Vol. 82 Thursday, No. 128 July 6, 2017
Pages 31241–31428
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 82, No. 128
Thursday, July 6, 2017
Agricultural Marketing Service See Engineers Corps RULES NOTICES Decreased Assessment Rates: Meetings: Sweet Onions Grown in the Walla Walla Valley of Defense Advisory Committee on Investigation Southeast Washington and Northeast Oregon, 31244– Prosecution and Defense of Sexual Assault in the 31245 Armed Forces, 31312–31313 National Organic Program: Defense Advisory Committee on Military Personnel Sunset 2017 Amendments to the National List, 31241– Testing, 31313 31244 Education Department Agriculture Department NOTICES See Agricultural Marketing Service Agency Information Collection Activities; Proposals, See Forest Service NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Federal Direct Loan Program and Federal Family Submissions, and Approvals, 31283 Education Loan Program Teacher Loan Forgiveness Forms, 31314–31315 Army Department NOTICES Employee Benefits Security Administration Meetings: PROPOSED RULES Army Science Board, 31312 Fiduciary Rule and Prohibited Transaction Exemptions; Request for Information, 31278–31281 Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Energy Department Submissions, and Approvals, 31331–31333 See Federal Energy Regulatory Commission NOTICES Civil Rights Commission Interconnection Facilities Studies Summary Prepared for NOTICES the Proposed Northern Pass Transmission Project, Meetings: 31315–31316 Delaware Advisory Committee, 31290 Tennessee Advisory Committee, 31290 Engineers Corps NOTICES Coast Guard Environmental Impact Statements; Availability, etc.: RULES Extending SC 31 (Carolina Bays Parkway), in Horry Drawbridge Operations: County, South Carolina, to connect to US 17, in Hutchinson River, New York, NY, 31254–31255 Brunswick County, North Carolina, 31313–31314 Jamaica Bay, Queens, NY, 31255 Mill River, New Haven, CT, 31253–31254 Safety Zones: Environmental Protection Agency Marine Events held in the Captain of the Port Long Island RULES Sound Zone, 31257–31263 Formaldehyde Emission Standards for Composite Wood Oswego Harborfest 2017 Breakwall Fireworks Display; Products; Compliance Date Extension, 31267–31268 Oswego Harbor, Oswego, NY, 31255–31257 National Priorities List: NOTICES Deletion of the Shpack Landfill Superfund Site; National Meetings: Oil and Hazardous Substances Pollution Contingency National Boating Safety Advisory Council; Input to Plan, 31263–31267 Support Regulatory Reform of Coast Guard PROPOSED RULES Regulations; New Task, 31340–31341 National Priorities List: Deletion of the Shpack Landfill Superfund Site; National Commerce Department Oil and Hazardous Substances Pollution Contingency See Foreign-Trade Zones Board Plan, 31281–31282 See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Cross-Media Electronic Reporting: See Patent and Trademark Office Authorized Program Revision Approval, Georgia, 31322 Authorized Program Revision Approval, State of North Corporation for National and Community Service Carolina, 31322–31323 NOTICES Pesticide Product Registrations: Agency Information Collection Activities; Proposals, Product Cancellation Order for Certain Pesticide Submissions, and Approvals, 31310–31311 Registrations, 31320–31322 Transfers of Data: Defense Department CACI/Emergent and Arctic Slope Mission Services, LLC, See Army Department 31319–31320
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Federal Aviation Administration Lassen County Resource Advisory Committee, 31287, RULES 31289 Airworthiness Directives: Southeast Washington Forest Resource Advisory Airbus Airplanes, 31245–31250 Committee, 31288 Bombardier, Inc., Airplanes, 31250–31252 NOTICES General Services Administration Aeronautical Land-Use Assurances; Waivers: NOTICES Bismarck Municipal Airport, Bismarck, ND, 31387–31388 Agency Information Collection Activities; Proposals, Federal Communications Commission Submissions, and Approvals: RULES Statement of Witness, 31330–31331 Enabling Railroad Police Officers to Access Public Safety System for Award Management Registration Interoperability and Mutual Aid Channels, 31270– Requirements for Prime Grant Recipients, 31331 31271 PROPOSED RULES Geological Survey Petitions for Reconsideration of Action in Rulemaking NOTICES Proceeding, 31282 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, iCoast—Did the coast change?, 31347–31349 Submissions, and Approvals, 31323–31325 Federal Deposit Insurance Corporation Health and Human Services Department NOTICES See Centers for Medicare & Medicaid Services Agency Information Collection Activities; Proposals, See National Institutes of Health Submissions, and Approvals, 31325–31327 See Substance Abuse and Mental Health Services Administration Federal Election Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 31327 Submissions, and Approvals, 31333–31334 Approval of Entities That Certify Medical Review Officers, Federal Energy Regulatory Commission 31335–31336 NOTICES Findings of Research Misconduct, 31334–31335 Combined Filings, 31316–31319 Meetings: Advisory Council on Alzheimer’s Research, Care, and Federal Highway Administration Services, 31333 NOTICES Environmental Impact Statements; Availability, etc.: Homeland Security Department I–94 Rehabilitation Project from East of I–94 to East of See Coast Guard Conner Avenue in Detroit, MI, 31388 See Transportation Security Administration Federal Reserve System NOTICES Housing and Urban Development Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 31327–31329 Agency Information Collection Activities; Proposals, Formations of, Acquisitions by, and Mergers of Bank Submissions, and Approvals: Holding Companies, 31329–31330 Exigent Health and Safety Deficiency Correction Certification, 31342–31343 Fish and Wildlife Service Home Equity Conversion Mortgage Insurance Application NOTICES for the Origination of Reverse Mortgages and Related Endangered Species Permits; Applications, 31346–31347 Documents, 31343–31344 Understanding Rapid Re-Housing Study, 31344–31345 Foreign-Trade Zones Board NOTICES Interior Department Subzone Approvals: See Fish and Wildlife Service Premier Logistics, LLC; Tulsa, OK, 31291 See Geological Survey Subzone Expansions; Applications: See Land Management Bureau 5.11, Inc.; Foreign-Trade Zone 231, Stockton, CA, 31291
Forest Service International Trade Administration NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Antidumping or Countervailing Duty Investigations, Orders, Craig and Thorne Bay Ranger Districts, Tongass National or Reviews, 31292–31301 Forest; AK; Prince of Wales Landscape Level Antidumping or Countervailing Duty Investigations, Orders, Analysis Project, 31284–31287 or Reviews: Meetings: Tapered Roller Bearings and Parts Thereof, Finished and Alabama Resource Advisory Committee, 31289–31290 Unfinished, from the People’s Republic of China, Coconino County Resource Advisory Committee, 31288 31301–31304 Eastern Region Recreation Resource Advisory Committee, Welded ASTM A–312 Stainless Steel Pipe from the 31283–31284 Republic of Korea, 31291–31292
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International Trade Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Investigations; Determinations, Modifications, and Rulings, Groundfish Trawl Catcher Processor Economic Data etc.: Report, 31304–31305 Certain Intravascular Administration Sets and Gulf of Alaska Catcher Vessel and Processor Trawl Components Thereof; Yangzhou Weideli Trade Co., Economic Data Report, 31305–31306 Ltd., 31349–31350 Meetings: Certain Motorized Self-Balancing Vehicles, 31350–31351 Mid-Atlantic Fishery Management Council; Correction, 31305 Justice Department New England Fishery Management Council; Correction, NOTICES 31307 Proposed Consent Decrees: Takes of Marine Mammals Incidental to Specified CERCLA, 31351–31352 Activities: Commercial Fireworks Displays in the Monterey Bay Labor Department National Marine Sanctuary, 31306–31307 See Employee Benefits Security Administration Takes of Marine Mammals: See Occupational Safety and Health Administration Sand Point City Dock Replacement Project in Sand Point, AK, 31400–31428 Land Management Bureau RULES National Science Foundation Final Supplementary Rule for Public Lands, Moab Field NOTICES Office, Grand County, UT, 31268–31270 Charter Renewals: National Science Foundation, 31355 Maritime Administration NOTICES Occupational Safety and Health Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Walking-Working Surfaces and Personal Protective Cruise Vessel Security and Safety Training Provider Equipment (Fall Protection Systems) for General Certification, 31388–31389 Industry; Approval of Collections of Information, Uniform Financial Reporting Requirements, 31389 31252–31253 Requests for Administrative Waivers of the Coastwise Trade Laws: Patent and Trademark Office Vessel DIAMOND SEAS, 31389–31390 NOTICES Vessel WICKED WITCH, 31390 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Aeronautics and Space Administration Global Intellectual Property Academy Surveys, 31310 NOTICES Submissions Regarding Correspondence and Regarding Agency Information Collection Activities; Proposals, Attorney Representation, 31308–31309 Submissions, and Approvals, 31354–31355 Meetings: Ad Hoc Task Force on Science, Technology, Engineering Pipeline and Hazardous Materials Safety Administration and Mathematics Education, 31353 NOTICES Aeronautics Committee, 31353–31354 Hazardous Materials: Human Exploration and Operations Committee, 31352 New York City Permit Requirements for Transportation of Institutional Committee, 31353 Certain Hazardous Materials, 31390–31396 Science Committee, 31354 Technology, Innovation and Engineering Committee, Postal Regulatory Commission 31352–31353 NOTICES New Postal Products, 31355 National Institutes of Health NOTICES Securities and Exchange Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Applications: Identifying Experts in Prevention Science Methods to Deregistration under Investment Company Act, 31369– Include on NIH Review Panels, Office of Disease 31371 Prevention, 31337–31338 Joint Industry Plans: Guidance: Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats Extension of Effective Date of NIH Policy on the Use of EDGA Exchange, Inc., Bats EDGX Exchange, Inc., et a Single Institutional Review Board for Multi-Site al.; Correction, 31377–31378 Research, 31336 Self-Regulatory Organizations; Proposed Rule Changes: Meetings: Financial Industry Regulatory Authority, Inc., 31366– Center for Scientific Review, 31336–31337 31369 Fixed Income Clearing Corp., 31356–31364, 31378–31384 National Oceanic and Atmospheric Administration Investors Exchange, LLC, 31377 NOTICES LCH SA, 31364–31366 Agency Information Collection Activities; Proposals, National Securities Clearing Corp., 31384–31386 Submissions, and Approvals, 31305 The Options Clearing Corp., 31371–31376
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State Department Transportation Security Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Individual, Corporate or Foundation, and Government Critical Facility Information of the Top 100 Most Critical Donor Letter Applications, 31386–31387 Pipelines, 31341–31342 Treasury Department Substance Abuse and Mental Health Services NOTICES Administration Requests for Information: Promoting Energy Independence and Economic Growth, NOTICES 31396–31397 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31338–31340 Separate Parts In This Issue
Surface Transportation Board Part II RULES Commerce Department, National Oceanic and Atmospheric Publication Requirements for Agricultural Products; Rail Administration, 31400–31428 Transportation of Grain, Rate Regulation Review, 31271–31277 Reader Aids Transportation Department Consult the Reader Aids section at the end of this issue for See Federal Aviation Administration phone numbers, online resources, finding aids, and notice See Federal Highway Administration of recently enacted public laws. See Maritime Administration To subscribe to the Federal Register Table of Contents See Pipeline and Hazardous Materials Safety electronic mailing list, go to https://public.govdelivery.com/ Administration accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or 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.
7 CFR 205...... 31241 956...... 31244 14 CFR 39 (2 documents) ...... 31245, 31250 29 CFR 1910...... 31252 Proposed Rules: 2509...... 31278 2510...... 31278 2550...... 31278 33 CFR 117 (3 documents) ...... 31253, 31254, 31255 165 (3 documents) ...... 31255, 31257, 31260 40 CFR 300...... 31263 770...... 31267 Proposed Rules: 300...... 31281 43 CFR 8360...... 31268 47 CFR 90...... 31270 Proposed Rules: 1...... 31282 32...... 31282 65...... 31282 49 CFR 1300...... 31271
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Rules and Regulations Federal Register Vol. 82, No. 128
Thursday, July 6, 2017
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Paul National List is no longer valid. This contains regulatory documents having general Lewis, Ph.D., Director, Standards periodic review of National List applicability and legal effect, most of which Division, Telephone: (202) 720–3252; substances is referred to as ‘‘sunset are keyed to and codified in the Code of Fax: (202) 260–9151. review.’’ Under the authority of the Federal Regulations, which is published under OFPA, the Secretary can amend the 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: National List through rulemaking based I. Background The Code of Federal Regulations is sold by upon proposed amendments the Superintendent of Documents. The USDA Agricultural Marketing recommended by the NOSB. Service (AMS) administers the National The NOSB’s sunset review of Organic Program (NOP), under the substances on the National List includes DEPARTMENT OF AGRICULTURE authority of the Organic Foods consideration of public comments and Production Act of 1990 (OFPA), as applicable supporting evidence that Agricultural Marketing Service amended (7 U.S.C. 6501–6522). The express a continued need for the use or regulations implementing the NOP, also prohibition of the substance(s) as 7 CFR Part 205 referred to as the USDA organic required by the OFPA. regulations, were published December Recommendations to either continue or [Document Number AMS–NOP–16–0052; discontinue an authorized exempted NOP–16–03] 21, 2000 (65 FR 80548) and became effective on October 21, 2002. Through synthetic substance (7 U.S.C. 6517(c)(1)) are developed by the NOSB based on RIN 0581–AD52 these regulations, AMS oversees national standards for the production, evaluation of technical information, National Organic Program (NOP); handling, and labeling of organically public comments, and supporting Sunset 2017 Amendments to the produced agricultural products. evidence that demonstrate that the National List Since October 2002, the USDA substance is: (a) Harmful to human organic regulations have been frequently health or the environment; (b) no longer AGENCY: Agricultural Marketing Service, amended, mostly for changes to the necessary for organic production due to USDA. National List in 7 CFR 205.601–205.606. the availability of alternative wholly ACTION: Final rule. The National List identifies synthetic nonsynthetic substitute products or substances that may be used and the practices; or (c) inconsistent with SUMMARY: This final rule amends the nonsynthetic substances that must not organic farming and handling practices. National List of Allowed and Prohibited be used in organic production. The In accordance with the sunset review Substances (National List) within the National List also identifies synthetic, process published in the Federal U.S. Department of Agriculture’s nonsynthetic nonagricultural, and Register on September 16, 2013 (78 FR (USDA) organic regulations, to prohibit nonorganic agricultural substances that 61154), this final rule would amend the the use of 8 substances in organic may be used in organic handling. The National List to remove eight substances production and handling after June 27, OFPA and USDA organic regulations as recommended to the Secretary by the 2017: Lignin sulfonate (for use as a specifically prohibit the use of any NOSB on October 29, 2015. floating agent); furosemide; magnesium synthetic substance in organic Additionally, this final rule would carbonate; and the nonorganic forms of production and handling unless the renew three substances allowed for use chia, dillweed oil, frozen galangal, synthetic substance is on the National in organic products based on frozen lemongrass, and chipotle chile List. Section 205.105 also requires that information that there is a continued peppers. This action also renews 3 any nonorganic agricultural substance need for these materials. substances on the National List to and any nonsynthetic nonagricultural II. Overview of Amendments continue to allow nonorganic forms of substance used in organic handling inulin-oligofructose enriched, Turkish appear on the National List. Removals bay leaves, and whey protein The OFPA authorizes the National This final rule amends the National concentrate in organic products. This Organic Standards Board (NOSB), List to remove eight exemptions action addresses eleven operating in accordance with the (allowances) for: Lignin sulfonate, recommendations submitted to the Federal Advisory Committee Act (5 furosemide, magnesium carbonate, chia, Secretary of Agriculture (Secretary) by U.S.C. App. 2 et seq.), to develop dillweed oil, frozen galangal, frozen the National Organic Standards Board recommendations to amend the lemongrass, and chipotle chile peppers. (NOSB) following its October 2015 National List. The NOSB assists in the The NOSB recommended that these meeting. These recommendations evaluation of substances for organic substances should be removed from the pertain to the NOSB’s 2017 sunset production and handling and advises National List based on its 2017 sunset review of a portion of the substances on the Secretary on the USDA organic review. In summary, the NOSB the National List. regulations. The OFPA also requires a concluded that these substances are no DATES: This final rule is effective on sunset review of all substances included longer needed in organic production or August 7, 2017. The renewal of the on the National List within five years of handling because there are alternative substances inulin-oligofructose their addition to or renewal on the list. practices or materials. AMS concurs enriched, Turkish bay leaves, and whey If a listed substance is not reviewed by with these recommendations for protein concentrate for inclusion on the the NOSB and renewed by the USDA removal as described below. National List is applicable beginning on within the five-year period, its The NOSB considered public June 27, 2017. allowance or prohibition on the comments and other information to
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determine whether these substances the listings are due to sunset, or expire. Budget (OMB). Additionally, because continue to meet the OFPA criteria (7 Therefore, after June 27, 2017, this rule does not meet the definition of U.S.C. 6517(c) and 6518(m)) for nonorganic forms of chia, dillweed oil, a significant regulatory action it does inclusion on the National List. With frozen galangal, frozen lemongrass, and not trigger the requirements contained regard to (i) lignin sulfonate chipotle chile peppers will no longer be in Executive Order 13771. See OMB’s (§ 205.601(1)(l)—synthetic substance allowed for use in organic products. Memorandum titled ‘‘Interim Guidance allowed as a floating agent in post- III. Related Documents Implementing Section 2 of the Executive harveset handling), (ii) furosemide Order of January 30, 2017 titled (§ 205.603(a)—synthetic substance Two notices announcing NOSB public ‘Reducing Regulation and Controlling allowed for livestock medical meetings were published in the Federal Regulatory Costs’ ’’ (February 2, 2017). treatment), and (iii) magnesium Register on March 12, 2015 (80 FR The Regulatory Flexibility Act (RFA) carbonate (§ 205.605(b)—synthetic 12975) and on September 8, 2015 (80 FR (5 U.S.C. 601–612) requires agencies to ingredient allowed in or on organic 53759). These notices invited the public consider the economic impact of each processed proeducts), the NOSB to provide comments to the NOSB for rule on small entities and evaluate concluded that these three substances the 2017 sunset review. The notices alternatives that would accomplish the are no longer necessary for organic informed the public that the listings objectives of the rule without unduly production or postharvest handling and discussed in this final rule would expire burdening small entities or erecting alternative substances are available. from the National List on June 27, 2017, barriers that would restrict their ability AMS received no public comments if not reviewed by the NOSB and to compete in the market. The purpose concerning the proposed removal of renewed by the Secretary. of the RFA is to fit regulatory actions to On January 18, 2017, AMS published lignin sulfonate (as as floating agent in the scale of businesses subject to the a proposed rule in the Federal Register post-harvest handling), furosemide, and action. Section 605 of the RFA allows an (82 FR 5431) to notify the public and magnesium carbonate from the National agency to certify a rule, in lieu of solicit comments on AMS’ proposed List. AMS has reviewed and accepts the preparing an analysis, if the rulemaking action to remove eleven substances from NOSB recommendations to remove is not expected to have a significant the National List based on the NOSB’s these substances from the National List economic impact on a substantial 2017 sunset recommendations. The when the listings are due to sunset, or number of small entities. comment period for the proposed rule expire. Therefore, after June 27, 2017, Pursuant to the requirements set forth was extended an additional 30 days to lignin sulfonate (as as floating agent in in the RFA, AMS performed an April 19, 2017, per a Federal Register post-harvest handling), furosemide, and economic impact analysis on small document published on February 17, magnesium carbonate will no longer be entities in the final rule published in the 2017 (82 FR 10967). allowed for use in organic production or Federal Register on December 21, 2000 handling.1 IV. Statutory and Regulatory Authority (65 FR 80548). AMS has also considered With regard to chia (Salvia hispanica OFPA, as amended (7 U.S.C. 6501– the economic impact of this action on L.), dillweed oil, galangal (frozen), 6522), authorizes the Secretary to make small entities. The impact on entities lemongrass (frozen), and peppers amendments to the National List based affected by this proposed rule would not (chipotle chile), the NOSB considered on proposed recommendations be significant. The effect of this rule public comments and other information developed by the NOSB. Sections would be to prohibit the use of eight to determine whether these five 6518(k)(2) and 6518(n) of OFPA substances that have limited public substances continue to meet the OFPA authorize the NOSB to develop support and may no longer be used criteria for inclusion on the National proposed amendments to the National because alternatives to these substances List. These substances appear in section List for submission to the Secretary and have been developed and implemented 205.606 of the National List which establish a petition process by which by organic producers or organic allows the use of nonorganic forms of persons may petition the NOSB for the handlers (food processors). AMS these substances when the organic form concludes that the economic impact of 2 purpose of having substances evaluated is not commercially available. The for inclusion on or removal from the removing lignin sulfonate, furosemide, NOSB recommended that these National List. The National List petition magnesium carbonate, chia, dillweed substances be removed because process is implemented under § 205.607 oil, frozen galangal, frozen lemongrass, adequate organic sources are available of the USDA organic regulations. The and chipotle chile peppers from the in the supply chain and nonorganic National List Petition Guidelines (NOP National List would be minimal to small forms are not needed. 3011) are published in the NOP agricultural firms because alternative AMS received no public comments Handbook which is available on the practices or substances are concerning the proposed removal of AMS Web site, http:// commercially available. As such, these chia, dillweed oil, frozen galangal, www.ams.usda.gov/nop. The guidelines substances are to be removed from the frozen lemongrass, and chipotle chile describe the information to be included National List under this rule. peppers from the National List. AMS for all types of petitions submitted to This rule would also allow for the has reviewed and accepts the NOSB amend the National List. AMS continued use of three nonorganic recommendations to remove these published a revised sunset review agricultural susbstances: Turkish bay substances from the National List when process in the Federal Register on leaves, inulin-oligofructose enriched, September 16, 2013 (78 FR 56811). and whey protein concentrate. AMS 1 The allowance for lignin sulftonate as a concludes that renewing these three chelating agent or dust suppressant for plant or soil A. Executive Orders 12866 and 13771, ingredients would minimize impact to amendments in organic crop production remains on and Regulatory Flexibility Act the National List (§ 205.601(j)(4)). small agricultural firms because 2 Definition of Commercially Available (§ 205.2): This rule does not meet the definition alternative products or organic forms of The ability to obtain a production input in an of a significant regulatory action these ingredients are not commercially appropriate form, quality, or quantity to fulfill an available and handlers need to use the essential function in a system of organic production contained in section 3(f) of Executive or handling, as determined by the certifying agent Order 12866, and is not subject to nonorganic forms. Accordingly, AMS in the course of reviewing the organic plan. review by the Office of Management and certifies that this rule will not have a
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significant economic impact on a D. Executive Order 13175 bakery, confectionary, processed meat, substantial number of small entities. This proposed rule has been reviewed infant formula, and dairy products. Small agricultural service firms, in accordance with the requirements of Public comments submitted indicated which include producers, handlers, and Executive Order 13175, Consultation that whey protein concentrate is accredited certifying agents, have been and Coordination with Indian Tribal essential to organic processed products defined by the Small Business and is not commercially available in Governments. The review reveals that Administration (SBA) as those having organic form at this time. this regulation will not have substantial annual receipts of less than $7,500,000 In consideration of the new and direct effects on Tribal governments and small agricultural producers are information presented in public defined as those having annual receipts and will not have significant Tribal comments, AMS has determined that of less than $750,000. See 13 CFR implications. nonorganic forms of Turkish bay leaves, 121.201. E. Comments Received on Proposed inulin-oligofructose enriched, and whey According to NOP’s Accreditation and Rule AMS–NOP–16–0052; NOP–16–03 protein concentrate are essential to International Activities Division, the organic production and handling and AMS received seven public comments number of certified U.S. organic crop should remain on the National List. The from ingredient manufacturers, organic and livestock operations totaled over USDA organic regulations may allow handlers, and a trade association on the 24,669 in March 2017. The list of the use of nonorganic substances that proposal to remove the following three certified operations is available on the are not commercially available in AMS NOP Web site at http:// substances from the National List: organic form, quality, or quantity, and www.ams.usda.gov/nop. AMS believes Turkish bay leaves, inulin-oligofructose are necessary to organic handling. As that most of these entities would be enriched, and whey protein concentrate. with other substances in section 205.606 considered small entities under the These substances are listed in section of the National List, organic handlers criteria established by the SBA. In 205.606 of the National List, which are permitted to use the nonorganic addition, the USDA has 81 accredited allows nonorganic forms to be used in substance only if the organic substance certifying agents who provide organic products when organic forms is not commercially available. Handlers certification services to producers and are not commercially available. will need to demonstrate, and certifiers handlers. A complete list of names and Removing these substances from the will need to verify, that the organic addresses of accredited certifying agents National List would mean that only substance is not available in the form, may be found on the AMS NOP Web organic forms of these ingredients could quality or quantity needed. Further, any site at http://www.ams.usda.gov/nop. be used in organic products. member of the public may petition to AMS believes that most of these Changes Made Based on Comments remove an agricultural substance from accredited certifying agents would be the National List if an organic substance AMS received public comments considered small entities under the becomes commercially available.3 which opposed the removal of Turkish criteria established by the SBA. bay leaves from the National List. These List of Subjects in 7 CFR Part 205 B. Executive Order 12988 public comments stated that organic Administrative practice and Executive Order 12988 instructs each Turkish bay leaves are not available in procedure, Agriculture, Animals, executive agency to adhere to certain the quantity or quality needed to meet Archives and records, Imports, Labeling, requirements in the development of new organic handling needs. The comments Organically produced products, Plants, and revised regulations in order to avoid explained that the different flavor Reporting and recordkeeping unduly burdening the court system. profile of ground organic Turkish bay requirements, Seals and insignia, Soil This proposed rule is not intended to leaves would negatively impact finished conservation. have a retroactive effect. products. Comments requested that For the reasons set forth in the Pursuant to section 6519(f) of OFPA, AMS maintain the allowance for preamble, 7 CFR part 205 is amended as this proposed rule would not alter the nonorganic Turkish bay leaves while follows: authority of the Secretary under the suppliers pursue sources of organic Federal Meat Inspection Act (21 U.S.C. Turkish bay leaves in sufficient quality PART 205—NATIONAL ORGANIC 601–624), the Poultry Products and quantity to meet industry needs. PROGRAM Inspection Act (21 U.S.C. 451–471), or AMS also received public comments ■ 1. The authority citation for 7 CFR the Egg Products Inspection Act (21 opposing the proposed removal of part 205 continues to read as follows: U.S.C. 1031–1056), concerning meat, inulin-oligofructose enriched from the poultry, and egg products, nor any of National List. Comments acknowledged Authority: 7 U.S.C. 6501–6522. the authorities of the Secretary of Health that there are organic or alternate forms ■ 2. Amend § 205.601 by revising and Human Services under the Federal of inulin available, such as inulin from paragraph (l) to read as follows: Food, Drug and Cosmetic Act (21 U.S.C. organic agave and fructooligosac charides, but explained that these are § 205.601 Synthetic substances allowed 301–399), nor the authority of the for use in organic crop production. Administrator of the U.S. not equivalent to inulin-oligofructose Environmental Protection Agency (EPA) enriched, which is sourced only from * * * * * (l) As floating agents in postharvest under the Federal Insecticide, chicory root and provides unique handling. Sodium silicate—for tree fruit Fungicide, and Rodenticide Act (7 functionality for use as a prebiotic in and fiber processing. U.S.C. 136–136(y)). organic infant formula. The comments indicated that an adequate supply of * * * * * C. Paperwork Reduction Act organic chicory root is not commercially § 205.603 [Amended] No additional collection or available. recordkeeping requirements are AMS received public comment ■ 3. Amend § 205.603 by: imposed on the public by this rule. opposing the removal of whey protein Accordingly, OMB clearance is not concentrate from the National List. 3 The AMS Web site describes how to submit a petition: https://www.ams.usda.gov/rules- required by the Paperwork Reduction Whey protein concentrate is used as an regulations/organic/national-list/filing-petition. See Act of 1995, 44 U.S.C. 3501, Chapter 35. ingredient in various products including also NOP 3011 National List Petition Guidelines.
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■ a. Removing paragraph (a)(10); and FOR FURTHER INFORMATION CONTACT: FR 11789), § 956.202 was amended by ■ b. Redesignating paragraphs (a)(11) Teresa Hutchinson or Gary Olson, decreasing the assessment rate through (23) as paragraphs (a)(10) Northwest Marketing Field Office, established for Walla Walla sweet through (22). Marketing Order and Agreement onions for the 2017 and subsequent Division, Specialty Crops Program, fiscal periods from $0.22 to $0.10 per § 205.605 [Amended] AMS, USDA; Telephone: (503) 326– 50-pound bag or equivalent. The ■ 4. Amend § 205.605(b) by removing 2724, Fax: (503) 326–7440, or Email: decrease in the assessment rate allows the substance ‘‘Magnesium carbonate— [email protected] or the Committee to reduce its financial for use only in agricultural products [email protected]. reserve while still providing adequate labeled ‘‘made with organic (specified Small businesses may obtain funding to meet program expenses. ingredients or food group(s)),’’ information on complying with this and Final Regulatory Flexibility Analysis prohibited in agricultural products other marketing order regulations by labeled ‘‘organic’’.’’ viewing a guide at the following Web Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 § 205.606 [Amended] site: http://www.ams.usda.gov/rules- regulations/moa/small-businesses; or by U.S.C. 601–612), the Agricultural ■ 5. Amend § 205.606 by: contacting Richard Lower, Marketing Marketing Service (AMS) has ■ a. Removing paragraphs (c), (e), (h), Order and Agreement Division, considered the economic impact of this (o), and (s); and Specialty Crops Program, AMS, USDA, rule on small entities. Accordingly, ■ b. Redesignating paragraphs (d), (f), 1400 Independence Avenue SW., STOP AMS has prepared this final regulatory (g), (i) through (n), (p) through (r), and 0237, Washington, DC 20250–0237; flexibility analysis. (t) through (y) as paragraphs (c) through Telephone: (202) 720–2491, Fax: (202) The purpose of the RFA is to fit (t), respectively. 720–8938, or Email: Richard.Lower@ regulatory actions to the scale of Dated: June 28, 2017. ams.usda.gov. businesses subject to such actions in order that small businesses will not be Bruce Summers, SUPPLEMENTARY INFORMATION: This rule unduly or disproportionately burdened. Acting Administrator, Agricultural Marketing is issued under Marketing Agreement Marketing orders issued pursuant to the Service. and Order No. 956, as amended (7 CFR Act, and the rules issued thereunder, are [FR Doc. 2017–14006 Filed 7–5–17; 8:45 am] part 956), regulating the handling of unique in that they are brought about BILLING CODE 3410–02–P sweet onions grown in the Walla Walla through group action of essentially Valley of southeast Washington and small entities acting on their own northeast Oregon, hereinafter referred to behalf. DEPARTMENT OF AGRICULTURE as the ‘‘order.’’ The order is effective There are 9 handlers of Walla Walla under the Agricultural Marketing Agricultural Marketing Service sweet onions subject to regulation under Agreement Act of 1937, as amended (7 the order and approximately 30 U.S.C. 601–674), hereinafter referred to 7 CFR Part 956 producers in the regulated production as the ‘‘Act.’’ area. Small agricultural service firms are The Department of Agriculture [Doc. No. AMS–SC–16–0116; SC17–956–1 defined by the Small Business FIR] (USDA) is issuing this rule in Administration as those having annual conformance with Executive Orders receipts of less than $7,500,000, and Sweet Onions Grown in the Walla 12866, 13771, 13563, and 13175. small agricultural producers are defined Walla Valley of Southeast Washington This action falls within a category of as those having annual receipts of less and Northeast Oregon; Decreased regulatory actions that the Office of than $750,000 (13 CFR 121.201). Assessment Rate Management and Budget (OMB) During the 2016 marketing year, the exempted from Executive Order 12866 Committee reported that approximately AGENCY: Agricultural Marketing Service, review. Additionally, because this rule 304,500 50-pound bags or equivalents of USDA. does not meet the definition of a Walla Walla sweet onions were shipped ACTION: Affirmation of interim rule as significant regulatory action, it does not into the fresh market. Based on final rule. trigger the requirements contained in information reported by USDA’s Market Executive Order 13771. See OMB’s News Service, the average 2016 SUMMARY: The Department of Memorandum titled ‘‘Interim Guidance marketing year f.o.b. shipping point Agriculture is adopting, as a final rule, Implementing Section 2 of the Executive price for the Walla Walla sweet onions without change, an interim rule that Order of January 30, 2017, titled was $19.55 per 50-pound equivalent. implemented a recommendation from ‘Reducing Regulation and Controlling Multiplying the $19.55 average price by the Walla Walla Sweet Onion Marketing Regulatory Costs’ ’’ (February 2, 2017). the shipment quantity of 304,500 50- Committee (Committee) to decrease the Under the order, Walla Walla sweet pound equivalents yields an annual assessment rate established for the 2017 onion handlers are subject to crop revenue estimate of $5,952,975. and subsequent fiscal periods from assessments. Funds to administer the The average annual revenue for each of $0.22 to $0.10 per 50-pound bag or order are derived from such the 9 handlers is therefore calculated to equivalent of sweet onions handled. The assessments. Assessment rates issued be $661,442 ($5,952,975 divided by 9), Committee locally administers the under the order are intended to be which is considerably less than the marketing order and is comprised of applicable to all assessable Walla Walla Small Business Administration producers and handlers of sweet onions sweet onions for the entire fiscal period threshold of $7,500,000. Consequently, operating within the area of production and continue indefinitely until all of the Walla Walla sweet onion along with one public member. The amended, suspended, or terminated. handlers could be classified as small interim rule was necessary to allow the The Committee’s fiscal period begins on entities. Committee to reduce its financial January 1 and ends on December 31. In addition, based on information reserve while still providing adequate In an interim rule published in the provided by the National Agricultural funding to meet program expenses. Federal Register on February 27, 2017, Statistics Service (NASS), the average DATES: Effective July 7, 2017. and effective on February 28, 2017 (82 producer price for Walla Walla sweet
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onions for the 2011 through 2015 Chapter 35), the order’s information 27, 2017, is adopted as final without marketing years is $16.24 per 50-pound collection requirements have been change. equivalent. NASS has not released data previously approved by the OMB and Dated: June 29, 2017. regarding the 2016 marketing year at assigned OMB No. 0581–0178, Bruce Summers, this time. Multiplying the 2011–2015 Vegetable and Specialty Crops. No marketing year average price of $16.24 Acting Administrator, Agricultural Marketing changes in those requirements as a Service. by the estimated 2017 marketing year result of this action are necessary. shipments of 325,000 50-pound Should any changes become necessary, [FR Doc. 2017–14177 Filed 7–5–17; 8:45 am] equivalents yields an annual crop they would be submitted to OMB for BILLING CODE 3410–02–P revenue estimate of $5,278,000. The approval. estimated average annual revenue for This action imposes no additional each of the 30 producers is therefore reporting or recordkeeping requirements DEPARTMENT OF TRANSPORTATION calculated to be approximately $175,933 on either small or large Walla Walla ($5,278,000 divided by 30), which is sweet onion handlers. As with all Federal Aviation Administration less than the Small Business Federal marketing order programs, Administration threshold of $750,000. reports and forms are periodically 14 CFR Part 39 In view of the foregoing, the majority of reviewed to reduce information [Docket No. FAA–2016–3984; Directorate Walla Walla sweet onion producers, and requirements and duplication by Identifier 2014–NM–119–AD; Amendment all of the Walla Walla sweet onion industry and public sector agencies. 39–18945; AD 2017–14–01] handlers, may be classified as small USDA has not identified any relevant RIN 2120–AA64 entities. Federal rules that duplicate, overlap, or This rule continues in effect the conflict with this rule. Airworthiness Directives; Airbus action that decreased the assessment Comments on the interim rule were Airplanes rate established for the Committee and required to be received on or before collected from handlers for the 2017 and April 28, 2017. One comment was AGENCY: Federal Aviation subsequent fiscal periods from $0.22 to received during the comment period Administration (FAA), Department of $0.10 per 50-pound bag or equivalent of from an individual who was outside of Transportation (DOT). Walla Walla sweet onions handled. The the regulated production area. The ACTION: Final rule. Committee also unanimously comment was generally opposed to all recommended 2017 expenditures of government regulation. In the comment, SUMMARY: We are superseding $93,250. The assessment rate of $0.10 is the commenter failed to specifically Airworthiness Directive (AD) 2013–10– $0.12 lower than the previously address any of the merits of the rule. 03, which applied to all Airbus Model established assessment rate. Applying Accordingly, no changes have been A330–200, –200 Freighter, and –300 the $0.10 per 50-pound bag or made to the rule, based on the comment series airplanes; and Model A340–200, equivalent assessment rate to the received. –300, –500, and –600 series airplanes. Committee’s 325,000 50-pound bag or Therefore, for reasons given in the AD 2013–10–03 required one-time equivalent crop estimate should provide interim rule, we are adopting the inspections for deformation and damage $32,500 in assessment income. Thus, interim rule as a final rule, without of the bogie beams of the main landing income derived from handler change. gear (MLG); repetitive inspections for assessments, along with interest, other To view the interim rule, go to: damage and corrosion of the sliding income, and funds from the https://www.regulations.gov/ piston sub-assembly on certain Committee’s authorized reserve, will be document?D=AMS-SC-16-0116-0001. airplanes; and related investigative and adequate to cover budgeted expenses. This action also affirms information corrective actions if necessary. This new This action will allow the Committee to contained in the interim rule concerning AD removes Model A340–500 and 600 reduce its financial reserve while still Executive Orders 12866, 12988, 13175, series airplanes from the applicability; providing adequate funding to meet and 13563; the Paperwork Reduction removes certain one-time inspections of program expenses. Act (44 U.S.C. Chapter 35); and the E- the MLG bogie beams and the sliding This rule continues in effect the Gov Act (44 U.S.C. 101). piston sub-assembly; revises certain action that decreased the assessment After consideration of all relevant compliance times; and requires obligation imposed on handlers. material presented, it is hereby found replacement of certain MLGs with MLGs Assessments are applied uniformly on that finalizing the interim rule, without having an improved bogie beam, which all handlers, and some of the costs may change, as published in the Federal constitutes terminating action for the be passed on to producers. However, Register (82 FR 11789, February 27, repetitive inspections on the modified decreasing the assessment rate reduces 2017) will tend to effectuate the MLG. This AD was prompted by reports the burden on handlers and may reduce declared policy of the Act. of corroded and cracked bogie beams the burden on producers. under the bogie stop pad. We are issuing In addition, the Committee’s meeting List of Subjects in 7 CFR Part 956 this AD to address the unsafe condition was widely publicized throughout the Marketing agreements, Onions, on these products. Walla Walla sweet onion industry, and Reporting and recordkeeping DATES: This AD is effective August 10, all interested persons were invited to requirements. attend the meeting and participate in 2017. Committee deliberations on all issues. PART 956—SWEET ONIONS GROWN The Director of the Federal Register Like all Committee meetings, the IN THE WALLA WALLA VALLEY IN approved the incorporation by reference December 6, 2016, meeting was a public SOUTHEAST WASHINGTON AND of certain publications listed in this AD meeting, and all entities, both large and NORTHEAST OREGON as of August 10, 2017. small, were able to express views on ADDRESSES: For Airbus service this issue. ■ Accordingly, the interim rule information identified in this final rule, In accordance with the Paperwork amending 7 CFR part 956, which was contact Airbus SAS, Airworthiness Reduction Act of 1995 (44 U.S.C. published at 82 FR 11789 on February Office—EAL, 1 Rond Point Maurice
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Bellonte, 31707 Blagnac Cedex, France; March 1, 2016 (81 FR 10540) (‘‘the one-time inspection was retained in EASA telephone: +33 5 61 93 36 96; fax: +33 NPRM’’). The NPRM was prompted by AD 2011–0211 [which corresponds to FAA 5 61 93 45 80; email: reports of corroded and cracked bogie AD 2013–10–03], which superseded EASA airworthiness.A330–[email protected]; beams under the bogie stop pad. The AD 2008–0223, which also introduced repetitive inspections, except for A340–500/ Internet http://www.airbus.com. NPRM proposed to remove Model –600 aeroplanes. For Messier-Bugatti-Dowty service A340–500, and –600 series airplanes After EASA AD 2011–0211 was issued, information identified in this final rule, from the applicability, remove certain further investigation led to the conclusion contact Messier Services Americas, one-time inspections of the MLG bogie that the one-time inspection was no longer Customer Support Center, 45360 Severn beams and the sliding piston sub- necessary and only the repetitive inspections Way, Sterling, VA 20166–8910; phone: assembly; revise certain compliance should remain. In addition, it was 703–450–8233; fax: 703–404–1621; times and provide, for certain airplanes, determined that repetitive inspections were Internet: https://techpubs.services/ an optional terminating action for the also necessary for MLG on A340–500/–600 aeroplanes. messier-dowty.com. repetitive actions. The SNPRM Prompted by these conclusions, EASA You may view this referenced service proposed to require replacement of a issued AD 2014–0120, partially retaining the information at the FAA, Transport MLG having part number (P/N) 201252 requirements of EASA AD 2011–0211, which Airplane Directorate, 1601 Lind Avenue series and P/N 201490 series with a was superseded, and introducing repetitive SW., Renton, WA. For information on MLG that has an improved bogie beam, detailed inspections of the MLG on A340– the availability of this material at the which would constitute terminating 500 and A340–600 aeroplanes. Subsequently, FAA, call 425–227–1221. It is also action for the repetitive inspections on further analysis indicated that repetitive available on the Internet at http:// the modified MLG. We are issuing this inspections of the MLG on A340–500/–600 aeroplanes were not necessary after all. In www.regulations.gov by searching for AD to detect and correct damage or addition, the threshold for the inspection of and locating Docket No. FAA–2016– corrosion under the bogie stop pad of MLG P/N 10–210 series was raised from 24 3984. both MLG bogie beams; this condition to 126 months, and Airbus developed a could result in a damaged bogie beam Examining the AD Docket modification of the MLG P/N 10–210 series and consequent detachment of the beam which provides an (optional) terminating You may examine the AD docket on from the airplane, collapse of the MLG, action for the repetitive inspections. the Internet at http:// or departure of the airplane from the Consequently, EASA AD 2014–0120 was www.regulations.gov by searching for runway, possibly resulting in damage to revised to delete the requirements for A340– and locating Docket No. FAA–2016– 500/–600 aeroplanes, to amend the the airplane and injury to occupants. inspection threshold for MLG P/N 10–210 3984; or in person at the Docket The European Aviation Safety Agency series, and to introduce an optional Management Facility between 9 a.m. (EASA), which is the Technical Agent terminating action for aeroplanes with MLG and 5 p.m., Monday through Friday, for the Member States of the European P/N 10–210 series. except Federal holidays. The AD docket Union, has issued EASA AD 2016–0108, Since EASA AD 2014–0120R1 was issued, contains this AD, the regulatory dated June 8, 2016 (referred to after this Airbus developed a modification (mod evaluation, any comments received, and as the Mandatory Continuing 205289) of the MLG P/N 201252 series and other information. The address for the Airworthiness Information, or ‘‘the P/N 201490 series that must be embodied in Docket Office (telephone 800–647–5527) MCAI’’), to correct an unsafe condition service with Airbus SB A330–32–3275 or SB A340–32–4305. It was also identified that is Docket Management Facility, U.S. for certain Airbus Model A330–200, A340–500/–600 aeroplanes could be removed Department of Transportation, Docket –200 Freighter, and –300 series from the applicability of this [EASA] AD as Operations, M–30, West Building airplanes; and Model A340–200 and no more actions were required on these Ground Floor, Room W12–140, 1200 –300 series airplanes. The MCAI states: aeroplanes. New Jersey Avenue SE., Washington, During a scheduled maintenance For the reason described above, this DC 20590. inspection on the Main Landing Gear (MLG), [EASA] AD retains the requirements of EASA AD 2014–0120R1, which is superseded, FOR FURTHER INFORMATION CONTACT: the bogie stop pad was found deformed and removes the A340–500/–600 aeroplanes from Vladimir Ulyanov, Aerospace Engineer, cracked. Upon removal of the bogie stop pad for replacement, the bogie beam was also the Applicability and requires the International Branch, ANM–116, modification of the MLG P/N 201252 series Transport Airplane Directorate, FAA, found cracked. The results of a laboratory investigation indicated that an overload and P/N 201490 series, which constitutes 1601 Lind Avenue SW., Renton, WA event had occurred and no fatigue terminating action for the repetitive 98057–3356; telephone 425–227–1138; propagation of the crack was evident. A inspections required by this [EASA] AD. fax 425–227–1149. second bogie beam crack was subsequently The required actions include repetitive SUPPLEMENTARY INFORMATION: found on another aeroplane, located under a detailed inspections for damage and bogie stop pad which only had superficial corrosion of the sliding piston sub- Discussion paint damage. assembly, and related investigative and We issued a supplemental notice of This condition, if not detected and corrected, could lead to landing gear bogie corrective actions if necessary. Related proposed rulemaking (SNPRM) to detachment from the aeroplane, or landing investigative actions include a test for amend 14 CFR part 39 to supersede AD gear collapse, or a runway excursion, indications of corrosion and damage to 2013–10–03, Amendment 39–17456 (78 possibly resulting in damage to the aeroplane the bogie assembly base material, and a FR 31386, May 24, 2013) (‘‘AD 2013– and injury to the occupants and/or people on magnetic particle inspection for cracks, 10–03’’). AD 2013–10–03 applied to all the ground. corrosion, and damage of the bogie Airbus Model A330–200, –200 To address this potential unsafe condition, beam. Corrective actions include Freighter, and –300 series airplanes; and EASA issued AD 2008–0223 [which repairing affected parts. Model A340–200, –300, –500, and –600 corresponds to FAA AD 2010–02–10, The required terminating action (for a series airplanes. The SNPRM published Amendment 39–16181 (75 FR 4477, January MLG having P/N 201252 series or P/N 28, 2010)] to require accomplishment of a in the Federal Register on March 22, one-time detailed inspection under the bogie 201490 series) and the optional 2017 (82 FR 14642) (‘‘the SNPRM’’). We stop pad of both MLG bogie beams. As a terminating action (for a MLG having P/ preceded the SNPRM with a notice of result of the one-time inspection required by N 10–210 series) are modifications of proposed rulemaking (NPRM) that that [EASA] AD, numerous bogie stop pad the bogie beam of a MLG, which consist published in the Federal Register on were found corroded and a few cracked. The of installing a nickel under chrome
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coating, a new bogie beam stop pad, and which describe procedures for product. We have no way of new stop pad brackets. modification of the bogie beam of a determining the number of aircraft that You may examine the MCAI in the MLG having P/N 10–210 series on might need these actions. AD docket on the Internet at http:// Model A340 airplanes that include According to the manufacturer, all of www.regulations.gov by searching for installing a nickel under chrome the parts costs of the optional and locating Docket No. FAA–2016– coating, a new bogie beam stop pad, and terminating action specified in this AD 3984. new stop pad brackets. These service may be covered under warranty, thereby bulletins are distinct due to editorial Comments reducing the cost impact on affected revisions. individuals. We do not control warranty We gave the public the opportunity to • Airbus Service Bulletin A340–32– coverage for affected individuals. As a participate in developing this AD. We 4305, dated December 23, 2015, which result, we have included all costs in our considered the comment received. Air describes procedures for modification of cost estimate. We have received no Line Pilots Association, International the bogie beam of a MLG having P/N definitive data that would enable us to supported the SNPRM. 201252 series or P/N 201490 series on provide the work-hour cost estimates for Conclusion Model A340 airplanes that includes the optional terminating action installing a nickel under chrome specified in this AD. We reviewed the available data, coating, a new bogie beam stop pad, and including the comment received, and new stop pad brackets. Authority for This Rulemaking determined that air safety and the Messier-Bugatti-Dowty has issued the public interest require adopting this AD following service information. Title 49 of the United States Code as proposed except for minor editorial • Messier-Bugatti-Dowty Service specifies the FAA’s authority to issue changes. We have determined that these Bulletin A33/34–32–305, including rules on aviation safety. Subtitle I, minor changes: Appendix A, dated April 13, 2015, section 106, describes the authority of • Are consistent with the intent that which describes procedures for the FAA Administrator. ‘‘Subtitle VII: was proposed in the SNPRM for modification of the bogie beam of a Aviation Programs,’’ describes in more correcting the unsafe condition; and MLG having MLG P/N 10–210 series detail the scope of the Agency’s • Do not add any additional burden that includes installing a nickel under authority. upon the public than was already chrome coating, a new bogie beam stop We are issuing this rulemaking under proposed in the SNPRM. pad, and new stop pad brackets. the authority described in ‘‘Subtitle VII, • Related Service Information Under 1 Messier-Bugatti-Dowty Service Part A, Subpart III, Section 44701: CFR Part 51 Bulletin A33/34–32–306, Revision 1, General requirements.’’ Under that including Appendix A, dated May 31, section, Congress charges the FAA with Airbus has issued the following 2016, which describes procedures for promoting safe flight of civil aircraft in service information. • modification of the bogie beam of a air commerce by prescribing regulations Airbus Service Bulletin A330–32– MLG having P/N 201252 series or P/N for practices, methods, and procedures 3248, Revision 05, including Appendix 201490 series that includes installing a the Administrator finds necessary for 1, dated May 4, 2016; and Airbus nickel under chrome coating, a new safety in air commerce. This regulation Service Bulletin A340–32–4286, bogie beam stop pad, and new stop pad is within the scope of that authority Revision 02, including Appendix 1, brackets. because it addresses an unsafe condition dated January 5, 2016; which describe This service information is reasonably that is likely to exist or develop on procedures for doing an inspection for available because the interested parties products identified in this rulemaking damage and corrosion of the MLG have access to it through their normal action. sliding piston sub-assembly, bogie beam course of business or by the means stop pad and the bogie beam under the identified in the ADDRESSES section. Regulatory Findings stop pad, and related investigative and We determined that this AD will not corrective actions. These documents are Costs of Compliance have federalism implications under distinct since they apply to different We estimate that this AD affects 89 Executive Order 13132. This AD will airplane models. Model A330–200, –200 Freighter, and not have a substantial direct effect on • Airbus Service Bulletin A330–32– –300 series airplanes of U.S. registry. the States, on the relationship between 3268, Revision 01, dated September 21, We estimate that it will take about 13 the national government and the States, 2015, which describes procedures for work-hours per product to comply with or on the distribution of power and modification of the bogie beam of a the basic requirements of this AD. The responsibilities among the various MLG having P/N 10–210 series on average labor rate is $85 per work-hour. levels of government. Model A330 airplanes that includes Based on these figures, we estimate the installing a nickel under chrome cost of this AD on U.S. operators to be For the reasons discussed above, I coating, a new bogie beam stop pad, and $98,345, or $1,105 per product. certify that this AD: new stop pad brackets. Currently, there are no Model A340– 1. Is not a ‘‘significant regulatory • Airbus Service Bulletin A330–32– 200 or –300 series airplanes on the U.S. action’’ under Executive Order 12866; 3275, dated December 23, 2015, which Register. However, if an affected 2. Is not a ‘‘significant rule’’ under the describes procedures for modification of airplane is imported and placed on the DOT Regulatory Policies and Procedures the bogie beam of a MLG having P/N U.S. Register in the future, it would be (44 FR 11034, February 26, 1979); 201252 series or P/N 201490 series on subject to the same per-airplane cost Model A330 airplanes that includes specified above for the Model A330– 3. Will not affect intrastate aviation in installing a nickel under chrome 200, –200 Freighter, and –300 series Alaska; and coating, a new bogie beam stop pad, and airplanes. 4. Will not have a significant new stop pad brackets. In addition, we estimate that any economic impact, positive or negative, • Airbus Service Bulletin A340–32– necessary follow-on actions will take on a substantial number of small entities 4300, dated April 20, 2015; and about 24 work-hours and require parts under the criteria of the Regulatory Revision 01, dated September 21, 2015; costing $78, for a cost of $2,118 per Flexibility Act.
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List of Subjects in 14 CFR Part 39 (g) Repetitive Inspections, Related (1) For airplanes identified in paragraph Investigative Actions, and Corrective (g)(1) of this AD having a MLG P/N 201252 Air transportation, Aircraft, Aviation Actions series or P/N 201490 series: Before the safety, Incorporation by reference, For Model A330–200, –200 Freighter, and accumulation of 2,500 total flight cycles or 24 Safety. –300 series airplanes; and Model A340–200 months, whichever occurs first since the later and –300 series airplanes; equipped with a of the times specified in paragraphs (h)(1)(i) Adoption of the Amendment MLG having part number (P/N) 201252 and (h)(1)(ii) of this AD. series, P/N 201490 series, or P/N 10–210 (i) Since first flight after a MLG overhaul. Accordingly, under the authority series: Do the applicable actions required by (ii) Since first flight after the most recent delegated to me by the Administrator, paragraph (g)(1) or (g)(2) of this AD. accomplishment of an inspection of the MLG, the FAA amends 14 CFR part 39 as (1) For airplanes equipped, as of the as specified in Airbus Service Bulletin A330– follows: effective date of this AD, with a MLG that has 32–3220, Airbus Service Bulletin A330–32– been previously inspected, as specified in 3248, Airbus Service Bulletin A340–32–4264, PART 39—AIRWORTHINESS Airbus Service Bulletin A330–32–3220, or Airbus Service Bulletin A340–32–4286, as DIRECTIVES Airbus Service Bulletin A330–32–3248, applicable. Airbus Service Bulletin A340–32–4264, or (2) For airplanes identified in paragraph Airbus Service Bulletin A340–32–4286, as (g)(1) of this AD having a MLG P/N 10–210 ■ 1. The authority citation for part 39 applicable: At the applicable times specified series: Before the accumulation of 126 continues to read as follows: in paragraphs (h)(1) and (h)(2) of this AD, do months since first flight of the MLG on an airplane or since first flight on an airplane Authority: 49 U.S.C. 106(g), 40113, 44701. a detailed inspection for damage (e.g., cracking and fretting) and corrosion of the after the most recent inspection of the MLG, § 39.13 [Amended] MLG sliding piston sub-assembly, bogie as specified in Airbus Service Bulletin A330– beam stop pad, and the bogie beam under the 32–3248, or Airbus Service Bulletin A340– ■ 2. The FAA amends § 39.13 by stop pad; and do all applicable related 32–4286, as applicable. removing Airworthiness Directive (AD) investigative and corrective actions; in (3) For airplanes identified in paragraph accordance with the Accomplishment (g)(2) of this AD having a MLG P/N 201252 2013–10–03, Amendment 39–17456 (78 series or P/N 201490 series: At the later of FR 31386, May 24, 2013), and adding Instructions of Airbus Service Bulletin A330– 32–3248, Revision 05, including Appendix 1, the times specified in paragraphs (h)(3)(i) and the following new AD: dated May 4, 2016; or Airbus Service Bulletin (h)(3)(ii) of this AD. 2017–14–01 Airbus: Amendment 39–18945; A340–32–4286, Revision 02, including (i) Before the accumulation of 2,500 total Docket No. FAA–2016–3984; Directorate Appendix 1, dated January 5, 2016; as flight cycles or 24 months, whichever occurs Identifier 2014–NM–119–AD. applicable; except as required by paragraph first since the later of the times specified in (j) of this AD. Do all applicable related paragraphs (h)(3)(i)(A) and (h)(3)(i)(B) of this (a) Effective Date investigative and corrective actions before AD. This AD is effective August 10, 2017. further flight. Repeat the inspection of the (A) Since first flight of the MLG on an MLG sliding piston sub-assembly, bogie airplane. (b) Affected ADs beam stop pad, and the bogie beam under the (B) Since first flight after a MLG overhaul. This AD replaces AD 2013–10–03, stop pad, thereafter, at intervals not to exceed (ii) Within 16 months after the effective Amendment 39–17456 (78 FR 31386, May 24, 2,500 flight cycles or 24 months, whichever date of this AD. 2013) (‘‘AD 2013–10–03’’). occurs first. (4) For airplanes identified in paragraph (2) For airplanes equipped, as of the (g)(2) of this AD having a MLG P/N 10–210 (c) Applicability effective date of this AD, with a MLG that has series: Before the accumulation of 126 This AD applies to Airbus airplanes not been previously inspected, as specified in months since first flight of the MLG on an identified in paragraphs (c)(1) and (c)(2) of Airbus Service Bulletin A330–32–3220, airplane. this AD, certificated in any category, all serial Airbus Service Bulletin A330–32–3248, Airbus Service Bulletin A340–32–4264, or (i) Optional Overhaul numbers, except those airplanes that have Airbus Service Bulletin A340–32–4286, as For the purposes of this AD, embodied Airbus Modification 204421 or applicable: At the applicable times specified accomplishment of a MLG overhaul is Airbus Modification 205289 in production. in paragraphs (h)(3) and (h)(4) of this AD, do acceptable instead of an inspection required (1) Model A330–201, –202, –203, –223, a detailed inspection for damage (e.g., by paragraph (g) of this AD. The inspections –223F, –243, –243F, –301, –302, –303, –321, cracking and fretting) and corrosion of the required by paragraph (g) of this AD are not –322, –323, –341, –342, and –343 airplanes. MLG sliding piston sub-assembly, bogie terminated by a MLG overhaul, but are (2) Model A340–211, –212, –213, –311, beam stop pad, and the bogie beam under the required at the next applicable compliance –312, and –313 airplanes. stop pad; and do all applicable related time required by paragraph (g) of this AD. (d) Subject investigative and corrective actions; in accordance with the Accomplishment (j) Service Information Exception Air Transport Association (ATA) of Instructions of Airbus Service Bulletin A330– If the applicable service information America Code 32, Landing gear. 32–3248, Revision 05, including Appendix 1, specified in paragraph (g) of this AD specifies (e) Reason dated May 4, 2016; or Airbus Service Bulletin to contact Messier-Dowty for instructions, or A340–32–4286, Revision 02, including if any repair required by paragraph (g) of this This AD was prompted by reports of Appendix 1, dated January 5, 2016; as AD is beyond the maximum repair allowance corroded and cracked bogie beams under the applicable; except as required by paragraph specified in the applicable service bogie stop pad. We are issuing this AD to (j) of this AD. Do all applicable related information specified in paragraph (g) of this detect and correct damage or corrosion under investigative and corrective actions before AD: Before further flight, repair using a the bogie stop pad of both main landing gear further flight. Repeat the inspection of the method approved by the Manager, (MLG) bogie beams; this condition could MLG sliding piston sub-assembly, bogie International Branch, ANM–116, Transport result in a damaged bogie beam and beam stop pad, and the bogie beam under the Airplane Directorate, FAA; or the European consequent detachment of the beam from the stop pad, thereafter, at intervals not to exceed Aviation Safety Agency (EASA); or Airbus’s airplane, collapse of the MLG, or departure 2,500 flight cycles or 24 months, whichever EASA Design Organization Approval (DOA). of the airplane from the runway, possibly occurs first. resulting in damage to the airplane and (k) MLG Modification injury to occupants. (h) Compliance Times for the Actions For airplanes equipped with a MLG having Required by Paragraph (g) of This AD P/N 201252 series or a MLG having P/N (f) Compliance Do the applicable actions required by 201490 series: Before the accumulation of Comply with this AD within the paragraph (g) of this AD at the applicable 126 months since first flight of the MLG on compliance times specified, unless already time specified in paragraph (h)(1), (h)(2), an airplane or since first flight on an airplane done. (h)(3), or (h)(4) of this AD. after the most recent overhaul as of the
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effective date of this AD, as applicable, modification specified in paragraph (m)(1) of accomplished using a method approved by replace that MLG with a MLG having P/N this AD has not been done: After the Manager, International Branch, ANM– 201252 series or a MLG having P/N 201490 modification of that airplane, as specified in 116, Transport Airplane Directorate, FAA; or series that has an improved bogie beam, as paragraph (m)(1) of this AD. EASA; or Airbus’s EASA DOA. If approved defined in Airbus Service Bulletin A330–32– by the DOA, the approval must include the 3275, dated December 23, 2015; or Airbus (o) Credit for Previous Actions DOA-authorized signature. Service Bulletin A340–32–4305, dated (1) This paragraph provides credit for the (3) Required for Compliance (RC): Except December 23, 2015; as applicable; and in actions required by paragraph (g) of this AD, as required by paragraph (j) of this AD: If any accordance with the Accomplishment if those actions were performed before the service information contains procedures or Instructions of Messier-Bugatti-Dowty effective date of this AD using the service tests that are identified as RC, those Service Bulletin A33/34–32–306, Revision 1, information identified in paragraphs (o)(1)(i) procedures and tests must be done to comply including Appendix A, dated May 31, 2016. through (o)(1)(vii) or (o)(2) of this AD, as with this AD; any procedures or tests that are applicable. (l) Terminating Action Limitation not identified as RC are recommended. Those (i) Airbus Service Bulletin A330–32–3248, procedures and tests that are not identified Accomplishment of corrective actions dated October 5, 2011, which is not as RC may be deviated from using accepted required by paragraph (g) of this AD does not incorporated by reference in this AD. methods in accordance with the operator’s constitute terminating action for the (ii) Airbus Service Bulletin A330–32–3248, maintenance or inspection program without repetitive inspections required by this AD. Revision 01, including Appendix 01, dated obtaining approval of an AMOC, provided (m) Terminating Action for Certain December 13, 2012, which was incorporated the procedures and tests identified as RC can Airplanes by reference in AD 2013–10–03. be done and the airplane can be put back in (iii) Airbus Service Bulletin A330–32– an airworthy condition. Any substitutions or (1) For airplanes with any MLG having P/ 3248, Revision 02, dated April 16, 2014, changes to procedures or tests identified as N 10–210 series: Modification of the bogie which is not incorporated by reference in this RC require approval of an AMOC. beam of each MLG having P/N 10–210 series, AD. as specified in Airbus Service Bulletin A330– (iv) Airbus Service Bulletin A330–32– (q) Related Information 32–3268, Revision 01, dated September 21, 3248, Revision 03, dated November 27, 2014, (1) Refer to Mandatory Continuing 2015; or Airbus Service Bulletin A340–32– which is not incorporated by reference in this Airworthiness Information (MCAI) EASA AD 4300, dated April 20, 2015; or Revision 01, AD. 2016–0108, dated June 8, 2016, for related dated September 21, 2015; as applicable; and (v) Airbus Service Bulletin A330–32–3248, information. This MCAI may be found in the in accordance with the Accomplishment Revision 04, dated January 5, 2016, which is AD docket on the Internet at http:// Instructions of Messier-Bugatti-Dowty not incorporated by reference in this AD. www.regulations.gov by searching for and Service Bulletin A33/34–32–305, including (vi) Airbus Service Bulletin A340–32– locating Docket No. FAA–2016–3984. Appendix A, dated April 13, 2015; 4286, dated October 5, 2011, which was (2) For more information about this AD, constitutes terminating action for the incorporated by reference in AD 2013–10–03. contact Vladimir Ulyanov, Aerospace repetitive inspection requirements of this AD (vii) Airbus Service Bulletin A340–32– Engineer, International Branch, ANM–116, for that airplane, provided that, following in- 4286, Revision 01, dated November 27, 2014, Transport Airplane Directorate, FAA, 1601 service modification, the airplane remains in the post-service bulletin configuration. which is not incorporated by reference in this Lind Avenue SW., Renton, WA 98057–3356; (2) For airplanes with any MLG having P/ AD. telephone 425–227–1138; fax 425–227–1149. N 201252 series or P/N 201490 series: (2) This paragraph provides credit for the (3) Service information identified in this Installation of both left-hand and right-hand actions required by paragraph (k) of this AD, AD that is not incorporated by reference is MLG having P/N 201252 series or P/N if those actions were performed before the available at the addresses specified in 201490 series that has an improved bogie effective date of this AD using Messier- paragraphs (r)(3), (r)(4), and (r)(5) of this AD. Bugatti-Dowty Service Bulletin A33/34–32– beam, as required by paragraph (k) of this (r) Material Incorporated by Reference AD, constitutes terminating action for the 306, dated December 21, 2015, which is not (1) The Director of the Federal Register repetitive inspections requirements of this incorporated by reference in this AD. approved the incorporation by reference AD for that airplane, provided that, following (p) Other FAA AD Provisions in-service modification, the airplane remains (IBR) of the service information listed in this in the post-service bulletin configuration. The following provisions also apply to this paragraph under 5 U.S.C. 552(a) and 1 CFR AD: part 51. (n) Parts Installation Prohibition (1) Alternative Methods of Compliance (2) You must use this service information Do not install on any airplane a pre-Airbus (AMOCs): The Manager, International as applicable to do the actions required by modification MLG having P/N 201252 series Branch, ANM–116, Transport Airplane this AD, unless this AD specifies otherwise. or a pre-Airbus modification MLG having P/ Directorate, FAA, has the authority to (i) Airbus Service Bulletin A330–32–3248, N 201490 series, as specified in paragraph approve AMOCs for this AD, if requested Revision 05, including Appendix 1, dated (n)(1) or (n)(2) of this AD, as applicable; or using the procedures found in 14 CFR 39.19. May 4, 2016. a pre-Airbus modification MLG having P/N In accordance with 14 CFR 39.19, send your (ii) Airbus Service Bulletin A330–32–3268, 10–210 series, as specified in paragraph request to your principal inspector or local Revision 01, dated September 21, 2015. (n)(3) or (n)(4) of this AD, as applicable. Flight Standards District Office, as (iii) Airbus Service Bulletin A330–32– (1) For any airplane that is in a post-Airbus appropriate. If sending information directly 3275, dated December 23, 2015. Modification 205289 configuration, or on to the manager of the International Branch, (iv) Airbus Service Bulletin A340–32– which the modification required by send it to the attention of the person 4286, Revision 02, including Appendix 1, paragraph (k) of this AD has been done: From identified in paragraph (q)(2) of this AD. dated January 5, 2016. the effective date of this AD. Information may be emailed to: 9-ANM-116- (v) Airbus Service Bulletin A340–32–4300, (2) For any airplane that is in a pre-Airbus [email protected]. dated April 20, 2015. Modification 205289 configuration, or on (i) Before using any approved AMOC, (vi) Airbus Service Bulletin A340–32– which the modification required by notify your appropriate principal inspector, 4300, Revision 01, dated September 21, 2015. paragraph (k) of this AD has not been done: or lacking a principal inspector, the manager (vii) Airbus Service Bulletin A340–32– After modification of that airplane, as of the local flight standards district office/ 4305, dated December 23, 2015. required by paragraph (k) of this AD. certificate holding district office. (viii) Messier Bugatti Dowty Service (3) For any airplane that is in post-Airbus (ii) AMOCs approved previously for AD Bulletin A33/34–32–305, including Modification 204421 configuration, or on 2013–10–03 are not approved as AMOCs Appendix A, dated April 13, 2015. which the modification specified in with this AD. (ix) Messier Bugatti Dowty Service Bulletin paragraph (m)(1) of this AD has been done: (2) Contacting the Manufacturer: As of the A33/34–32–306, Revision 1, including From the effective date of this AD. effective date of this AD, for any requirement Appendix A, dated May 31, 2016. (4) For an airplane that is in pre-Airbus in this AD to obtain corrective actions from (3) For Airbus service information Modification 204421, or on which the a manufacturer, the action must be identified in this AD, contact Airbus SAS,
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Airworthiness Office—EAL, 1 Rond Point ADDRESSES: For service information potentially resulting in loss of control of Maurice Bellonte, 31707 Blagnac Cedex, identified in this final rule, contact the airplane. France; telephone: +33 5 61 93 36 96; fax: Bombardier, Inc., Q-Series Technical Transport Canada Civil Aviation +33 5 61 93 45 80; email: Help Desk, 123 Garratt Boulevard, (TCCA), which is the aviation authority [email protected]; for Canada, has issued Canadian AD Internet http://www.airbus.com. Toronto, Ontario M3K 1Y5, Canada; (4) For Messier-Bugatti-Dowty service telephone 416–375–4000; fax 416–375– CF–2016–27, dated September 14, 2016 information identified in this final rule, 4539; email thd.qseries@ (referred to after this as the Mandatory contact Messier Services Americas, Customer aero.bombardier.com; Internet http:// Continuing Airworthiness Information, Support Center, 45360 Severn Way, Sterling, www.bombardier.com. You may view or ‘‘the MCAI’’), to correct an unsafe VA 20166–8910; phone: 703–450–8233; fax: this referenced service information at condition for certain Bombardier, Inc., 703–404–1621; Internet: https:// the FAA, Transport Airplane Model DHC–8–401 and DHC–8–402 techpubs.services/messier-dowty.com. Directorate, 1601 Lind Avenue SW., airplanes. The MCAI states: (5) You may view this service information at the FAA, Transport Airplane Directorate, Renton, WA. For information on the An operator reported that the flying pilot 1601 Lind Avenue SW., Renton, WA. For availability of this material at the FAA, was unable to move the rudder pedal due to information on the availability of this call 425–227–1221. It is also available an obstruction caused by the non-flying material at the FAA, call 425–227–1221. on the Internet at http:// pilot’s foot. The shoe belonging to the non- (6) You may view this service information www.regulations.gov by searching for flying pilot was placed between the rudder that is incorporated by reference at the and locating Docket No. FAA–2017– pedal and the newly installed wiring shroud National Archives and Records 0125. and prevented rudder pedal movement. The Administration (NARA). For information on wiring shroud was installed to support the the availability of this material at NARA, call Examining the AD Docket wire harnesses installed below the cockpit instrument panel. 202–741–6030, or go to: http:// You may examine the AD docket on www.archives.gov/federal-register/cfr/ibr- If not corrected, this condition could locations.html. the Internet at http:// prevent rudder movement during critical www.regulations.gov by searching for phases of flight or ground operation, and Issued in Renton, Washington, on June 23, and locating Docket No. FAA–2017– result in loss of control of the aeroplane. 2017. 0125; or in person at the Docket This [Canadian] AD was issued to re-work Chris Spangenberg, Management Facility between 9 a.m. the wiring shrouds to eliminate potential for Acting Manager, Transport Airplane and 5 p.m., Monday through Friday, obstruction. Directorate, Aircraft Certification Service. except Federal holidays. The AD docket You may examine the MCAI in the [FR Doc. 2017–13949 Filed 7–5–17; 8:45 am] contains this AD, the regulatory AD docket on the Internet at http:// BILLING CODE 4910–13–P evaluation, any comments received, and www.regulations.gov by searching for other information. The street address for and locating Docket No. FAA–2017– the Docket Office (telephone 800–647– 0125. DEPARTMENT OF TRANSPORTATION 5527) is Docket Management Facility, Comments U.S. Department of Transportation, Federal Aviation Administration Docket Operations, M–30, West We gave the public the opportunity to Building Ground Floor, Room W12–140, participate in developing this AD. The 14 CFR Part 39 1200 New Jersey Avenue SE., following presents the comments [Docket No. FAA–2017–0125; Directorate Washington, DC 20590. received on the NPRM and the FAA’s Identifier 2016–NM–193–AD; Amendment response to each comment. FOR FURTHER INFORMATION CONTACT: 39–18946; AD 2017–14–02] Cesar Gomez, Aerospace Engineer, Support for the NPRM RIN 2120–AA64 Airframe and Mechanical Systems The Air Line Pilots Association, Branch, ANE–171, FAA, New York Airworthiness Directives; Bombardier, International, stated that it supports the Aircraft Certification Office (ACO), 1600 NPRM. Inc., Airplanes Stewart Avenue, Suite 410, Westbury, Request To Refer to Updated Service AGENCY: Federal Aviation NY 11590; telephone: 516–228–7318; Administration (FAA), Department of fax: 516–794–5531. Information and Provide Credit Transportation (DOT). SUPPLEMENTARY INFORMATION: Horizon Air requested that we revise the proposed AD to refer to the newest ACTION: Final rule. Discussion version of the service information, SUMMARY: We are adopting a new We issued a notice of proposed Bombardier Service Bulletin 84–25–169, airworthiness directive (AD) for certain rulemaking (NPRM) to amend 14 CFR Revision B, dated February 17, 2017. Bombardier, Inc., Model DHC–8–401 part 39 by adding an AD that would Horizon Air also asked that we provide and DHC–8–402 airplanes. This AD was apply to certain Bombardier, Inc., Model credit for previous actions done using prompted by a report that a pilot was DHC–8–401 and DHC–8–402 airplanes. Bombardier Service Bulletin 84–25–169, unable to move the rudder pedal due to The NPRM published in the Federal Revision A, dated April 25, 2016. an obstruction. This AD requires an Register on March 2, 2017 (82 FR We agree with the commenter’s inspection to determine if wiring 12301). The NPRM was prompted by a requests. We have determined that the shrouds are present, and modifying the report that a pilot was unable to move new service information does not wiring shrouds if necessary. We are the rudder pedal due to an obstruction. require any additional actions for issuing this AD to address the unsafe The NPRM proposed to require an airplanes modified using Revision A. condition on these products. inspection to determine if wiring We have revised this AD to refer to DATES: This AD is effective August 10, shrouds are present, and modifying the Bombardier Service Bulletin 84–25–169, 2017. wiring shrouds if necessary. We are Revision B, dated February 17, 2017. We The Director of the Federal Register issuing this AD to prevent an have also added paragraph (h) to this approved the incorporation by reference obstruction that could prevent rudder AD to provide credit for previous of a certain publication listed in this AD pedal movement during critical phases actions and redesignated subsequent as of August 10, 2017. of flight or ground operations, paragraphs accordingly.
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Request To Reference Only the Actions corrected. We have revised paragraph Related Service Information Under 1 Required for Compliance (g) of this AD accordingly. CFR Part 51 Horizon Air requested that we revise Conclusion We reviewed Bombardier Service the requirements of the proposed AD to We reviewed the relevant data, Bulletin 84–25–169, Revision B, dated mandate only the actions in paragraph considered the comments received, and February 17, 2017. This service 3.B., ‘‘Procedure’’ of the determined that air safety and the information describes procedures for an Accomplishment Instructions of public interest require adopting this AD inspection to verify if wiring shrouds Bombardier Service Bulletin 84–25–169, with the changes described previously are installed, and modification of any Revision B, dated February 17, 2017, and minor editorial changes. We have existing wiring shrouds. This service rather than the entire Accomplishment determined that these minor changes: information is reasonably available Instructions. Horizon Air explained that • Are consistent with the intent that because the interested parties have requiring the job set-up and close-out was proposed in the NPRM for access to it through their normal course sections of the service information correcting the unsafe condition; and of business or by the means identified restricts an operator’s ability to perform • Do not add any additional burden in the ADDRESSES section. other maintenance at the same time as upon the public than was already Costs of Compliance incorporating the service information. proposed in the NPRM. We agree with the commenter’s We also determined that these We estimate that this AD affects 82 request because it provides operators changes will not increase the economic airplanes of U.S. registry. additional flexibility, while still burden on any operator or increase the We estimate the following costs to ensuring the unsafe condition is scope of this AD. comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Inspection ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $6,970
We estimate the following costs to do be required based on the results of the determining the number of aircraft that any necessary modifications that would inspection. We have no way of might need these modifications:
ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Modification of wiring shrouds ...... 7 work-hours × $85 per hour = $595 ...... $71 $666
Authority for This Rulemaking Executive Order 13132. This AD will Adoption of the Amendment Title 49 of the United States Code not have a substantial direct effect on the States, on the relationship between Accordingly, under the authority specifies the FAA’s authority to issue delegated to me by the Administrator, rules on aviation safety. Subtitle I, the national government and the States, or on the distribution of power and the FAA amends 14 CFR part 39 as section 106, describes the authority of follows: the FAA Administrator. ‘‘Subtitle VII: responsibilities among the various levels of government. Aviation Programs,’’ describes in more PART 39—AIRWORTHINESS detail the scope of the Agency’s For the reasons discussed above, I DIRECTIVES authority. certify that this AD: We are issuing this rulemaking under 1. Is not a ‘‘significant regulatory ■ 1. The authority citation for part 39 the authority described in ‘‘Subtitle VII, action’’ under Executive Order 12866; continues to read as follows: Part A, Subpart III, Section 44701: General requirements.’’ Under that 2. Is not a ‘‘significant rule’’ under the Authority: 49 U.S.C. 106(g), 40113, 44701. section, Congress charges the FAA with DOT Regulatory Policies and Procedures § 39.13 [Amended] promoting safe flight of civil aircraft in (44 FR 11034, February 26, 1979); air commerce by prescribing regulations 3. Will not affect intrastate aviation in ■ 2. The FAA amends § 39.13 by adding for practices, methods, and procedures Alaska; and the following new airworthiness the Administrator finds necessary for 4. Will not have a significant directive (AD): safety in air commerce. This regulation economic impact, positive or negative, is within the scope of that authority 2017–14–02 Bombardier, Inc.: Amendment on a substantial number of small entities because it addresses an unsafe condition 39–18946; Docket No. FAA–2017–0125; under the criteria of the Regulatory that is likely to exist or develop on Directorate Identifier 2016–NM–193–AD. Flexibility Act. products identified in this rulemaking (a) Effective Date action. List of Subjects in 14 CFR Part 39 This AD is effective August 10, 2017. Regulatory Findings Air transportation, Aircraft, Aviation (b) Affected ADs We determined that this AD will not safety, Incorporation by reference, None. have federalism implications under Safety.
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(c) Applicability in 14 CFR 39.19. In accordance with 14 CFR www.archives.gov/federal-register/cfr/ibr- This AD applies to Bombardier, Inc., 39.19, send your request to your principal locations.html. Model DHC–8–401 and DHC–8–402 inspector or local Flight Standards District Issued in Renton, Washington, on June 23, airplanes, certificated in any category, as Office, as appropriate. If sending information 2017. directly to the manager of the ACO, send it identified in Bombardier Service Bulletin 84– Chris Spangenberg, 25–169, Revision B, dated February 17, 2017. to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, Acting Manager, Transport Airplane (d) Subject 1600 Stewart Avenue, Suite 410, Westbury, Directorate, Aircraft Certification Service. Air Transport Association (ATA) of NY 11590; telephone 516–228–7300; fax [FR Doc. 2017–13950 Filed 7–5–17; 8:45 am] America Code 25, Equipment/furnishings. 516–794–5531. Before using any approved BILLING CODE 4910–13–P AMOC, notify your appropriate principal (e) Reason inspector, or lacking a principal inspector, This AD was prompted by a report that a the manager of the local flight standards pilot was unable to move the rudder pedal district office/certificate holding district DEPARTMENT OF LABOR due to an obstruction caused by the non- office. flying pilot’s foot. We are issuing this AD to (2) Contacting the Manufacturer: For any Occupational Safety and Health prevent an obstruction that could prevent requirement in this AD to obtain corrective Administration rudder pedal movement during critical actions from a manufacturer, the action must phases of flight or ground operations, be accomplished using a method approved 29 CFR Part 1910 potentially resulting in loss of control of the by the Manager, New York ACO, ANE–170, airplane. FAA; or Transport Canada Civil Aviation [Docket No. OSHA–2013–0002] (TCCA); or Bombardier, Inc.’s TCCA Design (f) Compliance RIN 1218–AB80 Approval Organization (DAO). If approved by Comply with this AD within the the DAO, the approval must include the Walking-Working Surfaces and compliance times specified, unless already DAO-authorized signature. done. Personal Protective Equipment (Fall (j) Related Information Protection Systems) for General (g) Inspection and Modification of Wiring Industry; Approval of Collections of Shrouds (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Information Within 6 months after the effective date of AD CF–2016–27, dated September 14, 2016, this AD, do a one-time inspection to for related information. This MCAI may be AGENCY: Occupational Safety and Health determine if wiring shrouds are installed, in found in the AD docket on the Internet at Administration (OSHA), Department of accordance with paragraph 3.B., http://www.regulations.gov by searching for Labor. ‘‘Procedure,’’ of the Accomplishment and locating Docket No. FAA–2017–0125. ACTION: Final rule. Instructions of Bombardier Service Bulletin (2) For more information about this AD, 84–25–169, Revision B, dated February 17, contact Cesar Gomez, Aerospace Engineer, 2017. SUMMARY: This technical amendment Airframe and Mechanical Systems Branch, revises an OSHA regulation to reflect (1) If the airplane does not have wiring ANE–171, FAA, New York ACO, 1600 shrouds installed, no further action is Stewart Avenue, Suite 410, Westbury, NY the Office of Management and Budget’s required by this AD. 11590; telephone: 516–228–7318; fax: 516– (OMB) approval of the collections of (2) If the airplane has wiring shrouds 794–5531. information contained in the general installed, before further flight, modify the (3) Service information identified in this industry Walking-Working Surfaces and wiring shrouds in accordance with paragraph AD that is not incorporated by reference is Personal Protective Equipment (Fall 3.B., ‘‘Procedure,’’ of the Accomplishment available at the addresses specified in Protection Systems) standards. Instructions of Bombardier Service Bulletin paragraphs (k)(3) and (k)(4) of this AD. 84–25–169, Revision B, dated February 17, DATES: Effective July 6, 2017. 2017. (k) Material Incorporated by Reference FOR FURTHER INFORMATION CONTACT: Note 1 to paragraph (g) of this AD: (1) The Director of the Federal Register Todd Owen, OSHA, Directorate of Installation of wiring shrouds was provided approved the incorporation by reference Standards and Guidance, Room N–3609, in Bombardier Modification Summary (IBR) of the service information listed in this U.S. Department of Labor, 200 Package (ModSum) IS4Q2500035–1, Revision paragraph under 5 U.S.C. 552(a) and 1 CFR Constitution Avenue NW., Washington, A, dated July 26, 2011; Revision B, dated part 51. DC 20210; telephone (202) 693–2222. October 10, 2013; Revision C, dated March (2) You must use this service information 26, 2014; or Revision D, dated February 26, as applicable to do the actions required by SUPPLEMENTARY INFORMATION: On 2016; or ModSum IS4Q2500035–2, Revision this AD, unless this AD specifies otherwise. November 18, 2016, OSHA published a A, dated July 26, 2011; Revision B, dated (i) Bombardier Service Bulletin 84–25–169, final rule revising and updating the October 10, 2013; Revision C, dated March Revision B, dated February 17, 2017. general industry Walking-Working 26, 2014; or Revision D, dated February 26, (ii) Reserved. Surfaces and Personal Protective 2016. (3) For service information identified in Equipment (Fall Protection Systems) this AD, contact Bombardier, Inc., Q-Series standards (29 CFR 1910, subparts D and (h) Credit for Previous Actions Technical Help Desk, 123 Garratt Boulevard, I) (81 FR 82494) to provide workers with This paragraph provides credit for actions Toronto, Ontario M3K 1Y5, Canada; required by paragraph (g) of this AD, if those telephone 416–375–4000; fax 416–375–4539; greater protections from slip, trip and actions were performed before the effective email [email protected]; fall hazards. This technical amendment date of this AD using Bombardier Service Internet http://www.bombardier.com. adds to § 1910.8, which displays Bulletin 84–25–169, Revision A, dated April (4) You may view this service information OSHA’s approved general industry 25, 2016. at the FAA, Transport Airplane Directorate, collections of information under the 1601 Lind Avenue SW., Renton, WA. For (i) Other FAA AD Provisions Paperwork Reduction Act of 1985 (44 information on the availability of this U.S.C. 3501 et seq.), the OMB control The following provisions also apply to this material at the FAA, call 425–227–1221. number for the new collection AD: (5) You may view this service information (1) Alternative Methods of Compliance that is incorporated by reference at the requirements in the final rule. (AMOCs): The Manager, New York Aircraft National Archives and Records Final subpart D contains three new Certification Office (ACO), ANE–170, FAA, Administration (NARA). For information on collections of information. First, final has the authority to approve AMOCs for this the availability of this material at NARA, call § 1910.23(b)(10) requires that employers AD, if requested using the procedures found 202–741–6030, or go to: http:// ensure any ladder with structural or
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other defects be tagged immediately the hazard assessment and verification § 1910.8 OMB control numbers under the with ‘‘Dangerous: Do Not Use’’ or requirements in 29 CFR 1910.132 to Paperwork Reduction Act. similar language and removed from include assessments for workers who * * * * * service until ‘‘repaired . . . or use personal fall protection systems (29 replaced.’’ The information will alert CFR 1910.140). These requirements are 29 CFR citation OMB control employers and workers that the ladder contained in the Information Collection No. is not safe and must not be used. Request (ICR) approved by OMB under Second, final § 1910.27(b)(1)(i) control number 1218–0205, which ***** requires, before any rope descent system OSHA included in the final rule 1910.27 ...... 1218–0199 is used, that the building owner inform published in the Federal Register (81 1910.28 ...... 1218–0199 the employer in writing that the FR 82978–80). building owner has identified, tested, Additional public comment on the ***** certified, and maintained each information collections in the final rule [FR Doc. 2017–14122 Filed 7–5–17; 8:45 am] anchorage so it is capable of supporting is not necessary. The public already has at least 5,000 pounds (268 kg), in any had the opportunity to comment on the BILLING CODE 4510–26–P direction for each employee attached. collections of information and OMB has The information must be based on an approved them. This revision of annual inspection by a qualified person § 1910.8 is a purely technical step to DEPARTMENT OF HOMELAND and certification of each anchorage by a increase public awareness of OMB’s SECURITY qualified person, as necessary, and at approval of the collections of least every 10 years. The information Coast Guard information. will assure employers and workers that the building owner has inspected, tested Authority and Signature 33 CFR Part 117 and certified the anchorage, which the [Docket No. USCG–2017–0524] employer may not own or have any Dorothy Dougherty, Deputy Assistant control over, as safe to use. A related Secretary of Labor for Occupational Safety and Health, directed the Drawbridge Operation Regulation; Mill provision, final § 1910.27(b)(1)(ii), River, New Haven, CT requires that the employer ensure no preparation of this notice under the employee uses any anchorage before the authority of the Paperwork Reduction AGENCY: Coast Guard, DHS. employer has obtained written Act of 1995 (44 U.S.C. 3506 et seq.) and ACTION: Notice of deviation from information from the building owner Secretary of Labor’s Order No. 1–2012 drawbridge regulation. indicating that each anchorage meets (77 FR 3912). the requirements of § 1910.27(b)(1)(i). Signed at Washington, DC, on June 28, SUMMARY: The Coast Guard has issued a The employer must keep the 2017. temporary deviation from the operating information for the duration of the job. Dorothy Dougherty, schedule that governs the Chapel Street The information will assure employers Deputy Assistant Secretary of Labor for Bridge across the Mill River, mile 0.4 at and workers that the anchorages Occupational Safety and Health. New Haven, Connecticut. This deviation employers use, but may not own or have is necessary to complete bridge deck any control over, are safe to use. For the reasons stated in the replacement as well as various repairs. Third, final § 1910.28(b)(1)(ii) preamble, the Occupational Safety and This deviation allows the bridge to open specifies that when employers can Health Administration amends 29 CFR for the passage of vessels upon two demonstrate that it is not feasible or part 1910 as follows: hours of advance notice as well as a ten creates a greater hazard to use guardrail, day closure of the draw to all vessel PART 1910—OCCUPATIONAL SAFETY safety net, or personal fall protection traffic. AND HEALTH STANDARDS systems on residential roofs, they must DATES: This deviation is effective from develop and implement a written fall Subpart A—[Amended] 12:01 a.m. on July 10, 2017 through protection plan that meets the 11:59 p.m. on September 9, 2017. requirements of 29 CFR 1926.502(k) and ■ 1. Revise the authority citation for ADDRESSES: The docket for this training that meets the requirements of subpart A to read as follows: deviation, USCG–2017–0524, is 29 CFR 1926.503(a) and (c). The available at http://www.regulations.gov. information collection ensures that Authority: 29 U.S.C. 653, 655, 657; Type the docket number in the employers and workers will know what Secretary of Labor’s Order Numbers 12–71 ‘‘SEARCH’’ box and click ‘‘SEARCH’’. alternative measures will be used at a (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736),1–90 (55 FR 9033), 6–96 (62 FR Click on Open Docket Folder on the line given worksite to provide an 111), 3–2000 (65 FR 50017), 5–2002 (67 FR associated with this deviation. appropriate level of protection when 65008), 5–2007 (72 FR 31159), 4–2010 (75 FR FOR FURTHER INFORMATION CONTACT: If conventional fall protection is not 55355), or 1–2012 (77 FR 3912), as feasible. applicable. you have questions on this temporary These requirements are contained in Sections 1910.6, 1910.7, 1910.8 and 1910.9 deviation, call or email James M. Moore, the Information Collection Request (ICR) also issued under 29 CFR 1911. Section Bridge Management Specialist, First approved by OMB under control 1910.7(f) also issued under 31 U.S.C. 9701; District Bridge Branch, U.S. Coast number 1218–0199, which OSHA 29 U.S.C. 9a; 5 U.S.C. 553; Public Law 106– Guard; telephone 212–514–4334, email included in the final rule published in 113 (113 Stat. 1501A–222); Public Law 11– [email protected]. 8 and 111–317; and OMB Circular A–25 the Federal Register (81 FR 82978–80). SUPPLEMENTARY INFORMATION: The City (dated July 8, 1993) (58 FR 38142, July 15, of New Haven, the owner of the bridge, The collections of information in final 1993). subpart D are necessary to ensure requested a temporary deviation from workers are protected from death or ■ 2. Amend § 1910.8 by adding to the the normal operating schedule to injury from falls from elevated heights. table, in the proper numerical sequence, facilitate rehabilitation of the bridge, Final subpart I expands the existing the entries for ‘‘1910.27,’’ and specifically replacement of the bridge collections of information contained in ‘‘1910.28,’’ to read as follows: deck. The Chapel Street Bridge, across
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the Mill River, mile 0.4 at New Haven, from the operating regulations is operating machinery. The Hutchinson Connecticut offers mariners a vertical authorized under 33 CFR 117.35. River Parkway Bridge, across the clearance of 7.9 feet at mean high water Dated: June 30, 2017. Hutchinson River, mile 0.9 at New York, and 14 feet at mean low water in the C.J. Bisignano, New York has a vertical clearance of 30 closed position. The existing Supervisory Bridge Management Specialist, feet at mean high water and 38 feet at drawbridge operating regulations are First Coast Guard District. mean low water in the closed position. listed at 33 CFR 117.213(d). The existing drawbridge operating Under this temporary deviation the [FR Doc. 2017–14164 Filed 7–5–17; 8:45 am] BILLING CODE 9110–04–P regulations are listed at 33 CFR Chapel Street Bridge will operate as 117.793(b). follows: From 12:01 a.m. July 10, 2017 until 11:59 p.m. July 26, 2017, the On May 1, 2017, the Coast Guard DEPARTMENT OF HOMELAND Chapel Street Bridge will open for the published a temporary deviation SECURITY passage of vessels requiring an opening entitled ‘‘Drawbridge Operation Regulation; Hutchinson River, New provided two hours of advance notice is Coast Guard furnished to the owner of the bridge; York, NY’’ in the Federal Register (82 except that, from 7:30 a.m. to 8:30 a.m. 33 CFR Part 117 FR 20257). Under that temporary and 4:45 p.m. to 5:45 p.m., Monday deviation, between April 3, 2017 and through Friday, except Federal holidays, [Docket No. USCG–2017–0231] September 29, 2017, the draw of the the draw need not open for the passage Hutchinson River Parkway Bridge of vessel traffic. The bridge will remain Drawbridge Operation Regulation; would remain closed to navigation for a Hutchinson River, New York, NY closed to all vessels requiring an period not to exceed 7 days; the draw opening from 12:01 a.m. July 27, 2017 AGENCY: Coast Guard, DHS. would then open for vessels in until 11:59 p.m. August 7, 2017 to ACTION: Notice of temporary deviation accordance with established operating facilitate the pouring/curing of new from drawbridge regulation; regulations for a period not to exceed bridge deck material. From 12:01 a.m. modification. another 7 days, after which the cycle August 8, 2017 until 11:59 p.m. would repeat. September 9, 2017 the bridge will open SUMMARY: The Coast Guard has modified for the passage of vessels requiring an a temporary deviation from the Due to project delays prompted by opening provided two hours of advance operating schedule that governs the inclement weather and bridge notice is furnished to the owner of the Hutchinson River Parkway Bridge equipment failure, the New York City bridge; except that from 7:30 a.m. to across the Hutchinson River, mile 0.9 at Department of Transportation has 8:30 a.m. and 4:45 p.m. to 5:45 p.m., New York, New York. This deviation is requested that between June 9, 2017 and Monday through Friday, except Federal necessary to complete application of August 31, 2017 the draw of the holidays, the draw need not open for the protective coating on the bridge as well Hutchinson River Parkway Bridge passage of vessel traffic. as maintenance of operating machinery. remain closed to navigation for a period The bridge routinely opens for This modified deviation allows the not to exceed 14 days; the draw will commercial vessels. Nevertheless, bridge to remain in the closed-to- then open for vessels in accordance outreach with mariners has indicated navigation position for periods of up to with established operating regulations the requirement for two hours of two weeks over the course of the for a period not to exceed 7 days, after advance notice will not impede routine summer months in order to expedite which the cycle will repeat. Between waterway operations. Mariners also work efforts. September 1, 2017 and September 29, offered no objection to a ten day closure DATES: This deviation is effective 2017, the draw will remain closed to of the draw in order to complete the without actual notice from July 6, 2017 navigation for a period not to exceed 7 necessary deck replacement. The through 12:01 a.m. on September 29, days; the draw will then open for concrete pour and curing process can be 2017. For the purposes of enforcement, vessels in accordance with established accomplished in four days, but a ten day actual notice will be used from 12:01 operation regulations for another 7 days, closure period has been requested in a.m. on June 30, 2017 until July 6, 2017. after which the cycle will repeat. order to take inclement weather into ADDRESSES: The docket for this account. The bridge will resume Vessels that can pass under the bridge deviation, USCG–2017–0231 is available operations as soon as the curing process without an opening may do so at all at http://www.regulations.gov. Type the has been completed. times. The bridge will not be able to Vessels that can pass under the bridge docket number in the ‘‘SEARCH’’ box open for emergencies. There is no without an opening may do so at all and click ‘‘SEARCH.’’ Click on Open alternate route for vessels to pass. times. The bridge will be not able to Docket Folder on the line associated with this deviation. The Coast Guard will also inform the open for emergencies. There is no users of the waterways through our FOR FURTHER INFORMATION CONTACT: If alternate route for vessels to pass. Local and Broadcast Notices to Mariners The Coast Guard will also inform the you have questions on this modified temporary deviation, call or email James of the change in operating schedule for users of the waterways through our the bridge so that vessel operators can Local and Broadcast Notices to Mariners M. Moore, Bridge Management Specialist, First District Bridge Branch, arrange their transit to minimize any of the change in operating schedule for impact caused by the temporary the bridge so that vessel operators can U.S. Coast Guard; telephone 212–514– deviation. arrange their transits to minimize any 4334, email [email protected]. impact caused by the temporary SUPPLEMENTARY INFORMATION: The New In accordance with 33 CFR 117.35(e), deviation. York City Department of Transportation, the drawbridge must return to its regular In accordance with 33 CFR 117.35(e), the owner of the bridge, requested a operating schedule immediately at the the drawbridge must return to its regular temporary deviation from the normal end of the effective period of this operating schedule immediately at the operating schedule to facilitate temporary deviation. This deviation end of the effective period of this application of protective coating to the from the operating regulations is temporary deviation. This deviation bridge as well as maintenance of authorized under 33 CFR 117.35.
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Dated: June 30, 2017. Hodges) Bridge to require vessels temporary safety zone is necessary to C.J. Bisignano, seeking an opening of the draw to protect mariners and vessels from the Supervisory Bridge Management Specialist, submit a minimum of two hours of navigational hazards associated with a First Coast Guard District. advance notice on weekdays (Monday fireworks display. [FR Doc. 2017–14171 Filed 7–5–17; 8:45 am] through Friday) between the hours of 8 DATES: This rule is effective from 9:15 BILLING CODE 9110–04–P a.m. and 4 p.m. from July 1, 2017 to p.m. on July 27, 2017, until 10:45 p.m. December 22, 2017. July 28, 2017. The waterway is transited by seasonal ADDRESSES: To view documents DEPARTMENT OF HOMELAND recreational traffic as well as mentioned in this preamble as being SECURITY commercial vessels, largely tug and available in the docket, go to http:// barge combinations. The 55 foot vertical www.regulations.gov, type USCG–2017– Coast Guard clearance while the bridge is in the 0345 in the ‘‘SEARCH’’ box and click closed position offers the bulk of ‘‘SEARCH.’’ Click on Open Docket 33 CFR Part 117 commercial traffic sufficient room to Folder on the line associated with this [Docket No. USCG–2017–0595] transit under the bridge in the closed rule. position. Vessels that can pass under the FOR FURTHER INFORMATION CONTACT: If Drawbridge Operation Regulation; bridge without an opening may do so at you have questions on this rule, call or Jamaica Bay, Queens, NY all times. The bridge will be able to email LT Michael Collet, Chief of open for emergencies. There is no AGENCY: Coast Guard, DHS. Waterways Management, U.S. Coast immediate alternate route for vessels ACTION: Guard Sector Buffalo; telephone 716– Notice of deviation from unable to pass through the bridge when drawbridge regulation. 843–9322, email in the closed position. [email protected]. SUMMARY: The Coast Guard has issued a The Coast Guard will also inform the SUPPLEMENTARY INFORMATION: temporary deviation from the operating users of the waterways through our schedule that governs the Marine Local and Broadcast Notices to Mariners I. Table of Abbreviations Parkway (Gil Hodges) Bridge across of the change in operating schedule for CFR Code of Federal Regulations Rockaway Inlet, mile 3.0, at Queens, the bridge so that vessel operators can DHS Department of Homeland Security NY. This deviation is necessary to arrange their transits to minimize any FR Federal Register complete bridge maintenance and impact caused by this temporary NPRM Notice of proposed rulemaking repairs. This deviation allows the bridge deviation. § Section U.S.C. United States Code to remain in the closed position. In accordance with 33 CFR 117.35(e), DATES: This deviation is effective the drawbridge must return to its regular II. Background Information and without actual notice from July 6, 2017 operating schedule immediately at the Regulatory History end of the effective period of this through 4 p.m. on December 22, 2017. The Coast Guard is issuing this temporary deviation. This deviation For the purposes of enforcement, actual temporary rule without prior notice and from the operating regulations is notice will be used from 8 a.m. on July opportunity to comment pursuant to 1, 2017 until July 6, 2017. authorized under 33 CFR 117.35. authority under section 4(a) of the ADDRESSES: The docket for this Dated: June 29, 2017. Administrative Procedure Act (APA) (5 deviation, USCG–2017–0595 is available C.J. Bisignano, U.S.C. 553(b)). This provision at http://www.regulations.gov. Type the Supervisory Bridge Management Specialist, authorizes an agency to issue a rule docket number in the ‘‘SEARCH’’ box First Coast Guard District. without prior notice and opportunity to and click ‘‘SEARCH’’. Click on Open [FR Doc. 2017–14103 Filed 7–5–17; 8:45 am] comment when the agency for good Docket Folder on the line associated BILLING CODE 9110–04–P cause finds that those procedures are with this deviation. ‘‘impracticable, unnecessary, or contrary FOR FURTHER INFORMATION CONTACT: If to the public interest.’’ Under 5 U.S.C. you have questions on this temporary DEPARTMENT OF HOMELAND 553(b)(B), the Coast Guard finds that deviation, call or email James M. Moore, SECURITY good cause exists for not publishing a Bridge Management Specialist, First notice of proposed rulemaking (NPRM) District Bridge Branch, U.S. Coast Coast Guard with respect to this rule because doing Guard; telephone 212–514–4334, email so would be impracticable. The final [email protected]. 33 CFR Part 165 details of this event were not known to SUPPLEMENTARY INFORMATION: The owner [Docket Number USCG–2017–0345] the Coast Guard until there was of the bridge, the Metropolitan insufficient time remaining before the Transportation Authority, requested a RIN 1625–AA00 event to publish an NPRM. Thus, delaying the effective date of this rule to temporary deviation in order to Safety Zone; Oswego Harborfest 2017 wait for a comment period to run would complete rehabilitation work associated Breakwall Fireworks Display; Oswego be impracticable because it would with the replacement of lift span Harbor, Oswego, NY machinery. The Marine Parkway (Gil inhibit the Coast Guard’s ability to Hodges) Bridge across Rockaway Inlet, AGENCY: Coast Guard, DHS. protect mariners and vessels from the mile 3.0 at Queens, New York has a ACTION: Temporary final rule. hazards associated with a maritime vertical clearance of 55 feet at mean fireworks display. high water and 59 feet at mean low SUMMARY: The Coast Guard is Under 5 U.S.C. 553(d)(3), the Coast water in the closed position. The establishing a temporary safety zone on Guard finds that good cause exists for existing drawbridge operating Oswego Harbor, Oswego, NY. This making this temporary rule effective less regulations are listed at 33 CFR safety zone is intended to restrict than 30 days after publication in the 117.795(a). vessels from a portion of the Oswego Federal Register because doing so The temporary deviation will allow Harbor during the Oswego Harborfest would be impracticable and contrary to the owner of the Marine Parkway (Gil 2017 Breakwall Fireworks Display. This the public interest. Delaying the
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effective date would be contrary to the We conclude that this rule is not a Small businesses may send comments rule’s objectives of ensuring safety of significant regulatory action because we on the actions of Federal employees life on the navigable waters and anticipate that it will have minimal who enforce, or otherwise determine protection of persons and vessels near impact on the economy, will not compliance with, Federal regulations to the event. interfere with other agencies, will not the Small Business and Agriculture adversely alter the budget of any grant Regulatory Enforcement Ombudsman III. Legal Authority and Need for Rule or loan recipients, and will not raise any and the Regional Small Business The Coast Guard is issuing this rule novel legal or policy issues. The safety Regulatory Fairness Boards. The under authority in 33 U.S.C. 1231. The zone created by this rule will be Ombudsman evaluates these actions Captain of the Port Buffalo (COTP) has relatively small and enforced for a annually and rates each agency’s determined that a maritime fireworks relatively short time. Also, the safety responsiveness to small business. If you show presents significant risks to public zone is designed to minimize its impact wish to comment on actions by safety and property. Such hazards on navigable waters. Furthermore, the employees of the Coast Guard, call 1– include premature and accidental safety zone has been designed to allow 888–REG–FAIR (1–888–734–3247). The detonations, dangerous projectiles, and vessels to transit around it. Thus, Coast Guard will not retaliate against falling or burning debris. This rule is restrictions on vessel movement within small entities that question or complain needed to protect personnel, vessels, that particular area are expected to be about this rule or any policy or action and the marine environment in the minimal. Under certain conditions, of the Coast Guard. moreover, vessels may still transit navigable waters within the safety zone C. Collection of Information while the fireworks show is taking through the safety zone when permitted place. by the Captain of the Port. This rule will not call for a new collection of information under the IV. Discussion of the Rule B. Impact on Small Entities Paperwork Reduction Act of 1995 (44 This rule establishes a safety zone on The Regulatory Flexibility Act of U.S.C. 3501–3520). 1980, 5 U.S.C. 601–612, as amended, July 27, 2017, or in the event of requires Federal agencies to consider D. Federalism and Indian Tribal inclement weather July 28, 2017, from the potential impact of regulations on Governments 9:15 p.m. until 10:45 p.m. The safety small entities during rulemaking. The A rule has implications for federalism zone will encompass all waters of the term ‘‘small entities’’ comprises small under Executive Order 13132, Oswego Harbor, Oswego, NY contained businesses, not-for-profit organizations Federalism, if it has a substantial direct within a 350-foot radius of the that are independently owned and effect on the States, on the relationship breakwall between positions 43°27′54″ operated and are not dominant in their between the national government and N., 076°31′24″ W. then northeast to fields, and governmental jurisdictions the States, or on the distribution of 43°27′59″ N., 076°31′12″ W. (NAD 83). with populations of less than 50,000. power and responsibilities among the Entry into, transiting, or anchoring The Coast Guard certifies under 5 U.S.C. various levels of government. We have within the safety zone is prohibited 605(b) that this rule will not have a analyzed this rule under that Order and unless authorized by the Captain of the significant economic impact on a have determined that it is consistent Port Buffalo or his designated on-scene substantial number of small entities. with the fundamental federalism representative. The Captain of the Port While some owners or operators of principles and preemption requirements or his designated on-scene vessels intending to transit the safety described in Executive Order 13132. representative may be contacted via zone may be small entities, for the Also, this rule does not have tribal VHF Channel 16. reasons stated in section V.A above, this implications under Executive Order V. Regulatory Analyses rule will not have a significant 13175, Consultation and Coordination economic impact on any vessel owner with Indian Tribal Governments, We developed this rule after or operator. because it does not have a substantial considering numerous statutes and Under section 213(a) of the Small direct effect on one or more Indian Executive orders related to rulemaking. Business Regulatory Enforcement tribes, on the relationship between the Below we summarize our analyses Fairness Act of 1996 (Pub. L. 104–121), Federal Government and Indian tribes, based on a number of these statutes and we want to assist small entities in or on the distribution of power and Executive orders, and we discuss First understanding this rule. If the rule responsibilities between the Federal Amendment rights of protestors. would affect your small business, Government and Indian tribes. If you A. Regulatory Planning and Review organization, or governmental believe this rule has implications for jurisdiction and you have questions federalism or Indian tribes, please Executive Orders 12866 and 13563 concerning its provisions or options for contact the person listed in the FOR direct agencies to assess the costs and compliance, please contact the person FURTHER INFORMATION CONTACT section benefits of available regulatory listed in the FOR FURTHER INFORMATION above. alternatives and, if regulation is CONTACT section. necessary, to select regulatory Under section 213(a) of the Small E. Unfunded Mandates Reform Act approaches that maximize net benefits. Business Regulatory Enforcement The Unfunded Mandates Reform Act Executive Order 13563 emphasizes the Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires importance of quantifying both costs we want to assist small entities in Federal agencies to assess the effects of and benefits, of reducing costs, of understanding this rule. If the rule their discretionary regulatory actions. In harmonizing rules, and of promoting would affect your small business, particular, the Act addresses actions flexibility. This rule has not been organization, or governmental that may result in the expenditure by a designated a ‘‘significant regulatory jurisdiction and you have questions State, local, or tribal government, in the action,’’ under Executive Order 12866. concerning its provisions or options for aggregate, or by the private sector of Accordingly, it has not been reviewed compliance, please contact the person $100,000,000 (adjusted for inflation) or by the Office of Management and listed in the FOR FURTHER INFORMATION more in any one year. Though this rule Budget. CONTACT section. will not result in such an expenditure,
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we do discuss the effects of this rule (b) Enforcement period. This rule will mooring or anchoring within these elsewhere in this preamble. be enforced from 9:15 p.m. until 10:45 limited access areas is prohibited unless p.m. on July 27, 2017, or in the event authorized by the COTP LIS. F. Environment of inclement weather, on July 28, 2017, DATES: This rule is effective without We have analyzed this rule under from 9:15 p.m. until 10:45 p.m. actual notice from July 6, 2017 through Department of Homeland Security (c) Regulations. (1) In accordance with July 8, 2017. For the purposes of Management Directive 023–01 and the general regulations in § 165.23 of enforcement, actual notice will be used Commandant Instruction M16475.lD, this part, entry into, transiting, or from July 3, 2017, through July 6, 2017. which guide the Coast Guard in anchoring within this safety zone is ADDRESSES: To view documents complying with the National prohibited unless authorized by the mentioned in this preamble as being Environmental Policy Act of 1969 (42 Captain of the Port Buffalo or his available in the docket, go to http:// U.S.C. 4321–4370f), and have designated on-scene representative. www.regulations.gov, type USCG–2017– determined that it is one of a category (2) This safety zone is closed to all 0440 in the ‘‘SEARCH’’ box and click of actions that do not individually or vessel traffic, except as may be ‘‘SEARCH.’’ Click on Open Docket cumulatively have a significant effect on permitted by the Captain of the Port Folder on the line associated with this the human environment. This rule Buffalo or his designated on-scene rule. establishes a safety zone. It is representative. FOR FURTHER INFORMATION CONTACT: If categorically excluded under section (3) The ‘‘on-scene representative’’ of you have questions on this rule, contact 2.B.2, figure 2–1, paragraph 34(g) of the the Captain of the Port Buffalo is any Petty Officer Amber Arnold, Prevention Instruction, which pertains to Coast Guard commissioned, warrant or Department, Coast Guard Sector Long establishment of safety zones. A Record petty officer who has been designated Island Sound, telephone (203) 468– of Environmental Consideration (REC) by the Captain of the Port Buffalo to act 4583, email [email protected]. supporting this determination is on his behalf. available in the docket where indicated (4) Vessel operators desiring to enter SUPPLEMENTARY INFORMATION: in the ADDRESSES section of this or operate within the safety zone must I. Table of Abbreviations preamble. contact the Captain of the Port Buffalo COTP Captain of the Port or his on-scene representative to obtain G. Protest Activities DHS Department of Homeland Security permission to do so. The Captain of the FR Federal Register The Coast Guard respects the First Port Buffalo or his on-scene LIS Long Island Sound Amendment rights of protesters. representative may be contacted via NPRM Notice of Proposed Rulemaking Protesters are asked to contact the VHF Channel 16. Vessel operators given NAD 83 North American Datum 1983 person listed in the FOR FURTHER permission to enter or operate in the II. Background Information and INFORMATION CONTACT section to safety zone must comply with all Regulatory History coordinate protest activities so that your directions given to them by the Captain message can be received without of the Port Buffalo, or his on-scene This rule establishes three safety jeopardizing the safety or security of representative. zones for fireworks displays. Each event people, places or vessels. and its corresponding regulatory history Dated: June 26, 2017. are discussed below. List of Subjects in 33 CFR Part 165 J.S. Dufresne, City of West Haven Fireworks is a Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Captain of the recurring marine event with regulatory (water), Reporting and record keeping Port Buffalo. history and is cited in 33 CFR requirements, Security measures, [FR Doc. 2017–14150 Filed 7–5–17; 8:45 am] 165.151(7.13). This event has been Waterways. BILLING CODE 9110–04–P included in this rule due to deviation For the reasons discussed in the from the cite date. preamble, the Coast Guard amends 33 Village of Asharoken Fireworks is a DEPARTMENT OF HOMELAND CFR part 165 as follows: recurring marine event with regulatory SECURITY history and is cited in 33 CFR PART 165—REGULATED NAVIGATION 165.151(7.24). This event has been AREAS AND LIMITED ACCESS AREAS Coast Guard included in this rule due to deviation from the cite position. ■ 1. The authority citation for part 165 33 CFR Part 165 Riverfest Fireworks is a recurring continues to read as follows: [Docket Number USCG–2017–0440] marine event with regulatory history and is cited in 33 CFR 165.151(7.23). Authority: 33 U.S.C. 1231; 50 U.S.C. 191; RIN 165–AA00 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; This event has been included in this Department of Homeland Security Delegation Safety Zones; Marine Events Held in rule due to deviation from the cite date. The Coast Guard is issuing this No. 0170.1. the Captain of the Port Long Island temporary final rule without prior ■ 2. Add § 165.T09–0345 to read as Sound Zone follows: notice and opportunity to comment AGENCY: Coast Guard, DHS. pursuant to authority under section 4(a) § 165.T09–0345 Safety Zone; Oswego ACTION: Temporary final rule. of the Administrative Procedure Act Harborfest 2017 Breakwall Fireworks (APA) (5 U.S.C. 553(b)). This provision Display; Oswego Harbor, Oswego, NY. SUMMARY: The Coast Guard is authorizes an agency to issue a rule (a) Location. This zone will establishing three temporary safety without prior notice and opportunity to encompass all waters of the Oswego zones for fireworks displays within the comment when the agency for good Harbor, Oswego, NY contained within a Captain of the Port (COTP) Long Island cause finds that those procedures are 350-foot radius of the breakwall Sound (LIS) Zone. This temporary final ‘‘impracticable, unnecessary, or contrary between positions 43°27′54″ N., rule is necessary to provide for the to the public interest.’’ Under 5 U.S.C. 076°31′24″ W. then northeast to safety of life on navigable waters during 553(b)(B), the Coast Guard finds that 43°27′59″ N., 076°31′12″ W. (NAD 83). these events. Entry into, transit through, good cause exists for not publishing a
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NPRM with respect to this rule because also contrary to the public interest as it U.S.C. 1231. The COTP LIS has doing so would be impracticable and would inhibit the Coast Guard’s mission determined that the safety zones contrary to the public interest. The to keep the ports and waterways safe. established by this temporary final rule event sponsors were late in submitting Under 5 U.S.C. 553(d)(3), and for the are necessary to provide for the safety of marine event applications. These late same reasons stated in the preceding life on navigable waterways before, submissions did not give the Coast paragraph, the Coast Guard finds that during and after these scheduled events. Guard enough time to publish an good cause exists for making this rule NPRM, take public comments, and issue effective less than 30 days after IV. Discussion of the Rule a final rule before these events take publication in the Federal Register. This rule establishes three safety place. It is impracticable to publish an NPRM because we must establish these III. Legal Authority and Need for Rule zones for three fireworks displays. The safety zones by July 3, 2017. Thus, The Coast Guard is issuing this location of these safety zones are as waiting for a comment period to run is temporary rule under authority in 33 follows:
Fireworks Displays Safety Zones
1. City of West Haven Fireworks ...... Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position 41°15′07″ N., 072°57′26″ W. (NAD 83). 2. Village of Asharoken Fireworks ...... Location: Waters of Northport Bay, Asharoken, NY in approximate po- sition, 40°55′54.04″ N., 073°21′27.97″ W. (NAD 83). 3. Riverfest Fireworks ...... Location: Waters of the Connecticut River, Hartford, CT in approximate positions, 41°45′39.93″ N., 072°39′49.14″ W. (NAD 83).
This rule prevents vessels from The Coast Guard determined that this Enforcement Fairness Act of 1996 (Pub. entering, transiting, mooring, or rule is not a significant regulatory action L. 104–121), we want to assist small anchoring within the areas specifically for the following reasons: (1) The entities in understanding this rule. If the designated as a safety zone and restricts enforcement of these safety zones will rule would affect your small business, vessel movement around the locations be relatively short in duration; (2) organization, or governmental of the marine events to reduce the safety persons or vessels desiring to enter jurisdiction and you have questions risks associated with it during the these safety zones may do so with concerning its provisions or options for period of enforcement unless authorized permission from the COTP LIS or a compliance, please contact the person by the COTP or designated designated representative; (3) these listed in the FOR FURTHER INFORMATION representative. safety zones are designed in a way to CONTACT. The Coast Guard will notify the limit impacts on vessel traffic, Small businesses may send comments public and local mariners of these safety permitting vessels to navigate in other on the actions of Federal employees zones through appropriate means, portions of the waterway not designated who enforce, or otherwise determine which may include, but are not limited as a safety zone; and (4) the Coast Guard compliance with, Federal regulations to to, publication in the Federal Register, will notify the public of the enforcement the Small Business and Agriculture the Local Notice to Mariners, and of this rule via appropriate means, such Regulatory Enforcement Ombudsman Broadcast Notice to Mariners. as via Local Notice to Mariners and and the Regional Small Business Broadcast Notice to Mariners to increase Regulatory Fairness Boards. The V. Regulatory Analyses public awareness of this safety zone. Ombudsman evaluates these actions We developed this rule after annually and rates each agency’s B. Impact on Small Entities considering numerous statutes and responsiveness to small business. If you Executive orders related to rulemaking. The Regulatory Flexibility Act of wish to comment on actions by Below we summarize our analyses 1980, 5 U.S.C. 601–612, as amended, employees of the Coast Guard, call 1– based on these statutes and Executive requires Federal agencies to consider 888–REG–FAIR (1–888–734–3247). The orders and we discuss First Amendment the potential impact of regulations on Coast Guard will not retaliate against rights of protestors. small entities during rulemaking. The small entities that question or complain term ‘‘small entities’’ comprises small A. Regulatory Planning and Review about this rule or any policy or action businesses, not-for-profit organizations of the Coast Guard. Executive Orders 12866 and 13563 that are independently owned and direct agencies to assess the costs and operated and are not dominant in their C. Collection of Information benefits of available regulatory fields, and governmental jurisdictions This rule will not call for a new alternatives and, if regulation is with populations of less than 50,000. collection of information under the necessary, to select regulatory The Coast Guard certifies under 5 U.S.C. Paperwork Reduction Act of 1995 (44 approaches that maximize net benefits. 605(b) that this rule will not have a U.S.C. 3501–3520). Executive Order 13563 emphasizes the significant economic impact on a importance of quantifying both costs substantial number of small entities. D. Federalism and Indian Tribal and benefits, of reducing costs, of While some owners or operators of Governments harmonizing rules, and of promoting vessels intending to transit these A rule has implications for federalism flexibility. This rule has not been regulated areas may be small entities, under Executive Orders 13132, designated a ‘‘significant regulatory for the reasons stated in section V.A Federalism, if it has a substantial direct action,’’ under Executive Order 12866. above, this rule will not have a effect on the States, on the relationship Accordingly, it has not been reviewed significant economic impact on any between the national government and by the Office of Management and vessel owner or operator. Under section the States, or on the distribution of Budget. 213(a) of the Small Business Regulatory power and responsibilities among the
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various levels of government. We have categorically excluded from further (b) Enforcement periods. This section analyzed this rule under that Order and review under paragraph 34(g) of Figure will be enforced on the dates and times have determined that it is consistent 2–1 of Commandant Instruction listed for each event in Table 1 to with the fundamental federalism M16475.lD. A Record of Environmental § 165.T01–0440. principles and preemption requirements Consideration for Categorically (c) Definitions. The following described in Executive Order 13132. Excluded Actions will be available in definitions apply to this section: A Also, this rule does not have tribal the docket where indicated under ‘‘designated representative’’ is any Coast implications under Executive Order ADDRESSES. We seek any comments or Guard commissioned, warrant or petty 13175, Consultation and Coordination information that may lead to the officer of the U.S. Coast Guard who has with Indian Tribal Governments, discovery of a significant environmental been designated by the COTP, Sector because it does not have a substantial impact from this rule. Long Island Sound, to act on his or her direct effect on one or more Indian G. Protest Activities behalf. The designated representative tribes, on the relationship between the may be on an official patrol vessel or Federal Government and Indian tribes, The Coast Guard respects the First may be on shore and will communicate or on the distribution of power and Amendment rights of protesters. with vessels via VHF–FM radio or responsibilities between the Federal Protesters are asked to contact the loudhailer. ‘‘Official patrol vessels’’ may Government and Indian tribes. If you person listed in the FOR FURTHER consist of any Coast Guard, Coast Guard believe this rule has implications for INFORMATION CONTACT section to Auxiliary, state, or local law federalism or Indian tribes, please coordinate protest activities so that your enforcement vessels assigned or contact the person listed in the FOR message can be received without approved by the COTP Sector Long FURTHER INFORMATION CONTACT section jeopardizing the safety or security of Island Sound. In addition, members of above. people, places or vessels. the Coast Guard Auxiliary may be E. Unfunded Mandates Reform Act List of Subjects in 33 CFR Part 165 present to inform vessel operators of this regulation. The Unfunded Mandates Reform Act Harbors, Marine safety, Navigation (water), Reporting and record keeping (d) Regulations. (1) The general of 1995 (2 U.S.C. 1531–1538) requires regulations contained in § 165.23 apply. Federal agencies to assess the effects of requirements, Security measures, (2) In accordance with the general their discretionary regulatory actions. In Waterways. regulations in § 165.23, entry into or particular, the Act addresses actions For the reasons discussed in the movement within these zones are that may result in the expenditure by a preamble, the Coast Guard amends 33 prohibited unless authorized by the State, local, or tribal government, in the CFR part 165 as follows: COTP, Long Island Sound. aggregate, or by the private sector of PART 165—REGULATED NAVIGATION $100,000,000 (adjusted for inflation) or (3) Any vessel given permission to AREAS AND LIMITED ACCESS AREAS more in any one year. Though this rule deviate from these regulations must will not result in such an expenditure, comply with all directions given to ■ 1. The authority citation for part 165 them by the COTP Sector Long Island we do discuss the effects of this rule continues to read as follows: elsewhere in this preamble. Sound, or the designated on-scene Authority: 33 U.S.C. 1231; 50 U.S.C. 191; representative. F. Environment 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; (4) Any vessel given permission to and Department of Homeland Security enter or operate in these safety zones We have analyzed this rule under Delegation No. 0170.1. Department of Homeland Security must comply with all directions given to Management Directive 023–01 and § 165.151 [Amended] them by the COTP Sector Long Island Commandant Instruction M16475.lD, ■ 2. From July 6, 2017 through July 8, Sound, or the designated on-scene which guide the Coast Guard in 2017, remove items 7.13, 7.23, and 7.24 representative. complying with the National from Table 1 to § 165.151. (5) Upon being hailed by a U.S. Coast Environmental Policy Act of 1969 (42 Guard vessel by siren, radio, flashing ■ 3. Add § 165.T01–0440 to read as U.S.C. 4321–4370f), and have light or other means, the operator of the follows: determined that this action is one of a vessel shall proceed as directed. category of actions that do not § 165.T01–0440 Safety Zones; Marine (6) The regulated area for all fireworks individually or cumulatively have a Events held in the Captain of the Port Long displays listed in Table 1 to § 165.T01– significant effect on the human Island Sound Zone. 0440 is that area of navigable waters environment. This temporary rule (a) Location. This section will be within a 1000 foot radius of the launch involves the establishment of three enforced at the locations listed for each platform or launch site for each temporary safety zones. It is event in Table 1 to § 165.T01–0440. fireworks display.
TABLE 1 TO § 165.T01–0440
Fireworks Events
1. City of West Haven Fireworks ...... • Date: July 3, 2017. • Rain Date: July 5, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of New Haven Harbor, off Bradley Point, West Haven, CT in approximate position 41°15′07″ N., 072°57′26″ W. (NAD 83).
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TABLE 1 TO § 165.T01–0440—Continued 2. Village of Asharoken Fireworks ...... • Date: July 4, 2017. • Rain Date: July 5, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Northport Bay, Asharoken, NY in approximate position, 40°55′54.04″ N., 073°21′27.97″ W. (NAD 83). 3. Riverfest Fireworks ...... • Date: July 8, 2017. • Rain Date: July 9, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Connecticut River, Hartford, CT in approxi- mate positions, 41°45′39.93″ N., 072°39′49.14″ W. (NAD 83).
Dated: June 15, 2017. Island Sound, telephone (203) 468– The Coast Guard is issuing this A.E. Tucci, 4583, email [email protected]. temporary final rule without prior Captain, U.S. Coast Guard, Captain of the SUPPLEMENTARY INFORMATION: notice and opportunity to comment Port Sector Long Island Sound. pursuant to authority under section 4(a) I. Table of Abbreviations [FR Doc. 2017–14189 Filed 7–5–17; 8:45 am] of the Administrative Procedure Act BILLING CODE 9110–04–P COTP Captain of the Port (APA) (5 U.S.C. 553(b)). This provision DHS Department of Homeland Security authorizes an agency to issue a rule FR Federal Register without prior notice and opportunity to DEPARTMENT OF HOMELAND LIS Long Island Sound comment when the agency for good SECURITY NPRM Notice of Proposed Rulemaking cause finds that those procedures are NAD 83 North American Datum 1983 ‘‘impracticable, unnecessary, or contrary Coast Guard II. Background Information and to the public interest.’’ Under 5 U.S.C. Regulatory History 553(b)(B), the Coast Guard finds that 33 CFR Part 165 good cause exists for not publishing an This rulemaking establishes seven NPRM with respect to this rule because [Docket Number USCG–2017–0243] safety zones for fireworks displays. Each doing so would be impracticable and event and its corresponding regulatory RIN 165–AA00 contrary to the public interest. The history are discussed below. event sponsors were late in submitting Safety Zones; Marine Events Held in Crescent Beach Club Fireworks is a marine event applications. These late the Captain of the Port Long Island first time marine event with no submissions did not give the Coast Sound Zone regulatory history. Guard enough time to publish an The City of Stamford Fireworks is a AGENCY: NPRM, take public comments, and issue Coast Guard, DHS. recurring marine event with regulatory a final rule before these events take ACTION: Temporary final rule. history and is cited in 33 CFR place. It is impracticable to publish an 165.151(7.12). This event has been SUMMARY: The Coast Guard is NPRM because we must establish these included in this rule due to deviation establishing seven temporary safety safety zones by June 22, 2017. Further, from the cite date. zones for fireworks displays within the waiting for a comment period to run is The City of Norwich July Fireworks, Captain of the Port (COTP) Long Island also contrary to the public interest as it now called the American Ambulance Sound (LIS) Zone. This temporary final would inhibit the Coast Guard’s mission Services Fireworks, is a recurring rule is necessary to provide for the to keep the ports and waterways safe. safety of life on navigable waters during marine event with regulatory history and is cited in 33 CFR 165.151(7.11). Under 5 U.S.C. 553(d)(3), and for the these events. Entry into, transit through, same reasons stated in the preceding mooring or anchoring within these This event has been included in this rule due to deviation from the cite date. paragraph, the Coast Guard finds that regulated areas is prohibited unless good cause exists for making this rule authorized by COTP LIS. The City of Middletown Fireworks is a recurring marine event with regulatory effective less than 30 days after DATES: This rule is effective without history and is cited in 33 CFR publication in the Federal Register. actual notice from July 6, 2017 through 165.151(7.9). This event has been July 7, 2017. For the purposes of III. Legal Authority and Need for Rule included in this rule due to deviation enforcement, actual notice will be used from the cite date and position. The Coast Guard is issuing this from, June 22, 2017, through July 6, Greenwich Parks and Recreation temporary rule under authority in 33 2017. Fireworks is a first time marine event U.S.C. 1231. The COTP Long Island ADDRESSES: To view documents with no regulatory history. Sound has determined that the safety mentioned in this preamble as being The Mason’s Island Yacht Club zones established by this temporary available in the docket, go to http:// Fireworks is a recurring marine event final rule are necessary to provide for www.regulations.gov, type USCG–2017– with regulatory history and is cited in the safety of life on navigable waterways 0243 in the ‘‘SEARCH’’ box and click 33 CFR 165.151(7.21). This event has before, during, and after these ‘‘SEARCH.’’ Click on Open Docket been included in this rule due to scheduled events. Folder on the line associated with this deviation from the cite date. IV. Discussion of the Rule rule. The Madison Fireworks is a recurring FOR FURTHER INFORMATION CONTACT: If marine event with regulatory history This rule establishes seven safety you have questions on this rule, contact and is cited in 33 CFR 165.151(7.38). zones for seven fireworks displays. The Petty Officer Amber Arnold, Prevention This event has been included in this location of these safety zones are as Department, Coast Guard Sector Long rule due to deviation from the cite date. follows:
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Fireworks Events
1. Crescent Beach Club Fireworks ...... Location: All navigable waters of Long Island Sound, Bayville, NY with- in 800 feet of the fireworks barge in approximate position 40°54′43″ N., 073°32′43″ W. (NAD 83). 2. City of Stamford Fireworks ...... Location: All navigable waters of Westcott Cove, Stamford, CT within 1000 feet of the fireworks barge located in approximate position 41°02′09.56″ N., 073°30′57.76″ W. (NAD 83). 3. American Ambulance Services Fireworks ...... Location: All navigable waters of the Thames River, Norwich, CT, with- in 1000 feet of the fireworks barge in approximate position 41°31′15.93″ N., 072°04′42.96″ W. (NAD 83). 4. City of Middletown Fireworks ...... Location: All waters of Connecticut River, Middletown, CT within 1000 feet of the fireworks barge in approximate position 41°33′43″ N., 072°38′32″ W. (NAD 83). 5. Town of Greenwich Parks and Recreation Fireworks ...... Location: All waters of Greenwich Harbor, Greenwich, CT within 560 feet of the land launch site in approximate position 41°00′8.64″ N., 073°34′16.26″ W. (NAD 83). 6. Mason’s Island Yacht Club Fireworks ...... Location: All waters of the Long Island Sound, Mason’s Island, CT within 1000 feet of the fireworks barge in approximate position 41°19′30.61″ N., 071°57′48.22″ W. (NAD 83). 7. Madison Fireworks ...... Location: All navigable waters of the Long Island Sound, Madison, CT within 1000 feet of the of the barge launch site located in approxi- mate position 41°16′03.93″ N., 072°36′15.97″ W. (NAD 83).
