Vol. 82 Friday, No. 120 June 23, 2017

Pages 28549–28746

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 120

Friday, June 23, 2017

Agency for International Development Energy Department PROPOSED RULES See Federal Energy Regulatory Commission Acquisition Regulations: Agency Warrant Program for Individual Cooperating Country National Personal Services Contractors, Environmental Protection Agency 28617 RULES Air Quality State Implementation Plans; Approvals and Agricultural Marketing Service Promulgations: RULES California Air Plan Revisions, Western Mojave Desert, Decreased Assessment Rates: Rate of Progress Demonstration, 28560–28561 Irish Potatoes Grown in Certain Designated Counties in Correction to Incorporations by Reference, 28561–28562 Idaho, and Malheur County, OR, 28550–28552 National Emission Standards for Hazardous Air Pollutants PROPOSED RULES From the Portland Cement Manufacturing Industry: Marketing Orders: Alternative Monitoring Method, 28562–28565 Grapes Grown in a Designated Area of Southeastern PROPOSED RULES California and Imported Table Grapes; Removing Varietal Exemptions, 28589–28592 Air Quality State Implementation Plans; Approvals and Promulgations: Agriculture Department Maine; New Motor Vehicle Emission Standards, 28611– See Agricultural Marketing Service 28614 See Natural Resources Conservation Service Maryland; Permits, Approvals, and Registrations, 28614– NOTICES 28616 Agency Information Collection Activities; Proposals, Missouri; Air Quality Implementation Plans; Submissions, and Approvals, 28618–28619 Determination of Attainment for the 2010 1-hour Meetings: Primary Sulfur Dioxide National Ambient Air Council for Native American Farming and Ranching, Quality Standard; Jefferson County Nonattainment 28618 Area, 28605–28611 National Emission Standards for Hazardous Air Pollutants Children and Families Administration From the Portland Cement Manufacturing Industry: NOTICES Alternative Monitoring Method, 28616–28617 Single-Source Grants: NOTICES Office of Refugee Resettlement’s Unaccompanied Alien Children’s Program, 28659–28660 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Civil Rights Commission General Administrative Requirements for Assistance NOTICES Programs, 28653–28654 Meetings: National Estuary Program, 28657 Kansas Advisory Committee, 28620–28621 NESHAP for Polyether Polyols Production, 28655–28656 Meetings; Sunshine Act, 28621 New Source Performance Standards for Kraft Pulp Mills, 28654–28655 Coast Guard Requirements for Certified Applicators Using 1080 RULES Collars for Livestock Protection, 28656–28657 Drawbridge Operations: Environmental Impact Statements; Availability, 28656 Thames River, New London, CT, 28552–28553 Safety Zones: Annual Fireworks Displays Within the Sector Columbia Federal Aviation Administration River Captain of the Port Zone, 28556–28559 PROPOSED RULES Delaware River; Dredging, 28553–28556 Airworthiness Directives: Airbus Airplanes, 28596–28603 Commerce Department British Aerospace Regional Aircraft Airplanes, 28592– See First Responder Network Authority 28594 See Foreign-Trade Zones Board Diamond Aircraft Industries GmbH Airplanes, 28594– See International Trade Administration See National Oceanic and Atmospheric Administration 28596 See National Telecommunications and Information Class D and E Airspace; Amendments: Administration Redmond, OR, 28603–28605 See Patent and Trademark Office NOTICES Land Release Requests: Drug Enforcement Administration Elkins, Randolph County Regional Airport, Elkins, WV, NOTICES 28732 Decisions and Orders: Peter F. Kelly, D.P.M., 28676–28692

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Federal Bureau of Investigation First Responder Network Authority NOTICES NOTICES Agency Information Collection Activities; Proposals, Revised National Environmental Policy Act Procedures and Submissions, and Approvals: Categorical Exclusions, 28621–28627 FBI National Academy—End-of-Session Student Course Questionnaire; General Remarks Questionnaire, Fish and Wildlife Service 28692–28693 RULES Endangered and Threatened Species: Establishment of a Nonessential Experimental Population Federal Communications Commission of the Oregon Silverspot Butterfly in Northwestern RULES Oregon, 28567–28582 Structure and Practices of the Video Relay Services Removal of the Hualapai Mexican Vole from the Federal Program, 28566–28567 List, 28582–28588 NOTICES Agency Information Collection Activities; Proposals, Food and Drug Administration Submissions, and Approvals, 28657–28658 NOTICES Radio Broadcasting Services: Docket Establishments: AM or FM Proposals To Change the Community of Developing Continuous Manufacturing of Solid Dosage License, 28658–28659 Drug Products in Pharmaceutical Manufacturing, 28664–28665 Federal Election Commission Meetings: NOTICES Patient-Focused Drug Development for Alopecia Areata, Meetings; Sunshine Act, 28659 28665–28667 Requests for Nominations: Device Good Manufacturing Practice Advisory Committee Federal Emergency Management Agency and the Medical Devices Advisory Committee; Voting RULES Members, 28661–28664 Suspension of Community Eligibility, 28565–28566 Foreign-Trade Zones Board Federal Energy Regulatory Commission NOTICES NOTICES Production Authority; Applications: Applications: Gildan Yarns, LLC, Foreign-Trade Zone 57, Mecklenburg Algonquin Northern Maine Generating Company, 28646– County, NC, 28628–28629 28648 Proposed Production Activities: Applications; Amendments: DNP Imagingcomm America Corp., Foreign-Trade Zone Rover Pipeline, LLC, 28648–28649 57, Charlotte, NC, 28627–28628 Combined Filings, 28649–28652 Subzone Expansions; Applications: Complaints: Mitsubishi Chemical Carbon Fiber and Composites, Inc., Tesoro Refining and Marketing Company LLC v. Frontier Foreign-Trade Zone 143, Sacramento, CA, 28628 Aspen LLC, 28648 Environmental Reviews: Health and Human Services Department Southern Natural Gas Company, LLC; Fairburn Expansion See Children and Families Administration Project, 28652–28653 See Food and Drug Administration Filings See Health Resources and Services Administration City of Dover, DE, 28646 See National Institutes of Health Initial Market-Based Rate Filings Including Requests for NOTICES Blanket Section 204 Authorizations: Meetings: CXA Sundevil Holdco, Inc., 28651 Advisory Committee on Minority Health, 28670 Health Resources and Services Administration Federal Highway Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Federal Agency Actions: Submissions, and Approvals: Hampton Roads Crossing Study in the Cities of Hampton Federal Tort Claims Act Program Deeming Applications and Norfolk, VA, 28732–28733 for Free Clinics, 28667–28668 Washington; Proposed Highway, 28733–28734 Federal Tort Claims Act Program Deeming Applications for Health Center Volunteer Health Professionals, Federal Motor Carrier Safety Administration 28669–28670 NOTICES Federal Tort Claims Act Program Deeming Applications Qualification of Drivers; Exemption Applications: for Health Centers, 28668–28669 Vision, 28734–28736 Homeland Security Department See Coast Guard Federal Reserve System See Federal Emergency Management Agency NOTICES Formations of, Acquisitions by, and Mergers of Bank Housing and Urban Development Department Holding Companies, 28659 NOTICES Formations of, Acquisitions by, and Mergers of Savings and Funding Awards: Loan Holding Companies, 28659 Housing Trust Fund, 28674–28675

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Interior Department National Institute of Mental Health, 28671 See Fish and Wildlife Service National Institute on Alcohol Abuse and Alcoholism, See Land Management Bureau 28671–28672 See National Park Service National Institute on Drug Abuse, 28673–28674

International Trade Administration National Oceanic and Atmospheric Administration NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Environmental Impact Statements; Availability, etc.: or Reviews: Restoration Plan to Compensate for Injuries to Natural Certain Cold-Drawn Mechanical Tubing of Carbon and Resources in Portland Harbor, OR, 28643–28644 Alloy Steel From India and the People’s Republic of Exempted Fishing Permits: China, 28641–28642 Atlantic Coastal Fisheries Cooperative Management Act Certain Hardwood Plywood Products From the People’s Provisions; General Provisions for Domestic Republic of China, 28629–28639 Fisheries, 28642 Certain Stainless Steel Wire Rod From India, 28640– Meetings: 28641 Caribbean Fishery Management Council, 28645 Drawn Stainless Steel Sinks From the People’s Republic Mid-Atlantic Fishery Management Council, 28643 of China, 28639–28640 Ocean Exploration Advisory Board, 28644–28645

Justice Department National Park Service See Drug Enforcement Administration NOTICES See Federal Bureau of Investigation Boundary Adjustments: NOTICES Delaware Water Gap National Recreation Area, 28676 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Telecommunications and Information Generic Clearance for Cognitive, Pilot, and Field Studies Administration for Office of Juvenile Justice and Delinquency Prevention Data Collection Activities, 28695–28696 NOTICES Privacy Act; Systems of Records, 28693–28695 Revised National Environmental Policy Act Procedures and Categorical Exclusions, 28621–28627 Labor Department See Workers Compensation Programs Office Natural Resources Conservation Service NOTICES Land Management Bureau National Handbook of Conservation Practices for the NOTICES Natural Resources Conservation Service; Proposed Agency Information Collection Activities; Proposals, Changes, 28619–28620 Submissions, and Approvals: Mineral Materials Disposal, 28675–28676 Patent and Trademark Office National Drug Control Policy Office NOTICES NOTICES Cancer Immunotherapy Pilot Program, 28645–28646 Meetings: Postal Service President’s Commission on Combating Drug Addiction RULES and the Opioid Crisis; Public Teleconference; Domestic Mail Manual, 28559–28560 Cancellation, 28697 National Endowment for the Arts Presidential Documents ADMINISTRATIVE ORDERS NOTICES Agency Information Collection Activities; Proposals, North Korea; Continuation of National Emergency (Notice Submissions, and Approvals, 28697–28698 of June 21, 2017), 28741–28744 Western Balkans; Continuation of National Emergency National Foundation on the Arts and the Humanities (Notice of June 21, 2017), 28745 See National Endowment for the Arts Securities and Exchange Commission National Highway Traffic Safety Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Petitions for Decision of Inconsequential Noncompliance: Submissions, and Approvals, 28701–28702, 28711– Spartan Motors USA, Inc., 28736–28737 28712, 28715–28716, 28724 Petitions for Decisions of Inconsequential Noncompliance: Self-Regulatory Organizations; Proposed Rule Changes: Nissan North America, Inc., 28737–28739 BOX Options Exchange LLC, 28718–28719 Financial Industry Regulatory Authority, Inc., 28724– National Institutes of Health 28726 NOTICES NASDAQ BX, Inc., 28705–28708 Meetings: Nasdaq GEMX, LLC, 28708–28711 National Cancer Institute, 28671 Nasdaq ISE, LLC, 28698–28701 National Institute of Allergy and Infectious Diseases, Nasdaq MRX, LLC, 28702–28705, 28716–28718, 28722– 28674 28724 National Institute of Environmental Health Sciences, NASDAQ PHLX LLC, 28712–28715, 28719–28722 28670, 28672–28673 NYSE MKT, LLC, 28726–28728

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Small Business Administration See Federal Motor Carrier Safety Administration NOTICES See National Highway Traffic Safety Administration 2017 Growth Accelerator Fund Competition, 28729–28730 Major Disaster Declarations: Veterans Affairs Department Kansas, 28728–28729 NOTICES Requests for Nominations: Special Inspector General for Afghanistan Reconstruction Veterans and Community Oversight and Engagement RULES Board, 28739 Freedom of Information Act and Privacy Act Procedures, 28549–28550 Workers Compensation Programs Office NOTICES State Department Charter Renewals: NOTICES Advisory Board on Toxic Substances and Worker Health, Designations as Foreign Terrorist Organizations: 28696–28697 al-Qa’ida in the Arabian Peninsula (and Other Aliases), 28731 Hizballah (and other aliases), 28730 Designations as Global Terrorists: Separate Parts In This Issue al-Qa’ida in the Arabian Peninsula and Other Aliases, 28731 Part II Hizballah (and Other Aliases), 28731 Presidential Documents, 28741–28745

Surface Transportation Board PROPOSED RULES Reader Aids Regulatory Reform Task Force Listening Session, 28617 Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice Discontinuance of Service Exemptions: of recently enacted public laws. Mission Mountain Railroad, LLC, Flathead County, MT, 28731–28732 To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Transportation Department accounts/USGPOOFR/subscriber/new, enter your e-mail See Federal Aviation Administration address, then follow the instructions to join, leave, or See Federal Highway Administration manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Notices: Notice of June 21, 2017 ...... 28743 Notice of June 21, 2017 ...... 28745 5 CFR 9301...... 28549 7 CFR 945...... 28550 Proposed Rules: 925...... 28589 944...... 28589 14 CFR Proposed Rules: 39 (4 documents) ...... 28592, 28594, 28596, 28599 71...... 28603 33 CFR 117...... 28552 165 (2 documents) ...... 28553, 28556 39 CFR 111...... 28559 40 CFR 52...... 28560 60...... 28561 63...... 28562 Proposed Rules: 52 (3 documents) ...... 28605, 28611, 28614 63...... 28616 44 CFR 64...... 28565 47 CFR 64...... 28566 48 CFR Proposed Rules: App. J ...... 28617 701...... 28617 722...... 28617 49 CFR Proposed Rules: Ch. X...... 28617 50 CFR 17 (2 documents) ...... 28567, 28582

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Rules and Regulations Federal Register Vol. 82, No. 120

Friday, June 23, 2017

This section of the FEDERAL REGISTER 114–185). SIGAR published an interim Dated: June 16, 2017. contains regulatory documents having general final rule amending its FOIA regulations John F. Sopko, applicability and legal effect, most of which based on the changes made in the FOIA Inspector General. are keyed to and codified in the Code of Improvements Act of 2016 on January Federal Regulations, which is published under 4th, 2017. List of Subjects in 5 CFR Part 9301 50 titles pursuant to 44 U.S.C. 1510. SIGAR received comments on its Administrative practice and The Code of Federal Regulations is sold by interim final rule from two government procedure, Freedom of information. the Superintendent of Documents. agencies. SIGAR reviewed these Authority and Issuance comments and is making changes to the Accordingly, as stated in the interim final rule based on those SPECIAL INSPECTOR GENERAL FOR preamble, SIGAR is adopting the comments. AFGHANISTAN RECONSTRUCTION interim rule published January 4, 2017, II. The Final Rule at 82 FR 711, as final with the following 5 CFR Part 9301 changes: This final rule amends portions of RIN 3460–AA04 SIGAR’s existing regulation PART 9301—[AMENDED] implementing provisions of the FOIA (5 Freedom of Information Act and ■ 1. The authority citation for part 9301 Privacy Act Procedures U.S.C. 552). The provisions of this amendment shall apply to all continues to read as follows: AGENCY: Special Inspector General for components of SIGAR. The FOIA Authority: 5 U.S.C. 552; Pub. L. 110–175, Afghanistan Reconstruction. provides for the disclosure of agency 121 Stat. 2524 (2007); 5 U.S.C. 301 and 552; ACTION: Final rule. records and information to the public, Exec. Order 12600, 52 FR 23781, 3 CFR, 1987 unless that information is exempted Comp., p. 235; Exec. Order No. 13392, 70 FR SUMMARY: The Special Inspector General under delineated statutory exemptions 75373–75377, 3 CFR, 2006 Comp., pp. 216– 200. for Afghanistan Reconstruction (SIGAR) under the FOIA. The procedures published an interim final rule enacting established here are intended to ensure ■ 2. In § 9301.6, paragraphs (c)(1)(ii) and changes to its Freedom of Information that SIGAR fully satisfies its (d)(3) are revised to read as follows: Act regulation to comply with the FOIA responsibility to the public to disclose § 9301.6 Requesting records. Improvement Act of 2016 on January agency information, but continues to 4th, 2017. SIGAR is now adopting those safeguard sensitive information * * * * * (c) * * * amendments as final with changes. properly. (1) * * * DATES: This final rule is effective July Procedural Requirements (ii) Adverse determinations. If the 24, 2017. FOIA Officer denies the request, in full FOR FURTHER INFORMATION CONTACT: This Final Rule amends SIGAR’s or part, or applies exemptions to William Gaertner, Associate General regulations implementing the FOIA to withhold requested documents, the Counsel, Special Inspector General for facilitate the interaction of the public FOIA Officer shall provide the requester Afghanistan Reconstruction, 2530 with SIGAR. SIGAR’s policy of written notice of the adverse Crystal Drive, Arlington, VA 22202, disclosure follows the Presidential determination together with the (703) 545–5994. Memorandum of January 21, 2009, approximate number of pages of SUPPLEMENTARY INFORMATION: On ‘‘Transparency and Open Government,’’ information withheld and the January 28, 2008, the President signed 74 FR 4685, and the Attorney General’s exemption under which the information into law the National Defense March 19, 2009 FOIA policy guidance, was withheld. SIGAR will indicate, if Authorization Act for Fiscal Year 2008 advising Federal agencies to apply a technically feasible, the amount of (Pub. L. 110–181), which created SIGAR presumption of disclosure in FOIA information deleted and the exemption to conduct independent and objective decision making. This Final Rule under which the deletion is made at the audits, investigations and analysis to incorporates portions the FOIA place in the record where the deletion promote economy and efficiency, and to Improvement Act of 2016, signed into was made. SIGAR will also indicate the detect and deter waste, fraud, and abuse law by the President on June 30, 2016. exemption under which a deletion is in the reconstruction of Afghanistan. This amendment maintains SIGAR’s made on the released portion of the The Freedom of Information Act (FOIA), compliance with the FOIA and those record, unless including that indication as amended, provides for access by the amendments to the FOIA adopted in the would harm an interest protected by the public to records of executive branch FOIA Improvement Act of 2016. exemptions. The notice shall also agencies, subject to certain restrictions Finally, notice of proposed describe the procedure for filing an and exemptions. In order to establish rulemaking is not required, because the appeal. SIGAR will further notify the procedures to facilitate public provisions of the Regulatory Flexibility requester of their right to seek assistance interaction with SIGAR, the agency Act (5 U.S.C. Chapter 6) do not apply. from SIGAR’s FOIA Public Liaison or published 5 CFR part 9301 setting forth It has been determined that this dispute resolution services from the SIGAR’s regulations governing the rulemaking is not a significant FOIA Public Liaison or the Office of access provisions of those statutes and regulatory action for the purposes of Government Information Services in the Executive Order 12958. On June 30, Executive Order 12866. Accordingly, a case of an adverse determination. 2016 the President signed into law the regulatory impact analysis is not * * * * * FOIA Improvement Act of 2016 (Pub. L. required. (d) * * *

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(3) Dispute Resolution. A response to DEPARTMENT OF AGRICULTURE of 1937, as amended (7 U.S.C. 601–674), an appeal will advise the requester that hereinafter referred to as the ‘‘Act.’’ the 2007 FOIA amendments created the Agricultural Marketing Service The Department of Agriculture Office of Government Information (USDA) is issuing this final rule in Services (OGIS) to offer dispute 7 CFR Part 945 conformance with Executive Orders resolution services to resolve disputes 12866, 13771, 13563, and 13175. [Doc. No. AMS–SC–16–0111; SC17–945–1 This action falls within a category of between FOIA requesters and Federal FR] regulatory actions that the Office of agencies as a nonexclusive alternative to Management and Budget (OMB) litigation. Dispute resolution is a Irish Potatoes Grown in Certain Designated Counties in Idaho, and exempted from Executive Order 12866 voluntary process. A requester may review. Additionally, because this rule contact OGIS in any of the following Malheur County, Oregon; Decreased Assessment Rate does not meet the definition of a ways: Office of Government Information significant regulatory action it does not Services, National Archives and Records AGENCY: Agricultural Marketing Service, trigger the requirements contained in Administration, 8601 Adelphi Road, USDA. Executive Order 13771. See OMB’s College Park, MD 20740; Email: ogis@ ACTION: Final rule. Memorandum titled ‘‘Interim Guidance nara.gov; Telephone: 202–741–5770; Implementing Section 2 of the Executive Facsimile: 202–741–5769; Toll-free: 1– SUMMARY: This rule implements a Order of January 30, 2017 titled 877–684–6448. recommendation from the Idaho-Eastern ‘Reducing Regulation and Controlling Oregon Potato Committee (Committee) Regulatory Costs’ ’’ (February 2, 2017). ■ 3. In § 9301.8, paragraph (f)(3) is to decrease the assessment rate This final rule has been reviewed revised to read as follows: established for the 2017–2018 and under Executive Order 12988, Civil subsequent fiscal periods from $0.0025 Justice Reform. Under the marketing § 9301.8 Fees in general. to $0.002 per hundredweight of potatoes order now in effect, Idaho-Eastern * * * * * handled. The Committee locally Oregon potato handlers are subject to (f) * * * administers the marketing order which assessments. Funds to administer the order are derived from such (3) SIGAR determines that unusual regulates the handling of potatoes grown in certain designated counties in Idaho, assessments. It is intended that the circumstances apply to the processing of and Malheur County, Oregon. assessment rate as established herein a request, provides timely notice to the Assessments upon potato handlers are will be applicable to all assessable requester, and delay is excused for an used by the Committee to fund potatoes beginning August 1, 2017, and additional ten days, but SIGAR still fails reasonable and necessary expenses of continue until amended, suspended, or to respond within the timeframe the program. The fiscal period begins terminated. established by the additional delay. This August 1 and ends July 31. The The Act provides that administrative provision applies only to search fees or assessment rate will remain in effect proceedings must be exhausted before duplication fees for educational indefinitely unless modified, parties may file suit in court. Under institution, non-commercial scientific suspended, or terminated. section 608c(15)(A) of the Act, any handler subject to an order may file institution, or representative of the news DATES: Effective August 1, 2017. media requesters. However, the with USDA a petition stating that the FOR FURTHER INFORMATION CONTACT: following exceptions shall apply: order, any provision of the order, or any Barry Broadbent, Senior Marketing obligation imposed in connection with (i) Notwithstanding § 9301.8(f)(3), if Specialist, or Gary D. Olson, Regional the order is not in accordance with law SIGAR determines that unusual Director, Northwest Marketing Field and request a modification of the order circumstances apply and that more than Office, Marketing Order and Agreement or to be exempted therefrom. Such 5000 pages are necessary to respond to Division, Specialty Crops Program, handler is afforded the opportunity for the request, SIGAR may continue to AMS, USDA; Telephone: (503) 326– a hearing on the petition. After the charge search fees, or duplication fees 2724, Fax: (503) 326–7440, or Email: hearing, USDA would rule on the for requesters in preferred status, for as [email protected] or petition. The Act provides that the long as necessary, after timely written [email protected]. district court of the United States in any notice has been made to the requester Small businesses may request district in which the handler is an and SIGAR has discussed with the information on complying with this inhabitant, or has his or her principal requester how the requester could regulation by contacting Richard Lower, place of business, has jurisdiction to effectively limit the scope of the request Marketing Order and Agreement review USDA’s ruling on the petition, via written mail, electronic mail, or Division, Specialty Crops Program, provided an action is filed not later than telephone, or made three good-faith AMS, USDA, 1400 Independence 20 days after the date of the entry of the attempts to do so. Avenue SW., STOP 0237, Washington, ruling. DC 20250–0237; Telephone: (202) 720– [FR Doc. 2017–13056 Filed 6–22–17; 8:45 am] This rule decreases the assessment 2491, Fax: (202) 720–8938, or Email: rate established for the Committee for BILLING CODE 3710–L9–P [email protected]. the 2017–2018 and subsequent fiscal SUPPLEMENTARY INFORMATION: This rule periods from $0.0025 to $0.002 per is issued under Marketing Agreement hundredweight of potatoes handled. No. 98 and Order No. 945, both as The Idaho-Eastern Oregon potato amended (7 CFR part 945), regulating marketing order provides authority for the handling of Irish potatoes grown in the Committee, with the approval of certain designated counties in Idaho, USDA, to formulate an annual budget of and Malheur County, Oregon, expenses and collect assessments from hereinafter referred to as the ‘‘order.’’ handlers to cover the expenses of The order is effective under the administering the program. The Agricultural Marketing Agreement Act members of the Committee are

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producers and handlers of Idaho-Eastern 2017) are expected to be reduced to inspected under the order and sold into Oregon potatoes. They are familiar with comply with the maximum permitted by the fresh market. Based on information the Committee’s needs and with the the order of approximately one fiscal provided by the National Agricultural costs for goods and services in their period’s expenses. Statistics Service, the average producer local area and are thus in a position to The assessment rate will continue in price for the 2015 Idaho potato crop (the formulate an appropriate budget and effect indefinitely unless modified, most recent full marketing year assessment rate. The assessment rate is suspended, or terminated by USDA recorded) was $7.00 per hundredweight. formulated and discussed in a public upon recommendation and information Multiplying $7.00 by the shipment meeting. Thus, all directly affected submitted by the Committee or other quantity of 33,606,000 hundredweight persons have an opportunity to available information. yields an annual crop revenue estimate participate and provide input. Although this assessment rate will be of $235,242,000. The average annual For the 2014–2015 and subsequent in effect for an indefinite period, the fresh potato revenue for each of the 450 fiscal periods, the Committee Committee will continue to meet prior producers is therefore calculated to be recommended, and USDA approved, an to or during each fiscal period to $522,760 ($235,242,000 divided by 450), assessment rate of $0.0025 per recommend a budget of expenses and which is less than the Small Business hundredweight of potatoes that would consider recommendations for Administration threshold of $750,000. continue in effect from fiscal period to modification of the assessment rate. The Consequently, on average, a majority of fiscal period unless modified, dates and times of Committee meetings the Idaho-Eastern Oregon potato suspended, or terminated by USDA are available from the Committee or producers may be classified as small upon recommendation and information USDA. Committee meetings are open to entities. submitted by the Committee or other the public and interested persons may In addition, based on information information available to USDA. express their views at these meetings. reported by USDA’s Market News The Committee met on November 9, USDA will evaluate Committee Service, the average free-on-board 2016, to consider the Committee’s recommendations and other available (f.o.b.) shipping point price for the 2015 projected 2017–2018 financial information to determine whether Idaho potato crop was $7.47 per requirements, the size of the modification of the assessment rate is hundredweight. Multiplying $7.47 by Committee’s operating reserve, and the needed. Further rulemaking will be the shipment quantity of 33,606,000 order’s continuing assessment rate. The undertaken as necessary. The hundredweight yields an annual crop Committee unanimously recommended Committee’s 2017–2018 budget, and revenue estimate of $251,036,820. The an assessment rate of $0.002 per those for subsequent fiscal periods, will average annual fresh potato revenue for hundredweight of potatoes for the 2017– be reviewed and, as appropriate, each of the 32 handlers is therefore 2018 fiscal period. The assessment rate approved by USDA. calculated to be $7,844,900 of $0.002 is $0.0005 lower than the rate ($251,036,820 divided by 32), which is Final Regulatory Flexibility Analysis currently in effect. The assessment rate slightly more than the Small Business decrease is necessary to reduce the Pursuant to requirements set forth in Administration threshold of $7,500,000. funds held in reserve to less than the Regulatory Flexibility Act (RFA) (5 Given the likelihood that there may be approximately one fiscal period’s U.S.C. 601–612), the Agricultural several large handlers, some of the budgeted expenses, the maximum level Marketing Service (AMS) has Idaho-Eastern Oregon potato handlers allowed by the order. considered the economic impact of this may be classified as small entities. The Committee adopted a budget of rule on small entities. Accordingly, This rule decreases the assessment $119,075 for the 2016–2017 fiscal AMS has prepared this final regulatory rate established for the Committee and period. It expects to recommend a flexibility analysis. collected from handlers for the 2017– similar level of budgeted expenditures The purpose of the RFA is to fit 2018 and subsequent fiscal periods from for the 2017–2018 fiscal period at its regulatory actions to the scale of $0.0025 to $0.002 per hundredweight of next scheduled meeting in June 2017. businesses subject to such actions in potatoes handled. The Committee The Committee expects its budget for order that small businesses will not be unanimously recommended an major expenditures for the 2017–2018 unduly or disproportionately burdened. assessment rate of $0.002 per fiscal period to be close to the budgeted Marketing orders issued pursuant to the hundredweight of potatoes for the 2017– amounts for the 2016–2017 fiscal Act, and the rules issued thereunder, are 2018 fiscal period. The assessment rate period. These expenditures include unique in that they are brought about of $0.002 per hundredweight is $0.0005 $68,638 for administrative expenses, through group action of essentially lower than the rate for the 2016–2017 $35,437 for travel/office expenses, and small entities acting on their own fiscal period. The quantity of assessable $15,000 for marketing order behalf. potatoes for the 2017–2018 fiscal period contingency. There are approximately 450 is estimated at 32 million The assessment rate recommended by producers of potatoes in the production hundredweight. Thus, the $0.002 rate the Committee was derived by dividing area and approximately 32 handlers should provide $64,000 in assessment anticipated expenses by expected subject to regulation under the income. Income derived from handler shipments of Idaho-Eastern Oregon marketing order. Small agricultural assessments, along with other income, potatoes. Potato shipments for 2017– producers are defined by the Small interest earned, and funds from the 2018 are estimated at 32 million Business Administration (13 CFR Committee’s authorized reserve, will be hundredweight which should provide 121.201) as those having annual receipts adequate to cover budgeted expenses. $64,000 in assessment income at the less than $750,000, and small The Committee adopted a budget of proposed assessment rate. Income agricultural service firms are defined as $119,075 for the 2016–2017 fiscal derived from handler assessments, along those whose annual receipts are less period and expects to recommend a with other income, interest earned, and than $7,500,000. similar amount in budgeted funds from the Committee’s authorized During the 2015–2016 fiscal period, expenditures for the 2017–2018 fiscal reserve, will be adequate to cover the most recent full year of statistics period at its next scheduled meeting in budgeted expenses. Funds in the reserve available, 33,606,000 hundredweight of June 2017. The major budgeted (projected to be $158,275 on July 31, Idaho-Eastern Oregon potatoes were expenditures for the 2016–2017 year

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include $68,638 for administrative reduce the burden on producers. In A small business guide on complying expenses, $35,437 for travel/office addition, the Committee’s meeting was with fruit, vegetable, and specialty crop expenses, and $15,000 for marketing widely publicized throughout the Idaho- marketing agreements and orders may order contingency. Budgeted expenses Eastern Oregon potato industry and all be viewed at: http://www.ams.usda.gov/ for these items in 2015–2016 were interested persons were invited to rules-regulations/moa/small-businesses. $64,901, $37,340, and $15,000, attend the meeting and participate in Any questions about the compliance respectively. Committee deliberations on all issues. guide should be sent to Richard Lower The lower assessment rate is Like all Committee meetings, the at the previously mentioned address in necessary to reduce the reserve balance November 9, 2016, meeting was a public the FOR FURTHER INFORMATION CONTACT to less than approximately one fiscal meeting and all entities, both large and section. period’s budgeted expenses. The reserve small, were able to express views on After consideration of all relevant balance on July 31, 2017, is projected to this issue. material presented, including the be $158,275. Assessment income for the In accordance with the Paperwork information and recommendation 2017–2018 fiscal period is estimated at Reduction Act of 1995, (44 U.S.C. submitted by the Committee and other $64,000, while expenses are estimated Chapter 35), the order’s information available information, it is hereby found to be $119,075. The Committee collection requirements have been that this rule, as hereinafter set forth, anticipates compensating for the previously approved by OMB and will tend to effectuate the declared reduced assessment revenue with assigned OMB No. 0581–0178 (Generic policy of the Act. $5,100 from miscellaneous income, Vegetable and Specialty Crops). No List of Subjects in 7 CFR Part 945 $100 from interest income, and $49,875 changes in those requirements as a from its reserve fund. The reserve fund result of this action are necessary. Marketing agreements, Potatoes, is projected to be under the maximum Should any changes become necessary, Reporting and recordkeeping authorized level at the end of the 2017– they would be submitted to OMB for requirements. 2018 fiscal period. approval. For the reasons set forth in the The Committee discussed alternatives This rule imposes no additional preamble, 7 CFR part 945 is amended as to this change, including suspending reporting or recordkeeping requirements follows: assessments for one year, on either small or large Idaho-Eastern recommending other assessment rate Oregon potato handlers. As with all PART 945—IRISH POTATOES GROWN levels, and leaving the current rate in Federal marketing order programs, IN CERTAIN DESIGNATED COUNTIES place. Prior to arriving at this reports and forms are periodically IN IDAHO, AND MALHEUR COUNTY, assessment rate recommendation, the reviewed to reduce information OREGON Committee considered information from requirements and duplication by the Board’s Executive Committee on the ■ 1. The authority citation for 7 CFR industry and public sector agencies. As cost savings resulting from recent part 945 continues to read as follows: noted in the initial regulatory flexibility administrative changes in the Authority: 7 U.S.C. 601–674. Committee office and the level of analysis, USDA has not identified any anticipated Committee expenses moving relevant Federal rules that duplicate, ■ 2. Section 945.249 is revised to read forward. The Committee debated overlap, or conflict with this final rule. as follows: AMS is committed to complying with between suspending assessments for § 945.249 Assessment rate. one year and recommending the the E-Government Act, to promote the assessment rate be lowered to $0.002 use of the internet and other On and after August 1, 2017, an per hundredweight of potatoes. Based information technologies to provide assessment rate of $0.002 per on the market and shipping quantities, increased opportunities for citizen hundredweight is established for Idaho- the Committee recommended the rate of access to Government information and Eastern Oregon potatoes. $0.002 per hundredweight. The services, and for other purposes. Dated: June 20, 2017. Committee believes this assessment rate, A proposed rule concerning this Erin Morris, in combination with other income, action was published in the Federal Associate Administrator, Agricultural interest earned, and funds utilized from Register on March 21, 2017 (82 FR Marketing Service. the Committee’s financial reserve, will 14485). Copies of the proposed rule [FR Doc. 2017–13174 Filed 6–22–17; 8:45 am] were also mailed or sent via facsimile to provide sufficient funds to meet its BILLING CODE 3410–02–P expenses. all Idaho-E. Oregon potato handlers. A review of historical information and Finally, the proposal was made available through the internet by USDA preliminary information pertaining to DEPARTMENT OF HOMELAND and the Office of the Federal Register. A the upcoming fiscal period indicates SECURITY that the producer price for the 2017 crop 30-day comment period ending April could range between $6.00 and $9.00 20, 2017, was provided for interested Coast Guard per hundredweight of potatoes. persons to respond to the proposal. Therefore, the estimated assessment Two comments were received during 33 CFR Part 117 revenue for the 2017–2018 fiscal period the comment period in response to the as a percentage of total producer proposal. Both comments were received [Docket No. USCG–2017–0517] from outside of the regulated production revenue could range between 0.022 and Drawbridge Operation Regulation; area. One comment supported the 0.033 percent. Thames River, New London, CT This action decreases the assessment proposed assessment decrease. The obligation imposed on handlers. other comment did not support the AGENCY: Coast Guard, DHS. Assessments are applied uniformly on proposal, however, it did not address ACTION: Notice of deviation from all handlers, and some of the costs may the merits of the proposed rule. drawbridge regulation. be passed on to producers. However, Accordingly, no changes have been decreasing the assessment rate will made to the rule as proposed, based on SUMMARY: The Coast Guard has issued a reduce the burden on handlers, and may the comments received. temporary deviation from the operating

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schedule that governs the Amtrak Local and Broadcast Notices to Mariners Folder on the line associated with this Bridge across Thames River, mile 3.0, at of the change in operating schedule for rule. New London, CT. This action is the bridge so that vessel operators can FOR FURTHER INFORMATION CONTACT: If necessary to complete installation of an arrange their transits to minimize any you have questions about this emergency generator. This deviation impact caused by this temporary rulemaking, call or email Petty Officer allows the bridge to require a two hour deviation. Amanda Boone, U.S. Coast Guard, advance notice for openings during In accordance with 33 CFR 117.35(e), Sector Delaware Bay, Waterways nighttime hours. the drawbridge must return to its regular Management Division, Coast Guard; DATES: This deviation is effective from operating schedule immediately at the telephone (215) 271–4814, email 9 p.m. on July 31, 2017 to 7 a.m. on end of the effective period of this [email protected]. September 12, 2017. temporary deviation. This deviation ADDRESSES: The docket for this from the operating regulations is SUPPLEMENTARY INFORMATION: deviation, USCG–2017–0517 is available authorized under 33 CFR 117.35. I. Table of Abbreviations at http://www.regulations.gov. Type the Dated: June 20, 2017. CFR Code of Federal Regulations docket number in the ‘‘SEARCH’’ box C.J. Bisignano, and click ‘‘SEARCH’’. Click on Open DHS Department of Homeland Security Supervisory Bridge Management Specialist, E.O. Executive order Docket Folder on the line associated First Coast Guard District. FR Federal Register with this deviation. [FR Doc. 2017–13165 Filed 6–22–17; 8:45 am] Pub. L. Public Law FOR FURTHER INFORMATION CONTACT: If BILLING CODE 9110–04–P § Section you have questions on this temporary U.S.C. United States Code deviation, call or email James L. COTP Captain of the Port Rousseau, Bridge Management DEPARTMENT OF HOMELAND II. Background Information and Specialist, First District Bridge Branch, SECURITY Regulatory History U.S. Coast Guard; telephone 617–223– 8619, email james.l.rousseau2@ Coast Guard The Coast Guard is issuing this uscg.mil. temporary rule without prior notice and SUPPLEMENTARY INFORMATION: Amtrak, 33 CFR Part 165 opportunity to comment pursuant to authority under section 4(a) of the the owner of the bridge, requested a [Docket Number USCG–2017–0279] temporary deviation in order to Administrative Procedure Act (APA) (5 facilitate installation of a lift span RIN 1625–AA00 U.S.C. 553(b)). This provision emergency generator. The Amtrak authorizes an agency to issue a rule Bridge across the Thames River, mile Safety Zone, Delaware River; Dredging without prior notice and opportunity to comment when the agency for good 3.0 at New London, Connecticut has a AGENCY: Coast Guard, DHS. horizontal clearance of 150 feet and a cause finds that those procedures are ACTION: Temporary final rule. vertical clearance of 29 feet at mean impracticable, unnecessary, or contrary high water and 31 feet at mean low SUMMARY: The Coast Guard is to the public interest. Under 5 U.S.C. water in the closed position. The bridge establishing temporary safety zones in 553(b) (B), the Coast Guard finds that has a vertical clearance of 75 feet in the portions of Marcus Hook Range, good cause exists for not publishing a intermediate raised position and 135 Deepwater Point Range, and New Castle notice of proposed rulemaking (NPRM) feet in the fully open position at mean Range, on the Delaware River, to with respect to this rule because doing high water. The existing drawbridge facilitate the annual maintenance so would be impractical and contrary to operating regulations are listed at 33 dredging of the Federal Navigation the public interest. Final details for the CFR 117.224. Channel. The safety zones will be dredging operation were not received by This temporary deviation will allow established for the waters in the vicinity the Coast Guard until June 15, 2017. the Amtrak Bridge to require a 2 hour of the dredge and associated pipeline, Vessels transiting through New Castle advance notice between 9 p.m. and 7 including dredge pipe which is located Range, Deepwater Point Range, Marcus a.m. from July 31, 2017 to September 12, in Marcus Hook Anchorage No. 7 and Hook Range or attempting to enter the 2017, while a crane barge is present next Pea Patch Island Anchorage No. 5. This waters of Marcus Hook Anchorage No. to the lift span. The presence of the regulation is necessary to provide for 7 and Pea Patch Island Anchorage No. crane barge reduces the horizontal the safety of life on navigable waters of 5 during pipe-laying or dredging clearance to 70 feet. Additionally, the Delaware River, in the vicinity of operations may be at risk. Delaying this between July 31, 2017 and September dredging activity, and is intended to rule for the purpose of providing a 10, 2017 the lift span will be in the protect mariners from the hazards notice and comment period would be down position during daytime hours but associated with pipe-laying and contrary to the public interest as it will be able to open when requested. dredging operations. would inhibit the Coast Guard’s ability The waterway is transited by to protect the public from the hazards DATES: This rule is effective without recreational traffic, commercial vessels, associated with pipe-laying and actual notice from June 26, 2017 until ferries, and military vessels. Vessels that dredging operations. We are issuing this September 1, 2017. For purposes of can pass under the bridge without an rule, and, under 5 U.S.C. 553(d)(3), the enforcement, actual notice will be used opening may do so at all times. When Coast Guard finds that good cause exists from June 17, 2017 through June 26, the barge is located next to the lift span, for making it effective less than 30 days 2017. the bridge will not be able to open after publication in the Federal Register immediately for emergencies. There is ADDRESSES: To view documents because doing so would be contrary to no alternate route for vessels unable to mentioned in this preamble as being the public interest. Allowing this pass through the bridge when in the available in the docket, go to http:// dredging and pipe laying operation to go closed position. www.regulations.gov, type USCG–2017– forward without safety zones in place The Coast Guard will also inform the 0279 in the ‘‘SEARCH’’ box and click would expose mariners and the public users of the waterways through our ‘‘SEARCH.’’ Click on Open Docket to unnecessary dangers.

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III. Legal Authority and Need for Rule 7 found in 33 CFR 110.157(a)(8). Vessels Accordingly, it has not been reviewed The Coast Guard is issuing this rule requesting to transit Marcus Hook Range by the Office of Management and under authority in 33 U.S.C. 1231; 33 shall contact the dredge ILLINOIS on Budget. This regulatory action determination CFR 1.05–1 and 160.5; and Department VHF channel 13 or 16, at least 1 hour, is based on the size, location, and of Homeland Security Delegation No. as well as 30 minutes, prior to arrival. duration of the safety zones. Although 0170.1. The Captain of the Port (COTP), Vessels shall then transit around the this regulation will restrict access to Delaware Bay, has determined that dredge project area, utilizing Marcus Hook Anchorage, while operating at the regulated areas, the effect of this rule potential hazards associated with minimum safe speed necessary to will not be significant because there are dredging and pipe laying operations, maintain steerage and reduced wake. a number of alternate anchorages beginning June 17, 2017, will be a safety Vessels wishing to anchor in Marcus available for vessels to anchor. concern for vessels attempting to transit Hook Anchorage No. 7 must obtain Furthermore, vessels may be permitted the Delaware River, along New Castle permission from the COTP at least 24 to transit through the safety zone with Range, Deepwater Point Range, Marcus hours in advance by calling 215–271– the permission of the Captain of the Port Hook Range or attempting to enter the 4807. The COTP will permit one vessel or make satisfactory passing waters of Marcus Hook Anchorage No. at a time to anchor on a ‘‘first-come, arrangements with the dredge ILLINOIS 7 and Pea Patch Island Anchorage No. first-served’’ basis. Vessels will only be in accordance with this rule and the 5. This rule is needed to protect allowed to anchor for a 12 hour period. Rules of the Road (33 CFR chapter I, personnel, vessels, and the marine Vessels that require an examination by subchapter E). Extensive notification of environment on the navigable waters the Public Health Service, Customs or the safety zones to the maritime public within the safety zones while dredging Immigration authorities will be directed will be made via maritime advisories is being conducted. to an anchorage for the required allowing mariners to alter their plans IV. Discussion of the Rule inspection by the COTP. Vessels are accordingly. encouraged to use Mantua Creek The Coast Guard Captain of the Port B. Impact on Small Entities Anchorage No.9, Naval Base is temporarily establishing safety zones Philadelphia Anchorage No. 10, and The Regulatory Flexibility Act of on portions of the Delaware River from Deepwater Point Anchorage No. 6 as 1980, 5 U.S.C. 601–612, as amended, June 17, 2017 until September 1, 2017, alternative anchorages. requires Federal agencies to consider unless cancelled earlier by the Captain Entry into, transiting, or anchoring the potential impact of regulations on of the Port, to facilitate maintenance within the safety zones is prohibited small entities during rulemaking. The dredging being conducted in New Castle unless vessels obtain permission from term ‘‘small entities’’ comprises small Range, Deepwater Point Range and the Captain of the Port or make businesses, not-for-profit organizations Marcus Hook Range. Maintenance satisfactory passing arrangements with that are independently owned and dredging in the channel will be the dredge ILLINOIS per this rule and operated and are not dominant in their conducted with the cutter suction the Rules of the Road (33 CFR chapter fields, and governmental jurisdictions dredge ILLINOIS and associated I, subchapter E). with populations of less than 50,000. pipeline. Pipeline will be a combination The Captain of the Port will The Coast Guard certifies under 5 U.S.C. of floating hoses immediately behind implement and terminate the safety 605(b) that this rule will not have a the dredge and submerged pipeline zones individually once all submerged significant economic impact on a leading to upland disposal areas. Due to pipeline has been recovered and substantial number of small entities. the hazards related to cutter suction dredging operations are completed in While some owners or operators of dredging, the associated pipeline, and each range respectively. Notice of the vessels intending to transit the safety the location of the submerged pipeline, implementation and the termination of zone may be small entities, for the safety zones will be established in the the safety zone will be made in reasons stated in section V.A above, this following areas: accordance with 33 CFR 165.7. rule will not have a significant (1) Safety zone one includes all waters economic impact on any vessel owner within 150 yards of the dredge and all V. Regulatory Analyses or operator. related dredge equipment. The safety We developed this rule after Under section 213(a) of the Small zone will be established for the duration considering numerous statutes and Business Regulatory Enforcement of the maintenance project. Vessels executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), requesting to transit shall contact the Below we summarize our analyses we want to assist small entities in dredge ILLINOIS on VHF channel 13 or based on a number of these statutes and understanding this rule. If the rule 16, at least 1 hour, as well as 30 Executive orders, and we discuss First would affect your small business, minutes, prior to arrival. Amendment rights of protestors. organization, or governmental (2) Safety zone two includes all the jurisdiction and you have questions waters of Pea Patch Island Anchorage A. Regulatory Planning and Review concerning its provisions or options for No. 5 found in 33 CFR 110.157(a)(6), Executive Orders 12866 and 13563 compliance, please contact the person where submerged pipeline will be direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION located which poses a risk to anchored benefits of available regulatory CONTACT section. vessels. The safety zone will be in place alternatives and, if regulation is Small businesses may send comments only during the time in which the necessary, to select regulatory on the actions of Federal employees dredge ILLINOIS is conducting dredging approaches that maximize net benefits. who enforce, or otherwise determine operations in New Castle Range. Vessels Executive Order 13563 emphasizes the compliance with, Federal regulations to requesting to transit shall contact the importance of quantifying both costs the Small Business and Agriculture dredge ILLINOIS on VHF channel 13 or and benefits, of reducing costs, of Regulatory Enforcement Ombudsman 16, at least 1 hour, as well as 30 harmonizing rules, and of promoting and the Regional Small Business minutes, prior to arrival. flexibility. This rule has not been Regulatory Fairness Boards. The (3) Safety zone three includes all the designated a ‘‘significant regulatory Ombudsman evaluates these actions waters of Marcus Hook Anchorage No. action,’’ under Executive Order 12866. annually and rates each agency’s

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responsiveness to small business. If you Environmental Policy Act of 1969 (42 (3) Safety zone three includes all the wish to comment on actions by U.S.C. 4321–4370f), and have waters of Marcus Hook Anchorage No. employees of the Coast Guard, call 1– determined that it is one of a category 7 found in 33 CFR 110.157(a)(8). The 888–REG–FAIR (1–888–734–3247). The of actions that do not individually or safety zone will be in place only during Coast Guard will not retaliate against cumulatively have a significant effect on the time in which the dredge ILLINOIS small entities that question or complain the human environment. This rule is conducting dredging operations in about this rule or any policy or action adjusts rates in accordance with Marcus Hook Range. of the Coast Guard. applicable statutory and regulatory (b) Definitions. (1) The Captain of the mandates. It is categorically excluded Port (COTP) means the Commander C. Collection of Information under section 2.B.2, figure 2–1, Sector Delaware Bay or any Coast Guard This rule will not call for a new paragraph 34(g) of the Instruction, commissioned, warrant, or petty officer collection of information under the which pertains to minor regulatory who has been authorized by the Captain Paperwork Reduction Act of 1995 (44 changes that are editorial or procedural of the Port to act on their behalf. U.S.C. 3501–3520). in nature. A Record of Environmental (2) Designated representative means Consideration (REC) supporting this any Coast Guard commissioned, warrant D. Federalism and Indian Tribal or petty officer who has been authorized Governments determination is available in the docket where indicated in the ADDRESSES by the Captain of the Port, Delaware A rule has implications for federalism section of this preamble. Bay, to assist with the enforcement of under Executive Order 13132, safety zones described in paragraph (a) Federalism, if it has a substantial direct G. Protest Activities of this section. effect on the States, on the relationship The Coast Guard respects the First (c) Regulations. The general safety between the national government and Amendment rights of protesters. zone regulations found in subpart C of the States, or on the distribution of Protesters are asked to contact the this part apply to the safety zone created by this section. power and responsibilities among the person listed in the FOR FURTHER (1) Safety zone two will be in place various levels of government. We have INFORMATION CONTACT section to only during the time that dredge analyzed this rule under that Order and coordinate protest activities so that your ILLINOIS is conducting dredging have determined that it is consistent message can be received without operations in New Castle Range. Safety with the fundamental federalism jeopardizing the safety or security of zone three will be in place only during principles and preemption requirements people, places or vessels. described in Executive Order 13132. time in which the dredge ILLINOIS is Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 conducting dredging operations in implications under Executive Order Marcus Hook Range. Harbors, Marine safety, Navigation (2) Vessels requesting to transit 13175, Consultation and Coordination (water), Reporting and recordkeeping with Indian Tribal Governments, Marcus Hook Range shall contact the requirements, Security measures, dredge ILLINOIS on VHF channel 13 or because it does not have a substantial Waterways. direct effect on one or more Indian 16, at least 1 hour, as well as 30 tribes, on the relationship between the For the reasons discussed in the minutes, prior to arrival. Vessels shall Federal Government and Indian tribes, preamble, the Coast Guard amends 33 then transit around the dredge project, or on the distribution of power and CFR part 165 as follows: utilizing Marcus Hook Anchorage, while responsibilities between the Federal operating at the minimum safe speed PART 165—REGULATED NAVIGATION necessary to maintain steerage and Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS believe this rule has implications for reduced wake. (3) Vessels wishing to anchor in federalism or Indian tribes, please ■ 1. The authority citation for part 165 Marcus Hook Anchorage No. 7 during contact the person listed in the FOR continues to read as follows: FURTHER INFORMATION CONTACT section the time in which the dredge ILLINOIS above. Authority: . 33 U.S.C. 1231; 50 U.S.C. 191; is conducting dredging operations in 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Marcus Hook Range, must obtain E. Unfunded Mandates Reform Act Department of Homeland Security Delegation permission from the COTP at least 24 No. 0170.1. The Unfunded Mandates Reform Act hours in advance by calling 215–271– of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add temporary § 165.T05–0279 to 4807. The COTP will permit one vessel Federal agencies to assess the effects of read as follows: at a time to anchor on a ‘‘first-come, their discretionary regulatory actions. In first-served’’ basis. Vessel will only be § 165.T05–0279 Safety Zone, Delaware allowed to anchor for a 12 hour period. particular, the Act addresses actions River; Dredging.. that may result in the expenditure by a Vessels that require an examination by State, local, or tribal government, in the (a) Location. The following areas are the Public Health Service, Customs or aggregate, or by the private sector of safety zones: Immigration authorities will be directed $100,000,000 (adjusted for inflation) or (1) Safety zone one includes all waters to an anchorage by the COTP for the more in any one year. Though this rule within 150 yards of the dredge required inspection. Vessels are will not result in such an expenditure, ILLINOIS and all related dredge encouraged to use Mantua Creek we do discuss the effects of this rule equipment. Anchorage No. 9, Naval Base elsewhere in this preamble. (2) Safety zone two includes all the Philadelphia Anchorage No. 10, and waters of Pea Patch Island Anchorage Deepwater Point Anchorage No. 6 as F. Environment No. 5 found in 33 CFR 110.157(a)(6), alternative anchorages. We have analyzed this rule under where submerged pipeline will be (4) The Captain of the Port will Department of Homeland Security located causing a hazard to anchoring implement and terminate the safety Management Directive 023–01 and vessels. The safety zone will be in place zones individually once all submerged Commandant Instruction M16475.lD, only during the time in which the pipeline has been recovered and which guide the Coast Guard in dredge ILLINOIS is conducting dredging dredging operations are completed in complying with the National operations in New Castle Range. each range respectively. Notice of the

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implementation and the termination of DEPARTMENT OF HOMELAND Zone; Annual Fireworks Displays the safety zone will be made in SECURITY within the Sector Columbia River accordance with § 165.7. Captain of the Port Zone’’ (82 FR Coast Guard (5) Entry into, transiting, or anchoring 16976). There we stated why we issued the NPRM, and invited comments on within the safety zone is prohibited 33 CFR Part 165 our proposed regulatory action related unless vessels obtain permission from [Docket Number USCG–2017–0149] to this fireworks display. During the the Captain of the Port or make comment period that ended May 8, satisfactory passing arrangements, via RIN 1625–AA00 2017, we received one comment. There VHF–FM channel 16, with the dredge are no changes in the regulatory text of ILLINOIS per this rule and the Rules of Safety Zones; Annual Fireworks this rule from the proposed rule in the the Road (33 CFR chapter I, subchapter Displays Within the Sector Columbia NPRM. E). River Captain of the Port Zone We are issuing this rule, and under 5 (6) To request permission to enter the AGENCY: Coast Guard, DHS. U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it safety zone, the Captain of the Port’s ACTION: Final rule. representative can be contact via VHF– effective less than 30 days after FM channel 16. Vessels granted SUMMARY: The Coast Guard is publication in the Federal Register, due permission to enter and transit through establishing safety zones at various to the first newly added fireworks display covered under this rule being the safety zone must do so in locations in the Sector Columbia River Captain of the Port zone. This action is conducted on July 4, 2017. Delaying this accordance with the directions provided rule would be impractical as it would by the Captain of the Port or designated necessary to provide for the safety of life on these navigable waters during prevent the Coast Guard from ensuring representative. No person or vessel may fireworks displays. This regulation the safety of spectators and vessels enter or remain in a safety zone without prohibits persons and vessels from during the fireworks displays and permission from the Captain of the Port. being in the safety zone unless immediate action is necessary to All persons and vessels within a safety authorized by the Captain of the Port prevent possible loss of life and zone shall obey the directions or orders Sector Columbia River or a designated property. of the Captain of the Port or their representative. designated representative. III. Legal Authority and Need for Rule DATES: This rule is effective July 4, (7) At least one side of the main The Coast Guard is issuing this rule 2017. under authority in 33 U.S.C. 1231. The navigational channel will be kept clear ADDRESSES: Captain of the Port Sector Columbia for safe passage of vessels in the vicinity To view documents mentioned in this preamble as being River has determined that fireworks of the safety zones. At no time will the available in the docket, go to http:// displays create hazardous conditions for main navigational channel be closed to www.regulations.gov, type USCG–2017– the maritime public because of the large vessel traffic. Vessels requesting to 0149 in the ‘‘SEARCH’’ box and click number of vessels near the displays, as transit shall contact the dredge ‘‘SEARCH.’’ Click on Open Docket well as the noise, falling debris, and ILLINOIS on VHF channel 13 or 16, at Folder on the line associated with this explosions that occur during the event. least 1 hour, as well as 30 minutes, prior rule. Because firework discharge sites pose a to arrival. FOR FURTHER INFORMATION CONTACT: If potential hazard to the maritime public, (8) This section applies to all vessels you have questions on this rule, call or these safety zones are necessary in order that intend to transit through the safety email LCDR Laura Springer, Waterways to restrict vessel movement and reduce zones except vessels that are engaged in Management Division, Marine Safety vessel congregation in the proximity of the following operations: enforcement of Unit Portland, Coast Guard; telephone the firework discharge sites. laws; service of aids to navigation, and 503–240–9319, email msupdxwwm@ IV. Discussion of Comments, Changes, emergency response. uscg.mil. and the Rule (d) Enforcement. These safety zones SUPPLEMENTARY INFORMATION: As noted above, we received one will be enforced with actual notice by I. Table of Abbreviations comment stating, ‘‘The Coast Guard the U.S. Coast Guard representatives on should establish five new fireworks scene, as well as other methods listed in CFR Code of Federal Regulations display safety zones at various locations § 165.7. DHS Department of Homeland Security in the Sector Columbia River Captain of FR Federal Register Dated: June 16, 2017. NPRM Notice of proposed rulemaking the Port zone. In addition to adding new fireworks display safety zones, this Benjamin A. Cooper, § Section U.S.C. United States Code proposed rule making would Captain, U.. S. Coast Guard, Captain of the consolidate existing safety zones into Port, Delaware Bay. II. Background Information and one regulation and eliminate one safety [FR Doc. 2017–13064 Filed 6–22–17; 8:45 am] Regulatory History zone listed in two regulations.’’ In BILLING CODE 9110–04–P The Coast Guard is establishing five essence, this comment restates what the new fireworks displays to be conducted rule is seeking to accomplish. There are during the 2017 season. These new no changes in the regulatory text of this safety zones are listed in existing 33 rule from the proposed rule in the CFR 164.1315. Additionally, the Coast NPRM. Guard is consolidating two fireworks The rule establishes five new display safety zones into the table in fireworks display safety zones to revise § 165.1315. 33 CFR 165.1315 to include multiple On April 7, 2017, the Coast Guard locations in the Sector Columbia River published a notice of proposed COTP Zone. The added safety zones rulemaking (NPRM) titled, ‘‘Safety would cover all waters of the Oregon

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coast, Tillamook Bay, the Columbia that are independently owned and principles and preemption requirements River and its tributaries, and the operated and are not dominant in their described in Executive Order 13132. Clatskanie River, within a 450 yard fields, and governmental jurisdictions Also, this rule does not have tribal radius of the launch site at the with populations of less than 50,000. implications under Executive Order approximate locations listed in the table The Coast Guard received no comments 13175, Consultation and Coordination located in 33 CFR 165.1315. The safety from the Small Business Administration with Indian Tribal Governments, zones will be enforced at least 1 hour on this rulemaking. The Coast Guard because it does not have a substantial before and 1 hour after the duration of certifies under 5 U.S.C. 605(b) that this direct effect on one or more Indian the scheduled event. The duration of the rule will not have a significant tribes, on the relationship between the zone is intended to ensure the safety of economic impact on a substantial Federal Government and Indian tribes, vessels and these navigable waters number of small entities. or on the distribution of power and before, during, and after the scheduled While some owners or operators of responsibilities between the Federal fireworks display. No vessel or person vessels intending to transit the safety Government and Indian tribes. If you will be permitted to enter the safety zone may be small entities, for the believe this rule has implications for zone without obtaining permission from reasons stated in section V.A above, this federalism or Indian tribes, please the COTP or a designated rule will not have a significant contact the person listed in the FOR representative. economic impact on any vessel owner FURTHER INFORMATION CONTACT section. V. Regulatory Analyses or operator. E. Unfunded Mandates Reform Act Under section 213(a) of the Small We developed this rule after The Unfunded Mandates Reform Act Business Regulatory Enforcement considering numerous statutes and of 1995 (2 U.S.C. 1531–1538) requires Fairness Act of 1996 (Pub. L. 104–121), Executive orders related to rulemaking. Federal agencies to assess the effects of we want to assist small entities in Below we summarize our analyses their discretionary regulatory actions. In understanding this rule. If the rule based on a number of these statutes and particular, the Act addresses actions would affect your small business, Executive orders, and we discuss First that may result in the expenditure by a organization, or governmental Amendment rights of protestors. State, local, or tribal government, in the jurisdiction and you have questions aggregate, or by the private sector of A. Regulatory Planning and Review concerning its provisions or options for $100,000,000 (adjusted for inflation) or Executive Orders 12866 and 13563 compliance, please contact the person more in any one year. Though this rule FOR FURTHER INFORMATION direct agencies to assess the costs and listed in the will not result in such an expenditure, benefits of available regulatory CONTACT section. we do discuss the effects of this rule alternatives and, if regulation is Small businesses may send comments elsewhere in this preamble. necessary, to select regulatory on the actions of Federal employees approaches that maximize net benefits. who enforce, or otherwise determine F. Environment Executive Order 13563 emphasizes the compliance with, Federal regulations to We have analyzed this rule under importance of quantifying both costs the Small Business and Agriculture Department of Homeland Security and benefits, of reducing costs, of Regulatory Enforcement Ombudsman Management Directive 023–01 and harmonizing rules, and of promoting and the Regional Small Business Commandant Instruction M16475.lD, flexibility. This rule has not been Regulatory Fairness Boards. The which guide the Coast Guard in designated a ‘‘significant regulatory Ombudsman evaluates these actions complying with the National action,’’ under Executive Order 12866. annually and rates each agency’s Environmental Policy Act of 1969 (42 Accordingly, it has not been reviewed responsiveness to small business. If you U.S.C. 4321–4370f), and have made a by the Office of Management and wish to comment on actions by preliminary determination that this Budget. employees of the Coast Guard, call 1– action is one of a category of actions that This regulatory action determination 888–REG–FAIR (1–888–734–3247). The do not individually or cumulatively is based on the size, location, duration, Coast Guard will not retaliate against have a significant effect on the human and time-of-day of the safety zones. small entities that question or complain environment. This rule involves safety Vessel traffic would be able to safely about this rule or any policy or action zones that are approximately 3 hours in transit around these safety zones which of the Coast Guard. duration and would prohibit entry would impact small designated areas of C. Collection of Information within 450 yards of the launch sites. the Oregon coast, Tillamook Bay, the Normally such actions are categorically Columbia River and its tributaries, and This rule will not call for a new excluded from further review under the Clatskanie River for less than 1 hour collection of information under the paragraph 34(g) of Figure 2–1 of during the evening when commercial Paperwork Reduction Act of 1995 (44 Commandant Instruction M16475.lD. A vessel traffic is normally low. Moreover, U.S.C. 3501–3520). preliminary environmental analysis the Coast Guard would issue a D. Federalism and Indian Tribal checklist and Categorical Exclusion Broadcast Notice to Mariners via VHF– Governments Determination are available in the FM marine channel 16 about the zone, docket where indicated under and the rule would allow vessels to seek A rule has implications for federalism ADDRESSES. We seek any comments or permission to enter the zone. under Executive Order 13132, information that may lead to the Federalism, if it has a substantial direct discovery of a significant environmental B. Impact on Small Entities effect on the States, on the relationship impact from this rule. The Regulatory Flexibility Act of between the national government and 1980, 5 U.S.C. 601–612, as amended, the States, or on the distribution of G. Protest Activities requires Federal agencies to consider power and responsibilities among the The Coast Guard respects the First the potential impact of regulations on various levels of government. We have Amendment rights of protesters. small entities during rulemaking. The analyzed this rule under that Order and Protesters are asked to contact the term ‘‘small entities’’ comprises small have determined that it is consistent person listed in the FOR FURTHER businesses, not-for-profit organizations with the fundamental federalism INFORMATION CONTACT section to

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coordinate protest activities so that your PART 165—REGULATED NAVIGATION § 165.1315 Safety Zone; Annual Fireworks message can be received without AREAS AND LIMITED ACCESS AREAS Displays within the Sector Columbia River jeopardizing the safety or security of Captain of the Port Zone. ■ 1. The authority citation for part 165 people, places or vessels. (a) Safety zones. The following areas continues to read as follows: List of Subjects in 33 CFR Part 165 are designated safety zones: Waters of Authority: 33 U.S.C. 1231; 50 U.S.C. 191; the Columbia River and its tributaries, Harbors, Marine safety, Navigation 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; waters of the Siuslaw River, Yaquina (water), Reporting and recordkeeping Department of Homeland Security Delegation No. 0170.1. River, Umpqua River, Clatskanie River, requirements, Security measures, Tillamook Bay and waters of the Waterways. § 165.1314 [Removed] Washington and Oregon Coasts, within For the reasons discussed in the ■ 2. Remove § 165.1314. a 450 yard radius of the launch site at preamble, the Coast Guard amends 33 ■ 3. Revise § 165.1315 to read as the approximate locations listed in the CFR part 165 as follows: follows: following table:

Event name Event (typically) location Date of event Latitude Longitude

Cinco de Mayo Fireworks ...... Portland, OR ...... One day in May ...... 45°30′58″ N ...... 122°40′12″ W. Portland Rose Festival Fireworks ...... Portland, OR ...... One day in May or June 45°30′58″ N ...... 122°40′12″ W. Newport High School Graduation Fireworks ...... Newport, OR ...... One day in June ...... 44°36′48″ N ...... 124°04′10″ W. Tri-City Chamber of Commerce Fireworks/River of Kennewick, WA ...... One day in July ...... 46°13′37″ N ...... 119°08′47″ W. Fire Festival. Astoria-Warrenton 4th of July Fireworks ...... Astoria, OR ...... One day in July ...... 46°11′34″ N ...... 123°49′28″ W. Waterfront Blues Festival Fireworks ...... Portland, OR ...... One day in July ...... 45°30′42″ N ...... 122°40′14″ W. Florence Independence Day Celebration ...... Florence, OR ...... One day in July ...... 43°58′09″ N ...... 124°05′50″ W. Oaks Park Association 4th of July ...... Portland, OR ...... One day in July ...... 45°28′22″ N ...... 122°39′59″ W. City of Rainier/Rainier Days ...... Rainier, OR ...... One day in July ...... 46°05′46″ N ...... 122°56′18″ W. Ilwaco July 4th Committee Fireworks/Independ- Ilwaco, OR ...... One day in July ...... 46°18′17″ N ...... 124°02′00″ W. ence Day at the Port. Celebrate Milwaukie ...... Milwaukie, OR ...... One day in July ...... 45°26′33 N ...... 122°38′44″ W. Splash Aberdeen Waterfront Festival ...... Aberdeen, WA ...... One day in July ...... 46°58′40″ N ...... 123°47′45″ W. City of Coos Bay July 4th Celebration/Fireworks Coos Bay, OR ...... One day in July ...... 43°22′06″ N ...... 124°12′24″ W. Over the Bay. Arlington 4th of July ...... Arlington, OR ...... One day in July ...... 45°43′23″ N ...... 120°12′11 W. East County 4th of July Fireworks ...... Gresham, OR ...... One day in July ...... 45°33′32″ N ...... 122°27′10″ W. Port of Cascade Locks 4th of July Fireworks ...... Cascade Locks, OR ...... One day in July ...... 45°40′15″ N ...... 121°53′43″ W. Clatskanie Heritage Days Fireworks ...... Clatskanie, OR ...... One Day in July ...... 46°6′17″ N ...... 123°12′02″ W. Washougal 4th of July ...... Washougal, WA ...... One day in July ...... 45°34′32″ N ...... 122°22′53″ W. City of St. Helens 4th of July Fireworks ...... St. Helens, OR ...... One day in July ...... 45°51′54″ N ...... 122°47′26″ W. Waverly Country Club 4th of July Fireworks ...... Milwaukie, OR ...... One day in July ...... 45°27′03″ N ...... 122°39′18″ W. Hood River 4th of July ...... Hood River, OR ...... One day in July ...... 45°42′58″ N ...... 121°30′32″ W. Rufus 4th of July Fireworks ...... Rufus, OR ...... One day in July ...... 45°41′39″ N ...... 120°45′16″ W. Winchester Bay 4th of July Fireworks ...... Winchester Bay, OR ...... One day in July ...... 43°40′56″ N ...... 124°11′13″ W. Brookings, OR July 4th Fireworks ...... Brookings, OR ...... One day in July ...... 42°02′39″ N ...... 124°16′14″ W. Maritime Heritage Festival ...... St. Helens, OR ...... One day in July ...... 45°51′54″ N ...... 122°47′26″ W. Lynch Picnic ...... West Linn, OR ...... One day in July ...... 45°23′37″ N ...... 122°37′52″ W. Yachats 4th of July ...... Yachats, OR ...... One day in July ...... 44°18′38″ N ...... 124°06′27″ W. Lincoln City 4th of July ...... Lincoln City, OR ...... One day in July ...... 44°55′28″ N ...... 124°01′31″ W. July 4th Party at the Port of Gold Beach ...... Gold Beach, OR ...... One day in July ...... 42°25′30″ N ...... 124°25′03″ W. Gardiner 4th of July ...... Gardiner, OR ...... One day in July ...... 43°43′55″ N ...... 124°06′48″ W. Huntington 4th of July ...... Huntington, OR ...... One day in July ...... 44°18′02″ N ...... 117°13′33″ W. Toledo Summer Festival ...... Toledo, OR ...... One day in July ...... 44°37′08″ N ...... 123°56′24″ W. Port Orford 4th of July ...... Port Orford, OR ...... One day in July ...... 42°44′31″ N ...... 124°29′30″ W. The Dalles Area Fourth of July ...... The Dalles, OR ...... One day in July ...... 45°36′18″ N ...... 121°10′23″ W. Roseburg Hometown 4th of July ...... Roseburg, OR ...... One day in July ...... 43°12′58″ N ...... 123°22′10″ W. Newport 4th of July ...... Newport, OR ...... One day in July ...... 44°37′40″ N ...... 124°02′45″ W. Cedco Inc./The Mill Casino Independence Day ...... North Bend, OR ...... One day in July ...... 43°23′42″ N ...... 124°12′55″ W. Waldport 4th of July ...... Waldport, OR ...... One day in July ...... 44°25′31″ N ...... 124°04′44″ W. Westport 4th of July ...... Westport, WA ...... One day in July ...... 46°54′17″ N ...... 124°05′59″ W. The 4th of July at Pekin Ferry ...... Ridgefield, WA ...... One day in July ...... 45°52′07″ N ...... 122°43′53″ W. Bandon 4th of July ...... Bandon, OR ...... One day in July ...... 43°07′29″ N ...... 124°25′05″ W. Garibaldi Days Fireworks ...... Garibaldi, OR ...... One day in July ...... 45°33′13″ N ...... 123°54′56″ W. Bald Eagle Days ...... Cathlamet, WA ...... One day in July ...... 46°12′14″ N ...... 123°23′17″ W. Independence Day at the Fort Vancouver ...... Vancouver, WA ...... One Day in July ...... 45°36′57″ N ...... 122°40′09″ W. Oregon Symphony Concert Fireworks ...... Portland, OR ...... One day in August or 45°30′42″ N ...... 122°40′14″ W. September. Astoria Regatta ...... Astoria, OR ...... One day in August ...... 46°11′34″ N ...... 123°49′28″ W. First Friday Milwaukie ...... Milwaukie, OR ...... One day in September ... 45°26′33″ N ...... 122°38′44″ W. Leukemia and Lymphoma Light the Night Fire- Portland, OR ...... One day in October ...... 45°31′14″ N ...... 122°40′06″ W. works. Willamette Falls Heritage Festival ...... Oregon City, OR ...... One day in October ...... 45°21′44″ N ...... 122°36′21″ W. Veterans Day Celebration ...... The Dalles, OR ...... One day in November .... 45°36′18″ N ...... 121°10′34″ W.

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(b) Special requirements. Fireworks the criteria established in paragraphs (b) FOR FURTHER INFORMATION CONTACT: barges or launch sites on land used in and (c) of this section. Lizbeth Dobbins (202) 268–3789. locations stated in this section must (e) Regulations. In accordance with SUPPLEMENTARY INFORMATION: The most display a sign. The sign will be affixed the general regulations in subpart C of recent issue of the Domestic Mail to the port and starboard side of the this part no person may enter or remain Manual (DMM) is dated January 22, barge or mounted on a post 3 feet above in the safety zone created in this section 2017. This issue of the DMM contains ground level when on land and in close or bring, cause to be brought, or allow all Postal Service domestic mailing proximity to the shoreline facing the to remain in the safety zone created in standards, and continues to: (1) Increase water labeled ‘‘FIREWORKS— this section any vehicle, vessel, or object the user’s ability to find information; (2) DANGER—STAY AWAY.’’ This will unless authorized by the Captain of the increase confidence that users have provide on-scene notice that the safety Port or his designated representative. found all the information they need; and zone is, or will, be enforced on that day. The Captain of the Port may be assisted (3) reduce the need to consult multiple This notice will consist of a diamond by other Federal, State, or local agencies chapters of the Manual to locate shaped sign, 4-foot by 4-foot, with a 3- with the enforcement of the safety zone. necessary information. The issue dated inch orange retro-reflective border. The (f) Authorization. All vessel operators January 22, 2017, sets forth specific word ‘‘DANGER’’ will be 10-inch black who desire to enter the safety zone must changes, including new standards block letters centered on the sign with obtain permission from the Captain of throughout the DMM to support the the words ‘‘FIREWORKS’’ and ‘‘STAY the Port or Designated Representative by standards and mail preparation changes AWAY’’ in 6-inch black block letters contacting either the on-scene patrol implemented since the version issued placed above and below the word craft on VHF Ch 13 or Ch 16 or the on July 11, 2016. ‘‘DANGER’’ respectively on a white Coast Guard Sector Columbia River Changes to mailing standards will background. An on-scene patrol vessel Command Center via telephone at (503) continue to be published through may enforce these safety zones at least 861–6211. Federal Register notices and the Postal 1 hour prior to the start and 1 hour after § 165.1316 [Removed] Bulletin, and will appear in the next the conclusion of the fireworks display. online version available via the Postal ■ 4. Remove § 165.1316. ® (c) Notice of enforcement. These Explorer Web site at: http:// safety zones will be activated and thus Dated: June 16, 2017. pe.usps.com. D.F. Berliner, subject to enforcement, under the List of Subjects in 39 CFR Part 111 following conditions: The Coast Guard Captain, U.S. Coast Guard, Acting Captain must receive an Application for Marine of the Port, Sector Columbia River. Administrative practice and Event for each fireworks display; and, [FR Doc. 2017–13117 Filed 6–22–17; 8:45 am] procedure, Incorporation by reference. the Captain of the Port will cause notice BILLING CODE 9110–04–P In view of the considerations of the enforcement of these safety zones discussed above, the Postal Service to be made by all appropriate means to hereby amends 39 CFR part 111 as provide notice to the affected segments POSTAL SERVICE follows: of the public as practicable, in accordance with § 165.7(a). The Captain 39 CFR Part 111 PART 111—GENERAL INFORMATION of the Port will issue a Local Notice to ON POSTAL SERVICE Mariners notifying the public of Domestic Mail Manual; Incorporation ■ activation and suspension of by Reference 1. The authority citation for 39 CFR part 111 continues to read as follows: enforcement of these safety zones. AGENCY: Postal ServiceTM. Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– Additionally, an on-scene Patrol ACTION: Final rule. Commander may be appointed to 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, enforce the safety zones by limiting the SUMMARY: The Postal Service announces 401, 403, 404, 414, 416, 3001–3011, 3201– transit of non-participating vessels in the issuance of the Mailing Standards of 3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. the designated areas described in the United States Postal Service, paragraph (a) of this section. Domestic Mail Manual (DMM®) dated ■ 2. In § 111.3 amend paragraph (f) by revising the last two entries in the table (d) Enforcement periods. This section January 22, 2017, and its incorporation by reference in the Code of Federal for ‘‘DMM 300’’ and adding an entry at will be enforced at least 1 hour before the end of the table to read as follows: and 1 hour after the duration of the Regulations. event each day a barge or launch site DATES: This final rule is effective on § 111.3 Amendment to the Mailing with a ‘‘FIREWORKS—DANGER— June 23, 2017. The incorporation by Standards of the United States Postal STAY AWAY’’ sign is located within reference of the DMM dated January 22, Service, Domestic Mail Manual. any of the safety zones identified in 2017, is approved by the Director of the * * * * * paragraph (a) of this section and meets Federal Register as of June 23, 2017. (f) * * *

Transmittal letter for issue Dated Federal Register publication

******* DMM 300 ...... January 25, 2015 ...... 80 FR 13492. DMM 300 ...... July 11, 2016 ...... 81 FR 66822. DMM ...... January 22, 2017 ...... [INSERT Federal Register CITATION FOR THIS RULE].

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§ 111.4 [Amended] Table of Contents 51.1105(a)(1) and 51.1100(o)(4). In the ■ 3. Amend § 111.4 by removing I. Summary of Proposed Action proposal, the EPA proposed to find that ‘‘September 29, 2016’’ and adding ‘‘June II. Public Comments the 2014 SIP Update fulfills the ROP 23, 2017’’. III. Final Action demonstration requirement because it IV. Statutory and Executive Order Reviews meets the requirements of CAA section Stanley F. Mires, 182(b)(1) and 40 CFR 51.1105(a)(1) and Attorney, Federal Compliance. I. Summary of Proposed Action 51.1100(o)(4).4 On March 9, 2017, the EPA proposed [FR Doc. 2017–13085 Filed 6–22–17; 8:45 am] II. Public Comments BILLING CODE 7710–12–P to approve, under section 110(k)(3) of the Clean Air Act (CAA or the Act), the The EPA’s proposed action provided initial six-year 15 percent rate of a 30-day public comment period. We ENVIRONMENTAL PROTECTION progress (ROP) demonstration to received one comment, which was AGENCY address requirements for the 1997 8- submitted anonymously. The comment hour ozone national ambient air quality did not address the EPA’s proposed 40 CFR Part 52 standards (NAAQS) for the Western action and did not provide specific Mojave Desert (WMD) nonattainment information relevant to the basis for [EPA–R09–OAR–2017–0028; FRL–9963–86– area. 82 FR 13086. This demonstration EPA’s proposed approval. We are not Region 9] is contained in a state implementation revising any portion of the proposed Approval of California Air Plan plan (SIP) submittal from the California rule based on this comment. Revisions, Western Mojave Desert, Air Resources Board entitled ‘‘Proposed III. Final Action Rate of Progress Demonstration Updates to the 1997 8-Hour Ozone Standard, State Implementation Plans: For the reasons discussed in our AGENCY: Environmental Protection Coachella Valley and Western Mojave March 9, 2017 proposal and Agency (EPA). Desert 8-hour Ozone Nonattainment summarized above, the EPA is ACTION: Final rule. Areas’’ (‘‘2014 SIP Update’’).1 As approving, under CAA section 110(k)(3), explained in the proposal, the ROP the ROP demonstration contained in the SUMMARY: The Environmental Protection demonstration is an element of the 2014 SIP Update as meeting the Agency (EPA) is approving a state reasonable further progress requirements of CAA section 182(b)(1) implementation plan revision submitted demonstration contained at Table C–2 of and 40 CFR 51.1105(a)(1) and by the State of California to meet Clean the 2014 SIP Update and discussed at 51.1100(o)(4). Air Act requirements applicable to the page 10 of the 2014 SIP Update. It is IV. Statutory and Executive Order Western Mojave Desert ozone supported by a detailed VOC emissions Reviews nonattainment area. Specifically, the inventory at Table A–2 of the 2014 SIP EPA is approving the initial six-year 15 Under the Clean Air Act, the Update. Administrator is required to approve a percent rate of progress demonstration The WMD is classified as Severe-15 SIP submission that complies with the to address requirements for the 1997 8- with an attainment date no later than provisions of the Act and applicable hour ozone national ambient air quality June 15, 2019.2 The relevant CAA federal regulations. 42 U.S.C. 7410(k); standards. requirements appear at Title I, Part D of 40 CFR 52.02(a). Thus, in reviewing SIP DATES: This final rule is effective on July the CAA, under which states must submissions, the EPA’s role is to 24, 2017. implement the primary and secondary approve state choices, provided that ADDRESSES: The EPA has established 1997 8-hour ozone standards. For areas they meet the criteria of the Clean Air docket number EPA–R09–OAR–2017– classified as Moderate or above— Act. Accordingly, this action merely 0028 for this action. Generally, including the WMD—CAA section approves state law as meeting federal documents in the docket for this action 182(b)(1) requires a SIP revision requirements and does not impose are available electronically at http:// providing for ROP, defined as a one additional requirements beyond those www.regulations.gov or in hard copy at time, 15 percent actual VOC emission imposed by state law. For that reason, EPA Region IX, 75 Hawthorne Street, reduction during the six years following this action: San Francisco, California 94105–3901. the baseline year 1990, for an average • Is not a significant regulatory action While all documents in the docket are reduction of 3 percent per year. As subject to review by the Office of listed at http://www.regulations.gov, discussed further in the March 9, 2017 Management and Budget under some information may be publicly proposal, although the EPA revoked the Executive Orders 12866 (58 FR 51735, available only at the hard copy location 1997 8-hour ozone NAAQS in 2015,3 October 4, 1993) and 13563 (76 FR 3821, (e.g., copyrighted material, large maps, the ROP demonstration requirement is a January 21, 2011); multi-volume reports), and some may continuing applicable requirement for • does not impose an information not be available in either location (e.g., the WMD under the EPA’s anti- collection burden under the provisions confidential business information backsliding rules that apply once a of the Paperwork Reduction Act (44 (CBI)). To inspect the hard copy NAAQS has been revoked. Thus, the U.S.C. 3501 et seq.); materials, please schedule an WMD remains subject to the • is certified as not having a appointment during normal business requirement to make the ROP significant economic impact on a hours with the contact listed in the FOR demonstration. See 40 CFR substantial number of small entities FURTHER INFORMATION CONTACT section. under the Regulatory Flexibility Act (5 1 See ‘‘Proposed Updates to the 1997 8-Hour FOR FURTHER INFORMATION CONTACT: U.S.C. 601 et seq.); Tom Ozone Standard, State Implementation Plans: Kelly, Air Planning Office (AIR–2), EPA Coachella Valley and Western Mojave Desert 8-hour 4 See 82 FR 13086, 13087–88. The EPA proposed Region IX, (415) 972–3856, Ozone Nonattainment Areas,’’ California Air to approve the ROP demonstration although the [email protected]. Resources Board, September 22, 2014. state did not demonstrate the necessary reductions 2 77 FR 26950 (May 8, 2012). The proposal for SUPPLEMENTARY INFORMATION: within the six-year period set out in the CAA, this action contains additional information about because it showed that all necessary reductions Throughout this document, the terms the WMD’s classification. See 82 FR 13086, 13087. were achieved in the earliest subsequent reporting ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 3 80 FR 12264 (March 6, 2015). period. Id. at 13088.

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• does not contain any unfunded not affect the finality of this action for ENVIRONMENTAL PROTECTION mandate or significantly or uniquely the purposes of judicial review nor does AGENCY affect small governments, as described it extend the time within which a in the Unfunded Mandates Reform Act petition for judicial review may be filed, 40 CFR Part 60 of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness • [EPA–HQ–OAR–2014–0292; FRL–9963–67– does not have Federalism of such rule or action. This action may OAR] implications as specified in Executive not be challenged later in proceedings to Order 13132 (64 FR 43255, August 10, enforce its requirements (see section Correction to Incorporations by 1999); 307(b)(2)). Reference • is not an economically significant regulatory action based on health or List of Subjects in 40 CFR Part 52 AGENCY: Environmental Protection safety risks subject to Executive Order Agency (EPA). Environmental protection, Air 13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by ACTION: Final rule; technical • is not a significant regulatory action amendment. subject to Executive Order 13211 (66 FR reference, Intergovernmental 28355, May 22, 2001); regulations, Ozone, Reporting and SUMMARY: The Environmental Protection • is not subject to requirements of recordkeeping requirements, Volatile Agency (EPA) is taking action to correct Section 12(d) of the National organic compounds. paragraph numbering in the Technology Transfer and Advancement Authority: 42 U.S.C. 7401 et seq. Incorporations by Reference (IBR) Act of 1995 (15 U.S.C. 272 note) because section of our regulations that Dated: May 31, 2017. application of those requirements would specifically lists material that can be be inconsistent with the Clean Air Act; Alexis Strauss, purchased from the American Society and Acting Regional Administrator, Region IX. for Testing and Materials (ASTM). This • does not provide the EPA with the Part 52, chapter I, title 40 of the Code action assigns the appropriate IBR discretionary authority to address, as paragraph numbers by correcting appropriate, disproportionate human of Federal Regulations is amended as follows: paragraph ordering errors. health or environmental effects, using DATES: Effective: June 23, 2017. practicable and legally permissible PART 52—APPROVAL AND FOR FURTHER INFORMATION CONTACT: methods, under Executive Order 12898 Mrs. PROMULGATION OF Lula H. Melton, Air Quality Assessment (59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS In addition, the SIP is not approved Division, Office of Air Quality Planning to apply on any Indian reservation land and Standards (E143–02), ■ or in any other area where the EPA or 1. The authority citation for part 52 Environmental Protection Agency, an Indian tribe has demonstrated that a continues to read as follows: Research Triangle Park, NC 27711; tribe has jurisdiction. In those areas of Authority: 42 U.S.C. 7401 et seq. telephone number: (919) 541–2910; fax Indian country, the rule does not have number: (919) 541–0516; email address: tribal implications and will not impose Subpart F—California [email protected]. substantial direct costs on tribal SUPPLEMENTARY INFORMATION: This governments or preempt tribal law as ■ 2. Section 52.220 is amended by action corrects paragraph ordering specified by Executive Order 13175 (65 adding paragraph (c)(486)(ii)(A)(2) to errors in 40 CFR 60.17(h) as highlighted FR 67249, November 9, 2000). read as read as follows: in the editorial note at the end of The Congressional Review Act, 5 § 60.17. The editorial note mentions that U.S.C. 801 et seq., as added by the Small § 52.220 Identification of plan—in part. amendments could not be incorporated Business Regulatory Enforcement * * * * * into § 60.17(h) as requested in a final Fairness Act of 1996, generally provides (c) * * * rule published August 30, 2016 (Revisions to Test Methods, that before a rule may take effect, the (486) * * * agency promulgating the rule must Performance Specifications, and Testing submit a rule report, which includes a (ii) * * * Regulations for Air Emission Sources copy of the rule, to each House of the (A) * * * (81 FR 59799)), because paragraph (h)(207) already existed as of the Congress and to the Comptroller General (2) California Air Resources Board, effective date. This issue occurred when of the United States. The EPA will Staff Report, Proposed Updates to the two rules that both added incorporation submit a report containing this action 1997 8-Hour Ozone Standard, State by reference paragraphs in § 60.17(h) and other required information to the Implementation Plans; Coachella Valley published out of order. U.S. Senate, the U.S. House of and Western Mojave Desert, adopted on Section 553 of the Administrative Representatives, and the Comptroller October 24, 2014: ‘‘Reasonable Further Procedure Act (APA), 5 U.S.C. General of the United States prior to Progress Demonstration Update,’’ at p. 553(b)(3)(B), provides that, when an publication of the rule in the Federal 10 (excluding those portions that agency for good cause finds that notice Register. A major rule cannot take effect pertain to reasonable further progress and public procedure are impracticable, until 60 days after it is published in the targets after 2011); Table A–2 (excluding unnecessary, or contrary to the public Federal Register. This action is not a pp. A–10 through A–12, and those interest, the agency may issue a rule ‘‘major rule’’ as defined by 5 U.S.C. portions that pertain to reasonable without providing notice and an 804(2). further progress targets after 2011); Under section 307(b)(1) of the Clean opportunity for public comment. We Table C–2 (excluding those portions that Air Act, petitions for judicial review of have determined that there is good pertain to reasonable further progress this action must be filed in the United cause for making this technical targets after 2011). States Court of Appeals for the amendment final without prior proposal appropriate circuit by August 22, 2017. * * * * * and opportunity for public amendment Filing a petition for reconsideration by [FR Doc. 2017–12966 Filed 6–22–17; 8:45 am] because only simple publication errors the Administrator of this final rule does BILLING CODE 6560–50–P are being corrected that do not

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substantially change the agency actions and Precision Mass Standards, approved official comment and should include taken in the final rule. Thus, notice and May 1, 2013, IBR approved for appendix discussion of all points you wish to public procedure are unnecessary. (See A–3: Methods 4, 5, 5H, 5I, and appendix make. The EPA will generally not also the final sentence of section A–8: Method 29. consider comments or comment 307(d)(1) of the Clean Air Act (CAA), 42 * * * * * contents located outside of the primary U.S.C. 307(d)(1)), indicating that the [FR Doc. 2017–12968 Filed 6–22–17; 8:45 am] submission (i.e., on the Web, cloud, or good cause provisions in subsection other file sharing system). For BILLING CODE 6560–50–P 553(b) of the APA continue to apply to additional submission methods, the full this type of rulemaking under section EPA public comment policy, 307(d) of the CAA.) ENVIRONMENTAL PROTECTION information about CBI or multimedia submissions, and general guidance on List of Subjects in 40 CFR Part 60 AGENCY making effective comments, please visit Environmental protection, 40 CFR Part 63 http://www2.epa.gov/dockets/ Administrative practice and procedure, commenting-epa-dockets. Air pollution control, Incorporation by [EPA–HQ–OAR–2016–0442; FRL–9964–14– OAR] FOR FURTHER INFORMATION CONTACT: Mr. reference. Brian Storey, Sector Policies and Dated: June 2, 2017. RIN 2060–AT57 Programs Division (D243–04), Office of Air Quality Planning and Standards, Sarah Dunham, National Emission Standards for U.S. Environmental Protection Agency, Acting Assistant Administrator. Hazardous Air Pollutants From the Research Triangle Park, North Carolina For the reasons stated in the Portland Cement Manufacturing 27711; telephone number: (919) 541– preamble, the Environmental Protection Industry: Alternative Monitoring 1103; fax number: (919) 541–5450; and Agency amends title 40, chapter I of the Method Code of Federal Regulations as follows: email address: [email protected]. AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: PART 60—STANDARDS OF Agency (EPA). Organization of This Document. The PERFORMANCE FOR NEW ACTION: Direct final rule. information in this preamble is STATIONARY SOURCES organized as follows: SUMMARY: The EPA is taking direct final I. General Information ■ action to amend the National Emission 1. The authority citation for part 60 A. Why is the EPA using a direct final rule? continues to read as follows: Standards for Hazardous Air Pollutants B. Does this direct final rule apply to me? Authority: 42 U.S.C. 7401, et seq. From the Portland Cement C. What should I consider as I prepare my Manufacturing Industry. This direct ■ 2. In § 60.17: comments for the EPA? ■ a. Redesignate paragraphs (h)(191) final rule provides a compliance II. What are the amendments made by this alternative for sources that would direct final rule? through (202), (204), (205), and (207) as III. Statutory and Executive Order Reviews follows: otherwise be required to use a hydrogen chloride (HCl) continuous emissions A. Executive Order 12866: Regulatory monitoring system (CEMS) to Planning and Review and Executive Old paragraph New paragraph Order 13563: Improving Regulation and demonstrate compliance with the HCl Regulatory Review (h)(191) ...... (h)(192) emissions limit. This compliance B. Paperwork Reduction Act (PRA) (h)(192) ...... (h)(193) alternative is needed due to the current C. Regulatory Flexibility Act (RFA) (h)(193) ...... (h)(194) unavailability of the HCl calibration D. Unfunded Mandates Reform Act (h)(194) ...... (h)(195) gases used for CEMS quality assurance (UMRA) (h)(195) ...... (h)(196) purposes. E. Executive Order 13132: Federalism (h)(196) ...... (h)(197) F. Executive Order 13175: Consultation DATES: This rule is effective on July 5, (h)(197) ...... (h)(198) and Coordination With Indian Tribal (h)(198) ...... (h)(199) 2017 without further notice, unless the Governments (h)(199) ...... (h)(200) EPA receives significant adverse G. Executive Order 13045: Protection of (h)(200) ...... (h)(201) comment by July 3, 2017. If the EPA Children From Environmental Health (h)(201) ...... (h)(204) receives significant adverse comment, Risks and Safety Risks (h)(202) ...... (h)(209) we will publish a timely withdrawal in H. Executive Order 13211: Actions (h)(204) ...... (h)(205) the Federal Register informing the Concerning Regulations That (h)(205) ...... (h)(207) public that the rule will not take effect. Significantly Affect Energy Supply, (h)(207) ...... (h)(208) Distribution, or Use ADDRESSES: Submit your comments, I. National Technology Transfer and ■ b. Add paragraphs (h)(191) and identified by Docket ID No. EPA–HQ– Advancement Act (NTTAA) (h)(202). OAR–2016–0442, at http:// J. Executive Order 12898: Federal Actions The additions read as follows: www.regulations.gov. Follow the online To Address Environmental Justice in instructions for submitting comments. Minority Populations and Low-Income § 60.17 Incorporations by reference. Once submitted, comments cannot be Populations * * * * * edited or removed from Regulations.gov. K. Congressional Review Act (CRA) (h) * * * The EPA may publish any comment I. General Information (191) ASTM D6911–15, Standard received to its public docket. Do not Guide for Packaging and Shipping submit electronically any information A. Why is the EPA using a direct final Environmental Samples for Laboratory you consider to be Confidential rule? Analysis, approved January 15, 2015, Business Information (CBI) or other The EPA is publishing this direct final IBR approved for appendix A–8: information whose disclosure is rule without a prior proposed rule Method 30B. restricted by statute. Multimedia because we view this as a * * * * * submissions (audio, video, etc.) must be noncontroversial action and do not (202) ASTM E617–13, Standard accompanied by a written comment. anticipate significant adverse comment. Specification for Laboratory Weights The written comment is considered the However, in the ‘‘Proposed Rules’’

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section of this Federal Register, we are public docket. Information so marked 15, PS–18, or any other PS for HCl publishing a separate document that will not be disclosed except in CEMS in appendix B to part 60 of this will serve as the proposed rule to amend accordance with procedures set forth in chapter. (See 40 CFR part 60, appendix the National Emission Standards for 40 CFR part 2. Send or deliver B.) Quality assurance procedures for Hazardous Air Pollutants From the information identified as CBI only to the HCl CEMS require that they be capable Portland Cement Manufacturing following address: OAQPS Document of reading HCl concentrations that span Industry, if the EPA receives significant Control Officer (C404–02), U.S. a range of possible emission levels adverse comments on this direct final Environmental Protection Agency, below as well as above expected HCl rule. We will not institute a second Research Triangle Park, North Carolina emission concentrations. These quality comment period on this action. Any 27711, Attention Docket ID No. EPA– assurance procedures require the use of parties interested in commenting must HQ–OAR–2016–0442. National Institute of Standards and do so at this time. For further II. What are the amendments made by Technology (NIST)-traceable calibration information about commenting on this this direct final rule? gases for HCl. rule, see the ADDRESSES section of this Following our decision to create PS– document. Under the rule published in 2013 (78 18 and Procedure 6 for HCl continuous If the EPA receives significant adverse FR 10006, February 12, 2013), the owner monitoring in 2012, the EPA worked comment on all or a distinct portion of or operator of a kiln subject to the with NIST and commercial gas vendors this direct final rule, we will publish a emission limits for HCl in 40 CFR on development of NIST-traceable HCl timely withdrawal in the Federal 63.1343 may demonstrate compliance gas standards to support the PS–18 in Register informing the public that some by one of the following methods: • the 2013 rulemaking. While some of the or all of this direct final rule will not Option 1—An owner or operator of low HCl concentration (<10 parts per take effect. We would address all public a kiln may demonstrate compliance by million, or ppm) NIST-traceable gases comments in any subsequent final rule operating a CEMS meeting the have been available on a limited basis based on the proposed rule. requirements of performance since 2013, the full range of HCl specification (PS) 15, PS–18, or any concentrations required to support all B. Does this direct final rule apply to other PS for HCl CEMS in appendix B me? HCl emissions monitoring technologies to part 60, with compliance based on a (including integrated path that requires Categories and entities potentially 30-kiln operating day rolling average. concentrations 100 times higher) are not regulated by this direct final rule • Option 2—If the kiln is controlled widely available at this time. using a wet scrubber, tray tower, or dry include: The approach used by NIST in 2013 scrubber, the owner or operator, as an was to certify the Research Gas Material Category NAICS code 1 alternative to using a CEMS, may (RGM) cylinders as primary gas demonstrate compliance with the HCl standards. These cylinders contain HCl Portland cement manufac- 327310 limit using one of two options, turing facilities. gas and are provided to NIST by described below. vendors for NIST certification, and 1 North American Industry Classification Under Option 2, a performance test System. must be conducted by the owner or subsequently used by the vendors as transfer standards to prepare the Gas This table is not intended to be operator using Method 321. While conducting the Method 321 Manufacturer Intermediate Standards exhaustive, but rather provides a guide (GMIS). The GMIS cylinders are then for readers regarding entities likely to be performance test (note Method 321 is the HCl stack testing performance used to produce NIST-traceable gas regulated by this direct final rule. To 1 method required by this rule), the owner cylinders that are sold commercially. determine whether your facility is The initial approach used by NIST to affected, you should examine the or operator must simultaneously measure a control device parameter in certify the RGM cylinders was not applicability criteria in 40 CFR 63.1340. viable in the long term as the If you have questions regarding the order to establishe a site-specific parameter limit that must be instrumentation used by NIST largely applicability of any aspect of this action depleted the HCl RGM gas volume, to a particular entity, consult either the continuously monitored to determine leaving little gas in the cylinder for the air permitting authority for the entity or compliance. If the kiln is controlled vendors to use in preparing GMIS your EPA Regional representative as using a wet scrubber or tray tower, the materials. Because of this concern, NIST listed in 40 CFR 63.13. owner or operator must also monitor the pressure drop across the scrubber and/ initiated development of an improved C. What should I consider as I prepare or liquid flow rate and pH during the RGM certification procedure. The my comments for the EPA? HCl performance test. If the kiln is development has been hampered by the Do not submit information containing controlled using a dry scrubber, the challenges presented in handling HCl CBI to the EPA through http:// sorbent injection rate must be monitored gas. HCl gas is extremely reactive and www.regulations.gov or email. Clearly during the performance test. As an difficult to handle in both gas cylinders mark the part or all of the information alternative under Option 2, the owner or and analytically. As such, it has taken that you claim to be CBI. For CBI operator may establish sulfur dioxide considerable time for NIST to optimize the analytical equipment and approach information on a disk or CD–ROM that (SO2) as the operating parameter by to achieve the necessary uncertainty you mail to the EPA, mark the outside measuring SO2 emissions using a CEMS of the disk or CD–ROM as CBI and then simultaneously with the Method 321 requirements (e.g., <1 percent identify electronically within the disk or test and establishing the site-specific uncertainty). In addition, the commercial CD–ROM the specific information that SO2 limit that must then be is claimed as CBI. In addition to one continuously monitored to determine establishment of NIST-traceable gases is complete version of the comments that compliance with the HCl limit. dependent on collaboration between includes information claimed as CBI, a The 2013 rule requires that if a source copy of the comments that does not 1 EPA Traceability Protocol for Assay and chooses to (or is required to) monitor Certification of Gaseous Calibration Standards, U.S. contain the information claimed as CBI HCl emissions using a CEMS (Option 1), EPA, Office of Research and Development, EPA/ must be submitted for inclusion in the they must do so in accordance with PS– 600/R–12/531, May 2012.

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NIST and the specialty gas vendors. times of monitor malfunctions. Thus, A. Executive Order 12866: Regulatory There are a limited number of vendors continuous compliance with the Planning and Review and Executive providing the stable, accurate, low and operating limit will be demonstrated by Order 13563: Improving Regulation and high concentration cylinder gases to using all valid hourly average data Regulatory Review NIST to certify as RGMs. Once the collected by the HCl CPMS for all This action is not a significant RGMs are available, the specialty gas operating hours to calculate the regulatory action and was, therefore, not vendors must complete a series of arithmetic average operating parameter submitted to the Office of Management procedures to establish the certainty of in units of the operating limit (indicated and Budget (OMB) for review. their products which adds to the time to ppm) on a 30-kiln operating day rolling achieve wide commercial availability. average basis, updated at the end of B. Paperwork Reduction Act (PRA) As a result, on July 25, 2016 (81 FR each new kiln operating day. An This action does not impose any new 48356), the EPA provided an additional exceedance of the kiln 30-day operating information collection burden under the compliance alternative for sources that limit would trigger evaluation of the PRA. OMB has previously approved the would otherwise be required to use an control system operation and resetting information collection activities HCl CEMS (Option 1). The alternative the operating limit based on a new contained in the existing regulation (40 was provided for a period of 1 year. In correlation with performance testing. CFR part 63, subpart LLL) and has the alternative, the HCl CEMS was still For kilns with inline raw mills, assigned OMB control number 2060– required to be installed and operated, performance testing and monitoring HCl 0416. This action does not change the but actual compliance with the HCl to establish the site specific operating information collection requirements. emissions limit was determined by a limit must be conducted during both C. Regulatory Flexibility Act (RFA) three-run stack test. The HCl CEMS still raw mill on and raw mill off conditions. provided a continuous readout of HCl As is the case for the PM CPMS I certify that this action will not have emissions, but because the CEMS was requirements (see 40 CFR a significant economic impact on a not calibrated with the required NIST- 63.1349(b)(1)(i)), this alternative for HCl substantial number of small entities traceable calibration gases, the HCl compliance monitoring includes a under the RFA. This action will not measurement was not considered to be scaling factor of 75 percent of the impose any requirements on small sufficiently accurate on an absolute emission standard as a benchmark (2.25 entities. This action does not create any basis for compliance. However, it was ppmv, dry basis at 7-percent oxygen). new requirements or burdens and no found to be sufficient to indicate any Sources that choose this option will costs are associated with this direct final relative change in HCl emissions conduct a Method 321 test to determine action. occurring subsequent to the compliance compliance with the HCl emissions test. Therefore, the HCl CEMS under the D. Unfunded Mandates Reform Act standard and during this testing will compliance alternative functioned as a (UMRA) also monitor their HCl CPMS output in continuous parameter monitoring This action does not contain an system (CPMS), as in the case of the indicated ppm to determine where their unfunded mandate as described in particulate matter (PM) CPMS HCl CPMS output would intersect 75 UMRA, 2 U.S.C. 1531–1538, and does requirement (see 78 FR 10014–10015, percent of their allowed HCl emissions, not significantly or uniquely affect small 10019–10020, February 12, 2013). and set their operating level at that ppm governments. The action imposes no It is the EPA’s understanding that the output. This scaling procedure enforceable duty on any state, local, or availability of NIST-traceable calibration alleviates re-testing concerns for sources tribal governments or the private sector. gases for HCl has not changed since the that operate well below the emission compliance alternative approval in limit and provides greater operational E. Executive Order 13132: Federalism 2016. Thus, the EPA intends to extend flexibility while assuring continuous This action does not have federalism the use of this compliance alternative compliance with the HCl emission implications. It will not have substantial until such time as the NIST-traceable standard. For sources whose Method direct effects on the states, on the calibration gases for HCl become readily 321 compliance tests place them at or relationship between the national available. above 75 percent of the emission government and the states, or on the Under this extension of the standard, their operating limit is distribution of power and compliance alternative, the owner or determined by the average of three responsibilities among the various operator will demonstrate initial Method 321 test runs (for sources with levels of government. compliance by conducting a no inline raw mill) or the time weighted performance test using Method 321 and average of six Method 321 test runs (for F. Executive Order 13175: Consultation will monitor compliance with an kilns with inline raw mills). By and Coordination With Indian Tribal operating parameter limit through use of adopting a scaling factor as well as the Governments the HCl CEMS operating as a HCl CPMS. use of 30 days of averaged HCl CPMS This action does not have tribal For the HCl CPMS, the owner or measurements, the parametric limit in implications, as specified in Executive operator will use the average HCl CPMS no way imposes a stringency level Order 13175. It will neither impose indicated output, typically displayed as higher than the level of the HCl substantial direct compliance costs on parts per million by volume (ppmv), wet emissions standard and will avoid federally recognized tribal governments, basis HCl recorded at in-stack oxygen triggering unnecessary retests for many nor preempt tribal law. The EPA is concentration during the HCl facilities, especially for the lower- aware of one tribally owned Portland performance test to establish the emitting sources. cement facility currently subject to 40 CFR part 63, subpart LLL that will be operating limit. To determine III. Statutory and Executive Order subject to this direct final rule. continuous compliance with the Reviews operating limit, the owner or operator However, the provisions of this direct will record the indicated HCl CPMS Additional information about these final rule are not expected to impose output data for all periods when the statutes and Executive Orders can be new or substantial direct compliance process is operating and use all the HCl found at http://www2.epa.gov/laws- costs on tribal governments since the CPMS data, except data obtained during regulations/laws-and-executive-orders. provisions in this direct final rule are

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extending the use of an alternative to Dated: June 19, 2017. management requirements of the the HCl monitoring provisions, E. Scott Pruitt, program. If the Federal Emergency including an option which provides Administrator. Management Agency (FEMA) receives operational flexibility. Thus, Executive For the reasons stated in the documentation that the community has Order 13175 does not apply to this preamble, the Environmental Protection adopted the required floodplain action. Agency is amending title 40, chapter I, management measures prior to the effective suspension date given in this G. Executive Order 13045: Protection of part 63 of the Code of Federal rule, the suspension will not occur and Children From Environmental Health Regulations (CFR), as follows: a notice of this will be provided by Risks and Safety Risks PART 63—NATIONAL EMISSION publication in the Federal Register on a The EPA interprets Executive Order STANDARDS FOR HAZARDOUS AIR subsequent date. Also, information 13045 as applying to those regulatory POLLUTANTS FOR SOURCE identifying the current participation actions that concern environmental CATEGORIES status of a community can be obtained health or safety risks that the EPA has from FEMA’s Community Status Book ■ reason to believe may 1. The authority citation for part 63 (CSB). The CSB is available at https:// disproportionately affect children, per continues to read as follows: www.fema.gov/national-flood- the definition of ‘‘covered regulatory Authority: 42 U.S.C. 7401 et seq. insurance-program-community-status- action’’ in section 2–202 of the book. Executive Order. This action is not Subpart LLL—National Emission Standards for Hazardous Air Pollutants DATES: The effective date of each subject to Executive Order 13045 community’s scheduled suspension is because it does not concern an From the Portland Cement Manufacturing Industry the third date (‘‘Susp.’’) listed in the environmental health risk or safety risk. third column of the following tables. H. Executive Order 13211: Actions § 63.1349 [Amended] FOR FURTHER INFORMATION CONTACT: If Concerning Regulations That ■ 2. Section 63.1349 is amended by you want to determine whether a Significantly Affect Energy Supply, removing paragraph (b)(6)(v)(H). particular community was suspended Distribution, or Use ■ 3. Section 63.1350 is amended by on the suspension date or for further information, contact Patricia Suber, This action is not subject to Executive revising paragraph (l)(4) to read as Federal Insurance and Mitigation Order 13211 because it is not a follows: Administration, Federal Emergency significant regulatory action under § 63.1350 Monitoring requirements. Management Agency, 400 C Street SW., Executive Order 12866. * * * * * Washington, DC 20472, (202) 646–4149. (l) * * * I. National Technology Transfer and SUPPLEMENTARY INFORMATION: The NFIP Advancement Act (NTTAA) (4) If you monitor continuous performance through the use of an HCl enables property owners to purchase This rulemaking does not involve CPMS according to § 63.1349(b)(6)(v)(A) Federal flood insurance that is not technical standards. through (G), for any exceedance of the otherwise generally available from 30-kiln operating day HCl CPMS private insurers. In return, communities J. Executive Order 12898: Federal agree to adopt and administer local Actions to Address Environmental average value from the established operating limit, you must: floodplain management measures aimed Justice in Minority Populations and at protecting lives and new construction Low-Income Populations * * * * * from future flooding. Section 1315 of [FR Doc. 2017–13185 Filed 6–22–17; 8:45 am] the National Flood Insurance Act of The EPA believes that this action does BILLING CODE 6560–50–P 1968, as amended, 42 U.S.C. 4022, not have disproportionately high and prohibits the sale of NFIP flood adverse human health or environmental insurance unless an appropriate public effects on minority populations, low- DEPARTMENT OF HOMELAND body adopts adequate floodplain income populations, and/or indigenous SECURITY management measures with effective peoples, as specified in Executive Order enforcement measures. The Federal Emergency Management 12898 (59 FR 7629, February 16, 1994). communities listed in this document no Agency This action does not affect the level of longer meet that statutory requirement protection provided to human health or for compliance with program 44 CFR Part 64 the environment. regulations, 44 CFR part 59. K. Congressional Review Act (CRA) [Docket ID FEMA–2017–0002: Internal Accordingly, the communities will be Agency Docket No. FEMA–8485] suspended on the effective date in the This action is subject to the CRA, and third column. As of that date, flood the EPA will submit a rule report to Suspension of Community Eligibility insurance will no longer be available in each House of the Congress and to the AGENCY: Federal Emergency the community. We recognize that some Comptroller General of the United Management Agency, DHS. of these communities may adopt and States. This action is not a ‘‘major rule’’ ACTION: Final rule. submit the required documentation of as defined by 5 U.S.C. 804(2). legally enforceable floodplain List of Subjects in 40 CFR Part 63 SUMMARY: This rule identifies management measures after this rule is communities where the sale of flood published but prior to the actual Environmental protection, insurance has been authorized under suspension date. These communities Administrative practice and procedures, the National Flood Insurance Program will not be suspended and will continue Air pollution control, Hazardous (NFIP) that are scheduled for to be eligible for the sale of NFIP flood substances, Intergovernmental relations, suspension on the effective dates listed insurance. A notice withdrawing the Reporting and recordkeeping within this rule because of suspension of such communities will be requirements. noncompliance with the floodplain published in the Federal Register.

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In addition, FEMA publishes a Flood stating that the community will be Executive Order 12866 of September 30, Insurance Rate Map (FIRM) that suspended unless the required 1993, Regulatory Planning and Review, identifies the Special Flood Hazard floodplain management measures are 58 FR 51735. Areas (SFHAs) in these communities. met prior to the effective suspension Executive Order 13132, Federalism. The date of the FIRM, if one has been date. Since these notifications were This rule involves no policies that have published, is indicated in the fourth made, this final rule may take effect federalism implications under Executive column of the table. No direct Federal within less than 30 days. Order 13132. financial assistance (except assistance National Environmental Policy Act. Executive Order 12988, Civil Justice pursuant to the Robert T. Stafford FEMA has determined that the Reform. This rule meets the applicable Disaster Relief and Emergency community suspension(s) included in standards of Executive Order 12988. Assistance Act not in connection with a this rule is a non-discretionary action Paperwork Reduction Act. This rule flood) may be provided for construction and therefore the National does not involve any collection of or acquisition of buildings in identified Environmental Policy Act of 1969 (42 information for purposes of the SFHAs for communities not U.S.C. 4321 et seq.) does not apply. Paperwork Reduction Act, 44 U.S.C. participating in the NFIP and identified Regulatory Flexibility Act. The 3501 et seq. for more than a year on FEMA’s initial Administrator has determined that this rule is exempt from the requirements of List of Subjects in 44 CFR Part 64 FIRM for the community as having the Regulatory Flexibility Act because flood-prone areas (section 202(a) of the Flood insurance, Floodplains. the National Flood Insurance Act of Flood Disaster Protection Act of 1973, Accordingly, 44 CFR part 64 is 1968, as amended, Section 1315, 42 42 U.S.C. 4106(a), as amended). This amended as follows: U.S.C. 4022, prohibits flood insurance prohibition against certain types of coverage unless an appropriate public PART 64—[AMENDED] Federal assistance becomes effective for body adopts adequate floodplain the communities listed on the date management measures with effective ■ 1. The authority citation for Part 64 shown in the last column. The enforcement measures. The continues to read as follows: Administrator finds that notice and communities listed no longer comply public comment procedures under 5 Authority: 42 U.S.C. 4001 et seq.; with the statutory requirements, and Reorganization Plan No. 3 of 1978, 3 CFR, U.S.C. 553(b), are impracticable and after the effective date, flood insurance 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, unnecessary because communities listed will no longer be available in the 3 CFR, 1979 Comp.; p. 376. in this final rule have been adequately communities unless remedial action § 64.6 [Amended] notified. takes place. Each community receives 6-month, Regulatory Classification. This final ■ 2. The tables published under the 90-day, and 30-day notification letters rule is not a significant regulatory action authority of § 64.6 are amended as addressed to the Chief Executive Officer under the criteria of section 3(f) of follows:

Date certain Federal State and location Community Effective date authorization/cancellation of sale of flood Current effective assistance no No. insurance in community map date longer available in SFHAs

Region VIII Montana: Carbon County, 300139 March 23, 1978, Emerg; November 4, 1981, Reg; July 5, July 5, 2017 ...... July 5, 2017. Unincorporated Areas. 2017, Susp. * -do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: June 14, 2017. FEDERAL COMMUNICATIONS interoperability into the Commission’s Michael M. Grimm, COMMISSION telecommunications relay service (TRS) Assistant Administrator for Mitigation, rules, pending the Commission’s Federal Insurance and Mitigation 47 CFR Part 64 consideration of server-based routing. Administration, Department of Homeland DATES: Effective June 23, 2017 the Security, Federal Emergency Management [CG Docket Nos. 10–51 and 03–123; FCC Agency. 17–26] compliance date for the VRS Provider Interoperability Profile, 47 CFR [FR Doc. 2017–12991 Filed 6–22–17; 8:45 am] Structure and Practices of the Video 64.621(b), as published at 82 FR 19322, BILLING CODE 9110–12–P Relay Services Program April 27, 2017 is delayed indefinitely. AGENCY: Federal Communications ADDRESSES: Federal Communications Commission. Commission, 445 12th Street SW., ACTION: Final rule; delay of compliance Washington, DC 20554. date. FOR FURTHER INFORMATION CONTACT: Bob SUMMARY: In this document, the Aldrich, Consumer and Governmental Commission sets aside the effectiveness, Affairs Bureau, (202) 418–0996, email in part, of the VRS Interoperability [email protected], or Eliot Order, in which the Consumer and Greenwald, Consumer and Governmental Affairs Bureau (CGB) Governmental Affairs Bureau, (202) incorporated certain technical standards 418–2235, email Eliot.Greenwald@ on video relay service (VRS) fcc.gov.

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SUPPLEMENTARY INFORMATION: This is a Synopsis DEPARTMENT OF THE INTERIOR summary of the Commission’s Structure Order on Server Based Routing and Practices of the Video Relay Service Fish and Wildlife Service Program; Telecommunications Relay 1. By way of background, in the VRS Services and Speech-to-Speech Services Interoperability Order, DA 17–76, the 50 CFR Part 17 for Individuals with Hearing and Speech VRS Provider Interoperability Profile [Docket No. FWS–R1–ES–2016–0102; Disabilities, Order, document FCC 17– that was incorporated into the FXES11130900000 178 FF09E42000] 26, adopted on March 23, 2017, and Commission’s rules provides for the released on March 23, 2017 in CG routing of inter-provider VRS and point- RIN 1018–BB74 Docket Nos. 10–51 and 03–123. The to-point video calls to a server of the Endangered and Threatened Wildlife Notice of Inquiry and Further Notice of terminating VRS provider that serves and Plants; Establishment of a Proposed Rulemaking, FCC 17–26, multiple VRS users and devices, rather Nonessential Experimental Population adopted on March 23, 2017, and than directly to a specific device. The of the Oregon Silverspot Butterfly in released on March 23, 2017, was technical standard specifies the Northwestern Oregon published at 82 FR 17613, April 12, inclusion of call routing information in 2017; and the Report and Order, FCC the TRS Numbering Directory that AGENCY: Fish and Wildlife Service, 17–26, adopted on March 23, 2017, and contains, in addition to the call Interior. released on March 23, 2017, was recipient’s telephone number, a VRS ACTION: Final rule. published at 82 FR 17754, April 13, provider domain name, rather than a 2017. The full text of these documents user-specific IP address. However, 47 SUMMARY: We, the U.S. Fish and are available for public inspection and CFR 64.613(a) currently requires that Wildlife Service (Service or USFWS), copying via ECFS, and during regular the URI for a VRS user’s telephone with the support of the State of Oregon business hours at the FCC Reference number ‘‘shall contain the IP address of Parks and Recreation Department Information Center, Portals II, 445 12th the user’s device.’’ (OPRD), will reestablish the Oregon Street SW., Room CY–A257, 2. The Commission has determined silverspot butterfly (Speyeria zerene Washington, DC 20554. To request that until it acts on the Further Notice hippolyta)—a threatened species under materials in accessible formats for of Proposed Rulemaking in document the U.S. Endangered Species Act, as people with disabilities (Braille, large FCC 17–26, which proposes to amend amended (Act)—within its historical print, electronic files, audio format), 47 CFR 64.613 to allow such server- range at two sites in northwestern send an email to [email protected] or call based routing, 47 CFR 64.613 does not Oregon: Saddle Mountain State Natural the Consumer and Governmental Affairs authorize VRS providers to provide to Area (SNA) in Clatsop County, and Bureau at (202) 418–0530 (voice), (844) and retrieve from the TRS Numbering Nestucca Bay National Wildlife Refuge 432–2272 (videophone), or (202) 418– Directory the routing information (NWR) in Tillamook County. This final 0432 (TTY). specified by the VRS Provider rule classifies the reintroduced Interoperability Profile. populations as a nonessential Congressional Review Act experimental population (NEP) under 3. Document DA 17–76 sets August the authority of section 10(j) of the Act The Commission sent a copy of 25, 2017 as the deadline for compliance and provides for allowable legal document FCC 17–26 to Congress and with the VRS Provider Interoperability incidental taking of the Oregon the Government Accountability Office Profile. 47 CFR 64.621(b)(1). To avoid silverspot butterfly within the defined pursuant to the Congressional Review the possibility of subjecting VRS NEP areas. Act, see 5 U.S.C. 801(a)(1)(A). providers to conflicting obligations pending Commission action on the DATES: This final rule is effective June Final Paperwork Reduction Act of 1995 23, 2017. Analysis Further Notice of Proposed Rulemaking, in document FCC 17–26 Order, the ADDRESSES: This final rule is available FCC 17–26 Report and Order contains Commission sets aside on its own on http://www.regulations.gov at Docket a modified information collection. The motion the effectiveness of document No. FWS–R1–ES–2016–0102 and on our Commission, as part of its continuing DA 17–76 and 47 CFR 64.621(b)(1) with Web site at https://www.fws.gov/ effort to reduce paperwork burdens, respect to the August 25, 2017 deadline oregonfwo/. Comments and materials invites the general public to comment for compliance with the VRS Provider we received, as well as supporting on the modified information collection Interoperability Profile. documentation we used in preparing requirements contained in FCC 17–26 this rule, are also available for public Report and Order, as required by the Ordering Clauses inspection at http:// Paperwork Reduction Act (PRA), Public Pursuant to sections 1, 2, 225, and 251 www.regulations.gov. All comments, Law 104–13, in a separate published of the Communications Act of 1934, as materials, and documentation that we Federal Register Notice (Notice). Public amended, 47 U.S.C. 151, 152, 225, 251, considered in this rulemaking are and agency comments are due on or document FCC 17–26 is adopted. available for public inspection, by before August 11, 2017. See Information The Commission’s Consumer and appointment, during normal business Collection Being Reviewed by the Governmental Affairs Bureau, Reference hours, at the Newport Field Office, U.S. Federal Communications Commission, Information Center, has sent a copy of Fish and Wildlife Service, 2127 SE Notice, published at 82 FR 26927, June document FCC 17–26 to the Chief Marine Science Drive, Newport, OR 12, 2017. In addition, this document Counsel for Advocacy of the Small 97365; telephone 541–867–4558. does not contain any new or modified Business Administration. Persons who use a telecommunications information collection burden for small device for the deaf (TDD) may call the business concerns with fewer than 25 Federal Communications Commission. Federal Relay Service (FRS) at 1–800– employees, pursuant to the Small Marlene H. Dortch, 877–8339. Business Paperwork Relief Act of 2002, Secretary. FOR FURTHER INFORMATION CONTACT: Public Law 107–198, see 44 U.S.C. [FR Doc. 2017–12957 Filed 6–22–17; 8:45 am] Laura Todd, Field Supervisor, at the 3506(c)(4). BILLING CODE 6712–01–P Newport Field Office, U.S. Fish and

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Wildlife Service, 2127 SE Marine ‘‘experimental populations.’’ The (2) There are ongoing management Science Drive, Newport, OR 97365; provisions of section 10(j) were enacted efforts, including captive rearing and telephone 541–867–4558. Persons who to ameliorate concerns that reintroduced release, to maintain or expand Oregon use a TDD may call the Federal Relay populations will negatively impact silverspot butterfly populations at these Service (FRS) at 1–800–877–8339. landowners and other private parties, by five locations (VanBuskirk 2010, entire; SUPPLEMENTARY INFORMATION: giving the Secretary greater regulatory USFWS 2012, entire). flexibility and discretion in managing (3) The experimental population will Background the reintroduction of listed species to not provide demographic support to the Statutory and Regulatory Framework encourage recovery in collaboration existing wild populations (see Location with partners, especially private and Boundaries of the NEP, below). We listed the Oregon silverspot (4) The experimental population will butterfly as a threatened species under landowners. Under section 10(j) of the Act and our regulations at 50 CFR 17.81, not possess any unique genetic or the Act (16 U.S.C. 1531 et seq.) on adaptive traits that differ from those in October 15, 1980 (45 FR 44935, July 2, the Service may designate an endangered or threatened species that the wild populations because it will be 1980). We designated critical habitat for established using donor stock from the Oregon silverspot butterfly at the has been or will be released into suitable natural habitat outside the extant wild populations of Oregon time of listing (45 FR 44935, July 2, silverspot butterflies (see Donor Stock 1980). On December 23, 2016, we species’ current natural range (but within its probable historical range, Assessment and Effects on Donor published in the Federal Register a Populations, below). proposed rule to establish a absent a finding by the Director of the Service in the extreme case that the (5) Loss of the experimental nonessential experimental population of population will not preclude other the Oregon silverspot butterfly in primary habitat of the species has been unsuitably and irreversibly altered or recovery options, including future northwestern Oregon (81 FR 94296). efforts to reestablish Oregon silverspot The comment period on the proposed destroyed) as an experimental population. butterfly populations elsewhere. rule was open for 60 days, through Therefore, we conclude the As discussed below (see Relationship February 21, 2017. Comments on the reintroduced populations of Oregon of the NEP to Recovery Efforts), we proposed rule are addressed below, silverspot butterfly at two sites in under Summary of Comments and intend to reintroduce the Oregon northwest Oregon are appropriately Recommendations. silverspot butterfly into areas of suitable established as a nonessential Species listed as endangered or habitat within its historical range for the experimental population (NEP) under threatened are afforded protection purpose of restoring populations to meet section 10(j) of the Act. primarily through the prohibitions of recovery goals. Oregon silverspot With the NEP designation, the section 9 of the Act and the butterfly populations have been reduced relevant population is treated as if it requirements of section 7 of the Act. from at least 20 formerly known were listed as a threatened species for Section 9 of the Act, among other locations to only 5, thus reintroductions the purposes of establishing protective things, prohibits the take of endangered are important to achieve biological regulations, regardless of the species’ wildlife. ‘‘Take’’ is defined by the Act as redundancy in populations and to designation elsewhere in its range. This harass, harm, pursue, hunt, shoot, broaden the distribution of populations approach allows us to develop tailored wound, kill, trap, capture, or collect, or within the geographic range of the take prohibitions that are necessary and attempt to engage in any such conduct. subspecies. The restoration of multiple advisable to provide for the Our regulations in title 50 of the Code populations of the Oregon silverspot conservation of the species. In these of Federal Regulations (50 CFR 17.31) butterfly distributed across its range is situations, the general regulations that generally extend the prohibition of take one of the recovery criteria identified for extend most section 9 prohibitions to to threatened wildlife species. Section 7 the subspecies (USFWS 2001, pp. 39– threatened species do not apply to that of the Act outlines the procedures for 41). species. The protective regulations Federal interagency cooperation to When we establish experimental adopted for an experimental population conserve federally listed species and populations under section 10(j) of the in a section 10(j) rule contain the protect designated critical habitat. It Act, we must determine whether such a applicable prohibitions and exceptions mandates that all Federal agencies use population is essential or nonessential for that population. These section 9 their existing authorities to further the to the continued existence of the prohibitions and exceptions apply on all purposes of the Act by carrying out species. This determination is based lands within the NEP. programs for the conservation of listed solely on the best scientific and For the purposes of section 7 of the species. It also states that Federal commercial data available. Our Act, which addresses Federal agencies must, in consultation with the regulations (50 CFR 17.80(b)) state that cooperation, we treat an NEP as a Service, ensure that any action they an experimental population is threatened species when the NEP is authorize, fund, or carry out is not likely considered essential if its loss would be located within a National Wildlife to jeopardize the continued existence of likely to appreciably reduce the Refuge or unit of the National Park a listed species or result in the likelihood of survival of that species in Service, and Federal agency destruction or adverse modification of the wild. All other populations are conservation requirements under designated critical habitat. Section 7 of considered nonessential. We find the section 7(a)(1) and the Federal agency the Act does not affect activities experimental population of Oregon consultation requirements of section undertaken on private land unless they silverspot butterfly in northwestern 7(a)(2) of the Act apply. Section 7(a)(1) are authorized, funded, or carried out by Oregon to be nonessential for the of the Act requires all Federal agencies a Federal agency. following reasons: to use their authorities to carry out The 1982 amendments to the Act (16 (1) Oregon silverspot butterflies are programs for the conservation of listed U.S.C. 1531 et seq.) included the currently found at five locations, from species. Section 7(a)(2) requires that addition of section 10(j), which allows the central Oregon coast to northern Federal agencies, in consultation with for the designation of reintroduced California (see Biological Information, the Service, ensure that any action they populations of listed species as below). authorize, fund, or carry out is not likely

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to jeopardize the continued existence of 10(j) must provide: (1) Appropriate coast of Del Norte County, California; a listed species or adversely modify its means to identify the experimental two on the central Oregon coast in Lane critical habitat. When NEPs are located population, including, but not limited County, Oregon; and two in Tillamook outside a National Wildlife Refuge or to, its actual or proposed location, County, Oregon. With the exception of National Park Service unit, then, for the actual or anticipated migration, number the two populations on the central purposes of section 7, we treat the of specimens released or to be released, Oregon coast that are only about 5 miles population as proposed for listing and and other criteria appropriate to identify (mi) (8 kilometers (km)) apart, all only section 7(a)(1) and section 7(a)(4) the experimental population(s) (see remaining populations are of the Act apply. In these instances, Location and Boundaries of the NEP, geographically isolated from one NEPs provide additional flexibility below); (2) a finding, based solely on the another (USFWS 2001, pp. 8–10). because Federal agencies are not best scientific and commercial data The Oregon silverspot butterfly has a required to consult with us under available, and the supporting factual 1-year life cycle, which begins when section 7(a)(2). Section 7(a)(4) requires basis, on whether the experimental female adults lay eggs on or near early Federal agencies to confer (rather than population is, or is not, essential to the blue violets (Viola adunca) during their consult) with the Service on actions that continued existence of the species in the flight period from mid-August through are likely to jeopardize the continued wild (see discussion in this section, September. The eggs hatch within 10 existence of a species proposed to be above); (3) management restrictions, days. The tiny first-instar caterpillars eat listed. The results of a conference are in protective measures, or other special their eggshells and then go into the form of conservation management concerns of that diapause, a hibernation-like state, until recommendations that are optional to population, which may include but are late spring the following year when the agencies carrying out, funding, or not limited to, measures to isolate and/ violets begin growing. Caterpillars are authorizing activities. In this case, the or contain the experimental population cryptic in habits and feed on early blue NEP area within Nestucca Bay NWR designated in the regulation from violets and a few other Viola species will still be subject to the provisions of natural populations (see Extent to until pupation in the summer. Adult section 7(a)(2), and intra-agency Which the Reintroduced Population emergence starts in July and extends consultation would be required on the May Be Affected by Land Management into September. refuge. Section 7(a)(2) consultation Within the NEP, below); and (4) a The Oregon silverspot butterfly would not be required outside of the process for periodic review and occupies three types of grassland refuge. evaluation of the success or failure of habitat: marine terrace and coastal Before authorizing the release as an the release and the effect of the release headland meadows, stabilized dunes, experimental population (including on the conservation and recovery of the and montane grasslands. Key resources eggs, propagules, or individuals) of an species (see Reintroduction needed by the Oregon silverspot endangered or threatened species, and Effectiveness Monitoring and Donor butterfly in all of these habitats include: before authorizing any necessary Population Monitoring, below). (1) The early blue violet, which is the transportation to conduct the release, Under 50 CFR 17.81(d), the Service primary host plant for Oregon silverspot the Service must find, by regulation, must consult with appropriate State fish caterpillars; (2) a variety of nectar plants that such release will further the and wildlife agencies, local that bloom during the butterfly flight conservation of the species. In making governmental entities, affected Federal period, including, but not limited to, such a finding, the Service uses the best agencies, and affected private yarrow (Achillea millefolium), pearly scientific and commercial data available landowners in developing and everlasting (Anaphalis margaritacea), to consider the following factors (see 49 implementing experimental population Pacific aster (Symphyotrichum FR 33893, August 27, 1984): (1) Any rules. To the maximum extent chilense), Canada goldenrod (Solidago possible adverse effects on extant practicable, section 10(j) rules represent canadensis), tansy ragwort (Senecio populations of a species as a result of an agreement between the Service, the jacobaea), and edible thistle (Cirsium removal of individuals, eggs, or affected State and Federal agencies, and edule); (3) grasses and forbs in which propagules for introduction elsewhere persons holding any interest in land that the larvae find shelter; and (4) trees (see Donor Stock Assessment and may be affected by the establishment of surrounding occupied meadows, which Effects on Donor Populations, below); an experimental population. provide shelter for adult butterflies (45 (2) the likelihood that any such Section 10(j)(2)(C)(ii) of the Act states FR 44935, July 2, 1980, p. 44939; experimental population will become that critical habitat shall not be USFWS 2001, p. 12). established and survive in the designated for any experimental Habitat quality is largely determined foreseeable future (see Likelihood of population that is determined to be by violet densities and the abundance Population Establishment and Survival, nonessential. Accordingly, we cannot and availability of nectar plants during below); (3) the relative effects that designate critical habitat in areas where the flight season. Field studies have establishment of an experimental we establish an NEP. demonstrated that female Oregon population will have on the recovery of silverspot butterflies select areas with Biological Information the species (see Relationship of the NEP high violet densities for egg-laying to Recovery Efforts, below); and (4) the The Oregon silverspot butterfly is a (Damiani 2011, p. 7). Based on extent to which the introduced small, darkly marked coastal subspecies laboratory studies, from 200 to 300 population may be affected by existing of the Zerene fritillary, a widespread violet leaves are needed to allow an or anticipated Federal or State actions or butterfly species in montane western Oregon silverspot butterfly to develop private activities within or adjacent to North America (USFWS 2001, p. 1). from caterpillar to pupae (Andersen et the experimental population area (see Historically, the Oregon silverspot al. 2009, p. 7). The caterpillars have Extent to Which the Reintroduced butterfly was documented at 20 limited foraging ability beyond a 3.3- Population May Be Affected by Land locations, from the border of northern foot (ft) (1-meter (m)) distance Management Within the NEP, below). California to the southern coast of (Bierzychudek et al. 2009, p. 636). In the Furthermore, as set forth at 50 CFR Washington (McCorkle et al. 1980, p. 7). wild, a caterpillar would require a 17.81(c), all regulations designating Its current distribution is limited to five clump of approximately 16 violet plants experimental populations under section locations, one near Lake Earl, along the for development, assuming each violet

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could provide about 12 to 20 leaves California; and at least one viable between populations. There is an (USFWS 2012, p. 8). Based on studies of Oregon silverspot butterfly population extremely small potential that other butterflies, nectar abundance and exists in protected habitat in each of the butterflies dispersing 4.1 mi (6.8 km) quality are also important to adult following areas: Long Beach Peninsula, from the release site on Nestucca Bay survival and particularly fecundity Washington, and Clatsop Plains, NWR may interact with butterflies (Boggs and Ross 1993, p. 436; Schultz Oregon. This criterion includes the dispersing 4.1 mi (6.8 km) from Cascade and Dlugosch 1999, p. 231; Mevi-Schutz development of comprehensive Head, because these locations are 8 mi and Erhard 2005, p. 411). Therefore, we management plans. (13 km) apart. Nevertheless, the consider high-quality Oregon silverspot 2. Habitats are managed long term to likelihood of butterflies from these two butterfly habitat to have large numbers maintain native, early successional sites interbreeding is remote because of of violets distributed in dense patches grassland communities. Habitat the distance between the sites and the for caterpillar forging and an abundance management maintains and enhances fact that there is little or no suitable of nectar plants of differing species, early blue violet abundance, provides a habitat with appropriate larval host blooming throughout the butterfly flight minimum of five native nectar species plants and adult nectar sources between period (USFWS 2012, p. 8). dispersed abundantly throughout the Nestucca Bay NWR and Cascade Head. Historically, habitats with these key habitat and flowering throughout the Even if butterflies dispersed and were resources were likely widely distributed entire flight-period, and reduces the present within the same area, we do not along the Oregon and Washington coasts abundance of invasive, nonnative plant believe the occasional presence of a few (Hammond and McCorkle 1983, p. 222). species. individual butterflies meets a minimal Loss of habitat and key resources 3. Managed habitat at each population biological definition of a population. occurred as a result of human site supports a minimum viable As with definitions of ‘‘population’’ development and due to ecological population of 200 to 500 butterflies for used in other experimental population succession and invasion of shrubs, trees, at least 10 years. rules (e.g., 59 FR 60252, November 22, and tall introduced grasses, which The reintroduction of Oregon 1994; 71 FR 42298, July 26, 2006), we crowd-out the subspecies’ host plants silverspot butterflies within the NEP believe that a determination that a and nectar resources (Hammond and area will help address the limited population is not geographically McCorkle 1983, p. 222). Loss of habitat number of populations and the separate from the NEP area would was the primary threat to the subspecies subspecies’ diminished geographic require the presence of sufficient identified in our 2001 Revised Recovery range. In addition, it is likely to suitable habitat in the intervening area Plan for the Oregon Silverspot Butterfly contribute to meeting recovery criteria, to support successfully reproducing (USFWS 2001, entire). More recently, as both NEP areas have the biological Oregon silverspot butterflies over during a periodic review of the attributes to support a viable population multiple years. Because there is little to subspecies’ status, we identified the of butterflies and will be managed no suitable habitat between Nestucca reduced size, number, and isolation of consistent with the subspecies’ Bay NWR and Cascade Head, we Oregon silverspot butterfly populations biological needs. conclude that although an occasional as additional severe and imminent Location and Boundaries of the NEP individual may move into this area, threats to the subspecies (USFWS 2012, population establishment is unlikely to pp. 24–25). Section 10(j) of the Act requires that occur. Biologically, the term Additional information on the an experimental population be ‘‘population’’ is not normally applied to biology, habitat, and life history of the geographically separate from other dispersing individuals, and any butterfly can be found in our Revised populations of the same species. We individual butterflies would be Recovery Plan for the Oregon Silverspot identified the boundary of the NEP as considered emigrants from the Cascade Butterfly (Speyeria zerene hippolyta) those Public Land Survey System Head population. Finally, a few (USFWS 2001, pp. 11–19), which is sections intersecting with a 4.25-mi (6.8- butterflies would not be considered a available online at http:// km) radius around the release locations. self-sustaining population. Self- www.regulations.gov under Docket No. This boundary was selected to sustaining populations need a sufficient FWS–R1–ES–2016–0102 or by encompass all likely movements of number of individuals to avoid contacting the person listed under FOR Oregon silverspot butterflies away from inbreeding depression and occurrences FURTHER INFORMATION CONTACT, above. the release areas while maintaining of chance local extinction; a general rule geographic separation from existing of thumb is that the effective population Relationship of the NEP to Recovery populations. This 4.25-mi (6.8-km) size needs to be at least 50 to reduce the Efforts radius is greater than the longest known likelihood of extinction in the short We are establishing an NEP to flight distance of the Oregon silverspot term because of harmful effects of promote the conservation and recovery butterfly (4.1 mi (6.6 km)) (VanBuskirk inbreeding depression on demographic of the Oregon silverspot butterfly. The and Pickering 1999, pp. 3–4, Appendix rates, and at least 500 to retain sufficient recovery strategy for the Oregon 1). Although this flight distance had genetic variation to allow for future silverspot butterfly, as detailed in our previously been reported as ‘‘5 miles’’ adaptive change (Jamieson and 2001 revised recovery plan, is to protect (VanBuskirk and Pickering 1999, p. 4; Allendorf 2012, p. 578). and manage habitat, and to augment and USFWS 2010, p. 10), a more precise restore populations (USFWS 2001, pp. measurement using the locations where Saddle Mountain State Natural Area 39–41). Recovery criteria for the Oregon the individual butterfly in question was Saddle Mountain SNA, managed by silverspot butterfly are (USFWS 2001, p. marked and recaptured (rather than the OPRD, is located in central Clatsop 42): general distance between the County, in northwest Oregon. Saddle 1. At least two viable Oregon populations) resulted in a distance of Mountain was historically occupied by silverspot butterfly populations exist in 4.1 mi (6.8 km). the Oregon silverspot butterfly, which protected habitat in each of the The NEP areas are geographically was last documented at this site in 1973 following areas: Coastal Mountains, isolated from existing Oregon silverspot (McCorkle et al. 1980, p. 8). Butterfly Cascade Head, and Central coast in butterfly populations by a sufficient surveys in 1980 and more recent Oregon; and Del Norte County in distance to preclude significant contact surveys during the butterfly flight

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period—in 2003, 2006, and 2010—did therefore, we do not expect butterflies to provide the plant community needed for not document the species at Saddle use areas outside of Saddle Mountain the butterfly to become established and Mountain (Mike Patterson, pers. comm. SNA. to support a population. Reintroduction 2016), and the population there is of the Oregon silverspot butterfly as an Nestucca Bay National Wildlife Refuge presumed to be extirpated (VanBuskirk NEP in this area will address adjacent 2010, p. 27). The nearest extant Oregon The Nestucca Bay NWR, managed by landowner concerns regarding the silverspot butterfly population is 50 the Service, is located in the southwest impact a federally listed species might miles (80 km) south at Mount Hebo. corner of Tillamook County, along the have on the sale or development of their Saddle Mountain SNA is a 3,225-acre northern Oregon coast. Although the property. As little or no suitable habitat (ac) (1,305-hectare (ha)) park known for Oregon silverspot butterfly was never is currently available on adjacent its unique botanical community, which documented at this site, it is within the properties, and Oregon silverspot thrives on the thin rocky soils, with few historical range of the subspecies along butterflies are sedentary and non- invasive weeds. Habitat suitable for the the coast, and a small amount of migratory, we consider the likelihood of Oregon silverspot butterfly consists of remnant coastal prairie occurred on the butterflies moving on to these adjacent approximately 60 ac (24 ha) of meadows site prior to commencement of lands to be low. Despite a few adjacent on the slopes of Saddle Mountain near restoration efforts in 2011. Therefore, it properties through which Oregon its upper peaks at 3,288 ft (1,002 m) is reasonable to assume that the Oregon silverspot butterflies might occasionally above sea-level. Based on recent plant silverspot butterfly once inhabited the move, the primary surrounding land surveys (OPRD 2012, p. 2), the release area, but no surveys were conducted to cover is agriculture and forest (USFWS site contains high-quality butterfly document its presence. Currently 2013, p. 4–3), which are not suitable habitat with sufficient densities of the occupied Oregon silverspot butterfly habitat for the subspecies; therefore, requisite species (Viola adunca and sites nearest to the NEP area are 10 mi occurrence of Oregon silverspot native nectar plants) to support an (16 km) to the east at Mount Hebo and butterflies in surrounding areas, if any, Oregon silverspot butterfly population 8 mi (13 km) south at Cascade Head, is expected to be limited. (USFWS 2001, pp. 13–14). Habitat with little or no suitable habitat in quality has been maintained through between. There are currently no known Likelihood of Population Establishment natural processes including vertical extant Oregon silverspot butterfly and Survival drainage patterns associated with steep populations to the north of the release The best available scientific data ridges, thin rocky soils, elevation, and site, but the subspecies was historically indicate that the reintroduction of winter snow cover within the forb-rich documented near Cape Meares, 20 mi Oregon silverspot butterflies into Roemer fescue (Festuca roemeri) (32 km) to the north of Nestucca Bay suitable habitat is biologically feasible montane grassland community (ONHIC NWR, where it was last observed in and would promote the conservation of 2004, p. 2). In a letter to the Service 1968 (McCorkle et al. 1980, p. 7). the species. Oregon silverspot butterfly dated October 15, 2011, and a follow up The Nestucca Bay National Wildlife population augmentations have been letter dated February 12, 2016, OPRD Refuge Comprehensive Conservation conducted on the central Oregon coast expressed their desire to have an NEP of Plan includes a goal to promote the from 2000 through 2015 (USFWS 2012, Oregon silverspot butterfly and to return recovery of the Oregon silverspot p. 10; Engelmeyer 2015, p. 4). Based on this native pollinator to the ecosystem butterfly by establishing an NEP on the the knowledge gained from these efforts, (OPRD in litt., 2011; OPRD in litt., refuge (USFWS 2013, p. 2–4). The we anticipate the NEP areas will become 2016). approximately 1,203-ac (487-ha) refuge successfully established. Butterflies will We will reintroduce the Oregon has 25 to 30 ac (10 to 12 ha) of coastal be released into high-quality habitat in silverspot butterfly at the Saddle prairie habitat in varying stages of sufficient amounts to support large Mountain NEP area, centered on the restoration, including the conversion of butterfly populations, and no coastal prairie habitat on top of Saddle degraded grasslands on the Cannery Hill unaddressed threats to the species are Mountain. The NEP encompasses all the Unit from nonnative pasture grasses to known to exist at these sites. Public Land Survey System sections native coastal grasses and forbs with an The coastal headland meadows of the that intersect with a 4.25-mi (6.8-km) emphasis on the plant species and Nestucca Bay NWR are being restored radius around the release area. The structure required to support the Oregon with the specific intent of providing subspecies is generally sedentary within silverspot butterfly. Since 2011, high densities of the plant species habitat areas, and the reintroduced invasive weed abundance has been needed by the Oregon silverspot butterflies are expected to stay in or minimized, and thousands of violet and butterfly. Ongoing habitat enhancement near meadows on top of Saddle nectar plants have been planted to and management will maintain suitable Mountain, which have an abundance of enhance and restore the coastal prairie habitat and minimize the abundance the plant species they need to survive. ecosystem. Funding acquired by the and distribution of invasive, nonnative The Saddle Mountain butterfly refuge in 2015 is now being used to plant species, which degrade habitat population will be released into complete habitat restoration on the quality. The Nestucca Bay NWR has permanently protected suitable habitat. remaining acreage prior to the release of committed to the management required Reintroduction of the Oregon silverspot Oregon silverspot butterflies. to restore and maintain suitable habitat butterfly as an NEP in this area will The NEP area is centered on coastal specifically for a population of the address OPRD’s concerns regarding prairie habitat on the Cannery Hill Unit Oregon silverspot butterfly. The upper potential impacts to park management of the refuge, where we will release meadows of the Saddle Mountain SNA activities, such as trail maintenance, Oregon silverspot butterflies. The NEP have an abundance of the key resources, and potential opposition from encompasses all Public Land Survey including an intact plant community surrounding landowners to the System sections that intersect with a with an abundance of plants needed to reintroduction of a federally listed 4.25-mi (6.8-km) radius around the support the Oregon silverspot butterfly. species without an NEP. Surrounding release area. We will release Oregon Habitat quality has been maintained land cover is primarily forest (OPRD silverspot butterflies into permanently through natural processes, including 2014, pers. comm.) and is not suitable protected suitable habitat at Nestucca vertical drainage patterns associated Oregon silverspot butterfly habitat; Bay NWR, which will be managed to with steep ridges, thin rocky soils,

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elevation, and winter snow cover within The Nestucca Bay NWR will address period to monitor population the forb-rich Roemer fescue montane habitat threats by monitoring and establishment success. Butterfly survey grassland community (ONHIC 2004, p. maintaining habitat quality for the methods used at the occupied sites 2). The habitat at Saddle Mountain is benefit of the Oregon silverspot (Pollard 1977, p. 116; Pickering 1992, p. self-sustaining, does not require active butterfly, in accordance with the 3) will also be used to assess population management (see Addressing Causes of Nestucca Bay National Wildlife Refuge establishment success in the NEP areas. Extirpation, below), and is adequately Comprehensive Conservation Plan, Donor Stock Assessment and Effects on protected. Additionally, within both which sets specific targets for Donor Populations NEP areas, large trees surrounding the abundance of violet and nectar species. meadows provide needed cover for All management actions taken in the Individual Oregon silverspot sheltering Oregon silverspot butterflies. vicinity of the reintroduced population butterflies used to establish populations Based on all of these considerations, will defer to the habitat needs of the at both NEP areas will most likely come we anticipate that reintroduced Oregon butterfly (USFWS 2013, pp. 4–37–4–43). from the offspring of the Mount Hebo silverspot butterflies are likely to As described above, the Nestucca Bay population. Additional genetic research become established and persist at NWR is actively working to restore on the subspecies is in progress and Nestucca Bay NWR and Saddle habitat specifically for the benefit of the may suggest that butterflies from other Mountain SNA. Oregon silverspot butterfly in populations should be included in the captive-rearing program to enhance Addressing Causes of Extirpation anticipation of a potential reintroduction. Restoration efforts have genetic diversity. If populations other The largest threat to Oregon silverspot proven successful in establishing high- than the Mount Hebo population are butterfly populations is a lack of quality habitat that is likely to support used as donor stock, we will evaluate suitable habitat. Without regular all life stages of the subspecies. the impact of taking females from those disturbance, coastal prairie habitat is Nestucca Bay NWR’s demonstrated populations on the survival and vulnerable to plant community commitment to reestablishing and recovery of the subspecies prior to succession, resulting in loss of prairie maintaining high-quality habitat issuing a recovery permit for such take. habitat to brush and tree invasion. suitable for the Oregon silverspot The Mount Hebo Oregon silverspot Invasive, nonnative plants also play a butterfly is expected to contribute to the butterfly population has historically significant role in the degradation of successful establishment of the NEP at been the largest and most stable habitat quality and quantity for this this site. population, averaging an annual index butterfly. count of 1,457 butterflies per year The reasons for the extirpation of the Release Procedures between 2000 to 2014 (USFWS 2012, p. original population of Oregon silverspot We will use captive-reared butterflies 10; Patterson 2014, p. 11); therefore, it butterflies on Saddle Mountain between to populate the NEP areas using proven is the least likely to be impacted by the 1973 and 1980 are unknown. The release methods developed by the removal of up to 5 percent of the habitat on top of Saddle Mountain is Oregon silverspot butterfly population population. Demographic modeling currently suitable for supporting a augmentation program from 2000 to indicates that the optimal strategy for population of the butterfly. The 2015 (USFWS 2012, p. 10; Engelmeyer captive-rearing of Oregon silverspot grassland habitat at this location has 2015, p. 2). We will release captive- butterflies to increase the probability of been self-sustaining likely due to the reared caterpillars or pupae into suitable persistence is to take females from larger 3,000-ft (914-m) elevation, thin rocky habitat within the NEP areas, following donor populations (Crone et al. 2007, p. soil type, steep slopes, primarily native the guidance in the Captive Propagation 108). Regional persistence can be composition of the plant community, and Reintroduction Plan for the Oregon increased with captive-rearing, with and lack of human disturbance to the Silverspot Butterfly (VanBuskirk 2010, negligible effects on the donor ecosystem. The Saddle Mountain SNA, entire). We will determine the number population (Crone et al. 2007, pp. 107– protected as a special botanical area, has of individuals to release based on the 108). Measurable increases in regional an annual day-use rate of 68,928 visitors number of available healthy offspring persistence are predicted when one per year. OPRD maintains a trail, and the amount of suitable habitat assumes each donor female produces accessible only by foot, which leads to available, with violet densities as the four adult butterflies for release to the the top of the mountain. The extremely primary measure of habitat suitability. wild (i.e., four adults/female). In reality, steep grade on either side of the trail The ultimate goal is the establishment of the number of adult butterflies discourages visitors from straying off self-sustaining populations of between produced per female captured from the trail and into the adjacent meadow 200 to 500 butterflies for 10 years at donor population has been much higher areas. Park rules do not allow collection each NEP area, similar to the recovery in recent years. For example, during of plants or animals (OPRD 2010). criteria for the other habitat 2007–2009, between 24 and 29 females Continuance of this management regime conservation areas. were captured, producing between 875 is expected to protect the reintroduced Based on guidance from the Captive and 2,391 adults for release (31–83 population and contribute to its Propagation and Reintroduction Plan for adults/female) (VanBuskirk 2010, p. 12). successful establishment. We the Oregon Silverspot Butterfly In 2015, 14 females produced 815 adults acknowledge there is some uncertainty (VanBuskirk 2010, entire), we will for release (58 adults/female) regarding population establishment and establish populations in each NEP area (Engelmeyer 2015, p. 5). These rates of long-term viability at this site given that from offspring of at least 50 mated production far exceed what is needed to we have not identified the original females. Because the number of female have a positive impact on regional cause of local extirpation. Nevertheless, butterflies available for collection for persistence, even if all the females were this site has been identified as one of the captive-rearing program is limited to removed from small donor populations the most promising for a reintroduction 5 percent of the donor population per (see Crone et al. 2007, p. 109). As an effort given the lack of identifiable year, it may be necessary to release additional protective measure, we will threats, density of host plants, and caterpillars or pupae incrementally over release some caterpillars and pupae overall quality of habitat (VanBuskirk a period of a few years. We will use from the captive-rearing program back 2010, p. 27). annual butterfly counts during the flight into the donor population each year,

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concurrent with the reintroductions to not apply to that species, and the prohibiting collection of animals on the NEP areas. This process will further section 10(j) rule contains the State lands (Oregon Administrative Rule minimize any potential effects from the prohibitions and exemptions necessary (OAR) 736–010–0055(2)(d)). Private removal of a small number of adult and advisable to conserve that species. timberlands surrounding the SNA do females in the prior year. The 10(j) rule will further the not contain suitable butterfly habitat, The Mount Hebo population occurs in conservation of the subspecies by and, therefore, activities on adjacent an environment similar to the Saddle facilitating its reintroduction into two lands are not expected to impact the Mountain NEP area (i.e., similar areas of suitable habitat within its butterfly. elevation, native plant community, and historical range. The rule provides (2) In accordance with the Nestucca distance from the coast). Therefore, assurances to landowners and Bay NWR Comprehensive Conservation offspring of butterflies from Mount Hebo development interests that the Plan, all refuge management actions will likely be well-adapted to the reintroduction of Oregon silverspot taken in the vicinity of the reintroduced environment in the meadows on top of butterflies will not interfere with natural population will defer to the habitat Saddle Mountain. The Mount Hebo resource developments or with human needs of the butterfly (USFWS 2013, pp. population may also serve as the best activities (although the Act’s section 4-37–4-43). In addition, the refuge must donor population for the Nestucca Bay 7(a)(2) consultation requirements would complete section 7(a)(2) consultation on NEP area because it is genetically most still apply on Nestucca Bay NWR). all actions that may affect the butterfly. similar to the existing population Without such assurances, some Oregon silverspot butterflies may closest to the refuge (i.e., the Cascade landowners and developers, as well as occasionally visit or fly within adjacent Head population) (VanBuskirk 2000, p. the State, would object to the properties near the NEP area, which 27; McHugh et al. 2013, p. 8). We will reintroduction of Oregon silverspot may be subject to future development. consider all new scientific information butterflies to these two areas. Except as However, given the lack of suitable when making annual decisions on an described in this NEP rule, take of any habitat for this subspecies on adjacent appropriate donor population; therefore, member of the Oregon silverspot properties, as well as the butterfly’s it is possible that we will use donor butterfly NEP will continue to be sedentary and non-migratory nature, we populations other than Mount Hebo. prohibited under the Act. consider negative impacts to the Oregon The Captive Propagation and silverspot butterfly from development Extent to Which the Reintroduced Reintroduction Plan for the Oregon on adjacent sites to be unlikely, as there Population May Be Affected by Land Silverspot Butterfly (VanBuskirk 2010, is little likelihood of individuals moving Management Within the NEP entire) contains further information on to these sites. the captive-rearing program, release We conclude that the effects of Management issues related to the procedures, genetic considerations, Federal, State, or private actions and Oregon silverspot butterfly NEP that population dynamics, effects of releases activities will not pose a threat to have been considered include: on population viability of the Oregon Oregon silverspot butterfly (a) Incidental take: The regulations silverspot butterfly, and the potential for establishment and persistence at Saddle implementing the Act define reintroduction to Saddle Mountain SNA Mountain SNA or the Nestucca Bay ‘‘incidental take’’ as take that is and Nestucca Bay NWR (copies of this NWR because the best information, incidental to, and not the purpose of, document are available online at http:// including activities currently occurring carrying out an otherwise lawful activity www.regulations.gov under Docket No. in Oregon silverspot butterfly (50 CFR 17.3), such as agricultural FWS–R1–ES–2016–0102 or by populations rangewide, indicates that activities and other rural development, contacting the person listed under FOR activities currently occurring, or likely and other activities that are in FURTHER INFORMATION CONTACT, above). to occur, at prospective reintroduction accordance with Federal, Tribal, State, sites within NEP areas are compatible and local laws and regulations. Legal Status of Reintroduced with the species’ recovery. The Experimental population rules contain Populations reintroduced Oregon silverspot butterfly specific prohibitions and exceptions Based on the current legal and populations will be managed by OPRD regarding the taking of individual biological status of the subspecies and and the Service, and protected from animals. Under this 10(j) rule, take of the need for management flexibility, and major development activities through the Oregon silverspot butterfly in accordance with section 10(j) of the the following mechanisms: anywhere within the NEP areas is not Act, we are designating all Oregon (1) Development activities and timber prohibited, provided that the take is silverspot butterflies released within the harvests are not expected to occur in the unintentional, not due to negligent boundaries of the NEP areas as members Saddle Mountain SNA, which is conduct, and is in accordance with this of the NEP. Such designation allows us protected as a special botanical area. 10(j) rule; however, the section 7(a)(2) to establish special protective Trail maintenance and other park consultation requirement still applies regulations for management of Oregon maintenance activities will continue to on refuge lands. We expect levels of silverspot butterflies. occur within the NEP area, but are incidental take to be low because the With the experimental population expected to have minimal impact on the reintroduction is compatible with designation, the relevant population is butterfly meadow habitat areas due to ongoing activities and anticipated future treated as threatened for purposes of the terrain and steepness of the slopes. actions in the NEP areas. section 9 of the Act, regardless of the Because of the rugged nature of the area, (b) Special handling: In accordance species’ designation elsewhere in its and also to protect the important with 50 CFR 17.32, any person with a range. Treating the experimental botanical resources at this site, valid permit issued by the Service may population as threatened allows us the maintenance activities in this area are take the Oregon silverspot butterfly for discretion to devise management generally limited to trail maintenance educational purposes, scientific programs and specific regulations for by hand crews, with minimal impacts purposes, the enhancement of such a population. When designating an on the meadow areas. Additionally, the propagation or survival of the species, experimental population, the general Oregon silverspot butterfly NEP area at zoological exhibition, and other regulations that extend most section 9 Saddle Mountain SNA will be protected conservation purposes consistent with prohibitions to threatened species do by the Oregon State regulations the Act. Additionally, any employee or

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agent of the Service, any other Federal activities in the context of a natural the proposal. Newspaper notices land management agency, or a State area. inviting general public comment were conservation agency, who is designated published in the Daily Astorian, Lincoln Reintroduction Effectiveness by the agency for such purposes, may, County News Guard, and the Tillamook Monitoring when acting in the course of official Headlight Herald. During the public duties, take an Oregon silverspot Oregon silverspot butterfly surveys comment period, we received public butterfly in the wild in the NEP area will be conducted annually within comments from six individuals or without a permit if such action is Oregon silverspot butterfly habitat at organizations, including three necessary for scientific purposes, to aid Nestucca Bay NWR and Saddle submissions by individuals asked to a law enforcement investigation, to Mountain SNA using a modified Pollard serve as peer reviewers. We did not euthanize an injured individual, to walk methodology (Pickering et al. receive any comments from Federal or dispose of or salvage a dead individual 1992, p. 7). This survey method is State agencies or Tribes. We did not for scientific purposes, or to relocate an currently used at all occupied Oregon receive any requests for a public Oregon silverspot butterfly to avoid silverspot butterfly sites. The surveys meeting. conflict with human activities, to will be conducted weekly during the We reviewed all comments received improve Oregon silverspot butterfly butterfly flight period, July through from the public and peer reviewers for survival and recovery prospects or for September, on designated survey substantive issues and new information genetic purposes, to move individuals transects or public trails. The surveys regarding the establishment of an into captivity or from one population in produce an index of Oregon silverspot experimental population of Oregon the NEP to the other, or to retrieve an butterfly relative abundance that will be silverspot butterfly in northwestern Oregon silverspot butterfly that has used to assess annual population trends Oregon. Substantive comments are moved outside the NEP area. Non- to provide information on addressed in the following summary, Service or other non-authorized reintroduction effectiveness. We will and have been incorporated into the personnel need a permit from the prepare annual progress reports. final rule as appropriate. Any Service for these activities. Habitat quality monitoring will also substantive changes incorporated into (c) Coordination with landowners and be conducted to ensure the resources the final rule are summarized in the land managers: We have coordinated needed by an Oregon silverspot Summary of Changes from the Proposed with landowners likely to be affected by butterfly population are maintained in Rule section, below. the reintroduction. During this large enough quantities to sustain the coordination we identified issues and reintroduced populations. Violet Peer Review Comments concerns associated with reintroducing density counts and other habitat quality In accordance with our peer review Oregon silverspot butterflies in the parameters will be measured policy published on July 1, 1994 (59 FR absence of an NEP designation. We also periodically, in conjunction with the 34270), we solicited expert opinion discussed the possibility of NEP butterfly population counts. from five knowledgeable individuals designation. Affected State agencies, Reintroduction efforts will be fully with scientific expertise in the species’ landowners, and land managers evaluated after 5 years to determine biology, habitat, and butterfly indicated support for, or no opposition whether to continue or terminate the reintroductions in general. We received to, the reintroduction if the reintroduction efforts. responses from three of the peer reintroduced populations were reviewers. designated an NEP and if the 10(j) rule Donor Population Monitoring All three peer reviewers expressed allowed incidental take of Oregon We will conduct annual Oregon strong support for the reintroduction silverspot butterflies in the NEP areas. silverspot butterfly surveys within the with an associated 10(j) rule and agreed (d) Public awareness and cooperation: populations where donor stock is the action is likely to contribute to the The NEP designation is necessary to obtained using a modified Pollard walk conservation of the subspecies. Two secure needed cooperation of the States, methodology (Pickering et al. 1992, p. peer reviewers specifically stated that, landowners, agencies, and other 7). Our annual monitoring will be used in their judgment, we used the best interests in the affected area. We will to adaptively manage the captive-rearing available science. We incorporated work with our partners to continue program to ensure that the removal of specific updated information, public outreach on our effort to restore donor stock will not jeopardize the comments, and suggestions from peer Oregon silverspot butterflies to parts of continued existence of the population or reviewers into the final rule as their historical range and the the species as a whole. importance of these restoration efforts to described in our responses, below. the overall recovery of the subspecies. Monitoring Impacts to Other Listed (1) Comment: One peer reviewer (e) Potential impacts to other federally Species suggested we change our description of listed species: No federally listed We do not anticipate impacts to other the Oregon silverspot butterfly as being species occur in the NEP areas that listed species by the reintroduction of ‘‘territorial’’ to ‘‘sedentary’’ to convey would be affected by the the Oregon silverspot butterfly. the species as being unlikely to move reintroductions. away from areas of suitable habitat. (f) Monitoring and evaluation: Annual Summary of Comments and Our Response: We agree this monitoring will be performed by Recommendations terminology more accurately depicts the qualified personnel with the In the proposed rule published on life history of the butterfly and have cooperation of the OPRD Saddle December 23, 2016 (81 FR 94296), we changed all references in the document Mountain SNA and Nestucca Bay NWR. requested that all interested parties from territorial to sedentary. Oregon silverspot butterflies will be submit written comments on the (2) Comment: Two peer reviewers counted on designated survey transects proposal by February 21, 2017. We also suggested we monitor not only the or public trails. We do not anticipate contacted appropriate Federal and State butterfly populations following the that surveys will disrupt or hamper agencies, scientific experts and reintroductions, but that we monitor public use and would likely be organizations, and other interested habitat quality in conjunction with our perceived by the public as normal parties and invited them to comment on population counts.

