Vol. 83 Friday, No. 198 October 12, 2018

Pages 51621–51814

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 21:41 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\12OCWS.LOC 12OCWS khammond on DSK30JT082PROD with FR-WS II Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.govinfo.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 83 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Sep 11 2014 21:41 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\12OCWS.LOC 12OCWS khammond on DSK30JT082PROD with FR-WS III

Contents Federal Register Vol. 83, No. 198

Friday, October 12, 2018

Agriculture Department Requests for Nominations: See Farm Service Agency Advisory Council to Support Grandparents Raising Grandchildren, 51689–51690 Antitrust Division Family Caregiving Advisory Council, 51688–51689 NOTICES Changes under National Cooperative Research and Defense Department Production Act: See Army Department IMS Global Learning Consortium, Inc., 51706–51707 See Engineers Corps Army Department NOTICES Meetings: NOTICES Defense Health Board, 51673 Meetings: Privacy Act; Matching Programs, 51673–51675 Advisory Committee on Arlington National Cemetery, Privacy Act; Systems of Records, 51675–51677 51671–51673 Board of Visitors, United States Military Academy, 51670–51671 Energy Department See Federal Energy Regulatory Commission Bureau of Consumer Financial Protection PROPOSED RULES Engineers Corps Civil Penalty Inflation Adjustments, 51653–51654 NOTICES Environmental Impact Statements; Availability, etc.: Civil Rights Commission Final Missouri River Recovery Management Plan, 51678 NOTICES Little Colorado River, Winslow, Navajo County, AZ; Meetings: Flood Risk Management Project, 51678 Arizona Advisory Committee, 51661 Coast Guard Environmental Protection Agency RULES RULES Drawbridge Operations: Air Quality State Implementation Plans; Approvals and Willamette River, Portland, OR, 51628 Promulgations: Safety Zones: Pennsylvania; Attainment Plan for the Warren County, Lower Mississippi River, Mile Markers 94 to 97 Above Pennsylvania Nonattainment Area for the 2010 Head of Passes, 51628–51629 Sulfur Dioxide Primary National Ambient Air Special Local Regulations: Quality Standard, 51629–51636 Choptank River, Talbot and Dorchester Counties, MD, Expedited Approval of Alternative Test Procedures for the 51625–51628 Analysis of Contaminants under the Safe Drinking NOTICES Water Act; Analysis and Sampling Procedures, 51636– Imposition of Conditions of Entry on Vessels Arriving to 51652 the United States from Certain Ports in the Republic of NOTICES Iraq, 51692–51693 Certain New Chemical Substances: Receipt and Status Information for June 2018, 51680– Commerce Department 51687 See International Trade Administration Environmental Impact Statements; Availability, etc.: See National Oceanic and Atmospheric Administration Weekly Receipts, 51680 Meetings: Commission of Fine Arts Information Sessions in Chicago, Boston and Atlanta; NOTICES Implementation of the Water Infrastructure Finance Meetings: and Innovation Act of 2014, 51679–51680 Commission of Fine Arts, 51668 Pesticide Product Registrations: Applications for New Uses, 51678–51679 Committee for Purchase From People Who Are Blind or Severely Disabled Equal Employment Opportunity Commission NOTICES Procurement List; Additions and Deletions, 51669–51670 NOTICES Procurement List; Additions and Deletions; Correction, SES Performance Review Board—Appointment of Members, 51668 51687 Community Living Administration Farm Service Agency NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: One Protection and Advocacy Annual Program Biofuel Infrastructure Partnership Grants to States, Performance Report, 51690–51692 51660–51661

VerDate Sep<11>2014 21:52 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\12OCCN.SGM 12OCCN daltland on DSKBBV9HB2PROD with FRONT MATTER CN IV Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Contents

Federal Aviation Administration Request for Applicants for Appointment to the United RULES States-Brazil CEO Forum, 51663–51664 Special Conditions: Bell Helicopter Textron, Inc. (BHTI), Model 525 International Trade Commission Helicopters; Control Margin Awareness, 51624–51625 NOTICES Bell Helicopter Textron, Inc. (BHTI), Model 525 Investigations; Determinations, Modifications, and Rulings, Helicopters; Flight Envelope Protection, 51623–51624 etc.: Certain Obstructive Sleep Apnea Treatment Mask Federal Communications Commission Systems and Components Thereof, 51705–51706 NOTICES Certain Self-Anchoring Beverage Containers, 51703– Meetings; Sunshine Act, 51687–51688 51705

Federal Election Commission Justice Department NOTICES See Antitrust Division Meetings; Sunshine Act, 51688 See Foreign Claims Settlement Commission NOTICES Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Standards for Business Practices and Communication Rap Back Services Form, 51707–51708 Protocols for Public Utilities, 51654–51659 Air Quality State Implementation Plans; Approvals and Federal Highway Administration Promulgations: NOTICES Annuity Broker Declaration Form, 51707 Federal Agency Actions: Texas; Proposed Highway Projects, 51760–51763 Labor Department See Mine Safety and Health Administration Federal Maritime Commission NOTICES Land Management Bureau Agreements Filed, 51688 NOTICES Public Land Orders: Fish and Wildlife Service Emigrant Crevice Mineral Withdrawal; Montana, 51701– NOTICES 51703 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mine Safety and Health Administration Salmon Fishery Catch and Effort Survey, 51695–51696 NOTICES Endangered and Threatened Species: Petitions for Modification of Application of Existing Receipt of Recovery Permit Applications, 51696–51701 Mandatory Safety Standard, 51708–51709

Foreign Claims Settlement Commission National Aeronautics and Space Administration NOTICES NOTICES Meetings; Sunshine Act, 51707 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51709–51711 Health and Human Services Department See Community Living Administration National Highway Traffic Safety Administration PROPOSED RULES Homeland Security Department Federal Motor Vehicle Safety Standards: See Coast Guard Lamps, Reflective Devices, and Associated Equipment, Housing and Urban Development Department 51766–51813 NOTICES National Oceanic and Atmospheric Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals: NOTICES Certification of Consistency with Promise Zone Goals and Endangered and Threatened Species: Implementation, 51693–51694 Recovery Plan for the Blue Whale and Notice of Initiation New Construction Subterranean Termite Protection for of a 5-Year Review, 51665–51666 New Homes, 51695 Meetings: Request for Acceptance of Changes in Approved Marine Fisheries Advisory Committee, 51665 Drawings and Specifications, 51694–51695 New England Fishery Management Council, 51667 North Pacific Fishery Management Council, 51668 Interior Department Pacific Fishery Management Council, 51667–51668 See Fish and Wildlife Service Science Advisory Board, 51664–51665 See Land Management Bureau See Reclamation Bureau National Science Foundation NOTICES International Trade Administration Meetings: NOTICES Astronomy and Astrophysics Advisory Committee, 51711 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Nuclear Regulatory Commission Certain Cold Rolled Steel Flat Products from the Republic NOTICES of Korea, 51661–51663 Meetings; Sunshine Act, 51711–51712

VerDate Sep<11>2014 21:52 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\12OCCN.SGM 12OCCN daltland on DSKBBV9HB2PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Contents V

Regulatory Guide; Applications: State Department Nuclear Power Plants, 51712–51713 NOTICES Culturally Significant Objects Imported for Exhibition: Pension Benefit Guaranty Corporation Luigi Valadier: Splendor in 18th Century Rome, 51759 NOTICES Agency Information Collection Activities; Proposals, Surface Transportation Board Submissions, and Approvals: NOTICES Reportable Events; Notice of Failure to Make Required Joint Relocation Project Exemption: Contributions, 51713–51714 The Indiana Rail Road Co. and CSX Transportation Inc.; Postal Regulatory Commission Terre Haute, IN, 51759–51760 NOTICES New Postal Products, 51714–51715 Trade Representative, Office of United States NOTICES Postal Service Exclusion of Particular Products From the Solar Products NOTICES Safeguard Measure; Correction, 51760 Product Changes: Priority Mail Negotiated Service Agreement, 51715 Transportation Department Presidential Documents See Federal Aviation Administration See Federal Highway Administration PROCLAMATIONS See National Highway Traffic Safety Administration Special Observances: Leif Erikson Day (Proc. 9802), 51621–51622 Treasury Department Reclamation Bureau NOTICES NOTICES Meetings: Meetings: Debt Management Advisory Committee, 51763 Colorado River Basin Salinity Control Advisory Council, 51703 Securities and Exchange Commission Separate Parts In This Issue NOTICES Applications: Part II Natixis Funds Trust I, et al., 51744–51745 Transportation Department, National Highway Traffic Self-Regulatory Organizations; Proposed Rule Changes: Safety Administration, 51766–51813 Cboe BZX Exchange, Inc., 51745–51749 Financial Industry Regulatory Authority, Inc., 51720– 51724 Reader Aids ICE Clear Europe Ltd., 51715–51720 Consult the Reader Aids section at the end of this issue for Nasdaq ISE, LLC, 51730–51744 phone numbers, online resources, finding aids, and notice NYSE Arca, Inc., 51724–51730, 51752–51758 of recently enacted public laws. NYSE National, Inc., 51750–51752 To subscribe to the Federal Register Table of Contents Small Business Administration electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Meetings: address, then follow the instructions to join, leave, or National Women’s Business Council, 51758–51759 manage your subscription.

VerDate Sep<11>2014 21:52 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\12OCCN.SGM 12OCCN daltland on DSKBBV9HB2PROD with FRONT MATTER CN VI Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9802...... 51621 12 CFR Proposed Rules: 1083...... 51653 14 CFR 29 (2 documents) ...... 51623, 51624 18 CFR Proposed Rules: 2...... 51654 38...... 51654 33 CFR 100...... 51625 117...... 51628 165...... 51628 40 CFR 52...... 51629 141...... 51636 49 CFR Proposed Rules: 571...... 51766

VerDate Sep 11 2014 22:01 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\12OCLS.LOC 12OCLS khammond on DSK30JT082PROD with FR-LS 51621

Federal Register Presidential Documents Vol. 83, No. 198

Friday, October 12, 2018

Title 3— Proclamation 9802 of October 8, 2018

The President Leif Erikson Day, 2018

By the President of the United States of America

A Proclamation More than a millennium ago, Leif Erikson sailed across the frigid Atlantic and set foot on North America, likely becoming the first European to reach our continent. On Leif Erikson Day, we celebrate the extraordinary journey made by this son of Iceland and grandson of Norway with his crew and recognize the immeasurable contributions that generations of Nordic Ameri- cans have made to our Nation. After converting to Christianity in Norway, ‘‘Leif the Lucky’’ set out to bring the Gospel to settlers in his native Greenland. During his extensive travels, he landed on the northern Atlantic coast, expanding mankind’s knowledge of then-uncharted territory. Centuries later, many Nordic families followed his example and set sail for America with the same determination and grit. After much struggle and sacrifice, these intrepid men and women arrived on our shores with hope for a better life. Today, we recognize the descendants of immigrants from Iceland, Norway, Denmark, Sweden, and Finland for the tremendous role they have played in developing the indomitable spirit that defines the American people. Nordic Americans have traveled in space, crisscrossed the globe by single-engine monoplane, and advanced knowledge in science and engineering. Nordic Americans have won Oscars, Grammy Awards, Pulitzer Prizes, and Nobel Prizes. They have fought—and died—in each of our Nation’s wars. We also reflect on the deep and enduring ties we have with the Nordic countries. They are among our greatest allies in the fight against terrorism, and they are important trading partners. We renew our commitment to continue strengthening these transatlantic relationships. To honor Leif Erikson and celebrate our Nordic-American heritage, the Con- gress, by joint resolution (Public Law 88–566) approved on September 2, 1964, has authorized the President of the United States to proclaim October 9 of each year as ‘‘Leif Erikson Day.’’ NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 9, 2018, as Leif Erikson Day. I call upon all Americans to celebrate the contributions of Nordic Americans to our Nation with appropriate ceremonies, activities, and programs.

VerDate Sep<11>2014 22:21 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\12OCD0.SGM 12OCD0 khammond on DSK30JT082PROD with FR-D0 51622 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Presidential Documents

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

[FR Doc. 2018–22376 Filed 10–11–18; 8:45 am] Billing code 3295–F9–P

VerDate Sep<11>2014 22:21 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\12OCD0.SGM 12OCD0 khammond on DSK30JT082PROD with FR-D0 Trump.EPS 51623

Rules and Regulations Federal Register Vol. 83, No. 198

Friday, October 12, 2018

This section of the FEDERAL REGISTER The BHTI Model 525 helicopter will conditions, the BHTI Model 525 contains regulatory documents having general be equipped with a four axis full helicopter must comply with the noise applicability and legal effect, most of which authority digital FBW FCS that provides certification requirements of 14 CFR are keyed to and codified in the Code of for aircraft control through pilot input part 36, and the FAA must issue a Federal Regulations, which is published under and coupled flight director modes. The finding of regulatory adequacy under 50 titles pursuant to 44 U.S.C. 1510. FBW FCS will contain an advanced § 611 of Public Law 92–574, the ‘‘Noise The Code of Federal Regulations is sold by flight control system that will alter the Control Act of 1972.’’ the Superintendent of Documents. nominal flight control laws to ensure The FAA issues special conditions, as that the aircraft remains in a defined in 14 CFR 11.19, in accordance predetermined flight envelope. These with § 11.38, and they become part of DEPARTMENT OF TRANSPORTATION Flight Envelope Protection (FEP) the type-certification basis under features prevent the pilot or autopilot § 21.17(a)(2). Federal Aviation Administration functions from making control commands that would force the aircraft Novel or Unusual Design Features 14 CFR Part 29 to exceed its structural, aerodynamic, or The BHTI Model 525 helicopter will operating limits. The design and [Docket No.FAA–2017–1127; Notice No. 29– incorporate the following novel or 044–SC] construction standards, specifically 14 CFR Section 29.779(a), require that unusual design features: FBW FCS incorporating FEP features. FEP is used Special Conditions: Bell Helicopter movement of the flight controls results to prevent the pilot or an autopilot from Textron, Inc. (BHTI), Model 525 in a corresponding sense of aircraft making control commands that would Helicopters; Flight Envelope motion in the same axis. The force the rotorcraft to exceed its Protection airworthiness standards for an automatic pilot system in Section structural, aerodynamic, or operating AGENCY: Federal Aviation 29.1329 covers design requirements for limits. To accomplish this envelope Administration (FAA), DOT. basic operation of the system but does limiting, the FCS control laws change as ACTION: Final special conditions. not address dynamic flight envelope the limit is approached or exceeded. limitations imposed by the automatic Discussion SUMMARY: These special conditions are pilot system. Currently there are no issued for the BHTI Model 525 specific airworthiness requirements that These special conditions require the helicopter. This helicopter will have a address FBW FCS FEP in rotorcraft. The minimum safety standard for the flight novel or unusual design feature special conditions will require the envelope protection features. The FEP associated with fly-by-wire flight minimum safety standard for the FEP features must meet requirements for control system (FBW FCS) flight features. handling qualities, compatibility of envelope protection. The applicable flight parameter limit values, response airworthiness regulations do not contain Type Certification Basis to dynamic maneuvering, and failure adequate or appropriate safety standards Under the provisions of 14 CFR 21.17, modes. for this design feature. These special BHTI must show that the Model 525 Discussion of Comments conditions contain the additional safety helicopter meets the applicable standards that the Administrator provisions of part 29, as amended by Notice of proposed special conditions considers necessary to establish a level Amendment 29–1 through 29–55 No. 29–044–SC for the BHTI Model 525 of safety equivalent to that established thereto. The BHTI Model 525 helicopter was published in the Federal by the existing airworthiness standards. certification basis date is December 31, Register on June 6, 2018 (83 FR 26226). DATES: These special conditions are 2013, the effective date of application to No comments were received, and the effective November 13, 2018. the FAA. special conditions are adopted as If the Administrator finds that the FOR FURTHER INFORMATION CONTACT: proposed. applicable airworthiness regulations George Harrum, Aerospace Engineer, (i.e., 14 CFR part 29) do not contain Applicability FAA, Rotorcraft Standards Branch, adequate or appropriate safety standards Policy and Innovation Division, 10101 for the BHTI Model 525 because of a As discussed above, these special Hillwood Pkwy., Fort Worth, TX 76177; novel or unusual design feature, special conditions are applicable to the BHTI telephone (817) 222–4087; email conditions are prescribed under the Model 525 helicopter. Should BHTI [email protected]. provisions of § 21.16. apply at a later date for a change to the SUPPLEMENTARY INFORMATION: Special conditions are initially type certificate to include another model incorporating the same novel or Background applicable to the model for which they are issued. Should the type certificate unusual design feature, the special On December 15, 2011, BHTI applied for that model be amended later to conditions would apply to that model as for a type certificate for a new transport include any other model that well. category helicopter designated as the incorporates the same or similar novel Conclusion Model 525. The Model 525 is a medium or unusual design feature, the special twin-engine rotorcraft. The design conditions would also apply to the other This action affects only certain novel maximum takeoff weight is 20,500 model under § 21.101. or unusual design features on one model pounds, with a maximum capacity of 19 In addition to the applicable of rotorcraft. It is not a rule of general passengers and a crew of 2. airworthiness regulations and special applicability.

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51624 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

List of Subjects in 14 CFR Part 29 2. Be capable of initial counteraction FAA, Rotorcraft Standards Branch, Aircraft, Aviation safety, Reporting of malfunctions without requiring Policy and Innovation Division, 10101 and recordkeeping requirements. exceptional pilot skill or strength; Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222–4087; email The authority citation for these 3. Be controllable and maneuverable [email protected]. special conditions is as follows: when operated with a degraded FCS, within a practical flight envelope SUPPLEMENTARY INFORMATION: Authority: 49 U.S.C. 106(g), 40113, 44701, identified in the Rotorcraft Flight 44702, 44704. Manual; Background The Special Conditions 4. Be capable of prolonged instrument On December 15, 2011, BHTI applied flight without requiring exceptional for a type certificate for a new transport Accordingly, pursuant to the category helicopter designated as the authority delegated to me by the pilot skill; 5. Meet the controllability and Model 525. The Model 525 is a medium Administrator, the following special twin-engine rotorcraft. The design conditions are issued as part of the type maneuverability requirements of 14 CFR part 29 Subpart B throughout a practical maximum takeoff weight is 20,500 certification basis for Bell Helicopter pounds, with a maximum capacity of 19 Textron, Inc., Model 525 helicopters: flight envelope; and 6. Be safely controllable following any passengers and a crew of 2. Flight Envelope Protection additional failure or malfunction shown The BHTI Model 525 helicopter will be equipped with a four-axis full The Flight Envelope Protection (FEP) to not be extremely improbable authority digital FBW FCS that provides features of the flight control system occurring within the approved flight envelope. for aircraft control through pilot input (FCS) must meet the following and coupled flight director modes. The requirements: Issued in Fort Worth, Texas, on October 3, current 14 CFR part 29 regulations do a. Onset characteristics of each 2018. not contain adequate standards for FBW envelope protection feature must be Jorge Castillo, FCS with respect to control margin smooth, appropriate to the phase of Acting Manager, Rotorcraft Standards awareness. The airworthiness standards flight and type of maneuver, and not in Branch, Policy and Innovation Division, for controllability and maneuverability conflict with the ability of the pilot to Aircraft Certification Services. of the rotorcraft are contained in satisfactorily change rotorcraft flight [FR Doc. 2018–22267 Filed 10–11–18; 8:45 am] § 29.143. These controllability path, speed, or attitude within the BILLING CODE 4910–13–P requirements are compatible with most approved flight envelope. FBW systems, while most of the b. Limit values of protected flight maneuverability requirements are not parameters (and if applicable, associated DEPARTMENT OF TRANSPORTATION affected by FBW systems, except for the warning thresholds) must be compatible control margins. One of the purposes of with: Federal Aviation Administration 1. Rotorcraft structural limits; the rule is to ensure that control margins 2. Safe and controllable maneuvering 14 CFR Part 29 (at the rotor and the anti-torque system of the rotorcraft; level) are sufficient in the defined flight 3. Margins to critical conditions. [Docket No.FAA–2017–1128; Notice No. 29– envelope to avoid loss of control (that is, Dynamic maneuvering, airframe and 045–SC] the rotorcraft has adequate control system tolerances (both manufacturing power for the pilot to exit potentially Special Conditions: Bell Helicopter hazardous flight conditions). Implicit in and in-service), and non-steady Textron, Inc. (BHTI), Model 525 atmospheric conditions—in any this purpose is that the pilot is provided Helicopters; Control Margin with sufficient awareness of proximity appropriate combination and phase of Awareness flight—must not result in a limited to control limits. Because § 29.143 was written to address hydro-mechanical flight parameter beyond the nominal AGENCY: Federal Aviation design limit value that would cause Administration (FAA), DOT. flight control systems, through which pilot awareness of control margins is unsafe flight characteristics; ACTION: Final special conditions. 4. Rotor rotational speed limits; provided by cyclic and pedal position 5. Blade stall limits; and SUMMARY: These special conditions are relative to cockpit control stops, the rule 6. Engine and transmission torque issued for the BHTI Model 525 is inadequate for certification of a FBW limits. helicopter. This helicopter will have a FCS, where there is no mechanical link c. The aircraft must be responsive to novel or unusual design feature between the inceptor and the receptor. pilot-commanded dynamic associated with the fly-by-wire flight Without a constant correlation between maneuvering within a suitable range of control system (FBW FCS) in the area of cockpit control and main or tail rotor the parameter limits that define the pilot awareness of the control margins actuator positions, the FCS may not approved flight envelope. remaining while maneuvering the provide tactile control margin feedback d. The FEP system must not create helicopter. The applicable airworthiness to the pilot through cockpit control unusual or adverse flight characteristics regulations do not contain adequate or position relative to the control position when atmospheric conditions or appropriate safety standards for this physical stop or limit, for all flight unintentional pilot action causes the design feature. These special conditions conditions. The special conditions will approved flight envelope to be contain the additional safety standards require the minimum safety standard to exceeded. that the Administrator considers ensure awareness of proximity to e. When simultaneous envelope necessary to establish a level of safety control limits at the main rotor and tail limiting is active, adverse coupling or equivalent to that established by the rotor is provided to pilots of the Bell adverse priority must not result. existing airworthiness standards. Model 525 helicopter. f. Following a single FEP failure shown to not be extremely improbable, DATES: These special conditions are Type Certification Basis the rotorcraft must: effective November 13, 2018. Under the provisions of 14 CFR 21.17, 1. Be capable of continued safe flight FOR FURTHER INFORMATION CONTACT: BHTI must show that the Model 525 and landing; George Harrum, Aerospace Engineer, helicopter meets the applicable

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51625

provisions of part 29, as amended by Discussion of Comments DEPARTMENT OF HOMELAND Amendment 29–1 through 29–55 SECURITY thereto. The BHTI Model 525 Notice of proposed special conditions certification basis date is December 31, No. 29–045–SC for the BHTI Model 525 Coast Guard 2013, the effective date of application to helicopter was published in the Federal the FAA. Register on June 6, 2018 (83 FR 26225). 33 CFR Part 100 No comments were received, and the If the Administrator finds that the [Docket Number USCG–2018–0577] applicable airworthiness regulations special conditions are adopted as (i.e., 14 CFR part 29) do not contain proposed. RIN 1625–AA08 adequate or appropriate safety standards Applicability Special Local Regulation; Choptank for the BHTI Model 525 because of a River, Talbot and Dorchester Counties, novel or unusual design feature, special As discussed above, these special MD conditions are prescribed under the conditions are applicable to the BHTI provisions of § 21.16. Model 525 helicopter. Should BHTI AGENCY: Coast Guard, DHS. Special conditions are initially apply at a later date for a change to the ACTION: Temporary final rule. applicable to the model for which they type certificate to include another are issued. Should the type certificate model incorporating the same novel or SUMMARY: The Coast Guard is for that model be amended later to unusual design feature, the special establishing temporary special local include any other model that conditions would apply to that model as regulations for certain navigable waters incorporates the same or similar novel well. of the Choptank River. This action is or unusual design feature, the special necessary to provide for the safety of life conditions would also apply to the other Conclusion on these waters near Oxford, MD, from model under § 21.101. October 7, 2018, through October 15, This action affects only certain novel 2018, during a sailboat regatta. This In addition to the applicable or unusual design features on one model regulation prohibits persons and vessels airworthiness regulations and special of rotorcraft. It is not a rule of general from being in the regulated area unless conditions, the BHTI Model 525 applicability. authorized by the Captain of the Port helicopter must comply with the noise Maryland-National Capital Region or a certification requirements of 14 CFR List of Subjects in 14 CFR Part 29 designated representative. part 36, and the FAA must issue a finding of regulatory adequacy under Aircraft, Aviation safety, Reporting DATES: This rule is effective without section 611 of Public Law 92–574, the and recordkeeping requirements. actual notice from October 12, 2018 through 5:30 p.m. on October 15, 2018. ‘‘Noise Control Act of 1972.’’ The authority citation for these For the purposes of enforcement, actual The FAA issues special conditions, as special conditions is as follows: notice will be used from 11:30 a.m. on defined in 14 CFR 11.19, in accordance Authority: 49 U.S.C. 106(g), 40113, 44701, October 7, 2018 until October 12, 2018. with § 11.38, and they become part of 44702, 44704. the type-certification basis under ADDRESSES: To view documents § 21.17(a)(2). The Special Conditions mentioned in this preamble as being available in the docket, go to http:// Novel or Unusual Design Features Accordingly, pursuant to the www.regulations.gov, type USCG–2018– authority delegated to me by the 0577 in the ‘‘SEARCH’’ box and click The BHTI Model 525 helicopter ‘‘SEARCH.’’ Click on Open Docket incorporates the following novel or Administrator, the following special Folder on the line associated with this unusual design features: A four-axis full conditions are issued as part of the type rule. authority digital FBW FCS. Pilot control certification basis for Bell Helicopter inputs, through the mechanically linked Textron, Inc., Model 525 helicopters: FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or cockpit controls (cyclic, collective, Control Margin Awareness directional pedals), are transmitted email Mr. Ronald Houck, U.S. Coast electrically to each of the three Flight In addition to the existing § 29.143 Guard Sector Maryland-National Capital Control Computers (FCCs). The pilot requirements, the following special Region; telephone 410–576–2674, email control input signals are then processed condition applies: The system design [email protected]. and transmitted to the hydraulic flight must ensure that the flight crew is made SUPPLEMENTARY INFORMATION: control actuators which affect control of suitably aware whenever the means of I. Table of Abbreviations the main and tail rotors. primary flight control approaches the limits of control authority. For the CFR Code of Federal Regulations Discussion COTP Captain of the Port context of this special condition, the DHS Department of Homeland Security These special conditions require the term ‘‘suitable’’ indicates an appropriate FR Federal Register minimum safety standard to ensure balance between nuisance and NPRM Notice of proposed rulemaking awareness of proximity to control limits necessary operation. § Section at the main rotor and tail rotor is U.S.C. United States Code provided to pilots of the Bell Model 525 Issued in Ft Worth, Texas, on October 3, helicopter. The system design must 2018. II. Background Information and provide the pilot with sufficient Jorge Castillo, Regulatory History awareness of proximity to control limits, Acting Manager, Rotorcraft Standards On February 13, 2018, the Tred Avon traditionally achieved through Branch, Policy and Innovation Division, Yacht Club of Oxford, MD, notified the conventional flight controls by the Aircraft Certification Service. Coast Guard through submission of a pilot’s inherent awareness of cyclic stick [FR Doc. 2018–22265 Filed 10–11–18; 8:45 am] marine event application that from and pedal position relative to control BILLING CODE 4910–13–P October 5, 2018, through October 15, stops. 2018, it will be conducting a sailboat

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51626 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

regatta, the 2018 Star World 38°41′39027″ N, longitude 076°18′18.35″ impact a small designated area of the Championship on the Choptank River, W, thence east to point of origin, located Choptank River for 54 hours. The Coast in Talbot and Dorchester Counties, near near Oxford, MD. This rule provides Guard will issue a Broadcast Notice to Oxford, MD. Race activities on additional information about an area Mariners via VHF–FM marine channel navigable waters are planned each within the regulated area, the ‘‘Race 16 about the status of the regulated area. afternoon of the regatta beginning on Area.’’ The duration of the special local Moreover, the rule will allow vessels to October 7th. In response, on August 17, regulations and size of the regulated seek permission to enter the regulated 2018, the Coast Guard published a area are intended to ensure the safety of area, and vessel traffic will be able to notice of proposed rulemaking (NPRM) life on these navigable waters before, safely transit the regulated area once the titled ‘‘Special Local Regulation; during, and after sail boat races, PATCOM deems it safe to do so. Choptank River, Talbot and Dorchester scheduled from noon until 5 p.m. on Counties, MD’’ (83 FR 41029). There we October 7, 8, 9, 10, 11, 12, 13, 14, and B. Impact on Small Entities stated why we issued the NPRM, and 15, 2018. Except for participants and The Regulatory Flexibility Act of invited comments on our proposed vessels already at berth, a person or 1980, 5 U.S.C. 601–612, as amended, regulatory action related to this sailboat vessel within the regulated area at the requires Federal agencies to consider regatta. During the comment period that start of enforcement of this special local the potential impact of regulations on ended September 17, 2018, we received regulation must immediately depart the small entities during rulemaking. The no comments. regulated area. A spectator must contact term ‘‘small entities’’ comprises small Under 5 U.S.C. 553(d)(3), the Coast the Coast Guard Patrol Commander businesses, not-for-profit organizations Guard finds that good cause exists for (PATCOM) to request permission to that are independently owned and making this rule effective less than 30 either enter or pass through the operated and are not dominant in their days after publication in the Federal regulated area. The PATCOM can be fields, and governmental jurisdictions Register. Due to the date of the event, contacted on marine band radio VHF– with populations of less than 50,000. it would be impracticable and contrary FM channel 16 (156.8 MHz) and The Coast Guard received no comments to the public interest to make the channel 22A (157.1 MHz). If permission from the Small Business Administration regulation effective 30 days after is granted, the spectator may enter the on this rulemaking. The Coast Guard publication in the Federal Register. The regulated area or pass directly through certifies under 5 U.S.C. 605(b) that this regulation must be in place by October the regulated area as instructed by rule will not have a significant 7th in order to protect the public from PATCOM. A vessel within the regulated economic impact on a substantial the hazards associated with this sailing area must operate at a safe speed that number of small entities. regatta. Therefore, the Coast Guard is minimizes wake. A spectator vessel making this rule effective immediately. must not loiter within the navigable While some owners or operators of channel while within the regulated area. vessels intending to transit the safety III. Legal Authority and Need for Rule Only participant vessels and official zone may be small entities, for the The Coast Guard is issuing this rule patrol vessels are allowed to enter the reasons stated in section V.A above, this under authority in 33 U.S.C. 1231. The race area. rule will not have a significant Captain of the Port Maryland-National economic impact on any vessel owner Capital Region (COTP) has determined V. Regulatory Analyses or operator.] that potential hazards associated with We developed this rule after Under section 213(a) of the Small the sailboat regatta will be a safety considering numerous statutes and Business Regulatory Enforcement concern for anyone intending to operate Executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), in or near the race area. The purpose of Below we summarize our analyses we want to assist small entities in this rule is to protect event participants, based on a number of these statutes and understanding this rule. If the rule spectators, and transiting vessels on Executive orders, and we discuss First would affect your small business, specified waters of the Choptank River Amendment rights of protestors. organization, or governmental before, during, and after the scheduled A. Regulatory Planning and Review jurisdiction and you have questions event. Executive Orders 12866 and 13563 concerning its provisions or options for IV. Discussion of Comments, Changes, direct agencies to assess the costs and compliance, please contact the person and the Rule benefits of available regulatory listed in the FOR FURTHER INFORMATION As noted above, we received no alternatives and, if regulation is CONTACT section. comments on our NPRM published necessary, to select regulatory Small businesses may send comments August 17, 2018. There are no changes approaches that maximize net benefits. on the actions of Federal employees in the regulatory text of this rule from Executive Order 13771 directs agencies who enforce, or otherwise determine the proposed rule in the NPRM. to control regulatory costs through a compliance with, Federal regulations to This rule establishes a special local budgeting process. This rule has not the Small Business and Agriculture regulation to be enforced from 11:30 been designated a ‘‘significant Regulatory Enforcement Ombudsman a.m. until 5:30 p.m., each day, from regulatory action,’’ under Executive and the Regional Small Business October 7, 2018, through October 15, Order 12866. Accordingly, this rule has Regulatory Fairness Boards. The 2018. The regulated area would cover not been reviewed by the Office of Ombudsman evaluates these actions all navigable waters of the Choptank Management and Budget (OMB), and annually and rates each agency’s River, within an area bounded by the pursuant to OMB guidance it is exempt responsiveness to small business. If you following coordinates: Commencing at from the requirements of Executive wish to comment on actions by latitude 38°41′39.02″ N, longitude Order 13771. employees of the Coast Guard, call 1– 076°11′19.18″ W, thence south to This regulatory action determination 888–REG–FAIR (1–888–734–3247). The latitude 38°37′28.68″ N, longitude is based on the size, duration and Coast Guard will not retaliate against 076°11′19.18″ W, thence west to latitude location of the regulated area. Vessel small entities that question or complain 38°37′28.68″ N, longitude 076°18′18.35″ traffic will be able to safely transit about this rule or any policy or action W, thence north to latitude around this regulated area, which would of the Coast Guard.

