Vol. 83 Wednesday, No. 158 August 15, 2018

Pages 40429–40652

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 158

Wednesday, August 15, 2018

Agency for International Development See Patent and Trademark Office NOTICES Senior Executive Service: Community Living Administration Membership of Performance Review Board, 40499 NOTICES Agency Information Collection Activities; Proposals, Agriculture Department Submissions, and Approvals: See Animal and Plant Health Inspection Service Annual Performance Reporting of the American Indian, See Food Safety and Inspection Service Alaskan Natives and Native Hawaiian Programs, NOTICES 40519–40520 Request for Expression of Interest for Potential Sites for Headquarters Office Locations, 40499–40501 Drug Enforcement Administration Requests for Nominations: NOTICES National Agricultural Research, Extension, Education, Manufacturers of Controlled Substances; Applications: and Economics Advisory Board, Specialty Crop Rhodes Technologies, 40567–40568 Committee, and National Genetics Advisory Council; Correction, 40499 Education Department NOTICES Animal and Plant Health Inspection Service Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Conditions for Payment of Highly Pathogenic Avian Common Core of Data School-Level Finance Survey Influenza Indemnity Claims, 40433–40438 2018–2020, 40502–40503

Antitrust Division Energy Department NOTICES See Federal Energy Regulatory Commission NOTICES Proposed Final Judgment and Competitive Impact Agency Information Collection Activities; Proposals, Statement: Submissions, and Approvals, 40503–40504 United States v. The Walt Disney Company, et al., 40553–40567 Environmental Protection Agency PROPOSED RULES Centers for Medicare & Medicaid Services Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Medicare and Medicaid Programs: Indiana: Attainment Plan for Indianapolis, Southwest Application from the Joint Commission for Continued Indiana, and Terre Haute SO2 Nonattainment Areas, Approval of its Psychiatric Hospital Accreditation 40487–40498 Program, 40514–40515 Federal Aviation Administration Children and Families Administration RULES NOTICES Airworthiness Directives: Agency Information Collection Activities; Proposals, Airbus SAS Airplanes, 40438–40443 Submissions, and Approvals: Bombardier, Inc. Airplanes, 40445–40451 2019 National Survey of Early Care and Education, The Boeing Company Airplanes, 40443–40445 40516–40517 NOTICES Evaluation of Domestic Victims of Human Trafficking Agency Information Collection Activities; Proposals, Program, 40515–40516 Submissions, and Approvals: Funding Announcements: QSA Customer Feedback Report, 40619–40620 Intent to Issue One OPDIV-Initiated Supplement to BCFS Health and Human Services under the Standing Federal Communications Commission Announcement for Residential Services for RULES Unaccompanied Children, 40519 Connect America Fund, 40457–40458 Statement of Organization, Functions, and Delegations of NOTICES Authority, 40517–40519 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40513 Coast Guard RULES Federal Energy Regulatory Commission Drawbridge Operations: NOTICES Sacramento River, Sacramento, CA, 40454 Combined Filings, 40504–40505, 40508, 40512–40513 Safety Zones: Environmental Assessments; Availability, etc.: Lower Mississippi River, New Orleans, LA, 40455–40457 El Paso Natural Gas Co., LLC; South Mainline Expansion Project, 40507 Commerce Department Environmental Impact Statements; Availability, etc.: See Foreign-Trade Zones Board Mountain Valley Pipeline, LLC; MVP Southgate Project, See National Oceanic and Atmospheric Administration 40509–40512

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Hydroelectric Applications: Foreign-Trade Zones Board Erie Boulevard Hydropower, L.P., 40505–40506 NOTICES Initial Market-Based Rate Filings Including Requests for Production Activities: Blanket Section 204 Authorizations: AFL Telecommunications, LLC, Foreign-Trade Zone 38, Holloman Lessee, LLC, 40508–40509 Spartanburg, SC, 40502 Minco IV & V Interconnection, LLC, 40505 Sanford Energy Associates, LLC, 40512 Health and Human Services Department Post-Technical Conference Comments: See Centers for Medicare & Medicaid Services Reliability Technical Conference, 40509 See Children and Families Administration Requests under Blanket Authorizations: See Community Living Administration Southern Star Central Gas Pipeline, Inc., 40506–40507 See Food and Drug Administration See Indian Health Service See National Institutes of Health Federal Maritime Commission See Substance Abuse and Mental Health Services NOTICES Administration Agreements Filed, 40513–40514 Homeland Security Department Federal Motor Carrier Safety Administration See Coast Guard NOTICES See Transportation Security Administration Agency Information Collection Activities; Proposals, See U.S. Citizenship and Immigration Services Submissions, and Approvals: See U.S. Customs and Border Protection Commercial Motor Vehicle Marking Requirements, 40636–40637 Indian Affairs Bureau Qualification of Drivers; Exemption Applications: NOTICES Diabetes, 40621–40624 Indian Gaming: Diabetes Mellitus, 40630–40631, 40641–40648 Extension of Tribal-State Class III Gaming Compact Epilepsy and Seizure Disorders, 40624–40627, 40629– (Rosebud Sioux Tribe and the State of South Dakota), 40630 40549 Hearing, 40620–40621, 40631–40632 Tribal-State Class III Gaming Compact Taking Effect in Implantable Cardioverter Defibrillator, 40637–40638 the State of California, 40549 Implantable Cardioverter Defibrillators, 40649–40651 Indian Health Service Vision, 40627–40629, 40632–40636, 40638–40640, NOTICES 40648–40649 Funding Opportunities: Epidemiology Program for American Indian/Alaska Federal Railroad Administration Native Tribes and Urban Indian Communities, NOTICES 40525–40540 Petitions for Waiver of Compliance, 40651 Interior Department See Fish and Wildlife Service Fish and Wildlife Service See Indian Affairs Bureau NOTICES See Land Management Bureau Environmental Assessments; Availability, etc.: See National Indian Gaming Commission Incidental Take Permit Application, Habitat Conservation See National Park Service Plan for the Alabama beach mouse, Gulf Place East Parking Lot, Gulf Shores, AL, 40548–40549 International Trade Commission NOTICES Food and Drug Administration Antidumping or Countervailing Duty Investigations, Orders, NOTICES or Reviews: Agency Information Collection Activities; Proposals, Steel Trailer Wheels from China, 40551–40552 Submissions, and Approvals: Investigations; Determinations, Modifications, and Rulings, Guidance for Industry on Postmarketing Adverse Event etc.: Reporting for Nonprescription Human Drug Products Steel Racks from China, 40552–40553 Marketed Without an Approved Application, 40520– 40522 Justice Department Guidance: See Antitrust Division Elemental Impurities in Animal Drug Products— See Drug Enforcement Administration Questions and Answers, 40524–40525 See Justice Programs Office Meetings: NOTICES Agency Information Collection Activities; Proposals, Pharmaceutical Science and Clinical Pharmacology Submissions, and Approvals: Advisory Committee, 40522–40524 Rap Back Services Form, 40568 Priority Review Vouchers: Rare Pediatric Disease Product, 40524 Justice Programs Office NOTICES Food Safety and Inspection Service Meetings: NOTICES Body Armor Manufacturer Workshop, 40568–40569 Retail Exemptions Adjusted Dollar Limitations, 40501– Recognizing Private Sector Certification Programs for 40502 Criminal Justice Restraints, 40569

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Labor Department Occupational Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Land Management Bureau Submissions, and Approvals: NOTICES The Cadmium in Construction Standard, 40569–40570 Environmental Impact Statements; Availability, etc.: Livestock Grazing Monument Management Plan Patent and Trademark Office Amendment and Environmental Impact Statement, NOTICES Utah; Termination, 40549–40550 Agency Information Collection Activities; Proposals, Plats of Surveys: Submissions, and Approvals: Nevada, 40550–40551 Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 40502 Management and Budget Office NOTICES Pension Benefit Guaranty Corporation Cumulative Report of Rescissions Proposals Pursuant to the RULES Congressional Budget and Impoundment Control Act of Benefits Payable in Terminated Single-Employer Plans: 1974, 40571 Interest Assumptions for Paying Benefits, 40453–40454

Millennium Challenge Corporation Personnel Management Office NOTICES NOTICES Compact with Mongolia, 40571–40572 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Credit Union Administration Certificate of Medical Examination, 40577 NOTICES Privacy Act; Systems of Records, 40572–40575 Postal Regulatory Commission PROPOSED RULES National Endowment for the Humanities Mail Preparation Changes, 40485–40487 NOTICES NOTICES Meetings: New Postal Products, 40577–40578 Humanities Panel, 40575–40576 Postal Service National Foundation on the Arts and the Humanities NOTICES See National Endowment for the Humanities Product Changes: National Indian Gaming Commission Priority Mail Negotiated Service Agreement, 40578 NOTICES Presidential Documents Agency Information Collection Activities; Proposals, PROCLAMATIONS Submissions, and Approvals: Trade: Stakeholders Surveys, 40551 Steel; Adjusting Imports Into the U.S. (Proc. 9772), National Institutes of Health 40429–40432 NOTICES Securities and Exchange Commission Meetings: Center for Scientific Review, 40540 NOTICES National Institute of Allergy and Infectious Diseases, Agency Information Collection Activities; Proposals, 40540 Submissions, and Approvals, 40582–40583, 40610– National Institute of Mental Health, 40540 40611 Applications: National Oceanic and Atmospheric Administration Thrivent Financial for Lutherans, et al., 40587–40591 RULES Self-Regulatory Organizations; Proposed Rule Changes: Reef Fish Fishery of the Gulf of Mexico: Cboe BZX Exchange, Inc., 40599–40601 2018 Recreational Accountability Measure and Closure Financial Industry Regulatory Authority, Inc., 40601– for Gulf of Mexico Gray Triggerfish, 40458–40459 40605 Fixed Income Clearing Corp., 40611–40617 National Park Service Miami International Securities Exchange LLC, 40583– PROPOSED RULES 40587, 40595–40599 Special Regulations, Areas of the National Park System, MIAX PEARL, LLC, 40605–40610 National Capital Region, Special Events and Nasdaq BX, Inc., 40591–40595 Demonstrations, 40460–40485 Nasdaq PHLX LLC, 40578–40582

Neighborhood Reinvestment Corporation Selective Service System NOTICES NOTICES Meetings; Sunshine Act, 40576 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 40617 Nuclear Regulatory Commission NOTICES Small Business Administration License Amendment Applications: NOTICES National Aeronautics and Space Administration, John H. Disaster Declarations: Glenn Research Center, 40576–40577 Nebraska, 40617–40618

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Small Business Investment Company License Surrenders, Treasury Department 40617–40618 NOTICES Agency Information Collection Activities; Proposals, Social Security Administration Submissions, and Approvals, 40651–40652 RULES Attorney Advisor Program, 40451–40453 U.S. Citizenship and Immigration Services State Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Application for Certificate of Citizenship, 40547–40548 Statement of Political Contributions, Fees, and Application for Citizenship and Issuance of Certificate Commissions Relating to Sales of Defense Articles under Section 322, 40544–40545 and Defense Services, 40618–40619 Document Verification Request and Supplement, 40546– 40547 Substance Abuse and Mental Health Services Immigrant Petition by Alien Entrepreneur, 40542–40543 Administration Request for Certification of Military or Naval Service, 40545–40546 NOTICES Request for Reduced Fee, 40543–40544 Meetings: Center for Substance Abuse Treatment, 40541 U.S. Customs and Border Protection Surface Transportation Board NOTICES NOTICES Commercial Gaugers and Laboratories; Accreditations and Discontinuances of Service Exemptions: Approvals: Norfolk Southern Railway Co.; Washington County, PA, Intertek USA, Inc. (Sulphur, LA), 40541–40542 40619

Transportation Department Reader Aids See Federal Aviation Administration Consult the Reader Aids section at the end of this issue for See Federal Motor Carrier Safety Administration phone numbers, online resources, finding aids, and notice See Federal Railroad Administration of recently enacted public laws. Transportation Security Administration To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Agency Information Collection Activities; Proposals, accounts/USGPOOFR/subscriber/new, enter your e-mail Submissions, and Approvals: address, then follow the instructions to join, leave, or Rail Transportation Security, 40542 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9772...... 40429 9 CFR 53...... 40433 14 CFR 39 (3 documents) ...... 40438, 40443, 40445 20 CFR 404...... 40451 416...... 40451 29 CFR 4022...... 40453 33 CFR 117...... 40454 165...... 40455 36 CFR Proposed Rules: 7...... 40460 39 CFR Proposed Rules: 3010...... 40485 40 CFR Proposed Rules: 52...... 40487 47 CFR 54...... 40457 50 CFR 622...... 40458

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Federal Register Presidential Documents Vol. 158, No. 83

Wednesday, August 15, 2018

Title 3— Proclamation 9772 of August 10, 2018

The President Adjusting Imports of Steel Into the United States

By the President of the United States of America

A Proclamation 1. On January 11, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of steel articles on the national security of the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). The Secretary found and advised me of his opinion that steel articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States. 2. In Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel Into the United States), I concurred in the Secretary’s finding that steel articles, as defined in clause 1 of Proclamation 9705, as amended by clause 8 of Proclamation 9711 of March 22, 2018 (Adjusting Imports of Steel Into the United States), are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and decided to adjust the imports of these steel articles by imposing a 25 percent ad valorem tariff on such articles imported from most countries. 3. In Proclamation 9705, I also directed the Secretary to monitor imports of steel articles and inform me of any circumstances that in the Secretary’s opinion might indicate the need for further action under section 232 with respect to such imports. 4. The Secretary has informed me that while capacity utilization in the domestic steel industry has improved, it is still below the target capacity utilization level the Secretary recommended in his report. Although imports of steel articles have declined since the imposition of the tariff, I am advised that they are still several percentage points greater than the level of imports that would allow domestic capacity utilization to reach the target level. 5. In light of the fact that imports have not declined as much as anticipated and capacity utilization has not increased to that target level, I have con- cluded that it is necessary and appropriate in light of our national security interests to adjust the tariff imposed by previous proclamations. 6. In the Secretary’s January 2018 report, the Secretary recommended that I consider applying a higher tariff to a list of specific countries should I determine that all countries should not be subject to the same tariff. One of the countries on that list was the Republic of Turkey (Turkey). As the Secretary explained in that report, Turkey is among the major export- ers of steel to the United States for domestic consumption. To further reduce imports of steel articles and increase domestic capacity utilization, I have determined that it is necessary and appropriate to impose a 50 percent ad valorem tariff on steel articles imported from Turkey, beginning on August 13, 2018. The Secretary has advised me that this adjustment will be a significant step toward ensuring the viability of the domestic steel industry. 7. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security.

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8. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treat- ment, and actions thereunder, including the removal, modification, continu- ance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended, section 301 of title 3, United States Code, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim as follows: (1) In order to establish increases in the duty rate on imports of steel articles from Turkey, subchapter III of chapter 99 of the HTSUS is modified as provided in the Annex to this proclamation. Clause 2 of Proclamation 9705, as amended by clause 1 of Proclamation 9740 of April 30, 2018 (Adjusting Imports of Steel Into the United States), is further amended by striking the last two sentences and inserting in lieu thereof the following three sentences: ‘‘Except as otherwise provided in this proclamation, or in notices published pursuant to clause 3 of this proclamation, all steel articles imports specified in the Annex shall be subject to an additional 25 percent ad valorem rate of duty with respect to goods entered for consump- tion, or withdrawn from warehouse for consumption, as follows: (a) on or after 12:01 a.m. eastern daylight time on March 23, 2018, from all countries except Argentina, Australia, Brazil, Canada, Mexico, South Korea, and the member countries of the European Union; (b) on or after 12:01 a.m. eastern daylight time on June 1, 2018, from all countries except Argentina, Australia, Brazil, and South Korea; and (c) on or after 12:01 a.m. eastern daylight time on August 13, 2018, from all countries except Argentina, Australia, Brazil, South Korea, and Turkey. Further, except as otherwise provided in notices published pursuant to clause 3 of this proclamation, all steel articles imports from Turkey specified in the Annex shall be subject to a 50 percent ad valorem rate of duty with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 13, 2018. These rates of duty, which are in addition to any other duties, fees, exactions, and charges applicable to such imported steel articles, shall apply to imports of steel articles from each country as specified in the preceding two sentences.’’. (2) The text of U.S. note 16(a)(i) to subchapter III of chapter 99 of the HTSUS is amended by deleting ‘‘Heading 9903.80.01 provides’’ and inserting the following in lieu thereof: ‘‘Except as provided in U.S. note 16(a)(ii), which applies to products of Turkey that are provided for in heading 9903.80.02, heading 9903.80.01 provides’’. (3) U.S. note 16(a)(ii) to subchapter III of chapter 99 of the HTSUS is re-designated as U.S. note 16(a)(iii) to subchapter III of chapter 99 of the HTSUS. (4) The following new U.S. note 16(a)(ii) to subchapter III of chapter 99 of the HTSUS is inserted in numerical order: ‘‘(ii) Heading 9903.80.02 provides the ordinary customs duty treatment of iron or steel products of Turkey, pursuant to the article description of such heading. For any such products that are eligible for special tariff treatment under any of the free trade agreements or preference programs listed in general note 3(c)(i) to the tariff schedule, the duty provided in this heading shall be collected in addition to any special rate of duty otherwise applicable under the appropriate tariff subheading, except where prohibited by law. Goods for which entry is claimed under a provision of chapter 98 and which are subject to the additional duties prescribed herein shall be eligible for and subject to the terms of such provision and applicable U.S. Customs and Border Protection (‘‘CBP’’) regulations, except that duties under sub- heading 9802.00.60 shall be assessed based upon the full value of the im- ported article. No claim for entry or for any duty exemption or reduction

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shall be allowed for the iron or steel products enumerated in subdivision (b) of this note under a provision of chapter 99 that may set forth a lower rate of duty or provide duty-free treatment, taking into account information supplied by CBP, but any additional duty prescribed in any provision of this subchapter or subchapter IV of chapter 99 shall be imposed in addition to the duty in heading 9903.80.02.’’. (5) Paragraphs (b), (c), and (d) of U.S. note 16 to subchapter III of chapter 99 of the HTSUS are each amended by replacing ‘‘heading 9903.80.01’’ with ‘‘headings 9903.80.01 and 9903.80.02’’. (6) The ‘‘Article description’’ for heading 9903.80.01 of the HTSUS is amended by replacing ‘‘of Brazil’’ with ‘‘of Brazil, of Turkey’’. (7) The modifications to the HTSUS made by clauses 2 through 6 of this proclamation and the Annex to this proclamation shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 13, 2018, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated. (8) The Secretary, in consultation with U.S. Customs and Border Protection of the Department of Homeland Security and other relevant executive depart- ments and agencies, shall revise the HTSUS so that it conforms to the amendments directed by this proclamation. The Secretary shall publish any such modification to the HTSUS in the Federal Register. (9) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of August, in the year of our Lord two thousand eighteen, and of the Independ- ence of the United States of America the two hundred and forty-third.

Billing code 3295–F8–P

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ANNEX TO MODIFY CERTAIN PROVISIONS OF CHAPTER 99 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 13, 2018, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by inserting in numerical sequence the following new tariff provision, with the material in the new tariff provisions inserted in the columns labeled "Heading/Subheading", "Article Description", "Rates of Duty 1-General", "Rates ofDuty 1-Special," and "Rates ofbuty 2", respectively:

Rates of Duty

Heading/ Article description 1 2 Subheading General Special

9903.80.02 Products of iron or steel that are the product ofTurkey and provided for in the tariff headings or subheadings enumerated in note 16(b} to this subchapter, except any exclusions that may be determined and announced by the Department of Commerce ...... 50%

[FR Doc. 2018–17703

Filed 8–14–18; 8:45 a.m.] Billing code 7020–02–C

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Rules and Regulations Federal Register Vol. 83, No. 158

Wednesday, August 15, 2018

This section of the FEDERAL REGISTER APHIS, 1506 Klondike Road, Suite 101, According to the commenters, contains regulatory documents having general Conyers, GA 30094–5104; (770) 922– contractors incur costs prior to receiving applicability and legal effect, most of which 3496. the birds, e.g., for bedding, fuel, and the are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: labor required to prepare the facilities. Federal Regulations, which is published under An indemnity payment, even if made 50 titles pursuant to 44 U.S.C. 1510. Background early in the production cycle, may not The Code of Federal Regulations is sold by In an interim rule 1 effective and be sufficient for many contractors to the Superintendent of Documents. published in the Federal Register on recover these up-front costs. February 9, 2016 (81 FR 6745–6751, The Animal Health Protection Act (7 Docket No. APHIS–2015–0061), we U.S.C. 8301) authorizes the Animal and DEPARTMENT OF AGRICULTURE amended the regulations pertaining to Plant Health Inspection Service (APHIS) certain diseases of livestock and poultry to make payments for birds destroyed Animal and Plant Health Inspection to specify conditions for payment of due to HPAI based on the fair market Service indemnity claims for highly pathogenic value of the birds. While owners and avian influenza (HPAI). The interim rule contractors may have additional costs 9 CFR Part 53 provided a formula allowing us to split associated with the raising of the birds, [Docket No. APHIS–2015–0061] such payments between poultry and egg the determination of fair market value owners and parties with which the accounts for the production practices RIN 0579–AE14 owners enter into contracts to raise or and the inputs necessary to raise the Conditions for Payment of Highly care for the eggs or poultry based on the species of bird. The Animal Health Pathogenic Avian Influenza Indemnity proportion of the production cycle Protection Act does not, however, Claims completed. That action was necessary to authorize us to cover all losses from ensure that all contractors are HPAI, so costs incurred for certain AGENCY: Animal and Plant Health compensated appropriately. The interim supplies and labor performed prior to Inspection Service, USDA. rule also provided for the payment of confirmation of disease may not be ACTION: Final rule. indemnity for eggs required to be covered. destroyed due to HPAI, thus clarifying One of the commenters cited above SUMMARY: We are adopting as a final an existing policy. Finally, the interim further stated that, due to the initial rule, with changes, an interim rule that rule required owners and contractors, costs contractors incur, losses for a amended the regulations pertaining to unless specifically exempted, to provide contractor resulting from an outbreak certain diseases of livestock and poultry a statement that at the time of detection may exceed the value of the flock. In the to specify conditions for payment of of HPAI in their facilities, they had in commenter’s view, the distribution indemnity claims for highly pathogenic place and were following a biosecurity formula set out in the February 2016 avian influenza (HPAI). The interim rule plan aimed at keeping HPAI from interim rule does not accurately reflect provided a formula allowing us to split spreading to commercial premises. the relative impacts of an HPAI outbreak such payments between poultry and egg Comments on the interim rule were on owner and contractor. The owners and parties with which the required to be received on or before commenter recommended that, in owners enter into contracts to raise or April 11, 2016. We received 18 determining the value of the loss to the care for the eggs or poultry based on the comments by that date. They were from contractor, APHIS should use a 5-flock proportion of the production cycle industry stakeholders, an animal average for each impacted contractor completed. That action was necessary to welfare organization, and individuals. operation, based on the settlement ensure that all contractors are The issues raised by the commenters are sheets provided by the owner to the compensated appropriately. The interim discussed below. contractor. rule also clarified an existing policy Apportionment Formula The February 2016 interim rule set regarding the payment of indemnity for out a formula whereby the eggs destroyed due to HPAI and A number of commenters expressed apportionment of indemnity payments required a statement from owners and concerns about the methodology set out to owners and contractors was based on contractors, unless specifically by the interim rule for determining how the duration in days of the contract, as exempted, indicating that at the time of to apportion funds between owner and signed prior to the disease outbreak. The detection of HPAI in their facilities, they contractor. These concerns mostly interim rule did include a provision, had in place and were following a pertained to equitability and however, stating that if determining the biosecurity plan aimed at keeping HPAI transparency, with some addressing length of service contract is impractical from spreading to commercial premises. specific sectors of the poultry industry. or inappropriate, then APHIS may use DATES: Effective on August 15, 2018, we Several commenters stated that the other methods as deemed appropriate. are adopting as a final rule the interim formula is flawed because it effectively This provision allows APHIS, when rule published at 81 FR 6745–6751, on apportions zero value to the preparatory appropriate, to use previous flock February 9, 2016. The amendments in work done by the contractor prior to the averages to assist in determining the this final rule are effective on September beginning of the production cycle. contractor’s portion of the indemnity 14, 2018. payment, as the commenter suggested. 1 FOR FURTHER INFORMATION CONTACT: To view the interim rule, supporting document, Dr. and the comments we received, go to http:// A commenter stated that contractors’ Denise Brinson, Senior Coordinator, www.regulations.gov/#!docketDetail;D=APHIS- loss of income resulting from bird National Poultry Improvement Plan, VS, 2015-0061. disposal and cleanup following

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depopulation should be factored into Transparency was another issue place and were following a biosecurity our formula. Noting that contractors are raised by the commenters. A commenter plan. A list of recommended biosecurity often directly involved with the bird suggested that we needed to gather more measures was also included, as well as disposal, the commenter stated that data in order to devise a fair method of exemptions from the biosecurity affected growers will lose not only the apportioning indemnity payments statement requirement for certain income from the flock affected by and between owners and contractors. relatively small facilities. Some destroyed because of HPAI, but also Another commenter suggested that we commenters questioned whether the income from one or more flocks that should update and make more requirements were sufficiently stringent cannot be raised on the premises due to transparent our formulas for calculating overall, while others focused more the shutdown time required. While such indemnities. specifically on the exemptions for a shutdown will also impact the owners We apportion indemnity payments smaller facilities. somewhat, they can minimize economic between owner and contractor based on The various issues raised by these losses by increasing placement with the terms of the contract between the commenters, along with changes we are unaffected contractors. The contractor, two parties and the duration of the making in response to some comments, who has no such recourse, therefore period during which the contractor are discussed in detail below. One would bear the greater impact from such possessed the birds or eggs. Thus, the change we are making for the sake of a shutdown, a difference that should be amount of the indemnity received by clarity is to add a definition to § 53.1 of reflected in the apportionment of the contractor from APHIS will depend poultry biosecurity plan, which we indemnity payments. largely on the terms of the contract. define in this final rule as a document Under the Animal Health Protection APHIS does not play a role in those utilized by an owner and/or contractor Act, APHIS can make indemnity contractual arrangements. Our describing the management practices payments of up to 100 percent of the fair indemnity calculation formulas, referred and principles that are used to prevent market value for live birds that must be to by the second commenter above, are the introduction and spread of destroyed because of HPAI. Further, the the means by which we determine the infectious diseases of poultry at a Act also authorizes APHIS to pay for fair market value of birds and eggs specific facility. certain costs associated with cleanup, destroyed due to HPAI and, thereby, the One commenter stated that self- disinfection, and disposal of birds and total amount of compensation due the certification is not a reliable method for materials, such as bedding and litter, as indemnified party. As we have already ensuring the use of best practices in necessary to eliminate the virus. The noted, addressing these calculators is biosecurity on poultry- or egg-producing regulations in 9 CFR 53.2 and 53.7 also beyond the scope of the current premises because the self-certifying provide for such payments. While the rulemaking; however, the calculators are owners and growers will have an Animal Health Protection Act does not subject to continual review to ensure economic interest in ensuring their allow APHIS to compensate owners and that the economic assumptions on certifications. The commenter contractors directly for loss of income which they are based are correct and recommended that APHIS enforce due to a shutdown of operations, the that they adequately reflect standard biosecurity requirements by conducting range of activities for which we do pay industry practices. unannounced spot inspections and, indemnities will go some way towards Finally, one commenter stated that when violations are found, subjecting offsetting such costs. APHIS should indemnify farms that are the violators to serious financial Commenters stated that our not infected with HPAI but are consequences. indemnity apportionment formula indirectly affected by an HPAI outbreak. We believe the commenter has raised should take the type and age of the birds The commenter suggested that such some legitimate concerns about the into account. A standard cost division farms may be affected economically by efficacy of self-certification. In this final for all poultry is not equitable, it was being unable to restock if located in a rule, we are adding provisions for suggested, because some birds require quarantine or control zone. verifying that the owner and/or more of an investment than others. One The Animal Health Protection Act contractor does have a biosecurity plan commenter stated that specific authorizes APHIS to make payments for in place and that the plan is, in fact, provisions should be added to the rule birds or eggs destroyed due to HPAI being implemented. Those provisions to address HPAI losses experienced by based on their fair market value. APHIS are discussed in greater detail below. breeder hen and pullet contract growers recognizes that some owners and Some commenters advocated for more because their flocks are kept for much contractors whose flocks do not have rigorous biosecurity requirements. One longer durations than broiler flocks. HPAI may still have limited ability to commenter suggested that even if These comments appear to be directed place birds or eggs due to movement APHIS declines to do targeted more toward our methodology for control restrictions and, consequently, inspections, it should at least require determining fair market value of the may face financial hardships. However, that there is a biosecurity plan in place birds rather than the formula we use for the Animal Health Protection Act only prior to any HPAI outbreak or apportioning indemnity payments authorizes payment of indemnity to destruction of animals. The commenter between owners and contractors. The owners and contract growers of diseased stated that allowing owners and former is beyond the scope of the birds or eggs that are destroyed and not contractors to meet the requirement present rulemaking. That said, our to owners or contractors whose after an outbreak would provide a huge formulas for determining the fair market premises were only indirectly impacted. economic incentive to misrepresent the value of destroyed poultry for the state of biosecurity planning at a facility purpose of indemnifying owners and Biosecurity in its attestation. Requiring a biosecurity growers already take into account such The February 2016 interim rule statement prior to an outbreak, on the factors as the type, age, and production contained a requirement stating that, in other hand, would motivate owners and potential of the birds. These formulas, order to be eligible to receive indemnity contractors to address biosecurity also referred to as appraisal calculators, payments, both poultry or egg owners planning earlier. Another commenter are developed specifically for each and contractors had to provide to APHIS suggested that facilities subject to the segment of the industry and species of a statement that at the time of detection requirement should have had a plan in bird. of HPAI in their facilities, they had in place for 6 months prior to the outbreak,

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have had no lapses during that period, but may not be limited to, an evaluation biosecurity plan to comply with the have trained their employees in of the biosecurity plan itself and NPIP Program Standards. biosecurity, and be liable for penalties documentation showing that the plan is In the preamble to February 2016 for submitting false claims. being implemented. interim rule, we had stated that an Since the publication of the February To be recognized as compliant with additional reason for our focus on large 2016 interim rule, we have taken steps our biosecurity principles and eligible facilities is that their operators had to strengthen our biosecurity for indemnity, owners and/or suffered the most devastating impacts requirements. In a notice 2 published in contractors whose biosecurity plans fail during the 2014–2015 outbreak. A the Federal Register on May 5, 2017, the audit described above must have a commenter disputed that rationale, and effective on July 5, 2017 (82 FR check audit performed by a team stating that because smaller contractors 21187–21188, Docket No. APHIS–2016– appointed by the National NPIP Office may have lost their entire flocks to 0103), we advised the public of our and must demonstrate they have depopulation, they may have been determination to update the National implemented applicable biosecurity affected more adversely than the owners Poultry Improvement Plan (NPIP) measures. with whom they contracted, since the Program Standards. The NPIP Program The auditing procedures are described latter may have other, unaffected Standards is a document that provides in a new paragraph (e) that we are contractors with whom to place their detailed information on how to meet the adding to § 53.11 in this final rule and products. requirements contained in the NPIP in greater detail in the NPIP Program While the loss of any size flock regulations. The NPIP Standards can be Standards. adversely affects the contractor, all flocks that were infected by HPAI amended via notice rather than through A number of commenters opposed during the 2014–2015 outbreak were a lengthy rulemaking process, thereby exempting smaller facilities from the completely depopulated, including providing us with the flexibility to biosecurity certification requirement. It those owned by large-scale producers. ensure that program requirements was stated that weak biosecurity at a During the 2014–2015 HPAI outbreak, remain in sync with current industry facility of any size may result in the practices. The May 2017 final notice there were 21 infected backyard flocks spread of HPAI and that some facilities followed an earlier notice of availability, totaling approximately 10,000 birds that the interim rule exempted from the upon which we did not receive any versus 211 commercial flocks totaling biosecurity requirement were, in fact, public comments. Among other approximately 50 million birds. In the affected during the 2014–2015 HPAI changes, our updates to the NPIP aggregate, then, the impact on large outbreak. One commenter stated that the Program Standards included the commercial producers was much flock size thresholds for exempted addition of a set of 14 biosecurity greater. facilities needed to be lowered principles addressing such issues as Furthermore, in some cases, considerably. According to the training and biosecurity protocols for depopulation may also have greater commenter, the bird density on some of farm personnel; maintaining a line of impacts on individual commercial farms the exempted facilities was still high separation between the poultry house(s) than on smaller facilities. Smaller flock enough to pose a risk of spreading and the birds inside from any potential owners and contractors are more likely HPAI. disease sources; control of birds, to be diversified. A small contract rodents, and insects; procedures for While it is true that weak biosecurity grower with 500 birds is unlikely to be maintaining clean water supplies; and on a farm of any size could lead to able to make a living on selling the eggs procedures for auditing biosecurity spread of disease, the farms that were or the meat from those birds. For that plans. A facility’s biosecurity plan must affected during the 2014–2015 outbreak reason, he or she may have other address all 14 principles in order to were overwhelming large commercial occupations or businesses or may raise ensure that it complies with our facilities. There are approximately other livestock. Commercial producers, requirements. 18,900 operations that will be subject to on the other hand, focus on raising The auditing process that we have the biosecurity statement requirement, poultry, so depopulation of their flocks developed as one of the 14 biosecurity out of 233,770 poultry producers in the may leave them without immediate principles addresses concerns expressed United States. Those 18,900 operations, alternatives. by the commenters regarding the need however, produce or house A commenter questioned whether to have a biosecurity plan in place approximately 99 percent of the poultry removing the exemption for smaller before a facility is affected by HPAI. in the United States. Exempting the facilities would really place an undue Facilities will be audited at least once smaller facilities, therefore, allows us to regulatory burden on the owners and every 2 years or a sufficient number of focus our resources on the operations contractors operating such facilities. times during that period to satisfy their that raise or house 99 percent of the The commenter suggested that due to Official State Agency (OSA),3 a term we nation’s poultry supply. While bird the lower bird density on smaller define in 9 CFR 145.1 and 146.1 as the density on some smaller operations may facilities, owners and contractors on State authority we recognize as a be high enough to pose a risk of small facilities may have to make fewer cooperator in the administration of NPIP spreading HPAI due to environmental adaptations to their existing biosecurity requirements, that the facility’s contamination when biosecurity is procedures than would those on larger biosecurity plan complies with our 14 lacking, as noted above, 99 percent of ones. That being the case, the biosecurity principles, i.e., with the the nation’s poultry reside and are commenter suggests, our biosecurity NPIP Standards. The audit will include, raised on non-exempt operations. requirements may not place a greater Lowering the flock-size threshold would regulatory burden on smaller facilities 2 To view the notices and the Program Standards, increase the regulatory burden on small than on larger ones. go to http://www.regulations.gov/#!docketDetail;D= producers, which were not a major In our view, the biosecurity APHIS-2016-0103. contributing factor in disease spread requirements included in this final rule 3 We note that the State of Hawaii does not during the 2014–2015 HPAI outbreak. In and the NPIP Program Standards would participate in the NPIP or have an OSA as defined in §§ 145.1 and 146.1. Audits on facilities in Hawaii addition, if the small farms participate likely prove more burdensome for may be performed by APHIS or an APHIS in the NPIP because they are selling smaller facilities than for larger ones. representative. poultry, they would have to have a Many smaller owners and contractors

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raise free-range chickens. To mitigate is necessary, to select regulatory Inadequate biosecurity measures may the chance of exposure of their flocks to approaches that maximize net benefits have led to HPAI introduction or spread HPAI and comply with our biosecurity (including potential economic, within and among some commercial principles, small growers and environmental, public health and safety facilities. Therefore, this final rule also contractors would likely have to effects, and equity). Executive Order requires large owners and contractors to construct enclosures to prevent 13563 emphasizes the importance of have in place, at the time of detection exposure to wild birds and waterfowl. quantifying both costs and benefits, of of HPAI, and have been following a With fewer birds on their premises, reducing costs, of harmonizing rules, poultry biosecurity plan that is smaller owners and contractors might and of promoting flexibility. The compliant with the biosecurity have to spend more per bird to construct economic analysis is summarized standards outlined in the NPIP Program such enclosures than would larger ones. below. Copies of the full analysis are Standards, in order to receive available on the Regulations.gov website compensation for claims arising out of Miscellaneous or by contacting the person listed under the destruction of animals or eggs One commenter questioned our FOR FURTHER INFORMATION CONTACT. destroyed due to an outbreak of HPAI. justification for publishing an interim This final rule is considered an Note that the NPIP is a cooperative rule. The commenter stated that we did Executive Order 13771 regulatory Federal-State-Industry mechanism for not provide evidence that the action. In accordance with guidance on controlling certain poultry diseases. Administrative Procedure Act’s ‘‘good complying with Executive Order 13771, The entities affected by this rule are cause’’ exemption from the regular the single primary estimate of the cost U.S. facilities primarily engaged in notice and comment rulemaking process of this rule is $9.3 million, the mid- breeding, hatching, and raising poultry should have applied to the interim rule. point estimate annualized in perpetuity for meat or egg production, and facilities In the commenter’s view, we did not using a 7 percent discount rate. Details primarily engaged in slaughtering clearly state what public interest was on the estimated costs of this final rule poultry. There were about 18,900 farms served by our issuing an interim rule on can be found in the rule’s economic that would be subject to the provisions an emergency basis rather than a analysis. of this rule in the 2012 Agricultural Census. Almost all commercial proposed rule followed by a final rule. Regulatory Flexibility Act In our view, emergency action was operations raising broilers are contract necessary due to the possibility of APHIS is adopting as a final rule, with growers.45 another HPAI outbreak occurring during changes, an interim rule that amended The United States is the world’s the spring wild bird migration season. the regulations pertaining to certain largest poultry producer and the second- In order to prevent the spread of the diseases of livestock and poultry to largest egg producer. The combined disease, we needed to ensure timely and specify conditions for payment of value of production from broilers, eggs, equable compensation to both owners indemnity claims for HPAI. The interim and turkeys, and the value of sales from and contractors for flocks destroyed due rule provided a formula allowing us to chickens in 2016 was $38.7 billion. In to HPAI. split such payments between poultry 2016, the United States exported poultry Finally, we are adding a new and egg owners and parties with which meat valued at about $3.3 billion. paragraph (f) to § 53.11, describing the the owners enter into contracts to raise Following the first HPAI findings in notice-based procedure we will use to or care for the eggs or poultry based on December 2014, a number of trading update the biosecurity principles and the proportion of the production cycle partners imposed complete or partial other sections of the NPIP Program completed. The interim rule also bans on shipments of U.S. poultry and Standards. Proposed updates will be clarified an existing policy regarding the poultry products. All but one of these announced to the public through a payment of indemnity for eggs restrictions from the 2014–15 outbreak Federal Register notice in accordance destroyed due to HPAI. The interim rule have since been lifted. United States with the NPIP regulations in 9 CFR also required a statement from owners poultry and poultry product exports 147.53(e). (including independent growers) and declined by about 31 percent from 2014 Therefore, for the reasons given in the contractors (contract growers), unless through 2016. Exports in 2017 were at interim rule and in this document, we exempt, indicating that at the time of approximately the same level as 2016. are adopting the interim rule as a final detection of HPAI in their facilities, they Broilers account for nearly all U.S. rule, with the changes discussed in this had in place and were following a chicken consumption. Broiler document. biosecurity plan aimed at keeping HPAI production and processing primarily This final rule also affirms the from spreading to commercial premises. occurs within highly integrated information contained in the interim Under this final rule, we are removing production systems. Owners of the rule concerning Executive Orders 12372 the self-certification and adding processing facilities also own the birds and 12988. provisions for verifying that the owner that are processed and contract with and/or contractor does have a growers (contract growers) to raise those Executive Orders 12866, 13563, 13771 biosecurity plan in place and that the birds before processing. Expanded and Regulatory Flexibility Act plan is, in fact, being implemented. broiler production has been made This action has been determined to be At the time of the most recent possible to a large extent by the significant for the purposes of Executive outbreak, the regulations in part 53 did vertically integrated production system Order 12866 and, therefore, has been not specify that the indemnity be split and through the use of production reviewed by the Office of Management between owners and contractors. When contracts. and Budget. APHIS pays to compensate owners and Under the system of production We have prepared an economic contractors for losses, that contracts, the contractor normally analysis for this rule. The economic compensation should be distributed to analysis provides a cost-benefit analysis, parties who suffer losses based on the 4 MacDonald, J.M. Technology, Organization, and as required by Executive Orders 12866 terms of the contract. The vast majority Financial Performance in U.S. Broiler Production, EIB–126 USDA Economic Research Service. June and 13563, which direct agencies to of contracts are expected to reflect the 2014. assess all costs and benefits of available relative level of inputs or investments of 5 2011 USDA Agricultural Resource Management regulatory alternatives and, if regulation the parties who suffer losses. Survey, Version 4.

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supplies the grow-out house with all the this requirement. There will be one-time disinfection could range from about necessary heating, cooling, feeding, and costs and annual costs for some poultry $2,550 to $10,200 in total for those few watering systems. The contractor also operations associated with this rule. operations needing additional cleaning supplies the labor needed in growing One-time costs include the development and disinfection. Annual costs of the birds. The owner normally supplies of a biosecurity plan, and equipment chemicals for water treatment could the chicks, feed, veterinary medicines, purchases for those facilities that need range from about $164,000 to $328,500 and transportation. Contractors have to implement structural biosecurity in total for those few operations needing exclusive contracts with an owner and measures in order to be fully compliant water treatment. We estimate that the receive payment for the services that with the NPIP biosecurity principles. In total cost of performing audits of the they provide, with premiums and addition, some producers will incur biosecurity plans at all affected facilities discounts tied to the efficiency with additional recurring biosecurity training will be between $2.8 million and $3.3 which feed is converted to live-weight costs necessary to be compliant with million. Because these audits will be broilers, the minimization of mortality, these regulations. performed every 2 years, we assume that or the number of eggs produced. The biosecurity measures needed on a one half of this cost is incurred each Specific contract terms and the period given operation are specific to that year. covered can vary. operation. The vast majority of This rule directly benefits poultry Embedded in the value of a bird at operations already have some level of operations who otherwise may suffer any point in time is the value of inputs biosecurity in place on their operations, uncompensated economic losses from by both owners and contractors. as a result of contractual obligations, participating in an HPAI eradication Contractors’ costs are more or less fixed participation in existing government/ program. In addition, the development and are heavily committed early in the industry programs, compliance with or revision of biosecurity requirements production cycle. Prior to the existing regulations, or existing may help to avert future HPAI outbreaks publication of the interim rule, company policies, thereby reducing the or prevent the spread of disease during indemnity payments went directly to need for many poultry operations to an outbreak. To the extent that the rule the owner of the birds who, depending implement such measures from scratch. contributes to the elimination of HPAI, on the terms of the contractual Most will be able to adhere to the NPIP entities at all levels of the poultry arrangement, might or might not have biosecurity principles by making small industry as well as consumers will compensated the contractor. It is operational changes and identifying and benefit over the long term. important to finalize these regulations to enumerating current standard operating The 2015 HPAI outbreak had a share indemnity payments between procedures in their biosecurity plans. substantial impact on the U.S. poultry poultry owners and contractors, both of Some poultry operations will have to sector. The birds lost during the whom have productive assets imbedded implement new operational or structural outbreak accounted for about 12 percent in the value of the bird. biosecurity measures in order to be fully of the U.S. table-egg laying population APHIS’ determination of the total compliant with the NPIP biosecurity and 8 percent of the estimated inventory amount of indemnity will remain the principles. Based on discussions with of turkeys grown for meat. Losses in the same under the rule as before. However, industry, the measures that are most egg sector, including layers and eggs, to determine the appropriate payment likely to involve changes for poultry were estimated at nearly $1.04 billion. split between owner and contractor, operations concern the biosecurity Layers accounted for a large majority of APHIS may have to examine contract categories of training, cleaning and the birds lost due to the outbreak with specifics on a case-by-case basis. This disinfection of equipment, and the those losses compounded by extensive rule does not change the total amount of treatment of water. For the few poultry losses of layer pullets, young birds that compensation paid in a given situation, operations that need additional vehicle mature into replacement layers. Turkey but will ensure equitable distribution of cleaning and disinfection, we estimate losses were magnified by the relatively that compensation between the owner that the total one-time costs for large size of the birds and smaller and contractor. This rule benefits equipment will be from about $48,000 inventory. Almost 600,000 breeding contractors who otherwise may suffer to $439,000. turkeys were lost. Market and breeding uncompensated economic losses from The vast majority of affected poultry turkey losses due to the 2015 outbreak participating in an eradication program. operations have access to municipal were estimated at $530 million. This rule also specifies the water or a sufficiently deep well to meet Many destination markets for U.S. appropriate reference to eggs and a the standards laid out in the biosecurity poultry commodities levied trade description of the appraisal of the value principles. For poultry operations that restrictions on U.S. poultry exports, of eggs destroyed due to HPAI, simply need to treat water we estimate that total distorting markets and exacerbating clarifying existing practice for the one-time costs for equipment will range economic losses for all poultry sectors. indemnification of destroyed eggs and from about $570,000 to $1.1 million. Although very few broilers were will not change the total amount of any Many operations affected by this rule affected by the outbreak, trade compensation paid in a given future will need to review their existing restrictions decreased overseas demand situation. biosecurity plans and some will need to for broiler products and contributed to This final rule requires large owners develop new plans. We estimate that if much lower 2015 and 2016 broiler and contractors to follow 14 industry- 5 percent of affected poultry operations prices compared to pre-outbreak levels. standard biosecurity principles. These need to develop new biosecurity plans APHIS paid indemnities for principles are laid out in the NPIP and 95 percent need to review existing euthanized poultry and destroyed eggs Program Standards. The vast majority of biosecurity plans, the total one-time cost as well as paying for the euthanasia, contractors have some level of could be between $1.8 million and $2 cleaning and disinfection of poultry biosecurity in place on their operations, million. premises and equipment, and testing for or were in the process of voluntarily We estimate that the total additional the HPAI virus to ensure poultry farms adopting biosecurity measures prior to annual biosecurity training will cost can be safely repopulated. In total, the the implementation of the interim rule. from about $5.3 million to $9.3 million. U.S. Department of Agriculture spent There are approximately 18,900 In addition, annual costs of sanitizers about $850 million on these activities poultry operations that will be subject to used in vehicle cleaning and related to the 2015 outbreak.

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Executive Order 13175 PART 53—FOOT-AND-MOUTH biosecurity plan that is approved by the DISEASE, PLEUROPNEUMONIA, Administrator. Approved biosecurity This rule has been reviewed in RINDERPEST, AND CERTAIN OTHER principles are listed in the NPIP accordance with the requirements of COMMUNICABLE DISEASES OF Program Standards, as defined in Executive Order 13175, ‘‘Consultation LIVESTOCK OR POULTRY § 147.51 of this chapter. Alternative and Coordination with Indian Tribal biosecurity principles may also be Governments.’’ Executive Order 13175 ■ 1. The authority citation for part 53 approved by the Administrator in requires Federal agencies to consult and continues to read as follows: accordance with § 147.53(d)(2) of this coordinate with Tribes on a Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, chapter. government-to-government basis on 2.80, and 371.4. (2)(i) The biosecurity plan shall be policies that have Tribal implications, audited at least once every 2 years or a ■ 2. Section 53.1 is amended by adding including regulations, legislative sufficient number of times during that a definition of Poultry biosecurity plan comments or proposed legislation, and period to satisfy the owner and/or in alphabetical order to read as follows: other policy statements or actions that contractor’s Official State Agency that have substantial direct effects on one or § 53.1 Definitions. the plan is in compliance with the more Indian Tribes, on the relationship * * * * * biosecurity principles contained in the between the Federal Government and Poultry biosecurity plan. A document NPIP Program Standards. The audit will Indian Tribes or on the distribution of utilized by an owner and/or contractor include, but may not be limited to, a power and responsibilities between the describing the management practices review of the biosecurity plan, as well Federal Government and Indian Tribes. and principles that are used to prevent as documentation that it is being APHIS has assessed the impact of this the introduction and spread of implemented. rule on Indian Tribes and determined infectious diseases of poultry at a (ii) To be recognized as being in that this rule does not, to our specific facility. compliance with the biosecurity principles and eligible for indemnity, knowledge, have Tribal implications * * * * * owners and contractors who fail the that require Tribal consultation under ■ 3. Section 53.10 is amended as initial audit conducted by the NPIP Executive Order 13175. If a Tribe follows: Official State Agency must have a check requests consultation, APHIS will work ■ a. By removing paragraph (g) audit performed by a team appointed by with the Office of Tribal Relations to introductory text; National NPIP Office and must ensure meaningful consultation is ■ b. By revising paragraph (g)(1); and demonstrate that they have provided where changes, additions and ■ c. By adding an OMB citation at the implemented applicable biosecurity modifications identified herein are not end of the section. measures. The team will consist of an expressly mandated by Congress. The revision and addition read as APHIS poultry subject matter expert, the Paperwork Reduction Act follows: Official State Agency, and a licensed, § 53.10 Claims not allowed. accredited, industry poultry In accordance with section 3507(d) of veterinarian. * * * * * the Paperwork Reduction Act of 1995 (f) Proposed updates to the NPIP (g)(1) Except as provided in paragraph (44 U.S.C. 3501 et seq.), the burden Program Standards will be announced (g)(2) of this section, the Department requirements included in this final rule to the public through a Federal Register will not allow claims arising out of the will be approved by the Office of notice, as described in § 147.53(e) of this destruction of animals or eggs destroyed Management and Budget under control chapter. number 0579–0440. due to an outbreak of highly pathogenic avian influenza unless the owner of the (Approved by the Office of Management and E-Government Act Compliance animals or eggs and, if applicable, any Budget under control number 0579–0440) party that enters into a contract with the Done in Washington, DC, this 8th day of The Animal and Plant Health owner to grow or care for the poultry or August 2018. Inspection Service is committed to eggs, had in place, at the time of Greg Ibach, compliance with the E-Government Act detection of highly pathogenic avian Under Secretary for Marketing and Regulatory to promote the use of the internet and influenza, and was following a poultry Programs. other information technologies, to biosecurity plan that meets the [FR Doc. 2018–17554 Filed 8–14–18; 8:45 am] provide increased opportunities for requirements of § 53.11(e). BILLING CODE 3410–34–P citizen access to Government * * * * * information and services, and for other purposes. For information pertinent to (Approved by the Office of Management and E-Government Act compliance related Budget under control number 0579–0440) DEPARTMENT OF TRANSPORTATION to this rule, please contact Ms. Kimberly ■ 4. Section 53.11 is amended as Federal Aviation Administration Hardy, APHIS’ Information Collection follows: Coordinator, at (301) 851–2483. ■ a. By adding paragraphs (e) and (f); 14 CFR Part 39 List of Subjects in 9 CFR Part 53 and ■ b. By adding an OMB citation at the [Docket No. FAA–2018–0709; Product Animal diseases, Indemnity end of the section. Identifier 2018–NM–100–AD; Amendment payments, Livestock, Poultry and The additions read as follows: 39–19359; AD 2018–17–05] poultry products. § 53.11 Highly pathogenic avian influenza; RIN 2120–AA64 conditions for payment. Accordingly, the interim rule Airworthiness Directives; Airbus SAS amending 9 CFR part 53 that was * * * * * Airplanes published at 81 FR 6745–6751, on (e)(1) The owner and, if applicable, February 9, 2016, is adopted as a final the contractor, unless exempted under AGENCY: Federal Aviation rule with the following changes: § 53.10(g)(2), must have a poultry Administration (FAA), DOT.

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ACTION: Final rule; request for at http://www.regulations.gov by check of each affected EHA, and, depending comments. searching for and locating Docket No. on findings, accomplishment of applicable FAA–2018–0709. corrective action(s). SUMMARY: We are adopting a new Corrective actions include replacing airworthiness directive (AD) for all Examining the AD Docket or reidentifying affected EHAs. You may Airbus SAS Model A350–941 and –1041 You may examine the AD docket on airplanes. This AD was prompted by examine the MCAI on the internet at the internet at http:// http://www.regulations.gov by searching reports that electro-hydrostatic actuators www.regulations.gov by searching for (EHAs), installed on the inboard for and locating Docket No. FAA–2018– and locating Docket No. FAA–2018– 0709. ailerons, elevators, and rudder, had 0709; or in person at the Docket degraded insulation resistance in the Operations office between 9 a.m. and 5 Related Service Information Under 1 direct drive solenoid valve (DDSOV), p.m., Monday through Friday, except CFR Part 51 due to incorrect sealing application. Federal holidays. The AD docket Airbus SAS has issued Service This AD requires a check of the contains this AD, the regulatory insulation resistance of the DDSOV of Bulletin A350–27–P020, dated February evaluation, any comments received, and 22, 2018. This service information each affected EHA and applicable other information. The street address for corrective actions. We are issuing this describes procedures for an insulation the Docket Operations office (phone: resistance check (detailed inspection) of AD to address the unsafe condition on 800–647–5527) is in the ADDRESSES these products. the DDSOV of each affected EHA and section. Comments will be available in applicable corrective actions. DATES: This AD becomes effective the AD docket shortly after receipt. Moog Aircraft Group has issued August 30, 2018. FOR FURTHER INFORMATION CONTACT: Service Bulletin CA67001–27–05, dated The Director of the Federal Register Kathleen Arrigotti, Aerospace Engineer, approved the incorporation by reference February 21, 2018. This service International Section, Transport information identifies affected EHAs for of certain publications listed in this AD Standards Branch, FAA, 2200 South as of August 30, 2018. certain inboard ailerons and describes, 216th St., Des Moines, WA 98198; among other actions, procedures for We must receive comments on this phone and fax: 206–231–3218. AD by October 1, 2018. applicable corrective actions. SUPPLEMENTARY INFORMATION: ADDRESSES: You may send comments, Moog Aircraft Group has issued using the procedures found in 14 CFR Discussion Service Bulletin CA67006–27–04, dated 11.43 and 11.45, by any of the following February 21, 2018. This service The European Aviation Safety Agency information identifies affected EHAs for methods: (EASA), which is the Technical Agent • certain elevators and describes, among Federal eRulemaking Portal: Go to for the Member States of the European http://www.regulations.gov. Follow the other actions, procedures for applicable Union, has issued EASA AD 2018–0141, corrective actions. instructions for submitting comments. dated July 3, 2018 (referred to after this • Moog Aircraft Group has issued Fax: 202–493–2251. as the Mandatory Continuing • Service Bulletin CA67008–27–04, dated Mail: U.S. Department of Airworthiness Information, or ‘‘the February 21, 2018. This service Transportation, Docket Operations, M– MCAI’’), to correct an unsafe condition information identifies affected EHAs for 30, West Building Ground Floor, Room for all Airbus SAS Model A350–941 and certain rudders and describes, among W12–140, 1200 New Jersey Avenue SE, –1041 airplanes. The MCAI states: Washington, DC 20590. other actions, procedures for applicable • Hand Delivery: U.S. Department of Occurrences were reported of EHA units corrective actions. Transportation, Docket Operations, M– that were returned to the manufacturer This service information is reasonably (MOOG Aircraft Group) with degraded 30, West Building Ground Floor, Room insulation resistance in the direct drive available because the interested parties W12–140, 1200 New Jersey Avenue SE, solenoid valve (DDSOV). Investigation results have access to it through their normal Washington, DC, between 9 a.m. and 5 revealed that moisture ingress, due to course of business or by the means p.m., Monday through Friday, except incorrect sealing application, had caused this identified in the ADDRESSES section. Federal holidays. degradation. For Airbus SAS service information This condition, if not detected and FAA’s Determination identified in this final rule, contact corrected, could lead to the DDSOV being This product has been approved by Airbus SAS, Airworthiness Office— unable to command or maintain the EHA in the aviation authority of another active mode, possibly resulting in reduced EAL, Rond-Point Emile Dewoitine No: control of the aeroplane. country, and is approved for operation 2, 31700 Blagnac Cedex, France; phone: Due to similarity of design, all five EHA in the United States. Pursuant to our +33 5 61 93 36 96; fax: +33 5 61 93 45 positions could be affected, inboard aileron bilateral agreement with the State of 80; email: continued- EHAs (Functional Item Number (FIN) 4CR1 Design Authority, we have been notified [email protected]; and FIN 4CR2), elevator EHAs (FIN 2CT1 and of the unsafe condition described in the internet: http://www.airbus.com. For FIN 2CT2) and the rudder EHA (FIN 3CY). MCAI and service information Moog Aircraft Group service Prompted by these findings, MOOG Aircraft referenced above. We are issuing this information identified in this final rule, Group improved the manufacturing process to ensure adequate sealing capability of the AD because we evaluated all pertinent contact Moog Aircraft Group, Plant 4, DDSOV and issued the applicable SB [MOOG information and determined the unsafe 160 Jamison Road, East Aurora, NY Aircraft Group Service Bulletins CA67001– condition exists and is likely to exist or 14052–0018; phone: 716–652–2000; 27–05; CA67006–27–04; and CA67008–27– develop on other products of the same email: [email protected]; internet: 04] providing a screening procedure. To type design. http://www.moog.com. You may view address this potential unsafe condition, this referenced service information at Airbus issued the AOT [Alert Operators Requirements of This AD the FAA, Transport Standards Branch, Transmission A27P009–16] and the Airbus This AD requires accomplishing the SB [Service Bulletin A350–27–P020], 2200 South 216th St., Des Moines, WA. providing instructions to restore the EHA to actions specified in the service For information on the availability of nominal performance. information described previously. This this material at the FAA, call 206–231– For the reasons described above, this AD also requires sending the results of 3195. It is also available on the internet [EASA] AD requires a one-time insulation the check to AirbusWorld.

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FAA’s Determination of the Effective reason, good cause exists for making environmental, and energy aspects of Date this amendment effective in fewer than this AD. We will consider all comments 30 days. received by the closing date and may An unsafe condition exists that amend this AD based on those Comments Invited requires the immediate adoption of this comments. AD. The FAA has found that the risk to This AD is a final rule that involves We will post all comments we the flying public justifies waiving notice requirements affecting flight safety, and receive, without change, to http:// and comment prior to adoption of this we did not precede it by notice and www.regulations.gov, including any rule because the insulation resistance in opportunity for public comment. We personal information you provide. We the DDSOV can degrade to unsafe levels invite you to send any written relevant will also post a report summarizing each within three months, which could lead data, views, or arguments about this AD. substantive verbal contact we receive to the DDSOV being unable to command Send your comments to an address about this AD. or maintain the EHA in active mode, listed under the ADDRESSES section. possibly resulting in reduced control of Include ‘‘Docket No. FAA–2018–0709; Costs of Compliance the airplane. Therefore, we determined Product Identifier 2018–NM–100–AD’’ We estimate that this AD affects 11 that notice and opportunity for public at the beginning of your comments. We airplanes of U.S. registry. We estimate comment before issuing this AD are specifically invite comments on the the following costs to comply with this impracticable and that, for the same overall regulatory, economic, AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Up to 24 work-hours × $85 per hour = Up to $2,040 $0 Up to $2,040 ...... Up to $22,440.

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product

Up to 30 work-hours × $85 per hour = Up to $2,550 ...... Up to $518,314 ...... Up to $520,864.

We estimate that it would take about and includes time for reviewing is within the scope of that authority 1 work-hour per product to comply with instructions, as well as completing and because it addresses an unsafe condition the reporting requirement in this AD. reviewing the collection of information. that is likely to exist or develop on The average labor rate is $85 per hour. Therefore, all reporting associated with products identified in this rulemaking Based on these figures, we estimate the this AD is mandatory. Comments action. cost of reporting the check results on concerning the accuracy of this burden This AD is issued in accordance with U.S. operators to be $85 per product. and suggestions for reducing the burden authority delegated by the Executive According to the manufacturer, some should be directed to the FAA at 800 Director, Aircraft Certification Service, or all of the costs of this AD may be Independence Ave. SW, Washington, as authorized by FAA Order 8000.51C. covered under warranty, thereby DC 20591, ATTN: Information In accordance with that order, issuance reducing the cost impact on affected Collection Clearance Officer, AES–200. of ADs is normally a function of the individuals. We do not control warranty Authority for This Rulemaking Compliance and Airworthiness coverage for affected individuals. As a Division, but during this transition result, we have included all known Title 49 of the United States Code period, the Executive Director has costs in our cost estimate. specifies the FAA’s authority to issue delegated the authority to issue ADs rules on aviation safety. Subtitle I, applicable to transport category Paperwork Reduction Act section 106, describes the authority of airplanes to the Director of the System A federal agency may not conduct or the FAA Administrator. Subtitle VII: Oversight Division. sponsor, and a person is not required to Aviation Programs, describes in more Regulatory Findings respond to, nor shall a person be subject detail the scope of the Agency’s to penalty for failure to comply with a authority. We determined that this AD will not collection of information subject to the We are issuing this rulemaking under have federalism implications under requirements of the Paperwork the authority described in Subtitle VII, Executive Order 13132. This AD will Reduction Act unless that collection of Part A, Subpart III, Section 44701: not have a substantial direct effect on information displays a current valid ‘‘General requirements.’’ Under that the States, on the relationship between OMB control number. The control section, Congress charges the FAA with the national government and the States, number for the collection of information promoting safe flight of civil aircraft in or on the distribution of power and required by this AD is 2120–0056. The air commerce by prescribing regulations responsibilities among the various paperwork cost associated with this AD for practices, methods, and procedures levels of government. has been detailed in the Costs of the Administrator finds necessary for For the reasons discussed above, I Compliance section of this document safety in air commerce. This regulation certify that this AD:

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1. Is not a ‘‘significant regulatory (e) Reason months after the airplane has reached 700 action’’ under Executive Order 12866; This AD was prompted by reports that flight hours since airplane first flight, or 2. Is not a ‘‘significant rule’’ under the electro-hydrostatic actuators (EHAs), within 30 days after the effective date of this DOT Regulatory Policies and Procedures installed on the inboard ailerons, elevators, AD, whichever occurs later, accomplish an (44 FR 11034, February 26, 1979); and rudder, had degraded insulation insulation resistance check (detailed 3. Will not affect intrastate aviation in resistance in the direct drive solenoid valve inspection) of the DDSOV of each affected Alaska; and (DDSOV), due to incorrect sealing EHA, in accordance with the 4. Will not have a significant application. We are issuing this AD to Accomplishment Instructions of Airbus Service Bulletin A350–27–P020, dated economic impact, positive or negative, address this condition, which could lead to the DDSOV being unable to command or February 22, 2018. on a substantial number of small entities maintain the EHA in active mode, possibly (2) For Group 1 airplanes, which have been under the criteria of the Regulatory resulting in reduced control of the airplane. inspected in accordance with the instructions Flexibility Act. of Airbus AOT A27P009–16: Within 3 (f) Compliance List of Subjects in 14 CFR Part 39 months after the airplane has reached 36 Comply with this AD within the months since airplane first flight, or within Air transportation, Aircraft, Aviation compliance times specified, unless already 3 months after the effective date of this AD, safety, Incorporation by reference, done. whichever occurs later, accomplish an Safety. (g) Definitions insulation resistance check of the DDSOV of each affected EHA, in accordance with the For the purposes of this AD, the definitions Adoption of the Amendment Accomplishment Instructions of Airbus specified in paragraphs (g)(1), (g)(2), and Service Bulletin A350–27–P020, dated Accordingly, under the authority (g)(3) of this AD apply. February 22, 2018. delegated to me by the Administrator, (1) An affected EHA is an EHA installed on the FAA amends 14 CFR part 39 as inboard ailerons, elevators, and rudder, as (i) Additional Check and Corrective Action follows: listed by part number and serial number in (1) If during the check required by the applicable service information specified paragraph (h)(1) of this AD, the measured PART 39—AIRWORTHINESS in paragraphs (g)(1)(i), (g)(1)(ii), and (g)(1)(iii) insulation resistance is 15 Megohms DIRECTIVES of this AD, except those that are paint (MOhms) or less, before next flight, replace marked, as specified in the applicable service ■ 1. The authority citation for part 39 information specified in paragraphs (g)(1)(i), the affected EHA with a serviceable EHA, in continues to read as follows: (g)(1)(ii), and (g)(1)(iii) of this AD. accordance with the Accomplishment (i) Moog Aircraft Group Service Bulletin Instructions of Airbus Service Bulletin A350– Authority: 49 U.S.C. 106(g), 40113, 44701. CA67001–27–05, dated February 21, 2018 27–P020, dated February 22, 2018. (2) If during the check required by § 39.13 [Amended] (aileron). (ii) Moog Aircraft Group Service Bulletin paragraph (h)(1) of this AD, the measured ■ 2. The FAA amends § 39.13 by adding CA67006–27–04, dated February 21, 2018 insulation resistance is more than 15 the following new airworthiness (elevator). MOhms, within 3 months after the airplane directive (AD): (iii) Moog Aircraft Group Service Bulletin has reached 36 months since airplane first flight, or within 3 months after the effective 2018–17–05 Airbus SAS: Amendment 39– CA67008–27–04, dated February 21, 2018 (rudder). date of this AD, whichever occurs later, 19359; Docket No. FAA–2018–0709; accomplish an insulation resistance check of Product Identifier 2018–NM–100–AD. (2) A serviceable EHA is an EHA having a part number and serial number not listed in the DDSOV of each affected EHA, in (a) Effective Date the applicable service information specified accordance with the Accomplishment Instructions of Airbus Service Bulletin A350– This AD becomes effective August 30, in paragraphs (g)(1)(i), (g)(1)(ii), and (g)(1)(iii) 27–P020, dated February 22, 2018. 2018. of this AD; or an affected EHA having a paint mark as specified in the applicable service (3) Depending on measured resistance (b) Affected ADs information specified in paragraphs (g)(1)(i), result of the check required by paragraph None. (g)(1)(ii), and (g)(1)(iii) of this AD. (h)(2) or (i)(2) of this AD, within the (3) Group 1 airplanes are those that have applicable compliance time defined in figure (c) Applicability an affected EHA installed. Group 2 airplanes 1 to paragraph (i)(3) of this AD, accomplish This AD applies to Airbus SAS Model are those that do not have an affected EHA the applicable corrective action(s) defined in A350–941 and –1041 airplanes, certificated installed. figure 1 to paragraph (i)(3) of this AD, in in any category, all manufacturer serial accordance with the Accomplishment (h) Initial Insulation Resistance Check numbers. Instructions of Airbus Service Bulletin A350– (1) For Group 1 airplanes, which have not 27–P020, dated February 22, 2018; or the (d) Subject been inspected in accordance with the applicable service information specified in Air Transport Association (ATA) of instructions of Airbus Alert Operators paragraphs (g)(1)(i), (g)(1)(ii), and (g)(1)(iii) of America Code 27, Flight controls. Transmission (AOT) A27P009–16: Within 3 this AD.

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(j) Reporting has the authority to approve AMOCs for this AD docket on the internet at http:// For each check required by paragraph AD, if requested using the procedures found www.regulations.gov by searching for and (h)(2) or (i)(2) of this AD: Within 30 days in 14 CFR 39.19. In accordance with 14 CFR locating Docket No. FAA–2018–0709. after each check required by paragraph (h)(2) 39.19, send your request to your principal (2) For more information about this AD, or (i)(2) of this AD or within 30 days after inspector or local Flight Standards District contact Kathleen Arrigotti, Aerospace the effective date of this AD, whichever Office, as appropriate. If sending information Engineer, International Section, Transport occurs later, report the results, including no directly to the International Section, send it Standards Branch, FAA, 2200 South 216th findings, using the online reporting to the attention of the person identified in St., Des Moines, WA 98198; phone and fax: application in AirbusWorld, as specified in paragraph (n)(2) of this AD. Information may 206–231–3218. be emailed to: 9-ANM-116-AMOC- Appendix A. ‘‘Inspection Report’’ of Airbus (o) Material Incorporated by Reference Service Bulletin A350–27–P020, dated [email protected]. Before using any February 22, 2018. approved AMOC, notify your appropriate (1) The Director of the Federal Register principal inspector, or lacking a principal approved the incorporation by reference (k) Parts Installation Prohibition inspector, the manager of the local flight (IBR) of the service information listed in this For Group 1 and Group 2 airplanes: From standards district office/certificate holding paragraph under 5 U.S.C. 552(a) and 1 CFR the effective date of this AD, no person may district office. part 51. install an affected EHA on any airplane. (2) Contacting the Manufacturer: For any (2) You must use this service information requirement in this AD to obtain corrective as applicable to do the actions required by (l) Paperwork Reduction Act Burden actions from a manufacturer, the action must this AD, unless this AD specifies otherwise. Statement be accomplished using a method approved (i) Airbus SAS Service Bulletin A350–27– A federal agency may not conduct or by the Manager, International Section, P020, dated February 22, 2018. sponsor, and a person is not required to Transport Standards Branch, FAA; or the (ii) Moog Aircraft Group Service Bulletin respond to, nor shall a person be subject to European Aviation Safety Agency (EASA); or CA67001–27–05, dated February 21, 2018. a penalty for failure to comply with a Airbus SAS’s EASA Design Organization (iii) Moog Aircraft Group Service Bulletin collection of information subject to the Approval (DOA). If approved by the DOA, CA67006–27–04, dated February 21, 2018. requirements of the Paperwork Reduction the approval must include the DOA- (iv) Moog Aircraft Group Service Bulletin Act unless that collection of information authorized signature. CA67008–27–04, dated February 21, 2018. displays a current valid OMB Control (3) Required for Compliance (RC): If any (3) For Airbus SAS service information Number. The OMB Control Number for this service information contains procedures or identified in this AD, contact Airbus SAS, information collection is 2120–0056. Public tests that are identified as RC, those Airworthiness Office—EAL, Rond-Point reporting for this collection of information is procedures and tests must be done to comply Emile Dewoitine No: 2, 31700 Blagnac Cedex, estimated to be approximately 1 hour per with this AD; any procedures or tests that are France; phone: +33 5 61 93 36 96; fax: +33 response, including the time for reviewing not identified as RC are recommended. Those 5 61 93 45 80; email: continued- instructions, completing and reviewing the procedures and tests that are not identified [email protected]; internet: collection of information. All responses to as RC may be deviated from using accepted http://www.airbus.com. this collection of information are mandatory. methods in accordance with the operator’s (4) For Moog Aircraft Group service Comments concerning the accuracy of this maintenance or inspection program without information identified in this AD, contact burden and suggestions for reducing the obtaining approval of an AMOC, provided Moog Aircraft Group, Plant 4, 160 Jamison burden should be directed to the FAA at: 800 the procedures and tests identified as RC can Road, East Aurora, NY 14052–0018; phone: Independence Ave. SW, Washington, DC be done and the airplane can be put back in 716–652–2000; email: [email protected]; 20591, Attn: Information Collection an airworthy condition. Any substitutions or internet: http://www.moog.com. Clearance Officer, AES–200. changes to procedures or tests identified as (5) You may view this service information RC require approval of an AMOC. at the FAA, Transport Standards Branch, (m) Other FAA AD Provisions 2200 South 216th St., Des Moines, WA. For The following provisions also apply to this (n) Related Information information on the availability of this AD: (1) Refer to Mandatory Continuing material at the FAA, call 206–231–3195. (1) Alternative Methods of Compliance Airworthiness Information (MCAI) EASA AD (6) You may view this service information (AMOCs): The Manager, International 2018–0141, dated July 3, 2018, for related that is incorporated by reference at the Section, Transport Standards Branch, FAA, information. This MCAI may be found in the National Archives and Records

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Administration (NARA). For information on South 216th St., Des Moines, WA. For The following presents the comments the availability of this material at NARA, call information on the availability of this received on the NPRM and the FAA’s 202–741–6030, or go to: http:// material at the FAA, call 206–231–3195. response to each comment. www.archives.gov/federal-register/cfr/ibr- It is also available on the internet at locations.html. http://www.regulations.gov by searching Request for Clarification of Affected Issued in Des Moines, Washington, on for and locating Docket No. FAA–2017– Spare Parts August 5, 2018. 1022. Michael Kaszycki, Oman Air requested clarification regarding whether the proposed AD Acting Director, System Oversight Division, Examining the AD Docket Aircraft Certification Service. You may examine the AD docket on applies only to the airplane line numbers specified in the service [FR Doc. 2018–17482 Filed 8–14–18; 8:45 am] the internet at http:// information, or whether the proposed BILLING CODE 4910–13–P www.regulations.gov by searching for and locating Docket No. FAA–2017– AD would also require modification of 1022; or in person at Docket Operations spare ducts. DEPARTMENT OF TRANSPORTATION between 9 a.m. and 5 p.m., Monday Oman Air stated that the applicability through Friday, except Federal holidays. in the proposed AD includes those Federal Aviation Administration The AD docket contains this final rule, airplanes that are specified in Boeing the regulatory evaluation, any Alert Service Bulletin B787–81205– 14 CFR Part 39 comments received, and other SB300019–00, Issue 001, dated March [Docket No. FAA–2017–1022; Product information. The address for Docket 22, 2017. Oman Air also stated that the Identifier 2017–NM–098–AD; Amendment Operations (phone: 800–647–5527) is service information also affects spare 39–19357; AD 2018–17–03] Docket Operations, U.S. Department of CAC inlet duct assemblies with part RIN 2120–AA64 Transportation, Docket Operations, M– numbers specified in the service 30, West Building Ground Floor, Room information. Oman Air commented that Airworthiness Directives; The Boeing W12–140, 1200 New Jersey Avenue SE, the service information recommended Company Airplanes Washington, DC 20590. that the spares be modified in FOR FURTHER INFORMATION CONTACT: Joe accordance with Boeing Alert Service AGENCY: Federal Aviation Salemeh, Aerospace Engineer, Systems Bulletin B787–81205–SB300019–00, or Administration (FAA), DOT. and Equipment Section, FAA, Seattle any later FAA-approved revision. Oman ACTION: Final rule. ACO Branch, 2200 South 216th St., Des Air stated that there is no mention of SUMMARY: We are adopting a new Moines, WA 98198; phone and fax: 206– spares in the proposed rule, no airworthiness directive (AD) for certain 231–3536; email: [email protected]. compliance time associated with the The Boeing Company Model 787–8 and SUPPLEMENTARY INFORMATION: spares, and no parts installation prohibition paragraph. 787–9 airplanes. This AD was prompted Discussion by reports of failures of the lip heater We agree to clarify. This AD applies We issued a notice of proposed assemblies of the inlet ice protection only to the airplanes specified in the system of the cabin air compressor rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would applicability, which includes Boeing (CAC) due to chafing. This AD requires Model 787–8 and 787–9 airplanes, changing the airplane electrical apply to certain The Boeing Company Model 787–8 and 787–9 airplanes. The certificated in any category, as connectors and the routes of certain identified in Boeing Alert Service wire bundles, and installing new or NPRM published in the Federal Register on November 17, 2017 (82 FR Bulletin B787–81205–SB300019–00, modified left and right CAC inlet duct Issue 002, dated April 20, 2018. assemblies. We are issuing this AD to 54302). The NPRM was prompted by reports of failures of the CAC inlet ice Modification of spare parts is not address the unsafe condition on these required by this AD because operators products. protection system (CIPS) inlet lip heater assemblies due to chafing of the CIPS must maintain affected airplanes in the DATES: This AD is effective September inlet lip heater wire harness against required configuration. The FAA is not 19, 2018. adjacent structures. The NPRM mandating action on spare parts, but an The Director of the Federal Register proposed to require changing the operator that wants to use those parts approved the incorporation by reference airplane electrical connectors and the and not discard them must do the of a certain publication listed in this AD routes of certain wire bundles, and modification using the component as of September 19, 2018. installing new or modified left and right service information. In addition, the ADDRESSES: For service information CAC inlet duct assemblies. We are existing spare parts cannot be installed identified in this final rule, contact issuing this AD to address any damage after the accomplishment of Boeing Boeing Commercial Airplanes, to the CIPS inlet lip heater wire bundle, Alert Service Bulletin B787–81205– Attention: Contractual & Data Services which could cause an electrical short SB300019–00, Issue 001, dated March (C&DS), 2600 Westminster Blvd., MC and potential loss of functions essential 22, 2017, because the electrical 110–SK57, Seal Beach, CA 90740–5600; for safe flight of the airplane. connectors are different due to the telephone 562–797–1717; internet modifications in the component service https://www.myboeingfleet.com. You Comments information and the airplane service may view this service information at the We gave the public the opportunity to information. We have not changed this FAA, Transport Standards Branch, 2200 participate in developing this final rule. AD in this regard.

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Request To Use the Information Notice revised the service information to • Are consistent with the intent that correct the wiring termination reference was proposed in the NPRM for All Nippon Airways (ANA), Boeing, error; therefore, we have revised addressing the unsafe condition; and and United Airlines (UAL) requested paragraph (g) of this AD to require • Do not add any additional burden that the FAA use Boeing Information accomplishment of the actions in upon the public than was already Notice B787–A–30–00–0019–02A– accordance with Boeing Alert Service proposed in the NPRM. 931E–D, Issue 001, dated December 15, Bulletin B787–81205–SB300019–00, We also determined that these 2017, as a source when referencing Issue 002, dated April 20, 2018. We changes will not increase the economic Boeing Alert Service Bulletin B787– have also added paragraph (h) to this burden on any operator or increase the 81205–SB300019–00, Issue 001, dated scope of this final rule. March 22, 2017. Boeing stated that the AD to give credit for actions completed information notice informs operators of before the effective date of this AD using Related Service Information Under 1 a wire termination reference error that Boeing Alert Service Bulletin B787– CFR Part 51 does not affect system function or 81205–SB300019–00, Issue 001, dated March 22, 2017. In addition, we have We reviewed Boeing Alert Service airplane safety. ANA stated that the Bulletin B787–81205–SB300019–00, correction in the information notice given credit for Boeing Alert Service Bulletin B787–81205–SB300019–00, Issue 002, dated April 20, 2018. This must be incorporated in conjunction service information describes with the incorporation of Boeing Alert Issue 001, dated March 22, 2017, in conjunction with Boeing Information procedures for changing the airplane Service Bulletin B787–81205– electrical connectors and the routes of Notice B787–A–30–00–0019–02A– SB300019–00, Issue 001, dated March certain wire bundles, and installing new 931E–D, Issue 001, dated December 15, 22, 2017. UAL stated that the use of the or modified left and right CAC inlet 2017. We redesignated subsequent information notice would avoid duct assemblies. This service paragraphs accordingly. unnecessary requests for alternative information is reasonably available methods of compliance (AMOC). Conclusion because the interested parties have We agree with the commenters. We access to it through their normal course agree that the information notice We reviewed the relevant data, of business or by the means identified corrects a wiring termination reference considered the comments received, and in the ADDRESSES section. error for certain configurations to make determined that air safety and the it consistent with the 787 Wiring public interest require adopting this Costs of Compliance Diagram Manual and that accomplishing final rule with the changes described We estimate that this AD affects 66 the service information with the wiring previously and minor editorial changes. airplanes of U.S. registry. We estimate error does not affect system function or We have determined that these minor the following costs to comply with this airplane safety. The manufacturer has changes: AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Change and installation ...... 20 work-hours × $85 per hour = $1,700 ...... $32,937 $34,637 $2,286,042

According to the manufacturer, all of safety in air commerce. This regulation government and the States, or on the the costs of this AD may be covered is within the scope of that authority distribution of power and under warranty, thereby reducing the because it addresses an unsafe condition responsibilities among the various cost impact on affected individuals. We that is likely to exist or develop on levels of government. do not control warranty coverage for products identified in this rulemaking For the reasons discussed above, I affected individuals. As a result, we action. certify that this AD: have included all costs in our cost This AD is issued in accordance with (1) Is not a ‘‘significant regulatory estimate. authority delegated by the Executive action’’ under Executive Order 12866, Director, Aircraft Certification Service, (2) Is not a ‘‘significant rule’’ under Authority for This Rulemaking as authorized by FAA Order 8000.51C. DOT Regulatory Policies and Procedures Title 49 of the United States Code In accordance with that order, issuance (44 FR 11034, February 26, 1979), specifies the FAA’s authority to issue of ADs is normally a function of the (3) Will not affect intrastate aviation rules on aviation safety. Subtitle I, Compliance and Airworthiness in Alaska, and section 106, describes the authority of Division, but during this transition (4) Will not have a significant the FAA Administrator. Subtitle VII: period, the Executive Director has economic impact, positive or negative, Aviation Programs, describes in more delegated the authority to issue ADs on a substantial number of small entities detail the scope of the Agency’s applicable to transport category under the criteria of the Regulatory authority. airplanes and associated appliances to Flexibility Act. We are issuing this rulemaking under the Director of the System Oversight the authority described in Subtitle VII, Division. List of Subjects in 14 CFR Part 39 Part A, Subpart III, Section 44701: Air transportation, Aircraft, Aviation Regulatory Findings ‘‘General requirements.’’ Under that safety, Incorporation by reference, section, Congress charges the FAA with This AD will not have federalism Safety. promoting safe flight of civil aircraft in implications under Executive Order air commerce by prescribing regulations 13132. This AD will not have a Adoption of the Amendment for practices, methods, and procedures substantial direct effect on the States, on Accordingly, under the authority the Administrator finds necessary for the relationship between the national delegated to me by the Administrator,

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the FAA amends 14 CFR part 39 as Service Bulletin B787–81205–SB300019–00, (i) Boeing Alert Service Bulletin B787– follows: Issue 001, dated March 22, 2017, in 81205–SB300019–00, Issue 002, dated April conjunction with Boeing Information Notice 20, 2018. PART 39—AIRWORTHINESS B787–A–30–00–0019–02A–931E–D, Issue (ii) Reserved. DIRECTIVES 001, dated December 15, 2017. (3) For Boeing service information identified in this AD, contact Boeing (i) Alternative Methods of Compliance Commercial Airplanes, Attention: ■ 1. The authority citation for part 39 (AMOCs) continues to read as follows: Contractual & Data Services (C&DS), 2600 (1) The Manager, Seattle ACO Branch, Westminster Blvd., MC 110–SK57, Seal Authority: 49 U.S.C. 106(g), 40113, 44701. FAA, has the authority to approve AMOCs Beach, CA 90740–5600; telephone 562–797– for this AD, if requested using the procedures 1717; internet https://www.myboeingfleet. § 39.13 [Amended] found in 14 CFR 39.19. In accordance with com. ■ 2. The FAA amends § 39.13 by adding 14 CFR 39.19, send your request to your (4) You may view this service information the following new airworthiness principal inspector or local Flight Standards at the FAA, Transport Standards Branch, District Office, as appropriate. If sending directive (AD): 2200 South 216th St., Des Moines, WA. For information directly to the manager of the information on the availability of this 2018–17–03 The Boeing Company: certification office, send it to the attention of material at the FAA, call 206–231–3195. Amendment 39–19357; Docket No. the person identified in paragraph (j) of this (5) You may view this service information FAA–2017–1022; Product Identifier AD. Information may be emailed to: 9-ANM- that is incorporated by reference at the 2017–NM–098–AD. [email protected]. National Archives and Records (2) Before using any approved AMOC, Administration (NARA). For information on (a) Effective Date notify your appropriate principal inspector, the availability of this material at NARA, call This AD is effective September 19, 2018. or lacking a principal inspector, the manager 202–741–6030, or go to: http://www.archives. of the local flight standards district office/ gov/federal-register/cfr/ibr-locations.html. (b) Affected ADs certificate holding district office. None. (3) An AMOC that provides an acceptable Issued in Des Moines, Washington, on level of safety may be used for any repair, August 5, 2018. (c) Applicability modification, or alteration required by this Michael Kaszycki, This AD applies to The Boeing Company AD if it is approved by the Boeing Acting Director, System Oversight Division, Model 787–8 and 787–9 airplanes, Commercial Airplanes Organization Aircraft Certification Service. certificated in any category, as identified in Designation Authorization (ODA) that has [FR Doc. 2018–17481 Filed 8–14–18; 8:45 am] Boeing Alert Service Bulletin B787–81205– been authorized by the Manager, Seattle ACO SB300019–00, Issue 002, dated April 20, Branch, to make those findings. To be BILLING CODE 4910–13–P 2018. approved, the repair method, modification deviation, or alteration deviation must meet (d) Subject the certification basis of the airplane, and the DEPARTMENT OF TRANSPORTATION Air Transport Association (ATA) of approval must specifically refer to this AD. America Code 30, Ice/Rain protection system (4) For service information that contains Federal Aviation Administration wiring. steps that are labeled as RC, the provisions (e) Unsafe Condition of paragraphs (i)(4)(i) and (i)(4)(ii) of this AD 14 CFR Part 39 apply. This AD was prompted by reports of (i) The steps labeled as RC, including [Docket No. FAA–2018–0028; Product failures of the Cabin Air Compressor (CAC) substeps under an RC step and any figures Identifier 2017–NM–143–AD; Amendment inlet ice protection system (CIPS) inlet lip identified in an RC step, must be done to 39–19356; AD 2018–17–02] heater assemblies due to chafing of the CIPS comply with the AD. If a step or substep is RIN 2120–AA64 inlet lip heater wire harness against adjacent labeled ‘‘RC Exempt,’’ then the RC structures. We are issuing this AD to address requirement is removed from that step or Airworthiness Directives; Bombardier, any damage to the CIPS inlet lip heater wire substep. An AMOC is required for any Inc., Airplanes bundle, which could cause an electrical short deviations to RC steps, including substeps and potential loss of functions essential for and identified figures. AGENCY: Federal Aviation safe flight of the airplane. (ii) Steps not labeled as RC may be Administration (FAA), Department of (f) Compliance deviated from using accepted methods in Transportation (DOT). accordance with the operator’s maintenance Comply with this AD within the or inspection program without obtaining ACTION: Final rule. compliance times specified, unless already approval of an AMOC, provided the RC steps, SUMMARY: We are adopting a new done. including substeps and identified figures, can airworthiness directive (AD) for certain (g) Required Actions still be done as specified, and the airplane can be put back in an airworthy condition. Bombardier, Inc., Model CL–600–1A11 Within 36 months after the effective date (600), CL–600–2A12 (601), and CL–600– of this AD, do all applicable actions (j) Related Information 2B16 (601–3A, 601–3R, and 604 identified as ‘‘RC’’ (required for compliance) For more information about this AD, Variants) airplanes. This AD was in, and in accordance with, the contact Joe Salemeh, Aerospace Engineer, prompted by a determination that the Accomplishment Instructions of Boeing Alert Systems and Equipment Section, FAA, safe life limits of the horizontal Service Bulletin B787–81205–SB300019–00, Seattle ACO Branch, 2200 South 216th Issue 002, dated April 20, 2018. Street, Des Moines, WA 98198; phone and stabilizer trim actuator (HSTA) fax: 206–231–3536; email: joe.salameh@ attachment pins and trunnions were not (h) Credit for Previous Actions faa.gov. listed in certain airworthiness (1) This paragraph provides credit for the limitations (AWLs) and that the HSTA actions specified in paragraph (g) of this AD, (k) Material Incorporated by Reference attachment pins and trunnions were not if those actions were performed before the (1) The Director of the Federal Register serialized. This AD requires revision of effective date of this AD using Boeing Alert approved the incorporation by reference the maintenance or inspection program, Service Bulletin B787–81205–SB300019–00, (IBR) of the service information listed in this Issue 001, dated March 22, 2017. paragraph under 5 U.S.C. 552(a) and 1 CFR as applicable, to include the latest (2) This paragraph provides credit for the part 51. revision of the AWLs, serialization of actions specified in paragraph (g) of this AD, (2) You must use this service information the HSTA attachment pins and if those actions were performed before the as applicable to do the actions required by trunnions, and repair or replacement of effective date of this AD using Boeing Alert this AD, unless the AD specifies otherwise. damaged HSTA attachment pins and

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trunnions. We are issuing this AD to Register on February 8, 2018 (83 FR Request To Allow Using Later address the unsafe condition on these 5587) (‘‘the NPRM’’). The NPRM was Revisions of the Service Information products. prompted by a determination that the NetJets requested that paragraph (h) of DATES: This AD is effective September safe life limits of the HSTA attachment the proposed AD be revised to specify 19, 2018. pins and trunnions were not listed in the latest time limits/maintenance The Director of the Federal Register certain AWLs and that the HSTA checks (TLMC) revisions. NetJets noted approved the incorporation by reference attachment pins and trunnions were not that some of the TLMC documents of certain publications listed in this AD serialized. The NPRM proposed to referenced in the proposed AD have as of September 19, 2018. require revision of the maintenance or been revised. NetJets also requested that ADDRESSES: For service information inspection program, as applicable, to we revise the proposed AD so that identified in this final rule, contact include the latest revision of the AWLs, operators can use later approved Bombardier, Inc., 400 Coˆte-Vertu Road serialization of the HSTA attachment revisions of the TLMC documents to West, Dorval, Que´bec H4S 1Y9, Canada; pins and trunnions, and repair or show compliance without requesting an Widebody Customer Response Center replacement of damaged HSTA alternative method of compliance North America toll-free telephone 1– attachment pins and trunnions. We are (AMOC). 866–538–1247 or direct-dial telephone issuing this AD to address failure of the We partially agree with the 1–514–855–2999; fax 514–855–7401; HSTA attachment pins and trunnions, commenter’s request. In this email [email protected]; which could lead to a disconnect of the circumstance, the specific tasks required internet http://www.bombardier.com. horizontal stabilizer and subsequent by this AD have not changed in the You may view this referenced service loss of the airplane. latest available service information from information at the FAA, Transport Transport Canada Civil Aviation the earlier revisions of the service Standards Branch, 2200 South 216th St., (TCCA), which is the aviation authority information specified in the NPRM. We Des Moines, WA. For information on the for Canada, has issued Canadian AD have therefore revised this AD to refer availability of this material at the FAA, CF–2017–24, dated July 12, 2017 to the latest available service call 206–231–3195. It is also available (referred to after this as the Mandatory information and revised paragraph (k) of on the internet at http:// Continuing Airworthiness Information, this AD to provide credit for actions www.regulations.gov by searching for or ‘‘the MCAI’’), to correct an unsafe done using earlier revisions of certain and locating Docket No. FAA–2018– condition for certain Bombardier, Inc., service information. However, we may 0028. Model CL–600–1A11 (600), CL–600– not refer to any document that does not Examining the AD Docket 2A12 (601), and CL–600–2B16 (601–3A, yet exist. In general terms, we are 601–3R, and 604 Variants) airplanes. required by Office of the Federal You may examine the AD docket on The MCAI states: Register (OFR) regulations to either the internet at http:// During a review of the Horizontal publish the service document contents www.regulations.gov by searching for as part of the actual AD language; or and locating Docket No. FAA–2018– Stabilizer Trim Actuator (HSTA) system, it was discovered that the safe life limits of the submit the service document to the OFR 0028; or in person at the Docket HSTA attachment pins and trunnions were for approval as ‘‘referenced’’ material, in Management Facility between 9 a.m. not listed in the Airworthiness Limitation which case we may only refer to such and 5 p.m., Monday through Friday, (AWL) Section of the Instructions for material in the text of an AD. The AD except Federal holidays. The AD docket Continued Airworthiness. Also, the HSTA may refer to the service document only contains this AD, the regulatory attachment pins and trunnions were not if the OFR approved it for serialized making it impossible to keep evaluation, any comments received, and ‘‘incorporation by reference.’’ See 1 CFR other information. The street address for accurate records of the life of these parts. Failure of these pins and trunnions could part 51. the Docket Office (telephone 800–647– To allow operators to use later 5527) is Docket Management Facility, lead to a disconnect of the horizontal stabilizer and subsequent loss of the revisions of the referenced document U.S. Department of Transportation, aeroplane. (issued after publication of the AD), Docket Operations, M–30, West This [Canadian] AD mandates the either we must revise the AD to Building Ground Floor, Room W12–140, incorporation of AWL tasks into the reference specific later revisions, or 1200 New Jersey Avenue SE, maintenance schedule and serialization of operators must request approval to use Washington, DC 20590. HSTA attachment pins and trunnions. Some later revisions as an AMOC with this FOR FURTHER INFORMATION CONTACT: Aziz aircraft require AWL tasks and serialization AD under the provisions of paragraph of the attachment pins only, while others Ahmed, Aerospace Engineer, Airframe (m)(1) of this AD. We cannot reference and Mechanical Systems Section, FAA, require AWL tasks and serialization of the trunnions and attachment pins [and repair or a specific revision not yet in existence New York ACO Branch, 1600 Stewart replacement if damaged (including linear so the only option is to request an Avenue, Suite 410, Westbury, NY scratches, pits, spalling, dents, or surface AMOC. 11590; telephone 516–228–7239; fax texture variations)]. 516–794–5531; email 9-avs-nyaco-cos@ Request To Use a Service Bulletin faa.gov. You may examine the MCAI in the Instead of a TLMC SUPPLEMENTARY INFORMATION: AD docket on the internet at http:// Disney Aviation Group requested that www.regulations.gov by searching for the proposed AD be revised to use Discussion and locating Docket No. FAA–2018– actions in a service bulletin instead of We issued a notice of proposed 0028. the TLMC for any required inspections. rulemaking (NPRM) to amend 14 CFR Comments The commenter noted that most part 39 by adding an AD that would operators have an electronic apply to certain Bombardier, Inc., Model We gave the public the opportunity to subscription that automatically gives CL–600–1A11 (600), CL–600–2A12 participate in developing this AD. The them the newest revision of the TLMC (601), and CL–600–2B16 (601–3A, 601– following presents the comments documents. The commenter stated that 3R, and 604 Variants) airplanes. The received on the NPRM and the FAA’s since the TLMCs have been updated NPRM published in the Federal response to each comment. since the draft AD was issued, operators

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will not be able to comply with the AD, documents are distinct since they apply 112, ‘‘Discard of the Horizontal- and will have to request an AMOC. The to different airplane models in different Stabilizer Trim-Actuator (HSTA) Upper commenter noted that service bulletins configurations. and Lower Attachment Pins; Upper Pin are not revised as often as TLMC • Section 5–10–10, ‘‘Time Limits Part No. 600–92384–5/–7 or documents, and when they are updated (Structural),’’ of Section 5–10–00, 601R92310–1/–3 and Lower Pin Part they are not superseded by future ‘‘Airworthiness Limitations,’’ of No. 600–92383–5/–7 or 601R92309–1/– revisions. The commenter pointed out Bombardier Challenger 600 Time 3.’’ that other manufacturers issue service Limits/Maintenance Checks, Publication • Section 5–10–10, ‘‘Life Limits bulletins with similar requirements and No. PSP 605, Revision 39, dated January (Structures),’’ of Bombardier Challenger the related ADs require those service 8, 2018. 605 CL–605 Time Limits/Maintenance • bulletins. Section 5–10–10, ‘‘Time Limits Checks, Part 2 Airworthiness We disagree with the commenter’s (Structural)—Pre SB 601–0280,’’ of Limitations, Revision 18, dated request. As noted previously, we have Section 5–10–00, ‘‘Airworthiness December 4, 2017. This service revised this AD to refer to the latest Limitations,’’ of Bombardier Challenger information describes, among other available TLMC documents. We cannot, 601 Time Limits/Maintenance Checks, tasks: Task 27–42–01–108, ‘‘Discard of however, mandate how a given Publication No. PSP 601–5, Revision 46, the Horizontal-Stabilizer Trim-Actuator manufacturer makes their service dated January 8, 2018. • (HSTA) Trunnion Support; Part No. information available. Since Section 5–10–11, ‘‘Time Limits 601R92386–1/–3;’’ and Task 27–42–01– Bombardier, Inc. has chosen to provide (Structural)—Post SB 601–0280,’’ of 112, ‘‘Discard of the Horizontal- the TLMCs in a separate document, Section 5–10–00, ‘‘Airworthiness Stabilizer Trim-Actuator (HSTA) Upper rather than a service bulletin, that is Limitations,’’ of Bombardier Challenger and Lower Attachment Pins; Upper Pin what operators must use to show 601 Time Limits/Maintenance Checks, Part No. 600–92384–5/–7 or compliance with this AD. We have Publication No. PSP 601–5, Revision 46, 601R92310–1/–3 and Lower Pin Part dated January 8, 2018. therefore not changed this AD in this • No. 600–92383–5/–7 or 601R92309–1/ regard. Section 5–10–12, ‘‘Time Limits –3.’’ (Structural)—Post SB 601–0360,’’ of • Section 5–10–10, ‘‘Life Limits Conclusion Section 5–10–00, ‘‘Airworthiness (Structures),’’ of Bombardier Challenger Limitations,’’ of Bombardier Challenger We reviewed the relevant data, 650 CL–650 Time Limits/Maintenance 601 Time Limits/Maintenance Checks, considered the comments received, and Checks, Part 2 Airworthiness Publication No. PSP 601–5, Revision 46, determined that air safety and the Limitations, Revision 5, dated December dated January 8, 2018. public interest require adopting this AD 4, 2017. This service information • Section 5–10–10, ‘‘Time Limits with the changes described previously describes, among other tasks: Task 27– (Structural),’’ of Section 5–10–00, and minor editorial changes. We have 42–01–108, ‘‘Discard of the Horizontal- ‘‘Airworthiness Limitations,’’ of determined that these minor changes: Stabilizer Trim-Actuator (HSTA) • Bombardier Challenger 601 Time Are consistent with the intent that Trunnion Support; Part No. 601R92386– Limits/Maintenance Checks, Publication was proposed in the NPRM for 1/–3;’’ and Task 27–42–01–112, No. PSP 601A–5, Revision 42, dated correcting the unsafe condition; and ‘‘Discard of the Horizontal-Stabilizer • Do not add any additional burden January 8, 2018. • Section 5–10–11, ‘‘Time Limits Trim-Actuator (HSTA) Upper and upon the public than was already Lower Attachment Pins; Upper Pin Part proposed in the NPRM. (Structural),’’ of Section 5–10–00, ‘‘Airworthiness Limitations,’’ of No. 600–92384–5/–7 or 601R92310–1/– We also determined that these 3 and Lower Pin Part No. 600–92383– changes will not increase the economic Bombardier Challenger 601 Time Limits/Maintenance Checks, Publication 5/–7 or 601R92309–1/–3.’’ burden on any operator or increase the The following service information scope of this AD. No. PSP 601A–5, Revision 42, dated January 8, 2018. describes procedures for identifying Related Service Information Under 1 • Section 5–10–12, ‘‘Time Limits damage to HSTA attachment pins and CFR Part 51 (Structural),’’ of Section 5–10–00, trunnions, and repair or replacement Bombardier has issued the following ‘‘Airworthiness Limitations,’’ of instructions. These documents are service information. Bombardier Challenger 601 Time distinct since they apply to different The following service information Limits/Maintenance Checks, Publication airplane models in different No. PSP 601A–5, Revision 42, dated configurations. describes procedures for serializing the • HSTA attachment pins and trunnions. January 8, 2018. Bombardier Repair Engineering These documents are distinct since they The following service information Order (REO) 600–27–42–002, ‘‘General apply to different airplane models in describes life limits for certain HSTA Repair—HSTA Upper and Lower Pins,’’ different configurations. attachment pins and trunnion supports. dated December 15, 2016. • • Bombardier Service Bulletin 600– These documents are distinct since they Bombardier Repair Engineering 0760, Revision 01, dated April 21, 2017. apply to different airplane models in Order (REO) 604–27–42–011, ‘‘General • Bombardier Service Bulletin 601– different configurations. Repair—HSTA Trunnion P/N 0626, Revision 01, dated April 21, 2017. • Section 5–10–10, ‘‘Life Limits 601R92386–1/–3,’’ dated December 15, • Bombardier Service Bulletin 604– (Structures),’’ of Bombardier Challenger 2016. 27–034, Revision 01, dated April 21, 604 CL–604 Time Limits/Maintenance • Bombardier Repair Engineering 2017. Checks, Part 2 Airworthiness Order (REO) 604–27–42–012, ‘‘General • Bombardier Service Bulletin 605– Limitations, Revision 30, dated Repair—HSTA Upper and Lower Pins,’’ 27–005, Revision 01, dated April 21, December 4, 2017. This service dated December 15, 2016. 2017. information describes, among other This service information is reasonably The following service information tasks: Task 27–42–01–108, ‘‘Discard of available because the interested parties identifies airworthiness limitation tasks the Horizontal-Stabilizer Trim-Actuator have access to it through their normal for revising the life limits for HSTA (HSTA) Trunnion Support; Part No. course of business or by the means attachment pins and trunnions. These 601R92386–1/–3;’’ and Task 27–42–01– identified in the ADDRESSES section.

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Costs of Compliance the following costs to comply with this We estimate that this AD affects 137 AD: airplanes of U.S. registry. We estimate

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Serialization ...... Up to 20 work-hours × $85 per hour = Up to $1,700 ...... $449 Up to $2,149 .... Up to $294,413.

We have determined that revising the airplanes to the Director of the System (b) Affected ADs maintenance or inspection program Oversight Division. None. takes an average of 90 work-hours per Regulatory Findings (c) Applicability operator, although we recognize that this number may vary from operator to We determined that this AD will not This AD applies to the Bombardier, Inc., operator. In the past, we have estimated have federalism implications under airplanes identified in paragraphs (c)(1) through (c)(4) of this AD, certificated in any that this action takes 1 work-hour per Executive Order 13132. This AD will category. airplane. Since operators incorporate not have a substantial direct effect on (1) Model CL–600–1A11 (600) airplanes, maintenance or inspection program the States, on the relationship between serial numbers 1002 and 1004 through 1085 changes for their affected fleet(s), we the national government and the States, inclusive. have determined that a per-operator or on the distribution of power and (2) Model CL–600–2A12 (601) airplanes, estimate is more accurate than a per- responsibilities among the various serial numbers 3001 through 3066 inclusive. airplane estimate. Therefore, we levels of government. (3) Model CL–600–2B16 (601–3A and 601– 3R Variants) airplanes, serial numbers 5001 estimate the total cost per operator to be For the reasons discussed above, I × through 5194 inclusive. $7,650 (90 work-hours $85 per work- certify that this AD: (4) Model CL–600–2B16 (604 Variant) hour). 1. Is not a ‘‘significant regulatory airplanes, serial numbers 5301 through 5665 We have received no definitive data action’’ under Executive Order 12866, inclusive, 5701 through 5990 inclusive, and that would enable us to provide cost 2. Is not a ‘‘significant rule’’ under the 6050 and subsequent. estimates for the on-condition actions DOT Regulatory Policies and Procedures (d) Subject specified in this AD. (44 FR 11034, February 26, 1979), Air Transport Association (ATA) of Authority for This Rulemaking 3. Will not affect intrastate aviation in America Code 27, Flight controls. Alaska, and (e) Reason Title 49 of the United States Code 4. Will not have a significant specifies the FAA’s authority to issue economic impact, positive or negative, This AD was prompted by a determination that the safe life limits of the horizontal rules on aviation safety. Subtitle I, on a substantial number of small entities section 106, describes the authority of stabilizer trim actuator (HSTA) attachment under the criteria of the Regulatory pins and trunnions were not listed in certain the FAA Administrator. Subtitle VII: Flexibility Act. Aviation Programs, describes in more airworthiness limitations (AWLs) and that List of Subjects in 14 CFR Part 39 the HSTA attachment pins and trunnions detail the scope of the Agency’s were not serialized. We are issuing this AD authority. Air transportation, Aircraft, Aviation to prevent failure of the HSTA attachment We are issuing this rulemaking under safety, Incorporation by reference, pins and trunnions, which could lead to a the authority described in Subtitle VII, Safety. disconnect of the horizontal stabilizer and Part A, Subpart III, Section 44701: subsequent loss of the airplane. Adoption of the Amendment ‘‘General requirements.’’ Under that (f) Compliance section, Congress charges the FAA with Accordingly, under the authority Comply with this AD within the promoting safe flight of civil aircraft in delegated to me by the Administrator, compliance times specified, unless already air commerce by prescribing regulations the FAA amends 14 CFR part 39 as done. for practices, methods, and procedures follows: the Administrator finds necessary for (g) Maintenance or Inspection Program safety in air commerce. This regulation Revision for Model CL–600–1A11 (600), PART 39—AIRWORTHINESS Model CL–600–2A12 (601), and Model CL– is within the scope of that authority DIRECTIVES 600–2B16 (601–3A and 601–3R Variants) because it addresses an unsafe condition Airplanes that is likely to exist or develop on ■ 1. The authority citation for part 39 For airplanes identified in paragraphs products identified in this rulemaking continues to read as follows: (c)(1), (c)(2), and (c)(3) of this AD: Within 60 action. Authority: 49 U.S.C. 106(g), 40113, 44701. days after the effective date of this AD, revise This AD is issued in accordance with the maintenance or inspection program, as authority delegated by the Executive § 39.13 [Amended] applicable, to incorporate the life limit AWL Director, Aircraft Certification Service, ■ 2. The FAA amends § 39.13 by adding tasks identified in table 1 to paragraph (g) of as authorized by FAA Order 8000.51C. this AD, as specified in the applicable service the following new airworthiness information identified in paragraph (g)(1), In accordance with that order, issuance directive (AD): of ADs is normally a function of the (g)(2), or (g)(3) of this AD. The initial compliance time is within 500 flight cycles Compliance and Airworthiness 2018–17–02 Bombardier, Inc.: Amendment 39–19356; Docket No. FAA–2018–0028; of the effective date of this AD, or at the Division, but during this transition Product Identifier 2017–NM–143–AD. applicable time (in terms of landings) period, the Executive Director has specified in the applicable AWL task delegated the authority to issue ADs (a) Effective Date identified in table 1 to paragraph (g) of this applicable to transport category This AD is effective September 19, 2018. AD, whichever occurs later.

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(1) For Model CL–600–1A11 (600) Challenger 601 Time Limits/Maintenance or (g)(3)(iii) of this AD, as identified in airplanes, Section 5–10–10, ‘‘Time Limits Checks, Publication No. PSP 601–5, Revision Section 5–10–00, ‘‘Airworthiness (Structural),’’ of Section 5–10–00, 46, dated January 8, 2018. Limitations,’’ of Bombardier Challenger 601 ‘‘Airworthiness Limitations,’’ of Bombardier (i) Section 5–10–10, ‘‘Time Limits Time Limits/Maintenance Checks, Challenger 600 Time Limits/Maintenance (Structural)—Pre SB 601¥0280.’’ Publication No. PSP 601A–5, Revision 42, Checks, Publication No. PSP 605, Revision (ii) Section 5–10–11, ‘‘Time Limits dated January 8, 2018. 39, dated January 8, 2018. (Structural)—Post SB 601¥0280.’’ (i) Section 5–10–10, ‘‘Time Limits (2) For Model CL–600–2A12 (601) (iii) Section 5–10–12, ‘‘Time Limits (Structural).’’ airplanes, the applicable task specified in (Structural)—Post SB 601¥0360.’’ (ii) Section 5–10–11, ‘‘Time Limits paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of (3) For Model CL–600–2B16 (601–3A and (Structural).’’ this AD, as identified in Section 5–10–00, 601–3R Variants) airplanes, the applicable (iii) Section 5–10–12, ‘‘Time Limits ‘‘Airworthiness Limitations,’’ of Bombardier task specified in paragraph (g)(3)(i), (g)(3)(ii), (Structural).’’

(h) Maintenance or Inspection Program 10, ‘‘Life Limits (Structures),’’ of Bombardier paragraph (i)(1), (i)(2), or (i)(3) of this AD; or Revision for Model CL–600–2B16 (604 Challenger 605 CL–605 Time Limits/ using a method approved by the Manager, Variant) Airplanes Maintenance Checks, Part 2 Airworthiness New York ACO Branch, FAA; or Transport For airplanes identified in paragraph (c)(4) Limitations, Revision 18, dated December 4, Canada Civil Aviation (TCCA); or of this AD: Within 60 days after the effective 2017. Bombardier, Inc.’s TCCA Design Approval date of this AD, revise the maintenance or (3) For airplanes having serial numbers Organization (DAO). If approved by the DAO, inspection program, as applicable, to 6050 and subsequent: Section 5–10–10, ‘‘Life the approval must include the DAO- Limits (Structures),’’ of Bombardier incorporate new life limit AWL Task 27–42– authorized signature. If the damaged HSTA Challenger 650 CL–650 Time Limits/ 01–108, ‘‘Discard of the Horizontal-Stabilizer trunnion or attachment pin cannot be Trim-Actuator (HSTA) Trunnion Support; Maintenance Checks, Part 2 Airworthiness Limitations, Revision 5, dated December 4, repaired in accordance with the applicable Part No. 601R92386–1/–3,’’ and Task 27–42– service information specified in paragraph 01–112, ‘‘Discard of the Horizontal-Stabilizer 2017. (i)(1), (i)(2), or (i)(3) of this AD: Before further Trim-Actuator (HSTA) Upper and Lower (i) Serialization of HSTA Attachment Pins flight, replace the damaged HSTA trunnion Attachment Pins; Upper Pin Part No. 600– and Trunnions 92384–5/–7 or 601R92310–1/–3 and Lower or attachment pin with a serviceable Pin Part No. 600–92383–5/–7 or 601R92309– For airplanes identified in table 2 to serialized HSTA trunnion or attachment pin, 1/–3,’’ as specified in the applicable time paragraph (i) of this AD: Within 48 months in accordance with the applicable service limits maintenance checks (TLMC) manuals after the effective date of this AD, or prior to information specified in table 2 to paragraph identified in paragraphs (h)(1), (h)(2), and performing a maintenance task required by (i) of this AD. (h)(3) of this AD. The initial compliance time paragraph (g) or (h) of this AD, as applicable, (1) Bombardier Repair Engineering Order is within 500 flight cycles after the effective whichever occurs first, do a general visual (REO) 600–27–42–002, ‘‘General Repair— date of this AD, or at the applicable time inspection for damage (including linear HSTA Upper and Lower Pins,’’ dated scratches, pits, spalling, dents, or surface specified in the applicable AWL task, December 15, 2016. texture variations), and add serial numbers to whichever occurs later. (2) Bombardier Repair Engineering Order the HSTA trunnions, lower attachment pin, (1) For airplanes having serial numbers (REO) 604–27–42–011, ‘‘General Repair— 5301 through 5665 inclusive: Section 5–10– and upper attachment pin, as applicable, in HSTA Trunnion P/N 601R92386–1/–3,’’ 10, ‘‘Life Limits (Structures),’’ of Bombardier accordance with the Accomplishment Challenger 604 CL–604 Time Limits/ Instructions of the applicable service dated December 15, 2016. Maintenance Checks, Part 2 Airworthiness information specified in table 2 to paragraph (3) Bombardier Repair Engineering Order Limitations, Revision 30, dated December 4, (i) of this AD. If any damage to the HSTA (REO) 604–27–42–012, ‘‘General Repair— 2017. trunnions or attachment pins is found, repair HSTA Upper and Lower Pins,’’ dated (2) For airplanes having serial numbers the damage in accordance with the December 15, 2016. 5701 through 5990 inclusive: Section 5–10– applicable service information specified in BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C 5–10–00, ‘‘Airworthiness Limitations,’’ of (k)(2)(ii), or (k)(2)(iii) of this AD, as (j) No Alternative Actions or Intervals Bombardier Challenger 601 Time Limits/ applicable. Maintenance Checks, Publication No. PSP (i) Section 5–10–10, ‘‘Life Limits After the maintenance or inspection 601–5, Revision 45, dated March 28, 2017. program has been revised as required by (Structures),’’ of Bombardier Challenger 604 (iv) Section 5–10–12, ‘‘Time Limits paragraph (g) or (h) of this AD, no alternative CL–604 Time Limits/Maintenance Checks, actions (e.g., inspections) or intervals may be (Structural)—Post SB 601–0360,’’ of Section Part 2 Airworthiness Limitations, Revision used unless the actions or intervals are 5–10–00, ‘‘Airworthiness Limitations,’’ of 29, dated June 16, 2017. approved as an alternative method of Bombardier Challenger 601 Time Limits/ (ii) Section 5–10–10, ‘‘Life Limits compliance (AMOC) in accordance with the Maintenance Checks, Publication No. PSP (Structures),’’ of Bombardier Challenger 605 procedures specified in paragraph (m)(1) of 601–5, Revision 45, dated March 28, 2017. CL–605 Time Limits/Maintenance Checks, this AD. (v) Section 5–10–10, ‘‘Time Limits Part 2 Airworthiness Limitations, Revision (Structural),’’ of Section 5–10–00, (k) Credit for Previous Actions 17, dated June 16, 2017. ‘‘Airworthiness Limitations,’’ of Bombardier (iii) Section 5–10–10, ‘‘Life Limits (1) This paragraph provides credit for Challenger 601 Time Limits/Maintenance (Structures),’’ of Bombardier Challenger 650 actions required by paragraph (g) of this AD, Checks, Publication No. PSP 601A–5, CL–650 Time Limits/Maintenance Checks, if those actions were performed before the Revision 41, dated March 28, 2017. Part 2 Airworthiness Limitations, Revision 4, effective date of this AD using the service (vi) Section 5–10–11, ‘‘Time Limits dated June 16, 2017. information specified in paragraph (k)(1)(i), (Structural),’’ of Section 5–10–00, (3) This paragraph provides credit for (k)(1)(ii), or (k)(1)(iii) of this AD, as ‘‘Airworthiness Limitations,’’ of Bombardier applicable. Challenger 601 Time Limits/Maintenance actions required by paragraph (i) of this AD, (i) Section 5–10–10, ‘‘Time Limits Checks, Publication No. PSP 601A–5, if those actions were performed before the (Structural),’’ of Section 5–10–00, Revision 41, dated March 28, 2017. effective date of this AD using the service ‘‘Airworthiness Limitations,’’ of Bombardier information specified in paragraph (k)(3)(i), Challenger 600 Time Limits/Maintenance (vii) Section 5–10–12, ‘‘Time Limits (Structural),’’ of Section 5–10–00, (k)(3)(ii), (k)(3)(iii), or (k)(3)(iv) of this AD, as Checks, Publication No. PSP 605, Revision applicable. 38, dated March 28, 2017. ‘‘Airworthiness Limitations,’’ of Bombardier (i) Bombardier Service Bulletin 600–0760, (ii) Section 5–10–10, ‘‘Time Limits Challenger 601 Time Limits/Maintenance dated February 25, 2013. (Structural)—Pre SB 601–0280,’’ of Section Checks, Publication No. PSP 601A–5, 5–10–00, ‘‘Airworthiness Limitations,’’ of Revision 41, dated March 28, 2017. (ii) Bombardier Service Bulletin 601–0626, Bombardier Challenger 601 Time Limits/ (2) This paragraph provides credit for dated February 25, 2013. Maintenance Checks, Publication No. PSP actions required by paragraph (h) of this AD, (iii) Bombardier Service Bulletin 604–27– 601–5, Revision 45, dated March 28, 2017. if those actions were performed before the 034, dated February 25, 2013. (iii) Section 5–10–11, ‘‘Time Limits effective date of this AD using the service (iv) Bombardier Service Bulletin 605–27– (Structural)—Post SB 601–0280,’’ of Section information specified in paragraph (k)(2)(i), 005, dated February 25, 2013.

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(l) Parts Installation Limitations (ii) Bombardier Repair Engineering Order Administration (NARA). For information on (1) As of the effective date of this AD, no (REO) 604–27–42–011, ‘‘General Repair— the availability of this material at NARA, call person may install, on any airplane, an HSTA HSTA Trunnion P/N 601R92386–1/–3,’’ 202–741–6030, or go to: http:// attachment pin, unless the pin has a serial dated December 15, 2016. www.archives.gov/federal-register/cfr/ibr- number. (iii) Bombardier Repair Engineering Order locations.html. (REO) 604–27–42–012, ‘‘General Repair— (2) As of the effective date of this AD, no Issued in Des Moines, Washington, on HSTA Upper and Lower Pins,’’ dated person may install, on any Bombardier, Inc., August 5, 2018. Model CL–600–2B16 (604 Variant) airplane December 15, 2016. Michael Kaszycki, with serial number 5301 and subsequent, an (iv) Bombardier Service Bulletin 600–0760, HSTA trunnion, unless the HSTA trunnion Revision 01, dated April 21, 2017. Acting Director, System Oversight Division, has a serial number. (v) Bombardier Service Bulletin 601–0626, Aircraft Certification Service. Revision 01, dated April 21, 2017. [FR Doc. 2018–17483 Filed 8–14–18; 8:45 am] (m) Other FAA AD Provisions (vi) Bombardier Service Bulletin 604–27– BILLING CODE 4910–13–P The following provisions also apply to this 034, Revision 01, dated April 21, 2017. AD: (vii) Bombardier Service Bulletin 605–27– (1) Alternative Methods of Compliance 005, Revision 01, dated April 21, 2017. (AMOCs): The Manager, New York ACO (viii) Section 5–10–10, ‘‘Time Limits SOCIAL SECURITY ADMINISTRATION Branch, FAA, has the authority to approve (Structural),’’ of Section 5–10–00, AMOCs for this AD, if requested using the ‘‘Airworthiness Limitations,’’ of Bombardier 20 CFR Parts 404 and 416 procedures found in 14 CFR 39.19. In Challenger 600 Time Limits/Maintenance accordance with 14 CFR 39.19, send your Checks, Publication No. PSP 605, Revision [Docket No. SSA–2018–0033] request to your principal inspector or local 39, dated January 8, 2018. RIN 0960–AI23 Flight Standards District Office, as (ix) Section 5–10–00, ‘‘Airworthiness appropriate. If sending information directly Limitations,’’ of Bombardier Challenger 601 Making Permanent the Attorney to the manager of the certification office, Time Limits/Maintenance Checks, Advisor Program send it to ATTN: Program Manager, Publication No. PSP 601–5, Revision 46, Continuing Operational Safety, FAA, New dated January 8, 2018. AGENCY: Social Security Administration. York ACO Branch, 1600 Stewart Avenue, (A) Section 5–10–10, ‘‘Time Limits Suite 410, Westbury, NY 11590; telephone (Structural)—Pre SB 601–0280.’’ ACTION: Final rule. 516–228–7300; fax 516–794–5531. Before (B) Section 5–10–11, ‘‘Time Limits using any approved AMOC, notify your (Structural)—Post SB 601–0280.’’ SUMMARY: We are making permanent the appropriate principal inspector, or lacking a (C) Section 5–10–12, ‘‘Time Limits attorney advisor program, which has principal inspector, the manager of the local (Structural)—Post SB 601–0360.’’ proved to be an integral tool in flight standards district office/certificate (x) Section 5–10–00, ‘‘Airworthiness providing timely decisions to the public holding district office. Limitations,’’ of Bombardier Challenger 601 while maximizing the use of our (2) Contacting the Manufacturer: For any Time Limits/Maintenance Checks, administrative law judges (ALJs). The requirement in this AD to obtain corrective Publication No. PSP 601A–5, Revision 42, attorney advisor initiative permits some actions from a manufacturer, the action must dated January 8, 2018. be accomplished using a method approved attorney advisors to develop claims, (A) Section 5–10–10, ‘‘Time Limits including holding prehearing by the Manager, New York ACO Branch, (Structural).’’ FAA; or TCCA; or Bombardier, Inc.’s TCCA (B) Section 5–10–11, ‘‘Time Limits conferences, and, in cases in which the DAO. If approved by the DAO, the approval (Structural).’’ documentary record clearly establishes must include the DAO-authorized signature. (C) Section 5–10–12, ‘‘Time Limits that a fully favorable decision is (n) Related Information (Structural).’’ warranted, issue fully favorable (xi) Section 5–10–10, ‘‘Life Limits (1) Refer to Mandatory Continuing decisions before a hearing is conducted. (Structures),’’ of Bombardier Challenger 604 Airworthiness Information (MCAI) Canadian We expect that by making the attorney AD CF–2017–24, dated July 12, 2017, for CL–604 Time Limits/Maintenance Checks, advisor program permanent, we will be related information. This MCAI may be Part 2 Airworthiness Limitations, Revision able to continue to reduce the number found in the AD docket on the internet at 30, dated December 4, 2017. of pending claims at the hearing level of (xii) Section 5–10–10, ‘‘Life Limits http://www.regulations.gov by searching for our administrative review process and and locating Docket No. FAA–2018–0028. (Structures),’’ of Bombardier Challenger 605 CL–605 Time Limits/Maintenance Checks, provide more timely service to (2) For more information about this AD, claimants. contact Aziz Ahmed, Aerospace Engineer, Part 2 Airworthiness Limitations, Revision Airframe and Mechanical Systems Section, 18, dated December 4, 2017. DATES: This final rule is effective August FAA, New York ACO Branch, 1600 Stewart (xiii) Section 5–10–10, ‘‘Life Limits 15, 2018. Avenue, Suite 410, Westbury, NY 11590; (Structures),’’ of Bombardier Challenger 650 FOR FURTHER INFORMATION CONTACT: telephone 516–228–7239; fax 516–794–5531; CL–650 Time Limits/Maintenance Checks, email [email protected]. Part 2 Airworthiness Limitations, Revision 5, Susan Swansiger, Office of Hearings (3) Service information identified in this dated December 4, 2017. Operations, Social Security AD that is not incorporated by reference is (3) For service information identified in Administration, 5107 Leesburg Pike, available at the addresses specified in this AD, contact Bombardier, Inc., 400 Coˆte- Falls Church, VA 22041, (703) 605– paragraphs (o)(3) and (o)(4) of this AD. Vertu Road West, Dorval, Que´bec H4S 1Y9, 8500. For information on eligibility or Canada; Widebody Customer Response filing for benefits, call our national toll- (o) Material Incorporated by Reference Center North America toll-free telephone 1– free number, 800–772–1213 or TTY (1) The Director of the Federal Register 866–538–1247 or direct-dial telephone 1– approved the incorporation by reference 514–855–2999; fax 514–855–7401; email 800–325–0778, or visit our internet site, (IBR) of the service information listed in this [email protected]; internet http:// Social Security Online, at http:// paragraph under 5 U.S.C. 552(a) and 1 CFR www.bombardier.com. www.socialsecurity.gov. (4) You may view this service information part 51. SUPPLEMENTARY INFORMATION: (2) You must use this service information at the FAA, Transport Standards Branch, as applicable to do the actions required by 2200 South 216th St., Des Moines, WA. For Background of the Attorney Advisor this AD, unless this AD specifies otherwise. information on the availability of this Program (i) Bombardier Repair Engineering Order material at the FAA, call 206–231–3195. (REO) 600–27–42–002, ‘‘General Repair— (5) You may view this service information Under the attorney advisor program, HSTA Upper and Lower Pins,’’ dated that is incorporated by reference at the certain attorney advisors may develop December 15, 2016. National Archives and Records claims and, in appropriate cases, issue

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fully favorable decisions before a decided to make the attorney advisor opportunity for public comment before hearing. rule permanent. issuing a final rule. The APA provides We first created the attorney advisor exceptions to its notice and public Time Savings and Other Benefits of program in 1995 through notice and comment procedures when an agency Making the Program Permanent comment rulemaking for a limited finds there is good cause for dispensing period of two years.1 The program’s Under the attorney advisor program, with such procedures because they are success prompted us to renew it several attorney advisors conduct certain impracticable, unnecessary, or contrary times until it expired in April 2001.2 On prehearing proceedings and, when the to the public interest. August 9, 2007, we published an record clearly establishes that a fully We find that there is good cause interim final rule that reinstituted the favorable decision is warranted, may under 5 U.S.C. 553(b)(B) to issue this attorney advisor program in order to issue a fully favorable decision before regulatory change as a final rule without provide more timely service to the an ALJ holds a hearing. Thus, the prior public comment. We find that increasing number of applicants for attorney advisor program allows us to prior public comment is unnecessary Social Security disability benefits and issue fully favorable decisions more because this final rule merely removes Supplemental Security Income quickly in appropriate cases, which, in the sunset provision of 20 CFR 404.942 payments based on disability.3 We turn, allows claimants to receive and 416.1442 and does not make any considered the public comments we disability benefits under title II or substantive changes to the attorney received on the interim final rule, and disability payments under title XVI advisor program. Importantly, we on March 3, 2008, we issued a final rule months, or perhaps even a year, earlier developed the attorney advisor program without change.4 than if they had to wait for a hearing through notice and comment As before, we intended the attorney before an ALJ. As well, since attorney rulemaking in 1995, and we requested advisor program to be a temporary advisors may issue fully favorable public comments again when we modification to our procedures, but decisions in cases that would otherwise reinstituted the program, without with the potential to become a require an ALJ to hold a hearing and change, in 2007. We received only three permanent program. Therefore, we issue a decision, the program allows public comments in response to our included in sections 404.942(g) and ALJs to spend their time adjudicating 2007 interim final rule, and two of them 416.1442(g) of the interim final rule a more complex cases. supported the rule. The current rules provision that the program would end As an added benefit of the program, expressly provide that we may extend on August 10, 2009, unless we decided even if an attorney advisor cannot issue the program beyond the current to either terminate the rule earlier or a fully favorable decision after expiration date by notice of a final rule extend it beyond that date by conducting prehearing proceedings, the in the Federal Register. Accordingly, in publication of a final rule in the Federal summary the attorney advisor drafts light of the technical nature of the rule, Register. Since that time, we have during his or her review can be valuable and because we requested and periodically extended the sunset date.5 to the ALJ, helping to expedite the addressed public comments on the The current sunset date for the program hearing process. Moreover, prehearing attorney advisor program on two prior is August 2, 2019.6 proceedings by an attorney advisor do occasions, we find there is good cause We explained in the 2008 final rule not delay the scheduling of a hearing to issue this final rule without prior that the number of requests for hearings unless a fully favorable decision is in public comment. had increased significantly in recent process. Thus, if the attorney advisor is In addition, because we are not years. From 2008 to the present, the unable to issue a fully favorable making any substantive changes to the number of pending hearing requests has decision after conducting prehearing attorney advisor program, we find that continued to remain high, and we proceedings, the case returns to its there is good cause for dispensing with anticipate that we will receive several original place in line and continues the 30-day delay in the effective date of hundred thousand hearing requests in under our standard hearing process, a substantive rule provided by 5 U.S.C. fiscal year 2018 and in fiscal year 2019.7 with no delays caused by the attorney 553(d)(3). To ensure that we have To preserve the maximum degree of advisor’s review. For these reasons, uninterrupted authority to use attorney flexibility and manage our hearings- making the attorney advisor program advisors to address the number of level workloads effectively, we have permanent benefits claimants by giving pending cases at the hearing level, we them a chance to receive a fully find that it is in the public interest to 1 60 FR 34126 (June 30, 1995). favorable decision more quickly and by make this final rule effective on the date 2 62 FR 35073 (extending expiration date to June expediting the overall hearings process, of publication. 30, 1998); 63 FR 35515 (extending expiration date and it benefits ALJs and their support to April 1, 1999); 64 FR 13677 (extending expiration staff by allowing them to receive helpful Executive Order 12866 as date to April 1, 2000), 64 FR 51892 (extending Supplemented by Executive Order expiration date to April 2, 2001). case summaries from attorney advisors 3 72 FR 44763. who assist with developing the record 13563 4 73 FR 11349. in cases that are selected for prehearing We consulted with the Office of 5 74 FR 33327 (extending the expiration date to proceedings but that still require a Management and Budget (OMB) and August 10, 2011); 76 FR 18383 (extending the hearing before an ALJ. expiration date to August 9, 2013); 78 FR 45459 determined that this final rule meets the (extending the expiration date to August 7, 2015); Regulatory Procedures requirements for a significant regulatory 80 FR 31990 (extending the expiration date to action under Executive Order (E.O.) August 4, 2017); 82 FR 34400 (extending the Justification for Issuing a Final Rule 12866, as supplemented by E.O. 13563. expiration date to February 5, 2018); and 83 FR 711 Without Notice and Comment (extending the expiration date to August 3, 2018). Therefore, OMB has reviewed this final 6 83 FR 28992 (extending the expiration date to We follow the Administrative rule. August 2, 2019). Procedure Act (APA) rulemaking Executive Order 13771 7 Our budget estimates indicate that we expect to procedures specified in 5 U.S.C. 553 receive approximately 582,000 hearing requests in This rule is not subject to the fiscal year 2018 and 578,000 in fiscal year 2019 when we develop regulations. (available at: https://www.ssa.gov/budget/ Generally, the APA requires that an requirements of Executive Order 13771 FY19Files/2019CJ.pdf). agency provide prior notice and because it is administrative in nature

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and results in no more than de minimis PART 416—SUPPLEMENTAL PBGC uses the interest assumptions in costs. SECURITY INCOME FOR THE AGED, appendix B to part 4022 to determine whether a benefit is payable as a lump Regulatory Flexibility Act BLIND, AND DISABLED sum and to determine the amount to We certify that this final rule will not Subpart N—[Amended] pay. Appendix C to part 4022 contains have a significant economic impact on interest assumptions for private-sector a substantial number of small entities ■ 3. The authority citation for subpart N pension practitioners to refer to if they because it affects individuals only. continues to read as follows: wish to use lump-sum interest rates Therefore, the Regulatory Flexibility Authority: Secs. 702(a)(5), 1631, and 1633 determined using PBGC’s historical Act, as amended, does not require us to of the Social Security Act (42 U.S.C. methodology. Currently, the rates in prepare a regulatory flexibility analysis. 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. appendices B and C of the benefit 108–203, 118 Stat. 509 (42 U.S.C. 902 note). payment regulation are the same. Paperwork Reduction Act § 416.1442 [Amended] The interest assumptions are intended These rules do not create any new or to reflect current conditions in the affect any existing collections and, ■ 4. In § 416.1442, remove paragraph financial and annuity markets. therefore, do not require Office of (g). Assumptions under the benefit Management and Budget approval [FR Doc. 2018–17547 Filed 8–14–18; 8:45 am] payments regulation are updated under the Paperwork Reduction Act. BILLING CODE 4191–02–P monthly. This final rule updates the (Catalog of Federal Domestic Assistance benefit payments interest assumptions 1 Program Nos. 96.001, Social Security— for September 2018. Disability Insurance; 96.002, Social PENSION BENEFIT GUARANTY The September 2018 interest Security—Retirement Insurance; 96.004, CORPORATION assumptions under the benefit payments Social Security—Survivors Insurance; regulation will be 1.25 percent for the 96.006, Supplemental Security Income.) 29 CFR Part 4022 period during which a benefit is in pay List of Subjects status and 4.00 percent during any years Benefits Payable in Terminated Single- preceding the benefit’s placement in pay 20 CFR Part 404 Employer Plans; Interest Assumptions status. In comparison with the interest Administrative practice and for Paying Benefits assumptions in effect for August 2018, procedure; Blind; Disability benefits; these assumptions represent no change AGENCY: Pension Benefit Guaranty in the immediate rate and are otherwise Old-age, Survivors and Disability Corporation. Insurance; Reporting and recordkeeping unchanged. ACTION: Final rule. PBGC has determined that notice and requirements; Social security. public comment on this amendment are 20 CFR Part 416 SUMMARY: This final rule amends the impracticable and contrary to the public Pension Benefit Guaranty Corporation’s interest. This finding is based on the Administrative practice and regulation on Benefits Payable in procedure; Reporting and recordkeeping need to determine and issue new Terminated Single-Employer Plans to interest assumptions promptly so that requirements; Supplemental Security prescribe interest assumptions under Income (SSI). the assumptions can reflect current the regulation for valuation dates in market conditions as accurately as September 2018. The interest Nancy A. Berryhill, possible. assumptions are used for paying Acting Commissioner of Social Security. Because of the need to provide benefits under terminating single- immediate guidance for the payment of For the reasons stated in the employer plans covered by the pension benefits under plans with valuation preamble, we are amending subpart J of insurance system administered by dates during September 2018, PBGC part 404 and subpart N of part 416 of PBGC. finds that good cause exists for making Chapter III of title 20 of the Code of DATES: Effective September 1, 2018. the assumptions set forth in this Federal Regulations as set forth below: FOR FURTHER INFORMATION CONTACT: amendment effective less than 30 days after publication. PART 404—FEDERAL OLD–AGE, Hilary Duke ([email protected]), Assistant General Counsel for PBGC has determined that this action SURVIVORS AND DISABILITY is not a ‘‘significant regulatory action’’ INSURANCE Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street under the criteria set forth in Executive (1950– ) NW, Washington, DC 20005, 202–326– Order 12866. 4400 ext. 3839. (TTY users may call the Because no general notice of proposed Subpart J—[Amended] Federal relay service toll-free at 1–800– rulemaking is required for this 877–8339 and ask to be connected to amendment, the Regulatory Flexibility ■ 1. The authority citation for subpart J 202–326–4400, ext. 3839.) Act of 1980 does not apply. See 5 U.S.C. of part 404 continues to read as follows: 601(2). SUPPLEMENTARY INFORMATION: PBGC’s Authority: Secs. 201(j), 204(f), 205(a)–(b), regulation on Benefits Payable in List of Subjects in 29 CFR Part 4022 (d)–(h), and (j), 221, 223(i), 225, and 702(a)(5) Terminated Single-Employer Plans (29 Employee benefit plans, Pension of the Social Security Act (42 U.S.C. 401(j), CFR part 4022) prescribes actuarial 404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i), insurance, Pensions, Reporting and 425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96 assumptions—including interest recordkeeping requirements. Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)– assumptions—for paying plan benefits (e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42 under terminated single-employer plans 1 Appendix B to PBGC’s regulation on Allocation U.S.C. 421 note); sec. 202, Pub. L. 108–203, covered by title IV of the Employee of Assets in Single-Employer Plans (29 CFR part 118 Stat. 509 (42 U.S.C. 902 note). Retirement Income Security Act of 1974. 4044) prescribes interest assumptions for valuing The interest assumptions in the benefits under terminating covered single-employer § 404.942 [Amended] plans for purposes of allocation of assets under regulation are also published on PBGC’s ERISA section 4044. Those assumptions are ■ 2. In § 404.942, remove paragraph (g). website (http://www.pbgc.gov). updated quarterly.

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In consideration of the foregoing, 29 PART 4022—BENEFITS PAYABLE IN ■ 2. In appendix B to part 4022, Rate Set CFR part 4022 is amended as follows: TERMINATED SINGLE-EMPLOYER 299 is added at the end of the table to PLANS read as follows: ■ 1. The authority citation for part 4022 Appendix B to Part 4022—Lump Sum continues to read as follows: Interest Rates For PBGC Payments Authority: 29 U.S.C. 1302, 1322, 1322b, * * * * * 1341(c)(3)(D), and 1344.

For plans with a valuation date Immediate Deferred annuities Rate set annuity rate (percent) On or after Before (percent) i1 i2 i3 n1 n2

******* 299 9–1–18 10–1–18 1.25 4.00 4.00 4.00 7 8

■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 299 is added at the end of the table to Interest Rates For Private-Sector read as follows: Payments * * * * *

For plans with a valuation date Immediate Deferred annuities Rate set annuity rate (percent) On or after Before (percent) i1 i2 i3 n1 n2

******* 299 9–1–18 10–1–18 1.25 4.00 4.00 4.00 7 8

Issued in Washington, DC. ADDRESSES: The docket for this Vessels able to pass through the bridge Hilary Duke, deviation, USCG–2018–0782, is in the closed position may do so at Assistant General Counsel for Regulatory available at http://www.regulations.gov. anytime. The bridge will be able to open Affairs, Pension Benefit Guaranty Type the docket number in the for emergencies and there is no Corporation. ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ immediate alternate route for vessels to [FR Doc. 2018–17351 Filed 8–14–18; 8:45 am] Click on Open Docket Folder on the line pass. The Coast Guard will also inform BILLING CODE 7709–02–P associated with this deviation. the users of the waterway through our FOR FURTHER INFORMATION CONTACT: If Local and Broadcast Notices to Mariners you have questions on this temporary of the change in operating schedule for DEPARTMENT OF HOMELAND deviation, call or email Carl T. Hausner, the bridge so that vessel operators can SECURITY Chief, Bridge Section, Eleventh Coast arrange their transits to minimize any Guard District; telephone 510–437– Coast Guard impact caused by the temporary 3516, email [email protected]. deviation. 33 CFR Part 117 SUPPLEMENTARY INFORMATION: The In accordance with 33 CFR 117.35(e), California Department of Transportation the drawbridge must return to its regular [Docket No. USCG–2018–0782] has requested a temporary change to the operating schedule immediately at the operation of the Tower Drawbridge, end of the effective period of this Drawbridge Operation Regulation; mile 59.0, over Sacramento River, at temporary deviation. This deviation Sacramento River, Sacramento, CA Sacramento, CA. The drawbridge from the operating regulations is navigation span provides a vertical AGENCY: Coast Guard, DHS. authorized under 33 CFR 117.35. ACTION: Notice of deviation from clearance of 30 feet above Mean High drawbridge regulation. Water in the closed-to-navigation Dated: August 9, 2018. position. The draw operates as required Carl T. Hausner, SUMMARY: The Coast Guard has issued a by 33 CFR 117.189(a). Navigation on the District Bridge Chief, Eleventh Coast Guard temporary deviation from the operating waterway is commercial and District. schedule that governs the Tower recreational. [FR Doc. 2018–17522 Filed 8–14–18; 8:45 am] Drawbridge across the Sacramento The drawspan will be secured in the BILLING CODE 9110–04–P River, mile 59.0, at Sacramento, CA. The closed-to-navigation position from 7 deviation is necessary to allow a.m. to 9 p.m. on August 25, 2018, to commercial filming. This deviation allow filming and a photoshoot for allows the bridge to remain in the commercial advertisement. This closed-to-navigation position. temporary deviation has been DATES: This deviation is effective from coordinated with the waterway users. 7 a.m. through 9 p.m. on August 25, No objections to the proposed 2018. temporary deviation were raised.

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DEPARTMENT OF HOMELAND Conference. The fireworks will be requiring entry into this safety zone SECURITY launched from a barge in the must request permission from the COTP Mississippi River at the approximate or a designated representative. They Coast Guard mile marker (MM) 96.2 above Head of may be contacted on VHF–FM Channel Passes, New Orleans, LA. In response, 16 or 67 or by telephone at (504) 365– 33 CFR Part 165 on May 14, 2018, the Coast Guard 2200. Persons and vessels permitted to [Docket Number USCG–2018–0348] published a notice of proposed enter this safety zone must transit at rulemaking (NPRM) titled Safety Zone; their slowest safe speed and comply RIN 1625–AA00 Lower Mississippi River, New Orleans, with all lawful directions issued by the LA (83 FR 22225). There we stated why COTP or a designated representative. Safety Zone; Lower Mississippi River, we issued the NPRM, and invited The COTP or a designated New Orleans, LA comments on our proposed regulatory representative will inform the public of AGENCY: Coast Guard, DHS. action related to this fireworks display. the enforcement times and date for this During the comment period that ended ACTION: Temporary final rule. safety zone through Broadcast Notices to June 13, 2018, we received no Mariners (BNMs), Local Notices to SUMMARY: The Coast Guard is comments. Mariners (LNMs), and/or Marine Safety establishing a temporary safety zone for Under 5 U.S.C. 553(d)(3), the Coast Information Broadcasts (MSIBs) as certain navigable waters of the Lower Guard finds that good cause exists for appropriate. making this rule effective less than 30 Mississippi River. This action is V. Regulatory Analyses necessary to provide for the safety of days after publication in the Federal persons, vessels, and the marine Register. Delaying the effective date of We developed this rule after environment on these navigable waters this rule would be contrary to public considering numerous statutes and near New Orleans, LA, during a interest because immediate action is Executive orders related to rulemaking. fireworks display. This regulation necessary to protect persons, vessels, Below we summarize our analyses prohibits persons and vessels from and the marine environment from the based on a number of these statutes and being in the safety zone unless potential hazards associated with the Executive orders, and we discuss First authorized by the Captain of the Port fireworks display. Amendment rights of protestors. Sector New Orleans or a designated III. Legal Authority and Need for Rule A. Regulatory Planning and Review representative. The Coast Guard is issuing this rule Executive Orders 13563 (‘‘Improving DATES: This rule is effective from 8:45 under authority in 33 U.S.C. 1231. The Regulation and Regulatory Review’’) p.m. through 10 p.m. on August 25, Captain of the Port Sector New Orleans and 12866 (‘‘Regulatory Planning and 2018. (COTP) has determined that potential Review’’) direct agencies to assess the hazards associated with the fireworks to ADDRESSES: To view documents costs and benefits of available regulatory be used in this August 25, 2018 display mentioned in this preamble as being alternatives and, if regulation is will be a safety concern for anyone available in the docket, go to http:// necessary, to select regulatory within a one-mile section of the river. www.regulations.gov, type USCG–2018– approaches that maximize net benefits The purpose of this rule is to ensure 0348 in the ‘‘SEARCH’’ box and click (including potential economic, safety of vessels on the navigable waters ‘‘SEARCH.’’ Click on Open Docket environmental, public health and safety in the safety zone before, during, and Folder on the line associated with this effects, distributive impacts, and after the fireworks display. rule. equity). Executive Order 13563 FOR FURTHER INFORMATION CONTACT: If IV. Discussion of Comments, Changes, emphasizes the importance of you have questions about this rule, call and the Rule quantifying both costs and benefits, of or email Lieutenant Commander As noted above, we received no reducing costs, of harmonizing rules, Benjamin Morgan, Sector New Orleans comments on our NPRM published on and of promoting flexibility. Executive Waterways Management Division, U.S. May 14, 2018. There are no changes in Order 13771 (‘‘Reducing Regulation and Coast Guard; telephone 504–365–2231, the regulatory text of this rule from the Controlling Regulatory Costs’’) directs email [email protected]. proposed rule in the NPRM. agencies to reduce regulation and SUPPLEMENTARY INFORMATION: This rule establishes a safety zone control regulatory costs and provides that ‘‘for every one new regulation I. Table of Abbreviations from 8:45 p.m. through 10 p.m. on August 25, 2018. The safety zone will issued, at least two prior regulations be CFR Code of Federal Regulations cover all navigable waters on the Lower identified for elimination, and that the COTP Captain of the Port Sector New Mississippi River, between mile markers cost of planned regulations be prudently Orleans (MMs) 95.7 and 96.7 above Head of managed and controlled through a DHS Department of Homeland Security Passes. The duration of the zone is budgeting process.’’ FR Federal Register MM Mile marker intended to ensure the safety of vessels The Office of Management and Budget NPRM Notice of proposed rulemaking and these navigable waters before, (OMB) has not designated this rule a § Section during, and after the scheduled 9 p.m. ‘‘significant regulatory action,’’ under U.S.C. United States Code to 10 p.m. fireworks display. section 3(f) of Executive Order 12866. No vessel or person will be permitted Accordingly, OMB has not reviewed it. II. Background Information and to enter the safety zone without As this rule is not a significant Regulatory History obtaining permission from the COTP or regulatory action, this rule is exempt On April 9, 2018, AFX Pro, LLC, a designated representative. A from the requirements of Executive notified the Coast Guard that it would designated representative is a Order 13771. See OMB’s Memorandum be conducting a fireworks display from commissioned, warrant, or petty officer ‘‘Guidance Implementing Executive 9 p.m. through 10 p.m. on August 25, of the U.S. Coast Guard assigned to Order 13771, Titled ‘Reducing 2018, for the National Guard units under the operational control of Regulation and Controlling Regulatory Association of the United States Annual USCG Sector New Orleans. Vessels Costs’ ’’ (April 5, 2017).

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This regulatory action determination C. Collection of Information It is categorically excluded from further is based on the size and duration of the This rule will not call for a new review under paragraph L60(a) of safety zone. This safety zone is for only collection of information under the Appendix A, Table 1 of DHS Instruction one hour and fifteen minutes on a one- Paperwork Reduction Act of 1995 (44 Manual 023–01–001–01, Rev. 01. A mile section of the waterway. Moreover, U.S.C. 3501–3520). Record of Environmental Consideration the Coast Guard will issue a Broadcast supporting this determination is Notice to Mariners (BNM) via VHF–FM D. Federalism and Indian Tribal available in the docket where indicated marine channel 16 about the zone, and Governments under ADDRESSES. the rule allows vessels to seek A rule has implications for federalism G. Protest Activities permission to enter the zone. under Executive Order 13132, Federalism, if it has a substantial direct The Coast Guard respects the First B. Impact on Small Entities effect on the States, on the relationship Amendment rights of protesters. The Regulatory Flexibility Act of between the national government and Protesters are asked to contact the 1980, 5 U.S.C. 601–612, as amended, the States, or on the distribution of person listed in the FOR FURTHER requires Federal agencies to consider power and responsibilities among the INFORMATION CONTACT section to the potential impact of regulations on various levels of government. We have coordinate protest activities so that your small entities during rulemaking. The analyzed this rule under that Order and message can be received without term ‘‘small entities’’ comprises small have determined that it is consistent jeopardizing the safety or security of businesses, not-for-profit organizations with the fundamental federalism people, places or vessels. principles and preemption requirements that are independently owned and List of Subjects in 33 CFR Part 165 operated and are not dominant in their described in Executive Order 13132. fields, and governmental jurisdictions Also, this rule does not have tribal Harbors, Marine safety, Navigation with populations of less than 50,000. implications under Executive Order (water), Reporting and recordkeeping The Coast Guard received no comments 13175, Consultation and Coordination requirements, Security measures, from the Small Business Administration with Indian Tribal Governments, Waterways. on this rulemaking. The Coast Guard because it does not have a substantial For the reasons discussed in the certifies under 5 U.S.C. 605(b) that this direct effect on one or more Indian preamble, the Coast Guard amends 33 rule will not have a significant tribes, on the relationship between the CFR part 165 as follows: economic impact on a substantial Federal Government and Indian tribes, number of small entities. or on the distribution of power and PART 165—REGULATED NAVIGATION responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS While some owners or operators of Government and Indian tribes. If you vessels intending to transit the safety believe this rule has implications for ■ 1. The authority citation for part 165 zone may be small entities, for the federalism or Indian tribes, please continues to read as follows: reasons stated in section V.A above, this contact the person listed in the FOR rule will not have a significant FURTHER INFORMATION CONTACT section. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; economic impact on any vessel owner 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; or operator. E. Unfunded Mandates Reform Act Department of Homeland Security Delegation No. 0170.1. Under section 213(a) of the Small The Unfunded Mandates Reform Act ■ Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires 2. Add § 165.T08–0348 to read as Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of follows: their discretionary regulatory actions. In we want to assist small entities in § 165.T08–0348 Safety Zone; Lower understanding this rule. If the rule particular, the Act addresses actions Mississippi River, New Orleans, LA. would affect your small business, that may result in the expenditure by a State, local, or tribal government, in the (a) Location. The following area is a organization, or governmental safety zone: All navigable waters of the jurisdiction and you have questions aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or Lower Mississippi River, New Orleans, concerning its provisions or options for LA from mile marker (MM) 95.7 to MM compliance, please contact the person more in any one year. Though this rule will not result in such an expenditure, 96.7 above Head of Passes. listed in the FOR FURTHER INFORMATION we do discuss the effects of this rule (b) Effective period. This section is CONTACT section. elsewhere in this preamble. effective from 8:45 p.m. through 10 p.m. Small businesses may send comments on August 25, 2018. on the actions of Federal employees F. Environment (c) Regulations. (1) In accordance with who enforce, or otherwise determine We have analyzed this rule under the general regulations in § 165.23, entry compliance with, Federal regulations to Department of Homeland Security into this zone is prohibited unless the Small Business and Agriculture Directive 023–01 and Commandant authorized by the Captain of the Port Regulatory Enforcement Ombudsman Instruction M16475.1D, which guide the Sector New Orleans (COTP) or and the Regional Small Business Coast Guard in complying with the designated representative. A designated Regulatory Fairness Boards. The National Environmental Policy Act of representative is a commissioned, Ombudsman evaluates these actions 1969(42 U.S.C. 4321–4370f), and have warrant, or petty officer of the U.S. annually and rates each agency’s determined that this action is one of a Coast Guard assigned to units under the responsiveness to small business. If you category of actions that do not operational control of USCG Sector New wish to comment on actions by individually or cumulatively have a Orleans. employees of the Coast Guard, call 1– significant effect on the human (2) Vessels requiring entry into this 888–REG–FAIR (1–888–734–3247). The environment. This rule involves a safety safety zone must request permission Coast Guard will not retaliate against zone lasting one hour and fifteen from the COTP or a designated small entities that question or complain minutes that will prohibit entry between representative. They may be contacted about this rule or any policy or action MM 95.7 and MM 96.7 on the Lower on VHF–FM Channel 16 or 67 or by of the Coast Guard. Mississippi River above Head of Passes. telephone at (504) 365–2200.