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Our Response: We agree and we will the NEP, where the Saddle Mountain the conservation and recovery of the monitor vegetation components needed SNA is discussed as a protected site. An subspecies. by the butterfly in conjunction with our NEP designation allows us to tailor ESA population counts following the protections in specific areas to increase Summary of Changes From Proposed reintroduction, with violet densities and public acceptance of a reintroduction Rule blooming nectar plant abundance as our effort that might not otherwise be In response to peer review comments, primary measures of habitat quality. achievable without such a designation. in this final rule we have: (3) Comment: One peer reviewer While the NEP rules are generally not as • suggested we describe in greater detail stringent as the protections afforded to Clarified the definition of ‘‘high- how we define high-quality habitat for threatened or endangered species, they quality habitat’’ in our Biological the Oregon silverspot butterfly. are designed to ensure the effort will Information section; Our Response: We agree and have contribute to conservation of the • Changed all references of the updated the Biological Information species. Ultimately, the establishment of Oregon silverspot butterfly from being section, above, to more clearly define an NEP allows us to take important ‘‘territorial’’ to ‘‘sedentary;’’ and what we mean by ‘‘high-quality steps toward the recovery of a listed • Clarified our intent to monitor habitat.’’ High-quality Oregon silverspot species while encouraging the support habitat quality as well as Oregon butterfly habitat has large numbers of and engagement of the public and our silverspot butterfly population counts, violets distributed in dense patches for conservation partners, and, as described caterpillar forging and an abundance of above, this NEP will continue to receive following the reintroductions (see nectar plants of differing species, legal protections in both of the NEP Reintroduction Effectiveness blooming throughout the butterfly flight areas slated for reintroductions. Monitoring, above, and Regulation period (USFWS 2012, p. 8). (7) Comment: One commenter Promulgation, below). (4) Comment: One peer reviewer expressed concern that the proposed Findings commented that we should not remove reintroduction program may place the nonnative species such as tansy ragwort, subspecies at risk. Based on the above information, and which is also a nectar source for the Our Response: We carefully using the best scientific and commercial Oregon silverspot butterfly, unless considered whether the removal of data available (in accordance with 50 alternative native nectar sources are individuals from the potential source CFR 17.81), we find that reintroducing available. population (most likely Mount Hebo) the Oregon silverspot butterfly into the Our Response: We agree and will might have a negative effect on that Saddle Mountain SNA and the Nestucca assess the availability of alternative population, and by extension, the Bay NWR and the associated protective nectar sources prior to initiating the subspecies as a whole. We adhere to a measures and management practices removal of nonnative nectar plants used strict limit on the number of individuals under this rulemaking will further the by the Oregon silverspot butterfly. that may be removed, based on (5) Comment: One peer reviewer conservation of the subspecies. The population monitoring (restricted to a commented that we should add nonessential experimental population maximum of 5 percent of the stochastic weather and climatic events status is appropriate for the population), and our data from past as a threat to the species and suggested reintroduction areas because we have years of removals for captive- the additional 10(j) populations may determined that these populations are propagation purposes indicate the small provide a ‘‘survival cushion’’ for the not essential to the continued existence proportion of individuals removed is taxon. of the subspecies in the wild. Our Response: We agree that climatic sustainable (see Donor Stock Need for Immediate Effective Date events impact butterfly populations and Assessment and Effects on Donor Populations, above). Our peer reviewers additional populations may help to As set forth above in DATES, this rule reduce the risk of extinction; increasing specifically considered this question as well and agreed with our conclusion is effective upon the date of publication the redundancy of populations to ensure in the Federal Register. We are making the persistence of the Oregon silverspot that the limited removal of individuals, under the restrictions and protocol this rule effective in less than the 30 butterfly in the face of such events is days usually required by the one of the primary reasons for described here, are unlikely to result in a negative impact to the donor Administrative Procedure Act at 5 undertaking the establishment of this U.S.C. 553(d) as we have good cause in NEP of the subspecies. population. (8) Comment: One commenter accordance with 5 U.S.C. 553(d)(3). Public Comments questioned whether it was wise to There is a narrow window of (6) Comment: One nongovernmental expend resources on the recovery of a opportunity to implement the organization commented that they nonessential species. provisions of this rule and begin the support the reintroductions to achieve Our Response: We did not determine reintroduction process this year, redundancy in populations and to that the Oregon silverspot butterfly is a imposed by the timing of the broaden the butterfly’s geographic nonessential species. Our determination development of the larvae (caterpillars) range. The organization also urged the is that the populations proposed for that have been raised in captivity and Service to establish protective rules that reintroduction are a nonessential are now nearing the appropriate stage treat these populations as if they were experimental population. An NEP is for release. After the caterpillars hatch listed. defined in our regulations as an and begin feeding, development Our Response: Please see the Legal experimental population whose loss is proceeds rapidly and there is a short 2- Status of Reintroduced Populations not likely to appreciably reduce the week window during which maximum section above, where section 10(j) of the likelihood of the species’ survival in the survivorship is anticipated for released Act is discussed in detail. Also see the wild. Although we do not consider the individuals. A date later in the summer section Extent to Which the experimental population essential to the would require release during the Reintroduced Population May Be species’ survival in the wild, it is pupation stage, which significantly Affected by Land Management within expected to meaningfully contribute to reduces the chances of survival.

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Required Determinations whenever a Federal agency is required section 7(a)(2) of the Act. As a result, to publish a notice of rulemaking for and in accordance with these Regulatory Planning and Review any proposed or final rule, it must regulations, some modifications to (Executive Orders 12866 and 13563) prepare, and make available for public proposed Federal actions within Executive Order 12866 provides that comment, a regulatory flexibility Nestucca Bay NWR may occur to benefit the Office of Information and Regulatory analysis that describes the effect of the the Oregon silverspot butterfly, but we Affairs (OIRA) in the Office of rule on small entities (small businesses, do not expect projects to be Management and Budget will review all small organizations, and small substantially modified because these significant rules. OIRA has determined government jurisdictions). However, no lands are already being administered in that this rule is not significant. regulatory flexibility analysis is required a manner that is compatible with Executive Order 13563 reaffirms the if the head of an agency certifies that the Oregon silverspot butterfly recovery. principles of E.O. 12866 while calling rule will not have a significant This rule broadly authorizes for improvements in the nation’s economic impact on a substantial incidental take of the Oregon silverspot regulatory system to promote number of small entities. SBREFA butterfly within the NEP areas. The predictability, to reduce uncertainty, amended the Regulatory Flexibility Act regulations implementing the Act define and to use the best, most innovative, to require Federal agencies to provide a ‘‘incidental take’’ as take that is and least burdensome tools for statement of the factual basis for incidental to, and not the purpose of, achieving regulatory ends. The certifying that a rule will not have a the carrying out of an otherwise lawful executive order directs agencies to significant economic impact on a activity such as, agricultural activities consider regulatory approaches that substantial number of small entities. We and other rural development, camping, reduce burdens and maintain flexibility are certifying that this rule will not have hiking, hunting, vehicle use of roads and freedom of choice for the public a significant economic effect on a and highways, and other activities in where these approaches are relevant, substantial number of small entities. the NEP areas that are in accordance feasible, and consistent with regulatory The following discussion explains our with Federal, Tribal, State, and local objectives. E.O. 13563 emphasizes rationale. laws and regulations. Intentional take further that regulations must be based for purposes other than authorized data The area that would be affected under on the best available science and that collection or recovery purposes would this rule includes the release areas at the rulemaking process must allow for not be authorized. Intentional take for public participation and an open Saddle Mountain SNA and Nestucca research or recovery purposes would exchange of ideas. We have developed Bay NWR and adjacent areas into which require a section 10(a)(1)(A) recovery this rule in a manner consistent with individual Oregon silverspot butterflies permit under the Act. these requirements. may disperse. Because of the regulatory The principal activities on private flexibility for Federal agency actions property near the NEP areas are timber Executive Order 13771 provided by the NEP designation and production, agriculture, and activities Executive Order 13771 (‘‘Reducing the exemption for incidental take in the associated with private residences. We Regulation and Controlling Regulatory rule, we do not expect this rule to have believe the presence of the Oregon Costs’’), signed on January 30, 2017 (82 significant effects on any activities silverspot butterfly will not affect the FR 9339, February 3, 2017), directs within Federal, State, or private lands use of lands for these purposes because agencies to reduce regulation and within the NEP. In regard to section there will be no new or additional control regulatory costs and provides 7(a)(2) of the Act, the population would economic or regulatory restrictions that ‘‘for every one new regulation be treated as proposed for listing, and imposed upon States, non-Federal issued, at least two prior regulations be Federal action agencies are not required entities, or private landowners due to identified for elimination, and that the to consult on their activities, except on the presence of the Oregon silverspot cost of planned regulations be prudently National Wildlife Refuge and National butterfly, and Federal agencies would managed and controlled through a Park land where the subspecies is have to comply with sections 7(a)(1) and budgeting process.’’ Office of managed as a threatened species. 7(a)(4) of the Act only in these areas, Management and Budget (OMB) Section 7(a)(4) of the Act requires except on Nestucca Bay NWR lands guidance clarifies that Executive Order Federal agencies to confer (rather than where section 7(a)(2) of the Act applies. 13771 only applies to rules designated consult) with the Service on actions that Therefore, this rulemaking is not by OMB as significant pursuant to are likely to jeopardize the continued expected to have any significant adverse Executive Order 12866. OMB has not existence of a proposed species. impacts to activities on private lands designated this final rule a significant However, because the NEP is, by within the NEP areas. regulatory action under section 3(f) of definition, not essential to the survival Unfunded Mandates Reform Act (2 Executive Order 12866. As this rule is of the species, conferring will likely U.S.C. 1501 et seq.) not a significant regulatory action, the never be required for the Oregon requirements of Executive Order 13771 silverspot butterfly populations within In accordance with the Unfunded are not applicable to it. See OMB’s the NEP areas. Furthermore, the results Mandates Reform Act (2 U.S.C. 1501 et Memorandum titled ‘‘Interim Guidance of a conference are advisory in nature seq.): Implementing Section 2 of the Executive and do not restrict agencies from (1) This rule will not ‘‘significantly or Order of January 30, 2017, titled carrying out, funding, or authorizing uniquely’’ affect small governments. We Reducing Regulation and Controlling activities. In addition, section 7(a)(1) of have determined and certify under the Regulatory Costs’’’ (February 2, 2017). the Act requires Federal agencies to use Unfunded Mandates Reform Act, 2 their authorities to carry out programs to U.S.C. 1502 et seq., that this rulemaking Regulatory Flexibility Act (5 U.S.C. 601 further the conservation of listed would not impose a cost of $100 million et seq.) species, which would apply on any or more in any given year on local or Under the Regulatory Flexibility Act lands within the NEP areas. Within the State governments or private entities. A (as amended by the Small Business boundaries of the Nestucca Bay NWR, Small Government Agency Plan is not Regulatory Enforcement Fairness Act the subspecies would be treated as a required. As explained above, small (SBREFA) of 1996; 5 U.S.C. 60 et seq.), threatened species for the purposes of governments would not be affected

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because the NEP designation would not policy or administration is expected; 1994), Executive Order 13175 (65 FR place additional requirements on any roles or responsibilities of Federal or 67249; November 9, 2000), and the city, county, or other local State governments will not change; and Department of the Interior Manual municipalities. fiscal capacity will not be substantially Chapter 512 DM 2, we have considered (2) This rule will not produce a directly affected. The rule maintains the possible effects on federally recognized Federal mandate of $100 million or existing relationship between the State Indian tribes and have determined that greater in any year (i.e., it is not a and the Federal Government, and is there are no tribal lands affected by this ‘‘significant regulatory action’’ under undertaken in coordination with the rule. the Unfunded Mandates Reform Act). State of Oregon. Therefore, this rule Energy Supply, Distribution, or Use The NEP area designations for the does not have significant Federalism (E.O. 13211) Oregon silverspot butterfly would not effects or implications to warrant the impose any additional management or preparation of a federalism summary Executive Order 13211 requires protection requirements on the States or impact statement under the provisions agencies to prepare Statements of other entities. of Executive Order 13132. Energy Effects when undertaking certain actions. This rule is not expected to Takings (E.O. 12630) Civil Justice Reform (E.O. 12988) significantly affect energy supplies, In accordance with Executive Order In accordance with Executive Order distribution, or use. Because this action 12630, the rule does not have significant 12988, the Office of the Solicitor has is not a significant energy action, no takings implications. This rule allows determined that this rule will not Statement of Energy Effects is required. for the take of reintroduced Oregon unduly burden the judicial system and silverspot butterflies when such take is meets the requirements of sections (3)(a) References Cited incidental to an otherwise legal activity, and (3)(b)(2) of the Order. A complete list of all references cited such as recreation (e.g., hiking, Paperwork Reduction Act in this final rule is available at http:// birdwatching), forestry, agriculture, and This rule does not contain any new www.regulations.gov at Docket No. other activities that are in accordance collection of information that requires FWS–R1–ES–2016–0102 or upon with Federal, State, and local laws and approval by OMB under the PRA of request from the Newport Field Office regulations. Therefore, we do not 1995. OMB has previously approved the (see FOR FURTHER INFORMATION CONTACT). believe that the NEP will conflict with information collection requirements existing or proposed human activities. Authors associated with Service permit A takings implication assessment is application forms and activities The primary authors of this rule are not required because this rule (1) will associated with native endangered and staff members of the Service’s Newport not effectively compel a property owner threatened species and assigned OMB Field Office (see FOR FURTHER to suffer a physical invasion of property, Control Number 1018–0094. That INFORMATION CONTACT). and (2) will not deny all economically approval expired May 31, 2017; List of Subjects in 50 CFR Part 17 beneficial or productive use of the land however, the Service is currently or aquatic resources. This rule will seeking new approval. In accordance Endangered and threatened species, substantially advance a legitimate with 5 CFR 1320.10, the agency may Exports, Imports, Reporting and government interest (conservation and continue to conduct or sponsor this recordkeeping requirements, recovery of a listed species) and will not collection of information while the Transportation. present a barrier to all reasonable and submission is pending at OMB. We Regulation Promulgation expected beneficial use of private estimate the annual burden associated property. with this information collection to be Accordingly, we amend part 17, Federalism (E.O. 13132) 17,166 hours per year. An agency may subchapter B of chapter I, title 50 of the not conduct or sponsor, and a person is Code of Federal Regulations, as set forth In accordance with Executive Order not required to respond to, a collection below: 13132, we have considered whether this of information unless it displays a PART 17—ENDANGERED AND rule has significant Federalism effects currently valid OMB control number. and have determined that a federalism THREATENED WILDLIFE summary impact statement is not National Environmental Policy Act ■ required. This rule will not have The reintroduction of native species 1. The authority citation for part 17 substantial direct effects on the States, into suitable habitat within their continues to read as follows: on the relationship between the Federal historical or established range is Authority: 16 U.S.C. 1361–1407; 1531– Government and the States, or on the categorically excluded from NEPA 1544; and 4201–4245, unless otherwise distribution of power and documentation requirements consistent noted. responsibilities among the various with the Department of Interior’s ■ 2. Amend § 17.11(h) by revising the levels of government. In keeping with Department Manual (516 DM 8.5B(6)). entry for ‘‘Butterfly, Oregon silverspot’’ Department of the Interior policy, we under INSECTS in the List of Government-to-Government requested information from and Endangered and Threatened Wildlife to Relationship With Tribes coordinated development of this rule read as follows: with the affected resource agencies in In accordance with the presidential Oregon. Achieving the recovery goals memorandum of April 29, 1994, § 17.11 Endangered and threatened for this subspecies will contribute to its ‘‘Government-to-Government Relations wildlife. eventual delisting and its return to State with Native American Tribal * * * * * management. No intrusion on State Governments’’ (59 FR 22951; May 4, (h) * * *

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

******* INSECTS

******* Butterfly, Oregon Speyeria zerene Wherever found, except where listed as an ex- T 45 FR 44935, 7/2/1980; silverspot. hippolyta. perimental population. 50 CFR 17.95(i)CH. Butterfly, Oregon Speyeria zerene U.S.A. (OR—specified portions of Clatsop and XN 82 FR [Insert Federal silverspot. hippolyta. Tillamook Counties; see § 17.85(d)). Register page where the document be- gins]; 06/23/2017.

*******

■ 3. Amend § 17.85 by adding paragraph North, Range 9 West, Sections 1, 2, 3, (ii) Any person with a valid permit (d) to read as follows: 11, 12, 13, and 14. issued by the Service under 50 CFR 17.32 may take the Oregon silverspot § 17.85 Special rules—invertebrates. (ii) The nearest known extant population to the Nestucca Bay NEP butterfly for educational purposes, * * * * * area is 8 miles (13 kilometers) to the scientific purposes, the enhancement of (d) Oregon Silverspot Butterfly south, beyond the longest known flight propagation or survival of the species, (Speyeria zerene hippolyta). distance of the butterfly (4.1 miles (6.6 zoological exhibition, and other (1) Where is the Oregon silverspot kilometers)) and with little or no conservation purposes consistent with butterfly designated as a nonessential suitable habitat between them. The the Act. Additionally, any employee or experimental population (NEP)? (i) The nearest known extant population to the agent of the Service, any other Federal NEP areas for the Oregon silverspot Saddle Mountain NEP area is 50 miles land management agency, or a State butterfly are within the subspecies’ (80 kilometers) to the south, well conservation agency, who is designated historical range in Tillamook and beyond the longest known flight by the agency for such purposes, may, Clatsop Counties, Oregon. The boundary distance of the butterfly (4.1 miles (6.6 when acting in the course of official of the NEP includes those Public Land kilometers)). Given its habitat duties, take an Oregon silverspot Survey System sections intersecting requirements, movement patterns, and butterfly in the wild in the NEP area if with a 4.25-mile (6.8-kilometer) radius distance from extant populations, the such action is necessary: around the release locations. This NEP is wholly separate from extant (A) For scientific purposes; boundary was selected to encompass all populations, and we do not expect the (B) To relocate Oregon silverspot likely movements of Oregon silverspot reintroduced Oregon silverspot butterflies to avoid conflict with human butterflies away from the release areas butterflies to become established activities; while maintaining geographic outside the NEP areas. Oregon silverspot (C) To relocate Oregon silverspot separation from existing populations. butterflies outside of the NEP butterflies within the NEP area to (A) The Nestucca Bay NEP area, improve Oregon silverspot butterfly centered on the coastal prairie habitat boundaries will assume the status of Oregon silverspot butterflies within the survival and recovery prospects or for on the Cannery Hill Unit of the genetic purposes; Nestucca Bay National Wildlife Refuge geographic area in which they are found. (D) To relocate Oregon silverspot (Nestucca Bay NEP area), includes butterflies from one population in the Township 4 South, Range 10 West, (iii) We will not change the NEP NEP into another in the NEP, or into Sections 15 through 36; Township 4 designations to ‘‘essential captivity; South, Range 11 West, Sections 13, 24, experimental,’’ ‘‘threatened,’’ or (E) To euthanize an injured Oregon 25, and 36; Township 5 South, Range 10 ‘‘endangered’’ within the NEP areas silverspot butterfly; West, Sections 2 through 11, 14 through without engaging in notice-and- (F) To dispose of a dead Oregon 23, 27 through 30; and Township 5 comment rulemaking. Additionally, we silverspot butterfly, or salvage a dead South, Range 11 West, Sections 12, 13, will not designate critical habitat for Oregon silverspot butterfly for scientific 24, and 25. this NEP, as provided by 16 U.S.C. purposes; (B) The Saddle Mountain NEP area, 1539(j)(2)(C)(ii). (G) To relocate an Oregon silverspot centered on the coastal prairie habitat (2) What take of the Oregon silverspot butterfly that has moved outside the on top of Saddle Mountain State Natural butterfly is allowed in the NEP areas? (i) NEP area back into the NEP area; or Area (Saddle Mountain NEP area), Oregon silverspot butterflies may be (H) To aid in law enforcement includes Township 6 North, Range 7 taken within the NEP area, provided investigations involving the Oregon West, Sections 7, 17 through 20, 29 that such take is not willful, knowing, silverspot butterfly. through 32; Township 6 North, Range 8 or due to negligence, and is incidental (3) What take of Oregon silverspot West, Sections 1 through 36; Township to carrying out an otherwise lawful butterfly is not allowed in the NEP area? 6 North, Range 9 West, Sections 1, 11 activity, such as agriculture, forestry (i) Except as expressly allowed in through 14, 23 through 26, 35, and 36; and wildlife management, land paragraph (d)(2) of this section, all of Township 5 North, Range 7 West, development, recreation, and other the provisions of 50 CFR 17.31(a) and Sections 5 through 8, 17, 18, and 19; activities that are in accordance with (b) apply to the Oregon silverspot Township 5 North, Range 8 West, Federal, State, Tribal, and local laws butterfly in areas identified in paragraph Sections 1 through 24; and Township 5 and regulations. (d)(1) of this section.

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(ii) A person may not possess, sell, (iv) A person may not attempt to will fully evaluate reintroduction efforts deliver, carry, transport, ship, import, or commit, solicit another to commit, or after 5 years to determine whether to export by any means, Oregon silverspot cause to be committed any take of the continue or terminate the reintroduction butterflies, or parts thereof, that are Oregon silverspot butterfly, except as efforts. taken or possessed in a manner not expressly allowed in paragraph (d)(2) of (5) Maps of the NEP areas for the expressly allowed in paragraph (d)(2) of this section. Oregon silverspot butterfly in Northwest this section or in violation of applicable (4) How will the effectiveness of these State fish and wildlife laws or reintroductions be monitored? We will Oregon. regulations or the Act. monitor populations annually for trends (i) Note: Map of the Oregon silverspot (iii) Any manner of take not described in abundance in cooperation with butterfly NEP follows: under paragraph (d)(2) of this section is partners, monitor habitat quality, and prohibited in the NEP areas. prepare annual progress reports. We

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(ii) Note: Map of Nestucca Bay NEP area for the Oregon silverspot butterfly follows:

Nestucca. Bay Nonessential Experimental Population Area for Oregon Silverspot Butterfly

-

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0 OJI Ui 2.4 u ONIP I , I I I I --I I I -~NWR 0 0.55 .....u us z.z D Sec:iiOn 0 ·ToMIIhlp

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(iii) Note: Map of Saddle Mountain NEP area for the Oregon silverspot butterfly follows:

Saddle Mountain Nonessential Experimental Population Area for Oregon Silverspot Butterfly

T07N-R09W T07N-R07W

!)$ T06N-R09W Of

/)1 11 07

1ll 14 13 17 17

19

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14 13 18 17

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N * Redilll!Odllcllon $lte A • land!iwk /V~way Kllamllm NEPBounda!Y 1 2 3 4 0 I I I I t t I I - Saddle Mountain SIIIA 0.7 1.4 2.1 2.8 Sectitm Milito 0 C) Township

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* * * * * 0210. Persons who use a Hualapai Mexican vole populations Dated: June 13, 2017. telecommunications device for the deaf (Service 1991, pp. iv-6). The recovery Virginia H. Johnson, (TDD) may call the Federal Relay plan outlined recovery objectives and Service at 800–877–8339. dictated management and research Acting Assistant Secretary for Fish and priorities, but did not contain recovery Wildlife and Parks. FOR FURTHER INFORMATION CONTACT: Steven Spangle, Field Supervisor, U.S. criteria for changing the subspecies’ [FR Doc. 2017–13163 Filed 6–22–17; 8:45 am] status from endangered to threatened BILLING CODE 4333–15–P Fish and Wildlife Service, Arizona Ecological Services Field Office (see (i.e., downlisting) or for removing the ADDRESSES), telephone 602–242–0210. subspecies from the List of Endangered and Threatened Wildlife (i.e., delisting) DEPARTMENT OF THE INTERIOR Individuals who are hearing impaired or speech-impaired may call the Federal because of lack of biological information Fish and Wildlife Service Relay Service at 800–877–8339 for TTY in order to develop objective, assistance. measurable criteria (Service 1991, p. iv). 50 CFR Part 17 SUPPLEMENTARY INFORMATION: Petition History [Docket No. FWS–R2–ES–2015–0028; Background On August 23, 2004, we received a FXES11130900000–178–FF09E42000] petition dated August 18, 2004, from the Under the Endangered Species Act of Arizona Game and Fish Department RIN 1018–AX99 1973, as amended (Act; 16 U.S.C. 1531 (AGFD) requesting that the Hualapai et seq.), we administer the Federal Lists Mexican vole be removed from the Endangered and Threatened Wildlife of Endangered and Threatened Wildlife and Plants; Removal of the Hualapai Federal List of Endangered and and Plants, which are set forth in title Threatened Wildlife (List) under the Mexican Vole From the Federal List of 50 of the Code of Federal Regulations at Endangered and Threatened Wildlife Act. The petition clearly identified itself part 17 (50 CFR 17.11 and 17.12). The as such and included the requisite AGENCY: Fish and Wildlife Service, factors for listing, delisting, or identification information for the Interior. reclassifying species are described at 50 petitioners, as required at 50 CFR CFR 424.11. According to section 3(16) ACTION: Final rule. 424.14(a). Included in the petition was of the Act, we may list any of three information in support of delisting the SUMMARY: Under the authority of the categories of vertebrate animals: A Hualapai Mexican vole based on an Endangered Species Act of 1973, as species, subspecies, or a distinct error in original classification due to amended (Act), we, the U.S. Fish and population segment of a vertebrate evidence that the Hualapai Mexican Wildlife Service (Service), are removing species of wildlife. We refer to each of vole is not a valid subspecies. the Hualapai Mexican vole (Microtus these categories as a ‘‘listable entity.’’ If The petition asserts that the original mexicanus hualpaiensis) from the we determine that there is a species, or scientific data used at the time the Federal List of Endangered and ‘‘listable entity,’’ for the purposes of the subspecies was classified were in error Threatened Wildlife due to recent data Act, our status review next evaluates and that the best available scientific indicating that the original classification whether the species meets the data do not support the taxonomic is now erroneous. This action is based definitions of an ‘‘endangered species’’ recognition of the Hualapai Mexican on a thorough review of the best or a ‘‘threatened species’’ because of any vole as a distinguishable subspecies available scientific and commercial of the five listing factors established (AGFD 2004, p. 4). The petition’s information, which indicates that the under section 4(a)(1) of the Act. assertions are primarily based on the currently listed subspecies is not a valid Delisting may be warranted as a result results of an unpublished genetic taxonomic entity. Therefore, we are of: (1) Extinction; (2) recovery; or (3) a analysis (Busch et al. 2001) and on removing the entry for the Hualapai determination that the original scientific taxonomic and genetic reviews of Busch Mexican vole from the Federal List of data used at the time the species was et al.’s 2001 report. The petition did not Endangered and Threatened Wildlife listed, or interpretation of that data, claim that the Hualapai Mexican vole is because subsequent investigations have were in error. We examine whether the extinct or has been recovered (no longer shown that the best scientific or Hualapai Mexican vole is a valid an endangered or threatened species), commercial data available when the subspecies, and thus a ‘‘species’’ (or nor do we have information in our files subspecies was listed were in error. listable entity) as defined in section 3 of indicating such. However, the petition the Act. did indicate that ‘‘fieldwork and genetic DATES: This rule is effective July 24, analyses have documented at least 2017. Previous Federal Actions seven, but likely 14, populations ADDRESSES: This final rule is available We listed the Hualapai Mexican vole (including one in Utah) of M. m. on the Internet at http:// as an endangered subspecies on October hualpaiensis.’’ Only one population was www.regulations.gov under Docket No. 1, 1987, without critical habitat (52 FR known at the time of listing. FWS–R2–ES–2015–0028 and at the 36776). At the time of listing, the On May 15, 2008, we announced a 90- Service’s Web sites at http:// primary threats to the Hualapai Mexican day finding in the Federal Register (73 www.fws.gov/southwest/es/arizona and vole were degraded habitat due to FR 28094) that the petition presented http://www.fws.gov/endangered. drought, elimination of ground cover substantial information to indicate that Comments and materials received, as from grazing by livestock and elk the petitioned action may be warranted. well as supporting documentation used (Cervus elaphus), and human recreation. On June 4, 2015, we published a in the preparation of this rule, are A recovery plan for the Hualapai warranted 12-month finding on the available for public inspection, by Mexican vole was completed in August petition and a proposed rule to remove appointment, during normal business 1991 (Service 1991, pp. 1–28). At that the Hualapai Mexican vole from the List hours at: U.S. Fish and Wildlife Service, time, grazing, mining, road because the original scientific Arizona Ecological Services Field construction, recreational uses, erosion, classification is no longer the Office, 9828 North 31st Avenue, and nonnative wildlife were attributed appropriate determination for the Phoenix, AZ 85051; telephone 602–242– as the reasons for the decline in subspecies (80 FR 31875), meaning that

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current data indicate that the original future taxonomic evaluation of voles Also, in a study of montane voles, Frey classification is now erroneous. On from the Music Mountains and Prospect (2009, p. 219) supported the earlier December 22, 2016, we reopened the Valley should confirm that they are study conducted by Frey and LaRue comment period on the proposed rule to indeed the Hualapai Mexican vole (1993, pp. 176–177), which separated remove the Hualapai Mexican vole from subspecies, then they would be the vole species Microtus mogollonensis the List (81 FR 93879). We published a considered part of the federally listed and Microtus mexicanus. The Integrated summary of the proposed rule in the entity. However, we never recognized Taxonomic Information System 1 (ITIS) Kingman Daily Miner newspaper on Hualapai Mexican voles outside of the indicates that Microtus mexicanus January 29, 2017. Hualapai Mountains. Mountains due to hualpaiensis (Goldman, 1938) is an insufficient data to support recognition invalid taxon and indicates that the Species Description of additional populations. valid taxon is Microtus mexicanus for Taxonomy In May 1998, we reviewed Frey and the Hualapai Mexican vole (http:// Yates’ 1995 unpublished report, Goldman (1938, pp. 493–494) www.itis.gov/servlet/SingleRpt/ ‘‘Hualapai Vole (Microtus mexicanus SingleRpt?search_topic=TSN&search_ described and named the Hualapai hualapaiensis) Genetic Study,’’ to value=202377). For consistency with all Mexican vole as Microtus mexicanus determine if Hualapai Mexican voles previous Federal actions, including the hualapaiensis in 1938 based on four occur in additional areas outside of the scientific name that appears on the specimens. Cockrum (1960, p. 210), Hall Hualapai Mountains. We found that the Federal List of Endangered and (1981, p. 481), and Hoffmeister (1986, report did not provide sufficient data for Threatened Wildlife, we refer to the pp. 444–445) all recognized Goldman’s us to conclude that populations outside Hualapai Mexican vole subspecies as description of the subspecies, and the Hualapai Mountains were Hualapai Microtus mexicanus hualpaiensis in this Hoffmeister (1986, pp. 444–445) further Mexican voles. On May 29, 1998, the rule because that is the entity we listed recognized the Microtus mexicanus Southwest Regional Director’s Office in 1987. However, many of the hualapaiensis subspecies based on an issued a memo to the Arizona Ecological reviewers and documents that are examination of morphological Services Field Office stating that the referenced refer to voles in Arizona as characteristics from seven additional Service would only consult on voles in Microtus mogollonensis. The ITIS specimens collected in two areas (i.e., the Hualapai Mountains until further indicates that Microtus mogollonensis Hualapai Mountains and the lower end investigations result in data definitive (Frey and LaRue 1993, pp. 176–177) is of Prospect Valley). enough to establish that the Hualapai an invalid taxon; and indicates that the Based on morphological Mexican vole has a wider distribution valid taxon is Microtus mexicanus for measurements, the Hualapai Mexican than recognized at the time of listing. the Hualapai Mexican vole (http:// vole was previously considered one of Thus, we referenced the memo in all www.itis.gov/servlet/SingleRpt/ three subspecies of Mexican voles requests for consultations on Federal SingleRpt?search_topic=TSN&search_ (Microtus mexicanus) in Arizona (Kime projects outside the Hualapai value=202377). et al. 1995, p. 1). The three subspecies Mountains. For these reasons, we have In a 1989 unpublished Master’s thesis, of Mexican voles were the Hualapai only considered the Hualapai Mexican Frey conducted an extensive study of Mexican vole (M. m. hualapaiensis), vole’s range to be the Hualapai geographic variation of specimens from Navajo Mexican vole (M. m. navaho), Mountains. throughout the range of the Microtus and Mogollon Mexican vole (M. m. Since the Hualapai Mexican vole was mexicanus group, which included mogollonensis). The Hualapai Mexican listed in 1987 (52 FR 36776; October 1, populations in the United States and vole differed from the Navajo Mexican 1987), several focused surveys of the Mexico. Frey (1989) analyzed 44 vole subspecies by a slightly longer subspecies’ distribution, habitat external and 19 cranial characters from body, longer tail, and longer and requirements, and genetic relationships 1,775 vole specimens. Based on broader skull (Hoffmeister 1986, p. 443). to other Mexican vole subspecies were morphological analysis, Frey (1989, p. Additionally, the Navajo Mexican vole’s undertaken. We briefly describe these 50) recommended that specimens from range was farther to the northeast. The studies below. Researchers did not the Bradshaw Mountains (Coconino Hualapai Mexican vole was also collect or analyze samples from the County, AZ), which was formerly differentiated from the Mogollon same locations, so locations and considered the Mogollon Mexican vole Mexican vole subspecies, located farther analyses across studies do not subspecies, be reassigned to the to the east, by a longer body, shorter tail, necessarily correlate fully. These studies Hualapai Mexican vole subspecies. Frey and longer and narrower skull represent the best scientific information (1989, p. 50) concluded that two (Hoffmeister 1986, p. 443). available for the Service to analyze the specimens that had been discovered The final rule listing the Hualapai Hualapai Mexican vole’s distribution from the Music Mountains (Mohave Mexican vole as an endangered species and taxonomic classification. County, AZ) were morphologically (52 FR 36776; October 1, 1987) stated At the time of listing, we recognized distinct from other recognized that this subspecies occupied the the Hualapai Mexican vole as one of subspecies, and these two specimens Hualapai Mountains, but also three subspecies of Mexican voles in represented a previously unrecognized acknowledged that Spicer et al. (1985, Arizona based on Goldman (1938, pp. taxonomy. Frey’s (1989) study did not p. 10) had found similar voles from the 493–494), Hall (1981, p. 481), and include specimens from Prospect Music Mountains, which are located Hoffmeister (1986, p. 443). Since that Valley. farther to the north in Arizona. The final time, Frey and LaRue (1993, pp. 176– Frey and Yates (1993, pp. 1–23) listing rule (52 FR 36776; October 1, 177) referred to voles in Arizona, New conducted a genetic analyses of 1987) also stated that Hoffmeister (1986, Mexico, and Texas as Microtus p. 445) had tentatively assigned mogollonensis rather than Microtus 1 ITIS is the result of a partnership of Federal specimens from Prospect Valley to the mexicanus. In an unpublished genetic agencies formed to satisfy their mutual needs for Hualapai Mexican vole subspecies, analysis study on the Hualapai Mexican scientifically credible taxonomic information. An overriding goal of the ITIS project is to provide pending a larger sample size. In vole, Frey and Yates (1995) referred to accurate, scientifically credible, and current addition, the final listing rule (52 FR the Hualapai Mexican vole subspecies taxonomic data that meet the needs of the ITIS 36776; October 1, 1987) stated that if as Microtus mogollonensis hualpaiensis. partners and the user public.

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Hualapai Mexican vole tissue samples et al. (2001, p. 4) examined nuclear (2001) single subspecies as Microtus taken from 83 specimens across 13 genetic markers from 42 specimens mexicanus hualpaiensis. populations using electrophoresis and across 6 populations in northwestern In 2003, AGFD sent the Busch et al. mitochondrial DNA. The 13 populations Arizona (Hualapai Mountains, Prospect (2001) report to five genetic experts represented all 3 subspecies in Arizona Valley, Bradshaw Mountains, Sierra representing the U.S. Geological and 1 population from Mexico (Frey and Prieta, Prescott, and Mingus Mountains) Survey’s Arizona Cooperative Fish and Yates 1993, p. 20). Their results showed using Amplified Fragment Length Wildlife Research Unit, the that three populations (i.e., Hualapai Polymorphis (AFLP). Additionally, they Conservation Breeding Specialist Group, Mountains, Hualapai Indian examined mitochondrial (D-Loop) DNA the University of Colorado at Boulder, Reservation, and Music Mountains) from 83 specimens across 13 Oklahoma State University, and New form a closely related group distinct populations in Arizona (Hualapai Mexico State University for peer review. from other populations in Arizona (Frey Mountains, Prospect Valley, Bradshaw Four of the five reviewers concurred and Yates 1993, p. 10). According to Mountains, Sierra Prieta, Prescott, with the conclusions of Busch et al. (2001) that all populations in Arizona their analysis, populations in the Mingus Mountains, South Rim Grand could be referred to as M. m. Hualapai Mountains, Hualapai Indian Canyon, San Francisco Mountain, hualpaiensis. One of the five reviewers Reservation, and Music Mountains Mogollon Rim, White Mountains, could be regarded as the Hualapai concluded that populations from the Chuska Mountains, Aubrey Cliffs, and Mexican vole subspecies. Further, Frey Hualapai Mountains, Music Mountains, Navajo Mountain). Results from their and Yates (1993, p. 10) found that the and Hualapai Reservation form a closely study did not support the separation of Navajo Mexican vole subspecies related group distinct from other populations for San Francisco Peaks and Mexican voles into three distinct populations in Arizona based on the the Grand Canyon occurred in a clade subspecies based on nuclear and reviewer’s work in 1993 and 1995. This (i.e., related by a common ancestor) mitochondrial genetic analyses (Busch reviewer further stated that M. m. with the Mogollon Mexican vole et al. 2001, p. 12). Populations referred hualpaiensis is a valid subspecies based subspecies populations along the to as the Navajo Mexican vole on morphologic, genetic, and Mogollon Rim. Frey and Yates (1993, p. subspecies from Navajo Mountain, biogeographical data. 10) suggested that this grouping Mingus Mountain, San Francisco Peaks, Busch et al.’s (2001) genetic report questions the validity of Navajo and the Grand Canyon South Rim and and reviews by the genetic experts were Mexican vole as a separate subspecies. populations referred to as the Mogollon then sent to two mammalian taxonomy However, in order to verify this Mexican vole subspecies from the experts familiar with the research suggestion, specimens would need to be Mogollon Rim, Chuska Mountains, and surrounding voles for additional review. examined from the type locality of the White Mountains were genetically One of the taxonomic reviewers agreed Navajo Mexican vole subspecies, which similar to Mexican voles in the Hualapai with the one dissenting genetic reviewer is Navajo Mountain, Utah (Frey and Mountains, Hualapai Indian from 2003, who believed the data Yates 1993, p. 10). The authors Reservation, Aubrey Cliffs, Bradshaw supported M. m. hualpaiensis in five recommended additional analyses, Mountains, Watson Woods, and Sierra locations. The other taxonomic reviewer including larger sample sizes, to clarify Prieta (Busch et al. 2001, p. 12). In concluded that there is no basis to the arrangement in three separate summary, the analyses conducted by consider the three subspecies of subspecies (Frey and Yates 1993, p. 10). Busch et al. (2001, p. 12) did not Mexican voles (Hualapai, Navajo, and At that time, we continued to recognize support the separation of Arizona Mogollon) separately. This second the Hualapai Mexican vole subspecies populations of M. mogollonensis into taxonomic reviewer stated that data as occurring in the Hualapai Mountains. three subspecies (i.e., M. m. used by Hoffmeister (1986) were Frey and Yates (1995) continued their mogollonensis, M. m. navajo, and M. m. insufficient to recognize three genetic work on Mexican vole hualapaiensis) as recognized by Frey subspecies based on morphology, and subspecies and analyzed 173 specimens and Yates (1993, 1995). According to that the genetic analyses conducted by from 28 populations (16 from Arizona, Busch et al. (2001), populations of M. Frey and Yates (1993; 1995) and Busch 10 from New Mexico, 1 from Utah, and mogollonensis and M. m. navajo were et al. (2001) were subject to 1 from Mexico) using protein not clearly differentiated from M. m. methodological problems (AGFD 2004, electrophoresis and mitochondrial DNA. hualapaiensis (i.e., the Hualapai p. 4). The second taxonomic reviewer They found that six populations Mexican vole). asserted that all three subspecies should (Hualapai Mountains, Hualapai Indian be considered as one subspecies, Reservation, Music Mountains, Aubrey Busch et al. (2001, p. 12) suggested Microtus mogollonensis mogollonensis Cliffs/Chino Wash, Santa Maria that only one subspecies of Mexican (common name not suggested). Mountains, and Bradshaw Mountains) vole occurs in Arizona, but they did not According to AGFD, the field and could be the Hualapai Mexican vole suggest a new subspecies name to which laboratory studies concluded that M. m. subspecies (Frey and Yates 1995, p. 9). the currently named subspecies of hualaiensis exists in at least seven The authors found unique alleles at two Mexican voles should be reclassified as. populations and perhaps as many as 14 loci in these six populations, which Further, Busch et al. (2001, p. 12) populations (one is in Utah), whereas identified them as being closely related suggested that voles from the White only one population was known prior to (Frey and Yates 1995, p. 9). Based on Mountains and Chuska Mountains listing. Field surveys demonstrated that geographic proximity, Frey and Yates could be a different subspecies or may the Hualapai Mexican vole is not as rare (1995, p. 8) suspected that two other simply show some genetic as it was once thought to be. Prior to populations (Round Mountain and differentiation due to geographic listing, only 15 specimens from seven Sierra Prieta) could also be the Hualapai separation; however, their analysis was locations (all within the Hualapai Mexican vole subspecies, but they did inconclusive. Even though Busch et al. Mountains) were known. The genetic not have adequate samples for genetic (2001, p. 12) did not suggest a name to studies mentioned above, in verification. assign to the only subspecies of Mexican conjunction with trapping success, Additional genetic analyses were voles in Arizona, the AGFD’s petition demonstrate that M. m. hualpaiensis conducted by Busch et al. (2001). Busch (2004, p. 4) referred to Busch et al.’s populations are widespread and not

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restricted to a single mountain range areas, and because it is unlikely to be using a current genome-side marker like (AGFD 2004, p. 9). declining at nearly the rate required to single nucleotide polymorphisms (or The AGFD provided a summary of qualify for listing in a threatened SNPs) would be preferable. The same factors affecting the Hualapai Mexican category (A´ lvarez-Castan˜ eda, S.T. & researcher stated that there is a strong vole in their 2004 status assessment and Reid, F. 2016). The Mexican vole reliance on mitochondrial DNA and lack petition. AGFD stated that the species is species occurs from the southern Rocky of a thorough study of morphology, found in more xeric and mesic habitats Mountains southward in the Sierra behavior, and ecology of this than other vole species, so trampling of Madre of Mexico to central Oaxaca subspecies. The other peer reviewer seeps and spring areas by cattle is no Mexico (Tamarin 1985 p. 99). The noted that in the case of M. m. longer considered a threat to Hualapai existence of several populations hualpaiensis, there is little morphologic Mexican voles as previously thought improves the ability of the species to and genetic evidence to distinguish it when the subspecies was listed (AGFD withstand environmental and from its nearby conspecifics (i.e., other 2004, pp. 5–6). Further, AGFD stated demographic stochasticity (for example, vole subspecies). This reviewer that because the Hualapai Mexican wet or dry, warm or cold years); the concluded that the current data are not voles’ range is not as restricted as once ability of the species to adapt over time sufficient to support the subspecific thought, grazing and recreational uses to long-term changes in the environment recognition of M. m. hualpaiensis. Both are no longer threats to the subspecies (for example, climate changes); and the reviewers recommended continued (AGFD 2004, p 7). Finally, based on five ability of the species to withstand studies. genetic and two taxonomic reviews, the catastrophic events (for example, We reviewed all comments we AGFD stated that all 14 populations droughts, hurricanes). In general, the received from the peer reviewers and analyzed by Busch et al. (2001) could be more populations there are, the more the public for substantive issues and considered a single species, rather than likely the species is to sustain new informative regarding the proposed three subspecies (AGFD 2004; p. 4). populations over time, even under delisting of the Hualapai Mexican vole. In summary, the various analyses and changing environmental conditions. The We received four comments on the reviews present multiple interpretations distribution of the Mexican vole proposed rule. Two were in favor of of the taxonomy and distribution of populations allows for sustained delisting the Hualapai Mexican vole. Hualapai Mexican voles in Arizona, populations into the future. Based on One commenter provided a none of which correlates to that of our the best available scientific and conservation status review to support original listing. The 1987 final listing commercial data at this time, we find the proposed delisting by documenting rule for the Hualapai Mexican vole (52 that the original data for classification the current conservation status of the FR 36776; October 1, 1987) relied on the were in error, and we are removing the Hualapai Mexican vole and its likely best available information at the time, Hualapai Mexican vole (Microtus synonymous populations, as well as an and only included Hualapai Mexican mexicanus hualpaiensis) from the List evaluation of potential threats to the voles found in the Hualapai Mountains. under the Act. larger, taxonomically valid subspecies. The various published and unpublished One commenter opposed the delisting of reports all offer different conclusions Summary of Comments and the Hualapai Mexican vole. Substantive about which populations may or may Recommendations comments we received during the not be Hualapai Mexican voles. At this In our June 4, 2015, combined 12- comment period are addressed below. time, the best available scientific month finding and proposed rule (80 FR (1) Comment: There is a concern that information presents conflicting 31875), we requested that all interested delisting the vole is based on conflicting information on the taxonomy of parties submit comments or information scientific information instead of a peer Mexican voles in general. The majority concerning the proposed delisting of the review based on the five delisting (i.e., five out of seven) of scientists who Hualapai Mexican vole. We provided factors (see section 4(a)(1) of the Act). In reviewed the ‘‘Hualapai vole (Microtus notification of this document through order to delist the subspecies, the mogollonensis hualapaiensis) Genetic email, letters, and news releases to the Service must evaluate this erroneous Analysis’’ report by Busch et al. (2001) appropriate Federal, State, and local classification by seeking a peer review determined that Hualapai Mexican voles agencies; county governments; elected pursuant to the five factors. (Microtus mexicanus hualpaiensis) are officials; media outlets; local Our Response: The removal of the not genetically distinct from other vole jurisdictions; scientific organizations; vole from the Federal List of subspecies in Arizona. The best interested groups; and other interested Endangered and Threatened Wildlife is available science no longer supports the parties. We also posted the document on based on recent peer reviewed data recognition of a separate Hualapai our Web site (https://www.fws.gov/ indicating the original data for Mexican vole subspecies. Although the news/ShowNews.cfm?ref=service- classification were in error. Our June 4, Hualapai Mexican vole subspecies is no proposes-delisting-the-hualapai- 2015, proposed rule (80 FR 31875) was longer considered a valid taxonomic mexcian-vole&_ID=35074). based on peer reviewed studies and has entity, the scientific community agrees In accordance with our peer review separately undergone peer review, as that the populations that were policy published on July 1, 1994 (59 FR explained below. The regulations at 50 previously identified as the Hualapai 34270), we solicited expert opinions CFR 424.11(d) state that a species may Mexican vole subspecies are part of the from five knowledgeable individuals be delisted if (1) it becomes extinct, (2) larger Mexican vole species (Microtus with scientific expertise that included it recovers, or (3) the original mexicanus). genetics, conservation biology, and classification data were in error. Our The Mexican vole is recognized by the ecology of voles and the ecosystems finding is that the original classification scientific community as a species, upon which they depend. We received data were in error. Further, it is the including the International Union for comments from two peer reviewers policy of the Service to incorporate Conservation of Nature (IUCN) and ITIS. associated with academic research independent peer review in listing (and The Mexican vole is listed as least institutions. One researcher noted that recovery) activities by soliciting the concern by IUCN in view of its wide the data gathered and analyzed to date expert opinions relating to taxonomy, distribution, presumed large population, do not appear to support an integrative population models, and supportive occurrence in a number of protected approach to taxonomy. For example, biological and ecological information for

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species or subspecies under loop sequences are appropriate genetic listed entity for the Hualapai Mexican consideration of a listing decision (59 markers for the level of taxonomy in vole is no longer a valid taxonomic FR 34270; July 1, 1994). We sought the question, and both markers lack support subspecies. However, the populations expert opinions of five appropriate for individuals from the Hualapai that were previously identified as the independent specialists regarding the Mountains forming an independent, Hualapai Mexican vole subspecies are science in the June 4, 2015, proposed genetic lineage. Further, the peer recognized by the majority of the rule to delist the Hualapai Mexican reviewer also stated that the current scientific community, including IUCN vole. The purpose of peer review was to data are not sufficient to support the and ITIS, as part of a larger taxonomic ensure that our delisting decision is subspecific recognition of voles from the species level of Mexican voles (Microtus based on scientifically sound data, Hualapai Mountains, M. m. mexicanus). Therefore, the original assumptions, and analyses. We sent hualpaiensis. While both peer reviewers scientific data used at the time the copies of the proposed rule and suggested that more genetic studies be subspecies was classified as an supporting documents to the peer conducted, the Service has relied on the endangered subspecies were in error. reviewers immediately following best available scientific and commercial Listable Entity Determination publication in the Federal Register. data at this time, as required under the We received reviews from two peer Act. The petition asserts that the Hualapai reviewers. One of the peer reviewers (3) Comment: The Service is unable to Mexican vole should be delisted. stated that although it is still unclear show by the best scientific or Working within the framework of the exactly what the numbers are, it is clear commercial data available that regulations for making delisting that the numbers of these voles in the classifying the Hualapai Mexican vole determinations, as discussed above, the mountains of western Arizona are larger as an endangered subspecies of the petition asserts that the original data we than was earlier suspected. Kime et al. greater Mexican vole species was in used in our recognition of the Hualapai (1995) found 21 locations harboring error. Mexican vole as a subspecies, and thus voles. The species is not tied to rare, Our Response: According to our a listable entity under the Act, were in moist habitats the way other species of regulations at 50 CFR 424.11(d), we may error. In determining whether to Microtus are, and thus gene flow may be delist a species if the best available recognize the Hualapai Mexican vole as greater than expected earlier. The other scientific and commercial data indicate a valid (distinguishable) subspecies, we peer reviewer stated that in the case of that the species is neither endangered or must base our decision on the best M. m. hualpaiensis, there is little threatened for the following reasons: (1) available scientific and commercial morphologic and genetic evidence to The species is extinct; (2) the species data. Additionally, we must provide distinguish it from its nearby has recovered and is no longer transparency in application of the Act’s conspecifics (i.e., other species of voles). endangered or threatened; and/or (3) the definition of a species through careful Also, the 12-month finding found no original scientific data used at the time review and analyses of all the relevant natural history or biologically the species was classified were in error. data. significant information on M. m. We determine that the original Under section 3 of the Act and our hualpaiensis to distinguish individuals classification is in error because there is implementing regulations at 50 CFR from the Hualapai Mountains from other sufficient evidence that the currently 424.02, a ‘‘species’’ includes any populations in the region. Although listed entity for the Hualapai Mexican subspecies of fish or wildlife or plants, voles from the Hualapai Mountains may vole is not a valid taxonomic and any distinct population segment of be on an evolutionary trajectory in the subspecies. This evidence was not any species of vertebrate fish or wildlife direction of a ‘‘subspecies,’’ this available to the Service at the time we which interbreeds when mature. As trajectory is mostly likely very recent listed the subspecies in 1987. The such, a ‘‘species’’ under the Act may and insufficient to warrant description various analyses and reviews present include any taxonomically defined as an independent subspecies at this multiple interpretations of the species of fish, wildlife, or plant; any time. Given our review of the scientific taxonomy and distribution of Mexican taxonomically defined subspecies of and commercial data available for the voles in Arizona, none of which fish, wildlife, or plant; or any distinct Hualapai Mexican vole subspecies (M. correlates to that of our original listing. population segment of any vertebrate m. hualpaiensis), we conclude that it is The final listing rule for the Hualapai species as determined by us per our not a valid taxonomic entity for listing. Mexican vole (52 FR 36776; October 1, Policy Regarding the Recognition of (2) Comment: The Service should 1987) relied on the best available District Vertebrate Population Segments conduct a detailed study and analysis information at the time, and only [DPSs] Under the Endangered Species on the vole’s genetics prior to taking any included Mexican voles found in the Act (61 FR 4722; February 7, 1996). We action to reclassify the subspecies. Hualapai Mountains. The various note that Congress has instructed the Conflicting data on genetics should be published and unpublished reports we Secretary to exercise this authority with resolved prior to agency action and have used to make this decision all offer regard to DPS’s ‘‘* * * sparingly and should not be used as a justification to different conclusions about which only when the biological evidence delist. Further the Service must populations may or may not be indicates that such action is warranted.’’ rationally explain why the uncertainty Hualapai Mexican voles. At this time, Our implementing regulations counsels in favor of delisting now, the best available scientific information provide further guidance on rather than, for example, more study. presents conflicting information on the determining whether a particular taxon Our Response: While we recognize taxonomy of Mexican voles in general, or population is a species or subspecies that more studies are always beneficial, and no longer supports the recognition for the purposes of the Act: ‘‘the our action is based on a thorough review of a separate Hualapai Mexican vole Secretary shall rely on standard of the best available scientific and subspecies. Although reviews of the taxonomic distinctions and the commercial data, which indicates that published and unpublished reports have biological expertise of the Department the currently listed subspecies was inconsistent conclusions because of and the scientific community listed in error as it is not a valid differences in data sets and genetic concerning the relevant taxonomic taxonomic entity. One of the peer analyses, the Service and each of the group’’ (50 CFR 424.11(a)). For each reviewers stated that both AFLP and D- peer reviewers agreed that the currently species, section 4(b)(1)(A) of the Act

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mandates that we use the best scientific is not a distinguishable subspecies, and listable entity under the Act. In and commercial data available for each we, therefore, do not recognize it as a conclusion, we find that the Hualapai individual species under consideration. listable entity under the Act. (A Mexican vole (Microtus mexicanus Given the wide range of taxa and the ‘‘listable entity’’ is one that qualifies as hualpaiensis) must be removed as a multitude of situations and types of data a ‘‘species’’ under the definition in listed subspecies under the Act because that apply to species under review, the section 3 of the Act and is thus eligible the original scientific data used at the application of a single set of criteria that to be listed as an endangered species or time the subspecies was classified were would be applicable to all taxa is not a threatened species.) Because we found in error. practical or useful. In addition, because that the Hualapai Mexican vole is not a Effects of the Rule of the wide variation in kinds of valid listable entity, conducting a available data for a given circumstance, distinct population segment (DPS) This final rule revises 50 CFR 17.11(h) we do not assign a priority or weight to analysis would be inappropriate. to remove the Hualapai Mexican vole any particular type of data, but must from the Federal List of Endangered and Delisting Analysis consider it in the context of all the Threatened Wildlife. Because no critical available data for a given species. After a review of all information habitat was ever designated for this For purposes of being able to available, we are removing the Hualapai subspecies, this rule will not affect 50 determine what is a listable entity under Mexican vole from the List of CFR 17.95. the Act, we must necessarily follow a Endangered and Threatened Wildlife On the effective date of this rule (see more operational approach and evaluate (List). Section 4(a)(1) of the Act and DATES, above), the prohibitions and and consider all available types of data, regulations (50 CFR part 424) issued to conservation measures provided by the which may or may not include genetic implement the listing provisions of the Act, particularly through sections 7 and information, to determine whether a Act set forth the procedures for adding 9, no longer apply to this subspecies. taxon is a distinguishable species or species to or removing them from the Federal agencies are no longer required subspecies. As a matter of practice, and List. The regulations at 50 CFR to consult with the Service under in accordance with our regulations, in 424.11(d) state that a species may be section 7 of the Act in the event that deciding which alternative taxonomic delisted if (1) it becomes extinct, (2) it activities they authorize, fund, or carry interpretations to recognize, the Service recovers, or (3) the original out may affect the Hualapai Mexican will rely on the professional judgment classification data were in error. vole. At this time, the best available available within the Service and the Required Determinations scientific community to evaluate the scientific information presents most recent taxonomic studies and other conflicting information on the taxonomy National Environmental Policy Act relevant information available for the of Mexican voles in general, and no We have determined that subject species. Therefore, we continue longer supports the recognition of a environmental assessments and to make listing decisions based solely separate Hualapai Mexican vole environmental impact statements, as on the basis of the best scientific and subspecies. Reviews of the published defined under the authority of the commercial data available for each and unpublished reports have National Environmental Policy Act of species under consideration on a case- inconsistent conclusions because of 1969, need not be prepared in specific basis. different genetic analyses and data sets. connection with regulations adopted In making our determination whether However, there is sufficient evidence to pursuant to section 4(a) of the Act. We we recognize the Hualapai Mexican vole indicate that the currently listed entity published a notice outlining our reasons as a distinguishable subspecies and, for the Hualapai Mexican vole is no for this determination in the Federal thus, whether the petitioned action is longer a valid taxonomic subspecies. Register on October 25, 1983 (48 FR warranted, we considered all available Additionally, the Mexican vole is listed 49244). data that may inform the taxonomy of as least concern by IUCN in view of its the Hualapai Mexican vole, such as wide distribution, presumed large Government-to-Government ecology, morphology, and genetics. population, occurrence in a number of Relationship With Tribes In determining whether to recognize protected areas, and because it is In accordance with the President’s the Hualapai Mexican vole as a unlikely to be declining at nearly the memorandum of April 29, 1994, distinguishable subspecies, we must rate required to qualify for listing in a ‘‘Government-to-Government Relations first define the criteria used to make this threatened category (A´ lvarez-Castan˜ eda, with Native American Tribal decision given the available S.T. & Reid, F. 2016). We consider the Governments’’ (59 FR 22951), Executive information. Within the taxonomic entity that was previously described as Order 13175, and the Department of literature, there are no universally Hualapai Mexican vole (Microtus Interior’s manual at 512 DM 2, we agreed-upon criteria for delineating, mexicanus hualpaiensis) to be part of readily acknowledge our responsibility defining, or diagnosing subspecies the Mexican vole species (Microtus to communicate meaningfully with boundaries. Each possible subspecies mexicanus). The Mexican vole species recognized Federal Tribes on a has been subject to unique evolutionary ranges from the southern Rocky government-to-government basis. forces, different methods of selection Mountains in southern Utah and Therefore, we solicited information will act on each subspecies (genetic drift Colorado, through central Arizona and from Native American Tribes during the versus allopatric speciation), and the New Mexico, and throughout the proposed rule’s comment periods to potential divergence time (recent versus interior of north and central Me´xico in determine potential effects on them or more distant) will, therefore, lead to the Sierra Madre Mountains, as far their resources that may result from the different signals, particularly south as central Oaxaca, Mexico delisting of the Hualapai Mexican vole. genetically; as such, the methods for (Tamarin 1985, p. 99). No comments were received from detecting each will be different (Amec Based on the best available scientific Native American Tribes. 2015, pp. 101–102). Therefore, we and commercial data, we have conclude that the best scientific and determined that the Hualapai Mexican References Cited commercial information available vole is not a valid taxonomic A complete list of all references cited indicate that the Hualapai Mexican vole subspecies, and therefore, is not a in this rule is available on http://

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www.regulations.gov, or upon request recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 1531– from the Field Supervisor, Arizona Transportation. 1544; and 4201–4245, unless otherwise Ecological Services Field Office (see FOR noted. Regulation Promulgation FURTHER INFORMATION CONTACT). § 17.11 [Amended] Accordingly, we amend part 17, Authors ■ 2. Amend § 17.11(h) by removing the The primary authors of this rule are subchapter B of chapter I, title 50 of the entry for ‘‘Vole, Hualapai Mexican’’ the staff members of the Arizona Code of Federal Regulations, as set forth from the List of Endangered and Ecological Services Field Office, U.S. below: Threatened Wildlife. Fish and Wildlife Service (see PART 17—ENDANGERED AND Dated: May 25, 2017. ADDRESSES). THREATENED WILDLIFE AND PLANTS James W. Kurth, List of Subjects in 50 CFR Part 17 Acting Director, Fish and Wildlife Service. Endangered and threatened species, ■ 1. The authority citation for part 17 [FR Doc. 2017–13162 Filed 6–22–17; 8:45 am] Exports, Imports, Reporting and continues to read as follows: BILLING CODE 4333–15–P

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Proposed Rules Federal Register Vol. 82, No. 120

Friday, June 23, 2017

This section of the FEDERAL REGISTER Internet: http://www.regulations.gov. All 12866, 13563, and 13175. Additionally, contains notices to the public of the proposed comments should reference the because this rule does not meet the issuance of rules and regulations. The document number and the date and definition of a significant regulatory purpose of these notices is to give interested page number of this issue of the Federal action it does not trigger the persons an opportunity to participate in the Register and will be available for public requirements contained in Executive rule making prior to the adoption of the final rules. inspection in the office of the Docket Order 13771. See the Office of Clerk during regular business hours, or Management and Budget’s (OMB) can be viewed at: http:// Memorandum titled ‘‘Interim Guidance DEPARTMENT OF AGRICULTURE www.regulations.gov. All comments Implementing Section 2 of the Executive submitted in response to this proposal Order of January 30, 2017, titled Agricultural Marketing Service will be included in the record and will ‘Reducing Regulation and Controlling be made available to the public. Please Regulatory Costs’ ’’ (February 2, 2017). 7 CFR Parts 925 and 944 be advised that the identity of the This proposed rule has been reviewed [Doc. No. AMS–SC–16–0009, SC16–925–2 individuals or entities submitting the under Executive Order 12988, Civil PR] comments will be made public on the Justice Reform. This action is not Internet at the address provided above. intended to have retroactive effect. Grapes Grown in a Designated Area of FOR FURTHER INFORMATION CONTACT: The Act provides that administrative Southeastern California and Imported Kathie Notoro, Marketing Specialist, or proceedings must be exhausted before Table Grapes; Removing Varietal Jeffrey Smutny, Regional Director, parties may file suit in court. Under Exemptions California Marketing Field Office, section 608c(15)(A) of the Act, any Marketing Order and Agreement handler subject to an order may file a AGENCY: Agricultural Marketing Service, Division, Specialty Crops Program, petition with USDA stating that the USDA. AMS, USDA; Telephone: (559) 487– order, any provision of the order, or any ACTION: Proposed rule. 5901; Fax: (559) 487–5906, or Email: obligation imposed in connection with [email protected] or the order is not in accordance with law SUMMARY: This proposed rule would [email protected]. and request a modification of the order implement a recommendation from the Small businesses may request or to be exempted therefrom. A handler California Desert Grape Administrative information on complying with this is afforded the opportunity for a hearing Committee (Committee) to remove regulation by contacting Richard Lower, on the petition. After the hearing, USDA varietal exemptions from the regulations Marketing Order and Agreement would rule on the petition. The Act established under the California table Division, Specialty Crops Program, provides that the district court of the grape marketing order (order) and the AMS, USDA, 1400 Independence United States in any district in which table grape import regulation (import Avenue SW., STOP 0237, Washington, the handler is an inhabitant, or has his regulation). The order regulates the DC 20250–0237; Telephone: (202) 720– or her principal place of business, has handling of table grapes grown in a 2491, Fax: (202) 720–8938, or Email: jurisdiction to review USDA’s ruling on designated area of southeastern [email protected]. the petition, provided an action is filed California and is administered locally SUPPLEMENTARY INFORMATION: This not later than 20 days after the date of by the Committee. The import proposed rule is issued under Marketing the entry of the ruling. regulation is authorized under section Order No. 925, as amended (7 CFR part There are no administrative 8e of the Agricultural Marketing 925), regulating the handling of grapes procedures which must be exhausted Agreement Act of 1937, as amended, grown in a designated area of prior to any judicial challenge to the and regulates the importation of table southeastern California, hereinafter provisions of import regulations issued grapes into the United States. In referred to as the ‘‘order.’’ The order is under section 8e of the Act. conjunction with this proposed rule, effective under the Agricultural Under the terms of the order, fresh administrative exemptions that were Marketing Agreement Act of 1937, as market shipments of Vitis vinifera table previously granted for other varieties of amended (7 U.S.C. 601–674), hereinafter grape varieties, including hybrids, from imported grapes, including those that referred to as the ‘‘Act.’’ the production area are required to be are genetically related to the four This proposed rule is also issued inspected and are subject to grade, size, varieties exempted under the order’s under section 8e of the Act, which quality, maturity, pack, and container regulations and import regulation, provides that whenever certain requirements during the period April 10 would be removed. specified commodities, including table through July 10 (regulatory period) each DATES: Comments must be received by grapes, are regulated under a Federal year. Such shipments must be certified August 22, 2017. marketing order, imports of those as meeting the order’s requirements. ADDRESSES: Interested persons are commodities into the United States are Pursuant to section 8e of the Act, table invited to submit written comments prohibited unless they meet the same or grapes imported into the United States concerning this proposal. Comments comparable quality, grade, size, and during the regulatory period must also must be sent to the Docket Clerk, maturity requirements as those in effect be inspected and certified as meeting Marketing Order and Agreement for the domestically produced the grade, size, quality, and maturity Division, Specialty Crops Program, commodities. standards contained in the import AMS, USDA, 1400 Independence The Department of Agriculture regulation. Avenue SW., Stop 0237, Washington, (USDA) is issuing this proposed rule in Historically, four varieties of grapes DC 20250–0237; Fax: (202) 720–8938; or conformance with Executive Orders have been exempted from requirements

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established under the order and the maturity, pack, and container consumer considerations when import regulation because these requirements for shipments of all purchasing them, the Committee varieties were not grown within the varieties of Vitis vinifera table grapes recommended at its meeting on regulated production area. The Emperor, from the production area from April 10 November 12, 2015, that the order’s Calmeria, Almeria, and Ribier varieties through July 10 each year. Section administrative rules and regulations be were first exempted from regulation 925.304 also contains the regulatory updated to remove exemptions provided under the order for the 1983 marketing exemption for the Emperor, Calmeria, for the Emperor, Calmeria, Almeria, and period (48 FR 16025; April 4, 1983). The Almeria, and Ribier varieties. Ribier varieties. Under the proposed import regulation provides that The corresponding grade, size, rule, all table grapes handled in the imported grapes must meet the same or quality, and maturity requirements for production area during the regulatory comparable grade, size, quality, and imported table grapes are contained in period would be subject to the grade, maturity requirements as domestic 7 CFR 944.503, which also specifies the size, quality, maturity, pack, and grapes regulated under the order. regulatory exemption for the Emperor, container requirements specified in the The varietal exemptions were made Calmeria, Almeria, and Ribier varieties. order and would be subject to effective in both the order’s regulations In the early 1980s, when the order inspection and certification and the import regulation on a and import regulation were established, requirements, regardless of variety. The continuing basis in 1985 (50 FR 18849; there were fewer grape varieties grown Committee believes that ensuring May 3, 1985). Subsequently, sixteen in the production area. The distinct consistently high quality grade, size, other grape varieties genetically related characteristics of individual table grape and maturity, as verified through to one or more of the four exempted varieties were recognized by consumers, inspection and certification, would varieties were subject to administrative and grapes were marketed accordingly. encourage repeat purchases by exemptions from regulation under the Regulatory exemptions were provided consumers, thereby increasing returns to import regulation because they were not for the handling of certain varieties that producers and handlers. grown in the production area. were not grown in the production area As required under section 8e of the The order regulates all vinifera but imported into the United States to Act, varietal exemptions would likewise species of table grapes, including the satisfy market demand. Progeny and no longer apply to imported grapes. exempted varieties. Accordingly, the genetically-related hybrids of those Accordingly, all table grapes offered for proposed rule would update the order’s exempted varieties were also exempted importation into the United States regulations to remove all varietal administratively because they were not during the regulatory period would be exemptions including the original being grown in the production area. subject to the grade, size, quality, and varietal exemptions and subsequent As a result of extensive breeding maturity regulations specified in the administrative exemptions. Pursuant to programs, the number of different grape import regulation and would be subject section 8(e), corresponding updates varieties cultivated in the production to inspection and certification would also be made to the import area has expanded. Now, varieties requirements. regulations. administratively exempted from the The proposed rule would modify the The Committee believes it is import regulation, such as the Red introductory paragraph of § 925.304— important that table grapes marketed in Globe variety, are being grown in the California Desert Grape Regulation 6—of the U.S. during the regulatory period are production area. the order’s regulations by removing the of a consistently high quality, grade, In addition, as a result of the four historically exempt varieties: size, and maturity. Updating the extensive breeding programs Emperor, Calmeria, Almeria, and Ribier. regulations to remove outdated varietal introducing new hybrids, the Additionally, § 944.503(a)(1) of the exemptions will improve the marketing distinguishing characteristics of each import regulation would be modified by of table grapes; better meet the needs of variety have become less pronounced. removing the exemptions for Emperor, consumers; increase returns to growers, Table grapes are now typically marketed Calmeria, Almeria, and Ribier varieties handlers, and importers; and foster by color and presence or absence of from the import regulation. In repeat purchases by consumers. seeds, rather than by specific variety, conjunction with these actions, Section 925.6 of the order defines such as ‘‘red seedless’’ instead of administrative exemptions for imported varieties to mean and to include all ‘‘Emperor’’, ‘‘green seeded’’ instead of varieties, including Italia Pirovano classifications or subdivisions of Vitis ‘‘Calmeria’’ or ‘‘Almeria’’, or ‘‘black (Blanca Italia), Christmas Rose, vinifera table grapes. seeded’’ grapes instead of ‘‘Ribier’’. Muscatel, Barlinka, Dauphine, Kyoho, Section 925.52(a)(1) of the order According to a March 2011 consumer Waltham Cross, Alphonse Lavallee, provides authority to regulate the research study sponsored by the Desert Bien Donne, Bonnoir (Bonheur), La handling of any grade, size, quality, Grape Growers League of California Rochelle, Queen, Rouge, Sonita, Tokay maturity, or pack of any and all grape entitled, ‘‘Consumer Awareness of and Red Globe, would be removed. varieties during any period. Section Grape Varieties Online Study,’’ the 925.53 provides authority for the presence or absence of seeds, overall Initial Regulatory Flexibility Analysis Committee to recommend to USDA appearance, and price are the dominant Pursuant to requirements set forth in changes to regulations issued pursuant factors in grape purchases by retail the Regulatory Flexibility Act (RFA) (5 to § 925.52. customers. Most customers surveyed U.S.C. 601–612), the Agricultural Section 925.55 of the order specifies could not name a single grape variety Marketing Service (AMS) has that when grapes are regulated pursuant without prompting. A copy of this study considered the economic impact of this to § 925.52, such grapes must be can be obtained by contacting the proposed rule on small entities. inspected by the Federal or Federal- Committee or the USDA contact persons Accordingly, AMS has prepared this State Inspection Service and certified to listed in the FOR FURTHER INFORMATION initial regulatory flexibility analysis. ensure they meet applicable CONTACT section of this proposed rule. The purpose of the RFA is to fit requirements. To update the regulations to reflect regulatory actions to the scale of Section 925.304 of the order’s changes in production in the production businesses subject to such actions in administrative rules and regulations area, as well as changes in consumer order that small businesses will not be specifies the grade, size, quality, understanding about table grapes and unduly or disproportionately burdened.

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Marketing orders issued pursuant to the In conjunction with this action, According to industry research, table Act, and the rules issued thereunder, are administrative regulatory exemptions grape consumers make purchases based unique in that they are brought about previously granted for other imported upon the quality characteristics of the through group action of essentially Vitis vinifera table grapes, including any grapes. Consumers are more likely to small entities acting on their own varieties that are genetically related to make repeat purchases following behalf. Import regulations issued under the four exempted varieties, such as satisfactory experiences with previous the Act are based on those established Italia Pirovano (Blanca Italia), Christmas purchases. Rather than selecting grapes under Federal marketing orders. Rose, Muscatel, Barlinka, Dauphine, by variety, consumers purchase varietal Currently, there are approximately 12 Kyoho, Waltham Cross, Alphonse types that will meet their needs, such as handlers of southeastern California Lavallee, Bien Donne, Bonnoir ‘‘red seedless’’ or ‘‘black seeded’’ grapes. grapes who are subject to regulation (Bonheur), La Rochelle, Queen, Rouge, Therefore, the Committee believes that under the order and about 38 table grape Sonita, Tokay and Red Globe, would it is important to ensure that all table producers in the production area. also be removed. Removing the grapes shipped or imported during the Additionally, there are approximately exemptions is expected to ensure that regulatory period are of consistent high 135 importers of grapes. Small all table grapes marketed during the quality, regardless of variety. It is agricultural service firms are defined by regulatory period are of consistent high expected that removing the regulatory the Small Business Administration (13 quality, grade, size, and maturity, which exemptions will ensure that all table CFR 121.201) as those having annual is expected to improve returns for grapes marketed in the United States receipts of less than $7,500,000, and domestic producers, handlers, and during the regulatory period will be of small agricultural producers are defined importers due to increased purchases by a consistent quality, better meeting the as those whose annual receipts are less consumers. needs of consumers and fostering repeat than $750,000. According to the The majority of grapes imported into purchases, thus increasing the demand Committee’s inspection reports, seven of the United States are from Chile. Recent for grapes and increasing returns to the 12 handlers subject to regulation data indicate total imports of grapes producers, handlers, and importers. have annual grape sales of less than $7.5 from Chile average approximately The Committee considered million. In addition, the Committee 352,102.2 metric tons annually. Of this alternatives to this action, including estimates that at least nine of the 38 amount, the quantity of exempt varieties maintaining the current varietal producers have annual receipts of less of Chilean grapes imported during the exemptions. However, the Committee than $750,000 and would be considered regulatory period averages anticipates that subjecting all grape small businesses under the Small approximately 8,164.7 metric tons, varieties and variety types grown in the Business Administration threshold of which represents less than four percent production area to the requirements of the grapes imported from Chile. Of $750,000. Based on the foregoing, it may under the order and the import these exempt shipments, the majority be concluded that slightly more than regulation would best ensure that (81 percent, based on a ten-year average) half of the grape handlers and a consumers receive quality grapes, which are of the Red Globe variety, which is minority of the grape producers could in turn would provide producers, now grown in the production area. All be classified as small entities. handlers, and importers with higher other exempt varieties are of the varietal returns. Chile, Mexico, and Peru are the major types also grown in the production area. countries that export table grapes to the As a result of the proposed changes, AMS is committed to complying with United States. According to the 2015 all table grapes grown in the production the E-Government Act, to promote the data from the U.S. Department of area or imported into the United States use of the internet and other Agriculture, Foreign Agricultural during the regulatory period would be information technologies to provide Service, shipments of table grapes subject to inspection and certification increased opportunities for citizen imported into the United States from requirements, as established under the access to Government information and Chile were valued at $805,226,000; from order. Fees for inspection and services, and for other purposes. Mexico were valued at $329,494,000; certification, which are performed by In accordance with the Paperwork and those from Peru were valued at USDA’s Federal or Federal-State Reduction Act of 1995 (44 U.S.C. $204,349,000. The total value of table Inspection Service, are typically 3.8 Chapter 35), the order’s information grapes imported into the United States cents per package. This estimated collection requirements have been in 2015 was $1,344,077,000. When this increase in costs would represent only previously approved by OMB and value is divided by the total number of a small percentage of the value of the assigned OMB No. 0581–0189. No importers (135), it is estimated that the grapes. Grape prices can vary changes in those requirements as a average grape importer received over significantly, ranging from $6 to $44 per result of this action are necessary. $9.9 million in revenue from the sale of package. The inspection cost per Should any changes become necessary, grapes. Therefore, it may be concluded package represents less than two-tenths they would be submitted to OMB for that the average table grape importer is of one percent of the midpoint of the approval. not classified as a small entity. range of prices per package ($25). This proposed rule would not impose This rule would remove the varietal In addition, some of the exempted any additional reporting or exemptions from the introductory varieties are currently being inspected recordkeeping requirements on either paragraph of § 925.304 of the regulations on a voluntary basis to meet buyer small or large grape handlers or of the California desert grape marketing requirements, but the quantity is importers. As with all Federal marketing order and from § 944.503(a)(1) of the unknown. For those products, the order programs, reports and forms are table grape import regulation. Authority proposed changes would result in no periodically reviewed to reduce for the change to the California desert increased cost. information requirements and grape order is provided in The benefits of removing the duplication by industry and public §§ 925.52(a)(1) and 925.53. Authority for exemptions, as discussed below, are sector agencies. In addition, USDA has the change to the table grape import expected to outweigh any additional not identified any relevant Federal rules regulation is provided in section 8e of costs incurred by handlers and that duplicate, overlap, or conflict with the Act. importers. this rule.

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Further, the Committee’s meeting was unless approved in accordance with this proposed AD to require actions to widely publicized throughout the table paragraph (e) of this section, nor handle address the unsafe condition on these grape industry, and all interested any variety of grapes unless such grapes products. persons were invited to attend the meet the requirements specified in this DATES: We must receive comments on meeting and participate in Committee section. this proposed AD by August 7, 2017. deliberations. Like all Committee * * * * * meetings, the November 12, 2015, ADDRESSES: You may send comments by meeting was a public meeting. All PART 944—FRUITS; IMPORT any of the following methods: entities, both large and small, were able REGULATIONS • Federal eRulemaking Portal: Go to to express their views on this issue. http://www.regulations.gov. Follow the ■ Interested persons are invited to submit 3. In § 944.503, revise the introductory instructions for submitting comments. text of paragraph (a)(1) to read as comments on this proposed rule, • Fax: (202) 493–2251. follows: including the regulatory and • Mail: U.S. Department of informational impacts of this action on § 944.503 Table Grape Import Regulation. Transportation, Docket Operations, M– small businesses. (a)(1) Pursuant to section 8e of the Act 30, West Building Ground Floor, Room A small business guide on complying and Part 944—Fruits, Import W12–140, 1200 New Jersey Avenue SE., with fruit, vegetable, and specialty crop Regulations, and except as provided in Washington, DC 20590. marketing agreements and orders may paragraphs (a)(1)(iii) and (iv) of this • Hand Delivery: U.S. Department of be viewed at: http://www.ams.usda.gov/ section, the importation into the United Transportation, Docket Operations, M– rules-regulations/moa/small-businesses. States of any variety of Vinifera species 30, West Building Ground Floor, Room Any questions about the compliance table grapes is prohibited unless such W12–140, 1200 New Jersey Avenue SE., guide should be sent to Richard Lower grapes meet the minimum grade and Washington, DC 20590, between 9 a.m. at the previously mentioned address in size requirements established in and 5 p.m., Monday through Friday, the FOR FURTHER INFORMATION CONTACT paragraphs (a)(1)(i) or (ii) of this section. except Federal holidays. section. In accordance with section 8e of the * * * * * For service information identified in Act, the United States Trade Dated: June 20, 2017. this proposed AD, contact BAE Systems (Operations) Limited, Customer Representative has concurred with the Erin Morris, issuance of this proposed rule. Information Department, Prestwick Associate Administrator, Agricultural International Airport, Ayrshire, KA9 A 60-day comment period is provided Marketing Service. 2RW, Scotland, United Kingdom; to allow interested persons to respond [FR Doc. 2017–13173 Filed 6–22–17; 8:45 am] to this proposal. All written comments telephone: +44 1292 675207; fax: +44 BILLING CODE 3410–02–P received in a timely manner will be 1292 675704; email: RApublications@ considered before a final determination baesystems.com; Internet: http:// is made on this matter. www.baesystems.com/Businesses/ DEPARTMENT OF TRANSPORTATION RegionalAircraft/. You may review List of Subjects copies of the referenced service Federal Aviation Administration 7 CFR Part 925 information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 14 CFR Part 39 Grapes, Marketing agreements, Missouri 64106. For information on the Reporting and recordkeeping [Docket No. FAA–2017–0639; Directorate availability of this material at the FAA, requirements. Identifier 2017–CE–016–AD] call (816) 329–4148. 7 CFR Part 944 RIN 2120–AA64 Examining the AD Docket Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Airworthiness Directives; British You may examine the AD docket on Limes, Olives, Oranges. Aerospace Regional Aircraft Airplanes the Internet at http:// www.regulations.gov by searching for For the reasons set forth above, 7 CFR AGENCY: Federal Aviation and locating Docket No. FAA–2017– parts 925 and 944 are proposed to be Administration (FAA), Department of 0639; or in person at the Docket amended as follows: Transportation (DOT). Management Facility between 9 a.m. PART 925—GRAPES GROWN IN A ACTION: Notice of proposed rulemaking and 5 p.m., Monday through Friday, DESIGNATED AREA OF (NPRM). except Federal holidays. The AD docket SOUTHEASTERN CALIFORNIA contains this proposed AD, the SUMMARY: We propose to adopt a new regulatory evaluation, any comments ■ 1. The authority citation for 7 CFR airworthiness directive (AD) for British received, and other information. The parts 925 and 944 continues to read as Aerospace Regional Aircraft Jetstream street address for the Docket Office follows: Series 3101 and Jetstream Model 3201 (telephone (800) 647–5527) is in the airplanes that would supersede AD ADDRESSES section. Comments will be Authority: 7 U.S.C. 601–674. 2014–07–09. This proposed AD results available in the AD docket shortly after ■ 2. In § 925.304, the introductory text from mandatory continuing receipt. is revised to read as follows: airworthiness information (MCAI) originated by an aviation authority of FOR FURTHER INFORMATION CONTACT: § 925.304 California Desert Grape another country to identify and correct Doug Rudolph, Aerospace Engineer, Regulation 6. an unsafe condition on an aviation FAA, Small Airplane Directorate, 901 During the period April 10 through product. The MCAI describes the unsafe Locust, Room 301, Kansas City, July 10 each year, no person shall pack condition as inadequate instructions for Missouri 64106; telephone: (816) 329– or repack any variety of grapes on any inspection for corrosion on the rudder 4059; fax: (816) 329–4090; email: Saturday, Sunday, Memorial Day, or the upper hinge bracket and certain internal [email protected]. observed Independence Day holiday, wing and drainage paths. We are issuing SUPPLEMENTARY INFORMATION:

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Comments Invited 002 C1, 200/EX/01 C2, 500/IN/02 C1, 600/IN/ Authority for This Rulemaking 04 C1 and 700/IN/04 C1 have been added to We invite you to send any written the CPCP at Revision 8. Title 49 of the United States Code relevant data, views, or arguments about For the reason described above, this specifies the FAA’s authority to issue this proposed AD. Send your comments [EASA] AD retains the requirements of EASA rules on aviation safety. Subtitle I, to an address listed under the AD 2012–0036, which is superseded, and section 106, describes the authority of ADDRESSES section. Include ‘‘Docket No. requires accomplishment of the actions the FAA Administrator. ‘‘Subtitle VII: FAA–2017–0639; Directorate Identifier specified in BAE Systems (Operations) Ltd Aviation Programs,’’ describes in more 2017–CE–016–AD’’ at the beginning of Jetstream Series 3100 & 3200 CPCP, JS/CPCP/ detail the scope of the Agency’s 01, Revision 8 (hereafter referred to as ‘the your comments. We specifically invite CPCP’ in this AD). authority. comments on the overall regulatory, We are issuing this rulemaking under economic, environmental, and energy You may examine the MCAI on the the authority described in ‘‘Subtitle VII, aspects of this proposed AD. We will Internet at http://www.regulations.gov Part A, Subpart III, Section 44701: consider all comments received by the by searching for and locating Docket No. General requirements.’’ Under that closing date and may amend this FAA–2017–0639. section, Congress charges the FAA with proposed AD because of those Related Service Information Under 1 promoting safe flight of civil aircraft in comments. CFR Part 51 air commerce by prescribing regulations We will post all comments we for practices, methods, and procedures BAE Systems (Operations) Limited receive, without change, to http:// the Administrator finds necessary for has issued British Aerospace Jetstream regulations.gov, including any personal safety in air commerce. This regulation Series 3100 & 3200 Corrosion information you provide. We will also is within the scope of that authority Prevention and Control Programme, post a report summarizing each because it addresses an unsafe condition Manual Ref: JS/CPCP/01, Revision 8, substantive verbal contact we receive that is likely to exist or develop on dated October 15, 2016. The service about this proposed AD. products identified in this rulemaking information describes procedures for a action. Discussion comprehensive corrosion prevent and On April 4, 2014, we issued AD 2014– control program. This service Regulatory Findings 07–09, Amendment 39–17823 (79 FR information is reasonably available We determined that this proposed AD 22367; April 22, 2014). That AD because the interested parties have would not have federalism implications required actions intended to address an access to it through their normal course under Executive Order 13132. This unsafe condition on British Aerospace of business or by the means identified proposed AD would not have a Regional Aircraft Model Jetstream Series in the ADDRESSES section of this NPRM. substantial direct effect on the States, on 3101 and Jetstream Model 3201 FAA’s Determination and Requirements the relationship between the national airplanes and was based on mandatory of the Proposed AD Government and the States, or on the distribution of power and continuing airworthiness information This product has been approved by responsibilities among the various (MCAI) originated by an aviation the aviation authority of another levels of government. authority of another country. country, and is approved for operation Since we issued AD 2014–07–09, For the reasons discussed above, I in the United States. Pursuant to our more extensive reports of corrosion have certify this proposed regulation: bilateral agreement with this State of been received, resulting in the need to (1) Is not a ‘‘significant regulatory Design Authority, they have notified us inspect additional areas. action’’ under Executive Order 12866, The European Aviation Safety Agency of the unsafe condition described in the (2) Is not a ‘‘significant rule’’ under (EASA), which is the Technical Agent MCAI and service information the DOT Regulatory Policies and for the Member States of the European referenced above. We are proposing this Procedures (44 FR 11034, February 26, Community, has issued EASA AD No.: AD because we evaluated all 1979), 2017–0073, dated April 27, 2017 information and determined the unsafe (3) Will not affect intrastate aviation (referred to after this as ‘‘the MCAI’’), to condition exists and is likely to exist or in Alaska, and correct an unsafe condition for the develop on other products of the same (4) Will not have a significant specified products. The MCAI states: type design. economic impact, positive or negative, Costs of Compliance on a substantial number of small entities Maintenance instructions for BAE under the criteria of the Regulatory Jetstream 3100 and 3200 aeroplanes, which We estimate that this proposed AD Flexibility Act. are approved by EASA, are currently defined will affect 42 products of U.S. registry. and published in the BAE Systems We also estimate that it would take List of Subjects in 14 CFR Part 39 (Operations) Ltd Jetstream Series 3100 & about 100 work-hours per product to 3200 Corrosion Prevention and Control Air transportation, Aircraft, Aviation Programme (CPCP) document, JS/CPCP/01. comply with the basic requirements of safety, Incorporation by reference, These instructions have been identified as this proposed AD. The average labor Safety. mandatory for continued airworthiness. rate is $85 per work-hour. Failure to accomplish these instructions Based on these figures, we estimate The Proposed Amendment could result in an unsafe condition. the cost of the proposed AD on U.S. Accordingly, under the authority EASA issued AD 2012–0036 to require operators to be $357,000, or $8,500 per delegated to me by the Administrator, operators to comply with the inspection product. the FAA proposes to amend 14 CFR part instructions as contained in the CPCP at The scope of damage found in the 39 as follows: Revision 6. required inspection could vary Since that AD was issued, reports have significantly from airplane to airplane. PART 39—AIRWORTHINESS been received of finding extensive corrosion. DIRECTIVES While affected areas are covered by an We have no way of determining how much damage may be found on each existing zonal inspection, it has been ■ 1. The authority citation for part 39 determined that this inspection is inadequate airplane or the cost to repair damaged to identify the corrosion in those areas. parts on each airplane or the number of continues to read as follows: Consequently, new inspection items 52–11– airplanes that may require repair. Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] tasks required by paragraphs (f)(1) or (2) of locating Docket No. FAA–2017–0639. For ■ 2. The FAA amends § 39.13 by this AD, within the compliance time service information related to this AD, removing Amendment 39–17823 (79 FR specified, repair or replace, as applicable, all contact BAE Systems (Operations) Limited, 22367; April 22, 2014), and adding the damaged structural parts and components Customer Information Department, Prestwick and do the maintenance procedures for International Airport, Ayrshire, KA9 2RW, following new AD: corrective action following BAE Systems Scotland, United Kingdom; telephone: +44 British Aerospace Regional Aircraft: Docket (Operations) Limited Jetstream Series 3100 & 1292 675207; fax: +44 1292 675704; email: No. FAA–2017–0639; Directorate 3200 Corrosion Prevention and Control [email protected]; Internet: Identifier 2017–CE–016–AD. Programme, Manual Ref. JS/CPCP/01, http://www.baesystems.com/Businesses/ Revision 8, dated October 15, 2016. If no RegionalAircraft/. You may review copies of (a) Comments Due Date compliance time is defined, do the applicable the referenced service information at the We must receive comments by August 7, corrective action before further flight. FAA, Small Airplane Directorate, 901 Locust, 2017. Kansas City, Missouri 64106. For information (g) Other FAA AD Provisions (b) Affected ADs on the availability of this material at the The following provisions also apply to this FAA, call (816) 329–4148. This AD replaces AD 2014–07–09, AD: Amendment 39–17823 (79 FR 22367; April (1) Alternative Methods of Compliance Issued in Kansas City, Missouri, on June 22, 2014) (‘‘2014–07–09’’). (AMOCs): The Manager, Standards Office, 19, 2017. Pat Mullen, (c) Applicability FAA, has the authority to approve AMOCs for this AD, if requested using the procedures Acting Manager, Small Airplane Directorate, This AD applies to British Aerospace found in 14 CFR 39.19. Send information to Aircraft Certification Service. Regional Aircraft Jetstream Series 3101 and ATTN: Doug Rudolph, Aerospace Engineer, [FR Doc. 2017–13130 Filed 6–22–17; 8:45 am] Jetstream Model 3201 airplanes, all serial FAA, Small Airplane Directorate, 901 Locust, BILLING CODE 4910–13–P numbers, certificated in any category. Room 301, Kansas City, Missouri 64106; (d) Subject telephone: (816) 329–4059; fax: (816) 329– 4090; email: [email protected]. Before Air Transport Association of America using any approved AMOC on any airplane DEPARTMENT OF TRANSPORTATION (ATA) Code 5: Time Limits. to which the AMOC applies, notify your Federal Aviation Administration (e) Reason appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), This AD was prompted by mandatory 14 CFR Part 39 continuing airworthiness information (MCAI) or lacking a PI, your local FSDO. originated by an aviation authority of another (2) Airworthy Product: For any requirement [Docket No. FAA–2017–0638; Directorate country to identify and correct an unsafe in this AD to obtain corrective actions from Identifier 2017–CE–018–AD] condition on an aviation product. The MCAI a manufacturer or other source, use these describes the unsafe condition as inadequate actions if they are FAA-approved. Corrective RIN 2120–AA64 instructions for inspection for corrosion on actions are considered FAA-approved if they the rudder upper hinge bracket and certain are approved by the State of Design Authority Airworthiness Directives; Diamond internal wing stations and drainage paths. (or their delegated agent). You are required Aircraft Industries GmbH Airplanes We are issuing this AD to detect and correct to assure the product is airworthy before it corrosion on the rudder upper hinge bracket is returned to service. AGENCY: Federal Aviation and internal wing, areas of the passenger/ (3) Reporting Requirements: For any Administration (FAA), Department of crew door hinges and supporting structure, reporting requirement in this AD, a federal Transportation (DOT). the main spar joint, and the engine support agency may not conduct or sponsor, and a ACTION: Notice of proposed rulemaking person is not required to respond to, nor attachment bolts, which could lead to (NPRM). reduced structural integrity of the airplane shall a person be subject to a penalty for failure to comply with a collection of with consequent loss of control. SUMMARY: We propose to adopt a new information subject to the requirements of (f) Actions and Compliance the Paperwork Reduction Act unless that airworthiness directive (AD) for certain Comply with paragraphs (f)(1) through (3) collection of information displays a current Diamond Aircraft Industries GmbH of this AD within the compliance times valid OMB Control Number. The OMB Models DA 42, DA 42 M–NG, and DA specified, unless already done: Control Number for this information 42 NG airplanes. This proposed AD (1) Before further flight after the effective collection is 2120–0056. Public reporting for results from mandatory continuing date of this AD, incorporate BAE Systems this collection of information is estimated to airworthiness information (MCAI) (Operations) Limited Jetstream Series 3100 & be approximately 5 minutes per response, originated by an aviation authority of 3200 Corrosion Prevention and Control including the time for reviewing instructions, another country to identify and correct Programme, Manual Ref. JS/CPCP/01, completing and reviewing the collection of an unsafe condition on an aviation Revision 8, dated October 15, 2016, into the information. All responses to this collection Limitations of your FAA-approved of information are mandatory. Comments product. The MCAI describes the unsafe maintenance program (instructions for concerning the accuracy of this burden and condition as crack formation on the flap continued airworthiness) on the basis of suggestions for reducing the burden should bell crank, which could cause the flap which the operator or the owner ensures the be directed to the FAA at: 800 Independence bell crank to fail. We are issuing this continuing airworthiness of each operated Ave. SW., Washington, DC 20591, Attn: proposed AD to require actions to airplane, as applicable to the airplane model. Information Collection Clearance Officer, address the unsafe condition on these (2) Do all tasks at the times specified in AES–200. products. BAE Systems (Operations) Limited Jetstream Series 3100 & 3200 Corrosion Prevention and (h) Related Information DATES: We must receive comments on Control Programme, Manual Ref. JS/CPCP/01, Refer to MCAI European Aviation Safety this proposed AD by August 7, 2017. Revision 8, dated October 15, 2016, or within Agency (EASA) AD No.: 2017–0073, dated ADDRESSES: You may send comments by the next 12 months after the effective date of April 27, 2017; and BAE Systems any of the following methods: this AD, whichever occurs later, except for (Operations) Limited Jetstream Series 3100 & • Federal eRulemaking Portal: Go to the following, which must be done within 12 3200 Corrosion Prevention and Control months after the effective date of this AD: Programme, Manual Ref. JS/CPCP/01, http://www.regulations.gov. Follow the 52–11–002 C1, 200/EX/01 C2, 500/IN/02 C1, Revision 8, dated October 15, 2016; for instructions for submitting comments. 600/IN/04 C1, and 700/IN/04 C1. related information. You may examine the • Fax: (202) 493–2251. (3) If any discrepancy, particularly MCAI on the Internet at http:// • Mail: U.S. Department of corrosion, is found during any inspections or www.regulations.gov by searching for and Transportation, Docket Operations, M–

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30, West Building Ground Floor, Room regulations.gov, including any personal FAA’s Determination and Requirements W12–140, 1200 New Jersey Avenue SE., information you provide. We will also of This Proposed AD Washington, DC 20590. post a report summarizing each • This product has been approved by Hand Delivery: U.S. Department of substantive verbal contact we receive the aviation authority of another Transportation, Docket Operations, M– about this proposed AD. country, and is approved for operation 30, West Building Ground Floor, Room Discussion in the United States. Pursuant to our W12–140, 1200 New Jersey Avenue SE., bilateral agreement with this State of Washington, DC 20590, between 9 a.m. The European Aviation Safety Agency Design Authority, they have notified us and 5 p.m., Monday through Friday, (EASA), which is the Technical Agent of the unsafe condition described in the except Federal holidays. for the Member States of the European MCAI and service information For service information identified in Community, has issued AD No. 2017– referenced above. We are proposing this this proposed AD, contact Diamond 0074, dated April 28, 2017 (referred to AD because we evaluated all Aircraft Industries GmbH, N.A. Otto- after this as ‘‘the MCAI’’), to correct an information and determined the unsafe + Stra e 5, A–2700 Wiener Neustadt, unsafe condition for the specified condition exists and is likely to exist or Austria, telephone: +43 2622 26700; fax: products. The MCAI states: develop on other products of the same +43 2622 26780; email: office@ type design. diamond-air.at; Internet: http:// Cracks and deformation have been found on the flap bell crank Part Number (P/N) Costs of Compliance www.diamondaircraft.com. You may D60–2757–11–00. Frequent high load review this referenced service conditions have been identified as the root We estimate that this proposed AD information at the FAA, Small Airplane cause. will affect 190 products of U.S. registry. Directorate, 901 Locust, Kansas City, This condition, if not detected and We also estimate that it would take Missouri 64106. For information on the corrected, could lead to failure of the flap about 4 work-hours per product to availability of this material at the FAA, bell crank and consequent reduced control of comply with the initial inspection call (816) 329–4148. the aeroplane. requirement of this proposed AD. The To address this potential unsafe condition, average labor rate is $85 per work-hour. Examining the AD Docket Diamond Aircraft Industries (DAI) issued Mandatory Service Bulletin (MSB) 42–126/ Based on these figures, we estimate You may examine the AD docket on the cost of the initial inspection the Internet at http:// MSB 42NG–066 and the corresponding Work Instruction (WI) MSB 42–126/WI–MSB requirement of this proposed AD on www.regulations.gov by searching for U.S. operators to be $64,000, or $340 per and locating Docket No. FAA–2017– 42NG–066 (single document), hereafter referred to as ‘the applicable MSB’ in this product. 0638; or in person at the Docket [EASA] AD, providing inspection and We also estimate that it would take Management Facility between 9 a.m. modification instructions. about 2 work-hours per product to and 5 p.m., Monday through Friday, For the reason described above, this comply with the repetitive inspection except Federal holidays. The AD docket [EASA] AD requires modification of the flap requirement of this proposed AD. The contains this proposed AD, the control system by installing two spacers to average labor rate is $85 per work-hour. regulatory evaluation, any comments replace a single long spacer, repetitive Based on these figures, we estimate received, and other information. The inspections of the flap bell crank, and, depending on findings, replacement of the the cost of the repetitive inspection street address for the Docket Office requirement of this proposed AD on (telephone (800) 647–5527) is in the flap bell crank with an improved part. Installation of an improved flap bell crank U.S. operators to be $32,300, or $170 per ADDRESSES section. Comments will be product. available in the AD docket shortly after constitutes terminating action for the repetitive inspections required by this In addition, we estimate that any receipt. [EASA] AD. necessary replacement action would FOR FURTHER INFORMATION CONTACT: take about 1 work-hour and require Mike Kiesov, Aerospace Engineer, FAA, You may examine the MCAI on the parts costing $430, for a cost of $515 per Small Airplane Directorate, 901 Locust, Internet at http://www.regulations.gov product. We have no way of Room 301, Kansas City, Missouri 64106; by searching for and locating Docket No. determining the number of products telephone: (816) 329–4144; fax: (816) FAA–2017–0638. that may need these actions. 329–4090; email: [email protected]. Related Service Information Under 1 According to the manufacturer, some SUPPLEMENTARY INFORMATION: CFR Part 51 of the costs of this proposed AD may be covered under warranty, thereby Comments Invited Diamond Aircraft Industries GmbH reducing the cost impact on affected We invite you to send any written has issued Mandatory Service Bulletin individuals. We do not control warranty relevant data, views, or arguments about MSB 42–126 MSB/42NG–066, dated coverage for affected individuals. As a this proposed AD. Send your comments March 27, 2017 (single document), and result, we have included all costs in our to an address listed under the Work Instruction WI–MSB 42–126/WI– cost estimate. ADDRESSES section. Include ‘‘Docket No. MSB 42NG–066, dated March 27, 2017 FAA–2017–0638; Directorate Identifier (single document). In combination, this Authority for This Rulemaking 2017–CE–018–AD’’ at the beginning of service information describes Title 49 of the United States Code your comments. We specifically invite procedures for repetitively inspecting specifies the FAA’s authority to issue comments on the overall regulatory, the flap bell crank for cracks, replacing rules on aviation safety. Subtitle I, economic, environmental, and energy the flap bell crank if cracks are found, section 106, describes the authority of aspects of this proposed AD. We will and modification of the flap control the FAA Administrator. ‘‘Subtitle VII: consider all comments received by the system. This service information is Aviation Programs,’’ describes in more closing date and may amend this reasonably available because the detail the scope of the Agency’s proposed AD because of those interested parties have access to it authority. comments. through their normal course of business We are issuing this rulemaking under We will post all comments we or by the means identified in the the authority described in ‘‘Subtitle VII, receive, without change, to http:// ADDRESSES section of this NPRM. Part A, Subpart III, section 44701:

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General requirements.’’ Under that (c) Applicability for this AD, if requested using the procedures section, Congress charges the FAA with This AD applies to Diamond Aircraft found in 14 CFR 39.19. Send information to promoting safe flight of civil aircraft in Industries GmbH Model DA 42, DA 42 M– ATTN: Mike Kiesov, Aerospace Engineer, air commerce by prescribing regulations NG, and DA 42 NG airplanes, serial numbers FAA, Small Airplane Directorate, 901 Locust, for practices, methods, and procedures 42.004 through 42.427, 42.AC001 through Room 301, Kansas City, Missouri 64106; 42.AC151, 42.M001 through 42.M026, telephone: (816) 329–4144; fax: (816) 329– the Administrator finds necessary for 4090; email: [email protected]. Before safety in air commerce. This regulation 42.N001 through 42.N067, 42.N100 through 42.N129, 42.NC001 through 42.NC008, and using any approved AMOC on any airplane is within the scope of that authority 42.MN001 through 42.MN033, certificated in to which the AMOC applies, notify your because it addresses an unsafe condition any category. appropriate principal inspector (PI) in the that is likely to exist or develop on FAA Flight Standards District Office (FSDO), products identified in this rulemaking (d) Subject or lacking a PI, your local FSDO. action. Air Transport Association of America (2) Airworthy Product: For any requirement (ATA) Code 27: Flight Controls. in this AD to obtain corrective actions from Regulatory Findings a manufacturer or other source, use these (e) Reason We determined that this proposed AD actions if they are FAA-approved. Corrective would not have federalism implications This AD was prompted by mandatory actions are considered FAA-approved if they under Executive Order 13132. This continuing airworthiness information (MCAI) are approved by the State of Design Authority originated by an aviation authority of another (or their delegated agent). You are required proposed AD would not have a country to identify and correct an unsafe to assure the product is airworthy before it substantial direct effect on the States, on condition on an aviation product. The MCAI is returned to service. the relationship between the national describes the unsafe condition as crack Government and the States, or on the formation on the flap bell crank. We are (h) Related Information distribution of power and issuing this AD to prevent failure of the flap Refer to MCAI European Aviation Safety responsibilities among the various bell crank, which could result in reduced Agency (EASA) AD No. 2017–0074, dated levels of government. control. April 28, 2017. You may examine the MCAI on the Internet at http://www.regulations.gov For the reasons discussed above, I (f) Actions and Compliance certify this proposed regulation: by searching for and locating Docket No. (1) Is not a ‘‘significant regulatory Unless already done, do the following FAA–2017–0638. For service information actions: related to this AD, contact Diamond Aircraft action’’ under Executive Order 12866, (1) Inspect the flap bell crank, part number Industries GmbH, N.A. Otto-Stra+e 5, A–2700 (2) Is not a ‘‘significant rule’’ under (P/N) D60–2757–11–00, and modify the flap Wiener Neustadt, Austria, telephone: +43 the DOT Regulatory Policies and control system by installing two spacers, P/ 2622 26700; fax: +43 2622 26780; email: Procedures (44 FR 11034, February 26, N DS BU2–10–06–0065–C, where the flap [email protected]; Internet: http:// 1979), actuator rod end bearing is connected to the www.diamondaircraft.com. You may review (3) Will not affect intrastate aviation flap bell crank, following the Instructions this referenced service information at the in Alaska, and section in Diamond Aircraft Industries GmbH FAA, Small Airplane Directorate, 901 Locust, (4) Will not have a significant (DAI) Work Instruction WI–MSB 42–126/WI– Kansas City, Missouri 64106. For information economic impact, positive or negative, MSB 42NG–066, dated March 27, 2017 on the availability of this material at the on a substantial number of small entities (single document), as specified in DAI FAA, call (816) 329–4148. under the criteria of the Regulatory Mandatory Service Bulletin MSB 42–126/ Issued in Kansas City, Missouri, on June Flexibility Act. MSB 42NG–066, dated March 27, 2017 19, 2017. (single document), at whichever of the List of Subjects in 14 CFR Part 39 following compliance times occurs later: Pat Mullen, (i) Before exceeding 600 hours time-in- Acting Manager, Small Airplane Directorate, Air transportation, Aircraft, Aviation service (TIS), and repetitively thereafter at Aircraft Certification Service. safety, Incorporation by reference, intervals not to exceed 200 hours TIS. [FR Doc. 2017–13139 Filed 6–22–17; 8:45 am] Safety. (ii) Within the next 100 hours TIS after the BILLING CODE 4910–13–P The Proposed Amendment effective date of this AD or within the next 6 months after the effective date of this AD, Accordingly, under the authority whichever occurs first, and repetitively DEPARTMENT OF TRANSPORTATION delegated to me by the Administrator, thereafter at intervals not to exceed 200 hours the FAA proposes to amend 14 CFR part TIS. Federal Aviation Administration 39 as follows: (2) If any discrepancies are found during any inspection required in paragraph (f)(1) of PART 39—AIRWORTHINESS this AD, before further flight, replace the flap 14 CFR Part 39 DIRECTIVES bell crank with an improved part, P/N D60– [Docket No. FAA–2017–0622; Directorate _ 2757–11–00 01, following the Instructions Identifier 2016–NM–192–AD] ■ 1. The authority citation for part 39 section in DAI Work Instruction WI–MSB continues to read as follows: 42–126/WI–MSB 42NG–066, dated March 27, RIN 2120–AA64 2017 (single document), as specified in DAI Authority: 49 U.S.C. 106(g), 40113, 44701. Mandatory Service Bulletin MSB 42–126/ Airworthiness Directives; Airbus MSB 42NG–066, dated March 27, 2017 § 39.13 [Amended] Airplanes (single document). Installing P/N D60–2757– ■ 2. The FAA amends § 39.13 by adding 11–00_01 terminates the repetitive AGENCY: Federal Aviation the following new AD: inspections required in paragraph (f)(1) of Administration (FAA), DOT. Diamond Aircraft Industries GmbH: Docket this AD. This installation as terminating ACTION: Notice of proposed rulemaking No. FAA–2017–0638; Directorate action may be done in lieu of the inspections (NPRM). Identifier 2017–CE–018–AD. required in paragraph (f)(1) of this AD. (a) Comments Due Date (g) Other FAA AD Provisions SUMMARY: We propose to adopt a new The following provisions also apply to this airworthiness directive (AD) for certain We must receive comments by August 7, Airbus Model A318 and A319 series 2017. AD: (1) Alternative Methods of Compliance airplanes; Model A320–211, –212, –214, (b) Affected ADs (AMOCs): The Manager, Standards Office, –231, –232, and –233 airplanes; and None. FAA, has the authority to approve AMOCs Model A321–111, –112, –131, –211,

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–212, –213, –231, and –232 airplanes. International Branch, ANM–116, allocations and configuration definitions This proposed AD was prompted by Transport Airplane Directorate, FAA, were identified in it. Consequently Airbus reports of a vertical strut penetrating 1601 Lind Avenue SW., Renton, WA revised that SB, and in addition issued SB through the cabin floor during an 98057–3356; telephone 425–227–1405; A320–53–1333 and SB A320–53–1334. emergency water landing and on For the reason described above, this fax 425–227–1149. [EASA] AD requires modification of the airframe ground contact at certain SUPPLEMENTARY INFORMATION: fuselage structure at FR65. speeds/accelerations. This proposed AD would require modification of the Comments Invited You may examine the MCAI in the fuselage structure at frame (FR) 65. We We invite you to send any written AD docket on the Internet at http:// are proposing this AD to address the relevant data, views, or arguments about www.regulations.gov by searching for unsafe condition on these products. this proposed AD. Send your comments and locating Docket No. FAA–2017– DATES: We must receive comments on to an address listed under the 0622. this proposed AD by August 7, 2017. ADDRESSES section. Include ‘‘Docket No. Related Service Information Under 1 ADDRESSES: You may send comments, FAA–2017–0622; Directorate Identifier CFR Part 51 using the procedures found in 14 CFR 2016–NM–192–AD’’ at the beginning of 11.43 and 11.45, by any of the following your comments. We specifically invite Airbus has issued the following methods: comments on the overall regulatory, Airbus service information: • Federal eRulemaking Portal: Go to economic, environmental, and energy • Airbus Service Bulletin A320–53– http://www.regulations.gov. Follow the aspects of this proposed AD. We will 1262, excluding Appendix 01 and instructions for submitting comments. consider all comments received by the including Appendix 02, Revision 01, • Fax: 202–493–2251. closing date and may amend this dated July 29, 2016; • Mail: U.S. Department of proposed AD based on those comments. • Airbus Service Bulletin A320–53– Transportation, Docket Operations, M– We will post all comments we 1333, excluding Appendix 01 and 30, West Building Ground Floor, Room receive, without change, to http:// including Appendix 02, dated July 29, W12–140, 1200 New Jersey Avenue SE., www.regulations.gov, including any 2016; and Washington, DC 20590. personal information you provide. We • • Hand Delivery: Deliver to Mail will also post a report summarizing each Airbus Service Bulletin A320–53– address above between 9 a.m. and 5 substantive verbal contact we receive 1334, excluding Appendix 01 and p.m., Monday through Friday, except about this proposed AD. including Appendixes 02 and 03, dated Federal holidays. July 29, 2016. For service information identified in Discussion The service information describes this NPRM, contact Airbus, The European Aviation Safety Agency procedures for modifying the fuselage Airworthiness Office–EIAS, 1 Rond (EASA), which is the Technical Agent structure at FR 65. These documents are Point Maurice Bellonte, 31707 Blagnac for the Member States of the European distinct since they apply to different Cedex, France; telephone +33 5 61 93 36 Union, has issued EASA Airworthiness airplane configurations. This service 96; fax +33 5 61 93 44 51; email Directive 2016–0212, dated October 25, information is reasonably available [email protected]; 2016 (referred to after this as the because the interested parties have Internet http://www.airbus.com. You Mandatory Continuing Airworthiness access to it through their normal course may view this referenced service Information, or ‘‘the MCAI’’), to correct of business or by the means identified information at the FAA, Transport an unsafe condition for certain Airbus in the ADDRESSES section. Airplane Directorate, 1601 Lind Avenue Model A318 and A319 series airplanes; SW., Renton, WA. For information on Model A320–211, –212, –214, –231, FAA’s Determination and Requirements the availability of this material at the –232, and –233 airplanes; and Model of This Proposed AD FAA, call 425–227–1221. A321–111, –112, –131, –211, –212, This product has been approved by Examining the AD Docket –213, –231, and –232 airplanes. The the aviation authority of another MCAI states: You may examine the AD docket on country, and is approved for operation the Internet at http:// In service occurrences were reported in the United States. Pursuant to our www.regulations.gov by searching for where, as a consequence [during an bilateral agreement with the State of and locating Docket No. FAA–2017– emergency water landing and] of an airframe Design Authority, we have been notified ground contact above certified vertical speed/ of the unsafe condition described in the 0622; or in person at the Docket vertical acceleration, the vertical strut at Management Facility between 9 a.m. MCAI and service information Frame (FR) 65 penetrated through the cabin referenced above. We are proposing this and 5 p.m., Monday through Friday, floor. except Federal holidays. The AD docket This condition, if not corrected, could lead AD because we evaluated all pertinent contains this proposed AD, the to injury of occupants and/or delays during information and determined an unsafe regulatory evaluation, any comments emergency evacuation. condition exists and is likely to exist or received, and other information. The To address this potential unsafe condition, develop on other products of these same street address for the Docket Operations Airbus developed mod 153724, a structural type designs. change which prevents the central vertical office (telephone 800–647–5527) is in Costs of Compliance the ADDRESSES section. Comments will strut at FR65 to pass through the cabin floor, and issued Service Bulletin (SB) A320–53– We estimate that this proposed AD be available in the AD docket shortly 1262 to provide instructions for installation after receipt. of this modification on aeroplanes in service. affects 1,123 airplanes of U.S. registry. FOR FURTHER INFORMATION CONTACT: After SB A320–53–1262 was issued, incorrect We estimate the following costs to Sanjay Ralhan, Aerospace Engineer, MSN [manufacturer serial number] comply with this proposed AD:

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ESTIMATED COSTS

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

Modification ...... 18 work-hours × $85 per hour = $1,530 ...... $16,600 $18,130 $20,359,990

Authority for This Rulemaking PART 39—AIRWORTHINESS –231, –232, and –233 airplanes; and Model DIRECTIVES A321–111, –112, –131, –211, –212, –213, Title 49 of the United States Code –231, and –232 airplanes, as identified in specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 Airbus Service Bulletin A320–53–1262, rules on aviation safety. Subtitle I, continues to read as follows: Revision 01, dated July 29, 2016: Airbus section 106, describes the authority of Service Bulletin A320–53–1262, excluding the FAA Administrator. ‘‘Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. Appendix 01 and including Appendix 02, Revision 01, dated July 29, 2016. Aviation Programs,’’ describes in more § 39.13 [Amended] detail the scope of the Agency’s (2) For Model A320–211, –212, –214, –232, ■ 2. The FAA amends § 39.13 by adding and –233 airplanes, as identified in Airbus authority. Service Bulletin A320–53–1333, dated July We are issuing this rulemaking under the following new airworthiness directive (AD): 29, 2016: Airbus Service Bulletin A320–53– the authority described in ‘‘Subtitle VII, 1333, excluding Appendix 01 and including Part A, Subpart III, Section 44701: Airbus: Docket No. FAA–2017–0622; Appendix 02, dated July 29, 2016. General requirements.’’ Under that Directorate Identifier 2016–NM–192–AD. (3) For Model A321–211, –213, and –231 section, Congress charges the FAA with (a) Comments Due Date airplanes as identified in Airbus Service Bulletin A320–53–1334, dated July 29, 2016: promoting safe flight of civil aircraft in We must receive comments by August 7, Airbus Service Bulletin A320–53–1334, air commerce by prescribing regulations 2017. for practices, methods, and procedures excluding Appendix 01 and including Appendixes 02 and 03, dated July 29, 2016. the Administrator finds necessary for (b) Affected ADs safety in air commerce. This regulation None. (h) Other FAA AD Provisions is within the scope of that authority (c) Applicability The following provisions also apply to this because it addresses an unsafe condition This AD applies to the airplanes identified AD: that is likely to exist or develop on in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) (1) Alternative Methods of Compliance products identified in this rulemaking of this AD, certificated in any category, all (AMOCs): The Manager, International action. manufacturer serial numbers, except those on Branch, ANM–116, Transport Airplane which Airbus Modification 153724 was Directorate, FAA, has the authority to Regulatory Findings embodied in production. approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. We determined that this proposed AD (1) Airbus Model A318–111, –112, –121, and –122 airplanes. In accordance with 14 CFR 39.19, send your would not have federalism implications request to your principal inspector or local under Executive Order 13132. This (2) Airbus Model A319–111, –112, –113, –114, –115, –131, –132, and –133 airplanes. Flight Standards District Office, as proposed AD would not have a (3) Airbus Model A320–211, –212, –214, appropriate. If sending information directly substantial direct effect on the States, on –231, –232, and –233 airplanes. to the manager of the International Branch, the relationship between the national (4) Airbus Model A321–111, –112, –131, send it to the attention of the person Government and the States, or on the –211, –212, –213, –231, and –232 airplanes. identified in paragraph (i)(2) of this AD. distribution of power and Information may be emailed to: 9-ANM-116- (d) Subject [email protected]. Before using responsibilities among the various any approved AMOC, notify your appropriate levels of government. Air Transport Association (ATA) of America Code 53, Fuselage. principal inspector, or lacking a principal For the reasons discussed above, I inspector, the manager of the local flight certify this proposed regulation: (e) Reason standards district office/certificate holding 1. Is not a ‘‘significant regulatory This proposed AD was prompted by district office. action’’ under Executive Order 12866; reports of a vertical strut penetrating through (2) Contacting the Manufacturer: For any 2. Is not a ‘‘significant rule’’ under the the cabin floor during an emergency water requirement in this AD to obtain corrective DOT Regulatory Policies and Procedures landing and on airframe ground contact at actions from a manufacturer, the action must (44 FR 11034, February 26, 1979); certain speeds/accelerations. We are issuing be accomplished using a method approved 3. Will not affect intrastate aviation in this AD to prevent the central vertical strut by the Manager, International Branch, ANM– Alaska; and at frame (FR) 65 from penetrating through the 116, Transport Airplane Directorate, FAA; or cabin floor in certain conditions, which the European Aviation Safety Agency 4. Will not have a significant (EASA); or Airbus’s EASA Design economic impact, positive or negative, could lead to injury of occupants and delays during an emergency evacuation. Organization Approval (DOA). If approved by on a substantial number of small entities the DOA, the approval must include the under the criteria of the Regulatory (f) Compliance DOA-authorized signature. Flexibility Act. Comply with this AD within the (3) Required for Compliance (RC): If any compliance times specified, unless already service information contains procedures or List of Subjects in 14 CFR Part 39 done. tests that are identified as RC, those procedures and tests must be done to comply Air transportation, Aircraft, Aviation (g) Modification safety, Incorporation by reference, with this AD; any procedures or tests that are Safety. Within 72 months after the effective date not identified as RC are recommended. Those of this AD, modify the fuselage structure at procedures and tests that are not identified The Proposed Amendment FR 65, in accordance with the as RC may be deviated from using accepted Accomplishment Instructions of the methods in accordance with the operator’s Accordingly, under the authority applicable service bulletin specified in maintenance or inspection program without delegated to me by the Administrator, paragraph (g)(1), (g)(2), or (g)(3) of this AD. obtaining approval of an AMOC, provided the FAA proposes to amend 14 CFR part (1) For Model A318 and A319 series the procedures and tests identified as RC can 39 as follows: airplanes; Model A320–211, –212, –214, be done and the airplane can be put back in

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an airworthy condition. Any substitutions or also require replacing each escape slide FOR FURTHER INFORMATION CONTACT: changes to procedures or tests identified as pack assembly having a certain part Sanjay Ralhan, Aerospace Engineer, RC require approval of an AMOC. number with a new escape slide pack International Branch, ANM–116, (i) Related Information assembly. We are proposing this AD to Transport Airplane Directorate, FAA, (1) Refer to Mandatory Continuing address the unsafe condition on these 1601 Lind Avenue SW., Renton, WA Airworthiness Information (MCAI) EASA products. 98057–3356; telephone 425–227–1405; Airworthiness Directive 2016–0212, dated fax 425–227–1149. DATES: We must receive comments on October 25, 2016, for related information. SUPPLEMENTARY INFORMATION: This MCAI may be found in the AD docket this proposed AD by August 7, 2017. on the Internet at http://www.regulations.gov ADDRESSES: You may send comments, Comments Invited by searching for and locating Docket No. using the procedures found in 14 CFR We invite you to send any written FAA–2017–0622. 11.43 and 11.45, by any of the following (2) For more information about this AD, relevant data, views, or arguments about methods: this proposed AD. Send your comments contact Sanjay Ralhan, Aerospace Engineer, • International Branch, ANM–116, Transport Federal eRulemaking Portal: Go to to an address listed under the Airplane Directorate, FAA, 1601 Lind http://www.regulations.gov. Follow the ADDRESSES section. Include ‘‘Docket No. Avenue SW., Renton, WA 98057–3356; instructions for submitting comments. FAA–2017–0556; Directorate Identifier telephone 425–227–1405; fax 425–227–1149. • Fax: 202–493–2251. 2016–NM–098–AD’’ at the beginning of Information may be emailed to: 9-ANM-116- • Mail: U.S. Department of your comments. We specifically invite [email protected]. Transportation, Docket Operations, M– comments on the overall regulatory, (3) For service information identified in this AD, contact Airbus, Airworthiness 30, West Building Ground Floor, Room economic, environmental, and energy Office—EIAS, 1 Rond Point Maurice W12–140, 1200 New Jersey Avenue SE., aspects of this proposed AD. We will Bellonte, 31707 Blagnac Cedex, France; Washington, DC 20590. consider all comments received by the telephone +33 5 61 93 36 96; fax +33 5 61 Hand Delivery: U.S. Department of closing date and may amend this 93 44 51; email account.airworth-eas@ Transportation, Docket Operations, M– proposed AD based on those comments. airbus.com; Internet http://www.airbus.com. 30, West Building Ground Floor, Room We will post all comments we receive, without change, to http:// Issued in Renton, Washington, on June 2, W12–140, 1200 New Jersey Avenue SE., 2017. Washington, DC, between 9 a.m. and 5 www.regulations.gov, including any personal information you provide. We Michael Kaszycki, p.m., Monday through Friday, except Federal holidays. will also post a report summarizing each Acting Manager, Transport Airplane substantive verbal contact we receive Directorate, Aircraft Certification Service. For Airbus service information about this proposed AD. [FR Doc. 2017–13129 Filed 6–22–17; 8:45 am] identified in this NPRM, contact Airbus, Airworthiness Office—EIAS, 1 Rond BILLING CODE 4910–13–P Discussion Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 On November 13, 2012, we issued AD 2012–23–10, Amendment 39–17266 (77 DEPARTMENT OF TRANSPORTATION 96; fax +33 5 61 93 44 51; email [email protected]; FR 70369, November 26, 2012) (‘‘AD Federal Aviation Administration Internet http://www.airbus.com. For 2012–23–10’’). AD 2012–23–10 requires Zodiac Aerospace service information actions intended to correct an unsafe 14 CFR Part 39 identified in this NPRM, contact Air condition for all Airbus Model A318, Cruisers, Cage Code 70167, 1747 State A319, A320, and A321 series airplanes. [Docket No. FAA–2017–0556; Directorate Since we issued AD 2012–23–10, we Identifier 2016–NM–098–AD] Route 34, Wall Township, NJ 07727– 3935; telephone: (732) 681–3527; have determined that it may no longer RIN 2120–AA64 Internet: http://www. address the unsafe condition, and that it zodiacaerospace.com. You may view is necessary to replace each escape slide Airworthiness Directives; Airbus this referenced service information at pack assembly having a certain part Airplanes the FAA, Transport Airplane number with a new escape slide pack assembly having a certain part number, AGENCY: Federal Aviation Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the or modify the escape slide pack. Administration (FAA), DOT. The European Aviation Safety Agency ACTION: Notice of proposed rulemaking availability of this material at the FAA, call 425–227–1221. (EASA), which is the Technical Agent (NPRM). for the Member States of the European Examining the AD Docket SUMMARY: We propose to supersede Union, has issued EASA AD 2016–0043, Airworthiness Directive (AD) 2012–23– You may examine the AD docket on dated March 4, 2016 (referred to after 10, which applies to all Airbus Model the Internet at http:// this as the Mandatory Continuing A318 series airplanes; Model A319 www.regulations.gov by searching for Airworthiness Information, or ‘‘the series airplanes; Model A320–211, –212, and locating Docket No. FAA–2017– MCAI’’), to correct an unsafe condition –214, –231, –232, and –233 airplanes; 0556; or in person at the Docket for all Airbus Model A318, A319, A320, and Model A321–111, –112, –131, –211, Management Facility between 9 a.m. and A321 series airplanes. The MCAI –212, –213, –231, and –232 airplanes. and 5 p.m., Monday through Friday, states: AD 2012–23–10 requires modifying the except Federal holidays. The AD docket Two occurrences were reported on Airbus affected slide rafts. Since we issued AD contains this proposed AD, the A320 family aeroplanes where the escape 2012–23–10, we received a report that regulatory evaluation, any comments slide raft inflation system did not deploy Air Cruisers developed a modification received, and other information. The when activated. This was due to the rotation of the cable guide in a direction, which of the slide and slide/raft, which is part street address for the Docket Operations resulted in jamming of the inflation control of the escape slide pack assembly, to office (telephone 800–647–5527) is in cable. Additionally, one case was reported improve its deployment. This proposed the ADDRESSES section. Comments will where the system did not deploy properly AD would retain the requirements of AD be available in the AD docket shortly due to a cracked inflation hose fitting. 2012–23–10. This proposed AD would after receipt. Investigation conducted by Air Cruisers

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Company [Zodiac Aero Evacuation Systems], Zodiac Aero Evacuation Systems air commerce by prescribing regulations the slide raft manufacturer, showed that the Service Bulletin S.B. A320 004–25–97, for practices, methods, and procedures hose fitting could be subject to a bending Revision 1, dated September 18, 2015. the Administrator finds necessary for moment, if improperly packed. The service information describes safety in air commerce. This regulation Consequently, the hose fitting could separate is within the scope of that authority from the reservoir and the inflation of the modification of the escape slide pack. slide raft would be impaired. These documents are distinct since they because it addresses an unsafe condition This condition, if not corrected, could apply to different airplane models in that is likely to exist or develop on delay the evacuation from the aeroplane in different configurations. products identified in this rulemaking case of emergency, possibly resulting in This service information is reasonably action. injury to the occupants. available because the interested parties Regulatory Findings To address this potential unsafe condition, have access to it through their normal DGAC France issued AD F–2004–072 [which course of business or by the means We determined that this proposed AD correlates with FAA AD 2004–26–07, identified in the ADDRESSES section. would not have federalism implications Amendment 39–13919 (70 FR 1176, January under Executive Order 13132. This 6, 2005)], to introduce an inflation hose FAA’s Determination and Requirements proposed AD would not have a retainer preventing an incomplete inflation of of This Proposed AD substantial direct effect on the States, on emergency escape slides, which could delay the relationship between the national passenger evacuation, and EASA issued AD This product has been approved by 2011–0160 (later revised twice) to require the aviation authority of another Government and the States, or on the modification of the affected slide rafts or country, and is approved for operation distribution of power and replacement thereof with modified units. in the United States. Pursuant to our responsibilities among the various Since EASA AD 2011–0160R2 [which bilateral agreement with the State of levels of government. correlates with FAA AD 2012–23–10 and Design Authority, we have been notified For the reasons discussed above, I issued as a stand-alone, non-superseding AD] of the unsafe condition described in the certify this proposed regulation: was issued, Air Cruisers [Zodiac Aero MCAI and service information 1. Is not a ‘‘significant regulatory Evacuation Systems] developed a referenced above. We are proposing this action’’ under Executive Order 12866; modification of the slide and slide/raft, part AD because we evaluated all pertinent 2. Is not a ‘‘significant rule’’ under the of the escape slide pack assemblies, to DOT Regulatory Policies and Procedures improve its deployment. Modified slides and information and determined an unsafe condition exists and is likely to exist or (44 FR 11034, February 26, 1979); slide/rafts are identified by a different Part 3. Will not affect intrastate aviation in develop on other products of these same Number (P/N); consequently, also the escape Alaska; and slide pack assemblies are identified by a type designs. different P/N. 4. Will not have a significant For the reasons described above, this Costs of Compliance economic impact, positive or negative, [EASA] AD retains the requirements of DGAC We estimate that this proposed AD on a substantial number of small entities France AD F–2004–072 (EASA approval affects 959 airplanes of U.S. registry. under the criteria of the Regulatory 2004–5335) and EASA AD 2011–0160R2, The actions required by AD 2012–23– Flexibility Act. which are superseded, and requires 10, and retained in this proposed AD installation of modified escape slide pack List of Subjects in 14 CFR Part 39 take about 19 work-hours per product, assemblies. Air transportation, Aircraft, Aviation at an average labor rate of $85 per work- Appendix 1 of this [EASA] AD provides a safety, Incorporation by reference, hour. Required parts cost about $341 per comprehensive list of escape slide pack Safety. assemblies P/N that, at the issue date of the product. Based on these figures, the [EASA] AD, are not approved for further estimated cost of the actions that are The Proposed Amendment installation on any aeroplane. required by AD 2012–23–10 is $1,956 Accordingly, under the authority You may examine the MCAI in the per product. delegated to me by the Administrator, AD docket on the Internet at http:// We also estimate that it would take the FAA proposes to amend 14 CFR part www.regulations.gov by searching for about 6 work-hours per product to 39 as follows: and locating Docket No. FAA–2017– comply with the basic requirements of 0556. this proposed AD. The average labor PART 39—AIRWORTHINESS rate is $85 per work-hour. Required DIRECTIVES Related Service Information Under 1 parts would cost about $0 per product. CFR Part 51 Based on these figures, we estimate the ■ 1. The authority citation for part 39 Airbus has issued the following cost of this proposed AD on U.S. continues to read as follows: service information, which describes operators to be $489,090, or $510 per Authority: 49 U.S.C. 106(g), 40113, 44701. procedures for replacing certain escape product. § 39.13 [Amended] slide pack assemblies. These documents Authority for This Rulemaking are distinct since they apply to different ■ 2. The FAA amends § 39.13 by airplane models in different Title 49 of the United States Code removing Airworthiness Directive (AD) configurations. specifies the FAA’s authority to issue 2012–23–10, Amendment 39–17266 (77 • Service Bulletin A320–25–1B81, rules on aviation safety. Subtitle I, FR 70369, November 26, 2012), and Revision 01, dated December 10, 2015. section 106, describes the authority of adding the following new AD: • Service Bulletin A320–25–1B82, the FAA Administrator. ‘‘Subtitle VII: Airbus: Docket No. FAA–2017–0556; Revision 01, dated December 10, 2015. Aviation Programs,’’ describes in more Directorate Identifier 2016–NM–098–AD. • Service Bulletin A320–25–1B83, detail the scope of the Agency’s (a) Comments Due Date Revision 01, dated December 10, 2015. authority. • Service Bulletin A320–25–1B84, We are issuing this rulemaking under We must receive comments by August 7, Revision 01, dated December 10, 2015. the authority described in ‘‘Subtitle VII, 2017. Zodiac Aerospace has issued Zodiac Part A, Subpart III, Section 44701: (b) Affected ADs Aero Evacuation Systems Service General requirements.’’ Under that This AD replaces AD 2012–23–10, Bulletin S.B. A320 004–25–96, Revision section, Congress charges the FAA with Amendment 39–17266 (77 FR 70369, 1, dated September 18, 2015; and promoting safe flight of civil aircraft in November 26, 2012) (‘‘AD 2012–23–10’’).