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51627

C. Collection of Information regulated area will be enforced daily Championship regatta or otherwise This rule will not call for a new during a nine-day period during the designated by the regatta’s sponsor as collection of information under the sailboat regatta. It is categorically having a function tied to the event. Paperwork Reduction Act of 1995 (44 excluded from further review under Spectator means a person or vessel U.S.C. 3501–3520). paragraph L61 of Appendix A, Table 1 not registered with the event sponsor as of DHS Instruction Manual 023–01– a participant or assigned as an official D. Federalism and Indian Tribal 001–01, Rev. 01. A Memorandum For patrol. Governments Record for Categorically Excluded (b) Locations. All coordinates A rule has implications for federalism Actions supporting this determination is reference Datum NAD 1983. under Executive Order 13132, available in the docket where indicated (1) Regulated area. All navigable Federalism, if it has a substantial direct under ADDRESSES. waters of the Choptank River, bounded effect on the States, on the relationship by a line connecting the following G. Protest Activities coordinates: Commencing at latitude between the national government and ° ′ ″ ° ′ ″ the States, or on the distribution of The Coast Guard respects the First 38 41 39.02 N, longitude 076 11 19.18 Amendment rights of protesters. W, thence south to latitude 38°37′28.68″ power and responsibilities among the ° ′ ″ various levels of government. We have Protesters are asked to contact the N, longitude 076 11 19.18 W, thence person listed in the FOR FURTHER west to latitude 38°37′28.68″ N, analyzed this rule under that Order and ° ′ ″ have determined that it is consistent INFORMATION CONTACT section to longitude 076 18 18.35 W, thence north coordinate protest activities so that your to latitude 38°41′39027″ N, longitude with the fundamental federalism ° ′ ″ principles and preemption requirements message can be received without 076 18 18.35 W, thence east to point of described in Executive Order 13132. jeopardizing the safety or security of origin, located near Oxford, MD. The Also, this rule does not have tribal people, places or vessels. following location is within the regulated area: implications under Executive Order List of Subjects in 33 CFR Part 100 13175, Consultation and Coordination (2) Race area. The race area is a circle with Indian Tribal Governments, Marine safety, Navigation (water), in shape with its center located at Reporting and recordkeeping position latitude 38°39′48.00″ N, because it does not have a substantial ° ′ ″ direct effect on one or more Indian requirements, Waterways. longitude 076 15 03.42 W. The area is tribes, on the relationship between the For the reasons discussed in the bounded by a line measuring Federal Government and Indian tribes, preamble, the Coast Guard amends 33 approximately 2.5 nautical miles in or on the distribution of power and CFR part 100 as follows: diameter. responsibilities between the Federal (c) Special local regulations. (1) The Government and Indian tribes. If you PART 100—SAFETY OF LIFE ON COTP Maryland-National Capital believe this rule has implications for NAVIGABLE WATERS Region or PATCOM may forbid and federalism or Indian tribes, please control the movement of all vessels and ■ 1. The authority citation for part 100 contact the person listed in the FOR persons, including event participants, in continues to read as follows: FURTHER INFORMATION CONTACT section. the regulated area. When hailed or Authority: 33 U.S.C. 1233; 33 CFR 1.05–1. signaled by an official patrol, a vessel or E. Unfunded Mandates Reform Act person in the regulated area must ■ 2. Add § 100.501T05–0577 to read as The Unfunded Mandates Reform Act immediately comply with the directions follows: of 1995 (2 U.S.C. 1531–1538) requires given by the patrol. Failure to do so may Federal agencies to assess the effects of § 100.501T05–0577 Special Local result in the Coast Guard expelling the their discretionary regulatory actions. In Regulation; Choptank River, Talbot and person or vessel from the area, issuing particular, the Act addresses actions Dorchester Counties, MD. a citation for failure to comply, or both. that may result in the expenditure by a (a) Definitions. As used in this The COTP Maryland-National Capital State, local, or tribal government, in the section: Region or PATCOM may terminate the aggregate, or by the private sector of Captain of the Port (COTP) Maryland- event, or a participant’s operations at $100,000,000 (adjusted for inflation) or National Capital Region means the any time the COTP Maryland-National more in any one year. Though this rule Commander, U.S. Coast Guard Sector Capital Region or PATCOM believes it will not result in such an expenditure, Maryland-National Capital Region or necessary to do so for the protection of we do discuss the effects of this rule any Coast Guard commissioned, warrant life or property. elsewhere in this preamble. or petty officer who has been authorized (2) Except for participants and vessels by the COTP to act on the COTP’s already at berth, a person or vessel F. Environment behalf. within the regulated area at the start of We have analyzed this rule under Coast Guard Patrol Commander enforcement of this section must Department of Homeland Security (PATCOM) means a commissioned, immediately depart the regulated area. Directive 023–01 and Commandant warrant, or petty officer of the U.S. (3) A spectator must contact the Instruction M16475.1D, which guide the Coast Guard who has been designated PATCOM to request permission to Coast Guard in complying with the by the Commander, Coast Guard Sector either enter or pass through the National Environmental Policy Act of Maryland-National Capital Region. regulated area. The PATCOM, and 1969 (42 U.S.C. 4321–4370f), and have Official Patrol means a vessel official patrol vessels enforcing this determined that this action is one of a assigned or approved by the regulated area, can be contacted on category of actions that do not Commander, Coast Guard Sector marine band radio VHF–FM channel 16 individually or cumulatively have a Maryland-National Capital Region with (156.8 MHz) and channel 22A (157.1 significant effect on the human a commissioned, warrant, or petty MHz). If permission is granted, the environment. This rule involves officer on board and displaying a Coast spectator may enter the regulated area or implementation of regulations within 33 Guard ensign. pass directly through the regulated area CFR part 100 applicable to organized Participant means a person or vessel as instructed by PATCOM. A vessel marine events on the navigable waters registered with the event sponsor as within the regulated area must operate of the United States. The temporary participating in the 2018 Star World at a safe speed that minimizes wake. A

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51628 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

spectator vessel must not loiter within River, mile 12.1, in Portland, OR. The from the operating schedule. The Coast the navigable channel while within the deviation is necessary to support the Guard will also inform the users of the regulated area. Run Like Hell half marathon run event. waterway through our Local and (4) Only participant vessels and This deviation allows the upper lift Broadcast Notices to Mariners of the official patrol vessels are allowed to span of the bridge to remain in the change in operating schedule for the enter the race area. closed-to-navigation position. subject bridge so that vessel operators (5) A person or vessel that desires to DATES: This deviation is effective from can arrange their transits to minimize transit, moor, or anchor within the 8 a.m. to 11:30 a.m. on October 21, any impact caused by the temporary regulated area must first obtain 2018. deviation. authorization from the COTP Maryland- In accordance with 33 CFR 117.35(e), ADDRESSES: The docket for this National Capital Region or PATCOM. A deviation, USCG–2018–0922, is the drawbridge must return to its regular person or vessel seeking such available at http://www.regulations.gov. operating schedule immediately at the permission can contact the PATCOM on Type the docket number in the end of the designated time period. This Marine Band Radio, VHF–FM channel ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ deviation from the operating regulations 16 (156.8 MHz). Click on Open Docket Folder on the line is authorized under 33 CFR 117.35. (6) The Coast Guard will publish a associated with this deviation. Dated: October 5, 2018. notice in the Fifth Coast Guard District FOR FURTHER INFORMATION CONTACT: Steven M. Fischer, Local Notice to Mariners and issue a If marine information broadcast on VHF– you have questions on this temporary Bridge Administrator, Thirteenth Coast Guard District. FM marine band radio announcing deviation, call or email Mr. Steven specific event date and times. Fischer, Bridge Administrator, [FR Doc. 2018–22231 Filed 10–11–18; 8:45 am] (d) Enforcement periods. This section Thirteenth Coast Guard District; BILLING CODE 9110–04–P will be enforced during each of the telephone 206–220–7282, email d13-pf- following times: [email protected]. (1) From 11:30 a.m. until 5:30 p.m. on SUPPLEMENTARY INFORMATION: Union DEPARTMENT OF HOMELAND October 7, 2018. Pacific Railroad Company (UPRR) owns SECURITY and operates the Steel Bridge across the (2) From 11:30 a.m. until 5:30 p.m. on Coast Guard October 8, 2018. Willamette River, at mile 12.1, in (3) From 11:30 a.m. until 5:30 p.m. on Portland, OR. UPRR has requested a 33 CFR Part 165 October 9, 2018. temporary deviation from the operating (4) From 11:30 a.m. until 5:30 p.m. on schedule for the Steel Bridge upper lift [Docket No. USCG–2018–0921] October 10, 2018. span. The deviation is necessary to (5) From 11:30 a.m. until 5:30 p.m. on accommodate the annual Run Like Hell Safety Zone; Lower Mississippi River, October 11, 2018. half marathon run event. The Steel Mile Markers 94 to 97 Above Head of (6) From 11:30 a.m. until 5:30 p.m. on Bridge is a double-deck lift bridge and Passes October 12, 2018. the lower lift span operates independent AGENCY: Coast Guard, DHS. (7) From 11:30 a.m. until 5:30 p.m. on of the upper lift span. To facilitate this October 13, 2018. temporary deviation request, the upper ACTION: Notice of enforcement of (8) From 11:30 a.m. until 5:30 p.m. on lift span is authorized to remain in the regulation. closed-to-navigation position, and need October 14, 2018. SUMMARY: The Coast Guard will enforce (9) From 11:30 a.m. until 5:30 p.m. on not open to marine vessels from 8 a.m. a safety zone for the navigable waters of October 15, 2018. to 11:30 a.m. on October 21, 2018. When the Mississippi River between mile Dated: September 26, 2018. the lower span is in the closed-to- marker (MM) 94 and (MM) 97, above navigation position, the bridge provides Joseph B. Loring, Head of Passes on November 30, 2018, 26 feet of vertical clearance above to provide for the safety of persons, Captain, U.S. Coast Guard, Captain of the Columbia River Datum 0.0. When the Port Maryland-National Capital Region. vessels, and the marine environment on upper span is in the closed-to- navigable waterways during a fireworks [FR Doc. 2018–22224 Filed 10–11–18; 8:45 am] navigation position, and the lower span display. BILLING CODE 9110–04–P is in the open-to-navigation position, the vertical clearance is 71 feet above DATES: The regulations in 33 CFR Columbia River Datum 0.0. The lower 165.845 will be enforced from 5:30 p.m. DEPARTMENT OF HOMELAND lift span of the Steel Bridge operates in through 7 p.m. on November 30, 2018. SECURITY accordance with 33 CFR 117.5. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of Coast Guard Waterway usage on this part of the Willamette River includes vessels enforcement, call or email Lieutenant Brian Porter, Sector New Orleans 33 CFR Part 117 ranging from commercial tug and barge to small pleasure craft. Vessels able to Waterways Management, U.S. Coast [Docket No. USCG–2018–0922] pass through the subject bridge with the Guard; telephone 504–365–2375, email lower deck in the closed-to-navigation [email protected]. Drawbridge Operation Regulation; position, or in the open-to-navigation SUPPLEMENTARY INFORMATION: The Coast Willamette River, Portland, OR position may do so at any time. The Guard will enforce a temporary safety AGENCY: Coast Guard, DHS. lower and upper lift of the Steel Bridge zone in accordance with the regulations ACTION: Notice of deviation from will be able to open for emergencies, in 33 CFR 165.845 from 5:30 p.m. drawbridge regulation. and there is no immediate alternate through 7 p.m. on November 30, 2018. route for vessels to pass. The Coast This action is being taken to provide for SUMMARY: The Coast Guard has issued a Guard requested objections from known the safety of persons, vessels, and the temporary deviation from the operating river users groups to this deviation via marine environment on navigable schedule that governs the upper deck of email. We have not received any waters during this event. Our regulation the Steel Bridge across the Willamette objections to this temporary deviation for firework displays on the Mississippi

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51629

River in New Orleans specifies the and reasonably available control subject to certain conditions.1 EPA location of the regulated area between measure (RACM) requirements, established the NAAQS based on mile marker 94 and 97 above Head of enforceable emission limitations and significant evidence and numerous Passes on the Lower Mississippi River. other control measures, a reasonable health studies demonstrating that During the enforcement period, if you further progress (RFP) plan, a modeling serious health effects are associated are the operator of a vessel in the demonstration of SO2 attainment, with short-term exposures to SO2 regulated area you must comply with contingency measures, and a emissions ranging from 5 minutes to 24 directions from the Patrol Commander nonattainment new source review hours with an array of adverse or any Official Patrol displaying a Coast (NNSR) program for the Warren Area. respiratory effects including narrowing Guard ensign. As part of approving the attainment of the airways which can cause In addition to this notice of plan, EPA is also approving into the difficulty breathing enforcement in the Federal Register, the Pennsylvania SIP new SO2 emission (bronchoconstriction) and increased Coast Guard will provide notification of limits and associated compliance asthma symptoms. For more the enforcement period via the Local parameters for United Refining. EPA is information regarding the health Notice to Mariners, and marine approving Pennsylvania’s attainment impacts of SO2, please refer to the June information broadcasts. plan and concludes that the Warren 22, 2010 final rulemaking. See 75 FR Dated: October 4, 2018. Area will attain the 2010 1-hour primary 35520. Following promulgation of a new or revised NAAQS, EPA is required by K.M. Luttrell, SO2 NAAQS by the applicable attainment date and that the plan meets the CAA to designate areas throughout Captain, U.S. Coast Guard, Captain of the the United States as attaining or not Port Sector New Orleans. all applicable requirements under the Clean Air Act (CAA). attaining the NAAQS; this designation [FR Doc. 2018–22225 Filed 10–11–18; 8:45 am] process is described in section DATES: This final rule is effective on BILLING CODE 9110–04–P 107(d)(1)–(2) of the CAA. On August 5, November 13, 2018. 2013, EPA promulgated initial air ADDRESSES: EPA has established a quality designations for 29 areas for the ENVIRONMENTAL PROTECTION docket for this action under Docket ID 2010 SO2 NAAQS (78 FR 47191), which AGENCY Number EPA–R03–OAR–2017–0578. All became effective on October 4, 2013, documents in the docket are listed on based on violating air quality 40 CFR Part 52 the https://www.regulations.gov monitoring data for calendar years [EPA–R03–OAR–2017–0578; FRL–9985–26– website. Although listed in the index, 2009–2011, where there were sufficient Region 3] some information is not publicly data to support a nonattainment available, e.g., confidential business designation.2 Approval and Promulgation of Air information (CBI) or other information Effective on October 4, 2013, the Quality Implementation Plans; whose disclosure is restricted by statute. Warren Area was designated as Pennsylvania; Attainment Plan for the Certain other material, such as nonattainment for the 2010 SO2 NAAQS Warren County, Pennsylvania copyrighted material, is not placed on for an area that encompasses the Nonattainment Area for the 2010 Sulfur the internet and will be publicly primary SO2 emitting source, United Dioxide Primary National Ambient Air available only in hard copy form. Refining, and the nearby SO2 monitor Quality Standard Publicly available docket materials are (Air Quality Site ID: 42–123–0004). The available through https:// final designation triggered a AGENCY: Environmental Protection www.regulations.gov, or please contact Agency (EPA). requirement for Pennsylvania to submit the person identified in the FOR FURTHER a SIP revision with an attainment plan ACTION: Final rule. INFORMATION CONTACT section for for how the Area would attain the 2010 additional availability information. SUMMARY: The Environmental Protection SO2 NAAQS as expeditiously as Agency (EPA) is approving a state FOR FURTHER INFORMATION CONTACT: practicable, but no later than October 4, implementation plan (SIP) revision, Megan Goold, (215) 814–2027, or by 2018, in accordance with CAA section submitted by the Commonwealth of email at [email protected]. 192(a). For a number of areas, including the Pennsylvania through the Pennsylvania SUPPLEMENTARY INFORMATION: Warren Area, EPA published a notice on Department of Environmental Protection March 18, 2016, that Pennsylvania and (PADEP), to EPA on September 29, Table of Contents other pertinent states had failed to 2017, for the purpose of demonstrating I. Background and Purpose submit the required SO attainment plan attainment of the 2010 1-hour sulfur II. Response to Comments 2 III. Final Action dioxide (SO2) primary national ambient 1 IV. Incorporation by Reference EPA’s June 22, 2010, final action revoked the air quality standard (NAAQS) in the two 1971 primary 24-hour standard of 140 ppb and V. Statutory and Executive Order Reviews Warren County, Pennsylvania SO2 the annual standard of 30 ppb because they were nonattainment area (hereafter referred to I. Background and Purpose determined not to add additional public health as the ‘‘Warren Area’’ or ‘‘Area’’). The protection given a 1-hour standard at 75 ppb. See On June 2, 2010, the EPA 75 FR 35520. However, the secondary 3-hour SO2 Warren Area is comprised of a portion standard was retained. Currently, the 24-hour and of Warren County (Conewango Administrator signed a final rule annual standards are only revoked for certain of Township, Glade Township, Pleasant establishing a new SO2 primary NAAQS those areas the EPA has already designated for the Township, and the City of Warren) in as a 1-hour standard of 75 parts per 2010 1-hour SO2 NAAQS. See 40 CFR 50.4(e). 2 Pennsylvania surrounding the United billion (ppb), based on a 3-year average EPA is continuing its designation efforts for the 2010 SO2 NAAQS. Pursuant to a court-order Refining Company (hereafter referred to of the annual 99th percentile of daily entered on March 2, 2015, by the U.S. District Court as ‘‘United Refining’’). The SIP maximum 1-hour average for the Northern District of California, EPA must submission is an attainment plan which concentrations. See 75 FR 35520 (June complete the remaining designations for the rest of 22, 2010), codified at 40 CFR 50.17. This the country on a schedule that contains three includes the base year emissions specific deadlines. Sierra Club, et al. v. inventory, an analysis of the reasonably action also revoked the existing 1971 Environmental Protection Agency, 13–cv–03953–SI available control technology (RACT) primary annual and 24-hour standards, (2015).

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51630 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

by this submittal deadline. See 81 FR Pennsylvania attainment plan for the Comment 1: The commenter asserts 14736. This finding initiated a deadline Warren Area includes: (1) An emissions that the emission limits for United under CAA section 179(a) for the inventory for SO2 for the plan’s base Refining would allow emissions above potential imposition of new source year (2011); and (2) an attainment levels reflected in both the 2018 review and highway funding sanctions. demonstration. The attainment projected emissions inventory and the However, pursuant to Pennsylvania’s demonstration includes the following: 2011 baseline emissions inventory. The submittal of September 29, 2017, and Analyses that locate, identify, and commenter states that the Attainment EPA’s subsequent letter dated October 5, quantify sources of emissions Plan for the Warren Area should not be 2017 to Pennsylvania, finding the contributing to violations of the 2010 approved because it fails to provide an submittal complete and noting the SO2 NAAQS; a determination that the air quality modeling analysis that stopping of the sanctions deadline, control strategy for the primary SO2 demonstrates that the emission limits in these sanctions under section 179(a) source within the nonattainment areas the plan will suffice to provide for will not be imposed as a consequence of constitutes RACM/RACT; a dispersion timely attainment of the 2010 SO2 Pennsylvania having missed the SIP modeling analysis of an emissions NAAQS, including ‘‘necessary submission deadline. Additionally, control strategy for the primary SO2 enforceable limits’’ sufficient to ensure under CAA section 110(c), the March source (United Refining), which also that the standard is attained and 18, 2016 finding triggered a requirement accounts for smaller sources within the maintained. The commenter states that that EPA promulgate a Federal Area in the background concentration, the emission limits that EPA proposes to implementation plan (FIP) within two showing attainment of the SO2 NAAQS approve would allow emissions higher years of the effective date of the finding by the October 4, 2018 attainment date; than those that occurred in 2011 when unless, by that time, the State has made requirements for RFP toward attaining the monitored design value for Warren the necessary complete submittal and the SO2 NAAQS in the Area; County was 112 ppb. EPA has approved the submittal as contingency measures; the assertion that Response 1: EPA disagrees that the meeting applicable requirements. This Pennsylvania’s existing SIP-approved Warren Area Attainment Plan should FIP obligation will not apply once this NNSR program meets the applicable not be approved because the emission SIP approval action is finalized. requirements for SO2; and the request limits and air quality modeling analysis Attainment plans for SO2 must meet that emission limitations and would not ensure that the 2010 SO2 the applicable requirements of the CAA, compliance parameters for United NAAQS is attained and maintained. As and specifically CAA sections 110, 172, Refining be incorporated into the SIP. described in EPA’s NPRM, the hourly 191, and 192. The required components Comments on EPA’s proposed emission limits developed for United of an attainment plan submittal are rulemaking were due on or before April Refining have been modeled to show listed in section 172(c) of Title I, part D 23, 2018. attainment with the 2010 SO2 NAAQS. of the CAA, and in EPA’s implementing EPA received 28 anonymous As described in appendix W to 40 CFR regulations at 40 CFR part 51. On April comments that were not germane to this part 51 (hereafter appendix W) and the 23, 2014, EPA issued recommended rulemaking action and will not be EPA’s 2014 SO2 Nonattainment guidance (hereafter 2014 SO2 addressed here. EPA received specific Guidance, the attainment plan should Nonattainment Guidance) for how state comments on this rulemaking action on demonstrate through the use of air submissions could address the statutory nine topics. All comments are available quality dispersion modeling, using 3 requirements for SO2 attainment plans. in the docket for this final rulemaking allowable hourly emissions, that the In this guidance, EPA described the action. EPA’s summary of the comments area will attain the standard by its statutory requirements for an attainment and EPA’s responses are provided attainment date. The modeling analysis, plan, which include: An accurate base below. For a comprehensive discussion which EPA found reasonable and in year emissions inventory of current of Pennsylvania’s SIP submittal and accordance with EPA guidance as emissions for all sources of SO2 within EPA’s analysis and rationale for discussed in the NPRM in detail, the nonattainment area (172(c)(3)); An approval of the State’s submittal and provides for attainment considering the attainment demonstration that includes attainment demonstration for this area, worst-case scenario of both the a modeling analysis showing that the please refer to EPA’s March 22, 2017 meteorology and the maximum enforceable emissions limitations and NPRM. The remainder of this action allowable emissions. The modeling other control measures taken by the contains EPA’s response to public demonstration provided by State will provide for expeditious comments and provides EPA’s final Pennsylvania followed the attainment of the NAAQS (172(c)); approval of Pennsylvania’s attainment recommendations outlined in appendix demonstration of RFP (172(c)(2)); plan for the Warren Area. W and the 2014 SO2 Nonattainment implementation of RACM, including Guidance. II. Response to Comments RACT (172(c)(1)); NNSR requirements In addition, under CAA Section (172(c)(5)); and adequate contingency A summary of the comments received 172(c)(3) and as described in EPA’s measures for the affected area and EPA’s responses are provided in NPRM, states are required to submit a (172(c)(9)). this Section of this rulemaking action. comprehensive, accurate, current On March 22, 2018 (83 FR 12516), The Sierra Club submitted a comment accounting of actual emissions from all EPA published a notice of proposed letter dated April 23, 2018, which sources (point, nonpoint, nonroad, and rulemaking (NPRM) for the contained five substantive comments onroad) of the relevant pollutant or Commonwealth of Pennsylvania summarized in comments one through pollutants in the nonattainment area. In proposing approval of the Warren area five. Comments labeled six through nine this case, the base year inventory is attainment plan. In accordance with were received from anonymous representative of actual emissions for section 172(c) of the CAA, the commenters and a citizen of Warren 2011, and the 2018 projected inventory County, Pennsylvania. Where comments is a projection based off 2011 base year 3 See ‘‘Guidance for 1-Hour SO2 Nonattainment contained similar topics, they were emissions and business projections. As Area SIP Submissions’’ (April 23, 2014), available grouped accordingly. To review the full the commenter correctly noted, the at https://www.epa.gov/sites/production/files/2016- 06/documents/20140423guidance_nonattainment_ set of comments received, refer to the emission limits for United Refining sip.pdf. Docket for this rulemaking action. (which are hourly limits expressed in

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51631

pounds per hour (lbs/hr)) can be hours per year, they would still reach specified in the COA, United Refining converted to an annual value, which attainment. Even though the Warren increased its use of a flue gas equates to approximately 1,274 tons per Area design value in 2011 was 94 ppb,5 desulfurization additive (De-Sox) for the year (tpy), assuming 8,760 hours of and the allowable annual emissions in fluid catalytic cracking (FCC) unit, operation. This value is considered the 2018 are greater than the 2011 base year which also decreased SO2 emissions. maximum allowable emissions on an emissions, that does not mean a These enforceable control measures and annual time frame. As the commenter violation of the NAAQS will occur in the enforceable emission limits, along correctly asserts, the maximum 2018 (as the commenter erroneously with compliance parameters, are allowable annual emissions for 2018 are asserts). In 2011, United Refining was specified in the COA with United greater than the 2011 base year allowed to emit up to 906.2 lbs/hr, and Refining which Pennsylvania requested emissions (992 tpy) and the emissions while they obviously did not do this us to incorporate into the SIP. The SO2 in the 2018 projected inventory (510 every hour of the year (since their 2011 limits in the COA and in United tpy); however, the modeled hourly annual emissions were 992 tons which Refining’s permit support the modeling emission limits at United Refining are is less than the allowable 3,951 tons),6 demonstration which shows the Warren more stringent than the hourly emission they could have emitted that much Area attaining the 2010 SO2 NAAQS. limits that were in place in the 2011 during a short time frame which would That is, regardless of how the annual base year. In 2011, a facility-wide SO2 have contributed to a design value total allowable emissions under emissions cap of 902.6 lbs/hr was in greater than 75 ppb (as design values are Pennsylvania’s SIP (assuming 8,760 place at United Refining, as well as unit- based on a 3-year average of the annual hours per year of operation at that limit) specific hourly SO2 emission limits as 99th percentile of daily maximum 1- compare to Pennsylvania’s estimate of specified in the PADEP’s SO2 Plan hour average concentrations). The 2011 and 2018 emissions for this Approval for United Refining.4 In the commenter asserts that the design value facility, the SIP is requiring control Warren Attainment Plan, PADEP has was 112 ppb in 2011 in Warren County, measures that will reduce emissions, adopted new, more stringent unit- which the commenter also assumes is and Pennsylvania has demonstrated that specific hourly emission limits that add directly correlated to the annual SO2 the emission limitations that produce up to approximately 291 lbs/hr emissions; neither the design value nor these emission reductions will improve (approximately one third of the previous this assumption is accurate. It is air quality sufficiently to attain the hourly facility-wide limit). The hourly incorrect to assume that there is a direct standard. emission limit for United Refining is in relationship between whether a total Comment 2: The commenter claims accordance with EPA’s recommendation annual allowable emissions inventory is that EPA has relied on a modeled that emission limits for attaining the 1- higher than base year and projected year attainment analysis that barely attains the standard, and does so with the use hour 2010 SO2 NAAQS should limit actual emissions inventories and emissions for each hour (and not on an whether an area will attain the 1-hour of an incorrect background annual basis). NAAQS based on modeling of allowable concentration, which was calculated While the calculated annual hourly emission limits. In fact, in contrary to EPA’s Modeling Guidance. maximum 2018 emissions using the assessing whether an emission limit will The commenter asserts that relying on hourly limit exceed the 2011 inventory provide for attainment of the 1-hour the average value from a single month on an annual basis and exceed the NAAQS, the total annual allowable of data is not representative of projected 2018 emissions inventory, our emissions under the limit is not a factor background. The commenter asserts that even if the monthly data were approval of the Warren Area attainment in the modeling analysis, as it is representative, the 99th percentile daily plan, and the modeling demonstration, irrelevant to determining whether the 3- maximum value should have been used is based on modeling using hourly year average of the 99th percentile of as the background concentration (as limits (not annual values) in accordance daily maximum 1-hour average opposed to the average value). The with CAA requirements and EPA concentrations will meet the NAAQS. commenter states that using the 99th guidance. Furthermore, as explained in Ambient concentrations calculated at percentile daily maximum value of 6 the NPRM and the Modeling Technical hourly intervals are correlated with ppb rather than the average value of Support Document (TSD), which can be hourly emissions and not annual 2.19 ppb background used by PADEP, found under Docket ID No. EPA–R03– emissions; and the hourly emission results in a modeled design value of OAR–2017–0578 and at limits set for United Refining in the 78.5 ppb. www.regulations.gov, Pennsylvania’s Consent Order and Agreement (COA) Response 2: EPA disagrees with the modeling demonstration was conducted were modeled to show attainment of the commenter’s arguments, and has in accordance with CAA requirements SO2 NAAQS. determined that the 2.19 ppb and thus, is approvable under CAA In addition, as noted in EPA’s NPRM background level used by PADEP Section 172. The attainment modeling and as required in the COA, United appropriately represents background demonstrates that the newly adopted Refining switched from high sulfur concentrations in the Area. As hourly emission limit for United content (2.8 percent (%) sulfur) fuel oil explained in the NPRM and Modeling Refining provides for protection of the to lower sulfur content fuel oil (0.5%) TSD, Pennsylvania’s proposed 1-hour SO2 NAAQS. in 11 combustion units and heaters, background concentration used in its It is important to note that attainment which decreased SO2 emissions. As modeling demonstration is reasonable modeling demonstrations are based on and reflective of true background the worst-case emission scenarios, and 5 EPA data shows the 99th percentile daily concentrations in the Warren Area. EPA maximum in 2011 for the Warren Area was 94 ppb, therefore, demonstrate that if United found in the NPRM and in the Modeling Refining emitted at their newly and the 2011 3-year design value was 105 ppb. EPA does not know how the commenter calculated a 112 TSD, that the background concentration established hourly emission limit 8,760 ppb design value for 2011 for the Warren Area. used in the air-dispersion modeling https://www.epa.gov/air-trends/air-quality-design- analysis for the Warren, Pennsylvania 1- 4 See PADEP’s SO2 Plan Approval for United values#report. Refining, 2001. Available at https://www.epa.gov/ 6 Annual allowable emissions for United Refining hour SO2 nonattainment area was sites/production/files/2017-06/documents/united_ assuming 906.2 lbs/hr operating 8760 hours per reasonable and was determined in refining.pdf. year. accordance with EPA’s Appendix W—

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51632 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

Guideline on Air Quality Models. EPA submittal, use of other statistical SO2 concentrations do not show the believes section 8.3.2 (c) of appendix W calculations such as the 99th percentile Warren Area to be violating the 1-hour provides flexibility in determining the would include the discrete periods SO2 NAAQS. model background concentration and where turnaround activity SO2 Comment 3: The commenter claims allows for methods other than using a emissions were impacting the Warren- that the contingency measures specified monitor design value as long as the Overlook ambient monitor. EPA in the Warren Attainment Plan are method is fully described and vetted continues to find Pennsylvania’s use of inadequate because they are not with the reviewing authorities and is average concentrations (instead of the specific, do not take effect judged to provide an appropriate 99th percentile) reasonable because it is automatically, and count back-to-back assessment of background within permissible discretion of days of exceedances as a single day. Per concentrations. In this case, the appendix W, not prohibited by 2014 the commenter, the NAAQS is designed availability of monitored values during SO2 Nonattainment Guidance or to prevent repeated days of high a time period of little to no operation of appendix W, and because the 99th ambient SO2 concentrations and back- the United Refinery provided a unique percentile was affected by some minor to-back days of exceedances would opportunity to develop a background operations of the United Refinery that ‘‘potentially allow exceedances of the concentration. Since the nonattainment occurred during the shutdown. 99th-percentile evaluative criteria for area has only one primary SO2 source it EPA has provided additional the NAAQS to be met long before any was reasonable to assume monitor information supporting our initial even theoretical remedial effects of the concentrations within the determination that the background contingency measure could accrue at nonattainment area during this time value utilized in the Warren attainment all.’’ The commenter states the period would be indicative of the Area’s demonstration is reasonable in a ‘‘measure’’ is nothing more than background concentration. This supplemental TSD, which can be found requiring United Refining to issue a background concentration was under Docket ID No. EPA–R03–OAR– report including unknown proposed compared to other regional values for 2017–0578 and at www.regulations.gov. operation changes. The commenter areas with similar source distributions The supporting information provides an states this lack of specificity is plainly and shown to be comparable in updated comparison of the background inconsistent with CAA requirements. magnitude. While this approach is not concentration used in the Warren Response 3: EPA disagrees with the specifically included in EPA’s list of modeling analysis to regional SO2 commenter that the contingency possible examples in appendix W, it monitored values which shows that the measures are inadequate. Section was fully vetted by the proper reviewing background concentration of 2.19 ppb 172(c)(9) of the CAA defines authority as required by appendix W. used by Pennsylvania is similar to contingency measures as such measures The development of this background monitored values in a nearby similar in a SIP that are to be implemented in concentration is more fully described in location to the Area which supports the the event that an area fails to make RFP, section 4.7 of United Refinery’s data used by Pennsylvania for or fails to attain the NAAQS, by the February 2017 modeling protocol (see background. The TSD also includes a applicable attainment date. Contingency Appendix C–3 of Pennsylvania’s SIP discussion of the overall downward SO2 measures are to become effective documentation) and it has been vetted emission trends across the United without further action by the State or and approved by EPA in this States, resulting from declining EPA, where the area has failed to (1) rulemaking action. consumption of coal as a fuel source by achieve RFP or, (2) attain the NAAQS by In addition, the commenter’s assertion electricity generating plants that are the the statutory attainment date for the that the 99th percentile value of the primary sources of background SO2 affected area. These control measures monitored daily maximum emissions, lending more support to the are to consist of other available control concentrations during the United assertion that background measures that are not included in the Refinery’s turnaround period should be concentrations are falling and 2.19 ppb control strategy for the attainment plan used as background as opposed to the is a reasonable background for the SIP for the affected area. However, EPA has also explained that average value is not supported by any Warren Area. In addition to emission SO presents special considerations.8 data or reasoning. There are no trends, the SO2 ambient concentration 2 stipulations in appendix W that require trend in the Northeast (which includes First, for some of the other criteria background concentrations to be based Pennsylvania and New York) mirrors pollutants, the analytical tools for on the 99th percentile of concentrations. the national trend showing an 84% quantifying the relationship between reductions in precursor emissions and Background concentrations must reduction in ambient SO2 represent the ambient concentrations concentrations from 2000–2017.7 resulting air quality improvements without the source in question. As EPA thus continues to find it remains subject to significant discussed in Appendix C–3 of reasonable for Pennsylvania to use a uncertainties, in contrast with Pennsylvania’s submittal, during the background concentration that is based procedures for directly-emitted turnaround period, the United Refinery on monitored data from a period when pollutants such as SO2. Second, was mostly off, however, certain the refinery was shut down because the emission estimates and attainment maintenance activities occurred which data used does not include emissions analyses for other criteria pollutants can be strongly influenced by overly produced SO emissions. By taking the from the primary source (as specified in 2 optimistic assumptions about control average of the daily maximum values, appendix W), the data are similar to data from nearby areas and based on impacts from SO2 emissions generated 8 See SO Guideline Document, U.S. by the maintenance activities (as SO2 emission trends we do not expect 2 background concentrations to go up in Environmental Protection Agency, Office of Air detailed in Appendix C–3 of Quality Planning and Standards, Research Triangle Pennsylvania’s submittal) would have the future. In addition, 2017 monitored Park, N.C. 27711, EPA–452/R–94–008, February been minimized and values would be 1994. See also EPA’s 2014 SO2 Nonattainment 7 https://www.epa.gov/air-trends/sulfur-dioxide- Guidance. more reflective of true background trends#soreg. Nationally, a 79% decrease in See General Preamble for the Implementation of concentrations in the area. As specified ambient monitor concentrations of SO2 has been Title I of the Clean Air Act Amendments of 1990 in Appendix C–3 of Pennsylvania’s observed from 2000–2017. at 57 FR 13498 (April 16, 1992).

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51633

efficiency and rates of compliance for the Act and the rules and regulations more developed portions, rendering the many small sources. This is not the case promulgated under the Act. Such extremely large emissions discrepancies for SO2. actions include the issuance of orders to be quite concerning. In contrast, the control efficiencies for (for example, enforcement orders and Response 5: EPA disagrees with the SO2 control measures are well orders to take corrective action to commenter. The methodologies used to understood and are far less prone to address air pollution or the danger of air determine the onroad and nonroad uncertainty. Since SO2 control measures pollution from a source) and the emissions were reviewed and deemed are by definition based on what is assessment of civil penalties. Sections reasonable by EPA. The nonroad directly and quantifiably necessary to 9.1 and 10.1 of the APCA, 35 P.S. emissions are calculated for the attain the SO2 NAAQS, it would be sections 4009.1 and 4010.1, also nonattainment area (NAA) by using unlikely for an area to implement the expressly authorize PADEP to issue proportional population for the four necessary emission controls yet fail to orders to aid in the enforcement of the municipalities that comprise the NAA. attain the NAAQS. Therefore, for SO2 APCA and to assess civil penalties. Using the 2010 census, approximately programs, EPA has explained that Any person in violation of the APCA, 43.18 percent of the population of ‘‘contingency measures’’ can mean that rules and regulations, any order of Warren County lives within the Warren the air agency has a comprehensive PADEP, or plan approval or operating NAA, therefore the total nonroad program to identify sources of violations permit conditions would also be subject emissions for the county (0.781 tpy) of the SO2 NAAQS and to undertake an to criminal fines upon conviction under were multiplied by the percent of the ‘‘aggressive’’ follow-up for compliance Section 9, 35 P.S. section 4009. Section population (43.18%) to get nonroad and enforcement, including expedited 7.1 of the APCA, 35 P.S. section 4007.1, emissions for the NAA (0.337 tpy). The procedures for establishing enforceable prohibits PADEP from issuing plan onroad emissions were calculated using consent agreements pending the approvals and operating permits for any the EPA’s MOVES2014 emissions adoption of the revised SIP. EPA applicant, permittee, or a general model. The inputs used in the model believes that this approach continues to partner, parent or subsidiary account for vehicle activity data within be valid for the implementation of corporation of the applicant or the the four municipalities within the NAA. contingency measures to address the permittee that is placed on PADEP’s The onroad and nonroad emissions 2010 SO2 NAAQS, and consequently Compliance Docket until the violations contribute to 0.17% and 0.031%, concludes that Pennsylvania’s are corrected to the satisfaction of respectively, of the total emissions in comprehensive enforcement program, as PADEP. the NAA. As stated in the NPRM, EPA discussed below, satisfies the EPA concludes that Pennsylvania’s reviewed the methodologies for the contingency measure requirement. This enforcement program by itself suffices development of the base year inventory approach to contingency measures for to satisfy the contingency measure and found them to be reasonable. SO2 does not preclude an air agency requirements. Therefore, Comment 6: The commenter states from requiring additional measures that notwithstanding Sierra Club’s concerns that EPA’s claim of evaluating SO2 are enforceable and appropriate for a about the specificity and triggering of emissions in the Warren nonattainment particular source category if the State the supplementary measures identified area is not valid because there are only determines such supplementary in the United Refining COA, EPA two SO2 ambient air quality monitors measures are appropriate. As EPA has believes that Pennsylvania’s within the four municipalities of the stated in our reasonable interpretation enforcement program, which is Warren Area. The commenter asserts of contingency measures for areas enhanced by the supplementary that the ambient air quality data is not coming into attainment with the 2010 provisions in the United Refining COA, representative of the entire SO2 NAAQS, in order for EPA to be able suffice to meet Section 172(c)(9) nonattainment area or the most to approve the SIP, the supplementary requirements as interpreted in the 1992 populated municipality, and that contingency measures would need to be General Preamble and the 2014 SO2 additional monitor sites must be a fully adopted provision in the SIP that Nonattainment Guidance. established in the populated areas. The becomes effective where the area has Comment 4: The commenter asserts commenter states that the Warren failed to meet RFP or fails to attain the that EPA’s proposed rulemaking Overlook monitor is 2.9 miles from the standard by the statutory attainment includes an improper reference to the United Refinery and that neither that date. The supplementary contingency Indiana Area in Part III. Section A. monitor nor the Warren East monitor are measures proposed for the Warren Area Response 4: EPA agrees with the in the direction of the prevailing wind, are in the COA we are incorporating commenter that the term Indiana Area 229.6 degrees. Therefore, because of the into the Pennsylvania SIP and thus will was inadvertently included in Part III. lack of monitoring sites in all be fully approved provisions within the Section A. of the NPRM. The language municipalities, the ‘‘dubious’’ siting of SIP. should have read, ‘‘Pennsylvania’s existing monitors in locations not in the As noted in EPA’s NPRM, EPA’s 2014 attainment plan appropriately path of prevailing winds, and the vast SO2 Nonattainment Guidance describes considered SO2 emissions for the area of Warren County not proximate to special features of SO2 planning that Warren Area.’’ monitors, the claim by EPA that the influence the suitability of alternative Comment 5: The commenter asserts attainment plan evaluates SO2 means of addressing the requirement in that PADEP erroneously calculated emissions for the area is unprovable. section 172(c)(9) for contingency emissions of road and non-road sources The commenter asserts that the plan is measures including a comprehensive of 1.380 and 0.337 tons, respectively. not approvable and fails to meet the enforcement program. Pennsylvania has They assert that the National Emissions requirements of 40 CFR 51.112(a) which a comprehensive enforcement program Inventory suggests those same emissions requires plans to demonstrate that the as specified in Section 4(27) of the categories were closer to 4.28 and 0.781 measures are adequate to provide for Pennsylvania Air Pollution Control Act tons, respectively. The commenter states timely attainment and maintenance of (APCA), 35 P.S. section 4004(27). Under that while the Warren Nonattainment NAAQS. The commenter asserts this program, PADEP is authorized to Area does not comprise the entirety of additional ‘‘emissions monitors’’ must take any action it deems necessary or Warren County, it does include the vast be established in populated areas near proper for the effective enforcement of majority of the county, including the the refinery where people are most