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(3) Persons and vessels permitted to collection requirements for review and Title: Application for Connect enter this safety zone must transit at approval by OMB, as required by the America Fund Phase II Auction their slowest safe speed and comply Paperwork Reduction Act (PRA) of Support—FCC Form 683. with all lawful directions issued by the 1995, on June 7, 2018. OMB approved Form Number: FCC Form 683. COTP or the designated representative. the new information collection Type of Review: New information (d) Information broadcasts. The COTP requirements on July 31, 2018. The collection. or a designated representative will information collection requirements are Respondents: Business or other for- inform the public of the enforcement contained in the Commission’s Connect profit entities, Not-for-profit times and date for this safety zone America Fund Orders, FCC 14–54, institutions, and State, Local or Tribal through Broadcast Notices to Mariners published at 79 FR 39164, July 9, 2014, Governments. (BNMs), Local Notices to Mariners FCC 16–64, published at 81 FR 44414, Number of Respondents and (LNMs), and/or Marine Safety July 7, 2016 and FCC 18–5, published at Responses: 400 respondents; 800 Information Broadcasts (MSIBs) as 83 FR 15982, April 13, 2018. The OMB responses. appropriate. Control Number is 3060–1256. The Estimated Time per Response: 2–12 hours (on average). Dated: August 10, 2018. Commission publishes this document as an announcement of the effective date of Frequency of Response: Annual K.M. Luttrell, reporting requirements, on occasion Captain, U.S. Coast Guard, Captain of the the rules published on July 7, 2016 and April 13, 2018. If you have any reporting requirement. Port Sector New Orleans. Obligation to Respond: Required to comments on the burden estimates [FR Doc. 2018–17595 Filed 8–14–18; 8:45 am] obtain or retain benefits. Statutory listed below, or how the Commission BILLING CODE 9110–04–P authority for this information collection can improve the collections and reduce 47 U.S.C. 154, 254 and 303(r) of the any burdens caused thereby, please Communications Act of 1934, as contact Nicole Ongele, Federal amended. FEDERAL COMMUNICATIONS Communications Commission, Room 1– COMMISSION Total Annual Burden: 5,600 hours. A620, 445 12th Street SW, Washington, Total Annual Cost(s): No Cost. 47 CFR Part 54 DC 20554. Please include the OMB Nature and Extent of Confidentiality: Control Number, 3060–1256, in your Although most of the information [WC Docket No. 10–90; FCC 14–54, 16–64, correspondence. The Commission will and 18–5] collected in FCC Form 683 will be made also accept your comments via email at available for public inspection, the [email protected]. To request materials in Connect America Fund Commission will withhold certain accessible formats for people with information collected in FCC Form 683 AGENCY: Federal Communications disabilities (Braille, large print, from routine public inspection. Commission. electronic files, audio format), send an Specifically, the Commission will treat ACTION: Final rule; announcement of email to [email protected] or call the certain financial and technical effective date. Consumer and Governmental Affairs information submitted in FCC Form 683 Bureau at (202) 418–0530 (voice), (202) as confidential. In addition, an SUMMARY: In this document, the Federal 418–0432 (TTY). applicant may use the abbreviated Communications Commission process under 47 CFR 0.459(a)(4) to (Commission) announces that the Office Synopsis request confidential treatment of the of Management and Budget (OMB) has As required by the Paperwork audited financial statements that are approved, for a period of three years, an Reduction Act of 1995 (44 U.S.C. 3507), submitted during the post-selection information collection associated with the Commission is notifying the public review process. However, if a request for the rules for the Connect America Fund that it received OMB approval on July public inspection for this technical or Phase II auction contained in the 31, 2018, for the information collection financial information is made under 47 Commission’s Connect America Fund requirements contained in 47 CFR CFR 0.461, and the applicant has any Orders, FCC 14–54, FCC 16–64, and 54.315(b) and (c) and the amendment to objections to disclosure, the applicant FCC 18–5. This document is consistent 47 CFR 54.315(c)(1)(ii) published at 81 will be notified and will be required to with the Connect America Fund Orders, FR 44414, July 7, 2016 and 83 FR 15982, justify continued confidential treatment. which stated that the Commission April 13, 2018. Under 5 CFR part 1320, To the extent that an applicant seeks to would publish a document in the an agency may not conduct or sponsor have other information collected in FCC Federal Register announcing the a collection of information unless it Form 683 or during the post-selection effective date of the new information displays a current, valid OMB Control review process withheld from public collection requirements. Number. No person shall be subject to inspection, the applicant may request DATES: The amendment to any penalty for failing to comply with confidential treatment pursuant to 47 § 54.315(c)(1)(ii) published at 83 FR a collection of information subject to the CFR 0.459. 15982, April 13, 2018 is effective Paperwork Reduction Act that does not Privacy Act Impact Assessment: No August 15, 2018. display a current, valid OMB Control impact(s). FOR FURTHER INFORMATION CONTACT: Number. The OMB Control Number is Needs and Uses: The Commission Alexander Minard, Wireline 3060–1256. The foregoing notice is will use the information collected under Competition Bureau at (202) 418–7400 required by the Paperwork Reduction this information collection to determine or TTY (202) 418–0484. For additional Act of 1995, Public Law 104–13, whether Connect America Fund Phase II information concerning the Paperwork October 1, 1995, and 44 U.S.C. 3507. auction winning bidders are eligible to Reduction Act information collection The total annual reporting burdens receive Phase II auction support. In its requirements contact Nicole Ongele at and costs for the respondents are as USF/ICC Transformation Order and (202) 418–2991 or via email at follows: Further Notice of Proposed Rulemaking, [email protected]. OMB Control Number: 3060–1256. FCC 11–161, 76 FR 78385, December 16, SUPPLEMENTARY INFORMATION: The OMB Approval Date: July 31, 2018. 2011, the Commission comprehensively Commission submitted new information OMB Expiration Date: July 31, 2021. reformed and modernized the high-cost

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program within the universal service Under this information collection, the Regional Office, telephone: 727–824– fund to focus support on networks Commission will collect information 5305, email: [email protected]. capable of providing voice and from Connect America Fund Phase II SUPPLEMENTARY INFORMATION: NMFS broadband services. The Commission auction winning bidders to determine manages the Gulf reef fish fishery, created the Connect America Fund and the recipients of Phase II auction which includes gray triggerfish, under concluded that support in price cap support. To aid in collecting this the Fishery Management Plan for the areas would be provided through a information, the Commission has Reef Fish Resources of the Gulf of combination of ‘‘a new forward-looking created FCC Form 683, which the public Mexico (FMP). The Gulf of Mexico model of the cost of constructing will use to provide the disclosures and Fishery Management Council (Council) modern multi-purpose networks’’ and a certifications that must be made by prepared the FMP and NMFS competitive bidding process (the Phase II auction winning bidders in the implements the FMP under the Connect America Fund Phase II auction Connect America Fund Phase II auction authority of the Magnuson-Stevens or Phase II auction). The Commission seeking to become authorized for Phase Fishery Conservation and Management also sought comment on proposed rules II support. Commission staff will review Act (Magnuson-Stevens Act) by governing the Connect America Fund the information collected in FCC Form regulations at 50 CFR part 622. All gray Phase II auction, including basic auction 683 as part of the post-selection review triggerfish weights discussed in this design and the application process. process to determine whether a long- temporary rule are in round weight. In the Connect America Fund Phase II form applicant is eligible to receive The 2018 recreational annual catch auction, service providers will compete Phase II support. limit (ACL) for Gulf gray triggerfish to receive support of up to $1.98 billion Federal Communications Commission. specified in 50 CFR 622.41(b)(2)(iii) is over 10 years to offer voice and Marlene Dortch, 241,200 lb (109,406 kg) and the broadband service in unserved high-cost Secretary, Office of the Secretary. recreational ACT is 217,100 lb (98,475 areas. The Commission adopted new [FR Doc. 2018–17479 Filed 8–14–18; 8:45 am] kg). rules to implement the reforms, conduct BILLING CODE 6712–01–P As specified by 50 CFR the Phase II auction, and determine 622.41(b)(2)(i), NMFS is required to whether Phase II auction winning close the recreational sector for gray bidders are eligible to receive Phase II DEPARTMENT OF COMMERCE triggerfish when the recreational ACT is support. In its April 2014 Connect reached, or is projected to be reached, America Order, FCC 14–54, the National Oceanic and Atmospheric by filing a notification to that effect with Commission adopted various rules Administration the Office of the Federal Register. NMFS regarding participation in the Phase II has determined the 2018 recreational auction, the term of support, and the 50 CFR Part 622 ACT for Gulf gray triggerfish was eligible telecommunications carrier [Docket No. 121004518–3398–01] reached. Accordingly, this temporary (ETC) designation process. In its Phase rule closes the recreational sector for II Auction Order, FCC 16–64, the RIN 0648–XG421 Gulf gray triggerfish effective at 12:01 Commission adopted rules to govern the a.m., local time, August 17, 2018, and it Phase II auction, including a two-stage Reef Fish Fishery of the Gulf of will remain closed through the end of application process that includes a pre- Mexico; 2018 Recreational the fishing year on December 31, 2018. auction short-form application to be Accountability Measure and Closure During the recreational closure, the submitted by parties interested in for Gulf of Mexico Gray Triggerfish bag and possession limits for gray bidding in the Phase II auction and a AGENCY: National Marine Fisheries triggerfish in or from the Gulf EEZ are post-auction long-form application that Service (NMFS), National Oceanic and zero. The prohibition on possession of must be submitted by winning bidders Atmospheric Administration (NOAA), Gulf gray triggerfish also applies in Gulf seeking to become authorized to receive Commerce. state waters for a vessel issued a valid Phase II auction support. In its Phase II ACTION: Temporary rule; closure. Federal charter vessel/headboat permit Auction Procedures Public Notice, FCC for Gulf reef fish. 18–6, 83 FR 13590, March 29, 2018, the SUMMARY: NMFS implements an As specified in 50 CFR 622.34(f), Commission adopted the final accountability measure (AM) for the there is a seasonal closure for Gulf gray procedures for the Phase II auction, gray triggerfish recreational sector in the triggerfish at the beginning of each including the long-form application exclusive economic zone (EEZ) of the fishing year from January 1 through the disclosure and certification Gulf of Mexico (Gulf) for the 2018 end of February; therefore, after the requirements for winning bidders fishing year through this temporary rule. closure implemented by this temporary seeking to become authorized to receive NMFS has projected that the 2018 rule is effective on August 17, 2018, the Phase II auction support. In its Phase II recreational annual catch target (ACT) recreational harvest or possession of Auction Order on Reconsideration, FCC for Gulf gray triggerfish has been met. Gulf gray triggerfish will not again be 18–5, the Commission modified its Therefore, NMFS closes the recreational permitted until March 1, 2019. previously-adopted letter of credit rules sector for Gulf gray triggerfish on to provide some additional relief for August 17, 2018, and it will remain Classification Phase II auction support recipients by closed through the end of the fishing The Regional Administrator for the reducing the costs of maintaining a year on December 31, 2018. This closure NMFS Southeast Region has determined letter of credit. Based on the is necessary to protect the Gulf gray this temporary rule is necessary for the Commission’s experience with auctions triggerfish resource. conservation and management of Gulf and consistent with the record, this two- DATES: This temporary rule is effective gray triggerfish and is consistent with stage application process balances the at 12:01 a.m., local time, on August 17, the Magnuson-Stevens Act and other need to collect information essential to 2018, until 12:01 a.m., local time, on applicable laws. conducting a successful auction and January 1, 2019. This action is taken under 50 CFR authorizing Phase II support with FOR FURTHER INFORMATION CONTACT: 622.41(b)(2)(i) and is exempt from administrative efficiency. Lauren Waters, NMFS Southeast review under Executive Order 12866.

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These measures are exempt from the pursuant to the authority set forth in 5 potentially allow the recreational sector procedures of the Regulatory Flexibility U.S.C. 553(b)(B), because such to exceed the recreational ACL. Act because the temporary rule is issued procedures are unnecessary and For the aforementioned reasons, the without opportunity for prior notice and contrary to the public interest. Such AA also finds good cause to waive the comment. procedures are unnecessary because the This action responds to the best 30-day delay in the effectiveness of this rule establishing the closure provisions action under 5 U.S.C. 553(d)(3). scientific information available. The was subject to notice and comment, and Assistant Administrator for NOAA all that remains is to notify the public Authority: 16 U.S.C. 1801 et seq. Fisheries (AA) finds that the need to of the closure. Such procedures are Dated: August 10, 2018. immediately implement this action to contrary to the public interest because close the recreational sector for gray Alan D. Risenhoover, of the need to immediately implement triggerfish constitutes good cause to Director, Office of Sustainable Fisheries, waive the requirements to provide prior this action to protect gray triggerfish. National Marine Fisheries Service. notice and opportunity for public Prior notice and opportunity for public [FR Doc. 2018–17586 Filed 8–10–18; 4:15 pm] comment on this temporary rule comment would require time and would BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 158

Wednesday, August 15, 2018

This section of the FEDERAL REGISTER including your address, phone number, exchanges and gifts from other nations. contains notices to the public of the proposed email address, or other personal It includes a combination of formally issuance of rules and regulations. The identifying information in your designed areas, such as the Mall and the purpose of these notices is to give interested comment, you should be aware that grounds of the Washington Monument, persons an opportunity to participate in the your entire comment including your as well as natural areas, such as the rule making prior to the adoption of the final rules. personal identifying information may be Tidal Basin and West Potomac Park. made publicly available at any time. The National Mall also contains While you can ask us in your comment monuments, memorials, statues, and DEPARTMENT OF THE INTERIOR to withhold your personal identifying other commemorative works that honor information, we cannot guarantee that important persons, historical events, National Park Service we will be able to do so. To view and the ideals of democracy. The comments received through the Federal monuments, memorials, and sites in the 36 CFR Part 7 eRulemaking portal, go to http:// National Mall and Memorial Parks [NPS–NCR–25928; PPNCNAMAS0, www.regulations.gov and enter 1024– connect visitors directly with American PPMPSPD1Z.YM0000] AE45 in the search box. history and values, cultural heritage, FOR FURTHER INFORMATION CONTACT: and the sacrifices of so many, RIN 1024–AE45 Brian D. Joyner, Chief of Staff, National supporting our national identity as well as individual connections to the larger Special Regulations, Areas of the Park Service, National Mall and national and international experience. National Park System, National Capital Memorial Parks, (202) 245–4468, _ The NPS protects the valuable urban Region, Special Events and NAMA [email protected]. green space within the National Mall Demonstrations SUPPLEMENTARY INFORMATION: and Memorial Parks that accommodates AGENCY: National Park Service, Interior. Background a variety of passive and active ACTION: Proposed rule. The National Mall and areas recreational activities for a diverse surrounding the White House in population. SUMMARY: The National Park Service Washington, DC are managed by the President’s Park proposes to revise special regulations National Park Service (NPS) on behalf of related to demonstrations and special the American people. These areas are President’s Park comprises three events at certain national park units in contained within two administrative distinct cultural landscapes that are the National Capital Region. The units of the National Park System: The each fundamental to the park and proposed changes would modify National Mall and Memorial Parks and provide the setting for the ‘‘President’s regulations explaining how the NPS President’s Park. Park’’ as defined by Pierre L’Enfant in processes permit applications for 1791. The White House is the oldest demonstrations and special events. The National Mall and Memorial Parks public building in the District of rule would also identify locations where Within the National Mall and Columbia and has been the home and activities are allowed, not allowed, or Memorial Parks, the NPS administers office of every president of the United allowed but subject to restrictions. more than 1,000 acres of park land States except for George Washington. DATES: Comments must be received by within the District of Columbia, The White House, including its wings, October 15, 2018. including 14 units of the national park serves as the residence of the first ADDRESSES: You may submit comments, system: Belmont-Paul Women’s Equality family, offices for the president and identified by the Regulation Identifier National Monument, Constitution staff, and an evolving museum. Number (RIN) 1024–AE45 by any of the Gardens, Ford’s Theatre National Lafayette Park to the north of the White following methods: Historic Site, Franklin Delano Roosevelt House is a 19th-century public park • Electronically: Federal eRulemaking Memorial, Korean War Veterans redesigned in the 1960s. The park is portal: http://www.regulations.gov. Memorial, Lincoln Memorial, Martin bounded by H Street to the north, Follow the instructions for submitting Luther King, Jr. Memorial, Pennsylvania Madison Place to the east, Pennsylvania comments. Avenue National Historic Site, the Mall, Avenue to the south, and Jackson Place • Hardcopy: Mail or hand deliver to Thomas Jefferson Memorial, Vietnam to the west. Lafayette Park is an example National Park Service, National Mall Veterans Memorial, Washington of early American landscape design and and Memorial Parks, 900 Ohio Drive Monument and Plaza, World War I the 19th century neighborhood of the SW, Washington, DC 20024, Attn: Brian Memorial, and World War II Memorial. president. The Ellipse area, or Joyner. The National Mall and Memorial Parks President’s Park South, to the south of Instructions: All comments received also contains more than 150 the White House grounds is another must include the agency name (National reservations, circles, fountains, squares, important cultural landscape. Park Service) and RIN (1024–AE45) for triangles, and park spaces in the center President’s Park South consists of the this rulemaking. Comments will not be of Washington, DC that were created as elliptical park area known as the accepted by fax, email, or in any way part of the L’Enfant plan of the city. Ellipse, Sherman Park to the northeast, other than those specified above. The National Mall is a preeminent and the First Division Memorial Park to Comments received will be posted national landscape that is home to the the northwest. Lafayette Park and the without change to http:// enduring symbols of our country Ellipse provide a dignified transition www.regulations.gov, including any including various trees and gardens that area from an urban environment to the personal information provided. Before symbolize cultural and diplomatic White House environs. They also

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protect and enhance views to and from President’s Park. The NPS also issues an 7.96. These other units—such as the White House and provide a setting average of 800 permits for commercial portions of the Chesapeake and Ohio for the public to view the White House. filming within these parks each year. Canal National Historical Park, National Many national monuments and The NPS dedicates significant resources Capital Parks-East, George Washington memorials are found throughout the to processing permit applications and Memorial Parkway, and Rock Creek park, illustrating the significant role of managing permitted activities in a Park—are located nearby the National President’s Park as a symbolic location manner that mitigates impacts to park Mall and Memorial Parks and within the urban landscape of the resources, secures sensitive locations, President’s Park. The NPS encounters nation’s capital. and keeps visitors safe. management issues related to demonstrations and special events in Demonstrations and Special Events Proposed Rule these locations that are similar to those The buildings, structures, and The NPS proposes to revise the encountered in the National Mall and grounds that compose the National Mall regulations applicable to Memorial Parks and President’s Park. In and Memorial Parks and President’s demonstrations and special events that some cases, a single event such as a foot Park are national symbols of American are held within the National Mall and race will cross through several of these democracy. Citizens from the United Memorial Parks and President’s Park. units. The administrative benefit of States and around the world come to The NPS intends these revisions to (i) having a uniform set of regulations and these areas to participate in American modify regulations explaining how the permit processes for units in close democracy, celebrate freedom, and NPS processes permit applications to proximity to one another supports experience our nation’s history and conduct activities in these areas; and (ii) applying the proposed changes in this culture. The NPS receives regular better identify locations where activities rule to all of the units that are subject requests from the public to conduct are allowed, not allowed, or allowed but to section 7.96. This will allow the NPS demonstrations, which include various subject to restrictions. The NPS intends to better manage these events and types of expressive activity such as these changes to provide greater clarity provide service to the public. The marches and art displays, at locations to the public about how and where applicability of section 7.96 to the within the National Mall and Memorial demonstrations and special events may National Mall and Memorial Parks, Parks and President’s Park. The NPS be conducted in a manner that protects President’s Park, and these other units also receives requests to hold special and preserves the cultural and historic is discussed in more detail below. events, such as wedding ceremonies, integrity of these areas. A summary of the proposed changes national celebratory events, and The supplementary information is contained in the following table, sporting activities, at the same locations. contained below will explain the along with a citation of the regulation Each year, the NPS issues an average of proposed changes to existing regulations that would be changed. The proposed 750 permits for demonstrations and in section 7.96 of Title 36, Code of changes are discussed below in the 1,500 permits for special events within Federal Regulations (36 CFR 7.96). order they appear in the table below. In the NPS units subject to 36 CFR 7.96 (as These regulations govern activities addition to the changes listed below, the explained below). Most of these within the National Mall and Memorial proposed rule would reorganize several activities are held within the National Parks, President’s Park, and other paragraphs in section 7.96 without Mall and Memorial Parks and administrative units subject to section changing any of the text.

No. Proposed change Citation

1 ...... Remove several units from the applicability of § 7.96 ...... 7.96(a) 2 ...... Adopt definitions of ‘‘demonstrations’’ and ‘‘special events’’ from 36 CFR part 2 ...... 7.96(g)(1)(i) and (ii) 3 ...... Move the definition of ‘‘structure’’ to the definitions section in § 7.96(g)(1) ...... 7.96(g)(1) and (5)(ix)(A)(4) 4 ...... Consider changing the number of people that could take part in a demonstration without a permit at 7.96(g)(2)(ii) specific locations. 5 ...... Require a permit for the erection of structures during a special event or demonstration regardless of 7.96(g)(2) and (g)(5)(vi)(E) the number of participants. 6 ...... Consider requiring permit applicants to pay fees to allow the NPS to recover some of the costs of 7.96(g)(3) administering permitted activities that contain protected speech. 7 ...... Establish permanent security zones at President’s Park where public access is currently prohibited 7.96(g)(3)(i) 8 ...... Modify and establish restricted zones at memorials on the National Mall where special events and 7.96(g)(3)(ii) demonstrations would not be allowed in order to preserve an atmosphere of contemplation. 9 ...... Modify regulations explaining how the NPS processes permit applications for demonstrations and 7.96(g)(3) and (4) special events. 10 ...... Adopt criteria in 36 CFR part 2 for reviewing permit applications that apply to other NPS areas. Re- 7.96(g)(4) and (5) move redundant criteria in § 7.96. 11 ...... Establish a maximum permit period of 30 days, plus a reasonable amount of time needed for set up 7.96(g)(4)(vi) and take down of structures before and after a demonstration or special event. 12 ...... Identify locations where structures may not be used, and restrict the height, weight, equipment, and 7.96(g)(5)(vi) materials of structures when they are permitted during special events and demonstrations. 13 ...... Apply existing sign restrictions (e.g. supports, dimensions) in President’s Park to other locations 7.96(g)(5)(vii) within the National Mall and Memorial Parks and President’s Park. 14 ...... Other minor changes to § 7.96 ...... 7.96(g)

1. Remove Several Units From the Park System units that are located in within the NCR. These special Applicability of 7.96 and around metropolitan Washington, regulations modify the general The National Capital Region (NCR) is DC. NPS regulations at 36 CFR 7.96 regulations in 36 CFR part 2 that apply an administrative grouping of National apply to certain park units located to all areas administered by the NPS,

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but only for those parks identified in applications through this office, and • Three parks in Virginia—Manassas section 7.96. then to the impacted park(s), to avoid National Battlefield Park, Prince Paragraph (a) of section 7.96 lists the potential confusion about where William Forest Park, and Wolf Trap park units in the NCR that are subject applications should be sent. It would be National Park for the Performing Arts to the special regulations in that section. confusing to require the public to send • The portion of Chesapeake and Ohio This rule would revise paragraph (a) to permit applications directly to each Canal National Historical Park that is limit applicability and scope of the NCR park unit because there are so many located outside the District of special regulations to the following park areas administered by the NPS in the Columbia and Montgomery County, areas: NCR, many of which are in close Maryland • All park areas located in Washington, proximity to one another. Other unique By removing these parks from scope DC management issues faced by these parks and applicability of the NCR special • the George Washington Memorial in the NCR include the Presidential regulations, they instead would be Parkway Inauguration, other national celebration governed by the general regulations for • all park areas located within National events, security needs associated with special events and demonstrations Capital Parks East (an administrative the White House Complex and the found in sections 2.50 and 2.51. grouping of park units in the NCR that Executive Office Building, and the use Although these parks are organized are generally located east of the U.S. of athletic fields near the National Mall. within the administrative grouping of Capitol) These activities are also addressed by the NCR, they are located further away • the portion of Chesapeake and Ohio special regulations in section 7.96. from the metropolitan core of Canal National Historical Park that is Park units that are not identified in Washington, DC. This reduces any located in Washington, DC and paragraph (a) of section 7.96 follow confusion about where permit Montgomery County, Maryland general NPS regulations in part 2. This applications should be sent. It is not The special regulations in section 7.96 is consistent with 36 CFR 1.2(c), which necessary or efficient that permit exist to address unique management provides that the NPS general applications for these outlying NCR issues that are present in these park regulations in part 2 apply unless there parks be routed through the centralized units in the NCR but not present in are NPS special regulations for permit office in Washington, DC. other parks in the NCR or elsewhere in individual park areas. The general Allowing these outlying NCR parks to the country. One of these issues— regulations in part 2 address special operate their own permit offices that can especially for park units near the events and demonstrations in sections receive permit applications directly is National Mall and the White House—is 2.50 and 2.51. Instead of using a central consistent with how other NCR parks how to manage the high volume, office, permit applications for these outside the Washington, DC, magnitude, and impacts of special other parks are sent directly to park metropolitan area (i.e., Antietam events and demonstrations. Section 7.96 headquarters and processed by the National Battlefield, Harpers Ferry addresses this issue with special rules administrative office at the park unit. National Historical Park, and Monocacy that govern these activities. One of these Section 7.96 already applies to the National Battlefield) have operated for rules requires individuals and park units identified in this proposed decades. Instead of using a central organizations to send permit rule. The proposed changes to permit office in Washington, DC, applications for demonstrations and paragraph 7.96(a) in this rule would visitors would send permit applications special events to a central permit office remove the following park units from for these outlying parks to the in Washington, DC, for review and the applicability and scope of the NCR administrative offices of each park, to processing. The NPS routes all permit special regulations in section 7.96: the attention of the superintendent:

Park unit Mailing address

Manassas National Battlefield Park ...... 12521 Lee Highway, Manassas, VA 20109, (703) 754–1861. Prince William Forest Park ...... 18100 Park Headquarters Road, Triangle, VA 22172, (703) 221–4706. Wolf Trap National Park for the Performing Arts ...... 1551 Trap Road, Vienna, VA 22182–1643, (703) 255–1808. Chesapeake and Ohio Canal National Historical Park 1850 Dual Highway, Suite 100, Hagerstown, MD 21740, (301) 739–4200.

The other special regulations in that are located in Maryland outside of within the NCR. For both sets of section 7.96 either are not relevant to Montgomery County. definitions, the term ‘‘demonstration(s)’’ is defined to include activities that are these parks (e.g. staging the Presidential 2. Revise Definitions of considered expression and speech that Inauguration, organized athletic events, ‘‘Demonstrations’’ and ‘‘Special Events’’ and taxi cab operations around National are protected by the First Amendment. Memorials) or are addressed by NPS NPS general regulations in 36 CFR Special events are described or defined regulations in 36 CFR part 2 (e.g. fishing part 2 define the term ‘‘demonstrations’’ to include other activities that do not and camping). In order to maintain the and ‘‘special events.’’ These terms apply enjoy the same heightened protection existing prohibition on bathing, to activities that occur within all units under the First Amendment. The swimming or wading throughout the of the National Park System except for definitions of ‘‘demonstration(s)’’ in Chesapeake and Ohio Canal, the those units identified in section 7.96 section 2.51 and section 7.96(g)(1) are proposed rule would state that and located within the NCR. Section the same. The list of types of special 7.96(g)(1) contains definitions for the events in section 2.50 and the definition paragraph (e) of section 7.96 would terms ‘‘demonstration’’ and ‘‘special in section 7.96(g)(1) are similar, but apply to the portions of the Chesapeake events’’ that apply only to those units different in some ways. A comparison is and Ohio Canal National Historical Park identified in section 7.96 and located displayed in the table below:

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Part 2 Section 7.96 definition

Demonstration(s) ...... Includes demonstrations, picketing, speechmaking, Includes demonstrations, picketing, speechmaking, marching, holding vigils or religious services, and all marching, holding vigils or religious services and all other like forms of conduct that involve the commu- other like forms of conduct that involve the commu- nication or expression of views or grievances, en- nication or expression of views or grievances, en- gaged in by one or more persons, the conduct of gaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or on- which is reasonably likely to draw a crowd or onlook- lookers. This term does not include casual park use ers. This term does not include casual park use by by visitors or tourists that is not reasonably likely to visitors or tourists that is not reasonably likely to at- attract a crowd or onlookers. 36 CFR 2.51(a). tract a crowd or onlookers. 36 CFR 7.96(g)(1)(i). Special Events ...... Sports events, pageants, regattas, public spectator at- Includes sports events, pageants, celebrations, histor- tractions, entertainments, ceremonies, and similar ical reenactments, regattas, entertainments, exhibi- events. 36 CFR 2.50(a). tions, parades, fairs, festivals and similar events (in- cluding such events presented by the National Park Service), which are not demonstrations under para- graph (g)(1)(i) of this section, and which are engaged in by one or more persons, the conduct of which has the effect, intent or propensity to draw a crowd or on- lookers. This term also does not include casual park use by visitors or tourists which does not have an in- tent or propensity to attract a crowd or onlookers. 36 CFR 7.96(g)(1)(ii).

In order to avoid confusion that may because certain regulations in section where the distinction is necessary to arise from having separate but similar 7.96 treat demonstrations and special ensure that NPS does not overly restrict definitions in part 2 and section 7.96(g), events differently. For example, speech that enjoys heightened the NPS proposes to remove the demonstrations involving 25 or fewer protections under the First Amendment. definition of ‘‘demonstration’’ in section people generally may be held without a The NPS will remove the text in the 7.96(g)(1) and refer to the definition in permit. This permit exception does not section 7.96 definition that states that section 2.51 instead. For the same apply to special events. Other special events are those activities that reason, the NPS proposes to remove the provisions in section 7.96 apply to do not qualify as demonstrations. definition of ‘‘special events’’ in section demonstrations and special events in Experience managing events has shown 7.96(g)(1) and refer to the activities the same manner. that some demonstrations have elements listed in section 2.50(a) instead. Even The NPS proposes to streamline these that are special events. The NPS though the description of special events regulations by defining the term specifically seeks comments on how it in section 2.50(a) and the definition of ‘‘events,’’ which would mean both might further differentiate between the ‘‘special events’’ in section 7.96(g)(1) are demonstrations and special events, as demonstration element(s) and the worded differently, the NPS does not those terms are defined in sections 2.50 special event element(s) of a single regard them as substantively different. and 2.51. This definition will also activity. What factors should the NPS The NPS does not consider referring to include a statement that events do not consider when differentiating between the part 2 terminology as a definition in include casual park use by visitors or the demonstration and special event section 7.96(g)(1) to be a substantive tourists that is not reasonably likely to elements of a single activity? How change to the meaning of special events. attract a crowd or onlookers. This caveat should the NPS regulate activities that The description in section 2.50(a) is is included in both current definitions have elements of demonstrations and broad enough to include celebrations, of ‘‘demonstration(s)’’ in parts 2 and 7 special events? The NPS seeks historical reenactments, entertainments, and in the current definition of ‘‘special comments on the definitions and exhibitions, parades, fairs, and festivals, event’’ in section 7.96. The NPS treatment of demonstrations and special which are part of the current definition proposes to replace the existing phrase events. What additional factors should in section 7.96(g)(1) but not part of the ‘‘which does not have an intent or the NPS consider when determining description of special events in 2.50(a). propensity,’’ which is used in the whether an activity is a demonstration The description in section 2.50(a) is also definition of ‘‘special events’’ in section or a special event? broad enough to include other events, 7.96, with the phrase ‘‘that is not 3. Move the Definition of ‘‘Structure’’ to such as marathons, that are common reasonably likely,’’ which is used in the the Definitions Section in 7.96(g)(1) within the National Mall and Memorial definitions of ‘‘demonstration(s)’’ in Parks. The statement in the definition in parts 2 and 7. The NPS prefers to have Section 7.96(g)(5)(ix) contains section 7.96(g)(1) that special events one standard for determining what regulations that apply to Lafayette Park. include events presented by the NPS constitutes casual park use and believes These regulations prohibit the erection, would be moved to a new definition of the ‘‘reasonably likely’’ standard is more placement, or use of structures of any ‘‘events’’ that is explained below. This objective and easier to understand than kind except for those that are hand- means that the NPS will continue to a standard that requires NPS law carried and certain speakers’ platforms issue permits for NPS-sponsored events enforcement staff to discern the intent of depending upon the size of the like the Fourth of July Celebration as a a person or group. This would provide demonstration. In order to understand means of reserving park lands for these greater clarity to the public about what what is prohibited, the regulations events. types of activities are subject to the define the term ‘‘structure’’ in section The definition in section 7.96 states regulations in section 7.96. The NPS 7.96(g)(5)(ix)(A)(4). The definition that special events are those activities will retain use of the terms includes most items that could be that do not qualify as demonstrations. ‘‘demonstrations’’ and ‘‘special events’’ erected or placed within the park, with This affects how the event is managed in certain locations within section 7.96 limited exceptions for signs, attended

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bicycles and baby strollers, and event without the need for a medical may erect without a permit by stating wheelchairs and other similar devices. station with advanced life support is that speakers’ platforms must be no The NPS proposes to move the 2,500 for each location. This number larger than three (3) feet in length, three definition of ‘‘structure’’ from section represents the outer limit of how many (3) feet in width, and three (3) feet in 7.96(g)(5)(ix)(A)(4), to the definitions people could demonstrate in each height. This size limitation is consistent section in 7.96(g)(1). This would clarify location without a permit in order to with existing regulations that allow the that the definition of the term maintain public safety. If the NPS raises NPS to issue a permit for ‘‘soapbox’’ ‘‘structure’’ applies anywhere that term the maximum numbers of persons that speakers’ platforms in Lafayette Park if is used in section 7.96. This includes may demonstrate in Franklin Park, the size of the demonstration is less section 7.96(g)(5)(vi), which regulates McPherson Square, Farragut Square, or than 100 persons. The proposed rule the use of structures in connection with Dupont Circle without a permit, these would also clarify that individuals and demonstrations and special events numbers would be less than 2,500 in groups of less than 25 may erect other located within any unit identified in order to maintain public order, health, structures, including larger speakers’ section 7.96(a). This includes the and safety, and mitigate impacts to park platforms, if they obtain a permit. National Mall and Memorial Parks and resources. The NPS seeks comment, In five park areas within the NCR, President’s Park. This change would however, on whether the numbers could current regulations allow for larger reduce the potential for confusion about be raised in a manner that better aligns demonstrations to occur without a the meaning of the term ‘‘structure’’ in the current limits with sizes and permit, provided the demonstrations section 7.96. The existing definition in locations of the designated areas in involve less than a maximum number of 7.96(g)(5)(ix)(A)(4) has proven to be order to increase opportunities for participants. These five parks are workable and clearly understood. spontaneous demonstrations. Franklin Park (500 person limit), Moving the term to the definitions Alternatively, the NPS seeks comment McPherson Square (500 person limit), section would make it easier for the on whether it should lower the numbers U.S. Reservation No. 31 at 18th Street public to find and understand the of persons that may demonstrate in and H Street NW (100 person limit), meaning of this term. The NPS proposes Franklin Park, McPherson Square, U.S. Rock Creek and Potomac Parkway west to add trailers, jumbotrons, light towers, Reservation No. 31, and Rock Creek and of 23rd Street and south of P Street NW delay towers, portable restrooms, and Potomac Parkway without a permit. The (1,000 person limit), and U.S. mobile stages to the definition of a NPS would not lower those numbers Reservation No. 46 at 8th and D Streets, structure because these items are below 25 persons which is consistent SE (25 person limit). Unlike the commonly requested as part of larger the small group exception. Lowering regulations for demonstrations falling events. those numbers would allow the NPS to under the small group exception, the better manage and anticipate regulations establishing the permit 4. Consider Changing the Number of demonstrations occurring on NPS- exception areas at Franklin Park, People That Could Take Part in a administered lands. McPherson Square, U.S. Reservation No. Demonstration Without a Permit at 31, Rock Creek and Potomac Parkway, Specific Locations 5. Require a Permit for the Erection of and U.S. Reservation No. 46 do not Structures During a Special Event or Section 7.96(g)(2) states that a prohibit the use of structures. As a Demonstration Regardless of the demonstration or special event may be result, demonstrations involving the use Number of Participants held only pursuant to a valid permit. of structures are allowed without a There are some important exceptions, The NPS proposes to require a permit permit in these five areas if they fall however, for demonstrations. in order to erect structures, other than under the size limits. Demonstrations involving 25 persons or small lecterns or speakers’ platforms, The NPS has determined that the fewer may be held without a permit. during any demonstration or special absence of a permit requirement before This exception in section 7.96(g)(2)(i) is event—even those demonstrations that erecting a structure in these five parks known as the ‘‘small group exception.’’ would not otherwise require a permit poses a negative impact to park In addition to the small group because of their small size or location. resources and visitor safety. Without a exception, section 7.96(g)(2)(ii) Current regulations generally require a permit, demonstrators erecting identifies several locations where permit to hold a demonstration or structures are not aware of the location demonstrations of larger groups may be special event in the NCR. These of any underground water lines in turf held without a permit. Up to 500 regulations allow a permit-holder to areas, or when and what type of matting persons may demonstrate at Franklin erect structures to meet messaging and may be necessary to protect turf, marble, Park and McPherson Square without a logistical needs. In some circumstances, or granite, or ensure that the structure permit, up to 100 persons may NPS regulations allow smaller is safe. demonstrate at U.S. Reservation No. 31 demonstrations to occur without a There was a long-term demonstration without a permit, and up to 1,000 permit. at McPherson Square in 2012, where persons may demonstrate at Rock Creek Demonstrations involving 25 or less among other actions, demonstrators and Potomac Parkway without a permit. participants fall under the ‘‘small group attempted to erect a large and unsafe The NPS seeks comment on whether exception’’ and do not require a permit. barn-like structure made up of a wooden it should increase the maximum number Except for Lafayette Park (where only frame of boards and planks. A permit of persons that may demonstrate at speakers’ platforms are allowed in was not required because the size of the Franklin Park and McPherson Square accordance with a permit) and the demonstration was less than 500 people. without a permit. The NPS also requests White House Sidewalk (where no Construction was stopped when U.S. comment on whether it should establish structures are allowed), current Park Police officers observed the new exceptions for Farragut Square and regulations state that demonstrations situation and consulted local safety Dupont Circle that would allow falling under the small group exception officials who condemned the structure demonstrations larger than 25 persons may not erect structures other than as unsafe. The same demonstration to occur without a permit. The NPS has small lecterns or speakers’ platforms. involved a large number of tents of determined that the maximum number This proposed rule would further define various sizes, including dome, A-frame, of persons that can participate in an the types of structures that small groups and outfitter tents, that covered a

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majority of the Square. Demonstrators the permit, monitoring the permitted 7. Establish Permanent Security Zones used these tents for sleeping, meetings, use, restoring park areas, or otherwise at President’s Park Where Public Access as a library, as temporary restroom supporting a special park use. Under is Prohibited facilities (with buckets), and as a mess current NPS policy, the NPS does not Section 7.96(g)(3)(i) allows the NPS to hall (with propane), These tents and the charge cost recovery if the proposed issue permits for demonstrations on the individuals using them created a public activity is an exercise of a right, such as White House sidewalk, Lafayette Park, health nuisance that detracted from a demonstration. In current practice, the and the Ellipse. Permits may not be health and well-being. NPS personnel NPS recovers costs associated with issued for special events in these and participants reported human waste special events, but not demonstrations. locations, except for the Ellipse and for found around tents or in trash The NPS recovers an application annual commemorative wreath-laying receptacles. Rodent burrows were processing fee and is in the process of ceremonies related to statues in observed and rodents were reported Lafayette Park. Although the regulations seen at night. Flammable liquids were developing a more robust cost recovery allow for demonstrations and special observed outside of tents. Ultimately the program that would allow the NPS to events in some of these locations, the NPS was able to remove these recover additional costs associated with NPS has temporarily closed to general structures, after receiving many special events, including administrative, public access certain park areas in the complaints from surrounding residents equipment, and monitoring costs. vicinity of the south fence line of the and businesses, and documentation of Demonstrations can have substantial White House and in and around First unsafe and unhygienic conditions at impacts on resources, resulting in a Division Memorial Park and Sherman McPherson Square. The U.S. Park Police financial burden to the federal Park. The United States Secret Service requested and spent approximately government, particularly where $480,000 for emergency operations to requested these closures to ensure structures are involved. The NPS necessary security and safety for the maintain law and order in connection specifically seeks comment on the with this event. This amount does not adjacent White House complex, its merits of recovering costs associated occupants, and the public. The NPS include additional funds that the NPS with permitted demonstrations, and on spent to restore and rehabilitate the proposes to close these areas in the how any cost recovery should be done. condition of the park after the event. manner requested by the United States This incident revealed that requiring a The NPS seeks comment on how it Secret Service by adding closure permit would better protect park could establish a set of clearly defined, language to section 7.96. resources and keep visitors safe when objective categories and criteria in For the areas in the vicinity of the structures are erected—no matter the advance for what costs would be south fence line, the Secret Service size of the demonstration. recovered. These categories could determined that their location, Without a permit requirement, NPS include direct costs associated with visibility, and public access present a managers are less informed about the event management (other than costs for significant potential area of risk for presence of structures and therefore in law enforcement personnel and individuals attempting to penetrate the many cases are unable to ensure public activities), set up and take down of secure perimeter of the White House safety, address traffic concerns, and structures; material and supply costs Complex and gain unlawful access onto protect park resources. Requiring a such as barricades and fencing needed the grounds of the White House. Restricting public access to the south permit for structures—no matter the size for permitted activities; costs for the fence line would not only serve to of the demonstration—would allow NPS restoration, rehabilitation, and clean-up lessen the possibility of individuals staff to work with permit applicants of a permitted area such as sanitation unlawfully accessing the White House regarding their proposed structure and and trash removal; permit application address legitimate concerns about grounds, but will also create a clear costs; and costs associated with resource visual break to enable Secret Service visitor safety and resource protection. A damage such as harm to turf, benches, permit would not be required for small personnel to identify any individuals poles, and walkways. The NPS requests lecterns, speakers’ platforms, portable attempting to scale the White House comment on whether it should establish signs, or banners because these items do fence. The NPS implemented this not raise the same concerns about an indigency waiver for permittees who closure on a temporary basis in April public health, safety, and resource cannot afford to pay cost recovery, and 2017 under its authority in 36 CFR 1.5. protection. A permit would not be how this waiver program could be For the areas in and around the First required for individuals engaging in implemented to safeguard the financial Division Memorial Park and Sherman casual park use with objects such as information of permittees. The NPS is Park, the Secret Service determined that small chairs, wheelchairs, picnic interested only in how this waiver could parts of these areas must be kept clear shelters, beach umbrellas, or small be applied to permitted demonstrations, for security reasons. The First Division tables because this activity would not be not special events. The NPS seeks area has been subject to closures on a considered an event under the comment on how it could implement temporary and recurring basis since regulations. protocols to ensure that costs recovered August 11, 2004. The Sherman Park area has been subject to closures on a 6. Consider Requiring Permit Applicants from administering permits associated with demonstrations are documented temporary and recurring basis since To Pay Fees To Allow the NPS To December 4, 2009. Neither Recover Some of the Costs of and assessed to permittees in a uniform and appropriate manner. If the NPS demonstrations nor special events are Administering Permitted Activities That currently allowed in these areas, so this Contain Protected Speech decides to recover some costs associated with permit applications for rule change would not remove these The NPS has the authority to recover areas from the public forum. State Place demonstrations, it requests comment on all costs of providing necessary services and Hamilton Place have been closed to how it could provide reasonable associated with special use permits. 54 general vehicle traffic for some time. U.S.C. 103104. This authority allows the advance notice to permittees about the Even with these closures in place, the NPS to recover all costs incurred by the types and amounts of costs that could be public can continue to see the White NPS in receiving, writing, and issuing recovered. House’s south fac¸ade from the Ellipse.

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The closures would not adversely affect Mall and Memorial Parks headquarters Freedom Wall appears the simple but the park’s natural, aesthetic, or cultural at 900 Ohio Drive SW, Washington, DC poignant engraved message: ‘‘Here We values given the existing and ongoing 20024. Mark the Price of Freedom,’’ which pays public safety and security measures and The rule would make slight silent and solemn tribute to those who alerts in Washington, DC since the modifications to the restricted area at paid the ultimate sacrifice. Much like a September 11, 2001, terrorist attacks. the Vietnam Veterans Memorial in order formal gathering where the guest or to help the NPS manage events. These place of honor is at center, the Freedom 8. Establish Additional Restricted Zones modifications would slightly scale back Wall with its gold stars is the at Memorials on the National Mall the areas where sound and stage Memorial’s place of honor, which Where Special Events and equipment are currently not allowed. symbolizes the number of American Demonstrations Are Not Allowed in This would allow for other groups to dead and missing from World War II. Order To Preserve an Atmosphere of walk on the exterior pathways and place The restricted area would be located in Contemplation equipment along the reflecting pool for front of the Freedom Wall and extend to Memorial Restricted Areas larger events. In addition, the striped the western edge of the Rainbow Pool. restricted areas—where demonstrations This rule would create restricted areas and special events are currently Korean War Veterans Memorial at the World War II Memorial, the prohibited—would be scaled back to the Korean War Veterans Memorial, and the Authorized by an Act of Congress at inside of the north and west sidewalks Martin Luther King, Jr. Memorial. 110 Stat. 3226 (1986), the Korean War on the top of the wall. Demonstrations and special events Veterans Memorial honors members of would be prohibited in these restricted World War II Memorial the Armed Forces of the United States who served in the Korean War. areas, except for official commemorative Authorized by an Act of Congress at Dedicated on July 27, 1995, the ceremonies. These restricted areas are 107 Stat. 90 (1993), the World War II Memorial is located on the National similar to the restricted areas at the Memorial honors the service of sixteen Mall just south of the Lincoln Reflecting Lincoln Memorial, the Thomas Jefferson million members of the Armed Forces of Pool. Viewed from above, the Korean Memorial, the Washington Monument, the United States of America, the War Veterans Memorial is a circle and the Vietnam Veterans Memorial, support of millions of others on the which were established decades ago and homefront, and the ultimate sacrifice of intersected by a triangle. Visitors are intended to help maintain an more than 400,000 Americans. approaching from the east first come to appropriate atmosphere of calm, Dedicated on May 29, 2004, the World the triangular Field of Service, where a tranquility, and reverence in these War II Memorial serves as a tribute to group of 19 stainless-steel statues memorial areas, while allowing the legacy of ‘‘The Greatest Generation.’’ depicts a squad on patrol. Strips of designated official commemorative The granite, bronze, and water elements granite and scrubby juniper bushes ceremonies. NPS regulations of the Memorial harmoniously blend suggest the rugged Korean terrain, while establishing the restricted area at the with the lawns, trees, and shrubbery of the statues’ windblown ponchos recall Thomas Jefferson Memorial were the surrounding landscape on the the harsh weather. This symbolic patrol upheld in Oberwetter v. Hilliard, 639 National Mall. represents soldiers from a variety of F.3d 545 (D.C. Cir. 2011). This rule The 24 bronze bas-relief panels that ethnic backgrounds in the U.S. Air would also expand the restricted area at flank the Memorial’s Ceremonial Force, Army, Coast Guard, Navy, and the Washington Monument to account Entrance offer glimpses into the human Marines. for the area around the Monument’s experience at home and at war. Fifty-six On the north side of the statues is a base that has been substantially granite columns, split between two half- granite curb which lists the 22 countries landscaped with granite pavers and circles framing the rebuilt Rainbow Pool that sent troops or gave medical support marble benches up to its circle of flags. with its celebratory fountains, in defense of South Korea. On the south The rule would also include clearer symbolize the unprecedented wartime side is a black granite wall, whose maps of the existing restricted areas at unity among the forty-eight states, seven polished surface mirrors the statues, the White House, the Lincoln Memorial, federal territories, and the District of intermingling the reflected images with and the Thomas Jefferson Memorial. Columbia. Bronze ropes tie the columns faces etched into the granite. The mural The updated map of the restricted areas together, while bronze oak and wheat is based on actual photographs of at the White House would depict the wreaths represent the nation’s industrial unidentified American soldiers, sailors, proposed security closures discussed in and agricultural strengths. Two 43-foot airmen, and marines. Walking past the the prior section. tall pavilions proclaim American Field of Service, visitors approach the These restrictions further the NPS’s victory on the Atlantic and Pacific circular Pool of Remembrance. The Pool interest in securing these memorials and fronts. is encircled by a grove of trees and maintaining the intended atmosphere of At the center of the World War II provides a quiet setting for calm, tranquility, and reverence, and in Memorial is the Freedom Wall Plaza. contemplation. The numbers of those providing the contemplative visitor The Freedom Wall is located on the killed, wounded, missing in action, and experience intended for the memorials. west side of the Plaza. The Wall held prisoner-of-war are etched nearby The restrictions in this rule are limited contains 4,048 Gold Stars, each of in stone. Opposite this counting of the and apply only to those areas necessary which represents 100 American military war’s toll is another granite wall which to further the interests identified above. deaths. During World War II, when a bears a simple but poignant engraved At each location, there are several other man or woman went off to serve in the message inlaid in silver: ‘‘Freedom Is nearby areas available for a more full war, his or her family often displayed a Not Free.’’ The restricted area would range of free expression, including blue star on a white field with a red encompass most of the Memorial. The demonstrations and special events. border in their window. If the family perimeter of the restricted area would be Maps showing the location of restricted member died in the war effort, the marked by the exterior walkways and by areas would be available online at family would replace the blue star with the placement of ground-level markers https://home.nps.gov/nama/learn/ a gold star that revealed that family’s to mark its eastern boundary, similar to management/index.htm and at National sacrifice. Beneath the gold stars on the markers identifying the eastern

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boundary of the restricted areas at the Dedicated in 1884, the Washington the Monument because of the obelisk’s Vietnam Veterans Memorial. Monument shows the enduring limited occupant capacity and hours of gratitude and respect held by the operation. Martin Luther King, Jr. Memorial citizens of the United States for 9. Modify Regulations Explaining How Authorized by an Act of Congress at President Washington and his the NPS Processes Permit Applications 110 Stat. 4157 (1986), the Martin Luther contributions to the fight for for Demonstrations and Special Events King, Jr. Memorial was dedicated on independence and founding of our October 16, 2011. The Memorial helps Nation. The Washington Monument is Sections 7.96(g)(3) and (4) describe preserve the memory of Dr. King as a surrounded by a circular colonnade of how the public can submit a permit visionary, a faith leader and public 50 aluminum flagpoles that display application to the NPS for a intellectual, an unwavering advocate of American flags. These flags represent demonstration or special event, and social justice, and a martyr to peace, the 50 states and are displayed at all how the NPS will process that equality, and justice. On the steps of the times during the day and night to application. The NPS proposes to make nearby Lincoln Memorial, a clear symbolize our enduring freedom. several changes to these regulations in symbol of freedom, Dr. King delivered In 2014, the Washington Monument order to provide greater clarity and his first national address, ‘‘Give Us the plaza and its marble benches were certainty to the public about how the Ballot’’ in 1957. He returned to the rehabilitated with the installation of NPS processes permit applications. Lincoln Memorial as a key figure granite pavers that extend from the Applying for a commercial filming supporting the 1963 March on Monument to the circle of flags. From permit at the National Mall and Washington. There, in the defining the Washington Monument plaza, Memorial Parks and President’s Park is moment of his leadership in the visitors can also see grand vistas south governed by regulations in 43 CFR part movement for civil rights, Dr. King to the Thomas Jefferson Memorial, east 5, which are not affected by this delivered his immortal ‘‘I Have a to the Capitol, north to the White House, proposed rule. Dream’’ speech. and west to the Lincoln Memorial. Waiver of 48-Hour Permit Application The Memorial is located on the banks When the current restricted area for Deadline of the Tidal Basin between the Lincoln the Washington Monument was and Thomas Jefferson Memorials and established, there was an inner circle Section 7.96(g)(3) requires that accentuates Dr. King’s story within the surrounding the base of the Monument applicants submit permit applications at larger narrative of the nation. The that was encircled by a roadway. The least 48 hours in advance of any Memorial encompasses four acres, and restricted area included the inner circle demonstration or special event. Under comprises elements of architecture, and extended to the roadway. This took existing regulations, this requirement water features, sculpture and advantage of an obvious physical can be waived by the Regional Director inscriptions, that together create a sense boundary to mark the edge of the if the size and nature of the activity will of place and a setting for remembrance restricted area. The roadway was not reasonably require the commitment and celebration. At the north entry removed in 2001 and is now covered by of park resources or personnel in excess portal, the Mountain of Despair’s two the granite plaza that was completed in of that which are normally available or stones are parted and the Stone of Hope 2014. This granite plaza extends from which can reasonably be made available is pushed forward toward the horizon; the Monument beyond the old location within the necessary time period. The the missing piece of what was once a of the roadway out to the circle of flags. NPS proposes to replace this waiver single boulder. The emergent Stone of In order to provide certainty to the language by stating that notwithstanding Hope represents the struggle felt by Dr. public about the extent of the restricted the 48-hour requirement, the Regional King whose image is carved in it and area, and to allow more visitors to Director will reasonably seek to gazes over the Tidal Basin toward a experience the grand vistas south to the accommodate spontaneous future society of justice and equality. Thomas Jefferson Memorial, east to the demonstrations, subject to all The quotations chosen for the plaza’s Capitol, north to the White House, and limitations and restrictions applicable to Inscription Walls represent Dr. King’s west to the Lincoln Memorial, the NPS the requested location, provided such messages of justice, democracy, hope, proposes to expand the restricted area demonstrations do not include and love. Fourteen of Dr. King’s quotes outward approximately 48 feet to structures and provided the NPS has the are engraved on a 450-foot crescent include the entire granite plaza that resources and personnel available to shaped granite wall. These quotes span surrounds the Monument out to the manage the activity. Reactions to his involvement with the Montgomery circle of flags. Visitors would thus be specific or imminent occurrences, bus boycotts in Alabama in 1955 to his able to readily identify the expanded including but not limited to a last sermon delivered at the National restricted area because it is delineated presidential action, congressional vote, Cathedral in Washington, DC, in 1968, by the circle of flags which is marked by or Supreme Court decision, often result four days before his assassination. The a post and chain fence that surrounds in requests for spontaneous restricted area would encompass almost the plaza. The granite plaza is also a demonstrations. Adding this statement all of the plaza in the Memorial that different material than the concrete would provide more flexibility for begins when the visitor emerges from sidewalks that lead to it. The NPS spontaneous demonstrations, while the portal through the Mountain of believes it is important to reserve the allowing the Regional Director to ensure Despair. entire granite plaza as a place where an that the NPS and the U.S. Park Police atmosphere of calm, tranquility and have the law enforcement capacity to Washington Monument reverence is maintained, so that visitors safely manage events that are requested The Washington Monument honors may contemplate the meaning of the with less than 48-hours notice. The both the nation’s first President and his Monument and of George Washington, proposed language would clarify for the legacy. Built between 1848 and 1884, while leaving ample space nearby for public that structures may not be used the Monument is the nation’s foremost demonstrations and special events. For for events that are not requested at least memorial to President Washington and many people, standing in the granite 48 hours in advance. This is the the tallest masonry structure in the plaza or sitting on one of its marble minimum amount of time the NPS world at approximately 555 feet tall. benches will be as close as they get to needs to evaluate the safety concerns

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and resource impacts associated with the NPS would notify the applicant that existing regulations, an application for a the use of structures. the permit application has been demonstration is deemed granted, based characterized in one of three ways: on language in the decision in Quaker Removal of 24-Hour Deemed Granted Approved, Provisionally Reserved, or Action IV, 516 F.2d 717 (1975), unless Status for Demonstrations Denied. The NPS anticipates that this the NPS denies the application within Section 7.96(g)(3) states that notification will be in the form of an 24 hours. In this way, permit applicants applications for demonstrations are electronic communication (e.g. text can understand the status of their deemed granted, subject to all message, email) indicating the category application for a demonstration within limitations and restrictions applicable to of disposition and—if the application is 24 hours, although applications that are the park area, unless denied within 24 provisionally reserved—stating that the deemed granted remain ‘‘subject to all hours of receipt. Permit applications NPS will follow-up with the applicant limitations and restrictions applicable to that are ‘‘deemed granted’’ after this 24- for more information. If the NPS fails to said park area.’’ The NPS proposes to hour period remain subject to terms and send the electronic communication to extend the timeframe for either denying conditions that are negotiated between the permit applicant within three an application for a demonstration or the applicant and the NPS. This business days of receiving the providing an applicant a reservation of negotiation can result in the permit application, then the permit application space from 24 hours to three business application being denied, partially will be approved. The NPS anticipates days. This would account for the denied, or modified by the NPS as it that it will use electronic substantial increase in the volume and receives more information from the communication with applicants in order complexity of permit applications over permittee about the requested event. to provide more rapid and timely time. In 1975, for example, the NPS This is particularly the case when information. The NPS proposes to processed 705 permit applications for applicants request permits for large and clarify in the regulations that only those demonstrations and events located complex demonstrations with structures applications that contain basic within NPS units subject to section 7.96. that raise resource and public safety information about the event (location, In 1976, the NPS processed 876 concerns. In some cases, the NPS time and date, purpose and plan for the applications. By comparison, the NPS receives information from the applicant event, number of people who will processed 2,986 permit applications in in the weeks or days before the event participate, and contact information) 2016, plus an additional 800 begins. This can result in the NPS will be subject to the three-business day commercial filming permits for imposing permit terms and conditions initial response period. Applications television and motion pictures. In 2017, just before the event in order to mitigate that do not contain this information the NPS processed 4,658 permit concerns related to park resources and prevent the NPS from making an initial applications for demonstrations, special public order and safety. The result is determination about their status. The events, and commercial filming. In the that permit applications that have been NPS would notify applicants if their last ten years, the NPS processed an ‘‘deemed granted’’ are often times applications do not contain enough average of almost 3,000 permits per subject to a lengthy review process that information to make an initial year, including demonstrations, special can be confusing for permit applicants. determination and would identify the events, and commercial filming. The NPS proposes to remove the information that must be provided. Requested events have become more ‘‘deemed granted’’ language in section Applications for special events will complex with advancements in staging, 7.96(g)(3) and replace it with language not be subject to this requirement and structures, and audio-visual technology. in section 7.96(g)(4) that better reflects therefore will not be considered The increased complexity of events is how the NPS processes permit approved after any specified period of reflected in the personnel services costs applications. These changes are time. The NPS will respond to necessary to manage them. On average, discussed below. applications for special events as soon permit processing activities require Timeline To Respond to an Application as practicable given the workload and more than five full time employees at a available resources in the Division of cost of $700,000 per year. Events such Section 7.96(g)(4)(1) states that the Permits Management when the as running and bicycle races cost the NPS processes permit applications for application is received. The NPS will United States Park Police an average of demonstrations and special events in provide an opportunity for the applicant $40,000 per event. More complex events order of receipt. This regulation also to characterize the event as either a are much more expensive. For example, states that the NPS will not accept demonstration or a special event. The the United States Park Police spent applications more than one year in NPS, however, will apply the approximately $500,000 to manage the advance of a proposed event (including definitions of demonstration and special opening of the National Museum of set-up time). An application is event to determine the type of activity African American History and Culture. considered received at the time and date requested by a permit application for The United States Park Police and the stamped on the application by a staff purposes of whether an initial response National Mall and Memorial Parks staff member of the NPS Permits must be provided within three business spent approximately $730,000 to Management Division. Applications are days. For events that contain elements manage the HBO Concert for Valor in only stamped if they contain basic of both demonstrations and special November 2014 and approximately information about the requested event. events, only the demonstration elements $350,000 to manage the Landmark At minimum, an application must will be approved if the NPS fails to Music Festival in September 2015. provide the location, purpose and plan notify the applicant that those elements for the event, time and date, number of are either provisionally reserved or Categories for the Disposition of Permit people who will participate, and contact denied within three business days. Applications information. Instead of the 24-hour The NPS believes that the increased The NPS proposes that applications ‘‘deemed granted’’ provision, the NPS volume and complexity of applications for demonstrations and special events proposes that it will provide an initial for events necessitates an increase in the would be initially categorized in one of response for all permit applications for amount of time it has to provide three ways: Approved, Provisionally demonstrations within three business information back to the applicant about Reserved, or Denied. The NPS proposes days of receipt. Within that time frame, the status of a particular request. Under to process applications in each category

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differently, as described below. The Park Police supervisory official in consider modifying its application for NPS believes that these categories will charge to revoke a permit or part of a the requested event, the NPS would provide more information to the public permit for any violation of its terms or work with the applicant to modify the about the status of their applications conditions, or if the event presents a application in a manner that it could be than is provided by the existing clear and present danger to the public approved or provisionally reserved. regulations. safety, good order, or health, or for any Modifications could include fewer If the NPS approves a permit violation of applicable law or participants, less staging, a different application, the NPS would send a regulation. Any such revocation shall be footprint for the event, different permit to the applicant for the specific in writing. The NPS exercises discretion structures incident to it, a different date event requested as soon as practicable. when faced with minor violations of or time of day or the order of the event, The permit would contain terms and permit conditions and seeks to work or an alternative location that could conditions that would not be subject to with permittees to resolve such accommodate the requested event. In change or negotiation. The permit could violations prior to revoking a permit. this case, the applicant would not be contain conditions reasonably The NPS seeks comment on whether the required to submit a new application. consistent with the requirements of regulations should state that it may only The modified application would be public health and safety and protection revoke a permit for ‘‘material’’ processed based upon the date it was of park resources. The permit could also violations of permit conditions. contain reasonable limitations on the If the NPS categorizes a permit initially received by the NPS. If the equipment used and the time and area application as provisionally reserved, applicant is not willing to modify its within which the event is allowed. A the NPS would reserve the requested application in a manner and with permit for a special event could also location, date, and time for the enough advance notice that would allow require the applicant to file a cost applicant, but would not approve the the NPS to accommodate the event, the recovery deposit in an amount adequate application and issue a permit until it application would be denied. to cover costs such as restoration, receives additional information. During 10. Adopt Criteria in 36 CFR Part 2 for rehabilitation, and clean-up of the area the provisionally reserved stage, the Reviewing Permit Applications That used, and other costs resulting from the NPS would work diligently to resolve Apply to Other NPS Areas. Remove event. In addition, a permit for a special all outstanding questions in order to Redundant Criteria in 7.96 event may require the acquisition of determine whether the request can be liability insurance in which the United approved or denied. If the NPS receives Sections 7.96(g)(4)(vii) and (5)(v) States is named as co-insured in an an application more than 60 days prior contain criteria that the Regional amount necessary to protect the United to the requested event, the NPS would Director can use to approve or deny States. The NPS would reasonably seek provide the applicant with an initial, permit applications for events within to accommodate requests from the comprehensive list of outstanding issues the NCR. Sections 2.50(a) and 2.51(f) applicant for changes to the permitted and requested information no later than contain criteria that park event after the permit application has 40 days prior to the requested event. If superintendents can use to approve or been approved. Minor changes may not not provided on the initial application, deny permit applications for events in require the establishment of new permit the NPS would likely ask for other units of the National Park System. conditions. The NPS may require the information about equipment and Several of the criteria in parts 2 and 7 applicant to agree to new permit facilities to be used, and whether there are similar to each other. In order to conditions in order to accommodate is any reason to believe that there will simplify and streamline its regulations, material changes such as changes to the be an attempt to disrupt, protest, or the NPS proposes to remove criteria nature and purpose of the event, the prevent the event. The NPS could from section 7.96 and instead refer to location of the event, the type and request additional information from the similar criteria stated in sections 2.50 number of structures involved, or the applicant based upon the applicant’s number or notoriety of participants. response to the initial list. This and 2.51. In some circumstances, Existing regulations allow the ranking exchange of information could occur however, the NPS would maintain the U.S. Park Police supervisory official in through written correspondence, or criteria in section 7.96 if those criteria charge to revoke a permit or part of a through one or more logistical meetings address particular management issues permit for a demonstration if among the NPS and the applicant. The associated with the NCR. The rule continuation of the event presents a NPS would make all reasonable efforts would clarify that even where the clear and present danger to the public to approve or deny a permit application criteria in section 2.50 and 2.51 are safety, good order or health or for any at least 30 days in advance of a adopted in section 7.96, the Regional violation of applicable law or requested event. Permit applicants Director—not the park superintendent— regulation. Existing regulations allow would be required to provide the NPS has the authority to approve or deny the Regional Director to exercise with all requested information before permit applications for units that are reasonable discretion to revoke a permit the NPS approves or denies an subject to section 7.96. This authority is for a special event at any time. The NPS application. currently delegated to the Permits is replacing these two standards of If the NPS denies a permit Management Division at the National revocation with one, uniform standard application, it would notify the Mall and Memorial Parks. The table that applies to both demonstrations and applicant in writing that it is unable to below indicates the criteria that would special events. This will give permit accommodate the requested event. The apply to special events and holders more certainty about the NPS would notify the applicant if the demonstrations within the NCR and the validity of their permit and the application could be approved or citation where those criteria are located conditions that could result in its provisionally reserved if certain aspects in existing regulations. These criteria revocation. The NPS proposes to allow of the request are modified. If the help the NPS address the management the Regional Director or the ranking U.S. applicant notifies the NPS that it would issues indicated in the table.

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Criterion Existing citation Management issue

Demonstrations and Special Events

A fully executed prior application for the same time and place has been received, and a 7.96(g)(4)(vii)(A) ...... Multiple Occupancy. permit has been or will be granted authorizing activities which do not reasonably per- mit multiple occupancy of the particular area. The event is of such a nature or duration that it cannot reasonably be accommodated in 7.96(g)(4)(vii)(C) ...... Site Capacity and Suitability. the particular area applied for; the Regional Director shall reasonably take into ac- count possible damage to the park, including trees, shrubbery, other plantings, park installations and statues. The application proposes activities contrary to any of the provisions of this section or 7.96(g)(4)(vii)(D) ...... Conformity with Laws and other applicable law or regulation. Regulations. Present a clear and present danger to the public health and safety ...... 2.50(a)(5) ...... Public Health and Safety.

Special Events Only

Cause injury or damage to park resources ...... 2.50(a)(1) ...... Resource Impairment. Be contrary to the purposes for which the natural, historic, development and special use 2.50(a)(2) ...... Value Impairment. zones were established; or unreasonably impair the atmosphere of peace and tran- quility maintained in wilderness, natural, historic, or commemorative zones. Unreasonably interfere with interpretive, visitor service, or other program activities, or 2.50(a)(3) ...... Conflict with Park Oper- with the administrative activities of the NPS. ations. Substantially impair the operation of public use facilities or services of NPS conces- 2.50(a)(4) ...... Conflict with Concessionaire sioners or contractors. or Contractor Operations. Result in significant conflict with other existing uses ...... 2.50(a)(6) ...... Conflict with Other Uses. Whether the objectives and purposes of the proposed special event relate to and are 7.96(g)(5)(v)(A) ...... Mission Alignment. within the basic mission and responsibilities of the National Capital Region, National Park Service. Whether the park area requested is reasonably suited in terms of accessibility, size, and 7.96(g)(5)(v)(B) ...... Site Capability and Suit- nature of the proposed event. ability.

The NPS proposes to remove two needed for the reasons stated in the criteria in section 7.96 that apply only table below. to special events and are no longer

SPECIAL EVENTS ONLY

Criterion Existing citation Reason for removal

Whether the proposed special event can be permitted with- 7.96(g)(5)(v)(C) ...... The NPS seeks full cost recovery for special events and in a reasonable budgetary allocation of National Park should not bear costs associated with permitting, moni- Service funds considering the event’s public appeal, and toring, and supporting special event activities, other the anticipated participation of the general public therein. than those sponsored by the NPS. Whether the proposed event is duplicative of events pre- 7.96(g)(5)(v)(D) ...... The described area is too broad to consider when deter- viously offered in National Capital Region or elsewhere mining whether an event is duplicative of another event. in or about Washington, DC. This criteria does not account for events that are similar but held at different times. Applicants may request to have separate events in different locations with the NCR that commemorate the same figure or occasion.

11. Establish a Maximum Permit Period activities for the White House Sidewalk requests the use of structures such as of 30 Days, Plus a Reasonable Amount and Lafayette Park. In the Ellipse and all tents or stages, the NPS would consult of Time Needed for Set Up and Take other park areas, the permit validity the Turf Management and Event Down of Structures Before and After the period for inaugural activities is Operations Guide for the Mall, Lincoln Event December 7–February 10 for reasonable Memorial, Washington Monument, and and necessary set up and take down Thomas Jefferson Memorial to assess Section 7.96(g)(4)(vi) states that the activities for Pennsylvania Avenue potential impacts to park resources. The NPS will issue permits authorizing National Historic Site and Sherman NPS could limit the amount of time a demonstrations or special events for Park. structure may be allowed on turf to a seven days in the White House area The NPS proposes to adjust the period less than maximum period (except the Ellipse) and for four months permit validity period to an amount of duration, including for events presented in the Ellipse and all other park areas. time not to exceed 30 days, plus a by the NPS, in order to mitigate adverse The permit validity period is different reasonable amount of time necessary for impacts to the resources identified in for activities related to inaugural events. set-up and take down of structures the Guide. Upon request, the Regional In the White House area (except the associated with an event. The NPS will Director could renew a permit for Ellipse), the permit validity period for determine a reasonable amount of time additional, consecutive periods of 30 inaugural activities is October 24 for set-up and take down of structures days or less. Permittees would be through April 1 for reasonable and based upon information provided by the required to submit requests for renewals necessary set-up and take-down permit applicant. If a permit application to the NPS at least 10 days prior to the

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expiration of an existing permit. This 12. Identify Locations Where Structures setback for new buildings to ensure that would provide enough time for the NPS May Not Be Used, and Restrict the views along the east-west axis remained to check the availability of the location Height, Weight, Equipment, and unimpeded, and subsequent and issue the permit. Consistent with Materials of Structures When They Are development honored the National the applicable resource management Permitted During Special Events and Mall’s principal views. policies, the NPS proposes to require Demonstrations The construction of the Washington Monument itself established significant events with structures to move to a Significance of the Viewshed different location after the expiration of new views across the Mall, the city of The NPS administers some of the Washington, and the developing region, a permit in order to mitigate impacts to most spectacular and historically and became the focus of important resources such as turf and irrigation significant landscapes in the country. views from beyond the Mall. Other systems and historic and cultural vistas Visual characteristics are often central significant views were established as the within the NCR. The NPS could require, to a park area’s management and visitor landscape developed and incorporated in its discretion, events without experience, and visitors consistently into the principal view sheds or structures to be moved to a different identify scenic views as major reason for developed as new monuments, location if necessary to mitigate the visiting parks. The National Mall memorials, and buildings were same impacts. Historic District and the Washington constructed. The proposed change to the maximum Monument and Grounds Historic Congress has recognized the permit duration would establish a District are both listed in the National significance of the viewshed within the uniform regulatory scheme for all park Register of Historic Places at the National Mall and Memorial Parks and areas subject to section 7.96. The 30 day national level of significance. The President’s Park. The Commemorative permit duration period would apply to nominations for these Districts Works Act of 1986 (CWA) prohibits the emphasize how scenic views and vistas construction of commemorative works all events, even those that do not have contribute to the significance of these within an areas designated as the structures. This would simplify the historic properties. These include ‘‘Reserve’’ unless they are approved by regulatory framework and provide planned views along the principal the National Capital Memorial Advisory greater clarity to the public about the north-south and east-west axes of the Commission. The ‘‘Reserve includes the duration of permits. Reducing the National Mall, reciprocal views between great cross-axis of the National Mall, maximum permit duration period from major memorial sites, extended views extending from the United States four months to 30 days (plus time along contributing streets and avenues, Capitol to the Lincoln Memorial, and needed to setup and breakdown multidirectional views across from the White House to the Thomas structures) would also create more component landscapes, and periodic Jefferson Memorial. In 2003, Congress opportunities for applicants to apply for views of resources from circulation amended the CWA and stated as one of certain dates and locations within the routes, among others. its findings that the Reserve ‘‘is a National Mall and Memorial Parks and Pierre Charles L’Enfant developed his substantially completed work of civic President’s Park. The NPS expects the 1791 plan for the city of Washington art’’ and that its integrity should be number of permit applications to with keen attention to visual preserved. continue to increase over time. The relationships among the sites he In 2018, the NPS conducted a visual proposed change in maximum period dedicated to public buildings and impact analysis to assess the visual duration would increase opportunities monuments. Nowhere was that concept impacts of structures in various for a variety of groups and individuals more important than along the National locations within the National Mall and Mall, where views west from the U.S. Memorial Parks and President’s Park. to use the areas within the National Capitol and south from the White House The purpose of the study was to better Mall and Memorial Parks and intersected at a proposed equestrian understand the impact of structures President’s Park for demonstrations and statue of George Washington. The associated with demonstrations and special events. primary vista west from the U.S. Capitol events have upon the historical and Section 7.96(g)(5)(vi)(D) states that along L’Enfant’s ‘‘Grand Avenue’’ to the significant viewshed within the any structures used in a demonstration site for a proposed equestrian statue of National Mall and Memorial Parks and extending beyond the maximum George Washington intersected with President’s Park. Visual impacts were duration of a permit must be capable of views south from the White House. assessed using Geographic Information being removed upon 24 hours notice L’Enfant’s planned views also extended Systems (GIS) and were depicted in and the site restored, or, the structure beyond the statue to the Potomac River. both map form (viewshed analysis) and shall be secured in a fashion so as not The L’Enfant Plan is itself listed in the ground-level scenes (3D visualizations) to interfere unreasonably with the use of National Register of Historic Places. that included a simple block, virtual the park area by other permittees. The The McMillan (Senate Park) structure at specified locations and NPS proposes to remove this paragraph Commission Plan of 1901–02 also standing heights. The viewshed analysis focused on visual relationships, was used to demonstrate on maps because it would no longer be necessary adapting L’Enfant’s visual corridor as certain visitor view points from which if the maximum permit duration period the basis for their planning for the Mall a proposed structure may be seen. The is revised to include time for take down and advancing it to take in new 3D visualizations simulated potential of structures. If a structure poses a safety memorial sites. The McMillan observable, actual surroundings with a risk during a permitted event, the NPS Commission conceived of sites proposed structure included. The goal would have the authority to revoke the ultimately occupied by the Lincoln and of the visual impact analysis was to portion of the permit allowing for the Thomas Jefferson Memorials as the better understand how structures structure under paragraph (g)(6). termination of principal views from the associated with demonstrations and U.S. Capitol and the White House, special events within the National Mall respectively—creating the great cross and Memorial Parks and President’s axis of today’s National Mall. The Park could adversely impact the historic McMillan Plan also established a and cultural viewshed. The NPS made

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the following key conclusions from the The NPS also proposes to establish Washington Monument, and Thomas study: areas where structures would not be Jefferson Memorial in 2015. This Guide • The map analysis reinforces the allowed and other areas where is used by the NPS when it considers linear (north-south and east-west) structures would be allowed but subject the potential impacts of tents or nature of the dominant views within to maximum height restrictions. These temporary structures on turf areas and through the National Mall. proposed restrictions are based upon an within the National Mall and Memorial • The map analysis demonstrates evaluation of the visual impact analysis Parks. The Guide identifies non-turf how topography and vegetation explained above. This evaluation and areas such as walkways and hardscape influence visibility. the visual impact analysis are available panels as the preferred location for • There is a limited correlation online at https://home.nps.gov/nama/ events of all types, particularly events between visual impacts and selected learn/management/index.htm. A table using structures. The Guide allows the viewing points and structure points. explaining the proposed restrictions and NPS to permit structures on turf panels, • Viewable area maps reveal local a map identifying the restricted areas but subject to limitations stated in the versus broad/diffuse impacts to views. are found in the proposed rule. This Guide to protect the turf and promote • Analysis reveals that structures table relates solely to the use of public safety. Limitations include close to memorials and within primary structures at locations and times where restrictions about duration, weight, view corridors detract from the visitor events may be permitted under section equipment (e.g. stakes), and materials experience and alter the perception of 7.96. Structures are not allowed at any used for structures. The NPS consults the historically significant location if the requested event is not the Guide and implements appropriate characteristics of the landscapes of the allowed at that location. limitations on structures in the National Mall and President’s Park. In addition to the restrictions in the conditions of a permit. • Structures set back from major table, the rule would prohibit the use of Existing NPS regulations in section Memorials and substantially offset from structures within the drip line of any 7.96(g)(5)(vi)(C) allow the Regional primary views and vistas are less tree located in Lafayette Park or the Director to impose reasonable disruptive to the characteristics that Ellipse. This restriction is a long- restrictions upon the use of temporary make the National Mall and individual standing administrative practice of the structures in the interest of protecting memorials significant. NPS and is designed to protect the trees the park areas involved, traffic and The study suggests that locations that in these locations, which have cultural public safety considerations, and other are especially vulnerable to impacts and historic value. The drip line of a legitimate park value concerns. In order from the introduction of structures tree indicates the outer extent of the tree to provide more clarity to the public include (1) locations in close proximity root system. about the types of restrictions that may to major monuments and memorials; (2) be imposed, the proposed rule would The Turf Resource at the National Mall locations directly aligned with either of state that these restrictions may include and Memorial Parks the two primary east-west and north- permit conditions regarding structures south axes; and (3) elevated and open On January 24, 2013, Secretary of the that are consistent with the turf locations. The study suggests that there Interior Salazar issued Secretarial Order management and event operations are a number of potential structure 3326, ‘‘Management and Protection of guidance related to duration, weight, locations that would result in only the National Mall and its Historic equipment, and materials used. limited localized impacts. These Landscape.’’ Order 3326 recognizes the include (1) the area south of the National Mall as one of the most 13. Apply Existing Sign Restrictions (e.g. Reflecting Pool and its associated elm important landscapes in the United Supports, Dimensions) in President’s walks; (2) select locations within States and acknowledges that it Park to Other Locations Within the Constitution Gardens; and (3) the experiences extreme and increasing National Mall and Memorial Parks and quadrants of the Ellipse outside of the levels of use. The Order sets forth a President’s Park 150-foot north-south vista between the strategy for maintaining sustainable use Sections 7.96(g)(5)(vii) and (ix) White House and the Thomas Jefferson of the National Mall in lights of the contain restrictions on the use of signs Memorial. The proposed height volume of requests to use this area. Part or placards on the White House restrictions for structures in this rule are of this strategy prioritizes (1) increasing Sidewalk and in Lafayette Park. These based upon the NPS’s evaluation of the non-turf areas to better accommodate restrictions promote public safety, help visual impact analysis and are intended the use of temporary structures for secure sensitive locations, and mitigate to allow the public to use these open appropriate permitted activities; (2) adverse impacts to cultural and forums in a manner that mitigates developing a professional turf historical resources. The NPS proposes impacts to the significant viewsheds. management staff to identify and to apply these restrictions to events that implement best practices for turf plan to move from any location that is Proposed Height Restrictions management and to develop permits subject to the regulations in this section Section 7.96(g)(5)(vi) contains that take those turf management 7.96 to the White House Sidewalk or limitations regarding the use of concerns into consideration; and (3) Lafayette Park, and events that plan to structures in connection with permitted updating permit conditions to require move or do in fact move from the White demonstrations and special events. As the use of best practices that ensure House Sidewalk or Lafayette Park to discussed above, the NPS proposes to resource protection by addressing another location that is subject to the require a permit in order to erect permit conditions for the expected level regulations in this section 7.96, even structures, other than small lecterns or of attendance, duration of events, use of when those events are located outside of speakers’ platforms that would be turf areas, the size and layout of the White House Sidewalk or Lafayette allowed without a permit in most temporary structures, and the location Park. Applying these restrictions locations, during any demonstration or of structures on durable non-turf areas. outside of the White House sidewalk special event—even if those As part of the NPS’s implementation and Lafayette Park in these demonstrations would not otherwise of the Order, the NPS completed a Turf circumstances would create a more require a permit because of their small Management and Event Operations uniform regulatory scheme for the size. Guide for the Mall, Lincoln Memorial, public that will promote public safety

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and simplify event planning. People regulations must be based on the best taking implications under Executive participating in demonstrations often available science and that the Order 12630. This rule does not regulate begin in one park area where their signs rulemaking process must allow for uses of private property. A takings are compliant with existing regulations public participation and an open implication assessment is not required. and then move onto the White House exchange of ideas. We have developed Federalism (Executive Order 13132) sidewalk or into Lafayette Park where this rule in a manner consistent with their signs are no longer compliant. This these requirements. Under the criteria in section 1 of often results in negative interactions Reducing Regulation and Controlling Executive Order 13132, this rule does with law enforcement, who are then Regulatory Costs (Executive Order not have sufficient federalism required to enforce regulations that were 13771) implications to warrant the preparation not applicable earlier in the event. of a federalism summary impact These restrictions would apply to all This rule is not an E.O. 13771 statement. This rule only affects use of groups participating in a demonstration regulatory action because this rule is not NPS-administered lands and imposes no or special event, including those who significant under Executive Order requirements on other agencies or are not required to obtain a permit based 12866. governments. A federalism summary upon their group size and/or location. Regulatory Flexibility Act (RFA) impact statement is not required. 14. Minor Changes to 36 CFR 7.96 This rule will not have a significant Civil Justice Reform (Executive Order This rule would make a minor change economic effect on a substantial number 12988) to paragraph (e) in Section 7.96 to of small entities under the RFA (5 This rule complies with the clarify the circumstances under which U.S.C. 601 et seq.). This certification is requirements of Executive Order 12988. bathing, swimming, or wading is based on information contained in a Specifically, this rule: allowed. This provision clarifies that report entitled ‘‘Cost-Benefit and bathing, swimming, or wading in any Regulatory Flexibility Analyses: Special (a) Meets the criteria of section 3(a) fountain, pool, the Tidal Basin, the Regulations, Areas of the National Park requiring that all regulations be Chesapeake and Ohio Canal, Rock System, National Capital Region, reviewed to eliminate errors and Creek, or Constitution Gardens Pond is Special Events and Demonstrations’’ ambiguity and be written to minimize prohibited except where officially that is available online at https:// litigation; and authorized or for the purpose of saving home.nps.gov/nama/learn/ (b) Meets the criteria of section 3(b)(2) a drowning person. This rule would management/index.htm. requiring that all regulations be written replace all references to the ‘‘Jefferson Small Business Regulatory Enforcement in clear language and contain clear legal Memorial’’ in section 7.96 with the Fairness Act (SBREFA) standards. phrase ‘‘Thomas Jefferson Memorial’’ Consultation With Indian Tribes which is the actual name of the This rule is not a major rule under 5 (Executive Order 13175 and Department memorial. This rule would reorganize U.S.C. 804(2) of the SBREFA. This rule: Policy) the defined terms in section 7.96(g)(1) in (a) Does not have an annual effect on the economy of $100 million or more. alphabetical order and remove the The Department of the Interior strives (b) Will not cause a major increase in paragraph designations (i) through (x), to strengthen its government-to- costs or prices for consumers, in conformance with the Federal government relationship with Indian individual industries, Federal, State, or Register Document Drafting Handbook. tribes through a commitment to local government agencies, or consultation with Indian tribes and Compliance With Other Laws, geographic regions. Executive Orders, and Department (c) Does not have significant adverse recognition of their right to self- Policy effects on competition, employment, governance and tribal sovereignty. We investment, productivity, innovation, or have evaluated this rule under the Regulatory Planning and Review criteria in Executive Order 13175 and (Executive Orders 12866 and 13563) the ability of U.S.-based enterprises to compete with foreign-based enterprises. under the Department’s tribal Executive Order 12866 provides that consultation policy and have the Office of Information and Regulatory Unfunded Mandates Reform Act determined that tribal consultation is Affairs in the Office of Management and (UMRA) not required because the rule will have Budget (OMB) will review all significant This rule does not impose an no substantial direct effect on federally rules. The Office of Information and unfunded mandate on state, local, or recognized Indian tribes. Regulatory Affairs has determined that tribal governments or the private sector Paperwork Reduction Act (PRA) (44 this rule is not significant. of more than $100 million per year. The U.S.C. 3501 et seq.) Executive Order 13563 reaffirms the rule does not have a significant or principles of E.O. 12866 while calling unique effect on state, local, or tribal This rule does not contain any new for improvements in the nation’s governments or the private sector. This collections of information that require regulatory system to promote rule will not result in direct expenditure approval by the Office of Management predictability, to reduce uncertainty, by State, local, or tribal governments. and Budget (OMB) under the Paperwork and to use the best, most innovative, This rule addresses public use of NPS Reduction Act. OMB has approved the and least burdensome tools for lands, and imposes no requirements on information collection requirements achieving regulatory ends. It directs other agencies or governments. A associated with NPS Special Park Use agencies to consider regulatory statement containing the information Permits and has assigned OMB Control approaches that reduce burdens and required by the UMRA (2 U.S.C. 1531 et Number 1024–0021 (expires 08/31/20). maintain flexibility and freedom of seq.) is not required. An agency may not conduct or sponsor choice for the public where these and a person is not required to respond approaches are relevant, feasible, and Takings (Executive Order 12630) to a collection of information unless it consistent with regulatory objectives. This rule does not effect a taking of displays a currently valid OMB control E.O. 13563 emphasizes further that private property or otherwise have number.

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National Environmental Policy Act of In consideration of the foregoing, the from any park area identified in 1969 (NEPA) National Park Service proposes to paragraph (a) of this section, except for The NPS does not expect this rule to amend 36 CFR part 7 as follows: the purpose of saving a drowning person, is prohibited. constitute a major Federal action PART 7—SPECIAL REGULATIONS, significantly affecting the quality of the * * * * * AREAS OF THE NATIONAL PARK human environment. The NPS does not (g) Demonstrations and special SYSTEM expect that a detailed statement under events—(1) Definitions. the NEPA would be required because ■ 1. The authority citation for part 7 Attended means that a responsible the rule would likely be covered by a continues to read as follows: individual remains within three feet of categorical exclusion. Categorical an object. Authority: 54 U.S.C. 100101, 100751, Demonstration has the meaning given exclusion A.8 of Section 3.3 of the 320102; Sec. 7.96 also issued under D.C. National Park Service NEPA Handbook Code 10–137 and D.C. Code 50–2201.07. in § 2.51(a) of this chapter. (2015) would likely apply because the Ellipse means the park areas, ■ 2. Amend § 7.96 by: including sidewalks adjacent thereto, rule would modify an existing ■ regulation in a manner that does not a. Removing the phrase ‘‘Jefferson within these bounds: On the south, ‘‘increase public use to the extent of Memorial’’ where it appears and adding, Constitution Avenue NW; on the north, compromising the nature and character in its place, the phrase ‘‘Thomas E Street NW; on the west, 17th Street of the area or causing physical damage Jefferson Memorial’’. NW; and on the east, 15th Street NW. ■ b. Revising paragraphs (a), (e), and to it, introduce non-compatible uses that Event means a demonstration or (g)(1), (g)(2) introductory text, (g)(3) might compromise the nature and special event, including events introductory text, (g)(3)(i), (g)(3)(ii) characteristics of the area or cause presented by the National Park Service. introductory text, (g)(3)(ii)(A) through physical damage to it, conflict with This term does not include casual park C), (g)(3)(ii)(E) through (H), (g)(4)(i), adjacent ownerships or land uses, or use by visitors or tourists that is not (g)(4)(iv). reasonably likely to attract a crowd or cause a nuisance to adjacent owners or ■ c. Removing and reserving paragraph onlookers. occupants.’’ The NPS also expects that (g)(4)(v). the rule would not involve any of the ■ d. Revising paragraphs (g)(4)(vi), Korean War Veterans Memorial means extraordinary circumstances listed in 43 (g)(4)(vii) introductory text, (g)(4)(vii)(A) the area within the plaza’s exterior CFR 46.215 that would require further and (B), (g)(5), and (g)(6). sidewalks. analysis under NEPA. The revisions to read as follows: Lafayette Park means the park areas, including sidewalks adjacent thereto, Effects on the Energy Supply (Executive § 7.96 National Capital Region. within these bounds: On the south, Order 13211) (a) Applicability of regulations. (1) Pennsylvania Avenue NW; on the north, This rule is not a significant energy This section applies to all park areas H Street NW; on the east, Madison Place action under the definition in Executive administered by the National Park NW; and on the west, Jackson Place Order 13211. A Statement of Energy Service located in the District of NW. Effects is not required. Columbia, the portion of the George Lincoln Memorial means that portion Clarity of This Rule Washington Memorial Parkway located of the park area which is on the same in the Commonwealth of Virginia, the level or above the base of the large We are required by Executive Orders portion of the National Capital Parks- marble columns surrounding the 12866 and 12988, and by the East located in the State of Maryland, structure, and the single series of marble Presidential Memorandum of June 1, the portion of Chesapeake and Ohio stairs immediately adjacent to and 1998, to write all rules in plain Canal National Historical Park located below that level. language. This means that each rule we in Montgomery County, and to other Martin Luther King, Jr. Memorial publish must: federal reservations in the environs of means most of the interior plaza facing (a) Be logically organized; the District of Columbia, policed with the Inscription Wall, Mountain of (b) Use the active voice to address the approval or concurrence of the head Despair and Stone of Hope. readers directly; (c) Use clear language rather than of the agency having jurisdiction or National celebration event means an jargon; control over such reservations, pursuant annual recurring special event regularly (d) Be divided into short sections and to the provisions of the act of March 17, scheduled by the National Capital sentences; and 1948 (62 Stat. 81). Region, which are listed in paragraph (e) Use lists and tables wherever (2) Paragraph (e) of this section also (g)(4)(ii) of this section. possible. applies to the portion of Chesapeake Other park areas means all areas, If you feel that we have not met these and Ohio Canal National Historical Park including sidewalks adjacent thereto, requirements, send us comments by one located in Maryland outside of other than the White House area, of the methods listed in the ADDRESSES Montgomery County. administered by the National Capital section. To better help us revise the * * * * * Region. rule, your comments should be as (e) Bathing, Swimming, Wading—(1) Regional Director means the official in specific as possible. For example, you Bathing, swimming, or wading in the charge of the National Capital Region, should tell us the numbers of the following locations, except where National Park Service, U.S. Department sections or paragraphs that are unclearly officially authorized or for the purpose of the Interior, or an authorized written, which sections or sentences are of saving a drowning person, is representative thereof. too long, the sections where you feel prohibited: Any fountain or pool, the Special event means the activities lists or tables would be useful, etc. Tidal Basin, the Chesapeake and Ohio listed in section 2.50(a) of this chapter Canal, Rock Creek, and Constitution before the text ‘‘are allowed . . . ’’. List of Subjects in 36 CFR Part 7 Gardens Pond. Structure means: District of Columbia, National parks, (2) Entering the Potomac River, the (i) Except as discussed in paragraph Reporting and recordkeeping Anacostia River, the Washington (ii) of this definition, a structure is any requirements. Channel, or the Georgetown Channel object that is not intended to be carried

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by permittees including, but not limited (2) Permit requirements. Events may Division Memorial Park, except that the to: be held only pursuant to a permit issued pedestrian walkway through First (A) Props and displays, such as in accordance with the provisions of Division Memorial Park and the north coffins, crates, crosses, theaters, cages, this section. The following exceptions sidewalk of E Street NW to the west and statues; apply unless the demonstration involves pedestrian crosswalk on E Street NW (B) Furniture and furnishings, such as the use of a structure, other than small will be accessible to pedestrians, unless desks, chairs, tables, bookcases, lecterns or speakers’ platforms that are protective measures or special events cabinets, platforms, podiums, and no larger than three (3) feet in length, dictate otherwise. lecterns; three (3) feet in width, and three (3) feet (B) Public access is not allowed on the (C) Shelters, such as tents, boxes, in height, in which case a permit is north, south, and west exterior portions trailers, and other enclosures; required: of the William T. Sherman Monument (D) Wagons and carts; * * * * * and Park, including East Executive (E) Jumbotrons, light towers, delay (3) Permit applications. Permit Avenue and Alexander Hamilton Place towers, portable restrooms, mobile applications may be obtained at the NW, with adjacent roadways and stages; and Division of Permits Management, sidewalks: From northeast corner of the (F) All other similar types of property National Mall and Memorial Parks, or park at Alexander Hamilton Place and that may tend to harm park resources, online at www.nps.gov/nama. 15th Street NW, running west on including aesthetic interests. Applicants shall submit permit Alexander Hamilton Place NW to East Executive Avenue NW; to include all of (ii) It does not include hand-carried applications in writing on a form Alexander Hamilton Place NW with signs; bicycles, baby carriages and baby provided by the National Park Service adjacent north and south sidewalks; strollers lawfully in a park area that are so as to be received by the Regional from southwest corner of E Street NW temporarily placed in, or are being Director at the Division of Permits and East Executive Avenue NW running moved across, the park area, and that Management at least 48 business hours to the corner of E and 15th Streets NW; are attended at all times while in the in advance of any proposed event. to include all of E Street NW, with the park area; and wheelchairs and other Notwithstanding the 48-business hours adjacent north sidewalk; from northwest devices in use by individuals with a requirement, the Regional Director will comer of the park at Alexander disability. reasonably seek to accommodate Hamilton Place and East Executive Thomas Jefferson Memorial means the spontaneous demonstrations, subject to Avenue NW running to the southwest circular portion of the Thomas Jefferson all limitations and restrictions comer of East Executive Avenue NW Memorial enclosed by the outermost applicable to the requested location, and across E Street NW; this includes all series of columns, and all portions on provided such demonstrations do not areas of East Executive Avenue along the same levels or above the base of include structures and provided the the south fence line and across E Street these columns. NPS has the resources and personnel to the east pedestrian crosswalk. Vietnam Veterans Memorial means available to manage the activity. The Notwithstanding the preceding closures, the East and West Walls, Three Regional Director will accept permit the center monument area and the sole Servicemen Statue, Vietnam Veterans applications only during the hours of 8 pedestrian walkway between the Women’s Memorial, Agent Orange a.m.–4 p.m., Monday through Friday, northeast and southwest corners of the Plaque and adjacent areas extending to holidays excepted. park and the north sidewalk of E Street and bounded by the furthermost curved (i) White House area. No permit may NW to the east pedestrian crosswalk on pedestrian walkways on the north, west, be issued authorizing demonstrations in E Street NW will be accessible to the and south, and a line drawn the White House area, except for public from 7:00 a.m. to 7:00 p.m., perpendicular to Constitution Avenue locations at the White House sidewalk, unless protective measures or special one hundred seventy-five (175) feet Lafayette Park and the Ellipse that are events dictate otherwise. from the east tip of the memorial wall not closed to public access under (C) Public access is not allowed on E on the east (this is also a line extended paragraphs (g)(3)(i)(A)–(D) of this Street NW from the west crosswalk just from the east side of the western section. No permit may be issued east of West Executive Avenue NW to concrete border of the steps to the west authorizing special events, except for the east crosswalk just west East of the center steps to the Federal locations at the Ellipse and except for Executive Avenue NW, including the Reserve Building extending to the annual commemorative wreath-laying sidewalk and all areas adjacent to the Reflecting Pool walkway). ceremonies relating to the statues in South Fence Line of the White House Washington Monument and Plaza Lafayette Park that are not closed to Complex. means the granite plaza from the circle public access under paragraphs (D) Public access is not allowed on of flags to the Monument and its (g)(3)(i)(A)–(D) of this section. the south sidewalk of Pennsylvania interior. (A) Public access is not allowed on Avenue NW, adjacent to the North White House area means all park the north and east exterior portions of Fence Line of the White House areas, including sidewalks adjacent First Division Memorial Park, including Complex, from the security post located thereto, within these bounds; on the West Executive Avenue and State Place just north of West Executive Avenue south, Constitution Avenue NW; on the NW with adjacent roadways and NW to the security post located just north, H Street NW; on the east, 15th sidewalks: from northwest corner of north of East Executive Avenue NW. Street, NW; and on the west, 17th Street State Place and 17th Street NW; to The area of sidewalk to be closed shall NW. include all areas of West Executive consist of a twenty (20′) foot portion of White House sidewalk means the Avenue along the South fence Line of the sidewalk, extending out from the south sidewalk of Pennsylvania Avenue the White House Complex and across E North Fence Line, leaving a five (5′) foot NW, between East and West Executive Street, NW; to include the south portion of the sidewalk for pedestrian Avenues NW. sidewalk adjacent to the First Division access. World War II Memorial Freedom Wall Memorial Park; and all of E Street NW, (E) The closures described in Plaza means the area from the Field of from 17th Street NW east to the paragraphs (g)(3)(i)(A)–(D) of this Stars to the Rainbow Pool. pedestrian walkway through First section are identified in the following

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map and as further delineated with center monument area and pedestrian closure at any time for protective fencing in the park areas themselves. walkway at William T. Sherman measures or special events. Exceptions for the pedestrian walkway Monument and Park are not displayed BILLING CODE 4312–52–P at First Division Memorial Park and the in the map because they are subject to

(ii) Other park areas. Events are not commemorative Thomas Jefferson (G) The Martin Luther King Jr. allowed in the following other park birthday ceremony. Memorial, except for the Forecourt area areas: * * * * * and except for official annual (A) The Washington Monument and (E) The World War II Memorial commemorative ceremonies for Dr. Plaza, except for the official annual Freedom Wall Plaza, except for official King’s birthday and death, and the March On Washington for Jobs and commemorative Washington birthday annual commemorative ceremonies on Freedom. ceremony. Memorial Day, Veterans Day, Pearl Harbor Day, Victory over Europe Day, (H) Maps of the restricted areas (B) The Lincoln Memorial, except for and Victory over Japan Day. designated in this paragraph (g)(3)(ii) of the official annual commemorative (F) The Korean War Veterans this section are as follows. The Lincoln birthday ceremony. Memorial, except for official annual diagonal-lined portions of the maps (C) The Thomas Jefferson Memorial, commemorative ceremonies on show the areas where events are except for the official annual Memorial Day, Veterans Day, Invasion prohibited unless specifically excepted Day, and Armistice Day. by this rule.

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VIETNAM VETERANS MEMORIAL

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WORLD WAR II !MEMORIAL l ~ l'

KOREAN WAR VETERANS MEMORIAL

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BILLING CODE 4312–52–C applicant that the application is to approve or deny a permit application (4) Permit processing. (i) NPS approved. Within a reasonable time at least 30 days in advance of a processes permit applications for events after the initial notice of approval, the requested event. Permit applicants must in order of receipt, subject to the NPS will send a permit to the applicant provide the NPS with all requested exceptions for priority use in paragraphs for the requested event. The permit may information before the NPS will approve (g)(4)(ii) and (iii) of this section. The use contain conditions reasonably or deny an application. of a particular area is allocated in order consistent with the requirements of of receipt of the permit application. NPS (C) Denied permit application. The public health and safety, protection of will not accept applications more than NPS will notify the applicant in writing park resources, and the use of the park one year in advance of a proposed event if it is unable to accommodate the area. The permit may also contain (including set-up time, if any). NPS will requested event. This notice will state reasonable limitations on the structures categorize permit applications in one of that the applicant may inform the NPS and equipment used and the time and three ways: Approved, Provisionally that it would consider modifying its area where the event is allowed. The Reserved, or Denied. Permit application for the requested event. If NPS may revoke a permit only for the applications for demonstrations that are the NPS receives notice from the not acted on in the manner described reasons stated in paragraph (g)(6) of this applicant that it is willing to modify its above within three business days from section. application, the NPS will work with the the date of receipt by the NPS are (B) Provisionally reserved permit applicant to modify the application in a approved, except those seeking waiver applications. The NPS may notify the manner that it could be approved or of numerical limitations applicable to applicant that the NPS has reserved the provisionally reserved. If the applicant Lafayette Park (paragraph (g)(5)(ii) of requested location, date, and time, but and the NPS cannot agree on this section). NPS will consider an that it will not approve the application modifications to the application that application to be received if it contains and issue a permit until it receives would allow it to be approved or the following basic information about additional information. During this provisionally reserved, or if the the proposed event: Location, purpose approval stage, the NPS will work applicant does not inform the NPS that and plan for the event, time and date, diligently to resolve all outstanding it is willing to modify its application estimated number of participants, and questions in order to determine whether with enough advance notice prior to the contact information. For purposes of the request can be approved or denied. event, then the NPS will notify the this paragraph, NPS will have acted If the NPS receives an application more applicant in writing that the application upon a permit application as of the time than 60 days prior to the requested has been denied. and date an electronic communication event, the NPS will provide the * * * * * is sent to the applicant. applicant with an initial, (A) Approved permit applications. If comprehensive list of outstanding issues (iv) Other events are permitted in park the NPS is able to accommodate the and requested information no later than areas under permit for the National requested event without receiving 40 days prior to the requested event. Celebration Events listed in paragraph additional information, it will notify the The NPS will make all reasonable efforts (g)(4)(ii) of this section to the extent that

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they do not significantly interfere with location if necessary to protect park Regional Director will consider and base the National Celebration Events. resources and values. the determination upon the criteria in (v) [Reserved] (vii) A permit for an event may be § 2.50(a)(1)–(6) of this chapter and the denied in writing by the Regional following criteria: (vi) The Regional Director may issue Director upon the following grounds: (A) Whether the objectives and permits for a maximum duration of 30 (A) A fully executed prior application purposes of the proposed special event days. For an event that includes for the same time and place has been relate to and are within the basic structures, the Regional Director may received, and a permit has been or will mission and responsibilities of the extend the maximum permit duration be granted authorizing activities which National Capital Region, National Park by an amount of time that may be do not reasonably permit multiple Service. needed for setup and breakdown of the occupancy of the particular area. (B) Whether the park area requested is structures. Upon request, the Regional (B) The proposed event will present a reasonably suited in terms of Director may renew a permit for clear and present danger to the public accessibility, size, and nature of the additional, consecutive periods of 30 health and safety. proposed special event. days or less. Requests for renewals must * * * * * (iii) Prior notice must be provided to be submitted to the NPS at least 10 days (5) Permit limitations. The issuance of the Regional Director before erecting prior to the expiration of an existing a permit is subject to the following any structure. Structures are allowed in permit. The Regional Director may deny limitations: connection with permitted events for a request for a permit renewal if another (i) The Regional Director may restrict the purpose of symbolizing a message or applicant has requested use of the same events on weekdays (except holidays) meeting logistical needs such as first aid location and the location cannot between the hours of 7:00 to 9:30 a.m. facilities, lost children areas, or the reasonably accommodate multiple and 4:00 to 6:30 p.m. if it reasonably provision of shelter for electrical and occupancy. As a condition of renewing appears necessary to avoid unreasonable other sensitive equipment or displays, a permit, the Regional Director shall interference with rush-hour traffic. provided that: require events with structures to move (ii) Special events are not permitted (A) Structures are subject to the to a different location. The Regional unless approved by the Regional restrictions listed in the table below. Director may require events without Director. In determining whether to Maps of the restricted areas follow the structures to be moved to a different approve a proposed special event, the table.

STRUCTURE RESTRICTIONS

Map area Location Restriction Exceptions

A ...... Lincoln Memorial ...... Structures are prohibited ...... Podiums, tables, chairs, lighting and sound equipment. B ...... Elm Trees Panels—3rd Street to 14th Structures are prohibited ...... None. Street. C ...... Reflecting Pool and Walks on North and Structures are prohibited ...... Telecommunications equipment. South. D ...... Constitution Gardens—West ...... Structures may not exceed 15 feet in None. height. E ...... Constitution Gardens—East ...... Structures may not exceed 30 feet in None. height and may not disrupt the viewshed from Virginia Ave NW to the Washington Monument. F ...... World War II Memorial ...... Structures are prohibited ...... Podiums, tables, chairs, sound equip- ment, and shade tents. G ...... JFK Hockey Fields...... Structures may not exceed 45 feet in None. height. H ...... Ellipse ...... Structures may not exceed 30 feet in Stages, bleachers, and telecommuni- height. cations equipment during the National Christmas Tree Lighting Ceremony may exceed 30 feet in height. I ...... Washington Monument—Security Perim- Structures are prohibited ...... None. eter. J ...... Washington Monument Grounds—Cen- Structures are prohibited ...... None. tral Panel West. K ...... Washington Monument Grounds—North- Structures may not exceed 30 feet in None. west and Northeast Corners. height. L ...... Washington Monument Grounds—First Structures may not exceed 20 feet in None. Tier Outside Restricted Area. height. M ...... North-South 150-foot-wide Corridor ...... Structures are prohibited ...... None. N ...... East of Washington Monument Structures may not exceed 20 feet in None. Grounds—Central East. height. O ...... National Mall—3rd St. to 14th St. and Structures may not exceed 30 feet in No height restriction for telecommuni- Hardscape Between Elm Tree Panels. height. cations equipment. P ...... Thomas Jefferson Memorial ...... Structures are prohibited ...... Podiums, chairs, and sound equipment. Q ...... Thomas Jefferson Memorial—East and Structures may not exceed 30 feet in None. West Precincts. height. R ...... Tidal Basin ...... Structures may not exceed 20 feet in None. height.

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STRUCTURE RESTRICTIONS—Continued

Map area Location Restriction Exceptions

S ...... Independence Ave. Staging Area...... Structures may not exceed 30 feet in None. height. T ...... Virginia Ave. (View to Washington Monu- Structures are prohibited ...... None. ment). U ...... Polo Fields—near Ohio Drive ...... Structures may not exceed 40 feet in None. height. V ...... Polo Fields—near West Basin Drive ...... Structures may not exceed 30 feet in None. height. W ...... Ohio Drive—Ballfields between West Structures may not exceed 30 feet in None. Basin Drive and Inlet Bridge. height. X ...... Ohio Drive—Ballfield near National Mall Structures may not exceed 45 feet in None. and Memorial Park Headquarters. height. Y ...... Recreation Field South of Washington Structures may not exceed 35 feet in None. Monument; West of Holocaust Mu- height. seum. Z ...... Hains Point—Southernmost Point within Structures may not exceed 45 feet in None. East Potomac Park. height.

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(B) All such structures shall be storing personal belongings, or making for Lafayette Park (where only speakers’ erected in such a manner so as not to any fire, or doing any digging or earth platforms are allowed in accordance harm park resources unreasonably and breaking or carrying on cooking with a permit) and the White House shall be removed as soon as practicable activities. The above-listed activities Sidewalk (where no structures are after the conclusion of the permitted constitute camping when it reasonably allowed). This provision does not event. appears, in light of all the restrict the use of portable signs or (C) The Regional Director may impose circumstances, that the participants, in banners or preclude such individuals or reasonable restrictions upon the use of conducting these activities, are in fact groups from obtaining a permit in order structures in the interest of protecting using the area as a living to erect structures. the park areas involved, traffic and accommodation regardless of the intent (F) Structures are not permitted public safety considerations, and other of the participants or the nature of any within the drip line of trees located legitimate park value concerns. These other activities in which they may also within the White House area. restrictions may include limitations be engaging. consistent with turf management and (E) Individuals or groups of 25 (iv) Sound amplification equipment is event operations guidance related to persons or fewer demonstrating under allowed in connection with permitted duration, weight, equipment, and the small group permit exception of demonstrations or special events, materials used. paragraph (g)(2)(i) of this section, or provided prior notice has been given to (D) Structures may not be used individuals or groups demonstrating the Regional Director, except that the outside designated camping areas for under the large group permit exceptions Regional Director reserves the right to living accommodation activities such as at the five parks designated in paragraph limit the sound amplification sleeping, or making preparations to (g)(2)(ii) of this section, are not allowed equipment so that it will not sleep (including the laying down of to use structures other than small unreasonably disturb nonparticipating bedding for the purpose of sleeping), or lecterns or speakers’ platforms, except persons in, or in the vicinity of, the area.

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(v) Events that plan to move from any inch in thickness. No supports shall be other and the crowd. This requirement location that is subject to the regulations permitted for signs or placards except will be satisfied by completion and in this section 7.96 to the White House those made of wood having cross- submission of the same form referred to Sidewalk or Lafayette Park, and events sectional dimensions no greater than in paragraph (g)(3) of this section. that plan to move from the White House three-quarter of an inch by three-quarter (B) The erection, placement or use of Sidewalk or Lafayette Park to another of an inch. Stationary signs or placards structures of any kind are prohibited location that is subject to the regulations shall be no closer than three feet from except for the following: in this section 7.96, must comply with the White House sidewalk fence. All (1) When one hundred (100) or more the restrictions on signs placards set signs and placards shall be attended at persons are participating in a forth in paragraphs (g)(5)(ix)(C) and all times that they remain on the White demonstration in the Park, a speakers’ (g)(5)(x)(C) of this section for the House sidewalk. Signs or placards shall platform as is reasonably required to duration of the event, even when it is be considered to be attended only when serve the demonstration participants is located outside of the White House they are in physical contact with a allowed as long as such platform is Sidewalk or Lafayette Park. person. No signs or placards shall be being erected, dismantled or used, (vi) A permit may contain additional tied, fastened, or otherwise attached to provided that only one speakers’ reasonable conditions and additional or leaned against the White House platform is allowed per demonstrating time limitations, consistent with this fence, lamp posts or other structures on group, and provided further that such section, in the interest of protecting park the White House sidewalk. No signs or speakers’ platform is authorized by a resources, the use of nearby areas by placards shall be held, placed or set permit issued pursuant to paragraph (g) other persons, and other legitimate park down on the center portion of the White of this section. value concerns. House sidewalk, comprising ten yards (2) When less than one hundred (100) (vii) A permit issued under this on either side of the center point on the persons are participating in a section does not authorize activities sidewalk; Provided, however, that demonstration in the Park, a ‘‘soapbox’’ outside of areas administered by the individuals may demonstrate while speakers’ platform is allowed as long as National Park Service. Applicants may carrying signs on that portion of the such platform is being erected, also be required to obtain a permit from sidewalk if they continue to move along dismantled or used, providing that only the District of Columbia or other the sidewalk. one speakers’ platform is allowed per appropriate governmental entity for (D) No parcel, container, package, demonstrating group, and provided demonstrations or special events sought bundle or other property shall be placed further that the speakers’ platform is no to be conducted either wholly or in part or stored on the White House sidewalk larger than three (3) feet in length, three in areas not administered by the or on the west sidewalk of East (3) feet in width, and three (3) feet in National Park Service. Executive Avenue NW, between height, and provided further that such (viii) The activities contemplated for Pennsylvania Avenue NW, and E Street speakers’ platform is authorized by a the proposed event must conform with NW, or on the north sidewalk of E Street permit issued pursuant to paragraph (g) all applicable laws and regulations. NW, between East and West Executive of this section. (ix) In addition to the general Avenues NW; Provided, however, that (C) The use of signs is prohibited limitations in this paragraph (g)(5), the such property, except structures, may be except for the following: following restrictions apply to the White momentarily placed or set down in the (1) Hand-carried signs are allowed House Sidewalk: immediate presence of the owner on regardless of size. (A) No more than 750 persons are those sidewalks. (2) Signs that are not being hand- permitted to conduct a demonstration (E) Sound amplification equipment carried and that are no larger than four on the White House sidewalk at any one may not be used on the White House (4) feet in length, four (4) feet in width time. The Regional Director may waive sidewalk, other than hand-portable and one-quarter (1⁄4) inch in thickness the 750 person limitation for the White sound amplification equipment which (exclusive of braces that are reasonably House Sidewalk upon a showing by the the Regional Director determines is required to meet support and safety applicant that good faith efforts will be necessary for crowd-control purposes. requirements and that are not used so as made to plan and marshal the (x) In addition to the general to form an enclosure of two (2) or more demonstration in such a fashion so as to limitations in this paragraph (g)(5), the sides) may be used in Lafayette Park, render unlikely any substantial risk of following restrictions apply to Lafayette provided that no individual may have unreasonable disruption or violence. In Park: more than two (2) such signs in the Park making a waiver determination, the (A) No more than 3,000 persons are at any one time, and provided further Regional Director shall consider and the permitted to conduct a demonstration in that such signs must be attended at all applicant shall furnish at least ten days Lafayette Park at any one time. The times, and provided further that such in advance of the proposed Regional Director may waive the 3,000 signs may not be elevated in a manner demonstration, the functions the person limitation for Lafayette Park so as to exceed a height of six (6) feet marshals will perform, the means by upon a showing by the applicant that above the ground at their highest point, which they will be identified, and their good faith efforts will be made to plan may not be arranged or combined in a method of communication with each and marshal the demonstration in such manner so as to exceed the size other and the crowd. This requirement a fashion so as to render unlikely any limitations set forth in this paragraph, will be satisfied by completion and substantial risk of unreasonable and may not be arranged in such a submission of the same form referred to disruption or violence. In making a fashion as to form an enclosure of two in paragraph (g)(3) of this section. waiver determination, the Regional (2) or more sides. For example, under (B) Structures are not permitted. Director shall consider and the this provision, two four-feet by four-feet (C) No signs or placards shall be applicant shall furnish at least ten days signs may not be combined so as to permitted on the White House sidewalk in advance of the proposed create a sign eight feet long and four feet except those made of cardboard, demonstration, the functions the wide, and three such signs may not be posterboard or cloth having dimensions marshals will perform, the means by arranged to create a sign four feet long no greater than three feet in width, which they will be identified, and their and twelve feet wide, and two or more twenty feet in length, and one-quarter method of communication with each signs of any size may not be leaned or

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otherwise placed together so as to form FOR FURTHER INFORMATION CONTACT: v. Postal Reg. Comm’n, 785 F.3d 740, an enclosure of two or more sides, etc. David A. Trissell, General Counsel, at 751 (D.C. Cir. 2015), the Court affirmed (xi) No permit will be issued for a 202–789–6820. the Commission’s conclusion that demonstration on the White House SUPPLEMENTARY INFORMATION: ‘‘changes in rates’’ under 39 U.S.C. 3622 Sidewalk and in Lafayette Park at the could include changes to mail same time except when the Table of Contents preparation requirements and were not organization, group, or other sponsor of I. Introduction limited to ‘‘only changes to the official such demonstration undertakes in good II. Background posted prices of each product.’’ faith all reasonable action, including the III. Request for Comments However, the Court remanded the provision of sufficient marshals, to matter to the Commission so that it I. Introduction insure good order and self-discipline in could articulate an intelligible standard conducting such demonstration and any The Commission initiates this to determine when a mail preparation necessary movement of persons, so that advance notice of proposed rulemaking change was a ‘‘change in rates’’ subject the numerical limitations and waiver (ANPR) to seek proposals for a standard to the price cap. Id. at 744. provisions described in paragraphs and process to determine when a mail In response to the Court’s remand, the (g)(5)(ix) and (x) of this section are preparation change is a ‘‘changes in Commission initiated proceedings to observed. rates’’ under 39 U.S.C. 3622 in establish a standard to be used for the (xii) In addition to the general accordance with the recent decision in regulation of mail preparation changes limitations in this paragraph (g)(5), United States Postal Serv. v. Postal Reg. as ‘‘changes in rates.’’ 2 As a result of sound systems shall be directed away Comm’n, 886 F.3d 1253 (D.C. Cir. 2018) those proceedings, the Commission from the Vietnam Veterans Memorial at (IMb Opinion). issued Order No. 3047, which set forth all times. a standard to determine when a mail (6) Permit revocation. The Regional II. Background preparation change requires compliance Director or the ranking U.S. Park Police The Commission continues to with the price cap. The standard supervisory official in charge may maintain that certain mail preparation established in Order No. 3047 provided revoke a permit or part of a permit for changes are rate changes, and those that a mail preparation change could any violation of its terms or conditions, changes should be regulated under 39 have a rate effect when it resulted in the or if the event presents a clear and U.S.C. 3622. As participants in past deletion or redefinition of rate cells as present danger to the public safety, good associated dockets are aware, the issues set forth by § 3010.23(d)(2). order, or health, or for any violation of involved in regulating mail preparation In establishing the standard set forth applicable law or regulation. Any such changes as ‘‘changes in rates’’ under 39 in Order No. 3047, the Commission revocation shall be in writing. U.S.C. 3622 are varied and complex. used its regulation, § 3010.23(d)(2), to * * * * * The process involved in crafting a provide the framework. Section workable standard for regulating mail 3010.23(d)(2) provides that a David L. Bernhardt, preparation changes under the price cap classification change will have a rate Deputy Secretary. has been difficult and time-consuming. effect when it results in the [FR Doc. 2018–17386 Filed 8–14–18; 8:45 am] However, this difficulty does not introduction, deletion, or redefinition of BILLING CODE 4312–52–P necessarily render the efforts to create a a rate cell. Under the Commission’s standard futile. Accordingly, the rules, the Postal Service must include Commission issues this ANPR the effects of those classification POSTAL REGULATORY COMMISSION requesting proposals from commenters changes in its calculation of the for a standard and process to determine percentage change in rates under the 39 CFR Part 3010 when an individual mail preparation price cap. 39 CFR 3010.23(d)(2). The [Docket No. RM2018–11; Order No. 4750] change is a ‘‘change in rates’’ under 39 standard in Order No. 3047 defined U.S.C. 3622 that is consistent with the when a mail preparation change would Mail Preparation Changes recent guidance set forth in the IMb be considered a classification change Opinion. with rate effects under § 3010.23(d)(2). AGENCY: Postal Regulatory Commission. In Docket No. R2013–10R, the The standard set forth that deletion of ACTION: Advance notice of proposed Commission determined that a change a rate cell occurs when a mail rulemaking. to the Intelligent Mail barcoding (IMb) preparation change caused the SUMMARY: The Commission is initiating requirements was a rate change elimination of a rate, or the functional a review to determine when a mail requiring compliance with the price cap equivalent of an elimination of a rate by preparation change is a rate change. under 39 U.S.C. 3622.1 The Postal making the rate cell inaccessible to This document informs the public of the Service appealed the Commission’s mailers. Order No. 3047 at 15. The docket’s initiation, invites public determination to the United States Court standard defined redefinition of a rate comment, and takes other of Appeals for the District of Columbia cell to occur when a mail preparation administrative steps. (the Court). In United States Postal Serv. change caused a significant change to a basic characteristic of a mailing, DATES: Comments are due on or before 1 October 15, 2018. Docket No. R2013–10, Order on Price effectively changing the nature of the Adjustments for Market Dominant Products and rate cell. For redefinition, the ADDRESSES: Submit comments Related Mail Classification Changes, November 21, 2013, at 5–35 (Order No. 1890). In this docket, the Commission stated that it would apply electronically via the Commission’s a significance analysis to determine at Filing Online system at http:// Commission briefly sets out the relevant history supporting the request for comment. For a complete what point on the spectrum a mail www.prc.gov. Those who cannot submit history of the Commission proceedings leading up preparation change caused a rate cell to comments electronically should contact to this docket, please see Order No. 1890; Docket be redefined under § 3010.23(d)(2). Id. the person identified in the FOR FURTHER No. R2013–10R, Order Resolving Issues on Remand, INFORMATION CONTACT January 22, 2016 (Order No. 3047); Docket No. section by R2013–10R, Order Resolving Motion for 2 Docket No. R2013–10R, Order Establishing telephone for advice on filing Reconsideration of Commission Order No. 3047, Procedures on Remand and Requesting Public alternatives. July 20, 2016 (Order No. 3441). Comment, July 15, 2015 (Order No. 2586).

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at 16–17. Using these parameters, when Order No. 3047 because it viewed the of this potential approach, especially a mail preparation change caused a rate standard as improperly regulating where the mailer ‘‘costs (however cell to be deleted or redefined, it would changes to mailers’ costs as opposed to estimated) would have to be compared constitute a rate change requiring the price mailers pay. The Court stated with a benchmark—the rate increment compliance with the price cap.3 that the standard cannot look ‘‘solely to faced by mailers—that would be quite After Order No. 3047 was issued, the mailer costs . . . without comparing precise.’’ Id. Postal Service requested the those costs to the additional payment a In response to the IMb Opinion, the Commission reconsider its decision.4 In mailer would avoid by making the mail Commission is continuing to explore response, the Commission issued Order preparation change’’ in order to predict whether a workable standard can be No. 3441 resolving the Postal Service’s whether mailers will pay a higher rate. developed in order to determine when request for reconsideration and Id. at 1260 (emphasis in original). a mail preparation change is a rate maintaining the standard as articulated Although the Court’s IMb Opinion change. The Commission seeks in Order No. 3047. The Postal Service vacated the standard set forth by the comment on the possibility of crafting a then petitioned the Court for review of Commission, it did not abrogate the standard that would not only comport the revised standard set forth in Order Commission’s authority to regulate mail with the Court’s decision but also be Nos. 3047 and 3441.5 preparation as ‘‘changes in rates’’ under workable in the context of the The Court issued its decision and the statute. Rather, the Court disagreed Commission’s proceedings. vacated the Commission’s standard in with the Commission’s approach and III. Request for Comments Order Nos. 3047 and 3441. IMb Opinion found that the Commission’s standard at 1255. In its decision, the Court did not answer the question of whether The Commission requests comments concluded that the Commission’s a change to a mail preparation change from interested parties to propose a standard to determine when a mail would cause a mailer to pay a higher standard and process to determine when preparation change was a rate change rate. The Court did not endorse any a mail preparation change is a rate rested on an unreasonable interpretation particular method to determine when a change under 39 U.S.C. 3622 that of ‘‘changes in rates’’ under 39 U.S.C. mail preparation change is a ‘‘change in comports with the IMb Opinion. In 3622 that went beyond the meaning of rates’’ under 39 U.S.C. 3622, but proposing a new standard, commenters the statute. Id. provided its views on approaches that should respond to the parameters and In its opinion, the Court referred to its could potentially conform to the statute. guidance set forth by the Court in the previous decision in 2015 to remand the In order to find that a mail recent IMb Opinion and explain how the matter to the Commission, stating that preparation change is a rate change suggested standard is consistent with this decision ‘‘laid down a marker for under 39 U.S.C. 3622, the Court those parameters. Specifically, what might qualify as rates and ‘changes indicated that the standard should be commenters should propose a standard in rates.’ Time and again [it] tied ‘rates’ able to ‘‘single out mail preparation that could be used to predict ‘‘possible to payments by mailers to the Postal changes that induce mailers to shift to mailer migration to higher-priced Service, and ‘changes in rates’ to a higher-priced service.’’ Id. at 1259. products’’ to determine when a mail changes in those payments.’’ Id. at 1256. The Court suggested that the preparation change results in a ‘‘change The Court explained that its 2015 Commission could have ‘‘tried to in rates’’ under 39 U.S.C. 3622. In decision affirmed the Commission’s integrate mail preparation requirements addition to comments proposing a authority to regulate changes in posted into its authority over ‘changes in rates’ standard in line with the IMb Opinion, prices and changes in mail preparation with the following argument: Where an commenters should propose a practical requirements because both could cause increase in mail preparation process for the Commission to a change in rates paid by the mailer. Id. requirements for one cell will drive determine and resolve disputes over However, the Court vacated the mailers to use a higher-priced cell, the whether a mail preparation change is a Commission’s standard set forth in resulting increase in volume in the latter rate change. should count against the rate cap.’’ IMb In creating a new docket for this 3 In conjunction with Order No. 3047, the Opinion at 1256 (emphasis in original). proceeding, the Commission Commission initiated a separate rulemaking The Court qualified this opinion by acknowledges that although the issue proceeding to develop a procedural rule that would stating that it identified ‘‘this approach before the Commission centered on the ensure the Postal Service properly accounted for the not in order to offer any final judgment Postal Service’s change to the IMb rate effects of mail preparation changes in accordance with the Commission’s standard on it but to indicate how treating a requirements in Docket No. R2013–10, articulated in Order No. 3047. Docket No. RM2016– change in mail preparation the standard eventually adopted by the 6, Notice of Proposed Rulemaking on Motions requirements as a rate change might, as Commission will apply to all future Concerning Mail Preparation Changes, January 22, a matter of arithmetic, be integrated mail preparation changes. The 2016, at 1–2 (Order No. 3048). The Notice of Proposed Rulemaking on Motions Concerning Mail with the Commission’s system of Commission appreciates the complex Preparation Changes was published in the Federal volumetric assessment.’’ Id. nature of this issue and the input Register on February 1, 2016. See 81 FR 5085 As suggested by the Court, the provided by commenters in previous (February 1, 2016). The rulemaking resulted in a standard must look to predict mailer attempts to establish a workable final procedural rule concerning mail preparation changes. See Docket No. RM2016–6, Order behavior in response to the mail standard to regulate mail preparation Adopting Final Procedural Rule for Mail preparation change in order to ‘‘single changes as rate changes. Preparation Changes, at 22–23, January 25, 2018 out mail preparation changes that Initial comments are due no later than (Order No. 4393). The Order Adopting Final induce mailers to shift to a higher- 60 days after the date of publication of Procedural Rule for Mail Preparation Changes was published in the Federal Register on March 5, 2018. priced service.’’ Id. at 1259. To do so, this document in the Federal Register. See 83 FR 4585 (March 5, 2018). That rule is being the Court indicated that the Commission After reviewing the initial comments, revised as a result of the IMb Opinion. would have to compare mailers’ the Commission will decide if reply 4 Docket No. R2013–10R, Motion for compliance costs with the offsetting rate comments are necessary. Commission Reconsideration of Order No. 3047, February 22, benefit in order to determine whether rules require that comments (including 2016. 5 Petition for Review, United States Postal Serv. mailers would be driven to a higher rate reply comments) be filed online v. Postal Reg. Comm’n, 886 F.3d 1253 (D.C. Cir. cell and pay a higher rate. Id. at 1260. according to the process outlined at 39 2018). The Court acknowledged the complexity CFR 3001.9(a), unless a waiver is

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obtained. Additional information Indiana’s attainment demonstration and Chicago, Illinois 60604, (312) 886–3901, regarding how to submit comments other elements required under the Clean [email protected]. online can be found at: http:// Air Act (CAA). In addition to an SUPPLEMENTARY INFORMATION: www.prc.gov/how-to-participate. All attainment demonstration, the Throughout this document whenever comments accepted will be made nonattainment plan addresses the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean available on the Commission’s website, requirement for meeting reasonable EPA. The following outline is provided http://www.prc.gov. further progress (RFP) toward to aid in locating information in this Pursuant to 39 U.S.C. 505, Kenneth E. attainment of the NAAQS, reasonably preamble. Richardson is designated as an officer of available control measures and the Commission (Public Representative) reasonably available control technology Table of Contents to represent the interests of the general (RACM/RACT), base-year and I. Why was Indiana required to submit an public in this proceeding. projection-year emission inventories, SO2 plan for Indianapolis, Southwest It is ordered: enforceable emissions limitations and Indiana, and Terre Haute? 1. Interested persons may submit control measures, and contingency II. Requirements for SO2 Nonattainment Area initial comments no later than 60 days measures. EPA proposes to conclude Plans from the date of the publication of this that Indiana has appropriately III. Requirements for Attainment document in the Federal Register. Demonstrations and Longer-Term demonstrated that the plan provisions Averaging 2. Pursuant to 39 U.S.C. 505, the provide for attainment of the 2010 SO2 IV. Review of Indiana’s Modeled Attainment Commission appoints Kenneth R. NAAQS in the Indianapolis, Southwest Plans Moeller to serve as an officer of the Indiana, and Terre Haute areas by the A. Model Selection Commission (Public Representative) to applicable attainment date and that the B. Meteorological Data represent the interests of the general plan meets the other applicable C. Emissions Data public in this docket. requirements under the CAA. D. Emission Limits 3. The Secretary shall arrange for 1. Enforceability DATES: Comments must be received on publication of this Order in the Federal 2. Longer Term Average Limits or before September 14, 2018. Register. E. Background Concentrations F. Comments Made During State ADDRESSES: Submit your comments, By the Commission. Rulemaking identified by Docket ID No. EPA–R05– G. Summary of Results Stacy L. Ruble, OAR–2015–0700 at http:// Secretary. V. Review of Other Plan Requirements www.regulations.gov, or via email to A. Emissions Inventory [FR Doc. 2018–17498 Filed 8–14–18; 8:45 am] [email protected]. For B. RACM/RACT BILLING CODE 7710–FW–P comments submitted at Regulations.gov, C. New Source Review (NSR) follow the online instructions for D. RFP submitting comments. Once submitted, E. Contingency Measures ENVIRONMENTAL PROTECTION comments cannot be edited or removed VI. EPA’s Proposed Action AGENCY from Regulations.gov. For either manner VII. Incorporation by Reference VIII. Statutory and Executive Order Reviews of submission, EPA may publish any 40 CFR Part 52 comment received to its public docket. I. Why was Indiana required to submit [EPA–R05–OAR–2015–0700; FRL–9982– Do not submit electronically any an SO2 plan for Indianapolis, 28—Region 5] information you consider to be Southwest Indiana, and Terre Haute? Confidential Business Information (CBI) On June 22, 2010, EPA promulgated a Air Plan Approval; Indiana; Attainment or other information whose disclosure is Plan for Indianapolis, Southwest new 1-hour primary SO2 NAAQS of 75 restricted by statute. Multimedia parts per billion (ppb), which is met at Indiana, and Terre Haute SO2 submissions (audio, video, etc.) must be Nonattainment Areas an ambient air quality monitoring site accompanied by a written comment. when the 3-year average of the annual The written comment is considered the AGENCY: Environmental Protection 99th percentile of daily maximum 1- official comment and should include Agency (EPA). hour average concentrations does not discussion of all points you wish to ACTION: Proposed rule. exceed 75 ppb, as determined in make. EPA will generally not consider accordance with appendix T of 40 CFR SUMMARY: The Environmental Protection comments or comment contents located part 50. See 75 FR 35520, codified at 40 Agency (EPA) is proposing to approve outside of the primary submission (i.e. CFR 50.17(a)–(b). On August 5, 2013, as a State Implementation Plan (SIP) on the web, cloud, or other file sharing EPA designated a first set of 29 areas of revision an Indiana submission to EPA system). For additional submission the country as nonattainment for the methods, please contact the person dated October 2, 2015. The submission 2010 SO2 NAAQS, including the addresses attainment of the 2010 sulfur identified in the FOR FURTHER Indianapolis (Marion County), Morgan INFORMATION CONTACT section. For the dioxide (SO2) national ambient air County, Southwest Indiana (Daviess and quality standard (NAAQS) for the full EPA public comment policy, Pike Counties), and Terre Haute (Vigo Indianapolis (Marion County), information about CBI or multimedia County) areas within Indiana. See 78 FR Southwest Indiana (Daviess and Pike submissions, and general guidance on 47191, codified at 40 CFR part 81, Counties), and Terre Haute (Vigo making effective comments, please visit subpart C. These area designations were County) areas. Indiana also submitted a http://www2.epa.gov/dockets/ effective October 4, 2013. Section 191(a) SIP revision request for the Morgan commenting-epa-dockets. of the CAA directs states to submit SIPs County area. In this proposed action, FOR FURTHER INFORMATION CONTACT: for areas designated as nonattainment EPA is not addressing the Morgan Michelle Becker, Life Scientist, for the SO2 NAAQS to EPA within 18 County portion of the SIP revision Attainment Planning and Maintenance months of the effective date of the request, and will address it separately in Section, Air Programs Branch (AR–18J), designation, i.e., by no later than April a future action. This plan (herein called Environmental Protection Agency, 4, 2015 in this case. Under CAA section a ‘‘nonattainment plan’’) includes Region 5, 77 West Jackson Boulevard, 192(a), the states are required to

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demonstrate that their respective areas nonattainment plans, published on sufficiently specific and non-subjective will attain the NAAQS as expeditiously October 5, 2017 at 82 FR 46434. so that two independent entities as practicable, but no later than 5 years In order for EPA to fully approve a applying the procedures would obtain from the effective date of designation, SIP as meeting the requirements of CAA the same result), and accountable which is October 4, 2018. sections 110, 172 and 191–192 and (source specific limits must be In response to the requirement for SO2 EPA’s regulations at 40 CFR part 51, the permanent and must reflect the nonattainment plan submittals, Indiana SIP for the affected area needs to assumptions used in the SIP submitted nonattainment plans for the demonstrate to EPA’s satisfaction that demonstrations). Indianapolis, Morgan County, each of the aforementioned EPA’s April 2014 guidance Southwest Indiana, and Terre Haute requirements have been met. Under recommends that the emission limits be areas on October 2, 2015. EPA will CAA sections 110(l) and 193, EPA may expressed as short-term average limits address the Morgan County portion of not approve a SIP that would interfere (e.g., addressing emissions averaged the submittal in a future action. The with any applicable requirement over one or three hours), but also remainder of this preamble describes concerning NAAQS attainment and describes the option to utilize emission the requirements that such plans must RFP, or any other applicable limits with longer averaging times of up meet in order to obtain EPA approval, requirement, and no requirement in to 30 days so long as the state meets provides a review of the state’s plans effect (or required to be adopted by an various suggested criteria. See 2014 with respect to these requirements, and order, settlement, agreement, or plan in guidance, pp. 22 to 39. The guidance describes EPA’s proposed action on the effect before November 15, 1990) in any recommends that—should states and plans. area which is a nonattainment area for sources utilize longer averaging times— any air pollutant, may be modified in the longer-term average limit should be II. Requirements for SO2 any manner unless it ensures equivalent set at an adjusted level that reflects a Nonattainment Area Plans or greater emission reductions of such stringency comparable to the 1-hour Nonattainment SIPs must meet the air pollutant. average limit at the critical emission applicable requirements of the CAA, value shown to provide for attainment III. Requirements for Attainment specifically CAA sections 110, 172, 191 that the plan otherwise would have set. and 192. EPA’s regulations governing Demonstrations and Longer-Term The April 2014 guidance provides an nonattainment SIPs are set forth at 40 Averaging extensive discussion of EPA’s rationale CFR part 51, with specific procedural CAA sections 172(c)(1), 172(c)(6) and for concluding that appropriately set requirements and control strategy 192(a) direct states with SO2 areas comparably stringent limitations based requirements residing at subparts F and designated as nonattainment to on averaging times as long as 30 days G, respectively. Soon after Congress demonstrate that the submitted plan can be found to provide for attainment enacted the 1990 Amendments to the provides for attainment of the NAAQS. of the 2010 SO2 NAAQS. In evaluating CAA, EPA issued comprehensive 40 CFR part 51, subpart G further this option, EPA considered the nature guidance on SIPs, in a document delineates the control strategy of the standard, conducted detailed entitled the ‘‘General Preamble for the requirements that SIPs must meet, and analyses of the impact of use of 30-day Implementation of Title I of the Clean EPA has long required that all SIPs and average limits on the prospects for Air Act Amendments of 1990,’’ control strategies reflect four attaining the standard, and carefully published at 57 FR 13498 (April 16, fundamental principles of reviewed how best to achieve an 1992) (General Preamble). Among other quantification, enforceability, appropriate balance among the various things, the General Preamble addressed replicability, and accountability. factors that warrant consideration in SO2 SIPs and fundamental principles for General Preamble, at 13567–68. SO2 judging whether a state’s plan provides SIP control strategies. Id., at 57 FR attainment plans must consist of two for attainment. Id. at pp. 22 to 39. See 13545–13549, 13567–13568. On April components: (1) Emission limits and also id. at Appendices B, C, and D. 23, 2014, EPA issued guidance for other control measures that assure As specified in 40 CFR 50.17(b), the meeting the statutory requirements in implementation of permanent, 1-hour primary SO2 NAAQS is met at an SO2 SIPs submitted under the 2010 enforceable and necessary emission ambient air quality monitoring site NAAQS, in a document entitled, controls, and (2) a modeling analysis when the 3-year average of the annual ‘‘Guidance for 1-Hour SO2 which meets the requirements of 40 CFR 99th percentile of daily maximum 1- Nonattainment Area SIP Submissions,’’ part 51, appendix W which hour average concentrations is less than available at https://www.epa.gov/sites/ demonstrates that these emission limits or equal to 75 parts per billion. In a year production/files/2016-06/documents/ and control measures provide for timely with 365 days of valid monitoring data, 20140423guidance_nonattainment_ attainment of the primary SO2 NAAQS the 99th percentile would be the fourth sip.pdf. In this guidance EPA described as expeditiously as practicable, but by highest daily maximum 1-hour value. the statutory requirements for a no later than the attainment date for the The 2010 SO2 NAAQS, including this complete nonattainment area SO2 SIP, affected area. In all cases, the emission form of determining compliance with which includes: An accurate emissions limits and control measures must be the standard, was upheld by the U.S. inventory of current emissions for all accompanied by appropriate methods Court of Appeals for the District of sources of SO2 within the and conditions to determine compliance Columbia Circuit in Nat’l Envt’l Dev. nonattainment area; an attainment with the respective emission limits and Ass’n’s Clean Air Project v. EPA, 686 demonstration; demonstration of RFP; control measures and must be F.3d 803 (D.C. Cir. 2012). Because the implementation of RACM (including quantifiable (i.e., a specific amount of standard has this form, a single hourly RACT); new source review (NSR); emission reduction can be ascribed to exceedance of the 75 ppb level does not enforceable emissions limitations and the measures), fully enforceable create a violation of the standard. control measures; and adequate (specifying clear, unambiguous and Instead, at issue is whether a source contingency measures for the affected measurable requirements for which operating in compliance with a properly area. A synopsis of these requirements compliance can be practicably set longer term average could cause is also provided in the notice of determined), replicable (the procedures hourly exceedances, and if so the proposed rulemaking on the Illinois SO2 for determining compliance are resulting frequency and magnitude of

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such exceedances, and in particular longer term average limit to be similar 70 ppb. Then suppose that the source whether EPA can have reasonable to the emission profile of a source becomes subject to a 30-day average confidence that a properly set longer subject to an analogous 1-hour average emission limit of 700 pounds per hour term average limit will provide that the limit. EPA expects this similarity (lbs/hour). It is theoretically possible for three-year average of the annual fourth because it has recommended that the a source meeting this limit to have highest daily maximum hourly value longer-term average limit be set at a emissions that occasionally exceed 1000 will be at or below 75 ppb. A synopsis level that is comparably stringent to the lbs/hour, but with a typical emissions of how EPA judges whether such plans otherwise applicable 1-hour limit profile emissions would much more ‘‘provide for attainment,’’ based on (reflecting a downward adjustment from commonly be between 600 and 800 lbs/ modeling of projected allowable the critical emissions value) and that hour. In this simplified example, emissions and in light of the NAAQS’ takes the source’s emissions profile into assume a zero background form for determining attainment at account. As a result, EPA expects either concentration, which allows one to monitoring sites, follows. form of emission limit to yield assume a linear relationship between For plans for SO2 based on 1-hour comparable air quality. emissions and air quality. (A nonzero emission limits, the standard approach Second, from a more theoretical background concentration would make is to conduct modeling using fixed perspective, EPA has compared the the mathematics more difficult but emission rates. The maximum emission likely air quality with a source having would give similar results.) Air quality rate that would be modeled to result in maximum allowable emissions under an will depend on what emissions happen attainment (i.e., in an ‘‘average year’’ 1 appropriately set longer term limit, as on what critical hours, but suppose that shows three, not four days with compared to the likely air quality with emissions at the relevant times on these maximum hourly levels exceeding 75 the source having maximum allowable 5 days are 800 pounds/hour, 1,100 lbs/ ppb) is labeled the ‘‘critical emission emissions under the comparable 1-hour hour, 500 lbs/hour, 900 lbs/hour, and value.’’ The modeling process for limit. In this comparison, in the 1-hour 1,200 lbs/hour, respectively. (This is a identifying this critical emissions value average limit scenario, the source is conservative example because the inherently considers the numerous presumed at all times to emit at the average of these emissions, 900 lbs/ variables that affect ambient critical emission level, and in the hour, is well over the 30-day average concentrations of SO2, such as longer-term average limit scenario, the emission limit.) These emissions would meteorological data, background source is presumed occasionally to emit result in daily maximum 1-hour concentrations, and topography. In the more than the critical emission value concentrations of 80 ppb, 99 ppb, 40 standard approach, the state would then but on average, and presumably at most ppb, 67.5 ppb, and 84 ppb. In this provide for attainment by setting a times, to emit well below the critical example, the fifth day would have an continuously applicable 1-hour emission value. In an ‘‘average year,’’ exceedance that would not otherwise emission limit at this critical emission compliance with the 1-hour limit is have occurred, but the third day would value. expected to result in three exceedance not have an exceedance that otherwise EPA recognizes that some sources days (i.e., three days with hourly values would have occurred, and the fourth have highly variable emissions, for above 75 ppb) and a fourth day with a day would have had a concentration example due to variations in fuel sulfur maximum hourly value at 75 ppb. By below, rather than at 75 ppb. In this content and operating rate, that can comparison, with the source complying example, the fourth highest maximum make it extremely difficult, even with a with a longer-term limit, it is possible daily concentration under the 30-day that additional exceedances would well-designed control strategy, to ensure average would be 67.5 ppb. in practice that emissions for any given occur that would not occur in the 1- This simplified example illustrates hour do not exceed the critical emission hour limit scenario (if emissions exceed the findings of a more complicated value. EPA also acknowledges the the critical emission value at times statistical analysis that EPA conducted concern that longer-term emission limits when meteorology is conducive to poor using a range of scenarios using actual can allow short periods with emissions air quality). However, this comparison plant data. As described in Appendix B above the ‘‘critical emissions value,’’ must also factor in the likelihood that of EPA’s April 2014 SO which, if coincident with exceedances that would be expected in 2 nonattainment meteorological conditions conducive to the 1-hour limit scenario would not planning guidance, EPA found that the requirement for lower average emissions high SO concentrations, could in turn occur in the longer-term limit scenario. 2 is highly likely to yield better air quality create the possibility of a NAAQS This result arises because the longer- than is required with a comparably exceedance occurring on a day when an term limit requires lower emissions stringent 1-hour limit. Based on exceedance would not have occurred if most of the time (because the limit is set analyses described in appendix B of its emissions were continuously controlled well below the critical emission value), 2014 guidance, EPA expects that an at the level corresponding to the critical so a source complying with an emission profile with maximum emission value. However, for several appropriately set longer term limit is allowable emissions under an reasons, EPA believes that the approach likely to have lower emissions at critical appropriately set, comparably stringent recommended in its guidance document times than would be the case if the 30-day average limit is likely to have the suitably addresses this concern. First, source were emitting as allowed with a net effect of having a lower number of from a practical perspective, EPA 1-hour limit. exceedances and better air quality than expects the actual emission profile of a As a hypothetical example to an emission profile with maximum source subject to an appropriately set illustrate these points, suppose a source that always emits 1000 pounds of SO2 allowable emissions under a 1-hour 1 An ‘‘average year’’ is used to mean a year with per hour, which results in air quality at emission limit at the critical emission average air quality. While 40 CFR 50 appendix T the level of the NAAQS (i.e., results in value. This result provides a compelling provides for averaging three years of 99th percentile a design value of 75 ppb). Suppose policy rationale for allowing the use of daily maximum values (e.g., the fourth highest further that in an ‘‘average year,’’ these a longer averaging period, in maximum daily concentration in a year with 365 days with valid data), this discussion and an emissions cause the 5 highest maximum appropriate circumstances where the example below uses a single ‘‘average year’’ in order daily 1-hour average concentrations to facts indicate this result can be expected to simplify the illustration of relevant principles. be 100 ppb, 90 ppb, 80 ppb, 75 ppb, and to occur.

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The question then becomes whether provide for attainment (i.e., the critical demonstration to offer adequately this approach—which is likely to emission value), and applies an reliable assurance that the plan provides produce a lower number of overall adjustment factor to determine the for attainment. exceedances even though it may (lower) level of the longer-term average As stated previously, attainment produce some unexpected exceedances emission limit that would be estimated demonstrations for the 2010 SO2 above the critical emission value— to have a stringency comparable to the NAAQS must demonstrate future meets the requirement in sections otherwise necessary 1-hour emission attainment and maintenance of the 110(a)(1), 172(c)(1), 172(c)(6) and 192(a) limit. This method uses a database of NAAQS in the entire area designated as for SIPs to contain emissions limitations continuous emission data reflecting the nonattainment (i.e., not just at the and control measures to ‘‘provide for type of control that the source will be violating monitor) by using air quality attainment’’ of the NAAQS. For SO2, as using to comply with the SIP emission dispersion modeling (see appendix W to for other pollutants, it is generally limits, which (if compliance requires 40 CFR part 51) to show that the mix of impossible to design a nonattainment new controls) may require use of an sources and enforceable control plan in the present that will guarantee emission database from another source. measures and emission rates in an that attainment will occur in the future. The recommended method involves identified area will not lead to a A variety of factors can cause a well- using these data to compute a complete violation of the SO2 NAAQS. For a designed attainment plan to fail and set of emission averages, computed short-term (i.e., 1-hour) standard, EPA unexpectedly not result in attainment, according to the averaging time and believes that dispersion modeling, using for example if meteorology occurs that averaging procedures of the prospective allowable emissions and addressing is more conducive to poor air quality emission limitation. In this stationary sources in the affected area than was anticipated in the plan. recommended method, the ratio of the (and in some cases those sources located Therefore, in determining whether a 99th percentile among these long term outside the nonattainment area which plan meets the requirement to provide averages to the 99th percentile of the 1- may affect attainment in the area) is for attainment, EPA’s task is commonly hour values represents an adjustment technically appropriate, efficient and to judge not whether the plan provides factor that may be multiplied by the effective in demonstrating attainment in absolute certainty that attainment will candidate 1-hour emission limit to nonattainment areas because it takes in fact occur, but rather whether the determine a longer term average into consideration combinations of plan provides an adequate level of emission limit that may be considered meteorological and emission source 2 confidence of prospective NAAQS comparably stringent. The guidance operating conditions that may attainment. From this perspective, in also addresses a variety of related contribute to peak ground-level evaluating use of a 30-day average limit, topics, such as the potential utility of concentrations of SO . setting supplemental emission limits, 2 EPA must weigh the likely net effect on The meteorological data used in the such as mass-based limits, to reduce the air quality. Such an evaluation must analysis should generally be processed likelihood and/or magnitude of elevated consider the risk that occasions with with the most recent version of emission levels that might occur under meteorology conducive to high AERMET. Estimated concentrations the longer term emission rate limit. concentrations will have elevated should include ambient background emissions leading to exceedances that Preferred air quality models for use in regulatory applications are described in concentrations, should follow the form would not otherwise have occurred, and of the standard, and should be must also weigh the likelihood that the Appendix A of EPA’s Guideline on Air Quality Models (40 CFR part 51, calculated as described in section requirement for lower emissions on 3 2.6.1.2 of the August 23, 2010 average will result in days not having appendix W). In 2005, EPA promulgated AERMOD as the Agency’s clarification memo on ‘‘Applicability of exceedances that would have been Appendix W Modeling Guidance for the expected with emissions at the critical preferred near-field dispersion modeling for a wide range of regulatory 1-hr SO2 National Ambient Air Quality emissions value. Additional policy Standard’’ (EPA, 2010a). considerations, such as in this case the applications addressing stationary

desirability of accommodating real sources (for example in estimating SO2 IV. Review of Indiana’s Modeled world emissions variability without concentrations) in all types of terrain Attainment Plans based on extensive developmental and significant risk of violations, are also The following discussion evaluates appropriate factors for EPA to weigh in performance evaluation. Supplemental guidance on modeling for purposes of various features of the modeling that judging whether a plan provides a Indiana used in its attainment demonstrating attainment of the SO2 reasonable degree of confidence that the demonstrations. plan will lead to attainment. Based on standard is provided in appendix A to these considerations, especially given the April 23, 2014 SO2 nonattainment A. Model Selection the high likelihood that a continuously area SIP guidance document referenced above. Appendix A provides extensive Indiana’s attainment demonstrations enforceable limit averaged over as long used AERMOD, the preferred model for as 30 days, determined in accordance guidance on the modeling domain, the source inputs, assorted types of these applications as identified in with EPA’s guidance, will result in appendix W to CFR part 51. Indiana attainment, EPA believes as a general meteorological data, and background concentrations. Consistency with the used version 14134 of this model, matter that such limits, if appropriately utilizing the regulatory default mode for determined, can reasonably be recommendations in this guidance is generally necessary for the attainment all air quality modeling runs. This considered to provide for attainment of version of AERMOD was the most the 2010 SO2 NAAQS. 2 For example, if the critical emission value is recent version at the time the state The April 2014 guidance offers 1000 pounds of SO2 per hour, and a suitable conducted its nonattainment planning; specific recommendations for adjustment factor is determined to be 70 percent, and, in any case, the results of this determining an appropriate longer-term the recommended longer term average limit would version are likely to be similar to those be 700 pounds per hour. average limit. The recommended 3 EPA published revisions to the Guideline on Air that more recent versions would method starts with determination of the Quality Models (40 CFR part 51, appendix W) on provide. Therefore, EPA finds the use of 1-hour emission limit that would January 17, 2017. this version of AERMOD acceptable.

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The receptor grids and modeling provide for attainment throughout the compared to the locations of the domain followed the recommended respective areas. meteorological instrumentation towers. approaches from appendix W, The appropriate rural or urban land C. Emissions Data Guidelines on Air Quality Models. classifications were selected by Indiana, Receptor spacing for each modeled with only the Indianapolis SO2 area Indiana modeled 14 sources in the facility fence line was every 50 meters being classified as urban. The remaining three nonattainment areas of with 100-meter spacing of receptors out 1-hour SO2 nonattainment areas Indianapolis (6 sources), Southwest to a distance of 500 meters beyond each addressed in this action, in Southwest Indiana (2 sources), and Terre Haute (6 facility. The distances between modeled Indiana and Terre Haute, were modeled sources). The sources were physically facilities contained receptors which as rural. While Indiana’s submittal does located within the nonattainment area; were spaced at 100-meter intervals. The not discuss the rationale for these Indiana excluded facilities that emitted 100-meter spacing receptor grid determinations, EPA agrees that these less than ten tons per year, and Indiana contained in excess of several thousand selections appropriately characterize found no sources outside the these areas. The Indianapolis area has receptors for each modeled nonattainment areas with sufficient historically been modeled using ‘‘urban nonattainment area. The above receptor likely concentration gradient in the dispersion.’’ This combined statistical spacing and facility fence line receptors modeled area to warrant modeling area includes 2.3 million people, explicitly. The emission limits used for brought the total modeled receptors for including Marion County, with just Marion County to 17,925 receptors, the model for 12 of the sources under 1 million people. The population correspond to the revised sulfur dioxide including two additional receptors density for Marion County is 917 people placed at the Marion County SO2 limitations on a 1-hour basis and are per square kilometer, and the modeled found in Indiana Administrative Code monitor locations; Vigo County to 7,111 area is a relatively urban portion of the receptors, including two receptors at (IAC) Part 326, Article 7, and have been county, thus meeting the criterion in included by Indiana in this submission each of the Vigo County SO2 monitors; appendix W that areas with at least 750 and Daviess and Pike to 5,354 receptors, for SIP approval. The applicable people per square kilometer may be emission limits for sgSolutions in Vigo including two located at Daviess and treated as urban. Conversely, Vigo, Pike, Pike County SO monitors. County (Terre Haute) and IPL— 2 and Daviess Counties have population Petersburg in Daviess County Indiana did not assess impacts within densities of 102, 13, and 42 people per (Southwest Indiana) are established on any one facility’s property from the square mile, respectively. Examination a 30-day average basis and are lower of satellite imagery for these areas emissions from other facilities. EPA than the modeled 1-hour attainment confirms that a land use analysis of reviewed Indiana’s modeling results to emission rates (the critical emission these areas would be expected to yield assess whether any further modeling values) by virtue of application of the same character of Indianapolis as was warranted to evaluate impacts adjustment factors determined and urban and the other areas as rural. For within of other facilities on any plant’s applied in accordance with the 2014 Indianapolis, a population of 1,000,000 property. For Southwest Indiana, peak SO Guidance. These limits are (reflecting the approximate population 2 impacts from the two facilities were established and made enforceable in 326 of Marion County) was used in well off any plant property, and IAC 7. EPA finds Indiana’s choice of AERMOD to characterize the strength of therefore insufficient to cause a included sources appropriate, and finds the urban heat island effect. The use of violation within each other’s property. urban dispersion with a 1,000,000 that the modeled emission levels For the Terre Haute area, since the Duke population is appropriate for this appropriately correspond to the limits Wabash River Power Plant and modeling. For these reasons, EPA finds given in 326 IAC 7, in the case of IPL— sgSolutions sources were adjacent, EPA it appropriate to model these areas using Petersburg and sgSolutions by modeling conducted additional modeling that the land classifications identified by the 1-hour emission level that demonstrated that neither plant Indiana. corresponds (before adjustment) to the contributed to a violation within the 30-day average limit established in 326 other plant’s property. Finally, in B. Meteorological Data IAC 7. Further discussion of the 30-day Indianapolis, EPA conducted additional Indiana used the Indianapolis average limits is provided below. modeling for the Vertellus and Rolls National Weather Service (NWS) surface D. Emission Limits Royce facilities due to their proximity to data and the Lincoln, Illinois upper air one another and due to peak station (WBAN#048233) data for An important prerequisite for concentrations for both facilities Indianapolis and Terre Haute, and the approval of an attainment plan is that occurring at their property boundaries. Evansville NWS for surface data and the the emission limits that provide for The analysis showed that collective Lincoln upper air station data for attainment be quantifiable, fully impacts at on-property receptors from Southwest Indiana. These are the closest enforceable, replicable, and the other source and from other sources National Weather Service surface accountable. See General Preamble at in Marion County were below the stations to each respective area. The 13567–68. Some of the limits that NAAQS. Further description of EPA’s State determined these stations to be the Indiana’s plan relies on are expressed as review is provided in the technical most representative for the respective 30-day average limits. Therefore, part of support document available in the modeling domains. The upper air the review of Indiana’s attainment plan docket for this rulemaking.4 EPA finds stations were chosen on the basis of must address the use of these limits, that Indiana’s receptor grids, regional representativeness. EPA finds both with respect to the general supplemented with the results of EPA’s Indiana’s choices of surface and upper suitability of using such limits for this additional analysis, are adequate for air meteorological stations appropriate purpose and with respect to whether the assessing whether the adopted limits based on: (1) The suitability of particular limits included in the plan meteorological data for the study area; have been suitably demonstrated to 4 June 27, 2018 Technical Support Document— and (2) the actual similarity of surface provide for attainment. The first ‘‘Evaluation of Concentrations on Facility Property conditions and surroundings at the subsection that follows addresses the Attributable to Nearby Sources’’. emissions source/receptor impact area enforceability of the limits in the plan,

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and the second subsection that follows Rules.’’ Specifically, the list of rules is be enforceable. A summary of the limits addresses the 30-day average limits. ‘‘Compliance date’’ (326 IAC 7–1.1–3), is shown in Table 1. As shown in this table, the emission 1. Enforceability ‘‘Reporting requirements; methods to determine compliance’’ (7–2–1), limits for sgSolutions Tail Gas In preparing its plans, Indiana ‘‘Marion County sulfur dioxide emission Incinerator Stack EP1 and IPL- adopted revisions to a previously limitations’’ (7–4–2.1), ‘‘Vigo County Petersburg Units 1–4 are expressed as approved state regulation governing sulfur dioxide emission limitations’’ (7– 30-day average limits. Other limits in emissions of SO2. These rule revisions 4–3.1), and ‘‘Pike County sulfur dioxide the rule are expressed as 1-hour average were adopted by the Indiana emission limitations’’ (7–4–15). The limits. The limits are expressed as lbs/ Environmental Rules Board following rules also include associated hour or pounds per million British established, appropriate public review monitoring, testing, and recordkeeping Thermal Units (MMBTU). EPA’s review procedures. In addition, the rule and reporting requirements. For of Indiana’s nonattainment plan revisions provide unambiguous, addresses the use of these limits, both example, continuous emission permanent emission limits, expressed in with respect to the general suitability of monitoring will be conducted for lbs/hour of allowable SO2 emissions, using such limits in attainment that, if exceeded by a source, would be assessing compliance with the 30-day demonstrations, and whether Indiana clear grounds for an enforcement action. average limits. Specifically, 326 IAC 7– has demonstrated that the particular The revised limits for significant 1–9 is being replaced by 7–4–2.1 for limits included in the plan provide for contributing sources have a compliance Marion County and 326 IAC 7–1–10.1 is attainment. EPA addresses Indiana’s use date of January 1, 2017 and are codified being replaced by 326 IAC 7–4–15 for of a 30-day average emission limits in 326 IAC 7, titled ‘‘Sulfur Dioxide Vigo County. EPA finds these limits to below.