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(c) Applicability (h) Retained: Replacement in Accordance 2010 (for Model A318 series airplanes); or This AD applies to all Airbus Model A318– With Air Cruisers Service Bulletin, With No Air Cruisers Service Bulletin S.B.A320 004– 25–85, Revision 2, dated January 3, 2012 (for 111, –112, –121, and –122 airplanes; Model Changes Model A318, A319, A320, and A321 series A319–111, –112, –113, –114, –115, –131, This paragraph restates the requirements of paragraph (h) of AD 2012–23–10, with no airplanes), including the installation of the –132, and –133 airplanes; Model A320–211, cable guide assembly in accordance with the –212, –214, –231, –232, and –233 airplanes; changes. Replacement of all affected escape slide rafts on any affected airplane with slide Accomplishment Instructions of Air Cruisers and Model A321–111, –112, –131, –211, Service Bulletin S.B.A320 004–25–56, dated rafts that have been modified in accordance –212, –213, –231, and –232 airplanes; November 12, 1999. with the Accomplishment Instructions of Air certificated in any category; all manufacturer Cruisers Service Bulletin S.B.A320 004–25– (k) Retained: Credit for Previous Actions, serial numbers. 85, Revision 2, dated January 3, 2012, is With No Changes (d) Subject acceptable for compliance with the This paragraph restates the requirements of requirements of paragraph (g) of this AD, paragraph (k) of AD 2012–23–10, with no Air Transport Association (ATA) of provided that prior to or concurrently with America Code 25, Equipment/Furnishings. changes. This paragraph provides credit for accomplishing the modification, the the actions required by paragraphs (h) and (j) (e) Reason installation of the cable guide assembly is of this AD, if those actions were performed done in accordance with the before December 31, 2012 (the effective date This AD was prompted by reports of the Accomplishment Instructions of Air Cruisers escape raft inflation system not deploying of AD 2012–23–10), using Air Cruisers Service Bulletin S.B.A320 004–25–56, dated Service Bulletin S.B.A320 004–25–85, dated when activated due to the rotation of the November 12, 1999. November 30, 2010; or Air Cruisers Service cable guide in a direction which resulted in Bulletin S.B.A320 004–25–85, Revision 1, jamming of the inflation control cable. We (i) Retained: Airplanes Not Affected by Paragraph (g) of This AD, With No Changes dated September 30, 2011; which are not are issuing this AD to prevent non- incorporated by reference in this AD. deployment of the escape slide raft, which This paragraph restates the requirements of could result in delayed evacuation from the paragraph (i) of AD 2012–23–10, with no (l) New: Replacement airplane during an emergency and changes. Before the effective date of this AD: Within 36 months after the effective date consequent injury to the passengers. Airplanes on which Airbus Modification of this AD, replace each escape slide pack 151459 or Modification 151502 has been assembly having a part number identified as (f) Compliance embodied in production, and on which no ‘‘old’’ in table 1 to paragraphs (l), (m)(2), Comply with this AD within the escape slide raft replacements have been (n)(2), and (o)(1) of this AD, with a new made since first flight, are not affected by the compliance times specified, unless already escape slide pack assembly having the requirement specified in paragraph (g) of this done. corresponding part number identified as AD. ‘‘new’’ in table 1 to paragraphs (l), (m)(2), (g) Retained: Modification, With No Changes (j) Retained: Parts Installation Limitations, (n)(2), and (o)(1) of this AD, using a method This paragraph restates the requirements of With No Changes approved by the Manager, International paragraph (g) of AD 2012–23–10, with no Branch, ANM–116, Transport Airplane This paragraph restates the requirements of Directorate, FAA; or the European Aviation changes. Except as provided by paragraph (i) paragraph (j) of AD 2012–23–10, with no of this AD, within 36 months after December Safety Agency (EASA); or Airbus’s EASA changes. Design Organization Approval (DOA). 31, 2012 (the effective date of AD 2012–23– (1) For airplanes other than those 10): Modify the escape slide rafts that have identified in paragraph (i) of this AD: After ABLE TO ARAGRAPHS a part number (P/N) specified in figure 1 to accomplishment of the modification required T 1 P (l), (m)(2), paragraphs (g), (j)(1), and (j)(2) of this AD, in by paragraph (g) of this AD or after (n)(2), AND (o)(1) OF THIS AD—AIR accordance with the Accomplishment accomplishment of the alternative CRUISERS AND AERAZUR ESCAPE Instructions of Airbus Service Bulletin A320– modification specified in paragraph (h) of SLIDE PACK ASSEMBLIES AFFECTED 25–1723, dated December 17, 2010 (for this AD, no person may install, on any BY PARAGRAPH (1) OF THIS AD Model A319, A320, and A321 series airplane, an escape slide raft specified in figure 1 to paragraphs (g), (j)(1), and (j)(2) of airplanes); or Airbus Service Bulletin A320– Escape slide pack Escape slide pack 25–1724, dated December 17, 2010 (for this AD, unless it has been modified in assembly part assembly part Model A318 series airplanes). accordance with the Accomplishment No.—old No.—new Instructions of Airbus Service Bulletin A320– 25–1723, dated December 17, 2010 (for FIGURE 1 TO PARAGRAPHS (g), (j)(1), D30664–405 ...... D30664–605 Model A319, A320, and A321 series D30664–407 ...... D30664–607 AND (j)(2) OF THIS AD—ESCAPE airplanes); Airbus Service Bulletin A320–25– D30664–409 ...... D30664–609 SLIDE RAFT 1724, dated December 17, 2010 (for Model D30664–505 ...... D30664–705 A318 series airplanes); or Air Cruisers D30664–507 ...... D30664–707 Air Cruisers and Aerazur Escape Slide Rafts Service Bulletin S.B.A320 004–25–85, D30664–509 ...... D30664–709 part number if fitted with a reservoir and valve Revision 2, dated January 3, 2012 (for Model D30664–511 ...... D30664–711 assembly P/N D18309–105 or A318, A319, A320, and A321 series D30665–405 ...... D30665–605 P/N D18309–205 airplanes), including the installation of the D30665–407 ...... D30665–607 cable guide assembly in accordance with the D30665–409 ...... D30665–609 D30664–105 Accomplishment Instructions of Air Cruisers D30665–505 ...... D30665–705 D30664–107 Service Bulletin S.B.A320 004–25–56, dated D30665–507 ...... D30665–707 D30664–109 November 12, 1999. D30665–509 ...... D30665–709 D30664–305 (2) For airplanes identified in paragraph (i) D30665–511 ...... D30665–711 D30664–307 of this AD: As of December 31, 2012 (the D31516–119 ...... D31516–619 D30664–309 effective date of AD 2012–23–10), no person D31516–121 ...... D31516–621 D30664–311 may install, on any airplane, an escape slide D31516–123 ...... D31516–623 D30665–105 raft specified in figure 1 to paragraphs (g), D31516–125 ...... D31516–625 D30665–107 (j)(1), and (j)(2) of this AD, unless it has been D31516–315 ...... D31516–615 D30665–109 modified in accordance with the D31516–317 ...... D31516–617 D30665–305 Accomplishment Instructions of Airbus D31516–415 ...... D31516–715 D30665–307 Service Bulletin A320–25–1723, dated D31516–417 ...... D31516–717 D30665–309 December 17, 2010 (for Model A319, A320, D31516–519 ...... D31516–719 D30665–311 and A321 series airplanes); Airbus Service D31516–521 ...... D31516–721 Bulletin A320–25–1724, dated December 17, D31516–523 ...... D31516–723

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TABLE 1 TO PARAGRAPHS (l), (m)(2), A320 04–25–97, Revision 1, dated September FIGURE 4 TO PARAGRAPHS (n) AND (n)(2), AND (o)(1) OF THIS AD—AIR 18, 2015; as applicable. (o)(2) OF THIS AD—AIR CRUISERS CRUISERS AND AERAZUR ESCAPE (n) New: Airplanes Not Affected AND AERAZUR ESCAPE SLIDE PACK SLIDE PACK ASSEMBLIES AFFECTED (1) An airplane on which Airbus ASSEMBLIES NOT APPROVED FOR BY PARAGRAPH (1) OF THIS AD— Modification 151459 or Modification 151502 FURTHER INSTALLATION ON ANY AIR- Continued has been embodied in production is not PLANE affected by the requirements of paragraph (g) Escape slide pack Escape slide pack of this AD, provided it is determined that no Part No. assembly part assembly part escape slide pack assembly having a part No.—old No.—new number specified in figure 2 to paragraphs D30664–101 D30665–101 D30664–103 D30665–103 D31516–525 ...... D31516–725 (n) and (o)(2) of this AD, figure 3 to D31516–101 D31517–101 D31517–119 ...... D31517–619 paragraphs (n) and (o)(2) of this AD, and D31516–103 D31517–103 D31517–121 ...... D31517–621 figure 4 to paragraphs (n) and (o)(2) of this D31516–105 D31517–105 D31517–123 ...... D31517–623 AD, is installed on that airplane as of the D31516–107 D31517–107 D31517–125 ...... D31517–625 effective date of this AD. D31516–109 D31517–109 D31517–315 ...... D31517–615 (2) An airplane on which Airbus D31517–317 ...... D31517–617 Modification 156766, Modification 156767, D31517–415 ...... D31517–715 Modification 156768, Modification 156769, (o) New: Parts Installation Prohibition D31517–417 ...... D31517–717 or Modification 156770, has been embodied (1) As of the effective date of this AD, do D31517–519 ...... D31517–719 in production is not affected by the not install on any airplane any escape slide D31517–521 ...... D31517–721 requirements of paragraphs (g) and (l) of this pack assembly having a part number D31517–523 ...... D31517–723 identified as ‘‘old’’ in table 1 to paragraphs D31517–525 ...... D31517–725 AD, provided that it is determined that no escape slide raft, having a part number (l), (m)(2), (n)(2), and (o)(1) of this AD. identified in figure 2 to paragraphs (n) and (2) As of the effective date of this AD, do (m) New: Modification not install on any airplane an escape slide (o)(2) of this AD, figure 3 to paragraphs (n) pack assembly having a part number (1) Modification of an airplane in and (o)(2) of this AD, and figure 4 to accordance with the Accomplishment identified in figure 2 to paragraphs (n) and paragraphs (n) and (o)(2) of this AD, or Instructions of the applicable service (o)(2) of this AD, figure 3 to paragraphs (n) information specified in paragraphs (m)(1)(i) having a part number identified as ‘‘old’’ in and (o)(2) of this AD, and figure 4 to through (m)(1)(iv) of this AD, as applicable table 1 to paragraphs (l), (m)(2), (n)(2), and paragraphs (n) and (o)(2) of this AD. to the airplane model and escape slide pack (o)(1) of this AD, is installed on that airplane (3) Installation of an escape slide pack assembly part number, is an acceptable as of the effective date of this AD. assembly having a part number approved method of compliance with the requirements after March 18, 2016 (the effective date of of paragraph (l) of this AD for that airplane. FIGURE 2 TO PARAGRAPHS (n) AND EASA AD 2016–0043), constitutes (i) Airbus Service Bulletin A320–25–1B81, (o)(2) OF THIS AD—AIR CRUISERS compliance with the requirements of Revision 01, dated December 10, 2015 (for AND AERAZUR ESCAPE SLIDE PACK paragraph (l) of this AD, provided the airplanes equipped with slide/rafts having conditions as specified in paragraphs (o)(3)(i) SSEMBLIES FFECTED BY ARA P/Ns D30664–405, D30664–407, D30664– A A P - and (o)(3)(ii) of this AD are met. 409, D30664–505, D30664–507, D30664–509, GRAPH (1) OF THIS AD (i) The part number must be approved by D30664–511 D30665–405, D30665–407, the Manager, International Branch, ANM– D30665–409, D30665–505, D30665–507, Part No. 116, Transport Airplane Directorate, FAA; or D30665–509, and D30665–511). the EASA; or Airbus’s EASA DOA; and (ii) Airbus Service Bulletin A320–25–1B82, D31516–111 D31517–111 (ii) The installation must be accomplished Revision 01, dated December 10, 2015 (for D31516–113 D31517–113 in accordance with airplane modification airplanes equipped with slide/rafts having D31516–115 D31517–115 instructions approved by the Manager, P/Ns D31516–121, D31516–125, D31516– D31516–117 D31517–117 International Branch, ANM–116, Transport 317, D31516–417 or D31516–525, D31517– Airplane Directorate, FAA; or the EASA; or 121, D31517–125, D31517–317, D31517–417, D31516–311 D31517–311 Airbus’s EASA DOA. and D31517–525). D31516–313 D31517–313 (p) Credit for Previous Actions (iii) Airbus Service Bulletin A320–25– (1) This paragraph provides credit for 1B83, Revision 01, dated December 10, 2015 actions required by paragraph (m)(1) of this (for airplanes equipped with slides with re- FIGURE 3 TO PARAGRAPHS (n) AND AD, if those actions were performed before entry line P/Ns D31516–119, D31516–123, (o)(2) OF THIS AD—AIR CRUISERS the effective date of this AD using the D31516–519, D31516–523, D31516–315, AND ERAZUR SCAPE LIDE ACK A E S P applicable service information in paragraphs D31516–415, D31517–119, D31517–123, ASSEMBLIES AFFECTED BY PARA- D31517–519, D31517–523, D31517–315 and (p)(1)(i) through (p)(1)(iv) of this AD. D31517–415). GRAPHS (g) AND (h) OF THIS AD (IF (i) Airbus Service Bulletin A320–25–1B81, (iv) Airbus Service Bulletin A320–25– FITTED WITH A RESERVOIR AND dated August 13, 2015. 1B84, Revision 01, dated December 10, 2015 VALVE ASSEMBLY P/N D18309–105 (ii) Airbus Service Bulletin A320–25–1B82, dated August 13, 2015. (for airplanes equipped with slides with Dual OR P/N D18309–205) Fastener P/N D31516–521 and D31517–521). (iii) Airbus Service Bulletin A320–25– (2) An escape slide pack assembly not 1B83, dated July 31, 2015. installed on an airplane and having a part Part No. (iv) Airbus Service Bulletin A320–25– number identified as ‘‘old’’ in table 1 to 1B84, dated July 31, 2015. paragraphs (l), (m)(2), (n)(2), and (o)(1) of this D30664–105 D30665–105 (2) This paragraph provides credit for AD can be modified to the corresponding D30664–107 D30665–107 actions required by paragraph (m)(2) of this part number identified as ‘‘new’’ in table 1 D30664–109 D30665–109 AD, if those actions were performed before to paragraphs (l), (m)(2), (n)(2), and (o)(1) of D30664–305 D30665–305 the effective date of this AD using Zodiac this AD, in accordance with Zodiac Aero D30664–307 D30665–307 Aero Evacuation Systems Service Bulletin Evacuation Systems Service Bulletin S.B. D30664–309 D30665–309 S.B. A320 004–25–96, dated July 9, 2015; and A320 004–25–96, Revision 1, dated D30664–311 D30665–311 Zodiac Aero Evacuation Systems Service September 18, 2015; and Zodiac Aero Bulletin S.B. A320 004–25–97, dated July 9, Evacuations Systems Service Bulletin S.B. 2015; as applicable.

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(q) Other FAA AD Provisions www.zodiacaerospace.com. You may view FAA Order 7400.11A, Airspace The following provisions also apply to this this service information at the FAA, Designations and Reporting Points, and AD: Transport Airplane Directorate, 1601 Lind subsequent amendments can be viewed (1) Alternative Methods of Compliance Avenue SW., Renton, WA. For information online at http://www.faa.gov/air_traffic/ (AMOCs): The Manager, International on the availability of this material at the FAA, call 425–227–1221. publications/. For further information, Branch, ANM–116, Transport Airplane you can contact the Airspace Policy Directorate, FAA, has the authority to Issued in Renton, Washington, on June 6, Group, Federal Aviation approve AMOCs for this AD, if requested 2017. Administration, 800 Independence using the procedures found in 14 CFR 39.19. Michael Kaszycki, In accordance with 14 CFR 39.19, send your Avenue SW., Washington, DC 20591; request to your principal inspector or local Acting Manager, Transport Airplane telephone: (202) 267–8783. The Order is Flight Standards District Office, as Directorate, Aircraft Certification Service. also available for inspection at the appropriate. If sending information directly [FR Doc. 2017–12251 Filed 6–22–17; 8:45 am] National Archives and Records to the International Branch, send it to the BILLING CODE 4910–13–P Administration (NARA). For attention of the person identified in information on the availability of FAA paragraph (r)(2) of this AD. Information may Order 7400.11A at NARA, call (202) be emailed to: 9-ANM-116-AMOC- DEPARTMENT OF TRANSPORTATION [email protected]. Before using any 741–6030, or go to http:// www.archives.gov/federal_register/ approved AMOC, notify your appropriate Federal Aviation Administration principal inspector, or lacking a principal code_of_federal-regulations/ibr_ inspector, the manager of the local flight locations.html. 14 CFR Part 71 standards district office/certificate holding FAA Order 7400.11, Airspace district office. Designations and Reporting Points, is (2) Contacting the Manufacturer: As of the [Docket No. FAA–2017–0390; Airspace published yearly and effective on Docket No. 17–ANM–11] effective date of this AD, for any requirement September 15. in this AD to obtain corrective actions from a manufacturer, the action must be Proposed Amendment of Class D and FOR FURTHER INFORMATION CONTACT: Tom accomplished using a method approved by Class E Airspace; Redmond, OR Clark, Federal Aviation Administration, the Manager, International Branch, ANM– Operations Support Group, Western 116, Transport Airplane Directorate, FAA; or AGENCY: Federal Aviation Service Center, 1601 Lind Avenue SW., the EASA; or Airbus’s EASA DOA. If Administration (FAA), DOT. Renton, WA 98057; telephone (425) approved by the DOA, the approval must ACTION: Notice of Proposed Rulemaking 203–4511. include the DOA-authorized signature. (NPRM). (3) Required for Compliance (RC): If any SUPPLEMENTARY INFORMATION: service information contains procedures or SUMMARY: This action proposes to Authority for This Rulemaking tests that are identified as RC, those modify Class E airspace designated as procedures and tests must be done to comply The FAA’s authority to issue rules an extension to a Class D or Class E with this AD; any procedures or tests that are regarding aviation safety is found in surface area at Roberts Field, Redmond, not identified as RC are recommended. Those Title 49 of the United States Code. OR, by removing the Notice to Airmen procedures and tests that are not identified Subtitle I, Section 106 describes the as RC may be deviated from using accepted (NOTAM) part-time status, and would authority of the FAA Administrator. methods in accordance with the operator’s modify Class E airspace extending Subtitle VII, Aviation Programs, maintenance or inspection program without upward from 700 feet above the surface describes in more detail the scope of the obtaining approval of an AMOC, provided at the airport. The geographic agency’s authority. This rulemaking is the procedures and tests identified as RC can coordinates for Roberts Field in the be done and the airplane can be put back in promulgated under the authority associated Class D and E airspace areas an airworthy condition. Any substitutions or described in Subtitle VII, Part A, also would be amended to match the changes to procedures or tests identified as Subpart I, Section 40103. Under that FAA’s aeronautical database. These RC require approval of an AMOC. section, the FAA is charged with changes are necessary to accommodate prescribing regulations to assign the use (r) Related Information airspace redesign for the safety and of airspace necessary to ensure the (1) Refer to Mandatory Continuing management of Instrument Flight Rules safety of aircraft and the efficient use of Airworthiness Information (MCAI) EASA AD (IFR) operations within the National airspace. This regulation is within the 2016–0043, dated March 4, 2016, for related Airspace System. Also, an editorial information. This MCAI may be found in the scope of that authority as it would change would be made to the Class D AD docket on the Internet at http:// amend Class D and Class E airspace at and Class E airspace legal descriptions www.regulations.gov by searching for and Roberts Field, Redmond, OR to replacing Airport/Facility Directory locating Docket No. FAA–2017–0556. accommodate airspace redesign for the with the term Chart Supplement. (2) For more information about this AD, safety and management of Instrument contact: Sanjay Ralhan, Aerospace Engineer, DATES: Comments must be received on Flight Rules (IFR) operations within the International Branch, ANM–116, Transport or before August 7, 2017. Airplane Directorate, FAA, 1601 Lind National Airspace System. ADDRESSES: Send comments on this Avenue SW., Renton, WA 98057–3356; Comments Invited telephone 425–227–1405; fax 425–227–1149. proposal to the U.S. Department of (3) For Airbus service information Transportation, Docket Operations, 1200 Interested parties are invited to identified in this AD, contact Airbus, New Jersey Avenue SE., West Building participate in this proposed rulemaking Airworthiness Office—EIAS, 1 Rond Point Ground Floor, Room W12–140, by submitting such written data, views, Maurice Bellonte, 31707 Blagnac Cedex, Washington, DC 20590; telephone: 1– or arguments, as they may desire. France; telephone +33 5 61 93 36 96; fax +33 800–647–5527, or (202) 366–9826. You Comments that provide the factual basis 5 61 93 44 51; email account.airworth-eas@ must identify FAA Docket No. FAA– supporting the views and suggestions airbus.com; Internet http://www.airbus.com. For Zodiac Aerospace service information 2017–0390; Airspace Docket No. 17– presented are particularly helpful in identified in this AD, contact Air Cruisers, ANM–11, at the beginning of your developing reasoned regulatory Cage Code 70167, 1747 State Route 34, Wall comments. You may also submit decisions on the proposal. Comments Township, NJ 07727–3935; telephone: (732) comments through the Internet at http:// are specifically invited on the overall 681–3527; Internet: http:// www.regulations.gov. regulatory, aeronautical, economic,

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environmental, and energy-related (14 CFR) part 71 by modifying Class E substantial number of small entities aspects of the proposal. airspace designated as an extension to a under the criteria of the Regulatory Communications should identify both Class D or Class E surface area at Flexibility Act. docket numbers and be submitted in Roberts Field, Redmond, OR, by triplicate to the address listed above. shortening the segment to within 8.5 Environmental Review Persons wishing the FAA to miles (from 13.5 miles) of the airport. This proposal will be subject to an acknowledge receipt of their comments Also, this action would eliminate the environmental analysis in accordance on this notice must submit with those following language from the legal with FAA Order 1050.1F, comments a self-addressed, stamped description of Class E airspace ‘‘Environmental Impacts: Policies and postcard on which the following designated as an extension to a Class D Procedures’’ prior to any FAA final statement is made: ‘‘Comments to or Class E surface area at the airport, regulatory action. Docket No. FAA–2017–0390/Airspace ‘‘This Class E airspace is effective Docket No. 17–ANM–11’’. The postcard during the specific dates and times List of Subjects in 14 CFR Part 71 will be date/time stamped and returned established in advance by a Notice to Airspace, Incorporation by reference, to the commenter. Airmen. The effective date and time will All communications received before thereafter be continuously published in Navigation (air). the specified closing date for comments the Airport/Facility Directory.’’ The Proposed Amendment will be considered before taking action Additionally, this action would on the proposed rule. The proposal modify Class E airspace extending Accordingly, pursuant to the contained in this notice may be changed upward from 700 feet above the surface authority delegated to me, the Federal in light of the comments received. A to reduce the area east (to within 9.6 Aviation Administration proposes to report summarizing each substantive miles, from 11.5 miles) and southeast (to amend 14 CFR part 71 as follows: public contact with FAA personnel within 13.1 miles, from 15 miles) of the concerned with this rulemaking will be airport, and expand the area southwest PART 71—DESIGNATION OF CLASS A, filed in the docket. (to within 10.5 miles, from 7.6 miles) of B, C, D, AND E AIRSPACE AREAS; AIR the airport. Also, this action would TRAFFIC SERVICE ROUTES; AND Availability of NPRMs update the geographic coordinates for REPORTING POINTS An electronic copy of this document Roberts Field and replace the outdated may be downloaded through the term Airport/Facility Directory with the ■ 1. The authority citation for 14 CFR Internet at http://www.regulations.gov. term Chart Supplement in the Class D part 71 continues to read as follows: Recently published rulemaking and Class E airspace legal descriptions. Authority: 49 U.S.C. 106(f), 106(g), 40103, documents can also be accessed through This proposed airspace redesign is 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, the FAA’s Web page at http:// necessary for the safety and 1959–1963 Comp., p. 389. www.faa.gov/air_traffic/publications/ management of IFR operations at the airspace_amendments/. airport. § 71.1 [Amended] You may review the public docket Class D and Class E airspace ■ 2. The incorporation by reference in designations are published in paragraph containing the proposal, any comments 14 CFR 71.1 of FAA Order 7400.11A, 5000, 6002, 6004, and 6005, received, and any final disposition in Airspace Designations and Reporting respectively, of FAA Order 7400.11A, person in the Dockets Office (see the Points, dated August 3, 2016, and dated August 3, 2016, and effective ADDRESSES section for the address and effective September 15, 2016, is September 15, 2016, which is phone number) between 9:00 a.m. and amended as follows: 5:00 p.m., Monday through Friday, incorporated by reference in 14 CFR except federal holidays. An informal 71.1. The Class D and E airspace Paragraph 5000 Class D Airspace. docket may also be examined during designations listed in this document * * * * * will be published subsequently in the normal business hours at the Northwest ANM OR D Redmond, OR [Amended] Mountain Regional Office of the Federal Order. Aviation Administration, Air Traffic Roberts Field, OR Regulatory Notices and Analyses (Lat. 44°15′15″ N., long. 121°09′00″ W.) Organization, Western Service Center, Operations Support Group, 1601 Lind The FAA has determined that this That airspace extending upward from the surface to and including 5,600 feet within a Avenue SW., Renton, WA 98057. regulation only involves an established body of technical regulations for which 5.1-mile radius of Roberts Field. This Class Availability and Summary of frequent and routine amendments are D airspace area is effective during the Documents Proposed for Incorporation necessary to keep them operationally specific dates and times established in by Reference current, is non-controversial and advance by a Notice to Airmen. The effective date and time will thereafter be continuously This document proposes to amend unlikely to result in adverse or negative published in the Chart Supplement. FAA Order 7400.11A, Airspace comments. It, therefore: (1) Is not a Designations and Reporting Points, ‘‘significant regulatory action’’ under Paragraph 6002 Class E Airspace Designated as Surface Areas. dated August 3, 2016, and effective Executive Order 12866; (2) is not a September 15, 2016. FAA Order ‘‘significant rule’’ under DOT * * * * * 7400.11A is publicly available as listed Regulatory Policies and Procedures (44 ANM OR E2 Redmond, OR [Amended] FR 11034; February 26, 1979); and (3) in the ADDRESSES section of this Roberts Field, OR does not warrant preparation of a document. FAA Order 7400.11A lists (Lat. 44°15′15″ N., long. 121°09′00″ W.) Class A, B, C, D, and E airspace areas, regulatory evaluation as the anticipated impact is so minimal. Since this is a That airspace within a 5.1 mile radius of air traffic service routes, and reporting Roberts Field. This Class E airspace is points. routine matter that will only affect air effective during the specific dates and times traffic procedures and air navigation, it The Proposal established in advance by a Notice to is certified that this rule, when Airmen. The effective date and time will The FAA is proposing an amendment promulgated, would not have a thereafter be continuously published in the to Title 14 Code of Federal Regulations significant economic impact on a Chart Supplement.

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Paragraph 6004 Class E Airspace quality assured, and certified ambient a. Ambient Air Quality Monitoring Data Designated as an Extension to a Class D or air monitoring data from the 2014–2016 Evaluation Class E Surface Area. monitoring period, associated b. Modeling Data and Supplemental 2016 * * * * * Emissions Information Evaluation dispersion modeling, and supplemental IV. What would be the effects of this action, ANM OR E4 Redmond, OR [Amended] emissions inventory information, which if promulgated? demonstrate that the Jefferson County Roberts Field, OR V. Statutory and Executive Order Reviews ° ′ ″ ° ′ ″ area attained the 2010 1-hour primary (Lat. 44 15 15 N., long. 121 09 00 W.) I. What action is the EPA proposing? That airspace extending upward from the SO2 NAAQS. surface within 1 mile each side of the 122° DATES: Comments must be received on The EPA is proposing to determine bearing of Roberts Field extending from the or before July 24, 2017. that the Jefferson County 2010 1-hour 5.1-mile radius to 8.5 miles southeast of the ADDRESSES: Submit your comments, primary SO2 nonattainment area (hereby airport. identified by Docket ID No. EPA–R07– referred to as ‘‘the nonattainment area’’), OAR–2017–0251, to https:// in Missouri, has attained the 2010 1- Paragraph 6005 Class E Airspace Areas 1 Extending Upward From 700 Feet or More www.regulations.gov. Follow the online hour primary SO2 NAAQS. This Above the Surface of the Earth. instructions for submitting comments. proposed determination of attainment is * * * * * Once submitted, comments cannot be based on a February 2016 request from edited or removed from Regulations.gov. the state (as later supplemented) that the ANM OR E5 Redmond, OR [Modified] The EPA may publish any comment EPA consider information—including Roberts Field, OR complete, quality assured, and certified ° ′ ″ ° ′ ″ received to its public docket. Do not (Lat. 44 15 15 N., long. 121 09 00 W.) submit electronically any information ambient air monitoring data from the That airspace extending upward from 700 you consider to be Confidential 2013–2015 monitoring period, with feet above the surface within a 7.6 mile Business Information (CBI) or other additional certified monitoring data radius of Roberts Field from a 270° bearing from 2016, associated dispersion from the airport clockwise to a 195° bearing information whose disclosure is restricted by statute. Multimedia modeling for the 2013–2015 emission from the airport, and within a 10.5-mile years, as well as supplemental 2016 radius of Roberts Field from a 195° bearing submissions (audio, video, etc.) must be from the airport clockwise to a 270° bearing accompanied by a written comment. emissions inventory information— from the airport, and within 2.6 miles each The written comment is considered the which show that the nonattainment area side of a 085° bearing from Roberts Field has attained the 2010 1-hour primary official comment and should include 23 extending to 9.6 miles east of the airport, and discussion of all points you wish to SO2 NAAQS. The EPA has made the monitoring within 4 miles northeast and 3 miles make. The EPA will generally not southwest of a 122° bearing from Roberts data, the modeling data, the consider comments or comment Field extending to 13.1 miles southeast of the supplemental emissions inventory contents located outside of the primary airport. information and additional information submission (i.e. on the web, cloud, or Issued in Seattle, Washington, on June 15, submitted by the state to support this other file sharing system). For 2017. proposed action available in the docket additional submission methods, the full Sam S.L. Shrimpton, to this rulemaking through EPA public comment policy, www.regulations.gov and/or at the EPA Acting Group Manager, Operations Support information about CBI or multimedia Group, Western Service Center. Region 7 Office (please contact the submissions, and general guidance on person identified in the FOR FURTHER [FR Doc. 2017–13049 Filed 6–22–17; 8:45 am] making effective comments, please visit INFORMATION CONTACT section of this BILLING CODE 4910–13–P https://www2.epa.gov/dockets/ preamble for more information). commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Ms. II. What is the background of this ENVIRONMENTAL PROTECTION Tracey Casburn, Environmental action? AGENCY Protection Agency, Air Planning and a. Nonattainment Designation 40 CFR Part 52 Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at On June 2, 2010 (75 FR 35520), the [EPA–R07–OAR–2017–0251; FRL–9963–75– (913) 551–7016, or by email at EPA established a health-based 1-hour Region 7] [email protected]. primary SO2 NAAQS at 75 ppb. Upon promulgation of a new or revised SUPPLEMENTARY INFORMATION: Approval of Missouri Air Quality NAAQS, section 107(d) of the Clean Air Implementation Plans; Determination Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. This section of Attainment for the 2010 1-Hour 1 provides additional information by In accordance with Appendix T to 40 CFR part Primary Sulfur Dioxide National 50, the 1-hour primary SO2 NAAQS is met at an Ambient Air Quality Standard; addressing the following: ambient air quality monitoring site when the valid I. What action is the EPA proposing? 1-hour primary standard design value is less than Jefferson County Nonattainment Area or equal to 75 parts per billion (ppb). 40 CFR II. What is the background of this action? 50.17(b). AGENCY: Environmental Protection a. Nonattainment Designation 2 In accordance with Appendix T to 40 CFR part b. Clean Data Policy Agency (EPA). 50, a 1-hour primary SO2 NAAQS design value is ACTION: Proposed rule. c. How does a Nonattainment Area achieve valid if it encompasses three consecutive calendar ‘‘Clean Data’’ for the 2010 1-hour years of complete data. A year meets data SUMMARY: The Environmental Protection primary SO2 NAAQS? completeness requirements when all 4 quarters are Agency (EPA) is proposing to determine d. What information did the state provide complete. A quarter is complete when at least 75 to the EPA to demonstrate that the area percent of the sampling days for each quarter have that the Jefferson County nonattainment complete data. A sampling day has complete data area, in Missouri, has attained the 2010 has attained the NAAQS? e. What is the EPA’s rationale for if 75 percent of the hourly concentration values, including state-flagged data affected by exceptional 1-hour primary Sulfur Dioxide (SO2) proposing this action? National Ambient Air Quality Standard events which have been approved for exclusion by III. What is the EPA’s analysis of the state’s the Administrator, are reported. (NAAQS) per the EPA’s Clean Data Air Quality Monitoring and Modeling 3 Monitoring data must be reported, quality Policy. This proposed determination of Data, and the state’s Supplemental assured, and certified in accordance with the attainment is based upon complete, Emissions Inventory Information? requirements set forth in 40 CFR part 58.

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Act (CAA) requires the EPA to designate Additionally, the EPA has issued c. How does a nonattainment area any area that does not meet (or that national rulemakings that have codified achieve ‘‘clean data’’ for the 2010 1- contributes to ambient air quality in a this policy for ozone and fine hour primary SO2 NAAQS? 7 nearby area that does not meet) the particulate matter (PM2.5) NAAQS. Generally, the EPA relies on ambient NAAQS as nonattainment. On August 5, Under the Clean Data policy, the EPA air quality monitoring data alone in 2013, the EPA designated a portion of interprets the requirements of the CAA order to make determinations of Jefferson County, Missouri, as that are specifically designed to help an attainment for areas designated nonattainment for the 2010 1-hour area achieve attainment, such as nonattainment for a particular NAAQS. primary SO2 NAAQS, effective October attainment demonstrations and However, given the Agency’s historical 4, 2013.4 The designation was based on implementation of reasonably available approach toward SO2, the source- 2008–2010 monitoring data in control measures (including reasonably specific nature of SO2 emissions, and Herculaneum, Missouri, which available control technology), the localized effect of those emissions, monitored violations of the standard in the preamble to the 2010 1-hour (see section III of this document for reasonable further progress (RFP) demonstrations, and contingency primary SO2 NAAQS rulemaking, the additional monitoring information). The EPA stated that it did not expect to rely effective date of the nonattainment measures, to be suspended as long as air quality continues to meet the standard. solely on monitored air quality data in designation was October 4, 2013. This all areas when determining if an area action established an attainment date In the memorandum of April 23, has attained the 2010 1-hour primary five years after the effective date for the 2014, from Steve Page, Director, EPA SO2 NAAQS (75 FR 35551). As the EPA areas designated as nonattainment for Office of Air Quality Planning and noted in the preamble, in order for the the 2010 SO2 NAAQS (i.e., by October Standards to the EPA Air Division EPA to determine that an area is 4, 2018). The state was also required to Directors ‘‘Guidance for 1-hr SO2 attaining the 2010 1-hour primary SO2 submit a State Implementation Plan Nonattainment Area SIP Submissions’’ NAAQS, dispersion modeling may be (SIP) for the nonattainment area to the (2014 SO2 Nonattainment Area needed to show no violating receptors EPA that meets the requirements of Guidance), the EPA explained its even if a monitoring site showed no CAA sections 110, 172(c) and 191–192 intention to extend the Clean Data violations.10 This was because, as the within 18 months following the October Policy to 1-hour SO nonattainment EPA explained in the preamble, the 4, 2013, effective date of designation 2 areas that attained the standard. As Agency did not expect that most (i.e., by April 4, 2015). The State of noted therein, the legal bases set forth existing SO2 monitors were well sited to Missouri submitted the ‘‘Nonattainment record maximum 1-hour ambient SO Area Plan for the 2010 1-Hour Sulfur in the various guidance documents and 2 regulations establishing the Clean Data concentrations under the new NAAQS. Dioxide National Ambient Air Quality The 2014 SO Nonattainment Area Standard Jefferson County Sulfur Policy for other pollutants are equally 2 pertinent to all NAAQS.8 This proposed Guidance states that, in order for a Dioxide Nonattainment Area’’ on June 5, nonattainment area that was designated 2015. rule is also consistent with prior actions of the EPA applying the Clean Data based on air quality monitoring data to b. Clean Data Policy Policy to two other nonattainment areas be determined as attaining the NAAQS, Where states request a clean data under the 2010 SO NAAQS.9 the state would need to meet a series of 2 criteria. First, the state would need to determination of a designated SO2 Clean data determinations are not NAAQS nonattainment area, the EPA demonstrate that the area is meeting the redesignations to attainment. For the standard based on three consecutive will determine whether or not an area EPA to redesignate an area to has attained the NAAQS based on air calendar years of air quality monitoring attainment, a state must submit and quality monitoring data (when that is complete and quality-assured receive full approval of a redesignation available) and air quality dispersion (consistent with 40 CFR part 58 modeling information for the affected request that satisfies all of the statutory requirements). Second, the state would area as necessary. The EPA issued criteria for redesignation to attainment, need to either (1) provide modeling of including a demonstration that the the most recent three years of actual ‘‘Clean Data’’ policy memoranda for SO2 and other NAAQS describing reduced improvement in the area’s air quality is 10 attainment planning requirements for due to permanent and enforceable As noted in the preamble to the 2010 1-hour primary SO2 NAAQS (75 FR 35551), this has been nonattainment areas that attain the reductions; have a fully approved SIP the EPA’s general position throughout the history NAAQS, but have not yet been that meets all of the applicable of implementation of the SO2 NAAQS program. See, redesignated as attainment.56 requirements under CAA section 110 e.g., ‘‘Air Quality Control Regions, Criteria, and and CAA part D; and have a fully Control techniques; Attainment Status Designations,’’ 43 FR 40412, 43 FR 40415–43 FR 4 78 FR 47191 (August 5, 2013), codified at 40 approved maintenance plan. 40416 (September 11, 1978); ‘‘Air Quality Control CFR 81.326. Regions, Criteria, and Control Techniques,’’ 43 FR 5 Memorandum of December 14, 2004, from Steve 45993, 43 FR 46000–43 FR 46002 (October 5, 1978); Page, Director, EPA Office of Air Quality Planning ‘‘Air Quality Implementation Plans: State 7 See, e.g., 81 FR 58010, 81 FR 58127–58129 and Standards to the EPA Air Division Directors, Implementation Plans; General Preamble,’’ 57 FR (August 24, 2016) (promulgating 40 CFR 51.1015); ‘‘Clean Data Policy for the Fine Particle National 13498, 57 FR 13545, 57 FR 13547–57 FR 13557, 57 Ambient Air Quality Standards.’’ This document is 80 FR 12264, 80 FR 12296 (promulgating 51.1118). FR 13548 (April 16, 1992); ‘‘Approval and available at: http://www.epa.gov/pmdesignations/ See also 70 FR 71612, 70 FR 71664–46 (November Promulgation of State Implementation Plans; Call guidance.htm. 29, 2005); 72 FR 20585, 72 FR 20603–20605 (April for Sulfur Dioxide SIP Revisions for Billings/Laurel, 6 The memorandum of April 23, 2014, from Steve 25, 2007). MT,’’ 58 FR 41430 (August 4, 1993); ‘‘Designation Page, Director, EPA Office of Air Quality Planning 8 See court cases upholding legal basis for the of Areas for Air Quality Planning Purposes; Ohio,’’ and Standards to the EPA Air Division Directors EPA’s Clean Data Determination Policy, NRDC v. 59 FR 12886, 59 FR 12887 (March 18, 1994); ‘‘Guidance for 1-hr SO2 Nonattainment Area SIP EPA, 571 F.3d at 1258–61 (D.C. Cir. 2009); Sierra ‘‘Ambient Air Quality Standards, National and Submissions’’ provides guidance for the application Implementation Plans for Sulfur Oxides (Sulfur Club v. EPA, 99 F.3d 1551 (10th Cir. 1996); Latino of the clean data policy to the 2010 1-hour primary Dioxide),’’ 60 FR 12492, 60 FR 12494–60 FR 12495 Issues Forum v. EPA, 315 Fed. App. 651, 652 (9th SO2 NAAQS. This document is available at https:// (March 7, 1995); ‘‘Air Quality Implementation www.epa.gov/sites/production/files/2016-06/ Cir. 2009). Plans; Approval and Promulgation: Various States: documents/ 9 82 FR 13227 (March 10, 2016) and 81 FR 28718 Montana,’’ 67 FR 22167, 67 FR 22170–67 FR 22171, 20140423guidance_nonattainment_sip.pdf. (May 10, 2016). 67 FR 22183–67 FR 22887 (May 2, 2002).

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emissions for the area or (2) provide a attaining the NAAQS. In addition, the guidance to endorse that practice now, demonstration that the affected SO2 Modeling TAD indicates that, provided the allowables-based modeling monitor(s) is or are located in the area where an allowable emissions limit has is conducted appropriately pursuant to of maximum concentration. As been lowered during the relevant three- the SO2 Modeling TAD and applicable explained in more detail later in this year period (such as through the EPA regulations such as those governing section, the EPA believes that it is implementation of emissions controls), stack heights and dispersion techniques permissible to substitute current source- the air agency may rely on the new limit at 40 CFR 51.100 and 40 CFR 51.118. specific allowable emissions for actual in demonstrating that the modeled limit d. What information did the state emissions for the purpose of assures attainment. In this fashion, the provide to the EPA to demonstrate that demonstrating (1) in this paragraph. most recent permitted or potential to the area attained the NAAQS? If a demonstration shows that the emit rate should be used along with a monitor(s) is or are located in the area minimum of the most recent three years On February 2, 2016, the state of maximum concentration, the EPA of meteorological data.13 submitted a request asking the EPA to believes that it may be appropriate to The EPA believes that modeling a mix determine that the nonattainment area determine that the nonattainment area is of current allowable emissions and attained the 2010 1-hour primary SO2 attaining the standard based on actual emissions would be permissible NAAQS per the EPA’s Clean Data monitoring data alone. The state did not in such an analysis as long as the same Policy. The request included the most submit a demonstration that the monitor type of emissions are used for each recent three years of complete, quality was located in the area of maximum source for all three years. For instance, assured, and certified ambient air concentration, therefore its submittal if a state decided to use current monitoring data from the 2013–2015 needed to provide a modeling allowables for a facility in a modeling monitoring period; the design value for demonstration in support of a clean data analysis, the state would need to use 2013–2015 was 66.0 ppb. In a response determination. current allowables for all three years of letter, dated March 4, 2016, the EPA The 2014 SO2 Nonattainment Area the analysis for that facility. The state stated that, because the request did not Guidance states that, when air agencies would not necessarily need to use include a modeling demonstration provide monitoring and/or modeling to current allowables for the other sources showing attainment utilizing the most support clean data determinations, the in the analysis (i.e., actuals would be recent three years of actual emissions or monitoring data provided by the state permissible for all three years for other a demonstration that the monitor was should follow the EPA’s ‘‘SO2 NAAQS sources in the area). The EPA believes located in the area of maximum Designations Source-Oriented this kind of analysis is appropriate for concentration for the nonattainment Monitoring Technical Assistance both designations and clean data area, the state’s request did not contain Document’’ (SO2 monitoring TAD) and determinations, both of which use the the necessary supporting information as the modeling provided by the state analysis to determine whether the area outlined in the EPA’s 2014 SO2 should follow the EPA’s ‘‘SO2 NAAQS is currently meeting the NAAQS. Nonattainment Area Guidance. In a Designations Modeling Technical The EPA recognizes that its 2014 SO2 letter dated August 4, 2016, the state Assistance Document’’ (SO2 Modeling Nonattainment Area Guidance does not provided modeling of the most recent 11 12 TAD). The SO2 Modeling TAD on its face suggest that modeling three years of actual emissions (2013– outlines modeling approaches for future allowable emissions would be an 2015) for the nonattainment area. SO2 NAAQS attainment status acceptable alternative to modeling However, in the provided modeling, the designations and states that, for the actual emissions in the clean data Doe Run Herculaneum facility was purposes of modeling to characterize air determination or redesignations zeroed out despite the fact that the 14 quality for use in SO2 designations, the contexts. However, the Agency facility was still operating in 2013. On EPA recommends using a minimum of considers it to have been an oversight November 9, 2016, the EPA asked the the most recent three years of actual on its part not to have addressed this state (via email) to provide additional emissions data and concurrent alternative possibility in the 2014 SO2 information regarding the exclusion of meteorological data to allow the Nonattainment Area Guidance, as the emissions from the Doe Run modeling to simulate what a monitor Agency clearly has endorsed the use of Herculaneum facility for the 2013–2015 would observe. Additionally, the SO2 both actual emissions and allowable emission years from the modeling Modeling TAD indicates that it is emissions in the SO2 Modeling TAD in demonstration as well as additional acceptable to use allowable emission general and in the recent rounds of area information regarding its selection of rates instead of actual emission rates. designations under the SO2 NAAQS, in the 2014 emissions data year as a Although past actual emissions could contexts where, as here, the Agency is surrogate for the interactive sources’ have been higher than those under the making a factual judgment about emissions.15 The state submitted most recent allowable rate, the SO2 whether an area has attained the supporting information to the EPA on Modeling TAD reflects the EPA’s belief NAAQS. Moreover, the 2014 guidance November 21, 2016. In its November that it is reasonable to account for any also suggests that modeling of lower allowable limits currently in allowables emissions, combined with 14 The Doe Run Herculaneum (Herculaneum) place when determining if an area is other information, could also be used to facility was a lead smelting facility identified by the state and the EPA as the largest source of SO2 determine whether, after the attainment emissions in Jefferson County at the time of the 11 The SO2 NAAQS Designations Source-Oriented deadline has passed, areas in fact timely promulgation of nonattainment designations in Monitoring Draft Technical Assistance Document, attained the NAAQS under CAA section 2013. The facility ceased operations in December Office of Air Quality Planning and Standards, Air 2013. Although the source operated in 2013, 179. Therefore, although the SO2 Quality Assessment Division, May 2013, can be emitting 11,477 tons of SO2, the state zeroed out its found at https://www.epa.gov/sites/production/ Nonattainment Area Guidance was emissions in each of the 2013–2015 emission years files/2016-06/documents/so2monitoringtad.pdf. silent on using allowable emissions in in the modeling information. 12 The SO2 NAAQS Designations Modeling the clean data determination and 15 The state modeled all interactive sources Technical Assistance Document, Office of Air redesignations contexts, the EPA utilizing the sources’ 2014 emission limits Quality Planning and Standards, Air Quality (essentially modeling the 2014 emissions input Assessment Division, May 2013, can be found at believes it is not inconsistent with the three times). The EPA requested that the state https://www.epa.gov/sites/production/files/2016- confirm that utilizing 2014 as a surrogate for 2013 13 06/documents/so2modelingtad.pdf. See page 10 of the SO2 Modeling TAD. and 2015 was appropriate.

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2016 submittal the state spoke to the The state modeled actual emissions (consistent with 40 CFR part 58 complexity of modeling fugitive for all sources except for the Doe Run requirements). The EPA has determined emissions from the Doe Run Herculaneum facility, which was that three complete consecutive Herculaneum facility and the modeled at zero emissions, since the calendar years of quality-assured air appropriateness of utilizing 2014 facility shut down in December 2013.16 quality monitoring data from the Mott emissions as a surrogate for the This treatment of the Doe Run Street monitor have been recorded in interactive sources. On February 22, Herculaneum facility is appropriate the EPA’s Air Quality System (AQS), 2017, the state provided additional because the demonstration includes and the data meets the requirements of supplemental information that consisted emissions for Doe Run Herculaneum Appendix T to 40 CFR part 50 and 40 of available 2016 emissions inventory using the most recent allowable CFR part 58. This data suggests information. On May 1, 2017, the EPA emissions rate, which has been improved air quality in the received email notification from the permanently and enforceably lowered nonattainment area. As shown in Table state that its 2016 ambient air quality during the relevant period. The 1, the 99th percentile 1-hour average (in data was certified as complete and maximum modeled impact from the ppb) at the Mott Street Monitor has continues to show attainment of the model scenario is 172.8 mg/m3, or 66 decreased after 2013, when the Doe Run standard; the design value for 2014– ppb, which complies with the 1-hour Herculaneum facility ceased primary 2016 is 23.0 ppb. These standard of 75 ppb. The model results smelting operations. As shown in Table communications are available in the satisfy the criteria for determinations of 2, during the 2014–2016 monitoring docket for this action. attainment according to the EPA’s period, the nonattainment area met the guidance and policy. e. What is the EPA’s rationale for 2010 1-hour primary SO2 NAAQS. The proposing this action? III. What is the EPA’s analysis of the certified annual design value for the state’s air quality monitoring and nonattainment area for the 2014–2016 The EPA is proposing to issue a modeling data, and the state’s monitoring period is 23.0 ppb. Although determination of attainment for the supplemental emissions inventory clean data at a monitor sited in the area nonattainment area based on the area’s information? of maximum concentration could be 2013–2015 modeling demonstration, sufficient for purposes of a clean data which is supported by monitoring data a. Ambient Air Quality Monitoring Data determination under the EPA’s from the Mott Street monitor. The 2014 Evaluation guidance, the state did not submit a SO2 Nonattainment Area Guidance and According to the 2014 SO2 demonstration showing that the Mott the accompanying 2016 SO2 Modeling Nonattainment Area Guidance, to Street monitor is located in the area of TAD allow for nonattainment areas to support a clean data determination maximum concentration. Thus, the model a mix of actual emissions and based on monitoring, the state needs to monitoring data on its own is not current allowable emissions, and as demonstrate that the area is meeting the sufficient to support a clean data noted previously, we interpret that standard based on three consecutive determination in this case, and, as such, document to also allow this approach calendar years of complete and quality- the state submitted modeling to support for a clean data determination. assured air quality monitoring data the clean data determination.

TABLE 1—99TH PERCENTILE 1-HOUR AVERAGE IN PARTS PER BILLION (PPB) AT THE MOTT STREET MONITOR [2013–2016]

Monitor Site name 2013 2014 2015 2016

29–099–0027 ...... Mott Street ...... 143 18 38 13

TABLE 2—1-HOUR PRIMARY SO2 NAAQS DESIGN VALUE (DV) FOR THE MOTT STREET MONITOR 99TH PERCENTILE 1- HOUR AVERAGE IN PARTS PER BILLION (PPB) AT THE MOTT STREET MONITOR [2014–2016]

State County Monitor Site name dv

MO ...... Jefferson ...... 29–099–0027 Mott Street...... 23.0

b. Modeling Data and Supplemental need to submit information in addition 2015).17 In February 2017, the state 2016 Emissions Information Evaluation to monitoring data if the area was submitted supplemental preliminary designated nonattainment based on air 2016 emissions data in support of As noted earlier, the 2014 SO2 Nonattainment Area Guidance states quality monitoring data. In August 2016, assumptions made in the 2013–2015 18 that, in order for the EPA to make a the state submitted modeling data for modeling demonstration. The EPA clean data determination, the state may the most recent three years (2013– reviewed the submitted modeling data

16 The Doe Run was limited to the terms of a Decree also required Doe Run to permanently cease assured data set at the time of the submittal. The consent decree applicable to the Herculaneum smelting operations and retire the blast furnaces by submittal includes a table of the sources included facility entered into by Doe Run, Missouri, and EPA April 30, 2014; Doe Run ceased operation of the in the model and the emission rates used in the in the United States District Court in the Eastern blast furnaces on December 31, 2013, concurrently model. This information is provided in the docket. District of Missouri, Case No. 4:10–cv–01895–JCH with the cessation of operation of the sintering 18 on December 21, 2011 (2011 Consent Decree). On 2016 emissions data submitted by the state in December 31, 2013, pursuant to the terms of the plant. February 2017 included only data quality assured 2011 Consent Decree, Doe Run permanently ceased 17 The state’s submittal included 2013–2015 as of September 2016. operations of the sintering plant. The 2011 Consent emissions data as it was the complete and quality

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and supporting 2016 preliminary Inventory System (MoEIS), for the were characterized appropriately in the emissions data information for the remaining twelve sources. For the model. nonattainment area to determine remaining twelve sources, the state As previously described, the state consistency with the EPA’s Clean Data converted the annual emissions to submitted additional information to the Policy, the 2014 SO2 Nonattainment hourly emission rates utilizing EPA in February 2017. In this submittal, Area Guidance and the 2016 SO2 operational hours reported by the the state acknowledged that that Modeling TAD. facilities (as hourly emissions were not emissions data for the 4th quarter of The EPA reviewed the August 2016 available for these twelve sources). The 2016 was not yet available nor quality submittal to determine if the state’s November 2016 supplemental assured for modeling purposes. Most of appropriate meteorological inputs were information indicated that the state the modeled source inventory data will utilized. The state determined that the evaluated actual emissions for each year not be available until at least mid-2017. 2013–2015 meteorological data in the three-year period (2013–2015) However, the state compared ‘‘data collected at the Doe Run Herculaneum separately. As can be expected, there elements of 2016’’ to 2013 to determine meteorological sites were inappropriate were variations in hourly emissions whether the 2013 data could serve as a for use in the model analysis as the data during the modeled time period (2013– surrogate for 2016 data.21 The state were disjointed. The data were 2015); emissions from either 2013 or asserted that, because the August 2016 disjointed due to a 2013 Consent 2015 were slightly higher than the 2014 modeling demonstration used actual Judgment between the state and Doe emissions for six of the twelve sources. emissions for the period 2013–2015 for Run that allowed Doe Run Herculaneum As such, in the November 2016 all sources except Doe Run to cease meteorological measurements at supplemental information, the state Herculaneum, a modeling certain towers and to move the revised the modeling to reflect the demonstration for the period 2014–2016 remaining tower to allow for site highest hourly emissions (either would likely yield similar results remediation. The state elected to use the reported to CAMD or converted to because Doe Run Herculaneum was not most recent full three-year period hourly emission rates by the State) for operational in any of those three years. (2013–2015) of data as measured at a each interactive source during the three- The supplemental information spatially representative NWS airport year period. The variation in emissions submitted by the state included an site. The state utilized the St. Louis, resulted in only a 0.02 percent increase examination of variations in Missouri downtown airport (Cahokia) on the model-predicted concentrations; meteorology and in modeled source for surface data and the Lincoln, Illinois the highest modeled impact increased inventory emissions. This included a site for upper air data. The from 172.82 mg/m3 to 172.85 mg/m3. qualitative climatological comparison meteorological data from the time Considering the variation resulted in between the years 2013 and 2016 for the period of 2013–2015 was processed and only a 0.02 percent increase on the St. Louis, Missouri downtown airport paired with the emissions data as predicted modeling concentrations, the location and highlighted the similarities discussed later in this preamble. The EPA agrees with the state’s assertion and differences observed in those years. EPA believes that the utilization of that the use of hourly emission data The state asserted that the meteorological data from these sites was (either reported to CAMD or converted meteorological information indicates appropriate.19 to hourly emission rates by the State) that the differences in meteorological The EPA finds that the state from 2014 for the interactive sources conditions from 2013 to 2016 are sufficiently considered all significant was a reasonable representation of the insignificant. The state also provided 2016 sources of SO2 emissions for inclusion time period. in the modeling demonstration, emissions information, as reported to The state did not include emissions including permitted sources of SO2 CAMD, for the three EGUs (Ameren’s emissions inside of the nonattainment from Doe Run Herculaneum in the Labadie, Meramec and Rush Island area boundary, nearby sources (located modeling demonstration for any of the facilities) and compared them to the within 20 kilometers (km) of the 2013–2015 emission years. The state modeled 2013 emissions data. Partial nonattainment area boundary and modeled the facility at zero emissions data for 2016 (through September 30, emitting greater than 1 ton per year (tpy) from 2013–2015 even though the 2016) emissions data was provided in facility’s primary smelting operation CAMD; the state compared available of SO2) outside the nonattainment area 20 boundary, and large sources (sources was active during 2013. The EPA 2016 emissions data (January 1, 2016– believes that this modeling analysis that emit greater than 2,000 tpy of SO2) September 30, 2016) to 2013 emissions located within 50 km of the supports the rationale outlined in data for these three sources.22 23 For nonattainment boundary. The EPA finds section II.e. for proposing the clean data 2016, the three reported quarters were the modeled source inventory was determination. The EPA believes that extrapolated to a full year for an annual modeling the Doe Run Herculaneum 24 created in accordance with the 2014 SO2 comparison. This extrapolation Nonattainment Area Guidance and the facility at zero emissions is in assumed a continuation of comparable accordance with the 2016 SO2 Modeling 2016 SO2 Modeling TAD. To characterize the emissions from TAD as it is representative of current 21 Key data elements included meteorological the sources in the modeling inventory, allowable emissions at the source. data, available emission data and monitoring data. Because the EPA is interpreting that the 22 Ameren’s Labadie and Meramec facilities are the state used hourly varying emissions, not in the nonattainment area but are within 50 km 2016 SO2 Modeling TAD’s provision for as reported to the EPA’s Clean Air of the nonattainment area and emit greater than modeling a mix of current allowables Markets Division (CAMD) program 2,000 tpy of SO2. Therefore, they were included in database, for three of the fifteen sources, and actuals for area designations is also the state’s modeling demonstration and subsequent and the 2014 actual emissions, as appropriate for purposes of a clean data supplemental information. determination, the EPA finds that the 23 All emissions data used in the analysis are reported in the Missouri Emission available through the EPA’s CAMD database online. emissions from all modeled sources https://www.epa.gov/airmarkets/clean-air-markets- 19 See the state’s August 2016 modeling data-resources. demonstration, provided in the docket to this 20 Herculaneum emitted an estimated 11,477 tons 24 The first three quarters of 2016 were action, for model selection information (i.e., of SO2 in 2013 prior to it ceasing operations in extrapolated to a full year for annual comparison by receptor grid selection). December of 2013. multiplying by 75 percent (×/0.75).

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emission levels. The extrapolated 2016 TABLE 3—DECREASE IN DOE RUN reductions as necessary and appropriate data indicated that the Labadie facility’s HERCULANEUM SO2 EMISSIONS VS. to deal with transported air pollution SO2 emissions decreased 21 percent, the THE DECREASE IN MONITORED 99TH situations. See CAA sections Meramec facility’s SO2 emissions PERCENTILE 1-HOUR AVERAGES 110(a)(2)(D), 110(a)(2)(A), and 126. decreased 23 percent and the Rush If, after considering any comments [2012–2015] received on this proposal, the EPA Island facility’s SO2 emissions finalizes a clean data determination for decreased 3 percent from 2013 annual 99th percentile emission rates. The state also asserted 1-hour Herculaneum this area, the state would need to Year SO2 emissions continue to monitor and/or model air that updating the modeling data to average (tpy) (ppb) quality to verify continued attainment. include 2014–2016 emissions and The air agency would be expected to meteorological information would not 2012 ...... 268 17,894 continue to operate an appropriate air change the outcome of the previously 2013 ...... 143 11,477 quality monitoring network in the submitted modeling information (which 2014 ...... 18 <1 2015 ...... 38 <1 affected area, in accordance with the utilized 2013–2015 data) that modeled EPA regulations, to verify the attainment of the NAAQS. Essentially, attainment status of the area (see 40 CFR the state claimed, the maximum The maximum modeled impact from the 2013–2015 model scenario is 172.8 part 58). modeled impact from the model This proposed clean data mg/m3 or 66 ppb which complies with scenario (172.8 mg/m3 or 66 ppb in the determination is limited to a the 1-hour standard of 75 ppb. The northwest portion of the nonattainment determination that the area attained the model results, along with monitored area) utilizing 2013–2015 emission data 2010 1-hour primary SO NAAQS as attainment of the NAAQS at the Mott 2 without Doe Run Herculaneum evidenced by the state’s monitoring data Street monitor for the same time period, and modeling analysis; this proposed emissions, is indicative of 2014–2016 satisfies the criteria for clean data action, if finalized, would not constitute air quality without contributions from according to the EPA’s guidance. a redesignation to attainment under the Doe Run Herculaneum facility and Certified and quality assured 2016 air section 107(d)(3) of the CAA. The demonstrates that the nonattainment quality monitoring data is indicative of designation status of the nonattainment area has attained the standard of 75 ppb. a substantial improvement in SO air 2 area will remain nonattainment for the While the state’s analysis of available quality in the nonattainment area; the 2010 1-hour primary SO NAAQS until design value for 2014–2016 is 23.0 ppb. 2 2016 emissions and meteorology data is such time as the state submits an Missouri’s monitoring data, technical informative, the EPA interprets that the approvable redesignation request and modeling analysis and supplemental 2014 SO2 Nonattainment Area Guidance maintenance plan, and the EPA takes information all support an EPA and the 2016 SO2 Modeling TAD allows final rulemaking action to determine determination, consistent with its Clean for modeling of a mix of actual that such submission meets the CAA Data Policy, that the nonattainment area emissions and current allowable requirements for redesignation to has clean data and warrants a clean data emissions to support a clean data attainment. determination, and therefore the state’s determination. V. Statutory and Executive Order 2013–2015 modeling demonstration is VI. What would be the effects of this Reviews sufficient to allow an assessment as to action, if promulgated? This action proposes to make a whether the area has achieved clean If this proposed determination is data. determination based on air quality made final, the requirements for the monitoring data and modeling and The EPA acknowledges the Doe Run state to submit an attainment would, if finalized, result in the Herculaneum facility’s primary smelting demonstration, a reasonable further suspension of certain Federal operation is permanently shut down progress plan, contingency measures, requirements and would not impose any and recognizes the corresponding and other planning SIPs revisions additional requirements. For that relationship between the decrease in the related to attainment of the 2010 1-hour reason, this proposed action: emissions from Doe Run Herculaneum primary SO2 NAAQS shall be • Is not a significant regulatory action and the decreased monitored suspended until such time, if any, that subject to review by the Office of concentrations at the Mott Street the EPA subsequently determines, after Management and Budget under monitor as seen in table 3. The notice-and-comment rulemaking in the Executive Orders 12866 (58 FR 51735, Federal Register, that the area has maximum hourly SO2 concentration October 4, 1993) and 13563 (76 FR 3821, was reduced by 87 percent from 2013 violated the 2010 1-hour primary SO2 January 21, 2011); (143 ppb) to 2014 (18 ppb) after the Doe NAAQS. If this were to occur, the basis • Does not impose an information Run Herculaneum facility closed. A for the suspension of the specific SIP collection burden under the provisions requirements would no longer exist, and comparison of the 99th percentile 1-hr of the Paperwork Reduction Act (44 the state would thereafter have to average from the last full production U.S.C. 3501 et seq.); address the pertinent requirements. If • year (2012) to the first post-shutdown Is certified as not having a finalized, this determination of significant economic impact on a year (2014) shows a 93 percent attainment would not shield the area reduction in monitored SO substantial number of small entities 2 from other required actions, such as under the Regulatory Flexibility Act concentrations. provisions to address pollution (5 U.S.C. 601 et seq.); transport, which could require emission • Does not contain any unfunded reductions at sources or other types of mandate or significantly or uniquely emission activities contributing affect small governments, as described significantly to nonattainment in other in the Unfunded Mandates Reform Act areas or states, or interfering with of 1995 (Pub. L. 104–4); maintenance in those areas. The EPA • Does not have Federalism has the authority to require emissions implications as specified in Executive

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Order 13132 (64 FR 43255, August 10, California’s low emission vehicle (LEV) III. Relevant EPA and CAA Requirements 1999); program. Maine has adopted these IV. Proposed Action • Is not an economically significant revisions to reduce emissions of volatile V. Incorporation by Reference regulatory action based on health or organic compounds (VOC) and nitrogen VI. Statutory and Executive Order Reviews safety risks subject to Executive Order oxides (NO ) in accordance with the X I. Background and Purpose 13045 (62 FR 19885, April 23, 1997); requirements of the Clean Air Act • Is not a significant regulatory action (CAA), as well as to reduce greenhouse On August 18, 2015, the Maine subject to Executive Order 13211 (66 FR gases. The intended effect of this action Department of Environmental Protection 28355, May 22, 2001); is to propose approval of Maine’s (DEP) submitted a revision to its SIP • Is not subject to requirements of August 18, 2015 SIP revision. This consisting of Maine’s amended Chapter Section 12(d) of the National action is being taken under the Clean 127 ‘‘New Motor Vehicle Emission Technology Transfer and Advancement Air Act. Standards.’’ The regulation establishes Act of 1995 (15 U.S.C. 272 note) because DATES: Written comments must be motor vehicle emission standards for application of those requirements would received on or before July 24, 2017. new gasoline powered passenger cars, be inconsistent with the CAA; and light-duty trucks, medium-duty • ADDRESSES: Submit your comments, Does not provide the EPA with the identified by Docket ID No. EPA–R01– vehicles, as well as for heavy-duty discretionary authority to address, as OAR–2013–0089 at http:// diesel vehicles. appropriate, disproportionate human www.regulations.gov, or via email to A prior version of Maine’s Chapter health or environmental effects, using [email protected]. For comments 127 is currently in the Maine SIP. It was practicable and legally permissible submitted at Regulations.gov, follow the effective in the State of Maine on methods, under Executive Order 12898 online instructions for submitting December 31, 2000 and approved by (59 FR 7629, February 16, 1994). comments. Once submitted, comments EPA into the SIP on April 28, 2005 (70 In addition, this proposed action does cannot be edited or removed from FR 21959). The SIP-approved version of not apply on any Indian reservation Regulations.gov. For either manner of Chapter 127 includes California’s LEV I land or in any other area where the EPA submission, the EPA may publish any and LEV II standards, effective for or an Indian tribe has demonstrated that comment received to its public docket. model years 1994–2003 and 2004–2010, a tribe has jurisdiction. In those areas of Do not submit electronically any respectively. It does not include the Indian country, the rule does not have information you consider to be California zero emission vehicle (ZEV) tribal implications and will not impose Confidential Business Information (CBI) mandate for Maine. substantial direct costs on tribal or other information whose disclosure is Since that time, Maine has made governments or preempt tribal law as restricted by statute. Multimedia several revisions to Chapter 127. The specified by Executive Order 13175 (65 submissions (audio, video, etc.) must be version included in Maine’s August 18, FR 67249, November 9, 2000). accompanied by a written comment. 2015 SIP revision includes the following requirements, beyond those previously List of Subjects in 40 CFR Part 52 The written comment is considered the official comment and should include approved into the SIP. The SIP revision Environmental protection, Air discussion of all points you wish to includes California’s 2007 heavy-duty pollution control, Incorporation by make. The EPA will generally not diesel engine (HDDE) emission reference, Sulfur dioxide, attainment consider comments or comment standards. This was phased in from determination. contents located outside of the primary 2007 through 2009, with full Dated: June 5, 2017. submission (i.e. on the Web, cloud, or compliance required for model year Edward H, Chu, other file sharing system). For 2010 and subsequent engines. The Acting Regional Administrator, Region 7. additional submission methods, please California regulations were identical to EPA’s HDDE rule that requires engines [FR Doc. 2017–13190 Filed 6–22–17; 8:45 am] contact the person identified in the FOR to emit 95% less NOX and 90% less BILLING CODE 6560–50–P FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, particulate matter (PM) than the information about CBI or multimedia previous standards. ENVIRONMENTAL PROTECTION submissions, and general guidance on Maine’s revised regulation also AGENCY making effective comments, please visit includes requirements for diesel fueled http://www2.epa.gov/dockets/ auxiliary power units (APUs). APUs are 40 CFR Part 52 commenting-epa-dockets. engines, other than the main vehicle engine, that could be used for heating or FOR FURTHER INFORMATION CONTACT: Eric [EPA–R01–OAR–2013–0089; FRL–9963–87– cooling a sleeper truck, or powering a Region 1] Rackauskas, Air Quality Planning Unit, refrigerator unit while the main vehicle U.S. Environmental Protection Agency, engine is powered down. The amended Air Plan Approval; ME; New Motor EPA New England Regional Office, 5 Chapter 127 allows truck owners to Vehicle Emission Standards Post Office Square, Suite 100 (mail install either a California certified or a code: OEP05–2), Boston, MA 02109– AGENCY: Environmental Protection Federal Tier 4 certified APU.1 3912, telephone number (617) 918– Agency. Maine’s revised rule also includes the 1628, fax number (617) 918–0628, email ACTION: Proposed rule. California ZEV program. In 2003, the [email protected]. California Air Resources Board (CARB) SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: finalized modifications to the ZEV Agency (EPA) is proposing to approve a Throughout this document whenever program that better aligned the State Implementation Plan (SIP) ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean requirements with the status of then- revision submitted by the State of Maine EPA. available technology development. The on August 18, 2015. This SIP revision Organization of this document. The updated CARB regulations require that includes Maine’s revised regulation for following outline is provided to aid in 10% of vehicles be ZEVs starting in new motor vehicle emission standards. locating information in this preamble. Maine has updated its rule to be I. Background and Purpose 1 For information on the Federal Tier 4 diesel consistent with various updates made to II. The California LEV Program program see 40 CFR part 1039.

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2005, and allow manufacturers to earn 2000, EPA adopted separate Federal through 2011 vehicle model year. In a and bank credits for those types of standards known as the Tier 2 letter dated June 27, 2012, CARB vehicles produced before 2005. The regulations (February 10, 2000; 65 FR requested that EPA grant a waiver of program also includes an ‘‘alternative 6698). In December 2000, CARB preemption that allowed updated ZEV compliance path’’ that allowed modified the California LEV II program regulations as part of the ACC program. advanced technology partial ZEVs (AT to take advantage of some elements of These updated ZEV regulations will PZEVs) (gasoline electric hybrids) to be the Federal Tier 2 regulations to ensure require manufacturers to produce used to meet ZEV requirements, that only the cleanest vehicle models increasing numbers of ZEVs and plug-in provided that manufacturers meet a would continue to be sold in California. hybrid electric vehicles in 2018 and requirement that a portion of the motor EPA granted California a waiver for its subsequent years. EPA granted this vehicle fleet be fueled by hydrogen fuel LEV II program on April 22, 2003 (68 FR waiver on January 9, 2013 (78 FR 2112). cells. The modifications to the ZEV 19811). In 2012, CARB ‘packaged’ the On October 15, 2005, California program also broadened the scope of third generation LEV program (LEV III) amended its LEV II program to include vehicles that qualified for meeting a with updated GHG emission standards GHG emission standards for passenger portion of the ZEV sales requirement. and ZEV requirements as part of the cars, light-duty trucks, and medium- Maine’s amended Chapter 127 also ACC program. EPA granted California a duty passenger vehicles. On December reflects changes to California’s LEV II waiver for the ACC program on January 21, 2005, California requested that EPA program that incorporated motor vehicle 9, 2013 (78 FR 2112). grant a waiver of preemption under greenhouse gas (GHG) emission The LEV II and LEV III regulations CAA section 209(b) for its GHG standards. These standards apply to expanded the scope of LEV I regulations regulations. On June 30, 2009, EPA model year 2009–2016 passenger cars, by setting strict fleet-average emission granted CARB’s request for a waiver of light-duty trucks, and medium-duty standards for light-duty, medium-duty CAA preemption to enforce its GHG passenger vehicles, and maintain (including sport utility vehicles) and emission standards for new model year identical standards with California for heavy-duty vehicles. The standards for 2009 and later motor vehicles (July 8, all vehicle weight classes as required by LEV II began with the 2004 model year 2009; 74 FR 32744–32784). Approval for Section 177 of the CAA. Maine and increased in stringency with each updated and extended GHG emissions originally adopted the vehicle GHG vehicle model year. The LEV III was granted by EPA as part of the emission standards as part of their standards began in 2015 and continue to January 9, 2013 ACC waiver (78 FR overall goal to reduce GHG emissions to increase emission stringency with each 2112), which includes regulations that 1990 levels by 2010, with a further progressive vehicle model year through incrementally reduce GHG emissions reduction of another 10% by 2020. 2025 and beyond. though 2025 and beyond. Additionally, Maine’s revised rule The manufacturer must show that the includes California’s LEV III, updated overall fleet for a given model year III. Relevant EPA and CAA GHG, and updated ZEV standards and meets the specified phase-in Requirements sales requirements. These three items requirements according to the fleet Section 209(a) of the CAA prohibits were ‘packaged’ together by California average non-methane hydrocarbon states from adopting or enforcing as part of its Advanced Clean Cars requirement for that year. The fleet standards relating to the control of (ACC) program. LEV III standards apply average non-methane hydrocarbon emissions from new motor vehicles or to 2015 and subsequent model year emission limits are progressively lower new motor vehicle engines. However, vehicles. The LEV III standards will with each model year. The program also under section 209(b) of the CAA, EPA increase the stringency of PM and requires auto manufacturers to include shall grant a waiver of the section 209(a) evaporative emission standards, and a ‘‘smog index’’ label on each vehicle prohibition to the State of California if reduce the fleet average hydrocarbon sold, which is intended to inform EPA makes specified findings, thereby and NOX emissions to achieve super consumers about the amount of allowing California to adopt its own ultra-low emissions vehicle (SULEV) pollution produced by that vehicle motor vehicle emission standards. standards by 2022. The updated GHG relative to other vehicles. Furthermore, other states may adopt rule extends GHG emission standards In addition to meeting the LEV II and California’s motor vehicle emission for all new vehicles up to 10,000 LEV III requirements, large or standards under section 177 of the CAA. pounds through 2025 and subsequent intermediate volume manufacturers For additional information regarding model years. The updated ZEV must ensure that a certain percentage of California’s motor vehicle emission regulations apply to any 2018 and the passenger cars and light-duty trucks standards and adoption by other states, subsequent model year passenger cars that they market in California are ZEVs. please see EPA’s ‘‘California Waivers and light-duty trucks. This is referred to as the ZEV mandate. and Authorizations’’ Web page at URL Maine’s revised rule also requires that California has modified the ZEV address: http://www.epa.gov/otaq/ vehicles display an environmental mandate several times since it took cafr.htm. This Web site also lists performance label. Furthermore, the effect. One modification allowed an relevant Federal Register notices that rule requires that aftermarket catalytic alternative compliance program (ACP) have been issued by EPA in response to converters be certified to CARB to provide auto manufacturers with California waiver and authorization standards as of June 1, 2018. several options to meet the ZEV requests. mandate. The ACP established ZEV II. The California LEV Program credit multipliers to allow auto A. Waiver Process CARB adopted the first generation of manufacturers to take credit for meeting The CAA allows California to seek a LEV regulations (LEV I) in 1990, which the ZEV mandate by selling more partial waiver of the preemption which impacted vehicles through the 2003 ZEVs (PZEVs) and AT PZEVs than they prohibits states from enacting emission model year. CARB adopted California’s are otherwise required to sell. On standards for new motor vehicles. EPA second generation LEV regulation (LEV December 28, 2006, EPA granted must grant this waiver before II) following a November 1998 hearing. California’s request for a waiver of California’s rules may be enforced. Subsequent to the adoption of the Federal preemption to enforce When California files a waiver request, California LEV II program in February provisions of the ZEV regulations EPA publishes a notice for public

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hearing and written comment in the guidance includes a list and map of subsequently adopted the California Federal Register. The written comment states that have adopted California LEV and LEV II program, that was period remains open for a period of time standards, specific to the 2008–2010 approved by EPA into the SIP on April after the public hearing. Once the model years. All SIP revisions 28, 2005 (70 FR 21959). Furthermore, comment period expires, EPA reviews submitted to EPA for approval must also this proposed approval of Maine’s the comments and the Administrator meet the requirements of CAA section revised Chapter 127, if finalized, will determines whether the requirements 110(l). add the even more stringent California for obtaining a waiver have been met. The provisions of section 177 of the LEV III standards into Maine’s SIP. According to CAA section 209—State CAA require Maine to amend the Maine Thus, Maine has satisfied 40 CFR Standards, EPA shall grant a waiver LEV program at such time as the State 52.1035, and therefore, EPA is unless the Administrator finds that of California amends its California LEV proposing to remove 40 CFR 52.1035 California: program. Maine has demonstrated its from the CFR. In addition, on March 11, —Was arbitrary and capricious in its commitment to maintain a LEV program 1997, the U.S. Court of Appeals for the finding that its standards are in the through the continued adoption of District of Columbia Circuit vacated the aggregate at least as protective of regulatory amendments to Maine’s provisions of 40 CFR. 51.120. See public health and welfare as Chapter 127. Virginia v. EPA, 108 F.3d 1397. Because In addition, Maine’s August 18, 2015 applicable Federal standards; of the vacatur, EPA concludes that 40 SIP submittal meets the anti-backsliding —Does not need such standards to meet CFR 52.1035 is, in any event, obsolete. requirements of section 110(l) of the EPA is soliciting public comments on compelling and extraordinary CAA. This SIP revision sets new the issues discussed in this notice or on conditions; or requirements, the California LEV III other relevant matters. These comments —Proposes standards and standards, that are more stringent than will be considered before taking final accompanying enforcement the California LEV I and LEV II action. Interested parties may procedures that are not consistent standards previously approved into the participate in the Federal rulemaking with section 202(a) of the CAA. Maine SIP, and expands program procedure by submitting written The most recent EPA waiver relevant coverage to model year vehicles not comments to this proposed rule by to EPA’s proposed approval of Maine’s covered by the California LEV I and LEV following the instructions listed in the LEV program is ‘‘California State Motor II standards, and by extension, not ADDRESSES section of this Federal Vehicle Pollution Control Standards; previously included in the Maine SIP. Register document. Notice of Decision Granting a Waiver of Maine’s revised Chapter 127 also Clean Air Act Preemption for includes increasingly stringent GHG V. Incorporation by Reference California’s Advanced Clean Car emissions and LEV sales requirements In this rule, the EPA is proposing to Program and a Within the Scope that are not currently part of the Maine include in a final EPA rule regulatory confirmation for California’s Zero SIP. text that includes incorporation by Emissions Vehicle Amendments for reference. In accordance with IV. Proposed Action 2017 and Earlier Model Years’’ (January requirements of 1 CFR 51.5, the EPA is 9, 2013; 78 FR 2112–2145). This final EPA is proposing to approve, and proposing to incorporate by reference rulemaking allows California to incorporate into the Maine SIP, Maine’s Maine’s Chapter 127, ‘‘New Motor strengthen standards for LEV revised Chapter 127 ‘‘New Motor Vehicle Emission Standards,’’ effective regulations and GHG emissions from Vehicle Standards,’’ effective in the in the State of Maine on May 19, 2015. passenger cars, light-duty trucks and State of Maine on May 19, 2015, and The EPA has made, and will continue medium-duty vehicles. It also allows for submitted to EPA on August 18, 2015. to make, these documents generally continuing ZEV regulations by requiring The Maine Vehicle Emission Standards available electronically through http:// more ZEV manufacturing and sales program amendments adopted by Maine www.regulations.gov and/or in hard through 2025 and subsequent years. include: the California LEV II GHG copy at the appropriate EPA office. program beginning with model year B. State Adoption of California 2009; the California LEV III program VI. Statutory and Executive Order Standards beginning with the 2015 model year; the Reviews Section 177 of the CAA allows other updated California GHG emission Under the Clean Air Act, the states to adopt and enforce California’s standards beginning with model year Administrator is required to approve a standards for the control of emissions 2017; and the California ZEV provision SIP submission that complies with the from new motor vehicles, provided that, (updated in 2012). In addition, Maine’s provisions of the Act and applicable among other things, such state standards amendments include updated HDDE Federal regulations. 42 U.S.C. 7410(k); are identical to the California standards and diesel APU emission regulations, 40 CFR 52.02(a). Thus, in reviewing SIP for which a waiver has been granted and the requirement that all aftermarket submissions, EPA’s role is to approve under CAA section 209(b). In addition, catalytic converters be CARB certified as state choices, provided that they meet the state must adopt such standards at of June 1, 2018. EPA is proposing to the criteria of the Clean Air Act. least two years prior to the approve Maine’s revised Chapter 127 Accordingly, this proposed action commencement of the model year to into the Maine SIP because EPA has merely approves state law as meeting which the standards will apply. EPA found that the requirements are Federal requirements and does not issued guidance (CISD–07–16) 2 consistent with the CAA. impose additional requirements beyond regarding its cross-border sales policy In addition, EPA is proposing to those imposed by state law. For that for California-certified vehicles. This remove 40 CFR 52.1035, which was reason, this proposed action: promulgated on January 24, 1995 (60 FR • Is not a significant regulatory action 2 See EPA’s October 29, 2007 letter to 4737). This section states that Maine subject to review by the Office of Manufacturers regarding ‘‘Sales of California- must comply with the requirements of Management and Budget under certified 2008–2010 Model Year Vehicles (Cross- Border Sales Policy),’’ with attachments. https:// 40 CFR 51.120, which are to implement Executive Orders 12866 (58 FR 51735, iaspub.epa.gov/otaqpub/display_ the Ozone Transport Commission (OTC) October 4, 1993) and 13563 (76 FR 3821, file.jsp?docid=16888&flag=1. LEV program. As noted above, Maine January 21, 2011);

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• Does not impose an information ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: On collection burden under the provisions AGENCY February 22, 2016, the State of of the Paperwork Reduction Act (44 Maryland through the MDE formally U.S.C. 3501 et seq.); 40 CFR Part 52 submitted amendments to Maryland’s • Is certified as not having a [EPA–R03–OAR–2016–0576; FRL–9963–72– general administrative provisions significant economic impact on a Region 3] related to CAA permitting as a revision substantial number of small entities to Maryland’s SIP. under the Regulatory Flexibility Act (5 Approval and Promulgation of Air I. Background U.S.C. 601 et seq.); Quality Implementation Plans; The CAA’s New Source Review (NSR) • Does not contain any unfunded Maryland; Permits, Approvals, and Registrations programs are preconstruction review mandate or significantly or uniquely and permitting programs applicable to affect small governments, as described AGENCY: Environmental Protection new and modified stationary sources of in the Unfunded Mandates Reform Act Agency (EPA). air pollutants regulated under the CAA. of 1995 (Pub. L. 104–4); ACTION: Proposed rule. The NSR programs of the CAA include • Does not have Federalism a combination of air quality planning implications as specified in Executive SUMMARY: The Environmental Protection and air pollution control technology Order 13132 (64 FR 43255, August 10, Agency (EPA) is proposing to approve a program requirements. Briefly, section 1999); state implementation plan (SIP) revision 109 of the CAA requires EPA to • is not an economically significant submitted by the State of Maryland. promulgate primary national ambient regulatory action based on health or This revision pertains to Maryland’s air quality standards (NAAQS) to safety risks subject to Executive Order administrative procedures for the protect public health and secondary 13045 (62 FR 19885, April 23, 1997); issuance, denial, and appeal of permits NAAQS to protect public welfare. Once issued by the Maryland Department of • Is not a significant regulatory action EPA sets those standards, states must the Environment (MDE). This action is subject to Executive Order 13211 (66 FR develop, adopt, and submit to EPA for being taken under the Clean Air Act 28355, May 22, 2001); approval a SIP that contains emissions • (CAA). limitations and other control measures Is not subject to requirements of to attain and maintain the NAAQS. section 12(d) of the National DATES: Written comments must be received on or before July 24, 2017. Pursuant to section 110, each SIP is Technology Transfer and Advancement required to contain a preconstruction ADDRESSES: Submit your comments, Act of 1995 (15 U.S.C. 272 note) because review program for the construction and identified by Docket ID No. EPA–R03– application of those requirements would modification of any stationary source of OAR–2016–0576 at https:// be inconsistent with the Clean Air Act; air pollution to assure that the NAAQS www.regulations.gov, or via email to and are achieved and maintained; to protect [email protected]. For comments • Does not provide EPA with the areas of clean air; to protect air quality- submitted at Regulations.gov, follow the discretionary authority to address, as related values (such as visibility) in online instructions for submitting appropriate, disproportionate human national parks and other areas; to assure comments. Once submitted, comments health or environmental effects, using that appropriate emissions controls are cannot be edited or removed from practicable and legally permissible applied; to maximize opportunities for Regulations.gov. For either manner of methods, under Executive Order 12898 economic development consistent with submission, EPA may publish any (59 FR 7629, February 16, 1994). the preservation of clean air resources; comment received to its public docket. In addition, the SIP is not approved to and, to ensure that any decision to Do not submit electronically any apply on any Indian reservation land or increase air pollution is made only after information you consider to be in any other area where EPA or an full public consideration of the confidential business information (CBI) Indian tribe has demonstrated that a consequences of the decision. Section or other information whose disclosure is tribe has jurisdiction. In those areas of 172 of the CAA requires a permit restricted by statute. Multimedia Indian country, the rule does not have program in areas which are not attaining submissions (audio, video, etc.) must be tribal implications and will not impose the NAAQS, and section 173 provides accompanied by a written comment. substantial direct costs on tribal the specific requirements for that permit The written comment is considered the governments or preempt tribal law as program. official comment and should include specified by Executive Order 13175 (65 MDE’s February 22, 2016 SIP discussion of all points you wish to FR 67249, November 9, 2000). submittal consists of revisions to make. EPA will generally not consider regulations under section 26.11.02 List of Subjects in 40 CFR Part 52 comments or comment contents located (Permits, Approvals, and Registration) outside of the primary submission (i.e. of the Code of Maryland Regulations Environmental protection, Air on the web, cloud, or other file sharing pollution control, Carbon monoxide, (COMAR) which EPA has previously system). For additional submission approved into the Maryland SIP. The Incorporation by reference, methods, please contact the person Intergovernmental relations, Lead, purpose of the revisions is to identified in the FOR FURTHER Nitrogen dioxide, Ozone, Particulate incorporate amended state statutory INFORMATION CONTACT section. For the matter, Reporting and recordkeeping requirements 1 into the Maryland SIP. full EPA public comment policy, The revisions are related to MDE’s requirements, Sulfur oxides, Volatile information about CBI or multimedia organic compounds. administrative processes for permit submissions, and general guidance on issuance and denial. Specifically, the Dated: June 5, 2017. making effective comments, please visit revisions eliminate the ‘‘contested case’’ Deborah A. Szaro, https://www2.epa.gov/dockets/ process and the Office of Administrative Acting Regional Administrator, EPA New commenting-epa-dockets. Hearings’ (OAH) adjudicatory hearing England. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–13059 Filed 6–22–17; 8:45 am] David Talley, (215) 814–2117, or by 1 See S.B. 1065, Acts of 2009; H.B. 554 and H.B. BILLING CODE 6560–50–P email at [email protected]. 95, Acts of 2013.

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process for major permits, and 61, or Prevention of Significant approvable under CAA sections 173 and substitute direct judicial review. Deterioration (PSD) requirements at 40 110(a)(2)(A) and (C). In addition, Additionally, the revisions expand CFR part 52.21; (c) which, after control, because none of the revisions to standing for challenges to those major will discharge 25 tons per year or more COMAR 26.11.02 will affect emissions permits, and include additional public of a pollutant regulated under of pollutants from sources and are notice requirements for certain sources. Environment Article, Title 2, of the largely administrative in nature, EPA The Maryland statutory requirements Annotated Code of Maryland; and (d) of finds that none of the revisions to were incorporated into MDE’s lead which will discharge 5 or more COMAR 26.11.02 will interfere with implementing regulations under tons of elemental lead per year. See reasonable further progress, any COMAR 26.11.02 as described below, COMAR 26.11.02.11A(1,2). COMAR NAAQS, or any other applicable and submitted to EPA for approval into 26.11.02.11 was previously in the requirements in the CAA. Thus, EPA the Maryland SIP. Maryland SIP. The revisions made finds the submittal is approvable for II. Summary of SIP Revision and EPA include a minor change to the public section 110(l) of the CAA. Analysis participation processes for sources that III. Proposed Action trigger NSPS under 40 CFR part 60 but Maryland’s SIP revision includes do not trigger NSR requirements, EPA is proposing to approve MDE’s several amended administrative enhanced public notification provisions February 22, 2016 SIP submittal as a provisions under COMAR 26.11.02 which require MDE to notify elected revision to the Maryland SIP as the SIP (Permits, Approvals, and Registration). officials within a 1-mile radius of a submittal meets requirements in the Specifically, 26.11.02.07 (Procedures for source subject to the expanded public CAA under sections 110 and 173. EPA Denying, Revoking, or Reopening and participation requirements of permit is soliciting public comments on the Revising a Permit or Approval), proceedings, eliminated the contested issues discussed in this document. 26.11.02.11 (Procedures for Obtaining case process for significant permits, and These comments will be considered Permits to Construct Certain Significant instituted direct judicial review in before taking final action. Sources), and 26.11.02.12 (Procedures circuit court for parties wishing to IV. Incorporation by Reference for Obtaining Approvals of PSD Sources contest such permits. Additionally, and NSR Sources, Certain Permits to MDE also included a revised version of In this proposed rulemaking, EPA is Construct, and Case-by-Case MACT COMAR 26.11.02.12 which included proposing to include in a final EPA rule Determinations in Accordance with 40 minor revisions, clarifying that regulatory text that includes CFR part 63, subpart B) have been Regulation .12 only applies to NSR and incorporation by reference. In revised as follows. PSD permit approvals, case-by-case accordance with requirements of 1 CFR Under the currently approved SIP, 51.5, EPA is proposing to incorporate by COMAR 26.11.02.07, denials and approvals pursuant to 40 CFR part 63 for air toxic sources, and permits to reference the MDE rules regarding approvals of permits to construct, State permit issuance and denial as described operating permits, and State-only construct which are not subject to COMAR 26.11.02.11. in Section II of this preamble. EPA has enforceable portions of title V operating made, and will continue to make, these permits are considered ‘‘final actions’’ EPA’s review of MDE’s February 22, materials generally available through subject to judicial review if the 2016 SIP submittal finds it consistent https://www.regulations.gov and/or at permittee did not request a hearing with all applicable requirements of the the EPA Region III Office (please contact before the OAH and MDE pursuant to CAA and its implementing regulations. the person identified in the FOR FURTHER the ‘‘contested case process.’’ In MDE’s The COMAR public notice requirements INFORMATION CONTACT section of this February 22, 2016 SIP submittal, MDE meet or exceed the requirements of 40 preamble for more information). submitted for inclusion in the Maryland CFR 51.160 and 51.161. Additionally, SIP a revised version of COMAR the revisions are approvable under V. Statutory and Executive Order 26.11.02.07 which provides for a section 110 of the CAA (specifically Reviews separate process for denials of permits section 110(a)(2)(A) and (C) and section Under the CAA, the Administrator is to construct. Under the revised 173 for NSR programs). Under section required to approve a SIP submission 26.11.02.07, denials of permits to 110(a)(2)(C), the SIP must include a that complies with the provisions of the construct immediately constitute ‘‘final program to enforce the emission limits CAA and applicable federal regulations. determinations’’ which are subject to and control measures in a state’s SIP (as 42 U.S.C. 7410(k); 40 CFR 52.02(a). direct judicial review (without requiring required by section 110(a)(2)(A)) and Thus, in reviewing SIP submissions, permittees to seek review through the must also contain a program to regulate EPA’s role is to approve state choices, OAH), pursuant to the revised modification/construction of sources so provided that they meet the criteria of procedures for major permits in the that the NAAQS are achieved. Section the CAA. Accordingly, this action revised COMAR 26.11.02.11 described 173 requires the permits program for merely approves state law as meeting below. nonattainment NSR and requires states federal requirements and does not MDE’s February 22, 2016 SIP to have a SIP with a permit program that impose additional requirements beyond submittal also includes a number of ensures sources are required to comply those imposed by state law. For that revisions MDE made to COMAR with certain things like stringent reason, this proposed action: 26.11.02.11, which contains the emission limitations (i.e., lowest • Is not a ‘‘significant regulatory procedures for processing permits to achievable emission rates) and offsets. action’’ subject to review by the Office construct for ‘‘significant’’ sources. This While having a permits program in the of Management and Budget under section applies to modifications at SIP that addresses denial or revocation Executive Orders 12866 (58 FR 51735, sources: (a) For which a state operating of permits and addresses permit appeals October 4, 1993) and 13563 (76 FR 3821, permit is required; (b) which are subject does not address the required substance January 21, 2011); to new source performance standards of a NSR program, these provisions do • does not impose an information (NSPS) at 40 CFR part 60, national make the NSR program enforceable, and collection burden under the provisions emission standards for hazardous air therefore EPA finds the SIP submission of the Paperwork Reduction Act (44 pollutants (NESHAPS) at 40 CFR part and revisions to COMAR 26.11.02 U.S.C. 3501 et seq.);

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• is certified as not having a ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Mr. significant economic impact on a AGENCY Brian Storey, Sector Policies and substantial number of small entities Programs Division (D243–04), Office of under the Regulatory Flexibility Act (5 40 CFR Part 63 Air Quality Planning and Standards, U.S.C. 601 et seq.); [EPA–HQ–OAR–2016–0442; FRL–9964–13– U.S. Environmental Protection Agency, • does not contain any unfunded OAR] Research Triangle Park, North Carolina, 27711; telephone number: (919) 541– mandate or significantly or uniquely RIN 2060–AT57 1103; fax number: (919) 541–5450; and affect small governments, as described email address: [email protected]. in the Unfunded Mandates Reform Act National Emission Standards for of 1995 (Pub. L. 104–4); Hazardous Air Pollutants From the SUPPLEMENTARY INFORMATION: Portland Cement Manufacturing • does not have federalism Industry: Alternative Monitoring I. Why is the EPA issuing this proposed implications as specified in Executive Method rule? Order 13132 (64 FR 43255, August 10, 1999); AGENCY: Environmental Protection This document proposes to take action on amendments to the National • is not an economically significant Agency (EPA). Emission Standards for Hazardous regulatory action based on health or ACTION: Proposed rule. Pollutants From the Portland Cement safety risks subject to Executive Order SUMMARY: The Environmental Protection Manufacturing Industry. We have 13045 (62 FR 19885, April 23, 1997); Agency (EPA) is proposing to amend the published a direct final rule to amend • is not a significant regulatory action National Emission Standards for 40 CFR part 63, subpart LLL, by revising subject to Executive Order 13211 (66 FR Hazardous Air Pollutants From the the testing and monitoring requirements 28355, May 22, 2001); Portland Cement Manufacturing for HCl in the ‘‘Rules and Regulations’’ • is not subject to requirements of Industry. In the ‘‘Rules and section of this issue of the Federal Section 12(d) of the National Regulations’’ section of this issue of the Register because we view this as a Technology Transfer and Advancement Federal Register, we are publishing a noncontroversial action and anticipate direct final rule, without a prior Act of 1995 (15 U.S.C. 272 note) because no adverse comment. We have proposed rule, that temporarily revises explained our reasons for this action in application of those requirements would the testing and monitoring requirements the preamble to the direct final rule. be inconsistent with the CAA; and for hydrochloric acid (HCl) due to the If we receive no adverse comment, we • does not provide EPA with the current unavailability of HCl calibration will not take further action on this discretionary authority to address, as gases used for quality assurance proposed rule. If we receive adverse appropriate, disproportionate human purposes. If we receive no adverse comment on a distinct portion of the health or environmental effects, using comment, we will not take further direct final rule, we will withdraw that practicable and legally permissible action on this proposed rule. portion of the rule and it will not take methods, under Executive Order 12898 DATES: Written comments must be effect. In this instance, we would (59 FR 7629, February 16, 1994). received by July 3, 2017. address all public comments in any In addition, this proposed rule, ADDRESSES: Submit your comments, subsequent final rule based on this related to Maryland’s administrative identified by Docket ID No. EPA–HQ– proposed rule. processes for preconstruction OAR–2016–0442, at http:// If we receive adverse comment on a permitting, does not have tribal www.regulations.gov. Follow the online distinct provision of the direct final implications as specified by Executive instructions for submitting comments. rule, we will publish a timely Order 13175 (65 FR 67249, November 9, Once submitted, comments cannot be withdrawal in the Federal Register 2000), because the SIP is not approved edited or removed from Regulations.gov. indicating which provisions we are to apply in Indian country located in the The EPA may publish any comment withdrawing. The provisions that are received to its public docket. Do not state, and EPA notes that it will not not withdrawn will become effective on submit electronically any information impose substantial direct costs on tribal the date set out in the direct final rule, you consider to be Confidential governments or preempt tribal law. notwithstanding adverse comment on Business Information (CBI) or other any other provision. We do not intend List of Subjects in 40 CFR Part 52 information whose disclosure is to institute a second comment period on restricted by statute. Multimedia this action. Any parties interested in Environmental protection, Air submissions (audio, video, etc.) must be commenting must do so at this time. pollution control, Carbon monoxide, accompanied by a written comment. Incorporation by reference, The written comment is considered the The regulatory text for this proposal is Intergovernmental relations, Lead, official comment and should include identical to that for the direct final rule Nitrogen dioxide, Ozone, Particulate discussion of all points you wish to published in the ‘‘Rules and matter, Reporting and recordkeeping make. The EPA will generally not Regulations’’ section of this issue of the requirements, Sulfur oxides, Volatile consider comments or comment Federal Register. For further organic compounds. contents located outside of the primary supplementary information, the detailed submission (i.e., on the Web, cloud, or rationale for this proposal and the Authority: 42 U.S.C. 7401 et seq. other file sharing system). For regulatory revisions, see the direct final Dated: June 2, 2017. additional submission methods, the full rule published in the ‘‘Rules and Cecil Rodrigues, EPA public comment policy, Regulations’’ section of this issue of the Federal Register. Acting Regional Administrator, Region III. information about CBI or multimedia [FR Doc. 2017–13189 Filed 6–22–17; 8:45 am] submissions, and general guidance on II. Does this action apply to me? making effective comments, please visit BILLING CODE 6560–50–P http://www2.epa.gov/dockets/ Categories and entities potentially commenting-epa-dockets. regulated by this proposed rule include:

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Services Contractors and is therefore floor of the Board’s headquarters at 395 Category NAICS code 1 withdrawing the August 19, 2016 E Street SW., Washington, DC 20423. proposed rule amending the Agency for FOR FURTHER INFORMATION CONTACT: Portland cement manufacturing International Development Acquisition facilities ...... 327310 Regulation (AIDAR) to incorporate this Rachel D. Campbell (202) 245–0357; [email protected]. [Assistance 1 North American Industry Classification warrant program into the regulation. for the hearing impaired is available System. DATES: USAID is withdrawing the through the Federal Information Relay This table is not intended to be proposed rule published on August 19, Service (FIRS) at: (800) 877–8339]. exhaustive, but rather provides a guide 2016 (81 FR 55405) as of June 23, 2017. for readers regarding entities likely to be FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The RRTF regulated by this proposed rule. To Lyudmila Bond, Telephone: 202–567– was established to comply with the determine whether your facility is 4753 or Email: [email protected]. spirit of Exec. Order No. 13,777, 82 FR affected, you should examine the SUPPLEMENTARY INFORMATION: On August 12285 (Mar. 1, 2017), and to move applicability criteria in 40 CFR 63.1340. 19, 2016 USAID published a proposed forward ongoing agency regulatory and If you have any questions regarding the rule at 81 FR 55405 revising the Agency process review initiatives. The RRTF’s applicability of any aspect of this action for International Development mission is to identify rules and practices to a particular entity, consult either the Acquisition Regulation (AIDAR) to that are burdensome, unnecessary, or air permitting authority for the entity or incorporate USAID Cooperating Country outdated, and to recommend how they your EPA Regional representative as National Warrant Program into the should be addressed. On May 25, 2017, listed in 40 CFR 63.13. regulation. The warrant program was the RRFT submitted its first status III. Statutory and Executive Orders intended to address a shortage of U.S. report, which is available for viewing on direct-hire contracting officers by the Board’s Web site at https:// For a complete discussion of the delegating limited contracting officer www.stb.gov/stb/about/RRTF.html. As administrative requirements applicable authorities to a select number of detailed in that memo, the RRTF has to this action, see the direct final rule in Cooperating Country National Personal identified some initial actions to pursue. the ‘‘Rules and Regulations’’ section of Services Contractors. However, given the direct impact of the this issue of the Federal Register. The purpose of this rule withdrawal Board’s regulations upon its Dated: June 19, 2017. is to inform the public that USAID will stakeholders, the RRTF believes that E. Scott Pruitt, not be publishing a final rule to reviewing its regulations is best Administrator. implement this warrant program. conducted with input from its [FR Doc. 2017–13186 Filed 6–22–17; 8:45 am] Dated: June 6, 2017. stakeholders. BILLING CODE 6560–50–P Mark Walther, For that reason, the RRTF will hold a Acting Chief Acquisition Officer. listening session that will be open to the [FR Doc. 2017–13297 Filed 6–21–17; 4:15 pm] public. Members of the RRTF will be AGENCY FOR INTERNATIONAL present at the listening session, which BILLING CODE 6116–01–P DEVELOPMENT will be on the record with a transcript prepared. The RRTF will release the 48 CFR Parts 701 and 722 and transcript following the listening SURFACE TRANSPORTATION BOARD Appendix J session. Interested persons not able to RIN 0412–AA80 49 CFR Chapter X attend may provide written comments by July 25, 2017. Written comments Agency for International Development [Docket No. EP 738] should reference Docket No. EP 738, Acquisition Regulation (AIDAR): and should be addressed to: Regulatory Regulatory Reform Task Force Agency Warrant Program for Individual Reform Task Force, Surface Cooperating Country National AGENCY: Surface Transportation Board. Transportation Board, 395 E Street SW., Personal Services Contractors ACTION: Announcement of Regulatory Washington, DC 20423–0001. Submitted (CCNPSCs) Reform Task Force listening session. comments will become part of the AGENCY: U.S. Agency for International record. SUMMARY: Notice is hereby given of a Development. Decided: June 20, 2017. listening session for the Regulatory ACTION: Proposed rule; withdrawal. Reform Task Force (RRTF). By the Board, Rachel D. Campbell, Director, Office of Proceedings. SUMMARY: The U.S. Agency for DATES: The listening session will be International Development (USAID) has held on Tuesday, July 25, 2017, at 10 Brendetta S. Jones, decided not to implement the Agency a.m. E.D.T. Clearance Clerk. Warrant Program for individual ADDRESSES: The listening session will [FR Doc. 2017–13131 Filed 6–22–17; 8:45 am] Cooperating Country National Personal be held in the Hearing Room on the first BILLING CODE 4915–01–P

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Notices Federal Register Vol. 82, No. 120

Friday, June 23, 2017

This section of the FEDERAL REGISTER Whitten Bldg., 501–A, Washington, DC approximately 2:00 p.m. to 4:00 p.m. on contains documents other than rules or 20250; by Fax: (202) 720–1058; or by July 20, 2017. Individuals interested in proposed rules that are applicable to the email: [email protected]. making formal oral presentations should public. Notices of hearings and investigations, SUPPLEMENTARY INFORMATION: In also notify the CNAFR Contact Person committee meetings, agency decisions and and submit a brief statement of the rulings, delegations of authority, filing of accordance with the provisions of the petitions and applications and agency Federal Advisory Committee Act general nature of the issue they wish to statements of organization and functions are (FACA), as amended (5 U.S.C. App. 2), present and the names, tribal examples of documents appearing in this USDA established an advisory council affiliations, and addresses of proposed section. for Native American farmers and participants by July 14, 2017. All oral ranchers. The CNAFR is a discretionary presentations will be given three (3) to advisory committee established under five (5) minutes depending on the DEPARTMENT OF AGRICULTURE the authority of the Secretary of number of participants. Agriculture, in furtherance of the The OTR will also make the agenda Council for Native American Farming Keepseagle v. Vilsack settlement available to the public via the OTR Web and Ranching agreement that was granted final site (http://www.usda.gov/ AGENCY: Office of Tribal Relations, approval by the District Court for the tribalrelations) no later than 10 business USDA. District of Columbia on April 28, 2011. days before the meeting and at the meeting. The minutes from the meeting ACTION: Notice of public meeting. The CNAFR will operate under the provisions of the FACA and report to will be posted on the OTR Web site. SUMMARY: This notice announces a the Secretary of Agriculture. The OTR welcomes the attendance of the forthcoming meeting of The Council for purpose of the CNAFR is (1) to advise public at the CNAFR meetings and will Native American Farming and Ranching the Secretary of Agriculture on issues make every effort to accommodate (CNAFR), a public advisory committee related to the participation of Native persons with physical disabilities or of the Office of Tribal Relations (OTR). American farmers and ranchers in special needs. If you require special Notice of the meetings are provided in USDA programs; (2) to transmit accommodations due to a disability, accordance with section 10(a)(2) of the recommendations concerning any please contact Abby Cruz at least 10 Federal Advisory Committee Act, as changes to USDA regulations or internal business days in advance of the amended. This will be the second guidance or other measures that would meeting. meeting held during fiscal year 2017 eliminate barriers to program Dated: June 19, 2017. and will consist of, but not be limited participation for Native American Linda Cronin, to: Hearing public comments, update of farmers and ranchers; (3) to examine Acting Director, Office of Tribal Relations. USDA programs and activities, and methods of maximizing the number of [FR Doc. 2017–13169 Filed 6–22–17; 8:45 am] discussion of committee priorities. This new farming and ranching opportunities meeting will be open to the public. created by USDA programs through BILLING CODE 3410–01–P DATES: The meeting will be held on July enhanced extension and financial 20–21, 2017. The meeting will be open literacy services; (4) to examine DEPARTMENT OF AGRICULTURE to the public on both days with time set methods of encouraging aside for public comment on July 20 at intergovernmental cooperation to Submission for OMB Review; approximately 2:00–4:00 p.m. The OTR mitigate the effects of land tenure and Comment Request will make the agenda available to the probate issues on the delivery of USDA public via the OTR Web site (http:// programs; (5) to evaluate other methods June 20, 2017. www.usda.gov/tribalrelations) no later of creating new farming or ranching The Department of Agriculture has than 10 business days before the opportunities for Native American submitted the following information meeting and at the meeting. producers; and (6) to address other collection requirement(s) to OMB for ADDRESSES: The meeting will be held in related issues as deemed appropriate. review and clearance under the Carnall Hall’s ‘‘The Classroom’’ at the The Secretary of Agriculture selected Paperwork Reduction Act of 1995, University of Arkansas, 465 N. Arkansas a diverse group of members representing Public Law 104–13. Comments are Ave., Fayetteville, AR 72701. Written a broad spectrum of persons interested requested regarding (1) whether the comments may be submitted to the in providing solutions to the challenges collection of information is necessary CNAFR Contact Person: Abby Cruz, of the aforementioned purposes. Equal for the proper performance of the Designated Federal Officer and Senior opportunity practices were considered functions of the agency, including Policy Advisor for the Office of Tribal in all appointments to the CNAFR in whether the information will have Relations, 1400 Independence Ave. SW., accordance with USDA policies. The practical utility; (2) the accuracy of the Whitten Bldg., 501–A, Washington, DC Secretary selected the members in agency’s estimate of burden including 20250; by Fax: (202) 720–1058; or by December 2016. the validity of the methodology and email: [email protected]. Interested persons may present views, assumptions used; (3) ways to enhance FOR FURTHER INFORMATION CONTACT: orally or in writing, on issues relating to the quality, utility and clarity of the Questions should be directed to the agenda topics before the CNAFR. information to be collected; and (4) CNAFR Contact Person: Abby Cruz, Written submissions may be submitted ways to minimize the burden of the Designated Federal Officer and Senior to the CNAFR Contact Person on or collection of information on those who Policy Advisor for the Office of Tribal before July 14, 2017. Oral presentations are to respond, including through the Relations, 1400 Independence Ave. SW., from the public will be heard use of appropriate automated,

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electronic, mechanical, or other information could cause a severe DEPARTMENT OF AGRICULTURE technological collection techniques or economic loss to the citrus industry. other forms of information technology. Description of Respondents: Natural Resources Conservation Comments regarding this information Businesses or other for-profit. Service Number of Respondents: 400. collection received by July 24, 2017 will [Docket No. NRCS–2017–0001] be considered. Written comments Frequency of Responses: Reporting: should be addressed to: Desk Officer for On occasion. Notice of Proposed Changes to the Agriculture, Office of Information and Total Burden Hours: 2,742. National Handbook of Conservation Regulatory Affairs, Office of Animal and Plant Health Inspection Practices for the Natural Resources Management and Budget (OMB), New Service Conservation Service Executive Office Building, 725 17th Street NW., Washington, DC 20502. Title: Importation of Potatoes from AGENCY: Natural Resources Commenters are encouraged to submit Mexico. Conservation Service (NRCS), U.S. their comments to OMB via email to: OMB Control Number: 0579–0413. Department of Agriculture (USDA). Summary of Collection: Under the [email protected] or ACTION: Notice of availability of fax (202) 395–5806 and to Departmental Plant Protection Act (7 U.S.C. 7701, et proposed changes to the National Clearance Office, USDA, OCIO, Mail seq.), the Secretary of Agriculture is Handbook of Conservation Practices for Stop 7602, Washington, DC 20250– authorized to prohibit or restrict the public review and comment. 7602. Copies of the submission(s) may importation, entry, or movement of be obtained by calling (202) 720–8958. plants, and plant pests to prevent the SUMMARY: Notice is hereby given of the introduction of plant pests into the An agency may not conduct or intention of NRCS to issue a series of United States or their dissemination sponsor a collection of information revised conservation practice standards within the United States. The unless the collection of information in the National Handbook of regulations in ‘‘Subpart-Fruit and displays a currently valid OMB control Conservation Practices. These standards Vegetables’’ (7 CFR 319.56, referred to number and the agency informs include: Anaerobic Digester (Code 366), as the regulations) prohibit or restrict potential persons who are to respond to Contour Farming (Code 330), Crosswind the importation of fruits and vegetables the collection of information that such Ridges (Code 588), Dam (Code 402), into the United States from certain parts persons are not required to respond to Mulching (Code 484), Pond Sealing or of the world to prevent the introduction the collection of information unless it Lining—Geomembrane or Geosynthetic and dissemination of plant pests that are displays a currently valid OMB control Clay Liner (Code 521), Stream Crossing new to or not widely distributed within number. (Code 578), Strip-Cropping (Code 585), the United States. APHIS regulations Structure for Water Control (Code 587), Animal and Plant Health Inspection concerning the importation of fruits and Water and Sediment Control Basin Service vegetables allow the importation of (Code 638), Waste Recycling (Code 633), Title: Citrus Canker; Interstate fresh potatoes (Solanum tuberosum L.) Waste Treatment Lagoon (Code 359). Movement of Regulated Nursery Stock from Mexico into the United States. As NRCS State Conservationists who and Fruit from Quarantined Areas. a condition of entry, the potatoes have choose to adopt these practices for use to be produced in accordance with a OMB Control Number: 0579–0317. within their States will incorporate systems approach employing a Summary of Collection: Under the them into section IV of their respective combination of mitigation measures. Plant Protection Act (7 U.S.C. 7701, et electronic Field Office Technical Guide. Need and Use of the Information: seq.), the Secretary of Agriculture, either These practices may be used in APHIS will use the following independently or in cooperation with conservation systems that treat highly information collection activities to the Sates, is authorized to carry out erodible land (HEL) or on land allow the importation of potatoes from operations or measures to detect, determined to be a wetland. Section 343 Mexico while continuing to protect eradicate, suppress, control, prevent, or of the Federal Agriculture Improvement against the introduction of plant pests retard the spread of plant pests (such as and Reform Act of 1996 requires NRCS into the United States: (1) Bilateral citrus canker) new to or widely to make available for public review and workplan, (2) grower registration distributed throughout the United comment all proposed revisions to certification, (3) packinghouse States. The Animal and Plant Health conservation practice standards used to registration, (4) inspection and Inspection Service (APHIS) has carry out HEL and wetland provisions of agricultural seal, (5) foreign regulations in place to prevent the the law. phytosanitary certificate, and (6) interstate spread of citrus canker. These DATES: Effective Date: This is effective surveys. Failure to collect this regulations, contained in 7 CFR 301.75, June 23, 2017. information would cripple APHIS’ restrict the interstate movement of Comment Date: Submit comments on ability to ensure that potatoes from regulated articles from and through or before July 24, 2017. Final versions Mexico are not carrying plant pests. areas quarantined because of citrus of these new or revised conservation Description of Respondents: practice standards will be adopted after canker. APHIS’ citrus canker quarantine Businesses or other for-profit; Foreign regulations prohibit the interstate the close of the 30-day period and after Federal Government. consideration of all comments. movement of regulated nursery stock Number of Respondents: 19. from a quarantined area. The interstate Frequency of Responses: Reporting: ADDRESSES: Comments should be movement of nursery stock from an area On occasion. submitted, identified by Docket Number quarantined for citrus canker poses an Total Burden Hours: 236. NRCS–2017–0001, using any of the extremely high risk of spreading citrus following methods: canker outside the quarantined area. Ruth Brown, • Federal eRulemaking Portal: http:// Need and Use of the Information: Departmental Information Collection www.regulations.gov. Follow the APHIS will collect information through Clearance Officer. instructions for submitting comments. compliance agreements and limited [FR Doc. 2017–13114 Filed 6–22–17; 8:45 am] • Mail or hand-delivery: Public permits. Failure to collect this BILLING CODE 3410–34–P Comments Processing, Attention:

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Regulatory and Agency Policy Team, contour to alter the velocity or the drainage of not less than 0.2 percent on Strategic Planning and Accountability, direction of water flow.’’ Added the slopes where ponding is a concern. This Natural Resources Conservation Service, resource concern linked to each would include sites with soils with slow 5601 Sunnyside Avenue, Building 1– purpose. Under ‘‘general criteria’’ made to very slow infiltration rates (soil 1112D, Beltsville, Maryland 20705. changes to the wording on minimum hydrologic groups C or D), or where NRCS will post all comments on and maximum row grades and lowered crops are sensitive to ponded water.’’ In http://www.regulations.gov. In general, the allowable deviation of row grade ‘‘references,’’ updated the Wind Erosion personal information provided with within 50 feet of a stable outlet. Prediction System, and added a comments will be posted. If your Changed requirements under ‘‘plans and reference for the Water Erosion comment includes your address, specifications.’’ Prediction Project. telephone number, email, or other Crosswind Ridges (Code 588)—The Structure for Water Control (Code personal identifying information (PII), crosswind ridges standard was reviewed 587)—The agency updated criteria and your comments, including PII, may be and updated to reflect current agency added references. Other changes available to the public. You may ask in policy and science. Each ‘‘purpose’’ has improved the clarity of language used in your comment that your PII be withheld the resource concern linked. Minor the standard. from public view, but this cannot be word edits were made to clarify criteria. Water and Sediment Control Basin guaranteed. In ‘‘references,’’ updated the Wind (Code 638)—Revised language as Erosion Prediction System reference. FOR FURTHER INFORMATION CONTACT: Bill needed to improve readability and Dam (Code 402)—The agency updated clarify intent of criteria. Topsoil criteria Reck, National Environmental Engineer, criteria and added references. Other Conservation Engineering Division, U.S. and the auxiliary spillway portion of the changes improved the clarity of outlet criteria were moved to the Department of Agriculture, Natural language used in the standard. Resources Conservation Service, 1400 considerations section since these are Mulching (Code 484)—The mulching not always required. Added criteria for Independence Avenue Southwest, standard was reviewed and updated to South Building, Room 6136, embankment foundation preparation. reflect current agency policy and Waste Recycling (Code 633)— Washington, DC 20250. science. The ‘‘definition’’ was changed Language changes were made in the Electronic copies of the proposed with the reference to ‘‘materials definition, conditions where practice revised standards are available through produced offsite’’ removed. Each applies and criteria to clarify the http://www.regulations.gov by accessing ‘‘purpose’’ has the resource concern purpose of the standard and how it is to Docket No. NRCS–2017–0001. linked. Under ‘‘general criteria be used. Alternatively, copies can be applicable to all purposes,’’ a paragraph Waste Treatment Lagoon (Code 359)— downloaded or printed from the was added to remove synthetic mulches The document has been revised following Web site: http://go.usa.gov/ and to not incorporate them into the extensively. Those revisions include TXye. Requests for paper versions or soil. The percentage of ground cover to modifications to align the structural inquiries may be directed to Emil reduce potential evaporation was Horvath, National Practice Standards increased and two new references were design requirements to align with Review Coordinator, Natural Resources added. changes to the Waste Storage Structure Conservation Service, Central National Pond Sealing or Lining— Standard. These changes include Technology Support Center, 501 West Geomembrane or Geosynthetic Clay changes in accepted concrete and timber Felix Street, Fort Worth, Texas 76115. Liner (Code 521)—Title changed from design criteria, modification of language SUPPLEMENTARY INFORMATION: The ‘‘Pond Sealing or Lining—Flexible for storage requirements to improve amount of the proposed changes varies Membrane’’ to ‘‘Pond Sealing or clarity, modify language to conform to considerably for each of the Lining—Geomembrane or Geosynthetic the Plain Language Act, improvements conservation practice standards Clay Liner’’ to better reflect the current to the safety criteria, changing the addressed in this notice. To fully industrial standard nomenclature. requirement of a staff gauge from understand the proposed changes, Practice Standard Code changed from optional to required, and improvements individuals are encouraged to compare 521A to 521. Units changed from to the ‘‘Plans and Specifications,’’ and these changes with each standard’s ‘‘Number’’ to ‘‘Square Feet’’ to better ‘‘Operation and Maintenance’’ sections current version as shown at http:// represents the quantity of the practice of the standard. Other changes have www.nrcs.usda.gov/wps/portal/nrcs/ installed. HDPE liner thickness changed been made to improve the clarity of the detailfull/national/technical/cp/ncps/ from 40 mil to 60 mil. language used in the standard. ?cid=nrcs143_026849. To aid in this Stream Crossing (Code 578)—The Signed this 24th day of May, 2017, in comparison, following are highlights of purpose of this standard has been Washington, DC. some of the proposed revisions to each modified to only address resource Leonard Jordan, standard: concerns. Criteria listed as Acting Chief, Natural Resources Conservation Anaerobic Digester (Code 366)— considerations was moved to the Service. Revised language as needed to improve appropriate criteria section. Language [FR Doc. 2017–13179 Filed 6–22–17; 8:45 am] readability and clarify intent in criteria. has been simplified to better coordinate BILLING CODE 3410–16–P ‘‘Conditions Where Practice Applies’’ CPS 578 with other conservation section was updated and two items were practices, policy, and procedures by removed. Provided additional cross-referencing, instead of reiteration. COMMISSION ON CIVIL RIGHTS information on the use of open and Strip-Cropping (Code 585)—The strip- closed flares. Updated the safety cropping standard was reviewed and Notice of Public Meetings of the section. updated to reflect current agency policy Kansas Advisory Committee To Contour Farming (Code 330)—The and science. Each ‘‘purpose’’ has the Discuss Next Steps in the Committee’s contour farming definition was changed resource concern linked. Minor word Study of Civil Rights and School to read ‘‘Aligning ridges, furrows, and edits were made to clarify criteria. Funding in Kansas roughness formed by tillage, planting Under ‘‘general criteria,’’ added ‘‘Design and other operations at a grade near the the row grades with positive row AGENCY: Commission on Civil Rights.

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ACTION: Announcement of meeting. 60615. They may also be faxed to the Meeting Agenda Commission at (312) 353–8324, or I. Approval of Agenda SUMMARY: Notice is hereby given, emailed to Corrine Sanders at csanders@ pursuant to the provisions of the rules II. Program Planning usccr.gov. Persons who desire • Vote on November 13th as and regulations of the U.S. Commission additional information may contact the on Civil Rights (Commission) and the Commission Business Meeting Regional Programs Unit at (312) 353– • Vote on 2017 Statutory Enforcement Federal Advisory Committee Act that 8311. Report ‘‘Targeted Fines and Fees the Kansas Advisory Committee Records generated from this meeting against Low-Income Communities (Committee) will hold meetings on may be inspected and reproduced at the of Color: Civil Rights and Friday, July 28, 2017, and Thursday Regional Programs Unit Office, as they Constitutional Implications.’’ September 7, 2017 at 3 p.m. Central become available, both before and after V. Adjourn Meeting. time. The Committee will begin the meeting. Records of the meeting will Dated: June 20, 2017, discussion and preparations to hold a be available via www.facadatabase.gov Brian Walch, public hearing as part of their current under the Commission on Civil Rights, study on civil rights and school funding Kansas Advisory Committee link (http:// Director of Communications and Public Engagement. in the state. www.facadatabase.gov/committee/ DATES: These meetings will take place meetings.aspx?cid=249). Click on [FR Doc. 2017–13244 Filed 6–21–17; 11:15 am] on Friday, July 28, 2017, and Thursday, ‘‘meeting details’’ and then BILLING CODE 6335–01–P September 7, 2017, at 3 p.m. Central ‘‘documents’’ to download. Persons time. interested in the work of this Committee DEPARTMENT OF COMMERCE Public Call Information are directed to the Commission’s Web • site, http://www.usccr.gov, or may Friday July 28, 2017: Dial: 800–967– contact the Regional Programs Unit at National Telecommunications and 7185, Conference ID: 3532368 the above email or street address. Information Administration • Thursday September 7, 2017: Dial: 877–718–5106, Conference ID: Agenda First Responder Network Authority 7020808 Welcome and Roll Call [Docket Number: 131219999–7305–03] FOR FURTHER INFORMATION CONTACT: Civil Rights in Kansas: School funding RIN 0660–XC009 Melissa Wojnaroski, DFO, at Future Plans and Actions [email protected] or (312) 353– Public Comment Revised National Environmental Policy 8311. Adjournment Act Procedures and Categorical SUPPLEMENTARY INFORMATION: Members Dated: June 19, 2017. Exclusions of the public can listen to these David Mussatt, AGENCY: First Responder Network discussions. These meetings are Supervisory Chief, Regional Programs Unit. available to the public through the Authority, National [FR Doc. 2017–13113 Filed 6–22–17; 8:45 am] above call in numbers. Any interested Telecommunications and Information member of the public may call this BILLING CODE P Administration, U.S. Department of number and listen to the meeting. An Commerce. ACTION: Notice of availability; request open comment period will be provided COMMISSION ON CIVIL RIGHTS to allow members of the public to make for comments. a statement as time allows. The Sunshine Act Meeting Notice SUMMARY: The First Responder Network conference call operator will ask callers Authority (FirstNet) publishes this to identify themselves, the organization AGENCY: United States Commission on Civil Rights. notice to request comments on proposed they are affiliated with (if any), and an revisions to its procedures for ACTION: email address prior to placing callers Notice of Commission implementing the National into the conference room. Callers can Telephonic Business Meeting. Environmental Policy Act (NEPA), expect to incur regular charges for calls categorical exclusions, and related DATES: they initiate over wireless lines, Thursday, June 29, 2017, at 12:00 extraordinary circumstances. Pursuant according to their wireless plan. The p.m. EST. to Council on Environmental Quality Commission will not refund any ADDRESSES: Meeting to take place by (CEQ) regulations, FirstNet is soliciting incurred charges. Callers will incur no telephone. comments on its proposed revisions to charge for calls they initiate over land- FOR FURTHER INFORMATION CONTACT: its NEPA implementing procedures line connections to the toll-free from members of the interested public. telephone number. Persons with hearing Brian Walch, (202) 376–8371, [email protected]. Additionally, in this notice, FirstNet is impairments may also follow the providing a synopsis of the proposed proceedings by first calling the Federal SUPPLEMENTARY INFORMATION: This business meeting is open to the public changes to its NEPA implementing Relay Service at 1–800–977–8339 and procedures and categorical exclusions to providing the Service with the by telephone only. Participant Access Instructions: Dial in 5–10 minutes prior assist the public in reviewing those conference call number and conference changes. ID number. to the start time using the phone Members of the public are also number and Conference Passcode DATES: Comments due on or before July entitled to submit written comments; below. 24, 2017. the comments must be received in the Listen Only, Toll Free: 1 (888) 318– ADDRESSES: The public is invited to regional office within 30 days following 7469; Conference ID: 897–2138. submit written comments to FirstNet’s the meeting. Written comments may be Persons with hearing impairments: proposed revisions to its NEPA mailed to the Regional Programs Unit, Please contact the above about how to implementing procedures, categorical U.S. Commission on Civil Rights, 55 W. access the Federal Relay Service for the exclusions, and related extraordinary Monroe St., Suite 410, Chicago, IL meeting. circumstances. Written comments may

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be submitted electronically through guidance that assists agencies in emergency medical service www.regulations.gov or by mail to Eli fulfilling their responsibilities under professionals, and other public safety Veenendaal, First Responder Network NEPA. The requirements for personnel to effectively communicate Authority, National establishing NEPA procedures are set with each other across agencies and Telecommunications and Information forth at 40 CFR 1505.1 and 1507.3. jurisdictions. Consequently, because of Administration, U.S. Department of Further, NEPA and the CEQ the critical nature of this network, the Commerce, 3122 Sterling Circle, Suite implementing regulations provide for Act requires FirstNet to, among other 100 Boulder, CO 80301. FirstNet may environmental review of a proposed things, seek opportunities to speed the not consider comments if they are sent government action in the form of a deployment of the network.3 by any other method, to any other Categorical Exclusion (CE), To help facilitate FirstNet’s mission, address or individual, or received after Environmental Assessment (EA), or the Act requires the Federal the comment period ends. Comments Environmental Impact Statement (EIS). Communications Commission (‘‘FCC’’) received in response to this docket will A CE is ‘‘a category of actions which do to reallocate and grant a license to be made a part of the public record and not individually or cumulatively have a FirstNet for the use of the 700MHz D be posted to www.regulations.gov significant effect on the human block spectrum and existing public without change. Comments should be environment,’’ and does not require safety broadband spectrum.4 As a result, machine-readable and should not be further NEPA review in the form of FirstNet is in the unique position of copy-protected. All personally either an EA or EIS. See 40 CFR 1508.4; being the only entity that is both an identifiable information (e.g., name, CEQ, ‘‘Final Guidance for Federal independent federal authority and a address) voluntarily submitted by the Departments and Agencies on FCC licensee. Accordingly, FirstNet commenter may be publicly accessible. Establishing, Applying, and Revising must comply with potentially Do not submit confidential business Categorical Exclusions Under the duplicative regulations, such as those information or otherwise sensitive or National Environmental Policy Act’’ (75 imposed under NEPA and the CEQ protected information. FirstNet will FR 75628; December 6, 2010). A CE does regulations and by FCC regulations. make this notice and the draft Revised not exempt an action from NEPA Consequently, it was determined that FirstNet NEPA Implementing review; rather, it is one form of aligning the FirstNet and FCC NEPA Procedures, Categorical Exclusions, and environmental review under NEPA. See processes was necessary in order to supporting administrative record 75 FR 75631. A CE may be applied to avoid duplicating analysis and available for public inspection at a proposed action after an agency has documentation resulting in additional www.firstnet.gov. reviewed and determined that the action costs or delays in network deployment, fits within the category of actions which could severely impact FirstNet’s FOR FURTHER INFORMATION CONTACT: Eli encompassed by the CE. See 40 CFR Veenendaal, First Responder Network ability to complete its statutory mission 1508.4. In making this determination, and ensure the establishment of a Authority, National the decision maker must also consider Telecommunications and Information network for public safety. whether extraordinary circumstances On April 28, 2014, FirstNet, as a Administration, U.S. Department of apply, which would lead to a normally newly created federal entity, published Commerce, 3122 Sterling Circle, Suite categorically excluded action to have a notice in the Federal Register 100 Boulder, CO 80301 or the potential for significant impacts. finalizing its original NEPA [email protected]. Thus, a CE does not eliminate implementing procedures.5 These NEPA SUPPLEMENTARY INFORMATION: environmental review of a proposed implementing procedures provide the National Environmental Policy Act action, but reduces paperwork and framework for FirstNet’s establishment delay and allows an agency to of a NEPA compliance program and The National Environmental Policy efficiently focus its resources on Act (NEPA) (42 U.S.C. 4321 et seq.) applying the appropriate level of NEPA proposed actions with the potential for review for major federal actions related requires federal agencies to undertake significant environmental effects. an assessment of the environmental to the deployment of the NPSBN. More effects of their proposed actions prior to FirstNet NEPA Implementing specifically, FirstNet’s NEPA making a final decision and Procedures implementing procedures supplement implementing the action. NEPA The Middle Class Tax Relief and Job CEQ regulations and provide guidance requirements apply to major federal Creation Act of 2012 (Pub. L. 112–96, to FirstNet employees and potential actions that may significantly affect the Title VI, 126 Stat. 156 (codified at 47 Applicants regarding the procedural quality of the human environment.1 U.S.C. 1401 et seq.)) (the ‘‘Act’’) requirements for the application of NEPA also established the Council on established the First Responder Network NEPA. Environmental Quality (CEQ), which Authority (‘‘FirstNet’’) as an Proposed Changes to NEPA issued regulations implementing the independent authority within the Implementing Procedures procedural provisions of NEPA (see 40 National Telecommunications and As it has continued to mature as an CFR part 1500 et. seq.). Among other Information Administration (‘‘NTIA’’). organization, FirstNet, as mentioned considerations, CEQ regulations at 40 FirstNet’s statutory mission is to take all above, has identified the need to modify CFR 1507.3 require federal agencies to actions necessary to ensure the its NEPA implementing procedures, (1) adopt their own implementing establishment of a nationwide public CEs, and related extraordinary procedures to supplement CEQ’s safety broadband network (‘‘NPSBN’’).2 regulations, and (2) consult with CEQ Moreover, the Act meets a long-standing 3 See, e.g., 47 U.S.C. 1426 (b)(3). during development of these and critical national infrastructure need 4 47 U.S.C. 1421(a) (consistent with this provision supplemental procedures prior to to create a single, nationwide FCC granted a license to FirstNet for the use of the publication in the Federal Register. interoperable network that will, for the 700 MHz D block spectrum under Call Sign Agency-specific NEPA implementing first time, allow public safety entities WQQE234 on November 15, 2012). 5 FirstNet National Environmental Policy Act procedures are intended to provide such as police officers, fire fighters, Implementing Procedures and Categorical Exclusions, 79 FR 23950 (April 29, 2014) 1 See 42 U.S.C. 4332. 2 47 U.S.C. 1426(b). (hereinafter ‘‘NEPA Procedures’’).