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51634 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

likely exposed to SO2. The commenter properly placed. The commenter asserts operation of new or modified major urged EPA to reevaluate the number and that the placement of monitors is such stationary sources in a nonattainment location of monitors to ensure accurate that they will have minimal likelihood area. Pennsylvania has a NNSR program and timely data regarding SO2 exposure. of detecting an exceedance. The for criteria pollutants in 25 Response 6: EPA disagrees with the commenter states that as currently Pennsylvania Code Chapter 127, commenter. EPA used ambient constructed, the Attainment Plan ‘‘lacks Subchapter E, which was approved into monitoring data to determine that the sufficient measures to expeditiously the Pennsylvania SIP on December 9, Warren Area was not attaining the 2010 identify the source of any violation of 1997 (62 FR 64722). On May 14, 2012 SO2 NAAQS in 2013 (78 FR 47191), and the SO2 NAAQS, and, more importantly, (77 FR 28261), EPA approved a SIP consistent with EPA’s 2014 SO2 lacks essential safeguards to trigger revision pertaining to the pre- Nonattainment Guidance and EPA’s protection of public health and welfare construction permitting requirements of Modeling Guidance, PADEP provided across the entire nonattainment area.’’ Pennsylvania’s NNSR program to modeling to determine that PADEP’s Response 7: EPA disagrees with the update the regulations to meet EPA’s attainment plan will bring the entire commenter. The 2010 primary SO2 2002 NSR reform regulations. EPA then nonattainment area into attainment with NAAQS was established to be protective approved an update to Pennsylvania’s the NAAQS. The 2010 primary SO2 of public health and the Warren Area NNSR regulations on July 13, 2012 (77 NAAQS was established to be protective attainment plan modeling shows that FR 41276). PADEP’s currently SIP of public health and the Warren Area the SO2 NAAQS will be met throughout approved NNSR program meets all of attainment plan modeling shows that the nonattainment area. the requirements of CAA sections the SO2 NAAQS will be met throughout The COA between PADEP and United 175(c)(5) and 173 and 40 CFR 51.165 for Refining was signed on September 29, the nonattainment Area. EPA evaluated SO2 sources undergoing construction or PADEP’s modeling and emissions data 2017 and is included in the Docket in major modification in the Warren Area. and determined that it has met all Appendix B of Pennsylvania’s EPA does not, as a general matter, applicable requirements as described in submittal. The emissions limitations evaluate individual permitting actions EPA’s NPRM. agreed to in the COA were modeled by in the context of a SIP revision. Nor do PADEP operates more monitors in the Pennsylvania to show that at the worst we ‘‘audit’’ a permitting authority’s area (and throughout the State) than are case (maximum allowable emissions) implementation of already approved required by the Population Weighted scenario, emissions from United regulations in the course of determining Emissions Index (PWEI) requirement Refining will not be causing whether an individual SIP revision

described in appendix D to 40 CFR part nonattainment of the primary SO2 request meets all applicable 58. PADEP established the Warren NAAQS anywhere in the Warren Area. requirements of the CAA. If a source Overlook monitor in November 1996 In addition, as discussed in Response 6, improperly avoids NNSR permitting, the and the Warren East monitor was PADEP meets the requirements for source is potentially subject to established in January 2012. The ambient monitoring as established in 40 enforcement action. As noted by the monitors have been sited correctly and CFR part 58, appendices D and E. Thus, commenter, PADEP evaluated the in accordance with the requirements of EPA is approving Pennsylvania’s installation of the sour tips stripper unit 40 CFR part 58, appendix E. Thus, EPA attainment plan for the Warren Area. and determined that the project did not disagrees with the commenter that EPA Comment 8: Two commenters trigger major NNSR. The commenter has must reevaluate the number and addressed the NNSR Program in provided no evidence to conclude that location of SO monitors in the area and Pennsylvania, as it relates to the 2 PADEP did so incorrectly. Regardless, if disagrees with the commenter that the addition of sour tip stripper units that the commenter took issue with PADEP’s siting of ambient monitors in the Area were installed at the United Refining impacts our ability to approve the plant in March 2018. The first determination on the sour tips stripper attainment plan for this area. As commenter asserts that while installation, the time to raise such Pennsylvania has the legally required Pennsylvania concluded the concerns was during the permitting monitoring for the Area per 40 CFR part modification of the sour tip stripper unit process, not here, as individual 58 and EPA finds the attainment plan to the Facility did not trigger NNSR, the permitting actions are not germane to otherwise meets requirements in the restart of the refinery after the this SIP action which only evaluates CAA, EPA is approving the attainment modification, should have prompted whether the SIP includes the program as plan for the Warren Area. PADEP regulators ‘‘to conduct the required by CAA section 172(c)(5). In addition, EPA approved NNSR.’’ The commenter asked how EPA In addition, the Warren Attainment Pennsylvania’s November 17, 2017 could conclude Pennsylvania’s SIP Plan was submitted to EPA on Annual Ambient Air Monitoring meets requirements of CAA 172(c)(5) for September 29, 2017, which was prior to Network Plan on January 11, 2018 the Area and states that EPA should the installation of the sour tip units, and because it meets the requirements of 40 pause approval of the attainment plan to as such that installation was not CFR part 58.10, and has not in this SIP conduct an audit of PADEP compliance included in the attainment plan. approval action re-opened that prior with NNSR regulations. The second However, the project was considered monitoring plan approval action.9 commenter asks if the modified sour tip under Pennsylvania’s NNSR regulations; Comment 7: The commenter asserts units were taken into account with the project was evaluated and that the United Refining COA is regard to the proposed attainment plan determined by PADEP to not trigger designed only to ensure a violation at and if United Refining is subject to the major NNSR. Finally, EPA disagrees that the monitor is not recorded and that it NNSR program for the Warren Area. the attainment plan submitted to meet is not protective of the health of citizens Response 8: EPA disagrees with the CAA section 172 needs to address any in the area since the monitors are not commenters, and notes that several of modifications at sources in a the points they raise are outside the nonattainment area that occur after the 9 For informational purposes, EPA’s approval scope of this attainment SIP approval plan is submitted. CAA section 172(c)(5) letter for the Pennsylvania November 17, 2017 action. Section 172(c)(5) of the CAA specifically requires attainment plans to Annual Ambient Air Monitoring Network Plan is included in the docket for this rulemaking and requires that an attainment plan require include NNSR permit programs which available at www.regulations.gov. permits for the construction and will ensure future construction or

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51635

modifications at sources (such as the Warren Area meets the applicable state choices, provided that they meet sour tip units at United Refining) do not requirements of the CAA in sections 110 the criteria of the Clean Air Act. interfere with an area attaining the and 172 and comports with EPA’s Accordingly, this action merely NAAQS. recommendations discussed in the 2014 approves state law as meeting Federal Comment 9: Six commenters provided SO2 Nonattainment Guidance. requirements and does not impose video and photos of a fire at the United Specifically, EPA is approving the base additional requirements beyond those Refining facility in spring 2018, with year emissions inventory, a modeling imposed by state law. For that reason, identical comments. The commenters demonstration of SO2 attainment, an this action: inquired whether EPA or PADEP have analysis of RACM/RACT, a RFP plan, • Is not a significant regulatory action been contacted about the fires at the and contingency measures for the subject to review by the Office of refinery, or if EPA or PADEP have been Warren Area, and concludes that the Management and Budget under actively involved in the restart of the Pennsylvania SIP has met requirements Executive Orders 12866 (58 FR 51735, refinery. The commenters inquired for NNSR for the 2010 1-hour SO2 October 4, 1993) and 13563 (76 FR 3821, about the types of pollutants that are NAAQS. Additionally, EPA is January 21, 2011); being released during the refinery fire, approving into the Pennsylvania SIP • Does not impose an information which they assert have been ongoing for specific SO2 emission limits, collection burden under the provisions three weeks. compliance parameters and contingency of the Paperwork Reduction Act (44 Response 9: EPA notes that none of measures established for United U.S.C. 3501 et seq.); the comments and photos sent by Refining, the SO2 source impacting the • Is certified as not having a commenters about fires at United Warren Area. Furthermore, approval of significant economic impact on a Refining are related to the attainment this SIP submittal removes EPA’s duty substantial number of small entities plan EPA has proposed to approve for to promulgate and implement a FIP under the Regulatory Flexibility Act (5 the Warren Area or to the reasoning EPA under CAA section 110(c) for the U.S.C. 601 et seq.); provided in the NPRM for our approval Warren Area. • Does not contain any unfunded of the plan as addressing requirements IV. Incorporation by Reference mandate or significantly or uniquely in CAA sections 110, 172, and 192. The affect small governments, as described fires do not affect whether the limits In this document, EPA is finalizing in the Unfunded Mandates Reform Act that Pennsylvania has adopted suffice to regulatory text that includes of 1995 (Pub. L. 104–4); assure attainment or whether the plan incorporation by reference. In • Does not have federalism accordance with requirements of 1 CFR more generally satisfies applicable implications as specified in Executive 51.5, EPA is finalizing the incorporation requirements. Thus, these comments are Order 13132 (64 FR 43255, August 10, by reference of the portions of the COA not germane to our proposed 1999); rulemaking, and no response is entered between Pennsylvania and • Is not an economically significant necessary. However, EPA reviewed United Refining Company on September regulatory action based on health or PADEP’s preliminary (yet to be quality 29, 2017 that are not redacted. This safety risks subject to Executive Order assured or certified) hourly SO data includes emission limits and associated 2 13045 (62 FR 19885, April 23, 1997); collected at the Warren Overlook and compliance parameters, record-keeping • Is not a significant regulatory action Warren East monitors for the month of and reporting, and contingency subject to Executive Order 13211 (66 FR April, when the fires and related flaring measures. EPA has made, and will 28355, May 22, 2001); were reported to EPA.10 The ambient air continue to make, these materials • Is not subject to requirements of quality monitor data reviewed by EPA generally available through https:// Section 12(d) of the National during this period do not show www.regulations.gov/ or at the EPA Technology Transfer and Advancement monitored SO concentrations Region III Office (please contact the 2 Act of 1995 (15 U.S.C. 272 note) because approaching the NAAQS of 75 ppb. The person identified in the FOR FURTHER application of those requirements would highest hourly concentration at the INFORMATION CONTACT section of this be inconsistent with the Clean Air Act; monitors during April 2018 was 22 ppb preamble for more information). and on April 23, 2018, which is well below Therefore, these materials have been • Does not provide EPA with the the 2010 SO NAAQS. The commenters approved by EPA for inclusion in the 2 discretionary authority to address, as have not provided any other SIP, have been incorporated by appropriate, disproportionate human information such as modeling of actual reference by EPA into that plan, are health or environmental effects, using emissions during the fire to suggest that fully federally enforceable under practicable and legally permissible there are NAAQS exceedances that the sections 110 and 113 of the CAA as of methods, under Executive Order 12898 monitors may have not detected. the effective date of the final rulemaking (59 FR 7629, February 16, 1994). of EPA’s approval, and will be III. Final Action incorporated by reference by the In addition, the SIP is not approved to EPA is approving Pennsylvania’s SIP Director of the Federal Register in the apply on any Indian reservation land or revision submittal for the Warren Area, next update to the SIP compilation.11 in any other area where EPA or an as submitted through PADEP to EPA on Indian tribe has demonstrated that a September 29, 2017 for the purpose of V. Statutory and Executive Order tribe has jurisdiction. In those areas of demonstrating attainment of the 2010 1- Reviews Indian country, the rule does not have hour SO2 NAAQS. EPA has determined Under the Clean Air Act, the tribal implications and will not impose that Pennsylvania’s SO2 attainment plan Administrator is required to approve a substantial direct costs on tribal for the 2010 1-hour SO2 NAAQS for the SIP submission that complies with the governments or preempt tribal law as provisions of the Act and applicable specified by Executive Order 13175 (65 10 PADEP’s preliminary ambient air monitoring Federal regulations. 42 U.S.C. 7410(k); FR 67249, November 9, 2000). The data is accessible in real-time at this site: http:// 40 CFR 52.02(a). Thus, in reviewing SIP Congressional Review Act, 5 U.S.C. 801 www.ahs.dep.pa.gov/aq_apps/aadata/Default.aspx. EPA accessed the data on the morning of Friday, submissions, EPA’s role is to approve et seq., as added by the Small Business May 18, 2018 and has provided this data in a memo Regulatory Enforcement Fairness Act of to the file in the docket for this rulemaking. 11 62 FR 27968 (May 22, 1997). 1996, generally provides that before a

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51636 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

rule may take effect, the agency within which a petition for judicial PART 52—APPROVAL AND promulgating the rule must submit a review may be filed, and shall not PROMULGATION OF rule report, which includes a copy of postpone the effectiveness of such rule IMPLEMENTATION PLANS the rule, to each House of the Congress or action. This action of approving a SIP and to the Comptroller General of the revision, submitted by the ■ 1. The authority citation for part 52 United States. EPA will submit a report Commonwealth of Pennsylvania continues to read as follows: containing this action and other through the Pennsylvania PADEP, to Authority: 42 U.S.C. 7401 et seq. required information to the U.S. Senate, EPA on September 29, 2017, for the U.S. House of Representatives, and attainment of the 2010 1-hour SO2 Subpart NN—Pennsylvania the Comptroller General of the United primary NAAQS in the Warren, ■ States prior to publication of the rule in Pennsylvania SO2 nonattainment area 2. Amend § 52.2020 by: the Federal Register. A major rule may not be challenged later in ■ a. In paragraph (d)(3), adding an entry cannot take effect until 60 days after it proceedings to enforce its requirements. for ‘‘United Refining Company’’ at the is published in the Federal Register. (See CAA section 307(b)(2).) end of the table; and This action is not a ‘‘major rule’’ as ■ b. In paragraph (e)(1), adding an entry List of Subjects in 40 CFR Part 52 defined by 5 U.S.C. 804(2). for ‘‘Attainment Plan for the Warren, Under section 307(b)(1) of the Clean Environmental protection, Air Pennsylvania Nonattainment Area for Air Act, petitions for judicial review of pollution control, Incorporation by the 2010 Sulfur Dioxide Primary this action must be filed in the United reference, Intergovernmental relations, National Ambient Air Quality States Court of Appeals for the Reporting and recordkeeping Standard’’ at the end of the table. appropriate circuit by December 11, requirements, Sulfur oxides. The additions read as follows: 2018. Filing a petition for Dated: September 28, 2018. reconsideration by the Administrator of § 52.2020 Identification of plan. this final rule does not affect the finality Cosmo Servidio, * * * * * of this action for the purposes of judicial Regional Administrator, Region III. (d) * * * review nor does it extend the time 40 CFR part 52 is amended as follows: (3) * * *

State Name of source Permit No. County effective EPA approval date Additional explanation/ date 52.2063 citation

******* United Refining Company None ...... Warren ...... 9/29/17 10/12/18, [Insert Federal Sulfur dioxide emission limits and re- Register citation]. lated parameters in unredacted por- tions of the Consent Order and Agreement.

* * * * * (1) * * * (e) * * *

State Name of non-regulatory SIP revision Applicable geographic area submittal EPA approval date Additional explanation date

******* Attainment Plan for the Warren, Penn- Conewango Township, Glade ...... 10/12/18, [Insert Federal Includes base year emis- sylvania Nonattainment Area for the Township, Pleasant Town- Register citation]. sions inventory. 2010 Sulfur Dioxide Primary National ship, and the City of Warren Ambient Air Quality Standard. in Warren County.

* * * * * ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection [FR Doc. 2018–22174 Filed 10–11–18; 8:45 am] AGENCY Agency (EPA) is announcing the BILLING CODE 6560–50–P Agency’s approval of alternative testing 40 CFR Part 141 methods for use in measuring the levels [EPA–HQ–OW–2018–0558; FRL–9985–19– of contaminants in drinking water and OW] determining compliance with national primary drinking water regulations. The Expedited Approval of Alternative Test Safe Drinking Water Act authorizes the Procedures for the Analysis of EPA to approve the use of alternative Contaminants Under the Safe Drinking testing methods through publication in Water Act; Analysis and Sampling the Federal Register. The EPA is using Procedures this authority to make 100 additional AGENCY: Environmental Protection methods available for analyzing Agency (EPA). drinking water samples. This expedited approach provides public water ACTION: Final rule. systems, laboratories, and primacy

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51637

agencies with more timely access to new available electronically through https:// the Safe Drinking Water Act (SDWA) measurement techniques and greater www.regulations.gov/. may also measure contaminants in flexibility in the selection of analytical FOR FURTHER INFORMATION CONTACT: water samples. When the EPA sets a methods, thereby reducing monitoring Glynda Smith, Technical Support monitoring requirement in its national costs while maintaining public health Center, Standards and Risk Management primary drinking water regulations for a protection. Division, Office of Ground Water and given contaminant, the Agency also Drinking Water (MS 140), establishes (in the regulations) DATES: This action is effective October standardized test procedures for 12, 2018. Environmental Protection Agency, 26 West Martin Luther King Drive, analysis of the contaminant. This action ADDRESSES: The EPA has established a Cincinnati, Ohio 45268; telephone makes alternative testing methods docket for this action under Docket ID number: (513) 569–7652; email address: available for particular drinking water No. EPA–HQ–OW–2018–0558. All [email protected]. contaminants beyond the testing documents in the docket are listed on methods currently established in the SUPPLEMENTARY INFORMATION: the https://www.regulations.gov/ regulations. The EPA is providing Website. Although listed in the index, I. General Information public water systems, required to test some information is not publicly water samples, with a choice of using A. Does this action apply to me? available, e.g., confidential business either a test procedure already information (CBI) or other information Public water systems are the regulated established in the existing regulations or whose disclosure is restricted by statute. entities required to measure an alternative testing method that has Certain other material, such as contaminants in drinking water been approved in this action or in prior copyrighted material, is not placed on samples. The EPA Regions as well as expedited approval actions. Categories the internet and will be publicly states and tribal governments with and entities that may ultimately be available only in hard copy form. authority to administer the regulatory interested in this expedited methods Publicly available docket materials are program for public water systems under approval action include:

Category Examples of potentially regulated entities NAICS 1

State, local, & tribal governments ...... State, local, and tribal governments that analyze water samples on behalf of public 924110 water systems required to conduct such analysis; state, local, and tribal govern- ments that directly operate community and non-transient non-community water systems required to monitor. Industry ...... Private operators of community and non-transient non-community water systems 221310 required to monitor. Municipalities ...... Municipal operators of community and non-transient non-community water systems 924110 required to monitor. 1 North American Industry Classification System.

This table is not intended to be SM: Standard Method SDWA allows the EPA to approve the exhaustive, but rather provides the VCSB: Voluntary Consensus Standard use of the alternative testing method EPA’s guide for readers regarding Bodies through publication in the Federal entities likely to be interested in this II. Background Register (see section 1401(1) of the action. Other types of entities not listed SDWA). The EPA is using this approval in the table may also have some interest. A. What is the purpose of this action? authority to make 100 additional To determine whether this action may In this action, the EPA is approving methods available for determining concern your facility, you should 100 analytical methods for determining contaminant concentrations in drinking carefully examine the applicability contaminant concentrations in drinking water samples collected under the language in the Code of Federal water samples collected under the SDWA. The EPA has determined that, Regulations (CFR) at 40 CFR 141.2 SDWA. Regulated entities required to for each contaminant or group of (definition of a public water system). If sample and monitor may use either the contaminants listed in Section III of this you have questions regarding the testing methods already established in action, the additional testing methods applicability of this action to a existing national primary drinking water being approved are as effective as one or particular entity, consult the person regulations or the alternative testing more of the testing methods already listed in the preceding FOR FURTHER methods being approved under this approved in the regulations for those INFORMATION CONTACT section. action or in prior expedited approval contaminants. Section 1401(1) of the Abbreviations and Acronyms Used in actions. The new methods are listed SDWA states that the newly approved This Action along with other methods similarly methods ‘‘shall be treated as an approved through previous expedited alternative for public water systems to APHA: American Public Health actions in 40 CFR part 141, Appendix A the quality control and testing Association to subpart C and on the EPA’s drinking procedures listed in the regulation.’’ ATP: Alternate Test Procedure Accordingly, this action makes these CBI: Confidential Business Information water methods website at https:// additional 100 analytical methods CFR: Code of Federal Regulations www.epa.gov/dwanalyticalmethods. legally available as options for meeting EPA: U.S. Environmental Protection B. What is the basis for this action? Agency the EPA’s monitoring requirements. NAICS: North American Industry When the EPA determines that an This action does not add regulatory Classification System alternative analytical method is language; however, for informational QC: Quality Control ‘‘equally effective’’ (i.e., as effective as a purposes, the action updates an QCS: Quality Control Sample method that has already been appendix to the regulations at 40 CFR SDWA: The Safe Drinking Water Act promulgated in the regulations), the part 141, which lists all methods

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51638 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

approved under section 1401(1) of the criteria defined in the regulations. For EPA Method 900.0 Rev 1.0 is available SDWA. Accordingly, while this action is example, the approved Method 900.0 at the National Service Center for not a rule, it is updating CFR text and defines americium-241 as the gross Environmental Publications. therefore is being published under the alpha calibrant. However, americium- ‘‘Final Rules’’ section of the Federal 241 is not approved in the regulations B. Methods Developed by Voluntary Register. at 40 CFR 141.25(a); footnote 11 to the Consensus Standard Bodies (VCSB) table at 40 CFR 141.25(a) states that only III. Summary of Approvals 1. Standard Methods for the natural uranium and thorium-230 are Examination of Water and Wastewater The EPA is approving 100 methods approved calibration standards for gross (Standard Methods). The 23rd edition of that are equally effective relative to alpha evaporative methods (i.e., Method Standard Methods for the Examination methods previously promulgated in the 900.0). Americium-241 is only approved of Water and Wastewater (APHA 2017) regulations. This action adds these 100 as an alpha calibrant for co-precipitation was published in July 2017. The EPA methods to Appendix A to subpart C of methods. 40 CFR part 141. The revised method also addresses compared 89 methods in the 23rd the important issue of the time interval edition to earlier versions of those A. Methods Developed by the EPA involved between sample preparation methods that are promulgated in 40 CFR 1. EPA Method 900.0, Revision 1.0, and counting. Timing events can have a parts 141 and 143. Changes between the Determination of Gross Alpha and Gross significant impact on gross alpha promulgated version and the version of Beta in Drinking Water (USEPA 2018). results. The gross alpha maximum each method published in the 23rd EPA Method 900.0 (USEPA 1980) was contaminant level specified at 40 CFR edition are summarized in Smith and promulgated in the drinking water 141.66(c) is 15 pCi/L and excludes Wendelken (2018) and Best (2018). The regulations at 40 CFR 141.25(a) as a radon and uranium activity. The revisions primarily involve editorial screening method for alpha- and beta- promulgated method specifies a changes (e.g., correction of errors, emitting radionuclides. EPA Method minimum 72-hour hold time after procedural clarifications, and 900.0, Revision 1.0 was developed in preparation before counting the reorganization of text). Errors in the ¥ response to comments from samples. Such a delay can allow radon nitrate methods (4500–NO3 D, E, and radiochemistry stakeholders indicating ingrowth along with its alpha-emitting F) have been addressed in an that the older, approved method does progeny. The revised method eliminates appropriate errata sheet prepared for the not address newer instrumental the hold time in order to more 23rd edition (APHL 2018). The methods capabilities such as simultaneous alpha/ accurately meet the intent of the gross in the following table are the same as beta counting and the concomitant need alpha maximum contaminant level the earlier approved versions with to properly address crosstalk. Moreover, specification. respect to the sample handling stakeholders requested that a method The EPA has determined that EPA protocols, analytical procedures, and revision provide more in-depth Method 900.0, Revision 1.0 is equally as method performance data. For these calibration details and quality control effective for determining gross alpha reasons, the EPA has concluded that the criteria to assure a more robust and gross beta radioactivity as the versions in the 23rd edition are equally procedure capable of yielding improved promulgated method. The basis for this effective relative to the promulgated consistency in generating and determination is discussed in greater versions in the regulations. Therefore, evaluating analytical results. EPA detail in Smith 2018a. Therefore, the the EPA is approving the use of 89 Method 900.0, Revision 1.0 addresses EPA is approving EPA Method 900.0, Standard Methods in the 23rd edition those concerns and also corrects specific Revision 1.0 for the routine for the contaminants and their disparities between requirements in the determination of gross alpha and gross respective regulations listed in the promulgated Method 900.0 and the beta radioactivity in drinking water. following table:

Standard methods, 23rd edition Approved method Contaminant Regulation citations (APHA 2017)

2120 B...... 2120 B–01, online version (APHA Color ...... 40 CFR 143.4(b). 2001a). 2130 B...... 2130 B–01, online version (APHA Turbidity ...... 40 CFR 141.74(a)(1). 2001b). 2150 B...... 2150 B–97, online version (APHA Odor ...... 40 CFR 143.4(b). 1997a). 2320 B...... 2320 B–97, online version (APHA Alkalinity ...... 40 CFR 141.23(k)(1). 1997b). 2510 B...... 2510 B–97, online version (APHA Conductivity ...... 40 CFR 141.23(k)(1). 1997c). 2540 C...... 2540 C–97, online version (APHA Total Dissolved Solids ...... 40 CFR 143.4(b). 1997d). 2550 ...... 2550–00, online version (APHA 2000a) Temperature ...... 40 CFR 141.23(k)(1). 3111 B...... 3111 B–99, online version (APHA Calcium, copper, magnesium, nickel, 40 CFR 141.23(k)(1); 40 CFR 1999a). sodium, iron, manganese, silver, 143.4(b). zinc. 3111 D...... 3111 D–99, online version (APHA Barium, aluminum...... 40 CFR 141.23(k)(1); 40 CFR 1999a). 143.4(b). 3112 B...... 3112 B–99, online version (APHA Mercury ...... 40 CFR 141.23(k)(1). 1999b).

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51639

Standard methods, 23rd edition Approved method Contaminant Regulation citations (APHA 2017)

3113 B ...... 3113 B, 19th Edition (APHA 1995) ...... Antimony, arsenic, barium, beryllium, 40 CFR 141.23(k)(1); 40 CFR cadmium, chromium, copper, lead, 143.4(b). nickel, selenium, aluminum, iron, manganese, silver. 3114 B...... 3114 B–97, online version (APHA Arsenic, selenium ...... 40 CFR 141.23(k)(1). 1997e). 3120 B...... 3120 B–99, online version (APHA Barium, beryllium, calcium, chromium, 40 CFR 141.23(k)(1); 40 CFR 1999c). copper, magnesium, nickel, silica, 143.4(b). aluminum, iron, manganese, silver, zinc. 3500–Ca B ...... 3500–Ca B–97, online version (APHA Calcium ...... 40 CFR 141.23(k)(1). 1997f). 3500–Mg B ...... 3500–Mg B–97, online version (APHA Magnesium ...... 40 CFR 141.23(k)(1). 1997g). 4110 B...... 4110 B–00, online version (APHA Fluoride, nitrate, nitrite, ortho-phos- 40 CFR 141.23(k)(1); 40 CFR 2000b). phate, chloride, sulfate. 143.4(b). 4500–Cl D, F, G, H 4500–Cl D, F, G, H–00, online Free chlorine...... 40 CFR 141.74(a)(2); 40 CFR versions (APHA 2000c). 141.131(c)(1). 4500–Cl D, E, F, G, 4500–Cl D, E, F, G, I–00, online Total chlorine...... 40 CFR 141.74(a)(2); 40 CFR I. versions (APHA 2000c). 141.131(c)(1). 4500–Cl D, F, G ...... 4500–Cl D, F, G–00, online versions Combined chlorine ...... 40 CFR 141.131(c)(1). (APHA 2000c). 4500–Cl¥ B, D ...... 4500–Cl¥ B, D–97, online versions Chloride ...... 40 CFR 143.4(b). (APHA 1997h). 4500–ClO2 C ...... 4500–ClO2 C–00, online version Chlorine dioxide ...... 40 CFR 141.74(a)(2). (APHA 2000d). 4500–ClO2 E ...... 4500–ClO2 E–00, online version Chlorine dioxide...... 40 CFR 141.74(a)(2); 40 CFR (APHA 2000d). 141.131(c)(1). 4500–ClO2 E ...... 4500–ClO2 E–00, online version Chlorite ...... 40 CFR 141.131(b)(1). (APHA 2000d). 4500–CN¥ C, E, F, 4500–CN¥, 20th Edition (APHA 1998) Cyanide ...... 40 CFR 141.23(k)(1). G. 4500–F¥ B, C, D, E 4500–F¥ B, C, D, E–97, online Fluoride ...... 40 CFR 141.23(k)(1). versions (APHA 1997i). 4500–H+B ...... 4500–H+ B–00, online version (APHA pH ...... 40 CFR 141.23(k)(1). 2000e). ¥ ¥ 4500–NO3 D ...... 4500–NO3 D–00, online version Nitrate ...... 40 CFR 141.23(k)(1). (APHA 2000f). ¥ ¥ 4500–NO3 E, F .... 4500–NO3 E, F–00, online versions Nitrate, nitrite ...... 40 CFR 141.23(k)(1). (APHA 2000f). ¥ ¥ 4500–NO2 B ...... 4500–NO2 B–00, online version Nitrite ...... 40 CFR 141.23(k)(1). (APHA 2000g). 4500–O3 B ...... 4500–O3 B–97, online version (APHA Ozone ...... 40 CFR 141.74(a)(2). 1997j). 4500–P E, F...... 4500–P E, F, 19th Edition, (APHA Ortho-phosphate ...... 40 CFR 141.23(k)(1). 1995). 4500-SiO2 C, D, E .. 4500–SiO2 C, D, E–97, online versions Silica ...... 40 CFR 141.23(k)(1). (APHA 1997k). 2¥ 2¥ 4500–SO4 C, D, 4500–SO4 C, D, E, F, 19th Edition Sulfate ...... 40 CFR 143.4(b). E, F. (APHA 1995). 5310 B, C ...... 5310 B, C–00, online versions (APHA Dissolved and Total Organic Carbon ... 40 CFR 141.131(d). 2000h). 5540 C...... 5540 C–00, online version (APHA Foaming agents ...... 40 CFR 143.4(b). 2000i). 5910 B...... 5910 B–00, online version (APHA UV Absorption at 254 nm ...... 40 CFR 141.131(d). 2000j). 6251 B...... 6251 B–94, online version (APHA HAA5 ...... 40 CFR 141.131(b)(1). 1994). 6610 B ...... EPA Method 531.2, Rev. 1.0 (USEPA Carbofuran, oxamyl ...... 40 CFR 141.24(e)(1). 2001). 6640 B ...... EPA Method 515.4, Rev. 1.0 (USEPA 2,4-D; 2,4,5-TP; Dalapon; Dinoseb; 40 CFR 141.24(e)(1). 2000). Pentachlorophenol; Picloram. 6651 B ...... 6651 B, 20th Edition, (APHA 1998) ..... Glyphosate ...... 40 CFR 141.24(e)(1). 7110 B...... 7110 B–00, online version (APHA Gross alpha and gross beta ...... 40 CFR 141.25(a). 2000k). 7110 C...... 7110 C–00, online version (APHA Gross alpha ...... 40 CFR 141.25(a). 2000k). 7120 ...... 7120–97, online version (APHA 1997l) Gamma emitters (includes radioactive 40 CFR 141.25(a). cesium and iodine). 7500–Cs B ...... 7500–Cs B–00, online version (APHA Radioactive Cesium and Gamma 40 CFR 141.25(a). 2000l). emitters.

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51640 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

Standard methods, 23rd edition Approved method Contaminant Regulation citations (APHA 2017)

7500–3H B ...... 7500–3H B–00, online version (APHA Tritium ...... 40 CFR 141.25(a). 2000m). 7500–I B...... 7500–I B–00, online version (APHA Radioactive Iodine and Gamma 40 CFR 141.25(a). 2000n). emitters. 7500–I C, D...... 7500–I C, D–00, online versions Radioactive Iodine ...... 40 CFR 141.25(a). (APHA 2000n). 7500–Ra B, C...... 7500–Ra B, C–01, online versions Radium-226 ...... 40 CFR 141.25(a). (APHA 2001c). 7500–Ra D ...... 7500–Ra D–01, online version (APHA Radium-228 ...... 40 CFR 141.25(a). 2001c). 7500–Ra E ...... GA Method (2004) ...... Radium-226 and Radium-228 ...... 40 CFR 141.25(a). 7500–Sr B ...... 7500–Sr B–01, online version (APHA Strontium-89 and Strontium-90 ...... 40 CFR 141.25(a). 2001d). 7500–U B, C...... 7500–U B, C–00, online versions Uranium ...... 40 CFR 141.25(a). (APHA 2000o). 9221 A, C ...... 9221 A, C, 20th Edition, (APHA 1998) Total coliforms ...... 40 CFR 141.74(a)(1). 9221 B ...... 9221 B, 20th Edition, (APHA 1998) ..... Total coliforms ...... 40 CFR 141.74(a)(1); 40 CFR 141.852(a)(5) [B.1, B.2, B.3, B.4]. 9221 D ...... 9221 D, 20th Edition, (APHA 1998) ..... Total coliforms ...... 40 CFR 141.852(a)(5) [D.1, D.2, D.3]. 9221 E ...... 9221 E, 20th Edition, (APHA 1998) ..... Fecal coliforms ...... 40 CFR 141.74(a)(1). 9221 F ...... 9221 F, 20th Edition, (APHA 1998) ..... E. coli ...... 40 CFR 141.402(c)(2); 40 CFR 141.852(a)(5) [F.1]. 9222 A ...... 9222 A 20th Edition, (APHA 1998) ...... Total coliforms ...... 40 CFR 141.74(a)(1). 9222 B, C ...... 9222 B, C, 20th Edition, (APHA 1998) Total coliforms ...... 40 CFR 141.74(a)(1); 40 CFR 141.852(a)(5). 9222 D ...... 9222 D, 20th Edition, (APHA 1998) ..... Fecal coliforms ...... 40 CFR 141.74(a)(1). 9222 H ...... 9222 G, 20th Edition, (APHA 1998) .... E. coli ...... 40 CFR 141.852(a)(5). 9222 I ...... 9222 G, 20th Edition, (APHA 1998) .... E. coli ...... 40 CFR 141.402(c)(2); 40 CFR 141.852(a)(5). 9222 J...... m-ColiBlue24 Test (Hach Company Total coliforms ...... 40 CFR 141.852(a)(5). 1999). 9222 J...... m-ColiBlue24 Test (Hach Company E. coli ...... 40 CFR 141.402(c)(2); 40 CFR 1999). 141.852(a)(5). 9223 B ...... 9223 B, 20th Edition (APHA 1998) ...... Total coliforms ...... 40 CFR 141.74(a)(1); 40 CFR 141.852(a)(5). 9223 B ...... 9223 B, 20th Edition (APHA 1998) ...... E. coli ...... 40 CFR 141.402(c)(2); 40 CFR 141.852(a)(5). 9215 B ...... 9215 B, 20th Edition (APHA 1998) ...... Heterotrophic bacteria ...... 40 CFR 141.74(a)(1). 9230 C ...... 9230 C, 20th Edition (APHA 1998) ...... Enterococci ...... 40 CFR 141.402(c)(2). (Budnick 1996) ...... Enterococci ...... 40 CFR 141.402(c)(2).

Two additional methods from earlier Methods for the Examination of Water versions are available at http:// editions of Standard Methods for the and Wastewater. The distillation www.standardmethods.org. Examination of Water and Wastewater performed in Standard Method 4500- 2. ASTM International. The EPA are being approved under this action: CN¥ C is required prior to conducting ¥ compared the most recent versions of Standard Method 4500-CN C in the the analyses for all of the other five ASTM International methods to the 21st edition (APHA 2005) and Standard approved cyanide methods. As a result, earlier versions of those methods that ¥ laboratories conducting cyanide Method 4500-CN C in the 22nd edition are promulgated in 40 CFR part 141. analyses for drinking water compliance (APHA 2012). Also, the identical online Most of the changes in the updated ¥ have had to rely on the approved version, Standard Method 4500-CN versions include additional quality version in the 20th edition. That may C–99 (APHA 1999d) is being approved. control specifications. The originally approved method, result in confusion because laboratories Standard Method 4500-CN¥ C in the that also conduct cyanide analyses for Changes between the earlier approved 20th edition (APHA 1998) specified wastewaters use the more recently version and the most recent version of addition of magnesium chloride in the published Standard Methods. In order each method are described more fully in distillation. Beginning with the 1999 to address this issue, the EPA is Smith (2018b). Besides additional ¥ online method, and in the subsequent approving Standard Method 4500-CN quality control, the revisions involve 21st and 22nd editions, Standard C in the editions and online version as (primarily) editorial changes (e.g., Methods made the addition of stated above, but with the requirement updated references, definitions, magnesium chloride optional, without to add magnesium chloride in the terminology, procedural clarifications, providing supporting data to verify that distillation. The cyanide entry in and reorganization of text). The revised distillation efficiency was not adversely Appendix A to subpart C of part 141 has methods are the same as the affected when magnesium chloride was been revised to clarify this requirement. promulgated versions with respect to not used. As a result, the EPA did not The 23rd edition can be obtained from sample collection and handling approve Standard Method 4500-CN¥ C the American Public Health Association protocols, sample preparation, in the 1999 online method and (APHA), 800 I Street NW, Washington, analytical methodology, and method subsequent editions of Standard DC 20001–3710. Approved online performance data; thus, the EPA finds

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51641

that they are equally effective relative to The EPA is thus approving the use of respective regulations listed in the the promulgated methods. the following ASTM International following table: methods for the contaminants and their

ASTM revised version Approved method Contaminant Regulation citations

D 516–16 (ASTM 2016a) ...... D 516–02 (ASTM 2002a) ...... Sulfate ...... 40 CFR 143.4(b). D 859–16 (ASTM 2016b) ...... D 859–00 (ASTM 2000) ...... Silica ...... 40 CFR 141.23(k)(1). D 1067–16 B (ASTM 2016c) ...... D 1067–02 B (ASTM 2002b) ...... Alkalinity ...... 40 CFR 141.23(k)(1). D 1179–16 B (ASTM 2016d) ...... D 1179–99 B (ASTM 1999) ...... Fluoride ...... 40 CFR 141.23(k)(1). D 5673–16 (ASTM 2016e) ...... D 5673–03 (ASTM 2003) ...... Uranium ...... 40 CFR 141.25(a).