This rule prevents vessels from regulatory action for the following entities in understanding this rule. If the entering, transiting, mooring, or reasons: (1) The enforcement of these rule would affect your small business, anchoring within the areas specifically safety zones will be relatively short in organization, or governmental designated as a safety zone and restricts duration; (2) persons or vessels desiring jurisdiction and you have questions vessel movement around the locations to enter these safety zones may do so concerning its provisions or options for of the marine events to reduce the safety with permission from the COTP Long compliance, please contact the person risks associated with it during the Island Sound or a designated listed in the FOR FURTHER INFORMATION period of enforcement unless authorized representative; (3) these safety zones are CONTACT. by the COTP or designated designed in a way to limit impacts on Small businesses may send comments representative. vessel traffic, permitting vessels to on the actions of Federal employees The Coast Guard will notify the navigate in other portions of the who enforce, or otherwise determine public and local mariners of these safety waterway not designated as a safety compliance with, Federal regulations to zones through appropriate means, zone; and (4) the Coast Guard will notify the Small Business and Agriculture which may include, but are not limited the public of the enforcement of this Regulatory Enforcement Ombudsman to the Local Notice to Mariners and rule via appropriate means, such as and the Regional Small Business Broadcast Notice to Mariners. Local Notice to Mariners and Broadcast Regulatory Fairness Boards. The Notice to Mariners to increase public Ombudsman evaluates these actions V. Regulatory Analyses awareness of this safety zone. annually and rates each agency’s We developed this rule after responsiveness to small business. If you B. Impact on Small Entities considering numerous statutes and wish to comment on actions by Executive orders related to rulemaking. The Regulatory Flexibility Act of employees of the Coast Guard, call 1– Below we summarize our analyses 1980, 5 U.S.C. 601–612, as amended, 888–REG–FAIR (1–888–734–3247). The based on these statutes and Executive requires Federal agencies to consider Coast Guard will not retaliate against orders and we discuss First Amendment the potential impact of regulations on small entities that question or complain rights of protestors. small entities during rulemaking. The about this rule or any policy or action term ‘‘small entities’’ comprises small of the Coast Guard. A. Regulatory Planning and Review businesses, not-for-profit organizations Executive Orders 12866 and 13563 that are independently owned and C. Collection of Information direct agencies to assess the costs and operated and are not dominant in their This rule will not call for a new benefits of available regulatory fields, and governmental jurisdictions collection of information under the alternatives and, if regulation is with populations of less than 50,000. Paperwork Reduction Act of 1995 (44 necessary, to select regulatory The Coast Guard certifies under 5 U.S.C. U.S.C. 3501–3520). approaches that maximize net benefits. 605(b) that this rule will not have a Executive Order 13563 emphasizes the significant economic impact on a D. Federalism and Indian Tribal importance of quantifying both costs substantial number of small entities. Governments and benefits, of reducing costs, of While some owners or operators of A rule has implications for federalism harmonizing rules, and of promoting vessels intending to transit these under Executive Orders 13132, flexibility. This rule has not been regulated areas may be small entities, Federalism, if it has a substantial direct designated a ‘‘significant regulatory for the reasons stated in section V.A effect on the States, on the relationship action,’’ under Executive Order 12866. above, this rule will not have a between the national government and Accordingly, it has not been reviewed significant economic impact on any the States, or on the distribution of by the Office of Management and vessel owner or operator. Under section power and responsibilities among the Budget. 213(a) of the Small Business Regulatory various levels of government. We have The Coast Guard determined that this Enforcement Fairness Act of 1996 (Pub. analyzed this rule under that Order and rulemaking is not a significant L. 104–121), we want to assist small have determined that it is consistent
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with the fundamental federalism 2–1 of the Commandant Instruction. A (b) Enforcement periods. This section principles and preemption requirements Record of Environmental Consideration will be enforced on the dates and times described in Executive Order 13132. (REC) for Categorically Excluded listed for each event in Table 1 to Also, this rule does not have tribal Actions will be available in the docket § 165.T01–0243. implications under Executive Order where indicated under ADDRESSES. We (c) Definitions. The following 13175, Consultation and Coordination seek any comments or information that definitions apply to this section: A with Indian Tribal Governments, may lead to the discovery of a ‘‘designated representative’’ is any Coast because it does not have a substantial significant environmental impact from direct effect on one or more Indian this rule. Guard commissioned, warrant, or petty tribes, on the relationship between the officer of the U.S. Coast Guard who has Federal Government and Indian tribes, G. Protest Activities been designated by the COTP Long or on the distribution of power and The Coast Guard respects the First Island Sound to act on his or her behalf. responsibilities between the Federal Amendment rights of protesters. The designated representative may be Government and Indian tribes. If you Protesters are asked to contact the on an official patrol vessel or may be on believe this rule has implications for person listed in the FOR FURTHER shore and will communicate with federalism or Indian tribes, please INFORMATION CONTACT section to vessels via VHF–FM radio or loudhailer. contact the person listed in the FOR coordinate protest activities so that your ‘‘Official patrol vessels’’ may consist of FURTHER INFORMATION CONTACT section message can be received without any Coast Guard, Coast Guard Auxiliary, above. jeopardizing the safety or security of state, or local law enforcement vessels E. Unfunded Mandates Reform Act people, places or vessels. assigned or approved by the COTP Long Island Sound. In addition, members of The Unfunded Mandates Reform Act List of Subjects in 33 CFR part 165 the Coast Guard Auxiliary may be of 1995 (2 U.S.C. 1531–1538) requires Harbors, Marine safety, Navigation Federal agencies to assess the effects of present to inform vessel operators of (water), Reporting and record keeping this regulation. their discretionary regulatory actions. In requirements, Security measures, particular, the Act addresses actions Waterways. (d) Regulations. (1) The general that may result in the expenditure by a For the reasons discussed in the regulations contained in 33 CFR 165.23 State, local, or tribal government, in the preamble, the Coast Guard amends 33 apply. aggregate, or by the private sector of CFR part 165 as follows: (2) In accordance with the general $100,000,000 (adjusted for inflation) or regulations in 33 CFR 165.23, entry into more in any one year. Though this rule PART 165—REGULATED NAVIGATION or movement within these zones are will not result in such an expenditure, AREAS AND LIMITED ACCESS AREAS we do discuss the effects of this rule prohibited unless authorized by the elsewhere in this preamble. ■ 1. The authority citation for part 165 COTP Long Island Sound. continues to read as follows: (3) Any vessel given permission to F. Environment Authority: 33 U.S.C. 1231; 50 U.S.C. 191; deviate from these regulations must We have analyzed this rule under 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; comply with all directions given to Department of Homeland Security and Department of Homeland Security them by the COTP Long Island Sound, Management Directive 023–01 and Delegation No. 0170.1. or the designated on-scene Commandant Instruction M16475.lD, representative. which guide the Coast Guard in § 165.151 [Amended] (4) Any vessel given permission to complying with the National ■ 2. From July 6, 2017 through July 7, enter or operate in these safety zones Environmental Policy Act of 1969 (42 2017, remove items 7.9, 7.11, 7.12, 7.21, U.S.C. 4321–4370f), and have 7.38 from Table 1 to § 165.151. must comply with all directions given to them by the COTP Long Island Sound, determined that this action is one of a ■ 3. Add § 100.T01–0243 to read as or the designated on-scene category of actions that do not follows: individually or cumulatively have a representative. significant effect on the human § 165.T01–0243 Safety Zones; Marine (5) Upon being hailed by a U.S. Coast environment. This temporary rule Events held in the Captain of the Port Long Guard vessel by siren, radio, flashing Island Sound Zone involves the establishment of seven light or other means, the operator of the temporary safety zones. It is (a) Location. This section will be vessel shall proceed as directed. categorically excluded from further enforced at the locations listed for each review under paragraph 34(g) of Figure event in Table 1 to § 165.T01–0243.
TABLE 1 TO § 165.T01–0534
Fireworks Events
1. Crescent Beach Club Fireworks ...... • Date: June 22, 2017. • Time: 9:00 p.m. to 10:15 p.m. • Location: All navigable waters of Long Island Sound, Bayville, NY within 800 feet of the fireworks barge in approximate position 40°54′43″ N., 073°32′43″ W. (NAD 83). 2. City of Stamford Fireworks ...... • Date: June 30, 2017. • Rain Date: July 1, 2017. • Time: 8:00 p.m. to 10:00 p.m. • Location: All navigable waters of Westcott Cove, Stamford, CT within 1000 feet of the fireworks barge located in approximate position 41°02′09.56″ N., 073°30′57.76″ W. (NAD 83). 3. American Ambulance Services Fireworks ...... • Date: June 30, 2017.
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TABLE 1 TO § 165.T01–0534—Continued • Rain Date: July 1, 2017. • Time: 9:00 p.m. to 10:30 p.m. • Location: All navigable waters of the Thames River, Norwich, CT, within 1000 feet of the fireworks barge in approximate position 41°31′15.93″ N., 072°04′42.96″ W. (NAD 83). 4. City of Middletown Fireworks ...... • Date: July 1, 2017. • Rain Date: July 2, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Location: All waters of Connecticut River, Middletown, CT within 1000 feet of the fireworks barge in approximate position 41°33′43″ N., 072°38′32″ W. (NAD 83). 5. Town of Greenwich Parks and Recreation Fireworks ...... • Date: July 1, 2017. • Rain Date: July 2, 2017. • Time: 8:45 p.m. to 10:00 p.m. • Location: All waters of Greenwich Harbor, Greenwich, CT within 560 feet of the land launch site in approximate position 41°00′8.64″ N., 073°34′16.26″ W. (NAD 83). 6. Mason’s Island Yacht Club Fireworks ...... • Date: July 2, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Location: All waters of the Long Island Sound, Mason’s Island, CT within 1000 feet of the fireworks barge in approximate position 41°19′30.61″ N., 071°57′48.22″ W. (NAD 83). 7. Madison Fireworks ...... • Date: July 3, 2017. • Rain Date: July 7, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Location: All navigable waters of the Long Island Sound, Madison, CT within 1000 feet of the of the barge launch site located in approx- imate position 41°16′03.93″ N., 072°36′15.97″ W. (NAD 83).
Dated: June 15, 2017. final deletion is being published by EPA US Environmental Protection Agency at A.E. Tucci, with the concurrence of the State of EPA—Region 1, 5 Post Office Square, Captain, U.S. Coast Guard, Captain of the Massachusetts, through the Suite 100, Boston, MA 02109–3912, Port Sector Long Island Sound. Massachusetts Department of telephone: 617–918–1026, email: [FR Doc. 2017–14188 Filed 7–5–17; 8:45 am] Environmental Protection (MassDEP), White.Sarah@epa.gov. Once submitted, BILLING CODE 9110–04–P because EPA has determined that all comments cannot be edited or removed appropriate response actions under from Regulations.gov. The EPA may CERCLA, other than operation, publish any comment received to its ENVIRONMENTAL PROTECTION maintenance, monitoring, and five-year public docket. Do not submit AGENCY reviews, have been completed. electronically any information you However, this deletion does not consider to be Confidential Business 40 CFR Part 300 preclude future actions under Information (CBI) or other information Superfund. whose disclosure is restricted by statute. [EPA–HQ–SFUND–1986–0005; FRL 9964– Multimedia submissions (audio, video, 03-Region 1] DATES: This direct final deletion is etc.) must be accompanied by a written effective September 5, 2017 unless EPA comment. The written comment is National Oil and Hazardous receives adverse comments by August 7, Substances Pollution Contingency considered the official comment and 2017. If adverse comments are received, should include discussion of all points Plan; National Priorities List: Deletion EPA will publish a timely withdrawal of of the Shpack Landfill Superfund Site you wish to make. The EPA will the direct final deletion in the Federal generally not consider comments or Register informing the public that the AGENCY: Environmental Protection comment contents located outside of the Agency (EPA). deletion will not take effect. primary submission (i.e. on the web, ACTION: Direct final rule. ADDRESSES: Submit your comments, cloud, or other file sharing system). For identified by Docket ID No. EPA–HQ– additional submission methods, the full SUMMARY: The Environmental Protection SFUND–1986–0005 at http:// EPA public comment policy, Agency (EPA) Region 1 is publishing a www.regulations.gov. Follow the online information about CBI or multimedia direct final Notice of Deletion of the instructions for submitting comments. submissions, and general guidance on Shpack Landfill Superfund Site (Site), Comments may also be submitted by making effective comments, please visit located on Union Rd. and Peckham email or mail to Elaine Stanley, https://www2.epa.gov/dockets/ Streets in Norton and Attleboro, Remedial Project Manager, Office of Site commenting-epa-dockets. Publicly Massachusetts, from the National Remediation and Restoration, Mail available docket materials are available Priorities List (NPL). The NPL, Code: OSRR07–4, U.S. Environmental either electronically through http:// promulgated pursuant to section 105 of Protection Agency, Region 1, 5 Post www.regulations.gov or in hard copy at the Comprehensive Environmental Office Square, Suite 100, Boston, MA the site information repositories. Response, Compensation, and Liability 02109–3912, email address: Locations, contacts, phone numbers Act (CERCLA) of 1980, as amended, is [email protected] or Sarah and viewing hours are: an appendix of the National Oil and White, Community Involvement • U.S. EPA Region I, Superfund Hazardous Substances Pollution Coordinator, Office of the Regional Records Center, 5 Post Office Square, Contingency Plan (NCP). This direct Administrator, Mail Code: ORA01–1, Suite 100, Boston, MA 02109, Phone:
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617–918–1440, Monday-Friday: 9:00 discusses EPA’s action to delete the Site notice of the availability of the parallel a.m.–5:00 p.m., Saturday and Sunday— from the NPL unless adverse comments Notice of Intent to Delete is being Closed and are received during the public comment published in a major local newspaper, • The Norton Public Library, 68 East period. The Sun Chronicle, Attleboro, MA. The Main Street, Norton, MA 02766, Phone: newspaper notice announces the 30-day 508–285–0265, Monday, Tuesday, and II. NPL Deletion Criteria public comment period concerning the Thursday: 10:00 a.m.–7: pm, The NCP establishes the criteria that Notice of Intent to Delete the Site from Wednesday: 10am–3 p.m., Friday: EPA uses to delete sites from the NPL. the NPL. 10am–2 p.m., Saturday: Closed until 9/ In accordance with 40 CFR 300.425(e), (4) The EPA placed copies of 10 Sunday—Closed sites may be deleted from the NPL documents supporting the proposed FOR FURTHER INFORMATION CONTACT: where no further response is deletion in the deletion docket and Elaine Stanley, Remedial Project appropriate. In making such a made these items available for public Manager, Office of Site Remediation and determination pursuant to 40 CFR inspection and copying at the Site Restoration, Mail Code: OSRR07–4, U.S. 300.425(e), EPA will consider, in information repositories identified Environmental Protection Agency, consultation with the state, whether any above. Region 1, 5 Post Office Square, Suite of the following criteria have been met: (5) If adverse comments are received 100, Boston, MA 02109–3912, telephone i. Responsible parties or other persons within the 30-day public comment number: 617–918–1332, fax number: have implemented all appropriate period on this deletion action, EPA will 617–918–0332, email address: response actions required; publish a timely notice of withdrawal of [email protected] or Sarah ii. all appropriate Fund-financed this direct final Notice of Deletion White, Community Involvement response under CERCLA has been before its effective date and will prepare Coordinator, Office of the Regional implemented, and no further response a response to comments and continue Administrator, Mail Code: ORA01–1, action by responsible parties is with the deletion process on the basis of US Environmental Protection Agency at appropriate; or the Notice of Intent to Delete and the EPA—Region 1, 5 Post Office Square, iii. the remedial investigation has comments already received. Suite 100, Mail Code ORA01–1, Boston, shown that the release poses no Deletion of a site from the NPL does MA 02109–3912, telephone: 617–918– significant threat to public health or the not itself create, alter, or revoke any 1026, fax number: 617–918–0026, email: environment and, therefore, the taking individual’s rights or obligations. [email protected]. of remedial measures is not appropriate. Deletion of a site from the NPL does not Pursuant to CERCLA section 121 (c) in any way alter EPA’s right to take SUPPLEMENTARY INFORMATION: and the NCP, EPA conducts five-year enforcement actions, as appropriate. Table of Contents reviews to ensure the continued The NPL is designed primarily for I. Introduction protectiveness of remedial actions informational purposes and to assist II. NPL Deletion Criteria where hazardous substances, pollutants, EPA management. Section 300.425(e)(3) III. Deletion Procedures or contaminants remain at a site above of the NCP states that the deletion of a IV. Basis for Site Deletion levels that allow for unlimited use and site from the NPL does not preclude V. Deletion Action unrestricted exposure. EPA conducts eligibility for future response actions, I. Introduction such five-year reviews even if a site is should future conditions warrant such deleted from the NPL. EPA may initiate actions. EPA Region 1 is publishing this direct further action to ensure continued IV. Basis for Site Deletion final Notice of Deletion of the Shpack protectiveness at a deleted site if new Landfill Site, from the National information becomes available that The following information provides Priorities List (NPL). The NPL indicates it is appropriate. Whenever EPA’s rationale for deleting the Site constitutes Appendix B of 40 CFR part there is a significant release from a site from the NPL: 300, which is the National Oil and deleted from the NPL, the deleted site Site Background and History Hazardous Substances Pollution may be restored to the NPL without Contingency Plan (NCP), which EPA application of the hazard ranking The Shpack Landfill Superfund Site, promulgated pursuant to section 105 of system. CERCLIS ID No. MAD980503973, is the Comprehensive Environmental bordered to the north and northwest by Response, Compensation and Liability III. Deletion Procedures Peckham Street (Attleboro) and Union Act (CERCLA) of 1980, as amended. The following procedures apply to Road (Norton); to the west and EPA maintains the NPL as the list of deletion of the Site: southwest by an approximately 55-acre sites that appear to present a significant (1) EPA consulted with the state of municipal and industrial landfill owned risk to public health, welfare, or the Massachusetts prior to developing this by Attleboro Landfill Inc. (ALI); and on environment. Sites on the NPL may be direct final Notice of Deletion and the the southeast, east, and northeast by the the subject of remedial actions financed Notice of Intent to Delete co- published Chartley Swamp. The Site covers by the Hazardous Substance Superfund today in the ‘‘Proposed Rules’’ section approximately 9.4 acres and was (Fund). As described in 300.425(e) (3) of of the Federal Register. operated as a landfill from 1946 until the NCP, sites deleted from the NPL (2) EPA has provided the state 30 the early 1970s, receiving domestic and remain eligible for Fund-financed working days for an opportunity to industrial waste, including low-level remedial actions if future conditions review of this notice and the parallel radioactive waste. In 1978, the Nuclear warrant such actions. Notice of Intent to Delete prior to their Regulatory Commission (NRC) Section II of this document explains publication today, and the state, through conducted radiological surveys at the the criteria for deleting sites from the the Massachusetts Department of Site, detecting radium and uranium NPL. Section III discusses procedures Environmental Protection (MassDEP), within the landfill after being contacted that EPA is using for this action. Section has concurred on the deletion of the Site by a concerned citizen who had IV discusses the Shpack Landfill from the NPL. detected elevated radiation levels in the Superfund Site and demonstrates how it (3) Concurrently with the publication area. In 1980, the Site was added to the meets the deletion criteria. Section V of this direct final Notice of Deletion, a Department of Energy’s (DOE) Formerly
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Utilized Sites Remedial Action Program to the environment. Sediment—prevent initiated in 2005 resumed in June 2007 (FUSRAP), which dealt with the legacy exposure to contaminants in sediment and were completed in October 2011. of the nation’s early atomic energy which present an unacceptable risk to To manage groundwater, all pumped programs. Responsibility was later human health and/or environment. water was infiltrated on-site after transferred from DOE to the United Surface water—reduce migration of treatment utilizing settling tanks, sand States Army Corps of Engineers contamination from site to surface water filtration vessels and bag filters. (USACE). Municipal water supplies did which present an unacceptable risk to A total of 57,805 cubic yards of not extend to the area around the Site human health and the environment. material was excavated, of which 50,908 and there were 27 private wells located Management of Migration: Prevent cubic yards were transported off-site for within 1-mile of the Site. In 1984, EPA ingestion of water which contains disposal. All wastes shipped off-site evaluated the Site to determine if it contaminants in concentrations that were ultimately transported by rail to should be listed on the National exceed Maximum Contaminants Levels the Energy Solutions disposal facility in Priorities List (NPL) and found volatile (MCLs), non-zero Maximum Clive, Utah, a facility licensed for organic compounds (VOCs) and metals Contaminants Level Goals (MCLGs) disposal of LLRW and/or mixed wastes. in groundwater. The site was proposed and/or pose an unacceptable human The USACE completed the Remedial to the NPL on October 15, 1984 (49 FR health risk and/or unacceptable risk to Action Completion Report— 40320). On June 14, 1986 (51 FR 21054), the environment. Radiological Contamination in May the Site was added to the NPL. In response to the RAOs, the remedy 2012 documenting all completed included the following major FUSRAP-related remedial action Remedial Investigation and Feasibility activities at the site. Study (RI/FS) components: Extension of the public water supply line; excavation and off- CERCLA Remedial Action The RI/FS was completed in 2003. As site disposal of soil and sediment with part of the investigation, soil, surface contaminant concentrations exceeding The CERCLA Remedial Action was water, groundwater, sediments and air the cleanup levels specified in the ROD; performed by the Performing were evaluated. Among the primary placement of clean fill in excavated Defendants under a Remedial Design/ contaminants identified at the Site were areas to grade and/or wetlands Remedial Action Consent Decree radium and uranium; volatile organic restoration/replication; relocation of entered on January 27, 2009 in the U.S. contaminants (VOCs); heavy metals existing power line structures, as District Court in Boston for the such as nickel, cadmium, copper, lead needed, and traffic control plan to remainder of the site cleanup. The and mercury; dioxin, polychlorinated implement necessary soil removal and public water supply line extension was biphenyls (PCBs) and per/cyclic backfill actions; implementation of a complete in October 2012, extending The City of Attleboro public water aromatic hydrocarbons (PAHs). The RI surface water, sediment, and supply line approximately 2,600 feet found that the primary risks at the Site groundwater monitoring program; along Peckham Street, to within 500 feet were to residents exposed to implementation of institutional controls of the Site, prior to on-site remedial contaminants by using the groundwater necessary to restrict future use of construction activities. The on-site as drinking water; recreational visitors property and groundwater, and CERCLA Remedial Action began in June exposed to contaminated soil or monitoring compliance with 2013. CERCLA wastes requiring sediment; workers on the Site; and to institutional controls. excavation and disposal were located wildlife from contaminated sediments This remedy was based on the within the Tongue Area, Inner Rung, in the wetland. The FS evaluated commitment by MassDEP to no longer and ALI Debris Area (ALIDA) portions alternatives with various degrees of consider this portion of the aquifer as a of the Site. Management of extracted excavation and off-site disposal of current or future water supply under the groundwater utilized a treatment system contaminants, consolidation of Massachusetts Contingency Plan once for removal of entrained solids prior to remaining contaminated soil and the remedial action is implemented, the on-site infiltration into site soils. Initial sediments under a multi-barrier cap and two private drinking water supply wells providing water line to nearby residents. wetland and upland plantings and abandoned, and Notices of Activity and seeding were completed in November Selected Remedy Use Limitation (NAULs) were placed on and December 2013. CERCLA remedial the properties prohibiting the future use To address the risks presented by construction was completed in of groundwater. Since those conditions exposure to contaminants, EPA issued a December 2013. A total of 27,083 tons have been met, MassDEP revised its Record of Decision (ROD) for the of waste material was transported off- Groundwater Use and Value cleanup of the Site in September 2004. site for disposal. The material included Determination to a low use and value, The ROD encompasses two response the following waste classifications: and EPA considers the groundwater not actions: One managed by the USACE Special Nuclear Material (SNM) non- suitable as a drinking water source. under FUSRAP and the other managed hazardous; hazardous waste (leachable by EPA under CERCLA. Response Actions cadmium); non-hazardous waste; The ROD identified the following asbestos in soil (AIS); and non- remedial action objectives (RAOs): FUSRAP Remedial Action hazardous asbestos-containing building Source Control: Soil—prevent The FUSRAP Remedial Action was materials. Overall, approximately 79 ingestion, direct contact and inhalation performed by USACE and required percent of the wastes removed from the with soil which contains contaminants excavation and disposal of Site were transported by rail to the US in concentrations that exceed Federal contaminated materials within the Ecology disposal facility in Grand View, and State standards; prevent ingestion, Landfill Interior portion of the Site. The Idaho. Most of the remaining wastes direct contact and inhalation with soil action began in August 2005 and after (approximately 20 percent of the total) which have no enforceable Federal or excavation began, it was determined were classified as non-hazardous and State standards but which pose an that the horizontal and vertical extent of were transported by truck to the Waste unacceptable human health risk, and radiological contamination was more Management Turnkey Landfill in prevent exposure to contaminants in extensive than estimated in the ROD. Rochester, New Hampshire. The soil which present an unacceptable risk The FUSRAP activities originally remaining wastes contained asbestos
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and were shipped to a construction Landfill. The USACE excavated 17 test the properties, except Union Road debris landfill licensed to accept pits in the ALI Landfill Debris Area House 1 which was razed and the asbestos. during the FUSRAP activities in 2005. residential well decommissioned in The USACE’s test pit data indicated that 2012 thus no longer requiring NAUL. Cleanup Levels that material exceeded several of the The NAUL prohibits activities and uses FUSRAP Remedial Action ROD cleanup goals for chemical of the Site that may present an In accordance with the requirements compounds, but not the radioactive unacceptable risk to human health as of the Multi-Agency Radiation Survey ones. Approximately 7,970 tons of waste well as providing Site access to the and Site Investigation Manual, material from the ALIDA were removed Performing Defendants for associated (MARSSIM), Revision 1 (August 2000), down to native peat material and monitoring and O&M activities. disposed of off-Site. Waste and debris all excavated areas within the landfill from a fire at an industrial plastics Five-Year Review interior required independent manufacturing facility were reportedly verification to ensure that site-specific Hazardous substances remain at this disposed of in the Tongue Area which cleanup criteria for radiological Site above levels which would allow for extended from the Shpack Landfill contaminants were met. The Final FSS unlimited use and unrestricted exposure Interior toward the Inner Rung. Report, Shpack FUSRAP Superfund requiring EPA to conduct statutory five- Approximately 9,680 tons of waste Landfill Site, Norton/Attleboro, year reviews. The first statutory Five- material were removed from the Tongue Massachusetts (which included the Year Review Report will be completed Area down to native peat material and Final Status Survey (FSS)) was issued in prior to June 12, 2018, which is five disposed of off-Site. The Remedial May 2012. The FSS included collection years from the initiation of construction Action required disturbance of of the CERCLA remedy. of confirmation samples from approximately 203,500 square feet of excavation floors and sidewalls prior to wetlands to remove waste materials and Community Involvement backfill of each excavation area. to restore the wetlands impacted by the Excavations were backfilled only after Throughout the Site’s history, EPA FUSRAP response actions. The final has kept the community and other FSS sampling and on-site lab analytical square footage of wetlands restored and results confirmed that radiological interested parties apprised of Site created on-site during the RA is activities through informational contaminants were below cleanup approximately 231,313 square feet. criteria. Further information can be meetings, fact sheets, press releases, and found in the FSS Report listed above. Operation and Maintenance public meetings. Local residents formed the Citizen’s Advisory Shpack Team CERCLA Remedial Action Initial wetland and upland plantings and seeding under CERCLA Remedial (CAST) to monitor Site activities. On The Inner Rung was a portion of Action were completed in November numerous occasions during 2000–2004, Chartley Swamp that was slated for and December 2013. Routine monitoring EPA and MADEP held informational remedial activities due to ecological and maintenance of the wetland area is meetings to update the community on risk. To address potential risk to benthic scheduled to continue for seven years the results of the RI/FS, including a organisms in the wetland ecosystem, the following completion of construction to November 20, 2003, meeting to discuss excavation removed the top 2 feet of ensure the success of the restored the results of the RI. On June 23, 2004, material throughout the area. The wetland. Inspections, maintenance, and EPA held an informational meeting to restoration of the area included any required plant replacement and re- present the Agency’s Proposed Plan. placement of a 1-foot thick layer of seeding will occur during the first year. From June 24, 2004 to August 25, 2004, clean fill followed by placement of a 1- The Final Operation and Maintenance the Agency held a public comment foot-thick layer of wetland topsoil to Plan includes monitoring criteria with period to accept public comment on the meet the pre-existing grades. specific wetland restoration and alternatives presented in the FS and the Approximately 5,680 tons of waste creation performance goals keyed to a Proposed Plan and the September 28, material generated from the Inner Rung designated scheduled. Operation and 2004 ROD includes the Responsiveness activities were removed and disposed of Maintenance of the Remedy will be Summary to comments received during off Site. The Chemical-Only Soil conducted by the City of Attleboro in the public comment period. Stockpile consisted of materials accordance with the approved O&M Determination That the Site Meets the excavated by the USACE as part of the Plan for the Site. The Performing Criteria for Deletion in the NCP FUSRAP response actions. Based on Defendants have agreed that the City of information provided by the USACE, Attleboro will perform the O&M The remedial actions which have impacts to this material exceeded the activities, including: Compliance been implemented for the FUSRAP and ROD chemical cleanup criteria, but did monitoring; enforcing the ICs as CERCLA achieve the clean-up objectives not exceed ROD radiological criteria. necessary, and prepare and submit and cleanup goals identified in the 2004 The USACE secured the stockpile to annual reports to EPA and MassDEP ROD for the Site. The remaining site protect it from the elements following regarding the status of the ICs, as related contaminants are present at its demobilization from the Site. outlined in the Operations and levels protective of both human health Approximately 3,580 tons of waste Maintenance Plan, Revision #1, dated and the environment and meet EPA’s material from the Chemical-Only Soil July 2015. acceptable risk for all exposure Stockpile were removed and disposed of Prior to completion of the Remedial pathways. All of the selected remedial off-Site. The ALI Debris Area (ALIDA) Action, an interim set of Institutional actions and the remedial action was a portion of the Shpack Landfill Controls (ICs) in the form of Easements, objectives and associated cleanup goals Interior that was the location of a Restrictions, and Non-interference are consistent with the Comprehensive reported slope failure from the ALI Agreements (ERNA) were placed on four Environmental Response, Landfill. The material in this area properties. Following completion of the Compensation, and Liability Act consisted of ALI municipal landfill Remedial Action, a Notice of Activity (CERCLA), the National Contingency debris underlain by industrial landfill and Use Limitation (NAUL) was Plan (NCP) and EPA policy and debris associated with the Shpack recorded in November 2016 for each of guidance.
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All Institutional Controls are in place Appendix B to Part 300—[Amended] SUPPLEMENTARY INFORMATION: and currently EPA expects that no ■ 2. Table 1 of Appendix B to part 300 I. Does this action apply to me? further Superfund response is needed to is amended by removing ‘‘MA’’, protect human health and the A list of potentially affected entities is ‘‘Shpack Landfill’’, ‘‘Norton/Attleboro’’. environment, except future operations provided in the Federal Register of May and maintenance, monitoring, and Five [FR Doc. 2017–14112 Filed 7–5–17; 8:45 am] 24, 2017 (82 FR 23735). If you have Year Reviews. BILLING CODE 6560–50–P questions regarding the applicability of this action to a particular entity, consult V. Deletion Action the technical person listed under FOR ENVIRONMENTAL PROTECTION FURTHER INFORMATION CONTACT. The EPA, with concurrence of the AGENCY State of Massachusetts through the II. What rule is being withdrawn? MassDEP, has determined that all 40 CFR Part 770 In the May 24, 2017 Federal Register, appropriate response actions under [EPA–HQ–OPPT–2017–0244; FRL–9963–74] EPA published both a direct final rule CERCLA, other than operation, (see 82 FR 23735) and proposed rule maintenance, monitoring and five-year RIN 2070–AK35 (see 82 FR 23769) pursuant to section reviews have been completed. 601 of TSCA that would have extended Compliance Date Extension; the December 12, 2016 published (see Therefore, EPA is deleting the Site from Formaldehyde Emission Standards for the NPL. 81 FR 89674) compliance dates for Composite Wood Products emission standards, recordkeeping, and Because EPA considers this action to labeling provisions, until March 22, be noncontroversial and routine, EPA is AGENCY: Environmental Protection Agency (EPA). 2018; extended the December 12, 2018 taking it without prior publication. This compliance date for import certification ACTION: Direct final rule; withdrawal. action will be effective September 5, provisions until March 22, 2019; and 2017 unless EPA receives adverse SUMMARY: In the Federal Register of extended the December 12, 2023 comments by August 7, 2017. If adverse May 24, 2017, EPA published both a compliance date for provisions comments are received within the 30- direct final rule and proposed rule to applicable to producers of laminated day public comment period, EPA will extend the compliance dates and products until March 22, 2024. publish a timely withdrawal of this California Air Resource Board (CARB) Additionally, this action would have direct final notice of deletion before the Third Party Certifier (TPC) transitional extended the CARB TPC transitional effective date of the deletion, and it will period originally published in the period which is currently set to end not take effect. EPA will prepare a Toxics Substances Control Act (TSCA) December 12, 2018, until March 22, response to comments and continue Title VI formaldehyde emission 2019. with the deletion process on the basis of standards for composite wood products Since the direct final rule and the notice of intent to delete and the final rule on December 12, 2016. As proposed rule’s publication, EPA has comments already received. There will noted in the direct final rule, if EPA received several comments on the be no additional opportunity to received relevant adverse comment on proposed amendments to the comment. the proposed amendments, the Agency compliance dates that the Agency would publish a timely withdrawal of considers to be adverse. As a result of List of Subjects in 40 CFR Part 300 the direct final rule in the Federal receiving adverse comments, EPA is withdrawing the direct final rule Environmental protection, Air Register informing the public that the direct final action will not take effect. published in the Federal Register on pollution control, Chemicals, Hazardous May 24, 2017. These comments are waste, Hazardous substances, The Agency did receive adverse comment on the proposed rule available for review in the public docket Intergovernmental relations, Penalties, amendments, and is therefore and suggest alternatives to the proposed Reporting and recordkeeping withdrawing the direct final rule and action which EPA will address in a requirements, Superfund, Water will instead proceed with a final rule subsequent final rule. pollution control, Water supply. based on the proposed rule after III. How do I access the docket? Dated: May 31, 2017. considering all public comments. To access the docket, please go to Deborah A. Szaro, DATES: Effective July 6, 2017 the direct http://www.regulations.gov and follow Acting Regional Administrator Region 1. final rule published in the Federal the online instructions using the docket Register of May 24, 2017 (82 FR 23735) ID number EPA–HQ–OPPT–2017–0244. For the reasons set out in this (FRL–9962–86) is withdrawn. Additional information about the document, 40 CFR part 300 is amended FOR FURTHER INFORMATION CONTACT: Docket Facility is also provided under as follows: For technical information contact: ADDRESSES in the May 24, 2017 (82 FR Erik Winchester, National Program 23735) Federal Register document. If PART 300—NATIONAL OIL AND Chemicals Division, Office of Pollution HAZARDOUS SUBSTANCES you have questions, consult the Prevention and Toxics, Environmental technical person listed under FOR POLLUTION CONTINGENCY PLAN Protection Agency, 1200 Pennsylvania FURTHER INFORMATION CONTACT. Ave. NW., Washington, DC 20460–0001; ■ 1. The authority citation for part 300 telephone number: 202–564–6450; IV. Good Cause Finding is revised to read as follows: email address: [email protected]. EPA finds that there is ‘‘good cause’’ Authority: 33 U.S.C. 1321(d); 42 U.S.C. For general information contact: The under the Administrative Procedure Act 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, TSCA-Hotline, ABVI-Goodwill, 422 (5 U.S.C. 553(b)(3)(B)) to withdraw the 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, South Clinton Ave., Rochester, NY direct final rule discussed in this 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 14620; telephone number: (202) 554– document without prior notice and FR 2923, 3 CFR, 1987 Comp., p. 193. 1404; email address: TSCA-Hotline@ comment. For this document, notice and epa.gov. comment is impracticable and
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unnecessary because EPA is under a DEPARTMENT OF THE INTERIOR Code of Federal Regulations. This final time limit to publish this withdrawal. It supplementary rule applies to 37 acres was determined that this document is Bureau of Land Management of public lands managed by the Moab not subject to the 30-day delay of Field Office. Maps of the management effective date generally required by 5 43 CFR Part 8360 area and boundaries can be obtained by U.S.C. 553(d). This withdrawal must [17XL 1109AF LLUTY0100 contacting the Moab Field Office or by become effective prior to the effective L12200000.EA0000 24–1A] accessing the BLM’s ePlanning project date of the direct final rule being page (http://go.usa.gov/xkHY8). The withdrawn. Notice of Final Supplementary Rule for final supplementary rule will be Public Lands in the Moab Field Office available for review at the Moab Field V. Statutory and Executive Order in Grand County, Utah Office. Reviews In 2015, the BLM published a AGENCY: Bureau of Land Management, temporary restriction on rope swinging This document withdraws regulatory Interior. at Corona Arch and Gemini Bridges. In requirements that have not gone into ACTION: Notification of final 2016, the BLM sought a permanent effect. As such, the Agency has supplementary rule. restriction on rope swinging at the same determined that this withdrawal will two locations. Through the National SUMMARY: The Bureau of Land not have any adverse impacts, economic Environmental Policy Act (NEPA) Management (BLM) is finalizing a or otherwise. The statutory and process, the BLM identified the need to supplementary rule addressing Executive Order review requirements establish a supplementary rule to recreation on public lands in the applicable to the direct final rule being provide for visitor enjoyment and vicinity of Corona Arch and Gemini withdrawn were discussed in the May protect public land resources at these Bridges in Grand County, Utah. The 24, 2017 (82 FR 23735) Federal Register two locations. Corona Arch and Gemini supplementary rule prohibits roped document. Those review requirements Bridges are two of the most popular activities around Corona Arch and recreational destinations in the Moab do not apply to this action because it is Gemini Bridges. Such activities involve Field Office. Corona Arch is a partly a withdrawal and does not contain any the use of ropes or other climbing aids, freestanding arch with a 110-foot by new or amended requirements. and include, but are not limited to, zip- 110-foot opening. Gemini Bridges are lining, high-lining, slacklining, VI. Congressional Review Act (CRA) two large arches standing side-by-side. traditional rock climbing, sport rock Approximately 40,000 visitors per Pursuant to the CRA (5 U.S.C. 801 et climbing, rappelling, and swinging. year come to the Corona Arch, and the seq.), EPA will submit a report DATES: The supplementary rule is in Gemini Bridges receives approximately containing this rule and other required effect August 7, 2017. 50,000 visitors per year. The BLM has information to the U.S. Senate, the U.S. ADDRESSES: You may direct inquiries by received many complaints that roped House of Representatives, and the letter to Christina Price, Field Office activities, including swinging from the Comptroller General of the United Manager, Bureau of Land Management, arches, conflict with other visitors’ use States prior to publication of the rule in Moab Field Office, 82 East Dogwood and enjoyment of the arches. The BLM the Federal Register. This action is not Avenue, Moab, UT 84532, or by email finds merit in these complaints. People a ‘‘major rule’’ as defined by 5 U.S.C. to [email protected]. The final setting up and using swings and rappels 804(2). Section 808 of the CRA allows supplementary rule is available for from the arches endanger both the issuing agency to make a rule inspection at the Moab Field Office and themselves and those viewing from effective sooner than otherwise on the Web site: https://www.blm.gov/ below. In addition, the rock arches may provided by CRA if the agency makes a media/federal-register. be damaged by ropes ‘‘sawing’’ on the good cause finding that notice and FOR FURTHER INFORMATION CONTACT: rock spans. The supplementary rule public procedure is impracticable, Christina Price, Field Manager, 82 East currently in effect in the Moab Field unnecessary, or contrary to the public Dogwood Avenue, Moab, UT 84532, Office (81 FR 9498, Feb. 25, 2016) does interest. As required by 5 U.S.C. 808(2), 435–259–2100, or blm_ut_mb_mail@ not address roped activities on the this determination is supported by a blm.gov. Persons who use a affected arches, although the temporary brief statement in Unit IV. telecommunications device for the deaf restriction (80 FR 27703, May 14, 2015) (TDD) may call the Federal Relay is in effect until May 2017. List of Subjects in 40 CFR Part 770 Service (FRS) at 1–800–877–8339 to The legal descriptions of the affected public lands are: Environmental protection, leave a message or question with the Formaldehyde, Incorporation by above individual. The service is Salt Lake Meridian available 24 hours a day, 7 days a week. reference, Reporting and recordkeeping T. 25 S., R. 20 E., sec. 34, NW1⁄4 SW1⁄4, that You will receive a reply during normal requirements, Third-party certification, part surrounding Gemini Bridges. business hours. 1 1 Toxic substances, Wood. T. 25 S., R. 21 E., sec. 32, SE ⁄4 SE ⁄4, that SUPPLEMENTARY INFORMATION: part surrounding Corona Arch. Dated: June 28, 2017. T. 26 S., R. 21 E., sec. 5, NE1⁄4, that part Louise P. Wise, I. Background surrounding Corona Arch. The areas described aggregate to 37.3 acres. Acting Assistant Administrator, Office of The BLM is establishing a final Chemical Safety and Pollution Prevention. supplementary rule under the authority This final supplementary rule allows [FR Doc. 2017–14106 Filed 7–5–17; 8:45 am] of 43 CFR 8365.1–6, which allows State for enforcement as a tool to minimize Directors to establish supplementary the adverse effects of roped activities BILLING CODE 6560–50–P rules for the protection of persons, within the affected areas. After the final property, and the public lands and supplementary rule goes into effect, it resources. This provision allows the will be available for review in the Moab BLM to issue rules of less than national Field Office, and will be announced effect without codifying the rules in the broadly through the news media and
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direct mail to the constituents included subject to review by the Office of No Significant Impact on file in the on the Moab Field Office mailing list. Management and Budget under BLM Administrative Record at the The rule will also be posted on signs at Executive Order 12866. This address specified in the ADDRESSES main entry points to the affected areas. supplementary rule would not have an section. annual effect of $100 million or more on II. Discussion of Public Comments the economy. It is not intended to affect Regulatory Flexibility Act The BLM published the proposed commercial activity, but imposes a rule This final supplementary rule will not supplementary rule on October 31, 2016 of conduct on recreational visitors for have a significant economic effect on a (81 FR 75366). Thirty comment letters public safety and resource protection substantial number of small entities were received during the 90-day public reasons in a limited area of public lands. under the Regulatory Flexibility Act (5 comment period. Twenty-four of the This supplementary rule would not U.S.C. 601 et seq.). Congress enacted the commenters expressed support for the adversely affect, in a material way, the Regulatory Flexibility Act (RFA), 5 supplementary rule; six commenters economy, productivity, competition, U.S.C. 601–612, to ensure that opposed the supplementary rule. No jobs, the environment, public health or Government regulations do not changes to the final rule were made as safety, or State, local, or tribal unnecessarily or disproportionately a result of the comments received. governments or communities. This burden small entities. The RFA requires Support for the final supplementary supplementary rule would not create a a regulatory flexibility analysis if a rule rule banning roped activities near serious inconsistency or otherwise would have a significant economic Corona Arch and Gemini Bridges interfere with an action taken or impact, either detrimental or beneficial, focused upon allowing hikers to enjoy planned by another agency. This on a substantial number of small the arches unfettered by swinging supplementary rule does not materially entities. The supplementary rule does activities. Commenters in favor of the alter the budgetary effects of not pertain specifically to commercial or rule noted the temporary restriction had entitlements, grants, user fees, or loan governmental entities of any size, but to allowed them to once again enjoy these programs or the right or obligations of public recreational use of specific hikes; they favored making the their recipients, nor does it raise novel public lands. temporary restriction permanent. legal or policy issues; it merely strives Small Business Regulatory Enforcement Commenters in favor also noted the vast to protect public safety and the Fairness Act majority of users of the arches environment. This rule is not a major rule under 5 (approximately 99.8%) visit the arches National Environmental Policy Act for their serenity and beauty. U.S.C. 804(2), the Small Business The six commenters expressing A temporary restriction on roped Regulatory Enforcement Fairness Act. opposition to the rule cited a need for activities was analyzed in This rule: less regulation of recreational activities. Environmental Assessment (EA) DOI– (a) Does not have an annual effect on These commenters noted that hikers BLM–UT–2014–0170–EA, Temporary the economy of $100 million or more. could go elsewhere. The BLM has not Restriction of Roped Activities at (b) Will not cause a major increase in revised the rule in response to these Corona Arch and Gemini Bridges. This costs or prices for consumers, comments. A permanent prohibition document was subject to a 30-day individual industries, Federal, State, or against roped activities is in public comment period, and the Finding local government agencies, or conformance with the 2008 Moab of No Significant Impact (FONSI) and geographic regions. Resource Management Plan (RMP). See Decision Record were signed on January (c) Does not have significant adverse https://eplanning.blm.gov/epl-front- 6, 2015. The permanent restriction on effects on competition, employment, office/eplanning/planAndProjectSite. roped activities was analyzed in EA investment, productivity, innovation, or do?methodName=dispatchToPattern DOI–BLM–UT–2015–0227, Permanent the ability of U.S.-based enterprises to Page¤tPageId=94940. Restriction of Corona Arch and Gemini compete with foreign-based enterprises Bridges to Roped Activities. This The Corona Arch area is within the Unfunded Mandates Reform Act Goldbar Hiking Focus Area, which is document was subject to a 30-day scoping period and a 30-day public This supplementary rule does not specifically managed to enhance hiking comment period. The Decision Record impose an unfunded mandate on State, opportunities. Decision REC–39 (page providing for the permanent restriction local, or tribal governments of more 90) states: ‘‘Manage the Corona Arch was signed on May 5, 2016. Based on than $100 million per year; nor does it Trail for hiking only.’’ Gemini Bridges is the EA which analyzed the permanent have a significant or unique effect on within the Gemini Bridges/Poison restriction, the BLM found that this State, local, or tribal governments or the Spider Mesa Focus area. Decision REC– supplementary rule would not private sector. This supplementary rule 39 states: ‘‘close the spur route to constitute a major Federal action does not require anything of State, local, Gemini Bridges to facilitate public use significantly affecting the quality of the or tribal governments. A statement and help restore damaged lands along human environment under Section containing the information required by the spur route.’’ The RMP further 102(2)(C) of the National Environmental the Unfunded Mandates Reform Act, 2 authorized the creation of a hiking route Policy Act of 1969 (NEPA), 42 U.S.C. U.S.C. 1531 et seq., is not required. to Gemini Bridges to facilitate public 4332(2)(C). This supplementary rule use. In an effort to eliminate recreational merely regulates conduct on the BLM Executive Order 12630, Governmental use conflicts on these iconic and high public lands administered by the Moab Actions and Interference With use hiking trails, the BLM has chosen to Field Office within a 31-acre area Constitutionally Protected Property finalize the supplementary rule. around Corona Arch and 6.3-acre area Rights (Takings) III. Procedural Matters around Gemini Bridges. This rule is This rule does not effect a taking of designed to protect the environment and private property or otherwise have Executive Order 12866, Regulatory public safety. A detailed impact taking implications under Executive Planning and Review statement under NEPA is not required. Order 12630. This supplementary rule is This supplementary rule is not a The BLM has placed the EAs, the not a government action capable of significant regulatory action and is not Decision Records, and the Findings of interfering with constitutionally
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protected property rights. This Effects on the Energy Supply (E.O. FEDERAL COMMUNICATIONS supplementary rule does not address 13211) COMMISSION property rights in any form, and does This rule is not a significant energy not cause the impairment of anybody’s 47 CFR Part 90 action under the definition in Executive property rights. A takings implication Order 13211. A Statement of Energy [PS Docket No. 15–199; FCC 16–113] assessment is not required. Effects is not required. Amendment of the Commission’s Executive Order 13132, Federalism Final Supplementary Rule Rules To Enable Railroad Police Officers To Access Public Safety Under the criteria in section 1 of Author Executive Order 13132, this rule does Interoperability and Mutual Aid not have sufficient federalism The principal author of this Channels supplementary rule is Christina Price, implications to warrant the preparation AGENCY: Federal Communications of a federalism summary impact Field Manager for the Moab Field Office, Utah. For the reasons stated in Commission. statement. This supplementary rule will the preamble, and under the authority ACTION: Final rule; announcement of not have a substantial direct effect on for supplementary rules at 43 U.S.C. effective date. the states, on the relationship between 1740 and 43 CFR 8365.1–6, the Utah SUMMARY: In this document, the the Federal government and the states, State Director, BLM, establishes a Commission announces that the Office or on the distribution of power and supplementary rule for public lands of Management and Budget (OMB) has responsibilities among the various managed by the BLM in Utah, to read approved, for a period of three years, the levels of government. A federalism as follows: summary impact statement is not information collection associated with required. Definitions the Commission’s Report and Order (Order)’s rules enabling railroad police Executive Order 12988, Civil Justice Roped activities means activities that access to public safety interoperability Reform involve the use of ropes, cables, channels. This document is consistent climbing aids, webbing, or anchors, and with the Order, which stated that the This rule complies with the includes, but is not limited to, zip- Commission would publish a document requirements of Executive Order 12988. lining, high-lining, slack-lining, in the Federal Register announcing the Specifically, this rule: traditional rock climbing, sport rock effective date of those rules. climbing, rappelling, and swinging. (a) Meets the criteria of section 3(a) DATES: The amendments to 47 CFR requiring that all regulations be Prohibited Acts 90.20(a)(2)(xiv) published at 81 FR reviewed to eliminate errors and You must not participate in any roped 66538, September 28, 2016, are effective ambiguity and be written to minimize July 6, 2017. litigation; and activities on public lands in the vicinity of Corona Arch or Gemini Bridges. This FOR FURTHER INFORMATION CONTACT: John (b) Meets the criteria of section 3(b)(2) prohibition includes, but is not limited A. Evanoff, Policy and Licensing requiring that all regulations be written to, the use of ropes, cables, climbing Division, Public Safety and Homeland in clear language and contain clear legal aids, webbing, anchors, and similar Security Bureau, at (202) 418–0848, or standards. devices. email: [email protected]. SUPPLEMENTARY INFORMATION: Executive Order 13175, Consultation This Exemptions document announces that, on June 8, and Coordination With Indian Tribal 2017, OMB approved, for a period of Governments The following persons are exempt from this supplementary rule: Any three years, the information collection The Department of the Interior strives Federal, State, or local government requirements relating to the public to strengthen its government-to- officer or employee in the scope of their safety pool eligibility rules contained in government relationship with Indian duties; members of any organized law the Commission’s Order, FCC 16–113, tribes through a commitment to enforcement, rescue, or firefighting force published at 81 FR 66538, September consultation with Indian tribes and in performance of an official duty; and 28, 2016. The OMB Control Number is recognition of their right to self- any persons, agencies, municipalities or 3060–1231. The Commission publishes governance and tribal sovereignty. We companies whose activities are this document as an announcement of have evaluated this rule under the authorized in writing by the BLM. the effective date of the rules. If you Department’s consultation policy and have any comments on the burden Penalties estimates listed below, or how the under the criteria in Executive Order Commission can improve the 13175 and have determined that it has Any person who violates this collections and reduce any burdens no substantial direct effects on federally supplementary rule may be tried before caused thereby, please contact Nicole recognized Indian tribes and that a United States Magistrate and fined in Ongele, Federal Communications consultation under the Department’s accordance with 18 U.S.C. 3571, imprisoned no more than 12 months Commission, Room 1–A620, 445 12th tribal consultation policy is not Street SW., Washington, DC 20554. required. under 43 U.S.C. 1733(a) and 43 CFR 8360.0–7, or both. In accordance with Please include the OMB Control Paperwork Reduction Act 43 CFR 8365.1–7, State or local officials Number, 3060–1231, in your may also impose penalties for violations correspondence. The Commission will This supplementary rule does not of Utah law. also accept your comments via email at contain information collection [email protected]. requirements that the Office of Edwin L. Roberson, To request materials in accessible Management and Budget must approve State Director. formats for people with disabilities under the Paperwork Reduction Act, 44 [FR Doc. 2017–13891 Filed 7–5–17; 8:45 am] (Braille, large print, electronic files, U.S.C. 3501 et seq. BILLING CODE 4310–DQ–P audio format), send an email to fcc504@
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fcc.gov or call the Consumer and part 90 eligibility rules to permit To effectively implement the Governmental Affairs Bureau at (202) railroad police officers to access the provisions of the new Rule, no other 418–0530 (voice), (202) 418–0432 interoperability. Specifically, the modifications to existing FCC rules are (TTY). Commission modified § 90.20(a)(2)(xiv) required. The changes are intended to to provide that: simplify the licensing process for Synopsis 1. Railroad police officers are a class railroad police officers and ensure As required by the Paperwork of users eligible to operate on the interoperable communications. The Reduction Act of 1995 (44 U.S.C. 3507), nationwide interoperability and mutual modified rules provide a benefit to the FCC is notifying the public that it aid channels listed in § 90.20(i) public safety licensees by ensuring that received final OMB approval on June 8, provided their employer holds a Private only railroad police officers with 2017, for the information collection Land Mobile Radio (PLMR) license of appropriate governmental authorization requirements contained in the any radio category, including Industrial/ can operate on the interoperability and modifications to the Commission’s rules Business (I/B). Eligible users include mutual aid channels during in 47 CFR part 90. full and part time railroad police emergencies. This will provide the Under 5 CFR part 1320, an agency officers, Amtrak employees who qualify additional benefit of promoting may not conduct or sponsor a collection as railroad police officers under this interoperability with railroad police of information unless it displays a subsection, Alaska Railroad employees officers by eliminating eligibility as a current, valid OMB Control Number. who qualify as railroad police officers gating factor when licensing spectrum. No person shall be subject to any under this subsection, freight railroad The Report and Order reduces the penalty for failing to comply with a employees who qualify as railroad burden on railroad police by allowing collection of information subject to the police officers under this subsection, them to meet eligibility standard by Paperwork Reduction Act that does not and passenger transit lines police requiring employers of railroad police display a current, valid OMB Control officers who qualify as railroad police officers to obtain concurrence from the Number. The OMB Control Number is officers under this subsection. Railroads relevant state interoperability 3060–1231. and railroad police departments may coordinator or regional planning The foregoing notice is required by obtain licenses for the nationwide committee before applying for a license the Paperwork Reduction Act of 1995, interoperability and mutual aid to the Federal Communications Public Law 104–13, October 1, 1995, channels on behalf of railroad police Commission or operating on the and 44 U.S.C. 3507. officers in their employ. Employers of interoperability and mutual aid The total annual reporting burdens railroad police officers must obtain channels. Compliance with this and costs for the respondents are as concurrence from the relevant state requirement is already a requisite for follows: interoperability coordinator or regional public safety eligibility to use the OMB Control Number: 3060–1231. planning committee before applying for interoperability and mutual aid OMB Approval Date: June 8, 2017. a license to the Federal channels, consequently any new burden OMB Expiration Date: June 30, 2020. Communications Commission or imposed by this requirement would be Title: Section 90.20 (xiv), Public operating on the interoperability and minimal. Safety Pool. mutual aid channels. Form Number: N/A. • Railroad police officer means a Federal Communications Commission. Respondents: Business or other for- peace officer who is commissioned in Marlene H. Dortch, profit entities, and state, local, or tribal his or her state of legal residence or state Secretary, Office of the Secretary. government. of primary employment and employed, [FR Doc. 2017–14163 Filed 7–5–17; 8:45 am] Number of Respondents and full or part time, by a railroad to enforce BILLING CODE 6712–01–P Responses: 1,526 respondents; 1,526 state laws for the protection of railroad responses. property, personnel, passengers, and/or Estimated Time per Response: 1 hour. cargo. Frequency of Response: One-time; on • Commissioned means that a state SURFACE TRANSPORTATION BOARD occasion reporting requirement and official has certified or otherwise 49 CFR Part 1300 third party disclosure requirement. designated a railroad employee as Obligation to Respond: Required to qualified under the licensing obtain or retain benefits. Statutory [Docket No. EP 528 (Sub-No. 1); Docket No. requirements of that state to act as a EP 665 (Sub-No. 1)] authority for these collections are railroad police officer in that state. contained in sections 1, 2, 4(i), 4(j), 301, • Property means rights-of-way, Publication Requirements for 303, 316, and 337 of the easements, appurtenant property, Agricultural Products; Rail Communications Act of 1934, as equipment, cargo, facilities, and Transportation of Grain, Rate amended, 47 U.S.C. 151, 152, 154(i), buildings and other structures owned, Regulation Review 154(j), 301, 303, 316, and 337. leased, operated, maintained, or Total Annual Burden: 1,526 hours. transported by a railroad. AGENCY: Surface Transportation Board. Total Annual Cost: None. • Railroad means each class of freight ACTION: Final rule. Nature and Extent of Confidentiality: railroad (i.e., Class I, II, III); Amtrak, There is no need for confidentiality with Alaska Railroad, commuter railroads SUMMARY: The Surface Transportation this collection of information. and passenger transit lines. Board (Board) is adopting final rules Privacy Act: No impact(s). • The word state, as used herein, amending its regulations on the Needs and Uses: On August, 23, 2016, encompasses states, territories and the publication of rate and service terms for the Federal Communications District of Columbia. agricultural products and fertilizer. The Commission released a Report and 2. Eligibility for licensing on the 700 Board also denies a petition for Order, FCC 16–113, PS Docket No. 15– MHz narrowband interoperability reconsideration of the Board’s policy 199 (see attached) that modified part 90 channels is restricted to entities that statement regarding aggregation of of the Rules Private Land Mobile Radio have as their sole or principal purpose claims and standing issues as they relate Services. The amended rule revises the the provision of public safety services. to rate complaint procedures.
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DATES: This rule is effective July 30, grain shippers’ ability to effectively seek On January 24, 2017, the Board received 2017. relief for unreasonable rates, including a petition for reconsideration of its ADDRESSES: Information or questions proposals for modifying existing policy statement regarding aggregation regarding these final rules should procedures, or for new alternative rate of claims and standing from Larry R. reference Docket No. EP 528 (Sub-No. 1) relief methodologies, should they be Miller, Jr., for and on behalf of SMART/ and be in writing addressed to Chief, necessary. The Board received TD General Committee of Adjustment Section of Administration, Office of comments and replies from numerous GO–386 (SMART–TD). Proceedings, Surface Transportation parties. After consideration of the parties’ Board, 395 E Street SW., Washington, On May 8, 2015, the Board announced comments, the Board is adopting final DC 20423–0001. that it would hold a public hearing and rules amending its regulations invited parties to discuss rate FOR FURTHER INFORMATION CONTACT: governing the publication of rate and reasonableness accessibility for grain Sarah Fancher at (202) 245–0355. service terms for agricultural products shippers, as well as other issues, Assistance for the hearing impaired is and fertilizer to require Class I railroads including: Whether the Board should available through the Federal to publish such rates and service terms allow multiple agricultural farmers and Information Relay Service (FIRS) at 1– on their Web sites. This change other agricultural shippers to aggregate 800–877–8339. modernizes the Board’s regulations to their distinct rate claims against the reflect the fact that Class I railroads SUPPLEMENTARY INFORMATION: In same carrier into a single proceeding, November 2006, the Board held a today are more likely to disseminate and whether the disclosure requirement information to customers and the hearing in Rail Transportation of Grain, for agricultural tariff rates should be Docket No. EP 665, as a forum for general public using company Web modified to allow for increased sites. For the reasons discussed below, interested persons to provide views and transparency. The public hearing was information about grain transportation the Board also denies SMART–TD’s held on June 10, 2015, and the Board petition for reconsideration of the policy markets. The hearing was prompted by received post-hearing supplemental concerns regarding rates and service statement on standing and aggregation comments from interested parties of claims for rate complaints. issues related to the movement of grain through June 24, 2015. raised by Members of Congress, grain Although much of the commentary Final Rules Regarding Agricultural producers, and other stakeholders. In and testimony received pertained to Rate Publication January 2008, the Board closed that existing or proposed rate relief proceeding, reasoning that guidelines In the ICC Termination Act of 1995, methodologies for agricultural Public Law 104–88, 109 Stat. 803, for simplified rate procedures had commodity shippers, the comments and recently been adopted 1 and that those Congress eliminated the tariff testimony also touched on various other requirements that were formerly procedures would provide grain issues related to grain. To address the shippers with a new avenue for rate applicable to rail carriers and imposed commentary on rate relief instead certain obligations to disclose relief. Rail Transp. of Grain, EP 665, slip methodologies, the Board issued an op. at 5 (STB served Jan. 14, 2008). The common carriage rates and service Advance Notice of Proposed terms. One of these requirements, Board noted, however, that it would Rulemaking, which proposed to develop continue to monitor the relationship applicable only to the transportation of a new rate reasonableness methodology agricultural products, is that rail carriers between carriers and grain interests, and for use in very small disputes, in a that, if future regulatory action were must publish, make available, and retain decision served on August 31, 2016, in for public inspection, their common warranted, it would open a new Docket No. EP 665 (Sub-No. 1) and proceeding. Id. carrier rates, schedules of rates, and Expanding Access to Rate Relief, Docket other service terms, and any proposed In Rate Regulation Reforms, EP 715 No. EP 665 (Sub-No. 2). In response to (STB served July 25, 2012), the Board and actual changes to such rates and comments on other grain-related service terms. 49 U.S.C. 11101(d). The proposed several changes to its rate matters, the Board issued a Notice of reasonableness rules. However, based statute states that the term ‘‘agricultural Proposed Rulemaking (NPRM), which products’’ includes grain, as defined in on the comments received in that docket proposed amendments to its regulations from grain shipper interests, which in 7 U.S.C. 75 and all products thereof, and addressing publication of rates for fertilizer. Id. part stated that the proposed changes agricultural products and fertilizer, and did not provide meaningful relief to The Board adopted regulations to a policy statement, which addressed implement the requirements of section grain shippers, the Board commenced a standing and aggregation of claims for separate proceeding in Rail 11101(d), in Disclosure, Publication, & rate complaint procedures, in a decision Notice of Change of Rates & Other Transportation of Grain, Rate served on December 29, 2016 in Docket Regulation Review, Docket No. EP 665 Service Terms for Rail Common Nos. EP 528 (Sub-No. 1) and EP 665 Carriage (Disclosure), 1 S.T.B. 153 (Sub-No. 1) in December 2013 to deal (Sub-No. 1). The proposed rules were specifically with the concerns of grain (1996). Those regulations are codified at published in the Federal Register, 82 FR 49 CFR 1300.5. Under those regulations, shippers. The Board invited public 805 (Jan. 4, 2017), and parties submitted comment on how to ensure that the the information required to be comments in response to the NPRM.2 Board’s existing rate complaint published ‘‘must include an accurate description of the services offered to the procedures are accessible to grain 2 The Board received comments from the shippers and provide effective following: Alliance for Rail Competition (joined by public; must provide the specific protection against unreasonable freight National Farmers Union, Idaho Barley Commission, rail transportation rates. The Board also Idaho Wheat Commission, Montana Farmers Union, Producers Association, USA Dry Pea and Lentil North Dakota Farmers Union, South Dakota Farmers Council, US Dry Bean Council, and US Glass sought input from interested parties on Union, Minnesota Farmers Union, Wisconsin Producers Transportation Council) (collectively, Farmers Union, Nebraska Wheat Board, Oklahoma ARC); Montana Department of Agriculture; National 1 Simplified Standards for Rail Rate Cases, EP Wheat Commission, Oregon Wheat Commission, Grain and Feed Association (NGFA); The Fertilizer 646 (Sub-No. 1) (STB served Sept. 5, 2007), aff’d South Dakota Wheat Commission, Texas Wheat Institute (TFI); Union Pacific Railroad Company sub nom. CSX Transp., Inc. v. STB, 568 F.3d 236 Producers Board, Washington Grain Commission, (UP); and U.S. Department of Agriculture (USDA). (D.C. Cir. 2009), vacated in part on reh’g, 584 F.3d Wyoming Wheat Marketing Commission, North The Board also received a letter from BNSF Railway 1076 (D.C. Cir. 2009). Dakota Grain Dealers Association, Idaho Grain Company (BNSF) and a reply from ARC.
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applicable rates (or the basis for Commenters generally support the registration features to provide for calculating the specific applicable proposed amendments to 49 CFR ‘‘immediate and unrestricted access to rates), charges, and service terms; and 1300.5,5 subject to certain requests for any person—not just current or must be arranged in a way that allows modifications and clarifications. Below potential customers—of all tariff rates, for the determination of the exact rate, the Board addresses parties’ comments pricing information and all applicable charges, and service terms applicable to on (1) registration requirements and service terms and conditions for any given shipment (or to any given related issues, (2) the definition of agricultural commodities and fertilizer.’’ group of shipments).’’ 49 CFR 1300.5(b). ‘‘anyone’’ and ‘‘any person,’’ (3) (Id. at 5–6.) NGFA also states that it Rail carriers must make the information machine-readable formats, and (4) Class supports the Board’s proposal to direct available, without charge, during II and III rail carriers’ publication parties having difficulty accessing this normal business hours, at offices where requirements. In response to parties’ information to contact OPAGAC, but they normally keep rate information, 49 comments, the Board modifies the rules that if the final rules require railroads CFR 1300.5(c), and to all persons who proposed in the NPRM. The text of the ‘‘to remove existing barriers and hurdles have subscribed to a publication service final rules is below. to accessing such information,’’ there operated either by the rail carrier itself Registration Requirements and should be fewer such requests. (Id. at 6.) or by an agent acting at the rail carrier’s Related Issues. Shippers seek The Board understands shippers’ direction, 49 CFR 1300.5(d).3 clarification on the extent to which concerns regarding the potential use of In the NPRM, the Board proposed railroads may use registration features registration requirements to restrict amendments to 49 CFR 1300.5 to update as a prerequisite to viewing agricultural online access to agricultural rate and the publication requirements for the rate and service information online. TFI service information. In the NPRM, the transportation of agricultural products asks the Board to find that it is not Board sought to update 49 CFR 1300.5 and fertilizer. The Board proposed to appropriate for railroads to impose to make such information more readily revise these publication requirements, ‘‘cumbersome and time-consuming accessible by adopting modern practices which were adopted in 1996, to reflect registration requirements’’ to access of disseminating information. But, as the fact that Class I railroads often use public tariffs. (TFI Comment 4.) ARC shippers note in their comments, the company Web sites or other states that railroads should not be use of registration features could be applications to disseminate information allowed to impose burdensome used to deny or discourage certain to customers and the general public, as registration requirements that ask for persons from accessing agricultural rate opposed to publication methods that detailed information, such as a and service information. (See, e.g., ARC likely were more prevalent at the time ‘‘showing of ‘need’ or ‘relevance,’ ’’ and Comment, V.S. Whiteside 12 (discussing of promulgation (e.g., subscription that access to agricultural rate and railroads’ existing registration services and maintenance of paper service information should be ‘‘simple requirements).) The Board finds that documents at railroad offices). As a and expeditious.’’ (ARC Comment 9; denial (or unreasonable delay) of access result, the Board proposed to require ARC Reply 4 (comparing the proposed through such use of registration Class I rail carriers to publish the rules to the requirement in 49 CFR requirements would undermine the information required under section 1300.2(b) that information ‘‘must be statutory authority for, and regulatory 1300.5(a) on their Web sites.4 All rail provided immediately’’).) ARC further purpose of, 49 CFR 1300.5—which is to carriers would also continue to be comments that, if permitted to use make agricultural rate and service required to make agricultural rate and registration requirements, railroads information available for public could discourage or deny certain inspection. See 49 U.S.C. 11101(d). service information available at their persons from access to online tariffs. Accordingly, the Board will modify public offices. See 49 CFR 1300.5(c). (ARC Comment 9; ARC Reply 4.) the final rules to include language In addition, the proposed Similarly, NGFA requests that the allowing railroads to use registration amendments requiring Web site Board address ‘‘existing barriers and requirements that are not unduly publication for Class I railroads would shortcomings that exist on some Class I burdensome and that provide timely require that agricultural rate and service railroads’ Web sites that substantively and unrestricted access to agricultural information be made available to ‘‘any impede access to tariff rate information rate and service information to any person,’’ as currently required by and service terms.’’ (NGFA Comment 4.) person. See text of rules below (stating section 1300.5, so that the rate NGFA states that it does not object to ‘‘Class I rail carriers may require information published online would be railroads using registration features, but persons accessing such information to readily available to anyone, regardless that the final rules should require these register, but such registration of whether a person is a current or requirements may not be overly potential customer or receiver of a 5 See ARC Reply 2 (‘‘All commenters support the burdensome, must provide timely railroad. Finally, the proposed rules Board’s proposed amendments, though some access to the information, and cannot informed parties having difficulty suggest improvements.’’); Montana Department of prevent specific types of persons from accessing the agricultural rates and Agriculture Comment 1 (‘‘[T]he Department supports the proposal by the Board to make rate obtaining the information.’’). Under this service terms to contact the Board’s information available online.’’); NGFA Comment 1 standard, the Board would not prohibit Office of Public Assistance, (‘‘NGFA commends and strongly supports the railroads from using registration Governmental Affairs, and Compliance Board’s proposal to update its 20-year-old rules to features, but would require that (OPAGAC). require that all Class I railroads make publicly available online their common carrier tariff rates, registration requirements be structured charges and other service terms, as well as in a manner that allows anyone who 3 The Board noted when adopting these subsequent changes to such rates, charges and regulations that the publication requirements were terms, for agricultural products and fertilizer.’’); TFI requests it to view the agricultural rate applicable only to non-exempted agricultural Comment 2 (‘‘TFI supports updating the [Board] and service information.6 For example, products and fertilizer. Disclosure, 1 S.T.B. at 160. regulations to reflect . . . modern practices.’’); UP registration features that require a Many agricultural commodities and products have Comment 1 (‘‘In general, UP supports the proposals showing of ‘‘need’’ or ‘‘relevance,’’ or been exempted as a class from the Board’s and statements in the Notice.’’); USDA Comment 2 regulations. See 49 CFR 1039.10. (‘‘USDA appreciates and supports the Board’s proof that a person or entity is a 4 The NPRM did not propose to require Class II action to update its regulatory language regarding and Class III carriers to comply with the online the publication of rate and service terms for 6 This standard is consistent with rules proposed publication requirement. agricultural products and fertilizer. . . .’’). in the NPRM. See NPRM at 5 n.6.
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customer or potential customer, as a available online ‘‘without charge.’’ See The Board’s use of the term ‘‘anyone’’ prerequisite to accessing agricultural text of rules below. Additionally, the in the NPRM, includes, but is not rate and service information would be Board confirms that online access under limited to, brokers, trade associations, prohibited. However, registration the revised section 1300.5(c) means that law firms, and other carriers. The requirements that require a person to Class I carriers must provide online definition of ‘‘any person’’ in § 1300.5 provide basic information, such as his notice of ‘‘scheduled changes in rates, (which is not changed in these final or her name and email address, without charges and service terms.’’ To be clear, rules) likewise is not limited to current requiring a certain type of email the Board intends for the term or potential rail customers or rail address, would be permissible. ‘‘information’’ in revised section receivers.8 Rather, the information The Board will also adopt as part of 1300.5(c) to refer to all of the subject to § 1300.5 must be made the final rules a provision suggesting information currently required in available to anyone—meaning that any that persons having difficulty accessing § 1300.5(a) and (b). Indeed, none of the person, company, association, 7 such information contact OPAGAC. changes proposed in the NPRM were governmental entity, or other entity The Board encourages parties to contact intended to change the type of must be able to access the tariff and rate OPAGAC if they encounter registration information that carriers must make information for agricultural requirements that are unduly available, only to require that it be commodities and fertilizer. burdensome or fail to provide timely provided online in addition to the access to agricultural rate and service current requirements. However, to Machine-Readable Format. USDA information. The Board believes such an further clarify this, the Board has added states that the requirement under approach will help ensure that such a reference to § 1300.5(a) and (b) in the § 1300.5 to make agricultural rate and information is made readily available to revised version of § 1300.5(c). service information available for public the public. Concerning where agricultural rate inspection means that the records must In addition, commenters seek and service information is posted on (1) be available to the public and (2) clarification as to where and how railroads’ Web sites, the final rules have provided in a useable form for agricultural rate and service information been modified to require that this examination and inspection. (USDA must be posted. ARC asks the Board to information be made ‘‘readily’’ available Comment 2.) According to USDA, some revise the final rules to indicate that online. The Board believes this language Class I carriers offer ‘‘pricing portals’’ on online access must be made available at sufficiently ensures that persons can their Web sites, which provide ‘‘a handy no charge and to clarify that online tariff access agricultural rate and service way to search and find rates given the information, once obtained, may be information in a reasonable manner, shipment’s criteria, such as product, freely shared. (ARC Comment 6, 9; see without the Board prescribing how and origin, and destination.’’ (Id. at 3.) also ARC Comment, V.S. Whiteside 15.) where railroads, each of which has a However, other ‘‘railroads . . . provide ARC further states that online access distinct Web site, must place such [this] information, such as schedules of under section 1300.5(c) should mean information. Accordingly, to maintain rates, in PDF-form, which is less that online notice of ‘‘scheduled flexibility for implementation by Class I accessible to shippers and the public, changes in rates, charges and service railroads, the Board declines to include and is difficult to use.’’ (Id. at 2–3.) As terms’’ must be provided, as currently in the final rules other specific a result, USDA recommends that the required by section 1300.5(a). (ARC requirements suggested by commenters. Board equire railroads to retain tariff Reply 2–3.) Finally, with respect to what rate records where appropriate in a Other commenters also ask the Board constitutes ‘‘mak[ing] th[is] information machine-readable format. (Id.) to prohibit railroads from placing available to any person online,’’ The Board commends railroads for ‘‘public tariffs in non-public areas of a railroads may post agricultural rate and railroad’s Web site,’’ (TFI Comment 4), service information on their Web sites providing ‘‘pricing portals’’ on their or require Class I railroads to clearly in PDF or spreadsheet format, or in any Web sites, which offer enhanced indicate on their Web site homepages other format that is readily accessible. functionality that enables users to whether and where interested persons search and find rates based on various As discussed in more detail below, the 9 can access public tariff, rate, and service Board will not specify in the final rules shipment criteria. At this time, information online, (NGFA Comment 5– a method or format for posting this however, the Board declines to require 6). Similarly, USDA states that it should information, as rail carriers may have Class I railroads to provide information be clear ‘‘where and how shippers and different preferences depending on their subject to § 1300.5 in a ‘‘machine- the public [can] access’’ agricultural rate Web sites. readable’’ or sortable/searchable format. information on a railroad’s Web site. Definitions of ‘‘Anyone’’ and ‘‘Any The proposed and final rules seek to (USDA Comment 3.) TFI also asks the Person.’’ UP asks that the Board clarify update the requirements of § 1300.5 to Board to clarify what constitutes making whether the definition of ‘‘anyone,’’ as modern practices of posting information this ‘‘information available to any used in the text of the NPRM, includes online. Without additional information person online.’’ (TFI Comment 2.) brokers, trade associations, law firms, or on the various formats a machine- The Board confirms that online access other carriers. UP also asks whether the readable or sortable/searchable to agricultural rate and service definition of ‘‘any person,’’ as used in requirement could take, the burden information must be available at no section 1300.5, is limited to current or associated with such a requirement is charge and that, once obtained, this potential rail customers or rail receivers unclear. The Board therefore declines to information may be freely shared. and, if not, whether the information that adopt such a requirement in the final Accordingly, the Board will modify the is required to be made public in section rules. However, the Board nonetheless final rules to state that agricultural rate 1300.5 must be made available to encourages Class I railroads to provide, and service information must be made anyone. (UP Comment 2.) On reply, ARC asks the Board to find that ‘‘any 8 The Board uses the terms ‘‘anyone’’ and ‘‘any 7 Although the NPRM proposed to say that person,’’ as used in the regulations, person’’ interchangeably in this decision and the NPRM. persons having difficulty accessing agricultural rate should include all persons, regardless of and service information ‘‘should’’ contact OPAGAC, 9 See BNSF Letter, March 20, 2017 (describing the final rules provide that such persons ‘‘may’’ whether they are customers or potential BNSF’s pricing portal and its efforts to streamline contact OPAGAC for assistance. customers. (ARC Reply 3.) its Web site’s registration features).
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or to continue to provide, pricing • Parties may seek to aggregate their statement did not address the issue of portals. rate claims, and the Board will make reparations, including which parties are Class II and III Rail Carriers’ such determinations on whether such eligible to receive them, and the Board Publication Requirements. TFI, NGFA, claims are properly aggregated on a declines to do so here. See NPRM at 6 and ARC ask the Board to require Class case-by-case basis, considering factors n.7. (ARC Comment 13.) Moreover, II and III rail carriers that already such as whether the claims or defenses ARC’s request for a new rate publish tariffs online to abide by the involve common questions of law or reasonableness test is beyond the scope same online publication requirements as fact, whether administrative efficiencies of the policy statement. Finally, ARC’s Class I railroads. (ARC Comment 8; could be achieved through aggregation, and UP’s other comments raise NGFA Comment 6; TFI Comment 4; and the number of claims being considerations that are more ARC Reply 3. See also ARC Comment, aggregated. appropriately addressed on a case-by- V.S. Whiteside 19.) ARC states that it is NPRM at 5–8. case basis, rather than a policy not aware of any hardships that such a In response, parties comment that the statement. requirement would impose on these Board should provide further Petition for Reconsideration. In its Class II and III rail carriers, and TFI clarification on certain issues related to request to vacate the policy statement, notes that the ‘‘shortline carriers with standing and aggregation of claims in SMART–TD argues that the Board which TFI members regularly interact rate cases and, in its petition for materially erred in adopting a test for already meet such standards.’’ (TFI reconsideration, SMART–TD asks the determining whether a party has 12 Comment 4; ARC Reply 3.) Board to reopen, reconsider, and vacate standing to file a rate complaint. Although the Board encourages Class the policy statement. Below the Board SMART–TD claims that the policy II and III rail carriers to provide addresses parties’ comments and statement failed to ‘‘adequately set forth agricultural rate and service information SMART–TD’s petition for the various positions of the rail carriers online as they are able, the Board reconsideration. on the standing issue’’ and argues that declines to make this a requirement at Parties’ Comments. ARC asks the the Board’s ‘‘legal reasoning for issuance this time. Class II and III rail carriers are Board to clarify the issue of of its standing policy statement is diverse and have fewer resources than representational or parens patriae invalid.’’ (SMART–TD Pet. 6, 10.) ARC Class I railroads. The record in Docket standing. ARC also raises issues related states similar concerns, noting that the 10 No. EP 528 (Sub-No. 1) does not to reparations and the need for a Board’s policy statement cites the three- establish whether such a requirement reasonableness test that constrains part test for standing in federal court, 11 which is more restrictive than the would be unduly burdensome. excessive rates on captive shippers. standing requirement applicable to Moreover, such a requirement could UP seeks clarification regarding how the proceedings before the Board. (ARC present enforcement issues because it policy statement will affect rate relief in Comment 11–13.) would be unevenly applicable, given Three-Benchmark cases, which is capped at $4 million (indexed annually SMART–TD’s petition for that some Class II and III carriers reconsideration and related comments publish tariffs online today while others for inflation), for complainants that did not suffer direct damage. UP also seeks raise concerns that involve case-specific do not. clarification on whether third-party considerations (some of which implicate Policy Statement on Aggregation of discovery will be readily available in proceedings other than the particular Claims and Standing Issues rate cases where the complainant does type of rate complaints that were the not have possession, custody, or control subject of the Board’s policy statement). In the December 2016 decision, the Accordingly, the Board will not further Board issued a policy statement, of information relevant to the proceeding. (UP Comment 2–4.) On address these issues at this time, or addressing standing and aggregation of reply, ARC argues that these issues reopen or vacate the policy statement in claims, in response to questions and should be decided on a case-by- case response to SMART–TD’s petition. comments previously raised by basis, as these questions are difficult to stakeholders in Docket No. EP 665 (Sub- Paperwork Reduction Act answer in the abstract and doing so No. 1). The Board’s policy statement would fail to serve the public interest. Pursuant to the Paperwork Reduction provided: Act (PRA), 44 U.S.C. 3501–3521, the • (ARC Reply 2, 4–7.) Under section 11701(b), grain Concerning ARC’s comments related Board will seek approval from the Office producers (and other indirectly harmed to reparations, the Board’s policy of Management and Budget (OMB) for complainants) that file rate complaints this collection in a separate notice. Any cannot be disqualified due to the 10 ARC claims that the Association of American comments received by the Board from absence of direct damage; Railroads (AAR) previously stated in Docket No. EP that notice will be forwarded to OMB • Indirectly harmed complainants 665 (Sub-No. 1) in 2014 that ‘‘reparations are for its review and will be posted under must nevertheless have standing to available only to the person responsible for the freight charges, suggesting that only a shipper or Docket No. EP 528 (Sub-No. 1). proceed with a complaint; consignee would have standing to seek reparations’’ Regulatory Flexibility Act • Although not bound by the and therefore ‘‘the Board lacks authority to requirements of judicial standing, the prescribe a rate on the basis of a complaint by a The Regulatory Flexibility Act of 1980 party other than a shipper.’’ (ARC Comment 13–14.) (RFA), 5 U.S.C. 601–612, generally Board may look to those requirements to ARC states that under the AAR’s interpretation, guide (though not necessarily govern) its non-shippers would be permitted to file rate requires a description and analysis of standing determinations; complaints, but could not be awarded any relief. new rules that would have a significant • Grain producers should be able to ARC claims that this was not the intent of Congress in 49 U.S.C. 11701(b). (Id. at 14.) 12 establish standing before the Board on a Contrary to SMART–TD’s statement that the 11 ARC states that greater clarity on standing is ‘‘policy statement is not restricted to grain rate case-by-case basis, given that the price ‘‘necessary but not sufficient’’ and states that it matters, but applies generally to complaint producers receive from elevators for needs ‘‘one or more tests of reasonableness that proceedings,’’ (SMART–TD Pet. 3), the Board’s their grain is generally affected at least constrain excessive rates on captive agricultural policy statement applies only to rate complaints to some extent by the transportation rate products and fertilizer shipments, even where the brought under 49 U.S.C. 11701(b). See, e.g., NPRM rates apply to groups of shippers, or to States or at 1 (stating that ‘‘[t]he Board also clarifies its the railroad charges to the grain regions.’’ (ARC Comment 10; see id. at 3–4; ARC policies on standing and aggregation of claims as elevators; and Reply 5.) they relate to rate complaint procedures’’).
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economic impact on a substantial The final rules would not create a majority’s decision not to make this a number of small entities. In drafting a significant impact on a substantial requirement here. rule, an agency is required to: (1) Assess number of small entities, as the First, the majority states that ‘‘[t]he the effect that its regulation will have on regulations would only specify proposed . . . rules seek to update the small entities; (2) analyze effective procedures related to Class I railroads requirements of § 1300.5 to modern alternatives that may minimize a and do not mandate or circumscribe the practices of posting information regulation’s impact; and (3) make the conduct of small entities. Therefore, the online.’’ The majority’s implication analysis available for public comment. Board certifies under 5 U.S.C. 605(b) Sections 601–604. Under section 605(b), that the final rules will not have a appears to be that requiring information an agency is not required to perform an significant economic impact on a in a machine-readable format would be initial or final regulatory flexibility substantial number of small entities outside the scope of the NPRM. analysis if it certifies that the proposed within the meaning of the RFA. A copy Although the Board did not expressly or final rules will not have a ‘‘significant of this decision will be served upon the propose requiring railroads to provide impact on a substantial number of small Chief Counsel for Advocacy, Office of tariff information in a machine-readable entities.’’ Advocacy, U.S. Small Business format in the NPRM, that would not Because the goal of the RFA is to Administration, Washington, DC 20416. have prevented the Board from adopting reduce the cost to small entities of It is ordered: this requirement as part of the final complying with federal regulations, the 1. The final rules set forth below are rules, as the requirement would have RFA requires an agency to perform a adopted and will be effective July 30, been a logical outgrowth of the NPRM.2 regulatory flexibility analysis of small 2017. entity impacts only when a rule directly The second reason given by the 2. SMART–TD’s petition for majority for not requiring that carriers regulates those entities. In other words, reconsideration of the policy statement provide information in machine- the impact must be a direct impact on is denied. small entities ‘‘whose conduct is 3. A copy of this decision will be readable format is that the burden of circumscribed or mandated’’ by the served upon the Chief Counsel for such a requirement is ‘‘unclear.’’ With proposed rule. White Eagle Coop. Ass’n Advocacy, Office of Advocacy, U.S. today’s technology, it is hard to imagine v. Conner, 553 F.3d 467, 478, 480 (7th Small Business Administration. that it would be burdensome for major Cir. 2009). An agency has no obligation 4. This decision is effective on July U.S. corporations to put information in to conduct a small entity impact 30, 2017. a machine-readable format. analysis of effects on entities that it does List of Subjects in 49 CFR Part 1300 For these reasons, I respectfully not regulate. United Distrib. Cos. v. dissent from the majority on this issue. FERC, 88 F.3d 1105, 1170 (D.C. Cir. Administrative practice and 1996). procedure, Agricultural commodities, For the reasons set forth in the In the NPRM, the Board certified Railroads, Reporting and recordkeeping preamble, the Surface Transportation under 5 U.S.C. 605(b) that the proposed requirements. Board amends its title 49, chapter X, rules would not have a significant subchapter D, of the Code of Federal economic impact on a substantial Decided: June 28, 2017. Regulations as follows: number of small entities within the By the Board, Board Members Begeman, meaning of the RFA.13 The Board Elliott, and Miller. Board Member Miller explained that the proposed rule would dissented in part with a separate expression. Rena Laws-Byrum, Information, 78 FR 28111 (May 9, 2013) (‘‘To not place any additional burden on promote continued job growth, Government Clearance Clerk. small entities because the proposed rule efficiency, and the social good that can be gained of requiring rate information to be Board Member Miller, dissenting in part: from opening Government data to the public, the published online would be limited to I dissent from the Board’s decision default state of new and modernized Government Class I rail carriers. No parties not to require that the agricultural tariff information resources shall be open and machine submitted comments on this issue. A data be provided in a machine-readable readable.’’); Office of Management and Budget copy of the NPRM was served on the format. (OMB) Circular No. A–130, Managing Federal Information as a Strategic Resource, at 14, revised U.S. Small Business Administration The Board decided to initiate this July 28, 2016 (agencies must ‘‘[p]ublish[ ] public (SBA). rulemaking because of its concern that information online in a manner that promotes The final rules adopted here revise the existing regulations make the analysis and reuse for the widest possible range of the rules proposed in the NPRM. agricultural tariffs less accessible than purposes, meaning that the information is publicly However, the same basis for the Board’s they should be. Yet the Board undercuts accessible, machine-readable, appropriately certification of the proposed rules the value of this update to the described, complete, and timely.’’). applies to the final rules adopted here. regulations by allowing railroads to 2 In CSX Transp., Inc. v. Surf. Transp. Bd., 584 continue to provide the information in F.3d 1076, 1079 (D.C. Cir. 2009), the court held that a final rule qualifies as a logical outgrowth if 13 Effective June 30, 2016, for the purpose of RFA a less accessible format. As the USDA interested parties ‘‘should have anticipated’’ that analysis for rail carriers subject to Board points out, having this information in a jurisdiction, the Board defines a ‘‘small business’’ the change was possible, and that the final rule was as a rail carrier classified as a Class III rail carrier machine-readable format is important. not ‘‘surprisingly distant’’ from the proposal rule. under 49 CFR 1201.1–1. See Small Entity Size The information contained in the tariffs The Board stated that it was initiating the NPRM (at Standards Under the Regulatory Flexibility Act, EP can be vast and making it machine- 4–5) because it believed that ‘‘it is appropriate to 719 (STB served June 30, 2016) (with Board readable would allow users to search, update our regulations to reflect these modern Member Begeman dissenting). Class III carriers have practices.’’ Providing information in a machine- annual operating revenues of $20 million or less in sort, and filter the data based on their individual needs. The federal readable format is clearly a ‘‘modern practice’’ in 1991 dollars, or $35,809,698 or less when adjusted line with the Board’s goal of updating its for inflation using 2016 data. Class II rail carriers government itself has recognized the regulations in this area, and thus should have been have annual operating revenues of less than $250 value of providing data in machine- anticipated. Machine-readability is also so closely million in 1991 dollars or less than $447,621,226 1 when adjusted for inflation using 2016 data. The readable formats. I disagree with the tied to issues that were expressly proposed in the Board calculates the revenue deflator factor NPRM that it could not be claimed that such a annually and publishes the railroad revenue 1 See Exec. Order No. 13,642, Making Open and requirement would have been surprisingly distant thresholds on its Web site. 49 CFR 1201.1–1. Machine Readable the New Default for Government from the proposed rule.
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PART 1300—DISCLOSURE, § 1300.5 Additional publication from obtaining the information. Persons PUBLICATION, AND NOTICE OF requirement for agricultural products and having difficulty accessing the fertilizer. CHANGE OF RATES AND OTHER information required by paragraphs (a) SERVICE TERMS FOR RAIL COMMON * * * * * and (b) of this section may either send CARRIAGE (c) * * * If a rail carrier is a Class I a written inquiry addressed to the rail carrier, it must also make the Director, Office of Public Assistance, information readily available online to ■ Governmental Affairs, and Compliance 1. The authority citation for part 1300 any person without charge. Class I rail or telephone the Board’s Office of Public is revised to read as follows: carriers may require persons accessing Assistance, Governmental Affairs, and Authority: 49 U.S.C. 1321 and 11101(f). such information to register, but such registration requirements may not be Compliance. ■ 2. In § 1300.5, amend paragraph (c) by overly burdensome, must provide * * * * * adding three sentences at the end of the timely access to the information, and [FR Doc. 2017–14180 Filed 7–5–17; 8:45 am] paragraph to read as follows: cannot prevent specific types of persons BILLING CODE 4915–01–P
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Proposed Rules Federal Register Vol. 82, No. 128
Thursday, July 6, 2017
This section of the FEDERAL REGISTER certain provisions) should be submitted account (IRA)) under section contains notices to the public of the proposed to the Department on or before July 21, 4975(e)(3)(B) of the Internal Revenue issuance of rules and regulations. The 2017. Comments in response to all other Code of 1986 (Code). purpose of these notices is to give interested questions should be submitted to the On the same date, the Department persons an opportunity to participate in the Department on or before August 7, 2017. published two new administrative class rule making prior to the adoption of the final exemptions from the prohibited rules. The Department requests that comments be received within these timeframes to transaction provisions of ERISA (29 ensure their consideration. U.S.C. 1106) and the Code (26 U.S.C. DEPARTMENT OF LABOR ADDRESSES: All written comments 4975(c)(1)): The Best Interest Contract should be sent to the Office of Exemption (BIC Exemption) (81 FR Employee Benefits Security Exemption Determinations by any of the 21002) and the Class Exemption for Administration following methods, identified by RIN Principal Transactions in Certain Assets 1210–AB82: Between Investment Advice Fiduciaries 29 CFR Parts 2509, 2510, and 2550 • Federal eRulemaking Portal: http:// and Employee Benefit Plans and IRAs www.regulations.gov at Docket ID (Principal Transactions Exemption) (81 RIN 1210–AB82 number: EBSA–2017–0004. Follow the FR 21089), as well as amendments to previously granted exemptions (81 FR Request for Information Regarding the instructions for submitting comments. • 21139, 81 FR 21147, and 81 FR 21208). Fiduciary Rule and Prohibited Email to: Among other conditions, the PTEs are Transaction Exemptions EBSA.FiduciaryRuleExamination@ dol.gov. generally conditioned on adherence to AGENCY: Employee Benefits Security • Mail: Office of Exemption certain Impartial Conduct Standards: Administration, U.S. Department of Determinations, EBSA, (Attention: D– providing advice in retirement Labor. 11933), U.S. Department of Labor, 200 investors’ best interest; charging no ACTION: Request for information. Constitution Avenue NW., Suite 400, more than reasonable compensation; Washington, DC 20210. and avoiding misleading statements SUMMARY: The Employee Benefits • Hand Delivery/Courier: OED, EBSA (Impartial Conduct Standards). Security Administration of the U.S. (Attention: D–11933), U.S. Department The Fiduciary Rule and PTEs had an Department of Labor (the Department) is of Labor, 122 C St. NW., Suite 400, original applicability date of April 10, publishing this Request for Information Washington, DC 20001. 2017. By Memorandum dated February in connection with its examination of Comments will be available for public 3, 2017, the President directed the the final rule defining who is a inspection in the Public Disclosure Department to prepare an updated ‘‘fiduciary’’ of an employee benefit plan Room, EBSA, U.S. Department of Labor, analysis of the likely impact of the for purposes of the Employee Room N–1513, 200 Constitution Avenue Fiduciary Rule on access to retirement Retirement Income Security Act of 1974 NW., Washington, DC 20210. Comments information and financial advice. The and the Internal Revenue Code, as a will also be available online at President’s Memorandum was result of giving investment advice for a www.regulations.gov, at Docket ID published in the Federal Register on fee or other compensation with respect number: EBSA–2017–0004 and February 7, 2017. 82 FR 9675 (Feb. 7, to assets of a plan or IRA (Fiduciary www.dol.gov/ebsa, at no charge. Do not 2017). Rule or Rule). The examination also include personally identifiable On March 2, 2017, the Department includes the new and amended information or confidential business published a document proposing a 60- administrative class exemptions from information that you do not want day delay of the applicability date of the the prohibited transaction provisions of publicly disclosed. Comments online Rule and PTEs. It also sought public ERISA and the Code that were can be retrieved by most Internet search comments on the questions raised in the published in conjunction with the Rule engines. Presidential Memorandum, and generally on questions of law and policy (collectively, the Prohibited Transaction FOR FURTHER INFORMATION CONTACT: concerning the Fiduciary Rule and Exemptions or PTEs). This Request for Brian Shiker, telephone (202) 693–8824, PTEs.1 Information specifically seeks public Office of Exemption Determinations, On April 7, 2017, the Department input that could form the basis of new Employee Benefits Security Administration. promulgated a final rule extending the exemptions or changes/revisions to the applicability date of the Fiduciary Rule rule and PTEs, and input regarding the SUPPLEMENTARY INFORMATION: On April by 60 days from April 10, 2017, to June advisability of extending the January 1, 8, 2016 (81 FR 20946), the Department 9, 2017.2 It also extended from April 10 2018, applicability date of certain published the Fiduciary Rule, which to June 9, the applicability dates of the provisions in the Best Interest Contract defines who is a ‘‘fiduciary’’ of an BIC Exemption and Principal Exemption, the Class Exemption for employee benefit plan under section Transactions Exemption, and required Principal Transactions in Certain Assets 3(21)(A)(ii) of the Employee Retirement investment advice fiduciaries relying on Between Investment Advice Fiduciaries Income Security Act of 1974, as these exemptions to adhere only to the and Employee Benefit Plans and IRAs, amended (ERISA), as a result of giving Impartial Conduct Standards as and Prohibited Transaction Exemption investment advice to a plan or its conditions of those exemptions during a 84–24. participants or beneficiaries. The transition period from June 9, 2017, DATES: Comments in response to Fiduciary Rule also applies to the question 1 (relating to extending the definition of a ‘‘fiduciary’’ of a plan 1 82 FR 12319. January 1, 2018, applicability date of (including an individual retirement 2 82 FR 16902.
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through January 1, 2018.3 In this public about possible additional provisions in the BIC Exemption, manner, the Department established a exemption approaches or changes to the Principal Transactions Exemption and phased implementation period from Fiduciary Rule, as well as regarding the amendments to PTE 84–24 while it June 9, 2017, until January 1, 2018, advisability of extending the January 1, evaluates the rule generally and the during which time the Fiduciary Rule 2018, applicability date of certain responses to issues identified in this will be applicable, and these new provisions in the Best Interest Contract Request for Information. exemptions will be available subject to Exemption, the Class Exemption for Potential Delay of January 1, 2018 the Impartial Conduct Standards only. Principal Transactions in Certain Assets Applicability Date The final rule further delayed the Between Investment Advice Fiduciaries applicability of amendments to an and Employee Benefit Plans and IRAs, 1. Would a delay in the January 1, existing exemption, Prohibited and Prohibited Transaction Exemption 2018, applicability date of the Transaction Exemption 84–24, until 84–24. provisions in the BIC Exemption, January 1, 2018, other than the Impartial Public input on the Fiduciary Duty Principal Transactions Exemption and Conduct Standards, which will become Rule and PTEs has suggested that it may amendments to PTE 84–24 reduce applicable on June 9, 2017. Finally, the be possible in some instances to build burdens on financial services providers final rule extended for 60 days, until upon recent innovations in the financial and benefit retirement investors by June 9, 2017, the applicability dates of services industry to create new and allowing for more efficient amendments to other previously granted more streamlined exemptions and implementation responsive to recent exemptions.4 compliance mechanisms. For example, market developments? Would such a On May 22, 2017, the Department one recent innovation is the possible delay carry any risk? Would a delay issued a temporary enforcement policy development of mutual fund ‘‘clean otherwise be advantageous to advisers covering the transition period between shares.’’ 8 Many firms appear to be or investors? What costs and benefits June 9, 2017, and January 1, 2018, considering the use of such ‘‘clean would be associated with such a delay? during which the Department will not shares’’ as a long-term solution to the General Questions pursue claims against investment advice problem of mitigating conflicts of fiduciaries who are working diligently interest with respect to mutual funds. 2. What has the regulated community and in good faith to comply with their Commenters noted, however, that funds done to comply with the Rule and PTEs fiduciary duties and to meet the will need more time to develop clean to date, particularly including the conditions of the PTEs, or otherwise shares than contemplated by the current period since the June 9, 2017, treat those investment advice fiduciaries January 1, 2018, deadlines. applicability date? Are there market as being in violation of their fiduciary Commenters also described innovations that the Department should duties and not compliant with the innovations in other parts of the be aware of beyond those discussed PTEs.5 The Treasury Department and retirement investment industry, such as herein that should be considered in IRS confirmed a similar enforcement insurance companies’ potential making changes to the Rule? policy covering excise taxes and related development of fee-based annuities in 3. Do the Rule and PTEs appropriately reporting obligations with respect to response to the Fiduciary Rule. Firms balance the interests of consumers in transactions covered by the are also developing new technology, receiving broad-based investment Department’s enforcement policy.6 The and advisory and data services to help advice while protecting them from Department also published on May 22 a Financial Institutions satisfy the conflicts of interest? Do they effectively set of FAQs to provide additional supervisory requirements of the PTEs. allow Advisers to provide a wide range information on the transition period The Department welcomes information of products that can meet each from June 9, 2017, to January 1, 2018.7 on these developments and their investor’s particular needs? The Department noted in both the relevance to the rule, the PTEs’ terms 4. During the transition period from temporary enforcement policy and and compliance timelines. June 9, 2017, through January 1, 2018, FAQs that it intended to issue a Request The Department is particularly Financial Institutions and Advisers who for Information (RFI) for additional interested in public input on whether it wish to utilize the BIC Exemption must public input on specific ideas for would be appropriate to adopt an adhere to the Impartial Conduct possible new exemptions or regulatory additional more streamlined exemption Standards only. Most of the questions in changes based on recent public or other rule change for advisers this RFI are intended to solicit comments and market developments. committed to taking new approaches comments on the additional exemption like those outlined above based on the conditions that are currently scheduled Request for Information potential for reducing conflicts of to become applicable on January 1, The Department is in the process of interest and increasing transparency. If 2018, such as the contract requirement reviewing and analyzing comments commenters believe more time would be for IRAs. To what extent do the received in response to its March 2, necessary to build the necessary incremental costs of the additional 2017, request for comments on issues distribution and compliance structures exemption conditions exceed the raised in the Presidential Memorandum. for such innovations, the Department is associated benefits and what are those While the Department conducts its interested in information related to the costs and benefits? Are there better ongoing review, it is also interested in amount of time expected to be required. alternative approaches? What are the receiving additional input from the And, the Department seeks comment additional costs and benefits associated generally on a delay in the January 1, with such alternative approaches? 3 Id. 2018, applicability date of the Contract Requirement in BIC and 4 Id. Principal Transaction Exemptions 5 Available at https://www.dol.gov/agencies/ebsa/ 8 As described in a 2017 SEC staff interpretive employers-and-advisers/guidance/field-assistance- letter, clean shares are a class of shares of a mutual The contract requirement in the BIC bulletins/2017-02. fund without any front-end load, deferred sales Exemption and Principal Transactions 6 Id. charge, or other asset-based fee for sales or Exemption and resulting exposure to 7 Available at https://www.dol.gov/sites/default/ distributions. See Capital Group, SEC Staff Letter files/ebsa/about-ebsa/our-activities/resource-center/ (Jan. 11, 2017), www.sec.gov/divisions/investment/ litigation creates an added motivation faqs/coi-transition-period.pdf. noaction/2017/capital-group-011117-22d.htm. for Financial Institutions and Advisers
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to oversee and adhere to basic fiduciary with T-share offerings instead of, or in change be developed for advisers that standards, and provides that IRA addition to, clean shares? If so, why? comply with or are subject to those owners have an additional means to 8. How would advisers be standards? To what extent does the enforce those protections. Throughout compensated for selling fee-based existing regulatory regime for IRAs by the fiduciary rulemaking, however, annuities? Would all of the the Securities and Exchange commenters have been divided on the compensation come directly from the Commission, self-regulatory bodies contract requirement, with many customer or would there also be (SROs) or other regulators provide expressing concern about potential payments from the insurance company? consumer protections that could be negative implications for investor costs What regulatory filings are necessary for incorporated into the Department’s and access to advice. As noted above, such annuities? Would payments vary exemptions or that could serve as a the Department is interested in the depending on the characteristics of the basis for additional relief from the possibility of regulatory changes that annuity? How long is it anticipated to prohibited transaction rules? could alter or eliminate contractual and take for an insurance company to warranty requirements. develop and offer a fee-based annuity? Principal Transactions 5. What is the likely impact on How would payments be structured? The Principal Transaction Exemption Advisers’ and firms’ compliance Would fee-based annuities differ from provides relief only for certain incentives if the Department eliminated commission-based annuities in any way investments (certain debt securities, CDs or substantially altered the contract other than the compensation structure? and unit investment trusts) to be sold by requirement for IRAs? What should be How would the fees charged on these Advisers and Financial Institutions to changed? Does compliance with the products compare to the fees charged on plans and IRAs in principal transactions Impartial Conduct Standards need to be existing annuity products? Are there and riskless principal transactions, otherwise incentivized in the absence of any other recent developments in the while the BIC Exemption provides the contract requirement and, if so, design, marketing, or distribution of additional relief for parties to engage in how? annuities that could facilitate riskless principal transactions without 6. What is the likely impact on compliance with the Impartial Conduct any restrictions on the types of Advisers’ and firms’ compliance Standards? investments involved. incentives if the Department eliminated 9. Clean shares, T-shares, and fee- 12. Are there ways in which the or substantially altered the warranty based annuities are all examples of Principal Transactions Exemption could requirements? What should be changed? market innovations that may mitigate or be revised or expanded to better serve Does compliance with the Impartial even eliminate some kinds of potential investor interests and provide market Conduct Standards need to be otherwise advisory conflicts otherwise associated flexibility? If so, how? incentivized in the absence of the with recommendations of affected warranty requirement and, if so, how? financial products. These innovations Disclosure Requirements might also increase transparency of 13. Are there ways to simplify the BIC Alternative Streamlined Exemption advisory and other fees to retirement Exemption disclosures or to focus the As noted above, the Department is investors. Are there other innovations investor’s attention on a few key issues, also interested in receiving additional that hold similar potential to mitigate subject to more complete disclosure input from the public on possible conflicts and increase transparency for upon request? For example, would it be additional and more streamlined consumers? Do these or other helpful for the Department to develop a exemption approaches that would better innovations create an opportunity for a simple up-front model disclosure that address marketplace innovations that more streamlined exemption? To what alerts the retirement investor to the may mitigate or even eliminate some extent would the innovations address fiduciary nature of the relationship, kinds of potential advisory conflicts the same conflicts of interest as the compensation structure, and potential otherwise associated with Department’s original rulemaking? sources of conflicts of interest, and recommendations of affected financial 10. Could the Department base a invites the investor to obtain additional products innovations. streamlined exemption on a model set information from a designated source at 7. Would mutual fund clean shares of policies and procedures, including the firm? The Department would allow distributing Financial Institutions policies and procedures suggested by welcome the submission of any model to develop policies and procedures that firms to the Department? Are there ways disclosures that could serve this avoid compensation incentives to to structure such a streamlined purpose. recommend one mutual fund over exemption that would encourage firms another? If not, why? What legal or to provide input regarding the design of Contributions to Plans or IRAs practical impediments do Financial such a model set of policies and 14. Should recommendations to make Institutions face in adding clean shares procedures? How likely would or increase contributions to a plan or to their product offerings? How long is individual firms be to submit model IRA be expressly excluded from the it anticipated to take for mutual fund policies and procedures suggestions to definition of investment advice? Should providers to develop clean shares and the Department? How could the there be an amendment to the Rule or for distributing Financial Institutions to Department ensure compliance with streamlined exemption devoted to offer them, including the time required approved model policies and communications regarding to develop policies and procedures that procedures? contributions? If so, what conditions take clean shares into account? What are should apply to such an amendment or Incorporation of Securities Regulation of the costs associated with developing exemption? and distributing clean shares? Have Fiduciary Investment Advice Financial Institutions encountered any 11. If the Securities and Exchange Bank Deposits and Similar Investments operational difficulties with respect to Commission or other regulators were to Some commenters have raised the distribution of clean shares to the adopt updated standards of conduct questions about the compliance burden extent they are available? Do applicable to the provision of under the Rule and PTEs on small commenters anticipate that some investment advice to retail investors, community banks that currently do not mutual fund providers will proceed could a streamlined exemption or other exercise any fiduciary functions for
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customers when their employees Communications With Independent the State of Massachusetts, through the discuss opening IRAs or investing their Fiduciaries With Financial Expertise Massachusetts Department of IRAs in bank deposit products such as The Fiduciary Rule contains a specific Environmental Protection (MassDEP), CDs. Some have also raised questions exclusion for communications with have determined that all appropriate about the need for a special rule for cash independent fiduciaries with financial response actions under CERCLA, other sweep services. Still others have said expertise. Specifically, a party’s than operation, maintenance, that health savings accounts (HSAs) communications with an independent monitoring, and five-year reviews, have merit a special exclusion or streamlined fiduciary of a plan or IRA in an arm’s been completed. However, this deletion exemption because they tend to be length transaction are excepted from the does not preclude future actions under invested in shorter-term deposit Rule if certain disclosure requirements Superfund. products to pay qualifying health are met and the party reasonably DATES: Comments must be received by expenses. believes that the independent fiduciary August 7, 2017. 15. Should there be an amendment to of the plan or IRA is a bank, insurance ADDRESSES: Submit your comments, the Rule or streamlined exemption for carrier, or registered broker-dealer or identified by Docket ID no. EPA–HQ– SFUND–1986–0005, by mail or email to particular classes of investment investment adviser, or any other Elaine Stanley, Remedial Project transactions involving bank deposit independent fiduciary who manages or Manager at EPA—Region 1, 5 Post products and HSAs? If so, what controls at least $50 million. Some Office Square, Suite 100, Mail Code conditions should apply, and should the commenters have requested that the Department expand the scope of the OSRR07–4, Boston, MA 02109–3912, conditions differ from the BIC email: [email protected] or Exemption? exclusion. 18. To the extent changes would be Sarah White, Community Involvement Grandfathering helpful, what are the changes and what Coordinator at EPA—Region 1, 5 Post are the issues best addressed by changes Office Square, Suite 100, Mail Code Section VII of the BIC Exemption to the Rule or by providing additional ORA01–1, Boston, MA 02109–3912, provides a grandfathering provision to relief through a prohibited transaction email: [email protected]. Comments facilitate ongoing advice with respect to exemption? may also be submitted electronically or investments that predated the Rule, and through hand delivery/courier by to enable advisers to continue to receive Signed at Washington, DC, this 29th day of following the detailed instructions in June, 2017. compensation for those investments. the ADDRESSES section of the direct final Some commenters thought this Timothy D. Hauser, rule located in the rules section of this provision could be expanded in ways Deputy Assistant Secretary for Program Federal Register. Operations, Employee Benefits Security FOR FURTHER INFORMATION CONTACT: that would minimize potential Administration, U.S. Department of Labor. disruptions associated with the Elaine Stanley, Remedial Project [FR Doc. 2017–14101 Filed 7–5–17; 8:45 am] transition to a fiduciary standard and Manager, U.S. Environmental Protection facilitate ongoing advice for the benefit BILLING CODE 4510–29–P Agency, Region 1, 5 Post Office Square, of investors. Suite 100, Mail Code OSRR07–4, Boston, MA 02109–3912, phone: 617– 16. To what extent are firms and ENVIRONMENTAL PROTECTION 918–1332, email: Stanley.ElaineT@ advisers relying on the existing AGENCY epa.gov or Sarah White, Community grandfather provision? How has the Involvement Coordinator at EPA— provision affected the availability of 40 CFR Part 300 Region 1, 5 Post Office Square, Suite advice to investors? Are there changes [EPA–HQ–SFUND–1986–0005; FRL–9964– 100, Mail Code ORA01–1, Boston, MA to the provision that would enhance its 01–Region 1] 02109–3912, phone: 617–918–1026, ability to minimize undue disruption email: [email protected]. and facilitate valuable advice? National Oil and Hazardous SUPPLEMENTARY INFORMATION: In the Substances Pollution Contingency PTE 84–24 ‘‘Rules and Regulations’’ Section of Plan; National Priorities List: Deletion today’s Federal Register, we are of the Shpack Landfill Superfund Site 17. If the Department provided an publishing a direct final Notice of exemption for insurance intermediaries AGENCY: Environmental Protection Deletion of Shpack Landfill Superfund to serve as Financial Institutions under Agency (EPA). Site without prior Notice of Intent to the BIC Exemption, would this facilitate ACTION: Proposed rule; notice of intent. Delete because we view this as a advice regarding all types of annuities? noncontroversial revision and anticipate Would it facilitate advice to expand the SUMMARY: The Environmental Protection no adverse comment. We have scope of PTE 84–24 to cover all types of Agency (EPA) Region 1 is issuing a explained our reasons for this deletion annuities after the end of the transition Notice of Intent to Delete the Shpack in the preamble to the direct final period on January 1, 2018? What are the Landfill Superfund Site (Site) located on Notice of Deletion, and those reasons relative advantages and disadvantages of Union Rd. and Peckham Streets in are incorporated herein. If we receive no these two exemption approaches (i.e., Norton and Attleboro, Massachusetts, adverse comment(s) on this deletion expanding the definition of Financial from the National Priorities List (NPL) action, we will not take further action Institution or expanding the types of and requests public comments on this on this Notice of Intent to Delete. If we annuities covered under PTE 84–24)? To proposed action. The NPL, promulgated receive adverse comment(s), we will what extent would the ongoing pursuant to section 105 of the withdraw the direct final Notice of availability of PTE 84–24 for specified Comprehensive Environmental Deletion, and it will not take effect. We annuity products, such as fixed indexed Response, Compensation, and Liability will, as appropriate, address all public annuities, give these products a Act (CERCLA) of 1980, as amended, is comments in a subsequent final Notice competitive advantage vis-a`-vis other an appendix of the National Oil and of Deletion based on this Notice of products covered only by the BIC Hazardous Substances Pollution Intent to Delete. We will not institute a Exemption, such as mutual fund shares? Contingency Plan (NCP). The EPA and second comment period on this Notice
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of Intent to Delete. Any parties Dated: May 9, 2017. SUPPLEMENTARY INFORMATION: This is a interested in commenting must do so at Deborah A. Szaro, summary of the Commission’s this time. Acting Regional Administrator, Region 1. document, Report No. 3078, released For additional information, see the [FR Doc. 2017–14113 Filed 7–5–17; 8:45 am] June 26, 2017. The full text of the direct final Notice of Deletion which is BILLING CODE 6560–50–P Petition is available for viewing and located in the Rules section of this copying at the FCC Reference Federal Register. Information Center, 445 12th Street SW., FEDERAL COMMUNICATIONS Room CY–A257, Washington, DC 20554. List of Subjects in 40 CFR Part 300 COMMISSION It also may be accessed online via the Environmental protection, Air Commission’s Electronic Comment pollution control, Chemicals, Hazardous 47 CFR Parts 1, 32 and 65 Filing System at: https://www.fcc.gov/ ecfs/filing/106050781930666. The waste, Hazardous substances, [WC Docket No. 14–130, CC Docket No. 80– Intergovernmental relations, Penalties, 286; Report No. 3078] Commission will not send a Reporting and recordkeeping Congressional Review Act (CRA) requirements, Superfund, Water Petition for Reconsideration of Action submission to Congress or the pollution control, Water supply. in Rulemaking Proceeding Government Accountability Office Pursuant to the CRA, 5 U.S.C. because For the reasons set out in this AGENCY: Federal Communications no rules are being adopted by the document, 40 CFR part 300 is proposed Commission. Commission. to be amended as follows: ACTION: Petition for Reconsideration. Subject: In the Matter of Comprehensive Review of the Part 32 PART 300—NATIONAL OIL AND SUMMARY: A Petition for Reconsideration (Petition) has been filed in the Uniform System of Accounts; HAZARDOUS SUBSTANCES Jurisdictional Separations and Referral POLLUTION CONTINGENCY PLAN Commission’s proceeding by Paul Glist, on behalf of NCTA—The Internet & to the Federal-State Joint Board, FCC Television Association. 17–15, published at 82 FR 20833, May ■ 1. The authority citation for Part 300 4, 2017, in WC Docket No. 14–130 and DATES: Oppositions to the Petition must is revised to read as follows: CC Docket No. 80–286. This document be filed on or before July 21, 2017. Authority: 33 U.S.C. 1321(d); 42 U.S.C. is being published pursuant to 47 CFR Replies to an opposition must be filed 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 1.429(e). See also 47 CFR 1.4(b)(1) and on or before July 31, 2017. 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 1.429(f), (g). ADDRESSES: 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 Federal Communications Number of Petitions Filed: 1. FR 2923, 3 CFR, 1987 Comp., p. 193. Commission, 445 12th Street SW., Washington, DC 20554. Federal Communications Commission. Appendix B to Part 300—[Amended] FOR FURTHER INFORMATION CONTACT: Marlene H. Dortch, ■ 2. Table 1 of Appendix B to part 300 Robin Cohn, Pricing Policy Division, Secretary. is amended by removing ‘‘MA’’, Wireline Competition Bureau, at (202) [FR Doc. 2017–14161 Filed 7–5–17; 8:45 am] ‘‘Shpack Landfill’’, ‘‘Norton/Attleboro’’. 418–2747 or email: [email protected]. BILLING CODE 6712–01–P
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Notices Federal Register Vol. 82, No. 128
Thursday, July 6, 2017
This section of the FEDERAL REGISTER potential persons who are to respond to Number of Respondents: 23,800. contains documents other than rules or the collection of information that such Frequency of Responses: Reporting: proposed rules that are applicable to the persons are not required to respond to On occasion. public. Notices of hearings and investigations, the collection of information unless it Total Burden Hours: 11,901. committee meetings, agency decisions and displays a currently valid OMB control rulings, delegations of authority, filing of Ruth Brown, number. petitions and applications and agency Departmental Information Collection statements of organization and functions are Animal and Plant Health Inspection Clearance Officer. examples of documents appearing in this Service [FR Doc. 2017–14169 Filed 7–5–17; 8:45 am] section. Title: National Veterinary BILLING CODE 3410–34–P Accreditation Program Application DEPARTMENT OF AGRICULTURE Form. OMB Control Number: 0579–0297. DEPARTMENT OF AGRICULTURE Summary of Collection: The Animal Submission for OMB Review; Forest Service Comment Request Health Protection Act, (APHA) of 2002 is the primary Federal law governing the June 30, 2017. Eastern Region Recreation Resource protection of animal health. The APHA Advisory Committee The Department of Agriculture has is contained in Title X, Subtitle E, submitted the following information Sections 10401–18 of Public Law 107– AGENCY: Forest Service, USDA. collection requirement(s) to OMB for 171, May 13, 2002, the Farm Security ACTION: Notice of meeting. review and clearance under the and Rural Investment Act of 2002. The Paperwork Reduction Act of 1995, law gives the Secretary of Agriculture SUMMARY: The Eastern Region Public Law 104–13. Comments are broad authority to detect, control, or Recreation Resource Advisory requested regarding (1) whether the eradicate pests or diseases of livestock Committee (Recreation RAC) is collection of information is necessary or poultry. The Animal and Plant Health scheduled to meet via conference call. for the proper performance of the Inspection Service (APHIS) is the The Recreation RAC is authorized functions of the agency, including agency charged with carrying out this pursuant with the Federal Lands whether the information will have disease prevention mission. For APHIS Recreation Enhancement Act (the Act) practical utility; (2) the accuracy of the to conduct all its disease prevention and the Federal Advisory Committee agency’s estimate of burden including tasks, it utilizes APHIS-certified private Act (FACA). Information for the the validity of the methodology and veterinarians to work cooperatively with Recreation RAC may be found by assumptions used; (3) ways to enhance Federal and State animal health visiting the Web site at: http:// the quality, utility and clarity of the authorities on the Agency’s behalf. www.fs.usda.gov/main/r9/recreation/ information to be collected; and (4) Their certification is obtained through racs. ways to minimize the burden of the the APHIS National Veterinary DATES: The meeting will be held on collection of information on those who Accreditation Program (NVAP) which Thursday, September 28, 2017, from are to respond, including through the has an application and renewal process. 1:00 p.m. to 3:00 p.m. Eastern Standard use of appropriate automated, Need and Use of the Information: Time. electronic, mechanical, or other APHIS will use VS form 1–36A, All Recreation RAC meetings are technological collection techniques or National Veterinary Accreditation subject to cancellation. For status of the other forms of information technology. Program Application Form to collect meeting prior to attendance, please Comments regarding this information information to certify private contact the person listed under the FOR collection received by August 7, 2017 practitioners to work cooperatively with FURTHER INFORMATION CONTACT. will be considered. Written comments Federal and State animal health ADDRESSES: The meeting will be held should be addressed to: Desk Officer for authorities as accredited private Agriculture, Office of Information and veterinarians on various approaches for via teleconference. Participants who Regulatory Affairs, Office of disease prevention and proactive would like to attend by teleconference Management and Budget (OMB), New disease surveillance. Applicants may should contact the person listed under Executive Office Building, 725 17th appeal denial, revocation, or suspension FOR FURTHER INFORMATION CONTACT. Written comments may be submitted Street NW., Washington, DC 20502. of accredited status. The written appeal as described under SUPPLEMENTARY Commenters are encouraged to submit is prepared in letter format and signed their comments to OMB via email to: by the denied veterinarian. If INFORMATION. All comments, including [email protected] or information from accredited names and addresses, when provided, fax (202) 395–5806 and to Departmental veterinarians was collected less are placed in the record and available Clearance Office, USDA, OCIO, Mail frequently or not collected, APHIS for public inspection and copying. The Stop 7602, Washington, DC 20250– would lose access to professional and public may inspect comments received 7602. Copies of the submission(s) may demographic data for more than 100,000 at the Eastern Region, Regional Office, be obtained by calling (202) 720–8958. cooperators, and APHIS coverage of 626 East Wisconsin Avenue, An agency may not conduct or veterinary, plant, and agricultural Milwaukee, Wisconsin. Please call 541– sponsor a collection of information activities would be proportionately 860–8048 to facilitate entry into the unless the collection of information reduced. building. displays a currently valid OMB control Description of Respondents: Business FOR FURTHER INFORMATION CONTACT: number and the agency informs or other for-profit. Joanna Wilson, Eastern Region
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Recreation RAC Coordinator, by phone SUMMARY: The U.S. Department of Individuals who use at 541–860–8048, or by email at Agriculture, Forest Service will prepare telecommunication devices for the deaf [email protected]. an Environmental Impact Statement (TDD) may call the Federal Information Individuals who use (EIS) to propose a variety of projects for Relay Service (FIRS) at 1–800–877–8339 telecommunication devices for the deaf multiple resource benefits at a between 8 a.m. and 8 p.m., Eastern (TDD) may call the Federal Information landscape level to implement over the Time, Monday through Friday. Relay Service (FIRS) at 1–800–877–8339 course of 10 to 15 years. Both the Craig SUPPLEMENTARY INFORMATION: and Thorne Bay Ranger Districts between 8:00 a.m. and 8:00 p.m., Purpose and Need for Action Eastern Standard Time, Monday encompass Prince of Wales Island through Friday. (POW) and surrounding islands, which The purpose of the POW LLA Project serves as the project area for the Prince is to improve forest ecosystem health on SUPPLEMENTARY INFORMATION: The of Wales Landscape Level Analysis Craig and Thorne Bay Ranger Districts, purpose of the meeting is to further a (POW LLA) Project. Our intention is help support community resiliency, and discussion on regional recreation fee that this project will be a highly provide economic development through pricing consistency. The meeting is collaborative process involving the an integrated approach to meet multiple open to the public. The agenda will public at all stages throughout the resource objectives. include time for people to make oral development of this analysis. A Notice There is a need to provide a statements of three minutes or less at of Intent (NOI) for this project was first sustainable level of forest products to the Friday portion of the meeting published in the Federal Register (81 contribute to the economic viability of starting at 2:00 p.m. Individuals wishing FR 86320) on November 30, 2016. This Prince of Wales communities. There is to make an oral statement should Corrected NOI has been prepared to also a need to help maintain the request in writing by September 25, provide a more detailed description of expertise and infrastructure of the 2017, to be scheduled on the agenda. the proposed action developed using timber industry to integrate timber Anyone who would like to bring related comments from the public and harvest with restoration opportunities in matters to the attention of the stakeholders. a sustainable manner that meets Recreation RAC may file written DATES: Comments concerning the scope multiple economic, forest, and statements with the Committee’s staff watershed objectives. before or after the meeting. Written of the analysis must be received by August 7, 2017. The publication date of There is a need for young-growth comments and time requests to make forests to produce future desired oral comments must be sent to Joanna this Corrected NOI in the Federal Register is the exclusive means for resource values, products, services, and Wilson, Eastern Region Recreation RAC forest health conditions that sustain the Coordinator, 855 South Skylake Drive, calculating the comment period for this scoping opportunity. If the comment diversity and productivity of forested Woodland Hills, Utah 84653; or by ecosystems. Timber stand establishment email to [email protected]. period ends on a Saturday, Sunday, or Federal holiday, comments will be and timber stand improvement activities Meeting Accommodations: If you are accepted until the end of the next (such as planting and precommercial a person requiring reasonable Federal working day (11:59 p.m.). The thinning) that enhance early seral accommodation, please make requests POW LLA Project is an activity forests are necessary to achieve this. in advance for sign language implementing the forest plan and is There is a need for restoration interpreting, assistive listening devices, subject to 36 CFR 218, Subparts A and activities in some watersheds to or other reasonable accommodation. For B. Only individuals or entities who reestablish self-sustaining habitats that access to the facility or proceedings, submit timely and specific written promote viable fish, wildlife, and plant please contact the person listed in the comments about this proposed project populations. This would contribute to section titled FOR FURTHER INFORMATION or activity during this or another public subsistence values and the continued CONTACT. All reasonable comment period established by the traditional and cultural uses by accommodation requests are managed Responsible Official will be eligible to residents of Prince of Wales and on a case by case basis. file an objection. Comments submitted surrounding islands. There is a need to maintain existing Dated: June 12, 2017. previously will be considered in the recreation opportunities on POW and Glenn Casamassa, analysis. The Draft Environmental surrounding islands for residents, as Impact Statement is expected in January Associate Deputy Chief, National Forest well as to expand opportunities for System. of 2018 and the Final Environmental growth in the recreation and tourism Impact Statement is expected in July of [FR Doc. 2017–14134 Filed 7–5–17; 8:45 am] business sector. A sustainable recreation 2018. BILLING CODE 3411–15–P program in terms of operations and ADDRESSES: Send written comments to maintenance is needed in order to Thorne Bay Ranger District, at P.O. Box maintain infrastructure to an acceptable DEPARTMENT OF AGRICULTURE 19001, Thorne Bay, AK 99919. level. Comments may also be submitted Forest Service There is a need to support improved electronically at https://cara.ecosystem- telecommunications in local management.org/Public/ Craig and Thorne Bay Ranger Districts, communities. CommentInput?project=50337, or via Tongass National Forest, Alaska; facsimile to (907) 828–3309. Proposed Action Prince of Wales Landscape Level Analysis Project Environmental Impact FOR FURTHER INFORMATION CONTACT: The proposed action was developed Statement Matthew Anderson, District Ranger, with input from an independently- Craig and Thorne Bay Ranger Districts, formed, broadly-based collaborative AGENCY: Forest Service, USDA. at 504 9th Street, Craig, AK 99921, by group as well as from public comments. telephone at (907) 826–3271; or Delilah During initial scoping and through this ACTION: Corrected Notice of Intent to Brigham, Project Leader, at 1312 Federal collaborative process, the Forest Service prepare an Environmental Impact Way, Thorne Bay, AK 99919, by received suggestions for a wide array of Statement. telephone at (907) 828–3232. site-specific projects and management
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strategies. The projects and management culmination of mean annual increment. Fish Habitat Restoration: The Forest strategies fell within four broad Stands proposed for rotational harvest Service proposes to utilize various categories: Vegetation management, (even-aged and two-aged management) treatment options to restore hydrologic watershed improvement and restoration, will, however, have generally reached a function in fish streams or lakes that sustainable recreation management, and level of growth where at least 50 percent may include the following: 108 Creek, associated actions. For both the of the total volume occurs in trees with 142F Creek, Alder Creek, Big Salt Lake, proposed action and other action a merchantable height suitable to Buster Creek, Camp Creek, Chuck Creek, alternatives, the Forest Service is produce two 36-foot logs. Coffman Creek, Deer Creek, Dog (Chum) developing ‘‘Activity Cards’’ that The Forest Service would take into Creek, Dolores Creek, Eagle Creek, present potential activities being consideration various projects and Flicker Creek, Hatchery Creek, considered within the project area, strategies that were proposed through Hydaburg River, Inlet Creek, Klawock though without specific locations. These public input including: Limit old- Lake, Logjam Creek, Luck Lake, are meant to describe major aspects of growth harvest around communities to Maybeso Creek, Port Saint Nicholas an activity and provide initial maintain deer habitat and winter range, Creek, Ratz Creek, Red Bay Creek, guidelines on how it would be prioritize young-growth treatments to Reynolds Creek, Rio Beaver, Sal Creek, implemented, and can be viewed on the promote deer habitat, and maintain Salt Chuck, Saltery Creek, Shaheen project Web page (see Scoping Process existing and create new wildlife Creek, Slide Creek, Slow Creek, Snug section below for web address). Each travelways and wildlife trees for a Creek, Thorne River, Turn Creek, and ground-disturbing activity discussed variety of wildlife species. Yatuk Creek, as well as complete below in this proposed action, and Commercial harvests would utilize restoration treatments on Harris River, following in potential alternatives, has various prescriptions and logging Staney Creek, and Twelvemile Arm. an activity card corresponding to that systems, and would provide material to Other streams that have not been listed activity, whether site-specific or not. local mill operators through large sale, may be considered for restoration if the Activity cards should be reviewed for small sale, salvage sale, and microsale Forest Service determines that the fish more information on land management programs. Harvested trees would habitat and or hydrological condition activities. generally be removed without the limbs have degraded due to past management practices. The Forest Service would Vegetation Management and tops attached. However, the limbs, tops, and cull material could potentially consider opportunities for interpretive Vegetation management activities signs within restored watersheds for include: Old-growth commercial be utilized as biomass, or other products. public education. harvest, young-growth commercial Fisheries Habitat Improvement: The The Forest Service proposes to harvest, young-growth precommercial Forest Service proposes to enact various precommercially thin approximately thinning treatments, timber stand methods to improve fish habitat in the 4,500 acres of young-growth stands establishment (e.g., tree seedling following lakes and streams: Control annually utilizing various prescriptions planting), and wildlife habitat Creek/Balls Lake, Devil Lake, Eek Lake, to achieve desired conditions for the improvement treatments. Hessa Lake, Hunter Lake, Karta River, stands. The Forest Service would take The Forest Service proposes to Klekas Lake, Little Klekas Lake, into consideration prioritizing young- commercially harvest an average of 25 Manhattan Creek, Nichols Lake, Rio growth treatments in high-value deer MMBF (million board feet; volume Roberts, Sarkar Creek, and Welcome winter habitat (south facing low- measurement) of old-growth timber Lake. annually from suitable timber lands elevation stands). Slash treatments Aquatic Organism Passage and Fish within the project area during the first could occur in stands that are thinned Habitat Connectivity: Stream-crossings 5 years of implementation (years 2019 for wildlife habitat improvement within the project area that do not allow through 2023), and an average of 15 objectives. for fish and aquatic organism passage at MMBF of old-growth timber annually The Forest Service may interplant tree all flows, referred to as ‘‘red pipes,’’ during the next five year period (years seedlings within selected harvest units would be replaced with appropriate 2024 through 2028). In year 2029, 10 to enhance species composition if post- structures or removed with other road years after initial implementation, an harvest evaluation determines that restoration treatments. evaluation of availability of old-growth artificial reforestation is beneficial. Seed Karst Systems Improvement: Karst timber within the project area would may be sourced by cone collection, for systems that have been impacted from occur before additional old-growth the purposes of tree seedling generation. past management would be improved by harvest levels would be set, to ensure The Forest Service would consider removing blockages to restore natural there will be harvestable old-growth establishing or encouraging native plant water flows into karst features. Young- timber available for local mills beyond nurseries that can produce seedlings growth stands adjacent to impaired karst the 15-year timeline of this project. and other native plant materials for systems may be thinned to increase The Forest Service proposes to reforestation, reclamation, and habitat precipitation throughfall to increase commercially harvest from suitable improvement projects. spring flow and to flush accumulated lands, as defined under the 2016 Watershed Improvement and sediment. Tongass Land and Resource Restoration Treatments Invasive Plant Management: The Management Plan Ammendment, an Forest Service proposes to utilize average of 8 MMBF annually of young Proposed watershed improvement manual and mechanical treatments, as growth over a five-year period beginning and restoration activities on National part of an integrated pest management in year 2022 and ending in 2026. In year Forest System land within the project approach, to eradicate or control 2027, the young-growth harvest level area include: Fish habitat restoration, existing and new infestations of non- would be advanced to an average of 15 fish habitat improvements, aquatic native, invasive plants. MMBF annually through year 2031. organism passage and fish habitat Young growth harvested under this connectivity, karst systems Sustainable Recreation Management proposal would occur in stands that improvement, and invasive plant Proposed recreation activities on generally have not reached 95 percent of management. National Forest System lands include
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maintenance of all existing recreation Duck, Barron Mountain, Baird Peak, November 30, 2016, from public facilities, as well as improvements to Sunnahae, West Ridge near Polk Inlet, comments received to this Corrected some existing facilities and construction ridge lines east of the North Thorne NOI, and from internal Forest Service of new facilities. Proposals received drainage, and near Control Lake. A considerations. For example, through public comment included picnic day-use area was proposed for alternatives may include cabins and three-sided shelters; a near Neck Lake. decommissioning recreation variety of trails; campsites and Existing recreation areas were infrastructure that are expensive to campgrounds; access and enhancements proposed for further development, maintain and receive minimal use to for kayaking, canoeing, and boating; improvement, and/or maintenance, as match maintenance capacity; a low creating interpretive sites; creating follows. The El Capitan area could be range of old-growth harvest may be winter recreation opportunities; day use developed further to include a cabin, designed to support the local small-mill sites; and further development of day use area, and campground, and industry; treatments such as prescribed existing recreation areas. Outhouse improvements could be made to the burning to improve understory for facilities may be necessary to dock, boat ramp, and at the marine wildlife; an integrated pest management accompany certain proposed recreation transfer facility or ‘‘spit’’ area. Ratz strategy that includes the use of sites. A wide array of locations were Harbor area improvements could herbicides for treatment of non-native, suggested; the proposed action is not include a high-water ramp or boat invasive plants; restrictions on limited to but will consider the launch, picnic area, primitive camp site, vegetation treatments (logging) north of following locations associated with or a three-sided shelter. The Memorial Forest Road 20 and in the vicinity of these activities. Beach area could be improved with Point Baker and Port Protection to Three-sided shelters and/or cabins better signage and a loop trail through preserve watershed, visual, and other were proposed at or near Canoe Point, the old-growth forest to the east. It was values on the north end of POW; and the Palisades, Fern Point, Point requested that the Karta Cabin and trail incorporation of actions recommended Gertrudis, Eagle Island in Sea Otter receive more maintenance. The greater in the ‘‘Interagency Wolf Habitat Sound, near Hydaburg, near South POW Control Lake area, including Control Management Program’’ plan for Game Wilderness, Mable Bay, Jackson Island, Lake Cabin, Balls Lake, Eagles Nest Management Unit 2 (https:// Hunter’s Bay, the log transfer facility in Campground, and the Cutthroat Road www.fs.usda.gov/Internet/FSE_ Port Refugio, Sal Creek, Cape Ulitka, could be expanded and better connected DOCUMENTS/fseprd537975.pdf). In Little Vera Beach, Arena Cove, and in an as a recreational complex. addition, early youth engagement in this alpine area for winter recreation. Finally, to support input from local process identified several potential Trails proposed included walking, youth, the Forest Service would recreation related ideas which may be hiking, bicycling, mountain biking, for entertain proposals to permit a day use incorporated into one or all of the action off-highway vehicle use, and area on the island for uses such as paint alternatives if possible. A no-action interpretive, and may be new trails or ball, archery, and other youth activities. alternative, which represents no change improvements to existing ones. The Associated Actions and serves as the baseline for the locations suggested are Luck Creek; comparison among the action Honker Divide Trail; Harris River trail A number of activities associated with alternatives, will be analyzed as well. system including connecting Gandla´ay implementing the various proposed Comments we receive to this Corrected Ha´anaa Creek and Harris River management activities would be NOI may identify additional alternative interpretive sites, and a hut-to-hut trail necessary, in addition to some components. system; Deweyville; Rio Beaver (also associated actions which were proposed Responsible Official known as 8 1⁄2 mile Thorne Bay Road); through public input and comments. Rio Roberts Fish Pass; Sunnahae; Sarkar Associated actions were divided into The Responsible Official for the canoe route and portages; Suemez two categories: Infrastructure actions decision on this project is M. Earl Island; ‘‘Rabbit Ears—ORV Trail’’ near and non-infrastructure actions. Stewart, Forest Supervisor, Tongass Coffman Cove; from Roller Bay to Cape Infrastructure actions include: Road National Forest, Federal Building, 648 Ulitka; from Port San Antonio to Little maintenance and use; management of Mission Street, Ketchikan, Alaska, Vera Beach; from Port Refugio to Arena system and temporary roads, including 99901. Cove; through old-growth forests; and construction, maintainance, and Nature of Decision To Be Made along roads that can be converted to potentially storage or decommissioning trails. after project implementation (potential Given the purpose and need of the Campsites were suggested around maintenance level changes may occur); project, the Forest Supervisor will Luck Lake, and a campground with RV use and development of new and review the no action, the proposed parking was suggested for near the existing rock pits (for both road needs action, other alternatives, and the community of Hydaburg. The comments and personal use); reconstruction and environmental consequences in order to to develop sea kayak routes also maintenance of marine access facilities make decisions including the following: included developing access points for and log transfer facilities; and (1) Whether to select the proposed canoes and kayaks at both fresh and infrastructure to access and establish action or another alternative; (2) the saltwater locations. Comments for new telecommunication sites. Non- locations, design, and scheduling of boat launches and/or docks to enhance infrastructure actions include: Site commercial and precommercial timber saltwater access included Calder Bay, preparation, hazard tree removal, treatments, restoration activities, habitat Port Refugio, and Port San Antonio. wildlife-proof garbage can installation improvements, road construction and There was a suggestion to improve and maintenance, brushing and brush reconstruction, and improvements to signage and maintenance of the Salt disposal, and viewshed improvement. recreation opportunities; (3) mitigation Chuck Mine site, and interest in creating measures and monitoring requirements; an archaeology kiosk and interpretive Possible Alternatives and (4) whether there may be a site. Winter recreation opportunities Other alternatives will be more fully significant restriction of subsistence with access to the snow line were developed based on public comments uses. No Forest Plan Amendments are suggested for Upper Steelhead, One received to the original NOI published anticipated with this decision.