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circumstances to ensure that such policy; and (5) corrections to any minor if the preparation of an EA or EIS is procedures better align with FirstNet’s clerical errors. required. statutory mission and activities related Definitions (d) Extraordinary circumstances that, to the deployment of the NPSBN, as if present, may result in a potentially well as better assist FirstNet in FirstNet proposes moving the significant environmental effect are complying with NEPA and FCC ‘‘Definition’’ section from Appendix B listed in Appendix C. regulations. More specifically, FirstNet, to the body of the policy and adding (e) The list of approved FirstNet CEs as both an independent federal references to applicable definitions from is subject to continual review and can authority and a licensee of the FCC, the FCC regulations. FirstNet is also be modified by amending/revising this must satisfy its own NEPA requirements seeking to modify the term ‘‘Applicant’’ policy, in consultation with CEQ. as well as comply with FCC- to mean ‘‘any person, entity, or Federal, promulgated NEPA procedures. Under state, tribal, or territorial government (f) The use of a CE does not relieve CEQ regulations, federal agencies with body that seeks to take an action related FirstNet or an Applicant of obligations overlapping NEPA requirements related to the NPSBN or an action that is to comply with other statutes or to the same project are encouraged to otherwise under the direct control and required consultations, such as under streamline their NEPA implementing responsibility of FirstNet, including, but the Endangered Species Act of 1973 (16 procedures to avoid duplicative NEPA not limited to, actions that occur under U.S.C. 1531 et seq.) or the National review.6 Accordingly, FirstNet is any type of agreement related to the use Historic Preservation Act of 1966 (16 proposing to modify its NEPA of the spectrum licensed to FirstNet U.S.C. 470 et seq.).’’ procedures and CEs to better align with under station license call sign General Requirements for FCC procedures in order to avoid WQQE234, or actions requiring the Environmental Assessments duplicative NEPA reviews that would approval of or funding provided by otherwise likely result in unnecessary FirstNet.’’ FirstNet is seeking to amend the costs to and delays in the deployment requirements for determining the General Requirements for Categorical of the NPSBN. necessity of preparing an EA. Primary Exclusions Generally, FirstNet’s proposed changes include adding criteria to revisions include: (1) Updates to the FirstNet is seeking to amend the account for existing FCC environmental process for determining and process for applying and documenting regulatory requirements, removing documenting categorically excluded CEs by removing and replacing all of the overlapping or redundant language, and activities; (2) the addition of criteria that section entitled ‘‘General Requirements adding criteria for conducting tiered may trigger the need for the for Categorical Exclusions’’ with the environmental reviews. Accordingly, development of an EA; (3) modifications following language: FirstNet proposes removing and necessary to account for FirstNet’s ‘‘CEs are categories of actions that replacing all of the section entitled changes in organizational structure and FirstNet has found, based on past ‘‘General Requirements for internal policies and procedures; (4) experience with similar actions, do not Environmental Assessments’’ with the modifications to the definition and role individually or cumulatively have following language: of an Applicant in the environmental significant environmental impacts and ‘‘FirstNet or an Applicant shall review process; and (5) the normally do not require any further prepare an EA, as defined in 40 CFR establishment of two new CEs and NEPA review. FirstNet actions, 1508.9, for a proposed action that updates to its extraordinary including those of Applicants, that fit FirstNet determines may have circumstances. A synopsis of proposed the description of actions in Appendix significant environmental impacts. changes is listed below and a full B, Categorical Exclusions, and where no Actions normally requiring an EA version of the revised implementing extraordinary circumstances exist, are include those: procedures and administrative record categorically excluded from further (a) That fall within the scope of supporting the establishment of two environmental review. The approved actions described in 47 CFR 1.1307(a); new CEs is available at list of FirstNet actions that normally (b) Where a particular facility, www.firstnet.gov. qualify for a CE are only those listed in operation, or transmitter would cause Appendix B, Categorical Exclusions. A Synopsis of Proposed Changes to human exposure to levels of CE may be applied to a proposed action Implementing Procedures radiofrequency radiation in excess of in accordance with the following applicable health and safety guidelines Administrative requirements: found in 47 CFR 1.1307(b); FirstNet is seeking to modify its (a) FirstNet shall not be required to, (c) That involve the construction or implementing procedures to reflect but may at its discretion, document its modification of certain antenna organizational changes that have determination that a CE applies to a structures over 450 feet in height that occurred since the publishing of its proposed action. are subject to the FCC’s antenna existing procedures. Primary changes (b) Documentation prepared by an structure registration rules in 47 CFR include: (1) Renaming the General Applicant to demonstrate that an action part 17; Manager to Chief Executive Officer qualifies for a CE shall be provided for (CEO); (2) clarifying the roles of the FirstNet’s independent review and (d) That have an adverse effect on a Director of Environmental Compliance evaluation. historic property so as to require an EA and/or NEPA Coordinator, the Office of (c) Any action that normally would be under 47 CFR 1.1307(a)(4); and Chief Counsel, and an Applicant; (3) classified as a CE but would involve any (e) That meet categorical exclusion updating the procedures from a of the extraordinary circumstances criteria, but for which extraordinary Directive to a Policy; (4) the addition, identified in Appendix C shall require circumstances are present, requiring removal, and updates to legal FirstNet, in cooperation with the further environmental analysis and authorities used or cited throughout the Applicant, to conduct and document the potentially the preparation of an EA to appropriate environmental analysis to determine if there are significant 6 See generally 40 CFR 1507.3. determine if the action warrants a CE or impacts associated with the action.’’

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Environmental Assessment the issues specific to the statement habitats, as determined by the Secretary Development Process subsequently prepared.’’ of the Interior pursuant to the Endangered Species Act of 1973 (16 FirstNet is proposing to move Environmental Justice portions of the section ‘‘General U.S.C. 1531). FirstNet is proposing to remove Requirements for Environmental 4. Facilities that may affect prehistoric extraneous and duplicative language Assessments’’ to a new section entitled, or historic districts, sites, buildings, from the body of the implementing ‘‘Environmental Assessment structures, or objects that are significant procedures as this language is already Development Process.’’ Primary changes in American history, architecture, cited in E.O. 12898, ‘‘Federal Actions to include removing overlapping or archeology, engineering, or culture and Address Environmental Justice in redundant language, and adding criteria that are listed, or are eligible for listing, Minority Populations and Low-Income for conducting tiered environmental in the National Register of Historic Populations’’ which is referenced in this reviews. Accordingly, FirstNet proposes Places (See 16 U.S.C. 470w(5); Parts 60 section. removing the section entitled through 800 of Title 36 of the Code of Federal Regulations [36 CFR parts 60 ‘‘Environmental Assessment Environmental Determinations and 7 Development Process’’ to include the Final Decisions and 800]). However, these following language: requirements do not apply to: FirstNet is seeking to amend the a. The mounting of antennas 8 ‘‘FirstNet or an Applicant shall section entitled ‘‘Environmental (including associated equipment such as develop an EA in accordance with the Determinations and Final Decisions’’ wiring, cabling, cabinets, or backup- following process and requirements. related to CEs by removing language power) on existing utility structures (a) The FirstNet CEO or delegate can that conflicts with the proposed changes decide to prepare an EA as a planning (including utility poles and electric to the application of CEs. Accordingly, transmission towers in active use by a tool to inform decision makers of the FirstNet proposes removing and environmental impacts of a proposed ’’utility’’ as defined in Section 224 of replacing the existing language with the the Communications Act of 1934, 47 action. following: (b) FirstNet or an Applicant, in U.S.C. 224, but not including light ‘‘(a) Categorical Exclusion (CE) poles, lamp posts, and other structures preparing an EA, shall ensure, at 1. FirstNet or Applicant actions that minimum, the contents of the EA: (1) whose primary purpose is to provide fall within a CE and where no public lighting) where the deployment comply with the requirements of 40 CFR extraordinary circumstances exist do 1508.9; (2) include the information meets the following conditions: not require any further NEPA review. i. All antennas that are part of the specified in 47 CFR 1.1311; (3) explain 2. If a proposed action is determined deployment fit within enclosures (or if the environmental consequences of the to fall within a CE, FirstNet shall not be the antennas are exposed, within proposed action; and (4) set forth required to, but may at its discretion, imaginary enclosures) that are sufficient analysis for FirstNet to document its determination that a CE individually no more than three (3) determine the potential impacts applies to a proposed action, unless cubic feet in volume, and all antennas associated with the proposed action. extraordinary circumstances exist.’’ (c) If FirstNet determines, based on an on the structure, including any pre- independent review, that the proposed Extraordinary Circumstances existing antennas on the structure, fit within enclosures (or if the antennas are action will not have a significant FirstNet proposes to remove and impact, FirstNet may issue a FONSI as exposed, within imaginary enclosures) replace its existing list of extraordinary that total no more than six (6) cubic feet described in 40 CFR 1508.13. circumstances with the criteria (d) If, after review of the EA, FirstNet in volume; established by the FCC regulations that ii. All other wireless equipment determines that the proposed action require the development of an EA. associated with the structure, including may have a significant environmental Accordingly, the current list of pre-existing enclosures and including impact, FirstNet, in coordination with extraordinary circumstances will be equipment on the ground associated the Applicant, may amend the action removed and replaced with the with antennas on the structure, are described in the EA to avoid, minimize, following: cumulatively no more than 17 cubic feet or mitigate the potential environmental ‘‘The following extraordinary in volume, exclusive of: impacts. circumstances or First Responder (e) If actions cannot be taken to avoid, Network Authority (FirstNet) actions 7 To ascertain whether a proposed action may minimize, or mitigate the potential with respect to the following types of affect properties that are listed, or are eligible for environmental impacts and FirstNet facilities may significantly affect the listing, in the National Register of Historic Places, determines that the proposed action will environment and may require further an Applicant shall follow the procedures set forth have a significant environmental in the rules of the Advisory Council on Historic environmental review and the Preservation, 36 CFR part 800, as modified and impact, FirstNet, in coordination with preparation of an Environmental supplemented by the Nationwide Programmatic the Applicant, shall proceed with the Assessment (EA): Agreement for the Collocation of Wireless Antennas preparation of an EIS. 1. Facilities that are to be located in (See 47 CFR Appendix B Part 1) and the (f) Rather than preparing a single EA Nationwide Programmatic Agreement Regarding the an officially designated wilderness area. Section 106 National Historic Preservation Act or EIS as a basis for approving an entire 2. Facilities that are to be located in Review Process (See 47 CFR Appendix C Part 1). project, FirstNet, as necessary, may an officially designated wildlife 8 A non-visible new antenna is in the ‘‘same conduct one or more rounds or ‘‘tiers’’ preserve. vicinity’’ as a pre-existing antenna if it will be of environmental reviews. These tiered 3. Facilities that: (i) May affect listed collocated on the same rooftop, facade, or other surface. A visible new antenna is in the ‘‘same reviews may cover general matters in a threatened or endangered species or vicinity’’ as a pre-existing antenna if it is on the broader EA or EIS (e.g., contracts or designated critical habitats; or (ii) are same rooftop, facade, or other surface and the policy statements) with subsequent likely to jeopardize the continued centerpoint of the new antenna is within ten feet narrower statements or environmental existence of any proposed endangered of the centerpoint of the pre-existing antenna. A deployment causes no new ground disturbance analyses (e.g., site-specific analyses), or threatened species or likely to result when the depth and width of previous disturbance incorporating by reference the general in the destruction or adverse exceeds the proposed construction depth and width discussion and concentrating solely on modification of proposed critical by at least two feet.

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1. Vertical cable runs for the c. The new antenna complies with all CFR part 17, if the proposed antenna connection of power and other services; zoning conditions and historic structure will be over 450 feet in height 2. Ancillary equipment installed by preservation conditions applicable to above ground level and involves either: other entities that is outside of the existing antennas in the same vicinity a. Construction of a new antenna Applicant’s ownership or control, and that directly mitigate or prevent effects, structure; 3. Comparable equipment from pre- such as camouflage or concealment b. Modification or replacement of an existing wireless deployments on the requirements; existing antenna structure involving a structure; d. The deployment of the new substantial increase in size as defined in iii. The deployment will involve no antenna involves no new ground 47 CFR (C)(1)(3) of Appendix B to Part new ground disturbance; and disturbance; and 1, Nationwide Programmatic Agreement iv. The deployment would otherwise e. The deployment would otherwise for Collocations of Wireless Antennas; require the preparation of an EA under require the preparation of an EA under or 47 CFR 1.1307(a)(4) solely because of 47 CFR 1.1307(a)(4) solely because of c. Addition of lighting or adoption of the age of the structure. the age of the structure. a less preferred lighting style as defined b. The mounting of antennas 5. Facilities that may affect tribal in 47 CFR 17.4(c)(1)(iii) of this chapter. (including associated equipment such as religious sites. FirstNet shall consider whether to wiring, cabling, cabinets, or backup- 6. Facilities to be located in a require an EA for other antenna power) on buildings or other non-tower floodplain (See Executive Order [E.O.] structures subject to 47 CFR 17.4(c) of structures where the deployment meets 11988, Floodplain Management, as this chapter in accordance with 47 CFR the following conditions: amended). 17.4(c)(8). An EA required pursuant to i. There is an existing antenna on the 7. Facilities whose construction will this note will be subject to the same building or structure; involve significant change in surface procedures that apply to any EA ii. One of the following criteria is met: features (e.g., wetland fill, deforestation, required for a proposed tower or 1. Non-Visible Antennas. The new water diversion). In the case of wetlands modification of an existing tower for antenna is not visible from any adjacent on federal property, see E.O. 11990, which an antenna structure registration streets or surrounding public spaces and Protection of Wetlands. application (FCC Form 854) is required, is added in the same vicinity as a pre- 8. Antenna towers and/or supporting as set forth in 47 CFR 17.4(c). existing antenna; structures that are to be equipped with 12. If FirstNet is responsible for 2. Visible Replacement Antennas. The high intensity white lights and located processing a particular action otherwise new antenna is visible from adjacent in residential neighborhoods, as defined categorically excluded, and determines streets or surrounding public spaces, by the applicable zoning law. that the proposal may have a significant provided that: 9. FirstNet actions granting permits or environmental impact, FirstNet on its a. It is a replacement for a pre-existing leases, or renewals thereof, or own motion, shall require the Applicant antenna; equipment authorizations or to submit an EA.’’ b. The new antenna will be located in modifications in existing facilities require the preparation of an EA, subject Proposed Revisions to FirstNet the same vicinity as the pre-existing Categorical Exclusions antenna, to the specific conditions specified in 47 c. The new antenna will be visible CFR 1.1307(b), if the particular facility, FirstNet, as discussed above, has a only from adjacent streets and operation, or transmitter would cause statutory mission to ensure the surrounding public spaces that also human exposure levels of radio establishment of the NPSBN. As an FCC afford views of the pre-existing antenna, frequency radiation in excess of the licensee, FirstNet actions related to d. The new antenna is not more than limits described in 47 CFR 1.1310 and network deployment will be the same three (3) feet larger in height or width 2.1093. activities as those undertaken by other (including all protuberances) than the 10. If an interested person alleges that FCC licensees and will be subject to the pre-existing antenna; and a particular action, otherwise same FCC environmental review e. No new equipment cabinets are categorically excluded, may have a process. Thus, as federal entities, both visible from the adjacent streets or significant environmental effect, the FirstNet and the FCC are subject to the surrounding public spaces; or person shall submit to FirstNet a written same NEPA requirements and will be 3. Other Visible Antennas. The new petition setting forth in detail the performing a review of the same antenna is visible from adjacent streets reasons justifying or circumstances activities. Consequently, FirstNet, in an or surrounding public spaces, provided necessitating environmental effort to establish a more efficient that: consideration in the decision-making environmental review process, is a. It is located in the same vicinity as process. FirstNet shall review the seeking to more closely align its CEs a pre-existing antenna; petition and consider the environmental with those of the FCC. More b. The new antenna is visible only concerns that have been raised. If specifically, as described below, from adjacent streets and surrounding FirstNet determines that the action may FirstNet’s proposed CE B–1 relies upon public spaces that also afford views of have a significant environmental the FCC CE, as listed in 47 CFR 1.1306, the pre-existing antenna; impact, FirstNet will require the as a benchmark for establishing the c. The pre-existing antenna was not Applicant to prepare an EA, which will updated FirstNet CE B–1. In addition to deployed pursuant to the exclusion in serve as the basis for the determination proposed CE B–1, FirstNet is seeking to this subsection (47 CFR to proceed with or terminate establish a CE B–15 that will account for 1.1307(a)(4)(ii)(B)(2)(iii)); environmental processing. the use of cells on wheels, systems on d. The new antenna is not more than 11. FirstNet shall require an EA for an wheels, and similar network equipment. three (3) feet larger in height or width otherwise categorically excluded action FirstNet has carefully reviewed the (including all protuberances) than the involving a new or existing antenna Administrative Record for the proposed pre-existing antenna; and structure, for which an antenna CEs to ensure it fulfills the goal of e. No new equipment cabinets are structure registration application balancing increased administrative visible from the adjacent streets or (Federal Communications Commission efficiency in NEPA compliance with surrounding public spaces; [FCC] Form 854) is required under 47 avoidance of misinterpretations and

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misapplications of exclusionary [A.2.] ‘‘Procurement activities related percent or 20 feet, whichever is greater, language that could lead to non- to the day-to-day operation of FirstNet, over existing support structures that are compliance with NEPA requirements.9 including routine procurement of goods located in the right-of-way within the Ultimately, FirstNet determined that the or services.’’ vicinity of the proposed construction; proposed CEs met both objectives. FirstNet does not propose any change (B) Involve the installation of more Moreover, FirstNet notes that proposed to this existing CE. than four new equipment cabinets or CE B–1 is currently part of the FCC’s [A.3.] ‘‘Personnel and Administrative more than one new equipment shelter; rules for environmental review process Actions.’’ (C) Add an appurtenance to the body and ensures that licensees, such as FirstNet does not propose any change of the structure that would protrude FirstNet, take appropriate measure to to this existing CE. from the edge of the structure more than protect environmental and historic [A.4.] ‘‘Purchase or lease of existing 20 feet, or more than the width of the resources when conducting tower and facilities or a portion thereof where use structure at the level of the antenna siting activities (i.e., or operation will remain unchanged.’’ appurtenance, whichever is greater FirstNet does not propose any change constructing a new tower or collocating (except that the deployment may exceed to this existing CE. an antenna on an existing structure). this size limit if necessary to shelter the Likewise, FirstNet proposed CE B–14, Network Deployment Activities antenna from inclement weather or to connect the antenna to the tower via which encompasses to the use of [B.1.] ‘‘Actions related to network deployable devices, is supported by cable); or deployment that are subject to and (D) Involve excavation outside the existing CEs of the Department of satisfy the environmental requirements Homeland Security and the U.S. Army. current site, defined as the area that is established under 47 CFR 1.1306 as within the boundaries of the leased or Consequently, through a deliberative described below: process, FirstNet determined that the owned property surrounding the (a) Except as provided in 47 CFR deployment or that is in proximity to proposed CEs encompass activities that 1.1307 (c) and (d), FirstNet’s actions not do not inherently have individual or the structure and within the boundaries covered by 47 CFR 1.1307 (a) and (b) are of the utility easement on which the cumulative significant impacts on the deemed individually and cumulatively facility is to be deployed, whichever is human environment. to have no significant effect on the more restrictive. Synopsis of Proposed Changes to quality of the human environment and (2) Such wireless facilities are subject Categorical Exclusions are categorically excluded from to 47 CFR 1.1307(b) and require EAs if environmental processing. their construction would result in The following is a summary of the (b) Specifically, any FirstNet action human exposure to radiofrequency proposed revisions to the CEs that may with respect to any new application, or radiation in excess of the applicable be applied to actions related to the minor or major modifications of existing health and safety guidelines cited in 47 deployment of the NPSBN to which or authorized facilities or equipment, CFR 1.1307(b). NEPA applies. Key proposed changes will be categorically excluded, provided (d) The provisions of 47 CFR include: (1) Reorganizing CEs into two such proposals do not: 1.1307(a) requiring the preparation of separate groups (i.e., Group A covering (1) Involve a site location specified EAs do not encompass the mounting of administrative actions and Group B under 47 CFR 1.1307(a)(1)–(7). antenna(s) and associated equipment (2) Involve high intensity lighting covering network deployment activities) (such as wiring, cabling, cabinets, or under 47 CFR 1.1307(a)(8). and renumbering of existing CEs; (2) backup-power), on or in an existing (3) Result in human exposure to radio establishing two new CEs (B–1 and B– building, or on an antenna tower or 15); (3) removing the current CE A–7 in frequency radiation in excess of the applicable safety standards specified in other man-made structure, unless 47 its entirety and the term ‘‘wireless’’ from CFR 1.1307(a)(4) is applicable. Such the CE A–12 as activities related to 47 CFR 1.1307(b). (c) Any FirstNet action with respect to antennas are subject to 47 CFR 1.1307(b) wireless communications will be any new application, or minor or major and require EAs if their construction covered by the proposed CE B–1; and (4) modifications of existing or authorized would result in human exposure to removing current CE A–8 because it is facilities or equipment, will be radiofrequency radiation in excess of unnecessary based on the scope of categorically excluded, subject to the the applicable health and safety FirstNet actions. Accordingly, the following: guidelines cited in 47 CFR 1.1307(b). following list presents FirstNet’s (1) Unless 47 CFR 1.1307(a)(4) is The provisions of 47 CFR 1.1307(a) and proposed revisions to its CEs, along applicable, the provisions of 47 CFR (b) do not encompass the installation of with a brief description of the reasoning 1.1307(a) requiring the preparation of aerial wire or cable over existing aerial for establishing a new CE or identifying Environmental Assessments (EAs) do corridors of prior or permitted use or the substantive changes, if any, to the not encompass the construction of underground installation of wire or existing CE. As noted above, the wireless facilities, including cable along existing underground Administrative Record supporting these deployments on new or replacement corridors of prior or permitted use, CEs is available at www.firstnet.gov. poles, if: established by the Applicant or others. Administrative Actions (i) The facilities will be located in a The use of existing buildings, towers, or right-of-way that is designated by a corridors is an environmentally [A.1.] ‘‘The issuance of bulletins and Federal, State, local, or tribal desirable alternative to the construction information publications that do not government for communications towers, of new facilities and is encouraged. The concern environmental matters or above-ground utility transmission or provisions of 47 CFR 1.1307(a) and (b) substantial facility design, construction, distribution lines, or any associated do not encompass the construction of or maintenance practices.’’ structures and equipment; new submarine cable systems. FirstNet does not propose any change (ii) The right-of-way is in active use (e) The specific height of an antenna to this existing CE. for such designated purposes; and tower or supporting structure, as well as (iii) The facilities would not: the specific diameter of a satellite Earth 9 The Administrative Record for these proposed (A) Increase the height of the tower or station, in and of itself, will not be CEs is available at www.firstnet.gov. non-tower structure by more than 10 deemed sufficient to warrant

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environmental processing, see 47 CFR telecommunications switching or other changes to this CE have been 1.1307 and 1.1308, except as required multiplexing centers, or external proposed. by FirstNet or the FCC pursuant to the changes to buildings or small structures [B.12.] ‘‘Rebuilding of power lines or note to 47 CFR 1.1307(d). requiring one acre (0.4 hectare) or more telecommunications cables where road (f) The construction of an antenna but no more than five acres (2 hectares) or highway reconstruction requires the tower or supporting structure in an of new physically disturbed land or Applicant to relocate the lines either established ‘‘antenna farm’’ (i.e., an area fenced property.’’ within or adjacent to the new road or in which similar antenna towers are This CE was formerly classified as A– highway easement or right-of-way.’’ clustered, whether or not such area has 10 but has been reclassified as B–5. No This CE was formerly classified as been officially designated as an antenna other changes to this CE have been A–17 but has been reclassified as B–12. farm) will be categorically excluded proposed. No other changes to this CE have been unless one or more of the antennas to [B.6.] ‘‘Construction of substations, proposed. be mounted on the tower or structure switching stations, or [B.13.] ‘‘Phase or voltage conversions, are subject to the provisions of 47 CFR telecommunications switching or reconductoring or upgrading of existing 1.1307(b) and the additional multiplexing centers requiring no more electric distribution lines, or radiofrequency radiation from the than five acres (2 hectares) of new telecommunication facilities.’’ antenna(s) on the new tower or structure physically disturbed land or fenced This CE was formerly classified as A– would cause human exposure in excess property.’’ 18 but has been reclassified as B–13. No of the applicable health and safety This CE was formerly classified as A– other changes to this CE have been guidelines cited in 47 CFR 1.1307(b).’’ 11 but has been reclassified as B–6. No proposed. FirstNet proposes to establish this CE other changes to this CE have been [B.14.] ‘‘Construction of standby to better align its existing environmental proposed. diesel electric generators (one megawatt review process with the FCC’s rules for [B.7.] ‘‘Changes or additions to or less total capacity) and associated environmental review that FirstNet telecommunication sites, substations, facilities, for the primary purpose of must comply with as a licensee of the switching stations, telecommunications providing emergency power, at an FCC. Further, the establishment of this switching or multiplexing centers, existing Applicant headquarters or CE ensures that FirstNet takes buildings, or small structures requiring district office, telecommunications appropriate measures to protect new physical disturbance or fencing of switching or multiplexing site, or at an environmental and historic resources less than one acre (0.4 hectare).’’ industrial, commercial, or agricultural when conducting tower and antenna This CE was formerly classified as A– facility served by the Applicant.’’ siting activities (i.e., constructing a new 12 but has been reclassified as B–7. This CE was formerly classified as A– tower or collocating an antenna on an Further, FirstNet proposes to remove the 19 but has been reclassified as B–14. No existing structure). This CE is supported term ‘‘wireless’’ from the CE as such other changes to this CE have been by long-standing CEs and administrative activities related to wireless facilities proposed. [B.15.] ‘‘Deployment of Cells on records. In particular, these include fall within the scope of proposed CE Wheels, Systems on Wheels, or other exclusions from the Federal B–1. deployable architecture intended for Communications Commission, U.S. [B.8.] ‘‘Ordinary maintenance or temporary placement (no more than two Department of Agriculture, and U.S. replacement of equipment or small years) on an impervious surface.’’ Department of Energy. structures (e.g., line support structures, FirstNet proposes to establish this CE [B.2.] ‘‘Internal modifications or line transformers, microwave facilities, to account for activities related to the equipment additions (e.g., computer telecommunications remote switching use of deployable or similar equipment. facilities, relocating interior walls) to and multiplexing sites).’’ This CE is supported by long-standing structures or buildings.’’ This CE was formerly classified as A– This CE was formerly classified as A– 13 but has been reclassified as B–8. No CEs and administrative records. In 5 but has been reclassified as B–5. No other changes to this CE have been particular, these include exclusions other changes to this CE have been proposed. from the U.S. Department of Homeland proposed. [B.9.] ‘‘The construction of Security and U.S. Army. [B.3] ‘‘Construction of buried and telecommunications facilities within the Elijah Veenendaal, aerial telecommunications lines, cables, fenced area of an existing substation, Attorney—Advisor, First Responder Network and related facilities.’’ switching station, or within the Authority. This CE was formerly classified as A– boundaries of an existing electric [FR Doc. 2017–13156 Filed 6–22–17; 8:45 am] 6 but has been reclassified as B–3. No generating facility site.’’ BILLING CODE 3510–TL–P other changes to this CE have been This CE was formerly classified as A– proposed. 14 but has been reclassified as B–9. No [B.4.] ‘‘Changes to existing other changes to this CE have been DEPARTMENT OF COMMERCE transmission lines that involve less than proposed. 20 percent pole replacement, or the [B.10.] ‘‘Testing or monitoring work Foreign-Trade Zones Board complete rebuilding of existing (e.g., soil or rock core sampling, [B–40–2017] distribution lines within the same right monitoring wells, air monitoring).’’ of way. Changes to existing transmission This CE was formerly classified as A– Foreign-Trade Zone (FTZ) 57— lines that require 20 percent or greater 15 but has been reclassified as B–10. No Charlotte, North Carolina, Notification pole replacement will be considered the other changes to this CE have been of Proposed Production Activity, DNP same as new construction.’’ proposed. Imagingcomm America Corporation This CE was formerly classified as A– [B.11.] ‘‘Studies and engineering (Coatings and Lamination on Semi- 9 but has been reclassified as B–5. No undertaken to define proposed actions Completed Coated Paper), Concord, other changes to this CE have been or alternatives sufficiently so that North Carolina proposed. environmental effects can be assessed.’’ [B.5.] ‘‘Changes or additions to This CE was formerly classified as A– The Charlotte Regional Partnership, existing substations, switching stations, 16 but has been reclassified as B–11. No Inc., grantee of FTZ 57, submitted a

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notification of proposed production [email protected] or (202) Board’s Web site, which is accessible activity to the FTZ Board on behalf of 482–1963. via www.trade.gov/ftz. DNP Imagingcomm America Dated: June 16, 2017. For further information, contact Corporation (DNP), operator of Subzone Andrew McGilvray, Christopher Kemp at 57C, located in Concord, North [email protected] or (202) Executive Secretary. Carolina. The notification conforming to 482–0862. [FR Doc. 2017–13134 Filed 6–22–17; 8:45 am] the requirements of the regulations of Dated: June 16, 2017. the FTZ Board (15 CFR 400.22) was BILLING CODE 3510–DS–P Andrew McGilvray, received on May 30, 2017. DNP already has authority to slit Executive Secretary. foreign jumbo rolls of thermal transfer DEPARTMENT OF COMMERCE [FR Doc. 2017–13120 Filed 6–22–17; 8:45 am] ribbons, dye sublimation transfer ribbon BILLING CODE 3510–DS–P Foreign-Trade Zones Board (STR), and assemble STR photo printer components (including photo printer [S–83–2017] packages—printer cartridges and paper) DEPARTMENT OF COMMERCE within Subzone 57C. DNP’s new activity Foreign-Trade Zone 143—Sacramento, Foreign-Trade Zones Board would add foreign status coatings and California Application for Subzone lamination to semi-completed coated Expansion; Mitsubishi Chemical [B–43–2017] paper to the scope of authority. Carbon Fiber and Composites, Inc. Pursuant to 15 CFR 400.14(b), Sacramento, California Foreign-Trade Zone 57—Mecklenburg additional FTZ authority would be County, North Carolina; Application for An application has been submitted to limited to the specific foreign-status Production Authority; Gildan Yarns, the Foreign-Trade Zones (FTZ) Board by materials/components described in the LLC (Cotton and Cotton/Polyester the Sacramento-Yolo Port District, submitted notification (as described Yarns); Salisbury, North Carolina grantee of FTZ 143, requesting below) and subsequently authorized by expanded subzone status for the An application has been submitted to the FTZ Board. Production under FTZ procedures facilities of Mitsubishi Chemical Carbon the Foreign-Trade Zones (FTZ) Board by could exempt DNP from customs duty Fiber and Composites, Inc., located in the Charlotte Regional Partnership, Inc., payments on the foreign-status Sacramento, California. The application grantee of FTZ 57, requesting export- materials/components used in export was submitted pursuant to the only production authority on behalf of production. On its domestic sales, DNP provisions of the Foreign-Trade Zones Gildan Yarns, LLC (Gildan), located in would be able to choose the duty rate Act, as amended (19 U.S.C. 81a–81u), Salisbury, North Carolina. The during customs entry procedures that and the regulations of the FTZ Board (15 application conforming to the applies to the finished products in the CFR part 400). It was formally docketed requirements of the regulations of the existing scope of authority for the on June 1, 2017. FTZ Board (15 CFR 400.23) was foreign-status materials/components Subzone 143D consists of the docketed on June 16, 2017. noted below. Customs duties also could following sites in Sacramento: Site 1 (10 The Gildan facility (400 employees, possibly be deferred or reduced on acres) 5900 88th Street; and, Site 2 (1.05 104 acres) is located within Site 19 of foreign-status production equipment. acres) 6003 88th Street. The applicant is FTZ 57. The facility is used to produce The materials/components sourced now requesting authority to expand the spun cotton and cotton/polyester yarns from abroad include: Polyurethane subzone to include proposed Site 3: for export. Production under FTZ composed of urethane resin, m-xylylene 8670 Fruitridge Road, Suite 100, procedures could exempt Gildan from diisocyanate and ethyl acetate; catalyst Sacramento. The expanded subzone customs duty payments on the foreign for sealant and adhesive formulation; would be subject to the existing component used in export production. polyurethane resin; binding agent for activation limit of FTZ 143. The sole foreign-origin material polyurethane coatings; propylene film; In accordance with the FTZ Board’s (representing 10% of the value of the coated wood-free paper; chemical regulations, Christopher Kemp of the finished product) to be used in the reaction initiators; components of FTZ Staff is designated examiner to export production is polyester staple printing ink; plastic film; chemical review the application and make fiber (duty rate 4.3%). Customs duties binders; and, resin—binder used in ink recommendations to the Executive also could possibly be deferred or (duty rate ranges from free to 6.5%) Secretary. reduced on foreign-status production Public comment is invited from Public comment is invited from equipment. The request indicates that interested parties. Submissions shall be interested parties. Submissions shall be the savings from FTZ procedures would addressed to the Board’s Executive addressed to the FTZ Board’s Executive help improve the plant’s international Secretary at the address below. The Secretary at the address below. The competitiveness. closing period for their receipt is August closing period for their receipt is August In accordance with the FTZ Board’s 2, 2017. 2, 2017. Rebuttal comments in response regulations, Elizabeth Whiteman of the A copy of the notification will be to material submitted during the FTZ Staff is designated examiner to available for public inspection at the foregoing period may be submitted evaluate and analyze the facts and Office of the Executive Secretary, during the subsequent 15-day period to information presented in the application Foreign-Trade Zones Board, Room August 17, 2017. and case record and to report findings 21013, U.S. Department of Commerce, A copy of the application will be and recommendations to the FTZ Board. 1401 Constitution Avenue NW., available for public inspection at the Public comment is invited from Washington, DC 20230–0002, and in the Office of the Executive Secretary, interested parties. Submissions shall be ‘‘Reading Room’’ section of the Board’s Foreign-Trade Zones Board, Room addressed to the FTZ Board’s Executive Web site, which is accessible via 21013, U.S. Department of Commerce, Secretary at the address below. The www.trade.gov/ftz. 1401 Constitution Avenue NW., closing period for their receipt is August For further information, contact Washington, DC 20230–0002, and in the 22, 2017. Rebuttal comments in Christopher Wedderburn at ‘‘Reading Room’’ section of the FTZ response to material submitted during

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the foregoing period may be submitted on December 16, 2016.1 On February 27, Department’s Additional Preliminary during the subsequent 15-day period to 2017, the Department postponed the Scope Decision Memorandum.6 The September 6, 2017. preliminary determination of this Department is preliminarily modifying A copy of the application will be investigation and the revised deadline is the scope language as it appeared in the available for public inspection at the now June 16, 2017.2 For a complete Initiation Notice. See the revised scope Office of the Executive Secretary, description of the events that followed in Appendix I to this notice. Foreign-Trade Zones Board, Room the initiation of this investigation, see 21013, U.S. Department of Commerce, the Preliminary Decision Methodology 1401 Constitution Avenue NW., Memorandum.3 A list of topics included The Department is conducting this Washington, DC 20230–0002, and in the in the Preliminary Decision investigation in accordance with section ‘‘Reading Room’’ section of the FTZ Memorandum is included as Appendix Board’s Web site, which is accessible II to this notice. The Preliminary 731 of the Act. The Department via www.trade.gov/ftz. Decision Memorandum is a public calculated export prices in accordance For further information, contact document and is on file electronically with section 772(a) of the Act. Because Elizabeth Whiteman at via Enforcement and Compliance’s the PRC is a non-market economy, [email protected] or (202) Antidumping and Countervailing Duty within the meaning of section 771(18) of 482–0473. Centralized Electronic Service System the Act, the Department calculated (ACCESS). ACCESS is available to normal value (NV) in accordance with Dated: June 19, 2017. registered users at https:// section 773(c) of the Act. In addition, Andrew McGilvray, access.trade.gov, and to all parties in the pursuant to sections 776(a) and (b) of Executive Secretary. Central Records Unit, Room B8024 of the Act, the Department preliminarily [FR Doc. 2017–13135 Filed 6–22–17; 8:45 am] the main Department of Commerce relied upon facts otherwise available, BILLING CODE 3510–DS–P building. In addition, a complete with adverse inferences, for Shandong version of the Preliminary Decision Dongfang Bayley Wood Co., Ltd. Memorandum can be accessed directly DEPARTMENT OF COMMERCE (Bayley), certain separate rate at http://enforcement.trade.gov/frn/. applicants, and the PRC-wide entity. As The signed and the electronic versions the Department preliminarily International Trade Administration of the Preliminary Decision determined that Bayley is not entitled to Memorandum are identical in content. [A–570–051] a separate rate, the company is included Scope of the Investigation Certain Hardwood Plywood Products within the PRC-wide entity. For a full From the People’s Republic of China: The product covered by this description of the methodology Preliminary Affirmative Determination investigation is hardwood plywood underlying the Department’s of Sales at Less Than Fair Value, from the PRC. For a complete preliminary determination, see the Preliminary Affirmative Determination description of the scope of this Preliminary Decision Memorandum. investigation, see Appendix I. of Critical Circumstances, in Part Preliminary Affirmative Determination AGENCY: Enforcement and Compliance, Scope of Comments of Critical Circumstances, in Part International Trade Administration, In accordance with the preamble to In accordance with section 733(e) of Department of Commerce. the Department’s regulations,4 the the Act and 19 CFR 351.206, the SUMMARY: The Department of Commerce Initiation Notice set aside a period of time for parties to raise issues regarding Department preliminarily determines (the Department) preliminarily that critical circumstances exist with determines that certain hardwood product coverage (scope).5 Certain respect to imports of hardwood plywood products (hardwood plywood) interested parties commented on the plywood from the PRC for certain from the People’s Republic of China scope of the investigation as it appeared separate rate respondents and the PRC- (PRC) are being, or are likely to be, sold in the Initiation Notice. For a summary in the United States at less than fair of the product coverage comments and wide entity (of which Bayley and value (LTFV). The period of rebuttal responses submitted to the certain separate rate respondents are a investigation (POI) is April 1, 2016, record for this investigation, and part), but do not exist for Linyi Chengen through September 30, 2016. accompanying discussion and analysis Import and Export Co., Ltd. and certain of all comments timely received, see the separate rate respondents. For a full DATES: Effective June 23, 2017. Department’s Preliminary Scope description of the methodology and FOR FURTHER INFORMATION CONTACT: Decision Memorandum and the results of the Department’s critical Amanda Brings or Ryan Mullen, AD/ circumstances analysis, see the CVD Operations, Office V, Enforcement 1 See Certain Hardwood Plywood Products from Preliminary Decision Memorandum. and Compliance, International Trade the People’s Republic of China: Initiation of Less- Administration, U.S. Department of Than-Fair-Value Investigation, 81 FR 91125 Commerce, 1401 Constitution Avenue (December 16, 2016) (Initiation Notice). 2 See Certain Hardwood Plywood Products from 6 See Memorandum, ‘‘Certain Hardwood Plywood NW., Washington, DC 20230; telephone: the People’s Republic of China: Postponement of Products from the People’s Republic of China: (202) 482–3927 or (202) 482–5260, Preliminary Determination of Antidumping Duty Scope Comments Decision Memorandum for the respectively. Investigation, 82 FR 12538 (March 6, 2017). Preliminary Determinations’’ (Preliminary Scope 3 See Memorandum, ‘‘Decision Memorandum for Decision Memorandum), dated April 17, 2017, and SUPPLEMENTARY INFORMATION: the Preliminary Determination in the Less-Than- hereby adopted by, this preliminary determination; Background Fair-Value Investigation of Certain Hardwood Memorandum, ‘‘Certain Hardwood Plywood Plywood Products from the People’s Republic of Products from the People’s Republic of China: This preliminary determination is China,’’ dated concurrently with, and hereby Additional Scope Comments Preliminary Decision made in accordance with section 733(b) adopted by, this notice (Preliminary Decision Memorandum and Extension of Deadlines for Scope Memorandum). Case Briefs and Scope Rebuttal Briefs’’ (Additional of the Tariff Act of 1930, as amended 4 See Antidumping Duties; Countervailing Duties, Preliminary Scope Decision Memorandum), dated (the Act). The Department published the Final Rule, 62 FR 27296, 27323 (May 19, 1997). concurrently with, and hereby adopted by, this notice of initiation of this investigation 5 See Initiation Notice. preliminary determination.

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Combination Rates that are eligible for a separate rate in Preliminary Determination In the Initiation Notice,7 the this investigation. Policy Bulletin 05.1 The Department preliminarily 8 Department stated that it would describes this practice. determines that the following estimated calculate producer/exporter weighted-average dumping margins combination rates for the respondents exist:

Estimated weighted- average Cash deposit Exporter Producer dumping rate margin (percent) (percent)

Linyi Chengen Import and Export Co., Ltd ...... Linyi Dongfangjuxin Wood Co., Ltd ...... 00.00 00.00 Anhui Hoda Wood Co., Ltd ...... Feixian Jianxin Board Factory ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Linyi Xicheng Wood Co., Ltd ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Linyi Longxin Wood Co., Ltd ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Fengxian Jihe Wood Co., Ltd ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Xuzhou Chunyiyang Wood Co., Ltd ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Linyi Lanshan District Xiangfeng Decorative Board 57.36 57.07 Factory. Anhui Hoda Wood Co., Ltd ...... Linyi Lanshan District Fubai Wood Board Factory ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Shandong Jubang Wood Co., Ltd ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Feixian Shangye Town Mingda Multi-layered Board 57.36 57.07 Factory. Anhui Hoda Wood Co., Ltd ...... Xuzhou Dayuan Wood Co., Ltd ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07 Anhui Hoda Wood Co., Ltd ...... Linyi Renlin Wood Co., Ltd ...... 57.36 57.07 Celtic Co., Ltd ...... Linyi Celtic Wood Co., Ltd ...... 57.36 57.07 Celtic Co., Ltd ...... Pinyi Fuhua Wood Co., Ltd ...... 57.36 57.07 China Friend Limited ...... Feixian Wanda Wood Factory ...... 57.36 57.07 China Friend Limited ...... Shandong Huaxin Jiasheng Wood Co., Ltd ...... 57.36 57.07 China Friend Limited ...... Feixian Xinhe Wood Co., Ltd ...... 57.36 57.07 China Friend Limited ...... Shandong Dongfang Bayley Wood Co., Ltd ...... 57.36 57.07 China Friend Limited ...... Xuzhou Yujinfang Wood Co., Ltd ...... 57.36 57.07 China Friend Limited ...... Linyi Huifeng Wood Industry Co., Ltd ...... 57.36 57.07 China Friend Limited ...... Linyi Dongfangjuxin Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Linyi Huasheng Yongbin Wood Corp ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Suining Pengxiang Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Pizhou Jiangshan Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Shandong Union Wood Co. Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Linyi Sanfortune Wood Co. Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Shandong Anxin Timber Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Linyi Evergreen Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Shandong Huaxin Jiasheng Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Xuzhou Shenghe Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Pengyi Jinniu Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Linyi Celtic Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Linyi Laiyi Timber Industry Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Feixian Hongqiang Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Feixan Xingying Wood Co., Ltd ...... 57.36 57.07 Cosco Star International Co., Ltd ...... Linyi City Lanshan District Fubo Wood Factory ...... 57.36 57.07 Deqing China-Africa Foreign Trade Port Co., Ltd ...... Suqian Welcomewood Products CO., LTD ...... 57.36 57.07 Deqing China-Africa Foreign Trade Port Co., Ltd ...... Feixian Hongqiang Wooden Products CO., LTD ...... 57.36 57.07 Feixian Jinde Wood Factory ...... Feixian Jinde Wood Factory ...... 57.36 57.07 Feixian Longteng Wood Co., Ltd ...... Feixian Longteng Wood Co., Ltd ...... 57.36 57.07 Golder International Trade Co., Ltd ...... Fengxian Shuangxingyuan Wood Co., Ltd ...... 57.36 57.07 Golder International Trade Co., Ltd ...... Fengxian Fangyuan Wood Co., Ltd ...... 57.36 57.07 Golder International Trade Co., Ltd ...... Pizhou Jinuoyuan Wood Co., Ltd ...... 57.36 57.07 Golder International Trade Co., Ltd ...... Xuzhou Changcheng Wood Co., Ltd ...... 57.36 57.07 Golder International Trade Co., Ltd ...... Xuzhou Jiamei Wood Co., Ltd ...... 57.36 57.07 G.D. Enterprise Limited ...... International Wood Products (Kunshan) Co., Ltd ...... 57.36 57.07 Happy Wood Industrial Group Co., Ltd ...... Happy Wood Industrial Group Co., Ltd ...... 57.36 57.07 Henan Hongda Woodcraft Industry Co., Ltd ...... Henan Hongda Woodcraft Industry Co., Ltd ...... 57.36 57.07 Highland Industries Inc ...... Weifang Hanlin Timber Producers Co. Ltd ...... 57.36 57.07 Highland Industries Inc ...... Anqiu Hengrui Wood Co., Ltd ...... 57.36 57.07 Highland Industries Inc ...... Weifang Chenglin Wood Industry Co., Ltd ...... 57.36 57.07 Huainan Mengping Import and Export Co., Ltd ...... Linyi Qianfeng Panel Factory Co., Ltd ...... 57.36 57.07 Jiangsu High Hope Arser Co., Ltd ...... Shandong Dongfang Bayley Wood Co., Ltd ...... 57.36 57.07 Jiangsu High Hope Arser Co., Ltd ...... Xuzhou Zhongtong Wood Co., Ltd ...... 57.36 57.07 Jiangsu High Hope Arser Co., Ltd ...... Pizhou Arser Wood Co., Ltd ...... 57.36 57.07 Jiangsu High Hope Arser Co., Ltd ...... Linyi Jinghai Wood Products Factory ...... 57.36 57.07

7 See Initiation Notice at 91129. Practice and Application of Combination Rates in Bulletin 05.1), available on the Department’s Web 8 See Enforcement and Compliance’s Policy Antidumping Investigations involving Non-Market site at http://enforcement.trade.gov/policy/bull05- Bulletin No. 05.1, regarding, ‘‘Separate-Rates Economy Countries,’’ (April 5, 2005) (Policy 1.pdf.

VerDate Sep<11>2014 19:21 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices 28631

Estimated weighted- average Cash deposit Exporter Producer dumping rate margin (percent) (percent)

Jiangsu Qianjiuren International Trading Co., Ltd ...... Jiangsu Shuren Wood Co., Ltd ...... 57.36 57.07 Jiangsu Shengyang Industrial Joint Stock Co., Ltd ..... Jiangsu Shengyang Industrial Joint Stock Co., Ltd ..... 57.36 57.07 Jiangsu Top Point International Co., Ltd ...... Linyi Jinkun Wood Co., Ltd ...... 57.36 57.07 Jiangsu Top Point International Co., Ltd ...... Feixian Huafeng Wood Co., Ltd ...... 57.36 57.07 Jiangsu Top Point International Co., Ltd ...... Feixian Xindongfang Wood Co., Ltd ...... 57.36 57.07 Jiangsu Top Point International Co., Ltd ...... Feixian Fuyang Plywood Factory ...... 57.36 57.07 Jiangsu Top Point International Co., Ltd ...... Fengxian Shuangxingyuan Wood Co., Ltd ...... 57.36 57.07 Jiangsu Top Point International Co., Ltd ...... Linyi Celtic Wood Co., Ltd ...... 57.36 57.07 Jiashan Dalin Wood Industry Co., Ltd ...... Jiashan Dalin Wood Industry Co., Ltd ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Fengxian Hengyuan Wood Industry Co., Ltd ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Feixian Junyang Wood Industry Co., Ltd ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Feixian Junbang Wood Factory ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Linyi City Lanshan District Mingda Wood Factory ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Feixian Hongyun Wood Factory ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Linyi City Lanshan District Xiangfeng Wood Decora- 57.36 57.07 tion Factory. Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Shandong Jubang Wood Co., Ltd ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Feixian Yixin Wood Processing Factory ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Pizhou Wantai Wood Industry Co., Ltd ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Feixian Fengxiang Wood Processing Factory ...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Shandong Compete Wood Co., Ltd...... 57.36 57.07 Jiaxing Gsun Imp. & Exp. Co., Ltd ...... Linyi Kunyu Plywood Factory ...... 57.36 57.07 Jiaxing Hengtong Wood Co., Ltd ...... Jiaxing Hengtong Wood Co., Ltd ...... 57.36 57.07 Jiaxing Kaochuan Woodwork Co., Ltd ...... Jiaxing Kaochuan Woodwork Co., Ltd ...... 57.36 57.07 Leadwood Industrial Corp ...... Leadwood Industrial Corp ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Xinyi Chaohua Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Linyi Huasheng Yongbin Wood Corp ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Linyi City Lanshan District Baoshan Wood Factory ..... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Pizhou Yuanxing Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Linyi Celtic Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Linyi City Lanshan District Fubo Wood Factory ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Fei County Hongsheng Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Xuzhou Hongwei Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Pizhou Jinguoyuan Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Feixian Wanda Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Fengxian Shuangxingyuan Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Feixian Hongqiang Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Linyi City Lanshan District Fuerda Wood Factory ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Fengxian Hengyuan Wood Industry Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Feixian Xingying Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Shandong Jubang Wood Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Feixian Junyang Wood Industry Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Feixian Junbang Wood Factory ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Feixian Hongyun Wood Factory ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Linyi City Lanshan District Xiangfeng Wood Decora- 57.36 57.07 tion Factory. Lianyungang Yuantai International Trade Co., Ltd ...... Linyi Renlin Wood Industry Co., Ltd ...... 57.36 57.07 Lianyungang Yuantai International Trade Co., Ltd ...... Linyi City Lanshan District Mingda Wood Factory ...... 57.36 57.07 Linyi City Dongfang Fukai Wood Industry Co., Ltd ...... Linyi City Dongfang Fukai Wood Industry Co., Ltd ...... 57.36 57.07 Linyi City Dongfang Jinxin Economic and Trade Co., Linyi City Dongfang Jinxin Economic and Trade Co., 57.36 57.07 Ltd. Ltd. Linyi City Shenrui International Trade Co., Ltd ...... Linyi City Dongfang Fuchao Wood Co., Ltd ...... 57.36 57.07 Linyi City Shenrui International Trade Co., Ltd ...... Feixian Zhenghua Wood Factory ...... 57.36 57.07 Linyi Dahua Wood Co., Ltd ...... Linyi Dahua Wood Co., Ltd ...... 57.36 57.07 Linyi Evergreen Wood Co., Ltd ...... Linyi Evergreen Wood Co., Ltd ...... 57.36 57.07 Linyi Glary Plywood Co., Ltd ...... Linyi Glary Plywood Co., Ltd ...... 57.36 57.07 Linyi Hengsheng Wood Industry Co., Ltd ...... Linyi Hengsheng Wood Industry Co., Ltd ...... 57.36 57.07 Linyi Huasheng Yongbin Wood Co., Ltd ...... Linyi Huasheng Yongbin Wood Co., Ltd ...... 57.36 57.07 Linyi Jiahe Wood Industry Co., Ltd ...... Linyi Jiahe Wood Industry Co., Ltd ...... 57.36 57.07 Linyi Linhai Wood Co., Ltd ...... Linyi Linhai Wood Co., Ltd ...... 57.36 57.07 Linyi Mingzhu Wood Co., Ltd ...... Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07 Linyi Sanfortune Wood Co., Ltd ...... Linyi Sanfortune Wood Co., Ltd ...... 57.36 57.07 Linyi Tian He Wooden Industry Co., Ltd ...... Linyi Tian He Wooden Industry Co., Ltd ...... 57.36 57.07 Pingyi Jinniu Wood Co., Ltd ...... Pingyi Jinniu Wood Co., Ltd ...... 57.36 57.07 Pizhou Dayun Import & Export Trade Co., Ltd ...... Xuzhou Camry Wood Co., Ltd ...... 57.36 57.07 Pizhou Jin Sheng Yuan International Corp., Ltd ...... Xuzhou Chengxin Wood Co., Ltd ...... 57.36 57.07 Pizhou Jin Sheng Yuan International Corp., Ltd ...... Xuzhou Golden River Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Linyi Fubo Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Linyi Tuopu Zhixin Wooden Industry Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Linyi Haisen Wood Co., Ltd ...... 57.36 57.07

VerDate Sep<11>2014 19:21 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 28632 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices

Estimated weighted- average Cash deposit Exporter Producer dumping rate margin (percent) (percent)

Qingdao Good Faith Import and Export Co., Ltd ...... Linyi Jubang Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Xuzhou Changcheng Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Xuzhou Jinguoyuan Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Xuzhou Xuexin Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Anhui Fuyang Qinglin Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Anhui Huijin Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Anhui Lingfeng Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Suzhou Dongsheng Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Pizhou Zhongxin Wood Co., Ltd ...... 57.36 57.07 Qingdao Good Faith Import and Export Co., Ltd ...... Xuzhou Spring Art Yang Wood Industry Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Dahua Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Yutai Zezhong Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Evergreen Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Suzhou Dongsheng Wood Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Shandong Dongfang Bayley Wood Products Co., Ltd 57.36 57.07 Qingdao Top P&Q International Corp ...... Feixian Tanyi Youchengjiafu Wood Products Co., Ltd 57.36 57.07 Qingdao Top P&Q International Corp ...... Feixian Mingteng Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Dahua Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Yutai Zezhong Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Qianfeng Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Shandong Jinqiu Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Laite Plywood Factory ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Xuzhou Chunyiyang Wood Products Co. Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Feixian Lijun Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Feixian Shuangfeng Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Longxin Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Lanshan Wanmei Wood Factory ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Feixian Xinhe Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Chenyuan Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Di Birch Wood Industry Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Shandong Junxing Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Jiexin Wood Products Factory ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Xuzhou Fuyu Wood Industry Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Jiangsu Lishun Industry And Trade Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Evergreen Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Anhui Qinglin Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Haisen Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Hongze Plywood Factory ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Kaifeng Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Feixian Fugang Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Lanling Longziyun Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Fuerda Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Fengxian Shuangxingyuan Wood Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Suzhou Dongsheng Wood Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Feixan Dexin Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Shandong Dongfang Bayley Wood Products Co., Ltd 57.36 57.07 Qingdao Top P&Q International Corp ...... Linyi Huifeng Wood Products Co., Ltd ...... 57.36 57.07 Qingdao Top P&Q International Corp ...... Feixian Kailin Wood Products Co., Ltd ...... 57.36 57.07 Shandong Huaxin Jiasheng Wood Co., Ltd ...... Shandong Huaxin Jiasheng Wood Co., Ltd ...... 57.36 57.07 Shandong Huiyu International Trade Co., Ltd ...... Linyi Huifeng Wood Products Co., Ltd ...... 57.36 57.07 Shandong Jinluda International Trade Co., Ltd ...... Shandong Union Wood Co., Ltd ...... 57.36 57.07 Shandong Jinluda International Trade Co., Ltd ...... Shandong Jinqiu Wood Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Fengxian Hengyuan Wood Industry Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Feixian Junyang Wood Industry Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Feixian Junbang Wood Factory ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Linyi City Lanshan District Mingda Wood Factory ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Feixian Hongyun Wood Factory ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Linyi City Lanshan District Xiangfeng Wood Decora- 57.36 57.07 tion Factory. Shandong Johnson Trading Co., Ltd ...... Linyi Lanshan Yulin Wood Factory ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Shandong Jubang Wood Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Feixian Yixin Wood Processing Factory ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Linyi Renlin Wood Industry Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Xuzhou Dayuan Wood Industry Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Xuzhou Yuantai Wood Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Pizhou Wantai Wood Industry Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Feixian Desheng Wood Industry Factory ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Xuzhou Zhongcai Wood Industry Co., Ltd ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Feixian Fengxiang Wood Processing Factory ...... 57.36 57.07 Shandong Johnson Trading Co., Ltd ...... Shandong Compete Wood Co., Ltd ...... 57.36 57.07

VerDate Sep<11>2014 19:21 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices 28633

Estimated weighted- average Cash deposit Exporter Producer dumping rate margin (percent) (percent)

Shandong Qishan International Trading Co., Ltd ...... Linyi Tuopu Zhixin Wooden Industry Co., Ltd ...... 57.36 57.07 Shandong Senmanqi Import & Export Co., Ltd ...... Shandong Jinqiu Wood Co., Ltd ...... 57.36 57.07 Shandong Shengdi International Trading Co., Ltd ...... Qufu Shengda Wood Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Jinghua Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Lianbang Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Huada Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Laite Board Factory ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Yuqiao Board Factory ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Feixian Huafeng Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Xuzhou Shuangxingyuan Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Youcheng Jiafu Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Lanshan Jinhao Board Factory ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Siyang Dazhong Wood Product Factory ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Binzhou Yongsheng Artificial Board Industrial Trade 57.36 57.07 Co., Ltd. Shanghai Brightwood Trading Co., Ltd ...... Linyi Senpeng Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Dangshan County Weidi Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Yutai County Zezhong Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Huasheng Yongbin Wood Co., Ltd ...... 57.36 57.07 Shanghai Brightwood Trading Co., Ltd ...... Linyi Hengan Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Jinghua Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Lianbang Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Huada Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Jinkun Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Yuqiao Board Factory ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Laite Board Factory ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Tuopu Zhixin Wooden Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Feixian Huafeng Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Xuzhou Shuangxingyuan Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Youcheng Jiafu Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Shandong Qingyuan Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Lanshan Jinhao Board Factory ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Lanshan Fubai Wood Industry Board Factory ..... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Siyang Dazhong Wood Product Factory ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Binzhou Yongsheng Artificial Board Industrial Trade 57.36 57.07 Co., Ltd. Shanghai Futuwood Trading Co., Ltd ...... Shandong Jinqiu Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Senpeng Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Xuzhou Heng’an Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Dangshan Weidi Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Fengxian Jihe Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Yutai Zezhong Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Huasheng Yongbin Wood Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Kaifeng Wood Board Factory ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Mingda Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Yangxin County Xintong Decorative Materials Co., Ltd 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Pingyi County Zhongli Wood Products Factory ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Pingyi County Yuxin Board Factory ...... 57.36 57.07 Shanghai Futuwood Trading Co., Ltd ...... Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07 Shanghai Luli Trading Co., Ltd ...... Feixian Wanda Wood Factory ...... 57.36 57.07 Shanghai Luli Trading Co., Ltd ...... Shandong Huaxin Jiasheng Wood Co., Ltd ...... 57.36 57.07 Shanghai Luli Trading Co., Ltd ...... Feixian Xinhe Wood Co., Ltd ...... 57.36 57.07 Shanghai Luli Trading Co., Ltd ...... Xuzhou Yujinfang Wood Co., Ltd ...... 57.36 57.07 Shanghai Luli Trading Co., Ltd ...... Linyi Huifeng Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai S&M Trade Co., Ltd ...... LinYi Celtic Wood Co., Ltd ...... 57.36 57.07 Shanghai S&M Trade Co., Ltd ...... Linyi Lanshan District Jinhao Wood Factory ...... 57.36 57.07 Shanghai S&M Trade Co., Ltd ...... Jiangsu Shuren Wood Industry Co., Ltd ...... 57.36 57.07 Shanghai S&M Trade Co., Ltd ...... Jiangsu Sending Wood Industry Co., Ltd ...... 57.36 57.07 Smart Gift International ...... LinYi Celtic Wood Co., Ltd ...... 57.36 57.07 Smart Gift International ...... Linyi Lanshan District Jinhao Wood Factory ...... 57.36 57.07 Smart Gift International ...... Jiangsu Shuren Wood Industry Co., Ltd ...... 57.36 57.07 Smart Gift International ...... Jiangsu Sending Wood Industry Co., Ltd ...... 57.36 57.07 Suining Pengxiang Wood Co., Ltd ...... Suining Pengxiang Wood Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Suqian Huilin Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Shandong Junxing Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Linyi Longxin Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Linyi Xicheng Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Feixian County Mingda Multilayered Board Factory .... 57.36 57.07 Sumec International Technology Co., Ltd ...... Linyi Celtic Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Shandong Haote Decorative Materials Co., Ltd ...... 57.36 57.07

VerDate Sep<11>2014 19:21 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\23JNN1.SGM 23JNN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 28634 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Notices

Estimated weighted- average Cash deposit Exporter Producer dumping rate margin (percent) (percent)

Sumec International Technology Co., Ltd ...... Linyi City Lanshan District Linyu Board Factory ...... 57.36 57.07 Sumec International Technology Co., Ltd...... Linyi City Lanshan District Xiangfeng Decorative 57.36 57.07 Board Factory. Sumec International Technology Co., Ltd ...... Linyi City Baoshan Board Factory ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Feixian Xingying Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Fengxian Jihe Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Xuzhou Jiangshan Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Xuzhou Senyuan Wood Products Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Xuzhou Jinguoyuan Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Xuzhou Chunyiyang Wood Industry Co., Ltd ...... 57.36 57.07 Sumec International Technology Co., Ltd ...... Zibo Sumaida Wood Industry Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Xuzhou Henglin Wood Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Qufu Shengda Wood Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Pizhou Xuexin Wood Products Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Pizhou Jiangshan Wood Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Shandong Union Wood Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Linyi City Lanshan District Fubo Wood Factory ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Suzhou Dongsheng Wood Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Linyi Jiahe Wood Industry Co., Ltd ...... 57.36 57.07 Suqian Hopeway International Trade Co., Ltd ...... Linyi Dahua Wood Co., Ltd ...... 57.36 57.07 Suzhou Dongsheng Wood Co., Ltd ...... Suzhou Dongsheng Wood Co., Ltd ...... 57.36 57.07 Suzhou Fengshuwan Import and Exports Trade Co., Xuzhou Henglin Wood Co., Ltd ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Qufu Shengda Wood Co., Ltd ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Pizhou Xuexin Wood Products Co., Ltd ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Pizhou Jiangshan Wood Co. Ltd ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Shandong Union Wood Co. Ltd ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Linyi City Lanshan District Fubo Wood Factory ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Suzhou Dongsheng Wood Co., Ltd ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Linyi Jiahe Wood Industry Co., Ltd ...... 57.36 57.07 Ltd. Suzhou Fengshuwan Import and Exports Trade Co., Linyi Dahua Wood Co., Ltd ...... 57.36 57.07 Ltd. Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Tiancai Timber Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Lingyi Huasheng Yongbin Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Xicheng Wood Products Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Longxin Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Oriental Fuchao Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Qianfeng Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Feixian Wanda Wood Factory ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Shandong Union Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Shandong Jinqiu Wood Corporation ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Yinhe Machinery Chemical Limited Company of 57.36 57.07 Shandong Province. Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi City Yongsen Wood Corp ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Xuzhou Changcheng Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Pizhou Fushen Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Pizhou Yuanxing Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Xuzhou Yuantai Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Xuzhou Hongfu Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Feng County Shuangxingyuan Wood ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Anhui Fuyang Qinglin Wood Products Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Dahua Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Juxian Dechang Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Feixian Jinhao Wood Board Plant ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Siyang Dahua Plywood Plant ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Lanshan District Fubo Woods Factory ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Xuzhou Deheng Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Kaifeng Wood Board Factory ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Zhenyuan Wood Products Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Xuzhou Weilin Wood Co., Ltd ...... 57.36 57.07

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Estimated weighted- average Cash deposit Exporter Producer dumping rate margin (percent) (percent)

Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Tianlu Wood Board Factory ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Baoshan Board Factory ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Xinyi Chaohua Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Pizhou Jinguoyuan Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Feng County Jihe Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Dangshan County Weidi Wood Co., Ltd ...... 57.36 57.07 Suzhou Oriental Dragon Import and Export Co., Ltd ... Zhucheng Runheng Industrial and Trading Co., Ltd .... 57.36 57.07 Xuzhou Amish Import & Export Trade Co., Ltd ...... Xuzhou Amish Import & Export Trade Co., Ltd ...... 57.36 57.07 Xuzhou Andefu Wood Co., Ltd ...... Fengxian Fangyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Baoqi Wood Product Co., Ltd ...... Linyi Jinghai Board Plant ...... 57.36 57.07 Xuzhou Baoqi Wood Product Co., Ltd ...... Linyi Lanshan Yulin Board Plant ...... 57.36 57.07 Xuzhou Dilun Wood Co. Ltd ...... Xuzhou Dilun Wood Co. Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Xuzhou Longyuan Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi Changcheng Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Feixian Jinde Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Suzhou Dongsheng Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Fengxian Fangyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Xuzhou City Hengde Wood Products Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Pizhou Jiangshan Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi Huasheng Yongbin Wood Corp ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Pizhou Jinguoyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi Renlin Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Binzhou Yongsheng Artificial Board Industrial & Train- 57.36 57.07 ing Co., Ltd. Xuzhou DNT Commercial Co., Ltd ...... Xuzhou Zhongcai Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Anhui Xinyuanda Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Shandong Lianbang Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi Xinrui Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Shandong Huashi Lvyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Xuzhou Fuyu Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi Dazhong Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Shandong Junxing Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi City Lanshan District Linyu Plywood Factory ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi City Dongfang Fuchao Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi Dahua Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Linyi Qianfeng Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Xuzhou Zhongtong Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Shandong Oufan Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Shandong Jubang Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Xuzhou Changcheng Wood Products Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Feixian Jinhao Wood Board Plant ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Feixian Huafeng Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Dhanshan County Weidi Wood Co., Ltd ...... 57.36 57.07 Xuzhou DNT Commercial Co., Ltd ...... Xuzhou Hongmei Wood Development Co., Ltd ...... 57.36 57.07 Xuzhou Eastern Huatai International Trading Co., Ltd Xuzhou Well-Done Wood Co., Ltd ...... 57.36 57.07 Xuzhou Eastern Huatai International Trading Co., Ltd Linyi Longxin Wood Co., Ltd ...... 57.36 57.07 Xuzhou Eastern Huatai International Trading Co., Ltd Linyi Xicheng Wood Co., Ltd ...... 57.36 57.07 Xuzhou Eastern Huatai International Trading Co., Ltd Xuzhou Hongfu Wood Co., Ltd ...... 57.36 57.07 Xuzhou Eastern Huatai International Trading Co., Ltd Oufan Wooden Products Shandong Co., Ltd ...... 57.36 57.07 Xuzhou Eastern Huatai International Trading Co., Ltd Dangshan Weidi Wood Co., Ltd ...... 57.36 57.07 Xuzhou Eastern Huatai International Trading Co., Ltd Xu Zhou Chang Cheng Wood Co, Ltd ...... 57.36 57.07 Xuzhou Hansun Import & Export Co. Ltd ...... XuZhou Zhongyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Jiangheng Wood Products Co., Ltd ...... Xuzhou Jiangheng Wood Products Co., Ltd ...... 57.36 57.07 Xuzhou Jiangyang Wood Industries Co., Ltd ...... Xuzhou Jiangyang Wood Industries Co., Ltd ...... 57.36 57.07 Xuzhou Longyuan Wood Industry Co., Ltd ...... Xuzhou Longyuan Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou Maker’s Mark Building Materials Co., Ltd ...... Xuzhou Qinglin Wood Co., Ltd ...... 57.36 57.07 Xuzhou Maker’s Mark Building Materials Co., Ltd ...... Xuzhou Maomei Wood Co., Ltd ...... 57.36 57.07 Xuzhou Maker’s Mark Building Materials Co., Ltd ...... Suzhou Jiakaide Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Xuzhou Longyuan Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi Changcheng Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Feixian Jinde Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Suzhou Dongsheng Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Fengxian Fangyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Xuzhou City Hengde Wood Products Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Pizhou Jiangshan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi Huasheng Yongbin Wood Corp ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Pizhou Jinguoyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07

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Estimated weighted- average Cash deposit Exporter Producer dumping rate margin (percent) (percent)

Xuzhou Pinlin International Trade Co., Ltd ...... Linyi Renlin Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Binzhou Yongsheng Artificial Board Industrial & Train- 57.36 57.07 ing Co., Ltd. Xuzhou Pinlin International Trade Co., Ltd ...... Xuzhou Zhongcai Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Anhui Xinyuanda Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Shandong Lianbang Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi Xinrui Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Shandong Huashi Lvyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Xuzhou Fuyu Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi Dazhong Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Shandong Junxing Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi City Lanshan District Linyu Plywood Factory ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi City Dongfang Fuchao Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi Dahua Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Linyi Qianfeng Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Xuzhou Zhongtong Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Shandong Oufan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Shandong Jubang Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Xuzhou Changcheng Wood Products Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Feixian Jinhao Wood Board Plant ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Feixian Huafeng Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Dhanshan County Weidi Wood Co., Ltd ...... 57.36 57.07 Xuzhou Pinlin International Trade Co., Ltd ...... Xuzhou Hongmei Wood Development Co., Ltd ...... 57.36 57.07 Xuzhou Shenghe Wood Co. Ltd ...... Xuzhou Shenghe Wood Co. Ltd ...... 57.36 57.07 Xuzhou Shengping Imp and Exp Co., Ltd ...... Xuzhou Longyuan Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou Shuiwanxing Trading Co., Ltd ...... Fengxian Jihe Wood Industry Co. Ltd ...... 57.36 57.07 Xuzhou Shuner Import & Export Trade Co. Ltd ...... Pizhou Fushen Wood Co. Ltd ...... 57.36 57.07 Xuzhou Tianshan Wood Co., Ltd ...... Xuzhou Tianshan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Xuzhou Jiangheng Wood Products Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Xuzhou Jiangyang Wood Industries Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Xuzhou Changcheng Wood Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Fengxian Shuangxingyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Linyi Mingzhu Wood Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Linyi City Lanshan District Daqian Wood Board Fac- 57.36 57.07 tory. Xuzhou Timber International Trade Co., Ltd ...... Feixian Hongsheng Wood Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Xuzhou Hongwei Wood Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Pizhou Jinguoyuan Wood Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Linyi Qianfeng Wood Factory ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Linyi Renlin Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Xuzhou Senyuan Wood Products Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Jiangsu Lishun Industrial and Trading Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Pizhou Xuexin Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Feixian Hongjing Board Factory ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Xuzhou Jiaqiang Wood Industry Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Shandong Shelter Forest Products Co., Ltd ...... 57.36 57.07 Xuzhou Timber International Trade Co., Ltd ...... Jiangsu Binsong Wood Co., Ltd ...... 57.36 57.07 Yangzhou Hanov International Co., Ltd ...... Linyi Longxin Wood Co., Ltd ...... 57.36 57.07 Yishui Zelin Wood Made Co., Ltd ...... Yishui Zelin Wood Made Co., Ltd ...... 57.36 57.07 Zhejiang Dehua TB Import & Export Co., Ltd ...... Dehua TB New Decoration Material Co., Ltd ...... 57.36 57.07 Zhejiang Dehua TB Import & Export Co., Ltd ...... Zhangjiagang Jiuli Wood Co., Ltd ...... 57.36 57.07 PRC–WIDE ENTITY 9 ...... 114.72 114.72

examined respondent with a de minimis publication of this notice in the Federal Consistent with section 733(b)(3) of rate has not made sales of subject Register, as discussed below. Further, the Act, the Department disregards de merchandise at LTFV. pursuant to section 733(d)(1)(B) of the minimis rates and preliminarily Act and 19 CFR 351.205(d), the Suspension of Liquidation determines that the individually Department will instruct CBP to require In accordance with section 733(d)(2) a cash deposit equal to the weighted 9 As detailed in the Preliminary Decision of the Act, the Department will direct average amount by which normal value Memorandum, Bayley, a mandatory respondent in this investigation, and certain separate-rate U.S. Customs and Border Protection exceeds U.S. price, as indicated in the respondents did not demonstrate that they were (CBP) to suspend liquidation of subject chart above as follows: (1) For the entitled to a separate rate. Accordingly, we consider merchandise as described in the scope producer/exporter combinations listed these companies to be part of the PRC-wide entity. of the investigation section entered, or in the table above, the cash deposit rate As discussed below, we have made an affirmative critical circumstances determination with regard to withdrawn from warehouse, for is equal to the estimated weighted- the PRC-wide entity. consumption on or after the date of average dumping margin listed for that

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combination in the table; (2) for all from the producer/exporter Public Comment combinations of PRC producers/ combinations identified in this Case briefs or other written comments exporters of merchandise under paragraph that were entered, or may be submitted to the Assistant consideration that have not established withdrawn from warehouse, for Secretary for Enforcement and eligibility for their own separate rates, consumption on or after the date which Compliance no later than seven days the cash deposit rate will be equal to the is 90 days before the publication of this after the date on which the last final estimated weighted-average dumping notice. verification report is issued in this margin established for the PRC-wide To determine the cash deposit rate, investigation. Rebuttal briefs, limited to entity; and (3) for all third-country the Department normally adjusts the issues raised in case briefs, may be exporters of merchandise under estimated weighted-average dumping submitted no later than five days after consideration not listed in the table margin by the amount of domestic the deadline date for case briefs.10 above, the cash deposit rate is the cash subsidy pass-through and export Pursuant to 19 CFR 351.309(c)(2) and deposit rate applicable to the PRC subsidies determined in a companion (d)(2), parties who submit case briefs or producer/exporter combination that CVD proceeding when CVD provisional rebuttal briefs in this investigation are supplied that third-country exporter. measures are in effect. Accordingly, encouraged to submit with each Because the estimated weighted- where the Department has made a argument: (1) A statement of the issue; average dumping margin for the Linyi preliminary affirmative determination (2) a brief summary of the argument; Dongfangjuxin Wood Co., Ltd./Linyi for domestic subsidy pass-through or and (3) a table of authorities. Chengen Import and Export Co., Ltd. export subsidies, the Department has Pursuant to 19 CFR 351.310(c), combination is zero or de minimis (i.e., offset the calculated estimated interested parties who wish to request a less than 0.5 percent), the Department is weighted-average dumping margin by hearing, limited to issues raised in the directing CBP not to suspend the appropriate rate(s). Any such case and rebuttal briefs, must submit a liquidation of entries of subject adjusted rates may be found in the written request to the Assistant merchandise from this producer/ Preliminary Determination Section’s Secretary for Enforcement and exporter combination. Entries of subject chart of estimated weighted-average Compliance, U.S. Department of merchandise from this exporter dumping margins above. Commerce, within 30 days after the date supplied by any other producer, or from Should provisional measures in the of publication of this notice. Requests this producer that supplied any other companion CVD investigation expire should contain the party’s name, exporter, or from third-country prior to the expiration of provisional address, and telephone number, the exporters that sourced from the measures in this LTFV investigation, the number of participants, whether any excluded producer/exporter Department will direct CBP to begin participant is a foreign national, and a combination, are not entitled to this collecting cash deposits at a rate equal list of the issues to be discussed. If a exclusion from suspension of to the estimated weighted-average request for a hearing is made, the liquidation and are subject to the dumping margins calculated in this Department intends to hold the hearing provisional measures at the cash deposit preliminary determination unadjusted at the U.S. Department of Commerce, rate established for the PRC-wide entity. for the passed-through domestic 1401 Constitution Avenue NW., Should the final estimated weighted- subsidies or for export subsidies at the Washington, DC 20230, at a time and average dumping margin be zero or de time the CVD provisional measures date to be determined. Parties should minimis for the producer/exporter expire. confirm by telephone the date, time, and combination identified above, entries of These suspension of liquidation location of the hearing two days before merchandise from this producer/ instructions will remain in effect until the scheduled date. exporter combinations will be excluded further notice. from the order. Such exclusion(s) will Final Determination Disclosure not be applicable to merchandise Section 735(a)(1) of the Act and 19 exported to the United States by any The Department intends to disclose to CFR 351.210(b)(1) provide that the other producer/exporter combinations interested parties the calculations Department will issue the final or by third-country exporters that performed in connection with this determination within 75 days after the sourced from the excluded producer/ preliminary determination within five date of its preliminary determination. exporter combination. days of its public announcement or, if Accordingly, the Department will make Section 733(e)(2) of the Act provides there is no public announcement, its final determination no later than 75 that, given an affirmative determination within five days of the date of days after the signature date of this of critical circumstances, any publication of this notice in accordance preliminary determination. suspension of liquidation shall apply to with 19 CFR 351.224(b). unliquidated entries of merchandise International Trade Commission entered, or withdrawn from warehouse, Verification Notification for consumption on or after the later of As provided in section 782(i)(1) of the In accordance with section 733(f) of (a) the date which is 90 days before the Act, the Department intends to verify the Act, the Department will notify the date on which the suspension of information provided by mandatory International Trade Commission (ITC) of liquidation was first ordered, or (b) the respondent Linyi Chengen Import and its preliminary determination of sales at date on which notice of initiation of the Export Co., Ltd. that it relied upon in LTFV. If the final determination is investigation was published. The making its final determination. Because affirmative, the ITC will determine Department preliminarily finds that mandatory respondent Shandong before the later of 120 days after the date critical circumstances exist for imports Dongfang Bayley Wood Co., Ltd. did not of this preliminary determination or 45 of subject merchandise from the PRC- provide information requested by the days after the final determination wide entity, as discussed above. Department and the Department whether imports of the subject In accordance with section preliminarily determines that it has merchandise are materially injuring, or 733(e)(2)(A) of the Act, the suspension been uncooperative, verification will of liquidation shall apply to all not be conducted for Shandong 10 See 19 CFR 351.309; see also 19 CFR 351.303 unliquidated entries of merchandise Dongfang Bayley Wood Co., Ltd. (for general filing requirements).

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threaten material injury to, the U.S. (overall thickness, thickness of face veneer, accessory parts (e.g., screws, washers, industry. thickness of back veneer, thickness of core, dowels, nails, handles, knobs, adhesive thickness of inner veneers, width, or length). glues) required to assemble a finished unit of Notification to Interested Parties However, the most common panel sizes of furniture, and (3) instructions providing This determination is issued and hardwood and decorative plywood are 1219 guidance on the assembly of a finished unit x 1829 mm (48 x 72 inches), 1219 x 2438 mm of furniture; (B) unassembled bathroom published in accordance with sections (48 x 96 inches), and 1219 x 3048 mm (48 vanity cabinets, having a space for one or 733(f) and 777(i)(1) of the Act and 19 x 120 inches). more sinks, that are imported with all CFR 351.205(c). Subject merchandise also includes unassembled hardwood and hardwood Dated: June 16, 2017. hardwood and decorative plywood that has plywood components that have been cut-to- been further processed in a third country, final dimensional component shape/size, Ronald K. Lorentzen, including but not limited to trimming, painted or stained prior to importation, and Acting Assistant Secretary for Enforcement cutting, notching, punching, drilling, or any stacked within a singled shipping package, and Compliance. other processing that would not otherwise except for furniture feet which may be Appendix I remove the merchandise from the scope of packed and shipped separately; or (C) the investigation if performed in the country unassembled bathroom vanity linen closets Scope of the Investigation of manufacture of the in-scope product. that are imported with all unassembled The merchandise subject to this The scope of the investigation excludes the hardwood and hardwood plywood investigation is hardwood and decorative following items: (1) Structural plywood (also components that have been cut-to-final plywood, and certain veneered panels as known as ‘‘industrial plywood’’ or dimensional shape/size, painted or stained described below. For purposes of this ‘‘industrial panels’’) that is manufactured to prior to importation, and stacked within a proceeding, hardwood and decorative meet U.S. Products Standard PS 1–09, PS 2– single shipping package, except for furniture plywood is defined as a generally flat, 09, or PS 2–10 for Structural Plywood feet which may be packed and shipped multilayered plywood or other veneered (including any revisions to that standard or separately. panel, consisting of two or more layers or any substantially equivalent international Excluded from the scope of this plies of wood veneers and a core, with the standard intended for structural plywood), investigation are kitchen cabinets that, at the face and/or back veneer made of non- and which has both a face and a back veneer time of importation, are fully assembled and coniferous wood (hardwood) or bamboo. The of coniferous wood; (2) products which have are ready for their intended uses. Also veneers, along with the core may be glued or a face and back veneer of cork; (3) excluded from the scope of this investigation otherwise bonded together. Hardwood and multilayered wood flooring, as described in are RTA kitchen cabinets. RTA kitchen decorative plywood may include products the antidumping duty and countervailing cabinets are defined as kitchen cabinets that meet the American National Standard for duty orders on Multilayered Wood Flooring packaged for sale for ultimate purchase by an Hardwood and Decorative Plywood, ANSI/ from the People’s Republic of China, Import end-user that, at the time of importation, HPVA HP–1–2016 (including any revisions Administration, International Trade includes (1) all wooden components (in to that standard). Administration. See Multilayered Wood finished form) required to assemble a For purposes of this investigation a Flooring from the People’s Republic of China, finished unit of cabinetry, (2) all accessory ‘‘veneer’’ is a slice of wood regardless of 76 FR 76690 (December 8, 2011) (amended parts (e.g., screws, washers, dowels, nails, thickness which is cut, sliced or sawed from final determination of sales at less than fair handles, knobs, hooks, adhesive glues) a log, bolt, or flitch. The face and back value and antidumping duty order), and required to assemble a finished unit of veneers are the outermost veneer of wood on Multilayered Wood Flooring from the cabinetry, and (3) instructions providing either side of the core irrespective of People’s Republic of China, 76 FR 76693 guidance on the assembly of a finished unit additional surface coatings or covers as (December 8, 2011) (countervailing duty of cabinetry. described below. order), as amended by Multilayered Wood Excluded from the scope of this The core of hardwood and decorative Flooring from the People’s Republic of China: investigation are finished table tops, which plywood consists of the layer or layers of one Amended Antidumping and Countervailing are table tops imported in finished form with or more material(s) that are situated between Duty Orders, 77 FR 5484 (February 3, 2012); pre-cut or drilled openings to attach the the face and back veneers. The core may be (4) multilayered wood flooring with a face underframe or legs. The table tops are ready composed of a range of materials, including veneer of bamboo or composed entirely of for use at the time of import and require no but not limited to hardwood, softwood, bamboo; (5) plywood which has a shape or further finishing or processing. particleboard, or medium-density fiberboard design other than a flat panel, with the Excluded from the scope of this (MDF). exception of any minor processing described investigation are finished countertops that All hardwood plywood is included within above; (6) products made entirely from are imported in finished form and require no the scope of this investigation regardless of bamboo and adhesives (also known as ‘‘solid further finishing or manufacturing. whether or not the face and/or back veneers bamboo’’); and (7) Phenolic Film Faced Excluded from the scope of this are surface coated or covered and whether or Plyform (PFF), also known as Phenolic investigation are laminated veneer lumber not such surface coating(s) or covers obscures Surface Film Plywood (PSF), defined as a door and window components with (1) a the grain, textures, or markings of the wood. panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’ maximum width of 44 millimeters, a Examples of surface coatings and covers bond classification as is defined by The thickness from 30 millimeters to 72 include, but are not limited to: Ultra violet Engineered Wood Association, having an millimeters, and a length of less than 2413 light cured polyurethanes; oil or oil-modified opaque phenolic film layer with a weight millimeters (2) water boiling point exterior or water based polyurethanes; wax; epoxy- equal to or greater than 90g/m3 permanently adhesive, (3) a modulus of elasticity of ester finishes; moisture-cured urethanes; bonded on both the face and back veneers 1,500,000 pounds per square inch or higher, paints; stains; paper; aluminum; high and an opaque, moisture resistant coating (4) finger-jointed or lap-jointed core veneer pressure laminate; MDF; medium density applied to the edges. with all layers oriented so that the grain is overlay (MDO); and phenolic film. Excluded from the scope of this running parallel or with no more than 3 Additionally, the face veneer of hardwood investigation are wooden furniture goods dispersed layers of veneer oriented with the plywood may be sanded; smoothed or given that, at the time of importation, are fully grain running perpendicular to the other a ‘‘distressed’’ appearance through such assembled and are ready for their intended layers; and (5) top layer machined with a methods as hand-scraping or wire brushing. uses. Also excluded from the scope of this curved edge and one or more profile All hardwood plywood is included within investigation is ‘‘ready to assemble’’ (‘‘RTA’’) channels throughout. the scope even if it is trimmed; cut-to-size; furniture. RTA furniture is defined as (A) Imports of hardwood plywood are notched; punched; drilled; or has underwent furniture packaged for sale for ultimate primarily entered under the following other forms of minor processing. purchase by an end-user that, at the time of Harmonized Tariff Schedule of the United All hardwood and decorative plywood is importation, includes (1) all wooden States (HTSUS) subheadings: 4412.10.0500; included within the scope of this components (in finished form) required to 4412.31.0520; 4412.31.0540; 4412.31.0560; investigation, without regard to dimension assemble a finished unit of furniture, (2) all 4412.31.0620; 4412.31.0640; 4412.31.0660;

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4412.31.2510; 4412.31.2520; 4412.31.2610; DEPARTMENT OF COMMERCE accordance with section 751 of the 4412.31.2620; 4412.31.4040; 4412.31.4050; Tariff Act of 1930, as amended (the Act). 4412.31.4060; 4412.31.4075; 4412.31.4080; International Trade Administration 4412.31.4140; 4412.31.4150; 4412.31.4160; Scope of the Order 4412.31.4180; 4412.31.5125; 4412.31.5135; [A–570–983] The products covered by the order 4412.31.5155; 4412.31.5165; 4412.31.5175; include drawn stainless steel sinks. Drawn Stainless Steel Sinks From the 4412.31.5235; 4412.31.5255; 4412.31.5265; Imports of subject merchandise are 4412.31.5275; 4412.31.6000; 4412.31.6100; People’s Republic of China: Final currently classified under the 4412.31.9100; 4412.31.9200; 4412.32.0520; Results of Antidumping Duty Harmonized Tariff Schedule of the 4412.32.0540; 4412.32.0565; 4412.32.0570; Administrative Review and Final United States (HTSUS) subheadings 4412.32.0620; 4412.32.0640; 4412.32.0670; Determination of No Shipments; 2015– 7324.10.0000 and 7324.10.0010. 4412.32.2510; 4412.32.2525; 4412.32.2530; 2016 4412.32.2610; 4412.32.2630; 4412.32.3125; Although the HTSUS subheadings are 4412.32.3135; 4412.32.3155; 4412.32.3165; AGENCY: Enforcement and Compliance, provided for convenience and customs 4412.32.3175; 4412.32.3185; 4412.32.3235; International Trade Administration, purposes, the written description of the 4412.32.3255; 4412.32.3265; 4412.32.3275; Department of Commerce. scope of the order is dispositive.2 4412.32.3285; 4412.32.5600; 4412.32.3235; SUMMARY: On May 5, 2017, the 4412.32.3255; 4412.32.3265; 4412.32.3275; Final Results of Review and Final 4412.32.3285; 4412.32.5700; 4412.94.1030; Department of Commerce (the Determination of No Shipments Department) published the preliminary 4412.94.1050; 4412.94.3105; 4412.94.3111; As noted above, we received no 4412.94.3121; 4412.94.3141; 4412.94.3161; results of the administrative review of the antidumping duty order on drawn comments from interested parties on the 4412.94.3175; 4412.94.4100; 4412.99.0600; Preliminary Results. Therefore, we have 4412.99.1020; 4412.99.1030; 4412.99.1040; stainless steel sinks (drawn sinks) from 4412.99.3110; 4412.99.3120; 4412.99.3130; the People’s Republic of China (PRC). not modified our analysis from that presented in the Preliminary Results, 4412.99.3140; 4412.99.3150; 4412.99.3160; The period of review (POR) is April 1, and no decision memorandum 4412.99.3170; 4412.99.4100; 4412.99.5115; 2015, through March 31, 2016. No accompanies this Federal Register and 4412.99.5710. interested party submitted comments on Imports of hardwood plywood may also notice. As a result, we continue to find the preliminary results. Therefore, for enter under HTSUS subheadings that Dongyuan and Yingao made sales of the final results, we continue to find 4412.39.4011; 4412.39.4012; 4412.39.4019; subject merchandise at less than NV that Guangdong Dongyuan Kitchenware 4412.39.4031; 4412.39.4032; 4412.39.4039; during the POR. In addition, we Industrial Co., Ltd. (Dongyuan) and 4412.39.4051; 4412.39.4052; 4412.39.4059; continue to find that the following ten 4412.39.4061; 4412.39.4062; 4412.39.4069; Guangdong Yingao Kitchen Utensils Co. companies which were not selected for 4412.39.5010; 4412.39.5030; 4412.39.5050; Ltd. (Yingao) made sales at of subject individual examination are eligible for a 4412.99.6000; 4412.99.7000; 4412.99.8000; merchandise at prices below normal 4412.99.9000; 4412.10.9000; 4412.94.5100; separate rate: Feidong Import and value (NV) during the period of review Export Co., Ltd.; Ningbo Afa Kitchen 4412.94.9500; and 4412.99.9500. While the (POR). We also continue to grant HTSUS subheadings are provided for and Bath Co., Ltd.; Xinhe Stainless Steel convenience and customs purposes, the separate rates to ten companies which Products Co., Ltd.; KaiPing Dawn written description of the scope of this demonstrated eligibility for separate rate Plumbing Products, Inc.; Jiangmen investigation is dispositive. status but were not selected for Hongmao Trading Co., Ltd.; Jiangmen individual examination. Finally, we New Star Hi-Tech Enterprise Ltd.; Appendix II continue to find that New Shichu Foshan Zhaoshun Trade Co., Ltd; Import and Export Company Limited List of Topics Discussed in the Preliminary Zhuhai KOHLER Kitchen & Bathroom Decision Memorandum (New Shichu) made no shipments of Products Co., Ltd.; B&R Industries subject merchandise during the POR. I. Summary Limited; and Zhongshan Superte II. Background DATES: Effective June 23, 2017. Kitchenware Co., Ltd. Finally, we III. Period of Investigation FOR FURTHER INFORMATION CONTACT: continue to find that New Shichu made IV. Scope Comments Terre Keaton Stefanova or Rebecca Janz, no shipments of subject merchandise V. Selection of Respondents AD/CVD Operations, Office II, during the POR. VI. Preliminary Determination of Critical Enforcement and Compliance, For further discussion of the issues Circumstances, In Part International Trade Administration, addressed in this proceeding, see the VII. Scope of the Investigation U.S. Department of Commerce, 1401 Preliminary Results and accompanying VIII. Discussion of the Methodology Preliminary Decision Memorandum. We A. Non-Market Economy Country Constitution Avenue NW., Washington, B. Surrogate Country and Surrogate Values DC 20230; telephone: (202) 482–1280 or are assigning the following weighted- Comments (202) 482–2972, respectively. average dumping margins to the respondents for the period April 1, C. Separate Rates SUPPLEMENTARY INFORMATION: On May 5, D. Combination Rates 2017, the Department published the 2015, through March 31, 2016: E. Affiliation Preliminary Results.1 The POR is April F. The PRC-wide Entity Weighted- G. Application of Facts Available and 1, 2015, through March 31, 2016. We average Adverse Inferences invited parties to comment on the Exporter dumping H. Date of Sale Preliminary Results; none were margins (percent) I. Comparisons to Fair Value submitted. The Department conducted IX. Currency Conversion this administrative review in B&R Industries, Ltd.* ...... 1.78 X. Export Subsidy Adjustment Feidong Import & Export Co., XI. Adjustment Under Section 777(A)(F) of 1 See Drawn Stainless Steel Sinks from the Ltd.* ...... 1.78 the Act People’s Republic of China: Preliminary Results of Foshan Zhaoshun Trade XII. Disclosure and Public Comment the Antidumping Duty Administrative Review and Co., Ltd.* ...... 1.78 XIII. Verification Preliminary Determination of No Shipments; 2015– Guangdong Dongyuan Kitch- XIV. Conclusion 2016, 82 FR 21192 (May 5, 2017) (Preliminary enware Industrial Co., Ltd. 1.80 Results), and accompanying Preliminary Decision [FR Doc. 2017–13125 Filed 6–22–17; 8:45 am] Memorandum, for a full description of the scope of BILLING CODE 3510–DS–P the order. 2 Id.

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Weighted- The Department has refined its occurred and the subsequent assessment average assessment practice in NME cases. of double antidumping duties. Exporter dumping Pursuant to this refinement in practice, Notification Regarding Administrative margins for entries that were not reported in the (percent) Protective Order U.S. sales databases submitted by Guangdong Yingao Kitchen Dongyuan or Yingao, the Department This notice serves as the only Utensils Co. Ltd...... 1.68 will instruct CBP to liquidate such reminder to parties subject to Jiangmen Hongmao Trading entries at the PRC-wide rate. In administrative protective order (APO) of Co., Ltd.* ...... 1.78 addition, because the Department their responsibility concerning the Jiangmen New Star Hi-Tech determined that New Shichu had no disposition of proprietary information Enterprise Ltd.* ...... 1.78 shipments of the subject merchandise, disclosed under APO in accordance KaiPing Dawn Plumbing any suspended entries of subject Products, Co., Ltd.* ...... 1.78 with 19 CFR 351.305(a)(3). Timely Nigbo Afa Kitchen and Bath merchandise from New Shichu will be written notification of return/ 3 Co., Ltd.* ...... 1.78 liquidated at the PRC-wide rate. destruction of APO materials or Xinhe Stainless Steel Prod- Cash Deposit Requirements conversion to judicial protective order is ucts Co., Ltd.* ...... 1.78 hereby requested. Failure to comply Zhongshan Superte Kitchen- The following cash deposit with the regulations and the terms of an ware Co., Ltd.* ...... 1.78 requirements will be effective upon APO is a sanctionable violation. Zhuhai KOHLER Kitchen & publication of the final results of this Bathroom Products, Co., administrative review for all shipments Notification to Interested Parties Ltd.* ...... 1.78 of the subject merchandise from the PRC We are issuing and publishing this * This company demonstrated that it quali- entered, or withdrawn from warehouse, notice in accordance with sections fied for a separate rate in this administrative for consumption on or after the 751(a)(1) and 777(i) of the Act and 19 review. We assigned this company a rate publication date, as provided for by CFR 351.213(h). which is the average of the weighted-average section 751(a)(2)(C) of the Act: (1) For dumping margins assigned to Dongyuan and Dated: June 19, 2017. Yingao. See the Preliminary Results and the the companies listed above that have a accompanying Preliminary Decision separate rate, the cash deposit rate will Gary Taverman, Memorandum. be that rate established in the final Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Assessment Rates results of this review (except, if the rate is zero or de minimis, then a cash [FR Doc. 2017–13121 Filed 6–22–17; 8:45 am] Pursuant to section 751(a)(2)(C) of the deposit rate of zero will be established BILLING CODE 3510–DS–P Act and 19 CFR 351.212(b), the for that company); (2) for previously Department determined, and U.S. investigated or reviewed PRC and non- Customs and Border Protection (CBP) PRC exporters that received a separate DEPARTMENT OF COMMERCE shall assess, antidumping duties on all rate in a prior segment of this appropriate entries of subject proceeding, the cash deposit rate will International Trade Administration merchandise in accordance with the continue to be the existing exporter- final results of this review. The specific rate; (3) for all PRC exporters of [A–533–808] Department intends to issue appropriate subject merchandise that have not been assessment instructions directly to CBP found to be entitled to a separate rate, Certain Stainless Steel Wire Rod From 15 days after publication of the final the cash deposit rate will be the rate for India: Continuation of Antidumping results of this administrative review. the PRC-wide entity, which is 76.45 Duty Order For Dongyuan and Yingao, which percent; and (4) for all non-PRC AGENCY: Enforcement and Compliance, have above weighted-average dumping exporters of subject merchandise which International Trade Administration, margins above zero or de minimis (i.e., have not received their own rate, the Department of Commerce. less than 0.5 percent), we calculated cash deposit rate will be the rate importer- (or customer-) specific per- applicable to the PRC exporter(s) that SUMMARY: As a result of the unit duty assessment rates based on the supplied that non-PRC exporter. These determinations by the Department of ratio of the total amount of dumping deposit requirements, when imposed, Commerce (the Department) and the calculated for the importer’s (or shall remain in effect until further International Trade Commission (ITC) customer’s) examined sales to the total notice. that revocation of the antidumping duty sales quantity associated with those order on certain stainless steel wire rods sales, in accordance with 19 CFR Notification to Importers (wire rods) from India would likely lead 351.212(b)(1). Where either the This notice serves as the only to continuation or recurrence of respondents’ weighted-average dumping reminder to importers of their dumping and material injury to an margin is zero or de minimis, or an responsibility, under 19 CFR industry in the United States, the importer-(or customer-) specific 351.402(f)(2), to file a certificate Department is publishing a notice of assessment rate is zero or de minimis, regarding the reimbursement of continuation of the antidumping duty we will instruct CBP to liquidate the antidumping duties prior to liquidation order. appropriate entries without regard to of the relevant entries during this DATES: Effective June 23, 2017. antidumping duties. review period. Failure to comply with For the respondents which were not this requirement could result in the FOR FURTHER INFORMATION CONTACT: selected for individual examination in Secretary’s presumption that Andre Gziryan, AD/CVD Operations, this administrative review and which reimbursement of antidumping duties Office I, Enforcement and Compliance, qualified for a separate rate, the International Trade Administration, assessment rate is equal to the average 3 For a full discussion of this practice, see Non- U.S. Department of Commerce, 1401 of the weighted-average dumping Market Economy Antidumping Proceedings: Constitution Avenue NW., Washington, Assessment of Antidumping Duties, 76 FR 65694 DC 20230; telephone (202) 482–2201. margins assigned to Dongyuan and (October 24, 2011) (NME Antidumping Yingao, or 1.78 percent. Proceedings). SUPPLEMENTARY INFORMATION:

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Background 7221.00.0018, 7221.00.0030, DEPARTMENT OF COMMERCE On December 1, 1993, the Department 7221.00.0045, and 7221.00.0075 of the International Trade Administration published the AD order on wire rods Harmonized Tariff Schedule of the from India.1 On December 1, 2016, the United States (HTSUS).6 Although the [C–533–874; C–570–059] Department published the notice of HTSUS subheadings are provided for initiation of the fourth sunset review of convenience and customs purposes, the Certain Cold-Drawn Mechanical Tubing the antidumping duty order on wire written description of the merchandise of Carbon and Alloy Steel From India rods from India, pursuant to section subject to the order is dispositive. and the People’s Republic of China: 751(c) of the Tariff Act of 1930, as Postponement of Preliminary amended (the Act).2 On December 1, Continuation of the Order Determinations of Countervailing Duty Investigations 2016, the ITC instituted its review of the As a result of the determinations by antidumping duty order on wire rods the Department and the ITC that AGENCY: Enforcement and Compliance, 3 from India. revocation of the antidumping duty International Trade Administration, As a result of this sunset review, the order would likely lead to continuation Department of Commerce. Department determined that revocation or recurrence of dumping and material DATES: Effective June 23, 2017. of the antidumping duty order on wire FOR FURTHER INFORMATION CONTACT: rods from India would be likely to lead injury to an industry in the United to continuation or recurrence of States, pursuant to section 751(d)(2) of Ryan Mullen at (202) 482–5620 (India); dumping and notified the ITC of the the Act, the Department hereby orders Mandy Mallott and Alex Rosen, (202) magnitude of the margins likely to the continuation of the antidumping 482–6430 and (202) 482–7814, respectively (the People’s Republic of prevail should the order be revoked.4 duty order on wire rods from India. China), AD/CVD Operations, On June 6, 2017, pursuant to sections U.S. Customs and Border Protection 751(c) and 752(a) of the Act, the ITC Enforcement and Compliance, will continue to collect antidumping International Trade Administration, determined that revocation of the duty cash deposits at the rates in effect antidumping duty order on wire rods U.S. Department of Commerce, 1401 at the time of entry for all imports of Constitution Avenue NW., Washington, from India would be likely to lead to subject merchandise. The effective date continuation or recurrence of material DC 20230. of continuation of this order will be the SUPPLEMENTARY INFORMATION: injury to an industry in the United date of publication in the Federal States within a reasonably foreseeable Register of this notice of continuation. Background time.5 Pursuant to section 751(c)(2) of the Act, On May 9, 2017, the Department of Scope of the Order the Department intends to initiate the Commerce (Department) initiated The merchandise covered by the next five-year review of the order not countervailing duty (CVD) antidumping duty order is certain later than 30 days prior to the fifth investigations on certain cold-drawn stainless steel wire rods from India, anniversary of the effective date of mechanical tubing of carbon and alloy which are hot-rolled or hot-rolled continuation. steel (cold-drawn mechanical tubing) annealed and/or pickled rounds, from India and the People’s Republic of This five-year sunset review and this 1 squares, octagons, hexagons or other China (PRC). The notice of initiation notice are in accordance with section stated that, in accordance with section shapes, in coils. Wire rods are made of 751(c) of the Act and published alloy steels containing, by weight, 1.2 703(b)(1) of the Tariff Act of 1930, as pursuant to section 777(i)(1) of the Act, amended (the Act), and 19 CFR percent or less of carbon and 10.5 and 19 CFR 351.218(f)(4). percent or more of chromium, with or 351.205(b)(1), we would issue our without other elements. These products Dated: June 19, 2017. preliminary determinations no later are only manufactured by hot-rolling Gary Taverman, than 65 days after the date of initiation, unless postponed.2 Currently, the and are normally sold in coiled form, Deputy Assistant Secretary for Antidumping preliminary determinations of these and are of solid cross section. The and Countervailing Duty Operations. investigations are due no later than July majority of wire rods sold in the United [FR Doc. 2017–13136 Filed 6–22–17; 8:45 am] 13, 2017. States are round in cross-section shape, BILLING CODE 3510–DS–P annealed, and pickled. The most Postponement of Preliminary common size is 5.5 millimeters in Determination diameter. Section 703(b)(1) of the Act requires The wire rods subject to this order are the Department to issue the preliminary currently classifiable under subheadings determination in a CVD investigation 7221.00.0005, 7221.00.0017, within 65 days after the date on which the Department initiated the 1 Antidumping Duty Order: Certain Stainless investigation. However, if the petitioner Steel Wire Rods From India, 58 FR 63335 (December 1, 1993). makes a timely request for a 2 See Initiation of Five-Year (Sunset) Reviews, 81 postponement, section 703(c)(1)(A) of FR 86697 (December 1, 2016). the Act allows the Department to 3 See Stainless Steel Wire Rod From India; postpone, making the preliminary Institution of a Five-Year Review, 81 FR 86728 6 The merchandise subject to the scope of this determination until no later than 130 (December 1, 2016). order was originally classifiable under all of the 4 See Certain Stainless Steel Wire Rods From days after the date on which the following HTS subheadings: 7221.00.0005, India: Final Results of the Expedited Fourth Sunset Department initiated the investigation. Review of the Antidumping Duty Order, 82 FR 7221.00.0015, 7221.00.0020, 7221.00.0030, 16795 (April 6, 2017). 7221.00.0040, 7221.00.0045, 7221.00.0060, 1 See Certain Cold-Drawn Mechanical Tubing of 5 See Stainless Steel Wire Rod From India, 82 FR 7221.00.0075, and 7221.00.0080. HTSUS Carbon and Alloy Steel from India and the People’s 26943 (June 12, 2017), and ITC Publication entitled subheadings 7221.00.0015, 7221.00.0020, Republic of China: Initiation of Countervailing Duty Stainless Steel Wire Rod From India: Investigation 7221.00.0040, 7221.00.0060, and 7221.00.0080, no Investigations, 82 FR 22486 (May 16, 2017). No. 731–TA–638 (Fourth Review) (June 2017). longer exist. 2 Id.

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On June 14, 2017, ArcelorMittal Atmospheric Administration (NOAA), potential impacts of wind turbine Tubular products, Michigan Seamless Commerce. construction on crustacean populations. Tube, LLC, Plymouth Tube Co. USA, ACTION: Notice; request for comments. Funding for this study has been PTC Alliance Corp., Webco Industries, awarded under the Bureau of Ocean Inc., and Zekelman Industries Inc. SUMMARY: The Assistant Regional Energy Management Award (Grant (collectively, the petitioners), submitted Administrator for Sustainable Fisheries, #M13AC00009). CFRF and URI are timely requests pursuant to section Greater Atlantic Region, NMFS, has requesting exemptions from Federal 703(c)(1)(A) of the Act and 19 CFR made a preliminary determination that lobster regulations on: 351.205(e) to postpone the preliminary an Exempted Fishing Permit application 3 1. Gear specifications at 50 CFR determinations. For the reasons stated from the Commercial Fisheries Research 697.21(c)(2) to allow for closed escape vents; above and because there are no Foundation and the University of Rhode 2. Trap limits for LMA 2, at § 697.19(b), to compelling reasons to deny the requests, Island contains all of the required be exceeded by 80 additional traps per the Department, in accordance with information and warrants further fishing vessel, for a total of 240 additional section 703(c)(1)(A) of the Act, is consideration. The Exempted Fishing traps; postponing the deadline for the Permit would exempt participating 3. Trap tag requirements at § 697.19(j); preliminary determinations to no later commercial fishing vessels from Federal 4. Minimum legal size possession than 130 days after the day on which lobster escape vent, trap limit, and trap restrictions at § 697.20(a)(4); and the investigations were initiated. tag regulations and restrictions on egg- 5. Possession restrictions on berried and standard v-notch females at § 697.20(d) and Accordingly, the Department will issue bearing and v-notched female and (g). the preliminary determinations no later sublegal lobsters for American lobster than September 18, 2017.4 In and Jonah crab research in a designated If the EFP is approved, three active accordance with section 705(a)(1) of the Wind Energy Area. vessels will survey lobsters and Jonah Act and 19 CFR 351.210(b)(1), the Regulations under the Magnuson- crabs at 24 established sampling sites deadline for the final determinations of Stevens Fishery Conservation and within the study area, with an alternate these investigations will continue to be Management Act and the Atlantic vessel available in case of mechanical 75 days after the date of the preliminary Coastal Fisheries Cooperative issues. Each active vessel will fish 8 determinations. Management Act require publication of standard Atlantic large whale-compliant This notice is issued and published this notification to provide interested trawls with 10 traps (6 ventless, 4 pursuant to section 703(c)(2) of the Act parties the opportunity to comment on standard) per trawl, for a total of 80 and 19 CFR 351.205(f)(1). applications for proposed Exempted traps (48 ventless, 32 standard) per Dated: June 19, 2017. Fishing Permits. vessel. One trawl will be deployed at each of the fixed sample sites, and Gary Taverman, DATES: Comments must be received on or before July 10, 2017. fished twice a month from July through Deputy Assistant Secretary for Antidumping November 2017, with a soak time of five and Countervailing Duty Operations. ADDRESSES: You may submit written days. There would never be more than [FR Doc. 2017–13124 Filed 6–22–17; 8:45 am] comments by any of the following 240 additional traps in the water at any BILLING CODE 3510–DS–P methods: time as a result of this project. • Email: [email protected]. During sampling, biological Include in the subject line ‘‘Comments information will be recorded for all DEPARTMENT OF COMMERCE on CFRF/URI SNECVTS EFP.’’ lobsters and up to 10 Jonah crabs from • Mail: John K. Bullard, Regional National Oceanic and Atmospheric each trap, and other bycatch species Administrator, NMFS, Greater Atlantic Administration will also be enumerated, weighed, and Regional Fisheries Office, 55 Great measured. The possession exemptions RIN 0648–XF483 Republic Drive, Gloucester, MA 01930. are required to sample all catch. All Mark the outside of the envelope species will be returned promptly to the Atlantic Coastal Fisheries Cooperative ‘‘Comments on CFRF/URI SNECVTS water after sampling. No catch from this Management Act Provisions; General Exempted Fishing Permit.’’ project will be landed for sale. Provisions for Domestic Fisheries; FOR FURTHER INFORMATION CONTACT: If approved, the applicant may Application for Exempted Fishing Cynthia Hanson, Fishery Management request minor modifications and Permits Specialist, (978) 281–9180, extensions to the EFP throughout the [email protected]. AGENCY: National Marine Fisheries study period. EFP modifications and Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: The extensions may be granted without Commercial Fisheries Research further notice if they are deemed 3 See Petitioners’ Letter re: Certain Mechanical Foundation (CFRF) and the University essential to facilitate completion of the Cold-Drawn Tubing of Carbon and Alloy Steel from of Rhode Island (URI) submitted a proposed research and have minimal India: Request to Postpone Preliminary complete application for an Exempted impacts that do not change the scope or Determination, dated June 14, 2017 (C–533–874); Fishing Permit (EFP) on May 25, 2017, Petitioners’ Letter re: Certain Mechanical Cold- impact of the initially approved EFP Drawn Tubing of Carbon and Alloy Steel from the to conduct commercial fishing activities request. Any fishing activity conducted People’s Republic of China: Request to Postpone that the regulations would otherwise outside the scope of the exempted Preliminary Determination, dated June 14, 2017 (C– restrict. The EFP would authorize four fishing activity would be prohibited. 570–059). vessels (three active and one alternate) 4 Authority: 16 U.S.C. 1801 et seq. The actual deadline is September 16, 2017, to conduct a cooperative ventless trap which is a Saturday. The Department’s practice Dated: June 20, 2017. dictates that where a deadline falls on a weekend survey to determine distribution and or federal holiday, the appropriate deadline is the habitat use of American lobster and Emily H. Menashes, next business day. See Notice of Clarification: Jonah crab in the Rhode Island/ Acting Deputy Director, Office of Sustainable Application of ‘‘Next Business Day’’ Rule for Fisheries, National Marine Fisheries Service. Administrative Determination Deadlines Pursuant Massachusetts Wind Energy Area in to the Tariff Act of 1930, As Amended, 70 FR 24533 Lobster Management Area (LMA) 2. The [FR Doc. 2017–13133 Filed 6–22–17; 8:45 am] (May 10, 2005). study is designed to better understand BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE Mid-Atlantic Fishery Management Dated: June 20, 2017. Council, telephone: (302) 526–5255. Tracey L. Thompson, National Oceanic and Atmospheric Acting Deputy Director, Office of Sustainable SUPPLEMENTARY INFORMATION: The Mid- Administration Fisheries, National Marine Fisheries Service. Atlantic Fishery Management Council is RIN 0648–XF497 developing this Amendment to the [FR Doc. 2017–13152 Filed 6–22–17; 8:45 am] Surfclam and Ocean Quahog (SCOQ) BILLING CODE 3510–22–P Mid-Atlantic Fishery Management Fishery Management Plan (FMP; called Council (MAFMC); Public Meeting Excessive Shares Amendment) to (1) DEPARTMENT OF COMMERCE AGENCY: National Marine Fisheries implement measures that specifically Service (NMFS), National Oceanic and define what constitutes an excessive National Oceanic and Atmospheric Atmospheric Administration (NOAA), share in the SCOQ Individual Fishing Administration Commerce. Quota (ITQ) program, (2) review and if RIN 0648–XF448 ACTION: Notice of scoping meetings, necessary revise goals and objectives in request for comments. the FMP. During the scoping comment Notice of Availability of the Final period, which will include scoping Programmatic Environmental Impact SUMMARY: The Mid-Atlantic Fishery meetings, the public may provide Statement and Restoration Plan To Management Council’s Surfclam and comments on the range of issues and Compensate for Injuries to Natural Ocean Quahog Committee will hold four information that should be considered, Resources in Portland Harbor, Oregon public meetings related to the Excessive including comments related to the Shares Amendment. excessive shares issue in the SCOQ ITQ AGENCY: National Marine Fisheries DATES: Written comments will be fisheries and goals and objectives of the Service (NMFS), National Oceanic and accepted until July 21, 2017. Four FMP, as well as any other issues that Atmospheric Administration (NOAA), scoping meetings will be held during might be of concern regarding to the Commerce. this comment period. For dates, times, management of the SCOQ ITQ fishery. ACTION: Notice of availability of a Final and locations, see SUPPLEMENTARY Additional information and background Programmatic Environmental Impact INFORMATION. documents about the amendment can be Statement and Restoration Plan. ADDRESSES: Written comments may be found at: http://www.mafmc.org/ SUMMARY: In this notice, NMFS actions/scoq-excessive-shares- sent by any of the following methods: announces the availability of the • amendment. Email to the following address: Programmatic Environmental Impact [email protected]; Include ‘‘SCOQ Scoping Meetings Statement and Restoration Plan to Excessive Shares Amendment Scoping Compensate for Injuries to Natural Comments’’ in the subject line. The dates and locations of the scoping • Resources in Portland Harbor, Oregon. Mail or hand deliver to Dr. meetings are as follows: The National Environmental Policy Christopher Moore, Executive Director, • Act (NEPA) of 1960, requires an Mid-Atlantic Fishery Management Monday, July 10, 2017, 6:30 p.m., Hilton Garden Inn Providence Airport, 1 assessment of any Federal action that Council, 800 North State Street, Suite may impact the environment, which, in 201, Dover, Delaware 19901. Mark Thurber Street, Warwick, RI 02886, telephone: (401) 734–9600. this case, is the selection of a outside of the envelope ‘‘SCOQ Restoration Plan. The purpose of the • Tuesday, July 11, 2017, 6:30 p.m., Excessive Shares Amendment Scoping PEIS/RP is to evaluate, in compliance Internet Webinar, Connection Comments.’’ with the National Environmental Policy • FAX to (302) 674–5399; Include information to be available at http:// Act (NEPA), the potential direct, ‘‘SCOQ Excessive Shares Amendment www.mafmc.org. This meeting will be indirect, and cumulative impacts of Scoping Comments’’ in the subject line. conducted via webinar accessible via implementing the alternative • A Web form for submitting the internet from the Council’s Web site, programmatic approaches to restoration comments is available on the Council’s http://www.mafmc.org. Members of the in the Portland Harbor area. Web site: http://www.mafmc.org/ public may also attend in-person at the ADDRESSES: comments/scoq-excessive-shares- Council office address (see ADDRESSES) Obtaining documents: You amendment-scoping. The scoping guide for this webinar meeting, if they contact may download the PEIS/RP at https:// will be posted to the Council’s Web site the Council by July 7, 2017. www.fws.gov/oregonfwo/Contaminants/ PortlandHarbor/Documents/201706_ by June 19, 2017. The scoping guide • Wednesday, July 12, 2017, 6:30 FINAL_PEIS.pdf. Or you may request a may be obtained from the Council office p.m., The Grand Hotel, 1045 Beach at the previously provided address, or CD of the document from Megan Avenue, Cape May, NJ 08204, Callahan Grant, NOAA Restoration by request to the Council by phone (302) telephone: (609) 884–5611. 674–2331, or via the Internet at http:// Center, 1201 NE Lloyd Blvd., Suite • www.mafmc.org. Monday, July 17, 2017, 6 p.m., 1100, Portland, OR 97232. • Comments may also be provided Ocean Pines Branch Library, 1107 FOR FURTHER INFORMATION CONTACT: verbally at any of the four scoping Cathell Road, Berlin, MD 21811, Megan Callahan Grant at (503) 231–2213 meetings. See SUPPLEMENTARY telephone: (410) 208–4014. or email at megan.callahan-grant@ noaa.gov. INFORMATION for dates, times, and Special Accommodations locations. SUPPLEMENTARY INFORMATION: Council address: Mid-Atlantic Fishery These meetings are physically Management Council, 800 N. State accessible to people with disabilities. Background Street, Suite 201, Dover, DE 19901; Requests for sign language NOAA, the Department of the Interior telephone: (302) 674–2331 or on their interpretation or other auxiliary aid (U.S. Fish and Wildlife Service), the Web site at http://www.mafmc.org. should be directed to M. Jan Saunders, Oregon Department of Fish and FOR FURTHER INFORMATION CONTACT: Dr. (302) 526–5251, at least 5 days prior to Wildlife, the Nez Perce Tribe, the Christopher Moore, Executive Director, the meeting date. Confederated Tribes of the Warm

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Springs Indian Reservation of Oregon, and secondary contact activities such as responses to these comments as the Confederated Tribes of the Umatilla swimming and boating; (6) cultural, Appendix F. Indian Reservation, the Confederated spiritual, and religious use; (7) option The Trustee Council has opened an Tribes of Siletz Indians, and the and existence values; (8) traditional Administrative Record (Record). The Confederated Tribes of the Grand Ronde foods. Record includes documents that the Community of Oregon are collectively An Assessment Plan was completed Trustees relied upon during the referred to as the Trustee Council for in June of 2010. Based on this plan, development of the Final Restoration this case. The Comprehensive scientific literature and studies being Plan and Final PEIS. The Record is on Environmental Response, conducted by the Trustee Council seek file at the offices of Parametrix, a Compensation, and Liability Act of 1980 to document injuries from hazardous contractor to NOAA. The Record is also (CERCLA), 42 U.S.C. 9601 et seq.; the substances found in Portland Harbor. available at: http://www.fws.gov/ Oil Pollution Act (OPA) of 1990, 33 The objective of these studies is to oregonfwo/contaminants/ U.S.C. 2701 et seq.; the Clean Water Act demonstrate (1) how the contamination PortlandHarbor/default.asp. (CWA), 33 U.S.C. 1251; the National Oil has harmed the organisms that inhabit and Hazardous Substances Pollution the riverine sediments, (2) how the Next Steps Contingency Plan (National contamination has harmed the fish and In accordance with NEPA, a Federal Contingency Plan [NCP]), 40 CFR 300, wildlife that come into contact with the agency must prepare a concise public Subpart G; Executive Orders 12580 and contaminated sediments or that eat Record of Decision (ROD) at the time the 12777; and other applicable Federal and contaminated prey items, and (3) how agency makes a decision in cases state laws and regulations provide a the harm to the natural resources has involving an EIS (40 CFR 1505.2). The legal framework for addressing injuries impacted the people that use these Trustees will issue a ROD pursuant to to the nation’s natural resources resources. Concurrent with the damage NEPA regulations at 40 CFR 1505.2. resulting from releases of hazardous assessment, the Trustee Council is Accordingly, the ROD for the Final RP/ substances and discharges of oil. conducting restoration planning. PEIS will provide and explain the In January of 2007, the Portland By identifying criteria and guidance Trustees’ decisions regarding the Harbor Trustee Council released a Pre- to be used in selecting feasible selection of a preferred alternative. The Assessment Screen (PAS) for the restoration projects, the Restoration Plan Trustees will issue the ROD no earlier Portland Harbor Superfund site. The provides a framework to maximize the than 30 days after the Environmental PAS concluded that natural resources in benefits of restoration projects to the Protection Agency publishes a notice in the area have been affected or affected resources and services in the the Federal Register announcing the potentially affected from releases or defined areas of the Lower Willamette availability of the Final RP/PEIS (40 discharges of contaminants. Based on River. The Trustee Council analyzed CFR 1506.10). the conclusions of the PAS, the Portland three alternatives including: (1) Harbor Trustee Council determined that (Preferred) integrated habitat restoration Dated: June 15, 2017. proceeding past the pre-assessment actions that will benefit multiple Carrie D. Selberg, phase to a full natural resource damage species and services (those species Deputy Director, Office of Habitat assessment was warranted. listed above as potentially affected by Conservation, National Marine Fisheries Exposed living natural resources releases of hazardous substances, such Service. include, but are not limited to: (1) as salmon and resident fish, mammals [FR Doc. 2017–12953 Filed 6–22–17; 8:45 am] Aquatic-dependent mammals such as such as mink and river otter, and BILLING CODE 3510–22–P mink and river otter, and species they aquatic-dependent birds such as osprey depend on as prey items; (2) migratory and bald eagle); (2) species-specific birds, including osprey, bald eagle, restoration actions (for example, DEPARTMENT OF COMMERCE mergansers and other waterfowl, great augmenting a species population National Oceanic and Atmospheric blue heron, spotted sandpiper and other through artificial production); and (3) a Administration shorebirds, cliff swallow, belted no-action alternative (no action takes kingfisher, and other species; (3) place and the public is not Meeting of the Ocean Exploration threatened and endangered species; (4) compensated). Two additional Advisory Board (OEAB) anadromous and resident fish, including alternatives for restoration were salmon and steelhead; (5) reptiles and considered but not moved forward for AGENCY: Office of Ocean Exploration amphibians; (6) aquatic invertebrates; detailed study because they did not and Research (OER) National Oceanic (7) wapato and other aquatic plants. meet the purpose and need for the and Atmospheric Administration Exposed habitat types and water project. The first was an alternative (NOAA) Department of Commerce natural resources include wetland and without any defined geographic (DOC). upland habitats, groundwater, and boundary, and the second was an ACTION: Notice of public meeting. surface water. The services that are alternative including a requirement that provided by these potentially affected all restoration would occur within the SUMMARY: This notice sets forth the natural resources include, but are not defined geographic area called the schedule and proposed agenda of a limited to: (1) Habitat for trust Superfund Study Area. forthcoming meeting of the Ocean resources, including food, shelter, The Draft Portland Harbor Exploration Advisory Board (OEAB). breeding, foraging, and rearing areas, Programmatic EIS and Restoration Plan OEAB members will discuss and and other factors essential for survival; was released for public comment on provide advice on Federal ocean (2) consumptive commercial resource July 9, 2012. The comment period exploration programs, with a particular use such as commercial fishing; (3) ended October 8, 2012, and a public emphasis on National Oceanic and consumptive recreational resource use Open House meeting was held on July Atmospheric Administration (NOAA) such as hunting and fishing; (4) non- 17, 2012. Office of Ocean Exploration and consumptive uses such as wildlife Comments were received from 21 Research (OER) activities; the use of viewing, photography, and other parties, resulting in 193 individual ocean exploration data by decision outdoor recreation activities; (5) primary comments. The Final PEIS includes makers, including those in the not-for-

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profit organizations and the private comments received after July 3, 2017 —Life History Parameters sector; and other matters as described in will be distributed to the OEAB but may —Buffers Between ABCs and ACLs the agenda found on the OEAB Web site not be reviewed prior to the meeting 10:30 a.m.—Coffee Break at http://oeab.noaa.gov. date. Seats will be available on a first- 10:45 a.m.–12 noon DATES: The announced meeting is come, first-served basis. Separate Meetings of Each DAP scheduled for Tuesday, July 11, 2017 Special Accomodations: These —Year Sequences from 9:00 a.m. to 5:00 p.m. EDT and meetings are physically accessible to —Recommended Buffers Between Wednesday, July 12, 2017 from 9:00 to people with disabilities. Requests for ABC and ACL 5:00 p.m. EDT. sign language interpretation or other 12 p.m.–1:30 p.m.—Lunch Break ADDRESSES: The meeting will be held at auxiliary aids should be directed to 1:30 p.m.–3:30 p.m. Oceaneering Advanced Technologies, David McKinnie, Designated Federal DAPs Continuation of Morning 7001 Dorsey Road, Hanover, Maryland Officer (see below) by July 3, 2017. Discussions 21076. Dated: June 9, 2017. 3:30 p.m.–4:30 p.m. Reports by DAPs Chairs on DAPs FOR FURTHER INFORMATION CONTACT: Mr. David Holst, Discussions and Recommendations David McKinnie, Designated Federal Acting Chief Financial Officer/CAO, Office Officer, Ocean Exploration Advisory of Oceanic and Atmospheric Research, —Conclusion and Recommendations to Board, National Oceanic and National Oceanic and Atmospheric CFMC Atmospheric Administration, 7600 Sand Administration. 4:30 p.m.–5 p.m. Point Way NE., Seattle, WA 98115, (206) [FR Doc. 2017–13200 Filed 6–22–17; 8:45 am] —Other Business 526–6950. BILLING CODE 3510–KA–P The meeting is open to the public, SUPPLEMENTARY INFORMATION: NOAA and will be conducted in English. established the OEAB under the Federal Fishers and other interested persons are Advisory Committee Act (FACA) and DEPARTMENT OF COMMERCE invited to attend and participate with legislation that gives the agency oral or written statements regarding National Oceanic and Atmospheric agenda issues. statutory authority to operate an ocean Administration exploration program and to coordinate a Special Accommodations national program of ocean exploration. RIN 0648–XF496 The OEAB advises NOAA leadership on This meeting is physically accessible strategic planning, exploration Caribbean Fishery Management to people with disabilities. For more priorities, competitive ocean Council; Public Meeting information or request for sign language exploration grant programs and other interpretation and/other auxiliary aids, AGENCY: National Marine Fisheries please contact Mr. Miguel A. Rolo´n, matters as the NOAA Administrator Service (NMFS), National Oceanic and requests. Executive Director, Caribbean Fishery Atmospheric Administration (NOAA), Management Council, 270 Mun˜ oz OEAB members represent government Commerce. agencies, the private sector, academic Rivera Avenue, Suite 401, San Juan, ACTION: Notice of a public meeting. institutions, and not-for-profit Puerto Rico, 00918, telephone (787) 766–5926, at least 5 days prior to the institutions involved in all facets of SUMMARY: The Caribbean Fishery meeting date. ocean exploration—from advanced Management Council’s District Advisory technology to citizen exploration. Panels (DAPs) for Puerto Rico, St. Croix Dated: June 20, 2017. In addition to advising NOAA and St. Thomas/St. John, USVI, will Tracey L. Thompson, leadership, NOAA expects the OEAB to hold a joint meeting. Acting Deputy Director, Office of Sustainable help to define and develop a national DATES: The meeting will be held on Fisheries, National Marine Fisheries Service. program of ocean exploration—a Thursday, July 6, 2017, from 9:30 a.m. [FR Doc. 2017–13151 Filed 6–22–17; 8:45 am] network of stakeholders and to 5 p.m. BILLING CODE 3510–22–P partnerships advancing national ADDRESSES: priorities for ocean exploration. The meeting will be held at the Verdanza Hotel, Tartak St., Isla Status: The meeting will be open to DEPARTMENT OF COMMERCE the public with a 15-minute public Verde, Puerto Rico. comment period on Tuesday, July 11, FOR FURTHER INFORMATION CONTACT: United States Patent and Trademark 2017 from 11:45 a.m. to 12:00 p.m. EDT Caribbean Fishery Management Council, Office (please check the final agenda on the 270 Mun˜ oz Rivera Avenue, Suite 401, Web site to confirm the time). The San Juan, Puerto Rico 00918, telephone: [Docket No.: PTO–P–2017–0026] (787) 766–5926. public may listen to the meeting and Extension of the Cancer provide comments during the public SUPPLEMENTARY INFORMATION: The DAPs Immunotherapy Pilot Program comment period via teleconference. will meet to discuss the items contained Dial-in information may be found on the in the following agenda: AGENCY: United States Patent and meeting agenda posted to the OEAB July 6, 2017, 9 a.m. Trademark Office, Commerce. Web site http://oeab.noaa.gov. —Call to Order and Welcome—Miguel ACTION: Notice. The OEAB expects that public A. Rolo´n statements at its meetings will not be —General Concepts (Scalars, Buffers, SUMMARY: On June 29, 2016, the United repetitive of previously submitted Scientific Uncertainty) to be States Patent and Trademark Office verbal or written statements. In general, Considered for Discussion by the (USPTO) implemented the Cancer each individual or group making a DAPs—Dr. Richard Appeldoorn Immunotherapy Pilot Program, which verbal presentation will be limited to —Expected Outcomes for Submission to permits patent applications pertaining three minutes. The Designated Federal the SSC and the CFMC—Dr. to cancer immunotherapy to be Officer must receive written comments Richard Appeldoorn advanced out of turn for examination by July 3, 2017 to provide sufficient —Quality of Information and reviewed earlier (accorded special time for OEAB review. Written —Year Sequences status). To date, over 80 petitions

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requesting participation in the pilot application contained at least one claim protests must be filed on or before the program have been filed, and 9 patents to a method of treating cancer using comment date. Anyone filing a motion have been granted under the pilot immunotherapy and met other to intervene or protest must serve a copy program. Various stakeholders from requirements specified in the Cancer of that document on the Applicant and around the world have filed petitions to Immunotherapy Notice. all the parties in this proceeding. participate in the pilot program—they The Cancer Immunotherapy Notice The Commission encourages are independent inventors, universities, established that the pilot program electronic submission of protests and research institutions, hospitals, medical would run for twelve months from June interventions in lieu of paper using the centers, government agencies, and large 29, 2016. The USPTO is hereby eFiling link at http://www.ferc.gov. and small companies. The pilot program extending the pilot program through Persons unable to file electronically was originally scheduled to end on June December 31, 2018 in view of the should submit an original and 5 copies 28, 2017. In view of the continued continued interest in the pilot program. of the protest or intervention to the interest in the pilot program, the USPTO The extension also will allow the Federal Energy Regulatory Commission, is extending the pilot program until USPTO to continue its evaluation of the 888 First Street NE., Washington, DC December 31, 2018. All pilot parameters pilot program. The requirements of the 20426. will remain the same as the original pilot program have not been modified. This filing is accessible on-line at pilot. Various stakeholders from around the http://www.ferc.gov, using the DATES: Effective Date: June 23, 2017. world have filed petitions to participate ‘‘eLibrary’’ link and is available for Duration: The Cancer Immunotherapy in the pilot program—they are electronic review in the Commission’s Pilot Program will continue to run until independent inventors, universities, Public Reference Room in Washington, December 31, 2018. Therefore, petitions research institutions, hospitals, medical DC. There is an eSubscription link on to make special under the Cancer centers, government agencies, and large the Web site that enables subscribers to Immunotherapy Pilot Program must be and small companies. To date, over 80 receive email notification when a filed on or before December 31, 2018. petitions requesting participation in the document is added to a subscribed The USPTO may further extend the pilot program have been filed, and 9 docket(s). For assistance with any FERC pilot program (with or without patents have been granted under the Online service, please email modifications) or terminate it depending pilot program. The USPTO may again [email protected], or call on feedback received, continued interest extend the pilot program (with or (866) 208–3676 (toll free). For TTY, call and the effectiveness of the pilot without modifications) depending on (202) 502–8659. program. the feedback from the participants, Comment Date: 5:00 p.m. Eastern FOR FURTHER INFORMATION CONTACT: continued interest, and the effectiveness Time on June 26, 2017. Pinchus M. Laufer, Patent Attorney of the pilot program. Dated: June 19, 2017. (telephone (571) 272–7726; electronic Dated: June 19, 2017. Nathaniel J. Davis, Sr., mail at [email protected]) or Joseph Matal, Deputy Secretary. Susy Tsang-Foster, Senior Legal Advisor Performing the Functions and Duties of the [FR Doc. 2017–13111 Filed 6–22–17; 8:45 am] (telephone (571) 272–7711; electronic Under Secretary of Commerce for Intellectual BILLING CODE 6717–01–P mail at [email protected]), of Property and Director of the United States the Office of Patent Legal Patent and Trademark Office. Administration, Office of the Deputy [FR Doc. 2017–13122 Filed 6–22–17; 8:45 am] DEPARTMENT OF ENERGY Commissioner for Patent Examination BILLING CODE 3510–16–P Policy. Federal Energy Regulatory For questions relating to a specific Commission petition, please contact Gary B. Nickol, DEPARTMENT OF ENERGY Supervisory Patent Examiner (telephone [Project No. 2368–056] (571) 272–0835; electronic mail at Federal Energy Regulatory Algonquin Northern Maine Generating [email protected]) or Brandon J. Commission Company; Notice of Intent to File Fetterolf, Supervisory Patent Examiner License Application, Filing of Pre- (telephone (571) 272–2919; electronic [Docket No. NJ17–10–001] Application Document (Pad), Intent To mail at [email protected]), of Notice of Filing; City of Dover, Waive Certain Procedural Matters, Technology Center 1600. Delaware Commencement of Pre-Filing Process, SUPPLEMENTARY INFORMATION: The and Scoping; Request for Comments USPTO published a notice for the Take notice that on June 15, 2017, on the Pad and Scoping Document, implementation of the Cancer City of Dover, Delaware submitted its and Identification of Issues and Immunotherapy Pilot Program on June Supplement to the May 16, 2017 tariff Associated Study Requests 29, 2016. See Cancer Immunotherapy filing (Deficiency Filing). Pilot Program, 81 FR 42328 (June 29, Any person desiring to intervene or to a. Type of Filing: Notice of Intent to 2016), 1428 Off. Gaz. Pat. Office 253 protest this filing must file in File License Application for a New (July 26, 2016) (Cancer Immunotherapy accordance with Rules 211 and 214 of License and Commencing Pre-filing Notice). The pilot program was designed the Commission’s Rules of Practice and Process. to support the global fight against Procedure (18 CFR 385.211, 385.214). b. Project No.: 2368–056. cancer. The Cancer Immunotherapy Protests will be considered by the c. Dated Filed: May 1, 2017. Notice indicated that an applicant may Commission in determining the d. Submitted By: Algonquin Northern have an application advanced out of appropriate action to be taken, but will Maine Generating Company turn (accorded special status) for not serve to make protestants parties to (Algonquin). examination without meeting all of the the proceeding. Any person wishing to e. Name of Project: Squa Pan current requirements of the accelerated become a party must file a notice of Hydroelectric Project. examination program set forth in item intervention or motion to intervene, as f. Location: On Scopan Stream near VIII of MPEP section 708.02(a), if the appropriate. Such notices, motions, or the town of Masardis in Aroostook

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County, Maine. The project does not competing applicants to file NOIs, PADs eFiling system at http://www.ferc.gov/ occupy federal land. and requests to use an alternative docs-filing/efiling.asp. Commenters can g. Filed Pursuant to: 18 CFR part 5 of licensing process. The notice also submit brief comments up to 6,000 the Commission’s Regulations. denied Algonquin’s request for an characters, without prior registration, h. Potential Applicant Contact: Alain extension until August 2017 to file a using the eComment system at http:// Basakay, Project Manager, Algonquin PAD because it would unreasonably www.ferc.gov/docs-filing/ Northern Maine Generating Company, shorten the time available for ecomment.asp. You must include your 84 Water Street, Caribou, Maine 04736, preparation of a license application and/ name and contact information at the end [email protected] or or conducting necessary studies. of your comments. For assistance, 905–465–7059 On May 1, 2017, Algonquin filed an please contact FERC Online Support at i. FERC Contact: John Baummer at updated NOI and PAD, pursuant to 18 [email protected]. In lieu of (202) 502–6837 or email at CFR 5.6 of the Commission’s electronic filing, please send a paper [email protected]. regulations. No other entity filed an copy to: Secretary, Federal Energy j. Cooperating agencies: Federal, state, NOI, PAD or request to use an Regulatory Commission, 888 First Street local, and tribal agencies with alternative licensing process. NE., Washington, DC 20426. The first jurisdiction and/or special expertise Because the licensee states its page of any filing should include docket with respect to environmental issues unequivocal intent to submit an number P–2368–056. that wish to cooperate in the application for a new license for Project All filings with the Commission must preparation of the environmental No. 2368, and no other entity has filed bear the appropriate heading: Comments document should follow the an NOI, PAD, or request for an on Pre-Application Document, Study instructions for filing such requests alternative licensing process, the Requests, Comments on Scoping described in item o below. Cooperating Commission intends to waive section Document 1,’’Request for Cooperating agencies should note the Commission’s 16.24(a) of the Commission’s Agency Status, or Communications to policy that agencies that cooperate in regulations, and allow Algonquin to file and from Commission Staff. Any the preparation of the environmental an application for a new license for the individual or entity interested in document cannot also intervene. See 94 project. The Commission’s process plan submitting study requests, commenting FERC ¶ 61,076 (2001). and schedule for relicensing Project No. on the PAD or SD1, and any agency k. With this notice, we are initiating 2368 can be found in Appendix B of requesting cooperating status must do so informal consultation with: (a) The U.S. Scoping Document 1, issued by August 29, 2017. Fish and Wildlife Service and/or NOAA concurrently with this notice. p. Although our current intent is to Fisheries under section 7 of the n. A copy of the PAD is available for prepare an environmental assessment Endangered Species Act and the joint review at the Commission in the Public (EA), there is the possibility that an agency regulations thereunder at 50 Reference Room or may be viewed on Environmental Impact Statement (EIS) CFR, part 402 and (b) the State Historic the Commission’s Web site (http:// will be required. Nevertheless, this Preservation Officer, as required by www.ferc.gov), using the eLibrary link. meeting will satisfy the NEPA scoping Enter the docket number, excluding the section 106, National Historic requirements, irrespective of whether an last three digits in the docket number Preservation Act, and the implementing EA or EIS is issued by the Commission. regulations of the Advisory Council on field to access the document. For Historic Preservation at 36 CFR 800.2. assistance, contact FERC Online Scoping Meetings l. With this notice, we are designating Support at FERCOnlineSupport@ Commission staff will hold two Algonquin as the Commission’s non- ferc.gov, (866) 208–3676 (toll free), or scoping meetings in the vicinity of the federal representative for carrying out (202) 502–8659 (TTY). A copy is also project at the time and place noted informal consultation, pursuant to available for inspection and below. The daytime meeting will focus section 7 of the Endangered Species Act reproduction at the address in on resource agency, Indian tribes, and and section 106 of the National Historic paragraph h. non-governmental organization Preservation Act. Register online at http:// concerns, while the evening meeting is m. The current license for the Squa www.ferc.gov/docs-filing/ primarily for receiving input from the Pan Project was issued with an effective esubscription.asp to be notified via public. We invite all interested date of December 4, 1991, for a term of email of new filing and issuances individuals, organizations, and agencies 30 years and expires on December 3, related to this or other pending projects. to attend one or both of the meetings, 2021. Section 5.5(d) of the For assistance, contact FERC Online and to assist staff in identifying Commission’s regulations provides that Support. particular study needs, as well as the an existing licensee must file its Notice o. With this notice we are soliciting scope of environmental issues to be of Intent (NOI) no later than five years comments on the PAD and addressed in the environmental before the expiration of the license; Commission’s staff Scoping Document 1 document. The times and locations of therefore the date for Algonquin to file (SD1), as well as study requests. All these meetings are as follows: its NOI was December 3, 2016. comments on the PAD and SD1, and Algonquin filed a Notice of Intent to study requests should be sent to the Daytime Scoping Meeting File License Application (NOI) on address above in paragraph h. In Date: Thursday, July 27, 2017. December 8, 2016, along with a request addition, all comments on the PAD and Time: 1:00 p.m. for an extension until August 2017 to SD1, study requests, requests for Location: Hampton Inn, 768 Main file a Pre-Application Document (PAD). cooperating agency status, and all Street, Presque Isle, ME 04736. No other entity filed an NOI or PAD. communications to and from Phone: (207) 760–9292. On January 5, 2017 the Commission Commission staff related to the merits of issued a Notice of Existing Licensee’s the potential application must be filed Evening Scoping Meeting Failure to File Notice of Intent to File with the Commission. Date: Wednesday, July 26, 2017. a New License Application. The notice The Commission strongly encourages Time: 7:00 p.m. set a deadline of 120 days from the electronic filing. Please file all Location: Hampton Inn, 768 Main issuance date for Algonquin and documents using the Commission’s Street, Presque Isle, ME 04736.