The ASTM methods are available StablCal primary calibration standard Rev. 3.0 for the determination of from ASTM International, 100 Barr occurred. The results of this study are turbidity in drinking water. Hach Harbor Drive, West Conshohocken, PA discussed further in the validation Method 8195, Rev. 3.0 can be obtained 19428–2959 or http://www.astm.org. report (Hach Company 2018b). from Hach Company, 5600 Lindbergh Hach Method 10258, Rev. 2.0 is an Drive, P.O. Box 389, Loveland, Colorado C. Methods Developed by Vendors updated version of the promulgated 80539. 1. Hach Method 10258, Rev. 2.0. Hach Method 10258, Rev. 1.0. The Determination of Turbidity by 360° updated method provides for use of IV. Statutory and Executive Order Nephelometry, March 2018 (Hach glass flame-sealed vials prefilled with Reviews Company 2018a). In July 2016, Hach StablCal as primary calibration As noted in Section II of this action, Method 10258, Rev. 1.0 (Hach Company standards, secondary calibration under the terms of the SDWA, section 2016) was approved in an expedited verification standards, and QCS checks. 1401(1), this streamlined method methods approval action (USEPA 2016) The EPA has determined that Hach approval action is not a rule. as an equally effective alternate method Method 10258, Rev. 2.0 is equally as Accordingly, the Congressional Review to the Hach FilterTrak Method 10133 effective as the promulgated Hach Act, 5 U.S.C. 801 et seq., as added by (Hach Company 2000), which is Method 10258, Rev. 1.0. The basis for the Small Business Regulatory approved at 40 CFR 141.74(a)(1), for this determination is discussed in Enforcement Fairness Act of 1996, does determination of turbidity in drinking Adams and Smith (2018). Therefore, the not apply because this action is not a water. EPA is approving Hach Method 10258, rule for purposes of 5 U.S.C. 804(3). Turbidimeter calibration and Rev. 2.0 for the determination of Similarly, this action is not subject to calibration verification have remained turbidity in drinking water. Hach the Regulatory Flexibility Act because it unchanged since promulgation of Method 10258, Rev. 2.0 can be obtained is not subject to notice and comment turbidity methods in 40 CFR from Hach Company, 5600 Lindbergh requirements under the Administrative 141.74(a)(1). Calibration and quarterly Drive, P.O. Box 389, Loveland, Colorado Procedure Act or any other statute. In calibration validation through analysis 80539. addition, because this approval action is of a Quality Control Sample (QCS) 2. Hach Method 8195, Rev. 3.0. not a rule, but simply makes alternative require preparation of a primary Determination of Turbidity by testing methods available as options for calibration standard. Sealed standards Nephelometry, March 2018 (Hach monitoring under the SDWA, the EPA are considered as secondary calibration Company 2018c). On April 20, 1998, the has concluded that other statutes and standards and used only as calibration EPA Office of Water issued a letter executive orders generally applicable to verification checks between the (USEPA 1998) addressing the use of rulemaking do not apply to this quarterly calibration validation QCS Hach Method 8195 (Hach Company approval action. evaluations. 1997) as an alternate method to EPA Public water systems utilize multiple Method 180.1 (USEPA 1993) for V. References turbidimeters and many of the units are drinking water compliance monitoring Adams and Smith. 2018. Memo to the record in line with process streams. The time of turbidity. Hach Method 8195 describing basis for expedited approval and cost associated with preparing established the same requirements for of Hach Company Methods 10258, Rev. quarterly primary calibration standards primary calibration standards, 2.0 and 8195, Rev. 3.0. July 29, 2018. can be significant. In 2016, Hach secondary calibration verification (Available at http://www.regulations.gov; Company began to manufacture glass standards, and QCS checks as described docket ID No. EPA–HQ–OW–2018– flame-sealed vials prefilled with for Hach Method 10258, Rev. 1.0 in 0558.) StablCalTM, which is an approved Section III.C.1 of this action. Hach American Public Health Association (APHA). 1994. Standard Method 6251 B–94. primary calibration standard. From Method 8195, Rev. 3.0 is an updated Disinfection By-Products: Haloacetic December 2016 through March 2018, version of the 1997 Hach Method 8195. Acids and Trichlorophenol. B. Micro Hach conducted a long-term stability The updated method provides for use of Liquid-Liquid Extraction Gas study with a set of sealed vials glass flame-sealed vials prefilled with Chromatographic Method. Approved by containing StablCal to determine StablCal as primary calibration Standard Methods Committee 1994. whether the integrity of the vials and standards, secondary calibration Standard Methods Online (Available at stability of the primary calibration verification standards, and QCS checks. http://www.standardmethods.org) standard could be maintained. After 515 The EPA has determined that Hach American Public Health Associate (APHA). days (1.4 years), the sealed StablCal Method 8195, Rev. 3.0 is equally as 1995. 19th Edition of Standard Methods for the Examination of Water and primary calibration standards exhibited effective as the 1997 Hach Method 8195 Wastewater. American Public Health a %bias of <0.1% and relative standard and EPA Method 180.1. The basis for Association, 800 I Street NW, deviation of 0.7% compared to the this determination is discussed in Washington, DC 20001–3710. initial certified turbidity values, Adams and Smith (2018). Therefore, the American Public Health Association (APHA). indicating that no degradation of the EPA is approving Hach Method 8195, 1997a. Standard Method 2150 B–97.

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51642 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

Odor. B. Threshold Odor Test. Approved Method. D. Heteropoly Blue Method. E. Approved by Standard Methods by Standard Methods Committee 1997. Automated Method for Molybdate- Committee 2000. Standard Methods Standard Methods Online (Available at Reactive Silica. Approved by Standard Online (Available at http:// http://www.standardmethods.org) Methods Committee 1997. Standard www.standardmethods.org) American Public Health Association (APHA). Methods Online (Available at http:// American Public Health Association (APHA). 1997b. Standard Method 2320 B–97. www.standardmethods.org) 2000d. Standard Methods 4500-ClO2 C, Alkalinity. B. Titration Method. American Public Health Association (APHA). E–00. Chlorine Dioxide. C. Approved by Standard Methods 1997l. Standard Method 7120 B–97. Amperometric Method I. E. Committee 1997. Standard Methods Gamma-Emitting Radionuclides. B. Amperometric Method II. Approved by Online (Available at http:// Gamma Spectroscopic Method. Standard Methods Committee 2000. www.standardmethods.org) Approved by Standard Methods Standard Methods Online (Available at American Public Health Association (APHA). Committee 1997. Standard Methods http://www.standardmethods.org) 1997c. Standard Method 2510 B–97. Online (Available at http:// American Public Health Association (APHA). Conductivity. B. Laboratory Method. www.standardmethods.org) 2000e. Standard Method 4500–H+ B–00. Approved by Standard Methods American Public Health Association (APHA). pH Value. B. Electrometric Method. Committee 1997. Standard Methods 1998. 20th Edition of Standard Methods Approved by Standard Methods Online (Available at http:// for the Examination of Water and Committee 2000. Standard Methods www.standardmethods.org) Wastewater. American Public Health Online (Available at http:// American Public Health Association (APHA). Association, 800 I Street NW, www.standardmethods.org) American Public Health Association (APHA). 1997d. Standard Method 2540 C–97. Washington, DC 20001–3710. ¥ Solids. C. Total Dissolved Solids Dried at American Public Health Association (APHA). 2000f. Standard Methods 4500–NO3 D, 180 °C. Approved by Standard Methods 1999a. Standard Methods 3111 B, D–99. E, F–00. Nitrogen (Nitrate). D. Nitrate Committee 1997. Standard Methods Metals by Flame Atomic Absorption Electrode Method. E. Cadmium Online (Available at http:// Spectrometry. B. Direct Air-Acetylene Reduction Method. F. Automated www.standardmethods.org) Flame Method. D. Direct Nitrous Oxide- Cadmium Reduction Method. Approved American Public Health Association (APHA). Acetylene Flame Method. Approved by by Standard Methods Committee 2000. 1997e. Standard Method 3114 B–97. Standard Methods Committee 1999. Standard Methods Online (Available at Arsenic and Selenium by Hydride Standard Methods Online (Available at http://www.standardmethods.org) American Public Health Association (APHA). Generation/Atomic Emission http://www.standardmethods.org) ¥ Spectrometry. B. Manual Hydride American Public Health Association (APHA). 2000g. Standard Method 4500–NO2 B– Generation/Atomic Absorption 1999b. Standard method 3112 B–99. 00. Nitrogen (Nitrite). B. Colorimetric Method. Approved by Standard Methods Spectrometric Method. Approved by Metals by Cold-Vapor Atomic Committee 2000. Standard Methods Standard Methods Committee 1997. Absorption Spectrometry. B. Cold-Vapor Online (Available at http:// Standard Methods Online (Available at Spectrometric Method. Approved by www.standardmethods.org) http://www.standardmethods.org) Standard Methods Committee 1999. American Public Health Association (APHA). American Public Health Association (APHA). Standard Methods Online (Available at 2000h. Standard Methods 5310 B, C–00. 1997f. Standard Method 3500-Ca B–97. http://www.standardmethods.org) Total Organic Carbon (TOC). B. High Calcium. B. EDTA Titrimetric Method. American Public Health Association (APHA). Temperature Combustion Method. C. Approved by Standard Methods 1999c. Standard Method 3120 B–99. Persulfate-Ultraviolet or Heated Committee 1997. Standard Methods Metals by Plasma Emission Persulfate Oxidation Method. Approved Online (Available at http:// Spectroscopy. B. Inductively Coupled by Standard Methods Committee 2000. www.standardmethods.org) Plasma (ICP) Method. Approved by Standard Methods Online (Available at American Public Health Association (APHA). Standard Methods Committee 1999. http://www.standardmethods.org) 1997g. Standard Method 3500-Mg B–97. Standard Methods Online (Available at American Public Health Association (APHA). Magnesium. B. Calculation Method. http://www.standardmethods.org) 2000i. Standard Method 5540 C–00. Approved by Standard Methods American Public Health Association (APHA). ¥ Surfactants. C. Anionic Surfactants as Committee 1997. Standard Methods 1999d. Standard Method 4500–CN C– MBAs. Approved by Standard Methods Online (Available at http:// 99. Cyanide. C. Total Cyanide after Committee 2000. Standard Methods www.standardmethods.org) Distillation. Approved by Standard Online (Available at http:// American Public Health Association (APHA). Methods Committee 1999. Standard ¥ www.standardmethods.org) 1997h. Standard Methods 4500-Cl B, Methods Online (Available at http:// American Public Health Association (APHA). D–97. Chloride. B. Argentometric www.standardmethods.org) 2000j. Standard Method 5910 B–00. UV- Method. D. Potentiometric Method. American Public Health Association (APHA). Absorbing Organic Constituents. B. Approved by Standard Methods 2000a. Standard Method 2550–00. Ultraviolet Absorption Method. Committee 1997. Standard Methods Temperature. Approved by Standard Approved by Standard Methods Online (Available at http:// Methods Committee 2000. Standard Committee 2000. Standard Methods www.standardmethods.org) Methods Online (Available at http:// Online (Available at http:// American Public Health Association (APHA). www.standardmethods.org) www.standardmethods.org) ¥ 1997i. Standard Methods 4500–F B, C, American Public Health Association (APHA). American Public Health Association (APHA). D, E–97. Fluoride. B. Preliminary 2000b. Standard Method 4110 B–00. 2000k. Standard Methods 7110 B,C–00. Distillation Step. C. Ion-Selective Determination of Anions by Ion Gross Alpha and Gross Beta Electrode Method. D. SPADNS Method. Chromatography. B. Ion Chromatography Radioactivity (Total, Suspended, and E. Complexone Method. Approved by with Chemical Suppression of Eluent Dissolved). B. Evaporation Method for Standard Methods Committee 1997. Conductivity. Approved by Standard Gross Alpha-Beta. C. Coprecipitation Standard Methods Online (Available at Methods Committee 2000. Standard Method for Alpha Radioactivity in http://www.standardmethods.org) Methods Online (Available at http:// Drinking Water. Approved by Standard American Public Health Association (APHA). www.standardmethods.org) Methods Committee 2000. Standard 1997j. Standard Method 4500–O3 B–97. American Public Health Association (APHA). Methods Online (Available at http:// Ozone (Residual). B. Indigo Colorimetric 2000c. Standard Methods 4500-Cl D, E, www.standardmethods.org) Method. Approved by Standard Methods F, G, H, I–00. Chlorine (Residual). D. American Public Health Association (APHA). Committee 1997. Standard Methods Amperometric Titration Method. E. Low- 2000l. Standard Method 7500-Cs B-00. Online (Available at http:// Level Amperometric Titration Method. Radioactive Cesium. B. Precipitation www.standardmethods.org) F. DPD Ferrous Titrimetric Method. G. Method. Approved by Standard Methods American Public Health Association (APHA). DPD Colorimetric Method. H. Committee 2000. Standard Methods 1997k. Standard Methods 4500-SiO2 C, Syringaldehyde (FACTS) Method. I. Online (Available at http:// D, E–97. Silica. C. Molybdosilicate Iodometric Electrode Technique. www.standardmethods.org)

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51643

American Public Health Association (APHA). ASTM International. 1999. ASTM D 1179–99 Environmental Microbiology, October 2000m. Standard Method 7500-3H B-00. B. Standard Test Methods for Fluoride 1996, p. 3881–3884. Tritium. Liquid Scintillation Ion in Water. B. Ion-Selective Electrode. GA. 2004. Method for the Determination of Spectrometric Method. Approved by ASTM International, 100 Barr Harbor Radium-228 and Radium-226 in Standard Methods Committee 2000. Drive, West Conshohocken, PA 19428– Drinking Water by Gamma-ray Standard Methods Online (Available at 2959. (Available at http://www.astm.org.) Spectrometry using HPGE or Ge(Li) http://www.standardmethods.org) ASTM International. 2000. ASTM D 859–00. Detectors. December 2004. Revision 1.2. American Public Health Association (APHA). Standard Test Method for Silica in Environmental Resource Center, Georgia 2000n. Standard Methods 7500-I B, C, D- Water. ASTM International, 100 Barr Institute for Technology, 620 Cherry 00. Radioactive Iodine. B. Precipitation Harbor Drive, West Conshohocken, PA Street, Atlanta, Georgia 30332–0335. Method. C. Ion-Exchange Method. D. 19428–2959. (Available at http:// (Available at http://www.regulations.gov; Distillation Method. Approved by www.astm.org.) docket ID No. EPA–HQ–OW–2018– Standard Methods Committee 2000. ASTM International. 2002a. ASTM D 516–02. 0558.) Standard Methods Online (Available at Standard Test Method for Sulfate in Hach Company. 1997. Hach Method 8195— http://www.standardmethods.org) Water. ASTM International, 100 Barr Determination of Turbidity by American Public Health Association (APHA). Harbor Drive, West Conshohocken, PA Nephelometry. December 1997. Revision 2000o. Standard Methods 7500-U B, C- 19428–2959. (Available at http:// 1.0. Hach Company, 5600 Lindbergh 00. Uranium. B. Radiochemical Method. www.astm.org.) Drive, P.O. Box 389, Loveland, CO C. Isotopic Method. Approved by ASTM International. 2002b. ASTM D 1067– 80539. (Available at http:// Standard Methods Committee 2000. 02 B. Standard Test Methods for Acidity www.regulations.gov; docket ID No. Standard Methods Online (Available at or Alkalinity in Water. B. Electrometric EPA–HQ–OW–2018–0558.) http://www.standardmethods.org) or Color-Change Titration. ASTM Hach Company. 1999. Total Coliforms and E. American Public Health Association (APHA). International, 100 Barr Harbor Drive, coli Membrane Filtration Method m- 2001a. Standard Method 2120 B-01. West Conshohocken, PA 19428–2959. ColiBlue24® Broth. August 1999. Color. B. Visual Comparison Method. (Available at http://www.astm.org.) Revision 2. Hach Company, 5600 Approved by Standard Methods ASTM International. 2003. ASTM D 5673–03. Lindbergh Drive, P.O. Box 389, Committee 2001. Standard Methods Standard Test Method for Elements in Loveland, CO 80539. (Available at http:// Online (Available at http:// Water by Inductively Coupled Plasma- www.regulations.gov; docket ID No. www.standardmethods.org) Mass Spectrometry. ASTM International, EPA–HQ–OW–2018–0558.) American Public Health Association (APHA). 100 Barr Harbor Drive, West Hach Company. 2000. Hach FilterTrak 2001b. Standard Method 2130 B-01. Conshohocken, PA 19428–2959. Method 10133—Determination of Turbidity. B. Nephelometric Method. (Available at http://www.astm.org.) Turbidity by Laser Nephelometry. Approved by Standard Methods ASTM International. 2016a. ASTM D 516–16. January 2000. Revision 2.0. Hach Committee 2001. Standard Methods Standard Test Method for Sulfate in Company, 5600 Lindbergh Drive, P.O. Online (Available at http:// Water. ASTM International, 100 Barr Box 389, Loveland, CO 80539. (Available www.standardmethods.org) Harbor Drive, West Conshohocken, PA American Public Health Association (APHA). at http://www.regulations.gov; docket ID 19428–2959. (Available at http:// 2001c. Standard Methods 7500-Ra B, C, No. EPA–HQ–OW–2018–0558.) www.astm.org.) Hach Company. 2016. Hach Method 10258— D, E-01. Radium. B. Precipitation ° Method. C. Emanation Method. D. ASTM International. 2016b. ASTM D 859–16. Determination of Turbidity by 360 Sequential Precipitation. E. Gamma Standard Test Method for Silica in Nephelometry. January 2016. Revision Spectroscopy Method. Approved by Water. ASTM International, 100 Barr 1.0. Hach Company, 5600 Lindbergh Standard Methods Committee 2001. Harbor Drive, West Conshohocken, PA Drive, P.O. Box 389, Loveland, CO Standard Methods Online (Available at 19428–2959. (Available at http:// 80539. (Available at http:// http://www.standardmethods.org) www.astm.org.) www.regulations.gov; docket ID No. American Public Health Association (APHA). ASTM International. 2016c. ASTM D 1067– EPA–HQ–OW–2018–0558.) 2001d. Standard Method 7500-Sr B-01. 16 B. Standard Test Methods for Acidity Hach Company. 2018a. Hach Method Total Radioactive Strontium and or Alkalinity in Water. B. Electrometric 10258—Determination of Turbidity by ° Strontium-90. B. Precipitation Method. or Color-Change Titration. ASTM 360 Nephelometry. March 2018. Approved by Standard Methods International, 100 Barr Harbor Drive, Revision 2.0. Hach Company, 5600 Committee 2000. Standard Methods West Conshohocken, PA 19428–2959. Lindbergh Drive, P.O. Box 389, Online (Available at http:// (Available at http://www.astm.org.) Loveland, CO 80539. (Available at http:// www.standardmethods.org) ASTM International. 2016d. ASTM D 1179– www.regulations.gov; docket ID No. American Public Health Association (APHA). 16 B. Standard Test Methods for EPA–HQ–OW–2018–0558.) 2005. 21st Edition of Standard Methods Fluoride in Water. B. Ion-Selective Hach Company. 2018b. Alternate Test for the Examination of Water and Electrode. ASTM International, 100 Barr Procedure Validation Study Report for Wastewater. American Public Health Harbor Drive, West Conshohocken, PA the use of Sealed Vials Containing Association, 800 I Street NW, 19428–2959. (Available at http:// StablCalTM Primary Standard in Hach Washington, DC 20001–3710. www.astm.org.) Methods 10258 and 8195 for American Public Health Association (APHA). ASTM International. 2016e. ASTM D 5673– Determination of Turbidity in Drinking 2012. 22nd Edition of Standard Methods 16. Standard Test Method for Elements Water. March 16, 2018. Hach Company, for the Examination of Water and in Water by Inductively Coupled Plasma- 5600 Lindbergh Drive, P.O. Box 389, Wastewater. American Public Health Mass Spectrometry. ASTM International, Loveland, CO 80539. (Available at http:// Association, 800 I Street NW, 100 Barr Harbor Drive, West www.regulations.gov; docket ID No. Washington DC 20001–3710. Conshohocken, PA 19428–2959. EPA–HQ–OW–2018–0558.) American Public Health Association (APHA). (Available at http://www.astm.org.) Hach Company. 2018c. Hach Method 8195— 2017. 23rd Edition of Standard Methods Best, J. 2018. Memo to the record describing Determination of Turbidity by for the Examination of Water and the basis for expedited approval of Nephelometry. March 2018. Revision Wastewater. American Public Health microbiology methods in the 23rd 3.0. Hach Company, 5600 Lindbergh Association, 800 I Street NW, edition of Standard Methods for the Drive, P.O. Box 389, Loveland, CO Washington, DC 20001–3710. Examination of Water and Wastewater. 80539. (Available at http:// American Public Health Association (APHA). August 28, 2018. (Available at http:// www.regulations.gov; docket ID No. 2018. Errata Sheet for the 23rd Edition of www.regulations.gov; docket ID No. EPA–HQ–OW–2018–0558.) Standard Methods for the Examination EPA–HQ–OW–2018–0558.) Smith, G. 2018a. Memo to the record of Water and Wastewater. American Budnick. 1996. Evaluation of Enterolert for describing basis for expedited approval Public Health Association, 800 I Street Enumeration of Enterococci in of EPA Method 900.0, Revision 1.0. April NW, Washington, DC 20001–3710. Recreational Waters, Applied and 4, 2018. (Available at http://

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51644 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

www.regulations.gov; docket ID No. Aqueous Injection HPLC with ■ b. Revise the table entitled EPA–HQ–OW–2018–0558.) Postcolumn Derivatization. EPA 815–B– ‘‘ALTERNATIVE TESTING METHODS Smith, G. 2018b. Memo to the record 01–002. September 2001. (Available at FOR CONTAMINANTS LISTED AT 40 describing basis for expedited approval http://www.regulations.gov; docket ID CFR 141.24(e)(1).’’ of updated methods from ASTM No. EPA–HQ–OW–2018–0558 and at ■ International. April 6, 2018. (Available at https://www.nemi.gov .) c. Revise the table entitled http://www.regulations.gov; docket ID USEPA. 2016. Expedited Approval of ‘‘ALTERNATIVE TESTING METHODS No. EPA–HQ–OW–2018–0558.) Alternate Test Procedures for the FOR CONTAMINANTS LISTED AT 40 Smith, G. and Wendelken, S. 2018. Memo to Analysis of Contaminants under the Safe CFR 141.25(a).’’ the record describing basis for expedited Drinking Water Act; Analysis and ■ d. Revise the table entitled approval of methods in the 23rd edition Sampling Procedures. 81 FR 46839. July ‘‘ALTERNATIVE TESTING METHODS of Standard Methods for the 19, 2016. (Available at http:// FOR CONTAMINANTS LISTED AT 40 Examination of Water and Wastewater. www.regulations.gov; docket ID No. March 29, 2018. (Available at http:// CFR 141.74(a)(1).’’ EPA–HQ–OW–2018–0558.) ■ www.regulations.gov; docket ID No. USEPA. 2018 EPA Method 900.0, Rev. 1.0. e. Revise the table entitled EPA–HQ–OW–2019–0558.) Gross Alpha and Gross Beta ‘‘ALTERNATIVE TESTING METHODS USEPA. 1980. EPA Method 900.0. Gross Radioactivity in Drinking Water. EPA FOR DISINFECTANT RESIDUALS Alpha and Gross Beta Radioactivity in 815–B–18–002. February 2018. LISTED AT 40 CFR 141.74(a)(2).’’ Drinking Water in ‘‘Prescribed (Available at Available at http:// ■ f. Revise the table entitled Procedures for Measurement of www.regulations.gov; docket ID No. ‘‘ALTERNATIVE TESTING METHODS Radioactivity in Drinking Water,’’ EPA– EPA–HQ–OW–2018–0558 and at the FOR CONTAMINANTS LISTED AT 40 600/4–80–032, August 1980. (Available National Service Center for CFR 141.131(b)(1).’’ at https://www.nemi.gov; docket ID No. Environmental Publications (EPA ■ g. Revise the table entitled EPA–HQ–OW–2018–0558.) Method 900.0 Rev 1.0). USEPA. 1993. EPA Method 180.1, Revision ‘‘ALTERNATIVE TESTING METHODS 2.0. Determination of Turbidity by List of Subjects in 40 CFR Part 141 FOR DISINFECTANT RESIDUALS Nephelometry in ‘‘Methods for the Environmental protection, Chemicals, LISTED AT 40 CFR 141.131(c)(1).’’ ■ Determination of Inorganic Substances in Indians-lands, Intergovernmental h. Revise the table entitled Environmental Samples,’’ EPA/600/R– ‘‘ALTERNATIVE TESTING METHODS 93/100, August 1993. (Available at relations, Reporting and recordkeeping requirements, Water supply. FOR PARAMETERS LISTED AT 40 CFR https://www.nemi.gov; docket ID No. 141.131(d).’’ EPA–HQ–OW–2018–0558.) Dated: September 28, 2018. ■ i. Revise the table entitled USEPA. 1998. Letter issued to Hach Peter Grevatt, Company, Regional Administrators, ‘‘ALTERNATIVE TESTING METHODS Regional Quality Assurance Managers Director, Office of Ground Water and Drinking FOR CONTAMINANTS LISTED AT 40 and Regional Water Management Water. CFR 141.402(c)(2).’’ Division Directors allowing the use of For the reasons stated in the ■ j. Revise the table entitled Hach Company Method 8195, Rev. 1.0 preamble, the Environmental Protection ‘‘ALTERNATIVE TESTING METHODS for drinking water compliance turbidity Agency amends 40 CFR part 141 as FOR CONTAMINANTS LISTED AT 40 measurements. April 20, 1998. follows: CFR 141.852(a)(5).’’ (Available at http://www.regulations.gov; ■ k. Revise the table entitled docket ID No. EPA–HQ–OW–2019– PART 141—NATIONAL PRIMARY ‘‘ALTERNATIVE TESTING METHODS 0558.) DRINKING WATER REGULATIONS USEPA. 2000. EPA Method 515.4, Revision FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b).’’ 1.0. Determination of Chlorinated Acids ■ 1. The authority citation for part 141 ■ l. Revise footnotes 9, 14, 16, 18, 22– in Drinking Water by Liquid-Liquid continues to read as follows: Microextraction, Derivatization and Fast 23, 25–26, 29, 31, 34–39, and 48. Gas Chromatography with Electron Authority: 42 U.S.C. 300f, 300g–1, 300g–2, ■ m. Add footnotes 49–52. Capture Detection. EPA/815/B–00/001. 300g–3, 300g–4, 300g–5, 300g–6, 300j–4, The revisions and additions read as April 2000. (Available at http:// 300j–9, and 300j–11. follows: www.regulations.gov; docket ID No. ■ 2. Amend Appendix A to subpart C of EPA–HQ–OW–2018–0558 and at https:// Appendix A to Subpart C of Part 141— www.nemi.gov.) part 141 as follows: ■ Alternative Testing Methods Approved USEPA. 2001. EPA Method 531.2, Revision a. Revise the table entitled ‘‘ALTERNATIVE TESTING METHODS for Analyses Under the Safe Drinking 1.0. Measurement of N- Water Act methylcarbamoyloximes and N- FOR CONTAMINANTS LISTED AT 40 methylcarbamates in Water by Direct CFR 141.23(k)(1).’’ * * * * * ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)

SM 21st SM 22nd SM 23rd Contaminant Methodology EPA method SM Online 3 ASTM 4 Other edition 1 edition 28 edition 49

Alkalinity ...... Titrimetric ...... 2320 B ...... 2320 B ...... 2320 B ...... D1067–06 B, 11 B, 16 B Antimony ...... Hydride—Atomic Absorption ...... D 3697–07, –12 Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10 Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Arsenic ...... Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, D 2972–08 C, –15 B–10. C Hydride Atomic Absorption ...... 3114 B ...... 3114 B ...... 3114 B ...... 3114 B–09 ... D 2972–08 B, –15 B. Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Barium ...... Inductively Coupled Plasma ...... 3120 B ...... 3120 B ...... 3120 B Atomic Absorption; Direct ...... 3111 D ...... 3111 D ...... 3111 D

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51645

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)—Continued

SM 21st SM 22nd SM 23rd Contaminant Methodology EPA method SM Online 3 ASTM 4 Other edition 1 edition 28 edition 49

Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10 Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Beryllium ...... Inductively Coupled Plasma ...... 3120 B ...... 3120 B ...... 3120 B Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, D 3645–08 B, –15 B–10. B Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Cadmium ...... Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10 Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Calcium ...... EDTA titrimetric ...... 3500–Ca B .. 3500–Ca B .. 3500–Ca B ...... D 511–09, –14 A Atomic Absorption; Direct Aspiration ...... 3111 B ...... 3111 B ...... 3111 B ...... D 511–09, –14 B Inductively Coupled Plasma ...... 3120 B ...... 3120 B ...... 3120 B Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Ion Chromatography ...... D 6919–09 Chromium ...... Inductively Coupled Plasma ...... 3120 B ...... 3120 B ...... 3120 B Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10 Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Copper ...... Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, D 1688–07, –12 C B–10. Atomic Absorption; Direct Aspiration ...... 3111 B ...... 3111 B ...... 3111 B ...... D 1688–07, –12 A Inductively Coupled Plasma ...... 3120 B ...... 3120 B ...... 3120 B Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Colorimetry ...... Hach Method 8026; 35 Hach Method 10272.36 Conductivity ...... Conductance ...... 2510 B ...... 2510 B ...... 2510 B ...... D 1125–14 A ¥ ¥ ¥ ¥ Cyanide ...... Manual Distillation with MgCl2 followed ...... 4500–CN C 4500–CN C 4500–CN C 4500–CN D 2036–06 A by:. C–99. Spectrophotometric, Amenable ...... 4500–CN¥ 4500–CN¥ 4500–CN¥ ...... D 2036–06 B G. G. G. Spectrophotometric Manual ...... 4500–CN¥ E 4500–CN¥ E 4500–CN¥ E ...... D2036–06 A Selective Electrode ...... 4500–CN¥ F 4500–CN¥ F 4500–CN¥ F Gas Chromatography/Mass Spectrom- ...... ME355.01.7 etry Headspace. Fluoride ...... Ion Chromatography ...... 4110 B ...... 4110 B ...... 4110 B ...... D 4327–11 Manual Distillation; Colorimetric ...... 4500–F¥ B, 4500–F¥ B, 4500–F¥ B, SPADNS. D. D. D Manual Electrode ...... 4500–F¥ C 4500–F¥ C 4500–F¥ C ...... D 1179–04, 10 B, 16 B Automated Alizarin ...... 4500–F¥ E .. 4500–F¥ E .. 4500–F¥ E Arsenite-Free Colorimetric SPADNS ...... Hach SPADNS 2 Method 10225.22 Lead ...... Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, D 3559–08 D, 15 D B–10. Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Magnesium ...... Atomic Absorption ...... 3111 B ...... 3111 B ...... 3111 B ...... D 511–09, –14 B Inductively Coupled Plasma ...... 3120 B ...... 3120 B ...... 3120 B Complexation Titrimetric Methods ...... 3500–Mg B .. 3500–Mg B .. 3500–Mg B ...... D 511–09, –14 A Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Ion Chromatography ...... D 6919–09 Mercury ...... Manual, Cold Vapor ...... 3112 B ...... 3112 B ...... 3112 B ...... 3112 B–09 ... D 3223–12 Nickel ...... Inductively Coupled Plasma ...... 3120 B ...... 3120 B ...... 3120 B Atomic Absorption; Direct ...... 3111 B ...... 3111 B ...... 3111 B Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10 Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Nitrate ...... Ion Chromatography ...... 4110 B ...... 4110 B ...... 4110 B ...... D 4327–11 ¥ ¥ ¥ Automated Cadmium Reduction ...... 4500–NO3 4500–NO3 4500–NO3 F. F. F ¥ ¥ ¥ Manual Cadmium Reduction ...... 4500–NO3 4500–NO3 4500–NO3 E. E. E ¥ ¥ ¥ Ion Selective Electrode ...... 4500–NO3 4500–NO3 4500–NO3 D. D. D Reduction/Colorimetric ...... Systea Easy (1-Reagent); 8 NECi Nitrate-Reduc- tase.40 Colorimetric; Direct ...... Hach TNTplusTM 835/836 Method 10206.23 Capillary Ion Electrophoresis ...... D 6508–15 Nitrite ...... Ion Chromatography ...... 4110 B ...... 4110 B ...... 4110 B ...... D 4327–11

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51646 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.23(k)(1)—Continued

SM 21st SM 22nd SM 23rd Contaminant Methodology EPA method SM Online 3 ASTM 4 Other edition 1 edition 28 edition 49

¥ ¥ ¥ Automated Cadmium Reduction ...... 4500–NO3 4500–NO3 4500–NO3 F. F. F ¥ ¥ ¥ Manual Cadmium Reduction ...... 4500–NO3 4500–NO3 4500–NO3 E. E. E ¥ ¥ ¥ Spectrophotometric ...... 4500–NO2 4500–NO2 4500–NO2 B. B. B Reduction/Colorimetric ...... Systea Easy (1-Re- agent); 8 NECi Nitrate-Reduc- tase.40 Capillary Ion Electrophoresis ...... D 6508–15 Ortho-phosphate ..... Ion Chromatography ...... 4110 B ...... 4110 B ...... 4110 B ...... D 4327–11 Colorimetric, ascorbic acid, single rea- ...... 4500–P E .... 4500–P E .... 4500–P E .... 4500–P E– gent. 99 Colorimetric, Automated, Ascorbic Acid ...... 4500–P F .... 4500–P F .... 4500–P F .... 4500–P F–99 ...... Thermo Fisher Dis- crete Analyzer.41 Capillary Ion Electrophoresis ...... D 6508–15 pH ...... Electrometric ...... 150.3 48 ...... 4500–H+ B .. 4500–H+ B .. 4500–H+ B ...... D 1293–12 Selenium ...... Hydride-Atomic Absorption ...... 3114 B ...... 3114 B ...... 3114 B ...... 3114 B–09 ... D 3859–08 A, –15 A Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B ...... 3113 B–04, D 3859–08 B, –15 B–10. B Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Silica ...... Colorimetric ...... D859–05, 10, 16 Molybdosilicate ...... 4500–SiO2 C 4500–SiO2 C 4500–SiO2 C Heteropoly blue ...... 4500–SiO2 D 4500–SiO2 D 4500–SiO2 D Automated for Molybdate-reactive Sili- ...... 4500–SiO2 E 4500–SiO2 E 4500–SiO2 E ca. Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Inductively Coupled Plasma ...... 3120 B ...... 3120 B ...... 3120 B Sodium ...... Atomic Absorption; Direct Aspiration ...... 3111 B ...... 3111 B ...... 3111 B Axially viewed inductively coupled plas- 200.5, Revision ma-atomic emission spectrometry 4.2 2 (AVICP–AES). Ion Chromatography ...... D 6919–09 Temperature ...... Thermometric ...... 2550 ...... 2550 ...... 2550 ...... 2550–10

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.24(e)(1)

SM 22nd SM 21st edition,28 Contaminant Methodology EPA method SM online 3 edition 1 SM 23rd edition 49

Benzene ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Carbon tetrachloride .. Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Chlorobenzene ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 1,2-Dichlorobenzene Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 1,4-Dichlorobenzene Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 1,2-Dichloroethane .... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 cis-Dichloroethylene .. Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 trans-Dichloroethylene Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Dichloromethane ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 1,2-Dichloropropane .. Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Ethylbenzene ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Styrene ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,;9 524.4.29 Tetrachloroethylene ... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 1,1,1-Trichloroethane Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Trichloroethylene ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Toluene ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 1,2,4- Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Trichlorobenzene. 1,1-Dichloroethylene .. Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 1,1,2-Trichlorethane .. Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Vinyl chloride ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 Xylenes (total) ...... Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3,9 524.4.29 2,4-D ...... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ..... 6640 B ..... 6640 B–01, B–06. 2,4,5-TP (Silvex) ...... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ..... 6640 B ..... 6640 B–01, B–06. Alachlor ...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Atrazine ...... Liquid Chromatography Electrospray Ionization Tandem Mass 536.25 Spectrometry (LC/ESI–MS/MS). Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3,24 ...... 523.26 (GC/MS). Benzo(a)pyrene ...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Carbofuran ...... High-performance liquid chromatography (HPLC) with post-column ...... 6610 B ..... 6610 B ..... 6610 B–04. derivatization and fluorescence detection. Chlordane ...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Dalapon ...... Ion Chromatography Electrospray Ionization Tandem Mass Spec- 557.14 trometry (IC–ESI–MS/MS).

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51647

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.24(e)(1)—Continued

SM 22nd SM 21st edition,28 Contaminant Methodology EPA method SM online 3 edition 1 SM 23rd edition 49

Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ..... 6640 B ..... 6640 B–01, B–06. Di(2- Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 ethylhexyl)adipate. (GC/MS). Di(2- Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 ethylhexyl)phthalate. (GC/MS). Dibromochloro- Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3.9 propane (DBCP). Dinoseb ...... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ..... 6640 B ..... 6640 B–01, B–06. Endrin ...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Ethyl dibromide (EDB) Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3.9 Glyphosate ...... High-Performance Liquid Chromatography (HPLC) with Post-Col- ...... 6651 B ..... 6651 B ..... 6651 B–00, B–05. umn Derivatization and Fluorescence Detection. Heptachlor ...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Heptachlor Epoxide ... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Hexachlorobenzene ... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Hexachlorocyclo- Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 pentadiene. (GC/MS). Lindane ...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Methoxychlor ...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Oxamyl ...... High-performance liquid chromatography (HPLC) with post-column ...... 6610 B ..... 6610 B ..... 6610 B–04. derivatization and fluorescence detection. PCBs (as Aroclors) .... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Pentachlorophenol ..... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ..... 6640 B ..... 6640 B–01, B–06...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS) Picloram ...... Gas Chromatography/Electron Capture Detection (GC/ECD) ...... 6640 B ..... 6640 B ..... 6640 B–01, B–06. Simazine ...... Liquid Chromatography Electrospray Ionization Tandem Mass 536.25 Spectrometry (LC/ESI–MS/MS)...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 523.26 (GC/MS). Toxaphene ...... Solid Phase Extraction/Gas Chromatography/Mass Spectrometry 525.3.24 (GC/MS). Total Trihalomethanes Purge &Trap/Gas Chromatography/Mass Spectrometry ...... 524.3.9 ...... 524.4.29

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.25(a)

SM 22nd EPA SM 21st edition,28 Contaminant Methodology ASTM 4 SM Online 3 method edition 1 SM 23rd edition 49

Naturally Occurring: Gross alpha and beta Evaporation ...... 900.0, Rev. 1.0 50 ... 7110 B ...... 7110 B. Liquid Scintillation ...... D 7283–17 ...... 7110 D–17. Gross alpha ...... Coprecipitation ...... 7110 C ...... 7110 C. Radium 226 ...... Radon emanation ...... 7500–Ra C .... 7500–Ra C .... D 3454–05. Radiochemical ...... 7500–Ra B .... 7500–Ra B .... D 2460–07. Gamma Spectrometry ...... 7500–Ra E ...... 7500–Ra E–07. Radium 228 ...... Radiochemical ...... 7500–Ra D .... 7500–Ra D. Gamma Spectrometry ...... 7500Ra–E ...... 7500–Ra E–07. Uranium ...... Radiochemical ...... 7500–U B ...... 7500–U B. ICP–MS ...... 3125 ...... D 5673–05, 10, 16. Alpha spectrometry ...... 7500–U C ...... 7500–U C ...... D 3972–09. Laser Phosphorimetry ...... D 5174–07. Alpha Liquid Scintillation ...... D 6239–09. Spectrometry. Man-Made: Radioactive Cesium ... Radiochemical ...... 7500–Cs B .... 7500–Cs B. Gamma Ray Spectrometry ...... 7120 ...... 7120 ...... D 3649–06. Radioactive Iodine ..... Radiochemical ...... 7500–I B ...... 7500–I B ...... D 3649–06. 7500–I C ...... 7500–I C. 7500–I D ...... 7500–I D. Gamma Ray Spectrometry ...... 7120 ...... 7120 ...... D 4785–08. Radioactive Strontium Radiochemical ...... 7500–Sr B ..... 7500–Sr B. 89, 90. Tritium ...... Liquid Scintillation ...... 7500–3H B .... 7500–3H B .... D 4107–08. Gamma Emitters ...... Gamma Ray ...... 7120 ...... 7120 ...... D 3649–06. Spectrometry ...... 7500–Cs B .... 7500–Cs B .... D 4785–08. 7500–I B ...... 7500–I B.