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Permits or Licenses Required Individuals may also provide comments Conference Room, 2550 Riverside Drive, All necessary permits would be and sign up for an electronic mailing list Susanville, California. obtained prior to project at that site. Written comments may be submitted It is important that reviewers provide implementation, and may include the as described under SUPPLEMENTARY their comments at such times and in following: INFORMATION. All comments, including such manner that they are useful to the (1) State of Alaska, Department of names and addresses when provided, agency’s preparation of the Environmental Conservation (DEC), are placed in the record and are environmental impact statement. Alaska Pollutant Discharge Elimination available for public inspection and Therefore, comments should be System (APDES): copying. The public may inspect provided prior to the close of the • General permit for Log Transfer comments received at The Lassen NF comment period and should clearly Facilities in Alaska; Supervisor’s Office. Please call ahead to • articulate the reviewer’s concerns and facilitate entry into the building. Review Spill Prevention Control contentions. and Countermeasure Plan; FOR FURTHER INFORMATION CONTACT: • Comments received in response to Certification of Compliance with this solicitation, including names and Matthew Boisseau, RAC Designated Alaska Water Quality Standards (401 addresses of those who comment, will Federal Officer, by phone at 530–768– Certification) Chapter 20; 4109 or via email at mboisseau@ • be part of the public record for this Storm Water Discharge Permit/ proposed action. Comments submitted fs.fed.us. National Pollutant Discharge anonymously will be accepted and Individuals who use Elimination System review (Section 402 considered; however, anonymous telecommunication devices for the deaf of the Clean Water Act); comments will not provide the Agency (TDD) may call the Federal Information • Solid Waste Disposal Permit; with the ability to provide the Relay Service (FIRS) at 1–800–877–8339 (2) U.S. Army Corp of Engineers: respondent with subsequent between 8:00 a.m. and 8:00 p.m., • Approval of discharge of dredged or environmental documents. Eastern Standard Time, Monday fill material into the waters of the through Friday. United States under Section 404 of the Dated: June 15, 2017. Clean Water Act; Cynthia D. West, SUPPLEMENTARY INFORMATION: The • Approval of the construction of Acting Associate Deputy Chief, National purpose of the meeting is to review and structures or work in navigable waters Forest System. recommend project proposals; details at of the United States under Section 10 of [FR Doc. 2017–14138 Filed 7–5–17; 8:45 am] the following Web site: https:// the Rivers and Harbors Act of 1899; BILLING CODE 3411–15–P www.fs.usda.gov/main/lassen/ (3) State of Alaska, Division of Natural workingtogether/advisorycommittees. Resources (DNR): The meeting is open to the public. • Authorization for occupancy and DEPARTMENT OF AGRICULTURE The agenda will include time for people use of tidelands and submerged lands. Forest Service to make oral statements in support of (4) State of Alaska, Department of their projects. Individuals wishing to Fish and Game (ADF&G) Lassen County Resource Advisory make an oral statement should request • Fish Habitat Permit and Committee in writing by August 25, 2017, to be Concurrence (Title 16) scheduled on the agenda. Anyone who AGENCY: Forest Service, USDA. Scoping Process would like to bring related matters to ACTION: Notice of meeting. the attention of the RAC may file This Corrected Notice of Intent written statements with the RAC staff initiates a scoping period, which guides SUMMARY: The Lassen County Resource Advisory Committee (RAC) will meet in before or after the meeting. Written additional development of the comments and requests for time for oral environmental impact statement. The Susanville, CA. The RAC is authorized under the Secure Rural Schools and comments must be sent to Matthew Forest Service will be seeking Boisseau, RAC Desiganted Federal information, comments, and assistance Community Self-Determination Act (the Act) and operates in compliance with Officer, 2550 Riverside Drive, from Tribal Governments; Federal, Susanville, California 96130; by email to State, and local agencies; and the Federal Advisory Committee Act. The purpose of the RAC is to improve [email protected] or via facsimile to individuals and organizations interested 530–252- 6463. in or affected by the proposed activities. collaborative relationships and to provide advice and recommendations to Meeting Accommodations: If you are There will also be ample public a person requiring reasonable involvement on Prince of Wales Island, the Forest Service concerning projects and funding consistent with the Act. accommodation, please make requests including: public meetings held in in advance for sign language various communities, subsistence RAC information can be found at the following Web site: https:// interpreting, assistive listening devices, hearings, information posted in public or other reasonable accommodation. For places and in local publications such as www.fs.usda.gov/main/lassen/ workingtogether/advisorycommittees. access to the facility or proceedings, the Island Post, and from the Prince of please contact the person listed in the Wales Landscape Assessment Team, a DATES: The meeting will be held on August 31, 2017, from 9:00 a.m. to 4:00 section titled FOR FURTHER INFORMATION collaborative group independently CONTACT. All reasonable formed to provide widely based p.m. All RAC meetings are subject to accommodation requests are managed proposals to be considered by the U.S. on a case by case basis. Forest Service in the POW LLA Project cancellation. For status of meeting prior development and analysis process. to attendance, please contact the person Dated: June 12, 2017. Project information and updates, listed under FOR FURTHER INFORMATION Glenn Casamassa, meeting notices, and documents will be CONTACT. Associate Deputy Chief, National Forest provided throughout the process on the ADDRESSES: The meeting will be held at System. project Web page at http:// the Lassen National Forest (NF) [FR Doc. 2017–14136 Filed 7–5–17; 8:45 am] www.fs.usda.gov/goto/tongass/powlla. Supervisor’s Office, Caribour BILLING CODE 3411–15–P
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DEPARTMENT OF AGRICULTURE or less. Individuals wishing to make an Written comments may be submitted oral statement should request in writing as described under SUPPLEMENTARY Forest Service by August 7, 2017, to be scheduled on INFORMATION. All comments, including the agenda. Anyone who would like to names and addresses when provided, Coconino County Resource Advisory bring related matters to the attention of are placed in the record and are Committee the committee may file written available for public inspection and AGENCY: Forest Service, USDA. statements with the committee staff copying. The public may inspect before or after the meeting. Written comments received at the Pomeroy ACTION: Notice of meeting. comments and requests for time to make Ranger District. Please call ahead to SUMMARY: The Coconino County oral comments must be sent to Brady facilitate entry into the building. Resource Advisory Committee (RAC) Smith, RAC Coordinator, Coconino NF Supervisor’s Office, 1824 South FOR FURTHER INFORMATION CONTACT: will meet in Flagstaff, Arizona. The Monte Fujishin, RAC Designated committee is authorized under the Thompson Street, Flagstaff, Arizona 86001; or by email to bradysmith@ Federal Officer, by phone at 509–843– Secure Rural Schools and Community 4620 or by email at [email protected]. Self-Determination Act (the Act) and fs.fed.us. operates in compliance with the Federal Meeting Accommodations: If you are Individuals who use Advisory Committee Act. The purpose a person requiring reasonable telecommunication devices for the deaf of the committee is to improve accommodation, please make requests (TDD) may call the Federal Information in advance for sign language collaborative relationships and to Relay Service (FIRS) at 1–800–877–8339 interpreting, assistive listening devices, provide advice and recommendations to between 8:00 a.m. and 8:00 p.m., or other reasonable accommodation. For the Forest Service concerning projects Eastern Standard Time, Monday access to the facility or proceedings, and funding consistent with the Act. through Friday. please contact the person listed in the RAC information can be found at the section titled FOR FURTHER INFORMATION SUPPLEMENTARY INFORMATION: The following Web site: https:// CONTACT. All reasonable purpose of the meeting is to: www.fs.usda.gov/main/pts/ accommodation requests are managed specialprojects/racs. 1. Review of past projects and on a case by case basis. progress of continuing projects, DATES: The meeting will be held on August 14, 2017, at 9:00 a.m. Dated: June 15, 2017. 2. Discussion and selection of All RAC meetings are subject to Cynthia D. West, proposed projects, cancellation. For status of meeting prior Acting Associate Deputy Chief, National 3. Public Comments. to attendance, please contact the person Forest System. The meeting is open to the public. listed under FOR FURTHER INFORMATION [FR Doc. 2017–14133 Filed 7–5–17; 8:45 am] The agenda will include time for people CONTACT. BILLING CODE 3411–15–P to make oral statements of three minutes ADDRESSES: The meeting will be held at or less. Individuals wishing to make an the Coconino County Health DEPARTMENT OF AGRICULTURE oral statement should request in writing Department, 2625 North King Street, by July 17, 2017, to be scheduled on the Flagstaff, Arizona. Forest Service agenda. Anyone who would like to Written comments may be submitted bring related matters to the attention of as described under SUPPLEMENTARY Southeast Washington Forest the RAC may file written statements INFORMATION. All comments, including Resource Advisory Committee with the RAC staff before or after the names and addresses when provided, AGENCY: Forest Service, USDA. meeting. Written comments and are placed in the record and are ACTION: Notice of meeting. requests for time to make oral comments available for public inspection and must be sent to Monte Fujishin, RAC copying. The public may inspect SUMMARY: The Southeast Washington Designated Federal Officer, Pomeroy comments received at the Coconino Forest Resource Advisory Committee Ranger District, 71 West Main Street, National Forest (NF) Supervisor’s (RAC) will meet in Pomeroy, Pomeroy, Washington 99347; by email Office. Please call ahead to facilitate Washington. The RAC is authorized to [email protected], or via facsimile entry into the building. under the Secure Rural Schools and to 509–843–4621. FOR FURTHER INFORMATION CONTACT: Community Self-Determination Act (the Meeting Accommodations: If you are Brady Smith, RAC Coordinator, by Act) and operates in compliance with a person requiring reasonable phone at 928–527–3490 or via email at the Federal Advisory Committee Act. accommodation, please make requests [email protected]. The purpose of the RAC is to improve in advance for sign language Individuals who use collaborative relationships and to interpreting, assistive listening devices, telecommunication devices for the deaf provide advice and recommendations to or other reasonable accommodation. For (TDD) may call the Federal Information the Forest Service concerning projects access to the facility or proceedings, Relay Service (FIRS) at 1–800–877–8339 and funding consistent with the Act. please contact the person listed in the between 8:00 a.m. and 8:00 p.m., DATES: The meeting will be held on July section titled FOR FURTHER INFORMATION Eastern Standard Time, Monday 26, 2017, and will begin at 6:00 p.m. CONTACT. All reasonable through Friday. All RAC meetings are subject to accommodation requests are managed SUPPLEMENTARY INFORMATION: The cancellation. For status of meeting prior on a case by case basis. purpose of the meeting is to: to attendance, please contact the person Dated: June 12, 2017. 1. Review the calendar, listed under FOR FURTHER INFORMATION 2. Review project proposals, and CONTACT. Glenn Casamassa, 3. Establish outline of next meeting. ADDRESSES: The meeting will be held at Assoctiate Deputy Chief, National Forest The meeting is open to the public. the Pomeroy Ranger District Office, 71 System. The agenda will include time for people West Main Street, Pomeroy, [FR Doc. 2017–14135 Filed 7–5–17; 8:45 am] to make oral statements of three minutes Washington. BILLING CODE 3411–15–P
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DEPARTMENT OF AGRICULTURE to make oral statements in support of Conference Room, 2946 Chestnut Street, their projects. Individuals wishing to Montgomery, Alabama. For participants Forest Service make an oral statement should request that would like to attend via conference in writing by September 1, 2017, to be call, please contact the person listed Lassen County Resource Advisory scheduled on the agenda. Anyone who under FOR FURTHER INFORMATION Committee would like to bring related matters to CONTACT. the attention of the RAC may file AGENCY: Forest Service, USDA. Written comments may be submitted written statements with the RAC staff ACTION: Notice of meeting. as described under SUPPLEMENTARY before or after the meeting. Written INFORMATION. All comments, including SUMMARY: The Lassen County Resource comments and requests for time for oral Advisory Committee (RAC) will meet in comments must be sent to Matthew names and addresses when provided, Susanville, CA. The RAC is authorized Boisseau, RAC Desiganted Federal are placed in the record and are under the Secure Rural Schools and Officer, 2550 Riverside Drive, available for public inspection and Community Self-Determination Act (the Susanville, California 96130; by email to copying. The public may inspect Act) and operates in compliance with [email protected] or via facsimile to comments received at the National the Federal Advisory Committee Act. 530–252–6463. Forests of Alabama’s Supervisor’s The purpose of the RAC is to improve Meeting Accommodations: If you are Office. Please call ahead to facilitate collaborative relationships and to a person requiring reasonable entry into the building. provide advice and recommendations to accommodation, please make requests FOR FURTHER INFORMATION CONTACT: Lisa the Forest Service concerning projects in advance for sign language Kamnikar, RAC Coordinator, by phone interpreting, assistive listening devices, and funding consistent with the Act. at 334–832–4470 ext. 114 or via email or other reasonable accommodation. For RAC information can be found at the at [email protected]; or Tammy access to the facility or proceedings, following Web site: https:// Freeman Brown, Designated Federal please contact the person listed in the www.fs.usda.gov/main/lassen/ Officer, by phone 334–832–4470 ext. section titled FOR FURTHER INFORMATION workingtogether/advisorycommittees. 144 or via email at tfreemanbrown@ CONTACT. All reasonable DATES: The meeting will be held on fs.fed.us. September 7, 2017, from 9:00 a.m. to accommodation requests are managed 4:00 p.m. on a case by case basis. Individuals who use All RAC meetings are subject to Dated: June 12, 2017. telecommunication devices for the deaf cancellation. For status of meeting prior Glenn Casamassa, (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to attendance, please contact the person Associate Deputy Chief, National Forest listed under FOR FURTHER INFORMATION System. between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday CONTACT. [FR Doc. 2017–14137 Filed 7–5–17; 8:45 am] through Friday. ADDRESSES: The meeting will be held as BILLING CODE 3411–15–P the Lassen National Forest (NF) SUPPLEMENTARY INFORMATION: The Supervisor’s Office, Caribour purpose of the meeting is to review and Conference Room, 2550 Riverside Drive, DEPARTMENT OF AGRICULTURE recommend project proposals. Susanville, California. The meeting is open to the public. Written comments may be submitted Forest Service The agenda will include time for people as described under SUPPLEMENTARY Alabama Resource Advisory to make oral statements of three minutes INFORMATION. All comments, including Committee or less. Individuals wishing to make an names and addresses when provided, oral statement should request in writing are placed in the record and are AGENCY: Forest Service, USDA. by close-of business, July 21, 2017, to be available for public inspection and ACTION: Notice of meeting. scheduled on the agenda. Anyone who copying. The public may inspect would like to bring related matters to comments received at The Lassen NF SUMMARY: The Alabama Resource Supervisor’s Office. Please call ahead to Advisory Committee (RAC) will meet in the attention of the RAC may file facilitate entry into the building. Montgomery, Alabama. The RAC is written statements with the RAC staff before or after the meeting. Written FOR FURTHER INFORMATION CONTACT: authorized under the Secure Rural comments and requests for time to make Matthew Boisseau, RAC Designated Schools and Community Self- oral comments must be sent to Lisa Federal Officer, by phone at 530–768– Determination Act (the Act) and Kamnikar, Alabama RAC Coordinator, 4109 or via email at mboisseau@ operates in compliance with the Federal 2946 Chestnut Street, Montgomery, fs.fed.us. Advisory Committee Act. The purpose Individuals who use of the RAC is to improve collaborative Alabama 36107.; by email to telecommunication devices for the deaf relationships and to provide advice and [email protected], or via facsimile to (TDD) may call the Federal Information recommendations to the Forest Service 334–241–8111. Relay Service (FIRS) at 1–800–877–8339 concerning projects and funding Meeting Accommodations: If you are between 8:00 a.m. and 8:00 p.m., consistent with the Act. a person requiring reasonable Eastern Standard Time, Monday DATES: The meeting will be held on July accommodation, please make requests through Friday. 31, 2017, from 8:30 a.m. to 4:30 p.m. in advance for sign language SUPPLEMENTARY INFORMATION: The All RAC meetings are subject to interpreting, assistive listening devices, purpose of the meeting is to review and cancellation. For status of meeting prior or other reasonable accommodation. For recommend project proposals; details at to attendance, please contact the person access to the facility or proceedings, the following Web site: https:// listed under FOR FURTHER INFORMATION please contact the person listed in the www.fs.usda.gov/main/lassen/ CONTACT. section titled FOR FURTHER INFORMATION workingtogether/advisorycommittees. ADDRESSES: The meeting will be held at CONTACT. All reasonable The meeting is open to the public. the National Forest of Alabama’s accommodation requests are managed The agenda will include time for people Supervisor’s Office, Downstairs on a case by case basis.
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Dated: June 12, 2017. Southern Regional Office at the above initiate over wireless lines, and the Glenn Casamassa, email or street address. Commission will not refund any Assoctiate Deputy Chief, National Forest AGENDA incurred charges. Callers will incur no System. charge for calls they initiate over land- [FR Doc. 2017–14131 Filed 7–5–17; 8:45 am] 9:30 a.m. Introductions line connections to the toll-free 9:45–10:55 a.m. Panel 1 Law BILLING CODE 3411–15–P telephone number herein. Enforcement Officials 11:00–12:05 a.m. Panel 2 Legislative Persons with hearing impairments panel may also follow the discussion by first COMMISSION ON CIVIL RIGHTS 12:10–1:15 p.m. Panel 3 National/State calling the Federal Relay Service at 1– Organizations 888–364–3109 and providing the Notice of Public Meeting of the 1:15 p.m.–2:00 p.m. Lunch Break operator with the toll-free conference Tennessee Advisory Committee 2:00–3:05 p.m. Panel 4 Tennessee call number: 1–888–737–3705 and Practitioners and Academics conference call ID: 5272563. AGENCY: U.S. Commission on Civil 3:10–4:05 p.m. Panel 5 Advocacy Rights. Members of the public are invited to Organizations submit written comments; the ACTION: Notice of meeting. 4:10–4:30 p.m. Public Comment and comments must be received in the Community Testimonials SUMMARY: Notice is hereby given, regional office approximately 30 days 4:30 p.m. Adjourn pursuant to the provisions of the rules after each scheduled meeting. Written and regulations of the U.S. Commission Dated: June 29, 2017. comments may be mailed to the Eastern on Civil Rights (Commission) and the David Mussatt, Regional Office, U.S. Commission on Federal Advisory Committee Act that Supervisory Chief, Regional Programs Unit. Civil Rights, 1331 Pennsylvania the Tennessee Advisory Committee will [FR Doc. 2017–14093 Filed 7–5–17; 8:45 am] Avenue, Suite 1150, Washington, DC hold a meeting on Monday, July 24, BILLING CODE P 20425, or emailed to Evelyn Bohor at 2017, for hearing testimony regarding [email protected]. Persons who desire the issue of Civil Asset Forfeiture in additional information may contact the Tennessee. COMMISSION ON CIVIL RIGHTS Eastern Regional Office at (202) 376– DATES: The meeting will be held on Agenda and Notice of Public Meeting 7533. Monday, July 24, 2017 09:30 a.m. of the Delaware Advisory Committee Records and documents discussed ADDRESSES: Nashville Public Library during the meeting will be available for AGENCY: (NPL), 615 Church Street, Nashville, Commission on Civil Rights. public viewing as they become available Tennessee 37219. ACTION: Announcement of meeting. at http://facadatabase.gov/committee/ FOR ADDITIONAL INFORMATION CONTACT: SUMMARY: Notice is hereby given, meetings.aspx?cid=240; click the Jeff Hinton, DFO, at [email protected] pursuant to the provisions of the rules ‘‘Meeting Details’’ and ‘‘Documents’’ or (404) 562–7006 and regulations of the U.S. Commission links. Records generated from this SUPPLEMENTARY INFORMATION: This on Civil Rights (Commission), and the meeting may also be inspected and meeting is open to the public, and will Federal Advisory Committee Act reproduced at the Eastern Regional take place at the Nashville Public (FACA), that a planning meeting of the Office, as they become available, both Library (NPL), 615 Church Street, Delaware Advisory Committee to the before and after the meetings. Persons Nashville, Tennessee 37219. In Commission will convene by conference interested in the work of this advisory addition, members of the public may call, on Monday, July 17 at 10:00 a.m. committee are advised to go to the submit written comments; the (EDT). The purpose of the meeting is to Commission’s Web site, www.usccr.gov, comments must be received in the make preparations for a briefing meeting or to contact the Eastern Regional Office regional office within 30 days following on Policing and Implicit Bias in at the above phone number, email or the meeting. Written comments may be Delaware. street address. mailed to the Southern Regional Office, U.S. Commission on Civil Rights, 61 DATES: Monday, July 17, 2017, at 10:00 Agenda Forsyth St., Suite 16T126, Atlanta, a.m. (EDT). Georgia 30303. They may also be faxed Public Call-In Information: I. Welcome and Introductions to the Commission at (404) 562–7005, or Conference call number: 1–888–737– Rollcall 3705 and conference call ID: 5272563. emailed to Jeff Hinton at jhinton@ II. Planning Meeting—Discuss project FOR FURTHER INFORMATION CONTACT: Ivy usccr.gov. Persons who desire planning additional information may contact the L. Davis, at [email protected] or by phone USCCR, Southern Regional Office at at 202–376–7533. III. Other Business (404) 562–7000. SUPPLEMENTARY INFORMATION: Interested IV. Open Comment Records generated from this meeting members of the public may listen to the V. Adjournment may be inspected and reproduced at the discussion by calling the following toll- Southern Regional Office, as they free conference call number:1–888–737– Dated: June 29, 2017. become available, both before and after 3705 and conference call ID: 5272563. David Mussatt, the meeting. Records of the meeting will Please be advised that before placing Supervisory Chief, Regional Programs Unit. be available via www.facadatabase.gov them into the conference call, the [FR Doc. 2017–14092 Filed 7–5–17; 8:45 am] under the Commission on Civil Rights, conference call operator may ask callers BILLING CODE P Tennessee Advisory Committee link. to provide their names, their Persons interested in the work of this organizational affiliations (if any), and Committee are directed to the email addresses (so that callers may be Commission’s Web site, http:// notified of future meetings). Callers can www.usccr.gov, or may contact the expect to incur charges for calls they
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DEPARTMENT OF COMMERCE include proposed Site 3: 3201 North Administration, U.S. Department of Airport Way, Manteca (24.75 acres). No Commerce, 1401 Constitution Avenue Foreign-Trade Zones Board authorization for production activity has NW., Washington, DC 20230; telephone: been requested at this time. The (202) 482–2316. [S–48–2017] proposed expanded subzone would be SUPPLEMENTARY INFORMATION: subject to the existing activation limit of Approval of Subzone Status; Premier Background Logistics, LLC; Tulsa, Oklahoma FTZ 231. In accordance with the FTZ Board’s On December 1, 2016, the Department On March 24, 2017, the Executive regulations, Christopher Kemp of the of Commerce (Department) published in Secretary of the Foreign-Trade Zones FTZ Staff is designated examiner to the Federal Register a notice of (FTZ) Board docketed an application review the application and make opportunity to request an administrative submitted by the City of Tulsa-Rogers recommendations to the Executive review of the antidumping duty order County Port Authority, grantee of FTZ Secretary. on welded ASTM A–312 stainless steel 53, requesting subzone status subject to Public comment is invited from pipe from Korea for the period of review the existing activation limit of FTZ 53, interested parties. Submissions shall be (POR) of December 1, 2015, through on behalf of Premier Logistics, LLC, in addressed to the FTZ Board’s Executive November 30, 2016.1 On January 3, Tulsa, Oklahoma. Secretary at the address below. The 2017, the Department received a timely The application was processed in closing period for their receipt is August filed request from the SeAH Steel accordance with the FTZ Act and 15, 2017. Rebuttal comments in Corporation (SeAH), in accordance with Regulations, including notice in the response to material submitted during section 751(a) of the Tariff Act of 1930, Federal Register inviting public the foregoing period may be submitted as amended (the Act), and 19 CFR comment (82 FR 15687, March 30, during the subsequent 15-day period to 351.213(b), for an administrative review 2017). The FTZ staff examiner reviewed August 30, 2017. of itself.2 On February 13, 2017, the application and determined that it A copy of the application will be pursuant to the request and in meets the criteria for approval. available for public inspection at the accordance with 19 CFR Pursuant to the authority delegated to Office of the Executive Secretary, 351.221(c)(1)(i), the Department the FTZ Board’s Executive Secretary (15 Foreign-Trade Zones Board, Room published in the Federal Register a CFR Sec. 400.36(f)), the application to 21013, U.S. Department of Commerce, notice of initiation of an administrative establish Subzone 53C was approved on 1401 Constitution Avenue NW., review of SeAH.3 Also on February 13, June 16, 2017, subject to the FTZ Act Washington, DC 20230–0002, and in the 2017, pursuant to 19 CFR 351.213(d)(1), and the Board’s regulations, including ‘‘Reading Room’’ section of the FTZ SeAH timely withdrew its request for an Section 400.13, and further subject to Board’s Web site, which is accessible administrative review.4 FTZ 53’s 2,000-acre activation limit. via www.trade.gov/ftz. Rescission of Review Dated: June 29, 2017. For further information, contact Christopher Kemp at christopher.kemp@ Pursuant to 19 CFR 351.213(d)(1), the Elizabeth Whiteman, trade.gov or (202) 482–0862. Department will rescind an Acting Executive Secretary. administrative review, in whole or in Dated: June 29, 2017. [FR Doc. 2017–14175 Filed 7–5–17; 8:45 am] part, if the party, or parties, that Elizabeth Whiteman, BILLING CODE 3510–DS–P requested a review withdraw the Acting Executive Secretary. request/s within 90 days of the [FR Doc. 2017–14176 Filed 7–5–17; 8:45 am] publication date of the notice of DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P initiation of the requested review. As noted above, SeAH withdrew its request Foreign-Trade Zones Board for review by the 90-day deadline, and DEPARTMENT OF COMMERCE [S–102–2017] no other party requested an administrative review of this order. International Trade Administration Foreign-Trade Zone 231—Stockton, Therefore, in response to the timely California; Application for Subzone [A–580–810] withdrawal of the request for review Expansion; 5.11, Inc.; Modesto and and, in accordance with 19 CFR Lathrop, California Welded ASTM A–312 Stainless Steel 351.213(d)(1), the Department is Pipe From the Republic of Korea: rescinding this review. An application has been submitted to Rescission of Antidumping Duty Assessment the Foreign-Trade Zones (FTZ) Board by Administrative Review; 2015–2016 the Port of Stockton, grantee of FTZ 231, The Department will instruct U.S. requesting expanded subzone status for AGENCY: Enforcement and Compliance, Customs and Border Protection (CBP) to the facilities of 5.11, Inc., located in International Trade Administration, assess antidumping duties on all Modesto and Lathrop, California. The Department of Commerce. appropriate entries. Antidumping duties application was submitted pursuant to SUMMARY: The Department of Commerce shall be assessed at rates equal to the the provisions of the Foreign-Trade is rescinding the administrative review cash deposit of estimated antidumping Zones Act, as amended (19 U.S.C. 81a– of the antidumping duty order on 81u), and the regulations of the FTZ welded ASTM A–312 stainless steel 1 See Antidumping or Countervailing Duty Order, Board (15 CFR part 400). It was formally pipe from the Republic of Korea (Korea). Finding, or Suspended Investigation; Opportunity The period of review is December 1, To Request Administrative Review, 81 FR 86694 docketed on June 29, 2017. (December 1, 2016). Subzone 231B consists of the 2015, through November 30, 2016. 2 See SeAH Letter re: Request for Administrative following sites: Site 1 (5.22 acres) 4300 DATES: Effective July 6, 2017. Review, dated January 3, 2017. Spyres Way, Modesto; and, Site 2 (5 FOR FURTHER INFORMATION CONTACT: 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR acres) 17610 Shideler Parkway, Lathrop. Lingjun Wang, AD/CVD Operations, 10457 (February 13, 2017). The applicant is now requesting Office VII, Enforcement and 4 See SeAH Letter re: Withdrawal of Review authority to expand the subzone to Compliance, International Trade Request, dated February 13, 2017.
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duties required at the time of entry, or FOR FURTHER INFORMATION CONTACT: comments five days after the deadline withdrawal from warehouse, for Brenda E. Waters, Office of AD/CVD for the initial comments. consumption, in accordance with 19 Operations, Customs Liaison Unit, In the event the Department decides CFR 351.212(c)(1)(i). The Department Enforcement and Compliance, it is necessary to limit individual intends to issue appropriate assessment International Trade Administration, examination of respondents and instructions to CBP 15 days after the U.S. Department of Commerce, 1401 conduct respondent selection under publication date of this notice in the Constitution Avenue NW., Washington, section 777A(c)(2) of the Act: Federal Register. DC 20230, telephone: (202) 482–4735. In general, the Department has found SUPPLEMENTARY INFORMATION: that determinations concerning whether Notification to Importers particular companies should be This notice serves as a final reminder Background ‘‘collapsed’’ (i.e., treated as a single to importers of their responsibility, The Department has received timely entity for purposes of calculating under 19 CFR 351.402(f)(2), to file a requests, in accordance with 19 CFR antidumping duty rates) require a certificate regarding the reimbursement 351.213(b), for administrative reviews of substantial amount of detailed of antidumping duties prior to various antidumping and countervailing information and analysis, which often liquidation of the relevant entries duty orders and findings with May require follow-up questions and during this review period. Failure to anniversary dates. analysis. Accordingly, the Department comply with this requirement may All deadlines for the submission of will not conduct collapsing analyses at result in the presumption that various types of information, the respondent selection phase of this reimbursement of antidumping duties certifications, or comments or actions by review and will not collapse companies occurred and the subsequent assessment the Department discussed below refer to at the respondent selection phase unless there has been a determination to of double antidumping duties. the number of calendar days from the collapse certain companies in a applicable starting time. Notification Regarding Administrative previous segment of this antidumping Protective Orders Notice of No Sales proceeding (i.e., investigation, This notice serves as the only If a producer or exporter named in administrative review, new shipper reminder to parties subject to this notice of initiation had no exports, review or changed circumstances administrative protective order (APO) of sales, or entries during the period of review). For any company subject to this their responsibility concerning the review (POR), it must notify the review, if the Department determined, disposition of proprietary information Department within 30 days of or continued to treat, that company as disclosed under APO in accordance publication of this notice in the Federal collapsed with others, the Department will assume that such companies with 19 CFR 351.305(a)(3). Timely Register. All submissions must be filed continue to operate in the same manner written notification of the return or electronically at http://access.trade.gov and will collapse them for respondent destruction of APO materials or in accordance with 19 CFR 351.303.1 selection purposes. Otherwise, the conversion to judicial protective order is Such submissions are subject to Department will not collapse companies hereby requested. Failure to comply verification in accordance with section for purposes of respondent selection. with the regulations and the terms of an 782(i) of the Tariff Act of 1930, as Parties are requested to (a) identify APO is a sanctionable violation. amended (the Act). Further, in which companies subject to review This notice is published in accordance with 19 CFR 351.303(f)(1)(i), previously were collapsed, and (b) accordance with section 777(i)(1) of the a copy must be served on every party on Act, and 19 CFR 351.213(d)(4). provide a citation to the proceeding in the Department’s service list. which they were collapsed. Further, if Dated: June 29, 2017. Respondent Selection companies are requested to complete Gary Taverman, the Quantity and Value (Q&V) In the event the Department limits the Deputy Assistant Secretary for Antidumping Questionnaire for purposes of number of respondents for individual and Countervailing Duty Operations. respondent selection, in general each examination for administrative reviews [FR Doc. 2017–14173 Filed 7–5–17; 8:45 am] company must report volume and value initiated pursuant to requests made for BILLING CODE 3510–DS–P data separately for itself. Parties should the orders identified below, the not include data for any other party, Department intends to select even if they believe they should be respondents based on U.S. Customs and DEPARTMENT OF COMMERCE treated as a single entity with that other Border Protection (CBP) data for U.S. party. If a company was collapsed with International Trade Administration imports during the period of review. We another company or companies in the intend to place the CBP data on the most recently completed segment of this Initiation of Antidumping and record within five days of publication of proceeding where the Department Countervailing Duty Administrative the initiation notice and to make our considered collapsing that entity, Reviews decision regarding respondent selection complete Q&V data for that collapsed within 30 days of publication of the AGENCY: Enforcement and Compliance, entity must be submitted. International Trade Administration, initiation Federal Register notice. Department of Commerce. Comments regarding the CBP data and Respondent Selection—Aluminum SUMMARY: The Department of Commerce respondent selection should be Extrusions From the People’s Republic (the Department) has received requests submitted seven days after the of China to conduct administrative reviews of placement of the CBP data on the record In the event the Department limits the various antidumping and countervailing of this review. Parties wishing to submit number of respondents for individual duty orders and findings with May rebuttal comments should submit those examination in the administrative anniversary dates. In accordance with review of the antidumping duty order the Department’s regulations, we are 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; on aluminum extrusions from the initiating those administrative reviews. Administrative Protective Order Procedures, 76 FR People’s Republic of China (‘‘PRC’’), the DATES: Effective July 6, 2017. 39263 (July 6, 2011). Department intends to select
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respondents based on volume data requestor demonstrates that an who purchase and export subject contained in responses to Q&V extraordinary circumstance has merchandise to the United States. questionnaires. Further, the Department prevented it from submitting a timely Entities that currently do not have a intends to limit the number of Q&V withdrawal request. Determinations by separate rate from a completed segment questionnaires issued in the review the Department to extend the 90-day of the proceeding 2 should timely file a based on CBP data for U.S. imports of deadline will be made on a case-by-case Separate Rate Application to aluminum extrusions from the PRC. The basis. demonstrate eligibility for a separate extremely wide variety of individual rate in this proceeding. In addition, Separate Rates types of aluminum extrusion products companies that received a separate rate included in the scope of the order on In proceedings involving non-market in a completed segment of the aluminum extrusions would preclude economy (NME) countries, the proceeding that have subsequently meaningful results in attempting to Department begins with a rebuttable made changes, including, but not determine the largest PRC exporters of presumption that all companies within limited to, changes to corporate subject merchandise by volume. the country are subject to government structure, acquisitions of new Therefore, the Department will limit the control and, thus, should be assigned a companies or facilities, or changes to number of Q&V questionnaires issued single antidumping duty deposit rate. It their official company name,3 should based on the import values in CBP data is the Department’s policy to assign all timely file a Separate Rate Application which will serve as a proxy for imported exporters of merchandise subject to an to demonstrate eligibility for a separate quantities. Parties subject to the review administrative review in an NME rate in this proceeding. The Separate to which the Department does not send country this single rate unless an Rate Status Application will be a Q&V questionnaire may file a response exporter can demonstrate that it is available on the Department’s Web site to the Q&V questionnaire by the sufficiently independent so as to be at http://enforcement.trade.gov/nme/ applicable deadline if they desire to be entitled to a separate rate. nme-sep-rate.html on the date of included in the pool of companies from To establish whether a firm is publication of this Federal Register which the Department will select sufficiently independent from notice. In responding to the Separate mandatory respondents. The Q&V government control of its export Rate Status Application, refer to the questionnaire will be available on the activities to be entitled to a separate instructions contained in the Department’s Web site at http:// rate, the Department analyzes each application. Separate Rate Status trade.gov/enforcement/news.asp on the entity exporting the subject Applications are due to the Department date of publication of this notice in the merchandise. In accordance with the no later than 30 calendar days of Federal Register. The responses to the separate rates criteria, the Department publication of this Federal Register Q&V questionnaire must be received by assigns separate rates to companies in notice. The deadline and requirement the Department within 14 days of NME cases only if respondents can for submitting a Separate Rate Status publication of this notice. Please be demonstrate the absence of both de jure Application applies equally to NME- advised that due to the time constraints and de facto government control over owned firms, wholly foreign-owned imposed by the statutory and regulatory export activities. firms, and foreign sellers that purchase deadlines for antidumping duty and export subject merchandise to the administrative reviews, the Department All firms listed below that wish to qualify for separate rate status in the United States. does not intend to grant any extensions For exporters and producers who for the submission of responses to the administrative reviews involving NME countries must complete, as submit a separate-rate status application Q&V questionnaire. Parties will be given or certification and subsequently are the opportunity to comment on the CBP appropriate, either a separate rate application or certification, as described selected as mandatory respondents, data used by the Department to limit the these exporters and producers will no number of Q&V questionnaires issued. below. For these administrative reviews, in order to demonstrate separate rate longer be eligible for separate rate status We intend to release the CBP data under unless they respond to all parts of the APO to all parties having an APO eligibility, the Department requires entities for whom a review was questionnaire as mandatory within seven days of publication of this respondents. notice in the Federal Register. The requested, that were assigned a separate Department invites comments regarding rate in the most recent segment of this Initiation of Reviews CBP data and respondent selection proceeding in which they participated, to certify that they continue to meet the In accordance with 19 CFR within five days of placement of the 351.221(c)(1)(i), we are initiating CBP data on the record. criteria for obtaining a separate rate. The Separate Rate Certification form will be administrative reviews of the following Deadline for Withdrawal of Request for available on the Department’s Web site antidumping and countervailing duty Administrative Review at http://enforcement.trade.gov/nme/ orders and findings. We intend to issue the final results of these reviews not Pursuant to 19 CFR 351.213(d)(1), a nme-sep-rate.html on the date of later than May 31, 2018. party that has requested a review may publication of this Federal Register withdraw that request within 90 days of notice. In responding to the 2 Such entities include entities that have not the date of publication of the notice of certification, please follow the participated in the proceeding, entities that were initiation of the requested review. The ‘‘Instructions for Filing the preliminarily granted a separate rate in any regulation provides that the Department Certification’’ in the Separate Rate currently incomplete segment of the proceeding may extend this time if it is reasonable Certification. Separate Rate (e.g., an ongoing administrative review, new shipper review, etc.) and entities that lost their to do so. In order to provide parties Certifications are due to the Department separate rate in the most recently completed additional certainty with respect to no later than 30 calendar days after segment of the proceeding in which they when the Department will exercise its publication of this Federal Register participated. discretion to extend this 90-day notice. The deadline and requirement 3 Only changes to the official company name, rather than trade names, need to be addressed via deadline, interested parties are advised for submitting a Certification applies a Separate Rate Application. Information regarding that the Department does not intend to equally to NME-owned firms, wholly new trade names may be submitted via a Separate extend the 90-day deadline unless the foreign-owned firms, and foreign sellers Rate Certification.
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Antidumping Duty Proceedings CANADA: Citric Acid and Certain Citrate Salts, A–122–853 ...... 5/1/16–4/30/17 Jungbunzlauer Canada Inc. Polyethylene Terephthalate Resin, A–122–855 ...... 10/15/15–4/30/17 Compagnie Selenis Canada. INDIA: Polyethylene Terephthalate Resin, A–533–861 ...... 10/15/15–4/30/17 Ester Industries Ltd. JAPAN: Diffusion-Annealed Nickel-Plated Flat-Rolled Steel, A–588–869 ...... 5/1/16–4/30/17 Nippon Steel & Sumitomo Metals Corporation. Toyo Kohan Co., Ltd. REPUBLIC OF KOREA: Polyester Staple Fiber, A–580–839 ...... 5/1/16–4/30/17 Huvis Corporation. Toray Chemical Korea, Inc. TAIWAN: Certain Circular Welded Carbon Steel Pipes and Tubes, A–583–008 ...... 5/1/16–4/30/17 Shin Yang Steel Co., Ltd. Yieh Hsing Enterprise Co., Ltd. Certain Stilbenic Optical Brigtening Agents, A–583–848 ...... 5/1/16–4/30/17 Teh Fong Min International Co, Ltd. TFM North America, Inc. THE PEOPLE’S REPUBLIC OF CHINA: Aluminum Extrusions, A–570–967 ...... 5/1/16–4/30/17 Acro Import and Export Co. Activa International Inc. Activa Leisure Inc. Allied Maker Limited. Alnan Aluminium Ltd. Alnan Aluminum Co., Ltd. Aluminicaste Fundicion de Mexico. AMC Limited. AMC Ltd. Anji Chang Hong Chain Manufacturing. Aoda Aluminium (Hong Kong) Co., Limited. Atlas Integrated Manufacturing Ltd. Belton (Asia) Development Limited. Belton (Asia) Development Ltd. Birchwoods (Lin’an) Leisure Products Co., Ltd. Bolnar Hong Kong Ltd. Bracalente Metal Products (Suzhou) Co., Ltd. Changshu Changshen Aluminum Products Co., Ltd. Changshu Changsheng Aluminium Products Co., Ltd. Changzhou Changzhen Evaporator Co., Ltd. Changzhou Changzheng Evaporator Co., Ltd. Changzhou Tenglong Auto Accessories Manufacturing Co. Ltd. Changzhou Tenglong Auto Parts Co Ltd. Changzhou Tenglong Auto Parts Co., Ltd. China Square. China Square Industrial Co. China Square Industrial Ltd. China Zhongwang Holdings, Ltd. Chiping One Stop Industrial & Trade Co., Ltd. Classic & Contemporary Inc. Clear Sky Inc. Cosco (J.M.) Aluminium Co., Ltd. Dalian Huacheng Aquatic Products. Dalian Liwang Trade Co., Ltd. Danfoss Micro Channel Heat Exchanger (Jia Xing) Co., Ltd. Daya Hardware Co Ltd. Dongguan Aoda Aluminum Co., Ltd. Dongguan Dazhan Metal Co., Ltd. Dongguan Golden Tiger Hardware Industrial Co., Ltd. Dragonluxe Limited. Dynabright Int’l Group (HK) Limited. Dynamic Technologies China Ltd. ETLA Technology (Wuxi) Co. Ltd. Ever Extend Ent. Ltd. Fenghua Metal Product Factory. First Union Property Limited. FookShing Metal & Plastic Co. Ltd. Foreign Trade Co. of Suzhou New & High-Tech Industrial Development Zone. Foshan City Nanhai Hongjia Aluminum Alloy Co., Ltd. Foshan Golden Source Aluminum Products Co., Ltd.
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Period to be reviewed
Foshan Guangcheng Aluminium Co., Ltd. Foshan Jinlan Aluminum Co. Ltd. Foshan JinLan Aluminum Co., Ltd. Foshan JMA Aluminum Company Limited. Foshan Sanshui Fenglu Aluminium Co., Ltd. Foshan Shunde Aoneng Electrical Appliances Co., Ltd. Foshan Yong Li Jian Aluminum Co., Ltd. Fujian Sanchuan Aluminum Co., Ltd. Fuzhou Sunmodo New Energy Equipment. Genimex Shanghai, Ltd. Global Hi-Tek Precision Co. Ltd. Global PMX Dongguan Co., Ltd. Global Point Technology (Far East) Limited. Gold Mountain International Development, Ltd. Golden Dragon Precise Copper Tube Group, Inc. Gran Cabrio Capital Pte. Ltd. Gree Electric Appliances. GT88 Capital Pte. Ltd. Guang Ya Aluminium Industries Co., Ltd. Guang Ya Aluminum Industries Company Ltd. Guang Ya Aluminium Industries (Hong Kong) Ltd. Guangcheng Aluminum Co., Ltd. Guangdong Hao Mei Aluminium Co., Ltd. Guangdong Jianmei Aluminum Profile Company Limited. Guangdong JMA Aluminum Profile Factory (Group) Co., Ltd. Guangdong Midea. Guangdong Nanhai Foodstuffs Imp. & Exp. Co., Ltd. Guangdong Weiye Aluminum Factory Co., Ltd. Guangdong Whirlpool Electrical Appliances Co., Ltd. Guangdong Xingfa Aluminium Co., Ltd. Guangdong Xin Wei Aluminum Products Co., Ltd. Guangdong Yonglijian Aluminum Co., Ltd. Guangdong Zhongya Aluminium Company Limited. Guangzhou Jangho Curtain Wall System Engineering Co., Ltd. Guangzhou Mingcan Die-Casting Hardware Products Co., Ltd. Hangzhou Xingyi Metal Products Co., Ltd. Hanwood Enterprises Limited. Hanyung Alcoba Co., Ltd. Hanyung Alcobis Co., Ltd. Hanyung Metal (Suzhou) Co., Ltd. Hao Mei Aluminum Co., Ltd. Hao Mei Aluminum International Co., Ltd. Hebei Xusen Wire Mesh Products Co., Ltd. Henan New Kelong Electrical Appliances Co., Ltd. Hong Kong Gree Electric Appliances Sales Limited. Hong Kong Modern Non-Ferrous Metal. Honsense Development Company. Hui Mei Gao Aluminum Foshan Co., Ltd. Huixin Aluminum. IDEX Dinglee Technology (Tianjin) Co., Ltd. IDEX Technology Suzhou Co., Ltd. IDEX Health. Innovative Aluminium (Hong Kong) Limited. iSource Asia. Jackson Travel Products Co., Ltd. Jangho Curtain Wall Hong Kong Ltd. Jiangmen Jianghai District Foreign Economic Enterprise Corp. Ltd. Jiangmen Jianghai Foreign Ent. Gen. Jiangmen Qunxing Hardware Diecasting Co., Ltd. Jiangsu Changfa Refrigeration Co., Ltd. Jiangyin Suncitygaylin. Jiangyin Trust International Inc. Jiangyin Xinhong Doors and Windows Co., Ltd. Jiaxing Jackson Travel Products Co., Ltd. Jiaxing Taixin Metal Products Co., Ltd. Jiuyan Co., Ltd. JMA (HK) Company Limited. Johnson Precision Engineering (Suzhou) Co., Ltd. Justhere Co., Ltd. Kam Kiu Aluminium Products Sdn. Bhd. Kanal Precision Aluminum Product Co., Ltd. Karlton Aluminum Company Ltd. Kong Ah International Company Limited.
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Period to be reviewed
Kromet International. Kromet International, Inc. Kromet Intl Inc. Kunshan Giant Light Metal Technology Co., Ltd. Liaoning Zhongwang Group Co., Ltd. Liaoyang Zhongwang Aluminum Profile Co. Ltd. Longkou Donghai Trade Co., Ltd. Metaltek Group Co., Ltd. Metaltek Metal Industry Co., Ltd. Midea Air Conditioning Equipment Co., Ltd. Midea International Trading Co., Ltd. Midea International Training Co., Ltd. Miland Luck Limited. Nanhai Textiles Import & Export Co., Ltd. New Asia Aluminum & Stainless Steel Product Co., Ltd. New Zhongya Aluminum Factory. Nidec Sankyo (Zhejang) Corporation. Nidec Sankyo Zhejiang Corporation. Nidec Sankyo Singapore Pte. Ltd. Ningbo Coaster International Co., Ltd. Ningbo Hi Tech Reliable Manufacturing Company. Ningbo Innopower Tengda Machinery. Ningbo Ivy Daily Commodity Co., Ltd. Ningbo Yili Import and Export Co., Ltd. North China Aluminum Co., Ltd. North Fenghua Aluminum Ltd. Northern States Metals. PanAsia Aluminium (China) Limited. Pengcheng Aluminum Enterprise Inc. Permasteelisa Hong Kong Limited. Permasteelisa South China Factory. Pingguo Aluminum Company Limited. Pingguo Asia Aluminum Co., Ltd. Popular Plastics Co., Ltd. Precision Metal Works Limited. Press Metal International Ltd. Samuel, Son & Co., Ltd. Sanchuan Aluminum Co., Ltd. Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. Shangdong Huasheng Pesticide Machinery Co. Shangdong Nanshan Aluminum Co., Ltd. Shanghai Automobile Air-Conditioner Accessories Co Ltd. Shanghai Automobile Air Conditioner Accessories Ltd. Shanghai Canghai Aluminum Tube Packaging Co., Ltd. Shanghai Dongsheng Metal. Shanghai Shen Hang Imp & Exp Co., Ltd. Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co., Ltd. Shenyang Yuanda Aluminum Industry Engineering Co. Ltd. Shenzhen Hudson Technology Development Co. Shenzhen Jiuyuan Co., Ltd. Sihui Shi Guo Yao Aluminum Co., Ltd. Sincere Profit Limited. Skyline Exhibit Systems (Shanghai) Co., Ltd. Southwest Aluminum (Group) Co., Ltd. Summit Heat Sinks Metal Co, Ltd. Suzhou JRP Import & Export Co., Ltd. Suzhou New Hongji Precision Part Co. Tai-Ao Aluminium (Taishan) Co., Ltd. Taishan City Kam Kiu Aluminium Extrusion Co., Ltd. Taizhou Lifeng Manufacturing Co., Ltd. Taizhou Lifeng Manufacturing Corporation, Ltd. Taizhou United Imp. & Exp. Co., Ltd. tenKsolar (Shanghai) Co., Ltd. Tianjin Ganglv Nonferrous Metal Materials Co., Ltd. Tianjin Jinmao Import & Export Corp., Ltd. Tianjin Ruixin Electric Heat Transmission Technology, Ltd. Tianjin Xiandai Plastic & Aluminum Products Co., Ltd. Tiazhou Lifeng Manufacturing Corporation. Top-Wok Metal Co., Ltd. Traffic Brick Network, LLC. Union Aluminum (SIP) Co. Union Industry (Asia) Co., Ltd. USA Worldwide Door Components (PINGHU) Co., Ltd.
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Period to be reviewed
Wenzhou Shengbo Decoration & Hardware. Whirlpool (Guangdong). Whirlpool Canada L.P. Whirlpool Microwave Products Development Ltd. WTI Building Products, Ltd. Xin Wei Aluminum Co. Xin Wei Aluminum Co. Ltd. Xin Wei Aluminum Company Limited. Xinya Aluminum & Stainless Steel Product Co., Ltd. Yuyao Fanshun Import & Export Co., Ltd. Yuyao Haoshen Import & Export. Zahoqing China Square Industry Limited. Zhaoqing Asia Aluminum Factory Company Ltd. Zhaoqing China Square Industrial Ltd. Zhaoqing China Square Industry Limited. Zhaoqing New Zhongya Aluminum Co., Ltd. Zhejiang Anji Xinxiang Aluminum Co., Ltd. Zhejiang Yongkang Listar Aluminium Industry Co., Ltd. Zhejiang Zhengte Group Co., Ltd. Zhenjiang Xinlong Group Co., Ltd. Zhongshan Daya Hardware Co., Ltd. Zhongshan Gold Mountain Aluminum Factory Ltd. Zhongya Shaped Aluminium (HK) Holding Limited. Zhuhai Runxingtai Electrical Equipment Co., Ltd. Pure Magnesium, A–570–832 ...... 5/1/16–4/30/17 Tianjin Magnesium International Co., Ltd. Tianjin Magnesium Metal Co., Ltd. THE SULTANATE OF OMAN: Polyethylene Terephthalate Resin, A–523–810 ...... 10/15/15–4/30/17 OCTAL SAOC FZC. TURKEY: Circular Welded Carbon Steel Pipes and Tubes, A–489–501 ...... 5/1/16–4/30/17 Borusan Mannesmann Boru Sanayi ve Ticaret A.S. Borusan Birlesik Boru Fabrikalari San ve Tic. Borusan Istikbal Ticaret T.A.S. Borusan Gemlik Boru Tesisleri A.S. Borusan Ihracat Ithalat ve Dagitim A.S. Borusan Ithicat ve Dagitim A.S. Tubeco Pipe and Steel Corporation. Erbosan Erciyas Boru Sanayi ve Ticaret A.S. Toscelik Profil ve Sac Endustrisi A.S. Toscelik Metal Ticaret A.S. Tosyali Dis Ticaret A.S. Yucel Boru ve Profil Endustrisi A.S. Yucelboru Ihracat Ithalat ve Pazarlama A.S. Cayirova Boru Sanayi ve Ticaret A.S. Light-Walled Rectangular Pipe and Tube A–489–815 ...... 5/1/16–4/30/17 Agir Haddecilik A.S. Cayirova Boru Sanayi ve Ticaret A.S. Cinar Boru Profil Sanayi ve Ticaret A.S. Noksel Celik Boru Sanayi A.S. Toscelik Metal Ticaret A.S. Toscelik Profil ve Sac Endustrisi A.S. Tosyali Dis Ticaret A.S. Yucel Boru ve Profil Endustrisi A.S. Yucelboru Ihracat Ithalat ve Pazarlama A.S. UNITED ARAB EMIRATES: Certain Steel Nails, A–520–804 ...... 5/1/16–4/30/17 Overseas Distrubution Services Inc. Countervailing Duty Proceedings INDIA: Polyethylene Terephthalate Resin, C–533–862 ...... 8/14/15–12/31/16 Ester Industries Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Aluminum Extrusions, C–570–968 ...... 1/1/16–12/31/16 Acro Import and Export Co. Activa International Inc. Activa Leisure Inc. Allied Maker Limited. Alnan Aluminium Ltd. Alnan Aluminum Co., Ltd. Aluminicaste Fundicion de Mexico. AMC Limited. AMC Ltd. Anji Chang Hong Chain Manufacturing. Aoda Aluminium (Hong Kong) Co., Limited.
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Period to be reviewed
Atlas Integrated Manufacturing Ltd. Belton (Asia) Development Limited. Belton (Asia) Development Ltd. Birchwoods (Lin’an) Leisure Products Co., Ltd. Bolnar Hong Kong Ltd. Bracalente Metal Products (Suzhou) Co., Ltd. Changshu Changshen Aluminum Products Co., Ltd. Changshu Changsheng Aluminum Products Co., Ltd. Changzhou Changzhen Evaporator Co., Ltd. Changzhou Changzheng Evaporator Co., Ltd. Changzhou Tenglong Auto Parts Co Ltd. Changzhou Tenglong Auto Parts Co., Ltd. Changzhou Tenglong Auto Accessories Manufacturing Co. Ltd. China Square. China Square Industrial Co. China Square Industrial Ltd. China Zhongwang Holdings, Ltd. Chiping One Stop Industrial & Trade Co., Ltd. Classic & Contemporary Inc. Clear Sky Inc. Cosco (J.M.) Aluminum Co., Ltd. Dalian Huacheng Aquatic Products. Dalian Liwang Trade Co., Ltd. Danfoss Micro Channel Heat Exchanger (Jia Xing) Co., Ltd. Daya Hardware Co Ltd. Dongguan Dazhan Metal Co., Ltd. Dongguang Aoda Aluminum Co., Ltd. Dongguan Golden Tiger Hardware Industrial Co., Ltd. Dragonluxe Limited. Dynabright International Group (HK) Ltd. Dynamic Technologies China. ETLA Technology (Wuxi) Co. Ltd. Ever Extend Ent. Ltd. Fenghua Metal Product Factory. First Union Property Limited. FookShing Metal & Plastic Co. Ltd. Foreign Trade Co. of Suzhou New & High-Tech Industrial Development Zone. Foshan City Nanhai Hongjia Aluminum Alloy Co., Ltd. Foshan Golden Source Aluminum Products Co., Ltd. Foshan Guangcheng Aluminium Co., Ltd. Foshan Jinlan Aluminum Co. Ltd. Foshan JinLan Aluminum Co., Ltd. Foshan JMA Aluminum Company Limited. Foshan Shanshui Fenglu Aluminum Co., Ltd. Foshan Shunde Aoneng Electrical Appliances Co., Ltd. Foshan Yong Li Jian Aluminum Co., Ltd. Fujian Sanchuan Aluminum Co., Ltd. Fuzhou Sunmodo New Energy Equipment. Genimex Shanghai, Ltd. Global Hi-Tek Precision Co. Ltd. Global PMX Dongguan Co., Ltd. Global Point Technology (Far East) Limited. Gold Mountain International Development, Ltd. Golden Dragon Precise Copper Tube Group, Inc. Gran Cabrio Capital Pte. Ltd. Gree Electric Appliances. GT88 Capital Pte. Ltd. Guang Ya Aluminium Industries Co. Ltd. Guang Ya Aluminium Industries (HK) Ltd. Guang Ya Aluminum Industries Company Ltd. Guangcheng Aluminum Co., Ltd. Guangdong Hao Mei Aluminum Co., Ltd. Guangdong Jianmei Aluminum Profile Company Limited. Guangdong JMA Aluminum Profile Factory (Group) Co., Ltd. Guangdong Midea. Guangdong Nanhai Foodstuffs Imp. & Exp. Co., Ltd. Guangdong Weiye Aluminum Factory Co., Ltd. Guangdong Whirlpool Electrical Appliances Co., Ltd. Guangdong Xingfa Aluminum Co., Ltd. Guangdong Xin Wei Aluminum Products Co., Ltd. Guangdong Yonglijian Aluminum Co., Ltd. Guangdong Zhongya Aluminum Company Ltd. Guangzhou Jangho Curtain Wall System Engineering Co., Ltd.
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Period to be reviewed
Guangzhou Mingcan Die-Casting Hardware Products Co., Ltd. Hangzhou Xingyi Metal Products Co., Ltd. Hanwood Enterprises Limited. Hanyung Alcoba Co., Ltd. Hanyung Alcobis Co., Ltd. Hanyung Metal (Suzhou) Co., Ltd. Hao Mei Aluminum Co., Ltd. Hao Mei Aluminum International Co., Ltd. Hebei Xusen Wire Mesh Products Co., Ltd. Henan New Kelong Electrical Appliances Co., Ltd. Hong Kong Gree Electric Appliances Sales Limited. Hong Kong Modern Non-Ferrous Metal. Honsense Development Company. Hui Mei Gao Aluminum Foshan Co., Ltd. Huixin Aluminum. IDEX Dinglee Technology (Tianjin) Co., Ltd. IDEX Technology Suzhou Co., Ltd. IDEX Health. Innovative Aluminum (Hong Kong) Limited. iSource Asia. Jackson Travel Products Co., Ltd. Jangho Curtain Wall Hong Kong Ltd. Jiangmen Jianghai District Foreign Economic Enterprise Corp. Ltd. Jiangmen Jianghai Foreign Ent. Gen. Jiangmen Qunxing Hardware Diecasting Co., Ltd. Jiangsu Changfa Refrigeration Co. Jiangyin Suncitygaylin. Jiangyin Trust International Inc. Jiangyin Xinhong Doors and Windows Co., Ltd. Jiaxing Jackson Travel Products Co., Ltd. Jiaxing Taixin Metal Products Co., Ltd. Jiuyan Co., Ltd. JMA (HK) Company Limited. Johnson Precision Engineering (Suzhou) Co., Ltd. Justhere Co., Ltd. Kam Kiu Aluminum Products Sdn Bhd. Kanal Precision Aluminum Product Co., Ltd. Karlton Aluminum Company Ltd. Kong Ah International Company Limited. Kromet International. Kromet International Inc. Kromet Intl Inc. Kunshan Giant Light Metal Technology Co., Ltd. Liaoning Zhongwang Group Co., Ltd. Liaoyang Zhongwang Aluminum Profile Co. Ltd. Longkou Donghai Trade Co., Ltd. Metaltek Group Co., Ltd. Metaltek Metal Industry Co., Ltd. Midea Air Conditioning Equipment Co., Ltd. Midea International Trading Co., Ltd. Midea International Training Co., Ltd. Miland Luck Limited. Nanhai Textiles Import & Export Co., Ltd. New Asia Aluminum & Stainless Steel Product Co., Ltd. New Zhongya Aluminum Factory. Nidec Sankyo (Zhejang) Corporation. Nidec Sankyo Zhejiang Corporation. Nidec Sankyo Singapore Pte. Ltd. Ningbo Coaster International Co., Ltd. Ningbo Hi Tech Reliable Manufacturing Company. Ningbo Innopower Tengda Machinery. Ningbo Ivy Daily Commodity Co., Ltd. Ningbo Yili Import and Export Co., Ltd. North China Aluminum Co., Ltd. North Fenghua Aluminum Ltd. Northern States Metals. PanAsia Aluminum (China) Limited. Pengcheng Aluminum Enterprise Inc. Permasteelisa Hong Kong Ltd. Permasteelisa South China Factory. Pingguo Aluminum Company Limited. Pingguo Asia Aluminum Co., Ltd. Popular Plastics Company Limited.
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Period to be reviewed
Precision Metal Works Limited. Press Metal International Ltd. Samuel, Son & Co., Ltd. Sanchuan Aluminum Co., Ltd. Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. Shangdong Huasheng Pesticide Machinery Co. Shangdong Nanshan Aluminum Co., Ltd. Shanghai Automobile Air-Conditioner Accessories Co Ltd. Shanghai Automobile Air Conditioner Accessories Ltd. Shanghai Canghai Aluminum Tube Packaging Co., Ltd. Shanghai Dongsheng Metal. Shanghai Shen Hang Imp & Exp Co., Ltd. Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co. Ltd. Shenyang Yuanda Aluminum Industry Engineering Co. Ltd. Shenzhen Hudson Technology Development Co. Shenzhen Jiuyuan Co., Ltd. Sihui Shi Guo Yao Aluminum Co., Ltd. Sincere Profit Limited. Skyline Exhibit Systems (Shanghai) Co. Ltd. Southwest Aluminum (Group) Co., Ltd. Summit Heat Sinks Metal Co, Ltd. Suzhou JRP Import & Export Co., Ltd. Suzhou New Hongji Precision Part Co. Tai-Ao Aluminum (Taishan) Co. Ltd. Taishan City Kam Kiu Aluminium Extrusion Co., Ltd. Taizhou Lifeng Manufacturing Co., Ltd. Taizhou Lifeng Manufacturing Corporation, Ltd. Taizhou United Imp. & Exp. Co., Ltd. tenKsolar (Shanghai) Co., Ltd. Tianjin Ganglv Nonferrous Metal Materials Co., Ltd. Tianjin Jinmao Import & Export Corp., Ltd. Tianjin Ruxin Electric Heat Transmission Technology Co., Ltd. Tianjin Xiandai Plastic & Aluminum Products Co., Ltd. Tiazhou Lifeng Manufacturing Corporation. Top-Wok Metal Co., Ltd. Traffic Brick Network, LLC. Union Aluminum (SIP) Co. Union Industry (Asia) Co., Ltd. USA Worldwide Door Components (Pinghu) Co., Ltd. Wenzhou Shengbo Decoration & Hardware. Whirlpool (Guangdong). Whirlpool Canada L.P. Whirlpool Microwave Products Development Ltd. WTI Building Products, Ltd. Xin Wei Aluminum Co. Xin Wei Aluminum Co. Ltd. Xin Wei Aluminum Company Limited. Xinya Aluminum & Stainless Steel Product Co., Ltd. Yuyao Fanshun Import & Export Co., Ltd. Yuyao Haoshen Import & Export. Zahoqing China Square Industry Limited. Zhaoqing Asia Aluminum Factory Company Ltd. Zhaoqing China Square Industrial Ltd. Zhaoqing China Square Industry Limited. Zhaoqing New Zhongya Aluminum Co., Ltd. Zhejiang Anji Xinxiang Aluminum Co., Ltd. Zhejiang Yongkang Listar Aluminum Industry Co., Ltd. Zhejiang Zhengte Group Co., Ltd. Zhenjiang Xinlong Group Co., Ltd. Zhongshan Daya Hardware Co., Ltd. Zhongshan Gold Mountain Aluminum Factory Ltd. Zhongya Shaped Aluminum (HK) Holding Limited. Zhuhai Runxingtai Electrical Equipment Co., Ltd.
Suspension Agreements between the first and second or third suspended investigation (after sunset None. and fourth anniversary of the review), the Secretary, if requested by a publication of an antidumping duty domestic interested party within 30 Duty Absorption Reviews order under 19 CFR 351.211 or a days of the date of publication of the During any administrative review determination under 19 CFR notice of initiation of the review, will covering all or part of a period falling 351.218(f)(4) to continue an order or determine whether antidumping duties
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have been absorbed by an exporter or 1304frn/2013-08227.txt, prior to which extension requests must be filed producer subject to the review if the submitting factual information in this to be considered timely. This subject merchandise is sold in the segment. modification also requires that an United States through an importer that Any party submitting factual extension request must be made in a is affiliated with such exporter or information in an antidumping duty or separate, stand-alone submission, and producer. The request must include the countervailing duty proceeding must clarifies the circumstances under which name(s) of the exporter or producer for certify to the accuracy and completeness the Department will grant untimely- which the inquiry is requested. of that information.4 Parties are hereby filed requests for the extension of time reminded that revised certification Gap Period Liquidation limits. These modifications are effective requirements are in effect for company/ for all segments initiated on or after For the first administrative review of government officials as well as their October 21, 2013. Please review the any order, there will be no assessment representatives. All segments of any final rule, available at http:// of antidumping or countervailing duties antidumping duty or countervailing www.gpo.gov/fdsys/pkg/FR-2013-09-20/ on entries of subject merchandise duty proceedings initiated on or after html/2013-22853.htm, prior to entered, or withdrawn from warehouse, August 16, 2013, should use the formats submitting factual information in these for consumption during the relevant for the revised certifications provided at segments. provisional-measures ‘‘gap’’ period, of the end of the Final Rule.5 The These initiations and this notice are the order, if such a gap period is Department intends to reject factual in accordance with section 751(a) of the applicable to the POR. submissions in any proceeding Act (19 U.S.C. 1675(a)) and 19 CFR Administrative Protective Orders and segments if the submitting party does 351.221(c)(1)(i). Letters of Appearance not comply with applicable revised certification requirements. Dated: June 29, 2017. Interested parties must submit Gary Taverman, applications for disclosure under Extension of Time Limits Regulation Deputy Assistant Secretary for Antidumping administrative protective orders in Parties may request an extension of and Countervailing Duty Operations. accordance with the procedures time limits before a time limit [FR Doc. 2017–14172 Filed 7–5–17; 8:45 am] outlined in the Department’s regulations established under Part 351 expires, or as BILLING CODE 3510–DS–P at 19 CFR 351.305. Those procedures otherwise specified by the Secretary. apply to administrative reviews See 19 CFR 351.302. In general, an included in this notice of initiation. extension request will be considered DEPARTMENT OF COMMERCE Parties wishing to participate in any of untimely if it is filed after the time limit these administrative reviews should established under Part 351 expires. For International Trade Administration ensure that they meet the requirements submissions which are due from [A–570–601] of these procedures (e.g., the filing of multiple parties simultaneously, an separate letters of appearance as extension request will be considered Tapered Roller Bearings and Parts discussed at 19 CFR 351.103(d)). untimely if it is filed after 10:00 a.m. on Thereof, Finished and Unfinished, Factual Information Requirements the due date. Examples include, but are From the People’s Republic of China: not limited to: (1) Case and rebuttal Preliminary Results and Preliminary The Department’s regulations identify briefs, filed pursuant to 19 CFR 351.309; Rescission of New Shipper Review; five categories of factual information in (2) factual information to value factors 2015–2016 19 CFR 351.102(b)(21), which are under 19 CFR 351.408(c), or to measure summarized as follows: (i) Evidence the adequacy of remuneration under 19 AGENCY: Enforcement and Compliance, submitted in response to questionnaires; CFR 351.511(a)(2), filed pursuant to 19 International Trade Administration, (ii) evidence submitted in support of CFR 351.301(c)(3) and rebuttal, Department of Commerce. allegations; (iii) publicly available clarification and correction filed SUMMARY: The Department of Commerce information to value factors under 19 pursuant to 19 CFR 351.301(c)(3)(iv); (3) (the Department) is conducting an CFR 351.408(c) or to measure the comments concerning the selection of a administrative review (AR) and a new adequacy of remuneration under 19 CFR surrogate country and surrogate values shipper review (NSR) of the 351.511(a)(2); (iv) evidence placed on and rebuttal; (4) comments concerning antidumping duty order on tapered the record by the Department; and (v) U.S. Customs and Border Protection roller bearings and parts thereof, evidence other than factual information data; and (5) quantity and value finished and unfinished (TRBs), from described in (i)–(iv). These regulations questionnaires. Under certain the People’s Republic of China (PRC). require any party, when submitting circumstances, the Department may The AR covers six exporters, of which factual information, to specify under elect to specify a different time limit by the Department selected two mandatory which subsection of 19 CFR which extension requests will be respondents for individual examination 351.102(b)(21) the information is being considered untimely for submissions (i.e., Zhejiang Zhaofeng Mechanical & submitted and, if the information is which are due from multiple parties Electronic Co, Ltd. (Zhaofeng); and submitted to rebut, clarify, or correct simultaneously. In such a case, the Zhejiang Zhengda Bearing Co., Ltd. factual information already on the Department will inform parties in the (Zhengda)). The NSR covers Zhejiang record, to provide an explanation letter or memorandum setting forth the Jingli Bearing Technology Co., Ltd. identifying the information already on deadline (including a specified time) by (Zhejiang Jingli). The period of review the record that the factual information (POR) is June 1, 2015, through May 31, seeks to rebut, clarify, or correct. The 4 See section 782(b) of the Act. 2016. regulations, at 19 CFR 351.301, also 5 See Certification of Factual Information To We preliminarily determine that sales provide specific time limits for such Import Administration During Antidumping and of subject merchandise have been made factual submissions based on the type of Countervailing Duty Proceedings, 78 FR 42678 (July below normal value (NV). In addition, 17, 2013) (Final Rule); see also the frequently asked factual information being submitted. questions regarding the Final Rule, available at we preliminarily determine that Please review the final rule, available at http://enforcement.trade.gov/tlei/notices/factual_ Zhejiang Jingli’s sale to the United http://enforcement.trade.gov/frn/2013/ info_final_rule_FAQ_07172013.pdf. States is not bona fide. Therefore, we are
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preliminarily rescinding this NSR. If totality of the circumstances ACCESS is available to registered users these preliminary results are adopted in surrounding the reported sale, at https://access.trade.gov, and to all the final results of this review, we will including: parties in the Central Records Unit, instruct U.S. Customs and Border (I) the prices of such sales; (II) whether room B8024 of the main Department of Protection (CBP) to assess antidumping such sales were made in commercial Commerce building. In addition, a duties on all appropriate entries. quantities; (III) the timing of such sales; (IV) complete version of the Preliminary Interested parties are invited to the expenses arising from such sales; (V) Decision Memorandum can be found at comment on these preliminary results. whether the subject merchandise involved in http://enforcement.trade.gov/frn/. The DATES: Effective July 6, 2017. such sales was resold in the United States at signed Preliminary Decision a profit; (VI) whether such sales were made Memorandum and the electronic FOR FURTHER INFORMATION CONTACT: on an arms-length basis; and (VII) any other Andrew Medley or Whitley Herndon, factor {it} determines to be relevant as to version of the Preliminary Decision Enforcement and Compliance, whether such sales are, or are not, likely to Memorandum are identical in content. International Trade Administration, be typical of those the exporter or producer A list of the topics discussed in the U.S. Department of Commerce, 1401 will make after completion of the review.4 Preliminary Decision Memorandum is Constitution Avenue NW., Washington, Because the non-bona fide sale was attached as the Appendix to this notice. DC 20230; telephone: (202) 482–4987 or the only reported sale of subject Rate for Non-Examined Companies (202) 482–6274, respectively. merchandise during the POR, and thus Which Are Eligible for a Separate Rate SUPPLEMENTARY INFORMATION: there are no reviewable transactions on As indicated in the ‘‘Preliminary this record, we are preliminarily Scope of the Order Results of Review’’ section below, we rescinding the NSR. Because much of The merchandise covered by the order preliminarily determine that a margin of the factual information used in our 76.93 percent applies to the three firms includes tapered roller bearings and analysis of Zhejiang Jingli’s sale parts thereof. The subject merchandise not selected for individual review but involves business proprietary determined to be eligible for a separate is currently classifiable under information, a full discussion of the rate. For further information, see the Harmonized Tariff Schedule of the basis for our preliminary determination Preliminary Decision Memorandum at United States (HTSUS) subheadings: is set forth in the Bona Fides Analysis ‘‘Separate Rate Assigned to Non- 8482.20.00, 8482.91.00.50, 8482.99.15, Memorandum. 8482.99.45, 8483.20.40, 8483.20.80, Selected Companies.’’ Methodology 8483.30.80, 8483.90.20, 8483.90.30, Preliminary Results of Review The Department is conducting this 8483.90.80, 8708.70.6060, 8708.99.2300, Two companies involved in the review in accordance with section 8708.99.4850, 8708.99.6890, administrative review, Zhengda and 751(a)(1)(B) of the Act. As noted above, 8708.99.8115, and 8708.99.8180. The Yantai CMC Bearing Co. Ltd./CMC there are two mandatory respondents in HTSUS subheadings are provided for Bearing Co. Ltd. (Yantai CMC) did not this administrative review: Zhaofeng convenience and customs purposes demonstrate that they were entitled to a and Zhengda. For Zhaofeng, we only; the written description of the separate rate.6 Therefore, the 1 calculated export prices in accordance scope of the order is dispositive. Department preliminarily finds Zhengda with section 772 of the Act. In addition, and Yantai CMC to be part of the PRC- Preliminary Rescission of the NSR we based the preliminary dumping wide entity.7 The rate previously As discussed in the Bona Fides margin for certain unreported sales established for the PRC-wide entity is Analysis Memorandum,2 the discovered as a result of verification on 92.84 percent. Department preliminarily finds that the 5 adverse facts available (AFA). Because The Department preliminarily single sale made by Zhejiang Jingli to the PRC is a non-market economy determines that the following weighted- the United States during the POR is not (NME) within the meaning of section average dumping margins exist for the a bona fide sale, as required by section 771(18) of the Act, NV has been period June 1, 2015, through May 31, 751(a)(2)(B)(iv) of the Tariff Act of 1930, calculated in accordance with section 2016: as amended (the Act).3 The Department 773(c) of the Act. reached this conclusion based on the For Zhengda, we preliminarily find 6 With respect to Yantai CMC, we note that the that this respondent is ineligible for a Initiation Notice listed this company as ‘‘Yantai 1 For a complete description of the scope of the separate rate because it has failed to CMC Bearing Co. Ltd./CMC Bearings Co. Ltd.’’ order, see memorandum from Gary Taverman, demonstrate an absence of de facto However, the review request was for Yantai CMC Deputy Assistant Secretary for Antidumping and government control in this Bearing Co. Ltd./CMC Bearing Co. Ltd. This notice Countervailing Duty Operations, to Ronald K. corrects the Initiation Notice and clarifies that this Lorentzen, Acting Assistant Secretary for administrative review. Therefore, we review covers Yantai CMC Bearing Co. Ltd./CMC Enforcement and Compliance, entitled ‘‘Decision did not calculate a separate margin for Bearing Co. Ltd. See Initiation of Antidumping and Memorandum for the Preliminary Results of the Zhengda. Countervailing Duty Administrative Reviews, 81 FR 2015–2016 Antidumping Duty Administrative For a full description of the 53121 (August 11, 2016) (Initiation Notice). Review and New Shipper Review of Tapered Roller 7 methodology underlying our See Preliminary Decision Memorandum, at 12– Bearings and Parts Thereof, Finished and 13. Pursuant to the Department’s change in practice, Unfinished, from the People’s Republic of China’’ conclusions, see the Preliminary the Department no longer considers the NME entity (Preliminary Decision Memorandum), issued Decision Memorandum. The as an exporter conditionally subject to concurrently with and hereby adopted by this Preliminary Decision Memorandum is a administrative reviews. See Antidumping notice. public document and is on file Proceedings: Announcement of Change in 2 See Memorandum, ‘‘New Shipper Review of Department Practice for Respondent Selection in Tapered Roller Bearings and Parts Thereof from the electronically via Enforcement and Antidumping Duty Proceedings and Conditional People’s Republic of China: Analysis of Zhejiang Compliance’s Antidumping and Review of the Nonmarket Economy Entity in NME Jingli Bearing Technology. Ltd.’s Bona Fides as a Countervailing Duty Centralized Antidumping Duty Proceedings, 78 FR 65963, New Shipper,’’ dated June 29, 2017. Electronic Service System (ACCESS). 65970 (November 4, 2013). Under this practice, the 3 On February 24, 2016, the President of the NME entity will not be under review unless a party United States signed into law the Trade Facilitation specifically requests, or the Department self- and Trade Enforcement Act of 2015, Public Law 4 See section 751(a)(2)(B)(iv) of the Act. initiates, a review of the entity. Because no party 114–125 (February 24, 2016), which made 5 See Preliminary Decision Memorandum, at requested a review of the entity, the entity is not amendments to section 751(a)(2)(B) of the Act. ‘‘Application of Facts Available and use of Adverse under review and the entity’s rate is not subject to These amendments apply to this determination. Interferences.’’ change.
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Weighted- stamped with the date and time of assessment rate calculated in the final Exporters average receipt by 5 p.m. ET on the due date. results of this NSR is above de minimis. percent Unless otherwise extended, the We intend to issue assessment margins Department intends to issue the final instructions to CBP 15 days after the Zhejiang Zhaofeng Mechanical results of this administrative review, publication of the final results of these & Electronic Co, Ltd...... 76.93 which will include the results of its reviews. GSP Automotive Group analysis of all issues raised in the case Wenzhou Co., Ltd.* ...... 76.93 briefs, within 120 days of publication of Cash Deposit Requirements Hangzhou Yonggu Auto-Parts these preliminary results, pursuant to The following cash deposit C., Ltd.* ...... 76.93 section 751(a)(3)(A) of the Act. requirements will be effective upon Zhejiang CTL Auto Parts Manu- facturing Incorporated Co., Assessment Rates publication of the final results of this Ltd.* ...... 76.93 administrative review for all shipments Upon issuance of the final results of of the subject merchandise entered, or * This company was not selected as a man- the administrative review, the withdrawn from warehouse, for datory respondent but is subject to this admin- Department will determine, and CBP consumption on or after the publication istrative review and demonstrated that it quali- shall assess, antidumping duties on all fied for a separate rate in this administrative date, as provided for by section review. appropriate entries covered by this 751(a)(2)(C) of the Act: (1) For the review.14 For Zhaofeng, which has a exporters listed above which have a Disclosure and Public Comment weighted-average dumping margin separate rate, the cash deposit rate will The Department will disclose which is not zero or de minimis (i.e., be the rate established in the final calculations performed for these less than 0.5 percent), we will calculate results of this review (except, if the rate preliminary results to the parties within importer-specific ad valorem duty is zero or de minimis, then a cash five days of the date of publication of assessment rates based on the ratio of deposit rate of zero will be established this notice in accordance with 19 CFR the total amount of dumping calculated for that company); (2) for previously 351.224(b). Interested parties may for the importer’s examined sales to the investigated or reviewed PRC and non- submit case briefs no later than 30 days total entered value of those sales, in PRC exporters not listed above that have after the date of publication of these accordance with 19 CFR 351.212(b)(1). separate rates, the cash deposit rate will preliminary results of review.8 Rebuttals For entries that were not reported in the continue to be the exporter-specific rate to case briefs may be filed no later than U.S. sales databases submitted by published for the most recently five days after case briefs are filed and Zhaofeng, the Department will instruct completed segment of this proceeding; all rebuttal briefs must be limited to CBP to liquidate such entries at either (3) for all PRC exporters of subject comments raised in the case briefs.9 the AFA rate (related to sales discovered merchandise that have not been found Parties who submit comments are as a result of verification, which will be to be entitled to a separate rate, the cash requested to submit with the argument: identified in the liquidation instructions deposit rate will be the rate for the PRC- (1) A statement of the issue; (2) a brief by the applicable customer name) 15 or wide entity, 92.84 percent; and (4) for summary of the argument; and (3) a the PRC-wide rate (for sales made by all non-PRC exporters of subject table of authorities.10 resellers). merchandise which have not received Any interested party may request a For the respondents which were not their own rate, the cash deposit rate will hearing within 30 days of publication of selected for individual examination in be the rate applicable to the PRC 11 this notice. Hearing requests should this administrative review and which exporter(s) that supplied that non-PRC contain the following information: (1) qualified for a separate rate, the exporter. These deposit requirements, The party’s name, address, and assessment rate will be equal to the when imposed, shall remain in effect telephone number; (2) the number of weighted-average dumping margin until further notice. participants; and (3) a list of the issues assigned to Zhaofeng in the final results If the Department proceeds to a final to be discussed. Oral presentations will of this administrative review. For the rescission of the NSR, the cash deposit be limited to issues raised in the final results, if we continue to treat 12 rate will continue to be the PRC-wide briefs. If a request for a hearing is Yantai CMC and Zhengda as part of the rate for Zhejiang Jingli because the made, parties will be notified of the PRC-wide entity, we will instruct CBP Department will not have determined an time and date for the hearing to be held to apply an ad valorem assessment rate individual margin of dumping for this at the U.S. Department of Commerce, of 92.84 percent, the current rate company. If the Department issues final 1401 Constitution Avenue NW., established for the PRC-wide entity, to 13 results for the NSR, the Department will Washington, DC 20230. all entries of subject merchandise instruct CBP to collect a cash deposit, All submissions, with limited during the POR which were exported by effective upon the publication of the exceptions, must be filed electronically Yantai CMC and Zhengda. final results, at the rate established using ACCESS. An electronically filed If we proceed to a final rescission of therein. document must be received successfully the NSR, Zhejiang Jingli’s entries will be in its entirety by 5 p.m. Eastern Time assessed at the rate entered. If we do not Notification to Importers (ET) on the due date. Documents proceed to a final rescission of the NSR, This notice also serves as a excepted from the electronic submission pursuant to 19 CFR 351.212(b)(1), we preliminary reminder to importers of requirements must be filed manually will calculate an importer-specific their responsibility under 19 CFR (i.e., in paper form) with the APO/ assessment rate for Zhejiang Jingli. We 351.402(f) to file a certificate regarding Dockets Unit in Room 18022 and will instruct CBP to assess antidumping the reimbursement of antidumping duties on all appropriate entries covered duties prior to liquidation of the 8 See 19 CFR 351.309(c)(1)(ii). by this NSR if the importer-specific 9 See 19 CFR 351.309(d). relevant entries during this review period. Failure to comply with this 10 See 19 CFR 351.309(c)(2). 14 See 19 CFR 351.212(b)(1). 11 See 19 CFR 351.310(c). 15 See Preliminary Decision Memorandum, at requirement could result in the 12 Id. ‘‘Application of Facts Available and use of Adverse Secretary’s presumption that 13 See 19 CFR 351.310(d). Interferences.’’ reimbursement of antidumping duties
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occurred and the subsequent assessment ADDRESSES: Direct all written comments trawl vessels, processors receiving of double antidumping duties. to Jennifer Jessup, Departmental deliveries from those trawl vessels, and We are issuing and publishing these Paperwork Clearance Officer, Amendment 80 catcher/processors preliminary results of review and Department of Commerce, Room 6616, harvesting in the GOA and BSAI. preliminary rescission in accordance 14th and Constitution Avenue NW., Submission of the EDR is mandatory. Washington, DC 20230 (or via the with sections 751(a)(l), 751(a)(2)(B) and II. Method of Collection 777(i)(l) of the Act, and 19 CFR Internet at [email protected]). 351.221(b)(4). FOR FURTHER INFORMATION CONTACT: The EDR may be submitted online, or Dated: June 29, 2017. Requests for additional information or by mail or facsimile transmission of copies of the information collection paper forms. Pacific States Marine Ronald K. Lorentzen, instrument and instructions should be Fisheries Commission (PSMFC) has Acting Assistant Secretary for Enforcement directed to Stephanie Warpinski, (907) been designated by NMFS as the Data and Compliance. 586–7228. Collection Agent. PSMFC mails EDR Appendix I SUPPLEMENTARY INFORMATION: announcements and filing instructions to respondents by April 1 of each year. List of Topics Discussed in the Preliminary I. Abstract Decision Memorandum Respondents are encouraged to This request is for extension of a complete the form online on the PSMFC 1. Summary current information collection. 2. Background Web site at https://survey.psmfc.org. The Groundfish Trawl Catcher The EDR is also available in fillable PDF 3. Scope of the Order Processor Economic Data Report (the 4. Determination Not To Select GSP as a format on the PSFMC Web site at http:// Voluntary Respondent EDR) collects information for the Gulf of www.psmfc.org/goatrawl/. 5. Bona Fides Analysis Alaska Trawl Groundfish Economic 6. Discussion of the Methodology Data Report Program (GOA Trawl EDR III. Data Program) and for Amendment 80 to the a. Non-Market Economy Country Status OMB Control Number: 0648–0564. b. Separate Rates Fishery Management Plan for c. Separate Rate Assigned to Non-Selected Groundfish of the Bering Sea and Form Number(s): None. Companies Aleutian Islands Management Area. Type of Review: Regular submission d. The PRC-Wide Entity The GOA Trawl EDR Program (extension of a current information e. Application of Facts Available and use evaluates the economic effects of collection). of Adverse Interferences current and future groundfish and f. Surrogate Country Affected Public: Business or other for- g. Date of Sale prohibited species catch (PSC) profit organizations; individuals or h. Normal Value Comparisons management measures for GOA trawl households. i. Determination of Comparison Method fisheries. This program provides the National Marine Fisheries Service Estimated Number of Respondents: j. Export Price 25. k. Irrecoverable Value-Added Tax (VAT) (NMFS) and the North Pacific Fishery l. Normal Value Management Council with baseline Estimated Time per Response: m. Currency Conversion information on affected harvesters, Groundfish Trawl Catcher Processor 7. Recommendation crew, processors, and communities in EDR, 22 hours. [FR Doc. 2017–14174 Filed 7–5–17; 8:45 am] the GOA. Estimated Total Annual Burden BILLING CODE 3510–DS–P Amendment 80 to the Fishery Hours: 550 hours. Management Plan for Groundfish of the Estimated Total Annual Cost to Bering Sea and Aleutian Islands DEPARTMENT OF COMMERCE Public: $31 in recordkeeping/reporting Management Area primarily allocates costs. several BSAI non-pollock trawl National Oceanic and Atmospheric groundfish fisheries among fishing IV. Request for Comments Administration sectors, and facilitates the formation of harvesting cooperatives among vessels Comments are invited on: (a) Whether Proposed Information Collection; the proposed collection of information Comment Request; Groundfish Trawl in the Non-American Fisheries Act (non-AFA) Trawl Catcher/Processor is necessary for the proper performance Catcher Processor Economic Data of the functions of the agency, including Report Cooperative Program. This program established a limited access privilege whether the information shall have practical utility; (b) the accuracy of the AGENCY: National Oceanic and program for the non-AFA trawl catcher/ processor sector. agency’s estimate of the burden Atmospheric Administration (NOAA), (including hours and cost) of the Commerce. Data collected through the EDR includes labor information, revenues proposed collection of information; (c) ACTION: Notice. received, capital and operational ways to enhance the quality, utility, and expenses, and other operational or clarity of the information to be SUMMARY: The Department of financial data. This information is used collected; and (d) ways to minimize the Commerce, as part of its continuing to assess the economic effects of burden of the collection of information effort to reduce paperwork and Amendment 80 on vessels or entities on respondents, including through the respondent burden, invites the general regulated by the non-AFA Trawl use of automated collection techniques public and other Federal agencies to Catcher/Processor Cooperative Program, or other forms of information take this opportunity to comment on and impacts of major changes in the technology. proposed and/or continuing information groundfish management regime, Comments submitted in response to collections, as required by the including allocation of PSC species and this notice will be summarized and/or Paperwork Reduction Act of 1995. target species to harvesting included in the request for OMB DATES: Written comments must be cooperatives. approval of this information collection; submitted on or before September 5, The EDR is submitted annually by they also will become a matter of public 2017. vessel owners and leaseholders of GOA record.
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Dated: June 29, 2017. the marine ecosystem, a performance FOR FURTHER INFORMATION CONTACT: Dr. Sarah Brabson, measure in the NMFS Strategic Christopher Moore, Executive Director, NOAA PRA Clearance Officer. Operating Plans, but also be used to Mid-Atlantic Fishery Management [FR Doc. 2017–14124 Filed 7–5–17; 8:45 am] assess how fishermen and economy will Council, telephone: (302) 526–5255. BILLING CODE 3510–22–P be impacted by and respond to SUPPLEMENTARY INFORMATION: regulations likely to be considered by fishery managers. These data are Correction DEPARTMENT OF COMMERCE collected in conjunction with catch and In the Federal Register on June 23, effort data already being collected in 2017, in FR Doc. 2017–13152, on page National Oceanic and Atmospheric this fishery as part of its creel survey 28643, in the first column, the SUMMARY Administration program. The creel survey program is is corrected as set forth above. one of the major data collection systems Dated: June 30, 2017. Submission for OMB Review; to monitor fisheries resources in these Tracey L. Thompson, Comment Request three geographic areas. The survey monitors the islands’ fishing activities Acting Deputy Director, Office of Sustainable The Department of Commerce will Fisheries, National Marine Fisheries Service. submit to the Office of Management and and interviews returning fishermen at the most active launching ramps/docks [FR Doc. 2017–14153 Filed 7–5–17; 8:45 am] Budget (OMB) for clearance the BILLING CODE 3510–22–P following proposal for collection of during selected time periods on the information under the provisions of the islands. Participation in the economic Paperwork Reduction Act (44 U.S.C. data collection is voluntary. Affected Public: Business or other for- DEPARTMENT OF COMMERCE Chapter 35). profit organizations; individuals or Agency: National Oceanic and National Oceanic and Atmospheric households. Administration Atmospheric Administration (NOAA). Frequency: On occasion. Title: Economic Surveys of American Respondent’s Obligation: Voluntary. Samoa, Guam, and the Commonwealth Proposed Information Collection; This information collection request Comment Request; Gulf of Alaska of the Northern Mariana Islands Small may be viewed at reginfo.gov. Follow Boat-based Fisheries. Catcher Vessel and Processor Trawl the instructions to view Department of Economic Data Report OMB Control Number: 0648–0635. Commerce collections currently under Form Number(s): None. review by OMB. AGENCY: National Oceanic and Type of Request: Regular (extension of Written comments and Atmospheric Administration (NOAA), a currently approved information recommendations for the proposed Commerce. collection). information collection should be sent ACTION: Notice. Number of Respondents: 245. within 30 days of publication of this Average Hours per Response: 10 notice to OIRA_Submission@ SUMMARY: The Department of minutes. omb.eop.gov or fax to (202) 395–5806. Commerce, as part of its continuing Burden Hours: 100. effort to reduce paperwork and Needs and Uses: This request is for Dated: June 29, 2017. Sarah Brabson, respondent burden, invites the general extension of a currently approved public and other Federal agencies to NOAA PRA Clearance Officer. information collection. take this opportunity to comment on The National Marine Fisheries Service [FR Doc. 2017–14125 Filed 7–5–17; 8:45 am] proposed and/or continuing information (NMFS) collects information about BILLING CODE 3510–22–P collections, as required by the fishing expenses in the American Paperwork Reduction Act of 1995. Samoa, Guam, and the Commonwealth DATES: Written comments must be of the Northern Mariana Islands (CNMI) DEPARTMENT OF COMMERCE submitted on or before September 5, boat-based reef fish, bottomfish, and National Oceanic and Atmospheric 2017. pelagics fisheries with which to conduct Administration economic analyses that will improve ADDRESSES: Direct all written comments fishery management in those fisheries; RIN 0648–XF497 to Jennifer Jessup, Departmental satisfy NMFS’ legal mandates under Paperwork Clearance Officer, Executive Order 12866, the Magnuson- Mid-Atlantic Fishery Management Department of Commerce, Room 6616, Steven Fishery Conservation and Council (MAFMC); Public Meeting; 14th and Constitution Avenue NW., Management Act (U.S.C. 1801 et seq.), Correction Washington, DC 20230 (or via the Internet at [email protected]). the Regulatory Flexibility Act, the AGENCY: National Marine Fisheries Endangered Species Act, and the Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: National Environmental Policy Act; and Atmospheric Administration (NOAA), Requests for additional information or quantify achievement of the Commerce. copies of the information collection performances measures in the NMFS ACTION: Notice of scoping meetings; instrument and instructions should be Strategic Operating Plans. An example correction. directed to Stephanie Warpinski, (907) of these performance measures: the 586–7228. economic data collected will allow SUMMARY: The Mid-Atlantic Fishery SUPPLEMENTARY INFORMATION: quantitative assessment of the fisheries Management Council is holding public sector’s social and economic scoping meetings to gather input on the I. Abstract contribution, linkages and impacts of development of the Excessive Shares This request is for extension of a the fisheries sector to the overall Amendment to the Surfclam and Ocean current information collection. economy through Input-output (I–O) Quahog FMP. Input obtained from these The Gulf of Alaska Trawl Groundfish models analyses. Results from I–O meetings will be considered by the Economic Data Report Program analyses will not only provide Council when developing this evaluates the economic effects of indicators of social-economic benefits of Amendment. current and future groundfish
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management measures for Gulf of IV. Request for Comments problems accessing these documents, Alaska (GOA) trawl fisheries. This Comments are invited on: (a) Whether please call the contact listed below (see program provides the National Marine the proposed collection of information FOR FURTHER INFORMATION CONTACT). Fisheries Service (NMFS) and the North is necessary for the proper performance FOR FURTHER INFORMATION CONTACT: Pacific Fishery Management Council of the functions of the agency, including Laura McCue, Office of Protected with baseline information on affected whether the information shall have Resources, NMFS, 301–427–8401. harvesters, crew, processors, and practical utility; (b) the accuracy of the SUPPLEMENTARY INFORMATION: communities in the GOA. Data collected agency’s estimate of the burden Background through the economic data reports (including hours and cost) of the (EDRs) include labor information, proposed collection of information; (c) Sections 101(a)(5)(A) and (D) of the revenues received, capital and ways to enhance the quality, utility, and MMPA (16 U.S.C. 1361 et seq.) direct operational expenses, and other clarity of the information to be the Secretary of Commerce to allow, operational or financial data. This collected; and (d) ways to minimize the upon request, the incidental, but not information is used to assess the burden of the collection of information intentional, taking of small numbers of impacts of major changes in the on respondents, including through the marine mammals by U.S. citizens who groundfish management regime, use of automated collection techniques engage in a specified activity (other than including catch share program or other forms of information commercial fishing) within a specified implementation. technology. geographical region if certain findings The Catcher Vessel GOA Trawl EDR Comments submitted in response to are made and either regulations are is submitted by owners or leaseholders this notice will be summarized and/or issued or, if the taking is limited to of catcher vessels that harvest included in the request for OMB harassment, a notice of a proposed groundfish using trawl gear from the approval of this information collection; authorization is provided to the public GOA or parallel fisheries. The Processor they also will become a matter of public for review. GOA Trawl EDR is submitted by owners record. An authorization for incidental or leaseholders of shoreside processors Dated: June 29, 2017. takings shall be granted if NMFS finds or stationary floating processors that Sarah Brabson, that the taking will have a negligible receive deliveries from vessels that impact on the species or stock(s), will NOAA PRA Clearance Officer. harvest groundfish using trawl gear from not have an unmitigable adverse impact the GOA or parallel fisheries. Annual [FR Doc. 2017–14123 Filed 7–5–17; 8:45 am] on the availability of the species or submission of these EDRs is mandatory. BILLING CODE 3510–22–P stock(s) for subsistence uses (where II. Method of Collection relevant), and if the permissible DEPARTMENT OF COMMERCE methods of taking and requirements The EDRs may be submitted online, or pertaining to the mitigation, monitoring by mail or facsimile transmission of National Oceanic and Atmospheric and reporting of such takings are set paper forms. Pacific States Marine Administration forth. NMFS has defined ‘‘negligible Fisheries Commission (PSMFC) has impact’’ in 50 CFR 216.103 as an impact been designated by NMFS as the Data RIN 0648–XF489 resulting from the specified activity that Collection Agent for the GOA Trawl Takes of Marine Mammals Incidental to cannot be reasonably expected to, and is EDR Program. PSMFC mails EDR not reasonably likely to, adversely affect announcements and filing instructions Specified Activities; Taking Marine Mammals Incidental to Commercial the species or stock through effects on to respondents by April 1 of each year. annual rates of recruitment or survival. Respondents are encouraged to Fireworks Displays in the Monterey Bay National Marine Sanctuary NMFS has defined ‘‘unmitigable complete the forms online on the adverse impact’’ in 50 CFR 216.103 as PSMFC Web site at https:// AGENCY: National Marine Fisheries an impact resulting from the specified survey.psmfc.org. EDR forms are also Service (NMFS), National Oceanic and activity: available in fillable PDF format on the Atmospheric Administration (NOAA), (1) That is likely to reduce the PSFMC Web site at http:// Commerce. availability of the species to a level www.psmfc.org/goatrawl/. ACTION: Notice of issuance of a Letter of insufficient for a harvest to meet III. Data Authorization. subsistence needs by: (i) Causing the marine mammals to abandon or avoid OMB Control Number: 0648–0700. SUMMARY: In accordance with the hunting areas; (ii) directly displacing Form Number(s): None. Marine Mammal Protection Act subsistence users; or (iii) placing Type of Review: Regular submission (MMPA), as amended, and physical barriers between the marine (extension of a current information implementing regulations, notification mammals and the subsistence hunters; collection). is hereby given that a Letter of and Affected Public: Business or other for- Authorization (LOA) has been issued to (2) That cannot be sufficiently profit organizations; Individuals or the Monterey Bay National Marine mitigated by other measures to increase households; not-for-profit institutions. Sanctuary (MBNMS), for the take of the availability of marine mammals to Estimated Number of Respondents: marine mammals incidental to allow subsistence needs to be met. 88. commercial fireworks displays in the Except with respect to certain Estimated Time per Response: Catcher Monterey Bay National Marine activities not pertinent here, section Vessel GOA Trawl EDR, 15 hours; Sanctuary (Sanctuary), California. 3(18) of the MMPA defines Processor GOA Trawl EDR, 3 hours. DATES: Effective from June 29, 2017 to ‘‘harassment’’ as: any act of pursuit, Estimated Total Annual Burden June 28, 2022. torment, or annoyance which (i) has the Hours: 1,104 hours. ADDRESSES: The LOA and supporting potential to injure a marine mammal or Estimated Total Annual Cost to documents may be obtained online at: marine mammal stock in the wild (Level Public: $197 in recordkeeping/reporting www.nmfs.noaa.gov/pr/permits/ A harassment); or (ii) has the potential costs. incidental/research.htm. In case of to disturb a marine mammal or marine
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mammal stock in the wild by causing lasts approximately seven minutes and Dated: June 29, 2017. disruption of behavioral patterns, includes 300 aerial shells and 550 low- Donna S. Wieting, including, but not limited to, migration, level effects. The MBNMS anticipates Director, Office of Protected Resources, breathing, nursing, breeding, feeding, or permitting up to 10 fireworks events National Marine Fisheries Service. sheltering (Level B harassment). annually. Commercial fireworks [FR Doc. 2017–14139 Filed 7–5–17; 8:45 am] Regulations governing the taking of displays produce noise that may result BILLING CODE 3510–22–P harbor seals (Phoca vitulina richardii) in Level B harassment of harbor seals and California sea lions (Eumatopias and California sea lions that are hauled jubatus), by Level B harassment, out near the fireworks displays. A DEPARTMENT OF COMMERCE incidental to MBNMS’s commercial maximum of 570 harbor seals and 3,983 fireworks displays, were issued on June California sea lions annually could be National Oceanic and Atmospheric 14, 2017 (82 FR 27434) and remain in taken by Level B harassment with 2,850 Administration effect until June 28, 2022. A correction harbor seals and 19,915 California sea to the effective dates of the final rule lions taken over the 5-year effective RIN 0648–XF504 was published on June 27, 2017 (82 FR period of the regulations. The 29010). For detailed information on the authorized take will remain within the action, please refer to that document. New England Fishery Management annual estimates analyzed in the final Council; Public Meeting; Correction The regulations include mitigation, rule making. monitoring, and reporting requirements AGENCY: for the incidental take of marine Authorization National Marine Fisheries mammals during commercial fireworks Service (NMFS), National Oceanic and displays within the Sanctuary. We have issued an LOA to MBNMS Atmospheric Administration (NOAA), authorizing the take of marine mammals Commerce. Summary of Request incidental to commercial fireworks ACTION: Notice; correction. On October 18, 2016, NMFS received displays, as described above. Take of an adequate and complete request for marine mammals will be minimized SUMMARY: The New England Fishery regulations and subsequent LOA from through implementation of mitigation Management Council (Council) is MBNMS for the taking of small numbers measures designed to reduce impacts on scheduling a public meeting of its of marine mammals incidental to pinnipeds by establishing a sanctuary- commercial fireworks displays within wide seasonal prohibition to safeguard Research Steering Committee to the Sanctuary. NMFS has issued pinniped reproductive periods by consider actions affecting New England incidental take authorizations under prohibiting displays between March 1 fisheries in the exclusive economic zone section 101(a)(5)(A or D) of the MMPA and June 30 of any year when the (EEZ). Recommendations from this to MBNMS for the specified activity primary reproductive season for group will be brought to the full Council since 2005. NMFS first issued an pinnipeds occurs; establishing four for formal consideration and action, if incidental harassment authorization conditional display areas and prohibit appropriate. (IHA) under section 101(a)(5)(D) of the displays along the remaining 95 percent DATES: This meeting will be held on MMPA to MBNMS on July 4, 2005 (70 of sanctuary coastal areas; limiting Wednesday, July 19, 2017 at 9 a.m. FR 39235; July 7, 2005), and displays to an average frequency equal subsequently issued 5-year regulations to or less than one every 2 months in ADDRESSES: governing the annual issuance of LOAs each area with a total maximum of 10 Meeting address: The meeting will be under section 101(a)(5)(A) of the MMPA displays per year across all four areas; held at the Holiday Inn, 700 Myles (71 FR 40928; July 19, 2006). Upon limiting fireworks displays to not Standish Boulevard, Taunton, MA expiration of those regulations, NMFS exceed 30 minutes, with the exception 02780; phone: (508) 823–0430. issued MBNMS an IHA (76 FR 29196; of two longer displays per year across Council address: New England May 20, 2011), and subsequent 5-year all four areas that will not exceed 1 regulations and LOA, which expire on Fishery Management Council, 50 Water hour; implementing a ramp-up period, Street, Mill 2, Newburyport, MA 01950. June 28, 2017 (77 FR 31537; May 29, wherein salutes are not allowed in the 2012). first five minutes of the display; and FOR FURTHER INFORMATION CONTACT: Professional pyrotechnic devices used conducting post-show debris cleanups Thomas A. Nies, Executive Director, in fireworks displays can be grouped for up to two days whereby all debris New England Fishery Management into three general categories: aerial Council; telephone: (978) 465–0492. shells (paper and cardboard spheres or from the event is removed). Additionally, the rule includes an cylinders ranging from 2–12 inch (in) SUPPLEMENTARY INFORMATION: The (5–30 centimeter (cm)) in diameter and adaptive management component that original noticed published in the filled with incendiary materials), low- allows for timely modification of Federal Register on June 29, 2017 (82 level comet and multi-shot devices mitigation or monitoring measures FR 29485). The notice stated that the similar to over-the-counter fireworks based on new information, when meeting would begin at 9:30 a.m. This (e.g., roman candles), and ground- appropriate. The MBNMS will submit notice corrects the start time in the reports as required. mounted set piece displays that are DATES section to begin at 9 a.m. All mostly static in nature. Each display is Based on these findings and the other information previously published unique according to the type and information discussed in the preamble remains the same. number of shells, the pace of the show, to the final rule, the activities described Dated: June 30, 2017. the length of the show, the acoustic under this LOA will have a negligible qualities of the display site, and even impact on marine mammal stocks and Tracey L. Thompson, the weather and time of day. An average will not have an unmitigable adverse Acting Deputy Director, Office of Sustainable large display will last 20 minutes and impact on the availability of the affected Fisheries, National Marine Fisheries Service. include 700 aerial shells and 750 low- marine mammal stock for subsistence [FR Doc. 2017–14152 Filed 7–5–17; 8:45 am] level effects. An average smaller display uses. BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE businesses that use or intend to use II. Method of Collection such marks in commerce may file an United States Patent and Trademark application to register their marks with The forms in this collection are Office the USPTO. available in electronic format through Such individuals and business may TEAS, which may be accessed on the Information Collection; Submissions also submit various communications to USPTO Web site. TEAS Global Forms Regarding Correspondence and the USPTO regarding their pending are available for the items where a TEAS Regarding Attorney Representation applications or registered trademarks, form with dedicated data fields is not (Trademarks) including providing additional yet available. Applicants may also information needed to process a submit the information in paper form by ACTION: Proposed extension of an pending application, filing amendments mail, fax, or hand delivery. existing information collection; to the applications, or filing the papers III. Data comment request. necessary to keep a trademark in force. Title of Collection: Submissions SUMMARY: The United States Patent and In the majority of circumstances, Regarding Correspondence and Trademark Office (USPTO), as required individuals and business retain Regarding Attorney Representation. by the Paperwork Reduction Act of attorneys to handle these matters. As 1995, invites comments on a proposed such, these parties may also submit OMB Control Number: 0651–0056. extension of an existing information communications to the USPTO IC Instruments and Forms: PTO collection: 0651–0056 (Submissions regarding the appointment of attorneys Forms 2196 and 2201. The TEAS Global to represent applicants or registrants in Regarding Correspondence and Forms: Replacement of Attorney of the application and post-registration Regarding Attorney Representation Record with Another Already- processes or, in the case of applicants or (Trademarks). Appointed Attorney and Request to registrants who are not domiciled in the Withdraw as Domestic Representative. DATES: Written comments must be United States, the appointment of Type of Review: Extension of a submitted on or before September 5, domestic representatives on whom may 2017. be served notices of process in Previously Existing Information Collection. ADDRESSES: You may submit comments proceedings affecting the mark, the Affected Public: Businesses or other by any of the following methods: revocation of an attorney’s or domestic for-profits; not-for-profit institutions; • Email: InformationCollection@ representative’s appointment, and individuals. uspto.gov. Include ‘‘0651–0056 requests for permission to withdraw comment’’ in the subject line of the from representation. Estimated Number of Respondents: message. The rules implementing the Act are 84,291 responses per year. Of this total, • Federal Rulemaking Portal: http:// set forth in 37 CFR part 2. In addition the USPTO estimates that most www.regulations.gov. to governing the registration of responses will be filed through TEAS. • Mail: Marcie Lovett, Records and trademarks, the Act and rules also Estimated Time per Response: The Information Governance Division govern the appointment and revocation USPTO estimates that the response time Director, Office of the Chief Technology of attorneys and domestic for activities related to this collection Officer, United States Patent and representatives and provide the will take the public approximately 5 to Trademark Office, P.O. Box 1450, specifics for filing requests for 30 minutes (0.08 to 0.50 hours) to Alexandria, VA 22313–1450. permission to withdraw as the attorney complete this information (See Table 1). of record. The information in this This includes the time to gather the FOR FURTHER INFORMATION CONTACT: collection is available to the public. Requests for additional information necessary information, prepare the The information in this collection can requests, and submit them to the should be directed to Catherine Cain, be submitted in paper form or Attorney Advisor, United States Patent USPTO. The time estimates shown for electronically through the Trademark the electronic forms in this collection and Trademark Office, P.O. Box 1450, Electronic Application System (TEAS). Alexandria, VA 22313–1450; by are based on the average amount of time The information in this collection can needed to complete and electronically telephone at 571–272–5966; or by email be collected in three different formats: file the associated form. to [email protected] with paper format, electronically using TEAS ‘‘0651–0056 comment’’ in the subject forms with dedicated data fields, or Estimated Time Annual Burden line. Additional information about this electronically using the TEAS Global Hours: 7,840.77 hours. collection is also available at http:// Form format. The TEAS Global Form Estimated Total Annual Respondent www.reginfo.gov under ‘‘Information format permits the USPTO to collect (Hourly) Cost Burden: $3,214,715.70 Collection Review.’’ information electronically when a TEAS The USPTO expects that attorneys will SUPPLEMENTARY INFORMATION form having dedicated data fields is not complete these applications. The yet available. professional hourly rate for attorneys is I. Abstract This collection currently has two $410. The rate is established by The United States Patent and TEAS forms and two TEAS Global estimates in the 2015 Report on the Trademark Office (USPTO) administers Forms. There are no official paper forms Economic Survey, published by the the Trademark Act, 15 U.S.C. 1051 et for the items in this collection. Committee on Economics of Legal seq., which provides for the Federal Individuals and businesses can submit Practice of the American Intellectual registration of trademarks, service their own paper forms, following the Property Law Association. Using this marks, collective trademarks and service USPTO’s rules and guidelines to ensure hourly rate, the USPTO estimates that marks, collective membership marks, that all of the necessary information is the total respondent burden for this and certification marks. Individuals and provided. collection is $3,214,715.70 per year.
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TABLE 1—TOTAL RESPONDENT HOUR AND COST BURDEN
Estimated time Estimated Estimated Estimated total IC No. Item for response annual annual burden Rate annual hourly (hour) responses hours ($/hr) cost burden
(a) (b) (c) (d) (e) (a) × (b) (c) × (d)
1. Revocation, Appointment, and/or Change of Address of Attorney/Domestic Represent- ative (Paper) ...... 0.17 150 25.50 $410.00 $10,455.00 1. Revocation, Appointment, and/or Change of Address of Attorney/Domestic Represent- ative (TEAS) ...... 0.08 75,000 6,000.00 410.00 2,460,000.00 2. Request for Withdrawal as Attorney of Record/Update of USPTO’s Database After Power of Attorney Ends (Paper) ...... 0.25 18 4.50 410.00 1,845.00 2. Request for Withdrawal as Attorney of Record/Update of USPTO’s Database After Power of Attorney Ends (TEAS) ...... 0.20 9,000 1,8000 410.00 738,000.00 3. Replacement of Attorney of Record with Another Already-Appointed Attorney (Paper) 0.50 1 0.50 410.00 205.00 3. Replacement of Attorney of Record with Another Already-Appointed Attorney (TEAS Global) ...... 0.50 1 0.50 410.00 205.00 4. Request to Withdraw as Domestic Rep- resentative (Paper) ...... 0.17 1 0.17 410.00 69.70 4. Request to Withdraw as Domestic Rep- resentative (TEAS Global) ...... 0.08 120 9.60 410.00 3,936.00
Total ...... 84,291 7,840.77 ...... 3,214,715.70
Estimated Total Annual (Non-Hour) collection does have postage costs estimates that the majority (98%) of the Respondent Cost Burden: There are no associated with it. Applicants incur paper forms are submitted to the USPTO filing fees or capital start-up, postage costs when submitting the via first-class mail. The USPTO maintenance, operation, or information in paper format to the estimates that 289 paper submissions recordkeeping costs associated with this USPTO by mail through the United will be mailed for a total non-hour information collection. However, this States Postal Service. The USPTO respondent cost burden of $82.81.
TABLE 2—POSTAGE COSTS
Estimated annual Total postage IC No./Item responses Postage cost cost
(a) (b)
1. Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/ Domestic Representative (Paper) ...... 150 $0.49 $73.50 2. Request for Permission to Withdraw as Attorney of Record (Paper) ...... 18 0.49 8.82 3. Replacement of Attorney of Records with Another Already Appointed Attorney (Paper) ...... 1 0.49 0.49 4. Request to Withdraw as Domestic Representative (Paper) ...... 120 0.49 58.80
Total ...... 289 82.81
Therefore, the USPTO estimates that (a) Whether the proposed collection of respondents, e.g., the use of automated the total annual (non-hour) cost burden information is necessary for the proper collection techniques or other forms of for this collection is $82.81 due to performance of the functions of the information technology. postage costs. agency, including whether the information shall have practical utility; Marcie Lovett, IV. Request for Comments (b) the accuracy of the agency’s Records and Information Governance Division Director, OCTO, United States Patent Comments submitted in response to estimate of the burden (including hours and cost) of the proposed collection of and Trademark Office. this notice will be summarized or [FR Doc. 2017–14181 Filed 7–5–17; 8:45 am] included in the request for OMB information; BILLING CODE 3510–16–P approval of this information collection. (c) ways to enhance the quality, They also will become a matter of utility, and clarity of the information to public record. be collected; and (d) ways to minimize the burden of Comments are invited on: the collection of information on
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DEPARTMENT OF COMMERCE Once submitted, the request will be (1) By mail sent to: Corporation for publicly available in electronic format National and Community Service; United States Patent and Trademark through reginfo.gov. Follow the Attention Amy Borgstrom, Room Office instructions to view Department of 10508B; 250 E Street SW., Washington, Commerce collections currently under DC, 20525. Submission for OMB Review; review by OMB. (2) By hand delivery or by courier to Comment Request; Global Intellectual Further information can be obtained the CNCS mailroom at Room 8100 at the Property Academy (GIPA) Surveys by: mail address given in paragraph (1) • Email: InformationCollection@ The United States Patent and above, between 9:00 a.m. and 4:00 p.m. uspto.gov. Include ‘‘0651–0065 copy Trademark Office (USTPO) will submit Eastern Time, Monday through Friday, request’’ in the subject line of the to the Office of Management and Budget except federal holidays. message. (3) Electronically through (OMB) for clearance the following • Mail: Marcie Lovett, Records and www.regulations.gov. proposal for collection of information Information Governance Division under the provisions of the Paperwork Individuals who use a Director, Office of the Chief Technology telecommunications device for the deaf Reduction Act (44 U.S.C. Chapter 35). Officer, United States Patent and Title: Global Intellectual Property (TTY–TDD) may call 1–800–833–3722 Trademark Office, P.O. Box 1450, between 8:00 a.m. and 8:00 p.m. Eastern Academy (GIPA) Surveys. Alexandria, VA 22313–1450. OMB Control Number: 0651–0065. Time, Monday through Friday. Written comments and Comments submitted in response to Form Number(s): None. recommendations for the proposed Type of Request: Regular. this notice may be made available to the information collection should be sent on public through regulations.gov. For this Number of Respondents: 450 per year. or before August 7, 2017 to Nicholas A. Average Hours per Response: 0.25 reason, please do not include in your Fraser, OMB Desk Officer, via email to comments information of a confidential hours (15 minutes). [email protected], or by Burden Hours: 112.50 hours. nature, such as sensitive personal fax to 202–395–5167, marked to the information or proprietary information. Cost Burden: $0.00. attention of Nicholas A. Fraser. Needs and Uses: The pre-program, If you send an email comment, your post-program, and alumni surveys will Marcie Lovett, email address will be automatically be used to obtain feedback from the Records and Information Governance captured and included as part of the participants of the various GIPA training Division Director, OCTO, United States Patent comment that is placed in the public classes. The pre-program surveys allow and Trademark Office. docket and made available on the participants to provide feedback on the [FR Doc. 2017–14182 Filed 7–5–17; 8:45 am] Internet. Please note that responses to program expectations and training BILLING CODE 3510–16–P this public comment request containing needs immediately prior to participating any routine notice about the in the GIPA training programs. The confidentiality of the communication post-program surveys allow participants CORPORATION FOR NATIONAL AND will be treated as public comment that to provide feedback on program COMMUNITY SERVICE may be made available to the public effectiveness, service, facilities, teaching notwithstanding the inclusion of the practices, and processes immediately Proposed Information Collection; routine notice. after completing the GIPA training Comment Request FOR FURTHER INFORMATION CONTACT: programs. The alumni surveys allow AGENCY: Corporation for National and Amy Borgstrom, 202–606–6930, or by participants to provide feedback on Community Service. email at [email protected]. program effectiveness approximately ACTION: Notice. SUPPLEMENTARY INFORMATION: CNCS, as one year after completing the GIPA part of its continuing effort to reduce training programs. SUMMARY: The Corporation for National paperwork and respondent burden, The USPTO will use the data and Community Service (CNCS) is conducts a pre-clearance consultation collected from the surveys to evaluate soliciting comments on the following program to provide the general public the percentage of foreign officials proposed Generic Information and federal agencies with an trained by GIPA who have initiated or Collection Request (Generic ICR): opportunity to comment on proposed implemented a positive intellectual ‘‘Generic Clearance for the Collection of and/or continuing collections of property change in their organization Pilot and Test Data’’ for approval under information in accordance with the and to evaluate the percentage of foreign the Paperwork Reduction Act (PRA). Paperwork Reduction Act of 1995 officials trained by GIPA who increased This collection was developed as part of (PRA95) (44 U.S.C. Sec. 3506(c)(2)(A)). their expertise in intellectual property. a Federal Government-wide effort to This program helps to ensure that The data will also be used to evaluate streamline the process for seeking requested data can be provided in the the satisfaction of the participants with feedback from the public on service desired format, reporting burden (time the intellectual property program and delivery. This notice announces our and financial resources) is minimized, the value of the experience as it relates intent to submit this collection to OMB collection instruments are clearly to future job performance. The USPTO for approval and solicits comments on understood, and the impact of collection also uses the survey data to meet specific aspects for the proposed requirement on respondents can be organizational performance and information collection. properly assessed. accountability goals. DATES: Written comments must be Copies of the information collection Affected Public: Businesses or other submitted to the individual and office request can be obtained by contacting for-profits; not-for-profit institutions. listed in the ADDRESSES section by the office listed in the ADDRESSES Frequency: On occasion. September 5, 2017. section of this notice. Respondent’s Obligation: Voluntary. ADDRESSES: You may submit comments, CNCS is particularly interested in OMB Desk Officer: Nicholas A. Fraser, identified by the title of the information comments that: email: Nicholas_A._Fraser@ collection activity, by any of the • Evaluate whether the proposed omb.eop.gov. following methods: collection of information is necessary
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for the proper performance of the • Personally identifiable information Average Time per Response: 7,500 functions of CNCS, including whether (PII) is collected only to the extent minutes for 50 respondents to respond the information will have practical necessary and is not retained; to test or pilot surveys. 300 minutes for utility; • Information gathered will be used 50 participants to participate in five • Evaluate the accuracy of the only internally for general service focus groups. 3,000 minutes for 50 agency’s estimate of the burden of the improvement and program management participants to participate in individual proposed collection of information, purposes and is not intended for release interviews. including the validity of the outside of the agency; Estimated Total Burden Hours: methodology and assumptions used; • Information gathered will not be 10,800. • Enhance the quality, utility, and used for the purpose of substantially clarity of the information to be informing influential policy decisions; Total Burden Cost (capital/startup): collected; and and None. • Minimize the burden of the • Information gathered will yield Total Burden Cost (operating/ collection of information on those who qualitative information; the collections maintenance): None. are expected to respond, including the will not be designed or expected to use of appropriate automated, yield statistically reliable results or used Request for Comments electronic, mechanical, or other as though the results are generalizable to Comments submitted in response to technological collection techniques or the population of study. this notice will be summarized and/or other forms of information technology Feedback collected under this generic (e.g., permitting electronic submissions clearance provides useful information, included in the request for OMB of responses). but it does not yield data that can be approval. Comments are invited on: (a) generalized to the overall population. Whether the collection of information is Background This type of generic clearance for necessary for the proper performance of CNCS seeks to renew this generic qualitative information will not be used the functions of the agency, including information collection in order to for quantitative information collections whether the information shall have conduct focus groups and pilot test that are designed to yield reliably practical utility; (b) the accuracy of the planned surveys. actionable results, such as monitoring agency’s estimate of the burden of the trends over time or documenting collection of information; (c) ways to Current Action program performance. Such data uses enhance the quality, utility, and clarity The information collection activity require more rigorous designs that of the information to be collected; (d) will enable pilot testing of survey address: the target population to which ways to minimize the burden of the instruments in an efficient, timely generalizations will be made, the collection of information on manner, in accordance with the sampling frame, the sample design respondents, including through the use Administration’s commitment to (including stratification and clustering), of automated collection techniques or improving service delivery. By pilot the precision requirements or power other forms of information technology; testing we mean information that calculations that justify the proposed and (e) estimates of capital or start-up provides useful insights on how sample size, the expected response rate, costs and costs of operation, respondents interact with the methods for assessing potential non- maintenance, and purchase of services instrument, but are not statistical response bias, the protocols for data to provide information. Burden means surveys that yield quantitative results collection, and any testing procedures the total time, effort, or financial that can be generalized to the that were or will be undertaken prior to resources expended by persons to population of study. This feedback will fielding the study. Depending on the generate, maintain, retain, disclose or provide insights into customer or degree of influence the results are likely provide information to or for a Federal stakeholder perceptions, experiences to have, such collections may still be and expectations regarding prospective eligible for submission for other generic agency. This includes the time needed studies. It will also allow feedback to mechanisms that are designed to yield to review instructions; to develop, contribute directly to the improvement quantitative results. acquire, install and utilize technology of research program management. As a general matter, information and systems for the purpose of The Agency will only submit a collections will not result in any new collecting, validating and verifying collection for approval under this system of records containing privacy information, processing and generic clearance if it meets the information and will not ask questions maintaining information, and disclosing following conditions: of a sensitive nature, such as sexual and providing information; to train • The collections are voluntary; behavior and attitudes, religious beliefs, personnel and to be able to respond to • The collections are low-burden for and other matters that are commonly a collection of information, to search respondents (based on considerations of considered private. data sources, to complete and review total burden hours, total number of Type of Review: Renewal. the collection of information; and to respondents, or burden-hours per Agency: Corporation for National and transmit or otherwise disclose the respondent) and are low-cost for both Community Service. information. the respondents and the Federal Title: Generic Clearance for the All written comments will be Government; Testing/Piloting of Survey Instruments. • available for public inspection on The collections are non- OMB Number: 3045–0163. regulations.gov. controversial and do not raise issues of Agency Number: None. concern to other Federal agencies; Affected Public: Individuals and Dated: June 22, 2017. • Any collection is targeted to the Households; Businesses and Mary Hyde, solicitation of opinions from Organizations; State, Local or Tribal Acting Director, Research and Evaluation. respondents who have experience with Governments. [FR Doc. 2017–14098 Filed 7–5–17; 8:45 am] Total Respondents: 350. the program or may have experience BILLING CODE 6050–28–P with the program in the near future; Frequency: Annual.