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Phone: (207) 760–9292. Dated: June 16, 2017. 888 First Street NE., Washington, DC Scoping Document 1 (SD1), which Nathaniel J. Davis, Sr., 20426. outlines the subject areas to be Deputy Secretary. This filing is accessible on-line at addressed in the environmental [FR Doc. 2017–13092 Filed 6–22–17; 8:45 am] http://www.ferc.gov, using the document, was mailed to the BILLING CODE 6717–01–P ‘‘eLibrary’’ link and is available for individuals and entities on the review in the Commission’s Public Commission’s mailing list. Copies of Reference Room in Washington, DC. SD1 will be available at the scoping DEPARTMENT OF ENERGY There is an eSubscription link on the Web site that enables subscribers to meetings, or may be viewed on the web Federal Energy Regulatory receive email notification when a at http://www.ferc.gov, using the Commission document is added to a subscribed ‘‘eLibrary’’ link. Follow the directions docket(s). For assistance with any FERC for accessing information in paragraph Online service, please email n. Based on all oral and written [Docket No. OR17–14–000] [email protected], or call comments, a Scoping Document 2 (SD2) Tesoro Refining & Marketing Company (866) 208–3676 (toll free). For TTY, call may be issued. SD2 may include a LLC v. Frontier Aspen LLC; Notice of (202) 502–8659. revised process plan and schedule, as Complaint Comment Date: 5:00 p.m. Eastern well as a list of issues, identified Time on July 17, 2017. through the scoping process. Take notice that on June 15, 2017, pursuant to Rule 206 of the Federal Dated: June 16, 2017. Environmental Site Review Energy Regulatory Commission’s Nathaniel J. Davis, Sr., (Commission) Rules of Practice and Deputy Secretary. The potential applicant and 1 Commission staff will conduct an Procedure, section 343.2 of the [FR Doc. 2017–13091 Filed 6–22–17; 8:45 am] Procedural Rules Applicable to Oil BILLING CODE 6717–01–P Environmental Site Review of the 2 project on Thursday, July 27, 2017, Pipeline Proceedings, and sections starting at 9:00 a.m. All participants 1(4), 1(6), 2, 3(1), 6, 9, 13(1) and 15(1) 3 DEPARTMENT OF ENERGY should meet at the Squa Pan Dam, of the Interstate Commerce Act, Tesoro Refining & Marketing Company LLC located at Squapan Hydro Road, (Complainant) filed a formal complaint Federal Energy Regulatory Masardis, Maine 04732. All participants against Frontier Aspen LLC Commission are responsible for their own (Respondent) alleging that Respondent’s transportation. Anyone with questions [Docket No. CP17–464–000] pro rata walk-up prorationing policy about the site visit should contact Mr. and lack of an equalization factor are James Veil of Algonquin at (207–551– Rover Pipeline LLC; Notice of unjust, unreasonable and unduly Amendment 9881) on or before July 13, 2017. discriminatory, all as more fully Meeting Objectives explained in the complaint. On May 17, 2017, Rover Pipeline LLC Complainant states that a copy of the (Rover), 1300 Main Street, Houston, At the scoping meetings, staff will: (1) complaint was served on Respondent. Texas 77002, filed a variance request in Initiate scoping of the issues; (2) review Any person desiring to intervene or to Docket No. CP15–93–000. The and discuss existing conditions and protest this filing must file in Commission is treating the variance resource management objectives; (3) accordance with Rules 211 and 214 of request as an application to amend its review and discuss existing information the Commission’s Rules of Practice and Rover Pipeline Project under section and identify preliminary information Procedure (18 CFR 385.211 and 7(c) of the Natural Gas Act (NGA) and and study needs; (4) review and discuss 385.214). Protests will be considered by Part 157 of the Commission’s the process plan and schedule for pre- the Commission in determining the regulations, and hereby gives notice of filing activity that incorporates the time appropriate action to be taken, but will the proposed amendment. Specifically, frames provided for in Part 5 of the not serve to make protestants parties to Rover requests authorization to install a Commission’s regulations and, to the the proceeding. Any person wishing to third 3,550 horsepower natural gas extent possible, maximizes coordination become a party must file a notice of compressor unit at the Majorsville of federal, state, and tribal permitting intervention or motion to intervene, as Compressor Station and a new and certification processes; and (5) appropriate. The Respondent’s answer equipment run at the Majorsville Meter discuss the appropriateness of any and all interventions, or protests must Station in Marshall County, West federal or state agency or Indian tribe be filed on or before the comment date. Virginia. The proposal would increase acting as a cooperating agency for The Respondent’s answer, motions to the point capacity of the Majorsville development of an environmental intervene, and protests must be served Compressor Station and the Majorsville document. on the Complainant. Meter Station from 300 million cubic feet per day (MMcf/d) to 400 MMcf/d, Meeting participants should come The Commission encourages electronic submission of protests and all as more fully set forth in the request prepared to discuss their issues and/or which is on file with the Commission concerns. Please review the PAD in interventions in lieu of paper using the eFiling link at http://www.ferc.gov. and open to public inspection. The preparation for the scoping meetings. filing may be viewed on the web at Directions on how to obtain a copy of Persons unable to file electronically should submit an original and 5 copies http://www.ferc.gov using the the PAD and SD1 are included in item ‘‘eLibrary’’ link. Enter the docket n. of this document. of the protest or intervention to the Federal Energy Regulatory Commission, number excluding the last three digits in Meeting Procedures the docket number field to access the 1 18 CFR 385.206. document. For assistance, contact FERC The meetings will be recorded by a 2 18 CFR 343.2. at [email protected] or call stenographer and will be placed in the 3 49 App. U.S.C. 1(4), 1(6), 3(1), 6(1), 6(3), 6(7), toll-free, (886) 208–3676 or TYY, (202) public records of the project. 9, 13(1), and 15(1) (1988). 502–8659.

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Any questions regarding the proposed comments in opposition to the project Cooperative, Inc. NITSA and NOA to be amendment should be directed to Mr. provide copies of their protests only to effective 9/1/2017. Kelly Allen, Manager, Regulatory Affairs the party or parties directly involved in Filed Date: 6/19/17. Department, Rover Pipeline LLC, 1300 the protest. Accession Number: 20170619–5103. Main Street, Houston, Texas 77002, by Persons who wish to comment only Comments Due: 5 p.m. ET 7/10/17. telephone at (713) 989–2606. on the environmental review of this Docket Numbers: ER17–1862–000. Pursuant to section 157.9 of the project should submit an original and Applicants: Southwest Power Pool, Commission’s rules, 18 CFR 157.9, two copies of their comments to the Inc. within 90 days of this Notice the Secretary of the Commission. Description: § 205(d) Rate Filing: Commission staff will either: Complete Environmental commenters will be 2900R8 KMEA NITSA NOA to be its environmental analysis (EA) and placed on the Commission’s effective 9/1/2017. place it into the Commission’s public environmental mailing list, will receive Filed Date: 6/19/17. record (eLibrary) for this proceeding, or copies of the environmental documents, Accession Number: 20170619–5110. issue a Notice of Schedule for and will be notified of meetings Comments Due: 5 p.m. ET 7/10/17. Environmental Review. If a Notice of associated with the Commission’s Docket Numbers: ER17–1863–000. Schedule for Environmental Review is environmental review process. Applicants: Southern California issued, it will indicate, among other Environmental commenters will not be Edison Company. milestones, the anticipated date for the required to serve copies of filed Description: § 205(d) Rate Filing: Commission staff’s issuance of the EA documents on all other parties. Third Amendment LGIA Nevada Hydro for this proposal. The filing of the EA However, the non-party commenters Company—LEAPS Project to be in the Commission’s public record for will not receive copies of all documents effective 8/19/2017. this proceeding or the issuance of a filed by other parties or issued by the Filed Date: 6/19/17. Notice of Schedule will serve to notify Commission (except for the mailing of Accession Number: 20170619–5125. federal and state agencies of the timing environmental documents issued by the Comments Due: 5 p.m. ET 7/10/17. for the completion of all necessary Commission) and will not have the right Docket Numbers: ER17–1864–000. reviews, and the subsequent need to to seek court review of the Applicants: Bayshore Solar A, LLC. complete all federal authorizations Commission’s final order. Description: Baseline eTariff Filing: within 90 days of the date of issuance The Commission strongly encourages Bayshore Solar A, LLC MBR Tariff to be of the Commission staff’s EA. electronic filings of comments, protests effective 8/19/2017. There are two ways to become and interventions in lieu of paper using Filed Date: 6/19/17. involved in the Commission’s review of the eFiling link at http://www.ferc.gov. Accession Number: 20170619–5127. this project. First, any person wishing to Persons unable to file electronically Comments Due: 5 p.m. ET 7/10/17. obtain legal status by becoming a party should submit an original and 7 copies to the proceedings for this project Docket Numbers: ER17–1865–000. of the protest or intervention to the should, on or before the comment date Applicants: San Diego Gas & Electric Federal Energy Regulatory Commission, stated below, file with the Federal Company. 888 First Street NE., Washington, DC Energy Regulatory Commission, 888 Description: TO4 Formula 20426. First Street NE., Washington, DC 20426, Depreciation Rate Change For Non- Comment Date: July 7, 2017. a motion to intervene in accordance Transmission Common Plant and with the requirements of the Dated: June 16, 2017. Electric General Plant of San Diego Gas Commission’s Rules of Practice and Nathaniel J. Davis, Sr., & Electric Company. Filed Date: 6/19/17. Procedure (18 CFR 385.214 or 385.211) Deputy Secretary. and the Regulations under the NGA (18 Accession Number: 20170619–5129. [FR Doc. 2017–13090 Filed 6–22–17; 8:45 am] Comments Due: 5 p.m. ET 7/10/17. CFR 157.10). A person obtaining party BILLING CODE 6717–01–P status will be placed on the service list Docket Numbers: ER17–1866–000. maintained by the Secretary of the Applicants: Louisville Gas and Commission and will receive copies of DEPARTMENT OF ENERGY Electric Company. all documents filed by the applicant and Description: § 205(d) Rate Filing: by all other parties. A party must submit Federal Energy Regulatory KyMEA Unexecuted NOA to be effective 5 copies of filings made with the Commission 5/1/2017. Commission and must mail a copy to Filed Date: 6/19/17. the applicant and to every other party in Combined Notice of Filings #2 Accession Number: 20170619–5139. Comments Due: 5 p.m. ET 7/10/17. the proceeding. Only parties to the Take notice that the Commission The filings are accessible in the proceeding can ask for court review of received the following electric rate Commission orders in the proceeding. Commission’s eLibrary system by filings: However, a person does not have to clicking on the links or querying the intervene in order to have comments Docket Numbers: ER16–1530–000. docket number. considered. The second way to Applicants: BIF III Holtwood LLC. Any person desiring to intervene or participate is by filing with the Description: Report Filing: BIF III protest in any of the above proceedings Secretary of the Commission, as soon as Holtwood LLC Refund Report must file in accordance with Rules 211 possible, an original and two copies of Supplemeny to be effective N/A. and 214 of the Commission’s comments in support of or in opposition Filed Date: 6/19/17. Regulations (18 CFR 385.211 and to this project. The Commission will Accession Number: 20170619–5142. 385.214) on or before 5:00 p.m. Eastern consider these comments in Comments Due: 5 p.m. ET 7/10/17. time on the specified comment date. determining the appropriate action to be Docket Numbers: ER17–1861–000. Protests may be considered, but taken, but the filing of a comment alone Applicants: Southwest Power Pool, intervention is necessary to become a will not serve to make the filer a party Inc. party to the proceeding. to the proceeding. The Commission’s Description: § 205(d) Rate Filing: eFiling is encouraged. More detailed rules require that persons filing 1976R6 Kaw Valley Electric information relating to filing

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requirements, interventions, protests, § 385.214) on or before 5:00 p.m. Eastern Description: § 205(d) Rate Filing: service, and qualifying facilities filings time on the specified date(s). Protests 1978R6 Westar Energy, Inc. NITSA and can be found at: http://www.ferc.gov/ may be considered, but intervention is NOA to be effective 9/1/2017. docs-filing/efiling/filing-req.pdf. For necessary to become a party to the Filed Date: 6/16/17. other information, call (866) 208–3676 proceeding. Accession Number: 20170616–5024. (toll free). For TTY, call (202) 502–8659. eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 7/7/17. Dated: June 19, 2017. information relating to filing Docket Numbers: ER17–1845–000. requirements, interventions, protests, Applicants: Lazarus Energy Holdings, Nathaniel J. Davis, Sr., service, and qualifying facilities filings LLC. Deputy Secretary. can be found at: http://www.ferc.gov/ Description: Compliance filing: [FR Doc. 2017–13110 Filed 6–22–17; 8:45 am] docs-filing/efiling/filing-req.pdf. For Revision to Lazarus Energy MBR Tariff BILLING CODE 6717–01–P other information, call (866) 208–3676 to be effective 6/15/2017. (toll free). For TTY, call (202) 502–8659. Filed Date: 6/16/17. Accession Number: 20170616–5043. DEPARTMENT OF ENERGY Dated: June 14, 2017. Comments Due: 5 p.m. ET 7/7/17. Nathaniel J. Davis, Sr., Take notice that the Commission Federal Energy Regulatory Deputy Secretary. received the following electric securities Commission [FR Doc. 2017–13093 Filed 6–22–17; 8:45 am] filings: Combined Notice of Filings BILLING CODE 6717–01–P Docket Numbers: ES17–36–000. Applicants: The United Illuminating Take notice that the Commission has Company. received the following Natural Gas DEPARTMENT OF ENERGY Description: Application of The Pipeline Rate and Refund Report filings: United Illuminating Company to issue Federal Energy Regulatory short term securities under Section 204. Filings Instituting Proceedings Commission Filed Date: 6/14/17. Docket Number: PR17–46–000. Accession Number: 20170614–5060. Combined Notice of Filings #1 Applicants: Public Service Company Comments Due: 5 p.m. ET 7/5/17. of Colorado. Take notice that the Commission The filings are accessible in the Description: Tariff filing per received the following electric rate Commission’s eLibrary system by 284.123(b),(e)+(g): 20170607_SOR— filings: clicking on the links or querying the GRSA Eff. 5–1–2017 to be effective 5/1/ Docket Numbers: ER16–905–001. docket number. 2017; Filing Type: 1300. Applicants: Comanche Solar PV, LLC. Any person desiring to intervene or Filed Date: 6/7/17. Description: Notice of Non-Material protest in any of the above proceedings Accession Number: 201706075155. Change in Status of Comanche Solar PV, must file in accordance with Rules 211 Comments Due: 5 p.m. ET 6/28/17. LLC. and 214 of the Commission’s 284.123(g) Protests Due: 5 p.m. ET 8/ Filed Date: 6/15/17. Regulations (18 CFR 385.211 and 7/17. Accession Number: 20170615–5191. 385.214) on or before 5:00 p.m. Eastern Docket Numbers: RP17–777–000. Comments Due: 5 p.m. ET 7/6/17. time on the specified comment date. Applicants: Trunkline Gas Company, Docket Numbers: ER17–1774–000. Protests may be considered, but LLC. Applicants: NextEra Energy Bluff intervention is necessary to become a Description: Trunkline Gas Company, Point, LLC. party to the proceeding. LLC submits tariff filing per 154.204: Description: Clarification to June 8, eFiling is encouraged. More detailed Non-Conforming List Update—Rover to 2017 NextEra Energy Bluff Point, LLC information relating to filing be effective 7/1/2017. tariff filing. requirements, interventions, protests, Filed Date: 05/30/2017. Filed Date: 6/15/17. service, and qualifying facilities filings Accession Number: 20170530–5143. Accession Number: 20170615–5208. can be found at: http://www.ferc.gov/ Comment Date: 5:00 p.m. Eastern Comments Due: 5 p.m. ET 7/6/17. docs-filing/efiling/filing-req.pdf. For Time on Monday, June 19, 2017. other information, call (866) 208–3676 Docket Numbers: ER17–1842–000. (toll free). For TTY, call (202) 502–8659. Docket Numbers: RP17–828–000. Applicants: Southwest Power Pool, Applicants: Trailblazer Pipeline Inc. Dated: June 16, 2017. Company LLC. Description: § 205(d) Rate Filing: Nathaniel J. Davis, Sr., Description: Trailblazer Pipeline 1884R6 Westar Energy, Inc. NITSA and Deputy Secretary. Company LLC submits tariff filing per NOA to be effective 9/1/2017. [FR Doc. 2017–13086 Filed 6–22–17; 8:45 am] 154.204: Neg Rate 2017–06–14 Fortigen Filed Date: 6/16/17. BILLING CODE 6717–01–P to be effective 6/15/2017. Accession Number: 20170616–5022. Filed Date: 06/13/2017. Comments Due: 5 p.m. ET 7/7/17. Accession Number: 20170613–5074. Docket Numbers: ER17–1843–000. DEPARTMENT OF ENERGY Comment Date: 5:00 p.m. Eastern Applicants: Southwest Power Pool, Time on Monday, June 26, 2017. Inc. Federal Energy Regulatory The filings are accessible in the Description: § 205(d) Rate Filing: Commission 1885R6 Westar Energy, Inc. NITSA and Commission’s eLibrary system by Combined Notice of Filings #2 clicking on the links or querying the NOA to be effective 9/1/2017. docket number. Filed Date: 6/16/17. Take notice that the Commission Any person desiring to intervene or Accession Number: 20170616–5023. received the following electric corporate protest in any of the above proceedings Comments Due: 5 p.m. ET 7/7/17. filings: must file in accordance with Rules 211 Docket Numbers: ER17–1844–000. Docket Numbers: EC17–130–000. and 214 of the Commission’s Applicants: Southwest Power Pool, Applicants: Great Western Wind Regulations (18 CFR 385.211 and Inc. Energy, LLC, AER GW Holdco, LLC.

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Description: Application for Applicants: Michigan Electric Energy Regulatory Commission, 888 Authorization under Section 203 of the Transmission Company, LLC. First Street NE., Washington, DC 20426, Federal Power Act for Disposition of Description: § 205(d) Rate Filing: in accordance with Rules 211 and 214 Jurisdictional Facilities, Request for Filing of an Interconnection Facilities of the Commission’s Rules of Practice Expedited Action and Confidential Agreement to be effective 8/15/2017. and Procedure (18 CFR 385.211 and Treatment of Great Western Wind Filed Date: 6/16/17. 385.214). Anyone filing a motion to Energy, LLC, et al. Accession Number: 20170616–5178. intervene or protest must serve a copy Filed Date: 6/16/17. Comments Due: 5 p.m. ET 7/7/17. of that document on the Applicant. Accession Number: 20170616–5168. Docket Numbers: ER17–1849–000. Notice is hereby given that the Comments Due: 5 p.m. ET 7/7/17. Applicants: Nautilus Power, LLC. deadline for filing protests with regard Docket Numbers: EC17–131–000. Description: § 205(d) Rate Filing: to the applicant’s request for blanket Applicants: Florida Power & Light Errata re Notice of Succession to be authorization, under 18 CFR part 34, of Company. effective 6/16/2017. future issuances of securities and Description: Application for Approval Filed Date: 6/16/17. assumptions of liability, is July 6, 2017. of Acquisition of Transmission Assets Accession Number: 20170616–5200. The Commission encourages Pursuant to Section 203 of the Federal Comments Due: 5 p.m. ET 7/7/17. electronic submission of protests and Power Act and Request for Expedited The filings are accessible in the interventions in lieu of paper, using the Action of Florida Power & Light Commission’s eLibrary system by FERC Online links at http:// Company. clicking on the links or querying the www.ferc.gov. To facilitate electronic Filed Date: 6/16/17. docket number. service, persons with Internet access Accession Number: 20170616–5174. Any person desiring to intervene or who will eFile a document and/or be Comments Due: 5 p.m. ET 7/7/17. protest in any of the above proceedings listed as a contact for an intervenor must create and validate an Take notice that the Commission must file in accordance with Rules 211 and 214 of the Commission’s eRegistration account using the received the following electric rate eRegistration link. Select the eFiling filings: Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern link to log on and submit the Docket Numbers: ER15–1332–005; time on the specified comment date. intervention or protests. ER10–2400–007; ER10–2401–005; Protests may be considered, but Persons unable to file electronically ER10–2402–005; ER10–2403–006; intervention is necessary to become a should submit an original and 5 copies ER10–2405–005; ER10–2407–004; party to the proceeding. of the intervention or protest to the ER10–2424–004; ER10–2425–006; eFiling is encouraged. More detailed Federal Energy Regulatory Commission, ER11–3414–006; ER13–1816–005; information relating to filing 888 First Street NE., Washington, DC ER15–1333–005. requirements, interventions, protests, 20426. Applicants: Arbuckle Mountain Wind service, and qualifying facilities filings The filings in the above-referenced Farm LLC, Blue Canyon Windpower can be found at: http://www.ferc.gov/ proceeding are accessible in the LLC, Blue Canyon Windpower II LLC, docs-filing/efiling/filing-req.pdf. For Commission’s eLibrary system by Blue Canyon Windpower V LLC, Blue other information, call (866) 208–3676 clicking on the appropriate link in the Canyon Windpower VI LLC, Cloud (toll free). For TTY, call (202) 502–8659. above list. They are also available for County Wind Farm, LLC, High Prairie electronic review in the Commission’s Wind Farm II, LLC, Lost Lakes Wind Dated: June 16, 2017. Public Reference Room in Washington, Farm LLC, Pioneer Prairie Wind Farm I, Nathaniel J. Davis, Sr., DC. There is an eSubscription link on LLC, Rail Splitter Wind Farm, LLC, Deputy Secretary. the Web site that enables subscribers to Sustaining Power Solutions LLC, [FR Doc. 2017–13087 Filed 6–22–17; 8:45 am] receive email notification when a Waverly Wind Farm LLC. BILLING CODE 6717–01–P document is added to a subscribed Description: Notice of Non-Material docket(s). For assistance with any FERC Change in Status of Arbuckle Mountain Online service, please email Wind Farm LLC, et al. DEPARTMENT OF ENERGY [email protected]. or call Filed Date: 6/16/17. (866) 208–3676 (toll free). For TTY, call Accession Number: 20170616–5148. Federal Energy Regulatory (202) 502–8659. Commission Comments Due: 5 p.m. ET 7/7/17. Dated: June 16, 2017. Docket Numbers: ER17–1846–000. [Docket No. ER17–1830–000] Nathaniel J. Davis, Sr., Applicants: PacifiCorp. Deputy Secretary. CXA Sundevil Holdco, Inc.; Description: § 205(d) Rate Filing: [FR Doc. 2017–13089 Filed 6–22–17; 8:45 am] UAMPS Construction Agmt Lehi Temp Supplemental Notice That Initial BILLING CODE 6717–01–P Tap Additional to be effective 8/16/ Market-Based Rate Filing Includes 2017. Request for Blanket Section 204 Filed Date: 6/16/17. Authorization DEPARTMENT OF ENERGY Accession Number: 20170616–5082. This is a supplemental notice in the Comments Due: 5 p.m. ET 7/7/17. above-referenced proceeding of CXA Federal Energy Regulatory Docket Numbers: ER17–1847–000. Sundevil Holdco, Inc.’s application for Commission Applicants: Moxie Freedom LLC. market-based rate authority, with an Combined Notice of Filings #1 Description: Baseline eTariff Filing: accompanying rate tariff, noting that Market-Based Rate Application to be such application includes a request for Take notice that the Commission effective 8/16/2017. blanket authorization, under 18 CFR received the following electric rate Filed Date: 6/16/17. part 34, of future issuances of securities filings: Accession Number: 20170616–5146. and assumptions of liability. Docket Numbers: ER10–2249–007. Comments Due: 5 p.m. ET 7/7/17. Any person desiring to intervene or to Applicants: Portland General Electric Docket Numbers: ER17–1848–000. protest should file with the Federal Company.

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Description: Notice of Change in Filed Date: 6/19/17. Filed Date: 6/19/17. Status of Portland General Electric Accession Number: 20170619–5041. Accession Number: 20170619–5053. Company. Comments Due: 5 p.m. ET 7/10/17. Comments Due: 5 p.m. ET 7/10/17. Filed Date: 6/19/17. Docket Numbers: ER17–1852–000. Docket Numbers: ER17–1860–000. Accession Number: 20170619–5087. Applicants: Canandaigua Power Applicants: Vermont Wind, LLC. Comments Due: 5 p.m. ET 7/10/17. Partners, LLC. Description: § 205(d) Rate Filing: Docket Numbers: ER10–2633–033; Description: § 205(d) Rate Filing: Revised Market-Based Rate Tariff to be ER10–2717–004; ER13–55–022. Revised Market-Based Rate Tariff to be effective 8/19/2017. Applicants: Birchwood Power effective 8/19/2017. Filed Date: 6/19/17. Partners, L.P., EFS Parlin Holdings, Filed Date: 6/19/17. Accession Number: 20170619–5058. LLC, Homer City Generation, L.P. Accession Number: 20170619–5042. Comments Due: 5 p.m. ET 7/10/17. Description: Updated Market Power Comments Due: 5 p.m. ET 7/10/17. The filings are accessible in the Analysis for the Northeast Region of Docket Numbers: ER17–1853–000. Commission’s eLibrary system by Birchwood Power Partners, L.P., et al. Applicants: Canandaigua Power clicking on the links or querying the Filed Date: 6/19/17. Partners II, LLC. docket number. Accession Number: 20170619–5096. Description: § 205(d) Rate Filing: Any person desiring to intervene or Comments Due: 5 p.m. ET 8/18/17. Revised Market-Based Rate Tariff to be protest in any of the above proceedings Docket Numbers: ER13–1504–005; effective 8/19/2017. must file in accordance with Rules 211 ER10–2866–004; ER10–2861–004. Filed Date: 6/19/17. and 214 of the Commission’s Applicants: SWG Arapahoe, LLC, Accession Number: 20170619–5043. Regulations (18 CFR 385.211 and SWG Colorado, LLC, Fountain Valley Comments Due: 5 p.m. ET 7/10/17. 385.214) on or before 5:00 p.m. Eastern Power, L.L.C. Docket Numbers: ER17–1854–000. time on the specified comment date. Description: Notice of Non-Material Applicants: Erie Wind, LLC. Protests may be considered, but Change in Status of SWG Arapahoe, Description: § 205(d) Rate Filing: intervention is necessary to become a LLC, et al. Revised Market-Based Rate Tariff to be party to the proceeding. Filed Date: 6/19/17. effective 8/19/2017. eFiling is encouraged. More detailed Accession Number: 20170619–5090. Filed Date: 6/19/17. information relating to filing Comments Due: 5 p.m. ET 7/10/17. Accession Number: 20170619–5044. requirements, interventions, protests, Comments Due: 5 p.m. ET 7/10/17. Docket Numbers: ER17–264–001. service, and qualifying facilities filings Applicants: Southwest Power Pool, Docket Numbers: ER17–1855–000. can be found at: http://www.ferc.gov/ Inc. Applicants: Evergreen Wind Power, docs-filing/efiling/filing-req.pdf. For Description: Tariff Amendment: LLC. other information, call (866) 208–3676 Amended Filing in ER17–264—AEP Description: § 205(d) Rate Filing: (toll free). For TTY, call (202) 502–8659. Formula Rate Revisions to be effective Revised Market-Based Rate Tariff to be 7/1/2017. effective 8/19/2017. Dated: June 19, 2017. Filed Date: 6/19/17. Filed Date: 6/19/17. Nathaniel J. Davis, Sr., Accession Number: 20170619–5081. Accession Number: 20170619–5045. Deputy Secretary. Comments Due: 5 p.m. ET 7/10/17. Comments Due: 5 p.m. ET 7/10/17. [FR Doc. 2017–13109 Filed 6–22–17; 8:45 am] Docket Numbers: ER17–1671–001. Docket Numbers: ER17–1856–000. BILLING CODE 6717–01–P Applicants: Gulf Coast Solar Center II, Applicants: Evergreen Wind Power LLC. III, LLC. Description: Tariff Amendment: Description: § 205(d) Rate Filing: DEPARTMENT OF ENERGY Amendment to Application for MBR to Revised Market-Based Rate Tariff to be be effective 5/31/2017. effective 8/19/2017. Federal Energy Regulatory Filed Date: 6/19/17. Filed Date: 6/19/17. Commission Accession Number: 20170619–5086. Accession Number: 20170619–5046. [Docket No. CP17–46–000] Comments Due: 5 p.m. ET 7/10/17. Comments Due: 5 p.m. ET 7/10/17. Docket Numbers: ER17–1672–001. Docket Numbers: ER17–1857–000. Southern Natural Gas Company, LLC; Applicants: Gulf Coast Solar Center Applicants: Niagara Wind Power, Notice of Schedule for Environmental III, LLC. LLC. Review of the Fairburn Expansion Description: Tariff Amendment: Description: § 205(d) Rate Filing: Project Amendment to Application for MBR to Revised Market-Based Rate Tariff to be be effective 5/31/2017. effective 8/19/2017. On February 3, 2017, Southern Filed Date: 6/19/17. Filed Date: 6/19/17. Natural Gas Company, LLC (Southern) Accession Number: 20170619–5092. Accession Number: 20170619–5047. filed an application in Docket No. Comments Due: 5 p.m. ET 7/10/17. Comments Due: 5 p.m. ET 7/10/17. CP17–46–000 requesting a Certificate of Docket Numbers: ER17–1850–000. Docket Numbers: ER17–1858–000. Public Convenience and Necessity Applicants: Bishop Hill Energy LLC. Applicants: Stetson Holdings, LLC. pursuant to section 7(c) of the Natural Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: Gas Act to construct and operate certain Revised Market-Based Rate Tariff to be Revised Market-Based Rate Tariff to be natural gas pipeline facilities. The effective 8/19/2017. effective 8/19/2017. proposed project is known as the Filed Date: 6/19/17. Filed Date: 6/19/17. Fairburn Expansion Project, and would Accession Number: 20170619–5039. Accession Number: 20170619–5048. add 343,164 dekatherms per day of firm Comments Due: 5 p.m. ET 7/10/17. Comments Due: 5 p.m. ET 7/10/17. transportation service to its existing Docket Numbers: ER17–1851–000. Docket Numbers: ER17–1859–000. pipeline system. Applicants: Blue Sky East, LLC. Applicants: Stetson Wind II, LLC. On February 17, 2017 the Federal Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: Energy Regulatory Commission Revised Market-Based Rate Tariff to be Revised Market-Based Rate Tariff to be (Commission or FERC) issued its Notice effective 8/19/2017. effective 8/19/2017. of Application for the Project. Among

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other things, that notice alerted agencies documents. Go to www.ferc.gov/docs- ADDRESSES: Submit your comments, issuing federal authorizations of the filing/esubscription.asp. referencing Docket ID Number EPA– requirement to complete all necessary Additional information about the HQ–OARM–2016–0762, to (1) EPA reviews and to reach a final decision on Project is available from the online using www.regulations.gov (our a request for a federal authorization Commission’s Office of External Affairs preferred method), by email to within 90 days of the date of issuance at (866) 208–FERC or on the FERC Web [email protected], or by mail to: EPA of the Commission staff’s Environmental site (www.ferc.gov). Using the eLibrary Docket Center, Environmental Assessment (EA) for the Project. This link, select General Search from the Protection Agency, Mail Code 28221T, instant notice identifies the FERC staff’s eLibrary menu, enter the selected date 1200 Pennsylvania Ave. NW., planned schedule for the completion of range and Docket Number excluding the Washington, DC 20460, and (2) OMB via the EA for the Project. last three digits (i.e., CP17–47), and email to [email protected]. follow the instructions. For assistance Address comments to OMB Desk Officer Schedule for Environmental Review with access to eLibrary, the helpline can for EPA. Issuance of EA: August 18, 2017. be reached at (866) 208–3676, TTY (202) EPA’s policy is that all comments 90-day Federal Authorization 502–8659, or at FERCOnlineSupport@ received will be included in the public Decision Deadline: November 16, 2017. ferc.gov. The eLibrary link on the FERC docket without change including any If a schedule change becomes Web site also provides access to the personal information provided, unless necessary, additional notice will be texts of formal documents issued by the the comment includes profanity, threats, provided so that the relevant agencies Commission, such as orders, notices, information claimed to be Confidential are kept informed of the Project’s and rule makings. Business Information (CBI) or other progress. Dated: June 16, 2017. information whose disclosure is restricted by statute. Project Description Nathaniel J. Davis, Sr., FOR FURTHER INFORMATION CONTACT: Southern would upgrade and Deputy Secretary. Elizabeth January, Office of Grants and construct certain compression and [FR Doc. 2017–13088 Filed 6–22–17; 8:45 am] Debarment, National Policy, Training pipeline facilities in Fayetteville and BILLING CODE 6717–01–P and Compliance Division, Mail Code: Fulton Counties, Georgia (including 3903R, Environmental Protection installing a new 4.9-mile-long 30-inch- Agency, 1200 Pennsylvania Ave. NW., diameter Fairburn Lateral and the new ENVIRONMENTAL PROTECTION Washington, DC 20460; telephone 18,000-horsepower electric Fairburn AGENCY number: (617) 918–8655; fax number: Compressor Station); and Clayton and (202) 565–2470; email address: Cobb Counties Georgia. [EPA–HQ–OARM–2016–0762; FRL–9963– [email protected]. 18–OEI] Background SUPPLEMENTARY INFORMATION: On March 20, 2017, the Commission Information Collection Request Supporting documents for the General issued a Notice of Intent To Prepare an Submitted to OMB for Review and Administrative Requirements for Environmental Assessment for the Approval; Comment Request; General Assistance Programs (EPA ICR No. Proposed Fairburn Expansion Project Administrative Requirements for 0938.21, OMB Control No. 2030–0020), and Request for Comments on Assistance Programs (Renewal) which explain in detail the information Environmental Issues (NOI). The NOI that the EPA will be collecting are was sent to affected landowners; federal, AGENCY: Environmental Protection available in the public docket for this state, and local government agencies; Agency (EPA). ICR. The docket can be viewed online elected officials; environmental and ACTION: Notice. at www.regulations.gov or in person at public interest groups; Native American the EPA Docket Center, WJC West, tribes; other interested parties; and local SUMMARY: The Environmental Protection Room 3334, 1301 Constitution Ave. libraries and newspapers. In response to Agency has submitted an information NW., Washington, DC. The telephone the NOI, the Commission received collection request (ICR), General number for the Docket Center is 202– comments from the U.S. Environmental Administrative Requirements for 566–1744. For additional information Protection Agency (EPA) and five Assistance Programs (Renewal), to the about EPA’s public docket, visit http:// landowners. The primary issues raised Office of Management and Budget www.epa.gov/dockets. by the commentors are safety and (OMB) for review and approval in Abstract: The information is collected residential impacts during construction, accordance with the Paperwork from applicants/recipients of EPA and operational safety in association Reduction Act. This is a proposed assistance to monitor adherence to the with electric power line collocation. extension of the ICR, which is currently programmatic and administrative The EPA and the U.S. Army Corps of approved through June 30, 2017. Public requirements of the Agency’s financial Engineers are cooperating agencies in comments were previously requested assistance program. It is used to make the preparation of the EA. via the Federal Register on February 8, awards, pay recipients, and collect 2017 during a 60-day comment period. information on how Federal funds are Additional Information This notice allows for an additional 30 being spent. EPA needs this information In order to receive notification of the days for public comments. A fuller to meet its Federal stewardship issuance of the EA and to keep track of description of the ICR is given below, responsibilities. This ICR renewal all formal issuances and submittals in including its estimated burden and cost requests authorization for the collection specific dockets, the Commission offers to the public. An Agency may not of information under EPA’s General a free service called eSubscription. This conduct or sponsor and a person is not Regulation for Assistance Programs, can reduce the amount of time you required to respond to a collection of which establishes minimum spend researching proceedings by information unless it displays a management requirements for all automatically providing you with currently valid OMB control number. recipients of EPA grants or cooperative notification of these filings, document DATES: Additional comments may be agreements (assistance agreements). summaries, and direct links to the submitted on or before July 24, 2017. Recipients must respond to these

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information requests to obtain and/or Fellowship Activation Notice’’; EPA Paperwork Reduction Act (44 U.S.C. retain a benefit (Federal funds). For Form 5770–8, ‘‘Fellowship Agreement’’; 3501 et seq.). This is a proposed awards made prior to December 26, EPA Form 5770–9, ‘‘Completion of extension of the ICR, which is currently 2014, 40 CFR part 30, ‘‘Grants and Studies Notice’’; EPA Form 6600–01, approved through June 30, 2017. Public Agreements with Institutions of Higher ‘‘EPA Administrative and Financial comments were previously requested Education, Hospitals, and Other Non- Onsite Review Questionnaire’’; EPA via the Federal Register on May 3, 2016 Profit Organizations,’’ establishes the Form 6600–06, ‘‘Certification Regarding during a 60-day comment period. This management requirements for Lobbying’’; EPA Form 6600–08, notice allows for an additional 30 days institutions of higher education, ‘‘Lobbying Cost Certificate for Indirect for public comments. A fuller hospitals, and other non-profit Costs/Certificate of Indirect Costs for description of the ICR is given below, organizations, as well as procurement State and Local Governments’’; EPA including its estimated burden and cost requirements for non-governmental Form 6600–09, ‘‘EPA Administrative to the public. An Agency may neither recipients. For awards made prior to Capability Questionnaire’’ NCER Form conduct nor sponsor, and a person is December 26, 2014, 40 CFR part 31, 5, ‘‘Current and Pending Support’’. not required to respond to, a collection ‘‘Uniform Administrative Requirements Respondents/affected entities: State of information unless it displays a for Grants and Cooperative Agreements and local governments, Indian Tribes, currently valid OMB control number. to State and Local Governments,’’ educational institutions, and not-for- DATES: Additional comments may be includes the management requirements profit institutions. submitted on or before July 24, 2017. for States, local governments, and Respondent’s obligation to respond: ADDRESSES: Indian Tribal governments. These Required to obtain an assistance Submit your comments, regulations include only those agreement. referencing Docket ID Number EPA– provisions mandated by statute, Estimated number of respondents: HQ–OECA–2014–0034, to: (1) EPA required by Office of Management and 5,492 (total). online using www.regulations.gov (our Budget (OMB) Circulars, or added by Frequency of response: On occasion, preferred method), or by email to EPA to ensure sound and effective quarterly, and annually. [email protected], or by mail to: EPA financial assistance management. For Total estimated burden: 90,124 hours Docket Center, Environmental awards made on or after December 26, (per year). Burden is defined at 5 CFR Protection Agency, Mail Code 28221T, 2014, 2 CFR 200 and EPA’s 1320.03(b). 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via implementation of 2 CFR 200 at 2 CFR Total estimated cost: $5,263,533 (per _ 1500 ‘‘Uniform Administrative year), includes $0 annualized capital or email to oira [email protected]. Requirements, Cost Principles and operation & maintenance costs. Address comments to OMB Desk Officer Audit Requirements for Federal Changes in the Estimates: There is a for EPA. Awards’’ establishes the management decrease of 64,882 hours in the total EPA’s policy is that all comments requirements for all entity types. 40 CFR estimated respondent burden compared received will be included in the public part 35 outlines policies and procedures with the ICR currently approved by docket without change including any for assistance agreements to State, OMB. This decrease is due to personal information provided, unless interstate, and local agencies and Indian adjustments in the number of the comment includes profanity, threats, Tribes and Intertribal Consortia for respondents, the annual submissions information claimed to be Confidential pollution abatement and control per respondent, the burden hours for Business Information (CBI), or other programs (listed in Subparts A and B). completion for all of its grant forms, and information whose disclosure is The information required by these removed burden associated with two restricted by statute. regulations will be used by EPA award forms. FOR FURTHER INFORMATION CONTACT: officials to make assistance awards and Patrick Yellin, Monitoring, Assistance, Courtney Kerwin, assistance payments and to verify that and Media Programs Division, Office of the recipient is using Federal funds Director, Regulatory Support Division. Compliance, Mail Code 2227A, appropriately. [FR Doc. 2017–13146 Filed 6–22–17; 8:45 am] Environmental Protection Agency, 1200 Form Numbers: EPA Form 190–F–04– BILLING CODE 6560–50–P Pennsylvania Ave. NW., Washington, 001, ‘‘EPA Payment Request’’; EPA DC 20460; telephone number: (202) Form 190–F–05–001, ‘‘Fellowship 564–2970; fax number: (202) 564–0050; ENVIRONMENTAL PROTECTION email address: [email protected]. Stipend Payment Enrollment Form’’; AGENCY EPA Form 4700–4, ‘‘Preaward SUPPLEMENTARY INFORMATION: Compliance Review Report for All [EPA–HQ–OECA–2014–0034; FRL–9960– Supporting documents for this ICR, Applicants and Recipients Requesting 85–OEI] NSPS for Kraft Pulp Mills (40 CFR part Federal Financial Assistance’’; EPA 60, subpart BBa) (Renewal), (EPA ICR Information Collection Request Form 5700–52A, ‘‘MBE/WBE Utilization No. 2485.03, OMB Control No. 2060– Submitted to OMB for Review and Under Federal Grants and Cooperative 0690), which explain in detail the Approval; Comment Request; NSPS Agreements’’; EPA Form 5700–53, information that the EPA will be for Kraft Pulp Mills (Renewal) ‘‘Lobbying and Litigation Certification collecting are available in the public for Grants and Cooperative AGENCY: Environmental Protection docket for this ICR. The docket can be Agreements’’; EPA Form 5700–54, ‘‘Key Agency (EPA). viewed online at www.regulations.gov Contacts Form,’’ and EPA Form 5700– ACTION: Notice. or in person at the EPA Docket Center, 54–2, ‘‘Key Contacts Form for Multiple EPA West, Room 3334, 1301 Principal Investigators’’; EPA Form SUMMARY: The Environmental Protection Constitution Ave. NW., Washington, 5770–2, ‘‘Fellowship Application’’; EPA Agency has submitted an information DC. The telephone number for the Form 5770–3, ‘‘Fellowship Facilities collection request (ICR), NSPS for Kraft Docket Center is 202–566–1744. For and Commitment Statement’’; EPA Pulp Mills, to the Office of Management additional information about EPA’s Form 5770–5, ‘‘Agency Fellowship and Budget (OMB) for review and public docket, visit: http:// Certification’’; EPA Form 5770–7, ‘‘EPA approval in accordance with the www.epa.gov/dockets.

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Abstract: Owners and operators of ENVIRONMENTAL PROTECTION 564–2970; fax number: (202) 564–0050; affected facilities are required to comply AGENCY email address: [email protected]. with reporting and record keeping [EPA–HQ–OECA–2014–0063; FRL–9961– SUPPLEMENTARY INFORMATION: requirements for the General Provisions 08–OEI] Supporting documents for this renewal (40 CFR part 60, subpart A), as well as ICR, NESHAP for Polyether Polyols (40 the specific requirements at 40 CFR part Information Collection Request CFR part 63, subpart PPP), (EPA ICR No. 60, subpart BBa. This includes Submitted to OMB for Review and 1811.10, OMB Control No. 2060–0415), submitting initial notifications, Approval; Comment Request; NESHAP which explain in detail the information performance tests and periodic reports for Polyether Polyols Production that the EPA will be collecting are and results, and maintaining records of (Renewal) available in the public docket for this the occurrence and duration of any AGENCY: Environmental Protection ICR. The docket can be viewed online startup, shutdown, or malfunction in Agency (EPA). at www.regulations.gov or in person at the operation of an affected facility, or the EPA Docket Center, EPA West, ACTION: Notice. any period during which the monitoring Room 3334, 1301 Constitution Ave. system is inoperative. These reports are SUMMARY: The Environmental Protection NW., Washington, DC. The telephone used by EPA to determine compliance Agency has submitted an information number for the Docket Center is 202– with the standards. collection request (ICR), NESHAP for 566–1744. For additional information about EPA’s public docket, visit: http:// Form Numbers: None. Polyether Polyols, to the Office of Management and Budget (OMB) for www.epa.gov/dockets. Respondents/affected entities: Kraft review and approval in accordance with Abstract: The affected entities are pulp mills. the Paperwork Reduction Act. This is a subject to the General Provisions of the Respondent’s obligation to respond: proposed extension of the ICR, which is NESHAP (40 CFR part 63, subpart A), Mandatory (40 CFR part 60 Subpart currently approved through May 31, and any changes or additions to the BBa). 2017. Public comments were previously General Provisions are specified at 40 Estimated number of respondents: 10 requested via the Federal Register on CFR part 63, subpart PPP. Owners or (total). May 3, 2016 during a 60-day comment operators of the affected facilities must period. This notice allows for an submit initial notification, performance Frequency of response: Initially, additional 30 days for public comments. tests, and periodic reports and results. occasionally, and semiannually. A fuller description of the ICR is given Owners or operators are also required to Total estimated burden: 3,950 hours below, including its estimated burden maintain records of the occurrence and (per year). Burden is defined at 5 CFR and cost to the public. An Agency may duration of any startup, shutdown, or 1320.3(b). neither conduct nor sponsor, and a malfunction in the operation of an person is not required to respond to, a Total estimated cost: $1,230,000 (per affected facility, or any period during collection of information unless it year), which includes $821,000 for both which the monitoring system is displays a currently-valid OMB control inoperative. Reports, at a minimum, are annualized capital/startup and number. required semiannually. operation & maintenance costs. DATES: Additional comments may be Form Numbers: None. Changes in the Estimates: There is an submitted on or before July 24, 2017. adjustment increase in the total Respondents/affected entities: ADDRESSES: Submit your comments, Polyether polyols production facilities. estimated burden and labor costs as referencing Docket ID Number EPA– currently identified in the OMB HQ–OECA–2014–0063, to: (1) EPA Respondent’s obligation to respond: Inventory of Approved Burdens. This online using www.regulations.gov (our Mandatory (40 CFR part 63, subpart increase is not due to any program preferred method), or by email to PPP). changes. The change in the burden and [email protected], or by mail to: EPA Estimated number of respondents: 23 cost estimates occurred for two reasons. Docket Center, Environmental (total). First, this ICR assumes all existing Protection Agency, Mail Code 28221T, Frequency of response: Initially, respondents will have to familiarize 1200 Pennsylvania Ave. NW., occasionally and semiannually. with the regulatory requirements each Washington, DC 20460; and (2) OMB via Total estimated burden: 3,710 hours year. Second, the burden has increased email to [email protected]. (per year). Burden is defined at 5 CFR due an increase in the estimated number Address comments to OMB Desk Officer 1320.3(b). of sources subject to the standard. for EPA. Total estimated cost: $383,000 (per There is also an increase in the total EPA’s policy is that all comments received will be included in the public year), and does not include any capital and O&M costs as currently docket without change including any annualized capital/startup or operation identified in the OMB Inventory of personal information provided, unless & maintenance costs. Approved Burdens. This increase is due the comment includes profanity, threats, to an increase in the estimated number Changes in the Estimates: There is a information claimed to be Confidential small increase in labor hours in this ICR of sources, and because in year 2 of this Business Information (CBI), or other compared to the previous ICR. This is ICR existing sources will need to repeat information whose disclosure is due to the removal of affirmative performance tests that are required restricted by statute. defense and the addition of a one-hour every 5 years. FOR FURTHER INFORMATION CONTACT: estimate associated with re- Courtney Kerwin, Patrick Yellin, Monitoring, Assistance, familiarization of the regulatory Director, Regulatory Support Division. and Media Programs Division, Office of requirements for each regulated source. Compliance, Mail Code 2227A, There is also a decrease in the total [FR Doc. 2017–13150 Filed 6–22–17; 8:45 am] Environmental Protection Agency, 1200 capital and O&M costs. Since all BILLING CODE 6560–50–P Pennsylvania Ave. NW., Washington, existing sources are expected to be DC 20460; telephone number: (202) compliant with any initial requirements

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of the 2014 rule, the estimated capital EIS No. 20170110, Final, USN, RI, EPA’s policy is that all comments cost has decreased since the last ICR. Disposal and Reuse of Surplus received will be included in the public Property at Naval Station Newport, docket without change including any Courtney Kerwin, Review Period Ends: 07/24/2017, personal information provided, unless Director, Regulatory Support Division. Contact: James Anderson 843–963– the comment includes profanity, threats, [FR Doc. 2017–13149 Filed 6–22–17; 8:45 am] 4991. information claimed to be Confidential BILLING CODE 6560–50–P Dated: June 20, 2017. Business Information (CBI) or other Dawn Roberts, information whose disclosure is restricted by statute. ENVIRONMENTAL PROTECTION Management Analyst, NEPA Compliance AGENCY Division, Office of Federal Activities. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–13187 Filed 6–22–17; 8:45 am] Amaris Johnson, Field and External [ER–FRL–9033–8] BILLING CODE 6560–50–P Affairs Division (7506P), Office of Pesticide Programs, Environmental Environmental Impact Statements; Protection Agency, 1200 Pennsylvania Notice of Availability ENVIRONMENTAL PROTECTION Ave. NW., Washington, DC 20460; Responsible Agency: Office of Federal AGENCY telephone number: 703–305–9542; Activities, General Information (202) email address: [email protected]. 564–7146 or http://www.epa.gov/nepa. [EPA–HQ–OPP–2016–0460; FRL–9963–23– SUPPLEMENTARY INFORMATION: Weekly receipt of Environmental Impact OEI] Supporting documents for the Statements (EISs) filed 06/12/2017 Requirements for Certified Applicators through 06/16/2017 pursuant to 40 Information Collection Request Using 1080 Collars for Livestock CFR 1506.9. Submitted to OMB for Review and Protection ICR (EPA ICR No. 1249.11, Approval; Comment Request; OMB Control No. 2070–0074), which Notice Requirements for Certified Applicators explain in detail the information that Section 309(a) of the Clean Air Act Using 1080 Collars for Livestock the EPA will be collecting, are available requires that EPA make public its Protection (Renewal) in the public docket for this ICR. The comments on EISs issued by other AGENCY: Environmental Protection docket can be viewed online at Federal agencies. EPA’s comment letters Agency (EPA). www.regulations.gov or in person at the on EISs are available at: http:// EPA Docket Center, WJC West, Room ACTION: Notice. www.epa.gov/compliance/nepa/ 3334, 1301 Constitution Ave. NW., eisdata.html. SUMMARY: The Environmental Protection Washington, DC. The telephone number EIS No. 20170104, Final, USFS, OR, Ten Agency has submitted an information for the Docket Center is 202–566–1744. Cent Community Wildfire Protection collection request (ICR), Requirements For additional information about EPA’s Project, Review Period Ends: 08/07/ for Certified Applicators Using 1080 public docket, visit http://www.epa.gov/ 2017, Contact: Andrew Stinchfield Collars for Livestock Protection to the dockets. 541–427–5397. Office of Management and Budget Abstract: The information in this ICR EIS No. 20170105, Final, NOAA, OR, (OMB) for review and approval in enables the agency to obtain information Programmatic—Portland Harbor accordance with the Paperwork needed to track the use of registered Restoration Plan, Review Period Ends: Reduction Act. This is a proposed Livestock Protection Collar products 07/24/2017, Contact: Megan Callahan extension of the ICR, which is currently which contain solutions of Sodium Grant 503–231–2213. approved through May 31, 2017. Public Monofluoroacetate (Compound 1080). EIS No. 20170106, Draft, NMFS, OR, comments were previously requested The mandatory record-keeping Analyze Impacts of NOAA’s National via the Federal Register on September requirements for these Compound 1080 Marine Fisheries Service joining as a 26, 2016 during a 60-day comment collars were imposed by an signatory to a new U.S. v. Oregon period. This notice allows for an administrative judge in October 1982 Management Agreement for the Years additional 30 days for public comments. and confirmed by the agency in 1983. It 2018–2027, Comment Period Ends: A fuller description of the ICR is given ensures the proper use and function of 08/07/2017, Contact: Jeromy Jording below, including its estimated burden the 1080 collar products, and 360–753–9576. and cost to the public. An Agency may demonstrates there is no threat of EIS No. 20170107, Final, USFS, CA, not conduct or sponsor and a person is unreasonable harm to non-target Horse Creek Community Protection not required to respond to a collection animals or people. and Forest Restoration Project, of information unless it displays a Form Numbers: None. Review Period Ends: 08/07/2017, currently valid OMB control number. Respondents/affected entities: Contact: Lisa Bousfield 530–493– Certified pesticide applicators that 1766. DATES: Additional comments may be EIS No. 20170108, Draft Supplement, submitted on or before July 24, 2017. apply or hold inventory of 1080 collars, USAF, AK, U.S. Air Force F–35A ADDRESSES: Submit your comments, and the reporting agencies (state Operational Beddown—Pacific, referencing Docket ID Number EPA– government, NAICS 999200) responsible Comment Period Ends: 08/07/2017, HQ–OPP–2016–0460, to (1) EPA online for implementing and administering a Contact: Hamid Kamalpour 210 925 using www.regulations.gov (our 1080 collar monitoring program. 2738. preferred method), or by mail to: EPA Respondent’s obligation to respond: EIS No. 20170109, Final, BLM, AZ, Docket Center, Environmental Mandatory. Sonoran Desert National Monument Protection Agency, Mail Code 28221T, Estimated number of respondents: 33 Target Shooting Proposed Resource 1200 Pennsylvania Ave. NW., (total). Management Plan Amendment, Washington, DC 20460, and (2) OMB via Frequency of response: Annual. Review Period Ends: 07/24/2017, email to [email protected]. Total estimated burden: 1,431 hours Contact: Wayne Monger 623–580– Address comments to OMB Desk Officer (per year). Burden is defined at 5 CFR 5683. for EPA. 1320.03(b).

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Total estimated cost: $64,213 (per preferred method), by email to OW- included in the National Estuary year), includes $0 annualized capital or [email protected], or by mail to: EPA Program (NEP) are making adequate operation & maintenance costs. Docket Center, Environmental progress implementing their CCMPs and Changes in the Estimates: There is a Protection Agency, Mail Code 28221T, therefore merit continued funding under decrease of 513 hours in the total 1200 Pennsylvania Ave. NW., Sec. 320 of the Clean Water Act. EPA estimated respondent burden compared Washington, DC 20460, and (2) OMB via also requests that each of the 28 NEPs with the ICR currently approved by email to [email protected]. receiving Sec. 320 funds report OMB. This decrease reflects voluntary Address comments to OMB Desk Officer information that can be used in the cancellation of the 1080 Livestock for EPA. GPRA reporting process. This reporting Protection Collar registration formerly EPA’s policy is that all comments is done on an annual basis and is used held by the South Dakota Department of received will be included in the public to show environmental results that are Agriculture and the removal of docket without change including any being achieved within the overall estimated burden associated with personal information provided, unless National Estuary Program. This submission of annual Livestock the comment includes profanity, threats, information is ultimately submitted to Protection Collar production reports information claimed to be Confidential Congress along with GPRA information erroneously included in the previous Business Information (CBI) or other from other EPA programs. renewal of this ICR. This resulted in a information whose disclosure is Form Numbers: None. corresponding decrease in the restricted by statute. Respondents/affected entities: Entities associated burden. This change is an FOR FURTHER INFORMATION CONTACT: potentially affected by this action are adjustment. Vince Bacalan, Oceans and Coastal those state or local agencies or nongovernmental organizations in the Courtney Kerwin, Protection Division, Office of Wetlands, National Estuary Program (NEP) who Director, Regulatory Support Division. Oceans, and Watersheds, 4504T, Environmental Protection Agency, 1200 receive grants under Section 320 of the [FR Doc. 2017–13147 Filed 6–22–17; 8:45 am] Pennsylvania Ave. NW., Washington, Clean Water Act. BILLING CODE 6560–50–P DC 20460; telephone number: 202–566– Respondent’s obligation to respond: 0930; fax number: 202–566–1336; email Required to obtain or retain a benefit address: [email protected]. (Section 320 of the Clean Water Act). ENVIRONMENTAL PROTECTION Estimated number of respondents: 28 SUPPLEMENTARY INFORMATION: AGENCY (total). Supporting documents for the National Frequency of response: Annual. [EPA–HQ–OW–2006–0369; FRL–9963–17– Estuary Program ICR (EPA ICR No. Total estimated burden: 5,600 hours OEI] 1500.08, OMB Control No. 2040–0138), (per year). Burden is defined at 5 CFR which explain in detail the information Information Collection Request 1320.03(b). Submitted to OMB for Review and that the EPA will be collecting, are Total estimated cost: $314,138 (per Approval; Comment Request; National available in the public docket for this year), includes $0 annualized capital or Estuary Program (Renewal) ICR. The docket can be viewed online operation & maintenance costs. at www.regulations.gov or in person at Changes in the Estimates: There is an AGENCY: Environmental Protection the EPA Docket Center, WJC West, increase of 700 hours in the total Agency (EPA). Room 3334, 1301 Constitution Ave. estimated respondent burden compared ACTION: Notice. NW., Washington, DC. The telephone with the ICR currently approved by number for the Docket Center is 202– SUMMARY: The Environmental Protection OMB. This increase is due to the fact 566–1744. For additional information that respondents are required to submit Agency has submitted an information about EPA’s public docket, visit http:// collection request (ICR), National program evaluation packages in the next www.epa.gov/dockets. three years and also due to a change in Estuary Program (Renewal) to the Office Abstract: The National Estuary of Management and Budget (OMB) for GPRA reporting application platform in Program (NEP) involves collecting FY2016 that require additional effort. review and approval in accordance with information from the state or local the Paperwork Reduction Act. This is a agency or nongovernmental Courtney Kerwin, proposed extension of the ICR, which is organizations that receive funds under Director, Regulatory Support Division. currently approved through June 30, Sec. 320 of the Clean Water Act (CWA). [FR Doc. 2017–13148 Filed 6–22–17; 8:45 am] 2017. Public comments were previously The regulation requiring this BILLING CODE 6560–50–P requested via the Federal Register on information is found at 40 CFR part 35. January 23, 2017 during a 60-day Prospective grant recipients seek comment period. This notice allows for funding to develop or oversee and an additional 30 days for public FEDERAL COMMUNICATIONS coordinate implementation of COMMISSION comments. A fuller description of the Comprehensive Conservation ICR is given below, including its Management Plans (CCMPs) for [OMB 3060–0767] estimated burden and cost to the public. estuaries of national significance. In An Agency may not conduct or sponsor order to receive funds, grantees must Information Collection Approved by and a person is not required to respond submit an annual work plan to EPA the Office of Management and Budget to a collection of information unless it which are used to track performance of (OMB) displays a currently valid OMB control each of the 28 estuary programs AGENCY: Federal Communications number. currently in the NEP. EPA provides Commission. DATES: Additional comments may be funding to NEPs to support long-term ACTION: Notice. submitted on or before July 24, 2017. implementation of CCMPs if such ADDRESSES: Submit your comments, programs pass a program evaluation SUMMARY: The Federal Communications referencing Docket ID Number EPA– process. The primary purpose of the Commission (FCC) has received Office HQ–OW–2006–0369, to (1) EPA online program evaluation process is to help of Management and Budget (OMB) using www.regulations.gov (our EPA determine whether the 28 programs approval for a revision of a currently

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approved public information collection things, the Commission amended its the Commission may collect pursuant to the Paperwork Reduction definition of ‘‘designated entities’’ to information from auction applicants and Act of 1995. An agency may not conduct include ‘‘eligible rural service license/authorization holders pursuant or sponsor a collection of information providers,’’ and established a new to these rules under this information unless it displays a currently valid OMB designated entity benefit/bidding credit collection to clarify information control number, and no person is for eligible rural service providers. provided in these forms or in required to respond to a collection of Beginning first on May 5, 1997, OMB circumstances to which the standard information unless it displays a approved under OMB Control No. 3060– forms may not directly apply. 0767, the Commission’s collections of currently valid control number. Federal Communications Commission. information pursuant to sections 1.2110, Comments concerning the accuracy of Marlene H. Dortch, the burden estimates and any 1.2111, and 1.2112 of the Commission’s Secretary. suggestions for reducing the burden rules, 47 CFR 1.2110, 1.2111, and should be directed to the person listed 1.2112, and their predecessors, [FR Doc. 2017–13082 Filed 6–22–17; 8:45 am] in the FOR FURTHER INFORMATION regarding ownership and designated BILLING CODE 6712–01–P CONTACT section below. entity status of parties involved with FOR FURTHER INFORMATION CONTACT: Commission licenses. The Commission collects this information in several FEDERAL COMMUNICATIONS Cathy Williams, Office of the Managing COMMISSION Director, at (202) 418–2918, or email: contexts, including when determining [email protected]. the eligibility of applicants to participate in Commission auctions Radio Broadcasting Services; AM or SUPPLEMENTARY INFORMATION: The total (including eligibility to claim FM Proposals To Change the annual reporting burdens and costs for designated entity benefits), the Community of License the respondents are as follows: eligibility of parties to hold a AGENCY: Federal Communications OMB Control Number: 3060–0767. Commission license/authorization Commission. OMB Approval Date: May 25, 2017. (including eligibility for designated ACTION: Notice. OMB Expiration Date: May 31, 2020. entity benefits), the eligibility of parties Title: Sections 1.2110, 1.2111 and to whom licenses/authorizations are SUMMARY: The following applicants filed 1.2112, Auction and Licensing being assigned or transferred, and the AM or FM proposals to change the Disclosures—Ownership and repayment by license/authorization community of License: Alpha Media Designated Entity Status. holders of the amount of bidding credits Licensee, LLC, Station NEW, Facility ID Form Number: N/A. received in Commission auctions to 198622, BNPH- 20151013AIK, From Respondents: Business or other for avoid unjust enrichment. Applicants Longview, TX, To Hallsville, TX; Byrne profit entities, not-for-profit institutions, and licensees/authorization holders Acquisition Group, LLC, Station WAHT, and State, local or Tribal governments. claiming eligibility for designated entity Facility ID 24482, BP–20170424AAT, Number of Respondents and status are subject to audits and a record- From Clemson, SC, To Cowpens, SC; Responses: 310 respondents; 310 keeping requirement regarding FCC- Central Florida Educational responses. licensed service concerning such claims Foundational, Inc., Station WPOZ, Estimated Time per Response: 0.50 of eligibility, to confirm that their Facility ID 9876, BPED–20170504ABA, hours to 2 hours. representations are, and remain, From Union Park, FL, To Orlando, FL; Frequency of Response: On occasion accurate. Educational Media Foundation, Station reporting requirement, recordkeeping The collection of this information will KLRW, Facility ID 92140, BPED– requirement and third party disclosure enable the Commission to determine 20170530AAM, From Byrne, TX, To San reporting requirement. whether applicants are qualified to bid Angelo, TX; Isleta Radio Company, Obligation to Respond: Required to on and hold Commission licenses/ Station KRKE, Facility ID 22391, BP- obtain or retain benefits. Statutory authorizations and, if applicable, to 20151123BZF, From Milan, NM, To authority for this information collection receive designated entity benefits, and is Moriarty, NM; Point Ten, LLC, Station is contained in Sections 154(i) and designed to ensure the fairness of the KXFM, Facility ID 5470, BPH– 309(j) of the Communications Act of auction, licensing, and license/ 20151110ANR, From Santa Maria, CA, 1934, as amended, 47 U.S.C. 4(i) and authorization assignment and transfer To Port Hueneme, CA; SLC Divestiture 309(j)(5). processes. The information collected Trust I (W. Lawrence Patrick, Trustee), Total Annual Burden: 470 hours. will be reviewed and, if warranted, Station KDWY, Facility ID 77947, Total Annual Cost: $31,500. referred to the Commission’s BMPH- 20170223ABT, From Oakley, Nature and Extent of Confidentiality: Enforcement Bureau for possible UT, To Diamondville, WY; Sun Valley The Commission is not requesting that investigation and administrative action. Media Group, LLC, Station KPTO, respondents submit confidential The Commission may also refer Facility ID 129638, BP–20170531ABF, information to the Commission as part allegations of anticompetitive auction From Pocatello, ID, To Hailey, ID. of this information collection. However, conduct to the Department of Justice for DATES: The agency must receive to the extent a respondent wishes to investigation. request confidential treatment of OMB has approved separately the comments on or before August 22, 2017. information submitted in response to routine collections of information ADDRESSES: Federal Communications this collection, it may do so in pursuant to these Commission rules in Commission, 445 12th Street SW., accordance with section 0.459 of the applications to participate in Washington, DC 20554. Commission’s rules, 47 CFR 0.459. Commission auctions, FCC Form 175, FOR FURTHER INFORMATION CONTACT: Privacy Act Impact Assessment: No OMB Control No. 3060–0600, and in Tung Bui, 202–418–2700. impact(s). Commission licensing applications, FCC SUPPLEMENTARY INFORMATION: The full Needs and Uses: In FCC 15–80, Form 601, OMB Control No. 3060–0798, text of these applications is available for Updating Part 1 Report and Order, the and assignment/transfer of control inspection and copying during normal Commission updated many of its Part 1 applications, FCC Form 603, OMB business hours in the Commission’s competitive bidding rules. Among other Control No. 3060–0800. On occasion, Reference Center, 445 12th Street SW.,

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Washington, DC 20554 or electronically persons may express their views in includes whether the acquisition of the via the Media Bureau’s Consolidated writing on the standards enumerated in nonbanking company complies with the Data Base System, http:// the BHC Act (12 U.S.C. 1842(c)). If the standards in section 10(c)(4)(B) of the licensing.fcc.gov/prod/cdbs/pubacc/ proposal also involves the acquisition of HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless prod/cdbs_pa.htm. a nonbanking company, the review also otherwise noted, nonbanking activities Federal Communications Commission. includes whether the acquisition of the will be conducted throughout the nonbanking company complies with the James D. Bradshaw, United States. standards in section 4 of the BHC Act Unless otherwise noted, comments Deputy Chief, Audio Division, Media Bureau. (12 U.S.C. 1843). Unless otherwise regarding each of these applications [FR Doc. 2017–13164 Filed 6–22–17; 8:45 am] noted, nonbanking activities will be must be received at the Reserve Bank BILLING CODE 6712–01–P conducted throughout the United States. indicated or the offices of the Board of Unless otherwise noted, comments Governors not later than July 20, 2017. regarding each of these applications A. Federal Reserve Bank of Chicago FEDERAL ELECTION COMMISSION must be received at the Reserve Bank (Colette A. Fried, Assistant Vice indicated or the offices of the Board of President) 230 South LaSalle Street, Sunshine Act Meeting Governors not later than July 20, 2017. Chicago, Illinois 60690–1414: A. Federal Reserve Bank of St. Louis 1. FFBW, MHC, to become a mutual AGENCY: Federal Election Commission. (David L. Hubbard, Senior Manager) savings and loan holding company, and DATE AND TIME: Tuesday, June 6, 2017 at P.O. Box 442, St. Louis, Missouri FFBW, Inc., to become a mid-tier stock 10:00 a.m. and its continuation at the 63166–2034. Comments can also be sent savings and loan holding company, by conclusion of the open meeting on June electronically to acquiring 100 percent of First Federal 8, 2017 and its continuation on June 21, [email protected]: Bank of Wisconsin, all of Brookfield, 2017 at 10:00 a.m. 1. First Horizon National Corporation, Wisconsin. PLACE: 999 E Street NW., Washington, Memphis, Tennessee; to merge with Board of Governors of the Federal Reserve DC. Capital Bank Financial Corp., Charlotte, System, June 20, 2017. STATUS: This meeting was closed to the North Carolina, and thereby indirectly Yao-Chin Chao, acquire Capital Bank Corp., Raleigh, public. Assistant Secretary of the Board. North Carolina. FEDERAL REGISTER NOTICE OF PREVIOUS [FR Doc. 2017–13137 Filed 6–22–17; 8:45 am] Board of Governors of the Federal Reserve ANNOUNCEMENT: 82 FR 26928. BILLING CODE 6210–01–P System, June 20, 2017. ITEMS ALSO DISCUSSED: This meeting was Yao-Chin Chao, continued on Thursday, June 21, 2017. Assistant Secretary of the Board. * * * * * DEPARTMENT OF HEALTH AND [FR Doc. 2017–13138 Filed 6–22–17; 8:45 am] HUMAN SERVICES PERSON TO CONTACT FOR INFORMATION: BILLING CODE 6210–01–P Judith Ingram, Press Officer, Telephone: Administration for Children and (202) 694–1220. Families FEDERAL RESERVE SYSTEM Laura E. Sinram, [CFDA Number: 93.676] Acting Deputy Secretary of the Commission. Formations of, Acquisitions by, and [FR Doc. 2017–13323 Filed 6–21–17; 4:15 pm] Mergers of Savings and Loan Holding Announcement of the Award of 43 BILLING CODE 6715–01–P Companies Single-Source Low-Cost Extension Supplement Grants Within the Office of The companies listed in this notice Refugee Resettlement’s have applied to the Board for approval, FEDERAL RESERVE SYSTEM Unaccompanied Alien Children’s pursuant to the Home Owners’ Loan Act (UAC) Program Formations of, Acquisitions by, and (12 U.S.C. 1461 et seq.) (HOLA), AGENCY: Office of Refugee Resettlement Mergers of Bank Holding Companies Regulation LL (12 CFR part 238), and Regulation MM (12 CFR part 239), and (ORR), Administration for Children and The companies listed in this notice all other applicable statutes and Families (ACF), Department of Health have applied to the Board for approval, regulations to become a savings and and Human Services (HHS). pursuant to the Bank Holding Company loan holding company and/or to acquire ACTION: Notice of award of 43 single- Act of 1956 (12 U.S.C. 1841 et seq.) the assets or the ownership of, control source low-cost extension supplement (BHC Act), Regulation Y (12 CFR part of, or the power to vote shares of a grants under the Unaccompanied Alien 225), and all other applicable statutes savings association and nonbanking Children’s (UAC) Program. and regulations to become a bank companies owned by the savings and SUMMARY: ACF, ORR, announces the holding company and/or to acquire the loan holding company, including the award of 43 single-source low-cost assets or the ownership of, control of, or companies listed below. the power to vote shares of a bank or The applications listed below, as well extension supplement grants for a total bank holding company and all of the as other related filings required by the of $34,847,803 under the banks and nonbanking companies Board, are available for immediate Unaccompanied Alien Children’s (UAC) owned by the bank holding company, inspection at the Federal Reserve Bank Program. including the companies listed below. indicated. The application also will be DATES: Low-cost extension supplement The applications listed below, as well available for inspection at the offices of grants will support activities from as other related filings required by the the Board of Governors. Interested January 1, 2017 through January 31, Board, are available for immediate persons may express their views in 2017. inspection at the Federal Reserve Bank writing on the standards enumerated in FOR FURTHER INFORMATION CONTACT: indicated. The applications will also be the HOLA (12 U.S.C. 1467a(e)). If the Jallyn Sualog, Director, Division of available for inspection at the offices of proposal also involves the acquisition of Unaccompanied Alien Children the Board of Governors. Interested a nonbanking company, the review also Operations, Office of Refugee

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Resettlement, 330 C Street SW., support the immediate need for In order to be prepared for an increase Washington, DC 20201. Phone: (202) additional capacity of shelter services to in referrals for shelter and post release/ 401–4997. Email: DCSProgram@ accommodate the increasing number of home studies services, ORR will solicit acf.hhs.gov. UACs referred by DHS into ORR care. proposals from forty three grantees to The increase in the UAC population accommodate the extensive amount of SUPPLEMENTARY INFORMATION: The necessitates the need for expansion of referrals from DHS. following supplement grants will services to expedite the release of UAC.

Location Grantee Amount

U.S. Multi-City ...... BCFS Health and Human Services ...... $1,145,366.00 U.S. Multi-City ...... Southwest Key, Inc ...... 349,114.00 U.S. Multi-City ...... United States Conference of Catholic Bishops ...... 238,188.00 U.S. Multi-City ...... Crittenton ...... 100,522.00 Children’s Village ...... 96,438.00 U.S. Multi-City ...... MercyFirst ...... 41,171.00 U.S. Multi-City ...... United States Committee for Refugee and Immigrants ...... 530,760.00 U.S. Multi-City ...... His House, Inc ...... 24,414 U.S. Multi-City ...... Heartland ...... 111,211.00 U.S. Multi-City ...... Lutheran Immigration and Refugee Service ...... 270,959.00 Staunton, VA ...... Shenandoah ...... 330,255.00 Lincolndale, NY ...... Lincoln Hall ...... 1,280,435.00 San Antonio, TX ...... St. Peter-St. Joseph Children’s Home ...... 574,485.00 Corpus Christi, TX ...... Upbring ...... 216,543.00 Chicago, IL ...... Heartland Human Care, Inc ...... 3,169,960.00 National ...... United Stated Conference of Catholic Bishops ...... 507,397.00 Mesa, AZ ...... A New Leaf ...... 248,248.00 La Verne, CA ...... David & Margaret ...... 518,699.00 Fullerton, CA ...... Florence Crittenton ...... 1,017,271.00 Manvel, TX ...... Shiloh ...... 429,079.00 Houston, TX ...... Catholic Charities Houston-Galveston ...... 563,040.00 Miami, FL ...... His House ...... 742,246.00 Corpus Christi, TX ...... Upbring ...... 2,004,628 U.S. Multi-City ...... BCFS Health and Human Services (102) ...... 8,156,483.00 National ...... Lutheran Immigration and Refugee Service ...... 1,450,002.00 Seattle, WA ...... Youth Care ...... 129,580.00 Portland, OR ...... Morrison Child and Family Services ...... 883,727.00 Phoenix, AZ ...... Tumbleweed Child and Family Services ...... 177,104.00 Philadelphia, PA ...... KidsPeace ...... 875,670.00 San Antonio, TX ...... BCFS Health and Human Services (110) ...... 159,870.00 San Antonio, TX ...... Seton Home ...... 275,474.00 Fairfield, CA ...... BCFS Health and Human Services (112) ...... 316,623.00 Bristow, VA ...... Youth for Tomorrow ...... 1,005,950.00 Woodland, CA ...... Yolo County ...... 235,636.00 Miami, FL ...... Catholic Charities Boystown ...... 442,406.00 San Antonio, TX ...... BCFS Health and Human Services (116) ...... 1,018,000.00 Bronx, NY ...... Cardinal McCloskey ...... 148,056.00 Syosset, NY ...... Mercy First ...... 515,025.00 Kingston, NY ...... Children’s Home of Kingston ...... 146,681.00 New York, NY ...... Lutheran Social Services of Metropolitan New York ...... 369,231.00 New York, NY ...... Cayuga Home for Children DBA Cayuga Centers ...... 2,703,131.00 New York, NY ...... Catholic Guardian Services ...... 560,869.00 Yonkers, NY ...... Leake and Watts Services, Inc ...... 767,856.00

ORR has specific requirements for the migration, trafficking, and protect the Protection Reauthorization Act of 2008 provision of services. Award recipients borders of the United States. (Pub. L. 110–457), which authorizes must have the infrastructure, licensing, Statutory Authority: This program is post release services under certain experience, and appropriate level of authorized by— conditions to eligible children. All trained staff to meet those requirements. (A) Section 462 of the Homeland programs must comply with the Flores The expansion of the existing shelter Security Act of 2002, which in March Settlement Agreement, Case No. CV85– services and post-release/home studies 2003, transferred responsibility for the 4544–RJK (C.D. Cal. 1996), pertinent programs through this supplemental care and custody of Unaccompanied regulations and ORR policies and award is a key strategy for ORR to be Alien Children from the Commissioner procedures. prepared to meet its responsibility of of the former Immigration and safe and timely release of Naturalization Service (INS) to the Christopher Beach, Unaccompanied Alien Children referred Director of ORR of the Department of Senior Grants Policy Specialist, Division of to its care by DHS and to provide Health and Human Services (HHS). Grants Policy, Office of Administration, Administration for Children and Families. services for vulnerable youth post (B) The Flores Settlement Agreement, release. This will allow the US Border Case No. CV85–4544RJK (C.D. Cal. [FR Doc. 2017–13081 Filed 6–22–17; 8:45 am] Patrol to continue its vital national 1996), as well as the William BILLING CODE 4184–45–P security mission to prevent illegal Wilberforce Trafficking Victims

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DEPARTMENT OF HEALTH AND the Center for Devices and Radiological 2017, will be considered for nomination HUMAN SERVICES Health. In accordance with the 21st to the committee as later vacancies Century Cures Act, this notice provides occur. Food and Drug Administration an annual opportunity for patients, ADDRESSES: All nominations for representatives of patients, and sponsors [Docket No. FDA–2017–N–0001] membership should be submitted of medical device submissions to electronically by logging into the FDA provide recommendations for Request for Nominations for Voting Advisory Nomination Portal: https:// individuals with appropriate expertise Members on Public Advisory Panels or www.accessdata.fda.gov/scripts/ to fill voting member positions on Committees; Device Good FACTRSPortal/FACTRS/index.cfm or by classification panels. Manufacturing Practice Advisory mail to Advisory Committee Oversight Committee and the Medical Devices FDA seeks to include the views of women and men, members of all racial and Management Staff, Food and Drug Advisory Committee and ethnic groups, and individuals with Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, AGENCY: Food and Drug Administration, and without disabilities on its advisory MD 20993–0002. Information about HHS. committees and, therefore, encourages becoming a member on an FDA advisory ACTION: Notice. nominations of appropriately qualified candidates from these groups. committee can also be obtained by visiting FDA’s Web site at https:// SUMMARY: The Food and Drug DATES: Nominations received on or www.fda.gov/AdvisoryCommittees/ Administration (FDA or Agency) is before August 22, 2017, will be given default.htm. requesting nominations for voting first consideration for membership on members to serve on the Device Good the Device Good Manufacturing Practice FOR FURTHER INFORMATION CONTACT: Manufacturing Practice Advisory Advisory Committee and Panels of the Regarding all nomination questions for Committee and device panels of the Medical Devices Advisory Committee. membership, contact the following Medical Devices Advisory Committee in Nominations received after August 22, persons listed in table 1:

TABLE 1—COMMITTEE CONTACT

Primary contact person or designated federal officer Committee

Sara Anderson, Office of Device Evaluation, Center for Devices and Dental Products Panel, Hematology and Pathology Devices Panel, Radiological Health, Food and Drug Administration, 10903 New Orthopaedic and Rehabilitation Devices Panel. Hampshire Ave., Bldg. 66, Rm. G616, Silver Spring, MD 20993, 301–796–7047, email: [email protected]. Aden S. Asefa, Office of Device Evaluation, Center for Devices and General Hospital and Personal Use Devices Panel, Neurological De- Radiological Health, Food and Drug Administration, 10903 New vices Panel, Ophthalmic Devices Panel, Immunology Devices Panel, Hampshire Ave., Bldg. 66, Rm. G642, Silver Spring, MD 20993, Device Good Manufacturing Practice Advisory Committee. 301–796–0400, email: [email protected]. Shanika Craig, Office of Device Evaluation, Center for Devices and Ra- Anesthesiology and Respiratory Therapy Devices Panel, Microbiology diological Health, Food and Drug Administration, 10903 New Hamp- Devices Panel, Obstetrics and Gynecology Devices Panel, Radio- shire Ave., Bldg. 66, Rm. G644, Silver Spring, MD 20993, 301–796– logical Devices Panel. 6639, email: [email protected]. Patricio G. Garcia, Office of Device Evaluation, Center for Devices and Clinical Chemistry and Clinical Toxicology Panel, Gastroenterology and Radiological Health, Food and Drug Administration, 10903 New Urology Devices Panel, General and Plastic Surgery Devices Panel. Hampshire Ave., Bldg. 66, Rm. G610, Silver Spring, MD 20993, 301–796–6875, email: [email protected]. Pamela Scott, Office of the Center Director, Center for Devices and Medical Devices Dispute Resolution Panel. Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5572, Silver Spring, MD 20993, 301– 796–5433, email: [email protected]. Evella F. Washington, Office of Device Evaluation, Center for Devices Circulatory System Devices Panel, Ear, Nose and Throat Devices and Radiological Health, Food and Drug Administration, 10903 New Panel, Molecular and Clinical Genetics Devices Panel. Hampshire Ave., Bldg. 66, Rm. G640, Silver Spring, MD 20993, 301–796–6683, email: [email protected].

SUPPLEMENTARY INFORMATION: FDA is requesting nominations for voting members for vacancies listed in table 2:

TABLE 2—EXPERTISE NEEDED, VACANCIES, AND APPROXIMATE DATE NEEDED

Upcoming Committee expertise needed vacancies Approximate date needed

Device Good Manufacturing Practice Advisory Committee—Experts needed to pro- 5 Immediately: Health Professional (2). vide cross-cutting scientific or clinical expertise concerning the particular issue in June 1, 2017: Government Representa- dispute. Vacancies include a public representative and a government representa- tives (2) and General Public Rep- tive. resentative (1). Anesthesiology and Respiratory Therapy Devices Panel of the Medical Devices Ad- 3 December 1, 2017. visory Committee—Anesthesiologists, pulmonary medicine specialists, or other experts who have specialized interests in ventilator support, pharmacology, phys- iology, or the effects and complications of anesthesia.

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TABLE 2—EXPERTISE NEEDED, VACANCIES, AND APPROXIMATE DATE NEEDED—Continued

Upcoming Committee expertise needed vacancies Approximate date needed

Circulatory System Devices Panel of the Medical Devices Advisory Committee— 1 July 1, 2017. Interventional cardiologists, electrophysiologists, invasive (vascular) radiologists, vascular and cardiothoracic surgeons, and cardiologists with special interest in congestive heart failure. Clinical Chemistry and Clinical Toxicology Panel of the Medical Devices Advisory 2 Immediately. Committee—Doctors of medicine or philosophy with experience in clinical chem- istry (e.g., cardiac markers), clinical toxicology, clinical pathology, clinical labora- tory medicine, and endocrinology. Dental Products Panel of the Medical Devices Advisory Committee—Dentists, engi- 3 November 1, 2017. neers, and scientists who have expertise in the areas of dental implants, dental materials, periodontology, tissue engineering, and dental anatomy. Ear, Nose and Throat Devices Panel of the Medical Devices Advisory Committee— 1 Immediately. Otologists, neurotologists, and audiologists. 3 November 1, 2017. Gastroenterology and Urology, Devices Panel of the Medical Devices Advisory 1 Immediately. Committee—Gastroenterologists, urologists, and nephrologists. 2 January 1, 2018. General and Plastic Surgery Devices Panel of the Medical Devices Advisory Com- 1 Immediately. mittee—Surgeons (general, plastic, reconstructive, pediatric, thoracic, abdominal, 2 September 1, 2017. pelvic, and endoscopic); dermatologists; experts in biomaterials, lasers, wound healing, and quality of life; and biostatisticians. General Hospital and Personal Use Devices Panel of the Medical Devices Advisory 1 Immediately. Committee—Internists, pediatricians, neonatologists, endocrinologists, geron- 2 January 1, 2018. tologists, nurses, biomedical engineers or microbiologists/infection control practi- tioners or experts. Hematology and Pathology Devices Panel of the Medical Devices Advisory Com- 1 Immediately. mittee—Hematologists (benign and/or malignant hematology), hematopathologists (general and special hematology, coagulation and homeo- stasis, and hematological oncology), gynecologists with special interests in gyne- cological oncology, cytopathologists, and molecular pathologists with special in- terests in development of predictive and prognostic biomarkers. Immunology Devices Panel of the Medical Devices Advisory Committee—Persons 3 Immediately. with experience in medical, surgical, or clinical oncology, internal medicine, clin- ical immunology, allergy, molecular diagnostics, or clinical laboratory medicine. Medical Devices Dispute Resolution Panel of the Medical Devices Advisory Com- 1 Immediately. mittee—Experts with cross-cutting scientific, clinical, analytical or mediation skills. 1 October 1, 2017. Microbiology Devices Panel of the Medical Devices Advisory Committee—Infectious 5 Immediately. disease clinicians (e.g. pulmonary disease specialists, sexually transmitted dis- ease specialists, pediatric ID specialists, tropical diseases specialists) and clinical microbiologists experienced in emerging infectious diseases; clinical microbiology laboratory directors; molecular biologists with experience in in vitro diagnostic de- vice testing; virologists; hepatologists; or clinical oncologists experienced with tumor resistance and susceptibility. Molecular and Clinical Genetics Devices Panel of the Medical Devices Advisory 2 June 1, 2017. Committee—Experts in human genetics and in the clinical management of pa- tients with genetic disorders, e.g., pediatricians, obstetricians, neonatologists. In- dividuals with training in inborn errors of metabolism, biochemical and/or molec- ular genetics, population genetics, epidemiology and related statistical training, and clinical molecular genetics testing (e.g., genotyping, array CGH, etc.). Indi- viduals with experience in genetics counseling, medical ethics are also desired, and individuals with experience in ancillary fields of study will be considered. Neurological Devices Panel of the Medical Devices Advisory Committee—Neuro- 4 Immediately. surgeons (cerebrovascular and pediatric), neurologists (stroke, pediatric, pain 1 December 1, 2017. management, and movement disorders), interventional neuroradiologists, psychi- atrists, and biostatisticians. Obstetrics and Gynecology Devices Panel of the Medical Devices Advisory Com- 1 Immediately. mittee—Experts in perinatology, embryology, reproductive endocrinology, pedi- 3 February 1, 2018. atric gynecology, gynecological oncology, operative hysteroscopy, pelviscopy, electrosurgery, laser surgery, assisted reproductive technologies, contraception, postoperative adhesions, and cervical cancer and colposcopy; biostatisticians and engineers with experience in obstetrics/gynecology devices; urogynecologists; experts in breast care; experts in gynecology in the older pa- tient; experts in diagnostic (optical) spectroscopy; experts in midwifery; labor and delivery nursing. Ophthalmic Devices Panel of the Medical Devices Advisory Committee—Ophthal- 1 Immediately. mologists specializing in cataract and refractive surgery and vitreo-retinal sur- 2 November 1, 2017. gery, in addition to vision scientists, optometrists, and biostatisticians practiced in ophthalmic clinical trials.

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TABLE 2—EXPERTISE NEEDED, VACANCIES, AND APPROXIMATE DATE NEEDED—Continued

Upcoming Committee expertise needed vacancies Approximate date needed

Orthopaedic and Rehabilitation Devices Panel of the Medical Devices Advisory 2 September 1, 2017. Committee—Orthopaedic surgeons (joint, spine, trauma, and pediatric); rheumatologists; engineers (biomedical, biomaterials, and biomechanical); ex- perts in rehabilitation medicine, sports medicine, and connective tissue engineer- ing; and biostatisticians. Radiological Devices Panel of the Medical Devices Advisory—Physicians with ex- 1 Immediately. perience in general radiology, mammography, ultrasound, magnetic resonance, computed tomography, other radiological subspecialties and radiation oncology; scientists with experience in diagnostic devices, radiation physics, statistical anal- ysis, digital imaging and image analysis.

I. General Description of the specific issues or problems concerning devices. To be eligible for selection as Committees Duties the safety and effectiveness of devices. a representative of the general public, With the exception of the Medical nominees should possess appropriate A. Device Good Manufacturing Practice Devices Dispute Resolution Panel, each qualifications to understand and Advisory Committee panel, according to its specialty area, contribute to the committee’s work. The Committee reviews regulations may also make appropriate Three of the members shall be officers proposed for issuance regarding good recommendations to the Commissioner or employees of any State or local manufacturing practices governing the on issues relating to the design of government or of the Federal methods used in, and the facilities and clinical studies regarding the safety and Government; two shall be representative controls used for, the manufacture, effectiveness of marketed and of the interests of the device packing, storage, and installation of investigational devices. manufacturing industry; two shall be devices, and makes recommendations to The Dental Products Panel also representatives of the interests of the Commissioner of Food and Drugs functions at times as a dental drug physicians and other health (the Commissioner) regarding the panel. The functions of the dental drug professionals; and two shall be feasibility and reasonableness of those panel are to evaluate and recommend representatives of the interests of the proposed regulations. The committee whether various prescription drug general public. Almost all non-Federal also advises the Commissioner with products should be changed to over-the- members of this committee serves as regard to any petition submitted by a counter status and to evaluate data and Special Government Employees. manufacturer for an exemption or make recommendations concerning the Members are invited to serve for variance from good manufacturing approval of new dental drug products overlapping terms of 4 years. The practice regulations that is referred to for human use. particular needs at this time for this the committee. The Medical Devices Dispute committee are listed in Table 2 of this B. Medical Devices Advisory Committee Resolution Panel provides advice to the document. Commissioner on complex or contested The Committee reviews and evaluates scientific issues between FDA and B. Panels of the Medical Devices data on the safety and effectiveness of medical device sponsors, applicants, or Advisory Committee marketed and investigational devices manufacturers relating to specific and makes recommendations for their The Medical Devices Advisory products, marketing applications, regulation. The panels engage in a Committee with its 18 panels shall regulatory decisions and actions by number of activities to fulfill the consist of a maximum of 159 standing functions the Federal Food, Drug, and FDA, and Agency guidance and members. Members are selected by the Cosmetic Act (the FD&C Act) envisions policies. The panel makes Commissioner or designee from among for device advisory panels. With the recommendations on issues that are authorities in clinical and exception of the Medical Devices lacking resolution, are highly complex administrative medicine, engineering, Dispute Resolution Panel, each panel, in nature, or result from challenges to biological and physical sciences, and according to its specialty area performs regular advisory panel proceedings or other related professions. Almost all the following duties: (1) Advises the Agency decisions or actions. non-Federal members of this committee Commissioner regarding recommended II. Criteria for Voting Members serve as Special Government classification or reclassification of Employees. A maximum of 122 devices into one of three regulatory A. Device Good Manufacturing Practice members shall be standing voting categories, (2) advises on any possible Advisory Committee members and 37 shall be nonvoting risks to health associated with the use The Committee consists of a core of members who serve as representatives of devices, (3) advises on formulation of nine members including the Chair. of consumer interests and of industry product development protocols, (4) Members and the Chair are selected by interests. FDA is publishing separate reviews premarket approval the Secretary of Health and Human documents announcing the Request for applications for medical devices, (5) Services. Persons nominated for Nominations Notification for Non- reviews guidelines and guidance membership as a health professional or Voting Representatives on certain documents, (6) recommends exemption officer or employee of any Federal, panels of the Medical Devices Advisory of certain devices from the application State, or local government should have Committee. Persons nominated for of portions of the FD&C Act, (7) advises knowledge of or expertise in any one or membership on the panels should have on the necessity to ban a device, and (8) more of the following areas: Quality adequately diversified experience responds to requests from the Agency to assurance concerning the design, appropriate to the work of the panel in review and make recommendations on manufacture, and use of medical such fields as clinical and

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administrative medicine, engineering, SUMMARY: In connection with promoting Staff, FDA will post your comment, as biological and physical sciences, the use of innovative technologies, the well as any attachments, except for statistics, and other related professions. Food and Drug Administration (FDA or information submitted, marked and The nature of specialized training and Agency) is establishing a public docket identified, as confidential, if submitted experience necessary to qualify the to invite discussion of issues related to as detailed in ‘‘Instructions.’’ nominee as an expert suitable for the adoption of continuous Instructions: All submissions received appointment may include experience in manufacturing by the pharmaceutical must include the Docket No. FDA– medical practice, teaching, and/or industry. 2017–N–2697 for ‘‘Submission of Proposed Recommendations for research relevant to the field of activity DATES: Submit electronic or written Industry on Developing Continuous of the panel. The particular needs at this comments by September 21, 2017. time for each panel are listed in table 2 Manufacturing of Solid Dosage Drug ADDRESSES: You may submit comments of this document. Members will be Products in Pharmaceutical as follows. Please note that late, invited to serve for terms of up to 4 Manufacturing; Establishment of a untimely filed comments will not be years. Public Docket.’’ Received comments, considered. Electronic comments must those filed in a timely manner (see III. Nomination Procedures be submitted on or before September 21, ADDRESSES), will be placed in the docket Any interested person may nominate 2017. The https://www.regulations.gov and, except for those submitted as one or more qualified individuals for electronic filing system will accept ‘‘Confidential Submissions,’’ publicly membership on one or more of the comments until midnight Eastern Time viewable at https://www.regulations.gov advisory panels or advisory committees. at the end of September 21, 2017. or at the Dockets Management Staff Self-nominations are also accepted. Comments received by mail/hand between 9 a.m. and 4 p.m., Monday Nominations must include a current, delivery/courier (for written/paper through Friday. • complete resume or curriculum vitae for submissions) will be considered timely Confidential Submissions—To each nominee, including current if they are postmarked or the delivery submit a comment with confidential business address and/or home address, service acceptance receipt is on or information that you do not wish to be telephone number, and email address if before that date. made publicly available, submit your available. Nominations must also Electronic Submissions comments only as a written/paper specify the advisory committee(s) for submission. You should submit two Submit electronic comments in the which the nominee is recommended. copies total. One copy will include the following way: Nominations must also acknowledge information you claim to be confidential • Federal eRulemaking Portal: that the nominee is aware of the with a heading or cover note that states https://www.regulations.gov. Follow the nomination unless self-nominated. FDA ‘‘THIS DOCUMENT CONTAINS instructions for submitting comments. will ask potential candidates to provide CONFIDENTIAL INFORMATION.’’ The Comments submitted electronically, detailed information concerning such Agency will review this copy, including including attachments, to https:// matters related to financial holdings, the claimed confidential information, in www.regulations.gov will be posted to employment, and research grants and/or its consideration of comments. The the docket unchanged. Because your contracts to permit evaluation of second copy, which will have the comment will be made public, you are possible sources of conflict of interest. claimed confidential information solely responsible for ensuring that your This notice is issued under the redacted/blacked out, will be available comment does not include any Federal Advisory Committee Act (5 for public viewing and posted on confidential information that you or a U.S.C. app. 2) and 21 CFR part 14, https://www.regulations.gov. Submit third party may not wish to be posted, relating to advisory committees. both copies to the Dockets Management such as medical information, your or Staff. If you do not wish your name and Dated: June 20, 2017. anyone else’s Social Security number, or contact information to be made publicly Anna K. Abram, confidential business information, such available, you can provide this Deputy Commissioner for Policy, Planning, as a manufacturing process. Please note information on the cover sheet and not Legislation, and Analysis. that if you include your name, contact in the body of your comments and you [FR Doc. 2017–13182 Filed 6–22–17; 8:45 am] information, or other information that must identify this information as BILLING CODE 4164–01–P identifies you in the body of your ‘‘confidential.’’ Any information marked comments, that information will be as ‘‘confidential’’ will not be disclosed posted on https://www.regulations.gov. except in accordance with 21 CFR 10.20 DEPARTMENT OF HEALTH AND • If you want to submit a comment and other applicable disclosure law. For HUMAN SERVICES with confidential information that you more information about FDA’s posting do not wish to be made available to the of comments to public dockets, see 80 Food and Drug Administration public, submit the comment as a FR 56469, September 18, 2015, or access written/paper submission and in the the information at: https://www.gpo.gov/ [Docket No. FDA–2017–N–2697] manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- Submissions’’ and ‘‘Instructions’’). 23389.pdf. Submission of Proposed Docket: For access to the docket to Recommendations for Industry on Written/Paper Submissions read background documents or the Developing Continuous Manufacturing Submit written/paper submissions as electronic and written/paper comments of Solid Dosage Drug Products in follows: received, go to https:// Pharmaceutical Manufacturing; • Mail/Hand delivery/Courier (for www.regulations.gov and insert the Establishment of a Public Docket written/paper submissions): Dockets docket number, found in brackets in the AGENCY: Food and Drug Administration, Management Staff (HFA–305), Food and heading of this document, into the HHS. Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management ACTION: Notice; establishment of docket; • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, request for comments. submitted to the Dockets Management Rockville, MD 20852.

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Submit written requests for single DEPARTMENT OF HEALTH AND Electronic Submissions copies of the Engineering Research HUMAN SERVICES Submit electronic comments in the Center for Structured Organic following way: Food and Drug Administration Particulate Systems (C-SOPS) document • Federal eRulemaking Portal: to the Division of Drug Information, [Docket No. FDA–2017–N–3067] https://www.regulations.gov. Follow the Center for Drug Evaluation and instructions for submitting comments. Research, Food and Drug Patient-Focused Drug Development for Comments submitted electronically, Administration, 10903 New Hampshire Alopecia Areata; Public Meeting; including attachments, to https:// Ave., Bldg. 51, Rm. 2201, Silver Spring, Request for Comments www.regulations.gov will be posted to MD 20993–0002. Send one self- the docket unchanged. Because your addressed adhesive label to assist that AGENCY: Food and Drug Administration, HHS. comment will be made public, you are office in processing your requests. See solely responsible for ensuring that your the SUPPLEMENTARY INFORMATION section ACTION: Notice of public meeting; request for comments. comment does not include any for electronic access to the C-SOPS confidential information that you or a document. SUMMARY: The Food and Drug third party may not wish to be posted, FOR FURTHER INFORMATION CONTACT: Sau Administration (FDA, the Agency, or such as medical information, your or (Larry) Lee, Center for Drug Evaluation we) is announcing a public meeting and anyone else’s Social Security number, or and Research, Food and Drug an opportunity for public comment on confidential business information, such Administration, 10903 New Hampshire ‘‘Patient-Focused Drug Development for as a manufacturing process. Please note Ave., Bldg. 22, Rm. 2128, Silver Spring, Alopecia Areata.’’ Patient-Focused Drug that if you include your name, contact MD 20993–0002, 301–796–2905, Development is part of FDA’s information, or other information that [email protected]. performance commitments under the identifies you in the body of your fifth authorization of the Prescription comments, that information will be SUPPLEMENTARY INFORMATION: Drug User Fee Act (PDUFA V). The posted on https://www.regulations.gov. public meeting is intended to allow • I. Background If you want to submit a comment FDA to obtain patients’ perspectives on with confidential information that you During a May 7, 2015, workshop on the impact of alopecia areata, including do not wish to be made available to the the Future of Pharmaceutical on daily life. FDA is also seeking public, submit the comment as a Manufacturing, FDA agreed that patients’ views on treatment approaches written/paper submission and in the interested parties could submit for and decision factors taken into account manner detailed (see ‘‘Written/Paper Agency consideration draft guidance or when selecting a treatment. Submissions’’ and ‘‘Instructions’’). DATES: The public meeting will be held other materials discussing the science, Written/Paper Submissions technology, and best practices related to on September 11, 2017, from 1 p.m. to continuous manufacturing. On June 13, 5 p.m. Submit either electronic or Submit written/paper submissions as 2016, C-SOPS submitted to FDA an written comments on this public follows: industry-coordinated best practices meeting by November 13, 2017. See the • Mail/Hand delivery/Courier (for document on continuous SUPPLEMENTARY INFORMATION section for written/paper submissions): Dockets manufacturing. FDA is interested in registration date and information. Management Staff (HFA–305), Food and public comments about the science, ADDRESSES: The public meeting will be Drug Administration, 5630 Fishers technology, and practices discussed in held at the FDA White Oak Campus, Lane, Rm. 1061, Rockville, MD 20852. the C-SOPS document and is opening 10903 New Hampshire Ave., Bldg. 31 • For written/paper comments this docket for that purpose. In addition, Conference Center, the Great Room (Rm. submitted to the Dockets Management FDA is seeking comments on other 1503), Silver Spring, MD 20993–0002. Staff, FDA will post your comment, as recommendations regarding continuous Entrance for the public meeting well as any attachments, except for manufacturing that have already been participants (non-FDA employees) is information submitted, marked and published, including ‘‘Regulatory and through Building 1 where routine identified, as confidential, if submitted Quality Considerations for Continuous security check procedures will be as detailed in ‘‘Instructions.’’ Manufacturing: May 20–21, 2014, performed. For more information on Instructions: All submissions received Continuous Manufacturing parking and security procedures, please must include the Docket No. FDA– Symposium.’’ FDA invites comment on refer to http://www.fda.gov/AboutFDA/ 2017–N–3067 for ‘‘Patient-Focused Drug control strategy, facility, and process WorkingatFDA/BuildingsandFacilities/ Development for Alopecia Areata.’’ validation considerations for continuous WhiteOakCampusInformation/ Received comments, those filed in a manufacturing of solid oral dosage ucm241740.htm. timely manner (see ADDRESSES), will be forms. This request is not limited to You may submit comments as placed in the docket and, except for comments on the proposal described in follows. Please note that late, untimely those submitted as ‘‘Confidential the C-SOPS submission. filed comments will not be considered. Submissions,’’ publicly viewable at Electronic comments must be submitted https://www.regulations.gov or at the II. Electronic Access on or before November 13, 2017. The Dockets Management Staff between 9 Persons with access to the Internet https://www.regulations.gov electronic a.m. and 4 p.m., Monday through filing system will accept comments Friday. may obtain the C-SOPS document at • https://www.regulations.gov. until midnight Eastern Time at the end Confidential Submissions—To of November 13, 2017. Comments submit a comment with confidential Dated: June 15, 2017. received by mail/hand delivery/courier information that you do not wish to be Anna K. Abram, (for written/paper submissions) will be made publicly available, submit your Deputy Commissioner for Policy, Planning, considered timely if they are comments only as a written/paper Legislation, and Analysis. postmarked or the delivery service submission. You should submit two [FR Doc. 2017–13195 Filed 6–22–17; 8:45 am] acceptance receipt is on or before that copies total. One copy will include the BILLING CODE 4164–01–P date. information you claim to be confidential

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with a heading or cover note that states and Drug Administration Safety and condition, (2) treatment approaches, and ‘‘THIS DOCUMENT CONTAINS Innovation Act (FDASIA) (Pub. L. 112– (3) decision factors taken into account CONFIDENTIAL INFORMATION.’’ The 144). The full set of performance when selecting a treatment. Agency will review this copy, including commitments is available on the FDA The questions that will be asked of the claimed confidential information, in Web site at http://www.fda.gov/ patients and patient stakeholders at the its consideration of comments. The downloads/forindustry/userfees/ meeting are listed in this section and second copy, which will have the prescriptiondruguserfee/ organized by topic. For each topic, a claimed confidential information ucm270412.pdf. brief initial patient panel discussion redacted/blacked out, will be available FDA committed to obtain the patient will begin the dialogue. This will be for public viewing and posted on perspective on at least 20 disease areas followed by a facilitated discussion https://www.regulations.gov. Submit during the course of PDUFA V. For each inviting comments from other patient both copies to the Dockets Management disease area, the Agency is conducting and patient stakeholder participants. In Staff. If you do not wish your name and a public meeting to discuss the disease addition to input generated through this contact information to be made publicly and its impact on patients’ daily lives, public meeting, FDA is interested in available, you can provide this the types of treatment benefits that receiving patient input addressing these information on the cover sheet and not matter most to patients, and patients’ questions through electronic or written in the body of your comments and you perspectives on the adequacy of the comments, which can be submitted to must identify this information as available therapies. These meetings will the Dockets Management Staff (see ‘‘confidential.’’ Any information marked include participation of FDA review ADDRESSES). as ‘‘confidential’’ will not be disclosed divisions, the relevant patient Topic 1: Disease Symptoms and Daily except in accordance with 21 CFR 10.20 communities, and other interested Impacts That Matter Most to Patients and other applicable disclosure law. For stakeholders. more information about FDA’s posting On April 11, 2013, FDA published a 1. Of all the symptoms or disease of comments to public dockets, see 80 notice in the Federal Register (78 FR manifestations that you experience FR 56469, September 18, 2015, or access 21613), announcing the disease areas for because of your condition, which one to the information at: https://www.gpo.gov/ meetings in fiscal years (FYs) 2013– three symptoms or manifestations have fdsys/pkg/FR-2015-09-18/pdf/2015- 2015, the first 3 years of the 5-year the most significant impact on your life? 23389.pdf. PDUFA V timeframe. The Agency used Examples may include location or type Docket: For access to the docket to several criteria outlined in that notice to of hair loss (i.e. loss of hair on scalp, read background documents or the develop the list of disease areas. FDA loss of eyebrows, loss of all hair on body electronic and written/paper comments obtained public comment on the patchy hair loss), nail changes, hair received, go to https:// Agency’s proposed criteria and potential quality upon regrowth. www.regulations.gov and insert the disease areas through a public docket 2. Are there specific activities that are docket number, found in brackets in the and a public meeting that was convened important to you but that you cannot do heading of this document, into the on October 25, 2012. In selecting the set at all or as fully as you would like ‘‘Search’’ box and follow the prompts of disease areas, FDA carefully because of your condition? Examples of and/or go to the Dockets Management considered the public comments activities may include daily hygiene, Staff, 5630 Fishers Lane, Rm. 1061, received and the perspectives of review engagement in personal relationships, divisions at FDA. FDA initiated a Rockville, MD 20852. participation in sports or social FDA will post the agenda second public process for determining activities, completion of school or work approximately 5 days before the meeting the disease areas for FY 2016–2017, and activities, etc. at: https://www.fda.gov/ForIndustry/ published a notice in the Federal 3. How do your symptoms and their UserFees/PrescriptionDrugUserFee/ Register on July 2, 2015 (80 FR 38216), negative impacts affect your daily life ucm554443.htm. announcing the selection of eight on the best days? On the worst days? disease areas. More information, 4. How has your condition changed FOR FURTHER INFORMATION CONTACT: including the list of disease areas and a over time? Meghana Chalasani, Center for Drug general schedule of meetings, is posted • Would you define your condition Evaluation and Research, Food and at https://www.fda.gov/ForIndustry/ today as being well-managed? Drug Administration, 10903 New UserFees/PrescriptionDrugUserFee/ 5. What worries you most about your Hampshire Ave., Bldg. 51, Rm. 1146, ucm347317.htm. condition? Silver Spring, MD 20993–0002, 240– 402–6525, FAX: 301–847–8443, II. Purpose and Scope of the Meeting Topic 2: Patients’ Perspectives on [email protected]. As part of Patient-Focused Drug Current Approaches to Treatment SUPPLEMENTARY INFORMATION: Development, FDA will obtain patient 1. What are you currently doing to and patient stakeholder input on the help treat your condition or its I. Background on Patient-Focused Drug symptoms of alopecia areata that matter symptoms? Examples may include Development most to patients and on current prescription medicines, over-the- FDA has selected alopecia areata as approaches to treating alopecia areata. counter products, and non-drug the focus of a public meeting under the Alopecia areata is an autoimmune therapies such as diet modification. Patient-Focused Drug Development disease that causes hair loss. The hair • How has your treatment regimen initiative. This initiative involves loss usually occurs on the scalp but can changed over time, and why? obtaining a better understanding of also affect the beard, eyebrows, and 2. How well does your current patients’ perspectives on the severity of other areas of the body. While there is treatment regimen control your a disease and the available therapies for currently no cure, there are available condition? that condition. Patient-Focused Drug treatments, such as corticosteroids or • How well have these treatments Development is being conducted to non-drug therapies, which may help worked for you as your condition has fulfill FDA performance commitments hair regrowth. FDA is interested in the changed over time? that are part of the PDUFA perspectives of patients with alopecia 3. What are the most significant reauthorization under Title I of the Food areata on: (1) The impact of their downsides to your current treatments,

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and how do they affect your daily life? UserFees/PrescriptionDrugUserFee/ Program Deeming Applications for Free Examples of downsides may include ucm554443.htm. Clinics, OMB No. 0915–0293— going to the clinic for treatment, time Dated: June 20, 2017. Extension. devoted to treatment, side effects of Anna K. Abram, Abstract: Section 224(o) of the Public treatment, route of administration, etc. Deputy Commissioner for Policy, Planning, Health Service (PHS) Act (42 U.S.C. 4. What specific things would you Legislation, and Analysis. 233(o)), as amended, authorizes the look for in an ideal treatment for your [FR Doc. 2017–13194 Filed 6–22–17; 8:45 am] ‘‘deeming’’ of certain individuals as condition? BILLING CODE 4164–01–P PHS employees for the purposes of • What would you consider to be a receiving Federal Tort Claims Act meaningful improvement in your (FTCA) coverage. Section 224(o) relates condition that a treatment could DEPARTMENT OF HEALTH AND to employees, officers, and contractors provide? HUMAN SERVICES at qualifying free clinics. The Free 5. What factors do you take into Clinics FTCA Program is administered account when making decisions about Health Resources and Services by HRSA’s Bureau of Primary Health Administration selecting a course of treatment? Care (BPHC). Sponsoring free clinics are required by law to submit deeming III. Meeting Attendance and Agency Information Collection applications in the specified form and Participation Activities: Proposed Collection: Public Comment Request Information manner on behalf of named individuals If you wish to attend this meeting, Collection Request Title: Federal Tort for review and approval, resulting in a visit https:// Claims Act (FTCA) Program Deeming ‘‘deeming determination’’ that includes alopeciaareata.eventbrite.com. Persons Applications for Free Clinics, OMB No. associated FTCA coverage for these interested in attending this public 0915–0293—Extension individuals. meeting must register by August 28, Need and Proposed Use of the AGENCY: Health Resources and Services 2017. If you are unable to attend the Information: Deeming applications must meeting in person, you can register to Administration (HRSA), Department of Health and Human Services. address certain specified criteria view a live Webcast of the meeting. You required by law for deeming ACTION: will be asked to indicate in your Notice. determinations to be issued, and FTCA registration if you plan to attend in application forms are critical to BPHC’s person or via the Webcast. Early SUMMARY: In compliance with the requirement for opportunity for public deeming determination process. These registration is recommended because forms provide BPHC with the seating is limited; therefore, FDA may comment on proposed data collection information necessary to evaluate an limit the number of participants from projects of the Paperwork Reduction Act application and determine whether an each organization. Registrants will of 1995, the Health Resources and individual meets the requirements for receive confirmation once they have Services Administration (HRSA) deemed PHS employee status for the been accepted. Onsite registration on announces plans to submit an purposes of FTCA coverage. FTCA the day of the meeting will be based on Information Collection Request (ICR), application forms for free clinics do not space availability. If you need special described below, to the Office of require any changes with this extension accommodations due to a disability, Management and Budget (OMB). Prior other than to update the applicable please contact Meghana Chalasani (see to submitting the ICR to OMB, HRSA dates. FOR FURTHER INFORMATION CONTACT) no seeks comments from the public later than September 1, 2017. regarding the burden estimate, below, or Likely Respondents: Respondents any other aspect of the ICR. Patients who are interested in include free clinics seeking deemed presenting comments as part of the DATES: Comments on this Information PHS employee status on behalf of their initial panel discussions will be asked Collection Request must be received no sponsored individuals for purposes of to indicate in their registration which later than August 22, 2017. FTCA coverage. topic(s) they wish to address. These ADDRESSES: Submit your comments to Burden Statement: Burden in this patients also must send to [email protected] or mail the HRSA context means the time expended by [email protected] a brief Information Collection Clearance persons to generate, maintain, retain, summary of responses to the topic Officer, Room 14N39, 5600 Fishers disclose, or provide the information questions by August 21, 2017. Panelists Lane, Rockville, MD 20857. requested. This includes the time will be notified of their selection FOR FURTHER INFORMATION CONTACT: To needed to review instructions; to approximately 7 days before the public request more information on the develop, acquire, install, and utilize meeting. We will try to accommodate all proposed project or to obtain a copy of technology and systems for the purpose patients and patient stakeholders who the data collection plans and draft of collecting, validating and verifying wish to speak, either through the panel instruments, email [email protected] information, processing and discussion or audience participation; or call the HRSA Information Collection maintaining information, and disclosing however, the duration of comments may Clearance Officer at (301) 443–1984. and providing information; to train be limited by time constraints. SUPPLEMENTARY INFORMATION: When personnel and to be able to respond to Transcripts: Please be advised that as submitting comments or requesting a collection of information; to search soon as a transcript of the public information, please include the data sources; to complete and review meeting is available, it will be accessible information request collection title for the collection of information; and to at https://www.regulations.gov. It may reference, in compliance with Section transmit or otherwise disclose the be viewed at the Dockets Management 3506(c)(2)(A) of the Paperwork information. The total annual burden Staff (see ADDRESSES). A link to the Reduction Act of 1995. hours estimated for this Information transcript will also be available at Information Collection Request Title: Collection Request are summarized in https://www.fda.gov/ForIndustry/ Federal Tort Claims Act (FTCA) the table below.

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TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

FTCA Free Clinics Program Application ...... 228 3 684 2 1368

Total ...... 228 3 684 2 1368

HRSA specifically requests comments OMB, HRSA seeks comments from the Need and Proposed Use of the on (1) the necessity and utility of the public regarding the burden estimate, Information: Deeming applications must proposed information collection for the below, or any other aspect of the ICR. address certain specified criteria proper performance of the agency’s DATES: Comments on this ICR must be required by law for deeming functions, (2) the accuracy of the received no later than August 22, 2017. determinations to be issued, and FTCA estimated burden, (3) ways to enhance application forms are critical to BPHC’s ADDRESSES: Submit your comments to the quality, utility, and clarity of the deeming determination process. These [email protected] or mail the HRSA information to be collected, and (4) the forms provide BPHC with the Information Collection Clearance use of automated collection techniques information necessary to evaluate an Officer, Room 14N39, 5600 Fishers or other forms of information application and make a deeming Lane, Rockville, MD 20857. technology to minimize the information determination for the purposes of FTCA collection burden. FOR FURTHER INFORMATION CONTACT: To coverage. The application information is request more information on the Jason E. Bennett, also used to determine whether a site proposed project or to obtain a copy of visit is appropriate to assess issues Director, Division of the Executive Secretariat. the data collection plans and draft relating to the health center’s quality of [FR Doc. 2017–13178 Filed 6–22–17; 8:45 am] instruments, email [email protected] care and to determine technical BILLING CODE 4165–15–P or call the HRSA Information Collection assistance needs. Clearance Officer at (301) 443–1984. Likely Respondents: Respondents DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: When include Health Center Program funds HUMAN SERVICES submitting comments or requesting recipients seeking deemed PHS information, please include the employee status for purposes of FTCA Health Resources and Services information request collection title for coverage. Administration reference, in compliance with Section Burden Statement: Burden in this 3506(c)(2)(A) of the Paperwork context means the time expended by Agency Information Collection Reduction Act of 1995. persons to generate, maintain, retain, Activities: Proposed Collection: Public Information Collection Request Title: disclose, or provide the information Comment Request; Information Federal Tort Claims Act (FTCA) requested. This includes the time Collection Request Title: Federal Tort Program Deeming Applications for needed to review instructions; to Claims Act (FTCA) Program Deeming Health Centers, OMB No. 0906–XXXX— develop, acquire, install, and utilize Applications for Health Centers, OMB New technology and systems for the purpose No. 0906–XXXX—New Abstract: Section 224(g)–(n) of the of collecting, validating and verifying AGENCY: Health Resources and Services Public Health Service (PHS) Act (42 information, processing and Administration (HRSA), Department of U.S.C. 233(g)–(n)), as amended, maintaining information, and disclosing Health and Human Services. authorizes the ‘‘deeming’’ of entities and providing information; to train receiving funds under section 330 of the personnel and to be able to respond to ACTION: Notice. PHS Act as PHS employees for the a collection of information; to search SUMMARY: In compliance with the purposes of receiving Federal Tort data sources; to complete and review requirement for opportunity for public Claims Act (FTCA) coverage. The Health the collection of information; and to comment on proposed data collection Center Program is administered by transmit or otherwise disclose the projects of the Paperwork Reduction Act HRSA’s Bureau of Primary Health Care information. The total annual burden of 1995, HRSA announces plans to (BPHC). Health centers submit deeming hours estimated for this Information submit an Information Collection applications to BPHC in the prescribed Collection Request are summarized in Request (ICR), described below, to the form and manner to obtain deemed PHS the table below. Office of Management and Budget employee status with the associated Total Estimated Annualized Burden (OMB). Prior to submitting the ICR to FTCA coverage. Hours:

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

FTCA Health Center Program Initial Application ...... 35 1 35 2.5 87.5 FTCA Health Center Program Redeeming Application ...... 1125 1 1125 2.5 2812.5

Total ...... 1160 ...... 1160 ...... 2900

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HRSA specifically requests comments DATES: Comments on this ICR must be address certain specified criteria on (1) the necessity and utility of the received no later than August 22, 2017. required by law for deeming proposed information collection for the ADDRESSES: Submit your comments to determinations to be issued, and FTCA proper performance of the agency’s [email protected] or mail the HRSA application forms are critical to BPHC’s functions, (2) the accuracy of the Information Collection Clearance deeming determination process. These estimated burden, (3) ways to enhance Officer, Room 14N39, 5600 Fishers forms provide BPHC with the the quality, utility, and clarity of the Lane, Rockville, MD 20857. information necessary to evaluate an information to be collected, and (4) the FOR FURTHER INFORMATION CONTACT: To application and determine whether an use of automated collection techniques request more information on the individual meets the requirements for or other forms of information proposed project or to obtain a copy of deemed PHS employee status for the technology to minimize the information the data collection plans and draft purposes of FTCA coverage. Because the collection burden. instruments, email [email protected] 21st Century Cures Act extended FTCA Jason E. Bennett, or call the HRSA Information Collection coverage to VHPs, BPHC proposes to Clearance Officer at (301) 443–1984. Director, Division of the Executive Secretariat. add new FTCA application forms for SUPPLEMENTARY INFORMATION: [FR Doc. 2017–13176 Filed 6–22–17; 8:45 am] When use by health centers applying to submitting comments or requesting sponsor volunteers to become VHPs BILLING CODE 4165–15–P information, please include the with associated FTCA coverage for their information request collection title for activities within the scope of deemed DEPARTMENT OF HEALTH AND reference, in compliance with Section employment on behalf of the health HUMAN SERVICES 3506(c)(2)(A) of the Paperwork center. Reduction Act of 1995. Likely Respondents: Respondents Health Resources and Services Information Collection Request Title: include Health Center Program fund Administration Federal Tort Claims Act (FTCA) Program Deeming Applications for recipients seeking deemed PHS Agency Information Collection Health Center Volunteer Health employee status on behalf of their Activities: Proposed Collection: Public Professionals, OMB No. 0906–XXXX— sponsored individuals for purposes of Comment Request; Information New FTCA coverage. Collection Request Title: Federal Tort Abstract: Section 224(q) of the Public Burden Statement: Burden in this Claims Act (FTCA) Program Deeming Health Service (PHS) Act (42 U.S.C. context means the time expended by Applications for Health Center 233(q)), as amended, authorizes the persons to generate, maintain, retain, Volunteer Health Professionals ‘‘deeming’’ of certain individuals as disclose, or provide the information PHS employees for the purposes of requested. This includes the time AGENCY: Health Resources and Services receiving Federal Tort Claims Act needed to review instructions; to (FTCA) coverage. Section 224(q) relates Administration (HRSA), Department of develop, acquire, install, and utilize to volunteer health professionals (VHPs) Health and Human Services. technology and systems for the purpose of Health Center Program grantees that ACTION: Notice. have been deemed as PHS employees. of collecting, validating and verifying The Health Center FTCA Program is information, processing and SUMMARY: In compliance with the administered by HRSA’s Bureau of maintaining information, and disclosing requirement for opportunity for public Primary Health Care (BPHC). and providing information; to train comment on proposed data collection Sponsoring health centers are required personnel and to be able to respond to projects, HRSA announces plans to by law to submit deeming applications a collection of information; to search submit an Information Collection in the specified form and manner on data sources; to complete and review Request (ICR), described below, to the behalf of named individuals for review the collection of information; and to Office of Management and Budget and approval, resulting in a ‘‘deeming transmit or otherwise disclose the (OMB). Prior to submitting the ICR to determination’’ that includes associated information. The total annual burden OMB, HRSA seeks comments from the FTCA coverage for these individuals. hours estimated for this Information public regarding the burden estimate, Need and Proposed Use of the Collection Request are summarized in below, or any other aspect of the ICR. Information: Deeming applications must the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

FTCA Health Center Volunteer Health Professional Pro- gram Application...... 1375 3 4125 2 8250

Total ...... 1375 ...... 4125 ...... 8250

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HRSA specifically requests comments Topics to be discussed during this Name of Committee: National Institute of on (1) the necessity and utility of the meeting will include strategies to Environmental Health Sciences Special proposed information collection for the improve the health of racial and ethnic Emphasis Panel; SEP for K99 Applications. proper performance of the agency’s minority populations through the Date: July 11, 2017. Time: 8:00 a.m. to 6:00 p.m. functions, (2) the accuracy of the development of health policies and Agenda: To review and evaluate grant estimated burden, (3) ways to enhance programs that will help eliminate health applications. the quality, utility, and clarity of the disparities, as well as other related Place: NIEHS/National Institutes of Health, information to be collected, and (4) the issues. Keystone Building, 530 Davis Drive, Room use of automated collection techniques Public attendance at this meeting is 3118, Research Triangle Park, NC 27709, or other forms of information limited to space available. Individuals (Virtual Meeting). technology to minimize the information who plan to attend and need special Contact Person: Laura A Thomas, Ph.D., collection burden. assistance, such as sign language Scientific Review Officer, Scientific Review interpretation or other reasonable Branch, Division of Extramural Research and Training, National Institute of Environmental Jason E. Bennett, accommodations, should notify the Director, Division of the Executive Secretariat. Health Sciences, Research Triangle Park, NC designated contact person at least 27709, 919–541–2824, laura.thomas@ [FR Doc. 2017–13172 Filed 6–22–17; 8:45 am] fourteen (14) business days prior to the nih.gov. BILLING CODE 4165–15–P meeting. Members of the public will Name of Committee: National Institute of have an opportunity to provide Environmental Health Sciences Special comments at the meeting. Public Emphasis Panel; Peer Review of Prime DEPARTMENT OF HEALTH AND comments will be limited to three Applications 2017. HUMAN SERVICES minutes per speaker. Individuals who Date: July 13, 2017. would like to submit written statements Time: 8:00 a.m. to 4:00 p.m. Meeting of the Advisory Committee on should mail or fax their comments to Agenda: To review and evaluate grant Minority Health applications. the Office of Minority Health at least Place: Sheraton Imperial Hotel and AGENCY: Office of Minority Health, seven (7) business days prior to the Convention Center, 4800 Emperor Blvd., Office of the Secretary, Department of meeting. Any members of the public Durham, NC 27709. Health and Human Services. who wish to have printed material Contact Person: Leroy Worth, Ph.D., ACTION: Notice of meeting. distributed to ACMH committee Scientific Review Officer, Scientific Review members should submit their materials Branch, Division of Extramural Research and SUMMARY: As stipulated by the Federal to the Designated Federal Officer, Training, Nat. Institute of Environmental Advisory Committee Act, the ACMH, Tower Building, 1101 Wootton Health Sciences, P. O. Box 12233, MD EC– Parkway, Suite 600, Rockville, 30/Room 3171, Research Triangle Park, NC Department of Health and Human 27709, (919) 541–0670, [email protected]. Services (DHHS) is hereby giving notice Maryland 20852, prior to close of business on Monday, August 21, 2017. Name of Committee: National Institute of that the Advisory Committee on Environmental Health Sciences Special Minority Health (ACMH) will hold a Dated: June 19, 2017. Emphasis Panel; SEP for K01, K02, K08, K23 meeting. This meeting will be open to Minh Wendt, Applications. the public. Preregistration is required Designated Federal Officer, ACMH, Office of Date: July 13, 2017. for both public attendance and Minority Health, U.S. Department of Health Time: 11:30 a.m. to 1:30 p.m. comment. Any individual who wishes and Human Services. Agenda: To review and evaluate grant to attend the meetings and/or applications. [FR Doc. 2017–13072 Filed 6–22–17; 8:45 am] Place: NIEHS/National Institutes of Health, participate in the public comment BILLING CODE 4150–29–P session should email OMH–ACMH@ Keystone Building, 530 Davis Drive, Room 3118, Research Triangle Park, NC 27709, hhs.gov. (Virtual Meeting). DATES: The meeting will be held on DEPARTMENT OF HEALTH AND Contact Person: Laura A Thomas, Ph.D., Monday, August 28, 2017, from 9:00 HUMAN SERVICES Scientific Review Officer, Scientific Review a.m. to 5:00 p.m. and Tuesday, August Branch, Division of Extramural Research and National Institutes of Health 29, 2017, from 9:00 a.m. to 1:00 p.m. Training, National Institute of Environmental Health Sciences, Research Triangle Park, NC ADDRESSES: The meeting will be held at National Institute of Environmental 27709, 919–541–2824, laura.thomas@ the 5600 Fishers Lane Building, Room Health Sciences; Notice of Closed nih.gov. 05N76, 5600 Fishers Lane, Rockville, Meetings (Catalogue of Federal Domestic Assistance Maryland 20857. Program Nos. 93.115, Biometry and Risk Pursuant to section 10(d) of the FOR FURTHER INFORMATION CONTACT: Dr. Estimation—Health Risks from Federal Advisory Committee Act, as Minh Wendt, Designated Federal Environmental Exposures; 93.142, NIEHS amended (5 U.S.C. App.), notice is Officer, ACMH; Tower Building, 1101 Hazardous Waste Worker Health and Safety hereby given of the following meetings. Training; 93.143, NIEHS Superfund Wootton Parkway, Suite 600, Rockville, The meetings will be closed to the Hazardous Substances—Basic Research and Maryland 20852. Phone: 240–453–8222, public in accordance with the Education; 93.894, Resources and Manpower Fax: 240–453–8223; OMH–ACMH@ provisions set forth in sections Development in the Environmental Health hhs.gov 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Sciences; 93.113, Biological Response to Environmental Health Hazards; 93.114, SUPPLEMENTARY INFORMATION: In as amended. The grant applications and Applied Toxicological Research and Testing, accordance with 42 U.S.C.§ 300u-6(c), the discussions could disclose National Institutes of Health, HHS) the ACMH was established to provide confidential trade secrets or commercial advice to the Deputy Assistant Secretary property such as patentable material, Dated: June 19, 2017. for Minority Health in improving the and personal information concerning Natasha M. Copeland, health of each racial and ethnic individuals associated with the grant Program Analyst, Office of Federal Advisory minority group and on the development applications, the disclosure of which Committee Policy. of goals and specific program activities would constitute a clearly unwarranted [FR Doc. 2017–13079 Filed 6–22–17; 8:45 am] of the Office of Minority Health. invasion of personal privacy. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES

National Institutes of Health National Institutes of Health National Institutes of Health

National Institute of Mental Health; National Cancer Institute; Notice of National Institute on Alcohol Abuse Notice of Closed Meetings Closed Meeting and Alcoholism; Notice of Closed Meetings Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is amended (5 U.S.C. App.), notice is hereby given of the following meetings. amended (5 U.S.C. App.), notice is hereby given of the following meeting. hereby given of the following meetings. The meetings will be closed to the The meeting will be closed to the The meetings will be closed to the public in accordance with the public in accordance with the public in accordance with the provisions set forth in sections provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and as amended. The grant applications and the discussions could disclose the discussions could disclose confidential trade secrets or commercial the discussions could disclose confidential trade secrets or commercial confidential trade secrets or commercial property such as patentable material, property such as patentable material, property such as patentable material, and personal information concerning and personal information concerning and personal information concerning individuals associated with the grant individuals associated with the grant individuals associated with the grant applications, the disclosure of which applications, the disclosure of which would constitute a clearly unwarranted applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. would constitute a clearly unwarranted invasion of personal privacy. invasion of personal privacy. Name of Committee: National Institute of Name of Committee: National Institute on Mental Health Special Emphasis Panel; Name of Committee: National Cancer Alcohol Abuse and Alcoholism Special Member Conflicts: Mental Health Services Institute Special Emphasis Panel; PAR15–287 Emphasis Panel; NIAAA AA2 & AA3 Research. Opportunistic Research Collaborations with Member Conflict Reviews. Date: July 10, 2017. the NIH Clinical Center. Date: July 14, 2017. Time: 12:30 p.m. to 2:00 p.m. Date: July 14, 2017. Time: 1:00 p.m. to 3:00 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. Time: 11:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: National Institutes of Health Place: National Institutes of Health, applications. Neuroscience Center, 6001 Executive National Institute on Alcohol Abuse and Boulevard, Rockville, MD 20852. Place: National Cancer Institute Shady Alcoholism, 5635 Fishers Lane, Bethesda, Contact Person: Karen Gavin-Evans, Ph.D., Grove, 9609 Medical Center Drive, Room MD 20892 (Telephone Conference Call). Scientific Review Officer, Division of 7W264, Bethesda, MD 20892–9750 Contact Person: Ranga Srinivas, Ph.D., Extramural Activities, National Institute of (Telephone Conference Call). Chief, Extramural Project Review Branch, Mental Health, NIH, Neuroscience Center, Contact Person: Reed A. Graves, Ph.D., National Institute on Alcohol Abuse and 6001 Executive Boulevard, Room 6153, MSC Scientific Review Officer, Research Alcoholism, National Institutes of Health, 9606, Bethesda, MD 20892, 301–451–2356, Technology and Contract Review Branch, 5365 Fishers Lane, Room 2085, Rockville, [email protected]. Division of Extramural Activities, National MD 20852 (301) 451–2067, srinivar@ Name of Committee: National Institute of Cancer Institute, NIH, 9609 Medical Center mail.nih.gov. Mental Health Special Emphasis Panel; Drive, Room 7W264, Bethesda, MD 20892– Name of Committee: National Institute on National Cooperative Drug Discovery/ 9750, 240–276–6384, [email protected]. Alcohol Abuse and Alcoholism Special Development Groups (NCDDG). Emphasis Panel; Review of R01 applications (Catalogue of Federal Domestic Assistance Date: July 19, 2017. for RFA–AA–17–016 Alcohol-PTSD Time: 12:00 p.m. to 2:00 p.m. Program Nos. 93.392, Cancer Construction; Comorbidity: Preclinical Studies of Models Agenda: To review and evaluate grant 93.393, Cancer Cause and Prevention and Mechanisms. applications and/or proposals. Research; 93.394, Cancer Detection and Date: July 18, 2017. Place: National Institutes of Health, Diagnosis Research; 93.395, Cancer Time: 8:30 a.m. to 5:00 p.m. Neuroscience Center, 6001 Executive Treatment Research; 93.396, Cancer Biology Agenda: To review and evaluate grant Boulevard, Rockville, MD 20852 (Telephone Research; 93.397, Cancer Centers Support; applications. Conference Call). 93.398, Cancer Research Manpower; 93.399, Place: National Institutes of Health, Contact Person: Vinod Charles, Ph.D., National Institute on Alcohol Abuse and Scientific Review Officer, Division of Cancer Control, National Institutes of Health, HHS) Alcoholism, 5635 Fishers Lane, Bethesda, Extramural Activities, National Institute of MD 20892 (Telephone Conference Call). Mental Health, NIH, Neuroscience Center, Dated: June 19, 2017. Contact Person: Beata Buzas, Ph.D., 6001 Executive Blvd., Room 6151, MSC 9606, Melanie J. Pantoja, Scientific Review Officer, National Institute Bethesda, MD 20892–9606, 301–443–1606, on Alcohol Abuse and Alcoholism, National Program Analyst, Office of Federal Advisory [email protected]. Institutes of Health, 5635 Fishers Lane, Room Committee Policy. (Catalogue of Federal Domestic Assistance 2081, Rockville, MD 20852, 301–443–0800, Program No. 93.242, Mental Health Research [FR Doc. 2017–13075 Filed 6–22–17; 8:45 am] [email protected]. Grants; 93.281) BILLING CODE 4140–01–P Name of Committee: National Institute on Dated: June 19, 2017. Alcohol Abuse and Alcoholism Special Melanie J. Pantoja, Emphasis Panel; NIAAA Member Conflict Panel—Behavioral and Clinical Studies. Program Analyst, Office of Federal Advisory Date: July 25, 2017. Committee Policy. Time: 11:00 a.m. to 12:30 p.m. [FR Doc. 2017–13080 Filed 6–22–17; 8:45 am] Agenda: To review and evaluate grant BILLING CODE 4140–01–P applications.

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Place: National Institutes of Health, requested for both public attendance recommendation for the substance and National Institute on Alcohol Abuse and and oral comment and required to a summary of the scientific evidence Alcoholism, 5635 Fishers Lane, Bethesda, access the webcast. Information about considered key to reaching that MD 20892 (Telephone Conference Call). recommendation. Contact Person: Ranga Srinivas, Ph.D., the meeting and registration is available Chief, Extramural Project Review Branch, at https://ntp.niehs.nih.gov/go/38853. Haloacetic acids found as drinking National Institute on Alcohol Abuse and DATES: water by-products were selected for Alcoholism, National Institutes of Health, Meeting: July 24, 2017, 8:30 a.m. to review following solicitation of public 5365 Fishers Lane, Room 2085, Rockville, adjournment at approximately 4:00 p.m. comment, review by the NTP Board of MD 20852, (301) 451–2067, srinivar@ Eastern Daylight Time (EDT). Scientific Counselors on April 11, 2016, mail.nih.gov. Document Availability: Draft and approval by the NTP Director Name of Committee: National Institute on monograph should be available by June (https://ntp.niehs.nih.gov/go/9741). Alcohol Abuse and Alcoholism Special 7, 2017, at https://ntp.niehs.nih.gov/go/ Water disinfection is among the most Emphasis Panel; NIAAA Member Conflict 38853. important and beneficial public health Panel—Prevention and Treatment Research. Written Public Comment advances of the 20th century and has Date: July 27, 2017. substantially reduced United States Time: 11:00 a.m. to 1:00 p.m. Submissions: Deadline is July 14, 2017. Agenda: To review and evaluate grant Registration for Oral Comments: incidence of cholera, typhoid, and applications. Deadline is July 14, 2017. amoebic dysentery caused by Place: National Institutes of Health, Registration for Meeting and/or to waterborne pathogens. A consequence National Institute on Alcohol Abuse and View Webcast: Deadline is July 24, 2017. of the water disinfection process is Alcoholism, 5635 Fishers Lane, Bethesda, Registration to view the meeting via the formation of a large number of MD 20892 (Telephone Conference Call). webcast is required. unintended compounds from chemicals Contact Person: Ranga Srinivas, Ph.D., ADDRESSES: and organic material in the water; these Chief, Extramural Project Review Branch, unintended chemicals are of potential National Institute on Alcohol Abuse and Meeting Location: Rodbell Alcoholism, National Institutes of Health, Auditorium, Rall Building, NIEHS, 111 public health concern. Haloacetic acids 5365 Fishers Lane, Room 2085, Rockville, T.W. Alexander Drive, Research are the second largest group by weight MD 20852, (301) 451–2067, srinivar@ Triangle Park, NC 27709. (36%) of total halogenated disinfection mail.nih.gov. Meeting Web page: The draft by-products found in public water (Catalogue of Federal Domestic Assistance monograph, preliminary agenda, supplies. The draft RoC monograph Program Nos. 93.271, Alcohol Research registration, and other meeting materials includes a cancer hazard assessment of Career Development Awards for Scientists will be available at https:// 13 haloacetic acids containing chlorine, and Clinicians; 93.272, Alcohol National ntp.niehs.nih.gov/go/38853. bromine, or iodine, or a combination of Research Service Awards for Research Webcast: The URL for viewing these halogens that have been identified Training; 93.273, Alcohol Research Programs; webcast will be provided to those who in disinfected water. 93.891, Alcohol Research Center Grants; Meeting and Registration: The 93.701, ARRA Related Biomedical Research register. and Research Support Awards, National FOR FURTHER INFORMATION CONTACT: meeting is open to the public with time Institutes of Health, HHS) Canden Byrd, ICF, 2635 Meridian set aside for oral public comment; attendance at the NIEHS is limited only Dated: June 19, 2017. Parkway, Suite 200, Durham, NC, USA 27713. Phone: (919) 293–1660, Fax: by the space available. Registration to Melanie J. Pantoja, attend the meeting in-person and/or (919) 293–1645, Email: canden.byrd@ Program Analyst, Office of Federal Advisory view the webcast is by July 24, 2017, at icf.com. Committee Policy. https://ntp.niehs.nih.gov/go/38853. [FR Doc. 2017–13076 Filed 6–22–17; 8:45 am] SUPPLEMENTARY INFORMATION: Registration is required to view the BILLING CODE 4140–01–P Background: The RoC is a webcast; the URL for the webcast will be congressionally mandated, science- provided in the email confirming based, public health report that registration. Visitor and security DEPARTMENT OF HEALTH AND identifies agents, substances, mixtures, information for those attending in- HUMAN SERVICES or exposures (collectively called person is available at https:// ‘‘substances’’) in our environment that www.niehs.nih.gov/about/visiting/ National Institutes of Health pose a cancer hazard for people in the index.cfm. Individuals with disabilities Draft Report on Carcinogens United States. NTP prepares the RoC on who need accommodation to participate Monograph on Haloacetic Acids Found behalf of the Secretary of Health and in this event should contact Canden as Water Disinfection By-Products; Human Services. NTP follows an Byrd by phone: (919) 293–1660 or Availability of Document; Request for established, four-part process for email: [email protected]. TTY users Comments; Notice of Peer-Review preparation of the RoC (https:// should contact the Federal TTY Relay Meeting ntp.niehs.nih.gov/pubhealth/roc/ Service at (800) 877–8339. Requests process/index.html). For each substance should be made at least five business SUMMARY: The National Toxicology selected for review, a draft RoC days in advance of the event. Program (NTP) announces a meeting to monograph is prepared that presents (1) The draft monograph and preliminary peer review the Draft Report on information on human exposure to the agenda will be available on the NTP Carcinogens (RoC) Monograph on substance; (2) an assessment of the Web site at https://ntp.niehs.nih.gov/go/ Haloacetic Acids Found as Water evidence from cancer studies in humans 38853. The draft monograph should be Disinfection By-Products. The and experimental animals, mechanisms available by June 7, 2017. Additional monograph was prepared by the Office of carcinogenicity, and other data information will be posted when of the Report on Carcinogens (ORoC), relevant for evaluating the substance’s available or may be requested in Division of the National Toxicology potential carcinogenicity; and (3) NTP’s hardcopy, see FOR FURTHER INFORMATION Program (DNTP), National Institute of preliminary preliminary RoC listing CONTACT. Following the meeting, a Environmental Health Sciences recommendation. The draft monograph report of the peer review will be (NIEHS). The peer review meeting is also contains a draft profile that prepared and made available on the open to the public. Registration is provides the NTP’s preliminary listing NTP Web site. Individuals are

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encouraged to access the meeting Web Background Information on the RoC: provisions set forth in sections page to stay abreast of the most current Published biennially, each edition of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., information regarding the meeting. RoC is cumulative and consists of as amended. The grant applications and Request for Comments: NTP invites substances newly reviewed in addition the discussions could disclose written and oral public comments on to those listed in previous editions. For confidential trade secrets or commercial the draft monograph. The deadline for each listed substance, the RoC contains property such as patentable material, submission of written comments is July a substance profile, which provides and personal information concerning 14, 2017, to enable review by the peer information on cancer studies that individuals associated with the grant review panel and NTP staff prior to the support the listing—including those in applications, the disclosure of which meeting. Registration to provide oral humans, animals, and studies on would constitute a clearly unwarranted comments is by July 14, 2017, at https:// possible mechanisms of action— invasion of personal privacy. ntp.niehs.nih.gov/go/38853. Public information about potential sources of Name of Committee: National Institute on comments and any other exposure to humans, and current federal Drug Abuse Special Emphasis Panel; correspondence on the draft monograph regulations to limit exposures. The 14th Summer Research Education Experience should be sent to the FOR FURTHER RoC, the latest edition, was published Programs (R25). INFORMATION CONTACT. Persons on November 3, 2016 (available at Date: June 30, 2017. submitting written comments should https://ntp.niehs.nih.gov/go/roc14). Time: 11:00 a.m. to 1:00 p.m. include their name, affiliation, mailing Background Information on NTP Peer Agenda: To review and evaluate grant address, phone, email, and sponsoring Review Panels: NTP panels are applications. organization (if any). Written comments technical, scientific advisory bodies Place: National Institutes of Health, received in response to this notice will Neuroscience Center, 6001 Executive established on an ‘‘as needed’’ basis to Boulevard, Rockville, MD 20852 (Telephone be posted on the NTP Web site, and the provide independent scientific peer Conference Call). submitter will be identified by name, review and advise the NTP on agents of Contact Person: Julia Berzhanskaya, Ph.D., affiliation, and/or sponsoring public health concern, new/revised Scientific Review Officer, Office of organization (if any). Guidelines for toxicological test methods, or other Extramural Policy and Review, Division of public comments are at https:// issues. These panels help ensure Extramural Research, National Institute on ntp.niehs.nih.gov/ntp/about_ntp/ transparent, unbiased, and scientifically Drug Abuse, NIH, DHHS, 6001 Executive guidelines_public_comments_508.pdf. rigorous input to the program for its use Boulevard, Room 4234, MSC 9550, Bethesda, MD 20892, 301–827–5840, Public comment at this meeting is in making credible decisions about welcome, with time set aside for the [email protected]. human hazard, setting research and This notice is being published less than 15 presentation of oral comments on the testing priorities, and providing draft monograph. In addition to in- days prior to the meeting due to the timing information to regulatory agencies about limitations imposed by the review and person oral comments at the NIEHS, alternative methods for toxicity funding cycle. public comments can be presented by screening. NTP welcomes nominations Name of Committee: National Institute on teleconference line. There will be 50 of scientific experts for upcoming Drug Abuse Special Emphasis Panel; lines for this call; availability is on a panels. Scientists interested in serving Exploratory Studies of Smoking Cessation first-come, first-served basis. The lines on an NTP panel should provide current Interventions for People with Schizophrenia will be open from 8:30 a.m. until curriculum vitae to the FOR FURTHER (R21/R33; R33). adjournment at approximately 4:00 p.m. INFORMATION CONTACT (see above). The Date: July 12, 2017. Time: 2:30 p.m. to 5:30 p.m. EDT on July 24, 2017, although oral authority for NTP panels is provided by comments will be received only during Agenda: To review and evaluate grant 42 U.S.C. 217a; section 222 of the Public applications. the formal public comment periods Health Service (PHS) Act, as amended. indicated on the preliminary agenda. Place: National Institutes of Health, The panel is governed by the Federal Neuroscience Center, 6001 Executive The access number for the Advisory Committee Act, as amended (5 Boulevard, Rockville, MD 20852 (Telephone teleconference line will be provided to U.S.C. Appendix 2), which sets forth Conference Call). registrants by email prior to the meeting. standards for the formation and use of Contact Person: Julia Berzhanskaya, Ph.D., Each organization is allowed one time advisory committees. Scientific Review Officer, Office of slot. At least 7 minutes will be allotted Extramural Policy and Review, Division of to each time slot, and if time permits, Dated: June 6, 2017. Extramural Research, National Institute on the allotment may be extended to 10 John R. Bucher, Drug Abuse, NIH, DHHS, 6001 Executive minutes at the discretion of the chair. Associate Director, National Toxicology Boulevard, Room 4234, MSC 9550, Bethesda, Persons wishing to make an oral Program. MD 20892, 301–827–5840, [email protected]. presentation are asked to register online [FR Doc. 2017–13159 Filed 6–22–17; 8:45 am] Name of Committee: National Institute on at https://ntp.niehs.nih.gov/go/38853 by BILLING CODE 4140–01–P July 14, 2017, and indicate whether they Drug Abuse Special Emphasis Panel; Evaluating the NIDA Standardized Research will present comments in-person or via E-Cigarette in Risk Reduction and Related the teleconference line. If possible, oral DEPARTMENT OF HEALTH AND Studies (U01). public commenters should send a copy HUMAN SERVICES Date: July 21, 2017. of their slides and/or statement or Time: 8:30 a.m. to 5:00 p.m. talking points at that time. Written National Institutes of Health Agenda: To review and evaluate statements can supplement and may cooperative agreement applications. National Institute on Drug Abuse; expand the oral presentation. Place: Courtyard by Marriott Chevy Chase, Notice of Closed Meetings Registration for in-person oral 5520 Wisconsin Avenue, Chevy Chase, MD comments will also be available at the 20815. Pursuant to section 10(d) of the Contact Person: Julia Berzhanskaya, Ph.D., meeting, although time allowed for Federal Advisory Committee Act, as Scientific Review Officer, Office of presentation by on-site registrants may amended (5 U.S.C. App), notice is Extramural Policy and Review, Division of be less than that for registered speakers hereby given of the following meetings. Extramural Research, National Institute on and will be determined by the number The meetings will be closed to the Drug Abuse, NIH, DHHS, 6001 Executive of speakers who register on-site. public in accordance with the Boulevard, Room 4234, MSC 9550, Bethesda,

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MD 20892, 301–827–5840, Contact Person: Zhuqing (Charlie) Li, FOR FURTHER INFORMATION CONTACT: [email protected]. Ph.D., Scientific Review Officer, Scientific Virginia Sardone, Director, Office of Name of Committee: National Institute on Review Program, Division of Extramural Affordable Housing Programs, Room Drug Abuse Special Emphasis Panel; Activities, Room #3G41B, National Institutes of Health/NIAID, 5601 Fishers Lane, 7164, Department of Housing and Urban Expanding Medication Assisted Treatment Development, 451 Seventh Street SW., for Opioid Use Disorders in the Context of MSC9823, Bethesda, MD 20892–9823, (240) the SAMHSA Opioid STR Grants (R21/R33). 669–5068, [email protected]. Washington, DC 20410–7000; telephone Date: July 25, 2017. Name of Committee: National Institute of (202) 708–2684. (This is not a toll-free Time: 12:00 p.m. to 3:00 p.m. Allergy and Infectious Diseases Special number.) A telecommunications device Agenda: To review and evaluate grant Emphasis Panel; LIMITED COMPETITION: for hearing- and speech-impaired applications. CTOT–C MECHANISTIC ANCILLARY persons (TTY) is available at 800–877– Place: National Institutes of Health, STUDIES (U01). 8339 (Federal Relay Service). Neuroscience Center, 6001 Executive Date: July 18, 2017. Boulevard, Rockville, MD 20852 (Telephone Time: 9:30 a.m. to 5:00 p.m. SUPPLEMENTARY INFORMATION: Section Conference Call). Agenda: To review and evaluate grant 1131 of HERA Division A amended the Contact Person: Hiromi Ono, Ph.D., applications. Act to add a new section 1337 entitled Scientific Review Officer, Office of Place: National Institutes of Health, 5601 Extramural Policy and Review, National Fishers Lane, Rockville, MD 20892 ‘‘Affordable Housing Allocations’’ and a Institute on Drug Abuse, National Institutes (Telephone Conference Call). new section 1338 entitled ‘‘Housing of Health, DHHS, 6001 Executive Boulevard, Contact Person: Zhuqing (Charlie) Li, Trust Fund.’’ HUD’s implementing Room 4238, MSC 9550, Bethesda, MD 20892, Ph.D., Scientific Review Officer, Scientific regulations are codified at 24 CFR part 301–827–5820, [email protected]. Review Program, Division of Extramural 93. Congress authorized the HTF with (Catalogue of Federal Domestic Assistance Activities, Room #3G41B, National Institutes the stated purpose of: (1) Increasing and Program Nos.: 93.279, Drug Abuse and of Health/NIAID, 5601 Fishers Lane, MSC9823, Bethesda, MD 20892–9823, (240) preserving the supply of rental housing Addiction Research Programs, National for extremely low-income families with Institutes of Health, HHS) 669–5068, [email protected]. (Catalogue of Federal Domestic Assistance incomes between 0 and 30 percent of Dated: June 19, 2017. Program Nos. 93.855, Allergy, Immunology, area median income and very low- Natasha M. Copeland, and Transplantation Research; 93.856, income families with incomes between Program Analyst, Office of Federal Advisory Microbiology and Infectious Diseases 30 and 50 percent of area median Committee Policy. Research, National Institutes of Health, HHS) income, including homeless families, [FR Doc. 2017–13078 Filed 6–22–17; 8:45 am] Dated: June 19, 2017. and (2) increasing homeownership for BILLING CODE 4140–01–P Natasha M. Copeland, extremely low-income and very low- Program Analyst, Office of Federal Advisory income families. Section 1337 of the Act Committee Policy. provides for the HTF (and other DEPARTMENT OF HEALTH AND programs) to be funded with an HUMAN SERVICES [FR Doc. 2017–13077 Filed 6–22–17; 8:45 am] BILLING CODE 4140–01–P affordable housing set-aside by Fannie National Institutes of Health Mae and Freddie Mac. The total set- aside amount is equal to 4.2 basis points National Institute of Allergy and DEPARTMENT OF HOUSING AND (.042 percent) of Fannie Mae and Infectious Diseases; Notice of Closed URBAN DEVELOPMENT Freddie Mac’s new mortgage purchases, Meetings a portion of which is for the HTF. [Docket No. FR–6036–N–01] Section 1338 of the Act directs HUD to Pursuant to section 10(d) of the establish, through regulation, the Federal Advisory Committee Act, as Housing Trust Fund Federal Register; formula for distribution of amounts Allocation Notice amended (5 U.S.C. App.), notice is made available for the HTF. The statute hereby given of the following meetings. AGENCY: Office of the Assistant specifies the factors to be used for the The meetings will be closed to the Secretary for Community Planning and formula and priority for certain factors. public in accordance with the Development, HUD. The factors and methodology HUD uses provisions set forth in sections ACTION: to allocate HTF funds among eligible 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Notice of Fiscal Year 2017 Funding Awards. grantees are established in the HTF as amended. The grant applications and regulation. The funding announced for the discussions could disclose SUMMARY: The Housing and Economic Fiscal Year 2017 through this notice is confidential trade secrets or commercial Recovery Act of 2008 (HERA) $219,168,373.94. This amount includes property such as patentable material, established the Housing Trust Fund $12,702,747 of unobligated Fiscal Year and personal information concerning (HTF) to be administered by HUD. individuals associated with the grant 2016 HTF funds that will be reallocated Pursuant to the Federal Housing by formula, which are comprised of applications, the disclosure of which Enterprises Financial Security and would constitute a clearly unwarranted $37,298 from American Samoa, Guam, Soundness Act of 1992 (the Act), as and the Commonwealth of Northern invasion of personal privacy. amended by HERA, Division A, eligible Mariana Islands, three Insular Areas that Name of Committee: National Institute of HTF grantees are the 50 states, the declined their Fiscal Year 2016 Allergy and Infectious Diseases Special District of Columbia, the allocations and $12,665,449 of Emphasis Panel; NIAID CLINICAL TRIAL Commonwealth of Puerto Rico, PLANNING GRANT (R34). American Samoa, Guam, the Sequestered Fiscal Year 2016 funds. Date: July 17, 2017. Commonwealth of Northern Mariana HUD may add any amounts that may Time: 2:00 p.m. to 5:00 p.m. become available to these FY 2017 HTF Agenda: To review and evaluate grant Islands, and the United States Virgin Islands. In accordance with Section allocation amounts. Appendix A to this applications. notice provides the names of the Place: National Institutes of Health, 5601 1338(c)(4)(A) of the Act, this notice Fishers Lane, Rockville, MD 20892 announces the formula allocation grantees and the amounts of the awards. (Telephone Conference Call). amount for each eligible HTF grantee.