TABLE 1—EMISSION LIMITS IN SUBMITTED INDIANA RULES

Emission Source Emission unit description Emission limit (lbs/hour) or other limit requirements (lbs/MMBTU)

Marion County sulfur dioxide emission limitations 326 IAC 7–4–2.1

Citizens Thermal—Perry K Source ID (A) Boiler 11 ...... 73.6 ...... 0.2 No. 00034. (B) Boiler 13 ...... 80.6 ...... 0.2 (C) Boiler 14 ...... 80.6 ...... 0.2 (D) Boilers 12, 15, and 16 ...... Burn natural gas ...... (E) Boiler 17 ...... 72.6 ...... 0.3 (F) Boiler 18 ...... 72.6 ...... 0.3 Belmont Advanced Wastewater Treat- Incinerator 1, Incinerator 2, Incinerator 3, Comply with SO2 limit in 40 CFR 60, ...... ment Plant Source ID No. 00032. and Incinerator 4. subpart MMMM * or 40 CFR 60, sub- part LLLL *. Rolls-Royce Source ID No. 00311 ...... (A) Boiler 0070–58 ...... 0.07 ...... 0.0015 (B) Boiler 0070–59 ...... 0.07 ...... 0.0015 (C) Boiler 0070–62 ...... 0.37 ...... 0.0015 (D) Boiler 0070–63 ...... 0.37 ...... 0.0015 (E) Boilers 0070–64 ...... Burn natural gas or landfill gas ...... 0.01 (F) Boiler 0070–65 ...... Burn natural gas or landfill gas ...... 0.01 (G) Generating Turbine 0070–80 ...... Burn natural gas or landfill gas ...... 0.01 (H) 2 Gas Turbine Engines 0070–66 ...... 0.1 (I) 12 Gas Turbine Engines 0070–67 ...... 0.05 (J) 3 Gas Turbine Engines 0070–68c, ...... 0.05 0070–68d, and 0070–68e. (K) 2 Gas Turbine Engines 0070–68a Burn natural gas ...... and 0070–68b. (L) 3 Gas Turbine Engines 0070–69 ...... 0.05 (M) Three Shack Heaters 0070–70 ...... Burn natural gas ...... (N) Rental Generators ...... 0.0015 (O) Engine Test Cells Plant 5 ...... 0.05 (P) Engine Test Cell Plant 8 ...... 0.1 (Q) Engine Test Cell N20 ...... 18 foot vertical stack, if operating ...... (R) Engine Test Cell N21 ...... 20 foot vertical stack, if operating ...... (S) Engine Test Cell N23 ...... 30 foot vertical stack, if operating ...... (T) Engine Test Cell N24 ...... 20 foot vertical stack, if operating ...... Vertellus Agriculture and Nutrition Spe- (A) 70K Boiler 70–2722W ...... 18.4 ...... 0.20 cialties Source ID No. 00315. (B) 30K Boiler 30–2726S ...... 9.8 ...... 0.25 (C) 28K Boiler 28–186N ...... 9.9 ...... 0.27 (D) Boiler CB–70K ...... Burn natural gas ...... (E) BM Furnace BM2724W ...... 1.1 ...... 0.05 (F) Box Furnace BX2707V ...... 0.8 ...... 0.05 (G) DAB Furnace 732714 ...... 2.8 ...... 0.05 (H) Born Heater 722804 ...... 0.34 ...... 0.05 (I) Born Heater Furnace BXS2706Q ...... 0.3 ...... 0.05 (J) EP Furnace EP2729Q ...... 0.15 ...... 0.05 (K) CB20 CB600–300 Boiler ...... 2.3 ...... 0.09 (L) 50K CN5–400 Boiler ...... 5.5 ...... 0.09 (M) BD Furnace BD2714V ...... 0.75 ...... 0.05

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TABLE 1—EMISSION LIMITS IN SUBMITTED INDIANA RULES—Continued

Emission Source Emission unit description Emission limit (lbs/hour) or other limit requirements (lbs/MMBTU)

(N) Heater BS2740Q ...... 0.3 ...... 0.05 (O) Heater BT2728S ...... 0.3 ...... 0.05 (P) Furnace HW–925.001 ...... 12.25 ...... 1.25 (Q) CS Kettle Born Heater ...... Burn natural gas ...... (R) CS Still Born Heater ...... Burn natural gas ...... (S) Born Hot Oil Furnace (Process Heat- Burn natural gas ...... er) Unit 2607T. Quemetco Source ID No. 00079 ...... WESP Stack ...... 52.0 ...... Indianapolis Power & Light Co.—Harding (A) Boiler 9 ...... Do not operate ...... Street Generating Station Source ID (B) Boiler 10 ...... Do not operate ...... No. 00033. (C) Boiler 50 ...... Burn natural gas ...... (D) Boiler 60 ...... Burn natural gas ...... (E) Boiler 70 ...... Burn natural gas ...... (F) Gas Turbine 1 ...... 29.9 ...... 0.1 (G) Gas Turbine 2 ...... 29.9 ...... 0.1 (H) Gas Turbine 4 ...... 87.5 ...... 0.1 (I) Gas Turbine 5 ...... 86.7 ...... 0.1 (J) Gas Turbine 6 ...... Burn natural gas ...... (K) Emergency Generator ...... 500 hour calendar year operating limit ......

Vigo County sulfur dioxide limitations (326 IAC 7–4–3.1)

Wabash River Combined Cycle Source Combustion Turbine Unit 1A ...... 333.76 ...... 0.195 ID No. 00147. sgSolutions Source ID No. 00091 ...... (A) Tail Gas Incinerator Stack EP1 ...... 230.6 * ...... (B) Process Flare Unit 2 ...... 500 hour calendar year operating limit ...... on coal/syngas. SONY Digital Audio Disc Source ID No. (A) #1 Kewanee Boiler ...... 0.05 00032. (B) #2 Kewanee Boiler ...... 0.05 (C) Unit 3 Burnham Boiler ...... 0.05 (D) Unit 4 Burnham Boiler ...... 0.05 (E) Unit 5 Superior Boiler ...... 0.05 (F) Unit 6 Superior Boiler ...... 0.05 (G) Unit 18 Boiler ...... 0.05 Taghleef Industries Source ID No. 00045 (A) Clayton Boiler (Standby) ...... 0.03 ...... 0.0015 (B) Nebraska Boiler ...... 0.05 ...... 0.0015 (C) Nebraska-D Boiler ...... Burn natural gas ...... Terre Haute Regional Hospital Source ID (A) #1 Boiler ...... 0.45 No. 00046. (B) New #2 Boiler ...... 0.45 Union Hospital Source ID No. 00047 ...... 2 Keeler Boilers ...... 0.36 Duke Energy—Wabash River Generating (A) Boiler 6 ...... 1,499.5 ...... 0.5 Station Source ID No. 00021. (B) Diesel Generators 7A, 7B, and 7C ... 500 hour calendar year operating limit 0.05 (each).

Pike County sulfur dioxide limitations (326 IAC 7–4–15)

Hoosier Energy—Ratts Source ID No. (A) Boiler 1 ...... 58 ...... 0.05 00001. (B) Boiler 2 ...... 58 ...... 0.05 (C) No. 2 Auxiliary Boiler ...... 1.0 ...... 0.05 Indianapolis Power & Light—Petersburg (A) Unit 1 ...... 263.0 * ...... 0.12 * Generating Station Source ID No. (B) Unit 2 ...... 495.4 * ...... 0.12 * 00002. (C) Unit 3 ...... 1,633.7 * ...... 0.29 * (D) Unit 4 ...... 1,548.2 * ...... 0.28 * (E) Diesel Generators PB–2, PB–3, and 500 hour calendar year operating limit ...... PB–4. (each). Indianapolis Power & Light—Petersburg (A) Unit 1 ...... 330.0 ...... 0.15 Generating Station Source ID No. (B) Unit 2 ...... 621.6 ...... 0.15 00002. (C) Unit 3 ...... 2,049.8 ...... 0.37 (D) Unit 4 ...... 1,942.5 ...... 0.35 (E) Diesel Generators PB–2, PB–3, and 500 hour calendar year operating limit ...... PB–4. (each). * Indicates emission limit for the unit is expressed as a 30-day average limit.

2. Longer Term Average Limits to 30 days in length that are comparably determining such a comparably stringent to the 1-hour average limit that stringent limit. The Guidance also notes As noted above, the 2014 SO2 would otherwise have been set, and that it might be appropriate to establish Guidance discusses the option to recommends a detailed procedure for supplemental limits in order to limit the establish limits with averaging times up

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magnitude and/or frequency of elevated corresponding 720-hour average hourly for IPL-Petersburg are for Unit 2, emissions, as a means of further emission rate. addressing a five-year time period reducing the likelihood of elevated The fourth step determined 99th before the relevant limit became emissions occurring on those occasions percentile values for the 1-hour values effective. Approximately seven percent when the meteorology is conducive to and 30-day average values. The 1-hour of available 30-day average values in high concentrations of SO2. values were determined by compiling this data set exceeded the 30-day For both IPL-Petersburg and the values in step 2 over the five-year average limit of 0.12 lbs/MMBTU. In sgSolutions, Indiana closely followed period. The result for the 99th this data set, approximately six percent the six-step recommendation of the percentile 30-day average was of the hourly emissions values exceeded 2014 SO2 Guidance in determining an determined from the calculations in step the critical emission rate of 0.15 lbs/ appropriate level for the 30-day average 3. For IPL-Petersburg, the 99th MMBTU; these elevated values on limits. As a first step in each case, percentile of 1-hour values was 0.233 average were approximately 34 percent Indiana conducted modeling which lbs/MMBTU, and the 99th percentile of above 0.15 lbs/MMBTU. Reduction of determined the 1-hour emission limit 30-day average values was 0.185 lbs/ emissions sufficient to meet the 0.12 that would provide for attainment. MMBTU. For sgSolutions, the 99th lbs/MMBTU limit consistently would Indiana conducted a series of modeling percentile values were 139 and 60.7 lbs/ reduce the frequency and magnitude of runs identifying baseline allowable air hour among 1-hour and 30-day average hourly emissions values above the 0.15 quality (in absence of emission values, respectively. In the fifth step the lbs/MMBTU critical emissions rate, reductions), evaluating the air quality ratio of the values was calculated by although the precise levels are difficult consequences of feasible emission dividing the 99th percentile values for to predict. For sgSolutions, over a six- reductions, and ultimately identifying a the 30-day rolling data and the 1-hour year period, in a data set with no set of reduced allowable emission levels data identified in the fourth step. For exceedances of the 30-day average limit that would provide for attainment. For IPL-Petersburg the result was an of 230.6 lbs/hour (in which, in fact, only IPL-Petersburg, these quantities were adjustment factor of 79.7 percent, and one day had daily average emissions expressed in lbs/MMBTU, and may be for sgSolutions the result was an above 230.6 lbs/hour), only seven hours termed the critical emissions rates. The adjustment factor of 43.6 percent. The (approximately 0.02 percent of the critical emission rates were 0.15, 0.15, final step multiplied the modeled hours) exceeded the critical emission 0.37, and 0.35 lbs/MMBTU, for IPL- critical emissions values calculated in value of 527 lbs/hour, and the Petersburg Units 1–4 respectively. For the first step by the adjustment factors magnitude of these exceedances on sgSolutions, Indiana determined a calculated in the fifth step. This resulted average was only nine percent above the critical emission level of 527 lbs/hour. in 30-day average limits of 0.12, 0.12, critical emission value. Based on these 0.29, and 0.35 lbs/MMBTU for IPL- data, EPA finds that the 30-day average For the second step of the process, for Petersburg Units 1–4 respectively and limit without supplemental limits IPL-Petersburg, Indiana compiled 230.6 lbs/hr for sgSolutions. should suffice in these cases to provide representative emissions data sets from Based on a review of the state’s adequate assurance of attainment. the IPL-Petersburg Unit 2 Flue Gas submittal, these limits provide a For IPL-Petersburg, Indiana’s rule Desulfurization stack, which is the same reasonable alternative to establishing a identifies both a set of 30-day average control technology IPL-Petersburg will per hour 1-hour average emission limit limits and a corresponding set of 1-hour use for Units 1,3, and 4 in order to meet for this source. The state used an limits (the latter set at the critical the emission limits associated with appropriate database and then applied emission value) for the four units of this attaining the 2010 SO2 NAAQS. Indiana an appropriate adjustment, yielding an facility. Indiana’s rule specifies, used data compiled from 2006–2010 for emission limit that has comparable ‘‘Indianapolis Power & Light shall notify the stack. For sgSolutions, Indiana used stringency to the 1-hour average limit the department prior to [January 1, the data from the Tail Gas Incinerator that the state determined would 2017] to indicate if compliance . . . will from 2009–2014 scaled to fewer otherwise have been necessary to be determined using [the specified 1- operating hours to create the emissions provide for attainment. While the 30- hour limits or the specified 30-day data set. day average limit allows for occasions in average limits] and prior to switching The third step was calculating the 30- which emissions are higher than the [which set of limits applies].’’ Given this day rolling averages. The analysis for level that would be allowed under the potential under Indiana’s rules for IPL IPL-Petersburg assessed the variability 1-hour limit, the state’s limit to choose to switch back and forth of the emission rate. The 30-day average compensates by requiring average between a set of 30-day average limits rate was calculated by summing the emissions to be lower than the level that and a set of 1-hour limits, EPA pounds SO2 per hour values over the would otherwise have been required by conducted additional review of the previous 720 hours (30 days) and a 1-hour average limit. enforceability of the limits and of dividing by the sum of the MMBTU per As noted above, the April 2014 whether the potential to switch limits hour over the past 720 hours, yielding Guidance recommends that 30-day might adversely affect the degree to a separate 30-day average pounds of SO2 average limits be accompanied by which these limits assure attainment. per MMBTU for each successive ending supplemental limits that help serve to Regarding enforceability, the primary hour. Using this calculation ensured minimize the frequency and/or question is whether at any time the that any hours showing zero emissions magnitude of occasions with elevated applicable requirements are did not affect the calculations. This emissions. Indiana did not use unequivocally clear, such that the calculation is consistent with the supplemental limits. Therefore, EPA occurrence of emissions above the procedures used in determining examined available emissions data at specified level unquestionably compliance with the Mercury and Air IPL-Petersburg and at sgSolutions to constitutes noncompliance. Since the Toxics Standard (MATS) rule, as evaluate the likely frequency and limits themselves are clearly specified recommended in appendix C of the magnitude of spikes in emissions above in Indiana’s rule, the pertinent question 2014 EPA SO2 Guidance. The analysis the critical emission value while is whether the choice of limits is clear, for sgSolutions used statistics on the nevertheless complying with the 30-day i.e. whether it is always clear whether hourly mass emission rate and the average limit. The most pertinent data the 30-day average limits or the 1-hour

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limits apply. As noted above, Indiana’s prospective applicable set of limits if it nonattainment area, both in Vigo rule requires IPL-Petersburg to notify anticipates significant changes in County. the state of its initial choice of operations, the experience to date is that For the Vigo County analysis, the applicable limits and to notify the state IPL has made no switches in the controlling monitor (i.e., highest design of any choice IPL makes to switch selection since electing the 30-day value over the 2011–2013 period), applicable limits. Thus, pursuant to the average in January 2017, and nothing in Harrison Road monitor (18–125–0005) requirements of the rule, the applicable the record suggests that IPL is likely to was used. The monitor is sited set of limits is always specified, Indiana switch which limits apply in the future. approximately 2.5 kilometers southeast always knows which set of limits For these reasons, EPA believes that of the Duke Energy-Wabash River applies, and this information is Indiana’s limits for IPL are an facility, which Indiana considered available to EPA and any other appropriate part of an attainment plan nearby, so Indiana determined interested party upon request to for Southwest Indiana that provide for background concentrations from a data Indiana. attainment, most likely by requiring set that excluded data when winds were EPA also evaluated whether the compliance with an appropriately from the northwest. The result was a option to switch applicable limits might adjusted set of 30-day average limits. background concentration of 23.0 mg/m3 yield less air quality protection than The issue of switching limits does not (8.8 ppb). EPA has reviewed these permanently imposing 30-day average apply to sgSolutions; this source is background concentrations and finds limits or permanently imposing 1-hour permanently subject to a 30-day average these values appropriate as model limits. At any given time, IPL is subject limit. EPA believes that the 30-day inputs. to a single set of limits; IPL cannot average limits for IPL-Petersburg and F. Comments Made During State excuse noncompliance with the sgSolutions are appropriate elements of Rulemaking applicable limits even if it is meeting Indiana’s attainment plans for the the alternative limits. Therefore, IPL applicable areas. During the preparation of its does not have the option to choose nonattainment plans, Indiana received E. Background Concentrations limits contemporaneously according to and responded to a number of a short-term judgment as to which set of Indiana determined background comments by, among others, EPA and limits is less stringent for that time concentrations by selecting the 99th the Sierra Club that EPA believes period. Instead, IPL must design its percentile of a monitoring data set that warrant further discussion in this control strategy to meet the limits with excluded values from emission sources action. the chosen averaging time rather than to where the upwind SO2 concentration The first comment from EPA to aim simply to meet whichever set of exceeded 10 ppb. For Indianapolis, the Indiana pertained to the IPL–Petersburg limits might be less stringent for any background concentration was facility having a choice between hourly particular period. generated using the hourly and 30-day average limits in the Pike A further question about switching concentrations from the Harding Street county emission limit rules, and limits is whether applying 1-hour limits monitor (18–097–0057). At the time requesting that Indiana assure clarity as for part of a year and longer-term limits Indiana conducted its analysis this was to which limits apply, by including for another part of the year provides as the only suitable background monitor. explicit requirements for reporting and much air quality protection as applying The monitor is sited about four recordkeeping to which limits apply. a single set of limits for the entire year. kilometers northeast of the Indianapolis Indiana responded to the comment by Use of long term average limits creates Power and Light-Harding Station adding language at 326 IAC 7–4–15(e) the potential for periods with elevated source. For the determination of a requiring the source to notify IDEM emissions that may yield additional, background value Harding Station when switching from one set of limits unmodeled exceedances (i.e., Power Plant was considered a nearby to the other. For any switch from the 1- exceedances beyond those identified in source and was expressly included in hour limits to the 30-day average limits, modeling of constant emissions), but the modeling analysis, and so Indiana IDEM’s final rule requires compliance also creates a compensating likelihood determined the Indianapolis with the 1-hour limit until the first 30- of avoiding some of the modeled background concentration from a day average emission rate is calculated exceedances because the downward Harding Street data set that excluded so that there is no gap in compliance. adjusted long-term average limit values during hours with winds from EPA agrees that this change in the requires emissions to be lower most of the south and southwest. The resulting rulemaking ensures clear compliance the time. At issue here is the risk that background concentration was 22.5 requirements and establishes the 30-day in a year when both types of limits micrograms per cubic meter (mg/m3) (8.6 average limit (when applicable) in a apply, the periods subject to 30-day ppb). manner (consistently requiring a average limits might have additional, In the Southwest Indiana area there reduced level of emissions) that unmodeled exceedances while the are two monitors, one located in each of provides the full protection against periods subject to 1-hour limits might Pike and Daviess counties. The monitor violations recommended in EPA’s not avoid any of the exceedances found with the highest background guidance. in constant emissions modeling. concentration is the Arda Lane monitor Sierra Club expressed concerns about For several reasons, EPA believes that located in Pike County (18–125–0005) the Duke Energy facility in Gibson this concern does not apply in this case. with a value of 25.9 mg/m3 (9.9 ppb). County (‘‘Gibson’’), commenting that Indiana’s rule requires IPL to notify The monitor is sited about 1 kilometer Indiana should have modeled Gibson Indiana before any change in limits and, to the south of IPL-Petersburg source explicitly. Indiana responded that in the case of a switch from 30-day and about 1.5 kilometers east of the emissions reductions from the sources average limits to one-hour limits, to Hoosier Plant. Indiana considered these located within Pike and Daviess County complete a 30-day period in compliance two sources nearby, and determined a nonattainment area were the most with the 30-day average limits before background concentration from a data responsible for bringing the area into the one-hour limits take effect. IPL set that excluded data when winds were attainment. Other SO2 sources in cannot change the applicable limits from the northwest. There are two surrounding counties are accounted for retroactively. While IPL may change the monitors located in the Terre Haute within the representative 1-hour SO2

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background concentration. EPA notes recommended consideration of emission year, not a 12-month time span, so that the criterion recommended in limits for sources that are required to be compliance by January 1, 2017 is appendix W of 40 CFR 51 for sources to explicitly modeled in the attainment recommended to provide for a calendar be modeled explicitly are those nearby demonstration. Sources such as Gibson year of data for later informing whether sources that are not adequately that are accounted for as part of the timely attainment has occurred. EPA represented by ambient monitoring data, monitored background concentration supports the decision made by Indiana such as sources that cause a significant need not be modeled explicitly (as to require compliance with the new concentration gradient in the vicinity of noted above) and in particular need not limits by January 1, 2017. the area of interest. Gibson is about 46 be considered on the basis of allowable kilometers southwest of the Southwest emissions. That is, Appendix W advises G. Summary of Results Indiana nonattainment area. At this consideration of distant sources such as The final dispersion modeling results distance, concentration gradients may Gibson on the basis of available submitted by Indiana show design be presumed to be quite small, and the monitoring data, irrespective of any impacts of Gibson may reasonably be limits on Gibson emissions that may values, as provided in Table 2 below, considered accounted for in the apply. Indiana’s modeling analysis, in that are less than 75 ppb. Therefore, background concentration for the accordance with appendix W, Indiana’s modeling analysis Southwest Indiana nonattainment area. demonstrates that the Southwest demonstrates attainment of the 2010 Thus, EPA agrees with Indiana’s Indiana nonattainment area can be SO2 NAAQS for the Indianapolis, conclusion that any impact from Gibson expected to attain the standard without Southwest Indiana, and Terre Haute on the Southwest Indiana regard to whether emission limits for areas. EPA believes that Indiana’s nonattainment area is appropriately Gibson are established. Thus, Indiana’s modeling appropriately reflects captured in the background SIP submission is approvable without allowable emissions in these areas, concentration for the Southwest Indiana limits for Gibson. including, for sources subject to 30-day nonattainment area, such that explicit Also, several utility groups average limits, the 1-hour emission rates modeling of this facility is unnecessary. commented that Indiana should use a that upon appropriate adjustment In a related comment, Sierra Club compliance date of October 1, 2017, correspond to the 30-day average limits commented that Indiana needed to which would allow for twelve months that Indiana has adopted. EPA has impose SO2 limits on the Duke Energy of data to demonstrate attainment of the reviewed Indiana’s attainment facility in order to ensure that the standard prior to the October 2018 demonstrations, agrees with Indiana’s Southwest Indiana nonattainment area attainment deadline. Indiana chose submitted results, and proposes to (Daviess and Pike counties) attained the instead to adopt its proposed determine that the enforceable measures standard. Indiana’s attainment compliance date of January 1, 2017. in Indiana’s plans provide for demonstration for the Southwest This compliance date was attainment of the 2010 primary SO2 Indiana nonattainment area did not recommended in the 2014 EPA NAAQS in the Indianapolis, Southwest depend on emission limits for Gibson. Guidance because monitoring site data Indiana, and Terre Haute nonattainment Appendix W specifies the are certified annually on a calendar areas.

TABLE 2—1-HOUR SO2 DISPERSION MODELING RESULTS

Southwest Area name Indianapolis Indiana Terre Haute

Modeled Concentration (ppb) ...... 64.4 64.9 63.8 Background Concentration (ppb) ...... 8.6 9.9 8.8

Total Concentration (ppb) ...... 73 74.8 72.6

V. Review of Other Plan Requirements as well as any sources located outside road emissions were compiled from the the nonattainment area which may EPA Emissions Modeling Clearinghouse A. Emissions Inventory affect attainment in the area. See CAA (SO2 NAAQS Emissions Modeling The emissions inventory and source section 172(c)(3). platform 2007/2007v5) for the 2008 NEI emission rate data for an area serve as Indiana provided a comprehensive, and the 2018 projected inventory year. the foundation for air quality modeling accurate, and current inventory of SO2 Data were interpolated between 2008 and other analyses that enable states to: emissions for Marion (Indianapolis), and 2014 to determine the airport, area, (1) Estimate the degree to which Daviess and Pike (Southwest Indiana), non-road, and on-road emissions 2011 different sources within a and Vigo counties (Terre Haute). The inventory and between 2014–2020 for nonattainment area contribute to following source categories were 2018. As noted above, these inventories violations within the affected area; and included: Electric-generating units addressed sources within each (2) assess the expected improvement in (EGUs), non-EGUs (point), non-point nonattainment county and can be found air quality within the nonattainment (area), non-road, and on-road sources of in appendix H of the submitted area due to the adoption and SO2 and are summarized in Table 3. attainment demonstration. Indiana also implementation of control measures. As Indiana uploads point source emissions provided modeling inputs that include noted above, the state must develop and to the National Emissions Inventory a listing of the individual sources with submit to EPA a comprehensive, (NEI) annually. For the 2011 base year sufficient proximity to and impact on accurate and current inventory of actual inventory, emissions from EGU and the nonattainment areas to warrant emissions from all sources of SO2 non-EGUs are actual reported emissions. being explicitly included in the emissions in each nonattainment area, Data for airport, area, non-road, and on- modeling analysis.

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TABLE 3—2011 ACTUAL EMISSIONS INVENTORY

Daviess Pike Marion (southwest (southwest Vigo (Indianapolis) Indiana) Indiana) (Haute Terre) (tpy) (tpy) (tpy) (tpy)

EGU ...... 18,998.02 0 34,728.99 55,782.42 Point ...... 4,582.46 8.39 2.74 102.79 Area ...... 193.21 55.63 13.60 32.51 Non-road ...... 125.37 1.23 1.38 9.42 On-road ...... 121.88 3.14 1.85 13.72

By providing a comprehensive, on October 7, 1994 (94 FR 24838). These Indiana’s rules also provide for accurate, and current inventory of SO2 rules provide for appropriate new additional contingency measures as emissions for Marion, Pike, Daviess, and source review for SO2 sources necessary, following a review of any air Vigo counties, Indiana has met the undergoing construction or major quality problems that become identified emission inventory requirement of CAA modification in the Indianapolis, and following a review of options for section 172(c)(3) for the Indianapolis, Southwest Indiana, and Terre Haute mitigating the problems that arise. Southwest Indiana, and Terre Haute without need for modification of the However, Indiana is not relying on these areas. This inventory represents approved rules. Therefore, EPA provisions to satisfy the requirements emissions in 2011, a time when the concludes that this requirement has for contingency measures. areas were violating the standard. While already been met for these areas. VI. EPA’s Proposed Action section 172(c)(3) does not have a formal D. RFP requirement for an attainment year EPA is proposing to approve Indiana’s inventory, the state did include Indiana’s adopted rules in 326 IAC 7 SIP submission, which the state allowable attainment year emissions in require that control measures be submitted to EPA on October 2, 2015, its modeling analysis. implemented no later than January 1, for attaining the 2010 1-hour SO2 2017. Indiana has concluded that this NAAQS for the Indianapolis, Southwest B. RACM/RACT plan requires that affected sources Indiana, and Terre Haute areas. In its submission, Indiana discusses implement appropriate control These SO2 nonattainment plans its rationale for concluding that the measures as expeditiously as practicable include Indiana’s attainment nonattainment plans meet the RACM/ in order to ensure attainment of the demonstration for the Indianapolis, RACT requirements in accordance with standard by the applicable attainment Southwest Indiana, and Terre Haute SO2 EPA guidance. For most criteria date. Indiana concludes that this plan nonattainment areas. These pollutants, RACT is control technology therefore provides for RFP in nonattainment plans also address as needed to meet the NAAQS that is accordance with the approach to RFP requirements for emission inventories, reasonably available considering described in EPA’s guidance. EPA RACT/RACM, RFP, and contingency technological and economic feasibility. concurs and proposes to conclude that measures. Indiana has previously However, Indiana cites EPA guidance the plan provides for RFP. addressed requirements regarding that the definition of RACT for SO is, nonattainment area NSR. EPA has 2 E. Contingency Measures simply, ‘‘that control technology which determined that Indiana’s SO2 is necessary to achieve the NAAQS (40 In its November 15, 2017 clarification nonattainment plans for Indianapolis, CFR 51.1 00(o))’’. Indiana in fact memo, Indiana explained its rationale Southwest Indiana, and Terre Haute requires the control technology that for concluding that the plans met the meet the applicable requirements of modeling shows to be necessary to requirement for contingency measures CAA sections 110, 172, 191, and 192. ensure attainment of the SO2 NAAQS by in accordance with EPA guidance. EPA is taking no action at this time on the applicable attainment date. Specifically, Indiana relies on EPA’s Indiana’s submittal with respect to Additionally, the Indiana submission guidance, noting the special Morgan County. includes limits for the individual units circumstances that apply to SO2 (as EPA is taking public comments for in the nonattainment areas. The limits discussed above), and explaining on thirty days following the publication of are established in the attainment that basis why the contingency this proposed action in the Federal demonstration, and made permanent requirement in CAA section 172(c)(9) is Register. We will take all comments into and enforceable in SIP rule 326 IAC 7, met for SO2 by having a comprehensive consideration in our final action. program to identify sources of violations Sulfur Dioxide Rules. VII. Incorporation by Reference Indiana has determined that these of the SO2 NAAQS and to undertake an measures suffice to provide for timely aggressive follow-up for compliance and In this rule, EPA is proposing to attainment. EPA concurs and proposes enforcement of applicable emissions include in a final EPA rule regulatory to conclude that the state has satisfied limitations. Indiana stated that it has text that includes incorporation by the requirements in sections 172(c)(1) such an enforcement program as reference. In accordance with and (6) to adopt and submit all RACT/ codified in Indiana Code Title 13, requirements of 1 CFR 51.5, EPA is RACM and emission limitations and Articles 14 and 15, identifying violators proposing to incorporate by reference control measures as needed to attain the and taking prompt, appropriate Indiana Administrative Code, Title 326, standards as expeditiously as enforcement action. On this basis, EPA Article 7, ‘‘Compliance date’’ (326 IAC practicable. concludes that Indiana’s nonattainment 7–1.1–3), ‘‘Reporting requirements; plans satisfy contingency measure methods to determine compliance’’ (7– C. New Source Review (NSR) requirements for the Indianapolis, 2–1), ‘‘Marion County sulfur dioxide EPA approved Indiana’s Southwest Indiana, and Terre Haute emission limitations’’ (7–4–2.1), ‘‘Vigo nonattainment new source review rules nonattainment areas. County sulfur dioxide emission

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limitations’’ (7–4–3.1), and ‘‘Pike October 4, 1993) and 13563 (76 FR 3821, • Does not provide EPA with the County sulfur dioxide emission January 21, 2011); discretionary authority to address, as limitations’’ (7–4–15), effective January • Does not impose an information appropriate, disproportionate human 1, 2107. EPA has made, and will collection burden under the provisions health or environmental effects, using continue to make, these documents of the Paperwork Reduction Act (44 practicable and legally permissible generally available through U.S.C. 3501 et seq.); • methods, under Executive Order 12898 www.regulations.gov, and at the EPA Is certified as not having a (59 FR 7629, February 16, 1994). Region 5 Office. (Please contact the significant economic impact on a In addition, the SIP is not approved person identified in the FOR FURTHER substantial number of small entities to apply on any Indian reservation land INFORMATION CONTACT section of this under the Regulatory Flexibility Act (5 preamble for more information.) U.S.C. 601 et seq.); or in any other area where EPA or an • Does not contain any unfunded Indian tribe has demonstrated that a VIII. Statutory and Executive Order mandate or significantly or uniquely tribe has jurisdiction. In those areas of Reviews affect small governments, as described Indian country, the rule does not have Under the CAA, the Administrator is in the Unfunded Mandates Reform Act tribal implications and will not impose required to approve a SIP submission of 1995 (Pub. L. 104–4); substantial direct costs on tribal • Does not have Federalism that complies with the provisions of the governments or preempt tribal law as implications as specified in Executive Act and applicable Federal regulations. specified by Executive Order 13175 (65 Order 13132 (64 FR 43255, August 10, FR 67249, November 9, 2000). 42 U.S.C. 7410(k); 40 CFR 52.02(a). 1999); Thus, in reviewing SIP submissions, • Is not an economically significant List of Subjects in 40 CFR Part 52 EPA’s role is to approve state choices, regulatory action based on health or provided that they meet the criteria of safety risks subject to Executive Order Environmental protection, Air the CAA. Accordingly, this proposed 13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by action merely approves state law as • Is not a significant regulatory action reference, Intergovernmental relations, meeting Federal requirements and does subject to Executive Order 13211 (66 FR Reporting and recordkeeping not impose additional requirements 28355, May 22, 2001); requirements, Sulfur oxides. beyond those imposed by state law. For • Is not subject to requirements of Dated: August 2, 2018. that reason, this proposed action: Section 12(d) of the National • Is not a ‘‘significant regulatory Technology Transfer and Advancement Cathy Stepp, action’’ subject to review by the Office Act of 1995 (15 U.S.C. 272 note) because Regional Administrator, Region 5. of Management and Budget under application of those requirements would [FR Doc. 2018–17582 Filed 8–14–18; 8:45 am] Executive Order 12866 58 FR 51735, be inconsistent with the CAA; and BILLING CODE 6560–50–P

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Notices Federal Register Vol. 83, No. 158

Wednesday, August 15, 2018

This section of the FEDERAL REGISTER Dated: August 7, 2018. DEPARTMENT OF AGRICULTURE contains documents other than rules or Karen Baquedano, proposed rules that are applicable to the Director, Center for Performance Excellence, Office of the Secretary public. Notices of hearings and investigations, committee meetings, agency decisions and Human Capital and Talent Management, U.S. Notice of Request for Expression of rulings, delegations of authority, filing of Agency for International Development. Interest for Potential Sites for petitions and applications and agency [FR Doc. 2018–17601 Filed 8–14–18; 8:45 am] Headquarters Office Locations statements of organization and functions are BILLING CODE P examples of documents appearing in this AGENCY: Office of the Secretary, USDA. section. ACTION: Notice.

SUMMARY: DEPARTMENT OF AGRICULTURE The U.S. Department of AGENCY FOR INTERNATIONAL Agriculture (USDA) is exploring DEVELOPMENT Request for Nominations of Members potential sites for a proposed new for the National Agricultural Research, headquarters location for the National Senior Executive Service: Membership Extension, Education, and Economics Institute of Food and Agriculture (NIFA) of Performance Review Board and the Economic Research Service Advisory Board, Specialty Crop (ERS). The need for a proposed NIFA ACTION: Notice. Committee, and National Genetics facility would be approximately 90,000 Advisory Council SUMMARY: This notice lists approved square feet to house approximately 360 employees. The need for a proposed candidates who will comprise a AGENCY: Research, Education, and ERS facility would be up to 70,000 standing roster for service on the Economics, USDA. Agency’s 2018 SES Performance Review square feet to house up to 260 Board. The Agency will use this roster ACTION: Solicitation for membership. employees. Appropriations will dictate to select SES Performance Review Board the ultimate size of the selection. USDA is requesting Expressions of Interest members. The standing roster is as SUMMARY: In accordance with the from State and Local governments, follows: Federal Advisory Committee Act, the U.S. Department of Agriculture (USDA) industry, academia, interested parties Allen, Colleen and organizations for potential locations announces the opening of the Bader, Harry that would accommodate the solicitation for nominations to fill Broderick, Deborah construction and/or lease and operation Buckley, Ruth vacancies on the National Agricultural of a NIFA and/or ERS headquarters Chan, Carol Research, Extension, Education, and facility. USDA is interested in exploring Crumbly, Angelique Economic (NAREEE) Advisory Board Detherage, Maria options to house the headquarters of and its subcommittees. There are eight NIFA and ERS jointly or in separate Ehmann, Claire vacancies on the NAREEE Advisory Feinstein, Barbara locations. Board; three vacancies on the Specialty Foley, Jason DATES: Interested parties wishing to Crop Committee; six vacancies on the Girod, Gayle make an Expression of Interest should Jenkins, Robert Citrus Disease Subcommittee; and two do so in writing by September 14, 2018. vacancies on the National Genetics Johnson, Mark ADDRESSES: Interested parties are Koek, Irene Advisory Council. invited to submit comments regarding Kuyumjian, Kent Correction this notice. All submissions must refer Leavitt, William to ‘‘Expression of Interest’’ to ensure Lennon, Stephen In the Federal Register of July 20, proper delivery. Lewis, Kimberly 2018, FR Doc. No. 83, pages 34536– • Electronic Submission of Longi, Maria Expression of Interest. Interested Mahanand, Vedjai 34537 on page one, under Date, should persons may submit information Miranda, Roberto read as follows: Mitchell, Reginald All nomination materials should be electronically to the following email address [email protected]. Moore, David submitted in a single, complete package • Ohlweiler, John Submission of Comments by Mail, and received or postmarked by August Hand delivery, or Courier. Paper, disk, Pascocello, Susan 24, 2018. Peters, James or CD–ROM submissions should be Shelat, Neilesh Done at Washington, DC, this day of submitted to Donald K. Bice, Deputy Sokolowski, Alexander August 6, 2018. Assistant Secretary, Office of the Staley, Kenneth Chavonda Jacobs-Young, Assistant Secretary for Administration, USDA, Jamie L. Whitten Building, Room Steele, Gloria Acting Under Secretary, Research, Education, Vera, Mauricio and Economics, Acting Chief Scientist. 240–W, 1400 Independence Ave. SW, Washington, DC 20250. Voorhees, John [FR Doc. 2018–17537 Filed 8–14–18; 8:45 am] Walther, Mark FOR FURTHER INFORMATION CONTACT: Warren, Gordon BILLING CODE 3410–03–P Donald K. Bice, Telephone Number: Whyche-Shaw, Oren (202) 720–3291. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: NIFA’s Maryclare Whitehead, 202–216–3489. mission is to invest in and advance

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agricultural research, education, and the headquarters of NIFA and ERS guidance. Moreover, ERS is an integral extension to solve societal challenges. In jointly or in separate locations. agency for the Office of the Chief collaboration with the Land-Grant This request for expression of interest, Economist Office’s World Agricultural Universities and other partners, NIFA published in today’s Federal Register, is Outlook Board activities. Therefore, the supports the future of agriculture and the first step in the process to consider new location will be required to offer the nation’s well-being through its site options. USDA will evaluate each secure and confidential connectivity to forward-thinking investments in critical EOI submission using the four criteria in the USDA’s South Building to facilitate science, education, and engagement no particular order (transportation monthly teleconferences with the efforts. logistics, workforce, community/quality Interagency Commodity Estimates The mission of ERS is to inform and of life, and capital and operating costs) Committee meetings (https:// enhance public and private decision to determine if it should be further www.usda.gov/oce/commodity/wasde/ making on a broad range of economic evaluated as part of the location prepared.htm). The ability of the new and policy issues related to agriculture, selection process. location to offer those capabilities will food, natural resources, and rural Logistics. Personnel travel and be viewed as a prerequisite condition America. The Agency’s mission is to logistics needs are critically important. for a successful bid. anticipate issues that are on the horizon, This includes being located within a Expression of Interest Format: The and to conduct sound, peer-reviewed reasonable distance of a commercial length of the Expression of Interest economic research. ERS is also a primary airport and the transportation should be no more than 5 pages using primary source of statistical indicators infrastructure to have commuting 12-point font. While the responder may that, among other things, gauge the options for employees. determine how best to use the 5 pages, Workforce. Locating NIFA and ERS health of the farm sector (including farm we recommend: SECTION 1—Summary; headquarters in a community includes a income estimates and projections), and SECTION 2 through SECTION 5 a significant opportunity to improve assess the current and expected description of location with specific economic conditions and create performance of the agricultural sector reference to the 4 items requested by employment opportunities. It is (including trade), and provide measures USDA below. important that the potential site be in 1. A description of your consortium/ of food security here and abroad. Most close proximity to a critical mass of organization, and its capabilities to of the Agency’s research is conducted intellectual capacity and potential support the location of the NIFA and by a highly trained staff of economists employees to continue the high value ERS headquarters at its recommended and social scientists through an and productive work of NIFA and ERS. site (SECTION 2). intramural program of research, market Community/Quality of Life. One of the 2. A description of how the potential outlook, and analysis. most important resources of any USDA site addressed the four site criteria The current headquarters facility for organization is its employees. Though categories (transportation logistics, NIFA is in General Services the Washington DC area has many workforce, community/quality of life, Administration leased space in positive attributes, it routinely ranks as and capital and operating costs) Washington DC That lease is expiring having some of the longest commute described above (SECTION 3). and the USDA and NIFA are interested times and one of the highest costs of 3. A map showing the location of the in potential new sites for a headquarters living in the Nation. USDA wants to potential site, nearby (within 10 miles) facility. The current headquarters locate the NIFA and ERS headquarters political boundaries, demographics and facility for ERS is in General Services in a community where our employees characteristics of surrounding Administration leased space in will enjoy living, recreational communities (within 10 miles) Washington DC This inquiry is intended opportunities, educational (SECTION 4). to continue the implementation of opportunities, and an overall high 4. A site description including Secretary Perdue’s goal of ensuring quality of life. ownership, total site acreage and USDA programs are delivered Capital and Operating Costs. The acreage available for development; efficiently, effectively, and with need to invest upfront capital costs and existing physical infrastructure integrity and a focus on customer ongoing operational costs will be a including number of structures, their service. With the expiration of the factor in the site selection process. size, vintage and current use; current current lease for the NIFA headquarters Lower costs and the potential of activities; on-site tenants (if applicable); facility and the ability of ERS to vacate incentives to offset costs will be and estimated costs as tenant (SECTION its existing lease there is an opportunity considered. 5). for the agencies to be closer to its Information Technology Proprietary Information: If the customers and facilitate economic infrastructure. While there is the need Expression of Interest contains development in Rural America. consider upfront investments in capital information that the submitter believes Request for Expression of Interest: costs and ongoing operational costs in is privileged or confidential, the USDA requests Expressions of Interest the site selection process; it is also appropriate portions of the submission from State and Local governments, important for the ERS location to offer should be marked ‘‘Proprietary industry, academia, interested parties enhanced IT security to meet the full Information’’ and will not be publicly and organizations to identify potential requirements of handling and properly released except as required by law. This sites or locations for the NIFA and ERS protecting confidential information at restriction does not limit the headquarters facility. A consortium the new location. ERS, being a Federal Government’s or its contractors’ or could be an appropriate respondent. All statistical agency, will be required to agents’ right to use data obtained viable options will be evaluated for the maintain functional and physical without restriction from any source, location of the facility (i.e., Federal separation of IT resources in order to including the respondent. government property, Federal research meet the data protection requirements USDA is under no obligation to pay property, land deeded to the described in the Confidential for any costs associated with the government, long-term lease, Information Protection and Statistical preparation or submission of commercial site, etc.). USDA is Efficiency Act (44 U.S.C. 101) and in Expressions of Interest in response to interested in exploring options to house OMB’s related implementation this notice. USDA reserves the right to

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respond or not respond to any portion, Development, Food Safety and poultry products increased by $96. In all, or none of the Expressions of Inspection Service, USDA, 1400 accordance with 9 CFR Interest submitted in response to this Independence Avenue SW, Room 6065, 303.1(d)(2)(iii)(b) and Notice. Responders whose submissions South Building, Washington, DC 20250; 381.10(d)(2)(iii)(b), because the dollar are deemed worthy of further (202) 720–5627. limitation of meat and meat food consideration given the criteria SUPPLEMENTARY INFORMATION: products and poultry and poultry expressed herein may be asked to Background products did not increase or decrease by provide additional information. USDA’s more than $500, FSIS is making no further consideration of certain The Federal Meat Inspection Act (21 adjustment in the dollar limitations on Responders’ Expressions of Interest does U.S.C. 601 et seq.) and the Poultry sales to hotels, restaurants, and similar not obligate USDA to provide funds to Products Inspection Act (21 U.S.C. 451 institutions. The dollar limitation for such Responders or to enter into et seq.) provide a comprehensive meat and meat food products remains contractual relationships with such statutory framework to ensure that meat, unchanged at $75,700 and the dollar Responders. meat food products, poultry, and limitation for poultry and poultry poultry products prepared for commerce Dated: August 9, 2018. products remains unchanged at $56,600 are wholesome, not adulterated, and Donald K. Bice, for calendar year 2018. properly labeled and packaged. Deputy Assistant Secretary for Administration. Statutory provisions requiring Additional Public Notification inspection of the processing of meat, [FR Doc. 2018–17555 Filed 8–14–18; 8:45 am] meat food products, poultry, and Public awareness of all segments of BILLING CODE 3410–90–P poultry products do not apply to rulemaking and policy development is operations of types traditionally and important. Consequently, FSIS will announce this Federal Register DEPARTMENT OF AGRICULTURE usually conducted at retail stores and restaurants in regard to products for sale publication on-line through the FSIS Food Safety and Inspection Service to consumers in normal retail quantities web page located at: http:// (21 U.S.C. 661(c)(2) and 454(c)(2)). www.fsis.usda.gov/federal-register. FSIS [Docket No. FSIS–2018–0009] FSIS’s regulations (9 CFR 303.1(d) and also will make copies of this publication Retail Exemptions Adjusted Dollar 381.10(d)) elaborate on the conditions available through the FSIS Constituent Limitations under which requirements for Update, which is used to provide inspection do not apply to retail information regarding FSIS policies, AGENCY: Food Safety and Inspection operations involving the preparation of procedures, regulations, Federal Service, USDA. meat and meat food, and processing of Register notices, FSIS public meetings, ACTION: Notice. poultry and poultry products. and other types of information that could affect or would be of interest to SUMMARY: The Food Safety and Sales to Hotels, Restaurants, and Similar Institutions our constituents and stakeholders. The Inspection Service (FSIS) is announcing Constituent Update is available on the the dollar limitations on the amount of Under these regulations, sales to FSIS web page. Through the web page, meat and meat food products, poultry, hotels, restaurants, and similar FSIS is able to provide information to a and poultry products that a retail store institutions (other than household much broader, more diverse audience. can sell to hotels, restaurants, and consumers) disqualify a retail store for In addition, FSIS offers an email similar institutions without exemption if the product sales exceed disqualifying itself for exemption from subscription service which provides either of two maximum limits: 25 automatic and customized access to Federal inspection requirements. In percent of the dollar value of total accordance with FSIS’s regulations, for selected food safety news and product sales or the calendar year dollar information. This service is available at: calendar year 2018, the value for the limitation set by the Administrator. The dollar limitation for meat and meat food http://www.fsis.usda.gov/subscribe. dollar limitation is adjusted Options range from recalls to export products remains unchanged at $75,700. automatically during the first quarter of information, regulations, directives, and For calendar year 2018, the value for the the year if the Consumer Price Index notices. Customers can add or delete dollar limitation for poultry and poultry (CPI), published by the Bureau of Labor subscriptions themselves, and have the products also remains unchanged at Statistics, shows an increase or decrease option to password protect their $56,600. FSIS reviews the dollar of more than $500 in the price of the accounts. limitations on a yearly basis and makes same volume of product for the previous adjustments based on price changes for year. FSIS publishes a notice of the USDA Non-Discrimination Statement these products evidenced by the adjusted dollar limitations in the Consumer Price Index. Federal Register. (See 9 CFR No agency, officer, or employee of the FSIS is currently considering the 303.1(d)(2)(iii)(b) and USDA shall, on the grounds of race, retail dollar limitations for Siluriformes 381.10(d)(2)(iii)(b).) color, national origin, religion, sex, fish and fish products. FSIS intends to The CPI for 2017 reveals an annual gender identity, sexual orientation, propose a methodology for setting the average price decrease for meat and disability, age, marital status, family/ dollar limitations for Siluriformes fish meat food products at 0.583 percent and parental status, income derived from a and fish products in a separate Federal an annual average price increase for public assistance program, or political Register Notice. poultry and poultry products at 0.17 beliefs, exclude from participation in, DATES: Applicable Date: September 14, percent. When rounded to the nearest deny the benefits of, or subject to 2018. dollar, the dollar limitation for meat and discrimination any person in the United FOR FURTHER INFORMATION CONTACT: Gina meat food products decreased by $441 States under any program or activity Kouba, Office of Policy and Program and the dollar limitation for poultry and conducted by the USDA.

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How To File a Complaint of Dated: August 9, 2018. customers and stakeholders on ways to Discrimination Elizabeth Whiteman, improve their program and services. Acting Executive Secretary. These information collections will not To file a complaint of discrimination, result in any new system of records and complete the USDA Program [FR Doc. 2018–17561 Filed 8–14–18; 8:45 am] BILLING CODE 3510–DS–P will not ask questions of a sensitive Discrimination Complaint Form, which nature. may be accessed online at http:// Affected Public: Individuals or www.ocio.usda.gov/sites/default/files/ DEPARTMENT OF COMMERCE households; Businesses or other for- docs/2012/Complain_combined_ _ _ profits; not-for-profit institutions. 6 8 12.pdf, or write a letter signed by United States Patent and Trademark Frequency: On occasion. you or your authorized representative. Office Respondent’s Obligation: Voluntary. Send your completed complaint form OMB Desk Officer: Nicholas A. Fraser, or letter to USDA by mail, fax, or email: Submission for OMB Review; email: Nicholas_A._Fraser@ Mail: U.S. Department of Agriculture, Comment Request; ‘‘Clearance for the omb.eop.gov. Director, Office of Adjudication, 1400 Collection of Qualitative Feedback on Once submitted, the request will be Independence Avenue SW, Washington, Agency Service Delivery’’ publicly available in electronic format DC 20250–9410. The United States Patent and through reginfo.gov. Follow the Fax: (202) 690–7442. Trademark Office (USTPO) will submit instructions to view Department of Commerce collections currently under Email: [email protected]. to the Office of Management and Budget (OMB) for clearance the following review by OMB. Persons with disabilities who require Further information can be obtained alternative means for communication proposal for collection of information under the provisions of the Paperwork by: (Braille, large print, audiotape, etc.), • Reduction Act. Email: InformationCollection@ should contact USDA’s TARGET Center uspto.gov. Include ‘‘0651–0080 at (202) 720–2600 (voice and TDD). Agency: United States Patent and Trademark Office, Commerce. comment’’ in the subject line of the Paul Kiecker, Title: Clearance for the Collection of message. • Acting Administrator. Qualitative Feedback on Agency Service Mail: Marcie Lovett, Director, [FR Doc. 2018–17546 Filed 8–14–18; 8:45 am] Delivery. Records and Information Governance Division, Office of the Chief Technology BILLING CODE 3410–DM–P OMB Control Number: 0651–0080. Form Number(s): Officer, United States Patent and • None. Trademark Office, P.O. Box 1450, Type of Request: Regular. Alexandria, VA 22313–1450. DEPARTMENT OF COMMERCE Number of Respondents: 42,500 Written comments and responses per year. This notice shows recommendations for the proposed Foreign-Trade Zones Board that an item (ForeSee Surveys) included information collection should be sent on in this collection during the 60 day or before September 14, 2018 to notice has been removed from the Nicholas A. Fraser, OMB Desk Officer, [B–26–2018] _ _ collection; it is included in a newly via email to Nicholas A. Fraser@ Foreign-Trade Zone (FTZ) 38— proposed collection (USPTO Websites omb.eop.gov, or by fax to 202–395– Spartanburg, South Carolina; Customer Satisfaction Surveys). 5167, marked to the attention of Authorization of Production Activity; Average Hours per Response: The Nicholas A. Fraser. AFL Telecommunications, LLC; USPTO estimates that it will take Marcie Lovett, (Optical Cable for Data Transfer); between 3 minutes (.05 hours) to 120 Director, Records and Information Duncan, South Carolina minutes (2 hours), depending upon the Governance Division, Office of the Chief instrument used. Technology Officer, United States Patent and On April 11, 2018, AFL Burden Hours: 4,808.33 hours per Trademark Office. Telecommunications, LLC submitted a year. [FR Doc. 2018–17510 Filed 8–14–18; 8:45 am] notification of proposed production Cost Burden: $0. BILLING CODE 3510–16–P activity to the FTZ Board for its facility Needs and Uses: The Agency will within FTZ 38, in Duncan, South collect, analyze, and interpret Carolina. information gathered to identify The notification was processed in strengths and weaknesses of current DEPARTMENT OF EDUCATION accordance with the regulations of the services. Based on feedback received, FTZ Board (15 CFR part 400), including the Agency will identify changes [Docket No.: ED–2018–ICCD–0084] notice in the Federal Register inviting needed to improve programs and Agency Information Collection public comment (83 FR 17790, April 24, services. The solicitation of feedback Activities; Comment Request; 2018). On August 9, 2018, the applicant will target areas such as: timeliness, Common Core of Data (CCD) School- was notified of the FTZ Board’s decision appropriateness, accuracy of Level Finance Survey (SLFS) 2018– that no further review of the activity is information, courtesy, efficiency of 2020 warranted at this time. The production service delivery, and resolution of activity described in the notification issues with service delivery. The AGENCY: National Center for Education was authorized, subject to the FTZ Act USPTO is committed to hearing Statistics, Department of Education. and the FTZ Board’s regulations, feedback from its customers. Responses ACTION: Notice. including Section 400.14, and to a will be assessed to identify service areas restriction requiring privileged foreign in need of improvement. If this SUMMARY: In accordance with the status (19 CFR 146.41) on admissions of information is not collected, then the Paperwork Reduction Act of 1995, ED is aramid yarn, ripcord, binder string and Agency will miss opportunities to proposing a revision of an existing water swellable yarn. obtain vital feedback from their information collection.

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DATES: Interested persons are invited to Title of Collection: Common Core of and clarity of the information to be submit comments on or before October Data (CCD) School-Level Finance collected; and (d) ways to minimize the 15, 2018. Survey (SLFS) 2018–2020. burden of the collection of information OMB Control Number: 1850–0930. on respondents, including through the ADDRESSES: To access and review all the Type of Review: A revision of an documents related to the information use of automated collection techniques existing information collection. or other forms of information collection listed in this notice, please Respondents/Affected Public: State, technology. use http://www.regulations.gov by Local, and Tribal Governments. DATES: searching the Docket ID number ED– Total Estimated Number of Annual Comments regarding this 2018–ICCD–0084. Comments submitted Responses: 306. proposed information collection must in response to this notice should be Total Estimated Number of Annual be received on or before October 15, submitted electronically through the Burden Hours: 4,938. 2018. If you anticipate difficulty in Federal eRulemaking Portal at http:// Abstract: The School-Level Finance submitting comments within that www.regulations.gov by selecting the Survey (SLFS) data collection is period, contact the person listed in Docket ID number or via postal mail, conducted annually by the National ADDRESSES as soon as possible. commercial delivery, or hand delivery. Center for Education Statistics (NCES), ADDRESSES: Written comments may be Please note that comments submitted by within the U.S. Department of sent to Andrea Lachenmayr, U.S. fax or email and those submitted after Education (ED). SLFS complements two Department of Energy, LPO–70, Room the comment period will not be existing data collections conducted by 4B–170, 1000 Independence Avenue accepted. Written requests for NCES in collaboration with the U.S. SW, Washington, DC 20585 or by email information or comments submitted by Census Bureau (Census): The School to LPO.PaperworkReduction postal mail or delivery should be District Finance Survey (F–33) and the [email protected]. addressed to the Director of the state-level National Public Education FOR FURTHER INFORMATION CONTACT: Information Collection Clearance Financial Survey (NPEFS). SLFS Requests for additional information or Division, U.S. Department of Education, expands F–33 to include its finance copies of the information collection 550 12th Street SW, PCP, Room 9086, variables at the school level. Beginning instrument and instructions should be Washington, DC 20202–0023. with FY18, the SEAs will report total directed to Andrea Lachenmayr, LPO.PaperworkReduction FOR FURTHER INFORMATION CONTACT: For current expenditures at the school level [email protected]. specific questions related to collection in the same manner as for the district activities, please contact Kashka level on F–33. This request is to conduct SUPPLEMENTARY INFORMATION: This Kubzdela, 202–245–7377 or email in 2019 through 2021 SLFS for fiscal information collection request contains: [email protected]. years 2018 through 2020 (corresponding (1) OMB No.: 1910–5134; (2) to school years 2017/18 through 2019/ Information Collection Request Title: SUPPLEMENTARY INFORMATION: The 20) and to expand the collected data to DOE Loan Guarantees for Energy Department of Education (ED), in be analogous to the current ESSA Projects; (3) Type of Request: Extension accordance with the Paperwork expenditures per pupil provision. (4) Purpose: This information collection Reduction Act of 1995 (PRA) (44 U.S.C. package covers collection of information Dated: August 10, 2018. 3506(c)(2)(A)), provides the general necessary to evaluate applications for public and Federal agencies with an Kate Mullan, loan guarantees submitted under Title opportunity to comment on proposed, Acting Director, Information Collection XVII of the Energy Policy Act of 2005, revised, and continuing collections of Clearance Division, Office of the Chief Privacy as amended, 16516 (Title XVII), 42 Officer, Office of Management. information. This helps the Department U.S.C. 16511, and under Section 2602(c) assess the impact of its information [FR Doc. 2018–17523 Filed 8–14–18; 8:45 am] of the Energy Policy Act of 1992, as collection requirements and minimize BILLING CODE 4000–01–P amended (TELGP), 25 U.S.C. 3502(c). the public’s reporting burden. It also Because the information collection helps the public understand the package pertains to applications for loan Department’s information collection DEPARTMENT OF ENERGY guarantees under both Title XVII and requirements and provide the requested TELGP (the latter of which does not data in the desired format. ED is Proposed Agency Information require innovative technology), the soliciting comments on the proposed Collection Extension Information Collection Request Title is information collection request (ICR) that AGENCY: U.S. Department of Energy. being changed from its original title, ‘‘10 is described below. The Department of ACTION: Notice and request for CFR part 609—Loan Guarantees for Education is especially interested in comments. Projects that Employ Innovative public comment addressing the Technologies’’ to its new title, ‘‘DOE following issues: (1) Is this collection SUMMARY: The Department of Energy Loan Guarantees for Energy Projects.’’ necessary to the proper functions of the (DOE), pursuant to the Paperwork This title is more descriptive of the Department; (2) will this information be Reduction Act of 1995, intends to purpose of the Information Collection processed and used in a timely manner; extend for three years an information Request. Applications for loan (3) is the estimate of burden accurate; collection request with the Office of guarantees submitted to DOE in (4) how might the Department enhance Management and Budget (OMB). response to a solicitation under Title the quality, utility, and clarity of the Comments are invited on: (a) Whether XVII or TELGP must contain certain information to be collected; and (5) how the extended collection of information information. This information will be might the Department minimize the is necessary for the proper performance used to analyze whether a project is burden of this collection on the of the functions of the agency; (b) the eligible for a loan guarantee and to respondents, including through the use accuracy of the agency’s estimate of the evaluate the application under criteria of information technology. Please note burden of the proposed collection of specified in the final regulations that written comments received in information, including the validity of implementing Title XVII, located at 10 response to this notice will be the methodology and assumptions used; CFR part 609, and adopted by DOE for considered public records. (c) ways to enhance the quality, utility, purposes of TELGP, with certain

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immaterial modifications and burden of the collection of information Annual Estimated Reporting and omissions. The collection of this on respondents, including through the Recordkeeping Cost Burden: It is information is critical to ensure that the use of automated collection techniques estimated that the annual estimated government has sufficient information or other forms of information reporting and recordkeeping cost to determine whether applicants meet technology. burden for applicants will not exceed the eligibility requirements to qualify DATES: Comments regarding this $26,296 per annum, per applicant. for a DOE loan guarantee under Title proposed information collection must Authority: Section 136 of the EISA XVII or TELGP, as the case may be, and be received on or before October 15, authorizes the collection of information. to provide DOE with sufficient 2018. If you anticipate difficulty in Signed in Washington, DC on August 9, information to evaluate an applicant’s submitting comments within that 2018. project using the criteria specified in 10 period, contact the person listed in John Sneed, CFR part 609 (for Title XVII ADDRESSES as soon as possible. Executive Director, Department of Energy applications) or the applicable ADDRESSES: Written comments may be Loan Programs Office. solicitation (for TELGP applications); (5) sent to Andrea Lachenmayr, U.S. [FR Doc. 2018–17552 Filed 8–14–18; 8:45 am] Annual Estimated Number of Department of Energy, LPO–70, Room BILLING CODE 6450–01–P Respondents: 20 Applications; (6) 4B–170, 1000 Independence Avenue Annual Estimated Number of Total SW, Washington, DC 20585 or by email Responses: It is estimated that the total to LPO.PaperworkReduction DEPARTMENT OF ENERGY number of annual responses will not [email protected]. exceed 20; (7) Annual Estimated FOR FURTHER INFORMATION CONTACT: Federal Energy Regulatory Number of Burden Hours: 2,650 hours, Requests for additional information or Commission most of which is likely to be time copies of the information collection Combined Notice of Filings #1 committed by firms that seek debt and/ instrument and instructions should be or equity financing for their projects, directed to Andrea Lachenmayr, Take notice that the Commission regardless of their intent to apply for a LPO.PaperworkReduction received the following electric rate DOE loan guarantee; (8) Annual [email protected]. filings: Estimated Reporting and Recordkeeping SUPPLEMENTARY INFORMATION: This Cost Burden: It is estimated that the Docket Numbers: ER10–2977–007. information collection request contains: annual estimated reporting and Applicants: Mesquite Power, LLC. (1) OMB No.: 1910–5130; (2) Description: Notice of Non-Material recordkeeping cost burden for Information Collection Request Title: applicants will not exceed $26,296 per Change in Status of Mesquite Power, Application for Loans under the LLC. annum, per applicant. Advanced Technology Vehicles Authority: Title XVII and TELGP Filed Date: 8/7/18. Manufacturing Incentive Program; (3) authorize the collection of information. Accession Number: 20180807–5151. Type of Request: Extension; (4) Purpose: Comments Due: 5 p.m. ET 8/28/18. Signed in Washington, DC, on August 9, This information collection package Docket Numbers: ER18–2182–000. 2018. covers collection of information John Sneed, Applicants: Minco IV & V necessary to evaluate applications for Interconnection, LLC. Executive Director, Department of Energy loans submitted under Section 136 of Loan Programs Office. Description: Baseline eTariff Filing: the Energy Independence and Security Minco IV & V Interconnection, LLC [FR Doc. 2018–17553 Filed 8–14–18; 8:45 am] Act of 2007, as amended (EISA) (42 Application for Market-Based Rates to BILLING CODE 6450–01–P U.S.C. 17013). Applications for loans be effective 10/6/2018. submitted to DOE under Section 136 of Filed Date: 8/7/18. EISA must contain certain information. DEPARTMENT OF ENERGY Accession Number: 20180807–5141. This information will be used to analyze Comments Due: 5 p.m. ET 8/28/18. whether a project is eligible for a loan Proposed Agency Information and to evaluate the application under Docket Numbers: ER18–2183–000. Collection Extension criteria specified in the interim final Applicants: Tucson Electric Power Company. AGENCY: U.S. Department of Energy. regulations implementing Section 136 of EISA, located at 10 CFR part 611. The Description: § 205(d) Rate Filing: ACTION: Notice and Request for Amendment to Gila River Ownership Comments. collection of this information is critical to ensure that the government has Agreement to be effective 5/31/2018. SUMMARY: The Department of Energy sufficient information to determine Filed Date: 8/8/18. (DOE), pursuant to the Paperwork whether applicants meet the eligibility Accession Number: 20180808–5002. Reduction Act of 1995, intends to requirements to qualify for a DOE loan Comments Due: 5 p.m. ET 8/29/18. extend for three years an information and to provide DOE with sufficient Docket Numbers: ER18–2184–000. collection request with the Office of information to evaluate an applicant’s Applicants: Mid-Atlantic Interstate Management and Budget (OMB). project using the criteria specified in 10 Transmission, LLC, PJM Comments are invited on: (a) Whether CFR part 611; (5) Annual Estimated Interconnection, L.L.C. the extended collection of information Number of Respondents: 7 Applications; Description: § 205(d) Rate Filing: is necessary for the proper performance (6) Annual Estimated Number of Total MAIT submits three ECSAs, Service of the functions of the agency; (b) the Responses: It is estimated that the total Agreement Nos. 5011, 5029 and 5117 to accuracy of the agency’s estimate of the number of annual responses will not be effective 10/8/2018. burden of the proposed collection of exceed 7; (7) Annual Estimated Number Filed Date: 8/8/18. information, including the validity of of Burden Hours: 910 hours, most of Accession Number: 20180808–5023. the methodology and assumptions used; which is likely to be time committed by Comments Due: 5 p.m. ET 8/29/18. (c) ways to enhance the quality, utility, firms that seek debt and/or equity Docket Numbers: ER18–2185–000. and clarity of the information to be financing for their projects, regardless of Applicants: Alabama Power collected; and (d) ways to minimize the their intent to apply for a DOE loan; (8) Company.

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Description: § 205(d) Rate Filing: Pike IV & V Interconnection, LLC’s DEPARTMENT OF ENERGY Road Farm LGIA Filing to be effective application for market-based rate 7/25/2018. authority, with an accompanying rate Federal Energy Regulatory Filed Date: 8/8/18. tariff, noting that such application Commission Accession Number: 20180808–5056. includes a request for blanket [Project No. 2641–010] Comments Due: 5 p.m. ET 8/29/18. authorization, under 18 CFR part 34, of Docket Numbers: ER18–2186–000. future issuances of securities and Erie Boulevard Hydropower, L.P.; Applicants: PJM Interconnection, assumptions of liability. Notice of Application Accepted for L.L.C. Any person desiring to intervene or to Filing, Soliciting Comments, Protests Description: § 205(d) Rate Filing: and Motions To Intervene Original Interim ISA, SA No. 5151; protest should file with the Federal Queue No. AB2–134 to be effective 7/ Energy Regulatory Commission, 888 Take notice that the following 23/2018. First Street NE, Washington, DC 20426, hydroelectric application has been filed Filed Date: 8/8/18. in accordance with Rules 211 and 214 with the Commission and is available Accession Number: 20180808–5083. of the Commission’s Rules of Practice for public inspection: Comments Due: 5 p.m. ET 8/29/18. and Procedure (18 CFR 385.211 and a. Type of Proceeding: Extension of Docket Numbers: ER18–2187–000. 385.214). Anyone filing a motion to License Term. Applicants: Public Service Company intervene or protest must serve a copy b. Project No.: P–2641–010. of Colorado. of that document on the Applicant. c. Date Filed: March 6, 2018. Description: Compliance filing: d. Licensee: Erie Boulevard _ Notice is hereby given that the 20180808 Joint Dispatch Agreement deadline for filing protests with regard Hydropower, L.P. Notice of Succession of Black Hills COE to the applicant’s request for blanket e. Name and Location of Project: to be effective N/A. authorization, under 18 CFR part 34, of Feeder Dam Transmission Line Project, Filed Date: 8/8/18. located in the Town of Moreau, Saratoga Accession Number: 20180808–5110. future issuances of securities and assumptions of liability, is August 28, County, New York. Comments Due: 5 p.m. ET 8/29/18. f. Filed Pursuant to: Federal Power 2018. The filings are accessible in the Act, 16 U.S.C. 791a–825r. Commission’s eLibrary system by The Commission encourages g. Licensee Contact Information: Mr. clicking on the links or querying the electronic submission of protests and Steven P. Murphy, Director, U.S. docket number. interventions in lieu of paper, using the Licensing, Brookfield Renewable, Erie Any person desiring to intervene or FERC Online links at http:// Boulevard Hydropower, L.P., 33 West protest in any of the above proceedings www.ferc.gov. To facilitate electronic 1st Street South, Fulton, New York must file in accordance with Rules 211 service, persons with internet access 13069, (315) 598–6130, Steve.Murphy@ and 214 of the Commission’s who will eFile a document and/or be BrookfieldRenewable.com. Regulations (18 CFR 385.211 and listed as a contact for an intervenor h. FERC Contact: Mr. Ashish Desai, 385.214) on or before 5:00 p.m. Eastern must create and validate an (202) 502–8370, [email protected]. time on the specified comment date. eRegistration account using the i. Deadline for filing comments, Protests may be considered, but eRegistration link. Select the eFiling motions to intervene and protests, is 30 intervention is necessary to become a link to log on and submit the days from the issuance date of this party to the proceeding. intervention or protests. notice by the Commission. The eFiling is encouraged. More detailed Persons unable to file electronically Commission strongly encourages information relating to filing should submit an original and 5 copies electronic filing. Please file motions to requirements, interventions, protests, of the intervention or protest to the intervene, protests, comments, and service, and qualifying facilities filings Federal Energy Regulatory Commission, recommendations, using the can be found at: http://www.ferc.gov/ Commission’s eFiling system at http:// 888 First Street NE, Washington, DC docs-filing/efiling/filing-req.pdf. For www.ferc.gov/docs-filing/efiling.asp. 20426. other information, call (866) 208–3676 Commenters can submit brief comments (toll free). For TTY, call (202) 502–8659. The filings in the above-referenced up to 6,000 characters, without prior Dated: August 8, 2018. proceeding are accessible in the registration, using the eComment system Commission’s eLibrary system by Nathaniel J. Davis, Sr., at http://www.ferc.gov/docs-filing/ clicking on the appropriate link in the Deputy Secretary. ecomment.asp. You must include your above list. They are also available for name and contact information at the end [FR Doc. 2018–17505 Filed 8–14–18; 8:45 am] electronic review in the Commission’s of your comments. For assistance, BILLING CODE 6717–01–P Public Reference Room in Washington, please contact FERC Online Support at DC. There is an eSubscription link on [email protected], (866) the website that enables subscribers to DEPARTMENT OF ENERGY 208–3676 (toll free), or (202) 502–8659 receive email notification when a (TTY). In lieu of electronic filing, please Federal Energy Regulatory document is added to a subscribed send a paper copy to: Secretary, Federal Commission docket(s). For assistance with any FERC Energy Regulatory Commission, 888 Online service, please email First Street NE, Washington, DC 20426. [Docket No. ER18–2182–000] [email protected]. or call The first page of any filing should (866) 208–3676 (toll free). For TTY, call Minco IV & V Interconnection, LLC; include docket number P–2641–010. (202) 502–8659. Supplemental Notice That Initial j. Description of Proceeding: Erie Market-Based Rate Filing Includes Dated: August 8, 2018. Boulevard Hydropower, L.P., licensee for the Feeder Dam Transmission Line Request for Blanket Section 204 Nathaniel J. Davis, Sr., Authorization Project No. 2641, filed a request with Deputy Secretary. the Commission to extend the term of This is a supplemental notice in the [FR Doc. 2018–17508 Filed 8–14–18; 8:45 am] the project license, from December 31, above-referenced proceeding of Minco BILLING CODE 6717–01–P 2023 to August 31, 2042, which would

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align its modified expiration date with basis and otherwise comply with the Hazardous Materials Safety that of the licensee’s adjacent Feeder requirements of 18 CFR 4.34(b). All Administration (PHMSA). The MAOP of Dam Hydropower Project No. 2554, comments, motions to intervene, or Line QB established under the which has an expiration date of August protests should relate to the request to Grandfather Clause is 260 pounds per 31, 2042. The sole purpose of the extend the license term. Agencies may square inch gauge (psig). Southern Star transmission line project is to transmit obtain copies of the application directly avers that Line QB was unintentionally the net power produced by the 6.0- from the applicant. A copy of any over-pressured due to the failure of a megawatt hydropower project located protest or motion to intervene must be regulator. In response to the increase in on the Hudson River. The licensee’s served upon each representative of the pressure above the grandfathered request includes correspondence from applicant specified in the particular MAOP, Southern Star conducted a the U.S. Fish and Wildlife Service and application. If an intervener files hydrostatic pressure test meeting the New York Department of Environmental comments or documents with the requirements of PHMSA’s regulations. Conservation supporting the extension Commission relating to the merits of an The results of that pressure test support of the license term. issue that may affect the responsibilities an MAOP of 280 psig, an increase from k. This notice is available for review of a particular resource agency, they the 260 psig grandfathered MAOP. and reproduction at the Commission in must also serve a copy of the document Southern Star requests to increase both the Public Reference Room, Room 2A, on that resource agency. A copy of all the MAOP and the MOP of Line QB to 888 First Street NE, Washington, DC other filings in reference to this 280 psig to match the new MAOP 20426. The filing may also be viewed on application must be accompanied by supported by the recent pressure test the Commission’s website at http:// proof of service on all persons listed in under PHMSA’s regulations. www.ferc.gov/docs-filing/elibrary.asp. the service list prepared by the Southern Star asserts that, like Line Enter the Docket number (P–2641–010) Commission in this proceeding, in QB, its 26-inch Line QC also begins at excluding the last three digits in the accordance with 18 CFR 4.34(b) and the South Glavin Station. Line QC has docket number field to access the 385.2010. an MAOP/MOP of 280 psig, and both notice. You may also register online at lines have a common source of gas, http://www.ferc.gov/docs-filing/ Dated: August 9, 2018. Southern Star’s 26-inch Line Q. esubscription.asp to be notified via Nathaniel J. Davis, Sr., Therefore, uprating Line QB to match email of new filings and issuances Deputy Secretary. the pressure on Line QC will allow related to this or other pending projects. [FR Doc. 2018–17544 Filed 8–14–18; 8:45 am] Southern Star to equalize pressure in For assistance, call toll-free 1–866–208– BILLING CODE 6717–01–P Line QB and Line QC to share regulation 3676 or email FERCOnlineSupport@ and essentially be operated as one ferc.gov. For TTY, call (202) 502–8659. system and more efficiently. l. Individuals desiring to be included DEPARTMENT OF ENERGY Southern Star states that no increased on the Commission’s mailing list should capacity is expected to occur, and no so indicate by writing to the Secretary Federal Energy Regulatory additional costs are required to increase of the Commission. Commission the MAOP/MOP of Southern Star’s Line m. Comments, Protests, or Motions to [Docket No. CP18–535–000] QB, all as more fully set forth in the Intervene: Anyone may submit application which is on file with the comments, a protest, or a motion to Southern Star Central Gas Pipeline, Commission and open to public intervene in accordance with the Inc.; Notice of Request Under Blanket inspection. The filing may also be requirements of Rules of Practice and Authorization viewed on the web at http:// Procedure, 18 CFR 385.210, .211, and www.ferc.gov using the ‘‘eLibrary’’ link. .214. In determining the appropriate Take notice that on July 31, 2018, Enter the docket number excluding the action to take, the Commission will Southern Star Central Gas Pipeline, Inc. last three digits in the docket number consider all protests or other comments (Southern Star) 4700 State Highway 56, field to access the document. For filed, but only those who file a motion Owensboro, Kentucky 42301, filed in assistance, please contact FERC Online to intervene in accordance with the Docket No. CP18–535–000 a prior notice Support at FERCOnlineSupport@ Commission’s Rules may become a request pursuant to sections 157.205 ferc.gov or toll free at (866) 208–3676, or party to the proceeding. Any comments, and 157.208 of the Commission’s TTY, contact (202) 502–8659. protests, or motions to intervene must regulations under the Natural Gas Act Any questions concerning this be received on or before the specified (NGA), and Southern Star’s blanket application may be directed to Cindy comment date for the particular certificate issued in Docket No. CP82– Thompson, Manager, Regulatory, application. 479–000, to increase the maximum Southern Star Central Gas Pipeline, Inc., n. Filing and Service of Responsive allowable operating pressure (MAOP) 4700 Highway 56, Owensboro, Documents: Any filing must (1) bear in and maximum operating pressure Kentucky 42301, by telephone at (270) all capital letters the title (MOP) on Southern Star’s QB Pipeline 852–4655, or by email at ‘‘COMMENTS’’, ‘‘PROTEST’’, or (Line QB) in Johnson County, Kansas. [email protected]. ‘‘MOTION TO INTERVENE’’ as Southern Star states that Line QB is a Any person or the Commission’s staff applicable; (2) set forth in the heading 26-inch pipeline that runs between the may, within 60 days after issuance of the name of the applicant and the South Glavin Station and the Glavin the instant notice by the Commission, project number of the application to Station in Johnson County, Kansas, file pursuant to Rule 214 of the which the filing responds; (3) furnish serving the Kansas City Metropolitan Commission’s Procedural Rules (18 CFR the name, address, and telephone area in Kansas and Missouri. Most of 385.214) a motion to intervene or notice number of the person protesting or Line QB was installed in the late 1940’s. of intervention and pursuant to section intervening; and (4) otherwise comply Due to the age of the line, the MAOP of 157.205 of the regulations under the with the requirements of 18 CFR Line QB was established under the NGA (18 CFR 157.205), a protest to the 385.2001 through 385.2005. All ‘‘Grandfather Clause’’ of the regulations request. If no protest is filed within the comments, motions to intervene, or of the United States Department of time allowed therefore, the proposed protests must set forth their evidentiary Transportation (U.S. DOT), Pipeline and activity shall be deemed to be

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authorized effective the day after the Dated: August 8, 2018. Background time allowed for filing a protest. If a Nathaniel J. Davis, Sr., protest is filed and not withdrawn Deputy Secretary. On June 7, 2018, the Commission issued a Notice of Intent to Prepare an within 30 days after the allowed time [FR Doc. 2018–17506 Filed 8–14–18; 8:45 am] Environmental Assessment for the for filing a protest, the instant request BILLING CODE 6717–01–P shall be treated as an application for Proposed South Mainline Expansion authorization pursuant to section 7 of Project and Request for Comments on the NGA. DEPARTMENT OF ENERGY Environmental Issues (NOI). The NOI was sent to affected landowners; federal, Pursuant to section 157.9 of the Federal Energy Regulatory state, and local government agencies; Commission’s rules (18 CFR 157.9), Commission elected officials; environmental and within 90 days of this Notice, the public interest groups; Native American Commission staff will either: complete [Docket No. CP18–332–000] tribes; other interested parties; and local its environmental assessment (EA) and libraries and newspapers. In response to place it into the Commission’s public El Paso Natural Gas Company, L.L.C.; the NOI, the Commission received record (eLibrary) for this proceeding; or Notice of Schedule for Environmental comments from the El Paso Water issue a Notice of Schedule for Review of the South Mainline Company, White Mountain Apache Environmental Review. If a Notice of Expansion Project Tribe, and the Ysleta Del Sur Pueblo Schedule for Environmental Review is On April 26, 2018, El Paso Natural Tribal Council. The primary issues issued, it will indicate, among other raised by the commenters are the milestones, the anticipated date for the Gas Company L.L.C. (El Paso) filed an application in Docket No. CP18–332– avoidance of impacts on public water Commission staff’s issuance of the EA system facilities and the need for for this proposal. The filing of the EA 000 requesting a Certificate of Public Convenience and Necessity pursuant to consultation should any human remains in the Commission’s public record for Section 7(c) of the Natural Gas Act to or artifacts be unearthed during Project this proceeding or the issuance of a construct and operate certain natural gas construction. All substantive comments Notice of Schedule for Environmental pipeline facilities. The proposed project will be addressed in the EA. Review will serve to notify federal and is known as the South Mainline Additional Information state agencies of the timing for the Expansion Project (Project), and would completion of all necessary reviews, and increase the design capacity on El Paso’s In order to receive notification of the the subsequent need to complete all South Mainline system by 321,000 issuance of the EA and to keep track of federal authorizations within 90 days of dekatherms of natural gas per day to all formal issuances and submittals in the date of issuance of the Commission Arizona and California delivery points. specific dockets, the Commission offers staff’s EA. On May 9, 2018, the Federal Energy a free service called eSubscription. This Persons who wish to comment only Regulatory Commission (Commission or can reduce the amount of time you on the environmental review of this FERC) issued its Notice of Application spend researching proceedings by project should submit an original and for the Project. Among other things, that automatically providing you with notice alerted agencies issuing federal two copies of their comments to the notification of these filings, document authorizations of the requirement to Secretary of the Commission. summaries, and direct links to the Environmental commenters will be complete all necessary reviews and to reach a final decision on a request for documents. Go to www.ferc.gov/docs- placed on the Commission’s filing/esubscription.asp. environmental mailing list, will receive a federal authorization within 90 days of Additional information about the copies of the environmental documents, the date of issuance of the Commission Project is available from the and will be notified of meetings staff’s Environmental Assessment (EA) for the Project. This instant notice Commission’s Office of External Affairs associated with the Commission’s identifies the FERC staff’s planned at (866) 208–FERC or on the FERC environmental review process. schedule for the completion of the EA website (www.ferc.gov). Using the Environmental commenters will not be for the Project. required to serve copies of filed ‘‘eLibrary’’ link, select ‘‘General Search’’ documents on all other parties. Schedule for Environmental Review from the eLibrary menu, enter the selected date range and ‘‘Docket However, the non-party commenters, Issuance of EA—November 14, 2018 will not receive copies of all documents Number’’ excluding the last three digits 90-day Federal Authorization Decision (i.e., CP18–332), and follow the filed by other parties or issued by the Deadline—February 12, 2019 Commission (except for the mailing of instructions. For assistance with access environmental documents issued by the If a schedule change becomes to eLibrary, the helpline can be reached Commission) and will not have the right necessary, additional notice will be at (866) 208–3676, TTY (202) 502–8659, to seek court review of the provided so that the relevant agencies or at [email protected]. The Commission’s final order. are kept informed of the Project’s eLibrary link on the FERC website also progress. provides access to the texts of formal The Commission strongly encourages Project Description documents issued by the Commission, electronic filings of comments, protests, such as orders, notices, and rule and interventions in lieu of paper using EPNG has requested authorization to makings. the ‘‘eFiling’’ link at http:// construct two new natural gas www.ferc.gov. Persons unable to file compressor stations on its existing Dated: August 9, 2018. electronically should submit an original South Mainline pipeline system in Luna Nathaniel J. Davis, Sr., and seven copies of the protest or County, New Mexico and Cochise Deputy Secretary. intervention to the Federal Energy County, Arizona; as well as a 17-mile- [FR Doc. 2018–17542 Filed 8–14–18; 8:45 am] Regulatory Commission, 888 First Street long, 30-inch-diameter loop line in El BILLING CODE 6717–01–P NE, Washington, DC 20426. Paso and Hudspeth Counties, Texas.

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DEPARTMENT OF ENERGY Accession Number: 20180809–5053. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 8/30/18. Federal Energy Regulatory Federal Energy Regulatory Commission Docket Numbers: ER18–2191–000. Commission Applicants: American Transmission Combined Notice of Filings #1 [Docket No. ER18–2178–000] Systems, Incorporated, PJM Take notice that the Commission Interconnection, L.L.C. Holloman Lessee, LLC; Supplemental received the following electric rate Description: § 205(d) Rate Filing: Notice That Initial Market-Based Rate filings: ATSI submits eight ECSAs, Service Filing Includes Request for Blanket Docket Numbers: ER13–343–008; Agreement Nos. 4892, 4967, 4979, 4980, Section 204 Authorization ER16–701–001; ER13–342–012; ER16– et al to be effective 10/9/2018. This is a supplemental notice in the 700–001. Filed Date: 8/9/18. above-referenced proceeding of Applicants: CPV Maryland, LLC, CPV Holloman Lessee, LLC’s application for Accession Number: 20180809–5055. Valley, LLC, CPV Shore, LLC, CPV market-based rate authority, with an Towantic, LLC. Comments Due: 5 p.m. ET 8/30/18. accompanying rate tariff, noting that Description: Amendment to July 23, Docket Numbers: ER18–2192–000. such application includes a request for 2017 Amendment to Market Power blanket authorization, under 18 CFR Update of CPV Maryland, LLC, et al. Applicants: PJM Interconnection, part 34, of future issuances of securities Filed Date: 8/7/18. L.L.C. and assumptions of liability. Accession Number: 20180807–5162. Description: § 205(d) Rate Filing: Any person desiring to intervene or to Comments Due: 5 p.m. ET 8/28/18. Original ISA, Service Agreement No. protest should file with the Federal Docket Numbers: ER18–1743–001. 4592, Non-queue No. NQ144 to be Energy Regulatory Commission, 888 Applicants: New York Independent effective 7/12/2018. First Street NE, Washington, DC 20426, System Operator, Inc. Filed Date: 8/9/18. in accordance with Rules 211 and 214 Description: Tariff Amendment: of the Commission’s Rules of Practice Accession Number: 20180809–5065. NYISO response to deficiency letter on and Procedure (18 CFR 385.211 and Alternate LCR to be effective 10/9/2018. Comments Due: 5 p.m. ET 8/30/18. 385.214). Anyone filing a motion to Filed Date: 8/9/18. Docket Numbers: ER18–2193–000. intervene or protest must serve a copy Accession Number: 20180809–5098. of that document on the Applicant. Comments Due: 5 p.m. ET 8/30/18. Applicants: Public Service Company Notice is hereby given that the of Colorado. Docket Numbers: ER18–1872–002. deadline for filing protests with regard Applicants: Southwest Power Pool, Description: § 205(d) Rate Filing: to the applicant’s request for blanket _ Inc. 20180809 Joint Dispatch Service authorization, under 18 CFR part 34, of Description: Tariff Amendment: Agreement Notice of Succession of future issuances of securities and 1636R21 Kansas Electric Power Black Hills to be effective 7/10/2018. assumptions of liability, is August 28, Cooperative, Inc. NITSA and NOA to be Filed Date: 8/9/18. 2018. The Commission encourages effective 9/1/2018. Accession Number: 20180809–5093. Filed Date: 8/8/18. electronic submission of protests and Accession Number: 20180808–5123. Comments Due: 5 p.m. ET 8/30/18. interventions in lieu of paper, using the FERC Online links at http:// Comments Due: 5 p.m. ET 8/29/18. The filings are accessible in the www.ferc.gov. To facilitate electronic Docket Numbers: ER18–2188–000. Commission’s eLibrary system by service, persons with internet access Applicants: PJM Interconnection, clicking on the links or querying the who will eFile a document and/or be L.L.C. docket number. listed as a contact for an intervenor Description: § 205(d) Rate Filing: Any person desiring to intervene or must create and validate an Original Cost Responsibility Agreement, protest in any of the above proceedings eRegistration account using the Service Agreement No. 5157, NQ162 to must file in accordance with Rules 211 eRegistration link. Select the eFiling be effective 7/10/2018. and 214 of the Commission’s link to log on and submit the Filed Date: 8/9/18. Regulations (18 CFR 385.211 and intervention or protests. Accession Number: 20180809–5048. 385.214) on or before 5:00 p.m. Eastern Persons unable to file electronically Comments Due: 5 p.m. ET 8/30/18. time on the specified comment date. should submit an original and 5 copies Docket Numbers: ER18–2189–000. Protests may be considered, but of the intervention or protest to the Applicants: Sanford Energy intervention is necessary to become a Federal Energy Regulatory Commission, Associates, LLC. party to the proceeding. 888 First Street NE, Washington, DC Description: Baseline eTariff Filing: eFiling is encouraged. More detailed 20426. Application for Market-Based Rate information relating to filing The filings in the above-referenced Authority to be effective 8/10/2018. requirements, interventions, protests, proceeding are accessible in the Filed Date: 8/9/18. service, and qualifying facilities filings Commission’s eLibrary system by Accession Number: 20180809–5051. can be found at: http://www.ferc.gov/ clicking on the appropriate link in the Comments Due: 5 p.m. ET 8/30/18. docs-filing/efiling/filing-req.pdf. For above list. They are also available for Docket Numbers: ER18–2190–000. other information, call (866) 208–3676 electronic review in the Commission’s Applicants: Arizona Public Service (toll free). For TTY, call (202) 502–8659. Public Reference Room in Washington, Company. DC. There is an eSubscription link on Description: § 205(d) Rate Filing: Rate Dated: August 9, 2018. the website that enables subscribers to Schedule No. 274—Notice of Succession Nathaniel J. Davis, Sr., receive email notification when a of Black Hills Colorado Electric to be Deputy Secretary. document is added to a subscribed effective 7/10/2018. [FR Doc. 2018–17540 Filed 8–14–18; 8:45 am] docket(s). For assistance with any FERC Filed Date: 8/9/18. BILLING CODE 6717–01–P Online service, please email

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[email protected], or call DEPARTMENT OF ENERGY If you sent comments on this Project (866) 208–3676 (toll free). For TTY, call to the Commission before the opening of (202) 502–8659. Federal Energy Regulatory this docket on May 15, 2018, or if you Dated: August 8, 2018. Commission sent comments on this Project to the Nathaniel J. Davis, Sr., MVP mainline docket (CP16–10–000), [Docket No. PF18–4–000] you will need to file those comments in Deputy Secretary. Docket No. PF18–4–000 to ensure they [FR Doc. 2018–17507 Filed 8–14–18; 8:45 am] Mountain Valley Pipeline, LLC; Notice are considered as part of this BILLING CODE 6717–01–P of Intent To Prepare an Environmental proceeding. Impact Statement for the Planned MVP This notice is being sent to the Southgate Project, and Request for Commission’s current environmental DEPARTMENT OF ENERGY Comments on Environmental Issues, mailing list for this Project. State and and Notice of Public Scoping Session Federal Energy Regulatory local government representatives should Commission The staff of the Federal Energy notify their constituents of this planned Project and encourage them to comment [Docket No. AD18–11–000] Regulatory Commission (FERC or Commission) will prepare an on their areas of concern. If you are a landowner receiving this environmental impact statement (EIS) Reliability Technical Conference; notice, a Mountain Valley representative that will discuss the environmental Notice Inviting Post-Technical may contact you about the acquisition of impacts of the MVP Southgate Project Conference Comments an easement to construct, operate, and (Project). The Project involves the maintain the planned facilities. The On Tuesday, July 31, 2018, the construction and operation of facilities Federal Energy Regulatory Commission company would seek to negotiate a by Mountain Valley Pipeline, LLC mutually acceptable easement convened a Commissioner-led technical (Mountain Valley), a joint venture conference to discuss policy issues agreement. You are not required to enter between affiliates of EQT Corporation into an agreement. However, if the related to the reliability of the Bulk- and NextEra Energy, Inc. in Virginia and Power System. Commission approves the Project, that North Carolina. The Commission will approval conveys with it the right of All interested persons are invited to use this EIS in its decision-making file post-technical conference comments eminent domain. Therefore, if you and process to determine whether the the company do not reach an easement on the topics concerning the reliability Project is in the public convenience and of the Bulk-Power System discussed agreement, the pipeline company could necessity. during the technical conference, initiate condemnation proceedings in This notice announces the opening of including the questions listed in the court. In such instances, compensation the scoping process the Commission Supplemental Notices issued in this would be determined by a judge in will use to gather input from the public proceeding on June 1, 2018 and July 17, accordance with state law. and interested agencies about issues 2018. Attached to this notice are the A fact sheet prepared by the FERC regarding the Project. The National electric reliability topics and questions entitled ‘‘An Interstate Natural Gas Environmental Policy Act (NEPA) related to each Panel. Commenters need Facility On My Land? What Do I Need requires the Commission to take into not respond to all questions asked. To Know?’’ is available for viewing on account the environmental impacts that Commenters should organize responses the FERC website (www.ferc.gov). This could result from its action whenever it consistent with the numbering of the fact sheet addresses a number of considers the issuance of a Certificate of attached questions and identify to what typically asked questions, including the Public Convenience and Necessity. extent their responses are generally use of eminent domain and how to NEPA also requires the Commission to applicable. Commission staff reserves participate in the Commission’s discover concerns the public may have the right to post additional follow-up proceedings. about proposals. This process is referred questions related to those panels if to as ‘‘scoping.’’ The main goal of the Public Participation deemed necessary. In addition, scoping process is to focus the analysis commenters are encouraged, when For your convenience, there are four in the EIS on the important possible, to provide specific examples methods you can use to submit your environmental issues. By this notice, the and data in support of their answers. comments to the Commission. The Commission requests public comments Comments must be submitted on or Commission encourages electronic filing on the scope of the issues to address in before 30 days from the date of this of comments and has staff available to the EIS. To ensure that your comments notice and should not exceed 30 pages. assist you at (866) 208–3676 or For further information about this are timely and properly recorded, please [email protected]. Please Notice, please contact: Lodie White, submit your comments so that the carefully follow these instructions so Office of Electric Reliability, Federal Commission receives them in that your comments are properly Energy Regulatory Commission, 888 Washington, DC on or before 5 p.m. recorded. First Street NE, Washington, DC 20426, Eastern Time on September 10, 2018. (1) You can file your comments (202) 502–8453, [email protected]; You can make a difference by electronically using the eComment Robert Clark, Office of Electric submitting your specific comments or feature, which is located on the Reliability, Federal Energy Regulatory concerns about the Project. Your Commission’s website (www.ferc.gov) Commission, 888 First Street NE, comments should focus on the potential under the link to Documents and Washington, DC 20426, (202) 502–8165, environmental effects, reasonable Filings. Using eComment is an easy [email protected]. alternatives, and measures to avoid or method for submitting brief, text-only lessen environmental impacts. Your comments on a project; Dated: August 9, 2018. input will help the Commission staff (2) You can file your comments Nathaniel J. Davis, Sr., determine what issues it needs to electronically by using the eFiling Deputy Secretary. evaluate in the EIS. Commission staff feature, which is located on the [FR Doc. 2018–17539 Filed 8–14–18; 8:45 am] will consider all filed comments during Commission’s website (www.ferc.gov) BILLING CODE 6717–01–P the preparation of the EIS. under the link to Documents and

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Filings. With eFiling, you can provide Your scoping comments will be available on the Mountain Valley’s comments in a variety of formats by recorded by a court reporter (with FERC Project website: attaching them as a file with your staff or representative present) and www.mvpsouthgate.com. submission. New eFiling users must become part of the public record for this Project Alternatives first create an account by clicking on proceeding. Transcripts will be publicly ‘‘eRegister.’’ You will be asked to select available on FERC’s eLibrary system Mountain Valley is evaluating the the type of filing you are making; a (see below for instructions on using following alternatives and route comment on a particular project is eLibrary). If a significant number of deviations listed below. Illustrations of considered a ‘‘Comment on a Filing’’; or people are interested in providing these alternatives are provided in the (3) You can file a paper copy of your verbal comments in the one-on-one figures in appendix 3. settings, a time limit of three (3) minutes comments by mailing them to the Sandy Cross Road Alternative following address. Be sure to reference may be implemented for each the Project docket number (PF18–4–000) commentor. To address concerns regarding the with your submission: Kimberly D. It is important to note that the planned route’s proximity to residences Bose, Secretary, Federal Energy Commission provides equal in Alamance County, North Carolina, Regulatory Commission, 888 First Street consideration to all comments received, the Sandy Cross Road Alternative would NE, Room 1A, Washington, DC 20426. whether filed in written form or deviate from the planned route near (4) In lieu of sending written provided verbally at a scoping session. milepost (MP) 65.5 and extend northeast comments, the Commission invites you Although there will not be a formal and then south for about 2.0 miles to attend one of the public scoping presentation, Commission staff will be before rejoining the planned route at MP sessions its staff will conduct in the available throughout the scoping session 67.0. to answer your questions about the Project area, scheduled as follows: Alamance Eastern Alternative environmental review process. To address concerns regarding the FERC PUBLIC SCOPING MEETINGS— Representatives from Mountain Valley will also be present to answer questions planned route’s proximity to residences MVP SOUTHGATE PROJECT you may have about their Project. in Alamance County, North Carolina, Date and time Location Please note this is not your only the Alamance Eastern Alternative would public input opportunity; please refer to deviate from the planned route near MP Monday, Au- Reidsville Event Center, 223 the review process flow chart in 65.6 and extend east and then southwest gust 20, S. Scales Street, appendix 2.1 for about 9.6 miles before rejoining the 2018; 5–8 Reidsville, NC 27320. planned route at MP 70.4. p.m. Summary of the Planned Project Tuesday, Au- Olde Dominion Agricultural The Project would involve the Alamance Southern Alternative gust 21, Complex, 19783 US–29, construction and operation of about 72 To address concerns regarding the 2018; 5–8 Chatham, VA 24531. miles of 24-inch-diameter natural gas planned route’s proximity to residences p.m. transmission pipeline in Pittsylvania in Alamance County, North Carolina, Thursday, Au- Vailtree Event and Con- County, Virginia and Rockingham and gust 23, ference Center, 1567 the Alamance Southern Alternative 2018; 5–8 Bakatsias Lane, Haw Alamance Counties, North Carolina. The would deviate from the planned route p.m. River, NC 27258. Project would interconnect with and near MP 71.4 and extend southeast, and receive gas from the Mountain Valley then southwest for about 2.3 miles The primary goal of these scoping Pipeline near Chatham, Virginia, and before rejoining the planned route at MP sessions is to have you identify the the East Tennessee Natural Gas 72.5. mainline near Eden, North Carolina. specific environmental issues and Duke Powerline Alternative concerns that should be considered in The pipeline would extend about 72 the EIS. Individual verbal comments miles to its planned terminus at an In order to increase the planned will be taken on a one-on-one basis with interconnect near Graham, North route’s collocation with existing rights- a court reporter. This format is designed Carolina. The pipeline would be of-way in Alamance County, North to receive the maximum amount of designed to deliver at least 300 million Carolina, the Duke Powerline verbal comments, in a convenient way cubic feet of natural gas per day. Alternative would deviate from the during the timeframe allotted. Additional facilities would include new planned route near MP 58.2 and extend Each scoping session is scheduled compressor stations in Pittsylvania south and then east for about 4.4 miles from 5 p.m. to 8 p.m. EDT. There will County, Virginia and Rockingham before rejoining the planned route at MP not be a formal presentation by County, North Carolina; four new meter 62.0. This alternative route is collocated Commission staff when the session stations; eight main line valves, and four with the Duke Energy transmission line opens. If you wish to speak, the pig 2 launchers and receivers. and other rights-of-way for about 3.8 Commission staff will hand out The general location of the Project miles. facilities is shown in appendix 3. numbers in the order of your arrival. Land Requirements for Construction Comments will be taken until 8 p.m. Additional Project location information, However, if no additional numbers have including an interactive map, is Construction of the planned facilities been handed out and all individuals would disturb about 1,348 acres of land. who wish to provide comments have appendices were sent to all those receiving this Following construction, Mountain notice in the mail and are available at www.ferc.gov Valley would maintain about 449 acres had an opportunity to do so, staff may using the link called ‘‘eLibrary’’ or from the conclude the session at 7:30 p.m. Please Commission’s Public Reference Room, 888 First for permanent operation of the Project’s see appendix 1 for additional Street NE, Washington, DC 20426, or call (202) 502– facilities, not including permanent information on the session format and 8371. For instructions on connecting to eLibrary, access roads; the remaining acreage refer to the last page of this notice. 1 would be restored and revert to former conduct. 2 A ‘‘pig’’ is an internal tool that the pipeline company inserts into and pushes through the uses. About 47 percent of the planned 1 The appendices referenced in this notice will pipeline for cleaning, inspections, or other pipeline route parallels existing not appear in the Federal Register. Copies of the purposes. pipeline, utility, and road rights-of-way.

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The EIS Process as a cooperating agency in the groups; Native American Tribes; other The EIS will discuss impacts that preparation of the EIS. interested parties; and local libraries and newspapers. This list also includes could occur as a result of the Consultation Under Section 106 of the all affected landowners (as defined in construction and operation of the National Historic Preservation Act the Commission’s regulations) who are planned Project under these general In accordance with the Advisory potential right-of-way grantors, whose headings: Council on Historic Preservation’s property may be used temporarily for 1. Geology and soils; implementing regulations for section Project purposes, or who own homes 2. land use; 106 of the National Historic within certain distances of aboveground 3. water resources, fisheries, and Preservation Act, the Commission is facilities, and anyone who submits wetlands; using this notice to initiate consultation comments on the Project. Commission 4. cultural resources; with the applicable State Historic staff will update the environmental 5. vegetation and wildlife; Preservation Office(s) (SHPO), and to mailing list as the analysis proceeds to 6. air quality and noise; solicit their views and those of other ensure that information related to this 7. endangered and threatened species; government agencies, interested Indian environmental review is sent to all 8. public safety; tribes, and the public on the Project’s individuals, organizations, and 9. socioeconomics; and potential effects on historic properties.4 government entities interested in and/or 10. cumulative impacts. Commission staff will define the potentially affected by the planned Commission staff will also evaluate Project-specific Area of Potential Effects Project. possible alternatives to the planned (APE) in consultation with the SHPO(s) Copies of the completed draft EIS will Project or portions of the Project, and as the Project develops. On natural gas be sent to the environmental mailing list make recommendations on how to facility projects, the APE at a minimum for public review and comment. If you lessen or avoid impacts on the various encompasses all areas subject to ground would prefer to receive a paper copy of resource areas. disturbance (examples include the document instead of a CD version or Although no formal application has construction right-of-way, contractor/ would like to remove your name from been filed, Commission staff have pipe storage yards, compressor stations, the mailing list, please return the already initiated a NEPA review under and access roads). The EIS for this attached ‘‘Mailing List Update Form’’ the Commission’s pre-filing process. Project will document our findings on (appendix 4). The purpose of the pre-filing process is the impacts on historic properties and Becoming an Intervenor to encourage early involvement of summarize the status of consultations interested stakeholders and to identify under section 106. Once Mountain Valley files its and resolve issues before the application with the Commission, you Commission receives an application. As Currently Identified Environmental may want to become an ‘‘intervenor’’ part of the pre-filing review, Issues which is an official party to the Commission staff will contact federal Commission staff have already Commission’s proceeding. Only and state agencies to discuss their identified several issues that deserve intervenors have the right to seek involvement in the scoping process and attention based on a preliminary review rehearing of the Commission’s decision the preparation of the EIS. of the planned facilities and the and be heard by the courts if they The EIS will present Commission environmental information provided by choose to appeal the Commission’s final staffs’ independent analysis of the Mountain Valley. This preliminary list ruling. An intervenor formally issues. The Commission will publish of issues may change based on your participates in the proceeding by filing and distribute the draft EIS for public comments and our analysis. a request to intervene pursuant to Rule comment. After the comment period, 1. Domestic water sources, wells, 214 of the Commission’s Rules of staff will consider all timely comments springs, and waterbodies; Practice and Procedures (Title 18, Code and revise the document, as necessary, 2. federally-listed threatened and of Federal Regulations, part 385.214). before issuing a final EIS. To ensure endangered species, including mussels, Motions to intervene are more fully Commission staff have the opportunity fish, and bats; described at http://www.ferc.gov/ to consider and address your comments, 3. residential developments and resources/guides/how-to/intervene.asp. please carefully follow the instructions property values; Please note that the Commission will in the Public Participation section, 4. public safety; not accept requests for intervenor status beginning on page 2. 5. environmental justice; at this time. You must wait until the With this notice, the Commission is 6. operational noise from planned Commission receives a formal asking agencies with jurisdiction by law compressor stations; and application for the Project, after which and/or special expertise with respect to 7. alternatives and their potential the Commission will issue a public the environmental issues related to this impacts on a range of resources. notice that establishes an intervention deadline. Project to formally cooperate in the Environmental Mailing List preparation of the EIS.3 Agencies that Additional Information would like to request cooperating The environmental mailing list Additional information about the agency status should follow the includes federal, state, and local Project is available from the instructions for filing comments government representatives and Commission’s Office of External Affairs, provided under the Public Participation agencies; elected officials; at (866) 208–FERC, or on the FERC section of this notice. Currently, the environmental and public interest website (www.ferc.gov) using the U.S. Army Corps of Engineers has 4 eLibrary link. Click on the eLibrary link, expressed their intention to participate The Advisory Council on Historic Preservation regulations are at Title 36, Code of Federal click on ‘‘General Search’’ and enter the Regulations, part 800. Those regulations define docket number in the ‘‘Docket Number’’ 3 The Council on Environmental Quality historic properties as any prehistoric or historic regulations addressing cooperating agency district, site, building, structure, or object included field, excluding the last three digits (i.e., responsibilities are at Title 40, Code of Federal in or eligible for inclusion in the National Register PF18–4). Be sure you have selected an Regulations, part 1501.6. of Historic Places. appropriate date range. For assistance,

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please contact FERC Online Support at The Commission encourages filing per: Informational Fuel [email protected] or toll free electronic submission of protests and Transparency Report (RP17–303 and at (866) 208–3676, or for TTY, contact interventions in lieu of paper, using the RP17–913). (202) 502–8659. The eLibrary link also FERC Online links at http:// Filed Date: 8/1/18. provides access to the texts of all formal www.ferc.gov. To facilitate electronic Accession Number: 20180801–5212. documents issued by the Commission, service, persons with internet access Comments Due: 5 p.m. ET 8/13/18. such as orders, notices, and who will eFile a document and/or be Docket Numbers: RP18–1049–000. rulemakings. listed as a contact for an intervenor In addition, the Commission offers a must create and validate an Applicants: Florida Southeast free service called eSubscription which eRegistration account using the Connection, LLC. allows you to keep track of all formal eRegistration link. Select the eFiling Description: § 4(d) Rate Filing: issuances and submittals in specific link to log on and submit the Negotiated Rate Filing—FPL 4002 to be dockets. This can reduce the amount of intervention or protests. effective 9/1/2018. time you spend researching proceedings Persons unable to file electronically Filed Date: 8/7/18. by automatically providing you with should submit an original and 5 copies Accession Number: 20180807–5064. notification of these filings, document of the intervention or protest to the Comments Due: 5 p.m. ET 8/20/18. summaries, and direct links to the Federal Energy Regulatory Commission, Docket Numbers: RP18–1050–000. documents. Go to www.ferc.gov/docs- 888 First Street NE, Washington, DC Applicants: Rockies Express Pipeline filing/esubscription.asp. 20426. Finally, public sessions or site visits LLC. The filings in the above-referenced Description: § 4(d) Rate Filing: Neg will be posted on the Commission’s proceeding are accessible in the calendar located at www.ferc.gov/ Rate 2018–08–07 Encana to be effective Commission’s eLibrary system by 8/7/2018. EventCalendar/EventsList.aspx along clicking on the appropriate link in the Filed Date: 8/7/18. with other related information. above list. They are also available for Accession Number: 20180807–5065. Dated: August 9, 2018. electronic review in the Commission’s Comments Due: 5 p.m. ET 8/20/18. Nathaniel J. Davis, Sr., Public Reference Room in Washington, Deputy Secretary. DC. There is an eSubscription link on Docket Numbers: RP18–1051–000. [FR Doc. 2018–17545 Filed 8–14–18; 8:45 am] the website that enables subscribers to Applicants: Gulf Crossing Pipeline BILLING CODE 6717–01–P receive email notification when a Company LLC. document is added to a subscribed Description: Compliance filing docket(s). For assistance with any FERC Compliance Filing in Docket No. CP18– DEPARTMENT OF ENERGY Online service, please email 83–000—Remove Reference to Enable [email protected]. or call Lease to be effective 7/31/2018. Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Filed Date: 8/8/18. Commission (202) 502–8659. Accession Number: 20180808–5051. [Docket No. ER18–2189–000] Dated: August 9, 2018. Comments Due: 5 p.m. ET 8/20/18. Nathaniel J. Davis, Sr., Docket Numbers: RP18–940–003. Sanford Energy Associates, LLC; Deputy Secretary. Applicants: Empire Pipeline, Inc. Supplemental Notice That Initial Market-Based Rate Filing Includes [FR Doc. 2018–17543 Filed 8–14–18; 8:45 am] Description: Compliance filing Request for Blanket Section 204 BILLING CODE 6717–01–P Compliance Filing of Currently Effective Authorization Rates and Proposed Storage Rates to be effective 8/1/2018. This is a supplemental notice in the DEPARTMENT OF ENERGY Filed Date: 8/8/18. above-referenced proceeding Sanford Accession Number: 20180808–5122. Federal Energy Regulatory Energy Associates, LLC’s application for Comments Due: 5 p.m. ET 8/20/18. market-based rate authority, with an Commission accompanying rate tariff, noting that The filings are accessible in the Combined Notice of Filings such application includes a request for Commission’s eLibrary system by clicking on the links or querying the blanket authorization, under 18 CFR Take notice that the Commission has docket number. part 34, of future issuances of securities received the following Natural Gas and assumptions of liability. Pipeline Rate and Refund Report filings: Any person desiring to intervene or Any person desiring to intervene or to protest in any of the above proceedings protest should file with the Federal Filings Instituting Proceedings must file in accordance with Rules 211 Energy Regulatory Commission, 888 Docket Number: PR18–75–000. and 214 of the Commission’s First Street NE, Washington, DC 20426, Applicants: Atmos Pipeline-Texas. Regulations (18 CFR 385.211 and in accordance with Rules 211 and 214 Description: Tariff filing per § 385.214) on or before 5:00 p.m. Eastern of the Commission’s Rules of Practice 284.123(b), (e) + (g): APT TCJA Rate time on the specified comment date. and Procedure (18 CFR 385.211 and Change to be effective 8/1/2018. Protests may be considered, but 385.214). Anyone filing a motion to Filed Date: 8/7/18. intervention is necessary to become a intervene or protest must serve a copy Accession Number: 20180807–5111. party to the proceeding. of that document on the Applicant. Comments Due: 5 p.m. ET 8/28/18. eFiling is encouraged. More detailed Notice is hereby given that the 284.123(g) Protests Due: 5 p.m. ET information relating to filing deadline for filing protests with regard 10/9/18. requirements, interventions, protests, to the applicant’s request for blanket Docket Numbers: RP17–913–000. service, and qualifying facilities filings authorization, under 18 CFR part 34, of Applicants: Natural Gas Pipeline can be found at: http://www.ferc.gov/ future issuances of securities and Company of America. docs-filing/efiling/filing-req.pdf. For assumptions of liability, is August 29, Description: Natural Gas Pipeline other information, call (866) 208–3676 2018. Company of America LLC submits tariff (toll free). For TTY, call (202) 502–8659.

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Dated: August 9, 2018. fcc.gov and to [email protected]. Frequency of Response: Third-party Nathaniel J. Davis, Sr., Include in the comments the OMB disclosure and recordkeeping Deputy Secretary. control number as shown in the requirements. [FR Doc. 2018–17541 Filed 8–14–18; 8:45 am] SUPPLEMENTARY INFORMATION below. Obligation to Respond: Mandatory. BILLING CODE 6717–01–P FOR FURTHER INFORMATION CONTACT: For Statutory authority for this collection is additional information or copies of the contained in sections 201, 202, 217, 218, information collection, contact Nicole 220(a), 251(a), and 403 of the FEDERAL COMMUNICATIONS Ongele at (202) 418–2991. To view a Communications Act of 1934, as COMMISSION copy of this information collection amended, 47 U.S.C. 201, 202, 217, 218, request (ICR) submitted to OMB: (1) Go 220(a), 251(a), 403. [OMB 3060–1186] to the web page http://www.reginfo.gov/ Total Annual Burden: 2,744 hours. public/do/PRAMain, (2) look for the Total Annual Cost: $350,000.00. Information Collection Being section of the web page called Privacy Act Impact Assessment: No Submitted for Review and Approval to ‘‘Currently Under Review,’’ (3) click on impact(s). the Office of Management and Budget the downward-pointing arrow in the Nature and Extent of Confidentiality: AGENCY: Federal Communications ‘‘Select Agency’’ box below the The Commission is not requesting that Commission. ‘‘Currently Under Review’’ heading, (4) the respondents submit confidential ACTION: Notice and request for select ‘‘Federal Communications information to the FCC. Respondents comments. Commission’’ from the list of agencies may, however, request confidential presented in the ‘‘Select Agency’’ box, treatment for information they believe to SUMMARY: As part of its continuing effort (5) click the ‘‘Submit’’ button to the be confidential under 47 CFR 0.459 of to reduce paperwork burdens, and as right of the ‘‘Select Agency’’ box, (6) the Commission’s rules. required by the Paperwork Reduction when the list of FCC ICRs currently Needs and Uses: The Commission has Act (PRA) of 1995, the Federal under review appears, look for the OMB found that rural call completion is a Communications Commission (FCC or control number of this ICR and then continuing problem imposing needless the Commission) invites the general click on the ICR Reference Number. A economic and personal costs on local public and other Federal agencies to copy of the FCC submission to OMB communities, and that continued take this opportunity to comment on the will be displayed. Commission focus on the issue is following information collection. SUPPLEMENTARY INFORMATION: As part of warranted. The information collected Comments are requested concerning: its continuing effort to reduce through these data collections will be Whether the proposed collection of paperwork burdens, and as required by used by the Commission to determine information is necessary for the proper the Paperwork Reduction Act (PRA) of whether long distance providers are performance of the functions of the 1995 (44 U.S.C. 3501–3520), the Federal complying with their sections 201 and Commission, including whether the Communications Commission (FCC or 202 obligations to provide telephone information shall have practical utility; the Commission) invites the general service to both rural and nonrural the accuracy of the Commission’s public and other Federal agencies to customers on a just, reasonable, and burden estimate; ways to enhance the take this opportunity to comment on the nondiscriminatory basis. The quality, utility, and clarity of the following information collection. Commission revised this collection to information collected; ways to minimize Comments are requested concerning: eliminate the existing reporting the burden of the collection of Whether the proposed collection of requirement and to require covered information on the respondents, information is necessary for the proper providers to provide rural call including the use of automated performance of the functions of the completion contact information, which collection techniques or other forms of Commission, including whether the will be used to facilitate industry information technology; and ways to information shall have practical utility; collaboration to address call completion further reduce the information the accuracy of the Commission’s issues. collection burden on small business burden estimate; ways to enhance the quality, utility, and clarity of the Federal Communications Commission. concerns with fewer than 25 employees. Marlene Dortch, The Commission may not conduct or information collected; ways to minimize sponsor a collection of information the burden of the collection of Secretary, Office of the Secretary. unless it displays a currently valid information on the respondents, [FR Doc. 2018–17478 Filed 8–14–18; 8:45 am] Office of Management and Budget including the use of automated BILLING CODE 6712–01–P (OMB) control number. No person shall collection techniques or other forms of be subject to any penalty for failing to information technology; and ways to comply with a collection of information further reduce the information FEDERAL MARITIME COMMISSION subject to the PRA that does not display collection burden on small business a valid OMB control number. concerns with fewer than 25 employees. Notice of Agreement Filed DATES: Written comments should be OMB Control Number: 3060–1186. Title: Rural Call Completion, WC The Commission hereby gives notice submitted on or before September 14, Docket No. 13–39. of the filing of the following agreement 2018. If you anticipate that you will be Form Number: N/A. under the Shipping Act of 1984. submitting comments, but find it Type of Review: Revision of a Interested parties may submit comments difficult to do so within the period of currently approved collection. on the agreement to the Secretary by time allowed by this notice, you should Respondents: Business or other for- email at [email protected], or by mail, advise the contacts listed below as soon profit entities. Federal Maritime Commission, as possible. Number of Respondents and Washington, DC 20573, within twelve ADDRESSES: Direct all PRA comments to Responses: 56 respondents; 112 days of the date this notice appears in Nicholas A. Fraser, OMB, via email responses. the Federal Register. A copy of the [email protected]; and Estimated Time per Response: 1–48 agreement is available through the to Nicole Ongele, FCC, via email PRA@ hours. Commission’s website (www.fmc.gov) or

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by contacting the Office of Agreements 1. Electronically. You may submit survey agency as complying with the at (202) 523–5793 or tradeanalysis@ electronic comments on this regulation conditions or requirements set forth in fmc.gov. to http://www.regulations.gov. Follow part 482 subpart A, B, C and E of our Agreement No.: 012472–002. the ‘‘Submit a comment’’ instructions. CMS regulations. Thereafter, the Agreement Name: Yang Ming/COSCO 2. By regular mail. You may mail psychiatric hospital is subject to regular Shipping Slot Exchange Agreement. written comments to the following surveys by a State survey agency to Parties: COSCO Shipping Lines Co., address ONLY: Centers for Medicare & determine whether it continues to meet Ltd.; Yang Ming Marine Transport Medicaid Services, Department of these requirements. There is an Corporation; and Yang Ming (UK) Ltd. Health and Human Services, Attention: alternative, however, to surveys by State Filing Party: Robert Magovern; Cozen CMS–3364–PN, P.O. Box 8010, agencies. O’Connor. Baltimore, MD 21244–8010. Section 1865(a)(1) of the Act provides Synopsis: The amendment revises the Please allow sufficient time for mailed that, if a provider entity demonstrates Agreement to clarify that the space comments to be received before the through accreditation by a CMS- provided to Yang Ming by COSCO close of the comment period. approved national accrediting SHIPPING will be provided on the CEN 3. By express or overnight mail. You organization (AO) that all applicable service and the AAC3 service, instead of may send written comments to the Medicare conditions are met or the AAC service, effective on or around following address ONLY: Centers for exceeded, we may deem the provider August 27, 2018. Medicare & Medicaid Services, entity as having met the requirements. Proposed Effective Date: 8/9/2018. Department of Health and Human Accreditation by an AO is voluntary and Location: https://www2.fmc.gov/ Services, Attention: CMS–3364–PN, is not required for Medicare FMC.Agreements.Web/Public/ Mail Stop C4–26–05, 7500 Security participation. AgreementHistory/1969. Boulevard, Baltimore, MD 21244–1850. If an AO is recognized by CMS as Dated: August 10, 2018. For information on viewing public having standards for accreditation that Rachel Dickon, comments, see the beginning of the meet or exceed Medicare requirements, Secretary. SUPPLEMENTARY INFORMATION section. any provider entity accredited by the [FR Doc. 2018–17609 Filed 8–14–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: national accrediting body’s approved program may be deemed to meet the BILLING CODE 6731–AA–P Karena Meushaw (410) 786–6609, Monda Shaver (410) 786–3410 or Marie Medicare conditions. An AO applying Vasbinder (410)786–8665. for approval of its accreditation program under part 488, subpart A, must provide DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: Inspection CMS with reasonable assurance that the HUMAN SERVICES of Public Comments: All comments received before the close of the AO requires the accredited provider Centers for Medicare & Medicaid comment period are available for entities to meet requirements that are at Services viewing by the public, including any least as stringent as the Medicare conditions. Our regulations concerning [CMS–3364–PN] personally identifiable or confidential business information that is included in the approval of AO are set forth at § 488.5. Our regulations at Medicare and Medicaid Programs: a comment. We post all comments received before the close of the § 488.5(e)(2)(i) require an accrediting Application From the Joint organization to reapply for continued Commission (TJC) for Continued comment period on the following website as soon as possible after they approval of its accreditation program(s) Approval of its Psychiatric Hospital every 6 years or sooner, as determined Accreditation Program have been received: http:// www.regulations.gov. Follow the search by CMS. AGENCY: Centers for Medicare & instructions on that website to view The Joint Commission’s current term Medicaid Services (CMS), HHS. public comments. of approval for their psychiatric hospital ACTION: Notice with request for accreditation program expires February comment. I. Background 25, 2019. Under the Medicare program, eligible II. Provisions of the Proposed Notice SUMMARY: This proposed notice beneficiaries may receive covered acknowledges the receipt of an services from a psychiatric hospital A. Approval of Deeming Organizations application from the Joint Commission provided certain requirements are met. Section 1865(a)(2) of the Act and our (TJC) for continued recognition as a Section 1861(f) of the Social Security regulations at § 488.5 require that our national accrediting organization for Act (the Act) establishes distinct criteria findings concerning review and psychiatric hospitals that wish to for facilities seeking designation as a approval of an AO’s requirements participate in the Medicare or Medicaid psychiatric hospital. Regulations consider, among other factors, the programs. concerning provider agreements are at applying AO’s requirements for DATES: To be assured consideration, 42 CFR part 489 and those pertaining to accreditation; survey procedures; comments must be received at one of activities relating to the survey and resources for conducting required the addresses provided below, no later certification of facilities are at 42 CFR surveys; capacity to furnish information than 5 p.m. on September 14, 2018. part 488. The regulations at 42 CFR part for use in enforcement activities; ADDRESSES: In commenting, refer to file 482 subparts A, B, C and E specify the monitoring procedures for provider code CMS–3364–PN. Because of staff minimum conditions that a psychiatric entities found not in compliance with and resource limitations, we cannot hospital must meet to participate in the the conditions or requirements; and accept comments by facsimile (FAX) Medicare program, the scope of covered ability to provide CMS with the transmission. services and the conditions for Medicare necessary data for validation. Comments, including mass comment payment for psychiatric hospitals. Section 1865(a)(3)(A) of the Act submissions, must be submitted in one Generally, to enter into a provider further requires that we publish, within of the following three ways (please agreement with Medicare, a psychiatric 60 days of receipt of an organization’s choose only one of the ways listed): hospital must first be certified by a State complete application, a notice

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identifying the national accrediting ++ The adequacy of TJC’s staff and DEPARTMENT OF HEALTH AND body making the request, describing the other resources, and its financial HUMAN SERVICES nature of the request, and providing at viability. Administration for Children and least a 30-day public comment period. ++ TJC’s capacity to adequately fund Families We have 210 days from the receipt of a required surveys. complete application to publish notice of approval or denial of the application. ++ TJC’s policies with respect to Submission for OMB Review; The purpose of this proposed notice whether surveys are announced or Comment Request is to inform the public of TJC’s request unannounced, to assure that surveys are Title: Evaluation of Domestic Victims for CMS-approval of its psychiatric unannounced. of Human Trafficking Program. hospital accreditation program. This ++ TJC’s agreement to provide CMS OMB No.: 0970–0487. notice also solicits public comment on with a copy of the most current Description: The Administration for whether TJC’s requirements meet or accreditation survey together with any Children and Families (ACF), U.S. exceed the Medicare conditions of other information related to the survey Department of Health and Human participation (CoPs) for psychiatric as CMS may require (including Services (HHS) is proposing data hospitals. corrective action plans). collection as part of the study, ‘‘Evaluation of the Domestic Victims of B. Evaluation of Deeming Authority III. Collection of Information Request Human Trafficking (DVHT) Program’’. Requirements This notice addresses the cross-site TJC submitted all the necessary process evaluation to be conducted with This document does not impose materials to enable us to make a the 13 FY 2016 DVHT grantees who information collection requirements, determination concerning its request for were awarded 3-year cooperative CMS-approval of its psychiatric hospital that is, reporting, recordkeeping or agreements by the Office of Trafficking accreditation program. This application third-party disclosure requirements. in Persons (OTIP). The intent of the was determined to be complete on July Consequently, there is no need for DVHT Program is to build, expand, and 30, 2018. Under section 1865(a)(2) of the review by the Office of Management and sustain organizational and community Act and our regulations at § 488.5 Budget under the authority of the capacity to deliver trauma-informed, (Application and re-application Paperwork Reduction Act of 1995 (44 strength-based, and victim-centered procedures for national accrediting U.S.C. Chapter 35). services for domestic victims of severe organizations), our review and IV. Response to Comments forms of human trafficking through evaluation of TJC will be conducted in coordinated case management, a system accordance with, but not necessarily Because of the large number of public of referrals and the formation of limited to, the following factors: community partnerships. • comments we normally receive on The equivalency of TJC’s standards Federal Register documents, we are not The objective of the evaluation is to for psychiatric hospitals as compared able to acknowledge or respond to them describe the ways in which projects with CMS’ psychiatric hospital CoPs. individually. We will consider all achieve the goals of the DVHT Program • TJC’s survey process to determine comments we receive by the date and and examine types of models that serve the following: time specified in the DATES section of victims of human trafficking. Evaluation ++ The composition of the survey this preamble, and, when we proceed questions are focused on understanding team, surveyor qualifications, and the project and service delivery models, with a subsequent document, we will ability of the organization to provide process, and implementation; including respond to the comments in the continuing surveyor training. partnership and collaboration preamble to that document. ++ The comparability of TJC’s development; services offered to and processes to those of State agencies, Upon completion of our evaluation, received by victims, strategies to including survey frequency, and the including evaluation of comments identify and engage survivors; ways ability to investigate and respond received as a result of this notice, we projects define and monitor program appropriately to complaints against will publish a final notice in the Federal successes and outcomes; and program accredited facilities. Register announcing the result of our challenges, achievements, and lessons ++ TJC’s processes and procedures evaluation. learned. Information from the for monitoring a psychiatric hospital evaluation will assist federal, state, and found out of compliance with the TJC’s V. Regulatory Impact Statement community policymakers and funders program requirements. These This proposed notice does not impose in making decisions about future monitoring procedures are used only any regulatory impact. program models to serve domestic when TJC identifies noncompliance. If victims of human trafficking, as well as noncompliance is identified through In accordance with the provisions of to refine evaluation strategies for future validation reviews or complaint Executive Order 12866, this regulation programs targeting trafficking victims. surveys, the state survey agency was not reviewed by the Office of The evaluation of the DVHT Program monitors corrections as specified at Management and Budget. will document and describe grantees’ § 488.9(c). Dated: August 6, 2018. projects and implementation ++ TJC’s capacity to report Seema Verma, approaches, including their service deficiencies to the surveyed facilities models and community partners; and respond to the facility’s plan of Administrator, Centers for Medicare & services provided to clients (i.e., victims correction in a timely manner. Medicaid Services. of severe forms of human trafficking); ++ TJC’s capacity to provide CMS [FR Doc. 2018–17519 Filed 8–14–18; 8:45 am] service delivery practices; strategies to with electronic data and reports BILLING CODE 4120–01–P meet survivors’ immediate and long- necessary for effective validation and term housing needs; and approaches to assessment of the organization’s survey engaging survivors in program process. development and service delivery.

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Primary data for the evaluation will meeting the needs of diverse case management and direct services in be collected via surveys with project populations of victims of severe forms collaboration with their community directors, case managers, and key of human trafficking. Data collection partners. The currently proposed data community partners; and semi- will take place after receiving OMB collection for DVHT FY16 will build on structured qualitative interviews, approval through March 2020. this earlier data collection for the DVHT including telephone interviews with Data collection for an exploratory FY15 study to understand strategies and project directors, in-person interviews evaluation of the DVHT FY15 grantees program models implemented by the with select project staff, survivor (‘‘Domestic Human Trafficking grantees in various program contexts. leaders, and program partners, and Demonstration Projects’’) is being All data collection approved for DVHT individual interviews with program conducted under a prior Information FY15 is complete. clients. Interviews from multiple Collection Request under 0970–0487. perspectives will enhance the The data have provided insight into Respondents: Project directors, case government’s understanding of approaches grantees used to enhance managers, survivor leaders, other select appropriate service models and practice organizational and community capacity, project staff, key community partners, strategies for identifying, engaging, and identify domestic victims, and deliver and clients.

ANNUAL BURDEN ESTIMATES

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

Project Director Survey ...... 13 7 1 .5 4 Partner Survey ...... 260 130 1 .25 33 Case Manager Survey ...... 130 65 1 .33 21 Project Director Interview #1 ...... 13 7 1 2 14 Project Director Interview #2 ...... 13 7 1 1.5 11 Site Visit Interview Guide ...... 136 68 1 1.5 102 Client Interview Guide ...... 40 20 1 1 20

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND 2. a survey of providers of care to Hours: 205. HUMAN SERVICES children ages 0 through 5 years of age Additional Information: Copies of the (not yet in kindergarten) in a non- Administration for Children and proposed collection may be obtained by residential setting (Center-based Families writing to the Administration for Provider Interview), and 3. a survey conducted with Children and Families, Office of Submission for OMB Review; individuals employed in center-based Planning, Research and Evaluation, 330 Comment Request C Street SW, Washington, DC 20201, child care programs working directly Attn: OPRE Reports Clearance Officer. Title: 2019 National Survey of Early with children in classrooms (Workforce Interview). All requests should be identified by the Care and Education title of the information collection. Email OMB No.: 0970–0391 Both the home-based and center- address: OPREinfocollection@ Description: The Administration for based provider surveys will require a acf.hhs.gov. Children and Families (ACF), U.S. screener to determine eligibility for the Department of Health and Human main survey. OMB Comment: OMB is required to Services (HHS), is proposing a data The 2019 NSECE data collection make a decision concerning the collection activity as part of the efforts will provide urgently needed collection of information between 30 National Survey of Early Care and information about the supply of child and 60 days after publication of this Education (NSECE) which will be care and early education available to document in the Federal Register. conducted October 2018 through August families across all income levels, Therefore, a comment is best assured of 2019. The objective of the NSECE is to including providers serving low-income having its full effect if OMB receives it document the nation’s current supply of families of various racial, ethnic, within 30 days of publication. Written early care and education services (that language, and cultural backgrounds, in comments and recommendations for the is, home-based providers, center-based diverse geographic areas. The provider proposed information collection should providers, and the center-based provider data will include programs that do or do be sent directly to the following: Office workforce). The 2019 NSECE will not participate in the child care subsidy of Management and Budget, Paperwork collect information on child care and program, are regulated, registered, or Reduction Project, Email: OIRA_ early education providers that serve otherwise appear in state or national [email protected], Attn: families with children from birth to 13 lists and are home-based providers or Desk Officer for the Administration for years in the country, as well as the early center-based programs (e.g., private, Children and Families. care and education (ECE) workforce community-based child care, Head providing these services. The proposed Start, and state or local Pre-K). Accurate Emily B. Jabbour, collection will consist of three data on the availability and ACF/OPRE Certifying Officer. coordinated nationally representative characteristics of early care and [FR Doc. 2018–17563 Filed 8–14–18; 8:45 am] surveys: education programs are essential to BILLING CODE 4184–47–P 1. A survey of individuals providing assess the current and changing care for children under the age of 13 in landscape of child care and early a residential setting (Home-based education programs since the 2012 Provider Interview), NSECE data collection, and to provide

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insights to advance policy and based child care providers (including kindergarten), and selected instructional initiatives in the ECE field. public schools) serving children ages 0 staff members from these center-based Respondents: Home-based providers through 5 years of age (not yet in child care providers. serving children under 13 years, center-

ANNUAL BURDEN HOURS

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

Home-Based Provider Interview, including Screener ...... 4,000 1 .67 2,680 Home-based Provider Screener, no interview ...... 2,015 1 .03 60 Center-Based Provider Interview, including Screener ...... 7,800 1 . 8 6,240 Center-based Provider Screener, no interview ...... 7,640 1 .1 764 Workforce Provider Interview ...... 5,600 1 .33 1,848

Estimated Total Annual Burden Hours ...... 11,592

Additional Information: Copies of the of Human Services Emergency Preparedness and Response, delete KW proposed collection may be obtained by Preparedness and Response (OHSEPR). in its entirety and replace with: writing to the Administration for OHSEPR will be a direct report to the KW.00 MISSION. The Office of Human Children and Families, Office of Deputy Assistant Secretary for External Services Emergency Preparedness and Planning, Research, and Evaluation, Affairs. ACF will transfer the U.S. Response (OHSEPR) promotes resilience of Switzer Building, 330 C Street, SW, Repatriation Program from the Office of vulnerable individuals, children, families, Washington, DC 20201, Attn: OPRE Refugee Resettlement (ORR) to OHSEPR. and communities impacted by disasters and Reports Clearance Officer. All requests The OHSEPR mission statement has public health emergencies. OHSEPR provides should be identified by the title of the been revised to include the Repatriation human services expertise to ACF grantees, partners, and stakeholders during information collection. Email address: Program and responsibility for business preparedness, response, and recovery [email protected]. continuity planning. It renames the operations for emergency and disaster events. OMB Comment: OMB is required to Division of Disaster Case Management Working closely with ACF Program Offices make a decision concerning the to the Division of Response and and the Office of Regional Operations (ORO), collection of information between 30 Recovery Operations and the Division of OHSEPR coordinates ACF’s planning, policy, and 60 days after publication of this Emergency Planning, Policy and and operations for emergency and disaster document in the Federal Register. Operations to the Division of Emergency preparedness, response, and recovery. OHSEPR supports fulfillment of disaster Therefore, a comment is best assured of Policy and Planning. Lastly, it changes human services within the integrated having its full effect if OMB receives it the reporting relationship of the Office response and recovery operations of the HHS. within 30 days of publication. Written of Communications from a direct report OHSEPR administers the Human Services comments and recommendations for the to the Deputy Assistant Secretary for Immediate Disaster Case Management proposed information collection should External Affairs to a direct report to the Program and the U.S. Repatriation Program. be sent directly to the following: Office Assistant Secretary for Children and OHSEPR manages the ACF Continuity of of Management and Budget, Paperwork Families. Operation Plan (COOP), which directs how Reduction Project, Email: OIRA_ ACF’s mission essential functions are FOR FURTHER INFORMATION CONTACT: performed during a wide range of disruptions [email protected], Attn: Carolyn Meier, Acting Director for or emergencies. Desk Officer for the Administration for OHSEPR, (202) 401–9306, 330 C Street KW.10 ORGANIZATION. OHSEPR is Children and Families. SW, Washington, DC 20201. headed by a Director, who reports to the Assistant Secretary through the Deputy Emily Jabbour, This notice amends Part K of the Assistant Secretary of External Affairs ACF/OPRE Certifying Officer. Statement of Organization, Functions, (DASEA), and consists of: [FR Doc. 2018–17560 Filed 8–14–18; 8:45 am] and Delegations of Authority of the Office of the Director (KW1) BILLING CODE 4184–23–P Department of Health and Human Division of Response and Recovery Services (HHS), Administration for Operations (KW2) Children and Families (ACF), as Division of Emergency Policy and Planning DEPARTMENT OF HEALTH AND follows: Chapter KA, Immediate Office (KW3) HUMAN SERVICES of the Assistant Secretary as last KW.20 FUNCTIONS. A. The Office of the amended in 80 FR 63555–63558, Director is responsible for the administrative Administration for Children and October 20, 2015; Chapter KW, Office of oversight and strategic direction of all Families OHSEPR programs, projects, and activities. Human Services Emergency The Director implements the strategic vision Preparedness and Response as last of the DASEA, manages budgetary and legal Statement of Organization, Functions, amended in 80 FR 63555–63558, and Delegations of Authority matters affecting OHSEPR, administers October 20, 2015; Chapter KN, Office of human resources and program evaluation AGENCY: Administration for Children Communications as last amended in 80 functions, and ensures alignment of activities and Families, HHS. FR 63555–63558, October 20, 2015, and by all OHSEPR divisions with the Director’s strategy and applicable laws, policies, ACTION: Notice. most recently in 81 FR 49223–49224, July 27, 2016; and Chapter KR, Office of doctrines, and frameworks related to the provision of HHS ACF disaster human SUMMARY: Statement of Organizations, Refugee Resettlement as last amended in services and business continuity operations. Functions, and Delegations of Authority 82 FR 6588–6590, January 19, 2017. The Deputy Director assists the Director in an The Administration for Children and I. Under Chapter KW, Office of alter-ego capacity to carry out the Families (ACF) has realigned the Office Human Services Emergency responsibilities and oversight of the

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OHSEPR. The Director works in close Desk and threat analysis, situational out ACF’s mission and provides executive coordination with the DASEA and the awareness reporting, and deployment and supervision of the major components of ACF. Assistant Secretary due to the highly visible management of requested human services These responsibilities include providing nature of emergency preparedness and subject matter experts and response and executive leadership and direction to plan response. recovery staffing assets. It also coordinates and coordinate ACF program activities to The Administrative Team provides ACF support for federal emergency missions ensure their effectiveness; approving administrative, financial management, and liaises with federal interagency and other instructions, policies, publications, and grant budget, and contract officer representative partners in response and recovery. awards issued by ACF; and representing ACF support to OHSEPR. These responsibilities C. Division of Emergency Policy and in relationships with governmental and non- include, but are not limited to: (1) Serving as Planning is responsible for administering governmental organizations. The Principal the Executive Secretariat for OHSEPR, OHSEPR’s policy and planning activities to Deputy Assistant Secretary serves as an alter- including managing correspondence, support readiness of operations, and to ego to the Assistant Secretary for Children correspondence systems, and public requests; promote preparedness and resilience for and Families on program matters and acts in (2) coordinating human resources activities; children, families, and communities prior to the absence of the Assistant Secretary for and (3) as appropriate, development of disasters, public health emergencies, and Children and Families. The Chief of Staff internal policies and procedures relating to emergency repatriations. This Division advises the Assistant Secretary for Children these activities. carries out ‘‘steady state’’ activities to ensure and Families and provides executive B. Division of Response and Recovery readiness of deployable and non-deployable leadership and direction to the operations of Operations is responsible for administration assets and programs, including the ACF. The DASEA provides executive of ACF human services response and development of plans, guides, procedures, leadership and direction to the Office of recovery operations for disasters and public training, exercises, mutual agreements, and Regional Operations and the OHSEPR. The health emergencies and the repatriation of staffing assets. This Division actively Deputy Assistant Secretary for Early U.S. citizens. This division works closely promotes ACF’s deployable capabilities, Childhood Development serves as a key with the Division of Emergency Policy and including IDCM and the Repatriation liaison and representative to the Department Planning to maintain capabilities and ensure Program, and emergency preparedness and for early childhood development on behalf of readiness for response and recovery community resilience to ACF grantees and the Assistant Secretary, ACF, and to other operations to future events. Deployable human services providers, and ensures capabilities include the Human Services agencies across the government on behalf of human service impacts from disasters are the Department. The Deputy Assistant Immediate Disaster Case Management (IDCM) addressed in HHS-wide and government- Program, the Emergency Repatriation Secretary for Policy has responsibility for wide emergency planning and policymaking. cross-program coordination of ACF Program, and the deployment of ACF human This Division works closely with ACF services subject matter experts and staffing initiatives, including efforts to promote programs, Office of Regional Operations, interoperability and program integration. assets during response and recovery events. grantees and stakeholders, HHS operating The Human Services IDCM Program assists divisions, federal human service programs, III. Under Chapter KN, Office of states, tribes, and territories in establishing and state and local human service programs. Communications, delete KN.10 the capacity to coordinate and provide case This Division analyzes, forecasts, and Organization and replace with the management services in the event of a maintains volunteer employee staffing assets; following: presidentially declared disaster for which administers training and exercises for the Federal Emergency Management Agency deployment of volunteer staff in various KN.10 ORGANIZATION. The Office of (FEMA) Individual Assistance is approved. types of situations; and ensures necessary Communications is headed by a Director who This Division maintains the capacity to follow-up contact with volunteer staff after reports to the Assistant Secretary for deploy IDCM teams upon activation by the deployment to ensure their well-being and Children and Families. The Office is FEMA. The Division administers the adjustment. This Division works closely with organized as follows: electronic case record management system to ACF Program Offices, the Office of Regional Office of the Director (KNA) provide IDCM services in accordance with Operations, and the HHS Employee Division of News and Media (KNB) data management laws and regulations. This Assistance Program. Division of Digital Information (KNC) Division works closely with FEMA and the The Division is responsible for Division of Freedom of information Act HHS Assistant Secretary for Preparedness coordinating the development and currency (KND) and Response (ASPR). of ACF COOPs as required by the The Repatriation Program receives and Presidential Policy Directive 40 (PPD–40), IV. Under Chapter KN, Office of assists citizens and their dependents National Continuity Policy, and as directed Communications, delete KN.20 returning to the United States through the by the Administrator of FEMA. This Division functions, paragraph A and replace with repatriation process. During an emergency ensures the COOP meets established the following: repatriation, initiated by the Department of continuity program and planning KN.20 FUNCTIONS. A. The Office of State, this Division activates state requirements for executive departments and government capability through pre- Director provides leadership and direction to agencies, and contains defined elements the Office of Communications in established agreements to provide temporary outlined in established frameworks, services necessary for the health and welfare administering its responsibilities. The Office requirements, and processes. These required provides direction and leadership in the of eligible repatriated individuals in the form elements include delineation of essential of a service loan. Temporary services areas of public relations policy and internal functions; succession to office and and external communications services. It include, but are not limited to transportation, delegations of authority; safekeeping of and shelter, medical care, and other goods and serves as an advisor to the Assistant access to essential records; continuity services. (HHS Repatriation Program is Secretary for Children and Families in the locations; continuity communications; authorized under Section 1113 of the Social areas of public affairs, provides advice on human resources planning; devolution of Security Act and Public Law 86–571, 24 strategies and approaches to be used to essential functions; reconstitution; and U.S.C. 321–329, and other applicable improve public understanding of and access program validation through testing, training, regulations and executive orders.) This to ACF programs and policies, and and exercises. Division maintains the capacity to deploy coordinates and serves as ACF liaison with repatriation teams to support state II. Under Chapter KA, Office of the the Assistant Secretary for Public Affairs. The government operations at points of entry. Assistant Secretary for Children and Office serves as Regional Liaison on public This Division works closely with the Families, delete KA.20 Functions, affairs issues. Department of State and HHS ASPR to carry Paragraph A in its entirety and replace out program operations and to respond V. Continuation of Policy. Except as during events when state capability has been with the following: inconsistent with this reorganization, all exceeded. KA.20 FUNCTIONS. A. The Office of the statements of policy and interpretations This Division manages capabilities for Assistant Secretary for Children and Families with respect to organizational other operations, including ACF’s Watch is responsible to the Secretary for carrying components affected by this notice

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within ACF heretofore issued and in referred to its care by the Department of regulations and ORR policies and effect on this date of this reorganization Homeland Security (DHS). procedures. are continued in full force and effect. To ensure sufficient capacity to VI. Delegation of Authority. All Elizabeth Leo, provide shelter to unaccompanied delegations and redelegations of Grants Policy Specialist, Division of Grants authority made to officials and children referred to HHS, BCFS Policy, Office of Administration. employees of affected organizational proposed to provide ORR with 700 beds [FR Doc. 2018–17558 Filed 8–14–18; 8:45 am] components will continue in them or in an expedited manner. BILLING CODE 4184–45–P their successors pending further DATES: Supplemental award funds will redelegations, provided they are support activities through August 13, DEPARTMENT OF HEALTH AND consistent with this reorganization. 2018. VII. Funds, Personnel, and HUMAN SERVICES Equipment. Transfer of organizations FOR FURTHER INFORMATION CONTACT: Administration for Community Living and functions affected by this Jallyn Sualog, Director, Division of reorganization shall be accompanied in Children’s Services, Office of Refugee [OMB# 0985–0059] each instance by direct and support Resettlement, 330 C Street SW, funds, positions, personnel, records, Washington, DC 20447. Phone: 202– Agency Information Collection equipment, supplies, and other 401–4997. Email: DCSProgram@ Activities; Proposed Collection; resources. acf.hhs.gov. Comment Request; Data Collection This reorganization will be effective Materials for the Annual Performance upon date of signature. SUPPLEMENTARY INFORMATION: ORR is Reporting of the Administration for Dated: August 8, 2018. continuously monitoring its capacity to Community Living’s American Indian, Steven Wagner, shelter the unaccompanied children Alaskan Natives and Native Hawaiian Acting Assistant Secretary for Children and referred to HHS, as well as the Programs Families. information received from interagency AGENCY: Administration for Community [FR Doc. 2018–17575 Filed 8–14–18; 8:45 am] partners, to inform any future decisions Living, HHS. BILLING CODE 4184–34–P or actions. ORR has specific requirements for the provision of ACTION: Notice. services. Award recipients must have SUMMARY: The Administration for DEPARTMENT OF HEALTH AND the infrastructure, licensing, experience, HUMAN SERVICES Community Living (ACL) is announcing and appropriate level of trained staff to an opportunity for the public to meet those requirements. The expansion Administration for Children and comment on the proposed collection of of the existing program and its services Families information listed above. Under the through this supplemental award is a Paperwork Reduction Act of 1995 (the [CFDA Number: 93.676] key strategy for ORR to be prepared to PRA), Federal agencies are required to meet its responsibility to provide shelter Announcement of Intent To Issue One publish a notice in the Federal Register for Unaccompanied Children referred to OPDIV-Initiated Supplement to BCFS concerning each proposed collection of its care by DHS and so that the U.S. Health and Human Services Under the information, including each proposed Standing Announcement for Border Patrol can continue its vital extension of an existing collection of Residential (Shelter) Services for national security mission to prevent information, and to allow 60 days for Unaccompanied Children, HHS–2017– illegal migration, trafficking, and protect public comment in response to the ACF–ORR–ZU–1132 the borders of the United States. notice. Statutory Authority: This program is This notice solicits comments on the AGENCY: Unaccompanied Alien authorized by— Revision of a Currently Approved Children’s (UAC) Program, Office of Collection (ICR Rev) and solicits Refugee Resettlement (ORR), (A) Section 462 of the Homeland comments on the information collection Administration for Children and Security Act of 2002, which in March requirements related to the annual Families (ACF), U.S. Department of 2003, transferred responsibility for the Program Performance Report (PPR) for Health and Human Services (HHS). care and custody of Unaccompanied the American Indian, Alaskan Natives ACTION: Notice of intent to issue one Alien Children from the Commissioner and Native Hawaiian Programs under OPDIV-Initiated Supplement to BCFS of the former Immigration and Title VI of the Older Americans Act. Health and Human Services, San Naturalization Service (INS) to the DATES: Comments on the collection of Antonio, TX under the UAC Program. Director of ORR of the Department of information must be submitted Health and Human Services (HHS). electronically by 11:59 p.m. (EST) or SUMMARY: ACF, ORR, announces the postmarked by October 15, 2018. intent to issue one OPDIV-Initiated (B) The Flores Settlement Agreement, Supplement to BCFS Health and Human Case No. CV85–4544RJK (C.D. Cal. ADDRESSES: Submit electronic Services, San Antonio, TX in the 1996), as well as the William comments on the collection of amount of up to $19,011,218. Wilberforce Trafficking Victims information to: Kristen Hudgins at ORR has been identifying additional Protection Reauthorization Act of 2008 [email protected]. Submit capacity to provide shelter for potential (Pub. L. 110–457), which authorizes written comments on the collection of increases in apprehensions of post release services under certain information to Administration for Unaccompanied Children at the U.S. conditions to eligible children. All Community Living, Washington, DC Southern Border. Planning for increased programs must comply with the Flores 20201, Attention: Kristen Hudgins. shelter capacity is a prudent step to Settlement Agreement, Case No. CV85– FOR FURTHER INFORMATION CONTACT: ensure that ORR is able to meet its 4544–RJK (C.D. Cal. 1996), pertinent Kristen Hudgins, Social Science responsibility, by law, to provide shelter Analyst, Administration for Community for Unaccompanied Alien Children Living, Washington, DC 20201, 202–

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795–7732 or kristen.hudgins@ information, including the validity of the caregiver portion of the PPR has acl.hhs.gov. the methodology and assumptions used been updated to collect more SUPPLEMENTARY INFORMATION: Under the to determine burden estimates; information around types of caregivers PRA (44 U.S.C. 3501–3520), Federal (3) Ways to enhance the quality, served and unduplicated numbers of agencies must obtain approval from the utility, and clarity of the information to caregivers. Another element added has Office of Management and Budget be collected; and to do with information on expenditures. (OMB) for each collection of (4) Ways to minimize the burden of This data collection will also support information they conduct or sponsor. the collection of information on ACL in tracking performance outcomes ‘‘Collection of information’’ is defined respondents, including through the use and efficiency measures with respect to in 44 U.S.C. 3502(3) and 5 CFR of automated collection techniques the annual and long-term performance when appropriate, and other forms of 1320.3(c) and includes agency requests targets established in compliance with information technology. or requirements that members of the the Government Performance Results The data collection materials for the public submit reports, keep records, or Modernization Act (GPRAMA). provide information to a third party. annual performance data for the Section 3506(c)(2)(A) of the PRA (44 Administration for Community Living’s The proposed data collection tools U.S.C. 3506(c)(2)(A)) requires Federal American Indian, Alaskan Natives and may be found on the ACL website for agencies to provide a 60-day notice in Native Hawaiian Programs (OAA Title review at https://www.acl.gov/about- the Federal Register concerning each VI) is a revision of a currently approved acl/public-input. proposed collection of information, annual program performance data Estimated Program Burden: Title VI including each proposed extension of an collection (OMB# 0985–0059). These funding is broken into three categories. existing collection of information, data collection materials have been Parts A and B are for nutritional and updated to better align with comparable before submitting the collection to OMB supportive programming, and ask for data collected for ACL’s other for approval. To comply with this the same information. Part A is for nutritional, supportive, and caregiving requirement, ACL is publishing a notice American Indian and Alaska Native of the proposed collection of grants. Proposed changes include adding data components and updating grantees, and Part B is for Native information set forth in this document. Hawaiian grantees. Part C is for With respect to the following collection others for more accurate reporting of caregiver programming. All Part C of information, ACL invites comments persons served and activities provided grantees must have Part A/B funding; on our burden estimates or any other through the Title VI-funded programs. aspect of this collection of information, The revised data collection will provide but not all Part A/B grantees will have including: data necessary to determine the Part C programs. Therefore, there are (1) Whether the proposed collection effectiveness of the program. Some 270 unique respondents, but only 237 of information is necessary for the examples of these changes are updating will have to complete all portions of the proper performance of ACL’s functions, definitions in Title VI to be more in line PPR. ACL believes that the increase in including whether the information will with Title III, asking for unduplicated burden hours is justified by the have practical utility; numbers of people served for different improved quality of the data and will (2) The accuracy of ACL’s estimate of services and the number of hours spent ultimately improve the services the burden of the proposed collection of providing said services. Additionally, provided to Native Elders.