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DEPARTMENT OF DEFENSE announce that the following Federal 10:45 a.m.–12:45 p.m. DAC–IPAD Advisory Committee meeting of the Strategic Planning Session; 12:45 p.m.– Department of the Army Defense Advisory Committee on 1:30 p.m. Lunch; 1:30 p.m.–4:30 p.m. Investigation Prosecution and Defense DAC–IPAD Strategic Planning Session Army Science Board Closed Meeting of Sexual Assault in the Armed Forces (Continued); 4:30 p.m.–4:45 p.m. Public Notice will take place. Comment; 4:45 p.m. Meeting AGENCY: Department of the Army, DoD. DATES: Open to the public, Friday, July Adjourned. 21, 2017, from 8:30 a.m. to 4:45 p.m. Meeting Accessibility: Pursuant to 5 ACTION: Notice; meeting time U.S.C. 552b and 41 CFR 102–3.140 corrections. ADDRESSES: One Liberty Center, 875 N. Randolph Street, Suite 1432, Arlington, through 102–3.165, and the availability SUMMARY: The meeting times for four Virginia 22203. of space, this meeting is open to the public. Seating is limited and is on a Fiscal Year 2017 (FY17) ASB studies FOR FURTHER INFORMATION CONTACT: first-come basis. Visitors are required to being presented on July 20, 2017, which Dwight Sullivan, 703–695–1055 (Voice), sign in at the One Liberty Center published in the Federal Register on 703–693–3903 (Facsimile), security desk and must leave Thursday, June 22, 2017 (82 FR 28484) [email protected] (Email). government-issued photo identification are changed to the following: Mailing address is DACIPAD, One Capabilities To Operate in Megacities on file and wear a visitor badge while Liberty Center, 875 N. Randolph Street, in the building. Department of Defense and Dense Urban Areas. This study is Suite 150, Arlington, Virginia 22203. classified and will be presented in a Common Access Card (CAC) holders Web site: http://dacipad.whs.mil/. The who do not have authorized access to closed meeting at 1115–1215. most up-to-date changes to the meeting Improving Transition of Laboratory One Liberty Center must provide an agenda can be found on the Web site. alternate form of government-issued Programs Into Warfighting Capabilities SUPPLEMENTARY INFORMATION: This Through Experimentation. This study is photo identification to leave on file with meeting is being held under the security while in the building. All not classified and will be presented provisions of the Federal Advisory during an open portion of the meeting visitors must pass through a metal Committee Act (FACA) of 1972 (5 detection security screening. at 1330–1430. U.S.C., Appendix, as amended), the Multi-Domain Battle. This study is Individuals requiring special Government in the Sunshine Act of accommodations to access the public classified and will be presented in the 1976 (5 U.S.C. 552b, as amended), and meeting should contact the DAC–IPAD closed meeting at 0845–0945. 41 CFR 102–3.140 and 102–3.150. at whs.pentagon.em.mbx.dacipad@ The Future Character of Warfare and For further information please contact mail.mil at least five (5) business days Required Capabilities. This study is the DAC–IPAD staff director, Captain prior to the meeting so that appropriate classified and will be presented in a Tammy Tideswell, JAGC, U.S. Navy, arrangements can be made. In the event closed meeting at 1000–1100. One Liberty Center, 875 N. Randolph the Office of Personnel Management FOR FURTHER INFORMATION CONTACT: Street, Suite 150, Arlington, Virginia closes the government due to inclement Army Science Board, Designated 22203 via email weather or for any other reason, please Federal Officer, 2530 Crystal Drive, whs.pentagon.em.mbx.dacipad@ consult the Web site for any changes to Suite 7098, Arlington, VA 22202; MAJ mail.mil; phone (703) 693–3867; or the public meeting date or time. Sean M. Madden, the committee’s facsimile (703) 693–3903. For Written Statements: Pursuant to 41 Designated Federal Officer (DFO), at submitting written comments or CFR 102–3.140 and section 10(a)(3) of (703)–545–8652 or email: questions to the Panel, send via email to the Federal Advisory Committee Act of [email protected], or Mr. mailbox address: 1972, the public or interested Paul Woodward at (703)–695–8344 or whs.pentagon.em.mbx.dacipad@ organizations may submit written email: [email protected]. mail.mil. comments to the Committee about its SUPPLEMENTARY INFORMATION: None. Purpose of the Meeting: In section 546 mission and topics pertaining to this of the National Defense Authorization public session. Written comments must Brenda S. Bowen, Act for Fiscal Year 2015 (Pub. L. 113– be received by the DAC–IPAD at least Army Federal Register Liaison Officer. 291), as modified by section 537 of the five (5) business days prior to the [FR Doc. 2017–14160 Filed 7–5–17; 8:45 am] National Defense Authorization Act for meeting date so that they may be made BILLING CODE 5001–03–P Fiscal Year 2016 (Pub. L. 114–92), available to the Committee members for Congress tasked the DAC–IPAD to their consideration prior to the meeting. advise the Secretary of Defense on the Written comments should be submitted DEPARTMENT OF DEFENSE investigation, prosecution, and defense via email to the DAC–IPAD at of allegations of rape, forcible sodomy, whs.pentagon.em.mbx.dacipad@ Office of the Secretary sexual assault, and other sexual mail.mil in the following formats: Defense Advisory Committee on misconduct involving members of the Adobe Acrobat or Microsoft Word. Investigation Prosecution and Defense Armed Forces. This will be the third Please note that since the DAC–IPAD of Sexual Assault in the Armed Forces; public meeting held by the DAC–IPAD. operates under the provisions of the Notice of Federal Advisory Committee At this meeting, the Committee will Federal Advisory Committee Act, as Meeting receive a presentation on the mechanics amended, all written comments will be of a sexual assault investigation from a treated as public documents and will be AGENCY: General Counsel of the representative of each Service’s military made available for public inspection. Department of Defense, Department of criminal investigation organization Oral statements from the public will be Defense. followed by a Committee strategic permitted, though the number and ACTION: Notice of Federal Advisory planning session. length of such oral statements may be Committee meeting. Agenda: 8:30 a.m.–8:45 a.m. Welcome limited based on the time available and and Introduction; 8:45 a.m.–10:45 a.m. the number of such requests. Oral SUMMARY: The Department of Defense Presentation on the Mechanics of a presentations by members of the public (DoD) is publishing this notice to Military Sexual Assault Investigation; will be permitted from 4:30 p.m. to 4:45
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p.m. on July 21, 2017, in front of the Meeting Accessibility: Pursuant to 5 Extension’’ and is NCDOT Project 44604 Committee members. U.S.C. 552b and 41 CFR 102–3.140 and SCDOT Project P029554. In Dated: June 30, 2017. through 102–3.165, and the availability accordance with the National Environmental Policy Act (NEPA), the Aaron Siegel, of space, this meeting is open to the public. COE is the lead Federal agency Alternate OSD Federal Register Liaison Committee’s Designated Federal responsible for the preparation of the Officer, Department of Defense. Officer or Point of Contact: Dr. Jane M. DEIS. Information included in the DEIS [FR Doc. 2017–14198 Filed 7–5–17; 8:45 am] Arabian, Assistant Director, Accession will serve as the basis for the COE’s BILLING CODE 5001–06–P Policy, Office of the Under Secretary of evaluation of the proposed project Defense for Personnel and Readiness, pursuant to Section 404 of the Clean Room 3D1066, The Pentagon, Water Act (CWA). As directed by CEQ DEPARTMENT OF DEFENSE Washington, DC 20301–4000, email: regulations implementing NEPA, the Office of the Secretary [email protected], telephone COE will cooperate with the NCDOT to (703) 697–9271. the fullest extent possible to reduce Defense Advisory Committee on Written Statements: Persons desiring duplication between NEPA and the Military Personnel Testing; Notice of to make oral presentations or submit North Carolina Environmental Policy Federal Advisory Committee Meeting written statements for consideration at Act of 1971 (SEPA). Therefore, the DEIS the committee meeting must contact the will also serve as the basis for the AGENCY: Under Secretary of Defense for DFO, Dr. Jane Arabian at the address or NCDOT’s evaluation of the proposed Personnel and Readiness, Department of telephone number in FOR FURTHER project pursuant to SEPA. The DEIS will Defense. INFORMATION CONTACT no later than July assess the potential effects of the ACTION: Notice of Federal Advisory 14, 2017. proposed project and a range of Committee meeting. Dated: June 30, 2017. reasonable project alternatives on Aaron Siegel, impacts to navigable waters and other SUMMARY: The Department of Defense waters of the United States, including (DoD) is publishing this notice to Alternate OSD Federal Register Liaison Officer, Department of Defense. wetlands. The DEIS will also provide announce that the following Federal information for Federal, State, and local Advisory Committee meeting of the [FR Doc. 2017–14155 Filed 7–5–17; 8:45 am] agencies having other jurisdictional Defense Advisory Committee on BILLING CODE 5001–06–P responsibility. Military Personnel Testing will take FOR FURTHER INFORMATION CONTACT: place. DEPARTMENT OF DEFENSE Questions about the COE’s review of the DATES: Day 1: Open to the public proposed action, including preparation Thursday, July 27, 2017 from 9:00 a.m. Department of the Army, Corps of of the DEIS, can be directed to Mr. Brad to 4:00 p.m. Day 2: Open to the public Engineers Shaver, Regulatory Project Manager Friday, July 28, 2017 from 9:00 a.m. to (Wilmington District), Wilmington 12:00 p.m. Notice of Intent To Prepare a Draft Regulatory Field Office, 69 Darlington Environmental Impact Statement ADDRESSES: Avenue, Wilmington, NC 28403, by The address of the meeting (DEIS) in Cooperation With the North is the Doubletree Hotel, 525 West telephone: (910) 251–4611, or by email Carolina Department of Transportation at [email protected] or Lafayette Boulevard, Detroit, Michigan and South Carolina Department of 48226. Mr. John Policarpo, Regulatory Project Transportation for Extending SC 31 Manager (Charleston District), FOR FURTHER INFORMATION CONTACT: Jane (Carolina Bays Parkway), in Horry Charleston Regulatory Field Office, 69A Arabian, (703) 697–9271 (Voice), (703) County, South Carolina, To Connect to Hagood Avenue, Charleston, SC 29403, 614–9272 (Facsimile). Email: US 17, in Brunswick County, North by telephone: (843) 329–8043, or by [email protected]. Mailing Carolina email at John.N.Policarpo@ address is Assistant Director, Accession AGENCY: Department of the Army, U.S. USACE.army.mil. Questions about the Policy, Office of the Under Secretary of NCDOT’s involvement with the Defense for Personnel and Readiness, Army Corps of Engineers. ACTION: Notice of intent. proposed project, including use of the Room 3D1066, The Pentagon, DEIS for purposes of SEPA, can be Washington, DC 20301–4000. SUMMARY: The U.S. Army Corps of directed to Ms. Kim Gillespie P.E., SUPPLEMENTARY INFORMATION: This Engineers, Wilmington District, NCDOT Project Planning Engineer, meeting is being held under the Wilmington Regulatory Division and the telephone: (919) 707–6023. Questions provisions of the Federal Advisory U.S. Army Corps of Engineers, about SCDOT’s involvement with Committee Act (FACA) of 1972 (5 Charleston District, Charleston proposed project can be directed to Ms. U.S.C., Appendix, as amended), the Regulatory Division (collectively COE) Leah Quattlebaum P.E., SCDOT Program Government in the Sunshine Act of are issuing this notice to advise the Manager, telephone (803) 737–1751. 1976 (5 U.S.C. 552b, as amended), and public that a State (North Carolina SUPPLEMENTARY INFORMATION: The COE 41 CFR 102–3.140 and 102–3.150. Department of Transportation [NCDOT] is evaluating a proposal from the Purpose of the Meeting: The purpose and South Carolina Department of NCDOT and SCDOT in accordance with of the meeting is to review planned Transportation [SCDOT]) funded Draft Section 404 of the CWA and NEPA. changes and progress in developing Environmental Impact Statement (DEIS) Based on the available information, the computerized tests for military will be prepared for improvements to COE has determined that the proposed enlistment screening. SC 31 starting near Little River, Horry project has the potential to significantly Agenda: The agenda includes an County, South Carolina and running affect the quality of the human and overview of current enlistment test northeast to US 17, in an area between natural environment, and therefore development timelines, test Calabash and Shallotte, Brunswick warrants the preparation of an EIS. development strategies, and planned County, North Carolina. This project is Description of the Proposed Project. research for the next 3 years. called the ‘‘Carolina Bays Parkway The NCDOT and SCDOT are proposing
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transportation improvements from SC and the maintenance and enhancement state agencies under both the NEPA and 31, in Little River, Horry County, South of long-term productivity, and any the SEPA, respectively. Therefore, the Carolina, to US 17, near Shallotte, irreversible or irretrievable COE will serve as the lead Federal Brunswick County, North Carolina. This commitments of resources which would agency for the NEPA process. The EIS proposed project is called the ‘‘Carolina be involved in the proposal should it be will serve as the NEPA document for the Bays Parkway Extension’’ and is implemented. The EIS will assess a COE, and as the SEPA document for the NCDOT Project 44604 and SCDOT reasonable number of alternatives and State of North Carolina. Project P029554. identify and disclose the direct impacts Within the EIS, the COE will conduct Based on the 2006 Feasibility Study, of the proposed project on the a thorough environmental review, the Carolina Bays Parkway (CBP) following: Topography, geology, soils, including an evaluation of a reasonable Extension is needed to improve climate, biotic communities, wetlands, number of alternatives. After motorists’ mobility and manage existing fish and wildlife resources, endangered distribution and review of the Draft EIS, and future traffic congestion projected and threatened species, hydrology, consideration of public comment, and along US 17 and other roadways such as water resources and water quality, issuance of a Final EIS, the Wilmington S–57/SR 1303 (Hickman Road) within floodplains, hazardous materials, air District and the Charleston District will Horry and Brunswick Counties. The quality, noise, aesthetics, recreational produce a Federal ROD that will preliminary project study area is resources, historical and cultural document the completion of the EIS roughly bounded on the southwest at resources, socioeconomics, land use, process and serve as a basis for the interchange of SC 31 and SC 9 near public health and safety, energy permitting decisions. In accordance Little River, Horry County, South requirements and conservation, natural with SEPA, the State of North Carolina Carolina, and runs northeast near SR or non-renewable resources, drinking will issue a separate NC State ROD. 1303 (Hickman Road) and finally along waters, and environmental justice. To ensure that the full range of issues the existing US 17 corridor up to the Secondary and cumulative related to this proposed action are Town of Shallotte, Brunswick County, environmental impacts: Cumulative addressed and all significant issues North Carolina. The final project study impacts result from the incremental identified, comments and suggestions area and purpose and need for the impact of the proposed action when are invited from all interested parties. project will be further defined during added to past, present, and reasonably Comments or questions concerning this development of the DEIS. foreseeable future actions, regardless of proposed action and the EIS should be To the extent practicable and what agency or person undertakes the directed to the COE at the address consistent with COE oversight, this action. Geographic Information System provided. The Wilmington District and project is expected to be reviewed using (GIS) data and mapping will be used to Charleston District will issue Public the same or similar procedures as set evaluate and quantify secondary and Notices consistent with CEQ forth in the merger process, as cumulative impacts of the proposed requirements. implemented in the State of North project with particular emphasis given Carolina. This merger process is a to wetlands and surface/groundwater Dated: June 27, 2017. synchronized review process resources. Scott McLendon, performing the various environmental Mitigation: CEQ regulations (40 CFR Chief, Regulatory Division. review and permitting procedures or 1502.14, 1502.16, and 1508.20) require [FR Doc. 2017–14214 Filed 7–5–17; 8:45 am] consultation requirements necessary for the EIS to include appropriate BILLING CODE 3720–58–P a proposed project in a concurrent mitigation measures. The COE has fashion. The process would provide a adopted a mitigation policy which forum for appropriate agency embraces the concepts of ‘‘no net loss of DEPARTMENT OF EDUCATION representatives to discuss and reach wetlands’’ and project sequencing. This consensus on ways to facilitate meeting policy supports the overall goal to [Docket No. ED–2017–ICCD–0053] the regulatory requirements of Section restore and maintain the chemical, 404 of the CWA during the NEPA/SEPA biological, and physical integrity of Agency Information Collection decision-making phase of transportation ‘‘Waters of the United States,’’ Activities; Submission to the Office of projects. specifically wetlands. Mitigation of Management and Budget for Review The CBP project has roots back to the wetland impacts has been defined by and Approval; Comment Request; 1980s and was revitalized with the CEQ to include: Avoidance of Federal Direct Loan Program and coordination in the 2000s culminating impacts (to wetlands), minimizing Federal Family Education Loan in a feasibility study produced in July impacts, rectifying impacts, reducing Program Teacher Loan Forgiveness of 2006. The feasibility study can be impacts over time, and compensating Forms located on the project Web page at: for impacts (40 CFR 1508.20). Each of AGENCY: https://www.ncdot.gov/projects/CBP/. these aspects (avoidance, minimization, Federal Student Aid (FSA), The current effort by the COE, NCDOT and compensatory mitigation) must be Department of Education (ED). and SCDOT anticipates a DEIS considered in sequential order. As part ACTION: Notice. completed by 2020 and the Final of the EIS, and in accordance with CEQ SUMMARY: In accordance with the Environmental Impact Statement (FEIS) regulations and COE regulations (33 Paperwork Reduction Act of 1995, ED is completed by 2022. CFR 320.4(r) and 33 CFR part 332), the proposing an extension of an existing Environmental consequences: CEQ NCDOT and SCDOT will develop a information collection. regulations (40 CFR 1502.16) state the compensatory mitigation plan detailing EIS will include the environmental the methodology and approach to DATES: Interested persons are invited to impacts of the alternatives including the compensate for unavoidable impacts to submit comments on or before August 7, proposed action, any adverse waters of the U.S., including streams 2017. environmental effects which cannot be and wetlands. ADDRESSES: To access and review all the avoided should the proposal be NEPA/SEPA Preparation and documents related to the information implemented, the relationship between Permitting: The proposed project collection listed in this notice, please short-term uses of man’s environment requires approvals from federal and use http://www.regulations.gov by
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searching the Docket ID number ED– Total Estimated Number of Annual (HVDC) electric transmission line that is 2017–ICCD–0053. Comments submitted Responses: 8,700. to originate at an HVDC converter in response to this notice should be Total Estimated Number of Annual station near Sherbrooke, Que´bec, submitted electronically through the Burden Hours: 2,871. Canada; connect to a facility in Federal eRulemaking Portal at http:// Abstract: The Teacher Loan Franklin, New Hampshire, that will www.regulations.gov by selecting the Forgiveness (TLF) Application serves as convert the line’s direct current to Docket ID number or via postal mail, the means by which an eligible Direct alternating current (AC); and continue commercial delivery, or hand delivery. Loan or FFEL program borrower who from there to its southern terminus in Please note that comments submitted by has completed five consecutive years of Deerfield, New Hampshire. The fax or email and those submitted after qualifying teaching service applies for proposed facilities will be capable of the comment period will not be forgiveness of up to $5,000 or up to transmitting up to 1,090 megawatts accepted. Written requests for $17,500 of his or her eligible loans. (MW) of power. The amended information or comments submitted by Eligible special education teachers and applications are summarized below. postal mail or delivery should be secondary school math or science DOE hereby announces the availability addressed to the Director of the teachers may receive a maximum of for public comment of a summary of the Information Collection Clearance $17,500 in loan forgiveness. Other interconnection facilities studies Division, U.S. Department of Education, teachers may receive a maximum of prepared for the NPT project. 400 Maryland Avenue SW., LBJ, Room $5,000 in loan forgiveness. Borrowers DATES: Comments must be submitted on 216–32, Washington, DC 20202–4537. who are working toward loan or before August 7, 2017. FOR FURTHER INFORMATION CONTACT: For forgiveness may use the TLF ADDRESSES: Comments should be specific questions related to collection Forbearance Request to request a addressed to: Christopher Lawrence, activities, please contact Jon Utz, 202– forbearance during some or all of their Office of Electricity Delivery and Energy 377–4040. required five consecutive years of Reliability, OE–20, U.S. Department of SUPPLEMENTARY INFORMATION: The teaching service. A prospective TLF Energy, 1000 Independence Avenue Department of Education (ED), in applicant may receive a forbearance SW., Washington, DC 20585–0001. accordance with the Paperwork during some or all of the five-year Because of delays in handling Reduction Act of 1995 (PRA) (44 U.S.C. teaching period only if the projected conventional mail, it is recommended 3506(c)(2)(A)), provides the general balance on the borrower’s eligible loans that documents be transmitted by public and Federal agencies with an at the end of the five-year period (if the overnight mail, by electronic mail to opportunity to comment on proposed, borrower made monthly loan payments [email protected] revised, and continuing collections of during that period) would be less than (preferred), or by facsimile to 202–586– information. This helps the Department the maximum forgiveness amount for 8008. which the borrower qualifies. assess the impact of its information FOR FURTHER INFORMATION CONTACT: collection requirements and minimize Dated: June 29, 2017. Christopher Lawrence (Program Office) the public’s reporting burden. It also Stephanie Valentine, at 202–586–5260, or via electronic mail helps the public understand the Acting Director, Information Collection at [email protected]; or Department’s information collection Clearance Division, Office of the Chief Privacy Rishi Garg (Program Attorney) at 202– requirements and provide the requested Officer, Office of Management. 586–0258, or via electronic mail at data in the desired format. ED is [FR Doc. 2017–14132 Filed 7–5–17; 8:45 am] [email protected]. soliciting comments on the proposed BILLING CODE 4000–01–P SUPPLEMENTARY INFORMATION: information collection request (ICR) that is described below. The Department of Background Education is especially interested in DEPARTMENT OF ENERGY Executive Order (EO) 10485 (Sept. 9, public comment addressing the 1953), as amended by EO 12038 (Feb. 7, following issues: (1) Is this collection [OE Docket No. PP–371] 1978), requires that a Presidential necessary to the proper functions of the Notice of Availability for Public permit be issued by DOE before Department; (2) will this information be Comment of Interconnection Facilities electricity transmission facilities may be processed and used in a timely manner; Studies Summary Prepared for the constructed, operated, maintained, or (3) is the estimate of burden accurate; Proposed Northern Pass Transmission connected at the U.S. border. DOE may (4) how might the Department enhance Project issue or amend a permit if it determines the quality, utility, and clarity of the that the permit is in the public interest information to be collected; and (5) how AGENCY: Office of Electricity Delivery and after obtaining favorable might the Department minimize the and Energy Reliability, U.S. Department recommendations from the U.S. burden of this collection on the of Energy. Departments of State and Defense. In respondents, including through the use ACTION: Notice of availability for public determining whether issuance of a of information technology. Please note comment of interconnection facilities permit for a proposed action is in the that written comments received in studies summary. public interest, DOE considers the response to this notice will be potential environmental impacts of the considered public records. SUMMARY: Northern Pass Transmission proposed project, the project’s impact Title of Collection: Federal Direct LLC (NPT) applied to the U.S. on electricity reliability by ascertaining Loan Program and Federal Family Department of Energy (DOE) for a whether the proposed project would Education Loan Program Teacher Loan Presidential permit to construct, adversely affect the operation of the U.S. Forgiveness Forms. operate, maintain, and connect an electric power supply system under OMB Control Number: 1845–0059. electric transmission line across the U.S. normal and contingency conditions, and Type of Review: An extension of an border with Canada, currently referred any other factors that DOE considers existing information collection. to as the Northern Pass Project. NPT relevant to the public interest. Respondents/Affected Public: would construct and operate an On October 14, 2010, NPT applied to Individuals or Households. overhead high-voltage direct current DOE for a Presidential permit to
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construct, operate, maintain, and of 1,090 MW, and included other design the issuance of a Presidential permit for connect an HVDC transmission line changes (e.g., change in converter the NPT Project. across the U.S.-Canada border (the technology and type of cable). A copy of Issued in Washington, DC, on June 28, proposed Project). On July 1, 2013, NPT the amended Presidential permit 2017. submitted an amended Presidential application and maps of the proposed Brian Mills, permit application to DOE. See 78 FR Project route can be found at the DOE Director, Transmission Development, 50,405 (Aug. 19, 2013). On August 31, environmental impact statement (EIS) Transmission Permitting and Technical 2015, NPT further amended its Web site (http:// Assistance, Office of Electricity Delivery and Presidential permit application. See 80 www.northernpasseis.us). Energy Reliability. FR 58,725 (Sept. 30, 2015). The Technical Reliability Studies [FR Doc. 2017–14165 Filed 7–5–17; 8:45 am] amended applications are summarized BILLING CODE 6450–01–P below. DOE considers the technical reliability impact of a Presidential Applicant’s Proposal permit application as part of the public DEPARTMENT OF ENERGY In its July 2013 amended application, interest determination, and typical NPT proposed to construct and operate practice is to review a study or studies Federal Energy Regulatory a primarily overhead HVDC electric prepared for interconnection purposes Commission transmission line that would originate at with entities such as the applicable an HVDC converter station to be regional transmission operator. In Combined Notice of Filings #1 constructed at the Des Cantons conjunction with the Independent Substation in Val-Joli, Que´bec, Canada; System Operator of New England (ISO– Take notice that the Commission run from there across the international NE), which operates the grid received the following electric corporate border to Franklin, New Hampshire, interconnected to the proposed Project, filings: where the current would be converted and NPT, the participating transmission Docket Numbers: EC17–134–000. from HVDC to AC; and continue on to owner, RLC Engineering prepared Applicants: Ameren Illinois its southern terminus in Deerfield, New interconnection facilities studies, which Company. Hampshire. Under this application, the consist of a system impact study and Description: Application of Ameren proposed facilities were to be capable of sub-synchronous torsional interaction Illinois Company for Authorization transmitting up to 1,200 MW of power. screening study. As a general practice, under Section 203 of the Federal Power The New Hampshire portion of the ISO–NE does not make such studies Act and Request for Expedited proposed Project would be a single- available to the public, as they consist Consideration. circuit, 300-kilovolt (kV) HVDC of critical electric infrastructure Filed Date: 6/28/17. transmission line running information (CEII). CEII includes Accession Number: 20170628–5195. approximately 153 miles from the U.S. specific engineering, vulnerability, or Comments Due: 5 p.m. ET 7/19/17. border crossing with Canada near detailed design information that could Take notice that the Commission Pittsburg, New Hampshire, to a new be useful to a person planning an attack received the following exempt HVDC-to-AC transformer facility to be on critical infrastructure. However, in wholesale generator filings: constructed in Franklin, New the interest of its commitment to Docket Numbers: EG17–121–000. Hampshire. From Franklin to the Project transparency, DOE has made available a Applicants: Cottonwood Wind terminus at the Public Service Company redacted executive summary of the Project, LLC. of New Hampshire’s existing Deerfield technical transmission studies, as Description: Notice of Self- Substation in Deerfield, New reviewed by ISO–NE to prevent Certification of Exempt Wholesale Hampshire, the proposed Project would publication of CEII, on DOE’s project Generator Status of Cottonwood Wind consist of 34 miles of 345-kV AC electric Web site at http:// Project, LLC. transmission line. The total length of the www.northernpasseis.us/ [first go to the Filed Date: 6/29/17. proposed Project would be ‘‘Project Library’’ and then select the Accession Number: 20170629–5045. approximately 187 miles. ‘‘Reliability Studies’’ section that has Comments Due: 5 p.m. ET 7/20/17. NPT’s August 2015 application been added at the very top of that page]. amendment changed the proposed DOE’s posting of the redacted executive Take notice that the Commission transmission line route by adding three summary of the Project’s received the following electric rate miles of buried transmission line interconnection facilities studies, as filings: adjacent to a road not previously well as this public comment invitation, Docket Numbers: ER10–2265–013; analyzed, adding two new transition are meant solely to respond to public ER10–1581–019; ER10–2262–007; stations (one in Bridgewater, New participation interests unique to this ER10–2346–009; ER10–2353–009; Hampshire and another in Bethlehem, case. The posting neither represents nor ER10–2355–009; ER10–2783–014; New Hampshire, to transition the will constitute a new DOE practice in ER10–2784–014; ER10–2795–014; transmission line between aboveground reviews of future Presidential permit ER10–2798–014; ER10–2799–014; and buried) of approximately one acre applications. ER10–2801–014; ER10–2875–014; each, and increasing the amount of All comments received in response to ER10–2878–014; ER10–2879–014; proposed buried transmission line from this Notice will be posted on DOE’s ER10–2880–014; ER10–2896–014; approximately eight miles to Presidential permit Web site at https:// ER10–2913–014; ER10–2947–014; approximately 60 miles with a total energy.gov/oe/services/electricity- ER10–2969–014; ER10–3223–008; proposed Project length of policy-coordination-and- ER11–2062–022; ER11–2107–013; approximately 192 miles. In addition, implementation/international- ER11–2108–013; ER11–2508–021; the amendment proposed a shift (less electricity-regulation/pending- ER11–2805–021; ER11–2863–011; than 100 feet) in the international applications under Docket No. PP–371 ER11–4307–022; ER11–4308–022; border crossing location, changed the and made a part of the record in this ER11–4351–009; ER12–261–021; ER13– project size from 1,200 MW to 1,000 proceeding to be considered by DOE 1745–009; ER13–1788–009; ER13–1789– MW with a potential transfer capability before making a final determination on 009; ER13–1801–009; ER13–1802–009;
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ER13–1965–012; ER14–1818–013; Wind Farm, LLC, Jericho Rise Wind Contract Trust Project SA No. 881 to be ER16–10 002. Farm LLC, Marble River, LLC, Meadow effective 6/30/2017. Applicants: NRG Power Marketing Lake Wind Farm LLC, Meadow Lake Filed Date: 6/29/17. LLC, Arthur Kill Power LLC, Astoria Wind Farm II LLC, Meadow Lake Wind Accession Number: 20170629–5005. Gas Turbine Power LLC, Boston Energy Farm III LLC, Meadow Lake Wind Farm Comments Due: 5 p.m. ET 7/20/17. Trading and Marketing LLC, IV LLC, Meadow Lake Wind Farm V Docket Numbers: ER17–1940–000. Conemaugh Power LLC, Connecticut Jet LLC, Paulding Wind Farm II LLC, Applicants: Midcontinent Power LLC, Devon Power LLC, Dunkirk Paulding Wind Farm III LLC, Sustaining Independent System Operator, Inc., Power LLC, El Segundo Power, LLC, Power Solutions LLC. Otter Tail Power Company. Energy Plus Holdings LLC, Forward Description: Updated Market Power Description: § 205(d) Rate Filing: WindPower LLC, GenOn Energy Analysis for the Northeast Region and 2017–06–29_SA 3018 OTP–MPC T–T Management, LLC, GenOn Mid-Atlantic, Notice of Non-Material Change in Status (T16–03) to be effective 8/29/2017. LLC, Green Mountain Energy Company, of Arkwright Summit Wind Farm LLC, Filed Date: 6/29/17. Independence Energy Group LLC, et. al. Accession Number: 20170629–5009. Indian River Power LLC, Keystone Filed Date: 6/28/17. Comments Due: 5 p.m. ET 7/20/17. Accession Number: 20170628–5204. Power LLC, Lookout Windpower, LLC, Docket Numbers: ER17–1941–000. Comments Due: 5 p.m. ET 8/28/17. Middletown Power LLC, Midwest Applicants: AEP Texas Central Generation, LLC, Montville Power LLC, Docket Numbers: ER17–1376–001. Company. NEO Freehold-Gen LLC, North Applicants: Midcontinent Description: Tariff Cancellation: AEP Community Turbines LLC, North Wind Independent System Operator, Inc. Texas Central TCC RS and SA Baseline Turbines LLC, NRG Bowline LLC, NRG Description: Compliance filing: 2017– _ Cancellation to be effective 6/30/2017. Canal LLC, NRG Chalk Point CT LLC, 06–29 Amendment to Stored Energy Filed Date: 6/29/17. NRG Chalk Point LLC, NRG Energy Resource-Type II Compliance to be Accession Number: 20170629–5015. Center Dover LLC, NRG Energy Center effective 12/1/2017. Comments Due: 5 p.m. ET 7/20/17. Paxton LLC, NRG Power Midwest LP, Filed Date: 6/29/17. NRG REMA LLC, NRG Wholesale Accession Number: 20170629–5041. Docket Numbers: ER17–1942–000. Generation LP, Oswego Harbor Power Comments Due: 5 p.m. ET 7/20/17. Applicants: AEP Texas North Company. LLC, Pinnacle Wind, LLC, Reliant Docket Numbers: ER17–1935–000. Energy Northeast LLC, RRI Energy Applicants: Bruce Power Inc. Description: Tariff Cancellation: AEP Services, LLC, Vienna Power LLC, Long Description: § 205(d) Rate Filing: NE Texas North OATT Concurrence Beach Peakers LLC. Category 1 Seller Request to be effective Cancellation to be effective 6/30/2017. Description: Updated Market Power 6/29/2017. Filed Date: 6/29/17. Analysis of the NRG Northeast MBR Filed Date: 6/28/17. Accession Number: 20170629–5036. Sellers. Accession Number: 20170628–5164. Comments Due: 5 p.m. ET 7/20/17. Filed Date: 6/28/17. Comments Due: 5 p.m. ET 7/19/17. Docket Numbers: ER17–1943–000. Accession Number: 20170628–5202. Docket Numbers: ER17–1936–000. Applicants: AEP Texas North Comments Due: 5 p.m. ET 8/28/17. Applicants: Southwest Power Pool, Company. Docket Numbers: ER15–1045–004. Inc. Description: Tariff Cancellation: AEP Applicants: Pilot Hill Wind, LLC. Description: § 205(d) Rate Filing: Texas North RS and SA Baseline Description: Market-Based Triennial Credit Policy Revisions to Increase Cancellation to be effective 6/30/2017. Review Filing: 2017 Triennial Market Unsecured Credit Allowance Maximum Filed Date: 6/29/17. Power Update for Northeast Region— to be effective 8/27/2017. Accession Number: 20170629–5037. Pilot Hill Wind to be effective 7/1/2017. Filed Date: 6/28/17. Comments Due: 5 p.m. ET 7/20/17. Filed Date: 6/28/17. Accession Number: 20170628–5186. Docket Numbers: ER17–1944–000. Accession Number: 20170628–5181. Comments Due: 5 p.m. ET 7/19/17. Applicants: AEP Texas Central Comments Due: 5 p.m. ET 8/28/17. Docket Numbers: ER17–1937–000. Company. Docket Numbers: ER16–2226–002; Applicants: Robison Energy, LLC. Description: Tariff Cancellation: AEP ER16–2227–003. Description: Baseline eTariff Filing: Texas Central OATT Concurrence Applicants: Kelly Creek Wind, LLC, Robison Energy, LLC Market Based Rate Cancellation to be effective 6/30/2017. McHenry Battery Storage, LLC. Tariff to be effective 7/1/2017. Filed Date: 6/29/17. Description: Triennial Market Power Filed Date: 6/29/17. Accession Number: 20170629–5038. Update for the Northeast Region of Kelly Accession Number: 20170629–5000. Comments Due: 5 p.m. ET 7/20/17. Creek Wind, LLC, et al. Comments Due: 5 p.m. ET 7/20/17. The filings are accessible in the Filed Date: 6/28/17. Docket Numbers: ER17–1938–000. Commission’s eLibrary system by Accession Number: 20170628–5210. Applicants: Southern California clicking on the links or querying the Comments Due: 5 p.m. ET 8/28/17. Edison Company. docket number. Docket Numbers: ER17–1314–001; Description: § 205(d) Rate Filing: Two Any person desiring to intervene or ER10–2398–005; ER10–2399–005; LA’s Gabriel Solar 1 & 2 Projects SA protest in any of the above proceedings ER10–2406–006; ER10–2408–005; Nos. 966 & 967 to be effective 6/27/ must file in accordance with Rules 211 ER10–2409–005; ER10–2410–005; 2017. and 214 of the Commission’s ER10–2411–006; ER10–2412–006; Filed Date: 6/29/17. Regulations (18 CFR 385.211 and ER11–2935–007; ER13–1816–006; Accession Number: 20170629–5004. 385.214) on or before 5:00 p.m. Eastern ER14–1933–005; ER16–1152–003; Comments Due: 5 p.m. ET 7/20/17. time on the specified comment date. ER16–1724–002; ER17–1315–001. Docket Numbers: ER17–1939–000. Protests may be considered, but Applicants: Arkwright Summit Wind Applicants: Southern California intervention is necessary to become a Farm LLC, Blackstone Wind Farm, LLC, Edison Company. party to the proceeding. Blackstone Wind Farm II LLC, Description: § 205(d) Rate Filing: eFiling is encouraged. More detailed Headwaters Wind Farm LLC, High Trail Amended GIA CTV Power Purchase information relating to filing
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requirements, interventions, protests, Dicks Creek, LLC, Dynegy Energy System Operator, Inc. tariff filing service, and qualifying facilities filings Services (East), LLC, Dynegy Energy [Transmittal Letter]. can be found at: http://www.ferc.gov/ Services, LLC, Dynegy Fayette II, LLC, Filed Date: 6/28/17. docs-filing/efiling/filing-req.pdf. For Dynegy Hanging Rock II, LLC, Dynegy Accession Number: 20170628–5212. other information, call (866) 208–3676 Kendall Energy, LLC, Dynegy Killen, Comments Due: 5 p.m. ET 7/12/17. (toll free). For TTY, call (202) 502–8659. LLC, Dynegy Lee II, LLC, Dynegy Docket Numbers: ER17–424–003. Dated: June 29, 2017. Marketing and Trade, LLC, Dynegy Applicants: Footprint Power Salem Nathaniel J. Davis, Sr., Miami Fort, LLC, Dynegy Power Harbor Development. Deputy Secretary. Marketing, LLC, Dynegy Resources Description: Triennial Market Power Management, LLC, Dynegy Stuart, LLC, Analysis for Northeast Region of [FR Doc. 2017–14148 Filed 7–5–17; 8:45 am] Dynegy Washington II, LLC, Dynegy Footprint Power Salem Harbor BILLING CODE 6717–01–P Zimmer, LLC, Hopewell Cogeneration Development LP. Limited Partnership, Illinois Power Filed Date: 6/29/17. DEPARTMENT OF ENERGY Marketing Company, Kincaid Accession Number: 20170629–5100. Generation, L.L.C., Lake Road Comments Due: 5 p.m. ET 8/28/17. Federal Energy Regulatory Generating Company, LLC, Liberty Docket Numbers: ER17–716–001. Commission Electric Power, LLC, MASSPOWER, Applicants: Midcontinent Milford Power Company, LLC, Milford Independent System Operator, Inc. Combined Notice of Filings #2 Power, LLC, Northeastern Power Description: Compliance filing: 2017– Company, Ontelaunee Power Operating _ Take notice that the Commission 06–29 Amended Compliance Filing of received the following electric rate Company, LLC, Pleasants Energy, LLC, Order No. 828 to be effective N/A. filings: Richland-Stryker Generation LLC, Sithe/ Filed Date: 6/29/17. Independence Power Partners, L.P., Accession Number: 20170629–5174. Docket Numbers: ER10–1585–010; Troy Energy, LLC. Comments Due: 5 p.m. ET 7/20/17. ER10–1594–010; ER10–1617–010; Description: Updated Market Power Docket Numbers: ER17–1920–001. ER10–1626–007; ER10–1628–010; Analysis of the Dynegy Northeast MBR Applicants: Midcontinent ER10–1632–012; ER12–60–012; ER16– Sellers. Independent System Operator, Inc., 1148–001; ER16–733–001. Filed Date: 6/28/17. Michigan Electric Transmission Applicants: Alabama Electric Accession Number: 20170628–5214. Marketing, LLC, California Electric Company. Comments Due: 5 p.m. ET 8/28/17. Description: Tariff Amendment: Marketing, LLC, LQA, LLC, New Mexico Docket Numbers: ER13–434–005; _ Electric Marketing, LLC, Tenaska 2017–06–29 SA 3026 METC-City of ER13–1403–006; ER13–2100–002; Holland SIFA Amendment to be Energı´a de Mexico, S. de R. L. de C.V., ER13–2106–006; ER13–2109–006; Tenaska Power Management, LLC, effective 8/31/2017. ER13–321–006; ER13–412–004; ER13– Filed Date: 6/29/17. Tenaska Power Services Co., Tenaska 450–004; ER13–518–004; ER16–1750– Accession Number: 20170629–5164. Virginia Partners, L.P., Texas Electric 003; ER16–2601–001. Comments Due: 5 p.m. ET 7/20/17. Marketing, LLC. Applicants: Dominion Energy Description: Updated Market Power Docket Numbers: ER17–1945–000. Marketing, Inc., Dominion Nuclear Applicants: Southwest Power Pool, Analysis of the Tenaska Northeast MBR Connecticut, Inc., Dominion Energy Sellers. Inc. Manchester Street, Inc., Dominion Description: § 205(d) Rate Filing: Filed Date: 6/28/17. Retail, Inc., Fairless Energy, LLC, Accession Number: 20170628–5213. 1276R14 KCPL NITSA NOA to be Comments Due: 5 p.m. ET 8/28/17. NedPower Mount Storm, LLC, Fowler effective 9/1/2017. Ridge Wind Farm LLC, Virginia Electric Filed Date: 6/29/17. Docket Numbers: ER10–2669–011; and Power Company, Dominion ER10–1547–011;ER10–1550–012; ER10– Accession Number: 20170629–5058. Bridgeport Fuel Cell, LLC, Eastern Shore Comments Due: 5 p.m. ET 7/20/17. 2585–007; ER10–2613–007; ER10–2616– Solar LLC, Summit Farms Solar, LLC. Docket Numbers: ER17–1946–000. 011; ER10–2617–007; ER10–2619–008; Description: Supplement to December Applicants: Helix Ironwood, LLC. ER10–2670–011; ER10–2674–011; 29, 2016 Triennial Market Power Description: Compliance filing: ER10–2677–011; ER10–2678–010; Analysis of the Dominion Northeast Notices of Succession and Request for ER11–3589–005; ER11–3857–014; Region Companies. Administrative Cancellation to be ER11–3867–014; ER11–4266–013; Filed Date: 6/28/17. ER11–4400–008; ER12–192–012; ER13– Accession Number: 20170628–5208. effective 6/2/2017. 2475–009; ER13–2477–009; ER14–1219– Comments Due: 5 p.m. ET 7/19/17. Filed Date: 6/29/17. Accession Number: 20170629–5064. 004; ER14–1569–005; ER14–1699–004; Docket Numbers: ER16–1967–003. Comments Due: 5 p.m. ET 7/20/17. ER14–883–006; ER15–1596–004; ER15– Applicants: PJM Interconnection, 1597–003; ER15–1598–004; ER15–1599– L.L.C. Docket Numbers: ER17–1947–000. 004; ER15–1600–003; ER15–1602–003; Description: Compliance filing: Applicants: Helix Maine Wind ER15–1603–003; ER15–1604–003; Compliance filing to amend 12/15/2017 Development, LLC. ER15–1605–003; ER15–1606–003; to reflect compliance submitted on Description: Compliance filing: ER15–1607–003; ER15–1608–003; 4/24/17 to be effective 2/14/2017. Notices of Succession and Request for ER15–1958–003; ER17–1906–001. Filed Date: 6/29/17. Administrative Cancellation to be Applicants: ANP Bellingham Energy Accession Number: 20170629–5136. effective 6/2/2017. Company, LLC, ANP Blackstone Energy Comments Due: 5 p.m. ET 7/20/17. Filed Date: 6/29/17. Company, LLC, Armstrong Power, LLC, Docket Numbers: ER16–1969–003; Accession Number: 20170629–5065. Brayton Point Energy, LLC, Calumet ER16–1969–004. Comments Due: 5 p.m. ET 7/20/17. Energy Team, LLC, Casco Bay Energy Applicants: Midcontinent Docket Numbers: ER17–1948–000. Company, LLC, Dighton Power, LLC, Independent System Operator, Inc. Applicants: Helix Ravenswood, LLC. Dynegy Commercial Asset Management, Description: Second Errata to April Description: Compliance filing: LLC, Dynegy Conesville, LLC, Dynegy 24, 2017 Midcontinent Independent Notices of Succession and Request for
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Administrative Cancellation to be Accession Number: 20170629–5159. contract to perform work for OPP, and effective 6/2/2017. Comments Due: 5 p.m. ET 7/20/17. access to this information will enable Filed Date: 6/29/17. Docket Numbers: ER17–1956–000. CACI/Emergent and its subcontractor, Accession Number: 20170629–5066. Applicants: LG&E Energy Marketing Arctic Slope Mission Services, LLC, to Comments Due: 5 p.m. ET 7/20/17. Inc. fulfill the obligations of the contract. Docket Numbers: ER17–1949–000. Description: Compliance filing: Order DATES: CACI/Emergent and its Applicants: NorthWestern 819 Compliance to be effective 6/30/ subcontractor, Arctic Slope Mission Corporation. 2017. Services, LLC, will be given access to Description: § 205(d) Rate Filing: Filed Date: 6/29/17. this information on or before July 11, Revised Rate Schedule FERC No. 188 Accession Number: 20170629–5163. 2017. Comments Due: 5 p.m. ET 7/20/17. (MT)—Colstrip 1 & 2 Transmission FOR FURTHER INFORMATION CONTACT: The filings are accessible in the Agreement to be effective 9/1/2017. Mario Steadman, Information Commission’s eLibrary system by Filed Date: 6/29/17. Technology and Resources Management clicking on the links or querying the Accession Number: 20170629–5084. Division (7502P), Office of Pesticide docket number. Comments Due: 5 p.m. ET 7/20/17. Programs, Environmental Protection Any person desiring to intervene or Docket Numbers: ER17–1950–000. Agency, 1200 Pennsylvania Ave. NW., protest in any of the above proceedings Applicants: AEP Texas Central Washington, DC 20460–0001; telephone must file in accordance with Rules 211 Company. number: 703 305–8338; email address: and 214 of the Commission’s Description: Tariff Cancellation: TCC [email protected]. Regulations (18 CFR 385.211 and MBR Tariff Volume No. 8 DB 385.214) on or before 5:00 p.m. Eastern SUPPLEMENTARY INFORMATION: Cancellation to be effective 6/30/2017. time on the specified comment date. Filed Date: 6/29/17. I. General Information Protests may be considered, but Accession Number: 20170629–5090. intervention is necessary to become a A. Does this action apply to me? Comments Due: 5 p.m. ET 7/20/17. party to the proceeding. This action applies to the public in Docket Numbers: ER17–1951–000. eFiling is encouraged. More detailed general. As such, the Agency has not Applicants: Public Service Company information relating to filing attempted to describe all the specific of Colorado. requirements, interventions, protests, entities that may be affected by this Description: § 205(d) Rate Filing: service, and qualifying facilities filings action. PSCo–WAPA–PRPA Dyn Trnsfr Craig can be found at: http://www.ferc.gov/ Alloc–449–0.0.0 to be effective 8/29/ B. How can I get copies of this document docs-filing/efiling/filing-req.pdf. For and other related information? 2017. other information, call (866) 208–3676 Filed Date: 6/29/17. (toll free). For TTY, call (202) 502–8659. The docket for this action, identified Accession Number: 20170629–5125. by docket identification (ID) number Comments Due: 5 p.m. ET 7/20/17. Dated: June 29, 2017. EPA–HQ–OPP–2017–0222, is available Docket Numbers: ER17–1952–000. Nathaniel J. Davis, Sr., at http://www.regulations.gov or at the Applicants: Louisville Gas and Deputy Secretary. Office of Pesticide Programs Regulatory Electric Company. [FR Doc. 2017–14149 Filed 7–5–17; 8:45 am] Public Docket (OPP Docket) in the Description: Compliance filing: Order BILLING CODE 6717–01–P Environmental Protection Agency 819 Compliance to be effective 6/30/ Docket Center (EPA/DC), West William 2017. Jefferson Clinton Bldg., Rm. 3334, 1301 Filed Date: 6/29/17. ENVIRONMENTAL PROTECTION Constitution Ave. NW., Washington, DC Accession Number: 20170629–5154. AGENCY 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Comments Due: 5 p.m. ET 7/20/17. [EPA–HQ–OPP–2017–0222; FRL–9662–00] Docket Numbers: ER17–1953–000. Monday through Friday, excluding legal Applicants: Hannaford Energy LLC. CACI/Emergent and Arctic Slope holidays. The telephone number for the Description: Notice of Cancellation of Mission Services, LLC; Transfer of Public Reading Room is (202) 566–1744, market based rate tariff of Hannaford Data and the telephone number for the OPP Energy LLC. Docket is (703) 305–5805. Please review AGENCY: Filed Date: 6/29/17. Environmental Protection the visitor instructions and additional Accession Number: 20170629–5157. Agency (EPA). information about the docket available Comments Due: 5 p.m. ET 7/20/17. ACTION: Notice. at http://www.epa.gov/dockets. Docket Numbers: ER17–1954–000. SUMMARY: This notice announces that II. Contractor Requirements Applicants: Athens Energy, LLC. pesticide related information submitted Under Contract No. EP–W–17–011, Description: Notice of Cancellation of to EPA’s Office of Pesticide Programs CACI/Emergent and its subcontractor, market based rate tariff of Athens (OPP) pursuant to the Federal Arctic Slope Mission Services, LLC, will Energy, LLC. Insecticide, Fungicide, and Rodenticide provide program management support, Filed Date: 6/29/17. Act (FIFRA) and the Federal Food, Drug, including, but not limited to: Accession Number: 20170629–5158. and Cosmetic Act (FFDCA), including Development and updating of Agency Comments Due: 5 p.m. ET 7/20/17. information that may have been claimed tools used for managing and locating Docket Numbers: ER17–1955–000. as Confidential Business Information materials, automating and streamlining Applicants: Midcontinent (CBI) by the submitter, will be work flow processes, tracking of Independent System Operator, Inc. transferred to CACI/Emergent and its performance and other related efforts. Description: § 205(d) Rate Filing: subcontractor, Arctic Slope Mission This plan shall meet Agency 2017–06–29_Attachment X GIA Services, LLC, in accordance with the requirements and initiatives as well as revisions regarding Order 828 to be CBI regulations. CACI/Emergent and its other requirements specified herein. effective 6/30/2017. subcontractor, Arctic Slope Mission The Contractor shall be required to Filed Date: 6/29/17. Services, LLC, have been awarded a assess and provide a report on current
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tracking, information, and records Records of information provided to FOR FURTHER INFORMATION CONTACT: management systems being utilized by CACI/Emergent and its subcontractor, Michael Yanchulis, Information the Anti-Microbial Division (AD). This Arctic Slope Mission Services, LLC, will Technology and Resources Management task will be requested of the Contractor be maintained by EPA Project Officers Division (7502P), Office of Pesticide as directed by the TOCOR/ATOCOR for this contract. All information Programs, Environmental Protection when workload increases or changes supplied to CACI/Emergent and its Agency, 1200 Pennsylvania Ave. NW., (e.g., moving from paper-based to subcontractor, Arctic Slope Mission Washington, DC 20460–0001; telephone computer-automated recordkeeping and Services, LLC, by EPA for use in number: (703) 347–0237; email address: processes), and as more sophisticated connection with this contract will be [email protected]. records management systems emerge. returned to EPA when CACI/Emergent SUPPLEMENTARY INFORMATION: Prior to conducting such an assessment, and its subcontractor, Arctic Slope the TOCOR/ATOCOR must approve the Mission Services, LLC, have completed I. General Information specific assessment execution steps their work. A. Does this action apply to me? proposed by the Contractor. This Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. This action is directed to the public assessment should aim at identifying 301 et seq. inefficiencies and obstacles impacting in general, and may be of interest to a AD’s systems. Once the assessment has Dated: May 1, 2017. wide range of stakeholders including been conducted, the Contractor shall Delores Barber, environmental, human health, and provide an Assessment Report. This Director, Information Technology and agricultural advocates; the chemical Report shall describe in detail the Resources Management Division, Office of industry; pesticide users; and members process being assessed, identify Pesticide Programs. of the public interested in the sale, shortcomings of the AD process or [FR Doc. 2017–14201 Filed 7–5–17; 8:45 am] distribution, or use of pesticides. Since system assessed, and provide specific BILLING CODE 6560–50–P others also may be interested, the recommendations including an action Agency has not attempted to describe all plan for addressing these the specific entities that may be affected ‘‘shortcomings.’’ The Contractor shall ENVIRONMENTAL PROTECTION by this action. AGENCY assist in the development of records B. How can I get copies of this document management systems and maintenance [EPA–HQ–OPP–2009–1017; FRL–9962–87] and other related information? of existing systems with software such as Microsoft Access and Excel to Product Cancellation Order for Certain The docket for this action, identified improve reevaluation records Pesticide Registrations by docket identification (ID) number management processes as specified by EPA–HQ–OPP–2009–1017, is available the TOCOR/ATOCOR. AGENCY: Environmental Protection at http://www.regulations.gov or at the OPP has determined that access by Agency (EPA). Office of Pesticide Programs Regulatory CACI/Emergent and its subcontractor, ACTION: Notice. Public Docket (OPP Docket) in the Arctic Slope Mission Services, LLC, to Environmental Protection Agency SUMMARY: This notice announces EPA’s information on all pesticide chemicals Docket Center (EPA/DC), West William order for the cancellations, voluntarily is necessary for the performance of this Jefferson Clinton Bldg., Rm. 3334, 1301 requested by the registrants and contract. Constitution Ave. NW., Washington, DC Some of this information may be accepted by the Agency, of the products 20460–0001. The Public Reading Room entitled to confidential treatment. The listed in Table 1 of Unit II., pursuant to is open from 8:30 a.m. to 4:30 p.m., information has been submitted to EPA the Federal Insecticide, Fungicide, and Monday through Friday, excluding legal under FIFRA sections 3, 4, 6, and 7 and Rodenticide Act (FIFRA). This holidays. The telephone number for the under FFDCA sections 408 and 409. cancellation order follows a May 6, Public Reading Room is (202) 566–1744, In accordance with the requirements 2016, Federal Register, Notice of and the telephone number for the OPP of 40 CFR 2.307(h)(2), the contract with Receipt of Requests from the registrants Docket is (703) 305–5805. Please review CACI/Emergent and its subcontractor, listed in Table 2 of Unit II. to the visitor instructions and additional Arctic Slope Mission Services, LLC, voluntarily cancel these product information about the docket available prohibits use of the information for any registrations. In the May 6, 2016 notice, at http://www.epa.gov/dockets. purpose not specified in the contract; EPA indicated that it would issue an prohibits disclosure of the information order implementing the cancellations, II. What action is the agency taking? to a third party without prior written unless the Agency received substantive This notice announces the approval from the Agency; and requires comments within the 30-day comment cancellation, as requested by registrants, that each official and employee of the period that would merit its further of products registered under FIFRA contractor sign an agreement to protect review of these requests, or unless the section 3 (7 U.S.C. 136a). These the information from unauthorized registrants withdrew their requests. The registrations are listed in sequence by release and to handle it in accordance Agency did not receive any comments registration number in Table 1 of this with the FIFRA Information Security on the notice. Further, the registrants unit. The following registration numbers Manual. In addition, CACI/Emergent did not withdraw their requests. that were listed in the Federal Register and its subcontractor, Arctic Slope Accordingly, EPA hereby issues in this of May 6, 2016, (81 FR 27439) (FRL– Mission Services, LLC, are required to notice a cancellation order granting the 9943–66), have already been cancelled submit for EPA approval a security plan requested cancellations. Any in previous Federal Register notices: under which any CBI will be secured distribution, sale, or use of the products 73801–1 on June 3, 2015 (80 FR 31596); and protected against unauthorized subject to this cancellation order is 1020–1 on November 13, 2015 (80 FR release or compromise. No information permitted only in accordance with the 70206); 72642–9, 73314–9, 73314–10, will be provided to CACI/Emergent and terms of this order, including any 74075–2, 81002–2, 81002–3 and 85678– its subcontractor, Arctic Slope Mission existing stocks provisions. 16 on October 3, 2016 (81 FR 68013); Services, LLC, until the requirements in DATES: The cancellations are effective 100–1004, 100–1006, 499–20204, 6836– this document have been fully satisfied. July 6, 2017. 25, 6836–201, 6836–284 and 35935–97
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on March 22, 2017 (82 FR 14717); and 100–1302 and 100–1303 on March 23, 2017 (82 FR 14896).
TABLE 1—PRODUCT CANCELLATIONS
EPA registration No. Product name Chemical name
100–1301 ...... Cypermethrin 250 EC Manufacturing Use Product ...... Cypermethrin. 100–1455 ...... Medley Herbicide ...... Prodiamine and Mesotrione. 228–726 ...... Nufarm Prohexadione Calcium Technical ...... Prohexadione calcium. 5905–584 ...... Helena GA–142 ...... Indole-3-butyric acid, and Cytokinin (as kinetin). 8329–74 ...... Arosurf MSF ...... POE isooctadecanol. 42750–267 ...... CFI-Star-IFTZ–35 ST...... Fludioxonil, Imidacloprid, Metalaxyl, Thiabendazole and Tebuconazole. 42750–268 ...... CFI-Star-IFTZ–10 ST...... Fludioxonil, Imidacloprid, Metalaxyl, Thiabendazole and Tebuconazole. 47000–101 ...... CT–42 Lice Spray ...... Pyrethrins and Piperonyl butoxide. 67690–40 ...... Promite 50WP ...... Fenbutatin-oxide. 90518–1 ...... Klean Offz Disinfectant Wipes ...... Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16), 1-Decanaminium, N-decyl-N,N- dime&fnl;thyl-, chloride, 1-Octanaminium, N,N-dimethyl-N- octyl-, chloride, and 1-Decanaminium, N,N-dimethyl-N- octyl-, chloride.
Table 2 of this unit includes the this unit, in sequence by EPA company numbers of the products listed in Table names and addresses of record for all number. This number corresponds to 1 of this unit. registrants of the products in Table 1 of the first part of the EPA registration
TABLE 2—REGISTRANTS OF CANCELLED PRODUCTS
EPA company Company name No. and address
100 ...... Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419. 228 ...... Nufarm Americas, Inc., 4020 Aerial Center Parkway, Suite 101, Morrisville, NC 27560. 5905 ...... Helena Chemical Company, 225 Schilling Blvd., Suite 300, Collierville, TN 38017. 8329 ...... Clarke Mosquito Control Products, Inc., 675 Sidwell Court, St. Charles, IL 60174. 42750 ...... Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604–2127. 47000 ...... Chem-Tech, Ltd., 110 Hopkins Drive, Randolph, WI 53956. 67690 ...... Sepro Corporation, 11550 N. Meridian Street, Suite 600, Carmel, IN 46032–4565. 90518 ...... Savvy Traveler, LLC, 23112 Alcalde Drive, Suite B, Laguna Hills, CA 92653.
III. Summary of Public Comments in a manner inconsistent with any of the VI. Provisions for Disposition of Received and Agency Response to provisions for disposition of existing Existing Stocks Comments stocks set forth in Unit VI. will be a Existing stocks are those stocks of During the public comment period violation of FIFRA. registered pesticide products which are provided, EPA received no comments in V. What is the agency’s authority for currently in the United States and response to the May 6, 2016, Federal taking this action? which were packaged, labeled, and Register (81 FR 27439) (FRL–9943–66) released for shipment prior to the notice announcing the Agency’s receipt Section 6(f)(1) of FIFRA (7 U.S.C. effective date of the cancellation action. of the requests for voluntary 136d(f)(1)) provides that a registrant of The existing stocks provisions for the cancellations of products listed in Table a pesticide product may at any time products subject to this order are as 1 of Unit II. request that any of its pesticide follows. The registrant(s) may continue to sell IV. Cancellation Order registrations be canceled or amended to terminate one or more uses. FIFRA and distribute existing stocks of Pursuant to FIFRA section 6(f) (7 further provides that, before acting on product(s) listed in Table 1 of Unit II. U.S.C. 136d(f)), EPA hereby approves the request, EPA must publish a notice until July 6, 2018, which is 1 year after the requested cancellations of the of receipt of any such request in the the publication of the Cancellation registrations identified in Table 1 of Federal Register. Thereafter, following Order in the Federal Register. Unit II. Accordingly, the Agency hereby the public comment period, the EPA Thereafter, the registrants are prohibited orders that the product registrations Administrator may approve such a from selling or distributing products identified in Table 1 of Unit II. are request. The notice of receipt for this listed in Table 1, except for export in canceled. The effective date of the action was published for comment in accordance with FIFRA section 17 (7 cancellations that are the subject of this U.S.C. 136o), or proper disposal. the Federal Register of May 6, 2016 (81 notice is July 6, 2017. Any distribution, Persons other than the registrants may FR 27439) (FRL–9943–66). The sale, or use of existing stocks of the sell, distribute, or use existing stocks of comment period closed on June 6, 2016. products identified in Table 1 of Unit II. products listed in Table 1 of Unit II.
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until existing stocks are exhausted, that the state, tribe, or local government (3) The signature of the individual provided that such sale, distribution, or will use to implement the electronic making the request, or, if the request is use is consistent with the terms of the reporting. Additionally, § 3.1000(b) made on behalf of an organization or previously approved labeling on, or that through (e) of 40 CFR part 3, subpart D other entity, the signature of a accompanied, the canceled products. provides special procedures for program responsible official of the organization Authority: 7 U.S.C. 136 et seq. revisions and modifications to allow or other entity. electronic reporting, to be used at the In the event a hearing is requested Dated: May 25, 2017. option of the state, tribe or local and granted, EPA will provide notice of Delores Barber, government in place of procedures the hearing in the Federal Register not Director, Information Technology and available under existing program- less than 15 days prior to the scheduled Resources Management Division, Office of specific authorization regulations. An hearing date. Frivolous or insubstantial Pesticide Programs. application submitted under the subpart requests for hearing may be denied by [FR Doc. 2017–14086 Filed 7–5–17; 8:45 am] D procedures must show that the state, EPA. Following such a public hearing, BILLING CODE 6560–50–P tribe or local government has sufficient EPA will review the record of the legal authority to implement the hearing and issue an order either electronic reporting components of the affirming today’s determination or ENVIRONMENTAL PROTECTION rescinding such determination. If no AGENCY programs covered by the application and will use electronic document timely request for a hearing is received [9964–51–OEI] receiving systems that meet the and granted, EPA’s approval of the State applicable subpart D requirements. of Georgia’s request to revise its part Cross-Media Electronic Reporting: On June 25, 2017, the Georgia 142—National Primary Drinking Water Authorized Program Revision Department of Natural Resources (GA Regulations Implementation program to Approval, State of Georgia DNR) submitted an application titled allow electronic reporting will become AGENCY: Environmental Protection ‘‘Compliance Monitoring Data Portal’’ effective 30 days after today’s notice is Agency (EPA). for revision to its EPA-approved published, pursuant to CROMERR section 3.1000(f)(4). ACTION: Notice. drinking water program under title 40 CFR to allow new electronic reporting. Matthew Leopard, SUMMARY: This notice announces EPA’s EPA reviewed GA DNR’s request to Director, Office of Information Management. approval of the State of Georgia’s revise its EPA-authorized program and, [FR Doc. 2017–14215 Filed 7–5–17; 8:45 am] request to revise its National Primary based on this review, EPA determined Drinking Water Regulations that the application met the standards BILLING CODE 6560–50–P Implementation EPA-authorized for approval of authorized program program to allow electronic reporting. revision set out in 40 CFR part 3, ENVIRONMENTAL PROTECTION DATES: EPA’s approval is effective subpart D. In accordance with 40 CFR AGENCY August 7, 2017 for the State of Georgia’s 3.1000(d), this notice of EPA’s decision National Primary Drinking Water to approve Georgia’s request to revise its [9964–47–OEI] Regulations Implementation program, if Part 142—National Primary Drinking Cross-Media Electronic Reporting: no timely request for a public hearing is Water Regulations Implementation Authorized Program Revision received and accepted by the Agency. program to allow electronic reporting Approval, State of North Carolina FOR FURTHER INFORMATION CONTACT: under 40 CFR part 141 is being Karen Seeh, U.S. Environmental published in the Federal Register. AGENCY: Environmental Protection Protection Agency, Office of GA DNR was notified of EPA’s Agency (EPA). Environmental Information, Mail Stop determination to approve its application ACTION: Notice. 2823T, 1200 Pennsylvania Avenue NW., with respect to the authorized program Washington, DC 20460, (202) 566–1175, listed above. SUMMARY: This notice announces EPA’s [email protected]. Also, in today’s notice, EPA is approval of the State of North Carolina’s SUPPLEMENTARY INFORMATION: On informing interested persons that they request to revise its National Primary October 13, 2005, the final Cross-Media may request a public hearing on EPA’s Drinking Water Regulations Electronic Reporting Rule (CROMERR) action to approve the State of Georgia’s Implementation EPA-authorized was published in the Federal Register request to revise its authorized public program to allow electronic reporting. (70 FR 59848) and codified as part 3 of water system program under 40 CFR DATES: EPA’s approval is effective title 40 of the CFR. CROMERR part 142, in accordance with 40 CFR August 7, 2017 for the State of North establishes electronic reporting as an 3.1000(f). Requests for a hearing must be Carolina’s National Primary Drinking acceptable regulatory alternative to submitted to EPA within 30 days of Water Regulations Implementation paper reporting and establishes publication of today’s Federal Register program, if no timely request for a requirements to assure that electronic notice. Such requests should include public hearing is received and accepted documents are as legally dependable as the following information: by the Agency. their paper counterparts. Subpart D of (1) The name, address and telephone FOR FURTHER INFORMATION CONTACT: CROMERR requires that state, tribal or number of the individual, organization Karen Seeh, U.S. Environmental local government agencies that receive, or other entity requesting a hearing; Protection Agency, Office of or wish to begin receiving, electronic (2) A brief statement of the requesting Environmental Information, Mail Stop reports under their EPA-authorized person’s interest in EPA’s 2823T, 1200 Pennsylvania Avenue NW., programs must apply to EPA for a determination, a brief explanation as to Washington, DC 20460, (202) 566–1175, revision or modification of those why EPA should hold a hearing, and [email protected]. programs and obtain EPA approval. any other information that the SUPPLEMENTARY INFORMATION: On Subpart D provides standards for such requesting person wants EPA to October 13, 2005, the final Cross-Media approvals based on consideration of the consider when determining whether to Electronic Reporting Rule (CROMERR) electronic document receiving systems grant the request; was published in the Federal Register
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(70 FR 59848) and codified as part 3 of authorized public water system program Communications Commission (FCC or title 40 of the CFR. CROMERR under 40 CFR part 142, in accordance the Commission) invites the general establishes electronic reporting as an with 40 CFR 3.1000(f). Requests for a public and other Federal agencies to acceptable regulatory alternative to hearing must be submitted to EPA take this opportunity to comment on the paper reporting and establishes within 30 days of publication of today’s following information collection. requirements to assure that electronic Federal Register notice. Such requests Comments are requested concerning: documents are as legally dependable as should include the following Whether the proposed collection of their paper counterparts. Subpart D of information: information is necessary for the proper CROMERR requires that state, tribal or (1) The name, address and telephone performance of the functions of the local government agencies that receive, number of the individual, organization Commission, including whether the or wish to begin receiving, electronic or other entity requesting a hearing; information shall have practical utility; reports under their EPA-authorized (2) A brief statement of the requesting the accuracy of the Commission’s programs must apply to EPA for a person’s interest in EPA’s burden estimate; ways to enhance the revision or modification of those determination, a brief explanation as to quality, utility, and clarity of the programs and obtain EPA approval. why EPA should hold a hearing, and information collected; ways to minimize Subpart D provides standards for such any other information that the the burden of the collection of approvals based on consideration of the requesting person wants EPA to information on the respondents, electronic document receiving systems consider when determining whether to including the use of automated that the state, tribe, or local government grant the request; collection techniques or other forms of will use to implement the electronic (3) The signature of the individual information technology; and ways to reporting. Additionally, § 3.1000(b) making the request, or, if the request is further reduce the information through (e) of 40 CFR part 3, subpart D made on behalf of an organization or collection burden on small business provides special procedures for program other entity, the signature of a concerns with fewer than 25 employees. revisions and modifications to allow responsible official of the organization The FCC may not conduct or sponsor a electronic reporting, to be used at the or other entity. collection of information unless it option of the state, tribe or local In the event a hearing is requested displays a currently valid control government in place of procedures and granted, EPA will provide notice of number. No person shall be subject to available under existing program- the hearing in the Federal Register not any penalty for failing to comply with specific authorization regulations. An less than 15 days prior to the scheduled a collection of information subject to the application submitted under the subpart hearing date. Frivolous or insubstantial PRA that does not display a valid Office D procedures must show that the state, requests for hearing may be denied by of Management and Budget (OMB) tribe or local government has sufficient EPA. Following such a public hearing, control number. legal authority to implement the EPA will review the record of the DATES: Written PRA comments should electronic reporting components of the hearing and issue an order either be submitted on or before September 5, programs covered by the application affirming today’s determination or 2017. If you anticipate that you will be and will use electronic document rescinding such determination. If no submitting comments, but find it receiving systems that meet the timely request for a hearing is received difficult to do so within the period of applicable subpart D requirements. and granted, EPA’s approval of the State time allowed by this notice, you should On June 13, 2017, the North Carolina of North Carolina’s request to revise its advise the contact listed below as soon Department of Environmental Quality part 142—National Primary Drinking as possible. (NC DEQ) submitted an application Water Regulations Implementation ADDRESSES: Direct all PRA comments to titled ‘‘Compliance Monitoring Data program to allow electronic reporting Nicole Ongele, FCC, via email PRA@ Portal for revision to its EPA-approved will become effective 30 days after fcc.gov and to [email protected]. drinking water program under title 40 today’s notice is published, pursuant to FOR FURTHER INFORMATION CONTACT: For CFR to allow new electronic reporting. CROMERR section 3.1000(f)(4). EPA reviewed NC DEQ’s request to additional information about the revise its EPA-authorized program and, Matthew Leopard, information collection, contact Nicole based on this review, EPA determined Director, Office of Information Management. Ongele at (202) 418–2991. that the application met the standards [FR Doc. 2017–14207 Filed 7–5–17; 8:45 am] SUPPLEMENTARY INFORMATION: As part of for approval of authorized program BILLING CODE 6560–50–P its continuing effort to reduce revision set out in 40 CFR part 3, paperwork burdens, and as required by subpart D. In accordance with 40 CFR the Paperwork Reduction Act (PRA) of 3.1000(d), this notice of EPA’s decision FEDERAL COMMUNICATIONS 1995 (44 U.S.C. 3501–3520), the Federal to approve North Carolina’s request to COMMISSION Communications Commission (FCC or revise its Part 142—National Primary Commission) invites the general public Drinking Water Regulations [OMB 3060–1202] and other Federal agencies to take this opportunity to comment on the Implementation program to allow Information Collection Being Reviewed electronic reporting under 40 CFR part following information collections. by the Federal Communications Comments are requested concerning: 141 is being published in the Federal Commission Register. Whether the proposed collection of NC DEQ was notified of EPA’s AGENCY: Federal Communications information is necessary for the proper determination to approve its application Commission. performance of the functions of the with respect to the authorized program ACTION: Notice and request for Commission, including whether the listed above. comments. information shall have practical utility; Also, in today’s notice, EPA is the accuracy of the Commission’s informing interested persons that they SUMMARY: As part of its continuing effort burden estimate; ways to enhance the may request a public hearing on EPA’s to reduce paperwork burdens, and as quality, utility, and clarity of the action to approve the State of North required by the Paperwork Reduction information collected; ways to minimize Carolina’s request to revise its Act (PRA) of 1995, the Federal the burden of the collection of
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information on the respondents, information will be collected in the adequate precautions to maintain including the use of automated form of an electronically-filed, annual reliable service. collection techniques or other forms of certification from each Covered 911 Federal Communications Commission. Service Provider, as defined in the information technology; and ways to Marlene H. Dortch, further reduce the information Commission’s 2013 Report and Order, collection burden on small business in which the provider will indicate Secretary. concerns with fewer than 25 employees. whether it has implemented certain [FR Doc. 2017–14162 Filed 7–5–17; 8:45 am] OMB Control Number: 3060–1202. industry-backed best practices. BILLING CODE 6712–01–P Title: Improving 9–1–1 Reliability; Providers that are able to respond in the Reliability and Continuity of affirmative to all elements of the FEDERAL COMMUNICATIONS Communications Networks, Including certification will be deemed to satisfy COMMISSION Broadband Technologies. the ‘‘reasonable measures’’ requirement Form Number: Not Applicable in Section 12.4(b) of the Commission’s OMB 3060–0760] (annual on-line certification). rules. If a provider does not certify in Type of Review: Revision of a the affirmative with respect to one or Information Collection Being Reviewed currently approved collection. more elements of the certification, it by the Federal Communications Respondents: Business or other for- must provide a brief explanation of Commission profit; not-for-profit institutions. what alternative measures it has taken, Number of Respondents and in light of the provider’s particular facts AGENCY: Federal Communications Responses: 200 respondents; 200 and circumstances, to ensure reliable Commission. responses. 911 service with respect to that Estimated Time per Response: Varies element(s). Similarly, a service provider ACTION: Notice and request for by respondent. Average of 837 hours per may also respond by demonstrating that comments. respondent. a particular certification element is not Frequency of Response: Annual applicable to its networks and must SUMMARY: As part of its continuing effort reporting requirement and include a brief explanation of why the to reduce paperwork burdens, and as recordkeeping requirement. element(s) does not apply. required by the Paperwork Reduction Total Annual Burden: 167,350 hours. The information will be collected by Act (PRA) of 1995, the Federal Total Annual Cost: No Cost. Communications Commission (FCC or Obligation to Respond: Mandatory. the Public Safety and Homeland Security Bureau, FCC, for review and the Commission) invites the general The statutory authority for this public and other Federal agencies to collection of information is contained in analysis, to verify that Covered 911 Service Providers are taking reasonable take this opportunity to comment on the sections 1, 4(i), 4(j), 4(o), 201(b), 214(d), following information collection. 218, 251(e)(3), 301, 303(b), 303(g), measures to maintain reliable 911 service. In certain cases, based on the Comments are requested concerning: 303(r), 307, 309(a), 316, 332, 403, 615a– Whether the proposed collection of 1, and 615c of the Communications Act information included in the certifications and subsequent information is necessary for the proper of 1934, as amended, 47 U.S.C. 151, performance of the functions of the 154(i)–(j) & (o), 201(b), 214(d), 218, coordination with the provider, the Commission may require remedial Commission, including whether the 251(e)(3), 301, 303(b), 303(g), 303(r), information shall have practical utility; 307, 309(a), 316, 332, 403, 615a–1, and action to correct vulnerabilities in a service provider’s 911 network if it the accuracy of the Commission’s 615c. burden estimate; ways to enhance the Nature and Extent of Confidentiality: determines that (a) the service provider has not, in fact, adhered to the best quality, utility, and clarity of the The Commission does not consider the information collected; ways to minimize fact of filing a certification to be practices incorporated in the FCC’s rules, or (b) in the case of providers the burden of the collection of confidential or the responses provided information on the respondents, on the face of the certification. The employing alternative measures, that those measures were not reasonably including the use of automated Commission will treat as presumptively collection techniques or other forms of confidential and exempt from routine sufficient to mitigate the associated risks of failure in these key areas. The information technology; and ways to public disclosure under the federal further reduce the information Freedom of Information Act: (1) Commission delegated authority to the Bureau to review certification collection burden on small business Descriptions and documentation of concerns with fewer than 25 employees. alternative measures to mitigate the information and follow up with service providers as appropriate to address The FCC may not conduct or sponsor a risks of nonconformance with collection of information unless it certification standards; (2) information deficiencies revealed by the certification process. displays a currently valid control detailing specific corrective actions number. No person shall be subject to The purpose of the collection of this taken; and (3) supplemental information any penalty for failing to comply with information is to verify that Covered 911 requested by the Commission or Bureau a collection of information subject to the Service Providers are taking reasonable with respect to a certification. PRA that does not display a valid Office measures such that their networks Privacy Impact Assessment: No of Management and Budget (OMB) comply with accepted best practices, impact(s). control number. Needs and Uses: This is a revision of and that, in the event they are not able an information collection necessary to to certify adherence to specific best DATES: Written PRA comments should ensure that all Americans have access to practices, that they are taking reasonable be submitted on or before September 5, reliable and resilient 911 alternative measures. The Commission 2017. If you anticipate that you will be communications, particularly in times adopted these rules in light of submitting comments, but find it of emergency, by requiring certain 911 widespread 911 outages during the June difficult to do so within the period of service providers to certify 2012 derecho storm in the Midwest and time allowed by this notice, you should implementation of key best practices or Mid-Atlantic states, which revealed that advise the contact listed below as soon reasonable alternative measures. The multiple service providers did not take as possible.
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ADDRESSES: Direct all PRA comments to Privacy Act Impact Assessment: No FEDERAL DEPOSIT INSURANCE Nicole Ongele, FCC, via email PRA@ impact(s). CORPORATION fcc.gov and to [email protected]. Nature and Extent of Confidentiality: FOR FURTHER INFORMATION CONTACT: For The information requested is not of a Agency Information Collection additional information about the confidential nature. However, Activities: Proposed Collection information collection, contact Nicole respondents may request materials or Renewals; Comment Request (3064– Ongele at (202) 418–2991. information submitted to the 0085 & –0120) Commission be withheld from public SUPPLEMENTARY INFORMATION: As part of AGENCY: Federal Deposit Insurance inspection under 47 CFR 0.459 of the its continuing effort to reduce Corporation (FDIC). paperwork burdens, and as required by Commission’s rules. ACTION: Notice and request for comment. the Paperwork Reduction Act (PRA) of Needs and Uses: On April 28, 2017, the Commission released the Business 1995 (44 U.S.C. 3501–3520), the Federal SUMMARY: The FDIC, as part of its Communications Commission (FCC or Data Services Order, WC Docket No. 16– continuing effort to reduce paperwork Commission) invites the general public 143 et al., FCC 17–43, reforming the and respondent burden, invites the and other Federal agencies to take this business data services/special access general public and other Federal opportunity to comment on the regulations for incumbent and agencies to take this opportunity to following information collections. competitive LECs. The Commission’s comment on the renewal of existing Comments are requested concerning: reforms included replacing the information collections, as required by Whether the proposed collection of application-based pricing flexibility the Paperwork Reduction Act of 1995. information is necessary for the proper rules with a new framework under Currently, the FDIC is soliciting performance of the functions of the which: (a) Packet-based services, time comment on renewal of the information Commission, including whether the division multiplexing (TDM) services collections described below. information shall have practical utility; with bandwidth greater than 45 mbps, DATES: Comments must be submitted on the accuracy of the Commission’s and TDM transport services are not or before September 5, 2017. burden estimate; ways to enhance the subject to ex ante pricing regulation; (b) quality, utility, and clarity of the a new standard is applied to determine ADDRESSES: Interested parties are information collected; ways to minimize the extent to which the Commission invited to submit written comments to the burden of the collection of regulates price cap LECs’ TDM end user the FDIC by any of the following information on the respondents, channel terminations with bandwidth methods: • including the use of automated less than 45 mbps and certain other low http://www.FDIC.gov/regulations/ collection techniques or other forms of bandwidth business data services. laws/federal/notices.html. • information technology; and ways to Under this standard, a price cap LEC is Email: [email protected]. Include further reduce the information not subject to ex ante pricing regulation the name and number of the collection collection burden on small business in the provision of these services in in the subject line of the message. • concerns with fewer than 25 employees. counties deemed competitive under the Mail: Manny Cabeza (202–898– OMB Control Number: 3060–0760. Commission’s competitive market test 3767). Counsel, MB 3007, Federal Title: 272 Sunset Order, WC Docket or for which the price cap LEC Deposit Insurance Corporation, 550 17th No. 06–120; Access Charge Reform, CC previously obtained Phase II pricing Street NW., Washington, DC 20429. Docket No. 96–262, First Report and flexibility; (c) the price cap LEC is • Hand Delivery: Comments may be Order; Second Order on subject to ex ante pricing regulation in hand-delivered to the guard station at Reconsideration and Memorandum other counties where it is the incumbent the rear of the 17th Street Building Opinion and Order; and Fifth Report LEC, but in these counties the price cap (located on F Street), on business days and Order; Business Data Services LEC has downward pricing flexibility between 7:00 a.m. and 5:00 p.m. Report and Order, WC Docket No. 16– (i.e., the equivalent of Phase I pricing All comments should refer to the 143 et al. flexibility under the prior rules); and (d) relevant OMB control number. A copy Form Number: N/A. the Commission will update the of the comments may also be submitted Type of Review: Revision of a competitive market test results every to the OMB desk officer for the FDIC: currently approved collection. three years using data already collected Office of Information and Regulatory Respondents: Business or other for- in FCC Form 477. Affairs, Office of Management and profit. Among other rules changes, the Budget, New Executive Office Building, Number of Respondents and Business Data Services Report and Washington, DC 20503. Responses: 13 respondents; 66 Order repealed section 1.774, which set FOR FURTHER INFORMATION CONTACT: responses. forth requirements for pricing flexibility Manny Cabeza at the FDIC address Estimated Time per Response: 3–80 applications, and added section 1.776, noted above. hours. which limits the circumstances under Frequency of Response: One-time which price cap LECs must file their SUPPLEMENTARY INFORMATION: Proposal reporting requirement; on-occasion business data services contracts as to renew the following currently reporting requirement; third-party contract-based tariffs. The Commission approved collections of information: disclosure requirement. also amended section 69.701 of its rules 1. Title: Record Keeping, Reporting Obligation To Respond: Required to to specify that its pricing flexibility and Disclosure Requirements in obtain or retain benefits. Statutory rules no longer apply to business data Connection with the Equal Credit authority for this information collection services. Opportunity Act Regulation B. is contained in 47 U.S.C. 1, 4(i)–(j), 201– OMB Number: 3064–0085. Federal Communications Commission. 205, and 303(r) of the Communications Form Number: None. Act of 1934, as amended, 47 U.S.C. 151, Marlene H. Dortch, Affected Public: Insured state 154(i)–(j), 201–205, and 303(r). Secretary, Office of the Secretary. nonmember banks and state savings Total Annual Burden: 1,256 hours. [FR Doc. 2017–14217 Filed 7–5–17; 8:45 am] associations. Total Annual Cost: $61,050. BILLING CODE 6712–01–P Burden Estimate:
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Estimated Source and burden type Number of Annual Total Average time per annual burden respondents frequency responses response (hours)
Credit Reporting History (1002.10) Reporting ...... 3,744 850 3,182,400 2 Minutes...... 106,080 Total Reporting ...... 106,080 Disclosure for Optional Self-Test (1002.5) Third 1,100 2,500 2,750,000 1 Minute...... 45,833 Party Disclosure. Notifications (1002.9) Third Party Disclosure ...... 3,744 1,715 6,420,960 2 Minutes...... 214,032 Appraisal Report Upon Request (1002.12(a)(1)) 3,744 190 711,360 5 Minutes...... 59,280 Third Party Disclosure. Notice of Right to Appraisal (1002.14(a)(2)) Third 3,744 1,650 6,177,600 1 Minute...... 102,960 Party Disclosure. Total Third Party Disclosure ...... 422.105 Record Retention (Applications, Actions, Pre- 3,744 360 1,347,840 1 Minute ...... 22,464 Screened Solicitations)(1002.12) Record Keeping. Record Retention (Self-Testing)(1002.12) Record 1,100 1 1,100 2 Hours...... 2,200 Keeping. Record Retention (Self-Testing Self-Correction) 275 1 275 8 Hours...... 2,200 (1002.15) Record Keeping.
Total Record Keeping ...... 26,864
Total Estimated Annual Burden ...... 555,049
General Description of Collection: number of respondents has decreased supervised institutions and (2) a Regulation B (12 CFR part 1002) issued while the reporting frequency and the decrease in the number of flood by the Consumer Financial Protection estimated time per response remain the insurance policies nationally. In Bureau, prohibits creditors from same. particular, the number of respondents discriminating against applicants on any 2. Title: Flood Insurance. and the frequency of response (number bases specified by the Equal Credit OMB Number: 3064–0120. of loans) have decreased while the Opportunity Act; imposes, reporting, Form Number: None. hours per response remain the same. record keeping and disclosure Affected Public: Insured state FDIC estimates total annual burden to nonmember banks and state savings requirements; establishes guidelines for be 111,540 hours. To obtain this figure, gathering and evaluating credit associations. FDIC relied on: (a) Data from the Federal information; and requires creditors to Burden Estimate: There is no change Emergency Management Agency give applicants certain written notices. in the method or substance of the There is no change in the method or collection. There is an overall reduction (FEMA) as of May 2017; (b) FDIC Call substance of the collection. The overall in burden hours which is the result of Report data as of March 31, 2017; and reduction in burden hours is a result of (1) economic fluctuation reflected by a (c) Federal Reserve Board mortgage data economic fluctuation. In particular, the decrease in the number of FDIC- as of March 31, 2017.
TABLE 1—BURDEN CALCULATION
Share of Item burden Hours Share Hours Hours Total hours
1. Disclosure to the Borrower ...... 50% 0.50 90% 0.45 0.225 25,097 2. Disclosure to the Servicer ...... 0.225 25,097 3. Report to FEMA of a Change in Servicer ...... 10% 0.05 0.05 5,577 4. Recordkeeping (Bank keeps a copy of all notifica- tions) ...... 50% 0.50 ...... 0.50 0.50 55,770 1.0 1.0 1.0 111,540
Respondents (FDIC supervised banks with real estate loans) ...... 3,718 Frequency (Average no. of real estate loans serviced w/ flood ins) ...... 30
Total burden ...... 111,540 Sources: FDIC, FEMA, Federal Reserve Board.
FEMA reported there were 4,983,954 FDIC Call Report data showed that as total value of about $1.19 trillion in flood insurance policies in effect with a of March 31, 2017, there were a total of these loans. Based on the foregoing, we total insured value of 5,790 FDIC-insured institutions with a estimate that FDIC-regulated banks hold $1,238,657,149,400.1 total of $4.25 trillion in 1–4 family; 27.9% of these assets. multifamily; nonfarm, nonresidential, The Federal Reserve Board reported and agricultural loans secured by real $14.41 trillion in mortgage debt 1 https://www.fema.gov/flood-insurance-statistics- estate. As of March 31, 2017, there were outstanding in the U.S., with $4.63 current-month (accessed June 15, 2017). 3,718 FDIC-regulated institutions with a trillion (32.4%) held by depository
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institutions.2 Since this total debt held Federal Emergency Management Agency FEDERAL RESERVE SYSTEM by banks is close to the value of these as being subject to special flood hazards. real estate loans from Call Report data, The Riegle Community Development Proposed Agency Information we have confidence that we can meld Act requires that each institution also Collection Activities; Comment the data sets for estimation purposes. provide a copy of the notice to the Request We therefore assume that 32.4% of the servicer of the loan (if different from the AGENCY: Board of Governors of the value of flood insurance policies will be originating lender). Federal Reserve System. held by U.S. commercial banks: $401 Request for Comment ACTION: billion. Notice, request for comment. Comments are invited on: (a) Whether In the absence of any data on the SUMMARY: The Board of Governors of the number of real estate loans with flood the collections of information are Federal Reserve System (Board) invites insurance at any bank, we resort to necessary for the proper performance of comment on a proposal to extend for apportion 32.4% of the number of flood the FDIC’s functions, including whether three years, without revision, the insurance policies (1,614,801) to the information has practical utility; (b) Government Securities Dealers Reports commercial banks, and 27.9% of those the accuracy of the estimates of the (FR 2004; OMB No. 7100–0003) and a to FDIC-regulated institutions (451,177). burden of the information collections, proposal to extend for three years, with Because the value of property varies including the validity of the revision, the voluntary Weekly Report of greatly between different geographical methodology and assumptions used; (c) Selected Assets and Liabilities of regions and different banks, it is ways to enhance the quality, utility, and Domestically Chartered Commercial doubtful that this estimation of the clarity of the information to be Banks and U.S. Branches and Agencies number of policies is accurate. collected; and (d) ways to minimize the of Foreign Banks (FR 2644; OMB No. However, there exists no other burden of the collections of information 7100–0075). reasonable method for deriving the on respondents, including through the On June 15, 1984, the Office of number of policies at each bank given use of automated collection techniques Management and Budget (OMB) available data. or other forms of information delegated to the Board authority under Next, we apportioned the 451,177 technology. All comments will become the Paperwork Reduction Act (PRA) to flood insurance policies to each FDIC- a matter of public record. approve of and assign OMB control regulated institution according to its Dated at Washington, DC, this 30th day of numbers to collection of information share of real estate loans to total real June, 2017. requests and requirements conducted or estate loans. The resulting Federal Deposit Insurance Corporation. sponsored by the Board. In exercising apportionment results in an average of Robert E. Feldman, this delegated authority, the Board is 121 policies per bank, and a median of Executive Secretary. directed to take every reasonable step to 30 policies per bank. Because the solicit comment. In determining average is skewed by the large number [FR Doc. 2017–14151 Filed 7–5–17; 8:45 am] BILLING CODE 6714–01–P whether to approve a collection of of policies at large banks, we believe the information, the Board will consider all median is a better measure for comments received from the public and calculating burden hours. other agencies. Our subject-matter experts (SMEs) for FEDERAL ELECTION COMMISSION DATES: this rule believe that the total burden to Comments must be submitted on Sunshine Act Meeting the public for complying with this rule or before September 5, 2017. ADDRESSES: is 1.0 hours per policy. We find four AGENCY: Federal Election Commission. You may submit comments, identified by FR 2004 or FR 2644, by PRA related tasks in this rule: (1) DATE & TIME: Tuesday, July 11, 2017 at Disclosure to Borrowers, (2) Disclosure any of the following methods: 10:00 a.m. and its Continuation at the • Agency Web site: http:// to Servicers, (3) Reporting to FEMA of Conclusion of the open meeting on July Changes in Coverage, and (4) www.federalreserve.gov. Follow the 13, 2017. instructions for submitting comments at Recordkeeping for tasks 1–3 above. We PLACE: 999 E Street NW., Washington, assume that Recordkeeping will http://www.federalreserve.gov/apps/ DC. foia/proposedregs.aspx. comprise 1⁄2 hour, and the remaining 1⁄2 STATUS: This meeting will be closed to • Federal eRulemaking Portal: http:// is split between the other tasks. We the public. www.regulations.gov. Follow the assume that 90% of policies will ITEMS TO BE DISCUSSED: instructions for submitting comments. involve a new origination, and 10% of Compliance • Email: regs.comments@ policies will involve a change in status. matters pursuant to 52 U.S.C. 30109. Information the premature disclosure federalreserve.gov. Include OMB With 3,718 respondents holding a of which would be likely to have a number in the subject line of the median of 30 policies and 1 hour of considerable adverse effect on the message. burden per policy, we calculate a total implementation of a proposed • Fax: (202) 452–3819 or (202) 452– burden of 111,540 hours. This burden is Commission action. 3102. apportioned to each task as shown in Matters concerning participation in • Mail: Ann E. Misback, Secretary, Table 1 above. civil actions or proceedings or Board of Governors of the Federal General Description of Collection: arbitration. Reserve System, 20th Street and Each supervised lending institution is * * * * * Constitution Avenue NW., Washington, currently required to provide a notice of DC 20551. special flood hazards to each borrower PERSON TO CONTACT FOR INFORMATION: All public comments are available from with a loan secured by a building or Judith Ingram, Press Officer, Telephone: the Board’s Web site at http:// mobile home located or to be located in (202) 694–1220. www.federalreserve.gov/apps/foia/ an area identified by the Director of the Laura E. Sinram, proposedregs.aspx as submitted, unless Acting Deputy Secretary of the Commission. 2 https://www.federalreserve.gov/econresdata/ modified for technical reasons. releases/mortoutstand/mortoutstand20170331.htm [FR Doc. 2017–14285 Filed 7–3–17; 4:15 pm] Accordingly, your comments will not be (accessed June 15, 2017). BILLING CODE 6715–01–P edited to remove any identifying or
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contact information. Public comments At the end of the comment period, the Treasury in its role as fiscal agent for may also be viewed electronically or in comments and recommendations Treasury financing operations. In paper form in Room 3515, 1801 K Street received will be analyzed to determine addition, these data are helpful in the (between 18th and 19th Streets NW.), the extent to which the Federal Reserve analysis of broad financial conditions Washington, DC 20006 between 9:00 should modify the proposed revisions and a range of financial stability issues. a.m. and 5:00 p.m. on weekdays. prior to giving final approval. Legal authorization and Additionally, commenters may send a confidentiality: This information copy of their comments to the OMB Proposal To Approve Under OMB collection is authorized by sections 2A, Desk Officer—Shagufta Ahmed—Office Delegated Authority the Extension for 12A(c), 14, and 15 of the Federal of Information and Regulatory Affairs, Three Years, Without Revision, of the Reserve Act (12 U.S.C. 225a, 263c, 353– Office of Management and Budget, New Following Report 359, and 391) and is required to obtain Executive Office Building, Room 10235, Report title: The Government or retain the benefit of dealer status. 725 17th Street NW., Washington, DC Securities Dealers Reports: Weekly Individual respondent data are regarded 20503 or by fax to (202) 395–6974. Report of Dealer Positions (FR 2004A), as confidential under the Freedom of FOR FURTHER INFORMATION CONTACT: A Weekly Report of Cumulative Dealer Information Act (5 U.S.C. 552(b)(4) and copy of the PRA OMB submission, Transactions (FR 2004B), Weekly Report (b)(8)). including the proposed reporting form of Dealer Financing and Fails (FR Proposal To Approve Under OMB and instructions, supporting statement, 2004C), Weekly Report of Specific Delegated Authority the Extension for and other documentation will be placed Issues (FR 2004SI), Daily Report of Three Years, With Revision, of the into OMB’s public docket files, once Specific Issues (FR 2004SD), approved. These documents will also be Supplement to the Daily Report of Following Report made available on the Federal Reserve Specific Issues (FR 2004SD ad hoc), Report title: Weekly Report of Board’s public Web site at: http:// Daily Report of Dealer Activity in Selected Assets and Liabilities of www.federalreserve.gov/apps/ Treasury Financing (FR 2004WI), Domestically Chartered Commercial reportforms/review.aspx or may be Settlement Cycle Report of Dealer Fails Banks and U.S. Branches and Agencies requested from the agency clearance and Transaction Volumes: Class A (FR of Foreign Banks. officer, whose name appears below. 2004FA), Settlement Cycle Report of Agency form number: FR 2644. Federal Reserve Board Clearance Dealer Fails and Transaction Volumes: OMB control number: 7100–0075. Officer—Nuha Elmaghrabi—Office of Class B (FR 2004FB), Settlement Cycle Effective Date: January 3, 2018. the Chief Data Officer, Board of Report of Dealer Fails and Transaction Frequency: Weekly. Governors of the Federal Reserve Volumes: Class C (FR 2004FC), and Respondents: Domestically chartered System, Washington, DC 20551 (202) Settlement Cycle Report of Dealer Fails commercial banks and U.S. branches 452–3829. Telecommunications Device and Transaction Volumes (FR 2004FM). and agencies of foreign banks. for the Deaf (TDD) users may contact Agency form number: FR 2004. Estimated number of respondents: (202) 263–4869, Board of Governors of OMB control number: 7100–0003. 875. the Federal Reserve System, Frequency: Weekly, daily, monthly. Estimated average hours per response: Washington, DC 20551. Respondents: Dealers in the U.S. 2.35 hours. Estimated annual burden hours: SUPPLEMENTARY INFORMATION: government securities market. Estimated number of respondents: 23. 106,925 hours. Request for Comment on Information Estimated average hours per response: General Description of Report: The FR Collection Proposals FR 2004A, 3.0 hours; FR 2004B, 3.7 2644 is a balance sheet report that is The Board invites public comment on hours; FR 2004C, 3.1 hours; FR 2004SI, collected as of each Wednesday from an the following information collections, 2.2 hours; FR 2004SD, 2.2 hours; FR authorized stratified sample of 875 which are being reviewed under 2004SD ad hoc, 2.0 hours; FR 2004WI, domestically chartered commercial authority delegated by the OMB under 1.0 hour; FR 2004FA, 1.0 hour; FR banks and U.S. branches and agencies of the PRA. Comments are invited on the 2004FB, 1.0 hour; FR 2004FC, 1.0 hour; foreign banks. The FR 2644 is the only following: FR 2004FM, 1.5 hours. source of high-frequency data used in a. Whether the proposed collection of Estimated annual burden hours: FR the analysis of current banking information is necessary for the proper 2004A, 3,588 hours; FR 2004B, 4,425 developments. The FR 2644 collects performance of the Federal Reserve’s hours; FR 2004C, 3,708 hours; FR sample data that are used to estimate functions; including whether the 2004SI, 2,631 hours; FR 2004SD, 1,265 universe levels using data from the information has practical utility; hours; FR 2004SD ad hoc, 1,196 hours; quarterly commercial bank Consolidated b. The accuracy of the Federal FR 2004WI, 3,680 hours; FR 2004FA, Reports of Condition and Income (FFIEC Reserve’s estimate of the burden of the 276 hours; FR 2004FB, 276 hours; FR 031, FFIEC 041, and FFIEC 051; OMB proposed information collection, 2004FC, 276 hours; FR 2004FM, 414 No. 7100–0036) and the Report of Assets including the validity of the hours. and Liabilities of U.S. Branches and methodology and assumptions used; General Description of Report: The Agencies of Foreign Banks (FFIEC 002; c. Ways to enhance the quality, Federal Reserve Bank of New York, on OMB No. 7100–0032) (Call Reports). utility, and clarity of the information to behalf of the Federal Reserve System, Data from the FR 2644, together with be collected; collects data from primary dealers in the data from other sources, are used to d. Ways to minimize the burden of U.S. government securities market. construct weekly estimates of bank information collection on respondents, Filing of these data is required to obtain credit, balance sheet data for the U.S. including through the use of automated the benefit of primary dealer status. The banking industry, sources and uses of collection techniques or other forms of Federal Reserve uses these data to (1) banks’ funds, and to analyze current information technology; and monitor the condition of the U.S. banking and monetary developments. e. Estimates of capital or startup costs government securities market in its The Board publishes the data in and costs of operation, maintenance, Treasury market surveillance and aggregate form in the weekly H.8 and purchase of services to provide analysis of the market and to (2) assist statistical release, Assets and Liabilities information. and support the U.S. Department of the of Commercial Banks in the United
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States, which is followed closely by Rates (FR 2420; OMB No. 7100–0357), These memoranda items were added other government agencies, the banking which collects transaction-level data, to the FR 2644 reporting form as of industry, the financial press, and other including counterparty information, for January 7, 2015, due to increasing users. The H.8 release provides a both federal funds purchased and other interest in the health of small business balance sheet for the banking industry borrowings. Therefore, the Board lending and the lack of other timely as a whole and data disaggregated by its recommends dropping the counterparty sources of information. The large domestic, small domestic, and detail from the FR 2644 report. recommendation to discontinue the foreign-related bank components. collection of these data items is based Replace Item 8 With New Item 8.b Proposed revisions: The Board on three factors: proposes several revisions to simplify The Board proposes to replace Total (1) The new FFIEC 051 Call Report for and reduce the overall reporting burden deposits (item 8) with All other deposits eligible small banks with assets less associated with the FR 2644 report. The (item 8.b). This new item will consist of than $1 billion will require only proposed FR 2644 reporting form would all deposits other than time deposits of semiannual reporting (June and consist of 29 balance-sheet items and 2 $100,000 or more. The Board assesses December) for the related Call Report memoranda items, an overall reduction that reporting accuracy will be higher if data items. This new Call Report was of six data items. banks report the two pieces of total implemented as of March 31, 2017. deposits separately, rather than Combine Asset Items 3.a and 3.b Into Semiannual, rather than quarterly, reporting total deposits and time reporting by three-fourths of the One Data Item, and Liability Items 9.a deposits of $100,000 or more, a subset and 9.b Into One Data Item domestic banks in the universe would of the former. The Board believes that severely limit the Board’s ability to The Board proposes to combine (1) this small change will reduce the estimate universe data from the weekly Federal funds sold and securities incidence of misreporting, leading to sample FR 2644 data and to sufficiently purchased under agreements to resell fewer edit failures and less need for benchmark those estimates, leading to with commercial banks in the U.S. explanatory contact with respondents. deterioration in the universe estimates. (including U.S. branches and agencies Proposed Elimination of Data Items (2) During the development of the of foreign banks) (item 3.a) and (2) FFIEC 051, both in-person conversations Federal funds sold and securities The Board proposes to stop separately with bankers and their comments in purchased under agreements to resell collecting two data items related to response to the associated Federal with others (including nonbank brokers banks’ derivative and other trading Register notices identified these items and dealers in securities and FHLB) activities: (1) Trading assets, other than as among the most burdensome for (item 3.b) into one new item: Federal securities and loans included above banks to provide, in some cases funds sold and securities purchased (item 5) and (2) Trading liabilities (item requiring manual intervention to do so. under agreements to resell (item 3) and 10). Data item 5 would be included in (3) Many of the panel respondents, to combine (1) Borrowings (including All other assets (item 6.b), while data including most of the largest banks, federal funds purchased and securities item 10 would be rolled into All other repeat their latest quarterly Call Report sold under agreements to repurchase liabilities (including subordinated notes figures for these data items. This and other borrowed money) from and debentures) (item 11.b). Successive practice does not provide the Board commercial banks in the U.S. (including data items would be renumbered as with the more up-to-date information U.S. branches and agencies of foreign appropriate. that it had been seeking. banks) (item 9.a) and (2) Borrowings During the 2015 renewal of the FR Legal authorization and (including federal funds purchased and 2644, derivatives with positive and confidentiality: The FR 2644 is securities sold under agreements to negative fair values, items 5.a and 10.a, authorized by section 2A and 11(a)(2) of repurchase and other borrowed money) the major components of trading assets the Federal Reserve Act (12 U.S.C. from others (including FRB and FHLB) and trading liabilities respectively, were 225(a) and 248(a)(2)) and by section (item 9.b) into one new item: dropped from the reporting form. 7(c)(2) of the International Banking Act Borrowings (including federal funds Weekly changes in the total items could (12 U.S.C. 3105(c)(2)) and is voluntary. purchased and securities sold under reasonably be attributed to movements Individual respondent data are regarded agreements to repurchase and other in derivatives, since they accounted for as confidential under the Freedom of borrowed money) (item 9). the preponderance of the trading items. Information Act (5 U.S.C. 552(b)(4)). Counterparty-level detail on federal However, in the intervening period, the funds sold and securities purchased Board has assessed that the benefits of Board of Governors of the Federal Reserve System, June 29, 2017. under agreements to resell (federal collecting the two trading assets and funds) has been collected from large liabilities items separately, in terms of Ann E. Misback, banks since mid-1969 and from small analytical usefulness, do not exceed the Secretary of the Board. banks since July 2009. Similar costs of collection. [FR Doc. 2017–14140 Filed 7–5–17; 8:45 am] information for borrowings has been The Board also proposes to stop BILLING CODE 6210–01–P reported by both large and small banks collecting two memoranda items: (1) since October 1996. In the H.8 release, Loans to small businesses amount federal funds sold to commercial banks currently outstanding of ‘‘Loans secured FEDERAL RESERVE SYSTEM have been included in interbank loans by nonfarm nonresidential properties’’ Formations of, Acquisitions by, and and federal funds sold to others have with original amounts of $1,000,000 or Mergers of Bank Holding Companies been included in non-core loans as part less (included in item 4.a.(5) above) of other loans and leases. (item M.2 a) and (2) Loans to small The companies listed in this notice These asset/liability breakdowns have businesses amount currently have applied to the Board for approval, provided useful information on outstanding of ‘‘Commercial and pursuant to the Bank Holding Company counterparties, especially during the industrial loans to U.S. addressees’’ Act of 1956 (12 U.S.C. 1841 et seq.) financial crisis. However, this with original amounts of $1,000,000 or (BHC Act), Regulation Y (12 CFR part information may now be obtained from less (included in item 4.c above) (item 225), and all other applicable statutes the Report of Selected Money Market M.2. b). and regulations to become a bank
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holding company and/or to acquire the D. Federal Reserve Bank of Chicago that corresponds with ‘‘Information assets or the ownership of, control of, or (Colette A. Fried, Assistant Vice Collection 3090–0118, Statement of the power to vote shares of a bank or President) 230 South LaSalle Street, Witness, SF 94.’’ Follow the instructions bank holding company and all of the Chicago, Illinois 60690–1414: provided at the ‘‘Submit a Comment’’ banks and nonbanking companies 1. First Busey Corporation, screen. Please include your name, owned by the bank holding company, Champaign, Illinois; to merge with Mid company name (if any), and including the companies listed below. Illinois Bancorp, Inc., Peoria, Illinois, ‘‘Information Collection 3090–0118, The applications listed below, as well and thereby indirectly acquire South Statement of Witness, SF 94’’ on your as other related filings required by the Side Trust & Savings Bank, Peoria, attached document. Board, are available for immediate Illinois. • Mail: General Services inspection at the Federal Reserve Bank Board of Governors of the Federal Reserve Administration, Regulatory Secretariat indicated. The applications will also be System, June 30, 2017. Division (MVCB), 1800 F Street NW., available for inspection at the offices of Yao-Chin Chao, Washington, DC 20405. ATTN: Ms. Sosa/IC 3090–0118, Statement of the Board of Governors. Interested Assistant Secretary of the Board. persons may express their views in Witness, SF 94. [FR Doc. 2017–14209 Filed 7–5–17; 8:45 am] writing on the standards enumerated in Instructions: Please submit comments the BHC Act (12 U.S.C. 1842(c)). If the BILLING CODE 6210–01–P only and cite Information Collection proposal also involves the acquisition of 3090–0118, Statement of Witness, SF a nonbanking company, the review also 94, in all correspondence related to this includes whether the acquisition of the GENERAL SERVICES collection. Comments received generally nonbanking company complies with the ADMINISTRATION will be posted without change to http:// www.regulations.gov, including any standards in section 4 of the BHC Act [OMB Control No. 3090–0118; Docket 2017– (12 U.S.C. 1843). Unless otherwise 0001; Sequence 2] personal and/or business confidential noted, nonbanking activities will be information provided. To confirm conducted throughout the United States. Submission for OMB Review; receipt of your comment(s), please Unless otherwise noted, comments Statement of Witness, Standard Form check www.regulations.gov, regarding each of these applications 94 approximately two to three days after must be received at the Reserve Bank submission to verify posting (except indicated or the offices of the Board of AGENCY: Federal Vehicle Policy allow 30 days for posting of comments Governors not later than August 1, 2017. Division, General Services submitted by mail). A. Federal Reserve Bank of Boston Administration (GSA). SUPPLEMENTARY INFORMATION: ACTION: Notice of a request for (Prabal Chakrabarti, Senior Vice A. Purpose President) 600 Atlantic Avenue, Boston, comments regarding a reinstatement, Massachusetts 02210–2204. Comments with change, to an OMB clearance. GSA is requesting the Office of can also be sent electronically to Management and Budget (OMB) to SUMMARY: Under the provisions of the BOS.SRC.Applications.Comments@ review and approve a reinstatement, Paperwork Reduction Act of 1995, GSA bos.frb.org: with change, to information collection, has submitted to the Office of 1. SI Financial Group, Inc., 3090–0118, Statement of Witness, SF Management and Budget (OMB) a Willimantic, Connecticut; to become a 94. The forms are used by all Federal request to review and approve a bank holding company in association agencies to report accident information reinstatement, with change, to an with the revocation of its 10(1) election. involving U.S. Government motor information collection requirement SI Financial Group owns Savings vehicles. concerning Standard Form (SF) 94, Institute Bank and Trust Company, Statement of Witness. A notice was B. Annual Reporting Burden Willimantic, Connecticut. published in the Federal Register at 82 Respondents: 874. B. Federal Reserve Bank of Cleveland FR 19722, on April 28, 2017. No Responses per Respondent: 1. (Nadine Wallman, Vice President) 1455 comments were received. Total Annual Responses: 874. East Sixth Street, Cleveland, Ohio DATES: Submit comments on or before Hours per response: .333. 44101–2566. Comments can also be sent Total Burden Hours: 291. electronically to August 7, 2017. [email protected]: FOR FURTHER INFORMATION CONTACT: Ray C. Public Comment 1. Wayne Savings Bancshares, Inc., Wynter, Federal Vehicle Policy Public comments are particularly Wooster, Ohio; to become a bank Division, at 202–501–3802, or email invited on: Whether this collection of holding company by acquiring 100 [email protected]. information is necessary and whether it percent of the voting shares of Wayne ADDRESSES: Submit comments regarding will have practical utility; whether our Savings Community Bank, Wooster, this burden estimate or any other aspect estimate of the public burden of this Ohio, upon its conversion to a of this collection of information, collection of information is accurate, commercial bank. including suggestions for reducing this and based on valid assumptions and C. Federal Reserve Bank of Atlanta burden to: Office of Information and methodology; ways to enhance the (Chapelle Davis, Assistant Vice Regulatory Affairs of OMB, Attention: quality, utility, and clarity of the President) 1000 Peachtree Street NE., Desk Officer for GSA, Room 10236, information to be collected. Atlanta, Georgia 30309. Comments can NEOB, Washington, DC 20503. Obtaining Copies of Proposals: also be sent electronically to Additionally submit a copy to GSA by Requesters may obtain a copy of the [email protected]: any of the following methods: information collection documents from 1. Seacoast Banking Corporation of • Regulations.gov: http:// the General Services Administration, Florida, Stuart, Florida; to merge with www.regulations.gov. Submit comments Regulatory Secretariat Division (MVCB), NorthStar Banking Corporation, and via the Federal eRulemaking portal by 1800 F Street NW., Washington, DC thereby indirectly acquire NorthStar searching the OMB control number. 20405, telephone 202–501–4755. Please Bank, both of Tampa, Florida. Select the link ‘‘Submit a Comment’’ cite OMB Control No. 3090–0118,
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Statement of Witness, SF 94, in all Collection 3090–0290, System for performance of functions of the System correspondence. Award Management Registration for Award Management Registration Dated: June 29, 2017. Requirements for Prime Grant Requirements for Prime Grant David A. Shive, Recipients’’ on your attached document. Recipients, whether it will have • Mail: General Services practical utility; whether our estimate of Chief Information Officer. Administration, Regulatory Secretariat the public burden of this collection of [FR Doc. 2017–14183 Filed 7–5–17; 8:45 am] Division (MVCB), 1800 F Street NW., information is accurate, and based on BILLING CODE 6820–34–P Washington, DC 20405. ATTN: Ms. valid assumptions and methodology; Sosa/IC 3090–0290. ways to enhance the quality, utility, and Instructions: Please submit comments clarity of the information to be GENERAL SERVICES only and cite Information Collection ADMINISTRATION collected; and ways in which we can 3090–0290, System for Award minimize the burden of the collection of [OMB Control No. 3090–0290; Docket No. Management Registration Requirements information on those who are to 2017–0001; Sequence No. 6] for Prime Grant Recipients, in all respond, through the use of appropriate correspondence related to this technological collection techniques or Information Collection; System for collection. Comments received generally other forms of information technology. Award Management Registration will be posted without change to http:// Obtaining Copies of Proposals: Requirements for Prime Grant www.regulations.gov, including any Requesters may obtain a copy of the Recipients personal and/or business confidential information collection documents from AGENCY: Office of the Integrated Award information provided. To confirm the General Services Administration, Environment, General Services receipt of your comment(s), please Regulatory Secretariat Division (MVCB), Administration (GSA). check www.regulations.gov, 1800 F Street NW., Washington, DC ACTION: Notice of request for comments approximately two to three days after 20405, telephone 202–501–4755. Please regarding an extension to an existing submission to verify posting (except cite OMB Control No. 3090–0290, OMB information collection. allow 30 days for posting of comments System for Award Management submitted by mail). Registration Requirements for Prime SUMMARY: Under the provisions of the FOR FURTHER INFORMATION CONTACT: Ms. Grant Recipients, in all correspondence. Paperwork Reduction Act of 1995, the Nancy Goode, Program Manager, IAE Dated: June 28, 2017. Regulatory Secretariat Division will be Business Operations Division, at David A. Shive, submitting to the Office of Management telephone number 703–605–2175; or via Chief Information Officer. and Budget (OMB) a request to review email at [email protected]. [FR Doc. 2017–14185 Filed 7–5–17; 8:45 am] and approve a renewal of the currently SUPPLEMENTARY INFORMATION: approved information collection BILLING CODE 6820–WY–P requirement regarding the pre-award A. Purpose registration requirements for federal This information collection requires Prime Grant Recipients. The title of the information necessary for prime DEPARTMENT OF HEALTH AND approved information collection is applicants and recipients, excepting HUMAN SERVICES Central Contractor Registration individuals, of Federal grants to register Requirements for Prime Grant in the System for Award Management Centers for Medicare & Medicaid Recipients. The updated information (SAM) and maintain an active SAM Services collection title, based on the migration registration with current information at [Document Identifier CMS- R–138, CMS– of the Central Contractor Registration all times during which they have an 18F5 and CMS–10651] system to the System for Award active Federal award or an application Management in late July 2012, is System or plan under consideration by an Agency Information Collection for Award Management Registration agency pursuant to 2CFR Subtitle A, Activities: Proposed Collection; Requirements for Prime Grant Chapter I, and Part 25 (75 FR 5672). Comment Request Recipients. This facilitates prime awardee reporting AGENCY: Centers for Medicare & DATES: Submit comments on or before of sub-award and executive Medicaid Services, HHS. compensation data pursuant to the September 5, 2017. ACTION: Notice. ADDRESSES: Submit comments Federal Funding Accountability and identified by ‘‘Information Collection Transparency Act (Pub. L. 109–282, as SUMMARY: The Centers for Medicare & 3090–0290, System for Award amended by section 6202(a) of Pub. L. Medicaid Services (CMS) is announcing Management Registration Requirements 110–252). This information collection an opportunity for the public to for Prime Grant Recipients’’ by any of requires that all prime grant awardees, comment on CMS’ intention to collect the following methods: subject to reporting under the information from the public. Under the • Regulations.gov: http:// Transparency Act register and maintain Paperwork Reduction Act of 1995 (the www.regulations.gov. Submit comments their registration in SAM. PRA), federal agencies are required to via the Federal eRulemaking portal by B. Annual Reporting Burden publish notice in the Federal Register searching the OMB control number concerning each proposed collection of Respondents: 177,960. 3090–0290. Select the link ‘‘Comment Responses per Respondent: 1. information (including each proposed Now’’ that corresponds with Total annual responses: 177,960. extension or reinstatement of an existing ‘‘Information Collection 3090–0290, Hours per Response: 2. collection of information) and to allow System for Award Management Total Burden Hours: 355,920. 60 days for public comment on the Registration Requirements for Prime proposed action. Interested persons are Grant Recipients’’. Follow the C. Public Comments invited to send comments regarding our instructions provided on the screen. Public comments are particularly burden estimates or any other aspect of Please include your name, company invited on: Whether this collection of this collection of information, including name (if any), and ‘‘Information information is necessary for the proper the necessity and utility of the proposed
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information collection for the proper CMS–10651 CMS Tribal Long Term process also contributes to limiting the performance of the agency’s functions, Services and Supports (LTSS) number of hospitals that ultimately the accuracy of the estimated burden, Program Survey need to appeal their MGCRB decisions ways to enhance the quality, utility, and Under the PRA (44 U.S.C. 3501– to the CMS Administrator. Form clarity of the information to be 3520), federal agencies must obtain Number: CMS–R–138 (OMB control collected, and the use of automated approval from the Office of Management number: 0938–0573); Frequency: collection techniques or other forms of and Budget (OMB) for each collection of Occasionally; Affected Public: information technology to minimize the information they conduct or sponsor. Businesses or other for-profits and Not- information collection burden. The term ‘‘collection of information’’ is for-profit institutions; Number of DATES: Comments must be received by defined in 44 U.S.C. 3502(3) and 5 CFR Respondents: 300; Total Annual September 5, 2017. 1320.3(c) and includes agency requests Responses: 300; Total Annual Hours: 300. (For policy questions regarding this ADDRESSES: When commenting, please or requirements that members of the reference the document identifier or public submit reports, keep records, or collection contact Noel Manlove at 410– OMB control number. To be assured provide information to a third party. 786–5161.) 2. Type of Information Collection consideration, comments and Section 3506(c)(2)(A) of the PRA Request: Extension of a currently recommendations must be submitted in requires federal agencies to publish a approved collection; Title of any one of the following ways: 60-day notice in the Federal Register Information Collection: Application for 1. Electronically. You may send your concerning each proposed collection of Hospital Insurance and Supporting comments electronically to http:// information, including each proposed Regulations; Use: Individuals who are www.regulations.gov. Follow the extension or reinstatement of an existing already entitled to retirement or instructions for ‘‘Comment or collection of information, before disability benefits under Social Security Submission’’ or ‘‘More Search Options’’ submitting the collection to OMB for or Railroad Retirement Board (RRB) to find the information collection approval. To comply with this benefits are automatically entitled to document(s) that are accepting requirement, CMS is publishing this premium-free Medicare Hospital comments. notice. Insurance (Part A) when they attain age 2. By regular mail. You may mail Information Collection 65 or reach the 25th month of disability written comments to the following benefit entitlement. These individuals address: 1. Type of Information Collection do not file a separate application for CMS, Office of Strategic Operations Request: Extension of a currently Medicare Part A because their and Regulatory Affairs, Division of approved collection; Title of application for Social Security or RRB Regulations Development, Attention: Information Collection: Medicare benefits is also an application for Part A. Document Identifier/OMB Control Geographic Classification Review Board ______The form is for individuals who are not Number , Room C4–26–05, 7500 Procedures and Criteria; Use: During the eligible for Social Security for RRB Security Boulevard, Baltimore, first few years of IPPS, hospitals were benefits, but may qualify for premium- Maryland 21244–1850. paid strictly based on their physical free Medicare Part A based on certain To obtain copies of a supporting geographic location concerning the requirements outlined in § 406.11 and statement and any related forms for the wage index (Metropolitan Statistical 406.15 or for certain disabled proposed collection(s) summarized in Areas (MSAs)) and the standardized individuals who may enroll in premium this notice, you may make your request amount (rural, other urban, or large Medicare Part A based on certain using one of following: urban). However, a growing number of requirements outlined in § 406.20. 1. Access CMS’ Web site address at hospitals became concerned that their Individuals may also choose to enroll in https://www.cms.gov/Regulations-and- payment rates were not providing Medicare Part B at the same time they Guidance/Legislation/ accurate compensation. The hospitals apply for Medicare Part A. Form PaperworkReductionActof1995/PRA- argued that they were not competing Number: CMS–18F5 (OMB control Listing.html. with the hospitals in their own number: 0938–0251); Frequency: Once; 2. Email your request, including your geographic area, but instead that they Affected Public: Individuals or address, phone number, OMB number, were competing with hospitals in households; Number of Respondents: and CMS document identifier, to neighboring geographic areas. At that 51,000; Total Annual Responses: [email protected]. point, Congress enacted Section 51,000; Total Annual Hours: 29,580. 3. Call the Reports Clearance Office at 1886(d)(10) of the Act which enabled (For policy questions regarding this (410) 786–1326. hospitals to apply to be considered part collection contact Carla Patterson at FOR FURTHER INFORMATION CONTACT: of neighboring geographic areas for 410–786–8911.) William Parham at (410) 786–4669. payment purposes based on certain 3. Type of Information Collection SUPPLEMENTARY INFORMATION: criteria. The application and decision Request: New collection (request for a process is administered by the MGCRB Contents new OMB control number); Title of which is not a part of CMS so that CMS Information Collection: CMS Tribal This notice sets out a summary of the could not be accused of any untoward Long Term Services and Supports use and burden associated with the action. However, CMS needs to remain (LTSS) Program Survey; Use: The following information collections. More apprised of any potential payment Survey will provide CMS with an detailed information can be found in changes. Hospitals are required to inventory of LTSS programs for older each collection’s supporting statement provide CMS with copy of any adults or individuals with disabilities and associated materials (see applications that they made to the managed by American Indian and ADDRESSES). MGCRB. CMS also developed the Alaska Native (AI/AN) tribes. CMS–R–138 Medicare Geographic guidelines for the MGCRB that were the Information on tribal LTSS programs Classification Review Board interim final issue of the Federal has previously been gathered through Procedures and Criteria Register, and must ensure that the publicly available data via online CMS–18F5 Application for Hospital MGCRB properly applied the research. However, not all of the Insurance and Supporting Regulations guidelines. This check and balance information, including program contact
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information and program focus, are afternoon will include a presentation on October Care and Services Summit and regularly available online as tribal Web planning and progress towards the federal workgroup updates. sites are not updated frequently. October Care and Services Summit and Procedure and Agenda: This meeting Therefore, the survey will enable the federal workgroup updates. is open to the public. Please allow 45 collection of the most accurate DATES: The meeting will be held on minutes to go through security and walk information possible. Friday, July 28, 2017 from 9:00 a.m. to to the meeting room. The meeting will The respondents include 424 LTSS 5:00 p.m. EDT. also be webcast at www.hhs.gov/live. programs run by AI/AN tribes. Once the ADDRESSES: The meeting will be held in Authority: 42 U.S.C. 11225; Section 2(e)(3) survey has been conducted, CMS will of the National Alzheimer’s Project Act. The feature the survey data, specifically a Room 800 in the Hubert H. Humphrey Building, 200 Independence Avenue panel is governed by provisions of Public list of AI/AN managed LTSS programs, Law 92–463, as amended (5 U.S.C. Appendix online on CMS.gov. The dissemination SW., Washington, DC 20201. 2), which sets forth standards for the of survey data on CMS.gov will allow Comments: Time is allocated on the formation and use of advisory committees. agenda in the afternoon to hear public tribal communities and the general Dated: June 27, 2017. public to access this important data. comments. The time for oral comments will be limited to two (2) minutes per John R. Graham, Documentation of these programs will Acting Assistant Secretary for Planning and support sharing of LTSS best practices individual. In lieu of oral comments, formal written comments may be Evaluation. and innovative models employed in [FR Doc. 2017–14156 Filed 7–5–17; 8:45 am] Indian Country. CMS will use the submitted for the record to Rohini BILLING CODE 4150–05–P survey data to generate further content Khillan, ASPE, 200 Independence on LTSS in Indian Country, including Avenue SW., Room 424E, Washington, literature reviews and reports on best DC 20201. All comments should be submitted to [email protected] for the DEPARTMENT OF HEALTH AND practices. HUMAN SERVICES Form Number: CMS–10651 (OMB record and to share with the Advisory control number: 0938–TBD); Frequency: Council by July 21, 2017. Those Office of the Secretary Yearly; Affected Public: State, Local, or submitting comments should identify Tribal Governments; Number of themselves and any relevant [Document Identifier 0990–0421–30D] Respondents: 425; Total Annual organizational affiliations. Responses: 425; Total Annual Hours: FOR FURTHER INFORMATION CONTACT: Agency Information Collection 106. (For policy questions regarding this Rohini Khillan (202) 690–5932, Activities; Submission to OMB for collection contact John Johns at 410– [email protected]. Note: Seating Review and Approval; Public Comment 786–7253). may be limited. Those wishing to attend Request the meeting must send an email to Dated: June 29, 2017. AGENCY: Office of the Secretary, HHS. William N. Parham, III, [email protected] and put ‘‘July 28 Meeting ACTION: Notice. Director, Paperwork Reduction Staff, Office Attendance’’ in the Subject line by Tuesday, July 18, 2017 so that their of Strategic Operations and Regulatory SUMMARY: In compliance with the names may be put on a list of expected Affairs. Paperwork Reduction Act of 1995, the attendees and forwarded to the security [FR Doc. 2017–14109 Filed 7–5–17; 8:45 am] Office of the Secretary (OS), Department officers the Humphrey Building. Any BILLING CODE 4120–01–P of Health and Human Services, has interested member of the public who is submitted an Information Collection a non-U.S. citizen should include this Request (ICR), described below, to the information at the time of registration to DEPARTMENT OF HEALTH AND Office of Management and Budget ensure that the appropriate security HUMAN SERVICES (OMB) for review and approval. The ICR procedure to gain entry to the building is for revision of the approved Advisory Council on Alzheimer’s is carried out. Although the meeting is information collection assigned OMB Research, Care, and Services; Meeting open to the public, procedures control number 0990–0421, scheduled governing security and the entrance to AGENCY: Assistant Secretary for to expire on July 31, 2017. Comments federal buildings may change without Planning and Evaluation, HHS. submitted during the first public review notice. If you wish to make a public of this ICR will be provided to OMB. ACTION: Notice of meeting. comment, you must note that within OMB will accept further comments from your email. SUMMARY: This notice announces the the public on this ICR during the review public meeting of the Advisory Council SUPPLEMENTARY INFORMATION: Notice of and approval period. on Alzheimer’s Research, Care, and these meetings is given under the DATES: Comments on the ICR must be Services (Advisory Council). The Federal Advisory Committee Act (5 received on or before August 7, 2017. Advisory Council provides advice on U.S.C. App. 2, section 10(a)(1) and ADDRESSES: Submit your comments to how to prevent or reduce the burden of (a)(2)). Topics of the Meeting: The _ Alzheimer’s disease and related Advisory Council will spend the OIRA [email protected] or via dementias on people with the disease morning discussing information gaps facsimile to (202) 395–5806. and their caregivers. The Advisory across the three areas of research, FOR FURTHER INFORMATION CONTACT: Council will spend the morning clinical care, and long term services and Sherrette Funn, [email protected] discussing information gaps across the supports. There will also be a or (202) 795–7714. three areas of research, clinical care, and presentation on the recently released SUPPLEMENTARY INFORMATION: When long term services and supports. There National Academy of Sciences, submitting comments or requesting will also be a presentation on the Engineering, and Medicine (NASEM) information, please include the recently released National Academy of report on preventing cognitive decline. document identifier 0990–0421–30D for Sciences, Engineering, and Medicine Additional presentations in the reference. (NASEM) report on preventing cognitive afternoon will include a presentation on Information Collection Request Title: decline. Additional presentations in the planning and progress towards the ASPE Generic Clearance for the
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Collection of Qualitative Research and strategic planning, legislative planning, shape emerging health and human Assessment. and review of regulations. Integral to services policy issues for HHS OMB No.: 0990–0421. this role, ASPE will use this mechanism leadership, agencies, and offices. The Abstract: The Office of the Assistant to conduct qualitative research, end purpose is to obtain broad and Secretary for Planning and Evaluation evaluation, or assessment, conduct diverse perspectives on public health, (ASPE) is requesting an extension for analyses, and understand needs, human service, and health care issues to their generic clearance for purposes of barriers, or facilitators for HHS-related understand emerging issues, promising conducting qualitative research. ASPE programs. practices by innovative programs or conducts qualitative research to gain a ASPE is requesting comment on the organizations funded by HHS, or better understanding of emerging health burden for qualitative research aimed at examining health or human service and human services policy issues, understanding emerging health and policy issues that have as yet gone develop future intramural and human services policy issues. The goal unanswered or need further extramural research projects, and to of developing these activities is to examination. Additionally, ASPE will ensure HHS leadership, agencies and identify emerging issues and research collect, analyze, and interpret offices have recent data and information gaps to ensure the successful information gathered through this to inform program and policy decision- implementation of HHS programs. The generic clearance to identify strengths making. ASPE is requesting approval for participants may include health and and weaknesses of current programs, at least four types of qualitative research human services experts; national, state, policies, and services. which include, but are not limited to: (a) and local health or human services Likely Respondents: Respondents Interviews, (b) focus groups, (c) representatives; public health, human have typically been stakeholders from questionnaires, and (d) other qualitative services, or healthcare providers; and the health and human services fields methods. representatives of other health or human such as state health officers, human ASPE’s mission is to advise the services organizations. The increase in service professionals, groups that Secretary of the Department of Health burden from 747 in 2014 to 1,500 represent health or human services and Human Services on policy respondents in 2017 reflects an increase interests or populations, individual development in health, disability, in the number of research projects experts in the fields of health, human human services, data, and science, and conducted over the estimate in 2014. services, science, data, or other relevant provides advice and analysis on Need and Proposed Use of the professions, and other individuals and economic policy. ASPE leads special Information: The information collected groups relevant to the work conducted initiatives, coordinates the Department’s for qualitative policy research and by ASPE and HHS. evaluation, research and demonstration assessment will be used by ASPE to The total annual burden hours activities, and manages cross- develop future intramural and estimated for this ICR are summarized Department planning activities such as extramural research projects and to in the table below.
TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS
Average Number of Number of burden per Total burden Form name respondents responses per response hours respondent (in hours)
Health or Human Services Stakeholder ...... 2,000 1 1 2,000
Total ...... 2,000 1 1 2,000
Terry S. Clark, conducted by the University of following publications and grant Asst. Information Collection Clearance California, Riverside (UCR), the Office applications. Officer. of Research Integrity’s (ORI’s) review of • Gou, D., Rubalcava, M., Sauer, S., [FR Doc. 2017–14211 Filed 7–5–17; 8:45 am] UCR’s Research Misconduct Mora-Bermu´ dez, F., Erdjument- BILLING CODE 4150–05–P Investigation Report, the Report of Bromage, H., Tempst, P., Kremmer, E., Investigation by the National Science & Sauer, F. ‘‘SETDB1 is involved in Foundation (NSF) Office of Inspector postembryonic DNA methylation and DEPARTMENT OF HEALTH AND General, additional evidence obtained gene silencing in Drosophila.’’ PLoS HUMAN SERVICES by ORI during its oversight review of One 5(5):e10581, 2010 (hereafter UCR’s investigation, and independent referred to as ‘‘PLoS One 2010’’). Office of the Secretary analyses conducted as part of ORI’s oversight review, ORI found that Dr. • Sanchez-Elsner, T., Gou, D., Findings of Research Misconduct Frank Sauer, former Associate Professor Kremmer, E., & Sauer, F. ‘‘Noncoding AGENCY: Office of the Secretary, HHS. of Biochemistry, UCR, committed RNAs of trithorax response elements research misconduct in research recruit Drosophila Ash1 to ACTION: Notice. supported by the following National Ultrabithorax.’’ Science Notice is hereby given that on June Institute of General Medical Sciences 311(5764):1118–1123, 2006 (hereafter 22, 2017, the Department of Health and (NIGMS), National Institutes of Health referred to as ‘‘Science 2006’’). Human Services (HHS) took final action (NIH) grants: • Maile, T., Kwoczynski, S., in the following case: • R01 GM073776 Katzenberger, R.J., Wassarman, D.A., & Frank Sauer, Ph.D., University of • R01 GM066204 Sauer, F. ‘‘TAF1 activates transcription California, Riverside: Based on evidence Images that were falsified and/or by phosphorylation of serine 33 in and findings of an investigation fabricated were presented in the histone H2B.’’ Science 304(5673):1010–
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1014, 2004 (hereafter referred to as 2002, to represent an HMT assay with any PHS advisory committee, board, ‘‘Science 2004’’). different experimental conditions, and and/or peer review committee, or as a • National Institute on Drug Abuse also was used in Figure 1B, Science consultant, through July 27, 2020, the (NIDA), NIH, grant application R21 2004, to represent stained PAGE for an end date of his government-wide DA025703–01. in vitro kinase assay. debarment, which was imposed by NSF; • National Institute of Diabetes and 5. The image in Figure 1C, R01 and Digestive and Kidney Diseases (NIDDK), GM085303–01 and Figure 1B, R01 (2) ORI will send a notice to PLoS NIH, grant application R21 DK082631– GM085303–01A1, representing an HMT requesting retraction or correction of 01. assay, was manipulated and used to PLoS One 5(5):e10581, 2010 (PMID: • NIDDK, NIH, grant application R01 represent an HMT assay with different 20498723) in accordance with 42 CFR DK082675–01. experimental conditions in Figure 1E, 93.411(b). • NIGMS, NIH, grant application R01 R01 GM085303–01 and Figure 1D, R01 FOR FURTHER INFORMATION CONTACT: GM073776–06A1. GM085303–01A1, and also was used to Director, Office of Research Integrity, • NIGMS, NIH, grant application R01 represent another unrelated HMT assay 1101 Wootton Parkway, Suite 750, GM085229–01. in Figure 2 (right panel) in R01 Rockville, MD 20852, (240) 453–8200. • NIGMS, NIH, grant application R01 GM085303–01. GM085303–01. 6. The image in Figure 2 (right panel) Kathryn M. Partin, • NIGMS, NIH, grant application R01 in R01 GM085303–01 representing an Director, Office of Research Integrity. GM085303–01A1. HMT assay was used in Figure 1B, PLoS [FR Doc. 2017–14075 Filed 7–5–17; 8:45 am] ORI found by a preponderance of the One 2010 to represent an HMT assay BILLING CODE 4150–31–P evidence that the Respondent engaged with different experimental conditions. in research misconduct by intentionally, 7. The image in Figure 6B, R21 knowingly, or recklessly falsifying and/ DA025703–01, Figure 11B, R01 DEPARTMENT OF HEALTH AND or fabricating images in seven (7) GM085229–01, Figure 6B, R01 HUMAN SERVICES submitted NIH grant application and DK082675–01, and Figure 6B, R21 three (3) published papers by DK082631–01, all representing RT–PCR HHS Approval of Entities That Certify manipulating, reusing, and falsely experiments for transcribed ncRNAs, Medical Review Officers labeling images. Specifically, the was used in Figure 13, R21 DK082631– AGENCY: Substance Abuse and Mental Respondent falsified and/or fabricated 01 and Figure 13, R21 DA025703–01 to Health Services Administration, images representing controls or represent RT–PCR experiments for Department of Health and Human experimental results for in vitro transcription for different ncRNAs. interactions between RNA and proteins, 8. The image in Figure 10C (right half) Services. co-immunoprecipitation (‘‘co-IP’’) in R01 GM073776–06A1, representing ACTION: Notice. assays, histone methytransferase transcription of endodermal genes from SUMMARY: The current version of the (‘‘HMT’’) or kinase assays and related embroid bodies, was manipulated and Department of Health and Human stained SDS–PAGE gels, and reverse used in Figure 10C (left half) in the Services (HHS) Mandatory Guidelines transcription-polymerase chain same grant application to represent the for Federal Workplace Drug Testing reactions (‘‘RT–PCR’’) in the following transcription of mesodermal and Programs (Mandatory Guidelines), grant applications and publications. ectodermal genes. effective on October 1, 2010, addresses 1. The image in Figure S4, Science Science 311(5764):1118–1123, 2006 the role and qualifications of Medical 2006, representing the in vitro was retracted in: Science 344(6187):981, Review Officers (MROs) and HHS interactions between RNA and specific 2014. Science 304(5673):1010–1014, approval of entities that certify MROs. proteins, was used in similar assays to 2004 was retracted in: Science As required under Section 13.1(b) of the represent results with other sets of 344(6187):981, 2014. Nature Mandatory Guidelines, this notice protein-RNA interactions in Figure 9, 419(6909):857–862, 2002 was retracted publishes a list of HHS approved MRO R21 DA025703–01, Figure 9, R21 in Nature 521(7550):110, 2015. certification entities. DK082631–01, and Figure 9, R01 ORI issued a charge letter FOR FURTHER INFORMATION CONTACT: DK082675–01, and again in R01 enumerating the above findings of Sean J. Belouin, Pharm.D., CAPT, GM085229–01, Figure 11C. research misconduct and proposing 2. The image in Figure 1A, R01 HHS administrative actions. Dr. Sauer United States Public Health Service, GM085303–01, representing a co-IP subsequently requested a hearing before Senior Pharmacology and Regulatory assay from the Drosophila cell line S2, an Administrative Law Judge (ALJ) of Policy Advisor, Substance Abuse and was manipulated and used in Figure 1B the Departmental Appeals Board to Mental Health Services Administration, of the same grant application to dispute these findings. The parties filed 5600 Fishers Lane, Room 16N06D, represent a different co-IP assay from cross-motions for summary judgment. Rockville, Maryland 20857; Telephone: Drosophila embryonic extracts. On May 22, 2017, the ALJ recommended (240) 276–2716; Email: sean.belouin@ 3. The image in Figure 8A, R01 to the Assistant Secretary for Health that samhsa.hhs.gov. GM085303–01A1, representing an SDS– summary judgment be granted in favor SUPPLEMENTARY INFORMATION: Subpart PAGE gel for an in vitro HMT assay, was of ORI. On June 22, 2017, the ALJ’s M-Medical Review Officer (MRO), used previously in Figure 1d in a recommended decision became the final Section 13.1(b) of the Mandatory manuscript submitted to Nature in 2005 agency decision. Thus, the research Guidelines, ‘‘Who may serve as an to represent an SDS–PAGE gel from an misconduct findings set forth above MRO?’’ states as follows: ‘‘Nationally unrelated experiment for an became effective, and the following recognized entities that certify MROs or ubiquitination assay. administrative actions have been subspecialty boards for physicians 4. The image in Figure 1E, R01 implemented, beginning on June 22, performing a review of Federal GM085303–01 and Figure 1D, R01 2017: employee drug testing results that seek GM085303–01A1, representing stained (1) Dr. Sauer is prohibited from approval by the Secretary must submit SDS–PAGE for an HMT assay, was used serving in any advisory capacity to PHS their qualifications and a sample in Figure 1b, Nature 419(6909):857–862, including, but not limited to, service on examination. Based on an annual
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objective review of the qualifications Dated: June 29, 2017. Contact Person: Yuanna Cheng, MD, PhD., and content of the examination, the Lawrence A. Tabak, Scientific Review Officer, Center for Scientific Review, National Institutes of Secretary shall publish a list in the Deputy Director, National Institutes of Health. Health, 6701 Rockledge Drive, Room 4138, Federal Register of those entities and [FR Doc. 2017–14190 Filed 7–5–17; 8:45 am] MSC 7814, Bethesda, MD 20892, (301) 435– boards that have been approved.’’ BILLING CODE 4140–01–P 1195, [email protected]. HHS has completed its review of (Catalogue of Federal Domestic Assistance entities that certify MROs, in Program Nos. 93.306, Comparative Medicine; DEPARTMENT OF HEALTH AND accordance with requests submitted by 93.333, Clinical Research, 93.306, 93.333, HUMAN SERVICES such entities to HHS. 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National The HHS Secretary approves the National Institutes of Health Institutes of Health, HHS) following MRO certifying entities that offer MRO certification through Center for Scientific Review; Amended Dated: June 29, 2017. examination: Notice of Meeting Melanie J. Pantoja, Notice is hereby given of a change in Program Analyst, Office of Federal Advisory American Association of Medical Committee Policy. Review Officers (AAMRO), P.O. Box the meeting of the Center for Scientific Review Special Emphasis Panel, July 20, [FR Doc. 2017–14127 Filed 7–5–17; 8:45 am] 12873, Research Triangle Park, NC BILLING CODE 4140–01–P 27709, Phone: (800) 489–1839, Fax: 2017, 11:00 a.m. to July 20, 2017, 02:00 (919) 490–1010, Email: bbrandon@ p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 aamro.com, Web site: http:// DEPARTMENT OF HEALTH AND which was published in the Federal www.aamro.com/. HUMAN SERVICES Register on June 28, 2017, 82 FR 29298. Medical Review Officer Certification The meeting will be held on July 28, National Institutes of Health Council (MROCC), 3231 S. Halsted St, 2017 instead of July 20, 2017. The #167, Chicago, IL 60608, Phone: (847) meeting time remains the same. The Center for Scientific Review; Notice of 631–0599, Fax: (847) 483–1282, meeting is closed to the public. Closed Meetings Email: [email protected], Web site: Dated: June 29, 2017. http://www.mrocc.org/. Pursuant to section 10(d) of the Melanie J. Pantoja, Federal Advisory Committee Act, as DATES: HHS approval is effective June Program Analyst, Office of Federal Advisory amended (5 U.S.C. App.), notice is 30, 2017. Committee Policy. hereby given of the following meetings. Dated: June 30, 2017. [FR Doc. 2017–14128 Filed 7–5–17; 8:45 am] The meetings will be closed to the Thomas E. Price, BILLING CODE 4140–01–P public in accordance with the Secretary. provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2017–14154 Filed 6–30–17; 4:15 pm] DEPARTMENT OF HEALTH AND as amended. The grant applications and BILLING CODE 4162–20–P HUMAN SERVICES the discussions could disclose National Institutes of Health confidential trade secrets or commercial property such as patentable material, DEPARTMENT OF HEALTH AND and personal information concerning HUMAN SERVICES Center for Scientific Review; Notice of Closed Meeting individuals associated with the grant National Institutes of Health applications, the disclosure of which Pursuant to section 10(d) of the would constitute a clearly unwarranted Federal Advisory Committee Act, as Extension of Effective Date of NIH invasion of personal privacy. amended (5 U.S.C. App.), notice is Policy on the Use of a Single Name of Committee: Center for hereby given of the following meeting. Scientific Review Special Emphasis Institutional Review Board for Multi- The meeting will be closed to the Site Research Panel PAR17–122: NINDS Exploratory public in accordance with the Clinical Trials. provisions set forth in sections The National Institutes of Health Date: July 25, 2017. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 1:00 p.m. to 5:00 p.m. (NIH) is extending the effective date of as amended. The grant applications and the NIH Policy on the Use of a Single Agenda: To review and evaluate grant the discussions could disclose applications. Institutional Review Board for Multi- confidential trade secrets or commercial Site Research from September 25, 2017 Place: National Institutes of Health, property such as patentable material, 6701 Rockledge Drive, Bethesda, MD to January 25, 2018. A copy of the NIH and personal information concerning Policy was published in the Federal 20892, (Virtual Meeting). individuals associated with the grant Contact Person: Samuel C. Edwards, Register on June 21, 2016 (81 FR 40325). applications, the disclosure of which See https://www.gpo.gov/fdsys/pkg/FR- Ph.D., Chief, Brain Disorders and would constitute a clearly unwarranted Clinical Neuroscience, Center for 2016-06-21/pdf/2016-14513.pdf. invasion of personal privacy. Scientific Review, National Institutes of Guidance and Frequently Asked Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room Questions to assist in the Review Special Emphasis Panel Research 5210, MSC 7846, Bethesda, MD 20892, implementation of the policy are Resource for Human Organs and Tissues. (301) 435–1246, [email protected]. available at https://osp.od.nih.gov/ Date: July 26, 2017. Name of Committee: Center for clinical-research/irb-review/. Time: 1:00 p.m. to 2:30 p.m. Agenda: To review and evaluate grant Scientific Review Special Emphasis For further information contact the applications. Panel HIV/AIDS Point-of-care NIH Office of Science Policy, Place: National Institutes of Health, 6701 Applications. Telephone: 301–496–9838, Email: Rockledge Drive, Bethesda, MD 20892 Date: July 25, 2017. [email protected]. (Telephone Conference Call). Time: 12:00 p.m. to 4:00 p.m.
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Agenda: To review and evaluate grant Place: National Institutes of Health, SUPPLEMENTARY INFORMATION: Section applications. 6701 Rockledge Drive, Bethesda, MD 3506(c)(2)(A) of the Paperwork Place: National Institutes of Health, 20892, (Virtual Meeting). Reduction Act of 1995 requires: Written 6701 Rockledge Drive, Bethesda, MD Contact Person: Barna Dey, Ph.D., comments and/or suggestions from the 20892, (Telephone Conference Call). Scientific Review Officer, Center for public and affected agencies are invited Contact Person: Barna Dey, Ph.D., Scientific Review, National Institutes of to address one or more of the following Scientific Review Officer, Center for Health, 6701 Rockledge Drive, Room points: (1) Whether the proposed Scientific Review, National Institutes of 3184, Bethesda, MD 20892, 301–451– collection of information is necessary Health, 6701 Rockledge Drive, Room 2796, [email protected]. for the proper performance of the 3184, Bethesda, MD 20892, 301–451– (Catalogue of Federal Domestic Assistance function of the agency, including 2796, [email protected]. Program Nos. 93.306, Comparative Medicine; whether the information will have Name of Committee: Center for 93.333, Clinical Research, 93.306, 93.333, practical utility; (2) The accuracy of the Scientific Review Special Emphasis 93.337, 93.393–93.396, 93.837–93.844, agency’s estimate of the burden of the Panel Member Conflict: Research Grant 93.846–93.878, 93.892, 93.893, National proposed collection of information, Program. Institutes of Health, HHS) including the validity of the Date: July 26, 2017. Dated: June 29, 2017. methodology and assumptions used; (3) Time: 11:00 a.m. to 9:00 p.m. David Clary, Ways to enhance the quality, utility, and Agenda: To review and evaluate grant Program Analyst, Office of Federal Advisory clarity of the information to be applications. Committee Policy. collected; and (4) Ways to minimize the Place: National Institutes of Health, burden of the collection of information 6701 Rockledge Drive, Bethesda, MD [FR Doc. 2017–14126 Filed 7–5–17; 8:45 am] BILLING CODE 4140–01–P on those who are to respond, including 20892, (Virtual Meeting). the use of appropriate automated, Contact Person: Kenneth A. Roebuck, electronic, mechanical, or other Ph.D., Scientific Review Officer, Center DEPARTMENT OF HEALTH AND technological collection techniques or for Scientific Review, National Institutes HUMAN SERVICES other forms of information technology. of Health, 6701 Rockledge Drive, Room Proposed Collection Title: Identifying 5106, MSC 7852, Bethesda, MD 20892, National Institutes of Health Experts in Prevention Science Methods (301) 435–1166, [email protected]. to Include on NIH Review Panels,— Name of Committee: Center for Proposed Collection; 60-Day Comment REVISION, Office of Disease Prevention Scientific Review Special Emphasis Request; Identifying Experts in (ODP), National Institutes of Health Panel Member conflict: Exploratory/ Prevention Science Methods To (NIH). Developmental Research. Include on NIH Review Panels, Office Need and Use of Information Date: July 26, 2017. of Disease Prevention (NIH ODP) Collection: The Office of Disease Time: 11:00 a.m. to 2:00 p.m. Prevention (ODP) is the lead Office at Agenda: To review and evaluate grant AGENCY: National Institutes of Health, the National Institutes of Health (NIH) applications. Department of Health and Human responsible for assessing, facilitating, Place: National Institutes of Health, Services. and stimulating research in disease 6701 Rockledge Drive, Bethesda, MD ACTION: Notice. prevention and health promotion, and 20892, (Telephone Conference Call). Contact Person: Mark P. Rubert, SUMMARY: In compliance with the disseminating the results of this Ph.D., Scientific Review Officer, Center requirement of Section 3506(c)(2)(A) of research to improve public health. for Scientific Review, National Institutes the Paperwork Reduction Act of 1995, to Prevention is preferable to treatment, of Health, 6701 Rockledge Drive, Room provide opportunity for public comment and research on disease prevention is an important part of the NIH’s mission. The 5218, MSC 7852, Bethesda, MD 20892, on proposed data collection projects, the knowledge gained from this research 301–435–1775, [email protected]. National Institutes of Health (NIH), Name of Committee: Center for Office of Disease Prevention (ODP) will leads to stronger clinical practice, health Scientific Review Special Emphasis publish periodic summaries of proposed policy, and community health Panel Member conflict: AIDS and AIDS projects to be submitted to the Office of programs. ODP collaborates with the Related Research. Management and Budget (OMB) for NIH, other Department of Health and Date: July 27–28, 2017. review and approval. Human Services (DHHS) agencies, and other public and private partners to Time: 10:30 a.m. to 5:00 p.m. DATES: Comments regarding this achieve the Office’s mission and goals. Agenda: To review and evaluate grant information collection are best assured One of our priorities is to promote the applications. of having their full effect if received Place: National Institutes of Health, use of the best available methods in within 60 days of the date of this prevention research and support the 6701 Rockledge Drive, Bethesda, MD publication. 20892, (Virtual Meeting). development of better methods. One of Contact Person: Jingsheng Tuo, Ph.D., FOR FURTHER INFORMATION CONTACT: To our strategies is to help the Center for Scientific Review Officer, Center for obtain a copy of the data collection Scientific Review (CSR) identify experts Scientific Review, National Institutes of plans and instruments, submit in prevention science methods to Health, 6701 Rockledge Drive, Room comments in writing, or request more include on their review panels. This 5207, Bethesda, MD 20892, 301–451– information on the proposed project, will strengthen the panels and improve 8754, [email protected]. contact: Dr. Ranell Myles, Public Health the quality of the prevention research Name of Committee: Center for Analyst, NIH Office of Disease supported by the NIH. To identify Scientific Review Special Emphasis Prevention, 6100 Executive Blvd., Room experts in prevention science methods, Panel Member Conflict: AIDS and 2B03, Bethesda, MD 20892 or call (301) we worked with our contractor, IQ Related Research. 827–5579 or email your request, Solutions, Inc., to develop online Date: August 2, 2017. including your address to prevention@ software which will allow us to collect Time: 9:00 a.m. to 6:00 p.m. mail.nih.gov. Formal requests for scientists’ names, contact information, Agenda: To review and evaluate grant additional plans and instruments must and resumes, as well as to have those applications. be requested in writing. scientists identify their level of
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expertise in a variety of prevention DHHS agencies, to use in the same way. methods, content topics, as well as the science methods and content areas. The Given our plans to create an automated geographic region of research of the a collected with this software was used system for reviewer information investigator/respondent and the income to create a web-based tool that CSR staff collection, we are now seeking OMB category of the region/country in which can use to identify scientists with approval for a revision to our data the investigator’s/respondent’s research expertise in specific prevention science collection plan. is performed. methods and content areas for invitation This OMB revision request is for the OMB approval is requested for 3 to serve on one of the CSR review collection of additional data not years. There are no costs to respondents panels. This system will also be shared collected in the previously deployed other than their time. The total with review staff in the other Institutes online software and survey including estimated annualized burden hours are and Centers at the NIH, as well as other additional study design topics, research 1,300.
ESTIMATED ANNUALIZED BURDEN HOURS
Number of Average time Type of Number of responses per per response Total annual respondents respondents respondent (in hours) burden hour
Investigators ...... 3,120 1 25/60 1,300
Total ...... 3,120 ...... 1,300
Dated: June 29, 2017. is necessary to evaluate how the Opioid about the state’s substance abuse Lawrence A. Tabak, STR state/territory grantees plan and treatment systems prior to STR funding, Principal Deputy Director, National Institutes implement prevention, treatment and the types of activities states plan to of Health. recovery services. Additionally, a subset implement with STR funding, [FR Doc. 2017–14087 Filed 7–5–17; 8:45 am] of communities/programs will be challenges and successes when BILLING CODE 4140–01–P selected to participate in supplemental implementing these activities, and plans evaluation activities designed to provide for sustaining the activities. detailed information related to the Community/Program Survey: The DEPARTMENT OF HEALTH AND implementation of services at the Community/Program Survey will be HUMAN SERVICES program/community level, as well as administered to Community/Program the impacts of the program on client Directors or Program Managers to collect Substance Abuse and Mental Health outcomes. information about the community/ Services Administration SAMHSA has developed a set of program’s readiness to implement interview protocols and survey activities that address opioid misuse, Agency Information Collection measures that will collect information their actual implementation of activities Activities: Submission for OMB from all state/territory grantees (57), and to address opioid misuse, and initial Review; Comment Request subset (up to 20) of programs/ outcomes of their implemented Periodically, the Substance Abuse and communities that provide services and activities. Community/Program Survey Mental Health Services Administration activities funded by the grant. In will be administered three (3) times. (SAMHSA) will publish a summary of addition, SAMHSA’s Performance Community/Program Director/ information collection requests under Accountability and Reporting System Manager Interview Protocol: The OMB review, in compliance with the (SPARS) will be used to collect Community/Program Director/Manager Paperwork Reduction Act (44 U.S.C. individual-level data using CSAT’s Interview Protocol will be used to Chapter 35). To request a copy of these Government Performance and Results collect information from Community/ documents, call the SAMHSA Reports Act (GPRA) for Discretionary Grant Program Directors or Program Managers Clearance Officer on (240) 276–1243. Programs Client Outcome Measure during in-person site visits to each (OMB No. 0930–0208) from individuals participating community/program. Project: State Targeted Response to the receiving services from participating Interviews will collect in-depth Opioid Crisis (Opioid STR) communities/programs. information about the community’s/ Evaluation—NEW Specific data collected as part of the program’s implementation of activities The Substance Abuse and Mental Opioid STR evaluation include the to address opioid misuse using Opioid Health Services Administration following: STR funding, and factors facilitating and (SAMHSA) recently awarded 57 grants State Survey: The State Survey will be impeding the implementation of STR- to states and territories to help address administered to State Project Directors/ funded activities. Community/Program the national opioid crisis by increasing Program Managers to collect Director/Manager Interviews will be access to treatment, reducing unmet information about the state/territory’s conducted two (2) times. treatment needs, and reducing opioid current, planned, and implemented Community/Program Data Manager overdose related deaths through the activities to address opioid misuse using Interview Protocol: The Community/ provision of prevention, treatment, and Opioid STR funding. State Surveys will Program Data Manager Interview recovery activities for opioid use be administered three (3) times. Protocol will be used to collect disorder (OUD). State Interview: The State Interview information from Data Managers during SAMHSA’s Center for Behavioral Protocol will be used to collect in-person site visits to each Health Statistics and Quality (CBHSQ), information from the State Project participating community/program. will be conducting a cross-site Director/Program Manager during phone Interviews will collect in-depth evaluation of the Opioid STR grant interviews at two (2) time points. information about how the program program. The proposed data collection Interviews will collect information used community/program-level data to
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inform the development and information from up to four (4) clinical CSAT GPRA Client Outcome Measure: implementation of STR activities and staff members at each participating The CSAT GPRA Client Outcome how data is being used to monitor the community/program site. Interviews Measure will be used with each client activities. Community/Program Data will collect information on the factors served in the Communities/Programs to Manager Interviews will be conducted that have facilitated and impeded past collect data about client’s progress as a two (2) times. activities to address opioid misuse, and result of receiving services. This data Community/Program Clinical Staff clinicians’ experiences implementing will be collected at three (3) time Interview Protocol: The Community/ STR-funded activities. Community/ intervals: intake to services, 6 month Program Clinical Staff Interview Program Clinical Staff Interviews will be follow-up, and at discharge. Protocol will be used to collect conducted two (2) times.
ESTIMATES OF ANNUALIZED HOUR BURDEN FOR THE OPIOID STR MEASURES
Responses SAMHSA program instruments Number of per Total Hours per Total annual respondents respondent responses response burden hours
State-Level Evaluation (All STR-funded state/territories)
State Survey—Baseline ...... 57 1 57 4 228 State Survey—Time 2 ...... 57 1 57 4 228 State Survey—Time 3 ...... 57 1 57 4 228 State Interview—Time 1 ...... 57 1 57 1.5 85.5 State Interview—Time 2 ...... 57 1 57 1.5 85.5
Community/Program-Level Evaluation (Up to 20 funded programs/communities)
Community/Program Director Interview—Baseline ...... 20 1 20 1.5 30 Community/Program Clinical Staff Interview—Baseline ...... 80 1 80 1.5 120 Community/Program Data Manager Interview—Baseline ... 20 1 20 1.5 30 Community/Program Director Interview—Time 2 ...... 20 1 20 1.5 30 Community/Program Clinical Staff Interview—Time 2 ...... 80 1 80 1.5 120 Community/Program Data Manager Interview—Time 2 ...... 20 1 20 1.5 30 Community/Program Director Survey—Baseline ...... 20 1 20 3 60 Community/Program Director Survey—Time 2 ...... 20 1 20 3 60 Community/Program Director Survey—Time 3 ...... 20 1 20 3 60
Individual clients
Baseline/Intake Interview ...... 1,000 1 1,000 .52 520 Follow-up Interview 1 ...... 800 1 800 .52 416 Discharge Interview 2 ...... 520 1 520 .52 270.4
Total ...... 2,905 ...... 2,905 ...... 2,601 Notes: 1. It is estimated that 80% of baseline clients will complete this interview. 2. It is estimated that 52% of baseline clients will complete this interview.
Written comments and Affairs, New Executive Office Building, Paperwork Reduction Act (44 U.S.C. recommendations concerning the Room 10102, Washington, DC 20503. Chapter 35). To request a copy of these documents, call the SAMHSA Reports proposed information collection should Summer King, be sent by August 7, 2017 to the Clearance Officer on (240) 276–1243. Statistician. SAMHSA Desk Officer at the Office of [FR Doc. 2017–14083 Filed 7–5–17; 8:45 am] Project: State Targeted Response to the Information and Regulatory Affairs, BILLING CODE 4162–20–P Opioid Crisis Grant Program Reports— Office of Management and Budget NEW (OMB). To ensure timely receipt of The Substance Abuse and Mental comments, and to avoid potential delays DEPARTMENT OF HEALTH AND Health Services Administration in OMB’s receipt and processing of mail HUMAN SERVICES sent through the U.S. Postal Service, (SAMHSA) is authorized under Section commenters are encouraged to submit Substance Abuse and Mental Health 1003 of the 21st Century Cures Act, as their comments to OMB via email to: Services Administration amended, to support a grant program, for up to 2 years, that addresses the [email protected]. supplemental activities pertaining to Although commenters are encouraged to Agency Information Collection opioids currently undertaken by the send their comments via email, Activities: Submission for OMB Review; Comment Request state agency or territory and will commenters may also fax their support a comprehensive response to comments to: 202–395–7285. Periodically, the Substance Abuse and the opioid epidemic. The State Targeted Commenters may also mail them to: Mental Health Services Administration Response to the Opioid Crisis Grant Office of Management and Budget, (SAMHSA) will publish a summary of (Opioid STR) program addresses Office of Information and Regulatory information collection requests under Healthy People 2020, Substance Abuse OMB review, in compliance with the Topic Area HP 2020–SA. The primary
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purpose of Opioid STR is to address the asked to report on their implementation as well as physicians, nurses, opioid crisis by increasing access to and performance through an online data counselors, social workers, case treatment, reducing unmet treatment collection system. Award recipients will managers, etc. This information will be need, and reducing opioid overdose report performance on the following collected at the mid-point and related deaths through the provision of measures specific to this program: conclusion of each grant award year. prevention, treatment and recovery Number of people who receive OUD Additionally, each award recipient activities for opioid use disorder (OUD) treatment, number of people who will describe the purposes for which the (including prescription opioids as well receive OUD recovery services, number as illicit drugs such as heroin). of providers implementing medication- grant funds received were expended and There are 57 (states and jurisdictions) assisted treatment, and the number of the activities under the program, and award recipients in this program. All OUD prevention and treatment the ultimate recipients of amounts funded states and jurisdictions will be providers trained, to include NPs, PAs, provided to the grantee in the grants.
ANNUALIZED ESTIMATED BURDEN HOURS FOR THE PROGRESS REPORT
Average Number of Number of Total burden per Total burden Respondent espondents responses per responses response hours respondent (in hours)
State and Jurisdictions ...... 57 2 114 8.0 912
Link for the tables: ACTION: Notice of new task assignment Instructions: Submit comments on the https://www.samhsa.gov/sites/ for the National Boating Safety Advisory task statement at any time, including default/files/grants/pdf/ti-17-014- Council (NBSAC); notice of orally at the teleconference, but if you tables.pdf teleconference meeting. want Council members to review your Written comments and comments before the teleconference, recommendations concerning the SUMMARY: The U.S. Coast Guard is please submit your comments no later proposed information collection should issuing a new task to the National than July 14, 2017. You must include be sent by August 7, 2017 to the Boating Safety Advisory Council the words ‘‘Department of Homeland SAMHSA Desk Officer at the Office of (NBSAC). The U.S. Coast Guard is Security’’ and the docket number for Information and Regulatory Affairs, asking NBSAC to help the agency this action. Written comments may also Office of Management and Budget identify existing regulations, guidance, be submitted using the Federal e- (OMB). To ensure timely receipt of and collections of information (that fall Rulemaking Portal at http:// comments, and to avoid potential delays within the scope of the Council’s www.regulations.gov. If you encounter in OMB’s receipt and processing of mail charter) for possible repeal, technical difficulties with comment sent through the U.S. Postal Service, replacement, or modification. This submission, contact the individual commenters are encouraged to submit tasking is in response to the issuance of listed in the FOR FURTHER INFORMATION their comments to OMB via email to: Executive Orders 13771, ‘‘Reducing CONTACT section of this notice. [email protected]. Regulation and Controlling Regulatory Comments received will be posted Although commenters are encouraged to Costs; 13777, ‘‘Enforcing the Regulatory without alteration at http:// send their comments via email, Reform Agenda;’’ and 13783, www.regulations.gov, including any commenters may also fax their ‘‘Promoting Energy Independence and personal information provided. You comments to: 202–395–7285. Economic Growth.’’ The full Council is may review Regulations.gov’s Privacy Commenters may also mail them to: scheduled to meet by teleconference on and Security Notice at https:// Office of Management and Budget, July 21, 2017, to discuss this tasking. www.regulations.gov/privacyNotice. Office of Information and Regulatory This teleconference will be open to the Docket Search: For access to the Affairs, New Executive Office Building, public. The U.S. Coast Guard will docket or to read documents or Room 10102, Washington, DC 20503. consider NBSAC recommendations as comments related to this notice, go to part of the process of identifying http://www.regulations.gov, insert Summer King, regulations, guidance, and collections of Statistician. ‘‘USCG–2017–0618’’ in the Search box, information to be repealed, replaced, or press Enter, and then click on the item [FR Doc. 2017–14104 Filed 7–5–17; 8:45 am] modified pursuant to the three you wish to view. BILLING CODE 4162–20–P Executive Orders discussed above. FOR FURTHER INFORMATION CONTACT: Mr. DATES: The full Council is scheduled to Jeff Ludwig, Alternate Designated meet by teleconference on July 21, 2017, Federal Officer of the National Boating DEPARTMENT OF HOMELAND from 11 a.m. to noon EST. Please note Safety Advisory Council, telephone SECURITY that this teleconference may adjourn (202) 372–1061, or email at early if the Council has completed its [email protected]. U.S. Coast Guard business. SUPPLEMENTARY INFORMATION: [Docket No. USCG–2017–0618] ADDRESSES: To join the teleconference New Task to the Council National Boating Safety Advisory or to request special accommodations, FOR Council—Input To Support Regulatory contact the individual listed in the The U.S. Coast Guard is issuing a new Reform of Coast Guard Regulations— FURTHER INFORMATION CONTACT section task to NBSAC to provide New Task no later than 1 p.m. on July 14, 2017. recommendations on whether existing The number of teleconference lines is regulations, guidance, and information AGENCY: U.S. Coast Guard, Department limited and will be available on a first- collections (that fall within the scope of of Homeland Security. come, first-served basis. the Council’s charter) should be
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repealed, replaced, or modified. NBSAC Provide input to the U.S. Coast Guard c. Identify regulations, guidance, and will then provide advice and on all existing regulations, guidance, information collections that the Council recommendations on the assigned task and information collections that fall believes have led to the elimination of and submit a final recommendation within the scope of the Council’s jobs or inhibits job creation within a report to the U.S. Coast Guard. charter. particular industry. 1. One or more subcommittees/ 3. All regulations, guidance, and Background working groups, as needed, will be information collections, or parts thereof, On January 30, 2017, President Trump established to work on this tasking in recommended by the Council should be issued Executive Order 13771, accordance with the Council charter described in sufficient detail (by section, ‘‘Reducing Regulation and Controlling and bylaws. The subcommittee(s) shall paragraph, sentence, clause, etc.) so Regulatory Costs.’’ Under that Executive terminate upon the approval and that it can readily be identified. Data Order, for every one new regulation submission of a final recommendation (quantitative or qualitative) should be issued, at least two prior regulations to the U.S. Coast Guard from the parent provided to support and illustrate the must be identified for elimination, and Council. impact, cost, or burden, as applicable, the cost of planned regulations must be 2. Review regulations, guidance, and for each recommendation. If the data is prudently managed and controlled information collections and provide not readily available, the Council through a budgeting process. On recommendations whether an existing should include information as to how February 24, 2017, the President issued rule, information collection, or guidance such information can be obtained either Executive Order 13777, ‘‘Enforcing the should be repealed, replaced or by the Council or directly by Coast Regulatory Reform Agenda.’’ That modified. If the Council recommends Guard. modification, please provide specific Executive Order directs agencies to take Public Participation specific steps to identify and alleviate recommendations for how the unnecessary regulatory burdens placed regulation, information collection, or All meetings associated with this on the American people. On March 28, guidance should be modified. tasking, both full Council meetings and 2017, the President issued Executive Recommendations should include an subcommittee/working groups, are open Order 13783, ‘‘Promoting Energy explanation on how and to what extent to the public. A public oral comment Independence and Economic Growth.’’ repeal, replacement or modification will period will be held during the July 21, Executive Order 13783 promotes the reduce costs or burdens to industry and 2017, teleconference. Public comments clean and safe development of our the extent to which risks to health or or questions will be taken at the Nation’s vast energy resources, while at safety would likely increase. discretion of the Designated Federal the same time avoiding agency actions a. Identify regulations, guidance, or Officer; commenters are requested to that unnecessarily encumber energy information collections that potentially limit their comments to 3 minutes. production. impose the following types of burden on Please contact the individual listed in the industry: FOR FURTHER INFORMATION CONTACT When implementing the regulatory the i. Regulations, guidance, or section, to register as a commenter. offsets required by Executive Order information collections imposing 13771, each agency head is directed to Subcommittee meetings held in administrative burdens on the industry. association with this tasking will be prioritize, to the extent permitted by ii. Regulations, guidance, or law, those regulations that the agency’s announced as they are scheduled information collections imposing through notices posted to http:// Regulatory Reform Task Force identifies burdens in the development or use of as outdated, unnecessary, or ineffective homeport.uscg.mil/NBSAC and domestically produced energy uploaded as supporting documents in in accordance with Executive Order resources. ‘‘Burden,’’ for the purposes of 13777. As part of this process to comply the electronic docket for this action, compliance with Executive Order 13783, [USCG–2017–0618], at Regulations.gov. with all three Executive Orders, the U.S. means ‘‘to unnecessarily obstruct, delay, Coast Guard is reaching out through curtail, or otherwise impose significant J.F. Williams, multiple avenues to interested costs on the siting, permitting, Captain, U.S. Coast Guard, Director of individuals to gather their input about production, utilization, transmission, or Inspections and Compliance. what regulations, guidance, and delivery of energy resources.’’ [FR Doc. 2017–14255 Filed 7–5–17; 8:45 am] information collections, they believe b. Identify regulations, guidance, or BILLING CODE 9110–04–P may need to be repealed, replaced, or information collections that potentially modified. On June 8, 2017, the U.S. impose the following types of costs on Coast Guard issued a general notice in the industry: DEPARTMENT OF HOMELAND the Federal Register requesting i. Regulations, guidance, or SECURITY comments from interested individuals information collections imposing costs regarding their recommendations, 82 FR that are outdated (such as due to Transportation Security Administration 26632. In addition to this general technological advancement), or are no Intent To Request Extension From solicitation, the U.S. Coast Guard also longer necessary. wants to leverage the expertise of its ii. Regulations, guidance, or OMB of One Current Public Collection Federal Advisory Committees and is information collections imposing costs of Information: Critical Facility issuing similar tasks to each of its which are no longer enforced as written Information of the Top 100 Most Committees. A detailed discussion of or which are ineffective. Critical Pipelines each of the Executive orders and iii. Regulations, guidance, or AGENCY: Transportation Security information on where U.S. Coast Guard information collections imposing costs Administration, DHS. regulations, guidance, and information tied to reporting or recordkeeping ACTION: 60-Day notice. collections are found is in the June 8th requirements that impose burdens that notice. exceed benefits. Explain why the SUMMARY: The Transportation Security reporting or recordkeeping requirement Administration (TSA) invites public The Task is overly burdensome, unnecessary, or comment on one currently approved NBSAC is tasked to: how it could be modified. Information Collection Request (ICR),
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Office of Management and Budget inspection of the critical facilities of the TSA will conduct a maximum of 80 (OMB) control number 1652–0050, 100 most critical pipeline systems.1 facility reviews each year, with each abstracted below that we will submit to Pipeline operators have determined review taking approximately 4 hours (80 OMB for an extension in compliance which facilities qualify as critical × 4). This is a change from the 90 facility with the Paperwork Reduction Act facilities based on guidance and criteria reviews that was previously conducted. (PRA). The ICR describes the nature of set forth in the TSA Pipeline Security The annual burden for the approval of the information collection and its Guidelines published in April 2011. To the information collection related to the expected burden. In accordance with execute the 9/11 Act mandate, TSA follow up on the recommendations the Implementing Recommendations of visits critical pipeline facilities and made to facility operators is estimated to the 9/11 Commission Act of 2007 (9/11 collects site-specific information from be 400 hours. TSA estimates each Act), which required TSA to develop pipeline operators on facility security operator will spend approximately 5 and implement a plan to inspect critical policies, procedures, and physical hours to submit a response to TSA pipeline systems, TSA is seeking to security measures. regarding its voluntary implementation continue its collection of critical facility TSA is seeking OMB approval to of security recommendations made security information. continue to collect facility security during critical facility visits. If a DATES: Send your comments by information during the site visits using maximum of 80 critical facilities are September 5, 2017. a Critical Facility Security Review reviewed each year, and TSA follows up (CFSR) form. The CFSR will look at ADDRESSES: Comments may be emailed with each facility operator between individual pipeline facility security approximately 12 and 24 months to [email protected] or delivered to the measures and procedures.2 This TSA PRA Officer, Office of Information following the visit, the total annual collection is voluntary. Information burden is 400 (80 × 5) hours. Technology (OIT), TSA–11, collected from the reviews will be Transportation Security Administration, The estimated number of respondents analyzed and used to determine will be 80 for the CFSR form and 80 for 601 South 12th Street, Arlington, VA strengths and weaknesses at the nation’s 20598–6011. the recommendations follow-up, for a critical pipeline facilities, areas to target total of 160 respondents. The total FOR FURTHER INFORMATION CONTACT: for risk reduction strategies, pipeline estimated burden is 720 hours annually, Christina A.Walsh at the above address, industry implementation of the 320 hours for the CFSR form, plus 400 or by telephone (571) 227–2062. voluntary guidelines, and the potential hours for the recommendations follow- SUPPLEMENTARY INFORMATION: need for regulations in accordance with up procedure. the 9/11 Act provision previously cited. Comments Invited Consistent with the requirements of TSA is also seeking OMB approval to Executive Order (EO) 13771, Reducing In accordance with the Paperwork continue its follow up procedure with Regulation and Controlling Regulatory Reduction Act of 1995 (44 U.S.C. 3501 pipeline operators on their Costs, and EO 13777, Enforcing the et seq.), an agency may not conduct or implementation of security Regulatory Reform Agenda, TSA is also sponsor, and a person is not required to improvements and recommendations requesting comments on the extent to respond to, a collection of information made during facility visits. During which this request for information could unless it displays a valid OMB control critical facility visits, TSA documents be streamlined to reduce this burden. number. The ICR documentation will be and provides recommendations to available at http://www.reginfo.gov improve the security posture of the Dated: June 30, 2017. upon its submission to OMB. Therefore, facility. TSA intends to continue to Christina A. Walsh, in preparation for OMB review and follow up with pipeline operators via TSA Paperwork Reduction Act Officer, Office approval of the following information email on their status toward of Information Technology. collection, TSA is soliciting comments implementation of the [FR Doc. 2017–14159 Filed 7–5–17; 8:45 am] to— recommendations made during the BILLING CODE 9110–05–P (1) Evaluate whether the proposed critical facility visits. The follow up will information requirement is necessary for be conducted between approximately 12 the proper performance of the functions and 24 months after the facility visit. DEPARTMENT OF HOUSING AND of the agency, including whether the The information provided by URBAN DEVELOPMENT information will have practical utility; operators for each information (2) Evaluate the accuracy of the collection is Sensitive Security [Docket No. FR–5997–N–38] agency’s estimate of the burden; Information (SSI), and it will be (3) Enhance the quality, utility, and protected in accordance with 30-Day Notice of Proposed Information clarity of the information to be procedures meeting the transmission, Collection: Exigent Health and Safety collected; and handling, and storage requirements of Deficiency Correction Certification (4) Minimize the burden of the SSI set forth in 49 CFR parts 15 and collection of information on those who 1520. AGENCY: Office of the Chief Information are to respond, including using The annual burden for the approval of Officer, HUD. appropriate automated, electronic, the information collection related to the ACTION: Notice. mechanical, or other technological CFSR form is estimated to be 320 hours. collection techniques or other forms of SUMMARY: HUD submitted the proposed information technology. 1 See sec. 1557 of the 9/11 Act (Pub. L. 110–53, information collection requirement 121 Stat. 266, 475, Aug. 3, 2007), codified at 6 described below to the Office of Information Collection Requirement U.S.C. 1207. Management and Budget (OMB) for 2 The CFSR differs from a Corporate Security OMB Control Number 1652–0050; Review (CSR) conducted by TSA in another review, in accordance with the Critical Facility Information of the Top pipeline information collection that looks at Paperwork Reduction Act. The purpose 100 Most Critical Pipelines: The 9/11 corporate or company-wide security management of this notice is to allow for 30 days of plans and practices. See OMB Control No. 1652– public comment. Act specifically tasked TSA to develop 0056 at https://www.reginfo.gov for the PRA and implement a plan for reviewing the approval of information collection for pipeline DATES: Comments Due Date: August 7, pipeline security plans and an CSRs. 2017.
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ADDRESSES: Interested persons are all EHS deficiencies within 24 hours. DEPARTMENT OF HOUSING AND invited to submit comments regarding Using the electronic format, PHAs are to URBAN DEVELOPMENT this proposal. Comments should refer to notify HUD within three business days [Docket No. FR–5997–N–37] the proposal by name and/or OMB of the date of inspection, which is the Control Number and should be sent to: date the PHA was provided notice of 30-Day Notice of Proposed Information HUD Desk Officer, Office of these deficiencies, that the deficiencies Collection: Home Equity Conversion Management and Budget, New were corrected/remedied/acted on to Mortgage (HECM) Insurance Executive Office Building, Washington, abate within the prescribed time frames Application for the Origination of DC 20503; fax:202–395–5806, Email: (24 CFR part 902). Reverse Mortgages and Related OIRA [email protected] Respondents: (i.e., affected public) Documents FOR FURTHER INFORMATION CONTACT: Public Housing Agencies. Colette Pollard, Reports Management AGENCY: Office of the Chief Information Officer, QMAC, Department of Housing Estimated Number of Respondents: Officer, HUD. and Urban Development, 451 7th Street 3000. ACTION: Notice. SW., Washington, DC 20410; email Estimated Number of Responses: 971. SUMMARY: HUD is seeking approval from [email protected], or telephone Frequency of Response: Once per the Office of Management and Budget 202–402–3400. This is not a toll-free year. (OMB) for the information collection number. Person with hearing or speech described below. In accordance with the impairments may access this number Average Hours per Response: .28 Paperwork Reduction Act, HUD is through TTY by calling the toll-free hours (approximately 17 minutes). requesting comment from all interested Federal Relay Service at (800) 877–8339. Total Estimated Burdens: 272.99. parties on the proposed collection of Copies of available documents information. The purpose of this notice submitted to OMB may be obtained B. Solicitation of Public Comment is to allow for 30 days of public from Ms. Pollard. This notice is soliciting comments comment. SUPPLEMENTARY INFORMATION: This from members of the public and affected DATES: Comments Due Date: August 7, notice informs the public that HUD is parties concerning the collection of seeking approval from OMB for the 2017. information described in Section A on information collection described in ADDRESSES: Interested persons are the following: Section A. invited to submit comments regarding The Federal Register notice that (1) Whether the proposed collection this proposal. Comments should refer to solicited public comment on the of information is necessary for the the proposal by name and/or OMB information collection for a period of 60 proper performance of the functions of Control Number and should be sent to: days was published on December 20, the agency, including whether the HUD Desk Officer, Office of 2016 at 81 FR 92843. information will have practical utility; Management and Budget, New Executive Office Building, Washington, (2) The accuracy of the agency’s A. Overview of Information Collection DC 20503; fax:202–395–5806, Email: estimate of the burden of the proposed Title of Information Collection: OIRA [email protected]. collection of information; Exigent Health and Safety Deficiency FOR FURTHER INFORMATION CONTACT: Correction Certification. (3) Ways to enhance the quality, Colette Pollard, Reports Management OMB Approval Number: 2577–0241. utility, and clarity of the information to Officer, QMAC, Department of Housing Type of Request: Revision of currently be collected; and and Urban Development, 451 7th Street approved collection. (4) Ways to minimize the burden of SW., Washington, DC 20410; email Form Number: None. the collection of information on those Colette [email protected], or telephone Description of the need for the who are to respond: including through 202–402–3400. This is not a toll-free information and proposed use: HUD’s the use of appropriate automated number. Person with hearing or speech Uniform Physical Condition Standards collection techniques or other forms of impairments may access this number (UPCS) regulation (24 CFR part 5, information technology, e.g., permitting through TTY by calling the toll-free subpart G) provides that HUD housing electronic submission of responses. Federal Relay Service at (800) 877–8339. must be decent, safe, sanitary, and in Copies of available documents good repair. The UPCS regulation also HUD encourages interested parties to submitted to OMB may be obtained provides that all area and components submit comment in response to these from Ms. Pollard. of the housing must be free of health questions. SUPPLEMENTARY INFORMATION: This and safety hazards. HUD conducts Authority: Section 3507 of the Paperwork notice informs the public that HUD is physical inspections of the HUD-funded Reduction Act of 1995, 44 U.S.C. Chapter 35. seeking approval from OMB for the housing to determine if the UPCS Dated: June 29, 2017. information collection described in standards are being met. Pursuant to the Section A. The Federal Register notice UPCS inspection protocol, at the end of Colette Pollard, that solicited public comment on the the inspection (or at the end of each day Department Reports Management Officer, information collection for a period of 60 of a multi-day inspection) the inspector Office of the Chief Information Officer. days was published on November 22, provides the property representative [FR Doc. 2017–14179 Filed 7–5–17; 8:45 am] 2016 at 81 FR 83862. with a copy of the ‘‘Notification of BILLING CODE 4210–67–P Exigent and Fire Safety Hazards A. Overview of Information Collection Observed’’ form. Each exigent health Title of Information Collection: Home and safety (EHS) deficiency that the Equity Conversion Mortgage (HECM) inspector observed that day is listed on Insurance Application for the the form. The property representative Origination of Reverse Mortgages and signs the form acknowledging receipt. Related Documents. PHAs are to correct/remedy/act to abate OMB Approval Number: 2502–0524.
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Type of Request: Reinstatement, with (3) Ways to enhance the quality, calling the toll-free Federal Relay change, of previously approved utility, and clarity of the information to Service at (800) 877–8339. Copies of collection. be collected; and available documents submitted to OMB Form Number: HUD–92901, HUD– (4) Ways to minimize the burden of may be obtained from Ms. Guido. 92902, HUD–92051, HUD–92561, HUD– the collection of information on those SUPPLEMENTARY INFORMATION: This 92800.5B, HUD–92900–A, HUD–1, who are to respond: including through notice informs the public that HUD is HUD–1a, Fannie Mae (FNMA)–1009, the use of appropriate automated seeking approval from OMB for the FNMA–1025, FNMA–1003, FNMA– collection techniques or other forms of information collection described in 1004, FNMA–1004c, FNMA–1073. information technology, e.g., permitting Section A. Description of the need for the electronic submission of responses. The Federal Register notice that information and proposed use: The HUD encourages interested parties to solicited public comment on the Home Equity Conversion Mortgage submit comment in response to these information collection for a period of 60 (HECM) program is the Federal Housing questions. days was published on February 7, 2017 Administration’s (FHA) reverse Authority: Section 3507 of the Paperwork at 82 FR 9591. mortgage program that enables seniors Reduction Act of 1995, 44 U.S.C. Chapter 35. A. Overview of Information Collection who have equity in their homes to Dated: June 29, 2017. Title of Information Collection: withdraw a portion of the accumulated Colette Pollard, Understanding Rapid Re-Housing equity. The intent of the HECM Program Department Reports Management Officer, Study. is to ease the financial burden on Office of the Chief Information Officer. OMB Approval Number: 2528—New. elderly homeowners facing increased [FR Doc. 2017–14184 Filed 7–5–17; 8:45 am] Type of Request: New. health, housing, and subsistence costs at BILLING CODE 4210–67–P Form Number: No Forms. a time of reduced income. The currently Description of the need for the approved information collection is information and proposed use: Rapid necessary to screen mortgage insurance DEPARTMENT OF HOUSING AND Re-Housing (RRH) is an increasingly applications to protect the FHA URBAN DEVELOPMENT popular approach for using the insurance fund and the interests of homeless assistance system to reduce consumers and potential borrowers. [Docket No. FR–5997–N–35] and end homelessness in communities Specific forms and related documents across the United States. Several studies 30-Day Notice of Proposed Information are needed to determine the eligibility have examined RRH program outcomes. Collection: Understanding Rapid Re- of the borrower and proposed mortgage HUD’s Rapid Re-Housing for Homeless Housing Study transaction for FHA’s insurance Families Demonstration Program report endorsement. Form HUD–92902, AGENCY: Office of the Chief Information and the U.S. Department of Veterans Certificate of HECM Counseling has Officer, HUD. Affairs’ research brief Impact and been revised to: (1) Include a property ACTION: Notice. Performance of the Supportive Services address line for purchase transactions, for Veteran Families (SSVF) Program: (2) remove the reference to ‘HECM SUMMARY: HUD is seeking approval from Results from the FY 2013 Program Year Saver’ as current feature of the program, the Office of Management and Budget measured RRH outcomes, and RRH was and (3) include a certification warning (OMB) for the information collection one of the active interventions tested in concerning the actions that may be described below. In accordance with the the Family Options Study (FOS). taken against anyone who knowingly Paperwork Reduction Act, HUD is Several local studies have also assessed submits a false, fictitious, or fraudulent requesting comment from all interested RRH. Collectively, the research claim and the penalties of those actions. parties on the proposed collection of conducted to date has produced varied Respondents (i.e. affected public): information. The purpose of this notice evidence of the outcomes for Business or other for profit. is to allow for 30 days of public participants receiving this type of Estimated Number of Respondents: comment. assistance. 1,603. The Understanding Rapid Re-Housing DATES: Comments Due Date: August 7, Study provides an opportunity to (1) Estimated Number of Responses: 2017. 80,000. synthesize existing research on RRH ADDRESSES: Interested persons are programs, (2) extend the analysis of data Frequency of Response: On occasion. invited to submit comments regarding from the Family Options Study (2016), Average Hours per Response: 3.41 this proposal. Comments should refer to (3) provide a detailed examination of all hours. the proposal by name and/or OMB rapid re-housing programs nationwide, Total Estimated Burden: 11,366,400. Control Number and should be sent to: and (4) conduct qualitative research HUD Desk Officer, Office of B. Solicitation of Public Comment with a small sample of families and Management and Budget, New individuals who receive RRH. The first This notice is soliciting comments Executive Office Building, Washington, two objectives will utilize existing from members of the public and affected DC 20503; fax: 202–395–5806, Email: literature and data that have already parties concerning the collection of [email protected]. been collected. To examine the nation’s information described in Section A on FOR FURTHER INFORMATION CONTACT: RRH programs, we will rely on currently the following: Anna P. Guido, Reports Management existing Annual Program Reports (APRs) (1) Whether the proposed collection Officer, QMAC, Department of Housing from local Continuums of Care (CoCs) of information is necessary for the and Urban Development, 451 7th Street and administer a web-based survey to proper performance of the functions of SW., Washington, DC 20410; email RRH programs. To accomplish the the agency, including whether the Anna P. Guido at Anna_P._Guido@ fourth objective, we will conduct in- information will have practical utility; hud.gov or telephone 202–402–5535. depth interviews and ethnographic (2) The accuracy of the agency’s This is not a toll-free number. Person research with households. This notice estimate of the burden of the proposed with hearing or speech impairments announces HUD’s intent to collect collection of information; may access this number through TTY by information through the following
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methods: Study investigators (from Abt receiving RRH assistance, and six will affect approximately 28 Associates) will administer a program- households that have already households. level web-based survey, which will transitioned from RRH to permanent From the completed 28 interviews, include two separate sets of questions— housing. Finally, to understand their study investigators will invite all 16 a short set of system-level questions for experiences both during RRH and once households receiving RRH to continue CoC program staff, and an in-depth set RRH assistance ends, and investigators in the applied ethnographic component of questions for RRH program staff. The will conduct ethnographic research with of the study (and we assume that 15 will survey will be administered to all CoCs 16 households. This will include in- complete the ethnographic research and RRH programs nationwide. To person interviews, household activities). Their one-time in-depth describe the program models in place, observations, quarterly check-ins, and interviews will provide a baseline the use of progressive engagement, and the completion of housing journals. against which investigators will analyze strategies for RRH in tight rental data to be collected over the subsequent markets, the study investigators will Respondents: Information collection 15 months. Those data will include conduct in-depth telephone follow-up for the program-level web survey will participant observation, housing interviews with approximately 20 RRH involve program staff from all CoCs journals, quarterly family updates, and programs. In addition, investigators will (approximately 400) and all RRH two follow-up interviews. conduct one-time in-person in-depth programs nationwide (approximately Respondents (i.e., affected public): interviews with a sample of six 2,400 programs). Approximately 20 RRH Continuum of Care Collaborative households in shelter who have been programs will be involved in the in- Applicants, rapid re-housing program offered RRH but have not yet started to depth follow-up interviews. Information directors, and participants of rapid re- receive it, 16 households who are collection for the qualitative research housing programs.
Number of Frequency of Responses Burden hour Total Hourly cost Information collection respondents response per annum per response burden hours per response Cost
Program Data Collection
Web-based Program Survey—CoCs ...... 400 1 400 0.33 133.30 $34.07 $4,541.53 Web-based Program Survey—RRH Pro- grams ...... 2,400 1 2,400 0.50 1,200.00 22.69 27,228.00 RRH In-depth Program Interviews ...... 20 1 20 2.00 40.00 22.69 907.60
Participant Data Collection
Understanding RRH Study Participation Consent Form ...... 28 1 28 0.08 2.24 10.15 22.74 One-time RRH Program Participant Interviews 28 1 28 2.30 64.40 10.15 653.66 Understanding RRH Study Ethnography Participant Consent Form ...... 16 1 16 0.08 1.28 10.15 12.99 Ethnographic Interviews and Housing Journals 16 2 32 3.50 112.00 10.15 1,136.80 RRH Household Obser- vations ...... 16 4 64 3.00 192.00 10.15 1,948.80 Quarterly RRH House- hold Updates ...... 16 5 80 0.17 13.60 10.15 138.04
Total ...... 3,068 ...... 1,758.80 ...... 36,590.16
B. Solicitation of Public Comment (3) Ways to enhance the quality, Dated: June 21, 2017. utility, and clarity of the information to Anna P. Guido, This notice is soliciting comments be collected; and Department Reports Management Officer, from members of the public and affected (4) Ways to minimize the burden of Office of the Chief Information Officer. parties concerning the collection of the collection of information on those information described in Section A on [FR Doc. 2017–14220 Filed 7–5–17; 8:45 am] who are to respond; including through BILLING CODE 4210–67–P the following: the use of appropriate automated (1) Whether the proposed collection collection techniques or other forms of of information is necessary for the information technology, e.g., permitting proper performance of the functions of electronic submission of responses. the agency, including whether the HUD encourages interested parties to information will have practical utility; submit comment in response to these (2) The accuracy of the agency’s questions. estimate of the burden of the proposed Authority: Section 3507 of the Paperwork collection of information; Reduction Act of 1995, 44 U.S.C. Chapter 35.
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DEPARTMENT OF THE INTERIOR 3803; telephone 703–358–2023; cannot guarantee that we will be able to facsimile 703–358–2280. do so. Fish and Wildlife Service SUPPLEMENTARY INFORMATION: II. Background [Docket No. FWS–HQ–IA–2017–0033; To help us carry out our conservation FXIA16710900000–178–FF09A30000] I. Public Comment Procedures responsibilities for affected species, and A. How do I request copies of in consideration of section 10(a)(1)(A) of Endangered Species; Marine Mammal applications or comment on submitted the Endangered Species Act of 1973, as Receipt of Applications for Permit applications? amended (16 U.S.C. 1531 et seq.), and AGENCY: Fish and Wildlife Service, Send your request for copies of the Marine Mammal Protection Act of Interior. applications or comments and materials 1972, as amended (16 U.S.C. 1361 et ACTION: Notice of receipt of applications concerning any of the applications to seq.), along with Executive Order 13576, for permit. the contact listed under FOR FURTHER ‘‘Delivering an Efficient, Effective, and INFORMATION. Please include the Federal Accountable Government,’’ and the SUMMARY: We, the U.S. Fish and Register notice publication date, the President’s Memorandum for the Heads Wildlife Service, invite the public to PRT-number, and the name of the of Executive Departments and Agencies comment on the following applications applicant in your request or submission. of January 21, 2009—Transparency and to conduct certain activities with We will not consider requests or Open Government (74 FR 4685; January endangered species, marine mammals, comments sent to an email or address 26, 2009), which call on all Federal or both. With some exceptions, the not listed under ADDRESSES. If you agencies to promote openness and Endangered Species Act (ESA) and provide an email address in your transparency in Government by Marine Mammal Protection Act request for copies of applications, we disclosing information to the public, we (MMPA) prohibit activities with listed will attempt to respond to your request invite public comment on these permit species unless Federal authorization is electronically. applications before final action is taken. acquired that allows such activities. Please make your requests or Under the MMPA, you may request a DATES: We must receive comments or comments as specific as possible. Please hearing on any MMPA application requests for documents on or before confine your comments to issues for received. If you request a hearing, give August 7, 2017. which we seek comments in this notice, specific reasons why a hearing would be ADDRESSES: and explain the basis for your appropriate. The holding of such a Submitting Comments: You may comments. Include sufficient hearing is at the discretion of the submit comments by one of the information with your comments to Service Director. following methods: allow us to authenticate any scientific or III. Permit Applications • Federal eRulemaking Portal: http:// commercial data you include. www.regulations.gov. Follow the We invite the public to comment on The comments and recommendations applications to conduct certain instructions for submitting comments that will be most useful and likely to on Docket No. FWS–HQ–IA–2017–0033. activities with endangered species. With influence agency decisions are: (1) some exceptions, the Endangered • U.S. mail or hand-delivery: Public Those supported by quantitative Comments Processing, Attn: Docket No. Species Act (16 U.S.C. 1531 et seq.; information or studies; and (2) Those ESA) prohibits activities with listed FWS–HQ–IA–2017–0033; U.S. Fish and that include citations to, and analyses Wildlife Service Headquarters, MS: species unless Federal authorization is of, the applicable laws and regulations. acquired that allows such activities. BPHC; 5275 Leesburg Pike, Falls We will not consider or include in our Church, VA 22041–3803. administrative record comments we A. Endangered Species When submitting comments, please receive after the close of the comment Applicant: Morani River Ranch, Uvalde indicate the name of the applicant and period (see DATES) or comments TX; PRT–49112A the PRT# you are commenting on. We delivered to an address other than those The applicant requests a renewal to a will post all comments on http:// listed above (see ADDRESSES). captive-bred wildlife registration under www.regulations.gov. This generally 50 CFR 17.21(g) for barasingha means that we will post any personal B. May I review comments submitted by (Rucervus duvaucelii), red lechwe information you provide us (see the others? (Kobus leche), Arabian oryx (Oryx Public Comments section for more Comments, including names and leucoryx), and Eld’s Deer (Rucervus information). street addresses of respondents, will be eldii), to enhance the propagation or Viewing Comments: Comments and available for public review at the street survival of the species. This notification materials we receive will be available address listed under ADDRESSES. The covers activities to be conducted by the for public inspection on http:// public may review documents and other applicant over a 5-year period. www.regulations.gov, or by information applicants have sent in Applicant: Houston Zoo, Inc., Houston, appointment, between 8 a.m. and 4 support of the application unless our TX; PRT–19910C p.m., Monday through Friday, except allowing viewing would violate the The applicant requests a captive-bred Federal holidays, at the U.S. Fish and Privacy Act or Freedom of Information wildlife registration under 50 CFR Wildlife Service, Division of Act. Before including your address, 17.21(g) for Asian elephant (Elephas Management Authority, 5275 Leesburg phone number, email address, or other maximus) and Baird’s tapir (Tapirus Pike, Falls Church, VA 22041–3803; personal identifying information in your bairdii) to enhance the propagation or telephone 703–358–2095. comment, you should be aware that survival of the species. This notification FOR FURTHER INFORMATION CONTACT: your entire comment—including your covers activities to be conducted by the Joyce Russell, Government Information personal identifying information—may applicant over a 5-year period. Specialist, Division of Management be made publicly available at any time. Applicant: Busch Gardens, Tampa, FL; Authority, U.S. Fish and Wildlife While you can ask us in your comment PRT–24014C Service Headquarters, MS: IA; 5275 to withhold your personal identifying The applicant requests a captive-bred Leesburg Pike, Falls Church, VA 22041– information from public review, we wildlife registration under 50 CFR
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17.21(g) to enhance the propagation or The applicant requests a permit to ACTION: Notice of a renewal of a survival of the following species: film up to 100 Southern sea otters currently approved information African slender-snouted crocodile (Enhydra lutris nereis) and up to 80 collection (1028–0109). (Crocodylus cataphractus), Asian Northern sea otters (Enhydra lutris elephant (Elephas maximus), cheetah kenyoni) within a six month period at SUMMARY: We (the U.S. Geological (Acinonyx jubatus), Malayan tiger the Monterey Bay area, California, and Survey) will ask the Office of (Panthera tigris corbetti), western gorilla Cordova and Simpson Bay areas and Management and Budget (OMB) to (Gorilla gorilla), Bornean orangutan Prince William Sound, Alaska, for the approve the information collection (IC) (Pongo pygmaeus), red-fronted lemur purpose of education. This notification described below. As required by the (Eulemur rufus), mongoose lemur covers activities to be conducted by the Paperwork Reduction Act (PRA) of (Eulemur mongoz), ring-tailed lemur applicant over a 5-year period. 1995, and as part of our continuing (Lemur catta), red-ruffed lemur (Varecia efforts to reduce paperwork and IV. Next Steps rubra), Cuban parrot (Amazona respondent burden, we invite the leucocephala), blue-throated macaw If the Service decides to issue permits general public and other Federal (Ara glaucogularis), and golden parakeet to any of the applicants listed in this agencies to take this opportunity to (Guarouba guarouba). This notification notice, we will publish a notice in the comment on this IC. This collection is covers activities to be conducted by the Federal Register. You may locate the scheduled to expire on September 30, applicant over a 5-year period. Federal Register notice announcing the 2017. Applicant: Fossil Rim Wildlife Center, permit issuance date by searching in DATES: To ensure that your comments Glen Rose, TX; PRT–31693C www.regulations.gov under the permit are considered, we must receive them The applicant requests a captive-bred number listed in this document. on or before September 5, 2017. wildlife registration under 50 CFR V. Public Comments ADDRESSES: You may submit comments 17.21(g) to enhance the propagation or on this information collection to the survival of the following species: You may submit your comments and Information Collection Clearance Cheetah (Acinonyx jubatus), Arabian materials concerning this notice by one Officer, U.S. Geological Survey, gs-info_ oryx (Oryx leucoryx), maned wolf of the methods listed in ADDRESSES. We [email protected] (email). Please (Chrysocyon brachyurus), Przewalski’s will not consider comments sent by reference ‘Information Collection 1028– horse (Equus przewalskii), black-footed email or fax or to an address not listed 0109, iCoast—Did the Coast Change? in cat (Felix negripes), red-crowned crane in ADDRESSES. all correspondence. (Grus japonensis), and black rhino If you submit a comment via http:// FOR FURTHER INFORMATION CONTACT: (Diceros bicornis). This notification www.regulations.gov, your entire Karen L.M. Morgan, Coastal Geologist, covers activities to be conducted by the comment, including any personal St. Petersburg Coastal and Marine applicant over a 5-year period. identifying information, will be posted Science Center, U.S. Geological Survey, Applicant: The University of Alabama at on the Web site. If you submit a 600 4th. St. South, St. Petersburg, FL Birmingham, Birmingham, AL; PRT– hardcopy comment that includes 33701, 727–502–8037, kmorgan@ 14503C personal identifying information, you usgs.gov. You may also find information The applicant requests a permit to may request at the top of your document about this ICR at www.reginfo.gov. import biological samples from the wild that we withhold this information from SUPPLEMENTARY INFORMATION: and captive-born Asian elephant public review. However, we cannot (Elephas maximus) for the purpose of guarantee that we will be able to do so. I. Abstract scientific research. This notification We will post all hardcopy comments As part of its mission to document covers activities to be conducted by the on http://www.regulations.gov. coastal change, the USGS has been applicant over a 1-year period. taking aerial photographs of the coast VI. Authorities Applicant: The University of Alabama at before and after each major storm for the Birmingham, Birmingham AL; PRT– Endangered Species Act of 1973, (16 past 21 years to assess damages to the 15849C U.S.C. 1531 et seq.); Marine Mammal natural landscape and the built The applicant requests a permit to Protection Act of 1972, (16 U.S.C. 1361 environment. A typical mission can import biological samples from the wild et seq.). consist of between approximately and captive-born Asian elephant 3,000–10,000 photographs. The digital Joyce Russell, (Elephas maximus) for the purpose of photo-archive maintained by the USGS scientific research. This notification Government Information Specialist, Branch is a valuable environmental record of Permits, Division of Management covers activities to be conducted by the Authority. almost 200,000 photographs taken applicant over a 1-year period. before and after 24 extreme storms along [FR Doc. 2017–14146 Filed 7–5–17; 8:45 am] B. Marine Mammal the Gulf and Atlantic Coasts. At the BILLING CODE 4333–15–P same time, the USGS has been Applicant: U.S. Fish Wildlife Service developing mathematical models that Marine Mammals Management, DEPARTMENT OF THE INTERIOR predict the likely interactions between Anchorage, AK; PRT–039386 storm surge and coastal features, such as The applicant requests authorization U.S. Geological Survey beaches and dunes, during extreme to renew their permit to take Pacific storms, with the aim of predicting areas walrus (Odobenus rosmarus) samples, [GX16MN00F1F2000] that are vulnerable to storm damage. conduct surveys, and import biological Currently the photographs are not used specimens for the purposes of scientific Agency Information Collection to inform the mathematical models. The research. This notification covers Activities: OMB Control Number 1028– models are based primarily on pre-storm activities to be conducted by the 0109; iCoast—Did the coast change? dune height and predicted wave applicant over a 5-year period. behavior. Applicant: Offspring Films, Bristol, UK; AGENCY: U.S. Geological Survey (USGS), If scientists could ‘‘ground truth’’ PRT–29633C Interior. coastal damage by comparing before and
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after photographs of the coast, the covers the same geographic area and may provide additional information to predictive models might be improved. It shows the same natural and man-made the scientists to more fully assess the is not physically or economically features as the image taken after the accuracy of a participant’s possible for USGS scientists to examine storm. After the best match between classifications. Provision of level of all aerial photographs related to each before-and-after aerial photographs is expertise alone will not allow an storm, however, and automation of this established, participants will classify individual to be personally identified. process is also problematic. Image post-storm coastal damage using simple (3) Keyword tagging: After comparing analysis software is not yet one-or-two word descriptive tags. This pre-and post-storm aerial photographs, sophisticated enough to automatically type of tagging is similar to that used in participants can select predefined identify damages to the natural commercial photo-sharing Web sites keyword tags OR they can submit their landscape and the infrastructure that are such as Flickr (www.flickr.com). Each own in a free-form text field. The depicted in these photographs; human participant will classify photographs of keyword tags will help the USGS perception and local knowledge are their choice. They may classify as many determine classification accuracy, and required. ‘iCoast—Did the Coast photographs as they wish in as many confirm or refute pre-storm predictions Change?’ (hereafter referred to as sessions as they choose. of coastal inundation and damage ‘iCoast’) is a USGS research project to In order for a citizen to participate in derived from the mathematical storm construct a web-based application that classifying the photographs, the surge models. will allow citizen volunteers to compare following information must be collected This application will have many these before and after photographs of by this application: benefits. It will serve the cause of open the coast and identify changes that (1) Participants will login to the government and open data, in that these result from extreme storms through a ‘iCoast’ application using externally images will be available to the public in process known as ‘crowdsourcing’ issued credentials via the Federally an easily accessible online format for (http://en.wikipedia.org/wiki/ approved ‘‘Open Identity Exchange’’ the first time. It will enhance the Crowdsourcing). In concept, this (www.openid.net) method. This Federal science of coastal change and allow for application will be similar to those of Government program benefits users by more accurate storm surge predictions, other citizen science image comparison accelerating their sign up, reducing the benefitting emergency managers and and classification projects such as the frustration of maintaining multiple coastal planners. It will also familiarize Citizen Science Alliance’s Cyclone passwords, allowing them to control coastal communities with coastal Center project, (see their own identity, and minimizing processes and increase their awareness www.cyclonecenter.org), which asks password security risks. User of vulnerabilities to extreme storms. We people to classify types of cyclones by credentials will be managed and anticipate that this application will be comparing satellite images. authenticated by Google, an Identity used by educators to further science, There are two distinct purposes to Provider approved by the Federal technology, engineering and ‘iCoast’: Government. During the login process mathematics (STEM) education; • To allow USGS scientists to ‘ground participants will be redirected to a outreach to educators is planned. truth’ or validate their predictive storm Google owned and operated login page. II. Data surge models. These mathematical Following successful authentication of models, which are widely used in the Id and password, participants are asked OMB Control Number: 1028–0109. emergency management community for by Google to confirm agreement to their Form Number: None. locating areas of potential vulnerability Google email address being shared with Title: iCoast—Did the Coast Change? to incoming storms, are currently based ‘iCoast’. Users have the option to Type of Request: Renewal of existing solely on pre-storm beach morphology decline this and halt the login process information collection. Affected Public: Coastal scientists, as determined by high-resolution with no information shared to ‘iCoast’. coastal managers, marine science elevation data, and predicted wave If a participant accepts the sharing of students, emergency managers, citizens/ behavior derived from parameters of the their email address then the USGS will residents of coastal communities. approaching storm. The on-the-ground store the address within the ‘iCoast’ Respondent’s Obligation: None. post-storm observations provided by database. ‘iCoast’ is never supplied nor Participation is voluntary. citizens using ‘iCoast’ will allow does it request a participant’s password Frequency of Collection: Occasional. scientists to determine the accuracy of directly. Storing of the participant’s Estimated Total Number of Annual the models for future applications, and email address by ‘iCoast’ is necessary to • Responses: 2000 individuals. to serve as a repository of images permit the pairing of Google login Estimated Time per Response: 5 that enables citizens to become more credentials with their ‘iCoast’ profile. minutes. aware of their vulnerability to coastal The USGS will encrypt all stored Estimated Annual Burden Hours: 167 change and to participate in the participant email addresses. No other hours. advancement of coastal science. information or Google account access is Estimated Reporting and The application consists of sets of shared by Google to ‘iCoast’ and nothing Recordkeeping ‘‘Non-Hour Cost’’ before-and-after photographs from each is shared from ‘iCoast’ to Google at any Burden: There are no ‘‘non-hour cost’’ storm with accompanying educational time. burdens associated with this IC. material about coastal hazards. Since (2) Level of expertise: At initial log in Public Disclosure Statement: The PRA the photographs of a given area were to ‘iCoast’, the participant will be asked (44 U.S.C. 3501, et seq.) provides that an taken on different dates following to indicate what type of ‘crowd’ or agency may not conduct or sponsor and slightly different flight paths, the group he or she belongs to by picking you are not required to respond to a geographic orientation of before and from a pre-determined list (e.g. coastal collection of information unless it after images may differ slightly. Often scientist, coastal planner, coastal displays a currently valid OMB control there will be more than one image resident, general public, etc.). The number and current expiration date. covering approximately the same participant may also optionally geographic area and showing the same contribute his or her professional III. Request for Comments coastal features. Participants are asked affiliation in an open text box, but this We are soliciting comments as to: (a) to identify which post-storm image best is not required. Professional affiliation Whether the proposed collection of
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information is necessary for the agency 205–3115. Copies of non-confidential Order No. 5 and, accordingly, he to perform its duties, including whether documents filed in connection with this determined that Yangzhou be found in the information is useful; (b) the investigation are or will be available for default. Order No. 6 at 2. The ALJ accuracy of the agency’s estimate of the inspection during official business further stated that Yangzhou therefore burden of the proposed collection of hours (8:45 a.m. to 5:15 p.m.) in the waived its right to appear, be served information; (c) ways to enhance the Office of the Secretary, U.S. with documents, and to contest the quality, usefulness, and clarity of the International Trade Commission, 500 E allegations at issue in this investigation. information to be collected; and (d) how Street SW., Washington, DC 20436, Id. No party petitioned for review of the to minimize the burden on the telephone (202) 205–2000. General subject ID, and the Commission has respondents, including the use of information concerning the Commission determined not to review the ID. automated collection techniques or may also be obtained by accessing its Complainants have indicated that they other forms of information technology. Internet server at https://www.usitc.gov. are not seeking a general exclusion Please note that the comments The public record for this investigation order. See Complaint and Mot. submitted in response to this notice are may be viewed on the Commission’s In connection with the final a matter of public record. Before electronic docket (EDIS) at https:// disposition of this investigation, the including your personal mailing edis.usitc.gov. Hearing-impaired Commission may (1) issue an order that address, phone number, email address, persons are advised that information on could result in the exclusion of the or other personally identifiable this matter can be obtained by subject articles from entry into the information in your comment, you contacting the Commission’s TDD United States, and/or (2) issue a cease should be aware that your entire terminal on (202) 205–1810. and desist order that could result in the respondent being required to cease and comment, including your personally SUPPLEMENTARY INFORMATION: The desist from engaging in unfair acts in identifiable information, may be made Commission instituted this investigation the importation and sale of such publicly available at any time. While under section 337 of the Tariff Act of you can ask us in your comment to articles. 1930, as amended, 19 U.S.C. 1337 Accordingly, the Commission is withhold your personally identifiable (‘‘section 337’’), on April 12, 2017, information from public view, we interested in receiving written based on a complaint filed by Curlin submissions that address the form of cannot guarantee that we will be able to Medical Inc. of East Aurora, New York; do so. remedy, if any, that should be ordered. ZEVEX, Inc. of Salt Lake City, Utah; and If a party seeks exclusion of an article Christopher Reich, Moog Inc. of East Aurora, New York from entry into the United States for Deputy Center Director, USGS St. Petersburg (collectively, ‘‘Complainants’’). 82 FR purposes other than entry for Coastal and Marine Science Center. 17690–91 (Apr. 12, 2017). The consumption, the party should so complaint alleges a violation of section [FR Doc. 2017–14192 Filed 7–5–17; 8:45 am] indicate and provide information 337 by reason of infringement of certain BILLING CODE 4338–11–P establishing that activities involving claims of U.S. Patent Nos. 6,164,921 other types of entry either are adversely (‘‘the ‘921 patent’’) and 6,371,732 (‘‘the affecting it or are likely to do so. For ‘732 patent’’). The complaint named background, see Certain Devices for INTERNATIONAL TRADE Yangzhou WeiDeLi Trade Co., Ltd. of COMMISSION Connecting Computers via Telephone Yangzhou, China (‘‘Yangzhou’’ or Lines, Inv. No. 337–TA–360, USITC [Investigation No. 337–TA–1048] ‘‘Respondent’’) as the only respondent Pub. No. 2843, Comm’n Op. at 7–10 in this investigation. The Commission’s (Dec. 1994). Certain Intravascular Administration Office of Unfair Import Investigations If the Commission contemplates some Sets and Components Thereof; Notice was named as a party. form of remedy, it must consider the of a Commission Determination Not To On April 7, 2017, the Commission effects of that remedy upon the public Review an Initial Determination Finding served a copy of the Complaint and interest. The factors the Commission Respondent Yangzhou Weideli Trade Notice of Investigation on Yangzhou by will consider include the effect that an Co., Ltd. in Default; Request for express delivery. EDIS Document exclusion order and/or cease and desist Submissions Number 606380. Docket Services orders would have on (1) the public confirmed that the documents were health and welfare, (2) competitive AGENCY: U.S. International Trade accepted by Yangzhou on April 10, conditions in the U.S. economy, (3) U.S. Commission. 2017. Yangzhou did not timely respond production of articles that are like or ACTION: Notice. to the Complaint and Notice of directly competitive with those that are Investigation. On May 10, 2017, subject to investigation, and (4) U.S. SUMMARY: Notice is hereby given that Complainants filed a Motion for an consumers. The Commission is the U.S. International Trade Order to Show Cause and Entry of therefore interested in receiving written Commission has determined not to Default Judgement as to Respondent and submissions that address the review an initial determination (‘‘ID’’) for a Stay of the Procedural Schedule. aforementioned public interest factors (Order No. 6) of the presiding (Mot.) On May 23, 2017, the ALJ issued in the context of this investigation. administrative law judge (‘‘ALJ’’) Order No. 5, granting Complainants’ If the Commission orders some form finding respondent Yangzhou WeiDeLi motion and ordering respondent of remedy, the U.S. Trade Trade Co., Ltd. in default. The Yangzhou to show cause why it should Representative, as delegated by the Commission is requesting submissions not be held in default for failing to President, has 60 days to approve or on remedy, bonding and the public respond to the complaint and notice of disapprove the Commission’s action. interest. investigation. The order set a deadline See Presidential Memorandum of July FOR FURTHER INFORMATION CONTACT: of June 9, 2017, and no response was 21, 2005, 70 FR 43251 (July 26, 2005). Michael Liberman, Esq., Office of the received from Yangzhou. During this period, the subject articles General Counsel, U.S. International On June 13, 2017, the ALJ issued the would be entitled to enter the United Trade Commission, 500 E Street SW., subject ID (Order No. 6). The ALJ found States under bond, in an amount Washington, DC 20436, telephone (202) that Yangzhou failed to respond to determined by the Commission and
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prescribed by the Secretary of the internal investigations, audits, reviews, Washington, DC 20436, telephone (202) Treasury. and evaluations relating to the 708–2310. Copies of non-confidential Written Submissions: Parties to the programs, personnel, and operations of documents filed in connection with this investigation, interested government the Commission including under 5 investigation are or will be available for agencies, and any other interested U.S.C. Appendix 3; or (ii) by U.S. inspection during official business parties are encouraged to file written government employees and contract hours (8:45 a.m. to 5:15 p.m.) in the submissions on the issues of remedy, personnel, solely for cybersecurity Office of the Secretary, U.S. the public interest and bonding. purposes. All contract personnel will International Trade Commission, 500 E Complainants and the Commission sign appropriate nondisclosure Street SW., Washington, DC 20436, investigative attorney (‘‘IA’’) are also agreements. All non-confidential telephone (202) 205–2000. General requested to submit proposed remedial written submissions will be available for information concerning the Commission orders for the Commission’s public inspection at the Office of the may also be obtained by accessing its consideration. Secretary and on EDIS. Internet server at https://www.usitc.gov. Complainants are further requested to The authority for the Commission’s The public record for this investigation provide the expiration date of the ‘921 determination is contained in section may be viewed on the Commission’s and ‘732 patents, the HTSUS numbers 337 of the Tariff Act of 1930, as electronic docket (EDIS) at https:// under which the accused articles are amended, 19 U.S.C. 1337, and in part edis.usitc.gov. Hearing-impaired imported, and the identities of any 210 of the Commission’s Rules of persons are advised that information on known importers of the accused Practice and Procedure, 19 CFR part this matter can be obtained by products. The written submissions and 210. contacting the Commission’s TDD proposed remedial orders must be filed terminal on (202) 205–1810. no later than the close of business on By order of the Commission. Issued: June 30, 2017. SUPPLEMENTARY INFORMATION: Section July 14, 2017. Reply submissions must be filed no later than the close of Katherine M. Hiner, 337 of the Tariff Act of 1930 (19 U.S.C. business on July 21, 2017. No further Supervisory Attorney. 1337(d)(1)) provides that if the submissions on these issues will be [FR Doc. 2017–14194 Filed 7–5–17; 8:45 am] Commission finds a violation it shall exclude the articles concerned from the permitted unless otherwise ordered by BILLING CODE 7020–02–P the Commission. United States: Persons filing written submissions . . . [U]nless, after considering the effect of must file the original document INTERNATIONAL TRADE such exclusion upon the public health and electronically on or before the deadlines COMMISSION welfare, competition conditions in the United States economy, the production of stated above and submit 8 true paper [Investigation No. 337–TA–1000] copies to the Office of the Secretary by like or directly competitive articles in the United States consumers, it finds that such noon the next day pursuant to section Certain Motorized Self-Balancing articles should not be excluded from entry. 210.4(f) of the Commission’s Rules of Vehicles; Supplemental Notice of Practice and Procedure (19 CFR Request for Statements on the Public A similar provision applies to cease and 210.4(f)). Submissions should refer to Interest desist orders (see 19 U.S.C. 1337(f)(1)). the investigation number (‘‘Inv. No. The Commission is interested in 337–TA–1048’’) in a prominent place on AGENCY: International Trade further development of the record on the cover page and/or the first page. (See Commission. the public interest in its investigations. Handbook for Electronic Filing ACTION: Notice. Accordingly, members of the public are Procedures, http://www.usitc.gov/ invited to file submissions of no more SUMMARY: Notice is hereby given that secretary/fed_reg_notices/rules/ than five (5) pages, inclusive of the presiding administrative law judge handbook_on_electronicfiling.pdf). attachments, concerning the public (‘‘ALJ’’) has issued a Final Initial Persons with questions regarding filing interest in light of the administrative Determination on Violation of Section should contact the Secretary (202–205– law judge’s Recommended 2000). 337 and Recommended Determination Determination on Remedy and Bonding Any person desiring to submit a on Remedy and Bonding in the above- issued in this investigation on May 26, document to the Commission in captioned investigation. The 2017. Comments should address confidence must request confidential Commission is soliciting comments on whether issuance of an exclusion order treatment. All such requests should be public interest issues raised by the and/or cease and desist orders in this directed to the Secretary to the recommended relief should the investigation could affect the public Commission and must include a full Commission find a violation of section health and welfare in the United States, statement of the reasons why the 337, as amended. The ALJ competitive conditions in the United Commission should grant such recommended a limited exclusion order States economy, the production of like treatment. See 19 CFR 201.6. Documents directed against certain motorized self- or directly competitive articles in the for which confidential treatment by the balancing vehicles imported by the United States, or United States Commission is properly sought will be sixteen defaulting respondents, and consumers. treated accordingly. All information, cease and desist orders directed against In particular, the Commission is including confidential business these respondents. This supplemental interested in comments that: information and documents for which notice is soliciting public interest (i) Explain how the articles confidential treatment is properly comments from the public only. Parties potentially subject to the recommended sought, submitted to the Commission for are to file public interest submissions orders are used in the United States; purposes of this Investigation may be pursuant to applicable Federal (ii) identify any public health, safety, disclosed to and used: (i) By the regulations. or welfare concerns in the United States Commission, its employees and Offices, FOR FURTHER INFORMATION CONTACT: relating to the recommended orders; and contract personnel (a) for Clint A. Gerdine, Office of the General (iii) indicate the extent to which like developing or maintaining the records Counsel, U.S. International Trade or directly competitive articles are of this or a related proceeding, or (b) in Commission, 500 E Street SW., produced in the United States or are
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otherwise available in the United States, DEPARTMENT OF JUSTICE the Wisconsin Department of Natural with respect to the articles potentially Resources (collectively, the ‘‘Trustees’’). Notice of Lodging of Proposed subject to the recommended orders; Under the proposed Consent Decree, Consent Decree Under the (iv) indicate whether Complainant, the Defendants will pay $8.2 million of Comprehensive Environmental Complainant’s licensees, and/or third which $6,476,742 will fund Trustee- Response, Compensation, and Liability party suppliers have the capacity to sponsored natural resource restoration Act and Notice of Availability and replace the volume of articles projects in accordance with the RP/EA Request for Comments on Draft potentially subject to the recommended and $1,723,258 will provide Restoration Plan and Environmental orders within a commercially reimbursement for costs incurred by the Assessment reasonable time; and Trustees in assessing the scope of (v) explain how the recommended On June 29, 2017, the Department of natural resource damages. The RP/EA orders would impact consumers in the Justice lodged a proposed Consent presents the restoration projects United States. Decree and Draft Restoration Plan/ proposed by the Trustees to restore The deadline for filing written Environmental Assessment (‘‘RP/EA’’) natural resources injured by hazardous submissions has been extended to the with the United States District Court for substances released in and around the close of business on July 14, 2017. the District of Minnesota in the lawsuit SLRIDT site. Persons filing written submissions entitled United States, Minnesota, and Consistent with the natural resource must file the original document Wisconsin v. XIK, LLC; Honeywell damages assessment and restoration electronically on or before the deadlines International, Inc.; and Domtar, Inc., (‘‘NRDAR’’) regulations, 43 CFR part 11, stated above and submit 8 true paper Civil Action No. 017–cv–02368. and the National Environmental Policy copies to the Office of the Secretary by The proposed Consent Decree will Act of 1969 (‘‘NEPA’’), as amended, 42 noon the next day pursuant to resolve a claim for natural resource U.S.C. 4321–4347 et seq., and its Commission Rule 210.4(f), 19 CFR damages at the St. Louis River/Interlake/ implementing regulations at 40 CFR 210.4(f). Submissions should refer to the Duluth Tar (‘‘SLRIDT’’) Superfund Site parts 1500–1508, the Trustees evaluated investigation number (‘‘Inv. No. 337– brought by the governments under the a suite of five alternatives for TA–1000’’) in a prominent place on the Comprehensive Environmental conducting the type and scale of cover page and/or the first page. (See Response, Compensation, and Liability restoration sufficient to compensate the Handbook for Electronic Filing Act (‘‘CERCLA’’), 42 U.S.C. 9607. The public for natural resource injuries and Procedures, http://www.usitc.gov/ SLRIDT Site consists of 255 acres of service losses. Based on selection factors secretary/fed_reg_notices/rules/ land and river embayments located including location, technical feasibility, handbook_on_electronic_filing.pdf). primarily in Duluth, Minnesota, and cost effectiveness, provision of natural Persons with questions regarding filing extends into the St. Louis River. The resource services similar to those lost should contact the Secretary (202–205– filed complaint alleges that the three due to contamination, and net 2000). Defendants are liable under CERCLA for environmental consequences, the Trustees identified a preferred Any person desiring to submit a industrial discharges of polycyclic alternative. document (or portion thereof) to the aromatic hydrocarbons (‘‘PAHs’’) at the Commission in confidence must request SLRIDT Site during the first half of the Under the preferred alternative, the confidential treatment unless the 20th Century. PAHs were identified in Trustees would conduct enhancement/ information has already been granted river sediments throughout the Site in restoration of shallow sheltered such treatment during the proceedings. sufficient concentrations to cause injury embayment at Kingsbury Bay, which All such requests should be directed to to many types of natural resources, includes recreational access and the Secretary of the Commission and including vegetation, fish and birds. In cultural education opportunities; must include a full statement of the addition, PAH-contaminated natural implement watershed protection at reasons why the Commission should resources resulted in the loss of Kingsbury Creek; and restore wild rice grant such treatment. See 19 CFR 201.6. recreational fishing and tribal use in the St. Louis River estuary. Documents for which confidential services. The publication of this notice opens treatment by the Commission is sought Under CERCLA, federal, state, and a period for public comment on the will be treated accordingly. A redacted tribal natural resource trustees have Consent Decree and RP/EA. non-confidential version of the authority to seek compensation for Comments on the Consent Decree document must also be filed natural resources harmed by hazardous should be addressed to the Assistant simultaneously with any confidential industrial waste and by-products Attorney General, Environment and filing. All non-confidential written discharged into the St. Louis River. The Natural Resources Division, and should submissions will be available for public natural resource trustees here include refer to United States Minnesota, and inspection at the Office of the Secretary the U.S. Department of the Interior, Wisconsin v. XIK, LLC; Honeywell and on EDIS. acting through the U.S. Fish and International, Inc.; and Domtar, Inc., Wildlife Service and the Bureau of This action is taken under authority of D.J. Ref. No. 90–11–3–07875. All Indian Affairs; the U.S. Department of section 337 of the Tariff Act of 1930, as comments on the Consent Decree must Commerce, acting through the National amended, 19 U.S.C. 1337, and part 210 be submitted no later than thirty (30) Oceanic and Atmospheric of the Commission’s Rules of Practice days after the publication date of this Administration; the Fond du Lac Band and Procedure (19 CFR part 210). notice. Comments may be submitted of Lake Superior Chippewa; the 1854 By order of the Commission. either by email or by mail: Treaty Authority, representing the Issued: June 30, 2017. Grand Portage Band of Lake Superior Katherine M. Hiner, To submit Chippewa and the Bois Forte Band of comments: Send them to: Supervisory Attorney. Chippewa; the Minnesota Pollution [FR Doc. 2017–14197 Filed 7–5–17; 8:45 am] Control Agency; the Minnesota By email ...... pubcomment-ees.enrd@ BILLING CODE 7020–02–P Department of Natural Resources; and usdoj.gov.
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NATIONAL AERONAUTICS AND be held on these dates to the scheduling To submit Send them to: comments: SPACE ADMINISTRATION priorities of the key participants. By mail ...... Assistant Attorney General, Carol J. Hamilton, U.S. DOJ—ENRD, P.O. [17–044] Acting Advisory Committee Management Box 7611, Washington, DC Officer, National Aeronautics and Space 20044–7611. NASA Advisory Council; Human Administration. Exploration and Operations [FR Doc. 2017–14118 Filed 7–5–17; 8:45 am] Committee; Meeting During the public comment period, BILLING CODE 7510–13–P the Consent Decree may be examined AGENCY: National Aeronautics and and downloaded at this Justice Space Administration. Department Web site: https:// NATIONAL AERONAUTICS AND www.justice.gov/enrd/consent-decrees. ACTION: Notice of meeting. SPACE ADMINISTRATION We will provide a paper copy of the [17–046] Consent Decree upon written request SUMMARY: In accordance with the and payment of reproduction costs. Federal Advisory Committee Act, as NASA Advisory Council; Technology, Please mail your request and payment amended, the National Aeronautics and Innovation and Engineering to: Consent Decree Library, U.S. DOJ— Space Administration (NASA) Committee; Meeting announces a meeting of the Human ENRD, P.O. Box 7611, Washington, DC AGENCY: National Aeronautics and Exploration and Operations Committee 20044–7611. Space Administration. of the NASA Advisory Council (NAC). Please enclose a check or money order This Committee reports to the NAC. ACTION: Notice of meeting. for $41.75 (25 cents per page reproduction cost) payable to the United DATES: Monday, July 24, 2017, 10:30 SUMMARY: In accordance with the States Treasury. For a paper copy of the a.m.–5:00 p.m.; and Tuesday, July 25, Federal Advisory Committee Act, as Consent Decree without the attached 2017, 9:00 a.m.–5:15 p.m., Local Time. amended, the National Aeronautics and RP/EA, the cost is $9.25. For a paper Space Administration (NASA) ADDRESSES: National Institute of copy of only the RP/EA, the cost is announces a meeting of the Technology, Aerospace, Room 137, 100 Exploration $32.50. Innovation and Engineering Committee Way, Hampton, VA 23666 of the NASA Advisory Council (NAC). Comments on the RP/EA should be This Committee reports to the NAC. addressed to Ronald Wieland, FOR FURTHER INFORMATION CONTACT: Dr. Minnesota Department of Natural Bette Siegel, Executive Secretary, NAC DATES: Tuesday, July 25, 2017, 8:00 Resources, and reference ‘‘SLRDIT RP/ Human Exploration and Operations a.m.–5:00 p.m., Local Time. EA’’ in the subject line. All comments Committee, NASA Headquarters, ADDRESSES: National Aerospace on the RP/EA must be submitted no Washington, DC 20546, (202) 358–2245, Institute, Room 101, 100 Exploration later than thirty (30) days after the or [email protected]. Way, Hampton, VA 23666. publication date of this notice. SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: Mr. Comments may be submitted either by meeting will be open to the public up Mike Green, Executive Secretary, NAC email or by mail: to the seating capacity of the room. This Technology, Innovation, and meeting is also available telephonically Engineering Committee, NASA Headquarters, Washington, DC 20546, To submit Send them to: and by WebEx. You must use a touch- comments: tone phone to participate in this (202) 358–4710, or [email protected]. meeting. Any interested person may dial SUPPLEMENTARY INFORMATION: The By email ...... [email protected]. the toll free access number 1–888–324– meeting will be open to the public up By mail ...... Ronald Wieland, Minnesota Department of Natural Re- 9238 or toll access number 1–517–308– to the seating capacity of the room. This sources, 500 Lafayette 9132, and then the numeric participant meeting is also available telephonically Road North, St. Paul, MN passcode: 3403297 followed by the # and by WebEx. You must use a touch- 55155. sign. The WebEx link is https:// tone phone to participate in this nasa.webex.com/, the meeting number meeting. Any interested person may dial During the public comment period, is 991 050 585, and the password is the toll free access number 1–844–467– the RP/EA may be examined and Exploration@2017 (case sensitive). 6272, and then the numeric participant downloaded at this U.S. Fish and Note: If dialing in, please ‘‘mute’’ your passcode 102421 followed by the # sign. Wildlife Service Midwest Region telephone. The WebEx link is https:// Natural Resource Damage Assessment nasa.webex.com/, the meeting number is 990 800 956, and the password is Web site: https://www.fws.gov/Midwest/ The agenda for the meeting includes ‘‘TIE@NIA2017’’ (case sensitive). es/ec/nrda/index.html. As described the following topics: above, a paper copy of the RP/EA may • Human Exploration and Operations Note: If dialing in, please ‘‘mute’’ your obtained from the Department of Justice Mission Directorate telephone. as part of the Consent Decree upon • International Space Station The agenda for the meeting includes written request and payment of • the following topics: reproduction costs. Exploration Systems Divisions • Space Technology Mission Directorate • Commercial Crew (STMD) Update Randall M. Stone, • • Future Human Exploration Plans and Habitation Capability Development— Acting Assistant Section Chief, Human Exploration Operations Tech Environmental Enforcement Section, Science Opportunities Overview • Development Efforts Environment and Natural Resources Division. Total Solar Eclipse Science • Centennial Challenges Program [FR Doc. 2017–14193 Filed 7–5–17; 8:45 am] Attendees will be requested to sign a Findings and Response BILLING CODE 4410–15–P register. It is imperative that the meeting • Office of the Chief Engineer Update
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• Advanced Manufacturing and Note: If dialing in, please ‘‘mute’’ your sign. The WebEx link is https:// Structures Update telephone. nasa.webex.com/, the meeting number • Future Technology Demonstration The agenda for the meeting will is 999 312 235 and the password is Missions and In-Space Robotic include the following: Meeting2017! (case sensitive). Manufacturing and Assembly (IRMA) —Opening Remarks by Chair Note: If dialing in, please ‘‘mute’’ your Update —STEM Education Advisory Panel telephone. • STMD Strategy Framework (CoSTEM) The agenda for the meeting includes Discussion —Update on Business Service the following topics: Attendees will be requested to sign a Assessment register. It is imperative that the meeting —Mission Support Update —Status on Office of Education Budget —NASA Langley Research Center be held on this date to accommodate the —Discussing/Finalizing Findings and scheduling priorities of the key Institutional Perspective Recommendations —IT Transformation Update participants. —Other Related Topics Attendees will be requested to sign a Carol J. Hamilton, Attendees will be requested to sign a register. It is imperative that the meeting register. It is imperative that the meeting Acting Advisory Committee Management be held on this date to accommodate the Officer, National Aeronautics and Space be held on this date to accommodate the scheduling priorities of the key Administration. scheduling priorities of the key participants. [FR Doc. 2017–14116 Filed 7–5–17; 8:45 am] participants. Carol J. Hamilton, BILLING CODE 7510–13–P Carol J. Hamilton, Acting Advisory Committee Management Acting Advisory Committee Management Officer. National Aeronautics and Space Officer, National Aeronautics and Space Administration. NATIONAL AERONAUTICS AND Administration. [FR Doc. 2017–14117 Filed 7–5–17; 8:45 am] SPACE ADMINISTRATION [FR Doc. 2017–14115 Filed 7–5–17; 8:45 am] BILLING CODE 7510–13–P [Notice: 17–047] BILLING CODE 7510–13–P
NASA Advisory Council; Ad Hoc Task NATIONAL AERONAUTICS AND Force on STEM Education Meeting NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SPACE ADMINISTRATION AGENCY: National Aeronautics and [17–043] [Notice: 17–045] Space Administration. NASA Advisory Council; Aeronautics ACTION: Notice of meeting. NASA Advisory Council; Institutional Committee; Meeting. Committee; Meeting SUMMARY: In accordance with the AGENCY: National Aeronautics and Federal Advisory Committee Act, as AGENCY: National Aeronautics and Space Administration. amended, the National Aeronautics and Space Administration. ACTION: Notice of meeting. Space Administration (NASA) ACTION: Notice of meeting. announces a meeting of the Ad Hoc SUMMARY: In accordance with the Task Force on Science, Technology, SUMMARY: In accordance with the Federal Advisory Committee Act, as Engineering and Mathematics (STEM) of Federal Advisory Committee Act, as amended, the National Aeronautics and the NASA Advisory Council (NAC). amended, the National Aeronautics and Space Administration (NASA) This Task Force reports to the NAC. Space Administration (NASA) announces a meeting of the Aeronautics DATES: Tuesday, July 25, 2017, 12:00– announces a meeting of the Institutional Committee of the NASA Advisory 4:30 p.m.; Local Time. Committee of the NASA Advisory Council (NAC). The meeting will be Council (NAC). This committee reports ADDRESSES: National Institute of held for the purpose of soliciting, from to the NAC. Aerospace, Room 142, 100 Exploration the aeronautics community and other Way, Hampton, VA 23666. DATES: Tuesday, July 25, 2017, 8:30 persons, research and technical a.m.–5:00 p.m.; Local Time. information relevant to program FOR FURTHER INFORMATION CONTACT: Dr. ADDRESSES: National Institute of planning. This Committee reports to the Beverly Girten, Executive Secretary, NAC. NAC Ad Hoc Task Force on STEM Aerospace, Room 101C, 100 Exploration DATES: Education, NASA Headquarters, Way, Hampton, VA 23666. Tuesday, July 25, 2017, 10:30 Washington, DC 20546, (202) 358–0212, FOR FURTHER INFORMATION CONTACT: Mr. a.m.–5:30 p.m., Local Time. or [email protected]. Todd Mullins, Executive Secretary, ADDRESSES: National Institute of Aerospace, Room 141, 100 Exploration SUPPLEMENTARY INFORMATION: The NAC Institutional Committee, NASA Way, Hampton, VA 23666. meeting will be open to the public up Headquarters, Washington, DC 20546; to the seating capacity of the room. This (202) 358–3831, or todd.mullins@ FOR FURTHER INFORMATION CONTACT: Ms. meeting is also available telephonically nasa.gov. Irma Rodriguez, Executive Secretary, and by WebEx. You must use a touch- SUPPLEMENTARY INFORMATION: The NAC Aeronautics Committee, NASA tone phone to participate in this meeting will be open to the public up Headquarters, Washington, DC 20546, meeting. Any interested person may dial to the seating capacity of the room. This (202) 358–0984, or irma.c.rodriguez@ the toll free access number 1–844–467– meeting is also available telephonically nasa.gov. 6272 or toll access number 1–720–259– and by WebEx. You must use a touch- SUPPLEMENTARY INFORMATION: The 6462, and then the numeric participant tone phone to participate in this meeting will be open to the public up passcode: 634012 followed by the # meeting. Any interested person may dial to the seating capacity of the room. This sign. The WebEx link is https:// the toll free access number 1–844–467– meeting is also available telephonically nasa.webex.com/, the meeting number 6272 or toll access number 1–720–259– and by WebEx. You must use a touch- is 997 505 505 and the password is 6462, and then the numeric participant tone phone to participate in this Elaine56$ (case sensitive). passcode: 180093 followed by the # meeting. Any interested person may dial
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the toll free access number 1–844–467– SUPPLEMENTARY INFORMATION: The comment on proposed and/or 6272, and then the numeric participant meeting will be open to the public up continuing information collections. passcode: 208191 followed by the # to the seating capacity of the room. This DATES: All comments should be sign. The WebEx link is https:// meeting is also available telephonically submitted within 60 calendar days from nasa.webex.com/, the meeting number and by WebEx. You must use a touch- the date of this publication. is 996 745 754, and the password is tone phone to participate in this ADDRESSES: All comments should be CFKxfq@3 (case sensitive). meeting. For July 24, please use the addressed to Frances Teel, Mail Code Note: If dialing in, please ‘‘mute’’ your following information. The Science JF000, National Aeronautics and Space telephone. Committee meeting will be held in Administration, Washington, DC 20546– Room 141. Any interested person may 0001. The agenda for the meeting includes dial the toll free number FOR FURTHER INFORMATION CONTACT: the following topics: 1–888–592–9603 or toll access number Requests for additional information or —New Aviation Horizons Planning and 1–312–470–7407, and then the numeric copies of the information collection Management Status participant passcode: 5588797 followed instrument(s) and instructions should —Aeronautics Research Mission by the # sign. The WebEx link is https:// be directed to Frances Teel, NASA PRA Directorate FY 2018 Budget nasa.webex.com/; the meeting number Clearance Officer, NASA Headquarters, —Airspace Transportation Demonstrator is 991 826 993 and the password is SC@ 300 E Street SW., Mail Code JF000, Overview July2017. For July 25, please use the Washington, DC 20546. Attendees will be requested to sign a following information. The joint Science register. It is imperative that the meeting Committee/Human Exploration and SUPPLEMENTARY INFORMATION: be held on this date to accommodate the Operations Committee meeting will be I. Abstract scheduling priorities of the key held in Room 137. Any interested participants. person may dial the toll free number 1– This information collection is for reports, other than financial, property, Carol J. Hamilton, 888–324–9238 or toll access number 1– 517–308–9132, and then the numeric or patent, data or copyrights reports, Acting Advisory Committee Management which are covered under separate ICRs. Officer, National Aeronautics and Space participant passcode: 3403297 followed Administration. by the # sign. The WebEx link is https:// These reports are required for effective management and administration of [FR Doc. 2017–14119 Filed 7–5–17; 8:45 am] nasa.webex.com/, the meeting number contracts with an estimated value of BILLING CODE 7510–13–P is 991 050 585, and the password is Exploration@2017 (case sensitive). more than $500,000, in support of NASA’s mission. Note: If dialing in, please ‘‘mute’’ your NATIONAL AERONAUTICS AND telephone. II. Method of Collection SPACE ADMINISTRATION The agenda for the meeting includes NASA collects this information [Notice: 17–042] the following topics: electronically where feasible, but —Future Human Exploration Plans and information may also be collected by NASA Advisory Council; Science Science Opportunities Overview mail or fax. Committee; Meeting —Science Mission Directorate FY 2018 III. Data AGENCY: National Aeronautics and Budget Briefing Space Administration. —Research and Analysis Charge Title: Reports Requested for Contracts —Total Solar Eclipse Science with an Estimated Value Greater Than ACTION: Notice of meeting. Attendees will be requested to sign a $500,000. SUMMARY: In accordance with the register. It is imperative that the meeting OMB Number: 2700–0089. Federal Advisory Committee Act, as be held on these dates to the scheduling Type of review: Extension of a amended, the National Aeronautics and priorities of the key participants. currently approved collection. Affected Public: Business or other for- Space Administration (NASA) Carol J. Hamilton, profit; Not-for-profit institutions; and announces a meeting of the Science Acting Advisory Committee Management Committee of the NASA Advisory Officer, National Aeronautics and Space State, Local or Tribal Government. Council (NAC). The meeting will be Administration. Estimated Number of Respondents: 501. held for the purpose of soliciting, from [FR Doc. 2017–14120 Filed 7–5–17; 8:45 am] Estimated Annual Responses: 436. the scientific community and other BILLING CODE 7510–13–P persons, scientific and technical Estimated Time per Response: 7 information relevant to program hours. planning. This Committee reports to the NATIONAL AERONAUTICS AND Estimated Total Annual Burden NAC. SPACE ADMINISTRATION Hours: 3,052. Estimated Total Annual Cost: DATES: Monday, July 24, 2017, 8:30 [17–036] $180,068. a.m.–5:30 p.m.; and Tuesday, July 25, 2017, 9:00 a.m.–5:15 p.m., Local Time. Notice of Information Collection IV. Request for Comments ADDRESSES: National Institute of AGENCY: National Aeronautics and Comments are invited on: (1) Whether Aerospace, Room 141 (on July 24) and Space Administration (NASA). the proposed collection of information Room 137 (on July 25), 100 Exploration ACTION: Notice of information collection. is necessary for the proper performance Way, Hampton, VA 23666. of the functions of NASA, including FOR FURTHER INFORMATION CONTACT: Ms. SUMMARY: The National Aeronautics and whether the information collected has KarShelia Henderson, Science Mission Space Administration, as part of its practical utility; (2) the accuracy of Directorate, NASA Headquarters, continuing effort to reduce paperwork NASA’s estimate of the burden Washington, DC 20546, (202) 358–2355, and respondent burden, invites the (including hours and cost) of the fax (202) 358–2779, or khenderson@ general public and other Federal proposed collection of information; (3) nasa.gov. agencies to take this opportunity to ways to enhance the quality, utility, and
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clarity of the information to be Proposal Review Panel for Social, Section II identifies the docket collected; and (4) ways to minimize the Behavioral and Economic Sciences, number(s) associated with each Postal burden of the collection of information #1766 Service request, the title of each Postal on respondents, including automated Proposal Review Panel for Social and Service request, the request’s acceptance collection techniques or the use of other Economic Sciences, #10748 date, and the authority cited by the forms of information technology. Proposal Review Panel for Integrative Postal Service for each request. For each Activities, #2469 request, the Commission appoints an Frances Teel, Proposal Review Panel for International officer of the Commission to represent NASA PRA Clearance Officer. Science and Engineering, #10749 the interests of the general public in the [FR Doc. 2017–14102 Filed 7–5–17; 8:45 am] Effective date for renewal is June 30 proceeding, pursuant to 39 U.S.C. 505 BILLING CODE 7510–13–P 2017. For more information, please (Public Representative). Section II also contact Crystal Robinson, NSF, at (703) 292–8687. establishes comment deadline(s) NATIONAL SCIENCE FOUNDATION pertaining to each request. Dated: June 30, 2017. The public portions of the Postal Crystal Robinson, Committee Management; Renewals Service’s request(s) can be accessed via Committee Management Officer. the Commission’s Web site (http:// The National Science Foundation [FR Doc. 2017–14158 Filed 7–5–17; 8:45 am] (NSF) management officials having www.prc.gov). Non-public portions of BILLING CODE 7555–01–P responsibility for the advisory the Postal Service’s request(s), if any, committees listed below have can be accessed through compliance determined that renewing these groups with the requirements of 39 CFR POSTAL REGULATORY COMMISSION for another two years is necessary and 3007.40. in the public interest in connection with [Docket No. CP2017–217] The Commission invites comments on the performance of duties imposed upon whether the Postal Service’s request(s) the Director, National Science New Postal Products in the captioned docket(s) are consistent Foundation (NSF), by 42 U.S.C. 1861 et AGENCY: Postal Regulatory Commission. seq. This determination follows with the policies of title 39. For ACTION: Notice. consultation with the Committee request(s) that the Postal Service states concern market dominant product(s), Management Secretariat, General SUMMARY: The Commission is noticing a applicable statutory and regulatory Services Administration. recent Postal Service filing for the requirements include 39 U.S.C. 3622, 39 Committees Commission’s consideration concerning negotiated service agreements. This U.S.C. 3642, 39 CFR part 3010, and 39 Advisory Committee for Biological notice informs the public of the filing, CFR part 3020, subpart B. For request(s) Sciences, #1110 invites public comment, and takes other that the Postal Service states concern Advisory Committee for administrative steps. competitive product(s), applicable Cyberinfrastructure, #25150 DATES: Comments are due: July 7, 2017. statutory and regulatory requirements Advisory Committee for Education and include 39 U.S.C. 3632, 39 U.S.C. 3633, ADDRESSES: Submit comments Human Resources, #1119 39 U.S.C. 3642, 39 CFR part 3015, and Advisory Committee for Engineering, electronically via the Commission’s #1170 Filing Online system at http:// 39 CFR part 3020, subpart B. Comment Advisory Committee for Geosciences, www.prc.gov. Those who cannot submit deadline(s) for each request appear in #1755 comments electronically should contact section II. Advisory Committee for Integrative the person identified in the FOR FURTHER II. Docketed Proceeding(s) Activities, #1373 INFORMATION CONTACT section by Alan T. Waterman Award Committee, telephone for advice on filing 1. Docket No(s).: CP2017–217; Filing #1172 alternatives. Title: Notice of United States Postal Proposal Review Panel for Atmospheric FOR FURTHER INFORMATION CONTACT: Service of Filing a Functionally and Geospace Sciences, #10751 Equivalent Global Expedited Package Proposal Review Panel for Behavioral David A. Trissell, General Counsel, at and Cognitive Sciences, #10747 202–789–6820. Services 7 Negotiated Service Proposal Review Panel for Biological SUPPLEMENTARY INFORMATION: Agreement and Application for Non- Public Treatment of Materials Filed Infrastructure, #10743 Table of Contents Proposal Review Panel for Earth Under Seal; Filing Acceptance Date: Sciences, #1569 I. Introduction June 28, 2017; Filing Authority: 39 CFR Proposal Review Panel for Emerging II. Docketed Proceeding(s) 3015.5; Public Representative: Kenneth Frontiers in Biological Sciences, R. Moeller; Comments Due: July 7, 2017. #44011 I. Introduction This notice will be published in the Proposal Review Panel for Federal Register. Environmental Biology, #10744 The Commission gives notice that the Postal Service filed request(s) for the Proposal Review Panel for Geosciences, Ruth Ann Abrams, Commission to consider matters related #1756 Acting Secretary. Proposal Review Panel for Integrative to negotiated service agreement(s). The Organismal Systems, #10745 request(s) may propose the addition or [FR Doc. 2017–14114 Filed 7–5–17; 8:45 am] Proposal Review Panel for Molecular removal of a negotiated service BILLING CODE 7710–FW–P and Cellular Biosciences, #10746 agreement from the market dominant or Proposal Review Panel for Ocean the competitive product list, or the Sciences, #10752 modification of an existing product Proposal Review Panel for Research on currently appearing on the market Learning in Formal and Informal dominant or the competitive product Settings, #59 list.
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SECURITIES AND EXCHANGE Proposed Rule Change.4 To the extent extreme but plausible market COMMISSION that comments to the Proposed Rule conditions.9 Change are relevant to the Advance 5 A. Overview of the Proposal [Release No. 34–81054; File No. SR–FICC– Notice, they are discussed below. This CCLF would be invoked only if FICC 2017–802] publication serves as notice of no objection to the Advance Notice. declared a ‘‘CCLF Event,’’ which would Self-Regulatory Organizations; Fixed occur only if FICC ceased to act for a I. Description of the Advance Notice Income Clearing Corporation; Notice of Netting Member in accordance to GSD No Objection to Advance Notice Filing FICC’s current liquidity resources for Rule 22A (referred to as a ‘‘default’’) To Implement the Capped Contingency its Government Securities Division and, subsequent to such default, FICC Liquidity Facility in the Government (‘‘GSD’’) 6 consist of (i) cash in GSD’s determined that its other, above- Securities Division Rulebook clearing fund; (ii) cash that can be described liquidity resources could not obtained by entering into uncommitted generate sufficient cash to satisfy FICC’s June 29, 2017. repo transactions using securities in the payment obligations to the non- Fixed Income Clearing Corporation clearing fund; (iii) cash that can be defaulting Netting Members. Once FICC (‘‘FICC’’) filed with the U.S. Securities obtained by entering into uncommitted declares a CCLF Event, each Netting and Exchange Commission repo transactions using the securities Member could be called upon to enter (‘‘Commission’’) on March 1, 2017 the that were destined for delivery to the into repurchase transactions with FICC advance notice SR–FICC–2017–802 defaulting Netting Member; and (iv) (‘‘CCLF Transactions’’) up to a pre- (‘‘Advance Notice’’) pursuant to Section uncommitted bank loans.7 With this determined capped dollar amount, as 806(e)(1) of Title VIII of the Dodd-Frank Advance Notice, FICC proposes to described below. Wall Street Reform and Consumer amend its GSD Rulebook (‘‘GSD 1. Declaration of a CCLF Event Rules’’) 8 to establish a rules-based, Protection Act, entitled the Payment, Following a default, FICC would first Clearing, and Settlement Supervision committed liquidity resource (i.e., the Capped Contingency Liquidity Facility® obtain liquidity through its other Act of 2010 (‘‘Clearing Supervision available non-CCLF liquidity resources. Act’’) 1 and Rule 19b–4(n)(1)(i) under (‘‘CCLF’’)) as an additional liquidity resource designed to provide FICC with If FICC determined that these sources of the Securities Exchange Act of 1934 liquidity would be insufficient to meet (‘‘Exchange Act’’).2 The Advance Notice a committed liquidity resource to meet its cash settlement obligations in the FICC’s payment obligations to its non- was published for comment in the defaulting Netting Members, FICC Federal Register on March 15, 2017.3 event of a default of the GSD Netting Member or family of affiliated Netting would declare a CCLF Event. FICC The Commission received no comments would notify all Netting Members of to the Advance Notice, and it received Members (‘‘Affiliated Family’’) to which FICC has the largest exposure in FICC’s need to make such a declaration four comment letters to the related and enter into CCLF Transactions, as
4 necessary, by issuing an Important 1 12 U.S.C. 5465(e)(1). The Financial Stability See letter from Robert E. Pooler Jr. Chief Notice. Oversight Council designated FICC a systemically Financial Officer, Ronin Capital LLC (‘‘Ronin’’), important financial market utility on July 18, 2012. dated April 10, 2017, to Robert W. Errett, Deputy 2. CCLF Transactions See Financial Stability Oversight Council 2012 Secretary, Commission (‘‘Ronin Letter I’’); letter Annual Report, Appendix A, http:// from Alan B. Levy, Managing Director, Industrial Upon declaring a CCLF Event, FICC www.treasury.gov/initiatives/fsoc/Documents/ and Commercial Bank of China Financial Services would meet its liquidity need by 2012%20Annual%20Report.pdf. Therefore, FICC is LLC (‘‘ICBC’’), Philip Vandermause, Director, initiating CCLF Transactions with non- required to comply with the Payment, Clearing and Aardvark Securities LLC, David Rutter, Chief Settlement Supervision Act and file advance Executive Officer, LiquidityEdge LLC, Robert defaulting Netting Members. The notices with the Commission. See 12 U.S.C. Pooler, Chief Financial Officer, Ronin Capital LLC, original transaction that created FICC’s 5465(e). Jason Manumaleuna, Chief Financial Officer and initial obligation to pay cash to the now 2 17 CFR 240.19b–4(n)(1)(i). EVP, Rosenthal Collins Group LLC, and Scott Skyrm, Managing Director, Wedbush Securities Inc. Direct Affected Member, and the Direct 3 Securities Exchange Act Release No. 80191 (‘‘ICBC Letter’’); letter from Timothy J. Cuddihy, Affected Member’s initial obligation to (March 9, 2017), 82 FR 13876 (March 15, 2017) (SR– Managing Director, FICC, dated March 8, 2017, to FICC–2017–802) (‘‘Notice’’). FICC also filed a deliver securities to FICC, would be Robert W. Errett, Deputy Secretary, Commission related proposed rule change (SR–FICC–2017–002) deemed satisfied by entry into the CCLF (‘‘FICC Letter’’); and letter from Robert E. Pooler Jr., (‘‘Proposed Rule Change’’) with the Commission Chief Financial Officer, Ronin, dated June 19, 2017, Transaction, and such settlement would pursuant to Section 19(b)(1) of the Exchange Act to Robert W. Errett, Deputy Secretary, Commission be final. and Rule 19b–4 thereunder, seeking approval of (‘‘Ronin Letter II’’), available at https:// changes to its rules necessary to implement the Each CCLF Transaction would be www.sec.gov/comments/sr-ficc-2017-002/ Advance Notice. 15 U.S.C. 78s(b)(1) and 17 CFR governed by the terms of the September ficc2017002.htm. 240.19b–4, respectively. The Proposed Rule Change 5 1996 Securities Industry and Financial was published in the Federal Register on March 20, Because the proposal contained in the Advance Notice was also filed as the Proposed Rule Change, Markets Association Master Repurchase 2017. Securities Exchange Act Release No. 80234 10 (March 14, 2017), 82 FR 14401 (March 20, 2017) see supra note 3, the Commission is considering Agreement, which would be (SR–FICC–2017–002). On April 25, 2017, the any comment received on the Proposed Rule Commission designated a longer period within Change also to be a comment on the Advance 9 As defined in the GSD Rules, the term ‘‘Netting which to approve the Proposed Rule Change, Notice. Member’’ means a GSD member that is a member disapprove the Proposed Rule Change, or institute 6 FICC operates two divisions—GSD and the of the GSD Comparison System and the Netting proceedings to determine whether to approve or Mortgage-Backed Securities Division (‘‘MBSD’’). System. Id. disapprove the Proposed Rule Change. See GSD provides trade comparison, netting, risk 10 The September 1996 Securities Industry and Securities Exchange Act Release No. 80524 (April management, settlement and central counterparty Financial Markets Association Master Repurchase 25, 2017), 82 FR 20685 (May 3, 2017). On May 30, services for the U.S. government securities market, Agreement (‘‘SIFMA MRA’’) is available at http:// 2017, the Commission issued an order instituting while MBSD provides the same services for the U.S. www.sifma.org/services/standard-forms-and- proceedings to determine whether to approve or mortgage-backed securities market. Because GSD documentation/mra,-gmra,-msla-and-msftas/. The disapprove the Proposed Rule Change. See and MBSD are separate divisions of FICC, each SIFMA MRA would be incorporated by reference Securities Exchange Act Release No. 34–80812 division maintains its own rules, members, margin into the GSD Rules without referenced annexes, (May 30, 2017), 82 FR 25642 (June 2, 2017) (SR– from their respective members, Clearing Fund, and other than Annex VII (Transactions Involving FICC–2017–002). The order instituting proceedings liquid resources. Registered Investment Companies) which would be extended the Commission’s period to review the 7 See Notice, 82 at 13878. applicable to any Netting Member that is a Proposed Rule Change and re-opened the comment 8 GSD Rules, available at www.dtcc.com/legal/ registered investment company. FICC represents period until June 23, 2017. rules-and-procedures.aspx. that, at the time of filing the Advance Notice, there
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incorporated by reference into the GSD Affected Member would be obligated to Step 1: CCLF Sizing Rules as a master repurchase agreement enter into CCLF Transactions greater (A) Historical Cover 1 Liquidity between FICC as seller and each Netting than its Individual Total Amount. Requirement Member as buyer, with certain After receiving approval from FICC’s modifications as outlined in the GSD Board of Directors to do so, FICC would FICC’s historical liquidity need for the Rules (‘‘CCLF MRA’’). engage its investment advisor during a six-month look-back period would be To initiate CCLF Transactions with equal to the largest liquidity need non-defaulting Netting Members, FICC CCLF Event to minimize liquidation generated by an Affiliated Family would identify the non-defaulting losses on the Financed Securities during the preceding six-month period. Netting Members that are obligated to through hedging, strategic dispositions, The amount would be determined by deliver securities destined for the or other investment transactions as defaulting Netting Member (‘‘Direct determined by FICC under relevant calculating the largest sum of an Affected Members’’) and FICC’s cash market conditions. Once FICC liquidates Affiliated Family’s obligation to receive payment obligation to such Direct the underlying securities by selling GSD eligible securities plus the net Affected Members that FICC would them to a new buyer (‘‘Liquidating dollar amount of its Funds-Only 15 need to finance through CCLF to cover Trade’’), FICC would instruct the Settlement Amount (collectively, the the defaulting Netting Member’s failure Affected Member to close the CCLF ‘‘Historical Cover 1 Liquidity to deliver the cash payment (the Transaction by delivering the Financed Requirement’’). FICC believes that it is ‘‘Financing Amount’’). FICC would Securities to FICC in order to complete appropriate to calculate the Historical notify each Direct Affected Member of settlement of the Liquidating Trade. Cover 1 Liquidity Requirement in this manner because the default of such an the Direct Affected Member’s Financing FICC would attempt to unwind the Affiliated Family would generate the Amount and whether such Direct CCLF Transactions in the order it largest liquidity need for FICC.16 Affected Member should deliver to FICC entered into the Liquidating Trades. or suppress any securities that were Each CCLF Transaction would remain (B) Liquidity Buffer destined for the defaulting Netting open until the earlier of (i) such time Member. FICC would then initiate CCLF that FICC liquidates the Affected According to FICC, it is cognizant that Transactions with each Direct Affected the Historical Cover 1 Liquidity Member for the Direct Affected Member’s Financed Securities; (ii) such time that FICC obtains liquidity through Requirement would not account for Member’s purchase of the securities changes in a Netting Member’s current (‘‘Financed Securities’’) that were its available liquid resources; or (iii) 30 or 60 calendar days after entry into the trading behavior, which could result in destined for the defaulting Netting a liquidity need greater than the 11 CCLF Transaction for U.S. government Member. The aggregate purchase price Historical Cover 1 Liquidity bonds and mortgage-backed securities, of the CCLF Transactions with the Requirement. To account for this Direct Affected Member could equal but respectively. potential shortfall, FICC proposes to add never exceed the Direct Affected B. CCLF Sizing and Allocation a Liquidity Buffer as an additional Member’s maximum funding obligation amount to the Historical Cover 1 (‘‘Individual Total Amount’’).12 According to FICC, its overall If any Direct Affected Member’s Liquidity Requirement, which would liquidity need during a CCLF Event help to better anticipate GSD’s total Financing Amount exceeds its would be determined by the cash Individual Total Amount (‘‘Remaining liquidity need during a CCLF Event. settlement obligations presented by the Financing Amount’’), FICC would FICC states that the Liquidity Buffer default of a Netting Member and its advise the following categories of would initially be 20 percent of the Affiliated Family, as described below. Netting Members (collectively, Historical Cover 1 Liquidity An additional amount (‘‘Liquidity ‘‘Affected members’’) that FICC intends Requirement (and between 20 to 30 Buffer’’) would be added to account for to initiate CCLF Transactions with them percent thereafter), subject to a for the Remaining Financing Amount: both changes in Netting Members’ cash minimum amount of $15 billion.17 FICC (i) All other Direct Affected Members settlement obligations that may not be believes that 20 to 30 percent of the with a Financing Amount less than its observed during the six-month look- Historical Cover 1 Liquidity Individual Total Amount; and (ii) each back period during which CCLF would Requirement is appropriate based on its Netting Member that has not otherwise be sized, and the possibility that the analysis and statistical measurement of entered into CCLF Transactions with defaulting Netting Member is the largest the variance of its daily liquidity need FICC (‘‘Indirect Affected Members’’). CCLF contributor. FICC believes that its FICC states that the order in which proposal would allocate FICC’s 15 According to FICC, the Funds-Only Settlement FICC would enter into CCLF observed liquidity need during a CCLF Amount reflects the amount that FICC collects and Transactions for the Remaining Event among all Netting Members based passes to the contra-side once FICC marks the Financing Amount would be based on their historical settlement activity, securities in a Netting Member’s portfolio to the upon the Affected Members that have current market value. FICC states that this amount but states that Netting Members that is the difference between the contract value and the the most funding available within their present the highest cash settlement current market value of a Netting Member’s GSD 13 Individual Total Amounts. No obligations would be required to portfolio. FICC states that it would consider this maintain higher CCLF funding amount when calculating the Historical Cover 1 were no registered investment companies that are Liquidity Requirement because in the event that an 14 also GSD Netting Members. obligations. Affiliated Family defaults, the Funds-Only 11 FICC states that it would have the authority to The steps that FICC would take to size Settlement Amount would also reflect the cash initiate CCLF Transactions with respect to any obligation to non-defaulting Netting Members. See securities that are in the Direct Affected Member’s its overall liquidity need during a CCLF Notice, 82 at 13879. portfolio which are bound to the defaulting Netting event and then size and allocate each 16 Id. Member. Netting Member’s CCLF contribution 17 See Notice, 82 at 13879. For example, if the 12 The sizing of each Direct Affected Member’s requirement are described below. Historical Cover 1 Liquidity Requirement was $100 Individual Total Amount is described below in billion, the Liquidity Buffer initially would be $20 Section I.B. billion ($100 billion × 0.20), for a total of $120 13 See Notice, 82 at 13878. 14 Id. at 13878–79. billion in potential liquidity resources.
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throughout 2015 and 2016.18 FICC also the Aggregate Total Amount that should of the default of an Affiliated Family. believes that the $15 billion minimum be allocated among all Netting Members However, FICC also believes that, dollar amount is necessary to cover (‘‘Aggregate Regular Amount’’), which because FICC guarantees both sides of a changes in a Netting Member’s trading FICC states initially would be set at $15 GSD Transaction and all Netting activity that could exceed the amount billion.21 FICC believes that this amount Members benefit from FICC’s risk that is implied by such statistical is appropriate because the average mitigation practices, some portion of the measurement.19 Netting Member’s liquidity need from Aggregate Regular Amount should be FICC would have the discretion to 2015 to 2016 was approximately $7 allocated based on Netting Members’ adjust the Liquidity Buffer, within the billion, with a majority of Netting aggregate Deliver Obligations 26 as range of 20 to 30 percent of the Members having liquidity needs less well.27 As a result, FICC proposes to Historical Cover 1 Liquidity than $15 billion.22 Based on that allocate the Aggregate Regular Amount Requirement, based on its analysis of analysis, FICC believes that the $15 based on a scaling factor. Given that the the stability of the Historical Cover 1 billion Aggregate Regular Amount Aggregate Regular Amount would be Liquidity Requirement over various should capture the liquidity needs of a initially sized at $15 billion and would time horizons. According to FICC, this majority of the Netting Members.23 cover approximately 80 percent of would help ensure that its liquidity Second, as discussed in more detail Netting Members’ observed liquidity resources are sufficient under a wide below, after allocating the $15 billion needs, FICC proposes to set the scaling range of potential market scenarios that Aggregate Regular Amount, FICC would factor in the range of 65 to 85 percent may lead to a change in a Netting allocate the remainder of the Aggregate to the value of Netting Members’ Member’s trading behavior. FICC also Total Amount (‘‘Aggregate Receive Obligations, and in the range of states that it would analyze the trading Supplemental Amount’’) among Netting 15 to 35 percent to the value of Netting behavior of Netting Members that Members that incurred liquidity needs Members’ Deliver Obligations.28 present larger liquidity needs than the above the Aggregate Regular Amount FICC states that it would initially majority of the Netting Members, as within the six-month look-back period. assign a 20 percent weighting described below.20 For example, a Netting Member with a percentage to a Netting Member’s $7 billion peak daily liquidity need aggregate peak Deliver Obligations (C) Aggregate Total Amount would only contribute to the $15 billion (‘‘Deliver Scaling Factor’’) and the FICC’s anticipated total liquidity need Aggregate Regular Amount, based on the remaining percentage difference, 80 during a CCLF Event (i.e., the sum of the calculation described below. percent in this case, to a Netting Historical Cover 1 Liquidity Meanwhile, a Netting Member with a Member’s aggregate peak Receive Requirement plus the Liquidity Buffer) $45 billion Aggregate Regular Amount Obligations (‘‘Receive Scaling would be referred to as the ‘‘Aggregate would contribute towards the $15 Factor’’).29 FICC would have the Total Amount.’’ The Aggregate Total billion Aggregate Regular Amount and discretion to adjust these scaling factors Amount initially would be set to the the Aggregate Supplemental Amount, as based on a quarterly analysis that Historical Cover 1 Liquidity described below. FICC believes that this would, in part, assess Netting Members’ Requirement plus the greater of 20 tiered approach reflects a reasonable, observed liquidity needs that are at or percent of the Historical Cover 1 fair, and transparent balance between below $15 billion. FICC believes that Liquidity Requirement or $15 billion. FICC’s need for sufficient liquidity this assessment would help ensure that resources and the burdens of the the Aggregate Regular Amount would be Step 2: Allocation of the Aggregate Total funding obligations on each Netting appropriately allocated across all Amount Among Netting Members Member’s management of its own Netting Members.30 liquidity.24 (A) Allocation of the Aggregate Regular (B) FICC’s Allocation of the Aggregate Amount Among Netting Members Under the proposal, the Aggregate Regular Amount would be allocated Supplemental Amount Among Netting The Aggregate Total Amount would among all Netting Members, but Netting Members be allocated among Netting Members in Members with larger Receive The remainder of the Aggregate Total order to arrive at each Netting Member’s Obligations 25 would be required to Amount (i.e., the Aggregate Individual Total Amount. FICC would contribute a larger amount. FICC Supplemental Amount) would be take a tiered approach in its allocation believes that this approach is allocated among Netting Members that of the Aggregate Total Amount. First, appropriate because a defaulting Netting FICC would determine the portion of Member’s Receive Obligations are the 26 ‘‘Deliver Obligation’’ means a Netting primary cash settlement obligations that Member’s obligation to deliver eligible netting 18 securities to FICC at the appropriate settlement According to FICC, it uses a statistical FICC would have to satisfy as a result measurement called the ‘‘coefficient of variation,’’ value either in satisfaction of all or a part of a Net which is calculated as the standard deviation Short Position or to implement a collateral divided by the mean, to quantify the variance of 21 Id. substitution in connection with a Repo Transaction Affiliated Families’ daily liquidity needs. Id. FICC 22 According to FICC, from 2015 to 2016, 59 with a right of substitution. GSD Rules, supra note states that this is a typical approach used to percent of all Netting Members presented average 8. compare variability across different data sets. FICC liquidity needs between $0 to $5 billion, 78 percent 27 See Notice, 82 at 13880. states that it will use the coefficient of variation to of all Netting Members presented average liquidity 28 Id. set the Liquidity Buffer by quantifying the variance needs between $0 and $10 billion, and 85 percent 29 For example, assume that a Netting Member’s of each Affiliated Family’s daily liquidity need. Id. of all Netting Members presented average liquidity peak Receive and Deliver Obligations represent 5 FICC believes that a Liquidity Buffer of 20 to 30 needs between $0 and $15 billion. Id. and 3 percent, respectively, of the sum of all percent, subject to a minimum of $15 billion, would 23 Id. Netting Members’ peak Receive and Deliver be an appropriate Liquidity Buffer because FICC 24 Id. Obligations. The Netting Member’s portion of the found that, throughout 2015 and 2016, the 25 ‘‘Receive Obligation’’ means a Netting Aggregate Regular Amount (‘‘Individual Regular coefficient of variation ranged from an average of Member’s obligation to receive eligible netting Amount’’) would be $600 million ($15 billion * 15 to 19 percent for Affiliated Families with securities from FICC at the appropriate settlement 0.80 Receive Scaling Factor * 0.05 Peak Receive liquidity needs above $50 billion, and an average value, either in satisfaction of all or a part of a Net Obligation Percentage), plus $90 million ($15 of 18 to 21 percent for Affiliated Families with Long Position, or to implement a collateral billion * 0.20 Deliver Scaling Factor * 0.03 Peak liquidity needs above $35 billion. Id. substitution in connection with a Repo Transaction Deliver Obligation Percentage), for a total of $690 19 Id. with a right of substitution. GSD Rules, supra note million. 20 Id. 8. 30 See Notice, 82 at 13882.