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Dated: June 20, 2017. [FR Doc. 2017–13180 Filed 6–22–17; 8:45 am] a collection of information unless it Clifford Taffet, BILLING CODE 4210–67–P displays a valid OMB control number. General Deputy Assistant Secretary for Until OMB approves a collection of Community Planning and Development. information, you are not obligated to respond. Appendix A: FY 2017 Housing Trust DEPARTMENT OF THE INTERIOR The BLM will request a 3-year term of Fund Allocation Amounts Bureau of Land Management approval for this information collection activity. Comments are invited on: (1) Grantee FY 2017 Allocation [LLWO320000 L13300000.PO0000] The need for the collection of Alabama ...... $3,000,000 Agency Information Collection information for the performance of the Alaska ...... 3,000,000 Activities; OMB Control Number 1004– functions of the agency; (2) the accuracy Arizona ...... 3,317,255 0103; Mineral Materials Disposal of the agency’s burden estimates; (3) Arkansas ...... 3,000,000 ways to enhance the quality, utility and California ...... 23,228,114.94 AGENCY: Bureau of Land Management, clarity of the information collection; and Colorado ...... 3,154,331 Interior. (4) ways to minimize the information Connecticut ...... 3,000,000 ACTION: Notice; request for comments. collection burden on respondents, such Delaware ...... 3,000,000 as use of automated means of collection District of Colum- SUMMARY: In compliance with the of the information. A summary of the bia ...... 3,000,000 Paperwork Reduction Act, the Bureau of public comments will accompany our Florida ...... 7,658,948 Land Management (BLM) provides 60- Georgia ...... 4,427,950 submission of the information collection day notice, invites public comments on, requests to OMB. Hawaii ...... 3,000,000 and plans to request approval to Idaho ...... 3,000,000 Before including your address, Illinois ...... 7,163,487 continue, the collection of information telephone number, email address, or Indiana ...... 3,367,317 from applicants for authorization to other personal identifying information Iowa ...... 3,000,000 purchase mineral materials from public in your comments, be advised that your Kansas ...... 3,000,000 lands. The Office of Management and entire comment—including your Kentucky ...... 3,000,000 Budget (OMB) has assigned control personal identifying information—may Louisiana ...... 3,000,000 number 1004–0103 to this information be made publicly available at any time. Maine ...... 3,000,000 collection. While you can ask in your comment to Maryland ...... 3,071,109 DATES: Please submit comments on the withhold from public review your Massachusetts ...... 4,604,660 Michigan ...... 4,851,072 proposed information collection by personal identifying information, we Minnesota ...... 3,118,428 August 22, 2017. cannot guarantee that we will be able to Mississippi ...... 3,000,000 ADDRESSES: Comments may be do so. Missouri ...... 3,357,775 submitted by mail, fax, or electronic The following information is provided Montana ...... 3,000,000 mail. Mail: U.S. Department of the for the information collection: Nebraska ...... 3,000,000 Interior, Bureau of Land Management, Title: Sale of Mineral Materials (43 Nevada ...... 3,000,000 1849 C Street NW., Room 2134LM, CFR part 3600). New Hampshire .... 3,000,000 Attention: Jean Sonneman, Washington, OMB Control Number: 1004–0103. New Jersey ...... 5,599,220 DC 20240. Fax: Jean Sonneman at 202– New Mexico ...... 3,000,000 _ Summary: The Mineral Materials Act, 245–0050. Electronic mail: Jean 30 U.S.C. 601 and 602, authorizes New York ...... 14,790,240 [email protected]. Please indicate North Carolina ...... 4,433,361 disposals of mineral materials (such as ‘‘Attn: 1004–0103’’ regardless of the North Dakota ...... 3,000,000 sand, gravel, and petrified wood) from Ohio ...... 5,511,230 form of your comments. public lands. This information Oklahoma ...... 3,000,000 FOR FURTHER INFORMATION CONTACT: collection request pertains to mineral Oregon ...... 3,143,231 George Brown, Division of Solid sales contracts in accordance with Pennsylvania ...... 5,863,425 Minerals, at 202–912–7118. Persons regulations at 43 CFR part 3600. Rhode Island ...... 3,000,000 who use a telecommunication device for Frequency of Collection: On occasion. South Carolina ...... 3,000,000- the deaf may call the Federal Relay Forms: 3600–9, Contract for the Sale South Dakota ...... 3,000,000 Service at 1–800–877–8339, to leave a of Mineral Materials. Tennessee ...... 3,160,279 message for Mr. Brown. Texas ...... 8,858,738 Estimated Number and Description of SUPPLEMENTARY INFORMATION: OMB Utah ...... 3,000,000 Respondents: An estimated 265 Vermont ...... 3,000,000 regulations at 5 CFR 1320, which businesses annually submit applications Virginia ...... 3,821,341 implement provisions of the Paperwork to purchase or use mineral materials Washington ...... 4,129,304 Reduction Act, 44 U.S.C. 3501–3521, from public lands. West Virginia ...... 3,000,000 require that interested members of the Estimated Annual Responses: 3,870. Wisconsin ...... 3,481,414 public and affected agencies be given an Wyoming ...... 3,000,000 opportunity to comment on information Estimated Annual Burden Hours: American Samoa .. 7,771 collection and recordkeeping activities 5,834. Guam ...... 62,855 (see 5 CFR 1320.8(d) and 1320.12(a)). Estimated Annual Non-Hour Costs: N. Mariana Islands 34,603 This notice identifies an information $141,592. Puerto Rico ...... 883,160 collection that the BLM will be The following table details the Virgin Islands ...... 67,755 submitting to OMB for approval. The individual components and respective Total ...... 219,168,373.94 Paperwork Reduction Act provides that hour burdens of this information an agency may not conduct or sponsor collection request:

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D. A. B. C. Total hours Type of response Number of Time per (column B × responses response column C)

Pre-Application Sampling and Testing 43 CFR 3601.30 ...... 10 30 minutes.... 5 Request for Sale Within a Community Pit or Common Use Area 43 CFR 3602.11 ...... 165 30 minutes.... 83 Request for Sale Not Within a Community Pit or Common Use Area 43 CFR 3602.11 ...... 100 30 minutes .... 50 Mining and Reclamation Plans (Simple) 43 CFR 3601.40 ...... 240 2 hours...... 480 Mining and Reclamation Plans (Complex) 43 CFR 3601.40 ...... 25 30 hours...... 750 Contract for the Sale of Mineral Materials 43 CFR subpart 3602 Form 3600–9 ...... 265 30 minutes.... 133 Performance Bond 43 CFR 3602.14 ...... 265 30 minutes.... 133 Report of Mineral Materials Mined or Removed 43 CFR 3602.29 ...... 1,400 1 hour 30 2,100 minutes. Records Maintenance 43 CFR 3602.28 ...... 1,400 1 hour 30 2,100 minutes.

Totals ...... 3,870 ...... 5,834

Authorities Delaware Water Gap National electric transmission line across The authorities for this action are the Recreation Area, 1978 River Road (Off approximately 4.3 miles of the National Mineral Materials Act (30 U.S.C. 601– US209), Bushkill, PA 18324, telephone Recreation Area. 602) and the Paperwork Reduction Act (570) 426–2418. Dated: May 3, 2017. (44 U.S.C. 3501—3521). SUPPLEMENTARY INFORMATION: Notice is Joshua R. Laird, hereby given that, pursuant to 16 U.S.C. Acting Regional Director, Northeast Region. Mark Purdy, 460o–2(b), the boundary of Delaware Bureau of Land Management, Management Water Gap National Recreation Area is [FR Doc. 2017–13154 Filed 6–22–17; 8:45 am] Analyst. adjusted to include three parcels BILLING CODE 4312–52–P [FR Doc. 2017–13153 Filed 6–22–17; 8:45 am] totaling 1,055.89 acres of land in Pike BILLING CODE 4310–84–P County, Pennsylvania: 1,054.26 acres (Tax Map Nos. 175.00–02–06, 176.00– DEPARTMENT OF JUSTICE 02–01 and 183.00–01–19) in Lehman DEPARTMENT OF THE INTERIOR and Delaware Townships; and 0.47 acre Drug Enforcement Administration (portion of Tax Map No. 113.00–01– [Docket No. 15–26] National Park Service 05.004) and 1.16 acres (right-of-way [NPS–NER–DEWA–22315; over a portion of Tax Map No. 113.00– Peter F. Kelly, D.P.M.; Decision and PS.SDEWA0040.00.1] 01–05.003) in Milford Township. The Order two parcels in Milford Township, Boundary Adjustment at Delaware together with 35.39 acres of fee interest On July 10, 2015, the Deputy Water Gap National Recreation Area already within the boundary (remaining Assistant Administrator, Office of portion of Tax Map No. 113.00–01– Diversion Control, Drug Enforcement AGENCY: National Park Service, Interior. 05.004, also known as Tract 12795 in Administration, issued an Order to ACTION: Notification of boundary the National Recreation Area), are part Show Cause to Peter F. Kelly, D.P.M. adjustment. of a single property that cannot be (Respondent), of Roanoke, Virginia. ALJ SUMMARY: The boundary of Delaware subdivided. This boundary adjustment Ex. 1, at 1. The Show Cause Order Water Gap National Recreation Area is is depicted on Map No. 620/137,770 proposed the revocation of adjusted to include three parcels of land dated April, 2017. Respondent’s Certificate of Registration totaling 1,055.89 acres of land, more or Specifically, 16 U.S.C. 460o–2(b) No. BK0639279, the denial of any less. Fee simple interest in two parcels states that the Secretary of the Interior application to renew or modify his and a right-of-way over the third parcel may make adjustments in the boundary registration, and the denial of any other will be donated by the Conservation of the national recreation area by application for a DEA registration, on Fund to the United States along with fee publication of the amended description the ground that he has committed acts simple interest in 35.39 acres of other thereof in the Federal Register: which render his registration land already within the boundary. Provided, that the area encompassed by ‘‘inconsistent with the public interest.’’ These properties are all located in Pike such revised boundary shall not exceed Id. (citing 21 U.S.C. 824(a)(4), 823(f)). County, Pennsylvania. the acreage included within the detailed As to the jurisdictional basis for the boundary first described in the Federal proceeding, the Show Cause Order DATES: The effective date of this Register on June 7, 1977 (42 FR 29071– alleged that Respondent is registered ‘‘as boundary adjustment is June 23, 2017. 29103). This boundary adjustment does a practitioner in [s]chedules II–V,’’ ADDRESSES: The map depicting this not exceed the acreage of the detailed under the above registration number, at boundary adjustment is available for boundary so described. The the address of 4106 Electric Road, inspection at the following locations: Conservation Fund is in contract to Roanoke, Virginia. Id. The Show Cause National Park Service, Land Resources acquire the property in Lehman and Order alleged that Respondent’s Program Center, Northeast Region, 200 Delaware Townships and owns the fee registration does not expire until Chestnut Street, Philadelphia, parcel and right-of-way in Milford December 31, 2017. Id. Pennsylvania 19106, and National Park Township (along with Tract 12795). The As to the substantive grounds for the Service, Department of the Interior, Conservation Fund will convey all of proceeding, the Show Cause Order 1849 C Street NW., Washington, DC these properties, including Tract 12795, alleged that in June 2000, Respondent 20240. to the United States without cost to help was indicted in the Circuit Court for FOR FURTHER INFORMATION CONTACT: mitigate the effects of the upgrade and Roanoke County, Virginia, on four Superintendent John J. Donahue, expansion of the Susquehanna-Roseland felony counts of unlawful possession of

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controlled substances which included finished form in each container.’’ Id. Two, Four and Five. The ALJ rejected sufentanil, oxycodone, pethidine, and (citing 21 U.S.C. 827(a) & (b); 21 CFR the allegation that Respondent is hydromorphone, as well as one 1304.11(e)(3) & (e)(1)(iii)(D)). The Order responsible for the misuse of his misdemeanor count of marijuana then alleged that these ‘‘violations are registration by Ms. Mullen, holding that possession. Id. The Order alleged that the same as, or similar to, [the] the Government was required to show Respondent entered an Alford plea to recordkeeping violations previously that Respondent had entrusted his the charges and was sentenced to found by the [S]tate as detailed in [the] registration to Mullen and had failed to probation and a fine. Id. The Order February 3, 2005 Consent Order.’’ Id. produce any evidence that Respondent further alleged that as a result of the The Show Cause Order also alleged had given his registration number to criminal case, on December 12, 2002, that Respondent left controlled Mullen or that he had given her access Respondent entered into a substances, which included to his registration whether expressly, Memorandum of Agreement with DEA, hydrocodone, alprazolam, and impliedly, or negligently. Id. at 32–34. and that on February 3, 2005, he entered diazepam, ‘‘out overnight in [his] office, The ALJ further found that there was no into a Consent Order with the Virginia rather than ‘stored in a securely locked, ‘‘credible or substantial evidence Board of Medicine for ‘‘recordkeeping substantially constructed cabinet’ as showing that . . . Respondent knew and other controlled substance required by 21 CFR 1301.75(b).’’ Id. at about Mullen’s illegal activities prior to violations,’’ which resulted in his being 2–3. The Order alleged that Respondent August 20, 2012.’’ Id. at 34. The ALJ fined and his license being ‘‘placed on engaged in this practice so that his specifically rejected the Government’s probation for twelve months.’’ Id. at 1– office manager, ‘‘who is not a DEA contention that ‘‘‘it is simply not 2. registrant, could dispense these drugs to believable that [Respondent] did not Next, the Show Cause Order alleged patients prior to [his] arrival in the know of [Mullen’s] diversion,’’ finding that ‘‘[f]rom approximately December office.’’ Id. at 3. The Order then alleged that ‘‘the evidence shows that no one, 2007 until approximately September that Respondent ‘‘aided and abetted the other than Mullen and her cohorts, was 2012, [Respondent’s] employee, Vickie unlawful distribution of controlled aware of Mullen’s activities.’’ Id. at 35. Mullen, used [his] DEA registration substances,’’ because the office manager The ALJ also rejected the number to call-in and/or fax-in 72 did not possess a DEA registration and Government’s contention that prescriptions in her own name and dispensed controlled substances ‘‘in Respondent was put on notice that his 1[,]596 prescriptions in the names of [his] absence . . . in violation of 21 registration was being misused when, in others for controlled substances totaling U.S.C. 822(a)(2) and 21 CFR 2008, he was contacted by a pharmacist 127,686 dosage units of hydrocodone 1301.11(a).’’ Id. (citing 21 U.S.C. 841(a) regarding two prescriptions that were (then a [s]chedule III controlled and 18 U.S.C. 2). called-in under his name, and that substance) and 5,370 dosage units of Following service of the Show Cause Respondent should have monitored Ambien ([z]olpidem tartrate, a Order, Respondent, through his counsel, Mullen and his PMP report. Id. at 35. [s]chedule IV controlled substance).’’ Id. requested a hearing on the allegations. The ALJ cited four reasons for rejecting at 2. The Order alleged that ‘‘[t]hese ALJ Ex. 2. The matter was placed on the the Government’s argument, including: prescriptions were not authorized by docket of the Office of Administrative (1) That a ‘‘fax did not contain any you and were not for a legitimate Law Judges and was initially assigned to information that suggested that one of medical purpose, but rather were Chief Administrative Law Judge John J. Respondent’s employees was involved’’ diverted by Ms. Mullen into illegitimate Mulrooney, II. However, on September and that the ‘‘prescription was not channels, including for her own 22, 2015, the matter was reassigned to written for one of the Respondent’s personal use and the personal use of her Administrative Law Judge (ALJ) Charles patients,’’ (2) that the Respondent was son and numerous other individuals.’’ Wm. Dorman, who conducted further never informed that Mullen was Id. The Order then alleged that pre-hearing procedures and an responsible for the prescriptions, (3) Respondent is ‘‘responsible for the evidentiary hearing on January 12–13, that even the detective who ran the misuse of [his] registration by [his] 2016, in Roanoke, Virginia. investigation did not check the PMP, employees.’’ Id. (citations omitted). The On April 11, 2016, the ALJ issued his and 4) that ‘‘the Government presented Order further alleged that Respondent Recommended Decision. With respect to no evidence that . . . Respondent had ‘‘continued to employ Ms. Mullen Factor One, the ALJ found that the breached some duty by not monitoring in [his] medical practice, even after Board’s 2005 Consent Order ‘‘is the only his PMP.’’ Id. learning of her diversion, in violation of disciplinary action in the record’’ and The ALJ further rejected the 21 CFR 1301.92.’’ Id. that the Board terminated his probation Government’s contention that The Show Cause Order further alleged one month early. R.D. 29. The ALJ Respondent violated 21 CFR 1301.92, by that ‘‘[o]n July 10, 2013, DEA executed noted, however, that while possessing a continuing to employ Mullen even after an Administrative Inspection Warrant state license is a necessary condition for he learned of her diversion. R.D. 37–38. . . . at [Respondent’s] registered holding a DEA registration, it is not According to the ALJ, the regulation location’’ and that the Agency found dispositive. As for Factor Three, the ALJ relied on by the Government ‘‘does not that Respondent was in violation of found that while in 2000, Respondent require the immediate termination of an several record-keeping requirements. Id. was convicted of possession of employee; it only requires that the More specifically, the Order alleged that marijuana and other controlled employer immediately assess the Respondent ‘‘failed to take’’ both initial substances, these were simple employee’s conduct to determine what and biennial inventories of the possession offenses which did not employment actions to take against the controlled substances at his registered involve the manufacture, distribution or employee.’’ R.D. 37. The ALJ found that location. Id. (citing 21 U.S.C. 827(a) & dispensing of controlled substances and Respondent complied with the (b); 21 CFR 1304.11(a) & (c)). The Order thus did not fall within Factor Three. Id. regulations because he told Mullen that also alleged that Respondent violated at 29–30. The ALJ thus concluded that she would be retained ‘‘only until her DEA regulations requiring that the ‘‘there is no evidence to consider replacement showed minimal inventories list ‘‘the number of concerning Factor Three.’’ Id. at 30. proficiency,’’ he ‘‘began advertising commercial containers’’ and the The ALJ then addressed the various [her] position the same week that he ‘‘number of units or volume of each allegations of misconduct under Factors discovered her diversion,’’ and

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‘‘promptly hired and began to train Next, the ALJ rejected the Respondent has not been convicted of Mullen’s replacement.’’ Id. The ALJ also Government’s contention that any controlled substance offenses since noted that ‘‘Respondent moved his fax Respondent violated 21 CFR 1301.75, 2000.’’ Id. at 47. The ALJ further machine to a room with a deadbolt on which requires that controlled rejected Respondent’s contention that the door, called local pharmacies to substances be stored ‘‘in a securely DEA was estopped from relying on the alert them to Mullen’s actions, took locked, substantially constructed convictions because it subsequently away Mullen’s keys to the office, and cabinet,’’ when he left the controlled entered into an MOA with Respondent. monitored his DEA number on the PMP substances out overnight for his office Id. The ALJ also rejected Respondent’s system.’’ Id. manager to administer to patients who contention that his possession of the The ALJ further noted that Mullen were undergoing procedures the drugs did not actually violate federal was ‘‘Respondent’s only insurance following morning. Id. at 44. The ALJ law because his home was a warehouse secretary,’’ that ‘‘her position was specifically noted that the DEA which was exempt from registration essential to the continued operation of regulation does not define the term under the Controlled Substances Act . . . Respondent’s practice,’’ and while ‘‘cabinet,’’ but that the New College (CSA), reasoning that issue could not be ‘‘Respondent’s office manager was edition of the American Heritage re-litigated in this proceeding. Id. competent to perform the duties of the Dictionary of the English Language Based on his findings of the insurance secretary, she could not do so (1976) includes as one of the word’s recordkeeping violations, the aiding and and also perform her various duties.’’ Id. definitions, ‘‘a small or private room set abetting of the office manager’s at 38. According to the ALJ, ‘‘[f]or small aside for some specific activity.’’ Id. The unlawful distribution of controlled businesses that depend on each ALJ noted that the room in which the substances, and the 2000 convictions, employee performing essential business medications were kept was locked, that the ALJ concluded that the Government functions, it is reasonable to expect that only the Respondent and his office had established ‘‘a prima facie case that terminating an employee can be a manager had a key, that the room had . . . Respondent has acted in a manner process rather than an instantaneous a steel reinforced door and steel that is inconsistent with the public action.’’ Id. The ALJ thus concluded that doorframe with a deadbolt, that interest and that marginally supports Respondent acted ‘‘[c]onsistent with the Respondent’s office was protected by a the sanction [revocation] that the requirements of 21 CFR 1301.92’’ by security system, and that there was no Government requests.’’ Id. at 48. taking ‘‘immediate action towards evidence that the room ‘‘was used for Turning to whether Respondent had terminating Mullen’s employment any purpose other than to store rebutted the Government’s prima facie because of her misconduct’’ and rejected controlled substances prior to 2014.’’ Id. case, the ALJ found that while the allegation. Id. The ALJ thus concluded that the ‘‘Respondent acknowledged his three With respect to the recordkeeping Government failed to prove the violations, [he] did not show remorse allegations, the ALJ rejected violation. Id. for his actions’’ and that he had not Respondent’s contention that he was not However, the ALJ found that the accepted responsibility. Id. subject to the recordkeeping Government proved the allegation that While the ALJ found that Respondent requirements of 21 U.S.C. 827(a), Respondent had aided and abetted the had not ‘‘rebut[ted] the Government’s because he did not ‘‘regularly engage[] unlawful distribution of controlled prima facie showing that a sanction is in the dispensing or administering of substances by having his office manager, appropriate,’’ he also concluded that the controlled substances and charge[d] his who was not registered, administer egregiousness of Respondent’s patients, either separately or together controlled substances to patients who misconduct was mitigated by various with charges for other professional were to have procedures on days when circumstances. Id. at 50; see also id. at services, for substances so dispense or he was late arriving at his office. Id. at 52. However, even taking ‘‘these matters administered.’’ Id. at 39 (quoting 21 44–45. The ALJ specifically rejected into considerations,’’ the ALJ still found U.S.C. 827(c)(1)(B)). Respondent’s argument that his office that ‘‘Respondent’s violations, in Based on the findings of the 2005 manager was exempt from registration combination, are serious and raise Virginia Board of Medicine Consent under 21 CFR 1301.22(a), because she concerns of whether his registration is Order, the ALJ then found that the was an ‘‘agent or employee . . . acting consistent with the public interest.’’ Id. Government had proved that in the usual course of . . . her . . . at 53. Continuing, the ALJ explained Respondent failed to conduct an initial employment.’’ Id. at 45. Based on that ‘‘[i]n light of . . . Respondent’s inventory. Id. at 40 (citing 21 U.S.C. Respondent’s testimony that the office failure to accept responsibility, the 827(a)(1)). He also found that the manager administered controlled record supports the conclusion that [his] Government had proved that substances to patients ‘‘only on ‘limited registration should be suspended and Respondent failed to conduct and occasions,’ ’’ the ALJ explained that he [he] should obtain training concerning ‘‘maintain[ ] a proper biennial was ‘‘find[ing] as a matter of fact that recordkeeping, as well as storage and inventory’’ because his records did not [her] administration of controlled administration of controlled contain an actual count of the controlled substances was described repeatedly as substances.’’ Id. substances taken either at the beginning ‘occasional,’ which is the opposite of The ALJ thus recommended that or close of business but rather ‘‘a ‘usual[,]’ ’’ and ‘‘[t]herefore, [section] Respondent’s registration be suspended running balance of controlled 1301.22(a) does not apply.’’ Id. As to for a period of one year, to begin three substances after dispensing.’’ Id. at 41 this violation, the ALJ also found that months from the effective date of the (citing 21 CFR 1304.11(c)). The ALJ Respondent did not acknowledge his Decision and Order in this matter, and further found that the inventories were misconduct. Id. at 46. that the suspension be stayed if during not compliant because they did not Finally, the ALJ found that this period, Respondent completed contain ‘‘the number of commercial Respondent’s 2000 state court courses in ‘‘controlled substance containers of each controlled substance’’ convictions for unlawful possession of recordkeeping,’’ ‘‘control substance and the ‘‘the number of units or volume various controlled substances could be storage,’’ and ‘‘the administration of of each commercial container of considered under Factor Five. The ALJ controlled substances.’’ Id. The ALJ also controlled substances.’’ Id. at 42 noted, however, that ‘‘these convictions recommended that if his proposed (citations omitted). occurred over 15 years ago, and [that] suspension was stayed, that his

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registration be restricted to authorize one year, as well as the requirement that pursuant to the written plea agreement. only the prescribing of controlled Respondent take a course in controlled Id. at 2. Thereafter, on October 30, 2000, substances for a period of one year to substance recordkeeping if, following the Circuit Court sentenced him to begin on the stay’s effective date. Id. termination of the suspension, he probation for a period of one year, the And he further recommended that if the intends to resume either administering terms of which required him to perform suspension is stayed, Respondent or engaging in the direct dispensing of 100 hours of community service, to ‘‘undergo an annual audit to ensure controlled substances. I make the forfeit his driver’s license for 30 months, compliance with controlled substance following factual findings. to undergo drug abuse testing and regulations . . . by an independent counseling, and to pay costs. Id. at 4; see Findings of Fact auditor hired by . . . Respondent, for also RX 83, at 1. Respondent three years from the effective date of the Respondent’s License and Registration successfully completed probation and stay[,]’’ with ‘‘[t]he first audit [to] be Status on October 31, 2001, the charges were conducted no later than one year after Respondent is a board certified Doctor dismissed. GX 1, at 6; RX 83, at 1. the effective date of the stay,’’ with the of Podiatric Medicine who is licensed Shortly after Respondent was results to be forwarded to the local DEA by the Virginia Board of Medicine. GX sentenced, representatives of the DEA office ‘‘within [10] business days after 2. At all times relevant to the events at notified him that his registration was the audit.’’ Id. at 53–4. issue, Respondent maintained offices in subject to revocation based on the above Respondent filed Exceptions to the Roanoke, Bedford, Radford, and Rocky proceeding; the letter also offered Recommended Decision. Thereafter, the Mount, Virginia. RX 13, at 2. Respondent the opportunity to record was forwarded to my Office for Respondent is also the holder of DEA voluntarily surrender his registration. Final Agency Action. Certificate of Registration BK0639279, RX 83, at 1. Sometime thereafter, Having considered the record in its pursuant to which he is authorized to Respondent’s attorney wrote a letter to entirety, including Respondent’s dispense controlled substances in the DEA representatives informing them Exceptions, I agree with the ALJ that the schedules II through V, as a practitioner, that he had successfully completed his Government has failed to prove that at the registered address of 4106 Electric probation and that all of his drug tests Respondent is liable either for Road, P.O. Box 20566, Roanoke, VA were negative and that his propensity entrusting his registration to Ms. Mullen 24018. ALJ Ex. 8, at 15. Respondent’s for drug abuse risk was found to be (his insurance clerk) or because he knew registration does not expire until negligible. Id. On December 12, 2002, or should have known of her criminal December 31, 2017. Id. DEA agreed to renew his registration misconduct prior to August 20, 2012. I subject to a Memorandum of Agreement also agree with the ALJ that the The Prior Criminal and Administrative (MOA) which remained in effect for a Government has failed to prove that Proceedings period of one year. Id. at 2. Respondent violated 21 CFR 1301.75, on On September 13, 2000, Respondent On October 15, 2004, the Virginia those occasions when he left controlled pled guilty in the Circuit Court of Board of Medicine notified Respondent substances outside of the controlled Roanoke County Virginia to four felony that it would hold ‘‘an informal substances safe but the drugs were left counts of possession of the controlled conference’’ to inquire into various locked in the drug room. substances sufentanil, oxycodone (with allegations that he ‘‘violated certain I further agree with the ALJ that acetaminophen), pethidine laws and regulations governing the Respondent failed to conduct an initial (meperidine), and hydromorphone,1 as practice of podiatry in Virginia.’’ GX 2, inventory and that he also failed to take well as a single misdemeanor count of at 1. The Board raised 19 different a proper biennial inventory because he possession of marijuana. GX 1, at 1. The allegations including, inter alia, that he did not actually count the drugs that Circuit Court, while finding the violated Virginia law by: (1) Unlawfully were on hand. In addition, I agree with evidence sufficient to convict possessing controlled substances based the ALJ that Respondent aided and Respondent, withheld adjudication on his Alford plea; (2) that prior to abetted a violation of 21 U.S.C. 841 February 15, 2001, he ‘‘failed to perform when he directed his office manager to 1 Each of the felony counts involved a schedule an initial inventory, establish a biennial administer controlled substances to II controlled substance. See 21 CFR inventory date, and failed to take an patients prior to procedures when he 1308.12(b)(1)(vii) (hydromorphone); id. inventory of all [s]chedule II to V was not present in the office. Finally, I § 1308.12(b)(1)(xiii) (oxycodone); id. controlled substances at least every two agree with the ALJ that Respondent was § 1308.12(c)(18)(pethidine); id. § 1308.12(c)(27) (2) years’’; and (3) that the inventory he (sufentanil). Respondent maintained that the drugs convicted in 2000 in state court of four (other than the marijuana) were both ‘‘expired and ‘‘performed on February 15, 2001 lacked felony offenses and one misdemeanor existing medications’’ which he moved from his the time it was performed and the name offense of unlawful possession of office to his house because, based on his drug of the individual who performed it.’’ 2 Id. controlled substances. counts, some of the drugs were missing and while at 1–3. he suspected one of his employees, he ‘‘didn’t I disagree, however, with the ALJ’s really have any evidence to confront her and report On February 3, 2005, Respondent and rejection of the Government’s this.’’ Tr. 383–84. However, Respondent asserted the Board entered into a Consent Order, contention that Respondent should have that the pethidine ‘‘was left over from [his] ex- which found that Respondent had immediately terminated Mullen after he wife’s . . . rhinoplasty procedure, and she doesn’t violated various provisions of Virginia really take any narcotics, so she had some of these determined that she had been calling left over.’’ Id. at 387. Respondent asserted that he law. The findings included ‘‘that he . . . and faxing in fraudulent prescriptions entered the Alford plea because had he gone to trial, did not establish an initial inventory or and refill requests for hydrocodone and ‘‘it would have made the front page [of the] paper maintain current and accurate records of zolpidem. While I agree with the ALJ for the whole week’’ and ‘‘would have cost me all his inventory, receipt and distribution my patients and reputation.’’ Id. at 388. Respondent that Respondent did not acknowledge subsequently maintained that during the hearing on of controlled substances,’’ and that he any of his misconduct, I disagree with his plea, the Commonwealth’s Attorney ‘‘was his recommended sanction of a stayed unable to point to any specific violation of law.’’ Id. 2 Some of the other allegations included that he suspension. Instead, I conclude that at 389–90. However, the Circuit Court’s orders administered expired controlled substances to his identified the specific provisions of the Virginia patients, and that he dispensed schedule III and IV relevant factors support the imposition Code violated by Respondent. See GX 1, at 1 (Trial controlled substances to patients for their ‘‘at home of an outright suspension of Order citing Va. Code §§ 18.2–250 and 18.2- 250.1); use’’ ‘‘without a license from the Board of Respondent’s registration for a period of id. at 3 (Sentencing Order citing same provisions). Pharmacy.’’ GX 2, at 1–2.

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‘‘did not provide for adequate storage substance). GX 12, at 1. According to the box with lines for printing the for controlled substances maintained in credited testimony, at one Walmart ‘‘Prescriber’s Name,’’ the ‘‘Prescriber’s his office.’’ GX 3, at 1–2. The Consent pharmacy, Mullen would call the DEA #,’’ as well as lines for the Order further found that ‘‘since the pharmacy’s doctor’s line and leave a ‘‘Prescriber’s Signature’’—which was Board brought these matters to his message for a prescription representing where Mullen would use Respondent’s attention in July 2002, [Respondent] has that she was calling on behalf of signature stamp—and the ‘‘Date.’’ See revised and updated his controlled Respondent. The Walmart pharmacy GX 8, at 5. Notably, a number of these substance recordkeeping, storage and would fill the prescriptions even though forms included Respondent’s DEA dispensing practice, and believes that he Mullen did not provide Respondent’s number which was hand-written in the is fully compliant with all regulatory DEA registration number.4 Tr. 42. ‘‘Prescriber Comments’’ box. See GX 8, requirements regarding controlled Instead, notwithstanding that DEA at 5, 7, 13, 15, 17, 19; GX 9, at 7, 13, substances.’’ Id. at 4. regulations require that an oral 23, 29, 34, 38; GX 10, at 9, 15, 19. Based on its findings, the Board prescription contain all of the Over the course of the scheme, imposed a monetary penalty of $2,000 information mandated under 21 CFR Mullen called in or faxed in and placed Respondent on probation for 1306.05, including the prescriber’s DEA prescriptions and refill requests for 82 a period of one year. Id. at 5. The Board registration number,5 the pharmacist prescriptions for herself which further required that Respondent certify would retrieve Respondent’s registration Respondent had not authorized.8 Tr. ‘‘that he has read and agrees to fully number from the computer and put it on 106–07. On some occasions, she called comply with Chapters 33 and 34 of the the call-in prescription form which the in prescriptions listing her son and a Code of Virginia,’’ that he ‘‘successfully pharmacy would complete.6 Id. at 48. daughter-in-law as the patients. Id. at complete [a] continuing education Mullen did not give her name as the 105. Moreover, Mullen’s son provided course[] in recordkeeping,’’ and that person calling in the prescriptions; her with the names and dates of birth of ‘‘[w]ithin 60 days from the entry of [the] rather, she used such names as Virginia his co-workers, who agreed to pick up Order,’’ he ‘‘submit to an inspection and Norvel, Liz Norville, and Liz Chilton. the prescriptions. Id. at 105–06. Mullen audit by an Investigator of the See GX 6, at 2; GX 7, at 5, 7, 12, 14; Tr. also called in and or stamped refill Department of Health Professions (DHP) 106. requests for 13 prescriptions for 90 to ensure that he is in compliance with On some occasions, the pharmacies dosage units of hydrocodone 10 mg, record keeping, storage and dispensing would fax a refill request to with Respondent’s office manager listed requirements.’’ Id. at 5–6. The Order Respondent’s office. On these occasions, as the patient. RX 36. In her testimony, also provided that ‘‘[w]ithin 9 months Mullen would use Respondent’s Respondent’s office manager denied that from the inspection and audit . . . signature stamp to manifest that he had she had received any of these Respondent’s practice may be subject to approved the refill request and fax the prescriptions. Tr. 84. an unannounced inspection by a’’ DHP authorization back to the pharmacy Between December 31, 2007 and Investigator. Id. which typically authorized three refills. August 20, 2012, Mullen called in, or On January 11, 2006, a Committee of See GX 7, at 9; GX 8, at 5, 7, 13, 15, 17, stamped and faxed, prescriptions and the Board met to review Respondent’s 19; GX 9, at 7, 13, 23, 29, 34, 38; GX 10, refill requests for 1,596 prescriptions compliance with the Consent Order and at 9, 15, 19. and refills for hydrocodone and found that he ‘‘had fully complied with However, notwithstanding zolpidem. GX 12. In total, the all terms [of] the Order.’’ GX 4, at 1. The Respondent’s claim that Mullen did not prescriptions resulted in the dispensing Board thus terminated Respondent’s have access to his DEA number,7 the of 127,686 dosage units of hydrocodone probation and restored his license to un- record contains numerous refill request and 5,370 dosage units of zolpidem restricted status. Id. forms that suggest otherwise. These under Respondent’s registration.9 GX The Diversion Occurring at forms include a ‘‘Prescriber Comments’’ 11, at 2. Respondent’s Practice While Mullen was able to continue 4 According to the credited testimony of both her illegal activity for nearly five years, Sometime in 2004, Respondent hired Respondent and his office manager, his DEA she came to the attention of the Virginia Ms. Vicki Mullen to work at his registration was not posted and was kept in a file State Police as early as November 18, Roanoke office, where her duties with his license in his office. Tr. 71, 319, 405. Also, 2008. GX 6, at 2. According to the included preparing and filing insurance his signature stamp did not contain his registration number. Id. at 80 & 405. Nor did Respondent’s evidence, on November 17, 2008, claim forms. Tr. 73, 81. According to prescription blanks contain his DEA number. Id. at Respondent’s office manager, Mullen 71; see also RX 16. Respondent did not, however, 8 While the testimony was to the effect that was authorized to use Respondent’s keep his office door locked. Tr. 274. Mullen called in or faxed in 72 prescriptions for signature stamp on the forms. Id. at 81. 5 The only exception is the prescriber’s signature. herself, the PMP report lists 82 prescriptions/refills. She also had access to the fax 21 CFR 1306.21(a). RX 24. 6 machine.3 Id. at 408. On cross-examination, a Diversion Investigator 9 According to Detective Findley of the Virginia provided testimony suggesting that pharmacies State Police Drug Diversion Unit, Mullen stated that Beginning on or about December 31, ‘‘normally’’ fill oral prescriptions or called-in only ‘‘one pharmacy called [the] office to verify the 2007, Mullen began calling in prescriptions that are missing ‘‘the doctor’s DEA prescriptions,’’ and because Mullen ‘‘was there by prescriptions to pharmacies for various number because it is already on file.’’ Tr. 148. herself and . . . took the phone call [she] obviously drugs including 90 to 120 dosage units Moreover, the record contains numerous told the pharmacist that it was fine, to go ahead and prescriptions that were reduced to writing by the fill’’ the prescription. Tr. 225. Detective Finley of hydrocodone 10 mg (then a schedule pharmacist, but which were missing Respondent’s further testified that zolpidem is a sleep medication III and now a schedule II controlled DEA number. See GX 7. While in some instances, which is not usually prescribed by podiatrists and substance) and 30 dosage units of the DEA number was written on the prescription, that the issuance of two to three monthly zolpidem (the generic version of the Government put forward no evidence that the prescriptions by a podiatrist should have been pharmacist had obtained Respondent’s DEA suspicious to a pharmacist and that it would be Ambien, a schedule IV controlled number off the voice mail message left by Mullen unusual for a podiatrist to continue prescribing this rather than through the pharmacy’s database. drug. Id. at 226–27. With respect to the 3 According to the testimony of Respondent’s 7 See Tr. 174–75 (Colloquy between Respondent’s hydrocodone prescriptions, Detective Finley agreed office manager, Respondent saw patients once a counsel and DI regarding refill request form (GX 7, with Respondent’s counsel that ‘‘it would be week at his Roanoke office; he also did surgeries at 9): ‘‘Q[.] And as faxed back from, allegedly from unusual for a podiatrist to maintain somebody on once a week at the Roanoke office, however, he did the doctor’s office, it does not have a DEA number narcotic pain medication at the levels’’ of these not do surgeries every week. Tr. 56. on it, does it?’’ A[.] No.’’). prescriptions. Id. at 227.

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Mullen called in two prescriptions for the individual who picked up one of the for 90 dosage units of hydrocodone 10 Tramadol, which although it was not prescriptions as M.F.,11 who has the mg on nine different occasions. See GX then a federally-controlled substance, it same last name as S.F. RX 93–A. The 13, at 1. Indeed, Mullen’s criminal was a controlled substance under Detective called M.F., who ‘‘admitted to conduct continued unabated even after Virginia law, to a Walmart Pharmacy in picking up the forged prescriptions.’’ Id. she was indicted, and even after May Christiansburg, Virginia. Id. Upon She also told the Detective that Vicki 27, 2009, when she pled guilty to two reviewing the prescriptions, the Mullen had called in the prescriptions. counts of prescription fraud and was pharmacist noted that they were issued Id., see also Tr. 191. offered probation for one year and a by the same doctor (Respondent), for the Thereafter, on November 20, 2008, the deferred adjudication of the charges. See same exact prescription to two patients Detective interviewed Mullen, who GX 14, at 3–4, 7–9; GX 12, at 9–49. At (C.T. and S.F.), who, while they had admitted that she had called in the no point was Respondent notified that different last names, had the same forged prescriptions. RX 93–A. While on Mullen had pled guilty to the charges, address. Id. According to the February 6, 2009, Mullen was indicted and he was not otherwise notified of pharmacist, the prescriptions were in state court on the charge that she Mullen’s conviction by ‘‘the parole [sic] purportedly called in by Liz Norville. ‘‘did obtain or attempt to obtain system.’’ Tr. 428; see also id. at 357.13 Id. [Tramadol], by fraud, deceit, Mullen continued to work for Finding the two prescriptions to be misrepresentation, embezzlement, or Respondent until late September 2012, suspicious, the pharmacist called subterfuge, or by the concealment of a nearly five weeks after August 20, 2012, Respondent’s office and was told that material fact,’’ which was punishable as when his office manager found a faxed ‘‘no one named Liz Norville . . . a Class 6 felony under Virginia law, at refill request from a Walmart Pharmacy worked at that office [and] that they had no point did the Detective tell (#1301) for 90 dosage units of Lortab 10 no patients by the name of’’ C.T. and Respondent that Mullen had been mg for a patient named J.L. GX 15, at 2; S.F. Id. Later that day, Respondent arrested.12 Tr. 214. see also RX 18; Tr. 342–43. According called the pharmacist and confirmed The Detective further admitted that he to the office manager, she pulled a chart that C.T. and S.F. were not his patients did not obtain a Prescription Monitoring for a patient with the same name and and that ‘‘no one had called those in Program (PMP) report using determined that there was no such from his office.’’ Id. Respondent also Respondent’s DEA registration number original prescription in the chart; she faxed to the pharmacist a written to determine what controlled substance also determined that while the actual statement, stating that ‘‘[n]either did my prescriptions were being dispensed and purported patient had the same office nor I call in prescriptions for [C.T. under his registration. Id. at 210. He also names and address, they had different or S.F.] at any time. They are not my did not obtain a PMP report showing the birthdates. Tr. 60. The office manager patients.’’ GX 5, at 1. The next day, the prescriptions obtained by Ms. Mullen. showed the refill request to Respondent, pharmacist reported the prescriptions to Id. at 212. While the Detective testified who determined that he did not write Detective Larry Findley, who was that he did not remember the exact date the prescription. Id.; see also id. at 342. Respondent then called the pharmacy. assigned to the Drug Diversion Unit of on which the state police’s drug 10 GX 15, at 2; Tr. 343. The pharmacist the Virginia State Police. Tr. 189; RX diversion agents were given access to reviewed J.L.’s prescription history and 93–A. the PMP, he acknowledged that during The same day, Detective Findley went told Respondent that J.L. had been the period in which he was to the pharmacy, interviewed the obtaining Lortab prescriptions/refills on investigating the tramadol prescriptions, pharmacist and obtained a written a monthly basis since May 17, 2011, he probably had the ability to obtain a statement from her, as well as the ‘‘when the original prescription was PMP report of Respondent’s controlled statement Respondent had provided to called in by’’ a person who gave Vicki the pharmacist. GX 6, at 2; Tr. 189–90. substance prescriptions. Id. at 211–12. as her first name but a different last Using video footage, the Detective, with While the Detective’s testimony also name than Mullen. GX 15, at 2; Tr. 348; the assistance of one of the store’s asset suggests that he obtained a report from see also RX 27 (telephone prescription protection officers, was able to identify the Walmart Pharmacy of the of May 17, 2011 with no DEA number); prescriptions dispensed to the RX 28, at 1–4 (request for refills dated 10 On cross-examination, Respondent asserted individuals who were filling the forged 6/30/11 (four total refills), 11/22/11 (one that he ‘‘didn’t think [the November 2008 incident] prescriptions, he did not ask the refill), 12/20/11 (four total refills), 4/10/ had anything to do with me. There was nothing to pharmacy to provide a report of Ms. 12 (four total refills). The pharmacist link my employee with that at all.’’ Tr. 404. He then Mullen’s prescriptions. Id. at 212–13. testified that he thought the incident was verified that the refill requests were ‘‘associated more with’’ a podiatrist who practiced Moreover, the Detective did not notify faxed to and from Respondent’s office. in the Christiansburg, Virginia area and who had any other pharmacies to be on the GX 15, at 2; see also RX 28, at 1–4. bought another practice in an area where there was lookout for potentially forged Respondent told the pharmacist ‘‘that ‘‘a large drug ring down there.’’ Id. at 404–05. prescriptions from Respondent’s office. Respondent explained that ‘‘I addressed the issue somebody was fraudulently using [his] as it was presented to me’’ and ‘‘I had [the office Id. at 214. DEA number.’’ Tr. 350. He also told the manager] search our computer database and our Notably, by November 17, 2008, current patient files.’’ Id. at 407. He further testified Mullen’s criminal conduct had already 13 During cross-examination by Respondent, the that because the purported patients were not his resulted in the dispensing of 200 Detective was asked whether he recalled that during patients he made no changes to his office practices prescriptions and refills, each being for Mullen’s plea hearing in federal court, the Court and had ‘‘[n]o reason to’’ discuss the incident with asked him if he was ‘‘convinced that [Respondent] Mullen. Id. at 408. 90 dosage units of hydrocodone, by had no idea this was going on until it was brought After Respondent acknowledged that Mullen had three Walmart Pharmacies. See GX 12, to [Respondent’s] attention by his ex-wife, if I access to the fax machine and his signature stamp, at 1–7. And by this date, Mullen herself understand that,’’ and that he [the Detective] had the Government asked him what measures he had was able to fill a prescription or a refill answered, ‘‘Yes, sir.’’ Tr. 228. While the Detective in place to supervise employees when he was in his acknowledged his previous testimony, id., the other offices. Id. at 408–09. Respondent asserted transcript of Mullen’s federal court plea hearing that ‘‘aside from recording all calls, and having 11 The asset protection officer had worked at the was not made part of the record, and nothing in the copies faxed to my email, I can’t think of any same Walmart in Salem, Virginia as had M.F. RX record of this proceeding establishes that measure that wouldn’t be extreme, and quite 93–A. Respondent’s ex-wife brought ‘‘this’’ to burdensome.’’ Id. He then acknowledged that he 12 Mullen was not arrested until February 20, Respondent’s attention, let alone when she may took no such measures. Id. at 410. 2009, after she was indicted. Tr. 217. have done so.

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pharmacist ‘‘to block [his] DEA Respondent called Detective Findley; phone. And when asked by his counsel number.’’ Id. Respondent the two met at Respondent’s Radford if Mullen would abide by ‘‘[t]he acknowledged, however, that a couple office that afternoon. Id. at 347, 355. limitations [he] placed on her with what of prescriptions were filled after this According to Respondent, Findley told she was doing,’’ Respondent answered: conversation. Id. A spreadsheet him that ‘‘Vicki Mullen’s history ‘‘She didn’t indicate anything. She compiled by the Government shows that extended beyond the falsified didn’t have much choice in the matter.’’ on August 29 and September 2, 2012, prescriptions mentioned above, to Id. at 363. two refills, each being for 120 dosage include other stores, and other CIII Respondent also asserted that at the units of hydrocodone, were filled by medications.’’ GX 15, at 2. Findley told time he decided to retain Mullen while this same pharmacy. GX 12, at 49. The Respondent that Mullen had committed she trained her replacement he acted in spreadsheet also shows that 10 other similar acts in 2008. Id. ‘‘proportion of things that I knew. So it refills for 90 or 120 dosage units of Several days later, Respondent wasn’t . . . what we’re looking at in hydrocodone were dispensed between accessed the Virginia Court System’s retrospective now with this huge August 22 and September 15, 2012.14 Id. Web site and found the records of the situation. It was only with a handful of However, the prescription numbers 2009 criminal case in which Mullen information that I had, less than a support a finding that Mullen had either pled guilty to obtaining drugs by fraud. dozen.’’ Id. at 426. Yet, as found above, called in or faxed back the fraudulent RX 23, at 1–6. He also ran a PMP report on August 24, 2012, Respondent ran a authorization for each of these refills on Mullen. RX 24. The Report showed PMP report on Mullen’s prescriptions. prior to August 20, 2012. Tr. 166; GX 12, that from January 21, 2008 through The report showed that between January at 47–49. August 24, 2012, Mullen had obtained 21, 2008 and August 24, 2012, Mullen Respondent further determined that 56 prescriptions/refills for 90 dosage herself had obtained 56 prescriptions for only Mullen was working in his units of hydrocodone 10 mg and 26 90 hydrocodone 10 mg and 26 Roanoke office that afternoon as he and prescriptions/refills for 30 dosage units prescriptions for 30 tablets of zolpidem his office manager had worked at his of zolpidem 10 mg which were 10 mg. RX 24. So too, Respondent Radford office. GX 15, at 2. Respondent dispensed under Respondent’s testified that Mullen had given him confronted Mullen over the phone who registration. Id. copies of two refill request forms, which ‘‘confessed to falsifying [his] signature, On August 24, 2012, Respondent had she had stamped with his signature and submitting the refill authorizations, and Mullen prepare a written statement faxed back, which authorized the picking them up.’’ Id.; Tr. 354. regarding her misconduct. See GX 16. In dispensing of four refills of Respondent asked Mullen ‘‘how many the statement, Mullen listed the stores hydrocodone to J.B. (120 du) and R.H. other people she used for the[] false she had used, including three Walmarts (90 du). RX 26; see also GX 12, at 26, prescriptions’’; Mullen answered ‘‘about and three CVSs. Id. at 1. She also stated 48. five.’’ GX 15, at 2; Tr. 355.15 that Respondent and his office manager Consistent with Mullen’s August 24, Respondent called DEA and spoke ‘‘had no part or knowledge of my 2012 statement, both Respondent and with a Diversion Investigator, who told activities.’’ Id. his office manager denied having any him to call Detective Findley. Tr. 347. While Respondent told Mullen that knowledge of Mullen’s criminal activity, she would be fired, and placed an ad for including the 2009 state proceeding, 14 Four of the refills were dispensed by a different her replacement, he retained her as an until late August 2012. Tr.75–76, 88 Walmart Pharmacy (#3243), three were dispensed at employee through September 28, 2012. (office manager’s testimony); id. at 355, still another Walmart Pharmacy (#2312), one was See RX 49; Tr. 360. He testified that if 357, 381–82. (Respondent’s testimony). filled at two different CVS pharmacies (#s 06285 he had another employee who could and 03949), and another prescription was Respondent also disputed statements dispensed at a Walgreens Pharmacy (#7604). GX 12, have done his insurance billing, Mullen made by Mullen in an unsworn at 49. ‘‘would have been out the door ‘‘declaration’’ to the effect that he had Respondent testified that he had called various immediately.’’ Tr. 362. He maintained knowledge of the 2008 diversion pharmacies to report these incidents, but did not that he ‘‘could not operate’’ his practice incident and that both he and the office ‘‘exactly know when [he] did that,’’ before claiming that he might have done this on August 20, 2012, without his insurance clerk, that 99 manager knew ‘‘before 2012 that [she] before he left for his Radford office. Tr. 359. percent of his cash flow came from was diverting drugs from his office.’’ GX Respondent then explained that he notified one of insurance reimbursements, and that if 20, at 1 (Mullen declaration); Tr. 381– the Walmarts that his ‘‘DEA number [wa]s being he had fired Mullen immediately, ‘‘we 82 (Respondent’s testimony).16 While . . . falsified and abused’’ and that ‘‘should go to all of the Walmarts’’ because ‘‘they’re going to be would have had a backlog, and things the opening sentence of Mullen’s on a network.’’ Id. at 360. He also stated that he had would have started trailing off in three declaration states that she was ‘‘duly called ‘‘a handful of these’’ pharmacies, including weeks.’’ Id. at 361. He also asserted that sworn,’’ nothing else in the declaration CVS and Walgreens, and that he knew it worked he had tried both ‘‘electronic billing’’ establishes that she appeared before a because he subsequently received phone calls from and ‘‘any number of substitutes,’’ but pharmacists questioning prescriptions. Id. As for person authorized to administer oaths. why the two prescriptions were filled at Walmart these measures had not ‘‘worked.’’ Id. at See GX 20, at 4 (signature page). Nor #1301 even after he had informed this pharmacy 362. And he maintained that to prevent does the declaration contain an that the refill authorization for J.L. was fraudulent, a re-occurrence of Mullen’s criminal attestation clause.17 See id.; see also 28 Respondent testified that he ‘‘figured the same thing activity, he had moved the fax machine would happen with this Walmart 1301 also. So, I U.S.C. 1746. had no reason not to believe it would work.’’ Id. into the medication room, which had a 15 According to Respondent, sometime between steel door and frame with a deadbolt 16 Both the office manager and Respondent also August 20 and 24, 2012, Mullen gave Respondent lock for which Mullen did not have a disputed Mullen’s statement in the 2015 declaration three refill authorization forms which had been key, and took away her office keys. Id. that Respondent ‘‘stood over me and at one point faxed to his office from Walmart Pharmacies #s he leaned over me, grabbed my shoulder and shook 2312 and 3243. See RX 26. One of the requests, at 359, 421. me.’’ GX 20, at 3; Tr. 86 & 369. which was dated March 13, 2012, was for Mullen Respondent further asserted that ‘‘I 17 On November 6, 2014, Mullen, along with her herself and authorized the dispensing of four refills needed to isolate [Mullen] from any of son, were indicted on multiple counts of violating of 30 Ambien 10 mg. Id. at 1. The other requests, these communications, to keep the 21 U.S.C. 841(a)(1) (unlawful distribution of which were dated November 22, 2010 and August hydrocodone and zolpidem), 846 (conspiracy to 14, 2012, authorized the dispensing of four refills office safe from her.’’ Id. at 362. Yet distribute hydrocodone and zolpidem), and of 90 Lortab 10 mg to R.H. and four refills of 120 Respondent offered no testimony that 843(a)(3) (obtaining controlled substances by fraud), Lortab 10 mg to J.B. Id. at 2–3. Mullen was denied access to the office and a single count of violating 21 U.S.C. 843(a)(2)

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Respondent further testified that he commercial containers.’’ Id. at 136. Regarding the recordkeeping never authorized Mullen to call in However, on questioning by the ALJ as allegation, Respondent testified that prescriptions for pain medications and/ to whether the beginning inventory DHP’s inspector who audited his or controlled substances using his name would be ‘‘from the date that he opened records did not raise any issue with and DEA number. Tr. 319. Indeed, he his practice or . . . from the date that respect to his recordkeeping and ‘‘said asserted that Ms. Mullen ‘‘doesn’t know he received these particular drugs,’’ the they were good.’’ Id. at 397. Respondent my DEA number.’’ Id. When asked DI explained that ‘‘[i]t would be from testified that based on his conversation whether he ever authorized Mullen to the last biennial inventory. So he did with the inspector, he continued to fax in refill prescriptions, Respondent have a biennial inventory. So that we maintain the records in ‘‘just the same ‘‘doubted that because whenever I gave can use that as a beginning way’’ until the DI advised him as to the out prescriptions for any kind of pain inventory.’’ 19 Id. at 137. After ‘‘deficiencies he found.’’ Id. at 398. medicine . . . I would give that to the acknowledging that a biennial inventory Respondent then testified that as a patient directly. And then if [the is done ‘‘[e]very two years,’’ the DI result of his conversation with the DEA, patient] needed a refill, I would refill it acknowledged that ‘‘we would use that he changed his recordkeeping practices with the patient when I saw [him/her], biennial inventory or the initial ‘‘right away.’’ Id. so that was directly handed to the inventory’’ as the ‘‘starting point.’’ Id. at The DI also testified that in the patient.’’ Id. at 320. 137–38. summer of 2015, he interviewed Asked whether he accepted However, upon questioning by Respondent’s office manager. Id. at 133. responsibility for the ‘‘diversion that Government counsel, the DI testified In the interview, the office manager occurred out of [his] office and under that there was no beginning inventory, denied any knowledge that [his] identity,’’ Respondent answered that this is the same as the initial prescriptions were being called-in in her that Mullen ‘‘was not entrusted with inventory which must be created when name. Id. She also told the DI that [his] DEA number’’ and that ‘‘there was a person first becomes registered and Respondent was not ‘‘aware of that.’’ Id. nothing I could do to supplement that.’’ obtains drugs, and that there was also The office manager also told the DI Id. at 429. He further testified that when no biennial inventory. Id. at 138. Then that ‘‘sometimes the controlled ‘‘I found out about this, I acted asked if there were ‘‘any other substances, which would be immediately,’’ and ‘‘as far as . . . acting regulation violations in terms of the [h]ydrocodone, Xanax, and [d]iazepam in the public interest, I think I did that.’’ inventories that were required to be . . . would be left out for . . . her to Id. Continuing, Respondent testified kept,’’ the DI answered: ‘‘No. Basically administer to the patient.’’ Id. at 134. that ‘‘[a]s far as if you’re asking me if I he didn’t list the number of commercial The DI testified that the office manager accept responsibility for all of her containers or how many dosage units is not a registrant and that she is not diversion for the five years and so forth, were in each commercial container.’’ Id. permitted to administer controlled I don’t know how I could do that.’’ Id. The DI also testified that he found it substances when Respondent is not at 429–30. troubling that Respondent’s violations present because she is ‘‘not registered’’ ‘‘were similar’’ to those found in the and ‘‘doesn’t have the training to handle The DEA Administrative Inspection 2005 Consent Order, ‘‘especially about controlled substances.’’ Id. The DI also and Investigation the biennial inventory and initial testified that leaving the controlled On July 10, 2013, DEA Diversion inventory.’’ Id. at 140. The DI further substances out overnight is not Investigators executed an asserted that Respondent’s permitted, and that under the Code of Administrative Inspection Warrant recordkeeping violations ‘‘should have Federal Regulations, controlled (AIW), presumably at Respondent’s been rectified . . . back in 2005,’’ and substances ‘‘have to be secured in a Roanoke office as it was his registered that the records ‘‘should have been done substantial cabinet,’’ such as ‘‘a steel location.18 RX 88, at 1; Tr. 135. In correctly . . . actually, ever since cabinet’’ or ‘‘a safe.’’ Id. Finally, the DI testimony which was both confused and [Respondent] entered into the MOA asserted that Respondent did not confusing, the DI stated that Respondent with DEA.’’ Id. at 141. maintain effective controls against had various recordkeeping violations, The DI acknowledged, however, that diversion because he was not which, in his view, included that the Respondent had receipt records that monitoring his employee closely ‘‘initial inventory wasn’t listed.’’ Tr. went back beyond the period of the enough, id. at 142, and that Respondent 135–36. The DI then asserted that while audit he conducted, which covered a ‘‘has an obligation to know about any Respondent ‘‘had a dispensing log and period of two years. Id. at 161, 163. The diversion that happens with his it did have the number of pills that was DI also conceded that Respondent could employees or any criminal dispensed each time and a running account for nearly every pill he had information.’’ Id. at 144. However, when count . . . DEA requires a beginning obtained, the exception being that he asked by Government counsel if there inventory, which would actually . . . be was off three pills of hydrocodone 10/ were ‘‘[a]ny other controls that the drug strength, the number of 650 mg. Id. at 162–63. [Respondent] should have been using,’’ commercial containers or the size of the the DI answered: ‘‘I don’t believe so.’’ 19 The CSA does not use the term ‘‘beginning Id. inventory.’’ See 21 U.S.C. 827(a)(1). Rather, it uses The DI conceded that Respondent no (use of a DEA registration number issued to the term ‘‘initial inventory’’ to describe the another). GX 20, at 132–40. Mullen pled guilty to requirement that ‘‘every registrant . . . shall . . . as longer has controlled substances in his all six counts, and on July 17, 2015, she was soon thereafter as such registrant first engages in the office. Id. at 165–66. He also sentenced to 18 months incarceration. Id. at 156– manufacture, distribution, or dispensing of acknowledged that he had looked at 158. controlled substances . . . make a complete and Respondent’s prescriptions since 2013, 18 The Government did not submit the AIW for accurate record of all stocks thereof on hand[.]’’ Id. the record and the DI did not testify to the exact While the CSA also requires a registrant who and that none of these prescriptions date on which the AIW was executed. Tr. 135. I engages in the dispensing of controlled substances raised any concern. Id. at 166. thus derive the date of the inspection from the to take an inventory ‘‘every second year thereafter,’’ As to the allegation that he did not closing inventory document, which was submitted the statute calls this inventory a ‘‘biennial provide adequate security for the by Respondent. RX 88. Even though the Show inventory.’’ See id. The term ‘‘beginning inventory’’ Cause Order alleged that various other records did simply refers to an inventory that is used as the controlled substances that he left out of not comply with the CSA and DEA regulations, the starting point for an audit of a registrant’s handling the safe the night before he would Government did not submit these either. of controlled substances. perform procedures, Respondent

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testified that his office was in ‘‘a several times but ‘‘couldn’t get a log-in.’’ Volkman, 567 F.3d at 222); see also freestanding building,’’ that it was the Id.; see also id. at 366–67. Respondent Hoxie, 419 F.3d at 482.20 only office in the building, that he had then testified that he later found out Under the Agency’s regulation, ‘‘[a]t a security system that had motion and ‘‘that the site had been hacked . . . in any hearing for the revocation or door detectors that was monitored, that 2009’’ but did not remember when he suspension of a registration, the the door and door frame to the drug had tried to access the PMP. Id. at 367 Administration shall have the burden of room were made of steel, and that the & 435. Nor did he testify as to why he proving [by substantial evidence] that door had a deadbolt lock. Id. at 305–10. had previously sought to access the the requirements for such revocation or He further testified that Ms. Mullen did PMP. However, Respondent testified suspension pursuant to . . . 21 U.S.C. not have a key to the room. Id. at 308. that he now monitors the state PMP [§ ] 824(a) . . . are satisfied.’’ 21 CFR As for his practice of allowing his every month to determine if someone is 1301.44(e). In this matter, I conclude office manager to administer controlled misusing his registration. Id. at 382. that the Government’s evidence with substances to patients prior to respect to Factors Two, Four, and Five 21 procedures, Respondent testified that Discussion supports the conclusion that this ‘‘was not a routine practice’’ and Under the CSA, ‘‘[a] registration Respondent has committed acts which occurred only ‘‘on occasion.’’ Id. at 336. pursuant to section 823 of this title to render his ‘‘registration inconsistent Respondent added that this would occur manufacture, distribute, or dispense a if he was ‘‘inevitably going to be late, controlled substance . . . may be 20 In short, this is not a contest in which score right when the patient starts . . . suspended or revoked by the Attorney is kept; the Agency is not required to mechanically count up the factors and determine how many favor complaining about that,’’ prompting a General upon a finding that the the Government and how many favor the registrant/ call from his office manager ‘‘asking[] if registrant . . . has committed such acts applicant. Rather, it is an inquiry which focuses on she [could] administer. . . the as would render his registration under protecting the public interest; what matters is the medicines.’’ Id. at 337. Respondent seriousness of the registrant’s or applicant’s section 823 of this title inconsistent misconduct. Jayam Krishna-Iyer, 74 FR 459, 462 explained that his office manager ‘‘had with the public interest as determined (2009). Accordingly, as the Tenth Circuit has already checked the [patient’s] vitals,’’ under such section.’’ 21 U.S.C. recognized, findings under a single factor can and that he ‘‘would either say yes or no 824(a)(4). So too, ‘‘[t]he Attorney support the revocation of a registration. MacKay, about that.’’ Id. He also testified that he General may deny an application for [a 664 F.3d at 821. Likewise, findings under a single did procedures only one day a week, factor can support the denial of an application. practitioner’s] registration . . . if the 21 With respect to Factor One, the Virginia Board and that it ‘‘would only be the first case Attorney General determines that the has not made a recommendation to the Agency in in the morning, if that happened at all.’’ issuance of such registration . . . would this matter. Moreover, even under the broader view Id. be inconsistent with the public taken in numerous agency cases of what constitutes While Respondent testified that he relevant evidence under this factor, the Virginia interest.’’ Id. § 823(f). In the case of a Board’s 2005 restoration of Respondent’s medical would leave drugs outside of the safe (in practitioner, see id. § 802(21), Congress license to unrestricted status is of de minimis the storage room) either the night before has directed the Attorney General to probative value in assessing whether his continued the procedure or if he had ‘‘come in consider the following factors in making registration is consistent with the public interest earlier in the morning,’’ he further given that the most serious allegations in this matter the public interest determination: post-date the Board’s action. Thus, the most that explained that he would leave out only can be said for the Board’s restoration of his the aliquot for ‘‘just that one patient,’’ (1) The recommendation of the appropriate State licensing board or professional medical license to unrestricted status is that and that it was kept ‘‘behind the locked Respondent currently possesses authority to door’’ of the drug room. Id. at 338–39. disciplinary authority. dispense controlled substances under Virginia law (2) The applicant’s experience in According to Respondent, opening the and therefore meets the CSA’s prerequisite for dispensing or conducting research with maintaining a practitioner’s registration. See safe required both a key and a respect to controlled substances. Frederic Marsh Blanton, 43 FR 27616 (1978) (‘‘State combination, but only he knew the (3) The applicant’s conviction record under authorization to dispense or otherwise handle combination. Id. at 340. Respondent Federal or State laws relating to the controlled substances is a prerequisite to the stated that he had ended the practice of manufacture, distribution, or dispensing of issuance and maintenance of a Federal controlled controlled substances. substances registration.’’) However, this finding is allowing his office manager to not dispositive of the public interest inquiry. See administer medication in September (4) Compliance with applicable State, Mortimer Levin, 57 FR 8680, 8681 (1992) (‘‘[T]he 2013, after a patient questioned the Federal, or local laws relating to controlled Controlled Substances Act requires that the practice. Id. at 341. substances. Administrator . . . make an independent Asked by the ALJ whether he thought (5) Such other conduct which may threaten determination [from that made by state officials] as the public health and safety. to whether the granting of controlled substance ‘‘it was improper to have [his office Id. § 823(f). privileges would be in the public interest.’’); see manager] administer’’ controlled also Paul Weir Battershell, 76 FR 44359, 44366 substances to patients when he was ‘‘not ‘‘[T]hese factors are . . . considered (2011) (citing Edmund Chein, 72 FR 6580, 6590 in the office,’’ Respondent maintained in the disjunctive.’’ Robert A. Leslie, (2007), pet. for rev. denied, Chein v. DEA, 533 F.3d M.D., 68 FR 15227, 15230 (2003). It is 828 (D.C. Cir. 2008)). that he ‘‘thought it was a common As to Factor Three, I agree with the ALJ that there practice.’’ Id. at 431. He then well settled that I ‘‘may rely on any one is no evidence that Respondent has been convicted maintained that ‘‘my interpretation of or a combination of factors, and may of an offense under either federal or state law the state code and publications by the give each factor the weight [I] deem[] ‘‘relating to the manufacture, distribution or appropriate in determining whether’’ to dispensing of controlled substances,’’ 21 U.S.C. Board of Medicine, it seemed like it was 823(f)(3), and that the simple possession offenses of all right.’’ Id. However, Respondent suspend or revoke an existing which he has been convicted are properly provided no such materials to registration or deny an application. Id.; considered under Factor Five. The Agency has corroborate that this practice complied see also MacKay v. DEA, 664 F.3d 808, recognized, however, there are a number of reasons 816 (10th Cir. 2011); Volkman v. DEA, why even a person who has engaged in criminal with state law. misconduct may never have been convicted of an Asked by the ALJ when he first 567 F.3d 215, 222 (6th Cir. 2009); Hoxie offense under this factor, let alone prosecuted for started using the PMP, Respondent v. DEA, 419 F.3d 477, 482 (6th Cir. one. Dewey C. MacKay, 75 FR 49956, 49973 (2010), testified: ‘‘August 24, 2012.’’ Id.at 435. 2005). Moreover, while I am required to pet. for rev. denied, MacKay v. DEA, 664 F.3d 808 consider each of the factors, I ‘‘need not (10th Cir. 2011). Thus, ‘‘the absence of such a When then asked by the ALJ why he conviction is of considerably less consequence in didn’t ‘‘use it prior to that time,’’ make explicit findings as to each one.’’ the public interest inquiry’’ and is therefore not Respondent asserted that he had tried MacKay, 664 F.3d at 816 (quoting dispositive. Id.

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with the public interest.’’ 21 U.S.C. First, the ALJ’s opinion suggests that with a registrant’s obligation to ‘provide 823(f), 824(a)(4). While I agree with the he gave weight to Respondent’s effective controls and procedures to ALJ’s conclusion that a sanction is testimony that he did not believe that guard against theft and diversion of appropriate, I find that the record the 2008 incident had anything to do controlled substances,’ every registrant supports a stronger sanction than that with him. See R.D. 35. Specifically, in has a duty to conduct a reasonable recommended by the ALJ. rejecting the Government’s contention investigation upon receiving credible that ‘‘Respondent should have information to suspect that a theft or Factors Two, Four and Five— monitored Mullen and his PMP report, diversion had occurred.’’ Rose Mary Respondent’s Experience in Dispensing the ALJ reasoned, in part, that ‘‘the 2008 Jacinta Lewis, 72 FR 4035, 4042 (2007) Controlled Substances, Compliance fax 22 did not contain any information (quoting 21 CFR 1301.71(a)). Thus, the with Applicable Laws Related to that suggested that one of Respondent’s Government is not required to show that Controlled Substances, and Such Other employees was involved’’ and that ‘‘the a registrant either had actual knowledge Conduct Which May Threaten Public refill prescription was not written for of, or was willfully blind to, an Health and Safety one of the Respondent’s patients.’’ Id. employee’s or agent’s criminal Respondent’s Liability for Mullen’s As for Respondent’s contention that behavior.25 Misuse of His Registration he did not believe the incident involved The Agency has further explained that him, the incident obviously involved In the Show Cause Order, the ‘‘the precise scope of’’ the duty to him because his name was being used Government alleged that Respondent is investigate ‘‘necessarily depends upon as the purported issuer of the ‘‘responsible for the misuse of [his] the facts and circumstances.’’ Id. prescriptions. Moreover, neither registration by’’ Ms. Mullen. ALJ Ex. 1, Moreover, a registrant’s duty to Respondent nor the ALJ explained why at 2. Moreover, in its post-hearing brief, investigate potential theft or diversion one would reasonably expect an the Government asserts that Respondent by his employees (or agents) applies to employee who was engaged in criminal ‘‘knew or should have known about the all such acts, regardless of whether the activity by calling in fraudulent diversion that Ms. Mullen was employee has been entrusted with prescriptions to give her actual name. committing under his name’’ based on authority to use his registration. Cf. John Indeed, with respect to the person who the fraudulent tramadol prescriptions V. Scalera, 78 FR 12092 (2013). In was calling in the prescriptions, there that were brought to his attention by a Scalera, the former Administrator were only two possibilities: either the pharmacist in November 2008. Gov. denied a physician’s application for prescriptions were being called in by Post-Hrng. Br. 15–16. The Government registration, based, in part, on his someone who did not work for him or notes Respondent’s testimony that he testimony that he ‘‘had no idea’’ and did by someone who did.23 The record does ‘‘didn’t think [these acts of diversion] not ‘‘know anything about’’ how not, however, establish whether the had anything to do with him,’’ even unlawful prescriptions that were issued pharmacist told Respondent that ‘‘Liz though the prescriptions were called in under his name as the prescriber were Norville’’ (Mullen) had provided under his name, and argues that ‘‘he either called-in or faxed to the Respondent’s phone number in the admitted [that] he made no changes in pharmacies. Id. at 12095–96; see also id. voice mail message that she left for the his office practices, did not discuss the at 12099. The Administrator further prescription. situation with his employees and did noted the physician’s testimony that I agree with the ALJ that the ‘‘there was not enough evidence to not begin to use Virginia’s PMP to Government did not prove that monitor the drugs being prescribed convince him that any of his employees Respondent either had actual had actually called in the prescriptions under his’’ registration. Id. at 16–17. knowledge of, or was willfully blind to, The Government then argues that the with his surrendered number.’’ Id. at Mullen’s criminal behavior until August 12097; see also id. at 12099. Notably, Agency has consistently applied the 24 20, 2012. R.D. 35–36. However, DEA the former Administrator denied the principle ‘‘that a registrant bears has previously held that ‘‘[c]onsistent responsibility for the misuse of their physician’s application notwithstanding that there was no showing that the [sic] registration . . . by an employee.’’ 22 While there was a 2008 fax, this document was Id. at 17. Also pointing to the generated by Respondent in response to the call physician had entrusted his registration 26 ‘‘testimony’’ it presented in the form of from the pharmacist questioning the prescriptions, to any employee, holding that Ms. Mullen’s unattested declaration, the which were phoned-in. ‘‘[h]aving failed to explain why the . . . Government argues that Respondent 23 I acknowledge the possibility that someone prescriptions were called in, outside of a physician’s practice could call-in (or [r]espondent has offered no credible entrusted his registration to Ms. Mullen fax-in) a fraudulent prescription to a pharmacy. because her ‘‘duties also included Thus, obtaining the phone number provided by the assurance that similar acts will not occasionally calling-in patient caller (or the number used to fax the prescription) occur in the future’’). Id. at 12100. prescriptions to pharmacies.’’ Id. at 20. would tend to eliminate one of the two possible Nonetheless, the Agency has not sources of the prescription’s origin. There is, previously held that the potential The ALJ rejected the allegation, however, no evidence that the pharmacist told reasoning that the Government did not Respondent that ‘‘Liz Norville,’’ the name Mullen misuse by an employee or agent of a prove that Respondent ‘‘provide[d] used on this occasion, had provided his office Mullen with access to his registration phone number when she called in the prescriptions, 25 The Government did not explicitly cite this or whether the pharmacy had obtained duty or Jacinta Lewis in the Show Cause Order, its number expressly, impliedly, or Respondent’s phone number from its dispensing Pre-Hearing Statements, or its Post-Hearing brief. negligently,’’ R.D. 34, or that software. Because I reject the Government’s contentions as to Respondent either had knowledge or 24 As noted previously, in support of its the steps Respondent should have taken but did not was willfully blind to Mullen’s actions contention that Respondent authorized Mullen to following the 2008 incident, I need not decide use his registration and was also aware that she was whether the Government failed to provide adequate prior to August 20, 2012. Id. at 35. diverting controlled substances, the Government notice of its intent to rely on this duty in this While I agree with the ALJ that the produced an unattested declaration by Ms. Mullen. matter. Government’s proof was inadequate to Notwithstanding that some of the statements made 26 In Scalera, the physician had previously support the imposition of liability for by Mullen in this document are corroborated by surrendered his registration. 78 FR at 12094. While other evidence, the Government’s failure to ensure the physician testified that office employees had entrusting his registration to Mullen, I that Ms. Mullen attested to the truth of her access to his registration number, there was no disagree with substantial aspects of the statements under penalty of perjury renders this showing by the Government that the physician had ALJ’s reasoning. document inherently unreliable. authorized the employees to call in prescriptions.

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practitioner’s state prescribing authority Laws Ch. 739(H.B. 1704) (Amending Va. officers and pharmacists, failed to carry to divert a non-federally controlled drug Code § 54.1–2523.C by authorizing the out those responsibilities. triggers the duty to investigate whether Director to disclose, ‘‘in his discretion,’’ In conclusion, I agree with the ALJ’s his DEA registration has also been ‘‘.8 Information relating to prescriptions legal conclusion that on this record, the misused. I now hold that where a for covered substances issued by a Government has not sustained the registrant is provided with credible specific prescriber, which have been allegation that Respondent is liable for information that his state prescribing dispensed and reported to the program, Mullen’s criminal misconduct. authority is being used to divert a state- to that prescriber.’’). However, regardless of whether a controlled (but not federally-controlled) Nonetheless, where a practitioner registrant has entrusted his registration to an employee, upon receiving credible drug, such information triggers the duty receives credible information that information that his registration may be to investigate whether his DEA fraudulent prescriptions under his name the subject of misuse, a registrant has a registration is also being used to divert are being presented for state but not duty to conduct a reasonable federally controlled substances. federally-controlled drugs, and the state investigation to determine whether his However, as this is a new and additional PMP permits a practitioner to obtain employees are involved in the misuse of duty beyond that which was announced information as to his controlled his registration. A failure to do so in Jacinta Lewis, which applies only to substance prescribings, that practitioner a practitioner’s receipt of information constitutes ‘‘other conduct which may has a duty to obtain that information that his DEA registration is being threaten the public health and safety.’’ and to determine whether unlawful misused, I conclude that it cannot be 21 U.S.C. 823(f)(5). prescriptions for federally controlled retroactively imposed on Respondent. To establish a violation of this duty, Moreover, even if the duty had been substances are also being dispensed the Government is not required to prove announced prior to the 2008 incident, I under his registration. Moreover, even if that the registrant had actual knowledge would find unpersuasive the state law does not authorize a or was willfully blind to the fact that an Government’s contention that practitioner to obtain a PMP report of employee was engaged in diversion. Respondent should be held liable the dispensings which have been Rather, the Government is required to because ‘‘he made no changes in his attributed to him, a practitioner is show only that the registrant received office practices, did not discuss the obligated to obtain that information credible information creating a situation with his employees and did from a pharmacy that reports a suspicion that his registration was being not begin to use Virginia’s PMP to fraudulent prescription to him. If misused, that reasonable measures were monitor the drugs being prescribed information obtained from either the available to the registrant to determine under his DEA number.’’ Gov. Post- PMP or a pharmacy shows that one’s if his/her employee or agent was Hrng. Br., at 16–17. See also id. at 21 registration is being misused, a misusing his registration, and that the (arguing that ‘‘[e]ven assuming . . . that registrant must report that information registrant failed to take such measures. to DEA (as well as local law [Respondent] did not know of Ms. Respondent’s Continued Employment of Mullen’s diversion, his failure to enforcement authorities) even if the practitioner concludes that no employee Mullen After He Became Aware of Her discover it over a five-year period and Criminal Conduct his failure to properly monitor Ms. or agent is involved in the misuse of his Mullen or to even check his own PMP registration.28 A practitioner is not As found above, even after Mullen report demonstrates a gross and reckless excused from this duty because others, admitted to Respondent that she had disregard for his responsibilities as a who also have responsibilities to submitted the fraudulent refill registrant and for the public health and investigate, such as law enforcement authorization for hydrocodone and he safety’’). was told by Detective Findley that The Government offered no year period and his failure to properly monitor’’ her Mullen had a history of submitting explanation as to what changes ‘‘demonstrates a gross and reckless disregard for his fraudulent prescriptions which responsibility as a registrant.’’ Notably, the included the 2008 tramadol Respondent should have made to his Government does not explain by what method office practices (other than to check his Respondent should have discovered Mullen’s prescriptions, Respondent continued to PMP report) or other steps he should diversion when the state police detective employ Mullen. Indeed, within days of have taken ‘‘to properly monitor Ms. acknowledged that he did not tell Respondent about receiving this information, Respondent Mullen’s 2008 arrest and the subsequent found the state court records showing Mullen.’’ As for its claim that convictions until the August 2012 incidents, and Respondent did not discuss the only a single pharmacy questioned the dosing of a that Mullen had pled guilty to obtaining situation with his employees, while prescription (but not its legitimacy) after the 2008 prescription drugs by fraud. He also there is evidence that he did not discuss incident. obtained a PMP report showing that the matter with Mullen, perhaps Mullen Given the scope of the diversion, there is much from January 21, 2008 through August about this case (such as the failure of the detective 24, 2012, Mullen had filled 56 would have confessed and perhaps not. to tell Respondent of Mullen’s arrest and Thus, it is unclear what this would have convictions, not to mention that the terms of her prescriptions/refills for 90 dosage units accomplished. Finally, as for the probation did not prohibit her from working in a of hydrocodone 10 mg and 26 contention that Respondent should have doctor’s office; the fact that prescriptions which prescriptions/refills for zolpidem 10 mg. were missing Respondent’s DEA number were Respondent nonetheless continued to checked his own PMP report, under routinely filled notwithstanding that they were Virginia law in effect at the time of the facially invalid; as well as that the prescriptions employ Mullen for another five weeks, 2008 incident, Respondent was not were for hydrocodone in quantities and dosings that asserting that he needed to retain her authorized to obtain a PMP report were clearly outside of the scope of what is usually because she was his insurance clerk and prescribed by podiatrists), which is deeply needed her to maintain his cash flow showing his own prescribings. See Va. disturbing. While the Government believes Stat. § 54.1–2523.B & C (2008). Indeed, Respondent’s and his office manager’s testimony as while a new insurance clerk was hired Virginia law did not authorize the to his lack of knowledge is implausible, the burden and trained. was on the Government to prove otherwise under The ALJ rejected the Government’s disclosure by the PMP Director of this the theory it advanced in this case. 27 contention that Respondent violated 21 information until 2013. See 2013 Va. 28 Depending upon the extent of the misuse, the practitioner may need to request the cancellation of CFR 1301.92 because he continued to 27 The Government argues that Respondent’s his registration number and the issuance of a new employ Mullen ‘‘even after learning of ‘‘failure to discover [Mullen’s diversion] over a five- registration number. her diversion.’’ Show Cause Order (ALJ

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Ex. 1), at 2; R.D. 37–38. According to the includes not only those acts that mention another 780 dosage units of ALJ, this regulation ‘‘does not require constitute violations of its regulations, it zolpidem. Notably, the ALJ, in his the immediate termination of an also includes ‘‘[s]uch other conduct discussion as to why he rejected the employee; it only requires that the which may threaten the public health Government’s contention that employer immediately assess the and safety.’’ 30 21 U.S.C. 823(f)(5). Respondent should have immediately employee’s conduct to determine what Moreover, whether I were to apply fired Mullen, did not address this employment action to take against the section 1301.92 or evaluate testimony. employee.’’ R.D. 37. Respondent’s conduct under Factor I also disagree with the ALJ that the In the ALJ’s view, ‘‘Respondent Five, I would come to the same result. measures undertaken by Respondent immediately assessed both the Here, the evidence shows that by justify his failure to immediately seriousness of Mullen’s violations and August 24, 2012, Respondent knew that terminate Mullen. As for his moving the her position of responsibility, as Mullen had been convicted in state fax machine into the secure medications required under’’ the regulation. Id. The court of two counts of prescription room, this did not address Mullen’s ALJ also gave weight to Respondent’s fraud. And once he obtained the PMP ability to phone in prescriptions. So too, testimony that while Mullen remained report which showed the controlled while Respondent took away Mullen’s in his employment, he moved the fax substances prescriptions she obtained keys to the office, obviously she was machine into the secure medication under his DEA registration, Respondent allowed into the office in order to train room, took away her office keys, called knew that Mullen had committed at her replacement and Respondent offered local pharmacies to alert them to least another 82 felony offenses of no testimony that anyone was watching Mullen’s actions, and monitored his prescription fraud. Mullen on those days when he was at DEA number on the PMP system.29 R.D. To the extent the ALJ’s his other offices. 37. The ALJ further gave weight to the recommendation suggests that As for the ALJ’s finding that testimony that Respondent needed to Respondent properly ‘‘assessed . . . the Respondent ‘‘monitored his DEA retain Mullen for this period because 99 seriousness of Mullen’s violations,’’ R.D. number on the PMP system,’’ R.D.37, percent of his cash flow came from 37, I disagree. Indeed, proof that Mullen while Respondent claimed he did this insurance payments and ‘‘no had committed a single act of ‘‘every month,’’ Tr. 382, he offered replacement could immediately fill prescription fraud should have resulted conflicting testimony as to when he Mullen’s position so as to continue the in her immediate termination. Of further started doing so. Specifically, after Respondent’s normal business note, when confronted on cross- testifying that he checked the PMP operations,’’ even though Respondent examination as to why he retained every month to see if anyone was acknowledged that his ‘‘office manager Mullen even after he obtained the PMP misusing his number, when then asked was competent to perform these duties.’’ report, Respondent attempted to by his counsel if he had found any Id. at 38. minimize the scope of Mullen’s misuse since August 2012, Respondent Continuing, the ALJ explained that misconduct when he testified that ‘‘I answered: ‘‘No. I will say I’ve been ‘‘[f]or small businesses that depend on acted upon the, you know, the doing every month for approximately a each employee performing essential proportion of things that I knew. So it year, nine months, something like that business functions, it is reasonable to wasn’t—it wasn’t what we’re looking at that. No, no deviations there.’’ 31 Id. at expect that terminating an employee can in retrospective now with this huge 382–83. Yet when later asked by the ALJ be a process rather than an situation. It was only with a handful of ‘‘when did you start using the PMP on instantaneous action.’’ Id. The ALJ then information that I had, less than a a regular basis?’’ Respondent answered: rejected the allegation, concluding that dozen.’’ Tr. 426. ‘‘August 24 of 2012.’’ Id. at 435. Not Respondent had acted ‘‘[c]onsistent However, by August 24, 2012, only is this conflict in his testimony with the requirements of 21 CFR Mullen’s criminal conduct in obtaining unresolved, Respondent did not testify 1301.92’’ by taking ‘‘immediate action prescriptions for herself alone made this as to any other instance during the towards terminating Mullen’s an indisputably ‘‘huge situation’’ given remaining period of Mullen’s employment because of her that she had obtained more than 5,000 employment in which he accessed the misconduct.’’ Id. dosage units of hydrocodone 10 mg, the PMP to determine what prescriptions Section 1301.92 is contained in a strongest dosage form of this highly were being dispensed under his section of part 1301 which follows the abused controlled substance, not to registration. heading: ‘‘EMPLOYEE SCREENING– To be sure, there is evidence that NON-PRACTITIONERS,’’ thus raising 30 Notwithstanding that the Government did not Respondent called local pharmacies to the question, which was not addressed cite Factor Five with reference to this allegation, alert them to Mullen’s actions. Yet the by either party or the ALJ as to whether Respondent clearly knew that his conduct in evidence also shows while Respondent retaining Mullen in his employment after claimed to have called ‘‘a handful of it even applies to Respondent who is a discovering that she was diverting drugs was at practitioner. I need not decide this issue in the proceeding and put on a full defense these’’ pharmacies on August 20, 2012 question because under the public against the allegation. Of consequence, the public (the day the refill authorization form interest standard applicable to interest factors do not impose substantive legal was found on the fax), at least 12 refills duties which can be violated, but simply shape the for 90 or 120 dosage units of practitioners, the Agency’s authority scope of relevant evidence in the proceeding, and Respondent clearly knew throughout the hydrocodone were nonetheless 29 The ALJ also found that ‘‘Respondent’s office proceeding that the Government was alleging that dispensed by several of these manager monitored Mullen from August 20, 2012, his retention of Mullen was conduct which renders pharmacies after that date, including by until she left the Respondent’s employment.’’ R.D. his registration inconsistent with the public those he called. Moreover, Respondent 37 (citing Tr. 79). The cited testimony involved interest. ALJ Ex. 1, at 1–2 (citing 21 U.S.C. 824(a)(4) only the question by Respondent’s counsel: ‘‘Do and 823(f)). saw patients at four different locations you recall whether you were more vigilant watching Of further note, 21 CFR 1301.76(a), which is titled Ms. Mullen during that month that she was still ‘‘[o]ther security controls for practitioners,’’ 31 Even if Respondent meant that he had been there?’’ followed by the office manager’s answer: ‘‘I provides, in part, that ‘‘[t]he registrant shall not checking the PMP for one year and nine months would say yes.’’ Tr. 79. The office manager did not, employ as an agent or employee who has access to (since the date of the hearing), this still would not however, offer any further testimony explaining in controlled substances, any person who has been support a finding that he had commenced doing so what manner she was more vigilant in watching convicted of a felony offense relating to controlled every month since August 2012 and did so while Mullen during this period. substances.’’ Mullen remained employed with him.

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in southwestern Virginia, and while establish an initial inventory.’’ GX 3, at which are generally applicable to all there is no evidence as to the number of 1–2. Moreover, during the July 2013 registrants. pharmacies in this area of Virginia, inspection, Diversion Investigators Fatal to Respondent’s contention is 21 presumably there are more than ‘‘a found that Respondent did not have a U.S.C. 885(a)(1). It provides that: handful.’’ biennial inventory which was based on It shall not be necessary for the United I further reject Respondent’s an actual count of the drugs on hand as States to negative any exemption or contention that he was justified in required by DEA regulations. See 21 exception set forth in this subchapter in any continuing to employ Mullen because CFR 1304.11(a) & (c). Rather, he complaint, information, indictment, or other he needed to maintain his cash flow maintained a perpetual inventory, pleading or in any trial, hearing, or other while a new insurance clerk was hired which was not based on an actual count proceeding under this subchapter, and the and trained. The evidence showed that burden of going forward with the evidence of the drugs on hand at the required with respect to any such exemption or Respondent’s office manager could have biennial interval, but rather, as the ALJ exception shall be upon the person claiming performed these duties, and while she found, was ‘‘a mathematical calculation its benefit. testified that she could not do so and of how many [controlled substances] the 21 U.S.C. 885(a)(1) (emphasis added). perform her other duties, no evidence Respondent should have had after was offered that Respondent could not By its plain terms, this provision applies dispensing the listed amounts.’’ R.D. 41. not only to criminal proceedings but have hired someone to fill the office Thus, I agree with the ALJ that manager’s duties or that he could not also to suspension and revocation Respondent violated 21 U.S.C. 827(a) by proceedings. have hired a billing service. Moreover, failing to establish an initial inventory Respondent offered no evidence that he Because section 827(c) is clearly an (as found in the 2005 Consent Order) exception to the generally applicable did not have access to other sources of and by failing to ‘‘make a complete and funds (such as his savings, credit cards, recordkeeping requirements and accurate’’ biennial inventory. R.D. 40– Respondent is ‘‘the person claiming its or a line of credit) to support his 41. practice while a new insurance clerk benefit,’’ he had the burden of In his Exceptions, Respondent raises producing evidence to show why he was hired and trained. As for the ALJ’s two contentions to the ALJ’s findings. suggestion that Respondent acted was entitled to the exception. Id. As First, he argues that because he was Respondent produced no evidence reasonably because he ran a small engaged in administering medication to business and Mullen performed an showing that he did not ‘‘charge[ ] his his patients, he was ‘‘not required to patients, either separately or together essential business function, a DEA perform the initial and biennial registrant is obligated at all times to act with charges for other professional inventories that are required of other in the public interest. services, for substances so dispensed or registrants.’’ Exceptions, at 1 (citations It is true that ‘‘there was no evidence administered,’’ id. § 827(c)(1)(B), he is that Mullen used her position in . . . omitted). Respondent points to 21 not entitled to claim the exception. I Respondent’s office to generate any U.S.C. 827(c)(1)(B), which states, in therefore reject Respondent’s exception fraudulent prescriptions after August relevant part, that the recordkeeping and hold that Respondent violated 20, 2012.’’ R.D. 38. Respondent was provisions of section 827 ‘‘shall not section 827(a) by failing to maintain nonetheless willing to risk causing apply . . . to the administering of a proper inventories.32 additional harm to the public health and controlled substance in schedule II, III, IV, or V unless the practitioner regularly The Failure To Maintain Adequate safety. His conduct in continuing to Physical Security Allegation employ a serial diverter clearly engages in the dispensing or constitutes ‘‘conduct which may administering of controlled substances As found above, on occasion, the threaten the public health and safety.’’ and charges his patients, either night before he was to perform a 21 U.S.C. 823(f)(5) (emphasis added). separately or together with charges for procedure, Respondent would set out in other professional services, for a cup—outside of the controlled The Recordkeeping Allegations substances so dispensed or substance safe—the controlled Pursuant to 21 U.S.C. 827(a)(1), administered.’’ Exceptions, at 1–2. substances that his office manager was ‘‘every registrant shall . . . as soon . . . Respondent argues that ‘‘DEA had the to provide to his first patient. However, as such registrant first engages in the burden of proof as to this allegation,’’ the evidence shows that the drugs were manufacture, distribution, or dispensing and because the Government failed ‘‘to nonetheless kept locked in his of controlled substances . . . and every offer evidence that [he] falls into the medication room which was secured second year thereafter, make a complete statutory exception,’’ the allegation with a steel door (and door frame) that and accurate record of all stocks thereof must be rejected. Id. at 2. Respondent had a deadbolt lock. The evidence also on hand.’’ See also 21 CFR 1304.11(c) further maintains that ‘‘[t]his is not a shows that this office was a freestanding (‘‘After the initial inventory is taken, the case where [he] seeks to invoke a building and that Respondent had a registrant shall take a new inventory of statutory exception; rather, DEA seeks to security monitoring system. all stocks of controlled substances on invoke it.’’ Id. The ALJ rejected the Government’s hand at least every two years.’’). Respondent is mistaken. Section contention that Respondent violated 21 Moreover, ‘‘[e]ach inventory shall 827(a) states that ‘‘[e]xcept as provided CFR 1301.75, which provides that contain a complete and accurate record in subsection (c) of this section . . . ‘‘[c]ontrolled substances listed in of all controlled substances on hand on every registrant shall . . . as soon . . . [s]chedules II, III, IV, and V shall be the date the inventory is taken. . . . The as such registrant first engages in the inventory may be taken either as of . . . distribution[] or dispensing of 32 As Respondent did not maintain a proper initial and biennial inventory at all, these are the opening of business or as of the close of controlled substance, and every second violations he committed. Having made these business on the inventory date and it year thereafter, make a complete and findings, I agree with Respondent that the ALJ’s shall be indicated on the inventory.’’ Id. accurate record of all stocks thereof on additional findings that his inventory did not § 1304.11(a). hand.’’ (emphasis added). Thus, section contain the number of containers and the number 827(a) makes plain that the provisions of units or volume in each container, see R.D. at 42, The evidence shows that in 2005, ‘‘are subsumed under the ‘greater’ violation’’ of Respondent entered into a Consent of subsection C are simply exceptions to failing to take a biennial inventory. Exceptions, at Order which found that he ‘‘did not the provisions of subsection A and B, 3.

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stored in a securely locked, was Respondent’s ‘‘agent or employee’’ routinely, and that because her conduct substantially constructed cabinet.’’ R.D. and was ‘‘acting in the usual course of was unlawful, it cannot qualify under 43–44. Noting that the Agency’s . . . her business or employment.’’ Id. at section 822(c) as ‘‘acting in the usual regulations do not define the term 45. course of [a registrant’s] business or ‘‘substantially constructed cabinet,’’ the In so holding, the ALJ reasoned that employment.’’ ALJ explained that at least one because in his post-hearing brief, The Virginia Drug Control Act defines prominent dictionary provides a ‘‘Respondent described [the office the term ‘‘[a]dminister [to] mean[ ] the definition of the term ‘‘cabinet’’ which manager’s] administration of controlled direct application of a controlled includes ‘‘[a] small or private room set substances as occurring only on ‘limited substance, whether by injection, aside for some specific activity.’’ R.D. 44 occasions,’ ’’ ‘‘Respondent himself inhalation, ingestion, or any other (quoting American Heritage Dictionary argued . . . that [she] did not means, to the body of a patient . . . by (i) of the English Language 185 (1976)). administer controlled substances in the a practitioner or by his authorized agent The ALJ further gave ‘‘consideration to usual course of business.’’ Id. (quoting and under his direction or (ii) the the factors contained in 21 CFR Resp. Post-Hrng. Br. 38). Continuing, the patient . . . at the direction and in the 1301.71(b)’’ and found that ALJ explained that he was ‘‘find[ing] as presence of the practitioner.’’ Va. Code Respondent’s use of the Extra Meds a matter of fact that [the office § 54.1–3401. Even assuming that the Room ‘‘to store his controlled manager’s] administration of controlled office manager’s conduct in providing substances substantially complied with substances was described repeatedly as the drugs to patients falls within the the requirements of 21 CFR 1301.71(b).’’ ‘occasional,’ which is the opposite of provision allowing a practitioner’s Id. ‘usual.’ Therefore, 21 [CFR] 1301.22(a) ‘‘authorized agent’’ to do so, the Virginia Of note, section 1301.75(b) does not does not apply.’’ Id. Drug Control Act contained extensive require that most schedule II through V Respondent takes exception to the and detailed provisions governing the controlled substances be stored in a ALJ’s legal conclusion. He argues that circumstances in which drugs can be safe, and indeed, section 1301.75(e) his office manager was an agent within administered by someone other than a specifies two drugs (carfentanil the meaning of the CSA, which defines licensed prescribing practitioner. See id. etorphine hydrochloride and the term as ‘‘an authorized person who § 54.1–3408. Relevant here is subsection diprenorphine) which ‘‘shall be stored acts on behalf of or at the direction of U, which states: in a safe or steel cabinet equivalent to a manufacturer, distributor, or dispenser.’’ Exceptions, at 4 (quoting 21 Pursuant to a specific order for a patient a U.S. Government Class V security and under his direct and immediate container.’’ 21 CFR 1301.75(b) & (e). U.S.C. 802(3)). Respondent further notes supervision, a prescriber may authorize the And while the use of the word that ‘‘[w]hile the phrase ‘in the usual administration of controlled substances by ‘‘cabinet’’ to describe a small room course of business’ is used many times personnel who have been properly trained to appears archaic,33 I agree with the ALJ in the CSA and the associated assist a doctor of medicine or osteopathic that in light of the small amount of regulations, it is not defined.’’ Id. at 5 medicine, provided the method does not controlled substances that were stored (citing 21 U.S.C. 822(c); 21 CFR included intravenous, intrathecal, or epidural outside of the safe and the level of 1300.04). Respondent then maintains administration and the prescriber remains responsible for such administration. security provided by the medication that ‘‘[t]he fact that a business practice room and the office’s alarm system, occasionally, or on limited occasions, Id. § 54.1–3408.U. Even assuming that Respondent nonetheless remained in does not mean that it is not in the usual this provision allows a doctor of substantial compliance with section course of that business.’’ Id. Respondent podiatry 35 to authorize his employee to 1301.75 when he left the drugs outside argues that the testimony shows ‘‘that administer a controlled substance to his of the safe but locked in the medication during the course of [his] surgical patient, the evidence shows that room. practice, it was in the usual course of Respondent would approve the business for [the office manager] to administration when he was ‘‘going to Aiding and Abetting the Unlawful administer medication in lieu of [his] be late,’’ prompting his office manager Distribution of Controlled Substances doing it personally when [he] was not to call and ask ‘‘if she [could] by an Unregistered Person going to be in the office when the administer . . . the medicines.’’ Tr. 337. The Government alleged and the ALJ surgery patient arrived[.]’’ Id. Respondent was not in the office when found that Respondent aided and Respondent thus contends that the this occurred, and while he asserted that abetted the unlawful distribution of office manager ‘‘was acting as [his] agent controlled substances when he allowed and employee within the scope of her 35 While this provision specifically refers to ‘‘a his office manager to administer the responsibilities and duties’’ and was not doctor of medicine or osteopathic medicine,’’ Va. required ‘‘to be registered.’’ Id. Code § 54.1–3408.U, subsection A refers to ‘‘[a] controlled substances, which he had set practitioner of medicine, osteopathy, podiatry, out in the drug room the night before, Respondent thus contends that he ‘‘did dentistry, or veterinary medicine.’’ Id. § 54.1– to those patients who were undergoing not aid and abet an illegal distribution 3408.A. procedures and he had yet to arrive at of a controlled substance under 21 In his Post-Hearing Brief, Respondent implies his office. R.D. 44–46. The evidence U.S.C. 841(a).’’ Id. that this practice was lawful under the Board of I need not decide whether the Medicine’s Rules governing Office-Based showed that Respondent’s office Anesthesia. Resp. Post-Hrng. Br. 50. He specifically manager did not hold a registration to frequency of the office manager’s notes that Board’s ‘‘requirements for office based dispense controlled substances.34 Id. at administrations of controlled substances anesthesia’’ do not apply to ‘‘[m]inimal sedation/ 44 (citing Tr. 57). The ALJ further to Respondent’s patients was sufficient anxiolysis.’’ Id. (quoting 18 Va. Admin. Code 85– to establish that she was acting in the 20–320(A)(1). That may be (even though there is no rejected Respondent’s contention that evidence as to whether the cocktail of drugs that his office manager was exempt from usual course of her employment when were given to the patients resulted in the registration under 21 CFR 1301.22(a) she did so. Rather, I conclude that inducement of ‘‘minimal sedation/anxiolysis’’ or because in administering the drugs, she because under Virginia law, the office ‘‘moderate sedation/conscious sedation,’’ which is manager could not legally administer subject to the requirements for office-based anesthesia), but this argument does not address 33 See Merriam-Webster.com. Merriam-Webster, controlled substances to Respondent’s whether Respondent’s practice of having his office n.d. Web. 22 May 2017. patients, it does not matter whether she manager administer the drugs to the patients in his 34 Nor does she hold any DEA registration. Tr. 57. did so only ‘‘on limited occasions’’ or absence was lawful under Va. Code § 54.1–3408.U.

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‘‘he thought it was a common practice’’ agree with the ALJ that Respondent Thus, applying ‘‘simple contract law,’’ and was permitted by the Board of aided and abetted these violations and Respondent got exactly what he Medicine, he produced no materials that this conduct is actionable under bargained for—the renewal of his from the Board such as an opinion letter Factor Four. R.D. 46; see also 18 U.S.C. registration subject to various or Board decision that would support 2. conditions. What he did not bargain for his contention that even though he was was the ability to preclude the Agency The State Court Convictions not physically present in the office, he from considering the state court was nonetheless engaged in the ‘‘direct As the ALJ found, in 2000, convictions in the event he committed and immediate supervision’’ of his Respondent pled guilty in state court to additional misconduct in the future and office manager when he authorized his four felony counts of the unlawful was subject to a Show Cause Order.38 office manager to administer the drugs possession of controlled substances I therefore reject Respondent’s to the patients. which included sufentanil, oxycodone, exceptions that I am precluded from Accordingly, I reject Respondent’s pethidine, and hydromorphone, as well considering Respondent’s state court exception that his office manager was as one misdemeanor count of unlawful convictions by the MOA. However, in exempt from registration because she possession of marijuana. R.D. 47. While light of the fact that Respondent’s was ‘‘acting in the usual course of [her] the ALJ noted that the Agency had convictions occurred 17 years ago and . . . employment’’ and that he is not ‘‘declined to revoke’’ Respondent’s that there is no evidence that liable for aiding and abetting the registration based on these convictions Respondent has been subsequently unlawful distribution of controlled and the convictions were over 15 years convicted of either a federal or state substances. As explained above, I old, he rejected Respondent’s offense related to controlled substances further hold that on those occasions contention that because the Agency (whether falling within the scope of when Respondent was not physically entered into the Memorandum of Factor Three or Factor Five), I place present in the office and his office Agreement (MOA) with Respondent it is only limited weight on the state court manager administered the controlled now estopped from seeking revocation convictions. substances to various patients, she based on these convictions. Id. engaged in an unlawful distribution Respondent takes exception to the Summary of the Government’s Prima under 21 U.S.C. 841(a)(1).36 I further ALJ’s ruling. Exceptions, at 10–11. He Facie Case argues that that ‘‘[t]he ALJ cited no basis Given Respondent’s knowledge that 36 In his Exceptions, Respondent argues that for his finding that the MOA did not Mullen had fraudulently obtained ‘‘[t]here is no DEA precedent for finding [the office estopped [sic] DEA from relying on [his] controlled substance prescriptions/ manager’s] conduct to be an illegal distribution.’’ Exceptions, at 5 (citing Fred Samimi, 79 FR 18698 2000 conviction [sic] in its attempt to refills 82 times from January 21, 2008 (2014), and Margy Temponeras, 77 FR 45675 sanction him today.’’ Id. at 10. He also through August 24, 2012, as well as his (2012)). Discussing Samimi, Respondent states that argues that he ‘‘has not found an agency knowledge that Mullen had been ‘‘Dr. Samimi was found by the State of California decision that relied on conduct convicted in state court of two counts of to have aided and abetted the unlicensed practice of medicine by allowing his staff to dispense (not predating a MOA as a basis for revoking prescription fraud, I conclude that he administer) controlled substances when he was not a registration.’’ Id. And he argues that has committed ‘‘other conduct which present. In sustaining that finding as relevant to her ‘‘[t]he MOA was a contract between may threaten the public health and consideration, the Administrator made no DEA and [himself],’’ that the MOA safety’’ when he failed to immediately suggestions that Dr. Samimi’s actions violated the CSA.’’ Id. And discussing Temponeras, Respondent placed restrictions on his registration terminate Mullen. 21 U.S.C. 823(f)(5). I noted that ‘‘Dr. Temponeras had unregistered ‘‘[i]n lieu of initiating procedures for the further conclude that Respondent’s employees dispensing (not administering) drugs to revocation of’’ his registration, that he convictions for the unlawful possession patients by filling prescriptions while she was not ‘‘fulfilled his obligations under the’’ of various controlled substances provide actually present[,]’’ and that while ‘‘the Administrator found that Dr. Temponeras violated MOA, and that ‘‘DEA is bound by its limited support for the finding that the CSA because she was not registered as a agreement to accept the MOA in lieu of Respondent has committed ‘‘other dispenser and . . . violated Ohio law by allowing seeking revocation based on [his] 2000 conduct which may threaten public unlicensed individual[s] to fill controlled conviction’’ under ‘‘[s]imple contract health or safety.’’ Id. substance[ ] prescriptions . . . there was no reference to Dr. Temponeras’ conduct as law.’’ Id. at 11. constituting illegal distributions.’’ Id. at 5–6 (int. I disagree. While the MOA noted that (that being one year from the date that DEA signed quotations omitted). ‘‘[i]n light of [his] past actions, authority the agreement), the Agency then brought a show Neither case supports Respondent. As for exists under 21 U.S.C. [823(f) and cause proceeding based on the exact same grounds Samimi, the Government never argued that the 824a)(4)] for DEA to initiate Show Cause that led to the MOA and nothing else. But it has physician’s practice of allowing unlicensed staff to not. dispense controlled substances without being action to revoke [his ] registration’’ and 38 Respondent also argues that he ‘‘has not found directly supervised by him constituted a violation that ‘‘[i]n lieu of initiating procedures an Agency decision that relied on conduct of 21 U.S.C. 841, and thus, that case did not address for the revocation of [his] [r]egistration,’’ predating a MOA as a basis for revoking a the question of whether an unregistered person can the parties had agreed to various terms registration.’’ Exceptions, at 10. However, in Mark administer controlled substances to a patient De La Lama, 76 FR 20011 (2011), the Agency outside of the presence of the physician. See 79 FR including the renewal of his denied an application (submitted by a nurse at 18698 (discussing allegations of Show Cause registration, none of those terms practitioner who allowed his registration to expire) Order); id. at 18710 (discussing state board’s precluded the Agency from relying on based, in part, on his prior convictions for findings and relevant state law prohibiting practice the state court convictions in any controlled substance offenses which gave rise to an of allowing unlicensed and unsupervised office 37 MOA when he first became registered and which staff to dispense drugs). subsequent proceeding. RX 83, at 2. he subsequently violated. See 76 FR at 20018 & As for Temponeras, the Agency’s decision found n.15; id. at 20019 n.18. While the decision did not that the physician, who was not registered as a provisions of’’ the CSA, and § 841(a), which renders place substantial weight on the applicant’s pharmacy, ‘‘exceeded the authority of her unlawful the knowing or intentional distribution of convictions due to their age, it did not hold that the registration because she authorized her employees a controlled substance ‘‘[e]xcept as authorized by’’ Agency could not consider the convictions because to fill prescriptions issued by her father.’’ 77 FR at the CSA. Thus, Respondent’s assertion that ‘‘[i]n they predated the MOA. See id. 45677. Notably, the decision cited both 21 U.S.C. Temponeras, there was no reference to Dr. Moreover, Respondent cites no Agency decision § 822(b), which provides that a registrant is Temponeras’ conduct as constituting ‘illegal which holds that following the entry of an MOA, authorized to engage in controlled substances distributions’ ’’ misstates the case. Exceptions, at 6. the Agency is precluded from considering the activities ‘‘to the extent authorized by [his] 37 Respondent might have an argument under conduct which gave rise to the MOA in a registration and in conformity with the other ‘‘simple contract law’’ if, after the MOA expired subsequent proceeding.

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As also found above, Respondent 49995, 50004 (2010); see also Jeri health and safety, I am compelled to failed to comply with the CSA’s Hassman, 75 FR 8194, 8236 (2010) reject the ALJ’s recommended sanction requirement that he ‘‘make a complete (quoting Hoxie v. DEA, 419 F.3d 477, and conclude that the imposition of a and accurate record of all stocks . . . on 483 (6th Cir. 2005) (‘‘Candor during substantial period of outright hand’’ both when he first engaged in the DEA investigations, regardless of the suspension is warranted.39 dispensing of controlled substances as severity of the violations alleged, is Notably, Respondent did not well as ‘‘every second year thereafter.’’ considered by the DEA to be an acknowledge his misconduct in 21 U.S.C. 827(a)(1); 21 CFR 1304.11(a) & important factor when assessing retaining Mullen, and instead, justified (c). He also violated the CSA by whether a physician’s registration is his decision to retain her until a new directing his office manager, who does consistent with the public interest[.]’’). insurance clerk was hired and trained not hold a registration, to administer While a registrant must accept because of his need to maintain his cash controlled substances to those patients responsibility for his misconduct and flow. Moreover, when confronted as to who were to undergo procedures when demonstrate that he will not engage in why he had retained Mullen even after Respondent was not at his office. 21 future misconduct in order to establish he obtained the PMP report which listed U.S.C. 841(a); 18 U.S.C. 2. Both his that his continued registration is 82 different prescriptions which she had failure to maintain proper records and consistent with the public interest, DEA fraudulently obtained, Respondent his conduct in directing his office has repeatedly held that these are not attempted to minimize the scope of her manager to administer controlled the only factors that are relevant in misconduct, testifying that he ‘‘acted substances to patients is relevant in determining the appropriate disposition upon . . . the proportion of things that assessing Respondent’s experience in of the matter. See, e.g., Joseph Gaudio, I knew. So it wasn’t . . . what we’re dispensing controlled substances 74 FR 10083, 10094 (2009); Southwood looking at in retrospective now with this (Factor Two) and his compliance with Pharmaceuticals, Inc., 72 FR 36487, huge situation. It was only with a applicable laws related to controlled 36504 (2007). Obviously, the handful of information that I had, less substances (Factor Four). egregiousness and extent of a than a dozen.’’ Tr. 426. I therefore hold that the Government registrant’s misconduct are significant It is true that there is no evidence that has met its prima facie burden of factors in determining the appropriate Mullen continued her criminal acts showing that Respondent ‘‘has sanction. See Jacobo Dreszer, 76 FR during the five week period before she committed such acts as would render 19386, 19387–88 (2011) (explaining that was finally terminated. Had the his registration . . . inconsistent with a respondent can ‘‘argue that even Government produced such evidence, I the public interest.’’ 21 U.S.C. 824(a)(4). though the Government has made out a would revoke Respondent’s registration. I further conclude that grounds exist to prima facie case, his conduct was not so While it is also true that Respondent suspend or revoke Respondent’s egregious as to warrant revocation’’); moved the fax machine into a room to registration. Paul H. Volkman, 73 FR 30630, 30644 which Mullen did not have access, this (2008); see also Paul Weir Battershell, Sanction does not mitigate Respondent’s 76 FR 44359, 44369 (2011) (imposing misconduct because the evidence shows Where, as here, the Government has six-month suspension, noting that the established grounds to revoke a that many of the fraudulent evidence was not limited to security and prescriptions (whether for Mullen registration or deny an application, a recordkeeping violations found at first respondent must then ‘‘present[ ] personally or for her co-conspirators) inspection and ‘‘manifested a disturbing were phoned in. sufficient mitigating evidence’’ to show pattern of indifference on the part of Finally, I conclude that the Agency’s why he can be entrusted with a new [r]espondent to his obligations as a interests in both specific and general registration. Samuel S. Jackson, 72 FR registrant’’); Gregory D. Owens, 74 FR deterrence also support a substantial 23848, 23853 (2007) (quoting Leo R. 36751, 36757 n.22 (2009). Miller, 53 FR 21931, 21932 (1988)). So too, the Agency can consider the period of outright suspension for this ‘‘ ‘Moreover, because ‘past performance need to deter similar acts, both with misconduct. As to specific deterrence, is the best predictor of future respect to the respondent in a particular were Respondent to confront the same performance,’ ALRA Labs, Inc. v. DEA, case and the community of registrants. situation of a diverting employee in the 54 F.3d 450, 452 (7th Cir. 1995), [DEA] See Gaudio, 74 FR at 10095 (quoting future, he must know that there will be has repeatedly held that where [a Southwood, 71 FR at 36503). Cf. serious consequences for failing to act registrant] has committed acts McCarthy v. SEC, 406 F.3d 179, 188–89 responsibly. Also, Respondent may inconsistent with the public interest, the (2d Cir. 2005) (upholding SEC’s express confront different scenarios in which he [registrant] must accept responsibility adoption of ‘‘deterrence, both specific is faced with the choice of placing his for [his] actions and demonstrate that and general, as a component in private interests over the public interest. [he] will not engage in future analyzing the remedial efficacy of As to the Agency’s interests in general misconduct.’’ Jayam Krishna-Iyer, 74 FR sanctions’’). deterrence, the community of 459, 463 (2009) (citing Medicine Having considered the relevant facts practitioner registrants must know that Shoppe, 73 FR 364, 387 (2008)); see also and circumstances, I disagree with the there will be substantial consequences Jackson, 72 FR at 23853; John H. ALJ’s recommended sanction of a one for failing to promptly terminate Kennedy, 71 FR 35705, 35709 (2006); year suspension which would not be employees who are diverting controlled Cuong Tron Tran, 63 FR 64280, 64283 effective for three months from the date substances.40 (1998); Prince George Daniels, 60 FR of my Final Order and which would be 62884, 62887 (1995). Also, a registrant’s stayed provided Respondent takes 39 Because the ALJ rejected this allegation, he did not address the relevant facts and circumstances candor during both an investigation and certain courses within that period. related to this misconduct. the hearing itself is an important factor Instead, because I find Respondent’s 40 Respondent argues that I should consider his to be considered in determining both failure to immediately terminate Mullen cooperation with law enforcement upon whether he has accepted responsibility upon determining that she had discovering the 2012 fraudulent refill request. Resp. Post-Hrng. Br. 67. However, as discussed above, I as well as the appropriate sanction. fraudulently obtained 82 prescriptions conclude that the other factors discussed above Michael S. Moore, 76 FR 45867, 45868 for herself is egregious misconduct, greatly outweigh his cooperation with the (2011); Robert F. Hunt, D.O., 75 FR which clearly posed a threat to public Detective’s investigation.