Responses Respondent/data collection activity Number of per Hours per Annual respondents respondent response burden hours

PPR Part A/B ...... 270 1 1.83 494.1 PPR Part C ...... 237 1 1.66 393.4

Total: ...... 887.5

Dated: August 8, 2018. DEPARTMENT OF HEALTH AND announcing an opportunity for public Mary Lazare, HUMAN SERVICES comment on the proposed collection of Principal Deputy Administrator. certain information by the Agency. Food and Drug Administration [FR Doc. 2018–17576 Filed 8–14–18; 8:45 am] Under the Paperwork Reduction Act of BILLING CODE 4154–01–P 1995 (PRA), Federal Agencies are [Docket No. FDA–2011–N–0915] required to publish notice in the Agency Information Collection Federal Register concerning each Activities; Proposed Collection; proposed collection of information, Comment Request; Guidance for including each proposed extension of an Industry on Postmarketing Adverse existing collection of information, and Event Reporting for Nonprescription to allow 60 days for public comment in Human Drug Products Marketed response to the notice. This notice Without an Approved Application solicits comments on the collection of information entitled ‘‘Guidance for AGENCY: Food and Drug Administration, Industry on Postmarketing Adverse HHS. Event Reporting for Nonprescription ACTION: Notice. Human Drug Products Marketed Without an Approved Application.’’ SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is

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DATES: Submit either electronic or Industry on Postmarketing Adverse SUPPLEMENTARY INFORMATION: Under the written comments on the collection of Event Reporting for Nonprescription PRA (44 U.S.C. 3501–3520), Federal information by October 15, 2018. Human Drug Products Marketed Agencies must obtain approval from the ADDRESSES: You may submit comments Without an Approved Application.’’ Office of Management and Budget as follows. Please note that late, Received comments, those filed in a (OMB) for each collection of untimely filed comments will not be timely manner (see ADDRESSES), will be information they conduct or sponsor. considered. Electronic comments must placed in the docket and, except for ‘‘Collection of information’’ is defined be submitted on or before October 15, those submitted as ‘‘Confidential in 44 U.S.C. 3502(3) and 5 CFR 2018. The https://www.regulations.gov Submissions,’’ publicly viewable at 1320.3(c) and includes Agency requests electronic filing system will accept https://www.regulations.gov or at the or requirements that members of the comments until midnight Eastern Time Dockets Management Staff between 9 public submit reports, keep records, or at the end of October 15, 2018. a.m. and 4 p.m., Monday through provide information to a third party. Comments received by mail/hand Friday. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal delivery/courier (for written/paper • Confidential Submissions—To Agencies to provide a 60-day notice in submissions) will be considered timely submit a comment with confidential the Federal Register concerning each if they are postmarked or the delivery information that you do not wish to be proposed collection of information, service acceptance receipt is on or made publicly available, submit your including each proposed extension of an before that date. comments only as a written/paper existing collection of information, submission. You should submit two Electronic Submissions before submitting the collection to OMB Submit electronic comments in the copies total. One copy will include the for approval. To comply with this following way: information you claim to be confidential requirement, FDA is publishing notice • Federal eRulemaking Portal: with a heading or cover note that states of the proposed collection of https://www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS information set forth in this document. instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ The With respect to the following Comments submitted electronically, Agency will review this copy, including collection of information, FDA invites including attachments, to https:// the claimed confidential information, in comments on these topics: (1) Whether www.regulations.gov will be posted to its consideration of comments. The the proposed collection of information the docket unchanged. Because your second copy, which will have the is necessary for the proper performance comment will be made public, you are claimed confidential information of FDA’s functions, including whether solely responsible for ensuring that your redacted/blacked out, will be available the information will have practical comment does not include any for public viewing and posted on utility; (2) the accuracy of FDA’s confidential information that you or a https://www.regulations.gov. Submit estimate of the burden of the proposed third party may not wish to be posted, both copies to the Dockets Management collection of information, including the such as medical information, your or Staff. If you do not wish your name and validity of the methodology and anyone else’s Social Security number, or contact information to be made publicly assumptions used; (3) ways to enhance confidential business information, such available, you can provide this the quality, utility, and clarity of the as a manufacturing process. Please note information on the cover sheet and not information to be collected; and (4) that if you include your name, contact in the body of your comments and you ways to minimize the burden of the information, or other information that must identify this information as collection of information on identifies you in the body of your ‘‘confidential.’’ Any information marked respondents, including through the use comments, that information will be as ‘‘confidential’’ will not be disclosed of automated collection techniques, posted on https://www.regulations.gov. except in accordance with 21 CFR 10.20 when appropriate, and other forms of • If you want to submit a comment and other applicable disclosure law. For information technology. with confidential information that you more information about FDA’s posting of comments to public dockets, see 80 Guidance for Industry on do not wish to be made available to the Postmarketing Adverse Event Reporting public, submit the comment as a FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/ for Nonprescription Human Drug written/paper submission and in the Products Marketed Without an manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- 23389.pdf. Approved Application; OMB Control Submissions’’ and ‘‘Instructions’’). Number 0910–0636—Extension Written/Paper Submissions Docket: For access to the docket to read background documents or the This information collection supports Submit written/paper submissions as electronic and written/paper comments Agency guidance directed to follows: received, go to https:// manufacturers, packers, and/or • distributors whose names appear on the Mail/Hand delivery/Courier (for www.regulations.gov and insert the label of a nonprescription drug written/paper submissions): Dockets docket number, found in brackets in the marketed in the United States under Management Staff (HFA–305), Food and heading of this document, into the section 502(b)(1) of the Federal Food, Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts Drug, and Cosmetic Act (FD&C Act) (21 Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management • U.S.C. 352(b)(1)). FDA is requesting For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, public comment on estimates of annual submitted to the Dockets Management Rockville, MD 20852. Staff, FDA will post your comment, as submissions from these respondents, as well as any attachments, except for FOR FURTHER INFORMATION CONTACT: required by the Dietary Supplement and information submitted, marked and Domini Bean, Office of Operations, Nonprescription Drug Consumer identified, as confidential, if submitted Food and Drug Administration, Three Protection Act (Pub. L. 109–462) and as detailed in ‘‘Instructions.’’ White Flint North, 10A–12M, 11601 described in the guidance. The guidance Instructions: All submissions received Landsdown St., North Bethesda, MD document discusses what should be must include the Docket No. FDA– 20852, 301–796–5733, PRAStaff@ included in a serious adverse drug event 2011–N–0915 for ‘‘Guidance for fda.hhs.gov. report submitted under section 760(b)(1)

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of the FD&C Act (21 U.S.C. 379aa(b)(1)), of adverse drug experience reports approximately 283 respondents for including followup reports under submitted for nonprescription drug nonprescription drugs marketed without 760(c)(2) of the FD&C Act (21 U.S.C. products marketed without an approved an approved application. We estimate 379aa(c)(2)), and how to submit these application and on prior input from that each submission will take reports. The estimates for the annual comments received from prior Federal approximately 6 hours to prepare and reporting and recordkeeping burdens Register publications. submit. are based on FDA data on the number Based on FDA records, we received 194,449 total annual responses from

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Reports of serious adverse drug events (21 U.S.C. 379aa((b) and (c)) ...... 283 687.099 194,449 6 1,166,694 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Section 760(e) of the FD&C Act (21 recommends that respondents maintain maintained by approximately 300 U.S.C. 379aa(e)) also requires that records of efforts to obtain the minimum respondents, and that it takes responsible persons maintain records of data elements for a report of a serious approximately 8 hours to maintain each nonprescription adverse event reports, adverse drug event and any followup record. whether or not the event is serious, for reports. We estimate that there are a period of 6 years. The guidance approximately 265,700 records per year

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Total Average Activity Number of records per annual burden per Total hours recordkeepers recordkeeper records recordkeeping

Recordkeeping (21 U.S.C. 379aa(e)(1)) ...... 300 885.6667 265,700 8 2,125,600 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Our estimated burden for the and Clinical Pharmacology Advisory www.regulations.gov electronic filing information collection reflects an Committee. The general function of the system will accept comments until overall increase. We attribute this committee is to provide advice and midnight Eastern Time at the end of adjustment to an increase in the number recommendations to FDA on regulatory September 19, 2018. Comments received of submissions we received in the last issues. The meeting will be open to the by mail/hand delivery/courier (for few years. public. FDA is establishing a docket for written/paper submissions) will be Dated: August 9, 2018. public comment on this document. considered timely if they are Leslie Kux, DATES: The meeting will be held on postmarked or the delivery service acceptance receipt is on or before that Associate Commissioner for Policy. September 20, 2018, from 8 a.m. to 5 p.m. date. [FR Doc. 2018–17526 Filed 8–14–18; 8:45 am] Comments received on or before BILLING CODE 4164–01–P ADDRESSES: FDA White Oak Campus, September 5, 2018, will be provided to 10903 New Hampshire Ave., Bldg. 31 the committee. Comments received after Conference Center, the Great Room (Rm. that date will be taken into DEPARTMENT OF HEALTH AND 1503), Silver Spring, MD 20993–0002. consideration by FDA. HUMAN SERVICES Answers to commonly asked questions You may submit comments as Food and Drug Administration including information regarding special follows: accommodations due to a disability, [Docket No. FDA–2018–N–2944] visitor parking, and transportation may Electronic Submissions be accessed at: https://www.fda.gov/ Submit electronic comments in the Pharmaceutical Science and Clinical AdvisoryCommittees/AboutAdvisory following way: Pharmacology Advisory Committee; Committees/ucm408555.htm. • Federal eRulemaking Portal: Notice of Meeting; Establishment of a FDA is establishing a docket for https://www.regulations.gov. Follow the Public Docket; Request for Comments public comment on this meeting. The instructions for submitting comments. AGENCY: Food and Drug Administration, docket number is FDA–2018–N–2944. Comments submitted electronically, HHS. The docket will close on September 19, including attachments, to https:// ACTION: Notice; establishment of a 2018. Submit either electronic or www.regulations.gov will be posted to public docket; request for comments. written comments on this public the docket unchanged. Because your meeting by September 19, 2018. Please comment will be made public, you are SUMMARY: The Food and Drug note that late, untimely filed comments solely responsible for ensuring that your Administration (FDA) announces a will not be considered. Electronic comment does not include any forthcoming public advisory committee comments must be submitted on or confidential information that you or a meeting of the Pharmaceutical Science before September 19, 2018. The https:// third party may not wish to be posted,

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such as medical information, your or contact information be made publicly standards, and will seek input on anyone else’s Social Security number, or available, you can provide this establishing patient-focused dissolution confidential business information, such information on the cover sheet and not standards for oral solid modified-release as a manufacturing process. Please note in the body of your comments and you dosage forms. that if you include your name, contact must identify the information as FDA intends to make background information, or other information that ‘‘confidential.’’ Any information marked material available to the public no later identifies you in the body of your as ‘‘confidential’’ will not be disclosed than 2 business days before the meeting. comments, that information will be except in accordance with 21 CFR 10.20 If FDA is unable to post the background posted on https://www.regulations.gov. and other applicable disclosure law. For material on its website prior to the • If you want to submit a comment more information about FDA’s posting meeting, the background material will with confidential information that you of comments to public dockets, see 80 be made publicly available at the do not wish to be made available to the FR 56469, September 18, 2015, or access location of the advisory committee public, submit the comment as a the information at: https://www.gpo.gov/ meeting, and the background material written/paper submission and in the fdsys/pkg/FR-2015-09-18/pdf/2015- will be posted on FDA’s website after manner detailed (see ‘‘Written/Paper 23389.pdf. the meeting. Background material is Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to available at https://www.fda.gov/ AdvisoryCommittees/Calendar/ Written/Paper Submissions read background documents or the electronic and written/paper comments default.htm. Scroll down to the Submit written/paper submissions as received, go to https:// appropriate advisory committee meeting follows: www.regulations.gov and insert the link. • Mail/Hand delivery/Courier (for docket number, found in brackets in the Procedure: Interested persons may written/paper submissions): Dockets heading of this document, into the present data, information, or views, Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts orally or in writing, on issues pending Drug Administration, 5630 Fishers and/or go to the Dockets Management before the committee. All electronic and Lane, Rm. 1061, Rockville, MD 20852. written submissions submitted to the • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. docket (see ADDRESSES) on or before submitted to the Dockets Management September 5, 2018, will be provided to FOR FURTHER INFORMATION CONTACT: Jay Staff, FDA will post your comment, as the committee. Oral presentations from R. Fajiculay, Center for Drug Evaluation well as any attachments, except for the public will be scheduled between and Research, Food and Drug information submitted, marked and approximately 10:40 a.m. to 11:10 a.m. Administration, 10903 New Hampshire identified, as confidential, if submitted and 3:20 p.m. to 3:50 p.m. Those Ave., Bldg. 31, Rm. 2417, Silver Spring, as detailed in ‘‘Instructions.’’ individuals interested in making formal Instructions: All submissions received MD 20993–0002, 301–796–9001, Fax: oral presentations should notify the must include the Docket No. FDA– 301–847–8533, email: ACPS-CP@ contact person and submit a brief 2018–N–2944 for ‘‘Pharmaceutical fda.hhs.gov, or FDA Advisory statement of the general nature of the Science and Clinical Pharmacology Committee Information Line, 1–800– evidence or arguments they wish to Advisory Committee; Notice of Meeting; 741–8138 (301–443–0572 in the present, the names and addresses of Establishment of a Public Docket; Washington, DC area). A notice in the proposed participants, and an Request for Comments.’’ Received Federal Register about last minute indication of the approximate time comments, those filed in a timely modifications that impact a previously requested to make their presentation on manner (see ADDRESSES), will be placed announced advisory committee meeting or before August 28, 2018. Time allotted in the docket and, except for those cannot always be published quickly for each presentation may be limited. If submitted as ‘‘Confidential enough to provide timely notice. the number of registrants requesting to Submissions,’’ publicly viewable at Therefore, you should always check speak is greater than can be reasonably https://www.regulations.gov or at the FDA’s website at https://www.fda.gov/ accommodated during the scheduled Dockets Management Staff between 9 AdvisoryCommittees/default.htm and open public hearing session, FDA may a.m. and 4 p.m., Monday through scroll down to the appropriate advisory conduct a lottery to determine the Friday. committee meeting link, or call the speakers for the scheduled open public • Confidential Submissions—To advisory committee information line to hearing session. The contact person will submit a comment with confidential learn about possible modifications notify interested persons regarding their information that you do not wish to be before coming to the meeting. request to speak by August 29, 2018. made publicly available, submit your SUPPLEMENTARY INFORMATION: Persons attending FDA’s advisory comments only as a written/paper Agenda: The meeting will focus on committee meetings are advised that submission. You should submit two two topics related to the Office of FDA is not responsible for providing copies total. One copy will include the Pharmaceutical Quality’s priority of access to electrical outlets. information you claim to be confidential promoting the availability of better For press inquiries, please contact the with a heading or cover note that states medicine. During the morning session, Office of Media Affairs at fdaoma@ ‘‘THIS DOCUMENT CONTAINS the committee will discuss the fda.hhs.gov or 301–796–4540. CONFIDENTIAL INFORMATION.’’ FDA modernization of assessing drug FDA welcomes the attendance of the will review this copy, including the applications through a Knowledge- public at its advisory committee claimed confidential information, in its Aided Assessment and Structured meetings and will make every effort to consideration of comments. The second Application (KASA) initiative. FDA will accommodate persons with disabilities. copy, which will have the claimed seek input on the potential If you require accommodations due to a confidential information redacted/ enhancement of a submission format disability, please contact Jay Fajiculay blacked out, will be available for public consistent with KASA to improve the (see FOR FURTHER INFORMATION CONTACT) viewing and posted on https:// efficiency and consistency of regulatory at least 7 days in advance of the www.regulations.gov. Submit both quality assessment. During the meeting. copies to the Dockets Management Staff. afternoon session, the committee will FDA is committed to the orderly If you do not wish your name and discuss in-vitro/in-vivo relationship conduct of its advisory committee

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meetings. Please visit our website at the criteria for a priority review Electronic Submissions https://www.fda.gov/Advisory voucher. CRYSVITA (burosamab-twza) Submit electronic comments in the Committees/AboutAdvisoryCommittees/ is indicated for the treatment of X- following way: ucm111462.htm for procedures on linked hypophosphatemia in adult and • Federal eRulemaking Portal: public conduct during advisory pediatric patients 1 year of age and https://www.regulations.gov. Follow the committee meetings. older. instructions for submitting comments. Notice of this meeting is given under For further information about the Rare Comments submitted electronically, the Federal Advisory Committee Act (5 Pediatric Disease Priority Review including attachments, to https:// U.S.C. app. 2). Voucher Program and for a link to the www.regulations.gov will be posted to Dated: August 9, 2018. full text of section 529 of the FD&C Act, the docket unchanged. Because your Leslie Kux, go to https://www.fda.gov/ForIndustry/ comment will be made public, you are DevelopingProductsforRareDiseases Associate Commissioner for Policy. solely responsible for ensuring that your Conditions/RarePediatricDiseasePriority comment does not include any [FR Doc. 2018–17524 Filed 8–14–18; 8:45 am] VoucherProgram/default.htm. For BILLING CODE 4164–01–P confidential information that you or a further information about CRYSVITA third party may not wish to be posted, (burosumab-twza), go to the ‘‘Drugs@ such as medical information, your or DEPARTMENT OF HEALTH AND FDA’’ website at https:// anyone else’s Social Security number, or HUMAN SERVICES www.accessdata.fda.gov/scripts/cder/ confidential business information, such daf/. as a manufacturing process. Please note Food and Drug Administration Dated: August 8, 2018. that if you include your name, contact [Docket No. FDA–2017–N–0809] Leslie Kux, information, or other information that Associate Commissioner for Policy. identifies you in the body of your Issuance of Priority Review Voucher; [FR Doc. 2018–17527 Filed 8–14–18; 8:45 am] comments, that information will be Rare Pediatric Disease Product BILLING CODE 4164–01–P posted on https://www.regulations.gov. • If you want to submit a comment AGENCY: Food and Drug Administration, with confidential information that you HHS. DEPARTMENT OF HEALTH AND do not wish to be made available to the ACTION: Notice. HUMAN SERVICES public, submit the comment as a written/paper submission and in the SUMMARY: The Food and Drug Food and Drug Administration Administration (FDA) is announcing the manner detailed (see ‘‘Written/Paper issuance of a priority review voucher to [Docket No. FDA–2018–D–0943] Submissions’’ and ‘‘Instructions’’). the sponsor of a rare pediatric disease Written/Paper Submissions product application. The Federal Food, Elemental Impurities in Animal Drug Submit written/paper submissions as Drug, and Cosmetic Act (FD&C Act), as Products—Questions and Answers; follows: amended by the Food and Drug Draft Guidance for Industry; • Mail/Hand delivery/Courier (for Administration Safety and Innovation Availability; Reopening of the written/paper submissions): Dockets Act (FDASIA), authorizes FDA to award Comment Period Management Staff (HFA–305), Food and priority review vouchers to sponsors of AGENCY: Food and Drug Administration, Drug Administration, 5630 Fishers approved rare pediatric disease product HHS. Lane, Rm. 1061, Rockville, MD 20852. applications that meet certain criteria. ACTION: Notice of availability; reopening • For written/paper comments FDA is required to publish notice of the of the comment period. submitted to the Dockets Management award of the priority review voucher. Staff, FDA will post your comment, as FDA has determined that CRYSVITA SUMMARY: The Food and Drug well as any attachments, except for (burosamab-twza), manufactured by Administration (FDA or Agency) is information submitted, marked and Ultragenyx Pharmaceutical, Inc., meets reopening the comment period for the identified, as confidential, if submitted the criteria for a priority review notice of availability that published in as detailed in ‘‘Instructions.’’ voucher. the Federal Register on March 27, 2018. Instructions: All submissions received FOR FURTHER INFORMATION CONTACT: In that document, FDA requested must include the Docket No. FDA– Althea Cuff, Center for Drug Evaluation comments on the draft guidance for 2018–D–0943 for ‘‘Elemental Impurities and Research, Food and Drug industry (GFI) #255 entitled ‘‘Elemental in Animal Drug Products—Questions Administration, 10903 New Hampshire Impurities in Animal Drug Products— and Answers.’’ Received comments will Ave., Silver Spring, MD 20993–0002, Questions and Answers.’’ The Agency is be placed in the docket and, except for 301–796–4061, Fax: 301–796–9856, taking this action in response to those submitted as ‘‘Confidential email: [email protected]. requests for an extension to allow Submissions,’’ publicly viewable at SUPPLEMENTARY INFORMATION: FDA is interested parties additional time to https://www.regulations.gov or at the announcing the issuance of a priority develop and submit comments. Dockets Management Staff between 9 review voucher to the sponsor of an DATES: FDA is reopening the comment a.m. and 4 p.m., Monday through approved rare pediatric disease product period on the notice of availability Friday. application. Under section 529 of the published March 27, 2018 (83 FR • Confidential Submissions—To FD&C Act (21 U.S.C. 360ff), which was 13134). Submit either electronic or submit a comment with confidential added by FDASIA, FDA will award written comments on the draft guidance information that you do not wish to be priority review vouchers to sponsors of by October 15, 2018 to ensure that the made publicly available, submit your approved rare pediatric disease product Agency considers your comment on this comments only as a written/paper applications that meet certain criteria. draft guidance before it begins work on submission. You should submit two FDA has determined that CRYSVITA the final version of the guidance. copies total. One copy will include the (burosamab-twza), manufactured by ADDRESSES: You may submit comments information you claim to be confidential Ultragenyx Pharmaceutical, Inc., meets on any guidance at any time as follows: with a heading or cover note that states

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‘‘THIS DOCUMENT CONTAINS guidance practices regulation (21 CFR Key Dates CONFIDENTIAL INFORMATION.’’ The 10.115). The draft guidance, when Application Deadline Date: September Agency will review this copy, including finalized, will represent the current 12, 2018 the claimed confidential information, in thinking of FDA on ‘‘Elemental Review Date: September 14–18, 2018 its consideration of comments. The Impurities in Animal Drug Products— Earliest Anticipated Start Date: second copy, which will have the Questions and Answers’’, providing September 30, 2018 claimed confidential information recommendations to sponsors regarding redacted/blacked out, will be available the control of elemental impurities in I. Funding Opportunity Description for public viewing and posted on animal drug products, including all Statutory Authority https://www.regulations.gov. Submit dosage forms and routes of The Indian Health Service (IHS) both copies to the Dockets Management administration. It does not establish any Office of Public Health Support, Staff. If you do not wish your name and rights for any person and is not binding Division of Epidemiology and Disease contact information to be made publicly on FDA or the public. You can use an Prevention (DEDP), is accepting available, you can provide this alternative approach if it satisfies the applications for a cooperative agreement information on the cover sheet and not requirements of the applicable statutes for competitive supplemental funds to in the body of your comments and you and regulations. This guidance is not enhance activities in the Epidemiology must identify this information as subject to Executive Order 12866. ‘‘confidential.’’ Any information marked Program for American Indian/Alaska The Agency received two requests for as ‘‘confidential’’ will not be disclosed Native (AI/AN) Tribes and Urban Indian an extension of the comment period for except in accordance with 21 CFR 10.20 communities. the draft guidance. The requestors and other applicable disclosure law. For This program is authorized under: indicated they needed more time to more information about FDA’s posting Section 317(k)(2) of the Public Health complete development of comments to of comments to public dockets, see 80 Service Act [42 U.S.C. 247(b)(k)(2), as FR 56469, September 18, 2015, or access submit in response to the draft amended]. Funding for this award will the information at: https://www.gpo.gov/ guidance. be provided by: The Centers for Disease fdsys/pkg/FR-2015-09-18/pdf/2015- FDA has considered the requests and Control and Prevention’s (CDC) National 23389.pdf. is reopening the comment period for the Center for Emerging and Zoonotic Docket: For access to the docket to draft guidance for 60 days, until October Infectious Diseases (NCEZID). The read background documents or the 15, 2018. The Agency believes that a 60- authorities will be exercised by CDC electronic and written/paper comments day reopening of the comment period and through an Intra-Departmental received, go to https:// allows adequate time for interested Delegation of Authority (IDDA) with www.regulations.gov and insert the persons to submit comments to ensure IHS to create a supplemental funding docket number, found in brackets in the that the Agency can consider the opportunity for Tribal Epidemiology heading of this document, into the comments on this draft guidance before Centers. The administration will be ‘‘Search’’ box and follow the prompts it begins work on the final version of the carried out through an Intra-agency and/or go to the Dockets Management guidance. Agreement (IAA) between CDC and IHS. Staff, 5630 Fishers Lane, Rm. 1061, This program is described in the Catalog Rockville, MD 20852. II. Electronic Access of Federal Domestic Assistance (CFDA) You may submit comments on any under 93.231. Persons with access to the internet guidance at any time (see 21 CFR may obtain the draft guidance at either Background 10.115(g)(5)). Submit written requests https://www.fda.gov/AnimalVeterinary/ for single copies of the draft guidance to The Tribal Epidemiology Center (TEC) GuidanceComplianceEnforcement/ the Policy and Regulations Staff (HFV– program was authorized by Congress in GuidanceforIndustry/default.htm or 6), Center for Veterinary Medicine, Food 1998 as a way to provide public health https://www.regulations.gov. and Drug Administration, 7500 Standish support to multiple Tribes and Urban Pl., Rockville, MD 20855. Send one self- Dated: August 9, 2018. Indian communities in each of the IHS addressed adhesive label to assist that Leslie Kux, Areas. Only current TEC grantees office in processing your requests. See Associate Commissioner for Policy. serving Arizona Indian Tribes or Urban the SUPPLEMENTARY INFORMATION section Indian communities with confirmed [FR Doc. 2018–17525 Filed 8–14–18; 8:45 am] for electronic access to the draft cases of Rocky Mountain spotted fever guidance document. BILLING CODE 4164–01–P (RMSF) between 2003–2017 are eligible FOR FURTHER INFORMATION CONTACT: to apply for the competing Michael Brent, Center for Veterinary supplemental funding under this DEPARTMENT OF HEALTH AND announcement and must demonstrate Medicine (HFV–140), Food and Drug HUMAN SERVICES Administration, 7500 Standish Pl., that they have complied with previous terms and conditions of the TEC Rockville, MD 20855, 240–402–0647, Indian Health Service [email protected]. program. SUPPLEMENTARY INFORMATION: Division of Epidemiology and Disease Positioned uniquely within Tribes and Tribal or Urban Organizations, I. Background Prevention Epidemiology Program for American Indian/Alaska Native Tribes TECs are able to conduct disease In the Federal Register of March 27, and Urban Indian Communities surveillance, research, prevention and 2018, FDA published a notice of control of disease, injury, or disability. availability with a 60-day comment Announcement Type: Competing This allows them to assess the period to request comments on draft GFI Supplement effectiveness of AI/AN public health #255 entitled ‘‘Elemental Impurities in programs. In addition, they can fill gaps Animal Drug Products—Questions and Funding Announcement Number: HHS– in data needed for the relevant Answers.’’ 2018–IHS–EPI–0002 Government Performance and Results This level 1 draft guidance is being Catalog of Federal Domestic Assistance Act and Healthy People 2020 measures. issued consistent with FDA’s good Number: 93.231 Some of the existing TECs have already

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developed innovative strategies to provide technical assistance by way of organizations [25 U.S.C. 1621m(b)]. monitor the health status of Tribes and program management, epidemiologic Other organizations do not have the Urban Indian communities, including support and project design. These capacity to provide this support. With development of Tribal health registries resources are often provided to one or respect to access to information, TECs and use of sophisticated record linkage more Tribal nations in the region and are treated as public health authorities computer software to correct existing can serve as a regional support for area for the purpose of the Health Insurance state data sets for racial Tribes. Portability and Accountability Act of misclassification. Tribal Epidemiology For the purpose of this Notice of 1996 (Pub. L. 104–191). Unlike their Centers work in partnership with IHS Funding Opportunity (NOFO), technical counterparts, they have no (or little) DEDP to provide a more accurate assistance to support prevention of funding from their jurisdictional national picture of Indian health status. RMSF should be locally tailored and governments to perform these public To further the goals of the partnership, evidence-based. Recommended functions. a new CDC funding opportunity will be prevention practices could focus on The limited-eligibility NOFO will made available to TECs to implement material resources for vector control, allow direct support of RMSF cancer projects in Indian Country, environmental cleanup or animal prevention to TECs serving Arizona designed to help decrease these control, training and staff development Indian Tribes and Urban Indian disparities and lessen the burden of relating to RMSF prevention, or Organizations with confirmed cases of developing educational materials to cancer in this population. For RMSF between 2003–2017. Utilization educate the public and providers about administrative purposes, this new of TECs allows for the consolidation of issues relating to RMSF. All assistance funding opportunity will be packaged regional resources across Tribal with educational materials needs to with the existing IHS cooperative boundaries. TECs already possess ensure those that are used are culturally agreements. technical expertise in program RMSF is a life-threatening tickborne appropriate and locally-minded. management, community-based disease. RMSF has been an emerging Awardees are expected to provide interventions and educational tool threat to Tribal communities in Arizona support for applicant-identified development. Tribal Epidemiology since 2003, with more than 388 cases outcomes from the following: Improve Centers must have demonstrated their and 23 deaths—a case fatality rate 15 RMSF prevention practices to support times higher than the national rate. the health of targeted Tribal ability to methodically and effectively Epidemics in Arizona Tribal communities at risk for RMSF, reach Tribal members and efficiently communities are driven by large disseminate lessons learned on proven work with AI/AN populations on their populations of brown dog ticks and free- interventions of RMSF, and create public health capacity building. roaming dog populations, and thus sustainable RMSF prevention programs. Selected organizations that have require control of the animal and vector previous experience working effectively population. Effective control strategies Purpose with Tribal governments will help have been identified through evidence- The purpose of this IHS cooperative ensure that interventions and based research with Tribal, Federal, agreement is to build capacity for RMSF infrastructure are culturally appropriate state, and private partners in an prevention in Arizona’s Tribes. RMSF and locally minded. innovative project called the RMSF prevention is a multidisciplinary II. Award Information Rodeo. This project demonstrated that problem, requiring technical resources integrated pest management techniques across public health, veterinary, clinical Type of Award including use of tick preventives on medicine, vector control, environmental Cooperative Agreement. dogs, environmental pesticide and health and sanitation. This NOFO will community education could effectively support Tribes, through the technical Estimated Funds Available reduce the number of ticks on dogs, in assistance and trainings of regional The total amount of funding the environment, and more importantly, TECs, in providing training for staff, identified for the current fiscal year (FY) reduced the incidence of RMSF in purchasing equipment, building Tribal communities. Cases in the project facilities, developing communications 2018 is approximately $300,000. area were reduced by 43%. While these materials, and establishing partnerships Individual award amounts are effective techniques have been that will sustain RMSF prevention in anticipated to be between $100,000 and identified and successfully the long term. $300,000. The amount of funding implemented, they require fundamental available for competing and Limited Competition Justification infrastructure in vector control and continuation awards issued under this animal control, which are often lacking The IHS enters into cooperative announcement are subject to the in Tribal communities. agreements with TECs under the availability of appropriations and Many of the impacted Tribal authority of Section 214(a)(1) of the budgetary priorities of the Agency. The communities are small (fewer than Indian Health Care Improvement Act, IHS is under no obligation to make 15,000 residents), rural communities Public Law 94–437, as amended by awards that are selected for funding where resources for vector and animal Public Law 102–573. Tribal under this announcement. control may not be available. Epidemiology Centers carry out a list of Anticipated Number of Awards Consolidation of resources by region can functions specified in statute. These ensure prudent use of funds where functions include data collection and Approximately two awards will be individual positions cannot be analysis; evaluation of existing delivery issued under this program supported. Tribal Epidemiology Centers systems, data systems, and other announcement. have a unique appreciation and systems that impact the improvement of Period of Performance understanding of these factors and Indian health; making recommendations ensure that health priorities and for the targeting of services; and The period of performance is for three program interventions are culturally provision of requested technical years and will run consecutively from competent, appropriate, and locally assistance to Indian Tribes, Tribal September 30, 2018 to September 29, minded. Tribal Epidemiology Centers organizations, and Urban Indian 2021.

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Cooperative Agreement technical assistance to the Tribe and/or Federal, State, or local sources or funds Cooperative agreements awarded by Urban Indian Organization (UIO) in the independently generated by the grantee the Department of Health and Human purchase or rental of equipment, hiring are not supplanted). Services (HHS) are administered under of staff and training of staff in safe and Note: Please refer to Section IV.2 the same policies as a grant. However, effective vector control, animal control, (Application and Submission Information/ the funding agency (CDC) is required to and environmental cleanup practices. Subsection 2, Content and Form of have substantial programmatic (2) Assist Tribes with conducting Application Submission) for additional proof involvement in the project during the evidence-based RMSF prevention of applicant status and documents required. entire award segment. Below is a activities in communities at risk. Rocky 2. Cost Sharing or Matching detailed description of the level of Mountain spotted fever prevention involvement required for both the CDC activities can include (but are not The IHS does not require matching and the grantee. The CDC per the limited to) cleanup of solid waste in and funds or cost sharing for grants or Memorandum of Understanding (MOU) around homes, spay and neuter cooperative agreements. activities, and tick prevention between the IHS and the CDC, will be 3. Other Requirements responsible for activities listed under campaigns. section A and the grantee will be (3) Provide assistance to Tribes to If application budgets exceed the responsible for activities listed under conduct community education about highest dollar amount outlined under section B as stated: RMSF, including the signs and the Estimated Funds Available section symptoms, prevention, importance of within this funding announcement, the Substantial Involvement Description for early treatment and confirmatory application will be considered ineligible Cooperative Agreement testing. and will not be reviewed for further A. IHS and CDC Programmatic III. Eligibility Information consideration. If deemed ineligible, the Involvement IHS will not return the application. The 1. Eligibility applicant will be notified by email by (1) IHS will compete funds for TEC’s Only current Arizona TEC grantees the Division of Grants Management using a NOFO. The IHS will be (DGM) of this decision. responsible for convening an Objective serving Tribes with previously reported Review Committee (ORC) and selecting cases of RMSF are eligible to apply for IV. Application and Submission eligible applicants as detailed above. the competing supplemental funding Information under this announcement. They must (2) The IHS and the CDC will be 1. Obtaining Application Materials involved with ongoing consultation and demonstrate that they have complied technical assistance to plan, implement, with previous terms and conditions of The application package and detailed and evaluate each component as the TEC program. instructions for this announcement can described under Recipient Activities. Rocky Mountain spotted fever is a be found at http://www.Grants.gov or Consultation and technical assistance life-threatening tickborne disease. An http://www.ihs.gov/dgm/funding/. may include, but not be limited to, the ongoing epidemic of RMSF affects Questions regarding the electronic following areas: Tribal lands in Arizona with more than application process may be directed to (i) Interpretation of current scientific 388 cases and 23 deaths since 2003—a Mr. Paul Gettys at (301) 443–2114 or literature related to epidemiology, case fatality rate 15 times higher than (301) 443–5204. statistics, surveillance, and other public that national rate. All deaths from locally acquired RMSF in Arizona have 2. Content and Form Application health issues relating to RMSF; Submission (ii) Technical assistance on the design occurred among Native peoples. Six and implementation of each program Tribes in the Arizona area have The applicant must include the component such as surveillance, experienced epidemic rates of RMSF project narrative as an attachment to the epidemiologic analysis, outbreak transmitted by this tick vector. Only application package. Mandatory investigation, development of Arizona TECs serving Tribes with documents for all applicants include: epidemiologic studies, development of previously reported cases of RMSF will • Table of contents. disease control programs, coordination be eligible to apply for this cooperative • Abstract (one page) summarizing of activities, and training of study staff; agreement. To avoid redundancy for the project. (iii) Participating in the presentation funded activities, applicants must • Application forms: of results in publications, if applicable; disclose any other federal funds from Æ SF–424, Application for Federal and the current FY that have been received Assistance. (iv) Technical assistance on overall or applied specifically for RMSF Æ SF–424A, Budget Information— operational planning and program prevention. Non-Construction Programs. Æ SF–424B, Assurances—Non- management. No Supplanting of Funds (3) Conduct site visits to TECs and/or Construction Programs. coordinate TEC visits to IHS and/or CDC The applicant must certify that: (1) • Budget Justification and Narrative headquarters to assess work plans and The TEC RMSF Competing (must be single-spaced and not exceed ensure data security, confirm Supplemental Funds, if awarded, will 5 pages). compliance with applicable laws and not supplant expenditures from other • Project Narrative (must be single- regulations, assess program activities, Federal, State, or local sources or funds spaced and not exceed 10 pages). and to mutually resolve problems, as independently generated by the grantee; Æ Background information on the needed. and (2) the TEC RMSF Competing organization. Supplemental Funds, if awarded, will Æ Proposed scope of work, objectives, B. Grantee Cooperative Agreement not supplant any leverage related to this and activities that provide a description Award Activities grant, if any (that is, the grantee must of what will be accomplished, including (1) Build Tribal capacity to provide have pursued and secured leverage to a one-page Timeframe Chart. animal control, vector control or the fullest extent possible in order to • Letters of Support from environmental cleanup, by providing ensure that expenditures from other organization’s Board of Directors.

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• 501(c)(3) Certificate (if applicable). Part A: Program Information 3 Page 3. Submission Dates and Times • Biographical sketches for all Key Limit Applications must be submitted Personnel. Section 1: Needs. electronically through Grants.gov by • Contractor or Consultant resumes or Describe applicant’s current health 11:59 p.m. Eastern Daylight Time (EDT) qualifications and scope of work. program activities relating to RMSF on the Application Deadline Date listed • Disclosure of Lobbying Activities prevention, including elements of vector in the Key Dates section on page one of (SF–LLL). control, animal control and solid waste this announcement. Any application • Certification Regarding Lobbying cleanup, how long each element has received after the application deadline (GG-Lobbying Form). been operating, what programs or will not be accepted for processing, nor • Copy of current Negotiated Indirect services are currently being provided will it be given further consideration for Cost rate (IDC) agreement (required in and identify any current partnerships funding. Grants.gov will notify the order to receive IDC). supporting current Tribal programs. applicant via email if the application is • Organizational Chart (optional). Describe the TEC’s administrative rejected. infrastructure to support the assumption • Documentation of current Office of If technical challenges arise and of program goals and accomplishments. Management and Budget (OMB) assistance is required with the Financial Audit (if applicable). Part B: Program Planning and electronic application process, contact Grants.gov Customer Support via email Acceptable forms of documentation Evaluation 5 Page Limit at [email protected] or at (800) 518– include: Section 1: Program Plans. Æ 4726. Customer Support is available to Email confirmation from Federal Fully and clearly describe the TEC’s address questions 24 hours a day, 7 days Audit Clearinghouse (FAC) that audits plans to demonstrate improved health a week (except on Federal holidays). If were submitted; or and services to the community it serves. Æ problems persist, contact Mr. Paul Face sheets from audit reports. Include proposed timelines for Gettys ([email protected]), Grant These can be found on the FAC website: negotiations and deliverables. Please Systems Coordinator, DGM, by https://harvester.census.gov/facdissem/ note any partnerships you plan to telephone at (301) 443–2114 or (301) Main.aspx. utilize as part of program 443–5204. Please contact Mr. Gettys at Public Policy Requirements: All implementation. Please discuss any least ten days prior to the application Federal-wide public policies apply to prioritization of RMSF prevention deadline. Please do not contact the DGM IHS grants and cooperative agreements elements or justification for not until you have received a Grants.gov with exception of the Discrimination addressing any of the key RMSF tracking number. In the event you are policy. prevention tenets (animal control, not able to obtain a tracking number, vector control, education, or call the DGM as soon as possible. Requirements for Project and Budget environmental cleanup). Narratives Section 2: Program Evaluation. 4. Intergovernmental Review A. Project Narrative: This narrative Describe fully and clearly the Executive Order 12372 requiring should be a separate Word document improvements that will be made by the intergovernmental review is not that is no longer than 10 pages and TEC to RMSF and identify the applicable to this program. must: Be single-spaced, type written, anticipated or expected benefits for have consecutively numbered pages, use Tribal communities they serve. Describe 5. Funding Restrictions black type not smaller than 12 points, the outcomes that you plan to achieve • Pre-award costs are not allowable. and be printed on one side only of within the funding period and how you • The available funds are inclusive of standard size 81⁄2″ x 11″ paper. plan to collect outcome and direct and appropriate indirect costs. • Be sure to succinctly answer all performance measures. Only one grant or cooperative agreement will be awarded per questions listed under the evaluation Part C: Program Report 2 Page Limit criteria (refer to Section V.1, Evaluation applicant. Describe your organization’s • IHS will not acknowledge receipt of criteria in this announcement) and place significant program activities and applications. all responses and required information accomplishments over the past five in the correct section (noted below), or years associated with the goals of this 6. Electronic Submission Requirements they will not be considered or scored. announcement. All applications must be submitted These narratives will assist the ORC in Please identify and describe electronically. Please use the http:// becoming familiar with the applicant’s significant program activities and www.Grants.gov website to submit an activities and accomplishments prior to achievements associated with RMSF. application electronically and select the this possible cooperative agreement Provide a comparison of the actual ‘‘Search Grants’’ link on the homepage. award. If the narrative exceeds the page accomplishments to the goals Follow the instructions for submitting limit, only the first 10 pages will be established for the project period, or if an application under the Package tab. reviewed. The 10-page limit for the applicable, provide justification for the Electronic copies of the application may narrative does not include the work lack of progress. not be submitted as attachments to plan, standard forms, table of contents, email messages addressed to IHS B. Budget Narrative 5 Page Limit budget, budget justifications, narratives, employees or offices. and/or other appendix items. This narrative must include a line There are three parts to the narrative: item budget with a narrative Waiver Request Part A—Program Information; Part B— justification for all expenditures If the applicant needs to submit a Program Planning and Evaluation; and identifying reasonable allowable, paper application instead of submitting Part C—Program Report. See below for allocable costs necessary to accomplish electronically through Grants.gov, a additional details about what must be the goals and objectives as outlined in waiver must be requested. Prior included in the narrative. the project narrative. Budget should approval must be requested and The page limitations below are for match the scope of work described in obtained from Mr. Robert Tarwater, each narrative and budget submitted. the project narrative. Director, DGM, (see Section IV.6 below

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for additional information). A written additional documentation that may be hour to complete and SAM registration waiver request must be sent to requested by the DGM. will take 3–5 business days to process. [email protected] with a copy to • All applicants must comply with Registration with the SAM is free of [email protected]. The waiver any page limitation requirements charge. Applicants may register online must: (1) Be documented in writing described in this funding at https://www.sam.gov. (emails are acceptable), before announcement. Additional information on submitting a paper application, and (2) • After electronically submitting the implementing the Transparency Act, include clear justification for the need application, the applicant will receive including the specific requirements for to deviate from the required electronic an automatic acknowledgment from DUNS and SAM, can be found on the grants submission process. Grants.gov that contains a Grants.gov IHS Grants Management, Grants Policy Once the waiver request has been tracking number. The DGM will website: http://www.ihs.gov/dgm/ approved, the applicant will receive a download the application from policytopics/. Grants.gov and provide necessary copies confirmation of approval email V. Application Review Information containing submission instructions and to the appropriate agency officials. the mailing address to submit the Neither the DGM nor the Division of The instructions for preparing the application. A copy of the written Epidemiology and Disease Prevention application narrative also constitute the approval must be submitted along with will notify the applicant that the evaluation criteria for reviewing and application has been received. scoring the application. Weights the hardcopy of the application that is • mailed to DGM. Paper applications that Email applications will not be assigned to each section are noted in are submitted without a copy of the accepted under this announcement. parentheses. The 10 page narrative signed waiver from the Director of the should include only the first year of Dun and Bradstreet (D&B) Data activities; information for multi-year DGM will not be reviewed or considered Universal Numbering System (DUNS) for funding. The applicant will be projects should be included as an All IHS applicants and grantee appendix. See ‘‘Multi-year Project notified via email of this decision by the organizations are required to obtain a Grants Management Officer of the DGM. Requirements’’ at the end of this section DUNS number and maintain an active for more information. The narrative Paper applications must be received by registration in the SAM database. The the DGM no later than 5:00 p.m., EDT, section should be written in a manner DUNS number is a unique 9-digit that is clear to outside reviewers on the Application Deadline Date listed identification number provided by D&B in the Key Dates section on page one of unfamiliar with prior related activities which uniquely identifies each entity. of the applicant. It should be well this announcement. Late applications The DUNS number is site specific; will not be accepted for processing or organized, succinct, and contain all therefore, each distinct performance site information necessary for reviewers to considered for funding. Applicants that may be assigned a DUNS number. do not adhere to the timelines for understand the project fully. Points will Obtaining a DUNS number is easy, and be assigned to each evaluation criteria System for Award Management (SAM) there is no charge. To obtain a DUNS and/or http://www.Grants.gov adding up to a total of 100 points. A number, you may access it through minimum score of 65 points is required registration or that fail to request timely http://fedgov.dnb.com/webform, or to assistance with technical issues will not for funding. Points are assigned as expedite the process, call (866) 705– follows: be considered for a waiver to submit a 5711. paper application. All HHS recipients are required by the 1. Criteria Please be aware of the following: Federal Funding Accountability and A. Introduction and Need for Assistance • Please search for the application Transparency Act of 2006, as amended (10 Points) package in http://www.Grants.gov by (‘‘Transparency Act’’), to report • Background and problem statement. entering the CFDA number or the information on sub-awards. Provide concise summary of RMSF in Funding Opportunity Number. Both Accordingly, all IHS grantees must Tribal communities served by the TEC. numbers are located in the header of notify potential first-tier sub-recipients Include information about: this announcement. that no entity may receive a first-tier • Æ Impacted Tribal communities. (1 If you experience technical sub-award unless the entity has challenges while submitting your point) provided its DUNS number to the prime Æ Number of RMSF cases in Tribal application electronically, please grantee organization. This requirement contact Grants.gov Support directly at: communities. (1 point) ensures the use of a universal identifier Æ Tribal Epidemiology Center [email protected] or (800) 518–4726. to enhance the quality of information jurisdiction (which of the impacted Customer Support is available to available to the public pursuant to the Tribal communities are served by the address questions 24 hours a day, 7 days Transparency Act. TEC). (1 point) a week (except on Federal holidays). Æ • System for Award Management (SAM) Evidence of previous work with Upon contacting Grants.gov, obtain Tribal populations. (2 points) a tracking number as proof of contact. Organizations that were not registered Æ Evidence of gaps in current Tribal The tracking number is helpful if there with Central Contractor Registration and RMSF response. (5 points) are technical issues that cannot be have not registered with SAM will need resolved and a waiver from the agency to obtain a DUNS number first and then B. Project Objective(s), Work Plan and must be obtained. access the SAM online registration Approach (25 Points) • Applicants are strongly encouraged through the SAM home page at https:// • Clearly identify the objectives of the not to wait until the deadline date to www.sam.gov (U.S. organizations will program to be fulfilled by the TEC. At begin the application process through also need to provide an Employer least two objectives should be able to be Grants.gov as the registration process for Identification Number from the Internal completed within the program period SAM and Grants.gov could take up to 15 Revenue Service that may take an (indicate these two objectives in bold). working days. additional 2–5 weeks to become active). (10 points) • Please use the optional attachment Completing and submitting the • Outline approach for achieving feature in Grants.gov to attach registration takes approximately one above listed objectives in work plan or

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logic model. Outline overarching • Consultant or contractor proposed Disapproved Applicants activities, short-term and long term- scope of work and letter of commitment Applicants who received a score less outcomes. Make note of proposed (if applicable). than the recommended funding level for timelines and partners who will be • Current Indirect Cost Agreement. approval, 65, and were deemed to be involved in each activity. (15 points) • Organizational chart. • Map of area identifying project disapproved by the ORC, will receive an C. Program Evaluation (30 Points) location(s). Executive Summary Statement from the • • Clearly identify plans for program Additional documents to support IHS program office within 30 days of the evaluation to ensure that objectives of narrative (i.e. data tables, key news conclusion of the ORC outlining the the program are met at the conclusion articles, etc.). strengths and weaknesses of their application. The summary statement of the funding period. (10 points) 2. Review and Selection • Include SMART (Specific, will be sent to the Authorized measurable, achievable, realistic and Each application will be prescreened Organizational Representative that is time-bound) evaluation criteria. (10 by the DGM staff for eligibility and identified on the face page (SF–424) of points) completeness as outlined in the funding the application. The IHS program office • Evaluation should minimally announcement. Applications that meet will also provide additional contact include summaries of activities in each the eligibility criteria shall be reviewed information as needed to address of the key RMSF prevention tenants for merit by the ORC based on questions and concerns as well as (animal control, vector control, evaluation criteria in this funding provide technical assistance if desired. announcement. The ORC could be education, or environmental cleanup). composed of both Tribal and Federal Approved But Unfunded Applicants (10 points) reviewers appointed by the IHS Program Approved but unfunded applicants D. Organizational Capabilities, Key to review and make recommendations that met the minimum scoring range Personnel and Qualifications (30 Points) on these applications. The technical and were deemed by the ORC to be • Include an organizational capacity review process ensures selection of ‘‘Approved,’’ but were not funded due statement which demonstrates the quality projects in a national to lack of funding, will have their ability to execute program strategies competition for limited funding. applications retained by DGM for a within the program period. (10 points) Incomplete applications and period of one year. If additional funding • Project management and staffing applications that are non-responsive to becomes available during the course of plan. Detail that the organization has the the eligibility criteria will not be FY 2018 the approved but unfunded current staffing and expertise to address referred to the ORC. The applicant will application may be re-considered by the each of the program activities. If current be notified via email of this decision by awarding program office for possible capacity does not exist please describe the Grants Management Officer of the funding. The applicant will also receive the actions that the TEC will take to DGM. Applicants will be notified by an Executive Summary Statement from fulfill this gap within a specified DGM, via email, regarding minor the IHS program office within 30 days missing components (i.e., budget timeline. (10 points) of the conclusion of the ORC. • narratives, audit documentation, key Demonstrate Tribal willingness to Note: Any correspondence other than the work with TEC on RMSF prevention contact form) needed for an otherwise complete application. All missing official NoA signed by an IHS Grants efforts. (5 points) documents must be sent to DGM on or Management Official announcing to the • Demonstrate that the TEC has project director that an award has been made before the due date listed in the email previous successful experience to their organization is not an authorization of notification of missing documents providing technical or programmatic to implement their program on behalf of IHS. required. support to Tribal communities. (5 To obtain a minimum score for 2. Administrative Requirements points) funding by the ORC, applicants must E. Categorical Budget and Budget address all program requirements and Cooperative agreements are Justification (5 Points) provide all required documentation. administered in accordance with the following regulations and policies: • Provide a detailed budget and VI. Award Administration Information A. The criteria as outlined in this accompanying narrative to explain the 1. Award Notices program announcement. activities being considered and how they are related to proposed program The Notice of Award (NoA) is a B. Administrative Regulations for objectives. (5 points) legally binding document signed by the Grants: Grants Management Officer and serves • Uniform Administrative Multi-Year Project Requirements as the official notification of the grant Requirements for HHS Awards, located Projects requiring a second, or third award. The NoA will be initiated by the at 45 CFR part 75. year must include a brief project DGM in our grant system, C. Grants Policy: narrative and budget (one additional GrantSolutions (https:// • HHS Grants Policy Statement, page per year) addressing the www.grantsolutions.gov). Each entity Revised 01/07. that is approved for funding under this developmental plans for each additional D. Cost Principles: announcement will need to request or year of the project. • have a user account in GrantSolutions Uniform Administrative Additional Documents Can Be in order to retrieve their NoA. The NoA Requirements for HHS Awards, ‘‘Cost Uploaded as Appendix Items in is the authorizing document for which Principles,’’ located at 45 CFR part 75, Grants.gov funds are dispersed to the approved subpart E. • Work plan, logic model and/or time entities and reflects the amount of E. Audit Requirements: line for proposed objectives. Federal funds awarded, the purpose of • Uniform Administrative • Position descriptions for key staff. the grant, the terms and conditions of Requirements for HHS Awards, ‘‘Audit • Resumes of key staff that reflect the award, the effective date of the Requirements,’’ located at 45 CFR part current duties. award, and the budget or project period. 75, subpart F.

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3. Indirect Costs budget period ends. These reports must additional award applicability This section applies to all grant include a brief comparison of actual information, visit the DGM Grants recipients that request reimbursement of accomplishments to the goals Policy website at http://www.ihs.gov/ indirect costs (IDC) in their grant established for the period, a summary of dgm/policytopics/. progress to date or, if applicable, application. In accordance with HHS D. Compliance With Executive Order provide sound justification for the lack Grants Policy Statement, Part II–27, IHS of progress, and other pertinent 13166 Implementation of Services requires applicants to obtain a current information as required. A final report Accessibility Provisions for All Grant IDC rate agreement prior to award. The must be submitted within 90 days of the Application Packages and Funding rate agreement must be prepared in expiration of the period of performance. Opportunity Announcements accordance with the applicable cost principles and guidance as provided by B. Financial Reports Recipients of Federal financial the cognizant agency or office. A current Federal Financial Report (FFR or SF– assistance (FFA) from HHS must rate covers the applicable grant 425), Cash Transaction Reports are due administer their programs in activities under the current award’s 30 days after the close of every calendar compliance with Federal civil rights budget period. If the current rate is not quarter to the Payment Management law. This means that recipients of HHS on file with the DGM at the time of Services, HHS at https://pms.psc.gov. It funds must ensure equal access to their award, the IDC portion of the budget is recommended that the applicant also programs without regard to a person’s will be restricted. The restrictions send a copy of the FFR (SF–425) report race, color, national origin, disability, remain in place until the current rate is to the Grants Management Specialist. age and, in some circumstances, sex and provided to the DGM. Failure to submit timely reports may religion. This includes ensuring your Generally, IDC rates for IHS grantees cause a disruption in timely payments programs are accessible to persons with are negotiated with the Division of Cost to the organization. limited English proficiency. HHS Allocation (DCA) https://rates.psc.gov/ Grantees are responsible and provides guidance to recipients of FFA and the Department of Interior (Interior accountable for accurate information on meeting their legal obligation to take Business Center) https://www.doi.gov/ being reported on all required reports: reasonable steps to provide meaningful ibc/services/finance/indirect-Cost- The Progress Reports and Federal access to their programs by persons with Services/indian-tribes. For questions Financial Report. limited English proficiency. Please see regarding the indirect cost policy, please http://www.hhs.gov/civil-rights/for- C. Federal Sub-Award Reporting System call the Grants Management Specialist individuals/special-topics/limited- (FSRS) listed under ‘‘Agency Contacts’’ or the english-proficiency/guidance-federal- main DGM office at (301) 443–5204. This award may be subject to the financial-assistance-recipients-title-VI/. Transparency Act sub-award and 4. Reporting Requirements The HHS Office for Civil Rights (OCR) executive compensation reporting also provides guidance on complying The grantee must submit required requirements of 2 CFR part 170. with civil rights laws enforced by HHS. reports consistent with the applicable The Transparency Act requires the Please see http://www.hhs.gov/civil- deadlines. Failure to submit required OMB to establish a single searchable rights/for-individuals/section-1557/ reports within the time allowed may database, accessible to the public, with index.html; and http://www.hhs.gov/ result in suspension or termination of information on financial assistance civil-rights/index.html. Recipients of an active grant, withholding of awards made by Federal agencies. The FFA also have specific legal obligations additional awards for the project, or Transparency Act also includes a for serving qualified individuals with other enforcement actions such as requirement for recipients of Federal disabilities. Please see http:// withholding of payments or converting grants to report information about first- www.hhs.gov/civil-rights/for- to the reimbursement method of tier sub-awards and executive individuals/disability/index.html. payment. Continued failure to submit compensation under Federal assistance Please contact the HHS OCR for more required reports may result in one or awards. both of the following: (1) The IHS has implemented a Term of information about obligations and imposition of special award provisions; Award into all IHS Standard Terms and prohibitions under Federal civil rights and (2) the non-funding or non-award of Conditions, NoAs and funding laws at https://www.hhs.gov/ocr/about- other eligible projects or activities. This announcements regarding the FSRS us/contact-us/index.html or call (800) requirement applies whether the reporting requirement. This IHS Term of 368–1019 or TDD (800) 537–7697. Also delinquency is attributable to the failure Award is applicable to all IHS grant and note it is an HHS Departmental goal to of the grantee organization or the cooperative agreements issued on or ensure access to quality, culturally individual responsible for preparation after October 1, 2010, with a $25,000 competent care, including long-term of the reports. Per DGM policy, all sub-award obligation dollar threshold services and supports, for vulnerable reports are required to be submitted met for any specific reporting period. populations. For further guidance on electronically by attaching them as a Additionally, all new (discretionary) providing culturally and linguistically ‘‘Grant Note’’ in GrantSolutions. IHS awards (where the period of appropriate services, recipients should Personnel responsible for submitting performance is made up of more than review the National Standards for reports will be required to obtain a login one budget period) and where: (1) The Culturally and Linguistically and password for GrantSolutions. Please period of performance start date was Appropriate Services in Health and see the Agency Contacts list in Section October 1, 2010 or after, and (2) the Health Care at https:// VII for the systems contact information. primary awardee will have a $25,000 minorityhealth.hhs.gov/omh/browse. The reporting requirements for this sub-award obligation dollar threshold aspx?lvl=2&lvlid=53. program are noted below. during any specific reporting period Pursuant to 45 CFR 80.3(d), an will be required to address the FSRS individual shall not be deemed A. Progress Reports reporting. subjected to discrimination by reason of Program progress reports are required For the full IHS award term his or her exclusion from benefits annually, within 30 days after the implementing this requirement and limited by Federal law to individuals

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eligible for benefits and services from violations potentially affecting the and contract recipients to provide a the IHS. Federal award. 45 CFR 75.113. smoke-free workplace and promote the Recipients will be required to sign the Disclosures must be sent in writing to: non-use of all tobacco products. In HHS–690 Assurance of Compliance U.S. Department of Health and Human addition, Public Law 103–227, the Pro- form which can be obtained from the Services, Indian Health Service, Children Act of 1994, prohibits smoking following website: http://www.hhs.gov/ Division of Grants Management, ATTN: in certain facilities (or in some cases, sites/default/files/forms/hhs-690.pdf, Robert Tarwater, Director, 5600 Fishers any portion of the facility) in which and send it directly to the: U.S. Lane, Mail Stop: 09E70, Rockville, MD regular or routine education, library, Department of Health and Human 20857. day care, health care, or early childhood Services, Office of Civil Rights, 200 (Include ‘‘Mandatory Grant development services are provided to Independence Ave. SW, Washington, Disclosures’’ in subject line) children. This is consistent with the DC 20201. Office: (301) 443–5204. HHS mission to protect and advance the Fax: (301) 594–0899. E. Federal Awardee Performance and physical and mental health of the Email: [email protected]. Integrity Information System (FAPIIS) American people. The IHS is required to review and AND Dated: August 9, 2018. consider any information about the U.S. Department of Health and Michael D. Weahkee, applicant that is in the Federal Awardee Human Services, Office of Inspector Assistant Surgeon General, U.S. Public Health Performance and Integrity Information General, ATTN: Mandatory Grant Service, Acting Director, Indian Health System (FAPIIS) before making any Disclosures, Intake Coordinator, 330 Service. award in excess of the simplified Independence Avenue SW, Cohen [FR Doc. 2018–17515 Filed 8–14–18; 8:45 am] acquisition threshold (currently Building, Room 5527, Washington, DC BILLING CODE 4165–16–P $150,000) over the period of 20201, URL: http://oig.hhs.gov/fraud/ performance. An applicant may review report-fraud/index.asp. and comment on any information about (Include ‘‘Mandatory Grant DEPARTMENT OF HEALTH AND itself that a Federal awarding agency Disclosures’’ in subject line) HUMAN SERVICES previously entered. IHS will consider Fax: (202) 205–0604 (Include Indian Health Service any comments by the applicant, in ‘‘Mandatory Grant Disclosures’’ in addition to other information in FAPIIS subject line) or Division of Epidemiology and Disease in making a judgment about the Email: Prevention; Epidemiology Program for applicant’s integrity, business ethics, MandatoryGranteeDisclosures@ American Indian/Alaska Native Tribes and record of performance under oig.hhs.gov. and Urban Indian Communities Federal awards when completing the Failure to make required disclosures review of risk posed by applicants as can result in any of the remedies Announcement Type: Competing described in 45 CFR 75.205. described in 45 CFR 75.371. Remedies Supplement As required by 45 CFR part 75 for noncompliance, including Funding Announcement Number: HHS– Appendix XII of the Uniform Guidance, suspension or debarment (See 2 CFR 2018–IHS–EPI–0001 non-federal entities (NFEs) are required parts 180 and 376 and 31 U.S.C. 3321). Catalog of Federal Domestic Assistance to disclose in FAPIIS any information Number: 93.231 VII. Agency Contacts about criminal, civil, and administrative Key Dates proceedings, and/or affirm that there is 1. Questions on the programmatic no new information to provide. This issues may be directed to: Lisa C. Neel, Application Deadline Date: September applies to NFEs that receive Federal Public Health Advisor, Office of Public 12, 2018 Health Support, Division of Review Date: September 14–18, 2018 awards (currently active grants, Earliest Anticipated Start Date: Epidemiology & Disease Prevention, cooperative agreements, and September 30, 2018 procurement contracts) greater than Indian Health Service, 5600 Fishers $10,000,000 for any period of time Lane, Mailstop: 09E17B, Rockville, MD I. Funding Opportunity Description 20857, Phone: (301) 443–4305, EMail: during the period of performance of an Statutory Authority award/project. [email protected]. 2. Questions on grants management The Indian Health Service (IHS) Mandatory Disclosure Requirements and fiscal matters may be directed to: Office of Public Health Support, As required by 2 CFR part 200 of the John Hoffman, Senior Grants Division of Epidemiology and Disease Uniform Guidance, and the HHS Management Specialist, 5600 Fishers Prevention (DEDP), is accepting implementing regulations at 45 CFR part Lane, Mail Stop: 09E70, Rockville, MD applications for cooperative agreement 75, effective January 1, 2016, the IHS 20857, Phone: (301) 443–2116, Fax: for competitive supplemental funds to must require a non-Federal entity or an (301) 594–0899, Email: John.Hoffman@ enhance activities in the Epidemiology applicant for a Federal award to ihs.gov. Program for American Indian/Alaska disclose, in a timely manner, in writing 3. Questions on systems matters may Native (AI/AN) Tribes and Urban Indian to the IHS or pass-through entity all be directed to: Paul Gettys, Grant communities. This program is violations of Federal criminal law Systems Coordinator, 5600 Fishers authorized under: Section 317(k)(2) of involving fraud, bribery, or gratuity Lane, Mail Stop: 09E70, Rockville, MD the Public Health Service Act (42 U.S.C. violations potentially affecting the 20857, Phone: (301) 443–2114; or the Section 247b(k)), as amended. Funding Federal award. DGM main line (301) 443–5204, Fax: for this award will be provided by: The Submission is required for all (301) 594–0899, EMail: Paul.Gettys@ Centers for Disease Control and applicants and recipients, in writing, to ihs.gov. Prevention’s (CDC) National Center for the IHS and to the HHS Office of Chronic Disease Prevention and Health Inspector General all information VIII. Other Information Promotion. The authorities will be related to violations of Federal criminal The Public Health Service strongly exercised by CDC and through an Intra- law involving fraud, bribery, or gratuity encourages all cooperative agreement Departmental Delegation of Authority

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(IDDA) with IHS to create a Center for Chronic Disease Prevention the Gathering of Native Americans supplemental funding opportunity for and Health Promotion, the Division of (GONA) teaching methods. Tribal Epidemiology Centers. The Cancer Prevention and Control (DCPC) Limited Competition Justification administration will be carried out works with national organizations, state through an Intra-agency Agreement and Tribal health agencies, and other The IHS enters into cooperative (IAA) between CDC and IHS. This key groups to develop, implement, and agreements with TECs under the program is described in the Catalog of promote effective strategies for authority of Section 214(a)(1) of the Federal Domestic Assistance (CFDA) preventing and controlling cancer. Indian Health Care Improvement Act, under 93.231. Public Law 94–437, as amended by Purpose Public Law 102–573. Tribal Background The National Center for Chronic Epidemiology Centers carry out a list of The Tribal Epidemiology Center (TEC) Disease Prevention and Health functions specified in statute. These program was authorized by Congress in Promotion will be supporting two functions include data collection and 1998 as a way to provide public health activities with funding from DCPC. The analysis; evaluation of existing delivery support to multiple Tribes and Urban first, Colorectal Cancer Screening systems, data systems, and other Indian communities in each of the IHS Among AI/AN with Diabetes, seeks to systems that impact the improvement of Areas. Only current TEC grantees are reduce a diabetes-linked cancer health Indian health; making recommendations eligible to apply for the competing disparity experienced by the AI/AN for the targeting of services; and supplemental funding under this population. This population provision of requested technical announcement and must demonstrate experiences the highest rates of diabetes assistance to Indian Tribes, Tribal that they have complied with previous in the United States. Despite the recent organizations, and Urban Indian terms and conditions of the TEC identification of diabetes as a significant organizations [25 U.S.C. 1621m(b)]. program. risk factor for colorectal cancer (CRC), Other organizations do not have the TECs are uniquely positioned within screening rates remain poor in the capacity to provide this support. With Tribes, Tribal and Urban Indian diabetic population. Consequently, respect to access to information, TECs organizations to conduct disease there is a critical need for effective are treated as public health authorities surveillance, research, prevention and intervention that promotes both CRC for the purposes of the Health Insurance control of disease, injury, or disability, risk awareness and screening among AI/ Portability and Accountability Act of and to assess the effectiveness of AI/AN ANs with diabetes. 1996 (Pub L. 104–191). Unlike their public health programs. Positioned The second National Center for counterparts, they have no (or little) uniquely within Tribes and Tribal or Chronic Disease Prevention and Health funding from their jurisdictional Urban Organizations, TECs are able to Promotion activity, Annual Cancer governments to perform these public conduct disease surveillance, research, Survivorship Group Leadership functions. prevention and control of disease, Training, seeks to increase cancer The IHS and the CDC have injury, or disability. This allows them to survivor support group leadership in determined that the TECs provide the assess the effectiveness of AI/AN public AI/AN communities. most effective approach to strengthen health programs. In addition, they can This cooperative agreement is to public health capacity to support Tribes, fill gaps in data needed for the relevant support the following National Center Tribal organizations, and Urban Indian Government Performance and Results for Chronic Disease Prevention and organizations, in identifying relevant Act and Healthy People 2020 measures. Health Promotion activities: health status indicators and priorities Some of the existing TECs have already (a) Colorectal Cancer Screening using sound epidemiologic principles. developed innovative strategies to Among AI/AN with Diabetes. monitor the health status of Tribes and i. Develop a culturally grounded, II. Award Information Urban Indian communities, including multilevel intervention to communicate Type of Award the development of Tribal health CRC risk and prevention information to registries and use of sophisticated AI/AN men and women over age 50 Cooperative Agreement. record linkage computer software to who have diabetes. Estimated Funds Available correct existing state data sets for racial ii. Determine effectiveness of misclassification. Tribal Epidemiology colorectal cancer screening through The total amount of funding Centers work in partnership with IHS direct mailing fecal immunochemical identified for the current fiscal year (FY) DEDP to provide a more accurate test (FIT) kits to AI/AN patients with 2018 is approximately $220,000. An national picture of Indian health status. diabetes. estimated $135,000 will be awarded for To further the goals of the partnership, iii. Develop a plan to embed CRC the National Center for Chronic Disease a new CDC funding opportunity will be control initiatives within established Prevention and Health Promotion made available to TECs to implement diabetes management systems at Indian Colorectal Cancer Screening Among cancer projects in Indian Country, Health Service/Tribal health facilities. American Indians with Diabetes designed to help decrease these (b) Annual Cancer Survivorship activities, and, a total of $85,000 will be disparities and lessen the burden of Leadership Training. awarded for the National Center for cancer in this population. For i. Organize and implement at least Chronic Disease Prevention and Health administrative purposes, this new two, three-day cancer support Promotion Annual Cancer Survivorship funding opportunity will be packaged leadership trainings for 15–25 AI/AN Group Leadership Trainings. Individual with the existing IHS cooperative participants, nationally. The training award amounts are anticipated to be agreements. will be designed to give participants a between $85,000 and $220,000. The The mission of the CDC National unique opportunity to work together in amount of funding available for Center for Chronic Disease Prevention a safe, supportive environment to learn competing and continuation awards and Health Promotion is to help people and practice skills to help people issued under this announcement are and communities prevent chronic affected by cancer in their communities. subject to the availability of diseases and promote health and The training will be based on the model, appropriations and budgetary priorities wellness for all. Within the National A Gathering of Cancer Support, using of the CDC. The IHS is under no

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obligation to make awards that are B. Grantee Cooperative Agreement III. Eligibility Information selected for funding under this Award Activities 1. Eligibility announcement. (1) Provide a work plan to accomplish Only current TEC grantees are eligible tasks described under National Center Anticipated Number of Awards to apply for the competing for Chronic Disease Prevention and supplemental funding under this Approximately two awards will be Health Promotion Activities in the announcement and must demonstrate issued under this program Purpose section. that they have complied with previous announcement. (2) Succinctly and independently terms and conditions of the TEC address and report on the requirements Period of Performance program. for each funding stream awarded under The period of performance is for three Recipient Activities. Specifically: Note: Please refer to Section IV.2 years and will run consecutively from (i) Colorectal Cancer Screening (Application and Submission Information/ September 30, 2018 to September 29, Among American Indians with Diabetes. Subsection 2, Content and Form of 2021. (a) Submit documentation of approval Application Submission) for additional proof of applicant status documents required, such for the study/project from all necessary Cooperative Agreement as proof of non-profit status, etc. Institutional Review Boards (IRBs) Cooperative agreements awarded by including IHS, CDC, and Tribal (if 2. Cost Sharing or Matching the Department of Health and Human applicable) prior to initiation of any The IHS does not require matching Services (HHS) are administered under study involving human subjects. funds or cost sharing for grants or the same policies as a grant. However, (b) Coordinate testing of an cooperative agreements. the funding agency (CDC) is required to innovative, multilevel intervention to have substantial programmatic promote fecal immunochemical testing 3. Other Requirements (FIT) among American Indian men and involvement in the project during the If application budgets exceed the entire award segment. Below is a women of or over age 50 who have diabetes. highest dollar amount outlined under detailed description of the level of the Estimated Funds Available section involvement required for both the CDC (c) Coordinate testing of the intervention model for feasibility and within this funding announcement, the and the grantee. The CDC, per the MOU application will be considered ineligible between the IHS and the CDC, will be effectiveness to be carried out by four Tribal health programs, should such and will not be reviewed for further responsible for activities listed under consideration. If deemed ineligible, IHS section A and the grantee will be programs agree to participate. (ii) Annual Cancer Survivorship will not return the application. The responsible for activities listed under applicant will be notified by email by section B as stated: Group Leadership Training. (a) Work plan must include the the Division of Grants Management Substantial Involvement Description for training objectives, trainers, and the (DGM) of this decision. Cooperative Agreement utilization of GONA training methods. IV. Application and Submission A. CDC Programmatic Involvement The work plan must include an outline Information of outreach efforts to Tribal (1) Provide funded TECs with ongoing communities across the United States, 1. Obtaining Application Materials consultation and technical assistance to not just with the TEC’s catchment area. The application package and detailed plan, implement, and evaluate each The following should also be considered instructions for this announcement can component as described under when planning the training: be found at http://www.Grants.gov or Recipient Activities. Consultation and • Based on a grassroots approach, an http://www.ihs.gov/dgm/funding/. technical assistance may include, but order of preference for Tribal Questions regarding the electronic not be limited to, the following areas: community members attending the application process may be directed to (i) Interpretation of current scientific training would be cancer survivors, Mr. Paul Gettys at (301) 443–2114 or literature related to epidemiology, family members of cancer survivors, (301) 443–5204. statistics, surveillance, and other public Tribal health care workers, and others. The selection will be further based on 2. Content and Form Application health issues; Submission (ii) Technical Assistance on the the intention of the attendee and their The applicant must include the design and implementation of each plans for use of the training in their project narrative as an attachment to the program component such as community. • To establish cancer support services application package. Mandatory surveillance, epidemiologic analysis, in the Tribal community, it is suggested documents for all applicants include: outbreak investigation, development of that two people from the same • Table of contents. epidemiologic studies, development of community attend the training together • Abstract (one page) summarizing disease control programs, and to assist each other in the future. the project. coordination of activities; and • To reach as many Tribal • Application forms: (iii) Technical Assistance on overall communities and members as possible, Æ SF–424, Application for Federal operational planning and program each training should be limited to new Assistance. management. participants. Æ SF–424A, Budget Information— (2) Conduct routine site visits to TECs • Submit report describing the Non-Construction Programs. and/or coordinate TEC visits to IHS number of trainings that were Æ SF–424B, Assurances—Non- headquarters in order to assess work conducted and how many participants Construction Programs. plans and ensure data security, confirm attended each training. • Budget Justification and Narrative compliance with applicable laws and • Submit registration forms of (must be single-spaced and not exceed regulations, assess program activities, attendees and their contact information 5 pages). and to mutually resolve problems, as for use in updating list of previous • Project Narrative (must be single- needed. attendees. spaced and not exceed 10 pages).

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Æ Background information on the There are three parts to the narrative: Cooperative Agreement Award organization. Part A—Program Information; Part B— Activities. They must explain the Æ Proposed scope of work, objectives, Program Planning and Evaluation; and methodology that will be used to and activities that provide a description Part C—Program Report. See below for determine if the needs identified for the of what will be accomplished, including additional details about what must be objectives are being met and if the a one-page Timeframe Chart. included in the narrative. outcomes identified are being achieved • Letters of Support from The page limitations below are for and describe how evaluation findings organization’s Board of Directors. each narrative and budget submitted. will be disseminated to stakeholders. • 501(c)(3) Certificate (if applicable). • Biographical sketches for all Key Part A: Program Information (3 Pages) Part C: Program Report (2 Pages) Personnel. Section 1: Introduction and Need for Section 1: Describe your • Contractor or Consultant resumes or Assistance organization’s significant program qualifications and scope of work. Must include the applicant’s activities and accomplishments over the • Disclosure of Lobbying Activities background information, a description past five years associated with the goals (SF–LLL). of epidemiological service, of this announcement. • Certification Regarding Lobbying epidemiological capacity and history of Section 2: Describe major activities (GG-Lobbying Form). • support for such activities. Applicants over the last 24 months related to Copy of current Negotiated Indirect conducting applied research projects, Cost rate (IDC) agreement (required in need to include current public health activities, what program services are training community health order to receive IDC). representatives, implementing quality • Organizational Chart (optional). currently being provided, and improvement initiatives in IHS or Tribal • Documentation of current Office of interactions with other public health healthcare facilities, and/or organizing Management and Budget (OMB) authorities in the region (state, local, or cancer survivor group leadership Financial Audit (if applicable). Tribal). trainings. Acceptable forms of documentation Section 2: Organizational Capabilities include: B. Budget Narrative (5 Pages) Æ Email confirmation from Federal The applicant must describe staff Audit Clearinghouse (FAC) that audits capabilities or hiring plans for the key This narrative must include a line were submitted; or personnel with appropriate expertise in item budget with a narrative Æ Face sheets from audit reports. epidemiology, health sciences, and justification for all expenditures These can be found on the FAC website: program management. The applicant identifying reasonable allowable, https://harvester.census.gov/facdissem/ must also demonstrate access to allocable costs necessary to accomplish Main.aspx. specialized expertise such as a doctoral the goals and objectives as outlined in level epidemiologist and/or a the project narrative. Budget should Public Policy Requirements biostatistician. Applicants must include match the scope of work described in All Federal-wide public policies an organizational chart, and provide the project narrative. position descriptions and biographical apply to IHS grants and cooperative 3. Submission Dates and Times agreements with exception of the sketches of key personnel including Discrimination policy. consultants or contractors. The position Applications must be submitted description should clearly describe each electronically through Grants.gov by Requirements for Project and Budget position and its duties. Resume should 11:59 p.m. Eastern Daylight Time (EDT) Narratives indicate that proposed staff is qualified on the Application Deadline Date listed A. Project Narrative: This narrative to carry out the project activities. in the Key Dates section on page one of this announcement. Any application should be a separate Word document Section 3: User Population that is no longer than 10 pages and received after the application deadline must: Be single-spaced, type written, The number of AI/ANs served must will not be accepted for processing, nor have consecutively numbered pages, use be substantiated by documentation will it be given further consideration for black type not smaller than 12 points, describing IHS user populations, United funding. Grants.gov will notify the and be printed on one side only of States Census Bureau data, clinical applicant via email if the application is standard size 81⁄2″ × 11″ paper. catchment data, or any method that is rejected. Be sure to succinctly answer all scientifically and epidemiologically If technical challenges arise and questions listed under the evaluation valid. assistance is required with the criteria (refer to Section V.1, Evaluation Part B: Program Planning and electronic application process, contact criteria in this announcement) and place Evaluation (5 Pages) Grants.gov Customer Support via email all responses and required information to [email protected] or at (800) 518– in the correct section (noted below), or Section 1: Program Plans 4726. Customer Support is available to they will not be considered or scored. Applicant must include a workplan address questions 24 hours a day, 7 days These narratives will assist the that describes program goals, objectives, a week (except on Federal holidays). If Objective Review Committee (ORC) in activities, timeline, and responsible problems persist, contact Mr. Gettys becoming familiar with the applicant’s person for carrying out the objectives/ ([email protected]), DGM Grant activities and accomplishments prior to activities. The applicant must specify Systems Coordinator, by telephone at this possible cooperative agreement which activities listed under the (301) 443–2114 or (301) 443–5204. award. If the narrative exceeds the page Grantee Cooperative Agreement Award Please contact Mr. Gettys at least ten limit, only the first 10 pages will be Activities are proposed. days prior to the application deadline. reviewed. The 10-page limit for the Please do not contact the DGM until you narrative does not include the work Section 2: Program Evaluation have received a Grants.gov tracking plan, standard forms, table of contents, Applicant must define the criteria to number. In the event you are not able budget, budget justifications, narratives, be used to evaluate activities listed in to obtain a tracking number, call the and/or other appendix items. the workplan under the Grantee DGM as soon as possible.

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4. Intergovernmental Review System for Award Management (SAM) there is no charge. To obtain a DUNS Executive Order 12372 requiring and/or http://www.Grants.gov number, you may access it through intergovernmental review is not registration or that fail to request timely http://fedgov.dnb.com/webform, or to applicable to this program. assistance with technical issues will not expedite the process, call (866) 705– be considered for a waiver to submit a 5711. 5. Funding Restrictions paper application. All HHS recipients are required by the • Pre-award costs are not allowable. Please be aware of the following: Federal Funding Accountability and • The available funds are inclusive of • Please search for the application Transparency Act of 2006, as amended direct and appropriate indirect costs. package in http://www.Grants.gov by (‘‘Transparency Act’’), to report • Only one grant/cooperative entering the CFDA number or the information on sub-awards. agreement will be awarded per Funding Opportunity Number. Both Accordingly, all IHS grantees must applicant. numbers are located in the header of notify potential first-tier sub-recipients • IHS will not acknowledge receipt of this announcement. that no entity may receive a first-tier applications. • If you experience technical sub-award unless the entity has challenges while submitting your provided its DUNS number to the prime 6. Electronic Submission Requirements application electronically, please grantee organization. This requirement All applications must be submitted contact Grants.gov Support directly at: ensures the use of a universal identifier electronically. Please use the http:// [email protected] or (800) 518–4726. to enhance the quality of information www.Grants.gov website to submit an Customer Support is available to available to the public pursuant to the application electronically and select the address questions 24 hours a day, 7 days Transparency Act. ‘‘Search Grants’’ link on the homepage. a week (except on Federal holidays). System for Award Management (SAM) Follow the instructions for submitting • Upon contacting Grants.gov, obtain an application under the Package tab. a tracking number as proof of contact. Organizations that were not registered Electronic copies of the application may The tracking number is helpful if there with Central Contractor Registration and not be submitted as attachments to are technical issues that cannot be have not registered with SAM will need email messages addressed to IHS resolved and a waiver from the agency to obtain a DUNS number first and then employees or offices. must be obtained. access the SAM online registration • through the SAM home page at https:// Waiver Request Applicants are strongly encouraged not to wait until the deadline date to www.sam.gov (U.S. organizations will If the applicant needs to submit a begin the application process through also need to provide an Employer paper application instead of submitting Grants.gov as the registration process for Identification Number from the Internal electronically through Grants.gov, a SAM and Grants.gov could take up to Revenue Service that may take an waiver must be requested. Prior fifteen working days. additional 2–5 weeks to become active). approval must be requested and • Please use the optional attachment Completing and submitting the obtained from Mr. Robert Tarwater, feature in Grants.gov to attach registration takes approximately one Director, DGM, (see Section IV.6 below additional documentation that may be hour to complete and SAM registration for additional information). A written requested by the DGM. will take 3–5 business days to process. waiver request must be sent to • All applicants must comply with Registration with the SAM is free of [email protected] with a copy to any page limitation requirements charge. Applicants may register online [email protected]. The waiver described in this funding at https://www.sam.gov. must: (1) Be documented in writing announcement. Additional information on (emails are acceptable), before • After electronically submitting the implementing the Transparency Act, submitting a paper application, and (2) application, the applicant will receive including the specific requirements for include clear justification for the need an automatic acknowledgment from DUNS and SAM, can be found on the to deviate from the required electronic Grants.gov that contains a Grants.gov IHS Grants Management, Grants Policy grants submission process. tracking number. The DGM will website: http://www.ihs.gov/dgm/ Once the waiver request has been download the application from policytopics/. approved, the applicant will receive a Grants.gov and provide necessary copies V. Application Review Information confirmation of approval email to the appropriate agency officials. containing submission instructions and Neither the DGM nor the Division of The instructions for preparing the the mailing address to submit the Epidemiology and Disease Prevention application narrative also constitute the application. A copy of the written will notify the applicant that the evaluation criteria for reviewing and approval must be submitted along with application has been received. scoring the application. Weights the hardcopy of the application that is • Email applications will not be assigned to each section are noted in mailed to DGM. Paper applications that accepted under this announcement. parentheses. The 10 page narrative are submitted without a copy of the should include only the first year of signed waiver from the Director of the Dun and Bradstreet (D&B) Data activities; information for multi-year DGM will not be reviewed or considered Universal Numbering System (DUNS) projects should be included as an for funding. The applicant will be All IHS applicants and grantee appendix. See ‘‘Multi-year Project notified via email of this decision by the organizations are required to obtain a Requirements’’ at the end of this section Grants Management Officer of the DGM. DUNS number and maintain an active for more information. The narrative Paper applications must be received by registration in the SAM database. The section should be written in a manner the DGM no later than 5:00 p.m., EDT, DUNS number is a unique 9-digit that is clear to outside reviewers on the Application Deadline Date listed identification number provided by D&B unfamiliar with prior related activities in the Key Dates section on page one of which uniquely identifies each entity. of the applicant. It should be well this announcement. Late applications The DUNS number is site specific; organized, succinct, and contain all will not be accepted for processing or therefore, each distinct performance site information necessary for reviewers to considered for funding. Applicants that may be assigned a DUNS number. understand the project fully. Points will do not adhere to the timelines for Obtaining a DUNS number is easy, and be assigned to each evaluation criteria

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adding up to a total of 100 points. A (2) Explain the methodology that will Additional Documents Can be Uploaded minimum score of 65 points is required be used to determine if the needs as Appendix Items in Grants.gov for funding. Points are assigned as identified for the objectives are being • Work plan, logic model and/or time follows: met and if the outcomes identified are line for proposed objectives. being achieved. 1. Criteria • Position descriptions for key staff. (3) Describe how evaluation findings • Resumes of key staff that reflect A. Introduction and Need for Assistance will be disseminated to stakeholders, current duties. (25 Points) including the Indian Health Service. • Consultant or contractor proposed (1) Describe the applicant’s current D. Organizational Capabilities, Key scope of work and letter of commitment public health activities, including Personnel and Qualifications (15 Points) (if applicable). • programs or services currently provided, Current Indirect Cost Agreement. (1) Explain both the management and • interactions with other public health Organizational chart. administrative structure of the • Map of area identifying project authorities in the regions (state, local, or organization including documentation Tribal) and how long the organization location(s). of current certified financial • Additional documents to support has been operating. Specifically management systems from the Bureau of describe the organization’s current narrative (i.e., data tables, key news Indian Affairs, IHS, or a Certified Public articles, etc.). capacity to conduct applied research Accountant and an updated projects, train community health organizational chart (include in 2. Review and Selection representatives, implement quality appendix). Each application will be prescreened improvement initiatives, and/or (2) Describe the ability of the by the DGM staff for eligibility and organize cancer survivor group organization to manage a program of the completeness as outlined in the funding leadership trainings and provide proposed scope. announcement. Applications that meet examples of implementing these (3) Provide position descriptions and the eligibility criteria shall be reviewed activities. biographical sketches of key personnel, for merit by the ORC based on (2) Provide a physical location of the including those of consultants or evaluation criteria in this funding TEC and area to be served by the contractors in the Appendix. Position announcement. The ORC could be proposed program including a map descriptions should very clearly composed of both Tribal and Federal (include the map in the attachments), describe each position and its duties, reviewers appointed by the IHS Program and specifically describe the office indicating desired qualification and to review and make recommendations space and how it is going to be paid for. experience requirements related to the on these applications. The technical (3) Describe the applicant’s user project. Resumes should indicate that review process ensures selection of population. The applicant must the proposed staff is qualified to carry quality projects in a national demonstrate AI/ANs will be served and out the project activities. Applicants competition for limited funding. must be substantiated by documentation with expertise in epidemiology will Incomplete applications and describing IHS user populations, United receive priority. applications that are non-responsive to States Census Bureau data, clinical the eligibility criteria will not be catchment data, or any method that is E. Categorical Budget and Budget referred to the ORC. The applicant will scientifically and epidemiologically Justification (5 Points) be notified via email of this decision by valid. (1) The five points for Categorical the Grants Management Officer of the B. Project Objective(s), Work Plan and Budget only applies to Year 1. Provide DGM. Applicants will be notified by Approach (45 Points) a line item budget and budget narrative DGM, via email, regarding minor for Year 1. missing components (i.e., budget (1) State in measurable and realistic (2) Provide a justification by line item terms the objectives and appropriate narratives, audit documentation, key in the budget including sufficient cost contact form) needed for an otherwise activities to achieve each objective for and other details to facilitate the the projects under the Substantial complete application. All missing determination of cost allowance and documents must be sent to DGM on or Involvement Description for relevance of these costs to the proposed Cooperative Agreement, Section B. before the due date listed in the email project. The funds requested should be of notification of missing documents Grantee Cooperative Agreement Award appropriate and necessary for the scope Activities located on page 8. required. of the project. To obtain a minimum score for (2) Identify the expected results, (3) If use of consultants or contractors funding by the ORC, applicants must benefits, and outcomes or products to be are proposed or anticipated, provide a address all program requirements and derived from each objective of the detailed budget and scope of work that provide all required documentation. project. clearly defines the deliverables or (3) Include a work-plan for each outcomes anticipated. VI. Award Administration Information objective that indicates when the (4) Applicant is encouraged to submit 1. Award Notices objectives and major activities will be a line item budget and budget narrative accomplished and who will conduct the by category for years 2–3 as an appendix The Notice of Award (NoA) is a activities. to show the three-year plan of the legally binding document signed by the proposal. Grants Management Officer and serves C. Program Evaluation (10 Points) as the official notification of the grant (1) Define the criteria to be used to Multi-Year Project Requirements award. The NoA will be initiated by the evaluate activities listed in the work- Projects requiring a second, or third DGM in our grant system, plan under the Substantial Involvement year must include a brief project GrantSolutions (https:// Description for Cooperative Agreement, narrative and budget (one additional www.grantsolutions.gov). Each entity Section B. Grantee Cooperative page per year) addressing the that is approved for funding under this Agreement Award Activities located on developmental plans for each additional announcement will need to request or page 8. year of the project. have a user account in GrantSolutions

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in order to retrieve their NoA. The NoA Principles,’’ located at 45 CFR part 75, see the Agency Contacts list in Section is the authorizing document for which subpart E. VII for the systems contact information. funds are dispersed to the approved E. Audit Requirements: The reporting requirements for this entities and reflects the amount of • Uniform Administrative program are noted below. Federal funds awarded, the purpose of Requirements for HHS Awards, ‘‘Audit A. Progress Reports the grant, the terms and conditions of Requirements,’’ located at 45 CFR part the award, the effective date of the 75, subpart F. Program progress reports are required award, and the budget and project annually, within 30 days after the period. 3. Indirect Costs budget period ends. These reports must include a brief comparison of actual Disapproved Applicants This section applies to all grant recipients that request reimbursement of accomplishments to the goals Applicants who received a score less indirect costs (IDC) in their grant established for the period, a summary of than the recommended funding level for application. In accordance with HHS progress to date or, if applicable, approval, 65, and were deemed to be Grants Policy Statement, Part II–27, IHS provide sound justification for the lack disapproved by the ORC, will receive an requires applicants to obtain a current of progress, and other pertinent Executive Summary Statement from the IDC rate agreement prior to award. The information as required. A final report IHS program office within 30 days of the rate agreement must be prepared in must be submitted within 90 days of the conclusion of the ORC outlining the accordance with the applicable cost expiration of the period of performance. strengths and weaknesses of their principles and guidance as provided by B. Financial Reports application. The summary statement the cognizant agency or office. A current Federal Financial Report (FFR or SF– will be sent to the Authorized rate covers the applicable grant Organizational Representative that is 425), Cash Transaction Reports are due activities under the current award’s 30 days after the close of every calendar identified on the face page (SF–424) of budget period. If the current rate is not the application. The IHS program office quarter to the Payment Management on file with the DGM at the time of Services, HHS at https://pms.psc.gov. It will also provide additional contact award, the IDC portion of the budget information as needed to address is recommended that the applicant also will be restricted. The restrictions send a copy of the FFR (SF–425) report questions and concerns as well as remain in place until the current rate is provide technical assistance if desired. to the Grants Management Specialist. provided to the DGM. Failure to submit timely reports may Approved But Unfunded Applicants Generally, IDC rates for IHS grantees cause a disruption in timely payments Approved but unfunded applicants are negotiated with the Division of Cost to the organization. that met the minimum scoring range Allocation (DCA) https://rates.psc.gov/ Grantees are responsible and and were deemed by the ORC to be and the Department of Interior (Interior accountable for accurate information ‘‘Approved,’’ but were not funded due Business Center) https://www.doi.gov/ being reported on all required reports: to lack of funding, will have their ibc/services/finance/indirect-Cost- The Progress Reports and Federal applications retained by DGM for a Services/indian-tribes. For questions Financial Report. period of one year. If additional funding regarding the indirect cost policy, please call the Grants Management Specialist C. Federal Sub-Award Reporting System becomes available during the course of (FSRS) FY 2018 the approved but unfunded listed under ‘‘Agency Contacts’’ or the application may be re-considered by the main DGM office at (301) 443–5204. This award may be subject to the awarding program office for possible 4. Reporting Requirements Transparency Act sub-award and funding. The applicant will also receive executive compensation reporting an Executive Summary Statement from The grantee must submit required requirements of 2 CFR part 170. the IHS program office within 30 days reports consistent with the applicable The Transparency Act requires the of the conclusion of the ORC. deadlines. Failure to submit required OMB to establish a single searchable reports within the time allowed may database, accessible to the public, with Note: Any correspondence other than the result in suspension or termination of information on financial assistance official NoA signed by an IHS grants an active grant, withholding of awards made by Federal agencies. The management official announcing to the additional awards for the project, or Transparency Act also includes a project director that an award has been made other enforcement actions such as to their organization is not an authorization requirement for recipients of Federal to implement their program on behalf of IHS. withholding of payments or converting grants to report information about first- to the reimbursement method of tier sub-awards and executive 2. Administrative Requirements payment. Continued failure to submit compensation under Federal assistance required reports may result in one or awards. Cooperative agreements are both of the following: (1) The IHS has implemented a Term of administered in accordance with the imposition of special award provisions; Award into all IHS Standard Terms and following regulations and policies: and (2) the non-funding or non-award of Conditions, NoAs and funding A. The criteria as outlined in this other eligible projects or activities. This announcements regarding the FSRS program announcement. B. Administrative Regulations for requirement applies whether the reporting requirement. This IHS Term of Grants: delinquency is attributable to the failure Award is applicable to all IHS grant and • Uniform Administrative of the grantee organization or the cooperative agreements issued on or Requirements for HHS Awards, located individual responsible for preparation after October 1, 2010, with a $25,000 at 45 CFR part 75. of the reports. Per DGM policy, all sub-award obligation dollar threshold C. Grants Policy: reports are required to be submitted met for any specific reporting period. • HHS Grants Policy Statement, electronically by attaching them as a Additionally, all new (discretionary) Revised 01/07. ‘‘Grant Note’’ in GrantSolutions. IHS awards (where the period of D. Cost Principles: Personnel responsible for submitting performance is made up of more than • Uniform Administrative reports will be required to obtain a login one budget period) and where: (1) The Requirements for HHS Awards, ‘‘Cost and password for GrantSolutions. Please period of performance start date was

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October 1, 2010 or after, and (2) the minorityhealth.hhs.gov/omh/ Submission is required for all primary awardee will have a $25,000 browse.aspx?lvl=2&lvlid=53. applicants and recipients, in writing, to sub-award obligation dollar threshold Pursuant to 45 CFR 80.3(d), an the IHS and to the HHS Office of during any specific reporting period individual shall not be deemed Inspector General all information will be required to address the FSRS subjected to discrimination by reason of related to violations of Federal criminal reporting. his or her exclusion from benefits law involving fraud, bribery, or gratuity For the full IHS award term limited by Federal law to individuals violations potentially affecting the implementing this requirement and eligible for benefits and services from Federal award. 45 CFR 75.113. additional award applicability the IHS. Recipients will be required to Disclosures must be sent in writing to: information, visit the DGM Grants sign the HHS–690 Assurance of U.S. Department of Health and Human Policy website at http://www.ihs.gov/ Compliance form which can be obtained Services, Indian Health Service, dgm/policytopics/. from the following website: http:// Division of Grants Management, Attn: www.hhs.gov/sites/default/files/forms/ Robert Tarwater, Director, 5600 Fishers D. Compliance With Executive Order hhs-690.pdf, and send it directly to the: Lane, Mail Stop: 09E70, Rockville, MD 13166 Implementation of Services U.S. Department of Health and Human 20857, (Include ‘‘Mandatory Grant Accessibility Provisions for All Grant Services, Office of Civil Rights, 200 Disclosures’’ in subject line). Office: Application Packages and Funding Independence Ave. SW, Washington, (301) 443–5204, Fax: (301) 594–0899, Opportunity Announcements DC 20201. Email: [email protected] AND Recipients of Federal financial E. Federal Awardee Performance and U.S. Department of Health and Human assistance (FFA) from HHS must Integrity Information System (FAPIIS) Services, Office of Inspector General, administer their programs in Attn: Mandatory Grant Disclosures, The IHS is required to review and Intake Coordinator, 330 Independence compliance with Federal civil rights consider any information about the law. This means that recipients of HHS Avenue SW, Cohen Building, Room applicant that is in the Federal Awardee 5527, Washington, DC 20201, URL: funds must ensure equal access to their Performance and Integrity Information programs without regard to a person’s http://oig.hhs.gov/fraud/report-fraud/ System (FAPIIS) before making any index.asp (Include ‘‘Mandatory Grant race, color, national origin, disability, award in excess of the simplified age and, in some circumstances, sex and Disclosures’’ in subject line). Fax: (202) acquisition threshold (currently 205–0604 (Include ‘‘Mandatory Grant religion. This includes ensuring your $150,000) over the period of programs are accessible to persons with Disclosures’’ in subject line) or Email: performance. An applicant may review MandatoryGranteeDisclosures@ limited English proficiency. HHS and comment on any information about provides guidance to recipients of FFA oig.hhs.gov. itself that a Federal awarding agency Failure to make required disclosures on meeting their legal obligation to take previously entered. IHS will consider can result in any of the remedies reasonable steps to provide meaningful any comments by the applicant, in described in 45 CFR 75.371. Remedies access to their programs by persons with addition to other information in FAPIIS for noncompliance, including limited English proficiency. Please see in making a judgment about the suspension or debarment (See 2 CFR http://www.hhs.gov/civil-rights/for- applicant’s integrity, business ethics, parts 180 and 376 and 31 U.S.C. 3321). individuals/special-topics/limited- and record of performance under english-proficiency/guidance-federal- Federal awards when completing the VII. Agency Contacts financial-assistance-recipients-title-VI/. review of risk posed by applicants as 1. Questions on the programmatic The HHS Office for Civil Rights (OCR) described in 45 CFR 75.205. issues may be directed to: Lisa C. Neel, also provides guidance on complying As required by 45 CFR part 75 Public Health Advisor, Office of Public with civil rights laws enforced by HHS. Appendix XII of the Uniform Guidance, Health Support, Division of Please see http://www.hhs.gov/civil- non-federal entities (NFEs) are required Epidemiology & Disease Prevention, rights/for-individuals/section-1557/ to disclose in FAPIIS any information Indian Health Service, 5600 Fishers index.html; and http://www.hhs.gov/ about criminal, civil, and administrative Lane, Mailstop: 09E17B, Rockville, MD civil-rights/index.html. Recipients of proceedings, and/or affirm that there is 20857, Phone: (301) 443–4305, Email: FFA also have specific legal obligations no new information to provide. This [email protected]. for serving qualified individuals with applies to NFEs that receive Federal 2. Questions on grants management disabilities. Please see http:// awards (currently active grants, and fiscal matters may be directed to: www.hhs.gov/civil-rights/for- cooperative agreements, and John Hoffman, Senior Grants individuals/disability/index.html. procurement contracts) greater than Management Specialist, 5600 Fishers Please contact the HHS OCR for more $10,000,000 for any period of time Lane, Mail Stop: 09E70, Rockville, MD information about obligations and during the period of performance of an 20857, Phone: (301) 443–2116, Fax: prohibitions under Federal civil rights award/project. (301) 594–0899, Email: John.Hoffman@ laws at https://www.hhs.gov/ocr/about- Mandatory Disclosure Requirements ihs.gov. us/contact-us/index.html or call (800) 3. Questions on systems matters may 368–1019 or TDD (800) 537–7697. Also As required by 2 CFR part 200 of the be directed to: Paul Gettys, Grant note it is an HHS Departmental goal to Uniform Guidance, and the HHS Systems Coordinator, 5600 Fishers ensure access to quality, culturally implementing regulations at 45 CFR part Lane, Mail Stop: 09E70, Rockville, MD competent care, including long-term 75, effective January 1, 2016, the IHS 20857, Phone: (301) 443–2114; or the services and supports, for vulnerable must require a non-Federal entity or an DGM main line (301) 443–5204, Fax: populations. For further guidance on applicant for a Federal award to (301) 594–0899, Email: Paul.Gettys@ providing culturally and linguistically disclose, in a timely manner, in writing ihs.gov. appropriate services, recipients should to the IHS or pass-through entity all review the National Standards for violations of Federal criminal law VIII. Other Information Culturally and Linguistically involving fraud, bribery, or gratuity The Public Health Service strongly Appropriate Services in Health and violations potentially affecting the encourages all cooperative agreement Health Care at https:// Federal award. and contract recipients to provide a

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smoke-free workplace and promote the Dated: August 9, 2018. and Transplantation Research; 93.856, non-use of all tobacco products. In Melanie J. Pantoja, Microbiology and Infectious Diseases addition, Public Law 103–227, the Pro- Program Analyst, Office of Federal Advisory Research, National Institutes of Health, HHS) Committee Policy. Children Act of 1994, prohibits smoking Dated: August 9, 2018. [FR Doc. 2018–17474 Filed 8–14–18; 8:45 am] in certain facilities (or in some cases, Natasha M. Copeland, any portion of the facility) in which BILLING CODE 4140–01–P Program Analyst, Office of Federal Advisory regular or routine education, library, Committee Policy. day care, health care, or early childhood [FR Doc. 2018–17477 Filed 8–14–18; 8:45 am] development services are provided to DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P children. This is consistent with the HUMAN SERVICES HHS mission to protect and advance the National Institutes of Health physical and mental health of the DEPARTMENT OF HEALTH AND American people. National Institute of Allergy and HUMAN SERVICES Dated: August 10, 2018. Infectious Diseases; Notice of Closed Meetings National Institutes of Health Michael D. Weahkee, RADM, Assistant Surgeon General, U.S. Pursuant to section 10(d) of the Center for Scientific Review; Notice of Public Health Service, Acting Director, Indian Federal Advisory Committee Act, as Closed Meeting Health Service. amended, notice is hereby given of the [FR Doc. 2018–17564 Filed 8–14–18; 8:45 am] following meetings. Pursuant to section 10(d) of the BILLING CODE 4165–16–P The meetings will be closed to the Federal Advisory Committee Act, as public in accordance with the amended, notice is hereby given of the provisions set forth in sections following meeting. DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The meeting will be closed to the HUMAN SERVICES as amended. The grant applications and public in accordance with the the discussions could disclose provisions set forth in sections National Institutes of Health confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., property such as patentable material, as amended. The grant applications and National Institute of Mental Health; and personal information concerning the discussions could disclose Notice of Closed Meeting individuals associated with the grant confidential trade secrets or commercial applications, the disclosure of which property such as patentable material, Pursuant to section 10(d) of the would constitute a clearly unwarranted and personal information concerning Federal Advisory Committee Act, as invasion of personal privacy. individuals associated with the grant amended, notice is hereby given of the Name of Committee: National Institute of applications, the disclosure of which following meeting. Allergy and Infectious Diseases Special would constitute a clearly unwarranted The meeting will be closed to the Emphasis Panel NIAID; Clinical Trial invasion of personal privacy. Planning Grant (R34). public in accordance with the Name of Committee: Center for Scientific provisions set forth in sections Date: September 5, 2018. Time: 10:00 a.m. to 11:30 a.m. Review Special Emphasis Panel; Special 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Topic in Nephrology. as amended. The grant applications and applications. Date: August 22, 2018. the discussions could disclose Place: National Institutes of Health, 5601 Time: 2:00 p.m. to 4:00 p.m. confidential trade secrets or commercial Fishers Lane, Rockville, MD 20892. Agenda: To review and evaluate grant property such as patentable material, (Telephone Conference Call). applications. Place: National Institutes of Health, 6701 and personal information concerning Contact Person: Ellen S. Buczko, Ph.D., Scientific Review Officer, Scientific Review Rockledge Drive, Bethesda, MD 20892, individuals associated with the grant Program, Division of Extramural Activities, (Telephone Conference Call). applications, the disclosure of which Room # 3F30A, National Institutes of Health/ Contact Person: Atul Sahai, Ph.D., would constitute a clearly unwarranted NIAID, 5601 Fishers Lane, MSC 9823, Scientific Review Officer, Center for invasion of personal privacy. Bethesda, MD 20892–9823, (240) 669–5028, Scientific Review, National Institutes of [email protected]. Health, 6701 Rockledge Drive, Room 2188, Name of Committee: National Institute of Name of Committee: National Institute of MSC 7818, Bethesda, MD 20892, 301–435– Mental Health Initial Review Group; Mental Allergy and Infectious Diseases Special 1198, [email protected]. Health Services Research Committee. Emphasis Panel NIAID; Clinical Trial This notice is being published less than 15 Date: October 15, 2018. Planning Grant (R34). days prior to the meeting due to the timing Time: 8:00 a.m. to 5:00 p.m. Date: September 5, 2018. limitations imposed by the review and Agenda: To review and evaluate grant Time: 1:00 p.m. to 2:30 p.m. funding cycle. applications. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Place: The Fairmont Washington, DC, 2401 applications. Program Nos. 93.306, Comparative Medicine; M Street NW, Washington, DC 20037. Place: National Institutes of Health, 5601 93.333, Clinical Research, 93.306, 93.333, Contact Person: Aileen Schulte, Ph.D., Fishers Lane, Rockville, MD 20892, 93.337, 93.393–93.396, 93.837–93.844, Scientific Review Officer, Division of (Telephone Conference Call). 93.846–93.878, 93.892, 93.893, National Extramural Activities, National Institute of Contact Person: Ellen S. Buczko, Ph.D., Institutes of Health, HHS) Scientific Review Officer, Scientific Review Mental Health, NIH, Neuroscience Center, Program, Division of Extramural Activities, 6001 Executive Blvd., Room 6136, MSC 9606, Dated: August 9, 2018. Room # 3F30A, National Institutes of Health/ Natasha M. Copeland, Bethesda, MD 20852, 301–443–1225, NIAID, 5601 Fishers Lane, MSC 9823, [email protected]. Bethesda, MD 20892–9823, (240) 669–5028, Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance [email protected]. Committee Policy. Program No. 93.242, Mental Health Research (Catalogue of Federal Domestic Assistance [FR Doc. 2018–17472 Filed 8–14–18; 8:45 am] Grants, National Institutes of Health, HHS) Program Nos. 93.855, Allergy, Immunology, BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Place: SAMHSA, 5600 Fishers Lane, inspection date will be scheduled for HUMAN SERVICES Rockville, Maryland 20857. May 2020. Contact: Tracy Goss, Designated Substance Abuse and Mental Health Federal Officer, CSAT National FOR FURTHER INFORMATION CONTACT: Dr. Services Administration Advisory Council, 5600 Fishers Lane, Justin Shey, Laboratories and Scientific Rockville, Maryland 20857 (mail), Services Directorate, U.S. Customs and Center for Substance Abuse Telephone: (240) 276–0759, Fax: (240) Border Protection, 1300 Pennsylvania Treatment; Notice of Meeting 276–2252, Email: tracy.goss@ Avenue NW, Suite 1500N, Washington, DC 20229, tel. 202–344–1060. Pursuant to Public Law 92–463, samhsa.hhs.gov. notice is hereby given that the Summer King, SUPPLEMENTARY INFORMATION: Notice is Substance Abuse and Mental Health Statistician, SAMHSA. hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Intertek USA, Services Administration’s (SAMHSA’s) [FR Doc. 2018–17528 Filed 8–14–18; 8:45 am] Center for Substance Abuse Treatment Inc., 2717 Maplewood Dr., Sulphur, LA BILLING CODE 4162–20–P (CSAT) National Advisory Council will 70663 has been approved to gauge meet on September 17, 2018, 2:00 p.m.– petroleum and certain petroleum 3:00 p.m. (EDT) in a closed products and accredited to test DEPARTMENT OF HOMELAND teleconference meeting. petroleum and certain petroleum The meeting will include discussions SECURITY products for customs purposes, in and evaluations of grant applications U.S. Customs and Border Protection accordance with the provisions of 19 reviewed by SAMHSA’s Initial Review CFR 151.12 and 19 CFR 151.13. Intertek Groups, and involve an examination of Accreditation and Approval of Intertek USA, Inc., is approved for the following confidential financial and business USA, Inc. (Sulphur, LA), as a gauging procedures for petroleum and information as well as personal Commercial Gauger and Laboratory certain petroleum products from the information concerning the applicants. American Petroleum Institute (API): Therefore, the meeting will be closed to AGENCY: U.S. Customs and Border the public as determined by the Protection, Department of Homeland API chapters Title SAMHSA Assistant Secretary for Mental Security. Health and Substance Use in accordance ACTION: Notice of accreditation and 3 ...... Tank Gauging. with Title 5 U.S.C. 552b(c)(4) and (6) approval of Intertek USA, Inc. (Sulphur, 5 ...... Metering. and Title 5 U.S.C. App. 2, 10(d). LA), as a commercial gauger and 7 ...... Temperature Determination. Meeting information and a roster of laboratory. 8 ...... Sampling. Council members may be obtained by 11 ...... Physical Properties Data. accessing the SAMHSA Committee SUMMARY: Notice is hereby given, 12 ...... Calculations. website at http://www.samhsa.gov/ pursuant to CBP regulations, that 14 ...... Natural Gas Fluids Measure- Intertek USA, Inc. (Sulphur, LA), has ment. about-us/advisory-councils/csat- 17 ...... Marine Measurement. national-advisory-council or by been approved to gauge petroleum and contacting the CSAT National Advisory certain petroleum products and Council Designated Federal Officer; accredited to test petroleum and certain Intertek USA, Inc., is accredited for Tracy Goss (see contact information petroleum products for customs the following laboratory analysis below). purposes for the next three years as of procedures and methods for petroleum Council Name: SAMHSA’s Center for May 10, 2017. and certain petroleum products set forth Substance Abuse Treatment, National DATES: Intertek USA, Inc. (Sulphur, LA) by the U.S. Customs and Border Advisory Council. was accredited and approved, as a Protection Laboratory Methods (CBPL) Date/Time/Type: September 17, 2018, commercial gauger and laboratory as of and American Society for Testing and 2:00 p.m.–3:00 p.m. EDT, Closed. May 10, 2017. The next triennial Materials (ASTM):

CBPL No. ASTM Title

27–01 ...... D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Meth- od). 27–02 ...... D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petro- leum and Liquid Petroleum Products by Hydrometer Method. 27–03 ...... D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27–05 ...... D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–07 ...... D 4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27–08 ...... D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Flu- orescence Spectrometry. 27–46 ...... D 5002 Standard Test Method for Density and Relative Density of Crude Oils by Digital Density Analyzer. 27–48 ...... D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27–50 ...... D 93 Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27–54 ...... D 1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method. 27–58 ...... D 5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method).

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Anyone wishing to employ this entity DATES: Send your comments by Information Collection Requirement to conduct laboratory analyses and September 14, 2018. A comment to Title: Rail Transportation Security. gauger services should request and OMB is most effective if OMB receives Type of Request: Revision of a receive written assurances from the it within 30 days of publication. currently approved collection. entity that it is accredited or approved ADDRESSES: Interested persons are OMB Control Number: 1652–0051. by the U.S. Customs and Border invited to submit written comments on Forms(s): NA. Protection to conduct the specific test or the proposed information collection to Affected Public: Rail and shippers/ gauger service requested. Alternatively, the Office of Information and Regulatory receivers of certain hazardous materials. inquiries regarding the specific test or Affairs, OMB. Comments should be Abstract: TSA requires freight railroad gauger service this entity is accredited addressed to Desk Officer, Department carriers and certain facilities handling or approved to perform may be directed of Homeland Security/TSA, and sent via specified categories and quantities of to the U.S. Customs and Border electronic mail to dhsdeskofficer@ hazardous materials be able to report Protection by calling (202) 344–1060. omb.eop.gov. location and shipping information to The inquiry may also be sent to TSA upon request. These regulated [email protected]. Please FOR FURTHER INFORMATION CONTACT: carriers and facilities must also reference the website listed below for a Christina A. Walsh, TSA PRA Officer, implement chain of custody and control complete listing of CBP approved Information Technology (IT), TSA–11, requirements to ensure a positive and gaugers and accredited laboratories. Transportation Security Administration, secure exchange of the specified http://www.cbp.gov/about/labs- 601 South 12th Street, Arlington, VA categories and quantities of hazardous scientific/commercial-gaugers-and- 20598–6011; telephone (571) 227–2062; materials listed in 49 CFR 1580.100(b), laboratories. email [email protected]. and make the reports available to TSA Dated: August 6, 2018. SUPPLEMENTARY INFORMATION: TSA upon request. TSA further collects Dave Fluty, published a Federal Register notice, information from regulated parties on Rail Security Coordinators and Executive Director, Laboratories and with a 60-day comment period soliciting Scientific Services Directorate. comments, of the following collection of significant security concerns telephonically. TSA is revising the [FR Doc. 2018–17520 Filed 8–14–18; 8:45 am] information on March 9, 2018, 83 FR 10511. collection to introduce an electronic BILLING CODE 9111–14–P reporting pilot option for significant Comments Invited security concerns. DEPARTMENT OF HOMELAND In accordance with the Paperwork Number of Respondents: 1760. Estimated Annual Burden Hours: An SECURITY Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or estimated 112,764 hours annually. Transportation Security Administration sponsor, and a person is not required to Dated: August 9, 2018. [Docket No. TSA–2006–26514] respond to, a collection of information Christina A. Walsh, unless it displays a valid OMB control TSA Paperwork Reduction Act Officer, Revision of Agency Information number. The ICR documentation will be Information Technology. Collection Activity Under OMB Review: available at http://www.reginfo.gov [FR Doc. 2018–17551 Filed 8–14–18; 8:45 am] Rail Transportation Security upon its submission to OMB. Therefore, BILLING CODE 9110–05–P in preparation for OMB review and AGENCY: Transportation Security approval of the following information Administration, DHS. collection, TSA is soliciting comments DEPARTMENT OF HOMELAND ACTION: 30-Day notice. to— SECURITY SUMMARY: This notice announces that (1) Evaluate whether the proposed information requirement is necessary for U.S. Citizenship and Immigration the Transportation Security Services Administration (TSA) has forwarded the the proper performance of the functions Information Collection Request (ICR), of the agency, including whether the [OMB Control Number 1615–0026] Office of Management and Budget information will have practical utility; (OMB) control number 1652–0051, (2) Evaluate the accuracy of the Agency Information Collection abstracted below to OMB for review and agency’s estimate of the burden; Activities; Extension, Without Change, approval of a revision of the currently (3) Enhance the quality, utility, and of a Currently Approved Collection: approved collection under the clarity of the information to be Immigrant Petition by Alien Paperwork Reduction Act (PRA). The collected; and Entrepreneur ICR describes the nature of the (4) Minimize the burden of the AGENCY: U.S. Citizenship and information collection and its expected collection of information on those who Immigration Services, Department of burden. The collection involves the are to respond, including using Homeland Security. appropriate automated, electronic, submission of contact information of ACTION: 30-Day notice. rail security coordinators (RSCs) and mechanical, or other technological alternate RSCs from certain freight rail collection techniques or other forms of SUMMARY: The Department of Homeland and passenger rail entities; reporting of information technology. Security (DHS), U.S. Citizenship and significant security concerns, to include Consistent with the requirements of Immigration Services (USCIS) will be a new electronic reporting pilot option, Executive Order (E.O.) 13771, Reducing submitting the following information in addition to existing telephonic Regulation and Controlling Regulatory collection request to the Office of reporting; documenting the transfer of Costs, and E.O. 13777, Enforcing the Management and Budget (OMB) for custody and control of certain Regulatory Reform Agenda, TSA is also review and clearance in accordance hazardous materials rail cars; and requesting comments on the extent to with the Paperwork Reduction Act of providing location and shipping which this request for information could 1995. The purpose of this notice is to information for certain hazardous be modified to reduce the burden on allow an additional 30 days for public materials rail cars. respondents. comments.

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DATES: The purpose of this notice is to whether the information will have DEPARTMENT OF HOMELAND allow an additional 30 days for public practical utility; SECURITY comments. Comments are encouraged (2) Evaluate the accuracy of the U.S. Citizenship and Immigration and will be accepted until September agency’s estimate of the burden of the Services 14, 2018. This process is conducted in proposed collection of information, accordance with 5 CFR 1320.10. including the validity of the [OMB Control Number 1615–0133] ADDRESSES: Written comments and/or methodology and assumptions used; suggestions regarding the item(s) Agency Information Collection contained in this notice, especially (3) Enhance the quality, utility, and Activities; Extension, Without Change, regarding the estimated public burden clarity of the information to be of a Currently Approved Collection: and associated response time, must be collected; and Request for Reduced Fee directed to the OMB USCIS Desk Officer (4) Minimize the burden of the AGENCY: U.S. Citizenship and via email at dhsdeskofficer@ collection of information on those who Immigration Services, Department of omb.eop.gov. All submissions received are to respond, including through the Homeland Security. must include the agency name and the use of appropriate automated, OMB Control Number [1615–0026] in electronic, mechanical, or other ACTION: 30-Day notice. the subject line. technological collection techniques or SUMMARY: The Department of Homeland You may wish to consider limiting the other forms of information technology, Security (DHS), U.S. Citizenship and amount of personal information that you e.g., permitting electronic submission of Immigration Services (USCIS) will be provide in any voluntary submission responses. submitting the following information you make. For additional information collection request to the Office of please read the Privacy Act notice that Overview of This Information Management and Budget (OMB) for is available via the link in the footer of Collection review and clearance in accordance http://www.regulations.gov. (1) Type of Information Collection with the Paperwork Reduction Act of FOR FURTHER INFORMATION CONTACT: Request: Extension, Without Change, of 1995. The purpose of this notice is to USCIS, Office of Policy and Strategy, a Currently Approved Collection. allow an additional 30 days for public Regulatory Coordination Division, comments. Samantha Deshommes, Chief, 20 (2) Title of the Form/Collection: DATES: Massachusetts Avenue NW, Immigrant Petition by Alien The purpose of this notice is to Washington, DC 20529–2140, Entrepreneur. allow an additional 30 days for public comments. Comments are encouraged Telephone number (202) 272–8377 (3) Agency form number, if any, and (This is not a toll-free number; and will be accepted until September the applicable component of the DHS 14, 2018. This process is conducted in comments are not accepted via sponsoring the collection: I–526; USCIS. telephone message.). Please note contact accordance with 5 CFR 1320.10. information provided here is solely for (4) Affected public who will be asked ADDRESSES: Written comments and/or questions regarding this notice. It is not or required to respond, as well as a brief suggestions regarding the item(s) for individual case status inquiries. abstract: Primary: Individuals or contained in this notice, especially Applicants seeking information about households. USCIS uses Form I–526 to regarding the estimated public burden the status of their individual cases can determine if an alien can enter the U.S. and associated response time, must be check Case Status Online, available at to engage in commercial enterprise. directed to the OMB USCIS Desk Officer the USCIS website at http:// (5) An estimate of the total number of via email at dhsdeskofficer@ www.uscis.gov, or call the USCIS respondents and the amount of time omb.eop.gov. All submissions received National Customer Service Center at estimated for an average respondent to must include the agency name and the (800) 375–5283; TTY (800) 767–1833. respond: The estimated total number of OMB Control Number [1615–0133] in the subject line. SUPPLEMENTARY INFORMATION: respondents for the information You may wish to consider limiting the collection I–526 is 11,460 and the Comments amount of personal information that you estimated hour burden per response is provide in any voluntary submission The information collection notice was 1.83 hours. previously published in the Federal you make. For additional information Register on May 4, 2018, at 83 FR (6) An estimate of the total public please read the Privacy Act notice that 19798, allowing for a 60-day public burden (in hours) associated with the is available via the link in the footer of comment period. USCIS did receive collection: The total estimated annual http://www.regulations.gov. three comments in connection with the hour burden associated with this FOR FURTHER INFORMATION CONTACT: 60-day notice. collection is 20,972 hours. USCIS, Office of Policy and Strategy, You may access the information (7) An estimate of the total public Regulatory Coordination Division, collection instrument with instructions, burden (in cost) associated with the Samantha Deshommes, Chief, 20 or additional information by visiting the collection: The estimated total annual Massachusetts Avenue NW, Federal eRulemaking Portal site at: cost burden associated with this Washington, DC 20529–2140, http://www.regulations.gov and enter collection of information is $745,338. Telephone number (202) 272–8377 USCIS–2007–0021 in the search box. (This is not a toll-free number; Written comments and suggestions from Dated: August 9, 2018. comments are not accepted via the public and affected agencies should Samantha L. Deshommes, telephone message.). Please note contact address one or more of the following Chief, Regulatory Coordination Division, information provided here is solely for four points: Office of Policy and Strategy, U.S. Citizenship questions regarding this notice. It is not (1) Evaluate whether the proposed and Immigration Services, Department of for individual case status inquiries. collection of information is necessary Homeland Security. Applicants seeking information about for the proper performance of the [FR Doc. 2018–17536 Filed 8–14–18; 8:45 am] the status of their individual cases can functions of the agency, including BILLING CODE 9111–97–P check Case Status Online, available at

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the USCIS website at http:// respondents for the information You may wish to consider limiting the www.uscis.gov, or call the USCIS collection I–942 is 4,491 and the amount of personal information that you National Customer Service Center at estimated hour burden per response is provide in any voluntary submission (800) 375–5283; TTY (800) 767–1833. 0.75 hour. you make. For additional information SUPPLEMENTARY INFORMATION: (6) An estimate of the total public please read the Privacy Act notice that burden (in hours) associated with the is available via the link in the footer of Comments collection: The total estimated annual http://www.regulations.gov. The information collection notice was hour burden associated with this FOR FURTHER INFORMATION CONTACT: previously published in the Federal collection is 3,368 hours. USCIS, Office of Policy and Strategy, Register on April 27, 2018, at 83 FR (7) An estimate of the total public Regulatory Coordination Division, 18583, allowing for a 60-day public burden (in cost) associated with the Samantha Deshommes, Chief, 20 comment period. USCIS did receive one collection: The estimated total annual Massachusetts Avenue NW, comment in connection with the 60-day cost burden associated with this Washington, DC 20529–2140, collection of information is $19,087. notice. Telephone number (202) 272–8377 You may access the information Dated: August 9, 2018. (This is not a toll-free number; collection instrument with instructions, Samantha L Deshommes, comments are not accepted via or additional information by visiting the Chief, Regulatory Coordination Division, telephone message.). Please note contact Federal eRulemaking Portal site at: Office of Policy and Strategy, U.S. Citizenship information provided here is solely for http://www.regulations.gov and enter and Immigration Services, Department of questions regarding this notice. It is not USCIS–2018–0002 in the search box. Homeland Security. for individual case status inquiries. Written comments and suggestions from [FR Doc. 2018–17534 Filed 8–14–18; 8:45 am] Applicants seeking information about the public and affected agencies should BILLING CODE 9111–97–P the status of their individual cases can address one or more of the following check Case Status Online, available at four points: the USCIS website at http:// (1) Evaluate whether the proposed DEPARTMENT OF HOMELAND www.uscis.gov, or call the USCIS collection of information is necessary SECURITY National Customer Service Center at for the proper performance of the (800) 375–5283; TTY (800) 767–1833. functions of the agency, including U.S. Citizenship and Immigration SUPPLEMENTARY INFORMATION: whether the information will have Services practical utility; [OMB Control Number 1615–0087] Comments (2) Evaluate the accuracy of the The information collection notice was agency’s estimate of the burden of the Agency Information Collection previously published in the Federal proposed collection of information, Activities; Revision of a Currently Register on May 4, 2018, at 83 FR including the validity of the Approved Collection: Application for 19797, allowing for a 60-day public methodology and assumptions used; Citizenship and Issuance of Certificate comment period. USCIS did not receive (3) Enhance the quality, utility, and Under Section 322 clarity of the information to be any comments in connection with the collected; and AGENCY: U.S. Citizenship and 60-day notice. (4) Minimize the burden of the Immigration Services, Department of You may access the information collection of information on those who Homeland Security. collection instrument with instructions, are to respond, including through the ACTION: 30-Day notice. or additional information by visiting the use of appropriate automated, Federal eRulemaking Portal site at: SUMMARY: The Department of Homeland electronic, mechanical, or other http://www.regulations.gov and enter Security (DHS), U.S. Citizenship and USCIS–2007–0019 in the search box. technological collection techniques or Immigration Services (USCIS) will be other forms of information technology, Written comments and suggestions from submitting the following information the public and affected agencies should e.g., permitting electronic submission of collection request to the Office of responses. address one or more of the following Management and Budget (OMB) for four points: Overview of This Information review and clearance in accordance (1) Evaluate whether the proposed Collection with the Paperwork Reduction Act of collection of information is necessary 1995. The purpose of this notice is to (1) Type of Information Collection for the proper performance of the allow an additional 30 days for public Request: Extension, Without Change, of functions of the agency, including comments. a Currently Approved Collection. whether the information will have (2) Title of the Form/Collection: DATES: The purpose of this notice is to practical utility; Request for Reduced Fee. allow an additional 30 days for public (2) Evaluate the accuracy of the (3) Agency form number, if any, and comments. Comments are encouraged agency’s estimate of the burden of the the applicable component of the DHS and will be accepted until September proposed collection of information, sponsoring the collection: I–942; USCIS. 14, 2018. including the validity of the (4) Affected public who will be asked ADDRESSES: Written comments and/or methodology and assumptions used; or required to respond, as well as a brief suggestions regarding the item(s) (3) Enhance the quality, utility, and abstract: Primary: Individuals or contained in this notice, especially clarity of the information to be households. USCIS uses the data regarding the estimated public burden collected; and collected on this form to verify that the and associated response time, must be (4) Minimize the burden of the applicant is eligible for a reduced fee for directed to the OMB USCIS Desk Officer collection of information on those who the immigration benefit being requested. via email at dhsdeskofficer@ are to respond, including through the (5) An estimate of the total number of omb.eop.gov. All submissions received use of appropriate automated, respondents and the amount of time must include the agency name and the electronic, mechanical, or other estimated for an average respondent to OMB Control Number 1615–0087 in the technological collection techniques or respond: The estimated total number of subject line. other forms of information technology,

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e.g., permitting electronic submission of DEPARTMENT OF HOMELAND the USCIS website at http:// responses. SECURITY www.uscis.gov, or call the USCIS National Customer Service Center at Overview of This Information U.S. Citizenship and Immigration (800) 375–5283; TTY (800) 767–1833. Collection Services SUPPLEMENTARY INFORMATION: (1) Type of Information Collection [OMB Control Number 1615–0053] Comments Request: Revision of a Currently The information collection notice was Approved Collection. Agency Information Collection Activities; Revision of a Currently previously published in the Federal (2) Title of the Form/Collection: Approved Collection: Request for Register on May 29, 2018, at 83 FR Application for Citizenship and Certification of Military or Naval 24486, allowing for a 60-day public Issuance of Certificate under Section Service comment period. USCIS did not receive 322. any comments in connection with the AGENCY: U.S. Citizenship and (3) Agency form number, if any, and 60-day notice. Immigration Services, Department of the applicable component of the DHS You may access the information Homeland Security. sponsoring the collection: N–600K; collection instrument with instructions, ACTION: or additional information by visiting the USCIS. 30-Day notice. Federal eRulemaking Portal site at: (4) Affected public who will be asked SUMMARY: The Department of Homeland http://www.regulations.gov and enter or required to respond, as well as a brief Security (DHS), U.S. Citizenship and USCIS–2007–0016 in the search box. abstract: Primary: Individuals or Immigration Services (USCIS) will be Written comments and suggestions from households. Form N–600K is used by submitting the following information the public and affected agencies should children who regularly reside in a collection request to the Office of address one or more of the following foreign country to claim U.S. citizenship Management and Budget (OMB) for four points: based on eligibility criteria met by their review and clearance in accordance (1) Evaluate whether the proposed U.S. citizen parent(s) or grandparent(s). with the Paperwork Reduction Act of collection of information is necessary The form may be used by both 1995. The purpose of this notice is to for the proper performance of the biological and adopted children under allow an additional 30 days for public functions of the agency, including age 18. USCIS uses information comments. whether the information will have collected on this form to determine that DATES: The purpose of this notice is to practical utility; the child has met all of the eligibility allow an additional 30 days for public (2) Evaluate the accuracy of the agency’s estimate of the burden of the requirements for naturalization under comments. Comments are encouraged proposed collection of information, section 322 of the Immigration and and will be accepted until September 14, 2018. including the validity of the Nationality Act (INA). If determined methodology and assumptions used; eligible, USCIS will naturalize and issue ADDRESSES: Written comments and/or suggestions regarding the item(s) (3) Enhance the quality, utility, and the child a Certificate of Citizenship clarity of the information to be before the child reaches age 18. contained in this notice, especially regarding the estimated public burden collected; and (5) An estimate of the total number of and associated response time, must be (4) Minimize the burden of the respondents and the amount of time directed to the OMB USCIS Desk Officer collection of information on those who estimated for an average respondent to via email at dhsdeskofficer@ are to respond, including through the respond: The estimated total number of omb.eop.gov. All submissions received use of appropriate automated, respondents for the information must include the agency name and the electronic, mechanical, or other collection N–600 is 3,000 and the OMB Control Number 1615–0053 in the technological collection techniques or estimated hour burden per response is subject line. other forms of information technology, 2.08 hours. You may wish to consider limiting the e.g., permitting electronic submission of responses. (6) An estimate of the total public amount of personal information that you burden (in hours) associated with the provide in any voluntary submission Overview of This Information collection: The total estimated annual you make. For additional information Collection hour burden associated with this please read the Privacy Act notice that (1) Type of Information Collection is available via the link in the footer of collection is 6,240 hours. Request: Revision of a Currently http://www.regulations.gov. (7) An estimate of the total public Approved Collection. FOR FURTHER INFORMATION CONTACT: (2) Title of the Form/Collection: burden (in cost) associated with the USCIS, Office of Policy and Strategy, Request for Certification of Military or collection: The estimated total annual Regulatory Coordination Division, Naval Service. cost burden associated with this Samantha Deshommes, Chief, 20 (3) Agency form number, if any, and collection of information is $367,500. Massachusetts Avenue NW, the applicable component of the DHS Dated: August 9, 2018. Washington, DC 20529–2140, sponsoring the collection: N–426; Samantha L. Deshommes, Telephone number (202) 272–8377 USCIS. (This is not a toll-free number; (4) Affected public who will be asked Chief, Regulatory Coordination Division, or required to respond, as well as a brief Office of Policy and Strategy, U.S. Citizenship comments are not accepted via and Immigration Services, Department of telephone message.). Please note contact abstract: Primary: Individuals or Homeland Security. information provided here is solely for households. The Form N–426 is used by questions regarding this notice. It is not naturalization applicants to document [FR Doc. 2018–17532 Filed 8–14–18; 8:45 am] for individual case status inquiries. honorable service in the U.S. Armed BILLING CODE 9111–97–P Applicants seeking information about Forces. The form is filed with U.S. the status of their individual cases can Citizenship and Immigration Services check Case Status Online, available at (USCIS) when the respondent applies

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for naturalization with USCIS Form N– obtain comments regarding the nature of DHS may withhold information 400, Application for Naturalization the information collection, the provided in comments from public (OMB Control Number 1615–0052). The categories of respondents, the estimated viewing that it determines may impact Department of Defense (DOD) record burden (i.e., the time, effort, and the privacy of an individual or is centers or personnel offices verify and resources used by the respondents to offensive. For additional information, certify the applicant’s military or naval respond), the estimated cost to the please read the Privacy Act notice that service information provided on Form respondent, and the actual information is available via the link in the footer of N–426. USCIS reviews the form as part collection instruments. http://www.regulations.gov. of the process to determine the DATES: Comments are encouraged and Written comments and suggestions applicant’s eligibility for naturalization. will be accepted for 60 days until from the public and affected agencies USCIS also collects biometric October 15, 2018. should address one or more of the information from respondents to verify ADDRESSES: All submissions received following four points: their identity and check or update their must include the OMB Control Number (1) Evaluate whether the proposed background information. 1615–0101 in the body of the letter, the collection of information is necessary (5) An estimate of the total number of agency name and Docket ID USCIS– for the proper performance of the respondents and the amount of time 2008–0008. To avoid duplicate functions of the agency, including estimated for an average respondent to submissions, please use only one of the whether the information will have respond: The estimated total number of following methods to submit comments: practical utility; respondents for the information (1) Online. Submit comments via the (2) Evaluate the accuracy of the collection N–426 is 10,000 and the Federal eRulemaking Portal website at agency’s estimate of the burden of the estimated hour burden per response is http://www.regulations.gov under e- proposed collection of information, .75 hours. Docket ID number USCIS–2008–0008; including the validity of the (6) An estimate of the total public (2) Mail. Submit written comments to methodology and assumptions used; burden (in hours) associated with the DHS, USCIS, Office of Policy and (3) Enhance the quality, utility, and collection: The total estimated annual Strategy, Chief, Regulatory Coordination clarity of the information to be hour burden associated with this Division, 20 Massachusetts Avenue NW, collected; and collection is 7,500 hours. Washington, DC 20529–2140. (4) Minimize the burden of the (7) An estimate of the total public FOR FURTHER INFORMATION CONTACT: collection of information on those who burden (in cost) associated with the USCIS, Office of Policy and Strategy, are to respond, including through the collection: The estimated total annual Regulatory Coordination Division, use of appropriate automated, cost burden associated with this Samantha Deshommes, Chief, 20 electronic, mechanical, or other collection of information is $245,000. Massachusetts Avenue NW, technological collection techniques or Dated: August 9, 2018 Washington, DC 20529–2140, telephone other forms of information technology, Samantha L. Deshommes, number 202–272–8377 (This is not a e.g., permitting electronic submission of Chief, Regulatory Coordination Division, toll-free number. Comments are not responses. Office of Policy and Strategy, U.S. Citizenship accepted via telephone message). Please and Immigration Services, Department of Overview of This Information note contact information provided here Collection Homeland Security. is solely for questions regarding this [FR Doc. 2018–17530 Filed 8–14–18; 8:45 am] notice. It is not for individual case (1) Type of Information Collection: BILLING CODE 9111–97–P status inquiries. Applicants seeking Revision of a Currently Approved information about the status of their Collection. individual cases can check Case Status (2) Title of the Form/Collection: DEPARTMENT OF HOMELAND Online, available at the USCIS website Document Verification Request and SECURITY at http://www.uscis.gov, or call the Supplement. (3) Agency form number, if any, and U.S. Citizenship and Immigration USCIS National Customer Service the applicable component of the DHS Services Center at 800–375–5283 (TTY 800–767– 1833). sponsoring the collection: Form G–845; [OMB Control Number 1615–0101] SUPPLEMENTARY INFORMATION: USCIS. (4) Affected public who will be asked Agency Information Collection Comments or required to respond, as well as a brief Activities; Revision of a Currently You may access the information abstract: Primary: State, local or Tribal Approved Collection: Document collection instrument with instructions, Government. Verification Request and Supplement or additional information by visiting the In the verification process, a AGENCY: U.S. Citizenship and Federal eRulemaking Portal site at: participating agency validates an Immigration Services, Department of http://www.regulations.gov and enter applicant’s immigration status by Homeland Security. USCIS–2008–0008 in the search box. inputting identifying information into ACTION: 60-Day notice. Regardless of the method used for the Verification Information System submitting comments or material, all (VIS), which executes immigration SUMMARY: The Department of Homeland submissions will be posted, without status queries against a range of data Security (DHS), U.S. Citizenship and change, to the Federal eRulemaking sources. If VIS returns an immigration Immigration (USCIS) invites the general Portal at http://www.regulations.gov, status and the benefit-issuing agency public and other Federal agencies to and will include any personal does not find a material discrepancy comment upon this proposed revision of information you provide. Therefore, with the response and the documents a currently approved collection of submitting this information makes it provided by the applicant, the information. In accordance with the public. You may wish to consider verification process is complete. Then, Paperwork Reduction Act (PRA) of limiting the amount of personal the agency may use that immigration 1995, the information collection notice information that you provide in any status information to determine whether is published in the Federal Register to voluntary submission you make to DHS. to issue the benefit.

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If VIS does not locate a record collection of information is Regulatory Coordination Division, pertaining to the applicant during an $141,236,767. Samantha Deshommes, Chief, 20 electronic initial verification, a second Dated: August 9, 2018. Massachusetts Avenue NW, Washington, DC 20529–2140, telephone step additional verification must be Samantha L. Deshommes, requested by the agency, so that a Status number 202–272–8377 (This is not a Chief, Regulatory Coordination Division, toll-free number. Comments are not Verifier can manually check the records. Office of Policy and Strategy, U.S. Citizenship If the Status Verifier cannot determine and Immigration Services, Department of accepted via telephone message). Please status during the second step additional Homeland Security. note contact information provided here verification, they will request the [FR Doc. 2018–17535 Filed 8–14–18; 8:45 am] is solely for questions regarding this notice. It is not for individual case agency to submit a copy of the BILLING CODE 9111–97–P applicant’s immigration document. The status inquiries. Applicants seeking immigration document can be submitted information about the status of their using scan and upload or by attaching DEPARTMENT OF HOMELAND individual cases can check Case Status it to a Form G–845 and mailing it to the SECURITY Online, available at the USCIS website Status Verifier. at http://www.uscis.gov, or call the Applicants may check on the U.S. Citizenship and Immigration USCIS National Customer Service processing of additional verification Services Center at 800–375–5283 (TTY 800–767– 1833). through the SAVE Case Check web [OMB Control Number 1615–0057] portal, found at http://www.uscis.gov/ SUPPLEMENTARY INFORMATION: save/save-case-check. SAVE Case Check Agency Information Collection Comments permits applicants to use the SAVE Activities: Revision of a Currently The information collection notice was verification numbers associated with Approved Collection: Application for previously published in the Federal their benefit applications or the Certificate of Citizenship immigration identification numbers and Register on May 4, 2018, at 83 FR dates of birth provided to those benefit AGENCY: U.S. Citizenship and 19796, allowing for a 60-day public granting agencies to access this Immigration Services, Department of comment period. USCIS is publishing a information. Homeland Security. second Notice allowing for a 60-day In limited cases, agencies may query ACTION: 60-day notice. comment period to allow for comments USCIS by filing Form G–845 by mail. on additional changes to the form and Although the Form G–845 does not SUMMARY: The Department of Homeland instructions. You may access the information require it, if needed, certain agencies Security (DHS), U.S. Citizenship and collection instrument with instructions, may also file the Form G–845 Immigration (USCIS) invites the general or additional information by visiting the Supplement with the Form G–845, public and other Federal agencies to Federal eRulemaking Portal site at: along with copies of immigration comment upon this proposed revision of http://www.regulations.gov and enter documents to receive additional a currently approved collection of USCIS–2006–0023 in the search box. information necessary to make their information. In accordance with the Paperwork Reduction Act (PRA) of Regardless of the method used for benefit determinations. These forms submitting comments or material, all were developed to facilitate 1995, the information collection notice is published in the Federal Register to submissions will be posted, without communication between all benefit- change, to the Federal eRulemaking granting agencies and USCIS to ensure obtain comments regarding the nature of the information collection, the Portal at http://www.regulations.gov, that basic information required to assess and will include any personal status verification requests is provided. categories of respondents, the estimated burden (i.e. the time, effort, and information you provide. Therefore, (5) An estimate of the total number of submitting this information makes it respondents and the amount of time resources used by the respondents to respond), the estimated cost to the public. You may wish to consider estimated for an average respondent to limiting the amount of personal respond: The estimated total number of respondent, and the actual information collection instruments. information that you provide in any respondents for the information voluntary submission you make to DHS. DATES: Comments are encouraged and collection G–845 Verification Request is DHS may withhold information 162,106 and the estimated hour burden will be accepted for 60 days until October 15, 2018. provided in comments from public per response is 0.083 hours; for the viewing that it determines may impact information collection VIS Query the ADDRESSES: All submissions received the privacy of an individual or is estimated total number of respondents must include the OMB Control Number offensive. For additional information, is 23,293,981 and the estimated hour 1615–0057 in the body of the letter, the please read the Privacy Act notice that burden per response is 0.17 hours; for agency name and Docket ID USCIS– is available via the link in the footer of the information collection G–845, 2006–0023. To avoid duplicate http://www.regulations.gov. Verification Request Supplement, the submissions, please use only one of the Written comments and suggestions estimated total number of respondents following methods to submit comments: from the public and affected agencies is 7,122 and the estimated hour burden (1) Online. Submit comments via the should address one or more of the per response is 0.083 hours. Federal eRulemaking Portal website at following four points: (6) An estimate of the total public http://www.regulations.gov under e- (1) Evaluate whether the proposed burden (in hours) associated with the Docket ID number USCIS–2006–0023; collection of information is necessary collection: The total estimated annual (2) Mail. Submit written comments to for the proper performance of the hour burden associated with this DHS, USCIS, Office of Policy and functions of the agency, including collection is 3,974,023 hours. Strategy, Chief, Regulatory Coordination whether the information will have (7) An estimate of the total public Division, 20 Massachusetts Avenue NW, practical utility; burden (in cost) associated with the Washington, DC 20529–2140. (2) Evaluate the accuracy of the collection: The estimated total annual FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden of the cost burden associated with this USCIS, Office of Policy and Strategy, proposed collection of information,

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including the validity of the estimated hour burden per response is TE84363C; U.S. Fish and Wildlife methodology and assumptions used; 1.58 hours; the estimated total number Service; 1208 Main Street, Daphne, AL (3) Enhance the quality, utility, and of respondents for the information 36526; or Atlanta Regional Office, Attn: clarity of the information to be collection Biometrics is 67,000 and the Permit number TE84363C; U.S. Fish and collected; and estimated hour burden per response is Wildlife Service; 1875 Century (4) Minimize the burden of the 1.17 hours. Boulevard, Atlanta, GA 30345. collection of information on those who (6) An estimate of the total public In-person: You may deliver comments are to respond, including through the burden (in hours) associated with the during regular business hours at either use of appropriate automated, collection: The total estimated annual of the office addresses listed above electronic, mechanical, or other hour burden associated with this under U.S. mail. You may inspect the technological collection techniques or collection is 184,250 hours. application, HCP, and EA by other forms of information technology, (7) An estimate of the total public appointment during normal business e.g., permitting electronic submission of burden (in cost) associated with the hours at the same locations. responses. collection: The estimated total annual Email: You may email comments to cost burden associated with this [email protected]. Please include your Overview of This Information collection of information is $8,207,500. name and email address in your email Collection Dated: August 9, 2018. message. Use ‘‘Attn: Permit number (1) Type of Information Collection: Samantha L. Deshommes, TE84363C’’ in the subject line of your Revision of a Currently Approved email message. If you do not receive an Collection. Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship email from us confirming that we (2) Title of the Form/Collection: and Immigration Services, Department of received your email message, contact us Application for Certificate of Homeland Security. directly at either telephone number in Citizenship. [FR Doc. 2018–17533 Filed 8–14–18; 8:45 am] FOR FURTHER INFORMATION CONTACT. (3) Agency form number, if any, and BILLING CODE 9111–97–P FOR FURTHER INFORMATION CONTACT: Mr. the applicable component of the DHS David Dell, Regional HCP Coordinator, sponsoring the collection: N–600; at the Atlanta Regional Office (see USCIS. DEPARTMENT OF THE INTERIOR ADDRESSES) or by telephone at 404–679– (4) Affected public who will be asked 7313, or Mr. William Lynn, Project or required to respond, as well as a brief Fish and Wildlife Service Manager, at the Alabama Ecological abstract: Primary: Individuals or Services Office (see ADDRESSES) or by households. Form N–600 collects [FWS–R4–ES–2018–N097; telephone at 251–441–5868. If you use FXES11140400000–178–FF04EF2000] information from respondents who are a telecommunications device for the requesting a Certificate of Citizenship deaf (TDD), please call the Federal Relay because they acquired United States Endangered and Threatened Wildlife; Incidental Take Permit Application, Service at 800–877–8339. citizenship either by birth abroad to a Habitat Conservation Plan for the SUPPLEMENTARY INFORMATION: We, the U.S. citizen parent(s), adoption by a Alabama Beach Mouse, and Fish and Wildlife Service (Service), U.S. citizen parent(s) or after meeting Environmental Assessment for Gulf have received an application for an eligibility requirements after the Place East Parking Lot in Gulf Shores, incidental take permit (ITP) under the naturalization of a foreign born parent. AL Endangered Species Act of 1973, as This form is also used by applicants amended (ESA; 16 U.S.C. 1531 et seq.). requesting a Certificate of Citizenship AGENCY: Fish and Wildlife Service, The city of Gulf Shores, Alabama because they automatically became a Interior. (applicant), is requesting a 30-year ITP citizen of the United States after ACTION: Notice of availability; request for take of the federally listed Alabama meeting eligibility requirements for for comments and information. beach mouse (Peromyscus polionotus acquisition of citizenship by foreign ammobates) (covered species) SUMMARY: We, the Fish and Wildlife born children. Form N–600 can also be incidental to the construction of the Service (Service), have received an filed by a parent or legal guardian on Gulf Place East parking lot and application for an incidental take permit behalf of a minor child. The form amenities on a 4.14-acre property in (ITP) under the Endangered Species Act. standardizes requests for the benefit, Gulf Shores, Baldwin County, Alabama. The city of Gulf Shores, Alabama, is and ensures that basic information We request public comments on the requesting a 30-year ITP for take of the required to assess eligibility is provided permit application, which includes a federally listed Alabama beach mouse by applicants. proposed habitat conservation plan incidental to construction. We request USCIS uses the information collected (HCP), and an environmental public comments on the permit on Form N–600 to determine if a assessment (EA) prepared in accordance application, which includes a proposed Certificate of Citizenship can be issued with the National Environmental Policy habitat conservation plan, and an to the applicant. Citizenship acquisition Act (NEPA; 42 U.S.C. 4321 et seq.). laws have changed throughout the environmental assessment prepared in The applicant’s HCP describes the history of the INA and different laws accordance with the National activities that will be undertaken to apply to determine whether the Environmental Policy Act. construct the parking lot, as well as the applicant automatically became a U.S. DATES: To ensure consideration, please mitigation and minimization measures citizen. However, step children cannot send your written comments by proposed to address the impacts to the acquire U.S. citizenship under any September 14, 2018. covered species. Pursuant to NEPA, the provision of the INA. ADDRESSES: You may submit written EA analyzes the impacts that ITP (5) An estimate of the total number of comments and request copies of the issuance would have on the covered respondents and the amount of time application, including the HCP, and the species and the environment. estimated for an average respondent to EA by any one of the following respond: The estimated total number of methods: Environmental Assessment respondents for the information U.S. mail: Alabama Ecological The EA assesses the likely collection N–600 is 67,000 and the Services Office, Attn: Permit number environmental impacts associated with

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the implementation of the activities Authority DEPARTMENT OF THE INTERIOR described in the HCP (proposed action), including the consequences of the no- We provide this notice under section Bureau of Indian Affairs action alternative, the construction of 10 of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 [189 A2100DD/AAKC001030/ the parking lot with no conservation A0A501010.999900] measures alternative, and the proposed et seq.) and the ESA’s regulations, the action. The proposed action also National Environmental Policy Act Indian Gaming; Extension of Tribal- includes issuance of the ITP and (NEPA; 42 U.S.C. 4321 et seq.) and State Class III Gaming Compact implementation of the HCP as submitted NEPA regulations (40 CFR 1506.6). (Rosebud Sioux Tribe and the State of by the applicant. The applicant Mike Oetker, South Dakota) anticipates that the proposed action Acting Regional Director. AGENCY: Bureau of Indian Affairs, would result in the loss of [FR Doc. 2018–17606 Filed 8–14–18; 8:45 am] approximately 0.89 acres of occupied Interior. BILLING CODE 4333–15–P Alabama beach mouse habitat within ACTION: Notice. the 1.40-acre footprint of the project. SUMMARY: This notice announces the Habitat Conservation Plan DEPARTMENT OF THE INTERIOR extension of the Class III gaming The HCP covered area consists of 4.14 Bureau of Indian Affairs compact between the Rosebud Sioux acres of land owned by the applicant. Tribe and the State of South Dakota. The HCP includes measures to avoid, DATES: The extension takes effect on [189A2100DD/AAKC001030/ minimize, and mitigate impacts to the A0A501010.999900253G] August 15, 2018. Alabama beach mouse from FOR FURTHER INFORMATION CONTACT: Ms. construction of the parking lot. To Indian Gaming; Tribal-State Class III Paula L. Hart, Director, Office of Indian minimize impacts to the covered species Gaming Compact Taking Effect in the Gaming, Office of the Assistant and its habitat, the applicant reduced State of California Secretary—Indian Affairs, Washington, the footprint of the parking lot. Other DC 20240, (202) 219–4066. avoidance, minimization, and AGENCY: Bureau of Indian Affairs, SUPPLEMENTARY INFORMATION: An mitigation measures include, but are not Interior. extension to an existing tribal-state limited to, trapping and relocating the ACTION: Notice. Class III gaming compact does not species, dune enhancement and require approval by the Secretary if the restoration, installation of sand fencing, SUMMARY: The notice announces that the extension does not modify any other and creation of a dune enhancement Tribal-State Compact between the State terms of the compact. 25 CFR 293.5. The fund. The dune enhancement fund of California and the Elk Valley Rosebud Sioux Tribe and the State of would be used to enhance habitat Rancheria is taking effect. South Dakota have reached an elsewhere within the city limits of Gulf agreement to extend the expiration date DATES: This compact takes effect on Shores where Alabama beach mice may of their existing Tribal-State Class III August 15, 2018. be found. gaming compact to January 23, 2019. Public Comments FOR FURTHER INFORMATION CONTACT: Ms. This publishes notice of the new Paula L. Hart, Director, Office of Indian If you wish to comment on the permit expiration date of the compact. Gaming, Office of the Deputy Assistant application, HCP, or EA, you may Dated: August 9, 2018. Secretary—Policy and Economic submit comments by any one of the Tara Sweeney, Development, Washington, DC 20240, methods listed in ADDRESSES. (202) 219–4066. Assistant Secretary—Indian Affairs. [FR Doc. 2018–17550 Filed 8–14–18; 8:45 am] Public Availability of Comments SUPPLEMENTARY INFORMATION: Under BILLING CODE 4337–15–P Before including your address, phone section 11 of the Indian Gaming number, email address, or other Regulatory Act (IGRA) Public Law 100– personal identifying information in your 497, 25 U.S.C. 2701 et seq., the DEPARTMENT OF THE INTERIOR comment, be aware that your entire Secretary of the Interior shall publish in comment—including your personal the Federal Register notice of approved Bureau of Land Management identifying information—may be made Tribal-State compacts for the purpose of publicly available at any time. While [LLUT030000.L17110000.DJ0000.LXSS03 engaging in Class III gaming activities 7J0000] you may request in your comment that on Indian lands. As required by IGRA we withhold your personal identifying and 25 CFR 293.4, all compacts are Notice of Termination of the Livestock information, we cannot guarantee that subject to review and approval by the Grazing Monument Management Plan we will be able to do so. Secretary. The Secretary took no action Amendment and Environmental Impact Next Steps on the compact between the Elk Valley Statement, Utah Rancheria and the State of California We will evaluate the HCP, EA, and within 45 days of its submission. AGENCY: Bureau of Land Management, your comments to determine whether Therefore, the Compact is considered to Interior. the ITP application meets the permit have been approved, but only to the ACTION: Notice of Termination. issuance requirements of section 10(a) extent the Compact is consistent with of the ESA. We will also conduct an IGRA. See 25 U.S.C. 2710(d)(8)(C). SUMMARY: The preparation of an intra-Service consultation pursuant to Environmental Impact Statement (EIS) section 7 of the ESA. If the requirements Dated: August 9, 2018. associated with the Livestock Grazing for permit issuance are met, we will Tara Sweeney, Monument Management Plan issue ITP number TE84363C–0 to the Assistant Secretary—Indian Affairs. Amendment for the Grand Staircase applicant for incidental take of the [FR Doc. 2018–17548 Filed 8–14–18; 8:45 am] Escalante National Monument (GSENM) Alabama beach mouse. BILLING CODE 4337–15–P is superseded by a Monument Plan

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Revision and therefore is no longer Authority: 40 CFR 1506.6, 40 CFR of section 33 and a metes-and-bounds required. The process is hereby 1506.10. survey of the easterly and westerly terminated. Edwin L. Roberson, right-of-way lines of the Nevada Northern Railway Hiline through a State Director. DATES: Termination of the EIS process portion of section 33, Township 18 for a Livestock Grazing Monument [FR Doc. 2018–17611 Filed 8–14–18; 8:45 am] North, Range 64 East, Mount Diablo Management Plan Amendment takes BILLING CODE 4310–DQ–P Meridian, Nevada, under Group No. effect immediately. 854, was accepted on April 09, 2018. This survey was executed to meet FOR FURTHER INFORMATION CONTACT: Matt DEPARTMENT OF THE INTERIOR certain administrative needs of the Betenson, Associate Monument Bureau of Land Management Bureau of Land Management. Manager, telephone (435) 644–1200; 3. The Plat of Survey of the following address: 669 S Hwy 89A, Kanab, UT [LLNV952000 L14400000.BJ0000. described lands was officially filed at 84741; email: [email protected]. LXSSF2210000.241A; 13–08807; MO the Bureau of Land Management (BLM) Persons who use a telecommunications #4500124382; TAS: 14X1109] Nevada State Office, Reno, Nevada on device for the deaf (TDD) may call the May 04, 2018: Filing of Plats of Survey; NV Federal Relay Service (FRS) at 1–800– The plat, in one sheet, representing 877–8339 to contact the above AGENCY: Bureau of Land Management, the entire records of the corrective individual during normal business Interior. dependent resurvey of a portion of the hours. FRS is available 24 hours a day, ACTION: Notice. south boundary, Township 43 North, 7 days a week, to leave a message or Range 26 East, Mount Diablo Meridian, question with the above individual. You SUMMARY: The purpose of this notice is Nevada, under Group No. 970, was will receive a reply during normal to inform the public and interested State accepted on May 03, 2018. This survey business hours. and local government officials of the was executed to meet certain filing of Plats of Survey in Nevada. administrative needs of the Bureau of SUPPLEMENTARY INFORMATION: Pursuant DATES: Unless otherwise stated filing is Land Management. to Section 102(2)(c) of the National applicable at 10:00 a.m. on the dates 4. The Plat of Survey of the following Environmental Policy Act of 1969, as indicated below. described lands was officially filed at implemented by the Council on the Bureau of Land Management (BLM) FOR FURTHER INFORMATION CONTACT: Environmental Quality regulations (40 Nevada State Office, Reno, Nevada on Michael O. Harmening, Chief Cadastral CFR parts 1500–1508), the Bureau of May 04, 2018: Surveyor for Nevada, Bureau of Land Land Management (BLM) announced its The plat in two sheets, representing Management, Nevada State Office, 1340 intent to prepare an EIS. The Notice of the entire records of the dependent Financial Blvd., Reno, NV 89502–7147, Intent was published in the Federal resurvey of a portion of the phone: 775–861–6490. Persons who use subdivisional lines, and Mineral Survey Register on November 4, 2013. The Plan a telecommunications device for the Amendment would have considered No. 4864, Township 42 North, Range 62 deaf (TDD) may call the Federal East, Mount Diablo Meridian, Nevada, modifying land use decisions associated Information Relay Service (FIRS) at 1– with livestock grazing within the under Group No. 969, was accepted on 800–877–8339 to contact the above May 02, 2018. This survey was executed GSENM and portions of the Kanab Field individual during normal business Office, Arizona Strip Field Office, as to meet certain administrative needs of hours. The FIRS is available 24 hours a the Bureau of Land Management. well as lands managed by the National day, 7 days a week, to leave a message Park Service in the Glen Canyon 5. The Plat of the following described or question with the above individual. lands was officially filed at the Bureau National Recreation Area where GSENM You will receive a reply during normal of Land Management (BLM) Nevada administers grazing. business hours. State Office, Reno, Nevada on May 11, In 2013, the BLM determined that SUPPLEMENTARY INFORMATION: 1. The 2018: planning level decisions associated with Supplemental Plat of the following The plat in one sheet, representing the livestock grazing may need to be described lands was officially filed at dependent resurvey of a portion of the modified and initiated a Plan the Bureau of Land Management (BLM) subdivisional lines, Township 7 South, Amendment effort. On December 4, Nevada State Office, Reno, Nevada on Range 56 East, Mount Diablo Meridian, 2017, Presidential Proclamation 9682 April 04, 2018: Nevada, under Group No. 980, was modified the boundaries of the GSENM. The supplemental plat, in one sheet, accepted on May 09, 2018. This survey As a result of the boundary showing a subdivision of lots 2, 3, and was executed to meet certain modification, the BLM has initiated a 4, section 34, Township 20 South, administrative needs of the Bureau of full Resource Management Plan (RMP) Range 54 East, Mount Diablo Meridian, Land Management. revision for the BLM-administered lands Nevada, under Group No. 981, was 6. The Supplemental Plat of the that were previously part of this accepted April 3, 2018. This following described lands was officially analysis. The RMP revision will include supplemental plat was prepared to meet filed at the Bureau of Land Management consideration of livestock grazing in its certain administrative needs of the (BLM) Nevada State Office, Reno, planning-level decisions. The NOI for Bureau of Land Management. Nevada on June 18, 2018: 2. The Plat of Survey of the following The supplemental plat in one sheet, the RMP Revision was published on described lands was officially filed at showing the subdivision of lots 15 and January 16, 2018. the Bureau of Land Management (BLM) 16, section 20, Township 19 South, The amendment for livestock grazing Nevada State Office, Reno, Nevada on Range 62 East, Mount Diablo Meridian, is no longer necessary and the BLM April 12, 2018: Nevada, under Group No. 985, was hereby terminates preparation of the The plat, in one sheet, representing accepted June 14, 2018. This Livestock Grazing Monument the dependent resurvey of a portion of supplemental plat was prepared to meet Management Plan Amendment and the south boundary and a portion of the certain administrative needs of the associated EIS. subdivisional lines, and the subdivision Bureau of Land Management.