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present liquidity needs greater than $15 • the increments for the Liquidity Member or otherwise in form and billion using Liquidity Tiers. As Tiers; and substance satisfactory to FICC, would described in greater detail in the Notice, • the length of the look-back period certify that (i) such officer has read and the specific allocation of the Aggregate and the reset period for the Aggregate understands the GSD Rules, including Supplemental Amount to each Liquidity Total Amount.34 the CCLF rules; (ii) the Netting Tier would be based on the frequency FICC represents that, in the event that Member’s Individual Total Amount has that Netting Members generated any changes to the above-referenced been incorporated into the Netting liquidity needs within each Liquidity parameters result in an increase in a Member’s liquidity planning; 39 (iii) the Tier, relative to the other Liquidity Netting Member’s Individual Total Netting Member acknowledges and Tiers.31 More specifically, once the Amount, such increase would be agrees that its Individual Total Amount Aggregate Supplemental Amount is effective as of the next bi-annual reset.35 may be changed at the conclusion of any divided among the Liquidity Tiers, the Additionally, on a daily basis, FICC reset period or otherwise upon ten amount within each Liquidity Tier would examine the Aggregate Total business days’ Notice; (iv) the Netting would be allocated among the Amount to ensure that it is sufficient to Member will incorporate any changes to applicable Netting Members, based on satisfy FICC’s liquidity needs. If FICC its Individual Total Amount into its the relative frequency that a Netting determines that the Aggregate Total liquidity planning; and (v) the Netting Member generated liquidity needs Amount is insufficient to satisfy its Member will continually reassess its within each Liquidity Tier.32 FICC liquidity needs, FICC would have the liquidity plans and related operational explains that this allocation would discretion to change the length of the plans, including in the event of any result in a larger proportion of the six-month look-back period, the reset changes to such Netting Member’s Aggregate Supplemental Amount being period, or otherwise increase the Individual Total Amount, to ensure borne by those Netting Members who Aggregate Total Amount. such Netting Member’s ability to meet present the highest liquidity needs.33 Any increase in the Aggregate Total its Individual Total Amount. FICC states The sum of a Netting Member’s Amount resulting from FICC’s quarterly that it may require any Netting Member allocation across all Liquidity Tiers assessments or FICC’s daily monitoring to provide FICC with a new certification would be such Netting Member’s would be subject to approval from FICC in the foregoing form at any time, Individual Supplemental Amount. FICC management, as described in the including upon a change to a Netting would add each Netting Member’s Notice.36 Increases to a Netting Member’s Individual Total Amount or Individual Supplemental Amount (if Member’s Individual Total Amount as a in the event that a Netting Member any) to its Individual Regular Amount to result of its daily monitoring would not undergoes a change in its corporate arrive at such Netting Member’s be effective until ten business days after structure.40 Individual Total Amount. FICC issues an Important Notice On a quarterly basis, FICC would regarding the increase. Reductions to conduct due diligence to assess each C. FICC’s Ongoing Assessment of the the Aggregate Total Amount would be Netting Member’s ability to meet its Sufficiency of CCLF reflected at the conclusion of the reset Individual Total Amount. This due As described above, the Aggregate period. diligence would include a review of all Total Amount and each Netting information that the Netting Member D. Implementation of the Proposed Member’s Individual Total Amount (i.e., has provided FICC in connection with Changes and Required Attestation From each Netting Member’s allocation of the its ongoing reporting obligations Each Netting Member Aggregate Total Amount) would pursuant to the GSD Rules and a review initially be calculated using a six-month The CCLF proposal would become of other publicly available information. look-back period that FICC would reset operative 12 months after the later date FICC also would test its operational every six months (‘‘reset period’’). FICC of the Commission’s no objection of this procedures for invoking a CCLF Event, states that, on a quarterly basis, FICC Advance Notice and its approval of the and Netting Members would be required would assess the following parameters related Proposed Rule Change. FICC to participate in such tests. If a Netting used to calculate the Aggregate Total represents that, during this 12-month Member failed to participate in such Amount (and could consider changes to period, it would periodically provide testing when required by FICC, FICC such parameters if necessary and each Netting Member with estimated would be permitted to take disciplinary appropriate): Individual Total Amounts. FICC states measures as set forth in GSD Rule 3, • The largest peak daily liquidity of that the delayed implementation and Section 7.41 an Affiliated Family; the estimated Individual Total Amounts • the Liquidity Buffer; are designed to give Netting Members E. Liquidity Funding Reports Provided • the Aggregate Regular Amount; to Netting Members • the opportunity to assess the impact that the Aggregate Supplemental the CCLF proposal would have on their On each business day, FICC would Amount; 37 • business profile. make a liquidity funding report the Deliver Scaling Factor and the FICC states that, as of the available to each Netting Member that Receive Scaling Factor used to allocate implementation date and annually would include (i) the Netting Member’s the Aggregate Regular Amount; thereafter, FICC would require that each Individual Total Amount, Individual Netting Member attest that it Regular Amount and, if applicable, its 31 See Notice, 82 at 13880–81. incorporated its Individual Total Individual Supplemental Amount; (ii) 32 For example, if the Aggregate Supplemental 38 Amount is $50 billion and Tier 1 has a relative Amount into its liquidity plans. This frequency weighting of 33 percent, all Netting required attestation, which would be 39 According to FICC, the attestation would not Members that have generated liquidity needs that from an authorized officer of the Netting refer to the actual dollar amount that has been fall within Tier 1 would collectively fund $16.5 allocated as the Individual Total Amount. FICC billion ($50 billion * 0.33) of the Supplemental explains that each Netting Member’s Individual 34 Amount. Each Netting Member in that tier would See Notice, 82 at 13881. Total Amount would be made available to such be responsible for contributing toward the $16.5 35 See Notice, 82 at 13881–82. Member via GSD’s access controlled portal Web billion, based on the relative frequency that the 36 Id. at 13882. site. Id. member generated liquidity needs within that tier. 37 See Notice, 82 at 13883. 40 Id. 33 See Notice, 82 at 13882. 38 See Notice, 82 at 13882. 41 GSD Rules, supra note 8.
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FICC’s Aggregate Total Amount, reduced overall population of Netting participant family to which FICC has Aggregate Regular Amount and Members following the implementation exposure in ‘‘extreme but plausible Aggregate Supplemental Amount; and of the CCLF; and (3) increasing systemic conditions,’’ 48 Ronin and the ICBC (iii) FICC’s regulatory liquidity risk because of the increased exposure letter argue that the scenario that CCLF requirements as of the prior business and concentration risks described is designed to address is not ‘‘plausible’’ day. The liquidity funding report would above.45 because U.S. government securities are be provided for informational purposes Similarly, Ronin and the ICBC Letter riskless assets that would not suffer only. argue that the proposal would result in from a liquidity shortage, even amidst a harmful consequences to smaller financial crisis similar to that in 2008.49 II. Summary of Comments Received Netting Members and other industry Moreover, the ICBC Letter argues that The Commission received four participants.46 Specifically, the ICBC the CCLF is unnecessary because FICC’s comment letters in response to the Letter argues that the Proposal could current risk models are ‘‘time proposal. Three comment letters—Ronin force smaller Netting Members to exit proven.’’ 50 Finally, Ronin argues that if Letters I and II and the ICBC Letter— the clearing business or terminate their FICC were truly interested in mitigating objected to the proposal.42 One membership with FICC due to the cost liquidity risk, a hard cap could be comment letter from FICC responded to of CCLF funding obligations, thereby: placed on the maximum liquidity the objections raised by Ronin.43 (1) Increasing market concentration; (2) exposure allowable for each Netting 51 A. Objecting Comments increasing FICC’s credit exposure to its Member. largest participant families; and (3) Ronin and the ICBC Letter also raise In both of its comment letters, Ronin driving smaller Netting Members to potential systemic risk concerns by argues that the cost of complying with clear transactions bilaterally instead of stating that the CCLF could: (1) Cause the CCLF could impose a through a central counterparty.47 FICC members to reduce their balance disproportionately negative economic Although Ronin and the ICBC Letter sheets devoted to the U.S. government impact on smaller Netting Members, acknowledges that FICC, as a registered securities markets, which would have which could potentially force smaller clearing agency, is required to maintain broad negative effects on markets and Netting Members to clear through larger sufficient financial resources to taxpayers; 52 (2) negatively impact Netting Members or leave GSD (as well withstand a default by the largest traders with hedged positions, as create a barrier to entry for potentially resulting in inefficient 44 prospective new Netting Members). 45 Ronin Letter I at 1–9; Ronin Letter II at 1–5. pricing and an increased likelihood of Ronin argues that a reduced Netting Ronin also argues that the Proposed Rule Change disruptions in the U.S. government Member population resulting from these would place an unfair and anticompetitive burden securities markets.53 The ICBC Letter increased costs could, in turn, lead to on smaller Netting Members and such members do not present any settlement risk to FICC. Ronin raises additional systemic risk concerns, larger problems, such as: (1) Increasing Letter I at 2, 5–7; Ronin Letter II at 1–5. Regarding stating that CCLF could: (1) Result in the size of FICC’s exposure to those burden, Ronin argues that the cost of obtaining the FICC’s refusal to clear certain trades, Netting Members that generate the resources necessary to meet FICC’s CCLF thereby increasing the burden on the largest liquidity needs for FICC (because contribution requirements could force some smaller non-bank Netting Members to leave GSD or reduce Bank of New York (‘‘BONY’’), the only some of the departed Netting Members the amount of U.S. Treasury securities transactions private bank that clears a large portion could become customers of, and clear they clear through FICC. Ronin Letter I at 2, 5–7; of U.S. government securities; 54 and (2) their transactions through, such Ronin Letter II at 3–4. Moreover, Ronin suggests effectively drain liquidity from other remaining Netting Members); (2) that the proposal is unfair because the default of a smaller Netting Member (whose liquidity needs are markets by requiring more liquidity to increasing Netting Member 55 covered by the liquidity available to FICC in the be available to FICC than is necessary. concentration risk at FICC due to the GSD clearing fund) would not present settlement risk to FICC. Specifically, Ronin notes that, for the B. Supporting Comment 42 See Ronin Letter I, Ronin Letter II, and ICBC period of March 31, 2016 to March 31, 2017, the The FICC Letter written in support of Letter. peak liquidity need of 53 of the 103 GSD Netting the proposal primarily responds to 43 See FICC Letter. The Ronin Letter II and the Members did not exceed the amount of cash in the ICBC Letter (with Ronin as a co-signatory) raised GSD clearing fund. Ronin Letter II at 3. In addition, Ronin’s assertions. In response to the same substantive issues as the Ronin Letter I. Ronin argues that the CCLF would impose an unfair Ronin’s concerns regarding the potential Accordingly, the Commission considers the FICC burden by forcing smaller Netting Members to economic impacts on smaller non-bank Letter to be responsive to the Ronin Letters I and subsidize the ‘‘outsized liquidity risks’’ posed by Netting Members, FICC states that the the largest Netting Members. Ronin Letter I at 2; II and the ICBC Letter. CCLF was designed to minimize the 44 Ronin Letter I at 2; Ronin Letter II at 1–5. For Ronin Letter II at 2–3. example, Ronin notes that it would have to pay for These issues are relevant to the Commission’s burden on smaller Netting Members and access to a committed line of credit each year to review and evaluation of the Proposed Rule Change, achieve a fair and appropriate allocation have sufficient resources to attest that it can meet which is conducted under the Exchange Act, but of liquidity burdens.56 Specifically, its CCLF contribution requirement. Ronin Letter I not to the Commission’s evaluation of the Advance FICC notes that it structured the CCLF at 5; Ronin Letter II at 3. Ronin asserts that Notice, which, as discussed below in Section III, is obtaining such a line of credit is not only conducted under the Clearing Supervision Act and so that: (1) Each Netting Member’s CCLF ‘‘economically disadvantageous’’ but also ‘‘creates a generally considers whether the proposal will requirement would be a function of the dependency on an external entity which could mitigate systemic risk and promote financial peak liquidity risk that each Netting prove to be an existential threat’’ (i.e., the inability stability. Accordingly, these concerns will be Member’s activity presents to GSD; (2) addressed in the Commission’s review of the related of non-bank Netting Members to secure a the allocation of the CCLF requirement committed line of credit at a reasonable rate could Proposed Rule Change, as applicable, under the cause such members to exit FICC). Ronin Letter II Exchange Act. to each Netting Member would be a at 3 . In contrast, Ronin suggests that larger Netting 46 Ronin Letter II at 4–5; ICBC Letter at 2–7. Members with access to the Federal Reserve 47 Ronin Letter II at 4–5; ICBC Letter at 2–6. Like 48 Ronin Letter II at 4–5; ICBC Letter at 1–2. Discount Window (and resulting ability to easily Ronin, the ICBC Letter also argues that increased 49 Ronin Letter II at 4–5; ICBC Letter at 3. borrow funds using U.S. government debt as costs to Netting Members from the CCLF could 50 ICBC Letter at 3. collateral) would not necessarily have to pay for inhibit competition by forcing smaller Netting 51 Ronin Letter II at 4. such credit lines and could merely inform FICC that Members to exit the clearing business or terminate 52 Id. at 1, 4; Ronin Letter II at 3. they are ‘‘good for [the CCLF contribution their membership with FICC. ICBC Letter at 2–4. As 53 requirement].’’ Ronin Letter I at 5. Ronin argues that discussed above, see supra note 19, this concern ICBC Letter at 4. FICC has ‘‘failed to recognize this differential will be addressed in the Commission’s review of the 54 Id. at 2, 5. impact as a threat to GSD member diversity.’’ Ronin related Proposed Rule Change, as applicable under 55 Id. at 5; Ronin Letter II at 4. Letter II at 3. the Exchange Act. 56 FICC Letter at 3–4.
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‘‘fraction’’ of the Netting Member’s peak patterns to identify opportunities to Clearing Supervision Act and Rule liquidity exposure that it presents to reduce their CCLF requirements.63 17Ad–22.71 GSD; 57 and (3) the proposal would According to FICC, the test resulted in A. Consistency With Section 805(b) of fairly allocate higher CCLF requirements an approximate $5 billion reduction in the Clearing Supervision Act to Netting Members that generate higher GSD’s peak Historical Cover 1 Liquidity liquidity needs.58 FICC further notes Requirement, highlighting that growth The Commission believes that the that, since CCLF contributions would be of the Historical Cover 1 Liquidity changes proposed in the Advance a function of the peak liquidity Requirement could be limited under the Notice are consistent with the objectives exposure that each Netting Member proposal.64 and principles described in Section presents to FICC, each Netting Member 805(b) of the Clearing Supervision would be able to reduce its CCLF III. Discussion and Commission Act.72 Specifically, the Commission contribution by altering its trading Findings believes that the proposal is designed to activity.59 Although the Clearing Supervision promote robust risk management by In response to Ronin’s assertion that Act does not specify a standard of reducing the risk that FICC could not the CCLF could promote concentration review for an advance notice, its stated meet its cash settlement obligations to and systemic risk, FICC argues that the purpose is instructive: to mitigate non-defaulting Netting Members during proposal would actually reduce systemic risk in the financial system a default. As described above, the CCLF systemic risk. FICC notes that it plays a and promote financial stability by, would be designed to provide sufficient critical role for the clearance and among other things, promoting uniform liquidity to cover the peak cash settlement of securities transactions in risk management standards for settlement obligations of the family of the U.S., and, in that role, it assumes systemically important financial market affiliated Netting Members that would risk by guaranteeing the settlement of utilities (‘‘FMUs’’) and strengthening the generate the highest liquidity need for the transactions it clears.60 By providing liquidity of systemically important FICC. It also would include an FICC with committed liquidity to meet FMUs.65 Section 805(a)(2) of the additional Liquidity Buffer to account its cash settlement obligations to non- Clearing Supervision Act 66 authorizes for unexpected trading behavior that defaulting members during extreme the Commission to prescribe risk could increase GSD’s Historical Cover 1 market stress, FICC asserts that the management standards for the payment, Liquidity Requirement or a situation in CCLF would promote settlement finality clearing, and settlement activities of which a Netting Member with a large to all Netting Members, regardless of designated clearing entities and CCLF contribution defaults and cannot size, and the safety and soundness of financial institutions engaged in meet its CCLF requirement. the securities settlement system, thereby designated activities for which it is the The Commission also believes that the reducing systemic risk.61 supervisory agency or the appropriate proposal is designed to reduce systemic Finally, in response to Ronin’s financial regulator. Section 805(b) of the risk and support the stability of the concern that the CCLF could cause Clearing Supervision Act 67 states that broader financial system. As FICC FICC’s liquidity needs to grow, FICC the objectives and principles for the risk noted, the CCLF is expected to promote notes that in its outreach to Netting management standards prescribed under settlement finality, as well as safety and Members over the past two years, Section 805(a) shall be to: soundness of the securities settlement bilateral meetings with individual • promote robust risk management; system, by providing FICC with needed Netting Members, and testing designed • promote safety and soundness; liquidity in the event that it experiences to evaluate the impact that changes to a • reduce systemic risks; and severe liquidity pressure from a Netting Netting Member’s trading behavior • support the stability of the broader Member default and by mitigating the could have on the Historical Cover 1 financial system. risk that reverse repo participants do not Liquidity Requirement, FICC has found The Commission has adopted risk receive their cash back in the event of opportunities for Netting Members to management standards under Section a default of a Netting Member (who, reduce their CCLF requirements and, as 805(a)(2) of the Clearing Supervision during the normal course of business, a result, decrease the Historical Cover 1 Act 68 and Section 17A of the Exchange would be obligated to supply such Liquidity Requirement.62 Specifically, 73 Act (‘‘Rule 17Ad–22’’).69 Rule 17Ad–22 cash). Given FICC’s importance to the FICC notes that during its test period, 74 requires registered clearing agencies to financial system, the Commission which spanned from December 1, 2016 establish, implement, maintain, and believes that FICC’s ability to settle GSD to January 31, 2017, 35 participating enforce written policies and procedures transactions during such an event could Netting Members voluntarily adjusted that are reasonably designed to meet contribute to reducing systemic risks their settlement behavior and settlement certain minimum requirements for their and supporting the stability of the broader financial system. The 57 Id. at 3. FICC notes that, on average, a Netting operations and risk management 70 Commission also believes that the CCLF Member’s CCLF requirement would be less than 2.5 practices on an ongoing basis. percent of their respective peak liquidity need, with Therefore, it is appropriate for the could support the stability of the the smallest Netting Members having a CCLF Commission to review changes broader financial system by providing contribution requirement of approximately 1.5 proposed in advance notices against Netting Members with a pre-determined percent of their peak liquidity need. Id. at 4–5. and capped potential CCLF 58 Id. at 3–4. FICC notes that the Aggregate both the objectives and principles of Regular Amount (proposed to be sized at $15 these risk management standards, as contribution, which could allow Netting billion) would be applied to all Netting Members described in Section 805(b) of the Members to better measure, manage, on a pro-rata basis, while the Aggregate and control their exposures to FICC. Supplemental Amount, which would make up 63 As noted above, both Ronin and the approximately 80 percent of the Aggregate Total Id. at 9–10. 64 ICBC Letter express a concern that the Amount, would only apply to the Netting Members Id. generating the largest liquidity needs (i.e., in excess 65 See 12 U.S.C. 5461(b). increased costs associated with the of $15 billion). Id. at 4. 66 12 U.S.C. 5464(a)(2). 59 Id. at 3, 7. 67 12 U.S.C. 5464(b). 71 12 U.S.C. 5464(b). 60 Id. at 7–8. 68 12 U.S.C. 5464(a)(2). 72 Id. 61 Id. 69 See 17 CFR 240.17Ad–22. 73 See FICC Letter at 7–8. 62 Id. at 8–9. 70 Id. 74 See 12 U.S.C. 5463.
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CCLF could potentially force some However, neither Ronin nor the ICBC need to maintain multiple risk Netting Members to leave FICC. These Letter explain why this outcome is more management and operational commenters argue that a reduced likely than alternative outcomes, such relationships with a multitude of Netting Member population resulting as departing Netting Members counterparties), when moving to from these increased costs could, in distributing their activity across the bilateral repo transactions, to avoid turn, lead to larger problems, such as: breadth of remaining Netting Members incurring the cost of committing to (1) Increasing the size of FICC’s that present both large and small provide liquidity to FICC under the exposure to those Netting Members that liquidity demands for FICC. For FICC’s CCLF. The ICBC Letter provides no data generate the largest liquidity needs for Cover 1 Liquidity Requirement to have or evidence to suggest that bilateral FICC (because some of the departed increased under such a scenario, not clearing would ultimately prove more Netting Members could become only would a departed Netting Member attractive to firms than central clearing customers of, and clear their need to have cleared through the at FICC, after accounting for the benefits transactions through, such remaining remaining Netting Member that of central clearing, even if the CCLF is Netting Members); (2) increasing Netting generated FICC’s Cover 1 Liquidity implemented. Accordingly, the Member concentration risk at FICC due Requirement, but it also would need to Commission is not persuaded that the to the reduced overall population of have contributed to that Netting proposal is inconsistent with Section Netting Members following the Member having generated FICC’s Cover 805(b) of the Clearing Supervision Act. implementation of the CCLF; and (3) 1 Liquidity Requirement. Separately, the Commission also increasing systemic risk because of the The Commission notes that even notes, as it understands from the increased exposure and concentration granting the underlying assumptions proposal and the FICC Letter, that the risks described above. implied by Ronin and the ICBC Letter, CCLF would require each Netting In addition, Ronin and the ICBC the extent to which increases in the Member to contribute to the CCLF only Letter state their view that the expected largest liquidity demands for FICC a ‘‘fraction’’ of the peak liquidity costs of the CCLF could discourage would implicate systemic risk concerns exposure that they present to GSD.77 market participants from centrally could be mitigated by features of the Moreover, FICC has taken steps to clearing their repo transactions through CCLF. As the Commission understands enable all Netting Members to manage FICC, encouraging them to execute and from the proposal and the FICC Letter, their commitments under the CCLF. For manage their repo activity in the the amount of committed resources example, by establishing Netting bilateral market instead of through a available under CCLF would, by design, Members’ Individual Total Amounts central counterparty. The ICBC Letter support FICC’s ability to meet liquidity through a tiered and proportionate similarly argues that increased costs, obligations in the event of a default of approach, most Netting Members 78 due to the CCLF, for traders with the participant family that would would likely only be required to hedged positions could cause such generate the largest aggregate payment contribute their respective pro-rata traders to reduce market activity, which obligation.75 In other words, the amount amounts towards the first $15 billion of could lead to reduced liquidity, of liquidity resources available to FICC the Aggregate Total Amount. Also, the inefficient pricing, and an increased under the CCLF would be scaled to proposal would not require Netting likelihood of disruptions in the U.S. FICC’s largest liquidity demand, so that Members to hold or provide to FICC government securities markets. even if there were increased their CCLF contribution (i.e., their The Commission notes that the concentration and higher liquidity Individual Total Amount) prior to a concerns expressed above by Ronin and demands, the CCLF would continue to CCLF Event.79 Rather, the proposal the ICBC Letter are based upon a mitigate liquidity risks associated with would require Netting Members to attest number of implicit but also specific the default of the participant or to their ability to meet their CCLF assumptions. As discussed immediately participant family that presented the requirement should FICC declare a below, the Commission does not believe largest liquidity need. CCLF event. Although Netting Members that the basis for these assumptions is Second, the stated concerns regarding may incur some costs in securing their clear and, therefore, the Commission is incentives for market participants to CCLF resources, the Commission not persuaded that the proposal is choose not to centrally clear their repo believes, in light of the benefits that inconsistent with Section 805(b) of the transactions through FICC and, instead, would arise from implementing the Clearing Supervision Act. execute and manage their repo activity CCLF, that those additional costs do not First, the magnitude of the stated in the bilateral market are based upon cause the proposal to be inconsistent concerns regarding potential reductions certain assumptions regarding how with Section 805(b) of the Clearing in GSD’s Netting Member population, market participants would consider the Supervision Act. with resultant increases in liquidity relative costs and benefits of engaging in The ICBC Letter also raises the demands for FICC, concentration risk, cleared repo transactions at FICC versus concern that the CCLF could transfer and systemic risk are based upon certain bilateral repo transactions. For example, risk from FICC to BONY, the only assumptions regarding how existing the ICBC Letter argues that moving to private bank that acts as a tri-party Netting Members may participate in the bilateral repo transactions would be custodian to a large portion of U.S. cleared repo market following somewhat less efficient than continuing government securities, if FICC chooses implementation of the CCLF. For to clear repo transactions at FICC, but to limit its risk by refusing to clear example, the concern that the most that it would be materially less trades following a default. The significant liquidity demands generated expensive.76 However, this conclusion Commission notes, however, that, as by particular Netting Members could assumes that market participants would increase because of the CCLF is based be willing to forgo certain benefits of 77 FICC Letter at 3. upon an assumption that departing FICC’s central clearing process (e.g., 78 As noted above, from 2015 to 2016, FICC Netting Members would choose to centralized netting, reduction of observed that 85 percent of Netting Members had become customers of, and clear their exposures, and the elimination of the liquidity needs of $15 billion or less. 79 As Ronin notes, a Netting Member could pay repo transactions through, the for access to a committed line of credit to have remaining Netting Members that present 75 FICC Letter at 4. sufficient resources to attest that it can meet its the largest liquidity demands for FICC. 76 ICBC Letter at 3. CCLF contribution requirement. Ronin Letter at 5.
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proposed, the CCLF does not default of the participant family that qualifying liquid resources to settle the contemplate the refusal to clear trades would generate the largest aggregate cash obligations of the GSD participant following the default of a Netting payment obligation for the covered family that would generate the largest Member, nor does FICC impose trading clearing agency in extreme but plausible liquidity need in extreme but plausible limits on Netting Members.80 Instead, market conditions.82 As described market conditions, consistent with Rule the CCLF is designed to provide above, the CCLF would be a rules-based, 17Ad–22(e)(7)(i). additional liquidity resources as FICC’s committed repo facility, designed to Rule 17Ad–22(e)(7)(ii) under the liquidity needs increase, so that FICC provide FICC with a liquidity resource Exchange Act requires policies and can meet its settlement obligations and in the event that FICC’s other liquidity procedures for holding qualifying liquid continue its clearance and settlement resources prove insufficient during a resources sufficient to satisfy payment operations. In addition, the Commission Netting Member default. Moreover, the obligations owed to clearing members.83 notes that the ICBC Letter’s concern CCLF would be sized to meet GSD’s Rule 17Ad–22(a)(14) of the Exchange regarding transferred risk to BONY is peak liquidity need during the prior six Act defines ‘‘qualifying liquid based upon the assumption that the months, plus an additional Liquidity resources’’ to include, among other proposal could encourage market Buffer. things, committed repo agreements participants to move their repo The ICBC Letter argues, as without material adverse change transactions away from central clearing summarized above, that FICC’s current provisions, that are readily available through FICC to the bilateral repo risk models are ‘‘time proven’’ and the and convertible into cash.84 As market. As already discussed above, the scenario the CCLF is intended to described above, the proposed CCLF is Commission does not believe the basis address (i.e., an inability to access designed to provide FICC with a for this assumption is clear. liquidity via the U.S. government committed repo facility to help ensure For these reasons, the Commission securities repo market) is implausible. that FICC has sufficient, readily- believes that the proposal is consistent To support this position, the ICBC Letter available liquid resources to meet the with Section 805(b) of the Clearing cites to the 2008 financial crisis, in cash settlement obligations of the family Supervision Act. which the repo market continued to of affiliated Netting Members generating function. Ronin also notes that, for the the largest liquidity need. Therefore, the B. Consistency With Exchange Act Rule period of March 31, 2016 to March 31, 17Ad–22 Commission believes that the proposal 2017, the peak liquidity need of 53 of is consistent with Rule 17Ad– The Commission believes that the the 103 GSD Netting Members did not 22(e)(7)(ii). proposed changes associated with the exceed the amount of cash in the GSD Rule 17Ad–22(e)(7)(iv) under the CCLF are consistent with the clearing fund. In response, the Exchange Act requires policies and requirements of Rule 17Ad–22(e)(7) Commission first notes that the 2008 procedures for undertaking due under the Exchange Act, which requires financial crisis did not entail a default diligence to confirm that FICC has a FICC to establish, implement, maintain, by a Netting Member that generated the reasonable basis to believe each of its and enforce written policies and largest liquidity demand on FICC and, liquidity providers, whether or not such procedures reasonably designed to therefore, the comparison that the ICBC liquidity provider is a clearing member, effectively measure, monitor, and Letter seeks to draw with the proposal has: (a) Sufficient information to manage liquidity risk that arises in or is is not clearly applicable. In addition, the understand and manage the liquidity borne by FICC, including measuring, Commission believes that extreme but provider’s liquidity risks; and (b) the monitoring, and managing its settlement plausible scenarios are not necessarily capacity to perform as required under and funding flows on an ongoing and limited to only those events that have its commitments to provide liquidity.85 timely basis, and its use of intraday actually happened in the past, but could As described above in Section II.D.3, liquidity.81 also include events that could FICC would require GSD Netting Specifically, Rule 17Ad–22(e)(7)(i) potentially occur in the future. Members to attest that they have requires policies and procedures for Moreover, the Commission notes that accounted for their potential Individual maintaining sufficient liquid resources the ‘‘time proven’’ FICC risk models Total Amount, and FICC has had to effect same-day settlement of highlighted in the ICBC Letter are risk discussions with Netting Members payment obligations in the event of a models that relate to market risk, regarding ways Netting Members, whereas the CCLF is designed to regardless of size or access to bank 80 The Commission also notes that Ronin, in the address liquidity risk—a separate 86 Ronin Letter II, recommended that, as an alternative affiliates, can meet this requirement. approach to the CCLF, FICC could impose a hard category of risk. Similarly, in response Moreover, FICC proposes to conduct cap on the maximum liquidity exposure allowable to Ronin’s claim regarding the due diligence on a quarterly basis to for each Netting Member. As an initial matter, the sufficiency of the cash component to the assess each Netting Member’s ability to Commission notes that this comment suggests an GSD clearing fund to cover the peak approach not provided for in the proposal meet its Individual Total Amount. submitted to the Commission. In addition, the liquidity need of 53 of 103 GSD Netting According to FICC, this due diligence Commission notes that the commenter has not Members over the given period, the would include a review of all explained or demonstrated how the absence of a Commission notes that the GSD clearing information that the Netting Member hard cap would cause the proposal to be fund is calculated and collected to inconsistent with the Clearing Supervision Act. provided FICC in connection with its 81 17 CFR 240.17Ad–22(e)(7). Although the address market risk, not liquidity risk. ongoing reporting requirements, as well commenters discuss the proposal in the context of The Commission also notes that the as a review of other publicly available Rule 17Ad–22(b)(3), the Commission has analyzed composition of the clearing fund, information. the proposal under Rule 17Ad–22(e)(7). As noted in including the cash component, varies the Commission’s adoption of Rule 17Ad–22(e), Ronin’s assertion that certain Netting while Rule 17Ad–22(e) may overlap with some over time. Thus, the Commission Members could merely submit an requirements in Rule 17Ad–22(b), it is not believes that the proposal is reasonably attestation declaring that they ‘‘are good inconsistent with Rule 17Ad–22(b) and, as a general designed to help FICC effectively matter, includes requirements intended to measure, monitor, and manage liquidity 83 supplement the more general requirements in Rule 17 CFR 240.17Ad–22(e)(7)(ii). 17Ad–22(b). See Securities Exchange Act Release risk by helping FICC maintain sufficient 84 17 CFR 240.17Ad–22(a)(14). No. 78961 (September 28, 2016), 81 FR 70786 85 17 CFR 240.17Ad–22(e)(7)(iv). (October 13, 2016). 82 17 CFR 240.17Ad–22(e)(7)(i). 86 See FICC Letter at 9.
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for’’ their CCLF contribution 87 fails to pursuant to Section 19(b)(1) of the approach to calculating the short account for the fact that the proposal Securities Exchange Act of 1934 charge.6 Consequently, the short charge also requires FICC to conduct its own (‘‘Act’’) 1 and Rule 19b-4 thereunder,2 a under the proposed rule change would due diligence. Specifically, FICC would proposed rule change (SR–LCH SA– be the greater of (1) the ‘‘Global Short confirm that Netting Members have 2017–005) to amend LCH SA’s CDS Charge,’’ as described above, and (2) a sufficient information to understand Margin Framework and CDSClear ‘‘High Yield Short Charge,’’ calculated and manage their liquidity risks and to Default Fund Methodology in order to from a member’s top net short exposure meet its commitments to provide permit LCH SA to clear CDS contracts (with respect to high yield CDS) and its liquidity. Therefore, the Commission on the CDX.NA.HY index. On May 5, top two net short exposures among the believes that the proposal is consistent 2017, LCH SA filed Amendment No. 1.3 three ‘‘riskiest’’ reference entities in the with Rule 17Ad–22(e)(7)(iv). The proposed rule change was high yield category in the Clearing Finally, Rule 17Ad–22(e)(7)(v) under published in the Federal Register on Member’s portfolio.7 the Exchange Act requires policies and May 17, 2017.4 The Commission LCH SA also proposed to make procedures for maintaining and testing received no comment letters regarding certain conforming changes throughout with each liquidity provider, to the the proposed change. For the reasons Section 4.1.1 of the CDS Margin extent practicable, FICC’s procedures discussed below, the Commission is Framework, which describes the ‘‘net and operational capacity for accessing approving the proposed rule change. short exposure’’ calculation, to refer to its relevant liquid resources. As CDX.NA.HY contracts, as well as to described above, under the proposal, II. Description of the Proposed Rule clarify that in order to calculate margin FICC would test its operational Change in Euros, all US dollar denominated procedures for invoking a CCLF Event LCH SA has proposed various variables are converted to Euros and require Netting Members to changes to its CDS Margin Framework utilizing the current USD/Euro foreign participate in such tests. Therefore, the and CDSClear Default Fund exchange rate and calibrated haircut Commission believes that the proposal Methodology for the purpose of based upon historical data. is consistent with Rule 17Ad– permitting LCH SA to clear CDS Furthermore, LCH SA proposed 22(e)(7)(v). contracts on the CDX.NA.HY index. conforming changes to Section 4.1.2 of the CDS Margin Framework, which IV. Conclusion A. Changes to CDS Margin Framework describes the ‘‘top exposure’’ It is therefore noticed, pursuant to With respect to the CDS Margin component of the short charge and Section 806(e)(1)(I) of the Clearing Framework, LCH SA proposed to amend Section 4.1.3 of the CDS Margin Supervision Act,88 that the Commission the short charge component of its Framework, which describes the process DOES NOT OBJECT to advance notice margin methodology to provide a by which LCH SA identifies the SR–FICC–2017–802 and that FICC description of the purpose of the short ‘‘riskiest’’ entities (of any type) in hereby is AUTHORIZED to implement charge, noting that it is intended to determining the short charge, to the change as of the date of this notice account for the probability of a credit incorporate terms for CDX.NA.HY index or the date of an order by the event occurring during the period from contracts and to clarify the calculation Commission approving proposed rule the default of a Clearing Member to as it applies to high yield indices. LCH change SR–FICC–2017–002 that reflects liquidation of the defaulting Clearing SA also proposed clarifying changes to the changes that are consistent with this Member’s portfolio, as well as to adjust Section 4.1.4 of the CDS Margin Advance Notice, whichever is later. the method for calculating the short Framework to summarize the By the Commission. charge to account for CDX.NA.HY index calculation for the short charge Jill M. Peterson, contracts. Under its current CDS Margin amount.8 Framework, LCH SA calculates the short Assistant Secretary. LCH SA proposed to amend the CDS charge component by taking the larger [FR Doc. 2017–14145 Filed 7–5–17; 8:45 am] Margin Framework by deleting Section of (1) a ‘‘Global Short Charge,’’ derived 4.3 in its entirety because the substance BILLING CODE 8011–01–P from the Clearing Member’s top net of that section would be contained in short exposure with respect to any CDS other sections of the CDS Margin SECURITIES AND EXCHANGE contract and its top net short exposure Framework as a result of the proposed COMMISSION among the three ‘‘riskiest’’ reference changes described above.9 entities (of any type), i.e. those that are In addition, LCH SA also proposed to [Release No. 34–81056; File No. SR–LCH most likely to default, in the Clearing amend Section 5.1 of the CDS Margin SA–2017–005] Member’s portfolio, and (2) the top two Framework, which sets forth the wrong net short exposures with respect to CDS Self-Regulatory Organizations; LCH way risk (‘‘WWR’’) component of LCH contracts on senior financial entities.5 SA; Order Approving Proposed Rule SA’s margin methodology. According to LCH SA believes that high yield entities Change, as Amended by Amendment LCH SA, the current approach leverages are risker than senior financial entities, No. 1 Thereto, To Add Rules Related to the short charge framework by and as a result it proposed to introduce the Clearing of CDX.NA.HY CDS calculating the top two net short a ‘‘High Yield Short Charge’’ that would exposures of financial entities in a June 30, 2017. replace the top two net short exposures Clearing Member’s portfolio following to CDS on senior financial entities in its the calculation described above for the I. Introduction short charge margin. LCH SA then On April 28, 2017, Banque Centrale 1 15 U.S.C. 78s(b)(1). compares these top two net short de Compensation, which conducts 2 17 CFR 240.19b–4. exposures of financial entities to the business under the name LCH SA (‘‘LCH 3 LCH SA filed Amendment No. 1 to replace the Global Short Charge and imposes the SA’’), filed with the Securities and initial filing in its entirety in order to clarify certain changes to the CDSClear Margin Framework. Exchange Commission (‘‘Commission’’), 4 Securities Exchange Act Release No. 34–80666 6 Id. (May 11, 2017), 82 FR 22699 (May 17, 2017) (SR– 7 Id. 87 Ronin Letter at 2. LCH SA–2017–005) (‘‘Notice’’). 8 Id. 88 12 U.S.C. 5465(e)(1)(I). 5 Notice, 82 FR at 22700. 9 Id.
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greater of those two as the short charge, describes the correlation between index financial resources at the minimum to which addresses the WWR arising from families and series, to reflect that enable it to cover a wide range of the correlation between a Clearing additional data will be used.14 foreseeable stress scenarios that include, Member default and the default(s) of the but are not limited to, the default of the III. Discussion and Commission top two financial entities in the Clearing two participant families that would Findings Member’s portfolio.10 The proposed rule potentially cause the largest aggregate change amends Section 5.1 of the CDS Section 19(b)(2)(C) of the Act 15 credit exposure for the covered clearing Margin Framework to make the WWR directs the Commission to approve a agency in extreme but plausible market component more explicit, such that, proposed rule of a self-regulatory conditions. Finally, Rule 17Ad– when the top two net short exposures in organization if the Commission finds 22(e)(6)(i) 21 requires a covered clearing respect of financial entities exceeds the that such proposed rule change is agency that provides central short charge margin, as amended to consistent with the requirements of the counterparty services to establish, equal the greater of the Global Short Act and the rules and regulations implement, maintain and enforce Charge and the High Yield Short Charge, thereunder applicable to such written policies and procedures LCH SA will charge the incremental organization. Section 17A(b)(3)(F) of the reasonably designed to cover its credit amount that is attributable to the top Act 16 requires, in relevant part, that the exposures to its participants by two financial entities as part of the rules of a registered clearing agency be establishing a risk-based margin system WWR Margin.11 designed to promote the prompt and that, at a minimum considers, and LCH SA further proposed to amend a accurate clearance and settlement of produces margin levels commensurate heading in Section 3 and a table in securities transactions and, to the extent with, the risks and particular attributes Section 3.1.1 to clarify that the summary applicable, derivative agreements, of each relevant product, portfolio and of the margin framework also applies to contracts, and transactions. Rule 17Ad– market. CDX HY contracts. Additional 22(b)(2) 17 requires, in relevant part, a The Commission finds that the conforming changes in the CDS Margin registered clearing agency that performs proposed rule change, which amends Framework were proposed with respect central counterparty services to LCH SA’s CDS Margin Framework and to Sections 5, 6, 8, 10, and 11 of the CDS establish, implement, maintain and CDSClear Default Fund Methodology to Margin Framework to clarify that the enforce written policies and procedures permit LCH SA to clear CDS contracts those sections also apply to high yield reasonably designed to use margin on the CDX.NA.HY index, is consistent indices.12 requirements to limit its credit with Section 17A of the Act and the exposures to participants under normal applicable provisions of Rule 17Ad–22 B. Changes to CDSClear Default Fund market conditions and use risk-based thereunder. By amending its CDS Methodology models and parameters to set margin Margin Framework, LCH SA amends the LCH SA also proposed changes to its requirements. Rule 17Ad–22(b)(3) 18 approach to its short charge component CDSClear Default Fund Methodology. requires, in relevant part, a registered of its margin methodology to consider Specifically, LCH SA proposed to clearing agency that performs central the specific risks associated with, and amend Section 2.3 of the CDSClear counterparty services to establish, incorporate parameters addressing the Default Fund Methodology to modify implement, maintain and enforce risks, associated with clearing contracts the existing stressed short charge. Under written policies and procedures on the CDX.NA.HY index, and as a its current approach, LCH SA calculates reasonably designed to maintain result, LCH SA will be able to calculate a stressed short charge, which equals additional financial resources sufficient margin requirements to cover its the greater of (1) the top net short to withstand, at a minimum, a default exposures associated with clearing exposure plus the top two net short by the two participant families to which contracts on the CDX.NA.HY index. exposures among the three entities most it has the largest exposures in extreme Therefore, the Commission finds that likely to default in the Clearing but plausible market conditions where the proposed rule changes are consistent Member’s portfolio, and (2) the top two such registered clearing agency acts as with Rule 17Ad–22(b)(2), 17Ad– net short exposures which are senior a central counterparty for security-based 22(e)(4)(i), and 17Ad–22(e)(6)(i). financial entities plus the top net short swaps. Rule 17Ad–22(e)(4)(i) and (ii) 19 Additionally, by amending its exposures among the three riskiest require a covered clearing agency to CDSClear Default Fund Methodology to senior financial entities in the Clearing establish, implement, maintain and change the manner in which it Member’s portfolio. Under the proposed enforce written policies and procedures calculates its short charge to consider rule change, LCH SA will take the reasonably designed to maintain the risks introduced by clearing default of high yield entities into sufficient financial resources to cover its contracts on the CDX.NA.HY index, the account and add a third prong to the credit exposure to each participant fully Commission believes that LCH SA will stressed short charge calculation which with a high degree of confidence, and be able to more appropriately calculate will take the greater of (1) and (2) as for a covered clearing agency involved and maintain the financial resources described above in this paragraph, or (3) in activities with a more complex risk necessary to cover the default of by the 20 the top two net short exposures which profile, maintaining additional two participant families to which it has are high yield entities plus the top two the largest exposures in extreme but 14 net short exposures among the three Id. plausible market conditions. Therefore, 15 15 U.S.C. 78s(b)(2)(C). the Commission finds that the proposed high yield entities most likely to default 16 15 U.S.C. 78q–1(b)(3)(F). 13 rule change is consistent with the in the Clearing Member’s portfolio. 17 17 CFR 240.17Ad–22(b)(2). requirements of Rule 17Ad–22(b)(3) and Finally, LCH SA also proposed to 18 17 CFR 240.17Ad–22(b)(3). amend Section 3.8 of the CDSClear 19 17 CFR 240.17Ad–22(e)(4)(i) and (ii). Rule 17Ad–22(e)(4)(ii). Default Fund Methodology, which 20 Rule 17Ad–22(a)(4)(i) defines a covered Because the proposed rule change clearing agency involved in activities with a more amends LCH SA’s CDS Margin 10 complex risk profile as a clearing agency registered Framework and CDSClear Default Fund Id. with the Commission under Section 17A of the Act 11 Id. that provides central counterparty services for Methodology in such a manner as to 12 Id. security-based swaps. See 17 CFR 240.17Ad– 13 Id. 22(a)(4)(i). 21 17 CFR 240.17Ad–22(e)(6)(i).
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allow LCH SA to more appropriately I. Self-Regulatory Organization’s ‘‘Participants’’) filed with the take into consideration the risks Statement of the Terms of Substance of Commission, pursuant to Section 11A of associated with clearing contracts on the the Proposed Rule Change the Exchange Act 6 and Rule 608 of 7 CDX.NA.HY index, and to collect FINRA is proposing to adopt FINRA Regulation NMS thereunder, the margin and other financial resources Rule 6898 (Consolidated Audit Trail— National Market System Plan Governing that reflect such risks, the Commission Fee Dispute Resolution) to establish the the Consolidated Audit Trail (the ‘‘CAT 8 believes that the proposed changes are procedures for resolving potential NMS Plan’’ or ‘‘Plan’’). The designed to promote the prompt and disputes related to CAT Fees charged to Participants filed the Plan to comply accurate clearance and settlement of Industry Members.3 with Rule 613 of Regulation NMS under the Exchange Act.9 The Plan was such contracts. As a result, the The text of the proposed rule change published for comment in the Federal Commission finds that the proposed is available on FINRA’s Web site at http://www.finra.org, at the principal Register on May 17, 2016,10 and rule changes are consistent with Section approved by the Commission, as 17A(b)(3)(F) of the Act. office of FINRA, and at the Commission’s Public Reference Room. modified, on November 15, 2016.11 The IV. Conclusion Plan is designed to create, implement II. Self-Regulatory Organization’s and maintain a consolidated audit trail It is therefore ordered pursuant to Statement of the Purpose of, and (‘‘CAT’’) that would capture customer Section 19(b)(2) of the Act that the Statutory Basis for, the Proposed Rule and order event information for orders proposed rule change (SR–LCH SA– Change in NMS Securities and OTC Equity 2017–005), as amended by Amendment In its filing with the Commission, Securities, across all markets, from the No. 1, be, and hereby is, approved.22 FINRA included statements concerning time of order inception through routing, the purpose of and basis for the cancellation, modification, or execution For the Commission by the Division of proposed rule change and discussed any in a single consolidated data source. Trading and Markets, pursuant to delegated The Plan accomplishes this by creating authority.23 comments it received on the proposed rule change. The text of these statements CAT NMS, LLC (the ‘‘Company’’), of Brent J. Fields, may be examined at the places specified which each Participant is a member, to Secretary. in Item IV below. FINRA has prepared operate the CAT.12 Under the CAT NMS [FR Doc. 2017–14239 Filed 7–5–17; 8:45 am] summaries, set forth in sections A, B, Plan, the Operating Committee of the BILLING CODE 8011–01–P and C below, of the most significant Company (‘‘Operating Committee’’) has aspects of such statements. discretion to establish funding for the Company to operate the CAT, including A. Self-Regulatory Organization’s SECURITIES AND EXCHANGE establishing fees that the Participants Statement of the Purpose of, and the will pay, and establishing fees for COMMISSION Statutory Basis for, the Proposed Rule Industry Members that will be Change [Release No. 34–81053; File No. SR–FINRA– implemented by the Participants (‘‘CAT 13 2017–020] 1. Purpose Fees’’). The Participants are required Bats BYX Exchange, Inc., Bats BZX to file with the SEC under Section 19(b) Self-Regulatory Organizations; Exchange, Inc., Bats EDGA Exchange, of the Exchange Act any such CAT Fees Financial Industry Regulatory Inc., Bats EDGX Exchange, Inc., BOX applicable to Industry Members that the Authority, Inc.; Notice of Filing of a Options Exchange LLC, C2 Options Operating Committee approves.14 Proposed Rule Change To Adopt Exchange, Incorporated, Chicago Board Accordingly, FINRA has filed a FINRA Rule 6898 (Consolidated Audit Options Exchange, Incorporated, proposed rule change with the SEC to Trail—Fee Dispute Resolution) Chicago Stock Exchange, Inc., FINRA, adopt the Consolidated Audit Trail Investors’ Exchange LLC, Miami Funding Fees, which will require June 29, 2017. International Securities Exchange, LLC, Industry Members that are FINRA members to pay the CAT Fees Pursuant to the provisions of Section MIAX PEARL, LLC, NASDAQ BX, Inc., determined by the Operating 19(b)(1) of the Securities Exchange Act Nasdaq GEMX, LLC, Nasdaq ISE, LLC, 4 Committee.15 FINRA submits this of 1934 (‘‘Act’’ or the ‘‘Exchange Act’’) 1 Nasdaq MRX, LLC, NASDAQ PHLX LLC, The NASDAQ Stock Market LLC, and Rule 19b-4 thereunder,2 notice is New York Stock Exchange LLC, NYSE 6 15 U.S.C. 78k–1. hereby given that, on June 19, 2017, 7 MKT LLC, NYSE Arca, Inc. and NYSE 17 CFR 242.608. 8 Financial Industry Regulatory National, Inc.5 (collectively, the See Letter from the Participants to Brent J. Authority, Inc. (‘‘FINRA’’) filed with the Fields, Secretary, Commission, dated September 30, 2014; and Letter from Participants to Brent J. Fields, Securities and Exchange Commission 3 Unless otherwise specified, capitalized terms Secretary, Commission, dated February 27, 2015. (‘‘SEC’’ or the ‘‘Commission’’) the used in this rule filing are defined as set forth On December 23, 2015, the Participants submitted proposed rule change as described in herein or in the Consolidated Audit Trail Funding an amendment to the CAT NMS Plan. See Letter Items I and II below, which Items have Fees Rule, the CAT Compliance Rule Series or in from Participants to Brent J. Fields, Secretary, the CAT NMS Plan. Commission, dated December 23, 2015. been prepared by FINRA. The 4 ISE Gemini, LLC, ISE Mercury, LLC and 9 17 CFR 242.613. Commission is publishing this notice to International Securities Exchange, LLC have been 10 Securities Exchange Act Release No. 77724 renamed Nasdaq GEMX, LLC, Nasdaq MRX, LLC, (April 27, 2016), 81 FR 30614 (May 17, 2016). solicit comments on the proposed rule and Nasdaq ISE, LLC, respectively. See Securities 11 Securities Exchange Act Release No. 79318 change from interested persons. Exchange Act Release No. 80248 (March 15, 2017), (November 15, 2016), 81 FR 84696 (November 23, 82 FR 14547 (March 21, 2017); Securities Exchange 2016) (‘‘Approval Order’’). Act Release No. 80326 (March 29, 2017), 82 FR 22 In approving the proposed rule change, the 12 16460 (April 4, 2017); and Securities Exchange Act The Plan also serves as the limited liability Commission considered the proposal’s impact on Release No. 80325 (March 29, 2017), 82 FR 16445 company agreement for the Company. efficiency, competition, and capital formation. 15 13 (April 4, 2017). Section 11.1(b) of the CAT NMS Plan. U.S.C. 78c(f). 5 National Stock Exchange, Inc. has been renamed 14 See supra note 12 [sic]. 23 17 CFR 200.30–3(a)(12). NYSE National, Inc. See Securities Exchange Act 15 See Securities Exchange Act Release No. 80710 1 15 U.S.C. 78s(b)(1). Release No. 79902 (January 30, 2017), 82 FR 9258 (May 17, 2017), 82 FR 23629 [sic] (May 23, 2017) 2 17 CFR 240.19b–4. (February 3, 2017). (SR–FINRA–2017–011).
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proposed rule change to adopt FINRA Industry Member to seek redress from Subcommittee will keep a record of the Rule 6898 (Consolidated Audit Trail— the SEC or in any other appropriate proceedings. Fee Dispute Resolution) to establish the forum. The Fee Review Subcommittee will procedures for resolving potential The Operating Committee has hold hearings promptly. The Fee disputes related to CAT Fees charged to adopted ‘‘Fee Dispute Resolution Review Subcommittee will set a hearing Industry Members. Proposed Rule 6898 Procedures’’ governing the manner in date. The parties to the hearing shall is described below. which disputes regarding CAT Fees furnish the Fee Review Subcommittee with all materials relevant to the (1) Definitions charged pursuant to the Consolidated Audit Trail Funding Fees will be proceedings at least 72 hours prior to Paragraph (a) of proposed Rule 6898 addressed. These Fee Dispute the date of the hearing. Each party will sets forth the definitions for proposed Resolution Procedures, as they relate to have the right to inspect and copy the Rule 6898. Paragraph (a)(1) of proposed other party’s materials prior to the Industry Members, are set forth in Rule 6898 states that, for purposes of hearing. paragraph (c) of proposed Rule 6898. Rule 6898, the terms ‘‘CAT NMS Plan’’, The parties to the hearing will consist ‘‘Industry Member’’, ‘‘Operating Specifically, the Fee Dispute Resolution of the applicant and a representative of Committee’’, and ‘‘Participant’’ are Procedures provide the procedure for the Company who shall present the defined as set forth in the Rule 6810 Industry Members that dispute CAT reasons for the action taken by the (Consolidated Audit Trail Compliance Fees charged to such Industry Member Company that allegedly aggrieved the Rule—Definitions), and the term ‘‘CAT pursuant to one or more of the applicant. The applicant is entitled to be Fee’’ is defined as set forth in the Rule Participants’ Consolidated Audit Trail accompanied, represented and advised 6897 (Consolidated Audit Trail Funding Funding Fees Rules, including disputes by counsel at all stages of the Fees). In addition, FINRA proposes to related to the designated tier and the fee proceedings. add paragraph (a)(2) to proposed Rule calculated pursuant to such tier, to The Fee Review Subcommittee will 6898. New paragraph (a)(2) would apply for an opportunity to be heard determine all questions concerning the define the term ‘‘Subcommittee’’ to and to have the CAT Fees charged to admissibility of evidence and will mean a subcommittee designated by the such Industry Member reviewed. The otherwise regulate the conduct of the Operating Committee pursuant to the Procedures are modeled after the hearing. Each of the parties will be CAT NMS Plan. This definition is the adverse action procedures adopted by permitted to make an opening same substantive definition as set forth various exchanges,17 and will be posted statement, present witnesses and in Section 1.1 of the CAT NMS Plan. on the Web site for the CAT NMS documentary evidence, cross examine Plan.18 opposing witnesses and present closing (2) Fee Dispute Resolution Under these Procedures, an Industry arguments orally or in writing as Section 11.5 of the CAT NMS Plan Member that disputes CAT Fees charged determined by the Fee Review requires Participants to adopt rules to such Industry Member and that Subcommittee. The Fee Review requiring that disputes with respect to desires to have an opportunity to be Subcommittee also will have the right to fees charged to Industry Members heard with respect to such disputed question all parties and witnesses to the pursuant to the CAT NMS Plan be CAT Fees must file a written application proceeding. The Fee Review determined by the Operating Committee with the Company within 15 business Subcommittee must keep a record of the or Subcommittee. Section 11.5 of the days after being notified of such hearing. The formal rules of evidence CAT NMS Plan also states that decisions disputed CAT Fees. The application will not apply. by the Operating Committee or must identify the disputed CAT Fees, The Fee Review Subcommittee must Subcommittee on such matters shall be state the specific reasons why the set forth its decision in writing and send binding on Industry Members, without applicant takes exception to such CAT the written decision to the parties to the prejudice to the right of any Industry Fees, and set forth the relief sought. In proceeding. Such decisions will contain Member to seek redress from the SEC addition, if the applicant intends to the reasons supporting the conclusions pursuant to SEC Rule 608 of Regulation submit any additional documents, of the Fee Review Subcommittee. NMS,16 or in any other appropriate statements, arguments or other material The decision of the Fee Review forum. FINRA proposes to adopt in support of the application, the same Subcommittee will be subject to review paragraph (b) of proposed Rule 6898. should be so stated and identified. by the Operating Committee either on Paragraph (b) of proposed Rule 6898 its own motion within 20 business days The Company will refer applications states that disputes initiated by an after issuance of the decision or upon for hearing and review promptly to the Industry Member with respect to CAT written request submitted by the Subcommittee designated by the Fees charged to such Industry Member applicant within 15 business days after Operating Committee pursuant to pursuant to the Consolidated Audit issuance of the decision. The applicant’s Section 4.12 of the CAT NMS Plan with Trail Funding Fees, including disputes petition must be in writing and must responsibility for conducting the related to the designated tier and the fee specify the findings and conclusions to reviews of CAT Fee disputes pursuant calculated pursuant to such tier, shall be which the applicant objects, together to these Procedures. This Subcommittee resolved by the Operating Committee, or with the reasons for such objections. will be referred to as the Fee Review a Subcommittee designated by the Any objection to a decision not Subcommittee. The members of the Fee Operating Committee of the CAT NMS specified in writing will be considered Review Subcommittee will be subject to Plan, pursuant to the Fee Dispute to have been abandoned and may be the provisions of Section 4.3(d) of the Resolution Procedures adopted disregarded. Parties may petition to CAT NMS Plan regarding recusal and pursuant to the CAT NMS Plan and set submit a written argument to the Conflicts of Interest. The Fee Review forth in paragraph (c) of proposed Rule Operating Committee and may request 6898. Decisions on such matters shall be an opportunity to make an oral binding on Industry Members, without 17 See, e.g., Chapter X of BATS BZX Exchange, argument before the Operating Inc. (Adverse Action); and Chapter X of NYSE prejudice to the rights of any such National, Inc. (Adverse Action). Committee. The Operating Committee 18 The CAT NMS Plan Web site is available at will have sole discretion to grant or 16 17 CFR 242.608. http://www.catnmsplan.com/. deny either request.
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The Operating Committee will disputed CAT Fees when due as set applies specific requirements to conduct the review. The review will be forth in the original invoice. Industry Members, FINRA believes that made upon the record and will be made Once the dispute regarding CAT Fees this proposal furthers the objectives of after such further proceedings, if any, as is resolved pursuant to these the Plan, as identified by the SEC, and the Operating Committee may order. Procedures, if it is determined that the is therefore consistent with the Act. Based upon such record, the Operating Industry Member owes any of the Committee may affirm, reverse or disputed CAT Fees, then the Industry B. Self-Regulatory Organization’s modify, in whole or in part, the decision Member must pay such disputed CAT Statement on Burden on Competition of the Fee Review Subcommittee. The Fees that are owed, as well as interest FINRA does not believe that the decision of the Operating Committee on such disputed CAT Fees from the proposed rule change will result in any will be in writing, will be sent to the original due date (that is, 30 days after burden on competition that is not parties to the proceeding and will be receipt of the original invoice of such necessary or appropriate in furtherance final. CAT Fees) until such disputed CAT of the purposes of the Act. FINRA notes The Procedures state that a final Fees are paid at a per annum rate equal that the proposed rule change decision regarding the disputed CAT to the lesser of (i) the Prime Rate plus implements Section 11.5 of the CAT Fees by the Operating Committee, or the 300 basis points, or (ii) the maximum NMS Plan approved by the Commission, Fee Review Subcommittee (if there is no rate permitted by applicable law. and is designed to assist FINRA in review by the Operating Committee), If the Commission approves the meeting its regulatory obligations must be provided within 90 days of the proposed rule change, FINRA will pursuant to the Plan. Similarly, all date on which the Industry Member announce the implementation date of national securities exchanges and filed a written application regarding the proposed rule change in a FINRA are proposing this proposed rule disputed CAT Fees with the Company. Regulatory Notice to be published no to implement the requirements of the The Operating Committee may extend later than 60 days following CAT NMS Plan. Therefore, this is not a the 90-day time limit at its discretion. Commission approval. The effective competitive rule filing, and, therefore, it In addition, the Procedures state that date will be no later than 120 days does not raise competition issues any notices or other documents may be following publication of the Regulatory between and among the exchanges and served upon the applicant either Notice announcing Commission FINRA. personally or by leaving the same at its, Approval. his or her place of business or by C. Self-Regulatory Organization’s deposit in the United States post office, 2. Statutory Basis Statement on Comments on the postage prepaid, by registered or FINRA believes that the proposed rule Proposed Rule Change Received From certified mail, addressed to the change is consistent with the provisions Members, Participants, or Others applicant at its, his or her last known of Section 15A(b)(6) of the Act,19 which Written comments were neither business or residence address. The requires, among other things, that solicited nor received. Procedures also state that any time FINRA rules must be designed to limits imposed under the Procedures for prevent fraudulent and manipulative III. Date of Effectiveness of the the submission of answers, petitions or acts and practices, to promote just and Proposed Rule Change and Timing for other materials may be extended by equitable principles of trade, and, in Commission Action permission of the Operating Committee. general, to protect investors and the Within 45 days of the date of All papers and documents relating to public interest, and Section 15A(b)(5) of publication of this notice in the Federal review by the Fee Review Subcommittee the Act,20 which requires, among other Register or within such longer period or the Operating Committee must be things, that FINRA rules provide for the up to 90 days (i) as the Commission may submitted to the Fee Review equitable allocation of reasonable dues, designate if it finds such longer period Subcommittee or Operating Committee, fees and other charges among members to be appropriate and publishes its as applicable. and issuers and other persons using any reasons for so finding or (ii) as to which The Procedures also note that facility or system that FINRA operates the Exchange consents, the Commission decisions on such CAT Fee disputes or controls. will: made pursuant to these Procedures will FINRA believes that this proposal is (A) By order approve or disapprove be binding on Industry Members, consistent with the Act because it such proposed rule change, or without prejudice to the rights of any implements, interprets or clarifies (B) institute proceedings to determine such Industry Member to seek redress Section 11.5 of the Plan, and is designed whether the proposed rule change from the SEC, or in any other to assist FINRA and its Industry should be disapproved. appropriate forum. Members in meeting regulatory IV. Solicitation of Comments Finally, an Industry Member that files obligations pursuant to the Plan. In a written application with the Company approving the Plan, the SEC noted that Interested persons are invited to regarding disputed CAT Fees in the Plan ‘‘is necessary and appropriate submit written data, views, and accordance with these Procedures is not in the public interest, for the protection arguments concerning the foregoing, required to pay such disputed CAT Fees of investors and the maintenance of fair including whether the proposed rule until the dispute is resolved in and orderly markets, to remove change is consistent with the Act. accordance with these Procedures, impediments to, and perfect the Comments may be submitted by any of including any review by the SEC, or in mechanism of a national market system, the following methods: any other appropriate forum. For these or is otherwise in furtherance of the Electronic Comments purposes, the disputed CAT Fees means purposes of the Act.’’ 21 To the extent • the amount of the invoiced CAT Fees that this proposal implements, Use the Commission’s Internet that the Industry Member has asserted interprets or clarifies the Plan and comment form (http://www.sec.gov/ pursuant to these Procedures that such rules/sro.shtml); or • Industry Member does not owe to the 19 15 U.S.C. 78o–3(b)(6). Send an email to rule-comments@ Company. The Industry Member must 20 15 U.S.C. 78o–3(b)(5). sec.gov. Please include File Number SR– pay any invoiced CAT Fees that are not 21 Approval Order at 84697. FINRA–2017–020 on the subject line.
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Paper Comments A copy of each application may be Filing Date: The application was filed • Send paper comments in triplicate obtained via the Commission’s Web site on May 26, 2017. to Secretary, Securities and Exchange by searching for the file number, or for Applicant’s Address: 1400 Center Commission, 100 F Street NE., an applicant using the Company name Road, Venice, Florida 34292. Washington, DC 20549–1090. box, at http://www.sec.gov/search/ search.htm or by calling (202) 551– RiverSource Diversified Income Series, All submissions should refer to File Inc. [File No. 811–02503] Number SR–FINRA–2017–020. This file 8090. An order granting each number should be included on the application will be issued unless the Summary: Applicant seeks an order subject line if email is used. To help the SEC orders a hearing. Interested persons declaring that it has ceased to be an Commission process and review your may request a hearing on any investment company. Applicant has comments more efficiently, please use application by writing to the SEC’s transferred its assets to Columbia only one method. The Commission will Secretary at the address below and Diversified Bond Fund, a series of post all comments on the Commission’s serving the relevant applicant with a Columbia Funds Series Trust II and, on Internet Web site (http://www.sec.gov/ copy of the request, personally or by March 7, 2011, made a final distribution rules/sro.shtml). Copies of the mail. Hearing requests should be to its shareholders based on net asset submission, all subsequent received by the SEC by 5:30 p.m. on July value. Expenses of approximately amendments, all written statements 25, 2017, and should be accompanied $183,001 incurred in connection with with respect to the proposed rule by proof of service on applicants, in the the reorganization were paid by the change that are filed with the form of an affidavit or, for lawyers, a applicant’s investment adviser. Commission, and all written certificate of service. Pursuant to Rule Filing Dates: The application was communications relating to the 0–5 under the Act, hearing requests filed on December 16, 2016, and proposed rule change between the should state the nature of the writer’s amended on June 5, 2017. interest, any facts bearing upon the Commission and any person, other than Applicant’s Address: 50606 desirability of a hearing on the matter, those that may be withheld from the Ameriprise Financial Center, the reason for the request, and the issues public in accordance with the Minneapolis, Minnesota 55474. provisions of 5 U.S.C. 552, will be contested. Persons who wish to be available for Web site viewing and notified of a hearing may request RiverSource Large Cap Series, Inc. [File printing in the Commission’s Public notification by writing to the No. 811–02111] Commission’s Secretary. Reference Room, 100 F Street NE., Summary: Applicant seeks an order Washington, DC 20549, on official ADDRESSES: The Commission: Secretary, declaring that it has ceased to be an business days between the hours of U.S. Securities and Exchange investment company. Applicant has 10:00 a.m. and 3:00 p.m. Copies of the Commission, 100 F Street NE., transferred its assets to Columbia Large filing also will be available for Washington, DC 20549–1090. Core Quantitative Fund, a series of inspection and copying at the principal FOR FURTHER INFORMATION CONTACT: Hae- Columbia Funds Series Trust II and, on office of the Exchange. All comments Sung Lee, Attorney-Adviser, at (202) March 7, 2011, made a final distribution received will be posted without change; 551–7345 or Chief Counsel’s Office at to its shareholders based on net asset the Commission does not edit personal (202) 551–6821; SEC, Division of value. Expenses of approximately identifying information from Investment Management, Chief $183,001 incurred in connection with submissions. You should submit only Counsel’s Office, 100 F Street NE., the reorganization were paid by the information that you wish to make Washington, DC 20549–8010. applicant’s investment adviser. available publicly. All submissions Filing Dates: The application was should refer to File Number SR–FINRA– SunAmerica Goldman Sachs filed on December 16, 2016, and 2017–020, and should be submitted on Diversified Yield Fund, Inc. [File No. amended on June 5, 2017. or before July 27, 2017. 811–22869] Applicant’s Address: 50606 Summary: Applicant, a closed-end For the Commission, by the Division of Ameriprise Financial Center, investment company, seeks an order Trading and Markets, pursuant to delegated Minneapolis, Minnesota 55474. authority.22 declaring that it has ceased to be an Jill M. Peterson, investment company. Applicant has RiverSource Short Term Investments Assistant Secretary. never made a public offering of its Series, Inc. [File No. 811–21914] securities and does not propose to make [FR Doc. 2017–14144 Filed 7–5–17; 8:45 am] Summary: Applicant seeks an order BILLING CODE 8011–01–P a public offering or engage in business of any kind. declaring that it has ceased to be an Filing Date: The application was filed investment company. Applicant has transferred its assets to Columbia Short- SECURITIES AND EXCHANGE on May 23, 2017. Term Cash Fund, a series of Columbia COMMISSION Applicant’s Address: Harborside 5, 185 Hudson Street, Suite 3300, Jersey Funds Series Trust II and, on March 7, [Release No. IC–32717] City, New Jersey 07311. 2011, made a final distribution to its shareholders based on net asset value. Notice of Applications for Institutional Investor Trust [File No. Expenses of approximately $183,001 Deregistration Under Section 8(f) of the 811–22429] incurred in connection with the Investment Company Act of 1940 Summary: Applicant seeks an order reorganization were paid by the June 30, 2017. declaring that it has ceased to be an applicant’s investment adviser. The following is a notice of investment company. On July 27, 2016, Filing Dates: The application was applications for deregistration under applicant made a liquidating filed on December 16, 2016, and section 8(f) of the Investment Company distribution to its shareholders, based amended on June 5, 2017. Act of 1940 for the month of June 2017. on net asset value. No expenses were Applicant’s Address: 50606 incurred in connection with the Ameriprise Financial Center, 22 17 CFR 200.30–3(a)(12). liquidation. Minneapolis, Minnesota 55474.
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RiverSource Money Market Series, Inc. transferred its assets to Columbia distribution to its shareholders based on [File No. 811–02591] Government Money Market Fund, a net asset value. Expenses of Summary: Applicant seeks an order series of Columbia Funds Series Trust II approximately $183,001 incurred in declaring that it has ceased to be an and, on March 7, 2011, made a final connection with the reorganization were investment company. Applicant has distribution to its shareholders based on paid by the applicant’s investment transferred its assets to Columbia Money net asset value. Expenses of adviser. Market Fund, a series of Columbia approximately $183,001 incurred in Filing Dates: The application was Funds Series Trust II and, on March 7, connection with the reorganization were filed on December 16, 2016, and 2011, made a final distribution to its paid by the applicant’s investment amended on June 5, 2017. shareholders based on net asset value. adviser. Applicant’s Address: 50606 Expenses of approximately $183,001 Filing Dates: The application was Ameriprise Financial Center, incurred in connection with the filed on December 16, 2016, and Minneapolis, Minnesota 55474. reorganization were paid by the amended on June 5, 2017. Columbia Frontier Fund, Inc. [File No. Applicant’s Address: 50606 applicant’s investment adviser. 811–04078] Filing Dates: The application was Ameriprise Financial Center, Summary: Applicant seeks an order filed on December 16, 2016, and Minneapolis, Minnesota 55474. declaring that it has ceased to be an amended on June 5, 2017. Seligman Portfolios, Inc. [File No. 811– investment company. Applicant has Applicant’s Address: 50606 05221] Ameriprise Financial Center, transferred its assets to Columbia Minneapolis, Minnesota 55474. Summary: Applicant seeks an order Frontier Fund, a series of Columbia declaring that it has ceased to be an Funds Series Trust II and, on March 7, RiverSource High Yield Income Series, investment company. Applicant has 2011, made a final distribution to its Inc. [File No. 811–03848] transferred its assets to Columbia shareholders based on net asset value. Summary: Applicant seeks an order Variable Portfolio—Mid Cap Growth Expenses of approximately $183,001 declaring that it has ceased to be an Fund, a series of Columbia Funds incurred in connection with the investment company. Applicant has Variable Insurance Trust I and, on May reorganization were paid by the transferred its assets to Columbia High 2, 2011, made a final distribution to its applicant’s investment adviser. Yield Bond Fund, a series of Columbia shareholders based on net asset value. Filing Dates: The application was Funds Series Trust II and, on March 7, Expenses of approximately $183,001 filed on December 16, 2016, and 2011, made a final distribution to its incurred in connection with the amended on June 5, 2017. shareholders based on net asset value. reorganization were paid by the Applicant’s Address: 50606 Expenses of approximately $183,001 applicant’s investment adviser. Ameriprise Financial Center, incurred in connection with the Filing Dates: The application was Minneapolis, Minnesota 55474. reorganization were paid by the filed on December 16, 2016, and Columbia Seligman Communications & applicant’s investment adviser. amended on June 5, 2017. Information Fund, Inc. [File No. 811– Applicant’s Address: 50606 Filing Dates: The application was 03596] filed on December 16, 2016, and Ameriprise Financial Center, amended on June 5, 2017. Minneapolis, Minnesota 55474. Summary: Applicant seeks an order Applicant’s Address: 50606 declaring that it has ceased to be an RiverSource Strategy Series, Inc. [File investment company. Applicant has Ameriprise Financial Center, No. 811–03956] Minneapolis, Minnesota 55474. transferred its assets to Columbia Summary: Applicant seeks an order Seligman Communications and RiverSource Equity Series, Inc. [File declaring that it has ceased to be an Information Fund, a series of Columbia No. 811–00772] investment company. Applicant has Funds Series Trust II and, on March 7, Summary: Applicant seeks an order transferred its assets to Columbia Equity 2011, made a final distribution to its declaring that it has ceased to be an Value Fund, a series of Columbia Funds shareholders based on net asset value. investment company. Applicant has Series Trust II and, on March 7, 2011, Expenses of approximately $183,001 transferred its assets to Columbia Mid made a final distribution to its incurred in connection with the Cap Growth Opportunity Fund, a series shareholders based on net asset value. reorganization were paid by the of Columbia Funds Series Trust II and, Expenses of approximately $183,001 applicant’s investment adviser. on March 7, 2011, made a final incurred in connection with the Filing Dates: The application was distribution to its shareholders based on reorganization were paid by the filed on December 16, 2016, and net asset value. Expenses of applicant’s investment adviser. amended on June 5, 2017. approximately $183,001 incurred in Filing Dates: The application was Applicant’s Address: 50606 connection with the reorganization were filed on December 16, 2016, and Ameriprise Financial Center, paid by the applicant’s investment amended on June 5, 2017. Minneapolis, Minnesota 55474. Applicant’s Address: 50606 adviser. RiverSource Bond Series, Inc. [File No. Ameriprise Financial Center, Filing Dates: The application was 811–03178] filed on December 16, 2016, and Minneapolis, Minnesota 55474. amended on June 5, 2017. Summary: Applicant seeks an order Seligman Global Fund Series, Inc. [File declaring that it has ceased to be an Applicant’s Address: 50606 No. 811–06485] Ameriprise Financial Center, investment company. Each series of Minneapolis, Minnesota 55474. Summary: Applicant seeks an order applicant has transferred its assets to a declaring that it has ceased to be an corresponding series of Columbia Funds Columbia Government Money Market investment company. Applicant has Series Trust II and, on March 7, 2011, Fund, Inc. [File No. 811–02650] transferred its assets to Columbia made a final distribution to its Summary: Applicant seeks an order Seligman Global Technology Fund, a shareholders based on net asset value. declaring that it has ceased to be an series of Columbia Funds Series Trust II Expenses of approximately $732,003 investment company. Applicant has and, on March 7, 2011, made a final incurred in connection with the
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reorganization were paid by the Filing Date: The application was filed I. Clearing Agency’s Statement of the applicant’s investment adviser. on June 9, 2017. Terms of Substance of the Advance Filing Dates: The application was Applicant’s Address: c/o Central Park Notice filed on December 16, 2016, and Advisers, LLC, 805 Third Avenue, New amended on June 5, 2017. York, New York 10022. This advance notice is being filed in Applicant’s Address: 50606 connection with a proposed change in Ameriprise Financial Center, Winton Series Trust [File No. 811– the form of the replacement of a Minneapolis, Minnesota 55474. 23004] revolving credit facility that OCC Summary: Applicant seeks an order maintains for a 364-day term for the RS Investment Trust [File No. 811– declaring that it has ceased to be an purpose of meeting obligations arising 05159] investment company. On March 27, out of the default or suspension of a Summary: Applicant seeks an order 2017, applicant made a liquidating Clearing Member, in anticipation of a declaring that it has ceased to be an distribution to its shareholders, based potential default by a Clearing Member, investment company. Each series of on net asset value. Expenses in or the failure of a bank or securities or applicant has transferred its assets to a connection with the liquidation were commodities clearing organization to corresponding series of Victory paid by the applicant’s investment perform its obligations due to its Portfolios and, on July 29, 2016, made adviser. bankruptcy, insolvency, receivership or a final distribution to its shareholders Filing Dates: The application was suspension of operations. based on net asset value. Expenses of filed on May 16, 2017, and amended on $6,471,304 incurred in connection with June 9, 2017. II. Clearing Agency’s Statement of the the reorganization were paid by the Applicant’s Address: One Freedom Purpose of, and Statutory Basis for, the applicant’s investment adviser and the Valley Drive, Oaks, Pennsylvania 19456. Advance Notice acquiring fund’s investment adviser. For the Commission, by the Division of In its filing with the Commission, Filing Date: The application was filed Investment Management, pursuant to OCC included statements concerning on June 6, 2017. delegated authority. Applicant’s Address: 4900 Tiedeman the purpose of and basis for the advance Brent J. Fields, Road, 4th Floor, Brooklyn, Ohio 44144. notice and discussed any comments it Secretary. received on the advance notice. The text RS Variable Products Trust [File No. [FR Doc. 2017–14195 Filed 7–5–17; 8:45 am] of these statements may be examined at 811–21922] BILLING CODE 8011–01–P the places specified in Item IV below. Summary: Applicant seeks an order OCC has prepared summaries, set forth declaring that it has ceased to be an in sections (A) and (B) below, of the investment company. Each series of SECURITIES AND EXCHANGE most significant aspects of these applicant has transferred its assets to a COMMISSION statements. corresponding series of Victory Variable [Release No. 34–81058; File No. SR–OCC– (A) Clearing Agency’s Statement on Insurance Funds and, on July 29, 2016, 2017–803] Comments on the Advance Notice made a final distribution to its Received From Members, Participants or shareholders based on net asset value. Self-Regulatory Organizations; The Others The RS S&P 500 Index VIP Series, a Options Clearing Corporation; Notice series of RS Variable Products Trust, is of Filing of Advance Notice of and No Written comments were not and are a named defendant in the multi-district Objection to The Options Clearing not intended to be solicited with respect class action lawsuit. Any potential Corporation’s Proposal To Enter Into a to the advance notice and none have liability for this action was assumed by New Credit Facility Agreement been received. the Victory S&P 500 Index VIP Series, a series of Victory Variable Insurance June 30, 2017. (B) Advance Notice Filed Pursuant to Funds. Expenses of $1,517,960 incurred Pursuant to Section 806(e)(1) of Title Section 806(e) of the Payment, Clearing, in connection with the reorganization VIII of the Dodd-Frank Wall Street and Settlement Supervision Act Reform and Consumer Protection Act, were paid by the applicant’s investment Description of Proposed Change adviser and the acquiring fund’s entitled the Payment, Clearing and investment adviser. Settlement Supervision Act of 2010 Background Filing Date: The application was filed (‘‘Clearing Supervision Act’’) 1 and Rule on June 6, 2017. 19b–4(n)(1)(i) under the Securities This advance notice is being filed in Applicant’s Address: 4900 Tiedeman Exchange Act of 1934 (‘‘Act’’),2 notice is connection with a proposed change in Road, 4th Floor, Brooklyn, Ohio 44144. hereby given that, on May 4, 2017, the the form of the replacement of a Options Clearing Corporation (‘‘OCC’’) revolving credit facility that OCC CPG Alternative Strategies Fund, LLC filed an advance notice (SR–OCC–2017– maintains for a 364-day term for the [File No. 811–22446] 803) with the Securities and Exchange purpose of meeting obligations arising Summary: Applicant, a closed-end Commission (‘‘Commission’’). The out of the default or suspension of a investment company, seeks an order advance notice is described in Items I Clearing Member, in anticipation of a declaring that it has ceased to be an and II below, which have been prepared potential default by a Clearing Member, investment company. On May 23, 2016, by OCC. The Commission is publishing or the failure of a bank or securities or September 1, 2016, December 20, 2016, this notice to solicit comments on the commodities clearing organization to and May 15, 2017, applicant made advance notice from interested persons, perform its obligations due to its liquidating distributions to its and to provide notice that the bankruptcy, insolvency, receivership or shareholders, based on net asset value. Commission does not object to the suspension of operations. In such Expenses of $11,000 incurred in changes set forth in the advance notice. circumstances, OCC has certain connection with the liquidation were conditional authority under its By-Laws paid by the applicant’s investment 1 12 U.S.C. 5465(e)(1). and Rules to borrow or otherwise obtain adviser. 2 17 CFR 240.19b–4(n)(1)(i). funds from third parties using Clearing
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Member margin deposits and/or organization has failed to achieve daily participating banks to schedule credit Clearing Fund contributions.3 settlement with OCC; and (iv) modify committee meetings. OCC’s existing credit facility certain other terms and definitions in Expansion of Permitted Collateral (‘‘Existing Facility’’) was implemented the agreement (including the as of September 30, 2016, through the replacement of the backup collateral OCC also proposes to expand the execution of a credit agreement among agent). types of permitted collateral under the OCC, Bank of America, N.A. (‘‘BofA’’), The proposed terms and conditions New Facility. As proposed, OCC would as administrative agent, and the lenders that are expected to be applicable to the be permitted to pledge a wider range of that are parties to the agreement from New Facility, subject to agreement by collateral under the New Facility that time to time. The Existing Facility the lenders, are set forth in the Clearing Members are permitted to use provides short-term secured borrowings Summary of Terms and Conditions, in making margin deposits and Clearing in an aggregate principal amount of $2 which is not a public document.6 OCC Fund contributions. As discussed above, billion but may be increased to $3 has separately submitted a request for to obtain a loan under the Existing billion if OCC so requests and sufficient confidential treatment to the Facility, OCC must pledge as collateral commitments from lenders are received Commission regarding the Summary of certain cash or securities that Clearing and accepted. To obtain a loan under Terms and Conditions, which is Members have contributed to the the Existing Facility, OCC must pledge included in this filing as Exhibit 3. The Clearing Fund or deposited as margin. as collateral U.S. dollars or securities conditions regarding the availability of The Summary of Terms and Conditions issued or guaranteed by the U.S. the New Facility, which OCC for the New Facility contemplates that Government or the Government of anticipates will be satisfied on or about it will expand the scope of such Canada. Certain mandatory July 5, 2017, include the execution and collateral that OCC may pledge to prepayments or deposits of additional delivery of (i) a credit agreement include other categories of securities collateral are required depending on between OCC and the administrative that OCC accepts as margin deposits or changes in the collateral’s market value. agent, collateral agent and various that it may accept upon prior approval In connection with OCC’s past lenders under the New Facility, (ii) a by the Risk Committee (i.e., certain GSE implementation of the Existing Facility, pledge agreement between OCC and the debt securities).7 OCC filed an advance notice with the administrative agent or collateral agent, Specifically, the new collateral in Commission on August 29, 2016, and and (iii) such other documents as may respect of Clearing Member margin the Commission published a Notice of be required by the parties. The deposits that OCC would be permitted No-Objection on September 21, 2016.4 definitive documentation concerning to pledge would include: (i) Common the New Facility is expected to be equities included in the S&P 500 Index, Proposed Changes consistent with the Summary of Terms but not including securities of any type The Existing Facility is not set to and Conditions and substantially issued by or on behalf of any lender or expire until September 29, 2017; similar to the definitive documentation lender’s affiliate (‘‘Pledged S&P however, OCC is seeking an early concerning the Existing Facility, Equities’’); (ii) U.S. dollar exchange termination of the Existing Facility and although it may include certain changes traded funds for equity, fixed income or is currently negotiating the terms of a to business terms as may be necessary commodity asset classes with a market new credit facility (‘‘New Facility’’) on to obtain the agreement of lenders with capitalization of $300 million or more, substantially similar terms as the sufficient funding commitments and subject to certain additional restrictions Existing Facility together with certain certain changes as may be necessary with respect to volume and bid/asks, additional proposed modifications regarding administrative and among other things, as agreed upon by described herein. The proposed operational terms being finalized OCC and the administrative agent modifications would, among other between the parties. (‘‘Pledged ETFs’’); (iii) U.S. dollar things: (i) Change the renewal timing to The proposed changes to terms and denominated shares of foreign based an approximate June 30 annual cycle; conditions that are expected to be companies traded on a U.S. national (ii) expand the types of permitted applicable to the New Facility are exchange with a market price of $5.00 collateral under the credit agreement to described in detail below. or more per share or unit (‘‘Pledged include S&P 500 Market Index equities, ADRs,’’ and together with Pledge S&P Exchange Traded Funds (‘‘ETFs’’), and Change in Renewal Timing Equities and Pledged ETFs, ‘‘Pledged American Depositary Receipts (‘‘ADRs’’) OCC is seeking an early termination of Equities’’); 8 (iv) U.S. Government and certain GSE debt securities; (iii) the Existing Facility, which is not set to Sponsored Enterprise mortgage backed expand the definition of ‘‘Liquidity expire until September 29, 2017, and securities, excluding collateralized Needs’’ 5 in the credit agreement to proposes to change the renewal timing mortgage obligations and real estate allow OCC to borrow from the New of the New Facility. OCC’s purpose in mortgage investment conduits, rated at Facility to satisfy anticipated same-day early termination is to change to a least AA by two out of three of S&P, settlement obligations as a result of different renewal cycle so that the credit Moody’s and Fitch (‘‘Pledged GSE circumstances where a bank or facility will be renewed on or around MBS’’); and (v) non-callable debt securities or commodities clearing June 30 every year. OCC believes that securities issued by Freddie Mac within this renewal cycle is preferable because the reference debt program, securities 3 See generally Article VIII, Sections 5(a), (b) and August and September, on account of issued by Fannie Mae within its (e) of OCC’s By-Laws; Interpretation and Policy .06 traditional vacation times and the Labor to Article VIII, Section 5; OCC Rules 1102 and Day holiday, have historically been a 7 See infra note 9. 1104(b). challenging period during which to 8 Limits would be applied so that Pledged S&P 4 See Securities Exchange Act Release No. 78893 schedule negotiations and for Equities and Pledged ADRs of a single issuer would (September 21, 2016), 81 FR 66318 (September 27, not, at any time, exceed 5% of the cash or securities 2016) (SR–OCC–2016–803). that OCC pledges, and total Pledged Equities would 5 Under the Existing Facility, OCC’s ‘‘Liquidity 6 The Summary of Terms and Conditions for the not, at any time, exceed 37.5% of the total cash or Needs’’ are defined as the use of loan proceeds to New Facility clarifies certain terms regarding securities pledged. These limits, and the other obtain funds projected to be required by OCC in mandatory prepayments or deposits of additional limits that are part of the terms of the Existing anticipation of a potential default by a Clearing collateral, which, as described above, are also Facility, would not apply to borrowings in an Member. features of the Existing Facility. amount of $50 million or less.
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benchmark debt program, or non- haircuts on their market value as Other Proposed Changes callable short-term discount notes from follows: (i) Under one year, 95%; (ii) The New Facility may also limit the either Freddie Mac or Fannie Mae one year or greater but less than five scope of those eligible to act as lenders (‘‘Other Pledged GSE Securities,’’ and years, 94%; (iii) five years or greater but in the New Facility to: (i) Banks within together with Pledged GSE MBS, less than 10 years, 92%; and (iv) ten the meaning of Section 3(a)(6) of the 9 ‘‘Pledged GSE Securities’’). OCC would years or greater, 88%. For the purpose Act; 11 (ii) any subsidiary of such a bank; be able to pledge these securities to of determining the fund availability, and (iii) any corporation organized under support the New Facility using pledge also for determining the amount of Section 25A of the Federal Reserve infrastructure that is already mandatory prepayments under the Act; 12 and (iv) any agency or branch of contemplated under the terms of the terms of the New Facility, the assets in a foreign bank located within the United Existing Facility. States.13 As discussed above, the Adding these additional categories of OCC’s Clearing Fund would continue to be valued at 90% of their market value, Summary of Terms and Conditions permitted collateral to the New Facility contemplates that the New Facility serves the purpose of aligning the scope except under the New Facility, U.S. cash would be valued at 100%. These would permit the pledge of certain of permitted collateral for the New equity securities as collateral. Lending Facility with the scope of Clearing haircuts would represent commercial terms negotiated at arms-length by the secured by such securities is required to Member collateral that may become be conducted in compliance with parties. available to OCC for borrowing Federal Reserve regulations regarding purposes. Specifically, in the event of a Expansion of Use of Proceeds securities lending, including Regulation Clearing Member default, the cash and U,14 and this change would be designed securities deposited as margin by the Under the Existing Facility, OCC is to promote general consistency with Clearing Member may be used by OCC permitted to finance Liquidity Needs in such requirements. for borrowing. Should OCC draw upon anticipation of a potential default by or Finally, under the New Facility, OCC the New Facility in connection with suspension of a Clearing Member to the also expects that a new backup such a default, OCC believes that it extent permitted under OCC’s By-Laws collateral agent will be named. would be appropriate for it to have the and Rules. OCC has requested that the increased flexibility to pledge a greater Anticipated Effect on and Management New Facility also provide it with range of securities, which are permitted of Risk flexibility to be able to borrow to to be included in the defaulted Clearing Completing timely settlement is a key address reasonably anticipated same- Member’s margin deposit. aspect of OCC’s role as a clearing agency day settlement obligations under certain The Summary of Terms and performing central counterparty Conditions contemplates that the New conditions, such as the failure of any services. Overall, the New Facility Facility would also modify the ratings bank or securities or commodities would continue to promote the standards for securities that are issued clearing organization to make daily reduction of risks to OCC, its Clearing or guaranteed by the Government of settlement, to the extent such borrowing Members and the options market in Canada. Such securities would be is permitted under the By-Laws and general because it would allow OCC to acceptable as permitted collateral Rules.10 OCC believes that this obtain short-term funds to address provided that they have minimum expanded use of proceeds under the liquidity demands arising out of the ratings of AA (S&P) or Aa2 (Moody’s)— New Facility would enhance OCC’s default or suspension of a Clearing rather than AAA or Aaa as under the ability to effectively address and Member, in anticipation of a potential Existing Facility. manage its liquidity risks as they related default or suspension of Clearing The terms and conditions of the New to its daily settlement obligations, Members or the insolvency of a bank or Facility would also differ from the specifically when any bank or securities another securities or commodities Existing Facility in connection with or commodities clearing organization clearing organization. The existence of how the amount of funds available to has failed to make daily settlement with the New Facility would therefore help OCC is calculated. As under the Existing OCC. OCC minimize losses in the event of Facility, the amount would be such a default, suspension or determined in part by applying haircuts 10 Article VIII, Section 5(e) of OCC’s By-Laws insolvency, by allowing it to obtain to the market value of the different authorizes OCC to take possession of Clearing Fund funds on extremely short notice to categories of collateral pledged by OCC. assets and to use such assets for purposes of ensure clearance and settlement of However, to accommodate the new securing a borrowing in circumstances concerning transactions in options and other categories of collateral it is expected the default or suspension of a Clearing Member or contracts without interruption. OCC that Pledged S&P Equities and Pledged where OCC has otherwise sustained a loss reimbursable out of the Clearing Fund (but OCC has believes that the reduced settlement risk ETFs would be valued at 70% of their elected to borrow to meet such obligations instead presented by OCC resulting from the market value, and Pledged ADRs will be of immediately charging the Clearing Fund). OCC New Facility would correspondingly valued at 50% of their market value. has requested that the definition of ‘‘Liquidity reduce systemic risk and promote the Depending on their tenor, Pledged GSE Needs’’ under the New Facility would include the ability to borrow to address reasonably anticipated safety and soundness of the clearing Securities would also be subject to same-day obligations as a result of the failure of any system. By drawing on the New Facility, bank or securities or commodities clearing OCC would also be able to avoid 9 Article I, Section 1.G.(6) of OCC’s By-Laws organization to achieve daily settlement, but would liquidating margin deposits or Clearing provides that the term ‘‘GSE debt securities’’ means continue to be limited to the extent that such Fund contributions in what would ‘‘such debt securities issued by Congressionally borrowing is permitted under the By-Laws and chartered corporations as the Risk Committee may Rules. By limiting the ability to borrow for purposes from time to time approve for deposit as margin.’’ of financing Liquidity Needs always to the extent 11 15 U.S.C. 78c(a)(6). OCC currently does not accept Pledged GSE MBS permitted under the By-Laws and Rules, this 12 12 U.S.C. 611. for deposit as margin. As a result, the specific borrowing authority in the agreement would not 13 This explicitly does not include any savings expansion of permitted collateral to include become operative until OCC receives all necessary and loan association, any credit union, any lending Pledged GSE MBS under the New Facility would regulatory approvals for any amendments to By- institution that is an instrumentality of the United not become available to OCC until such time, if at Laws and Rules necessary to effect such a States, or any member of a national securities all, as OCC’s Risk Committee approves such borrowing, which would be the subject of a separate exchange. securities for deposit as margin. regulatory filing. 14 12 CFR 221.6.
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likely be volatile market conditions, particular, Rule 17Ad–22(e)(7) 19 Accelerated Commission Action which would preserve funds available requires that a covered clearing agency Requested to cover any losses resulting from the establish, implement, maintain and Pursuant to Section 806(e)(1)(I) of the failure of a Clearing Member, bank or enforce written policies and procedures Clearing Supervision Act,24 OCC other clearing organization. Expanding reasonably designed to effectively the scope of collateral that OCC is requests that the Commission notify measure, monitor, and manage the OCC that it has no objection to the New permitted to pledge to the New Facility liquidity risk that arises in or is borne to include the Pledged Equities and Facility not later than Friday, June 30, by it, including measuring, monitoring 2017, which shall be fifty-seven Pledged GSE Securities that OCC and managing its settlement and permits its Clearing Members to deposit calendar days from the date of OCC’s funding flows on an ongoing and timely submission of this proposed change and as margin would further this purpose by basis and its use of intraday liquidity. giving OCC greater flexibility to pledge two business days prior to the expected a broader range of collateral to the New OCC believes that the New Facility is July 5, 2017 availability of the New Facility that it determines is appropriate consistent with Section 805(b)(1) of the Facility. OCC requests Commission under the circumstances. Expanding the Clearing Supervision Act 20 and Rule action by this date to ensure that the uses of proceeds under the New Facility 17Ad–22(e)(7) 21 because it promotes New Facility is able to become effective to support Liquidity Needs in respect of robust risk management by OCC of its and will launch according to the new OCC’s settlement obligations would also liquidity risks to ensure that OCC can renewal cycle. For the reasons described further this purpose to the extent such continue meeting its settlement above, OCC believes that the new borrowing is authorized under OCC’s obligations. The New Facility would renewal cycle will help it manage certain commercial structuring and By-Laws and Rules. OCC believes that provide OCC with timely access to a administrative coordination risks the change would not otherwise affect stable and reliable liquidity funding associated with the renewal process. or alter the management of risk at OCC source to help it complete timely because the New Facility generally clearing and settlement. Expanding the III. Date of Effectiveness of the Advance preserves the same terms and conditions purposes for which borrowing proceeds Notice and Timing for Commission as the Existing Facility. may be used and the scope of permitted Action Consistency With the Payment, Clearing collateral under the New Facility would The proposed change may be and Settlement Supervision Act further the timeliness and reliability of implemented if the Commission does OCC’s access to liquidity funding, by The stated purpose of the Clearing not object to the proposed change Supervision Act is to mitigate systemic providing greater flexibility regarding (i) within 60 days of the later of: (i) The risk in the financial system and promote the use of proceeds under the New date the proposed change was filed with financial stability by, among other Facility to address and manage the Commission; or (ii) the date any things, promoting uniform risk settlement obligations and (ii) the additional information requested by the management standards for systemically collateral that OCC may determine is Commission is received. OCC shall not important financial market utilities and appropriate to pledge to support implement the proposed change if the strengthening the liquidity of borrowing in the event of a Clearing Commission has any objection to the systemically important financial market Member default. The expansion of proposed change. utilities.15 Section 805(a)(2) of the permitted collateral would better enable The Commission may extend the Clearing Supervision Act 16 also OCC to manage liquidity risk associated period for review by an additional 60 authorizes the Commission to prescribe with its settlement obligations by having days if the proposed change raises novel risk management standards for the access to a broader range of collateral to or complex issues, subject to the payment, clearing and settlement pledge to the New Facility in the form Commission providing the clearing activities of designated clearing entities, margin collateral that a defaulting agency with prompt written notice of like OCC, for which the Commission is Clearing Member may have on deposit. the extension. A proposed change may the supervisory agency. Section 805(b) Expanding the uses of proceeds under be implemented in less than 60 days of the Clearing Supervision Act 17 states the New Facility to support Liquidity from the date the advance notice is that the objectives and principles for Needs in respect of OCC’s settlement filed, or the date further information risk management standards prescribed obligations would also promote requested by the Commission is under Section 805(a) shall be to: received, if the Commission notifies the • management of settlement and funding Promote robust risk management; flows (to the extent such borrowing is clearing agency in writing that it does • promote safety and soundness; authorized under OCC’s By-Laws and not object to the proposed change and • reduce systemic risks; and authorizes the clearing agency to Rules). In these ways, the proposed • support the stability of the broader implement the proposed change on an changes are consistent with Section financial system. earlier date, subject to any conditions 805(b)(1) of the Clearing Supervision The Commission has adopted risk imposed by the Commission. Act 22 and Rule 17Ad–22(e)(7).23 management standards under Section OCC shall post notice on its Web site 805(a)(2) of the Clearing Supervision of proposed changes that are Act and the Act in furtherance of these 18 implemented. objectives and principles. In Standards for Covered Clearing Agencies became effective on December 12, 2016. OCC is a ‘‘covered IV. Solicitation of Comments 15 12 U.S.C. 5461(b). clearing agency’’ as defined in Rule 17Ad–22(a)(5) 16 12 U.S.C. 5464(a)(2). and therefore OCC must comply with new section Interested persons are invited to 17 12 U.S.C. 5464(b). (e) of Rule 17Ad–22 as of April 11, 2017. submit written data, views and 18 17 CFR 240. 17Ad–22. See Securities Exchange 19 17 CFR 240.17Ad–22(e)(7). arguments concerning the foregoing. Act Release Nos. 68080 (October 22, 2012), 77 FR 20 12 U.S.C. 5464(b)(1). Comments may be submitted by any of 66220 (November 2, 2012) (S7–08–11) (‘‘Clearing 21 17 CFR 240.17Ad–22(e)(7). the following methods: Agency Standards’’); 78961 (September 28, 2016), 81 FR 70786 (October 13, 2016) (S7–03–14) 22 12 U.S.C. 5464(b)(1). (‘‘Standards for Covered Clearing Agencies’’). The 23 17 CFR 240.17Ad–22(e)(7). 24 12 U.S.C. 5465(e)(1)(I).
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Electronic Comments market utilities.25 Section 805(a)(2) of The Commission believes that the • Use the Commission’s Internet the Clearing Supervision Act authorizes changes proposed in the Advance comment form (http://www.sec.gov/ the Commission to prescribe risk Notice are consistent with promoting rules/sro.shtml); or management standards for the payment, robust risk management, in particular • Send an email to rule-comments@ clearing, and settlement activities of management of liquidity risk. In sec.gov. Please include File Number SR– designated clearing entities and particular, the terms of the proposed OCC–2017–803 on the subject line. financial institutions engaged in New Facility give OCC expanded designated activities for which it is the flexibility to manage liquidity stresses Paper Comments supervisory agency or the appropriate arising from a Clearing Member default 26 • Send paper comments in triplicate financial regulator. Section 805(b) of by broadening the range of collateral 27 to Secretary, Securities and Exchange the Clearing Supervision Act states that OCC can pledge to the facility. The Commission, 100 F Street NE., that the objectives and principles for the expanded range of collateral that may be Washington, DC 20549. risk management standards prescribed pledged therefore affords OCC a new under Section 805(a) shall be to: option of pledging margin assets other All submissions should refer to File • Promote robust risk management; than cash, U.S. Government Securities, Number SR–OCC–2017–803. This file • promote safety and soundness; and Canadian Government Securities as number should be included on the • reduce systemic risks; and an alternative to its existing choices of • subject line if email is used. To help the support the stability of the broader either liquidating other margin Commission process and review your financial system.28 collateral or pledging primarily Clearing comments more efficiently, please use The Commission has adopted risk Fund collateral in order to access the only one method. The Commission will management standards under Section Existing Facility.35 The broader post all comments on the Commission’s 805(a)(2) of the Clearing Supervision collateral eligibility reflected in the 29 Internet Web site (http://www.sec.gov/ Act and Section 17A of the Exchange proposed New Facility also would bring 30 rules/sro.shtml). Copies of the Act (‘‘Rule 17Ad–22’’). Rule 17Ad–22 OCC’s liquidity risk management submission, all subsequent requires registered clearing agencies to resources in line with those of other amendments, all written statements establish, implement, maintain, and CCPs that already have the ability to with respect to the advance notice that enforce written policies and procedures pledge equities to their revolving credit are filed with the Commission, and all that are reasonably designed to meet facility liquidity lines.36 In addition, written communications relating to the certain minimum requirements for their broadening the definition of ‘‘Liquidity advance notice between the operations and risk management Needs’’ in the New Facility to address 31 Commission and any person, other than practices on an ongoing basis. losses that may arise when a bank or those that may be withheld from the Therefore, it is appropriate for the securities or commodities clearing public in accordance with the Commission to review changes organization has failed to make daily provisions of 5 U.S.C. 552, will be proposed in advance notices against settlement with OCC (as opposed to the available for Web site viewing and Rule 17Ad–22 and the objectives and narrower instance under the Existing printing in the Commission’s Public principles of the risk management Facility of losses from a bankruptcy or Reference Room, 100 F Street NE., standards described in Section 805(b) of insolvency of a bank or securities or Washington, DC 20549 on official the Clearing Supervision Act.32 The commodities clearing organization)— business days between the hours of Commission believes that the proposal subject to necessary amendments of 10:00 a.m. and 3:00 p.m. Copies of the in the Advance Notice is consistent with OCC’s By-Laws and Rules and filing also will be available for the objectives and principles described concomitant regulatory approvals 37— inspection and copying at the principal in Section 805(b) of the Clearing would further enhance OCC’s ability to office of OCC and on OCC’s Web site at Supervision Act,33 and in Rule 17Ad–22 continue to meet its settlement http://www.theocc.com/components/ under the Exchange Act, particularly obligations. As such, the Commission docs/legal/rules_and_bylaws/sr_occ_17_ Rule 17Ad–22(e)(7).34 believes that the proposal would 803.pdf. A. Consistency With Section 805(b) of promote robust risk management All comments received will be posted the Clearing Supervision Act without change; the Commission does 35 The Commission notes that OCC does not not edit personal identifying As discussed below, the Commission currently accept Pledged GSE MBS for deposit as information from submissions. You believes that the changes proposed in margin, and that OCC has represented that it will the Advance Notice are consistent with not do so unless and until OCC’s Risk Committee should submit only information that approves such securities for deposit as margin, in you wish to make available publicly. Section 805(b) of the Clearing accordance with OCC’s By-laws. See supra note 9. All submissions should refer to File Supervision Act because they: (i) 36 The Commission notes that the National Number SR–OCC–2017–803 and should Promote robust risk management; (ii) are Securities Clearing Corporation has the right to post be submitted on or before July 27, 2017. consistent with promoting safety and equity securities as part of its revolving credit soundness; and (iii) are consistent with facility. See Securities Exchange Act Release No. V. Commission Findings and Notice of 69557 (May 10, 2013), 78 FR 28936, 28936 & n.5 reducing systemic risks and promoting (May 16, 2013) (SR–NSCC–2013–803); see also No Objection the stability of the broader financial NSCC Rules and Procedures, Rule 4 (http:// _ _ Although the Clearing Supervision system. dtcc.com/legal/rules proc/nscc rules.pdf). 37 The Commission notes that OCC has Act does not specify a standard of represented that the expanded borrowing authority review for an advance notice, its stated 25 12 U.S.C. 5461(b). in this agreement would not become operative purpose is instructive: to mitigate 26 12 U.S.C. 5464(a)(2). unless and until OCC receives all necessary systemic risk in the financial system 27 12 U.S.C. 5464(b). regulatory approvals for any amendments to its By- 28 Laws and Rules necessary to effect such a and promote financial stability by, Id. 29 12 U.S.C. 5464(a)(2). borrowing, which would be subject to a separate among other things, promoting uniform 30 See 17 CFR 240.17Ad–22. regulatory filing with the Commission. See supra risk management standards for 31 note 10. For the purposes of the findings herein, the Id. Commission relies on this representation and systemically important financial market 32 12 U.S.C. 5464(b). expects that OCC will make a separate regulatory utilities and strengthening the liquidity 33 Id. filing in connection with effecting consistent of systemically important financial 34 See 17 CFR 240.17Ad–22(e)(7). changes of this sort to its By-Laws and Rules.
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practices at OCC, consistent with B. Consistency With Rule 17Ad–22(e)(7) would provide OCC with additional Section 805(b) of the Clearing liquidity to manage scenarios outside of The Commission believes that the Supervision Act.38 proposed changes associated with the a Clearing Member default, thereby The Commission also believes that the New Facility are consistent with the mitigating the likelihood of liquidity changes proposed in the Advance requirements of Rule 17Ad–22(e)(7) stress to OCC. The additional features of Notice are consistent with promoting under the Exchange Act.39 This rule the New Facility described above would safety and soundness. The New Facility requires that a covered clearing agency support OCC’s ability to meet liquidity would continue to provide OCC with a establish, implement, maintain, and needs and to effect same-day, intraday, liquidity resource in the event of a enforce written policies and procedures and multiday settlement payment participant default or of losses due to reasonably designed to ‘‘effectively obligations under a wider range of stress the bankruptcy or insolvency of a bank measure, monitor, and manage the scenarios than under the Existing or securities or commodities clearing liquidity risk that arises in or is borne Facility. Therefore, the Commission organization. Subject to amendment of by [it], including measuring, believes that the proposal is consistent OCC’s By-Laws and Rules and related monitoring, and managing its settlement with Rule 17Ad–22(e)(7)(i).43 regulatory approvals, the New Facility and funding flows on an ongoing and Finally, Rule 17Ad–22(e)(7)(ii) under also would provide liquidity to OCC in timely basis, and its use of intraday the Exchange Act requires that OCC 40 the event of a failure by a bank or liquidity.’’ establish, implement, maintain, and securities or commodities clearing In particular, Rule 17Ad–22(e)(7)(i) enforce written policies and procedures organization to perform same-day directs that a covered clearing agency reasonably designed to hold qualifying settlement obligations outside the meet this obligation by, among other liquid resources sufficient to satisfy context of such bank or clearing things, ‘‘[m]aintaining sufficient liquid payment obligations owed to clearing resources at the minimum in all relevant organization’s bankruptcy or members.44 Rule 17Ad–22(a)(14) of the currencies to effect same-day . . . insolvency. This expanded set of Exchange Act defines ‘‘qualifying liquid settlement of payment obligations with circumstances in which OCC could resources’’ to include, among other access liquidity would promote safety a high degree of confidence under a wide range of foreseeable stress things, lines of credit without material and soundness for OCC and its Clearing adverse change provisions, that are Members because it would provide OCC scenarios that includes, but is not limited to, the default of the participant readily available and convertible into with a readily available liquidity 45 family that would generate the largest cash. Based upon review of the resource that would enable it to relevant provisions of the Summary of continue to meet its settlement aggregate payment obligation for the covered clearing agency in extreme but Terms and Conditions, the Commission obligations in a timely fashion, thereby plausible conditions.’’ 41 believes that the New Facility would not helping OCC to contain losses and The Commission believes that the be subject to any material adverse liquidity pressures that otherwise might change provision, and is thus consistent cause financial distress to OCC or its proposal is consistent with Exchange Act Rule 17Ad–22(e)(7)(i). The with Rule 17Ad–22(a)(14).46 Further, Clearing Members. As such, the and as described above, the New Commission believes the proposed proposed New Facility would permit Facility is designed to help ensure that change is consistent with promoting OCC to pledge a broader range of collateral to the facility, and therefore OCC has sufficient, readily-available safety and soundness, as contemplated would allow OCC to utilize a greater qualifying liquid resources to meet the in Section 805(b) of the Clearing range of margin collateral to obtain cash settlement obligations of OCC’s Supervision Act. liquidity from the facility, as an largest family of affiliated Clearing Finally, the Commission believes that alternative to selling such collateral Members. Therefore, the Commission the Advance Notice is consistent with under what may be stressed and volatile believes that the proposal is consistent reducing systemic risks and promoting market conditions and as an alternative with Rule 17Ad–22(e)(7)(ii).47 the stability of the broader financial to pledging collateral deposited to the system. The New Facility would Clearing Fund. The proposal thus VI. Conclusion provide OCC, which has been increases OCC’s flexibility to respond to It is therefore noticed, pursuant to designated a systemically important a clearing member default by providing Section 806(e)(1)(I) of the Clearing financial market utility, with a more OCC with greater opportunity, Supervision Act, that the Commission flexible and thus improved, liquidity depending on prevailing market resource. The Commission believes that conditions, to select among different does not object to the Advance Notice the New Facility should bolster the types of collateral assets and make SR–OCC–2017–803 and OCC can and likelihood that OCC will meet its efficient use of margin collateral and to hereby is authorized to implement the settlement obligations, thereby reducing preserve Clearing Fund assets in change as of the date of this notice. the risk of loss contagion and enhancing managing a Clearing Member default. By the Commission. the ability of OCC and its Clearing The New Facility also would permit Brent J. Fields, OCC to cover any losses resulting from Members to provide reliability, stability, Secretary. the failure of a bank or other clearing and safety to the financial markets that [FR Doc. 2017–14187 Filed 7–5–17; 8:45 am] they serve. Accordingly, the organization to achieve same-day Commission believes that the proposal settlement, subject to further internal BILLING CODE 8011–01–P could help to reduce systemic risk and governance and concomitant regulatory support the stability of the broader approvals that OCC must obtain.42 This a further OCC regulatory filing to make the changes to its By-Laws and Rules. See note 10, supra. financial system, consistent with 43 39 17 CFR 240.17Ad–22(e)(7). Id. Section 805(b) of the Clearing 44 40 Id. 17 CFR 240.17Ad–22(e)(7)(ii). Supervision Act. 45 41 17 CFR 240.17Ad–22(e)(7)(i). 17 CFR 240.17Ad–22(a)(14). 42 As stated above, OCC’s ability to utilize 46 Id. 38 12 U.S.C. 5464(b). borrowings for these purposes would be subject to 47 17 CFR 240.17Ad–22(e)(7)(ii).
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SECURITIES AND EXCHANGE self-regulatory organization consents, SECURITIES AND EXCHANGE COMMISSION the Commission shall either approve the COMMISSION [Release No. 34–81052; File No. SR–IEX– proposed rule change, disapprove the 2017–11] proposed rule change, or institute [Release No. 34–80930A; File No. 4–698] proceedings to determine whether the Self-Regulatory Organizations; proposed rule change should be Joint Industry Plan; Notice of Filing Investors Exchange LLC; Notice of disapproved. The 45th day after and Immediate Effectiveness of Designation of a Longer Period for publication of the notice for this Amendment No. 2 to the National Commission Action on a Proposed proposed rule change was June 12, Market System Plan Governing the Rule Change To Modify the Manner in 2017. IEX consented to an extension of Consolidated Audit Trail by Bats BYX Which the Exchange Opens Trading time for the Commission to act on the Exchange, Inc., Bats BZX Exchange, for Non-IEX-Listed Securities proposal until July 5, 2017.7 The Inc., Bats EDGA Exchange, Inc., Bats June 29, 2017. Commission is further extending the EDGX Exchange, Inc., BOX Options On April 13, 2017, the Investors time period for Commission action on Exchange LLC, C2 Options Exchange, Exchange LLC (‘‘IEX’’ or the the proposed rule change. Incorporated, Chicago Board Options ‘‘Exchange’’) filed with the Securities The Commission finds that it is Exchange, Incorporated, Chicago and Exchange Commission appropriate to designate a longer period Stock Exchange, Inc., Financial (‘‘Commission’’), pursuant to Section within which to take action on the Industry Regulatory Authority, Inc., 19(b)(1) of the Securities Exchange Act proposed rule change so that it has Investors’ Exchange LLC, Miami 1 of 1934 (‘‘Act’’) and Rule 19b–4 sufficient time to consider the proposed International Securities Exchange, 2 thereunder, a proposed rule change to rule change, as modified by Amendment LLC, MIAX PEARL, LLC, NASDAQ BX, modify the manner in which the No. 3. Accordingly, the Commission, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, Exchange opens trading for non-IEX- pursuant to Section 19(b)(2) of the Act,8 LLC, Nasdaq MRX, LLC, NASDAQ listed securities beginning at the start of designates July 27, 2017, as the date by PHLX LLC, The NASDAQ Stock Market Regular Market Hours and make related LLC, New York Stock Exchange LLC, changes. The proposed rule change was which the Commission shall either approve or disapprove, or institute NYSE Arca, Inc., NYSE MKT LLC and published for comment in the Federal NYSE National, Inc.; Correction Register on April 28, 2017.3 On May 19, proceedings to determine whether to 2017, IEX filed Amendment No. 1 to the disapprove, the proposed rule change June 30, 2017. proposal. On June 9, 2017, IEX (File No. SR–IEX–2017–11), as modified AGENCY: consented to an extension of time for by Amendment No. 3. Securities and Exchange Commission. the Commission to act on the proposal For the Commission, by the Division of until July 5, 2017.4 On June 22, 2017, Trading and Markets, pursuant to delegated ACTION: Notice; correction. IEX filed Amendment No. 2 to the authority.9 proposal, which superseded and Jill M. Peterson, SUMMARY: The Securities and Exchange replaced Amendment No. 1 in its Assistant Secretary. Commission published a document in entirety. On June 29, 2017, IEX filed [FR Doc. 2017–14143 Filed 7–5–17; 8:45 am] the Federal Register on June 20, 2017, Amendment No. 3 to the proposal, concerning a Notice of Filing and BILLING CODE 8011–01–P which superseded and replaced Immediate Effectiveness of Amendment Amendment No. 2 in its entirety.5 The No. 2 to the National Market System Commission received no comments on Plan Governing the Consolidated Audit the proposed rule change. Section 19(b)(2) of the Act 6 provides Trail. The document contained two that within 45 days of the publication of typographical errors. notice of the filing of a proposed rule FOR FURTHER INFORMATION CONTACT: change, or within such longer period up Jennifer L. Colihan, Special Counsel, to 90 days as the Commission may Division of Trading and Markets, designate if it finds such longer period Securities and Exchange Commission, to be appropriate and publishes its 100 F Street NE., Washington, DC reasons for so finding or as to which the 20549, (202) 551–5642.
1 15 U.S.C.78s(b)(1). Correction 2 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 80514 In the Federal Register of June 20, (April 24, 2017), 82 FR 19763. 2017, in FR Doc 2017–12771, on page 4 See letter from Claudia Crowley, Chief 28180, in the first line under the Regulatory Officer, IEX, to Richard Holley, Assistant Director, Division of Trading and Markets, heading ‘‘Introduction’’ in the second Commission, dated June 9, 2017. column, correct the date ‘‘May 9, 2017’’ 5 Amendment No. 3 revised the proposal to (i) instead to ‘‘May 23, 2017.’’ provide additional clarity regarding the process for determining the Opening Match Price; (ii) modify On page 28180, in footnote 4 in the the definition of ‘‘Cross Tie Breaker’’ to account for third column, correct the date ‘‘May 8, a scenario involving securities in Test Groups Two 2017’’ instead to ‘‘May 22, 2017.’’ Add and Three of the Plan to Implement a Tick Size Pilot Program; and (iii) correct certain typographical the following sentence after the first errors. Amendment No. 3 also revised the proposal sentence of footnote 4, ‘‘The to fix an error in the proposed rule text in 7 Participants initially submitted the Amendment No. 2 and correct additional See supra note 4. typographical errors. 8 15 U.S.C. 78s(b)(2). amendment on May 9, 2017, but 6 15 U.S.C. 78s(b)(2). 9 17 CFR 200.30–3(a)(31). subsequently withdrew the amendment
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and refiled the submission on May 23, would (1) change the time that FICC settles all SBO-Destined Transactions, 2017.’’ treats itself as the settlement Trade-for-Trade Transactions, and counterparty for SBO-Destined Trades 5 Specified Pool Trades, as proposed; (2) Brent J. Fields, to the time of trade comparison, which establishing the ‘‘Do Not Allocate’’ Secretary. is earlier in the lifecycle of the trade (‘‘DNA’’) process, which would allow [FR Doc. 2017–14199 Filed 7–5–17; 8:45 am] than the current practice; (2) change the Clearing Members 10 to offset SBON BILLING CODE 8011–01–P time that FICC novates 6 and treats itself Trades 11 and Trade-for-Trade as the settlement counterparty for Transactions; (3) establishing the Trade-for-Trade Transactions 7 to the ‘‘Expanded Pool Netting’’ process, SECURITIES AND EXCHANGE time of trade comparison, which is which would net Pool Instructs 12 COMMISSION earlier in the lifecycle of the trade than stemming from SBON Trades and [Release No. 34–81051; File No. SR–FICC– the current practice; (3) regarding Trade-for-Trade Transactions to arrive at 2017–012] Specified Pool Trades,8 novate and a single net position per counterparty in establish FICC as the settlement a particular Pool Number 13 for next-day Self-Regulatory Organizations; Fixed counterparty at the time of trade delivery; (4) eliminating the ‘‘give-up’’ Income Clearing Corporation; Order comparison; and (4) regarding process for Brokered Transactions,14 as Approving a Proposed Rule Change to Stipulated Trades 9 (a new proposed the process would become obsolete once the Mortgage-Backed Securities trade type), guarantee, novate, and FICC novates and settles all such Division Clearing Rules Regarding establish FICC as the settlement transactions, as proposed; and (5) Fixed Income Clearing Corporation’s counterparty at the time of trade amending the components of the Cash (1) Time of Novation, (2) Treatment of comparison. Settlement 15 calculation to reflect the Itself as the Settlement Counterparty The Proposed Rule Change also changes above. for Certain Transaction Types, and (3) includes several changes to the MBSD Finally, the Proposed Rule Change Proposal to Implement New Processes Rules regarding the operational would modify FICC’s Real-Time Trade to Promote Operational Efficiencies for processes for clearing MBSD trades. Matching (‘‘RTTM’’) system to remove Its Clearing Members These changes include (1) eliminating size restrictions on SBO-Destined the Notification of Settlement process Trades. Since trade size submission June 29, 2017. regarding trades that currently settle I. Introduction bilaterally, as the process would become 10 The term ‘‘Clearing Member’’ means any entity obsolete once FICC novates and directly admitted into MBSD membership pursuant to On May 15, 2017, Fixed Income MBSD Rule 2A. MBSD Rule 1, supra note 4. Clearing Corporation (‘‘FICC’’) filed 11 The proposed MBSD Rules would use the term 5 with the Securities and Exchange The Proposed Rule Change would add the new ‘‘SBON Trades’’ to signify obligations that result defined term ‘‘SBO’’ to define the settlement Commission (‘‘Commission’’) proposed from the TBA Netting process. Such obligations balance orders that constitute the net positions of would reflect FICC as the settlement counterparty. rule change SR–FICC–2017–012, a Clearing Member as a result of the TBA Netting 12 The term ‘‘Pool Instruct’’ is defined in FICC’s process. Notice, 82 FR at 23860. The term ‘‘SBO- pursuant to Section 19(b)(1) of the MBS Pool Netting User Guide to mean ‘‘[a]n input Securities Exchange Act of 1934 Destined Trade’’ means a ‘‘To-Be-Announced’’ (‘‘TBA’’) transaction intended for TBA Netting. used by a [M]ember to submit pool details directly 1 2 (‘‘Act’’) and Rule 19b–4 thereunder MBSD Rule 1, supra note 4. TBA transactions are into [FICC’s Real-Time Trade Matching System] (hereinafter, ‘‘Proposed Rule Change’’). trades for which the actual identities of and/or the pool netting for bilateral matching and assignment to a corresponding open TBA position as a The Proposed Rule Change was number of pools underlying each trade are unknown at the time of trade execution. See Notice, prerequisite to pool netting. FICC MBS Pool Netting published for comment in the Federal 82 FR at 23854. ‘‘TBA Netting’’ means the netting User Guide, available at http://www.dtcc.com/ 3 Register on May 24, 2017. The service that FICC provides to Clearing Members in clearing-services/ficc-mbsd/ficc-mbsd-user- Commission received no comments to connection with TBA transactions. MBSD Rule 1, documentation. 13 the Proposed Rule Change. This order supra note 4. The MBSD settlement balance order The term ‘‘Pool Number’’ is defined in FICC’s (‘‘SBO’’) system nets trades within the same MBS Pool Netting User Guide to mean a ‘‘[u]nique approves the Proposed Rule Change. mortgage backed security (‘‘MBS’’) product, coupon number assigned by the industry to identify the II. Description of the Proposed Rule rate, maturity, and settlement date. The SBO system pool (in addition to the pool CUSIP [(i.e., the provides netting efficiencies, eliminating the need Committee on Uniform Securities Identification Change for Clearing Members to settle all but the resulting Procedures identifying number for a security)], The Proposed Rule Change consists of net buy and sell obligations. since the pool CUSIP is not always known at the 6 Novation terminates the obligations between time of issuance).’’ FICC MBS Pool Netting User modifications to FICC’s Mortgage- Clearing Members to deliver, receive, and make Guide, supra note 12. Backed Securities Division (‘‘MBSD’’) payments to each other, and replaces those 14 The term ‘‘Brokered Transaction’’ means any Clearing Rules (‘‘MBSD Rules’’).4 obligations with identical obligations between the ‘‘give-up’’ transaction calling for the delivery of a Specifically, the Proposed Rule Change Clearing Members and FICC. MBSD Rule 5 Section security for which data has been submitted to FICC 13, supra note 4. by Members, in transactions to which a Broker is 7 The term ‘‘Trade-for-Trade Transaction’’ means a party. MBSD Rule 1, supra note 4. FICC operates 1 15 U.S.C. 78s(b)(1). a TBA transaction submitted to FICC that is not its brokered business on a ‘‘give-up’’ basis, which 2 17 CFR 240.19b–4. intended for TBA Netting. MBSD Rule 1, supra note means that MBSD discloses (i.e., ‘‘gives-up’’) the 3 Securities Exchange Act Release No. 80716 (May 4. Entities use Trade-for-Trade Transactions either identity of each Dealer (i.e., a Member that is in the 18, 2017), 82 FR 23852 (May 24, 2017) (SR–FICC– by choice or for trades that are not eligible for business of buying and selling Securities as 2017–012) (‘‘Notice’’). netting. principal, either directly or through a Broker.) to a 4 FICC is comprised of two divisions, MBSD and 8 The term ‘‘Specified Pool Trade’’ means a trade Brokered Transaction after a period of time. MBSD the Government Securities Division (‘‘GSD’’). MBSD in which all required pool data, including the pool Rule 1; Rule 5 Section 7, supra note 4. provides, among other things, clearance and number to be delivered upon settlement are agreed 15 The term ‘‘Cash Settlement’’ refers to the settlement for trades in mortgage-backed securities. by the counterparties at the time of trade execution. payment each business day by FICC to a Member GSD provides, among other things, clearance and MBSD Rule 1, supra note 4. or by a Member to FICC pursuant to Rule 11. MBSD settlement for trades in U.S. government debt 9 A ‘‘Stipulated Trade’’ is a trade in which pools Rule 1, supra note 4. Cash Settlement is a daily issues. MBSD and GSD maintain separate sets of allocated and delivered against the trade must process of generating a single net credit or debit rules, margin models, and clearing funds. The satisfy certain conditions that are agreed upon by cash amount at the ‘‘Aggregated Account’’ level Proposed Rule Change relates solely to the MBSD the parties at the time of trade execution. See (i.e., either a single account linked to an aggregate Rules. Capitalized terms used and not otherwise Notice, 82 FR at 23856. Trades carrying stipulations ID or a set of accounts linked to an aggregate ID for defined shall have the meaning assigned to such may reflect terms that include, but are not limited the processing of transactions.) Clearing Members’ terms in the MBSD Rules or the FICC MBSD EPN to issuance year, issuance month, weighted average Cash Settlement obligations are calculated on a net Rules, as applicable, available at http:// coupon, weighted average maturity and/or weighted basis at the aggregate ID level. MBSD Rule 1, supra www.dtcc.com/en/legal/rules-and-procedures. average loan age, etc. note 4.
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requirements are not reflected in the SBO-Destined Trades.22 Three business relevant counterparty is the Original MBSD Rules, this change would not days prior to the established settlement Contra-Side Member. For SBO-Destined require changes to the MBSD Rules. date of the TBA settlement obligations Trades, although FICC is the legal (referred to as ‘‘72-Hour Day’’),23 TBA counterparty, Clearing Members are A. MBSD’s Current Trade Comparison Netting for the applicable class occurs. directed to treat a designated SBO and Netting Processes On 72-Hour Day, all compared SBO- Contra-Side Member 28 as their MBSD currently processes four types Destined Trades within the class that counterparty.29 Clearing Members are of trades: (1) SBO-Destined Trades; (2) have been designated for the TBA required to submit Pool Instructs on 48- Trade-for-Trade Transactions; (3) Netting process are netted within and Hour Day to MBSD through its RTTM Specified Pool Trades; and (4) Option across counterparties. Even though FICC system for Pool Comparison 30 (which is Contracts. SBO-Destined Trades and has become the legal counterparty for a prerequisite to Pool Netting).31 Trade Trade-for-Trade Transactions are TBA each SBO-Destined Trade upon trade counterparties must bilaterally match transactions, which are trades for which comparison, TBA Netting occurs as their respective pools. At this stage, the the actual identities of and/or the though each SBO-Destined Trade is Pool Netting System processes the number of pools underlying each trade with the Original Contra-Side compared pool allocations (provided are unknown at the time of trade Member.24 The net positions created by that neither Clearing Member has execution. Specified Pool Trades are the TBA Netting process are referred to cancelled the submitted allocation).32 trades for which all pool data is agreed as the settlement balance order Pool netting takes place one business upon by the Clearing Members at the positions (‘‘SBO positions’’), which day prior to the established settlement time of trade execution. Option constitute settlement obligations against date of the TBA settlement obligations Contracts are not addressed by the which Clearing Members will submit (referred to as ‘‘24-Hour Day’’). The Pool Proposed Rule Change. Pool Instructs for the Pool Netting Netting system reduces the number of The first step of MBSD’s clearance process.25 pool settlements by netting Pool and settlement process is trade Two business days prior to the Instructs stemming from SBO Trades comparison, which consists of the established settlement date of the TBA and Trade-for-Trade Transactions to reporting, validating, and matching by settlement obligations (referred to as arrive at a single net position per FICC of both sides of a transaction to ‘‘48-Hour Day’’), Clearing Members that counterparty in a particular pool ensure that the details of the trades are have an obligation to deliver pools number for next-day delivery. in agreement between the parties.16 (‘‘Pool Sellers’’) must notify their On each business day, MBSD makes Clearing Members enter trade data into counterparties (‘‘Pool Buyers’’) through available to each Clearing Member a the RTTM system, and once the trade is MBSD’s Electronic Pool Notification report with information to enable such Clearing Member to settle its Pool Net deemed compared, FICC guarantees Service (‘‘EPN Service’’) 26 of the Settlement Positions 33 on that business settlement of the trade, provided that relevant Pool Instructs (i.e., pools that day. At that time, all deliver, receive the trade meets the requirements of the such Pool Sellers intend to allocate in and related payment obligations MBSD Rules and was entered into in satisfaction of their SBO positions and/ 17 between Clearing Members resulting good faith. or Trade-for-Trade Transactions).27 For FICC novates SBO-Destined Trades Trade-for-Trade Transactions, the upon trade comparison.18 In contrast, 28 The term ‘‘SBO Contra-Side Member’’ means the Member with whom a Member is directed by FICC does not novate Trade-for-Trade 22 Although Trade-for-Trade Transactions are not the Corporation to settle an SBO Trade. The term Transactions at the time of trade netted through the TBA Netting system, they ‘‘SBO Trade’’ means a settlement balance order that comparison. However, FICC guarantees constitute TBA settlement obligations against which offsets an SBO Net Open Position pursuant to the the settlement of Trade-for-Trade Pool Instructs may be submitted. Specified Pool MBSD Rules. A Member which has one or more Trades are also not netted through the TBA Netting ‘‘Long SBO Trades’’ in a particular CUSIP number 19 Transactions upon trade comparison. system, nor do such trades enter the Pool Netting is a net purchaser with respect to that CUSIP FICC treats Stipulated Trades as Trade- system. MBSD Rules 6 and 8, supra note 4. number, as the case may be; a Member which has for-Trade Transactions because Clearing 23 MBSD performs the TBA Netting process four one or more ‘‘Short SBO Trades’’ is a net seller. Members currently do not notify FICC of times per month, corresponding to each of the four MBSD Rule 1, supra note 4. An ‘‘SBON Contra-Side primary settlement classes and dates established by Member’’ is an SBO Contra-Side Member that is not the stipulations. Similarly, Specified the Securities Industry Financial Markets an Original Contra-Side Member with respect to Pool Trades are not novated upon trade Association (‘‘SIFMA’’). SIFMA publishes a such SBO Trade. An ‘‘SBOO Contra-Side Member’’ comparison. However, FICC guarantees calendar that specifies one settlement date per is an SBO Contra-Side Member that is also an the obligations of Specified Pool Trade month for four different product classes (known as Original Contra-Side Member with respect to such Classes A, B, C and D) that are used to categorize SBO Trade. MBSD Rule, supra note 4. counterparties to deliver, receive, and the various types of TBA securities. These product 29 A Clearing Member’s ‘‘counterparty’’ for make payment for securities that satisfy classes and the associated settlement dates are purposes of notifications, netting, and processing is the same generic criteria as the recognized by the industry, and they provide the the SBO Contra-Side Member or the Original securities underlying Specified Pool foundation for MBSD’s TBA Netting process. Contra-Side Member for SBO-Destined Trades and 24 Trade-for-Trade Transactions, respectively. MBSD 20 The term ‘‘Original Contra-Side Member’’ Trades upon trade comparison. means a Member with whom a Member has entered Rule 6, supra note 4. MBSD employs two netting processes into a contract for the purchase or sale of a security. 30 The term ‘‘Pool Comparison’’ means the service to reduce settlement obligations as well MBSD Rule 1, supra note 4. provided to Clearing Members, as applicable, and as the number of securities and the 25 MBSD Rule 6, supra note 4. the operations carried out by FICC in the course of amount of cash to be exchanged at 26 MBSD’s electronic pool notification service providing such service, in accordance with Rule 7. (the ‘‘EPN Service’’) provides Clearing Members MBSD Rule 1, supra note 4. settlement: The TBA Netting system; with the ability to electronically communicate pool 31 As with the EPN Service allocation process and the Pool Netting system.21 The TBA information to MBSD, as described in the proposed described above, Clearing Members submit Pool Netting system is used to net eligible rule changes. MBSD Rule 1, supra note 4. Instructs against all of their TBA Obligations, 27 Pool allocations occur for all TBA Obligations, regardless of whether the TBA Obligation is established upon trade comparison or stems from 16 MBSD Rule 5, supra note 4. whether established on 72-Hour Day through the TBA Netting process or established upon the TBA Netting process. 17 MBSD Rule 5 Section 8, supra note 4. comparison when the Trade-for-Trade Transaction 32 MBSD Rule 8, supra note 4. 18 MBSD Rule 5 Section 13, supra note 4. was submitted. Pool allocations are not performed 33 The term ‘‘Pool Net Settlement Position’’ means 19 Id. for Specified Pool Trades because the pool that is either a Pool Net Short Position or a Pool Net Long 20 MBSD Rule 5 Section 12, supra note 4. to be delivered in connection with such trade is Position, as the context requires. MBSD Rule 1, 21 MBSD Rules 6, 7 and 8, supra note 4. specified upon submission. supra note 4.