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Accordingly, based solely on Moreover, while in response to the DI’s the suspension, he intends to resume Respondent’s misconduct in retaining instructions Respondent started taking administering and/or engaging in the Mullen, I conclude that the factors an actual count, the ALJ found that direct dispensing of controlled relevant to this misconduct support the ‘‘Respondent did not show remorse for substances, Respondent must provide outright suspension of Respondent’s his recordkeeping violations.’’ R.D. 49. evidence to the local DEA office that he registration for a period of one year. As for his practice of directing his has completed a course in controlled Moreover, I conclude that Respondent’s office manager to administer controlled substance recordkeeping prior to doing failure to maintain complete and substances to patients who were so. If Respondent does not provide such accurate inventories, as well as his undergoing procedures when he was evidence, his registration shall be misconduct in directing his unregistered running late and not in the office, the restricted to prescribing controlled office manager to administer controlled ALJ also found that there were several substances. substances to patients, provide factors that mitigate the egregiousness of Order additional support for my conclusion these violations. According to the ALJ, that an outright suspension for one year these factors include that this happened Pursuant to the authority vested in me is warranted. only ‘‘occasionally,’’ that Respondent by 21 U.S.C. 824(a) as well as 21 CFR While Respondent’s failure to had previously determined what 0.100(b), I order that DEA Certificate of establish an initial inventory occurred medications should be administered to Registration No. BK0639279 issued to sometime ago, his failure to maintain a the patient based on his assessment of Peter F. Kelly, D.P.M., be, and it hereby complete and accurate biennial the patient’s needs, that there is no is, suspended for a period of one year. inventory based on an actual physical evidence that the drugs were diverted, I further order that upon termination of count of the controlled substances he and that Respondent had ceased this the suspension, said registration shall be had on hand is far more recent. While practice after a patient questioned it. restricted to prescribing controlled Respondent testified that he kept the R.D. 50–51. substances, until such date that Peter F. records as he did based on the guidance I do not take issue with the ALJ’s Kelly, D.P.M., provides evidence that he he received from the state inspector in conclusions that these factors mitigate has completed a course in controlled the 2005 time frame, the requirements to the egregiousness of these violations. substance prescribing. This Order is take an actual physical count ‘‘either as However, here again, the ALJ found that effective July 24, 2017. of the opening of business or as of the ‘‘Respondent never acknowledged that Dated: June 19, 2017. close of business on the inventory date’’ [the office manager’s] administration of Chuck Rosenberg, controlled substances violated DEA and to indicate this ‘‘on the inventory’’ Acting Administrator. are clear on the regulation’s face. And regulations.... Respondent never [FR Doc. 2017–13158 Filed 6–22–17; 8:45 am] even if Respondent was given erroneous showed remorse for aiding and abetting advice by the state inspector, dispensations by a non-registrant. BILLING CODE 4410–09–P Respondent is responsible for knowing Rather, the Respondent denied that 41 what is required by DEA’s regulations. these actions were wrongful.’’ Id. at 46. DEPARTMENT OF JUSTICE The ALJ thus concluded that 41 In his Recommended Decision, the ALJ ‘‘Respondent has not accepted Federal Bureau of Investigation discussed eight considerations that in his view, responsibility for his conduct, even ‘‘mitigate the egregious of the shortcomings of [OMB Number 1110–0021] Respondent’s controlled substance inventory.’’ R.D. though he discontinued these practices [and] . . . Respondent has not rebutted 50. However, several of these do not mitigate the Agency Information Collection violation. For example, the ALJ noted that the Government’s prima facie showing Activities; Proposed eCollection ‘‘Respondent kept a thorough and detailed that the Respondent violated 21 U.S.C. eComments; Requested; Extension perpetual inventory,’’ that the DI was able to use the [§ 841(a)].’’ Id. I agree. perpetual inventory to do an audit, and that ‘‘there Without Change, of a Previously Respondent’s violations in failing to is no evidence that the Respondent’s recordkeeping Approved Collection; FBI National errors resulted in any diversion.’’ Id. These do not take a proper inventory and in directing Academy: End-of-Session Student mitigate the violation because the CSA and DEA his unregistered office manager to Course Questionnaire; FBI National regulations require that a registrant take an actual administer controlled substances, physical count of the controlled substances on Academy: General Remarks coupled with his failure to acknowledge hand, and an accurate actual count, as Questionnaire memorialized in either an initial or biennial his misconduct with respect to both inventory, is essential in conducting an accurate violations, provide additional support AGENCY: Federal Bureau of audit. Likewise, an accurate audit is essential in for my decision to suspend determining whether a registrant is maintaining Investigation, Department of Justice. complete and accurate records of both the Respondent’s registration for a period of ACTION: 60-day notice. controlled substances he receives and those he one year. As for the state court ‘‘deliver[s] or otherwise dispose[s] of.’’ 21 U.S.C. convictions, because they did not SUMMARY: The Department of Justice 827(a)(3). As for the ALJ’s statement that there is no involve distribution to others and (DOJ), Office of Justice Programs, evidence that Respondent’s recordkeeping errors resulted in diversion, generally, it is diversion that occurred 17 years ago, I give them only Bureau of Justice Statistics, will be results in recordkeeping irregularities and not the limited weight in my determination as submitting the following information other way around. to the appropriate sanction. collection request to the Office of As for the ALJ’s observation that Respondent kept Accordingly, I will order that Management and Budget (OMB) for receipt records that ‘‘showed the number of containers, the number of dosages in the containers, Respondent’s registration be suspended review and approval in accordance with and the strength of the dosages,’’ these records were outright for a period of one year. While the Paperwork Reduction Act of 1995. prepared by Respondent’s suppliers, see, e.g., RX Respondent testified that he no longer DATES: Comments are encouraged and 89, at 37–47; and Respondent is required to uses controlled substances during his maintain these records under the CSA and DEA will be accepted for 60 days until regulations. See 21 U.S.C. 827(a)(3); 21 CFR procedures, if, following termination of August 22, 2017. 1304.21(a); id. § 1304.22(c). Moreover, because I FOR FURTHER INFORMATION CONTACT: hold that the violation is based on his failure to number of units or volume of each container, and have a biennial inventory based on an actual count the drug strength, the fact that he had records If you have additional comments of the drugs on hand and not on the fact that his showing this information for the various receipts especially on the estimated public inventory did not list the number of containers, the does not mitigate the violation. burden or associated response time,

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suggestions, or need a copy of the questionnaires have been designed to DEPARTMENT OF JUSTICE proposed information collection collect feedback from National Academy instrument with instructions or graduates and their supervisors to Privacy Act of 1974; System of additional information, please contact determine the type of impact the Records Keith Shirley, Unit Chief, Evaluation National Academy program had on their AGENCY: Foreign Claims Settlement and Assessment Unit, Training Division, organization. The results are used to Commission, Department of Justice. FBI Academy, Federal Bureau of help determine if the National Academy ACTION: Notice of a new system of Investigation, Quantico, Virginia 22135. program is functioning as intended and records. SUPPLEMENTARY INFORMATION: Written meeting its goals and objectives. We will comments and suggestions from the utilize the students’ comments to SUMMARY: Pursuant to the Privacy Act of public and affected agencies concerning improve the current curriculum. 1974, the Foreign Claims Settlement the proposed collection of information 5. An estimate of the total number of Commission of the United States are encouraged. Your comments should respondents and the amount of time (Commission), Department of Justice, address one or more of the following estimated for an average respondent to proposes to establish a new system of four points: respond: Approximately 1,000 FBI records to enable the Commission to —Evaluate whether the proposed National Academy graduates per year carry out its statutory responsibility to collection of information is necessary will respond to two types of receive, examine, adjudicate and render for the proper performance of the questionnaires. (1) FBI National final decisions with respect to claims for functions of the Bureau of Justice Academy; End-of-Session Student compensation of individuals pursuant Statistics, including whether the Course Questionnaire and (2) FBI to the Guam World War II Loyalty information will have practical utility; National Academy: General Remarks Recognition Act. The system will —Evaluate the accuracy of the agency’s Questionnaire. It is predicted we will include documentation provided by the estimate of the burden of the receive a 75% response rate for both claimants as well as background proposed collection of information, questionnaires. Each student will material that will assist the Commission including the validity of the respond to seven Student Course in the processing of their claims. The methodology and assumptions used; questionnaires-one for each course they system will also include the final —Evaluate whether and if so how the completed. The average time for reading decision of the Commission regarding quality, utility, and clarity of the the questionnaire directions is estimated each claim. information to be collected can be to be two (2) minutes; the time to DATES: In accordance with 5 U.S.C. enhanced; and complete each questionnaire is 552a(e)(4) and (11), this system of —Minimize the burden of the collection estimated to be approximately 13 records notice is effective upon of information on those who are to minutes. Thus the total time to complete publication, with the exception of the respond, including through the use of one Student Course questionnaire 15 routine uses that are subject to a 30-day appropriate automated, electronic, minutes and 105 minutes for all seven period in which to comment, described mechanical, or other technological questionnaires. below. Therefore, please submit any collection techniques or other forms comments by July 24, 2017. For the FBI National Academy: of information technology, e.g., ADDRESSES: The public is invited to General Remarks Questionnaire, permitting electronic submission of submit any comments via email at students will respond to one responses. [email protected] or by mail to the questionnaire. The average time for Foreign Claims Settlement Commission, Overview of this information reading the questionnaire directions is collection: 600 E Street NW., Suite 6002, estimated to be two (2) minutes; the Washington, DC 20579. 1. Type of Information Collection: time to complete the questionnaire is FOR FURTHER INFORMATION CONTACT: Extension of a currently approved estimated to be approximately 10 Jeremy LaFrancois, Chief collection. minutes. Thus the total time to complete Administrative Counsel, Foreign Claims 2. The Title of the Form/Collection: the General Remarks Questionnaire is Settlement Commission, U.S. FBI National Academy Post—End-of- 12 minutes. Session Student Course Questionnaire— Department of Justice, 600 E Street NW., FBI National Academy: General 6. An estimate of the total public Suite 6002, Washington, DC 20579, or Remarks Questionnaire burden (in hours) associated with the by telephone at (202) 616–6975. 3. The agency form number, if any, collection: The estimated public burden SUPPLEMENTARY INFORMATION: On and the applicable component of the associated with this collection is 1462.5 December 23, 2016, President Obama Department sponsoring the collection: hours given that approximately 75% of signed into law the Guam World War II The form is unnumbered. The those surveyed (or 750) will respond. Loyalty Recognition Act, Title XVII, applicable component within the If additional information is required Public Law 114–328, 130 Stat. 2000, Training Division, Department of Justice contact: Melody Braswell, Department 2641–2647 (2016) (the ‘‘Guam Loyalty (DOJ), Federal Bureau of Investigation Clearance Officer, United States Recognition Act’’ or ‘‘Act’’). The Act (FBI) Department of Justice, Justice authorizes the Foreign Claims 4. Affected public who will be asked Management Division, Policy and Settlement Commission of the United or required to respond, as well as a brief Planning Staff, Two Constitution States (Commission) to adjudicate abstract: FBI National Academy Square, 145 N Street NE., 3E.405A, claims and determine the eligibility of students that represent state and local Washington, DC 20530. individuals for payments under the Act, police and sheriffs’ departments, in recognition of harms suffered by military police organizations, and Dated: June 20, 2017. residents of Guam as a result of the federal law enforcement agencies from Melody Braswell, occupation of Guam by Imperial the United States and over 150 foreign Department Clearance Officer for PRA, U.S. Japanese military forces during World nations. Department of Justice. War II. This collection is requested by the FBI [FR Doc. 2017–13177 Filed 6–22–17; 8:45 am] The system of records covered by this National Academy. These BILLING CODE 4410–02–P notice is necessary for the Commission’s

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adjudication of claims under the Act. RECORD SOURCE CATEGORIES: regulations; or facilitating These records shall form the basis upon Claimant on whom the record is communications with a former which the Commission will determine maintained. employee that may be necessary for an individual’s eligibility for and personnel-related or other official amount of compensation. ROUTINE USES OF RECORDS MAINTAINED IN THE purposes where the Commission SYSTEM, INCLUDING CATEGORIES OF USERS AND requires information and/or In accordance with 5 U.S.C. 552a(r), PURPOSES OF SUCH USES: the Commission has provided a report consultation from the former employee In addition to those disclosures regarding a matter within that person’s to OMB and the Congress on the new generally permitted under 5 U.S.C. system of records. former area of responsibility; 552a(b), all or a portion of the records g. To the National Archives and Jeremy R. LaFrancois, contained in this system of records may Records Administration for purposes of Chief Administrative Counsel. be disclosed as a routine use pursuant records management inspections to 5 U.S.C. 552a(b)(3) under the conducted under the authority of 44 SYSTEM NAME AND NUMBER: circumstances or for the purposes U.S.C. 2904 and 2906; Claims Arising under the Guam described below, to the extent such h. To appropriate agencies, entities, World War II Loyalty Recognition Act, disclosures are compatible with the and persons when (1) the Commission JUSTICE/FCSC–32. purposes for which the information was suspects or has confirmed that there has collected. been a breach of the system of records; SECURITY CLASSIFICATION: a. Upon the issuance of a final (2) the Commission has determined that Unclassified. decision awarding compensation, the as a result of the suspected or confirmed Commission will certify its decision and breach there is a risk of harm to the SYSTEM LOCATION: other necessary personal information to individuals, the Commission (including Offices of the Foreign Claims the Department of the Treasury in order its information systems, programs, and Settlement Commission, 600 E Street to process payment of the claim. operations), the Federal Government, or NW., Suite 6002, Washington, DC b. To contractors, grantees, experts, national security; and (3) the disclosure 20579. consultants, students, and others made to such agencies, entities, and performing or working on a contract, persons is reasonably necessary to assist SYSTEM MANAGER(S): service, grant, cooperative agreement, or in connection with the Commission’s Chief Administrative Counsel, other assignment for the federal efforts to respond to the suspected or Foreign Claims Settlement Commission, government, when necessary to confirmed breach or to prevent, 600 E Street NW., Suite 6002, accomplish a Commission function minimize, or remedy such harm; Washington, DC 20579. Telephone: related to this system of records; i. To another Federal agency or (202) 616–6975. Fax: (202) 616–6993. c. To a Member of Congress or staff Federal entity, when the Commission Email [email protected]. acting upon the Member’s behalf when determines that information from this the Member or staff requests the system of records is reasonably AUTHORITY FOR MAINTENANCE OF THE SYSTEM: information on behalf of, and at the necessary to assist the recipient agency Authority to establish and maintain request of, the individual who is the or entity in (1) responding to a this system is contained in 5 U.S.C. 301 subject of the record; suspected or confirmed breach or (2) and 44 U.S.C. 3101, which authorize the d. Where a record, either alone or in preventing, minimizing, or remedying Chairman of the Commission to create conjunction with other information, the risk of harm to individuals, the and maintain federal records of agency indicates a violation or potential recipient agency or entity (including its activities, and is further described in 22 violation of law—criminal, civil, or information systems, programs, and U.S.C. 1622e, which vests all non- regulatory in nature—the relevant operations), the Federal Government, or adjudicatory functions, powers and records may be referred to the national security, resulting from a duties in the Chairman of the appropriate federal, state, local, suspected or confirmed breach; Commission. territorial, tribal, or foreign law j. To such recipients and under such enforcement authority or other circumstances and procedures as are PURPOSE(S) OF THE SYSTEM: appropriate entity charged with the mandated by federal statute or treaty. To enable the Commission to carry responsibility for investigating or out its statutory responsibility to prosecuting such violation or charged POLICIES AND PRACTICES FOR STORAGE OF determine the validity and amount of with enforcing or implementing such RECORDS: claims arising under the Guam World law; Paper records maintained in file War II Loyalty Recognition Act. e. In an appropriate proceeding before folders at the Commission’s office and the Commission, or before a court, grand electronic records located on the CATEGORIES OF INDIVIDUALS COVERED BY THE jury, or administrative or adjudicative Commission’s Server. SYSTEM: body, when the Department of Justice POLICIES AND PRACTICES FOR RETRIEVAL OF Individuals who file claims pursuant and/or the Commission determines that RECORDS: to the Guam World War II Loyalty the records are arguably relevant to the Records maintained in this system of Recognition Act. proceeding; or in an appropriate records will be retrieved by claim proceeding before an administrative or CATEGORIES OF RECORDS IN THE SYSTEM: number and/or decision number. An adjudicative body when the adjudicator alphabetical index may be used by the Claim information, including name determines the records to be relevant to Commission for identification of a claim and address of claimant and the proceeding; by claimants’ name. representative, if any; date and place of f. To a former employee of the birth or naturalization; nature of claim; Commission for purposes of: POLICIES AND PRACTICES FOR RETENTION AND description of loss or injury including Responding to an official inquiry by a DISPOSAL OF RECORDS: medical records; and other evidence federal, state, or local government entity Records are maintained under 5 establishing entitlement to or professional licensing authority, in U.S.C. 301. The Commission has compensation. accordance with applicable Commission submitted a record schedule, schedule

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no. DAA–0299–2017–0001, to the to the individual within ten (10) days of government issued identification; and National Archives and Records receipt of the request (excluding (3) Any individual requesting access to Administration for review. Saturdays, Sundays, and legal holidays). records or information pertaining to himself or herself may be accompanied ADMINISTRATIVE, TECHNICAL, AND PHYSICAL CONTESTING RECORD PROCEDURES: by a person of the individual’s own SAFEGUARDS: (a) Any individual may request choosing while reviewing the records or Paper records are under security amendment of a record pertaining to information. If an individual elects to be safeguards at the Commission’s office. himself or herself according to the so accompanied, advance notification of Such safeguards include storage in a procedure in paragraph (b) of this the election will be required along with central location within a limited access section, except in the case of records a written statement authorizing building and a further limited access described under paragraph (d) of this disclosure and discussion of the record suite. Accordingly, access is limited to section. (b) After inspection by an in the presence of the accompanying Commission employees and contractors individual of a record pertaining to person at any time, including the time with appropriate security clearances. himself or herself, the individual may access is granted. (b) Any individual The electronic records are safeguarded file a written request, presented in making a request for access to records or by the DOJ JCON security procedures. person or by mail, with the information pertaining to himself or Access to the Commission’s data Administrative Officer, for an herself by mail must address the request requires a password and is limited to amendment to a record. The request to the Privacy Officer, Foreign Claims Commission employees and contractors must specify the particular portions of Settlement Commission, 600 E Street with appropriate security clearances. the record to be amended, the desired NW., Room 6002, Washington, DC amendments and the reasons therefor. RECORD ACCESS PROCEDURES: 20579, and must provide information (c) Not later than ten (10) days acceptable to the Commission to verify The Commission’s record access (excluding Saturdays, Sundays, and procedures are set forth in 45 CFR the individual’s identity. (c) Responses legal holidays) after the receipt of a to requests under this section normally 503.5. That section provides that (a) request made in accordance with this Any individual requesting access to a will be made within ten (10) days of section to amend a record in whole or receipt (excluding Saturdays, Sundays, record or information on himself or in part, the Administrative Officer will: herself in person must appear at the and legal holidays). If it is not possible (1) Make any correction of any portion to respond to requests within that offices of the Foreign Claims Settlement of the record which the individual Commission, 600 E Street NW., Room period, an acknowledgment will be sent believes is not accurate, relevant, timely to the individual within ten (10) days of 6002, Washington, DC, between the or complete and thereafter inform the hours of 9 a.m. and 5:00 p.m., Monday receipt of the request (excluding individual of such correction; or (2) Saturdays, Sundays, and legal holidays). through Friday, and (1) Provide Inform the individual, by certified mail information sufficient to identify the return receipt requested, of the refusal EXEMPTIONS CLAIMED FOR THE SYSTEM: record, e.g., the individual’s own name, to amend the record, setting forth the None. claim and decision number, date and reasons therefor, and notify the place of birth, etc.; (2) Provide individual of the right to appeal that HISTORY: identification sufficient to verify the determination as provided under 45 None. individual’s identity, e.g., driver’s CFR 503.8. (d) The provisions for license, Medicare card, or other [FR Doc. 2017–13094 Filed 6–22–17; 8:45 am] amending records do not apply to BILLING CODE 4410–BA–P government issued identification; and evidence presented in the course of (3) Any individual requesting access to Commission proceedings in the records or information pertaining to adjudication of claims, nor do they DEPARTMENT OF JUSTICE himself or herself may be accompanied permit collateral attack upon what has by a person of the individual’s own already been subject to final agency [OMB Number 1121—NEW] choosing while reviewing the records or action in the adjudication of claims in information. If an individual elects to be programs previously completed by the Agency Information Collection so accompanied, advance notification of Commission pursuant to statutory time Activities; Proposed eCollection; the election will be required along with limitations. eComments Requested Generic a written statement authorizing Clearance for Cognitive, Pilot, and NOTIFICATION PROCEDURES: disclosure and discussion of the record Field Studies for Office of Juvenile in the presence of the accompanying The Commission’s notification Justice and Delinquency Prevention person at any time, including the time procedures are set forth in 45 CFR Data Collection Activities access is granted. (b) Any individual 503.5. That section provides that (a) making a request for access to records or Any individual requesting access to a AGENCY: Office of Justice Programs, information pertaining to himself or record or information on himself or Department of Justice. herself by mail must address the request herself in person must appear at the ACTION: 30-day notice. to the Privacy Officer, Foreign Claims offices of the Foreign Claims Settlement Settlement Commission, 600 E Street Commission, 600 E Street NW., Room SUMMARY: Department of Justice (DOJ), NW., Room 6002, Washington, DC 6002, Washington, DC, between the Office of Justice Programs, Office of 20579, and must provide information hours of 9 a.m. and 5:00 p.m., Monday Juvenile Justice and Delinquency acceptable to the Commission to verify through Friday, and (1) Provide Prevention (OJJDP) will be submitting the individual’s identity. (c) Responses information sufficient to identify the the following information collection to requests under this section normally record, e.g., the individual’s own name, request to the Office of Management and will be made within ten (10) days of claim and decision number, date and Budget (OMB) for review and approval receipt (excluding Saturdays, Sundays, place of birth, etc.; (2) Provide in accordance with the Paperwork and legal holidays). If it is not possible identification sufficient to verify the Reduction Act of 1995. This proposed to respond to requests within that individual’s identity, e.g., driver’s information collection was previously period, an acknowledgment will be sent license, Medicare card, or other published in the Federal Register April

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18, 2017, allowing for a 60 day comment (4) Affected public who will be asked Dated: June 20, 2017. period. or required to respond, as well as a brief Melody Braswell, DATES: Comments are encourages and abstract: Primary: The proposed Department Clearance Officer for PRA, U.S. will be accepted for an additional 30 information collection activity will Department of Justice. day until July 24, 2017. enable OJJDP to develop, test, and [FR Doc. 2017–13155 Filed 6–22–17; 8:45 am] improve its survey and data collection FOR FURTHER INFORMATION CONTACT: BILLING CODE 4410–18–P instruments and methodologies. OJJDP Written comments and/or suggestions will engage in cognitive, pilot, and field regarding the items contained in this test activities t25o inform its data DEPARTMENT OF LABOR notice, especially the estimated public collection efforts and to minimize burden and associated response time, respondent burden associated with each should be directed to Office of Juvenile Office of Workers’ Compensation new or modified data collection. OJJDP Programs Justice and Delinquency Prevention, anticipates using a variety of procedures Office of Justice Programs, U.S. including, but not limited to, tests of Advisory Board on Toxic Substances Department of Justice, 810 Seventh various types of survey and data and Worker Health; Notice of Advisory Street NW., Washington, DC 20531. collection operations, focus groups, Board Charter Renewal Written comments and/or suggestions cognitive laboratory activities, pilot can also be sent to the Office of testing, field testing, exploratory AGENCY: Office of Workers’ Management and Budget, Office of interviews, experiments with Compensation Programs Information and Regulatory Affairs, questionnaire design, and usability ACTION: Notice. Attention Department of Justice Desk testing of electronic data collection In accordance with the National Officer, Washington, DC 20503 or sent instruments. Following standard Office _ Defense Authorization Act (NDAA) of to OIRA [email protected]. of Management and Budget (OMB) 2015, Executive Order 13699 (June 26, SUPPLEMENTARY INFORMATION: Written requirements, OJJDP will submit an 2015), and the provisions of the Federal comments and suggestions from the individual request to OMB for every Advisory Committee Act (FACA), as public and affected agencies concerning group of data collection activities amended (5 U.S.C. App. 2) and its the proposed collection of information undertaken under this generic implementing regulations issued by the are encouraged. Your comments should clearance. OJJDP will provide OMB with General Services Administration (GSA), address one or more of the following a copy of the individual instruments or the Advisory Board on Toxic Substances four points: questionnaires (if one is used), as well as other materials describing the project. and Worker Health was established on —Evaluate whether the proposed July 2, 2015. Pursuant to FACA, Section collection of information is necessary Currently, OJJDP anticipates the need to conduct testing and development work 14(b)(2), the Secretary of Labor has for the proper performance of the renewed the Charter for two years. functions of the agency, including that will include the collection of information from law enforcement The Charter renewal allows the whether the information will have Advisory Board on Toxic Substances practical utility; agencies, child welfare agencies, courts, probation supervision offices, and the and Worker Health (Board) to continue —Evaluate the accuracy of the agencies its operations. The Board advises the estimate of the burden of the state agencies, local governments, non- profit organizations, and for-profit Secretary of Labor (Secretary) with proposed collection of information, respect to: (1) The Site Exposure including the validity of the organizations that operate juvenile residential placement facilities. Matrices (SEM) of the Department of methodology and assumptions used; (5) An estimate of the total number of Labor; (2) medical guidance for claims —Enhance the quality, utility, and respondents and the amount of time examiners for claims with the EEOICPA clarity of the information to be estimated for an average respondent to program, with respect to the weighing of collected; and respond/reply: It is estimated that the medical evidence of claimants; (3) —Minimize the burden of the collection approximately 2,500 respondents will evidentiary requirements for claims of information on those who are to be involved in the anticipated cognitive, under Part B of EEOICPA related to lung respond, including through the use of pilot, and field testing work over the 3- disease; and (4) the work of industrial appropriate automated, electronic, year clearance period. Specific estimates hygienists and staff physicians and mechanical, or other technological for the average response time are not consulting physicians of the Department collection techniques or other forms known for development work covered of Labor and reports of such hygienists of information technology, e.g., under a generic clearance. Estimates of and physicians to ensure quality, permitting electronic submission of overall burden are included in item 6 objectivity, and consistency. The Board, responses. below. when necessary, coordinates exchanges Overview of This Information (6) An estimate of the total public of data and findings with the Collection burden (in hours) associated with the Department of Health and Human collection: The estimated public burden Services’ Advisory Board on Radiation (1) Type of Information Collection: for identified and future projects and Worker Health. New collection. covered under this generic clearance Membership of the Board currently (2) Title of the Form/Collection: over the 3-year clearance period is consists of 15 members appointed by Generic clearance for cognitive, pilot, approximately 5,000 hours. the Secretary, who also appointed a and field studies for Office of Juvenile If additional information is required Chair. Public Law 106–398, Section Justice and Delinquency Prevention data contact: Melody Braswell, Department 3687(a)(3). Pursuant to Section collection activities. Clearance Officer, United States 3687(a)(2), membership is balanced and (3) Agency form number, if any, and Department of Justice, Justice includes members from the scientific, the applicable component of the Management Division, Policy and medical and claimant communities. The Department sponsoring the collection: Planning Staff, Two Constitution members serve two-year terms. At the Agency form number: Not applicable Square, 145 N Street NE., 3E.405A, discretion of the Secretary, members (new collection). Washington, DC 20530. may be appointed to successive terms or

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removed at any time. The Board meets Commission and its meetings can be Dated: June 20, 2017. no less than twice per year. found on ONDCP’s Web site at https:// Michael Passante, The Board reports to the Secretary of www.whitehouse.gov/ondcp/presidents- Acting General Counsel, Designated Federal Labor. As specified in Section 3687(i), commission. Any member of the public Officer. the Board shall terminate five (5) years wishing to obtain information about the [FR Doc. 2017–13183 Filed 6–22–17; 8:45 am] after the date of the enactment of the Commission or its meetings that is not BILLING CODE 3280–F5–P NDAA, which was December 19, 2014. already on ONDCP’s Web site or who Thus, the Board shall terminate on wishes to submit written comments for December 19, 2019. the Commission’s consideration may NATIONAL FOUNDATION ON THE Electronic copies of this Federal contact Michael Passante, Designated ARTS AND THE HUMANITIES Register notice are available at http:// Federal Officer (DFO) via email at www.regulations.gov. This notice, as [email protected] or National Endowment for the Arts well as news releases and other relevant telephone at (202) 395–6709. Please information, are also available on the note that ONDCP may post such written Submission for OMB Review; Advisory Board’s Web page at http:// comments publicly on our Web site, Comment Request www.dol.gov/owcp/energy/regs/ including names and contact The National Endowment for the Arts compliance/AdvisoryBoard.htm. information that are submitted. (NEA) has submitted the following You may contact Douglas Fitzgerald, SUPPLEMENTARY INFORMATION: The public information collection request Designated Federal Officer, at Commission was established in (ICR) to the Office of Management and [email protected], or Carrie accordance with E.O. 13784 of March Budget (OMB) for review and approval Rhoads, Alternate Designated Federal 29, 2017, the Commission’s charter, and in accordance with the Paperwork Officer, at [email protected], U.S. the provisions of the Federal Advisory Reduction Act of 1995: Applications Department of Labor, 200 Constitution Committee Act (FACA), as amended, 5 from students for Agency Initiatives Avenue NW., Suite S–3524, U.S.C. App. 2, to obtain advice and Poetry Out Loud or the Musical Theater Washington, DC 20210, telephone (202) recommendations for the President Songwriting Challenge for High School 343–5580. regarding drug issues. The Executive Students. Copies of this ICR, with This is not a toll-free number. Order, charter, and information on the Members of the Commission are applicable supporting documentation, Signed at Washington, DC, this 16th day of may be obtained by visiting June, 2017. available on ONDCP’s Web site. The Commission will function solely as an www.Reginfo.gov. Gary Steinberg, Comments should be sent to the advisory body and will make Deputy Director, Office of Workers’ Office of Information and Regulatory recommendations regarding policies Compensation Programs. Affairs, Attn: OMB Desk Officer for the and practices for combating drug [FR Doc. 2017–13202 Filed 6–22–17; 8:45 am] addiction with particular focus on the National Endowment for the Arts, Office BILLING CODE 4510–24–P current opioid crisis in the United of Management and Budget, Room States. The Commission’s final report is 10235, Washington, DC 20503, 202/395– due October 1, 2017 unless there is an 7316, within 30 days from the date of EXECUTIVE OFFICE OF THE extension. Per E.O. 13784, the this publication in the Federal Register. The Office of Management and Budget PRESIDENT Commission shall: a. Identify and describe the existing (OMB) is particularly interested in Office of National Drug Control Policy Federal funding used to combat drug comments which: • Evaluate whether the proposed Cancellation Notification of the Public addiction and the opioid crisis; b. assess the availability and collection of information is necessary Teleconference of the President’s accessibility of drug addiction treatment for the proper performance of the Commission on Combating Drug services and overdose reversal functions of the agency, including Addiction and the Opioid Crisis throughout the country and identify whether the information will have (Commission) areas that are underserved; practical utility; • Evaluate the accuracy of the AGENCY: Office of National Drug Control c. identify and report on best practices agency’s estimate of the burden of the Policy (ONDCP). for addiction prevention, including healthcare provider education and proposed collection of information ACTION: Notice of cancellation of evaluation of prescription practices, including the validity of the teleconference. collaboration between State and Federal methodology and assumptions used; • Enhance the quality, utility, and SUMMARY: ONDCP is issuing this notice officials, and the use and effectiveness clarity of the information to be to advise the public that the of State prescription drug monitoring programs; collected; and Commission is cancelling the • Could help minimize the burden of teleconference of the President’s d. review the literature evaluating the effectiveness of educational messages the collection of information on those Commission on Combating Drug who are to respond, including through Addiction and the Opioid Crisis that for youth and adults with respect to prescription and illicit opioids; the use of electronic submission of was previously scheduled for Monday, responses through Grants.gov. June 26th at 4 p.m. EST. Please check e. identify and evaluate existing SUPPLEMENTARY INFORMATION: the Commission’s Web site or future Federal programs to prevent and treat The Federal Register notices for information drug addiction for their scope and National Endowment for the Arts about when this meeting will be effectiveness, and make requests the review of applications from rescheduled. recommendations for improving these students for Agency Initiatives Poetry programs; and; Out Loud or the Musical Theater DATES: The cancellation is effective on f. make recommendations to the Songwriting Challenge for High School June 20, 2017. President for improving the Federal Students. This entry is issued by the FOR FURTHER INFORMATION CONTACT: response to drug addiction and the National Endowment for the Arts and General information concerning the opioid crisis. contains the following information: (1)

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The title of the form; (2) how often the below, which Items have been prepared NASDAQ PHLX LLC, The NASDAQ required information must be reported; by the Exchange. The Commission is Stock Market LLC, New York Stock (3) who will be required or asked to publishing this notice to solicit Exchange LLC, NYSE MKT LLC, NYSE report; (4) what the form will be used comments on the proposed rule change Arca, Inc. and NYSE National, Inc.5 for; (5) an estimate of the number of from interested persons. (collectively, the ‘‘Participants’’) filed with the Commission, pursuant to responses; (6) the average burden hours I. Self-Regulatory Organization’s Section 11A of the Exchange Act 6 and per response; (7) an estimate of the total Statement of the Terms of Substance of Rule 608 of Regulation NMS number of hours needed to prepare the the Proposed Rule Change form. This entry is not subject to 44 thereunder,7 the National Market U.S.C. 3504(h). The Exchange proposes to adopt Rule System Plan Governing the Agency: National Endowment for the 912 (Consolidated Audit Trail—Fee Consolidated Audit Trail (the ‘‘CAT Arts. Dispute Resolution) to establish the NMS Plan’’ or ‘‘Plan’’).8 The Title: Applications from students for procedures for resolving potential Participants filed the Plan to comply Agency Initiatives Poetry Out Loud or disputes related to CAT Fees charged to with Rule 613 of Regulation NMS under the Musical Theater Songwriting Industry Members.3 the Exchange Act. The Plan was Challenge for High School Students. The text of the proposed rule change published for comment in the Federal OMB Number: N/A. is available on the Exchange’s Web site Register on May 17, 2016,9 and Frequency: Annually. at http://ise.cchwallstreet.com/, at the approved by the Commission, as Affected Public: Individuals. principal office of the Exchange, and at modified, on November 15, 2016.10 The Estimated Number of Respondents: the Commission’s Public Reference Plan is designed to create, implement 200. Room. and maintain a consolidated audit trail Estimated Time per Respondent: 1 II. Self-Regulatory Organization’s (‘‘CAT’’) that would capture customer hour. Statement of the Purpose of, and and order event information for orders Total Burden Hours: 200. Statutory Basis for, the Proposed Rule in NMS Securities and OTC Equity Total Annualized Capital/Startup Change Securities, across all markets, from the Costs: 0. time of order inception through routing, Total Annual Costs (Operating/ In its filing with the Commission, the cancellation, modification, or execution Maintaining Systems or Purchasing Exchange included statements in a single consolidated data source. Services): 0. concerning the purpose of and basis for The Plan accomplishes this by creating Description: The Application Form, the proposed rule change and discussed CAT NMS, LLC (the ‘‘Company’’), of for which clearance is requested, is used any comments it received on the which each Participant is a member, to to gather basic information from youth proposed rule change. The text of these operate the CAT.11 Under the CAT NMS applying to Agency Initiatives Poetry statements may be examined at the Plan, the Operating Committee of the Out Loud or the Musical Theater places specified in Item IV below. The Company (‘‘Operating Committee’’) has Songwriting Challenge for High School Exchange has prepared summaries, set discretion to establish funding for the Students. Information is needed to forth in sections A, B, and C below, of Company to operate the CAT, including verify eligibility for the program and to the most significant aspects of such establishing fees that the Participants facilitate judging of the entries. statements. will pay, and establishing fees for A. Self-Regulatory Organization’s Industry Members that will be Jillian Miller, Statement of the Purpose of, and implemented by the Participants (‘‘CAT Director, Office of Guidelines and Panel Statutory Basis for, the Proposed Rule Fees’’).12 The Participants are required Operations, National Endowment for the Arts. Change to file with the SEC under Section 19(b) [FR Doc. 2017–13175 Filed 6–22–17; 8:45 am] of the Exchange Act any such CAT Fees BILLING CODE 7537–01–P 1. Purpose applicable to Industry Members that the Bats BYX Exchange, Inc., Bats BZX Operating Committee approves.13 Exchange, Inc., Bats EDGA Exchange, Accordingly, the Exchange has filed a SECURITIES AND EXCHANGE Inc., Bats EDGX Exchange, Inc., BOX proposed rule change with the SEC to COMMISSION Options Exchange LLC, C2 Options Release No. 80325 (March 29, 2017), 82 FR 16445 [Release No. 34–80971; File No. SR–ISE– Exchange, Incorporated, Chicago Board Options Exchange, Incorporated, (April 4, 2017). 2017–52] 5 National Stock Exchange, Inc. has been renamed Chicago Stock Exchange, Inc., Financial NYSE National, Inc. See Securities Exchange Act Self-Regulatory Organizations; Nasdaq Industry Regulatory Authority, Inc. Release No. 79902 (January 30, 2017), 82 FR 9258 ISE, LLC; Notice of Filing of a (‘‘FINRA’’), Investors’ Exchange LLC, (February 3, 2017). Proposed Rule Change To Adopt Rule Miami International Securities 6 15 U.S.C. 78k–1. Exchange, LLC, MIAX PEARL, LLC, 7 17 CFR 242.608. 912 8 NASDAQ BX, Inc., Nasdaq GEMX, LLC, See Letter from the Participants to Brent J. June 19, 2017. Fields, Secretary, Commission, dated September 30, Nasdaq ISE, LLC, Nasdaq MRX, LLC,4 2014; and Letter from Participants to Brent J. Fields, Pursuant to Section 19(b)(1) of the Secretary, Commission, dated February 27, 2015. Securities Exchange Act of 1934 (‘‘Act’’ 3 Unless otherwise specified, capitalized terms On December 24, 2015, the Participants submitted or ‘‘Exchange Act’’),1 and Rule 19b–4 used in this rule filing are defined as set forth an amendment to the CAT NMS Plan. See Letter from Participants to Brent J. Fields, Secretary, thereunder,2 notice is hereby given that herein, or in the Consolidated Audit Trail Funding Fees Rule, the CAT Compliance Rule Series or in Commission, dated December 23, 2015. on June 9, 2017, Nasdaq ISE, LLC (‘‘ISE’’ the CAT NMS Plan. 9 Securities Exchange Act Release No. 77724 or ‘‘Exchange’’) filed with the Securities 4 ISE Gemini, LLC, ISE Mercury, LLC and (April 27, 2016), 81 FR 30614 (May 17, 2016). 10 and Exchange Commission (‘‘SEC’’ or International Securities Exchange, LLC have been Securities Exchange Act Rel. No. 79318 ‘‘Commission’’) the proposed rule renamed Nasdaq GEMX, LLC, Nasdaq MRX, LLC, (November 15, 2016), 81 FR 84696 (November 23, and Nasdaq ISE, LLC, respectively. See Securities 2016) (‘‘Approval Order’’). change as described in Items I and II, 11 Exchange Act Release No. 80248 (March 15, 2017), The Plan also serves as the limited liability 82 FR 14547 (March 21, 2017); Securities Exchange company agreement for the Company. 1 15 U.S.C. 78s(b)(1). Act Release No. 80326 (March 29, 2017), 82 FR 12 Section 11.1(b) of the CAT NMS Plan. 2 17 CFR 240.19b–4. 16460 (April 4, 2017); and Securities Exchange Act 13 Id.

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adopt the Consolidated Audit Trail Operating Committee, of the CAT NMS to these Procedures. This Subcommittee Funding Fees, which will require Plan, pursuant to the Fee Dispute will be referred to as the Fee Review Industry Members that are Exchange Resolution Procedures adopted Subcommittee. The members of the Fee members to pay the CAT Fees pursuant to the CAT NMS Plan and set Review Subcommittee will be subject to determined by the Operating forth in paragraph (c) of Proposed Rule the provisions of Section 4.3(d) of the Committee.14 The Exchange submits 912. Decisions on such matters shall be CAT NMS Plan regarding recusal and this rule filing to adopt Rule 912 binding on Industry Members, without Conflicts of Interest. The Fee Review (Consolidated Audit Trail—Fee Dispute prejudice to the rights of any such Subcommittee will keep a record of the Resolution) to establish the procedures Industry Member to seek redress from proceedings. for resolving potential disputes related the SEC or in any other appropriate The Fee Review Subcommittee will to CAT Fees charged to Industry forum. hold hearings promptly. The Fee Members. The proposed rules are The Operating Committee has Review Subcommittee will set a hearing described below. adopted ‘‘Fee Dispute Resolution date. The parties to the hearing shall Procedures’’ governing the manner in furnish the Fee Review Subcommittee (1) Definitions which disputes regarding CAT Fees with all materials relevant to the Paragraph (a) of Proposed Rule 912 charged pursuant to the Consolidated proceedings at least 72 hours prior to sets forth the definitions for Proposed Audit Trail Funding Fees will be the date of the hearing. Each party will Rule 912. Paragraph (a)(1) of Proposed addressed. These Fee Dispute have the right to inspect and copy the Rule 912 states that, for purposes of Resolution Procedures, as they relate to other party’s materials prior to the Rule 912, the terms ‘‘CAT NMS Plan’’, Industry Members, are set forth in hearing. ‘‘Industry Member’’, ‘‘Operating paragraph (c) of Proposed Rule 912. The parties to the hearing will consist Committee’’, and ‘‘Participant’’ are Specifically, the Fee Dispute Resolution of the applicant and a representative of defined as set forth in the Rule 900 Procedures provide the procedure for the Company who shall present the (Consolidated Audit Trail—Definitions), Industry Members that dispute CAT reasons for the action taken by the and the term ‘‘CAT Fee’’ is defined as Fees charged to such Industry Member Company that allegedly aggrieved the set forth in the Consolidated Audit Trail pursuant to one or more of the applicant. The applicant is entitled to be Funding Fees. In addition, the Exchange Participants’ Consolidated Audit Trail accompanied, represented and advised proposes to add paragraph (a)(2) to Funding Fees Rules, including disputes by counsel at all stages of the Proposed Rule 912. New paragraph related to the designated tier and the fee proceedings. The Fee Review Subcommittee will (a)(2) would define the term calculated pursuant to such tier, to determine all questions concerning the ‘‘Subcommittee’’ to mean a apply for an opportunity to be heard admissibility of evidence and will subcommittee designated by the and to have the CAT Fees charged to otherwise regulate the conduct of the Operating Committee pursuant to the such Industry Member reviewed. The hearing. Each of the parties will be CAT NMS Plan. This definition is the Procedures are modeled after the same substantive definition as set forth permitted to make an opening adverse action procedures adopted by statement, present witnesses and in Section 1.1 of the CAT NMS Plan. 15 various exchanges, and will be posted documentary evidence, cross examine (2) Fee Dispute Resolution on the Web site for the CAT NMS Plan opposing witnesses and present closing Web site.16 Section 11.5 of the CAT NMS Plan arguments orally or in writing as Under these Procedures, an Industry determined by the Fee Review requires Participants to adopt rules Member that disputes CAT Fees charged requiring that disputes with respect to Subcommittee. The Fee Review to such Industry Member and that Subcommittee also will have the right to fees charged to Industry Members desires to have an opportunity to be pursuant to the CAT NMS Plan be question all parties and witnesses to the heard with respect to such disputed proceeding. The Fee Review determined by the Operating Committee CAT Fees must file a written application or Subcommittee. Section 11.5 of the Subcommittee must keep a record of the with the Company within 15 business hearing. The formal rules of evidence CAT NMS Plan also states that decisions days after being notified of such by the Operating Committee or will not apply. disputed CAT Fees. The application The Fee Review Subcommittee must Subcommittee on such matters shall be must identify the disputed CAT Fees, binding on Industry Members, without set forth its decision in writing and send state the specific reasons why the the written decision to the parties to the prejudice to the right of any Industry applicant takes exception to such CAT Member to seek redress from the SEC proceeding. Such decisions will contain Fees, and set forth the relief sought. In the reasons supporting the conclusions pursuant to SEC Rule 608 or in any addition, if the applicant intends to other appropriate forum. The Exchange of the Fee Review Subcommittee. submit any additional documents, The decision of the Fee Review proposes to adopt paragraph (b) of statements, arguments or other material Subcommittee will be subject to review Proposed Rule 912. Paragraph (b) of in support of the application, the same by the Operating Committee either on Proposed Rule 912 states that disputes should be so stated and identified. its own motion within 20 business days initiated by an Industry Member with The Company will refer applications after issuance of the decision or upon respect to CAT Fees charged to such for hearing and review promptly to the written request submitted by the Industry Member pursuant to the Subcommittee designated by the applicant within 15 business days after Consolidated Audit Trail Funding Fees, Operating Committee pursuant to issuance of the decision. The applicant’s including disputes related to the Section 4.12 of the CAT NMS Plan with petition must be in writing and must designated tier and the fee calculated responsibility for conducting the specify the findings and conclusions to pursuant to such tier, shall be resolved reviews of CAT Fee disputes pursuant which the applicant objects, together by the Operating Committee, or a with the reasons for such objections. Subcommittee designated by the 15 See, e.g., Chapter X of BATS BZX Exchange, Any objection to a decision not Inc. (Adverse Action); and Chapter X of NYSE 14 See Securities Exchange Act Release No. 80715 National, Inc. (Adverse Action). specified in writing will be considered (May 18, 2017), 82 FR 23895 (May 24, 2017) (SR– 16 The CAT NMS Plan Web site is to have been abandoned and may be ISE–2017–45). www.catnmsplan.com. disregarded. Parties may petition to

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submit a written argument to the purposes, the disputed CAT Fees means believes that this proposal furthers the Operating Committee and may request the amount of the invoiced CAT Fees objectives of the Plan, as identified by an opportunity to make an oral that the Industry Member has asserted the SEC, and is therefore consistent with argument before the Operating pursuant to these Procedures that such the Act. Committee. The Operating Committee Industry Member does not owe to the will have sole discretion to grant or Company. The Industry Member must B. Self-Regulatory Organization’s deny either request. pay any invoiced CAT Fees that are not Statement on Burden on Competition The Operating Committee will disputed CAT Fees when due as set Section 6(b)(8) of the Act 20 requires conduct the review. The review will be forth in the original invoice. that Exchange rules not impose any made upon the record and will be made Once the dispute regarding CAT Fees burden on competition that is not after such further proceedings, if any, as is resolved pursuant to these necessary or appropriate. The Exchange the Operating Committee may order. Procedures, if it is determined that the Based upon such record, the Operating Industry Member owes any of the does not believe that the proposed rule Committee may affirm, reverse or disputed CAT Fees, then the Industry change will impose any burden on modify, in whole or in part, the decision Member must pay such disputed CAT competition not necessary or of the Fee Review Subcommittee. The Fees that are owed as well as interest on appropriate in furtherance of the decision of the Operating Committee such disputed CAT Fees from the purposes of the Act. The Exchange notes will be in writing, will be sent to the original due date (that is, 30 days after that the proposed rule change parties to the proceeding and will be receipt of the original invoice of such implements Section 11.5 of the CAT final. CAT Fees) until such disputed CAT NMS Plan approved by the Commission, The Procedures state that a final Fees are paid at a per annum rate equal and is designed to assist the Exchange decision regarding the disputed CAT to the lesser of (i) the Prime Rate plus in meeting its regulatory obligations Fees by the Operating Committee, or the 300 basis points, or (ii) the maximum pursuant to the Plan. Similarly, all Fee Review Subcommittee (if there is no rate permitted by applicable law. national securities exchanges and review by the Operating Committee), FINRA are proposing this proposed rule must be provided within 90 days of the 2. Statutory Basis to implement the requirements of the date on which the Industry Member The Exchange believes that the CAT NMS Plan. Therefore, this is not a filed a written application regarding proposed rule change is consistent with competitive rule filing and, therefore, it disputed CAT Fees with the Company. the provisions of Section 6(b)(5) of the does not raise competition issues The Operating Committee may extend Act,17 which requires, among other between and among the exchanges and the 90-day time limit at its discretion. things, that the Exchange rules must be FINRA. In addition, the Procedures state that designed to prevent fraudulent and any notices or other documents may be manipulative acts and practices, to C. Self-Regulatory Organization’s served upon the applicant either promote just and equitable principles of Statement on Comments on the personally or by leaving the same at its, trade, and, in general, to protect Proposed Rule Change Received From his or her place of business or by investors and the public interest, and Members, Participants, or Others deposit in the United States post office, not designed to permit unfair No written comments were either postage prepaid, by registered or discrimination between customers, solicited or received. certified mail, addressed to the issuers, brokers and dealer [sic], and applicant at its, his or her last known Section 6(b)(4) of the Act,18 which III. Date of Effectiveness of the business or residence address. The requires that Exchange rules provide for Proposed Rule Change and Timing for Procedures also state that any time the equitable allocation of reasonable Commission Action limits imposed under the Procedures for dues, fees, and other charges among the submission of answers, petitions or members and issuers and other persons Within 45 days of the date of other materials may be extended by using its facilities. publication of this notice in the Federal permission of the Operating Committee. The Exchange believes that this Register or within such longer period All papers and documents relating to proposal is consistent with the Act up to 90 days (i) as the Commission may review by the Fee Review Subcommittee because it implements, interprets or designate if it finds such longer period or the Operating Committee must be clarifies Section 11.5 of the Plan, and is to be appropriate and publishes its submitted to the Fee Review designed to assist the Exchange and its reasons for so finding or (ii) as to which Subcommittee or Operating Committee, Industry Members in meeting regulatory the Exchange consents, the Commission as applicable. obligations pursuant to the Plan. In will: The Procedures also note that approving the Plan, the SEC noted that (A) By order approve or disapprove decisions on such CAT Fee disputes the Plan ‘‘is necessary and appropriate such proposed rule change, or made pursuant to these Procedures will in the public interest, for the protection (B) institute proceedings to determine be binding on Industry Members, of investors and the maintenance of fair whether the proposed rule change without prejudice to the rights of any and orderly markets, to remove should be disapproved. such Industry Member to seek redress impediments to, and perfect the from the SEC or in any other mechanism of a national market system, IV. Solicitation of Comments appropriate forum. or is otherwise in furtherance of the Finally, an Industry Member that files purposes of the Act.’’ 19 To the extent Interested persons are invited to a written application with the Company that this proposal implements, submit written data, views, and regarding disputed CAT Fees in interprets or clarifies the Plan and arguments concerning the foregoing, accordance with these Procedures is not applies specific requirements to including whether the proposed rule required to pay such disputed CAT Fees Industry Members, the Exchange change is consistent with the Act. until the dispute is resolved in Comments may be submitted by any of accordance with these Procedures, 17 15 U.S.C. 78f(b)(5). the following methods: including any review by the SEC or in 18 15 U.S.C. 78f(b)(4). any other appropriate forum. For these 19 Approval Order at 84697. 20 15 U.S.C. 78f(b)(8).

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Electronic Comments SECURITIES AND EXCHANGE NE., Washington, DC 20549; or send an email to: [email protected]. • COMMISSION Use the Commission’s Internet Comments must be submitted to OMB comment form (http://www.sec.gov/ Submission for OMB Review; within 30 days of this notice. rules/sro.shtml); or Comment Request Dated: June 19, 2017. • Send an email to rule-comments@ Upon Written Request Copies Available Eduardo A. Aleman, sec.gov. Please include File Number SR– From: Securities and Exchange Assistant Secretary. ISE–2017–52 on the subject line. Commission, Office of FOIA Services, [FR Doc. 2017–13143 Filed 6–22–17; 8:45 am] 100 F Street NE., Washington, DC Paper Comments BILLING CODE 8011–01–P 20549–2736. • Send paper comments in triplicate Extension: to Secretary, Securities and Exchange Rule 425. SEC File No. 270–462, OMB SECURITIES AND EXCHANGE Commission, 100 F Street NE., Control No. 3235–0521. COMMISSION Washington, DC 20549–1090. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 Submission for OMB Review; All submissions should refer to File (44 U.S.C. 3501 et seq.), the Securities Comment Request Number SR–ISE–2017–52. This file and Exchange Commission Upon Written Request Copies Available number should be included on the (‘‘Commission’’) has submitted to the subject line if email is used. To help the From: Securities and Exchange Office of Management and Budget this Commission, Office of FOIA Services, Commission process and review your request for extension of the previously comments more efficiently, please use 100 F Street NE., Washington, DC approved collection of information 20549–2736. only one method. The Commission will discussed below. post all comments on the Commission’s Rule 425 (17 CFR 230.425) under the Extension: Internet Web site (http://www.sec.gov/ Securities Act of 1933 (15 U.S.C. 77a et Regulations 14D and 14E, Schedule 14D– 9. SEC File No. 270–114, OMB Control rules/sro.shtml). Copies of the seq.) requires the filing of certain No. 3235–0102. submission, all subsequent prospectuses and communications amendments, all written statements under Rule 135 (17 CFR 230.135) and Notice is hereby given that, pursuant with respect to the proposed rule Rule 165 (17 CFR 230.165) in to the Paperwork Reduction Act of 1995 change that are filed with the connection with business combination (44 U.S.C. 3501 et seq.), the Securities Commission, and all written transactions. The purpose of the rule is and Exchange Commission (‘‘Commission’’) has submitted to the communications relating to the to permit more oral and written Office of Management and Budget this proposed rule change between the communications with shareholders about tender offers, mergers and other request for extension of the previously Commission and any person, other than approved collection of information those that may be withheld from the business combination transactions on a more-timely basis, so long as the written discussed below. public in accordance with the communications are filed on the date of Regulation 14D (17 CFR 240.14d–1– provisions of 5 U.S.C. 552, will be first use. The information provided 240.14d–11) and Regulation 14E (17 available for Web site viewing and under Rule 425 is made available to the CFR 240.14e–1–240.14f–1) and related printing in the Commission’s Public public upon request. Also, the Schedule 14D–9 (17 CFR 240.14d–101) Reference Room, 100 F Street NE., information provided under Rule 425 is require information important to Washington, DC 20549, on official mandatory. Approximately 7,160 issuers security holders in deciding how to business days between the hours of file communications under Rule 425 at respond to tender offers. This 10:00 a.m. and 3:00 p.m. Copies of the an estimated 0.25 hours per response for information is made available to the filing also will be available for a total of 1,790 annual burden hours public. Information provided on inspection and copying at the principal (0.25 hours per response × 7,160 Schedule 14D–9 is mandatory. Schedule office of the Exchange. All comments responses). 14D–9 takes approximately 260.56 received will be posted without change; An agency may not conduct or hours per response to prepare and is the Commission does not edit personal sponsor, and a person is not required to filed by 169 companies annually. We identifying information from respond to, a collection of information estimate that 25% of the 260.56 hours submissions. You should submit only unless it displays a currently valid per response (65.14 hours) is prepared information that you wish to make control number. by the company for an annual reporting available publicly. All submissions The public may view the background burden of 11,009 hours (65.14 hours per × should refer to File Number SR–ISE– documentation for this information response 169 responses). 2017–52, and should be submitted on or collection at the following Web site, An agency may not conduct or www.reginfo.gov. Written comments sponsor, and a person is not required to before July 14, 2017. regarding the above information should respond to, a collection of information For the Commission, by the Division of be directed to the following persons: (i) unless it displays a currently valid Trading and Markets, pursuant to delegated Desk Officer for the Securities and control number. authority.21 Exchange Commission, Office of The public may view the background Eduardo A. Aleman, Information and Regulatory Affairs, documentation for this information Assistant Secretary. Office of Management and Budget, collection at the following Web site, [FR Doc. 2017–13102 Filed 6–22–17; 8:45 am] Room 10102, New Executive Office www.reginfo.gov . Comments should be Building, Washington, DC 20503 or directed to: (i) Desk Officer for the BILLING CODE 8011–01–P send an email to: Shagufta_Ahmed@ Securities and Exchange Commission, omb.eop.gov; and (ii) Pamela Dyson, Office of Information and Regulatory Director/Chief Information Officer, Affairs, Office of Management and Securities and Exchange Commission, Budget, Room 10102, New Executive 21 17 CFR 200.30–3(a)(12). c/o Remi Pavlik-Simon, 100 F Street Office Building, Washington, DC 20503,

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or by sending an email to: Shagufta_ II. Self-Regulatory Organization’s Participants filed the Plan to comply [email protected]; and (ii) Pamela Statement of the Purpose of, and with Rule 613 of Regulation NMS under Dyson, Director/Chief Information Statutory Basis for, the Proposed Rule the Exchange Act. The Plan was Officer, Securities and Exchange Change published for comment in the Federal 9 Commission, c/o Remi Pavlik-Simon, In its filing with the Commission, the Register on May 17, 2016, and 100 F Street NE., Washington, DC 20549 Exchange included statements approved by the Commission, as 10 or send an email to: PRA_Mailbox@ concerning the purpose of and basis for modified, on November 15, 2016. The sec.gov. Comments must be submitted to the proposed rule change and discussed Plan is designed to create, implement OMB within 30 days of this notice. any comments it received on the and maintain a consolidated audit trail proposed rule change. The text of these (‘‘CAT’’) that would capture customer Dated: June 19, 2017. statements may be examined at the and order event information for orders Eduardo A. Aleman, places specified in Item IV below. The in NMS Securities and OTC Equity Assistant Secretary. Exchange has prepared summaries, set Securities, across all markets, from the [FR Doc. 2017–13145 Filed 6–22–17; 8:45 am] forth in sections A, B, and C below, of time of order inception through routing, cancellation, modification, or execution BILLING CODE 8011–01–P the most significant aspects of such statements. in a single consolidated data source. The Plan accomplishes this by creating A. Self-Regulatory Organization’s CAT NMS, LLC (the ‘‘Company’’), of SECURITIES AND EXCHANGE Statement of the Purpose of, and COMMISSION which each Participant is a member, to Statutory Basis for, the Proposed Rule operate the CAT.11 Under the CAT NMS Change Plan, the Operating Committee of the [Release No. 34–80966; File No. SR–MRX– 1. Purpose Company (‘‘Operating Committee’’) has 2017–08] discretion to establish funding for the Bats BYX Exchange, Inc., Bats BZX Company to operate the CAT, including Self-Regulatory Organizations; Nasdaq Exchange, Inc., Bats EDGA Exchange, establishing fees that the Participants MRX, LLC; Notice of Filing of a Inc., Bats EDGX Exchange, Inc., BOX will pay, and establishing fees for Proposed Rule Change To Adopt Rule Options Exchange LLC, C2 Options Industry Members that will be 912 Exchange, Incorporated, Chicago Board implemented by the Participants (‘‘CAT Options Exchange, Incorporated, Fees’’).12 The Participants are required June 19, 2017. Chicago Stock Exchange, Inc., Financial to file with the SEC under Section 19(b) Pursuant to Section 19(b)(1) of the Industry Regulatory Authority, Inc. of the Exchange Act any such CAT Fees Securities Exchange Act of 1934 (‘‘Act’’ (‘‘FINRA’’), Investors’ Exchange LLC, applicable to Industry Members that the or ‘‘Exchange Act’’) 1, and Rule 19b–4 Miami International Securities Operating Committee approves.13 thereunder,2 notice is hereby given that Exchange, LLC, MIAX PEARL, LLC, Accordingly, the Exchange has filed a on June 9, 2017, Nasdaq MRX, LLC NASDAQ BX, Inc., Nasdaq GEMX, LLC, proposed rule change with the SEC to 4 (‘‘MRX’’ or ‘‘Exchange’’) filed with the Nasdaq ISE, LLC, Nasdaq MRX, LLC, adopt the Consolidated Audit Trail Securities and Exchange Commission NASDAQ PHLX LLC, The NASDAQ Funding Fees, which will require (‘‘SEC’’ or ‘‘Commission’’) the proposed Stock Market LLC, New York Stock Industry Members that are Exchange Exchange LLC, NYSE MKT LLC, NYSE rule change as described in Items I and members to pay the CAT Fees Arca, Inc. and NYSE National, Inc.5 II, below, which Items have been determined by the Operating (collectively, the ‘‘Participants’’) filed 14 prepared by the Exchange. The Committee. The Exchange submits with the Commission, pursuant to this rule filing to adopt Rule 912 Commission is publishing this notice to Section 11A of the Exchange Act 6 and (Consolidated Audit Trail—Fee Dispute solicit comments on the proposed rule Rule 608 of Regulation NMS Resolution) to establish the procedures change from interested persons. thereunder,7 the National Market for resolving potential disputes related I. Self-Regulatory Organization’s System Plan Governing the to CAT Fees charged to Industry Statement of the Terms of Substance of Consolidated Audit Trail (the ‘‘CAT Members. The proposed rules are 8 the Proposed Rule Change NMS Plan’’ or ‘‘Plan’’). The described below. (1) Definitions The Exchange proposes to adopt Rule 4 ISE Gemini, LLC, ISE Mercury, LLC and 912 (Consolidated Audit Trail—Fee International Securities Exchange, LLC have been Paragraph (a) of Proposed Rule 912 renamed Nasdaq GEMX, LLC, Nasdaq MRX, LLC, sets forth the definitions for Proposed Dispute Resolution) to establish the and Nasdaq ISE, LLC, respectively. See Securities procedures for resolving potential Exchange Act Release No. 80248 (March 15, 2017), Rule 912. Paragraph (a)(1) of Proposed disputes related to CAT Fees charged to 82 FR 14547 (March 21, 2017); Securities Exchange Rule 912 states that, for purposes of Industry Members.3 Act Release No. 80326 (March 29, 2017), 82 FR Rule 912, the terms ‘‘CAT NMS Plan’’, 16460 (April 4, 2017); and Securities Exchange Act ‘‘Industry Member’’, ‘‘Operating The text of the proposed rule change Release No. 80325 (March 29, 2017), 82 FR 16445 Committee’’, and ‘‘Participant’’ are is available on the Exchange’s Web site (April 4, 2017). 5 National Stock Exchange, Inc. has been renamed defined as set forth in the Rule 900 at http://nasdaqmrx.cchwallstreet.com/, NYSE National, Inc. See Securities Exchange Act at the principal office of the Exchange, Release No. 79902 (January 30, 2017), 82 FR 9258 9 Securities Exchange Act Release No. 77724 and at the Commission’s Public (February 3, 2017). (April 27, 2016), 81 FR 30614 (May 17, 2016). Reference Room. 6 15 U.S.C. 78k–1. 10 Securities Exchange Act Rel. No. 79318 7 17 CFR 242.608. (November 15, 2016), 81 FR 84696 (November 23, 8 See Letter from the Participants to Brent J. 2016) (‘‘Approval Order’’). 1 15 U.S.C. 78s(b)(1). Fields, Secretary, Commission, dated September 30, 11 The Plan also serves as the limited liability 2 17 CFR 240.19b–4. 2014; and Letter from Participants to Brent J. Fields, company agreement for the Company. 3 Unless otherwise specified, capitalized terms Secretary, Commission, dated February 27, 2015. 12 Section 11.1(b) of the CAT NMS Plan. used in this rule filing are defined as set forth On December 24, 2015, the Participants submitted 13 Id. herein, or in the Consolidated Audit Trail Funding an amendment to the CAT NMS Plan. See Letter 14 See Securities Exchange Act Release No. 80726 Fees Rule, the CAT Compliance Rule Series or in from Participants to Brent J. Fields, Secretary, (May 18, 2017), 82 FR 23915 (May 24, 2017) (SR– the CAT NMS Plan. Commission, dated December 23, 2015. MRX–2017–04).

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(Consolidated Audit Trail—Definitions), Funding Fees Rules, including disputes by counsel at all stages of the and the term ‘‘CAT Fee’’ is defined as related to the designated tier and the fee proceedings. set forth in the Consolidated Audit Trail calculated pursuant to such tier, to The Fee Review Subcommittee will Funding Fees. In addition, the Exchange apply for an opportunity to be heard determine all questions concerning the proposes to add paragraph (a)(2) to and to have the CAT Fees charged to admissibility of evidence and will Proposed Rule 912. New paragraph such Industry Member reviewed. The otherwise regulate the conduct of the (a)(2) would define the term Procedures are modeled after the hearing. Each of the parties will be ‘‘Subcommittee’’ to mean a adverse action procedures adopted by permitted to make an opening subcommittee designated by the various exchanges,15 and will be posted statement, present witnesses and Operating Committee pursuant to the on the Web site for the CAT NMS Plan documentary evidence, cross examine CAT NMS Plan. This definition is the Web site.16 opposing witnesses and present closing same substantive definition as set forth Under these Procedures, an Industry arguments orally or in writing as in Section 1.1 of the CAT NMS Plan. Member that disputes CAT Fees charged determined by the Fee Review Subcommittee. The Fee Review (2) Fee Dispute Resolution to such Industry Member and that desires to have an opportunity to be Subcommittee also will have the right to Section 11.5 of the CAT NMS Plan heard with respect to such disputed question all parties and witnesses to the requires Participants to adopt rules CAT Fees must file a written application proceeding. The Fee Review requiring that disputes with respect to with the Company within 15 business Subcommittee must keep a record of the fees charged to Industry Members days after being notified of such hearing. The formal rules of evidence pursuant to the CAT NMS Plan be disputed CAT Fees. The application will not apply. determined by the Operating Committee must identify the disputed CAT Fees, The Fee Review Subcommittee must or Subcommittee. Section 11.5 of the state the specific reasons why the set forth its decision in writing and send CAT NMS Plan also states that decisions applicant takes exception to such CAT the written decision to the parties to the by the Operating Committee or Fees, and set forth the relief sought. In proceeding. Such decisions will contain Subcommittee on such matters shall be addition, if the applicant intends to the reasons supporting the conclusions binding on Industry Members, without submit any additional documents, of the Fee Review Subcommittee. The decision of the Fee Review prejudice to the right of any Industry statements, arguments or other material Subcommittee will be subject to review Member to seek redress from the SEC in support of the application, the same by the Operating Committee either on pursuant to SEC Rule 608 or in any should be so stated and identified. other appropriate forum. The Exchange its own motion within 20 business days The Company will refer applications proposes to adopt paragraph (b) of after issuance of the decision or upon for hearing and review promptly to the Proposed Rule 912. Paragraph (b) of written request submitted by the Subcommittee designated by the Proposed Rule 912 states that disputes applicant within 15 business days after Operating Committee pursuant to initiated by an Industry Member with issuance of the decision. The applicant’s Section 4.12 of the CAT NMS Plan with respect to CAT Fees charged to such petition must be in writing and must responsibility for conducting the Industry Member pursuant to the specify the findings and conclusions to reviews of CAT Fee disputes pursuant Consolidated Audit Trail Funding Fees, which the applicant objects, together to these Procedures. This Subcommittee including disputes related to the with the reasons for such objections. will be referred to as the Fee Review designated tier and the fee calculated Any objection to a decision not pursuant to such tier, shall be resolved Subcommittee. The members of the Fee specified in writing will be considered by the Operating Committee, or a Review Subcommittee will be subject to to have been abandoned and may be Subcommittee designated by the the provisions of Section 4.3(d) of the disregarded. Parties may petition to Operating Committee, of the CAT NMS CAT NMS Plan regarding recusal and submit a written argument to the Plan, pursuant to the Fee Dispute Conflicts of Interest. The Fee Review Operating Committee and may request Resolution Procedures adopted Subcommittee will keep a record of the an opportunity to make an oral pursuant to the CAT NMS Plan and set proceedings. argument before the Operating forth in paragraph (c) of Proposed Rule The Fee Review Subcommittee will Committee. The Operating Committee 912. Decisions on such matters shall be hold hearings promptly. The Fee will have sole discretion to grant or binding on Industry Members, without Review Subcommittee will set a hearing deny either request. prejudice to the rights of any such date. The parties to the hearing shall The Operating Committee will Industry Member to seek redress from furnish the Fee Review Subcommittee conduct the review. The review will be the SEC or in any other appropriate with all materials relevant to the made upon the record and will be made forum. proceedings at least 72 hours prior to after such further proceedings, if any, as The Operating Committee has the date of the hearing. Each party will the Operating Committee may order. adopted ‘‘Fee Dispute Resolution have the right to inspect and copy the Based upon such record, the Operating Procedures’’ governing the manner in other party’s materials prior to the Committee may affirm, reverse or which disputes regarding CAT Fees hearing. modify, in whole or in part, the decision charged pursuant to the Consolidated The parties to the hearing will consist of the Fee Review Subcommittee. The Audit Trail Funding Fees will be of the applicant and a representative of decision of the Operating Committee addressed. These Fee Dispute the Company who shall present the will be in writing, will be sent to the Resolution Procedures, as they relate to reasons for the action taken by the parties to the proceeding and will be Industry Members, are set forth in Company that allegedly aggrieved the final. paragraph (c) of Proposed Rule 912. applicant. The applicant is entitled to be The Procedures state that a final Specifically, the Fee Dispute Resolution accompanied, represented and advised decision regarding the disputed CAT Procedures provide the procedure for Fees by the Operating Committee, or the Industry Members that dispute CAT 15 See, e.g., Chapter X of BATS BZX Exchange, Fee Review Subcommittee (if there is no Inc. (Adverse Action); and Chapter X of NYSE Fees charged to such Industry Member National, Inc. (Adverse Action). review by the Operating Committee), pursuant to one or more of the 16 The CAT NMS Plan Web site is must be provided within 90 days of the Participants’ Consolidated Audit Trail www.catnmsplan.com. date on which the Industry Member

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filed a written application regarding 2. Statutory Basis to implement the requirements of the disputed CAT Fees with the Company. The Exchange believes that the CAT NMS Plan. Therefore, this is not a The Operating Committee may extend proposed rule change is consistent with competitive rule filing and, therefore, it the 90-day time limit at its discretion. the provisions of Section 6(b)(5) of the does not raise competition issues In addition, the Procedures state that Act,17 which requires, among other between and among the exchanges and any notices or other documents may be things, that the Exchange rules must be FINRA. served upon the applicant either designed to prevent fraudulent and C. Self-Regulatory Organization’s personally or by leaving the same at its, manipulative acts and practices, to Statement on Comments on the his or her place of business or by promote just and equitable principles of Proposed Rule Change Received From deposit in the United States post office, trade, and, in general, to protect Members, Participants, or Others postage prepaid, by registered or investors and the public interest, and not designed to permit unfair No written comments were either certified mail, addressed to the solicited or received. applicant at its, his or her last known discrimination between customers, business or residence address. The issuers, brokers and dealer [sic], and III. Date of Effectiveness of the 18 Procedures also state that any time Section 6(b)(4) of the Act, which Proposed Rule Change and Timing for limits imposed under the Procedures for requires that Exchange rules provide for Commission Action the equitable allocation of reasonable the submission of answers, petitions or Within 45 days of the date of dues, fees, and other charges among other materials may be extended by publication of this notice in the Federal members and issuers and other persons permission of the Operating Committee. Register or within such longer period using its facilities. All papers and documents relating to The Exchange believes that this up to 90 days (i) as the Commission may review by the Fee Review Subcommittee proposal is consistent with the Act designate if it finds such longer period or the Operating Committee must be because it implements, interprets or to be appropriate and publishes its submitted to the Fee Review clarifies Section 11.5 of the Plan, and is reasons for so finding or (ii) as to which Subcommittee or Operating Committee, designed to assist the Exchange and its the Exchange consents, the Commission as applicable. Industry Members in meeting regulatory will: (A) By order approve or disapprove The Procedures also note that obligations pursuant to the Plan. In approving the Plan, the SEC noted that such proposed rule change, or decisions on such CAT Fee disputes (B) institute proceedings to determine made pursuant to these Procedures will the Plan ‘‘is necessary and appropriate in the public interest, for the protection whether the proposed rule change be binding on Industry Members, should be disapproved. without prejudice to the rights of any of investors and the maintenance of fair such Industry Member to seek redress and orderly markets, to remove IV. Solicitation of Comments impediments to, and perfect the from the SEC or in any other Interested persons are invited to mechanism of a national market system, appropriate forum. submit written data, views, and or is otherwise in furtherance of the arguments concerning the foregoing, Finally, an Industry Member that files purposes of the Act.’’ 19 To the extent including whether the proposed rule a written application with the Company that this proposal implements, change is consistent with the Act. regarding disputed CAT Fees in interprets or clarifies the Plan and Comments may be submitted by any of accordance with these Procedures is not applies specific requirements to the following methods: required to pay such disputed CAT Fees Industry Members, the Exchange until the dispute is resolved in believes that this proposal furthers the Electronic Comments accordance with these Procedures, objectives of the Plan, as identified by • including any review by the SEC or in Use the Commission’s Internet the SEC, and is therefore consistent with comment form (http://www.sec.gov/ any other appropriate forum. For these the Act. purposes, the disputed CAT Fees means rules/sro.shtml); or • Send an email to rule-comments@ the amount of the invoiced CAT Fees B. Self-Regulatory Organization’s sec.gov. Please include File Number SR– that the Industry Member has asserted Statement on Burden on Competition MRX–2017–08 on the subject line. pursuant to these Procedures that such Section 6(b)(8) of the Act 20 requires Industry Member does not owe to the that Exchange rules not impose any Paper Comments Company. The Industry Member must burden on competition that is not • Send paper comments in triplicate necessary or appropriate. The Exchange pay any invoiced CAT Fees that are not to Secretary, Securities and Exchange does not believe that the proposed rule disputed CAT Fees when due as set Commission, 100 F Street NE., change will impose any burden on forth in the original invoice. Washington, DC 20549–1090. competition not necessary or Once the dispute regarding CAT Fees appropriate in furtherance of the All submissions should refer to File is resolved pursuant to these purposes of the Act. The Exchange notes Number SR–MRX–2017–08. This file Procedures, if it is determined that the that the proposed rule change number should be included on the Industry Member owes any of the implements Section 11.5 of the CAT subject line if email is used. To help the disputed CAT Fees, then the Industry NMS Plan approved by the Commission, Commission process and review your Member must pay such disputed CAT and is designed to assist the Exchange comments more efficiently, please use Fees that are owed as well as interest on in meeting its regulatory obligations only one method. The Commission will such disputed CAT Fees from the pursuant to the Plan. Similarly, all post all comments on the Commission’s original due date (that is, 30 days after national securities exchanges and Internet Web site (http://www.sec.gov/ receipt of the original invoice of such FINRA are proposing this proposed rule rules/sro.shtml). Copies of the CAT Fees) until such disputed CAT submission, all subsequent Fees are paid at a per annum rate equal 17 15 U.S.C. 78f(b)(5). amendments, all written statements to the lesser of (i) the Prime Rate plus 18 15 U.S.C. 78f(b)(4). with respect to the proposed rule 300 basis points, or (ii) the maximum 19 Approval Order at 84697. change that are filed with the rate permitted by applicable law. 20 15 U.S.C. 78f(b)(8). Commission, and all written

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communications relating to the Resolution) to establish the procedures Section 11A of the Exchange Act 6 and proposed rule change between the for resolving potential disputes related Rule 608 of Regulation NMS Commission and any person, other than to CAT Fees charged to Industry thereunder,7 the National Market those that may be withheld from the Members.3 System Plan Governing the public in accordance with the The text of the proposed rule change Consolidated Audit Trail (the ‘‘CAT provisions of 5 U.S.C. 552, will be is available on the Exchange’s Web site NMS Plan’’ or ‘‘Plan’’).8 The available for Web site viewing and at http://nasdaqbx.cchwallstreet.com/, Participants filed the Plan to comply printing in the Commission’s Public at the principal office of the Exchange, with Rule 613 of Regulation NMS under Reference Room, 100 F Street NE., and at the Commission’s Public the Exchange Act. The Plan was Washington, DC 20549, on official Reference Room. published for comment in the Federal 9 business days between the hours of II. Self-Regulatory Organization’s Register on May 17, 2016, and 10:00 a.m. and 3:00 p.m. Copies of the approved by the Commission, as Statement of the Purpose of, and 10 filing also will be available for Statutory Basis for, the Proposed Rule modified, on November 15, 2016. The inspection and copying at the principal Change Plan is designed to create, implement office of the Exchange. All comments and maintain a consolidated audit trail received will be posted without change; In its filing with the Commission, the (‘‘CAT’’) that would capture customer the Commission does not edit personal Exchange included statements and order event information for orders identifying information from concerning the purpose of and basis for in NMS Securities and OTC Equity submissions. You should submit only the proposed rule change and discussed Securities, across all markets, from the information that you wish to make any comments it received on the time of order inception through routing, available publicly. All submissions proposed rule change. The text of these cancellation, modification, or execution should refer to File Number SR–MRX– statements may be examined at the in a single consolidated data source. 2017–08, and should be submitted on or places specified in Item IV below. The The Plan accomplishes this by creating before July 14, 2017. Exchange has prepared summaries, set CAT NMS, LLC (the ‘‘Company’’), of forth in sections A, B, and C below, of For the Commission, by the Division of which each Participant is a member, to Trading and Markets, pursuant to delegated the most significant aspects of such operate the CAT.11 Under the CAT NMS authority.21 statements. Plan, the Operating Committee of the Eduardo A. Aleman, A. Self-Regulatory Organization’s Company (‘‘Operating Committee’’) has Assistant Secretary. Statement of the Purpose of, and discretion to establish funding for the [FR Doc. 2017–13097 Filed 6–22–17; 8:45 am] Statutory Basis for, the Proposed Rule Company to operate the CAT, including establishing fees that the Participants BILLING CODE 8011–01–P Change will pay, and establishing fees for 1. Purpose Industry Members that will be SECURITIES AND EXCHANGE Bats BYX Exchange, Inc., Bats BZX implemented by the Participants (‘‘CAT COMMISSION Exchange, Inc., Bats EDGA Exchange, Fees’’).12 The Participants are required Inc., Bats EDGX Exchange, Inc., BOX to file with the SEC under Section 19(b) [Release No. 34–80968; File No. SR–BX– Options Exchange LLC, C2 Options of the Exchange Act any such CAT Fees 2017–029] Exchange, Incorporated, Chicago Board applicable to Industry Members that the 13 Self-Regulatory Organizations; Options Exchange, Incorporated, Operating Committee approves. NASDAQ BX, Inc.; Notice of Filing of a Chicago Stock Exchange, Inc., Financial Accordingly, the Exchange has filed a Proposed Rule Change To Adopt Rule Industry Regulatory Authority, Inc. proposed rule change with the SEC to 6896 and Chapter IX, Section 9 (‘‘FINRA’’), Investors’ Exchange LLC, adopt the Consolidated Audit Trail Miami International Securities Funding Fees, which will require June 19, 2017. Exchange, LLC, MIAX PEARL, LLC, Industry Members that are Exchange Pursuant to Section 19(b)(1) of the NASDAQ BX, Inc., Nasdaq GEMX, LLC, members to pay the CAT Fees Securities Exchange Act of 1934 (‘‘Act’’ Nasdaq ISE, LLC, Nasdaq MRX, LLC,4 determined by the Operating or ‘‘Exchange Act’’),1 and Rule 19b–4 NASDAQ PHLX LLC, The NASDAQ Committee.14 The Exchange submits thereunder,2 notice is hereby given that Stock Market LLC, New York Stock this rule filing to adopt Rule 6896 and on June 9, 2017, NASDAQ BX, Inc. Exchange LLC, NYSE MKT LLC, NYSE Chapter IX, Section 9 (Consolidated (‘‘BX’’ or ‘‘Exchange’’) filed with the Arca, Inc. and NYSE National, Inc.5 Securities and Exchange Commission (collectively, the ‘‘Participants’’) filed 6 15 U.S.C. 78k–1. (‘‘SEC’’ or ‘‘Commission’’) the proposed with the Commission, pursuant to 7 17 CFR 242.608. rule change as described in Items I and 8 See Letter from the Participants to Brent J. Fields, Secretary, Commission, dated September 30, 3 Unless otherwise specified, capitalized terms II, below, which Items have been 2014; and Letter from Participants to Brent J. Fields, used in this rule filing are defined as set forth prepared by the Exchange. The Secretary, Commission, dated February 27, 2015. herein, or in the Consolidated Audit Trail Funding On December 24, 2015, the Participants submitted Commission is publishing this notice to Fees Rule, the CAT Compliance Rule Series or in an amendment to the CAT NMS Plan. See Letter solicit comments on the proposed rule the CAT NMS Plan. from Participants to Brent J. Fields, Secretary, 4 change from interested persons. ISE Gemini, LLC, ISE Mercury, LLC and Commission, dated December 23, 2015. International Securities Exchange, LLC have been 9 Securities Exchange Act Release No. 77724 I. Self-Regulatory Organization’s renamed Nasdaq GEMX, LLC, Nasdaq MRX, LLC, (April 27, 2016), 81 FR 30614 (May 17, 2016). Statement of the Terms of Substance of and Nasdaq ISE, LLC, respectively. See Securities 10 Securities Exchange Act Rel. No. 79318 the Proposed Rule Change Exchange Act Release No. 80248 (March 15, 2017), 82 FR 14547 (March 21, 2017); Securities Exchange (November 15, 2016), 81 FR 84696 (November 23, The Exchange proposes to adopt Rule Act Release No. 80326 (March 29, 2017), 82 FR 2016) (‘‘Approval Order’’). 6896 and Chapter IX, Section 9 16460 (April 4, 2017); and Securities Exchange Act 11 The Plan also serves as the limited liability company agreement for the Company. (Consolidated Audit Trail—Fee Dispute Release No. 80325 (March 29, 2017), 82 FR 16445 (April 4, 2017). 12 Section 11.1(b) of the CAT NMS Plan. 5 National Stock Exchange, Inc. has been renamed 13 Id. 21 17 CFR 200.30–3(a)(12). NYSE National, Inc. See Securities Exchange Act 14 See Securities Exchange Act Release No. 80697 1 15 U.S.C. 78s(b)(1). Release No. 79902 (January 30, 2017), 82 FR 9258 (May 16, 2017), 82 FR 23398 (May 22, 2017) (SR– 2 17 CFR 240.19b–4. (February 3, 2017). BX–2017–023).

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Audit Trail—Fee Dispute Resolution) to binding on Industry Members, without CAT NMS Plan regarding recusal and establish the procedures for resolving prejudice to the rights of any such Conflicts of Interest. The Fee Review potential disputes related to CAT Fees Industry Member to seek redress from Subcommittee will keep a record of the charged to Industry Members. The the SEC or in any other appropriate proceedings. proposed rules are described below. forum. The Fee Review Subcommittee will hold hearings promptly. The Fee (1) Definitions The Operating Committee has adopted ‘‘Fee Dispute Resolution Review Subcommittee will set a hearing Paragraph (a) of Proposed Rule 6896 Procedures’’ governing the manner in date. The parties to the hearing shall and Chapter IX, Section 9 sets forth the which disputes regarding CAT Fees furnish the Fee Review Subcommittee definitions for Proposed Rule 6896 and charged pursuant to the Consolidated with all materials relevant to the Chapter IX, Section 9. Paragraph (a)(1) Audit Trail Funding Fees will be proceedings at least 72 hours prior to of Proposed Rule 6896 and Chapter IX, addressed. These Fee Dispute the date of the hearing. Each party will Section 9 states that, for purposes of Resolution Procedures, as they relate to have the right to inspect and copy the Rule 6896 and Chapter IX, Section 9, the Industry Members, are set forth in other party’s materials prior to the terms ‘‘CAT NMS Plan’’, ‘‘Industry paragraph (c) of Proposed Rule 6896 and hearing. Member’’, ‘‘Operating Committee’’, and Chapter IX, Section 9. Specifically, the The parties to the hearing will consist ‘‘Participant’’ are defined as set forth in Fee Dispute Resolution Procedures of the applicant and a representative of the Rule 6810 and Chapter IX, Section provide the procedure for Industry the Company who shall present the 8(a) (Consolidated Audit Trail— Members that dispute CAT Fees charged reasons for the action taken by the Definitions), respectively, and the term to such Industry Member pursuant to Company that allegedly aggrieved the ‘‘CAT Fee’’ is defined as set forth in the one or more of the Participants’ applicant. The applicant is entitled to be Consolidated Audit Trail Funding Fees. Consolidated Audit Trail Funding Fees accompanied, represented and advised In addition, the Exchange proposes to Rules, including disputes related to the by counsel at all stages of the add paragraph (a)(2) to Proposed Rule designated tier and the fee calculated proceedings. 6896 and Chapter IX, Section 9. New pursuant to such tier, to apply for an The Fee Review Subcommittee will determine all questions concerning the paragraph (a)(2) would define the term opportunity to be heard and to have the admissibility of evidence and will ‘‘Subcommittee’’ to mean a CAT Fees charged to such Industry otherwise regulate the conduct of the subcommittee designated by the Member reviewed. The Procedures are hearing. Each of the parties will be Operating Committee pursuant to the modeled after the adverse action CAT NMS Plan. This definition is the permitted to make an opening procedures adopted by various same substantive definition as set forth statement, present witnesses and exchanges,15 and will be posted on the in Section 1.1 of the CAT NMS Plan. documentary evidence, cross examine Web site for the CAT NMS Plan Web opposing witnesses and present closing (2) Fee Dispute Resolution site.16 arguments orally or in writing as Section 11.5 of the CAT NMS Plan Under these Procedures, an Industry determined by the Fee Review requires Participants to adopt rules Member that disputes CAT Fees charged Subcommittee. The Fee Review requiring that disputes with respect to to such Industry Member and that Subcommittee also will have the right to fees charged to Industry Members desires to have an opportunity to be question all parties and witnesses to the pursuant to the CAT NMS Plan be heard with respect to such disputed proceeding. The Fee Review determined by the Operating Committee CAT Fees must file a written application Subcommittee must keep a record of the or Subcommittee. Section 11.5 of the with the Company within 15 business hearing. The formal rules of evidence CAT NMS Plan also states that decisions days after being notified of such will not apply. by the Operating Committee or disputed CAT Fees. The application The Fee Review Subcommittee must Subcommittee on such matters shall be must identify the disputed CAT Fees, set forth its decision in writing and send binding on Industry Members, without state the specific reasons why the the written decision to the parties to the prejudice to the right of any Industry applicant takes exception to such CAT proceeding. Such decisions will contain Member to seek redress from the SEC Fees, and set forth the relief sought. In the reasons supporting the conclusions pursuant to SEC Rule 608 or in any addition, if the applicant intends to of the Fee Review Subcommittee. other appropriate forum. The Exchange submit any additional documents, The decision of the Fee Review proposes to adopt paragraph (b) of statements, arguments or other material Subcommittee will be subject to review Proposed Rule 6896 and Chapter IX, in support of the application, the same by the Operating Committee either on Section 9. Paragraph (b) of Proposed should be so stated and identified. its own motion within 20 business days Rule 6896 and Chapter IX, Section 9 The Company will refer applications after issuance of the decision or upon states that disputes initiated by an for hearing and review promptly to the written request submitted by the Industry Member with respect to CAT Subcommittee designated by the applicant within 15 business days after Fees charged to such Industry Member Operating Committee pursuant to issuance of the decision. The applicant’s pursuant to the Consolidated Audit Section 4.12 of the CAT NMS Plan with petition must be in writing and must Trail Funding Fees, including disputes responsibility for conducting the specify the findings and conclusions to related to the designated tier and the fee reviews of CAT Fee disputes pursuant which the applicant objects, together calculated pursuant to such tier, shall be to these Procedures. This Subcommittee with the reasons for such objections. resolved by the Operating Committee, or will be referred to as the Fee Review Any objection to a decision not a Subcommittee designated by the Subcommittee. The members of the Fee specified in writing will be considered Operating Committee, of the CAT NMS Review Subcommittee will be subject to to have been abandoned and may be Plan, pursuant to the Fee Dispute the provisions of Section 4.3(d) of the disregarded. Parties may petition to Resolution Procedures adopted submit a written argument to the pursuant to the CAT NMS Plan and set 15 See, e.g., Chapter X of BATS BZX Exchange, Operating Committee and may request Inc. (Adverse Action); and Chapter X of NYSE forth in paragraph (c) of Proposed Rule National, Inc. (Adverse Action). an opportunity to make an oral 6896 and Chapter IX, Section 9. 16 The CAT NMS Plan Web site is argument before the Operating Decisions on such matters shall be www.catnmsplan.com. Committee. The Operating Committee

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will have sole discretion to grant or Company. The Industry Member must B. Self-Regulatory Organization’s deny either request. pay any invoiced CAT Fees that are not Statement on Burden on Competition The Operating Committee will disputed CAT Fees when due as set Section 6(b)(8) of the Act 20 requires conduct the review. The review will be forth in the original invoice. that Exchange rules not impose any made upon the record and will be made Once the dispute regarding CAT Fees burden on competition that is not after such further proceedings, if any, as is resolved pursuant to these necessary or appropriate. The Exchange the Operating Committee may order. Procedures, if it is determined that the does not believe that the proposed rule Based upon such record, the Operating Industry Member owes any of the change will impose any burden on Committee may affirm, reverse or disputed CAT Fees, then the Industry competition not necessary or modify, in whole or in part, the decision Member must pay such disputed CAT appropriate in furtherance of the of the Fee Review Subcommittee. The Fees that are owed as well as interest on purposes of the Act. The Exchange notes decision of the Operating Committee such disputed CAT Fees from the that the proposed rule change will be in writing, will be sent to the original due date (that is, 30 days after implements Section 11.5 of the CAT parties to the proceeding and will be receipt of the original invoice of such NMS Plan approved by the Commission, final. CAT Fees) until such disputed CAT and is designed to assist the Exchange The Procedures state that a final Fees are paid at a per annum rate equal decision regarding the disputed CAT in meeting its regulatory obligations to the lesser of (i) the Prime Rate plus pursuant to the Plan. Similarly, all Fees by the Operating Committee, or the 300 basis points, or (ii) the maximum Fee Review Subcommittee (if there is no national securities exchanges and rate permitted by applicable law. review by the Operating Committee), FINRA are proposing this proposed rule must be provided within 90 days of the 2. Statutory Basis to implement the requirements of the date on which the Industry Member CAT NMS Plan. Therefore, this is not a The Exchange believes that the filed a written application regarding competitive rule filing and, therefore, it proposed rule change is consistent with disputed CAT Fees with the Company. does not raise competition issues the provisions of Section 6(b)(5) of the between and among the exchanges and The Operating Committee may extend 17 the 90-day time limit at its discretion. Act, which requires, among other FINRA. In addition, the Procedures state that things, that the Exchange rules must be designed to prevent fraudulent and C. Self-Regulatory Organization’s any notices or other documents may be Statement on Comments on the served upon the applicant either manipulative acts and practices, to promote just and equitable principles of Proposed Rule Change Received From personally or by leaving the same at its, Members, Participants, or Others his or her place of business or by trade, and, in general, to protect deposit in the United States post office, investors and the public interest, and No written comments were either postage prepaid, by registered or not designed to permit unfair solicited or received. certified mail, addressed to the discrimination between customers, III. Date of Effectiveness of the applicant at its, his or her last known issuers, brokers and dealer [sic], and 18 Proposed Rule Change and Timing for business or residence address. The Section 6(b)(4) of the Act, which Commission Action Procedures also state that any time requires that Exchange rules provide for Within 45 days of the date of limits imposed under the Procedures for the equitable allocation of reasonable publication of this notice in the Federal the submission of answers, petitions or dues, fees, and other charges among Register or within such longer period other materials may be extended by members and issuers and other persons up to 90 days (i) as the Commission may permission of the Operating Committee. using its facilities. designate if it finds such longer period All papers and documents relating to The Exchange believes that this to be appropriate and publishes its review by the Fee Review Subcommittee proposal is consistent with the Act reasons for so finding or (ii) as to which or the Operating Committee must be because it implements, interprets or the Exchange consents, the Commission submitted to the Fee Review clarifies Section 11.5 of the Plan, and is designed to assist the Exchange and its will: Subcommittee or Operating Committee, (A) By order approve or disapprove Industry Members in meeting regulatory as applicable. such proposed rule change, or The Procedures also note that obligations pursuant to the Plan. In (B) institute proceedings to determine decisions on such CAT Fee disputes approving the Plan, the SEC noted that whether the proposed rule change made pursuant to these Procedures will the Plan ‘‘is necessary and appropriate should be disapproved. be binding on Industry Members, in the public interest, for the protection without prejudice to the rights of any of investors and the maintenance of fair IV. Solicitation of Comments such Industry Member to seek redress and orderly markets, to remove Interested persons are invited to from the SEC or in any other impediments to, and perfect the submit written data, views, and appropriate forum. mechanism of a national market system, arguments concerning the foregoing, Finally, an Industry Member that files or is otherwise in furtherance of the including whether the proposed rule a written application with the Company purposes of the Act.’’ 19 To the extent change is consistent with the Act. regarding disputed CAT Fees in that this proposal implements, Comments may be submitted by any of accordance with these Procedures is not interprets or clarifies the Plan and the following methods: required to pay such disputed CAT Fees applies specific requirements to until the dispute is resolved in Industry Members, the Exchange Electronic Comments accordance with these Procedures, believes that this proposal furthers the • Use the Commission’s Internet including any review by the SEC or in objectives of the Plan, as identified by comment form (http://www.sec.gov/ any other appropriate forum. For these the SEC, and is therefore consistent with rules/sro.shtml); or purposes, the disputed CAT Fees means the Act. • Send an email to rule-comments@ the amount of the invoiced CAT Fees sec.gov. Please include File Number SR– that the Industry Member has asserted 17 15 U.S.C. 78f(b)(5). BX–2017–029 on the subject line. pursuant to these Procedures that such 18 15 U.S.C. 78f(b)(4). Industry Member does not owe to the 19 Approval Order at 84697. 20 15 U.S.C. 78f(b)(8).

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Paper Comments or ‘‘Exchange Act’’),1 and Rule 19b–4 Exchange, LLC, MIAX PEARL, LLC, 2 • Send paper comments in triplicate thereunder, notice is hereby given that NASDAQ BX, Inc., Nasdaq GEMX, LLC, 4 to Secretary, Securities and Exchange on June 9, 2017, Nasdaq GEMX, LLC Nasdaq ISE, LLC, Nasdaq MRX, LLC, Commission, 100 F Street NE., (‘‘GEMX’’ or ‘‘Exchange’’) filed with the NASDAQ PHLX LLC, The NASDAQ Washington, DC 20549–1090. Securities and Exchange Commission Stock Market LLC, New York Stock (‘‘SEC’’ or ‘‘Commission’’) the proposed Exchange LLC, NYSE MKT LLC, NYSE All submissions should refer to File rule change as described in Items I and Arca, Inc. and NYSE National, Inc.5 Number SR–BX–2017–029. This file II, below, which Items have been (collectively, the ‘‘Participants’’) filed number should be included on the prepared by the Exchange. The with the Commission, pursuant to subject line if email is used. To help the Commission is publishing this notice to Section 11A of the Exchange Act 6 and Commission process and review your solicit comments on the proposed rule Rule 608 of Regulation NMS comments more efficiently, please use change from interested persons. thereunder,7 the National Market only one method. The Commission will System Plan Governing the post all comments on the Commission’s I. Self-Regulatory Organization’s Consolidated Audit Trail (the ‘‘CAT Internet Web site (http://www.sec.gov/ Statement of the Terms of Substance of NMS Plan’’ or ‘‘Plan’’).8 The rules/sro.shtml). Copies of the the Proposed Rule Change Participants filed the Plan to comply submission, all subsequent The Exchange proposes to adopt Rule with Rule 613 of Regulation NMS under amendments, all written statements 912 (Consolidated Audit Trail—Fee the Exchange Act. The Plan was with respect to the proposed rule Dispute Resolution) to establish the published for comment in the Federal change that are filed with the procedures for resolving potential Register on May 17, 2016,9 and Commission, and all written disputes related to CAT Fees charged to approved by the Commission, as communications relating to the Industry Members.3 modified, on November 15, 2016.10 The proposed rule change between the The text of the proposed rule change Plan is designed to create, implement Commission and any person, other than is available on the Exchange’s Web site and maintain a consolidated audit trail those that may be withheld from the at http:// (‘‘CAT’’) that would capture customer public in accordance with the nasdaqgemx.cchwallstreet.com/, at the and order event information for orders provisions of 5 U.S.C. 552, will be principal office of the Exchange, and at in NMS Securities and OTC Equity available for Web site viewing and the Commission’s Public Reference Securities, across all markets, from the printing in the Commission’s Public Room. time of order inception through routing, Reference Room, 100 F Street NE., cancellation, modification, or execution Washington, DC 20549, on official II. Self-Regulatory Organization’s Statement of the Purpose of, and in a single consolidated data source. business days between the hours of The Plan accomplishes this by creating 10:00 a.m. and 3:00 p.m. Copies of the Statutory Basis for, the Proposed Rule Change CAT NMS, LLC (the ‘‘Company’’), of filing also will be available for which each Participant is a member, to inspection and copying at the principal In its filing with the Commission, the operate the CAT.11 Under the CAT NMS office of the Exchange. All comments Exchange included statements Plan, the Operating Committee of the received will be posted without change; concerning the purpose of and basis for Company (‘‘Operating Committee’’) has the Commission does not edit personal the proposed rule change and discussed discretion to establish funding for the identifying information from any comments it received on the Company to operate the CAT, including submissions. You should submit only proposed rule change. The text of these establishing fees that the Participants information that you wish to make statements may be examined at the will pay, and establishing fees for available publicly. All submissions places specified in Item IV below. The Industry Members that will be should refer to File Number SR–BX– Exchange has prepared summaries, set 2017–029, and should be submitted on forth in sections A, B, and C below, of 4 ISE Gemini, LLC, ISE Mercury, LLC and or before July 14, 2017. the most significant aspects of such International Securities Exchange, LLC have been statements. renamed Nasdaq GEMX, LLC, Nasdaq MRX, LLC, For the Commission, by the Division of and Nasdaq ISE, LLC, respectively. See Securities Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s Exchange Act Release No. 80248 (March 15, 2017), authority.21 Statement of the Purpose of, and 82 FR 14547 (March 21, 2017); Securities Exchange Eduardo A. Aleman, Statutory Basis for, the Proposed Rule Act Release No. 80326 (March 29, 2017), 82 FR 16460 (April 4, 2017); and Securities Exchange Act Assistant Secretary. Change Release No. 80325 (March 29, 2017), 82 FR 16445 [FR Doc. 2017–13099 Filed 6–22–17; 8:45 am] 1. Purpose (April 4, 2017). BILLING CODE 8011–01–P 5 National Stock Exchange, Inc. has been renamed Bats BYX Exchange, Inc., Bats BZX NYSE National, Inc. See Securities Exchange Act Exchange, Inc., Bats EDGA Exchange, Release No. 79902 (January 30, 2017), 82 FR 9258 (February 3, 2017). SECURITIES AND EXCHANGE Inc., Bats EDGX Exchange, Inc., BOX 6 Options Exchange LLC, C2 Options 15 U.S.C. 78k–1. COMMISSION 7 17 CFR 242.608. Exchange, Incorporated, Chicago Board 8 See Letter from the Participants to Brent J. [Release No. 34–80970; File No. SR–GEMX– Options Exchange, Incorporated, 2017–24] Fields, Secretary, Commission, dated September 30, Chicago Stock Exchange, Inc., Financial 2014; and Letter from Participants to Brent J. Fields, Industry Regulatory Authority, Inc. Secretary, Commission, dated February 27, 2015. Self-Regulatory Organizations; Nasdaq On December 24, 2015, the Participants submitted GEMX, LLC; Notice of Filing of a (‘‘FINRA’’), Investors’ Exchange LLC, an amendment to the CAT NMS Plan. See Letter Proposed Rule Change To Adopt Rule Miami International Securities from Participants to Brent J. Fields, Secretary, 912 Commission, dated December 23, 2015. 1 15 U.S.C. 78s(b)(1). 9 Securities Exchange Act Release No. 77724 June 19, 2017. 2 17 CFR 240.19b–4. (April 27, 2016), 81 FR 30614 (May 17, 2016). Pursuant to Section 19(b)(1) of the 3 Unless otherwise specified, capitalized terms 10 Securities Exchange Act Rel. No. 79318 used in this rule filing are defined as set forth (November 15, 2016), 81 FR 84696 (November 23, Securities Exchange Act of 1934 (‘‘Act’’ herein, or in the Consolidated Audit Trail Funding 2016) (‘‘Approval Order’’). Fees Rule, the CAT Compliance Rule Series or in 11 The Plan also serves as the limited liability 21 17 CFR 200.30–3(a)(12). the CAT NMS Plan. company agreement for the Company.

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implemented by the Participants (‘‘CAT initiated by an Industry Member with in support of the application, the same Fees’’).12 The Participants are required respect to CAT Fees charged to such should be so stated and identified. to file with the SEC under Section 19(b) Industry Member pursuant to the The Company will refer applications of the Exchange Act any such CAT Fees Consolidated Audit Trail Funding Fees, for hearing and review promptly to the applicable to Industry Members that the including disputes related to the Subcommittee designated by the Operating Committee approves.13 designated tier and the fee calculated Operating Committee pursuant to Accordingly, the Exchange has filed a pursuant to such tier, shall be resolved Section 4.12 of the CAT NMS Plan with proposed rule change with the SEC to by the Operating Committee, or a responsibility for conducting the adopt the Consolidated Audit Trail Subcommittee designated by the reviews of CAT Fee disputes pursuant Funding Fees, which will require Operating Committee, of the CAT NMS to these Procedures. This Subcommittee Industry Members that are Exchange Plan, pursuant to the Fee Dispute will be referred to as the Fee Review members to pay the CAT Fees Resolution Procedures adopted Subcommittee. The members of the Fee determined by the Operating pursuant to the CAT NMS Plan and set Review Subcommittee will be subject to Committee.14 The Exchange submits forth in paragraph (c) of Proposed Rule the provisions of Section 4.3(d) of the this rule filing to adopt Rule 912 912. Decisions on such matters shall be CAT NMS Plan regarding recusal and (Consolidated Audit Trail—Fee Dispute binding on Industry Members, without Conflicts of Interest. The Fee Review Resolution) to establish the procedures prejudice to the rights of any such Subcommittee will keep a record of the for resolving potential disputes related Industry Member to seek redress from proceedings. to CAT Fees charged to Industry the SEC or in any other appropriate The Fee Review Subcommittee will Members. The proposed rules are forum. hold hearings promptly. The Fee described below. The Operating Committee has Review Subcommittee will set a hearing date. The parties to the hearing shall (1) Definitions adopted ‘‘Fee Dispute Resolution Procedures’’ governing the manner in furnish the Fee Review Subcommittee Paragraph (a) of Proposed Rule 912 which disputes regarding CAT Fees with all materials relevant to the sets forth the definitions for Proposed charged pursuant to the Consolidated proceedings at least 72 hours prior to Rule 912. Paragraph (a)(1) of Proposed Audit Trail Funding Fees will be the date of the hearing. Each party will Rule 912 states that, for purposes of addressed. These Fee Dispute have the right to inspect and copy the Rule 912, the terms ‘‘CAT NMS Plan’’, Resolution Procedures, as they relate to other party’s materials prior to the ‘‘Industry Member’’, ‘‘Operating Industry Members, are set forth in hearing. Committee’’, and ‘‘Participant’’ are The parties to the hearing will consist paragraph (c) of Proposed Rule 912. defined as set forth in the Rule 900 of the applicant and a representative of Specifically, the Fee Dispute Resolution (Consolidated Audit Trail—Definitions), the Company who shall present the Procedures provide the procedure for and the term ‘‘CAT Fee’’ is defined as reasons for the action taken by the Industry Members that dispute CAT set forth in the Consolidated Audit Trail Company that allegedly aggrieved the Fees charged to such Industry Member Funding Fees. In addition, the Exchange applicant. The applicant is entitled to be pursuant to one or more of the proposes to add paragraph (a)(2) to accompanied, represented and advised Participants’ Consolidated Audit Trail Proposed Rule 912. New paragraph by counsel at all stages of the Funding Fees Rules, including disputes (a)(2) would define the term proceedings. related to the designated tier and the fee ‘‘Subcommittee’’ to mean a The Fee Review Subcommittee will subcommittee designated by the calculated pursuant to such tier, to determine all questions concerning the Operating Committee pursuant to the apply for an opportunity to be heard admissibility of evidence and will CAT NMS Plan. This definition is the and to have the CAT Fees charged to otherwise regulate the conduct of the same substantive definition as set forth such Industry Member reviewed. The hearing. Each of the parties will be in Section 1.1 of the CAT NMS Plan. Procedures are modeled after the permitted to make an opening adverse action procedures adopted by statement, present witnesses and (2) Fee Dispute Resolution 15 various exchanges, and will be posted documentary evidence, cross examine Section 11.5 of the CAT NMS Plan on the Web site for the CAT NMS Plan opposing witnesses and present closing 16 requires Participants to adopt rules Web site. arguments orally or in writing as requiring that disputes with respect to Under these Procedures, an Industry determined by the Fee Review fees charged to Industry Members Member that disputes CAT Fees charged Subcommittee. The Fee Review pursuant to the CAT NMS Plan be to such Industry Member and that Subcommittee also will have the right to determined by the Operating Committee desires to have an opportunity to be question all parties and witnesses to the or Subcommittee. Section 11.5 of the heard with respect to such disputed proceeding. The Fee Review CAT NMS Plan also states that decisions CAT Fees must file a written application Subcommittee must keep a record of the by the Operating Committee or with the Company within 15 business hearing. The formal rules of evidence Subcommittee on such matters shall be days after being notified of such will not apply. binding on Industry Members, without disputed CAT Fees. The application The Fee Review Subcommittee must prejudice to the right of any Industry must identify the disputed CAT Fees, set forth its decision in writing and send Member to seek redress from the SEC state the specific reasons why the the written decision to the parties to the pursuant to SEC Rule 608 or in any applicant takes exception to such CAT proceeding. Such decisions will contain other appropriate forum. The Exchange Fees, and set forth the relief sought. In the reasons supporting the conclusions proposes to adopt paragraph (b) of addition, if the applicant intends to of the Fee Review Subcommittee. Proposed Rule 912. Paragraph (b) of submit any additional documents, The decision of the Fee Review Proposed Rule 912 states that disputes statements, arguments or other material Subcommittee will be subject to review by the Operating Committee either on 12 Section 11.1(b) of the CAT NMS Plan. 15 See, e.g., Chapter X of BATS BZX Exchange, its own motion within 20 business days 13 Inc. (Adverse Action); and Chapter X of NYSE Id. after issuance of the decision or upon 14 See Securities Exchange Act Release No. 80713 National, Inc. (Adverse Action). (May 18, 2017), 82 FR 23956 (May 24, 2017) (SR– 16 The CAT NMS Plan Web site is written request submitted by the GEMX–2017–17). www.catnmsplan.com. applicant within 15 business days after

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issuance of the decision. The applicant’s Finally, an Industry Member that files impediments to, and perfect the petition must be in writing and must a written application with the Company mechanism of a national market system, specify the findings and conclusions to regarding disputed CAT Fees in or is otherwise in furtherance of the which the applicant objects, together accordance with these Procedures is not purposes of the Act.’’ 19 To the extent with the reasons for such objections. required to pay such disputed CAT Fees that this proposal implements, Any objection to a decision not until the dispute is resolved in interprets or clarifies the Plan and specified in writing will be considered accordance with these Procedures, applies specific requirements to to have been abandoned and may be including any review by the SEC or in Industry Members, the Exchange disregarded. Parties may petition to any other appropriate forum. For these believes that this proposal furthers the submit a written argument to the purposes, the disputed CAT Fees means objectives of the Plan, as identified by Operating Committee and may request the amount of the invoiced CAT Fees the SEC, and is therefore consistent with an opportunity to make an oral that the Industry Member has asserted the Act. argument before the Operating pursuant to these Procedures that such Committee. The Operating Committee Industry Member does not owe to the B. Self-Regulatory Organization’s will have sole discretion to grant or Company. The Industry Member must Statement on Burden on Competition deny either request. pay any invoiced CAT Fees that are not 20 The Operating Committee will disputed CAT Fees when due as set Section 6(b)(8) of the Act requires conduct the review. The review will be forth in the original invoice. that Exchange rules not impose any made upon the record and will be made Once the dispute regarding CAT Fees burden on competition that is not after such further proceedings, if any, as is resolved pursuant to these necessary or appropriate. The Exchange the Operating Committee may order. Procedures, if it is determined that the does not believe that the proposed rule Based upon such record, the Operating Industry Member owes any of the change will impose any burden on Committee may affirm, reverse or disputed CAT Fees, then the Industry competition not necessary or modify, in whole or in part, the decision Member must pay such disputed CAT appropriate in furtherance of the of the Fee Review Subcommittee. The Fees that are owed as well as interest on purposes of the Act. The Exchange notes decision of the Operating Committee such disputed CAT Fees from the that the proposed rule change will be in writing, will be sent to the original due date (that is, 30 days after implements Section 11.5 of the CAT parties to the proceeding and will be receipt of the original invoice of such NMS Plan approved by the Commission, final. CAT Fees) until such disputed CAT and is designed to assist the Exchange The Procedures state that a final Fees are paid at a per annum rate equal in meeting its regulatory obligations decision regarding the disputed CAT to the lesser of (i) the Prime Rate plus pursuant to the Plan. Similarly, all Fees by the Operating Committee, or the 300 basis points, or (ii) the maximum national securities exchanges and Fee Review Subcommittee (if there is no rate permitted by applicable law. FINRA are proposing this proposed rule review by the Operating Committee), 2. Statutory Basis to implement the requirements of the must be provided within 90 days of the CAT NMS Plan. Therefore, this is not a date on which the Industry Member The Exchange believes that the competitive rule filing and, therefore, it filed a written application regarding proposed rule change is consistent with does not raise competition issues disputed CAT Fees with the Company. the provisions of Section 6(b)(5) of the between and among the exchanges and 17 The Operating Committee may extend Act, which requires, among other FINRA. the 90-day time limit at its discretion. things, that the Exchange rules must be In addition, the Procedures state that designed to prevent fraudulent and C. Self-Regulatory Organization’s any notices or other documents may be manipulative acts and practices, to Statement on Comments on the served upon the applicant either promote just and equitable principles of Proposed Rule Change Received From personally or by leaving the same at its, trade, and, in general, to protect Members, Participants, or Others his or her place of business or by investors and the public interest, and deposit in the United States post office, not designed to permit unfair No written comments were either postage prepaid, by registered or discrimination between customers, solicited or received. certified mail, addressed to the issuers, brokers and dealer [sic], and III. Date of Effectiveness of the applicant at its, his or her last known Section 6(b)(4) of the Act,18 which Proposed Rule Change and Timing for business or residence address. The requires that Exchange rules provide for Commission Action Procedures also state that any time the equitable allocation of reasonable limits imposed under the Procedures for dues, fees, and other charges among Within 45 days of the date of the submission of answers, petitions or members and issuers and other persons publication of this notice in the Federal other materials may be extended by using its facilities. Register or within such longer period permission of the Operating Committee. The Exchange believes that this up to 90 days (i) as the Commission may All papers and documents relating to proposal is consistent with the Act designate if it finds such longer period review by the Fee Review Subcommittee because it implements, interprets or to be appropriate and publishes its or the Operating Committee must be clarifies Section 11.5 of the Plan, and is reasons for so finding or (ii) as to which submitted to the Fee Review designed to assist the Exchange and its the Exchange consents, the Commission Subcommittee or Operating Committee, Industry Members in meeting regulatory will: as applicable. obligations pursuant to the Plan. In (A) By order approve or disapprove The Procedures also note that approving the Plan, the SEC noted that such proposed rule change, or decisions on such CAT Fee disputes the Plan ‘‘is necessary and appropriate made pursuant to these Procedures will in the public interest, for the protection (B) institute proceedings to determine be binding on Industry Members, of investors and the maintenance of fair whether the proposed rule change without prejudice to the rights of any and orderly markets, to remove should be disapproved. such Industry Member to seek redress from the SEC or in any other 17 15 U.S.C. 78f(b)(5). 19 Approval Order at 84697. appropriate forum. 18 15 U.S.C. 78f(b)(4). 20 15 U.S.C. 78f(b)(8).

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IV. Solicitation of Comments For the Commission, by the Division of Office Building, Washington, DC 20503, Trading and Markets, pursuant to delegated or by sending an email to: Shagufta_ Interested persons are invited to authority.21 [email protected]; and (ii) Pamela submit written data, views, and Eduardo A. Aleman, Dyson, Director/Chief Information arguments concerning the foregoing, Assistant Secretary. Officer, Securities and Exchange including whether the proposed rule [FR Doc. 2017–13101 Filed 6–22–17; 8:45 am] Commission, c/o Remi Pavlik-Simon, change is consistent with the Act. BILLING CODE 8011–01–P 100 F Street NE., Washington, DC 20549 Comments may be submitted by any of or send an email to: PRA_Mailbox@ the following methods: sec.gov. Comments must be submitted to SECURITIES AND EXCHANGE OMB within 30 days of this notice. Electronic Comments COMMISSION Dated: June 19, 2017. • Use the Commission’s Internet Submission for OMB Review; Eduardo A. Aleman, comment form (http://www.sec.gov/ Comment Request Assistant Secretary. rules/sro.shtml); or [FR Doc. 2017–13140 Filed 6–22–17; 8:45 am] Upon Written Request Copies Available • Send an email to rule-comments@ BILLING CODE 8011–01–P sec.gov. Please include File Number SR– From: Securities and Exchange Commission, Office of FOIA Services, GEMX–2017–24 on the subject line. 100 F Street NE., Washington, DC SECURITIES AND EXCHANGE Paper Comments 20549–2736 COMMISSION • Send paper comments in triplicate Extension: Form F–4. SEC File No. 270–288, OMB Submission for OMB Review; to Secretary, Securities and Exchange Control No. 3235–0325 Comment Request Commission, 100 F Street NE., Notice is hereby given that, pursuant Upon Written Request Copies Available Washington, DC 20549–1090. to the Paperwork Reduction Act of 1995 From: Securities and Exchange (44 U.S.C. 3501 et seq.), the Securities All submissions should refer to File Commission, Office of FOIA Services, and Exchange Commission Number SR–GEMX–2017–24. This file 100 F Street NE., Washington, DC (‘‘Commission’’) has submitted to the number should be included on the 20549–2736. Office of Management and Budget this subject line if email is used. To help the request for extension of the previously Extension: Commission process and review your approved collection of information Rule 163. SEC File No. 270–556, OMB comments more efficiently, please use discussed below. Control No. 3235–0619. only one method. The Commission will Form F–4 (17 CFR 239.34) is used by Notice is hereby given that, pursuant post all comments on the Commission’s foreign issuers to register securities in to the Paperwork Reduction Act of 1995 Internet Web site (http://www.sec.gov/ business combinations, reorganizations (44 U.S.C. 3501 et seq.), the Securities rules/sro.shtml). Copies of the and exchange offers pursuant to federal and Exchange Commission submission, all subsequent securities laws pursuant to the (‘‘Commission’’) has submitted to the amendments, all written statements Securities Act of 1933 (15 U.S.C. 77a et Office of Management and Budget this with respect to the proposed rule seq.). The information collected is request for extension of the previously change that are filed with the intended to ensure that the information approved collection of information Commission, and all written required to be filed by the Commission discussed below. communications relating to the permits verification of compliance with Rule 163 (17 CFR 230.163) provides proposed rule change between the securities law requirements and assures an exemption from section 5(c) (15 Commission and any person, other than the public availability of such U.S.C. 77e(c)) under the Securities Act those that may be withheld from the information. The information provided of 1933 (15 U.S.C. 77a et seq.) for certain public in accordance with the is mandatory and all information is communications by or on behalf of a provisions of 5 U.S.C. 552, will be made available to the public upon well-known seasoned issuer. The available for Web site viewing and request. Form F–4 takes approximately information filed under Rule 163 is printing in the Commission’s Public 1,457 hours per response and is filed by publicly available. We estimate that it Reference Room, 100 F Street NE., approximately 39 respondents. We takes approximately 0.24 burden hours Washington, DC 20549, on official estimate that 25% of the 1,457 hours per per response to provide the information business days between the hours of response (364.25 hours) is prepared by required under Rule 163 and is filed by the registrant for a total annual reporting approximately 53 issuers. We estimate 10:00 a.m. and 3:00 p.m. Copies of the burden of 14,206 hours (364.25 hours that 25% of the 0.24 hours per response filing also will be available for per response × 39 responses). (0.06 hours) is prepared by the issuer for inspection and copying at the principal An agency may not conduct or an annual reporting burden of 3 hours office of the Exchange. All comments sponsor, and a person is not required to (0.06 hours per response × 53 received will be posted without change; respond to, a collection of information responses). the Commission does not edit personal unless it displays a currently valid An agency may not conduct or identifying information from control number. sponsor, and a person is not required to submissions. You should submit only The public may view the background respond to, a collection of information information that you wish to make documentation for this information unless it displays a currently valid available publicly. All submissions collection at the following Web site, control number. should refer to File Number SR–GEMX– www.reginfo.gov . Comments should be The public may view the background 2017–24, and should be submitted on or directed to: (i) Desk Officer for the documentation for this information before July 14, 2017. Securities and Exchange Commission, collection at the following Web site, Office of Information and Regulatory www.reginfo.gov . Comments should be Affairs, Office of Management and directed to: (i) Desk Officer for the 21 17 CFR 200.30–3(a)(12). Budget, Room 10102, New Executive Securities and Exchange Commission,

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Office of Information and Regulatory .cchwallstreet.com/, at the principal rules of FINRA (the ‘‘Common Rules’’) Affairs, Office of Management and office of the Exchange, and at the identified in the 17d–2 Agreement. Budget, Room 10102, New Executive Commission’s Public Reference Room. Phlx Rule 1049, Communications to Office Building, Washington, DC 20503, Customers, is not currently a Common II. Self-Regulatory Organization’s or by sending an email to: Shagufta_ Rule under the 17d–2 Agreement. Rule Statement of the Purpose of, and [email protected]; and (ii) Pamela 1049 sets forth a range of requirements Statutory Basis for, the Proposed Rule Dyson, Director/Chief Information applicable to members, member Change Officer, Securities and Exchange organizations, or persons associated Commission, c/o Remi Pavlik-Simon, In its filing with the Commission, the with a member organization utilizing 100 F Street NE., Washington, DC 20549 Exchange included statements any advertisement, educational or send an email to: PRA_Mailbox@ concerning the purpose of and basis for material, sales literature or other sec.gov. Comments must be submitted to the proposed rule change and discussed communications to any customer or OMB within 30 days of this notice. any comments it received on the member of the public. The purpose of this proposed rule change is to update, Dated: June 19, 2017. proposed rule change. The text of these statements may be examined at the clarify and conform Rule 1049 to the Eduardo A. Aleman, rules of FINRA and other options Assistant Secretary. places specified in Item IV below. The Exchange has prepared summaries, set exchanges regarding options [FR Doc. 2017–13142 Filed 6–22–17; 8:45 am] forth in sections A, B, and C below, of communications to customers that are BILLING CODE 8011–01–P the most significant aspects of such included as Common Rules under the statements. 17d–2 Agreement, so that it too may qualify as a Common Rule under the SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s 17d–2 Agreement. The proposed rule COMMISSION Statement of the Purpose of, and change would make both organizational [Release No. 34–80972; File No. SR–Phlx– Statutory Basis for, the Proposed Rule and substantive changes that have 2017–39] Change previously been made by other 1. Purpose exchanges in order to conform to FINRA Self-Regulatory Organizations; rules.4 NASDAQ PHLX LLC; Notice of Filing The Exchange is a party to a 17d–2 Specifically, this proposed rule and Immediate Effectiveness of agreement with the Financial Industry change is based upon, and makes Proposed Rule Change To Amend Rule Regulatory Authority, Inc. (‘‘FINRA’’) changes that have previously been made 1049, Communications to Customers and other options exchanges (the to, Chicago Board Options Exchange ‘‘Options Multiparty 17d–2 Agreement’’ (‘‘CBOE’’) Rule 9.21 (a Common Rule) June 19, 2017. or the ‘‘17d–2 Agreement’’).3 The 17d– over the past ten years, on a cumulative Pursuant to Section 19(b)(1) of the 2 Agreement allocates regulatory basis, by SR–CBOE–2013–043;5 SR– Securities Exchange Act of 1934 CBOE–2010–035 6 and SR–CBOE–2007– 1 2 responsibilities with respect to broker- (‘‘Act’’), and Rule 19b–4 thereunder, dealers, and persons associated 30.7 Current Phlx Rule 1049 is very notice is hereby given that on June 8, therewith, that are members of more similar in content and organization to 2017, NASDAQ PHLX LLC (‘‘Phlx’’ or than one Participant (the ‘‘Common CBOE Rule 9.21 as it existed prior to ‘‘Exchange’’) filed with the Securities Members’’) and conduct a public approval of SR–CBOE–2007–30. Upon and Exchange Commission (‘‘SEC’’ or business for compliance with specified implementation of the amendments ‘‘Commission’’) the proposed rule common rules relating to the conduct by proposed herein, Exchange Rule 1049 change as described in Items I, II, and broker-dealers and associated persons of would once again track CBOE Rule 9.21 III, below, which Items have been accounts for listed options, index nearly word for word.8 The prepared by the Exchange. The warrants, currency index warrants, and Commission is publishing this notice to currency warrants (collectively, 4 See, e.g., FINRA Rule 2220, CBOE Rule 9.21, MIAX Rule 1322, and ISE Rule 623. solicit comments on the proposed rule ‘‘Covered Securities’’). Pursuant to the change from interested persons. 5 See Securities Exchange Act Release 69807 17d–2 Agreement, FINRA is the (June 20, 2013), 78 FR 38423 (June 26, 2013) (SR– I. Self-Regulatory Organization’s Designated Options Examining CBOE–2013–043) Statement of the Terms of Substance of Authority (‘‘DOEA’’) for its broker- 6 See Securities Exchange Act Release No. 62034 the Proposed Rule Change dealer members that also are members (May 4, 2010), 75 FR 26303 (May 10, 2010) (SR– CBOE–2010–35). This was an interim rule change of Phlx. Thus, FINRA has certain The Exchange proposes to amend relating to market letters which are no longer examination and enforcement Rule 1049, Communications to addressed in CBOE rules and are thus not addressed responsibilities relating to compliance in this proposed rule change. Customers. The proposed rule change is by Common Members with the rules of 7 See Securities Exchange Act Release No. 58823 intended to update and modernize Rule Phlx that are substantially similar to the (October 21, 2008), 73 FR 63747 (October 28, 2008) 1049, to be retitled ‘‘Options (SR–CBOE–2007–30). Communications,’’ and to conform it to 8 The only substantive difference between CBOE rules of other options exchanges 3 See Agreement by and among Bats BZX Rule 9.21 and proposed Phlx Rule 1049 is with Exchange, Inc., BOX Options Exchange, LLC, the respect to index warrants. Current Phlx Rule 1049 regarding communications to customers. Chicago Board Options Exchange, Incorporated, C2 states at section (f) that the provisions of Rule 1049 It makes both organizational and Options Exchange, Incorporated, the International are applicable to index warrants, and at substantive changes that have Securities Exchange, LLC, Financial Industry Commentary .05 that, for purposes of the rule the previously been made by other options Regulatory Authority, Inc., Miami International term ‘‘option’’ is deemed to include index warrants Securities Exchange, LLC, the NYSE MKT LLC, the and the term ‘‘The Options Clearing Corporation’’ exchanges. NYSE Arca, Inc., The NASDAQ Stock Market LLC, is deemed to mean the issuer(s) of such warrants. The text of the proposed rule change NASDAQ BX, Inc., the NASDAQ PHLX LLC, ISE CBOE Rule 9.21 does not contain comparable is available on the Exchange’s Web Gemini, LLC, Bats EDGX Exchange, Inc., ISE provisions. No changes are proposed with respect site at http://nasdaqphlx Mercury, LLC and MIAX PEARL, LLC, Pursuant to to these provisions. Provisions relating to index Rule 17d–2 under the Securities Exchange Act of warrants were added to Rule 1049 by Phlx in 1994 1934. See also Securities Exchange Act Release No. as part of a comprehensive proposed rule change 1 15 U.S.C. 78s(b)(1). 79929 (February 2, 2017), 82 FR 9757 (February 8, establishing rules for the listing and trading of stock 2 17 CFR 240.19b–4. 2017). index, currency and currency index warrants. See

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amendments, if adopted, would provide ‘‘retail communication’’ would be proposed Rule 1049(a). Current Rule a more uniform approach to defined to mean any written (including 1049(b) which imposes an obligation to communications to customers regarding electronic) communication that is obtain advance approval by a Registered standardized options. The proposed distributed or made available to more Options Principal (‘‘ROP’’) for most changes are discussed below. than 25 retail investors within any 30 options communications, would be calendar-day period. replaced by new language set forth in Redesignation of Rule 1049(e) to The Exchange proposes Rule 1049(b)(i)–(iv). Rule 1049(b)(i) Proposed Rule 1049(a) and New corresponding amendments throughout would preserve this requirement with Definitions Rule 1049 to the provisions referring to respect to retail communications. Rule 1049(e) currently defines terms advertisement, educational material and However, proposed Rule 1049(b)(ii) used in Rule 1049. Phlx proposes to sales literature, including deletion of would remove correspondence, as redesignate paragraph (e) as paragraph Commentary .02A of Rule 1049, which defined in Rule 1049(a), from the pre- (a). Phlx also proposes to delete the outlines what is permitted in an approval requirement. All existing definitions of ‘‘advertisement’’,9 advertisement, and Commentary .03 of correspondence would, however, be ‘‘educational material’’ 10 and ‘‘sales Rule 1049, which concerns the content subject to general supervision and literature’’,11 and to add new definitions of educational material. review requirements.14 Additionally, of ‘‘correspondence’’, ‘‘institutional proposed Rule 1049(b)(iii) would Relocation of Rule 1049(a) to Proposed communication’’ and ‘‘retail remove institutional communications, Rule 1049(d) communication’’ which collectively as defined in Rule 1049(a), from the pre- would constitute ‘‘options Rule 1049(a) currently contains an approval requirement, but would communications’’ under the revised outline of the ‘‘General Rule’’ for require each member or member rule. These new terms are necessary options communications. Phlx proposes organization to establish written because FINRA, in reframing its to redesignate Rule 1049(a) as Rule procedures that are appropriate to its customer communications rule, 1049(d), and to incorporate limitations business, size, structure, and customers previously adopted these new terms to on the use of options communications for review by a ROP of institutional describe various categories of currently contained in Commentary .01 communications used by the member or communications. The term of Rule 1049 into proposed Rule member organization. ‘‘correspondence’’ would include any 1049(d).13 In addition, proposed Rule Finally, proposed Rule 1049(b)(iv) written (including electronic) 1049(d)(iii) would amend current Rule would require copies of the options communication distributed or made 1049(a)(iii) by clarifying the types of communications to be retained by the available to 25 or fewer retail customers cautionary statements and caveats that member or member organization in within any 30 calendar-day period. The are prohibited. The Exchange is accordance with Rule 17a–4 15 under the term ‘‘institutional communication’’ proposing to relocate to Rule 1049(d), Securities Exchange Act of 1934. The would include any written (including and slightly modify, language currently names of the persons who prepared the electronic) communication concerning found in Rule 1049 Commentary .01 options communications, the names of options that is distributed or made governing acceptable content of options the persons who approved the options available only to institutional investors, communications. Section A of Rule communications, and the source of any but would not include a member’s 1049 Commentary .04 currently sets recommendations contained therein internal communications.12 Finally, forth the requirement that ‘‘sales would also be required to be retained by literature’’ shall state that supporting the member or member organization and Securities Exchange Act Release No. 36167 (August documentation for any claims, kept in the form and for the time 29, 1995), 60 FR 46667 (September 7, 1995). comparisons, recommendations, periods required for options 9 The term ‘‘advertisement’’ is currently defined statistics or other technical data, will be communications by Rule 17a–4. in Rule 1049(e) as including any sales material that reaches a mass audience through public media such supplied upon request. The Exchange Proposed Amendments to Rule 1049(c) as newspapers, periodicals, magazines, radio, proposes to redesignate Section A of television, telephone recording, motion picture, Rule 1049 Commentary .04 as proposed Rule 1049(c) currently requires audio or video device, telecommunications device, Rule 1049(d)(vii), which would have the members to obtain approval from the billboards, signs, or through written Exchange for every advertisement and communications to customers or the public not effect of making those conditions required to be accompanied or preceded by one or applicable to options communications all educational material. This more current Options Disclosure Documents. as defined in proposed Rule 1049 rather requirement applies regardless of 10 The term ‘‘educational material’’ is currently than to the deleted term ‘‘sales whether the options communications defined in Rule 1049(e)(ii) as including any literature.’’ Proposed Rule 1049(d)(viii) are used before or after the delivery of explanatory material distributed or made generally a current ODD. Phlx proposes to amend available to customers or the public that is limited would provide that certain aspects of to information describing the general nature of the the General Rule set forth in paragraphs this provision to require Exchange standardized options markets or one or more (vi) and (vii) are inapplicable to approval only with respect to retail strategies. institutional communications. communications of a member or 11 The term ‘‘sales literature’’ is currently defined member organization pertaining to in Rule 1049(e)(iii) as including any written Proposed Amendments to Rule 1049(b) communication (not defined as an ‘‘advertisement’’ standardized options that is not or as ‘‘educational material’’) distributed or made Phlx proposes to amend Rule 1049(b) accompanied or preceded by the available to customers or the public that contains to include the types of communications applicable current ODD. Such retail any analysis, performance report, projection or proposed to be added to the definition communications would be required to recommendation with respect to options, underlying securities or market conditions, any of ‘‘options communications’’ in be submitted at least ten calendar days standard forms of worksheets, or any seminar text prior to use (or such shorter period as which pertains to options and which is 13 Current Rule 1049(d), which limits the the Exchange may allow in particular communicated to customers or the public at dissemination of written materials respecting instances). The Exchange pre-approval seminars, lectures or similar such events, or any options to persons who have not received the requirement for options Exchange-produced materials pertaining to options. current Options Disclosure Document (‘‘ODD’’), 12 The term institutional investor would mean would be deleted. Rules governing communications any qualified investor as defined in Section 3(a)(54) prior to or after delivery of the current ODD would 14 See Phlx Rule 1025. of the Securities Exchange Act of 1934. be set forth in new Rule 1049(e). 15 17 CFR 240.17a–4.

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communications used subsequent to the incorporated into proposed Rule the Exchange to be so organized as to delivery of the ODD is being eliminated 1049(e)(ii). Proposed Rule 1049(e)(i) have the capacity to be able to carry out because the ODD is designed to alert the would limit all options communications the purposes of the Act and to comply, customer to the characteristics and risks that are not preceded or accompanied and to enforce compliance by its associated with trading in options. by the ODD. members with the provisions of the Act, Rule 1049(c) would also be amended Proposed Commentary .03, Historical the rules and regulations thereunder, to delete references to ‘‘advertisements’’ Performance, would be revised to and the rules of the Exchange. and ‘‘educational material,’’ which as amend and include the provisions In its most recent approval order for discussed above would no longer be currently found in Section C of the 17d–2 Agreement 20 the Commission defined, and to include instead the Commentary .04 pertaining to standards noted that Section 19(g)(1) of the Act,21 types of communications added to the for sales literature that contains among other things, requires every self- definition of ‘‘options communications’’ historical performance figures. These regulatory organization (‘‘SRO’’) in proposed Rule 1049(a). The Exchange provisions would be amended to apply registered as either a national securities is also proposing to add language which to options communications rather than exchange or national securities would further exempt the ODD and a to the deleted defined term sales association to examine for, and enforce prospectus from Exchange review as literature. Existing Commentary .03, compliance by, its members and persons these documents have other further which concerns the content of associated with its members with the requirements under the Securities Act of educational material (another defined Act, the rules and regulations 1933. term proposed to be deleted), is thereunder, and the SRO’s own rules, proposed to be deleted as noted above. Proposed Rule 1049(e) unless the SRO is relieved of this Proposed Rule 1049(e)(i) would limit all responsibility pursuant to Section Proposed new Rule 1049(e) would set options communications that are not 17(d) 22 or Section 19(g)(2) 23 of the Act. forth (i) standards for options preceded or accompanied by the ODD. communications that are not preceded Proposed Commentary .04, Options Without this relief, the statutory or accompanied by an ODD and (ii) Programs, would contain the provisions obligation of each individual SRO could standards for options communications of current Section D of Commentary .04, result in a pattern of multiple used prior to delivery of an ODD. These and would require communications examinations of broker-dealers that requirements generally would clarify regarding an options program (i.e., an maintain memberships in more than one and restate the requirements contained investment plan employing the SRO (‘‘common members’’). In its in the current Commentary .02A of Rule systematic use of one or more options decision, the Commission noted that 1049 which, as noted above, would be strategies), the cumulative history or such regulatory duplication would add deleted. unproven nature of the program and its unnecessary expenses for common members and their SROs. Finally, it Proposed Amendments to Rule 1049 underlying assumptions to be disclosed. observed that under paragraph (c) of Commentary Sections Commentary .04 currently sets forth the standards applicable to ‘‘Sales Rule 17d–2, the Commission may Proposed new Commentary .01 would Literature.’’ The Exchange proposes to declare joint plans for the allocation of include and amend the provisions delete existing Sections E, F and G of regulatory responsibilities with respect found in current Section A of Commentary .04 dealing with to their common members effective if, Commentary .02 regarding how the Rule worksheets and recordkeeping with after providing for notice and comment, 1049(e)(i)(B) requirement that options respect to communications that portray it determines that the plan is necessary communications contain contact performance of past recommendations or appropriate in the public interest and information for obtaining a copy of the or actual transactions, in favor of the for the protection of investors, to foster ODD may be satisfied. As noted above, new customer communications rules cooperation and coordination among the the current provisions of Commentary applicable to options communications SROs, to remove impediments to, and .01 regarding limitations on the use of generally that are consistent with those foster the development of, a national options communications are proposed of other options exchanges. market system and a national clearance to be incorporated into proposed Rule and settlement system, and is in 1049(d).16 2. Statutory Basis conformity with the factors set forth in Proposed Commentary .02, The Exchange believes that its Section 17(d) of the Act. Projections, would be revised to amend proposal is consistent with Section 6(b) and include the provisions currently The 17d–2 Plan covering the Common of the Act,17 in general, and furthers the Rules is designed to eliminate located in Section B of Commentary .04, objectives of Section 6(b)(5) of the Act,18 which pertain to standards for ‘‘Sales regulatory duplication and unnecessary in particular, in that it is designed to Literature’’ that contains projected expense for common members and the promote just and equitable principles of performance figures. These provisions SROs including Phlx, with respect to trade, to remove impediments to and would be amended to apply to options the Common Rules. By amending Rule perfect the mechanism of a free and communications rather than to the 1049 so that it, like CBOE Rule 9.21, is open market and a national market deleted defined term Sales Literature. ‘‘substantially similar’’ to the FINRA system, and to protect investors and the As previously noted, the provisions of rules of similar purpose and therefore public interest, by conforming Rule Commentary .02 that outline what is eligible to become a Common Rule for 1049 more closely to the Common Rules permitted in an advertisement are purposes of the 17d–2 Agreement, the regarding options communications proposed to be deleted, and the Exchange is eliminating regulatory under the 17d–2 Agreement. By doing provisions relating to standards for duplication and unnecessary expense as so, the proposal also furthers the contemplated by Commission Rule 17d– options communications used prior to 19 delivery of the ODD are proposed to be objectives of Section 6(b)(1) of the Act as the amendments would better enable 20 See Securities and Exchange Act Release No. 16 Commentary .01 Section A contains an 79929 (February 2, 2017). example which is not being incorporated into 17 15 U.S.C. 78f(b). 21 15 U.S.C. 78s(g)(1). proposed Rule 1049(d), as it is not found in CBOE 18 15 U.S.C. 78f(b)(5). 22 15 U.S.C. 78q(d)(1). Rule 9.21(d). 19 15 U.S.C. 78f(b)(1). 23 15 U.S.C. 78s(g)(2).

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2, and facilitating more efficient At any time within 60 days of the submissions. You should submit only regulatory compliance by its members.24 filing of the proposed rule change, the information that you wish to make Additionally, the modernization of Commission summarily may available publicly. Rule 1049 promotes just and equitable temporarily suspend such rule change if All submissions should refer to File principles of trade, removes it appears to the Commission that such Number SR–Phlx–2017–39 and should impediments to and perfects the action is: (i) Necessary or appropriate in be submitted on or before July 14, 2017. mechanism of a free and open market the public interest; (ii) for the protection For the Commission, by the Division of and a national market system, and of investors; or (iii) otherwise in Trading and Markets, pursuant to delegated protects investors and the public furtherance of the purposes of the Act. authority.27 interest, because it is designed to alert If the Commission takes such action, the Eduardo A. Aleman, members to requirements with respect Commission shall institute proceedings Assistant Secretary. to options communications and to bring to determine whether the proposed rule [FR Doc. 2017–13103 Filed 6–22–17; 8:45 am] clarity to its members and the public should be approved or disapproved. BILLING CODE 8011–01–P regarding the Exchange’s options IV. Solicitation of Comments communications rule. The Exchange therefore believes that the proposed rule Interested persons are invited to SECURITIES AND EXCHANGE change will help ensure that investors submit written data, views, and COMMISSION are protected from potentially false or arguments concerning the foregoing, misleading communications with the including whether the proposed rule Submission for OMB Review; change is consistent with the Act. public distributed by Exchange Comment Request Comments may be submitted by any of members. the following methods: Upon Written Request Copies Available B. Self-Regulatory Organization’s From: Securities and Exchange Electronic Comments Statement on Burden on Competition Commission, Office of FOIA Services, • Use the Commission’s Internet 100 F Street NE., Washington, DC The Exchange does not believe that comment form (http://www.sec.gov/ 20549–2736. the amendments to Rule 1049 proposed rules/sro.shtml); or Extension: herein will impose any burden on • Send an email to rule-comments@ Rule 701. SEC File No. 270–306, OMB competition not necessary or sec.gov. Please include File Number SR– Control No. 3235–0522. appropriate in furtherance of the Phlx–2017–39 on the subject line. purposes of the Act inasmuch as the Notice is hereby given that, pursuant amendments conform Rule 1049 more Paper Comments to the Paperwork Reduction Act of 1995 closely to the Common Rules regarding • Send paper comments in triplicate (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission options communications to customers to Secretary, Securities and Exchange (‘‘Commission’’) has submitted to the under the 17d–2 Agreement. Commission, 100 F Street NE., Office of Management and Budget this Washington, DC 20549–1090. C. Self-Regulatory Organization’s request for extension of the previously Statement on Comments on the All submissions should refer to File approved collection of information Proposed Rule Change Received From Number SR–Phlx–2017–39. This file discussed below. Members, Participants, or Others number should be included on the Rule 701(17 CFR 230.701) under the subject line if email is used. To help the Securities Act of 1933 (‘‘Securities Act’’) No written comments were either Commission process and review your (15 U.S.C. 77a et seq.) provides an solicited or received. comments more efficiently, please use exemption for certain issuers from the III. Date of Effectiveness of the only one method. The Commission will registration requirements of the Proposed Rule Change and Timing for post all comments on the Commission’s Securities Act for limited offerings and Commission Action Internet Web site (http://www.sec.gov/ sales of securities issued under rules/sro.shtml). Copies of the compensatory benefit plans or contracts. Because the foregoing proposed rule submission, all subsequent The purpose of Rule 701 is to ensure change does not: (i) Significantly affect amendments, all written statements that a basic level of information is the protection of investors or the public with respect to the proposed rule available to employees and others when interest; (ii) impose any significant change that are filed with the substantial amounts of securities are burden on competition; and (iii) become Commission, and all written issued in compensatory arrangements. operative for 30 days from the date on communications relating to the Information provided under Rule 701 is which it was filed, or such shorter time proposed rule change between the mandatory. We estimate that as the Commission may designate, it has Commission and any person, other than approximately 300 companies annually become effective pursuant to Section those that may be withheld from the rely on the Rule 701 exemption and that 19(b)(3)(A)(iii) of the Act 25 and public in accordance with the it takes 2 hours to prepare each subparagraph (f)(6) of Rule 19b–4 provisions of 5 U.S.C. 552, will be response. We estimate that 25% of the thereunder.26 available for Web site viewing and 2 hours per response (0.5 hours) is printing in the Commission’s Public prepared by the company for a total 24 CBOE Rule 9.21 and FINRA Rules 2360(b)(18) Reference Room, 100 F Street NE., annual reporting burden of 150 hours and 2354 are designated as Common Rules under Washington, DC 20549, on official (0.5 hours per response × 300 the 17d–2 Agreement. business days between the hours of 25 15 U.S.C. 78s(b)(3)(A)(iii). responses). 26 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 10:00 a.m. and 3:00 p.m. Copies of the An agency may not conduct or 4(f)(6) requires a self-regulatory organization to give filing also will be available for sponsor, and a person is not required to the Commission written notice of its intent to file inspection and copying at the principal respond to, a collection of information the proposed rule change at least five business days office of the Exchange. All comments unless it displays a currently valid prior to the date of filing of the proposed rule change, or such shorter time as designated by the received will be posted without change; control number. Commission. The Exchange has satisfied this the Commission does not edit personal requirement. identifying information from 27 17 CFR 200.30–3(a)(12).

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The public may view the background II. Self-Regulatory Organization’s to the greater of (i) the proportion of the documentation for this information Statement of the Purpose of, and total size at the best price represented collection at the following Web site, Statutory Basis for, the Proposed Rule by the size of its quote, or (ii) sixty www.reginfo.gov . Comments should be Change percent (60%) of the contracts to be directed to: (i) Desk Officer for the In its filing with the Commission, the allocated if there is only one (1) other Professional Order or market maker Securities and Exchange Commission, Exchange included statements quotation at the best price, forty percent Office of Information and Regulatory concerning the purpose of and basis for (40%) if there are two (2) other Affairs, Office of Management and the proposed rule change and discussed Professional Orders and/or market Budget, Room 10102, New Executive any comments it received on the maker quotes at the best price, and Office Building, Washington, DC 20503, proposed rule change. The text of these _ thirty percent (30%) if there are more or by sending an email to: Shagufta statements may be examined at the than two (2) other Professional Orders [email protected]; and (ii) Pamela places specified in Item IV below. The and/or market maker quotes at the best Dyson, Director/Chief Information Exchange has prepared summaries, set price. Alternatively, orders for five (5) Officer, Securities and Exchange forth in sections A, B, and C below, of Commission, c/o Remi Pavlik-Simon, contracts or fewer will be executed first the most significant aspects of such by the PMM, if he is present at that 100 F Street NE., Washington, DC 20549 statements. or send an email to: PRA_Mailbox@ price. sec.gov. Comments must be submitted to A. Self-Regulatory Organization’s This enhanced allocation was OMB within 30 days of this notice. Statement of the Purpose of, and intended for the PMM when orders are allocated in the regular market, and not Dated: June 19, 2017. Statutory Basis for, the Proposed Rule Change for the allocation of an order exposed Eduardo A. Aleman, pursuant to Supplementary Material .02 Assistant Secretary. 1. Purpose to Rule 1901 (i.e., the Flash auction). [FR Doc. 2017–13144 Filed 6–22–17; 8:45 am] The purpose of the proposed rule The Exchange has notified members and BILLING CODE 8011–01–P change is to amend Chapter 19 to notify the Commission of this systems issue members of a systems issue related to pursuant to Regulation SCI. The allocations made pursuant to purpose of the proposed rule change is SECURITIES AND EXCHANGE Supplementary Material .02(a)–(b) to to provide additional notification to COMMISSION Rule 1901 (‘‘Flash auction’’). Pursuant members by noting in Chapter 19 of the [Release No. 34–80965; File No. SR–MRX– to Supplementary Material .02 to Rule Exchange’s rulebook the discrepancy 2017–07] 1901, when the automatic execution of between the allocation described in the an incoming order would result in an rule and the allocation currently being Self-Regulatory Organizations; Nasdaq impermissible Trade Through,3 such given by the Exchange’s trading system. MRX, LLC; Notice of Filing and order is exposed at the current national The Exchange is currently migrating its Immediate Effectiveness of Proposed best bid or offer (‘‘NBBO’’) to all trading system to the Nasdaq INET Rule Change To Amend Chapter 19 members, and members are given an architecture, and the allocation issue opportunity to enter responses up to the will be resolved as symbols start trading June 19, 2017. size of the order being exposed. on INET in Q3 2017. In the interim, the Pursuant to Section 19(b)(1) of the Supplementary Material .02(a)–(b) to Exchange proposes to add language to Securities Exchange Act of 1934 Rule 1901 provides that interest Chapter 19 to notify members that until 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, executed in the Flash auction is such time as symbols are migrated to notice is hereby given that on June 6, allocated in price priority, and, at the INET, Flash auction allocations 2017, Nasdaq MRX, LLC (‘‘MRX’’ or same price, Priority Customer orders pursuant to Supplementary Material ‘‘Exchange’’) filed with the Securities will be executed first in time priority .02(a)–(b) to Rule 1901 will not be and Exchange Commission (‘‘SEC’’ or and then all other interest (orders, provided as described in that rule. ‘‘Commission’’) the proposed rule quotes, and responses) will be allocated Instead, PMM quotes will be given a change as described in Items I and II pro-rata based on size. Currently, Flash auction allocation pursuant to below, which Items have been prepared however, the system is erroneously Supplementary Material .01(b)–(c) to by the Exchange. The Commission is providing the Primary Market Maker Rule 713 after Priority Customer Orders publishing this notice to solicit (‘‘PMM’’) an enhanced allocation after on the book, and ahead of Responses, comments on the proposed rule change Priority Customer Orders on the book, Professional Orders, and other market from interested persons. and ahead of Responses, Professional maker quotes, until such time as symbols are migrated to the INET I. Self-Regulatory Organization’s Orders, and other market maker quotes. trading system. The Exchange believes Statement of the Terms of Substance of Specifically, the PMM is being that this language will reduce member the Proposed Rule Change erroneously given participation rights in a Flash auction pursuant to confusion regarding how allocations The Exchange proposes to amend Supplementary Material .01(b)–(c) to will be processed prior to the resolution Chapter 19 to notify members of a Rule 713, which results in the PMM of this systems issue. systems issue related to allocations receiving a potentially larger share of 2. Statutory Basis made pursuant to Supplementary the order to be executed. That is, if the Material .02(a)–(b) to Rule 1901. The Exchange believes that the PMM is quoting at the best price and the proposed rule change is consistent with The text of the proposed rule change conditions in Supplementary Material is available on the Exchange’s Web site the requirements of the Act and the .01(b)–(c) to Rule 713 are satisfied, the rules and regulations thereunder that at www.ise.com, at the principal office PMM is given participation rights equal of the Exchange, and at the are applicable to a national securities exchange, and, in particular, with the Commission’s Public Reference Room. 3 ‘‘Trade-Through’’ means a transaction in an 4 option series at a price that is lower than a requirements of Section 6(b) of the Act. 1 15 U.S.C. 78s(b)(1). Protected Bid or higher than a Protected Offer. See 2 17 CFR 240.19b–4. Rule 1900(q). 4 15 U.S.C. 78f(b).

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In particular, the proposal is consistent proposed rule change is being filed Commission designates the proposed with Section 6(b)(5) of the Act,5 because solely to provide additional notice to rule change operative upon filing.10 is designed to promote just and members in the interim. The proposed At any time within 60 days of the equitable principles of trade, remove rule change is therefore not designed to filing of the proposed rule change, the impediments to and perfect the impose any significant burden on Commission summarily may mechanisms of a free and open market competition. temporarily suspend such rule change if and a national market system and, in it appears to the Commission that such C. Self-Regulatory Organization’s general, to protect investors and the action is: (i) Necessary or appropriate in Statement on Comments on the public interest. the public interest; (ii) for the protection Proposed Rule Change Received From The Exchange believes that the of investors; or (iii) otherwise in Members, Participants, or Others proposed rule change is consistent with furtherance of the purposes of the Act. the protection of investors and the No written comments were either If the Commission takes such action, the public interest because the proposed solicited or received. Commission shall institute proceedings rule language more accurately reflects III. Date of Effectiveness of the to determine whether the proposed rule the way contracts will be allocated in should be approved or disapproved. the Flash auction until the systems issue Proposed Rule Change and Timing for is resolved. Due to a systems issue, Commission Action IV. Solicitation of Comments allocations in the Flash auction do not Because the foregoing proposed rule Interested persons are invited to take place in the manner described in change does not: (i) Significantly affect submit written data, views, and Supplementary Material .02(a)–(b) to the protection of investors or the public arguments concerning the foregoing, Rule 1901. The proposed rule change interest; (ii) impose any significant including whether the proposed rule makes this clear in the Exchange’s rules, burden on competition; and (iii) become change is consistent with the Act. and supplements notifications given to operative for 30 days from the date on Comments may be submitted by any of members and the Commission pursuant which it was filed, or such shorter time the following methods: to Regulation SCI. While the Exchange as the Commission may designate, it has intends to allocate contracts in the Flash become effective pursuant to Section Electronic Comments auction as described in Supplementary 19(b)(3)(A)(iii) of the Act 7 and • Use the Commission’s Internet Material .02(a)–(b) to Rule 1901, the subparagraph (f)(6) of Rule 19b–4 comment form (http://www.sec.gov/ Exchange is taking this temporary thereunder.8 rules/sro.shtml); or measure to ensure that members are A proposed rule change filed under • Send an email to rule-comments@ properly notified of the current system Rule 19b–4(f)(6) normally does not sec.gov. Please include File Number SR– behavior. The proposed rule change become operative for 30 days after the MRX–2017–07 on the subject line. does not make any permanent changes date of filing. However, Rule 19b– Paper Comments to the Exchange’s treatment of Flash 4(f)(6)(iii) 9 permits the Commission to auction allocations, which will be designate a shorter time if such action • Send paper comments in triplicate processed correctly when the Exchange is consistent with the protection of to Secretary, Securities and Exchange migrates its trading system to INET in investors and the public interest. In its Commission, 100 F Street NE., Q3 2017. The Exchange believes that the filing with the Commission, the Washington, DC 20549–1090. proposed rule change will promote just Exchange requests that the Commission All submissions should refer to File and equitable principles of trade since waive the 30-day operative delay. The Number SR–MRX–2017–07. This file it is a temporary change, and is Exchange represents that it filed the number should be included on the designed solely to provide additional proposed rule change to provide subject line if email is used. To help the notification and clarity to members of additional notice to members Commission process and review your the Flash auction allocation issue. The concerning the current handling of comments more efficiently, please use Exchange intends to amend the manner orders and quotes executed in a Flash only one method. The Commission will in which the system operates to conform auction, and that waiver of the operative post all comments on the Commission’s to the current rule text as symbols delay is consistent with the protection Internet Web site (http://www.sec.gov/ migrate to INET in Q3 2017. of investors and the public interest as it rules/sro.shtml). Copies of the B. Self-Regulatory Organization’s will allow the Exchange to immediately submission, all subsequent Statement on Burden on Competition reflect in its rules the allocation amendments, all written statements methodology currently in place for with respect to the proposed rule In accordance with Section 6(b)(8) of Flash auctions. The Exchange further change that are filed with the the Act,6 the Exchange does not believe represents that the allocation Commission, and all written that the proposed rule change will methodology will be fixed once the communications relating to the impose any burden on intermarket or Exchange migrates to the INET platform. proposed rule change between the intramarket competition that is not The Commission believes that waiving Commission and any person, other than necessary or appropriate in furtherance the 30-day operative delay is consistent those that may be withheld from the of the purposes of the Act. The with the protection of investors and the public in accordance with the proposed rule change is designed to public interest. Therefore, the provisions of 5 U.S.C. 552, will be more accurately reflect the way the available for Web site viewing and trading system allocates contracts in the 7 15 U.S.C. 78s(b)(3)(A)(iii). printing in the Commission’s Public Flash auction today, and is not intended 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b- Reference Room, 100 F Street NE., to be a permanent rule of the Exchange. 4(f)(6) requires a self-regulatory organization to give Washington, DC 20549, on official The Flash auction allocation will be the Commission written notice of its intent to file business days between the hours of corrected with the migration of the the proposed rule change at least five business days Exchange to INET technology, and the prior to the date of filing of the proposed rule change, or such shorter time as designated by the 10 For purposes only of waiving the 30-day Commission. The Exchange has satisfied this operative delay, the Commission has considered the 5 15 U.S.C. 78f(b)(5). requirement. proposed rule’s impact on efficiency, competition, 6 15 U.S.C. 78f(b)(8). 9 17 CFR 240.19b–4(f)(6)(iii). and capital formation. See 15 U.S.C. 78c(f).

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10:00 a.m. and 3:00 p.m. Copies of the II. Self-Regulatory Organization’s public interest. As such, BOX believes filing also will be available for Statement of the Purpose of, and the proposed rule change is in the inspection and copying at the principal Statutory Basis for, the Proposed Rule public interest, and therefore, consistent office of the Exchange. All comments Change with the Act. received will be posted without change; In its filing with the Commission, the B. Self-Regulatory Organization’s the Commission does not edit personal self-regulatory organization included Statement on Burden on Competition identifying information from statements concerning the purpose of, The Exchange does not believe that submissions. You should submit only and basis for, the proposed rule change the proposed rule change will impose information that you wish to make and discussed any comments it received any burden on competition not available publicly. All submissions on the proposed rule change. The text necessary or appropriate in furtherance should refer to File Number SR–MRX– of these statements may be examined at of the purposes of the Act. The 2017–07 and should be submitted on or the places specified in Item IV below. before July 14, 2017. Exchange believes that the proposed The self-regulatory organization has change will not impose a burden on For the Commission, by the Division of prepared summaries, set forth in competition, as the changes are purely Trading and Markets, pursuant to delegated Sections A, B, and C below, of the most clerical and do not amend any fee or 11 authority. significant aspects of such statements. rebate within the BOX Fee Schedule. Eduardo A. Aleman, A. Self-Regulatory Organization’s C. Self-Regulatory Organization’s Assistant Secretary. Statement of the Purpose of, and Statement on Comments on the [FR Doc. 2017–13096 Filed 6–22–17; 8:45 am] Statutory Basis for, the Proposed Rule Proposed Rule Change Received From BILLING CODE 8011–01–P Change Members, Participants, or Others 1. Purpose The Exchange has neither solicited SECURITIES AND EXCHANGE The Exchange proposes to make nor received comments on the proposed COMMISSION certain clarifying and non-substantive rule change. changes to its fee schedule in order to III. Date of Effectiveness of the improve formatting and increase overall [Release No. 34–80969; File No. SR–BOX– Proposed Rule Change and Timing for readability. The Exchange notes that 2017–21] Commission Action these changes are purely clerical and do not substantively amend any fee or Because the proposed rule change Self-Regulatory Organizations; BOX does not (i) significantly affect the Options Exchange LLC; Notice of rebate, nor do they alter the manner in which the Exchange assesses fees or protection of investors or the public Filing and Immediate Effectiveness of interest; (ii) impose any significant a Proposed Rule Change To Amend calculates rebates. The proposed changes are simply intended to increase burden on competition; and (iii) become the Fee Schedule To Make Several operative for 30 days from the date on Non-Substantive Changes overall readability and improve formatting. Specifically, the Exchange which it was filed, or such shorter time as the Commission may designate, it has June 19, 2017. proposes to add a title page and table of contents page to the fee schedule. become effective pursuant to Section Pursuant to Section 19(b)(1) of the 19(b)(3)(A) of the Act 5 and Rule 19b– Securities Exchange Act of 1934 2. Statutory Basis 4(f)(6) thereunder.6 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, The Exchange believes that the A proposed rule change filed notice is hereby given that on June 7, proposal is consistent with the pursuant to Rule 19b–4(f)(6) under the 7 2017, BOX Options Exchange LLC (the requirements of Section 6(b) of the Act,3 Act normally does not become ‘‘Exchange’’) filed with the Securities in general, and Section 6(b)(5) of the operative for 30 days after the date of its 8 and Exchange Commission Act,4 in particular, in that the proposed filing. However, Rule 19b–4(f)(6)(iii) (‘‘Commission’’) the proposed rule change is designed to promote just and permits the Commission to designate a change as described in Items I and II equitable principles of trade, remove shorter time if such action is consistent below, which Items have been prepared impediments to and perfect the with the protection of investors and the by the self-regulatory organization. The mechanism of a free and open market public interest. The Exchange has asked Commission is publishing this notice to and a national market system, and, in the Commission to waive the 30-day solicit comments on the proposed rule general protect investors and the public operative delay so that the proposal may from interested persons. interest, by increasing the readability of become operative immediately upon filing, which the Exchange states would I. Self-Regulatory Organization’s BOX’s Fee Schedule. Further, the Exchange notes that the proposed immediately add clarity to the Fee Statement of the Terms of Substance of Schedule. The Commission notes that the Proposed Rule Change changes do not substantively amend any fee or rebate, nor do they alter the the proposed rule change merely adopts The Exchange proposes to amend the manner in which the Exchange assesses a table of contents and makes formatting Fee Schedule to make several non- fees or calculates rebates. Finally, the changes that are designed to increase substantive changes. The text of the Exchange believes that the proposed overall readability of the fee schedule proposed rule change is available from changes will make the fee schedule 5 the principal office of the Exchange, at clearer and eliminate investor 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 240.19b–4(f)(6). As required under Rule the Commission’s Public Reference confusion, thereby removing 19b–4(f)(6)(iii), the Exchange provided the Room and also on the Exchange’s impediments to and perfecting the Commission with written notice of its intent to file Internet Web site at http:// mechanism of a free and open market the proposed rule change, along with a brief boxexchange.com. and a national market system, and, in description and the text of the proposed rule change, at least five business days prior to the date general, protecting investors and the of filing of the proposed rule change, or such 11 17 CFR 200.30–3(a)(12). shorter time as designated by the Commission. 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b). 7 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(5). 8 17 CFR 240.19b–4(f)(6)(iii).