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The survey and supplemental plats The Commission is requesting a new While you may ask in your comment listed above, are now the basic record clearance to conduct voluntary that the Commission withhold your for describing the lands for all stakeholder surveys in order to: (i) personal identifying information from authorized purposes. These records Determine the stakeholders’ satisfaction public review, the Commission cannot have been placed in the open files in the with the level(s) of service, trainings, guarantee that it will be able to do so. BLM Nevada State Office and are and/or technical assistance provided by Analysis available to the public as a matter of the Commission; (ii) identify any information. Copies of the surveys and perceived weaknesses in those services, Title: Voluntary Stakeholders related field notes may be furnished to trainings, and/or technical assistance; Surveys. the public upon payment of the (iii) seek any other information on the Affected Public: Tribal governing appropriate fees. service, training, and/or technical bodies. Frequency: Twice annually. Dated: August 9, 2018. assistance received; (iv) seek suggestions on improving the product or Number of Respondents: 257. Michael O. Harmening, its format; and (v) seek suggestions for Annual Responses: 514. Chief Cadastral Surveyor for Nevada. other services, trainings, and/or Estimated Time per Respondent: 15 [FR Doc. 2018–17608 Filed 8–14–18; 8:45 am] technical assistance. This new minutes. BILLING CODE 4310–HC–P collection will be voluntary and the Burden Hours: 129. information gleaned from these surveys Dated: August 3, 2018. will be used to help direct service, Christinia Thomas, DEPARTMENT OF THE INTERIOR training, and/or technical assistance Chief of Staff (A). improvement efforts, and to assist the National Indian Gaming Commission Commission in better identifying the [FR Doc. 2018–17129 Filed 8–14–18; 8:45 am] BILLING CODE 7565–01–P Request for New Information needs of its stakeholders. The Collection Under the Paperwork Commission will take precautions to Reduction Act: Stakeholders Surveys ensure that the respondents are aware that they are not under any risk for not INTERNATIONAL TRADE AGENCY: National Indian Gaming responding or for the content of their COMMISSION Commission, Department of the Interior. responses. [Investigation Nos. 701–TA–609 and 731– The NIGC is particularly interested in ACTION: 60-Day notice of request for TA–1421 (Preliminary)] comments that: comments. 1. Evaluate whether the proposed Steel Trailer Wheels From China; SUMMARY: The National Indian Gaming collection of information is necessary Institution of Anti-Dumping and Commission (NIGC or Commission) for the proper performance of the Countervailing Duty Investigations and offers the general public and other functions of the agency, including Scheduling of Preliminary Phase federal agencies the opportunity to whether the information will have Investigations comment on a new proposed generic practical utility; 2. Evaluate the accuracy of the AGENCY: United States International information collection, i.e., voluntary agency’s estimate of the burden of the Trade Commission. stakeholders surveys to be conducted by proposed collection of information, ACTION: the NIGC. As required by the Paperwork Notice. including the validity of the Reduction Act of 1995 as amended by methodology and assumptions used; SUMMARY: The Commission hereby gives the Clinger-Cohen Act, the NIGC is 3. Enhance the quality, utility, and notice of the institution of investigations soliciting comments for this proposed clarity of the information to be and commencement of preliminary collection. collected; and phase antidumping and countervailing DATES: Submit comments on or before 4. Minimize the burden of the duty investigation Nos. 701–TA–609 October 15, 2018. collection of information on those who and 731–TA–1421 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the ADDRESSES: Comments can be mailed, are to respond, including through the Act’’) to determine whether there is a faxed, or emailed to the attention of: use of appropriate automated, reasonable indication that an industry Tim Osumi, National Indian Gaming electronic, mechanical, or other in the United States is materially Commission, 1849 C Street NW, Mail technological collection techniques or injured or threatened with material Stop #1621, Washington, DC 20240. other forms of information technology, injury, or the establishment of an Comments may be faxed to (202) 632– e.g., permitting electronic submissions industry in the United States is 7066 and may be sent electronically to of responses. Please note that an agency may not materially retarded, by reason of [email protected], subject: PRA renewals. conduct or sponsor, and an individual imports of steel trailer wheels from FOR FURTHER INFORMATION CONTACT: Tim need not respond to, a collection of China, provided for in subheading Osumi at (202) 632–7054; fax (202) 632– information unless it has a valid OMB 8716.90.50 of the Harmonized Tariff 7066 (not toll-free numbers). control number. It is the Commission’s Schedule of the United States, that are SUPPLEMENTARY INFORMATION: The policy to make all comments available alleged to be sold in the United States Indian Gaming Regulatory Act (IGRA or to the public for review at its at less than fair value and alleged to be the Act), 25 U.S.C. 2701, et seq., laid out headquarters, located at 90 K Street NE, subsidized by the Government of China. a comprehensive framework for the Suite 200, Washington, DC 20002. Unless the Department of Commerce regulation of gaming on Indian lands. Before including your address, phone (‘‘Commerce’’) extends the time for Amongst other actions necessary to number, email address, or other initiation, the Commission must reach a carry out the Commission’s statutory personal identifying information in your preliminary determination in duties, the Act directs the Commission comment, you should be aware that antidumping and countervailing duty to provide trainings and technical your entire comment—including your investigations in 45 days, or in this case assistance to tribal gaming operations personal identifying information—may by September 24, 2018. The regulated by IGRA. 25 U.S.C. 2706(d)(2). be made publicly available at any time. Commission’s views must be

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transmitted to Commerce within five available to authorized applicants Commission in connection with these business days thereafter, or by October representing interested parties (as investigations must certify that the 1, 2018. defined in 19 U.S.C. 1677(9)) who are information is accurate and complete to DATES: August 8, 2018. parties to the investigations under the the best of the submitter’s knowledge. In FOR FURTHER INFORMATION CONTACT: APO issued in the investigations, making the certification, the submitter Jordan Harriman (202) 205–2610, Office provided that the application is made will acknowledge that any information of Investigations, U.S. International not later than seven days after the that it submits to the Commission Trade Commission, 500 E Street SW, publication of this notice in the Federal during these investigations may be Washington, DC 20436. Hearing- Register. A separate service list will be disclosed to and used: (i) By the impaired persons can obtain maintained by the Secretary for those Commission, its employees and Offices, information on this matter by contacting parties authorized to receive BPI under and contract personnel (a) for the Commission’s TDD terminal on 202– the APO. developing or maintaining the records Conference.—The Commission’s 205–1810. Persons with mobility of these or related investigations or Director of Investigations has scheduled impairments who will need special reviews, or (b) in internal investigations, a conference in connection with these assistance in gaining access to the audits, reviews, and evaluations relating investigations for 9:30 a.m. on Commission should contact the Office to the programs, personnel, and Wednesday, August 29, 2018, at the U.S. of the Secretary at 202–205–2000. operations of the Commission including International Trade Commission General information concerning the under 5 U.S.C. Appendix 3; or (ii) by Building, 500 E Street SW, Washington, Commission may also be obtained by U.S. government employees and DC. Requests to appear at the conference accessing its internet server (https:// contract personnel, solely for should be emailed to cybersecurity purposes. All contract www.usitc.gov). The public record for [email protected] (DO this investigation may be viewed on the personnel will sign appropriate NOT FILE ON EDIS) on or before nondisclosure agreements. Commission’s electronic docket (EDIS) August 27, 2018. Parties in support of at https://edis.usitc.gov. the imposition of countervailing and Authority: These investigations are being SUPPLEMENTARY INFORMATION: conducted under authority of title VII of the antidumping duties in these Tariff Act of 1930; this notice is published Background.—These investigations investigations and parties in opposition are being instituted, pursuant to pursuant to section 207.12 of the to the imposition of such duties will Commission’s rules. sections 703(a) and 733(a) of the Tariff each be collectively allocated one hour Act of 1930 (19 U.S.C. 1671b(a) and within which to make an oral By order of the Commission. 1673b(a)), in response to a petition filed presentation at the conference. A Issued: August 9, 2018. on August 8, 2018, by Dexstar Wheel, nonparty who has testimony that may Lisa Barton, Elkhart, Indiana. aid the Commission’s deliberations may Secretary to the Commission. For further information concerning request permission to present a short [FR Doc. 2018–17471 Filed 8–14–18; 8:45 am] the conduct of these investigations and statement at the conference. BILLING CODE 7020–02–P rules of general application, consult the Written submissions.—As provided in Commission’s Rules of Practice and sections 201.8 and 207.15 of the Procedure, part 201, subparts A and B Commission’s rules, any person may INTERNATIONAL TRADE (19 CFR part 201), and part 207, submit to the Commission on or before COMMISSION subparts A and B (19 CFR part 207). September 4, 2018, a written brief Participation in the investigations and containing information and arguments [Investigation Nos. 701–TA–608 and 731– public service list.—Persons (other than pertinent to the subject matter of the TA–1420 (Preliminary)] petitioners) wishing to participate in the investigations. Parties may file written Steel Racks From China investigations as parties must file an testimony in connection with their entry of appearance with the Secretary presentation at the conference. All Determinations to the Commission, as provided in written submissions must conform with On the basis of the record 1 developed sections 201.11 and 207.10 of the the provisions of section 201.8 of the in the subject investigations, the United Commission’s rules, not later than seven Commission’s rules; any submissions States International Trade Commission days after publication of this notice in that contain BPI must also conform with (‘‘Commission’’) determines, pursuant the Federal Register. Industrial users the requirements of sections 201.6, to the Tariff Act of 1930 (‘‘the Act’’), and (if the merchandise under 207.3, and 207.7 of the Commission’s that there is a reasonable indication that investigation is sold at the retail level) rules. The Commission’s Handbook on an industry in the United States is representative consumer organizations E-Filing, available on the Commission’s materially injured by reason of imports have the right to appear as parties in website at https://edis.usitc.gov, of steel racks from China that are alleged Commission antidumping duty and elaborates upon the Commission’s rules to be sold in the United States at less countervailing duty investigations. The with respect to electronic filing. Secretary will prepare a public service In accordance with sections 201.16(c) than fair value (‘‘LTFV’’) and to be list containing the names and addresses and 207.3 of the rules, each document subsidized by the government of 23 of all persons, or their representatives, filed by a party to the investigations China. who are parties to these investigations must be served on all other parties to upon the expiration of the period for the investigations (as identified by 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 filing entries of appearance. either the public or BPI service list), and CFR 207.2(f)). Limited disclosure of business a certificate of service must be timely 2 Steel Racks From the People’s Republic of proprietary information (BPI) under an filed. The Secretary will not accept a China: Initiation of Less-Than-Fair-Value administrative protective order (APO) document for filing without a certificate Investigation 83 FR 33195 (July 17, 2018) and and BPI service list.—Pursuant to of service. Certain Steel Racks From the People’s Republic of China: Initiation of Countervailing Duty section 207.7(a) of the Commission’s Certification.—Pursuant to section Investigation 83 FR 33201 (July 17, 2018). rules, the Secretary will make BPI 207.3 of the Commission’s rules, any 3 Commissioner Meredith M. Broadbent not gathered in these investigations person submitting information to the participating.

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Commencement of Final Phase of the Secretary, U.S. International (xvii) Fox Sports Sun; (xviii) Fox Sports Investigations Trade Commission, Washington, DC, Tennessee; (xix) Fox Sports West; (xx) Pursuant to section 207.18 of the and by publishing the notice in the Prime Ticket; (xxi) Fox Sports Commission’s rules, the Commission Federal Register of June 26, 2018 (83 FR Wisconsin; and (xxii) the YES Network. also gives notice of the commencement 29822). The conference was held in Copies of the Complaint, proposed of the final phase of its investigations. Washington, DC, on July 11, 2018, and Final Judgment, and Competitive Impact The Commission will issue a final phase all persons who requested the Statement are available for inspection notice of scheduling, which will be opportunity were permitted to appear in on the Antitrust Division’s website at published in the Federal Register as person or by counsel. http://www.justice.gov/atr and at the provided in section 207.21 of the The Commission made these Office of the Clerk of the United States Commission’s rules, upon notice from determinations pursuant to sections District Court for the Southern District the U.S. Department of Commerce 703(a) and 733(a) of the Act (19 U.S.C. of New York. Copies of these materials (‘‘Commerce’’) of affirmative 1671b(a) and 1673b(a)). It completed may be obtained from the Antitrust preliminary determinations in the and filed its determinations in these Division upon request and payment of investigations under sections 703(b) or investigations on August 6, 2018. The the copying fee set by Department of 733(b) of the Act, or, if the preliminary views of the Commission are contained Justice regulations. determinations are negative, upon in USITC Publication 4811 (August Public comment is invited within 60 notice of affirmative final 2018), entitled Steel Racks from China: days of the date of this notice. Such determinations in those investigations Investigation Nos. 701–TA–608 and comments, including the name of the under sections 705(a) or 735(a) of the 731–TA–1420 (Preliminary). submitter, and responses thereto, will be Act. Parties that filed entries of By order of the Commission. posted on the Antitrust Division’s appearance in the preliminary phase of Issued: August 9, 2018. website, filed with the Court, and, under certain circumstances, published in the the investigations need not enter a Lisa Barton, Federal Register. Comments should be separate appearance for the final phase Secretary to the Commission. of the investigations. Industrial users, directed to Owen M. Kendler, Chief, [FR Doc. 2018–17476 Filed 8–14–18; 8:45 am] Media, Entertainment, and Professional and, if the merchandise under BILLING CODE 7020–02–P investigation is sold at the retail level, Services Section, Antitrust Division, representative consumer organizations Department of Justice, Washington, DC have the right to appear as parties in 20530, (telephone: 202–305–8376). DEPARTMENT OF JUSTICE Commission antidumping and Patricia A. Brink, countervailing duty investigations. The Antitrust Division Director of Civil Enforcement. Secretary will prepare a public service United States District Court for the list containing the names and addresses United States v. The Walt Disney Southern District of New York of all persons, or their representatives, Company, et al.; Proposed Final who are parties to the investigations. Judgment and Competitive Impact United States of America, Plaintiff, v. The Statement Walt Disney Company, and Twenty-First Background Century Fox, Inc., Defendants. On June 20, 2018, the Coalition for Notice is hereby given pursuant to the Civil Action No.: 1:18-cv-05800 (CM)(KNF) Fair Rack Imports 4 filed petitions with Antitrust Procedures and Penalties Act, the Commission and Commerce, 15 U.S.C. § 16(b)–(h), that a proposed COMPLAINT alleging that an industry in the United Final Judgment, Stipulation, and The United States of America, acting States is materially injured or Competitive Impact Statement have under the direction of the Attorney threatened with material injury by been filed with the United States General of the United States, brings this reason of subsidized imports of steel District Court for the Southern District civil action to enjoin the acquisition by racks from China and LTFV imports of of New York in United States of The Walt Disney Company (‘‘Disney’’) steel racks from China. Accordingly, America v. The Walt Disney Company, of certain assets and businesses of effective June 20, 2018, the Commission, et al., Civil Action No. 1:18–cv–05800. Twenty-First Century Fox, Inc. (‘‘Fox’’) pursuant to sections 703(a) and 733(a) of On June 27, 2018, the United States and to obtain other equitable relief. the Act (19 U.S.C. 1671b(a) and filed a Complaint alleging that The Walt I. NATURE OF THE ACTION 1673b(a)), instituted countervailing duty Disney Company’s proposed acquisition investigation No. 701–TA–608 and of certain assets from Twenty-First 1. Cable sports programming is one of antidumping duty investigation No. Century Fox, Inc. would violate Section the most popular forms of entertainment 731–TA–1420 (Preliminary). 7 of the Clayton Act, 15 U.S.C. 18. The in the United States. Disney’s proposed Notice of the institution of the proposed Final Judgment, filed at the acquisition of Fox’s assets would Commission’s investigations and of a same time as the Complaint, requires combine two of the country’s most public conference to be held in The Walt Disney Company to divest valuable cable sports properties— connection therewith was given by Fox’s interests in the following regional Disney’s ESPN franchise of networks posting copies of the notice in the Office sports networks: (i) Fox Sports Arizona; and Fox’s portfolio of Regional Sports (ii) Fox Sports Carolinas; (iii) Fox Sports Networks (‘‘RSNs’’)—and thereby likely 4 Members of the Coalition are Bulldog Rack Detroit; (iv) Fox Sports Florida; (v) Fox substantially lessen competition in the Company, Weirton, West Virginia; Hannibal Sports Indiana; (vi) Fox Sports Kansas multiple Designated Market Areas Industries, Inc., Los Angeles, California; Husky Rack and Wire, Denver, North Carolina; Ridg-U- City; (vii) Fox Sports Midwest; (viii) Fox (‘‘DMAs’’) throughout the United States Rak, Inc., North East, Pennsylvania; SpaceRAK, A Sports New Orleans; (ix) Fox Sports in which these two firms compete. Division of Heartland Steel Products, Inc., North; (x) Fox Sports Ohio; (xi) 2. Pursuant to an Agreement and Plan Marysville, Michigan; Speedrack Products Group, SportsTime Ohio; (xii) Fox Sports of Merger dated December 13, 2017, as Ltd., Sparta, Michigan; Steel King Industries, Inc., Stevens Point, Wisconsin; Tri-Boro Shelving & Oklahoma; (xiii) Fox Sports San Diego; amended on June 20, 2018, Disney Partition Corp., Farmville, Virginia; and UNARCO (xiv) Fox Sports South; (xv) Fox Sports agreed to acquire certain assets and Material Handling, Inc., Springfield, Tennessee. Southeast; (xvi) Fox Sports Southwest; businesses, including Fox’s ownership

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of or interests in its RSNs, FX cable the following RSNs: (i) Fox Sports Sports Oklahoma, (xiii) Fox Sports San networks, National Geographic cable Arizona, (ii) Fox Sports Carolinas, (iii) Diego, (xiv) Fox Sports South, (xv) Fox networks, television studio, Hulu, film Fox Sports Detroit, (iv) Fox Sports Sports Southeast, (xvi) Fox Sports studio, and international television Florida, (v) Fox Sports Indiana, (vi) Fox Southwest, (xvii) Fox Sports Sun, (xviii) businesses, (the ‘‘Sale Assets’’) from Fox Sports Kansas City, (vii) Fox Sports Fox Sports Tennessee, (xix) Fox Sports for approximately $71.3 billion (the Midwest, (viii) Fox Sports New Orleans, West, (xx) Prime Ticket, (xxi) Fox Sports ‘‘Transaction’’). Fox operates and (ix) Fox Sports North, (x) Fox Sports Wisconsin, and (xxii) the YES Network. proposes to sell to Disney its interests in Ohio, (xi) SportsTime Ohio, (xii) Fox

3. An RSN is a cable network that the DMAs comprising the ‘‘home’’ proposed Transaction likely would telecasts live games of one or more local territory of the team or teams carried on substantially lessen competition in professional sports team—i.e., a ‘‘home’’ the RSN; whereas, licenses for national those markets in violation of Section 7 team or teams within that particular television networks typically comprise of the Clayton Act, 15 U.S.C. § 18. region. An RSN’s contract with a local all DMAs in a MVPD’s footprint. II. JURISDICTION, VENUE, AND sports team typically provides the RSN Disney’s and Fox’s cable sports COMMERCE with the exclusive rights, within a television programming compete head- team’s local region, to telecast live to-head to be carried on MVPDs in all 6. The United States brings this action nearly all that team’s games. the DMAs where Fox’s RSNs are pursuant to Section 15 of the Clayton Collectively, the Fox RSNs are the located: Phoenix, Arizona; Detroit, Act, 15 U.S.C. § 25, to prevent and largest group of commonly controlled Michigan; Milwaukee, Wisconsin; restrain Disney and Fox from violating RSNs. In the aggregate, the Fox RSNs Cleveland, Ohio; Cincinnati, Ohio; Section 7 of the Clayton Act, 15 U.S.C. have approximately 61 million Columbus, Ohio; Miami, Florida; § 18. subscribers across the country and have Oklahoma City, Oklahoma; Tampa Bay, 7. The Court has subject-matter rights to telecast live games of 44 of 91 Florida; Dallas, Texas; St. Louis, jurisdiction over this action pursuant to (48%) U.S. professional sports teams in Missouri; Atlanta, Georgia; Indianapolis, Section 15 of the Clayton Act, 15 U.S.C. three of the four major sports leagues: Indiana; Orlando, Florida; San Antonio, § 25, and 28 U.S.C. §§ 1331, 1337(a), and Major League Baseball (‘‘MLB’’), the Texas; Minneapolis, Minnesota; 1345. National Basketball Association Nashville, Tennessee; Memphis, 8. Disney and Fox are engaged in (‘‘NBA’’) and the National Hockey Tennessee; San Diego, California; interstate commerce and in activities League (‘‘NHL’’). More specifically, the Raleigh-Durham, North Carolina; New substantially affecting interstate Fox RSNs have the local rights to 15 of Orleans, Louisiana; Kansas City, Kansas; commerce. They each license 30 (50%) MLB teams, 17 of 30 (57%) Charlotte, North Carolina; Los Angeles, programming to MVPDs located across NBA teams, and 12 of 31 (39%) NHL California; and New York, New York the country in exchange for license, or teams. (collectively, the ‘‘DMA Markets’’). ‘‘affiliate,’’ fees. They each own and 4. Cable sports television networks— 5. If consummated, the proposed operate television networks that are including RSNs—compete to be carried acquisition would eliminate the distributed to viewers throughout the in the programming packages that substantial head-to-head competition United States. Their television multichannel video programming that currently exists between Disney programming licenses have had a distributors (‘‘MVPDs’’), such as and Fox and would likely result in substantial effect on interstate Comcast, Charter, DISH, and FiOS, offer higher prices for cable sports commerce. to their subscribers. For RSNs, the programming in each of the DMA 9. Defendants have consented to carriage license typically is limited to Markets. Consequently, Defendants’ venue and personal jurisdiction in this

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District. Venue is also proper in this 15. Sports programming is important increase in the HHI of more than 200 District under Section 12 of the Clayton to MVPDs because sports viewers points are presumed to be likely to Act, 15 U.S.C. § 22, and 28 U.S.C. comprise an important customer group enhance market power. § 1391(c). for MVPDs, and MVPDs could not 21. Using 2017 gross cable sports attract many of these sports viewers programming revenue, in each of the III. THE DEFENDANTS without including sports television DMA Markets, the combination of 10. Disney is a Delaware corporation programming in the MVPDs’ packages of Disney and the Fox Sale Assets would headquartered in Burbank, California. It available networks. result in HHIs in excess of 2,500 and reported revenue of $55 billion for fiscal 16. For MVPDs, sports programming involve an increase in the HHI of more year 2017. Disney owns various on broadcast television is unlikely a than 200. Therefore, in each DMA television programming assets, sufficient substitute for cable sports Market, the HHI levels are above the including 80% of ESPN—a sports programming. MVPDs do not typically thresholds at which a merger is entertainment company that operates consider broadcast networks as presumed likely to enhance market several domestic sports television providing the same type of content as power. networks. Disney’s other television cable networks like ESPN and the RSNs. 22. For example, in the Detroit DMA programming assets include: (i) the ABC Broadcast networks and their affiliates Market, where Fox operates Fox Sports television network; (ii) eight owned- aim to have broad appeal by offering a Detroit, the Transaction would result in and-operated ABC broadcast stations; variety of highly-rated programming a post-merger HHI of over 4,000 with an (iii) Disney-branded television content including primetime increase of over 1,400. Therefore, in this networks; and (iv) Freeform, a television entertainment shows, syndicated shows, market, the Transaction results in a network geared toward teenagers and and local and national news and presumptively anticompetitive level of young adults. weather in addition to sports, with concentration. Similarly, the 11. Fox is a Delaware corporation marquee sports events making up a Transaction would result in headquartered in New York, New York. small percentage of a broadcast presumptively anticompetitive levels of It reported revenue of $28.5 billion for network’s airtime. For that reason, concentration in each of the other DMA Markets. fiscal year 2017. The Fox Sale Assets, MVPDs do not typically consider 23. In addition to substantially which include several television broadcast network programming as a replacement for cable sports increasing concentration levels in each programing assets and all of the Fox of the DMA Markets, the proposed RSNs, generated $19 billion in revenue programming. 17. Accordingly, a hypothetical Transaction would combine cable sports for fiscal year 2017. monopolist of all cable sports networks that are at least partial IV. RELEVANT MARKETS programming in a DMA Market likely substitutes. Accordingly, the proposed would profitably increase licensing fees Transaction would likely diminish 12. The licensing of cable sports to MVPDs in that DMA Market by at competition in the negotiation of programming to MVPDs constitutes a least a small but significant amount. licenses for cable sports programming relevant product market and line of with MVPDs that have subscribers in commerce under Section 7 of the V. LIKELY ANTICOMPETITIVE the DMA Markets. Post-acquisition, Clayton Act. This includes licensing to EFFECTS Disney would gain the ability to both MVPDs and virtual MVPDs. Cable 18. The cable sports programming threaten MVPDs in each of the DMA sports programming includes cable market in nearly all of the DMA Markets Markets with the simultaneous blackout networks that devote a substantial is already highly concentrated. As a of two of the most significant cable portion of programming time to airing result of the Transaction, Disney’s networks carrying sports programming: live sports events, such as MLB games. networks would account for at least 60 ESPN and a local RSN. ESPN and the 13. The DMA Markets constitute percent of cable sports programming local Fox RSN generate the highest and geographic markets under Section 7 of revenue in 19 of the DMA Markets and second-highest affiliate fees per the Clayton Act. A DMA is a over 45 percent in the remaining six subscriber in most of the 25 DMAs, and geographical unit for which A.C. DMA Markets. Consequently, bringing they are among the networks that Nielsen Company—a firm that surveys Disney’s ESPN networks and Fox’s generate the highest affiliate fees per television viewers—furnishes MVPDs, RSNs under common ownership would subscriber in every one of the 25 DMAs. among others, with data to aid in significantly concentrate the cable 24. The threat of double blackouts in evaluating audience size and sports programming market in each of the DMA Markets—and the resulting composition in a particular area. DMAs the DMA Markets. disproportionate loss of an MVPD’s are widely accepted by MVPDs as the 19. Market concentration is often a subscribers and profits—likely would standard geographic area to use in useful indicator of the likely significantly strengthen Disney’s evaluating television audience size and competitive effects of a merger. The bargaining position with MVPDs. Before demographic composition. The Federal more concentrated a market, and the the merger, an MVPD’s failure to reach Communications Commission also uses more a transaction would increase an agreement with Disney could result DMAs as geographic units with respect concentration in a market, the more in a blackout of Disney’s networks in to its MVPD regulations. likely it is that the transaction would the MVPD’s footprint and threaten it 14. Disney and Fox license cable result in a meaningful reduction in with some subscriber loss. But the sports programming to MVPDs in each competition that harms consumers. MVPD would still be able to offer the of the DMA Markets in which MVPDs 20. The Herfindahl-Hirschman Index sports programming on Fox’s RSNs provide programming to subscribers as (‘‘HHI’’) is a standard measure of market during a Disney blackout, thereby part of bundled channel packages. concentration. Under the Horizontal minimizing subscription cancellations. Disney’s and Fox’s cable sports Merger Guidelines issued by the After the merger, an MVPD negotiating programming in each of the DMA Department of Justice and the Federal with Disney would face the prospect of Markets generates a significant amount Trade Commission, mergers resulting in a dual blackout of ESPN and the local of revenue through licensing fees to highly concentrated markets (with an RSN in one or more DMA Markets, MVPDs in those markets. HHI in excess of 2,500) that involve an likely resulting in disproportionately

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more subscriber loss. Because the c. award the United States the costs of AND WHEREAS, the essence of this leverage that a television programmer this action; and Final Judgment is the prompt and has in negotiations with the MVPD is d. award such other relief to the certain divestiture of certain rights or derived at least in part from its leverage United States as the Court may assets by Disney to assure that within each DMA Market in the MVPD’s deem just and proper. competition is not substantially footprint, the threat of a dual blackout lessened; Dated: June 27, 2018 would likely cause an MVPD to accede AND WHEREAS, the United States to a demand by Disney for higher Respectfully submitted, requires Disney to make certain license fees. For these reasons, the loss FOR PLAINTIFF UNITED STATES OF divestitures for the purpose of of competition between Disney and the AMERICA remedying the loss of competition lllllllllllllllllllll Fox Sale Assets in each DMA Market alleged in the Complaint; would likely lead to an increase in total MAKAN DELRAHIM AND WHEREAS, Disney has licensing fees in each DMA Market and, Assistant Attorney General for Antitrust lllllllllllllllllllll represented to the United States that the because increased licensing fees divestitures required below can and will typically are passed on to consumers, ANDREW C. FINCH be made and that defendants will later would result in higher subscription fees Principal Deputy Assistant Attorney General raise no claim of hardship or difficulty lllllllllllllllllllll for customers of MVPDs. as grounds for asking the Court to PATRICIA A. BRINK modify any of the divestiture provisions VI. ABSENCE OF COUNTERVAILING Director of Civil Enforcement FACTORS contained below; lllllllllllllllllllll NOW THEREFORE, before any 25. Entry would not be timely, likely OWEN M. KENDLER testimony is taken, without trial or or sufficient to prevent the Transaction’s Chief, Media, Entertainment & Professional adjudication of any issue of fact or law, likely anticompetitive effects. Services Section and upon consent of the parties, it is Professional sport teams auction the lllllllllllllllllllll ORDERED, ADJUDGED, AND exclusive rights to telecast their games YVETTE TARLOV DECREED: under long-term contracts. Because Assistant Chief, Media, Entertainment & these contracts typically last many Professional Services Section I. JURISDICTION years, there are infrequent opportunities lllllllllllllllllllll This Court has jurisdiction over the for entrants to bid for these highly CRAIG D. MINERVA subject matter of, and each of the parties valuable licensing rights. LEE F. BERGER to, this action. The Complaint states a 26. Defendants cannot demonstrate JEREMY EVANS claim upon which relief may be granted acquisition-specific and cognizable RACHEL FLIPSE against defendants under Section 7 of BRIAN HANNA efficiencies that would be sufficient to the Clayton Act, as amended, 15 U.S.C. offset the proposed acquisition’s likely MARK MERVA KATE RIGGS § 18. anticompetitive effects. LAUREN RIKER II. DEFINITIONS VII. VIOLATIONS ALLEGED MONSURA SIRAJEE ADAM C. SPEEGLE As used in this Final Judgment: 27. Disney’s proposed acquisition of LOWELL STERN A. ‘‘Disney’’ means defendant The the Fox Sale Assets likely would United States Department of Justice, Walt Disney Company, a Delaware substantially lessen competition in Antitrust Division, Media, Entertainment & corporation headquartered in Burbank, interstate trade and commerce, in Professional, Services Section, 450 Fifth California, its successors and assigns, violation of Section 7 of the Clayton Street NW, Suite 4000, Washington, DC and its subsidiaries, divisions, groups, Act, 15 U.S.C. § 18. The proposed 20530, Telephone: (202) 353–2384, affiliates, partnerships, and joint acquisition likely would: Facsimile: (202) 514–730 ventures, and their directors, officers, a. substantially lessen competition in United States District Court for the managers, agents, and employees. the licensing of cable sports Southern District of New York B. ‘‘Fox’’ means defendant Twenty- programming in each of the DMA First Century Fox, Inc., a Delaware Markets; United States of America, Plaintiff, v. The corporation headquartered in New York, b. eliminate actual and potential Walt Disney Company, and Twenty-First Century Fox, Inc., Defendants. New York, its successors and assigns, competition among Disney and Fox and its subsidiaries, divisions, groups, in the licensing of cable sports PROPOSED FINAL JUDGMENT affiliates, partnerships, and joint programming in each of the DMA ventures, and their directors, officers, WHEREAS, Plaintiff, the United Markets; and managers, agents, and employees. States of America, filed its Complaint on c. cause prices for cable sports C. ‘‘Acquirer’’ means an entity to June 27, 2018, and defendant The Walt programming in each of the DMA which defendants divest any of the Disney Company (‘‘Disney’’) and Markets to increase. Divestiture Assets. defendant Twenty-First Century Fox, D. ‘‘Fox RSNs’’ means all of Fox’s VIII. REQUEST FOR RELIEF Inc. (‘‘Fox’’), by their respective interests in the following video attorneys, have consented to the entry of 28. The United States requests that networks or programming assets: the Court: this Final Judgment without trial or (1) Fox Sports Arizona; a. adjudge the proposed acquisition to adjudication of any issue of fact or law, (2) Fox Sports Carolinas; violate Section 7 of the Clayton Act, and without this Final Judgment (3) Fox Sports Detroit; 15 U.S.C. § 18; constituting any evidence against or (4) Fox Sports Florida; b. permanently enjoin and restrain admission by any party regarding any (5) Fox Sports Indiana; Defendants from carrying out the issue of fact or law; (6) Fox Sports Kansas City; Transaction, or entering into any AND WHEREAS, defendants agree to (7) Fox Sports Midwest; other agreement, understanding, or be bound by the provisions of this Final (8) Fox Sports New Orleans; plan by which Disney would Judgment pending its approval by the (9) Fox Sports North; acquire the Fox Sale Assets; Court; (10) Fox Sports Ohio;

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(11) SportsTime Ohio; purchaser to be bound by the provisions responsibility is the production and (12) Fox Sports Oklahoma; of this Final Judgment. Disney need not operation of the Divestiture Assets. (13) Fox Sports San Diego; obtain such an agreement from the D. Defendants shall permit the (14) Fox Sports South; Acquirer(s) of the assets divested prospective Acquirer(s) of the (15) Fox Sports Southeast; pursuant to this Final Judgment. Divestiture Assets to have reasonable (16) Fox Sports Southwest; access to personnel and to make (17) Fox Sports Sun; IV. DIVESTITURES inspections of the Divestiture Assets; (18) Fox Sports Tennessee; A. Disney is ordered and directed, access to any and all environmental, (19) Fox Sports West; within ninety (90) calendar days after zoning, and other permit documents (20) Prime Ticket; the closing of the Transaction, or five (5) and information; and access to any and (21) Fox Sports Wisconsin; and calendar days after notice of entry of all financial, operational, or other (22) the YES Network. documents and information customarily E. ‘‘Divestiture Assets’’ means all of this Final Judgment by the Court, whichever is later, to divest the provided as part of a due diligence Fox’s interests in the Fox RSNs, process. including all of the assets, tangible or Divestiture Assets in a manner consistent with this Final Judgment to E. Disney shall warrant to the intangible, necessary for the operations Acquirer(s) that each Divestiture Asset of the Fox RSNs as viable, ongoing one or more Acquirers acceptable to the United States, in its sole discretion. The will be operational on the date of sale. video networks or programming assets, F. Defendants shall not take any including, but not limited to, all real United States, in its sole discretion, may agree to one or more extensions of this action that will impede in any way the property (owned or leased), all permitting, operation, or divestiture of broadcast equipment, office furniture, time period not to exceed ninety (90) calendar days in total, and shall notify the Divestiture Assets. fixtures, materials, supplies, and other G. Disney shall warrant to the the Court in such circumstances. With tangible property; all licenses, permits Acquirer(s) (1) that there are no material respect to divestiture of the Divestiture and authorizations issued by any defects in the environmental, zoning, or Assets by Disney or a trustee appointed governmental organization relating to other permits pertaining to the pursuant to Section V of this Final the operation of the asset; all contracts operation of each Divestiture Asset, and Judgment, Disney agrees to use its best (including content, programming and (2) that following the sale of the distribution contracts and rights), efforts to divest the Divestiture Assets as Divestiture Assets, Disney will not agreements (including transition expeditiously as possible after the undertake, directly or indirectly, any services agreements), leases, and closing of the Transaction. For the challenges to the environmental, zoning, commitments and understanding of avoidance of doubt, nothing in this or other permits relating to the defendants; all trademarks, service Final Judgment shall require Fox to operation of the Divestiture Assets. marks, trade names, copyrights, patents, divest any of the Divestiture Assets H. Notwithstanding Paragraph II(E), slogans, programming materials, and prior to the closing of the Transaction. that the Divestiture Assets do not promotional materials relating to each B. In accomplishing the divestiture include trademarks, trade names, video network; all customer lists, ordered by this Final Judgment, Disney service marks, or service names contracts, accounts, credit records, and promptly shall make known, by usual containing the name ‘‘Fox,’’ the all logs and other records maintained by and customary means, the availability of defendants shall offer any Acquirer(s) of Fox in connection with each video the Divestiture Assets. Disney shall a Fox RSN a non-exclusive royalty-free network. Except as set forth in inform any person making an inquiry license for use of the ‘‘Fox’’ trademark Paragraph IV(H) of this Final Judgment, regarding a possible purchase of the consistent with that RSN’s current usage Divestiture Assets do not include Divestiture Assets that they are being of that trademark for a time period of at trademarks, trade names, service marks, divested pursuant to this Final least eighteen (18) months. or service names containing the name Judgment and provide that person with I. At the option of Acquirer(s), on or ‘‘Fox.’’ a copy of this Final Judgment. before the closing date of any F. The term ‘‘Transaction’’ means the Defendants shall offer to furnish to all divestiture, Disney shall enter into one transaction that is the subject of the prospective Acquirers, subject to or more transition services agreements, Agreement and Plan of Merger among customary confidentiality assurances, approved in advance by the United Twenty-First Century Fox, Inc., The all information and documents relating States in its sole discretion, to provide Walt Disney Company, TWDC Holdco to the Divestiture Assets customarily any transition services reasonably 613 corp., WDC Merger Enterprises II provided in a due diligence process, necessary to operate any Divestiture Corp., and WDC Merger Enterprises I, except such information or documents Assets as viable, ongoing video LLC, dated June 20, 2018. subject to the attorney-client privilege or networks or programming assets. work-product doctrine. Defendants shall J. Unless the United States otherwise III. APPLICABILITY make available such information to the consents in writing, the divestitures A. This Final Judgment applies to United States at the same time that such pursuant to Section IV, or by trustee Disney and Fox, as defined above, and information is made available to any appointed pursuant to Section V of this all other persons in active concert or other person. Final Judgment, shall include the entire participation with any of them who C. Defendants shall provide the Divestiture Assets and be accomplished receive actual notice of this Final Acquirer(s) and the United States in such a way as to satisfy the United Judgment by personal service or information relating to the personnel States, in its sole discretion, that the otherwise. involved in the production and Divestiture Assets can and will be used B. If, after the closing and prior to operation of the Divestiture Assets to by the Acquirer(s) as part of a viable, complying with Section IV and Section enable the Acquirer(s) to make offers of ongoing business of selling, supplying, V of this Final Judgment, Disney sells or employment. Defendants will not or licensing video programming. otherwise disposes of all or interfere with any negotiations by the Divestiture of the Divestiture Assets substantially all of the assets or lesser Acquirer(s) to employ upon closing of may be made to one or more Acquirers, business units that include the the sale of each of the Divestiture Assets provided that in each instance it is Divestiture Assets, it shall require the any defendant employee whose primary demonstrated to the sole satisfaction of

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the United States that the Divestiture C. Defendants shall not object to a sale United States and, as appropriate, the Assets will remain viable, and the by the trustee on any ground other than Court setting forth the trustee’s efforts to divestiture of such assets will achieve the trustee’s malfeasance. Any such accomplish the divestitures ordered the purposes of this Final Judgment and objections by defendants must be under this Final Judgment. To the extent remedy the competitive harm alleged in conveyed in writing to the United States such reports contain information that the Complaint. The divestitures, and the trustee within ten (10) calendar the trustee deems confidential, such whether pursuant to Section IV or days after the trustee has provided the reports shall not be filed in the public Section V of this Final Judgment: notice required under Section VI. docket of the Court. The trustee’s (1) shall be made to an Acquirer(s) that, D. The trustee shall serve at the cost reports shall include the name, address, in the United States’ sole judgment, and expense of Disney pursuant to a and telephone number of each person has the intent and capability written agreement, on such terms and who, during the preceding month, made (including the necessary conditions as the United States an offer to acquire, expressed an interest managerial, operational, technical, approves, including confidentiality in acquiring, entered into negotiations and financial capability) of requirements and conflict of interest to acquire, or was contacted or made an competing effectively in the certifications. The trustee shall account inquiry about acquiring, any interest in business of selling, supplying, and for all monies derived from the sale of the Divestiture Assets, and shall licensing video programming; and the relevant Divestiture Assets and all describe in detail each contact with any (2) shall be accomplished so as to satisfy costs and expenses so incurred. After such person. The trustee shall maintain the United States, in its sole approval by the Court of the trustee’s full records of all efforts made to divest discretion, that none of the terms of accounting, including fees for its the relevant Divestiture Assets. any agreement between the services yet unpaid and those of any G. If the trustee has not accomplished Acquirer(s) and defendants gives professionals and agents retained by the the divestitures ordered under this Final defendants the ability unreasonably trustee, all remaining money shall be Judgment within six (6) months after its to raise the costs of the Acquirer(s), paid to Disney and the trust shall then appointment, the trustee shall promptly to lower the efficiency of the be terminated. The compensation of the file with the Court a report setting forth Acquirer(s), or otherwise to trustee and any professionals and agents (1) the trustee’s efforts to accomplish the interfere in the ability of the retained by the trustee shall be required divestiture, (2) the reasons, in Acquirer(s) to compete effectively. reasonable in light of the value of the the trustee’s judgment, why the required relevant Divestiture Assets and based on divestiture has not been accomplished, V. APPOINTMENT OF TRUSTEE a fee arrangement providing the trustee and (3) the trustee’s recommendations. A. If Disney has not divested the with an incentive based on the price To the extent such report contains Divestiture Assets within the time and terms of the divestiture and the information that the trustee deems period specified in Section IV(A), speed with which it is accomplished, confidential, such report shall not be Disney shall notify the United States of but timeliness is paramount. If the filed in the public docket of the Court. that fact in writing, specifically trustee and Disney are unable to reach The trustee shall at the same time identifying the Divestiture Assets that agreement on the trustee’s or any agents’ furnish such report to the United States have not been divested (the ‘‘relevant or consultants’ compensation or other which shall have the right to make Divestiture Assets’’). Upon application terms and conditions of engagement additional recommendations consistent of the United States, the Court shall within 14 calendar days of appointment with the purpose of the trust. The Court appoint a trustee selected by the United of the trustee, the United States may, in thereafter shall enter such orders as it States and approved by the Court to its sole discretion, take appropriate shall deem appropriate to carry out the effect the divestiture of the relevant action, including making a purpose of the Final Judgment, which Divestiture Assets. recommendation to the Court. The may, if necessary, include extending the B. After the appointment of a trustee trustee shall, within three (3) business trust and the term of the trustee’s becomes effective, only the trustee shall days of hiring any other professionals or appointment by a period requested by have the right to sell the relevant agents, provide written notice of such the United States. Divestiture Assets. The trustee shall hiring and the rate of compensation to H. If the United States determines that have the power and authority to defendants and the United States. the trustee has ceased to act or failed to accomplish the divestiture to an E. Disney shall use its best efforts to act diligently or in a reasonably cost- Acquirer acceptable to the United States assist the trustee in accomplishing the effective manner, it may recommend the at such price and on such terms as are required divestiture. The trustee and Court appoint a substitute trustee. then obtainable upon reasonable effort any consultants, accountants, attorneys, VI. NOTICE OF PROPOSED by the trustee, subject to the provisions and other agents retained by the trustee DIVESTITURE of Sections IV, V, and VI of this Final shall have full and complete access to Judgment, and shall have such other the personnel, books, records, and A. Within two (2) business days powers as this Court deems appropriate. facilities of the business to be divested, following execution of a definitive Subject to Section V(D) of this Final and Disney shall develop financial and divestiture agreement, Disney or the Judgment, the trustee may hire at the other information relevant to such trustee, whichever is then responsible cost and expense of Disney any business as the trustee may reasonably for effecting the divestitures required investment bankers, attorneys, or other request, subject to reasonable protection herein, shall notify the United States of agents, who shall be solely accountable for trade secret or other confidential any proposed divestiture required by to the trustee, reasonably necessary in research, development, or commercial Section IV or Section V of this Final the trustee’s judgment to assist in the information or any applicable Judgment. If the trustee is responsible, divestiture. Any such investment privileges. Defendants shall take no it shall similarly notify defendants. The bankers, attorneys, or other agents shall action to interfere with or to impede the notice shall set forth the details of the serve on such terms and conditions as trustee’s accomplishment of the proposed divestiture and list the name, the United States approves, including divestiture. address, and telephone number of each confidentiality requirements and F. After its appointment, the trustee person not previously identified who conflict of interest certifications. shall file monthly reports with the offered or expressed an interest in or

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desire to acquire any ownership interest been completed under Section IV or States Department of Justice, including in the Divestiture Assets, together with Section V of this Final Judgment, consultants and other persons retained full details of the same. defendants shall deliver to the United by the United States, shall, upon written B. Within fifteen (15) calendar days of States an affidavit, signed by each request of an authorized representative receipt by the United States of such defendant’s Chief Financial Officer and of the Assistant Attorney General in notice, the United States may request General Counsel, which shall describe charge of the Antitrust Division, and on from defendants, the proposed Acquirer, the fact and manner of defendant’s reasonable notice to defendants, be any other third party, or the trustee, if compliance with Section IV or Section permitted: applicable, additional information V of this Final Judgment. Each such concerning the proposed divestiture, the affidavit shall include the name, (1) access during defendants’ office proposed Acquirer, and any other address, and telephone number of each hours to inspect and copy, or at the potential Acquirers. Defendants and the person who, during the preceding thirty option of the United States, to trustee shall furnish any additional (30) calendar days, made an offer to require defendants to provide hard information requested within fifteen acquire, expressed an interest in copies or electronic copies of, all (15) calendar days of the receipt of the acquiring, entered into negotiations to books, ledgers, accounts, records, request, unless the parties shall acquire, or was contacted or made an data, and documents in the otherwise agree. inquiry about acquiring, any interest in possession, custody, or control of C. Within thirty (30) calendar days the Divestiture Assets, and shall defendants, relating to any matters after receipt of the notice or within describe in detail each contact with any contained in this Final Judgment; twenty (20) calendar days after the such person during that period. Each and United States has been provided the such affidavit shall also include a (2) to interview, either informally or on additional information requested from description of the efforts defendants the record, defendants’ officers, defendants, the proposed Acquirer(s), have taken to solicit buyers for and employees, or agents, who may any third party, and the trustee, complete the sale of the Divestiture have their individual counsel whichever is later, the United States Assets, including efforts to secure present, regarding such matters. shall provide written notice to regulatory approvals, and to provide The interviews shall be subject to defendants and the trustee, if there is required information to prospective the reasonable convenience of the one, stating whether or not it objects to Acquirers, including the limitations, if interviewee and without restraint or the proposed divestiture. If the United any, on such information. interference by defendants. States provides written notice that it Assuming the information set forth in does not object, the divestiture may be the affidavit is true and complete, any B. Upon the written request of an consummated, subject only to objection by the United States to authorized representative of the defendants’ limited right to object to the information provided by defendants, Assistant Attorney General in charge of sale under Paragraph V(C) of this Final including limitations on information, the Antitrust Division, defendants shall Judgment. Absent written notice that the shall be made within fourteen (14) submit written reports or responses to United States does not object to the calendar days of receipt of such written interrogatories, under oath if proposed Acquirer(s) or upon objection affidavit. requested, relating to any of the matters by the United States, a divestiture B. Within twenty (20) calendar days contained in this Final Judgment as may proposed under Section IV or Section V of the filing of the Complaint in this be requested. shall not be consummated. Upon matter, defendants shall deliver to the C. No information or documents objection by defendants under United States an affidavit that describes obtained by the means provided in this Paragraph V(C), a divestiture proposed in reasonable detail all actions section shall be divulged by the United under Section V shall not be defendants have taken and all steps States to any person other than an consummated unless approved by the defendants have implemented on an authorized representative of the Court. ongoing basis to comply with Section executive branch of the United States, VIII of this Final Judgment. Defendants VII. FINANCING except in the course of legal proceedings shall deliver to the United States an to which the United States is a party Disney shall not finance all or any affidavit describing any changes to the (including grand jury proceedings), or part of any purchase made pursuant to efforts and actions outlined in for the purpose of securing compliance Section IV or Section V of this Final defendant’s earlier affidavits filed with this Final Judgment, or as Judgment. pursuant to this section within fifteen otherwise required by law. (15) calendar days after the change is VIII. HOLD SEPARATE implemented. D. If at the time information or Until the divestitures required by this C. Defendants shall keep all records of documents are furnished by defendants Final Judgment have been all efforts made to preserve and divest to the United States, defendants accomplished, defendants shall take all the Divestiture Assets until one year represent and identify in writing the steps necessary to comply with the Hold after such divestiture has been material in any such information or Separate Stipulation and Order entered completed. documents to which a claim of by this Court. After the Transaction has protection may be asserted under Rule X. COMPLIANCE INSPECTION been consummated or closed, 26(c)(1)(G) of the Federal Rules of Civil defendants shall take no action that A. For the purposes of determining or Procedure, and defendants mark each would jeopardize the divestiture securing compliance with this Final pertinent page of such material, ordered by this Court. Judgment, or of any related orders such ‘‘Subject to claim of protection under as any Hold Separate Stipulation and Rule 26(c)(1)(G) of the Federal Rules of IX. AFFIDAVITS Order, or of determining whether the Civil Procedure,’’ then the United States A. Within twenty (20) calendar days Final Judgment should be modified or shall give defendants ten (10) calendar of the filing of the Complaint in this vacated, and subject to any legally days’ notice prior to divulging such matter, and every thirty (30) calendar recognized privilege, from time to time material in any legal proceeding (other days thereafter until the divestiture has authorized representatives of the United than a grand jury proceeding).

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XI. NO REACQUISITION including the investigation of the C. ‘‘Fox’’ means defendant Twenty- Disney may not reacquire any of the potential violation. First Century Fox, Inc., a Delaware corporation headquartered in New York, Divestiture Assets during the term of XIV. EXPIRATION OF FINAL New York, its successors and assigns, this Final Judgment without prior JUDGMENT written approval of the United States. and its subsidiaries, divisions, groups, Unless this Court grants an extension, affiliates, partnerships, and joint XII. RETENTION OF JURISDICTION this Final Judgment shall expire seven ventures, and their directors, officers, (7) years from the date of its entry, This Court retains jurisdiction to managers, agents, and employees. except that this Final Judgment may be enable any party to this Final Judgment D. ‘‘Fox RSNs’’ means all of Fox’s terminated upon notice by the United to apply to this Court at any time for interests in the following video States to the Court and the defendants further orders and directions as may be networks or programming assets: that the divestitures have been necessary or appropriate to carry out or (1) Fox Sports Arizona; completed and that the continuation of construe this Final Judgment, to modify (2) Fox Sports Carolinas; the Final Judgment no longer is (3) Fox Sports Detroit; any of its provisions, to enforce necessary. (4) Fox Sports Florida; compliance, and to punish violations of (5) Fox Sports Indiana; its provisions. XV. PUBLIC INTEREST (6) Fox Sports Kansas City; DETERMINATION XIII. ENFORCEMENT OF FINAL (7) Fox Sports Midwest; JUDGMENT Entry of this Final Judgment is in the (8) Fox Sports New Orleans; public interest. The parties have (9) Fox Sports North; A. The United States retains and complied with the requirements of the (10) Fox Sports Ohio; reserves all rights to enforce the Antitrust Procedures and Penalties Act, (11) SportsTime Ohio; provisions of this Final Judgment, 15 U.S.C. § 16, including making copies (12) Fox Sports Oklahoma; including its right to seek an order of available to the public of this Final (13) Fox Sports San Diego; contempt from this Court. Defendants Judgment, the Competitive Impact (14) Fox Sports South; agree that in any civil contempt action, Statement, and any comments thereon, (15) Fox Sports Southeast; any motion to show cause, or any and the United States’ responses to (16) Fox Sports Southwest; similar action brought by the United comments. Based upon the record (17) Fox Sports Sun; States regarding an alleged violation of before the Court, which includes the (18) Fox Sports Tennessee; this Final Judgment, the United States Competitive Impact Statement and any (19) Fox Sports West; may establish a violation of the decree comments and responses to comments (20) Prime Ticket; and the appropriateness of any remedy filed with the Court, entry of this Final (21) Fox Sports Wisconsin; and therefor by a preponderance of the Judgment is in the public interest. (22) the YES Network. evidence, and they waive any argument E. ‘‘Divestiture Assets’’ means all of that a different standard of proof should Date: llllllllllllllllll Fox’s interests in the Fox RSNs, apply. Court approval subject to procedures of including, all of the assets, tangible or B. The Final Judgment should be Antitrust Procedures and Penalties Act, 15 intangible, necessary for the operations interpreted to give full effect to the U.S.C. § 16 of the Fox RSNs as viable, ongoing lllllllllllllllllllll procompetitive purposes of the antitrust video networks or programming assets, laws and to restore all competition United States District Judge including, but not limited to, all real harmed by the challenged conduct. United States District Court for the property (owned or leased), all Defendants agree that they may be held Southern District of New York broadcast equipment, office furniture, in contempt of, and that the Court may fixtures, materials, supplies, and other enforce, any provision of this Final United States of America, Plantiff, v. The tangible property; all licenses, permits Walt Disney Company, and Twenty-First Judgment that, as interpreted by the Century Fox, Inc., Defendants. and authorizations issued by any Court in light of these procompetitive governmental organization relating to Civil Action No. 1:18–cv–05800 (CM) (KNF) principles and applying ordinary tools the operation of the asset; all contracts of interpretation, is stated specifically HOLD SEPARATE STIPULATION AND (including content, programming and and in reasonable detail, whether or not ORDER distribution contracts and rights), it is clear and unambiguous on its face. It is hereby stipulated and agreed by agreements (including transition In any such interpretation, the terms of and between the undersigned parties, services agreements), leases, and this Final Judgment should not be subject to approval and entry by the commitments and understanding of construed against either party as the Court, that: defendants; all trademarks, service drafter. marks, trade names, copyrights, patents, C. In any enforcement proceeding in I. Definitions slogans, programming materials, and which the Court finds that the As used in this Hold Separate promotional materials relating to each defendants have violated this Final Stipulation and Order: video network; all customer lists, Judgment, the United States may apply A. ‘‘Acquirer’’ or ‘‘Acquirers’’ means contracts, accounts, credit records, and to the Court for a one-time extension of the entity or entities to which all logs and other records maintained by this Final Judgment, together with such defendants divest any of the Divestiture Fox in connection with each video other relief as may be appropriate. In Assets. network. Except as provided in the connection with any successful effort by B. ‘‘Disney’’ means defendant The Final Judgment, Divestiture Assets does the United States to enforce this Final Walt Disney Company, a Delaware not include trademarks, trade names, Judgement against a Defendant, whether corporation headquartered in Burbank, service marks, or service names litigated or resolved prior to litigation, California, its successors and assigns, containing the name ‘‘Fox.’’ that Defendant agrees to reimburse the and its subsidiaries, divisions, groups, F. The term ‘‘Transaction’’ means the United States for any attorneys’ fees, affiliates, partnerships, and joint transaction that is the subject of the experts’ fees, and costs incurred in ventures, and their directors, officers, Agreement and Plan of Merger among connection with that enforcement effort, managers, agents, and employees. Twenty-First Century Fox, Inc., The

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Walt Disney Company, TWDC Holdco B. Defendants shall abide by and Counsel, which shall describe the fact 613 corp., WDC Merger Enterprises II comply with the provisions of the and manner of Disney’s compliance Corp., and WDC Merger Enterprises I, proposed Final Judgment pending the with Section VII until the divestitures LLC, dated June 20, 2018. Final Judgment’s entry by the Court, or required by the Final Judgment have until expiration of time for all appeals been accomplished. II. Objectives of any Court ruling declining entry of The Final Judgment filed in this case the proposed Final Judgment and shall, VI. Pre-Closing Asset Preservation is meant to ensure defendants’ prompt from the date of the signing of this Provisions divestiture of the Divestiture Assets for Stipulation by the parties, comply with Until defendants consummate the the purpose of establishing one or more all the terms and provisions of the Transaction: viable competitors in the sale, supply, proposed Final Judgment. The United A. Fox shall preserve, maintain, and or licensing of video programming in States shall have the full rights and continue to operate each Divestiture the United States in order to remedy the enforcement powers in the proposed Asset as an ongoing, economically effects that the United States alleges Final Judgment as though the same were viable, competitive video network or would otherwise result from the in full force and effect as the Final programming asset. Transaction. This Hold Separate Order of the Court. B. Fox shall take all steps reasonably Stipulation and Order ensures, prior to C. Defendants shall not consummate necessary to ensure that the Divestiture such divestitures, that the Divestiture the Transaction sought to be enjoined by Assets will be maintained and operated Assets will remain economically viable, the Complaint herein before the Court as ongoing, economically viable and and ongoing business concerns that will has signed this Hold Separate active competitors in the video network remain independent and uninfluenced Stipulation. or programming business. by Disney or, after the Transaction has D. This Hold Separate Stipulation and C. Fox shall use all reasonable efforts, been consummated, by Fox, and that Order shall apply with equal force and consistent with past practices, to competition is maintained during the effect to any amended proposed Final maintain and increase the sales and pendency of the ordered divestitures. Judgment agreed upon in writing by the revenues associated with each of the Divestiture Assets. III. Jurisdiction and Venue parties and submitted to the Court. E. In the event (1) the United States D. Fox, consistent with past practices, The Court has jurisdiction over the has withdrawn its consent, as provided shall provide sufficient working capital subject matter of this action and over in Paragraph IV(A) above, or (2) the and lines and sources of credit to each of the parties hereto, and venue of proposed Final Judgment is not entered continue to maintain each Divestiture this action is proper in the United States pursuant to this Hold Separate Asset as an ongoing, economically District Court for the Southern District Stipulation and Order, the time has viable, and competitive video network of New York. expired for all appeals of any court or programming asset. IV. Compliance with and Entry of the ruling declining entry of the proposed E. Fox shall maintain, in accordance Proposed Final Judgment Final Judgment, and the Court has not with sound accounting principles, otherwise ordered continued separate, accurate and complete A. The parties stipulate that a Final compliance with the terms and financial ledgers, books, and records Judgment in the form attached hereto as provisions of the proposed Final that report on a periodic basis, such as Exhibit A may be filed with and entered Judgment, then the parties are released the last business day of every month, by the Court, upon the motion of any from all further obligations under this consistent with past practices, the party or upon the Court’s own motion, Hold Separate Stipulation and Order, assets, liabilities, expenses, revenues at any time after compliance with the and the making of this Hold Separate and income of each of the Divestiture requirements of the Antitrust Stipulation and Order shall be without Assets. Procedures and Penalties Act (‘‘APPA’’), prejudice to any party in this or any F. Fox shall preserve the existing 15 U.S.C. § 16, and without further other proceeding. relationships between the Divestiture notice to any party or other proceedings, F. Disney represents that the Assets and with each customer that provided that the United States has not divestitures ordered in the proposed advertises on or licenses content to a withdrawn its consent, which it may do Final Judgment can and will be made, Divestiture Asset, each distributor that at any time before the entry of the and that defendants will later raise no licenses content from a Divestiture proposed Final Judgment by serving claim of mistake, hardship or difficulty Asset, and with others having business notice thereof on the defendants and by of compliance as grounds for asking the relations with any of the Divestiture filing that notice with the Court. Disney Court to modify any of the provisions Assets, in accordance with the ordinary agrees to arrange, at its expense, contained therein. course of business. publication as quickly as possible of the newspaper notice required by the V. Notice of Compliance VII. Post-Closing Hold Separate and APPA, which shall be drafted by the . Within twenty (20) days after the Asset Preservation Provisions United States, in its sole discretion. The entry of the Hold Separate Stipulation Once the Transaction has been publication shall be arranged no later and Order, and every thirty (30) consummated and until the divestitures than three business days after calendar days thereafter (1) Fox shall required by the Final Judgment have defendants’ receipt from the United deliver to the United States an affidavit, been accomplished: States of the text of the notice and the signed by Fox’s Chief Financial Officer A. Disney shall preserve, maintain, identity of the newspaper within which and General Counsel, which shall and continue to operate each Divestiture the publication shall be made. Disney describe the fact and manner of Fox’s Asset as an independent, ongoing, shall promptly send to the United States compliance with Section VI until economically viable, competitive video (1) confirmation that publication of the defendants consummate the network or programming asset, newspaper notice has been arranged, Transaction; and management, programming, and (2) the certification of the (2) Disney shall deliver to the United distribution, sales and operations of publication prepared by the newspaper States an affidavit, signed by Disney’s such assets held entirely separate, within which the notice was published. Chief Financial Officer and General distinct and apart from those of Disney’s

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other operations. Disney shall not H. Defendants shall take no action Kenneth Newman coordinate its programming, production, that would jeopardize, delay, or impede ([email protected]) distribution, marketing, content the sale of the Divestiture Assets. Associate General Counsel and Assistant purchases, or terms of sale of any I. Defendants shall take no action that Secretary, The Walt Disney Company, 77 products with those of any of the would interfere with the ability of any West 66th Street, 15th Floor, New York, NY Divestiture Assets. trustee appointed pursuant to the 10023, (212) 456–6080 B. Disney shall take all steps proposed Final Judgment to fulfill its FOR DEFENDANT necessary to ensure that (1) the obligations. TWENTY-FIRST CENTURY FOX, INC. Divestiture Assets will be maintained J. Disney shall appoint a person or CLEARY GOTTLIEB STEEN & HAMILTON and operated as independent, ongoing, persons to oversee the Divestiture LLP economically viable and active Assets, who also will be responsible for lllllllllllllllllllll competitors in the video network or defendants’ compliance with this George S. Cary programming business; (2) management section. Such person or persons shall (pro hac vice application forthcoming) of the Divestiture Assets will not be have complete managerial responsibility Kenneth S. Reinker for the Divestiture Assets, subject to the Tara Lynn Tavernia influenced by Disney; and (3) the books, (pro hac vice application forthcoming) records, competitively sensitive provisions of this Final Judgment. In the 2000 Pennsylvania Avenue NW, Washington, production, programming, distribution, event such person is unable to perform DC 20006, Phone: (202) 974–1743, Fax: (202) sales, content purchases, marketing and such duties, Disney shall appoint, 974–1999, [email protected], kreinker@ pricing information, and decision subject to the approval of the United cgsh.com, [email protected] making concerning production, States, a replacement within ten (10) programming, distribution, sales, working days. Should Disney fail to ORDER content purchases, pricing and appoint a replacement acceptable to the IT IS SO ORDERED by the Court, this marketing by or under any of the United States within this time period, ll day of ll, 2018. Divestiture Assets will be kept separate the United States shall appoint a lllllllllllllllllllll and apart from Disney’s other replacement. United States District Judge operations. C. Disney shall use all reasonable VIII. Duration of Hold Separate United States District Court for the efforts to maintain and increase the Obligations Southern District of New York sales and revenues associated with each Defendants’ obligations under Section United States of America, Plaintiff, v. The of the Divestiture Assets, and shall VI and VII of this Hold Separate Walt Disney Company, and Twenty-First maintain at 2018 or previously Stipulation and Order shall remain in Century Fox, Inc., Defendants. approved levels for 2017, whichever is effect until (1) consummation of the Civil Action No. higher, all promotional, advertising, divestitures required by the proposed 18–CV–5800 (CM) (KNF) sales, technical assistance, marketing Final Judgment or (2) until further order COMPETITIVE IMPACT STATEMENT and other support for each of the of the Court. If the United States Divestiture Assets. voluntarily dismisses the Complaint in Plaintiff United States of America D. Disney shall provide sufficient this matter, defendants are released (‘‘United States’’), pursuant to Section working capital and lines and sources of from all further obligations under this 2(b) of the Antitrust Procedures and credit to continue to maintain each Hold Separate Stipulation and Order. Penalties Act (‘‘APPA’’ or ‘‘Tunney Act’’), 15 U.S.C. § 16(b)–(h), files this Divestiture Asset as an ongoing, Dated: June 27, 2018 economically viable, and competitive Competitive Impact Statement relating Respectfully submitted, video network or programming asset. to the proposed Final Judgment E. Disney shall not, except as part of FOR PLAINTIFF UNITED STATES OF submitted for entry in this civil antitrust AMERICA a divestiture approved by the United lllllllllllllllllllll proceeding. States in accordance with the proposed Craig Minerva I. NATURE AND PURPOSE OF THE Final Judgment, remove, sell, lease, United States Department of Justice, PROCEEDING assign, transfer, destroy, pledge, or Antitrust Division, Media, Entertainment & Defendants The Walt Disney otherwise dispose of any of the Professional Services Section, 450 Fifth Divestiture Assets. Street N.W., Suite 4000, Washington, DC Company (‘‘Disney’’) and Twenty-First F. Disney shall maintain, in 20530, Telephone: (202) 353–2384, Century Fox, Inc. (‘‘Fox’’) (collectively, accordance with sound accounting Facsimile: (202) 514–730 ‘‘Defendants’’) entered into an principles, separate, accurate and FOR DEFENDANT THE WALT DISNEY Agreement and Plan of Merger dated complete financial ledgers, books, and COMPANY December 13, 2017, amended on June records that report on a periodic basis, COVINGTON & BURLING LLP 20, 2018, pursuant to which Disney such as the last business day of every lllllllllllllllllllll agreed to acquire certain assets, month, consistent with past practices, Andrew A. Ruffino including Fox’s ownership of, or the assets, liabilities, expenses, revenues ([email protected]) interests in, twenty-two regional sports and income of each of the Divestiture The New York Times Building, 620 Eighth networks (‘‘RSNs’’), the FX cable Assets. Avenue, New York, New York 10018, (212) networks, the National Geographic cable G. Disney shall preserve the existing 841–1097 networks, television and film studios, relationships between the Divestiture Thomas 0. Barnett Hulu, and international television Assets and with each customer that ([email protected]) businesses (the ‘‘Fox Sale Assets’’) from advertises on or licenses content to a (pro hac vice application forthcoming) Fox for approximately $71.3 billion (the Anne Y. Lee Divestiture Asset, each distributor that ([email protected]) ‘‘Transaction’’). licenses content from a Divestiture James Dean Specifically, Fox proposes to sell to Asset, and with others having business ([email protected]) Disney its interests in the following relations with any of the Divestiture Megan Gerking ([email protected]) RSNs: (i) Fox Sports Arizona; (ii) Fox Assets, in accordance with the ordinary One CityCenter, 850 10th Street NW, Sports Carolinas; (iii) Fox Sports course of business. Washington, DC 20001, (202) 662–6000 Detroit; (iv) Fox Sports Florida; (v) Fox

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Sports Indiana; (vi) Fox Sports Kansas consumers, higher subscription fees for which include several cable television City; (vii) Fox Sports Midwest; (viii) Fox MVPD customers. programing networks and all of the Fox Sports New Orleans; (ix) Fox Sports At the same time the Complaint was RSNs, generated $19 billion in revenue North; (x) Fox Sports Ohio; (xi) filed, the United States also filed a Hold in fiscal year 2017. Fox licenses its cable SportsTime Ohio; (xii) Fox Sports Separate Stipulation and Order (‘‘Hold programming networks to MVPDs Oklahoma; (xiii) Fox Sports San Diego; Separate’’) and proposed Final throughout the United States. The Fox (xiv) Fox Sports South; (xv) Fox Sports Judgment, which are designed to Sale Assets do not include Fox Business Southeast; (xvi) Fox Sports Southwest; eliminate the likely anticompetitive Network, Fox Broadcasting Company, (xvii) Fox Sports Sun; (xviii) Fox Sports effects of the Transaction. Under the Fox Sports, Fox Television Stations Tennessee; (xix) Fox Sports West; (xx) proposed Final Judgment, which is Group, FS1, FS2, Fox Deportes, or the Prime Ticket; (xxi) Fox Sports explained more fully below, Disney is Big Ten Network. Wisconsin; and (xxii) the YES Network. required to divest all of Fox’s interests Collectively, the twenty-two Fox The proposed acquisition would in the Fox RSNs, including all assets RSNs serve approximately 61 million combine two of the country’s most necessary for the operation of each Fox subscribers in twenty-five separate DMA valuable cable sports properties— RSN as a viable, ongoing cable sports Markets and license local and regional Disney’s ESPN franchise of networks programming network, to one or more rights to telecast live games of 44 of 91 and Fox’s portfolio of twenty-two RSNs. buyers acceptable to the United States, (48%) U.S. professional sports teams in Cable sports television networks in its sole discretion. Under the terms of three of the four major sports leagues: compete to be carried in the the Hold Separate Stipulation and Major League Baseball (‘‘MLB’’), the programming packages that distributors, Order, Disney and Fox will take certain National Basketball Association such as cable companies (e.g., Charter steps to ensure that each Fox RSN (‘‘NBA’’), and the National Hockey Communications and Comcast), direct continues to operate as an ongoing, League (‘‘NHL’’). More specifically, the broadcast satellite services (e.g., DISH economically viable, competitive cable Fox RSNs have the local or regional Network and DirecTV), fiber optic sports programming network that will broadcast rights to 15 of 30 (50%) MLB networks services (e.g., Verizon’s Fios remain independent and uninfluenced teams, 17 of 30 (57%) NBA teams, and and CenturyLink’s Prism TV), and by the consummation of the 12 of 31 (39%) NHL teams. online distributors of linear cable Transaction, and that competition is The proposed Transaction would programming (e.g., Hulu Live and maintained during the pendency of the likely lessen competition substantially DISH’s Sling TV) (hereinafter, ordered divestiture. in each of the DMA Markets as a result collectively referred to as ‘‘MVPDs’’) The United States and Defendants of Disney’s acquisition of Fox’s RSNs. offer to their subscribers. Consequently, have stipulated that the proposed Final This Transaction is the subject of the Disney’s proposed acquisition of Fox’s Judgment may be entered after Complaint and proposed Final portfolio of RSNs would end the head- compliance with the APPA. Entry of the Judgment filed by the United States on to-head competition between them and proposed Final Judgment would June 27, 2018. terminate this action, except that the likely would result in higher prices for B. The Transaction’s Likely Court would retain jurisdiction to cable sports programming in each of the Anticompetitive Effects Designated Market Areas (‘‘DMAs’’) in construe, modify, or enforce the which Disney and Fox compete. provisions of the proposed Final 1. Relevant Markets The United States filed a civil Judgment and to punish violations The Complaint alleges that licensing antitrust Complaint on June 27, 2018, thereof. of cable sports programming to MVPDs seeking to enjoin the proposed II. DESCRIPTION OF THE EVENTS in each DMA Market constitutes a Transaction. The Complaint alleges that GIVING RISE TO THE ALLEGED relevant market under Section 7 of the the likely effect of this acquisition VIOLATION Clayton Act. would be to lessen competition Cable sports programming includes substantially for the licensing of cable A. The Defendants and the Proposed cable television networks that devote a sports programming to MVPDs in Transaction substantial portion of their violation of Section 7 of the Clayton Disney is a Delaware corporation programming time to airing live sporting Act, 15 U.S.C. § 18, in each of the headquartered in Burbank, California. It events, including MLB, NBA, and NHL following twenty-five DMAs: Phoenix, reported revenue of $55 billion for fiscal games. Consumers that view live Arizona; Detroit, Michigan; Milwaukee, year 2017. Disney owns various sporting events are an important Wisconsin; Cleveland, Ohio; Cincinnati, television programming assets, customer group for MVPDs. MVPDs Ohio; Columbus, Ohio; Miami, Florida; including 80% of ESPN—a sports could not attract or retain those Oklahoma City, Oklahoma; Tampa Bay, entertainment company that operates consumers as subscribers without Florida; Dallas, Texas; St. Louis, several national cable sports including cable sports programming in Missouri; Atlanta, Georgia; Indianapolis, programming networks. Disney’s other the packages of cable programming Indiana; Orlando, Florida; San Antonio, programming assets include: (i) the ABC networks they offer their subscribers. Texas; Minneapolis, Minnesota; television network; (ii) eight owned- ESPN and the local Fox RSN generate Nashville, Tennessee; Memphis, and-operated ABC broadcast stations; the highest and second-highest affiliate Tennessee; San Diego, California; (iii) Disney-branded cable television fees per subscriber of all networks Raleigh-Durham, North Carolina; New networks; and (iv) Freeform, a cable carried by an MVPD in most of the 25 Orleans, Louisiana; Kansas City, Kansas; television network geared toward DMAs and they are among the networks Charlotte, North Carolina; Los Angeles, teenagers and young adults. Disney that generate the highest affiliate fees California; and New York, New York licenses its cable programming networks per subscriber in every one of the 25 (collectively, the ‘‘DMA Markets’’). This to MVPDs throughout the United States. DMAs. The high per-subscriber fees that loss of competition likely would result Fox is a Delaware corporation MVPDs pay to license these networks in increased MVPD licensing fees in headquartered in New York, New York. reflects the importance of these each DMA Market and because licensing It reported revenue of $28.5 billion for networks to MVPDs and their fees typically are passed onto fiscal year 2017. The Fox Sale Assets, subscribers.

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For MVPDs, sports programming on common ownership and control with would not have lost in a pre-transaction broadcast television is unlikely a ESPN, would allow Disney to increase blackout of only ESPN or the Fox RSN) sufficient substitute for cable sports its market share of cable sports and therefore accede to Disney’s programming. MVPDs do not typically programming in each DMA Market and demand for higher licensing fees. For consider broadcast networks as likely increase licensing fees to MVPDs these reasons, the loss of competition providing the same type of content as for ESPN and/or the Fox RSNs. As a between ESPN and the Fox RSN in each cable sports networks like ESPN and the result of the Transaction, Disney’s DMA Market would likely lead to an RSNs. Broadcast networks and their networks would account for at least 60 increase in MVPD licensing fees in affiliates aim to have broad appeal by percent of cable sports programming in those markets. Some of these increased offering a variety of highly-rated 19 of the DMA Markets and over 45 programming costs likely would be programming content including percent in the remaining six DMA passed onto consumers, resulting in primetime entertainment shows, Markets. higher MVPD subscription fees for syndicated shows, and local and As alleged in the Complaint, Disney’s millions of U.S. households. national news and weather, with live acquisition of the Fox RSNs would 3. Entry sports events making up a small further concentrate already highly percentage of a broadcast network’s concentrated cable sports programming The Complaint alleges that entry or airtime. Many MVPD customers demand markets in each of the DMA Markets. expansion into cable sports programming focused on, if not Using the Herfindahl-Hirschman Index programming would not be timely, dedicated to, live sporting events, and a (‘‘HHI’’), a standard measure of market likely, or sufficient to prevent the broadcast network’s occasional concentration, the post-acquisition HHI Transaction’s anticompetitive effects. programming of live sporting events in each of the DMA Markets would With respect to RSN sports does not suffice for many customers. For exceed 2,500 and the Transaction would programming, there are a limited that reason, MVPDs do not typically increase each DMA Market’s HHI by number of professional sports teams in consider broadcast network over 200 points. As a result, the a given DMA, and these teams auction programming as a replacement for cable proposed Transaction is presumed to the exclusive local rights to telecast sports programming. likely enhance market power under the their games under long-term contracts. With respect to the licensing of cable Horizontal Merger Guidelines issued by Because these contracts typically last sports programming to MVPDs, each the Department of Justice and the many years, there are infrequent DMA Market constitutes a separate Federal Trade Commission. opportunities to bid for these licensing relevant geographic market under Moreover, the Transaction combines rights to expand an existing RSN or Section 7 of the Clayton Act. A DMA is networks that are at least partial create a new RSN. Moreover, non-local a geographic unit for which A.C. substitutes and therefore competitors in RSNs cannot enter because their Nielsen Company—a firm that surveys a product market with limited licenses typically are limited to the television viewers—furnishes MVPDs, alternatives. The Transaction would DMAs that comprise the ‘‘home’’ among others, with data to aid in provide Disney with the ability to territory of the team or teams that the evaluating audience size and threaten MVPDs in each of the DMA RSN carries; and local MVPD composition in a particular area. DMAs Markets with the simultaneous blackout subscribers would not generally have are widely accepted by MVPDs as the of at least two major cable sports demand for extensive coverage of standard geographic area to use in programming networks: the ESPN another DMA’s home team. Thus, an evaluating television audience size and networks and the local Fox RSN, MVPD cannot substitute an RSN from demographic composition. The Federal thereby diminishing competition in the another DMA for the local RSN in Communications Commission also uses negotiation of licensing agreements with response to an anticompetitive price DMAs as geographic units with respect MVPDs in each of the DMA markets. increase. to its MVPD regulations. The threatened loss of cable sports Entry or expansion into national cable programming, and the resulting sports programming also is difficult. For 2. Harm to Competition in Each of the diminution of an MVPD’s subscribers a national sports network to compete DMA Markets and profits, would significantly effectively, it needs to obtain the The Complaint alleges that the strengthen Disney’s bargaining position. national broadcast rights from proposed Transaction likely would Prior to the Transaction, an MVPD’s professional sports leagues (i.e., MLB, substantially lessen competition in failure to reach a licensing agreement NBA, and NHL), which are expensive interstate trade and commerce, in with Disney would result in the and infrequently available. Although violation of Section 7 of the Clayton blackout of Disney’s networks, both Fox and NBCUniversal have Act, 15 U.S.C. § 18, and have the including ESPN, and threaten some national cable sports programming following effects, among others: subscriber loss for the MVPD, including networks (FS1 and NBC Sports, a. substantially lessen competition in those subscribers that value ESPN’s respectively), neither company has been the licensing of cable sports content. But because the MVPD still able to replicate ESPN’s competitive programming to MVPDs in each of the would be able to offer its subscribers the position (as evidenced by their lower DMA Markets; local Fox RSN, many MVPD subscribers MVPD licensing fees and viewership b. eliminate actual and potential simply would watch the local RSN ratings). competition among Disney and Fox in instead of cancelling their MVPD III. EXPLANATION OF THE the licensing of cable sports subscriptions. In the event of a Fox RSN PROPOSED FINAL JUDGMENT programming to MVPDs in each of the blackout, many subscribers likely would DMA Markets; and switch to watching ESPN. After the The divestiture requirement of the c. cause prices for cable sports Transaction, an MVPD negotiating with proposed Final Judgment will eliminate programming to MVPDs in each of the Disney would be faced with the the likely anticompetitive effects of the DMA Markets to increase. prospect of a dual blackout of Transaction in each DMA Market by The Transaction, by eliminating the significant cable sports programming, a establishing an independent and Fox RSNs as separate competitors and result more likely to cause the MVPD to economically viable competitor. The combining their operations under lose incremental subscribers (that it proposed Final Judgment requires

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Disney, within 90 days after the closing with the standard of proof that applies private antitrust damage action. Under of the Transaction, or five days after to the underlying offense that the the provisions of Section 5(a) of the notice of the entry of the Final Judgment compliance commitments address. Clayton Act, 15 U.S.C. § 16(a), the by the Court, whichever is later, to Paragraph XIII(B) provides additional proposed Final Judgment has no prima divest all of Fox’s interests in the Fox clarification regarding the interpretation facie effect in any subsequent private RSNs, including all assets necessary for of the provisions of the proposed Final lawsuit that may be brought against the operation of the Fox RSNs as viable, Judgment. The proposed Final Judgment Defendants. ongoing video networks or programming was drafted to restore all competition assets. The assets must be divested in that would otherwise be harmed by the V. PROCEDURES AVAILABLE FOR such a way as to satisfy the United merger. Defendants agree that they will MODIFICATION OF THE PROPOSED States in its sole discretion that the abide by the proposed Final Judgment, FINAL JUDGMENT operations can and will be operated by and that they may be held in contempt The United States and Defendants the purchaser as viable, ongoing of this Court for failing to comply with have stipulated that the proposed Final businesses that can compete effectively any provision of the proposed Final Judgment may be entered by the Court in the relevant markets. Disney must use Judgment that is stated specifically and after compliance with the provisions of its best efforts to divest the Fox RSNs as in reasonable detail, as interpreted in the APPA, provided that the United expeditiously as possible and shall light of this procompetitive purpose. States has not withdrawn its consent. cooperate with prospective purchasers. Paragraph XIII(C) of the proposed The APPA conditions entry upon the In the event that Disney does not Final Judgment further provides that, Court’s determination that the proposed accomplish the divestiture within the should the Court find in an enforcement Final Judgment is in the public interest. period prescribed in the proposed Final proceeding that Defendants have The APPA provides a period of at Judgment, the Final Judgment provides violated the Final Judgment, the United least sixty (60) days preceding the that the Court will appoint a trustee States may apply to the Court for a one- effective date of the proposed Final selected by the United States to effect time extension of the Final Judgment, Judgment within which any person may the divestiture. If a trustee is appointed, together with such other relief as may be submit to the United States written the proposed Final Judgment provides appropriate. In addition, in order to comments regarding the proposed Final that Disney will pay all costs and compensate American taxpayers for any Judgment. Any person who wishes to expenses of the trustee. The trustee’s costs associated with the investigation comment should do so within sixty (60) commission will be structured so as to and enforcement of violations of the days of the date of publication of this provide an incentive for the trustee proposed Final Judgment, Paragraph Competitive Impact Statement in the based on the price obtained and the XIII(C) provides that in any successful Federal Register, or the last date of speed with which the divestiture is effort by the United States to enforce the publication in a newspaper of the accomplished. After his or her Final Judgment against a Defendant, summary of this Competitive Impact appointment becomes effective, the whether litigated or resolved prior to Statement, whichever is later. All trustee will file monthly reports with litigation, that Defendant agrees to comments received during this period the Court and the United States setting reimburse the United States for will be considered by the United States forth his or her efforts to accomplish the attorneys’ fees, experts’ fees, and costs Department of Justice, which remains divestiture. At the end of six months, if incurred in connection with any free to withdraw its consent to the the divestiture has not been enforcement effort, including the proposed Final Judgment at any time accomplished, the trustee and the investigation of the potential violation. prior to the Court’s entry of judgment. United States will make Finally, Section XIV of the proposed The comments and the response of the recommendations to the Court, which Final Judgment provides that the Final United States will be filed with the shall enter such orders as appropriate, Judgment shall expire seven years from Court. In addition, comments will be in order to carry out the purpose of the the date of its entry, except that the posted on the U.S. Department of trust, including extending the trust or Final Judgment may be terminated upon Justice, Antitrust Division’s internet the term of the trustee’s appointment. notice by the United States to the Court website and, under certain The proposed Final Judgment also and Defendants that the divestitures circumstances, published in the Federal contains provisions designed to promote have been completed and that the Register. compliance and make the enforcement continuation of the Final Judgment is no Written comments should be of Division consent decrees as effective longer necessary. submitted to: as possible. Paragraph XIII(A) provides The divestiture provisions of the that the United States retains and proposed Final Judgment will eliminate Owen M. Kendler, Chief, Media, reserves all rights to enforce the the likely anticompetitive effects of the Entertainment & Professional Services provisions of the proposed Final acquisition in the provision of cable Section Antitrust Division, United Judgment, including its rights to seek an sports programming in the DMA States Department of Justice, 450 Fifth order of contempt from the Court. Under Markets. Street, N.W., Suite 4000, Washington, the terms of this paragraph, Defendants DC 20530 have agreed that in any civil contempt IV. REMEDIES AVAILABLE TO The proposed Final Judgment provides action, any motion to show cause, or POTENTIAL PRIVATE LITIGANTS that the Court retains jurisdiction over any similar action brought by the United Section 4 of the Clayton Act, 15 this action, and the parties may apply to States regarding an alleged violation of U.S.C. § 15, provides that any person the Court for any order necessary or the Final Judgment, the United States who has been injured as a result of appropriate for the modification, may establish the violation and the conduct prohibited by the antitrust laws interpretation, or enforcement of the appropriateness of any remedy by a may bring suit in federal court to Final Judgment. preponderance of the evidence, and recover three times the damages the Defendants have waived any argument person has suffered, as well as costs and VI. ALTERNATIVES TO THE that a different standard of proof should reasonable attorneys’ fees. Entry of the PROPOSED FINAL JUDGMENT apply. This provision aligns the proposed Final Judgment will neither The United States considered, as an standard for compliance obligations impair nor assist the bringing of any alternative to the proposed Final

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Judgment, a full trial on the merits factors, the court’s inquiry is necessarily Courts have greater flexibility in against Defendants. The United States a limited one as the government is approving proposed consent decrees could have continued the litigation and entitled to ‘‘broad discretion to settle than in crafting their own decrees sought preliminary and permanent with the defendant within the reaches of following a finding of liability in a injunctions against Disney’s acquisition the public interest.’’ United States v. litigated matter. ‘‘[A] proposed decree of the Fox RSNs. The United States is Microsoft Corp., 56 F.3d 1448, 1461 must be approved even if it falls short satisfied, however, that the divestiture (D.C. Cir. 1995); accord United States v. of the remedy the court would impose of assets described in the proposed Alex. Brown & Sons, Inc., 963 F. Supp. on its own, as long as it falls within the Final Judgment will preserve 235, 238 (S.D.N.Y. 1997) (quoting range of acceptability or is ‘within the competition for the provision of cable Microsoft, 56 F.3d at 1460, aff’d sub reaches of public interest.’ ’’ United sports programming in the DMA nom. United States v. Bleznak, 153 F.3d States v. Am. Tel. & Tel. Co., 552 F. Markets identified by the United States. 16 (2d Cir. 1998)); Keyspan, 763 F. Supp. 131, 151 (D.D.C. 1982) (citation Thus, the proposed Final Judgment Supp. 2d at 637 (same). omitted) (quoting United States v. would achieve all or substantially all of Under the APPA a court considers, Gillette Co., 406 F. Supp. 713, 716 (D. the relief the United States would have among other things, the relationship Mass. 1975)), aff’d sub nom. Maryland obtained through litigation, but avoids between the remedy secured and the v. United States, 460 U.S. 1001 (1983); the time, expense, and uncertainty of a specific allegations set forth in the see also United States v. US Airways full trial on the merits of the Complaint. government’s complaint, whether the Grp., Inc., 38 F. Supp. 3d 69, 74 (D.D.C. decree is sufficiently clear, whether 2014) (noting that room must be made VII. STANDARD OF REVIEW UNDER enforcement mechanisms are sufficient, for the government to grant concessions THE APPA FOR THE PROPOSED and whether the decree may positively in the negotiation process for FINAL JUDGMENT harm third parties. See Microsoft, 56 settlements) (citing Microsoft, 56 F.3d at The Clayton Act, as amended by the F.3d at 1458–62. With respect to the 1461); Morgan Stanley, 881 F. Supp. 2d APPA, requires that proposed consent adequacy of the relief secured by the at 568 (approving the consent decree judgments in antitrust cases brought by decree, ‘‘[t]he Court’s function is not to even though the court would have the United States be subject to a sixty- determine whether the proposed imposed a greater remedy). To meet this day comment period, after which the [d]ecree results in the balance of rights standard, the United States ‘‘need only court shall determine whether entry of and liabilities that is the one that will provide a factual basis for concluding the proposed Final Judgment ‘‘is in the best serve society, but only to ensure that the settlements are reasonably public interest.’’ 15 U.S.C. § 16(e)(1); see that the resulting settlement is within adequate remedies for the alleged also United States v. Int’l Bus. Mach. the reaches of the public interest.’’ harms.’’ United States v. SBC Corp., 163 F.3d 737, 740 (2d Cir. 1998). Morgan Stanley, 881 F. Supp. 2d at 567 Commc’ns, Inc., 489 F. Supp. 2d 1, 17 In making that determination, the court, (quoting Alex. Brown & Sons, 963 F. (D.D.C. 2007). in accordance with the statute as Supp. at 238) (internal quotations Moreover, the court’s role under the amended in 2004, is required to omitted) (emphasis in original). In APPA is limited to reviewing the consider: making this determination, ‘‘[t]he remedy in relationship to the violations [c]ourt is not permitted to reject the that the United States has alleged in its (A) the competitive impact of such proposed remedies merely because the Complaint, and does not authorize the judgment, including termination of court believes other remedies are court to ‘‘construct [its] own alleged violations, provisions for preferable. [Rather], the relevant inquiry hypothetical case and then evaluate the enforcement and modification, is whether there is a factual foundation decree against that case.’’ Microsoft, 56 duration of relief sought, for the government’s decision such that F.3d at 1459; see also Morgan Stanley, anticipated effects of alternative its conclusions regarding the proposed 881 F. Supp. 2d at 567 (‘‘A court must remedies actually considered, settlement are reasonable.’’ Morgan limit its review to the issues in the whether its terms are ambiguous, Stanley, 881 F. Supp. 2d at 563 (quoting complaint and ‘give due respect to the and any other competitive United States v. Abitibi-Consolidated [Government’s] perception of . . . its considerations bearing upon the Inc., 584 F. Supp. 2d 162, 165 (D.D.C. case.’’’) (quoting Microsoft, 56 F.3d at adequacy of such judgment that the 2008)); see also United States v. Apple, 1461); United States v. InBev N.V./S.A., court deems necessary to a Inc., 889 F. Supp. 2d 623, 631 (S.D.N.Y. No. 08–1965 (JR), 2009–2 Trade Cas. determination of whether the 2012); Alex. Brown & Sons, 963 F. Supp. (CCH) ¶ 76,736, 2009 U.S. Dist. LEXIS consent judgment is in the public at 238.1 The government’s predictions 84787, at *20, (D.D.C. Aug. 11, 2009) interest; and about the efficacy of its remedies are (‘‘the ‘public interest’ is not to be (B) the impact of entry of such entitled to deference. Apple, 889 F. measured by comparing the violations judgment upon competition in the Supp. 2d at 631 (citation omitted).2 alleged in the complaint against those relevant market or markets, upon the court believes could have, or even the public generally and 1 See also United States v. Bechtel Corp., 648 F.2d should have, been alleged.’’). Because individuals alleging specific injury 660, 666 (9th Cir. 1981) (‘‘The balancing of the ‘‘court’s authority to review the competing social and political interests affected by from the violations set forth in the decree depends entirely on the complaint including consideration a proposed antitrust consent decree must be left, in the first instance, to the discretion of the Attorney government’s exercising its of the public benefit, if any, to be General.’’); see generally Microsoft, 56 F.3d at 1461 prosecutorial discretion by bringing a derived from a determination of the (discussing whether ‘‘the remedies [obtained in the case in the first place,’’ it follows that issues at trial. decree are] so inconsonant with the allegations charged as to fall outside of the ‘reaches of the ‘‘the court is only authorized to review 15 U.S.C. § 16(e)(1)(A) & (B); see public interest’’’). the decree itself,’’ and not to ‘‘effectively generally United States v. Keyspan, 763 2 See Microsoft, 56 F.3d at 1461 (noting the need redraft the complaint’’ to inquire into F. Supp. 2d 633, 637–38 (S.D.N.Y. 2011) for courts to be ‘‘deferential to the government’s other matters that the United States did (discussing Tunney Act standards); predictions as to the effect of the proposed remedies’’); United States v. Archer-Daniels- not pursue. Microsoft, 56 F.3d at 1459– United States v. Morgan Stanley, 881 F. Midland Co., 272 F. Supp. 2d 1, 6 (D.D.C. 2003) Supp. 2d 563, 567 (S.D.N.Y. 2012) (noting that the court should grant due respect to proposed remedies, its perception of the market (similar). In considering these statutory the United States’ prediction as to the effect of structure, and its views of the nature of the case).

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60. Courts cannot look beyond the functions vested solely in the executive DATES: Registered bulk manufacturers of complaint in making the public interest branch could be undermined by the the affected basic classes, and determination ‘‘unless the complaint improper use of the APPA as an applicants therefore, may file written underlying the decree is drafted so antitrust oversight provision.’’) (citation comments on or objections to the narrowly such that its entry would omitted). A court can make its public issuance of the proposed registration on appear ‘to make a mockery of judicial interest determination based on the or before October 15, 2018. power.’’’ Apple, 889 F. Supp. 2d at 631 competitive impact statement and (S.D.N.Y. 2012) (citing SBC Commc’ns, response to public comments alone. ADDRESSES: Written comments should 489 F. Supp. 2d at 15). U.S. Airways, 38 F. Supp. 3d at 75.3 be sent to: Drug Enforcement In its 2004 amendments, Congress Administration, Attention: DEA Federal made clear its intent to preserve the VIII. DETERMINATIVE DOCUMENTS Register Representative/DRW, 8701 practical benefits of utilizing consent There are no determinative materials Morrissette Drive, Springfield, Virginia decrees in antitrust enforcement, adding or documents within the meaning of the 22152. the unambiguous instruction that APPA that were considered by the ‘‘[n]othing in this section shall be United States in formulating the SUPPLEMENTARY INFORMATION: construed to require the court to proposed Final Judgment. The Attorney General has delegated conduct an evidentiary hearing or to Dated: August 7, 2018 his authority under the Controlled require the court to permit anyone to Respectfully submitted, Substances Act to the Administrator of intervene.’’ 15 U.S.C. § 16(e)(2); see also lllllllllllllllllllll the Drug Enforcement Administration U.S. Airways, 38 F. Supp. 3d at 75 Lowell R. Stern (DEA), 28 CFR 0.100(b). Authority to (indicating that a court is not required exercise all necessary functions with to hold an evidentiary hearing or to United States Department of Justice, respect to the promulgation and permit intervenors as part of its review Antitrust Division, Media, Entertainment & Professional Services Section, 450 Fifth implementation of 21 CFR part 1301, under the Tunney Act). The language Street, N.W., Suite 4000, Washington, DC incident to the registration of wrote into the statute what Congress 20530, Telephone: (202) 514–3676, intended when it enacted the Tunney manufacturers, distributors, dispensers, Facsimile: (202) 514–7308, E-mail: importers, and exporters of controlled Act in 1974, as Senator Tunney [email protected] substances (other than final orders in explained: ‘‘[t]he court is nowhere Attorney for Plaintiff United States compelled to go to trial or to engage in connection with suspension, denial, or [FR Doc. 2018–17521 Filed 8–14–18; 8:45 am] extended proceedings which might have revocation of registration) has been the effect of vitiating the benefits of BILLING CODE 4410–11–P delegated to the Assistant Administrator prompt and less costly settlement of the DEA Diversion Control Division through the consent decree process.’’ DEPARTMENT OF JUSTICE (‘‘Assistant Administrator’’) pursuant to 119 Cong. Rec. 24, 598 (1973) (statement section 7 of 28 CFR part 0, appendix to of Sen. Tunney). Rather, the procedure Drug Enforcement Administration subpart R. for the public interest determination is In accordance with 21 CFR left to the discretion of the court, with [Docket No. DEA–392] 1301.33(a), this is notice that on June the recognition that the court’s ‘‘scope 28th, 2018, Rhodes Technologies, 498 of review remains sharply proscribed by Bulk Manufacturer of Controlled precedent and the nature of Tunney Act Substances Application: Rhodes Washington Street, Coventry, Rhode proceedings.’’ SBC Commc’ns, 489 F. Technologies Island 02816 applied to be registered as Supp. 2d at 11; see also Apple, 889 F. a bulk manufacturer of the following ACTION: Notice of application. Supp. 2d at 632 (‘‘[P]rosecutorial basic classes of controlled substances:

Controlled substance Drug code Schedule

Marihuana ...... 7360 I Tetrahydrocannabinols ...... 7370 I Dihydromorphine ...... 9145 I Methylphenidate ...... 1724 II Codeine ...... 9050 II Dihydrocodeine ...... 9120 II Oxycodone ...... 9143 II Hydromorphone ...... 9150 II Hydrocodone ...... 9193 II Levorphanol ...... 9220 II Morphine ...... 9300 II Oripavine ...... 9330 II Thebaine ...... 9333 II Oxymorphone ...... 9652 II Noroxymorpohone ...... 9668 II Tapentadol ...... 9780 II

3 See United States v. Enova Corp., 107 F. Supp. Cas. (CCH) ¶ 61,508, at 71,980, *22 (W.D. Mo. 1977) determine whether those explanations are 2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney (‘‘Absent a showing of corrupt failure of the reasonable under the circumstances.’’); S. Rep. No. Act expressly allows the court to make its public government to discharge its duty, the Court, in 93–298, at 6 (1973) (‘‘Where the public interest can interest determination on the basis of the making its public interest finding, should . . . be meaningfully evaluated simply on the basis of competitive impact statement and response to carefully consider the explanations of the briefs and oral arguments, that is the approach that comments alone’’); United States v. Mid-Am. government in the competitive impact statement Dairymen, Inc., No. 73–CV–681–W–1, 1977–1 Trade and its responses to comments in order to should be utilized.’’).

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The company plans to manufacture public and affected agencies concerning Planning Staff, Two Constitution the listed controlled substances in bulk the proposed collection of information Square, 145 N Street NE, 3E.405A, for conversion and sale to finished are encouraged. Your comments should Washington, DC 20530. dosage form manufacturers. In reference address one or more of the following Dated: August 10, 2018. to drug code 7360 and 7370, the four points: Melody Braswell, company plans to bulk manufacture a —Evaluate whether the proposed synthetic CBD and collection of information is necessary Department Clearance Officer for PRA, U.S. Department of Justice. tetrahydrocannabinol. No other activity for the proper performance of the for drug code 7360 and 7370 are functions of the agency, including [FR Doc. 2018–17529 Filed 8–14–18; 8:45 am] authorized for this registration. whether the information will have BILLING CODE 4410–02–P Dated: August 3, 2018. practical utility; —Evaluate the accuracy of the agency’s John J. Martin, estimate of the burden of the DEPARTMENT OF JUSTICE Assistant Administrator. proposed collection of information, Office of Justice Programs [FR Doc. 2018–17605 Filed 8–14–18; 8:45 am] including the validity of the BILLING CODE 4410–09–P methodology and assumptions used; —Evaluate whether and if so how the [OJP (NIJ) Docket No. 1750] quality, utility, and clarity of the DEPARTMENT OF JUSTICE information to be collected can be Body Armor Manufacturer Workshop enhanced; and [OMB Number 1110–0067] AGENCY: —Minimize the burden of the collection National Institute of Justice, Justice. Agency Information Collection of information on those who are to Activities; Proposed eCollection respond, including through the use of ACTION: Notice. eComments Requested; Revision of an appropriate automated, electronic, Existing Collection in Use Rap Back mechanical, or other technological SUMMARY: The National Institute of Services Form (1–796) collection techniques or other forms Justice (NIJ) is hosting a workshop for of information technology, e.g., body armor manufacturers to provide an AGENCY: Criminal Justice Information permitting electronic submission of overview of draft NIJ Standard 0101.07, Services Division, Federal Bureau of responses. Ballistic Resistance of Body Armor, and Investigation, Department of Justice. Overview of This Information draft NIJ Specification Threat Levels ACTION: 60-Day notice. Collection and Associated Ammunition to Test Equipment Intended to Protect U.S. Law SUMMARY: The Department of Justice (1) Type of Information Collection: Enforcement Against Handguns and (DOJ), Federal Bureau of Investigation Revision of an approved collection. Rifles. A preliminary outline of how the (FBI), Criminal Justice Information (2) Title of the Form/Collection: Rap NIJ Compliance Testing Program (CTP), Services (CJIS) Division, will be Back Services Form (1–796). which manages conformity assessment submitting the following information (3) Agency form number: The form of body armor, will begin to phase out collection request to the Office of number is 1–796. Sponsoring use of NIJ Standard 0101.06 and phase Management and Budget (OMB) for component: Department of Justice, in the use of NIJ Standard 0101.07 in the review and approval in accordance with Federal Bureau of Investigation, administration of the program over the Paperwork Reduction Act of 1995. Criminal Justice Information Services approximately the next year will be DATES: Comments are encouraged and Division. presented. The impact of the transition (4) Affected public who will be asked will be accepted for 60 days until on the Compliant Products List (CPL) or required to respond, as well as a brief October 15, 2018. and Follow-up Inspection Testing (FIT) abstract: Primary: This form is utilized FOR FURTHER INFORMATION CONTACT: If of listed body armor models compliant by authorized agencies to enroll you have additional comments with NIJ Standard 0101.06 over a longer individuals in the Rap Back Service to especially on the estimated public period of time will also be discussed. ensure the submitting agency is notified burden or associated response time, This will be an open forum and there suggestions, or need a copy of the when individuals in positions of trust engage in criminal conduct or will opportunities for attendees to ask proposed information collection questions. Space is limited at this instrument with instructions or individuals under the supervision of a criminal justice agency commit workshop, and as a result, only 100 additional information, please contact participants will be allowed to register. Gerry Lynn Brovey, Supervisory subsequent criminal acts. (5) An estimate of the total number of NIJ requests that each manufacturer Information Liaison Specialist, Federal respondents and the amount of time limit their representatives to no more Bureau of Investigation, Criminal Justice estimated for an average respondent to than two per organization. Exceptions to Information Services Division, 1000 respond: It is estimated that 12 this limit may occur, should space Custer Hollow Road; Clarksburg, WV respondents will complete each form allow. Participants planning to attend 26306; phone: 304–625–4320 or email within approximately 5 minutes. are responsible for their own travel [email protected]. Written comments (6) An estimate of the total public arrangements. To register for the and/or suggestions can also be sent to burden (in hours) associated with the workshop, please send an email to the Office of Management and Budget, collection: There are an estimated 60 [email protected] by 5:00 p.m. Eastern Office of Information and Regulatory total annual burden hours associated time on September 7, 2018, and provide Affairs, Attention Department of Justice with this collection. the name of your company and the Desk Officer, Washington, DC 20503 or _ If additional information is required names of the representatives who will sent to OIRA submissions@ contact: Melody Braswell, Department attend. A preliminary agenda will be omb.eop.gov. Clearance Officer, United States sent to registered attendees SUPPLEMENTARY INFORMATION: Written Department of Justice, Justice approximately one week prior to the comments and suggestions from the Management Division, Policy and workshop.

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DATES: The workshop will be held on Minimum Scheme Requirements to DEPARTMENT OF LABOR Wednesday, September 19, 2018 from Certify Criminal Justice Restraints 8:30 a.m. to 5:00 p.m. Eastern time. Described in NIJ Standard 1001.00: Occupational Safety and Health ADDRESSES: The workshop will be held Safety Equipment Institute, Inc., 1307 Administration at the Loews Annapolis Hotel, 126 West Dolley Madison Boulevard, Suite 3A, [Docket No. OSHA–2012–0004] St., Annapolis, MD 21401. McLean, VA 22101, Telephone: (703) FOR FURTHER INFORMATION CONTACT: 442–5732, Fax: (703) 442–5756, Email: The Cadmium in Construction Mark Greene, Policy and Standards [email protected], http://www.seinet.org/. Standard; Extension of the Office of Division Director, Office of Science and Management and Budget’s (OMB) FOR FURTHER INFORMATION CONTACT: Technology, National Institute of Approval of Information Collection Justice, 810 7th Street NW, Washington, Mark Greene, Policy and Standards (Paperwork) Requirements DC 20531; telephone number: (202) Division Director, Office of Science and 307–3384; email address: Technology, National Institute of AGENCY: Occupational Safety and Health [email protected]. Justice, 810 7th Street NW, Washington, Administration (OSHA), Labor. SUPPLEMENTARY INFORMATION: NIJ DC 20531; telephone number: (202) ACTION: Request for public comments. Standard 0101.07—the proposed 307–3384; email address: [email protected]. SUMMARY: OSHA solicits public revision of NIJ Standard 0101.06, comments concerning the proposal to Ballistic Resistance of Body Armor— SUPPLEMENTARY INFORMATION: Criminal extend OMB approval of the specifies minimum performance justice agencies may still obtain NIJ’s information collection requirements requirements and test methods for the Compliant Products List (CPL) for contained in the Cadmium in General ballistic resistance of body armor used metallic handcuffs that are compliant Industry Standard. by U.S. law enforcement that is with NIJ Standard 0307.01 via the DATES: Comments must be submitted intended to protect the torso against contact information below until handgun and rifle ammunition. A (postmarked, sent, or received) by December 31, 2018 by sending a request request for public comment was October 15, 2018. from an agency email address. While the published in the Federal Register on ADDRESSES: February 22, 2018 (https:// CPL has remained published during the Electronically: You may submit www.federalregister.gov/d/2018-03674). transition period, agencies should be comments and attachments The proposed specification Threat aware that NIJ discontinued the metallic electronically at http:// Levels and Associated Ammunition to handcuffs Compliance Test Program on www.regulations.gov, which is the Test Equipment Intended to Protect U.S. September 14, 2016 (https:// Federal eRulemaking Portal. Follow the Law Enforcement Against Handguns www.federalregister.gov/d/2016-22057) instructions online for submitting and Rifles defines ballistic threats and the CPL has not been updated since comments. identified by U.S. law enforcement as then. For criminal justice agencies Facsimile: If your comments, representative of prevalent threats in the wishing to purchase or procure including attachments, are not longer United States. A request for public restraints certified to meet NIJ Standard than 10 pages you may fax them to the comment was published in the Federal 1001.00, NIJ suggests the following OSHA Docket Office at (202) 693–1648. Register on February 22, 2018 (https:// procurement language: ‘‘Restraints Mail, hand delivery, express mail, www.federalregister.gov/d/2018-03672). tested in accordance with NIJ Standard messenger, or courier service: When using this method, you must submit a David B. Muhlhausen, 1001.00 and certified by a certification body recognized by the National copy of your comments and attachments Director, National Institute of Justice. Institute of Justice.’’ Please note that to the OSHA Docket Office, Docket No. [FR Doc. 2018–17466 Filed 8–14–18; 8:45 am] restraints are certified by the NIJ- OSHA–2012–0004, Occupational Safety BILLING CODE 4410–18–P recognized private sector organization. and Health Administration, U.S. Department of Labor, Room N–3653, They are not certified by NIJ, and the 200 Constitution Avenue NW, products should not be referred to as DEPARTMENT OF JUSTICE Washington, DC 20210. Deliveries ‘‘NIJ certified.’’ More information on NIJ (hand, express mail, messenger, and Office of Justice Programs Standard 1001.00, Criminal Justice courier service) are accepted during the [OJP (NIJ) Docket No. 1749] Restraints Standard, and certification of OSHA Docket Office’s normal business restraints may be found at https:// hours, 10:00 a.m. to 3:00 p.m., ET. Recognizing Private Sector nij.gov/topics/technology/standards- Instructions: All submissions must Certification Programs for Criminal testing/Pages/restraints.aspx, or by include the Agency name and the OSHA Justice Restraints using the shortened link https:// docket number (OSHA–2012–0004) for go.usa.gov/xU2Ay. AGENCY: National Institute of Justice, the Information Collection Request Justice. David B. Muhlhausen, (ICR). All comments, including any ACTION: Notice. personal information you provide, are Director, National Institute of Justice. placed in the public docket without SUMMARY: The National Institute of [FR Doc. 2018–17467 Filed 8–14–18; 8:45 am] change, and may be made available Justice (NIJ) has been transitioning BILLING CODE 4410–18–P online at http://www.regulations.gov. certification of restraints and handcuffs For further information on submitting from an NIJ-operated program to comments, see the ‘‘Public recognition of private sector programs, Participation’’ heading in the section of as previously reported in the Federal this notice titled SUPPLEMENTARY Register (https://federalregister.gov/a/ INFORMATION. 2017-14638). NIJ recognizes the Docket: To read or download following certification program for comments or other material in the restraints as in compliance with docket, go to http://www.regulations.gov

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or the OSHA Docket Office at the above examining physicians with specific Federal eRulemaking Portal; (2) by address. All documents in the docket information, ensuring that workers facsimile (fax); or (3) by hard copy. All (including this Federal Register notice) receive a copy of their medical comments, attachments, and other are listed in the http:// surveillance results, maintaining material must identify the Agency name www.regulations.gov index; however, workers’ exposure monitoring and and the OSHA docket number (Docket some information (e.g., copyrighted medical surveillance records for specific No. OSHA–2012–0005) for the ICR. You material) is not publicly available to periods, and providing access to these may supplement electronic submissions read or download through the website. records by the worker who is the subject by uploading document files All submissions, including copyrighted of the records, the worker’s electronically. If you wish to mail material, are available for inspection representative, and other designated additional materials in reference to an and copying at the OSHA Docket Office. parties. electronic or facsimile submission, you You may also contact Christie Garner at must submit them to the OSHA Docket II. Special Issues for Comment (202) 693–2222 to obtain a copy of the Office (see the section of this notice ICR. OSHA has a particular interest in titled ADDRESSES). The additional FOR FURTHER INFORMATION CONTACT: comments on the following issues: materials must clearly identify • Thomas Mockler or Christie Garner, Whether the proposed information electronic comments by your name, Directorate of Standards and Guidance, collection requirements are necessary date, and the docket number so that the OSHA, U.S. Department of Labor, for the proper performance of the Agency can attach them to your telephone (202) 693–2222. Agency’s functions, including whether comments. the information is useful; SUPPLEMENTARY INFORMATION: Because of security procedures, the • The accuracy of OSHA’s estimate of use of regular mail may cause a I. Background the burden (time and costs) of the significant delay in the receipt of The Department of Labor, as part of its information collection requirements, comments. For information about continuing effort to reduce paperwork including the validity of the security procedures concerning the methodology and assumptions used; delivery of materials by hand, express and respondent (i.e., employer) burden, • conducts a preclearance process to The quality, utility, and clarity of delivery, messenger, or courier service, provide the public with an opportunity the information collected; and please contact the OSHA Docket Office • Ways to minimize the burden on to comment on proposed and at (202) 693–2350; TTY (877) 889–5627. employers who must comply—for continuing information collection Comments and submissions are posted example, by using automated or other requirements in accordance with the without change at http:// technological information collection Paperwork Reduction Act of 1995 www.regulations.gov. Therefore, OSHA and transmission techniques. (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This cautions commenters about submitting program ensures that information is in III. Proposed Actions personal information such as social security numbers and dates of birth. the desired format, the reporting burden The Agency is not seeking a burden- (time and costs) is minimal, the Although all submissions are listed in hour adjustment and will summarize the http://www.regulations.gov index, collection instruments are clearly any comments submitted in response to understood, and OSHA’s estimate of the some information (e.g., copyrighted this notice and will include this material) is not publicly available to information collection burden is summary in its request to OMB. accurate. The Occupational Safety and read or download through this website. Type of Review: Extension of a All submissions, including copyrighted Health Act of 1970 (the OSH Act) (29 currently approved collection. U.S.C. 651 et seq.) authorizes material, are available for inspection Title: Cadmium in Construction (29 and copying at the OSHA Docket Office. information collection by employers as CFR 1926.1127). necessary or appropriate for Information on using the http:// OMB Control Number: 1218–0186. www.regulations.gov website to submit enforcement of the OSH Act or for Affected Public: Business or other for- developing information regarding the comments and access the docket is profits. available at the website’s ‘‘User Tips’’ causes and prevention of occupational Number of Respondents: 10,000. link. Contact the OSHA Docket Office injuries, illnesses, and accidents (see 29 Frequency: On occasion; Quarterly; for information about materials not U.S.C. 657). The OSH Act also requires Semi-annually; Annually. available through the website, and for OSHA to obtain such information with Average Time per Response: Varies assistance in using the internet to locate a minimum burden upon employers, from five minutes (.08 hour) for an docket submissions. especially those operating small employer to notify a worker with businesses, and to reduce to the exposure monitoring results to 1.5 hours V. Authority and Signature maximum extent feasible unnecessary to administer worker medical Loren Sweatt, Deputy Assistant duplication of effort in obtaining said examinations. Secretary of Labor for Occupational information (see 29 U.S.C. 657). Estimated Number of Responses: Safety and Health, directed the The collection of information 258,250. preparation of this notice. The authority requirements specified in the Cadmium Estimated Total Burden Hours: for this notice is the Paperwork in Construction Standard protect 33,720. Reduction Act of 1995 (44 U.S.C. 3506 workers from the adverse health effects Estimated Cost (Operation and et seq.) and Secretary of Labor’s Order that may result from their exposure to Maintenance): $2,211,445. No. 1–2012 (77 FR 3912). cadmium. The major collection of information requirements of the IV. Public Participation—Submission of Signed at Washington, DC, on August 9, Standard include: Conducting worker Comments on This Notice and Internet 2018. exposure monitoring, notifying workers Access to Comments and Submissions Loren Sweatt, of their cadmium exposures, You may submit comments in Deputy Assistant Secretary of Labor for implementing a written compliance response to this document as follows: Occupational Safety and Health. program, implementing medical (1) Electronically at http:// [FR Doc. 2018–17557 Filed 8–14–18; 8:45 am] surveillance of workers, providing www.regulations.gov, which is the BILLING CODE 4510–26–P

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OFFICE OF MANAGEMENT AND Millennium Challenge Compact Ulaanbaatar through a Water Supply BUDGET between the United States of America, Project, the objective of which is to meet acting through MCC, and the country of the projected demand for water in Cumulative Report of Rescissions Mongolia. Representatives of MCC and Ulaanbaatar for residential consumers Proposals Pursuant to the Mongolia signed the compact on July and commercial and industrial users Congressional Budget and 27, 2018. The complete text of the over the medium term in ways that are Impoundment Control Act of 1974 compact has been posted at: https:// economically and environmentally assets.mcc.gov/content/uploads/ sustainable. The Water Supply Project is AGENCY: Executive Office of the compact-mongolia-water.pdf. composed of three activities: President, Office of Management and • Dated: August 9, 2018. Downstream Wells Activity: This Budget. activity involves expansion of the city’s Thomas G. Hohenthaner, ACTION: Notice of monthly cumulative bulk water supply through the report pursuant to the Congressional Deputy Vice President and General Counsel, construction of (i) approximately 52 Millennium Challenge Corporation. Budget and Impoundment Control Act new wells in two downstream wellfields of 1974. Summary of the Mongolia Compact to supply up to 50 million cubic meters of groundwater per year, (ii) associated SUMMARY: Pursuant to the Congressional Overview of MCC Mongolia Compact pipelines, transmission lines, and Budget and Impoundment Control Act MCC’s five-year, $350 million pumps to convey the water, (iii) an of 1974, OMB is issuing a monthly Millennium Challenge Compact with advanced water treatment plant to cumulative report (for August, 2018) the Government of Mongolia (the produce water that meets drinking from the Director detailing the status of ‘‘Government’’) aims to reduce poverty standards, and (iv) storage facilities, a rescission proposals that were through economic growth by assisting pumping station and a conveyance previously transmitted to the Congress the Government in addressing one of the pipeline to transport finished drinking on May 8, 2018, and amended by the country’s most binding constraints to water into the existing municipal water supplementary message transmitted on economic growth: Inadequate access to network of Ulaanbaatar. The activity June 5, 2018. water and sanitation in productive includes advanced technology for DATES: Release Date: August 10, 2018. sectors and poor communities. The purification of the water to ensure that ADDRESSES: The August, 2018 Compact will address this constraint water supplied to the city is safe and cumulative report is available on-line on through a single project that aims to potable. the OMB website at: https:// increase the water supply to the capital • Wastewater Recycling Activity: This www.whitehouse.gov/omb/budget- city, Ulaanbaatar. activity involves a significant reduction rescissions-deferrals/. The Compact will focus on addressing in the demand for fresh water through FOR FURTHER INFORMATION CONTACT: problems within the water sector in the construction of (i) a wastewater Jessica Andreasen, 6001 New Executive Ulaanbaatar, specifically the imminent recycling plant designed to treat a Office Building, Washington, DC 20503, shortage of water that threatens portion of the effluent from the central Email address: jandreasen@ Ulaanbaatar’s economy and that could wastewater treatment plant, (ii) omb.eop.gov, telephone number: (202) begin to reduce the quality of life of its pumping stations and associated 395–3645. Because of delays in the residents as early as 2019. The city pipelines to convey the recycled water receipt of regular mail related to currently draws its annual supply of 77 to water storage facilities near two large security screening, respondents are million cubic meters of drinking water combined heating and power plants, encouraged to use electronic from groundwater aquifers along the and (iii) internal piping, storage communications. upper reaches of the Tuul River, which facilities and control systems to flows through the city. Studies facilitate the use of recycled wastewater John Mulvaney, supported by MCC indicate that any for certain processes within these Director. additional extraction of the groundwater combined heating and power plants, [FR Doc. 2018–17571 Filed 8–14–18; 8:45 am] aquifers upstream will diminish river which are currently the city’s largest BILLING CODE 3110–01–P flow and cause portions of the river in consumers of freshwater. This activity this area to run dry, thus making the will substitute recycled water for at least upper reaches of the river unavailable 14 million cubic meters of freshwater MILLENNIUM CHALLENGE for the development of future water that the combined heating and power CORPORATION supplies. The groundwater aquifers plants consume each year, with an located along the reaches of the Tuul expectation that the volume will [MCC FR 18–09] River downstream from the city must increase over time. The wastewater recycling plant will be the first of its Notice of Entering Into a Compact With therefore support the city’s future needs. kind in Mongolia, helping to pave the the Mongolia However, poorly treated discharge from the city’s outdated and overloaded path for efficient and responsible AGENCY: Millennium Challenge central wastewater treatment plant has management of the scarce water Corporation. contaminated the Tuul River as it flows resources of Ulaanbaatar. • ACTION: Notice. downstream from the city, thereby Water Sector Sustainability introducing potentially harmful Activity: This activity is designed to SUMMARY: In accordance with Section contaminants into these downstream enhance the long-term sustainability of 610(b)(2) of the Millennium Challenge aquifers. The pollution of these aquifers water supplies to the capital city Act of 2003 as amended, and the at a time of rapid growth in the demand through critical policy, legal, regulatory heading ‘‘Millennium Challenge for water only makes the imminent and institutional changes, with a Corporation’’ of the Department of State, water crisis more acute. particular emphasis on achieving full Foreign Operations, and Related cost recovery and making improvements Programs Appropriations Act, 2018, the Project Summary in operations and maintenance. The Millennium Challenge Corporation The Compact will address the Water Sector Sustainability Activity (MCC) is publishing a summary of the constraint of long-term water supply to includes five sub-activities, which will

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support (i) utility-wide financial interventions. This activity will help to demand for water well beyond the end sustainability and cost recovery, (ii) ensure that the benefits of the Compact of the Compact. utility cost savings and cost reach all citizens of Ulaanbaatar and are Compact Budget containment for operation in the ger sustained over the long term. areas, (iii) improved utility operational MCC estimates that the Water Supply Table I presents the Compact budget efficiency, (iv) environmental Project will add 64 million cubic meters and sets forth both the MCC funding by sustainability, industrial pre-treatment, to Ulaanbaatar’s long-term supply of Compact components and the and pollution control, and (v) public water, an 83 percent increase in total Government’s expected $111.76 million communications, stakeholder supply. MCC estimates this volume to in a country contribution toward the engagement, and behavior change be sufficient to meet the city’s growing objectives of the Compact.

TABLE I—MONGOLIA COMPACT BUDGET [In US$ millions]

Compact Program development Total MCC MCC funding by compact components funding under funding under funding section 605 section 609(g)

1. Water Supply Project 1.1 Downstream Wells Activity ...... $223.50 $16.00 $239.50 1.2 Wastewater Recycling Activity ...... 40.95 2.25 43.20 1.3 Water Sector Sustainability Activity ...... 17.04 2.96 20.00

Subtotal ...... 281.49 21.21 302.70 2. Monitoring and Evaluation ...... 10.33 0.03 10.36 3. Program Administration and Oversight ...... 30.12 6.82 36.94

MCC Funding ...... 321.94 28.06 350.00

Total compact funding Amount federal agencies publish in the Federal Consumer Affairs Director, or Matthew Register a notice of the existence and J. Biliouris, Director, Office of Consumer Total MCC Funding ...... $350.00 character of records it maintains that are Financial Protection, Consumer Government of Mongolia retrieved by an individual identifier. Assistance, the National Credit Union Contribution ...... 111.76 This is a republication after full review Administration, 1775 Duke Street, by OMB. Alexandria, Virginia 22314 (Regarding Total Compact ...... 461.76 DATES: Submit comments on or before the NCUA–12, Consumer Complaints [FR Doc. 2018–17574 Filed 8–14–18; 8:45 am] September 14, 2018. This action will be Against Federal Credit Unions System), BILLING CODE 9211–03–P effective without further notice on or Rena Kim, Privacy Attorney, or Linda September 14, 2018 unless comments Dent, Senior Agency Official for are received that would result in a Privacy, Office of General Counsel, the contrary determination. National Credit Union Administration, NATIONAL CREDIT UNION 1775 Duke Street, Alexandria, Virginia ADMINISTRATION ADDRESSES: You may submit comments by any of the following methods, but 22314, or telephone: (703) 518–6540. Privacy Act of 1974: Systems of please send comments by one method SUPPLEMENTARY INFORMATION: Records only: (1) NCUA is Proposing To Update • Federal eRulemaking Portal: http:// NCUA–12, Consumer Complaints AGENCY: National Credit Union www.regulations.gov. Follow the Against Federal Credit Unions. The Administration (NCUA). instructions for submitting comments. NCUA–12 Consumer Complaints ACTION: Notice of a modified system of • NCUA Website: http://www.ncua. Against Federal Credit Unions System is records; notice of modified standard gov/RegulationsOpinionsLaws/ being updated to reflect a change in the routine uses. proposed_regs/proposed_regs.html. manner in which records are accessed Follow the instructions for submitting and retrieved by examination personnel. SUMMARY: Pursuant to the Privacy Act of comments. The NCUA–12 system of records 1974, the National Credit Union • Email: Address to regcomments@ collects and maintains consumer Administration (NCUA) proposes the ncua.gov. Include ‘‘[Your name]— complaints against federal credit unions following changes to: Reflect changes in Comments on NCUA Consumer received and processed by the NCUA information access and retrieval, and Complaints Against Federal Credit Consumer Assistance Center. The change the name of the office system Unions SORN’’ in the email subject line. change in access will improve the owner for an existing system of records, • Fax: (703) 518–6319. Use the effectiveness and efficiency when Consumer Complaints Against Federal subject line described above for email. examiners conduct the required pre- Credit Unions, NCUA–12; revise the • Mail: Address to Gerard Poliquin, exam planning review of consumer authorities to reflect specific Secretary of the Board, National Credit complaints. Examiners may securely programmatic authority for collecting, Union Administration, 1775 Duke view consumer complaints, credit union maintaining, using, and disseminating Street, Alexandria, Virginia 22314– responses, supporting documentation the information; and add a routine use 3428. about complaints, and consumer to all NCUA Systems of Records as part • Hand Delivery/Courier: Same as protection violations concerning the of our Standard Routine Uses. These mail address. credit unions in their assigned region. actions are necessary to meet the FOR FURTHER INFORMATION CONTACT: The update includes a change to the requirements of the Privacy Act that Morgan M. Rogers, Division of office system owner’s name resulting

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from a reorganization. The Consumer PURPOSE(S) OF THE SYSTEM: disclosed outside the NCUA as a routine Assistance Center is a component The system supports the NCUA’s use as follows: within NCUA’s previous Office of supervisory oversight and enforcement (1) Information may be disclosed to Consumer Financial Protection and responsibilities to intake and respond to officials of federal credit unions and Access, now reorganized and renamed consumer inquiries, complaints and other persons mentioned in a complaint the Office of Consumer Financial other communications from the general or identified during an investigation. Protection (OCFP). public, credit unions and other state and (2) Disclosures may be made to the (2) NCUA is Proposing To Revise the federal government banking and law Federal Reserve Board, other federal Authorities for Maintenance of the enforcement agencies regarding federal financial regulatory agencies, the System To Reflect Specific consumer financial protection laws, Federal Financial Institutions Programmatic Authority for Collecting, regulations and credit union activity. Examination Council, the White House Maintaining, Using, and Disseminating Office of Consumer Affairs, and the the Information. We are revising the CATEGORIES OF INDIVIDUALS COVERED BY THE Congress, or any of its authorized SYSTEM: authorities to reflect specific committees in fulfilling reporting programmatic authority for collecting, Individuals who are members of the requirements or assessing maintaining, using, and disseminating public that contact the NCUA’s implementation of applicable laws and the information. Consumer Assistance Center by regulations. (Such disclosures will be (3) NCUA is Proposing To Add One telephone, written correspondence and made in a non-identifiable manner Routine Use to Our Standard Routine web search, including both general when feasible and appropriate.) Uses. This additional routine use will inquiries and complaints concerning (3) Referrals may also be made to facilitate the sharing of NCUA’s federal financial consumer protection other federal and nonfederal information with another agency in its matters within credit unions. supervisory or regulatory authorities efforts to respond to a breach. It will CATEGORIES OF RECORDS IN THE SYSTEM: when the subject matter is a complaint ensure that NCUA meets the This system contains correspondence or inquiry which is more properly requirements of OMB M–17–12 within such agency’s jurisdiction. ‘‘Preparing for and Responding to a and records of other communications between the NCUA and the individual (4) NCUA’s Standard Routine Uses Breach of Personally Identifiable apply to this system of records. Information.’’ submitting a complaint or making an In addition to the substantive updates inquiry, including copies of supporting POLICIES AND PRACTICES FOR STORAGE OF described above, the NCUA has documents and contact information RECORDS: modified the format of NCUA–12 to supplied by the individual. This system Records are stored electronically and align with the guidance set forth in may also contain regulatory and physically. OMB Circular A–108. NCUA–12 and all supervisory communications between of NCUA’s Standard Routine Uses are the NCUA and the NCUA-insured credit POLICIES AND PRACTICES FOR RETRIEVABILITY published in full below. For union in question and/or intra-agency or OF RECORDS: convenience, modified language is inter-agency memoranda or Records are retrieved by individual identified in italics. All of the NCUA’s correspondence relevant to the identifiers such as individual SORNs are available at www.ncua.gov. complaint or inquiry. complainant’s name. By the National Credit Union RECORD SOURCE CATEGORIES: POLICIES AND PRACTICES FOR RETENTION AND Administration Board on August 9, 2018. Information is provided by the DISPOSAL OF RECORDS: Gerard Poliquin, individual complainant, and his or her All records, including audio records, Secretary of the Board. representative such as, a member of are retained in a secure and encrypted Congress or an attorney. Information is SYSTEM NAME AND NUMBER cloud-based storage system for a period also provided by federal credit union of seven years consistent with the Consumer Complaints Against officials and employees. Information is National Archives and Records Federal Credit Unions—NCUA–12. provided by the individual to whom the Administration records retention SECURITY CLASSIFICATION: record pertains, internal agency records, schedule. None. and investigative and other record material compiled in the course of an ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS: SYSTEM LOCATION: investigation, or furnished by other state NCUA Consumer Assistance Center, and federal financial regulatory and law Information in the system is Office of Consumer Financial enforcement government agencies. safeguarded in accordance with the Protection, National Credit Union applicable laws, rules and policies ROUTINE USES OF RECORDS MAINTAINED IN THE Administration, 1775 Duke Street, governing the operation of federal SYSTEM, INCLUDING CATEGORIES OF USERS AND information systems. Alexandria, VA 22314–3428. Third THE PURPOSES OF SUCH USES: party service provider, Salesforce.com, The NCUA’s Consumer Assistance RECORD ACCESS PROCEDURES: Inc. The Landmark at One Market, Suite Center uses these records to document Individuals wishing access to their 300, San Francisco, CA 94105. the submission of and responses to records should submit a written request SYSTEM MANAGER(S): consumer inquiries, complaints and to the Senior Agency Official for Division of Consumer Affairs Director, other communications from the general Privacy, NCUA, 1775 Duke Street, Office of Consumer Financial public regarding federal consumer Alexandria, VA 22314, and provide the Protection, National Credit Union financial protection laws, regulations following information: Administration, 1775 Duke Street, and credit union activity. 1. Full name. Alexandria, Virginia 22314–3428. In addition to those disclosures 2. Any available information generally permitted under 5 U.S.C. regarding the type of record involved. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 552a(b) of the Privacy Act, all or a 3. The address to which the record 12 U.S.C. 1752a, 12 U.S.C. 1766, 12 portion of the records or information information should be sent. U.S.C. 1784(a), and 12 U.S.C. 1789. contained in this system may be 4. You must sign your request.

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Attorneys or other persons acting on regulation, and whether arising by Services Administration (GSA) in behalf of an individual must provide general statute or particular program connection with administrative services written authorization from that statute, or by regulation, rule, or order, provided to this Agency under individual for the representative to act the relevant records in the system or agreement with GSA. on their behalf. Individuals requesting records may be disclosed as a routine 8. Records in a system of records may access must also comply with NCUA’s use to the appropriate agency, whether be disclosed as a routine use to the Privacy Act regulations regarding federal, state, local, or foreign, charged Department of Justice, when: (a) NCUA, verification of identity and access to with the responsibility of investigating or any of its components or employees records (12 CFR 792.55). or prosecuting such violation or charged acting in their official capacities, is a with enforcing or implementing the party to litigation; or (b) Any employee CONTESTING RECORD PROCEDURES: statute, rule, regulation, or order issued of NCUA in his or her individual Individuals wishing to request an pursuant thereto. capacity is a party to litigation and amendment to their records should 2. A record from a system of records where the Department of Justice has submit a written request to the Senior may be disclosed as a routine use to a agreed to represent the employee; or (c) Agency Official for Privacy, NCUA, federal, state, or local agency which The United States is a party in litigation, 1775 Duke Street, Alexandria, VA maintains civil, criminal, or other where NCUA determines that litigation 22314, and provide the following relevant enforcement information or is likely to affect the agency or any of information: other pertinent information, such as its components, is a party to litigation 1. Full name. current licenses, if necessary, to obtain or has an interest in such litigation, and 2. Any available information information relevant to an agency NCUA determines that use of such regarding the type of record involved. decision concerning the hiring or records is relevant and necessary to the 3. A statement specifying the changes retention of an employee, the issuance litigation, provided, however, that in to be made in the records and the of a security clearance, the letting of a each case, NCUA determines that justification therefore. contract, or the issuance of a license, disclosure of the records to the 4. The address to which the response grant, or other benefit. Department of Justice is a use of the should be sent. 3. A record from a system of records information contained in the records 5. You must sign your request. may be disclosed as a routine use to a that is compatible with the purpose for Attorneys or other persons acting on federal agency, in response to its which the records were collected. behalf of an individual must provide request, for a matter concerning the 9. Records in a system of records may written authorization from that hiring or retention of an employee, the be disclosed as a routine use in a individual for the representative to act issuance of a security clearance, the proceeding before a court or on their behalf. reporting of an investigation of an adjudicative body before which NCUA employee, the letting of a contract, or is authorized to appear (a) when NCUA NOTIFICATION PROCEDURES: the issuance of a license, grant, or other or any of its components or employees Individuals wishing to learn whether benefit by the requesting agency, to the are acting in their official capacities; (b) this system of records contains extent that the information is relevant where NCUA or any employee of NCUA information about them should submit a and necessary to the requesting agency’s in his or her individual capacity has written request to the Senior Agency decision in the matter. agreed to represent the employee; or (c) Official for Privacy, NCUA, 1775 Duke 4. A record from a system of records where NCUA determines that litigation Street, Alexandria, VA 22314, and may be disclosed as a routine use to an is likely to affect the agency or any of provide the following information: authorized appeal grievance examiner, its components, is a party to litigation 1. Full name. formal complaints examiner, equal or has an interest in such litigation, and 2. Any available information employment opportunity investigator, NCUA determines that use of such regarding the type of record involved. arbitrator or other duly authorized records is relevant and necessary to the 3. The address to which the record official engaged in investigation or litigation, provided, however, NCUA information should be sent. settlement of a grievance, complaint, or determines that disclosure of the 4. You must sign your request. appeal filed by an employee. Further, a records to the Department of Justice is Attorneys or other persons acting on record from any system of records may a use of the information contained in behalf of an individual must provide be disclosed as a routine use to the the records that is compatible with the written authorization from that Office of Personnel Management in purpose for which the records were individual for the representative to act accordance with the agency’s collected. on their behalf. Individuals requesting responsibility for evaluation and 10. A record from a system of records access must also comply with NCUA’s oversight of federal personnel may be disclosed to contractors, experts, Privacy Act regulations regarding management. consultants, and the agents thereof, and verification of identity and access to 5. A record from a system of records others performing or working on a records (12 CFR 792.55). may be disclosed as a routine use to contract, service, cooperative agreement, officers and employees of a federal or other assignment for NCUA when HISTORY: agency for purposes of audit. necessary to accomplish an agency This system of records notice was 6. A record from a system of records function or administer an employee originally published in 65 FR 3486 may be disclosed as a routine use to a benefit program. Individuals provided (January 21, 2000). It was republished member of Congress or to a information under this routine use are (but not substantively changed in 75 FR congressional staff member in response subject to the same Privacy Act 41539 (July 16, 2010), and 71 FR 77807 to an inquiry from the congressional requirements and limitations on (December 27, 2006). office made at the request of the disclosure as are applicable to NCUA individual about whom the record is employees. NCUA’S STANDARD ROUTINE USES: maintained. 11. A record from a system of records 1. If a record in a system of records 7. A record from a system of records may be disclosed to appropriate indicates a violation or potential may be disclosed as a routine use to the agencies, entities, and persons when (1) violation of civil or criminal law or a officers and employees of the General NCUA suspects or has confirmed that

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the security or confidentiality of individuals whose information is System Name and Number: NCUA–5, information in the system of records has covered by NCUA–5 (NCUA Unofficial Personnel and Employee been compromised; (2) NCUA has employees). Rather, the rescission will Development/Correspondence Records. determined that as a result of the increase the NCUA’s compliance with History: The NCUA originally suspected or confirmed compromise OMB Circular A–108, Section 6, i. published NCUA–5 on January 21, 2001 there is a risk of harm to economic or (December 23, 2016). (65 FR 3486). The NCUA republished property interests, identity theft or DATES: There are no dates associated NCUA–5 on December 27, 2006 (71 FR fraud, or harm to the security or with this rescission because the records 77807), and July 16, 2010 (75 FR 41539). integrity of this system or other systems will continue to be maintained pursuant Both of the publications were of full or programs (whether maintained by to OPM/GOVT–1 and OPM/GOVT–2. republications of the NCUA’s SORNs, NCUA or another agency or entity) that ADDRESSES: You may submit comments neither of which included substantive rely upon the compromised by any of the following methods, but changes to NCUA–5. information; and (3) the disclosure please send comments by one method By the National Credit Union made to such agencies, entities, and only: Administration Board on August 9, 2018. persons is reasonably necessary to assist • Federal eRulemaking Portal: http:// Gerard Poliquin, in connection with NCUA’s efforts to www.regulations.gov. Follow the Secretary of the Board. respond to the suspected or confirmed instructions for submitting comments. [FR Doc. 2018–17518 Filed 8–14–18; 8:45 am] compromise and prevent, minimize, or • NCUA Website: http://www.ncua. BILLING CODE P remedy such harm. gov/RegulationsOpinionsLaws/ 12. A record from a system of records proposed_regs/proposed_regs.html. may be shared with the Office of Follow the instructions for submitting Management and Budget (OMB) in NATIONAL FOUNDATION ON THE comments. ARTS AND THE HUMANITIES connection with the review of private • Email: Address to regcomments@ relief legislation as set forth in OMB ncua.gov. Include ‘‘[Your name]— National Endowment for the Circular A–19 at any stage of the Comments on NCUA Consumer Humanities legislative coordination and clearance Complaints Against Federal Credit process as set forth in that circular. Unions SORN’’ in the email subject line. Meeting of Humanities Panel 13. To another Federal agency or • Fax: (703) 518–6319. Use the Federal entity, when the NCUA subject line described above for email. AGENCY: National Endowment for the determines that information from this • Mail: Address to Gerard Poliquin, Humanities. system of records is reasonably Secretary of the Board, National Credit ACTION: Notice of meeting. necessary to assist the recipient agency Union Administration, 1775 Duke or entity in (1) responding to a Street, Alexandria, Virginia 22314– SUMMARY: The National Endowment for suspected or confirmed breach or (2) 3428. the Humanities will hold six meetings preventing, minimizing, or remedying • Hand Delivery/Courier: Same as of the Humanities Panel, a federal the risk of harm to individuals, the mail address. advisory committee, during September 2018. The purpose of the meetings is for recipient agency or entity (including its FOR FURTHER INFORMATION CONTACT: panel review, discussion, evaluation, information systems, programs, and Linda Dent, Senior Agency Official for and recommendation of applications for operations), the Federal Government, or Privacy, Office of General Counsel, the financial assistance under the National national security, resulting from a National Credit Union Administration, Foundation on the Arts and Humanities suspected or confirmed breach. 1775 Duke Street, Alexandria, Virginia Act of 1965. [FR Doc. 2018–17517 Filed 8–14–18; 8:45 am] 22314, or telephone: (703) 518–6540. DATES: See SUPPLEMENTARY INFORMATION BILLING CODE 7535–01–P SUPPLEMENTARY INFORMATION: The for meeting dates. The meetings will NCUA is proposing to rescind NCUA– open at 8:30 a.m. and will adjourn by 5, Unofficial Personnel and Employee 5:00 p.m. on the dates specified below. NATIONAL CREDIT UNION Development/Correspondence Records ADMINISTRATION because the records covered by NCUA– ADDRESSES: The meetings will be held at 5 are also covered by government-wide Constitution Center at 400 7th Street Privacy Act of 1974; System of SORNs, OPM/GOVT–1 and OPM/ SW, Washington, DC 20506, unless Records GOVT–2. Following the rescission of otherwise indicated. FOR FURTHER INFORMATION CONTACT: AGENCY: National Credit Union NCUA–5, the NCUA will continue to Administration. maintain and use the records as it Elizabeth Voyatzis, Committee Management Officer, 400 7th Street SW, ACTION: Rescindment of a system of previously had, but will rely on the Room 4060, Washington, DC 20506; records notice. government-wide SORNs opposed to its own. A side-by-side comparison of the (202) 606–8322; [email protected]. SUMMARY: NCUA–5, Unofficial types of records, the purposes and the SUPPLEMENTARY INFORMATION: Pursuant Personnel and Employee Development/ routine uses in NCUA–5 and those in to section 10(a)(2) of the Federal Correspondence Records is a system of OPM/GOVT–1 and OPM/GOVT–2 was Advisory Committee Act (5 U.S.C. records that covers unofficial personnel conducted to ensure the proposed App.), notice is hereby given of the and related records maintained by rescission would not orphan any following meetings: NCUA staff to facilitate day-to-day Privacy Act records and was otherwise 1. Date: September 5, 2018 administrative activities. The records in keeping with the spirit of the Privacy This meeting will discuss are covered by OPM/GOVT–1 and OPM/ Act’s notice related provisions. The applications on the topic of U.S. GOVT–2 and therefore, the NCUA is NCUA’s proposal to rescind NCUA–5 is History, for the Digital Projects for the proposing that NCUA–5 be rescinded. part of an effort on the NCUA’s part to Public (Production) grant program, The rescission will not affect business increase compliance with OMB Circular submitted to the Division of Public and will likewise not create any A–108, Section 6, i. (December 23, Programs. additional privacy risks for the 2016). 2. Date: September 6, 2018

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This meeting will discuss MATTERS TO BE CONSIDERED: information related to this document applications on the topics of World I. CALL TO ORDER using any of the following methods: History and Culture, for the Digital II. Approval of Minutes • Federal Rulemaking Website: Go to Projects for the Public (Production) III. Executive Session: Report from CEO http://www.regulations.gov and search grant program, submitted to the Division IV. Executive Session: Internal Audit for Docket ID NRC–2018–0121. Address of Public Programs. Report questions about NRC dockets to Jennifer 3. Date: September 7, 2018 V. Preliminary FY19 Budget Borges; telephone: 301–287–9127; This meeting will discuss VI. Fluid Helix LIFT Vendor Contract email: [email protected]. For applications on the topic of U.S. VII. Housing Counseling Fee for Service technical questions, contact the History, for the Digital Projects for the Opportunity individual listed in the FOR FURTHER Public (Discovery) grant program, VIII. FY18 Corporate Goal Performance INFORMATION CONTACT section of this submitted to the Division of Public IX. 40th Anniversary Board Agency document. Programs. Event • NRC’s Agencywide Documents 4. Date: September 12, 2018 X. Management Program Background Access and Management System This meeting will discuss and Updates (ADAMS): You may obtain publicly- applications on the topic of U.S. XI. Adjournment available documents online in the History, for the Digital Projects for the CONTACT PERSON FOR MORE INFORMATION: ADAMS Public Documents collection at Public (Production) grant program, Rutledge Simmons, Acting EVP & http://www.nrc.gov/reading-rm/ submitted to the Division of Public General Counsel/Secretary, (202) 760– adams.html. To begin the search, select Programs. 4105; [email protected]. ‘‘Begin Web-based ADAMS Search.’’ For 5. Date: September 13, 2018 The General Counsel of the problems with ADAMS, please contact This meeting will discuss Corporation has certified that in his the NRC’s Public Document Room (PDR) applications on the topics of World opinion, one or more of the exemptions reference staff at 1–800–397–4209, 301– History and Culture, for the Digital set forth in 5 U.S.C. 552(b)(2) and (4) 415–4737, or by email to pdr.resource@ Projects for the Public (Discovery) grant permit closure of the following nrc.gov. The ADAMS accession number program, submitted to the Division of portion(s) of this meeting: for each document referenced (if it is Public Programs. • Report from CEO available in ADAMS) is provided the 6. Date: September 14, 2018 • Internal Audit Report first time that it is mentioned in this This meeting will discuss document. applications on the topics of Arts and Rutledge Simmons, • NRC’s PDR: You may examine and Culture, for the Digital Projects for the Acting EVP & General Counsel/Corporate purchase copies of public documents at Public (Production) grant program, Secretary. the NRC’s PDR, Room O1–F21, One submitted to the Division of Public [FR Doc. 2018–17484 Filed 8–13–18; 11:15 am] White Flint North, 11555 Rockville Programs. BILLING CODE 7570–02–P Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Because these meetings will include Michael A. Kunowski, U.S. Nuclear review of personal and/or proprietary Regulatory Commission, Washington, financial and commercial information NUCLEAR REGULATORY DC 20555–0001; telephone: 630–829– given in confidence to the agency by COMMISSION 9618, email: Michael.Kunowski@ grant applicants, the meetings will be [Docket No. 030–05626; NRC–2018–0121] nrc.gov. closed to the public pursuant to sections 552b(c)(4) and 552b(c)(6) of Title 5, National Aeronautics & Space SUPPLEMENTARY INFORMATION: By letter U.S.C., as amended. I have made this Administration; John H. Glenn dated May 10, 2017 (ADAMS Accession determination pursuant to the authority Research Center No. ML17159A717), NASA Glenn granted me by the Chairman’s submitted to the NRC an application to AGENCY: Nuclear Regulatory Delegation of Authority to Close amend Materials License No. 34–00507– Commission. Advisory Committee Meetings dated 16, to allow the unrestricted release of April 15, 2016. ACTION: License amendment application; Building 140 in accordance with the issuance. NRC’s radiological criteria for Dated: August 9, 2018. unrestricted use found in section Michael McDonald, SUMMARY: The U.S. Nuclear Regulatory 20.1402 of title 10 of the Code of Federal Commission (NRC) reviewed an General Counsel, National Endowment for the Regulations (10 CFR). Humanities. application by National Aeronautics & Upon completing its review, the staff [FR Doc. 2018–17603 Filed 8–14–18; 8:45 am] Space Administration John H. Glenn determined the request complies with BILLING CODE 7536–01–P Research Center (NASA Glenn) for the standards and requirements of the amendment of Materials License No. Atomic Energy Act of 1954, as amended 34–00507–16, which authorizes the use (the Act), as well as the NRC’s rules and NEIGHBORHOOD REINVESTMENT and storage of licensed material for regulations. As required by the Act and CORPORATION research and development. The the NRC’s rules and regulations in 10 amendment would allow the CFR chapter I, the staff made the Sunshine Act Meetings unrestricted release of the NASA appropriate findings which are Cyclotron Facility, also known as contained in the safety evaluation report TIME AND DATE: 1:30 p.m., Tuesday, Building 140. (ADAMS Accession No. ML18123A475). August 28, 2018. DATES: August 15, 2018. The staff also prepared an PLACE: NeighborWorks America— ADDRESSES: Please refer to Docket ID environmental assessment of the Gramlich Boardroom, 999 North Capitol NRC–2018–0121 when contacting the proposed action and issued a finding of Street NE, Washington DC 20002. NRC about the availability of no significant impact (ADAMS STATUS: Open (with the exception of information regarding this document. Accession No. ML18124A242). On May Executive Session). You may obtain publicly-available 8, 2018 (ML18129A196), the NRC

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approved and issued Amendment 58 to particularly interested in comments POSTAL REGULATORY COMMISSION Materials License No. 34–00507–16, that: [Docket Nos. CP2017–249; CP2018–283; held by NASA Glenn for the release of 1. Evaluate whether the proposed MC2018–204 and CP2018–284; MC2018–205 Building 140. Pursuant to 10 CFR 30.36, collection of information is necessary and CP2018–285] the NRC is providing notice of the for the proper performance of the action taken. Amendment 58 was functions of the agency, including New Postal Products effective as of the date of issuance. whether the information will have AGENCY: Postal Regulatory Commission. Dated at Rockville, Maryland, this 9th day practical utility; of August, 2018. ACTION: Notice. 2. Evaluate the accuracy of the For the Nuclear Regulatory Commission. agency’s estimate of the burden of the SUMMARY: The Commission is noticing a Michael A. Kunowski, proposed collection of information, recent Postal Service filing for the Chief, Materials Control, ISFSI and including the validity of the Commission’s consideration concerning Decommissioning Branch, Division of Nuclear methodology and assumptions used; negotiated service agreements. This Materials Safety, Region III. notice informs the public of the filing, 3. Enhance the quality, utility, and [FR Doc. 2018–17486 Filed 8–14–18; 8:45 am] invites public comment, and takes other clarity of the information to be BILLING CODE 7590–01–P administrative steps. collected; and DATES: Comments are due: August 17, 4. Minimize the burden of the 2018. collection of information on those who OFFICE OF PERSONNEL are to respond, including through the ADDRESSES: Submit comments MANAGEMENT use of appropriate automated, electronically via the Commission’s Filing Online system at http:// Request for Reinstatement: Certificate electronic, mechanical, or other technological collection techniques or www.prc.gov. Those who cannot submit of Medical Examination, OF 178, 3206– comments electronically should contact 0250 other forms of information technology, e.g., permitting electronic submissions the person identified in the FOR FURTHER AGENCY: Office of Personnel of responses. INFORMATION CONTACT section by Management. telephone for advice on filing Optional Form (OF) 178, Certificate of alternatives. ACTION: 60-Day notice and request for Medical Examination, is used to collect comments. medical information about individuals FOR FURTHER INFORMATION CONTACT: who are incumbents of positions which David A. Trissell, General Counsel, at SUMMARY: Office of Personnel require physical fitness/agility testing 202–789–6820. Management (OPM) offers the general and/or medical examinations, or who SUPPLEMENTARY INFORMATION: public and other Federal agencies the have been selected for such a position opportunity to comment on a previously Table of Contents contingent upon meeting physical approved collection request (ICR) 3206– fitness/agility testing and medical I. Introduction 0250, Certificate of Medical examinations as a condition of II. Docketed Proceeding(s) Examination. As required by the employment. This information is Paperwork Reduction Act of 1995, as I. Introduction needed to ensure fair and consistent amended by the Clinger-Cohen Act, treatment of employees and job The Commission gives notice that the OPM is soliciting comments for this applicants, to adjudicate the medically Postal Service filed request(s) for the collection. based passover of a preference eligible, Commission to consider matters related DATES: Comments are encouraged and and to adjudicate claims of to negotiated service agreement(s). The will be accepted until October 15, 2018. discrimination under the Americans request(s) may propose the addition or This process is conducted in accordance with Disabilities Act (ADA). removal of a negotiated service with 5 CFR 1320.1. agreement from the market dominant or Analysis the competitive product list, or the ADDRESSES: Interested persons are modification of an existing product invited to submit written comments on Agency: Talent Acquisition and currently appearing on the market the proposed information collection to Workforce Shaping, Employee Services, dominant or the competitive product Talent Acquisition and Workforce Office of Personnel Management. list. Shaping, Employee Services, Office of Title: Certificate of Medical Section II identifies the docket Personnel Management, 1900 E Street Examination. number(s) associated with each Postal NW, Washington, DC 2041, Attention: OMB Number: 3206–0250. Service request, the title of each Postal Kimberly Holden or sent via electronic Service request, the request’s acceptance mail to [email protected]. Frequency: Annually. date, and the authority cited by the FOR FURTHER INFORMATION CONTACT: A Affected Public: Federal Government. Postal Service for each request. For each copy of this ICR, with applicable Number of Respondents: 45,000. request, the Commission appoints an supporting documentation, may be officer of the Commission to represent obtained by contacting Talent Estimated Time per Respondent: 3 the interests of the general public in the Acquisition and Workforce Shaping, hours. proceeding, pursuant to 39 U.S.C. 505 Employee Services, Office of Personnel Total Burden Hours: 135,000 hours. (Public Representative). Section II also Management, 1900 E Street NW, establishes comment deadline(s) Washington, DC 20503, Attention: Office of Personnel Management. pertaining to each request. Monica Butler. You can also send via The public portions of the Postal email to [email protected] or call (202) Jeff T.H. Pon, Service’s request(s) can be accessed via 606–4209. Director. the Commission’s website (http:// SUPPLEMENTARY INFORMATION: The Office [FR Doc. 2018–17428 Filed 8–14–18; 8:45 am] www.prc.gov). Non-public portions of of Management and Budget is BILLING CODE 6325–39–P the Postal Service’s request(s), if any,

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can be accessed through compliance POSTAL SERVICE SECURITIES AND EXCHANGE with the requirements of 39 CFR COMMISSION 3007.40. Product Change—Priority Mail Negotiated Service Agreement The Commission invites comments on [Release No. 34–83811; File No. SR–Phlx– whether the Postal Service’s request(s) AGENCY: Postal ServiceTM. 2018–53) in the captioned docket(s) are consistent ACTION: Notice. with the policies of title 39. For Self-Regulatory Organizations; Nasdaq request(s) that the Postal Service states SUMMARY: The Postal Service gives PHLX LLC; Notice of Filing and concern market dominant product(s), notice of filing a request with the Postal Immediate Effectiveness of Proposed applicable statutory and regulatory Regulatory Commission to add a Rule Change To Incorporate the ‘‘PSX requirements include 39 U.S.C. 3622, 39 domestic shipping services contract to Last Sale and Nasdaq Last Sale Plus U.S.C. 3642, 39 CFR part 3010, and 39 the list of Negotiated Service Data Feeds’’ Into the Market Data CFR part 3020, subpart B. For request(s) Agreements in the Mail Classification Enterprise License Proposed by the that the Postal Service states concern Schedule’s Competitive Products List. Nasdaq Stock Market LLC competitive product(s), applicable DATES: Date of required notice: August August 9, 2018 statutory and regulatory requirements 15, 2018. include 39 U.S.C. 3632, 39 U.S.C. 3633, FOR FURTHER INFORMATION CONTACT: Pursuant to Section 19(b)(1) of the 39 U.S.C. 3642, 39 CFR part 3015, and Elizabeth Reed, 202–268–3179. Securities Exchange Act of 1934 39 CFR part 3020, subpart B. Comment (‘‘Act’’),1 and Rule 19b–4 thereunder,2 SUPPLEMENTARY INFORMATION: The deadline(s) for each request appear in ® notice is hereby given that on July 27, section II. United States Postal Service hereby gives notice that, pursuant to 39 U.S.C. 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or II. Docketed Proceeding(s) 3642 and 3632(b)(3), on August 9, 2018, ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or 1. Docket No(s).: CP2017–249; Filing it filed with the Postal Regulatory Commission a USPS Request to Add ‘‘Commission’’) the proposed rule Title: Notice of the United States Postal change as described in Items I, II, and Service of Filing Modification Two to a Priority Mail Contract 461 to Competitive Product List. Documents III, below, which Items have been Global Plus 3 Negotiated Service prepared by the Exchange. The Agreement; Filing Acceptance Date: are available at www.prc.gov, Docket Nos. MC2018–205, CP2018–285. Commission is publishing this notice to August 9, 2018; Filing Authority: 39 CFR solicit comments on the proposed rule 3015.5; Public Representative: Elizabeth Reed, change from interested persons. Christopher C. Mohr; Comments Due: Attorney, Corporate and Postal Business Law. August 17, 2018. This amendment is immediately 2. Docket No(s).: CP2018–283; Filing [FR Doc. 2018–17501 Filed 8–14–18; 8:45 am] effective upon filing.3 BILLING CODE 7710–12–P Title: Notice of the United States Postal I. Self-Regulatory Organization’s Service Filing of a Functionally Statement of the Terms of Substance of Equivalent International Business Reply POSTAL SERVICE the Proposed Rule Change Service Competitive Contract 3 Negotiated Service Agreement; Filing Product Change—Priority Mail The Exchange proposes to incorporate Acceptance Date: August 9, 2018; Filing Negotiated Service Agreement the ‘‘PSX Last Sale and Nasdaq Last Sale Authority: 39 CFR 3015.5; Public Plus Data Feeds’’ into the market data TM Representative: Christopher C. Mohr; AGENCY: Postal Service . enterprise license proposed by the Comments Due: August 17, 2018. ACTION: Notice. Nasdaq Stock Market LLC (‘‘Nasdaq’’), 3. Docket No(s).: MC2018–204 and which is designed to lower fees, reduce SUMMARY: The Postal Service gives CP2018–284; Filing Title: USPS Request administrative costs, and expand the notice of filing a request with the Postal to Add Priority Mail Contract 460 to availability of Nasdaq Last Sale (‘‘NLS’’) Regulatory Commission to add a Competitive Product List and Notice of Plus, NLS, Nasdaq Basic and Nasdaq domestic shipping services contract to Filing Materials Under Seal; Filing Depth-of-Book products. The proposal is the list of Negotiated Service Acceptance Date: August 9, 2018; Filing described in further detail below. Agreements in the Mail Classification Authority: 39 U.S.C. 3642 and 39 CFR Schedule’s Competitive Products List. The text of the proposed rule change 3020.30 et seq.; Public Representative: is available on the Exchange’s website at Christopher C. Mohr; Comments Due: DATES: Date of required notice: August 15, 2018. http://nasdaqphlx.cchwallstreet.com/, August 17, 2018. at the principal office of the Exchange, 4. Docket No(s).: MC2018–205 and FOR FURTHER INFORMATION CONTACT: Elizabeth Reed, 202–268–3179. and at the Commission’s Public CP2018–285; Filing Title: USPS Request Reference Room. to Add Priority Mail Contract 461 to SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby Competitive Product List and Notice of 1 Filing Materials Under Seal; Filing gives notice that, pursuant to 39 U.S.C. 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. Acceptance Date: August 9, 2018; Filing 3642 and 3632(b)(3), on August 9, 2018, 3 This proposed change was initially filed on July Authority: 39 U.S.C. 3642 and 39 CFR it filed with the Postal Regulatory 3, 2018, and became immediately effective on that 3020.30 et seq.; Public Representative: Commission a USPS Request to Add date. See SR–Phlx–2018–51, available at http:// Christopher C. Mohr; Comments Due: Priority Mail Contract 460 to nasdaq.cchwallstreet.com/. It was subsequently refiled on July 17, 2018. See SR–Phlx–2018–52, August 17, 2018. Competitive Product List. Documents available at http://nasdaq.cchwallstreet.com/. A This Notice will be published in the are available at www.prc.gov, Docket firm eligible to purchase the enterprise license Federal Register. Nos. MC2018–204, CP2018–284. proposed by Nasdaq may purchase it for the month of July, effective on July 3, 2018, and the monthly Stacy L. Ruble, Elizabeth Reed, fee for the license will be prorated for the period Secretary. Attorney, Corporate and Postal Business Law. July 3 through July 31, 2018. Any fees owed by the purchaser of the enterprise license for the use of [FR Doc. 2018–17585 Filed 8–14–18; 8:45 am] [FR Doc. 2018–17500 Filed 8–14–18; 8:45 am] NLS Plus on July 1 and July 2, 2018, will also be BILLING CODE 7710–FW–P BILLING CODE 7710–12–P prorated accordingly.