VerDate Sep<11>2014 18:39 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51648 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.74(a)(1)

SM 21st SM 22nd SM 23rd Organism Methodology SM Online 3 Other edition 1 edition 28 edition 49

Total Coliform ...... Total Coliform Fer- 9221 A, B, C 9221 A, B, C 9221 A, B, C 9221 A,B,C– mentation Tech- 06. nique. Total Coliform Mem- 9222 A, B, C ...... 9222 A, B, C. brane Filter Tech- nique. ONPG–MUG Test ...... 9223 ...... 9223 B ...... 9223 B ...... 9223 B–04. Fecal Coliforms ...... Fecal Coliform Proce- 9221 E ...... 9221 E ...... 9221 E ...... 9221 E–06. dure. Fecal Coliform Filter 9222 D ...... 9222 D ...... 9222 D ...... 9222 D–06. Procedure. Heterotrophic bacteria Pour Plate Method ..... 9215 B ...... 9215 B ...... 9215 B ...... 9215 B–04. Turbidity ...... Nephelometric Method 2130 B ...... 2130 B ...... 2130 B ...... Hach Method 8195, Rev. 3.0.52 Laser Nephelometry ...... Mitchell M5271,10 Mitchell M5331, Rev. 1.2,42 (on-line). Lovibond PTV 6000.46 LED Nephelometry ...... Mitchell M5331,11 (on-line). Mitchell M5331, Rev. 1.2,42 Lovibond PTV 2000.45 LED Nephelometry ...... AMI Turbiwell,15 Lovibond PTV 1000.44 (on-line). LED Nephelometry ...... Orion AQ4500.12 (portable). 360° Nephelometry ...... Hach Method 10258 Rev. 1.0,39 Hach Meth- od 10258, Rev. 2.0.51

ALTERNATIVE TESTING METHODS FOR DISINFECTANT RESIDUALS LISTED AT 40 CFR 141.74(a)(2)

SM 22nd edi- SM 21st tion,28 SM Residual Methodology ASTM 4 Other edition 1 23rd edition 49

Free Chlorine ...... Amperometric Titration ...... 4500–Cl D ..... 4500–Cl D ..... D 1253–08, –14. DPD Ferrous Titrimetric ...... 4500–Cl F ..... 4500–Cl F ...... DPD Colorimetric ...... 4500–Cl G ..... 4500–Cl G ...... Hach Method 10260.31 Indophenol Colorimetric ...... Hach Method 10241.34 Syringaldazine (FACTS) ...... 4500–Cl H ..... 4500–Cl H ...... On-line Chlorine Analyzer ...... EPA 334.0.16 Amperometric Sensor ...... ChloroSense.17 Total Chlorine ...... Amperometric Titration ...... 4500–Cl D ..... 4500–Cl D ..... D 1253–08, –14. Amperometric Titration (Low level 4500–Cl E ..... 4500–Cl E. measurement). DPD Ferrous Titrimetric ...... 4500–Cl F ..... 4500–Cl F. DPD Colorimetric ...... 4500–Cl G ..... 4500–Cl G ...... Hach Method 10260.31 Iodometric Electrode ...... 4500–Cl I ...... 4500–Cl I. On-line Chlorine Analyzer ...... EPA 334.0.16 Amperometric Sensor ...... ChloroSense.17 Chlorine Dioxide ...... Amperometric Titration ...... 4500–ClO2 C 4500–ClO2 C. Amperometric Titration ...... 4500–ClO2 E. 4500–ClO2 E. Amperometric Sensor ...... ChlordioX Plus.32 Ozone ...... Indigo Method ...... 4500–O3 B .... 4500–O3 B.

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.131(b)(1)

SM 22nd edi- Contami- SM 21st edi- tion,28 Methodology EPA method ASTM 4 SM online 3 Other nant tion 1 SM 23rd edi- tion 49

TTHM ...... P&T/GC/MS ...... 524.3,9 524.4.29 HAA5 ...... LLE (diazomethane)/GC/ECD ...... 6251 B–07 ..... 6251 B ...... 6251 B. Ion Chromatography Electrospray Ion- 557.14 ization Tandem Mass Spectrometry (IC–ESI–MS/MS). Two-Dimensional Ion Chromatography ...... Thermo Fisher 557.1.47 (IC) with Suppressed Conductivity Detection. Bromate .. Two-Dimensional Ion Chromatography 302.0.18 (IC). Ion Chromatography Electrospray Ion- 557.14 ization Tandem Mass Spectrometry (IC–ESI–MS/MS). Chemically Suppressed Ion Chroma- ...... D 6581–08 A. tography. Electrolytically Suppressed Ion Chro- ...... D 6581–08 B. matography.

VerDate Sep<11>2014 19:24 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51649

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.131(b)(1)—Continued

SM 22nd edi- Contami- SM 21st edi- tion,28 Methodology EPA method ASTM 4 SM online 3 Other nant tion 1 SM 23rd edi- tion 49

Chlorite .... Chemically Suppressed Ion Chroma- ...... D 6581–08 A. tography. Electrolytically Suppressed Ion Chro- ...... D 6581–08 B. matography. Chlorite— daily monitoring as prescribed in 40 Amperometric ...... 4500–ClO2 E 4500–ClO2 E. CFR 141.132(b)(2)(i)(A). Titration. Amperometric Sensor ...... ChlordioX Plus.32

ALTERNATIVE TESTING METHODS FOR DISINFECTANT RESIDUALS LISTED AT 40 CFR 141.131(c)(1)

SM 22nd SM 21st edition,28 Residual Methodology ASTM 4 Other edition 1 SM 23rd edition 49

Free Chlorine ...... Amperometric Titration ...... 4500–Cl D ...... 4500–Cl D ...... D 1253–08, –14. DPD Ferrous Titrimetric ...... 4500–Cl F ...... 4500–Cl F ...... DPD Colorimetric ...... 4500–Cl G ...... 4500–Cl G ...... Hach Method 10260.31 Indophenol Colorimetric ...... Hach Method 10241.34 Syringaldazine (FACTS) ...... 4500–Cl H ...... 4500–Cl H. Amperometric Sensor ...... ChloroSense.17 On-line Chlorine Analyzer ...... EPA 334.0.16 Combined Chlorine ...... Amperometric Titration ...... 4500–Cl D ...... 4500–Cl D ...... D 1253–08, –14. DPD Ferrous Titrimetric ...... 4500–Cl F ...... 4500–Cl F ...... DPD Colorimetric ...... 4500–Cl G ...... 4500–Cl G ...... Hach Method 10260.31 Total Chlorine ...... Amperometric Titration ...... 4500–Cl D ...... 4500–Cl D ...... D 1253–08, –14. Low level Amperometric Titra- 4500–Cl E ...... 4500–Cl E. tion. DPD Ferrous Titrimetric ...... 4500–Cl F ...... 4500–Cl F. DPD Colorimetric ...... 4500–Cl G ...... 4500–Cl G ...... Hach Method 10260.31 Iodometric Electrode ...... 4500–Cl I ...... 4500–Cl I. Amperometric Sensor ...... ChloroSense.17 On-line Chlorine Analyzer ...... EPA 334.0.16 Chlorine Dioxide ...... Amperometric Method II ...... 4500–ClO2 E ...... 4500–ClO2 E. Amperometric Sensor ...... ChlordioX Plus.32

* * * * * ALTERNATIVE TESTING METHODS FOR PARAMETERS LISTED AT 40 CFR 141.131(d)

SM 21st SM 22nd SM 23rd Parameter Methodology SM online 3 EPA Other edition 1 edition 28 edition 49

Total Organic Carbon (TOC) ... High Temperature Combustion 5310 B ..... 5310 B ..... 5310 B ...... 415.3, Rev 1.2.19 Persulfate-Ultraviolet or Heated 5310 C ..... 5310 C ..... 5310 C ...... 415.3, Rev Hach Method 10267.38 Persulfate Oxidation. 1.2. 19. Wet Oxidation ...... 5310 D ..... 5310 D ...... 415.3, Rev 1.2.19 Ozone Oxidation ...... Hach Method 10261.37 Specific Ultraviolet Absorbance Calculation using DOC and ...... 415.3, Rev 1.2.19 (SUVA) UV254 data. Dissolved Organic Carbon High Temperature Combustion 5310 B ..... 5310 B ..... 5310 B ...... 415.3, Rev 1.2.19 (DOC). Persulfate-Ultraviolet or Heated 5310 C ..... 5310 C ..... 5310 C ...... 415.3, Rev 1.2.19 Persulfate Oxidation. Wet Oxidation ...... 5310 D ..... 5310 D ...... 415.3, Rev 1.2.19 Ultraviolet absorption at Spectrophotometry ...... 5910 B ..... 5910 B ..... 5910 B ..... 5910 B–11 415.3, Rev 1.2.19 254 nm (UV254).

* * * * * ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.402(c)(2)

SM 20th SM 21st SM 22nd SM 23rd Organism Methodology SM online 3 Other edition 6 edition 1 edition 28 edition 49

E. coli ...... Colilert ...... 9223 B ..... 9223 B ..... 9223 B ..... 9223 B–97, B–04. Colisure ...... 9223 B ..... 9223 B ..... 9223 B ..... 9223 B–97, B–04. Colilert-18 ...... 9223 B ..... 9223 B ..... 9223 B ..... 9223 B ..... 9223 B–97, B–04. Readycult® ...... Readycult®.20 Colitag ...... Modified Colitag.TM 13 Chromocult® ...... Chromocult®.21 EC-MUG ...... 9221 F ...... 9221 F ...... 9221 F–06. NA-MUG ...... 9222 I.

VerDate Sep<11>2014 18:39 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51650 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.402(c)(2)—Continued

SM 20th SM 21st SM 22nd SM 23rd Organism Methodology SM online 3 Other edition 6 edition 1 edition 28 edition 49

m-ColiBlue24 Test ...... 9222 J. Tecta EC/TC 33 43 Enterococci ...... Multiple-Tube Technique ...... 9230 B–04. Membrane Filter Tech- ...... 9230 C. niques. Fluorogenic Substrate ...... 9230 D. Enterococcus Test (using Enterolert). Coliphage ...... Two-Step Enrichment Pres- ...... Fast Phage.30 ence-Absence Procedure.

* * * * * ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 141.852(a)(5)

SM 20th, 21st SM 22nd SM 23rd Organism Methodology category Method SM online 3 editions 16 edition 28 edition 49

Total Coliforms ...... Lactose Fermentation Meth- Standard Total Coliform Fer- ...... 9221 B.1, B.2 .. 9221 B.1, B.2, 9221 B.1, B.2– ods. mentation Technique. B.3, B.4. 06. Presence-Absence (P–A) ...... 9221 D.1, D.2, Coliform Test. D.3. Membrane Filtration Meth- Standard Total Coliform ...... 9222 B, C. ods. Membrane Filter Proce- dure using Endo Media. Simultaneous Detection of ...... 9222 J. Total Coliforms and E. coli by Dual Chromogen Mem- brane Filter Procedure (using mColiBlue24 me- dium). Enzyme Substrate Methods Colilert® ...... 9223 B ...... 9223 B ...... 9223 B–04. Colisure® ...... 9223 B ...... 9223 B ...... 9223 B–04. Colilert-18 ...... 9223 B ...... 9223 B ...... 9223 B ...... 9223 B–04. Tecta EC/TC 33 43 Escherichia coli ...... Escherichia coli Procedure EC–MUG medium ...... 9221 F.1 ...... 9221 F.1 ...... 9221 F.1–06. (following Lactose Fer- mentation Methods). Escherichia coli Partitioning EC broth with MUG (EC– ...... 9222 H. Methods (following Mem- MUG). brane Filtration Methods). NA–MUG medium ...... 9222 I. Simultaneous Detection of mColiBlue24 medium ...... 9222 J. Total Coliforms and E. coli by Dual Chromogen Mem- brane Filter Procedure. Enzyme Substrate Methods Colilert® ...... 9223 B ...... 9223 B ...... 9223 B–04. Colisure® ...... 9223 B ...... 9223 B ...... 9223 B–04. Colilert-18 ...... 9223 B ...... 9223 B ...... 9223 B ...... 9223 B–04. Tecta EC/TC 33 43

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)

SM 22nd SM 21st edition,28 Contaminant Methodology EPA method ASTM 4 SM online 3 edition 1 SM 23rd edition 49

Aluminum ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2.2 Atomic Absorption; Direct ...... 3111 D ...... 3111 D. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10. Inductively Coupled Plasma ...... 3120 B ...... 3120 B. Chloride ...... Silver Nitrate Titration ...... D 512–04 4500–Cl .. 4500–Cl B, 12 B. Ion Chromatography ...... D 4327–11 4110 B ...... 4110 B. Potentiometric Titration ...... 4500–Cl¥ D .. 4500–Cl¥ D. Color ...... Visual Comparison ...... 2120 B ...... 2120 B. Foaming Agents ...... Methylene Blue Active Substances (MBAS) ...... 5540 C ...... 5540 C. Iron ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2.2 Atomic Absorption; Direct ...... 3111 B ...... 3111 B. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10. Inductively Coupled Plasma ...... 3120 B ...... 3120 B.

VerDate Sep<11>2014 18:39 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations 51651

ALTERNATIVE TESTING METHODS FOR CONTAMINANTS LISTED AT 40 CFR 143.4(b)—Continued

SM 22nd SM 21st edition,28 Contaminant Methodology EPA method ASTM 4 SM online 3 edition 1 SM 23rd edition 49

Manganese ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2.2 Atomic Absorption; Direct ...... 3111 B ...... 3111 B. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10. Inductively Coupled Plasma ...... 3120 B ...... 3120 B. Odor ...... Threshold Odor Test ...... 2150 B ...... 2150 B. Silver ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2.2 Atomic Absorption; Direct ...... 3111 B ...... 3111 B. Atomic Absorption; Furnace ...... 3113 B ...... 3113 B ...... 3113 B–04, B–10. Inductively Coupled Plasma ...... 3120 B ...... 3120 B. Sulfate ...... Ion Chromatography ...... D 4327–11 4110 B ...... 4110 B. ¥ ¥ ¥ Gravimetric with ignition of residue ...... 4500–SO4 2 4500–SO4 2 4500–SO4 2 C. C. C–97. ¥ ¥ ¥ Gravimetric with drying of residue ...... 4500–SO4 2 4500–SO4 2 4500–SO4 2 D. D. D–97. ¥ ¥ ¥ Turbidimetric method ...... D 516–07, 4500–SO4 2 4500–SO4 2 4500–SO4 2 11, 16. E. E. E–97. ¥ ¥ ¥ Automated methylthymol blue method ...... 4500–SO4 2 4500–SO4 2 4500–SO4 2 F. F. F–97. Total Dissolved Solids ...... Total Dissolved Solids Dried at 180 deg C ...... 2540 C ...... 2540 C. Zinc ...... Axially viewed inductively coupled plasma-atomic 200.5, Revision emission spectrometry (AVICP–AES). 4.2.2 Atomic Absorption; Direct Aspiration ...... 3111 B ...... 3111 B. Inductively Coupled Plasma ...... 3120 B ...... 3120 B. ******* 1 Standard Methods for the Examination of Water and Wastewater, 21st edition (2005). Available from American Public Health Association, 800 I Street NW, Wash- ington, DC 20001–3710. 2 EPA Method 200.5, Revision 4.2. ‘‘Determination of Trace Elements in Drinking Water by Axially Viewed Inductively Coupled Plasma-Atomic Emission Spectrom- etry.’’ 2003. EPA/600/R–06/115. (Available at http://www.epa.gov/water-research/epa-drinking-water-research-methods.) 3 Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used. 4 Available from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428–2959 or http://astm.org. The methods listed are the only alternative versions that may be used. ******* 6 Standard Methods for the Examination of Water and Wastewater, 20th edition (1998). Available from American Public Health Association, 800 I Street NW, Wash- ington, DC 20001–3710. 7 Method ME355.01, Revision 1.0. ‘‘Determination of Cyanide in Drinking Water by GC/MS Headspace,’’ May 26, 2009. Available at https://www.nemi.gov or from James Eaton, H & E Testing Laboratory, 221 State Street, Augusta, ME 04333. (207) 287–2727. 8 Systea Easy (1-Reagent). ‘‘Systea Easy (1-Reagent) Nitrate Method,’’ February 4, 2009. Available at https://www.nemi.gov or from Systea Scientific, LLC., 900 Jorie Blvd., Suite 35, Oak Brook, IL 60523. 9 EPA Method 524.3, Version 1.0. ‘‘Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry,’’ June 2009. EPA 815–B–09–009. Available at https://www.nemi.gov. 10 Mitchell Method M5271, Revision 1.1. ‘‘Determination of Turbidity by Laser Nephelometry,’’ March 5, 2009. Available at https://www.nemi.gov or from Leck Mitch- ell, Ph.D., PE, 656 Independence Valley Dr., Grand Junction, CO 81507. 11 Mitchell Method M5331, Revision 1.1. ‘‘Determination of Turbidity by LED Nephelometry,’’ March 5, 2009. Available at https://www.nemi.gov or from Leck Mitch- ell, Ph.D., PE, 656 Independence Valley Dr., Grand Junction, CO 81507. 12 Orion Method AQ4500, Revision 1.0. ‘‘Determination of Turbidity by LED Nephelometry,’’ May 8, 2009. Available at https://www.nemi.gov or from Thermo Sci- entific, 166 Cummings Center, Beverly, MA 01915, http://www.thermo.com. 13 Modified ColitagTM Method. ‘‘Modified ColitagTM Test Method for the Simultaneous Detection of E. coli and other Total Coliforms in Water (ATP D05–0035),’’ Au- gust 28, 2009. Available at https://www.nemi.gov or from CPI International, 5580 Skylane Boulevard, Santa Rosa, CA 95403. 14 EPA Method 557. ‘‘Determination of Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion Chromatography Electrospray Ionization Tandem Mass Spectrometry (IC–ESI–MS/MS),’’ September 2009. EPA 815–B–09–012. Available at https://www.nemi.gov. 15 AMI Turbiwell, ‘‘Continuous Measurement of Turbidity Using a SWAN AMI Turbiwell Turbidimeter,’’ August 2009. Available at https://www.nemi.gov or from Markus Bernasconi, SWAN Analytische Instrumente AG, Studbachstrasse 13, CH–8340 Hinwil, Switzerland. 16 EPA Method 334.0. ‘‘Determination of Residual Chlorine in Drinking Water Using an On-line Chlorine Analyzer,’’ September 2009. EPA 815–B–09–013. Available at https://www.nemi.gov. 17 ChloroSense. ‘‘Measurement of Free and Total Chlorine in Drinking Water by Palintest ChloroSense,’’ August 2009. Available at https://www.nemi.gov or from Palintest Ltd., 1455 Jamike Avenue (Suite 100), Erlanger, KY 41018. 18 EPA Method 302.0. ‘‘Determination of Bromate in Drinking Water using Two-Dimensional Ion Chromatography with Suppressed Conductivity Detection,’’ Sep- tember 2009. EPA 815–B–09–014. Available at https://www.nemi.gov. 19 EPA 415.3, Revision 1.2. ‘‘Determination of Total Organic Carbon and Specific UV Absorbance at 254 nm in Source Water and Drinking Water,’’ September 2009. EPA/600/R–09/122. Available at http://www.epa.gov/water-research/epa-drinking-water-research-methods. 20 Readycult® Method, ‘‘Readycult® Coliforms 100 Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Finished Waters,’’ January, 2007. Version 1.1. Available from EMD Millipore (division of Merck KGaA, Darmstadt, Germany), 290 Concord Road, Billerica, MA 01821. 21 Chromocult® Method, ‘‘Chromocult® Coliform Agar Presence/Absence Membrane Filter Test Method for Detection and Identification of Coliform Bacteria and Escherichia coli in Finished Waters,’’ November, 2000. Version 1.0. EMD Millipore (division of Merck KGaA, Darmstadt, Germany), 290 Concord Road, Billerica, MA 01821. 22 Hach Company. ‘‘Hach Company SPADNS 2 (Arsenite-Free) Fluoride Method 10225—Spectrophotometric Measurement of Fluoride in Water and Wastewater,’’ January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. 23 Hach Company. ‘‘Hach Company TNTplusTM 835/836 Nitrate Method 10206—Spectrophotometric Measurement of Nitrate in Water and Wastewater,’’ January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. 24 EPA Method 525.3. ‘‘Determination of Semivolatile Organic Chemicals in Drinking Water by Solid Phase Extraction and Capillary Column Gas Chromatography/ Mass Spectrometry (GC/MS),’’ February 2012. EPA/600/R–12/010. Available at http://www.epa.gov/water-research/epa-drinking-water-research-methods. 25 EPA Method 536. ‘‘Determination of Triazine Pesticides and their Degradates in Drinking Water by Liquid Chromatography Electrospray Ionization Tandem Mass Spectrometry (LC/ESI–MS/MS),’’ October 2007. EPA 815–B–07–002. Available at the National Service Center for Environmental Publications (EPA Method 536). 26 EPA Method 523. ‘‘Determination of Triazine Pesticides and their Degradates in Drinking Water by Gas Chromatography/Mass Spectrometry (GC/MS),’’ February 2011. EPA 815–R–11–002. Available at the National Service Center for Environmental Publications (EPA Method 523). ******* 28 Standard Methods for the Examination of Water and Wastewater, 22nd edition (2012). Available from American Public Health Association, 800 I Street NW, Washington, DC 20001–3710. 29 EPA Method 524.4, Version 1.0. ‘‘Measurement of Purgeable Organic Compounds in Water by Gas Chromatography/Mass Spectrometry using Nitrogen Purge Gas,’’ May 2013. EPA 815–R–13–002. Available at the National Service Center for Environmental Publications (EPA Method 524.4).

VerDate Sep<11>2014 19:24 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51652 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Rules and Regulations

30 Charm Sciences Inc. ‘‘Fast Phage Test Procedure. Presence/Absence for Coliphage in Ground Water with Same Day Positive Prediction’’. Version 009. Novem- ber 2012. 659 Andover Street, Lawrence, MA 01843. Available at www.charmsciences.com. 31 Hach Company. ‘‘Hach Method 10260—Determination of Chlorinated Oxidants (Free and Total) in Water Using Disposable Planar Reagent-filled Cuvettes and Mesofluidic Channel Colorimetry,’’ April 2013. 5600 Lindbergh Drive, P.O. Box 389, Loveland, CO 80539. 32 ChlordioX Plus. ‘‘Chlorine Dioxide and Chlorite in Drinking Water by Amperometry using Disposable Sensors,’’ November 2013. Available from Palintest Ltd., 1455 Jamike Avenue (Suite 100), Erlanger, KY 41018. 33 Tecta EC/TC. ‘‘TechtaTM EC/TC Medium and TechtaTM Instrument: A Presence/Absence Method for the Simultaneous Detection of Total Coliforms and Esch- erichia coli (E. coli) in Drinking Water,’’ version 1.0, May 2014. Available from Pathogen Detection Systems, Inc., 382 King Street East, Kingston, Ontario, Canada, K7K 2Y2. 34 Hach Company. ‘‘Hach Method 10241—Spectrophotometric Measurement of Free Chlorine (Cl2) in Drinking Water,’’ November 2015. Revision 1.2. 5600 Lind- bergh Drive, P.O. Box 389, Loveland, CO 80539. 35 Hach Company. ‘‘Hach Method 8026—Spectrophotometric Measurement of Copper in Finished Drinking Water,’’ December 2015. Revision 1.2. 5600 Lindbergh Drive, P.O. Box 389, Loveland, CO 80539. 36 Hach Company. ‘‘Hach Method 10272—Spectrophotometric Measurement of Copper in Finished Drinking Water,’’ December 2015. Revision 1.2. 5600 Lindbergh Drive, P.O. Box 389, Loveland, CO 80539. 37 Hach Company. ‘‘Hach Method 10261—Total Organic Carbon in Finished Drinking Water by Catalyzed Ozone Hydroxyl Radical Oxidation Infrared Analysis,’’ De- cember 2015. Revision 1.2. 5600 Lindbergh Drive, P.O. Box 389, Loveland, CO 80539. 38 Hach Company. ‘‘Hach Method 10267—Spectrophotometric Measurement of Total Organic Carbon (TOC) in Finished Drinking Water,’’ December 2015. Revision 1.2. 5600 Lindbergh Drive, P.O. Box 389, Loveland, CO 80539. 39 Hach Company. ‘‘Hach Method 10258—Determination of Turbidity by 360° Nephelometry,’’ January 2016. Revision 1.0. 5600 Lindbergh Drive, P.O. Box 389, Loveland, CO 80539. 40 Nitrate Elimination Company Inc. (NECi). ‘‘Method for Nitrate Reductase Nitrate-Nitrogen Analysis of Drinking Water,’’ February 2016. Superior Enzymes Inc., 334 Hecla Street, Lake Linden, Michigan 49945. 41 Thermo Fisher. ‘‘Thermo Fisher Scientific Drinking Water Orthophosphate Method for Thermo Scientific Gallery Discrete Analyzer,’’ February 2016. Revision 5. Thermo Fisher Scientific, Ratastie 2, 01620 Vantaa, Finland. 42 Mitchell Method M5331, Revision 1.2. ‘‘Determination of Turbidity by LED or Laser Nephelometry,’’ February 2016. Available from Leck Mitchell, Ph.D., PE, 656 Independence Valley Dr., Grand Junction, CO 81507. 43 Tecta EC/TC. ‘‘TectaTM EC/TC Medium and the TectaTM Instrument: A Presence/Absence Method for the Simultaneous Detection of Total Coliforms and Esch- erichia coli (E. coli) in Drinking Water,’’ version 2.0, February 2017. Available from Pathogen Detection Systems, Inc., 382 King Street East, Kingston, Ontario, Can- ada, K7K 2Y2. 44 Lovibond PTV 1000. ‘‘Continuous Measurement of Drinking Water Turbidity Using a Lovibond PTV 1000 White Light LED Turbidimeter,’’ December 2016. Revi- sion 1.0. Available from Tintometer, Inc., 6456 Parkland Drive, Sarasota, FL 34243. 45 Lovibond PTV 2000. ‘‘Continuous Measurement of Drinking Water Turbidity Using a Lovibond PTV 2000 660-nm LED Turbidimeter,’’ December 2016. Revision 1.0. Available from Tintometer, Inc., 6456 Parkland Drive, Sarasota, FL 34243. 46 Lovibond PTV 6000. ‘‘Continuous Measurement of Drinking Water Turbidity Using a Lovibond PTV 6000 Laser Turbidimeter,’’ December 2016. Revision 1.0. Available from Tintometer, Inc., 6456 Parkland Drive, Sarasota, FL 34243. 47 Thermo Fisher. ‘‘Thermo Fisher Method 557.1: Determination of Haloacetic Acids in Drinking Water using Two-Dimensional Ion Chromatography with Sup- pressed Conductivity Detection,’’ January 2017. Version 1.0. Available from Thermo Fisher Scientific, 490 Lakeside Dr., Sunnyvale, CA 94085 (Richard.jack@ thermofisher.com). 48 EPA Method 150.3. ‘‘Determination of pH in Drinking Water,’’ February 2017. EPA 815–B–17–001. Available at the National Service Center for Environmental Publications (EPA Method 150.3). 49 Standard Methods for the Examination of Water and Wastewater, 23rd edition (2017). Available from American Public Health Association, 800 I Street NW, Washington, DC 20001–3710. 50 EPA Method 900.0, Rev. 1.0. ‘‘Determination of Gross Alpha and Gross Beta in Drinking Water,’’ February 2018. EPA 815–B–18–002. Available at the National Service Center for Environmental Publications (EPA Method 900.0 Rev 1.0). 51 Hach Company. ‘‘Hach Method 10258—Determination of Turbidity by 360° Nephelometry,’’ March 2018. Revision 2.0. 5600 Lindbergh Drive, P.O. Box 389, Loveland, CO 80539. 52 Hach Company. ‘‘Hach Method 8195—Determination of Turbidity by Nephelometry,’’ March 2018. Revision 3.0. 5600 Lindbergh Drive, P.O. Box 389, Loveland, CO 80539.

[FR Doc. 2018–22162 Filed 10–11–18; 8:45 am] BILLING CODE 6560–50–P

VerDate Sep<11>2014 16:22 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 E:\FR\FM\12OCR1.SGM 12OCR1 khammond on DSK30JT082PROD with RULES 51653

Proposed Rules Federal Register Vol. 83, No. 198

Friday, October 12, 2018

This section of the FEDERAL REGISTER number or Regulatory Information IFR, which became effective on July 14, contains notices to the public of the proposed Number (RIN) for this rulemaking. 2016. The Bureau annually adjusted its issuance of rules and regulations. The Because paper mail in the Washington, civil penalty amounts, as required by purpose of these notices is to give interested DC area and at the Bureau is subject to the Act, through rules issued in January persons an opportunity to participate in the delay, commenters are encouraged to 2017 and January 2018.4 rule making prior to the adoption of the final Section 6 of the Inflation Adjustment rules. submit comments electronically. In general, all comments received will be Act states that the increased civil posted without change to http:// penalty amounts ‘‘shall apply only to BUREAU OF CONSUMER FINANCIAL www.regulations.gov. In addition, civil monetary penalties, including PROTECTION comments will be available for public those whose associated violation inspection and copying at 1700 G Street predated such increase, which are 12 CFR Part 1083 NW, Washington, DC 20552, on official assessed after the date the increase takes business days between the hours of 10 effect.’’ 5 12 CFR 1083.1(b) as [Docket No. CFPB–2018–0034] a.m. and 5:30 p.m. Eastern Time. You implemented by the IFR states that the Civil Penalty Inflation Adjustments can make an appointment to inspect the Bureau’s adjusted penalty amounts documents by telephoning 202–435– ‘‘shall apply to civil penalties assessed AGENCY: Bureau of Consumer Financial 7275. after July 14, 2016, regardless of when Protection. All comments, including attachments the violation for which the penalty is 6 ACTION: Proposed rule with request for and other supporting materials, will assessed occurred.’’ public comment. become part of the public record and The Director of the Office of subject to public disclosure. Sensitive Management and Budget (OMB) is SUMMARY: The Bureau of Consumer personal information, such as account required to issue guidance every year by Financial Protection (Bureau) is numbers or Social Security numbers, December 15 to agencies on proposing to amend its rule adjusting should not be included. Comments will implementing the annual civil penalty for inflation the maximum amount of not be edited to remove any identifying inflation adjustments.7 In 2017, the each civil penalty within the Bureau’s or contact information. Office of Management and Budget jurisdiction pursuant to the Federal FOR FURTHER INFORMATION CONTACT: issued guidance stating that, ‘‘[f]or the Civil Penalties Inflation Adjustment Act Monique Chenault, Paralegal Specialist 2018 annual adjustment, the new of 1990, as amended by the Debt or Shelley Thompson, Counsel, Office of penalty amounts should apply to Collection Improvement Act of 1996 Regulations, at (202) 435–7700 or penalties assessed after the effective and further amended by the Federal https:// date of the 2018 annual adjustment— Civil Penalties Inflation Adjustment Act reginquiries.consumerfinance.gov. If which will be no later than January 15, Improvements Act of 2015 (Inflation you require this document in an 2018—including, if consistent with Adjustment Act). The Bureau is alternative electronic format, please agency policy, assessments whose proposing an amendment to specify that contact [email protected]. associated violations occurred on, or the adjusted civil monetary penalties SUPPLEMENTARY INFORMATION: after, November 2, 2015’’ (i.e., the date only apply to assessments whose the 2015 Amendments were signed into associated violations occurred on, or I. Background law).8 after, November 2, 2015 (the date the The Federal Civil Penalties Inflation Consistent with the OMB guidance, 2015 Inflation Adjustment Act Adjustment Act of 1990, as amended by the Bureau proposes to finalize the IFR amendments were signed into law). The the Debt Collection Improvement Act of with changes that specify that adjusted Bureau requests public comment on all 1996 and further amended in 2015 penalties will apply only to violations aspects of this proposal. (Inflation Adjustment Act or Act), that occurred on or after November 2, 2015. The Bureau proposes to revise DATES: Comments must be received on requires federal agencies to adjust the § 1083.1(b) to read as follows: ‘‘The or before November 13, 2018. civil penalty amounts within their respective jurisdictions for inflation not adjustments in paragraph (a) of this ADDRESSES: You may submit comments, later than July 1, 2016, and then not section shall apply to civil penalties identified by Docket No. CFPB–2018– later than January 15 every year 0034 or RIN 3170–AA62, by any of the 4 thereafter.1 The adjustments are 82 FR 3601 (Jan. 12, 2017); 83 FR 1525 (Jan. 12, following methods: 2018). designed to keep pace with inflation so • eRulemaking Portal: http:// 5 Inflation Adjustment Act section 6, codified at that civil penalties retain their deterrent www.regulations.gov. Follow the 28 U.S.C. 2461 note. effect and promote compliance with the 6 instructions for submitting comments. The subsequent annual adjustments have • law.2 retained this general language other than updating Email: FederalRegisterComments@ In June 2016, the Bureau issued an the date to reflect the effective date of the particular annual adjustment. cfpb.gov. Include Docket No. CFPB– interim final rule (IFR) to create 12 CFR 2018–0034 or RIN 3170–AA62 in the 7 Inflation Adjustment Act section 7, codified at part 1083 and adjust the Bureau’s civil 28 U.S.C. 2461 note. subject line of the email. 3 • penalty amounts. The Bureau did not 8 Memorandum to the Exec. Dep’ts & Agencies Mail/Hand Delivery/Courier: receive comments in response to the from Mick Mulvaney, Director, Office of Mgmt. & Comment Intake, Bureau of Consumer Budget, at 4 (Dec. 15, 2017), available at https:// www.whitehouse.gov/wp-content/uploads/2017/11/ Financial Protection Bureau, 1700 G 1 See 28 U.S.C. 2461 note. M-18-03.pdf. OMB’s guidance issued in December Street NW, Washington, DC 20552. 2 See Inflation Adjustment Act section 2, codified 2016 (https://www.whitehouse.gov/sites/ Instructions: All submissions should at 28 U.S.C. 2461 note. whitehouse.gov/files/omb/memoranda/2017/m-17- include the agency name and docket 3 81 FR 38569 (June 14, 2016). 11_0.pdf) contained similar language.

VerDate Sep<11>2014 16:46 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 khammond on DSK30JT082PROD with PROPOSAL 51654 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

assessed after January 15, 2019, whose proposed rule would not impose any Dated: October 5, 2018. associated violations occurred on or additional costs on them. Nor does the Mick Mulvaney, after November 2, 2015.’’ The Bureau rule impose any new, affirmative duty Acting Director, Bureau of Consumer requests comment on this proposed on any small entity or change any Financial Protection. change and all aspects of this proposal. existing requirements on small entities, [FR Doc. 2018–22217 Filed 10–11–18; 8:45 am] II. Legal Authority and Proposed and thus no small entity who is BILLING CODE 4810–AM–P Effective Date currently complying with the laws that the Bureau enforces will incur any The Bureau issues this proposal under expense from the amended rule. DEPARTMENT OF ENERGY the Federal Civil Penalties Inflation Adjustment Act of 1990,9 as amended Accordingly, the Bureau’s Acting Federal Energy Regulatory by the Debt Collection Improvement Act Director, by signing below, certifies that Commission of 1996 10 and further amended by the this proposal, if adopted, would not Federal Civil Penalties Inflation have a significant economic impact on 18 CFR Parts 2 and 38 Adjustment Act Improvements Act of a substantial number of small entities. 2015,11 which requires the Bureau to The Bureau requests comment on the [Docket No. RM05–5–026] adjust for inflation the civil penalties analysis above and requests any relevant Standards for Business Practices and within its jurisdiction according to a data. Communication Protocols for Public statutorily prescribed formula. Utilities The Bureau proposes to issue a final IV. Paperwork Reduction Act rule with an effective date no sooner The Bureau has determined that the AGENCY: Federal Energy Regulatory than January 15, 2019. The Bureau proposed rule does not impose any new Commission, Department of Energy. believes the effective date would or revise any existing recordkeeping, ACTION: Notice of proposed rulemaking. coincide with, or occur after, the reporting, or disclosure requirements on effective date of a 2019 annual SUMMARY: The Federal Energy adjustment by the Bureau under the covered entities or members of the Regulatory Commission (Commission) Act.12 The Bureau seeks comment on public that would be collections of proposes to remove the incorporation by whether this proposed approach is information requiring approval by OMB reference of the Wholesale Electric appropriate. under the Paperwork Reduction Act Quadrant (WEQ) WEQ–006 Time Error (PRA).15 The Bureau welcomes Correction Business Practice Standards III. Regulatory Flexibility Act (RFA) comments on this determination or any as adopted by the North American The RFA generally requires an agency other aspects of this proposal for Energy Standards Board (NAESB) in its to conduct an initial regulatory purposes of the PRA. WEQ Version 003.0 Businesses Practice flexibility analysis (IRFA) and a final Standards. The WEQ–006 Manual Time List of Subjects in 12 CFR Part 1083 regulatory flexibility analysis (FRFA) of Error Correction Business Practice any rule subject to notice-and-comment Administrative practice and Standards previously defined the rulemaking requirements. An IRFA or procedure, Consumer protection, commercial based procedures to be used FRFA is not required if the agency Penalties. for reducing time error to keep the certifies that the rule will not have a system’s time within acceptable limits significant economic impact on a Authority and Issuance of true time. NAESB’s latest version of substantial number of small entities.13 its Business Practice Standards retires The Bureau also is subject to certain For the reasons set forth above, the and eliminates its Manual Time Error additional procedures under the RFA Bureau proposes to amend 12 CFR part Correction Business Practice Standards involving the convening of a panel to 1083, as set forth below: to correspond with the removal of the consult with small business Time Error Correction requirements of PART 1083—CIVIL PENALTY representatives prior to proposing a rule the North American Electric Reliability for which an IRFA is required.14 ADJUSTMENTS Corporation (NERC), which was An IRFA is not required for this approved by the Commission in 2017. proposal because if adopted it would ■ 1. The authority citation for part 1083 The Commission also proposes to not have a significant economic impact continues to read as follows: incorporate by reference Standard on a substantial number of small Authority: 12 U.S.C. 2609(d); 12 U.S.C. WEQ–000 (Version 003.2), which entities. If adopted as proposed, the rule 5113(d)(2); 12 U.S.C. 5565(c); 15 U.S.C. eliminates the definitions of ‘‘Time simply specifies that increased penalty 1639e(k); 15 U.S.C. 1717a(a); 28 U.S.C. 2461 Error’’ and ‘‘Time Error Correction’’ as amounts apply only to violations that note. well as making unrelated minor occurred on or after November 2, 2015, corrections. rather than also to violations that ■ 2. Section 1083.1(b) is revised to read DATES: Comments are due November 13, occurred prior to November 2, 2015. as follows: Because it would limit the civil 2018. penalties covered persons may pay, the § 1083.1 Adjustments of civil penalty ADDRESSES: Comments, identified by amounts. Docket No. RM05–5–026, may be filed 9 Public Law 101–410, 104 Stat. 890. * * * * * in the following ways: 10 • Electronic Filing through http:// Public Law 104–134, section 31001(s)(1), 110 (b) The adjustments in paragraph (a) Stat. 1321, 1321–373. www.ferc.gov. Documents created 11 Public Law 114–74, section 701, 129 Stat. 584, of this section shall apply to civil electronically using word processing 599. penalties assessed after January 15, software should be filed in native 12 The Administrative Procedure Act generally 2019, whose associated violations applications or print-to-PDF format and requires an agency to publish a rule at least 30 days occurred on or after November 2, 2015. before its effective date. See 5 U.S.C. 553(d). not in a scanned format. 13 See 5 U.S.C. 601 et seq. • Mail/Hand Delivery: Those unable 14 See 5 U.S.C. 609. 15 44 U.S.C. 3501 et seq. to file electronically may mail or hand-

VerDate Sep<11>2014 16:46 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 khammond on DSK30JT082PROD with PROPOSAL Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51655

deliver comments to: Federal Energy FOR FURTHER INFORMATION CONTACT: Regulatory Commission, 888 First Regulatory Commission, Secretary of the Michael P. Lee (technical issues), Office Street NE, Washington, DC 20426, Commission, 888 First Street NE, of Energy Policy and Innovation, (202) 502–8321 Washington, DC 20426. Federal Energy Regulatory Instructions: For detailed instructions Commission, 888 First Street NE, SUPPLEMENTARY INFORMATION: on submitting comments and additional Washington, DC 20426, (202) 502– Table of Contents information on the rulemaking process, 6548 see the Comment Procedures Section of Gary D. Cohen (legal issues), Office of this document. the General Counsel, Federal Energy

Paragraph Nos.