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and thus believes the waiver of the provisions of 5 U.S.C. 552, will be The text of the proposed rule change operative delay is consistent with the available for Web site viewing and is available on the Exchange’s Web site protection of investors and the public printing in the Commission’s Public at http://nasdaqphlx.cchwallstreet interest. Therefore, the Commission Reference Room, on official business .com/, at the principal office of the hereby waives the operative delay and days between the hours of 10:00 a.m. Exchange, and at the Commission’s designates the proposal operative upon and 3:00 p.m., located at 100 F Street Public Reference Room. filing.9 NE., Washington, DC 20549. Copies of II. Self-Regulatory Organization’s At any time within 60 days of the such filing also will be available for Statement of the Purpose of, and filing of the proposed rule change, the inspection and copying at the principal Statutory Basis for, the Proposed Rule Commission summarily may office of the Exchange. All comments Change temporarily suspend such rule change if received will be posted without change; it appears to the Commission that such the Commission does not edit personal In its filing with the Commission, the action is necessary or appropriate in the identifying information from Exchange included statements public interest, for the protection of submissions. You should submit only concerning the purpose of and basis for investors, or otherwise in furtherance of information that you wish to make the proposed rule change and discussed the purposes of the Act. If the available publicly. All submissions any comments it received on the Commission takes such action, the should refer to File Number SR–BOX– proposed rule change. The text of these Commission shall institute proceedings 2017–21 and should be submitted on or statements may be examined at the to determine whether the proposed rule before July 14, 2017. places specified in Item IV below. The change should be approved or Exchange has prepared summaries, set disapproved. For the Commission, by the Division of Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of IV. Solicitation of Comments authority.10 the most significant aspects of such statements. Interested persons are invited to Eduardo A. Aleman, submit written data, views and Assistant Secretary. A. Self-Regulatory Organization’s arguments concerning the foregoing, [FR Doc. 2017–13100 Filed 6–22–17; 8:45 am] Statement of the Purpose of, and including whether the proposed rule BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule change is consistent with the Act. Change Comments may be submitted by any of 1. Purpose the following methods: SECURITIES AND EXCHANGE COMMISSION Bats BYX Exchange, Inc., Bats BZX Electronic Comments Exchange, Inc., Bats EDGA Exchange, • [Release No. 34–80967; File No. SR–PHLX– Use the Commission’s Internet 2017–47] Inc., Bats EDGX Exchange, Inc., BOX comment form (http://www.sec.gov/ Options Exchange LLC, C2 Options rules/sro.shtml); or Self-Regulatory Organizations; Exchange, Incorporated, Chicago Board • Send an email to rule-comments@ NASDAQ PHLX LLC; Notice of Filing of Options Exchange, Incorporated, sec.gov. Please include File Number SR– a Proposed Rule Change To Adopt Chicago Stock Exchange, Inc., Financial BOX–2017–21 on the subject line. Rule 996A Industry Regulatory Authority, Inc. (‘‘FINRA’’), Investors’ Exchange LLC, Paper Comments June 19, 2017. • Miami International Securities Send paper comments in triplicate Pursuant to Section 19(b)(1) of the Exchange, LLC, MIAX PEARL, LLC, to Secretary, Securities and Exchange Securities Exchange Act of 1934 (‘‘Act’’ NASDAQ BX, Inc., Nasdaq GEMX, LLC, 1 Commission, 100 F Street NE., or ‘‘Exchange Act’’), and Rule 19b–4 Nasdaq ISE, LLC, Nasdaq MRX, LLC,4 2 Washington, DC 20549–1090. thereunder, notice is hereby given that NASDAQ PHLX LLC, The NASDAQ All submissions should refer to File on June 8, 2017, NASDAQ PHLX LLC Stock Market LLC, New York Stock Number SR–BOX–2017–21. This file (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Exchange LLC, NYSE MKT LLC, NYSE number should be included on the Securities and Exchange Commission Arca, Inc. and NYSE National, Inc.5 subject line if email is used. To help the (‘‘SEC’’ or ‘‘Commission’’) the proposed (collectively, the ‘‘Participants’’) filed Commission process and review your rule change as described in Items I and with the Commission, pursuant to comments more efficiently, please use II, below, which Items have been Section 11A of the Exchange Act 6 and only one method. The Commission will prepared by the Exchange. The Rule 608 of Regulation NMS post all comments on the Commission’s Commission is publishing this notice to thereunder,7 the National Market Internet Web site (http://www.sec.gov/ solicit comments on the proposed rule change from interested persons. rules/sro.shtml). Copies of the herein, or in the Consolidated Audit Trail Funding submission, all subsequent I. Self-Regulatory Organization’s Fees Rule, the CAT Compliance Rule Series or in amendments, all written statements Statement of the Terms of Substance of the CAT NMS Plan. 4 ISE Gemini, LLC, ISE Mercury, LLC and with respect to the proposed rule the Proposed Rule Change change that are filed with the International Securities Exchange, LLC have been The Exchange proposes to proposal to renamed Nasdaq GEMX, LLC, Nasdaq MRX, LLC, Commission, and all written and Nasdaq ISE, LLC, respectively. See Securities communications relating to the adopt Rule 996A (Consolidated Audit Exchange Act Release No. 80248 (March 15, 2017), proposed rule change between the Trail—Fee Dispute Resolution) to 82 FR 14547 (March 21, 2017); Securities Exchange Commission and any person, other than establish the procedures for resolving Act Release No. 80326 (March 29, 2017), 82 FR 16460 (April 4, 2017); and Securities Exchange Act those that may be withheld from the potential disputes related to CAT Fees 3 Release No. 80325 (March 29, 2017), 82 FR 16445 public in accordance with the charged to Industry Members. (April 4, 2017). 5 National Stock Exchange, Inc. has been renamed 10 9 For purposes only of waiving the 30-day 17 CFR 200.30–3(a)(12). NYSE National, Inc. See Securities Exchange Act operative delay, the Commission has also 1 15 U.S.C. 78s(b)(1). Release No. 79902 (January 30, 2017), 82 FR 9258 considered the proposed rule’s impact on 2 17 CFR 240.19b–4. (February 3, 2017). efficiency, competition, and capital formation. See 3 Unless otherwise specified, capitalized terms 6 15 U.S.C. 78k–1. 15 U.S.C. 78c(f). used in this rule filing are defined as set forth 7 17 CFR 242.608.

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System Plan Governing the Members. The proposed rules are charged pursuant to the Consolidated Consolidated Audit Trail (the ‘‘CAT described below. Audit Trail Funding Fees will be 8 addressed. These Fee Dispute NMS Plan’’ or ‘‘Plan’’). The (1) Definitions Participants filed the Plan to comply Resolution Procedures, as they relate to with Rule 613 of Regulation NMS under Paragraph (a) of Proposed Rule 996A Industry Members, are set forth in the Exchange Act. The Plan was sets forth the definitions for Proposed paragraph (c) of Proposed Rule 996A. published for comment in the Federal Rule 996A. Paragraph (a)(1) of Proposed Specifically, the Fee Dispute Resolution Rule 996A states that, for purposes of Register on May 17, 2016,9 and Procedures provide the procedure for Rule 996A, the terms ‘‘CAT NMS Plan’’, approved by the Commission, as Industry Members that dispute CAT ‘‘Industry Member’’, ‘‘Operating modified, on November 15, 2016.10 The Fees charged to such Industry Member Committee’’, and ‘‘Participant’’ are Plan is designed to create, implement pursuant to one or more of the defined as set forth in the Rule 910A Participants’ Consolidated Audit Trail and maintain a consolidated audit trail (Consolidated Audit Trail—Definitions), (‘‘CAT’’) that would capture customer Funding Fees Rules, including disputes and the term ‘‘CAT Fee’’ is defined as related to the designated tier and the fee and order event information for orders set forth in the Consolidated Audit Trail in NMS Securities and OTC Equity calculated pursuant to such tier, to Funding Fees. In addition, the Exchange apply for an opportunity to be heard Securities, across all markets, from the proposes to add paragraph (a)(2) to and to have the CAT Fees charged to time of order inception through routing, Proposed Rule 996A. New paragraph such Industry Member reviewed. The cancellation, modification, or execution (a)(2) would define the term Procedures are modeled after the in a single consolidated data source. ‘‘Subcommittee’’ to mean a adverse action procedures adopted by The Plan accomplishes this by creating subcommittee designated by the various exchanges,15 and will be posted CAT NMS, LLC (the ‘‘Company’’), of Operating Committee pursuant to the on the Web site for the CAT NMS Plan which each Participant is a member, to CAT NMS Plan. This definition is the Web site.16 11 operate the CAT. Under the CAT NMS same substantive definition as set forth Under these Procedures, an Industry Plan, the Operating Committee of the in Section 1.1 of the CAT NMS Plan. Member that disputes CAT Fees charged Company (‘‘Operating Committee’’) has (2) Fee Dispute Resolution to such Industry Member and that discretion to establish funding for the Section 11.5 of the CAT NMS Plan desires to have an opportunity to be Company to operate the CAT, including heard with respect to such disputed establishing fees that the Participants requires Participants to adopt rules requiring that disputes with respect to CAT Fees must file a written application will pay, and establishing fees for fees charged to Industry Members with the Company within 15 business Industry Members that will be pursuant to the CAT NMS Plan be days after being notified of such implemented by the Participants (‘‘CAT disputed CAT Fees. The application 12 determined by the Operating Committee Fees’’). The Participants are required or Subcommittee. Section 11.5 of the must identify the disputed CAT Fees, to file with the SEC under Section 19(b) CAT NMS Plan also states that decisions state the specific reasons why the of the Exchange Act any such CAT Fees by the Operating Committee or applicant takes exception to such CAT applicable to Industry Members that the Subcommittee on such matters shall be Fees, and set forth the relief sought. In Operating Committee approves.13 binding on Industry Members, without addition, if the applicant intends to Accordingly, the Exchange has filed a prejudice to the right of any Industry submit any additional documents, proposed rule change with the SEC to Member to seek redress from the SEC statements, arguments or other material adopt the Consolidated Audit Trail pursuant to SEC Rule 608 or in any in support of the application, the same Funding Fees, which will require other appropriate forum. The Exchange should be so stated and identified. Industry Members that are Exchange proposes to adopt paragraph (b) of The Company will refer applications members to pay the CAT Fees Proposed Rule 996A. Paragraph (b) of for hearing and review promptly to the determined by the Operating Proposed Rule 996A states that disputes Subcommittee designated by the Committee.14 The Exchange submits initiated by an Industry Member with Operating Committee pursuant to this rule filing to adopt Rule 996A respect to CAT Fees charged to such Section 4.12 of the CAT NMS Plan with (Consolidated Audit Trail—Fee Dispute Industry Member pursuant to the responsibility for conducting the Resolution) to establish the procedures Consolidated Audit Trail Funding Fees, reviews of CAT Fee disputes pursuant for resolving potential disputes related including disputes related to the to these Procedures. This Subcommittee to CAT Fees charged to Industry designated tier and the fee calculated will be referred to as the Fee Review pursuant to such tier, shall be resolved Subcommittee. The members of the Fee 8 See Letter from the Participants to Brent J. by the Operating Committee, or a Review Subcommittee will be subject to Fields, Secretary, Commission, dated September 30, Subcommittee designated by the the provisions of Section 4.3(d) of the 2014; and Letter from Participants to Brent J. Fields, Operating Committee, of the CAT NMS CAT NMS Plan regarding recusal and Secretary, Commission, dated February 27, 2015. Conflicts of Interest. The Fee Review On December 24, 2015, the Participants submitted Plan, pursuant to the Fee Dispute an amendment to the CAT NMS Plan. See Letter Resolution Procedures adopted Subcommittee will keep a record of the from Participants to Brent J. Fields, Secretary, pursuant to the CAT NMS Plan and set proceedings. Commission, dated December 23, 2015. forth in paragraph (c) of Proposed Rule The Fee Review Subcommittee will 9 Securities Exchange Act Release No. 77724 996A. Decisions on such matters shall hold hearings promptly. The Fee (April 27, 2016), 81 FR 30614 (May 17, 2016). Review Subcommittee will set a hearing 10 Securities Exchange Act Rel. No. 79318 be binding on Industry Members, (November 15, 2016), 81 FR 84696 (November 23, without prejudice to the rights of any date. The parties to the hearing shall 2016) (‘‘Approval Order’’). such Industry Member to seek redress furnish the Fee Review Subcommittee 11 The Plan also serves as the limited liability from the SEC or in any other with all materials relevant to the company agreement for the Company. 12 appropriate forum. Section 11.1(b) of the CAT NMS Plan. The Operating Committee has 15 See, e.g., Chapter X of BATS BZX Exchange, 13 Id. Inc. (Adverse Action); and Chapter X of NYSE 14 See Securities Exchange Act Release No. 80725 adopted ‘‘Fee Dispute Resolution National, Inc. (Adverse Action). (May 18, 2017), 82 FR 23935 (May 24, 2017) (SR– Procedures’’ governing the manner in 16 The CAT NMS Plan Web site is PHLX–2017–37). which disputes regarding CAT Fees www.catnmsplan.com.

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proceedings at least 72 hours prior to of the Fee Review Subcommittee. The Fees that are owed as well as interest on the date of the hearing. Each party will decision of the Operating Committee such disputed CAT Fees from the have the right to inspect and copy the will be in writing, will be sent to the original due date (that is, 30 days after other party’s materials prior to the parties to the proceeding and will be receipt of the original invoice of such hearing. final. CAT Fees) until such disputed CAT The parties to the hearing will consist The Procedures state that a final Fees are paid at a per annum rate equal of the applicant and a representative of decision regarding the disputed CAT to the lesser of (i) the Prime Rate plus the Company who shall present the Fees by the Operating Committee, or the 300 basis points, or (ii) the maximum reasons for the action taken by the Fee Review Subcommittee (if there is no rate permitted by applicable law. Company that allegedly aggrieved the review by the Operating Committee), applicant. The applicant is entitled to be must be provided within 90 days of the 2. Statutory Basis accompanied, represented and advised date on which the Industry Member The Exchange believes that the by counsel at all stages of the filed a written application regarding proposed rule change is consistent with proceedings. disputed CAT Fees with the Company. the provisions of Section 6(b)(5) of the The Fee Review Subcommittee will The Operating Committee may extend Act,17 which requires, among other determine all questions concerning the the 90-day time limit at its discretion. things, that the Exchange rules must be admissibility of evidence and will In addition, the Procedures state that designed to prevent fraudulent and otherwise regulate the conduct of the any notices or other documents may be manipulative acts and practices, to hearing. Each of the parties will be served upon the applicant either promote just and equitable principles of permitted to make an opening personally or by leaving the same at its, trade, and, in general, to protect statement, present witnesses and his or her place of business or by investors and the public interest, and documentary evidence, cross examine deposit in the United States post office, not designed to permit unfair opposing witnesses and present closing postage prepaid, by registered or discrimination between customers, arguments orally or in writing as certified mail, addressed to the issuers, brokers and dealer [sic], and determined by the Fee Review applicant at its, his or her last known Section 6(b)(4) of the Act,18 which Subcommittee. The Fee Review business or residence address. The requires that Exchange rules provide for Subcommittee also will have the right to Procedures also state that any time the equitable allocation of reasonable question all parties and witnesses to the limits imposed under the Procedures for dues, fees, and other charges among proceeding. The Fee Review the submission of answers, petitions or members and issuers and other persons Subcommittee must keep a record of the other materials may be extended by using its facilities. hearing. The formal rules of evidence permission of the Operating Committee. The Exchange believes that this will not apply. All papers and documents relating to proposal is consistent with the Act The Fee Review Subcommittee must review by the Fee Review Subcommittee because it implements, interprets or set forth its decision in writing and send or the Operating Committee must be clarifies Section 11.5 of the Plan, and is the written decision to the parties to the submitted to the Fee Review designed to assist the Exchange and its proceeding. Such decisions will contain Subcommittee or Operating Committee, Industry Members in meeting regulatory the reasons supporting the conclusions as applicable. obligations pursuant to the Plan. In of the Fee Review Subcommittee. The Procedures also note that approving the Plan, the SEC noted that The decision of the Fee Review decisions on such CAT Fee disputes the Plan ‘‘is necessary and appropriate Subcommittee will be subject to review made pursuant to these Procedures will in the public interest, for the protection by the Operating Committee either on be binding on Industry Members, of investors and the maintenance of fair its own motion within 20 business days without prejudice to the rights of any and orderly markets, to remove after issuance of the decision or upon such Industry Member to seek redress impediments to, and perfect the written request submitted by the from the SEC or in any other mechanism of a national market system, applicant within 15 business days after appropriate forum. or is otherwise in furtherance of the issuance of the decision. The applicant’s Finally, an Industry Member that files purposes of the Act.’’ 19 To the extent petition must be in writing and must a written application with the Company that this proposal implements, specify the findings and conclusions to regarding disputed CAT Fees in interprets or clarifies the Plan and which the applicant objects, together accordance with these Procedures is not applies specific requirements to with the reasons for such objections. required to pay such disputed CAT Fees Industry Members, the Exchange Any objection to a decision not until the dispute is resolved in believes that this proposal furthers the specified in writing will be considered accordance with these Procedures, objectives of the Plan, as identified by to have been abandoned and may be including any review by the SEC or in the SEC, and is therefore consistent with disregarded. Parties may petition to any other appropriate forum. For these the Act. submit a written argument to the purposes, the disputed CAT Fees means Operating Committee and may request the amount of the invoiced CAT Fees B. Self-Regulatory Organization’s an opportunity to make an oral that the Industry Member has asserted Statement on Burden on Competition argument before the Operating pursuant to these Procedures that such Section 6(b)(8) of the Act 20 requires Committee. The Operating Committee Industry Member does not owe to the that Exchange rules not impose any will have sole discretion to grant or Company. The Industry Member must burden on competition that is not deny either request. pay any invoiced CAT Fees that are not necessary or appropriate. The Exchange The Operating Committee will disputed CAT Fees when due as set does not believe that the proposed rule conduct the review. The review will be forth in the original invoice. change will impose any burden on made upon the record and will be made Once the dispute regarding CAT Fees competition not necessary or after such further proceedings, if any, as is resolved pursuant to these the Operating Committee may order. Procedures, if it is determined that the 17 15 U.S.C. 78f(b)(5). Based upon such record, the Operating Industry Member owes any of the 18 15 U.S.C. 78f(b)(4). Committee may affirm, reverse or disputed CAT Fees, then the Industry 19 Approval Order at 84697. modify, in whole or in part, the decision Member must pay such disputed CAT 20 15 U.S.C. 78f(b)(8).

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appropriate in furtherance of the comments more efficiently, please use prepared by the Exchange. The purposes of the Act. The Exchange notes only one method. The Commission will Commission is publishing this notice to that the proposed rule change post all comments on the Commission’s solicit comments on the proposed rule implements Section 11.5 of the CAT Internet Web site (http://www.sec.gov/ change from interested persons. NMS Plan approved by the Commission, rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s submission, all subsequent and is designed to assist the Exchange Statement of the Terms of Substance of amendments, all written statements in meeting its regulatory obligations the Proposed Rule Change pursuant to the Plan. Similarly, all with respect to the proposed rule national securities exchanges and change that are filed with the The Exchange proposes to amend FINRA are proposing this proposed rule Commission, and all written MRX Rule 804(h), regarding quote to implement the requirements of the communications relating to the mitigation. CAT NMS Plan. Therefore, this is not a proposed rule change between the The text of the proposed rule change competitive rule filing and, therefore, it Commission and any person, other than is available on the Exchange’s Web site does not raise competition issues those that may be withheld from the at www.ise.com, at the principal office between and among the exchanges and public in accordance with the of the Exchange, and at the FINRA. provisions of 5 U.S.C. 552, will be Commission’s Public Reference Room. available for Web site viewing and C. Self-Regulatory Organization’s II. Self-Regulatory Organization’s printing in the Commission’s Public Statement of the Purpose of, and Statement on Comments on the Reference Room, 100 F Street NE., Proposed Rule Change Received From Statutory Basis for, the Proposed Rule Washington, DC 20549, on official Change Members, Participants, or Others business days between the hours of No written comments were either 10:00 a.m. and 3:00 p.m. Copies of the In its filing with the Commission, the solicited or received. filing also will be available for Exchange included statements inspection and copying at the principal concerning the purpose of and basis for III. Date of Effectiveness of the office of the Exchange. All comments the proposed rule change and discussed Proposed Rule Change and Timing for received will be posted without change; any comments it received on the Commission Action the Commission does not edit personal proposed rule change. The text of these Within 45 days of the date of identifying information from statements may be examined at the publication of this notice in the Federal submissions. You should submit only places specified in Item IV below. The Register or within such longer period information that you wish to make Exchange has prepared summaries, set up to 90 days (i) as the Commission may available publicly. All submissions forth in sections A, B, and C below, of designate if it finds such longer period should refer to File Number SR–PHLX– the most significant aspects of such to be appropriate and publishes its 2017–47, and should be submitted on or statements. reasons for so finding or (ii) as to which before July 14, 2017. A. Self-Regulatory Organization’s the Exchange consents, the Commission For the Commission, by the Division of Statement of the Purpose of, and will: Trading and Markets, pursuant to delegated Statutory Basis for, the Proposed Rule (A) by order approve or disapprove authority.21 Change such proposed rule change, or Eduardo A. Aleman, 1. Purpose (B) institute proceedings to determine Assistant Secretary. whether the proposed rule change [FR Doc. 2017–13098 Filed 6–22–17; 8:45 am] The Exchange proposes to amend should be disapproved. BILLING CODE 8011–01–P MRX Rule 804, entitled ‘‘Market Maker IV. Solicitation of Comments Quotations,’’ to specifically amend Rule 804(h) which addresses the Exchange’s Interested persons are invited to SECURITIES AND EXCHANGE quote traffic mitigation plan to adopt a submit written data, views, and COMMISSION similar quote mitigation plan to that of arguments concerning the foregoing, NASDAQ PHLX LLC (‘‘Phlx’’). including whether the proposed rule [Release No. 34–80974; File No. SR–MRX– ISE Mercury, LLC (now known as 2017–09] change is consistent with the Act. MRX) implemented its quote mitigation Comments may be submitted by any of Self-Regulatory Organizations; Nasdaq plan in 2013, at the time it filed its Form the following methods: 3 MRX, LLC; Notice of Filing and 1 application. At that time, MRX Electronic Comments Immediate Effectiveness of Proposed adopted the same quote mitigation plan that was in effect on ISE.4 • Use the Commission’s Internet Rule Change Regarding Quote Mitigation MRX Rule 804(h) provides that MRX comment form (http://www.sec.gov/ shall utilize a mechanism so that newly- rules/sro.shtml); or June 19, 2017. • received quotations and other changes Send an email to rule-comments@ Pursuant to Section 19(b)(1) of the to the Exchange’s best bid and offer are sec.gov. Please include File Number SR– Securities Exchange Act of 1934 not disseminated for a period of up to, PHLX–2017–47 on the subject line. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Paper Comments notice is hereby given that on June 15, 3 See Securities Exchange Release Act. No.76998 (January 29, 2016), 81 FR 6066 (February 4, 2016) • 2017, Nasdaq MRX, LLC (‘‘MRX’’ or Send paper comments in triplicate ‘‘Exchange’’) filed with the Securities (File No. 10–221) (In the Matter of the Application of ISE Mercury, LLC for Registration as a National to Secretary, Securities and Exchange and Exchange Commission Commission, 100 F Street NE., Securities Exchange; Findings, Opinion, and Order (‘‘Commission’’) the proposed rule of the Commission). This pilot has since been Washington, DC 20549–1090. change as described in Items I, II, and extended several times. All submissions should refer to File III, below, which Items have been 4 See Securities Exchange Release Act. No. 55161 Number SR–PHLX–2017–47. This file (February 1, 2007), 72 FR 4754 (January 24, 2007) (SR–ISE–2006–62) (Order Granting Approval to number should be included on the 21 17 CFR 200.30–3(a)(12). Proposed Rule Change as Modified by Amendment subject line if email is used. To help the 1 15 U.S.C. 78s(b)(1). Nos. 1 and 2 Thereto, To Implement a Penny Pilot Commission process and review your 2 17 CFR 240.19b–4. Program To Quote Certain Options in Pennies).

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but not more than one second. With the implement this rule change once all functional offerings, e.g., complex upcoming planned migration to INET,5 symbols have migrated to INET. orders and floor trading. The Exchange the Exchange proposes to utilize a plan Upon completion of the migration to notes that it will continue to monitor similar to that of Phlx for quote INET, MRX will set an initial percentage quotes on MRX and make adjustments mitigation. The Exchange proposes to of 3% to be applied to all issues, which as necessary. amend Rule 804(h) to adopt language will be announced in an Options Trader Alert. MRX will continue to monitor the B. Self-Regulatory Organization’s similar to Phlx. Since 2007, Phlx has Statement on Burden on Competition operated on INET, the same system that quote activity on the market and would MRX will be migrating to utilize. not notify participants of any The Exchange does not believe that incremental increase in the size of the the proposed rule change will impose Phlx Rule 1082(a)(ii)(C) sets forth the Exchange’s quote to be disseminated to any burden on competition not conditions under which Phlx OPRA. necessary or appropriate in furtherance disseminates updated quotations based of the purposes of the Act. The on changes in the Exchange’s 2. Statutory Basis Exchange proposes to mitigate all disseminated price and/or size. Phlx The Exchange believes that its options trading on MRX. All options disseminates an updated bid and offer proposal is consistent with Section 6(b) exchanges have a quote mitigation price, together with the size associated of the Act,8 in general, and furthers the process in place in connection with with such bid and offer, when: (1) objectives of Section 6(b)(5) of the Act,9 their participation in the Penny Pilot Phlx’s disseminated bid or offer price in particular, in that it is designed to Program. increases or decreases; (2) the size promote just and equitable principles of associated with Phlx’s disseminated bid trade, to remove impediments to and C. Self-Regulatory Organization’s or offer decreases; or (3) the size perfect the mechanism of a free and Statement on Comments on the associated with Phlx’s bid (offer) open market and a national market Proposed Rule Change Received From increases by an amount greater than or system, and, in general to protect Members, Participants, or Others equal to a percentage (never to exceed investors and the public interest, by No written comments were either 20%) 6 of the size associated with the reducing the number of options solicited or received. previously disseminated bid (offer). quotations required to be submitted to III. Date of Effectiveness of the Such percentage, which would never OPRA and, therefore, mitigating the Proposed Rule Change and Timing for exceed 20%, would be determined on Exchange’s quote message traffic and Commission Action an issue-by-issue basis by the Exchange capacity. By adopting a quote mitigation and announced to membership via an plan similar to Phlx, the Exchange will Because the foregoing proposed rule Exchange circular. The percentage size continue to mitigate quotes and monitor change does not: (i) Significantly affect the protection of investors or the public increase necessary to give rise to a its quote capacity, as is the case today. interest; (ii) impose any significant refreshed quote may vary from issue to While the Phlx method differs from that burden on competition; and (iii) become issue, depending, without limitation, on of MRX’s rule, the Exchange believes operative for 30 days from the date on the liquidity, average volume, and that Phlx’s method today successfully which it was filed, or such shorter time average number of quotations submitted mitigates quotes on that market. In as the Commission may designate, it has in the issue. The mitigation would addition, MRX desires to adopt a similar mitigation as currently utilized by its become effective pursuant to Section apply to all options traded on MRX. 10 affiliated market, as it will operate on 19(b)(3)(A)(iii) of the Act and The Exchange will not be adopting the same architecture. subparagraph (f)(6) of Rule 19b–4 Phlx Rule 1082(a)(ii)(C)(4). This The Phlx quote mitigation process has thereunder.11 functionality is not necessary on INET. been in place since 2007. Phlx is At any time within 60 days of the Phlx adopted 1082(a)(ii)(C)(4) when it operating on the INET system today, the filing of the proposed rule change, the was not operating on INET, with its same system that MRX will migrate to Commission summarily may subsequent replatform to INET for its operating system. The Exchange temporarily suspend such rule change if functionality, 1082(a)(ii)(C)(4) was no believes that Phlx’s quote mitigation it appears to the Commission that such longer necessary because of the real- process has successfully controlled action is: (i) Necessary or appropriate in time features which exist on INET. The Phlx’s quote capacity. The Exchange the public interest; (ii) for the protection INET functionality rendered the rule believes that it is reasonable to utilize a of investors; or (iii) otherwise in text in 1082(a)(ii)(C)(4) as unnecessary. similar process as Phlx to mitigate furtherance of the purposes of the Act. The Exchange will begin a system quotes for MRX given the system If the Commission takes such action, the migration to Nasdaq INET in Q3 of architecture which will be utilized on Commission shall institute proceedings 2017.7 The migration will be on a MRX with the upcoming migration. to determine whether the proposed rule symbol by symbol basis as specified by Additionally, Nasdaq, Inc., a common should be approved or disapproved. the Exchange in a notice to Members. parent to Phlx and MRX, has experience IV. Solicitation of Comments The Exchange is proposing to with this quote mitigation strategy on Interested persons are invited to INET. The Exchange has selected to submit written data, views, and 5 See SR–MRX–2017–02 (not yet published). The mitigate MRX at 3% to start and arguments concerning the foregoing, Commission notes that MRX–2017–02 was determine if the percentage will need to including whether the proposed rule published for comment in the Federal Register on be adjusted thereafter. The Exchange June 5, 2017. See Securities Exchange Act Release No. 80815 (May 30, 2017), 82 FR 25827. has selected to mitigate MRX at 3% 10 15 U.S.C. 78s(b)(3)(A)(iii). 6 Phlx has set its percentage to 10%. See http:// initially because, unlike Phlx, which is 11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– www.nasdaqtrader.com/content/phlxmemos/2007/ a mature market with various auction 4(f)(6) requires a self-regulatory organization to give jan/0197-07.pdf. offerings and higher volumes, MRX is a the Commission written notice of its intent to file 7 See SR–MRX–2017–02 (not yet published). The not as large in volume and has fewer the proposed rule change at least five business days Commission notes that MRX–2017–02 was prior to the date of filing of the proposed rule published for comment in the Federal Register on change, or such shorter time as designated by the June 5, 2017. See Securities Exchange Act Release 8 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this No. 80815 (May 30, 2017), 82 FR 25827. 9 15 U.S.C. 78f(b)(5). requirement.

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change is consistent with the Act. SECURITIES AND EXCHANGE Officer, Securities and Exchange Comments may be submitted by any of COMMISSION Commission, c/o Remi Pavlik-Simon, the following methods: 100 F Street NE., Washington, DC 20549 [SEC File No. 270–1, OMB Control No. 3235– _ 0007] or send an email to: PRA Mailbox@ Electronic Comments sec.gov. Comments must be submitted to • Use the Commission’s Internet Submission for OMB Review; OMB within 30 days of this notice. comment form (http://www.sec.gov/ Comment Request Dated: June 2017. rules/sro.shtml); or Upon Written Request Copies Available Eduardo A. Aleman, • Send an email to rule-comments@ From: Securities and Exchange Assistant Secretary. sec.gov. Please include File Number SR– Commission, Office of FOIA Services, [FR Doc. 2017–13141 Filed 6–22–17; 8:45 am] MRX–2017–09 on the subject line. 100 F Street NE., Washington, DC BILLING CODE 8011–01–P 20549–02736. Paper Comments Extension: SECURITIES AND EXCHANGE • Send paper comments in triplicate Rule 13e–3 (Schedule 13E–3). COMMISSION to Secretary, Securities and Exchange Notice is hereby given that, pursuant Commission, 100 F Street NE., to the Paperwork Reduction Act of 1995 [Release No. 34–80973; File No. SR–FINRA– 2017–009] Washington, DC 20549–1090. (44 U.S.C. 3501 et seq.), the Securities All submissions should refer to File and Exchange Commission Self-Regulatory Organizations; Number SR–MRX–2017–09. This file (‘‘Commission’’) has submitted to the Financial Industry Regulatory number should be included on the Office of Management and Budget this Authority, Inc.; Order Approving a subject line if email is used. To help the request for extension of the previously Proposed Rule Change Relating to Commission process and review your approved collection of information Expediting List Selection in Arbitration comments more efficiently, please use discussed below. only one method. The Commission will Rule 13e–3 (17 CFR 240.13e–3) and June 19, 2017. Schedule 13E–3 (17 CFR 240.13e– post all comments on the Commission’s I. Introduction 100)—Rule 13e–3 prescribes the filing, Internet Web site (http://www.sec.gov/ disclosure and dissemination On April 26, 2017, Financial Industry rules/sro.shtml). Copies of the requirements in connection with a going Regulatory Authority, Inc. (‘‘FINRA’’) submission, all subsequent private transaction by an issuer or an filed with the Securities and Exchange amendments, all written statements affiliate. Schedule 13E–3 provides Commission (‘‘Commission’’), pursuant with respect to the proposed rule shareholders and the marketplace with to Section 19(b)(1) of the Securities change that are filed with the material information concerning a going Exchange Act of 1934 (‘‘Exchange Commission, and all written private transaction. The information Act’’) 1 and Rule 19b–4 thereunder,2 a communications relating to the collected permits verification of proposed rule change to provide that the proposed rule change between the compliance with securities laws Director of FINRA’s Office of Dispute Commission and any person, other than requirements and ensures the public Resolution (‘‘ODR Director’’) will send those that may be withheld from the availability and dissemination of the the list or lists or arbitrators generated public in accordance with the collected information. This information by the Neutral List Selection System provisions of 5 U.S.C. 552, will be is made available to the public. (‘‘NLSS’’) to all parties at the same time, available for Web site viewing and Information provided on Schedule 13E– within approximately 30 days after the printing in the Commission’s Public 3 is mandatory. We estimate that last answer is due, regardless of the Reference Room, 100 F Street NE., Schedule 13E–3 is filed by parties’ agreement to extend any answer Washington, DC 20549, on official approximately 77 issuers annually and due date. business days between the hours of it takes approximately 137.42 hours per The proposed rule change was 10:00 a.m. and 3:00 p.m. Copies of the response. We estimate that 25% of the published for comment in the Federal filing also will be available for 137.42 hours per response is prepared Register on May 15, 2017.3 The public inspection and copying at the principal by the filer for a total annual reporting comment period closed on June 5, 2017. office of the Exchange. All comments burden of 2,646 hours (34.36 hours per The Commission received five comment received will be posted without change; response × 77 responses). letters in response to the Notice, all of the Commission does not edit personal An agency may not conduct or which supported the proposed rule identifying information from sponsor, and a person is not required to change.4 This order approves the submissions. You should submit only respond to, a collection of information proposed rule change. information that you wish to make unless it displays a currently valid available publicly. All submissions control number. 1 15 U.S.C. 78s(b)(1). should refer to File Number SR–MRX– The public may view the background 2 17 CFR 240.19b–4. 2017–09 and should be submitted on or documentation for this information 3 See Exchange Act Release No. 80634 (May 9, 2017), 82 FR 22363 (May 15, 2017) (File No. SR– before July 14, 2017. collection at the following Web site, FINRA–2017–009) (‘‘Notice’’). For the Commission, by the Division of www.reginfo.gov . Comments should be 4 See Letters from Steven B. Caruso, Maddox Trading and Markets, pursuant to delegated directed to: (i) Desk Officer for the Hargett Caruso, P.C., dated May 11, 2017 (‘‘Caruso Letter’’); Ryan K. Bakhtiari, Aidikoff, Uhl & authority.12 Securities and Exchange Commission, Office of Information and Regulatory Bakhtiari, dated May 15, 2017 (‘‘Bakhtiari Letter’’); Eduardo A. Aleman, Glenn S. Gitomer, McCausland Keen + Buckman, Affairs, Office of Management and dated May 26, 2017 (‘‘Gitomer Letter’’); Marnie C. Assistant Secretary. Budget, Room 10102, New Executive Lambert, President, Public Investors Arbitration Bar [FR Doc. 2017–13105 Filed 6–22–17; 8:45 am] Office Building, Washington, DC 20503, Association (‘‘PIABA’’), dated June 1, 2017 (‘‘PIABA BILLING CODE 8011–01–P _ Letter’’); Andres Gomez III, Esquire, Executive or by sending an email to: Shagufta Principal, AG Consultants, dated June 4, 2017 [email protected]; and (ii) Pamela (‘‘Gomez Letter’’). Comment letters are available at 12 17 CFR 200.30–3(a)(12). Dyson, Director/Chief Information www.sec.gov.

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II. Description of the Proposed Rule arbitrator list or lists after the original proposal would simply codify existing Change 5 due date for the last answer, regardless accepted practice.21 A majority of Under FINRA Rules 12402 (Cases of any extension, it can shorten the time commenters expressed the view that the with One Arbitrator) and 12403 (Cases it takes for an arbitration to conclude in proposal would enhance and expedite 22 with Three Arbitrators) of the Code of those instances.12 Party agreements to the arbitration process, which, as one Arbitration Procedure for Customer extend answer due dates would no commenter noted, currently lasts for 23 Disputes (‘‘Customer Code’’) and FINRA longer affect the timing of providing the 14.4 months. Rule 13403 (Generating and Sending arbitrator list or lists to the parties. IV. Discussion and Commission FINRA is therefore proposing to Lists to the Parties) of the Code of Findings Arbitration Procedure for Industry amend FINRA Rules 12402(c)(1), After careful review of the proposed Disputes (‘‘Industry Code,’’ and together 12403(b)(1), and 13403(c)(1) to provide rule change and the comment letters, with the Customer Code, the ‘‘Codes’’), that the ODR Director will send the list the Commission finds that the proposal a party must serve an answer on each or lists generated by NLSS to all parties is consistent with the requirements of other party to an arbitration within the at the same time, within approximately the Exchange Act and the rules and timeframes specified under the 30 days after the last answer is due, regulations thereunder that are applicable provisions of the Codes. For regardless of the parties’ agreement to 13 applicable to a national securities example, FINRA Rule 12303 requires a extend any answer due date. association.24 Specifically, the respondent to serve an answer As parties must return the ranked Commission finds that the rule change specifying the relevant facts and arbitrator list or lists to the ODR is consistent with Section 15A(b)(6) of available defenses to the statement of Director no more than 20 days after the the Exchange Act,25 which requires, claim on each other party to the date upon which the ODR Director sent 14 among other things, that FINRA rules be arbitration within 45 days of receipt of the list or lists to the parties, sending designed to prevent fraudulent and the statement of claim (the ‘‘answer due the list or lists after the original due date manipulative acts and practices, to date’’).6 If there are multiple for the last answer would give all parties promote just and equitable principles of respondents to an arbitration, and the the same amount of time to create their trade, and, in general, to protect respondents are added at different ranked arbitrator list or lists. Further, FINRA believes that sending the list or investors and the public interest. times, each respondent would have a As stated in the Notice, the proposal 7 lists at this time would result in earlier different answer due date. The Codes would ‘‘enable the parties, or their 8 arbitrator appointment and, therefore, currently require the ODR Director to counsel, to evaluate and rank the 9 an earlier initial prehearing conference wait until after the last answer is due arbitrator list or lists at the same time to send the list or lists of arbitrators at which the hearings are scheduled.15 FINRA believes that in the many that they prepare their responses in generated by NLSS to the parties. those circumstances where the parties Specifically, the Codes provide that the instances in which the parties agree to 26 extend an answer due date, the request an extension to answer.’’ The ODR Director must send the list or lists Commission notes that FINRA believes of arbitrators to all parties at the same proposed rule change would help arbitrations conclude in less time than that ‘‘the proposal would shorten the time within approximately 30 days after time it takes for such arbitrations to 10 they do under current rules.16 FINRA the last answer is due. conclude and, thereby, make the forum Currently, when parties to an further notes that, currently, parties more efficient and the case arbitration agree to extend the deadline often jointly request that the ODR administration process more for when an answer is due, the ODR Director send the list or lists to the expeditious for investors.’’ 27 The Director uses that new, agreed-upon parties before the last answer is due.17 Commission also notes that currently, extended answer due date as the last III. Comment Summary ‘‘parties often jointly request that the answer due date for sending the ODR Director send the list or lists before arbitrator list or lists to the parties.11 As noted above, the Commission the last answer due date deadline.’’ 28 FINRA believes that by sending the received five comment letters on the proposed rule change, all of which The Commission further notes that all five commenters were supportive of the 5 supported the proposal.18 One The subsequent description of the proposed rule 29 change is substantially excerpted from FINRA’s commenter described the proposal as ‘‘a proposal. Taking into consideration description in the Notice. See Notice, 82 FR at fair, equitable and reasonable approach FINRA’s views and the commenters’ 22363–22364. that would facilitate the fairness and unanimous support, the Commission 6 See also FINRA Rule 13303. believes that the proposal is consistent 7 If an amended claim adds a new party to the efficiency of the participant experience in the FINRA arbitration forum and with the Exchange Act. Specifically, the arbitration, the new party would be required to Commission believes that the proposal serve an answer on all other parties within 45 days should, accordingly, be approved by the of receipt of the claim. See FINRA Rules 12306, SEC on an expedited basis.’’ 19 Another will help protect investors and the 12310, 13306, and 13310. commenter called the proposal an public interest by streamlining the 8 Unless the Codes provide that the ODR Director 20 arbitration process by concluding the may not delegate a specific function, the term ‘‘outstanding initiative.’’ Two

includes FINRA staff to whom the ODR Director has commenters expressed the view that the 21 delegated authority. See FINRA Rules 12100(k) and See Gitomer Letter; PIABA Letter. 22 13100(k). See also FINRA Rules 12103 and 13103. See Caruso Letter; Bakhtiari Letter; Gitomer 12 See Notice at 22363. Letter; PIABA Letter. 9 The answer due date for the last respondent 13 See id. 23 added to the arbitration would be when the last PIABA Letter at 2. 14 See FINRA Rules 12402(d)(3), 12403(c)(3), and 24 answer is due for purposes of the Codes. In approving this rule change, the Commission 13404(d). 10 The Codes also state that the parties will has considered the rule’s impact on efficiency, 15 See FINRA Rules 12500(c) and 13500(c); see receive employment history for the past 10 years competition, and capital formation. See 15 U.S.C. Notice at 22363. and other background information for each 78c(f). 16 25 arbitrator listed. See FINRA Rules 12402, 12403, See Notice at 22363. 15 U.S.C. 78o–3(b)(6). and 13403. 17 See id. at 22364. 26 Notice at 22364. 11 FINRA stated that in 2015, parties requested an 18 See Caruso Letter, Bakhtiari Letter; Gitomer 27 Id. extension to answer in approximately 65 percent of Letter; PIABA Letter; Gomez Letter. 28 Id. arbitration cases served; in 2016, the figure was 19 Caruso Letter. 29 See Caruso Letter, Bakhtiari Letter; Gitomer approximately 62 percent. See Notice at 22363 n.9. 20 Gomez Letter. Letter; PIABA Letter; Gomez Letter.

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arbitrator selection process at an earlier Web site at www.nyse.com, at the to be executed via the BOLD date. Accordingly, the Commission principal office of the Exchange, and at Mechanism.’’ 7 ATP Holders that ‘‘step- believes that the approach proposed by the Commission’s Public Reference up’’ to trade against a BOLD Initiating FINRA is appropriate and designed to Room. Order will be considered BOLD protect investors and the public interest, Responding Order for purposes of this II. Self-Regulatory Organization’s consistent with Section 15A(b)(6) of the proposed rule change. As such, the Statement of the Purpose of, and Exchange Act. For these reasons, the Exchange proposes to define a ‘‘BOLD Statutory Basis for, the Proposed Rule Commission finds that the proposed Responding Order’’ as ‘‘an order that Change rule change is consistent with the trades with the BOLD Initiating Exchange Act and the rules and In its filing with the Commission, the Order.’’ 8 The Exchange believes these regulations thereunder. self-regulatory organization included proposed changes would add clarity and statements concerning the purpose of, transparency to the Fee Schedule. V. Conclusion and basis for, the proposed rule change Regarding pricing, the Exchange It is therefore ordered pursuant to and discussed any comments it received proposes that Non-Customer 9 and Section 19(b)(2) of the Exchange Act 30 on the proposed rule change. The text Professional Customer orders executed that the proposal (SR–FINRA–2017– of those statements may be examined at via BOLD would be charged the same 009), be and hereby is approved. the places specified in Item IV below. rate as currently applied to Electronic For the Commission, by the Division of The Exchange has prepared summaries, executions in standard options Trading and Markets, pursuant to delegated set forth in sections A, B, and C below, contracts, based on participant type and authority.31 of the most significant parts of such whether the option traded is a Penny 10 Eduardo A. Aleman, statements. Pilot issue. The Exchange proposes to Assistant Secretary. apply a per contract credit for all BOLD A. Self-Regulatory Organization’s Initiating Orders that are Customer [FR Doc. 2017–13104 Filed 6–22–17; 8:45 am] Statement of the Purpose of, and the orders executed via BOLD, which credit BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule would be the greater of $0.12 or the Change rebate amount achieved through the SECURITIES AND EXCHANGE 1. Purpose Amex Customer Engagement (‘‘ACE’’) 11 COMMISSION Program. The Exchange proposes to The purpose of this filing is to exclude from this proposed credit any [Release No. 34–80964; File No. SR– establish fees and credits for a recently transactions in Binary Return NYSEMKT–2017–37] adopted Exchange trading mechanism Derivatives—or ByRDs—executed via known as Broadcast Order Liquidity BOLD as ByRDs transactions are not Self-Regulatory Organizations; NYSE Delivery Mechanism (‘‘BOLD’’), which currently subject to transaction 4 MKT LLC; Notice of Filing and was launched on May 31, 2017. charges.12 The Exchange proposes to Immediate Effectiveness of Proposed BOLD is a new feature within the impose no fee on Customer orders that Change To Modify the NYSE Amex Exchange’s trading system that provides are BOLD Responding Orders. The Options Fee Schedule automated order handling in eligible Exchange notes that, as proposed, NYSE orders that are executable against June 19, 2017. Amex Options Market Makers would quotations disseminated by other Pursuant to Section 19(b)(1) 1 of the not be assessed Marketing Charges for exchanges that are participants in the Securities Exchange Act of 1934 (the transactions executed via the BOLD Options Order Protection and Locked/ 13 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Mechanism. The Exchange believes Crossed Market Plan.5 notice is hereby given that, on June 9, this proposed change would encourage First, the Exchange proposes to adopt 2017, NYSE MKT LLC (the ‘‘Exchange’’ Market Makers to provide additional definitions related to BOLD. The or ‘‘NYSE MKT’’) filed with the liquidity to orders directed to BOLD Exchange proposes to define the ‘‘BOLD Securities and Exchange Commission Mechanism for execution on the Mechanism’’ as referring to ‘‘the (the ‘‘Commission’’) the proposed rule Exchange. Exchange’s automated order handling change as described in Items I, II, and The Exchange proposes that, for eligible orders in designated classes, III below, which Items have been beginning in June 2017, volume pursuant to Rule 994NY.’’ 6 As a general prepared by the self-regulatory matter, the BOLD Mechanism is 7 See id. organization. The Commission is Exchange functionality that allows ATP 8 See id. publishing this notice to solicit 9 Holders to ‘‘step-up’’ and trade against Non-Customers include Broker-Dealers, comments on the proposed rule change orders that are exposed by the Exchange DOMMs, e-Specialists, Firms, Market Makers, and from interested persons. Specialists. prior to such orders being routed to 10 See Fee Schedule, Section I.A. (Rates for I. Self-Regulatory Organization’s another market or posted on the Standard Options transactions—Electronic and Statement of the Terms of Substance of Exchange’s order book. ATP Holders Manual), available here, https://www.nyse.com/ _ the Proposed Rule Change that submit orders that are designated to publicdocs/nyse/markets/amex-options/NYSE Amex_Options_Fee_Schedule.pdf. The Exchange proposes to modify the be BOLD-eligible will be considered 11 See proposed Fee Schedule, Section I.M. NYSE Amex Options Fee Schedule BOLD Initiating Orders for purposes of (BOLD Mechanism Fees & Credits). (‘‘Fee Schedule’’). The Exchange this proposed rule change. As such, the 12 See Fee Schedule, supra note 11, at footnote 5 Exchange proposes to define a ‘‘BOLD to Section I.A. (excluding transactions in ByRDs proposes to implement the fee change from transaction fees and credits) and proposed Fee effective June 9, 2017. The proposed Initiating Order’’ as ‘‘an order submitted Schedule, Section I.M., at footnote 2 (excluding change is available on the Exchange’s ByRDs from proposed credit for executions via the 4 See Securities Exchange Act Release Nos. 80494 BOLD Mechanism). See also Fee Schedule, Section (April 20, 2017) 82 FR 19300 (April 26, 2017) (SR– I.H. (Early Adopter Specialist) (providing incentive 30 15 U.S.C. 78s(b)(2). NYSEMKT–2017–21) and 80695 (May 16, 2017) to Specialists appointed to trade ByRDs). 31 17 CFR 200.30–3(a)(12). (SR–NYSEMKT–2017–28). 13 See proposed Fee Schedule, Section I.M., at 1 15 U.S.C.78s(b)(1). 5 See Rule 994NY. footnote 1. Only Market Makers incur Marketing 2 15 U.S.C. 78a. 6 See proposed Fee Schedule, Key Terms and Charges, such charges are not imposed on any other 3 17 CFR 240.19b–4. Definitions. market participants.

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executed via BOLD would be included same or lower fees as are currently Exchange believes that removing the for purposes of calculating monthly imposed on these market participants Marketing Charges should incentivize volume thresholds for the Market Maker for Electronic transactions executed on Market Makers to more actively provide Sliding Scale and the ACE Program.14 the Exchange. liquidity in response to orders Also beginning in June 2017, the Further, the Exchange believes the submitted via BOLD.22 To the extent Exchange proposes to apply fees proposed treatment of Customer orders that the proposed changes attract incurred via the BOLD Mechanism to executed via BOLD—i.e., the proposed additional order flow to the Exchange, the Prepayment Programs.15 credit for BOLD Initiating Orders, no fee this would result in liquidity and more Finally, the Exchange proposes to for BOLD Responding Orders and trading opportunities to the benefit of make a clarifying change to the ACE absence of Marketing Charge—is all market participants. Program to make clear that ATP Holders reasonable, equitable, and not unfairly In addition, the Exchange believes the that achieve Tier 2 and are eligible to discriminatory as these fees and credits proposed changes are consistent with receive the $0.19 per contract credit for recognize the benefits of additional the Act because to the extent the BOLD Electronic Customer Complex Orders liquidity delivered to the Exchange Mechanism permits the Exchange to would receive such credit ‘‘regardless of when ATP Holders utilize the BOLD continue to attract greater volume and whether the Complex Order trades Mechanism. Specifically, the proposed liquidity, the proposed change would against interest in the Complex Order pricing provides an incentive for improve the Exchange’s overall Book or with individual orders and Customer orders that are marketable competitiveness and strengthen its quotes in the Consolidated Book.’’ 16 against the National Best Bid/Offer market quality for all market The Exchange notes that this treatment (‘‘NBBO’’) to be sent to NYSE Amex, participants. would be consistent with how other which benefits all market participants Finally, the Exchange believes the credits for Complex Orders achieved by providing more trading proposed clarifying change to the ACE through the ACE Program are handled.17 opportunities. The Exchange also notes Program regarding how credits for The Exchange believes this change that other markets have utilized pricing Complex Orders would be handled is would add clarity, transparency and incentives for features similar to the consistent with the Act as this change internal consistency to the Fee BOLD Mechanism and therefore the would add clarity, transparency and Schedule. concept is not new or novel.20 The internal consistency to the Fee Exchange also notes that it is reasonable Schedule. In addition, the proposal to 2. Statutory Basis to exclude transactions in ByRDs from remove extraneous language from The Exchange believes that the the proposed credit for BOLD Initiating Section I.C. of the Fee Schedule 23 proposed rule change is consistent with Orders because ByRDs are not currently would likewise add clarity, Section 6(b) of the Act,18 in general, and subject to any transaction fees.21 transparency and internal consistency to furthers the objectives of Sections Further, the proposal to include the Fee Schedule. 19 orders executed via the BOLD 6(b)(4) and (5) of the Act, in particular, B. Self-Regulatory Organization’s Mechanism for purposes of calculating because it provides for the equitable Statement on Burden on Competition allocation of reasonable dues, fees, and monthly volume thresholds for the In accordance with Section 6(b)(8) of other charges among its members, Market Maker Sliding Scale and the the Act,24 the Exchange does not believe issuers and other persons using its ACE Program, as well as to apply fees that the proposed rule change would facilities and does not unfairly incurred for BOLD transactions to the impose any burden on competition that discriminate between customers, Prepayment Program, are reasonable, is not necessary or appropriate in issuers, brokers or dealers. equitable, and not unfairly furtherance of the purposes of the Act. The Exchange believes applying discriminatory as these programs are The Exchange believes the proposed standard transaction fees (based on designed to encourage participation by credit for Customer orders executed via participant type and whether a Penny Customers and Market Makers in the BOLD and the proposed absence of a fee Pilot issue) for Non-Customer and full spectrum of NYSE Amex Options for Customer orders that are BOLD Professional Customer orders executed transactions. The Exchange also believes Responding Orders are pro-competitive using the BOLD Mechanism is it is reasonable, equitable, and not as the proposed pricing is designed to reasonable, equitable, and not unfairly unfairly discriminatory to not impose encourage Order Flow Providers discriminatory, because these market Marketing Charges on NYSE Amex (‘‘OFPs’’) to direct Customer order flow participants would be subject to the Market Makers for orders executed via the BOLD Mechanism because such to the Exchange and any resulting increase in volume and liquidity to the 14 See proposed Fee Schedule, Sections I.C. orders do not interact with quoted (NYSE Amex Options Market Maker Sliding Scale— markets but are required to be filled at Exchange would benefit all Exchange Electronic and Manual) and I.E (ACE Program). The prices no worse than the NBBO. The participants through increased Exchange also proposes to remove from Section I.C. opportunities to trade as well as of the Fee Schedule the now-superfluous language 20 See, e.g., Nasdaq ISE Schedule of Fees, enhancing price discovery. The ‘‘[e]ffective January 3, 2017,’’ which would add available here, https://www.ise.com/fees (Section clarity and transparency to the Fee Schedule. See proposed fees for Non-Customer and IV.G., providing credit for responses to Flash proposed Fee Schedule, Section I.C. Professional Customer orders executed Orders). See also NASDAQ PHLX LLC Pricing 15 See proposed Fee Schedule, Section I.D. Schedule, available here, http:// via BOLD would not discourage (Prepayment Program). www.nasdaqtrader.com/Micro.aspx?id=phlxpricing competition and are instead intended to 16 See proposed Fee Schedule, Section I.E., n. 4 (providing that ‘‘[n]o Marketing Fees will be promote competition and better improve (ACE Program). assessed on transactions which execute against an 17 the Exchange’s competitive position. See Fee Schedule, supra note 11, Section I.E., order for which the Exchange broadcast an order Further, the proposed changes only n. 2 (providing that credits for Complex Orders exposure alert in Penny Pilot Options,’’ which achieved under Tiers 4 or 5 of the ACE Program exposure alert is similar to BOLD). would be paid ‘‘regardless of whether the Complex 21 The Exchange notes that ByRDs, which were re- 22 The Exchange also notes that other options Order trades against interest in the Complex Order launched in 2016, are exempted from standard exchanges do not charge marketing fees for orders Book or with individual orders and quotes in the transaction fees and are also not subject to monthly similar to BOLD-designated orders. See supra note Consolidated Book’’). rights fees. See Fee Schedule, supra note 11, 21 (citing NASDAQ PHLX fee schedule). 18 15 U.S.C. 78f(b). Section I.A., n. 5 and Section III. C., n. 1, 23 See supra note 15. 19 15 U.S.C. 78f(b)(4) and (5). respectively. 24 15 U.S.C. 78f(b)(8).

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affect trading on the Exchange. To the Electronic Comments SMALL BUSINESS ADMINISTRATION extent that the proposed changes make • NYSE Amex a more attractive Use the Commission’s Internet comment form (http://www.sec.gov/ [Disaster Declaration #15183 and #15184; marketplace for market participants at KANSAS Disaster #KS–00102] other exchanges, such market rules/sro.shtml); or participants are welcome to become • Send an email to rule-comments@ Presidential Declaration of a Major ATP Holders on the Exchange. sec.gov. Please include File Number SR– Disaster for Public Assistance Only for The Exchange notes that it operates in NYSEMKT–2017–37 on the subject line. the State of KANSAS a highly competitive market in which Paper Comments AGENCY: U.S. Small Business market participants can readily favor Administration. • competing venues. In such an Send paper comments in triplicate ACTION: Notice. environment, the Exchange must to Secretary, Securities and Exchange continually review, and consider Commission, 100 F Street NE., SUMMARY: This is a Notice of the adjusting, its fees and credits to remain Washington, DC 20549–1090. Presidential declaration of a major competitive with other exchanges. For disaster for Public Assistance Only for All submissions should refer to File the reasons described above, the the State of KANSAS (FEMA–4319–DR), Number SR–NYSEMKT–2017–37. This Exchange believes that the proposed dated 06/16/2017. file number should be included on the rule change reflects this competitive Incident: Severe Winter Storm, environment. subject line if email is used. To help the Snowstorm, Straight-line Winds, and Commission process and review your Flooding. C. Self-Regulatory Organization’s comments more efficiently, please use Incident Period: 04/28/2017 through Statement on Comments on the only one method. The Commission will 05/03/2017. Proposed Rule Change Received From post all comments on the Commission’s DATES: Effective 06/16/2017. Members, Participants, or Others Internet Web site (http://www.sec.gov/ Physical Loan Application Deadline rules/sro.shtml). Copies of the No written comments were solicited Date: 08/15/2017. submission, all subsequent or received with respect to the proposed Economic Injury (Eidl) Loan amendments, all written statements rule change. Application Deadline Date: 03/16/2018. with respect to the proposed rule ADDRESSES: III. Date of Effectiveness of the change that are filed with the Submit completed loan applications to: U.S. Small Business Proposed Rule Change and Timing for Commission, and all written Administration, Processing and Commission Action communications relating to the Disbursement Center, 14925 Kingsport proposed rule change between the Road, Fort Worth, TX 76155. The foregoing rule change is effective Commission and any person, other than upon filing pursuant to Section FOR FURTHER INFORMATION CONTACT those that may be withheld from the : A. 19(b)(3)(A) 25 of the Act and public in accordance with the Escobar, Office of Disaster Assistance, subparagraph (f)(2) of Rule 19b–4 26 U.S. Small Business Administration, provisions of 5 U.S.C. 552, will be thereunder, because it establishes a due, 409 3rd Street SW., Suite 6050, available for Web site viewing and fee, or other charge imposed by the Washington, DC 20416, (202) 205–6734. printing in the Commission’s Public Exchange. Reference Room, 100 F Street NE., SUPPLEMENTARY INFORMATION: Notice is At any time within 60 days of the Washington, DC 20549, on official hereby given that as a result of the President’s major disaster declaration on filing of such proposed rule change, the business days between the hours of 06/16/2017, Private Non-Profit Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the temporarily suspend such rule change if organizations that provide essential filing also will be available for services of governmental nature may file it appears to the Commission that such inspection and copying at the principal action is necessary or appropriate in the disaster loan applications at the address office of the Exchange. All comments public interest, for the protection of listed above or other locally announced received will be posted without change; investors, or otherwise in furtherance of locations. the Commission does not edit personal the purposes of the Act. If the The following areas have been identifying information from Commission takes such action, the determined to be adversely affected by Commission shall institute proceedings submissions. You should submit only the disaster: under Section 19(b)(2)(B) 27 of the Act to information that you wish to make Primary Counties: Cherokee, Cheyenne, determine whether the proposed rule available publicly. All submissions Crawford, Decatur, Finney, Gove, change should be approved or should refer to File Number SR– Graham, Grant, Greeley, Hamilton, disapproved. NYSEMKT–2017–37, and should be Haskell, Kearny, Lane, Logan, Morton, submitted on or before July 14, 2017. Neosho, Norton, Rawlins, Scott, IV. Solicitation of Comments For the Commission, by the Division of Seward, Sheridan, Sherman, Stanton, Interested persons are invited to Trading and Markets, pursuant to delegated Stevens, Thomas, Wallace, Wichita. submit written data, views, and authority.28 The Interest Rates are: arguments concerning the foregoing, Eduardo A. Aleman, including whether the proposed rule Assistant Secretary. Percent change is consistent with the Act. [FR Doc. 2017–13095 Filed 6–22–17; 8:45 am] For Physical Damage: Comments may be submitted by any of BILLING CODE 8011–01–P Non-Profit Organizations with the following methods: Credit Available Elsewhere ... 2.500 Non-Profit Organizations with- 25 15 U.S.C. 78s(b)(3)(A). out Credit Available Else- 26 17 CFR 240.19b–4(f)(2). where ...... 2.500 27 15 U.S.C. 78s(b)(2)(B). 28 17 CFR 200.30–3(a)(12). For Economic Injury:

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Percent their startups speed the launch, growth Metrics and scale of their businesses. A broad • What are your fundraising goals or Non-Profit Organizations with- set of models used to support start-ups metrics? (aside from the 4-to-1 match) out Credit Available Else- will better serve the entire • Is there a plan in place to secure/ where ...... 2.500 entrepreneurial ecosystem. Whether an work to secure funds (cash, in-kind accelerator is industry focused, donations, or sponsorships) in a 4-to-1 The number assigned to this disaster technology focused, product centric, proportion to the prize dollars received? for physical damage is 15183B and for cohort based or more long term, all are • Aside from metrics required by economic injury is 15184B. valuable players in the nation’s high- SBA, what are 5 key metrics you will (Catalog of Federal Domestic Assistance growth entrepreneurial ecosystem that use to self-evaluate? Number 59008) ultimately creates jobs. • What does success look like? James E. Rivera, 2. Eligibility Rules for Participating in Additionally, participants in this the Competition: This Competition is Associate Administrator for Disaster Competition must utilize models of Assistance. open only to previous Growth operation that include most, if not all, Accelerator Fund Competition Winners [FR Doc. 2017–13118 Filed 6–22–17; 8:45 am] of the following elements: (2014–2016). Previous winners should • Selective process to choose BILLING CODE 8025–01–P be established private entities, such as participating startups. corporations or non-profit organizations • Regular networking opportunities SMALL BUSINESS ADMINISTRATION that are already incorporated and offered to startups. maintain a primary place of business • Introductions to customers, Announcement of Growth Accelerator and operation in the United States. partners, suppliers, advisory boards and Fund Competition Entities that have an outstanding, other players. unresolved financial obligation to, or • High-growth and tech-driven AGENCY: U.S. Small Business that are currently suspended or startup mentorship and Administration. debarred by, the Federal Government commercialization assistance. ACTION: Notice. are not eligible for this Competition. • Shared working environments Federal, state, local and tribal agencies focused on building a strong startup SUMMARY: The U.S. Small Business are also not eligible for this community. Administration (SBA) announces the Competition. • Resource sharing and co-working 2017 Growth Accelerator Fund 3. Registration and Entry Submission arrangements for startups. Competition, pursuant to the America Process for Contestants: Contestants • Opportunities to pitch ideas and Competes Act, to recognize the nation’s must submit their 2017 Growth startups to investors along with other most innovative accelerators and award Accelerator Fund applications online capital formation avenues to startups. them cash prizes they may use to fund using the link designated for that • Small amounts of angel money, their operations costs and allow them to purpose on www.sba.gov/accelerators, seed capital or structured loans to bring startup companies to scale and where the link will be posted. In startups. new ideas to life. addition to the basic details collected in • Service to underserved DATES: The submission period for that short application form, contestants communities, such as women, veterans, entries begins 12:00 p.m. EDT, June 23, must also complete and submit deck, and economically disadvantaged 2017 and ends July 21, 2017 at 4:59 p.m. similar to one that would be used in a individuals. EDT. Winners will be announced no pitch competition, which must address 4. Prizes for Winners: Prizes will be later than Fall 2017. all of the items identified below: paid in lump sum via the Automated FOR FURTHER INFORMATION CONTACT: Mission and Vision Clearing House (ACH). Winners will be Nagesh Rao, Office of Investment and • What is your accelerator’s mission required to create an account in the Innovation, U.S. Small Business in one sentence? System for Award Management (SAM) Administration, 409 Third Street SW., • What specific elements make your in order to receive an award, and should 6th Floor, Washington, DC 20416, (202) accelerator model stand out? have their paperwork and system’s 205–6565, [email protected]. • What experiences prepare your credentials established prior to receipt SUPPLEMENTARY INFORMATION: team for this? of the award. Impact 5. Selection of Winners: Competition Competition Details • What gaps does or will your entries will be evaluated by a review 1. Subject of Competition: The SBA is accelerator and/or thrust/program fill? committee that may be compromised of seeking to identify the nation’s most • What are the specifics of your SBA officials, including District Office innovative and promising small model and how it will accomplish the employees, other federal agencies, and/ business accelerators and incubators in above? or private sector experts. Winners will order to infuse them with additional • What has been your success/metrics be selected based upon how well they resource capital that ultimately so far? address the criteria identified in Items 2 stimulates the growth and development • Please explain your overall and 3 of this Competition of startups from within the statistics of the start-up life cycle? announcement. In judging entries, entrepreneurial communities they serve. Implementation special consideration will be given to For the purposes of this Competition, • What is your plan for the prize those accelerator models which support Growth Accelerators include money if you win? one or more of the following: accelerators, incubators, co-working • Provide basics of business plan and • STEM/Small Business Innovation startup communities, shared tinker- phases for implementation. Research (SBIR) spaces or other models to accomplish • Aside from the founding team • Women-Owned or Minority-Owned similar goals. Regardless of the specific members, what do you look for in staff? Small Businesses (Underserved model employed, Growth Accelerators • What are the largest risk factors you Communities) focus on helping entrepreneurs and see? • Rural Communities

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• Veterans Focused Communities entering a submission, each contestant Dated: June 15, 2017. In addition, in order to achieve agrees to grant SBA an irrevocable, non- John R. Williams, nationwide distribution of prizes for the exclusive, worldwide, royalty-free Director, Office of Innovation and purpose of stimulating the growth and license to use materials, concepts, and Technology. development of startups across the other similar items of intellectual [FR Doc. 2017–13074 Filed 6–22–17; 8:45 am] entire United States, SBA may take into property proposed in, or developed BILLING CODE 8025–01–P account applicants’ geographic locations during operations conducted pursuant and areas of service when selecting to, its submission for purposes winners, including support to consistent with the Agency’s mission. DEPARTMENT OF STATE geographic regions that traditionally have limited access to capital, the 9. Publicity Rights: By registering and [Public Notice: 10043] underserved, women, the maker entering a submission, each contestant community, and American Indian, consents to SBA’s and its agents’ use, in In the Matter of the Amendment of the Alaska Native or Native Hawaiian perpetuity, of its name, likeness, Designation of Hizballah (and Other populations. photograph, voice, opinions, and/or Aliases) as a Foreign Terrorist 6. Applicable Law: This Competition hometown and state information for Organization Pursuant to Section 219 is being conducted by SBA pursuant to promotional or informational purposes of the Immigration and Nationality Act, the government wide prize competition through any form of media, worldwide, as Amended authority at 15 U.S.C. 3719. By without further payment or Based upon a review of the participating in this Competition, each consideration. Administrative Record assembled contestant gives its full and 10. Liability and Insurance pursuant to Section 219 of the unconditional agreement to the Official Requirements: By registering and Immigration and Nationality Act, as Rules and the related administrative entering a submission, each contestant amended (8 U.S.C. 1189) (‘‘INA’’), and decisions described in this notice, agrees to assume any and all risks and in consultation with the Attorney which are final and binding in all General and the Secretary of the matters related to the Competition. waive claims against the Federal Government and its related entities, Treasury, I have concluded that there is Contestants remain solely responsible a sufficient factual basis to find that the for complying with all applicable except in the case of willful misconduct, for any injury, death, damage, or loss of following are aliases of Hizballah (and federal laws, including licensing, export other aliases): Lebanese Hizballah, also property, revenue, or profits, whether control, and nonproliferation laws, and known as Lebanese Hezbollah, also direct, indirect, or consequential, arising related regulations. A contestant’s known as LH; Foreign Relations from their participation in this eligibility for a prize award is Department, also known as FRD; and contingent upon their fulfilling all Competition, whether the injury, death, External Security Organization, also requirements identified in this notice. damage, or loss arises through known as ESO, also known as Foreign Publication of this notice is not an negligence or otherwise. Given this Action Unit, also known as Hizballah obligation of funds on the part of SBA. Competition does not involve ESO, also known as Hizballah SBA reserves the right to modify or potentially hazardous activities or the International, also known as Special cancel this Competition, in whole or in use of government property, contestants Operations Branch, also known as part, at any time prior to the award of are not required to obtain liability External Services Organization, also prizes. insurance or demonstrate financial known as External Security 7. Conflicts of Interest: No individual resources to cover claims by a third Organization of Hezbollah. acting as a judge at any stage of this party for death, bodily injury, or Therefore, pursuant to Section 219(b) Competition may have personal or property damage or loss resulting from of the INA, as amended (8 U.S.C. financial interests in, or be an employee, any activity it carries out in connection 1189(b), I hereby amend the designation officer, director, or agent of any with its participation in this of Hizballah as a foreign terrorist contestant or have a familial or financial Competition, or claims by the Federal organization to include the following relationship with a contestant. Government for damage or loss to new aliases: Lebanese Hizballah, also 8. Intellectual Property Rights: All Government property resulting from known as Lebanese Hezbollah, also entries submitted in response to this such an activity. known as LH; Foreign Relations Competition will remain the sole Department, also known as FRD; and intellectual property of the individuals 11. Record Retention and Disclosure: External Security Organization, also or organizations that developed them. All submissions and related materials known as ESO, also known as Foreign By registering and entering a provided to SBA in the course of this Action Unit, also known as Hizballah submission, each contestant represents Competition automatically become SBA ESO, also known as Hizballah and warrants that it is the sole author records and cannot be returned. International, also known as Special and copyright owner of the submission, Contestants should identify any Operations Branch, also known as and that the submission is an original confidential commercial information External Services Organization, also work of the contestant, or if the contained in their entries at the time of known as External Security submission is a work based on an their submission. Organization of Hezbollah. existing application, that the contestant Award Approving Official: John R. This determination shall be published has acquired sufficient rights to use and in the Federal Register. to authorize others to use the Williams, Director, Office of Innovation submission, and that the submission and Technology, U.S. Small Business Dated: May 16, 2017. does not infringe upon any copyright or Administration, 409 Third Street SW., Rex W. Tillerson, upon any other third party rights of Washington, DC 20416. Secretary of State. which the contestant is aware. Authority: 15 U.S.C. 3719 [FR Doc. 2017–13325 Filed 6–22–17; 8:45 am] Additionally, by registering and BILLING CODE 4710–10–P

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DEPARTMENT OF STATE Therefore, pursuant to Section 1(b) of Dated: May 16, 2017. Executive Order 13224, I hereby amend Rex W. Tillerson, [Public Notice: 10046] the designation of al-Qa’ida in the Secretary of State. Arabian Peninsula (and other aliases) as [FR Doc. 2017–13318 Filed 6–22–17; 8:45 am] In the Matter of the Amendment of the a Specially Designated Global Terrorist BILLING CODE 4710–AD–P Designation of al-Qa’ida in the Arabian to include Sons of Abyan, Sons of Peninsula (and Other Aliases) as a Hadramawt, Sons of Hadramawt Foreign Terrorist Organization Committee, Civil Council of SURFACE TRANSPORTATION BOARD Pursuant to Section 219 of the Hadramawt, and National Hadramawt Immigration and Nationality Act Council as aliases. [Docket No. AB 1009 (Sub-No. 1X)] Based upon a review of the This determination shall be published Mission Mountain Railroad, L.L.C.— administrative record assembled in this in the Federal Register. Discontinuance of Service matter pursuant to Section 219 of the Dated: May 15, 2017. Exemption—in Flathead County, Mont. Immigration and Nationality Act, as amended (8 U.S.C. 1189 (‘‘INA’’), and in Rex Tillerson, On June 5, 2017, Mission Mountain consultation with the Attorney General Secretary of State. Railroad, L.L.C. (MMT), filed with the and the Secretary of the Treasury, I have [FR Doc. 2017–13319 Filed 6–22–17; 8:45 am] Board a petition under 49 U.S.C. 10502 concluded that there is a sufficient BILLING CODE 4710–10–P for exemption from the prior approval factual basis to find that al-Qa’ida in the requirements of 49 U.S.C. 10903 to Arabian Peninsula uses the additional discontinue its lease operations over aliases Sons of Abyan, Sons of DEPARTMENT OF STATE approximately 2.7 miles of rail line Hadramawt, Sons of Hadramawt owned by BNSF Railway Company Committee, Civil Council of [Public Notice: 10044] (BNSF) in Flathead County, Mont. (the Hadramawt, and National Hadramawt Line). The Line is located from milepost Council. In the Matter of the Amendment of the 1225.19 to milepost 1227.58 and from Therefore, pursuant to Section 219(b) Designation of Hizballah (and Other milepost 1226.91 to Engineering Station of the INA, as amended (8 U.S.C. Aliases) as a Specially Designated 189+36 (milepost 1227.10) in Kalispell, 1189(b), I hereby amend the designation Global Terrorist Mont. and traverses United States Postal of al-Qa’ida in the Arabian Peninsula as Service Zip Code 59901.1 a Foreign Terrorist Organization to Based upon a review of the MMT states that based on information include Sons of Abyan, Sons of administrative record assembled in this in BNSF’s possession, the Line does not Hadramawt, Sons of Hadramawt matter, and in consultation with the contain any federally granted rights-of- Committee, Civil Council of Attorney General and the Secretary of way. It states that any documentation in Hadramawt, and National Hadramawt the Treasury, I have concluded that MMT’s possession will be made Council as aliases. there is a sufficient factual basis to find available to those requesting it. This determination shall be published MMT states that it began operating that Hizballah (and other aliases): 2 in the Federal Register. Lebanese Hizballah, also known as over the Line in December 2004 and since that time has provided service to Dated: May 15, 2017. Lebanese Hezbollah, also known as LH; Foreign Relations Department, also two customers located on the Line. Rex Tillerson, MMT represents that the two customers Secretary of State. known as FRD; and External Security Organization, also known as ESO, also on the Line do not oppose the [FR Doc. 2017–13322 Filed 6–22–17; 8:45 am] discontinuance of service because they known as Foreign Action Unit, also BILLING CODE 4710–10–P will be relocated to Glacier Rail Park. known as Hizballah ESO, also known as As a condition to this exemption, any Hizballah International, also known as employee adversely affected by the Special Operations Branch, also known DEPARTMENT OF STATE discontinuance of service shall be as External Services Organization, also protected under Oregon Short Line known as External Security [Public Notice: 10045] Railroad—Abandonment Portion Organization of Hezbollah. Goshen Branch Between Firth & In the Matter of the Amendment of the Therefore, pursuant to Section 1(b) of Ammon, in Bingham & Bonneville Designation of al-Qa’ida in the Arabian Executive Order 13224, I hereby amend Counties, Idaho, 360 I.C.C. 91 (1979). Peninsula and Other Aliases as a the designation of Hizballah as a By issuance of this notice, the Board Specially Designated Global Terrorist Specially Designated Global Terrorist to is instituting an exemption proceeding Entity Pursuant to Executive Order include the following new aliases: pursuant to 49 U.S.C. 10502(b). A final 13224 Lebanese Hizballah, also known as decision will be issued by September Based upon a review of the Lebanese Hezbollah, also known as LH; 22, 2017. administrative record assembled in this Foreign Relations Department, also Because this is a discontinuance matter, and in consultation with the known as FRD; and External Security proceeding and not an abandonment Attorney General and the Secretary of Organization, also known as ESO, also proceeding, trail use/rail banking and the Treasury, I have concluded that known as Foreign Action Unit, also there is a sufficient factual basis to find known as Hizballah ESO, also known as 1 BNSF is seeking to abandon the Line in BNSF Railway—Abandonment Exemption—in Flathead that al-Qa’ida in the Arabian Peninsula Hizballah International, also known as Special Operations Branch, also known County, Mont., Docket No. AB 6 (Sub-No. 495X). (and other aliases) uses the additional According to MMT, the customers do not oppose aliases Sons of Abyan, Sons of as External Services Organization, also the abandonment. Hadramawt, Sons of Hadramawt known as External Security 2 MMT states that it acquired authority to lease a Organization of Hezbollah. line of rail including the Line in January 2005. See Committee, Civil Council of Mission Mountain R.R.—Acquis. & Lease Hadramawt, and National Hadramawt This determination shall be published Exemption—Burlington N. & Santa Fe Ry., FD Council. in the Federal Register. 34634 (STB served Jan. 19, 2005).

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public use conditions are not aeronautical lease concerning the acreage is currently being used as rental appropriate. Because environmental subject property. property and once was occupied by an review is being conducted in the BNSF In accordance with federal regulations FAA Flight Service Station. The abandonment proceeding in Docket No. this notice is required to be published purpose of this request is to AB 6 (Sub-No. 495X), this in the Federal Register 30 days before permanently change the use of the discontinuance does not require an the FAA can approve of this proposal property given there is no potential for environmental review. and grant the land release request. future aviation use, as demonstrated by Any offer of financial assistance DATES: Comments must be received on the Airport Layout Plan. Subsequent to (OFA) under 49 CFR 1152.27(b)(2) to or before July 24, 2017. the implementation of the proposed subsidize continued rail service will be ADDRESSES: Comments on this change in use, rents received by the due no later than October 2, 2017, or 10 application may be mailed or delivered airport from this property must be used days after service of a decision granting to the following address: Nils A. Heinke, in accordance with FAA’s Policy and the petition for exemption, whichever President, Elkins, Randolph County Procedures Concerning the Use of occurs sooner. Each OFA must be Regional Airport, 400 Airport Road, Airport Revenue, published in the accompanied by a $1,700 filing fee. See Elkins, West Virginia 26241, 304–636– Federal Register on February 16, 1999. 49 CFR 1002.2(f)(25). 2726. Any person may inspect the request All filings in response to this notice And at the FAA Beckley Airports by appointment at the FAA office must refer to Docket No. AB 1009 (Sub- Field Office:, Matthew DiGiulian, address listed above. Interested persons No. 1X) and must be sent to: (1) Surface Manager, Beckley Airports Field Office, are invited to comment. All comments Transportation Board, 395 E Street SW., 176 Airport Circle, Room 101, Beaver, will be considered by the FAA to the Washington, DC 20423–0001; and (2) West Virginia, (304) 252–6216. extent practicable. Karl Morell, 440 1st Street NW., Suite FOR FURTHER INFORMATION CONTACT: Issued in Beaver, West Virginia June 9, 400, Washington, DC 20001. Replies to Connie Boley-Lilly, Program Specialist, 2017. this petition are due on or before July Beckley Airports Field Office, location Matthew DiGiulian, 13, 2017. listed above. Manager, Beckley Airports Field Office. Persons seeking further information The request for change in use of on- [FR Doc. 2017–13181 Filed 6–22–17; 8:45 am] concerning discontinuance procedures airport property may be reviewed in BILLING CODE 4910–13–P may contact the Board’s Office of Public person at this same location. Assistance, Governmental Affairs, and SUPPLEMENTARY INFORMATION: The Compliance at (202) 245–0238 or refer following is a brief overview of the DEPARTMENT OF TRANSPORTATION to the full abandonment and request: discontinuance regulations at 49 CFR pt. The Elkins, Randolph County Federal Highway Administration 1152. Assistance for the hearing Regional Airport Authority, requests to Notice of Final Federal Agency Actions impaired is available through the change the use of 2.03 acres of on- on The Hampton Roads Crossing Federal Information Relay Service airport property from aeronautical to Study in the Cities of Hampton and (FIRS) at 1–800–877–8339. non-aeronautical use and to enter into a Norfolk, Virginia Board decisions and notices are long term non-aeronautical lease available on our Web site at concerning this property. No land shall AGENCY: Federal Highway WWW.STB.GOV. be sold as part of this land release Administration (FHWA), DOT. Decided: June 16, 2017. request. The property is situated on the ACTION: Notice of limitation on claims By the Board, Rachel D. Campbell, southeast corner of the airport. The for judicial review of actions by FHWA. Director, Office of Proceedings. Emerson Phares Building is an 80′ x ′ SUMMARY: This notice announces actions Brendetta S. Jones, 146 brick and mortar building situated taken by FHWA that are final. The Clearance Clerk. on 2.03 acres. This building was built in 1988 for the purpose of housing an FAA actions relate to the widening of [FR Doc. 2017–13132 Filed 6–22–17; 8:45 am] Flight Service Station. It is no longer Interstate 64 to a consistent six-lane BILLING CODE 4915–01–P needed by the FAA for that purpose. facility between Interstates 664 and 564 The release is being requested in order and the addition of a new bridge-tunnel to re-classify the building as non- parallel to the existing Interstate 64 DEPARTMENT OF TRANSPORTATION aeronautical use for the purpose of Hampton Roads Bridge Tunnel. Those entering into a long term lease actions grant licenses, permits, and Federal Aviation Administration agreement with the Randolph County approvals for the project. DATES: By this notice, FHWA is advising Notice of Intent To Rule on a Land Commission. The lease term will be for the public of final agency actions Release Request at Elkins, Randolph a minimum of 30 years to utilize the subject to 23 U.S.C. 139(l)(1). A claim County Regional Airport, Elkins, WV building as a 911 Emergency Services Communications Center. The release of seeking judicial review of the Federal AGENCY: Federal Aviation the property to facilitate the agency actions on the project will be Administration (FAA) DOT. reclassification of the building will barred unless the claim is filed on or ACTION: Notice and request for comment. result in a direct benefit to the Airport before November 20, 2017. If the Federal Authority which will be realized in the law that authorizes judicial review of a SUMMARY: The FAA is requesting public form of monetary gain from the claim provides a time period of less comment on the Elkins, Randolph collection of rental/lease fees. The 2.03 than 150 days for filing such claim, then County Regional Airport Authority’s acre area requested to be designated as that shorter time period still applies. proposal to change 2.03 acres of airport non-aeronautical is unable to be utilized FOR FURTHER INFORMATION CONTACT: For property at Elkins, Randolph County for aviation purposes because it is FHWA: Mr. Edward Sundra, Director of Regional Airport, Elkins, West Virginia located outside the airport perimeter Program Development, FHWA Virginia from aeronautical to non-aeronautical fence, and airside operations area, and Division, 400 North 8th Street, use and to enter into a long term non- is inaccessible by aircraft. The subject Richmond, Virginia 23219; telephone:

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(804) 775–3357; email: Ed.Sundra@ implementing Executive Order 12372 Project would improve I–5 through the dot.gov. The FHWA Virginia Division regarding intergovernmental consultation on JBLM area and relieve existing and Office’s normal business hours are 8:00 Federal programs and activities apply to this expected future congestion on I–5 a.m. to 4:30 p.m. (Eastern Time). For the program.) within the vicinity of JBLM, improve Virginia Department of Transportation: Authority: 23 U.S.C. 139(l)(1). local and mainline system efficiency, Scott Smizik, 1401 East Broad Street, Issued On: June 13, 2017. enhance mobility, improve safety, and Richmond, Virginia 23219; email: Edward Sundra, increase transit and Transportation [email protected]; Director of Program Development Demand Management (TDM) telephone: (804) 371–4082. The Virginia [FR Doc. 2017–12812 Filed 6–22–17; 8:45 am] opportunities by reducing I–5 travel Department of Transportation’s normal times and improving accessibility at BILLING CODE 4910–RY–P business hours are 7:00 a.m. to 4:00 p.m. Thorne Lane and Berkeley Street. The SUPPLEMENTARY INFORMATION: Notice is actions by the Federal agencies, and the hereby given that FHWA has taken final DEPARTMENT OF TRANSPORTATION laws under which such actions were agency actions subject to 23 U.S.C. taken, are described in the Revised 139(l)(1) by issuing licenses, permits, Federal Highway Administration Environmental Assessment (REA) for and approvals for the following project the project approved on May 23, 2017, in the State of Virginia: Hampton Roads Notice of Final Federal Agency Actions and in the Finding of No Significant Crossing Study in the Cities of Hampton on Proposed Highway in Washington Impact (FONSI) approved on May 23, and Norfolk. The project involves the AGENCY: Federal Highway 2017, and in other documents in the widening of Interstate 64 to a consistent Administration (FHWA), Department of project records. The EA, FONSI, and six-lane facility between Interstates 664 Transportation (DOT). other project records are available from FHWA and WSDOT at the addresses and 564 and the addition of a new ACTION: Notice of limitation on claims bridge-tunnel parallel to the existing for judicial review of actions by FHWA. provided above and can be found at: Interstate 64 Hampton Roads Bridge http://www.wsdot.wa.gov/Projects/I5/ Tunnel. The actions taken by FHWA, SUMMARY: This notice announces actions MountsRdThorneLn/EA.htm. and the laws under which such actions taken by the FHWA that are final. The This notice applies to all Federal were taken, are described in the Final action relates to the issuance of a agency decisions that are final as of the Supplemental Environmental Impact Finding of No Significant Impact for the issuance date of this notice and all laws Statement (SEIS) and Record of Decision Interstate 5 Joint Base Lewis-McChord under which such actions were taken, (ROD). The Final SEIS was signed on (JBLM) Congestion Relief Project in the including but not limited to April 25, 2017. The ROD was signed on vicinity of JBLM in southern Pierce 1. General: National Environmental June 12, 2017. The Final SEIS, ROD and County, State of Washington. Policy Act (NEPA) (42 U.S.C. 4321– other supporting documentation can be DATES: By this notice, the FHWA is 4351); Federal-Aid Highway Act (23 viewed on the project’s Web site at: advising the public of final agency U.S.C. 109 and 23 U.S.C. 128). http://hamptonroadscrossingstudy.org/. actions subject to 23 U.S.C. 139(l)(1). A 2. Air: Clean Air Act (42 U.S.C. 7401– These documents and other project claim seeking judicial review of the 7671q). records are also available by contacting Federal agency actions on the highway 3. Land: Section 4(f) of the Department FHWA or the Virginia Department of project will be barred unless the claim of Transportation Act of 1966 (49 Transportation at the phone numbers is filed on or before November 20, 2017. U.S.C. 303; 23 U.S.C. 138); and addresses listed above. If the Federal law that authorizes Landscaping and Scenic This notice applies to all Federal judicial review of a claim provides a Enhancement (Wildflowers) (23 agency decisions as of the issuance date time period of less than 150 days for U.S.C. 319). of this notice and all laws under which filing such claim, then that shorter time 4. Wildlife: Endangered Species Act (16 such actions were taken, including but period still applies. U.S.C. 1531–1544 and Section 1536); not limited to: FOR FURTHER INFORMATION CONTACT: For Marine Mammal Protection Act (16 1. General: National Environmental FHWA, Dean Moberg, Area Engineer, U.S.C. 1361–1423h); Fish and Policy Act (NEPA) [42 U.S.C. 4321– Federal Highway Administration, 711 S. Wildlife Coordination Act (16 U.S.C. 4351]; Federal-Aid Highway Act Capitol Way, Suite 501, Olympia, WA 661–667d); Migratory Bird Treaty Act (FAHA) [23 U.S.C. 109 and 23 U.S.C. 98501–1284, 360–534–9344, or (16 U.S.C. 703–712). 128]. [email protected]; or Jeff Sawyer, 5. Historic and Cultural Resources: 2. Air: Clean Air Act [42 U.S.C. 7401– Region Environmental Manager, Section 106 of the National Historic 7671(q)]. Washington State Department of Preservation Act of 1966, as amended 3. Land: Section 4(f) of the Transportation, P.O. Box 47440, (16 U.S.C. 470f); Archeological Department of Transportation Act of Tumwater, WA 98501, 360–570–6701, Resources Protection Act of 1977 (16 1966 [49 U.S.C. 303; 23 U.S.C. 138]. or [email protected]. U.S.C. 470aa–470mm); Archeological 4. Wildlife: Endangered Species Act SUPPLEMENTARY INFORMATION: Notice is and Historic Preservation Act (16 [16 U.S.C. 1531–1544 and Section hereby given that FHWA has taken final U.S.C. 469–469c); Native American 1536]. agency action(s) subject to 23 U.S.C. Grave Protection and Repatriation Act 5. Historic and Cultural Resources: 139(l)(1) by issuing licenses, permits, (NAGPRA) (25 U.S.C. 3001–3013). Section 106 of the National Historic and approvals for the following highway 6. Social and Economic: American Preservation Act of 1966, as amended project in the State of Washington: The Indian Religious Freedom Act (42 [54 U.S.C. 306108]. purpose of the proposed action is to U.S.C. 1996); Farmland Protection 6. Social and Economic: Farmland reduce chronic traffic congestion and Policy Act (FPPA) (7 U.S.C. 4201– Protection Policy Act [7 U.S.C. 4201– improve person and freight mobility 4209). 4209]. along I–5 in the vicinity of JBLM while 7. Wetlands and Water Resources: Clean (Catalog of Federal Domestic Assistance continuing to maintain access to the Water Act (Section 404, Section 401, Program Number 20.205, Highway Planning communities and military installations Section 319) (33 U.S.C. 1251–1387); and Construction. The regulations neighboring the freeway. The proposed Land and Water Conservation Fund

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(LWCF) (16 U.S.C. 4601–4604); Safe one eye. The Agency has concluded that at the end of the 2-year period. Drinking Water Act (SDWA) (42 granting these exemptions will provide Accordingly, FMCSA has evaluated the U.S.C. 300f–300j–26)); Rivers and a level of safety that is equivalent to or 10 applications on their merits and Harbors Act of 1899 (33 U.S.C. 401– greater than the level of safety made a determination to grant 406); Wild and Scenic Rivers Act (16 maintained without the exemptions for exemptions to each of them. U.S.C. 1271–1287); Emergency these CMV drivers. III. Vision and Driving Experience of Wetlands Resources Act, (16 U.S.C. DATES: The exemptions were granted the Applicants 3901, 3921); Wetlands Mitigation (23 May 25, 2017. The exemptions expire U.S.C. 119(g) and 133(b)(14)); Flood on May 25, 2019. The vision requirement in the Disaster Protection Act, 42 U.S.C. FMCSRs provides: FOR FURTHER INFORMATION CONTACT: Ms. A person is physically qualified to 4012a, 4106). Christine A. Hydock, Chief, Medical 8. Executive Orders: E.O. 11990 drive a commercial motor vehicle if that Programs Division, (202) 366–4001, Protection of Wetlands; E.O. 11988 person has distant visual acuity of at [email protected], FMCSA, Floodplain Management; E.O. 12898, least 20/40 (Snellen) in each eye Department of Transportation, 1200 Federal Actions to Address without corrective lenses or visual New Jersey Avenue SE., Room W64– Environmental Justice in Minority acuity separately corrected to 20/40 113, Washington, DC 20590–0001. Populations and Low Income (Snellen) or better with corrective Office hours are 8:30 a.m. to 5 p.m., e.t., Populations; E.O. 11593 Protection lenses, distant binocular acuity of a least Monday through Friday, except Federal and Enhancement of Cultural 20/40 (Snellen) in both eyes with or holidays. If you have questions Resources; E.O. 13007 Indian Sacred without corrective lenses, field of vision regarding viewing or submitting ° Sites; E.O. 13287 Preserve America; of at least 70 in the horizontal meridian material to the docket, contact Docket E.O. 13175 Consultation and in each eye, and the ability to recognize Services, telephone (202) 366–9826. Coordination with Indian Tribal the colors of traffic signals and devices Governments; E.O. 11514 Protection SUPPLEMENTARY INFORMATION: showing red, green, and amber (49 CFR and Enhancement of Environmental I. Electronic Access 391.41(b)(10)). Quality; E.O. 13112 Invasive Species. FMCSA recognizes that some drivers 9. Navigation: Rivers and Harbors Act of You may see all the comments online do not meet the vision requirement but 1899 [33 U.SC. 403]; General Bridge through the Federal Document have adapted their driving to Act of 1946 [33 U.S.C 9 and 11]. Management System (FDMS) at http:// accommodate their limitation and www.regulations.gov. demonstrated their ability to drive (Catalog of Federal Domestic Assistance Docket: For access to the docket to safely. The 10 exemption applicants Program Number 20.205, Highway Planning read background documents or and Construction. The regulations listed in this notice are in this category. implementing Executive Order 12372 comments, go to http:// They are unable to meet the vision regarding intergovernmental consultation on www.regulations.gov and/or Room requirement in one eye for various Federal programs and activities apply to this W12–140 on the ground level of the reasons, including amblyopia, complete program.) West Building, 1200 New Jersey Avenue loss of vision, enucleation, glaucoma, Authority: 23 U.S.C. 139(l)(1). SE., Washington, DC, between 9 a.m. and prosthetic eye. In most cases, their and 5 p.m., e.t., Monday through Friday, Issued on: June 13, 2017. eye conditions were not recently except Federal holidays. developed. Nine of the applicants were Daniel M. Mathis, Privacy Act: In accordance with 5 either born with their vision Division Administrator, Olympia, U.S.C. 553(c), DOT solicits comments impairments or have had them since Washington. from the public to better inform its childhood. [FR Doc. 2017–12814 Filed 6–22–17; 8:45 am] rulemaking process. DOT posts these The one individual that sustained BILLING CODE 4910–RY–P comments, without edit, including any their vision condition as an adult has personal information the commenter had it for 12 years. provides, to www.regulations.gov, as Although each applicant has one eye DEPARTMENT OF TRANSPORTATION described in the system of records which does not meet the vision Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can requirement in 49 CFR 391.41(b)(10), Administration be reviewed at www.dot.gov/privacy. each has at least 20/40 corrected vision in the other eye, and in a doctor’s II. Background [Docket No. FMCSA–2017–0016] opinion, has sufficient vision to perform On April 24, 2017, FMCSA published all the tasks necessary to operate a CMV. Qualification of Drivers; Exemption a notice of receipt of exemption Doctors’ opinions are supported by the Applications; Vision applications from certain individuals, applicants’ possession of valid AGENCY: Federal Motor Carrier Safety and requested comments from the commercial driver’s licenses (CDLs) or Administration (FMCSA), DOT. public (82 FR 18954). That notice listed non-CDLs to operate CMVs. Before ACTION: Notice of final disposition. 10 applicants’ case histories. The 10 issuing CDLs, States subject drivers to individuals applied for exemptions from knowledge and skills tests designed to SUMMARY: FMCSA announces its the vision requirement in 49 CFR evaluate their qualifications to operate a decision to exempt 10 individuals from 391.41(b)(10), for drivers who operate CMV. the vision requirement in the Federal CMVs in interstate commerce. All of these applicants satisfied the Motor Carrier Safety Regulations Under 49 U.S.C. 31136(e) and 31315, testing requirements for their State of (FMCSRs). They are unable to meet the FMCSA may grant an exemption for a 2- residence. By meeting State licensing vision requirement in one eye for year period if it finds ‘‘such exemption requirements, the applicants various reasons. The exemptions will would likely achieve a level of safety demonstrated their ability to operate a enable these individuals to operate that is equivalent to or greater than the CMV, with their limited vision, to the commercial motor vehicles (CMVs) in level that would be achieved absent satisfaction of the State. interstate commerce without meeting such exemption.’’ The statute also While possessing a valid CDL or non- the prescribed vision requirement in allows the Agency to renew exemptions CDL, these 10 drivers have been

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authorized to drive a CMV in intrastate that other monocular drivers, meeting traffic and traffic signals is generally commerce, even though their vision the same qualifying conditions as those required because distances between disqualified them from driving in required by the waiver program, are also them are more compact. These interstate commerce. They have driven likely to have adapted to their vision conditions tax visual capacity and CMVs with their limited vision in deficiency and will continue to operate driver response just as intensely as careers ranging for 5 to 52 years. In the safely. interstate driving conditions. The past three years, no drivers were The first major research correlating veteran drivers in this proceeding have involved in crashes and one driver was past and future performance was done operated CMVs safely under those convicted of a moving violation in a in England by Greenwood and Yule in conditions for at least 3 years, most for CMV. 1920. Subsequent studies, building on much longer. Their experience and The qualifications, experience, and that model, concluded that crash rates driving records lead us to believe that medical condition of each applicant for the same individual exposed to each applicant is capable of operating in were stated and discussed in detail in certain risks for two different time interstate commerce as safely as he/she the April 24, 2017 notice (82 FR 18954). periods vary only slightly (See Bates has been performing in intrastate and Neyman, University of California IV. Basis for Exemption Determination commerce. Consequently, FMCSA finds Publications in Statistics, April 1952). that exempting these applicants from Under 49 U.S.C. 31136(e) and 31315, Other studies demonstrated theories of the vision requirement in 49 CFR FMCSA may grant an exemption from predicting crash proneness from crash 391.41(b)(10) is likely to achieve a level the vision requirement in 49 CFR history coupled with other factors. of safety equal to that existing without 391.41(b)(10) if the exemption is likely These factors—such as age, sex, the exemption. For this reason, the to achieve an equivalent or greater level geographic location, mileage driven and Agency is granting the exemptions for of safety than would be achieved conviction history—are used every day the 2-year period allowed by 49 U.S.C. without the exemption. Without the by insurance companies and motor 31136(e) and 31315 to the 10 applicants exemption, applicants will continue to vehicle bureaus to predict the listed in the notice of April 24, 2017 (82 be restricted to intrastate driving. With probability of an individual FR 18954). the exemption, applicants can drive in experiencing future crashes (See Weber, We recognize that the vision of an interstate commerce. Thus, our analysis Donald C., ‘‘Accident Rate Potential: An applicant may change and affect his/her focuses on whether an equal or greater Application of Multiple Regression ability to operate a CMV as safely as in level of safety is likely to be achieved by Analysis of a Poisson Process,’’ Journal the past. As a condition of the permitting each of these drivers to drive of American Statistical Association, exemption, therefore, FMCSA will in interstate commerce as opposed to June 1971). A 1964 California Driver impose requirements on the 10 restricting him or her to driving in Record Study prepared by the California individuals consistent with the intrastate commerce. Department of Motor Vehicles grandfathering provisions applied to To evaluate the effect of these concluded that the best overall crash drivers who participated in the exemptions on safety, FMCSA predictor for both concurrent and Agency’s vision waiver program. considered the medical reports about nonconcurrent events is the number of Those requirements are found at 49 the applicants’ vision as well as their single convictions. This study used 3 CFR 391.64(b) and include the driving records and experience with the consecutive years of data, comparing the following: (1) That each individual be vision deficiency. experiences of drivers in the first 2 years physically examined every year (a) by To qualify for an exemption from the with their experiences in the final year. an ophthalmologist or optometrist who vision requirement, FMCSA requires a Applying principles from these attests that the vision in the better eye person to present verifiable evidence studies to the past 3-year record of the continues to meet the requirement in 49 that he/she has driven a commercial 10 applicants, no drivers were involved CFR 391.41(b)(10) and (b) by a medical vehicle safely with the vision deficiency in crashes and one driver was convicted examiner who attests that the individual for the past 3 years. Recent driving of a moving violation in a CMV. All the is otherwise physically qualified under performance is especially important in applicants achieved a record of safety 49 CFR 391.41; (2) that each individual evaluating future safety, according to while driving with their vision provide a copy of the ophthalmologist’s several research studies designed to impairment, demonstrating the or optometrist’s report to the medical correlate past and future driving likelihood that they have adapted their examiner at the time oaf the annual performance. Results of these studies driving skills to accommodate their medical examination; and (3) that each support the principle that the best condition. As the applicants’ ample individual provide a copy of the annual predictor of future performance by a driving histories with their vision medical certification to the employer for driver is his/her past record of crashes deficiencies are good predictors of retention in the driver’s qualification and traffic violations. Copies of the future performance, FMCSA concludes file, or keep a copy in his/her driver’s studies may be found at Docket Number their ability to drive safely can be qualification file if he/she is self- FMCSA–1998–3637. projected into the future. employed. The driver must have a copy FMCSA believes it can properly apply We believe that the applicants’ of the certification when driving, for the principle to monocular drivers, intrastate driving experience and history presentation to a duly authorized because data from the Federal Highway provide an adequate basis for predicting Federal, State, or local enforcement Administration’s (FHWA) former waiver their ability to drive safely in interstate official. study program clearly demonstrate the commerce. Intrastate driving, like driving performance of experienced interstate operations, involves V. Discussion of Comments monocular drivers in the program is substantial driving on highways on the FMCSA received one comment in this better than that of all CMV drivers interstate system and on other roads proceeding. Cheyenne Imlay stated she collectively (See 61 FR 13338, 13345, built to interstate standards. Moreover, is against granting the exemptions due March 26, 1996). The fact that driving in congested urban areas to safety concerns. FMCSA is required experienced monocular drivers exposes the driver to more pedestrian to evaluate medical reports regarding demonstrated safe driving records in the and vehicular traffic than exists on each applicant’s vision deficiency, as waiver program supports a conclusion interstate highways. Faster reaction to well as each applicant’s driving records,

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in order to determine if an equal or SUMMARY: Spartan Motors USA, Inc. III. Noncompliance: Spartan explains greater level of safety is likely to be (Spartan), has determined that certain that the noncompliance is that the achieved by permitting each of the model year (MY) 2017 Spartan wheels on the subject vehicles applicants to drive in interstate Emergency Response Metro Star motor incorrectly identify the rim size as 24.5″ commerce as opposed to restricting him vehicles do not fully comply with x 8.25″ instead of 22.5″ x 8.25″, and or her to driving in intrastate commerce. Federal Motor Vehicle Safety Standard therefore do not meet the requirements The Agency completed this evaluation (FMVSS) No. 120, Tire selection and of paragraph S5.2(b) of FMVSS No. 120. for each of the 10 applicants listed in rims and motor home/recreation vehicle IV. Rule Text: paragraph S5.2 of this notice and determined that an trailer load carrying capacity FMVSS No. 120 states: equivalent or greater level of safety is information for motor vehicles with a S5.2 Rim marking. Each rim or, at the likely to be achieved by granting the GVWR of more than 4,536 kilograms option of the manufacturer in the case exemptions as would be without the (10,000 pounds). Spartan filed a of a single-piece wheel, wheel disc shall exemptions. noncompliance information report be marked with the information listed in dated December 6, 2016. Spartan also paragraphs (a) through (e) of this IV. Conclusion petitioned NHTSA on January 4, 2017, paragraph, in lettering not less than 3 Based upon its evaluation of the 10 for a decision that the subject millimeters high, impressed to a depth exemption applications, FMCSA noncompliance is inconsequential as it or, at the option of the manufacturer, exempts the following drivers from the relates to motor vehicle safety. embossed to a height of not less than 0.125 millimeters . . . vision requirement in 49 CFR ADDRESSES: For further information on (b) The rim size designation, and in 391.41(b)(10): this decision contact Kerrin Bressant, case of multipiece rims, the rim type Russel R. Dixon (VA) Office of Vehicle Safety Compliance, the designation. For example: 20 x 5.50, or Robert A. Fasset (MI) National Highway Traffic Safety 20 x 5.5. William M. Hanes (OH) Administration (NHTSA), telephone V. Summary of Spartan’s Petition: Ryan P. Lambert (UT) (202) 366–1110, facsimile (202) 366– Spartan described the subject Richard D. Patterson (TN) 5930. noncompliance and stated its belief that Jonathan W. Pryor (OK) SUPPLEMENTARY INFORMATION: the noncompliance is inconsequential Ernesto Silva (NM) I. Overview: Spartan Motors USA, Inc. as it relates to motor vehicle safety. Dennis L. Spence (WA) (Spartan), has determined that certain In support of its petition, Spartan Gordon R. Ulm (OH) model year (MY) 2017 Spartan provided the following: Chassis cabs Gary L. Warner (VA) Emergency Response Metro Star motor affected by this condition are In accordance with 49 U.S.C. 31136(e) vehicles do not fully comply with manufactured in two or more stages. and 31315, each exemption will be valid paragraph S5.2(b) of Federal Motor While in general, Spartan is the for 2 years unless revoked earlier by Vehicle Safety Standard (FMVSS) No. incomplete vehicle manufacturer, in FMCSA. The exemption will be revoked 120, Tire selection and rims and motor this case, Spartan provides a label that if: (1) The person fails to comply with home/recreation vehicle trailer load contains the requirements identified in the terms and conditions of the carrying capacity information for motor 49 CFR 567.5(a)(2)(iv), which states that exemption; (2) the exemption has vehicles with a GVWR of more than a label must be affixed to an incomplete resulted in a lower level of safety than 4,536 kilograms (10,000 pounds). vehicle that contains the ‘‘GROSS AXLE was maintained before it was granted; or Spartan filed a noncompliance report WEIGHT RATING’’ or ‘‘GVWR’’, (3) continuation of the exemption would dated December 6, 2016, pursuant to 49 followed by the appropriate value in not be consistent with the goals and CFR part 573, Defect and kilograms and (pounds) for each axle, objectives of 49 U.S.C. 31136 and 31315. Noncompliance Responsibility and identified in order from front to rear If the exemption is still effective at the Reports. Spartan also petitioned NHTSA (e.g., front, first intermediate, second end of the 2-year period, the person may on January 4, 2017, pursuant to 49 intermediate, rear). The ratings for any apply to FMCSA for a renewal under U.S.C. 30118(d) and 30120(h) and 49 consecutive axles having identical gross procedures in effect at that time. CFR part 556, for an exemption from the axle weight ratings when equipped with Issued on: June 14, 2017. notification and remedy requirements of tires having the same tire size designation may be stated as a single Larry W. Minor, 49 U.S.C. Chapter 301 on the basis that this noncompliance is inconsequential value, with the label indicating to which Associate Administrator for Policy. as it relates to motor vehicle safety. axles the ratings apply. Similar [FR Doc. 2017–13128 Filed 6–22–17; 8:45 am] Notice of receipt of the petition was information must be included in the BILLING CODE 4910–EX–P published, with a 30-day public incomplete vehicle document or IVD comment period on April 11, 2017, in that must be furnished by the the Federal Register (82 FR 17520). No incomplete vehicle manufacturer, as DEPARTMENT OF TRANSPORTATION comments were received. To view the required by 49 CFR 568.4(a)(5). National Highway Traffic Safety petition and all supporting documents While the actual wheel stamping may Administration log onto the Federal Docket be 24.5, the physical size (outside Management System (FDMS) Web page diameter) is 22.5. If a service provider [Docket No. NHTSA–2016–0141; Notice 2] at: http://www.regulations.gov/. Then were to reference the rim size of the follow the online search instruction to incorrectly stamped rim, and attempt to Spartan Motors USA, Inc., Grant of locate docket number ‘‘NHTSA–2016– install a tire with an inside diameter of Petition for Decision of 0141.’’ 24.5, it would be too large for the 22.5 Inconsequential Noncompliance II. Vehicles Involved: Approximately size rim and thus not fit. Given the label AGENCY: National Highway Traffic 19 MY 2017 Spartan Emergency being provided and the construction Response Metro Star motor vehicles details sheet provided in accordance Safety Administration (NHTSA), ® Department of Transportation (DOT). manufactured between September 6, with NFPA 1901 Standard for 2016, and October 24, 2016, are Automotive Fire Apparatus 2016 ACTION: Grant of petition. potentially involved. edition, Spartan believes the

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noncompliance is inconsequential as it duties found in sections 30118 and W12–140, 1200 New Jersey Avenue SE, relates to motor vehicle safety, and 30120, respectively, to notify owners, Washington, DC 20590. requests that their petition to be purchasers, and dealers of a defect or • Hand Delivery: Deliver comments exempted from providing notification of noncompliance and to remedy the by hand to U.S. Department of the noncompliance, as required by 49 defect or noncompliance. Therefore, this Transportation, Docket Operations, M– U.S.C. 30118, and a remedy for the decision only applies to the subject 30, West Building Ground Floor, Room noncompliance, as required by 49 motorcycles that Spartan no longer W12–140, 1200 New Jersey Avenue SE., U.S.C. 30120, should be granted. controlled at the time it determined that Washington, DC 20590. The Docket To view Spartan’s petition analyses in the noncompliance existed. However, Section is open on weekdays from 10 its entirety you can visit https:// the granting of this petition does not a.m. to 5 p.m. except Federal Holidays. www.regulations.gov by following the relieve vehicle distributors and dealers • Electronically: Submit comments online instructions for accessing the of the prohibitions on the sale, offer for electronically by logging onto the dockets and by using the docket ID sale, or introduction or delivery for Federal Docket Management System number for this petition shown in the introduction into interstate commerce of (FDMS) Web site at https:// heading of this notice. the noncompliant vehicles under their www.regulations.gov/. Follow the online No comments were received during control after Spartan notified them that instructions for submitting comments. the receipt notice comment period. the subject noncompliance existed. • Comments may also be faxed to NHTSA Decision Authority: (49 U.S.C. 30118, 30120: (202) 493–2251. Comments must be written in the NHTSA Analysis: Spartan Motors delegations of authority at 49 CFR 1.95 and English language, and be no greater than USA, Inc. (Spartan) explained that as 501.8). 15 pages in length, although there is no many as 19 emergency response chassis Jeffrey M. Giuseppe, limit to the length of necessary cabs may be equipped with rims that Director, Office of Vehicle Safety Compliance. attachments to the comments. If were inadvertently stamped with a 24.5 [FR Doc. 2017–13083 Filed 6–22–17; 8:45 am] comments are submitted in hard copy inch diameter x 8.25 inch width BILLING CODE 4910–59–P marking instead of 22.5 inch diameter x form, please ensure that two copies are 8.25 inch width marking which is the provided. If you wish to receive confirmation that comments you have actual size of the rim. Further, while the DEPARTMENT OF TRANSPORTATION actual diameter rim stamping may be submitted by mail were received, please enclose a stamped, self-addressed 24.5 inches, the physical size (outside National Highway Traffic Safety postcard with the comments. Note that diameter) is actually 22.5 inches. If a Administration service provider were to reference the all comments received will be posted without change to https:// stamped rim size and attempted to [Docket No. NHTSA–2017–0041; Notice 1] install a tire with an inside diameter of www.regulations.gov, including any 24.5 inches, the tire inside diameter Nissan North America, Inc., Receipt of personal information provided. would be too large for the rim diameter Petition for Decision of All comments and supporting and the two could not be fitted together. Inconsequential Noncompliance materials received before the close of In this case, the agency agrees that the business on the closing date indicated AGENCY: National Highway Traffic noncompliance is inconsequential to above will be filed in the docket and Safety Administration (NHTSA), motor vehicle safety. As stated by will be considered. All comments and Department of Transportation (DOT). Spartan, if a service provider tried to supporting materials received after the mount a 24.5 diameter tire on a 22.5 ACTION: Receipt of petition. closing date will also be filed and will diameter rim it would be unsuccessful. be considered to the fullest extent SUMMARY: Nissan North America, Inc. The inability to mount the incorrect tire possible. (Nissan), has determined that certain When the petition is granted or on the rim precludes one’s ability to model year (MY) 2016–2017 Nissan actually drive with an incorrect tire-rim denied, notice of the decision will also Titan Crew Cab motor vehicles do not be published in the Federal Register combination on public roadways. fully comply with Federal Motor Furthermore, FMVSS No. 120 paragraph pursuant to the authority indicated at Vehicle Safety Standard (FMVSS) No. the end of this notice. S5.3 requires vehicles be labeled with 201, Occupant Protection in Interior proper tire/rim size combinations. This All comments, background Impact. Nissan filed a noncompliance documentation, and supporting additional information is available to report dated April 24, 2017. Nissan also assist the vehicle operator with tire/rim materials submitted to the docket may petitioned NHTSA on May 16, 2017, for be viewed by anyone at the address and size information. a decision that the subject NHTSA’s Decision: In consideration times given above. The documents may noncompliance is inconsequential as it of the foregoing, NHTSA has decided also be viewed on the Internet at https:// relates to motor vehicle safety. that the petitioner has met its burden of www.regulations.gov by following the persuasion that the noncompliance at DATES: The closing date for comments online instructions for accessing the issue is inconsequential to motor on the petition is July 24, 2017. dockets. The docket ID number for this vehicle safety. Accordingly, Spartan’s ADDRESSES: Interested persons are petition is shown in the heading of this petition is hereby granted, and the invited to submit written data, views, notice. petitioner is exempted from the and arguments on this petition. DOT’s complete Privacy Act obligation of providing notification of, Comments must refer to the docket and Statement is available for review in a and a remedy for, the noncompliance. notice number cited in the title of this Federal Register notice published on NHTSA notes that the statutory notice and submitted by any of the April 11, 2000, (65 FR 19477–78). provisions (49 U.S.C. 30118(d) and following methods: SUPPLEMENTARY INFORMATION: 30120(h)) that permit manufacturers to • Mail: Send comments by mail I. Overview: Nissan North America, file petitions for a determination of addressed to U.S. Department of Inc. (Nissan), has determined that inconsequentiality allow NHTSA to Transportation, Docket Operations, M– certain model year (MY) 2016–2017 exempt manufacturers only from the 30, West Building Ground Floor, Room Nissan Titan Crew Cab motor vehicles

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do not fully comply with paragraphs S7 1. In the subject vehicles, the HIC(d) value, would be lower than 1,007.9 due and S10.4(b)(2) of FMVSS No. 201, value deviation for target RP2 observed to head contact with the edge of the D- Occupant Protection in Interior Impact. in the MGA test is inconsequential ring bolt trip cap and off-axis loading of Nissan filed a noncompliance report because it is impossible for an the D-Ring bolt. A test conducted in dated April 24, 2017, pursuant to 49 occupant’s head to strike this target at support of this petition with a CFR part 573, Defect and the same angle as the MGA test. horizontal approach angle of 71ß and Noncompliance Responsibility and (a) When attempting to replicate the vertical approach angle of 0ß at a Reports. Nissan also petitioned NHTSA MGA test condition with an AM50 velocity of 24.6 kph resulted in a HIC(d) on May 16, 2017, pursuant to 49 U.S.C. Hybrid III dummy (AM50 ATD), the value of 891.7. 30118(d) and 30120(h) and 49 CFR part AM50 ATD’s head cannot contact the (c) With the rear seat in the design 556, for an exemption from the RP2 compliance test impact point when position, in order for the AM50 ATD’s notification and remedy requirements of the rear seat is in the design position. It head to contact the RP2 target a 49 U.S.C. Chapter 301 on the basis that is not possible for the AM50 ATD to horizontal approach angle of sixty-five this noncompliance is inconsequential contact the RP2 target in the same head degrees (65ß) would be required, with as it relates to motor vehicle safety. form orientation as used in the FMVSS the resultant HIC(d) similar to the This notice of receipt of Nissan’s No. 201U compliance test. This lack of above, and well below the regulatory petition is published under 49 U.S.C. contact is caused by interference threshold. 30118 and 30120 and does not represent between the AM50 and the seat back of 3. In addition to the above, Nissan is any agency decision or other exercise of the second row seats. Due to this aware of four crash tests that judgment concerning the merits of the interference, the AM50 ATD’s head is demonstrate the test dummy’s head petition. 330 mm forward of the RP2 target. does not contact the RP2 target during II. Vehicles Involved: Approximately (b) When attempting to replicate the the crash event: 44,264 MY 2016–2017 Nissan Titan MGA test condition with an AM50 (a) In the Insurance Institute for Crew Cab motor vehicles, manufactured Hybrid III dummy (AM50 ATD), the Highway Safety Side Impact Moving between August 7, 2015, and February AM50 ATD’s head cannot contact the Deformable Barrier (MDB) Test 24, 2017, are potentially involved. RP2 compliance test impact point when conducted at a ninety-degree (90ß) side III. Noncompliance: During an the rear seat is in the folded position. It impact at 50 kph the test dummy head FMVSS No. 201 test performed by is not possible for the AM50 ATD to does not contact FMVSS No. 201U NHTSA and conducted at MGA contact the RP2 target in the same head S10.4(b)(2) target RP2. Research Corporation (MGA) on January form orientation as used in the FMVSS (b) In the New Car Assessment 12, 2017, the 2017 Nissan Titan Crew No. 201U compliance test. This lack of Program (NCAP) Side Impact Moving Cab NHTSA test vehicle, failed the contact is caused by interference Deformable Barrier Test conducted at HIC(d) value test and therefore did not between the AM50 ATD and the back- 61.9 kph, the test dummy head does not meet the requirements of paragraphs S7 panel trim. Due to this interference, the contact FMVSS No. 201U S10.4(b)(2) and S10.4(b)(2) of FMVSS No. 201. AM50 ATD’s head is 190 mm forward target RP2. Specifically, NHTSA’s test vehicle had of the RP2 target. (c) In a frontal impact sled test a HIC(d) value of 1,007.9, exceeding the 2. As previously demonstrated in conducted as part of an internal Nissan value permitted by the standard, which section 1, it is not possible for the AM50 evaluation, the test dummy’s head, in a states that it should not exceed 1,000. ATD to contact the D-Ring anchor cap fully rearward position, does not contact IV. Rule Text: Paragraph S7 of FMVSS in the same head form orientation as the RP2 target. No. 201 states in pertinent part: used in the MGA test. It was then (d) In a second row 18 mph side attempted to replicate any possible real impact rigid pole test conducted as part S7 Performance Criterion. The HIC(d) shall world contact of the AM50 Hybrid III not exceed 1000 when calculated in of an internal evaluation, the test accordance with the following formula: dummy’s head (AM50 ATD) and the dummy’s head does not contact the RP2 rear pillar d-ring anchor cap. A small target. range exists where it is possible for the Nissan concluded by expressing the head of the AM50 ATD to contact the belief that the subject noncompliance is rear seat belt d-ring anchor cap albeit in inconsequential as it relates to motor a manner different than the compliance vehicle safety, and that its petition to be Where the term a is the resultant head test. This range is bounded on one end exempted from providing notification of acceleration expressed as a multiple of g by the AM50 contact with either the rear the noncompliance, as required by 49 (the acceleration of gravity), and t1 and seat when in the design position or the U.S.C. 30118, and a remedy for the t2 are any two points in time during the rear trim when the seat is in the folded noncompliance, as required by 49 impact which are separated by not more position. U.S.C. 30120, should be granted. than a 36 millisecond time interval. . . (a) Interference between the AM50 To view Nissan’s petition analyses Paragraphs S10.4(b)(2) of FMVSS No. ATD and the back of the front seat limits and any supplemental information in its 201 states in pertinent part: the horizontal approach angle to thirty- entirety you can visit https:// S10.4 Rearmost pillar targets. four degrees (34°). A test conducted in www.regulations.gov by following the (b) Target RP2. . . support of this petition with a online instructions for accessing the (2) If a seat belt anchorage is located on the horizontal approach angle of 34ß and a dockets and by using the docket ID pillar, Target RP2 is any point on the vertical approach angle of 0ß at a number for this petition shown in the anchorage. . . velocity of 24.5 kph resulted in a HIC(d) heading of this notice. V. Summary of Nissan’s Petition: value of 646.2. NHTSA notes that the statutory Nissan described the subject (b) With the rear seat in the folded provisions (49 U.S.C. 30118(d) and noncompliance and stated its belief that position, in order for the AM50 ATD’s 30120(h)) that permit manufacturers to the noncompliance is inconsequential head to contact the RP2 target, a file petitions for a determination of as it relates to motor vehicle safety. horizontal approach angle of seventy- inconsequentiality allow NHTSA to In support of its petition, Nissan one degrees (71ß) would be required; the exempt manufacturers only from the submitted the following reasoning: resultant deceleration, and thus HIC(d) duties found in sections 30118 and

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30120, respectively, to notify owners, ADDRESSES: All nominations should be that a term of service of any such purchasers, and dealers of a defect or mailed to the Veterans Experience member may not exceed two years. The noncompliance and to remedy the Office, Department of Veterans Affairs, Secretary may reappoint any Board defect or noncompliance. Therefore, any 810 Vermont Avenue NW. (30), member for additional terms of service. decision on this petition only applies to Washington, DC 20420; or sent To the extent possible, the Secretary the subject vehicles that Nissan no electronically to the Advisory seeks members who have diverse longer controlled at the time it Committee Management Office mailbox professional and personal qualifications determined that the noncompliance at [email protected]. including but not limited to subject existed. However, any decision on this FOR FURTHER INFORMATION CONTACT: matter experts in the areas described petition does not relieve vehicle Kellie Condon, Ph.D., Designated above. We ask that nominations include distributors and dealers of the Federal Officer, Veterans Experience any relevant experience and information prohibitions on the sale, offer for sale, Office, Department of Veterans Affairs, so that VA can ensure diverse Board or introduction or delivery for 810 Vermont Avenue NW. (30), membership. introduction into interstate commerce of Washington, DC 20420, telephone 805– Requirements for Nomination the noncompliant vehicles under their 868–2076 or via email at Submission: Nominations should be control after Nissan notified them that [email protected]. typed written (one nomination per the subject noncompliance existed. SUPPLEMENTARY INFORMATION: In nominator). Nomination package should Authority: 49 U.S.C. 30118, 30120: carrying out the duties set forth in the include: delegations of authority at 49 CFR 1.95 and West LA Leasing Act, the Board shall: (1) A letter of nomination that clearly 501.8. (1) Provide the community with states the name and affiliation of the opportunities to collaborate and Jeffrey M. Giuseppe, nominee, the basis for the nomination communicate by conducting public Director, Office of Vehicle Safety Compliance. (i.e. specific attributes which qualify the forums; and [FR Doc. 2017–13084 Filed 6–22–17; 8:45 am] nominee for service in this capacity), (2) Focus on local issues regarding the and a statement from the nominee BILLING CODE 4910–59–P Department that are identified by the indicating a willingness to serve as a community with respect to health care, member of the Board; implementation of the Master Plan, and DEPARTMENT OF VETERANS any subsequent plans, benefits, and (2) The nominee’s contact AFFAIRS memorial services at the Campus. information, including name, mailing Information on the Master Plan can be address, telephone numbers, and email Solicitation of Nominations for found at https://www.losangeles.va.gov/ address; Appointment to the Veterans and masterplan/. (3) The nominee’s curriculum vitae, Community Oversight and not to exceed three pages and a one page Engagement Board Authority: The Board is a statutory committee established as required by Section cover letter; and ACTION: Notice, amended. 2(i) of the West Los Angeles Leasing Act of (4) A summary of the nominee’s 2016, Public Law 114–226 (the West LA experience and qualifications relative to SUMMARY: The Department of Veterans Leasing Act). The Board operates in the membership criteria and Affairs (VA) is seeking nominations of accordance with the provisions of the Federal professional qualifications criteria listed qualified candidates to be considered Advisory Committee Act (FACA), as above. for appointment as a member of the amended, 5 U.S.C. App. 2. The Department makes every effort to Veterans and Community Oversight and Membership Criteria and ensure that the membership of VA Engagement Board (herein after referred Qualifications: VA is seeking Federal advisory committees is diverse in this section to as ‘‘the Board’’) for the nominations for Board membership. The in terms of points of view represented VA West Los Angeles Campus in Los Board is composed of twelve members and the committee’s capabilities. Angeles, CA (‘‘Campus’’). The Board is and several ex-officio members. Appointments to this Board shall be established to coordinate locally with The members of the Board are made without discrimination because of the Department of Veterans Affairs to appointed by the Secretary of Veterans a person’s race, color, religion, sex, identify the goals of the community and Affairs from the general public, from sexual orientation, gender identity, Veteran partnership; provide advice and various sectors and organizations, and national origin, age, disability, or recommendations to the Secretary to shall meet the following qualifications, genetic information. Nominations must improve services and outcomes for as set forth in the West LA Leasing Act: (1) Not less than 50% of members state that the nominee is willing to serve Veterans, members of the Armed Forces, shall be Veterans; and as a member of the Board and appears and the families of such Veterans and (2) Non-Veteran members shall be: to have no conflict of interest that members; and provide advice and a. Family members of Veterans, would preclude membership. An ethics recommendations on the b. Veteran advocates, review is conducted for each selected implementation of the Draft Master Plan c. Service providers, nominee. approved by the Secretary on January d. Real estate professionals familiar 28, 2016, and on the creation and with housing development projects, or Dated: June 19, 2017. implementation of any other successor e. Stakeholders. Jelessa M. Burney, master plans. In accordance with the Board Charter, Federal Advisory Committee Management DATES: Nominations for membership on the Secretary shall determine the Officer. the Board must be received no later than number, terms of service, and pay and [FR Doc. 2017–13073 Filed 6–22–17; 8:45 am] 5:00p.m. EST on July 7, 2017. allowances of Board members, except BILLING CODE 8320–01–P

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Part II

The President

Notice of June 21, 2017—Continuation of the National Emergency With Respect to North Korea Notice of June 21, 2017—Continuation of the National Emergency With Respect to the Western Balkans

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Federal Register Presidential Documents Vol. 82, No. 120

Friday, June 23, 2017

Title 3— Notice of June 21, 2017

The President Continuation of the National Emergency With Respect to North Korea

On June 26, 2008, by Executive Order 13466, the President declared a national emergency with respect to North Korea pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the existence and risk of proliferation of weapons-usable fissile material on the Korean Peninsula. The President also found that it was necessary to maintain certain restrictions with respect to North Korea that would otherwise have been lifted pursuant to Proclama- tion 8271 of June 26, 2008, which terminated the exercise of authorities under the Trading With the Enemy Act (50 U.S.C. App. 1–44) with respect to North Korea. On August 30, 2010, the President signed Executive Order 13551, which expanded the scope of the national emergency declared in Executive Order 13466 to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the continued actions and policies of the Government of North Korea, manifested by its unprovoked attack that resulted in the sinking of the Republic of Korea Navy ship Cheonan and the deaths of 46 sailors in March 2010; its announced test of a nuclear device and its missile launches in 2009; its actions in violation of United Nations Security Council Resolutions 1718 and 1874, including the procurement of luxury goods; and its illicit and deceptive activities in international markets through which it obtains finan- cial and other support, including money laundering, the counterfeiting of goods and currency, bulk cash smuggling, and narcotics trafficking, which destabilize the Korean Peninsula and imperil United States Armed Forces, allies, and trading partners in the region. On April 18, 2011, the President signed Executive Order 13570 to take additional steps to address the national emergency declared in Executive Order 13466 and expanded in Executive Order 13551 that would ensure the implementation of the import restrictions contained in United Nations Security Council Resolutions 1718 and 1874 and complement the import restrictions provided for in the Arms Export Control Act (22 U.S.C. 2751 et seq.). On January 2, 2015, the President signed Executive Order 13687 to expand the scope of the national emergency declared in Executive Order 13466, expanded in Executive Order 13551, and addressed further in Executive Order 13570, to address the threat to the national security, foreign policy, and economy of the United States constituted by the provocative, desta- bilizing, and repressive actions and policies of the Government of North Korea, including its destructive, coercive cyber-related actions during Novem- ber and December 2014, actions in violation of United Nations Security Council Resolutions 1718, 1874, 2087, and 2094, and commission of serious human rights abuses. On March 15, 2016, the President signed Executive Order 13722 to take additional steps with respect to the national emergency declared in Executive Order 13466, as modified in scope and relied upon for additional steps in subsequent Executive Orders, to address the Government of North Korea’s continuing pursuit of its nuclear and missile programs, as evidenced by

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its February 7, 2016, launch using ballistic missile technology and its January 6, 2016, nuclear test in violation of its obligations pursuant to numerous United Nations Security Council resolutions and in contravention of its commitments under the September 19, 2005, Joint Statement of the Six- Party Talks, that increasingly imperils the United States and its allies. The existence and risk of proliferation of weapons-usable fissile material on the Korean Peninsula and the actions and policies of the Government of North Korea continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared in Executive Order 13466, expanded in scope in Executive Order 13551, addressed further in Executive Order 13570, further expanded in scope in Executive Order 13687, and under which additional steps were taken in Executive Order 13722 of March 15, 2016, and the measures taken to deal with that national emergency, must continue in effect beyond June 26, 2017. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to North Korea declared in Executive Order 13466. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, June 21, 2017. [FR Doc. 2017–13376 Filed 6–22–17; 11:15 am] Billing code 3295–F7–P

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Notice of June 21, 2017

Continuation of the National Emergency With Respect to the Western Balkans

On June 26, 2001, by Executive Order 13219, the President declared a national emergency with respect to the Western Balkans, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706), to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of persons engaged in, or assisting, sponsoring, or supporting (i) extremist violence in the Republic of Macedonia and elsewhere in the Western Balkans region, or (ii) acts obstructing implementation of the Dayton Accords in Bosnia or United Nations Security Council Resolution 1244 of June 10, 1999, in Kosovo. The President subsequently amended that order in Executive Order 13304 of May 28, 2003, to take additional steps with respect to acts obstruct- ing implementation of the Ohrid Framework Agreement of 2001 relating to Macedonia. The actions of persons threatening the peace and international stabilization efforts in the Western Balkans, including acts of extremist violence and obstructionist activity, continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared on June 26, 2001, and the measures adopted on that date and thereafter to deal with that emergency, must continue in effect beyond June 26, 2017. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to the Western Balkans declared in Executive Order 13219. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, June 21, 2017. [FR Doc. 2017–13377 Filed 6–22–17; 11:15 am] Billing code 3295–F7–P

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Reader Aids Federal Register Vol. 82, No. 120 Friday, June 23, 2017

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 534...... 27403 Presidential Documents 3 CFR 537...... 27403 Executive orders and proclamations 741–6000 Proclamations: 539...... 27403 The United States Government Manual 741–6000 9618...... 25921 540...... 27403 9619...... 25923 Other Services 541...... 27403 9620...... 25925 544...... 27403 Electronic and on-line services (voice) 741–6020 9621...... 25927 548...... 27403 Privacy Act Compilation 741–6050 9622...... 25929 550...... 27403 Public Laws Update Service (numbers, dates, etc.) 741–6043 9623...... 27963 552...... 27403 9624...... 28389 555...... 27403 Executive Orders: ELECTRONIC RESEARCH 557...... 27403 13801...... 28229 559...... 27403 World Wide Web Administrative Orders: 560...... 27403 Memorandums: 561...... 27403 Full text of the daily Federal Register, CFR and other publications Memorandum of June Proposed Rules: is located at: www.fdsys.gov. 14, 2017 ...... 27965 381...... 27625 Federal Register information and research tools, including Public Notices: 10 CFR Inspection List, indexes, and Code of Federal Regulations are Notice of June 13, located at: www.ofr.gov. 2017 ...... 27605 72...... 25931 Notice of June 21, Proposed Rules: E-mail 2017 ...... 28743 50...... 28017 FEDREGTOC (Daily Federal Register Table of Contents Electronic Notice of June 21, 72...... 25973 Mailing List) is an open e-mail service that provides subscribers 2017 ...... 28745 712...... 28412 Presidential with a digital form of the Federal Register Table of Contents. The 12 CFR digital form of the Federal Register Table of Contents includes Determinations: HTML and PDF links to the full text of each document. No. 2017–08 of June 229...... 27551 13, 2017 ...... 27607 1263...... 25716 To join or leave, go to https://public.govdelivery.com/accounts/ No. 2017–09 of June Proposed Rules: USGPOOFR/subscriber/new, enter your email address, then 13, 2017 ...... 27609 Ch. I ...... 27217 follow the instructions to join, leave, or manage your No. 2017–07 of May 229...... 25539 subscription. 31, 2017 ...... 28387 Ch. V...... 27217 PENS (Public Law Electronic Notification Service) is an e-mail No. 2017–06 of May 701...... 26378, 26605 service that notifies subscribers of recently enacted laws. 17, 2017 ...... 28391 703...... 26378 705...... 26378 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 CFR and select Join or leave the list (or change settings); then follow 708a...... 26378, 26605 1201...... 25715 the instructions. 708b...... 26605 1800...... 26739 709...... 26378 FEDREGTOC and PENS are mailing lists only. We cannot 9301...... 28549 741...... 26378 respond to specific inquiries. Proposed Rules: 745...... 26378 Reference questions. Send questions and comments about the Ch. XXI ...... 27217 746...... 26378, 26391 Federal Register system to: [email protected] 747...... 26378 6 CFR The Federal Register staff cannot interpret specific documents or 750...... 26378 Proposed Rules: regulations. Ch. XV ...... 27217 5...... 27218 Ch. XVII ...... 27217 CFR Checklist. Effective January 1, 2009, the CFR Checklist no longer appears in the Federal Register. This information can be 7 CFR 13 CFR found online at http://bookstore.gpo.gov/. 319...... 27967 121...... 25503 800...... 26843 134...... 25503 FEDERAL REGISTER PAGES AND DATE, JUNE 945...... 28550 1260...... 27611 14 CFR 25203–25502...... 1 27771–27966...... 19 4279...... 26335 23...... 25509 25503–25714...... 2 27967–28232...... 20 Proposed Rules: 25 ...... 27105, 27107, 27404, 25715–25930...... 5 28233–28390...... 21 319 ...... 28015, 28257, 28262 27771 39 ...... 25723, 25936, 25940, 25931–26334...... 6 28391–28548...... 22 925...... 28589 26335–26570...... 7 944...... 28589 25943, 25946, 25954, 26571, 28549–28746...... 23 26573, 26576, 26579, 26580, 26571–26738...... 8 982...... 26859 986...... 27028 26843, 26979, 26982, 26985, 26739–26842...... 9 27406, 27408, 27411, 27414, 26843–26978...... 12 9 CFR 27416, 27419, 27970, 27972, 26979–27104...... 13 530...... 27403 27975, 27977, 27979, 27983, 27105–27402...... 14 531...... 27403 28393, 28395, 28397, 28399 27403–27610...... 15 532...... 27403 71 ...... 25958, 25959, 26336, 27611–27770...... 16 533...... 27403 26338, 26987, 27986, 27988,

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27990, 27991, 28233, 28401, 301...... 27334 Proposed Rules: 1...... 26411 28404 Ch. I ...... 28429 97 ...... 27992, 27995, 27997, 27 CFR 45 CFR 37 CFR 27999 Proposed Rules: 1149...... 27431 Proposed Rules: Ch. I ...... 27217 201...... 26850, 27424 1158...... 27431 39 ...... 25542, 25545, 25547, 202...... 26850, 27424 28 CFR Proposed Rules: 25550, 25552, 25554, 25556, 350...... 27016 Subtitle A ...... 26885 25742, 25744, 25746, 25748, Proposed Rules: 360...... 27016 1148...... 26763 25975, 25978, 25980, 25983, 16...... 25751 38 CFR 25986, 26403, 26615, 26617, 46 CFR 29 CFR 60...... 26592 26758, 26864, 26867, 26869, Proposed Rules: 26872, 26874, 27219, 27444, 4022...... 27422 14...... 26751 4044...... 27422 Ch. I ...... 26632 27629, 27631, 27634, 28020, 39 CFR Ch. III ...... 26632 28023, 28026, 28028, 28030, 4901...... 26990 111...... 28559 515...... 25221 28266, 28269, 28271, 28274, Proposed Rules: 520...... 25221 405...... 26877 Proposed Rules: 28592, 28594, 28596, 28599 525...... 25221 406...... 26877 3050...... 27781, 28039 71 ...... 25559, 25561, 25563, 530...... 25221 25988, 25989, 25991, 26406, 30 CFR 40 CFR 531...... 25221 26408, 26409, 26619, 27448, 532...... 25221 250...... 26741 52 ...... 25203, 25523, 25969, 27449, 28033, 28035, 28426, 535...... 25221 26351, 26594, 26596, 26754, 28603 Proposed Rules: 540...... 25221 Ch. II ...... 28429 26854, 27118, 27121, 27122, 565...... 25221 15 CFR Ch. IV...... 28429 27125, 27127, 27428, 27622, 740...... 27108 Ch. V...... 28429 28240, 28560 47 CFR 744...... 28405 Ch. VII...... 28429 60...... 25730, 28561 774...... 27108 Ch. XII...... 28429 62...... 25734, 25969 0...... 25660 922...... 26339 63...... 28562 1...... 25660 31 CFR 68...... 27133 2...... 27178 16 CFR 537...... 27613 80...... 26354 4...... 28410 15...... 27178 Proposed Rules: Proposed Rules: 81...... 25523 25...... 25205, 27178 Ch. II ...... 27636 Sub. A...... 27217 97...... 28243 36...... 25535 Ch. I ...... 27217 171...... 25529 17 CFR 54...... 28244 Ch. II ...... 27217 180 ...... 25532, 26599, 27021, 61...... 25660 145...... 28001 Ch. IV...... 27217 27144, 27149 63...... 25660 Proposed Rules: Ch. V...... 27217 232...... 26603 64...... 28566 Ch. IV...... 27217 Ch. VI...... 27217 258...... 25532 69...... 25660 Ch. VII...... 27217 312...... 28009 18 CFR 80...... 27178 Ch. VIII...... 27217 441...... 27154 90...... 27178 401...... 26989 Ch. IX...... 27217 Proposed Rules: 96...... 26857 420...... 26989 Ch. X...... 27217 52 ...... 25208, 25211, 25213, 97...... 27178 Proposed Rules: 25992, 25996, 25999, 26007, 101...... 27178, 28245 1318...... 26620 33 CFR 26634, 26638, 26762, 26883, Proposed Rules: 19 CFR 3...... 27614 27031, 27221, 27451, 27456, 100 ...... 25511, 25960, 26992, 28292, 28432, 28433, 28435, 1...... 26019 12...... 26340, 26582 27110, 27616, 28005 28605, 28611, 28614 2...... 27652 Proposed Rules: 110...... 27112, 27773 60...... 27641, 27645 8...... 25568 Ch. I ...... 27217 117 ...... 25726, 25727, 26584, 62...... 25753, 25969 25...... 27652 54...... 26653 21 CFR 26744, 26745, 26746, 27423, 63...... 28616 28006, 28552 81...... 28435 20...... 25568 814...... 26348 165 ...... 25515, 25517, 25519, 158...... 25567 73...... 25590, 26887 1308...... 26349 25521, 25728, 25962, 25964, 258...... 25568 48 CFR Proposed Rules: 25965, 26584, 26586, 26746, 312...... 28040 11...... 28277 26749, 26846, 26848, 26992, 174...... 26639, 26641 Proposed Rules: 312...... 28277 27011, 27013, 27014, 27015, 180...... 26641 Ch. 10 ...... 27217 812...... 28277 27116, 27618, 27620, 27775, 423...... 26017 252...... 28041 1308...... 25564 27776, 28007, 28234, 28235, 721...... 26644 App. J ...... 28617 701...... 28617 23 CFR 28238, 28553, 28556 42 CFR 722...... 28617 490...... 25726 Proposed Rules: Proposed Rules: Ch. I ...... 26632 49 CFR 24 CFR 100...... 27636 Ch. IV...... 26885 409...... 27222 7...... 25740 Proposed Rules: 110...... 25207, 27639 483...... 26649 270...... 26359 3285...... 28279 165 ...... 26760, 28036, 28288, 28290 488...... 27222 390...... 27766 25 CFR 541...... 28246 34 CFR 43 CFR 571...... 26360 Proposed Rules: 585...... 26360 Ch. I ...... 28429 668...... 27621 3170...... 27430 Ch. II ...... 28429 674...... 27621 Proposed Rules: Proposed Rules: Ch. III ...... 28429 682...... 27621 Subtitle A ...... 28429 383...... 26888, 26894 Ch. IV...... 28429 685...... 27621 Ch. I ...... 28429 384...... 26894 Ch. V...... 28429 Proposed Rules: Ch. II ...... 28429 387...... 25753 Ch. VI...... 28429 Ch. VI...... 27640 Subtitle B ...... 28429 390...... 27768 Subtitle A ...... 28431 Ch. IV...... 26632 Ch. VII...... 28429 44 CFR Subtitle B ...... 28431 Ch. X...... 28617 26 CFR 64...... 25739, 28565 Proposed Rules: 36 CFR Proposed Rules: 50 CFR Ch. I ...... 27217 1270...... 26588 Ch. I ...... 27460 17...... 28567, 28582

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217...... 26360, 27434 635...... 26603 Ch. I ...... 28429 Ch. V...... 26419 300...... 28012 648...... 27027 Ch. II ...... 26419 Ch. VI...... 26419 622 ...... 25205, 26366, 27777, Proposed Rules: Ch. III ...... 26419 648...... 27223, 28447 28013, 28255 17...... 27033 Ch. IV...... 26419 660...... 26902

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List June 16, 2017 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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