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II. Self-Regulatory Organization’s Circuit Breaker, Regulation SHO Short proposed market data enterprise license Statement of the Purpose of, and Sale Price Test Restricted Indicator, will reduce exchange fees, lower Statutory Basis for, the Proposed Rule Trading Action, and Symbol Directory administrative costs for distributors, and Change are included. NLS Plus may be received help expand the availability of market In its filing with the Commission, the by itself or in combination with information to investors, and thereby NASDAQ Basic. increase participation in financial Exchange included statements Firms that receive NLS Plus pay the markets. The enterprise license is being concerning the purpose of and basis for monthly administrative fees for PSX introduced in response to competition the proposed rule change and discussed Last Sale, BX Last Sale and NLS, and from other exchanges,12 and any comments it received on the distributors pay a data consolidation fee demonstrates both the power and the proposed rule change. The text of these of $350 per month.8 The Exchange does benefits of the competitive market to statements may be examined at the not currently charge user fees for PSX spur innovation and change. places specified in Item IV below. The Last Sale, but firms that receive NLS The purpose of this filing is to Exchange has prepared summaries, set Plus would be required to pay any user incorporate PSX Last Sale fees into the forth in sections A, B, and C below, of fees adopted by the Exchange.9 Nasdaq market data enterprise license as the most significant aspects of such The Exchange proposes to incorporate a means of lowering costs for all three statements. any fees owed under the PSX Last Sale equity markets. The rationale and A. Self-Regulatory Organization’s and Nasdaq Last Sale Plus Data Feeds support for this proposal are the same Statement of the Purpose of, and into the market data enterprise license as already set forth by Nasdaq in its Statutory Basis for, the Proposed Rule proposed by Nasdaq, which is designed companion proposal.13 Change to lower fees, reduce administrative The proposed enterprise license is costs, and expand the availability of optional in that no exchange is required 1. Purpose NLS Plus, NLS, Nasdaq Basic and to offer it and distributors are not The Exchange proposes to incorporate Nasdaq Depth-of-Book products. These required to purchase it. Firms can the ‘‘PSX Last Sale and Nasdaq Last Sale fees include the monthly administrative discontinue its use at any time and for Plus Data Feeds’’ into the market data fee applicable to NLS, PSX Last Sale any reason, and may decide to purchase enterprise license proposed by Nasdaq,4 and BX Last Sale, a data consolidation market data products individually or which is designed to lower fees, reduce fee for Internal or External Distributors, substitute products from one exchange administrative costs, and expand the and any user fees for PSX Last Sale or with competing products from other availability of NLS Plus, NLS, Nasdaq BX Last Sale that may be adopted in the exchanges. Basic and Nasdaq Depth-of-Book future.10 2. Statutory Basis products (TotalView and Level 2). As set forth in greater detail under the NLS Plus is a comprehensive data Nasdaq proposal, the market data The Exchange believes that its feed offered by Nasdaq that allows enterprise license for display usage proposal is consistent with Section 6(b) distributors to access the three last sale proposed by Nasdaq will allow of the Act,14 in general, and furthers the products 5 offered by Nasdaq and its Distributors who are broker-dealers or objectives of Sections 6(b)(4) and 6(b)(5) affiliated U.S. equity exchanges,6 as Investment Advisers 11 to disseminate of the Act,15 in particular, in that it well as the FINRA/Nasdaq Trade these products to a wide audience for a provides for the equitable allocation of Reporting Facility (‘‘TRF’’). It provides monthly fee of $600,000, with the reasonable dues, fees and other charges total cross-market volume information opportunity to lower that fee further to among members and issuers and other at the issue level, and reflects the $500,000 per month if they contract for persons using any facility, and is not cumulative consolidated volume of real- twelve months of service in advance. As designed to permit unfair time trading activity for Tape A, B and explained in greater detail in Nasdaq’s discrimination between customers, C securities.7 NLS Plus provides Trade filing, the Exchange believes that the issuers, brokers, or dealers. Price, Trade Size, Sale Condition As described above, the proposal to Modifiers, Cumulative Consolidated 8 The fee applies to both Internal and External cover PSX fees for NLS Plus within the Distributors. See PSX Last Sale and Nasdaq Last proposed market data enterprise license Market Volume, End of Day Trade Sale Plus Data Feeds, Subsection (b)(1). ‘‘Internal Summary, Adjusted Closing Price, IPO Distributors’’ are Distributors that receive NLS Plus will lower fees, reduce administrative Information, and Bloomberg ID. data and then distribute that data to one or more costs, and expand the availability of Additionally, pertinent regulatory Subscribers within the Distributor’s own entity. market data to retail investors, which ‘‘External Distributors’’ are Distributors that receive the Exchange expects to improve information such as Market Wide NLS Plus data and then distribute that data to one or more Subscribers outside the Distributor’s own transparency for financial market 4 See SR–NASDAQ–2018–058 (not yet entity. participants and lead to increased published). 9 See PSX Last Sale and Nasdaq Last Sale Plus participation in financial markets. 5 The three last sale products consist of Nasdaq Data Feeds, Subsection (b)(3). Discounts for broader dissemination of Last Sale, BX Last Sale, and PSX Last Sale. PSX Last 10 The Exchange also proposes a technical change market data information have routinely Sale consists of two data feeds containing real-time to the PSX Last Sale and Nasdaq Last Sale Plus Data last sale information for trades executed on the Feeds to reflect that PSX administrative fees are been adopted by exchanges and Exchange. ‘‘PSX Last Sale for Nasdaq’’ contains all charged on a monthly, rather than annual, basis. permitted by the Commission as transaction reports for Nasdaq-listed securities. See Securities Exchange Act Release No. 79654 equitable allocations of reasonable dues, ‘‘PSX Last Sale for NYSE/NYSEAmex’’ contains all (December 22, 2016), 81 FR 96140 (December 29, fees and other charges.16 Distributors such transaction reports for securities listed on 2016) (SR–Phlx–2016–122). NYSE, NYSE Amex, and other exchanges. 11 ‘‘Investment Adviser’’ is defined in Section 12 See, e.g., Enterprise Fee for the Cboe Equities 6 The Nasdaq, Inc. U.S. equity markets are Nasdaq 202(a)(11) of the Investment Advisers Act of 1940, One Feed, available at https://markets.cboe.com/us/ PSX, Nasdaq, and Nasdaq BX. as ‘‘any person who, for compensation, engages in equities/market_data_products/bats_one/. 7 Tape A and Tape B securities are disseminated the business of advising others, either directly or 13 pursuant to the Security Industry Automation through publications or writings, as to the value of See n. 4. Corporation’s (‘‘SIAC’’) Consolidated Tape securities or as to the advisability of investing in, 14 15 U.S.C. 78f(b). Association Plan/Consolidated Quotation System, purchasing, or selling securities, or who, for 15 15 U.S.C. 78f(b)(4) and (5). or CTA/CQS (‘‘CTA’’). Tape C securities are compensation and as part of a regular business, 16 For example, the Commission has permitted disseminated pursuant to the NASDAQ Unlisted issues or promulgates analyses or reports pricing discounts for market data under Nasdaq Trading Privileges (‘‘UTP’’) Plan. concerning securities . . . .’’ Continued

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will be free to move from the month to is no unfair discrimination. Each voluntary product for which market month rate to the annual rate at any distributor will be able to accept or participants can readily find substitutes. time, or from the annual rate to the reject the license depending on whether Accordingly, both PSX and Nasdaq are monthly rate, with notice, at the it will or will not lower costs for that constrained from introducing a fee that expiration of the twelve month term. particular distributor, and, if the license would be inequitable or unfairly This proposal demonstrates the is not sufficiently competitive, the discriminatory. existence of an effective, competitive Exchange may lose market share. B. Self-Regulatory Organization’s market because it resulted from a need In adopting Regulation NMS, the Statement on Burden on Competition to generate innovative approaches in Commission granted SROs and broker- response to competition from other dealers increased authority and The Exchange does not believe that exchanges that offer enterprise licenses flexibility to offer new and unique the proposed rule change will impose for market data.17 As the Commission market data to the public. It was any burden on competition not has recognized, ‘‘[i]f competitive forces believed that this authority would necessary or appropriate in furtherance are operative, the self-interest of the expand the amount of data available to of the purposes of the Act. This exchanges themselves will work consumers, and also spur innovation proposal will eliminate PSX fees for powerfully to constrain unreasonable or and competition for the provision of NLS Plus as part of a market data unfair behavior,’’ 18 and ‘‘the existence market data. The Commission enterprise license proposed by Nasdaq of significant competition provides a concluded that Regulation NMS—by that is intended to lower fees, reduce substantial basis for finding that the deregulating the market in proprietary administrative costs, and expand the terms of an exchange’s fee proposal are data—would itself further the Act’s availability of market data to retail equitable, fair, reasonable, and not goals of facilitating efficiency and investors, which the Exchange expects unreasonably or unfairly competition: to lead to increased participation in 19 financial markets. It will not impose a discriminatory.’’ The proposed [E]fficiency is promoted when broker- enterprise license will be subject to burden on competition not necessary or dealers who do not need the data beyond the appropriate in furtherance of the significant competition from other prices, sizes, market center identifications of exchanges because each eligible the NBBO and consolidated last sale purposes of the Act, but rather will distributor will have the ability to information are not required to receive (and enhance competition by introducing an accept or reject the license depending pay for) such data. The Commission also innovative fee structure for market data, on whether it will or will not lower its believes that efficiency is promoted when lowering prices and enhancing fees, and because other exchanges will broker-dealers may choose to receive (and competition. The market for data products is be able to offer their own competitive pay for) additional market data based on their own internal analysis of the need for such extremely competitive and firms may responses. As the Commission has held data.21 freely choose alternative venues and in the past, the presence of competition data vendors based on the aggregate fees provides a substantial basis for a finding The Commission was speaking to the assessed, the data offered, and the value that the proposal will be an equitable question of whether broker-dealers provided. Numerous exchanges compete allocation of reasonable dues, fees and should be subject to a regulatory with each other for listings, trades, and other charges.20 requirement to purchase data, such as market data itself, providing virtually Furthermore, the proposed enterprise Depth-of-Book data, that is in excess of limitless opportunities for entrepreneurs license will not unfairly discriminate the data provided through the who wish to produce and distribute between customers, issuers, brokers or consolidated tape feeds, and the their own market data. This proprietary dealers. The Act does not prohibit all Commission concluded that the choice data is produced by each individual distinctions among customers, but only should be left to them. Accordingly, exchange, as well as other entities, in a discrimination that is unfair, and it is Regulation NMS removed unnecessary vigorously competitive market. not unfair discrimination to charge regulatory restrictions on the ability of exchanges to sell their own data, Transaction execution and proprietary those distributors that are able to reach data products are complementary in that the largest audiences of retail investors thereby advancing the goals of the Act and the principles reflected in its market data is both an input and a a lower fee for incremental investors in byproduct of the execution service. In order to encourage the widespread legislative history. If the free market should determine whether proprietary fact, market data and trade execution are distribution of market data. The a paradigmatic example of joint proposed change to the PSX rule book data is sold to broker-dealers at all, it follows that the price at which such products with joint costs. The decision is designed to incorporate the PSX Last whether and on which platform to post Sale and Nasdaq Last Sale Plus Data data is sold should be set by the market as well. an order will depend on the attributes Feeds into the market data enterprise of the platform where the order can be license proposed by Nasdaq. As The proposed change to the PSX rule book is designed to incorporate the PSX posted, including the execution fees, explained in the Nasdaq filing, the data quality and price, and distribution market data enterprise license will be Last Sale and Nasdaq Last Sale Plus Data Feeds into the market data of its data products. Without trade subject to significant competition, and executions, exchange data products that competition will ensure that there enterprise license proposed by Nasdaq, and the proposed enterprise license will cannot exist. Moreover, data products are valuable to many end users only Rules 7023(c) and 7047(b). See also Securities compete with other enterprise licenses Exchange Act Release No. 82182 (November 30, offered by Nasdaq, underlying fee insofar as they provide information that 2017), 82 FR 57627 (December 6, 2017) (SR–NYSE– schedules promulgated by the end users expect will assist them or 2017–60) (changing an enterprise fee for NYSE BBO Exchange, and enterprise licenses and their customers in making trading and NYSE Trades). decisions. 17 fee structures implemented by other See n. 12. The costs of producing market data 18 Securities Exchange Act Release No. 59039 exchanges. The enterprise license is a (December 2, 2008), 73 FR 74770 (December 9, include not only the costs of the data 2008) (SR–NYSEArca–2006–21). 21 See Securities Exchange Act Release No. 51808 distribution infrastructure, but also the 19 Id. (June 9, 2005), 70 FR 37496 (June 29, 2005) costs of designing, maintaining, and 20 Id. (‘‘Regulation NMS Adopting Release’’). operating the exchange’s transaction

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execution platform, the cost of decisions. If the cost of the product prices for other products sold by the implementing cybersecurity to protect exceeds its expected value, the broker- firm, or otherwise the firm will the data from external threats and the dealer will choose not to buy it. experience a loss in the volume of its cost of regulating the exchange to ensure Moreover, as a broker-dealer chooses to sales that will be adverse to its overall its fair operation and maintain investor direct fewer orders to a particular profitability. In other words, an increase confidence. The total return that a exchange, the value of the product to in the price of data will ultimately have trading platform earns reflects the that broker-dealer decreases, for two to be accompanied by a decrease in the revenues it receives from both products reasons. First, the product will contain cost of executions, or the volume of both and the joint costs it incurs. less information, because executions of data and executions will fall.23 Moreover, the operation of the the broker-dealer’s trading activity will Moreover, the level of competition Exchange is characterized by high fixed not be reflected in it. Second, and and contestability in the market is costs and low marginal costs. This cost perhaps more important, the product evident in the numerous alternative structure is common in content and will be less valuable to that broker- venues that compete for order flow, content distribution industries such as dealer because it does not provide including SRO markets, internalizing software, where developing new information about the venue to which it broker-dealers and various forms of software typically requires a large initial is directing its orders. Data from the alternative trading systems (‘‘ATSs’’), investment (and continuing large competing venue to which the broker- including dark pools and electronic investments to upgrade the software), dealer is directing more orders will communication networks (‘‘ECNs’’). but once the software is developed, the become correspondingly more valuable. Each SRO market competes to produce incremental cost of providing that Similarly, vendors provide price transaction reports via trade executions, software to an additional user is discipline for proprietary data products and two FINRA-regulated TRFs compete typically small, or even zero (e.g., if the because they control the primary means to attract internalized transaction software can be downloaded over the of access to end users. Vendors impose reports. It is common for broker-dealers internet after being purchased).22 price restraints based upon their to further exploit this competition by It is costly for the Exchange to build business models. For example, vendors sending their order flow and transaction and maintain a trading platform, but the that assess a surcharge on data they sell reports to multiple markets, rather than incremental cost of trading each may refuse to offer proprietary products providing them all to a single market. additional share on an existing platform, that end users will not purchase in Competitive markets for order flow, or distributing an additional instance of sufficient numbers. Internet portals executions, and transaction reports data, is very low. Market information impose a discipline by providing only provide pricing discipline for the inputs and executions are each produced data that will enable them to attract of proprietary data products. The large jointly (in the sense that the activities of ‘‘eyeballs’’ that contribute to their number of SROs, TRFs, broker-dealers, trading and placing orders are the advertising revenue. Retail broker- and ATSs that currently produce source of the information that is dealers offer their retail customers proprietary data or are currently capable distributed) and each are subject to proprietary data only if it promotes of producing it provides further pricing significant scale economies. In such trading and generates sufficient discipline for proprietary data products. cases, marginal cost pricing is not commission revenue. Although the Each SRO, TRF, ATS, and broker-dealer feasible because if all sales were priced business models may differ, these is currently permitted to produce at the margin, the Exchange would be vendors’ pricing discipline is the same: proprietary data products, and many unable to defray its platform costs of they can simply refuse to purchase any currently do or have announced plans to providing the joint products. Similarly, proprietary data product that fails to do so, including Nasdaq, NYSE, NYSE data products cannot make use of trade provide sufficient value. Exchanges, American, NYSE Arca, IEX, and BATS/ reports from the TRF without the raw TRFs, and other producers of Direct Edge. material of the trade reports themselves, proprietary data products must and therefore necessitate the costs of understand and respond to these C. Self-Regulatory Organization’s operating, regulating, and maintaining a varying business models and pricing Statement on Comments on the trade reporting system, costs that must disciplines in order to market Proposed Rule Change Received From be covered through the fees charged for proprietary data products successfully. Members, Participants, or Others use of the facility and sales of associated Moreover, the Exchange believes that No written comments were either data. market data products can enhance order solicited or received. An exchange’s broker-dealer flow by providing more widespread III. Date of Effectiveness of the customers view the costs of transaction distribution of information about Proposed Rule Change and Timing for executions and of data as a unified cost transactions in real time, thereby Commission Action of doing business with the exchange. A encouraging wider participation in the broker-dealer will disfavor a particular market by investors with access to the The foregoing rule change has become exchange if the expected revenues from internet or television. Conversely, the effective pursuant to Section executing trades on the exchange do not value of such products to Distributors 19(b)(3)(A)(ii) of the Act.24 exceed net transaction execution costs and investors decreases if order flow At any time within 60 days of the and the cost of data that the broker- falls, because the products contain less filing of the proposed rule change, the dealer chooses to buy to support its content. Commission summarily may trading decisions (or those of its In this environment, there is no temporarily suspend such rule change if customers). The choice of data products economic basis for regulating maximum it appears to the Commission that such is, in turn, a product of the value of the prices for one of the joint products in an action is: (i) Necessary or appropriate in products in making profitable trading industry in which suppliers face competitive constraints with regard to 23 Cf. Ohio v. American Express, No. 16–1454 (S. 22 See William J. Baumol and Daniel G. Swanson, the joint offering. Such regulation is Ct. June 25, 2018), https://www.supremecourt.gov/ opinions/17pdf/16-1454_5h26.pdf (recognizing the ‘‘The New Economy and Ubiquitous Competitive unnecessary because an ‘‘excessive’’ Price Discrimination: Identifying Defensible Criteria need to analyze both sides of a two sided platform of Market Power,’’ Antitrust Law Journal, Vol. 70, price for one of the joint products will market in order to determine its competitiveness). No. 3 (2003). ultimately have to be reflected in lower 24 15 U.S.C. 78s(b)(3)(A)(ii).

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the public interest; (ii) for the protection be submitted on or before September 5, consumer is given the opportunity, of investors; or (iii) otherwise in 2018. before the time that such information is furtherance of the purposes of the Act. For the Commission, by the Division of initially disclosed, to direct that such If the Commission takes such action, the Trading and Markets, pursuant to delegated information not be disclosed to such Commission shall institute proceedings authority.25 third party; and the consumer is given to determine whether the proposed rule Eduardo A. Aleman, an explanation of how the consumer can should be approved or disapproved. Assistant Secretary. exercise that nondisclosure option (‘‘opt IV. Solicitation of Comments [FR Doc. 2018–17492 Filed 8–14–18; 8:45 am] out notice’’). The Rule applies to broker- BILLING CODE 8011–01–P dealers, investment advisers registered Interested persons are invited to with the Commission, and investment submit written data, views, and companies (‘‘covered entities’’). arguments concerning the foregoing, SECURITIES AND EXCHANGE Commission staff estimates that, as of including whether the proposed rule COMMISSION March 31, 2018, the Rule’s information change is consistent with the Act. collection burden applies to Comments may be submitted by any of Proposed Collection; Comment approximately 20,465 covered entities the following methods: Request (approximately 3,857 broker-dealers, Electronic Comments Upon Written Request, Copies Available 12,643 investment advisers registered • Use the Commission’s internet From: Securities and Exchange with the Commission, and 3,965 comment form (http://www.sec.gov/ Commission, Office of FOIA Services, investment companies). In view of (a) rules/sro.shtml); or 100 F Street NE, Washington, DC the minimal recordkeeping burden • Send an email to rule-comments@ 20549–2736. imposed by the Rule (since the Rule has no recordkeeping requirement and sec.gov. Please include File Number SR– Extension: Phlx–2018–53 on the subject line. Regulation S–P. SEC File No. 270–480; records relating to customer OMB Control No. 3235–0537. communications already must be made Paper Comments and retained pursuant to other SEC • Send paper comments in triplicate Notice is hereby given that, pursuant rules); (b) the summary fashion in to Secretary, Securities and Exchange to the Paperwork Reduction Act of 1995 which information must be provided to Commission, 100 F Street NE, (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the customers in the privacy and opt out Washington, DC 20549–1090. Securities and Exchange Commission notices required by the Rule (the model (‘‘Commission’’) is soliciting comments All submissions should refer to File privacy form adopted by the SEC and on the existing collection of information Number SR–Phlx–2018–53. This file the other agencies in 2009, designed to provided for in the privacy notice and number should be included on the serve as both a privacy notice and an opt out notice provisions of Regulation subject line if email is used. To help the opt out notice, is only two pages); (c) the S–P—Privacy of Consumer Financial Commission process and review your availability to covered entities of the Information (17 CFR part 248, subpart comments more efficiently, please use model privacy form and online model A) under the Securities Exchange Act of only one method. The Commission will privacy form builder; and (d) the 1934 (‘‘Exchange Act’’) (15 U.S.C. 78a et post all comments on the Commission’s experience of covered entities’ staff with seq.). The Commission plans to submit internet website (http://www.sec.gov/ the notices, SEC staff estimates that this existing collection of information to rules/sro.shtml). Copies of the the Office of Management and Budget covered entities will each spend an submission, all subsequent (‘‘OMB’’) for extension and approval. average of approximately 12 hours per amendments, all written statements The privacy notice and opt out notice year complying with the Rule, for a total with respect to the proposed rule provisions of Regulation S–P (the of approximately 245,580 annual change that are filed with the ‘‘Rule’’) implement the privacy notice burden-hours (12 x 20,465 = 245,580). Commission, and all written and opt out notice requirements of Title SEC staff understands that the vast communications relating to the V of the Gramm-Leach-Bliley Act majority of covered entities deliver their proposed rule change between the (‘‘GLBA’’), which include the privacy and opt out notices with other Commission and any person, other than requirement that at the time of communications such as account those that may be withheld from the establishing a customer relationship opening documents and account public in accordance with the with a consumer and not less than statements. Because the other provisions of 5 U.S.C. 552, will be annually during the continuation of communications are already delivered available for website viewing and such relationship, a financial institution to consumers, adding a brief privacy printing in the Commission’s Public shall provide a clear and conspicuous and opt out notice should not result in Reference Room, 100 F Street NE, disclosure to such consumer of such added costs for processing or for postage Washington, DC 20549 on official financial institution’s policies and and materials. Also, privacy and opt out business days between the hours of practices with respect to disclosing notices may be delivered electronically 10:00 a.m. and 3:00 p.m. Copies of the nonpublic personal information to to consumers who have agreed to filing also will be available for affiliates and nonaffiliated third parties electronic communications, which inspection and copying at the principal (‘‘privacy notice’’). Title V of the GLBA further reduces the costs of delivery. office of the Exchange. All comments also provides that, unless an exception Because SEC staff assumes that most received will be posted without change. applies, a financial institution may not paper copies of privacy and opt out Persons submitting comments are disclose nonpublic personal information notices are combined with other cautioned that we do not redact or edit of a consumer to a nonaffiliated third required mailings, the burden-hour personal identifying information from party unless the financial institution estimates above are based on resources comment submissions. You should clearly and conspicuously discloses to required to integrate the privacy and opt submit only information that you wish the consumer that such information may notices into another mailing, rather than to make available publicly. All be disclosed to such third party; the on the resources required to create and submissions should refer to File send a separate mailing. SEC staff Number SR–Phlx–2018–53 and should 25 17 CFR 200.30–3(a)(12). estimates that, of the estimated 12

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annual burden-hours incurred, Dated: August 9, 2018. A. Self-Regulatory Organization’s approximately 8 hours would be spent Eduardo A. Aleman, Statement of the Purpose of, and by administrative assistants at an hourly Assistant Secretary. Statutory Basis for, the Proposed Rule rate of $82, and approximately 4 hours [FR Doc. 2018–17488 Filed 8–14–18; 8:45 am] Change would be spent by internal counsel at an BILLING CODE 8011–01–P 1. Purpose hourly rate of $422, for a total annualized internal cost of compliance The Exchange proposes to amend the of $2,344 for each of the covered entities SECURITIES AND EXCHANGE Market Maker Sliding Scale (defined (8 × $82 = $656; 4 × $422 = $1,688; $656 COMMISSION below) contained in its Fee Schedule, + $1,688 = $2,344). Hourly cost of and assessed to MIAX Options Market compliance estimates for administrative Makers,3 to (i) modify certain volume [Release No. 34–83812; File No. SR–MIAX– thresholds, and (ii) increase certain assistant time are derived from the 2018–21] Securities Industry and Financial Maker (as defined below) fees in certain Markets Association’s Office Salaries in Self-Regulatory Organizations; Miami Tiers for options transactions in Penny the Securities Industry 2013, modified International Securities Exchange LLC; classes (as defined below) executed in by SEC staff to account for an 1,800- Notice of Filing and Immediate the simple order book. hour work-year and multiplied by 2.93 Effectiveness of a Proposed Rule Section 1)a)i) of the Fee Schedule sets to account for bonuses, firm size, Change To Amend Its Fee Schedule forth the Exchange’s Market Maker employee benefits and overhead. Hourly Sliding Scale for Market Maker cost of compliance estimates for internal August 9, 2018. Transaction Fees (the ‘‘Sliding Scale’’). counsel time are derived from the Pursuant to the provisions of Section The Sliding Scale assesses a per contract Securities Industry and Financial 19(b)(1) of the Securities Exchange Act transaction fee on a Market Maker for the execution of simple orders and Markets Association’s Management & of 1934 (‘‘Act’’) 1 and Rule 19b–4 quotes (collectively, ‘‘simple orders’’) Professional Earnings in the Securities thereunder,2 notice is hereby given that and complex orders and quotes Industry 2013, modified by SEC staff to on July 31, 2018, Miami International (collectively, ‘‘complex orders’’). The account for an 1,800-hour work-year Securities Exchange LLC (‘‘MIAX percentage threshold by tier is based on and multiplied by 5.35 to account for Options’’ or ‘‘Exchange’’) filed with the the Market Maker’s percentage of total bonuses, firm size, employee benefits, Securities and Exchange Commission national market maker volume in all and overhead. Accordingly, SEC staff (‘‘Commission’’) a proposed rule change options classes that trade on the estimates that the total annualized as described in Items I, II, and III below, Exchange during a particular calendar internal cost of compliance for the which Items have been prepared by the month, or total aggregated volume Exchange. The Commission is estimated total hour burden for the (‘‘TAV’’), and the Exchange aggregates publishing this notice to solicit approximately 20,465 covered entities the volume executed by Market Makers comments on the proposed rule change subject to the Rule is approximately in both simple orders and complex × from interested persons. $47,969,960 ($2,344 20,465 = orders for purposes of determining the $47,969,960). I. Self-Regulatory Organization’s applicable tier and corresponding per Written comments are invited on: (a) Statement of the Terms of Substance of contract transaction fee amount.4 The Whether the proposed collection of the Proposed Rule Change Sliding Scale applies to all MIAX information is necessary for the proper Options Market Makers for transactions performance of the functions of the The Exchange is filing a proposal to in all products (except for mini-options, Commission, including whether the amend the MIAX Options Fee Schedule for which there are separate product information shall have practical utility; (the ‘‘Fee Schedule’’). fees), with fees established for standard (b) the accuracy of the Commission’s The text of the proposed rule change option classes in the Penny Pilot estimates of the burden of the proposed is available on the Exchange’s website at Program 5 (‘‘Penny classes’’) and collection of information; (c) ways to http://www.miaxoptions.com/rule- separate fees for standard option classes enhance the quality, utility, and clarity filings, at MIAX’s principal office, and which are not in the Penny Pilot of the information collected; and (d) at the Commission’s Public Reference ways to minimize the burden of the Room. 3 The term ‘‘Market Makers’’ refers to Lead Market collection of information on Makers (‘‘LMMs’’), Primary Lead Market Makers respondents, including through the use II. Self-Regulatory Organization’s (‘‘PLMMs’’), and Registered Market makers Statement of the Purpose of, and (‘‘RMMs’’) collectively. See Exchange Rule 100. A of automated collection techniques or Directed Order Lead Market Maker (‘‘DLMM’’) and other forms of information technology. Statutory Basis for, the Proposed Rule Change Directed Primary Lead Market Maker (‘‘DPLMM’’) is Consideration will be given to a party to a transaction being allocated to the LMM comments and suggestions submitted in or PLMM and is the result of an order that has been In its filing with the Commission, the directed to the LMM or PLMM. See Fee Schedule, writing within 60 days of this Exchange included statements note 2. publication. concerning the purpose of and basis for 4 The calculation of the volume thresholds does An agency may not conduct or the proposed rule change and discussed not include QCC and cQCC Orders, PRIME and sponsor, and a person is not required to any comments it received on the cPRIME AOC Responses, and unrelated MIAX Market Maker quotes or unrelated MIAX Market respond to, a collection of information proposed rule change. The text of these Maker orders that are received during the Response under the PRA unless it displays a statements may be examined at the Time Interval and executed against the PRIME currently valid OMB control number. places specified in Item IV below. The Order (‘‘PRIME Participating Quotes or Orders’’) and unrelated MIAX Market Maker complex quotes Please direct your written comments Exchange has prepared summaries, set or unrelated MIAX Market Maker complex orders to: Pamela Dyson, Director/Chief forth in sections A, B, and C below, of that are received during the Response Time Interval Information Officer, Securities and the most significant aspects of such and executed against a cPRIME Order (‘‘cPRIME Exchange Commission, c/o Candace statements. Participating Quote or Order’’) (herein ‘‘Excluded Kenner, 100 F Street NE, Washington, Contracts’’). See Fee Schedule, page 2. _ 5 See Securities Exchange Act Release No. 83515 DC 20549, or send an email to: PRA 1 15 U.S.C. 78s(b)(1). (June 25, 2018), 83 FR 30786 (June 29, 2018) (SR– [email protected]. 2 17 CFR 240.19b–4. MIAX–2018–12).

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Program (‘‘non-Penny classes’’), and assessed a fee; the Exchange instead applicable to Members and their further based on whether the Market assesses lower transaction fees to Affiliates that are in PCRP Volume Tier Maker is acting as a ‘‘Maker’’ or a ‘‘makers’’ as compared to ‘‘takers,’’ 3 or higher; and the other setting forth ‘‘Taker’’ in simple orders.6 Market similar to the manner implemented at the transaction fees applicable to Makers that place resting liquidity, i.e., other exchanges.8 Members and their Affiliates that are not quotes or orders on the MIAX Options Further, the Exchange provides in PCRP Volume Tier 3 or higher. The System,7 are assessed the ‘‘maker’’ fee certain discounted Market Maker Sliding Scale also includes Maker and 9 (each a ‘‘Maker’’). Market Makers that transaction fees for Members and their Taker fees in both tables in each Tier for qualified Affiliates 10 that achieve execute against (remove) resting simple orders in Penny classes and non- certain volume thresholds through the liquidity are assessed a higher ‘‘taker’’ Penny classes where the fees are submission of Priority Customer 11 fee (each a ‘‘Taker’’). This is orders under the Exchange’s Priority discounted/differentiated between the distinguished from traditional ‘‘maker- Customer Rebate Program (‘‘PCRP’’),12 tables. taker’’ models where ‘‘makers’’ typically which is set forth on two tables: one The current Sliding Scale tables are as receive a rebate and ‘‘takers’’ are setting forth the transaction fees follows: MEMBERS AND THEIR AFFILIATES IN PRIORITY CUSTOMER REBATE PROGRAM VOLUME TIER 3 OR HIGHER

Simple Complex Per contract fee for Per contract fee for Per contract sur- penny classes non-penny classes Per Per charge for removing Tier Percentage thresholds contract contract liquidity against a fee for fee for resting priority non- customer complex Maker Taker Maker Taker penny penny order on the strategy classes classes book for penny and non-penny classes

All MIAX Market Makers 1 0.00–0.075 ...... $0.21 $0.23 $0.25 $0.30 $0.25 $0.29 $0.10 2 Above 0.075–0.60...... 0.15 0.22 0.19 0.27 0.19 0.23 0.10 3 Above 0.60–1.00...... 0.08 0.19 0.12 0.23 0.12 0.16 0.10 4 Above 1.00–1.50...... 0.04 0.18 0.08 0.22 0.07 0.11 0.10 5 Above 1.50...... 0.02 0.17 0.06 0.21 0.05 0.09 0.10

MEMBERS AND THEIR AFFILIATES NOT IN PRIORITY CUSTOMER REBATE PROGRAM VOLUME TIER 3 OR HIGHER

Simple Complex Per contract fee for Per contract fee for Per contract sur- penny classes non-penny classes Per charge for removing Per contract liquidity against a Tier Percentage thresholds contract fee for resting priority fee for non- customer complex Maker Taker Maker Taker penny penny order on the strategy classes classes book for penny and non-penny classes

All MIAX Market Makers 1 0.00–0.075 ...... $0.23 $0.25 $0.27 $0.32 $0.25 $0.29 $0.10 2 Above 0.075–0.60...... 0.17 0.24 0.21 0.29 0.19 0.23 0.10 3 Above 0.60–1.00...... 0.10 0.21 0.14 0.25 0.12 0.16 0.10 4 Above 1.00–1.50...... 0.06 0.20 0.10 0.24 0.07 0.11 0.10

6 See Securities Exchange Act Release No. 78519 based upon common ownership with a MIAX 11 The term ‘‘Priority Customer’’ means a person (August 9, 2016), 81 FR 54162 (August 15, 2016) Market Maker) that has been appointed by a MIAX or entity that (i) is not a broker or dealer in (SR–MIAX–2016–21). Market Maker, pursuant to the following process. A securities, and (ii) does not place more than 390 7 The term ‘‘System’’ means the automated MIAX Market Maker appoints an EEM and an EEM orders in listed options per day on average during trading system used by the Exchange for the trading appoints a MIAX Market Maker, for the purposes a calendar month for its own beneficial account(s). of securities. See Exchange Rule 100. of the Fee Schedule, by each completing and A ‘‘Priority Customer Order’’ means an order for the 8 The Exchange notes that similar maker-taker sending an executed Volume Aggregation Request account of a Priority Customer. See Exchange Rule Form by email to [email protected] no pricing is implemented at Nasdaq ISE, LLC (‘‘ISE’’). 100. later than 2 business days prior to the first business See Nasdaq ISE Fee Schedule, Section I Regular 12 Under the PCRP, MIAX Options credits each day of the month in which the designation is to Order Fees and Rebates. Member the per contract amount resulting from become effective. Transmittal of a validly 9 each Priority Customer order transmitted by that The term ‘‘Member’’ means an individual or completed and executed form to the Exchange along organization approved to exercise the trading rights with the Exchange’s acknowledgement of the Member which is executed electronically on the associated with a Trading Permit. Members are effective designation to each of the Market Maker Exchange in all multiply-listed option classes deemed ‘‘members’’ under the Exchange Act. See and EEM will be viewed as acceptance of the (excluding, in simple or complex as applicable, Exchange Rule 100. appointment. The Exchange will only recognize one QCC and cQCC Orders, mini-options, Priority 10 For purposes of the MIAX Options Fee designation per Member. A Member may make a Customer-to-Priority Customer Orders, C2C and Schedule, the term ‘‘Affiliate’’ means (i) an affiliate designation not more than once every 12 months cC2C Orders, PRIME and cPRIME AOC Responses, of a Member of at least 75% common ownership (from the date of its most recent designation), which PRIME and cPRIME Contra-side Orders, PRIME and between the firms as reflected on each firm’s Form designation shall remain in effect unless or until the cPRIME Orders for which both the Agency and BD, Schedule A, (‘‘Affiliate’’), or (ii) the Appointed Exchange receives written notice submitted 2 Contra-side Order are Priority Customers, and Market Maker of an Appointed EEM (or, conversely, business days prior to the first business day of the executions related to contracts that are routed to the Appointed EEM of an Appointed Market month from either Member indicating that the one or more exchanges in connection with the Maker). An ‘‘Appointed Market Maker’’ is a MIAX appointment has been terminated. Designations will Options Order Protection and Locked/Crossed Market Maker (who does not otherwise have a become operative on the first business day of the Market Plan referenced in Exchange Rule 1400), corporate affiliation based upon common effective month and may not be terminated prior to provided the Member meets certain percentage ownership with an EEM) that has been appointed the end of the month. Execution data and reports thresholds in a month as described in the Priority by an EEM and an ‘‘Appointed EEM’’ is an EEM will be provided to both parties. See Fee Schedule, Customer Rebate Program table. See Fee Schedule, (who does not otherwise have a corporate affiliation note 1. Section 1)a)iii.

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MEMBERS AND THEIR AFFILIATES NOT IN PRIORITY CUSTOMER REBATE PROGRAM VOLUME TIER 3 OR HIGHER— Continued

Simple Complex Per contract fee for Per contract fee for Per contract sur- penny classes non-penny classes Per charge for removing Per contract liquidity against a Tier Percentage thresholds contract fee for resting priority fee for non- customer complex Maker Taker Maker Taker penny penny order on the strategy classes classes book for penny and non-penny classes

5 Above 1.50...... 0.04 0.19 0.08 0.23 0.05 0.09 0.10

First, the Exchange proposes to above 0.60% up to 1.00% of the total Maker Sliding Scale, in Tiers 2, 3, 4 and modify the monthly volume thresholds monthly volume executed by the 5 for Penny classes, for Members and in the Market Maker Sliding Scale in Member on MIAX Options, not their Affiliates that are in PCRP Volume both the table setting forth the including Excluded Contracts, divided Tier 3 or higher and also for Members transaction fees applicable to Members by the TAV, to become above 0.70% up and their Affiliates not in PCRP Volume and their Affiliates that are in PCRP to 1.10% of the total monthly volume Tier 3 or higher. For options Volume Tier 3 or higher; and in the executed by the Member on MIAX, not transactions in Penny classes by second table setting forth the transaction including Excluded Contracts, divided Members and their Affiliates that are in fees applicable to Members and their by the TAV. The Exchange proposes to PCRP Volume Tier 3 or higher, the Affiliates that are not in PCRP Volume adjust the percentage threshold of Tier Exchange proposes to increase the Tier 3 or higher. Specifically, the 4 from above 1.00% up to 1.50% of the Maker fee in Tier 2 from $0.15 to $0.16, Exchange proposes to adjust the total monthly volume executed by the in Tier 3 from $0.08 to $0.10, in Tier 4 percentage threshold of Tier 2 from Member on MIAX Options, not from $0.04 to $0.05 and in Tier 5 from above 0.075% up to 0.60% of the total including Excluded Contracts, divided $0.02 to $0.03. For options transactions monthly volume executed by the by the TAV, to become above 1.10% up in Penny classes by Members and their Member on MIAX Options, not to 1.50% of the total monthly volume Affiliates that are not in PCRP Volume including Excluded Contracts, divided executed by the Member on MIAX Tier 3 or higher, the Exchange proposes by the TAV, to become above 0.075% Options, not including Excluded to increase the Maker fee in Tier 2 from up to 0.70% of the total monthly Contracts, divided by the TAV. The $0.17 to $0.18, in Tier 3 from $0.10 to volume executed by the Member on Exchange does not propose any $0.12, in Tier 4 from $0.06 to $0.07 and MIAX Options, not including Excluded adjustment to the percentage thresholds in Tier 5 from $0.04 to $0.05. Contracts, divided by the TAV. The of Tier 1 or Tier 5. With all proposed changes Section Exchange proposes to adjust the Second, the Exchange proposes to 1)a)i of the Fee Schedule shall be the percentage threshold of Tier 3 from increase the Maker fees in the Market following: MEMBERS AND THEIR AFFILIATES IN PRIORITY CUSTOMER REBATE PROGRAM VOLUME TIER 3 OR HIGHER

Simple Complex Per contract fee for Per contract fee for Per Per contract sur- penny classes non-penny classes Per contract charge for trading Tier Percentage thresholds contract fee for against a priority cus- fee for non- tomer complex order Maker * Taker Maker * Taker penny penny for penny and non- classes classes penny classes

All MIAX Market Makers 1 0.00–0.075 ...... $0.21 $0.23 $0.25 $0.30 $0.25 $0.32 $0.12 2 Above 0.075–0.70...... 0.16 0.22 0.19 0.27 0.24 0.29 0.12 3 Above 0.70–1.10...... 0.10 0.19 0.12 0.23 0.21 0.25 0.12 4 Above 1.10–1.50...... 0.05 0.18 0.08 0.22 0.20 0.24 0.12 5 Above 1.50...... 0.03 0.17 0.06 0.21 0.19 0.23 0.12

MEMBERS AND THEIR AFFILIATES NOT IN PRIORITY CUSTOMER REBATE PROGRAM VOLUME TIER 3 OR HIGHER

Simple Complex Per contract fee for Per contract fee for Per contract sur- penny classes non-penny classes Per con- Per con- charge for trading Tier Percentage thresholds tract fee tract fee against a priority cus- for penny for non- tomer complex order Maker * Taker Maker * Taker classes penny for penny and non- classes penny classes

All MIAX Market Makers 1 0.00–0.075...... 0.23 0.25 0.27 0.32 0.25 0.32 0.12 2 Above 0.075–0.70...... 0.18 0.24 0.21 0.29 0.24 0.29 0.12 3 Above 0.70–1.10...... 0.12 0.21 0.14 0.25 0.21 0.25 0.12 4 Above 1.10–1.50...... 0.07 0.20 0.10 0.24 0.20 0.24 0.12 5 Above 1.50...... 0.05 0.19 0.08 0.23 0.19 0.23 0.12

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The proposed rule change is believes that the proposed Maker fees appropriate to increase those Maker fees scheduled to become operative August are generally within the range of fees at so that they are more in line with other 1, 2018. other exchanges that have a comparable exchanges, and will still remain highly pricing structure.16 The percentage competitive such that they should 2. Statutory Basis thresholds are intended to continue to enable the Exchange to continue to The Exchange believes that its incentivize MIAX Options Market attract order flow and grow market proposal to amend its fee schedule is Makers to increase the number of orders share. While distinguished from the consistent with Section 6(b) of the Act 13 and quotes they send to the Exchange so traditional ‘‘maker-taker’’ fee model in general, and furthers the objectives of that they can achieve the next threshold, under which an exchange pays a per- Section 6(b)(4) of the Act,14 in that it is and to encourage all market participants contract rebate to their members to an equitable allocation of reasonable to send more orders and quotes as well. encourage them to place resting dues, fees and other charges among Increasing the number of orders and liquidity by providing quotes and orders Exchange members and issuers and quotes sent to the Exchange will in turn (‘‘maker’’) on their trading systems and other persons using its facilities. The provide tighter and more liquid markets, assessing a fee that executes against a Exchange also believes the proposal and therefore attract more business resting order (‘‘taker’’), the Exchange furthers the objectives of Section 6(b)(5) overall. Similarly, the different fees at assesses a reduced fee for ‘‘makers’’ as of the Act,15 in that it is designed to the different Tier levels are based on an compared to ‘‘takers’’ rather than giving prevent fraudulent and manipulative analysis of current revenue and volume the ‘‘maker’’ a rebate. Further, acts and practices, to promote just and levels and are intended to provide Exchange’s proposal to assess a higher equitable principles of trade, to foster continued incentives to MIAX Options Maker fee is reasonable, equitable and cooperation and coordination with Market Makers to increase the volume of not unfairly discriminatory because this persons engaged in facilitating orders and quotes sent to, and contracts would narrow the difference between transactions in securities, to remove executed on, the Exchange. The specific the Maker and Taker fees, which would impediments to and perfect the volume thresholds of the Tiers and rates in turn benefit the public and investors mechanisms of a free and open market are set in order to encourage MIAX by encouraging Market Makers to and a national market system and, in Options Market Makers to continue to provide more order flow. general, to protect investors and the reach for higher tiers. B. Self-Regulatory Organization’s public interest and is not designed to The proposed Maker fee increases in Statement on Burden on Competition permit unfair discrimination between Penny Classes for simple orders in the customer, issuers, brokers and dealers. specified Tiers is reasonable, equitable The Exchange does not believe that The Exchange believes that the and not unfairly discriminatory because the proposed rule change will impose proposed changes to the Tier percentage all similarly situated MIAX Options any burden on competition not thresholds in the Market Maker Sliding Market Makers are subject to the same necessary or appropriate in furtherance Scale are consistent with Section 6(b)(4) tiered fees and access to the Exchange of the purposes of the Act. The and 6(b)(5) of the Act in that they are is offered on terms that are not unfairly proposed fee structure is intended to fair, equitable and not unfairly discriminatory. For competitive and promote narrower spreads and discriminatory because they apply business reasons, the Exchange has kept encourage the posting of liquidity equally to all MIAX Options Market its Maker fees for simple orders in (instead of taking liquidity), and thus Makers. All MIAX Options Market Penny Classes lower than certain other should promote better prices. The Makers are subject to the same fee options exchanges that operate Exchange believes that the proposed schedule, and access to the Exchange is comparable pricing models.17 The changes in the Tier structure in the offered on terms that are not unfairly Exchange now believes that it is Market Maker Sliding Scale should discriminatory. continue to encourage the provision of The Exchange believes that the 16 See NYSE American LLC (‘‘NYSE American’’) liquidity that enhances the quality of proposed changes to the Tier percentage Fee Schedule, p. 11. The NYSE American Market the Exchange’s markets and increases Maker Sliding Scale Tier 1 percentage threshold is the number of trading opportunities on thresholds in the Market Maker Sliding from 0.00% to 0.20%, with a per contract non-take Scale are consistent with Section 6(b)(5) volume fee of $0.25 and a per contract take volume MIAX Options for all participants who of the Act in that they promote equitable fee of $0.25, the Tier 2 percentage threshold is from will be able to compete for such access to the Exchange for all market greater than 0.20% to 0.65%, with a per contract opportunities. The proposed rule non-take volume fee of $0.22 and a per contract take change should enable the Exchange to participants. To the extent that MIAX volume fee of $0.24, the Tier 3 percentage threshold Options Marker Maker volume is is from greater than 0.65% to 1.40%, with a per continue to attract and compete for increased by the proposal, market contract non-take volume fee of $0.12 and a per order flow with other exchanges. participants will increasingly compete contract take volume fee of $0.17, the Tier 4 However, this competition does not percentage threshold is from greater than 1.40% to for the opportunity to trade on the 2.00%, with a per contract non-take volume fee of create an undue burden on competition Exchange including sending more $0.09 and a per contract take volume fee of $0.14, but rather offers all market participants orders and quotes to the Exchange. The and the Tier 5 percentage threshold is greater than the opportunity to receive the benefit of resulting increased volume and 2.020%, with a per contract non-take volume fee of competitive pricing. $0.06 and a per contract take volume fee of $0.09. The proposed Maker fee increases are liquidity will benefit all Exchange See also Cboe Exchange, Inc. (‘‘CBOE’’) Fees participants by providing more trading Schedule, p. 3. The CBOE Liquidity Provider intended to keep the Exchange’s fees opportunities and tighter spreads. Sliding Scale Tier 1 percentage threshold is from highly competitive with those of other The specific percentage thresholds of 0.00% to 0.05%, with a transaction fee per contract exchanges, and to encourage liquidity of $0.23, the Tier 2 percentage threshold is from and should enable the Exchange to the Tiers for Market Makers as well as above 0.05% to 0.80%, with a transaction fee per the fees are set based upon business contract of $0.17, the Tier 3 percentage threshold continue to attract and compete for determinations and an analysis of is from above 0.80% to 1.50%, with a transaction order flow with other exchanges which current volume levels. The Exchange fee per contract of $0.10, the Tier 4 percentage offer comparable Maker fees. threshold is from above 1.50% to 2.25%, with a The Exchange notes that it operates in transaction fee per contract of $0.05, and the Tier 13 15 U.S.C. 78f(b). 5 percentage threshold is above 2.25%, with a a highly competitive market in which 14 15 U.S.C. 78f(b)(4). transaction fee per contract of $0.03. market participants can readily favor 15 15 U.S.C. 78f (b)(5). 17 Id. competing venues if they deem fee

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levels at a particular venue to be number should be included on the SUMMARY OF APPLICATION: Applicants excessive. In such an environment, the subject line if email is used. To help the request an order to permit closed-end Exchange must continually adjust its Commission process and review your management investment companies to fees to remain competitive with other comments more efficiently, please use co-invest in portfolio companies with exchanges and to attract order flow. The only one method. The Commission will each other and with certain affiliated Exchange believes that the proposed post all comments on the Commission’s investment funds and accounts. rule changes reflect this competitive internet website (http://www.sec.gov/ APPLICANTS: Thrivent Financial for environment because they modify the rules/sro.shtml). Copies of the Lutherans (‘‘Thrivent Financial’’), Exchange’s fees in a manner that submission, all subsequent Thrivent Asset Management, LLC encourages market participants to amendments, all written statements (‘‘Thrivent Asset Management’’ and, provide liquidity and to send order flow with respect to the proposed rule together with Thrivent Financial, the to the Exchange rather than remove change that are filed with the ‘‘Existing Advisers’’), and Thrivent liquidity from the market place. Commission, and all written Church Loan and Income Fund communications relating to the (‘‘Church Loan Fund’’ and, together C. Self-Regulatory Organization’s proposed rule change between the with the Existing Advisers, the Statement on Comments on the Commission and any person, other than ‘‘Applicants’’). Proposed Rule Change Received From those that may be withheld from the Members, Participants, or Others FILING DATES: The application was filed public in accordance with the on November 1, 2017, and amended on Written comments were neither provisions of 5 U.S.C. 552, will be March 28, 2018 and June 22, 2018. solicited nor received. available for website viewing and HEARING OR NOTIFICATION OF HEARING: An printing in the Commission’s Public III. Date of Effectiveness of the order granting the requested relief will Reference Room, 100 F Street NE, be issued unless the Commission orders Proposed Rule Change and Timing for Washington, DC 20549 on official Commission Action a hearing. Interested persons may business days between the hours of request a hearing by writing to the The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the Commission’s Secretary and serving effective pursuant to Section filing also will be available for applicants with a copy of the request, 19(b)(3)(A)(ii) of the Act,18 and Rule inspection and copying at the principal 19 personally or by mail. Hearing requests 19b–4(f)(2) thereunder. At any time office of the Exchange. All comments should be received by the Commission within 60 days of the filing of the received will be posted without change. by 5:30 p.m. on September 4, 2018, and proposed rule change, the Commission Persons submitting comments are should be accompanied by proof of summarily may temporarily suspend cautioned that we do not redact or edit service on applicants, in the form of an such rule change if it appears to the personal identifying information from affidavit or, for lawyers, a certificate of Commission that such action is comment submissions. You should service. Pursuant to rule 0–5 under the necessary or appropriate in the public submit only information that you wish Act, hearing requests should state the interest, for the protection of investors, to make available publicly. All nature of the writer’s interest, any facts or otherwise in furtherance of the submissions should refer to File bearing upon the desirability of a purposes of the Act. If the Commission Number SR–MIAX–2018–21, and hearing on the matter, the reason for the takes such action, the Commission shall should be submitted on or before request, and the issues contested. institute proceedings to determine September 5, 2018. Persons who wish to be notified of a whether the proposed rule should be For the Commission, by the Division of hearing may request notification by approved or disapproved. Trading and Markets, pursuant to delegated writing to the Commission’s Secretary. authority.20 IV. Solicitation of Comments ADDRESSES: Secretary, U.S. Securities Eduardo A. Aleman, Interested persons are invited to and Exchange Commission, 100 F St. Assistant Secretary. NE, Washington, DC 20549–1090. submit written data, views, and [FR Doc. 2018–17493 Filed 8–14–18; 8:45 am] arguments concerning the foregoing, Applicants: 625 Fourth Avenue South, BILLING CODE 8011–01–P including whether the proposed rule Minneapolis, Minnesota 55415. change is consistent with the Act. FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Senior Counsel, at (202) 551– Comments may be submitted by any of SECURITIES AND EXCHANGE 6819, or Andrea Ottomanelli Magovern, the following methods: COMMISSION Branch Chief, at (202) 551–6821 Electronic Comments [Investment Company Act Release No. (Division of Investment Management, • Use the Commission’s internet 33197; File No. 812–14838] Chief Counsel’s Office). comment form (http://www.sec.gov/ SUPPLEMENTARY INFORMATION: The Thrivent Financial for Lutherans, et al. rules/sro.shtml); or following is a summary of the • Send an email to rule-comments@ August 9, 2018. application. The complete application sec.gov. Please include File Number SR– AGENCY: Securities and Exchange may be obtained via the Commission’s MIAX–2018–21 on the subject line. Commission (‘‘Commission’’). website by searching for the file Paper Comments ACTION: Notice. number, or for an applicant using the Company name box, at http:// • Send paper comments in triplicate Notice of application for an order www.sec.gov/search/search.htm or by to Secretary, Securities and Exchange under section 17(d) of the Investment calling (202) 551–8090. Commission, 100 F Street NE, Company Act of 1940 (the ‘‘Act’’) and Washington, DC 20549–1090. rule 17d–1 under the Act to permit Applicants’ Representations All submissions should refer to File certain joint transactions otherwise 1. The Church Loan Fund is a Number SR–MIAX–2018–21. This file prohibited by section 17(d) of the Act Delaware statutory trust that will be and rule 17d–1 under the Act. registered as a non-diversified, closed- 18 15 U.S.C. 78s(b)(3)(A)(ii). end management investment company. 19 17 CFR 240.19b–4(f)(2). 20 17 CFR 200.30–3(a)(12). The Church Loan Fund’s investment

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objective will be to seek to produce (a) participate in the same investment though the parent Regulated Fund were income. The Church Loan Fund expects opportunities through a proposed co- participating directly. Applicants to have a policy of investing, under investment program where such represent that this treatment is justified normal market conditions, at least 80% participation would otherwise be because a Wholly-Owned Investment of its assets in Church Loans (as defined prohibited under section 17(d) of the Subsidiary would have no purpose below) and other fixed income Act; and (b) make additional other than serving as a holding vehicle securities. The Church Loan Fund investments in securities of such issuers for the Regulated Fund’s investments anticipates that its board of trustees (‘‘Follow-On Investments’’), including and, therefore, no conflicts of interest (‘‘Board’’) 1 will have five trustees, four through the exercise of warrants, could arise between the Regulated Fund of whom will not be ‘‘interested conversion privileges, and other rights and the Wholly-Owned Investment persons’’ as that term is defined in to purchase securities of the issuers. Subsidiary. The Regulated Fund’s Board section 2(a)(19) of the Act.2 ‘‘Co-Investment Transaction’’ means any would make all relevant determinations 2. Thrivent Financial is organized and transaction in which a Regulated Fund under the conditions with regard to a operates as a ‘‘fraternal benefit society’’ (or its Wholly-Owned Investment Wholly-Owned Investment Subsidiary’s as defined under the laws of the state of Subsidiary, as defined below) participation in a Co-Investment Wisconsin. Thrivent Financial is an participate together with one or more Transaction, and the Regulated Fund’s integrated, not-for-profit, Christian other Regulated Funds and/or Affiliated Board would be informed of, and take membership organization that provides Accounts in reliance on the requested into consideration, any proposed use of a broad range of financial products and Order. ‘‘Potential Co-Investment a Wholly-Owned Investment Subsidiary services. Thrivent Financial is also Transaction’’ means any investment in the Regulated Fund’s place. If the registered as an investment adviser opportunity in which a Regulated Fund Regulated Fund proposes to participate under the Investment Advisers Act of (or its Wholly-Owned Investment in the same Co-Investment Transaction 1940 (the ‘‘Advisers Act’’). Thrivent Subsidiaries) could not participate with any of its Wholly-Owned Financial, among other investments, together with one or more other Investment Subsidiaries, the Board will invests in loans to support church long- Regulated Funds and/or one or more also be informed of, and take into term financing, which includes Affiliated Accounts without obtaining consideration, the relative participation construction and building related and relying on the Order.6 of the Regulated Fund and the Wholly- activities (‘‘Church Loans’’). These 5. Applicants state that a Regulated Owned Investment Subsidiary. Church Loans are made by Thrivent Fund may, from time to time, form one 6. When considering Potential Co- Financial from a portion of its general or more Wholly-Owned Investment Investment Transactions for any account (‘‘Existing Proprietary Subsidiaries.7 Such a subsidiary would Regulated Fund, the relevant Adviser Account’’).3 be prohibited from investing in a Co- will consider only the Objectives and 3. Thrivent Asset Management is a Investment Transaction with any other Strategies,8 investment policies, limited liability company organized Regulated Fund or Affiliated Account investment positions, capital available under the laws of Delaware and is because it would be a company for investment, and other pertinent registered as an investment adviser controlled by its parent Regulated Fund factors applicable to that Regulated under the Advisers Act. Thrivent Asset for purposes of rule 17d–1. Applicants Fund. The Advisers expect that any Management, a wholly owned indirect request that each Wholly-Owned portfolio company that is an appropriate subsidiary of Thrivent Financial, will Investment Subsidiary be permitted to investment for a Regulated Fund should serve as the investment adviser to the participate in Co-Investment also be an appropriate investment for Church Loan Fund. Transactions in lieu of its parent one or more other Regulated Funds and/ 4. Applicants seek an order (‘‘Order’’) Regulated Fund and that the Wholly- or one or more Affiliated Accounts, with to permit one or more Regulated Funds 4 Owned Investment Subsidiary’s certain exceptions based on available and one or more Affiliated Accounts 5 to participation in any such transaction be capital or diversification.9 treated, for purposes of the Order, as 7. Other than pro rata dispositions 1 The term ‘‘Board’’ refers to the board of directors and Follow-On Investments as provided or trustees of any Regulated Fund (as defined ‘‘investment company’’ but for section 3(c)(1) or in conditions 7 and 8, and after making below). 3(c)(7) of the Act, is formed in the future, and is the determinations required in 2 The term ‘‘Independent Trustees’’ refers to the advised by the Advisers. No Affiliated Fund is or directors or trustees of any Regulated Fund who are will be a subsidiary of a Regulated Fund. conditions 1 and 2(a), the applicable not ‘‘interested persons’’ within the meaning of 6 All existing entities that currently intend to rely Adviser will present each Potential Co- section 2(a)(19) of the Act. upon the requested Order have been named as Investment Transaction and the 3 ‘‘Proprietary Account’’ means the Existing applicants. Any other existing or future entity that proposed allocation to the trustees of Proprietary Account and any Future Proprietary subsequently relies on the Order will comply with the Board eligible to vote on that Co- Accounts. ‘‘Future Proprietary Account’’ means any the terms and conditions of the application. direct or indirect, wholly- or majority-owned 7 The term ‘‘Wholly-Owned Investment Investment Transaction (the ‘‘Eligible subsidiary of the Advisers that is formed in the Subsidiary’’ means any entity: (i) That is wholly- Trustees’’) 10 and the majority of such future and, from time to time, may hold various owned by a Regulated Fund (with such Regulated trustees of the Board who are financial assets in a principal capacity and intends Fund at all times holding, beneficially and of Independent Trustees (a ‘‘Required to invest in the co-investment program. ‘‘Advisers’’ record, 100% of the voting and economic interests); means (a) the Existing Advisers; and (b) any future (ii) whose sole business purpose is to hold one or investment adviser that controls, is controlled by, more investments on behalf of such Regulated 8 The term ‘‘Objectives and Strategies’’ means a or is under common control with the Existing Fund; (iii) with respect to which the board of Regulated Fund’s investment objectives and Advisers and is registered as an investment adviser trustees of such Regulated Fund has the sole strategies as described in the Regulated Fund’s under the Advisers Act. authority to make all determinations with respect registration statement on Form N–2, other filings 4 ‘‘Regulated Funds’’ refers to the Church Loan to the entity’s participation under the conditions of the Regulated Fund has made with the Commission Fund and any Future Regulated Fund. ‘‘Future the application; and (iv) that would be an under the Securities Act of 1933, the Securities Regulated Fund’’ means any closed-end investment company but for section 3(c)(1) or Exchange Act of 1934 or the Act, and the Regulated management investment company formed in the 3(c)(7) of the Act. All subsidiaries participating in Fund’s reports to investors. future that is registered under the Act and is Co-Investment Transactions will be Wholly-Owned 9 The Regulated Funds, however, will not be advised by an Adviser. Investment Subsidiaries and will have Objectives obligated to invest, or co-invest, when investment 5 ‘‘Affiliated Accounts’’ means any Proprietary and Strategies (as defined below) that are either the opportunities are referred to them. Accounts and Affiliated Funds. ‘‘Affiliated Fund’’ same as, or a subset of, their parent Regulated 10 Eligible Trustees may not have a financial means any investment fund that would be an Fund’s Objectives and Strategies. interest in such transaction, plan, or arrangement.

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Majority’’) will approve each Co- independence, cost to the investors, and and Affiliated Accounts, collectively, in Investment Transaction prior to any other factors that they deem relevant. the same transaction, exceeds the investment by the participating amount of the investment opportunity, Applicants’ Legal Analysis Regulated Fund. the investment opportunity will be 8. With respect to the pro rata 1. Section 17(d) of the Act and rule allocated among them pro rata based on dispositions and Follow-On Investments 17d–1 under the Act prohibit affiliated each participant’s capital available for provided in conditions 7 and 8, a persons of a registered investment investment in the asset class being Regulated Fund may participate in a pro company from participating in joint allocated, up to the amount proposed to rata disposition or Follow-On transactions with the company unless be invested by each. The applicable Investment without obtaining prior the Commission has granted an order Adviser will provide the Eligible approval of the Required Majority if, permitting such transactions. In passing Trustees of each participating Regulated among other things: (i) The proposed upon applications under rule 17d–1, the Fund with information concerning each participation of each Regulated Fund Commission considers whether the participating party’s available capital to and each Affiliated Account in such company’s participation in the joint assist the Eligible Trustees with their disposition is proportionate to its transaction is consistent with the review of the Regulated Fund’s outstanding investments in the issuer provisions, policies, and purposes of the investments for compliance with these immediately preceding the disposition Act and the extent to which such allocation procedures. participation is on a basis different from or Follow-On Investment, as the case (c) After making the determinations or less advantageous than that of other may be; and (ii) the Board of the required in conditions 1 and 2(a), the participants. Regulated Fund has approved that applicable Adviser will distribute Regulated Fund’s participation in pro 3. Applicants state that in the absence written information concerning the rata dispositions and Follow-On of the requested relief, the Regulated Potential Co-Investment Transaction Investments as being in the best Funds may be, in some circumstances, (including the amount proposed to be interests of the Regulated Fund. If the limited in their ability to participate in invested by each Regulated Fund and Board does not so approve, any such attractive and appropriate investment each Affiliated Account) to the Eligible disposition or Follow-On Investment opportunities. Applicants believe that Trustees of each participating Regulated will be submitted to the Regulated the proposed terms and conditions will Fund for their consideration. A Fund’s Eligible Trustees. The Board of ensure that the Co-Investment Regulated Fund will co-invest with any Regulated Fund may at any time Transactions are consistent with the another Regulated Fund or an Affiliated rescind, suspend or qualify its approval protection of each Regulated Fund’s of pro rata dispositions and Follow-On shareholders and with the purposes Account only if, prior to the Regulated Investments with the result that all intended by the policies and provisions Fund’s participation in the Potential Co- dispositions and/or Follow-On of the Act. Applicants state that the Investment Transaction, a Required Investments must be submitted to the Regulated Funds’ participation in the Majority concludes that: Eligible Trustees. Co-Investment Transactions will be (i) The terms of the Potential Co- 9. No Independent Trustee of a consistent with the provisions, policies, Investment Transaction, including the Regulated Fund will have a direct or and purposes of the Act and on a basis consideration to be paid, are reasonable indirect financial interest in any Co- that is not different from or less and fair to the Regulated Fund and its Investment Transaction (other than advantageous than that of other investors and do not involve indirectly through share ownership in participants. overreaching in respect of the Regulated one of the Regulated Funds), including Fund or its investors on the part of any any interest in any issuer whose Applicants’ Conditions person concerned; securities would be acquired in a Co- Applicants agree that the Order will (ii) the Potential Co-Investment Investment Transaction. be subject to the following conditions: Transaction is consistent with: 10. Under condition 16, if an Adviser, 1. Each time an Adviser considers a (A) The interests of the Regulated its principals, or any person controlling, Potential Co-Investment Transaction for Fund’s investors; and controlled by, or under common control another Regulated Fund or an Affiliated with the Adviser or its principals, and Account that falls within a Regulated (B) the Regulated Fund’s then-current the Affiliated Accounts (collectively, the Fund’s then-current Objectives and Objectives and Strategies; ‘‘Holders’’) own in the aggregate more Strategies, the Regulated Fund’s Adviser (iii) the investment by any other than 25 percent of the outstanding will make an independent Regulated Funds or any Affiliated voting shares of a Regulated Fund (the determination of the appropriateness of Accounts would not disadvantage the ‘‘Shares’’), then the Holders will vote the investment for the Regulated Fund Regulated Fund, and participation by such Shares as directed by an in light of the Regulated Fund’s then- the Regulated Fund would not be on a independent third party when voting on current circumstances. basis different from or less advantageous matters specified in the condition. 2. (a) If the Adviser deems a Regulated than that of any other Regulated Funds Applicants believe that this condition Fund’s participation in any Potential or any Affiliated Accounts; provided will ensure that the Independent Co-Investment Transaction to be that, if any other Regulated Fund or any Trustees will act independently in appropriate for the Regulated Fund, the Affiliated Account, but not the evaluating the co-investment program, Adviser will then determine an Regulated Fund itself gains the right to because the ability of an Adviser or the appropriate level of investment for the nominate a director for election to a principals to influence the Independent Regulated Fund. portfolio company’s board of directors Trustees by a suggestion, explicit or (b) If the aggregate amount or the right to have a board observer or implied, that the Independent Trustees recommended by the applicable Adviser any similar right to participate in the can be removed will be limited to be invested by the applicable governance or management of the significantly. The Independent Trustees Regulated Fund in the Potential Co- portfolio company, such event shall not shall evaluate and approve any such Investment Transaction together with be interpreted to prohibit the Required independent third party, taking into the amount proposed to be invested by Majority from reaching the conclusions account its qualifications, reputation for the other participating Regulated Funds required by this condition (2)(c)(iii), if:

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(A) The Eligible Trustees will have 5. Except for Follow-On Investments quarterly basis with a list of all the right to ratify the selection of such made in accordance with condition 8,11 dispositions made in accordance with director or board observer, if any; and a Regulated Fund will not invest in this condition. In all other cases, the (B) the applicable Adviser agrees to, reliance on the Order in any issuer in Adviser will provide its written and does, provide periodic reports to which another Regulated Fund, recommendation as to the Regulated the Board of the Regulated Fund with Affiliated Account, or any affiliated Fund’s participation to the Regulated respect to the actions of such director or person of another Regulated Fund or Fund’s Eligible Trustees, and the the information received by such board Affiliated Account is an existing Regulated Fund will participate in such observer or obtained through the investor. disposition solely to the extent that a exercise of any similar right to 6. A Regulated Fund will not Required Majority determines that it is participate in the governance or participate in any Potential Co- in the Regulated Fund’s best interests. management of the portfolio company; Investment Transaction unless the (d) Each Regulated Fund and each and terms, conditions, price, class of Affiliated Account will bear its own (C) any fees or other compensation securities to be purchased, settlement expenses in connection with any such that any Regulated Fund or any date and registration rights, will be the disposition. Affiliated Account or any affiliated same for each participating Regulated 8. (a) If a Regulated Fund or an person of any Regulated Fund or any Fund and Affiliated Account. The grant Affiliated Account desires to make a Affiliated Account receives in to another Regulated Fund or Affiliated Follow-On Investment in a portfolio connection with the right of a Regulated Account, but not the Regulated Fund, of company whose securities were Fund or an Affiliated Account to the right to nominate a director for acquired in a Co-Investment nominate a director or appoint a board election to a portfolio company’s board Transaction, the applicable Adviser observer or otherwise to participate in of directors or the right to have a board will: the governance or management of the observer or any similar right to (i) Notify each Regulated Fund that portfolio company will be shared participate in the governance or participated in the Co-Investment proportionately among the participating management of the portfolio company Transaction of the proposed transaction Affiliated Accounts (who may each, in will not be interpreted so as to violate at the earliest practical time; and (ii) formulate a recommendation as to turn, share its portion with its affiliated this condition 6, if conditions the proposed participation, including persons) and the participating Regulated 2(c)(iii)(A), (B) and (C) are met. the amount of the proposed Follow-On Funds in accordance with the amount of 7. (a) If any Regulated Fund or an Affiliated Account elects to sell, Investment, by each Regulated Fund. each party’s investment; and (b) A Regulated Fund may participate exchange or otherwise dispose of an (iv) the proposed investment by the in such Follow-On Investment without interest in a security that was acquired Regulated Fund will not benefit any obtaining prior approval of the Required in a Co-Investment Transaction, the Adviser, the other Regulated Funds, the Majority if: (i) The proposed applicable Adviser will: Affiliated Accounts, or any affiliated participation of each Regulated Fund (i) Notify each Regulated Fund that person of any of them (other than the and each Affiliated Account in such participated in the Co-Investment parties to the Co-Investment investment is proportionate to its Transaction of the proposed disposition Transaction), except (A) to the extent outstanding investments in the issuer at the earliest practical time; and permitted by condition 13, (B) to the immediately preceding the Follow-On (ii) formulate a recommendation as to extent permitted by section 17(e) of the Investment; and (ii) the Board of the participation by each Regulated Fund in Act, as applicable, (C) indirectly, as a Regulated Fund has approved as being result of an interest in the securities the disposition. (b) Each Regulated Fund will have the in the best interests of the Regulated issued by one of the parties to the Co- Fund the ability to participate in Investment Transaction, or (D) in the right to participate in such disposition on a proportionate basis, at the same Follow-On Investments on a pro rata case of fees or other compensation basis (as described in greater detail in described in condition 2(c)(iii)(C). price and on the same terms and conditions as those applicable to the the application). In all other cases, the 3. Each Regulated Fund has the right Adviser will provide its written to decline to participate in any Potential participating Regulated Funds and Affiliated Accounts. recommendation as to the Regulated Co-Investment Transaction or to invest Fund’s participation to the Eligible less than the amount proposed. (c) A Regulated Fund may participate in such disposition without obtaining Trustees, and the Regulated Fund will 4. The applicable Adviser will present participate in such Follow-On to the Board of each Regulated Fund, on prior approval of the Required Majority if: (i) The proposed participation of each Investment solely to the extent that a a quarterly basis, a record of all Required Majority determines that it is investments in Potential Co-Investment Regulated Fund and each Affiliated Account in such disposition is in the Regulated Fund’s best interests. Transactions made by any of the other (c) If, with respect to any Follow-On proportionate to its outstanding Regulated Funds or Affiliated Accounts Investment: during the preceding quarter that fell investments in the issuer immediately (i) The amount of a Follow-On within the Regulated Fund’s then- preceding the disposition; (ii) the Board Investment is not based on the current Objectives and Strategies that of the Regulated Fund has approved as Regulated Funds’ and the Affiliated were not made available to the being in the best interests of the Accounts’ outstanding investments Regulated Fund, and an explanation of Regulated Fund the ability to participate immediately preceding the Follow-On why the investment opportunities were in such dispositions on a pro rata basis Investment; and not offered to the Regulated Fund. All (as described in greater detail in the (ii) the aggregate amount information presented to the Board application); and (iii) the Board of the recommended by the Adviser to be pursuant to this condition will be kept Regulated Fund is provided on a invested by each Regulated Fund in the for the life of the Regulated Fund and Follow-On Investment, together with at least two years thereafter, and will be 11 This exception applies only to Follow-On Investments by a Regulated Fund in issuers in the amount proposed to be invested by subject to examination by the Securities which that Regulated Fund already holds the participating Affiliated Accounts in and Exchange Commission and its staff. investments. the same transaction, exceeds the

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amount of the opportunity; then the 13. Any transaction fee 12 (including 16. If the Holders own in the aggregate amount invested by each such party will break-up or commitment fees but more than 25 percent of the Shares of be allocated among them pro rata based excluding broker’s fees contemplated by a Regulated Fund, then the Holders will on each party’s capital available for section 17(e) of the Act, as applicable), vote such Shares as directed by an investment in the asset class being received in connection with a Co- independent third party when voting on allocated, up to the amount proposed to Investment Transaction will be (1) the election of trustees; (2) the be invested by each. distributed to the participating removal of one or more trustees; or (3) (d) The acquisition of Follow-On Regulated Funds and Affiliated all other matters under either the Act or Investments as permitted by this Accounts on a pro rata basis based on applicable State law affecting the condition will be considered a Co- the amounts they invested or Board’s composition, size or manner of Investment Transaction for all purposes committed, as the case may be, in such election. 17. Each Regulated Fund’s chief and subject to the other conditions set Co-Investment Transaction. If any compliance officer, as defined in Rule forth in the application. transaction fee is to be held by the Adviser pending consummation of the 38a–1(a)(4) under the Act, will prepare 9. The Independent Trustees of each transaction, the fee will be deposited an annual report for its Board each year Regulated Fund will be provided into an account maintained by the that evaluates (and documents the basis quarterly for review all information Adviser at a bank or banks having the of that evaluation) the Regulated Fund’s concerning Potential Co-Investment qualifications prescribed in section compliance with the terms and Transactions and Co-Investment 26(a)(1) of the Act, and the account will conditions of the application and the Transactions, including investments earn a competitive rate of interest that procedures established to achieve such made by other Regulated Funds and the will also be divided pro rata among the compliance. Affiliated Accounts that the Regulated participating Regulated Funds and For the Commission, by the Division of Fund considered but declined to Affiliated Accounts based on the Investment Management, under delegated participate in, so that the Independent amounts they invest in such Co- authority. Trustees may determine whether all Investment Transaction. None of the Eduardo A. Aleman, investments made during the preceding Affiliated Accounts, the Advisers, the Assistant Secretary. quarter, including those investments other Regulated Funds or any affiliated [FR Doc. 2018–17497 Filed 8–14–18; 8:45 am] which the Regulated Fund considered person of the Regulated Funds or BILLING CODE 8011–01–P but declined to participate in, comply Affiliated Accounts will receive with the conditions of the Order. In additional compensation or addition, the Independent Trustees will remuneration of any kind as a result of SECURITIES AND EXCHANGE consider at least annually the continued or in connection with a Co-Investment COMMISSION appropriateness for the Regulated Fund Transaction (other than (a) in the case of participating in new and existing Co- [Release No. 34–83810; File No. SR–BX– of the Regulated Funds and the 2018–036] Investment Transactions. Affiliated Accounts, the pro rata 10. Each Regulated Fund will transaction fees described above and Self-Regulatory Organizations; Nasdaq maintain the records required by section fees or other compensation described in BX, Inc.; Notice of Filing and 57(f)(3) of the Act as if each of the condition 2(c)(iii)(C); and (b) in the case Immediate Effectiveness of Proposed Regulated Funds were a business of the Advisers, investment advisory Rule Change To Incorporate BX Rule development company (as defined in fees paid in accordance with the 7039 Into the Market Data Enterprise section 2(a)(48) of the Act) and each of agreements between the Advisers and License Proposed by the Nasdaq the investments permitted under these the Regulated Funds or the Affiliated Stock Market LLC conditions were approved by the Accounts). 14. The Proprietary Accounts will not August 9, 2018. Required Majority under section 57(f) of Pursuant to Section 19(b)(1) of the the Act. be permitted to invest in a Potential Co- Investment Transaction except to the Securities Exchange Act of 1934 11. No Independent Trustee of a extent the demand from the Regulated (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Regulated Fund will also be a director, Funds and the other Affiliated Accounts notice is hereby given that on July 27, trustee, general partner, managing is less than the total investment 2018, Nasdaq BX, Inc. (‘‘BX’’ or member or principal, or otherwise an opportunity. ‘‘Exchange’’) filed with the Securities ‘‘affiliated person’’ (as defined in the 15. The Advisers will each maintain and Exchange Commission (‘‘SEC’’ or Act), of an Affiliated Account. policies and procedures reasonably ‘‘Commission’’) the proposed rule 12. The expenses, if any, associated designed to ensure compliance with the change as described in Items I, II, and with acquiring, holding or disposing of foregoing conditions. These policies and III, below, which Items have been any securities acquired in a Co- procedures will require, among other prepared by the Exchange. The Investment Transaction (including, things, that the applicable Adviser will Commission is publishing this notice to without limitation, the expenses of the be notified of all Potential Co- solicit comments on the proposed rule distribution of any such securities Investment Transactions that fall within change from interested persons. registered for sale under the Securities a Regulated Fund’s then-current This amendment is immediately Act of 1933) will, to the extent not Objectives and Strategies and will be effective upon filing.3 payable by an Adviser under the given sufficient information to make its 1 investment advisory agreements with independent determination and 15 U.S.C. 78s(b)(1). recommendations under conditions 1, 2 17 CFR 240.19b–4. the Regulated Funds and the Affiliated 3 This proposed change was initially filed on July Accounts be shared by the Affiliated 2(a), 7 and 8. 3, 2018, and became immediately effective on that Accounts and the Regulated Funds in date. See SR–BX–2018–031, available at http:// proportion to the relative amounts of the 12 Applicants are not requesting and the staff is nasdaq.cchwallstreet.com/. It was subsequently not providing any relief for transaction fees refiled on July 17, 2018. See SR–BX–2018–034, securities held or to be acquired or received in connection with any Co-Investment available at http://nasdaq.cchwallstreet.com/. A disposed of, as the case may be. Transaction. Continued

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I. Self-Regulatory Organization’s affiliated U.S. equity exchanges,6 as As set forth in greater detail under the Statement of the Terms of Substance of well as the FINRA/Nasdaq Trade Nasdaq proposal, the market data the Proposed Rule Change Reporting Facility (‘‘TRF’’). It provides enterprise license for display usage The Exchange proposes to incorporate total cross-market volume information proposed by Nasdaq will allow BX Rule 7039 into the market data at the issue level, and reflects the Distributors who are broker-dealers or 11 enterprise license proposed by the cumulative consolidated volume of real- Investment Advisers to disseminate Nasdaq Stock Market LLC (‘‘Nasdaq’’), time trading activity for Tape A, B and these products to a wide audience for a 7 which is designed to lower fees, reduce C securities. NLS Plus provides Trade monthly fee of $600,000, with the administrative costs, and expand the Price, Trade Size, Sale Condition opportunity to lower that fee further to availability of Nasdaq Last Sale (‘‘NLS’’) Modifiers, Cumulative Consolidated $500,000 per month if they contract for Plus, NLS, Nasdaq Basic and Nasdaq Market Volume, End of Day Trade twelve months of service in advance. As Depth-of-Book products. Summary, Adjusted Closing Price, IPO explained in greater detail in Nasdaq’s The text of the proposed rule change Information, and Bloomberg ID. filing, the Exchange believes that the is available on the Exchange’s website at Additionally, pertinent regulatory proposed market data enterprise license http://nasdaqbx.cchwallstreet.com/, at information such as Market Wide will reduce exchange fees, lower the principal office of the Exchange, and Circuit Breaker, Regulation SHO Short administrative costs for distributors, and at the Commission’s Public Reference Sale Price Test Restricted Indicator, help expand the availability of market Room. Trading Action, and Symbol Directory information to investors, and thereby are included. NLS Plus may be received increase participation in financial II. Self-Regulatory Organization’s by itself or in combination with markets. The enterprise license is being Statement of the Purpose of, and NASDAQ Basic. introduced in response to competition Statutory Basis for, the Proposed Rule Firms that receive NLS Plus pay the from other exchanges,12 and Change monthly administrative fees for BX Last demonstrates both the power and the In its filing with the Commission, the Sale, PSX Last Sale and NLS, and benefits of the competitive market to Exchange included statements distributors pay a data consolidation fee spur innovation and change. concerning the purpose of and basis for of $350 per month.8 The Exchange does The purpose of this filing is to the proposed rule change and discussed not currently charge user fees for BX incorporate BX Last Sale fees into the any comments it received on the Last Sale, but firms that receive NLS Nasdaq market data enterprise license as proposed rule change. The text of these Plus would be required to pay any user a means of lowering costs for all three statements may be examined at the fees adopted by the Exchange.9 equity markets. The rationale and places specified in Item IV below. The The Exchange proposes to incorporate support for this proposal are the same Exchange has prepared summaries, set any fees owed under BX Rule 7039 into as already set forth by Nasdaq in its forth in sections A, B, and C below, of the market data enterprise license companion proposal.13 the most significant aspects of such proposed by Nasdaq, which is designed The proposed market data enterprise statements. to lower fees, reduce administrative license is optional in that no exchange costs, and expand the availability of is required to offer it and distributors A. Self-Regulatory Organization’s NLS Plus, NLS, Nasdaq Basic and are not required to purchase it. Firms Statement of the Purpose of, and Nasdaq Depth-of-Book products. These can discontinue its use at any time and Statutory Basis for, the Proposed Rule fees include the monthly administrative for any reason, and may decide to Change fee applicable to NLS, BX Last Sale and purchase market data products 1. Purpose PSX Last Sale, a data consolidation fee individually or substitute products from The Exchange proposes to incorporate for Internal or External Distributors, and one exchange with competing products BX Rule 7039 into the market data any user fees for BX Last Sale or PSX from other exchanges. enterprise license proposed by Nasdaq,4 Last Sale that may be adopted in the 10 2. Statutory Basis which is designed to lower fees, reduce future. The Exchange believes that its administrative costs, and expand the transaction reports for NYSE- and Amex-listed proposal is consistent with Section 6(b) availability of NLS Plus, NLS, Nasdaq securities. of the Act,14 in general, and furthers the Basic and Nasdaq Depth-of-Book 6 The Nasdaq, Inc. U.S. equity markets are the objectives of Sections 6(b)(4) and 6(b)(5) products. Exchange, Nasdaq, and Nasdaq PSX. of the Act,15 in particular, in that it NLS Plus is a comprehensive data 7 Tape A and Tape B securities are disseminated feed offered by Nasdaq that allows pursuant to the Security Industry Automation provides for the equitable allocation of Corporation’s (‘‘SIAC’’) Consolidated Tape reasonable dues, fees and other charges distributors to access the three last sale Association Plan/Consolidated Quotation System, 5 among members and issuers and other products offered by Nasdaq and its or CTA/CQS (‘‘CTA’’). Tape C securities are disseminated pursuant to the NASDAQ Unlisted persons using any facility, and is not firm eligible to purchase the enterprise license Trading Privileges (‘‘UTP’’) Plan. proposed by Nasdaq may purchase it for the month 8 The fee applies to both Internal and External 11 ‘‘Investment Adviser’’ is defined in Section of July, effective on July 3, 2018, and the monthly Distributors. See Rule 7039(b)(1). ‘‘Internal 202(a)(11) of the Investment Advisers Act of 1940, fee for the license will be prorated for the period Distributors’’ are Distributors that receive NLS Plus as ‘‘any person who, for compensation, engages in July 3 through July 31, 2018. Any fees owed by the data and then distribute that data to one or more the business of advising others, either directly or purchaser of the enterprise license for the use of Subscribers within the Distributor’s own entity. through publications or writings, as to the value of NLS Plus on July 1 and July 2, 2018, will also be ‘‘External Distributors’’ are Distributors that receive securities or as to the advisability of investing in, prorated accordingly. NLS Plus data and then distribute that data to one purchasing, or selling securities, or who, for 4 See SR–NASDAQ–2018–058 (not yet or more Subscribers outside the Distributor’s own compensation and as part of a regular business, published). entity. issues or promulgates analyses or reports concerning securities . . . .’’ 5 The three last sale products consist of Nasdaq 9 See Rule 7039(b)(3). 12 Last Sale, BX Last Sale, and PSX Last Sale. BX Last 10 The Exchange also proposes a technical change See, e.g., Enterprise Fee for the Cboe Equities One Feed, available at https://markets.cboe.com/us/ Sale consists of two data feeds containing real-time to Rule 7039(b)(1) to reflect that BX administrative _ _ _ last sale information for trades executed on the fees are charged on a monthly, rather than annual, equities/market data products/bats one/. Exchange. ‘‘BX Last Sale for Nasdaq’’ contains all basis. See Securities Exchange Act Release No. 13 See n.4. transaction reports for Nasdaq-listed securities. ‘‘BX 79667 (December 22, 2016), 81 FR 96152 (December 14 15 U.S.C. 78f(b). Last Sale for NYSE/Amex’’ contains all such 29, 2016) (SR–BX–2016–071). 15 15 U.S.C. 78f(b)(4) and (5).

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designed to permit unfair Furthermore, the proposed enterprise thereby advancing the goals of the Act discrimination between customers, license will not unfairly discriminate and the principles reflected in its issuers, brokers, or dealers. between customers, issuers, brokers or legislative history. If the free market As described above, the proposal to dealers. The Act does not prohibit all should determine whether proprietary cover BX fees for NLS Plus within the distinctions among customers, but only data is sold to broker-dealers at all, it proposed market data enterprise license discrimination that is unfair, and it is follows that the price at which such will lower fees, reduce administrative not unfair discrimination to charge data is sold should be set by the market costs, and expand the availability of those distributors that are able to reach as well. market data to retail investors, which the largest audiences of retail investors The proposed change to the BX rule the Exchange expects to improve a lower fee for incremental investors in book is designed to incorporate BX Rule transparency for financial market order to encourage the widespread 7039 into the market data enterprise participants and lead to increased distribution of market data. The license proposed by Nasdaq, and the participation in financial markets. proposed change to the BX rule book is proposed enterprise license will Discounts for broader dissemination of designed to incorporate BX Rule 7039 compete with other enterprise licenses market data information have routinely into the market data enterprise license offered by Nasdaq, underlying fee been adopted by exchanges and proposed by Nasdaq. As explained in schedules promulgated by the permitted by the Commission as the Nasdaq filing, the market data Exchange, and enterprise licenses and equitable allocations of reasonable dues, enterprise license will be subject to fee structures implemented by other fees and other charges.16 Distributors significant competition, and that exchanges. The enterprise license is a will be free to move from the month to competition will ensure that there is no voluntary product for which market month rate to the annual rate at any unfair discrimination. Each distributor participants can readily find substitutes. time, or from the annual rate to the will be able to accept or reject the Accordingly, both BX and Nasdaq are monthly rate, with notice, at the license depending on whether it will or constrained from introducing a fee that expiration of the twelve month term. will not lower costs for that particular would be inequitable or unfairly This proposal demonstrates the distributor, and, if the license is not discriminatory. existence of an effective, competitive sufficiently competitive, the Exchange B. Self-Regulatory Organization’s market because it resulted from a need may lose market share. Statement on Burden on Competition In adopting Regulation NMS, the to generate innovative approaches in The Exchange does not believe that Commission granted SROs and broker- response to competition from other the proposed rule change will impose dealers increased authority and exchanges that offer enterprise licenses any burden on competition not 17 flexibility to offer new and unique for market data. As the Commission necessary or appropriate in furtherance has recognized, ‘‘[i]f competitive forces market data to the public. It was of the purposes of the Act. This are operative, the self-interest of the believed that this authority would proposal will eliminate BX fees for NLS exchanges themselves will work expand the amount of data available to Plus as part of a market data enterprise powerfully to constrain unreasonable or consumers, and also spur innovation license proposed by Nasdaq that is 18 unfair behavior,’’ and ‘‘the existence and competition for the provision of intended to lower fees, reduce of significant competition provides a market data. The Commission administrative costs, and expand the substantial basis for finding that the concluded that Regulation NMS—by availability of market data to retail terms of an exchange’s fee proposal are deregulating the market in proprietary investors, which the Exchange expects equitable, fair, reasonable, and not data—would itself further the Act’s to lead to increased participation in unreasonably or unfairly goals of facilitating efficiency and financial markets. It will not impose a discriminatory.’’ 19 The proposed competition: burden on competition not necessary or enterprise license will be subject to [E]fficiency is promoted when broker- appropriate in furtherance of the significant competition from other dealers who do not need the data beyond the purposes of the Act, but rather will exchanges because each eligible prices, sizes, market center identifications of enhance competition by introducing an distributor will have the ability to the NBBO and consolidated last sale innovative fee structure for market data, accept or reject the license depending information are not required to receive (and lowering prices and enhancing pay for) such data. The Commission also on whether it will or will not lower its competition. fees, and because other exchanges will believes that efficiency is promoted when broker-dealers may choose to receive (and The market for data products is be able to offer their own competitive pay for) additional market data based on their extremely competitive and firms may responses. As the Commission has held own internal analysis of the need for such freely choose alternative venues and in the past, the presence of competition data.21 data vendors based on the aggregate fees provides a substantial basis for a finding assessed, the data offered, and the value that the proposal will be an equitable The Commission was speaking to the question of whether broker-dealers provided. Numerous exchanges compete allocation of reasonable dues, fees and with each other for listings, trades, and other charges.20 should be subject to a regulatory requirement to purchase data, such as market data itself, providing virtually Depth-of-Book data, that is in excess of limitless opportunities for entrepreneurs 16 For example, the Commission has permitted the data provided through the who wish to produce and distribute pricing discounts for market data under Nasdaq their own market data. This proprietary Rules 7023(c) and 7047(b). See also Securities consolidated tape feeds, and the Exchange Act Release No. 82182 (November 30, Commission concluded that the choice data is produced by each individual 2017), 82 FR 57627 (December 6, 2017) (SR–NYSE– should be left to them. Accordingly, exchange, as well as other entities, in a 2017–60) (changing an enterprise fee for NYSE BBO Regulation NMS removed unnecessary vigorously competitive market. and NYSE Trades). Transaction execution and proprietary 17 regulatory restrictions on the ability of See n.12. data products are complementary in that 18 Securities Exchange Act Release No. 59039 exchanges to sell their own data, (December 2, 2008), 73 FR 74770 (December 9, market data is both an input and a 2008) (SR–NYSEArca–2006–21). 21 See Securities Exchange Act Release No. 51808 byproduct of the execution service. In 19 Id. (June 9, 2005), 70 FR 37496 (June 29, 2005) fact, market data and trade execution are 20 Id. (‘‘Regulation NMS Adopting Release’’). a paradigmatic example of joint

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products with joint costs. The decision operating, regulating, and maintaining a flow by providing more widespread whether and on which platform to post trade reporting system, costs that must distribution of information about an order will depend on the attributes be covered through the fees charged for transactions in real time, thereby of the platform where the order can be use of the facility and sales of associated encouraging wider participation in the posted, including the execution fees, data. market by investors with access to the data quality and price, and distribution An exchange’s broker-dealer internet or television. Conversely, the of its data products. Without trade customers view the costs of transaction value of such products to Distributors executions, exchange data products executions and of data as a unified cost and investors decreases if order flow cannot exist. Moreover, data products of doing business with the exchange. A falls, because the products contain less are valuable to many end users only broker-dealer will disfavor a particular content. insofar as they provide information that exchange if the expected revenues from In this environment, there is no end users expect will assist them or executing trades on the exchange do not economic basis for regulating maximum their customers in making trading exceed net transaction execution costs decisions. and the cost of data that the broker- prices for one of the joint products in an The costs of producing market data dealer chooses to buy to support its industry in which suppliers face include not only the costs of the data trading decisions (or those of its competitive constraints with regard to distribution infrastructure, but also the customers). The choice of data products the joint offering. Such regulation is costs of designing, maintaining, and is, in turn, a product of the value of the unnecessary because an ‘‘excessive’’ operating the exchange’s transaction products in making profitable trading price for one of the joint products will execution platform, the cost of decisions. If the cost of the product ultimately have to be reflected in lower implementing cybersecurity to protect exceeds its expected value, the broker- prices for other products sold by the the data from external threats and the dealer will choose not to buy it. firm, or otherwise the firm will cost of regulating the exchange to ensure Moreover, as a broker-dealer chooses to experience a loss in the volume of its its fair operation and maintain investor direct fewer orders to a particular sales that will be adverse to its overall confidence. The total return that a exchange, the value of the product to profitability. In other words, an increase trading platform earns reflects the that broker-dealer decreases, for two in the price of data will ultimately have revenues it receives from both products reasons. First, the product will contain to be accompanied by a decrease in the and the joint costs it incurs. less information, because executions of cost of executions, or the volume of both Moreover, the operation of the the broker-dealer’s trading activity will data and executions will fall.23 Exchange is characterized by high fixed not be reflected in it. Second, and Moreover, the level of competition costs and low marginal costs. This cost perhaps more important, the product and contestability in the market is structure is common in content and will be less valuable to that broker- evident in the numerous alternative content distribution industries such as dealer because it does not provide venues that compete for order flow, software, where developing new information about the venue to which it including SRO markets, internalizing software typically requires a large initial is directing its orders. Data from the broker-dealers and various forms of investment (and continuing large competing venue to which the broker- alternative trading systems (‘‘ATSs’’), investments to upgrade the software), dealer is directing more orders will including dark pools and electronic but once the software is developed, the become correspondingly more valuable. communication networks (‘‘ECNs’’). incremental cost of providing that Similarly, vendors provide price Each SRO market competes to produce software to an additional user is discipline for proprietary data products transaction reports via trade executions, typically small, or even zero (e.g., if the because they control the primary means and two FINRA-regulated TRFs compete software can be downloaded over the of access to end users. Vendors impose to attract internalized transaction internet after being purchased).22 price restraints based upon their reports. It is common for broker-dealers It is costly for the Exchange to build business models. For example, vendors to further exploit this competition by and maintain a trading platform, but the that assess a surcharge on data they sell sending their order flow and transaction incremental cost of trading each may refuse to offer proprietary products reports to multiple markets, rather than additional share on an existing platform, that end users will not purchase in providing them all to a single market. or distributing an additional instance of sufficient numbers. Internet portals Competitive markets for order flow, data, is very low. Market information impose a discipline by providing only executions, and transaction reports and executions are each produced data that will enable them to attract provide pricing discipline for the inputs jointly (in the sense that the activities of ‘‘eyeballs’’ that contribute to their of proprietary data products. The large trading and placing orders are the advertising revenue. Retail broker- source of the information that is dealers offer their retail customers number of SROs, TRFs, broker-dealers, distributed) and each are subject to proprietary data only if it promotes and ATSs that currently produce significant scale economies. In such trading and generates sufficient proprietary data or are currently capable cases, marginal cost pricing is not commission revenue. Although the of producing it provides further pricing feasible because if all sales were priced business models may differ, these discipline for proprietary data products. at the margin, the Exchange would be vendors’ pricing discipline is the same: Each SRO, TRF, ATS, and broker-dealer unable to defray its platform costs of They can simply refuse to purchase any is currently permitted to produce providing the joint products. Similarly, proprietary data product that fails to proprietary data products, and many data products cannot make use of trade provide sufficient value. Exchanges, currently do or have announced plans to reports from the TRF without the raw TRFs, and other producers of do so, including Nasdaq, NYSE, NYSE material of the trade reports themselves, proprietary data products must American, NYSE Arca, IEX, and BATS/ and therefore necessitate the costs of understand and respond to these Direct Edge. varying business models and pricing 22 See William J. Baumol and Daniel G. Swanson, disciplines in order to market 23 Cf. Ohio v. American Express, No. 16–1454 (S. ‘‘The New Economy and Ubiquitous Competitive proprietary data products successfully. Ct. June 25, 2018), https://www.supremecourt.gov/ Price Discrimination: Identifying Defensible Criteria opinions/17pdf/16-1454_5h26.pdf (recognizing the of Market Power,’’ Antitrust Law Journal, Vol. 70, Moreover, the Exchange believes that need to analyze both sides of a two sided platform No. 3 (2003). market data products can enhance order market in order to determine its competitiveness).

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C. Self-Regulatory Organization’s those that may be withheld from the (the ‘‘Fee Schedule’’) to delete a fee Statement on Comments on the public in accordance with the waiver relating to certain market data Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be feed products. Members, Participants, or Others available for website viewing and The text of the proposed rule change No written comments were either printing in the Commission’s Public is available on the Exchange’s website at solicited or received. Reference Room, 100 F Street NE, http://www.miaxoptions.com/rule- Washington, DC 20549 on official filings, at MIAX’s principal office, and III. Date of Effectiveness of the business days between the hours of at the Commission’s Public Reference Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the Room. Commission Action filing also will be available for II. Self-Regulatory Organization’s The foregoing rule change has become inspection and copying at the principal Statement of the Purpose of, and effective pursuant to Section office of the Exchange. All comments 19(b)(3)(A)(ii) of the Act.24 received will be posted without change. Statutory Basis for, the Proposed Rule At any time within 60 days of the Persons submitting comments are Change filing of the proposed rule change, the cautioned that we do not redact or edit In its filing with the Commission, the Commission summarily may personal identifying information from Exchange included statements temporarily suspend such rule change if comment submissions. You should concerning the purpose of and basis for it appears to the Commission that such submit only information that you wish the proposed rule change and discussed action is: (i) Necessary or appropriate in to make available publicly. All any comments it received on the the public interest; (ii) for the protection submissions should refer to File proposed rule change. The text of these of investors; or (iii) otherwise in Number SR–BX–2018–036 and should statements may be examined at the furtherance of the purposes of the Act. be submitted on or before September 5, places specified in Item IV below. The If the Commission takes such action, the 2018. Exchange has prepared summaries, set Commission shall institute proceedings For the Commission, by the Division of forth in sections A, B, and C below, of to determine whether the proposed rule Trading and Markets, pursuant to delegated the most significant aspects of such should be approved or disapproved. authority.25 statements. IV. Solicitation of Comments Eduardo A. Aleman, Assistant Secretary. A. Self-Regulatory Organization’s Interested persons are invited to Statement of the Purpose of, and [FR Doc. 2018–17491 Filed 8–14–18; 8:45 am] submit written data, views, and Statutory Basis for, the Proposed Rule arguments concerning the foregoing, BILLING CODE 8011–01–P Change including whether the proposed rule 1. Purpose change is consistent with the Act. SECURITIES AND EXCHANGE Comments may be submitted by any of COMMISSION The Exchange proposes to amend its the following methods: Fee Schedule to delete a fee waiver [Release No. 34–83813; File No. SR–MIAX– relating to certain market data feed Electronic Comments 2018–20] products offered by the Exchange— • Use the Commission’s internet namely, the Exchange’s Administrative comment form (http://www.sec.gov/ Self-Regulatory Organizations; Miami International Securities Exchange LLC; Information Subscriber (‘‘AIS’’) market rules/sro.shtml); or data feed, and the Exchange’s Top of • Notice of Filing and Immediate Send an email to rule-comments@ Market (‘‘ToM’’) market data feed. sec.gov. Please include File Number SR– Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule The ToM market data feed includes BX–2018–036 on the subject line. data that is identical to the data sent to Paper Comments August 9, 2018. the processor for the Options Price Pursuant to the provisions of Section • Send paper comments in triplicate Regulatory Authority (‘‘OPRA’’). ToM 19(b)(1) of the Securities Exchange Act to Secretary, Securities and Exchange provides real-time updates of the MIAX of 1934 (‘‘Act’’) 1 and Rule 19b–4 3 Commission, 100 F Street NE, Best Bid or Offer, or MBBO, price with thereunder,2 notice is hereby given that Washington, DC 20549–1090. aggregate orders and quote size of on July 31, 2018, Miami International contracts that can be displayed, display All submissions should refer to File Securities Exchange LLC (‘‘MIAX of Public Customer 4 interest at the Number SR–BX–2018–036. This file Options’’ or ‘‘Exchange’’) filed with the MBBO, display of Priority Customer 5 number should be included on the Securities and Exchange Commission interest at the MBBO, and MIAX subject line if email is used. To help the (‘‘Commission’’) a proposed rule change Options last sale.6 The Exchange Commission process and review your as described in Items I, II, and III below, launched ToM in early 2013,7 and comments more efficiently, please use which Items have been prepared by the only one method. The Commission will Exchange. The Commission is 3 The term ‘‘MBBO’’ means the best bid or offer post all comments on the Commission’s publishing this notice to solicit on the Exchange. See Exchange Rule 100. See also internet website (http://www.sec.gov/ comments on the proposed rule change Exchange Rule 506(c)(2). rules/sro.shtml). Copies of the from interested persons. 4 The term ‘‘Public Customer’’ means a person submission, all subsequent that is not a broker or dealer in securities. See amendments, all written statements I. Self-Regulatory Organization’s Exchange Rule 100. Statement of the Terms of Substance of 5 The term ‘‘Priority Customer’’ means a person with respect to the proposed rule or entity that (i) is not a broker or dealer in change that are filed with the the Proposed Rule Change securities, and (ii) does not place more than 390 Commission, and all written The Exchange is filing a proposal to orders in listed options per day on average during communications relating to the amend the MIAX Options Fee Schedule a calendar month for its own beneficial account(s). proposed rule change between the See Exchange Rule 100. 6 See Securities Exchange Act Release No. 69007 Commission and any person, other than 25 17 CFR 200.30–3(a)(12). (February 28, 2013), 78 FR 14617 (March 6, 2013) 1 15 U.S.C. 78s(b)(1). (SR–MIAX–2013–05). 24 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4. 7 See id.

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adopted monthly fees shortly subscriber of ToM to also receive a Members and other persons using its thereafter.8 The Exchange assesses a subscription to AIS for free. facilities because the proposed fees monthly fee of $1,250.00 for ToM The proposed rule change is would enable the Exchange to recover Internal Distributors and a monthly fee scheduled to become operative on the costs associated with providing such of $1,750.00 for ToM External August 1, 2018. infrastructure, and with offering access Distributors. 2. Statutory Basis through the network connections and The Exchange began offering its AIS access and services, responding to market data feed in April 2013.9 The The Exchange believes that its customer requests, configuring MIAX proposal to amend its Fee Schedule is AIS market data feed currently includes Options systems, and administering the consistent with Section 6(b) 11 of the Act administrative information for both various services connectivity services. in general, and furthers the objectives of simple and complex orders. The AIS The Exchange believes the proposed Section 6(b)(4) 12 of the Act, in that it is market data feed includes: Simple and fees are equitable and not unfairly designed to provide for an equitable complex liquidity seeking event discriminatory because the new fee allocation of reasonable dues, fees and notifications, listed series updates, levels result in a more reasonable and other charges among Exchange complex strategy definition updates, equitable allocation of fees amongst Members 13 and other persons using its system state, and underlying trading non-Members and Members for similar facilities, because it applies equally to state information. The Exchange services. Access to the Exchange is all Members and any persons using the assesses a monthly fee of $1,250.00 for provided on fair and non-discriminatory facilities or services of the Exchange. all AIS Internal Distributors and a terms. Moreover, the decision as to The Exchange also believes that the monthly fee of $1,750.00 for all AIS whether or not to subscribe to AIS is proposal furthers the objectives of External Distributors. However, the entirely optional to all parties. Potential Section 6(b)(5) 14 of the Act in monthly fee for Distributors of AIS is subscribers are not required to purchase particular, in that it is designed to presently waived if the Distributor also the AIS market data feed. Subscribers prevent fraudulent and manipulative subscribes to ToM.10 can discontinue their use at any time acts and practices, to promote just and Accordingly, under the present and for any reason, including due to equitable principles of trade, to foster their assessment of the reasonableness operation of the Fee Schedule, a cooperation and coordination with subscriber who only subscribes to AIS of fees charged. The allocation of fees persons engaged in facilitating among subscribers is fair and reasonable will be charged the AIS monthly fee transactions in securities, to remove ($1,250.00 for Internal Distributors and because, if the market deems the impediments to and perfect the proposed fees to be unfair or $1,750.00 for External Distributors). A mechanisms of a free and open market subscriber who only subscribes to ToM inequitable, firms can diminish or and a national market system and, in discontinue their use of this data. will be charged the ToM monthly fee general, to protect investors and the ($1,250.00 for Internal Distributors and In adopting Regulation NMS, the public interest, and it is not designed to Commission granted self-regulatory $1,750.00 for External Distributors). A permit unfair discrimination among subscriber who subscribes to both ToM organizations and broker-dealers customers, brokers, or dealers. increased authority and flexibility to and AIS will be charged only the ToM The Exchange believes that the monthly fee ($1,250.00 for Internal offer new and unique market data to the proposed amendment to delete a fee public. It was believed that this Distributors and $1,750.00 for External waiver relating to certain market data Distributors). authority would expand the amount of feed products offered by the Exchange— data available to consumers, and also The Exchange now proposes to delete namely, the Exchange’s AIS market data spur innovation and competition for the the fee waiver which entitles a feed, and the Exchange’s ToM market provision of market data: subscriber of both ToM and AIS to data feed—is reasonable, equitable, and receive a fee waiver for AIS. not unfairly discriminatory. The [E]fficiency is promoted when broker- dealers who do not need the data beyond the Accordingly, pursuant to this proposal, Exchange has offered an AIS fee waiver a subscriber to both ToM and AIS would prices, sizes, market center identifications of to ToM subscribers since the inception the NBBO and consolidated last sale now be assessed a separate fee for each of AIS.15 The Exchange determined to information are not required to receive (and of the data feeds. A subscriber who is an establish and continue the AIS fee pay for) such data when broker-dealers may Internal Distributor will now pay waiver for business and competitive choose to receive (and pay for) additional $2,500.00 in the aggregate, if subscribing reasons, in order to encourage ToM market data based on their own internal to both feeds, and a subscriber who is subscribers to subscribe to the AIS feed. analysis of the need for such data.16 an External Distributor will now pay The Exchange now believes that it is By removing ‘‘unnecessary regulatory $3,500.00 in the aggregate, if subscribing appropriate to delete the fee waiver, restrictions’’ on the ability of exchanges to both feeds. based on a business determination of to sell their own data, Regulation NMS The Exchange is not proposing to the number of ToM feed and AIS feed advanced the goals of the Act and the modify any other aspect of either the subscribers, with the fee waiver having principles reflected in its legislative AIS market data feed product or the achieved the intended result. history. If the free market should ToM market data feed product. The The Exchange anticipates the changes determine whether proprietary data is Exchange is solely deleting the fee will result in a reasonable allocation of sold to broker-dealers at all, it follows waiver which presently entitles a its costs and expenses among its that the price at which such data is sold should be set by the market as well. 8 See Securities Exchange Act Release No. 69323 11 15 U.S.C. 78f(b). In July, 2010, Congress adopted H.R. (April 5, 2013), 78 FR 21677 (April 11, 2013) (SR– 12 15 U.S.C. 78f(b)(4). 4173, the Dodd-Frank Wall Street MIAX–2013–14). 13 The term ‘‘Member’’ means an individual or Reform and Consumer Protection Act of 9 See Securities Exchange Act Release No. 69320 organization approved to exercise the trading rights 2010 (‘‘Dodd-Frank Act’’), which (April 5, 2013), 78 FR 21661 (April 11, 2013) (SR– associated with a Trading Permit. Members are MIAX–2013–13). deemed ‘‘members’’ under the Exchange Act. See amended Section 19 of the Act. Among 10 See Securities Exchange Act Release No. 73326 Exchange Rule 100. (October 9, 2014), 79 FR 62233 (October 16, 2014) 14 15 U.S.C. 78f(b)(5). 16 Securities Exchange Act Release No. 51808 (SR–MIAX–2014–51). 15 See supra note 10. (June 9, 2005), 70 FR 37496 (June 29, 2005).

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other things, Section 916 of the Dodd- rendered the Commission’s prior policy change may not be consistent with the Frank Act amended paragraph (A) of on non-member fees obsolete. Act. Section 19(b)(3) of the Act by inserting Specifically, many exchanges have B. Self-Regulatory Organization’s the phrase ‘‘on any person, whether or evolved from member-owned, not-for- Statement on Burden on Competition not the person is a member of the self- profit corporations into for-profit, regulatory organization’’ after ‘‘due, fee investor-owned corporations (or The Exchange does not believe that or other charge imposed by the self- subsidiaries of investor-owned the proposed rule change will result in regulatory organization.’’ As a result, all corporations). Accordingly, exchanges any burden on competition that is not SRO rule proposals establishing or no longer have narrow incentives to necessary or appropriate in furtherance changing dues, fees or other charges are manage their affairs for the exclusive of the purposes of the Act. immediately effective upon filing benefit of their members, but rather Notwithstanding its determination that regardless of whether such dues, fees or have incentives to maximize the appeal the Commission may rely upon other charges are imposed on members of their products to all customers, competition to establish fair and of the SRO, non-members, or both. whether members or non-members, so equitably allocated fees for market data, Section 916 further amended paragraph as to broaden distribution and grow the NetCoalition Court found that the (C) of Section 19(b)(3) of the Act to read, revenues. Moreover, the Exchange Commission had not, in that case, in pertinent part, ‘‘At any time within believes that the change also reflects an compiled a record that adequately the 60-day period beginning on the date endorsement of the Commission’s supported its conclusion that the market of filing of such a proposed rule change determinations that reliance on for the data at issue in the case was in accordance with the provisions of competitive markets is an appropriate competitive. The Exchange believes that paragraph (1) [of Section 19(b)], the means to ensure equitable and a record may readily be established to Commission summarily may reasonable prices. Simply put, the demonstrate the competitive nature of temporarily suspend the change in the change reflects a presumption that all the market in question. The market for data products is rules of the self-regulatory organization fee changes should be permitted to take extremely competitive and users may made thereby, if it appears to the effect immediately, since the level of all freely choose alternative venues and Commission that such action is fees are constrained by competitive data vendors based on the aggregate fees necessary or appropriate in the public forces. The Exchange therefore believes assessed, the data offered, and the value interest, for the protection of investors, that the fees for AIS are properly provided. Numerous exchanges compete or otherwise in furtherance of the assessed on Internal and External with each other for listings, trades, and purposes of this title. If the Commission Distributors. market data itself, providing virtually takes such action, the Commission shall The decision of the United States limitless opportunities for entrepreneurs institute proceedings under paragraph Court of Appeals for the District of who wish to produce and distribute (2)(B) [of Section 19(b)] to determine Columbia Circuit in NetCoaliton v. SEC, their own market data. Transaction whether the proposed rule should be No. 09–1042 (D.C. Cir. 2010), although execution and proprietary data products approved or disapproved.’’ reviewing a Commission decision made are complementary in that market data The Exchange believes that these prior to the effective date of the Dodd- is both an input and a byproduct of the amendments to Section 19 of the Act Frank Act, upheld the Commission’s execution service. In fact, market data reflect Congress’s intent to allow the reliance upon competitive markets to set and trade execution are a paradigmatic Commission to rely upon the forces of reasonable and equitably allocated fees example of joint products with joint competition to ensure that fees for for market data: costs. The decision whether and on market data are reasonable and ‘‘In fact, the legislative history indicates which platform to post an order will equitably allocated. Although Section that the Congress intended that the market depend on the attributes of the platform 19(b) had formerly authorized system ‘evolve through the interplay of where the order can be posted, immediate effectiveness for a ‘‘due, fee competitive forces as unnecessary regulatory including the execution fees, data or other charge imposed by the self- restrictions are removed’ and that the SEC quality and price, and distribution of its regulatory organization,’’ the wield its regulatory power ‘in those data products. Without trade Commission adopted a policy and situations where competition may not be executions, exchange data products subsequently a rule stating that fees for sufficient,’ such as in the creation of a cannot exist. Moreover, data products data and other products available to ‘consolidated transactional reporting are valuable to many end users only system.’ ’’ 17 persons that are not members of the self- insofar as they provide information that regulatory organization must be The court’s conclusions about end users expect will assist them or approved by the Commission after first Congressional intent are therefore their customers in making trading being published for comment. At the reinforced by the Dodd-Frank Act decisions. time, the Commission supported the amendments, which create a The costs of producing market data adoption of the policy and the rule by presumption that exchange fees, include not only the costs of the data pointing out that unlike members, including market data fees, may take distribution infrastructure, but also the whose representation in self-regulatory effect immediately, without prior costs of designing, maintaining, and organization governance was mandated Commission approval, and that the operating the exchange’s transaction by the Act, non-members should be Commission should take action to execution platform and the cost of given the opportunity to comment on suspend a fee change and institute a regulating the exchange to ensure its fair fees before being required to pay them, proceeding to determine whether the fee operation and maintain investor and that the Commission should change should be approved or confidence. The total return that a specifically approve all such fees. The disapproved only where the trading platform earns reflects the Exchange believes that the amendment Commission has concerns that the revenues it receives from both products to Section 19 reflects Congress’s and the joint costs it incurs. Moreover, conclusion that the evolution of self- 17 NetCoaltion, at 15 (quoting H.R. Rep. No. 94– the operation of the Exchange is regulatory organization governance and 229, at 92 (1975), as reprinted in 1975 U.S.C.C.A.N. characterized by high fixed costs and competitive market structure have 321, 323). low marginal costs. This cost structure

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is common in content distribution its profitability. In this case, the business models may differ, these industries such as software, where proposed rule change enhances vendors’ pricing discipline is the same: developing new software typically competition by providing Historical they can simply refuse to purchase any requires a large initial investment (and Market Data at a fixed price. As such, proprietary data product that fails to continuing large investments to upgrade the Exchange believes that the proposed provide sufficient value. The Exchange software), but once the software is changes will enhance, not impair, and other producers of proprietary data developed, the incremental cost of competition in the financial markets. products must understand and respond providing that software to an additional The market for market data products to these varying business models and user is typically small, or even zero is competitive and inherently pricing disciplines in order to market (e.g., if the software can be downloaded contestable because there is fierce proprietary data products successfully. over the internet after being competition for the inputs necessary to In addition to the competition and purchased).18 In the case of any the creation of proprietary data and price discipline described above, the exchange, it is costly to build and strict pricing discipline for the market for proprietary data products is maintain a trading platform, but the proprietary products themselves. also highly contestable because market incremental cost of trading each Numerous exchanges compete with entry is rapid, inexpensive, and additional share on an existing platform, each other for listings, trades, and profitable. The history of electronic or distributing an additional instance of market data itself, providing virtually trading is replete with examples of data, is very low. Market information limitless opportunities for entrepreneurs entrants that swiftly grew into some of and executions are each produced who wish to produce and distribute the largest electronic trading platforms jointly (in the sense that the activities of their own market data. This proprietary and proprietary data producers: trading and placing orders are the data is produced by each individual Archipelago, BATS Trading and Direct source of the information that is exchange, as well as other entities, in a Edge. Regulation NMS, by deregulating distributed) and are each subject to vigorously competitive market. Broker- the market for proprietary data, has significant scale economies. dealers currently have numerous increased the contestability of that Competition among trading platforms alternative venues for their order flow, market. While broker-dealers have can be expected to constrain the including eleven existing options previously published their proprietary aggregate return each platform earns markets. Each SRO market competes to data individually, Regulation NMS from the sale of its joint products. The produce transaction reports via trade encourages market data vendors and level of competition and contestability executions. Competitive markets for broker-dealers to produce proprietary in the market is evidence in the order flow, executions, and transaction products cooperatively in a manner numerous alternative venues that reports provide pricing discipline for never before possible. Multiple market compete for order flow, including SRO the inputs of proprietary data products. data vendors already have the capability markets, as well as internalizing BDs The large number of SROs that currently to aggregate data and disseminate it on and various forms of alternative trading produce proprietary data or are a profitable scale, including Bloomberg, systems (‘‘ATSs’’), including dark pools currently capable of producing it and Thomson Reuters. and electronic communication networks provides further pricing discipline for The Court in NetCoalition concluded (‘‘ECNs’’). Each SRO market competes to proprietary data products. Each SRO is that the Commission had failed to produce transaction reports via trade currently permitted to produce demonstrate that the market for market executions. It is common for BDs to proprietary data products, and many in data was competitive based on the further and exploit this competition by addition to MIAX Options currently do, reasoning of the Commission’s sending their order flow and transaction including Nasdaq, CBOE, Nasdaq ISE, NetCoalition order because, in the reports to multiple markets, rather than NYSE American, and NYSE Arca. Court’s view, the Commission had not providing them all to a single market. Additionally, order routers and market adequately demonstrated that the Competitive markets for order flow, data vendors can facilitate single or proprietary data at issue in the case is executions, and transaction reports multiple broker-dealers’ production of used to attract order flow. The Exchange provide pricing discipline for the inputs proprietary data products. The potential believes, however, that evidence not of proprietary data products. The large sources of proprietary products are then before the court clearly number of SROs, TRFs, BDs, and ATSs virtually limitless. demonstrates that availability of data that currently produce proprietary data Market data vendors provide another attracts order flow. Due to competition or are currently capable of producing it form of price discipline for proprietary among platforms, the Exchange intends provides further pricing discipline for data products because they control the to improve its platform data offerings on proprietary data products. Each SRO, primary means of access to end a continuing basis, and to respond TRF, ATS, and BD is currently subscribers. Vendors impose price promptly to customers’ data needs. permitted to produce proprietary data restraints based upon their business The intensity of competition for products, and many currently do or models. For example, vendors such as proprietary information is significant have announced plans to do so, Bloomberg and Thomson Reuters that and the Exchange believes that this including the Nasdaq exchanges, NYSE assess a surcharge on data they sell may proposal itself clearly evidences such exchanges, and CBOE/Bats exchanges. refuse to offer proprietary products that competition. The Exchange has offered In this competitive environment, an end subscribers will not purchase in an AIS fee waiver to ToM subscribers ‘‘excessive’’ price for one product will sufficient numbers. Internet portals, since the inception of AIS. The have to be reflected in lower prices for such as Google, impose a discipline by Exchange now believes that it is other products sold by the Exchange, or providing only data that will enable appropriate to delete the fee waiver, otherwise the Exchange may experience them to attract ‘‘eyeballs’’ that based on a business determination of a loss in sales that may adversely affect contribute to their advertising revenue. the number of ToM feed and AIS feed Retail broker-dealers, such as Schwab subscribers. It is entirely optional and is 18 See William J. Baumol and Daniel G. Swanson, and Fidelity, offer their customers geared towards attracting new Member ‘‘The New Economy and Ubiquitous Competitive proprietary data only if it promotes Applicants and customers. MIAX Price Discrimination: Identifying Defensible Criteria of Market Power,’’ Antitrust Law Journal, Vol. 70, trading and generates sufficient Options competitors continue to create No. 3 (2003). commission revenue. Although the new market data products and

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innovative pricing in this space. The Paper Comments SECURITIES AND EXCHANGE Exchange expects firms to make • COMMISSION decisions on how much and what types Send paper comments in triplicate to Secretary, Securities and Exchange [Release No. 34–83809; File No. SR– of data to consume on the basis of the CboeBZX–2018–057)] total cost of interacting with MIAX Commission, 100 F Street NE, Options or other exchanges. Of course, Washington, DC 20549–1090. Self-Regulatory Organizations; Cboe the explicit data fees are only one factor All submissions should refer to File BZX Exchange, Inc.; Notice of Filing in a total platform analysis. Some Number SR–MIAX–2018–20. This file and Immediate Effectiveness of a competitors have lower transactions fees number should be included on the Proposed Rule Change To Amend and higher data fees, and others are vice subject line if email is used. To help the Exchange Rule 1.5, Definitions, versa. The market for this proprietary Commission process and review your Exchange Rule 14.6, Obligations for information is highly competitive and Companies Listed on the Exchange, continually evolves as products develop comments more efficiently, please use only one method. The Commission will and Exchange Rule 14.11, Other and change. Additionally, respecting Securities intra-market competition, the AIS feed post all comments on the Commission’s and the ToM feed are available to all internet website (http://www.sec.gov/ August 9, 2018. subscribers, thus providing all rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) of the subscribers to the data products with an submission, all subsequent Securities Exchange Act of 1934 (the even playing field with respect to amendments, all written statements ‘‘Act’’),1 and Rule 19b-4 thereunder,2 information and access to trade on with respect to the proposed rule notice is hereby given that on August 1, MIAX Options. change that are filed with the 2018, Cboe BZX Exchange, Inc. (the Commission, and all written ‘‘Exchange’’ or ‘‘BZX’’) filed with the C. Self-Regulatory Organization’s communications relating to the Securities and Exchange Commission Statement on Comments on the proposed rule change between the (‘‘Commission’’) the proposed rule Proposed Rule Change Received From Commission and any person, other than change as described in Items I and II Members, Participants, or Others those that may be withheld from the below, which Items have been prepared Written comments were neither public in accordance with the by the Exchange. The Exchange has solicited nor received. provisions of 5 U.S.C. 552, will be designated this proposal as a ‘‘non- controversial’’ proposed rule change III. Date of Effectiveness of the available for website viewing and pursuant to Section 19(b)(3)(A) of the Proposed Rule Change and Timing for printing in the Commission’s Public Act 3 and Rule 19b-4(f)(6)(iii) Commission Action Reference Room, 100 F Street NE, 4 Washington, DC 20549 on official thereunder, which renders it effective The foregoing rule change has become upon filing with the Commission. The business days between the hours of effective pursuant to Section Commission is publishing this notice to 19 10:00 a.m. and 3:00 p.m. Copies of the 19(b)(3)(A)(ii) of the Act, and Rule solicit comments on the proposed rule 19b–4(f)(2) 20 thereunder. At any time filing also will be available for change from interested persons. within 60 days of the filing of the inspection and copying at the principal proposed rule change, the Commission office of the Exchange. All comments I. Self-Regulatory Organization’s summarily may temporarily suspend received will be posted without change. Statement of the Terms of Substance of such rule change if it appears to the Persons submitting comments are the Proposed Rule Change Commission that such action is cautioned that we do not redact or edit The Exchange filed a proposal to necessary or appropriate in the public personal identifying information from amend Rule 1.5(c), which defines the interest, for the protection of investors, comment submissions. You should After Hours Trading Session, to allow or otherwise in furtherance of the submit only information that you wish trading until 8:00 p.m. ET. purposes of the Act. If the Commission to make available publicly. All The text of the proposed rule change takes such action, the Commission shall submissions should refer to File is available at the Exchange’s website at institute proceedings to determine Number SR–MIAX–2018–20, and www.markets.cboe.com, at the principal whether the proposed rule should be should be submitted on or before office of the Exchange, and at the approved or disapproved. September 5, 2018. Commission’s Public Reference Room. IV. Solicitation of Comments For the Commission, by the Division of II. Self-Regulatory Organization’s Interested persons are invited to Trading and Markets, pursuant to delegated Statement of the Purpose of, and submit written data, views, and authority.21 Statutory Basis for, the Proposed Rule arguments concerning the foregoing, Eduardo A. Aleman, Change including whether the proposed rule Assistant Secretary. In its filing with the Commission, the change is consistent with the Act. [FR Doc. 2018–17494 Filed 8–14–18; 8:45 am] Exchange included statements Comments may be submitted by any of BILLING CODE 8011–01–P concerning the purpose of and basis for the following methods: the proposed rule change and discussed any comments it received on the Electronic Comments proposed rule change. The text of these • Use the Commission’s internet statements may be examined at the comment form (http://www.sec.gov/ places specified in Item IV below. The rules/sro.shtml); or Exchange has prepared summaries, set • Send an email to rule-comments@ forth in Sections A, B, and C below, of sec.gov. Please include File Number SR– MIAX–2018–20 on the subject line. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 19 15 U.S.C. 78s(b)(3)(A)(ii). 3 15 U.S.C. 78s(b)(3)(A). 20 17 CFR 240.19b–4(f)(2). 21 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6)(iii).

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the most significant parts of such The Exchange’s affiliate, Cboe BYX trade, to foster cooperation and statements. Exchange, Inc. (‘‘BYX’’), is also filing to coordination with persons engaged in extend its trading hours to 8:00 p.m. facilitating transactions in securities, to (A) Self-Regulatory Organization’s ET.13 The proposed rule change will remove impediments to and perfect the Statement of the Purpose of, and therefore promote a consistent mechanism of a free and open market Statutory Basis for, the Proposed Rule experience for market participants and a national market system and, in Change across all four equities markets operated general, to protect investors and the 1. Purpose by Cboe Global Markets, Inc. Orders public interest. Specifically, the entered for participation in the After Exchange believes that the proposed The Exchange offers four distinct Hours Trading Session will continue to rule change will benefit market trading sessions where the Exchange be handled in the same manner as participants by providing additional accepts orders for potential execution: today, with the exception that the opportunities to transact on the (1) The ‘‘Early Trading Session,’’ which Exchange will now accept those orders Exchange later in the trading day. begins at 7:00 a.m. Eastern Time (‘‘ET’’) until 8:00 p.m. ET, thereby providing As explained in the purpose section and continues until 8:00 a.m. ET,5 (2) additional time for market participants of this proposed rule change, the the ‘‘Pre-Opening Session,’’ which to source liquidity outside of Regular Exchange currently accepts orders in its begins at 8:00 a.m. ET and continues Trading Hours. The Exchange therefore After Hours Trading Session until 5:00 until 9:30 a.m. ET,6 (3) ‘‘Regular Trading believes that amending Rule 1.5(c) to p.m. ET, while two of its affiliated Hours,’’ which begin at 9:30 a.m. ET and extend the Exchange’s trading hours exchanges (i.e., EDGX and EDGA) continue until 4:00 p.m. ET,7 and (4) the will be benefit investors that will now currently have a Post-Closing Session ‘‘After Hours Trading Session,’’ which be able to trade on the Exchange later that ends at 8:00 p.m. ET.16 The begins at 4:00 p.m. ET and continues Exchange believes that market 8 9 in the day. until 5:00 p.m. ET. Users may A number of other Exchange rules participants would benefit from a longer designate when their orders are eligible related to listings also specifically After Hours Trading Session on the for execution by selecting their desired Exchange too, and is therefore 10 reference the time that the Exchange is Time-in-Force instruction. open for trading (i.e., until 5:00 p.m. ET proposing to extend its After Hours The purpose of the proposed rule today). The Exchange therefore proposes Trading Session to the same time as its change is to amend Rule 1.5(c), which to update references to the Exchange’s affiliated markets. The Exchange defines the After Hours Trading Session, hours of operation in those rules in believes that this change will provide to allow trading until 8:00 p.m. ET, connection with the changes to extend additional opportunities for firms to consistent with the hours currently the After Hours Trading Session to 8:00 source liquidity for their orders on the available on the Exchange’s affiliates p.m. ET. Specifically, the Exchange Exchange. Furthermore, the proposed Cboe EDGX Exchange, Inc. (‘‘EDGX’’) proposes to amend the following rules rule change will ensure that Members and Cboe EDGA Exchange, Inc. have a similar experience when trading 11 to reference the proposed 8:00 p.m. ET (‘‘EDGA’’). The After Hours Trading end of trading: (1) Interpretations and on all four Cboe equities markets. For Session will continue to begin after Policies .01 and .02 to Rule 14.6, which the reasons set forth above, the Regular Trading Hours end at 4:00 p.m. provide the timing for notifying the Exchange believes the proposal removes ET but instead of ending at 5:00 p.m. Exchange of certain public disclosures impediments to and perfects the ET, as is the case today, will now be to be made during Exchange market mechanism of a free and open market available until 8:00 p.m. ET similar to hours; (2) Rule 14.11(b)(7),(c)(7) which and a national market system, and, in the EGDX and EDGA markets. Rule provide that the Exchange may general, protects investors and the 11.1(a), which was inadvertently designate Portfolio Depository Receipts public interest. modified in November 2014 to include or Index Fund Shares, respectively, for In addition, the Exchange believes an 8:00 p.m. ET cutoff for entering trading during the pre-market and post- that the proposed changes to its listing orders as part of a proposed rule change market sessions offered on the rules are consistent with the Act to accept orders beginning at 6:00 a.m. because these changes update those 12 Exchange; (3) Rule 14.11(f)(2)(B), which ET, will not be amended by this provides that transactions in Trust rules with references to the proposed proposed rule change as the Exchange Issued Receipts may be effected until 8:00 p.m. ET time that the Exchange will now accept orders until 8:00 p.m. 5:00 p.m. ET each business day; and (4) would accept orders in the After Hours ET as described in that rule. Rule 14.11(j)(2), which provides that the Trading Session. No further substantive Exchange must distribute an changes to those rules are proposed. The 5 ‘‘Early Trading Session’’ means the time information circular for UTP Derivative Exchange believes that it is appropriate between 7:00 a.m. and 8:00 a.m. ET. See Rule Securities that, among other things, to update all rules that specifically 1.5(ee). reference the Exchange’s hours of 6 ‘‘Pre-Opening Session’’ means the time between includes information about the risks of 8:00 a.m. and 9:30 a.m. ET. See Rule 1.5(r). trading during the Exchange’s various operation so that the rules properly 7 ‘‘Regular Trading Hours’’ means the time trading sessions. reflect the changes to the After Hours between 9:30 a.m. and 4:00 p.m. ET. See Rule Trading Session being implemented in 1.5(w). 2. Statutory Basis this proposed rule change. 8 ‘‘After Hours Trading Session’’ means the time between 4:00 p.m. and 5:00 p.m. ET. See Rule The Exchange believes that its (B) Self-Regulatory Organization’s 1.5(c). proposal is consistent with Section 6(b) Statement on Burden on Competition 9 ‘‘User’’ means any Member or Sponsored of the Act 14 in general, and furthers the Participant who is authorized to obtain access to the objectives of Section 6(b)(5) of the Act 15 The Exchange does not believe that System pursuant to Rule 11.3. See Rule 1.5(cc). in particular, in that it is designed to the proposed rule change will result in 10 See Rule 11.9(b). promote just and equitable principles of any burden on competition that is not 11 See EDGX and EDGA Rule 1.5(r), which both necessary or appropriate in furtherance define ‘‘Post-Closing Session’’ as the time between of the purposes of the Act, as amended. 4:00 p.m. and 8:00 p.m. ET. 13 See SR–CboeBYX–2018–013 (pending 12 See Securities Exchange Act Release No. 73745 publication). The Exchange does not believe that the (December 4, 2014), 79 FR 73359 (December 10, 14 15 U.S.C. 78f(b). 2014) (SR–BATS–2014–062). 15 15 U.S.C. 78f(b)(5). 16 See supra note 11.

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proposed rule change would have any Commission believes does not believe Commission and any person, other than significant impact on inter-market that the proposal raises any novel or those that may be withheld from the competition as the Exchange’s affiliated unique regulatory issues.21 Therefore, public in accordance with the exchanges already allow after hours the Commission believes that waiving provisions of 5 U.S.C. 552, will be trading until 8:00 p.m. ET, and other the 30-day operative delay is consistent available for website viewing and markets are free to provide similar with the protection of investors and the printing in the Commission’s Public trading hours. Furthermore, the public interest. The Commission hereby Reference Room, 100 F Street NE, Exchange does not believe that the waives the 30-day operative delay and Washington, DC 20549, on official proposed rule change would have any designates the proposed rule change business days between the hours of significant impact on intra-market operative upon filing.22 10:00 a.m. and 3:00 p.m. Copies of such competition as all Members would be At any time within 60 days of the filing will also be available for able to enter orders later in the day due filing of the proposed rule change, the inspection and copying at the principal to the extended After Hours Trading Commission summarily may office of the Exchange. All comments Session. temporarily suspend such rule change if received will be posted without change. it appears to the Commission that such Persons submitting comments are (C) Self-Regulatory Organization’s action is: (i) Necessary or appropriate in cautioned that we do not redact or edit Statement on Comments on the the public interest; (ii) for the protection personal identifying information from Proposed Rule Change Received From of investors; or (iii) otherwise in comment submissions. You should Members, Participants or Others furtherance of the purposes of the Act. submit only information that you wish The Exchange has neither solicited If the Commission takes such action, the to make available publicly. All nor received written comments on the Commission shall institute proceedings submissions should refer to File proposed rule change. to determine whether the proposed rule Number SR–CboeBZX–2018–057 and III. Date of Effectiveness of the change should be approved or should be submitted on or before Proposed Rule Change and Timing for disapproved. September 5, 2018. Commission Action IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated Because the foregoing proposed rule Interested persons are invited to authority.23 change does not: (i) Significantly affect submit written data, views and Eduardo A. Aleman, the protection of investors or the public arguments concerning the foregoing, Assistant Secretary. interest; (ii) impose any significant including whether the proposal is burden on competition; and (iii) become consistent with the Act. Comments may [FR Doc. 2018–17490 Filed 8–14–18; 8:45 am] operative for 30 days from the date on be submitted by any of the following BILLING CODE 8011–01–P which it was filed, or such shorter time methods: as the Commission may designate, it has become effective pursuant to Section Electronic Comments SECURITIES AND EXCHANGE 19(b)(3)(A) of the Act 17 and Rule 19b– • Use the Commission’s internet COMMISSION 4(f)(6) thereunder.18 comment form (http://www.sec.gov/ [Release No. 34–83815; File No. SR–FINRA– A proposed rule change filed under rules/sro.shtml); or 2018–023] Rule 19b–4(f)(6) 19 normally does not • Send an email to rule-comments@ become operative for 30 days after the sec.gov. Please include File Number SR– Self-Regulatory Organizations; date of its filing. However, pursuant to CboeBZX–2018–057 on the subject line. Financial Industry Regulatory 20 Authority, Inc.; Order Approving a Rule 19b–4(f)(6)(iii), the Commission Paper Comments may designate a shorter time if such Proposed Rule Change Relating to • action is consistent with the protection Send paper comments in triplicate ATS Reporting to TRACE of of investors and the public interest. The to Secretary, Securities and Exchange Transactions in U.S. Treasury Exchange requests that the Commission Commission, 100 F Street NE, Securities waive the 30-day operative delay so that Washington, DC 20549–1090. the proposal may become operative All submissions should refer to File August 9, 2018. immediately upon filing. The Exchange Number SR–CboeBZX–2018–057. This I. Introduction file number should be included on the represents that waiver of the 30-day On June 5, 2018, the Financial subject line if email is used. To help the operative delay will allow the Exchange Industry Regulatory Authority, Inc. Commission process and review your to immediately provide a venue for (‘‘FINRA’’) filed with the Securities and comments more efficiently, please use market participants to source liquidity Exchange Commission (‘‘Commission’’), only one method. The Commission will until 8:00 p.m. ET, similar to the pursuant to Section 19(b)(1) of the post all comments on the Commission’s operation of other exchanges. Because Securities Exchange Act of 1934 internet website (http://www.sec.gov/ the proposed rules previously have been (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a rules/sro.shtml). Copies of the approved by the Commission for, and proposed rule change to amend FINRA submission, all subsequent are substantively identical to those of, Rule 6730 to require certain alternative amendments, all written statements another listing exchange, the trading systems (‘‘ATSs’’) that report with respect to the proposed rule transactions in U.S. Treasury Securities 17 15 U.S.C. 78s(b)(3)(A). change that are filed with the to the Transaction Reporting and 18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b- Commission, and all written Compliance Engine (‘‘TRACE’’) to 4(f)(6) requires a self-regulatory organization to give communications relating to the the Commission written notice of its intent to file identify non-FINRA-member subscribers proposed rule change between the the proposed rule change at least five business days on those transaction reports. The prior to the date of filing of the proposed rule proposed rule change was published for change, or such shorter time as designated by the 21 See supra note 11. Commission. The Exchange has satisfied this 22 For purposes only of waiving the 30-day requirement. operative delay, the Commission has considered the 23 17 CFR 200.30–3(a)(12). 19 17 CFR 240.19b–4(f)(6). proposed rule’s impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). 20 17 CFR 240.19b–4(f)(6)(iii). and capital formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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comment in the Federal Register on 2017.10 Information in TRACE regarding stated that ‘‘a significant portion of PTF June 13, 2018.3 The Commission transactions in U.S. Treasury Securities activity is anonymized in the TRACE received three comment letters is for regulatory purposes only and is data.’’ 19 The Treasury Department regarding the proposed rule change.4 On not disseminated publicly.11 recommended requiring ATSs that July 26, 2018, the Commission extended Under FINRA’s rules, each FINRA facilitate transactions in U.S. Treasury until September 11, 2018, the time member that is a Party to a Transaction Securities to identify customers in their period within which to approve the in a TRACE-Eligible Security must trade reports.20 FINRA believes that proposed rule change, disapprove the report the transaction.12 A TRACE requiring additional counterparty proposed rule change, or institute transaction report must include, among information in ATS TRACE reports for proceedings to determine whether to other things, the contra-party’s identifier transactions in U.S. Treasury Securities disapprove the proposed rule change.5 (i.e., MPID, customer, or a non-member would improve the effectiveness of FINRA submitted a response to the affiliate, as applicable).13 Transactions FINRA’s surveillance patterns and help comments on August 6, 2018.6 This in U.S. Treasury Securities that occur on FINRA to identify potentially order approves the proposed rule an ATS generally must be reported to manipulative activity, including wash change. TRACE by the counterparties, if they are sales and prearranged trading activity.21 FINRA members, and by the ATS FINRA further believes that such II. Description of Proposed Rule Change itself.14 On a TRACE report, an ATS information would facilitate a better As described in further detail below, must identify a FINRA member understanding of Treasury market FINRA has proposed to add counterparty by that counterparty’s structure and liquidity.22 15 Supplementary Material .07 to existing MPID. However, for a transaction involving a non-FINRA-member B. Proposed Changes to ATS Reporting FINRA Rule 6730 to require an ATS, as Obligations defined in Rule 300(a) of Regulation customer, the ATS must report the trade ATS,7 that effects transactions in U.S. utilizing a generic customer identifier FINRA has proposed to add 16 Treasury Securities above a certain (‘‘C’’). Supplementary Material .07 to existing FINRA Rule 6730 to require each volume threshold to identify in its A significant amount of trading ‘‘covered ATS,’’ as described below, to TRACE reports any counterparty to a activity in U.S. Treasury Securities on provide FINRA with a list of all of its Treasury transaction that is a non- ATSs involves market participants that are not registered as broker-dealers or non-FINRA-member subscribers and to FINRA member, using a market are not FINRA members, including obtain from FINRA an MPID for each participant identifier (‘‘MPID’’) assigned hedge funds, banks, and principal such subscriber. Each covered ATS by FINRA.8 trading firms (‘‘PTFs’’).17 The would then be required to identify a A. Background Department of the Treasury stated in its non-FINRA-member subscriber in the October 2017 Capital Markets Report contra-party field of a TRACE report of On October 18, 2016, the Commission that ‘‘[t]rading activity [in U.S. Treasury a U.S. Treasury Security transaction approved a proposed rule change that Securities] on the major electronic using the MPID assigned by FINRA. A required FINRA members to report interdealer platforms is dominated by covered ATS would no longer be secondary market transactions in U.S. 9 PTFs,... and collectively they permitted to identify a contra-party to Treasury Securities to TRACE. FINRA account for over half of all transaction such a transaction using the ‘‘customer’’ members began reporting such volumes in the interdealer broker or ‘‘non-member affiliate’’ identifier. transactions to TRACE on July 10, segment of the [cash Treasury] Based on the list of non-FINRA-member market.’’ 18 The Capital Markets Report subscribers that a covered ATS provides 3 See Securities Exchange Act Release No. 83393 to FINRA, FINRA will assign each non- (June 7, 2018), 83 FR 27643 (‘‘Notice’’). 10 See Notice, 83 FR at 27644; FINRA Regulatory 4 FINRA-member subscriber a unique See letter to Secretary, Commission, from Notice 16–39 (October 2016). Stephen John Berger, Managing Director, MPID (to be used consistently across 11 See FINRA Rule 6750(c)(5) (providing that Government and Regulatory Policy, Citadel, dated FINRA will not disseminate information on a ATSs) and provide a list of those MPIDs July 5, 2018 (‘‘Citadel Letter’’); letter to Robert W. transaction in a U.S. Treasury Security). See also to the ATS.23 This approach is designed Errett, Deputy Secretary, Commission, from Notice, 83 FR at 27644. Theodore Bragg, Chief Executive Officer, Execution to preserve the confidentiality of an 12 See FINRA Rule 6730(a). See also FINRA Rules Access, LLC, dated July 3, 2018 (‘‘Execution Access individual ATS’s subscriber list, 6710(a) and (e) (defining ‘‘TRACE-Eligible Security’’ Letter’’); letter to Brent J. Fields, Secretary, and ‘‘Party to a Transaction,’’ respectively). because FINRA will provide a covered Commission, from Tyler Gellasch, Executive 13 See FINRA Rule 6730(c)(6). ATS with a list of MPIDs only for its Director, The Healthy Markets Association, dated 14 24 July 5, 2018 (‘‘Healthy Markets Letter’’). See Notice, 83 FR at 27644. See also FINRA’s own subscribers. Regulatory Notice 14–53 (November 2014) 5 See Securities Exchange Act Release No. 83722 Proposed Supplementary Material (reminding ATSs and ATS subscribers of their .07(b) of FINRA Rule 6730 defines a (July 26, 2018), 83 FR 37544 (Aug. 1, 2018). reporting obligations in TRACE-Eligible Securities). 6 See letter to Brent J. Fields, Secretary, While there are limited exceptions to the reporting ‘‘covered ATS’’ as an ATS, as that term Commission, from Racquel L. Russell, FINRA, dated requirement that are available when all the is defined in Rule 300 of Regulation August 6, 2018 (‘‘FINRA Response’’). counterparties are FINRA members, these 7 17 CFR 242.300(a). exceptions do not apply to transactions on an ATS Economic Opportunities: Capital Markets, Report to 8 involving a non-FINRA member. See Notice, 83 FR FINRA Rule 6710(p) defines ‘‘U.S. Treasury President Donald J. Trump, Executive Order 13772 at 27644, n. 6. FINRA has stated that, because each Security’’ to mean ‘‘a security, other than a savings on Core Principles for Regulating the United States current ATS is a FINRA member, each ATS must bond, issued by the U.S. Department of the Financial System, at 79–80 (October 2017) (‘‘Capital report to TRACE all trading activity in TRACE- Treasury to fund the operations of the federal Markets Report’’), https://www.treasury.gov/press- government or to retire such outstanding securities. Eligible Securities that occurs on the ATS. See Notice, 83 FR at 27644. center/press-releases/Documents/A-Financial- The term ‘U.S. Treasury Security’ also includes System-Capital-Markets-FINAL-FINAL.pdf). separate principal and interest components of a 15 See Notice, 83 FR at 27644. 19 See id. (citing Capital Markets Report at 80). U.S. Treasury Security that has been separated 16 See id. In addition, if the non-FINRA member 20 pursuant to the Separate Trading of Registered is an affiliate, the ATS must report the trade as a See id. (citing Capital Markets Report at 80). Interest and Principal of Securities (STRIPS) generic trade with a non-member affiliate by 21 See id. program operated by the U.S. Department of denoting the counterparty with an ‘‘A’’ identifier. 22 See id. Treasury.’’ See FINRA Rule 6730(c)(6). 23 See proposed FINRA Rule 6730, 9 See Securities Exchange Act Release No. 79116 17 See Notice, 83 FR at 27644. Supplementary Material .07(a). See also Notice, 83 (October 18, 2016), 81 FR 73167 (October 24, 2016) 18 Notice, 83 FR at 27644 (citing Treasury FR at 27645. (SR–FINRA–2016–027) (‘‘2016 Order’’). Department, A Financial System That Creates 24 See Notice, 83 FR at 27645.