I. Background ...... 2 II. Discussion ...... 5 III. Implementation ...... 8 IV. Notice of Use of Voluntary Consensus Standards ...... 9 V. Incorporation By Reference ...... 11 VI. Information Collection Statement ...... 16 VII. Environmental Analysis ...... 23 VIII. Regulatory Flexibility Act Certification ...... 24 IX. Comment Procedures ...... 28 X. Document Availability ...... 32

1. In this Notice of Proposed electricity industry sectors. Since 1995, members of NAESB, and each standard Rulemaking (NOPR), the Federal Energy NAESB and its predecessor, the Gas NAESB adopts is supported by a Regulatory Commission (Commission) Industry Standards Board (GISB), have consensus of the relevant industry proposes to remove its incorporation by been accredited members of the segments. Standards that fail to gain reference of the Wholesale Electric American National Standards Institute consensus support are not adopted. Quadrant (WEQ) WEQ–006 Time Error (ANSI), complying with ANSI’s NAESB’s consistent practice has been to Correction Business Practice Standards requirements that its standards reflect a submit a report to the Commission after as adopted by the North American consensus of the affected industries.3 it has made revisions to existing Energy Standards Board (NAESB) in its 3. NAESB supports three quadrants of business practice standards or has WEQ Version 003.0 Businesses Practice the gas and electric industries— developed and adopted new business Standards.1 NAESB adopted the Manual wholesale gas, wholesale electric, and practice standards. NAESB has Time Error Correction Business Practice retail markets quadrants.4 NAESB’s submitted a report to the Commission to Standard to correspond with a similar standards include business practices reserve specific standards in reliability standard adopted by the intended to standardize and streamline conjunction with the retirement of North American Electric Reliability the transactional processes of the corresponding NERC standards. Corporation (NERC). These Time Error natural gas and electric industries, as NAESB’s standards are voluntary Correction standards defined the well as communication protocols and standards, which become mandatory for commercial methods used for reducing related standards designed to improve public utilities upon incorporation by time error to keep the system’s time the efficiency of communication within reference by the Commission. within acceptable limits of true time. each industry. All participants in the NERC retired its Time Error Correction gas and electric industries are eligible to II. Discussion reliability standard (BAL–004–0) and join NAESB and participate in standards 5. As discussed below, we propose to the Commission approved that development. revise the Commission’s regulations at retirement in a letter order issued on 4. NAESB develops its standards 18 CFR 38.1(b)) to remove the standard January 18, 2017 in Docket No. RD17– under a consensus process so that the WEQ–006 governing the business 1–000. To maintain parallel treatment standards draw support from a wide practices for Time Error Correction. with NERC’s reliability standards, range of industry members. NAESB’s NAESB approved this removal on NAESB, in Version 003.2 of its procedures are designed to ensure that December 8, 2017. We also propose to standards, retired and eliminated the all persons choosing to participate can incorporate corresponding standards contained in its WEQ–006 have input into the development of a Manual Time Error Correction Business standard, regardless of whether they are modifications to WEQ–000, Practice Standards.2 Abbreviations, Acronyms, and 3 Prior to the establishment of NAESB in 2001, Definition of Terms Business Practice I. Background the Commission’s development of business practice Standards, which were adopted by standards for the wholesale electric industry was 2. NAESB is a non-profit standards aided by two ad hoc industry working groups NAESB on that same date. development organization that serves as established during the rulemaking proceeding that 6. The WEQ–000 Abbreviations, resulted in issuance of Order No. 889 and the an industry forum for the development creation of the Open Access Same-Time Acronyms, and Definition of Terms of business practice standards and Information System (OASIS), while GISB’s efforts standards define the terms used communication protocols for the involved the development of business practice throughout the WEQ Business Practice standards for the wholesale natural gas industry. wholesale and retail natural gas and Once formally established, NAESB took over the Standards. Consistent with NAESB’s standards development previously handled by GISB removal of Standard WEQ–006 from the 1 NAESB’s WEQ Version 003.1 and WEQ Version and by the electric working groups. WEQ Version 003.2 Business Practice 003.2 Business Practice Standards are currently 4 The retail gas quadrant and the retail electric Standards, NAESB also deleted the pending Commission review. quadrant were combined into the retail markets terms ‘‘Time Error’’ and ‘‘Time Error 2 NAESB notified the Commission that it had quadrant. NAESB continues to refer to these adopted Version 003.2 of its standards on December working groups as ‘‘quadrants’’ even though there Correction’’ from the WEQ–000 7, 2018, in Docket No. RM05–5–000. are now only three quadrants. standards as well as making other minor

VerDate Sep<11>2014 16:46 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 khammond on DSK30JT082PROD with PROPOSAL 51656 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

corrections to defined terms unrelated public utilities to make compliance consensus standard or a government- to time error correction. filings revising their tariffs to unique standard. In this NOPR, the 7. The WEQ–006 Manual Time Error acknowledge their responsibility to Commission is proposing to incorporate Correction Business Practice Standards comply with the revised standards or by reference NAESB’s revised WEQ–006 defines the commercial based include a provision in their tariffs Manual Time Error Correction Business procedures to be used for reducing time stating that they will comply with the Practice Standards, which retire and error to within acceptable limits of true latest version of the NAESB business ‘‘reserve’’ these standards. time. However, NERC and NAESB are practice standards as incorporated by V. Incorporation by Reference both in agreement that it is now reference by the Commission.7 Because appropriate to retire these standards. we are only proposing to remove a 11. The Office of the Federal Register NERC decided to retire the Reliability single standard, we see no necessity for requires agencies incorporating material Standard BAL–004–0 (Time Error those utilities that make tariff filings to by reference in final rules to discuss, in Correction), since the standard does not incorporate NAESB standards upon the preamble of the final rule, the ways materially support reliability of the Bulk adoption of this proposal. Such filings that the materials it incorporates by Power System and has been superseded can be made after the Commission reference are reasonably available to by newer standards since Order No. addresses the remainder of the interested parties and how interested 693,5 rendering Reliability Standard standards included in WEQ Version parties can obtain the materials.10 The BAL–004–0 redundant. NERC took the 003.2 of the standards. regulations also require agencies to first step in accomplishing this by summarize, in the preamble of the final submitting for Commission approval a IV. Notice of Use of Voluntary rule, the material it incorporates by revision to Reliability Standards BAL– Consensus Standards reference. 004–0 to retire the standard but reserves 9. The retirement and reservation of 12. Prior to NAESB’s adoption of the the title of the standard as a the NAESB WEQ–006 Manual Time WEQ Version 003.2 Business Practice placeholder. The Commission approved Error Correction Business Practice Standards, earlier iterations of the this NERC action in a letter order issued Standards was adopted by NAESB NAESB WEQ–006 Manual Time Error in Docket No. RD17–1–000 on January under NAESB’s consensus procedures.8 Correction Business Practice Standards 18, 2017. After the Commission’s As the Commission found in Order No. defined the commercial procedures to approval of NERC’s retirement of 676, adoption of consensus standards is be used for reducing time error to keep Reliability Standards BAL–004–0, appropriate because the consensus the system’s time within acceptable NAESB submitted a parallel revision to process helps ensure the reasonableness limits of true time. However, in the the WEQ Version 003.2 Business of the standards by requiring that the latest version of this standard (the Practice Standards in which it retired standards draw support from a broad version of Standard WEQ–006 and reserved all the standards contained spectrum of all segments of the appearing in the WEQ Version 003.2 in Standard WEQ–006, although NAESB industry. Moreover, since the industry Business Practice Standards) NAESB retained the standard number WEQ–006 itself has to conduct business under has retired and eliminated these and the title ‘‘Manual Time Error these standards, the Commission’s standards. And in this NOPR, we Correction.’’ 6 NAESB also made regulations should reflect those propose to incorporate by reference the corresponding revisions to the standards that have the widest possible version of these standards that retires definitions in Standard WEQ–000. Since support. In section 12(d) of the National and reserves Standard WEQ–006. NAESB has retired all of the standards Technology Transfer and Advancement 13. We also propose in this NOPR to governing Manual Time Error Act of 1995, Congress affirmatively incorporate by reference the revised Correction, the Commission proposes to requires federal agencies to use WEQ–000 that deletes the definitions of remove the NAESB standard WEQ–006 technical standards developed by the terms ‘‘Time Error’’ and ‘‘Time Error from its incorporation by reference, and voluntary consensus standards Correction’’ as well as making other to adopt NAESB’s revisions to its organizations, like NAESB, as a means minor corrections to defined terms definitions to ensure consistency to carry out policy objectives or unrelated to time error correction. The between the NERC and NAESB activities unless use of such standards WEQ–000 Abbreviations, Acronyms, standards. would be inconsistent with applicable and Definition of Terms Business III. Implementation law or otherwise impractical.9 Practice Standards provide a single 10. Office of Management and Budget location for all abbreviations, acronyms, 8. We do not propose to require Circular A–119 (section 11) (February and defined terms referenced in the public utilities to make filings upon 10, 1998) provides that Federal WEQ Business Practice Standards. adoption of this proposal to implement Agencies should publish a request for These standards provide common the removal of WEQ–006 Manual Time comment in a NOPR when the agency nomenclature for terms within the Error Correction. We generally require is seeking to issue or revise a regulation wholesale electric industry, reducing proposing to adopt a voluntary confusion and opportunities for 5 Mandatory Reliability Standards for the Bulk- misinterpretation or misunderstandings Power System, Order No. 693, FERC Stats. & Regs. ¶ 31,242, PP 382–386, order on reh’g, Order No. 7 See Standards for Business Practices and among industry participants. 693–A, 120 FERC ¶ 61,053 (2007). Since issuance Communication Protocols for Public Utilities, Order 14. Our regulations provide that of Order No. 693 in 2007, NERC has periodically No. 676–H, FERC Stats. & Regs. ¶ 31,359, at P 71. copies of the NAESB standards updated and revised its reliability standards. The 8 Under this process, to be approved a standard incorporated by reference may be standards were most recently updated on July 3, must receive a super-majority vote of 67 percent of 2018. the members of the WEQ’s Executive Committee obtained from the North American 6 NERC replaced the manual time error correction with support from at least 40 percent from each of Energy Standards Board, 801 Travis standard with a guideline for automatic time error the five industry segments—transmission, Street, Suite 1675, Houston, TX 77002, correction that would manage continued adherence generation, marketer/brokers, distribution/load Phone: (713) 356–0060. NAESB’s to a frequency approximating 60 Hertz (Hz) over serving entities, and end users. For final approval, long-term averages. NAESB did not receive a 67 percent of the WEQ’s general membership must website is located at http:// request to adopt, and has not adopted, any business ratify the standards. practice standards to complement NERC’s 9 Public Law 104–113, 12(d), 110 Stat. 775 (1996), 10 1 CFR 51.5. See Incorporation by Reference, 79 automatic time error guideline. 15 U.S.C. 272 note (1997). FR 66267 (Nov. 7, 2014).

VerDate Sep<11>2014 16:46 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 khammond on DSK30JT082PROD with PROPOSAL Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51657

www.naesb.org/. Copies of the standards of Standards Manuals, Booklets, and information will have practical utility, may be inspected at the Federal Energy Contracts on CD for $2,000 and the the accuracy of the provided burden Regulatory Commission, Public Individual Standards Manual or estimates, ways to enhance the quality, Reference and Files Maintenance Booklets for each standard by email for utility, and clarity of the information to Branch, 888 First Street NE, $250 per manual or booklet.15 In be collected, and any suggested methods Washington, DC 20426, Phone: (202) addition, NAESB considers requests for for minimizing respondents’ burden, 502–8371, http://www.ferc.gov.11 waivers of the charges on a case by case including the use of automated basis based on need. 15. NAESB is a private consensus information techniques. We propose standards developer that develops VI. Information Collection Statement that the requirement to make voluntary wholesale and retail compliance tariff filings (included in 16. The collection of information FERC–516) for the WEQ–006 Business standards related to the energy industry. contained in this proposed rule is The procedures used by NAESB make Practice Standards be deferred until subject to review by the Office of final action is taken by the Commission its standards reasonably available to Management and Budget (OMB) under those affected by the Commission on the entirety of the WEQ Version section 3507(d) of the Paperwork 003.2 Business Practice Standards for regulations, which generally is Reduction Act of 1995, 44 U.S.C. those who continue to opt to specify a comprised of entities that have the 3507(d).16 OMB’s regulations require specific version of the standards in their means to acquire the information they approval of certain information tariffs. Therefore, changes to the burden need to effectively participate in collection requirements imposed by and cost of the FERC–516 (Electric Rate Commission proceedings.12 NAESB agency rules.17 Upon approval of a provides a free electronic read-only collection(s) of information, OMB will Schedules and Tariff Filings, OMB version of the standards for a three assign an OMB control number and an Control No. 1902–0096) are not being business day period or, in the case of a expiration date. Respondents subject to proposed at this time. regulatory comment period, through the the filing requirements of this rule will 18. The following estimates for end of the comment period.13 not be penalized for failing to respond burden and cost 18 are based on the Participants can join NAESB, for an to the collection of information unless projected savings due to the retirement annual membership cost of $7,000, the collection of information displays a and reservation of the WEQ–006 Manual which entitles them to full participation valid OMB control number. Time Error Correction Business Practice in NAESB and enables them to obtain 17. The Commission solicits Standards, as adopted by NAESB and these standards at no additional cost.14 comments on the Commission’s need for proposed to be incorporated by Non-members may obtain a complete set this information, whether the reference in this NOPR.

PROPOSED BURDEN REDUCTION IN NOPR IN DOCKET NO. RM05–5–026 19

Annual Total annual burden Number of number of Total number Average burden hrs. & total annual respondents responses per of responses (hrs.) & cost ($) per cost respondent response ($)

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

FERC–717 20 21 (retirement of WEQ–006 170 1 170 1 hr.; $79 (reduction) 170 hours; $13,430 Time Error Correction Standard). (reduction).

Title: FERC–717, Open Access Same Respondents: Business or other for standards to retire and remove Standard Time Information System and Standards profit. WEQ–006 on Manual Time Error for Business Practices and Frequency of Responses: One-time Correction to be consistent with NERC’s Communication Protocols for Public implementation (business procedures, retirement of the corresponding Utilities. capital/start-up). reliability standard for Time Error Correction. In addition, we are also Action: Proposed revision (reduction) 19. Necessity of the Information: This to an existing collection. proposed rule, if implemented would proposing to incorporate by reference the revised Standard WEQ–000 (Version OMB Control No.: 1902–0173. update the Commission’s current business practice and communication 003.2) that deletes the definitions of

11 18 CFR 284.12. 14 North American Energy Standards Board Communication Protocols for Public Utilities. We 12 As a private, consensus standards developer, Membership Application, https://www.naesb.org/ estimate that the proposed retirement in this docket NAESB needs the funds obtained from its pdf4/naesbapp.pdf. of WEQ–006 will reduce burden for each membership fees and sales of its standards to 15 NAESB Materials Order Form, https:// respondent by 1 hour. finance the organization. The parties affected by www.naesb.org//pdf/ordrform.pdf. 21 This burden for FERC–717 was originally these Commission regulations generally are highly 16 44 U.S.C. 3507(d). sophisticated and have the means to acquire the included in Order 676–H. At that time, we had an 17 5 CFR 1320.11. information they need to effectively participate in estimate of 132 respondents. Due to normal 18 Commission proceedings. The Commission staff estimates that industry is industry fluctuation (e.g., companies merging or similarly situated in terms of hourly cost (for wages 13 Procedures for non-members to evaluate work splitting, going into or leaving the industry), the plus benefits). Based on the Commission’s FY products before purchasing are available at https:// number of respondents is now 170. www.naesb.org/misc/NAESB_Nonmember_ (Fiscal Year) 2018 average cost (for wages plus benefits), $79.00/hour is used. In Order 676–H (issued 9/18/2014), the estimated Evaluation.pdf. See Incorporation by Reference, 79 average hourly wage (plus benefits) was $72.67. For FR at 66271, n.51 & 53 (Nov. 7, 2014) (citing to 19 As noted above, changes to the FERC–516 are the calculations here, we are using today’s NAESB’s procedure of providing ‘‘no-cost, no-print not proposed at this time. electronic access,’’ NAESB Comment at 1, http:// 20 FERC–717 (OMB Control No. 1902–0173) estimated hourly cost of $79.00/hour, as noted www.regulations.gov/#!documentDetail;D=OFR- identifies the information collection associated with above. 2013-0001-0023). Standards for Business Practices and

VerDate Sep<11>2014 18:42 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 khammond on DSK30JT082PROD with PROPOSAL 51658 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

‘‘Time Error’’ and ‘‘Time Error unnecessary and has not been prepared format and not in a scanned format. Correction’’, as well as making in this NOPR. Commenters filing electronically do not unrelated minor corrections to the need to make a paper filing. VIII. Regulatory Flexibility Act standard. Certification 30. Commenters that are not able to 20. Internal Review: The Commission file comments electronically must send has reviewed the revised business 24. The Regulatory Flexibility Act of 25 an original of their comments to: practice standards and has made a 1980 (RFA) generally requires a Federal Energy Regulatory Commission, preliminary determination that the description and analysis of proposed Secretary of the Commission, 888 First proposed revisions that we propose here rules that will have significant Street NE, Washington, DC 20426. to incorporate by reference are both economic impact on a substantial necessary and useful. In addition, the number of small entities. The RFA does 31. All comments will be placed in Commission has assured itself, by not mandate any particular outcome in the Commission’s public files and may means of its internal review, that there a rulemaking. It only requires be viewed, printed, or downloaded is specific, objective support for the consideration of alternatives that are remotely as described in the Document burden estimate associated with the less burdensome to small entities and an Availability section below. Commenters information requirements. agency explanation of why alternatives on this proposal are not required to 21. Interested persons may obtain were rejected. serve copies of their comments on other information on the reporting 25. The Small Business commenters. requirements by contacting the Federal Administration (SBA) size standards for X. Document Availability Energy Regulatory Commission, Office electric utilities is based on the number of the Executive Director, 888 First of employees, including affiliates. 32. In addition to publishing the full Street NE, Washington, DC 20426 [Attn: Under SBA’s standards, some text of this document in the Federal Ellen Brown, email: DataClearance@ transmission owners will fall under the Register, the Commission provides all ferc.gov, phone: (202) 502–8663, fax: following category and associated size interested persons an opportunity to (202) 273–0873]. threshold: Electric bulk power view and/or print the contents of this 22. Comments concerning the transmission and control, at 500 document via the internet through the information collection proposed for employees.26 Commission’s Home Page (http:// revision in this NOPR and the 26. The Commission estimates that 5 www.ferc.gov) and in the Commission’s associated burden estimate should be of the 170 respondents (or 3%) are Public Reference Room during normal sent to the Commission in this docket, small. The Commission estimates that business hours (8:30 a.m. to 5:00 p.m. and by email to the Office of the impact on each entity (large and Eastern time) at 888 First Street NE, Management and Budget, Office of small) is a proposed reduction or Room 2A, Washington, DC 20426. Information and Regulatory Affairs savings of $79.00 (or one hour). 33. From the Commission’s Home [Attention: Desk Officer for the Federal 27. Based on the above, the Page on the internet, this information is Energy Regulatory Commission]. For Commission certifies that available on eLibrary. The full text of security reasons, comments should be implementation of the proposed this document is available on eLibrary sent by email to OMB at the following Business Practice Standards will not in PDF and Microsoft Word format for _ email address: oira submission@ have a significant impact on a viewing, printing, and/or downloading. omb.eop.gov. Please refer to OMB substantial number of small entities. To access this document in eLibrary, Control No. 1902–0173 in your Accordingly, no initial regulatory type the docket number excluding the submittal to OMB. flexibility analysis is required. last three digits of this document in the VII. Environmental Analysis IX. Comment Procedures docket number field. 23. The Commission is required to 28. The Commission invites interested 34. User assistance is available for prepare an Environmental Assessment persons to submit comments on the eLibrary and the Commission’s website or an Environmental Impact Statement matters and issues proposed in this during normal business hours from the for any action that may have a notice to be adopted, including any Commission’s Online Support at (202) significant adverse effect on the human related matters or alternative proposals 502–6652 (toll free at 1–866–208–3676) environment.22 The Commission has that commenters may wish to discuss. or email at [email protected], categorically excluded certain actions Comments are due November 13, 2018. or the Public Reference Room at (202) from these requirements as not having a Comments must refer to Docket No. 502–8371, TTY (202) 502–8659. Email significant effect on the human RM05–5–026 and must include the the Public Reference Room at environment.23 The actions proposed commenter’s name, the organization [email protected]. here fall within categorical exclusions they represent, if applicable, and their List of Subjects in 18 CFR Part 38 in the Commission’s regulations for address in their comments. rules that are clarifying, corrective, or 29. The Commission encourages Incorporation by reference, Conflicts procedural, for information gathering, comments to be filed electronically via of interest, Electric power plants, analysis, and dissemination, and for the eFiling link on the Commission’s Electric utilities, Reporting and sales, exchange, and transportation of website at http://www.ferc.gov. The recordkeeping requirements. electric power that requires no Commission accepts most standard By direction of the Commission. 24 word processing formats. Documents construction of facilities. Therefore, Issued: October 4, 2018. an environmental assessment is created electronically using word processing software should be filed in Kimberly D. Bose, Secretary. 22 Regulations Implementing the National native applications or print-to-PDF Environmental Policy Act of 1969, Order No. 486, In consideration of the foregoing, the FERC Stats. & Regs. ¶ 30,783 (1987). 25 5 U.S.C. 601–612. 23 18 CFR 380.4. 26 13 CFR 121.201, Sector 22 (Utilities), NAICS Commission proposes to amend part 38, 24 See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), code 221121 (Electric Bulk Power Transmission and chapter I, title 18, Code of Federal 380.4(a)(27). Control). Regulations, as follows:

VerDate Sep<11>2014 16:46 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 khammond on DSK30JT082PROD with PROPOSAL Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51659

PART 38—STANDARDS FOR PUBLIC ■ 2. Amend § 38.1, by revising (1) WEQ–000, Abbreviations, UTILITY BUSINESS OPERATIONS AND paragraph (b)(1) and removing and Acronyms, and Definition of Terms COMMUNICATIONS reserving paragraph (b)(7) to read as (Version 003.2, Dec. 8, 2017); follows: * * * * * ■ 1. The authority citation for part 38 (b) * * * (7) [Reserved] continues to read as follows: * * * * * Authority: 16 U.S.C. 791–825r, 2601– [FR Doc. 2018–22074 Filed 10–11–18; 8:45 am] 2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. BILLING CODE 6717–01–P

VerDate Sep<11>2014 16:46 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00007 Fmt 4702 Sfmt 9990 E:\FR\FM\12OCP1.SGM 12OCP1 khammond on DSK30JT082PROD with PROPOSAL 51660

Notices Federal Register Vol. 83, No. 198

Friday, October 12, 2018

This section of the FEDERAL REGISTER Room 4718, Washington, District of reporting was required quarterly in the contains documents other than rules or Columbia 20250. implementation phase and annual proposed rules that are applicable to the You may also send comments to the performance reporting will continue public. Notices of hearings and investigations, Desk Officer for Agriculture, Office of through calendar year 2022. In addition, committee meetings, agency decisions and Information and Regulatory Affairs, rulings, delegations of authority, filing of the application process was a one-time petitions and applications and agency Office of Management and Budget, opportunity and will not be re-opening; statements of organization and functions are Washington, DC 20503. Copies of the therefore, all application related forms examples of documents appearing in this information collection may be requested are no longer required. by contacting Kelly Novak at the above section. For the following estimated total address. annual burden on respondents, the FOR FURTHER INFORMATION CONTACT: formula used to calculate the total DEPARTMENT OF AGRICULTURE Kelly Novak, (202) 720–4053. Persons burden hour is the estimated average with disabilities who require alternative Farm Service Agency time per responses hours multiplied by mean for communication should contact the estimated total annual responses. the USDA’s TARGET Center at (202) Information Collection Request; 720–2600 (Voice). Estimate of Burden: Public reporting Biofuel Infrastructure Partnership (BIP) SUPPLEMENTARY INFORMATION: burden for this information collection is Grants to States estimated to average 0.302 hours per AGENCY: Farm Service Agency, USDA. Title: The Biofuel Infrastructure response. ACTION: Notice; request for comments. Partnership Grants to States. Type of Respondents: BIP State OMB Control Number: 0560–0284. Government grantees. Expiration Date: March 31, 2019. SUMMARY: In accordance with the Estimated Number of Respondents: Type of Request: Extension with a Paperwork Reduction Act of 1995, the 19. Farm Service Agency (FSA) is revision. Collection. Estimated Annual Number of requesting comments from all interested Abstract: This information collection Responses per Respondent: 1. individuals and organizations on a was needed for FSA to identify eligible revision and an extension of a currently States for a one-time opportunity for Estimated Total Annual Responses. approved information collection blender pump funding. The goal was to 19. encourage increased ethanol use. FSA associated with FSA Biofuel Estimated Average Time per required each State interested in a grant Infrastructure Partnership Grants to Response: 0.302 hours. States. The FSA Biofuel Infrastructure to submit an application to FSA with Estimated Total Annual Burden Partnership (BIP) has collected and used forms specified by FSA. The Hours on Respondents: 109 hours. the information to identify applicant successfully awarded States were States that would be eligible to receive required to report on the funding We are requesting comments on all a one-time grant funding opportunity for distribution, which has required third aspects of this information collection to fuel pumps and related infrastructure, party reporting depending how the help us to: States distributed the funds. FSA with the goal of encouraging increased (1) Evaluate whether the collection of announced the availability of ethanol use. Information that BIP is now information is necessary for the proper competitive grants to fund States, the collecting is needed to monitor BIP performance of the functions of FSA, grantee implementation and Commonwealth of Puerto Rico, and Washington, DC with respect to including whether the information will performance of the participating third- have practical utility; party, fueling stations. activities designed to expand the infrastructure for renewable fuels. The (2) Evaluate the accuracy of FSA’s DATES: We will consider comments that goal was for grantees to provide funds estimate of the burden of the collection we receive by December 11, 2018. on a one-to-one basis to receive of information including the validity of ADDRESSES: We invite you to submit matching CCC funds. The funding has the methodology and assumptions used; comments on this notice. In your been provided under the authority in (3) Evaluate the quality, utility, and comments, include the date, volume, section 5(e) of USDA’s CCC Charter Act clarity of the information technology; and page number of this issue of the (15 U.S.C. 714c(e)). All tracking from and Federal Register, the OMB control the grantee funding distribution and number and the title of the information resultant sale of ethanol/ethanol (4) Minimize the burden of the collection request. You may submit blended products are reported and collection of information on those who comments by any of the following retained by FSA. The SF–425, Request are respond, including through the use methods: for Financial Report, and annual report of appropriate automated, electronic, • Federal eRulemaking Portal: Go to are the forms FSA supplies to the mechanical, or other technological http://www.regulations.gov. Follow the Grantee State for tracking funding and collection techniques or other forms of online instructions for submitting implementation performance. The information technology. comments. burden hours have decreased because All comments received in response to • Mail: Kelly Novak, Program there are a fewer grantees submitting this notice, including names and Manager, USDA, Farm Service Agency, annual reporting than anticipated. Mid- addresses where provided, will be made Energy Programs Customer Service year reporting was not required, because a matter of public record. Comments Section, 1400 Independence Ave. SW, reimbursement requesting, and financial will be summarized and included in the

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51661

request for OMB approval of the Los Angeles Street, Suite 2010, Los CVD Operations, Office VI, Enforcement information collection. Angeles, CA 90012. They may be faxed and Compliance, International Trade to the Commission at (213) 894–0508, or Administration, U.S. Department of Richard Fordyce, emailed Ana Victoria Fortes at afortes@ Commerce, 1401 Constitution Avenue Administrator, Farm Service Agency. usccr.gov. Persons who desire NW, Washington, DC 20230; telephone: [FR Doc. 2018–22216 Filed 10–11–18; 8:45 am] additional information may contact the (202) 482–4475 or (202) 482–5075, BILLING CODE 3410–05–P Regional Programs Unit at (213) 894– respectively. 3437. SUPPLEMENTARY INFORMATION: Records and documents discussed COMMISSION ON CIVIL RIGHTS during the meeting will be available for Background public viewing prior to and after the Commerce initiated this Notice of Public Meeting of the Arizona meetings at https://facadatabase.gov/ administrative review on November 13, Advisory Committee committee/meetings.aspx?cid=235. 2017.1 We selected Hyundai and AGENCY: U.S. Commission on Civil Please click on the ‘‘Meeting Details’’ POSCO/PDW as mandatory Rights and ‘‘Documents’’ links. Records respondents. For a detailed description generated from these meetings may also ACTION: Announcement of meeting. of the events that followed the initiation be inspected and reproduced at the of this review, see the Preliminary SUMMARY: Notice is hereby given, Regional Programs Unit, as they become Decision Memorandum, dated pursuant to the provisions of the rules available, both before and after the concurrently with these preliminary and regulations of the U.S. Commission meetings. Persons interested in the work results and hereby adopted by this on Civil Rights (Commission) and the of this Committee are directed to the notice.2 Federal Advisory Committee Act Commission’s website, https:// The Preliminary Decision (FACA) that the meeting of the Arizona www.usccr.gov, or may contact the Memorandum is a public document and Advisory Committee (Committee) to the Regional Programs Unit at the above is on file electronically via Enforcement Commission will be held at 12:00 p.m. email or street address. and Compliance’s Antidumping and (Mountain Time) Thursday, October 18, Agenda Countervailing Duty Centralized 2018. The purpose of this meeting is for Electronic Service System (ACCESS). the Committee to discuss a post- I. Welcome Access to ACCESS is available to advisory memorandum activity and II. Approve Minutes From 9/28 Meeting registered users at http:// review a potential op-Ed. III. Discuss and Review Draft Op-Ed IV. Public Comment access.trade.gov and is available to all DATES: These meetings will be held on V. Next Steps parties in the Central Records Unit, Thursday, October 18, 2018 at 12:00 VI. Adjournment Room B8024 of the main Department of p.m. MST. Commerce building. In addition, a Public Call Information: Dial: 800– Dated: October 9, 2018. complete version of the Preliminary 667–5617, Conference ID: 3860125. David Mussatt, Decision Memorandum can be accessed FOR FURTHER INFORMATION CONTACT: Ana Supervisory Chief, Regional Programs Unit. directly on the internet at http:// Victoria Fortes (DFO) at afortes@ [FR Doc. 2018–22238 Filed 10–11–18; 8:45 am] enforcement.trade.gov/frn/index.html. usccr.gov or (213) 894–3437. BILLING CODE P A list of the topics discussed in the SUPPLEMENTARY INFORMATION: This Preliminary Decision Memorandum is meeting is available to the public attached to this notice as an Appendix. through the following toll-free call-in DEPARTMENT OF COMMERCE The signed Preliminary Decision number: 800–667–5617, conference ID Memorandum and the electronic number: 3860125. Any interested International Trade Administration versions of the Preliminary Decision member of the public may call this [A–580–881] Memorandum are identical in content. number and listen to the meeting. Scope of the Order Callers can expect to incur charges for Certain Cold Rolled Steel Flat Products calls they initiate over wireless lines, From the Republic of Korea: The product covered by this order is and the Commission will not refund any Preliminary Results of Antidumping cold-rolled steel flat products (cold- incurred charges. Callers will incur no Duty Administrative Review and Partial rolled steel) from the Republic of Korea. charge for calls they initiate over land- Rescission of Review; 2016–2017 For the full text of the scope of the line connections to the toll-free order, see the Preliminary Decision AGENCY: telephone number. Persons with hearing Enforcement and Compliance, Memorandum. International Trade Administration, impairments may also follow the Methodology proceedings by first calling the Federal Department of Commerce. Commerce is conducting this Relay Service at 1–800–877–8339 and SUMMARY: The Department of Commerce administrative review in accordance providing the Service with the (Commerce) preliminarily determines with section 751(a) of the Tariff Act of conference call number and conference that Hyundai Steel Company (Hyundai) 1930, as amended (the Act). Constructed ID number. and POSCO/POSCO Daewoo Co., Ltd. export price is calculated in accordance Members of the public are entitled to (collectively POSCO/PDW), the two with section 772 of the Act. Normal make comments during the open period companies selected for individual at the end of the meeting. Members of examination, sold subject merchandise in the United States at prices below 1 See Initiation of Antidumping and the public may also submit written Countervailing Duty Administrative Reviews, 82 FR comments; the comments must be normal value during the POR. We invite 52268 (November 13, 2017). received in the Regional Programs Unit interested parties to comment on these 2 See Memorandum, ‘‘Decision Memorandum for within 30 days following the meeting. preliminary results. the Preliminary Results of the Antidumping Duty DATES: Applicable October 12, 2018. Administrative Review: Certain Cold Rolled Steel Written comments may be mailed to the Flat Products from the Republic of Korea; 2016– Western Regional Office, U.S. FOR FURTHER INFORMATION CONTACT: 2017,’’ dated October 3, 2018 (Preliminary Decision Commission on Civil Rights, 300 North Michael J. Heaney or Daniel Deku, AD/ Memorandum).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51662 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

value is calculated in accordance with Commerce will rescind an must be received successfully in its section 773 of the Act. For a full administrative review, in whole or in entirety by 5:00 p.m. Eastern Time description of the methodology part, if the party that requested the within 30 days of the date of publication underlying our conclusions, see the review withdraws its request within 90 of this notice.10 Requests should Preliminary Decision Memorandum. days of the date of publication of the contain: (1) The party’s name, address notice of initiation of the requested Rates for Non-Examined Companies and telephone number; (2) the number review. Accordingly, we are rescinding of participants; and (3) a list of issues The statute and Commerce’s this review with respect to the parties intend to discuss. Issues raised regulations do not address the companies for which all review requests in the hearing will be limited to those establishment of a rate to be applied to have been withdrawn. For a full raised in the respective case and companies not selected for individual description of the methodology and rebuttal briefs. If a request for a hearing examination when Commerce limits its rationale underlying our conclusions, is made, Commerce intends to hold the examination in an administrative review see the Preliminary Decision hearing at the U.S. Department of pursuant to section 777A(c)(2) of the Memorandum. Commerce, 1401 Constitution Avenue Act. Generally, Commerce looks to Preliminary Results of Review NW, Washington, DC 20230, at a date section 735(c)(5) of the Act, which and time to be determined.11 Parties provides instructions for calculating the Commerce preliminarily determines should confirm the date, time, and all-others rate in a market economy that, for the period March 7, 2016, location of the hearing two days before investigation, for guidance when through August 31, 2017, the following the scheduled date. calculating the rate for companies weighted-average dumping margins Commerce intends to issue the final which were not selected for individual exist: results of this administrative review, examination in an administrative including the results of its analysis of review. Under section 735(c)(5)(A) of Weighted- the issues raised in any case or rebuttal the Act, the all-others rate is normally average Producer or exporter dumping briefs, no later than 120 days after the ‘‘an amount equal to the weighted margin date of publication of this notice, unless average of the estimated weighted- (percent) extended.12 average dumping margins established for exporters and producers Hyundai ...... 36.59 Assessment Rates individually investigated, excluding any POSCO/PDW ...... 2.78 Upon completion of this Non-examined companies .... 11.68 zero or de minimis margins, and any administrative review, Commerce shall margins determined entirely {on the determine, and Customs and Border Disclosure, Public Comment, and basis of facts available}.‘‘ Protection (CBP) shall assess, Opportunity To Request a Hearing In this review, we have preliminarily antidumping duties on all appropriate calculated weighted-average dumping We intend to disclose the calculations entries. We intend to issue liquidation margins for Hyundai and POSCO/PDW performed for these preliminary results instructions to CBP 15 days after that are not zero, de minimis, or of review to interested parties within publication of the final results of this determined entirely on the basis of facts five days of the date of publication of review. available. Accordingly, we have this notice in accordance with 19 CFR For any individually examined preliminarily assigned to the company 351.224(b). Pursuant to 19 CFR respondent whose weighted-average not individually examined (i.e., 351.309(c), interested parties may dumping margin is not zero or de Hyundai Glovis Co., Ltd.) a margin of submit case briefs no later than 30 days minimis (i.e., less than 0.5 percent) in 11.68 percent, which is the weighted after the date of publication of this the final results of this review and the average of Hyundai and POSCO/PDW notice. Rebuttal briefs, the content of respondent reported reliable entered calculated weighted-average dumping which is limited to issues raised in the values, we will calculate importer- 3 margins. case briefs, may be filed no later than specific ad valorem assessment rates for Partial Rescission of Review five days after the date for filing case the merchandise based on the ratio of briefs.6 Parties who submit case briefs or the total amount of dumping calculated On February 14, 2018, the rebuttal briefs in this proceeding are for the examined sales made during the petitioners 4 timely withdrew their encouraged to submit with each period of review to each importer and review requests for certain companies.5 argument: (1) A statement of the issue; Pursuant to 19 CFR 351.213(d)(1), the total entered value of those same (2) a brief summary of the argument; sales, in accordance with 19 CFR and (3) a table of authorities.7 Case and 3 For more information regarding the calculation 351.212(b)(1). If the respondent has not of this margin, see Memorandum, ‘‘Calculation of rebuttal briefs should be filed using reported reliable entered values, we will the Margin for Non-Examined Companies,’’ dated ACCESS 8 and must be served on calculate a per-unit assessment rate for October 3, 2018. As the weighting factor, we relied interested parties.9 Executive each importer by dividing the total on the publicly ranged sales data reported in summaries should be limited to five Hyundai and POSCO/PDW quantity and value amount of dumping calculated for the charts. pages total, including footnotes. examined sales made to that importer by 4 The petitioners are ArcelorMittal USA LLC; AK Pursuant to 19 CFR 351.310(c), the total sales quantity associated with Steel Corporation; Nucor Corporation; Steel interested parties who wish to request a those transactions. Where an importer- Dynamics, Inc.; and United States Steel hearing must submit a written request to specific ad valorem assessment rate is Corporation. the Assistant Secretary for Enforcement 5 Ameri-Source Korea; Dongbu Steel Co., Ltd.; zero or de minimis in the final results Dongkuk Steel Mill Co., Ltd.; Dongkuk Industries, and Compliance, filed electronically via of review, we will instruct CBP to Co., Ltd.; GS Global Corp.; Hanawell Co., Ltd.; Commerce’s electronic records system, liquidate the appropriate entries Hankum Co., Ltd.; Hyuk San Profile Co., Ltd.; ACCESS. An electronically filed request without regard to antidumping duties in Kindus Inc.; Samsung C&T Corp.; Steel N Future; Taihan Electric Wire Co., Ltd.; and Uin Global Co. 6 See Petitioners’ Letter, ‘‘Cold-Rolled Steel Flat See 19 CFR 351.309(d). 10 See 19 CFR 351.310(c). Products from the Republic of Korea—Petitioners’ 7 See 19 CFR 351.309(c)(2) and (d)(2). 11 See 19 CFR 351.310(d). Partial Withdrawal of Administrative Review 8 See generally 19 CFR 351.303. 12 See section 751(a)(3)(A) of the Act and 19 CFR Request,’’ dated February 14, 2018. 9 See 19 CFR 351.303(f). 351.213(h).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51663