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from compared pools that comprise a that satisfy the same generic criteria Instructs by the established deadline, Pool Net Settlement Position or (such as coupon rate, maturity, agency, FICC would determine and apply the Positions are terminated and replaced and product) as the securities Pool Instructs for that Clearing Member. by the Pool Deliver Obligations,34 Pool underlying the Specified Pool Trades or Such determination would be based on Receive Obligations,35 and related Stipulated Trades.38 In addition, FICC the allocated pools that the Clearing payment obligations to and from FICC. proposes to treat itself as the settlement Member has submitted through the EPN Each Clearing Member then provides counterparty throughout the lifecycle of Service. As a result of this proposed appropriate instructions to its clearing the trade for netting, processing, and change, all pools would be compared, bank to deliver to MBSD, and/or to settlement purposes.39 These changes and FICC would no longer require receive from MBSD, Eligible Securities are described in detail below. Clearing Members to settle uncompared against payment or receipt at the pools directly with their applicable 1. SBO-Destined Trades appropriate settlement value. settlement counterparties (i.e., outside Clearing Members are required to As described above, FICC currently of FICC). settle certain obligations directly with novates SBO-Destined Trades at the Additionally, FICC proposes to their applicable settlement time of trade comparison; however, eliminate the trade size restriction for counterparties (i.e., outside of FICC).36 FICC does not currently treat itself as SBO-Destined Trades. Currently, SBO- These obligations include (1) Pool the settlement counterparty for netting Destined Trades are only eligible for the Instructs that are not included in Pool and processing purposes until after the TBA Netting process in multiple Netting (either because they are Pool Netting process is complete and amounts of one million, with the ineligible or because they do not meet FICC has established Pool Receive minimum set at one million. FICC selection criteria for inclusion); and (2) Obligations or Pool Deliver Obligations. proposes to remove this size restriction Specified Pool Trades, which are not As a result, Clearing Members are from the RTTM system so that Clearing eligible for Pool Netting. Upon settling directed to (1) allocate pools through the Members would be permitted to submit such obligations, Clearing Members EPN Service to designated SBO Contra- SBO-Destined Trades in any trade size. must notify FICC by submitting a Side Members and (2) submit Pool Since trade size restrictions are not Notification of Settlement to MBSD for Instructs through the RTTM system.40 reflected in the MBSD Rules, this pool settlements relating to all trade Under the Proposed Rule Change, proposed change would not necessitate types (excluding Option Contracts).37 FICC would treat itself as settlement any changes to the MBSD Rules. For the Notification of Settlement is required for counterparty for netting and processing avoidance of doubt, FICC does not bilateral settlement because MBSD will purposes from the time of trade propose to change the trade size not otherwise know that the subject comparison. SBO-Destined Trades restrictions for Trade-for-Trade pools have actually settled directly would proceed to the TBA Netting Transactions or Specified Pool Trades. process as they do currently; however, between Clearing Members. Upon both 2. Trade-for-Trade Transactions Clearing Members’ submission of the SBO positions that result from the Notification of Settlement, the relevant TBA Netting process would reflect FICC Currently, as described above, FICC obligation is deemed to have settled and as the settlement counterparty. Thus, does not novate Trade-for-Trade is, therefore, no longer subject to Clearing Members would no longer Transactions or treat itself as settlement MBSD’s risk management. settle with a designated SBO Contra- counterparty for purposes of netting, Side Member,41 but with FICC instead. processing, and settlement until, in each B. Proposed Changes to MBSD’s Trade On 48-Hour Day, Clearing Members case, the Pool Netting process is Comparison and Netting Processes that are Pool Sellers would notify MBSD complete and each Clearing Member FICC proposes to novate all (rather than their designated SBO receives their Pool Receive Obligation or transactions (except Option Contracts) Contra-Side Member) through the EPN Pool Deliver Obligations, as applicable, at the time of trade comparison. Upon Service of the allocated pools. FICC from FICC.42 As a result, Clearing trade comparison, the deliver, receive, would then submit corresponding Members are required to allocate pools and related payment obligations notifications to Clearing Members that to their original counterparties through between the Clearing Members, with are Pool Buyers. Clearing Members the EPN Service, and submit Pool respect to SBO-Destined Trades and would continue to submit Pool Instructs Instructs through the RTTM system. Trade-for-Trade Transactions, would to MBSD on 48-Hour Day through Once Pool Netting is complete, the terminate and be replaced by identical FICC’s RTTM system. If a Clearing deliver, receive, and related payment obligations to and from FICC (i.e., FICC Member does not submit its Pool obligations between Clearing Members would become the buyer to every seller that were created by compared pools 38 In other words, FICC would not novate or that comprise a Pool Net Settlement and the seller to every buyer). A similar guarantee the obligations to deliver the particular process would occur for Specified Pool securities underlying Specified Pool Trades or Position are terminated and replaced by Trades and Stipulated Trades, except securities that contain the particular stipulations set Pool Deliver Obligations, Pool Receive that, for those trades, the existing forth in Stipulated Trades. Obligations, and related payment 39 Upon trade comparison, Clearing Members obligations to and from FICC.43 deliver, receive, and related payment would receive a notification through the RTTM obligations would terminate and be system establishing FICC as each party’s novated Under the Proposed Rule Change, replaced with obligations to deliver, and settlement counterparty. FICC would novate Trade-for-Trade receive and make payment for securities 40 MBSD Rule 7, supra note 4. Transactions at trade comparison and 41 FICC would eliminate its calculation for treat itself as settlement counterparty, at determining the Settlement Value of ‘‘SBON 34 The term ‘‘Pool Deliver Obligation’’ means a that time, for purposes of processing Trades’’ (i.e., SBO Trades which a Member settles Clearing Member’s obligation to deliver securities to with an SBON Contra-Side Member) and ‘‘SBOO and settlement. Similar to the process FICC. MBSD Rule 1, supra note 4. Trades’’ (i.e., SBO Trades which a Member settles with SBO-Destined Trades, Clearing 35 The term ‘‘Pool Receive Obligation’’ means a with an SBOO Contra-Side member). MBSD Rule 1, Members with an obligation to deliver Clearing Member’s obligation to receive securities supra note 4. The MBSD Rules refer to the pools would notify MBSD (rather than from FICC. MBSD Rule 1, supra note 4. calculation as ‘‘CUSIP Average Price’’ or ‘‘CAP’’ for 36 MBSD Rule 5 Section 12 and MBSD Rule 8 SBON Trades and ‘‘Firm CUSIP Average Price’’ or Section 2, supra note 4. ‘‘FCAP’’ for SBOO Trades. MBSD Rule 6, supra note 42 MBSD Rule 8 Section 4, supra note 4. 37 MBSD Rule 10, supra note 4. 4. 43 MBSD Rule 8 Section 6, supra note 4.
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their original counterparty) through the Trades to FICC as Trade-for-Trade of Settlement process would become EPN Service, and FICC would submit Transactions, without notifying FICC of obsolete. Therefore, FICC proposes to corresponding notifications to Clearing the stipulations. Under the Proposed delete Notification of Settlement from Members that are Pool Buyers. Clearing Rule Change, FICC would add the MBSD Rules. Members would continue to be required Stipulated Trades as a new trade type 6. Do Not Allocate (‘‘DNA’’) Process to submit Pool Instructs. In the event that would be eligible for processing by that Pool Instructs are not submitted by MBSD. FICC would guarantee and Under the Proposed Rule Change, the established deadline, FICC would novate Stipulated Trades at trade FICC would establish a process to determine Pool Instructs for that comparison, provided that such trades enable Clearing Members to offset Clearing Member. Such determinations meet the requirements of the MBSD Trade-for-Trade Transactions 47 and would be based on the allocated pools Rules and are entered into in good faith. SBON Trades. This process would be that the Clearing Member has submitted Such guarantee and novation would be referred to as the ‘‘Do Not Allocate’’ or through the EPN Service. limited to the obligations to deliver, ‘‘DNA’’ process. The purpose of this receive, and make payment for process is to exclude SBON Trades and 3. Specified Pool Trades securities satisfying the same generic Trade-for-Trade Transactions from the Currently, as described above, FICC criteria as the securities underlying the pool allocation process 48 and securities does not novate Specified Pool Trades Stipulated Trade, but not the obligation settlement. during any point of the trade lifecycle to deliver securities that contain the The DNA process would be available (though, upon trade comparison of particular stipulations contained in the to Clearing Members at the start of the Specified Pool Trades, FICC guarantees Stipulated Trades. At trade comparison, business day on 48-Hour Day through the obligation to deliver, receive, and the deliver, receive, and related 4:30 p.m.49 on 24-Hour Day. During this pay for securities that satisfy the same payment obligations between Clearing time, Clearing Members with two or generic criteria as the underlying Members would be terminated and more open TBA Obligations 50 with the securities).44 Specified Pool Trades are replaced with obligations to or from same Par Amount,51 CUSIP Number, currently ineligible for the TBA Netting FICC to deliver, receive, and make and SIFMA designated settlement date process and the Pool Netting process. payment for securities satisfying the would be permitted to offset such Specified Pool Trades are currently same generic criteria as the securities obligations. In order to initiate the settled between the original underlying the Stipulated Trades. offset, Clearing Members would be counterparties directly (i.e., outside of Because of the narrow nature of required to submit a request (‘‘DNA FICC). FICC’s guarantee and novation, in the Request’’) to MBSD through the RTTM Under the Proposed Rule Change, event of a Clearing Member’s default, system. Upon FICC’s validation of this FICC would novate Specified Pool FICC would only be required to deliver, request, the obligations would be Trades upon trade comparison. Such receive, or make payment for securities reduced, and the Clearing Member novation would be limited to the that have the same generic terms, such would not be required to allocate pools obligations to deliver, receive, and make as coupon rate, maturity, agency, and against such obligations. As a result, a payment for securities satisfying the product, as the securities underlying the Clearing Member’s overall number of same generic criteria as the securities Stipulated Transaction. open obligations would be reduced. underlying the Specified Pool Trades. Clearing Members would be required Clearing Members would be permitted As a result, upon trade comparison, the to allocate Stipulated Trades to FICC to cancel a DNA Request; however, such existing deliver, receive, and related through the EPN Service. Such cancellation must be submitted through payment obligations between Clearing allocation would result in the creation the RTTM system prior to the time that Members under Specified Pool Trades of pool obligations, which would settle the designated offsetting TBA would be terminated and replaced with with FICC based on the settlement date Obligations have settled. Upon FICC’s obligations to or from FICC to deliver, agreed to as part of the terms of the timely receipt of a cancellation request, receive, and make payment for trade. Similar to Specified Pool Trades, the trades that were previously marked securities satisfying the same generic Stipulated Trades would not be eligible for the DNA process would reopen and criteria as the securities underlying the for the TBA Netting process and the the Clearing Member would be expected Specified Pool Trades. FICC would not Pool Netting process. novate the obligation to deliver the 47 5. Notification of Settlement Process Specified Pool Trades and Stipulated Trades securities for the particular specified would not be eligible for the proposed DNA process pool. As described above, the Notification because such trades are not eligible for the Pool Additionally, FICC proposes to settle of Settlement process currently requires Netting process. MBSD Rule 8, supra note 4. 48 As noted above, the pool allocation process Specified Pool Trades directly with the Clearing Members to notify FICC of requires Clearing Members to allocate pools on 48- Clearing Member party thereto (rather obligations that have settled directly Hour Day through the EPN Service. Under the than require that counterparties to such between Clearing Members and their Proposed Rule Change, Clearing Members would trades settle directly with one another). applicable settlement counterparties.45 not be required to allocate pools for obligations that Once both parties to a transaction have been offset through the DNA process. No other changes are being proposed 49 All times referenced herein are Eastern Time. with respect to the processing of submit a Notification of Settlement to 50 The term ‘‘TBA Obligations’’ means SBO- Specified Pool Trades. Such trades MBSD through the RTTM system, the Destined obligations and, with respect to Trade-for- would continue to be ineligible for the obligations are no longer subject to Trade Transactions, settlement obligations TBA Netting and Pool Netting systems. MBSD’s margin calculation process.46 generated by the Trade Comparison system. MBSD Because, under the Proposed Rule Rule 1, supra note 4. 4. Stipulated Trades 51 The term ‘‘Par Amount’’ means for Trade-for- Change, FICC would novate and directly Trade and SBO Transactions, Option Contracts and Currently, as described above, FICC settle all SBO-Destined Transactions, Pool Deliver and Pool Receive Obligations, the does not treat Stipulated Trades as a Trade-for-Trade Transactions, and current face value of a Security to be delivered on separate type of trading activity because Specified Pool Trades, the Notification the Contractual Settlement Date. With respect to Specified Pool Trades, ‘‘Par Amount’’ shall mean Clearing Members submit Stipulated the original face value of a Security to be delivered 45 MBSD Rule 10, supra note 4. on the Contractual Settlement Date. MBSD Rule 1, 44 MBSD Rule 5, supra note 4. 46 MBSD Rule 4, supra note 4. supra note 4.
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to notify MBSD through the EPN Service credits and debits, described more fully System Price.60 The proposed TBA of the pools that such Clearing Member below in Item 9. Transaction Adjustment Payment would intends to allocate to the open be an amount equal to the difference 8. Give-Up Process for Brokered obligations.52 between the SBO-Destined Trade’s Transactions The proposed DNA process would Settlement Price and the System Price, generate Cash Settlement credits and Currently, as described above, FICC multiplied by the contractual quantity debits from the price differential of the operates its brokered business on a of such trade, and then divided by 100. resulting offsetting obligations. The ‘‘give-up’’ basis, which means that To differentiate between the buyer and proposed Cash Settlement obligations MBSD discloses (i.e., ‘‘gives-up’’) the seller of the transaction, an indicator of are described more fully below in Item identity of each Dealer to a Brokered ¥1 for the buy trade and +1 for the sell 9. Transaction after a period of time.55 trade is multiplied by the contractual Under the Proposed Rule Change, FICC 7. Expanded Pool Netting Process quantity of such trade. would eliminate the need to disclose • Expanded Pool Net Transaction As described above, the Pool Netting Dealers’ identities because FICC would Adjustment Payment. Under the system reduces the number of pool novate all Brokered Transactions and Proposed Rule Change, FICC would add settlements by netting Pool Instructs treat itself as the settlement the Expanded Pool Net Transaction stemming from SBON Trades and counterparty upon trade comparison. Adjustment Payment to be applied Trade-for-Trade Transactions to arrive at Thus, the report that FICC issues after when a Clearing Member misses the a single net position per counterparty in trade comparison of a Brokered deadline established by FICC for the a particular pool number for next-day Transaction would refer to FICC as Pool Netting process. Unlike the daily delivery. Prior to the Pool Netting settlement counterparty. Pool Netting process, the Expanded Pool process, Pool Sellers must notify their Netting process would only run four Pool Buyers through MBSD’s EPN 9. Cash Settlement Calculations times per month in accordance with the Service of the pools to be allocated in As described above, Cash Settlement SIFMA designated settlement dates. As satisfaction of a TBA Obligation. In is a daily process of generating a single a result, an Expanded Pool Net accordance with the SIFMA net credit or debit cash amount at the Transaction Adjustment Payment would Guidelines,53 such notifications must Aggregated Account level and settling only occur four times per month. The occur before 3:00 p.m. on 48-Hour those cash amounts between Clearing Expanded Pool Net Transaction Day.54 Notifications that take place after Members and MBSD.56 FICC’s proposal Adjustment Payment would reflect an this time are considered late, and the to become the settlement counterparty amount equal to the difference between delivery of such pools to the related upon trade comparison and the the System Price and the SBON Trade’s Pool Buyers will be delayed for one proposed DNA process would require Settlement Price or Trade-for-Trade additional business day. several changes to the Cash Settlement Transaction’s Settlement Price, as In order to capture notifications calculation described below.57 applicable, multiplied by the total submitted after 3:00 p.m. on 48-Hour • SBO Market Differential. Under the current face value of the pools used to Day through 4:30 p.m. on 24-Hour Day, Proposed Rule Change, FICC would satisfy such obligation, and then FICC proposes to establish an additional eliminate the SBO Market Differential 58 divided by 100. To differentiate between netting cycle, referred to as ‘‘Expanded because it reflects the price difference a buy and sell transaction, an indicator Pool Netting.’’ Similar to the initial Pool for SBO positions settled among of +1 for a buy trade and ¥1 for a sell Netting process, Expanded Pool Netting Clearing Members. This amount would trade would be multiplied by the total would result in a reduction in the no longer be required because Clearing current face value of the pools used to number of Pool Delivery Obligations. As Members would settle all SBO-Destined satisfy the obligation. with the existing Pool Netting process, Trades directly with FICC. • Do Not Allocate Transaction the proposed Expanded Pool Netting • TBA Transaction Adjustment Adjustment Payment. Under the process would (1) calculate Pool Net Payment. Under the Proposed Rule Proposed Rule Change, FICC would add Settlement Positions in a manner that is Change, FICC would add the TBA the Do Not Allocate Transaction consistent with Section 3 of MBSD Rule Transaction Adjustment Payment to Adjustment Payment to reflect the cash 8, and (2) allocate Pool Deliver reflect the cash differential that would differential among TBA Obligations that Obligations and Pool Receive result when calculating the net proceeds have been offset through the DNA Obligations in a manner that is of the contractual quantity of an SBO- process. The proposed Do Not Allocate consistent with Section 4 of MBSD Rule Destined Trade when comparing such Transaction Adjustment Payment would 8. trade’s Settlement Price 59 and the be an amount equal to the difference The Expanded Pool Netting process between the Settlement Price of the buy would occur four times per month in 55 MBSD Rule 5 Section 7, supra note 4. and sell TBA Obligation transactions accordance with the SIFMA designated 56 MBSD Rule 11, supra note 4. multiplied by the contractual quantity. settlement dates. Pool Net Settlement 57 Detailed examples of the proposed changes to To differentiate between a buy and sell the Cash Settlement calculations are provided in Positions and the resultant Pool Deliver transaction, an indicator of ¥1 for a buy Obligations and Pool Receive the Notice. Notice, 82 FR at 23858–59. 58 The term ‘‘SBO Market Differential’’ means the Obligations would only be provided to amount computed pursuant to the MBSD Rules, Pool Trade, or SBO-Destined Trade, the contractual Clearing Members during such times. reflecting the difference between Firm CUSIP settlement price agreed to by the parties; (b) in the The proposed Expanded Pool Netting Average Prices (i.e., the average purchase or sale case of an SBON Trade, the CUSIP Average Price; process would generate Cash Settlement contract price of a Member’s SBO-Destined Trades (c) in the case of an SBOO Trade, the Firm CUSIP with a particular Original Contra-Side Member in Average Price; and (d) in the case of a Pool Deliver a particular CUSIP number) or between the CUSIP or Pool Receive Obligation, the Pool Net Price. 52 A detailed example of the DNA process is Average Price (i.e., the average contract price of all MBSD Rule 1, supra note 4. described in the Notice. Notice, 82 FR at 23857. SBO-Destined Trades in the CUSIP number that 60 The term ‘‘System Price’’ means the price for 53 The term ‘‘SIFMA Guidelines’’ means the have been netted) and the Firm CUSIP Average any trade or any Pool Deliver Obligations or Pool guidelines for good delivery of Mortgage-Backed Price, as the case may be. MBSD Rule 1, supra note Receive Obligation not including accrued interest, Securities as promulgated from time to time by 4. established by FICC on each Business Day, based SIFMA. MBSD Rule 1, supra note 4. 59 The term ‘‘Settlement Price’’ means: (a) In the on current market information, for each security. 54 All times referenced herein are Eastern Time. case of a Trade-for-Trade Transaction, Specified MBSD Rule 1, supra note 4.
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trade and +1 for a sell trade is information is released after the clearing the Proposed Rule Change is consistent multiplied by the contractual quantity bank’s settlement of a pool. This update with Section 17A(b)(3)(F) of the Act.66 of such trade. would create a cash differential that As discussed above, the Proposed • TBA Reprice Transaction would require a debit to the seller and Rule Change would make a number of Adjustment Payment. Under the a credit to the buyer. operational changes with respect to Proposed Rule Change, FICC would add MBSD trade processing. Specifically, the TBA Reprice Transaction III. Discussion and Commission the Proposed Rule Change would Adjustment Payment to reflect the cash Findings provide that (1) the submission of Pool
differential between the price of a TBA 62 Instructs by Clearing Members would Obligation that was not allocated by a Section 19(b)(2)(C) of the Act become optional because FICC would be Clearing Member before the deadline directs the Commission to approve a permitted to submit on behalf Clearing established by FICC and the price of the proposed rule change of a self- Members; (2) Clearing Members would replacement TBA Obligation that was regulatory organization if it finds that no longer to be required to fulfill calculated at the System Price. The TBA such proposed rule change is consistent Notification of Settlement obligations Reprice Transaction Adjustment with the requirements of the Act and because all of the above-referenced Payment would be an amount equal to rules and regulations thereunder transactions would settle with FICC; (3) the difference between the TBA applicable to such organization. After Clearing Members would have the Obligation’s Settlement Price and the carefully considering the Proposed Rule ability to exclude TBA Obligations from System Price, multiplied by the Change, the Commission finds that the the pool allocation process, netting, and unallocated contractual quantity, and Proposed Rule Change is consistent securities settlement through the DNA then divided by 100. To differentiate with the requirements of the Act and the process; (4) Clearing Members would between a buy and sell transaction, an rules and regulations thereunder have the ability to net their pools via the indicator of ¥1 for a sell trade and +1 applicable to FICC. In particular, the Expanded Pool Netting process in the for a buy trade is multiplied by the Commission finds that the Proposed event that such Clearing Members miss unallocated pool’s contractual quantity. Rule Change is consistent with Section the established deadline for the initial • Variance Transaction Adjustment 17A(b)(3)(F) of the Act 63 and Rule Pool Netting process; (5) Dealer Netting Payment. Under the Proposed Rule 17Ad–22(e)(21) 64 under the Act. Members would remain anonymous Change, FICC would add the Variance Section 17A(b)(3)(F) of the Act with the elimination of the ‘‘give-up’’ Transaction Adjustment Payment to requires, in part, that the rules of a process for Brokered Transactions; (6) capture the variance (i.e., difference) 61 clearing agency be designed to promote Clearing Members would be allowed to between a TBA Obligation and the the prompt and accurate clearance and submit SBO-Destined Trades in all trade current face value of the pools allocated sizes; and (7) Clearing Members would settlement of securities transactions.65 in satisfaction of such obligation. be allowed to submit Stipulated Trades As discussed above, the Proposed Rule Specifically, this payment would reflect as a new trade type. These proposed Change would result in FICC novating the cash differential calculated between changes are designed to eliminate and treating itself as the settlement the SBON Trade’s Settlement Price or operational steps in the current trade the Trade-for-Trade Transaction’s counterparty from the time of trade processing cycle and enable Clearing Settlement Price, as applicable, and the comparison with respect to SBO- Members to take advantage of MBSD’s System Price using the variance of the Destined Trades, Trade-for-Trade trade processing efficiencies at an Pool Netting process or the Expanded Transactions, Specified Pool Trades, earlier point, which would help Pool Netting process, as applicable, and Stipulated Trades. By novating such promote the prompt and accurate based on the current face value of the trades to FICC and treating FICC as the clearance and settlement of these types pools used in satisfaction of the trade. settlement counterparty to such trades of securities transactions. Therefore, The Variance Transaction Adjustment the Proposed Rule Change would make Commission believes that the Proposed Payment would be an amount equal to FICC the only counterparty to whom the Rule Change is consistent with Section the difference between the SBON Clearing Members are obligated, as 17A(b)(3)(F) of the Act.67 Trade’s Settlement Price or the Trade- compared to the current process where Rule 17Ad–22(e)(21) under the Act for-Trade Transaction’s Settlement Clearing Members may have multiple requires, in part, that FICC establish, Price, as applicable, and the System counterparties with whom they need to implement, maintain, and enforce Price, multiplied by the difference settle multiple obligations outside of written policies and procedures between the TBA Obligation and the FICC. Additionally, the Proposed Rule reasonably designed to be efficient and allocated pools used in satisfaction of Change would also accelerate the point effective in meeting the requirements of such trade, and then divided by 100. To in time at which FICC becomes that its participants and the markets it differentiate between a buy and sell ultimate counterparty (i.e., at the time of serves, and regularly review the transaction, an indicator of ¥1 for a buy trade comparison), resulting in such efficiency and effectiveness of its (i) trade and +1 for a sell trade would be trades being governed by the MBSD clearing and settlement arrangements; multiplied by the total variance amount. Rules from that time. Collectively, the (ii) operating structure; and (iii) scope of • Factor Update Adjustment proposed changes are designed to products cleared or settled.68 As Payment. Under the Proposed Rule simplify, streamline, and centralize discussed above, the Proposed Rule Change, FICC would add the Factor trade processing under the MBSD Rules, Change would enable FICC to novate Update Adjustment Payment, to be which would help promote the prompt MBS trades at an earlier point the trade applied when updated pool factor and accurate clearance and settlement of lifecycle (i.e., upon trade comparison). these types of securities transactions. Additionally, as described above, the 61 Pursuant to the SIFMA Guidelines, TBA trades Therefore, the Commission believes that Proposed Rule Change would add are allowed to have a variance equal to plus or Stipulated Trades as a new trade type minus 0.01 percent of the dollar amount of the 62 transaction agreed to by the parties. As a result of 15 U.S.C. 78s(b)(2)(C). this guideline, FICC would capture the variance of 63 15 U.S.C. 78q–1(b)(3)(F). 66 15 U.S.C. 78q–1(b)(3)(F). TBA Obligations and the current face value of the 64 17 CFR 240.17Ad–22(e)(21). 67 Id. pools allocated in satisfaction of such obligations. 65 15 U.S.C. 78q–1(b)(3)(F). 68 See 17 CFR 240.17Ad–22(e)(21).
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that could be cleared and settled at For the Commission, by the Division of II. Clearing Agency’s Statement of the MBSD, and it would remove the size Trading and Markets, pursuant to delegated Purpose of, and Statutory Basis for, the restrictions with respect to SBO- authority.73 Proposed Rule Change Destined Trades. Jill M. Peterson, In its filing with the Commission, the With these changes, which were Assistant Secretary. clearing agency included statements developed in consideration of the [FR Doc. 2017–14142 Filed 7–5–17; 8:45 am] concerning the purpose of and basis for feedback received from MBSD Clearing BILLING CODE 8011–01–P the proposed rule change and discussed Members,69 FICC could provide a more any comments it received on the efficient and effective operational proposed rule change. The text of these processes in connection with the SECURITIES AND EXCHANGE statements may be examined at the places specified in Item IV below. The clearance and settlement of MBS trades, COMMISSION clearing agency has prepared expand the scope of products cleared summaries, set forth in sections A, B, and settled by MBSD, and enable [Release No. 34–81044; File No. SR–NSCC– 2017–009] and C below, of the most significant Clearing Members to submit such trades aspects of such statements. in any size. Therefore, the Commission Self-Regulatory Organizations; believes that the Proposed Rule Change (A) Clearing Agency’s Statement of the National Securities Clearing is designed to help FICC be more Purpose of, and Statutory Basis for, the Corporation; Notice of Filing and Proposed Rule Change efficient and effective in meeting the Immediate Effectiveness of a Proposed requirements of its participants and the Rule Change To Further Describe and 1. Purpose markets it serves, and in providing Codify Existing Practices Relating to Proposal Overview clearing and settlement arrangements, the Bond Haircut operating structure, and scope of The proposed rule change would products cleared or settled, which is June 29, 2017. provide additional transparency in the consistent with Rule 17Ad–22(e)(21). Rules with respect to the calculation Pursuant toSection 19(b)(1) of the and the application of the Bond Haircut. V. Conclusion Securities Exchange Act of 1934 NSCC currently excludes Net Unsettled (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Positions in corporate and municipal On the basis of the foregoing, the notice is hereby given that on June 23, bonds from its parametric VaR Commission finds that the Proposed 2017, National Securities Clearing calculation and instead charges a Bond Rule Change is consistent with the Corporation (‘‘NSCC’’) filed with the Haircut, which is calculated by requirements of the Act and in Securities and Exchange Commission multiplying the absolute value of the particular with the requirements of (‘‘Commission’’) the proposed rule Net Unsettled Positions in each security Section 17A of the Act 70 and the rules change as described in Items I, II and III by a percentage that is no less than two and regulations promulgated below, which Items have been prepared percent. thereunder. by the clearing agency. The Commission NSCC is proposing to enhance the is publishing this notice to solicit description of the Bond Haircut in It is therefore ordered, pursuant to comments on the proposed rule change Procedure XV to provide more detail Section 19(b)(2) of the Act 71 that from interested persons. regarding the determination of the proposed rule change SR–FICC–2017– applied percentage, and to codify 72 I. Clearing Agency’s Statement of the 012 be, and hereby is, approved. NSCC’s existing practice of applying the Terms of Substance of the Proposed Bond Haircut to all corporate and Rule Change municipal bonds without discretion. 69 FICC describes in Item 7 of its Form 19b–4 responses the extent to which the proposed changes The proposed rule change consists of The Required Deposit and the Bond were informed by feedback from its Clearing amendments to NSCC’s Rules & Haircut Procedures (‘‘Rules’’) 3 in order to (1) Members and various working groups over A primary objective of NSCC’s numerous years. Available at http://www.dtcc.com/ provide additional transparency in the Clearing Fund is to have on deposit legal/sec-rule-filings. Specifically, FICC states that Rules with respect to the existing from each applicable Member assets in 2015, 92 Clearing Member representatives methodology for calculating margin on sufficient to satisfy losses that may participated in forums held in June, and 157 Members’ Net Unsettled Positions and representatives participated in forums in September otherwise be incurred by NSCC as the Net Balance Order Unsettled Positions and October. Id. FICC states that in 2016, 139 result of the default of the Member and (for purposes of this filing, referred to representatives participated in forums held in the resultant close out of that Member’s collectively herein as ‘‘Net Unsettled March, 241 representatives participated in forums unsettled positions under NSCC’s trade held in August, and 121 participated in forums held Positions’’) in corporate and municipal guaranty. Each Member’s Clearing Fund in December. Id. Additionally, FICC states that it bonds (‘‘Bond Haircut’’), which are required deposit is calculated daily held a number of conference calls with individual excluded from the parametric volatility pursuant to a formula set forth in Clearing Members to address questions and component of the margin calculation Procedure XV of the Rules designed to concerns on the subject. Id. Moreover, FICC (‘‘VaR Charge’’); and (2) codify NSCC’s explains that the Proposed Rule Change was even provide sufficient funds to cover this existing practice of applying the Bond the subject of a prior rule filing with the risk of loss. The Clearing Fund formula Haircut to all corporate and municipal Commission to fund the proposed changes. Id. See accounts for a variety of risk factors also Exchange Act Release No. 74033 (January 12, bonds without discretion, as described through the application of a number of 2015), 80 FR 2452 (January 16, 2015) (SR–FICC– below. 2014–12). charges, each described in Procedure 70 15 U.S.C. 78q–1. XV. 73 17 CFR 200.30–3(a)(12). The VaR Charge is a core component 71 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). of this formula and is designed to 72 In approving the proposed rule change, the 2 17 CFR 240.19b–4. Commission considered the proposals’ impact on 3 Terms not defined herein are defined in the calculate the amount of money that may efficiency, competition, and capital formation. 15 Rules, available at www.dtcc.com/∼/media/Files/ be lost on a portfolio over a given period U.S.C. 78c(f). Downloads/legal/rules/nscc_rules.pdf. of time assumed necessary to liquidate
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the portfolio, within a given level of for each security group is recalculated discretion to exclude certain securities, confidence. Pursuant to Procedure XV, periodically, based on a predetermined as described therein and other than NSCC may currently exclude from this frequency. While NSCC is proposing to corporate and municipal bonds, from its calculation Net Unsettled Positions in clarify in Procedure XV that such VaR margin calculation and instead classes of securities whose volatility is recalculation shall occur at least apply a haircut-based margin charge. amenable to generally accepted annually, currently the recalculation is NSCC would add new Sections statistical analysis only in a complex performed on a daily basis.6 I.(A)(1)(a)(iii) and (2)(a)(iii) to Procedure manner, including corporate and Further, NSCC determines the XV to include more transparency municipal bonds. appropriate specified look-back period around the determination of the Bond NSCC believes the Bond Haircut is a and predetermined calibration Haircut and to make clear that the Bond more appropriate measure of the risk percentile, which shall not be less than Haircut shall apply to all Net Unsettled presented to NSCC by its Members’ 99 percent, in order to account for the Positions in corporate and municipal positions in corporate and municipal particularized risk characteristics of bonds, in lieu of a VaR Charge, and bonds than the VaR Charge because the corporate bonds, including market, would not be subject to NSCC’s volatility of these securities is generally liquidity and idiosyncratic risk (i.e., the discretion. amenable to statistical analysis only in volatility of a particular issue compared a complex manner. Because NSCC to the volatility of the index). 2. Statutory Basis believes the Bond Haircut is more Section 17A(b)(3)(F) of the Act, b. Municipal Bonds effective in capturing the risks requires, in part, that the Rules promote presented by corporate and municipal The Bond Haircut for positions in the prompt and accurate clearance and bonds, in addition to adding more detail municipal bonds is calculated at the settlement of securities transactions.7 to Procedure XV regarding the CUSIP level. In order to account for The proposed rule change with respect calculation of the Bond Haircut, NSCC price and valuation volatility, NSCC has to the Bond Haircut would provide is also proposing to codify its existing set a tenor-based haircut schedule that additional transparency in the Rules practice by removing reference to applies according to the remaining time regarding the calculation and discretion in application of the Bond to maturity for separate categories of application of the Bond Haircut, and Haircut to these securities. municipal bonds. Currently, NSCC would codify NSCC’s practice to apply applies this schedule to six separate the Bond Haircut to all positions in a. Corporate Bonds categories of municipal bonds. For corporate and municipal bonds without In order to calculate the Bond Haircut municipal bonds rated BBB+ or lower discretion. The proposed changes would for positions in corporate bonds, NSCC and for non-rated bonds, an additional ensure that the Rules remain first categorizes corporate bonds into factor is applied based on the applicable transparent, accurate and clear, which security groups according to the bonds’ municipal sector. If a municipal bond is would enable all stakeholders to readily remaining time to maturity and credit not mapped to any particular sector, the understand their rights and obligations rating. NSCC then aligns each security highest numerical municipal factor is in connection with NSCC’s clearance group against a Merrill Lynch bond applied to positions in that bond. NSCC and settlement of securities index.4 Each bond index is chosen to reviews and re-assigns, as necessary, the transactions. Therefore, NSCC believes provide a valuation proxy for computing risk factors assigned to each municipal that the proposed rule changes would the appropriate margin for securities sector no less frequently than annually. promote the prompt and accurate categorized into that group. NSCC This additional factor is added to clearance and settlement of securities calculates a haircut rate applicable to lower rated municipal bonds because transactions, consistent with Section each security group based on historical variable risk factors exist between 17A(b)(3)(F) of the Act.8 returns of the aligned Merrill Lynch municipal sectors. In addition to the Rule 17Ad–22(e)(23)(i) under the Act bond index in the specified look-back risk associated with time-to-maturity, requires, in part, that NSCC establish, period and a predetermined calibration municipal bonds may also pose credit implement, maintain and enforce percentile. NSCC is proposing to clarify risk depending upon the bonds’ written policies and procedures in Procedure XV that the look-back assigned credit rating. The added sector- reasonably designed to provide for period shall be no shorter than 10 years. based factor, applicable to lower-rated publicly disclosing all relevant rules Currently, the look-back period is from municipal bonds, is designed to and material procedures.9 Rule 17Ad– 1995 to present day.5 The haircut rate compensate for this additional credit 22(e)(23)(ii) under the Act requires, in risk. Therefore, NSCC believes the Bond part, that NSCC establish, implement, 4 Bond indices are widely used to measure the Haircut as applied to municipal bonds maintain and enforce written policies risk of particular classes of corporate bonds. By is also an appropriate measure for the aligning each security group to a Merrill Lynch and procedures reasonably designed to bond index, NSCC is able to use widely accepted risk presented by these positions. provide sufficient information to enable historical pricing information as a valuation proxy Proposed Changes to Procedure XV participants to identify and evaluate the for each security group to correlate with the actual risks, fees, and other material costs they risk coverage for the particular attributes of the In order to make the proposed incur by participating in NSCC.10 The bonds. Using these reliable pricing proxies permits changes, NSCC would exclude Net NSCC to conduct loss estimation associated with proposed rule change enhances the clearing these securities in a less complex statistical Unsettled Positions in corporate and transparency in the Rules regarding the manner, while achieving the desired coverage municipal bonds from Procedure XV, calculation and application of the Bond target. Sections I.(A)(1)(a)(ii) and (2)(a)(ii). Haircut and codifies NSCC’s practice to 5 NSCC regularly reviews whether its margining These Sections of Procedure XV would apply the Bond Haircut to all positions methodology is achieving the desired risk continue to provide NSCC with mitigation objectives. In connection with such in corporate and municipal bonds review, NSCC has determined to make technical without discretion. In this way, the enhancements to the calculation of the Bond Settlement Supervision Act of 2010. 12 U.S.C. Haircut as applied to positions in corporate bonds, 5465(e)(1). 7 including an adjustment to this look-back period. 6 NSCC has also determined that the frequency of 15 U.S.C. 78q–1(b)(3)(F). Such enhancements shall be proposed pursuant to re-calibration of the haircut rates should be 8 Id. a separate advance notice filing, to be filed pursuant adjusted, and will propose to change this frequency 9 17 CFR 240.17Ad–22(e)(23)(i). to Section 806(e)(1) of the Payment, Clearing, and pursuant to an advance notice filing. Id. 10 17 CFR 240.17Ad–22(e)(23)(ii).
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proposed rule change provides for the Electronic Comments DEPARTMENT OF STATE public disclosure, through the new • [Public Notice 10050] Procedure XV, Sections I.(A)(1)(a)(iii) Use the Commission’s Internet comment form (http://www.sec.gov/ and (2)(a)(iii) of the Rules, of the rules 60-Day Notice of Proposed Information rules/sro.shtml); or and procedures through which NSCC Collection: Individual, Corporate or calculates and applies the Bond Haircut. • Send an email to rule-comments@ Foundation, and Government Donor The proposed rule change would allow sec.gov. Please include File Number SR– Letter Applications NSCC to further provide its participants NSCC–2017–009 on the subject line. with sufficient information regarding ACTION: Notice of request for public the Bond Haircut to enable those Paper Comments comment. participants to identify and evaluate the • Send paper comments in triplicate risks and material costs associated with SUMMARY: The Department of State is to Secretary, Securities and Exchange the calculation and application of the seeking Office of Management and Bond Haircut, which are incurred Commission, 100 F Street NE., Budget (OMB) approval for the through their participation in NSCC. As Washington, DC 20549. information collection described below. such, NSCC believes the proposed rule In accordance with the Paperwork All submissions should refer to File Reduction Act of 1995, we are change is consistent with Rule 17Ad– Number SR–NSCC–2017–009. This file 22(e)(23)(i) and (ii) under the Act.11 requesting comments on this collection number should be included on the from all interested individuals and (B) Clearing Agency’s Statement on subject line if email is used. To help the organizations. The purpose of this Burden on Competition Commission process and review your notice is to allow 60 days for public comments more efficiently, please use comment preceding submission of the NSCC does not believe that the only one method. The Commission will collection to OMB. proposed rule change would impact post all comments on the Commission’s 12 DATES: The Department will accept competition. The proposed rule Internet Web site (http://www.sec.gov/ change would increase transparency of comments from the public up to rules/sro.shtml). Copies of the the Rules by codifying NSCC’s current September 5, 2017. submission, all subsequent practice with respect to the assessment ADDRESSES: You may submit comments amendments, all written statements by any of the following methods: and imposition of the Bond Haircut. As • such, NSCC believes that the proposed with respect to the proposed rule Web: Persons with access to the rule change would not impact Members change that are filed with the Internet may comment on this notice by or have any impact on competition. Commission, and all written going to www.Regulations.gov. You can communications relating to the search for the document by entering (C) Clearing Agency’s Statement on proposed rule change between the ‘‘Docket Number: DOS–2017–0027’’ in Comments on the Proposed Rule Commission and any person, other than the Search field. Then click the Change Received From Members, those that may be withheld from the ‘‘Comment Now’’ button and complete Participants, or Others the comment form. public in accordance with the • provisions of 5 U.S.C. 552, will be Email: [email protected]. NSCC has not received any written • Regular Mail: Send written comments relating to this proposal. available for Web site viewing and comments to: M/EDCS Room 7427B, NSCC will notify the Commission of any printing in the Commission’s Public 2201 C Street, Washington, DC 20520. written comments it receives. Reference Room, 100 F Street NE., You must include the DS form Washington, DC 20549 on official III. Date of Effectiveness of the number (if applicable), information business days between the hours of Proposed Rule Change, and Timing for collection title, and the OMB control Commission Action 10:00 a.m. and 3:00 p.m. Copies of the number in any correspondence. filing also will be available for FOR FURTHER INFORMATION CONTACT: The foregoing rule change has become inspection and copying at the principal Direct requests for additional effective pursuant to Section 19(b)(3)(A) office of NSCC and on DTCC’s Web site information regarding the collection of the Act and paragraph (f) of Rule (http://dtcc.com/legal/sec-rule- listed in this notice, including requests 19b–4 thereunder. At any time within filings.aspx). All comments received for copies of the proposed collection 60 days of the filing of the proposed rule will be posted without change; the instrument and supporting documents, change, the Commission summarily may Commission does not edit personal to Chanel Wallace, who may be reached temporarily suspend such rule change if identifying information from on (202) 647–7730 or at WallaceCR2@ it appears to the Commission that such submissions. You should submit only stat.gov. action is necessary or appropriate in the information that you wish to make SUPPLEMENTARY INFORMATION: public interest, for the protection of available publicly. All submissions • Title of Information Collection: investors, or otherwise in furtherance of should refer to File Number SR–NSCC– Individual, Corporate or Foundation the purposes of the Act. 2017–009 and should be submitted on and Government Donor Letter IV. Solicitation of Comments or before July 27, 2017. Application. • OMB Control Number: 1405–0218. Interested persons are invited to For the Commission, by the Division of • Type of Request: Extension of a submit written data, views and Trading and Markets, pursuant to delegated Currently Approved Collection. arguments concerning the foregoing, authority.13 • Originating Office: Office of including whether the proposed rule Jill M. Peterson, Emergencies in the Diplomatic and change is consistent with the Act. Assistant Secretary. Consular Service (M/EDCS). • Comments may be submitted by any of [FR Doc. 2017–14141 Filed 7–5–17; 8:45 am] Form Number: DS–4273, DS–4272 the following methods: and DS–4271. BILLING CODE 8011–01–P • Respondents: Individuals, 11 17 CFR 240.17Ad–22(e)(23)(i), (ii). Corporations, or Foundations that make 12 15 U.S.C. 78q–1(b)(3)(I). 13 17 CFR 200.30–3(a)(12). donations to the Department.
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• Estimated Number of Respondents: DEPARTMENT OF TRANSPORTATION University Dr., Bldg. 23B, Bismarck, ND 4,333. 58504. Telephone Number: (701) 323– • Estimated Number of Responses: Federal Aviation Administration 7380/FAX Number: (701) 323–7399. 4,333. • Average Time per Response: 5 Public Notice for Waiver of SUPPLEMENTARY INFORMATION: In minutes per response. Aeronautical Land-Use Assurance accordance with section 47107(h) of • Title 49, United States Code, this notice Total Estimated Burden Time: 361 AGENCY: Federal Aviation is required to be published in the hours. Administration (FAA), DOT. • Frequency: On occasion. Federal Register 30 days before ACTION: Notice of intent of waiver with • Obligation to Respond: Mandatory. modifying the land-use assurance that respect to land; Bismarck Municipal We are soliciting public comments to requires the property to be used for an Airport, Bismarck, North Dakota. permit the Department to: aeronautical purpose. • Evaluate whether the proposed SUMMARY: The FAA is considering a Four lots are flat grass areas information collection is necessary for proposal to change 33.3 acres of airport maintained in accordance with the the proper functions of the Department. land from aeronautical use to non- Airport Wildlife Management plan. Lot • Evaluate the accuracy of our aeronautical use and to authorize the 1 Block 10 has a convenience store/gas estimate of the time and cost burden for lease of airport property located at this proposed collection, including the station on the parcel. Land was acquired Bismarck Municipal Airport, Bismarck, under the Airport Improvement validity of the methodology and North Dakota. The aforementioned land Program. Projects include: F (9–32–035– assumptions used. is not needed for aeronautical use. • Enhance the quality, utility, and The property consists of five parcels C208) acquired in 1962, L (9–32–0003– clarity of the information to be in the ‘‘Bismarck Airport Addition’’ 02–1973) acquired in 1973, and C (9– collected. totaling 33.3 acres. Lot 1 Block 7, a 5.4 32–035–705–1958) acquired in 1956. • Minimize the reporting burden on acre lot at 2200 University Drive, One portion of lot 1 Block 8 was those who are to respond, including the Bismarck, ND 58504. Lot 2 Block 7, a acquired by Quit Claim Deed from the use of automated collection techniques 17.4 acre lot at 1616 University Drive, City of Bismarck May 10, 2017. or other forms of information Bismarck, ND 58504. Lot 3 Block 7, a Bismarck Municipal Airport intends to technology. 6.3 acre lot at 2101 South 12th Street, enter into leases, at fair market value, Please note that comments submitted Bismarck, ND 58504. Lot 1 Block 8, a for Non-Aeronautical commercial in response to this Notice are public 3.0 acre lot at 1625 Airport Road, development that are compatible with record. Before including any detailed Bismarck, ND 58504. Lot 1 Block 10, a airport operations while retaining personal information, you should be 1.2 acre lot at 1740 Airport Road, ownership and control of activities at aware that your comments as submitted, Bismarck, ND 58504. Four lots are flat those locations. including your personal information, grass areas maintained in accordance will be available for public review. The disposition of proceeds from the with the Airport Wildlife Management lease of the airport property will be in plan. Lot 1 Block 10 has a convenience Abstract of Proposed Collection accordance with FAA’s Policy and store/gas station on the parcel. Bismarck Procedures Concerning the Use of The Office of Emergencies in the Municipal Airport intends to enter into Airport Revenue, published in the Diplomatic and Consular Service leases for Non-Aeronautical commercial (EDCS) manages the solicitation and development that are compatible with Federal Register on February 16, 1999 acceptance of gifts to the U.S. airport operations while retaining (64 FR 7696). Department of State. The information ownership and control of activities at This notice announces that the FAA requested via donor letters is a those locations. is considering the release of the subject necessary first step to accepting DATES: Comments must be received on airport property at the Bismarck donations. The information is sought or before August 7, 2017. Municipal Airport, Bismarck, North pursuant to 22 U.S.C. 2697, 5 U.S.C. ADDRESSES: Documents are available for Dakota from its obligations to be 7324 and 22 CFR part 3) and will be review by appointment at the FAA maintained for aeronautical purposes. used by EDCS’s Gift Fund Coordinator Dakota-Minnesota Airports District Approval does not constitute a to demonstrate the donor’s intention to Office, Mark Holzer, Program Manager, commitment by the FAA to financially donate either an in-kind or monetary 2301 University Dr., Bldg. 23B, gift to the Department. This information assist in the change in use of the subject Bismarck, ND 58504 Telephone: (701) is mandatory and must be completed airport property nor a determination of 323–7380/Fax: (701) 323–7399 and before the gift is received by the eligibility for grant-in-aid funding from Bismarck Municipal Airport, Timothy J. Department. the FAA. Thorsen, Assistant Airport Director, Methodology P.O. Box 991, Bismarck, ND 50502, Property’s Legal Description The information collection forms will (701) 355–1808. Lot 1 Block 7, Bismarck Airport Written comments on the Sponsor’s be available electronically via the State Addition to the City of Bismarck. Department’s Internet Web site (http:// request must be delivered or mailed to: Lot 2 Block 7, Bismarck Airport mydata.state.sbu). Donors can also Mark Holzer, Program Manager, Federal Addition to the City of Bismarck. complete hard-copies of the form and Aviation Administration, Dakota- mail them to EDCS if internet access is Minnesota Airports District Office, 2301 Lot 3 Block 7, Bismarck Airport not available. University Dr., Bldg. 23B, Bismarck, ND Addition to the City of Bismarck. 58504, Telephone Number: (701) 323– Frances Gidez, 7380/FAX Number: (701) 323–7399. Lot 1 Block 8, Bismarck Airport Addition to the City of Bismarck. Gift Funds and K Funds Coordinator, M/ FOR FURTHER INFORMATION CONTACT: EDCS, Department of State. Mark Holzer, Program Manager, Federal Lot 1 Block 10, Bismarck Airport [FR Doc. 2017–14200 Filed 7–5–17; 8:45 am] Aviation Administration, Dakota- Addition to the City of Bismarck. BILLING CODE 4710–35–P Minnesota Airports District Office, 2301
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Issued in Minneapolis, Minnesota on June solicit formal input. The Draft SEIS will our intention to request the Office of 22, 2017. be made available for public review and Management and Budget (OMB) Andy Peek, comment and comments will be approval to renew an information Manager, Dakota-Minnesota Airports District responded to in a Final SEIS. A Notice collection. The information to be Office FAA, Great Lakes Region. of Availability of the Draft SEIS will be collected will be used to access the [FR Doc. 2017–14218 Filed 7–5–17; 8:45 am] made through direct mail, publication CVSSA applicants against the CVSSA BILLING CODE 4910–13–P in the Federal Register, and other Model Course Standard. We are media. Notification will also be sent to required to publish this notice in the appropriate Federal, State, and Federal Register by the Paperwork DEPARTMENT OF TRANSPORTATION Participating agencies, local agencies, as Reduction Act of 1995. well as people and private organizations DATES: Comments must be submitted on Federal Highway Administration that submit comments or questions. or before September 5, 2017. Additional project information will be ADDRESSES: You may submit comments Supplemental Environmental Impact made available through a widely- Statement: I–94 Rehabilitation Project identified by Docket No. DOT–MARAD– distributed newsletter and on the 2017–0116 through one of the following From East of I–94 to East of Conner project Web site www.michigan.gov/ Avenue in Detroit, Michigan methods: 94detroit. • Federal eRulemaking Portal: http:// Comments or questions from all AGENCY: U.S. Department of www.regulations.gov. Search using the interested parties concerning this Transportation, Federal Highway above DOT docket number and follow proposed action and the SEIS should be Administration (FHWA). the online instructions for submitting directed to FHWA at the address ACTION: Notice of intent to prepare a comments. provided above. Supplemental Environmental Impact • Fax: 1–202–493–2251. Statement (SEIS) and section 4(f) Paperwork Reduction • Mail or Hand Delivery: Docket evaluation. The Paperwork Reduction Act seeks, Management Facility, U.S. Department in part, to minimize the cost to the of Transportation, 1200 New Jersey SUMMARY: FHWA is issuing this notice Avenue SE., West Building, Room W12– to advise the public that a SEIS will be taxpayer of the creation, collection, maintenance, use, dissemination, and 140, Washington, DC 20590, between 9 prepared for the I–94 Rehabilitation a.m. and 5 p.m., Monday through Project. disposition of information. Consistent with this goal and with principles of Friday, except on Federal holidays. FOR FURTHER INFORMATION CONTACT: economy and efficiency in government, Comments are invited on: (a) Whether Patrick Marchman, Environmental FHWA tries to limit insofar as possible the proposed collection of information Program Manager, Federal Highway distribution of complete printed sets of is necessary for the Department’s Administration, 315 W. Allegan, Room NEPA documents. Accordingly, unless a performance; (b) the accuracy of the 201, Lansing, Michigan 48933. specific request for a complete printed estimated burden; (c) ways for the Telephone: (517) 702–1820. Email: set of the NEPA document is received Department to enhance the quality, [email protected]. before the document is printed, FHWA utility and clarity of the information SUPPLEMENTARY INFORMATION: and MDOT will distribute only collection; and (d) ways that the burden could be minimized without reducing Background electronic copies of the NEPA document. A complete printed set of the the quality of the collected information. The FHWA, in cooperation with the environmental document will be The agency will summarize and/or Michigan Department of Transportation available for review at MDOT’s offices; include your comments in the request (MDOT), will prepare a SEIS to examine an electronic copy of the complete for OMB’s clearance of this information the impacts of modifying the approved environmental document will be collection. selected alternative for the I–94 available on the Project Web site. FOR FURTHER INFORMATION CONTACT: Rehabilitation Project from the Record Quinton Ellis, 202–366–5906, Office of Issued on: June 12, 2017. of Decision (FHWA–MI–EIS–01–01–F). Security, Maritime Administration, U.S. The approved selected alternative Mark G. Lewis, Department of Transportation, 1200 included the complete reconstruction of Program Development Team Leader. New Jersey Avenue SE., Washington, 6.7 miles of I–94 in the City of Detroit, [FR Doc. 2017–14170 Filed 7–5–17; 8:45 am] DC 20590. with widening from three lanes to four BILLING CODE P SUPPLEMENTARY INFORMATION: lanes in each direction, continuous Title: Cruise Vessel Security and service roads, new interchanges at M–10 Safety Training Provider Certification. and I–75 and new bridges over I–94. DEPARTMENT OF TRANSPORTATION OMB Control Number: 2133–0547. The SEIS will study the use of local Maritime Administration Type of Request: Renewal of a roads as local connections to the service Previously Approved Information drives and interchanges, modification of [Docket No. DOT–MARAD–2017–0016] Collection. local access ramps to and from I–94, M– Abstract: Section 3508 of the Cruise 10 and I–75, and the addition of several Request for Comments on the Renewal Vessel Security and Safety Act of 2010, vehicular and pedestrian bridges as well of a Previously Approved Information Public Law 111–207 (July 27, 2010, as as non-motorized walkways/paths. The Collection: Cruise Vessel Security and codified at 46 U.S.C. 3507–3508 SEIS will analyze the potential impacts Safety Training Provider Certification (CVSSA) provides the Maritime to natural, human, and cultural AGENCY: Maritime Administration, Administrator with the discretionary resources (Section 4(f), local streets, air, Department of Transportation. authority to certify cruise vessel training noise, contaminated sites, etc.). ACTION: Notice and request for providers that comply with training Opportunity for input will be comments. standards developed by the USCG, FBI provided through a public involvement and the Maritime Administration program. A Public Hearing on the Draft SUMMARY: The Maritime Administration (MARAD). The certification process SEIS will be scheduled and held to (MARAD) invites public comments on necessarily requires applicants to
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provide supporting information to performance; (b) the accuracy of the DEPARTMENT OF TRANSPORTATION evidence their compliance with the estimated burden; (c) ways for the CVSSA training standards. Department to enhance the quality, Maritime Administration Respondents: Cruise line companies utility and clarity of the information [Docket No. MARAD–2017–0110] and maritime industry training collection; and (d) ways that the burden providers. could be minimized without reducing Requested Administrative Waiver of Affected Public: Passengers and crew the quality of the collected information. the Coastwise Trade Laws: Vessel onboard cruise lines. The agency will summarize and/or DIAMOND SEAS; Invitation for Public Estimated Number of Respondents: include your comments in the request Comments 20. for OMB’s clearance of this information Estimated Number of Responses: 20. AGENCY: Maritime Administration, collection. Estimated Hours per Response: 40. Department of Transportation. Annual Estimated Total Annual FOR FURTHER INFORMATION CONTACT: ACTION: Notice. Burden Hours: 800. Daniel Ladd, Director, 202–366–1859, Frequency of Response: Annually. Office of Financial Approvals, Maritime SUMMARY: The Secretary of Transportation, as represented by the Authority: The Paperwork Reduction Act Administration, U.S. Department of Maritime Administration (MARAD), is of 1995; 44 U.S.C. Chapter 35, as amended; Transportation, 1200 New Jersey authorized to grant waivers of the U.S.- and 49 CFR 1.93. Avenue SE., Washington, DC 20590. *** build requirement of the coastwise laws SUPPLEMENTARY INFORMATION: under certain circumstances. A request By Order of the Maritime Administrator. for such a waiver has been received by Dated: June 26, 2017. Title: Uniform Financial Reporting Requirements. MARAD. The vessel, and a brief Gabriel Chavez, description of the proposed service, is Acting Secretary, Maritime Administration. OMB Control Number: 2133–0005. listed below. [FR Doc. 2017–14095 Filed 7–5–17; 8:45 am] Type of Request: Renewal of a DATES: Submit comments on or before BILLING CODE 4910–81–P Previously Approved Information August 7, 2017. Collection. ADDRESSES: Comments should refer to Abstract: The Uniform Financial docket number MARAD–2017–0110. DEPARTMENT OF TRANSPORTATION Reporting Requirements are used as a Written comments may be submitted by Maritime Administration basis for preparing and filing semi- hand or by mail to the Docket Clerk, annual and annual financial statements U.S. Department of Transportation, [Docket No. DOT–MARAD–2017–0118] with the Maritime Administration. Docket Operations, M–30, West Regulations requiring financial reports Building Ground Floor, Room W12–140, Request for Comments on the Renewal 1200 New Jersey Avenue SE, of a Previously Approved Information to MARAD are authorized by Section 801, Merchant Marine Act, 1936, as Washington, DC 20590. You may also Collection: Uniform Financial send comments electronically via the Reporting Requirements amended (46 App. U.S.C. 1211). Financial reports are also required by Internet at http://www.regulations.gov. AGENCY: Maritime Administration. regulation of purchasers of ships from All comments will become part of this ACTION: Notice and request for MARAD on credit, companies docket and will be available for comments. chartering ships from MARAD, and of inspection and copying at the above companies having Title XI guarantee address between 10:00 a.m. and 5:00 SUMMARY: p.m., Monday through Friday, except In compliance with the obligations (46 CFR part 298). Paperwork Reduction Act of 1995, this federal holidays. An electronic version notice announces that the Information Affected Public: Vessel owners of this document and all documents Collection Request (ICR) abstracted acquiring ships from MARAD on credit, entered into this docket is available at below is being forwarded to the Office companies chartering ships from http://www.regulations.gov. of Management and Budget (OMB) for MARAD, and companies having Title XI FOR FURTHER INFORMATION CONTACT: review and comments. The Uniform guarantee obligations. Bianca Carr, U.S. Department of Financial Reporting Requirements are Estimated Number of Respondents: Transportation, Maritime used as a basis for preparing and filing 50. Administration, 1200 New Jersey semi-annual and annual financial Estimated Number of Responses: 100. Avenue SE, Room W23–453, statements with MARAD. A Federal Washington, DC 20590. Telephone 202– Register Notice with a 60-day comment Estimated Hours per Response: 9.5. 366–9309, Email [email protected]. period soliciting comments on the Annual Estimated Total Annual SUPPLEMENTARY INFORMATION: As following information collection was Burden Hours: 950. described by the applicant the intended published on April 24, 2017. Frequency of Response: Twice a year. service of the vessel DIAMOND SEAS DATES: Comments must be submitted on is: Authority: The Paperwork Reduction Act or before August 7, 2017. —Intended Commercial use of Vessel: of 1995; 44 U.S.C. Chapter 35, as amended; ADDRESSES: Send comments regarding ‘‘Private Vessel Charters, Passengers and 49 CFR 1.93. the burden estimate, including Only’’ suggestions for reducing the burden, to * * * * * —Geographic Region: ‘‘Maine, New the Office of Management and Budget, By Order of the Maritime Administrator. Hampshire, Massachusetts, Rhode Attention: Desk Officer for the Office of Dated: June 29, 2017. Island, Connecticut, New York, New the Secretary of Transportation, 725 Jersey, Pennsylvania, Delaware, 17th Street NW., Washington, DC 20503. Gabriel Chavez, Maryland, Virginia, North Carolina, Comments are invited on: (a) Whether Acting Secretary, Maritime Administration. South Carolina, Georgia, East Florida, the proposed collection of information [FR Doc. 2017–14097 Filed 7–5–17; 8:45 am] California, Oregon, Washington, and is necessary for the Department’s BILLING CODE 4910–81–P Alaska (excluding waters in
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Southeastern Alaska and waters north DEPARTMENT OF TRANSPORTATION flag vessels. If MARAD determines, in of a line between Gore Point to Cape accordance with 46 U.S.C. 12121 and Suckling [including the North Gulf Maritime Administration MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will Coast and Prince William Sound]).’’ [Docket No. MARAD–2017–0105] have an unduly adverse effect on a U.S.- The complete application is given in Requested Administrative Waiver of vessel builder or a business that uses DOT docket MARAD–2017–0110 at the Coastwise Trade Laws: Vessel U.S.-flag vessels in that business, a http://www.regulations.gov. Interested WICKED WITCH; Invitation for Public waiver will not be granted. Comments parties may comment on the effect this Comments should refer to the docket number of action may have on U.S. vessel builders this notice and the vessel name in order or businesses in the U.S. that use U.S.- AGENCY: Maritime Administration, for MARAD to properly consider the flag vessels. If MARAD determines, in Department of Transportation. comments. Comments should also state accordance with 46 U.S.C. 12121 and ACTION: Notice. the commenter’s interest in the waiver MARAD’s regulations at 46 CFR part application, and address the waiver 388, that the issuance of the waiver will SUMMARY: The Secretary of criteria given in § 388.4 of MARAD’s have an unduly adverse effect on a U.S.- Transportation, as represented by the regulations at 46 CFR part 388. Maritime Administration (MARAD), is vessel builder or a business that uses Privacy Act U.S.-flag vessels in that business, a authorized to grant waivers of the U.S.- waiver will not be granted. Comments build requirement of the coastwise laws In accordance with 5 U.S.C. 553(c), should refer to the docket number of under certain circumstances. A request DOT/MARAD solicits comments from this notice and the vessel name in order for such a waiver has been received by the public to better inform its MARAD. The vessel, and a brief for MARAD to properly consider the rulemaking process. DOT/MARAD posts description of the proposed service, is comments. Comments should also state these comments, without edit, to listed below. the commenter’s interest in the waiver www.regulations.gov, as described in DATES the system of records notice, DOT/ALL– application, and address the waiver : Submit comments on or before 14 FDMS, accessible through criteria given in § 388.4 of MARAD’s August 7, 2017. www.dot.gov/privacy. In order to regulations at 46 CFR part 388. ADDRESSES: Comments should refer to docket number MARAD–2017–0105. facilitate comment tracking and Privacy Act Written comments may be submitted by response, we encourage commenters to hand or by mail to the Docket Clerk, provide their name, or the name of their In accordance with 5 U.S.C. 553(c), U.S. Department of Transportation, organization; however, submission of DOT/MARAD solicits comments from Docket Operations, M–30, West names is completely optional. Whether the public to better inform its Building Ground Floor, Room W12–140, or not commenters identify themselves, rulemaking process. DOT/MARAD posts 1200 New Jersey Avenue SE., all timely comments will be fully these comments, without edit, to Washington, DC 20590. You may also considered. If you wish to provide www.regulations.gov, as described in send comments electronically via the comments containing proprietary or the system of records notice, DOT/ALL– Internet at http://www.regulations.gov. confidential information, please contact 14 FDMS, accessible through All comments will become part of this the agency for alternate submission www.dot.gov/privacy. In order to docket and will be available for instructions. facilitate comment tracking and inspection and copying at the above Authority: 49 CFR 1.93(a), 46 U.S.C. response, we encourage commenters to address between 10:00 a.m. and 5:00 55103, 46 U.S.C. 12121 provide their name, or the name of their p.m., Monday through Friday, except * * * * * federal holidays. An electronic version organization; however, submission of By Order of the Maritime Administrator. names is completely optional. Whether of this document and all documents Dated: June 29, 2017. or not commenters identify themselves, entered into this docket is available at Gabriel Chavez, all timely comments will be fully http://www.regulations.gov. Acting Secretary, Maritime Administration. considered. If you wish to provide FOR FURTHER INFORMATION CONTACT: comments containing proprietary or Bianca Carr, U.S. Department of [FR Doc. 2017–14090 Filed 7–5–17; 8:45 am] confidential information, please contact Transportation, Maritime BILLING CODE 4910–81–P the agency for alternate submission Administration, 1200 New Jersey Avenue SE., Room W23–453, instructions. DEPARTMENT OF TRANSPORTATION Washington, DC 20590. Telephone 202– Authority: 49 CFR 1.93(a), 46 U.S.C. 366–9309, Email [email protected]. 55103, 46 U.S.C. 12121. Pipeline and Hazardous Materials SUPPLEMENTARY INFORMATION: As Safety Administration * * * * * described by the applicant the intended By Order of the Maritime Administrator. service of the vessel WICKED WITCH is: [Docket No. PHMSA–2014–0003; PD–37(R)] Dated: June 29, 2017. —Intended Commercial Use of Vessel: Gabriel Chavez, sailboat cruising Hazardous Materials: New York City Acting Secretary, Maritime Administration. —Geographic Region: ‘‘Maryland, Permit Requirements for Virginia, District of Columbia and Transportation of Certain Hazardous [FR Doc. 2017–14094 Filed 7–5–17; 8:45 am] Florida’’ Materials BILLING CODE 4910–81–P The complete application is given in AGENCY: Pipeline and Hazardous DOT docket MARAD–2017–0105 at Materials Safety Administration http://www.regulations.gov. Interested (PHMSA), DOT. parties may comment on the effect this ACTION: Notice of administrative action may have on U.S. vessel builders determination of preemption. or businesses in the U.S. that use U.S.-
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Applicant: American Trucking • FC 2707.4 and 105.6—permit 20, 2015, FDNY submitted its comments Associations, Inc. requirement and exclusions; on ATA’s application. On October 1, Local Law Affected: New York City • FDNY Rule 2707–02—sets forth 2015, we published a notice announcing Fire Code (FC) 2707.4 and 105.6. routing, timing, escort, and other that we were reopening the comment Applicable Federal Requirements: requirements for the transportation of period in the proceeding to provide Federal hazardous material hazardous materials; provides that interested parties the opportunity to transportation law (HMTA), 49 U.S.C. permit holders need not conform to address any of the issues raised by the 5101 et seq., and the Hazardous these requirements; and FDNY comments. 80 FR 59244. Materials Regulations (HMR), 49 CFR • FC Appendix A, Section A03.1(39) In response to the October notice, we parts 171–180. and (67)—specifies the permit received written comments from ATA, Mode Affected: Highway. (inspection and re-inspection) fees. Nouveau, Inc. (Nouveau), and the SUMMARY: Inspection and Permit ATA states that motor carriers ‘‘must American Coatings Association (ACA). Requirement—Federal hazardous file a separate application for each ATA indicated that its comments were material transportation law preempts tractor or trailer,’’ and pay a $210 fee intended to ‘‘provide clarity’’ to the the Fire Department of the City of New ‘‘for each tractor or trailer to be FDNY comments submitted by York’s permit and inspection inspected, and, if approved, must be demonstrating that the City’s requirements, FC 2707.4 and 105.6 ready to present copies of the permit to registration requirement for transporting (transportation of hazardous materials), enforcement officials at their request.’’ 1 certain hazardous materials imposes an with respect to trucks based outside the The copy of the permit form provided unnecessary delay and that the inspecting jurisdiction, because by ATA contains spaces for the truck associated fees are significantly higher scheduling and conducting a vehicle and trailer numbers and the date of than similar fees charged by other inspection (as required for a permit) inspection of the vehicle or trailer. The jurisdictions. Moreover, ATA argues may cause unnecessary delays in the permit form also indicates that the that that revenue collected by the City transportation of hazardous materials ‘‘Permit expires (1) one year from the is not being used for an acceptable from locations outside the City of New above date’’ and the requirement that purpose. York. ‘‘This letter shall be carried in the cab Additionally, ATA in its comments Permit Fee—Federal hazardous of the truck and it shall be presented sought to demonstrate for the first time material transportation law preempts upon request to Fire Department that other requirements in the City’s FDNY’s permit fee requirement. representative.’’ regulations were preempted, including FOR FURTHER INFORMATION CONTACT: In summary, ATA contends that: requirements for loading and unloading, Vincent Lopez, Office of Chief Counsel, as well as the display requirement for the City of New York’s regulatory regime FNDY’s inspection sticker. However, Pipeline and Hazardous Materials Safety is deficient in several ways. Only motor Administration, U.S. Department of carriers are required to obtain the City of because ATA did not raise these Transportation, 1200 New Jersey New York’s permit, which imposes an unfair arguments in its initial petition, they Avenue SE., Washington, DC 20590; burden on a single mode of transportation. cannot be considered now. Telephone No. 202–366–4400; The permit requirements apply only to some Generally, Nouveau and ACA support Facsimile No. 202–366–7041. carriers and impedes their drivers’ ability to ATA’s position that certain provisions comply with 49 CFR 177.800(d), which SUPPLEMENTARY INFORMATION: of FDNY’s hazardous materials mandates that ‘‘hazardous materials must be requirements are preempted by the I. Background transported without unnecessary delay.’’ HMTA. Finally, the City of New York (City) cannot A. Application and Public Notice show that it is using funds generated from its B. Prior Administrative Proceedings The American Trucking Associations permit fees for hazardous materials As FDNY points out in its submission, (ATA) applied to PHMSA for a enforcement and emergency response this is not the first time that the City’s training. determination on whether Federal regulations governing the transportation hazardous material transportation law, PHMSA published notice of ATA’s of hazardous materials have been 49 U.S.C. 5101 et seq., preempts the City application in the Federal Register on adjudicated by the U.S. Department of of New York’s requirement that those April 17, 2014. 79 FR 21838. On June Transportation (DOT or Department). wishing to transport hazardous 2, 2014, the comment period closed Specifically, in support of its position, materials by motor vehicle must, in without any interested parties FDNY points to the Research and certain circumstances, obtain a permit. submitting comments. On April 27, Special Programs Administration’s This requirement is set forth in the FC 2015, we published a notice of delay in (RSPA) 2 determination in the in Title 29 of the New York City processing ATA’s application in order proceeding, City of New York Administrative Code. The Fire to conduct additional fact-finding and Application for Waiver of Preemption as Department of the City of New York legal analysis in response to the (FDNY) implements the FC rules in application. 80 FR 23328. In order to 2 Effective February 20, 2005, PHMSA was Title 3 of the Rules of the City of New ensure PHMSA had all of the relevant created to further the ‘‘highest degree of safety in York. The relevant provisions of the FC information before making a pipeline transportation and hazardous materials transportation,’’ and the Secretary of Transportation and the FDNY rules regarding the City determination, we sent a letter to FDNY redelegated hazardous materials safety functions of New York’s hazardous materials and requested that it submit its position from the Research and Special Programs inspection and permitting program, and on whether the HMTA preempts the Administration (RSPA) to PHMSA’s Administrator. related fees, include: New York City requirements that are the 49 U.S.C. 108, as amended by the Norman Y. • Mineta Research and Special Programs FC 2707—sets forth the subject of this proceeding. On August Improvement Act (Pub. L. 108–426, section 2, 118 requirements for the transportation of Stat. 2423 (Nov. 30, 2004)); and 49 CFR 1.96(b), as hazardous materials; 1 ATA states that the ‘‘$210 fee to inspect each amended at 77 FR 49987 (Aug. 17, 2012). For • FC 2707.3—prohibits the tractor or trailer’’ is ‘‘far above the prevailing norm’’ consistency, the terms ‘‘PHMSA,’’ ‘‘the agency,’’ and that ‘‘[o]ther hazardous materials transportation and ‘‘we’’ are used in the remainder of this transportation of hazardous materials in permits cost significantly less. For instance, the determination, regardless of whether an action was quantities requiring a permit without entire state of California mandates only $100 per taken by RSPA before February 20, 2005, or by such permit; motor carrier.’’ PHMSA after that date.
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to the Fire Department Regulations requirements, its unfettered discretion City’s design and construction Concerning Pickup/Delivery in granting permits, and the time requirements, and merely noted in the Transportation of Flammable and needed to process applications create abstract that preemption might not Combustible Liquids and Flammable delays in the transportation of apply to the City’s inspection and and Combustible Gases, Waiver of hazardous materials.’’ Furthermore, the permit requirements, providing that Preemption Determination (WPD)–1, 57 agency said ‘‘the delays caused by the other factors were met. The WPD–1 FR 23278 (June 2, 1992), and asserts that City’s permit system are unnecessary decision did not address the argument the Department had ‘‘previously because the City’s permit requirements that ATA now presents in this considered FDNY’s inspection and are inconsistent with the HMTA.’’ 54 FR proceeding specifically that the City’s permitting program, and related fees, at 26705. inspection and permitting program and determined that they were not Subsequently, the City sought a requirements, and related fees, should preempted[.]’’ However, FDNY’s waiver of preemption for many of the be preempted because the program discussion of the past administrative requirements found to be preempted in causes unnecessary delay and action involving its hazardous materials the IR–22 proceeding, including the unreasonable cost. Second, PHMSA inspection and permitting program does permit requirements. WPD–1, City of expressly noted that the City’s permit not accurately reflect the agency’s prior New York Application for Waiver of requirement could avoid being position on this issue. Therefore, as a Preemption as to the Fire Department preempted only if the annual permit fee preliminary matter, PHMSA believes it Regulations Concerning Pickup/ was ‘‘equitable’’ and ‘‘used for purposes is important to review the significant Delivery Transportation of Flammable related to the transportation of actions taken by the agency in prior and Combustible Liquids and hazardous materials.’’ ATA contends administrative proceedings involving Flammable and Combustible Gases, 57 that the City fails to meet these the City’s hazardous materials FR 23278 (June 2, 1992). In WPD–1, requirements. inspection and permit requirements. PHMSA denied the City’s application In Inconsistency Ruling (IR)–22, City for a waiver of preemption as to the C. Preemption Under Federal of New York Regulations Governing design and construction requirements Hazardous Material Transportation Law Transportation of Hazardous Materials, for trucks transporting flammable and As discussed in the April 17, 2014 52 FR 46574 (December 8, 1987), combustible liquids; granted a waiver of notice, 49 U.S.C. 5125 contains express Decision on Appeal, 54 FR 26698 (June preemption as to the requirements on preemption provisions relevant to this 23, 1989), the agency addressed a emergency transfers and discharging proceeding. 79 FR 21838, 21839–40. preemption challenge to the City’s gasoline by gravity into underground Subsection (a) provides that a directives requiring tank truck carriers tanks; and dismissed the City’s requirement of a State, political to receive permits before transporting application without prejudice for lack of subdivision of a State, or Indian tribe is hazardous materials in the city. In IR– information as to the requirements for preempted—unless the non-Federal 22, the agency ‘‘found that the City transporting compressed gases. In requirement is authorized by another created its own independent set of cargo addition, PHMSA found that the City’s Federal law or DOT grants a waiver of containment, equipment and related ‘‘inspection and permit requirements (as preemption under section 5125(e)—if: requirements that overlap extensive general safety measures, separate from (1) complying with a requirement of HMR requirements, are likely to its equipment requirements) . . . are not the State, political subdivision, or tribe encourage noncompliance with the preempted’’ and therefore, took no and a requirement of this chapter, a HMR, and concern subjects that action with respect to those regulation prescribed under this [PHMSA] has determined are its requirements. 57 FR at 23278. However, chapter, or a hazardous materials exclusive province under the HMTA. the agency was careful to note that its transportation security regulation or Furthermore, [the agency] found that the finding on this issue was a narrow one, directive issued by the Secretary of City’s directives result in serious delays limited by statutory requirements. Homeland Security is not possible; or in the transportation of hazardous Specifically, the agency initially said (2) the requirement of the State, materials.’’ 54 FR at 26699. Because the ‘‘[t]he permit requirements of the City political subdivision, or tribe, as applied City’s containment system and are part of, and tied to, the City’s design or enforced, is an obstacle to equipment requirements were found to and construction requirements which accomplishing and carrying out this be intimately tied to a permitting [PHMSA] found to be preempted by the chapter, a regulation prescribed under system, the agency ‘‘determined that the HMTA. For that reason, the permit this chapter, or a hazardous materials City’s permitting system for requirements were held [in IR–22] to be transportation security regulation or transportation of certain hazardous preempted as well.’’ 57 FR at 23294, directive issued by the Secretary of materials is inconsistent with the referencing IR–22; 52 FR 46582. Thus, Homeland Security.3 HMTA and the HMR, and, therefore, while PHMSA denied the request for a Subsection (b)(1) of 49 U.S.C. 5125 preempted.’’ Id. waiver of preemption as to the City’s provides that a non-Federal requirement The City appealed the IR–22 ruling, permit requirements, the agency noted concerning any of the following subjects challenging the agency’s findings, and that the permit requirements, when is preempted—unless authorized by arguing that its permitting system does considered separate and apart from the not cause delays. In the Decision on City’s design and construction 3 These two paragraphs set forth the ‘‘dual Appeal, PHMSA’s Administrator requirements, might not be preempted compliance’’ and ‘‘obstacle’’ criteria that are based affirmed IR–22, upholding the by the HMTA, ‘‘provided that (1) the on U.S. Supreme Court decisions on preemption. preemption of the City’s permitting annual permit fee is ‘equitable’ and is Hines v. Davidowitz, 312 U.S. 52 (1941); Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132 system. City of New York Regulations ‘used for purposes related to the (1963); Ray v. Atlantic Richfield, Inc., 435 U.S. 151 Governing Transportation of Hazardous transportation of hazardous materials (1978). PHMSA’s predecessor agency, the Research Materials, Decision on Appeal, 54 FR . . .’.’’ 57 FR at 23295. and Special Programs Administration, applied these 26698 (June 23, 1989). PHMSA, in The WPD–1 decision does not criteria in issuing inconsistency rulings under the original preemption provisions in Section 112(a) of affirming the finding that the permit mandate a finding in favor of the City the Hazardous Materials Transportation Act system caused delay, said the City’s here, for two reasons. First, PHMSA was (HMTA), Public Law 93–633, 88 Stat. 2161 (Jan. 3, ‘‘burdensome permit application addressing arguments based on the 1975).
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another Federal law or DOT grants a hazardous materials transportation.’’ S. render such provisions inconsistent’’ waiver of preemption—when the non- Rep. No. 1192, 93rd Cong. 2nd Sess. 37 with Federal hazardous material Federal requirement is not (1974). A United States Court of transportation law, but are more ‘‘substantively the same as’’ a provision Appeals has found uniformity was the appropriately addressed in the of Federal hazardous material ‘‘linchpin’’ in the design of the Federal appropriate State or local forum. transportation law, a regulation laws governing the transportation of Preemption Determination (PD)–14(R), prescribed under that law, or a hazardous materials. Colorado Pub. Util. Houston, Texas, Fire Code hazardous materials security regulation Comm’n v. Harmon, 951 F.2d 1571, Requirements on the Storage, or directive issued by the Department of 1575 (10th Cir. 1991). Transportation, and Handling of Homeland Security: Under 49 U.S.C. 5125(d)(1), any Hazardous Materials, 63 FR 67506, (A) The designation, description, and person (including a State, political 67510 n.4 (Dec. 7, 1998), decision on classification of hazardous material. subdivision of a State, or Indian tribe) petition for reconsideration, 64 FR (B) the packing, repacking, handling, directly affected by a requirement of a 33949 (June 24, 1999), quoting from IR– labeling, marking, and placarding of State, political subdivision or Indian 31, Louisiana Statutes and Regulations hazardous material. tribe may apply to the Secretary of on Hazardous Materials Transportation, (C) the preparation, execution, and Transportation for a determination 55 FR 25572, 25584 (June 21, 1990), use of shipping documents related to whether the requirement is preempted. appeal dismissed as moot, 57 FR 41165 hazardous material and requirements The Secretary of Transportation has (Sept. 9, 1992), and PD–4(R), California related to the number, contents, and delegated authority to PHMSA to make Requirements Applicable to Cargo placement of those documents. determinations of preemption, except Tanks Transporting Flammable and (D) the written notification, recording, for those concerning highway routing Combustible Liquids, 58 FR 48940 and reporting of the unintentional (which have been delegated to the (Sept. 20, 1993), decision on release in transportation of hazardous Federal Motor Carrier Safety reconsideration, 60 FR 8800 (Feb. 15, material and other written hazardous Administration). 49 CFR 1.97(b). 1995). materials transportation incident Section 5125(d)(1) requires notice of In making preemption determinations reporting involving State or local an application for a preemption under 49 U.S.C. 5125(d), PHMSA is emergency responders in the initial determination to be published in the guided by the principles and policies set response to the incident. Federal Register. Following the receipt forth in Executive Order No. 13132, (E) the designing, manufacturing, and consideration of written comments, entitled ‘‘Federalism’’ (64 FR 43255 fabricating, inspecting, marking, PHMSA publishes its determination in (Aug. 10, 1999)), and the President’s maintaining, reconditioning, repairing, the Federal Register. See 49 CFR May 20, 2009 memorandum on or testing a package, container, or 107.209(c). A short period of time is ‘‘Preemption’’ (74 FR 24693 (May 22, packaging component that is allowed for filing of petitions for 2009)). Section 4(a) of that Executive represented, marked, certified, or sold reconsideration. 49 CFR 107.211. A Order authorizes preemption of State as qualified for use in transporting petition for judicial review of a final laws only when a statute contains an hazardous material in commerce.4 preemption determination must be filed express preemption provision, there is In addition, 49 U.S.C. 5125(f)(1) in the United States Court of Appeals other clear evidence Congress intended for the District of Columbia or in the provides that a State, political to preempt State law, or the exercise of Court of Appeals for the United States subdivision, or Indian tribe ‘‘may State authority directly conflicts with for the circuit in which the petitioner impose a fee related to transporting the exercise of Federal authority. The resides or has its principal place of hazardous material only if the fee is fair President’s May 20, 2009 memorandum business, within 60 days after the and used for a purpose related to sets forth the policy ‘‘that preemption of determination becomes final. 49 U.S.C. transporting hazardous material, State law by executive departments and 5127(a). including enforcement and planning, agencies should be undertaken only developing, and maintaining a Preemption determinations do not address issues of preemption arising with full consideration of the legitimate capability for emergency response.’’ 5 prerogatives of the States and with a The preemption provisions in 49 under the Commerce Clause, the Fifth Amendment or other provisions of the sufficient legal basis for preemption.’’ U.S.C. 5125 reflect Congress’s long- Section 5125 contains express standing view that a single body of Constitution, or statutes other than the Federal hazardous material preemption provisions, which PHMSA uniform Federal regulations promotes transportation law unless it is necessary has implemented through its safety (including security) in the to do so in order to determine whether regulations. transportation of hazardous materials. a requirement is authorized by another Some forty years ago, when considering II. Discussion Federal law, or whether a fee is ‘‘fair’’ the Hazardous Materials Transportation within the meaning of 49 U.S.C. A. Inspection and Permit Requirement. Act, the Senate Commerce Committee 5125(f)(1). A State, local or Indian tribe ATA argues that the FDNY permit and ‘‘endorse[d] the principle of preemption requirement is not authorized by inspection requirements cause in order to preclude a multiplicity of another Federal law merely because it is unnecessary delays because the process State and local regulations and the not preempted by another Federal ‘‘delays drivers whose fastest route is potential for varying as well as statute. Colorado Pub. Util. Comm’n v. through the city[.]’’ conflicting regulations in the area of Harmon, above, 951 F.2d at 1581 n.10. FDNY believes its permit and In addition, PHMSA does not generally inspection process is ‘‘lawful and 4 To be ‘‘substantively the same,’’ the non-Federal requirement must conform ‘‘in every significant consider issues regarding the proper proper, consistent with Federal law and respect to the Federal requirement. Editorial and application or interpretation of a non- regulations, promotes public safety . . . other similar de minimis changes are permitted.’’ 49 Federal regulation, but rather how such and does not unreasonably burden CFR 107.202(d). requirements are actually ‘‘applied or interstate commerce or motor carriers.’’ 5 See also 49 U.S.C. 5125(c) containing standards which apply to preemption of non-Federal enforced.’’ Rather, ‘‘isolated instances of According to FDNY, the permit requirements on highway routes over which improper enforcement (e.g., process has been streamlined in recent hazardous materials may or may not be transported. misinterpretation of regulations) do not years to provide for the immediate
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issuance of the permit, provided of First, travel and wait times associated within the inspecting jurisdiction course, that the vehicle passes the with an inspection are not generally ‘‘should be able to present their trucks inspection. FDNY explains that a motor considered unnecessary delays. PD– for an inspection . . . without incurring carrier can obtain a same day inspection 13(R), Decision on Petition for an unnecessary delay in the delivery of by simply showing up at FDNY’s Reconsideration, 65 FR 60238, 60243 [hazardous materials]. They should be Hazardous Cargo Unit (HCU). Or (Oct. 10, 2000); PD–4(R) at 48941. able to plan and schedule inspections alternatively, the motor carrier can make However, a delay of hours or days without any interruption of deliveries.’’ arrangements to have its fleet inspected waiting for the arrival of an inspector 65 FR at 60244. And on the few at its own facility. FDNY estimates the from another location is unnecessary, occasions where an inspection must be whole process takes approximately 30 because it substantially increases the performed on short notice, it is minutes. time hazardous materials are in reasonable to consider this an exception PHMSA has acknowledged that transportation, increasing exposure to and simply a part of doing business, vehicle and container inspections are an the risks of the hazardous materials rather than an unreasonable delay under ‘‘integral part of a program to assure the without corresponding benefit. PD– the HMR. Id. safe transportation of hazardous 28(R) at 60243; PD–4(R) at 48941. However, with respect to motor materials in compliance with the HMR.’’ Second, a State’s annual inspection vehicles that are based outside the PD–28(R), Town of Smithtown, New requirement applied to vehicles that inspecting jurisdiction, FDNY’s process York Ordinance on Transportation of operate solely within the State is doesn’t appear to be as flexible or Liquefied Petroleum Gas, 67 FR 15276, presumptively valid because it would accommodating as it portrays. For 15278 (Mar. 29, 2002). not create the potential for delays example, although FDNY says a same- Also, the agency has specifically associated with entering the State or day inspection at the HCU is possible, found that inspections conducted by being rerouted around the State. A the unit is only open for operation, State or local governments to assure carrier whose vehicles are based within Monday through Friday, from 7:30 a.m. compliance with Federal or consistent the inspecting jurisdiction should be to 3:00 p.m. Since the permit and requirements are themselves consistent able to schedule an inspection at a time inspection program is not limited to one with Federal hazardous material that does not disrupt or unnecessarily specific class of hazardous material, and transportation law and not preempted. delay deliveries. 65 FR at 60243; 60 FR considering that the HCU is only open PD–28(R) at 15278; PD–4(R), California at 8803; PD–13(R) at 45286. Requirements Applicable to Cargo But, when applied to vehicles based weekdays until 3:00 p.m., an Tanks Transporting Flammable and outside of the inspecting jurisdiction, a unpermitted motor carrier based outside Combustible Liquids, 58 FR 48933, State or local periodic inspection FDNY’s jurisdiction would have no 48940 (Sept. 20, 1993), Decision on requirement has an inherent potential to recourse when it arrives to pick up or Petition for Reconsideration, 60 FR 8800 cause unnecessary delays because the deliver hazardous materials in the City (Feb. 15, 1995), quoting IR–20, call and demand nature of common (requires a permit) and discovers that Triborough Bridge and Tunnel carriage makes it impossible to predict the HCU is closed. FDNY indicates that Authority Regulations, etc., 52 FR in advance which vehicles may be there is some flexibility in performing 24396, 24398 (June 30, 1987). needed for a pick-up or delivery within inspections, i.e., a motor carrier can Accordingly, the agency ‘‘has a particular jurisdiction and impractical arrange for fleet inspections at its own encouraged States and local to have all vehicles inspected every year facility, and that it has co-located FDNY governments to adopt and enforce the (or alternatively, inspection of select inspection operations with other requirements in the HMR ‘through both vehicles dedicated to the inspecting regulatory departments. But fleet periodic and roadside spot jurisdiction). PD–28(R) at 15279, inspections at a motor carrier’s own inspections.’ ’’ PD–28(R) at 15278, referring to the discussion in PD–4(R) 58 facility appear to be impractical where quoting PD–4(R), 58 FR at 48940 and FR at 48938–41, and PD–13(R), 65 FR the facility is located outside the City’s PD–13(R), Nassau County, New York, 60242–44. jurisdiction. And, although co-locating Ordinance on Transportation of Last, a State or local government may the HCU with the City’s other regulatory Liquefied Petroleum Gases, 63 FR apply an annual inspection requirement departments may be an operational 45283, 45286 (Aug. 25, 1998), Decision to trucks based outside its jurisdictional convenience, it is not relevant to the on Petition for Reconsideration, 65 FR boundaries ‘‘only if the [State or local issue here. More importantly, FDNY is 60238 (Oct. 10, 2000), quoting from government] can actually conduct the silent on whether it is capable of WPD–1, New York City Fire Department equivalent of a ‘spot’ inspection upon performing a ‘spot’ inspection upon a Regulations, etc., 57 FR 23278, 23295 the truck’s arrival within the local motor carrier’s arrival within its (June 2, 1992). jurisdiction. The [State or local jurisdiction. Therefore, it does not But to be consistent with the HMTA government] may not require a permit or appear that FDNY is able to conduct and the HMR, a non-Federal inspection inspection for trucks that are not based inspections and issue permits ‘‘on of a vehicle or container used to within the local jurisdiction if the truck demand.’’ As ATA pointed out, FDNY is transport a hazardous material must not must interrupt its transportation of ‘‘unable to apply the inspection and conflict with the requirement in 49 CFR [hazardous materials] for several hours permitting process at the roadside[,]’’ 177.800(d), which states: or longer in order for an inspection to and ‘‘FDNY’s policy requires the truck All shipments of hazardous materials must be conducted and a permit to be to ‘interrupt its transportation . . . for be transported without unnecessary delay, issued.’’ 65 FR at 60244. several hours’ by traveling to the FDNY from and including the time of Applying these principles to FDNY’s inspection site and being inspected commencement of the loading of the permit and inspection program, it before returning to productive hazardous material until its final unloading appears that the program would not service[.]’’ Comments of ATA at 5, at destination. cause unnecessary delays in the quoting 67 FR at 15279. Although ATA In prior decisions, the agency has transportation of hazardous materials did not specify that its members have identified several principles regarding with respect to motor vehicles that are actually experienced delays of this kind unnecessary delay that are relevant to based within FDNY’s jurisdiction. As and duration, our prior determinations this proceeding. noted in PD–13(R), motor carriers based on this issue support the position that
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when FDNY is confronted with the requirements were not preempted. conferred[.]’’ 405 U.S. at 716–17, 92 unannounced arrival of a motor carrier However, as discussed above in the S.Ct. at 1355. Following Evansville- based outside its jurisdiction, it should prior administrative proceedings Vanderburgh, the Court stated that ‘‘a be capable of conducting the equivalent section, the WPD–1 language was levy is reasonable under Evansville if it of a spot or roadside inspection to avoid conditioned on the City separating and (1) is based on some fair approximation unnecessary delays. FDNY has not severing the permit fee requirements of the use of the facilities, (2) is not shown that its program has this from the preempted truck design and excessive in relation to the benefits flexibility. construction requirements. More conferred, and (3) does not discriminate PHMSA, for the reasons set forth importantly however, PHMSA expressly against interstate commerce.’’ Northwest above, finds that the HMTA does not noted that the City’s permit requirement Airlines, Inc. v. Kent, 510 U.S. 355, 367– preempt FDNY’s permit and inspection could only avoid being preempted if the 68, 114 S.Ct. 855, 864 (1994). requirements, FC 2707.4 and 105.6 annual permit fee was ‘‘equitable’’ and In PD–21, PHMSA evaluated (transportation of hazardous materials), ‘‘used for purposes related to the Tennessee’s requirement for hazardous with respect to motor vehicles that are transportation of hazardous materials.’’ waste transporters to pay an annual based within the inspecting jurisdiction. Since that time, the City’s current $650 remedial action fee. In that matter, On the other hand, PHMSA finds that inspection and permitting (including PHMSA observed that there was no FDNY’s permit and inspection fees) regulatory scheme has not been evidence that Tennessee’s annual fixed requirements create an obstacle to challenged on these issues. Therefore, fee had any approximation to a accomplishing and carrying out the FDNY’s contention that its permit fees transporter’s use of roads or other HMR’s prohibition against unnecessary are valid based on the language in facilities within the State or that there delays in the transportation of WPD–1 is not persuasive. The challenge were genuine administrative burdens hazardous materials on vehicles based to the validity of the permit fees as now that prevented the application of a more outside of the inspecting jurisdiction. raised in this proceeding, requires that finely graduated fee. Id. PHMSA thus Accordingly, the HMTA preempts PHMSA determine that the fees satisfy concluded that the fee was not ‘‘fair’’ FDNY’s permit and inspection the statutory requirements. and was preempted. requirements, FC 2707.4 and 105.6 The HMTA provides that ‘‘[a] State, In PD–18, Broward County, Florida’s (transportation of hazardous materials), political subdivision of a State, or Requirements on the Transportation of with respect to trucks based outside the Indian tribe may impose a fee related to Certain Hazardous Materials to or From inspecting jurisdiction. transporting hazardous material only if Points in the County, 65 FR 81950 (December 27, 2000), Decision on B. Permit Fee. the fee is fair and used for a purpose related to transporting hazardous Petition for Reconsideration, 67 FR ATA challenges FDNY’s material, including enforcement and 35193 (May 17, 2002), PHMSA transportation of hazardous materials planning, developing, and maintaining a preempted the County’s licensing fee for permit fee on the grounds that it is not capability for emergency response.’’ 49 hazardous waste transporters. In making ‘‘fair’’ and that it is not being used for U.S.C. 5125(f)(1). In prior preemption its determination, the agency followed purposes that are related to the determinations, PHMSA has utilized the fairness test discussed in Tennessee transportation of hazardous material. tests for determining whether a fee is and emphasized that a fee discriminates ATA also alleges that FDNY has not ‘‘fair’’ and whether it is ‘‘used for a against interstate commerce if there is a sufficiently accounted for the revenues purpose related to transporting ‘‘lack of any relationship between the generated by its ‘‘hazardous materials hazardous material.’’ fees paid and the respective benefits registration program.’’ Nouveau echoed received by interstate and intrastate ATA’s assertion that FDNY is not using 1. The Fairness Test carriers.’’ PD–18 at 81959 (quoting PD– the revenue generated from the fees for PHMSA has determined that the test 21). The agency went on to say that the authorized purposes and contends that of reasonableness in Evansville- case in Broward County was similar to FDNY has not provided any evidence Vanderburgh Airport Auth. v. Delta the situation in Tennessee because the regarding the collection and use of the Airlines, Inc. 405 U.S. 707, 92 S.Ct. 1349 County ‘‘requires that any person fees. (1972) ‘‘appears to be the most transporting . . . waste ‘to from, and According to FDNY, permit revenues, appropriate one for interpreting the within’ the County must obtain a waste like all revenues received by City fairness requirement in [the HMTA].’’ transporter license.’’ PHMSA also noted agencies, are paid into a general City PD–21, Tennessee Hazardous Waste that the fee for obtaining the waste fund, with the amounts credited toward Transporter Fee and Reporting transport license ‘‘apparently is the agency, bureau and unit operations. Requirements, 64 FR 54474, 54478 same for every transporter’’ without Over the past three years, annual (October 6, 1999).7 being based on some fair approximation revenue generated from the permit fees In Evansville-Vanderburgh, the of use of facilities, i.e., roads or other ranged from $250,000 to $450,000.6 Supreme Court found that a state or facilities within the State. PD–18 at FDNY claims it expends on an annual local ‘‘toll’’ would pass constitutional 81959. basis, ‘‘tens of millions of dollars’’ for its muster ‘‘so long as the toll is based on Here, FDNY has acknowledged its hazardous materials response some fair approximation of use or permit fee is a flat fee applicable to operations, including staffing, training privilege for use . . . and is neither motor carriers whether they are engaged and equipping the HMU and other discriminatory against interstate in interstate or intrastate transportation specialized units, but it provided no commerce nor excessive in comparison of hazardous materials. Moreover, specific figures. with the governmental benefit FDNY admitted that it does not It is FDNY’s position that its maintain statistics as to whether motor inspection and permitting program, and 7 Complaint for judicial review, Tennessee v. U.S. carriers are engaged in interstate or related fees, are not preempted because Dept. of Transportation, C.A. No. 3–99–1126 (M.D. intrastate commerce. Consequently, it believes the agency already addressed Tenn.), filed Dec. 3, 1999; order denying claim of since there is no evidence showing that state sovereignty (Feb. 27, 2001); affirmed and this issue, and found that the remanded, 326 F.3d 729 (6th Cir.); cert. denied, 124 FDNY’s flat fee is apportioned to a S.Ct. 464 (2003); judgment in favor of DOT and motor carrier based on some 6 FY2013; FY2015 (July 1 through June 30). AWHMT (June 28, 2004). approximation of the benefit conferred
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to the permit holders, it discriminates generated by its hazardous materials PHMSA’s Chief Counsel on the petition against interstate commerce. registration program. Therefore, without for reconsideration will be PHMSA’s Furthermore, there is no evidence that any evidence from FDNY on how it uses final action. 49 CFR 107.211(d). a more finely graduated fee would pose the permit fees that it collects, PHMSA Issued in Washington, DC, on June 29, genuine administrative burdens on the cannot find that the fees are used for 2017. City. PHMSA therefore finds that the purposes related to hazardous materials Vasiliki Tsaganos, FDNY’s permit fee is not fair and is transportation, and thus, FDNY’s permit Acting Chief Counsel. preempted. fee is preempted under the ‘‘used for’’ test. [FR Doc. 2017–14147 Filed 7–5–17; 8:45 am] 2. The ‘‘Used For’’ Test BILLING CODE 4910–60–P Under the HMTA, a State, political III. Ruling subdivision of a State, or Indian tribe Inspection and Permit Requirement— may impose a fee related to transporting PHMSA finds that FDNY’s permit and DEPARTMENT OF THE TREASURY hazardous material, but only if the fee inspection requirements, FC 2707.4 and is used for a purpose related to 105.6 (transportation of hazardous Promoting Energy Independence and transporting hazardous material, materials), create an obstacle to Economic Growth; Request for including enforcement and planning, accomplishing and carrying out the Information developing, and maintaining a HMR’s prohibition against unnecessary capability for emergency response. 49 delays in the transportation of AGENCY: Department of the Treasury. U.S.C. 5125(f)(1). Therefore, non- hazardous materials on vehicles based ACTION: Request for information. Federal fees that are collected in outside of the inspecting jurisdiction. relation to the transportation of Accordingly, the HMTA preempts SUMMARY: Through this request for hazardous materials must be used for a FDNY’s permit and inspection information, the Department of the related purpose; otherwise they are requirements with respect to vehicles Treasury is soliciting input from the preempted. PD–22, New Mexico based outside the inspecting public on implementation and Requirements for the Transportation of jurisdiction. PHMSA, however, finds compliance with Executive Order Liquefied Petroleum Gas, 67 FR 59386 that the HMTA does not preempt 13783, Promoting Energy Independence (Sept. 20, 2002); PD–18 at 81959; PD–21 FDNY’s permit and inspection and Economic Growth. at 54479. requirements with respect to motor DATES: Comment due date: July 14, In prior preemption determinations, vehicles that are based within the 2017. PHMSA has acknowledged that a State, inspecting jurisdiction. political subdivision of a State, or Permit Fee—PHMSA finds that FDNY ADDRESSES: Interested persons are Indian tribe does not have to create and has not shown that the fee it imposes invited to submit comments in response maintain a separate account for fees with respect to its permit and inspection to this notice according to the related to the transportation of requirements is ‘‘fair’’ or ‘‘used for a instructions below. All submissions hazardous materials. However, ‘‘[i]f the purpose related to transporting must refer to the document title. [non-Federal entity] prefers not to create hazardous material,’’ as required by 49 Treasury encourages the early and maintain a separate fund for fees U.S.C. 5125(f)(1). Accordingly, the submission of comments. paid . . . then it must show that it is HMTA preempts FDNY’s permit fee Electronic Submission of Comments. actually spending these fees on the requirement. Interested persons must submit purposes permitted by the law. In this comments electronically through the area where only the [non-Federal entity] IV. Petition for Reconsideration/ Federal eRulemaking Portal at http:// has the information concerning where Judicial Review www.regulations.gov. Electronic these funds are spent, more specific In accordance with 49 CFR submission of comments allows the accounting is required.’’ PD–21 at 107.211(a), any person aggrieved by this commenter maximum time to prepare 54479. decision may file a petition for and submit a comment, ensures timely FDNY acknowledged that the revenue reconsideration within 20 days of receipt, and enables the Department to it receives through its permit program is publication of this decision in the make comments available to the public. put into a general City fund; which is Federal Register. A petition for judicial Comments submitted electronically permissible, provided it can show the review of a final preemption through the http://www.regulations.gov funds are used for purposes related to determination must be filed in the Web site can be viewed by other the transportation of hazardous United States Court of Appeals for the commenters and interested members of materials. FDNY believes that the District of Columbia or in the Court of the public. Commenters should follow revenue is used for permitted purposes Appeals for the United States for the the instructions provided on that site to because it contributes to the cost of circuit in which the petitioner resides or submit comments electronically. staffing, training, and equipping its has its principal place of business, Public Inspection of Comments. In HCU. However, FDNY also indicated within 60 days after the determination general, all properly submitted that the inspection fee largely covers the becomes final. 49 U.S.C. 5127(a). comments will be available for cost of the inspection and the This decision will become PHMSA’s inspection and downloading at http:// administrative processing of the permit. final decision 20 days after publication www.regulations.gov. Here, apart from general statements in the Federal Register if no petition for Additional Instructions. In general, about how the revenue is used, FDNY reconsideration is filed within that time. comments received, including does not provide specific figures. The filing of a petition for attachments and other supporting FDNY’s failure to provide definitive reconsideration is not a prerequisite to materials, are part of the public record information on the allocation of permit seeking judicial review of this decision and are made available to the public. Do revenues is not sufficient to refute under 49 U.S.C. 5127(a). not enclose any information in your ATA’s direct challenge of the permit fee If a petition for reconsideration is comment or supporting materials that on the grounds that FDNY has not filed within 20 days of publication in you consider confidential or sufficiently accounted for revenues the Federal Register, the action by inappropriate for public disclosure.
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FOR FURTHER INFORMATION CONTACT: domestically produced energy numbers, citations, or other identifiers Heidi Cohen, Office of the General resources, with particular attention to and should include a description of the Counsel at 202–622–1142. oil, natural gas, coal, and nuclear energy burden imposed and how it could best resources. be addressed (e.g., through repeal, SUPPLEMENTARY INFORMATION: Executive The Department of the Treasury, modification, streamlining efforts, Order 13783, published on March 28, pursuant to Executive Order 13783, is regulatory flexibilities, etc.). 2017, states that it is in the national undertaking a review of its regulatory, The Department advises that this interest to promote clean and safe subregulatory, and other policy notice and request for comments is development of energy resources, while documents that could potentially issued for information and policy at the same time avoiding regulatory burden the safe, efficient development development purposes. Although the burdens that unnecessarily encumber of domestic energy resources. To assist Department encourages responses to energy production, constrain economic in this effort, the Department invites this notice, such comments do not bind growth, and prevent job creation. members of the public to submit views the Department to take any further Section 2 of the Order requires the head or recommendations on those items, actions related to the submission. of each executive department and including regulations, forms, policies, agency to review all of the agency’s orders, and related documents, the Dated: June 27, 2017. existing regulations, orders, guidance removal or modification of which could Brian Callanan, documents, policies, and any other reduce burdens as outlined in the Acting General Counsel. similar agency actions that potentially Executive Order. Comments should [FR Doc. 2017–14100 Filed 7–5–17; 8:45 am] burden the development or use of include specific references to form BILLING CODE 4810–25–P
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Part II
Department of Commerce
National Oceanic and Atmospheric Administration Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Sand Point City Dock Replacement Project in Sand Point, Alaska; Notice
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DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Rob (NEPA; 42 U.S.C. 4321 et seq.) and Pauline, Office of Protected Resources, NOAA Administrative Order (NAO) National Oceanic and Atmospheric NMFS, (301) 427–8401. Electronic 216–6A, NMFS must review the Administration copies of the applications and proposed action with respect to RIN 0648–XF370 supporting documents, as well as a list environmental consequences on the of the references cited in this document, human environment. Accordingly, Takes of Marine Mammals Incidental to may be obtained by visiting the Internet NMFS has preliminarily determined Specified Activities; Taking Marine at: www.nmfs.noaa.gov/pr/permits/ that the issuance of the proposed IHA Mammals Incidental to the Sand Point incidental/construction.htm. In case of qualifies to be categorically excluded City Dock Replacement Project in Sand problems accessing these documents, from further NEPA review. This action Point, Alaska please call the contact listed above. is consistent with categories of activities SUPPLEMENTARY INFORMATION: identified in CE B4 of the Companion AGENCY: National Marine Fisheries Manual for NOAA Administrative Order Background Service (NMFS), National Oceanic and 216–6A, which do not individually or Atmospheric Administration (NOAA), Sections 101(a)(5)(A) and (D) of the cumulatively have the potential for Commerce. MMPA (16 U.S.C. 1361 et seq.) direct significant impacts on the quality of the ACTION: Notice; proposed incidental the Secretary of Commerce to allow, human environment and for which we harassment authorization; request for upon request, the incidental, but not have not identified any extraordinary comments. intentional, taking of small numbers of circumstances that would preclude this marine mammals by U.S. citizens who SUMMARY: NMFS has received an categorical exclusion. engage in a specified activity (other than application from the Alaska Department commercial fishing) within a specified Summary of Request of Transportation and Public Facilities geographical region if certain findings (ADOT&PF) for an Incidental On September 16, 2016, NMFS are made and either regulations are Harassment Authorization (IHA) to take received an application from ADOT&PF issued or, if the taking is limited to marine mammals, by harassment, for the taking of marine mammals harassment, a notice of a proposed incidental to Sand Point City Dock incidental to replacing the city dock in authorization is provided to the public Replacement Project in Sand Point, Sand Point, Alaska. On April 11, 2017, for review. ADOT&PF submitted a revised Alaska. Pursuant to the Marine Mammal An authorization for incidental Protection Act (MMPA), NMFS is application that NMFS determined was takings shall be granted if NMFS finds requesting comments on its proposal to adequate and complete. ADOT&PF that the taking will have a negligible issue an IHA to ADOT&PF to proposes to conduct in-water activities impact on the species or stock(s), will incidentally take marine mammals that may incidentally take, by Level A not have an unmitigable adverse impact during the specified activities. and Level B harassment, marine on the availability of the species or DATES: Comments and information must mammals. Proposed activities included stock(s) for subsistence uses (where as part of the Sand Point City Dock be received no later than August 7, relevant), and if the permissible 2017. Replacement Project with potential to methods of taking and requirements affect marine mammals include impact ADDRESSES: Comments on the pertaining to the mitigation, monitoring hammer pile driving and vibratory pile applications should be addressed to and reporting of such takings are set driving and removal. This IHA would be Jolie Harrison, Chief, Permits and forth. valid from August 1, 2018 through July Conservation Division, Office of NMFS has defined ‘‘negligible 31, 2019. Protected Resources, National Marine impact’’ in 50 CFR 216.103 as an impact Species with the expected potential to Fisheries Service. Physical comments resulting from the specified activity that be present during the project timeframe should be sent to 1315 East-West cannot be reasonably expected to, and is include harbor seal (Phoca vitulina), Highway, Silver Spring, MD 20910 and not reasonably likely to, adversely affect Steller sea lion (Eumetopias jubatus), electronic comments should be sent to the species or stock through effects on harbor porpoise (Phocoena phocoena), [email protected]. annual rates of recruitment or survival. Dall’s porpoise (Phocoenoides dalli), Instructions: NMFS is not responsible The MMPA states that the term ‘‘take’’ killer whale (Orcinus orca), humpback for comments sent by any other method, means to harass, hunt, capture, kill or whale (Megaptera novaeangliae), fin to any other address or individual, or attempt to harass, hunt, capture, or kill whale (Balaenoptera physalus), gray received after the end of the comment any marine mammal. whale (Eschrichtius robustus), and period. Comments received Except with respect to certain minke whale (Balaenoptera electronically, including all activities not pertinent here, the MMPA acutorostrata). attachments, must not exceed a 25- defines ‘‘harassment’’ as: Any act of megabyte file size. Attachments to pursuit, torment, or annoyance which (i) Description of Specified Activities electronic comments will be accepted in has the potential to injure a marine Overview Microsoft Word or Excel or Adobe PDF mammal or marine mammal stock in the file formats only. All comments wild (Level A harassment); or (ii) has ADOT&PF proposes to construct a received are a part of the public record the potential to disturb a marine new dock in Sand Point, Alaska. The and will generally be posted to the mammal or marine mammal stock in the existing city dock was built in 1984 and Internet at www.nmfs.noaa.gov/pr/ wild by causing disruption of behavioral is in need of replacement, as it is permits/incidental/construction.htm patterns, including, but not limited to, nearing the end of its operational life without change. All personal identifying migration, breathing, nursing, breeding, due to corrosion and wear. The dock information (e.g., name, address) feeding, or sheltering (Level B receives barge service from Seattle voluntarily submitted by the commenter harassment). weekly throughout the year. The dock may be publicly accessible. Do not also regularly handles processed submit confidential business National Environmental Policy Act seafood. Given the lack of road access to information or otherwise sensitive or To comply with the National Sand Point, the city dock is an essential protected information. Environmental Policy Act of 1969 component of infrastructure providing
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critical access between Sand Point and 30-inch-diameter, 100-foot-long Dates and Duration the Pacific Northwest region. permanent steel pipe piles. Fender piles In-water pile driving and extraction Impact and vibratory driving of piles installed at the dock face would be 8 activities are expected to take place over and vibratory pile removal is expected round, 24-inch-diameter, 80-foot-long a total of approximately 32 working to take place over a total of permanent steel pipe piles. The single days within a 5-month window from approximately 32 working days within mooring dolphin would consist of 3 August 1, 2018 through December 31, a 5-month window from August 1, 2018 round, 24-inch-diameter, 120-foot-long 2018. ADOT&PF has requested that the through December 31, 2018. However, permanent battered steel pipe piles. proposed IHA be valid for a period of due to the potential for unexpected This equates to a total of 63 permanent one year in case there are delays. Table delays, up to 40 working days may be piles. Up to 90 temporary piles would 1 illustrates the anticipated number of required. ADOT&PF is asking for the be installed and removed during days required for installation and proposed IHA to be valid for a period construction of the dock and would be removal of various pile types. Pile of one year. The new dock would be either H-piles or pipe piles with a driving and removal may occur for up supported by approximately 52 round, diameter of less than 24 inches. to 4.5 hours per day.
TABLE 1—ESTIMATED NUMBER OF DAYS REQUIRED FOR PILE INSTALLATION AND REMOVAL
Number of Activity piles Days required
Support pile installation ...... 52 13 Temporary pile installation and removal ...... 90 15 Dolphin pile installation ...... 3 2 Fender pile installation ...... 8 2
Total Days ...... 32 Total Days with 25 percent contingency ...... 40
Specified Geographic Region Figure 5–1 in Application). New shot diesel impact hammer or equivalent The Sand Point city dock is located in rock fill would be placed on the would be used to install the piles. the city of Sand Point, Alaska, on the seaward side of the existing causeway to Project design engineers anticipate an northwest side of Popof Island, in the support dock construction and create an impact strike rate of approximately 40 western Gulf of Alaska. Sand Point is additional upland area for safe strikes per minute, based on substrate part of the Aleutians East Borough and passenger staging and maneuvering of density, pile types, and hammer type, is located approximately 10 miles (16 equipment. Pile installation and which equates to approximately 1,000 kilometers) south of the Alaska removal activities will potentially result strikes for each 30-inch dock support Peninsula. Popof Island is one of the in take of marine mammals. There is no pile, 400 strikes for each dolphin pile, Shumagin Islands in the western Gulf of mapped high tide line at Sand Point, and 120 strikes for each fender pile. Alaska and is approximately 16 and, therefore, engineers will use Mean Permanent dock support piles would kilometers (10 miles) long, 8 kilometers Higher High Water (MHHW) to be installed using both vibratory and (5 miles) wide, and covers 93.7 square determine the placement of fill. This fill impact hammers; both methods of kilometers (36.2 square miles). It is would be placed above and below installation typically occur within the located immediately east of the much MHHW to increase the causeway’s areal same day. Permanent piles are first larger Unga Island, and Popof Strait extent and would be stabilized through installed with a vibratory hammer for separates the two islands. The City of the use of new and salvaged armor rock approximately 45 minutes to insert the Sand Point is the largest community in protection. Approximately 38,600 pile through the overburden sediment the Shumagin Islands. See Figure 1–1 in square feet of fill and 28,500 square feet layer and into the bearing layer. The ADOT&PF’s Application. of armor rock would be required for vibratory hammer is then replaced with The Sand Point city dock is located in breakwater expansion. Shot rock fill the impact hammer, which is used to Humboldt Harbor, on the southwest side deposition activities are not expected to install the pile for the last 15 to 20 feet of the city of Sand Point. The existing generate underwater sound at levels that (approximately 25 minutes). Up to four dock is located on the causeway of Sand would result in Level A or Level B permanent piles would be installed per Point’s ‘‘New Harbor’’ at the end of Boat harassment. Therefore, this specific day, for a total of 180 minutes of Harbor Road, and the proposed activity will not result in take of marine vibratory and 100 minutes of impact replacement dock is proposed to be mammal and will not be discussed installation per day. Installation of located immediately adjacent to further. permanent piles would require about 13 (southwest of) the existing city dock Following deposition of fill and prior days of effort (52 permanent piles/4 along the causeway, which also serves to placement of armor rock, round steel permanent piles per day = 13 days). as the breakwater for the New Harbor. piles would be installed to support the Installation of the eight fender piles is See Figure 1–2 in ADOT&PF’s new city dock foundation and mooring anticipated to occur over 2 days (after Application. dolphins. As noted previously, the installation of all dock support piles), at proposed project will require a production rate of four fender piles Detailed Description of Specified installation of 30-inch and 24-inch, per day (8 fender piles/4 fender piles Activity permanent steel piles. This equates to a per day = 2 days). Each fender pile The proposed action includes pile total of 63 permanent piles as shown in would require 30 minutes of vibratory installation and removal of the new city Table 2 below. It is anticipated that an installation and 3 minutes of impact dock and the deposition of shot rock fill ICE 44B or APE 200–6 model vibratory installation, for a total of 120 minutes of adjacent to the existing causeway (See driver or equivalent and a Delmag D62 vibratory and 12 minutes of impact
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installation each day. No temporary configuration, including the number of day, for a total of up to 180 minutes of piles would be required for fender pile permanent piles that could be installed vibratory installation and removal per installation because they would be at once and the number of temporary day. Installation of temporary piles, installed along the completed dock face. piles required to support the template, including those required to support Installation of three 24-inch would be determined by the contractor. construction of the dolphin, would permanent battered pipe piles for the Four additional temporary piles would require about 15 total days of effort (90 dolphin would also require the support the template for the dolphin. In temporary piles/6 temporary piles per installation and removal of four all, up to 90 temporary piles would be day = 15 days). temporary piles (either <24 inch installed and removed during diameter or H-piles) to support the construction of the dock and dolphin. Total driving time for the proposed template. Installation of the dolphin Temporary piles would be either H-piles project would consist of approximately piles will occur over 2 days, with one or pipe piles with a diameter of less 22 hours of impact driving and 85 hours or two dolphin piles installed per day than 24 inches. of vibratory driving and removal. for a total of 3 dolphin piles. Thirty Temporary piles would be installed Following initial pile installation of minutes of vibratory installation and 10 and removed during construction of the permanent dock support piles, the mud minutes of impact installation are dock by vibratory methods only. accumulation on the inside of each pile anticipated per permanent dolphin pile, Removal and installation of the would be augured out and the piles for a total of no more than 60 minutes temporary piles that support the filled with concrete to provide of vibratory installation and 20 minutes template typically occur within the additional moment capacity and of impact installation per day. same day, with additional time required corrosion resistance. An auger with a Installation and removal of the for installation of the template structure, temporary piles for the dolphin are which would include welding, crane-mounted rotary head would be included in the calculations for surveying the location, and other used for pile clearing. These activities temporary piles above. activities. Each temporary pile would be are not anticipated to result in Two or more temporary piles would installed in approximately 15 minutes underwater sound levels that would be used to support a template to and removed in approximately 15 meet Level A or Level B harassment facilitate installation of two to four minutes. Up to six temporary piles criteria and, therefore, will not be permanent dock support piles. Template would be installed and removed per discussed further.
TABLE 2—PILE DETAILS AND ESTIMATED EFFORT REQUIRED FOR PILE INSTALLATION
Pile type Diameter Number of Maximum piles Hours per day Estimated min- Anticipated piles per day utes per pile days of effort 1
Vibratory Installation or Removal
Permanent support pile ...... 30″ ...... 52 4 3 45 13 Permanent dolphin pile ...... 24″ ...... 3 2 1 30 2 Permanent fender pile ...... 24″ ...... 8 4 2 30 2 Installation, temporary support pile ... <24″ or H-pile ...... 90 6 1.5 15 15 Removal, temporary support pile ...... <24″ or H-pile ...... 90 6 1.5 15 15
Impact Installation
Permanent support pile ...... 30″ ...... 52 4 1.667 25 13 Permanent dolphin pile ...... 24″ ...... 3 2 0.33 10 2 Permanent fender pile ...... 24″ ...... 8 4 0.20 3 2 1 Vibratory and impact driving of each permanent pile will occur on the same day. Installation and removal of each temporary piles will occur on the same day.
Proposed mitigation, monitoring, and Additional general information about considered in concert with known reporting measures are described in these species (e.g., physical and sources of ongoing anthropogenic detail later in the document (Mitigation behavioral descriptions) may be found mortality to assess the population-level section and Monitoring and Reporting on NMFS’s Web site effects of the anticipated mortality from section). (www.nmfs.noaa.gov/pr/species/ a specific project (as described in Description of Marine Mammals in the mammals/). NMFS’s SARs). While no mortality is Area of Specified Activities Table 3 lists all species with expected anticipated or authorized here, PBR and annual serious injury and mortality are We have reviewed the applicants’ potential for occurrence in Sand Point species information—which and summarizes information related to included here as gross indicators of the summarizes available information the population or stock, including status of the species and other threats. regarding status and trends, distribution potential biological removal (PBR), Species that could potentially occur in and habitat preferences, behavior and where known. For taxonomy, we follow the proposed survey areas but are not life history, and auditory capabilities of Committee on Taxonomy (2016). PBR, expected to have reasonable potential to the potentially affected species—for defined by the MMPA as the maximum be harassed by pile driving and removal accuracy and completeness and refer the number of animals, not including activities are described briefly but reader to Sections 3 and 4 of the natural mortalities, that may be removed omitted from further analysis. These application, as well as to NMFS’s Stock from a marine mammal stock while include extralimital species, which are Assessment Reports (SAR; allowing that stock to reach or maintain species that do not normally occur in a www.nmfs.noaa.gov/pr/sars/). its optimum sustainable population, is given area but for which there are one
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or more occurrence records that are part of the western Distinct Population and Pacific white-sided dolphin considered beyond the normal range of Segment (wDPS), which is listed as (Lagenorhynchus obliquidens). the species. For status of species, we endangered under the ESA. Humpback However, occurrences of these species provide information regarding U.S. whales, including the ESA-listed have not been reported locally and take regulatory status under the MMPA and Western North Pacific DPS (endangered) is not anticipated or proposed. The ESA. and Mexico DPS (threatened), as well as ranges of sperm whales (Physeter Marine mammal abundance estimates ESA-listed fin whales (endangered), macrocephalus) and Cuvier’s beaked presented in this document represent may occur in the project area, but far whales (Ziphius cavirostris) include the the total number of individuals that less frequently and in lower abundance Shumagin Islands. However, these make up a given stock or the total than Steller sea lions. Harbor seals and species generally inhabit deep waters number estimated within a particular harbor porpoises may be observed in the and would be unlikely to occur in the study area. NMFS’s stock abundance project area. Gray whales, minke relatively shallow waters of Popof Strait. estimates for most species represent the whales, killer whales, and Dall’s Therefore, take is not proposed for total estimate of individuals within the porpoises also have the potential to either of these species. The species geographic area, if known, that occur in or near the project area, listed in this paragraph will not be comprises that stock. although in limited numbers. discussed further. The marine waters of the Shumagin North Pacific right whales (Eubalaena Islands support many species of marine japonica) are very rare in general and All values presented in Table 3 are mammals, including pinnipeds and extremely unlikely to occur within the the most recent available at the time of cetaceans; however, the number of project area. Other animals whose range publication and are available in the species regularly occurring near the overlaps with the project area include 2015 SARs (Muto et al., 2016) and draft project area is limited (Table 3). Steller the northern fur seal (Callorhinus 2016 SARs (Muto et al., 2016b) available sea lions are the most common marine ursinus), ribbon seal (Histriophoca online at: www.nmfs.noaa.gov/pr/sars/ mammals in the project area, and are fasciata), spotted seal (Phoca largha), draft.htm).
TABLE 3—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA
ESA/MMPA Stock abundance Relative status; Annual occurrence Species Stock (CV, N , most recent PBR 3 strategic min M/SI 4 near Sand abundance survey) 2 (Y/N) 1 Point
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Phocoenidae (porpoises)
Dall’s porpoise ...... Alaska ...... -; N 83,400 (0.097; n/a; 1993) .... Undet ... 38 ...... Rare. Harbor porpoise ...... Gulf of Alaska ...... -; Y 25,987 (0.214; n/a; 1998) .... Undet ... 72 ...... Common.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae (dolphins)
Killer whale ...... Eastern North Pacific Alaska -; N 2,347 (n/a; 2,347; 2012) ...... 24 ...... 1 ...... Uncommon. Resident. Eastern North Pacific Gulf of -; N 587 (n/a; 587; 2012) ...... 5.9 ...... 1 ...... Uncommon. AK, Aleutian Islands, and Bering Sea Transient.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Balaenopteridae
Humpback whale ...... Central North Pacific ...... n/a Y 10,103 (0.300; 7,890; 2006) 83 ...... 24 ...... Uncommon. Western North Pacific ...... n/a5; Y 1,107 (0.300; 865; 2006) ..... 3 ...... 2.6 ...... Uncommon. Fin whale ...... Northeast Pacific ...... E/D; Y 1,368 (n/a, 1,036; 2010) ...... 2.1 ...... 0.6 ...... Rare. Minke whale ...... Alaska ...... -; N ...... 0 ...... Rare.
Order Cetartiodactyla—Cetacea—Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Eschrichtiidae
Gray whale ...... Eastern North Pacific ...... -; N 20,990 (0.05; 20,125; 2011) 624 ...... 132 ...... Rare.
Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals and sea lions)
Steller sea lion ...... wDPS ...... E/D; S 50,983 (n/a; 50,983; 2015) .. 306 ...... 236 ...... Very common.
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TABLE 3—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA—Continued
ESA/MMPA Relative status; Stock abundance Annual occurrence Species Stock (CV, N , most recent PBR 3 strategic min M/SI 4 near Sand abundance survey) 2 (Y/N) 1 Point
Family Phocidae (earless seals)
Harbor seal ...... (Cook Inlet/Shelikof Strait .... -; N 27,386 (n/a; 25,651, 2011) .. 770 ...... 234 ...... Occasional. 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the specie’s (or similar species’) life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts of all animals ashore. 3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re- moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). 4 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 5 The newly defined DPSs do not currently align with the stocks defined under the MMPA.