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ATS, that executed transactions in U.S. improved if the audit trail included the to the official sector would improve Treasury Securities against non-FINRA- identity of the non-FINRA-member general monitoring and surveillance member subscribers of $10 billion or counterparty rather than the generic capabilities, including those designed to more in monthly par value, computed customer indicator received today.31 detect prohibited trading practices and by aggregating buy and sell transactions, The identity of the particular ATS potential risks to market stability.41 for any two months in the preceding subscriber allows the surveillance Similarly, the second commenter noted calendar quarter.25 FINRA has stated pattern to narrow down the potential that the absence of information that, based on a review of U.S. Treasury universe of matching trades and thus regarding the identity of non-FINRA- Security transaction data reported to more accurately detect instances of member counterparties is ‘‘a significant FINRA during a sample period, six potential manipulation.32 FINRA limitation for effective surveillance and ATSs would currently be considered concluded that the more granular detail oversight.’’ 42 26 that would be added to transaction covered ATSs. According to FINRA, The third commenter generally these ATSs currently account for over reports by identifying non-FINRA- member counterparties would enhance supported the goal of increased 99% of the trade reports submitted by transparency in the U.S. Treasury ATSs to TRACE for transactions in U.S. FINRA’s surveillance program for U.S. market but did not think that the Treasury Securities.27 FINRA believes Treasury Securities.33 proposal ‘‘is sufficient or even that limiting the proposed counterparty FINRA has stated that it will necessarily an appropriate means of identification requirement in this announce the effective date of the facilitating transparency among non- manner balances the burdens associated proposed rule change in a Regulatory FINRA member participants in the with complying with the proposed rule Notice to be published no later than 60 Treasury market.’’ 43 This commenter (i.e., providing FINRA a list of all non- days following Commission approval of warned that the proposal ‘‘may actually FINRA-member subscribers, obtaining the proposal, and that the effective date result in reduced transparency’’ because MPIDs, and using the assigned MPIDs in will be no later than 180 days following 34 it might cause non-FINRA members to TRACE reporting) with the benefits publication of that Regulatory Notice. shift their trading in U.S. Treasury sought to be achieved (i.e., obtaining Covered ATSs will be required to Securities ‘‘from FINRA member firms additional granularity that will enhance submit a list of their non-FINRA- to non-FINRA member and bank the quality of U.S. Treasury Security member subscribers to FINRA at least 60 35 affiliates that have no reporting transaction data).28 FINRA further days in advance of the effective date. responsibilities.’’ 44 The commenter believes that the proposal would An ATS that becomes a covered ATS in concluded that ‘‘Congress or the SEC improve the completeness of the the future would be required to begin should consider requiring PTFs to information on U.S. Treasury Security complying with the requirements of register as broker-dealers such that transactions available to FINRA and the Supplementary Material .07 of FINRA FINRA, in turn, may require them to official sector, and that the absence of Rule 6730 within 60 calendar days of centrally clear their transactions and more detailed counterparty information the end of the calendar quarter in which 36 report their transactions to TRACE. from ATSs with activity levels below it becomes a covered ATS. This 60- Until such a requirement exists, the the proposed threshold would not day period is designed to provide problem of market opacity will materially affect the completeness of the sufficient time for a newly covered ATS persist.’’ 45 audit trail.29 to provide FINRA with a list of, and FINRA believes that the proposed rule obtain MPIDs for, its non-FINRA- In its response letter, FINRA change would result in an improvement member subscribers, and perform any acknowledged that reporting by non- to the effectiveness of FINRA’s necessary programming changes.37 Once FINRA members would provide a more surveillance patterns from the an ATS is deemed a covered ATS, it complete picture of Treasury market standpoint of greater granularity and must continue complying with the new activity, but believes that the proposal thus more accurate pattern detection, counterparty reporting requirements represents an appropriate next step to including the increased ability to even if its volume of executed improve the usefulness of the Treasury identify potentially manipulative transactions in U.S. Treasury Securities transaction data currently reported activity.30 FINRA has stated that its against non-FINRA-member subscribers through TRACE, given the limits of its ability to detect wash sales or falls below the threshold.38 jurisdictional authority.46 FINRA prearranged trading activity would be III. Summary of Comments and further noted that the Department of the FINRA’s Response Treasury, the Commission, the Federal 25 FINRA stated that any member that meets the Reserve Bank of New York, and the definition of ‘‘alternative trading system’’ set forth The Commission received three CFTC have stated that they are assessing in Rule 300(a) of Regulation ATS will be required comment letters regarding the effective means to ensure the collection to comply with the new counterparty reporting 39 proposal. Two commenters strongly of data regarding Treasury cash requirements, regardless of whether the member is 40 excepted from the requirements applicable to ATSs supported the proposal. One of these securities market transactions is provided in Rule 301(b) of Regulation ATS (e.g., the commenters noted that making more comprehensive and includes exception applicable if the ATS limits its securities Treasury market data readily available information from institutions that are activities to government securities). See Notice, 83 FR at 27644, n. 12 (citing 17 CFR 31 See id. 242.301(a)(4)(ii)(A)). 41 See Citadel Letter at 1. 32 See id. 26 See Notice, 83 FR at 27645, n. 13. 42 Healthy Markets Letter at 3. 33 See id. 27 See id. 43 Execution Access Letter at 2. 34 See id., 83 FR at 27645. 28 See Notice, 83 FR at 27645. 44 Id. Another commenter agreed that banks 35 See id. 29 See id. FINRA also noted that, if the proposal should be subject to reporting requirements, but 36 is approved, FINRA intends to monitor the See proposed FINRA Rule 6730, expressed the view that the ‘‘important effort’’ continued appropriateness of the $10 billion Supplementary Material .07(c). represented by the proposal should not be delayed threshold, the impact of the exception on its audit 37 See Notice, 83 FR at 27645. or limited pending action with respect to the trail, and potential negative impacts or changes in 38 See proposed FINRA Rule 6730, establishment of reporting obligations for banks. ATS or non-FINRA-member subscriber behavior. Supplementary Material .07(d). See Heathy Markets at 3. See id. 39 See supra note 4. 45 Execution Access Letter at 3. 30 See id., 83 FR at 27644. 40 See Citadel Letter; Healthy Markets Letter. 46 See FINRA Response at 1–2.

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not FINRA members.47 FINRA also imposed on member firms, and sought principles of trade, and, in general, to noted that the Federal Reserve Board to narrowly tailor the proposal by protect investors and the public interest. has announced that it plans to collect establishing a minimum volume The Commission called FINRA’s 2016 data from banks for secondary market threshold below which the proposal to expand TRACE reporting to transactions in U.S. Treasury Securities identification requirements would not include member transactions in U.S. and is discussing with FINRA whether apply.55 FINRA also noted that, because Treasury Securities ‘‘an important first TRACE could be leveraged to firms currently must populate the step in providing the official sector with potentially serve as the Board’s counterparty field in their TRACE more comprehensive data about the collection agent for the data.48 reports, the proposal will not require Treasury cash market.’’ 62 Currently, Similarly, this commenter believed ATSs to undertake programming related TRACE reports require specific that ‘‘ATS participants whose trades are to populating a new field, but rather identification only of FINRA member presently reported to TRACE only as will require them to use a FINRA- counterparties; non-FINRA-member ‘customer’ trades—including banks, assigned MPID in place of the current counterparties are reported only as ‘‘C’’ hedge funds, and PTFs—may choose to generic contra-party identifiers for for customer or ‘‘A’’ if the counterparty not become an ATS subscriber or refrain ‘‘customer’’ or ‘‘non-member is a non-member affiliate. FINRA has from trading on ATS’s to maintain affiliate.’’ 56 FINRA further noted that it now proposed to require covered ATSs anonymity and avoid regulatory intends to set an effective date for the to specifically identify all non-FINRA- oversight.’’ 49 FINRA acknowledged that proposal of approximately 180 days member counterparties in their TRACE the proposal could result in a change in from the date of the Regulatory Notice reports of U.S. Treasury Security behavior by non-FINRA members, but announcing a Commission approval of transactions. The Commission concurs reiterated its understanding, expressed the proposal, which is designed to with FINRA’s assessment that ‘‘the in the Notice, that most trading in the provide ATSs with enough time to additional detail that would be added to Treasury cash market is electronic and determine whether they are covered transaction reports by identifying non- that member firms and non-FINRA and, if so, to obtain MPIDs for non- FINRA member counterparties would venues do not currently have the FINRA-member subscribers and make enhance FINRA’s surveillance program capability to facilitate the volume of any necessary programming changes.57 for U.S. Treasury Securities.’’ 63 The orders and trades that FINRA-member Finally, one of the commenters who Commission concludes, therefore, that ATSs can facilitate through electronic broadly supported the proposal expanding TRACE reporting of Treasury systems.50 Accordingly, FINRA believes suggested that FINRA ultimately should transactions in the manner described in that the proposal is designed to apply to require identification using the legal the proposal is reasonably designed to the trading venues most likely not to see entity identifiers (‘‘LEIs’’) rather than help FINRA fulfill its mandate in a shift in volume away to other MPIDs.58 FINRA responded that, at this Section 15A(b)(6) of the Act to prevent venues.51 FINRA also reiterated that it time, MPIDs are the most appropriate fraudulent and manipulative acts and would monitor activity in U.S. Treasury identifier for TRACE reports because practices, to promote just and equitable Securities with respect to the operation MPIDs are established and widely used principles of trade, and, in general, to of the proposal.52 by its members for purposes of reporting protect investors and the public interest. The commenter also argued that the trade and counterparty information to The Commission further believes that proposal ‘‘unfairly allocates to ATSs the FINRA.59 expanded reporting of counterparty significant operational costs and identities in the manner described in IV. Discussion and Commission regulatory burdens of trade reporting’’ 53 the proposal will help to establish a Findings and that ‘‘ATS’s will likely need to more complete audit trail for recoup these costs by passing them After carefully considering the transactions in U.S. Treasury Securities, through to their customers.’’ 54 FINRA proposal, the comments submitted, and thereby assisting regulators in detecting responded that it is sensitive to the need FINRA’s response to the comments, the and deterring improper trading activity. to balance the regulatory objectives of a Commission finds that the proposed More complete information regarding proposal with the burdens and costs rule change is consistent with the counterparty identity also will provide requirements of the Act and the rules the official sector with a better 47 See id. at 2 (citing Joint Press Release, and regulations thereunder applicable to understanding of the structure and Department of the Treasury, et al., Statement a national securities association.60 In characteristics of the U.S. Treasury cash Regarding Progress on the Review of the U.S. particular, the Commission finds that market. The Commission notes that the Treasury Market Structure since the July 2015 Joint the proposed rule change is consistent Staff Report (August 2, 2016), https://www.sec.gov/ proposal is consistent with the Treasury 61 news/pressrelease/2016-155.html; Joint Press with Section 15A(b)(6) of the Act, Department’s recommendation in the Release, U.S. Department of the Treasury, et al., which requires, among other things, that Capital Markets Report that FINRA Statement on Trade Reporting in the U.S. Treasury FINRA’s rules be designed to prevent members that facilitate transactions in Market (May 16, 2016), https://www.sec.gov/news/ fraudulent and manipulative acts and pressrelease/2016-90.html). U.S. Treasury Securities be required to 48 See id. at 2 (citing Press Release, Board of practices, to promote just and equitable identify customers in their reports of Governors of the Federal Reserve System (October transactions in U.S. Treasury 21, 2016), https://www.federalreserve.gov/ 55 See FINRA Response at 3. Securities.64 newsevents/pressreleases/other20161021a.htm). 56 See id. The Commission acknowledges the 49 Execution Access Letter at 2. 57 See id. In addition, an ATS that becomes a 50 See FINRA Response at 2. covered ATS in the future will have 60 calendar concerns of one commenter who argued 51 See id. days from the end of the calendar quarter in which that the proposal ‘‘does not do enough 52 See id. A second commenter who broadly it becomes covered to begin complying with the to achieve full transparency in the supported the proposal also noted that the new requirements. See id. Treasury Market and may actually result counterparty reporting requirements ‘‘may lead to 58 See Healthy Markets Letter at 3–4. in reduced transparency’’ and that some 59 trading shifting to non-ATS or other venues’’ and See FINRA Response at 4. non-FINRA-member market participants observed that ‘‘it might be valuable to further 60 In approving this proposal, the Commission has expand the reporting obligations in the future.’’ considered the proposed rule’s impact on Healthy Markets Letter at 3. efficiency, competition, and capital formation. See 62 2016 Order, 81 FR at 73174. 53 Execution Access Letter at 2–3. 15 U.S.C. 78c(f). 63 Notice, 83 FR at 27644. 54 Id. at 3. 61 15 U.S.C. 78o–3(b)(6). 64 See supra note 18 and accompanying text.

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might elect not to trade on covered will assign MPIDs to all non-FINRA- new rule will enhance FINRA’s ATSs ‘‘to maintain anonymity and avoid member subscribers of covered ATSs surveillance program for U.S. Treasury regulatory oversight.’’ 65 The who engage in Treasury transactions Securities and provide the official sector Commission believes, nevertheless, that without employing a de minimis cut-off. with important additional information this comment does not preclude The Commission believes that this is a concerning activity in the U.S. Treasury approval of the proposal at this time. reasonable means of simplifying cash market. Although some Treasury transactions compliance with the rule because will continue to be outside the scope of covered ATSs will not have to analyze V. Conclusion the new requirements, the new the transaction volume of non-FINRA- It is therefore ordered, pursuant to counterparty information reported by member subscribers to ascertain Section 19(b)(2) of the Act,73 that the covered ATSs should greatly enhance whether any of them become subject to proposed rule change (SR–FINRA– surveillance capabilities and provide or subsequently fall outside the scope of 2018–023) is approved. additional insights into the Treasury the rule. In addition, an ATS that cash market. The Commission notes that reaches the $10 billion threshold will For the Commission, by the Division of other public sector authorities have remain a covered ATS even if its Trading and Markets, pursuant to delegated 74 expressed their intention to continue to volume of executed transactions in U.S. authority. assess effective means to ensure that Treasury Securities subsequently falls Eduardo A. Aleman, reported data regarding the Treasury below the $10 billion threshold.69 The Assistant Secretary. cash market is comprehensive and Commission believes that this will [FR Doc. 2018–17496 Filed 8–14–18; 8:45 am] includes information from institutions simplify compliance with the new rule BILLING CODE 8011–01–P that are not FINRA members.66 because an ATS will not be required to Furthermore, although theoretically continue monitoring its volume of possible, it might not be practical for executions in U.S. Treasury Securities SECURITIES AND EXCHANGE non-FINRA members to shift their against non-FINRA-member subscribers COMMISSION trading activity away from covered once it has reached the $10 billion ATSs if covered ATSs continue to serve threshold. Finally, the Commission [Release No. 34–83814; File No. SR– as significant pools of liquidity for U.S. notes that the new rule will impose PEARL–2018–17] Treasury Securities. The Commission duties only on covered ATSs and not on notes that FINRA ‘‘intends to monitor any of their subscribers. Self-Regulatory Organizations: Notice . . . for any potential negative impacts Pursuant to Section 19(b)(5) of the of Filing and Immediate Effectiveness or changes in ATS or non-member Act,70 the Commission consulted with of a Proposed Rule Change by MIAX subscriber behavior.’’ 67 and considered the views of the PEARL, LLC To Amend the MIAX The Commission believes that the Treasury Department in determining to PEARL Fee Schedule proposal is reasonably designed to approve the proposed rule change. The minimize burdens on ATSs while still Treasury Department supports FINRA’s August 9, 2018. fulfilling the important policy objectives proposal to require covered ATSs to Pursuant to the provisions of Section discussed above. The new non-FINRA- identify non-FINRA-member 19(b)(1) of the Securities Exchange Act member identification requirements will counterparties in their TRACE reports of of 1934 (‘‘Act’’) 1 and Rule 19b–4 apply only to ATSs that exceed the $10 Treasury transactions.71 Pursuant to thereunder,2 notice is hereby given that 72 billion threshold. These ATS currently Section 19(b)(6) of the Act, the on August 1, 2018, MIAX PEARL, LLC account for the vast majority of ATS Commission has considered the (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed transaction reports for transactions in sufficiency and appropriateness of with the Securities and Exchange U.S. Treasury Securities against non- existing laws and rules applicable to Commission (‘‘Commission’’) a 68 FINRA members. Furthermore, the government securities brokers, proposed rule change as described in proposal does not appear likely to government securities dealers, and their Items I, II, and III below, which Items require covered ATSs to undertake associated persons in approving the have been prepared by the Exchange. significant programming work because proposal. As discussed above, ATSs The Commission is publishing this new reporting fields will not be currently report Treasury transactions notice to solicit comments on the necessary. All ATSs that report to using generic identifiers that do not proposed rule change from interested TRACE already utilize fields for specifically identify non-FINRA- persons. counterparty identifiers and are familiar member counterparties. By requiring with the use of MPIDs for FINRA covered ATSs to identify non-FINRA- I. Self-Regulatory Organization’s member counterparties. For Treasury member counterparties in their TRACE Statement of the Terms of Substance of transactions on covered ATSs, the reports of Treasury transactions, the the Proposed Rule Change proposal eliminates use of the generic ‘‘C’’ and ‘‘A’’ identifiers and instead 69 See FINRA Rule 6730, Supplementary Material The Exchange is filing a proposal to requires the ATS to populate the .07(d). amend the MIAX PEARL Fee Schedule counterparty identifier field with an 70 15 U.S.C. 78s(b)(5) (providing that the (the ‘‘Fee Schedule’’). Commission ‘‘shall consult with and consider the MPID in all cases, regardless of whether views of the Secretary of the Treasury prior to The text of the proposed rule change a particular counterparty is a FINRA approving a proposed rule filed by a registered is available on the Exchange’s website at member. Under the new rule, FINRA securities association that primarily concerns http://www.miaxoptions.com/rule- conduct related to transactions in government securities, except where the Commission filings/pearl at MIAX PEARL’s principal 65 Execution Access Letter at 2. determines that an emergency exists requiring office, and at the Commission’s Public 66 See supra notes 47–48 and accompanying text. expeditious or summary action and publishes its Reference Room. 67 Notice, 83 FR at 27645. reasons therefor’’). 68 FINRA stated that, based on a review of TRACE 71 Telephone conversation with Treasury 73 data over a sample period, only six ATSs that Department staff and Brett Redfearn, Director, 15 U.S.C. 78s(b)(2). accounted for 99% of trade reports exceeded the Division of Trading and Markets, et al., on August 74 17 CFR 200.30–3(a)(12). proposed threshold. See Notice, 83 FR at 27645, at 3, 2018. 1 15 U.S.C. 78s(b)(1). n. 13. 72 15 U.S.C. 78s(b)(6). 2 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s in Penny classes (as defined below) and by the Member. The Exchange Statement of the Purpose of, and non-Penny classes (as defined below) aggregates the volume of Members and Statutory Basis for, the Proposed Rule for Priority Customers; 3 (ii) increase their Affiliates.8 Members that place Change Taker (as defined below) fees in certain resting liquidity, i.e., orders resting on In its filing with the Commission, the Tiers for options transactions in Penny the book of the MIAX PEARL System,9 Exchange included statements classes and in all Tiers for options are paid the specified ‘‘maker’’ rebate concerning the purpose of and basis for transactions in non-Penny classes for (each a ‘‘Maker’’), and Members that the proposed rule change and discussed MIAX PEARL Market Makers,4 and (iii) execute against resting liquidity are any comments it received on the increase the Taker fees in all Tiers for assessed the specified ‘‘taker’’ fee (each proposed rule change. The text of these options transactions in non-Penny a ‘‘Taker’’). For opening transactions statements may be examined at the classes for Non-Priority Customers, and ABBO uncrossing transactions, per places specified in Item IV below. The Firms, Broker-Dealers and Non-MIAX contract transaction rebates and fees are Exchange has prepared summaries, set PEARL Market Makers (collectively waived for all market participants. forth in sections A, B, and C below, of herein ‘‘Professional Members’’). Finally, Members are assessed lower the most significant aspects of such The Exchange currently assesses transaction fees and receive lower statements. transaction rebates and fees to all rebates for order executions in standard A. Self-Regulatory Organization’s market participants which are based option classes in the Penny Pilot 10 Statement of the Purpose of, and upon the total monthly volume Program (‘‘Penny classes’’) than for Statutory Basis for, the Proposed Rule executed by the Member 5 on MIAX order executions in standard option Change PEARL in the relevant, respective origin classes which are not in the Penny Pilot type (not including Excluded Program (‘‘non-Penny classes’’), where 1. Purpose Contracts) 6 expressed as a percentage of Members are assessed higher transaction The Exchange proposes to amend the TCV.7 In addition, the per contract fees and receive higher rebates. Add/Remove Tiered Rebates/Fees set transaction rebates and fees are applied Transaction rebates and fees in Section forth in Section 1(a) of the Fee Schedule retroactively to all eligible volume for 1(a) of the Fee Schedule are currently to (i) decrease Maker (as defined below) that origin type once the respective assessed according to the following rebates in Tier 6 for options transactions threshold tier (‘‘Tier’’) has been reached tables:

Per contract Per contract Volume rebates/fees rebates/fees Origin Tier criteria for penny classes for non-penny classes (percent) QQQ, IWM, Maker Taker * SPY taker VXX taker Maker Taker

Priority Customer .. 1 0.00–0.10 ...... ($0.25) $0.48 $0.44 $0.47 ($0.85) $0.87 2 Above 0.10–0.35.. (0.40) 0.46 0.43 0.46 (0.95) 0.86 3 Above 0.35–0.50.. (0.45) 0.44 0.42 0.44 (1.00) 0.85 4 Above 0.50–0.75.. (0.52) 0.44 0.41 0.43 (1.03) 0.84 5 Above 0.75–1.25.. (0.53) 0.44 0.40 0.42 (1.04) 0.84 6 Above 1.25...... (0.54) 0.43 0.38 0.40 (1.05) 0.84 * For all Penny Classes other than SPY, QQQ, IWM, and VXX.

3 ‘‘Priority Customer’’ means a person or entity the Exchange experiences an ‘‘Exchange System have no applicability outside of the Fee Schedule, that (i) is not a broker or dealer in securities, and Disruption’’ (solely in the option classes of the as it is used solely for purposes of calculating (ii) does not place more than 390 orders in listed affected Matching Engine (as defined below)). The volume for the threshold tiers in the Fee Schedule. options per day on average during a calendar month term Exchange System Disruption, which is defined See the Definitions Section of the Fee Schedule. for its own beneficial account(s). See Exchange Rule in the Definitions section of the Fee Schedule, 8 ‘‘Affiliate’’ means (i) an affiliate of a Member of 100, including Interpretations and Policies .01. means an outage of a Matching Engine or collective at least 75% common ownership between the firms 4 ‘‘Market Maker’’ means a Member registered Matching Engines for a period of two consecutive as reflected on each firm’s Form BD, Schedule A, with the Exchange for the purpose of making hours or more, during trading hours. The term or (ii) the Appointed Market Maker of an Appointed markets in options contracts traded on the Matching Engine, which is also defined in the EEM (or, conversely, the Appointed EEM of an Definitions section of the Fee Schedule, is a part of Exchange. See the Definitions Section of the Fee Appointed Market Maker). An ‘‘Appointed Market the MIAX PEARL electronic system that processes Schedule and Exchange Rule 100. Maker’’ is a MIAX PEARL Market Maker (who does options orders and trades on a symbol-by-symbol 5 not otherwise have a corporate affiliation based ‘‘Member’’ means an individual or organization basis. Some Matching Engines will process option that is registered with the Exchange pursuant to classes with multiple root symbols, and other upon common ownership with an EEM) that has Chapter II of the Exchange Rules for purposes of Matching Engines may be dedicated to one single been appointed by an EEM and an ‘‘Appointed trading on the Exchange as an ‘‘Electronic Exchange option root symbol (for example, options on SPY EEM’’ is an EEM (who does not otherwise have a Member’’ or ‘‘Market Maker.’’ Members are deemed may be processed by one single Matching Engine corporate affiliation based upon common ‘‘members’’ under the Exchange Act. See the that is dedicated only to SPY). A particular root ownership with a MIAX PEARL Market Maker) that Definitions Section of the Fee Schedule and symbol may only be assigned to a single designated has been appointed by a MIAX PEARL Market Exchange Rule 100. Matching Engine. A particular root symbol may not Maker, pursuant to the process described in the Fee 6 ‘‘Excluded Contracts’’ means any contracts be assigned to multiple Matching Engines. The Schedule. See the Definitions Section of the Fee routed to an away market for execution. See the Exchange believes that it is reasonable and Schedule. Definitions Section of the Fee Schedule. appropriate to select two consecutive hours as the 9 The term ‘‘System’’ means the automated 7 ‘‘TCV’’ means total consolidated volume amount of time necessary to constitute an Exchange trading system used by the Exchange for the trading calculated as the total national volume in those System Disruption, as two hours equates to of securities. See Exchange Rule 100. classes listed on MIAX PEARL for the month for approximately 1.4% of available trading time per 10 See Securities Exchange Act Release No. 83517 which the fees apply, excluding consolidated month. The Exchange notes that the term (June 25, 2018), 83 FR 30792 (June 29, 2018) (SR– volume executed during the period time in which ‘‘Exchange System Disruption’’ and its meaning PEARL–2018–14).

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Per contract Per contract Volume rebates/fees rebates/fees Origin Tier criteria for penny classes for non-penny classes (percent) Maker Taker Maker** Taker**

All MIAX PEARL Market 1 0.00–0.15 ...... ($0.25) $0.50 ($0.30) $1.05 Makers. 2 Above 0.15–0.40 ...... (0.40) 0.50 (0.30) 1.05 3 Above 0.40–0.65...... (0.40) 0.48 (0.60) 1.03 4 Above 0.65–1.00 or Above (0.47) 0.43 (0.65) 1.02 2.25 in SPY. 5 Above 1.00–1.40...... (0.48) 0.43 (0.70) 1.02 6 Above 1.40...... (0.48) 0.43 (0.85) 1.02

Per contract Per contract Volume rebates/fees rebates/fees Origin Tier criteria for penny classes for non-penny classes (percent) Maker ∧ Taker Maker **∧ Taker **

Non-Priority Customer, 1 0.00–0.15 ...... ($0.25) $0.50 ($0.30) $1.05 Firm, BD, and Non-MIAX 2 Above 0.15–0.40 ...... (0.40) 0.50 (0.30) 1.05 PEARL Market Makers. 3 Above 0.40–0.65 ...... (0.40) 0.48 (0.60) 1.04 4 Above 0.65–1.00...... (0.47) 0.48 (0.65) 1.04 5 Above 1.00–1.40...... (0.48) 0.48 (0.70) 1.04 6 Above 1.40...... (0.48) 0.48 (0.85) 1.04 ** Members may qualify for the Maker Rebate and the Taker Fee associated with the highest Tier for transactions in Non-Penny classes if the Member executes more than 0.30% volume in Non-Penny classes, not including Excluded Contracts, as compared to the TCV in all MIAX PEARL listed option classes. For purposes of qualifying for such rates, the Exchange will aggregate the volume transacted by Members and their Affiliates in the following Origin types in Non-Penny classes: MIAX PEARL Market Makers, and Non-Priority Customer, Firm, BD, and Non-MIAX PEARL Market Makers. ∧ Members may qualify for Maker Rebates equal to the greater of: (A) ($0.40) for Penny Classes and ($0.65) for Non-Penny Classes, or (B) the amount set forth in the applicable Tier reached by the Member in the relevant Origin, if the Member and their Affiliates execute at least 1.50% volume in the relevant month, in Priority Customer Origin type, in all options classes, not including Excluded Contracts, as compared to the TCV in all MIAX PEARL listed option classes.

Except as otherwise set forth herein, described below for Penny and non- from $1.02 to $1.08, in Tier 5 from $1.02 the Volume Criteria is calculated based Penny classes for Priority Customers. to $1.07 and in Tier 6 from $1.02 to on the total monthly volume executed Specifically, for Priority Customer $1.06. The Exchange proposes to by the Member in all options classes on options transactions in Penny classes, increase the Taker fees for Professional MIAX PEARL in the relevant Origin the Exchange proposes to decrease the Members for options transactions in type, not including Excluded Contracts, Maker rebate in Tier 6 from ($0.54) to non-Penny classes in Tier 1 from $1.05 (as the numerator) expressed as a ($0.53). For Priority Customer options to $1.10, in Tier 2 from $1.05 to $1.10, percentage of (divided by) TCV (as the transactions in non-Penny classes, the in Tier 3 from $1.04 to $1.10, in Tier 4 denominator). In Tier 4 for MIAX Exchange proposes to decrease the from $1.04 to $1.09, in Tier 5 from $1.04 PEARL Market Makers, the alternative Maker rebate in Tier 6 from ($1.05) to to $1.08 and in Tier 6 from $1.04 to Volume Criteria (above 2.25% in SPY) ($1.04). $1.07. is calculated based on the total monthly Taker Fees volume executed by the Market Maker The purpose of increasing the solely in SPY options on MIAX PEARL The Exchange proposes to: (i) Increase specified Taker fees and decreasing the in the relevant Origin type, not the Taker fees assessable to MIAX specified Maker rebates is for business including Excluded Contracts, (as the PEARL Market Makers in certain Tiers and competitive reasons. As a new numerator) expressed as a percentage of for options transactions in Penny classes exchange, in order to attract order flow, (divided by) SPY TCV (as the and in all Tiers for options transactions the Exchange initially set its Maker denominator). The per contract in non-Penny classes, and (ii) increase rebates and Taker fees so that they were transaction rebates and fees shall be the Taker fees assessable to Professional meaningfully higher/lower than other applied retroactively to all eligible Members in all tiers for options options exchanges that operate volume once the threshold has been transactions in non-Penny classes. comparable maker/taker pricing reached by Member. The Exchange Specifically, the Exchange proposes to models.11 The Exchange now believes aggregates the volume of Members and increase the Taker fees for MIAX PEARL that it is appropriate to further adjust their Affiliates in the Add/Remove Market Makers orders in options in these specified Maker rebates and Taker Tiered Fees. The per contract Penny classes in Tier 4 from $0.43 to fees so that they are more in line with transaction rebates and fees shall be $0.47, in Tier 5 from $0.43 to $0.45 and waived for transactions executed during in Tier 6 from $0.43 to $0.44. The the opening and for transactions that Exchange also proposes to increase the uncross the ABBO. Taker fee for MIAX PEARL Market 11 See Securities Exchange Act Release Nos. Makers for options transactions in non- Maker Rebates 80915 (June 13, 2017), 82 FR 27912 (June 19, 2017) Penny classes in Tier 1 from $1.05 to (SR–PEARL–2017–29); 80914 (June 13, 2017), 82 FR The Exchange proposes to decrease $1.10, in Tier 2 from $1.05 to $1.10, in 27910 (June 19, 2017) (SR–PEARL–2017–30). the Maker rebate amounts in Tier 6 as Tier 3 from $1.03 to $1.09, in Tier 4

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other exchanges, but will still remain criteria similar to MIAX PEARL’s PEARL for Market Makers in non-Penny highly competitive such that they proposed rebates in Priority Customer Classes, Cboe BZX charges Market should enable the Exchange to continue Tier 6 for non-Penny Classes, Cboe BZX Makers a fee of $1.07 in its non- to attract order flow and maintain provides for a rebate of $1.02 in its Customer, Non-Penny Pilot Take market share.12 Customer Non-Penny Pilot Add Tier 3, Volume Tiers.16 Furthermore, similar to Cboe BZX Exchange, Inc. (‘‘Cboe and a rebate of $1.05, in Tier 4.14 the Taker fees proposed by MIAX BZX’’) generally provides for similar Further, under threshold criteria similar PEARL for Professional Members in fees and rebates. For example, under to MIAX PEARL’s proposed Taker fees Non-Penny Classes, Cboe BZX charges threshold criteria similar to MIAX for Market Makers in Tiers 4, 5 and 6, Professionals a fee of $1.07 in its Non- PEARL’s proposed rebates in Priority in Penny Classes, Cboe BZX charges fees Customer, Non-Penny Pilot Take Customer Tier 6 for Penny Classes, Cboe of $0.44 and $0.47 in its non-Customer Volume Tiers.17 BZX’s Customer Penny Pilot Add Tiers Penny Pilot Take Volume Tiers for With all proposed changes, Section 5, 6 and 7 provides for a rebate of Market Makers.15 Additionally, similar 1)a) of the Fee Schedule shall be the $0.53.13 Additionally, under threshold to the Taker fees proposed by MIAX following:

Per contract Per contract Volume rebates/fees rebates/fees Origin Tier criteria for penny classes for non-penny classes (percent) SPY QQQ, IWM, Maker Taker * taker VXX taker Maker Taker

Priority Customer .. 1 0.00–0.10 ...... ($0.25) $0.48 $0.44 $0.47 ($0.85) $0.87 2 Above 0.10–0.35.. (0.40) 0.46 0.43 0.46 (0.95) 0.86 3 Above 0.35–0.50.. (0.45) 0.44 0.42 0.44 (1.00) 0.85 4 Above 0.50–0.75.. (0.52) 0.44 0.41 0.43 (1.03) 0.84 5 Above 0.75–1.25.. (0.53) 0.44 0.40 0.42 (1.04) 0.84 6 Above 1.25...... (0.53) 0.43 0.38 0.40 (1.04) 0.84 * For all Penny Classes other than SPY, QQQ, IWM, and VXX.

Per contract Per contract Volume rebates/fees rebates/fees Origin Tier criteria for penny classes for non-penny classes (percent) Maker Taker Maker** Taker**

All MIAX PEARL Market 1 0.00–0.15 ...... ($0.25) $0.50 ($0.30) $1.10 Makers. 2 Above 0.15–0.40 ...... (0.40) 0.50 (0.30) 1.10 3 Above 0.40–0.65...... (0.40) 0.48 (0.60) 1.09 4 Above 0.65–1.00...... (0.47) 0.47 (0.65) 1.08 or Above 2.25 in SPY ...... 5 Above 1.00–1.40...... (0.48) 0.45 (0.70) 1.07 6 Above 1.40...... (0.48) 0.44 (0.85) 1.06

Per contract Per contract Volume rebates/fees rebates/fees Origin Tier criteria for penny classes for non-penny classes (percent) Maker ∧ Taker Maker **∧ Taker **

Non-Priority Customer, 1 0.00–0.15 ...... ($0.25) $0.50 ($0.30) $1.10 Firm, BD, and Non-MIAX 2 Above 0.15–0.40 ...... (0.40) 0.50 (0.30) 1.10 PEARL Market Makers. 3 Above 0.40–0.65 ...... (0.40) 0.48 (0.60) 1.10 4 Above 0.65–1.00...... (0.47) 0.48 (0.65) 1.09 5 Above 1.00–1.40...... (0.48) 0.48 (0.70) 1.08 6 Above 1.40...... (0.48) 0.48 (0.85) 1.07 ** Members may qualify for the Maker Rebate and the Taker Fee associated with the highest Tier for transactions in Non-Penny classes if the Member executes more than 0.30% volume in Non-Penny classes, not including Excluded Contracts, as compared to the TCV in all MIAX PEARL listed option classes. For purposes of qualifying for such rates, the Exchange will aggregate the volume transacted by Members and their Affiliates in the following Origin types in Non-Penny classes: MIAX PEARL Market Makers, and Non-Priority Customer, Firm, BD, and Non-MIAX PEARL Market Makers. ∧ Members may qualify for Maker Rebates equal to the greater of: (A) ($0.40) for Penny Classes and ($0.65) for Non-Penny Classes, or (B) the amount set forth in the applicable Tier reached by the Member in the relevant Origin, if the Member and their Affiliates execute at least 1.50% volume in the relevant month, in Priority Customer Origin type, in all options classes, not including Excluded Contracts, as compared to the TCV in all MIAX PEARL listed option classes.

12 See Cboe BZX Options Exchange Fee Schedule, 14 See Cboe BZX Options Exchange Fee Schedule, 16 See Cboe BZX Options Exchange Fee Schedule, under ‘‘Transaction Fees.’’ under ‘‘Transaction Fees,’’ ‘‘Customer Non- under ‘‘Transaction Fees,’’ ‘‘Non-Customer Non- 13 See Cboe BZX Options Exchange Fee Schedule, Customer Penny Pilot Add Volume Tier.’’ Penny Pilot Take Volume Tiers.’’ under ‘‘Transaction Fees,’’ ‘‘Customer Penny Pilot 15 See Cboe BZX Options Exchange Fee Schedule, 17 See Cboe BZX Options Exchange Fee Schedule, Add Tiers.’’ under ‘‘Transaction Fees,’’ ‘‘Non-Customer Penny under ‘‘Transaction Fees,’’ ‘‘Non-Customer Non- Pilot Take Volume Tiers.’’ Penny Pilot Take Volume Tiers.’’

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Except as otherwise set forth herein, it is equitable and not unfairly equitable, reasonable and not unfairly the Volume Criteria is calculated based discriminatory to only offer this reduced discriminatory, and thus consistent with on the total monthly volume executed taker fee to Priority Customer orders the Act. by the Member in all options classes on because a Priority Customer is, by Furthermore, the proposed increases MIAX PEARL in the relevant Origin definition, not a broker or dealer in to the Taker fees for MIAX PEARL type, not including Excluded Contracts, securities, and does not place more than Market Maker and Professional Member (as the numerator) expressed as a 390 orders in listed options per day on transactions promotes just and equitable percentage of (divided by) TCV (as the average during a calendar month for its principles of trade, fosters cooperation denominator). In Tier 4 for MIAX own beneficial account(s). This and coordination with persons engaged PEARL Market Makers, the alternative limitation does not apply to participants in facilitating transactions in securities, Volume Criteria (above 2.25% in SPY) on the Exchange whose behavior is and protects investors and the public is calculated based on the total monthly substantially similar to that of market interest, because even with the volume executed by the Market Maker professionals, who will generally submit increases, the Exchange’s proposed solely in SPY options on MIAX PEARL a higher number of orders than Priority Taker fees for MIAX PEARL Market in the relevant Origin type, not Customers. For competitive and Maker and Professional Member orders including Excluded Contracts, (as the business reasons, the Exchange initially still remain highly competitive with numerator) expressed as a percentage of set its Maker rebates for Priority certain other options exchanges offering (divided by) SPY TCV (as the Customer orders higher than certain comparable pricing models, and should denominator). The per contract other options exchanges that operate enable the Exchange to continue to transaction rebates and fees shall be comparable maker/taker pricing attract order flow and maintain market applied retroactively to all eligible models.21 The Exchange now believes share.25 The Exchange believes that the volume once the threshold has been that it is appropriate to further decrease amount of such fees, as proposed to be reached by Member. The Exchange those specified Maker rebates so that increased, will continue to encourage aggregates the volume of Members and they are more in line with other those market participants to send orders their Affiliates in the Add/Remove exchanges, and will still remain highly to the Exchange. To the extent that order Tiered Fees. The per contract competitive such that they should flow is increased by the proposal, transaction rebates and fees shall be enable the Exchange to continue to market participants will increasingly waived for transactions executed during attract order flow and maintain market compete for the opportunity to trade on the opening and for transactions that share.22 the Exchange, including sending more uncross the ABBO. The proposed Taker fee increases in orders which will have the potential to The proposed changes are scheduled certain specified Tiers applicable to be assessed lower fees and higher to become operative August 1, 2018. orders submitted by MIAX PEARL rebates than certain other competing Market Makers and Professional options exchanges. The resulting 2. Statutory Basis Members are reasonable, equitable and increased volume and liquidity will The Exchange believes that its not unfairly discriminatory because all benefit all Exchange participants by proposal to amend its Fee Schedule is option orders of the same origin type are providing more trading opportunities consistent with Section 6(b) of the Act 18 subject to the same tiered Taker fees and and tighter spreads. in general, and furthers the objectives of access to the Exchange is offered on B. Self-Regulatory Organization’s Section 6(b)(4) of the Act,19 in that it is terms that are not unfairly Statement on Burden on Competition an equitable allocation of reasonable discriminatory. For competitive and dues, fees and other charges among business reasons, the Exchange initially MIAX PEARL does not believe that Exchange members and issuers and set its Taker fees for MIAX PEARL the proposed rule changes will impose other persons using its facilities, and Market Maker and Professional Member any burden on competition not 6(b)(5) of the Act,20 in that it is designed orders lower than certain other options necessary or appropriate in furtherance to prevent fraudulent and manipulative exchanges that operate comparable of the purposes of the Act. The acts and practices, to promote just and maker/taker pricing models.23 The Exchange believes that the proposed equitable principles of trade, to foster Exchange now believes that it is changes in the specified Maker rebates cooperation and coordination with appropriate to further increase those and Taker fees for the applicable market persons engaged in facilitating specified Taker fees so that they are participants should continue to transactions in securities, to remove more in line with other exchanges, and encourage the provision of liquidity that impediments to and perfect the will still remain highly competitive enhances the quality of the Exchange’s mechanisms of a free and open market such that they should enable the market and increases the number of and a national market system and, in Exchange to continue to attract order trading opportunities on MIAX PEARL general, to protect investors and the flow and maintain market share. The for all participants who will be able to public interest. Exchange notes that, even as amended, compete for such opportunities. The The proposed Maker rebate decrease its Taker fees for MIAX PEARL Market proposed rule change should enable the in Penny classes and non-Penny classes Makers and Professional Members are Exchange to continue to attract and applicable to Priority Customers in Tier generally lower than certain other compete for order flow with other 6 is reasonable, equitable and not options exchanges operating competing exchanges. However, this competition unfairly discriminatory because all models.24 The Exchange believes for does not create an undue burden on similarly situated market participants these reasons that increasing certain competition but rather offers all market are subject to the same tiered rebates Taker fees for MIAX PEARL Market participants the opportunity to receive and fees and access to the Exchange is Maker and Professional Member the benefit of competitive pricing. offered on terms that are not unfairly transactions in the specified Tiers is The proposed Maker rebate decreases discriminatory. The Exchange believes and Taker fee increases are intended to 21 See supra note 11. keep the Exchange’s fees highly 18 15 U.S.C. 78f(b). 22 See supra note 12 competitive with those of other 19 15 U.S.C. 78f(b)(4). 23 See supra note 11. 20 15 U.S.C. 78f(b)(1) and (b)(5). 24 See supra note 12 25 See id.

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exchanges, and to encourage liquidity Paper Comments Extension: Rule 17f–1(c) and Form X–17F–1A. SEC and should enable the Exchange to • Send paper comments in triplicate continue to attract and compete for File No. 270–29, OMB Control No. 3235– to Secretary, Securities and Exchange 0037. order flow with other exchanges. The Commission, 100 F Street NE, Exchange notes that it operates in a Washington, DC 20549–1090. Notice is hereby given that pursuant highly competitive market in which to the Paperwork Reduction Act of 1995 All submissions should refer to File market participants can readily favor (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the Number SR–PEARL–2018–17. This file competing venues if they deem fee Securities and Exchange Commission number should be included on the levels at a particular venue to be (‘‘Commission’’) is soliciting comments subject line if email is used. To help the excessive. In such an environment, the on the existing collection of information Commission process and review your Exchange must continually adjust its provided for in Rule 17f–1(c) and Form comments more efficiently, please use rebates and fees to remain competitive X–17F–1A (17 CFR 249.100) under the only one method. The Commission will with other exchanges and to attract Securities Exchange Act of 1934 (15 post all comments on the Commission’s order flow. The Exchange believes that U.S.C. 78a et seq.). The Commission internet website (http://www.sec.gov/ the proposed rule changes reflect this plans to submit this existing collection rules/sro.shtml). Copies of the competitive environment because they of information to the Office of submission, all subsequent modify the Exchange’s fees in a manner Management and Budget (‘‘OMB’’) for amendments, all written statements that encourages market participants to extension and approval. with respect to the proposed rule continue to provide liquidity and to change that are filed with the Rule 17f–1(c) requires approximately send order flow to the Exchange. Commission, and all written 10,100 entities in the securities industry C. Self-Regulatory Organization’s communications relating to the to report lost, stolen, missing, or Statement on Comments on the proposed rule change between the counterfeit securities certificates to the Proposed Rule Change Received From Commission and any person, other than Commission or its designee, to a Members, Participants, or Others those that may be withheld from the registered transfer agent for the issue, public in accordance with the and, when criminal activity is Written comments were neither provisions of 5 U.S.C. 552, will be suspected, to the Federal Bureau of solicited nor received. available for website viewing and Investigation. Such entities are required III. Date of Effectiveness of the printing in the Commission’s Public to use Form X–17F–1A to make such Proposed Rule Change and Timing for Reference Room, 100 F Street NE, reports. Filing these reports fulfills a Commission Action Washington, DC 20549 on official statutory requirement that reporting business days between the hours of institutions report and inquire about The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the missing, lost, counterfeit, or stolen effective pursuant to Section filing also will be available for securities. Since these reports are 19(b)(3)(A)(ii) of the Act,26 and Rule inspection and copying at the principal compiled in a central database, the rule 19b–4(f)(2) 27 thereunder. At any time office of the Exchange. All comments facilitates reporting institutions to within 60 days of the filing of the received will be posted without change. access the database that stores proposed rule change, the Commission Persons submitting comments are information for the Lost and Stolen summarily may temporarily suspend cautioned that we do not redact or edit Securities Program. such rule change if it appears to the personal identifying information from We estimate that 10,100 reporting Commission that such action is comment submissions. You should institutions will report that securities necessary or appropriate in the public submit only information that you wish are either missing, lost, counterfeit, or interest, for the protection of investors, to make available publicly. All stolen annually and that each reporting or otherwise in furtherance of the submissions should refer to File institution will submit this report 30 purposes of the Act. If the Commission Number SR–PEARL–2018–17, and times each year. The staff estimates that takes such action, the Commission shall should be submitted on or before the average amount of time necessary to institute proceedings to determine September 5, 2018. comply with Rule 17f–1(c) and Form X– whether the proposed rule should be 17F–1A is five minutes. The total approved or disapproved. For the Commission, by the Division of burden is approximately 25,250 hours Trading and Markets, pursuant to delegated annually for respondents (10,100 times IV. Solicitation of Comments authority.28 30 times 5 divided by 60). Interested persons are invited to Eduardo A. Aleman, Written comments are invited on: (a) submit written data, views, and Assistant Secretary. Whether the proposed collection of arguments concerning the foregoing, [FR Doc. 2018–17495 Filed 8–14–18; 8:45 am] information is necessary for the proper including whether the proposed rule BILLING CODE 8011–01–P performance of the functions of the change is consistent with the Act. agency, including whether the Comments may be submitted by any of information shall have practical utility; the following methods: SECURITIES AND EXCHANGE (b) the accuracy of the agency’s estimate COMMISSION Electronic Comments of the burden of the proposed collection of information; (c) ways to enhance the • Use the Commission’s internet Proposed Collection; Comment Request quality, utility, and clarity of the comment form (http://www.sec.gov/ information on respondents; and (d) rules/sro.shtml); or Upon Written Request, Copies Available ways to minimize the burden of the • Send an email to rule-comments@ From: Securities and Exchange collection of information on sec.gov. Please include File Number SR– Commission, Office of FOIA Services, respondents, including through the use PEARL–2018–17 on the subject line. 100 F Street NE, Washington, DC of automated collection techniques or 20549–2736. other forms of information technology. 26 15 U.S.C. 78s(b)(3)(A)(ii). Consideration will be given to 27 17 CFR 240.19b–4(f)(2). 28 17 CFR 200.30–3(a)(12). comments and suggestions submitted in

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writing within 60 days of this is publishing this notice to solicit guarantee and novation of transactions publication. comments on the proposed rule change submitted by Clearing Members through Rule 17f–1(c) is a reporting rule and from interested persons. MBSD’s Clearing System.6 does not specify a retention period. The I. Clearing Agency’s Statement of the II. Clearing Agency’s Statement of the rule requires an incident-based Terms of Substance of the Proposed Purpose of, and Statutory Basis for, the reporting requirement by the reporting Rule Change Proposed Rule Change institutions when securities certificates are discovered to be missing, lost, The proposed rule change consists of In its filing with the Commission, the amendments to the FICC Mortgage- counterfeit, or stolen. Registering under clearing agency included statements Backed Securities Division (‘‘MBSD’’) Rule 17f–1(c) is mandatory to obtain the concerning the purpose of and basis for electronic pool notification (‘‘EPN’’) benefit of a central database that stores the proposed rule change and discussed Rules (the ‘‘EPN Rules’’) 3 as described information about missing, lost, any comments it received on the below. counterfeit, or stolen securities for the proposed rule change. The text of these Lost and Stolen Securities Program. FICC is proposing to correct the EPN Rules by (i) deleting references to the statements may be examined at the Reporting institutions required to places specified in Item IV below. The register under Rule 17f–1(c) will not be term ‘‘EPN Procedures,’’ (ii) amending the definition of the term ‘‘Interested clearing agency has prepared kept confidential; however, the Lost and summaries, set forth in sections A, B, Stolen Securities Program database will Person’’ to delete the reference to ‘‘Comparison Only System,’’ (iii) and C below, of the most significant be kept confidential. aspects of such statements. An agency may not conduct or deleting the defined term for ‘‘Par sponsor, and a person is not required to Amount,’’ (iv) replacing references to (A) Clearing Agency’s Statement of the respond to, a collection of information the term ‘‘Vice President’’ with the term Purpose of, and Statutory Basis for, the under the PRA unless it displays a ‘‘Executive Director,’’ (v) amending Sec. Proposed Rule Change 3 (Agreements of EPN User) in EPN Rule currently valid OMB control number. 1. Purpose Please direct your written comments 1 (Requirements Applicable to EPN to: Pamela Dyson, Director/Chief Users) of Article III (EPN Users) to FICC is proposing to correct the EPN Information Officer, Securities and clarify an EPN User’s obligation to Rules by (i) deleting references to the Exchange Commission, c/o Candace process Messages through the EPN term ‘‘EPN Procedures’’ because FICC Kenner, 100 F Street NE, Washington system during a system disruption, and does not maintain EPN Procedures, (ii) DC 20549, or send an email to: PRA_ (vi) amending EPN Rule 4 (Admission to amending the definition of the term [email protected]. Premises of Corporation; Power of ‘‘Interested Person’’ to delete the Attorney) of Article III (EPN Users) to Dated: August 9, 2018. reference to ‘‘Comparison Only System’’ replace a reference to ‘‘he’’ with ‘‘such because MBSD does not maintain a Eduardo A. Aleman. person.’’ Comparison Only System, (iii) deleting Assistant Secretary. FICC is proposing to amend various the defined term for ‘‘Par Amount’’ [FR Doc. 2018–17487 Filed 8–14–18; 8:45 am] sections in the EPN Rules to provide because this term is not used in the EPN BILLING CODE 8011–01–P transparency to FICC’s existing Rules, (iv) replacing references to the processes. Specifically, FICC is term ‘‘Vice President’’ with the term proposing to amend EPN Rule 1 ‘‘Executive Director’’ because FICC no SECURITIES AND EXCHANGE (Definitions) of Article I (Definitions and longer utilizes the Vice President title, COMMISSION General Provisions); Section 2 (v) amending Sec. 3 (Agreements of EPN [Release No. 34–83808; File No. SR–FICC– (Limitations) in EPN Rule 1 (Accounts) User) in EPN Rule 1 (Requirements 2018–007] and Section 1 (Availability of Reports), Applicable to EPN Users) of Article III Section 2 (Message Detail Report), (EPN Users) to clarify an EPN User’s Self-Regulatory Organizations; Fixed Section 3 (Message Summary Report), obligation to process Messages through Income Clearing Corporation; Notice of and Section 5 (Good Delivery; Time the EPN system during a system Filing of Proposed Rule Change To Stamps) in EPN Rule 2 (Reports) of disruption because this change would Correct Certain References, Provide Article II (Messages Processed by the be an accurate reflection of FICC’s Transparency to Existing Processes Corporation); and EPN Rule 5 (Use of existing practice, and (vi) amending and Amend Existing Practices in EPN Service) of Article III (EPN Users). EPN Rule 4 (Admission to Premises of FICC is also proposing to amend its Connection With the Mortgage-Backed Corporation; Power of Attorney) of existing practice in connection with an Securities Division Electronic Pool Article III (EPN User) to replace a EPN User’s submission of a cancel and Notification Rules reference to ‘‘he’’ with ‘‘such person’’ correct Message.4 Specifically, FICC is August 9, 2018. because the reference to ‘‘such person’’ proposing to establish one good delivery would be gender neutral. Pursuant to Section 19(b)(1) of the time stamp (referred to as the ‘‘T2’’ 5 Securities Exchange Act of 1934 time stamp) that reflects the same (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 6 MBSD maintains two sets of rulebooks. The EPN processing time on the pool seller’s and Rules govern MBSD’s EPN Service, and the MBSD notice is hereby given that on August 3, the pool buyer’s cancel and correct Clearing Rules (the ‘‘MBSD Rules’’) govern MBSD’s 2018, Fixed Income Clearing Message, respectively. The proposed clearance and settlement service. The MBSD Rules Corporation (‘‘FICC’’) filed with the change would not affect FICC’s are available at http://www.dtcc.com/legal/rules- Securities and Exchange Commission and-procedures. Pursuant to the MBSD Rules, the term ‘‘Clearing System’’ means the (i) system of (‘‘Commission’’) the proposed rule 3 Terms not defined herein are defined in the EPN services provided by MBSD to persons that are change as described in Items I, II and III Rules, available at http://www.dtcc.com/legal/rules- Clearing Members thereof, including trade below, which Items have been prepared and-procedures. comparison, to-be-announced netting, pool 4 by the clearing agency. The Commission See Article II, EPN Rule 2, Sec. 5, supra note comparison, pool netting, and settlement, as 3. applicable, and (ii) operations carried out by MBSD 5 The reference to ‘‘T2’’ does not relate to the two in the course of providing such services, as 1 15 U.S.C. 78s(b)(1). business days settlement cycle for broker-dealer provided in the MBSD Rules. See MBSD Rule 1, 2 17 CFR 240.19b–4. securities transactions, known as ‘‘T+2.’’ Definitions.

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FICC is proposing to amend various the ‘‘EPN Service’’) enables users to FICC does not currently maintain EPN sections in the EPN Rules to provide reduce risk and streamline their Procedures, FICC has decided to transparency to FICC’s existing operations by providing an automated conform the EPN Rules to its practices processes. Specifically, FICC is manner for market participants that by deleting this definition and the proposing to amend EPN Rule 1 have an obligation to deliver pools related references throughout the EPN (Definitions) of Article 1 (Definitions (‘‘pool sellers’’) to transmit pool Rules because this inchoate power is and General Provisions); Section 2 information efficiently and reliably to itself not necessary. (Limitations) in EPN Rule 1 (Accounts) their counterparties (‘‘pool buyers’’) in FICC is proposing to amend the term and Section 1 (Availability of Reports), real time. Market participants that wish ‘‘EPN Service’’ to delete the reference to Section 2 (Message Detail Report), to utilize the EPN Service are required EPN Procedures. Section 3 (Message Summary Report), to submit an application to MBSD. The FICC is proposing to amend the term and Section 5 (Good Delivery; Time application process and the use of the ‘‘EPN User Profile’’ to delete the Stamps) in EPN Rule 2 (Reports) of EPN Service are governed by the EPN reference to EPN Procedures. In Article II (Messages Processed by the Rules.10 The EPN Rules are designed to connection with this change, FICC is Corporation); and EPN Rule 5 (Use of be consistent with the SIFMA proposing to make a grammatical EPN Service) of Article III (EPN Users). Guidelines, which reflect common correction to this definition by replacing FICC is also proposing to amend its industry practices for the trading, the word ‘‘in’’ with ‘‘by’’ so that the existing practice in connection with an clearance and settlement of mortgage- definition would state that ‘‘the EPN EPN User’s submission of a cancel and backed securities transactions. MBSD’s User Profile would be on a form correct Message.7 Specifically, FICC is Clearing Members are required to be specified ‘by’ FICC.’’ proposing to establish one good delivery EPN Users; however, one can be an EPN FICC is proposing to amend the term T2 time stamp 8 that reflects the same User and not a Clearing Member.11 ‘‘Interested Person’’ to delete the processing time on the pool seller’s and reference to Comparison Only System the pool buyer’s cancel and correct (2) Proposed Changes To Correct the EPN Rules because MBSD does not maintain a Message, respectively. As a result of this Comparison Only System. FICC believes change, in the event that the T2 time FICC is proposing to amend the EPN that the inclusion of this term in the stamp reflects a time that does not meet Rules in order to correct various EPN Rules was an error. the good delivery requirements in provisions in the EPN Rules. The FICC is proposing to delete the term accordance with the Securities Industry proposed changes would help ensure ‘‘Par Amount’’ because this term is not and Financial Markets Association’s that the EPN Rules are clear and otherwise referred to in the EPN Rules. (‘‘SIFMA’’) Uniform Practices Manual accurate. The proposed changes reflect FICC believes that the inclusion of this for the Clearance and Settlement of MBSD’s existing practices and FICC term in the EPN Rules was an error and Mortgage-Backed Securities and Other believes that these changes would help that it has no practical effect because Related Securities (referred to in the EPN Users better understand their rights this term is not used in the EPN Rules. EPN Rules as the ‘‘SIFMA and obligations under the EPN Rules. 9 FICC notes that this term was included Guidelines’’), the financing of the The proposed changes are described in and not defined in a version of the EPN mortgage pools associated with the detail below. Rules that was filed with the Message, if any, would be the Commission on October 20, 1999.14 responsibility of the counterparties to a. Article I—Definitions and General such Message, as determined by such Provisions b. Article III—EPN Users parties, in accordance with the SIFMA Proposed Changes to EPN Rule 1— i. Proposed Changes to EPN Rule 1— Guidelines. FICC is proposing this Definitions Requirements Applicable to EPN Users change because it would be consistent FICC is proposing to delete the term with the SIFMA Guidelines, and FICC Section 3 (Agreements of EPN Users) ‘‘EPN Procedures.’’ EPN Rule 11 of believes that the parties to the Message sets forth a list of terms that an Article V empowers FICC to adopt EPN are best positioned to ensure that a applicant is required to agree to, as Procedures as FICC ‘‘deems necessary or cancel and correct Message meets the specified in the EPN User Agreement. desirable.’’ 12 It appears that when FICC good delivery requirements. The This list states, in part, that an applicant instituted the EPN Service and the proposed change would not affect shall agree (i) to abide by and be bound related EPN Rules, EPN Procedures FICC’s guarantee and novation of 13 by the EPN Rules and EPN Procedures, transactions submitted by Clearing were not adopted at that time. Since (ii) that the EPN Rules and EPN Members through MBSD’s Clearing Procedures are incorporated into every 10 See Article III, EPN Rule 1, supra note 3. System. 11 Pursuant to the MBSD Rules, the term contract or Message, (iii) that the EPN The proposed changes are described ‘‘Clearing Member’’ means any entity admitted into User shall pay fines that are imposed in in detail below. membership pursuant to MBSD Rule 2A. See MBSD accordance with the EPN Rules and EPN Rule 1, Definitions, supra note 6. Procedures, and (iv) that it is bound by (1) MBSD’s EPN Service 12 See supra note 3. any amendment to the EPN Rules and 13 MBSD’s electronic pool notification FICC instituted the EPN Service and the related EPN Procedures. FICC is proposing to service (referred to in the EPN Rules as EPN Rules on a pilot basis in February 1995. The Commission’s temporary approval order notes that delete all references in this section to Amendment No. 2 to the proposed rule change the EPN Procedures. 7 See supra note 4. clarified that ‘‘the only MBS rules and procedures Section 3 also includes a paragraph 8 The good delivery T2 time stamp indicates applicable to EPN users are the rules and whether good delivery has occurred with respect to procedures located in Articles VI, VII, VIII, IX, and that states that in the event of an EPN a Message—meaning, if the T2 time stamp reflects X of MBS’s rules.’’ See Release No. 35009 a time that is at or before the established deadline, (November 25, 1994) 59 FR 61913 (December 2, June 2017 which, among other things, renumbered then good delivery has been established and the 1994) (SR–MBS–94–02). The Commission granted the references of Articles VI, VII, VIII, IX, and X to pool buyer will accept the Message with respect to permanent approval of the EPN Service and the refer to Articles I, II, III, IV and V, respectively. See the allocated securities. related EPN Rules in November 1995. See Release Release No. 81002 (June 22, 2017) 82 FR 29355 9 The SIFMA Guidelines are available at https:// No. 36540 (November 30, 1995) 60 FR 63089 (June 28, 2017) (SR–FICC–2017–015). www.sifma.org/resources/general/tba-market- (December 8, 1995) (SR–MBS–95–09). It should be 14 Release No. 42721 (April 25, 2000) 65 FR 25778 governance/. noted FICC submitted a proposed rule change in (May 3, 2000) (SR–MBSCC–99–8).

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system disruption and an extension of EPN Rules and the EPN Procedures Account shall be required to maintain the cut-off times for communicating shall be controlling. FICC is proposing such data processing and pool allocation information pursuant to to amend the title of this section and the communications equipment as FICC the SIFMA Guidelines, EPN Users paragraph in this section to delete all may specify in the EPN Procedures. ‘‘will’’ be relieved of their obligation to references to EPN Procedures. FICC is proposing to delete the reference process Messages through the EPN to EPN Procedures and amend this ii. Proposed Changes to EPN Rule 3— Service until the beginning of the next sentence to state that each EPN User When the Corporation Declines To Act Business Day after the EPN system has maintaining an Account shall be for an EPN User been recovered. FICC is proposing to required to maintain such data amend this provision to state that EPN Section 1 (Ceasing to Act for an EPN processing and communications Users ‘‘may’’ be relieved of their User) in EPN Rule 3 states, in part, that equipment as FICC may specify from obligation to process Messages through FICC may at any time cease to act for an time to time. The proposed change is the EPN Service until ‘‘later in the EPN User if the EPN User has (i) failed consistent with FICC’s existing practice Business Day or’’ the beginning of the to perform its obligations to FICC or of providing data processing and next Business Day after the EPN system other EPN Users under the EPN Rules or communications equipment has been recovered. the EPN Procedures or (ii) materially requirements to all approved applicants FICC is proposing this change because violated any of the EPN Rules, EPN during the membership onboarding the nature of the EPN system disruption Procedures or any agreement with FICC. process. In the event that FICC changes and MBSD’s ability to promptly fix such FICC is proposing to amend this section or updates its data processing and disruption determines whether the cut- to delete all references to the EPN communications equipment off time would be extended to later in Procedures. requirements, FICC partners with the Business Day or the next Business iii. Proposed Changes to EPN Rule 4— applicants and EPN Users to help Day. In the event that FICC has the Admission to Premises of Corporation; ensure that their equipment is adequate ability to promptly fix the EPN system Powers of Attorney and that such EPN Users are disruption, EPN Users may be required operationally ready. EPN Users are to process their Messages in accordance EPN Rule 4 states, in part, that no made aware of all changes or updates to with the applicable timeframes for the person shall be permitted to enter FICC’s data processing and remainder of the Business Day. FICC’s premises as the representative of communications equipment However, if FICC cannot promptly fix any EPN User unless ‘‘he’’ has first been requirements because FICC the EPN system disruption, MBSD approved by FICC. FICC is proposing to communicates such changes through would relieve EPN Users of their delete the reference to ‘‘he’’ and replace various forms of communication obligation to process Messages through it with ‘‘such person’’ because FICC including but not limited to important the EPN Service until the beginning of believes that it would be more notices, electronic mail and phone. the next Business Day. In all cases, FICC appropriate to use gender neutral coordinates with EPN Users and, to the terminology. iv. Proposed Changes to EPN Rule 7— Hearings extent necessary, SIFMA to c. Article V—Miscellaneous communicate whether an extension of Section 1 (Requests for a Hearing) the cut-off time is necessary. Though i. Proposed Changes to EPN Rule 1— states, in part, that if an Interested EPN system disruptions are rare, the Action by the Corporation Person’s written statement contests proposed change is consistent with EPN Rule 1 states that except where FICC’s determination that such MBSD’s existing practice of handling action by the Board, or any committee Interested Person has violated an EPN system disruptions that impact the EPN of the Board, is specifically required by Rule or EPN Procedure, the statement Service. the By-Laws or the EPN Rules, FICC must specifically admit or deny each Section 5 (EPN Users Bound by EPN may act by its President, any Managing violation alleged and detail the reasons Rules, EPN Procedures and Applicable Director or any Vice President or by why the EPN Rules or EPN Procedures Laws) states, in part, that the use of such person as may be designated from alleged to have been violated are being FICC’s facilities by an EPN User shall time to time by the Board. FICC is contested. FICC is proposing to amend constitute such EPN User’s agreement proposing to amend this sentence to this sentence to delete all references to with FICC and with all other EPN Users delete the reference to Vice President the EPN Procedures. to be bound by the provisions of, and by and replace it with Executive Director. any action taken or order issued by FICC v. Proposed Changes to EPN Rule 11— FICC is proposing this change because EPN Procedures pursuant to the EPN Rules and any FICC no longer utilizes the Vice amendment thereto, and to such EPN President title. This category of officers FICC is proposing to delete this rule Procedures that FICC from time to time is currently referred to as Executive its entirety because FICC does not may adopt. FICC is proposing to amend Directors. maintain EPN Procedures. EPN Rule 11 the title of this section and the of Article V empowers FICC to adopt paragraph in this section to delete all ii. Proposed Changes to EPN Rule 3— EPN Procedures as FICC ‘‘deems references to EPN Procedures. Fines and Other Sanctions necessary or desirable.’’ 15 It appears Section 6 (EPN Rules and EPN EPN Rule 3 states that FICC may that when FICC instituted the EPN Procedures Incorporated in EPN User impose a fine on an EPN User for a Service and the related EPN Rules, EPN Messages) states that the EPN Rules and violation of the EPN Rules or EPN Procedures were not adopted at that the EPN Procedures adopted from time Procedures. FICC is proposing to amend time.16 Since FICC does not currently to time by FICC shall be deemed this paragraph to delete the reference to maintain EPN Procedures, FICC has incorporated in each Message that EPN Procedures. decided to conform the EPN Rules to its occurs through the EPN Service. It also practices by deleting this Rule, the iii. Proposed Changes to EPN Rule 4— states that if the terms contained in any defined term from EPN Rule 1 of Article other agreement between EPN Users are Communications inconsistent with the provisions of the Section 1 (Communications) states, in 15 See supra note 3. EPN Rules or the EPN Procedures, the part, that each EPN User maintaining an 16 See supra note 13.

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I (as stated above), and related a. Article I—Definitions and General as described in the EPN Procedures. references throughout the EPN Rules Provisions FICC is proposing to delete the reference because this inchoate power is itself not to EPN Procedures and amend this Proposed Changes to EPN Rule 1— necessary. FICC would reserve this rule section to state that for each Eligible Definitions for future use and this rule would be Security, the Message Detail Report entitled ‘‘Reserved for Future Use.’’ FICC is proposing to amend the term would include, but would not be ‘‘Message’’ to delete the reference to limited to, the pool number, original vi. Proposed Changes to EPN Rule 12— EPN Procedures. FICC would define this face value, current face value, maturity Waivers, Etc. term as all electronic messages sent and date, pool factor, CUSIP Number, issue received by an EPN User through the date, principal and interest, and total EPN Rule 12 states, in part, that the EPN Service. net money. In connection with this time fixed by the EPN Rules, the EPN change, FICC is proposing to amend Procedures or any regulations issued by b. Article II—Messages Processed by the Article I, EPN Rule 1 (Definitions) to FICC for the doing of any act may be Corporation include a defined term for ‘‘CUSIP extended, waived or suspended by the i. Proposed Changes to EPN Rule 1— Number.’’ This term would be defined Board or by any officer of FICC having Accounts as the Committee on Uniform Securities a rank of Vice President or higher Identification Procedures identifying whenever such extension, waiver or Section 2 (Limitations) states that FICC may specify in the EPN Procedures number for an EPN Eligible Security. suspension is necessary or expedient. The proposed change to this section FICC is proposing to amend this that certain Messages between EPN Users are not eligible for the EPN would be consistent with the sentence to delete all references to EPN information that is currently included in Procedures and delete all references to Service. FICC is proposing to delete the reference to EPN Procedures and amend the Message Detail Report. regulations issued by FICC. FICC is also Section 3 (Message Summary Report) this section to state that certain proposing to delete the reference to states that the Message Summary Report Messages may be ineligible if FICC ‘‘Vice President’’ and replace it with shall list the contents of each Message determines that such Messages are not ‘‘Executive Director’’ because FICC no as described in the EPN Procedures. submitted in a manner that is consistent longer utilizes the Vice President title. FICC is proposing to delete the reference with the communication links, formats, This category of officers is currently to EPN Procedures and amend this timeframes, and deadlines established referred to as Executive Directors. section to state that for each Eligible by FICC. Security, the Message Summary Report vii. Proposed Changes to EPN Rule 17— Currently, an EPN User is informed of would include, but would not be Forms the requisite communication links, limited to, the total original face value, formats, timeframes, and deadlines total net money, CUSIP Number, and EPN Rule 17 states, in part, that any when such EPN User’s application has summary of the number and type of information required to be delivered to been approved by MBSD. This Messages. The proposed change to this FICC by use of any such forms may be information is communicated to all section would be consistent with the delivered by the use of any media, as approved applicants during the information that is currently included in shall be prescribed in the EPN membership onboarding process. The Procedures or by FICC from time to the Message Summary Report. communication links and formats are Section 5 (Good Delivery; Time time. FICC is proposing to delete the also available in MBSD’s reference to EPN Procedures. In the Stamps) states that each EPN Message implementation guidelines at http:// shall include one or more time stamps, event that FICC requires that a www.dtcc.com/clearing-services/ficc- particular form should be delivered by one of which will include a good mbsd/ficc-mbsd-user-documentation. delivery time stamp as described in the use of any media, it is FICC’s existing The timeframes and deadlines are practice to provide this information ∼ EPN Procedures. FICC is proposing to available at http://www.dtcc.com/ / delete the reference to ‘‘EPN’’ in the directly to the affected EPN User. To the media/Files/Downloads/Clearing- extent that such requirement is term ‘‘EPN Message’’ because ‘‘EPN Services/FICC/MBSD/MBSD-Clearing- Message’’ is not a defined term, applicable to a group or category of EPN Schedules-and-Timeframes.pdf. Users, such EPN Users are made aware however, ‘‘Message’’ is a defined term. of FICC’s requirements because FICC ii. Proposed Changes to EPN Rule 2— FICC is also proposing to delete the announces such information through Reports reference to EPN Procedures. FICC is also proposing to amend this section to important notices, available at http:// Section 1 (Availability of Reports) state that the good delivery time stamp www.dtcc.com/legal/important-notices. states that the Message Detail Report would be referred to as ‘‘T2’’ and that and the Message Summary Report are (3) Proposed Changes To Provide the application of this time stamp available at a time specified in the EPN Enhanced Transparency to the EPN would determine good delivery among Procedures. FICC is proposing to delete Rules EPN Users pursuant to the SIFMA the reference to EPN Procedures and Guidelines. The proposed change would FICC is proposing to amend the EPN amend this section to state that these also state that the remainder of the time Rules to provide transparency to various reports would be available at a time stamps would be for the EPN Service’s provisions in the EPN Rules. The specified in the time schedule posted on operational, processing, and reporting proposed changes would help ensure FICC’s website. This proposed change purposes.17 that the EPN Rules are clear and refers to the timeframes available at http://www.dtcc.com/∼/media/Files/ accurate. The proposed changes reflect 17 Each Message reflects additional time stamps MBSD’s existing practices and FICC Downloads/Clearing-Services/FICC/ (e.g., T1, T3, T4, and T5) that are solely for FICC’s believes that these changes would help MBSD/MBSD-Clearing-Schedules-and- operational, processing and reporting purposes. T1 EPN Users better understand their rights Timeframes.pdf. represents the time when the Message is received Section 2 (Message Detail Report) by the EPN Service for processing; T3 represents the and obligations under the EPN Rules. time when the EPN Service’s Message Processor The proposed changes are described in states that the Message Detail Report sends the Message to the Outbound Table; T4 detail below. shall list the contents of each Message represents the time when the Message Processor

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In accordance with the SIFMA delivery has occurred for purposes of delivery of the mortgage pool. Upon Guidelines, pool sellers use the EPN the pool seller’s pool substitution. In the receipt of the pool seller’s Message, the Service to transmit pool information in event that the T2 time stamp on the pool EPN system applies a T2 time stamp to real-time to their pool buyer buyer’s Message is after 12:15 p.m., the pool seller’s Message to reflect the counterparties. Two Business Days prior FICC is responsible for financing the time that the EPN system received the to the established settlement date of to- mortgage pools associated with the pool seller’s Message. The EPN system be-announced settlement obligations Message until the delivery date so long also applies a T2 time stamp to the pool (known as ‘‘48-Hour Day’’), pool sellers as the T2 time stamp on the pool seller’s buyer’s Message to reflect the time that that have an obligation to deliver pools Message reflects a time that is at or the pool buyer received the pool seller’s to pool buyers must submit pool before 12:15 p.m. As set forth in Message. The T2 time stamp on the pool information that such pool sellers subsection (4) below, FICC is proposing buyer’s Message establishes whether intend to allocate in satisfaction of their to establish one good delivery T2 time good delivery has occurred for purposes settlement obligation. This notification stamp that reflects the same processing of the pool seller’s pool substitution. In must occur by 3:00 p.m. on 48-Hour time on the pool seller’s Message and the event that the T2 time stamp on the Day.18 The 3:00 p.m. cut-off time the pool buyer’s Message, respectively. pool buyer’s Message reflects a time that establishes that good delivery has This T2 time stamp would determine is after 12:15 p.m., FICC is responsible occurred for purposes of the established whether the pool seller’s cancel and for financing the mortgage pools that are settlement date—meaning that, if a pool correct Message has met the good associated with the Message until the seller submits its pool information in a delivery requirement. next Business Day.21 Message by the 3:00 p.m. cut-off time on FICC is proposing to establish one c. Article III—EPN Users 48-Hour Day, then the pool buyer is good delivery T2 time stamp that obligated to accept the mortgage pools Proposed Changes to EPN Rule 5—Use reflects the same processing time on the on the settlement date. In the event that of EPN Service pool seller’s Message and the pool the pool seller’s notification does not EPN Rule 5 states, in part, that all buyer’s Message, respectively. This time meet the 3:00 p.m. deadline, the pool EPN Users will use the EPN Service for stamp would determine whether the buyer will determine whether it is EPN Eligible Securities in a manner set 12:15 p.m. cut-off time has been met for willing to accept the pools subsequent forth in the EPN Procedures and that purposes of establishing good delivery to the settlement date, and either the this shall be accomplished by providing of the pool buyer’s pool substitution. As pool seller or the pool buyer will (for each Message that an EPN User a result of this change, in the event that finance the mortgage pools until the sends or receives) the pricing and other the T2 time stamp reflects a time that delivery date. The delivery of the descriptive information, in the manner, does not meet the 12:15 p.m. cut-off mortgage pools and any financing and by the cut-off times, specified in the time, the financing of the mortgage arrangement occur outside of the EPN EPN Procedures. FICC is proposing to pools, if any, would be the Service. delete the references to EPN Procedures responsibility of the counterparties to Because the timing of each Message is and amend this rule to state that the the Message as determined by such important, the EPN system applies time EPN User will use the EPN Service in parties in accordance with the SIFMA stamps to each Message that is a manner set forth in the EPN Rules and Guidelines. FICC is proposing this processed through the EPN Service. The that this shall be accomplished by change because it would be consistent time stamp designated as T2 establishes providing (for each Message that an EPN with the SIFMA Guidelines and FICC whether the pool seller has met good User sends or receives) the pricing and believes that the parties to the Message delivery—meaning, the 3:00 p.m. cut-off other descriptive information, in the are best positioned to ensure that the 19 time on 48-Hour Day. manner, and by the times, specified on Message meets the good delivery In the event that the pool seller FICC’s website. This information is requirements. The proposed change would be decides to substitute a mortgage pool for communicated to all approved consistent with FICC’s proposal to which pool information has already applicants during the membership amend Section 5 (Good Delivery; Time been provided, the pool seller must onboarding process. The information Stamps) in EPN Rule 2 (Reports) of submit a cancel and correct Message by that an EPN User is required to include Article II (Messages Processed by the 12:15 p.m. on any Business Day prior to in a Message is available at http:// 20 Corporation) (as referenced above in the delivery of the mortgage pool. www.dtcc.com/clearing-services/ficc- subsection (3)b.ii.) to state that the good Upon receipt of the pool seller’s mbsd/ficc-mbsd-user- delivery time stamp would be referred Message, the EPN system transmits the documentation.aspx, and the to as ‘‘T2’’ and the application of this Message to the pool buyer. The T2 time timeframes are available at http:// time stamp would determine good stamp on the Message received by the www.dtcc.com/∼/media/Files/ delivery among EPN Users pursuant to pool buyer establishes whether good Downloads/Clearing-Services/FICC/ the SIFMA Guidelines. MBSD/MBSD-Clearing-Schedules-and- The proposed change would not affect archives the Message; and T5 represents the time Timeframes.pdf. when the EPN Service’s Output Formatter writes FICC’s guarantee and novation of the Message to the Outbound Table. The Message (4) Proposed Change to the EPN transactions submitted by Clearing Processor, Outbound Table and the Output Formatter are operational components of the EPN System’s Processing of the Good Members through MBSD’s Clearing Service. Delivery T2 Time Stamp for Pool System. 18 See MBSD’s timeframes, available at http:// Substitutions www.dtcc.com/∼/media/Files/Downloads/Clearing- (5) Implementation of the Proposed Services/FICC/MBSD/MBSD-Clearing-Schedules- As described above in subsection Rule Changes and-Timeframes.pdf; and see the SIFMA (3)b.ii., if a pool seller decides to The proposed changes to (i) correct Guidelines, Chapter 7, supra note 9. substitute a mortgage pool for which 19 the EPN Rules (as described above in In the event that a pool seller fails to submit pool information has already been its pool information, such pool seller’s obligation to submit the pool information remains ongoing until provided, the pool seller must submit a 21 To date, all Messages have met the established the pool information is submitted. cancel and correct Message by 12:15 good delivery requirements, and as a result, FICC 20 Supra note 18. p.m. on any Business Day prior to the has not had to finance any mortgage pools.

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subsection (2)) and (ii) provide would be consistent with Section in accordance with the SIFMA transparency to the EPN Rules (as 17A(b)(3)(F) of the Act.24 Guidelines. described above in subsection (3)) Rule 17Ad–22(e)(23)(i) under the Act FICC believes that any burden on would become operative on the date of requires, in part, that FICC establish, competition that is created by the the Commission’s approval of this implement, maintain and enforce proposed change would be necessary proposed rule change. written policies and procedures and appropriate in furtherance of the The proposed change to the EPN reasonably designed to provide for purposes of the Act, as permitted by system’s processing of the good delivery publicly disclosing all relevant rules Section 17A(b)(3)(I) of the Act.27 FICC T2 time stamp for pool substitutions (as and material procedures.25 As described believes that the proposed change described above in subsection (4)) above, the proposed rule changes to (i) would be necessary in furtherance of the would become operative within 45 correct the EPN Rules (as described Act because it would be consistent with Business Days after the date of the above in subsection (2) of Item II (A)1), the SIFMA Guidelines, which reflect Commission’s approval of this proposed (ii) provide transparency to the EPN best practices. The SIFMA Guidelines rule change. FICC would add a legend Rules (as described above in subsection require either the pool seller or the pool to Article II (Messages Processed by the (3) Item II (A)1) and (iii) amend the EPN buyer to take responsibility of the Corporation) that identifies the system’s processing of T2 time stamps mortgage pools in the event that a implementation date of the proposed for pool substitutions would better cancel and correct Message does not change to Section 5 of EPN Rule 2. disclose all relevant and material meet good delivery requirements. FICC aspects of the EPN Service. Therefore, believes the proposed change would be 2. Statutory Basis FICC believes the proposed changes to appropriate in furtherance of the Act Section 17A(b)(3)(F) of the Securities correct and provide transparency to the because EPN Users are parties to each Exchange Act of 1934 (‘‘Act’’) requires, EPN Rules are consistent with Rule Message, aware of the good delivery 26 in part, that the EPN Rules be designed 17Ad–22(e)(23)(i). requirements and best positioned to to promote the prompt and accurate (B) Clearing Agency’s Statement on ensure that cancel and correct Messages clearance and settlement of securities Burden on Competition meet the good delivery requirements. As transactions.22 a result, FICC believes any burden on FICC does not believe the proposed The proposed changes to (i) correct competition that is created by the rule changes to (i) correct the EPN Rules proposed rule change would be the EPN Rules (as described above in (as described above in subsection (2) of subsection (2) of Item II.(A)1) and (ii) necessary and appropriate in Item II(A)1) and (ii) provide furtherance of the purposes of the Act, provide transparency to the EPN Rules transparency to the EPN Rules (as (as described above in subsection (3) of as permitted by Section 17A(b)(3)(I) of described above in subsection (3) of the Act.28 Item II (A)1) would help to ensure that Item II(A)1) would impact competition. the EPN Rules are accurate and clear to The proposed rule changes would help (C) Clearing Agency’s Statement on EPN Users. When EPN Users better to ensure that the EPN Rules remain Comments on the Proposed Rule understand their rights and obligations clear and accurate. In addition, the Change Received From Members, regarding the EPN Service, such EPN changes would facilitate EPN Users’ Participants, or Others Users are more likely to act in understanding of the EPN Rules and FICC has not received or solicited any accordance with the EPN Rules, which their obligations thereunder. These FICC believes would promote the written comments relating to this changes would apply equally to all EPN proposal. FICC will notify the prompt and accurate clearance and Users and would not affect FICC’s settlement of securities transactions. As Commission of any written comments operations or the rights and obligations received by FICC. such, FICC believes that the proposed of EPN membership. As such, FICC changes to correct and provide believes the proposed rule changes to III. Date of Effectiveness of the transparency to the EPN Rules would be correct and provide transparency to the Proposed Rule Change, and Timing for consistent with Section 17A(b)(3)(F) of EPN Rules would not have any impact Commission Action the Act.23 on competition. Within 45 days of the date of The proposed change to established FICC believes that the proposed publication of this notice in the Federal one good delivery T2 time stamp (as change to establish one good delivery Register or within such longer period described above in subsection (4) of T2 time stamp (as described above in up to 90 days (i) as the Commission may Item II (A)1) would be consistent with subsection (4) of Item II(A)1) could have designate if it finds such longer period the SIFMA Guidelines and would an impact on competition among the to be appropriate and publishes its further encourage EPN Users to adhere parties to the Message because either the reasons for so finding or (ii) as to which to the 12:15 p.m. deadline for pool seller or the pool buyer (as the self-regulatory organization substitutions. Because the proposed determined by the parties in accordance consents, the Commission will: change would be consistent with the with the SIFMA Guidelines) would be (A) By order approve or disapprove SIFMA Guidelines, which reflect responsible for financing the substituted such proposed rule change, or industry best practices, FICC believes mortgage pools associated with a (B) institute proceedings to determine that the proposed change would help Message that does not meet the good whether the proposed rule change the seamless processing of transactions delivery requirements. FICC does not should be disapproved. through the EPN Service. As a result, believe that the burden on competition FICC believes the proposed change would be significant because it would IV. Solicitation of Comments further promotes the prompt and similarly affect both counterparties to a Interested persons are invited to accurate clearance and settlement of cancel and correct Message that does submit written data, views and securities transactions. As such, FICC not meet the good delivery requirements arguments concerning the foregoing, believes that the proposed change including whether the proposed rule 24 Id. 22 15 U.S.C. 78q–1(b)(3)(F). 25 17 CFR 240.17Ad–22(e)(23)(i). 27 15 U.S.C. 78q–1(b)(3)(I). 23 Id. 26 Id. 28 Id.

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change is consistent with the Act. SELECTIVE SERVICE SYSTEM Administration under the Small Comments may be submitted by any of Business Investment Act of 1958, as the following methods: Forms Submitted to the Office of amended, under Section 309 of the Act Management and Budget for Extension and Section 107.1900 of the Small Electronic Comments of Clearance Business Administration Rules and • Use the Commission’s internet AGENCY: Selective Service System. Regulations (13 CFR 107.1900) to comment form (http://www.sec.gov/ function as a small business investment ACTION: Notice. rules/sro.shtml); or company under the Small Business • Send an email to rule-comments@ The following form has been Investment Company License No. 09/ sec.gov. Please include File Number SR– submitted to the Office of Management 09–0465 issued to Levine Leichtman FICC–2018–007 on the subject line. and Budget (OMB) for extension of Capital Partners, LP, said license is Paper Comments clearance with change in compliance hereby declared null and void. with the Paperwork Reduction Act: • Send paper comments in triplicate United States Small Business to Secretary, Securities and Exchange SSS Form 1 Administration. Dated: April 23, 2018. Commission, 100 F Street NE, Title: The Selective Service System A. Joseph Shepard, Washington, DC 20549. Registration Form. All submissions should refer to File Purpose: Is used to register men and Associate Administrator for Investment and Number SR–FICC–2018–007. This file establish a data base for use in Innovation. number should be included on the identifying manpower to the military [FR Doc. 2018–17579 Filed 8–14–18; 8:45 am] subject line if email is used. To help the services during a national emergency. BILLING CODE P Commission process and review your Respondents: All 18-year-old males comments more efficiently, please use who are United States citizens and those only one method. The Commission will male immigrants residing in the United SMALL BUSINESS ADMINISTRATION States at the time of their 18th birthday post all comments on the Commission’s [Disaster Declaration #15626 and #15627; internet website (http://www.sec.gov/ are required to register with the Nebraska Disaster Number NE–00071] rules/sro.shtml). Copies of the Selective Service System. submission, all subsequent Frequency: Registration with the Administrative Declaration of a amendments, all written statements Selective Service System is a one-time Disaster for the State of Nebraska with respect to the proposed rule occurrence. change that are filed with the Burden: A burden of two minutes or AGENCY: U.S. Small Business Commission, and all written less on the individual respondent. Administration. communications relating to the Change: Collecting telephone ACTION: Notice. proposed rule change between the numbers from respondents. Commission and any person, other than Copies of the above identified form SUMMARY: This is a notice of an those that may be withheld from the can be obtained upon written request to Administrative declaration of a disaster public in accordance with the the Selective Service System, for the State of Nebraska dated 08/07/ provisions of 5 U.S.C. 552, will be Operations Directorate, 1515 Wilson 2018. available for website viewing and Boulevard, Arlington, Virginia 22209– Incident: Severe Storms and Flooding. printing in the Commission’s Public 2425. Incident Period: 06/25/2018 through Written comments and Reference Room, 100 F Street NE, 06/30/2018. recommendations for the proposed Washington, DC 20549 on official DATES: Issued on 08/07/2018. extension of clearance with change of business days between the hours of Physical Loan Application Deadline the form should be sent within 30 days 10:00 a.m. and 3:00 p.m. Copies of the Date: 10/09/2018. of the publication of this notice to the filing also will be available for Economic Injury (EIDL) Loan Selective Service System, Operations inspection and copying at the principal Application Deadline Date: 05/07/2019. Directorate, 1515 Wilson Boulevard, office of FICC and on DTCC’s website ADDRESSES: Submit completed loan Arlington, Virginia 22209–2425. (http://dtcc.com/legal/sec-rule- A copy of the comments should be applications to: U.S. Small Business filings.aspx). All comments received sent to the Office of Information and Administration, Processing and will be posted without change. Persons Regulatory Affairs, Attention: Desk Disbursement Center, 14925 Kingsport submitting comments are cautioned that Officer, Selective Service System, Office Road, Fort Worth, TX 76155. we do not redact or edit personal of Management and Budget, New FOR FURTHER INFORMATION CONTACT: A. identifying information from comment Executive Office Building, Room 3235, Escobar, Office of Disaster Assistance, submissions. You should submit only Washington, DC 20503. U.S. Small Business Administration, information that you wish to make 409 3rd Street SW, Suite 6050, Dated: August 7, 2018. available publicly. All submissions Washington, DC 20416, (202) 205–6734. should refer to File Number SR–FICC– Donald M. Benton, SUPPLEMENTARY INFORMATION: Notice is 2018–007 and should be submitted on Director. hereby given that as a result of the or before September 5, 2018. [FR Doc. 2018–17625 Filed 8–14–18; 8:45 am] Administrator’s disaster declaration, For the Commission, by the Division of BILLING CODE 8015–01–P applications for disaster loans may be Trading and Markets, pursuant to delegated filed at the address listed above or other 29 authority. locally announced locations. Eduardo A. Aleman, SMALL BUSINESS ADMINISTRATION The following areas have been Assistant Secretary. Surrender of License of Small determined to be adversely affected by [FR Doc. 2018–17489 Filed 8–14–18; 8:45 am] Business Investment Company the disaster: BILLING CODE 8011–01–P Primary Counties: Pursuant to the authority granted to Iowa. 29 17 CFR 200.30–3(a)(12). the United States Small Business Contiguous Counties:

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Nebraska: Thurston, Burt, Dakota, SMALL BUSINESS ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Wayne, Monona, Cuming, Dixon, Direct requests for additional Woodbury. Surrender of License of Small information regarding the collection The Interest Rates are: Business Investment Company listed in this notice, including requests for copies of the proposed collection Pursuant to the authority granted to Percent instrument and supporting documents, the United States Small Business to Andrea Battista, SA–1, 12th Floor, Administration under the Small For Physical Damage: Directorate of Defense Trade Controls, Homeowners With Credit Avail- Business Investment Act of 1958, as Bureau of Political Military Affairs, U.S. able Elsewhere ...... 3.875 amended, under Section 309 of the Act Department of State, Washington, DC Homeowners Without Credit and Section 107.1900 of the Small 20522–0112, via phone at (202) 663– Available Elsewhere ...... 1.938 Business Administration Rules and 3136, or via email at battistaal@ Businesses With Credit Avail- Regulations (13 CFR 107.1900) to able Elsewhere ...... 7.220 state.gov. Businesses Without Credit function as a small business investment company under the Small Business SUPPLEMENTARY INFORMATION: Available Elsewhere ...... 3.610 • Non-Profit Organizations With Investment Company License No. 02/ Title of Information Collection: Credit Available Elsewhere ... 2.500 02–0649 issued to Contemporary Statement of Political Contributions, Non-Profit Organizations With- Healthcare Senior Lien Fund I, LP, said Fees, and Commissions Relating to Sales out Credit Available Else- license is hereby declared null and void. of Defense Articles and Defense where ...... 2.500 United States Small Business Services. For Economic Injury: • OMB Control Number: 1405–0025. Businesses & Small Agricultural Administration. • Dated: June 13, 2018. Type of Request: Extension. Cooperatives Without Credit • Originating Office: Directorate of Available Elsewhere ...... 3.610 A. Joseph Shepard, Non-Profit Organizations With- Defense Trade Controls (DDTC). Associate Administrator for Investment and • Form Number: No Form. out Credit Available Else- Innovation. • where ...... 2.500 Respondents: Persons requesting a [FR Doc. 2018–17580 Filed 8–14–18; 8:45 am] license or other approval for the export, The number assigned to this disaster BILLING CODE P reexport, or retransfer of USML- for physical damage is 15626 B and for regulated defense articles or defense economic injury is 15627 0. services valued in an amount of The States which received an EIDL DEPARTMENT OF STATE $500,000 or more that are being sold Declaration # are Nebraska and Iowa. [Public Notice: 10498] commercially to or for the use of the armed forces of a foreign country or (Catalog of Federal Domestic Assistance Number 59008) 30-Day Notice of Proposed Information international organization or persons Collection: Statement of Political who enter into a contract with the Dated: August 7, 2018. Contributions, Fees, and Commissions Department of Defense for the sale of Linda E. McMahon, Relating to Sales of Defense Articles defense articles or defense services Administrator. and Defense Services valued in an amount of $500,000 or [FR Doc. 2018–17577 Filed 8–14–18; 8:45 am] more under section 22 of the AECA. BILLING CODE 8025–01–P ACTION: Notice of request for public • Estimated Number of Respondents: comments. 120. • Estimated Number of Responses: SUMMARY: SMALL BUSINESS ADMINISTRATION The Department of State has 500. submitted the information collection • Average Time per Response: 60 Surrender of License of Small described below to the Office of minutes. Business Investment Company Management and Budget (OMB) for • Total Estimated Burden Time: 500 approval. In accordance with the Pursuant to the authority granted to hours. Paperwork Reduction Act of 1995 we • the United States Small Business Frequency: On occasion. are requesting comments on this • Administration under the Small Obligation to Respond: Mandatory. collection from all interested We are soliciting public comments to Business Investment Act of 1958, as individuals and organizations. The amended, under Section 309 of the Act permit the Department to: purpose of this Notice is to allow 30 • Evaluate whether the proposed and Section 107.1900 of the Small days for public comment. Business Administration Rules and information collection is necessary for DATES: Submit comments directly to the Regulations (13 CFR 107.1900) to the proper functions of the Department. Office of Management and Budget • function as a small business investment Evaluate the accuracy of our (OMB) up to September 14, 2018. company under the Small Business estimate of the time and cost burden for Investment Company License No. 05/ ADDRESSES: Direct comments to the this proposed collection, including the 05–0288 issued to Stonehenge Department of State Desk Officer in the validity of the methodology and Office of Information and Regulatory assumptions used. Opportunity Fund II, LP, said license is • hereby declared null and void. Affairs at the Office of Management and Enhance the quality, utility, and Budget (OMB). You may submit clarity of the information to be United States Small Business comments by the following methods: collected. Administration. • Email: oira_submission@ • Minimize the reporting burden on Dated: April 6, 2018. omb.eop.gov. You must include the DS those who are to respond, including the A. Joseph Shepard, form number, information collection use of automated collection techniques Associate Administrator for Investment and title, and the OMB control number in or other forms of information Innovation. the subject line of your message. technology. [FR Doc. 2018–17578 Filed 8–14–18; 8:45 am] Fax: 202–395–5806. Attention: Desk Please note that comments submitted BILLING CODE P Officer for Department of State. in response to this notice are public

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record. Before including any detailed SURFACE TRANSPORTATION BOARD under 49 CFR 1152.27(c)(2) 2 must be personal information, you should be filed by August 24, 2018. Petitions to aware that your comments as submitted, [Docket No. AB 290 (Sub-No. 382X)] stay that do not involve environmental including your personal information, issues must be filed by August 27, will be available for public review. Norfolk Southern Railway Company— 2018.3 Petitions for reconsideration must be filed by September 4, 2018, Abstract of proposed collection: Discontinuance of Service Exemption—in Washington County, with the Surface Transportation Board, DDTC regulates the export and Pa. 395 E Street SW, Washington, DC temporary import of defense articles and 20423–0001. services enumerated on the USML in Norfolk Southern Railway Company A copy of any petition filed with accordance with the Arms Export (NSR) has filed a verified notice of Board should be sent to NSR’s Control Act (AECA) (22 U.S.C. 2751 et exemption under 49 CFR pt. 1152 representative, William A. Mullins, seq.) and the International Traffic in subpart F—Exempt Abandonments and Baker & Miller PLLC, 2401 Pennsylvania Arms Regulations (ITAR) (22 CFR parts Discontinuances of Service to Avenue NW, Suite 300, Washington, DC 120–130). In accordance with section 39 discontinue service over an 20037. of the AECA, the Secretary of State must approximately 7.58-mile rail line If the verified notice contains false or require, in part, adequate and timely extending from milepost EL 11.818 misleading information, the exemption reporting of political contributions, (near Ellsworth) to milepost EL 19.4 (at is void ab initio. gifts, commissions and fees paid, or Marianna) in Washington County, Pa. Board decisions and notices are offered or agreed to be paid in (the Line). The Line traverses United available on our website at WWW.STB.GOV. connection with the sales of defense States Postal Service Zip Codes 15345, articles or defense services licensed or 15360, 15331, and 15314. Decided: August 10, 2018. approved under AECA sections 22 and NSR has certified that: (1) No local By the Board, Scott M. Zimmerman, Acting traffic has moved over the Line for at 38. Pursuant to ITAR § 130.9(a), any Director, Office of Proceedings. least two years; (2) any overhead traffic person applying for a license or Raina Contee, on the Line can be rerouted over other approval required under section 38 of Clearance Clerk. lines; (3) no formal complaint filed by [FR Doc. 2018–17570 Filed 8–14–18; 8:45 am] the AECA for sale to the armed forces a user of rail service on the Line (or a BILLING CODE 4915–01–P of a foreign country or international state or local government entity acting organization valued at $500,000 or more on behalf of such user) regarding must inform DDTC, and provide certain cessation of service over the Line either DEPARTMENT OF TRANSPORTATION specified information, when they have is pending before the Surface paid, offered to, or agreed to pay, (1) Transportation Board (Board) or any Federal Aviation Administration political contributions in an aggregate U.S. District Court or has been decided amount of $5,000 or greater; or (2) fees in favor of the complainant within the Agency Information Collection or commissions in an aggregate amount two-year period; and (4) the Activities: Requests for Comments; equaling or exceeding $100,000. requirements at 49 CFR 1105.12 Clearance of Renewed Approval of Similarly, ITAR § 130.9(b) requires any (newspaper publication) and 49 CFR Information Collection: QSA Customer person who enters into a contract with 1152.50(d)(1) (notice to governmental Feedback Report the Department of Defense under agencies) have been met. AGENCY: Federal Aviation section 22 of the AECA, valued at As a condition to this exemption, any Administration (FAA), DOT. $500,000 or more, to inform DDTC and employee adversely affected by the ACTION: Notice and request for provide the specified information, when discontinuance of service shall be comments. they or their vendors, have paid, or protected under Oregon Short Line offered or agreed to pay, in respect to Railroad—Abandonment Portion SUMMARY: In accordance with the any sale (1) political contributions in an Goshen Branch Between Firth & Paperwork Reduction Act of 1995, FAA aggregate amount of $5,000 or greater; or Ammon, in Bingham & Bonneville invites public comments about our (2) fees or commissions in an aggregate Counties, Idaho, 360 I.C.C. 91 (1979). To intention to request the Office of amount equaling or exceeding $100,000. address whether this condition Management and Budget (OMB) adequately protects affected employees, Respondents are also required to collect approval to renew an information a petition for partial revocation under information pursuant to Sections 130.12 collection. The information is collected 49 U.S.C. 10502(d) must be filed. and 130.13 prior to submitting their from holders of FAA production Provided no formal expression of report to DDTC. approvals and selected suppliers in the intent to file an offer of financial form of a feedback survey, to obtain Methodology: Respondents will assistance (OFA) 1 to subsidize their input on how well the agency is submit information as attachments to continued rail service has been performing the administration and relevant license applications or requests received, this exemption will be conduct of the Aircraft Certification for other approval. effective on September 14, 2018, unless Systems Quality System Audit (QSA). stayed pending reconsideration. Formal Anthony M. Dearth, DATES: Written comments should be expressions of intent to file an OFA submitted by October 15, 2018. Chief of Staff (Acting), Directorate of Defense Trade Controls, U.S. Department of State. 1 The Board modified its OFA procedures 2 Each OFA must be accompanied by the filing [FR Doc. 2018–17559 Filed 8–14–18; 8:45 am] effective July 29, 2017. Among other things, the fee, which currently is set at $1,800. See 49 CFR BILLING CODE 4710–25–P OFA process now requires potential offerors, in 1002.2(f)(25). their formal expression of intent, to make a 3 Because this is a discontinuance proceeding and preliminary financial responsibility showing based not an abandonment, trail use/rail banking and on a calculation using information contained in the public use conditions are not appropriate. Because carrier’s filing and publicly available information. there will be an environmental review during See Offers of Financial Assistance, EP 729 (STB abandonment, this discontinuance does not require served June 29, 2017); 82 FR 30,997 (July 5, 2017). environmental review.

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ADDRESSES: Send comments to the FAA DEPARTMENT OF TRANSPORTATION be reviewed at http://www.dot.gov/ at the following address: Barbara Hall, privacy. Federal Aviation Administration, ASP– Federal Motor Carrier Safety II. Background 110, 10101 Hillwood Parkway, Fort Administration Worth, TX 76177. On June 18, 2018, FMCSA published Public Comments Invited: You are [Docket No. FMCSA–2012–0322; FMCSA– a notice announcing its decision to 2013–0122; FMCSA–2013–0123; FMCSA– renew exemptions for 19 individuals asked to comment on any aspect of this 2015–0329] information collection, including (a) from the hearing standard in 49 CFR Whether the proposed collection of Qualification of Drivers; Exemption 391.41(b)(11) to operate a CMV in information is necessary for FAA’s Applications; Hearing interstate commerce and requested performance; (b) the accuracy of the comments from the public (83 FR estimated burden; (c) ways for FAA to AGENCY: Federal Motor Carrier Safety 28330). The public comment period enhance the quality, utility and clarity Administration (FMCSA), DOT. ended on July 18, 2018, and no of the information collection; and (d) ACTION: Notice of final disposition. comments were received. ways that the burden could be As stated in the previous notice, minimized without reducing the quality SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility of of the collected information. The agency decision to renew exemptions for 19 these applicants and determined that will summarize and/or include your individuals from the hearing renewing these exemptions would comments in the request for OMB’s requirement in the Federal Motor achieve a level of safety equivalent to or clearance of this information collection. Carrier Safety Regulations (FMCSRs) for greater than the level that would be FOR FURTHER INFORMATION CONTACT: interstate commercial motor vehicle achieved by complying with the current Barbara Hall by email at: (CMV) drivers. The exemptions enable regulation 49 CFR 391.41(b)(11). [email protected]; phone: 940– these hard of hearing and deaf The physical qualification standard 594–5913. individuals to continue to operate CMVs for drivers regarding hearing found in in interstate commerce. 49 CFR 391.41(b)(11) states that a SUPPLEMENTARY INFORMATION: OMB person is physically qualified to drive a Control Number: 2120–0605. DATES: Each group of renewed Title: QSA Customer Feedback exemptions were applicable on the CMV if that person first perceives a Report. dates stated in the discussions below forced whispered voice in the better ear Form Numbers: FAA Form 8100–7. and will expire on the dates stated in at not less than 5 feet with or without Type of Review: Renewal of an the discussions below. the use of a hearing aid or, if tested by information collection. FOR FURTHER INFORMATION CONTACT: Ms. use of an audiometric device, does not Background: The information Christine A. Hydock, Chief, Medical have an average hearing loss in the collection is voluntary and is collected Programs Division, 202–366–4001, better ear greater than 40 decibels at 500 by way of a self-addressed stamped [email protected], FMCSA, Hz, 1,000 Hz, and 2,000 Hz with or envelope. The information collected is Department of Transportation, 1200 without a hearing aid when the used by the local field offices, New Jersey Avenue SE, Room W64–224, audiometric device is calibrated to manufacturing inspection offices and Washington, DC 20590–0001. Office American National Standard (formerly the surveillance and oversight policy hours are from 8:30 a.m. to 5 p.m., e.t., ASA Standard) Z24.5–1951. section of AIR–600 to improve the Monday through Friday, except Federal 49 CFR 391.41(b)(11) was adopted in administration and conduct of the QSA holidays. If you have questions 1970, with a revision in 1971 to allow at the local and national levels. regarding viewing or submitting drivers to be qualified under this Improvements to FAA Order 8120.23, material to the docket, contact Docket standard while wearing a hearing aid, Certificate Management of Production Services, telephone (202) 366–9826. 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). Approval Holders, have been and will SUPPLEMENTARY INFORMATION: continue to be incorporated as a result III. Discussion of Comments of the on-going collection of data. It will I. Electronic Access FMCSA received no comments in this also be used for reporting as a Customer You may see all the comments online preceding. Service Standard in fulfillment of through the Federal Document Executive Order 12862, Setting Management System (FDMS) at: http:// IV. Conclusion Customer Service Standards, dated www.regulations.gov. Based upon its evaluation of the 19 September 11, 1993. Docket: For access to the docket to renewal exemption applications, Respondents: Approximately 150 read background documents or FMCSA announces its’ decision to holders of FAA production approvals comments, go to http:// exempt the following drivers from the and selected suppliers. www.regulations.gov and/or Room hearing requirement in 49 CFR 391.41 Frequency: Information is collected W12–140 on the ground level of the (b)(11): on occasion. West Building, 1200 New Jersey Avenue As of April 21, 2018, and in Estimated Average Burden per SE, Washington, DC, between 9 a.m. and accordance with 49 U.S.C. 31136(e) and Response: 30 minutes. 5 p.m., e.t., Monday through Friday, 31315, the following 11 individuals Estimated Total Annual Burden: 100 except Federal holidays. have satisfied the renewal conditions for hours. Privacy Act: In accordance with 5 obtaining an exemption from the Issued in Washington, DC, on August 9, U.S.C. 553(c), DOT solicits comments hearing requirement in the FMCSRs for 2018. from the public to better inform its interstate CMV drivers (83 FR 6673). Robin Darden, rulemaking process. DOT posts these Andrew Alcozer (IL) Management Support Specialist, comments, without edit, including any Michael Beebe (NJ) Performance, Policy, and Records personal information the commenter Shayne Bumbalough (WA) Management Branch, ASP–110. provides, to http://www.regulations.gov, Barry Carpenter (SC) [FR Doc. 2018–17598 Filed 8–14–18; 8:45 am] as described in the system of records Roman Landa (CA) BILLING CODE 4910–13–P notice (DOT/ALL–14 FDMS), which can Bryan McFarland (OH)

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Jacob Paulin (WI) Issued on: August 9, 2018. Instructions: Each submission must Ryan Pope (CA) Larry W. Minor, include the Agency name and the Ronald Rutter (CA) Associate Administrator for Policy. docket number(s) for this notice. Note Fernando R. Savon (TX) [FR Doc. 2018–17589 Filed 8–14–18; 8:45 am] that all comments received will be BILLING CODE 4910–EX–P posted without change to http:// Russel Smith (OH) www.regulations.gov, including any The drivers were included in docket personal information provided. Please number FMCSA–2012–0123. Their DEPARTMENT OF TRANSPORTATION see the Privacy Act heading below for exemptions are applicable as of April further information. 21, 2018, and will expire on April 21, Federal Motor Carrier Safety Docket: For access to the docket to 2020. Administration read background documents or As of April 23, 2018, and in comments, go to http:// accordance with 49 U.S.C. 31136(e) and [Docket No. FMCSA–2010–0188; FMCSA– www.regulations.gov at any time or 31315, the following 2 individuals have 2012–0164; FMCSA–2014–0019; FMCSA– Room W12–140 on the ground level of satisfied the renewal conditions for 2014–0020; FMCSA–2016–0043; FMCSA– the West Building, 1200 New Jersey 2016–0216; FMCSA–2016–0218; FMCSA– Avenue, SE, Washington, DC, between 9 obtaining an exemption from the 2016–0219] hearing requirement in the FMCSRs for a.m. and 5 p.m., e.t., Monday through interstate CMV drivers (83 FR 6673). Qualification of Drivers; Exemption Friday, except Federal holidays. The Donald Lynch (SC); and Zachery Rietz Applications; Diabetes FDMS is available 24 hours each day (TX). e.t., 365 days each year. If you want AGENCY: The drivers were included in docket Federal Motor Carrier Safety acknowledgment that we received your number FMCSA–2012–0322. Their Administration (FMCSA), DOT. comments, please include a self- exemptions are applicable April 23, ACTION: Notice of renewal of addressed, stamped envelope or 2018, and will expire on April 23, 2020. exemptions; request for comments. postcard or print the acknowledgement page that appears after submitting As of April 24, 2018, and in SUMMARY: FMCSA announces its comments online. accordance with 49 U.S.C. 31136(e) and decision to renew exemptions for 192 Privacy Act: In accordance with 5 31315, the following 3 individuals have individuals from its prohibition in the U.S.C. 553(c), DOT solicits comments satisfied the renewal conditions for Federal Motor Carrier Safety from the public to better inform its obtaining an exemption from the Regulations (FMCSRs) against persons rulemaking process. DOT posts these hearing requirement in the FMCSRs for with insulin-treated diabetes mellitus comments, without edit, including any interstate CMV drivers (83 FR 6673). (ITDM) from operating commercial personal information the commenter Kwinton Carpenter (OH); Darren motor vehicles (CMVs) in interstate provides, to http://www.regulations.gov, Norquist (WI); and Andery Shevechenko commerce. The exemptions enable these as described in the system of records (MN). individuals with ITDM to continue to notice (DOT/ALL–14 FDMS), which can The drivers were included in docket operate CMVs in interstate commerce. be reviewed at http://www.dot.gov/ number FMCSA–2013–0122. Their DATES: Each group of renewed privacy. exemptions are applicable as of April exemptions were applicable on the FOR FURTHER INFORMATION CONTACT: Ms. 24, 2018, and will expire on April 24, dates stated in the discussions below 2020. Christine A. Hydock, Chief, Medical and will expire on the dates stated in Programs Division, 202–366–4001, As of April 27, 2018, and in the discussions below. Comments must [email protected], FMCSA, accordance with 49 U.S.C. 31136(e) and be received on or before September 14, Department of Transportation, 1200 31315, the following 3 individuals have 2018. New Jersey Avenue SE, Room W64–224, satisfied the renewal conditions for ADDRESSES: You may submit comments Washington, DC 20590–0001. Office obtaining an exemption from the bearing the Federal Docket Management hours are from 8:30 a.m. to 5:30 p.m., hearing requirement in the FMCSRs for System (FDMS) Docket No. FMCSA– e.t., Monday through Friday, except interstate CMV drivers (83 FR 6673). 2010–0188; FMCSA–2012–0164; Federal holidays. If you have questions Tonya Bland, (MD); John Ferguson, FMCSA–2014–0019; FMCSA–2014– regarding viewing or submitting (IL); and Michael McCarthy. 0020; FMCSA–2016–0043; FMCSA– material to the docket, contact Docket The drivers were included in docket 2016–0216; FMCSA–2016–0218; Services, telephone (202) 366–9826. number FMCSA–2015–0329. Their FMCSA–2016–0219 using any of the SUPPLEMENTARY INFORMATION: exemptions are applicable as of April following methods: 27, 2018, and will expire on April 27, • Federal eRulemaking Portal: Go to I. Background 2020. http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, In accordance with 49 U.S.C. 31315, online instructions for submitting FMCSA may grant an exemption for five each exemption will be valid for two comments. years if it finds ‘‘such exemption would years from the effective date unless • Mail: Docket Management Facility; likely achieve a level of safety that is revoked earlier by FMCSA. The U.S. Department of Transportation, 1200 equivalent to or greater than the level exemption will be revoked if the New Jersey Avenue SE, West Building that would be achieved absent such following occurs: (1) The person fails to Ground Floor, Room W12–140, exemption.’’ The statute also allows the comply with the terms and conditions Washington, DC 20590–0001. Agency to renew exemptions at the end of the exemption; (2) the exemption has • Hand Delivery: West Building of the five-year period. FMCSA grants resulted in a lower level of safety than Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two- was maintained prior to being granted; New Jersey Avenue SE, Washington, year period to align with the maximum or (3) continuation of the exemption DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical would not be consistent with the goals Monday through Friday, except Federal certification. and objectives of 49 U.S.C. 31136 and Holidays. The physical qualification standard 31315. • Fax: 1–202–493–2251. for drivers regarding diabetes found in

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49 CFR 391.41(b)(3) states that a person 31315, the following 29 individuals Bruce A. Miller (IA) is physically qualified to drive a CMV have satisfied the renewal conditions for Eric J. O’Neal (MD) if that person has no established obtaining an exemption from the rule Eugene E. Patterson III (TX) medical history or clinical diagnosis of prohibiting drivers with ITDM from Michael G. Schleining (WA) diabetes mellitus currently requiring driving CMVs in interstate commerce Ryan A. Scopino (ME) insulin for control. (81 FR 51541, 81 FR 72651): Robert W. Shafer (SD) The 192 individuals listed in this Larry S. Ankerson (WI) Terry J. Southards (KS) notice have requested renewal of their Kenneth D. Beatty (MS) Timothy T. Stanton (MN) exemptions from the diabetes standard Brandon J. Brown (TN) Eric W. Thomason (KS) in 49 CFR 391.41(b)(3), in accordance Justin D. Campbell (AL) Glenn M. Turley (WV) with FMCSA procedures. Accordingly, Vito J. Dambra (PA) Randy R. Wallace (MO) FMCSA has evaluated these Linda D. Davis (IN) Merle L. Weyer (SD) applications for renewal on their merits Frank A. DeCarolis (KS) Norman D. Zamarche (UT) and decided to extend each exemption Orlando Dominguez (CA) The drivers were included in docket for a renewable two-year period. Scott L. Fetzer (PA) number FMCSA–2016–0218. Their II. Request for Comments Carl E. Fisher (PA) exemptions are applicable as of Ryan A. Gehrke (MN) September 8, 2018, and will expire on Interested parties or organizations Shane R. Gousie (MA) September 8, 2020. possessing information that would Randal E. Hampton (NV) As of September 10, 2018, and in otherwise show that any, or all, of these Reginald M. Hart (GA) accordance with 49 U.S.C. 31136(e) and drivers are not currently achieving the Dennis J. Kniffen (SD) 31315, the following 31 individuals statutory level of safety should Allen E. Lemaster (SC) have satisfied the renewal conditions for immediately notify FMCSA. The Wayne F. Leonard (IL) obtaining an exemption from the rule Agency will evaluate any adverse Joshua W. Lockwood (MD) prohibiting drivers with ITDM from evidence submitted and, if safety is Brian P. McCabe (WA) driving CMVs in interstate commerce being compromised or if continuation of Charles M. McKenzie (OH) (81 FR 52947, 81 FR 67421): the exemption would not be consistent Michael C. McNamara (SC) Dale E. Bliss (WI) with the goals and objectives of 49 Michael S. Meulenberg (MI) U.S.C. 31136(e) and 31315, FMCSA will Charles W. Bobbitt (WA) Timothy J. Newton (IA) Thomas Buckmaster (FL) take immediate steps to revoke the David T. Petty (CA) exemption of a driver. Carlos A. Chapa (TX) Ronald K. Roe (PA) David E. Colorado (UT) III. Basis for Renewing Exemptions Harry W. Roebuck (TX) Francis J. Crawford (NY) Under 49 U.S.C. 31315(b)(1), an James D. Tichnor (NJ) James W. Creech (IN) exemption may be granted for no longer Scott W. Waterman (SD) Kirk A. Devitis (NJ) Richard A. Wojciak (CT) than two years from its approval date Melinda L. Echols (WA) and may be renewed upon application. The drivers were included in docket Justin W. Garriott (WY) In accordance with 49 U.S.C. 31136(e) number FMCSA–2016–0043. Their David J. Goergen (MN) and 31315, each of the 192 applicants exemptions are applicable as of Pedro L. Gonzalez (MA) has satisfied the renewal conditions for September 7, 2018, and will expire on Jeffrey K. Hagen (WI) obtaining an exemption from the September 7, 2020. Charles D. Hall (CA) diabetes requirement (75 FR 42477; 75 As of September 8, 2018, and in Bonita K. Hunt (NC) FR 57329; 77 FR 46149; 77 FR 59450; accordance with 49 U.S.C. 31136(e) and John M. Isley (NC) 79 FR 47702; 79 FR 47711; 79 FR 63210; 31315, the following 33 individuals Jeffrey A. Kidd (MD) 81 FR 51541; 81 FR 52505; 81 FR 52947; have satisfied the renewal conditions for Craig T. Kite (OH) 81 FR 59718; 81 FR 67421; 81 FR 72640; obtaining an exemption from the rule Kevin E. Lester (VA) 81 FR 72651; 81 FR 84688; 82 FR prohibiting drivers with ITDM from Eric T. Maier (CA) 12899). They have maintained their driving CMVs in interstate commerce Javier Melendez (TX) required medical monitoring and have (81 FR 52505, 81 FR 84688): Terry L. Neiman (PA) not exhibited any medical issues that Robert C. Bartleson (WI) Peter Z. Pall (FL) would compromise their ability to safely Melvin J. Bowers (SC) Vernon Piper (NY) operate a CMV during the previous two- Howard A. Cambridge (PA) Sean A. Rivera (AZ) year exemption period. These factors Donald J. Charette (CT) James R. Sauceda (NM) provide an adequate basis for predicting Robert C. Davis (PA) Tony B. Wetherell (MN) each driver’s ability to continue to drive Matthew P. Delaney (MA) Mark A. Williams (GA) safely in interstate commerce. Scot D. Dragon (CT) Steven M. Wilson (IL) Therefore, FMCSA concludes that Patrick J. Flynn (IA) Don E. Wood (TX) extending the exemption for each of Tyson E. Frazier (NH) Charles P. Zenns (NY) these drivers for a period of two years Charles R. Hurston (LA) The drivers were included in docket is likely to achieve a level of safety Lovie L. Ivory (AL) number FMCSA–2016–0216. Their equal to that existing without the Rodrigo Jackson (TX) exemptions are applicable as of exemption. Keith L. Jaynes (ME) September 10, 2018, and will expire on In accordance with 49 U.S.C. 31136(e) James J. Jopp (MN) September 10, 2020. and 31315, the following groups of Evan D. Keese (TN) As of September 16, 2018, and in drivers received renewed exemptions in Michael J. Kelly (NY) accordance with 49 U.S.C. 31136(e) and the month of September and are Mark A. Lewis (SD) 31315, the following 58 individuals discussed below: Lloyd I. Lynn (IA) have satisfied the renewal conditions for As of September 7, 2018, and in Vincent Marino (WV) obtaining an exemption from the rule accordance with 49 U.S.C. 31136(e) and Dean A. McCoy (IA) prohibiting drivers with ITDM from

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driving CMVs in interstate commerce 31315, the following 12 individuals Lucas J. Preston (ND) (79 FR 47702, 79 FR 47711, 79 FR have satisfied the renewal conditions for William B. Robinson (AR) 63210, 82 FR 12899): obtaining an exemption from the rule F. Marino M. Sanchez (NY) Vincent M. Branch (VA) prohibiting drivers with ITDM from Andrew D. Sanford (TN) Michael A. Taylor (CT) James M. Brooks (VA) driving CMVs in interstate commerce (75 FR 42477, 75 FR 57329, 82 FR Jerry W. Thomas (NC) Perry C. Bullis (PA) Ray E. Vaughan (MN) Richard E. Campney (IA) 12899): The drivers were included in docket James E. Cantrell, Jr. (AL) Tommy S. Boden (ID) Steven J. Causie (MI) Dustin G. Cook (OH) number FMCSA–2016–0219. Their Wesley A. Chain (TX) Nathan J. Enloe (MO) exemptions are applicable as of Kristy S. Clark (VA) Joseph B. Hall (GA) September 30, 2018, and will expire on Richard M. Cohen (NJ) Mark H. Horne (NH) September 30, 2020. Dwayne P. Daniels (IL) Michael J. Hurst (MI) IV. Conditions and Requirements Chad W. Lawyer (IN) James T. Dodge (CO) The exemptions are extended subject Richard D. Domingo (NV) Thomas A. Mentley (NY) to the following conditions: (1) Each John J. Dominguez (TX) Justin P. Sibigtroth (IL) driver must submit a quarterly Bradley C. Dunlap (IL) Duane A. Wages (ND) monitoring checklist completed by the Gary W. Giles (TX) Michael J. Williams (NY) treating endocrinologist as well as an John A. Gillingham (PA) Edward L. Winget, Sr. (MS) annual checklist with a comprehensive Ronald L. Glade (IL) The drivers were included in docket medical evaluation; (2) each driver must Brent C. Godshalk (IN) number FMCSA–2010–0188. Their report within two business days of Benny B. Gonzales (TX) exemptions are applicable as of occurrence, all episodes of severe Jerry W. Gott (IA) September 20, 2018, and will expire on hypoglycemia, significant Daniel E. Harris (IL) September 20, 2020. complications, or inability to manage Randy S. Holz (IA) As of September 27, 2018, and in diabetes; also, any involvement in an Henderson R. Hughes (NY) accordance with 49 U.S.C. 31136(e) and accident or any other adverse event in James L. Hummel (WA) 31315, the following five individuals a CMV or personal vehicle, whether or Joseph T. Ingiosi (MI) have satisfied the renewal conditions for not it is related to an episode of Michael J. Javenkoski (MN) obtaining an exemption from the rule hypoglycemia; (3) each driver must Steven T. Juhl (WI) prohibiting drivers with ITDM from submit an annual ophthalmologist’s or Joseph A. Kipus (OH) driving CMVs in interstate commerce optometrist’s report; and (4) each driver Kevin L. Kreakie (OH) (77 FR 46149, 77 FR 59450, 82 FR must provide a copy of the annual Kevin C. Lewis (LA) 12899): medical certification to the employer for Richard M. Mackey (TX) Matthew R. Lanciault (NH) retention in the driver’s qualification Paul J. Marshall (UT) Steven L. Leslie (MI) file, or keep a copy in his/her driver’s David L. McDonald (IL) Del A. Meath (MN) qualification file if he/she is self- Kevin J. McGrath (MA) Benny D. Puck (IA) employed. The driver must also have a Thomas K. Miszler (PA) Bob F. Rice (WA) copy of the exemption when driving, for Jerry W. Murphy (MS) The drivers were included in docket presentation to a duly authorized Christopher D. Murray (NC) number FMCSA–2016–0164. Their Federal, State, or local enforcement Robert D. Noe (IL) exemptions are applicable as of official. The exemption will be Kyle W. Parker (CA) September 27, 2018, and will expire on rescinded if: (1) The person fails to Gary L. Roberts (CT) September 27, 2020. comply with the terms and conditions Eric D. Roberts (MI) As of September 30, 2018, and in of the exemption; (2) the exemption has Tommy A. Rollins (GA) accordance with 49 U.S.C. 31136(e) and resulted in a lower level of safety than Janice M. Rowles (PA) 31315, the following 24 individuals was maintained before it was granted; or William B. Rupert, Jr. (PA) have satisfied the renewal conditions for (3) continuation of the exemption would Ahmed A. Saleh (MI) obtaining an exemption from the rule not be consistent with the goals and Bradlee R. Saxby (IL) prohibiting drivers with ITDM from objectives of 49 U.S.C. 31136(e) and Robert M. Schmitz (IA) driving CMVs in interstate commerce 31315. Barry L. Schwab (MI) (81 FR 59718, 81 FR 72640): Geoffrey E. Showaker (PA) V. Preemption Scott G. Barr (FL) Bryce J. Smith (UT) John L. Bauers (NE) During the period the exemption is in David R. Sprenkel (PA) Robert J. Borgese (NJ) effect, no State shall enforce any law or Jeffrey R. Stevens (PA) Rodger L. Bratton (LA) regulation that conflicts with this Artilla M. Thomas (IL) John T. Brecken (MI) exemption with respect to a person Dale W. Tucker (VA) Ross L. Christenson (MN) operating under the exemption. William C. Vickery (NY) Daniel B. Cox (WA) VI. Conclusion Robert A. Whitcomb (MA) Raymond Davila (NJ) Rodney L. Wichman (IL) Craig W. Dennis (MN) Based upon its evaluation of the 192 Richard D. Wiegartz (IL) Douglas Endicott (VA) exemption applications, FMCSA renews The drivers were included in docket Thomas P. Fogerty (MA) the exemptions of the aforementioned numbers FMCSA–2014–0019, FMCSA– M. A. Gandolfo (NY) drivers from the rule prohibiting drivers 2014–0020. Their exemptions are Merlyn C. Gerdes (IA) with ITDM from driving CMVs in applicable as of September 16, 2018, Fabian Guerrero-Rodriguez (NV) interstate commerce. In accordance with and will expire on September 16, 2020. James C. Holcomb (LA) 49 U.S.C. 31136(e) and 31315, each As of September 20, 2018, and in Robert J. Lockwood (CT) exemption will be valid for two years accordance with 49 U.S.C. 31136(e) and Adam W. Martin (MI) unless revoked earlier by FMCSA.

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Issued on: August 8, 2018. • Fax: 1–202–493–2251. The physical qualification standard Larry W. Minor, Instructions: Each submission must for drivers regarding epilepsy found in Associate Administrator for Policy. include the Agency name and the 49 CFR 391.41(b)(8) states that a person [FR Doc. 2018–17610 Filed 8–14–18; 8:45 am] docket number(s) for this notice. Note is physically qualified to drive a CMV BILLING CODE 4910–EX–P that all comments received will be if that person has no established posted without change to http:// medical history or clinical diagnosis of www.regulations.gov, including any epilepsy or any other condition which DEPARTMENT OF TRANSPORTATION personal information provided. Please is likely to cause the loss of see the Privacy Act heading below for consciousness or any loss of ability to Federal Motor Carrier Safety further information. control a CMV. Administration Docket: For access to the docket to In addition to the regulations, FMCSA has published advisory criteria to assist [Docket Nos. FMCSA 2012–0294; FMCSA read background documents or 2013–0442; FMCSA–2013–0445; FMCSA– comments, go to http:// Medical Examiners in determining 2015–0321] www.regulations.gov at any time or whether drivers with certain medical Room W12–140 on the ground level of conditions are qualified to operate a CMV in interstate commerce. [49 CFR Qualification of Drivers; Exemption the West Building, 1200 New Jersey part 391, APPENDIX A TO PART 391— Applications; Epilepsy and Seizure Avenue SE, Washington, DC, between 9 MEDICAL ADVISORY CRITERIA, Disorders a.m. and 5 p.m., e.t., Monday through section H. Epilepsy: § 391.41(b)(8), Friday, except Federal holidays. The AGENCY: Federal Motor Carrier Safety paragraphs 3, 4, and 5.] Administration (FMCSA), DOT. FDMS is available 24 hours each day The four individuals listed in this ACTION: Notice of renewal of e.t., 365 days each year. If you want notice have requested renewal of their exemptions; request for comments. acknowledgment that we received your exemptions from the epilepsy and comments, please include a self- seizure disorders prohibition in 49 CFR SUMMARY: FMCSA announces its addressed, stamped envelope or 391.41(b)(8), in accordance with decision to renew exemptions for four postcard or print the acknowledgement FMCSA procedures. Accordingly, individuals from the requirement in the page that appears after submitting FMCSA has evaluated these Federal Motor Carrier Safety comments online. applications for renewal on their merits Regulations (FMCSRs) that interstate Privacy Act: In accordance with 5 and decided to extend each exemption commercial motor vehicle (CMV) U.S.C. 553(c), DOT solicits comments for a renewable two-year period. drivers have ‘‘no established medical from the public to better inform its history or clinical diagnosis of epilepsy rulemaking process. DOT posts these II. Request for Comments or any other condition which is likely comments, without edit, including any Interested parties or organizations to cause loss of consciousness or any personal information the commenter possessing information that would loss of ability to control a CMV.’’ The provides, to http://www.regulations.gov, otherwise show that any, or all, of these exemptions enable these individuals as described in the system of records drivers are not currently achieving the who have had one or more seizures and notice (DOT/ALL–14 FDMS), which can statutory level of safety should are taking anti-seizure medication to be reviewed at http://www.dot.gov/ immediately notify FMCSA. The continue to operate CMVs in interstate privacy. Agency will evaluate any adverse commerce. evidence submitted and, if safety is FOR FURTHER INFORMATION CONTACT: Ms. DATES: Each group of renewed being compromised or if continuation of Christine A. Hydock, Chief, Medical exemptions were applicable on the the exemption would not be consistent Programs Division, 202–366–4001, dates stated in the discussions below with the goals and objectives of 49 [email protected], FMCSA, and will expire on the dates stated in U.S.C. 31136(e) and 31315, FMCSA will Department of Transportation, 1200 the discussions below. Comments must take immediate steps to revoke the New Jersey Avenue SE, Room W64–224, be received on or before September 14, exemption of a driver. 2018. Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., III. Basis for Renewing Exemptions ADDRESSES: You may submit comments Monday through Friday, except Federal bearing the Federal Docket Management In accordance with 49 U.S.C. 31136(e) holidays. If you have questions and 31315, each of the four applicants System (FDMS) Docket Nos. FMCSA regarding viewing or submitting 2012–0294; FMCSA 2013–0442; has satisfied the renewal conditions for material to the docket, contact Docket obtaining an exemption from the FMCSA–2013–0445; FMCSA–2015– Services, telephone (202) 366–9826. 0321 using any of the following epilepsy and seizure disorders methods: SUPPLEMENTARY INFORMATION: prohibition. The four drivers in this • notice remain in good standing with the Federal eRulemaking Portal: Go to I. Background http://www.regulations.gov. Follow the Agency, have maintained their medical online instructions for submitting Under 49 U.S.C. 31136(e) and 31315, monitoring and have not exhibited any comments. FMCSA may grant an exemption for five medical issues that would compromise • Mail: Docket Management Facility; years if it finds ‘‘such exemption would their ability to safely operate a CMV U.S. Department of Transportation, 1200 likely achieve a level of safety that is during the previous two-year exemption New Jersey Avenue SE, West Building equivalent to or greater than the level period. In addition, for Commercial Ground Floor, Room W12–140, that would be achieved absent such Driver’s License (CDL) holders, the Washington, DC 20590–0001. exemption.’’ The statute also allows the Commercial Driver’s License • Hand Delivery: West Building Agency to renew exemptions at the end Information System (CDLIS) and the Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants Motor Carrier Management Information New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two- System (MCMIS) are searched for crash DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum and violation data. For non-CDL Monday through Friday, except Federal duration of a driver’s medical holders, the Agency reviews the driving Holidays. certification. records from the State Driver’s

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Licensing Agency (SDLA). These factors the employer for retention in the to cause loss of consciousness or any provide an adequate basis for predicting driver’s qualification file, or keep a copy loss of ability to control a CMV.’’ The each driver’s ability to continue to of his/her driver’s qualification file if exemptions enable these individuals safely operate a CMV in interstate he/she is self-employed. The driver who have had one or more seizures and commerce. Therefore, FMCSA must also have a copy of the exemption are taking anti-seizure medication to concludes that extending the exemption when driving, for presentation to a duly continue to operate CMVs in interstate for each renewal applicant for a period authorized Federal, State, or local commerce. of two years is likely to achieve a level enforcement official. The exemption DATES: Each group of renewed of safety equal to that existing without will be rescinded if: (1) The person fails exemptions were applicable on the the exemption. to comply with the terms and dates stated in the discussions below In accordance with 49 U.S.C. 31136(e) conditions of the exemption; (2) the and will expire on the dates stated in and 31315, the following groups of exemption has resulted in a lower level the discussions below. Comments must drivers received renewed exemptions in of safety than was maintained before it be received on or before September 14, the month of July and are discussed was granted; or (3) continuation of the 2018. below: exemption would not be consistent with ADDRESSES: You may submit comments As of July 5, 2018, and in accordance the goals and objectives of 49 U.S.C. bearing the Federal Docket Management with 49 U.S.C. 31136(e) and 31315, the 31136(e) and 31315. System (FDMS) Docket Nos. FMCSA– following individual has satisfied the 2011–0389; FMCSA–2012–0294; renewal conditions for obtaining an V. Preemption FMCSA–2013–0109; FMCSA–2013– exemption from the epilepsy and During the period the exemption is in 0442; FMCSA–2014–0380; FMCSA seizure disorders prohibition in the effect, no State shall enforce any law or 2015–0321 using any of the following FMCSRs for interstate CMV drivers: regulation that conflicts with this methods: Brian Checkley, Jr. (NJ). exemption with respect to a person • Federal eRulemaking Portal: Go to This driver was included in docket operating under the exemption. number FMCSA–2015–0321. His http://www.regulations.gov. Follow the exemption is applicable as of July 5, VI. Conclusion online instructions for submitting comments. 2018, and will expire on July 5, 2020. Based upon its evaluation of the four • As of July 8, 2018, and in accordance exemption applications, FMCSA renews Mail: Docket Management Facility; with 49 U.S.C. 31136(e) and 31315, the the exemptions of the aforementioned U.S. Department of Transportation, 1200 following two individuals have satisfied drivers from the epilepsy and seizure New Jersey Avenue SE, West Building the renewal conditions for obtaining an disorders prohibition in 49 CFR Ground Floor, Room W12–140, Washington, DC 20590–0001. exemption from the epilepsy and 391.41(b)(8). In accordance with 49 • seizure disorders prohibition in the U.S.C. 31136(e) and 31315, each Hand Delivery: West Building FMCSRs for interstate CMV drivers: exemption will be valid for two years Ground Floor, Room W12–140, 1200 Samuel Beverly (VA) and Michael unless revoked earlier by FMCSA. New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Duprey (CT). Issued on: August 8, 2018. The drivers were included in docket Monday through Friday, except Federal Larry W. Minor, numbers FMCSA 2012–0294 and Holidays. • FMCSA–2013–0442. Their exemptions Associate Administrator for Policy. Fax: 1–202–493–2251. are applicable as of July 8, 2018, and [FR Doc. 2018–17569 Filed 8–14–18; 8:45 am] Instructions: Each submission must will expire on July 8, 2020. BILLING CODE 4910–EX–P include the Agency name and the As of July 14, 2018, and in accordance docket number(s) for this notice. Note with 49 U.S.C. 31136(e) and 31315, the that all comments received will be following individual has satisfied the DEPARTMENT OF TRANSPORTATION posted without change to http:// renewal conditions for obtaining an www.regulations.gov, including any Federal Motor Carrier Safety exemption from the epilepsy and personal information provided. Please Administration seizure disorders prohibition in the see the Privacy Act heading below for FMCSRs for interstate CMV drivers: [Docket No. FMCSA–2011–0389; FMCSA– further information. Ronald Blount (GA). 2012–0294; FMCSA–2013–0109; FMCSA– Docket: For access to the docket to This driver was included in docket 2013–0442; FMCSA–2014–0380; FMCSA read background documents or number FMCSA–2013–0445. His 2015–0321] comments, go to http:// exemption is applicable as of July 14, www.regulations.gov at any time or Qualification of Drivers; Exemption 2018, and will expire on July 14, 2020. Room W12–140 on the ground level of Applications; Epilepsy and Seizure the West Building, 1200 New Jersey IV. Conditions and Requirements Disorders Avenue SE, Washington, DC, between 9 The exemptions are extended subject AGENCY: Federal Motor Carrier Safety a.m. and 5 p.m., e.t., Monday through to the following conditions: (1) Each Administration (FMCSA), DOT. Friday, except Federal holidays. The driver must remain seizure-free and ACTION: Notice of renewal of FDMS is available 24 hours each day maintain a stable treatment during the exemptions; request for comments. e.t., 365 days each year. If you want two-year exemption period; (2) each acknowledgment that we received your driver must submit annual reports from SUMMARY: FMCSA announces its comments, please include a self- their treating physicians attesting to the decision to renew exemptions for 20 addressed, stamped envelope or stability of treatment and that the driver individuals from the requirement in the postcard or print the acknowledgement has remained seizure-free; (3) each Federal Motor Carrier Safety page that appears after submitting driver must undergo an annual medical Regulations (FMCSRs) that interstate comments online. examination by a certified Medical commercial motor vehicle (CMV) Privacy Act: In accordance with 5 Examiner, as defined by 49 CFR 390.5; drivers have ‘‘no established medical U.S.C. 553(c), DOT solicits comments and (4) each driver must provide a copy history or clinical diagnosis of epilepsy from the public to better inform its of the annual medical certification to or any other condition which is likely rulemaking process. DOT posts these

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comments, without edit, including any II. Request for Comments are applicable as of April 8, 2018, and personal information the commenter Interested parties or organizations will expire on April 8, 2020. provides, to http://www.regulations.gov, possessing information that would As of April 11, 2018, and in as described in the system of records otherwise show that any, or all, of these accordance with 49 U.S.C. 31136(e) and notice (DOT/ALL–14 FDMS), which can drivers are not currently achieving the 31315, the following 12 individuals be reviewed at http://www.dot.gov/ statutory level of safety should have satisfied the renewal conditions for privacy. immediately notify FMCSA. The obtaining an exemption from the epilepsy and seizure disorders FOR FURTHER INFORMATION CONTACT: Ms. Agency will evaluate any adverse evidence submitted and, if safety is prohibition in the FMCSRs for interstate Christine A. Hydock, Chief, Medical CMV drivers: Programs Division, 202–366–4001, being compromised or if continuation of the exemption would not be consistent Robert P. Brackett (ME) [email protected], FMCSA, Kelly L. Frederick (LA) Department of Transportation, 1200 with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will Scott W. Gessner (PA) New Jersey Avenue SE, Room W64–224, Jerry L. Henderson (IN) Washington, DC 20590–0001. Office take immediate steps to revoke the exemption of a driver. Preston R. Kanagy (TN) hours are from 8:30 a.m. to 5 p.m., e.t., Scott A. Lowe (MA) Monday through Friday, except Federal III. Basis for Renewing Exemptions Steven D. Shirley (UT) holidays. If you have questions In accordance with 49 U.S.C. 31136(e) Matthew J. Staley (CO) regarding viewing or submitting and 31315, each of the 20 applicants has Mohammad S. Warrad (IA) material to the docket, contact Docket satisfied the renewal conditions for Richard J. Wenner (MN) Services, telephone (202) 366–9826. obtaining an exemption from the John C. Wolfe (PA) SUPPLEMENTARY INFORMATION: epilepsy and seizure disorders Dennis R. Zayic (MN) prohibition. The 20 drivers in this The drivers were included in docket I. Background notice remain in good standing with the number FMCSA–2015–0321. Their Under 49 U.S.C. 31136(e) and 31315, Agency, have maintained their medical exemptions are applicable as of April FMCSA may grant an exemption for five monitoring and have not exhibited any 11, 2018, and will expire on April 11, years if it finds ‘‘such exemption would medical issues that would compromise 2020. likely achieve a level of safety that is their ability to safely operate a CMV As of April 23, 2018, and in equivalent to or greater than the level during the previous two-year exemption accordance with 49 U.S.C. 31136(e) and that would be achieved absent such period. In addition, for Commercial 31315, the following four individuals exemption.’’ The statute also allows the Driver’s License (CDL) holders, the have satisfied the renewal conditions for Agency to renew exemptions at the end Commercial Driver’s License obtaining an exemption from the of the five-year period. FMCSA grants Information System (CDLIS) and the epilepsy and seizure disorders exemptions from the FMCSRs for a two- Motor Carrier Management Information prohibition in the FMCSRs for interstate year period to align with the maximum System (MCMIS) are searched for crash CMV drivers: duration of a driver’s medical and violation data. For non-CDL Raymond Lobo (NJ) certification. holders, the Agency reviews the driving Randy L. Pinto (PA) records from the State Driver’s James M. Spece (PA) The physical qualification standard Licensing Agency (SDLA). These factors Joseph A. Thomas (MD) for drivers regarding epilepsy found in provide an adequate basis for predicting 49 CFR 391.41(b)(8) states that a person The drivers were included in docket each driver’s ability to continue to is physically qualified to drive a CMV number FMCSA–2013–0442. Their safely operate a CMV in interstate if that person has no established exemptions are applicable as of April commerce. Therefore, FMCSA medical history or clinical diagnosis of 23, 2018, and will expire on April 23, concludes that extending the exemption epilepsy or any other condition which 2020. for each renewal applicant for a period is likely to cause the loss of of two years is likely to achieve a level IV. Conditions and Requirements consciousness or any loss of ability to of safety equal to that existing without control a CMV. The exemptions are extended subject the exemption. to the following conditions: (1) Each In addition to the regulations, FMCSA In accordance with 49 U.S.C. 31136(e) driver must remain seizure-free and has published advisory criteria to assist and 31315, the following groups of maintain a stable treatment during the Medical Examiners in determining drivers received renewed exemptions in two-year exemption period; (2) each whether drivers with certain medical the month of April and are discussed driver must submit annual reports from conditions are qualified to operate a below: their treating physicians attesting to the CMV in interstate commerce. [49 CFR As of April 8, 2018, and in accordance stability of treatment and that the driver part 391, APPENDIX A TO PART 391— with 49 U.S.C. 31136(e) and 31315, the has remained seizure-free; (3) each MEDICAL ADVISORY CRITERIA, following four individuals have satisfied driver must undergo an annual medical section H. Epilepsy: § 391.41(b)(8), the renewal conditions for obtaining an examination by a certified Medical paragraphs 3, 4, and 5.] exemption from the epilepsy and Examiner, as defined by 49 CFR 390.5; The 20 individuals listed in this seizure disorders prohibition in the and (4) each driver must provide a copy notice have requested renewal of their FMCSRs for interstate CMV drivers: of the annual medical certification to exemptions from the epilepsy and Jeffrey F. Ballweg (WI) the employer for retention in the seizure disorders prohibition in 49 CFR Harold J. Durkee (WI) driver’s qualification file, or keep a copy 391.41(b)(8), in accordance with Michael C. Ranalli (PA) of his/her driver’s qualification file if FMCSA procedures. Accordingly, Lonnie M. Rieker (IL) he/she is self-employed. The driver FMCSA has evaluated these The drivers were included in docket must also have a copy of the exemption applications for renewal on their merits numbers FMCSA–2011–0389; FMCSA– when driving, for presentation to a duly and decided to extend each exemption 2012–0294; FMCSA–2013–0109; authorized Federal, State, or local for a renewable two-year period. FMCSA–2014–0380. Their exemptions enforcement official. The exemption

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will be rescinded if: (1) The person fails Regulations (FMCSRs) for interstate greater than the level that would be to comply with the terms and commercial motor vehicle (CMV) achieved by complying with the current conditions of the exemption; (2) the drivers. The exemptions enable these regulation 49 CFR 391.41(b)(10). exemption has resulted in a lower level individuals to continue to operate CMVs The physical qualification standard of safety than was maintained before it in interstate commerce without meeting for drivers regarding vision found in 49 was granted; or (3) continuation of the the vision requirement in one eye. CFR 391.41(b)(10) states that a person is exemption would not be consistent with DATES: Each group of renewed physically qualified to driver a CMV if the goals and objectives of 49 U.S.C. exemptions were applicable on the that person has distant visual acuity of 31136(e) and 31315. dates stated in the discussions below at least 20/40 (Snellen) in each eye without corrective lenses or visual V. Preemption and will expire on the dates stated in the discussions below. acuity separately corrected to 20/40 During the period the exemption is in (Snellen) or better with corrective FOR FURTHER INFORMATION CONTACT: Ms. effect, no State shall enforce any law or lenses, distant binocular acuity of a least Christine A. Hydock, Chief, Medical regulation that conflicts with this 20/40 (Snellen) in both eyes with or Programs Division, 202–366–4001, exemption with respect to a person without corrective lenses, field of vision [email protected], FMCSA, operating under the exemption. of at least 70° in the horizontal meridian Department of Transportation, 1200 in each eye, and the ability to recognize VI. Conclusion New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices Based upon its evaluation of the 20 Washington, DC 20590–0001. Office showing red, green, and amber. exemption applications, FMCSA renews hours are from 8:30 a.m. to 5 p.m., e.t., the exemptions of the aforementioned Monday through Friday, except Federal III. Discussion of Comments drivers from the epilepsy and seizure holidays. If you have questions FMCSA received no comments in this disorders prohibition in 49 CFR 391.41 regarding viewing or submitting preceding. material to the docket, contact Docket (b)(8). In accordance with 49 U.S.C. IV. Conclusion 31136(e) and 31315, each exemption Services, telephone (202) 366–9826. will be valid for two years unless SUPPLEMENTARY INFORMATION: Based upon its evaluation of the 114 revoked earlier by FMCSA. renewal exemption applications and I. Electronic Access comments received, FMCSA confirms Issued on: August 9, 2018. You may see all the comments online its’ decision to exempt the following Larry W. Minor, through the Federal Document drivers from the vision requirement in Associate Administrator for Policy. Management System (FDMS) at: http:// 49 CFR 391.41 (b)(10): [FR Doc. 2018–17566 Filed 8–14–18; 8:45 am] www.regulations.gov. In accordance with 49 U.S.C. 31136(e) BILLING CODE 4910–EX–P Docket: For access to the docket to and 31315, the following groups of read background documents or drivers received renewed exemptions in comments, go to http:// the month of July and are discussed DEPARTMENT OF TRANSPORTATION www.regulations.gov and/or Room below: W12–140 on the ground level of the As of July 8, 2018, and in accordance Federal Motor Carrier Safety West Building, 1200 New Jersey Avenue with 49 U.S.C. 31136(e) and 31315, the Administration SE, Washington, DC, between 9 a.m. and following 57 individuals have satisfied [Docket No. FMCSA–1998–4334; FMCSA– 5 p.m., e.t., Monday through Friday, the renewal conditions for obtaining an 1999–6156; FMCSA–2001–11426; FMCSA– except Federal holidays. exemption from the vision requirement 2003–16564; FMCSA–2005–22194; FMCSA– Privacy Act: In accordance with 5 in the FMCSRs for interstate CMV 2006–23773; FMCSA–2006–24015; FMCSA– U.S.C. 553(c), DOT solicits comments drivers (63 FR 66226; 64 FR 16517; 66 2006–24783; FMCSA–2007–0017; FMCSA– from the public to better inform its FR 41656; 68 FR 44837; 68 FR 74699; 2007–0071; FMCSA–2008–0021; FMCSA– 69 FR 10503; 70 FR 41811; 70 FR 57353; 2009–0011; FMCSA–2009–0086; FMCSA– rulemaking process. DOT posts these 2010–0050; FMCSA–2010–0082; FMCSA– comments, without edit, including any 70 FR 72689; 71 FR 6826; 71 FR 14566; 2011–0092; FMCSA–2011–0299; FMCSA– personal information the commenter 71 FR 16410; 71 FR 19602; 71 FR 30227; 2011–0366; FMCSA–2011–0379; FMCSA– provides, to http://www.regulations.gov, 72 FR 62896; 72 FR 67340; 73 FR 1395; 2012–0039; FMCSA–2012–0104; FMCSA– as described in the system of records 73 FR 6242; 73 FR 11989; 73 FR 15567; 2012–0106; FMCSA–2013–0029; FMCSA– notice (DOT/ALL–14 FDMS), which can 73 FR 16950; 73 FR 27014; 73 FR 27015; 2013–0165; FMCSA–2013–0166; FMCSA– be reviewed at http://www.dot.gov/ 74 FR 19267; 74 FR 28094; 74 FR 43221; 2013–0168; FMCSA–2013–0174; FMCSA– privacy. 74 FR 65845; 75 FR 9477; 75 FR 9480; 2014–0002; FMCSA–2014–0003; FMCSA– 75 FR 13653; 75 FR 14656; 75 FR 19674; 2014–0004; FMCSA–2014–0005; FMCSA– II. Background 2014–0006; FMCSA–2015–0056; FMCSA– 75 FR 20881; 75 FR 22176; 75 FR 27622; 2015–0070; FMCSA–2015–0350; FMCSA– On June 18, 2018, FMCSA published 75 FR 28682; 76 FR 25766; 76 FR 37885; 2015–0351; FMCSA–2016–0024; FMCSA– a notice announcing its decision to 76 FR 44652; 76 FR 53708; 76 FR 73769; 2016–0027; FMCSA–2016–0028; FMCSA– renew exemptions for 114 individuals 76 FR 78728; 77 FR 3547; 77 FR 5874; 2016–0029; FMCSA–2016–0347] from the vision requirement in 49 CFR 77 FR 13689; 77 FR 15184; 77 FR 17107; 391.41(b)(10) to operate a CMV in 77 FR 17108; 77 FR 17115; 77 FR 17117; Qualification of Drivers; Exemption interstate commerce and requested 77 FR 20879; 77 FR 23797; 77 FR 26816; Applications; Vision comments from the public (83 FR 77 FR 27847; 77 FR 27850; 77 FR 29447; AGENCY: Federal Motor Carrier Safety 28325). The public comment period 77 FR 31427; 77 FR 38386; 78 FR 34143; Administration (FMCSA), DOT. ended on July 18, 2018, and no 78 FR 47818; 78 FR 52602; 78 FR 62935; ACTION: Notice of final disposition. comments were received. 78 FR 63302; 78 FR 63307; 78 FR 76395; As stated in the previous notice, 78 FR 76704; 78 FR 76705; 78 FR 77780; SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility of 78 FR 78477; 79 FR 1908; 79 FR 2248; decision to renew exemptions for 114 these applicants and determined that 79 FR 10606; 79 FR 13085; 79 FR 14328; individuals from the vision requirement renewing these exemptions would 79 FR 14331; 79 FR 14333; 79 FR 14571; in the Federal Motor Carrier Safety achieve a level of safety equivalent to or 79 FR 17641; 79 FR 18391; 79 FR 18392;

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79 FR 21996; 79 FR 22003; 79 FR 23797; The drivers were included in docket exemptions are applicable as of July 19, 79 FR 27043; 79 FR 27681; 79 FR 28588; numbers FMCSA–1998–4334; FMCSA– 2018, and will expire on July 19, 2020. 79 FR 29495; 79 FR 29498; 79 FR 38649; 2003–16564; FMCSA–2005–22194; As of July 20, 2018, and in accordance 80 FR 59230; 80 FR 67476; 80 FR 67481; FMCSA–2006–23773; FMCSA–2006– with 49 U.S.C. 31136(e) and 31315, the 80 FR 80443; 81 FR 1284; 81 FR 1474; 24015; FMCSA–2007–0017; FMCSA– following nine individuals have 81 FR 14190; 81 FR 15401; 81 FR 15404; 2007–0071; FMCSA–2008–0021; satisfied the renewal conditions for 81 FR 17237; 81 FR 20433; 81 FR 20435; FMCSA–2009–0011; FMCSA–2009– obtaining an exemption from the vision 81 FR 21655; 81 FR 26305; 81 FR 28138; 0086; FMCSA–2010–0050; FMCSA– requirement in the FMCSRs for 81 FR 39100; 81 FR 48493; 81 FR 52516; 2011–0092; FMCSA–2011–0299; interstate CMV drivers (64 FR 54948; 65 81 FR 66718; 81 FR 66724; 81 FR 91239; FMCSA–2011–0366; FMCSA–2011– FR 159; 67 FR 10471; 67 FR 10475; 67 81 FR 96196): 0379; FMCSA–2012–0039; FMCSA– FR 19798; 68 FR 74699; 69 FR 8260; 69 Dean R. Allen (OR) 2012–0104; FMCSA–2013–0029; FR 10503; 69 FR 19611; 71 FR 6824; 71 Scott E. Ames (ME) FMCSA–2013–0165; FMCSA–2013– FR 6829; 71 FR 14567; 71 FR 26602; 71 Alan A. Andrews (NE) 0166; FMCSA–2013–0168; FMCSA– FR 30229; 71 FR 32183; 71 FR 41310; Marvin D. Bass (KY) 2013–0174; FMCSA–2014–0002; 73 FR 11989; 73 FR 27018; 73 FR 28187; Dwight A. Bennett (MD) FMCSA–2014–0003; FMCSA–2014– 73 FR 36955; 75 FR 36778; 75 FR 36779; Marvin J. Bensend, Jr. (MS) 0004; FMCSA–2014–0005; FMCSA– 77 FR 38384; 79 FR 35212; 79 FR 35218; Kolby Blackner (UT) 2015–0056; FMCSA–2015–0070; 79 FR 47175; 81 FR 90050; 81 FR Bobby R. Brooks (GA) FMCSA–2015–0350; FMCSA–2015– 96196): Levi A. Brown (MT) 0351; FMCSA–2016–0024; FMCSA– Daniel R. Franks (OH) William Bucaria, Jr. (FL) 2016–0027; FMCSA–2016–0347. Their Walter D. Hague, Jr. (VA) John A. Carroll, Jr. (AL) exemptions are applicable as of July 8, William G. Hix (AR) Juan Castanon (NM) 2018, and will expire on July 8, 2020. Larry L. Jarvis (VA) William C. Christy (FL) As of July 12, 2018, and in accordance Clarence H. Jacobsma (IN) Gerard J. Cormier (MA) with 49 U.S.C. 31136(e) and 31315, the Charles E. Johnston (MO) Michael T. Craddock (CA) following five individuals have satisfied William F. Mack (WA) Jon C. Dillon (MN) the renewal conditions for obtaining an Ronald M. Price (MD) Paul W. Fettig (SD) exemption from the vision requirement Alton M. Rutherford (FL) Hector O. Flores (MD) in the FMCSRs for interstate CMV The drivers were included in docket Brian R. Gallagher (TX) drivers (75 FR 9481; 75 FR 22178; 75 FR numbers FMCSA–1999–6156; FMCSA Horace N. Goss (TX) 25917; 75 FR 25918; 75 FR 39729; 77 FR 2001–11426; FMCSA 2003–16564; James B. Grega (PA) 36338; 79 FR 35220; 81 FR 81230; 81 FR FMCSA 2006–24015; FMCSA 2006– Todd C. Grider (IN) 96196): 24783; FMCSA 2014–0006. Their Jimmy G. Hall (NC) Clare H. Buxton (MI) exemptions are applicable as of July 20, Taras G. Hamilton (TX) Chadwick S. Chambers (AL) 2018, and will expire on July 20, 2020. Joshua G. Hansen (ID) Miguel H. Espinoza (CA) As of July 22, 2018, and in accordance Britt D. Hazelwood (IL) Ricky P. Hastings (TX) with 49 U.S.C. 31136(e) and 31315, the Lowell E. Jackson (MO) Leland B. Moss (VT) following 11 individuals have satisfied William D. Jackson (MN) The drivers were included in docket the renewal conditions for obtaining an Danny J. Johnson (MN) numbers FMCSA–2009–0011; FMCSA– exemption from the vision requirement Glenn K. Johnson, Jr. (NC) 2010–0082. Their exemptions are in the FMCSRs for interstate CMV Thomas M. Kaley (PA) applicable as of July 12, 2018, and will drivers (79 FR 35212; 79 FR 47175; 81 Allen J. Kunze (ND) expire on July 12, 2020. FR 96196): Kerry M. Leeper (WA) As of July 19, 2018, and in accordance Abdulahi Abukar (KY) Craig R. Martin (TX) with 49 U.S.C. 31136(e) and 31315, the Gregory K. Banister (SC) Ty N. Mason (PA) following 16 individuals have satisfied Amanuel W. Behon (WA) Thomas J. Mavraganis (IL) the renewal conditions for obtaining an Brian L. Elliott (MO) Eric M. Moats, Sr. (MD) exemption from the vision requirement Bradley C. Hansell (OR) Gary T. Murray (GA) in the FMCSRs for interstate CMV Samuel L. Klaphake (MN) Elmore Nicholson, Jr. (AL) drivers (81 FR 39320; 81 FR 66720): Timothy L. Klose (PA) Thomas G. Ohlson (NY) John P. Brooks (IL) Phillip E. Mason (MO) Michael Pace (TX) Ronald A. Donsbach (MT) Ruel W. Reed (IA) Raffaelo Petrillo (NJ) Pedro Guzman (TX) Loren Smith (SD) Barry L. Pylant (GA) Bradley C. Helsel (OR) Seth D. Sweeten (ID) Roy A. Quesada (PA) Darrell E. Hunter (NC) The drivers were included in docket Jamey D. Reed (OK) Kenneth B. Julian (OK) number FMCSA–2016–0006. Their Glennis R. Reynolds (KY) Keith Kebschull (IL) exemptions are applicable as of July 22, Jose H. Rivas (NM) Jeffrey N. Lake (IL) 2018, and will expire on July 22, 2020. Joe A. Root (MN) Jayme M. Leonard (VT) As of July 29, 2018, and in accordance Bobby W. Sanders (TN) James K. Matthey (PA) with 49 U.S.C. 31136(e) and 31315, the James S. Seeno (NV) Mario A. Quezada (TX) following ten individuals have satisfied Thomas W. Smith (PA) J. B. Rodriguez Mata (TX) the renewal conditions for obtaining an Harry Smith, Jr. (NC) Joseph Sais (NM) exemption from the vision requirement Greg W. Story (NC) Chad M. Smith (IA) in the FMCSRs for interstate CMV Elston L. Taylor (VA) Corey L. Spring (AR) drivers (81 FR 42054; 81 FR 66722): Michael J. Tisher (AK) James C. Wechsler (OR) Dudley G. Diebold (CT) Dwight Tullis (IL) The drivers were included in docket David L. Evers (MN) Richard W. Wylie (CT) number FMCSA–2016–0028. Their Raymond E. Hogue (PA)