accordance with 19 CFR 351.106(c)(2). If others rate established in the less-than- SUMMARY: In March 2007, the a respondent’s weighted-average fair-value investigation. These cash Governments of the United States and dumping margin is zero or de minimis deposit requirements, when imposed, Brazil established the U.S.-Brazil CEO in the final results of review, we will shall remain in effect until further Forum. This notice announces the instruct CBP not to assess duties on any notice. opportunity for up to twelve individuals of its entries in accordance with the for appointment to the U.S. Section of Final Modification for Reviews, i.e., Notification to Importers the Forum. The three-year term of the ‘‘{w}here the weighted-average margin This notice serves as a preliminary incoming members of the U.S. Section of dumping for the exporter is reminder to importers of their starts on December 1, 2018, and will determined to be zero or de minimis, no responsibility under 19 CFR expire November 30, 2021. Nominations antidumping duties will be assessed.’’ 13 351.402(f)(2) to file a certificate received in response to this notice will For entries of subject merchandise regarding the reimbursement of also be considered for on-going during the POR produced by Hyundai antidumping duties prior to liquidation appointments to fill any future and POSCO/PDW for which the of the relevant entries during this POR. vacancies that may arise before producer did not know its merchandise Failure to comply with this requirement November 30, 2021. was destined for the United States, or could result in Commerce’s DATES: Applications for immediate for any respondent for which we have presumption that reimbursement of consideration should be received no a final determination of no shipments, antidumping duties occurred and the later than close of business October 31, we will instruct CBP to liquidate subsequent assessment of double 2018. After that date, applications will unreviewed entries at the all-others rate antidumping duties. continue to be accepted through if there is no rate for the intermediate November 30, 2021 to fill any new company (or companies) involved in the Notification to Interested Parties vacancies that may arise. 14 transaction. Commerce is issuing and publishing ADDRESSES: Please send requests for Cash Deposit Requirements these results in accordance with consideration to Raquel Silva, Office of Latin America and the Caribbean, U.S. The following cash deposit sections 751(a)(1) and 777(i)(1) of the Department of Commerce, either by requirements will be effective upon Act. email at [email protected] or by publication of the notice of final results Dated: October 3, 2018. mail to U.S. Department of Commerce, of this administrative review for all Gary Taverman, 1401 Constitution Avenue NW, Room shipments of the subject merchandise Deputy Assistant Secretary for Antidumping 30014, Washington, DC 20230. entered, or withdrawn from warehouse, and Countervailing Duty Operations, for consumption on or after the date of performing the non-exclusive functions and FOR FURTHER INFORMATION CONTACT: publication, as provided by section duties of the Assistant Secretary for Raquel Silva, Office of Latin America 751(a)(2)(C) of the Act: (1) The cash Enforcement and Compliance. and the Caribbean, U.S. Department of Commerce, telephone: (202) 482–4157. deposit rate for Hyundai, POSCO/PDW, Appendix and other companies listed in the final SUPPLEMENTARY INFORMATION: The results of review will be equal to the List of Topics Discussed in the Preliminary Secretary of Commerce and the Director Decision Memorandum weighted-average dumping margin of the National Economic Council, established in the final results of this 1. Summary together with the Planalto Casa Civil administrative review; (2) for 2. Background Minister (Presidential Chief of Staff) and 3. Scope of the Order the Brazilian Minister of Industry, merchandise exported by producers or 4. Partial Rescission of Administrative exporters not covered in this review but Foreign Trade & Services, co-chair the Review U.S.-Brazil CEO Forum (Forum), covered in a prior segment of the 5. Rates for Non-Examined Companies proceeding, the cash deposit rate will 6. Affiliation and Collapsing pursuant to the Terms of Reference continue to be the company-specific rate 7. Discussion of the Methodology signed in March 2007 by the U.S. and published for the most recently 8. Adjustments to Cash Deposit Rates for Brazilian governments, as amended, completed segment of this proceeding in Export Subsidies in Companion which set forth the objectives and which they were reviewed; (3) if the Countervailing Duty Review structure of the Forum. The Terms of exporter is not a firm covered in this 9. Currency Conversion Reference may be viewed at: http:// 10. Recommendation review or the original investigation but www.trade.gov/ceo-forum/. The Forum, the producer is, the cash deposit rate [FR Doc. 2018–22125 Filed 10–11–18; 8:45 am] consisting of both private and public will be the rate established for the most BILLING CODE 3510–DS–P sector members, brings together leaders recently completed segment of this of the respective business communities proceeding for the producer of the of the United States and Brazil to merchandise; (4) the cash deposit rate DEPARTMENT OF COMMERCE discuss issues of mutual interest, particularly ways to strengthen the for all other producers or exporters will International Trade Administration continue to be 20.33 percent,15 the all- economic and commercial ties between the two countries. The Forum consists Request for Applicants for 13 of the U.S. and Brazilian Government See Antidumping Proceedings: Calculation of Appointment to the United States- the Weighted-Average Dumping Margin and co-chairs and a Committee comprised of Brazil CEO Forum Assessment Rate in Certain Antidumping private sector members. The Committee Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 2012) (Final Modification for AGENCY: International Trade is composed of two Sections, each Reviews). Administration, Department of consisting of approximately ten to 14 See Antidumping and Countervailing Duty Commerce. twelve members from the private sector, Proceedings: Assessment of Antidumping Duties, 68 representing the views and interests of ACTION: FR 23954 (May 6, 2003). Notice. the private sector business community 15 See Certain Cold Rolled Steel Flat Products from Brazil, India, the Republic of Korea, and the in the United States and Brazil. Each United Kingdom: Amended Final Affirmative United Kingdom and Antidumping Duty Orders, 81 government appoints the members to its Antidumping Determinations for Brazil and the FR 64432 (September 20, 2016) (Order). respective Section. The Committee

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51664 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

provides joint recommendations to the members will be responsible for all issues outlined in the section on Matters two governments that reflect private travel and related expenses associated to be Considered. sector views, needs and concerns with their participation in the Forum, DATES: The meeting will be held regarding the creation of an economic including attendance at Committee and Thursday, November 1, 2018 from 9:00 environment in which their respective Section meetings. Only appointed a.m. EDT to 5:00 p.m. EDT and on private sectors can partner, thrive and members may participate in official Friday, November 2, 2018 from 9:00 enhance bilateral commercial ties to Forum meetings; substitutes and a.m. EDT to 12:00 p.m. EDT. These expand trade between the United States alternates will not be designated. times and the agenda topics described and Brazil. According to the current Terms of below are subject to change. Please refer This notice seeks candidates to fill up Reference, members are normally to to the web page www.sab.noaa.gov/ to twelve positions on the U.S. Section serve three-year terms, but may be SABMeetings.aspx for the most up-to- of the Forum as well as any future reappointed. date meeting times and agenda. vacancies that may arise before To be considered for membership, ADDRESSES: The meeting will be held at November 30, 2021. Each candidate please submit the following information The Doubletree Bethesda, 8120 must be the Chief Executive Officer or as instructed in the ADDRESSES and Wisconsin Ave., Bethesda, MD 20814. President (or have a comparable level of DATES captions above: Name(s) and FOR FURTHER INFORMATION CONTACT: Dr. responsibility) of a U.S.-owned or title(s) of the individual(s) requesting Cynthia Decker, Executive Director, -controlled company that is consideration; name and address of Science Advisory Board, NOAA, Rm. incorporated or otherwise organized in company’s headquarters; location of 11230, 1315 East-West Highway, Silver and has its main headquarters in the incorporation; information that the Spring, Maryland 20910. (Phone: 301– United States and that is currently doing company is U.S.-owned or U.S.- 734–1156, Fax: 301–713–1459, Email: business in both Brazil and the United controlled; size of the company; size of [email protected]); or visit the States. Each candidate also must be a company’s export trade, investment, NOAA SAB website at http:// U.S. citizen or otherwise legally and nature of operations or interest in www.sab.noaa.gov. authorized to work in the United States Brazil; an affirmative statement that the SUPPLEMENTARY INFORMATION: The and able to travel to Brazil and locations applicant meets all Forum eligibility Science Advisory Board (SAB) was in the United States to attend official criteria and is neither registered nor established by a Decision Memorandum Forum meetings as well as independent required to register as a foreign agent dated September 25, 1997, and is the U.S. Section and Committee meetings. under the Foreign Agents Registration only Federal Advisory Committee with In addition, the candidate may not be a Act of 1938, as amended; and a brief responsibility to advise the Under registered foreign agent under the statement of why the candidate should Secretary of Commerce for Oceans and Foreign Agents Registration Act of 1938, be considered, including information Atmosphere on strategies for research, as amended. Evaluation of applications about the candidate’s ability to initiate education, and application of science to for membership in the U.S. Section by and be responsible for activities in operations and information services. eligible individuals will be based on the which the Forum will be active, and SAB activities and advice provide following criteria: commitment to attending the majority of necessary input to ensure that National —A demonstrated commitment by the Forum meetings. Applications will be Oceanic and Atmospheric individual’s company to the Brazilian considered as they are received. All Administration (NOAA) science market either through exports or candidates will be notified of whether programs are of the highest quality and investment. they have been selected. provide optimal support to resource —A demonstrated strong interest in Dated: October 4, 2018. management. Brazil and its economic development. Alexander Peacher, Matters to be considered: The meeting —The ability to offer a broad will include the following topics: (1) perspective and business experience Acting Director for the Office of Latin America & the Caribbean. Discussion on the Ecosystems to the discussions. [FR Doc. 2018–22215 Filed 10–11–18; 8:45 am] Management Working Group Report —The ability to address cross-cutting (ESMWG) on Citizen Science; (2) BILLING CODE 3510–HE–P issues that affect the entire business Updates and information on elements of community. the SAB work plan; and (3) Update from —The ability to initiate and be DEPARTMENT OF COMMERCE the Acting NOAA Administrator and a responsible for activities in which the NOAA Science Update. Forum will be active. National Oceanic and Atmospheric Status: The meeting will be open to —A demonstrated commitment and Administration public participation with a 15-minute ability to attend the majority of Forum public comment period on November meetings. Science Advisory Board (SAB); Public 1st from 4:45–5:00 p.m. EDT (check Members will be selected on the basis Meeting of the NOAA Science Advisory website to confirm time). The SAB of who will best carry out the objectives Board expects that public statements presented of the Forum as stated in the Terms of at its meetings will not be repetitive of Reference establishing the U.S.-Brazil AGENCY: Office of Oceanic and previously submitted verbal or written CEO Forum. The U.S. Section of the Atmospheric Research (OAR), National statements. In general, each individual Forum should also include members Oceanic and Atmospheric or group making a verbal presentation that represent a diversity of business Administration (NOAA), Department of will be limited to a total time of two (2) sectors and geographic locations. To the Commerce (DOC). minutes. Individuals or groups planning extent possible, U.S. Section members ACTION: Notice of open meeting. to make a verbal presentation should also should represent a cross-section of contact the SAB Executive Director by small, medium, and large firms. SUMMARY: This notice sets forth the October 23, 2017 to schedule their U.S. members will receive no schedule and proposed agenda of a presentation. Written comments should compensation for their participation in meeting of the NOAA Science Advisory be received in the SAB Executive Forum-related activities. Individual Board (SAB). The members will discuss Director’s Office by October 25, 2018, to

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51665

provide sufficient time for SAB review. established by the Secretary of public review. We are soliciting review Written comments received by the SAB Commerce (Secretary), and, since 1971, and comment from the public and all Executive Director after October 25, advises the Secretary on all living interested parties on the Draft Plan, and 2018, will be distributed to the SAB, but marine resource matters that are the will consider all substantive comments may not be reviewed prior to the responsibility of the Department of received during the review period meeting date. Seating at the meeting Commerce. The complete charter and before submitting the Plan for final will be available on a first-come, first- summaries of prior meetings are located approval. We also are initiating a 5-year served basis. online at http://www.nmfs.noaa.gov/ review of the blue whale and are Special accommodations: These ocs/mafac/. requesting new information on its meetings are physically accessible to status. Matters To Be Considered people with disabilities. Requests for DATES: Comments on the Draft Plan and special accommodations may be This meeting time and agenda are information for the 5-year review must directed no later than 12:00 p.m. on subject to change. be received by December 11, 2018. October 25, 2018, to Dr. Cynthia Decker, The meeting is convened to hear presentations and updates and to ADDRESSES: You may submit comments SAB Executive Director, SSMC3, Room on the Draft Plan and information for 11230, 1315 East-West Highway, Silver discuss policies and guidance on the following topics: Building consumer the 5-year review, identified by NOAA– Spring, MC 20910; Email: NMFS–2017–0078, by either of the [email protected]. confidence and support for U.S. seafood; recreational fisheries and following methods: Dated: September 24, 2018. • Electronic Submission: Submit all fishing effort surveys; Saltonstall electronic public comments on the Draft David Holst, Kennedy grant objectives and processes; Plan and information for the 5-year Chief Financial Officer/Administrative Columbia Basin Partnership Task Force review via the Federal eRulemaking Officer, Office of Oceanic and Atmospheric efforts on the conservation and Research, National Oceanic and Atmospheric Portal. Go to www.regulations.gov/ restoration of salmon and steelhead; Administration. #!docketDetail;D=NOAA-NMFS-2017- aquaculture; and the budget outlook for [FR Doc. 2018–22245 Filed 10–11–18; 8:45 am] 0078. Click the ‘‘Comment Now!’’ icon, FY2019. MAFAC will discuss various complete the required fields, and enter BILLING CODE 3510–KD–P administrative and organizational or attach your comments. matters, and meetings of subcommittees • Mail: Submit written comments on DEPARTMENT OF COMMERCE and working groups will be convened. the Draft Plan or information for the 5- Special Accommodations year review to Chris Yates, Assistant National Oceanic and Atmospheric Regional Administrator, Protected Administration The meeting is physically accessible to people with disabilities. Requests for Resources Division, NMFS, West Coast RIN 0648–XG532 sign language interpretation or other Regional Office, Attn: Nancy Young, auxiliary aids should be directed to 7600 Sand Point Way NE, Seattle, WA Marine Fisheries Advisory Committee Heidi Lovett; 301–427–8034 by October 98115. Instructions: Comments or Meeting 26, 2018. information sent by any other method, AGENCY: National Marine Fisheries Dated: October 9, 2018. to any other address or individual, or Service (NMFS), National Oceanic and Jennifer Lukens, received after the end of the comment Atmospheric Administration (NOAA), Director for the Office of Policy, National period, may not be considered by Commerce. Marine Fisheries Service. NMFS. All comments and information ACTION: Notice of open public meeting. [FR Doc. 2018–22251 Filed 10–11–18; 8:45 am] received are a part of the public record BILLING CODE 3510–22–P and will generally be posted for public SUMMARY: This notice sets forth the proposed schedule and agenda of a viewing on www.regulations.gov without change. All personal identifying forthcoming meeting of the Marine DEPARTMENT OF COMMERCE Fisheries Advisory Committee information (e.g., name, address, etc.), confidential business information, or (MAFAC). The members will discuss National Oceanic and Atmospheric and provide advice on issues outlined otherwise sensitive information Administration submitted voluntarily by the sender will under SUPPLEMENTARY INFORMATION below. RIN 0648–XF520 be publicly accessible. NMFS will accept anonymous comments (enter DATES: The meeting will be held Endangered and Threatened Species; ‘‘N/A’’ in the required fields if you wish November 6 and 7, 2018, from 8:30 a.m. Recovery Plan for the Blue Whale and to remain anonymous. to 5 p.m., and November 8, from 8:30 Notice of Initiation of a 5-year Review The Draft Plan is available online at a.m. to 1 p.m. www.regulations.gov/#!docketDetail;D= AGENCY: National Marine Fisheries ADDRESSES: The meeting will be held at NOAA-NMFS-2017-0078 or upon Service (NMFS), National Oceanic and the Sheraton Silver Spring Hotel, 8777 request from the NMFS West Coast Atmospheric Administration (NOAA), Georgia Ave., Silver Spring, MD 20910; Region, Protected Resources Division. Commerce. 301–589–0800. FOR FURTHER INFORMATION CONTACT: ACTION: Notice of availability of draft FOR FURTHER INFORMATION CONTACT: Nancy Young, (206) 526–6550, recovery plan; request for comments; Heidi Lovett, MAFAC Assistant [email protected]; or Therese notice of initiation of a 5-year review; Director; 301–427–8034; email: Conant, (916) 930–3627, request for information. [email protected]. [email protected]. SUPPLEMENTARY INFORMATION: As SUMMARY: We, the National Marine SUPPLEMENTARY INFORMATION: The required by section 10(a)(2) of the Fisheries Service (NMFS), announce the Endangered Species Act (ESA) of 1973, Federal Advisory Committee Act, 5 availability of the Draft Revised as amended (16 U.S.C. 1531 et seq.), U.S.C. App. 2, notice is hereby given of Recovery Plan (Draft Plan) for the Blue requires that NMFS develop and a meeting of MAFAC. The MAFAC was Whale (Balaenoptera musculus) for implement recovery plans for the

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51666 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

conservation and survival of threatened summarizes new information on blue of some populations relative to the and endangered species under its whale natural history, population status, downlisting and delisting abundance jurisdiction, unless it is determined that and potential threats; establishes new criteria. In the future, as more such plans would not promote the demographic and threat-based recovery information is obtained, it may be conservation of the species. Section criteria; and outlines a revised set of possible to develop estimates for the full 4(f)(1) of the ESA requires that recovery recovery actions, priority numbers, and time to recovery and its expense. plans incorporate: (1) Objective, estimated blue whale recovery program measurable criteria which, when met, cost over an initial 5-year period. NMFS is seeking peer review of the would result in a determination that the Commercial whaling was the main Draft Plan concurrent with public species is no longer threatened or cause of blue whales’ historical decline, review. NMFS will consider all endangered; (2) site-specific and is not a current operative threat substantive comments and information management actions necessary to only because an international provided during the public comment achieve the plan’s goals; and (3) moratorium on commercial whaling period and by peer reviewers as we estimates of the time required and costs remains in place. Therefore, a primary finalize this Plan. NMFS is also seeking to implement recovery actions. strategy of the Draft Plan is to maintain input on the format of the final Plan and The blue whale (Balaenoptera the international ban on commercial will consider approaches such as the musculus) was listed as endangered hunting that was instituted in 1986. The U.S. Fish and Wildlife Service three- throughout its range under the precursor Draft Plan also provides a strategy to part framework for recovery planning to the ESA, the Endangered Species improve our understanding of how and implementation (https:// Conservation Act of 1969, and remained potential threats may be limiting blue www.fws.gov/endangered/esa-library/ on the list of threatened and endangered whale recovery. Finally, the Draft Plan pdf/RPI-Feb2017.pdf). NMFS is also species after the passage of the ESA in provides a research strategy to obtain seeking input on the format of the final 1973 (35 FR 8491; June 2, 1970). We data necessary to determine blue whale Plan and will consider approaches such prepared a recovery plan for the blue taxonomy, population structure, as the U.S. Fish and Wildlife Service whale that was released for public distribution, and habitat, which can three-part framework for recovery comment and review on August 1, 1997 then inform estimation of population (62 FR 41367) and finalized on October abundance and trends. After the planning and implementation. Once 23, 1998 (63 FR 56911). On April 17, populations and their potential threats finalized, the Plan will be used to guide 2012, we announced our intent to are more fully understood, NMFS will U.S. activities and to encourage update the blue whale recovery plan modify the Plan to more specifically international cooperation to promote the and requested relevant information from include actions to minimize any threats recovery of this endangered species. the public (77 FR 22760). that are determined to be limiting NMFS’ goal is to restore endangered NMFS received eight comments in recovery. blue whales to the point where they no response to the 2012 request for The total time and cost to recovery are longer need the protections of the ESA. information, three of which contained not possible to predict with the current In addition, the ESA requires that we substantive information on blue whale information, particularly given the conduct a review of listed species at distribution and habitat use, abundance, uncertainty in the significance of least once every five years. On the basis and potential threats or limiting factors potential threats and any actions that of such review under section 4(c)(2)(B), such as prey competition, noise and might be required to address them. we determine whether any species disturbance, climate change and ocean Thus, an estimate of the time required acidification, hunting, and ship strikes. and the cost to carry out those recovery should be removed from the list (i.e., Information provided by commenters actions needed to achieve the Plan’s delisted) or reclassified from has been considered and incorporated goal and to achieve intermediate steps endangered to threatened or from into the revised Draft Plan where (beyond five years) is not practicable. threatened to endangered (16 U.S.C. appropriate. In addition, one commenter Conducting research necessary to 1533(c)(2)(B)). Any change in Federal recommended that NMFS convene a evaluate the impact of the potential classification would require a separate recovery team and revise, rather than threats to blue whales, and developing, rulemaking process. The regulations in update the Plan. The commenter also implementing, and evaluating the 50 CFR 424.21 require that we publish recommended that the revised Plan effectiveness of recovery actions to a notice in the Federal Register address blue whales globally, rather reduce threats or potential threats may announcing those species currently than just the North Atlantic and North take decades. The minimum data under active review. This notice Pacific populations; establish recovery needed to satisfy the demographic announces our active review of the blue criteria; and provide sufficient direction (abundance and trend) criteria for whale listed as endangered (35 FR to adequately identify and address downlisting or delisting are population 18319; December 2, 1970), as well as threats, particularly ship strikes, noise structure studies and abundance announcing the availability of the Draft pollution, climate change and ocean surveys, which will also take decades, Plan. Comments and information acidification. given the species’ global distribution submitted will be considered in The Draft Plan now available for and the need to evaluate the abundance finalizing the Plan and under the 5-year public review and comment is a trend across a minimum of 30 years (as review as applicable. revision to the 1998 Plan, rather than an required by the trend criterion). If the update, because of the extent of the necessary research is undertaken and Authority: 16 U.S.C. 1531 et seq. changes. Similar to other, recent demonstrates that the abundance and Dated: October 5, 2018. recovery plans for large whales (i.e., fin trend criteria have been met, and Angela Somma, whale, sei whale, sperm whale, North potential threats are evaluated and, as Pacific right whale), the revision was necessary, minimized or eliminated, it Chief, Endangered Species Conservation drafted by NMFS without a recovery might be feasible to downlist or delist Division, Office of Protected Resources, team. The Draft Plan expands the blue whales in 30 years. However, the National Marine Fisheries Service. geographical extent of the 1998 Plan by time to recovery is likely greater, given [FR Doc. 2018–22218 Filed 10–11–18; 8:45 am] addressing blue whales worldwide; the available information on abundance BILLING CODE 3510–22–P

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00007 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51667

DEPARTMENT OF COMMERCE Although non-emergency issues not is available at the Pacific Council office contained in this agenda may come (address below). To attend the webinar: National Oceanic and Atmospheric before this group for discussion, those (1) Join the GoToWebinar by visiting Administration issues may not be the subject of formal this link https://www.gotomeeting.com/ RIN 0648–XG526 action during these meetings. Action webinar (Click ‘‘Join a Webinar’’ in top will be restricted to those issues right corner of page), (2) Enter the New England Fishery Management specifically listed in this notice and any Webinar ID: 536–654–323, and (3) enter Council; Public Meeting issues arising after publication of this your name and email address (required). notice that require emergency action After logging into the webinar, you must AGENCY: National Marine Fisheries under section 305(c) of the Magnuson- use your telephone for the audio portion Service (NMFS), National Oceanic and Stevens Act, provided the public has of the meeting. Dial this TOLL number Atmospheric Administration (NOAA), been notified of the Council’s intent to 1–213–929–4212, enter the Attendee Commerce. take final action to address the phone audio access code 935–797–812, ACTION: Notice; public meeting. emergency. The public also should be and enter your audio phone pin (shown aware that the meeting will be recorded. after joining the webinar). System SUMMARY: The New England Fishery Consistent with 16 U.S.C. 1852, a copy Requirements: For PC-based attendees: Management Council (Council) is of the recording is available upon Required: Windows® 7, Vista, or XP; for scheduling a public meeting of its request. Mac®-based attendees: Required: Mac Enforcement Committee and Advisory OS® X 10.5 or newer; for Mobile Special Accommodations Panel to consider actions affecting New attendees: Required: iPhone®, iPad®, England fisheries in the exclusive This meeting is physically accessible AndroidTM phone or Android tablet (See economic zone (EEZ). to people with disabilities. Requests for https://www.gotomeeting.com/webinar/ Recommendations from this group will sign language interpretation or other ipad-iphone-android-webinar-apps). be brought to the full Council for formal auxiliary aids should be directed to You may send an email to Mr. Kris consideration and action, if appropriate. Thomas A. Nies, Executive Director, at Kleinschmidt at Kris.Kleinschmidt@ DATES: This meeting will be held on (978) 465–0492, at least 5 days prior to noaa.gov or contact him at (503) 820– Thursday, November 1, 2018, beginning the meeting date. 2280, extension 411 for technical at 9:30 a.m. Authority: 16 U.S.C. 1801 et seq. assistance. ADDRESSES: The meeting will be held at Dated: October 5, 2018. Council address: Pacific Fishery the Hilton Garden Inn, Boston Logan, Tracey L. Thompson, Management Council, 7700 NE 100 Boardman Street, Boston, MA Ambassador Place, Suite 101, Portland, 02128; phone: (617) 567–6789. Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. OR 97220. Council address: New England Fishery Management Council, 50 Water [FR Doc. 2018–22200 Filed 10–11–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Street, Mill 2, Newburyport, MA 01950. BILLING CODE 3510–22–P Todd Phillips, Staff Officer; telephone: (503) 820–2426. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Thomas A. Nies, Executive Director, DEPARTMENT OF COMMERCE The New England Fishery Management primary purpose of the GMT webinar is Council; telephone: (978) 465–0492. National Oceanic and Atmospheric to prepare for the Pacific Council’s SUPPLEMENTARY INFORMATION: Administration November 2018 agenda items. The GMT’s task is to develop Agenda RIN 0648–XG519 recommendations for consideration by The VMS/Enforcement Committee Pacific Fishery Management Council; the Pacific Council at its November will meet to discuss the cod end Public Meeting 2018 meeting. The GMT will focus Compliance Assistance Program (CAP) discussions on items related to and potential changes to it, enforcement AGENCY: National Marine Fisheries groundfish management and of cod discards, enforcement of the Service (NMFS), National Oceanic and administrative Pacific Council agenda Atlantic Large Whale Take Reduction Atmospheric Administration (NOAA), items. A detailed agenda for the webinar Plan (ALWTRP), and enforcement Commerce. will be available on the Pacific participation at Plan Development Team ACTION: Notice of public meeting Council’s website prior to the meeting. (PDT) meetings. The Committee will (webinar). The GMT may also address other have a demonstration of the Omega assignments relating to groundfish SUMMARY: electronic mesh measurement gauge, The Pacific Fishery management. No management actions receive a report comparing the Omega Management Council (Pacific Council) will be decided by the GMT. gauge with the current wedge-shaped will convene a webinar meeting of its Although non-emergency issues not gauge, and discuss possible Secretarial Groundfish Management Team (GMT) to contained in the meeting agenda may be Action to include the Omega gauge in discuss items on the Pacific Council’s discussed, those issues may not be the the regulations. The Committee will November 2018 meeting agenda. The subject of formal action during this review alternatives under consideration meeting is open to the public. meeting. Action will be restricted to in the Habitat clam dredge framework DATES: The webinar meeting will be those issues specifically listed in this and provide recommendations regarding held Tuesday, October 30, 2018, from 1 notice and any issues arising after their enforceability. p.m. to 4:30 p.m. Pacific Daylight Time. publication of this notice that require The Committee seeks fishermen’s The scheduled ending time for the GMT emergency action under Section 305(c) input on several items, specifically webinar is an estimate; the meeting will of the Magnuson-Stevens Fishery nearshore trawler boardings and adjourn when business for the day is Conservation and Management Act, enforcement operations in general, and completed. provided the public has been notified of encourages fishermen to attend. Other ADDRESSES: This meeting will be held the GMT’s intent to take final action to business will be discussed as necessary. via webinar. A public listening station address the emergency.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51668 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Special Accommodations equal to 80 inches. For Area 3A, the may include buildings, parks and The public listening station is baseline management measure includes memorials. Draft agendas and additional physically accessible to people with regulations applicable to charter halibut information regarding the Commission disabilities. Requests for sign language fishing in all areas, and an annual limit are available on our website: interpretation or other auxiliary aids of 4 fish, a daily limit of two fish, one www.cfa.gov. Inquiries regarding the should be directed to Mr. Kris fish of any size, and a second fish which agenda and requests to submit written Kleinschmidt (kris.kleinschmidt@ must be 28 inches or less in length. No or oral statements should be addressed noaa.gov, (503) 820–2280) at least 10 charter halibut fishing on Wednesdays, to Thomas Luebke, Secretary, U.S. days prior to the meeting date. all year, and no charter halibut fishing Commission of Fine Arts, at the above on July 10, July 17, July 24, July 31, address; by emailing [email protected] ; or Dated: October 5, 2018. August 7, and August 14. Committee by calling 202–504–2200. Individuals Tracey L. Thompson, recommendations will be incorporated requiring sign language interpretation Acting Deputy Director, Office of Sustainable into an analysis for Council review in for the hearing impaired should contact Fisheries, National Marine Fisheries Service. December 2018. The Council will the Secretary at least 10 days before the [FR Doc. 2018–22201 Filed 10–11–18; 8:45 am] recommend preferred management meeting date. measures for consideration by the BILLING CODE 3510–22–P Dated: September 21, 2018 in Washington International Pacific Halibut DC. Commission at its January 2019 DEPARTMENT OF COMMERCE meeting, for implementation in 2019. Thomas Luebke, Resources will be available on the Secretary. National Oceanic and Atmospheric Council’s Charter Halibut Management [FR Doc. 2018–21827 Filed 10–11–18; 8:45 am] Administration Committee web page at https:// BILLING CODE 6330–01–M RIN 0648–XG511 www.npfmc.org/halibut-charter- management/charter-management- North Pacific Fishery Management committee/. The Agenda is subject to Council; Public Meeting change, and the latest version will be COMMITTEE FOR PURCHASE FROM posted at: https://www.npfmc.org/ PEOPLE WHO ARE BLIND OR AGENCY: National Marine Fisheries committees/charter-management- SEVERELY DISABLED Service (NMFS), National Oceanic and committee. Atmospheric Administration (NOAA), Procurement List; Additions; Commerce. Public Comment Correction ACTION: Notice of public meeting. Public comment letters will be accepted and should be submitted either AGENCY: Committee for Purchase From SUMMARY: The North Pacific Fishery electronically to Steve MacLean, People Who Are Blind or Severely Management Council (Council) Charter Council staff: [email protected] Disabled. Halibut Management Committee will or through the mail: North Pacific ACTION: Notice; correction. meet in October, in Anchorage, AK. Fishery Management Council, 605 West DATES: The meeting will be held on 4th Ave., Suite 306, Anchorage, AK SUMMARY: The Committee for Purchase Tuesday, October 30, 2018 from 10 a.m. 99501–2252. In-person oral public From People Who Are Blind or Severely to 4 p.m. AKDT time. testimony will be accepted at the Disabled published a document in the ADDRESSES: discretion of the chairman. The meeting will be held in Federal Register on October 5, 2018, the Old Federal Building, 605 W 4th Special Accommodations concerning a notice of additions for Ave., Suite 205, Anchorage, AK 99501– NSNs: 8455–00–NIB–0139—Name Tape, 2252. Teleconference line: (907) 271– The meeting is physically accessible to people with disabilities. Requests for Embroidered, USAF, Tigerstripe, 8455– 2896. 00–NIB–0140, Service Tape, Council address: North Pacific sign language interpretation or other Embroidered, USAF, Tigerstripe and Fishery Management Council, 605 West auxiliary aids should be directed to 8455–00–NIB–0141, Name tags, Plastic, 4th Ave., Suite 306, Anchorage, AK Shannon Gleason at (907) 271–2809 at Engraved, USAF, Blue to the 99501–2252; telephone: (907) 271–2809. least 7 working days prior to the meeting date. Procurement List for the 100% of the FOR FURTHER INFORMATION CONTACT: U.S. Air Force. These products are Steve MacLean, Council staff; Dated: October 5, 2018. currently on the Procurement List as a telephone: (907) 271–2809. Tracey L. Thompson, service however, the Air Force SUPPLEMENTARY INFORMATION: Acting Deputy Director, Office of Sustainable determined to award the next contract Fisheries, National Marine Fisheries Service. Agenda as a product. As the name tapes and tags [FR Doc. 2018–22199 Filed 10–11–18; 8:45 am] are currently provided under the Tuesday, October 30, 2018 BILLING CODE 3510–22–P AbilityOne Program, they should not The purpose of the Charter Halibut have appeared on Friday, October 5, Management Committee meeting is to 2018, 83 FR 50347. COMMISSION OF FINE ARTS identify a range of potential FOR FURTHER INFORMATION CONTACT: management measures for the Area 2C Notice of Meeting Michael R. Jurkowski, Telephone: (703) and Area 3A charter halibut fisheries in 603–2117. 2019 using the management measures in The next meeting of the U.S. place for 2018 as a baseline. For Area Commission of Fine Arts is scheduled Dated: October 9, 2018. 2C, the baseline management measure for 18 October 2018, at 9:00 a.m. in the Michael R. Jurkowski, includes regulations applicable to Commission offices at the National Business Management Specialist, Business charter halibut fishing in all areas, and Building Museum, Suite 312, Judiciary Operations. a daily limit of one fish less than or Square, 401 F Street NW, Washington [FR Doc. 2018–22258 Filed 10–11–18; 8:45 am] equal to 38 inches or greater than or DC, 20001–2728. Items of discussion BILLING CODE 6353–01–P