Cetaceans these movements are generally not of this stock relative to optimum consistent (Jefferson 2009). sustainable population size are Dall’s Porpoise currently unknown. Dall’s porpoises are found throughout Harbor Porpoise The number of harbor porpoises in the North Pacific, from southern Japan In the eastern North Pacific Ocean, the Gulf of Alaska stock was assessed in to southern California north to the the harbor porpoise ranges from Point 1998 at 31,046. The current minimum Bering Sea. All Dall’s porpoises found Barrow, along the Alaska coast, and population estimate for harbor in Alaska are members of the Alaska down the west coast of North America porpoises in the Gulf of Alaska, stock. This species can be found in to Point Conception, California. Harbor calculated using the potential biological offshore, inshore, and nearshore habitat, porpoises frequent primarily coastal removal guidelines, is 25,987 but prefer waters more than 180 meters waters in the Gulf of Alaska and individuals (Muto et al., 2016b). No (600 feet) deep (Jefferson 2009). Southeast Alaska (Dahlheim et al., reliable information is available to Dall’s porpoises, like all marine 2000), and occur most frequently in determine trends in abundance. mammals, are protected under the waters less than 100 meters (328 feet) Survey data for the Shumagin Islands MMPA, but they are not listed under the deep (Hobbs and Waite 2010). The Gulf are not available. Anecdotal ESA. Insufficient data are available to of Alaska stock ranges from Cape observations indicate that harbor estimate current population trends, but Suckling to Unimak Pass (Muto et al., porpoises are uncommon in Humboldt the species is considered reasonably 2016a). Harbor proper but may occur in nearby abundant. The current population In Alaska, harbor porpoises are waters (HDR 2017). estimate for the species is 1.2 million, currently divided into three stocks, Harbor porpoises forage in waters less and the Alaska stock was last estimated based primarily on geography: the than 200 meters (656 feet) to bottom at 83,400 individuals in 1993 (Muto et Bering Sea stock, the Southeast Alaska depth on small pelagic schooling fish al., 2016a). stock, and the Gulf of Alaska stock. In such as herring, cod, pollock, octopus, There currently is no information on areas outside Alaska, studies have smelt, and bottom-dwelling fish, the presence or abundance of Dall’s shown that stock structure is more occasionally feeding on squid and porpoises in the Shumagin Islands. No finely scaled than is reflected in the crustaceans (Bj VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31405 stock; (3) the Southern resident stock; occur in larger pods of whales that are According to Wade et al. (2016), there (4) the Gulf of Alaska, Aleutian Islands, seen in association with one another is a 0.5 percent (CV [coefficient of and Bering Sea transient stock; (5) the more than 50 percent of the time (Muto variation]=0.001) probability that a AT1 transient stock; (6) the West Coast et al., 2016b). humpback whale observed in the Gulf of transient stock, occurring from Alaska is from the Western North Humpback Whale California through southeastern Alaska; Pacific DPS. The probability of a and (7) the Offshore stock (Muto et al., There are five stocks of humpback humpback whale being from the Mexico 2016a). Only the Alaska resident stock whales defined under the MMPA, two DPS is 10.5 percent (CV=0.16). The and the Gulf of Alaska, Aleutian Islands, of which occur in Alaska: The Central remaining 89 percent (CV=0.01) of and Bering Sea transient stock are North Pacific Stock, which consists of individuals in the Gulf of Alaska are considered in this application because winter/spring populations in the likely members of the Hawaii DPS other stocks occur outside the Hawaiian Islands which migrate (Wade et al., 2016). geographic area under consideration. primarily to northern British Columbia/ The current abundance estimate for Neither of these stocks of killer whales Southeast Alaska, the Gulf of Alaska, humpback whales in the Pacific Ocean is designated as depleted or strategic and the Bering Sea/Aleutian Islands; is approximately 16,132 individuals. under the MMPA or listed as threatened and the Western North Pacific stock, The Hawaii DPS is the largest stock, or endangered under the ESA. which consists of winter/spring with approximately 11,398 individuals The Alaska resident stock occurs from populations off Asia which migrate (95 percent confidence interval [CI]: southeastern Alaska to the Aleutian primarily to Russia and the Bering Sea/ 10,503–12,370), followed by the Mexico Islands and Bering Sea. The transient Aleutian Islands (Muto et al., 2016b). DPS (3,264 individuals [95 percent CI: stock occurs primarily from Prince The Western North Pacific stock is 2,912–3,659]) and the Western North William Sound through the Aleutian found in coastal and inland waters Pacific DPS (1,059 individuals [95 around the Pacific Rim from Point Islands and Bering Sea. percent CI: 898–1,249]). Summer Conception, California, north to the Gulf The abundance of the Alaska resident abundance of humpback whales in the of Alaska and the Bering Sea, and west stock of killer whales is currently Gulf of Alaska, from all DPSs, is estimated at 2,347 individuals, and the along the Aleutian Islands to the estimated at 2,089 individuals (95 Gulf of Alaska, Aleutian Islands, and Kamchatka Peninsula and into the Sea percent CI: 1,755–2,487; Wade et al., Bering Sea transient stock is estimated of Okhotsk and north of the Bering 2016). Critical habitat has not been at 587 individuals. The Gulf of Alaska Strait, which are historical feeding designated for any humpback whale component of the transient stock is grounds (Muto et al., 2016b). DPS. estimated to include 136 of the 587 Information from a variety of sources individuals (Muto et al., 2016a). The indicates that humpback whales from Surveys from 2001 to 2004 estimated abundance of the Alaska resident stock the Western and Central North Pacific humpback whale abundance in the is likely underestimated because stocks mix to a limited extent on Shumagin Islands at between 410 and researchers continue to encounter new summer feeding grounds ranging from 593 individuals during the summer whales in the Gulf of Alaska and British Columbia through the central feeding season (July–August; Witteveen western Alaska waters. At present, Gulf of Alaska and up to the Bering Sea et al., 2004; Zerbini et al., 2006). Annual reliable data on trends in population (Muto et al., 2016). vessel-based, photo-identification abundance for both stocks are Humpback whales worldwide were surveys in the Shumagin Islands from unavailable. designated as ‘‘endangered’’ under the 1999 to 2015 identified 654 unique Line transect surveys conducted in Endangered Species Conservation Act in individual humpback whales between the Shumagin Islands between 2001 and 1970, and were listed under the ESA June and September (Witteveen and 2003 did not record any resident killer from its inception in 1973 until 2016. Wynne 2016). Humpback whale whales, but did record a relatively high On September 8, 2016, NMFS published abundance in the Shumagin Islands abundance of transient killer whales a final decision which changed the increased 6 percent per year between (Zerbini et al., 2007). The population status of humpback whales under the 1987 and 2003 (Zerbini et al., 2006). trend of the transient stock of killer ESA (81 FR 62259), effective October 11, Humpback whales are occasionally whales in Alaska has remained stable 2016. The decision recognized the observed in Popof Strait between Popof since the 1980s (Muto et al., 2016b). existence of 14 DPSs based on distinct Island and Unga Island (HDR 2017) and Anecdotal observations indicate that breeding areas in tropical and temperate are known to feed in the waters west of killer whales are not often seen in the waters. Five of the 14 DPSs were the airport (HDR 2017). They are vicinity of Sand Point, including Popof classified under the ESA (4 endangered unlikely to occur in the shallow waters Strait (HDR 2017). and 1 threatened), while the other 9 of Humboldt Harbor proper (HDR 2017) Distinct ecotypes of killer whales DPSs were delisted. Humpback whales but may occur in Popof Strait in waters include transients that hunt and feed found in the Shumagin Islands are ensonified by pile driving and removal primarily on marine mammals and predominantly members of the Hawaii activities. Humpbacks are found in the residents that forage primarily on fish. DPS, which are not listed under the Shumagin Islands from April or May Transient killer whales feed primarily ESA. However, based on a through October or November, and peak on harbor seals, Dall’s porpoises, harbor comprehensive photo-identification feeding activity occurs between June porpoises, and sea lions. Resident killer study, members of both the Western and early September. whale populations in the eastern North North Pacific DPS (ESA-listed as Large aggregations of humpback Pacific feed mainly on salmonids, endangered) and Mexico DPS (ESA- whales spend the summer and fall in showing a strong preference for Chinook listed as threatened) are known to occur the nearshore areas of the Alaska salmon (Muto et al., 2016b). in the Gulf of Alaska and Aleutian Peninsula, Gulf of Alaska, and Aleutian Transient whales are often found in Islands. Members of different DPSs are Islands. The waters of the western Gulf long-term stable social units (pods) of known to intermix on feeding grounds; of Alaska support feeding populations fewer than 10 whales, which are therefore, all waters off the coast of of humpback whales (HDR 2017). The generally smaller than resident social Alaska should be considered to have Shumagin Islands are considered a groups. Resident-type killer whales ESA-listed humpback whales. biologically important area for feeding VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31406 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices humpback whales in July and August Alaska are part of the ENP stock. The January (Jones and Swartz 2009; Muto et (Ferguson et al., 2015). most recent stock assessment in 2014 al., 2016). estimated 20,990 individuals in the ENP Fin Whale Minke Whale stock. The WNP stock population Four stocks of fin whales occur in estimate is 135 individuals (Carretta et Minke whales are protected under the U.S. waters: (1) Alaska (Northeast al., 2016). ENP gray whales spend MMPA, but they are not listed under the Pacific), (2) California/Washington/ summers feeding in the Chukchi and ESA. The population status of minke Oregon, (3) Hawaii, and (4) western Bering seas, and their breeding and whales is considered stable throughout North Atlantic (Aguilar 2009; Muto et calving grounds are located off Baja most of their range. The International al., 2016). Fin whales in the Shumagin California, Mexico (Caretta et al., 2016). Whaling Commission has identified Islands are from the Alaska (Northeast Due to the very large range and small three stocks in the North Pacific: One Pacific) stock (Muto et al., 2016z). population size of the WNP stock, near the Sea of Japan, a second in the Fin whales were designated as occurrences of these animals in the rest of the western Pacific (west of 180° ‘‘endangered’’ under the Endangered project area are highly unlikely. W.), and a third, less concentrated stock Species Conservation Act in 1970, and Therefore, take is not anticipated or found throughout the eastern Pacific. have been listed under the ESA since its proposed and WNP whales will not be NOAA further splits this third stock inception in 1973. There are no reliable discussed further. between Alaskan whales and resident estimates of current or historic Gray whales pass through the whales of California, Oregon, and abundance for the entire North Pacific Shumagin Islands from March through Washington (Muto et al., 2016). There population of fin whales. Surveys in the May on their northward migration to the are no population estimates for minke Bering Sea, Aleutian Islands, and Gulf Bering and Chukchi seas. Most whales in Alaska; however, nearshore of Alaska estimated 5,700 whales. The individuals pass through Unimak Pass, aerial surveys of the western Gulf of population in this region is thought to which is located just west of the Alaska took place between 2001 and be increasing at approximately 3.6 Shumagin Islands. The Shumagin 2003. These surveys estimated the percent per year, but there is a high Islands are considered a biologically minke whale population in that area at degree of variability in this estimate important area for the gray whale due to approximately 1,233 individuals (Zerbini et al., 2006). Critical habitat has this consistent migration route. Gray (Zerbini et al., 2006). not been designated for the fin whale. Minke whales are common in the Vessel-based line-transect surveys of whales pass through again from November through January on their Aleutian Islands and north through the coastal waters between Resurrection Bay Bering Sea and Chukchi Sea, but are and the central Aleutian Islands were southern migration (NOAA 2016; Caretta et al., 2016). relatively uncommon in the Shumagin completed in July and August from 2001 Islands and Gulf of Alaska (Muto et al., to 2003. Large concentrations of fin Gray whales are rarely observed near Sand Point or in Humboldt Harbor. 2016, Zerbini et al., 2006). Sightings did whales were found in the Semidi occur northwest of Unga Island during Islands, located midway between the Approximately 10 years ago, a single juvenile gray whale was observed in surveys in 2001, and northeast of Popof Shumagin Islands and Kodiak Island Island during 2002 and 2003 (Zerbini et just south of the Alaska Peninsula. The Humboldt Harbor, but this individual was thought to be separated from its al., 2006). abundance of fin whales in the In Alaska, the minke whale diet Shumagin Islands ranged from a low family group (HDR 2017). During migration, however, they are known to primarily consists of euphausiids and estimate of 604 in 2003 to a high walleye pollock. Minke whales are estimate of 1,113 in 2002. Fin whales pass through Unga Strait, to the north of the project area, or the Gorman and generally found in shallow, coastal are uncommon in Humboldt Harbor or waters within 200 meters of shore Popof Strait (HDR 2017). West Nagai straits south of the project area (NOAA 2016). (Zerbini et al., 2006) and are almost Fin whales are found in deep offshore always solitary or in small groups of 2 waters as well as in shallow nearshore Gray whales of the eastern North Pacific stock breed and calve in to 3. In Alaska, seasonal movements are areas. Their migratory movements are associated with feeding areas that are complex and their abundance can protected bays and estuaries of Baja California, Mexico. Large congregations generally located at the edge of the pack fluctuate seasonally. Fin whales often ice. congregate in groups of two to seven form there in January and February. whales or in larger groups of other Between February and May gray whales Pinnipeds undertake long migrations to the Bering whale species, including humpback and Steller Sea Lions minke whales (Muto et al., 2016a). Fin and Chukchi seas where they disperse whales feed on a wide variety of across the feeding grounds. Gray whales Steller sea lions are found throughout organisms and their diet may vary with feed on a wide variety of benthic the northern Pacific Ocean, including season and locality. organisms as well as planktonic and coastal and inland waters from Russia nektonic organisms. In recent years, (Kuril Islands and the Sea of Okhotsk), Gray Whale shifts in sub-arctic climatic conditions east to Alaska, and south to central Gray whales were listed under the have reduced the productivity of California (An˜ o Nuevo Island). Steller Endangered Species Conservation Act in benthic communities and have resulted sea lions were listed as threatened 1970 and under the ESA since its in a shift in the food supply. In range-wide under the ESA on November inception in 1973. However, in 1994, response, gray whales have shifted their 26, 1990 (55 FR 49204). Steller sea lions the eastern North Pacific (ENP) stock of feeding strategies and focus almost were subsequently partitioned into the gray whales was delisted from the ESA, exclusively on the Chukchi Sea. western and eastern DPSs in 1997 while the western North Pacific (WNP) Secondary feeding areas include the (Allen and Angliss 2010). The eastern stock remains endangered. A limited Bering Sea, Beaufort Sea, and some DPS remained classified as threatened number of WNP gray whales have individuals have been reported along (62 FR 24345) until it was delisted in recently been observed off the west the west coast of North America as far November 2013. The wDPS (those coast of North America in winter. south as California. The southerly individuals west of 144° W. longitude or However, most gray whales found in migration occurs from October through Cape Suckling, Alaska) was upgraded to VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31407 endangered status following separation haulouts: Sea Lion Rocks (Shumagins) Island, approximately 38.9 kilometers of the DPSs, and it remains endangered and The Whaleback. The ensonified (21 nautical miles) west of Sand Point, today. Only the wDPS is considered in Level B harassment zone related to and had average annual counts of 214 this application because the range of the implementation of the proposed project, sea lion pups from 2009–2014 (Fritz et eastern DPS is not known to include the described later in the ‘‘Estimated Take’’ al., 2016a). Note that these locations are project area. section, overlaps with the designated not considered major haulouts. From 2000–2004, non-pup Steller sea aquatic zone or buffer of a third Sea lions have become accustomed to lion counts at trend sites in the wDPS designated major haulout on Jude depredating fishing gear and raiding increased 11 percent. These counts Island. No terrestrial or in-air critical fishing vessels during fishing and suggested the first region-wide increases habitat of any major haulout overlaps offloading near the project area and they for the wDPS since standardized with the project area. The major haulout follow potential sources of food in and surveys began in the 1970s, and were at Sea Lion Rocks (Shumagins) is around the Humboldt Harbor, waiting attributed to increased survey efforts in located approximately 28 kilometers for opportunities to feed. The number of all regions except the western Aleutian (15.1 nautical miles) south of the project sea lions in the waters near Sand Point Islands. Annual surveys of haulouts and site. The major haulout at The varies depending on the season and rookeries in the western Gulf of Alaska Whaleback is located approximately presence of commercial fishing vessels since 1985 indicate a 16 percent 27.4 kilometers (14.8 nautical miles) unloading their catch at the seafood increase in non-pup counts and 38 east of Sand Point. The major haulout at processing facility. The Sand Point percent reduction in pup counts over Jude Island is located 39.6 kilometers harbormaster and seafood processing the 30-year period. However, since (21.4 nautical miles) west of Sand Point. plant foreman are the best available 2003, these counts have increased by 58 The project area does not overlap with sources for information on sea lion percent for non-pups and 53 percent for the aquatic zone of any major rookery, abundance at Sand Point. Information pups (Fritz et al., 2016a, 2016b). Annual nor does it overlap with the three from these individuals suggests that the increases for the western Gulf of Alaska designated offshore foraging areas. The highest numbers of sea lions are present range between 3.4 and 3.8 percent for closest designated major rookery is on during the pollock fishing seasons. non-pup and pup counts since the early the east side of Atkins Island, which is Average counts at the seafood 2000s (Muto et al., 2016a; Fritz et al., approximately 83.3 kilometers (45 processing facility range from 4 to 12, 2016a, 2016b). nautical miles) southeast of Sand Point. but can occasionally reach as many as The wDPS breeds on rookeries in Another major rookery is located about 20 sea lions. There are no notable Alaska from Prince William Sound west 85.2 kilometers (46 nautical miles) differences in abundance between the through the Aleutian Islands. Steller sea south of Sand Point on the southwest four pollock seasons. Outside of the lions use 38 rookeries and hundreds of point of Chernabura Island (Fritz et al., pollock seasons, sea lions may be haulouts within their range in western 2016c). present, but in small numbers (i.e., 1 or Alaska (Allen and Angliss 2013). Steller Steller sea lions are the most obvious 2 individuals). Sea lions also regularly sea lions are not known to migrate, but and abundant marine mammal in the visit other parts of Humboldt Harbor in individuals may disperse widely project area, and their abundance is search of opportunistic food sources, outside the breeding season (late May to highly correlated with seasonal fishing including the small boat harbor, the early July). At sea, Steller sea lions are activity. Sea lions tend to congregate at New Harbor, and City Dock (HDR 2017). commonly found from nearshore the seafood processing facility (Figure habitats to the continental shelf and 1–3 and Figure 1–4 in the application) Harbor Seals slope. during the walleye pollock (Gadus Harbor seals range from Baja On August 27, 1993, NMFS published chalcogramma) fishing seasons (HDR California north along the west coasts of a final rule designating critical habitat 2017). There are four official pollock Washington, Oregon, California, British for the Steller sea lion. In Alaska, fishing seasons: The ‘‘A’’ season starts Columbia, and Southeast Alaska; west designated critical habitat includes all on January 20, the ‘‘B’’ season starts on through the Gulf of Alaska, Prince major Steller sea lion rookeries and March 10, the ‘‘C’’ season starts on William Sound, and the Aleutian major haulouts identified in the listing August 25, and the ‘‘D’’ season starts on Islands; and north in the Bering Sea to notice (58 FR 45269) and associated October 1 (HDR 2017). The end dates of Cape Newenham and the Pribilof terrestrial, air, and aquatic zones. these seasons are variable. Outside of Islands. In 2010, harbor seals in Alaska Critical habitat includes a terrestrial the pollock seasons, there are few sea were partitioned into 12 separate stocks zone that extends 0.9 kilometer (3,000 lions in the harbor. It is suspected that based largely on genetic structure (Allen feet) landward from each major rookery sea lions are feeding on salmon during and Angliss 2010). Harbor seals in the and major haulout, and an air zone that the summer salmon runs, and are not Shumagin Islands are members of the extends 0.9 kilometer (3,000 feet) above present in high numbers around Sand Cook Inlet/Shelikof Strait stock. the terrestrial zone of each major Point (HDR 2017). Distribution of the Cook Inlet/Shelikof rookery and major haulout. For each The closest Steller sea lion haulout to Strait stock extends from the southwest major rookery and major haulout the project area is located on Egg Island, shore of Unimak Island east along the located west of 144° W. longitude (i.e., which is approximately 6 kilometers southern coast of the Alaska Peninsula the project area), critical habitat (3.7 nautical miles) from the project. to Elizabeth Island off the southwest includes an aquatic zone (or buffer) that Recent counts have not recorded any shore of the Kenai Peninsula, including extends 37 kilometers (20 nautical Steller sea lions at this haulout (Fritz et Cook Inlet, Knik Arm, and Turnagain miles) seaward in all directions. Critical al., 2016a, 2016b; HDR 2017), however, Arm (Muto et al., 2016a). habitat also includes three large offshore local anecdotal reports suggest that the Harbor seals are not designated as foraging areas: The Shelikof Strait area, haulout does experience some use depleted under the MMPA and are not the Bogoslof area, and the Seguam Pass (HDR). Researchers have noted as many listed as threatened or endangered area (58 FR 45269). as 10 sea lions at this haulout in May, under the ESA. The current statewide The project is located within the although these observations are not part abundance estimate for Alaskan harbor aquatic zones (i.e., designated critical of systematic counts (HDR 2017). The seals is 205,090 based on aerial survey habitat) of two designated major closest rookery is located on Jude data collected during 1998–2011. The VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31408 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 2007 through 2011 abundance estimate will consider the content of this section, may be better expressed through for the Cook Inlet/Shelikof stock is the ‘‘Estimated Take by Incidental averaged units than by peak pressures. 27,386 (Muto et al., 2016a). Harassment’’ section, and the ‘‘Proposed When underwater objects vibrate or Survey data by London et al. (2015) Mitigation’’ section, to draw activity occurs, sound-pressure waves for the Shumagin Islands in 2011 conclusions regarding the likely impacts are created. These waves alternately indicate that harbor seals used two of pile driving and removal activities on compress and decompress the water as haulouts in the project area during that the reproductive success or survivorship the sound wave travels. Underwater year. One is located on the south shore of individuals and how those impacts sound waves radiate in all directions of Popof Island south of the airport at a on individuals are likely affect marine away from the source (similar to ripples distance of approximately 10 km (5.5 mammal species or stocks. on the surface of a pond), except in nautical miles) from Humboldt Harbor. cases where the source is directional. The other is on the northeast shore of Description of Sound Sources The compressions and decompressions Unga Island approximately 23 km (12 Sound travels in waves, the basic associated with sound waves are nautical miles) distant from the project components of which are frequency, detected as changes in pressure by site. No known haulouts overlap within wavelength, velocity, and amplitude. aquatic life and man-made sound the Level B underwater harassment Frequency is the number of pressure receptors such as hydrophones. zones estimated for the project. Aerial waves that pass by a reference point per Even in the absence of sound from the haulout surveys conducted by London unit of time and is measured in hertz specified activity, the underwater et al. (2015) indicated that 15 harbor (Hz) or cycles per second. Wavelength is environment is typically loud due to seals occupy the survey unit along the the distance between two peaks of a ambient sound. Ambient sound is south coast of Popof Island, including sound wave; lower frequency sounds defined as environmental background the area around Sand Point. Abundance have longer wavelengths than higher sound levels lacking a single source or estimates at other survey units in the frequency sounds and attenuate point (Richardson et al.,1995), and the area ranged from zero on the north shore (decrease) more rapidly in shallower sound level of a region is defined by the of Popof Island to 100 along the water. Amplitude is the height of the total acoustical energy being generated northeast coast of Unga Island. This sound pressure wave or the ‘loudness’ by known and unknown sources. These sources may include physical (e.g., information comes from a single year of of a sound and is typically measured waves, earthquakes, ice, atmospheric surveys, and standard errors on these using the decibel (dB) scale. A dB is the sound), biological (e.g., sounds estimates are very high; therefore, ratio between a measured pressure (with produced by marine mammals, fish, and confidence in these estimates is low sound) and a reference pressure (sound invertebrates), and anthropogenic sound (London et al., 2015). Anecdotal at a constant pressure, established by (e.g., vessels, dredging, aircraft, observations indicate that harbor seals scientific standards). It is a logarithmic construction). A number of sources are uncommon in Humboldt Harbor unit that accounts for large variations in contribute to ambient sound, including proper, but are occasionally observed amplitude; therefore, relatively small near the airport (HDR 2017). the following (Richardson et al., 1995): changes in dB ratings correspond to Harbor seals are opportunistic feeders • Wind and waves: The complex large changes in sound pressure. When that forage in marine, estuarine, and, interactions between wind and water occasionally, freshwater habitat, referring to sound pressure levels (SPLs; surface, including processes such as adjusting their foraging behavior to take the sound force per unit area), sound is breaking waves and wave-induced advantage of prey that is locally and referenced in the context of underwater bubble oscillations and cavitation, are a seasonally abundant (Payne and Selzer sound pressure to 1 microPascal (mPa). main source of naturally occurring 1989). Depending on prey availability, One pascal is the pressure resulting ambient noise for frequencies between research has demonstrated that harbor from a force of one newton exerted over 200 Hz and 50 kHz (Mitson, 1995). In seals conduct both shallow and deep an area of one square meter. The source general, ambient sound levels tend to dives during hunting (Tollit et al., level (SL) represents the sound level at increase with increasing wind speed 1997). Harbor seals haul out on rocks, a distance of 1 m from the source and wave height. Surf noise becomes reefs, beaches, and drifting glacial ice (referenced to 1 mPa). The received level important near shore, with (Muto et al., 2016a). They are non- is the sound level at the listener’s measurements collected at a distance of migratory; their local movements are position. Note that all underwater sound 8.5 km from shore showing an increase associated with tides, weather, season, levels in this document are referenced of 10 dB in the 100 to 700 Hz band food availability, and reproduction, as to a pressure of 1 mPa and all airborne during heavy surf conditions. well as sex and age class (Muto et al., sound levels in this document are • Precipitation: Sound from rain and 2016a; Allen and Angliss 2014; Boveng referenced to a pressure of 20 mPa. hail impacting the water surface can et al., 2012; Lowry et al., 2001; Swain Root mean square (rms) is the become an important component of total et al., 1996). quadratic mean sound pressure over the noise at frequencies above 500 Hz, and duration of an impulse. Rms is possibly down to 100 Hz during quiet Potential Effects of Specified Activities calculated by squaring all of the sound times. on Marine Mammals and Their Habitat amplitudes, averaging the squares, and • Biological: Marine mammals can This section includes a summary and then taking the square root of the contribute significantly to ambient noise discussion of the ways that components average (Urick, 1983). Rms accounts for levels, as can some fish and shrimp. The of the specified activity (e.g. sound both positive and negative values; frequency band for biological produced by pile driving and removal) squaring the pressures makes all values contributions is from approximately 12 may impact marine mammals and their positive so that they may be accounted Hz to over 100 kHz. habitat. The ‘‘Estimated Take’’ section for in the summation of pressure levels • Anthropogenic: Sources of ambient later in this document will include a (Hastings and Popper, 2005). This noise related to human activity include quantitative analysis of the number of measurement is often used in the transportation (surface vessels and individuals that are expected to be taken context of discussing behavioral effects, aircraft), dredging and construction, oil by this activity. The ‘‘Negligible Impact in part because behavioral effects, and gas drilling and production, seismic Analysis and Determination’’ section which often result from auditory cues, surveys, sonar, explosions, and ocean VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31409 acoustic studies. Shipping noise followed by a rapid decay period that measurements of hearing ability have typically dominates the total ambient may include a period of diminishing, been successfully completed for noise for frequencies between 20 and oscillating maximal and minimal mysticetes (i.e., low-frequency 300 Hz. In general, the frequencies of pressures, and generally have an cetaceans). Subsequently, NMFS (2016) anthropogenic sounds are below 1 kHz increased capacity to induce physical described generalized hearing ranges for and, if higher frequency sound levels injury as compared with sounds that these marine mammal hearing groups. are created, they attenuate rapidly lack these features. Generalized hearing ranges were chosen (Richardson et al., 1995). Sound from Non-pulsed sounds can be tonal, based on the approximately 65 dB identifiable anthropogenic sources other narrowband, or broadband, brief or threshold from the normalized than the activity of interest (e.g., a prolonged, and may be either composite audiograms, with the passing vessel) is sometimes termed continuous or non-continuous (ANSI, exception for lower limits for low- background sound, as opposed to 1995; NIOSH, 1998). Some of these non- frequency cetaceans where the lower ambient sound. pulsed sounds can be transient signals bound was deemed to be biologically The sum of the various natural and of short duration but without the implausible and the lower bound from anthropogenic sound sources at any essential properties of pulses (e.g., rapid Southall et al. (2007) retained. The given location and time—which rise time). Examples of non-pulsed functional groups and the associated comprise ‘‘ambient’’ or ‘‘background’’ sounds include those produced by frequencies are indicated below (note sound—depends not only on the source vessels, aircraft, machinery operations that these frequency ranges correspond levels (as determined by current such as drilling or dredging, vibratory to the range for the composite group, weather conditions and levels of pile driving, and active sonar systems with the entire range not necessarily biological and shipping activity) but (such as those used by the U.S. Navy). reflecting the capabilities of every also on the ability of sound to propagate The duration of such sounds, as species within that group) (NMFS 2016): through the environment. In turn, sound received at a distance, can be greatly • Low-frequency cetaceans propagation is dependent on the extended in a highly reverberant (mysticetes): Generalized hearing is spatially and temporally varying environment. estimated to occur between properties of the water column and sea Impact hammers operate by approximately 7 Hz and 35 kHz, with floor, and is frequency-dependent. As a repeatedly dropping a heavy piston onto best hearing estimated to be from 100 result of the dependence on a large a pile to drive the pile into the substrate. Hz to 8 kHz; number of varying factors, ambient Sound generated by impact hammers is • Mid-frequency cetaceans (larger sound levels can be expected to vary characterized by rapid rise times and toothed whales, beaked whales, and widely over both coarse and fine spatial high peak levels, a potentially injurious most delphinids): Generalized hearing is and temporal scales. Sound levels at a combination (Hastings and Popper, estimated to occur between given frequency and location can vary 2005). Vibratory hammers install piles approximately 150 Hz and 160 kHz, by 10–20 dB from day to day by vibrating them and allowing the with best hearing from 10 to less than (Richardson et al., 1995). The result is weight of the hammer to push them into 100 kHz; that, depending on the source type and the sediment. Vibratory hammers • High-frequency cetaceans its intensity, sound from the specified produce significantly less sound than (porpoises, river dolphins, and members activity may be a negligible addition to impact hammers. Peak SPLs may be 180 of the genera Kogia and the local environment or could form a dB or greater, but are generally 10 to 20 Cephalorhynchus; including two distinctive signal that may affect marine dB lower than SPLs generated during members of the genus Lagenorhynchus, mammals. impact pile driving of the same-sized on the basis of recent echolocation data In-water construction activities pile (Oestman et al., 2009). Rise time is and genetic data): Generalized hearing is associated with the project would slower, reducing the probability and estimated to occur between include impact pile driving, vibratory severity of injury, and sound energy is approximately 275 Hz and 160 kHz. pile driving and vibratory pile distributed over a greater amount of • Pinnipeds in water; Phocidae (true extraction. The sounds produced by time (Nedwell and Edwards, 2002; seals): Generalized hearing is estimated these activities fall into one of two Carlson et al., 2005). to occur between approximately 50 Hz general sound types: Pulsed and non- Marine Mammal Hearing to 86 kHz, with best hearing between 1– pulsed (defined in the following 50 kHz; paragraphs). The distinction between Hearing is the most important sensory • Pinnipeds in water; Otariidae (eared these two sound types is important modality for marine mammals, and seals): Generalized hearing is estimated because they have differing potential to exposure to sound can have deleterious to occur between 60 Hz and 39 kHz, cause physical effects, particularly with effects. To appropriately assess these with best hearing between 2–48 kHz. regard to hearing (e.g., Ward, 1997 in potential effects, it is necessary to The pinniped functional hearing Southall et al., 2007). Please see understand the frequency ranges marine group was modified from Southall et al. Southall et al., (2007) for an in-depth mammals are able to hear. Current data (2007) on the basis of data indicating discussion of these concepts. indicate that not all marine mammal that phocid species have consistently Pulsed sound sources (e.g., species have equal hearing capabilities demonstrated an extended frequency explosions, gunshots, sonic booms, (e.g., Richardson et al., 1995; Wartzok range of hearing compared to otariids, impact pile driving) produce signals and Ketten, 1999; Au and Hastings, especially in the higher frequency range that are brief (typically considered to be 2008). To reflect this, Southall et al. (Kastelein et al., 2009; Reichmuth et al., less than one second), broadband, atonal (2007) recommended that marine 2013). transients (ANSI, 1986; Harris, 1998; mammals be divided into functional As mentioned previously in this NIOSH, 1998; ISO, 2003; ANSI, 2005) hearing groups based on measured or document, nine marine mammal species and occur either as isolated events or estimated hearing ranges on the basis of (seven cetaceans and two pinnipeds) repeated in some succession. Pulsed available behavioral data, audiograms may occur in the project area. Of the sounds are all characterized by a derived using auditory evoked potential cetaceans, four are classified as a low- relatively rapid rise from ambient techniques, anatomical modeling, and frequency cetacean (i.e., humpback pressure to a maximal pressure value other data. Note that no direct whale, gray whale, fin whale, minke VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31410 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices whale), one is classified as a mid- temporary (TTS), in which case the mammals ranging from discountable to frequency cetacean (i.e., killer whale), animal’s hearing threshold would serious. For example, a marine mammal and two are classified as high-frequency recover over time (Southall et al., 2007). may be able to readily compensate for cetaceans (i.e., harbor porpoise and Repeated sound exposure that leads to a brief, relatively small amount of TTS Dall’s porpoise) (Southall et al., 2007). TTS could cause PTS. In severe cases of in a non-critical frequency range that Additionally, harbor seals are classified PTS, there can be total or partial occurs during a time where ambient as members of the phocid pinnipeds in deafness, while in most cases the animal noise is lower and there are not as many water functional hearing group while has an impaired ability to hear sounds competing sounds present. Steller sea lions are grouped under the in specific frequency ranges (Kryter, Alternatively, a larger amount and Otariid pinnipeds in water functional 1985). longer duration of TTS sustained during hearing group. A species’ functional When PTS occurs, there is physical time when communication is critical for hearing group is a consideration when damage to the sound receptors in the ear successful mother/calf interactions we analyze the effects of exposure to (i.e., tissue damage), whereas TTS could have more serious impacts. sound on marine mammals. Marine represents primarily tissue fatigue and Currently, TTS data only exist for four mammal hearing groups were also used is reversible (Southall et al., 2007). In species of cetaceans (bottlenose dolphin in the establishment of marine mammal addition, other investigators have [Tursiops trancatus], beluga whale auditory weighting functions in the new suggested that TTS is within the normal [Delphinapterus leucas], harbor acoustic guidance. bounds of physiological variability and porpoise, and Yangtze finless porpoise tolerance and does not represent [Neophocoena asiaeorientalis]) and Acoustic Impacts physical injury (e.g., Ward, 1997). three species of pinnipeds (northern Please refer to the information given Therefore, NMFS does not consider TTS elephant seal [Mirounga angustirostris], previously (Description of Sound to constitute auditory injury. harbor seal, and California sea lion Sources) regarding sound, Relationships between TTS and PTS [Zalophus californianus]) exposed to a characteristics of sound types, and thresholds have not been studied in limited number of sound sources (i.e., metrics used in this document. marine mammals—PTS data exists only mostly tones and octave-band noise) in Anthropogenic sounds cover a broad for a single harbor seal (Kastak et al., laboratory settings (e.g., Finneran et al., range of frequencies and sound levels 2008)—but are assumed to be similar to 2002; Nachtigall et al., 2004; Kastak et and can have a range of highly variable those in humans and other terrestrial al., 2005; Lucke et al., 2009; Popov et impacts on marine life, from none or mammals. PTS typically occurs at al., 2011). In general, harbor seals minor to potentially severe responses, exposure levels at least several decibels (Kastak et al., 2005; Kastelein et al., depending on received levels, duration above (a 40-dB threshold shift 2012a) and harbor porpoises (Lucke et of exposure, behavioral context, and approximates PTS onset; e.g., Kryter et al., 2009; Kastelein et al., 2012b) have various other factors. The potential al., 1966; Miller, 1974) that inducing a lower TTS onset than other measured effects of underwater sound from active mild TTS (a 6-dB threshold shift pinniped or cetacean species. acoustic sources can potentially result approximates TTS onset; e.g., Southall Additionally, the existing marine in one or more of the following: et al., 2007). Based on data from mammal TTS data come from a limited Temporary or permanent hearing terrestrial mammals, a precautionary number of individuals within these impairment, non-auditory physical or assumption is that the PTS thresholds species. There are no data available on physiological effects, behavioral for impulse sounds (such as impact pile noise-induced hearing loss for disturbance, stress, and masking driving pulses as received close to the mysticetes. For summaries of data on (Richardson et al., 1995; Gordon et al., source) are at least six dB higher than TTS in marine mammals or for further 2004; Nowacek et al., 2007; Southall et the TTS threshold on a peak-pressure discussion of TTS onset thresholds, al., 2007). The degree of effect is basis and PTS cumulative sound please see Southall et al. (2007), intrinsically related to the signal exposure level thresholds are 15 to 20 Finneran and Jenkins (2012), and characteristics, received level, distance dB higher than TTS cumulative sound Finneran (2015). from the source, and duration of the exposure level thresholds (Southall et Behavioral effects—Behavioral sound exposure. In general, sudden, al., 2007). disturbance may include a variety of high level sounds can cause hearing Temporary threshold shift—TTS is effects, including subtle changes in loss, as can longer exposures to lower the mildest form of hearing impairment behavior (e.g., minor or brief avoidance level sounds. Temporary or permanent that can occur during exposure to sound of an area or changes in vocalizations), loss of hearing will occur almost (Kryter, 1985). While experiencing TTS, more conspicuous changes in similar exclusively for noise within an animal’s the hearing threshold rises, and a sound behavioral activities, and more hearing range. In this section, we first must be at a higher level in order to be sustained and/or potentially severe describe specific manifestations of heard. In terrestrial and marine reactions, such as displacement from or acoustic effects before providing mammals, TTS can last from minutes or abandonment of high-quality habitat. discussion specific to the proposed hours to days (in cases of strong TTS). Behavioral responses to sound are construction activities in the next In many cases, hearing sensitivity highly variable and context-specific and section. recovers rapidly after exposure to the any reactions depend on numerous Permanent Threshold Shift—Marine sound ends. intrinsic and extrinsic factors (e.g., mammals exposed to high-intensity Marine mammal hearing plays a species, state of maturity, experience, sound, or to lower-intensity sound for critical role in communication with current activity, reproductive state, prolonged periods, can experience conspecifics, and interpretation of auditory sensitivity, time of day), as hearing threshold shift (TS), which is environmental cues for purposes such well as the interplay between factors the loss of hearing sensitivity at certain as predator avoidance and prey capture. (e.g., Richardson et al., 1995; Wartzok et frequency ranges (Kastak et al., 1999; Depending on the degree (elevation of al., 2003; Southall et al., 2007; Weilgart, Schlundt et al., 2000; Finneran et al., threshold in dB), duration (i.e., recovery 2007; Archer et al., 2010). Behavioral 2002, 2005). TS can be permanent time), and frequency range of TTS, and reactions can vary not only among (PTS), in which case the loss of hearing the context in which it is experienced, individuals but also within an sensitivity is not fully recoverable, or TTS can have effects on marine individual, depending on previous VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31411 experience with a sound source, Bejder, 2007; Weilgart, 2007; NRC, exposure (e.g., Kastelein et al., 2001, context, and numerous other factors 2003). However, there are broad 2005b, 2006; Gailey et al., 2007). (Ellison et al., 2012), and can vary categories of potential response, which Marine mammals vocalize for depending on characteristics associated we describe in greater detail here, that different purposes and across multiple with the sound source (e.g., whether it include alteration of dive behavior, modes, such as whistling, echolocation is moving or stationary, number of alteration of foraging behavior, effects to click production, calling, and singing. sources, distance from the source). breathing, interference with or alteration Changes in vocalization behavior in Please see Appendices B–C of Southall of vocalization, avoidance, and flight. response to anthropogenic noise can et al. (2007) for a review of studies Changes in dive behavior can vary occur for any of these modes and may involving marine mammal behavioral widely, and may consist of increased or result from a need to compete with an responses to sound. decreased dive times and surface increase in background noise or may Habituation can occur when an intervals as well as changes in the rates reflect increased vigilance or a startle animal’s response to a stimulus wanes of ascent and descent during a dive (e.g., response. For example, in the presence with repeated exposure, usually in the Frankel and Clark, 2000; Costa et al., of potentially masking signals, absence of unpleasant associated events 2003; Ng and Leung, 2003; Nowacek et humpback whales and killer whales (Wartzok et al., 2003). Animals are most al.; 2004; Goldbogen et al., 2013a,b). have been observed to increase the likely to habituate to sounds that are Variations in dive behavior may reflect length of their songs (Miller et al., 2000; predictable and unvarying. It is interruptions in biologically significant Fristrup et al., 2003; Foote et al., 2004), important to note that habituation is activities (e.g., foraging) or they may be while right whales have been observed appropriately considered as a of little biological significance. The to shift the frequency content of their ‘‘progressive reduction in response to impact of an alteration to dive behavior calls upward while reducing the rate of stimuli that are perceived as neither resulting from an acoustic exposure calling in areas of increased aversive nor beneficial,’’ rather than as, depends on what the animal is doing at anthropogenic noise (Parks et al., more generally, moderation in response the time of the exposure and the type 2007b). In some cases, animals may to human disturbance (Bejder et al., and magnitude of the response. cease sound production during 2009). The opposite process is Disruption of feeding behavior can be production of aversive signals (Bowles sensitization, when an unpleasant difficult to correlate with anthropogenic et al., 1994). experience leads to subsequent sound exposure, so it is usually inferred Avoidance is the displacement of an responses, often in the form of by observed displacement from known individual from an area or migration avoidance, at a lower level of exposure. foraging areas, the appearance of path as a result of the presence of a As noted, behavioral state may affect the secondary indicators (e.g., bubble nets sound or other stressors, and is one of type of response. For example, animals or sediment plumes), or changes in dive the most obvious manifestations of that are resting may show greater behavior. As for other types of disturbance in marine mammals behavioral change in response to behavioral response, the frequency, (Richardson et al., 1995). For example, disturbing sound levels than animals duration, and temporal pattern of signal gray whales are known to change that are highly motivated to remain in presentation, as well as differences in direction—deflecting from customary an area for feeding (Richardson et al., species sensitivity, are likely migratory paths—in order to avoid noise 1995; NRC, 2003; Wartzok et al., 2003). contributing factors to differences in from seismic surveys (Malme et al., Controlled experiments with captive response in any given circumstance 1984). Avoidance may be short-term, marine mammals have showed (e.g., Croll et al., 2001; Nowacek et al.; with animals returning to the area once pronounced behavioral reactions, 2004; Madsen et al., 2006; Yazvenko et the noise has ceased (e.g., Bowles et al., including avoidance of loud sound al., 2007). A determination of whether 1994; Goold, 1996; Stone et al., 2000; sources (Ridgway et al., 1997; Finneran foraging disruptions incur fitness Morton and Symonds, 2002; Gailey et et al., 2003). Observed responses of wild consequences would require al., 2007). Longer-term displacement is marine mammals to loud pulsed sound information on or estimates of the possible, however, which may lead to sources (typically seismic airguns or energetic requirements of the affected changes in abundance or distribution acoustic harassment devices) have been individuals and the relationship patterns of the affected species in the varied but often consist of avoidance between prey availability, foraging effort affected region if habituation to the behavior or other behavioral changes and success, and the life history stage of presence of the sound does not occur suggesting discomfort (Morton and the animal. (e.g., Blackwell et al., 2004; Bejder et al., Symonds, 2002; see also Richardson et Variations in respiration naturally 2006; Teilmann et al., 2006). al., 1995; Nowacek et al., 2007). vary with different behaviors and A flight response is a dramatic change Available studies show wide variation alterations to breathing rate as a in normal movement to a directed and in response to underwater sound; function of acoustic exposure can be rapid movement away from the therefore, it is difficult to predict expected to co-occur with other perceived location of a sound source. specifically how any given sound in a behavioral reactions, such as a flight The flight response differs from other particular instance might affect marine response or an alteration in diving. avoidance responses in the intensity of mammals perceiving the signal. If a However, respiration rates in and of the response (e.g., directed movement, marine mammal does react briefly to an themselves may be representative of rate of travel). Relatively little underwater sound by changing its annoyance or an acute stress response. information on flight responses of behavior or moving a small distance, the Various studies have shown that marine mammals to anthropogenic impacts of the change are unlikely to be respiration rates may either be signals exist, although observations of significant to the individual, let alone unaffected or could increase, depending flight responses to the presence of the stock or population. However, if a on the species and signal characteristics, predators have occurred (Connor and sound source displaces marine again highlighting the importance in Heithaus, 1996). The result of a flight mammals from an important feeding or understanding species differences in the response could range from brief, breeding area for a prolonged period, tolerance of underwater noise when temporary exertion and displacement impacts on individuals and populations determining the potential for impacts from the area where the signal provokes could be significant (e.g., Lusseau and resulting from anthropogenic sound flight to, in extreme cases, marine VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31412 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices mammal strandings (Evans and economical (in terms of energetic costs) stressors and that it is possible that England, 2001). However, it should be response is behavioral avoidance of the some of these would be classified as noted that response to a perceived potential stressor. Autonomic nervous ‘‘distress.’’ In addition, any animal predator does not necessarily invoke system responses to stress typically experiencing TTS would likely also flight (Ford and Reeves, 2008), and involve changes in heart rate, blood experience stress responses (NRC, whether individuals are solitary or in pressure, and gastrointestinal activity. 2003). groups may influence the response. These responses have a relatively short Auditory masking—Sound can Behavioral disturbance can also duration and may or may not have a disrupt behavior through masking, or impact marine mammals in more subtle significant long-term effect on an interfering with, an animal’s ability to ways. Increased vigilance may result in animal’s fitness. detect, recognize, or discriminate costs related to diversion of focus and Neuroendocrine stress responses often between acoustic signals of interest (e.g., attention (i.e., when a response consists involve the hypothalamus-pituitary- those used for intraspecific of increased vigilance, it may come at adrenal system. Virtually all communication and social interactions, the cost of decreased attention to other neuroendocrine functions that are prey detection, predator avoidance, critical behaviors such as foraging or affected by stress—including immune navigation) (Richardson et al., 1995). resting). These effects have generally not competence, reproduction, metabolism, Masking occurs when the receipt of a been demonstrated for marine and behavior—are regulated by pituitary sound is interfered with by another mammals, but studies involving fish hormones. Stress-induced changes in coincident sound at similar frequencies and terrestrial animals have shown that the secretion of pituitary hormones have and at similar or higher intensity, and increased vigilance may substantially been implicated in failed reproduction, may occur whether the sound is natural reduce feeding rates (e.g., Beauchamp altered metabolism, reduced immune (e.g., snapping shrimp, wind, waves, and Livoreil, 1997; Fritz et al., 2002; competence, and behavioral disturbance precipitation) or anthropogenic (e.g., Purser and Radford, 2011). In addition, (e.g., Moberg, 1987; Blecha, 2000). shipping, sonar, seismic exploration) in chronic disturbance can cause Increases in the circulation of origin. The ability of a noise source to population declines through reduction glucocorticoids are also equated with mask biologically important sounds of fitness (e.g., decline in body stress (Romano et al., 2004). depends on the characteristics of both condition) and subsequent reduction in The primary distinction between the noise source and the signal of reproductive success, survival, or both stress (which is adaptive and does not interest (e.g., signal-to-noise ratio, (e.g., Harrington and Veitch, 1992; Daan normally place an animal at risk) and temporal variability, direction), in et al., 1996; Bradshaw et al., 1998). ‘‘distress’’ is the cost of the response. relation to each other and to an animal’s However, Ridgway et al. (2006) reported During a stress response, an animal uses hearing abilities (e.g., sensitivity, that increased vigilance in bottlenose glycogen stores that can be quickly frequency range, critical ratios, dolphins exposed to sound over a five- replenished once the stress is alleviated. frequency discrimination, directional day period did not cause any sleep In such circumstances, the cost of the discrimination, age or TTS hearing loss), deprivation or stress effects. stress response would not pose serious and existing ambient noise and Many animals perform vital functions, fitness consequences. However, when propagation conditions. such as feeding, resting, traveling, and an animal does not have sufficient Under certain circumstances, marine socializing, on a diel cycle (24-hour energy reserves to satisfy the energetic mammals experiencing significant cycle). Disruption of such functions costs of a stress response, energy masking could also be impaired from resulting from reactions to stressors resources must be diverted from other maximizing their performance fitness in such as sound exposure are more likely functions. This state of distress will last survival and reproduction. Therefore, to be significant if they last more than until the animal replenishes its when the coincident (masking) sound is one diel cycle or recur on subsequent energetic reserves sufficient to restore man-made, it may be considered days (Southall et al., 2007). normal function. harassment when disrupting or altering Consequently, a behavioral response Relationships between these critical behaviors. It is important to lasting less than one day and not physiological mechanisms, animal distinguish TTS and PTS, which persist recurring on subsequent days is not behavior, and the costs of stress after the sound exposure, from masking, considered particularly severe unless it responses are well-studied through which occurs during the sound could directly affect reproduction or controlled experiments and for both exposure. Because masking (without survival (Southall et al., 2007). Note that laboratory and free-ranging animals resulting in TS) is not associated with there is a difference between multi-day (e.g., Holberton et al., 1996; Hood et al., abnormal physiological function, it is substantive behavioral reactions and 1998; Jessop et al., 2003; Krausman et not considered a physiological effect, multi-day anthropogenic activities. For al., 2004; Lankford et al., 2005). Stress but rather a potential behavioral effect. example, just because an activity lasts responses due to exposure to The frequency range of the potentially for multiple days does not necessarily anthropogenic sounds or other stressors masking sound is important in mean that individual animals are either and their effects on marine mammals determining any potential behavioral exposed to activity-related stressors for have also been reviewed (Fair and impacts. For example, low-frequency multiple days or, further, exposed in a Becker, 2000; Romano et al., 2002b) signals may have less effect on high- manner resulting in sustained multi-day and, more rarely, studied in wild frequency echolocation sounds substantive behavioral responses. populations (e.g., Romano et al., 2002a). produced by odontocetes but are more Stress responses—An animal’s For example, Rolland et al. (2012) found likely to affect detection of mysticete perception of a threat may be sufficient that noise reduction from reduced ship communication calls and other to trigger stress responses consisting of traffic in the Bay of Fundy was potentially important natural sounds some combination of behavioral associated with decreased stress in such as those produced by surf and responses, autonomic nervous system North Atlantic right whales. These and some prey species. The masking of responses, neuroendocrine responses, or other studies lead to a reasonable communication signals by immune responses (e.g., Seyle, 1950; expectation that some marine mammals anthropogenic noise may be considered Moberg, 2000). In many cases, an will experience physiological stress as a reduction in the communication animal’s first and sometimes most responses upon exposure to acoustic space of animals (e.g., Clark et al., 2009) VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31413 and may result in energetic or other driving to cause auditory impairment or experience hearing threshold shifts. PTS costs as animals change their other physical effects in marine constitutes injury, but TTS does not vocalization behavior (e.g., Miller et al., mammals. Available data suggest that (Southall et al., 2007). Based on the best 2000; Foote et al., 2004; Parks et al., such effects, if they occur at all, would scientific information available, the 2007b; Di Iorio and Clark, 2009; Holt et presumably be limited to short distances SPLs for the proposed construction al., 2009). Masking can be reduced in from the sound source, where SLs are activities may exceed the thresholds situations where the signal and noise much higher, and to activities that that could cause TTS or the onset of come from different directions extend over a prolonged period. The PTS based on NMFS’ new acoustic (Richardson et al., 1995), through available data do not allow guidance (81 FR 51694; August 4, 2016). amplitude modulation of the signal, or identification of a specific exposure Non-auditory Physiological Effects— through other compensatory behaviors level above which non-auditory effects Non-auditory physiological effects or (Houser and Moore, 2014). Masking can can be expected (Southall et al., 2007) injuries that theoretically might occur in be tested directly in captive species or any meaningful quantitative marine mammals exposed to high level (e.g., Erbe, 2008), but in wild predictions of the numbers (if any) of underwater sound or as a secondary populations it must be either modeled marine mammals that might be affected effect of extreme behavioral reactions or inferred from evidence of masking in those ways. Marine mammals that (e.g., change in dive profile as a result compensation. There are few studies show behavioral avoidance of pile of an avoidance reaction) caused by addressing real-world masking sounds driving, including some odontocetes exposure to sound include neurological likely to be experienced by marine and some pinnipeds, are especially effects, bubble formation, resonance mammals in the wild (e.g., Branstetter et unlikely to incur auditory impairment effects, and other types of organ or al., 2013). or non-auditory physical effects. tissue damage (Cox et al., 2006; Southall Masking affects both senders and et al., 2007; Zimmer and Tyack, 2007). receivers of acoustic signals and can Underwater Acoustic Effects From the The proposed activities do not involve potentially have long-term chronic Proposed Activities the use of devices such as explosives or effects on marine mammals at the Potential Effects of Pile Driving mid-frequency active sonar that are population level as well as at the Sound—The effects of sounds from pile associated with these types of effects, individual level. Low-frequency driving might include one or more of nor do they have SLs that may cause ambient sound levels have increased by the following: Temporary or permanent these extreme behavioral reactions, and as much as 20 dB (more than three times hearing impairment, non-auditory are therefore, considered unlikely. in terms of SPL) in the world’s ocean physical or physiological effects, and Disturbance Reactions—Responses to from pre-industrial periods, with most behavioral disturbance (Richardson et continuous sound, such as vibratory of the increase from distant commercial al., 1995; Gordon et al., 2003; Nowacek pile installation, have not been shipping (Hildebrand, 2009). All et al., 2007; Southall et al., 2007). The documented as well as responses to anthropogenic sound sources, but effects of pile driving on marine pulsed sounds. With both types of pile especially chronic and lower-frequency mammals are dependent on several driving, it is likely that the onset of pile signals (e.g., from vessel traffic), factors, including the type and depth of driving could result in temporary, short contribute to elevated ambient sound the animal; the pile size and type, and term changes in an animal’s typical levels, thus intensifying masking. the intensity and duration of the pile behavior and/or avoidance of the At the seafood processing plant north driving sound; the substrate; the affected area. Specific behavioral of the project site, fish are offloaded into standoff distance between the pile and changes that may result from this the processing plant from the vessels’ the animal; and the sound propagation proposed project include changing holds, and several vessels may raft up properties of the environment. Impacts durations of surfacing and dives, simultaneously during peak fishing to marine mammals from pile driving moving direction and/or speed; seasons. A small boat harbor is located activities are expected to result changing/cessation of certain behavioral northeast of the project site and services primarily from acoustic pathways. As activities (such as socializing or a number of small vessels. High levels such, the degree of effect is intrinsically feeding); visible startle response or of vessel traffic are known to elevate related to the frequency, received level, aggressive behavior (such as tail/fluke background levels of noise in the marine and duration of the sound exposure, slapping or jaw clapping); and environment. For example, continuous which are in turn influenced by the avoidance of areas where sound sources sounds for tugs pulling barges have been distance between the animal and the are located. If a marine mammal reported to range from 145 to 166 dB re source. The further away from the responds to a stimulus by changing its 1 mPa rms at 1 meter from the source source, the less intense the exposure behavior (e.g., through relatively minor (Miles et al., 1987; Richardson et al., should be. The substrate and depth of changes in locomotion direction/speed 1995; Simmonds et al., 2004). Ambient the habitat affect the sound propagation or vocalization behavior), the response underwater noise levels in the vicinity properties of the environment. In may or may not constitute taking at the of the project site are unknown but addition, substrates that are soft (e.g., individual level, and is unlikely to could potentially mask some sounds of sand) would absorb or attenuate the affect the stock or the species as a pile installation and pile extraction. sound more readily than hard substrates whole. However, if a sound source Non-auditory physiological effects— (e.g., rock) which may reflect the displaces marine mammals from an Non-auditory physiological effects or acoustic wave. Soft porous substrates important feeding or breeding area for a injuries that theoretically might occur in would also likely require less time to prolonged period, potential impacts on marine mammals exposed to strong drive the pile, and possibly less forceful the stock or species could potentially be underwater sound include stress, equipment, which would ultimately significant if growth, survival and neurological effects, bubble formation, decrease the intensity of the acoustic reproduction are affected (e.g., Lusseau resonance effects, and other types of source. and Bejder, 2007; Weilgart, 2007). Note organ or tissue damage (Cox et al., 2006; Hearing Impairment and Other that the significance of many of these Southall et al., 2007). Studies examining Physical Effects—Marine mammals behavioral disturbances is difficult to such effects are limited. In general, little exposed to high intensity sound predict, especially if the detected is known about the potential for pile repeatedly or for prolonged periods can disturbances appear minor. VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31414 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices Auditory Masking—Natural and behavioral disturbance, in either nature would be temporary, localized, and artificial sounds can disrupt behavior by or intensity of disturbance reaction. minimal. ADOT&PF must comply with masking. Given that the energy Therefore, we do not believe that state water quality standards during distribution of pile driving covers a authorization of incidental take these operations by limiting the extent broad frequency spectrum, sound from resulting from airborne sound for of turbidity to the immediate project these sources would likely be within the pinnipeds is warranted, and airborne area. In general, turbidity associated audible range of marine mammals sound is not discussed further here. with pile installation is localized to present in the project area. Impact pile Potential Pile Driving Effects on about a 25-foot radius around the pile driving activity is relatively short-term, Prey—Construction activities would (Everitt et al. 1980). Cetaceans are not and only used for proofing, with rapid produce continuous (i.e., vibratory pile expected to be close enough to the pulses occurring for only a few minutes driving) sounds and pulsed (i.e., impact project pile driving areas to experience per pile. The probability for impact pile driving) sounds. Fish react to sounds effects of turbidity, and any pinnipeds driving resulting from this proposed that are especially strong and/or will be transiting the area and could action masking acoustic signals intermittent low-frequency sounds. avoid localized areas of turbidity. important to the behavior and survival Short duration, sharp sounds can cause Therefore, the impact from increased of marine mammal species is low. overt or subtle changes in fish behavior turbidity levels is expected to be Vibratory pile driving is also relatively and local distribution. Hastings and discountable to marine mammals. short-term. It is possible that vibratory Popper (2005) identified several studies Furthermore, pile driving and removal pile driving resulting from this that suggest fish may relocate to avoid at the project site will not obstruct proposed action may mask acoustic certain areas of sound energy. movements or migration of marine signals important to the behavior and Additional studies have documented mammals. survival of marine mammal species, but effects of pile driving on fish, although In summary, given the short duration the short-term duration and limited several are based on studies in support of sound associated with individual pile affected area would result in of large, multiyear bridge construction driving events and the relatively small insignificant impacts from masking. projects (e.g., Scholik and Yan, 2001, area that would be affected, pile driving Any masking event that could possibly 2002; Popper and Hastings, 2009). activities associated with the proposed rise to Level B harassment under the Sound pulses at received levels of 160 action are not likely to have a MMPA would occur concurrently dB may cause subtle changes in fish permanent, adverse effect on any fish within the zones of behavioral behavior. SPLs of 180 dB may cause habitat, or populations of fish species. harassment already estimated for noticeable changes in behavior (Pearson Thus, any impacts to marine mammal vibratory and impact pile driving, and et al., 1992; Skalski et al., 1992). SPLs habitat are not expected to cause which have already been taken into of sufficient strength have been known significant or long-term consequences account in the exposure analysis. to cause injury to fish and fish for individual marine mammals or their Airborne Acoustic Effects from the mortality. populations. Proposed Activities—Pinnipeds that The most likely impact to fish from Estimated Take occur near the project site could be pile driving activities at the project area exposed to airborne sounds associated would be temporary behavioral This section includes an estimate of with pile driving that have the potential avoidance. The duration of fish the number of incidental ‘‘takes’’ to cause behavioral harassment, avoidance of this area after pile driving proposed for authorization pursuant to depending on their distance from pile stops is unknown, but a rapid return to this IHA, which will inform both NMFS’ driving activities. Cetaceans are not normal recruitment, distribution and consideration of whether the number of expected to be exposed to airborne behavior is anticipated. In general, takes is ‘‘small’’ and the negligible sounds that would result in harassment impacts to marine mammal prey species impact determination. as defined under the MMPA. from the proposed project are expected Harassment is the only means of take Airborne noise will primarily be an to be minor and temporary due to the expected to result from these activities. issue for pinnipeds that are swimming relatively short timeframe of no more Except with respect to certain activities or hauled out near the project site than 40 days of pile driving and not pertinent here, the MMPA defines within the range of noise levels elevated extraction with approximately 22 hours ‘‘harassment’’ as: Any act of pursuit, above the acoustic criteria. We of impact driving and 85 hours of torment, or annoyance which (i) has the recognize that pinnipeds in the water vibratory driving and extraction. potential to injure a marine mammal or could be exposed to airborne sound that Effects to Foraging Habitat—Essential marine mammal stock in the wild [Level may result in behavioral harassment Fish Habitat (EFH) has been designated A harassment]; or (ii) has the potential when looking with heads above water. within the project area for all five to disturb a marine mammal or marine Most likely, airborne sound would species of salmon (i.e., chum, pink, mammal stock in the wild by causing cause behavioral responses similar to Coho, sockeye, and Chinook salmon), disruption of behavioral patterns, those discussed above in relation to walleye pollock, Pacific cod, yellowfin including, but not limited to, migration, underwater sound. However, these sole (Limanda aspera), arrowtooth breathing, nursing, breeding, feeding, or animals would previously have been flounder (Atheresthes stomias), rock sheltering [Level B harassment]. As ‘‘taken’’ as a result of exposure to sole (Lepidopsetta spp.), flathead sole described previously Level A and Level underwater sound above the behavioral (Hippoglossoides elassodon), and B harassment is expected to occur and harassment thresholds, which are in all sculpin (Cottidae). The EFH provisions is proposed to be authorized in the cases larger than those associated with of the Magnuson-Stevens Fishery numbers identified below. airborne sound. Thus, the behavioral Conservation and Management Act are ADOT&PF has requested harassment of these animals is already designed to protect fisheries habitat authorization for the incidental taking of accounted for in these estimates of from being lost due to disturbance and limited numbers, by Level B harassment potential take. Multiple instances of degradation. in the form of behavioral disturbance, of exposure to sound above NMFS’ Pile installation may temporarily harbor porpoise, Dall’s porpoise, killer thresholds for behavioral harassment are increase turbidity resulting from whale, humpback whale, fin whale, gray not believed to result in increased suspended sediments. Any increases whale, minke whale, Steller sea lion, VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31415 and harbor seal near the project area days such activities would occur. If the information used in estimating the that may result from impact and density information is not available, sound fields, the available marine vibratory pile driving activities. Level A local observational data may be used mammal density or abundance harassment in the form of PTS resulting instead. information, and the method of from impact driving has also been In order to estimate the potential estimating potential incidents of take. requested for small numbers of harbor incidents of take that may occur porpoise, humpback whale, and harbor incidental to the specified activity, we Sound Thresholds seal. must first estimate the extent of the Take estimates are generally based on sound field that may be produced by the We use the following generic sound average marine mammal density in the activity and then consider the sound exposure thresholds (Table 4) to project area multiplied by the area size field in combination with information determine when an activity that of ensonified zones within which about marine mammal density or produces sound might result in impacts received noise levels exceed certain abundance in the project area. We first to a marine mammal such that a take by thresholds (i.e., Level A and/or Level B provide information on applicable behavioral harassment (Level B) might harassment) from specific activities, sound thresholds for determining effects occur. then multiplied by the total number of to marine mammals before describing TABLE 4—UNDERWATER LEVEL B THRESHOLD DECIBEL LEVELS FOR MARINE MAMMALS Criterion Criterion definition Threshold 1 Level B harassment ...... Behavioral disruption for impulse noise (e.g., impact pile driving) ...... 160 dB RMS. Level B harassment ...... Behavioral disruption for non-pulse noise (e.g., vibratory pile driving, 120 dB RMS. drilling). 1 All decibel levels referenced to 1 micropascal (re: 1 μPa). Note all thresholds are based off root mean square (RMS) levels. We use NMFS’ acoustic criteria functions, to identify the received metrics of SELcum and peak sound level (NMFS 2016a, 81 FR 51694; August 4, levels, or acoustic thresholds, at which (PK) as shown in Table 5. In the case of 2016), which establishes sound individual marine mammals are the duel metric acoustic thresholds (Lpk exposure thresholds to determine when predicted to experience changes in their and LE) for impulsive sound, the larger an activity that produces sound might hearing sensitivity for acute, incidental of the two isopleths for calculating PTS result in impacts to a marine mammal exposure to all underwater onset is used. The method uses such that a take by auditory injury, i.e., anthropogenic sound sources. The estimates of sound exposure level and PTS, (Level A harassment) might occur. Guidance (Appendix D) and its duration of the activity to calculate the The specific methodology is presented companion User Spreadsheet provide threshold distances at which a marine in Appendix D of the Technical alternative methodology for mammal exposed to those values would Guidance for Assessing the Effects of incorporating these more complex experience PTS. Differences in hearing Anthropogenic Sound on Marine thresholds and associated weighting abilities among marine mammals are Mammal Hearing (Guidance), available functions. accounted for by use of weighting factor at http://www.nmfs.noaa.gov/pr/ The User Spreadsheet accounts for adjustments for the five functional acoustics/guidelines.htm) and the effective hearing ranges using Weighting hearing groups (NMFS 2016). Note that accompanying User Spreadsheet. The Factor Adjustments (WFAs), and for all proposed pile driving activities at Guidance provides updated PTS onset ADOT&PF’s application uses the Sand Point, the User Spreadsheet thresholds using the cumulative SEL recommended values for vibratory and indicated that the Level A isopleths (SELcum) metric, which incorporates impact driving therein. The acoustic generated using the SELcum were the marine mammal auditory weighting thresholds are presented using dual largest. TABLE 5—SUMMARY OF PTS ONSET ACOUSTIC THRESHOLDS PTS onset acoustic thresholds 1 Hearing group (received level) Impulsive Non-impulsive Low-Frequency (LF) Cetaceans ...... Cell 1—Lpk,flat: 219 dB; LE,LF,24h: Cell 2—LE,LF,24h: 199 dB. 183 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3—Lpk,flat: 230 dB; LE,MF,24h: Cell 4—LE,MF,24h: 198 dB. 185 dB. High-Frequency (HF) Cetaceans ...... Cell 5—Lpk,flat: 202 dB; LE,HF,24h: Cell 6—LE,HF,24h: 173 dB. 155 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7—Lpk,flat: 218 dB; LE,PW,24h: Cell 8—LE,PW,24h: 201 dB. 185 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9—Lpk,flat: 232 dB; LE,OW,24h: Cell 10—LE,OW,24h: 219 dB. 203 dB. 1 Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31416 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded. Distance to Sound Thresholds respectively). Construction sites in waterfront (Navy 2012), only measured The sound field in the project area is Alaska were generally assumed to best one pile each, but reported similar the existing background noise plus represent the environmental conditions sound levels of 162 dB RMS and 159 dB additional construction noise from the found in Sand Point and represent the RMS (range 157 dB to 160 dB), proposed project. Marine mammals are nearest available source level data for respectively. Because only two piles expected to be affected via sound 30-inch steel piles. Similarities among were measured in Washington, the generated by the primary components of the sites include island chains and California project was also included in the project, i.e., impact pile driving, groups of islands adjacent to continental the analysis. The California project was vibratory pile driving, and vibratory pile landmasses; deeply incised marine located in a coastal bay and reported a removal. Vibratory hammers produce channels and fjords; local water depths ‘‘typical’’ value of 160 dB RMS with a constant sound when operating, and of 20–40 meters; Gulf of Alaska marine range 158 to 178 dB RMS for two piles produce vibrations that liquefy the water influences; and numerous where vibratory levels were measured. sediment surrounding the pile, allowing freshwater inputs. However, the use of Caltrans summarized the project’s RMS it to penetrate to the required seating data from Alaska sites was not level as 170 dB RMS, although most depth. An impact hammer would then appropriate in all instances. Details are levels observed were nominally 160 dB. generally be used to place the pile at its described below. Although the data set is limited to these intended depth. The actual durations of To derive source levels for vibratory projects, close agreement of the levels each installation method vary driving of 30-in piles, NMFS used (average project values from 159 to 162 depending on the type and size of the summary data from Auke Bay and dB at 10 meters) resulted in NMFS pile. An impact hammer is a steel Ketchikan as described in a selecting a source level of 161 dB RMS. device that works like a piston, comprehensive summary report by Note that a fourth project at NBK, producing a series of independent Denes et al., (2016b). During the two Bangor drove 16-inch hollow steel piles, strikes to drive the pile. Impact studies, three 30-inch steel piles were with measured levels similar to those hammering typically generates the installed at each location via both for the 24-inch piles. Therefore, NMFS loudest noise associated with pile impact and vibratory driving. For each elected to use the same 161 dB RMS as installation. Factors that could pile, the mean recorded SPL in dB re 1 a source level for vibratory driving of potentially minimize the potential mPa was reported for the locations 18-inch steel piles. NMFS believes it impacts of pile installation associated monitoring hydrophones (Denes et al., appropriate to use source levels from with the project include: 2016; Warner and Austin 2016b). The the next largest pile size when data are • The relatively shallow waters in the vibratory data were then derived to a 10- lacking for specific pile sizes, as is the project area (Taylor et al., 2008); meter standard distance. The average of case with the18-inch piles under • Land forms around Sand Point that the mean source levels from both Auke consideration. would block the noise from spreading; Bay and Ketchikan locations was then calculated for each measurement (rms ADOT&PF suggested a source level of and 142 dB RMS for vibratory driving of • Vessel traffic and other commercial and peak SPL, as well as sound steel H-piles. However, NMFS found and industrial activities in the project exposure level [SEL]) (Denes et al., this data to be inconsistent with other area that contribute to elevated 2016b). ADOT&PF also considered data reported values and opted to use a value background noise levels. from a study in Kake (MacGillivray et Sound would likely dissipate al., 2016). However, conditions at Kake of 150 dB which was derived from relatively rapidly in the shallow waters include an organic mud substrate which summary data pertaining to vibratory over soft seafloors in the project area. would likely absorb sound and decrease driving of 12-inch H piles (Caltrans Additionally, portions of Popof Island source level values for vibratory driving. 2015). and Unga Island would block much of NMFS believes that these conditions In the application, ADOT&PF derived the noise from propagating to its full resulted in anomalous source level source levels for impact driving of 30- extent through the marine environment. measurements for vibratory pile driving inch steel piles by averaging the In order to calculate distances to the that would not be expected at locations individual mean values associated with Level A and Level B sound thresholds with dissimilar substrates. NMFS will impact driving of the same size and type for piles of various sizes being used in continue to evaluate use of these data on from Auke Bay, Kake, and Ketchikan this project, NMFS used acoustic a case-specific basis, however, for these (Denes et al., 2016a; MacGillivray et al., monitoring data from other locations. reasons vibratory data from that study 2016; Warner and Austin 2016b; Denes Note that piles of differing sizes have was not included in this analysis. et al., 2016b). Impact driving values at different sound source levels. Results are shown in Table 6. Kake did not seem to be influenced by Empirical data from recent ADOT&PF For vibratory driving of 24-inch steel substrate conditions in the way sound source verification (SSV) studies dolphin and fender piles, data from vibratory driving measurements are at Kake, Ketchikan, and Auke Bay, were three projects (two projects in believed to have been and, therefore, used to estimate sound source levels Washington and one in California) were Kake data was included. The average of (SSLs) for vibratory and impact reviewed. The Washington marine the mean source levels from these three installation of 30-inch steel pipe piles projects at the Washington State Ferries sites was then calculated for each metric (MacGillivray et al., 2016, Warner and Friday Harbor Terminal (WSDOT, 2010) (rms, SEL, and peak). Results are shown Austin 2016b, Denes et al., 2016a, and Naval Base Kitsap, Bangor in Table 6. VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31417 For the 24-inch impact pile driving, recommended a value of 193 dB RMS Harbor Restoration Ferry Terminal NMFS used data from a Navy (2015) which was derived from data generated Project. NMFS found this estimated study of proxy sound source values for by impact driving of 24-inch steel piles source level to be appropriate. use at Puget Sound military at the Bainbridge Island Ferry Terminal installations. The Navy study Preservation Project and the Friday TABLE 6—ESTIMATES OF MEAN UNDERWATER SOUND LEVELS (DECIBELS) GENERATED DURING VIBRATORY AND IMPACT PILE INSTALLATION AND VIBRATORY PILE REMOVAL Method and pile type Sound level at 10 meters Literature source Vibratory hammer dB re 1 μPa rms 30-inch steel piles ...... 165.6 Derived from Denes et al. 2016a (Auke); Warner and Austin 2016b (Ketchikan). 24-inch steel piles ...... 161 WSDOT 2010; Caltrans 2012; Navy 2012. 18-inch steel piles ...... 161 WSDOT 2010; Caltrans 2012; Navy 2012. Steel H-piles ...... 150 Caltrans 2015. Impact hammer dB rms dB SEL dB peak 30-inch steel piles ...... 193.6 179.3 207.1 Derived from Denes et al. 2016a; Warner and Austin 2016b, MacGillivray et al., 2016. 24-inch steel piles ...... 193 181 210 Navy 2015. The formula below is used to underwater acoustic data utilizing the at a rate of 1 or 2 piles per day. For 24- calculate underwater sound practical spreading loss model. inch fender piles, ADOT&PF used the propagation. Transmission loss (TL) is Pulse duration from the SSV studies same single strike SEL of 181 dB and the decrease in acoustic intensity as an described above are unknown. All assumed 120 strikes per pile and 1 to 4 acoustic pressure wave propagates out necessary parameters were available for pile installations per day. To calculate from a source. TL parameters vary with the SELcum (cumulative Single Strike Level A harassment isopleths associated frequency, temperature, sea conditions, Equivalent) method for calculating with the vibratory driving of 30-inch current, source and receiver depth, isopleths. Therefore, this method was piles, ADOT&PF utilized a source level water depth, water chemistry, and selected. To account for potential (RMS SPL) of 165.6 dB and assumed 3 bottom composition and topography. variations in daily productivity during hours of driving per day. For 24-inch impact installation, isopleths were The general formula for underwater TL dolphin and fender piles, ADOT&PF calculated for different numbers of piles is: used a source level of 161 dB and that could be installed each day (Table TL = B * log 10 (R 1/R 2) 7). Should the contractor expect to assumed up to 2 hours of driving per Where: install fewer piles in a day than the day. For installation and/or removal of TL = transmission loss in dB maximum anticipated, a smaller Level A piles less than 24-inches in diameter, B = transmission loss coefficient; for practical shutdown zone would be employed to ADOT&PF assumed use of 18-inch piles spreading equals 15 monitor take. and used the same source level of 161 R 1 = the distance of the modeled SPL from To derive Level A harassment dB for up to 3 hours per day. If H-piles the driven pile, and isopleths associated with the impact are used, a source level of 150 dB was R 2 = the distance from the driven pile of the driving of 30-inch piles, ADOT&PF utilized. Practical spreading was used in initial measurement. utilized a single strike SEL of 179.3 dB all instances. Results are shown in Table NMFS typically recommends a and assumed 1000 strikes per pile for 1 7. Isopleths for Level B harassment default practical spreading loss of 15 dB to 4 piles per day. For 24-inch dolphin associated with impact (160 dB) and per tenfold increase in distance. piles, ADOT&PF used a single strike vibratory harassment (120 dB) were also ADOT&PF analyzed the available SEL of 181 dB and assumed 400 strikes calculated and are included in Table 7. TABLE 7—PILE INSTALLATION AND REMOVAL ACTIVITIES AND CALCULATED DISTANCES TO LEVEL A AND LEVEL B HARASSMENT ISOPLETHS 1 Estimated duration Level A harassment zone (meters) Level B Harass- (based on new technical guidance) ment Zone (meters) Cetaceans Pinnipeds (based on prac- tical spreading Activity Hours per Days of loss model) day effort LF MF HF PW OW Cetaceans and Pinnipeds (120 dB) Vibratory Installation 30″ ...... 3 13 28.8 2.6 42.6 17.5 1.2 10,970 (10,964) Vibratory Installation 24″ Dolphin ...... 1 2 6.8 0.6 10.1 4.2 0.3 Vibratory Installation 24″ Fender ...... 2 2 10.8 1 16 6.6 0.5 5,420 (5,412) Vibratory Installation and/or removal <24″ (18″) ...... 3 15 14 1 21 8.6 0.6 VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31418 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices TABLE 7—PILE INSTALLATION AND REMOVAL ACTIVITIES AND CALCULATED DISTANCES TO LEVEL A AND LEVEL B HARASSMENT ISOPLETHS 1—Continued Estimated duration Level A harassment zone (meters) Level B Harass- (based on new technical guidance) ment Zone (meters) Cetaceans Pinnipeds (based on prac- tical spreading Activity Hours per Days of loss model) day effort LF MF HF PW OW Cetaceans and Pinnipeds (120 dB) Vibratory Installation and/or removal <24″ (H-piles) ...... 3 15 2.6 0.2 3.9 1.6 0.1 1,000 Cetaceans Pinnipeds Cetaceans and Activity Piles per Strikes Days of Pinnipeds day per pile effort LF MF HF PW OW (160 dB) Impact Installation 30″ ..... 4 1,000 13 1,426 51 1,699 763 56 1,740 (1,738) 3 18 1,177 42 1,402 630 46 2 26 898 32 1,070 481 35 1 52 566 20 674 303 22 Impact Installation 24″ Dolphin ...... 2 400 2 633 23 754 339 25 1 3 399 14 475 213 16 Impact Installation 24″ Fender ...... 4 120 2 450 16 537 241 18 1,590 (1,585) 3 3 372 13 443 199 15 2 4 284 10 338 152 11 1 8 178 6 213 96 7 1 To account for potential variations in daily productivity during impact installation, isopleths were calculated for different numbers of piles that could be installed each day (Therefore, should the contractor expect to install fewer piles in a day than the maximum anticipated, a smaller Level A shutdown zone would be required to avoid take.) Note that the actual area ensonified by ensonified area was determined using a Level B ensonified zones for impact pile driving activities is significantly straight line-of-sight projection from the driving and vibratory installation/ constrained by local topography relative anticipated pile driving locations. The removal are shown in Table 8. to the total threshold radius. The actual corresponding areas of the Level A and TABLE 8—CALCULATED AREAS (km2) ENSONIFIED WITHIN LEVEL A AND LEVEL B HARASSMENT THRESHOLDS IN EXCESS OF 100-METER DISTANCE DURING PILE INSTALLATION AND REMOVAL ACTIVITIES Estimated duration Level A harassment zone (km2) Level B harass- (based on new technical guidance) ment zone (km2) (based on prac- Cetaceans Pinnipeds tical spreading Activity Hours per Days of loss model) day effort Cetaceans and LF MF HF PW OW Pinnipeds (120 dB) Vibratory Installation 30″ ...... 3 13 NA NA NA NA NA 24.42 Vibratory Installation 24″ Dolphin ...... 1 2 NA NA NA NA NA 17.19 Vibratory Installation 24″ Fender ...... 2 2 NA NA NA NA NA Vibratory Installation and/or removal <24″ (18″) ...... 3 15 NA NA NA NA NA Vibratory Installation and/or removal <24″ (H-piles) ...... 3 15 NA NA NA NA NA 1.47 Cetaceans Pinnipeds Cetaceans and Activity Piles per Strikes Days of Pinnipeds day per pile effort LF MF HF PW OW (160 dB) Impact Installation 30″ ..... 4 1,000 13 2.84 NA 3.91 0.91 NA 4.08 3 18 1.98 NA 2.75 0.66 NA 2 26 1.21 NA 1.66 0.41 NA 1 52 0.55 NA 0.74 0.18 NA Impact Installation 24″ Dolphin ...... 2 400 2 0.67 NA 0.89 0.22 NA 3.45 1 3 0.29 NA 0.40 0.09 NA VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31419 Cetaceans Pinnipeds Cetaceans and Activity Piles per Strikes Days of Pinnipeds day per pile effort LF MF HF PW OW (160 dB) Impact Installation 24″ Fender ...... 4 120 2 0.36 NA 0.50 0.11 NA 3 3 0.26 NA 0.35 0.08 NA 2 4 0.16 NA 0.22 0.04 NA 1 8 0.06 NA 0.09 0.02 NA Potential exposures to impact and consists of coastal waters of 100 meters 2017). Killer whales are expected to be vibratory pile driving noise for each or less (Hobbs and Waite 2010). Based uncommon in the project area and are threshold were estimated using local on the known range of the Gulf of not expected to enter into Humboldt marine mammal density datasets where Alaska stock, only six sightings of Harbor. However, NMFS used the available and local observational data. singles or pairs during 110 days of density estimate of 0.002 per km2 to monitoring of the Kodiak Ferry determine the number of killer whales Dall’s Porpoise Terminal and Dock Improvements potentially observed within the project There currently is no information on project, and occasional sightings during area. Given the low probability of the presence or abundance of Dall’s monitoring of projects at other locations occurrence within the project area, porpoises in the Shumagin Islands. No on Kodiak Island, it is assumed that using the available density estimates as sightings of Dall’s porpoises have been harbor porpoises could be present on an an indication of exposure is a documented in Humboldt Harbor and intermittent basis. conservative approach to estimate they are not expected to occur there Harbor porpoises are non-migratory; potential killer whale exposure to pile (HDR 2017). However, individuals may therefore, exposure estimates are not driving noise. Vibratory installation of occur in the deeper waters north of dependent on season. NMFS 30-inch piles will occur on 13 days Popof Island or in Popof Strait, west of conservatively estimates harbor while vibratory installation of 24-inch the Sand Point Airport. These porpoises porpoise could be exposed to dolphin piles, 24-inch fender piles, and have been sighted infrequently on construction-related in-water noise on temporary 18-inch or h-piles will occur research cruises heading in and out of two out of every three construction on a total of 19 days. NMFS assumed Sand Point in deeper local waters days. Harbor porpoises in this area have that 18-inch piles would be installed (Speckman, Pers. Comm.). Dall’s an average group size of 1.82. Therefore, instead of h-piles and that 18-inch piles porpoise are non-migratory; therefore, NMFS estimates 49 harbor porpoise have the same source level and isopleth exposure estimates are not dependent exposures as shown below. as 24-in piles. NMFS also added a 25 on season. Exposure of Dall’s porpoise Sighting every 0.667 days * 40 days percent contingency factor to account to noise from impact hammer pile of exposure * 1.82 group size = 49 for unanticipated delays. Therefore, installation is unlikely, as they are not (48.55) rounded up). there would be up to 16.25 days of expected to occur within the 1,738 During impact installation of piles, vibratory installation of 30-inch piles meter Level B harassment zone. the Level A harassment isopleth for and 23.75 days of 24-inch piles. At a Similarly, we do not anticipate Dall’s harbor porpoises extends up to 1,699 density of 0.002 whales/km2, NMFS porpoise would be exposed to noise in meters when a maximum of four 30- anticipates approximately 0.79 killer excess of the Level A harassment inch piles are installed on the same day. whales (i.e., 0.002 whales/km2 * 24.42 threshold, which would be located at a Given that harbor porpoises prefer near- km2 30-inch vibratory harassment zone maximum distance of 1,699 meters. It is shore waters, we anticipate that it is * 16.25 days) would be exposed to Level possible, however, that they would possible for up to one-third of the B harassment associated with 30-inch occur in the larger Level B zone harbor porpoise sighting to occur in a vibratory driving while 0.82 killer associated with vibratory driving of 30- Level A harassment zone. Therefore, whales (i.e., 0.002 whales/km2 * 17.19 inch (up to 10,970 meters) and 24-inch NMFS proposes that of the 49 km2 24-inch vibratory harassment zone piles (up to 5,420 meters). Over the exposures, 16 will occur within a Level * 23.75 days) would be exposed to Level course of 40 days in which vibratory A harassment isopleth and 33 will occur B harassment from 24-inch vibratory driving will be employed, NMFS within a Level B harassment isopleth. driving over 40 days. Over the 40 day conservatively anticipates no more than construction period, 2 killer whales Killer Whale one observation of a Dall’s porpoise pod (1.61 rounded up) would be exposed to in these Level B vibratory harassment Line transect surveys conducted in Level B harassment. zones. With an average pod size of 3.7 the Shumagin Islands between 2001 and However, killer whales generally (Wade et al. 2003), NMFS estimates up 2003 did not record any resident killer travel in pods, or groups of individuals. to four Dall’s porpoises could be taken whales, but did record a relatively high The average pod size for transient killer during the pile installation period. No abundance of transient killer whales whales is four individuals (Zerbini et al. Level A take is proposed for Dall’s (Zerbini et al., 2007). The same study 2007) and 5–50 for resident killer porpoises. estimated a density of approximately whales (Heise et al. 2003). A monitoring 0.002 killer whales per square kilometer report associated with issuance of an Harbor Porpoise (km2) in the Shumagin Islands (Zerbini IHA for Kodiak Ferry Terminal and There are no reports of harbor et al., 2007). The population trend of the Dock Improvements Project recorded porpoises or harbor porpoise densities transient stock of killer whales in four killer whale pod observations in the Shumagin Islands. It is reasonable Alaska has remained stable since the during 110 days of monitoring with the to assume that they would occur in the 1980s (Muto et al., 2016a). Anecdotal largest pod size consisting of seven vicinity of Popof and Unga Islands given observations indicate that killer whales individuals. NMFS will, therefore, that they are common in the Gulf of are not often seen in the vicinity of Sand assume that there will be sightings of Alaska and their preferred habitat Point, including Popof Strait (HDR two pods with an average group size of VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31420 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices seven over the course of the 40-day whales/km2 * 17.19 km2 24-inch remaining 89 percent (CV = 0.01) of construction period resulting in a total vibratory harassment zone * 23.75 days) individuals in the Gulf of Alaska are estimate of 14 killer whale Level B would be exposed to harassment on likely members of the Hawaii DPS takes. These killer whales would likely days in which 24-inch piles are driven (Wade et al., 2016). Therefore it is be transients, but could also be for a total of 32 (32.2 rounded down) estimated that 28 humpback whales residents, so take is proposed for both whale takes over 40 days. would be from the Hawaii DPS, three stocks. No Level A take is proposed for A subset of the 32 humpback whales humpback whales would be from the killer whales since the injury zone is potentially exposed to harassment noise threatened Mexico DPS, and 1 smaller than the 100 meter shutdown levels may enter the Level A harassment humpback whale would be from the zone. zone, which extends 1,426 meters endangered Western North Pacific DPS. assuming an optimal productivity of Given the small number of anticipated Humpback Whale driving four 30-inch piles per day; 633 Level A takes, NMFS will assume that Surveys from 2001 to 2004 estimated meters when driving two 24-inch both authorized Level A takes represent humpback whale abundance in the dolphins; and 450 meters when driving members of the Hawaii DPS. Shumagin Islands at between 410 and four 24-inch fenders. NMFS has again 593 individuals during the summer added a 25 percent contingency and Fin Whale feeding season (July–August; Witteveen will assume 16.25 days of 30-inch Vessel-based line-transect surveys of et al., 2004; Zerbini et al., 2006). Annual impact pile driving, 2.5 days of 24-inch coastal waters between Resurrection Bay vessel-based, photo-identification dolphin installation and 2.5 days of 24- and the central Aleutian Islands were surveys in the Shumagin Islands from inch fender installation. Note that when completed in July and August from 2001 1999 to 2015 identified 654 unique estimating Level A take, NMFS to 2003. Large concentrations of fin individual humpback whales between conservatively defaulted to the Level A whales were found in the Semidi June and September (Witteveen and isopleth and corresponding area Islands, located midway between the Wynne 2016). Humpback whale associated with maximum number of Shumagin Islands and Kodiak Island abundance in the Shumagin Islands piles that can driven each day for each just south of the Alaska Peninsula. The increased 6 percent per year between pile size. We anticipate approximately abundance of fin whales in the 1987 and 2003 (Zerbini et al., 2006). 1.84 humpback whales (e.g., 0.04 Shumagin Islands ranged from a low Between 2001 and 2003, summer line whales/km2 * 2.84 km2 Level A estimate of 604 in 2003 to a high transect surveys in the Shumagin harassment zone * 16.25 days) would be estimate of 1,113 in 2002. The estimated Islands estimated the humpback whale exposed to Level A harassment during density of fin whales in the Shumagin density at 0.02 whales per km2 (Zerbini 30-inch impact pile driving; Islands was 0.007 whales per km2 and et al., 2006). Given an approximate approximately 0.07 humpback whales this is the density estimate assumed for population increase of 6 percent each (e.g., 0.04 whales/km2 * 0.67 km2 Level the project area (Zerbini et al., 2006). year since the early 2000’s (Muto et al., A harassment zone * 2.5 days) would be Fin whale density in the Shumagin 2016b), we conservatively estimate the exposed to Level A harassment during Islands at other times of the year is current density of humpback whales as 24-inch dolphin installation; and unknown, and they are uncommon in about 0.04 whale per km2 (0.02 whale/ approximately 0.04 humpback whales Humboldt Harbor or Popof Strait (HDR km2 * [6 percent increase/year * 13 (e.g., 0.04 whales/km2 * 0.36 km2 Level 2017). At a density of 0.007 whales/km2, years]). A harassment zone * 2.5 days) would be NMFS anticipates approximately 2.77 Exposure of humpback whales to exposed to Level A harassment during fin whales (i.e., 0.007 whales/km2 * Level A and Level B harassment noise 24-inch fender installation. Therefore, a 24.42 km2 30-inch vibratory harassment levels is possible in August and, to a total of 2 (1.95 rounded up) humpback zone * 16.25 days) would be exposed to lesser extent, in September. Exposure is whales could be exposed to Level A Level B harassment on days when 30- unlikely between October and December harassment. Therefore, NMFS is inch vibratory driving would occur. because humpback whale abundance is proposing 30 Level B and 2 Level A Additionally, 2.86 whales (i.e., 0.007 low during late fall and winter. humpback whale takes. whales/km2 * 17.19 km2 24-inch Humpback whales, when present, are Humpback whales found in the vibratory harassment zone * 23.75 days) unlikely to enter Humboldt Harbor or Shumagin Islands are predominantly would be exposed to Level B approach the City of Sand Point, but members of the Hawaii DPS, which are harassment on days in which 24-inch would instead transit through Popof not listed under the ESA. However, piles are driven for a total of 6 (5.63 Strait or feed in the deeper waters off based on a comprehensive photo- rounded up) Level B takes of fin whales the airport, between Popof and Unga identification study, members of both over 40 days. Therefore, NMFS is islands (HDR 2017). Harassment from the Western North Pacific DPS (ESA- proposing 6 Level B fin whale takes. Fin pile installation is possible in waters listed as endangered) and Mexico DPS whales are typically found in deep, between Popof and Unga islands, (ESA-listed as threatened) are known to offshore waters so no Level A take is including Popof Strait. Because we do occur in the Gulf of Alaska and Aleutian proposed for this species. not know exactly when construction Islands. Members of different DPSs are might occur, we will use the updated known to intermix on feeding grounds; Minke Whale summer density estimate (and our only therefore, all waters off the coast of There are no population estimates for density estimate) of 0.04 whales/km2 to Alaska should be considered to have minke whales in Alaska; however, estimate exposure. ESA-listed humpback whales. nearshore aerial surveys of the western At a density of 0.04 whales/km2, According to Wade et al., (2016), the Gulf of Alaska took place between 2001 NMFS anticipates approximately 15.87 probability of encountering a humpback and 2003. These surveys estimated the humpback whales (i.e., 0.04 whales/km2 whale from the Western North Pacific minke whale population in that area at * 24.42 km2 30-inch vibratory DPS in the Gulf of Alaska is 0.5 percent approximately 1,233 individuals harassment zone * 16.25 days) would be (CV [coefficient of variation] = 0.001). (Zerbini et al. 2006). Conservatively, exposed to harassment on days when The probability of encountering a minke whales could be exposed to 30-inch vibratory driving would occur. humpback whale from the Mexico DPS construction-related noise levels year Additionally, 16.33 whales (i.e., 0.04 is 10.5 percent (CV = 0.16). The round. Surveys indicate a density of VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31421 0.001 minke whales per km2 south of unique individual sea lions occur in humans, lifting their heads from the the Alaska Peninsula (including the Humboldt Harbor each day and could water to look around. Given that harbor Shumagin Islands). At a density of 0.001 potentially be exposed to Level B seals are likely to be found in the near- whales/km2, NMFS anticipates harassment over 40 days of shore environment, we are proposing approximately 0.40 minke whales (i.e., construction. Given that the project area limited Level A take since the impact 0.001 whales/km2 * 24.42 km2 30-inch is located within the aquatic zones (i.e., pile driving injury zones can extend vibratory harassment zone * 16.25 days) designated critical habitat) of two well beyond the 100 meter shutdown would be exposed to Level B designated major haulouts (Sea Lion zone. We anticipate that up to one-third harassment on days when 30-inch Rocks and The Whaleback), sea lions of harbor seal takes would be by Level vibratory driving would occur. could commonly enter into the Level B A harassment resulting in 27 Level A Additionally, 0.41 whales (i.e., 0.001 ensonified zone outside of the and 53 Level B proposed takes of harbor whales/km2 * 17.19 km2 24-inch Humboldt Harbor. As such, it assumed seals. vibratory harassment zone * 23.75 days) that an additional 12 animals per day Proposed Mitigation would be exposed to Level B may occur in the Level B harassment harassment on days in which 24-inch zone outside of Humboldt Harbor. Total In order to issue an IHA under piles are driven for a total of 1 (0.81 exposures is calculated using the Section 101(a)(5)(D) of the MMPA, rounded up) level B take of minke following equation: NMFS must set forth the permissible methods of taking pursuant to such whales over 40 construction days. With 24 sea lions per day * 40 days of activity, ‘‘and other means of effecting a pod size of two or three (NMFS 2015), exposure = 960 potential exposures NMFS proposes that three minke whales the least practicable impact on such No Level A take is proposed for could be taken during the 40-day species or stock and its habitat, paying Steller sea lions since the Level A construction period. No Level A take is particular attention to rookeries, mating proposed for minke whales due to low isopleths are smaller than the 100 meter grounds, and areas of similar abundance near the project area. shutdown zone. significance, and on the availability of Harbor Seal such species or stock for taking’’ for Gray Whale certain subsistence uses. NMFS Gray whales could potentially migrate Anecdotal observations indicate that regulations require applicants for through the area between March harbor seals are uncommon in incidental take authorizations to include through May and November through Humboldt Harbor proper (HDR 2017). information about the availability and January. Gray whale presence near Sand However, they are expected to occur feasibility (economic and technological) Point and in Humboldt Harbor is rare occasionally in the project area. The of equipment, methods, and manner of and unlikely to occur during the Kodiak Ferry Terminal and Dock conducting such activity or other means construction period. As such, exposure Improvements Project on Kodiak Island of effecting the least practicable adverse of gray whales to noise from impact recorded 13 single sightings of harbor impact upon the affected species or hammer pile installation is unlikely, as seals during 110 days of monitoring. stocks and their habitat (50 CFR they are not expected to occur within Although the harbor seal stock is 216.104(a)(11)). the 1,426 meter harassment zone. different at Kodiak (South Kodiak stock) In evaluating how mitigation may or Harassment from vibratory pile and the project sites are somewhat may not be appropriate to ensure the installation is possible in the deeper dissimilar, NMFS used this information least practicable adverse impact on water north of Popof Strait. Because to conservatively estimate that one species or stocks and their habitat, as there are no density estimates for the harbor seal could be present near Sand well as subsistence uses where area and the rarity of gray whales within Point on any given day. An aerial applicable, we carefully balance two the project area, NMFS conservatively haulout survey in 2011 estimated that primary factors: (1) The manner in estimates that gray whales will not be 15 harbor seals occupy the survey unit which, and the degree to which, the observed more than one time during the along the south coast of Popof Island successful implementation of the construction period. Multiplying the (London et al., 2015) and anecdotal measure(s) is expected to reduce one potential observation by the average observations indicate that harbor seals impacts to marine mammals, marine pod size of 2.4 (Rugh et al., 2005), are known to occur intermittently near mammal species or stocks, and their NMFS estimates that two gray whales the airport (HDR 2017). NMFS habitat which considers the nature of could be exposed to construction- conservatively estimates that one animal the potential adverse impact being related noise at the Level B harassment per day will be observed near the harbor mitigated (likelihood, scope, range), as level over the course of the construction while another animal will occur near well as the likelihood that the measure period. No Level A take is proposed for the airport or elsewhere within an will be effective if implemented; and the gray whales. ensonified zone. Therefore, NMFS likelihood of effective implementation, proposes that up to two harbor seals and; (2) the practicability of the Steller Sea Lion may be taken each day during the 40- measures for applicant implementation, The number of unique individuals day pile installation period for a total of which may consider such things as cost, used to calculate take was based on 80 authorized takes. impact on operations, and, in the case information reported by the nearby During impact installation of 30-inch of a military readiness activity, seafood processing facility. It is piles, the Level A harassment isopleth personnel safety, practicality of estimated that about 12 unique for harbor seals extends out to a implementation, and impact on the individual sea lions likely occur in maximum distance of 763 meters on effectiveness of the military readiness Humboldt Harbor each day during the days when four piles are driven; out to activity. pollock fishing seasons (HDR 2017). It is 339 meters when two 24-inch dolphins In addition to the measures described assumed that Steller sea lions may be are installed on the same day; and out later in this section, ADOT&PF will present every day, and also that take to 241 meters when four fenders are employ the following standard will include multiple harassments of the installed on a single day. Harbor seals mitigation measures: same individual(s) both within and often act curious toward on-shore (a) Conduct briefings between among days. It is also assumed that 12 activities and are known to approach construction supervisors and crews, and VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31422 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices marine mammal monitoring team, prior technical guidance published in the low-frequency cetaceans (i.e., humpback to the start of all pile driving activity, Federal Register on August 4, 2016 (81 whales), high-frequency cetaceans (i.e., and when new personnel join the work, FR 51693). The shutdown zones vary for harbor porpoises), or phocid pinnipeds in order to explain responsibilities, specific species. A conservative (i.e., harbor seals). For this reason, Level communication procedures, marine shutdown zone of 100 meters will be A take for small numbers of humpback mammal monitoring protocol, and monitored during all pile driving whales, harbor porpoises, and harbor operational procedures, and; activities to prevent Level A exposure to seals is proposed. (b) For in-water heavy machinery most species. During vibratory To account for potential variations in work other than pile driving (e.g., installation of piles of all sizes and daily productivity during impact standard barges, tug boats), if a marine impact installation of 24-inch piles, installation, isopleths were calculated mammal comes within 10 m, operations piles under 24 inches, and H-piles, a for different numbers of piles that could shall cease and vessels shall reduce 100-meter shutdown zone would be installed each day. Therefore, should speed to the minimum level required to prevent Level A take to marine the contractor expect to install fewer maintain steerage and safe working mammals. A 100-meter shutdown zone piles in a day than the maximum conditions. This type of work could would also be sufficient to prevent include the following activities: (1) Level A take of mid-frequency cetaceans anticipated, a smaller Level A shutdown Movement of the barge to the pile and otariid pinnipeds (i.e., Steller sea zone reflecting the number of piles location; or (2) positioning of the pile on lions) during impact installation of 30- driven would be required to avoid take. the substrate via a crane (i.e., stabbing inch and 24-inch piles. Note that Level Furthermore, if the first pile is driven the pile). A take is not proposed for the low- and no marine mammals have been (c) Work may only occur during frequency species of fin whale, gray observed within the radius of daylight hours, when visual monitoring whale and minke whale, mid-frequency corresponding Level A zone, then the of marine mammals can be conducted. killer whale and high-frequency Dall’s Level A radius for the next pile shall be The following measures would apply porpoise since estimated take numbers decreased to next largest Level A radius. to ADOT&PFs mitigation requirements: are low. In the unlikely occurrence that This pattern shall continue unless an Establishment of Shutdown Zone— animals of these species are observed animal is observed within the most For all pile driving activities, ADOT&PF approaching their respective Level A recent shutdown zone radius, at which will establish a shutdown zone. The zones, pile driving operations will shut that specific shutdown radius shall purpose of a shutdown zone is generally down. remain in effect for the rest of the to define an area within which Establishment of Level A Take Zone— workday. Additionally, if piles of shutdown of activity would occur upon ADOT&PF will establish Level A take different sizes are installed in a single sighting of a marine mammal (or in zones which are areas beyond the day, the size of the monitored Level A anticipation of an animal entering the shutdown zones where animals may be zone for all installed piles will default defined area). In this case, shutdown exposed to sound levels that could to the isopleth corresponding to the zones are intended to contain areas in result in PTS. During impact installation largest pile being driven that day. Level which SPLs equal or exceed acoustic of 30-inch and 24-inch piles, a 100- A zones will be rounded up to the injury criteria for some authorized meter shutdown zone would not be nearest 10 m and are depicted in Table species, based on NMFS’ new acoustic sufficient to prevent Level A take of 9. TABLE 9—LEVEL A ZONE ISOPLETHS DURING IMPACT DRIVING Isopleths (m) Activity Piles installed per LF day (Humpback HF PW whales) (Harbor porpoises) (Harbor seals) Impact Installation 30″ ...... 4 1,430 (1,426) 1,700 (1,699) 770 (763) 3 1,180 (1,177) 1,410 (1,402) 630 (630) 2 900 (898) 1,070 (1,070) 490 (481) 1 570 (566) 680 (674) 310 (303) Impact Installation 24″ Dolphin ...... 2 640 (633) 760 (754) 340 (339) 1 400 (399) 480 (475) 220 (213) Impact Installation 24″ Fender ...... 4 450 (450) 540 (537) 250 (241) 3 380 (372) 450 (443) 200 (199) 2 290 (284) 340 (338) 160 (152) 1 180 (178) 220 (213) 100 (96) Establishment of Disturbance Zones— utility for monitoring by establishing zone and thus prepare for potential ADOT&PF will establish Level B monitoring protocols for areas adjacent shutdowns of activity. The Level B zone disturbance zones or zones of influence to the shutdown zones. Monitoring of isopleths will be rounded up to the (ZOI) which are areas where SPLs equal disturbance zones enables observers to nearest 10 m and are depicted in Table or exceed 160 dB rms for impact driving be aware of and communicate the 10. and 120 dB rms during vibratory presence of marine mammals in the driving. Disturbance zones provide project area but outside the shutdown VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31423 TABLE 10—LEVEL B ZONE ISOPLETHS if visibility becomes impaired within • Individual marine mammal DURING IMPACT AND VIBRATORY the Level B zone. If the Level B zone is responses (behavioral or physiological) DRIVING not visible while work continues, to acoustic stressors (acute, chronic, or exposures will be recorded at the cumulative), other stressors, or Level B estimated exposure rate for each cumulative impacts from multiple harassment zone permitted species. If work ceases for stressors. (meters) more than 30 minutes, the pre-activity • How anticipated responses to (based on practical monitoring of both zones must stressors impact either: (1) Long-term Activity spreading loss recommence. fitness and survival of individual model) Sound Attenuation Devices—During marine mammals; or (2) populations, impact pile driving, contractors will be species, or stocks. Cetaceans and • Effects on marine mammal habitat Pinnipeds required to use pile caps. Pile caps (120 dB) reduce the sound generated by the pile, (e.g., marine mammal prey species, although the level of reduction can vary. acoustic habitat, or other important Vibratory Installation 30″ 10,970 (10,964) Based on our evaluation of the physical components of marine ″ Vibratory Installation 24 applicant’s proposed measures, as well mammal habitat). • Dolphin ...... 5,420 (5,412) as other measures considered by NMFS, Mitigation and monitoring Vibratory Installation 24″ effectiveness. Fender ...... 5,420 (5,412) NMFS has preliminarily determined Vibratory Installation and/ that the proposed mitigation measures Visual Marine Mammal Observation ″ provide the means effecting the least or removal <24 or H- Monitoring will be conducted by piles ...... 5,420 (5,412) practicable adverse impact on the affected species or stocks and their qualified marine mammal observers Activity Cetaceans and habitat, paying particular attention to (MMOs), who are trained biologists, Pinnipeds rookeries, mating grounds, and areas of with the following minimum (160 dB) similar significance. qualifications: • Independent observers (i.e., not Impact Installation 30″ .... 1,740 (1,738) Proposed Monitoring and Reporting construction personnel) are required; Impact Installation 24″ • At least one observer must have In order to issue an IHA for an Dolphin ...... 1,740 (1,738) prior experience working as an observer; ″ activity, Section 101(a)(5)(D) of the Impact Installation 24 • Other observers may substitute Fender ...... 1,740 (1,738) MMPA states that NMFS must set forth, education (undergraduate degree in ‘‘requirements pertaining to the biological science or related field) or monitoring and reporting of such training for experience; Soft Start—The use of a soft-start taking.’’ The MMPA implementing • Ability to conduct field procedure is believed to provide regulations at 50 CFR 216.104 (a)(13) observations and collect data according additional protection to marine indicate that requests for authorizations to assigned protocols. mammals by providing warning and/or must include the suggested means of • Experience or training in the field giving marine mammals a chance to accomplishing the necessary monitoring identification of marine mammals, leave the area prior to the hammer and reporting that will result in including the identification of operating at full capacity. For impact increased knowledge of the species and behaviors; pile driving, contractors will be required of the level of taking or impacts on • Sufficient training, orientation, or to provide an initial set of strikes from populations of marine mammals that are experience with the construction the hammer at 40 percent energy, each expected to be present in the proposed operation to provide for personal safety strike followed by no less than a 30- action area. Effective reporting is critical during observations; second waiting period. This procedure both to compliance as well as ensuring • Writing skills sufficient to prepare a will be conducted a total of three times that the most value is obtained from the report of observations including but not before impact pile driving begins. Soft required monitoring. limited to the number and species of Start is not required during vibratory Monitoring and reporting marine mammals observed; dates and pile driving and removal activities. requirements prescribed by NMFS times when in-water construction Pre-Activity Monitoring—Prior to the should contribute to improved activities were conducted; dates and start of daily in-water construction understanding of one or more of the times when in-water construction activity, or whenever a break in pile following: activities were suspended to avoid driving of 30 minutes or longer occurs, • Occurrence of marine mammal potential incidental injury from the observer will observe the shutdown species or stocks in the action area (e.g., construction sound of marine mammals and monitoring zones for a period of 30 presence, abundance, distribution, observed within a defined shutdown minutes. The shutdown zone will be density). zone; and marine mammal behavior; cleared when a marine mammal has not • Nature, scope, or context of likely • Ability to communicate orally, by been observed within zone for that 30- marine mammal exposure to potential radio or in person, with project minute period. If a marine mammal is stressors/impacts (individual or personnel to provide real-time observed within the shutdown zone, a cumulative, acute or chronic), through information on marine mammals soft-start cannot proceed until the better understanding of: (1) Action or observed in the area as necessary; and animal has left the zone or has not been environment (e.g., source • NMFS will require submission and observed for 30 minutes (for cetaceans) characterization, propagation, ambient approval of observer CVs. and 15 minutes (for pinnipeds). If the noise); (2) affected species (e.g., life In order to effectively monitor the pile Level B harassment zone has been history, dive patterns); (3) co-occurrence driving monitoring zones, two MMOs observed for 30 minutes and non- of marine mammal species with the will be positioned at the best practical permitted species are not present within action; or (4) biological or behavioral vantage point(s). The monitoring the zone, soft start procedures can context of exposure (e.g., age, calving or position may vary based on pile driving commence and work can continue even feeding areas). activities and the locations of the piles VerDate Sep<11>2014 19:46 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31424 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices and driving equipment. The monitoring that the animal(s) has moved outside the • Water conditions (e.g., sea state, location(s) will be identified with the Level B harassment zone or if it has not tide state); following characteristics: (1) been seen in the Level B zone for 30 • Species, numbers, and, if possible, Unobstructed view of pile being driven; minutes (for cetaceans) and 15 minutes sex and age class of marine mammals; (2) Unobstructed view of all water (for pinnipeds). • Description of any observable within the Level A (if applicable) and • If any marine mammal species not marine mammal behavior patterns, Level B harassment zones for pile being authorized for take are encountered including bearing and direction of travel driven, although it is understood that during activities and are likely to be and distance from pile driving activity; monitoring may be impaired at longer exposed to Level B harassment, then • Distance from pile driving activities distances; and (3) Safe distance from ADOT&PF must stop pile driving to marine mammals and distance from pile driving activities in the activities and report observations to the marine mammals to the observation construction area. If necessary, NMFS’ Office of Protected Resources; point; observations may occur from two • When a marine mammal is • Locations of all marine mammal locations simultaneously. Potential observed, its location will be observations; and • observation locations include the determined using a rangefinder to verify Other human activity in the area. existing City Dock, the airport, the fish distance and a GPS or compass to verify Reporting processing facility, or the quarry hillside heading. located south of the project site. • The MMOs will record any ADOT&PF will notify NMFS prior to Observers will be on site and actively authorized cetacean or pinniped present the initiation of the pile driving observing the shutdown and in the relevant injury zone. The Level A activities and will provide NMFS with disturbance zones during all pile zones are shown in Table 9. a draft monitoring report within 90 days driving and extraction activities. • The MMOs will record any of the conclusion of the construction Observers will use their naked eye with authorized cetacean or pinniped present work. This report will detail the the aid of binoculars, big-eye binoculars in the relevant disturbance zone. The monitoring protocol, summarize the and a spotting scope to search Level B zones are shown in Table 10. data recorded during monitoring, and continuously for marine mammals • Ongoing in-water pile installation estimate the number of marine during all pile driving and extraction may be continued during periods when mammals that may have been harassed, activities. conditions such as low light, darkness, including the total number extrapolated The following additional measures high sea state, fog, ice, rain, glare, or from observed animals across the apply to visual monitoring: other conditions prevent effective entirety of relevant monitoring zones. If • If waters exceed a sea-state which marine mammal monitoring of the no comments are received from NMFS restricts the observers’ ability to make entire Level B harassment zone. MMOs within 30 days of submission of the observations within 100 m of the pile would continue to monitor the visible draft final report, the draft final report driving activity (e.g., excessive wind or portion of the Level B harassment zone will constitute the final report. If fog), pile installation and removal will throughout the duration of driving comments are received, a final report cease. Pile driving will not be initiated activities. must be submitted within 30 days after until the entire shutdown zone is • At the end of the pile driving day, receipt of comments. visible. post-construction monitoring shall be Negligible Impact Analysis and • If a marine mammal authorized for conducted for 30 minutes beyond the Determination Level A take is present within the Level cessation of pile driving; A harassment zone, a Level A take NMFS has defined negligible impact would be recorded. If Level A take Data Collection as ‘‘an impact resulting from the reaches the authorized limit, then pile Observers are required to use specified activity that cannot be installation would be stopped as these approved data forms. Among other reasonably expected to, and is not species approach the Level A pieces of information, ADOT&PF will reasonably likely to, adversely affect the harassment area to avoid additional take record detailed information about any species or stock through effects on of these species. implementation of shutdowns, annual rates of recruitment or survival’’ • If a marine mammal authorized for including the distance of animals to the (50 CFR 216.103). A negligible impact Level B take is present in the Level B pile and description of specific actions finding is based on the lack of likely harassment zone, pile driving activities that ensued and resulting behavior of adverse effects on annual rates of or soft-start may begin and a Level B the animal, if any. In addition, the recruitment or survival (i.e., population- take would be recorded. Pile driving ADOT&PF will attempt to distinguish level effects). An estimate of the number activities may occur when these species between the number of individual of takes, alone, is not enough are in the Level B harassment zone, animals taken and the number of information on which to base an impact whether they entered the Level B zone incidents of take. At a minimum, the determination. In addition to from the Level A zone (if relevant), following information will be collected considering the authorized number of shutdown zone or from outside the on the sighting forms: marine mammals that might be ‘‘taken’’ project area. If Level B take reaches the • Date and time that monitored through harassment, NMFS considers authorized limit, then pile installation activity begins or ends; other factors, such as the likely nature would be stopped as these species • Construction activities occurring of any responses (e.g., intensity, approach to avoid additional take of during each observation period; duration), the context of any responses these species. • Detailed information about any (e.g., critical reproductive time or • If a marine mammal is present in implementation of shutdowns, location, migration, etc.), as well as the Level B harassment zone, pile including the distance of animals to the effects on habitat, the status of the driving activities may be delayed to pile and description of specific actions affected stocks, and the likely avoid a Level B take of an authorized that ensued and resulting behavior of effectiveness of the mitigation. species. Pile driving activities or soft- the animal, if any; Consistent with the 1989 preamble for start would then begin only after the • Weather parameters (e.g., percent NMFS’s implementing regulations (54 MMO has determined, through sighting, cover, visibility); FR 40338; September 29, 1989), the VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31425 impacts from other past and ongoing Effects on individuals that are taken associated with the proposed project anthropogenic activities are by Level B harassment, on the basis of overlaps with a third. The closest major incorporated into these analyses via reports in the literature as well as haulout is approximately 27 km distant. their impacts on the environmental monitoring from other similar activities, The project activities are limited in time baseline (e.g., as reflected in the will likely be limited to reactions such and would not modify existing marine regulatory status of the species, as increased swimming speeds, mammal habitat. EFH near the project population size and growth rate where increased surfacing time, or decreased area has been designated for a number known, ongoing sources of human- foraging (if such activity were occurring) of species. While the activities may caused mortality, or ambient noise (e.g., Thorson and Reyff 2006; Lerma cause some fish to leave the area of levels). 2014). Most likely, individuals will disturbance, temporarily impacting To avoid repetition, the discussion of simply move away from the sound marine mammals’ foraging our analyses applies to all the species source and be temporarily displaced opportunities, this would encompass a listed in Table 3. There is little from the areas of pile driving, although relatively small area of habitat leaving information about the nature of severity even this reaction has been observed large areas of existing fish and marine of the impacts or the size, status, or primarily only in association with mammal foraging habitat unaffected. As structure of any species or stock that impact pile driving. In response to such, the impacts to marine mammal would lead to a different analysis for vibratory driving, pinnipeds (which habitat are not expected to cause this activity. may become somewhat habituated to significant or long-term negative Pile driving and extraction activities human activity in industrial or urban consequences. associated with the Sand Point City waterways) have been observed to orient In summary, this negligible impact Dock Replacement Project, as outlined towards and sometimes move towards analysis is founded on the following previously, have the potential to injure, the sound. The pile driving and factors: (1) The possibility of serious disturb or displace marine mammals. extraction activities analyzed here are injury or mortality to authorized species Specifically, Level A harassment similar to, or less impactful than, may reasonably be considered discountable; (2) the likelihood that PTS (injury) in the form of PTS may occur numerous construction activities could occur in a limited number of to a limited numbers of three marine conducted in similar locations in animals is low, but acknowledged; (3) mammal species while a total of nine Alaska, which have taken place with no the anticipated incidences of Level B species could experience Level B reported serious injuries or mortality to harassment consist of, at worst, harassment (behavioral disturbance). marine mammals, and no known long- temporary modifications in behavior or Potential takes could occur if term adverse consequences from potential TTS; (4) the limited temporal individuals of these species are present behavioral harassment. Repeated exposures of individuals to levels of and spatial impacts on marine mammals in Level A or Level B ensonified zones sound that may cause Level B or their habitat; (5) the absence of any when pile driving or removal is under harassment are unlikely to result in major haul outs or rookeries near the way. hearing impairment or to significantly project area; and (6) the presumed No mortality is anticipated to result disrupt foraging behavior. Thus, even efficacy of the planned mitigation from this activity. Limited take of three repeated Level B harassment of some measures in reducing the effects of the species of marine mammal by Level A small subset of the overall stock is specified activity to the level of effecting harassment (injury) is authorized due to unlikely to result in any significant the least practicable impact upon the potential auditory injury (PTS) that realized decrease in fitness for the affected species. In combination, we cannot reasonably be prevented through affected individuals, and would not believe that these factors, as well as the mitigation. The marine mammals result in any adverse impact to the stock available body of evidence from other authorized for Level A take (27 harbor as a whole. similar activities, demonstrate that the seals, 16 harbor porpoises, and 2 ADOT&PF’s proposed activities are potential effects of the specified activity humpback whales) are estimated to localized and of relatively short will have only short-term effects on experience PTS if they remain within duration. The entire project area is individuals. The specified activity is not the outer limits of a Level A harassment limited to the Sand Point dock area and expected to impact rates of recruitment zone during the entire time that impact its immediate surroundings. or survival and will therefore not result pile driving would occur during a single Specifically, the use of impact driving in population-level impacts. day. Marine mammal species, however, will be limited to approximately 22 Based on the analysis contained are known to avoid areas where noise hours over the course of up to 40 days herein of the likely effects of the levels are high (Richardson et al.,1995). of construction. Total vibratory pile specified activity on marine mammals Animals would likely move away from driving time is estimated at and their habitat, and taking into the sound source and exit the Level A approximately 85 hours over the same consideration the implementation of the zone. Because of the proximity to the period. While impact driving does have planned monitoring and mitigation source in which the animals would have the potential to cause injury to marine measures, NMFS preliminarily finds to approach, and the longer time in mammals, mitigation in the form of a that the total marine mammal take from which they would need to remain in a 100 m shutdown zone should limit ADOT&PF’s Sand Point City Dock farther proximity from the sound source exposure to potentially injurious sound. Replacement Project will have a within a Level A zone, we believe the The project is not expected to have negligible impact on all affected marine likelihood of marine mammals significant adverse effects on marine mammal species or stocks. experiencing PTS is low but mammal habitat. No important marine acknowledge it could occur. Although mammal reproductive areas, such as Small Numbers NMFS is authorizing limited take by rookeries, are known to exist within the As noted above, only small numbers PTS, the anticipated takes reflect the ensonified areas. The proposed project of incidental take may be authorized onset of PTS, which would be relatively is located within the aquatic zones (i.e., under Section 101(a)(5)(D) of the MMPA mild, rather than severe PTS which designated critical habitat) of two major for specified activities other than would be expected to have more impact Steller sea lion haul outs, and the Level military readiness activities. The MMPA on an animal’s overall fitness. B underwater harassment zone does not define small numbers and so, VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31426 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices in practice, NMFS compares the number Level A and Level B harassment for the populations even if each estimated of individuals taken to the most proposed work at the Sand Point Dock taking occurred to a new individual—an appropriate estimation of the relevant Replacement Project. Our analysis extremely unlikely scenario. For species or stock size in our shows that between <0.01 percent and pinnipeds, especially Steller sea lions, determination of whether an 3.07 percent of the populations of occurring in the vicinity of the project authorization is limited to small affected stocks could be taken by site, there will almost certainly be some numbers of marine mammals. harassment. Therefore, the numbers of overlap in individuals present day-to- Table 11 presents the number of animals authorized to be taken for all day, and these takes are likely to occur animals that could be exposed to species would be considered small only within some small portion of the received noise levels that could cause relative to the relevant stocks or overall regional stock. TABLE 11—SUMMARY OF THE ESTIMATED NUMBERS OF MARINE MAMMALS POTENTIALLY EXPOSED TO LEVEL A AND LEVEL B HARASSMENT NOISE LEVELS Estimated Estimated number of number of Percent of individuals individuals population potentially potentially DPS/stock exposed to Species (DPS/stock) exposed to the exposed to the abundance Level A or Level A Level B (DPS/stock) Level B harassment harassment thresholds threshold threshold Steller sea lion (wDPS) ...... 0 960 50,983 ...... 1.88. Harbor seal (Cook Inlet/Shelikof Strait) ...... 27 53 27,386 ...... 0.29. Harbor porpoise (Gulf of Alaska) ...... 16 33 31,046 ...... 0.16. Dall’s porpoise (Alaska) ...... 0 4 83,400 ...... <0.01. Killer whale (Gulf of Alaska, Aleutian Islands, and 0 18 587 (transient)...... 3.07 (transient). Bering Sea transient or Alaska resident). 2,347 (resident) ...... 0.76 (resident). Humpback whale 1 (Central North Pacific) ...... 2 30 10,103 ...... 0.32. Fin whale (Northeast Pacific) ...... 0 6 1,368 2 ...... 0.44. Gray whale (Eastern North Pacific) ...... 0 2 20,990 ...... <0.01. Minke whale (Alaska) ...... 0 3 2,020 3 ...... <0.01. Total ...... 66 590 N/A ...... N/A. 1 The Hawaii DPS is estimated to account for approximately 89 percent of all humpback whales in the Gulf of Alaska, whereas the Mexico and Western North Pacific DPSs account for approximately 10.5 percent and 0.5 percent, respectively (Wade et al. 2016; NMFS 2016). Therefore, an estimated 28 animals from Hawaii DPS; 3 from Mexico DPS: And 1 from Western North Pacific DPS. 2 Based on 2010 survey of animals north and west of Kenai Peninsula in U.S. waters and is likely an underestimate (Muto et al. 2016b). 3 Based on 2010 survey on Eastern Bering Sea shelf. Considered provisional and not representative of abundance of entire stock (Muto et al. 2016a). N/A: Not Applicable. Based on the analysis contained species or stocks for taking for associated with the reconstruction of the herein of the proposed activity subsistence purposes. city dock in Sand Point, Alaska provided the previously mentioned (including the proposed mitigation and Endangered Species Act (ESA) monitoring measures) and the mitigation, monitoring, and reporting anticipated take of marine mammals, Issuance of an MMPA authorization requirements are incorporated. This NMFS preliminarily finds that small requires compliance with the ESA. section contains a draft of the IHA itself. numbers of marine mammals will be There are DPSs of two marine mammal The wording contained in this section is taken relative to the population size of species that are listed as endangered proposed for inclusion in the IHA (if the affected species or stocks. under the ESA with confirmed or issued). possible occurrence in the study area: 1. This Authorization is valid from Unmitigable Adverse Impact Analysis The WNP DPS and Mexico DPS of August 1, 2018, through July 31, 2019. and Determination humpback whale and the western DPS 2. This Authorization is valid only for of Steller sea lion. NMFS will initiate activities associated with in-water There are no relevant subsistence uses formal consultation under Section 7 of construction work at the Sand Point of the affected marine mammal stocks or the ESA with NMFS Alaska Regional City Dock Replacement Project in Sand species implicated by this action. The Office. NMFS will issue a Biological Point, Alaska. proposed project is not known to occur Opinion that will analyze the effects to 3. General Conditions in a subsistence hunting area. It is a ESA listed species as well as critical (a) A copy of this IHA must be in the developed area with regular marine habitat. The ESA consultation will possession of ADOT&PF, its designees, vessel traffic. Additionally, ADOT&PF conclude prior to reaching a and work crew personnel operating has spoken with local officials about determination regarding the proposed under the authority of this IHA. concerns regarding impacts to issuance of the authorization. (b) The species and number of subsistence uses and none were Proposed Authorization animals authorized for taking by Level expressed. Therefore, NMFS has A and Level B harassment are shown in preliminarily determined that the total As a result of these preliminary Table 11 and include: Harbor seal taking of affected species or stocks determinations, NMFS proposes to issue (Phoca vitulina), Steller sea lion would not have an unmitigable adverse an IHA to ADOT&PF for conducting pile (Eumetopias jubatus), harbor porpoise impact on the availability of such driving and extraction activities (Phocoena phocoena), Dall’s porpoise VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices 31427 (Phocoenoides dalli), killer whale Level A zone, then the Level A radius (d) Monitoring location(s) shall be (Orcinus orca), gray whale (Eschrichtius for the next pile shall be decreased to identified with the following robustus), humpback whale (Megaptera the next largest Level A radius. This characteristics: novaeangliae), fin whale (Balaenoptera pattern shall continue unless an animal (i) Unobstructed view of pile being physalus) and minke whale is observed within the most recent driven; (Balaenoptera acutorostrata). shutdown zone radius, at which that (ii) Unobstructed view of all water (c) ADOT&PF shall conduct briefings specific shutdown radius shall remain within the Level A (if applicable) and between construction supervisors and in effect for the rest of the workday. Level B harassment zones for pile being crews and the marine mammal (ii) If piles of varying sizes are driven. monitoring team prior to the start of all installed in a single day, the radius of (f) If waters exceed a sea-state which pile driving activity. the Level A zone shall default to the restricts the observers’ ability to make (d) For in-water heavy machinery isopleth for the largest pile being driven observations within the marine mammal work other than pile driving (e.g., on that workday. shutdown zone of 100 m (e.g., excessive standard barges, tug boats, barge- (b) ADOT&PF shall establish Level B wind or fog), pile installation and mounted excavators), if a marine harassment zones for impact and removal shall cease. Pile driving shall mammal comes within 10 m, operations vibratory driving as shown in Table 10. not be initiated until the entire shall cease and vessels shall reduce (c) Soft Start. shutdown zone is visible. speed to the minimum level required to (i) When there has been downtime of (g) If a marine mammal authorized for maintain steerage and safe working 30 minutes or more without impact pile Level A take is present within the Level conditions. driving, the contractor shall initiate the A harassment zone, a Level A take (e) In-water construction work shall driving with ramp-up procedures would be recorded. If Level A take occur only during daylight hours. described below. reaches the authorized limit, then pile 4. Prohibitions (ii) Soft start for impact hammers installation would be stopped as these (a) The taking, by incidental requires contractors to provide an initial species approach the Level A harassment only, is limited to the set of strikes from the impact hammer harassment area to avoid additional take species listed under condition 3(b) at 40 percent energy, followed by no of these species. (h) If a marine mammal authorized for above and by the numbers listed in less than a 30-second waiting period. Level B take is present in the Level B Table 11 of this notice. The taking by This procedure shall be conducted a harassment zone, pile driving activities death of these species or the taking by total of three times before impact pile or soft-start may begin and a Level B harassment, injury or death of any other driving begins. take would be recorded. If Level B take species of marine mammal is prohibited (d) Pre-Activity Monitoring. reaches the authorized limit, then pile and may result in the modification, (i) Prior to the start of daily in-water installation would be stopped as these suspension, or revocation of this construction activity, or whenever a species approach to avoid additional Authorization. break in pile driving of 30 minutes or 5. Mitigation Measures take of these species. longer occurs, the observer(s) shall The holder of this Authorization is (i) Marine mammal location shall be observe the shutdown and monitoring required to implement the following determined using a rangefinder and a zones for a period of 30 minutes. mitigation measures. GPS or compass. (a) Shutdown Measures. (ii) The shutdown zone shall be (j) Ongoing in-water pile installation (i) ADOT&PF shall implement cleared when a marine mammal has not may be continued during periods when shutdown measures if a marine mammal been observed within that zone for that conditions such as low light, darkness, is detected within or approaching the 30-minute period. high sea state, fog, ice, rain, glare, or specified 100 m shutdown zone. (iii) If a marine mammal is observed other conditions prevent effective (ii) Shutdown shall occur if low- within the shutdown zone, a soft-start marine mammal monitoring of the frequency cetaceans (i.e. fin whale, gray can proceed if the animal is observed entire Level B harassment zone. MMOs whale, minke whale), mid-frequency leaving the zone or has not been would continue to monitor the visible cetaceans (i.e. killer whale), or high- observed for 30 minutes (for cetaceans) portion of the Level B harassment zone frequency cetaceans (Dall’s porpoise) or 15 minutes (for pinnipeds), even if throughout the duration of driving approach relevant Level A take visibility of Level B zone is impaired. activities. isopleths since Level A take of these (iv) If the Level B zone is not visible (k) Post-construction monitoring shall species is not authorized. while work continues, exposures shall be conducted for 30 minutes beyond the (ii) ADOT&PF shall implement be recorded at the estimated exposure cessation of pile driving at end of day. shutdown measures if the number of rate for each permitted species. 7. Reporting any allotted marine mammal takes (e) Pile caps shall be used during all The holder of this Authorization is reaches the limit under the IHA and if impact driving. required to: such marine mammals are sighted 6. Monitoring (a) Submit a draft report on all within the vicinity of the project area (a) Monitoring shall be conducted by monitoring conducted under the IHA and are approaching their respective qualified marine mammal observers within ninety calendar days of the Level A or Level B harassment zone. (MMOs), with minimum qualifications completion of marine mammal and (b) ADOT&PF shall establish Level A as described previously in the acoustic monitoring. This report shall harassment zones as shown in Table 9. Monitoring and Reporting section. detail the monitoring protocol, (i) For impact pile driving, the Level (b) Two observers shall be on site and summarize the data recorded during A harassment zone defaults to the actively observing the shutdown and monitoring, and estimate the number of isopleth corresponding to the number of disturbance zones during all pile marine mammals that may have been piles planned for installation on a given driving and extraction activities. harassed, including the total number day as shown in Table 9. (c) Observers shall use their naked eye extrapolated from observed animals (ii) After the first pile is driven, if no with the aid of binoculars, big-eye across the entirety of relevant marine mammals have been observed binoculars and a spotting scope during monitoring zones. A final report shall be within the radius of the corresponding all pile driving and extraction activities. prepared and submitted within thirty VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4703 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 31428 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices days following resolution of comments 1. Time, date, and location (latitude/ mammal, and the lead observer on the draft report from NMFS. This longitude) of the incident; determines that the injury or death is report must contain the following: 2. Name and type of vessel involved; not associated with or related to the (i) Date and time that monitored 3. Vessel’s speed during and leading activities authorized in the IHA (e.g., activity begins or ends; up to the incident; previously wounded animal, carcass (ii) Construction activities occurring 4. Description of the incident; with moderate to advanced during each observation period; 5. Water depth; decomposition, or scavenger damage), 6. Environmental conditions (e.g., (iii) Record of implementation of ADOT&PF shall report the incident to wind speed and direction, Beaufort sea shutdowns, including the distance of the Office of Protected Resources, animals to the pile and description of state, cloud cover, and visibility); 7. Description of all marine mammal NMFS, and the Alaska Regional specific actions that ensued and observations and active sound source Stranding Coordinator, NMFS, within resulting behavior of the animal, if any; use in the 24 hours preceding the 24 hours of the discovery. ADOT&PF (iv) Weather parameters (e.g., percent incident; shall provide photographs or video cover, visibility); 8. Species identification or footage or other documentation of the (v) Water conditions (e.g., sea state, description of the animal(s) involved; stranded animal sighting to NMFS. tide state); 9. Fate of the animal(s); and 7. This Authorization may be (vi) Species, numbers, and, if 10. Photographs or video footage of possible, sex and age class of marine modified, suspended or withdrawn if the animal(s). the holder fails to abide by the mammals; ADOT&PF may not resume their (vii) Description of any observable conditions prescribed herein, or if activities until notified by NMFS. NMFS determines the authorized taking marine mammal behavior patterns, (ii) In the event that ADOT&PF is having more than a negligible impact (viii) Distance from pile driving discovers an injured or dead marine on the species or stock of affected activities to marine mammals and mammal, and the lead observer distance from the marine mammals to determines that the cause of the injury marine mammals. the observation point; or death is unknown and the death is Request for Public Comments (ix) Locations of all marine mammal relatively recent (e.g., in less than a observations; and moderate state of decomposition), We request comment on our analyses, (x) Other human activity in the area. ADOT&PF shall immediately report the the draft authorization, and any other (b) Reporting injured or dead marine incident to the Office of Protected aspect of this Notice of Proposed IHA mammals: Resources, NMFS, and the Alaska for ADOT&PF’s Sand Point City Dock (i) In the unanticipated event that the Regional Stranding Coordinator, NMFS. Replacement Project. Please include specified activity clearly causes the take The report must include the same with your comments any supporting of a marine mammal in a manner information identified in 6(b)(i) of this data or literature citations to help prohibited by this IHA, such as an IHA. Activities may continue while inform our final decision on the request injury (Level A harassment), serious NMFS reviews the circumstances of the for MMPA authorization. injury, or mortality, ADOT&PF shall incident. NMFS shall work with Dated: June 30, 2017. immediately cease the specified ADOT&PF to determine whether activities and report the incident to the additional mitigation measures or Donna S. Wieting, Office of Protected Resources, NMFS, modifications to the activities are Director, Office of Protected Resources, and the Alaska Regional Stranding appropriate. National Marine Fisheries Service. Coordinator, NMFS. The report must (iii) In the event that ADOT&PF [FR Doc. 2017–14157 Filed 7–5–17; 8:45 am] include the following information: discovers an injured or dead marine BILLING CODE 3510–22–P VerDate Sep<11>2014 18:41 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4701 Sfmt 9990 E:\FR\FM\06JYN2.SGM 06JYN2 sradovich on DSK3GMQ082PROD with NOTICES2 i Reader Aids Federal Register Vol. 82, No. 128 Thursday, July 6, 2017 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY 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. 3 CFR Proposed Rules: Presidential Documents 2509...... 31278 Executive orders and proclamations 741–6000 Administrative Orders: 2510...... 31278 The United States Government Manual 741–6000 Memorandums: 2550...... 31278 Memorandum of June Other Services 29, 2017 ...... 31237 32 CFR Electronic and on-line services (voice) 741–6020 Memorandum of June Privacy Act Compilation 741–6050 29, 2017 ...... 31239 706...... 30967 Public Laws Update Service (numbers, dates, etc.) 741–6043 7 CFR 33 CFR 205...... 31241 117 ...... 30735, 30736, 30968, ELECTRONIC RESEARCH 956...... 31244 31253, 31254, 31255 World Wide Web 9 CFR 165 ...... 30736, 30739, 30741, 30743, 30745, 30969, 30971, 557...... 30721 Full text of the daily Federal Register, CFR and other publications 30973, 31255, 31257, 31260 is located at: www.fdsys.gov. 10 CFR Proposed Rules: Federal Register information and research tools, including Public 1703...... 30722 117...... 31036 Inspection List, indexes, and Code of Federal Regulations are located at: www.ofr.gov. 12 CFR 34 CFR 1024...... 30947 668...... 30975 E-mail 1026...... 30947 FEDREGTOC (Daily Federal Register Table of Contents Electronic 1101...... 30724 40 CFR Proposed Rules: Mailing List) is an open e-mail service that provides subscribers 52 ...... 30747, 30749, 30758, 704...... 30774 with a digital form of the Federal Register Table of Contents. 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