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Michael E. Jones (IL) SUMMARY: FMCSA announces its of safety that would be obtained by Darius R. Law (FL) decision to deny applications from 39 complying with the regulation 49 CFR Robert C. Martin (WA) individuals who requested an 391.41(b)(8). Mark W. McTaggart (IL) exemption from the Federal Motor III. Basis for Exemption Determination Noel V. Munoz (NM) Carrier Safety Regulations (FMCSRs) Ivan Romero (IL) prohibiting persons with a clinical Under 49 U.S.C. 31136(e) and 31315, Steve A. Taylor (NC) diagnosis of epilepsy or any other FMCSA may grant an exemption for five The drivers were included in docket condition that is likely to cause a loss years if it finds such an exemption number FMCSA–2016–0029. Their of consciousness or any loss of ability to would likely achieve a level of safety exemptions are applicable as of July 29, operate a commercial motor vehicle that is equivalent to, or greater than, the 2018, and will expire on July 29, 2020. (CMV) from operating CMVs in level that would be achieved absent As of July 30, 2018, and in accordance interstate commerce. such an exemption. FMCSA grants with 49 U.S.C. 31136(e) and 31315, the exemptions from the FMCSRs for a two- following six individuals have satisfied FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical year period to align with the maximum the renewal conditions for obtaining an duration of a driver’s medical exemption from the vision requirement Programs Division, (202) 366–4001, [email protected], FMCSA, certification. in the FMCSRs for interstate CMV The Agency’s decision regarding these drivers (71 FR 32183; 71 FR 41310; 73 Department of Transportation, 1200 New Jersey Avenue SE, Room W64–224, exemption applications is based on the FR 36955; 75 FR 25917; 75 FR 36779; eligibility criteria, the terms and 75 FR 39729; 77 FR 33017; 77 FR 36338; Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., conditions for Federal exemptions, and 77 FR 38384; 77 FR 44708; 79 FR 37843; an individualized assessment of each 79 FR 38661; 81 FR 96196): Monday through Friday, except Federal holidays. If you have questions applicant’s medical information Lester M. Ellingson, Jr. (ND) regarding viewing or submitting provided by the applicant. Damon G. Gallardo (CA) Daniel L. Grover (KS) material to the docket, contact Docket IV. Conclusion Services, telephone (202) 366–9826. Larry A. Nienhuis (MI) The Agency has determined that these Gregory A. Reinert (MN) SUPPLEMENTARY INFORMATION: applicants do not satisfy the criteria Joseph B. Shaw, Jr. (VA) I. Electronic Access eligibility or meet the terms and The drivers were included in docket conditions of the Federal exemption and numbers FMCSA–2006–24783; You may see all the comments online granting these exemptions would not FMCSA–2010–0082; FCMSA–2012– through the Federal Document provide a level of safety that would be 0106. Their exemptions are applicable Management System (FDMS) at: http:// equivalent to or greater than, the level as of July 30, 2018, and will expire on www.regulations.gov. of safety that would be obtained by July 30, 2020. Docket: For access to the docket to complying with the regulation 49 CFR In accordance with 49 U.S.C. 31315, read background documents or 391.41(b)(8). Therefore, the 39 each exemption will be valid for two comments, go to http:// applicants in this notice have been years from the effective date unless www.regulations.gov and/or Room denied exemptions from the physical revoked earlier by FMCSA. The W12–140 on the ground level of the qualification standards in 49 CFR exemption will be revoked if the West Building, 1200 New Jersey Avenue 391.41(b)(8). following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and Each applicant has, prior to this comply with the terms and conditions 5 p.m., e.t., Monday through Friday, notice, received a letter of final of the exemption; (2) the exemption has except Federal holidays. disposition regarding his/her exemption resulted in a lower level of safety than Privacy Act: In accordance with 5 request. Those decision letters fully was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments outlined the basis for the denial and or (3) continuation of the exemption from the public to better inform its constitutes final action by the Agency. would not be consistent with the goals rulemaking process. DOT posts these This notice summarizes the Agency’s and objectives of 49 U.S.C. 31136 and comments, without edit, including any recent denials as required under 49 31315. personal information the commenter U.S.C. 31315(b)(4) by periodically provides, to http://www.regulations.gov, Issued on: August 8, 2018. publishing names and reasons for as described in the system of records denial. Larry W. Minor, notice (DOT/ALL–14 FDMS), which can Associate Administrator for Policy. The following 35 applicants do not be reviewed at http://www.dot.gov/ meet the minimum time requirement for [FR Doc. 2018–17594 Filed 8–14–18; 8:45 am] privacy. being seizure-free, either on or off of BILLING CODE 4910–EX–P II. Background anti-seizure medication: FMCSA received applications from 39 David M. Allyn (CT) Daniel Bailey (NY) DEPARTMENT OF TRANSPORTATION individuals who requested an Tiffany Banks (NV) exemption from the FMCSRs Federal Motor Carrier Safety Lorenzo Barber (IL) prohibiting persons with a clinical Administration Richard Benjamin (AL) diagnosis of epilepsy or any other Edward Blankenstein II (PA) [Docket No. FMCSA–2018–0555] condition that is likely to cause a loss Charles Border (NM) of consciousness or any loss of ability to Andrew Browder (AL) Qualification of Drivers; Exemption operate a CMV from operating CMVs in Pietro Capobianco (NJ) Applications; Epilepsy and Seizure interstate commerce. Jon Cole (ID) Disorders FMCSA has evaluated the eligibility Michael Cole (NJ) AGENCY: Federal Motor Carrier Safety of these applicants and concluded that Charles Cournoyer (MA) Administration (FMCSA), DOT. granting these exemptions would not Ryan Daws (MN) provide a level of safety that would be Shawn Durbin (UT) ACTION: Notice of denials. equivalent to or greater than, the level William Everett (OH)

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Taxhidin Ferati (WI) Monday through Friday, except Federal Mick Torok from N.A.T. Terry Friedrichs (MN) holidays. If you have questions Transportation, Inc. stated that he has Adam Fyle (NC) regarding viewing or submitting no objections to granting a diabetes Keith Hubbard (WV) material to the docket, contact Docket exemption to Zachary Fairbanks. Thomas R. James (MN) Services, telephone (202) 366–9826. IV. Basis for Exemption Determination Kevin Jandreau (ME) SUPPLEMENTARY INFORMATION: David Johnston (MN) Under 49 U.S.C. 31136(e) and 31315, Douglas Kelbley (OH) I. Electronic Access FMCSA may grant an exemption from Timothy T. Leonard (CA) You may see all the comments online the diabetes standard in 49 CFR Steven W. Massman (MN) through the Federal Document 391.41(b)(3) if the exemption is likely to Kevin Mathis (NJ) achieve an equivalent or greater level of Management System (FDMS) at: http:// John McGhee (ND) safety than would be achieved without www.regulations.gov. Brian Nelson (MO) the exemption. The exemption allows Docket: For access to the docket to Raymond Phillips (FL) the applicants to operate CMVs in read background documents or Timothy Picot (MD) interstate commerce. Luis Tirado (PA) comments, go to http:// The Agency’s decision regarding these William E. Turner (VA) www.regulations.gov and/or Room exemption applications is based on the Blaine T. Weinsensel (WI) W12–140 on the ground level of the program eligibility criteria and an Jeffrey J. Werner (WI) West Building, 1200 New Jersey Avenue individualized assessment of Scott Wesner (WI) SE, Washington, DC, between 9 a.m. and information submitted by each 5 p.m., e.t., Monday through Friday, The following four applicants do not applicant. The qualifications, except Federal holidays. meet the minimum time requirement for experience, and medical condition of a stable anti-seizure medication dosage: Privacy Act: In accordance with 5 each applicant were stated and U.S.C. 553(c), DOT solicits comments discussed in detail in the June 18, 2018, Steven L. Amell, Sr. (VT) from the public to better inform its Thomas H. Lee (VA) Federal Register notice (83 FR 28310) rulemaking process. DOT posts these and will not be repeated in this notice. Gregory Long (CT) comments, without edit, including any Christopher Phillips (PA) These 53 applicants have had ITDM personal information the commenter over a range of 1 to 34 years. These Issued on: August 8, 2018. provides, to http://www.regulations.gov, applicants report no severe Larry W. Minor, as described in the system of records hypoglycemic reactions resulting in loss Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can of consciousness or seizure, requiring [FR Doc. 2018–17565 Filed 8–14–18; 8:45 am] be reviewed at http://www.dot.gov/ the assistance of another person, or BILLING CODE 4910–EX–P privacy. resulting in impaired cognitive function II. Background that occurred without warning symptoms, in the past 12 months and no DEPARTMENT OF TRANSPORTATION On June 18, 2018, FMCSA published recurrent (two or more) severe a notice announcing receipt of hypoglycemic episodes in the past five Federal Motor Carrier Safety applications from 53 individuals years. In each case, an endocrinologist Administration requesting an exemption from diabetes verified that the driver has [Docket No. FMCSA–2018–0031] requirement in 49 CFR 391.41(b)(3) and demonstrated a willingness to properly requested comments from the public (83 monitor and manage his/her diabetes Qualification of Drivers; Exemption FR 28310). The public comment period mellitus, received education related to Applications; Diabetes Mellitus ended on July 18, 2018, and two diabetes management, and is on a stable comments were received. insulin regimen. These drivers report no AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility other disqualifying conditions, Administration (FMCSA), DOT. of these applicants and determined that including diabetes related ACTION: Notice of final disposition. granting the exemptions to these complications. Each meets the vision individuals would achieve a level of requirement at 49 CFR 391.41(b)(10). SUMMARY: FMCSA announces its safety equivalent to or greater than the decision to exempt 53 individuals from Consequently, FMCSA finds that in level that would be achieved by each case exempting these applicants the prohibition in the Federal Motor complying with the current regulation Carrier Safety Regulations (FMCSRs) from the diabetes requirement in 49 CFR 49 CFR 391.41(b)(3). 391.41(b)(3) is likely to achieve a level against persons with insulin-treated The physical qualification standard diabetes mellitus (ITDM) from operating of safety equal to that existing without for drivers regarding diabetes found in the exemption. a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person interstate commerce. The exemptions is physically qualified to drive a CMV V. Conditions and Requirements enable these individuals with ITDM to if that person has no established The terms and conditions of the operate CMVs in interstate commerce. medical history or clinical diagnosis of exemption are provided to the DATES: The exemptions were applicable diabetes mellitus currently requiring applicants in the exemption document on July 19, 2018. The exemptions expire insulin for control. and includes the following: (1) Each on July 19, 2020. driver must submit a quarterly III. Discussion of Comments FOR FURTHER INFORMATION CONTACT: Ms. monitoring checklist completed by the Christine A. Hydock, Chief, Medical FMCSA received two comments in treating endocrinologist as well as an Programs Division, (202) 366–4001, this proceeding. Vicky Johnson from the annual checklist with a comprehensive [email protected], FMCSA, Minnesota Department of Public Safety medical evaluation; (2) each driver must Department of Transportation, 1200 stated that Minnesota has no objections report within two business days of New Jersey Avenue SE, Room W64–224, to granting diabetes exemptions to occurrence, all episodes of severe Washington, DC 20590–0001. Office Bobby R. Isaacson, and Heath A. hypoglycemia, significant hours are from 8:30 a.m. to 5 p.m., e.t., Woodiwiss. complications, or inability to manage

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diabetes; also, any involvement in an Blake T. Pinkston (IN) Department of Transportation, 1200 accident or any other adverse event in Dustin C. Riley (NY) New Jersey Avenue SE, Room W64–224, a CMV or personal vehicle, whether or Wes D. Rodrigue (NH) Washington, DC 20590–0001. Office not it is related to an episode of Jonathan C. Shultz (IA) hours are from 8:30 a.m. to 5 p.m., e.t., hypoglycemia; (3) each driver must Michael P. Scott (SC) Monday through Friday, except Federal provide a copy of the ophthalmologist’s Patrick E. Sevier (IA) holidays. If you have questions or optometrist’s report to the Medical Keith O. Shaw, Sr. (IL) regarding viewing or submitting Examiner at the time of the annual Rosalie A. Silva (CA) material to the docket, contact Docket medical examination; and (4) each James R. Sizemore (VA) Services, telephone (202) 366–9826. driver must provide a copy of the David A. Stedford (CT) SUPPLEMENTARY INFORMATION: annual medical certification to the Geraldine St-Germain (NJ) I. Electronic Access employer for retention in the driver’s Theodore F. Stuard II (IN) qualification file, or keeping a copy in Richard J. Taylor (IL) You may see all the comments online his/her driver’s qualification file if he/ Chris A. Voelker (IA) through the Federal Document she is self-employed. The driver must Benjamin B. Webb (NC) Management System (FDMS) at: http:// also have a copy of the exemption when Donnie E. Winters (MS) www.regulations.gov. driving, for presentation to a duly Heath A. Woodiwiss (MN) Docket: For access to the docket to authorized Federal, State, or local Anthony K. Zelinsky (NJ) read background documents or enforcement official. In accordance with 49 U.S.C. 31136(e) comments, go to http:// and 31315, each exemption will be valid www.regulations.gov and/or Room VI. Preemption for two years from the effective date W12–140 on the ground level of the During the period the exemption is in unless revoked earlier by FMCSA. The West Building, 1200 New Jersey Avenue effect, no State shall enforce any law or exemption will be revoked if the SE, Washington, DC, between 9 a.m. and regulation that conflicts with this following occurs: (1) The person fails to 5 p.m., e.t., Monday through Friday, exemption with respect to a person comply with the terms and conditions except Federal holidays. operating under the exemption. of the exemption; (2) the exemption has Privacy Act: In accordance with 5 resulted in a lower level of safety than U.S.C. 553(c), DOT solicits comments VII. Conclusion was maintained prior to being granted; from the public to better inform its Based upon its evaluation of the 53 or (3) continuation of the exemption rulemaking process. DOT posts these exemption applications, FMCSA would not be consistent with the goals comments, without edit, including any exempts the following drivers from the and objectives of 49 U.S.C. 31136(e) and personal information the commenter diabetes requirement in 49 CFR 31315. provides, to http://www.regulations.gov, as described in the system of records 391.41(b)(10), subject to the Issued on: August 8, 2018. requirements cited above: notice (DOT/ALL–14 FDMS), which can Larry W. Minor, be reviewed at http://www.dot.gov/ Jason M. Abbott (OH) Associate Administrator for Policy. Casey L. Alt (CO) privacy. [FR Doc. 2018–17592 Filed 8–14–18; 8:45 am] Joseph E. Beach (OH) II. Background Eli A. Berkowitz (NJ) BILLING CODE 4910–EX–P Todd O. Blackwell (ID) On May 29, 2018 FMCSA published Joel H. Blancett, Jr. (NM) a notice announcing receipt of DEPARTMENT OF TRANSPORTATION Robert H. Blowers (OH) applications from 30 individuals David R. Booth (CT) requesting an exemption from the Federal Motor Carrier Safety hearing requirement in 49 CFR Travis W. Bradford (KY) Administration Darrel L. Burke (SD) 391.41(b)(11) to operate a CMV in Bryan D. Cash (MI) [Docket No. FMCSA–2017–0060] interstate commerce and requested Marty A. Collins (OK) comments from the public (83 FR Gino R. Couch (IN) Qualification of Drivers; Exemption 24552). The public comment period James D. Denison (IA) Applications; Hearing ended on June 28, 2018, and one David L. Derossett, Jr. (IN) comment was received. AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility John L. Enterkin (IN) Administration (FMCSA), DOT. William H. Ervin (NC) of these applicants and determined that ACTION: Scot A. Etgen (OH) Notice of final disposition. granting exemptions to these individuals would achieve a level of Zachary D. Fairbanks (OH) SUMMARY: FMCSA announces its Ward W. Genzel (MT) safety equivalent to or greater than the decision to exempt 30 individuals from level that would be achieved by Kasey D. Green (CA) the hearing requirement in the Federal Justin A. Hamic (AL) complying with the current regulation Motor Carrier Safety Regulations 49 CFR 391.41(b)(11). Philip F. Headington (IA) (FMCSRs) to operate a commercial Jason A. Hendrickson (WA) The physical qualification standard motor vehicle (CMV) in interstate for drivers regarding hearing found in Bobby R. Isaacson (MN) commerce. The exemptions enable these John W. Johnson (FL) 49 CFR 391.41(b)(11) states that a hard of hearing and deaf individuals to Douglas E. Kanesky, Jr. (AZ) person is physically qualified to drive a operate CMVs in interstate commerce. William D. Kincaid, Jr. (MA) CMV if that person first perceives a David W. Koch (PA) DATES: The exemptions were applicable forced whispered voice in the better ear Christopher N. Lacy (WV) on June 30, 2018. The exemptions at not less than 5 feet with or without John G. Lopez (TX) expire on June 30, 2020. the use of a hearing aid or, if tested by David E. Marvin (IA) FOR FURTHER INFORMATION CONTACT: Ms. use of an audiometric device, does not Bruce R. McDaniel (OK) Christine A. Hydock, Chief, Medical have an average hearing loss in the Edward A. Oikemus, Jr. (MD) Programs Division, (202) 366–4001, better ear greater than 40 decibels at 500 Tony L. Pennywell (FL) [email protected], FMCSA, Hz, 1,000 Hz, and 2,000 Hz with or

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without a hearing aid when the exemption have demonstrated that they Pamela Singleton (TX) audiometric device is calibrated to do not pose a risk to public safety. Robert W. Slate (NM) American National Standard (formerly Consequently, FMCSA finds that in Willine D. Smith (GA) ASA Standard) Z24.5—1951. each case exempting these applicants Michael R. Tayman (ME) 49 CFR 391.41(b)(11) was adopted in from the hearing standard in 49 CFR Jason R. Winemiller (IL) 1970, with a revision in 1971 to allow 391.41(b)(11) is likely to achieve a level In accordance with 49 U.S.C. 31315, drivers to be qualified under this of safety equal to that existing without each exemption will be valid for two standard while wearing a hearing aid, the exemption. years from the effective date unless revoked earlier by FMCSA. The 35 FR 6458, 6463 (April 22, 1970) and IV. Conditions and Requirements 36 FR 12857 (July 3, 1971). exemption will be revoked if the The terms and conditions of the following occurs: (1) The person fails to III. Discussion of Comments exemption are provided to the comply with the terms and conditions FMCSA received one comment in this applicants in the exemption document of the exemption; (2) the exemption has proceeding. Vicky Johnson, of the and includes the following: (1) Each resulted in a lower level of safety than Minnesota Department of Safety wrote driver must report any crashes or was maintained prior to being granted; that the Minnesota Department of Safety accidents as defined in 49 CFR 390.5; or (3) continuation of the exemption has no objections to Gary T. Nagel (2) each driver must report all citations would not be consistent with the goals obtaining a hearing exemption. and convictions for disqualifying and objectives of 49 U.S.C. 31136 and offenses under 49 CFR part 383 and 49 31315. Basis for Exemption Determination CFR 391 to FMCSA; and (3) each driver Issued on: August 9, 2018 Under 49 U.S.C. 31136(e) and is prohibited from operating a motorcoach or bus with passengers in Larry W. Minor, 31315(b), FMCSA may grant an Associate Administrator for Policy. exemption from the hearing standard in interstate commerce. The driver must 49 CFR 391.41(b)(11) if the exemption is also have a copy of the exemption when [FR Doc. 2018–17607 Filed 8–14–18; 8:45 am] likely to achieve an equivalent or greater driving, for presentation to a duly BILLING CODE 4910–EX–P level of safety than would be achieved authorized Federal, State, or local enforcement official. In addition, the without the exemption. The exemption DEPARTMENT OF TRANSPORTATION allows the applicants to operate CMVs exemption does not exempt the individual from meeting the applicable in interstate commerce. Federal Motor Carrier Safety CDL testing requirements. The Agency’s decision regarding these Administration exemption applications is based on V. Preemption current medical information and [Docket No. FMCSA–2018–0016] During the period the exemption is in literature, and the 2008 Evidence effect, no State shall enforce any law or Qualification of Drivers; Exemption Report, ‘‘Executive Summary on regulation that conflicts with this Applications; Vision Hearing, Vestibular Function and exemption with respect to a person Commercial Motor Driving Safety.’’ The AGENCY: Federal Motor Carrier Safety operating under the exemption. evidence report reached two Administration (FMCSA), DOT. conclusions regarding the matter of VI. Conclusion ACTION: Notice of denials. hearing loss and CMV driver safety: (1) Based upon its evaluation of the 30 No studies that examined the SUMMARY: FMCSA announces its exemption applications, FMCSA decision to deny applications from 110 relationship between hearing loss and exempts the following drivers from the crash risk exclusively among CMV individuals who requested an hearing standard, 49 CFR 391.41(b)(11), exemption from the vision standard in drivers were identified; and (2) evidence subject to the requirements cited above: from studies of the private driver’s the Federal Motor Carrier Safety Alan M. Bridgeford (NV) license holder population does not Regulations (FMCSRs) to operate a CMV Mataio Brown (MS) support the contention that individuals in interstate commerce. Leroy Carter (OH) with hearing impairment are at an FOR FURTHER INFORMATION CONTACT: Ms. Robert M. Cates (NM) increased risk for a crash. In addition, Rocky R. Chin (WA) Christine A. Hydock, Chief, Medical the Agency reviewed each applicant’s Ralph E. Craig (IL) Programs Division, (202) 366–4001, driving record found in the Commercial Cesar DeLeon (TX) [email protected], FMCSA, Driver’s License Information System Brody DiPasquale (MD) Department of Transportation, 1200 (CDLIS), for commercial driver’s license Edward J. Duhon (AL) New Jersey Avenue SE, Room W64–224, (CDL) holders, and inspections recorded Lyle Eash (OH) Washington, DC 20590–0001. Office in the Motor Carrier Management Richard R. Fisher (PA) hours are from 8:30 a.m. to 5 p.m., e.t., Information System (MCMIS). For non- Kinberly I. Foss (CA) Monday through Friday, except Federal CDL holders, the Agency reviewed the Bradley Ledford (TN) holidays. driving records from the State Driver’s Dustin McFadden (TX) SUPPLEMENTARY INFORMATION: Licensing Agency (SDLA). Each Francisco M. Mendoza (CA) I. Electronic Access applicant’s record demonstrated a safe Jack W. Mitchell (TX) driving history. Based on an individual Eugene Mostepan (CA) You may see all the comments online assessment of each applicant that Steven Moorehead (OH) through the Federal Document focused on whether an equal or greater Gary T. Nagel (MN) Management System (FDMS) at: http:// level of safety is likely to be achieved by Marcel Paul (WA) www.regulations.gov. permitting each of these drivers to drive Dexter E. Perez (WI) Docket: For access to the docket to in interstate commerce as opposed to Connie Ralston (GA) read background documents or restricting him or her to driving in Noble D. Reed (TX) comments, go to http:// intrastate commerce, the Agency Kurt Sanders (VA) www.regulations.gov and/or Room believes the drivers granted this David L. Schibilla (IL) W12–140 on the ground level of the

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West Building, 1200 New Jersey Avenue U.S.C. 31315(b)(4) by periodically Dennis E. Sanches (CO) SE, Washington, DC, between 9 a.m. and publishing names and reasons for Alexander P. Scardino (NY) 5 p.m., e.t., Monday through Friday, denial. Jeffrey A. See (FL) except Federal holidays. The following six applicants did not Don J. Smith (VA) Privacy Act: In accordance with 5 have sufficient driving experience over Terry L. Stanger (IL) U.S.C. 553(c), DOT solicits comments the past three years under normal Robert B. Sundvor (ND) from the public to better inform its highway operating conditions: Leonard H. Wesselman (IL) rulemaking process. DOT posts these Emma D. Hyde Howe (WA) Tommy A. Williamson (OK) comments, without edit, including any Wallace T. Kraus (IN) Ananias E. Yoder (IA) personal information the commenter Luis M. Perez-Francisco (NJ) The following 14 applicants did not provides, to http://www.regulations.gov, Darrell Potteiger (PA) have three years of recent experience as described in the system of records Jeffrey J. Winter (KS) driving a CMV on public highways with notice (DOT/ALL–14 FDMS), which can Scott E. Zinn (CA) their vision deficiencies: be reviewed at http://www.dot.gov/ The following 35 applicants had no David G. April (NH) privacy. experience operating a CMV: Jason W. Beer (NE) II. Background Eurico F. Barbosa (MA) David L. Dellinger (IN) FMCSA received applications from Michael A. Barone (TX) John D. Flatten (MN) 110 individuals who requested an Celine Burgos (NJ) Armand P. Fortier (NH) exemption from the vision standard in Geovanny J. Cano-Cruz (NJ) Jeri P. Hollingsworth (ND) the FMCSRs. Luis Cardona (CA) Suad Jukic (NY) FMCSA has evaluated the eligibility Eduardo Carrasco (AZ) Jimmy R. Kite (TN) of these applicants and concluded that Nelson D. Carvalho (TX) William J. Mason (AR) granting these exemptions would not Sergio Chavez-Nunez (IL) Akbar H. Mokhtarani (ID) provide a level of safety that would be Jeffrey M. Colson (NY) Scott A. Murphy (PA) equivalent to or greater than, the level Hunter W. Cook (MS) Asa R. Sessions (WI) James F. Duffy (NJ) of safety that would be obtained by Stephen C. Stenberg (NY) Michael S. Engel (CO) complying with the regulation 49 CFR Blair D. Tunell (DE) David W. Frieze (MN) 391.41(b)(10). The following seven applicants did Christopher D. Gilbert (ND) not have sufficient driving experience III. Basis for Exemption Determination Jose S. Hernandez (TX) over the past three years under normal Jesse J. James (MI) Under 49 U.S.C.31136(e) and 31315, highway operating conditions (gaps in Tammy L. Loran (ND) FMCSA may grant an exemption if it driving record): Jonathan B. Lovette (TN) finds such an exemption would likely Wayne O. Campbell (FL) achieve a level of safety that is Russell T. Meyers (OH) Giedrius Morkunas (IL) James P. Flaherty (KY) equivalent to, or greater then, the level Aaron L. Knoblock (TX) that would be achieved absent such an Michael D. Narveson (MN) Jose L. Olvera-Hernandez (PA) Ronald M. Lytle (PA) exemption. Chad O’Brien (MN) The Agency’s decision regarding these Mohammed A. Omer (MN) Timothy L. Porter (AL) Reginald Smart (TX) exemption applications is based on the Levi J. Tindall (TX) eligibility criteria, the terms and Robert L. Price (CO) conditions for Federal exemptions, and Jerad J. Riddle (IL) The following applicant, Gregory P. an individualized assessment of each Doral W. Robinson (MD) Grimes (OK), had more than two applicant’s medical information Nicholas A. Smyth (NE) commercial motor vehicle violations provided by the applicant. Anes Tabakovic (IA) during three-year period and/or Anthony R. VanAcker (IN) application process. IV. Conclusion John T. Vanderbeek (UT) The following applicant, Randall L. The Agency has determined that these Andry A. Vargas (MA) Bauman (IN), contributed to accident(s) applicants do not satisfy the criteria McKenley M. Victor (DE) in which the applicant was operating a eligibility or meet the terms and David W. Wiard (MI) CMV, which is a disqualifying offense. conditions of the Federal exemption and Tarrence R. Williams (MS) The following applicant, Daniel W. granting these exemptions would not The following 23 applicants did not Schraven (IA), did not demonstrate the provide a level of safety that would be have three years of experience driving a level of safety required for interstate equivalent to or greater than, the level CMV on public highways with their driving (excessive moving/non-moving of safety that would be obtained by vision deficiencies: violations during three-year period). complying with the regulation 49 CFR Matthew R. Beggs (IL) The following 16 applicants were 391.41(b)(10). Therefore, the 110 Richard W. Bullard (FL) denied for multiple reasons: applicants in this notice have been Paulo G. Clemente (NC) Jose G. Batres (PA) denied exemptions from the physical Hector A. Davila (GA) Guillermo Casio Gamero (WA) qualification standards in 49 CFR Chad M. Diamond (HI) Edward J. Delehant (OK) 391.41(b)(10). Paul A. Gulotta (NV) Kevin DeMarco (PA) Each applicant has, prior to this Burl V. Ingebretsen (MN) Anthony M. Goodman (TX) notice, received a letter of final Russell L. Kelly (SC) Eduardo L. Gutierrez (CA) disposition regarding his/her exemption Nicholas J. Luksha (TN) Michael L. Johnson (SC) request. Those decision letters fully Jerred R. Murray (NY) Patrick E. Kuempel (IA) outlined the basis for the denial and Christopher J. Neville (ME) Michael T. McGinty (PA) constitute final action by the Agency. Eric L. Nydick (KS) Michael E. McGregor (ID) This notice summarizes the Agency’s Robert F. Reed (NV) Steven Ramirez (CA) recent denials as required under 49 Wesley C. Riley (IL) Robert L. Schwartz (ND)

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Emmanuel A. Sepulveda (CA) Programs Division, 202–366–4001, without corrective lenses, field of vision Tyrone Sipp (TN) [email protected], FMCSA, of at least 70° in the horizontal meridian Calvin R. Stoltzfus (PA) Department of Transportation, 1200 in each eye, and the ability to recognize Latasha M. Williams-Barnes (CT) New Jersey Avenue SE, Room W64–224, the colors of traffic signals and devices The following four applicants have Washington, DC 20590–0001. Office showing red, green, and amber. hours are from 8:30 a.m. to 5 p.m., e.t., not had stable vision for the preceding III. Discussion of Comments three-year period: Monday through Friday, except Federal Miguel M. Levario (NM) holidays. If you have questions FMCSA received no comments in this Markell D. Riley (NC) regarding viewing or submitting preceding. Michael J. Smith (MN) material to the docket, contact Docket IV. Conclusion Vernon L. Speakman (GA) Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Based upon its evaluation of the 86 The following applicant, Charles E. renewal exemption applications and Chamberlain (KY), does not meet the I. Electronic Access comments received, FMCSA confirms vision standard in his better eye. You may see all the comments online its’ decision to exempt the following The following applicant, Jerry B. through the Federal Document drivers from the vision requirement in Gibson (KY), drove interstate while Management System (FDMS) at: http:// 49 CFR 391.41 (b)(10): restricted to intrastate driving. www.regulations.gov. In accordance with 49 U.S.C. 31136(e) Issued on: August 9, 2018. Docket: For access to the docket to and 31315, the following groups of Larry W. Minor, read background documents or drivers received renewed exemptions in Associate Administrator for Policy. comments, go to http:// the month of September and are [FR Doc. 2018–17597 Filed 8–14–18; 8:45 am] www.regulations.gov and/or Room discussed below: BILLING CODE 4910–EX–P W12–140 on the ground level of the As of September 6, 2017, and in West Building, 1200 New Jersey Avenue accordance with 49 U.S.C. 31136(e) and SE, Washington, DC, between 9 a.m. and 31315, the following 35 individuals DEPARTMENT OF TRANSPORTATION 5 p.m., e.t., Monday through Friday, have satisfied the renewal conditions for except Federal holidays. obtaining an exemption from the vision Federal Motor Carrier Safety Privacy Act: In accordance with 5 requirement in the FMCSRs for Administration U.S.C. 553(c), DOT solicits comments interstate CMV drivers (65 FR 78256; 66 from the public to better inform its [Docket No. FMCSA–1998–4334; FMCSA– FR 16311; 66 FR 30502; 66 FR 41654; 1999–5578; FMCSA–2000–8398; FMCSA– rulemaking process. DOT posts these 68 FR 13360; 68 FR 44837; 70 FR 17504; 2001–9561; FMCSA–2003–14504; FMCSA– comments, without edit, including any 70 FR 25878; 70 FR 30997; 70 FR 41811; 2003–14504; FMCSA–2003–15268; FMCSA– personal information the commenter 72 FR 12666; 72 FR 21313; 72 FR 25831; 2005–20560; FMCSA–2005–21254; FMCSA– provides, to http://www.regulations.gov, 72 FR 27624; 72 FR 28093; 72 FR 32703; 2007–27333; FMCSA–2007–27515; FMCSA– as described in the system of records 72 FR 40362; 74 FR 19270; 74 FR 23472; 2007–27897; FMCSA–2007–28695; FMCSA– notice (DOT/ALL–14 FDMS), which can 74 FR 26461; 74 FR 26464; 74 FR 34395; 2009–0121; FMCSA–2009–0154; FMCSA– be reviewed at http://www.dot.gov/ 74 FR 34630; 76 FR 25762; 76 FR 25766; 2011–0092; FMCSA–2011–0124; FMCSA– privacy. 76 FR 32017; 76 FR 34135; 76 FR 37168; 2011–0140; FMCSA–2011–0141; FMCSA– 2013–0027; FMCSA–2013–0028; FMCSA– II. Background 76 FR 37169; 76 FR 37885; 76 FR 44652; 76 FR 50318; 78 FR 24798; 78 FR 26106; 2013–0029; FMCSA–2013–0030; FMCSA– On June 18, 2018, FMCSA published 2014–0007; FMCSA–2014–0300; FMCSA– 78 FR 27281; 78 FR 32708; 78 FR 34140; 2014–0304; FMCSA–2015–0048; FMCSA– a notice announcing its decision to 78 FR 34143; 78 FR 37270; 78 FR 41188; 2015–0052; FMCSA–2015–0053; FMCSA– renew exemptions for 86 individuals 78 FR 41975; 78 FR 46407; 78 FR 51269; 2015–0055] from the vision requirement in 49 CFR 78 FR 52602; 78 FR 56986; 78 FR 56993; 391.41(b)(10) to operate a CMV in 79 FR 4531; 79 FR 38659; 79 FR 53514; Qualification of Drivers; Exemption interstate commerce and requested 80 FR 2473; 80 FR 14223; 80 FR 18693; Applications; Vision comments from the public (83 FR 80 FR 26139; 80 FR 26320; 80 FR 29154; 28307). The public comment period 80 FR 31640; 80 FR 33007; 80 FR 33009; AGENCY: Federal Motor Carrier Safety ended on July 18, 2018, and no Administration (FMCSA), DOT. 80 FR 33011; 80 FR 35699; 80 FR 36395; comments were received. 80 FR 37718; 80 FR 40122; 80 FR 44185; ACTION: Notice of final disposition. As stated in the previous notice, 80 FR 44188; 80 FR 48404; 80 FR 48409; FMCSA has evaluated the eligibility of SUMMARY: FMCSA announces its 80 FR 50917; 80 FR 62161; 80 FR these applicants and determined that 62163): decision to renew exemptions for 86 renewing these exemptions would Robert D. Arkwright (MS) individuals from the vision requirement achieve a level of safety equivalent to or in the Federal Motor Carrier Safety Roger Bell (IL) greater than the level that would be Phillip J. Boes (MN) Regulations (FMCSRs) for interstate achieved by complying with the current commercial motor vehicle (CMV) Dale E. Bunke (ID) regulation 49 CFR 391.41(b)(10). Daniel G. Cohen (VT) drivers. The exemptions enable these The physical qualification standard individuals to continue to operate CMVs Jeffrey W. Cotner (OR) for drivers regarding vision found in 49 Jeffrey S. Daniel (VA) in interstate commerce without meeting CFR 391.41(b)(10) states that a person is the vision requirement in one eye. John J. Davis (SC) physically qualified to drive a CMV if Roy H. Degner (IA) DATES: Each group of renewed that person has distant visual acuity of David S. Devine (ID) exemptions were applicable on the at least 20/40 (Snellen) in each eye John C. Dimassa (WA) dates stated in the discussions below without corrective lenses or visual Mark J. Dufresne (NH) and will expire on the dates stated in acuity separately corrected to 20/40 Donnie H. Eagle (WV) the discussions below. (Snellen) or better with corrective Dennis C. Edler (PA) FOR FURTHER INFORMATION CONTACT: Ms. lenses, distant binocular acuity of a least Steven G. Garrett (CA) Christine A. Hydock, Chief, Medical 20/40 (Snellen) in both eyes with or Eric M. Grayson (KY)

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William K. Gullett (KY) Andrew M. Nurnberg (GA) 0154; FMCSA–2011–0124. Their David A. Hayes (GA) Joshua R. Perkins (ID) exemptions are applicable as of John T. Johnson (NM) Craig R. Saari (MN) September 22, 2017, and will expire on Jay D. Labrum (UT) Jerry L. Schroder (IL) September 22, 2019. Spencer E. Leonard (OH) Larry D. Steiner (MN) As of September 23, 2017, and in Brian P. Millard (SC) The drivers were included in docket accordance with 49 U.S.C. 31136(e) and Gonzalo Pena (FL) numbers FMCSA–1998–4334; FMCSA– 31315, the following nine individuals Richard E. Perry (CA) 2007–27897. Their exemptions are have satisfied the renewal conditions for Timothy J. Slone (KY) applicable as of September 13, 2017, obtaining an exemption from the vision Hoyt V. Smith (SC) and will expire on September 13, 2019. requirement in the FMCSRs for Dennis W. Stubrich (PA) As of September 16, 2017, and in interstate CMV drivers (64 FR 27027; 64 Lee T. Taylor (FL) accordance with 49 U.S.C. 31136(e) and FR 51568; 66 FR 48504; 68 FR 19598; Michael J. Thane (OH) 31315, the following 11 individuals 68 FR 33570; 68 FR 37197; 68 FR 48989; Jon C. Thompson (TX) have satisfied the renewal conditions for 68 FR 54775; 70 FR 30999; 70 FR 42615; James L. Tinsley, Jr. (VA) obtaining an exemption from the vision George F. Treece (IL) 70 FR 46567; 70 FR 53412; 72 FR 39879; requirement in the FMCSRs for 72 FR 52419; 72 FR 62896; 74 FR 43221; Harlon C. VanBlaricom (MN) interstate CMV drivers (78 FR 27281; 78 Jeff L. Wheeler (IA) 76 FR 53708; 78 FR 78477; 80 FR FR 34143; 78 FR 41188; 78 FR 41975; 53383): Zachary J. Workman (ID) 78 FR 52602; 78 FR 56986; 80 FR The drivers were included in docket 48411): Linda L. Billings (NV) numbers FMCSA–2000–8398; FMCSA– Carl Block (NY) Weldon R. Evans (OH) 2001–9561; FMCSA–2005–20560; Christopher Brim (TN) Orasio Garcia (TX) FMCSA–2007–27333; FMCSA–2007– John Camp (GA) Leslie W. Good (OR) 27515; FMCSA–2009–0121; FMCSA– Ralph Carr (PA) 2011–0092; FMCSA–2011–0140; Phyllis Dodson (IN) James P. Guth (PA) FMCSA–2013–0027; FMCSA–2013– Juan M. Guerrero (TX) Gregory K. Lilly (WV) 0028; FMCSA–2013–0029; FMCSA– Berl C. Jennings (VA) Kenneth A. Reddick (PA) 2013–0030; FMCSA–2014–0007; Udum Khamsoksavath (WA) FMCSA–2014–0300; FMCSA–2014– Vincent Marsee, Sr. (NC) Leonard Rice, Jr. (GA) 0304; FMCSA–2015–0048; FMCSA– Jerome Paintner (ND) James T. Sullivan (KY) 2015–0052; FMCSA–2015–0053; David Snellings (MD) The drivers were included in docket FMCSA–2015–0055. Their exemptions The drivers were included in docket are applicable as of September 6, 2017, numbers FMCSA–1999–5578; FMCSA– numbers FMCSA–2013–0028; FMCSA– 2003–14504; FMCSA–2003–15268; and will expire on September 6, 2019. 2013–0029; FMCSA–2013–0030. Their As of September 7, 2017, and in FMCSA–2005–21254; FMCSA–2007– exemptions are applicable as of 27897. Their exemptions are applicable accordance with 49 U.S.C. 31136(e) and September 16, 2017, and will expire on 31315, the following four individuals as of September 23, 2017, and will September 16, 2019. expire on September 23, 2019. have satisfied the renewal conditions for As of September 22, 2017, and in As of September 27, 2017, and in obtaining an exemption from the vision accordance with 49 U.S.C. 31136(e) and accordance with 49 U.S.C. 31136(e) and requirement in the FMCSRs for 31315, the following 15 individuals 31315, the following two individuals interstate CMV drivers (76 FR 34136; 76 have satisfied the renewal conditions for have satisfied the renewal conditions for FR 37169; 76 FR 50318; 76 FR 55463; obtaining an exemption from the vision obtaining an exemption from the vision 78 FR 78477; 80 FR 50915): requirement in the FMCSRs for requirement in the FMCSRs for Charles E. Carter (MI) interstate CMV drivers (68 FR 19598; 68 interstate CMV drivers (72 FR 46261; 72 James A. Ellis (NY) FR 33570; 70 FR 17504; 70 FR 25878; FR 54972; 74 FR 43223; 76 FR 40445; Dale L. Giardine (PA) 70 FR 30997; 72 FR 28093; 72 FR 40362; 76 FR 53710; 76 FR 55469; 78 FR Peter M. Shirk (PA) 74 FR 20523; 74 FR 34394; 74 FR 37295; 78477): Joe M. Flores, (NM); Kenneth D. The drivers were included in docket 74 FR 48343; 76 FR 34136; 76 FR 53708; Perkins, (NC). numbers FMCSA–2011–0124; FMCSA– 76 FR 54530; 76 FR 55463; 78 FR 78477; 2011–0140. Their exemptions are 80 FR 49302): The drivers were included in docket applicable as of September 7, 2017, and Michael K. Adams (OH) numbers FMCSA–2007–28695; will expire on September 7, 2019. Eleazar R. Balli (TX) FMCSA–2011–0141. Their exemptions As of September 13, 2017, and in Darrell W. Bayless (TX) are applicable as of September 27, 2017, accordance with 49 U.S.C. 31136(e) and Lloyd D. Burgess (OH) and will expire on September 27, 2019. 31315, the following ten individuals Clifford D. Carpenter (MO) In accordance with 49 U.S.C. 31315, have satisfied the renewal conditions for Cecil A. Evey (ID) each exemption will be valid for two obtaining an exemption from the vision Kamal A. Gaddah (OH) years from the effective date unless requirement in the FMCSRs for Eric M. Kousgaard (NE) revoked earlier by FMCSA. The interstate CMV drivers (63 FR 66226; 64 James F. McMahon, Jr. (NH) exemption will be revoked if the FR 16517; 66 FR 41656; 68 FR 44837; Samuel A. Miller (IN) following occurs: (1) The person fails to 70 FR 41811; 72 FR 39879; 72 FR 40362; Larry T. Rogers (IL) comply with the terms and conditions 72 FR 52419; 74 FR 41971; 76 FR 54530; Marcial Soto-Rivas (OR) of the exemption; (2) the exemption has 78 FR 78477; 80 FR 48402): Boyd D. Stamey (NC) resulted in a lower level of safety than John A. Bridges (GA) David C. Sybesma (ID) was maintained prior to being granted; Brian W. Curtis (IL) Matthew K. Tucker (MN) or (3) continuation of the exemption Tomie L. Estes (MO) The drivers were included in docket would not be consistent with the goals Ray C. Johnson (AR) numbers FMCSA–2003–14504; and objectives of 49 U.S.C. 31136 and James J. Mitchell (NC) FMCSA–2005–20560; FMCSA–2009– 31315.

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Issued on: August 8, 2018. FOR FURTHER INFORMATION CONTACT: FMCSA’s regulations. The program Larry W. Minor, Crystal Frederick, Transportation change decrease of 76,751 estimated Associate Administrator for Policy. Specialist, Compliance Division, annual burden hours (774,249 proposed [FR Doc. 2018–17602 Filed 8–14–18; 8:45 am] Department of Transportation, Federal estimated annual burden hours–851,000 BILLING CODE 4910–EX–P Motor Carrier Safety Administration, approved estimated annual burden 6th Floor, West Building, 1200 New hours) is due to adjustments in Jersey Avenue SE, Washington, DC respondent and response estimates. DEPARTMENT OF TRANSPORTATION 20590–0001. Telephone: 202–366–2904; Data, as of September 29, 2017, pulled Email Address: crystal.frederick@ from FMCSA’s MCMIS and SMS Federal Motor Carrier Safety dot.gov. Office hours are from 9 a.m. to databases indicated that there was a Administration 5 p.m., Monday through Friday, except decrease in the number of active Federal Holidays. interstate freight carriers and intrastate [Docket No. FMCSA–2018–0091] SUPPLEMENTARY INFORMATION: hazardous materials carriers and a Title: Commercial Motor Vehicle decrease in the number of power units Agency Information Collection Marking Requirements subject to Component 1 marking Activities; Renewal of Existing OMB Control Number: 2126–0054. requirements, resulting in a decrease of Information Collection Request: Type of Request: Renewal of a 94,799 burden hours. According to the Commercial Motor Vehicle Marking currently approved collection. September 29, 2017 snapshot, there was Requirements Respondents: Freight carrying a decrease in the number of passenger commercial motor carriers, passenger carriers impacted and an increase in the AGENCY: Federal Motor Carrier Safety number of passenger-carrying power Administration (FMCSA), DOT. carrying commercial motor carriers and intermodal equipment providers. units impacted by Component 2, ACTION: Notice and request for Estimated Number of Respondents: resulting in an increase of 17,947 comments. 218,389 motor carriers and IEPs. burden hours. Finally, greater precision Estimated Time per Response: 26 was used in calculating the number of SUMMARY: In accordance with the respondents, responses associated with minutes [12 minutes to affix DOT Paperwork Reduction Act of 1995, Component 3, resulting in an increase of Number + 14 minutes for affixing a FMCSA announces its plan to submit 101 burden hours. the Information Collection Request (ICR) carrier’s name = 26]. Two comments were submitted to the described below to the Office of Expiration Date: August 31, 2018. docket during the 60-day comment Management and Budget (OMB) for Frequency of Response: On occasion. period, in response to the 60-day review and approval. This ICR will Estimated Total Annual Burden: Federal Register, 83(17885), published enable FMCSA to document the burden 774,249 hours spent by motor carriers on April 24, 2018. One comment was associated with the marking regulations and IEPs marking CMVs with a DOT received from Greyhound Lines, Inc. in ‘‘Marking of Self-Propelled CMVs and number and carrier information. (Greyhound) and the other from Owner- Intermodal Equipment.’’ These Background: The Secretary of Operator Independent Drivers regulations require marking of vehicles Transportation (Secretary) is authorized Association (OOIDA). Greyhound’s and intermodal equipment by motor to require marking of vehicles and comment, however, addresses another carriers and intermodal equipment intermodal equipment by motor carriers ICR open during the same time period, providers (IEPs) engaging in interstate and intermodal equipment providers ‘‘Leasing and Interchange of Vehicles,’’ transportation. The FMCSA requests (IEPs) engaging in interstate and not the Markings ICR. The comment approval to renew an ICR titled, transportation based on the authority of submitted by Greyhound will thus be ‘‘Commercial Motor Vehicle Marking 49 U.S.C. 31133(a)(8) and 31133(a)(10). addressed in the Leasing ICR response. Requirements.’’ The Secretary has delegated authority The other comment submitted by pertaining to the marking of commercial OOIDA raised two points. The first issue DATES: Please send your comments by motor vehicles (CMVs) pursuant to 49 raised deals with the phrasing of the September 14, 2018. OMB must receive CFR 1.87(f). The Agency’s regulation associated regulation, part 390. OOIDA your comments by this date in order to governing the marking of CMVs is asserts that current wording of the part act quickly on the ICR. codified at 49 CFR 390.21. does not permit certain leasing ADDRESSES: All comments should Vehicle marking requirements are situations. FMCSA notes that an ICR is reference Federal Docket Management intended to ensure that FMCSA, the not the venue for regulatory change, System (FDMS) Docket Number National Transportation Safety Board even if the regulation is related to the FMCSA–2018–0091. Interested persons (NTSB), and State safety officials are subject matter covered in the ICR. The are invited to submit written comments able to identify motor carriers and second claim made by OOIDA is that on the proposed information collection correctly assign responsibility for the aforementioned regulation does to the Office of Information and regulatory violations during inspections, nothing to improve safety. As we stated Regulatory Affairs, Office of investigations, compliance reviews, and in the 2015 final rule the marking Management and Budget. Comments crash studies. These marking requirement enables ‘‘investigators and should be addressed to the attention of requirements will also provide the the general public to identify the the Desk Officer, Department of public with beneficial information that passenger carrier responsible for safety’’ Transportation/Federal Motor Carrier could assist in identifying carriers for (80 FR 30164, 30166). Given these Safety Administration, and sent via the purposes of commerce, complaints considerations FMCSA does not believe electronic mail to oira_submission@ or emergency notification. The marking changes to the ICR are appropriate based omb.eop.gov, or faxed to (202) 395– requirements apply to motor carriers on these comments. 6974, or mailed to the Office of and intermodal equipment providers Public Comments Invited: You are Information and Regulatory Affairs, (IEPs) engaging in interstate asked to comment on any aspect of this Office of Management and Budget, transportation. The Agency does not information collection, including: (1) Docket Library, Room 10102, 725 17th require a specific method of marking as Whether the proposed collection is Street NW, Washington, DC 20503. long as the marking complies with necessary for the FMCSA to perform its

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functions; (2) the accuracy of the comments, go to http:// commerce. [Appendix A to Part 391— estimated burden; (3) ways for the www.regulations.gov and/or Room Medical Advisory Criteria, section D, FMCSA to enhance the quality, W12–140 on the ground level of the paragraph 4]. The advisory criteria for usefulness, and clarity of the collected West Building, 1200 New Jersey Avenue 49 CFR 391.41(b)(4) indicates that information; and (4) ways that the SE, Washington, DC, between 9 a.m. and coronary artery bypass surgery and burden could be minimized without 5 p.m., e.t., Monday through Friday, pacemaker implantation are remedial reducing the quality of the collected except Federal holidays. procedures and thus, not medically information. Privacy Act: In accordance with 5 disqualifying. Implantable cardioverter Issued under the authority delegated in 49 U.S.C. 553(c), DOT solicits comments defibrillators are disqualifying due to CFR 1.87 on August 3, 2018. from the public to better inform its risk of syncope. G. Kelly Regal, rulemaking process. DOT posts these comments, without edit, including any III. Discussion of Comments Associate Administrator for Office of Research and Information Technology. personal information the commenter FMCSA received one comment in this provides, to http://www.regulations.gov, proceeding from an individual who is in [FR Doc. 2018–17568 Filed 8–14–18; 8:45 am] as described in the system of records favor of any ICD treated individual who BILLING CODE 4910–EX–P notice (DOT/ALL–14 FDMS), which can has not had any issues for six months, be reviewed at http://www.dot.gov/ and who has clearance from their DEPARTMENT OF TRANSPORTATION privacy. cardiologist, being allowed to drive a II. Background CMV. FMCSA acknowledges the Federal Motor Carrier Safety commenters’ responses concerning Administration On January 31, 2018, FMCSA stable medical histories with ICDs. published a FR notice (83 FR 4545) Based on the available medical [Docket No. FMCSA–2017–0326] announcing receipt of applications from literature cited above, FMCSA believes seven individuals treated with ICDs and Qualification of Drivers; Exemption that a driver with an ICD is at risk for requested comments from the public. incapacitation if the device discharges. Applications; Implantable Cardioverter These seven individuals requested an Defibrillator (ICD) This risk is combined with the risks exemption from 49 CFR 391.41(b)(4) associated with the underlying AGENCY: Federal Motor Carrier Safety which prohibits operation of a CMV in cardiovascular condition for which the Administration (FMCSA), DOT. interstate commerce by persons with a ICD has been implanted as a primary or ACTION: Notice of denials. current clinical diagnosis of myocardial secondary preventive measure. infarction, angina pectoris, coronary SUMMARY: FMCSA announces its insufficiency, thrombosis, or any other IV. Basis for Exemption Determination decision to deny applications from cardiovascular disease of a variety Under 49 U.S.C. 31136(e) and 31315, seven individuals treated with known to be accompanied by syncope, FMCSA may grant an exemption if it Implantable Cardioverter Defibrillators dyspnea, collapse, or congestive heart finds such an exemption would likely (ICDs) who requested an exemption failure. The public comment period achieve a level of safety that is from the Federal Motor Carrier Safety closed on May 2, 2018 and one equivalent to, or greater then, the level Regulations (FMCSRs) prohibiting comment was received. that would be achieved absent such an operation of a commercial motor vehicle FMCSA has evaluated the eligibility exemption. (CMV) in interstate commerce by of these applicants and concluded that The Agency’s decision regarding these persons with a current clinical diagnosis granting these exemptions would not exemption applications is based on an of myocardial infarction, angina provide a level of safety that would be individualized assessment of each pectoris, coronary insufficiency, equivalent to or greater than, the level applicant’s medical information thrombosis, or any other cardiovascular of safety that would be obtained by provided by the applicant, available disease of a variety known to be complying with the regulation 49 CFR medical and scientific data concerning accompanied by syncope, dyspnea, 391.41(b)(4). A summary of each ICD’s, and public comments received. collapse, or congestive heart failure. applicant’s medical history related to In the case of persons with ICDs, the FOR FURTHER INFORMATION CONTACT: Ms. their ICD exemption request was underlying condition for which the ICD Christine A. Hydock, Chief, Medical discussed in the March 2, 2018, Federal was implanted places the individual at Programs Division, (202) 366–4001, Register notice and will not be repeated high risk for syncope (a transient loss of [email protected], FMCSA, in this notice. consciousness) or other unpredictable Department of Transportation, 1200 In reaching the decision to deny these events known to result in gradual or New Jersey Avenue SE, Room W64–224, exemption requests, the Agency sudden incapacitation. ICDs may Washington, DC 20590–0001. Office considered information from the discharge, which could result in loss of hours are from 8:30 a.m. to 5 p.m., e.t., Cardiovascular Medical Advisory ability to safely control a CMV. See the Monday through Friday, except Federal Criteria, the April 2007 Evidence Report April 2007 Evidence Report on holidays. If you have questions ‘‘Cardiovascular Disease and Cardiovascular Disease and Commercial regarding viewing or submitting Commercial Motor Vehicle Driver Motor vehicle Driver Safety, April material to the docket, contact Docket Safety, and a December 2014 focused 2007.1 A focused research report on Services, telephone (202) 366–9826. research report ‘‘Implantable Implantable Cardioverter Defibrillators SUPPLEMENTARY INFORMATION: Cardioverter Defibrillators and the and the Impact of a Shock on a Patient Impact of a Shock in a Patient When When Deployed completed for the I. Electronic Access Deployed.’’ Copies of the reports are FMCSA December 2014 indicates that You may see all the comments online included in the docket. the available scientific data on persons through the Federal Document FMCSA has published advisory with ICDs and CMV driving does not Management System (FDMS) at: http:// criteria to assist medical examiners in support that persons with ICDs who www.regulations.gov. determining whether drivers with Docket: For access to the docket to certain medical conditions are qualified 1 Now available at http://ntl.bts.gov/lib/30000/ read background documents or to operate a CMV in interstate 30100/30123/Final_CVD_Evidence_Report_v2.pdf.

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operate CMVs are able to meet an equal ACTION: Notice of renewal of personal information provided. Please or greater level of safety and upholds exemptions; request for comments. see the Privacy Act heading below for the findings of the April 2007 report. further information. SUMMARY: FMCSA announces its Docket: For access to the docket to V. Conclusion decision to renew exemptions for 88 read background documents or The Agency has determined that the individuals from the vision requirement comments, go to http:// available medical and scientific in the Federal Motor Carrier Safety www.regulations.gov at any time or literature and research provides Regulations (FMCSRs) for interstate Room W12–140 on the ground level of insufficient data to enable the Agency to commercial motor vehicle (CMV) the West Building, 1200 New Jersey conclude that granting these exemptions drivers. The exemptions enable these Avenue, SE, Washington, DC, between 9 would achieve a level of safety individuals to continue to operate CMVs a.m. and 5 p.m., e.t., Monday through equivalent to, or greater than, the level in interstate commerce without meeting Friday, except Federal holidays. The of safety maintained without the the vision requirements in one eye. FDMS is available 24 hours each day, exemption. Therefore, the following DATES: Each group of renewed e.t., 365 days each year. If you want seven applicants have been denied exemptions were applicable on the acknowledgment that we received your exemptions from the physical dates stated in the discussions below comments, please include a self- qualification standards in 49 CFR and will expire on the dates stated in addressed, stamped envelope or 391.41(b)(4): the discussions below. Comments must postcard or print the acknowledgement Frank D’Ercole (NJ) be received on or before September 14, page that appears after submitting Myles Goodwin (NH) 2018. comments online. Cody Hairr (NC) ADDRESSES: You may submit comments Privacy Act: In accordance with 5 Dennis R. Pickett (IN) bearing the Federal Docket Management U.S.C. 553(c), DOT solicits comments William E. Richardson, Jr. (MI) System (FDMS) Docket No. FMCSA– from the public to better inform its Terry Stephens ( VA) 1999–6480; FMCSA–2000–7006; rulemaking process. DOT posts these Jeffrey A. Weiner ( MN) FMCSA–2000–7165; FMCSA–2002– comments, without edit, including any Each applicant has, prior to this 12294; FMCSA–2004–17195; FMCSA– personal information the commenter notice, received a letter of final 2005–22194; FMCSA–2006–23773; provides, to http://www.regulations.gov, disposition regarding his/her exemption FMCSA–2006–24783; FMCSA–2008– as described in the system of records request. Those decision letters fully 0021; FMCSA–2008–0106; FMCSA– notice (DOT/ALL–14 FDMS), which can outlined the basis for the denial and 2008–0174; FMCSA–2008–0231; be reviewed at http://www.dot.gov/ constitutes final action by the Agency. FMCSA–2009–0291; FMCSA–2010– privacy. The list published today summarizes 0082; FMCSA–2010–0114; FMCSA– the Agency’s recent denials as required 2011–0299; FMCSA–2011–0325; FOR FURTHER INFORMATION CONTACT: Ms. under 49 U.S.C. 31315(b)(4). FMCSA–2012–0104; FMCSA–2012– Christine A. Hydock, Chief, Medical Programs Division, 202–366–4001, Issued on: August 8, 2018. 0161; FMCSA–2012–0214; FMCSA– 2013–0166; FMCSA–2013–0168; [email protected], FMCSA, Larry W. Minor, Department of Transportation, 1200 Associate Administrator for Policy. FMCSA–2014–0002; FMCSA–2014– 0003; FMCSA–2014–0004; FMCSA– New Jersey Avenue, SE, Room W64– [FR Doc. 2018–17588 Filed 8–14–18; 8:45 am] 2014–0005; FMCSA–2014–0006; 224, Washington, DC 20590–0001. BILLING CODE 4910–EX–P FMCSA–2014–0007; FMCSA–2014– Office hours are from 8:30 a.m. to 5 0010; FMCSA–2015–0070; FMCSA– p.m., e.t., Monday through Friday, except Federal holidays. If you have DEPARTMENT OF TRANSPORTATION 2015–0072; FMCSA–2015–0350; FMCSA–2015–0351; FMCSA–2016– questions regarding viewing or submitting material to the docket, Federal Motor Carrier Safety 0028; FMCSA–2016–0029; FMCSA– contact Docket Services, telephone (202) Administration 2016–0030; FMCSA–2016–0031; FMCSA–2016–0033 using any of the 366–9826. [Docket No. FMCSA–1999–6480; FMCSA– following methods: SUPPLEMENTARY INFORMATION: 2000–7006; FMCSA–2000–7165; FMCSA– • 2002–12294; FMCSA–2004–17195; FMCSA– Federal eRulemaking Portal: Go to I. Background 2005–22194; FMCSA–2006–23773; FMCSA– http://www.regulations.gov. Follow the 2006–24783; FMCSA–2008–0021; FMCSA– online instructions for submitting Under 49 U.S.C. 31136(e) and 31315, 2008–0106; FMCSA–2008–0174; FMCSA– comments. FMCSA may grant an exemption for five 2008–0231; FMCSA–2009–0291; FMCSA– • Mail: Docket Management Facility; years if it finds ‘‘such exemption would 2010–0082; FMCSA–2010–0114; FMCSA– U.S. Department of Transportation, 1200 likely achieve a level of safety that is 2011–0299; FMCSA–2011–0325; FMCSA– New Jersey Avenue, SE, West Building equivalent to or greater than the level 2012–0104; FMCSA–2012–0161; FMCSA– Ground Floor, Room W12–140, that would be achieved absent such 2012–0214; FMCSA–2013–0166; FMCSA– Washington, DC 20590–0001. exemption.’’ The statute also allows the 2013–0168; FMCSA–2014–0002; FMCSA– • Agency to renew exemptions at the end 2014–0003; FMCSA–2014–0004; FMCSA– Hand Delivery: West Building 2014–0005; FMCSA–2014–0006; FMCSA– Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants 2014–0007; FMCSA–2014–0010; FMCSA– New Jersey Avenue, SE, Washington, exemptions from the FMCSRs for a two- 2015–0070; FMCSA–2015–0072; FMCSA– DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum 2015–0350; FMCSA–2015–0351; FMCSA– Monday through Friday, except Federal duration of a driver’s medical 2016–0028; FMCSA–2016–0029; FMCSA– Holidays. certification. 2016–0030; FMCSA–2016–0031; FMCSA– • Fax: 1–202–493–2251. The physical qualification standard 2016–0033] Instructions: Each submission must for drivers regarding vision found in 49 Qualification of Drivers; Exemption include the Agency name and the CFR 391.41(b)(10) states that a person is Applications; Vision docket number(s) for this notice. Note physically qualified to driver a CMV if that all comments received will be that person has distant visual acuity of AGENCY: Federal Motor Carrier Safety posted without change to http:// at least 20/40 (Snellen) in each eye Administration (FMCSA), DOT. www.regulations.gov, including any without corrective lenses or visual

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acuity separately corrected to 20/40 79 FR 51643; 79 FR 52388; 79 FR 53514; Timothy C. Dotson (MO) (Snellen) or better with corrective 79 FR 64001; 80 FR 67476; 80 FR 70060; Paul D. Evenhouse (IL) lenses, distant binocular acuity of a least 81 FR 14190; 81 FR 15404; 81 FR 16265; Hugo A. Galvis Barrera (GA) 20/40 (Snellen) in both eyes with or 81 FR 17237; 81 FR 20433; 81 FR 20435; Todd M. Harguth (MN) without corrective lenses, field of vision 81 FR 39100; 81 FR 39320; 81 FR 42054; George F. Hernandez, Jr. (AZ) of at least 70° in the horizontal meridian 81 FR 45214; 81 FR 52514; 81 FR 52516; Brian D. Hoover (IA) in each eye, and the ability to recognize 81 FR 59266; 81 FR 66720; 81 FR 66722; Gregory R. Johnson (SC) the colors of traffic signals and devices 81 FR 66726; 81 FR 68098; 81 FR 74494; Michael A. Kafer (KS) showing red, green, and amber. 81 FR 81230; 81 FR 90050; 81 FR 91239; Aaron C. Lougher (OR) The 88 individuals listed in this 81 FR 96196). They have submitted John Lucas (NC) notice have requested renewal of their evidence showing that the vision in the Joshua L. Marasek (TX) exemptions from the vision standard in better eye continues to meet the Carlos A. Mendez-Castellon (VA) 49 CFR 391.41(b)(10), in accordance requirement specified at 49 CFR Earl L. Mokma (MI) with FMCSA procedures. Accordingly, 391.41(b)(10) and that the vision John E. O’Boyle (PA) FMCSA has evaluated these impairment is stable. In addition, a Mark C. Reineke (NM) applications for renewal on their merits review of each record of safety while Guadalupe Reyes (FL) and decided to extend each exemption driving with the respective vision Jacob H. Riggle (OK) for a renewable two-year period. deficiencies over the past two years Richard M. Rosales (NM) II. Request for Comments indicates each applicant continues to Scott D. Russell (WI) meet the vision exemption Paul W. Sorenson (UT) Interested parties or organizations requirements. These factors provide an Joshua R. Stanley (OK) possessing information that would adequate basis for predicting each Jerry M. Stearns (AR) otherwise show that any, or all, of these driver’s ability to continue to drive Raymond W. Teemer (NJ) drivers are not currently achieving the safely in interstate commerce. The drivers were included in docket statutory level of safety should Therefore, FMCSA concludes that numbers FMCSA–2005–22194; immediately notify FMCSA. The extending the exemption for each FMCSA–2006–23773; FMCSA–2008– Agency will evaluate any adverse renewal applicant for a period of two 0106; FMCSA–2009–0291; FMCSA– evidence submitted and, if safety is years is likely to achieve a level of safety 2010–0082; FMCSA–2011–0325; being compromised or if continuation of equal to that existing without the FMCSA–2013–0166; FMCSA–2014– the exemption would not be consistent exemption. 0002; FMCSA–2014–0003; FMCSA– with the goals and objectives of 49 In accordance with 49 U.S.C. 31136(e) 2014–0004; FMCSA–2014–0006; U.S.C. 31136(e) and 31315, FMCSA will FMCSA–2014–0007; FMCSA–2015– take immediate steps to revoke the and 31315, the following groups of exemption of a driver. drivers received renewed exemptions in 0070; FMCSA–2015–0072; FMCSA– the month of September and are 2015–0350; FMCSA–2015–0351; III. Basis for Renewing Exemptions discussed below: FMCSA–2016–0028; FMCSA–2016– Under 49 U.S.C. 31315(b)(1), an As of September 8, 2018, and in 0029; FMCSA–2016–0030; FMCSA– exemption may be granted for no longer accordance with 49 U.S.C. 31136(e) and 2016–0031. Their exemptions are than two years from its approval date 31315, the following 30 individuals applicable as of September 8, 2018, and and may be renewed upon application. have satisfied the renewal conditions for will expire on September 8, 2020. In accordance with 49 U.S.C. 31136(e) obtaining an exemption from the vision As of September 9, 2018, and in and 31315, each of the 88 applicants has requirement in the FMCSRs for accordance with 49 U.S.C. 31136(e) and satisfied the renewal conditions for interstate CMV drivers (70 FR 57353; 70 31315, the following 23 individuals obtaining an exemption from the vision FR 72689; 71 FR 6828; 71 FR 19604; 73 have satisfied the renewal conditions for requirement (64 FR 68195; 65 FR 20245; FR 27018; 73 FR 35198; 73 FR 36955; obtaining an exemption from the vision 65 FR 33406; 65 FR 57230; 65 FR 57234; 73 FR 48275; 74 FR 65842; 75 FR 9482; requirement in the FMCSRs for 67 FR 46016; 67 FR 57266; 67 FR 57267; 75 FR 25919; 75 FR 36779; 75 FR 39729; interstate CMV drivers (64 FR 68195; 65 69 FR 17263; 69 FR 51346; 69 FR 52741; 75 FR 44051; 77 FR 539; 77 FR 10606; FR 20251; 67 FR 38311; 69 FR 17263; 70 FR 57353; 70 FR 72689; 71 FR 6828; 77 FR 10608; 77 FR 38384; 77 FR 46153; 69 FR 26921; 69 FR 31447; 70 FR 44946; 71 FR 19604; 71 FR 32184; 71 FR 50970; 78 FR 62935; 78 FR 76395; 79 FR 6993; 71 FR 27033; 71 FR 32184; 71 FR 41311; 71 FR 53489; 73 FR 15568; 73 FR 27018; 79 FR 10607; 79 FR 14328; 79 FR 14571; 73 FR 15568; 73 FR 27017; 73 FR 28186; 73 FR 35197; 73 FR 35198; 73 FR 35199; 79 FR 18392; 79 FR 22003; 79 FR 28588; 73 FR 35197; 73 FR 35199; 73 FR 38499; 73 FR 36955; 73 FR 38499; 73 FR 46973; 79 FR 29498; 79 FR 35212; 79 FR 35218; 73 FR 42403; 73 FR 48273; 73 FR 48275; 73 FR 48270; 73 FR 48275; 73 FR 51336; 79 FR 38659; 79 FR 46153; 79 FR 47175; 75 FR 25919; 75 FR 27624; 75 FR 34212; 73 FR 54888; 74 FR 65842; 75 FR 9482; 79 FR 53514; 80 FR 67476; 80 FR 70060; 75 FR 38602; 75 FR 39729; 75 FR 44051; 75 FR 25919; 75 FR 34210; 75 FR 34212; 81 FR 14190; 81 FR 15404; 81 FR 16265; 75 FR 47888; 75 FR 50799; 76 FR 73769; 75 FR 36779; 75 FR 39729; 75 FR 44051; 81 FR 17237; 81 FR 20433; 81 FR 20435; 77 FR 3547; 77 FR 27847; 77 FR 36338; 75 FR 47888; 75 FR 50799; 75 FR 52062; 81 FR 39100; 81 FR 39320; 81 FR 42054; 77 FR 38386; 77 FR 40945; 77 FR 40946; 75 FR 52063; 76 FR 73769; 77 FR 539; 81 FR 45214; 81 FR 52514; 81 FR 52516; 77 FR 41879; 77 FR 46153; 77 FR 48590; 77 FR 10606; 77 FR 10608; 77 FR 27847; 81 FR 66720; 81 FR 66722; 81 FR 66726; 77 FR 52391; 78 FR 63302; 78 FR 77780; 77 FR 38384; 77 FR 40945; 77 FR 41879; 81 FR 68098; 81 FR 90050; 81 FR 91239; 79 FR 10606; 79 FR 14331; 79 FR 22003; 77 FR 46153; 77 FR 46793; 77 FR 52388; 81 FR 96196): 79 FR 27681; 79 FR 29495; 79 FR 35212; 77 FR 52389; 77 FR 59245; 78 FR 62935; Felipe Bayron (WI) 79 FR 35220; 79 FR 37842; 79 FR 38649; 78 FR 63302; 78 FR 76395; 79 FR 6993; Kenneth W. Bos (MN) 79 FR 38659; 79 FR 41735; 79 FR 45868; 79 FR 10606; 79 FR 10607; 79 FR 14328; Duane N. Brojer (NM) 79 FR 46153; 79 FR 47175; 79 FR 53514; 79 FR 14571; 79 FR 18392; 79 FR 22003; Gary A. Brown (PA) 81 FR 81230): 79 FR 27681; 79 FR 28588; 79 FR 29498; John D. Burns (ID) Don R. Alexander (OR) 79 FR 35212; 79 FR 35218; 79 FR 38659; Derrick L. Cowan (NC) Paul J. Bannon (DE) 79 FR 46153; 79 FR 46300; 79 FR 47175; Jeffrey D. Davis (NC) Tracy L. Bowers (IA)

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Thomas L. Corey (IN) 31315, the following four individuals Loran J. Weiler (IA) Layne C. Coscorrosa (WA) have satisfied the renewal conditions for The drivers were included in docket James H. Facemyre (WV) obtaining an exemption from the vision number FMCSA–2014–0010. Their Michael Giagnacova (PA) requirement in the FMCSRs for exemptions are applicable as of Brian G. Hagen (IL) interstate CMV drivers (73 FR 46973; 73 September 30, 2018, and will expire on George M. Hapchuk (PA) FR 54888; 75 FR 52063; 77 FR 52388; September 30, 2020. Clarence K. Hill (NC) 79 FR 52388; 81 FR 81230): Michael J. Hoffarth (WA) Terrence L. Benning (WI) IV. Conditions and Requirements Michael G. Martin (CT) Larry D. Curry (GA) Shane N. Maul (IN) Kelly M. Greene (FL) The exemptions are extended subject Larry McCoy, Sr. (OH) Thomas P. Shank (NY) to the following conditions: (1) Each Daniel S. Rebstad (FL) driver must undergo an annual physical Kenneth R. Riener (MT) The drivers were included in docket examination (a) by an ophthalmologist Terry L. Rubendall (PA) number FMCSA–2008–0231. Their or optometrist who attests that the James C. Sharp (PA) exemptions are applicable as of vision in the better eye continues to Robert Smiley (NM) September 23, 2018, and will expire on meet the requirements in 49 CFR Leon F. Stephens (CO) September 23, 2020. 391.41(b)(10), and (b) by a certified George R. Tieskoetter (IA) As of September 26, 2018, and in Medical Examiner, as defined by 49 CFR Bart M. Valiante (CT) accordance with 49 U.S.C. 31136(e) and 390.5, who attests that the driver is James W. Van Ryswyk (IA) 31315, the following four individuals otherwise physically qualified under 49 The drivers were included in docket have satisfied the renewal conditions for CFR 391.41; (2) each driver must numbers FMCSA–1999–6480; FMCSA– obtaining an exemption from the vision provide a copy of the ophthalmologist’s 2004–17195; FMCSA–2006–24783; requirement in the FMCSRs for or optometrist’s report to the Medical FMCSA–2008–0021; FMCSA–2008– interstate CMV drivers (77 FR 46793; 77 Examiner at the time of the annual 0106; FMCSA–2008–0174; FMCSA– FR 59245; 81 FR 81230): medical examination; and (3) each 2010–0082; FMCSA–2010–0114; Bryan Brockus (ID) driver must provide a copy of the FMCSA–2011–0299; FMCSA–2012– Erric L. Gomersall (WI) annual medical certification to the 0104; FMCSA–2012–0161; FMCSA– Larry Johnsonbaugh, Jr. (PA) employer for retention in the driver’s 2013–0168; FMCSA–2014–0002; John Middleton (OH) qualification file or keep a copy of his/ FMCSA–2014–0005; FMCSA–2014– The drivers were included in docket her driver’s qualification if he/her is 0006; FMCSA–2014–0007. Their number FMCSA–2012–0214. Their self- employed. The driver must also exemptions are applicable as of exemptions are applicable as of have a copy of the exemption when September 9, 2018, and will expire on September 26, 2018, and will expire on driving, for presentation to a duly September 9, 2020. September 26, 2020. authorized Federal, State, or local As of September 21, 2018, and in As of September 29, 2018, and in enforcement official. The exemption accordance with 49 U.S.C. 31136(e) and accordance with 49 U.S.C. 31136(e) and will be rescinded if: (1) The person fails 31315, the following 13 individuals 31315, the following seven individuals to comply with the terms and have satisfied the renewal conditions for have satisfied the renewal conditions for conditions of the exemption; (2) the obtaining an exemption from the vision obtaining an exemption from the vision exemption has resulted in a lower level requirement in the FMCSRs for requirement in the FMCSRs for of safety than was maintained before it interstate CMV drivers (65 FR 20245; 65 interstate CMV drivers (81 FR 59266; 81 was granted; or (3) continuation of the FR 33406; 65 FR 57230; 65 FR 57234; FR 74494): exemption would not be consistent with 67 FR 46016; 67 FR 57266; 67 FR 57267; Gregory M. Anderson (NY) the goals and objectives of 49 U.S.C. 69 FR 51346; 69 FR 52741; 71 FR 50970; 31136(e) and 31315. 71 FR 53489; 73 FR 48270; 73 FR 51336; Richard D. Auger (CA) 75 FR 34210; 75 FR 47888; 75 FR 50799; Darrin E. Bogert (NY) V. Preemption Jose D. Chavez (MD) 75 FR 52062; 77 FR 40945; 77 FR 52389; Philip J. Clements (WI) 79 FR 46300; 81 FR 81230): During the period the exemption is in Robert H. Nelson (VA) effect, no State shall enforce any law or Jack D. Clodfelter (NC) Harold F. White (SC) Tommy J. Cross, Jr. (TN) regulation that conflicts with this Daniel K. Davis III (MA) The drivers were included in docket exemption with respect to a person Joseph A. Dunlap (OH) number FMCSA–2016–0033. Their operating under the exemption. exemptions are applicable as of James F. Gereau (WI) VI. Conclusion Esteban G. Gonzalez (TX) September 29, 2018, and will expire on Reginald I. Hall (TX) September 29, 2020. Based upon its evaluation of the 88 George R. House (MO) As of September 30, 2018, and in exemption applications, FMCSA renews Alfred C. Jewell, Jr. (WY) accordance with 49 U.S.C. 31136(e) and the exemptions of the aforementioned Lewis V. McNeice (TX) 31315, the following seven individuals drivers from the vision requirement in Kevin J. O’Donnell (IL) have satisfied the renewal conditions for 49 CFR 391.41(b)(10), subject to the Gregory M. Preves (GA) obtaining an exemption from the vision requirements cited above. In accordance Jeffrey D. Wilson (CO) requirement in the FMCSRs for with 49 U.S.C. 31136(e) and 31315, each The drivers were included in docket interstate CMV drivers (79 FR 51643; 79 exemption will be valid for two years numbers FMCSA–2000–7006; FMCSA– FR 64001; 81 FR 81230): unless revoked earlier by FMCSA. 2000–7165; FMCSA–2002–12294; Ronald A. Bolyard (WV) Issued on: August 9, 2018. FMCSA–2010–0114. Their exemptions Kelly R. Knopf, Sr. (SC) are applicable as of September 21, 2018, Frazier A. Luckerson (GA) Larry W. Minor, and will expire on September 21, 2020. Ross A. Miceli II (PA) Associate Administrator for Policy. As of September 23, 2018, and in Donald L. Minney (OH) [FR Doc. 2018–17604 Filed 8–14–18; 8:45 am] accordance with 49 U.S.C. 31136(e) and Philip L. Neff (PA) BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION II. Background supplies needed to obtain adequate On May 29, 2018, FMCSA published blood samples and measure blood Federal Motor Carrier Safety a notice announcing receipt of glucose, insulin, and an amount of Administration applications from 53 individuals rapidly absorbable glucose to be used as requesting an exemption from diabetes necessary. [FMCSA Docket No. FMCSA–2018–0026] requirement in 49 CFR 391.41(b)(3) and IV. Basis for Exemption Determination requested comments from the public (83 Qualification of Drivers; Exemption Under 49 U.S.C. 31136(e) and 31315, FR 24555). The public comment period Applications; Diabetes Mellitus FMCSA may grant an exemption from ended on June 28, 2018, and three the diabetes standard in 49 CFR AGENCY: Federal Motor Carrier Safety comments were received. 391.41(b)(3) if the exemption is likely to Administration (FMCSA), DOT. FMCSA has evaluated the eligibility achieve an equivalent or greater level of of these applicants and determined that ACTION: Notice of final disposition. safety than would be achieved without granting the exemptions to these the exemption. The exemption allows individuals would achieve a level of SUMMARY: FMCSA announces its the applicants to operate CMVs in safety equivalent to or greater than the decision to exempt 53 individuals from interstate commerce. level that would be achieved by the prohibition in the Federal Motor The Agency’s decision regarding these complying with the current regulation Carrier Safety Regulations (FMCSRs) exemption applications is based on the 49 CFR 391.41(b)(3). program eligibility criteria and an against persons with insulin-treated The physical qualification standard diabetes mellitus (ITDM) from operating individualized assessment of for drivers regarding diabetes found in information submitted by each a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person interstate commerce. The exemptions applicant. The qualifications, is physically qualified to drive a CMV experience, and medical condition of enable these individuals with ITDM to if that person has no established operate CMVs in interstate commerce. each applicant were stated and medical history or clinical diagnosis of discussed in detail in the May 29, 2018, DATES: The exemptions were applicable diabetes mellitus currently requiring Federal Register notice (83 FR 24555) on June 29, 2018. The exemptions insulin for control. and will not be repeated in this notice. expire on June 29, 2020. III. Discussion of Comments These 53 applicants have had ITDM FOR FURTHER INFORMATION CONTACT: Ms. over a range of 1 to 48 years. These Christine A. Hydock, Chief, Medical FMCSA received three comments in applicants report no severe Programs Division, (202) 366–4001, this proceeding. Vicky Johnson from the hypoglycemic reactions resulting in loss [email protected], FMCSA, Minnesota Department of Public Safety of consciousness or seizure, requiring Department of Transportation, 1200 stated that Minnesota has no objections the assistance of another person, or New Jersey Avenue SE, Room W64–224, in granting a diabetic exemption to Jeff resulting in impaired cognitive function Washington, DC 20590–0001. Office F. Kress. that occurred without warning hours are from 8:30 a.m. to 5 p.m., e.t., Michael Sommer submitted a symptoms, in the past 12 months and no Monday through Friday, except Federal comment asking what forms he needs to recurrent (two or more) severe holidays. If you have questions send in to be granted a medical waiver. hypoglycemic episodes in the past five regarding viewing or submitting Information regarding all medical years. In each case, an endocrinologist material to the docket, contact Docket exemptions is available on the FMCSA verified that the driver has Services, telephone (202) 366–9826. website at https://www.fmcsa.dot.gov/ demonstrated a willingness to properly medical/driver-medical-requirements/ monitor and manage his/her diabetes SUPPLEMENTARY INFORMATION: driver-exemption-programs. mellitus, received education related to I. Electronic Access An anonymous commenter stated that diabetes management, and is on a stable they agree with the renewal of the 53 insulin regimen. These drivers report no You may see all the comments online individual exemptions listed in the other disqualifying conditions, through the Federal Document Federal Register. The commenter stated including diabetes related Management System (FDMS) at: http:// that they feel the guidelines are strict complications. Each meets the vision www.regulations.gov. enough to allow individuals with ITDM requirement at 49 CFR 391.41(b)(10). Docket: For access to the docket to to drive. They also stated that they did Consequently, FMCSA finds that in read background documents or not see in the Handbook that these each case exempting these applicants comments, go to http:// drivers are required to have a snack, from the diabetes requirement in 49 CFR www.regulations.gov and/or Room glucometer, or insulin on person while 391.41(b)(3) is likely to achieve a level W12–140 on the ground level of the driving. At this time, there is no official of safety equal to that existing without West Building, 1200 New Jersey Avenue FMCSA Medical Examiner’s Handbook. the exemption. SE, Washington, DC, between 9 a.m. and The handbook was removed from the 5 p.m., e.t., Monday through Friday, FMCSA website in 2015 because the V. Conditions and Requirements except Federal holidays. content is not in line with the current The terms and conditions of the Privacy Act: In accordance with 5 regulations and therefore is not exemption are provided to the U.S.C. 553(c), DOT solicits comments endorsed by the Agency for use. applicants in the exemption document from the public to better inform its However, the current exemption and includes the following: (1) Each rulemaking process. DOT posts these document provides to the driver written driver must submit a quarterly comments, without edit, including any requirements for the driver to maintain monitoring checklist completed by the personal information the commenter appropriate medical supplies for treating endocrinologist as well as an provides, to http://www.regulations.gov, glucose management while preparing annual checklist with a comprehensive as described in the system of records for the operation of a CMV and during medical evaluation; (2) each driver must notice (DOT/ALL–14 FDMS), which can its operation. It explains that the report within two business days of be reviewed at http://www.dot.gov/ supplies shall include a digital glucose occurrence, all episodes of severe privacy. monitor with computerized memory, hypoglycemia, significant

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complications, or inability to manage Jeffrey C. Olson (SD) ADDRESSES: You may submit comments diabetes; also, any involvement in an Robin L. Phillips (PA) bearing the Federal Docket Management accident or any other adverse event in Roosevelt Price (MS) System (FDMS) Docket No. FMCSA– a CMV or personal vehicle, whether or William P. Raben (AL) 2018–0202 using any of the following not it is related to an episode of Dennis B. Segel (WA) methods: hypoglycemia; (3) each driver must Daniel A. Slattery (IN) • Federal eRulemaking Portal: Go to provide a copy of the ophthalmologist’s Mathew C. Smart (TX) http://www.regulations.gov. Follow the or optometrist’s report to the Medical Jeffrey J. Smith (VA) online instructions for submitting Examiner at the time of the annual Charles D. Smith, Jr. (IN) comments. medical examination; and (4) each Patrick J. Snell (IA) • Mail: Docket Management Facility; driver must provide a copy of the Rodney M. Stephens (PA) U.S. Department of Transportation, 1200 annual medical certification to the Robert A. Swasey, Jr. (ME) New Jersey Avenue SE, West Building employer for retention in the driver’s Kevin R. Terpstra (IL) Ground Floor, Room W12–140, qualification file, or keeping a copy in Richard D. Thompson (NY) Washington, DC 20590–0001. his/her driver’s qualification file if he/ William D. Thull (IL) • Hand Delivery: West Building she is self-employed. The driver must Billy J. Thurnall (IN) Ground Floor, Room W12–140, 1200 also have a copy of the exemption when John T. Tuck, Jr. (NJ) New Jersey Avenue SE, Washington, driving, for presentation to a duly Roy D. Wendte (IL) DC, between 9 a.m. and 5 p.m., e.t., authorized Federal, State, or local Bailey Westgate (ID) Monday through Friday, except Federal enforcement official. Walter L. Williams (AR) Holidays. In accordance with 49 U.S.C. 31136(e) • Fax: 1–202–493–2251. VI. Preemption and 31315, each exemption will be valid Instructions: Each submission must During the period the exemption is in for two years from the effective date include the Agency name and the effect, no State shall enforce any law or unless revoked earlier by FMCSA. The docket number(s) for this notice. Note regulation that conflicts with this exemption will be revoked if the that all comments received will be exemption with respect to a person following occurs: (1) The person fails to posted without change to http:// operating under the exemption. comply with the terms and conditions www.regulations.gov, including any of the exemption; (2) the exemption has personal information provided. Please VII. Conclusion resulted in a lower level of safety than see the Privacy Act heading below for Based upon its evaluation of the 53 was maintained prior to being granted; further information. exemption applications, FMCSA or (3) continuation of the exemption Docket: For access to the docket to exempts the following drivers from the would not be consistent with the goals read background documents or diabetes requirement in 49 CFR and objectives of 49 U.S.C. 31136(e) and comments, go to http:// 391.41(b)(10), subject to the 31315. www.regulations.gov at any time or requirements cited above: Issued on: August 9, 2018. Room W12–140 on the ground level of the West Building, 1200 New Jersey Gary M. Athanas (OR) Larry W. Minor, Gary R. Babcock (CT) Avenue SE, Washington, DC, between 9 Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through Jennifer L. Baker (NC) [FR Doc. 2018–17593 Filed 8–14–18; 8:45 am] Lesley L. Beasley (AL) Friday, except Federal holidays. The BILLING CODE 4910–EX–P Theresa J. Blackman (IN) FDMS is available 24 hours each day Jeffrey D. Boutin (GA) e.t., 365 days each year. If you want acknowledgment that we received your Douglas P. Chretien (LA) DEPARTMENT OF TRANSPORTATION Eugene V. Cost (ND) comments, please include a self- James R. Crump (VA) Federal Motor Carrier Safety addressed, stamped envelope or James G. Cucinotta (ME) Administration postcard or print the acknowledgement Bryan S. Davis (VA) page that appears after submitting [Docket No. FMCSA–2018–0202] Jeremy C. Durand (NY) comments online. Connie S. Erwin (TN) Privacy Act: In accordance with 5 Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments Brendan T Farnam (MA) Applications; Diabetes Mellitus Randall S. Feldt (IA) from the public to better inform its Travis E. Forrest (PA) AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these Robert R. Frost (PA) Administration (FMCSA), DOT. comments, without edit, including any personal information the commenter Alexander A. Hegyi (NJ) ACTION: Notice of applications for provides, to http://www.regulations.gov, Sergio Hernandez (IL) exemption; request for comments. Scotty A. Hill (NC) as described in the system of records Billie Hinton (NY) SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can Arild Johansen (ND) applications from 39 individuals for an be reviewed at http://www.dot.gov/ Kaleb N. Jones (IL) exemption from the prohibition in the privacy. Reginald Jones (NC) Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. Kevin R. Kerrigan (MI) Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical William R. Koepplin (ND) with insulin-treated diabetes mellitus Programs Division, (202) 366–4001, Jeff F. Kress (MN) (ITDM) operating a commercial motor [email protected], FMCSA, Eric J. Kuster (IA) vehicle (CMV) in interstate commerce. If Department of Transportation, 1200 Michael P. Labrosse (NY) granted, the exemptions would enable New Jersey Avenue SE, Room W64–224, Michael J. Mason (GA) these individuals with ITDM to operate Washington, DC 20590–0001. Office Chad W. Moore (MO) CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t., Walter N. Morphew, Jr. (IN) DATES: Comments must be received on Monday through Friday, except Federal Edward C. Mulvenna, Jr. (NJ) or before September 14, 2018. holidays. If you have questions

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regarding viewing or submitting diabetes mellitus, and be consistent Michael J. Beattie material to the docket, contact Docket with the criteria described in section Mr. Beattie, 60, has had ITDM since Services, telephone (202) 366–9826. 4018 of the Transportation Equity Act 2018. His endocrinologist examined him SUPPLEMENTARY INFORMATION: for the 21st Century (49 U.S.C. 31305). in 2018 and certified that he has had no I. Background Section 4129 requires: (1) Elimination of severe hypoglycemic reactions resulting the requirement for three years of in loss of consciousness, requiring the Under 49 U.S.C. 31136(e) and 31315, experience operating CMVs while being assistance of another person, or FMCSA may grant an exemption from treated with insulin; and (2) resulting in impaired cognitive function the FMCSRs for a five-year period if it establishment of a specified minimum that occurred without warning in the finds ‘‘such exemption would likely period of insulin use to demonstrate past 12 months and no recurrent (two or achieve a level of safety that is more) severe hypoglycemic episodes in equivalent to or greater than the level stable control of diabetes before being that would be achieved absent such allowed to operate a CMV. the last five years. His endocrinologist exemption.’’ The statute also allows the In response to section 4129, FMCSA certifies that Mr. Beattie understands Agency to renew exemptions at the end made immediate revisions to the diabetes management and monitoring, has stable control of his diabetes using of the five-year period. FMCSA grants diabetes exemption program established insulin, and is able to drive a CMV exemptions from the FMCSRs for a two- by the September 3, 2003 notice. safely. Mr. Beattie meets the year period to align with the maximum FMCSA discontinued use of the three- duration of a driver’s medical requirements of the vision standard at year driving experience and fulfilled the 49 CFR 391.41(b)(10). His optometrist certification. requirements of section 4129 while The 39 individuals listed in this examined him in 2018 and certified that continuing to ensure that operation of he does not have diabetic retinopathy. notice have requested an exemption CMVs by drivers with ITDM will from the diabetes prohibition in 49 CFR He holds a Class A CDL from Tennessee. achieve the requisite level of safety 391.41(b)(3). Accordingly, the Agency required of all exemptions granted Timothy W. Beeny will evaluate the qualifications of each applicant to determine whether granting under 49 U.S.C. 31136 (e). Section Mr. Beeny, 56, has had ITDM since the exemption will achieve the required 4129(d) also directed FMCSA to ensure 2018. His endocrinologist examined him level of safety mandated by statute. that drivers of CMVs with ITDM are not in 2018 and certified that he has had no The physical qualification standard held to a higher standard than other severe hypoglycemic reactions resulting for drivers regarding diabetes found in drivers, with the exception of limited in loss of consciousness, requiring the 49 CFR 391.41(b)(3) states that a person operating, monitoring and medical assistance of another person, or is physically qualified to drive a CMV requirements that are deemed medically resulting in impaired cognitive function if that person has no established necessary. The FMCSA concluded that that occurred without warning in the medical history or clinical diagnosis of all of the operating, monitoring and past 12 months and no recurrent (two or diabetes mellitus currently requiring medical requirements set out in the more) severe hypoglycemic episodes in insulin for control. The Agency September 3, 2003, notice, except as the last five years. His endocrinologist established the current requirement for modified, were in compliance with certifies that Mr. Beeny understands diabetes in 1970 because several risk section 4129(d). Therefore, all of the diabetes management and monitoring, studies indicated that drivers with requirements set out in the September 3, has stable control of his diabetes using diabetes had a higher rate of crash 2003, notice, except as modified by the insulin, and is able to drive a CMV involvement than the general notice in the Federal Register on safely. Mr. Beeny meets the population. November 8, 2005 (70 FR 67777), requirements of the vision standard at FMCSA established its diabetes remain in effect. 49 CFR 391.41(b)(10). His exemption program, based on the ophthalmologist examined him in 2018 Agency’s July 2000 study entitled ‘‘A II. Qualifications of Applicants and certified that he does not have Report to Congress on the Feasibility of diabetic retinopathy. He holds a Class A a Program to Qualify Individuals with Jeffrey L. Barton CDL from Kentucky. Insulin-Treated Diabetes Mellitus to Mr. Barton, 53, has had ITDM since Joseph A. Bradley Operate in Interstate Commerce as 2015. His endocrinologist examined him Mr. Bradley, 54, has had ITDM since Directed by the Transportation Act for in 2018 and certified that he has had no 2015. His endocrinologist examined him the 21st Century.’’ The report concluded severe hypoglycemic reactions resulting in 2018 and certified that he has had no that a safe and practicable protocol to in loss of consciousness, requiring the allow some drivers with ITDM to severe hypoglycemic reactions resulting assistance of another person, or operate CMVs is feasible. The in loss of consciousness, requiring the resulting in impaired cognitive function September 3, 2003 (68 FR 52441), assistance of another person, or that occurred without warning in the Federal Register notice in conjunction resulting in impaired cognitive function with the November 8, 2005 (70 FR past 12 months and no recurrent (two or that occurred without warning in the 67777), Federal Register notice provides more) severe hypoglycemic episodes in past 12 months and no recurrent (two or the current protocol for allowing such the last five years. His endocrinologist more) severe hypoglycemic episodes in drivers to operate CMVs in interstate certifies that Mr. Barton understands the last five years. His endocrinologist commerce. diabetes management and monitoring, certifies that Mr. Bradley understands FMCSA notes that section 4129 of the has stable control of his diabetes using diabetes management and monitoring, Safe, Accountable, Flexible and insulin, and is able to drive a CMV has stable control of his diabetes using Efficient Transportation Equity Act: A safely. Mr. Barton meets the insulin, and is able to drive a CMV Legacy for Users requires the Secretary requirements of the vision standard at safely. Mr. Bradley meets the to revise its diabetes exemption program 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at established on September 3, 2003 (68 FR examined him in 2018 and certified that 49 CFR 391.41(b)(10). His optometrist 52441). The revision must provide for he does not have diabetic retinopathy. examined him in 2018 and certified that individual assessment of drivers with He holds a Class A CDL from Kansas. he does not have diabetic retinopathy.

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He holds an operator’s license from optometrist examined him in 2018 and safely. Mr. Dattler meets the Indiana. certified that he does not have diabetic requirements of the vision standard at retinopathy. He holds an operator’s 49 CFR 391.41(b)(10). His optometrist Harold B. Bryan license from New York. examined him in 2018 and certified that Mr. Bryan, 25, has had ITDM since he does not have diabetic retinopathy. Victor J. Da-Chao 2016. His endocrinologist examined him He holds an operator’s license from in 2018 and certified that he has had no Mr. Da-Chao, 61, has had ITDM since Oregon. severe hypoglycemic reactions resulting 2009. His endocrinologist examined him in loss of consciousness, requiring the in 2018 and certified that he has had no Ellen M. Diggs assistance of another person, or severe hypoglycemic reactions resulting Ms. Diggs, 51, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 1994. Her endocrinologist examined her that occurred without warning in the assistance of another person, or in 2018 and certified that she has had past 12 months and no recurrent (two or resulting in impaired cognitive function no severe hypoglycemic reactions more) severe hypoglycemic episodes in that occurred without warning in the resulting in loss of consciousness, the last five years. His endocrinologist past 12 months and no recurrent (two or requiring the assistance of another certifies that Mr. Bryan understands more) severe hypoglycemic episodes in person, or resulting in impaired diabetes management and monitoring, the last five years. His endocrinologist cognitive function that occurred without has stable control of his diabetes using certifies that Mr. Da-Chao understands warning in the past 12 months and no insulin, and is able to drive a CMV diabetes management and monitoring, recurrent (two or more) severe safely. Mr. Bryan meets the has stable control of his diabetes using hypoglycemic episodes in the last five requirements of the vision standard at insulin, and is able to drive a CMV years. Her endocrinologist certifies that 49 CFR 391.41(b)(10). His optometrist safely. Mr. Da-Chao meets the Ms. Diggs understands diabetes examined him in 2018 and certified that requirements of the vision standard at management and monitoring, has stable he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His control of her diabetes using insulin, He holds a Class B CDL from Idaho. ophthalmologist examined him in 2018 and is able to drive a CMV safely. Ms. and certified that he does not have Diggs meets the requirements of the Javis B. Cruz diabetic retinopathy. He holds an vision standard at 49 CFR 391.41(b)(10). Mr. Cruz, 31, has had ITDM since operator’s license from Maryland. Her ophthalmologist examined her in 2018. His endocrinologist examined him 2018 and certified that she does not Timothy S. Danley in 2018 and certified that he has had no have diabetic retinopathy. She holds an severe hypoglycemic reactions resulting Mr. Danley, 50, has had ITDM since operator’s license from Kansas. in loss of consciousness, requiring the 2014. His endocrinologist examined him assistance of another person, or in 2018 and certified that he has had no Marven J. Finken resulting in impaired cognitive function severe hypoglycemic reactions resulting Mr. Finken, 53, has had ITDM since that occurred without warning in the in loss of consciousness, requiring the 2017. His endocrinologist examined him past 12 months and no recurrent (two or assistance of another person, or in 2018 and certified that he has had no more) severe hypoglycemic episodes in resulting in impaired cognitive function severe hypoglycemic reactions resulting the last five years. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the certifies that Mr. Cruz understands past 12 months and no recurrent (two or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in resulting in impaired cognitive function has stable control of his diabetes using the last five years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Danley understands past 12 months and no recurrent (two or safely. Mr. Cruz meets the requirements diabetes management and monitoring, more) severe hypoglycemic episodes in of the vision standard at 49 CFR has stable control of his diabetes using the last five years. His endocrinologist 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV certifies that Mr. Finken understands him in 2018 and certified that he does safely. Mr. Danley meets the diabetes management and monitoring, not have diabetic retinopathy. He holds requirements of the vision standard at has stable control of his diabetes using an operator’s license from New Mexico. 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV examined him in 2018 and certified that safely. Mr. Finken meets the Matthew A. Cunningham he does not have diabetic retinopathy. requirements of the vision standard at Mr. Cunningham, 57, has had ITDM He holds an operator’s license from 49 CFR 391.41(b)(10). His optometrist since 2016. His endocrinologist Texas. examined him in 2018 and certified that examined him in 2018 and certified that he does not have diabetic retinopathy. Richard G. Dattler, Jr. he has had no severe hypoglycemic He holds a Class A CDL from reactions resulting in loss of Mr. Dattler, 51, has had ITDM since Minnesota. consciousness, requiring the assistance 2015. His endocrinologist examined him of another person, or resulting in in 2018 and certified that he has had no Randie S. Fisher, Jr. impaired cognitive function that severe hypoglycemic reactions resulting Mr. Fisher, 22, has had ITDM since occurred without warning in the past 12 in loss of consciousness, requiring the 2008. His endocrinologist examined him months and no recurrent (two or more) assistance of another person, or in 2018 and certified that he has had no severe hypoglycemic episodes in the resulting in impaired cognitive function severe hypoglycemic reactions resulting last five years. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the certifies that Mr. Cunningham past 12 months and no recurrent (two or assistance of another person, or understands diabetes management and more) severe hypoglycemic episodes in resulting in impaired cognitive function monitoring, has stable control of his the last five years. His endocrinologist that occurred without warning in the diabetes using insulin, and is able to certifies that Mr. Dattler understands past 12 months and no recurrent (two or drive a CMV safely. Mr. Cunningham diabetes management and monitoring, more) severe hypoglycemic episodes in meets the requirements of the vision has stable control of his diabetes using the last five years. His endocrinologist standard at 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV certifies that Mr. Fisher understands

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diabetes management and monitoring, more) severe hypoglycemic episodes in person, or resulting in impaired has stable control of his diabetes using the last five years. His endocrinologist cognitive function that occurred without insulin, and is able to drive a CMV certifies that Mr. Hamlin understands warning in the past 12 months and no safely. Mr. Fisher meets the diabetes management and monitoring, recurrent (two or more) severe requirements of the vision standard at has stable control of his diabetes using hypoglycemic episodes in the last five 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV years. Her endocrinologist certifies that examined him in 2018 and certified that safely. Mr. Hamlin meets the Ms. Hill understands diabetes he does not have diabetic retinopathy. requirements of the vision standard at management and monitoring, has stable He holds an operator’s license from 49 CFR 391.41(b)(10). His control of her diabetes using insulin, Missouri. ophthalmologist examined him in 2018 and is able to drive a CMV safely. Ms. and certified that he does not have Jason J. Fleisch Hill meets the requirements of the diabetic retinopathy. He holds a Class A vision standard at 49 CFR 391.41(b)(10). Mr. Fleisch, 43, has had ITDM since CDL from Maine. Her ophthalmologist examined her in 2017. His endocrinologist examined him Steven L. Hare, Jr. 2018 and certified that she has stable in 2018 and certified that he has had no nonproliferative diabetic retinopathy. severe hypoglycemic reactions resulting Mr. Hare, 26, has had ITDM since She holds an operator’s license from in loss of consciousness, requiring the 1997. His endocrinologist examined him Washington. assistance of another person, or in 2018 and certified that he has had no resulting in impaired cognitive function severe hypoglycemic reactions resulting Charles O. Hudson that occurred without warning in the in loss of consciousness, requiring the past 12 months and no recurrent (two or assistance of another person, or Mr. Hudson, 59, has had ITDM since more) severe hypoglycemic episodes in resulting in impaired cognitive function 2010. His endocrinologist examined him the last five years. His endocrinologist that occurred without warning in the in 2018 and certified that he has had no certifies that Mr. Fleisch understands past 12 months and no recurrent (two or severe hypoglycemic reactions resulting diabetes management and monitoring, more) severe hypoglycemic episodes in in loss of consciousness, requiring the has stable control of his diabetes using the last five years. His endocrinologist assistance of another person, or insulin, and is able to drive a CMV certifies that Mr. Hare understands resulting in impaired cognitive function safely. Mr. Fleisch meets the diabetes management and monitoring, that occurred without warning in the requirements of the vision standard at has stable control of his diabetes using past 12 months and no recurrent (two or 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV more) severe hypoglycemic episodes in examined him in 2018 and certified that safely. Mr. Hare meets the requirements the last five years. His endocrinologist he does not have diabetic retinopathy. of the vision standard at 49 CFR certifies that Mr. Hudson understands He holds an operator’s license from 391.41(b)(10). His optometrist examined diabetes management and monitoring, Pennsylvania. him in 2018 and certified that he does has stable control of his diabetes using not have diabetic retinopathy. He holds insulin, and is able to drive a CMV Ryan M. Galusha an operator’s license from North safely. Mr. Hudson meets the Mr. Galusha, 29, has had ITDM since Carolina. requirements of the vision standard at 2011. His endocrinologist examined him 49 CFR 391.41(b)(10). His Joshua R. Hedges in 2018 and certified that he has had no ophthalmologist examined him in 2018 severe hypoglycemic reactions resulting Mr. Hedges, 28, has had ITDM since and certified that he does not have in loss of consciousness, requiring the 2011. His endocrinologist examined him diabetic retinopathy. He holds a Class A assistance of another person, or in 2018 and certified that he has had no CDL from Tennessee. resulting in impaired cognitive function severe hypoglycemic reactions resulting that occurred without warning in the in loss of consciousness, requiring the James A. Keebaugh past 12 months and no recurrent (two or assistance of another person, or more) severe hypoglycemic episodes in resulting in impaired cognitive function Mr. Keebaugh, 57, has had ITDM the last five years. His endocrinologist that occurred without warning in the since 2011. His endocrinologist certifies that Mr. Galusha understands past 12 months and no recurrent (two or examined him in 2018 and certified that diabetes management and monitoring, more) severe hypoglycemic episodes in he has had no severe hypoglycemic has stable control of his diabetes using the last five years. His endocrinologist reactions resulting in loss of insulin, and is able to drive a CMV certifies that Mr. Hedges understands consciousness, requiring the assistance safely. Mr. Galusha meets the diabetes management and monitoring, of another person, or resulting in requirements of the vision standard at has stable control of his diabetes using impaired cognitive function that 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV occurred without warning in the past 12 examined him in 2018 and certified that safely. Mr. Hedges meets the months and no recurrent (two or more) he does not have diabetic retinopathy. requirements of the vision standard at severe hypoglycemic episodes in the He holds an operator’s license from New 49 CFR 391.41(b)(10). His optometrist last five years. His endocrinologist York. examined him in 2018 and certified that certifies that Mr. Keebaugh understands he does not have diabetic retinopathy. diabetes management and monitoring, Raymond M. Hamlin He holds an operator’s license from has stable control of his diabetes using Mr. Hamlin, 75, has had ITDM since Missouri. insulin, and is able to drive a CMV 2011. His endocrinologist examined him safely. Mr. Keebaugh meets the in 2018 and certified that he has had no Vicky L. Hill requirements of the vision standard at severe hypoglycemic reactions resulting Ms. Hill, 63, has had ITDM since 49 CFR 391.41(b)(10). His in loss of consciousness, requiring the 2010. Her endocrinologist examined her ophthalmologist examined him in 2018 assistance of another person, or in 2018 and certified that she has had and certified that he has stable resulting in impaired cognitive function no severe hypoglycemic reactions nonproliferative diabetic retinopathy. that occurred without warning in the resulting in loss of consciousness, He holds a Class B CDL from past 12 months and no recurrent (two or requiring the assistance of another Pennsylvania.

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Rein R. Kori He holds an operator’s license from requirements of the vision standard at Mr. Kori, 22, has had ITDM since Illinois. 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 2008. His endocrinologist examined him Andrew P. Metze and certified that he does not have in 2018 and certified that he has had no Mr. Metze, 25, has had ITDM since severe hypoglycemic reactions resulting diabetic retinopathy. He holds a Class A 2006. His endocrinologist examined him CDL from Massachusetts. in loss of consciousness, requiring the in 2018 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting Eugene G. Mueller resulting in impaired cognitive function in loss of consciousness, requiring the Mr. Mueller, 72, has had ITDM since that occurred without warning in the assistance of another person, or 1959. His endocrinologist examined him past 12 months and no recurrent (two or resulting in impaired cognitive function in 2018 and certified that he has had no more) severe hypoglycemic episodes in that occurred without warning in the severe hypoglycemic reactions resulting the last five years. His endocrinologist past 12 months and no recurrent (two or in loss of consciousness, requiring the certifies that Mr. Kori understands more) severe hypoglycemic episodes in assistance of another person, or diabetes management and monitoring, the last five years. His endocrinologist resulting in impaired cognitive function has stable control of his diabetes using certifies that Mr. Metze understands that occurred without warning in the insulin, and is able to drive a CMV diabetes management and monitoring, past 12 months and no recurrent (two or safely. Mr. Kori meets the requirements has stable control of his diabetes using more) severe hypoglycemic episodes in of the vision standard at 49 CFR insulin, and is able to drive a CMV the last five years. His endocrinologist 391.41(b)(10). His optometrist examined safely. Mr. Metze meets the certifies that Mr. Mueller understands him in 2018 and certified that he does requirements of the vision standard at diabetes management and monitoring, not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using an operator’s license from Tennessee. examined him in 2018 and certified that insulin, and is able to drive a CMV Thomas C. McGee he does not have diabetic retinopathy. safely. Mr. Mueller meets the He holds an operator’s license from requirements of the vision standard at Mr. McGee, 35, has had ITDM since South Carolina. 49 CFR 391.41(b)(10). His 2011. His endocrinologist examined him ophthalmologist examined him in 2018 Christopher J. Misner in 2018 and certified that he has had no and certified that he has stable severe hypoglycemic reactions resulting Mr. Misner, 42, has had ITDM since proliferative diabetic retinopathy. He in loss of consciousness, requiring the 1987. His endocrinologist examined him holds an operator’s license from assistance of another person, or in 2018 and certified that he has had no Wisconsin. resulting in impaired cognitive function severe hypoglycemic reactions resulting that occurred without warning in the in loss of consciousness, requiring the Reginald J. Pokorny past 12 months and no recurrent (two or assistance of another person, or Mr. Pokorny, 41, has had ITDM since more) severe hypoglycemic episodes in resulting in impaired cognitive function 2016. His endocrinologist examined him the last five years. His endocrinologist that occurred without warning in the in 2018 and certified that he has had no certifies that Mr. McGee understands past 12 months and no recurrent (two or severe hypoglycemic reactions resulting diabetes management and monitoring, more) severe hypoglycemic episodes in in loss of consciousness, requiring the has stable control of his diabetes using the last five years. His endocrinologist assistance of another person, or insulin, and is able to drive a CMV certifies that Mr. Misner understands resulting in impaired cognitive function safely. Mr. McGee meets the diabetes management and monitoring, that occurred without warning in the requirements of the vision standard at has stable control of his diabetes using past 12 months and no recurrent (two or 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV more) severe hypoglycemic episodes in examined him in 2018 and certified that safely. Mr. Misner meets the the last five years. His endocrinologist he does not have diabetic retinopathy. requirements of the vision standard at certifies that Mr. Pokorny understands He holds an operator’s license from 49 CFR 391.41(b)(10). His optometrist diabetes management and monitoring, South Carolina. examined him in 2018 and certified that has stable control of his diabetes using Anton Means he does not have diabetic retinopathy. insulin, and is able to drive a CMV He holds an operator’s license from safely. Mr. Pokorny meets the Mr. Means, 58, has had ITDM since Michigan. requirements of the vision standard at 2018. His endocrinologist examined him 49 CFR 391.41(b)(10). His optometrist Mohamed S. Mohamed in 2018 and certified that he has had no examined him in 2018 and certified that severe hypoglycemic reactions resulting Mr. Mohamed, 46, has had ITDM he does not have diabetic retinopathy. in loss of consciousness, requiring the since 2018. His endocrinologist He holds a Class A CDL from Nebraska. assistance of another person, or examined him in 2018 and certified that resulting in impaired cognitive function he has had no severe hypoglycemic Vernon C. Read that occurred without warning in the reactions resulting in loss of Mr. Read, 56, has had ITDM since past 12 months and no recurrent (two or consciousness, requiring the assistance 1985. His endocrinologist examined him more) severe hypoglycemic episodes in of another person, or resulting in in 2018 and certified that he has had no the last five years. His endocrinologist impaired cognitive function that severe hypoglycemic reactions resulting certifies that Mr. Means understands occurred without warning in the past 12 in loss of consciousness, requiring the diabetes management and monitoring, months and no recurrent (two or more) assistance of another person, or has stable control of his diabetes using severe hypoglycemic episodes in the resulting in impaired cognitive function insulin, and is able to drive a CMV last five years. His endocrinologist that occurred without warning in the safely. Mr. Means meets the certifies that Mr. Mohamed understands past 12 months and no recurrent (two or requirements of the vision standard at diabetes management and monitoring, more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using the last five years. His endocrinologist examined him in 2018 and certified that insulin, and is able to drive a CMV certifies that Mr. Read understands he does not have diabetic retinopathy. safely. Mr. Mohamed meets the diabetes management and monitoring,

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has stable control of his diabetes using more) severe hypoglycemic episodes in that occurred without warning in the insulin, and is able to drive a CMV the last five years. His endocrinologist past 12 months and no recurrent (two or safely. Mr. Read meets the requirements certifies that Mr. Sawyer understands more) severe hypoglycemic episodes in of the vision standard at 49 CFR diabetes management and monitoring, the last five years. His endocrinologist 391.41(b)(10). His ophthalmologist has stable control of his diabetes using certifies that Mr. Vanscoy understands examined him in 2018 and certified that insulin, and is able to drive a CMV diabetes management and monitoring, he has stable nonproliferative diabetic safely. Mr. Sawyer meets the has stable control of his diabetes using retinopathy. He holds an operator’s requirements of the vision standard at insulin, and is able to drive a CMV license from California. 49 CFR 391.41(b)(10). His safely. Mr. Vanscoy meets the ophthalmologist examined him in 2018 requirements of the vision standard at John W. Rosenthal and certified that he has stable 49 CFR 391.41(b)(10). His Mr. Rosenthal, 75, has had ITDM proliferative diabetic retinopathy. He ophthalmologist examined him in 2018 since 2014. His endocrinologist holds an operator’s license from Alaska. and certified that he has stable examined him in 2018 and certified that nonproliferative diabetic retinopathy. Justin G. Simpson he has had no severe hypoglycemic He holds a Class A CDL from Ohio. reactions resulting in loss of Mr. Simpson, 31, has had ITDM since consciousness, requiring the assistance 1999. His endocrinologist examined him Phillip M. Woods of another person, or resulting in in 2018 and certified that he has had no Mr. Woods, 59, has had ITDM since impaired cognitive function that severe hypoglycemic reactions resulting 2016. His endocrinologist examined him occurred without warning in the past 12 in loss of consciousness, requiring the in 2018 and certified that he has had no months and no recurrent (two or more) assistance of another person, or severe hypoglycemic reactions resulting severe hypoglycemic episodes in the resulting in impaired cognitive function in loss of consciousness, requiring the last five years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Rosenthal understands past 12 months and no recurrent (two or resulting in impaired cognitive function diabetes management and monitoring, more) severe hypoglycemic episodes in that occurred without warning in the has stable control of his diabetes using the last five years. His endocrinologist past 12 months and no recurrent (two or insulin, and is able to drive a CMV certifies that Mr. Simpson understands more) severe hypoglycemic episodes in safely. Mr. Rosenthal meets the diabetes management and monitoring, the last five years. His endocrinologist requirements of the vision standard at has stable control of his diabetes using certifies that Mr. Woods understands 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV diabetes management and monitoring, examined him in 2018 and certified that safely. Mr. Simpson meets the has stable control of his diabetes using he does not have diabetic retinopathy. requirements of the vision standard at insulin, and is able to drive a CMV He holds a Class B CDL from Idaho. 49 CFR 391.41(b)(10). His safely. Mr. Woods meets the ophthalmologist examined him in 2018 requirements of the vision standard at Steve A. Santamaria and certified that he does not have 49 CFR 391.41(b)(10). His Mr. Santamaria, 40, has had ITDM diabetic retinopathy. He holds an ophthalmologist examined him in 2018 since 2007. His endocrinologist operator’s license from Ohio. and certified that he has stable examined him in 2018 and certified that nonproliferative diabetic retinopathy. Jacob H. Turner he has had no severe hypoglycemic He holds a Class A CDL from Michigan. reactions resulting in loss of Mr. Turner, 24, has had ITDM since consciousness, requiring the assistance 2004. His endocrinologist examined him Robert W. Youdath of another person, or resulting in in 2018 and certified that he has had no Mr. Youdath, 34, has had ITDM since impaired cognitive function that severe hypoglycemic reactions resulting 1992. His endocrinologist examined him occurred without warning in the past 12 in loss of consciousness, requiring the in 2018 and certified that he has had no months and no recurrent (two or more) assistance of another person, or severe hypoglycemic reactions resulting severe hypoglycemic episodes in the resulting in impaired cognitive function in loss of consciousness, requiring the last five years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Santamaria past 12 months and no recurrent (two or resulting in impaired cognitive function understands diabetes management and more) severe hypoglycemic episodes in that occurred without warning in the monitoring, has stable control of his the last five years. His endocrinologist past 12 months and no recurrent (two or diabetes using insulin, and is able to certifies that Mr. Turner understands more) severe hypoglycemic episodes in drive a CMV safely. Mr. Santamaria diabetes management and monitoring, the last five years. His endocrinologist meets the requirements of the vision has stable control of his diabetes using certifies that Mr. Youdath understands standard at 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV diabetes management and monitoring, optometrist examined him in 2018 and safely. Mr. Turner meets the has stable control of his diabetes using certified that he does not have diabetic requirements of the vision standard at insulin, and is able to drive a CMV retinopathy. He holds an operator’s 49 CFR 391.41(b)(10). His optometrist safely. Mr. Youdath meets the license from Illinois. examined him in 2018 and certified that requirements of the vision standard at he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His Ricky J. Sawyer He holds a Class A CDL from Arkansas. ophthalmologist examined him in 2018 Mr. Sawyer, 33, has had ITDM since and certified that he does not have Chad E. Vanscoy 1987. His endocrinologist examined him diabetic retinopathy. He holds a Class B in 2018 and certified that he has had no Mr. Vanscoy, 47, has had ITDM since CDL from Ohio. severe hypoglycemic reactions resulting 2012. His endocrinologist examined him in loss of consciousness, requiring the in 2018 and certified that he has had no Brian D. Zoll assistance of another person, or severe hypoglycemic reactions resulting Mr. Zoll, 53, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2017. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2018 and certified that he has had no past 12 months and no recurrent (two or resulting in impaired cognitive function severe hypoglycemic reactions resulting

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in loss of consciousness, requiring the go to http://www.regulations.gov and in 5 p.m., e.t., Monday through Friday, assistance of another person, or the search box insert the docket number except Federal holidays. resulting in impaired cognitive function FMCSA–2018–0202 and click ‘‘Search.’’ Privacy Act: In accordance with 5 that occurred without warning in the Next, click ‘‘Open Docket Folder’’ and U.S.C. 553(c), DOT solicits comments past 12 months and no recurrent (two or you will find all documents and from the public to better inform its more) severe hypoglycemic episodes in comments related to this notice. rulemaking process. DOT posts these the last five years. His endocrinologist Issued on: August 9, 2018. comments, without edit, including any certifies that Mr. Zoll understands personal information the commenter Larry W. Minor, diabetes management and monitoring, provides, to http://www.regulations.gov, has stable control of his diabetes using Associate Administrator for Policy. as described in the system of records insulin, and is able to drive a CMV [FR Doc. 2018–17591 Filed 8–14–18; 8:45 am] notice (DOT/ALL–14 FDMS), which can safely. Mr. Zoll meets the requirements BILLING CODE 4910–EX–P be reviewed at http://www.dot.gov/ of the vision standard at 49 CFR privacy. 391.41(b)(10). His optometrist examined DEPARTMENT OF TRANSPORTATION II. Background him in 2018 and certified that he does On June 18, 2018, FMCSA published not have diabetic retinopathy. He holds Federal Motor Carrier Safety a notice announcing receipt of a Class A CDL from Ohio. Administration applications from 11 individuals III. Request for Comments [Docket No. FMCSA–2018–0013] requesting an exemption from vision In accordance with 49 U.S.C. 31136(e) requirement in 49 CFR 391.41(b)(10) and 31315, FMCSA requests public Qualification of Drivers; Exemption and requested comments from the comment from all interested persons on Applications; Vision public (83 FR 28335). The public the exemption petitions described in AGENCY: Federal Motor Carrier Safety comment period ended on July 18, 2018, this notice. We will consider all Administration (FMCSA), DOT. and no comments were received. comments received before the close of FMCSA has evaluated the eligibility ACTION: Notice of final disposition. business on the closing date indicated of these applicants and determined that in the dates section of the notice. SUMMARY: FMCSA announces its granting the exemptions to these individuals would achieve a level of IV. Submitting Comments decision to exempt 11 individuals from the vision requirement in the Federal safety equivalent to or greater than the You may submit your comments and Motor Carrier Safety Regulations level that would be achieved by material online or by fax, mail, or hand (FMCSRs) to operate a commercial complying with the current regulation delivery, but please use only one of motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10). these means. FMCSA recommends that commerce. They are unable to meet the The physical qualification standard you include your name and a mailing vision requirement in one eye for for drivers regarding vision found in 49 address, an email address, or a phone various reasons. The exemptions enable CFR 391.41(b)(10) states that a person is number in the body of your document these individuals to operate CMVs in physically qualified to drive a CMV if so that FMCSA can contact you if there interstate commerce without meeting that person has distant visual acuity of are questions regarding your the vision requirement in one eye. at least 20/40 (Snellen) in each eye submission. without corrective lenses or visual DATES: The exemptions were applicable To submit your comment online, go to acuity separately corrected to 20/40 on July 19, 2018. The exemptions expire http://www.regulations.gov and in the (Snellen) or better with corrective on July 19, 2020. search box insert the docket number lenses, distant binocular acuity of a least FMCSA–2018–0202 and click the search FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) in both eyes with or button. When the new screen appears, Christine A. Hydock, Chief, Medical without corrective lenses, field of vision click on the blue ‘‘Comment Now!’’ Programs Division, (202) 366–4001, of at least 70° in the horizontal meridian button on the right hand side of the [email protected], FMCSA, in each eye, and the ability to recognize page. On the new page, enter Department of Transportation, 1200 the colors of traffic signals and devices information required including the New Jersey Avenue SE, Room W64–224, showing red, green, and amber. specific section of this document to Washington, DC 20590–0001. Office which each comment applies, and hours are from 8:30 a.m. to 5 p.m., e.t., III. Discussion of Comments provide a reason for each suggestion or Monday through Friday, except Federal FMCSA received no comments in this recommendation. If you submit your holidays. If you have questions proceeding. comments by mail or hand delivery, regarding viewing or submitting IV. Basis for Exemption Determination submit them in an unbound format, no material to the docket, contact Docket larger than 81⁄2 by 11 inches, suitable for Services, telephone (202) 366–9826. Under 49 U.S.C. 31136(e) and 31315, copying and electronic filing. If you SUPPLEMENTARY INFORMATION: FMCSA may grant an exemption from the vision standard in 49 CFR submit comments by mail and would I. Electronic Access like to know that they reached the 391.41(b)(10) if the exemption is likely facility, please enclose a stamped, self- You may see all the comments online to achieve an equivalent or greater level addressed postcard or envelope. through the Federal Document of safety than would be achieved We will consider all comments and Management System (FDMS) at http:// without the exemption. The exemption materials received during the comment www.regulations.gov. allows applicants to operate CMVs in period. FMCSA may issue a final Docket: For access to the docket to interstate commerce. determination at any time after the close read background documents or The Agency’s decision regarding these of the comment period. comments, go to http:// exemption applications is based on www.regulations.gov and/or Room medical reports about the applicants’ V. Viewing Comments and Documents W12–140 on the ground level of the vision as well as their driving records To view comments, as well as any West Building, 1200 New Jersey Avenue and experience driving with the vision documents mentioned in this preamble, SE, Washington, DC, between 9 a.m. and deficiency. The qualifications,

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experience, and medical condition of likelihood that they have adapted their In accordance with 49 U.S.C. 31136(e) each applicant were stated and driving skills to accommodate their and 31315, each exemption will be valid discussed in detail in the June 18, 2018, condition. As the applicants’ ample for two years from the effective date Federal Register notice (83 FR 28335) driving histories with their vision unless revoked earlier by FMCSA. The and will not be repeated in this notice. deficiencies are good predictors of exemption will be revoked if the FMCSA recognizes that some drivers future performance, FMCSA concludes following occurs: (1) The person fails to do not meet the vision requirement but their ability to drive safely can be comply with the terms and conditions have adapted their driving to projected into the future. of the exemption; (2) the exemption has accommodate their limitation and Consequently, FMCSA finds that in resulted in a lower level of safety than demonstrated their ability to drive each case exempting these applicants was maintained prior to being granted; safely. The 11 exemption applicants from the vision requirement in 49 CFR or (3) continuation of the exemption listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level would not be consistent with the goals They are unable to meet the vision of safety equal to that existing without and objectives of 49 U.S.C. 31136 and requirement in one eye for various the exemption. 31315. reasons, including amblyopia, aphakia, Issued on: August 8, 2018. complete loss of vision, glaucoma, V. Conditions and Requirements macular degeneration, macular scar, The terms and conditions of the Larry W. Minor, prosthesis, and retinal scarring. In most exemption are provided to the Associate Administrator for Policy. cases, their eye conditions were not applicants in the exemption document [FR Doc. 2018–17599 Filed 8–14–18; 8:45 am] recently developed. Seven of the and includes the following: (1) Each BILLING CODE 4910–EX–P applicants were either born with their driver must be physically examined vision impairments or have had them every year (a) by an ophthalmologist or since childhood. The four individuals optometrist who attests that the vision DEPARTMENT OF TRANSPORTATION that sustained their vision conditions as in the better eye continues to meet the Federal Motor Carrier Safety adults have had it for a range of 4 to 17 standard in 49 CFR 391.41(b)(10) and (b) Administration years. Although each applicant has one by a certified Medical Examiner who eye which does not meet the vision attests that the individual is otherwise requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR [Docket No. FMCSA–2018–0242] each has at least 20/40 corrected vision 391.41; (2) each driver must provide a Qualification of Drivers; Exemption in the other eye, and in a doctor’s copy of the ophthalmologist’s or opinion, has sufficient vision to perform Applications; Implantable Cardioverter optometrist’s report to the Medical Defibrillators all the tasks necessary to operate a CMV. Examiner at the time of the annual Doctors’ opinions are supported by medical examination; and (3) each AGENCY: Federal Motor Carrier Safety the applicants’ possession of a valid driver must provide a copy of the Administration (FMCSA), DOT. license to operate a CMV. By meeting annual medical certification to the ACTION: State licensing requirements, the Notice of applications for employer for retention in the driver’s exemption; request for comments. applicants demonstrated their ability to qualification file, or keep a copy in his/ operate a CMV, with their limited vision her driver’s qualification file if he/she is SUMMARY: FMCSA announces receipt of in intrastate commerce, even though self-employed. The driver must also applications from four individuals for their vision disqualified them from have a copy of the exemption when an exemption from the prohibition in driving in interstate commerce. We driving, for presentation to a duly the Federal Motor Carrier Safety believe that the applicants’ intrastate authorized Federal, State, or local Regulations (FMCSRs) against operation driving experience and history provide enforcement official. of a commercial motor vehicle (CMV) by an adequate basis for predicting their persons with a current clinical diagnosis VI. Preemption ability to drive safely in interstate of myocardial infarction, angina commerce. Intrastate driving, like During the period the exemption is in pectoris, coronary insufficiency, interstate operations, involves effect, no State shall enforce any law or thrombosis, or any other cardiovascular substantial driving on highways on the regulation that conflicts with this disease of a variety known to be interstate system and on other roads exemption with respect to a person accompanied by syncope, dyspnea, built to interstate standards. Moreover, operating under the exemption. collapse, or congestive heart failure. If driving in congested urban areas VII. Conclusion granted, the exemptions would enable exposes the driver to more pedestrian these individuals with implantable and vehicular traffic than exists on Based upon its evaluation of the 11 cardioverter defibrillators (ICDs) to interstate highways. Faster reaction to exemption applications, FMCSA operate CMVs in interstate commerce. traffic and traffic signals is generally exempts the following drivers from the DATES: Comments must be received on required because distances between vision requirement, 49 CFR or before September 14, 2018. them are more compact. These 391.41(b)(10), subject to the conditions tax visual capacity and requirements cited above: ADDRESSES: You may submit comments driver response just as intensely as Scott B. Barker (WA) bearing the Federal Docket Management interstate driving conditions. Christopher L. Binkley (NH) System (FDMS) Docket ID FMCSA– The applicants in this notice have Darrell B. Emery (TX) 2018–0242 using any of the following driven CMVs with their limited vision Louis D. Faw (NC) methods: • in careers ranging for 4 to 81 years. In Troy L. Hargrave (MO) Federal eRulemaking Portal: Go to the past three years, one driver was Randall J. Kau (WI) http://www.regulations.gov. Follow the involved in a crash, and no drivers were James M. O’Brien (MA) online instructions for submitting convicted of moving violations in Patrick A. Piekkola (SD) comments. CMVs. All the applicants achieved a Marco A. Pinto (NY) • Mail: Docket Management Facility; record of safety while driving with their Andrew R. Sampson, Jr. (MD) U.S. Department of Transportation, 1200 vision impairment, demonstrating the Khamla Vongvoraseng (NC) New Jersey Avenue SE, West Building

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Ground Floor, Room W12–140, that would be achieved absent such syncope/syncope, or chest pain. The Washington, DC 20590–0001. exemption.’’ The statute also allows the letter further states that since ICD • Hand Delivery: West Building Agency to renew exemptions at the end placement in 2014, he has never Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants needed/received deployment of his New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two- defibrillator and receives ICD checks DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum every 3–6 months. Monday through Friday, except Federal duration of a driver’s medical Terry W. Meredith Holidays. certification. • Fax: 1–202–493–2251. The four individuals listed in this Mr. Meredith is a 56 year old driver Instructions: Each submission must notice have requested an exemption in Tennessee. An April 2018, letter from include the Agency name and the from 49 CFR 391.41(b)(4). Accordingly, his cardiologist states that his ICD was docket number for this notice. Note that the Agency will evaluate the implanted in June 2016, and he has all comments received will be posted qualifications of each applicant to never received therapy from his device. without change to http:// determine whether granting the His measured ejection fraction was 30% www.regulations.gov, including any exemption will achieve the required in June 2017, and was 50–55% after a personal information provided. Please level of safety mandated by statute. recheck in October 2017. see the Privacy Act heading below for The physical qualification standard Grady C. Stone further information. found in 49 CFR 391.41(b)(4) states that Docket: For access to the docket to a person is physically qualified to drive Mr. Stone is a 67 year old driver in read background documents or a CMV if that person has no current Georgia. An April 2018, letter from his comments, go to http:// clinical diagnosis of myocardial cardiologist states that his ICD was www.regulations.gov, at any time or infarction, angina pectoris, coronary implanted in September 2017, and since Room W12–140 on the ground level of insufficiency, thrombosis, or any other the device implantation, he has not had the West Building, 1200 New Jersey cardiovascular disease of a variety any arrhythmias detected. Avenue SE, Washington, DC, between 9 known to be accompanied by syncope, III. Request for Comments a.m. and 5 p.m., e.t., Monday through dyspnea, collapse, or congestive cardiac In accordance with 49 U.S.C. 31136(e) Friday, except Federal holidays. The failure. and 31315, FMCSA requests public FDMS is available 24 hours each day, In addition to the regulations, FMCSA comment from all interested persons on 365 days each year. If you want has published advisory criteria 1 to the exemption petitions described in acknowledgment that we received your assist Medical Examiners in this notice. We will consider all comments, please include a self- determining whether drivers with comments received before the close of addressed, stamped envelope or certain medical conditions are qualified business on the closing date indicated postcard or print the acknowledgement to operate a CMV in interstate in the dates section of the notice. page that appears after submitting commerce. [49 CFR part 391, comments online. APPENDIX A TO PART 391—MEDICAL IV. Submitting Comments Privacy Act: In accordance with 5 ADVISORY CRITERIA, section D. You may submit your comments and U.S.C. 553(c), DOT solicits comments Cardiovascular: § 391.41(b)(4), material online or by fax, mail, or hand from the public to better inform its paragraph 4.] The advisory criteria delivery, but please use only one of rulemaking process. DOT posts these states that ICDs are disqualifying due to these means. FMCSA recommends that comments, without edit, including any risk of syncope. you include your name and a mailing personal information the commenter address, an email address, or a phone provides, to http://www.regulations.gov, II. Qualifications of Applicants number in the body of your document as described in the system records David Christiansen so that FMCSA can contact you if there notice (DOT/ALL–14 FDMS), which can are questions regarding your be reviewed at http://www.dot.gov/ Mr. Christiansen is a 42 year old submission. privacy. driver in Illinois. A May 2018, report from his cardiologist indicates that Mr. To submit your comment online, go to FOR FURTHER INFORMATION CONTACT: Ms. Christiansen’s ICD was implanted in http://www.regulations.gov and in the Christine A. Hydock, Chief, Medical May of 2017, and that after a corrective search box insert the docket number Programs Division, (202) 366–4001, procedure, he has experienced no FMCSA–2018–0242 and click the search [email protected], FMCSA, recurrence of arrhythmia on button. When the new screen appears, Department of Transportation, 1200 interrogation of his ICD which provides click on the blue ‘‘Comment Now!’’ New Jersey Avenue SE, Room W64– ‘‘24/7’’ assessment for recurrence. button on the right hand side of the 224,Washington, DC 20590–0001. Office page. On the new page, enter hours are from 8:30 a.m. to 5 p.m., e.t., Christopher G. Harville information required including the Monday through Friday, except Federal Mr. Harville is a 37 year old Class B specific section of this document to holidays. If you have questions CDL holder in South Carolina. An which each comment applies, and regarding viewing or submitting undated letter from Mr. Harville’s provide a reason for each suggestion or material to the docket, contact Docket cardiologist reports that his ICD was recommendation. If you submit your Services, telephone (202) 366–9826. implanted in May 2014, and that as of comments by mail or hand delivery, SUPPLEMENTARY INFORMATION: September 2017, he has remained submit them in an unbound format, no asymptomatic, without complaints of larger than 81⁄2 by 11 inches, suitable for I. Background dizziness, lightheadedness, near copying and electronic filing. If you Under 49 U.S.C. 31136(e) and 31315, submit comments by mail and would FMCSA may grant an exemption from 1 See http://www.ecfr.gov/cgi-bin/text- like to know that they reached the the FMCSRs for a five-year period if it idx?SID=e47b48a9ea42dd67d999246e23d97970 facility, please enclose a stamped, self- &mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_ finds ‘‘such exemption would likely 171.a and https://www.gpo.gov/fdsys/pkg/CFR- addressed postcard or envelope. achieve a level of safety that is 2015-title49-vol5/pdf/CFR-2015-title49-vol5- We will consider all comments and equivalent to or greater than the level part391-appA.pdf. materials received during the comment

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period. FMCSA may issue a final petition, is available for review online at privacyNotice for the privacy notice of determination any time after the close of www.regulations.gov and in person at regulations.gov. the comment period. the U.S. Department of Transportation’s John K. Alexy, (DOT) Docket Operations Facility, 1200 V. Viewing Comments and Documents Deputy Associate Administrator for Railroad New Jersey Avenue SE, W12–140, Safety. To view comments, as well as any Washington, DC 20590. The Docket documents mentioned in this preamble, [FR Doc. 2018–17516 Filed 8–14–18; 8:45 am] Operations Facility is open from 9 a.m. go to http://www.regulations.gov and in BILLING CODE 4910–06–P to 5 p.m., Monday through Friday, the search box insert the docket number FMCSA–2018–0242 and click ‘‘Search.’’ except Federal Holidays. Next, click ‘‘Open Docket Folder’’ and Interested parties are invited to DEPARTMENT OF THE TREASURY you will find all documents and participate in these proceedings by comments related to this notice. submitting written views, data, or Agency Information Collection Activities; Submission for OMB Issued on: August 8, 2018. comments. FRA does not anticipate Review; Comment Request; Multiple Larry W. Minor, scheduling a public hearing in connection with these proceedings since Tax and Trade Bureau Information Associate Administrator for Policy. Collection Requests [FR Doc. 2018–17567 Filed 8–14–18; 8:45 am] the facts do not appear to warrant a hearing. If any interested parties desire BILLING CODE 4910–EX–P AGENCY: Departmental Offices, U.S. an opportunity for oral comment and a Department of the Treasury. public hearing, they should notify FRA, ACTION: Notice. DEPARTMENT OF TRANSPORTATION in writing, before the end of the comment period and specify the basis SUMMARY: The Department of the Federal Railroad Administration for their request. Treasury will submit the following information collection requests to the [Docket Number FRA–2018–0059] All communications concerning these Office of Management and Budget proceedings should identify the Petition for Waiver of Compliance (OMB) for review and clearance in appropriate docket number and may be accordance with the Paperwork Under part 211 of Title 49 of the Code submitted by any of the following Reduction Act of 1995, on or after the of Federal Regulations (CFR), this methods: date of publication of this notice. The document provides the public notice • Website: http:// public is invited to submit comments on that on July 26, 2018, the Grand Canyon www.regulations.gov. Follow the online these requests. Railway (GCRY) has petitioned the instructions for submitting comments. DATES: Comments should be received on Federal Railroad Administration (FRA) • Fax: 202–493–2251. or before September 14, 2018 to be for a waiver of compliance from certain assured of consideration. provisions of the Federal railroad safety • Mail: Docket Operations Facility, ADDRESSES: Send comments regarding regulations contained at 49 CFR part U.S. Department of Transportation, 1200 the burden estimate, or any other aspect 230, Steam Locomotive Inspection and New Jersey Avenue SE, W12–140, of the information collection, including Maintenance Standards. FRA assigned Washington, DC 20590. the petition docket number FRA–2018– suggestions for reducing the burden, to • Hand Delivery: 1200 New Jersey 0059. GCRY maintains and operates No. (1) Office of Information and Regulatory 29, a 2–8–0 ‘‘Consolidation’’ type steam Avenue SE, Room W12–140, Affairs, Office of Management and locomotive built by the American Washington, DC 20590, between 9 a.m. Budget, Attention: Desk Officer for Locomotive Works in 1906 for the Lake and 5 p.m., Monday through Friday, Treasury, New Executive Office except Federal Holidays. Building, Room 10235, Washington, DC Superior & Ishpeming Railroad. GCRY _ occasionally operates No. 29 to pull Communications received by October 20503, or email at OIRA Submission@ OMB.EOP.gov and (2) Treasury PRA excursion trains from Williams, AZ, to 1, 2018 will be considered by FRA Clearance Officer, 1750 Pennsylvania the Depot at the rim of the Grand before final action is taken. Comments Canyon. Ave. NW, Suite 8142, Washington, DC received after that date will be 20220, or email at [email protected]. GCRY requests relief from performing considered if practicable. the 1,472 service day inspection (SDI), FOR FURTHER INFORMATION CONTACT: for No. 29, as it pertains to the Anyone can search the electronic Copies of the submissions may be inspection of the boiler every 15 form of any written communications obtained from Jennifer Quintana by calendar years or 1,472 service days. See and comments received into any of our emailing [email protected], calling 49 CFR 230.17. This relief would extend dockets by the name of the individual (202) 622–0489, or viewing the entire the inspection date from May 2, 2019, submitting the comment (or signing the information collection request at to the completion of the GCRY operating document, if submitted on behalf of an www.reginfo.gov. season on October 31, 2019. It is association, business, labor union, etc.). SUPPLEMENTARY INFORMATION: expected that they would accrue Under 5 U.S.C. 553(c), DOT solicits approximately 15 service days during comments from the public to better Alcohol and Tobacco Tax and Trade this extension period. At the last annual inform its processes. DOT posts these Bureau (TTB) inspection, the locomotive accrued 410 comments, without edit, including any Title: Drawback on Distilled Spirits service days toward the allowable 1,472 personal information the commenter Exported. service days. GCRY also requests relief provides, to www.regulations.gov, as OMB Control Number: 1513–0042. from performing the annual inspection described in the system of records Type of Review: Revision of a required by 49 CFR 230.16. This relief notice (DOT/ALL–14 FDMS), which can currently approved collection. Abstract: Under the Internal Revenue would extend the current annual be reviewed at https:// Code (IRC) at 26 U.S.C. 5062, persons inspection by only 15 service days. www.transportation.gov/privacy. See A copy of the petition, as well as any who export tax-paid distilled spirits also https://www.regulations.gov/ written communications concerning the may claim drawback of the excise tax

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paid on those spirits, under regulations plant without payment of the internal to Federal excise tax under the IRC, prescribed by the Secretary of the revenue tax imposed on such spirits. tobacco products subject to such taxes Treasury (the Secretary). Under the TTB The IRC at 26 U.S.C. 5314 also states may be manufactured using processed regulations, persons use TTB F 5110.30 that spirits may be withdrawn from the tobacco. To protect the revenue by to claim drawback of the Federal bonded premises of a distilled spirits minimizing diversion of processed alcohol excise taxes paid on exported plant in Puerto Rico pursuant to an tobacco to illegal manufacturers, TTB distilled spirits. The form requests, authorization issued under the laws of has issued regulations that require among other information, data regarding Puerto Rico. Under those IRC persons holding TTB permits as the claimant, the tax-paid spirits authorities, TTB has issued regulations importers or manufacturers of processed exported, and the amount of tax to be in 27 CFR part 26, Liquors and Articles tobacco or tobacco products to report all refunded. This information collection is from Puerto Rico and the Virgin Islands, removals, transfers, or sales of processed necessary to protect the revenue as it which require respondents to use form tobacco made for export or for shipment allows TTB to verify that the excise tax TTB F 5110.31 to apply for and receive to any domestic entity that does not has been paid on the spirits and that the permission to ship Puerto Rican hold a such a permit or a permit to spirits have been exported. distilled spirits to the United States operate as an export warehouse Form: TTB F 5110.30. without payment of Federal excise tax. proprietor. In general, respondents must Affected Public: Businesses or other The form identifies the specific spirits report each such shipment by the close for-profits. to be shipped, the amount of spirits of the next business day using form TTB Estimated Total Annual Burden shipped and received, and the F 5250.2. However, exporters may apply Hours: 800. shipment’s consignor in Puerto Rico and to TTB to report removals made for Title: Application and Permit to Ship consignee in the United States. The export using a monthly summary report. Puerto Rican Spirits to the United States collected information is necessary to TTB F 5250.2 and the monthly summary without Payment of Tax. protect the revenue. report require information identifying OMB Control Number: 1513–0043. Form: TTB F 5110.31. the TTB permit holder making the Type of Review: Extension without Affected Public: Businesses or other processed tobacco shipment, the type change of a currently approved for-profits. and quantity of processed tobacco collection. Estimated Total Annual Burden shipped, the person(s) purchasing (or Abstract: The Internal Revenue Code Hours: 375. receiving) and delivering the processed (IRC) at 26 U.S.C. 7652 imposes on Title: Reports of Removal, Transfer, or tobacco, and the destination address of Puerto Rican distilled spirits shipped to Sale of Processed Tobacco. the shipment. the United States for consumption or OMB Control Number: 1513–0130. Form: TTB F 5250.2. sale a tax equal to the internal revenue Type of Review: Revision of a Affected Public: Businesses or other tax (excise tax) imposed in the United currently approved collection. for-profits. States on distilled spirits of domestic Abstract: The Internal Revenue Code Estimated Total Annual Burden manufacture. However, the IRC at 26 at 26 U.S.C. 5722 requires importers and Hours: 1,613. U.S.C. 5232 provides that distilled manufacturers of tobacco products, Authority: 44 U.S.C. 3501 et seq. spirits imported or brought into the processed tobacco, or cigarette papers United States in bulk containers may, and tubes to make reports containing Dated: August 10, 2018. under regulations prescribed by the such information, in such form, at such Spencer W. Clark, Secretary, be withdrawn from Customs times, and for such periods as the Treasury PRA Clearance Officer. custody and transferred to the bonded Secretary by regulation prescribes. [FR Doc. 2018–17581 Filed 8–14–18; 8:45 am] premises of a domestic distilled spirits While processed tobacco is not subject BILLING CODE 4810–31–P

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Reader Aids Federal Register Vol. 83, No. 158 Wednesday, August 15, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 977...... 39323 Presidential Documents 3 CFR 978...... 39323 Executive orders and proclamations 741–6000 Proclamations: 979...... 39323 The United States Government Manual 741–6000 9693 (Amended by 980...... 39323 Proc. 9771) ...... 37993 Other Services 981...... 39323 9771...... 37993 982...... 39323 Electronic and on-line services (voice) 741–6020 9772...... 40429 983...... 39323 Privacy Act Compilation 741–6050 Executive Orders: 984...... 39323 Public Laws Update Service (numbers, dates, etc.) 741–6043 13628 (Revoked and 985...... 39323 superseded by 986...... 39323 13846) ...... 38939 ELECTRONIC RESEARCH 987...... 39323 13716 (Revoked and 988...... 39323 World Wide Web superseded by 989...... 39323 13846) ...... 38939 990...... 39323 Full text of the daily Federal Register, CFR and other publications 13846...... 38939 991...... 39323 is located at: www.fdsys.gov. Administrative Orders: 992...... 39323 Federal Register information and research tools, including Public Presidential 993...... 39323 Inspection List, indexes, and Code of Federal Regulations are Determinations: 994...... 39323 located at: www.ofr.gov. No. 2018–10 of July 995...... 39323 20, 2018 ...... 39579 996...... 39323 E-mail Notices: 997...... 39323 998...... 39323 FEDREGTOC (Daily Federal Register Table of Contents Electronic Notice of August 8, 999...... 39323 Mailing List) is an open e-mail service that provides subscribers 2018 ...... 39871 1200...... 39323 with a digital form of the Federal Register Table of Contents. The 7 CFR 1206...... 39323 digital form of the Federal Register Table of Contents includes 1223...... 39323 HTML and PDF links to the full text of each document. Proposed Rules: 52...... 39917 1261...... 39323 To join or leave, go to https://public.govdelivery.com/accounts/ 205...... 39376 Proposed Rules: USGPOOFR/subscriber/new, enter your email address, then 308...... 38080 follow the instructions to join, leave, or manage your 9 CFR 327...... 38080 subscription. 53...... 40433 701...... 39622 702...... 38997 PENS (Public Law Electronic Notification Service) is an e-mail 10 CFR service that notifies subscribers of recently enacted laws. 1206...... 38085 429...... 39873 1240...... 38085 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 1750...... 38085 and select Join or leave the list (or change settings); then follow 460...... 38073 the instructions. 830...... 38982 14 CFR FEDREGTOC and PENS are mailing lists only. We cannot 23...... 38011 respond to specific inquiries. 12 CFR 39 ...... 38014, 38245, 38247, Reference questions. Send questions and comments about the 252...... 38460 38250, 38657, 38951, 38953, Federal Register system to: [email protected] 900...... 39323 38957, 38959, 39326, 39581, 906...... 39323 39874, 40438, 40443, 40445 The Federal Register staff cannot interpret specific documents or 956...... 39323 71 ...... 37421, 37422, 38016, regulations. 957...... 39323 38253, 39583, 39584, 39586, CFR Checklist. Effective January 1, 2009, the CFR Checklist no 958...... 39323 39587 longer appears in the Federal Register. This information can be 959...... 39323 Proposed Rules: found online at http://bookstore.gpo.gov/. 960...... 39323 39 ...... 37764, 37766, 37768, 961...... 39323 37771, 38086, 38088, 38091, FEDERAL REGISTER PAGES AND DATE, AUGUST 962...... 39323 38096, 39004, 39007, 39377, 963...... 39323 39380, 39382, 39626, 39628, 37421–37734...... 1 964...... 39323 39630, 39633, 39918, 40159, 37735–38010...... 2 965...... 39323 40161 38011–38244...... 3 966...... 39323 71 ...... 37773, 37774, 37776, 38245–38656...... 6 967...... 39323 37778, 38098, 39384, 39386 968...... 39323 38657–38950...... 7 969...... 39323 15 CFR 38951–39322...... 8 970...... 39323 4...... 39588 39323–39580...... 9 971...... 39323 738...... 38018 39581–39870...... 10 972...... 39323 740...... 38018, 38021 39871–40148...... 13 973...... 39323 743...... 38018 40149–40428...... 14 974...... 39323 744...... 37423 40429–40652...... 15 975...... 39323 758...... 38018 976...... 39323 772...... 38018

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Proposed Rules: 29 CFR 40 CFR Proposed Rules: 774...... 39921 1910...... 39351 9...... 37702 59...... 38676 61...... 38676 17 CFR 2590...... 38212 52 ...... 37434, 37435, 37437, 4022...... 40453 38033, 38261, 38964, 38968, 62...... 38676 232...... 38768 39365, 39600, 39888, 39890, 240...... 38768 32 CFR 39892, 40151, 40153 45 CFR 242...... 38768 80...... 37433 62...... 40153 249...... 38768 144...... 38212 701...... 37433 63...... 38036 Proposed Rules: 146...... 38212 80...... 37735 148...... 38212 39...... 39923 33 CFR 81...... 38033, 39369 140...... 39923 82...... 38969 Proposed Rules: 100...... 39596, 39879 153...... 39644 180 ...... 37440, 38976, 39373, 18 CFR 117 ...... 38660, 39361, 39879, 1607...... 38270 39880, 40149, 40454 39605 154...... 38964, 38968 165 ...... 38029, 38031, 38255, 261...... 38262 260...... 38964, 38968 38257, 38259, 38661, 39361, 262...... 38262 47 CFR 284...... 38964, 38968 39363, 39598, 39882, 39884, 300...... 38036, 38263 1...... 38039 Proposed Rules: 40455 302...... 37444 11...... 37750, 39610 45...... 37450 355...... 37444 Proposed Rules: 22...... 37760 46...... 37450 100...... 38670 721...... 37702 25...... 40155 Proposed Rules: 19 CFR 110...... 40164 54...... 40457 117...... 38099, 39636 52 ...... 38102, 38104, 38110, 400...... 38051, 40155 Proposed Rules: 165...... 37780, 39937 38112, 38114, 39009, 39012, 113...... 37886 Proposed Rules: 39014, 39017, 39019, 39035, 11...... 39648 181...... 37886 34 CFR 39387, 39638, 39957, 39970, 190...... 37886 Ch. II ...... 40149 40184, 40487 191...... 37886 61...... 39641 48 CFR Proposed Rules: 63...... 39641 20 CFR 600...... 40167 Proposed Rules: 70...... 39638 Ch. 6 ...... 38669 404...... 40451 668...... 40167 81...... 38114 416...... 40451 36 CFR 271...... 39975 300...... 38672, 39978 49 CFR 21 CFR Proposed Rules: 721...... 37455 1002...... 38266 Proposed Rules: 7...... 40460 15...... 38666 42 CFR 38 CFR 411...... 39162 50 CFR 22 CFR 3...... 39886 412...... 38514, 38575 17...... 39894 Proposed Rules: 4...... 38663 413...... 39162 20...... 40392 Ch. I ...... 38669 Proposed Rules: 418...... 38622 622...... 40156, 40458 3...... 39818 424...... 37747, 39162 635...... 37446, 38664 25 CFR 8...... 39818 Proposed Rules: 648...... 40157 542...... 39877 14...... 39818 405...... 39397 660...... 38069 19...... 39818 410...... 39397 679...... 37448 26 CFR 20...... 39818 411...... 39397 Proposed Rules: 1...... 38023 21...... 39818 414...... 39397 17...... 39979 54...... 38212 415...... 39397 216...... 40192 301...... 39331 39 CFR 495...... 39397 219...... 37638 Proposed Rules: 622...... 37455 Proposed Rules: 3010...... 40183, 40485 44 CFR 648...... 39398 1...... 39292, 39514 3015...... 39939 64...... 38264 665...... 39037, 39039

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pamphlet) form from the H.R. 5515/P.L. 115–232 subscribe, go to http:// Superintendent of Documents, John S. McCain National listserv.gsa.gov/archives/ LIST OF PUBLIC LAWS U.S. Government Publishing Defense Authorization Act for publaws-l.html Office, Washington, DC 20402 Fiscal Year 2019 (Aug. 13, This is a continuing list of (phone, 202–512–1808). The 2018; 132 Stat. 1636) public bills from the current text will also be made Note: This service is strictly Last List August 6, 2018 session of Congress which available on the Internet from for E-mail notification of new have become Federal laws. GPO’s Federal Digital System laws. The text of laws is not This list is also available (FDsys) at http://www.gpo.gov/ available through this service. online at http:// fdsys. Some laws may not yet Public Laws Electronic PENS cannot respond to www.archives.gov/federal- be available. Notification Service specific inquiries sent to this register/laws. (PENS) S. 2779/P.L. 115–231 address. The text of laws is not Zimbabwe Democracy and published in the Federal Economic Recovery PENS is a free electronic mail Register but may be ordered Amendment Act of 2018 (Aug. notification service of newly in ‘‘slip law’’ (individual 8, 2018; 132 Stat. 1632) enacted public laws. To

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