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51669

COMMITTEE FOR PURCHASE FROM FORCE, FA3022 14 CONS LGCA 3. There are no known regulatory PEOPLE WHO ARE BLIND OR Michael R. Jurkowski, alternatives which would accomplish SEVERELY DISABLED the objectives of the Javits-Wagner- Business Management Specialist, Business Operations. O’Day Act (41 U.S.C. 8501–8506) in Procurement List; Proposed Deletions connection with the products and [FR Doc. 2018–22260 Filed 10–11–18; 8:45 am] services deleted from the Procurement AGENCY: Committee for Purchase from BILLING CODE 6353–01–P List. People Who are Blind or Severely Disabled. End of Certification COMMITTEE FOR PURCHASE FROM Accordingly, the following products ACTION: Proposed deletions from the PEOPLE WHO ARE BLIND OR Procurement List. and services are deleted from the SEVERELY DISABLED Procurement List: SUMMARY: The Committee is proposing Procurement List; Deletions Products to delete a product and services from NSN(s)—Product Name(s): 8465–01–463– AGENCY: Committee for Purchase From the Procurement List that was 4649—Tent Bag, Personal Gear Pack previously furnished by nonprofit People Who Are Blind or Severely Mandatory Source of Supply: Helena agencies employing persons who are Disabled. Industries, Inc., Helena, MT blind or have other severe disabilities. ACTION: Deletions from the Procurement Contracting Activity: Defense Logistics Agency Troop Support DATES: Comments must be received on List. NSN(s)—Product Name(s): or before: November 11, 2018. SUMMARY: This action adds products and 8415–00–782–2949—Trousers, Cold ADDRESSES: Committee for Purchase services to the Procurement List that Weather, Unisex, Green, XSmall-Long from People Who are Blind or Severely will be furnished by nonprofit agencies 8415–00–782–2950—Trousers, Cold Disabled, 1401 S Clark Street, Suite 715, employing persons who are blind or Weather, Unisex, Green, Small-Short Arlington, Virginia 22202–4149. 8415–00–782–2951—Trousers, Cold have other severe disabilities, and Weather, Unisex, Green, Small-Regular FOR FURTHER INFORMATION CONTACT: For deletes products and services from the 8415–00–782–2952—Trousers, Cold further information or to submit Procurement List previously furnished Weather, Unisex, Green, Small-Long comments contact: Michael R. by such agencies. 8415–00–782–2953—Trousers, Cold Jurkowski, Telephone: (703) 603–2117, DATES: Date deleted from the Weather, Unisex, Green, Medium-Short Fax: (703) 603–0655, or email Procurement List: November 11, 2018. 8415–00–782–2954—Trousers, Cold [email protected]. Weather, Unisex, Green, Medium- ADDRESSES: Committee for Purchase Regular SUPPLEMENTARY INFORMATION: This From People Who Are Blind or Severely 8415–00–782–2955—Trousers, Cold notice is published pursuant to 41 Disabled, 1401 S Clark Street, Suite 715, Weather, Unisex, Green, Medium-Long U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its Arlington, Virginia 22202–4149. 8415–00–782–2956—Trousers, Cold purpose is to provide interested persons FOR FURTHER INFORMATION CONTACT: Weather, Unisex, Green, Large-Short an opportunity to submit comments on Michael R. Jurkowski, Telephone: (703) 8415–00–782–2957—Trousers, Cold the proposed actions. 603–2117, Fax: (703) 603–0655, or email Weather, Unisex, Green, Large-Regular 8415–00–782–2958—Trousers, Cold [email protected]. Deletions Weather, Unisex, Green, Large-Long SUPPLEMENTARY INFORMATION: 8415–00–782–2959—Trousers, Cold The following product and services Weather, Unisex, Green, Large-Short are proposed for deletion from the Deletions 8415–00–782–2960—Trousers, Cold Procurement List: On 9/7/2018 (83 FR 174), the Weather, Unisex, Green, Large-Regular 8415–00–782–2961—Trousers, Cold Product Committee for Purchase From People Who Are Blind or Severely Disabled Weather, Unisex, Green, Large-Long NSN(s)—Product Name(s): MR 377—Socks, published notice of proposed deletions Mandatory Source of Supply: Goodwill Holiday Industries of South Florida, Inc., Miami, Mandatory Source of Supply: Winston-Salem from the Procurement List. FL Industries for the Blind, Inc., Winston- After consideration of the relevant Contracting Activity: Defense Logistics Salem, NC matter presented, the Committee has Agency Troop Support Contracting Activity: Defense Commissary determined that the products and NSN(s)—Product Name(s): Agency services listed below are no longer MR 376—Resealable Bags, Holiday, 6.5″ x 5.875″ Services suitable for procurement by the Federal Government under 41 U.S.C. 8501–8506 MR 379—Storage Containers, Holiday, 12 Service Types: and 41 CFR 51–2.4. oz. or 16 oz., 6PK Grounds Maintenance Service Mandatory Source of Supply: Winston-Salem Janitorial/Custodial Service Regulatory Flexibility Act Certification Industries for the Blind, Inc., Winston- U.S. Army Reserve Facility: 4415 N Market Salem, NC Street, Mann Hall, Spokane, WA I certify that the following action will Contracting Activity: Defense Commissary U.S. Army Reserve Facility: N 3800 not have a significant impact on a Agency Sullivan Road, Spokane, WA substantial number of small entities. Mandatory Source of Supply: Good Works, The major factors considered for this Services Inc., Spokane, WA certification were: Service Type: Distribution of Licensed Contracting Activity: DEPT OF THE ARMY, 1. The action will not result in Products for the G.R.E.AT W6QM MICC FT MCCOY (RC) additional reporting, recordkeeping or Mandatory for: Department of the Treasury, Service Type: Disposal Support Service other compliance requirements for small Bureau of ATF, 650 Massachusetts Ave., Mandatory for: Columbus Air Force Base, Washington, DC Columbus AFB, MS entities. Mandatory Source of Supply: Industries for Mandatory Source of Supply: Alabama 2. The action may result in the Blind and Visually Impaired, Inc., Goodwill Industries, Inc., Birmingham, authorizing small entities to furnish the West Allis, WI AL products and services to the Contracting Activity: DEPARTMENT OF THE Contracting Activity: DEPT OF THE AIR Government. TREASURY

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51670 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Service Type: Mailing Support Service Service Type: Reproduction Service ADDRESSES: The meeting will be held in Mandatory for: Bureau of Public Debt Mandatory for: Army Materiel Command the Haig Room, Jefferson Hall, West (Offsite: 750 23rd St., Arlington, VA), Headquarters, Alexandria, VA Point, New York 10996. 200 Third Street, Parkersburg, WV Mandatory Source of Supply: Linden Mandatory Source of Supply: Linden Resources, Inc., Arlington, VA FOR FURTHER INFORMATION CONTACT: Mrs. Resources, Inc., Arlington, VA Contracting Activity: Dept of the Army, Deadra K. Ghostlaw, the Designated Contracting Activity: BUREAU OF THE W40M NORTHEREGION CONTRACT Federal Officer for the committee, in FISCAL SERVICE, PSB 3 OFC writing at: Secretary of the General Staff, Service Type: Custodial and Related Service Service Type: Mailroom Operation Service ATTN: Deadra K. Ghostlaw, 646 Swift Mandatory for: GSA, PBS Region 2, Michael Mandatory for: Fort Stewart, 1042 William H. Road, West Point, NY 10996; by email J. Dillon U.S. Federal Courthouse, 68 Wilson Avenue, Suite 219, Fort Stewart, at: [email protected] or BoV@ Court Street, Buffalo, NY GA usma.edu; or by telephone at (845) 938– Mandatory Source of Supply: Human Mandatory Source of Supply: Abilities, Inc. 4200. Technologies Corporation, Utica, NY of Florida, Clearwater, FL SUPPLEMENTARY INFORMATION: Contracting Activity: PUBLIC BUILDINGS Contracting Activity: Dept of the Army, The SERVICE, GSA PBS R2 ACQUISITION W40M NORTHEREGION CONTRACT committee meeting is being held under MANAGEMENT DIVISION OFC the provisions of the Federal Advisory Service Type: Janitorial/Custodial Service Service Type: Custodial Service Committee Act of 1972 (5 U.S.C., Mandatory for: Vancouver Army Barracks, Mandatory for: Consumer Financial Appendix, as amended), the Vancouver, WA Protection Bureau, (Limited areas Floors Government in the Sunshine Act of Mandatory Source of Supply: Relay 1, 3, 4 & 5), 1625 Eye Street NW, 1976 (5 U.S.C. 552b, as amended), and Resources, Portland, OR Washington, DC 41 CFR 102–3.150. The USMA BoV Contracting Activity: Dept of the Army, Mandatory Source of Supply: Service provides independent advice and W40M NORTHEREGION CONTRACT Disabled Veterans Business Association, recommendations to the President of the OFC Silver Springs, MD United States on matters related to Service Type: Mailroom Service Contracting Activity: CONSUMER FINANCIAL PROTECTION BUREAU, morale, discipline, curriculum, Mandatory for: National Labor Relations instruction, physical equipment, fiscal Board, HQ, 1099 14th Street NW, CFPB PROCUREMENT Washington, DC Service Type: Janitorial/Custodial Service affairs, academic methods, and any Mandatory Source of Supply: Linden Mandatory for: U.S. Army Reserve Center: other matters relating to the Academy Resources, Inc., Arlington, VA Los Angeles, Hazard Park, Los Angeles, that the Board decides to consider. Contracting Activity: National Labor CA Purpose of the Meeting: This is the Relations Board Mandatory Source of Supply: Lincoln 2018 Summer Meeting of the USMA Service Type: Mailroom Operation Service Training Center and Rehabilitation BoV. Members of the Board will be Mandatory for: U.S. Army Corps of Workshop, South El Monte, CA provided updates on Academy issues. Engineers: 20 Massachusetts Avenue, Contracting Activity: Dept of the Army, Agenda: Introduction; Board Business; Pulaski Building, Washington, DC W40M NORTHEREGION CONTRACT Superintendent Introduction: Cadet Mandatory Source of Supply: Linden OFC Presentations, Overview of Priorities, Resources, Inc., Arlington, VA Michael R. Jurkowski, Update on Study Day, Cadet Summer Contracting Activity: Dept of the Army, Training Assessment, Overview of W40M NORTHEREGION CONTRACT Business Management Specialist, Business OFC Operations. Recent Conferences and Events. Public’s Accessibility to the Meeting: Service Type: Janitorial/Custodial Service [FR Doc. 2018–22259 Filed 10–11–18; 8:45 am] Mandatory for: Naval Command Control & BILLING CODE 6353–01–P Pursuant to 5 U.S.C. 552b and 41 CFR Ocean Surveillance Center: East Coast 102–3.140 through 102–3.165 and Division Complex (trailers/laboratories), subject to the availability of space, this Charleston, SC DEPARTMENT OF DEFENSE meeting is open to the public. Seating is Mandatory Source of Supply: Palmetto on a first to arrive basis. Attendees are Goodwill Services, North Charleston, SC Department of the Army requested to submit their name, Contracting Activity: DEPT OF THE NAVY, affiliation, and daytime phone number NAVFAC SOUTHEAST Board of Visitors, United States seven business days prior to the meeting Service Type: Grounds Maintenance Service Military Academy (USMA) to Mrs. Ghostlaw, via electronic mail, Mandatory for: Lake Sonoma/Warm Springs the preferred mode of submission, at the Dam, Geyserville, CA AGENCY: Department of the Army, DoD. address listed in the FOR FURTHER Mandatory Source of Supply: Unknown ACTION: Notice of committee meeting. INFORMATION CONTACT Contracting Activity: Dept of the Army, section. Pursuant W40M NORTHEREGION CONTRACT to 41 CFR 102–3.140d, the committee is SUMMARY: Under the provisions of the not obligated to allow a member of the OFC Federal Advisory Committee Act of Service Type: Janitorial/Custodial Service public to speak or otherwise address the 1972, the Government in the Sunshine committee during the meeting, and Mandatory for: Environmental Protection Act of 1976, the Department of Defense Agency: Standard Chlorine Site, members of the public attending the Delaware City, DE announces that the following Federal committee meeting will not be Mandatory Source of Supply: The Chimes, advisory committee meeting will take permitted to present questions from the Inc., Baltimore, MD place. floor or speak to any issue under Contracting Activity: ENVIRONMENTAL DATES: The meeting will be held on consideration by the committee. PROTECTION AGENCY Friday, November 9, 2018, Time 9 a.m.– Because the committee meeting will be Service Type: Warehouse Operation Service 11:30 a.m. Members of the public held in a Federal Government facility on Mandatory for: National Labor Relations wishing to attend the meeting will be a military post, security screening is Board HQ, 1099 14th Street, Washington, DC required to show a government photo ID required. A government photo ID is Mandatory Source of Supply: Linden upon entering West Point in order to required to enter post. In order to enter Resources, Inc., Arlington, VA gain access to the meeting location. All the installation, members of the public Contracting Activity: NATIONAL LABOR members of the public are subject to must first go to the Visitor Control RELATIONS BOARD security screening. Center in the Visitor Center and go

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51671

through a background check before otherwise address the committee during 1976 (5 U.S.C. 552b, as amended), and being allowed access to the installation. the meeting. However, the committee 41 CFR 102–3.140 and 102–3.150. Members of the public then need to park Designated Federal Official and Purpose of the Meeting: The Advisory in Buffalo Soldier Field parking lot and Chairperson may choose to invite Committee on Arlington National ride the Central Post Area (CPA) shuttle certain submitters to present their Cemetery is an independent Federal bus to the meeting location. Please note comments verbally during the open advisory committee chartered to provide that all vehicles and persons entering portion of this meeting or at a future the Secretary of the Army independent the installation are subject to search meeting. The Designated Federal advice and recommendations on and/or an identification check. Any Officer, in consultation with the Arlington National Cemetery, including, person or vehicle refusing to be committee Chairperson, may allot a but not limited to, cemetery searched will be denied access to the specific amount of time for submitters to administration, the erection of installation. Members of the public present their comments verbally. memorials at the cemetery, and master should allow at least an hour for planning for the cemetery. The security checks and the shuttle ride. The Brenda S. Bowen, Secretary of the Army may act on the United States Military Academy, Army Federal Register Liaison Officer. committee’s advice and Jefferson Hall, is fully handicap [FR Doc. 2018–22143 Filed 10–11–18; 8:45 am] recommendations. The primary purpose accessible. Wheelchair access is BILLING CODE 5001–03–P of the Remember & Explore available at the south entrance of the Subcommittee is to recommend building. For additional information methods to maintain the Tomb of the about public access procedures, contact DEPARTMENT OF DEFENSE Unknown Soldier Monument, including Mrs. Ghostlaw, the committee’s the cracks in the large marble Designated Federal Officer, at the email Department of the Army sarcophagus, the adjacent marble slabs, and the potential replacement marble address or telephone number listed in Advisory Committee on Arlington FOR FURTHER INFORMATION CONTACT stone for the sarcophagus already gifted the National Cemetery; Notice of Federal to the Army; accomplish an section. Advisory Committee Meeting Written Comments or Statements: independent assessment of requests to Pursuant to 41 CFR 102–3.105(j) and AGENCY: Department of the Army, DoD. place commemorative monuments 102–3.140 and section 10(a)(3) of the ACTION: Notice of Federal Advisory within ANC; and identify means to Federal Advisory Committee Act, the Committee meeting. capture and convey ANC’s history, public or interested organizations may including Section 60 gravesite submit written comments or statements SUMMARY: The Department of Defense is mementos, and improve the quality of to the committee, in response to the publishing this notice to announce that visitors’ experiences now and for stated agenda of the open meeting or in the following Federal Advisory generations to come. The primary regard to the committee’s mission in Committee meeting of the Advisory purpose of the Honor subcommittee is general. Written comments or Committee on Arlington National to accomplish an independent statements should be submitted to Mrs. Cemetery, Remember and Explore assessment of methods to address the Ghostlaw, the committee Designated Subcommittee and Honor Subcommittee long-term future of the Army national Federal Officer, via electronic mail, the will take place. cemeteries, including how best to preferred mode of submission, at the DATES: The Remember and Explore extend the active burials and what ANC address listed in the FOR FURTHER Subcommittee will meet on Wednesday should focus on once all available space INFORMATION CONTACT section. Each page November 7, 2018 from 8:00 a.m. to 9:00 is used. of the comment or statement must a.m. The Honor Subcommittee will meet Agenda: The Remember and Explore include the author’s name, title or on November 7, 2018 from 9:30 a.m. to Subcommittee will deliberate proposals affiliation, address, and daytime phone 12:00 p.m. for commemorative monuments. The number. Written comments or Honor Subcommittee will deliberate ADDRESSES: The Remember and Explore ANC capacity and eligibility statements should be submitted to Mrs. and the Honor Subcommittees will meet considerations. Ghostlaw, the committee Designated in the Welcome Center Conference Federal Officer, via electronic mail, the Meeting Accessibility: Pursuant to 5 Room, Arlington National Cemetery, U.S.C. 552b and 41 CFR 102–3.140 preferred mode of submission, at the and Arlington, VA 22211. address listed in the FOR FURTHER through 102–3.165, and the availability FOR FURTHER INFORMATION CONTACT: INFORMATION CONTACT section. Written Mr. of space, this meeting is open to the comments or statements being Timothy Keating; Alternate Designated public. Seating is on a first-come basis. submitted in response to the agenda set Federal Officer for the subcommittees, The ANC Welcome Center Conference forth in this notice must be received by in writing at Arlington National room is readily accessible to and usable the Designated Federal Official at least Cemetery, Arlington VA 22211, or by by persons with disabilities. For seven business days prior to the meeting email at [email protected], additional information about public to be considered by the committee. The or by phone at 1–877–907–8585. access procedures, contact Mr. Timothy Designated Federal Official will review Website: http:// Keating, the Alternate Designated all timely submitted written comments www.arlingtoncemetery.mil/About/ Federal Officer, at the email address or or statements with the committee Advisory-Committee-on-Arlington- telephone number listed in the FOR Chairperson and ensure the comments National-Cemetery. The most up-to-date FURTHER INFORMATION CONTACT section. are provided to all members of the changes to the meeting agenda can be Written Statements: Pursuant to 41 committee before the meeting. Written found on the website. CFR 102–3.105(j) and 102–3.140 and comments or statements received after SUPPLEMENTARY INFORMATION: This section 10(a)(3) of the Federal Advisory this date may not be provided to the meeting is being held under the Committee Act, the public or interested committee until its next meeting. provisions of the Federal Advisory organizations may submit written Pursuant to 41 CFR 102–3.140d, the Committee Act (FACA) of 1972 (5 comments or statements to the committee is not obligated to allow a U.S.C., Appendix, as amended), the subcommittee, in response to the stated member of the public to speak or Government in the Sunshine Act of agenda of the open meeting or in regard

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51672 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

to the subcommittee’s mission in Committee meeting of the Advisory organizations may submit written general. Written comments or Committee on Arlington National comments or statements to the statements should be submitted to Mr. Cemetery will take place. Committee, in response to the stated Timothy Keating, the subcommittee’s DATES: The Committee will meet on agenda of the open meeting or in regard Alternate Designated Federal Officer, Wednesday, November 7, 2018 from to the Committee’s mission in general. via electronic mail, the preferred mode 1:00 p.m. to 4:00 p.m. Written comments or statements should of submission, at the address listed in ADDRESSES: Arlington National be submitted to Mr. Timothy Keating, the FOR FURTHER INFORMATION CONTACT Cemetery Welcome Center, Arlington the Alternate Designated Federal section. Each page of the comment or National Cemetery, Arlington, VA Officer, via electronic mail, the statement must include the author’s 22211. preferred mode of submission, at the name, title or affiliation, address, and address listed in the FOR FURTHER daytime phone number. Written FOR FURTHER INFORMATION CONTACT: Mr. comments or statements being Timothy Keating; Alternate Designated INFORMATION CONTACT section. Each page submitted in response to the agenda set Federal Officer for the Committee, in of the comment or statement must forth in this notice must be received by writing at Arlington National Cemetery, include the author’s name, title or the Designated Federal Officer at least Arlington, VA 22211, or by email at affiliation, address, and daytime phone seven business days prior to the meeting [email protected], or by number. Written comments or to be considered by the subcommittee. phone at 1–877–907–8585. Website: statements being submitted in response The Designated Federal Officer will http://www.arlingtoncemetery.mil/ to the agenda set forth in this notice review all timely submitted written About/Advisory-Committee-on- must be received by the Designated comments or statements with the Arlington-National-Cemetery. The most Federal Officer at least seven business respective subcommittee Chairperson, up-to-date changes to the meeting days prior to the meeting to be and ensure the comments are provided agenda can be found on the website. considered by the Committee. The to all members of the subcommittee SUPPLEMENTARY INFORMATION: This Designated Federal Officer will review before the meeting. Written comments meeting is being held under the all timely submitted written comments or statements received after this date provisions of the Federal Advisory or statements with the Committee Committee Act (FACA) of 1972 (5 may not be provided to the Chairperson, and ensure the comments U.S.C., Appendix, as amended), the subcommittee until its next meeting. are provided to all members of the Government in the Sunshine Act of Pursuant to 41 CFR 102–3.140d, the Committee before the meeting. Written subcommittee is not obligated to allow 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102–3.140 and 102–3.150. comments or statements received after the public to speak or otherwise address this date may not be provided to the the subcommittee during the meeting. Purpose of the Meeting: The Advisory Committee on Arlington National Committee until its next meeting. However, interested persons may Pursuant to 41 CFR 102–3.140d, the submit a written statement or a request Cemetery is an independent Federal Committee is not obligated to allow a to speak for consideration by the advisory committee chartered to provide member of the public to speak or subcommittee. After reviewing any the Secretary of the Army independent otherwise address the Committee during written statements or requests advice and recommendations on submitted, the subcommittee Arlington National Cemetery, including, the meeting. Members of the public will Chairperson and the Designated Federal but not limited to, cemetery be permitted to make verbal comments Officer may choose to invite certain administration, the erection of during the Committee meeting only at submitters to present their comments memorials at the cemetery, and master the time and in the manner described verbally during the open portion of this planning for the cemetery. The below. If a member of the public is meeting or at a future meeting. The Secretary of the Army may act on the interested in making a verbal comment Designated Federal Officer in Committee’s advice and at the open meeting, that individual consultation with the subcommittee recommendations. must submit a request, with a brief Agenda: The Committee will receive Chairperson, may allot a specific statement of the subject matter to be reports from subcommittees and amount of time for submitters to present addressed by the comment, at least three deliberate proposals for commemorative their comments verbally. (3) business days in advance to the monuments and ANC capacity and Committee’s Designated Federal Officer, Brenda S. Bowen, eligibility considerations. via electronic mail, the preferred mode Army Federal Register Liaison Officer. Meeting Accessibility: Pursuant to 5 of submission, at the addresses listed in [FR Doc. 2018–22133 Filed 10–11–18; 8:45 a.m.] U.S.C. 552b and 41 CFR 102–3.140 the FOR FURTHER INFORMATION CONTACT BILLING CODE 5001–03–P through 102–3.165, and the availability of space, this meeting is open to the section. The Designated Federal Officer public. Seating is on a first-come basis. will log each request, in the order DEPARTMENT OF DEFENSE The Arlington National Cemetery received, and in consultation with the conference room is readily accessible to Committee Chair determine whether the Department of the Army and usable by persons with disabilities. subject matter of each comment is For additional information about public relevant to the Committee’s mission Advisory Committee on Arlington access procedures, contact Mr. Timothy and/or the topics to be addressed in this National Cemetery; Notice of Federal Keating, the subcommittee’s Alternate public meeting. Members of the public Advisory Committee Meeting Designated Federal Officer, at the email who have requested to make a comment AGENCY: Department of the Army, DoD. address or telephone number listed in and whose comments have been ACTION: Notice of Federal Advisory the FOR FURTHER INFORMATION CONTACT deemed relevant under the process Committee meeting. section. described above, will be invited to Written Statements: Pursuant to 41 speak in the order in which their SUMMARY: The Department of Defense is CFR 102–3.105(j) and 102–3.140 and publishing this notice to announce that section 10(a)(3) of the Federal Advisory the following Federal Advisory Committee Act, the public or interested

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51673

requests were received by the recommendations to maximize the context and to provide any necessary Designated Federal Officer. safety and quality of, as well as access background information. If the written to, health care for DoD health care statement is not received at least five (5) Brenda S. Bowen, beneficiaries. The purpose of the business days prior to the meeting, the Army Federal Register Liaison Officer. meeting is to provide progress updates DFO may choose to postpone [FR Doc. 2018–22132 Filed 10–11–18; 8:45 am] on specific taskings before the DHB. In consideration of the statement until the BILLING CODE 5001–03–P addition, the DHB will receive next open meeting. The DFO will information briefings on current issues review all timely submissions with the related to military medicine. DHB President and ensure they are DEPARTMENT OF DEFENSE Agenda: Pursuant to 5 U.S.C. 552b provided to members of the DHB before and 41 CFR 102–3.140 through 102– Office of the Secretary the meeting that is subject to this notice. 3.165 and subject to availability of After reviewing the written comments, Defense Health Board; Notice of space, the meeting is open to the public the President and the DFO may choose Federal Advisory Committee Meeting from 9:00 a.m. to 5:00 p.m. on October to invite the submitter to orally present 30, 2018. The DHB anticipates receiving their issue during an open portion of AGENCY: Under Secretary of Defense for a decision brief from the Trauma and this meeting or at a future meeting. The Personnel and Readiness, Department of Injury Subcommittee on its Low- DFO, in consultation with the DHB Defense. Volume High-Risk Surgical Procedure President, may allot time for members of ACTION: Notice of Federal Advisory Review, a progress update on the the public to present their issues for Committee meeting. Healthy Military Family Systems: review and discussion by the DHB. Examining Child Abuse and Neglect SUMMARY: The Department of Defense tasking as well as a Periodic Health Dated: October 9, 2018. (DoD) is publishing this notice to Assessment Standardization Aaron T. Siegel, announce that the following Federal information briefing and updates related Alternate OSD Federal Register Liaison Advisory Committee meeting of the to previously submitted DHB reports. Officer, Department of Defense. Defense Health Board will take place. Any changes to the agenda can be found [FR Doc. 2018–22233 Filed 10–11–18; 8:45 am] DATES: Open to the public Tuesday, at the link provided in the BILLING CODE 5001–06–P October 30, 2018, from 9:00 a.m. to 5:00 SUPPLEMENTARY INFORMATION section. p.m. Meeting Accessibility: Pursuant to 5 DEPARTMENT OF DEFENSE ADDRESSES: The address of the open U.S.C. 552b, and 41 CFR 102–3.140 through 102–3.165 and subject to meeting is Defense Health Headquarters Office of the Secretary (DHHQ), 7700 Arlington Blvd., Pavilion availability of space, this meeting is Salons B and C, Falls Church, VA open to the public. Seating is limited [Docket ID DOD–2018–OS–0074] 22042. (Pre-meeting screening for and is on a first-come basis. All Privacy Act of 1974; Matching Program DHHQ access and registration required. members of the public who wish to attend the public meeting must register See guidance in SUPPLEMENTARY AGENCY: Office of the Secretary, by emailing their name, rank/title, and INFORMATION, ‘‘Meeting Accessibility.’’) Department of Defense (DoD). organization/company to FOR FURTHER INFORMATION CONTACT: dha.ncr.dhb.mbx.defense-health- ACTION: Notice of a new matching CAPT Juliann Althoff, Medical Corps, [email protected] or by contacting Ms. program. U.S. Navy, (703) 275–6060 (Voice), (703) Brigid McCarthy at (703) 275–6010 no SUMMARY: 275–6064 (Facsimile), later than 12:00 p.m. on Tuesday, The purpose of this Computer [email protected] (Email). October 23, 2018. Additional details Matching Agreement (CMA) is to verify Mailing address is 7700 Arlington will be required from all members of the eligibility for DoD/U.S. Coast Guard Boulevard, Suite 5101, Falls Church, public not having DHHQ access. (USCG) members of the Reserve forces Virginia 22042. Website: http:// Special Accommodations: Individuals who receive Veterans Affairs (VA) www.health.mil/dhb. The most up-to- requiring special accommodations to disability compensation or pension to date changes to the meeting agenda can access the public meeting should receive, in lieu and upon election, be found on the website. contact Ms. Brigid McCarthy at least five military pay and allowances when SUPPLEMENTARY INFORMATION: This (5) business days prior to the meeting so performing reserve duty. meeting is being held under the that appropriate arrangements can be DATES: Comments will be accepted on or provisions of the Federal Advisory made. before November 13, 2018. This Committee Act (FACA) of 1972 (5 Written Statements: Any member of proposed action will be effective the day U.S.C., Appendix, as amended), the the public wishing to provide comments following the end of the comment Government in the Sunshine Act of to the DHB may do so in accordance period unless comments are received 1976 (5 U.S.C. 552b, as amended), and with section 10(a)(3) of the Federal which result in a contrary 41 CFR 102–3.140 and 102–3.150. Advisory Committee Act, 41 CFR 102– determination. The life of this CMA is Availability of Materials for the 3.105(j) and 102–3.140, and the estimated to cover the 18-month period Meeting: Additional information, procedures described in this notice. from October 30, 2018 through April 29, including the agenda, is available at the Written statements may be submitted to 2020. DHB website, http://www.health.mil/ the DHB Designated Federal Officer ADDRESSES: You may submit comments, dhb. A copy of the agenda or any (DFO), CAPT Juliann Althoff, at identified by docket number and title, updates to the agenda for the October [email protected] and by any of the following methods: 30, 2018, meeting will be available on should be no longer than two type- Federal Rulemaking Portal: http:// the DHB website. Any other materials written pages and include the issue, a www.regulations.gov. Follow the presented in the meeting may be short discussion, and a recommended instructions for submitting comments. obtained at the meeting. course of action. Supporting Mail: Department of Defense, Office of Purpose of the Meeting: The DHB documentation may also be included, to the Chief Management Officer, provides independent advice and establish the appropriate historical Directorate of Oversight and

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51674 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Compliance, 4800 Mark Center Drive, Manpower Data Center, DoD and Entrance and Examining Station from Mailbox #24, Suite 08D09, Alexandria, Department of Veterans Affairs (VA). July 1, 1970, and later. VA 22350–1700. Authority for Conducting the Current and former DoD civilian Instructions: All submissions received Matching Program: Title 38 U.S.C. employees since January 1, 1972. must include the agency name and 5304(c), Prohibition Against Duplication Veterans who used the Veterans docket number for this Federal Register of Benefits, provides that VA disability Education Assistance Program (VEAP) document. The general policy for compensation or pension based upon from January 1977 through June 1985. comments and other submissions from his or her previous military service shall Participants in the Department of members of the public is to make these not be paid to a person for any period Health and Human Services National submissions available for public for which such person receives active Longitudinal Survey. viewing on the internet at http:// service pay. Survivors of retired Armed Forces www.regulations.gov as they are Title 10 U.S.C. 12316, Payment of personnel who are eligible for or received without change, including any Certain Reserves While on Duty, further currently receiving disability payments personal identifiers or contact provides that a Reservist who is entitled or disability income compensation from information. to disability payments due to his or her the Department of Veteran Affairs; earlier military service and who surviving spouses of active or retired FOR FURTHER INFORMATION CONTACT: Mr. performs duty for which he or she is deceased Armed Forces personnel; Zachary A. Parker, Management entitled to DoD/USCG compensation 100% disabled veterans and their Analyst, Defense Privacy, Civil may elect to receive for that duty either survivors; and survivors of retired Liberties, and Transparency Division, the disability payments, or if he or she officers of NOAA and PHS who are 4800 Mark Center Drive, Suite 08E08, waives such payments, the DoD/USCG eligible for, or are currently receiving, Alexandria, VA 22350–2000, or by compensation for the duty performed. Federal payments due to the death of phone at (703) 571–0088. Purpose(s): The purpose of this the retiree. Individuals receiving disability SUPPLEMENTARY INFORMATION: FY17 agreement is to verify eligibility for compensation from the Department of Match: VA will submit to DMDC an DoD/USCG members of the Reserve Veteran Affairs or who are covered by electronic file of all VA pension and forces who receive VA disability a Department of Veteran Affairs’ disability compensation beneficiaries as compensation or pension to receive, in insurance or benefit program; of the end of September 2017. Defense lieu and upon election, military pay and dependents of active and retired Manpower Data Center (DMDC) will allowances when performing reserve members of the Uniformed Services, perform a one-time match by SSN with duty. Reserve pay data submitted by the selective service registrants. 1. For the FY17 match, VA will All Federal civilian retirees. military services and the USCG. For provide to DMDC identifying All non-appropriated funded each SSN match, or ‘‘hit,’’ of both data information on all VA recipients individuals who are employed by the sets, DMDC will provide VA the receiving a VA disability compensation Department of Defense. individual’s name and other identifying or pension. DMDC will match the Individuals who were or may have data, to include the number of training information with its Reserve military been the subject of tests involving days and paid active duty days, for each pay data and provide for each match chemical or biological human subject matched record. Training days and paid (hit) the number of training days and the testing; and individuals who have active duty days will be reported as number of active duty days for which inquired or provided information to the separate totals. The hits will be the veteran was paid in FY17. The VA Department of Defense concerning such furnished to VA, which will be will use this information to make, where testing. responsible for verifying and appropriate, necessary VA payment Individuals who are authorized web determining that the data in the DMDC adjustments. For subsequent matches, access to DMDC computer systems and electronic files is consistent with the VA VA will use the Reserve military pay databases. files. data in the VA-DoD Identity Repository Categories of Records: Computerized Subsequent Matches: DMDC updates (VADIR to match against VA recipients personnel/employment/pay records VA-DoD Identity Repository (VADIR) of VA disability compensation or consisting of name, Service Number, monthly. The electronic data provided pension). DMDC sends Reserve military Selective Service Number, Social by the VA will contain information on pay data to VADIR monthly; the data Security Number (SSN), DoD approximately 4.2 million pension and provided by DMDC include all data Identification Number, citizenship data, disability compensation recipients. VA elements required for the match. compensation data, demographic will use the Reserve military pay data in Categories of Individuals: All Army, information such as home town, age, VADIR to match against VA recipients Navy, Air Force, Marine Corps, and sex, race, and educational level; civilian of VA disability compensation or Coast Guard officer and enlisted occupational information; performance pension and to resolve any personnel who served on active duty ratings of DoD civilian employees and discrepancies or inconsistencies on an from July 1, 1968, and after or who have military members; reasons given for individual basis. VA will initiate actions been a member of a reserve component leaving military service or DoD civilian to obtain an election by the individual since July 1975 (hereafter the ‘‘Armed service; civilian and military acquisition of which pay he or she wishes to receive Forces’’); retired Armed Forces work force warrant location, training and will be responsible for making final personnel; active and retired members and job specialty information; military determinations as to positive of the commissioned corps of the personnel information such as rank, identification, eligibility for, or amounts National Oceanic and Atmospheric assignment/deployment, length of of pension or disability compensation Administration (NOAA) and the Public service, military occupation, aptitude benefits, adjustments thereto, or any Health Service (PHS) (with Armed scores, post-service education, training, recovery of overpayments, or such other Forces above, hereafter referred to as the and employment information for action as authorized by law. ‘‘Uniformed Services’’). All individuals veterans; participation in various in- Participating Agencies: The examined to determine eligibility for service education and training Department of Defense (DoD), Defense military service at an Armed Forces programs; date of award of certification

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51675

of military experience and training; and Employment Records—VA’’ (58 Federal Rulemaking Portal: http:// military hospitalization and medical VA21/22/28), republished in its entirety www.regulations.gov. Follow the treatment, immunization, and at 77 FR 42593, July 19, 2012. instructions for submitting comments. pharmaceutical dosage records; home Both record system contain an Mail: Department of Defense, Office of and work addresses; and identities of appropriate routine use provision the Chief Management Officer, individuals involved in incidents of permitting the disclosure and exchange Directorate of Oversight and child and spouse abuse, and of information pursuant to subsection Compliance, 4800 Mark Center Drive, information about the nature of the (b)(3) of the Privacy Act. The routine Mailbox #24, Suite 08D09, Alexandria, abuse and services provided. use provisions are compatible with the VA 22350–1700. CHAMPUS claim records containing purpose for which the information was Instructions: All submissions received enrollee, patient and health care facility, collected and also reflect that the must include the agency name and provided data such as cause of disclosures are made for computer docket number for this Federal Register treatment, amount of payment, name matching purposes. document. The general policy for and Social Security or tax identification Dated: October 9, 2018. comments and other submissions from members of the public is to make these number of providers or potential Aaron T. Siegel, providers of care. submissions available for public Selective Service System registration Alternate OSD Federal Register Liaison viewing on the internet at http:// Officer, Department of Defense. data. www.regulations.gov as they are Primary and secondary fingerprints of [FR Doc. 2018–22236 Filed 10–11–18; 8:45 am] received without change, including any Military Entrance Processing Command BILLING CODE 5001–06–P personal identifiers or contact (MEPCOM) applicants. information. Department of Veteran Affairs FOR FURTHER INFORMATION CONTACT: Mrs. disability payment records. Credit or DEPARTMENT OF DEFENSE Luz D. Ortiz, Chief, Records, Privacy financial data as required for security Office of the Secretary and Declassification Division (RPDD), background investigations. 1155 Defense Pentagon, Washington, DC Criminal history information on [Docket ID DOD–2018–OS–0073] 20311–1155, or by phone at (571) 372– individuals who subsequently enter the 0478. military. Privacy Act of 1974; System of Extract from Office of Personnel Records SUPPLEMENTARY INFORMATION: The Management (OPM) OPM/CENTRAL–1, Sexual Assault Prevention and AGENCY: Defense Human Resources Response Office (SAPRO) is responsible Civil Service Retirement and Insurance Activity, DoD. Records, including postal workers for oversight of the Department’s sexual ACTION: Notice of a new system of covered by Civil Service Retirement, assault policy per DoD Directive records. containing Civil Service Claim number, 6495.01, ‘‘Sexual Assault Prevention date of birth, name, provision of law SUMMARY: The Office of the Secretary of and Response (SAPR) Program,’’ and retired under, gross annuity, length of Defense proposes to add a system of helps ensure compliance with 28 CFR service, annuity commencing date, records titled, ‘‘DoD Sexual Assault 115, Prison Rape Elimination Act former employing agency and home Prevention and Response Office Victim National Standards. The SAPRO works address. These records provided by Assistance Data Systems, DHRA 18 hand-in-hand with the Military Services OPM for approved computer matching. DoD.’’ This system is used to track and the civilian community to develop, Non-appropriated fund employment/ victim-related inquiries received by the educate, and implement innovative personnel records consist of Social Sexual Assault Prevention and sexual assault prevention and response Security Number (SSN), name, and Response Office (SAPRO) via email, programs to provide additional work address. SAPRO.mil, the DoD Safe Helpline, information to DoD personnel to Military drug test records containing phone, or mail. Once received, inquiries increase awareness and promote the Social Security Number (SSN), date are referred to the appropriate agency reporting of sexual assaults. The DoD of specimen collection, date test results point of contact and/or to the DoD SAPRO Victim Assistance Data Systems reported, reason for test, test results, Office of the Inspector General for any provides the SAPRO with the necessary base/area code, unit, service, status complaints concerning the Military means to process and track victim- (active/reserve), and location code of Criminal Investigative Organization to related inquires and PREA notifications testing laboratory. address the matter(s) raised and received by the SAPRO. The Office of the Secretary of Defense Names of individuals, as well as appropriately facilitate a resolution. In notices for systems of records subject to DMDC assigned identification numbers, addition, the system will track and the Privacy Act of 1974, as amended, and other user-identifying data, such as facilitate unrestricted and anonymous have been published in the Federal organization, Social Security Number notifications of sexual abuse and Register and are available from the (SSN), email address, phone number, of harassment in Military Correctional address in FOR FURTHER INFORMATION those having web access to DMDC Facilities, in accordance with the Prison CONTACT or at the Defense Privacy, Civil computer systems and databases, to Rape Elimination Act (PREA). include dates and times of access. Liberties, and Transparency Division DATES: Comments will be accepted on or System(s) of Records: website at http://dpcld.defense.gov/ 1. The DMDC will use the system of before November 13, 2018. This privacy. records identified as DMDC 01, entitled proposed action will be effective the The proposed systems reports, as ‘‘Defense Manpower Data Center Data date following the end of the comment required by of the Privacy Act, as Base,’’ last published in the Federal period unless comments are received amended, were submitted on August 21, Register at November 23, 2011, 76 FR which result in a contrary 2018, to the House Committee on 72391. determination. Oversight and Government Reform, the 2. VA will use the system of records ADDRESSES: You may submit comments, Senate Committee on Homeland identified as ‘‘Compensation, Pension, identified by docket number and title, Security and Governmental Affairs, and Education and Vocational Rehabilitation by any of the following methods: the Office of Management and Budget

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51676 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

(OMB) pursuant to Section 6 to OMB CATEGORIES OF INDIVIDUALS COVERED BY THE unrestricted reports); caller’s contact Circular No. A–108, ‘‘Federal Agency SYSTEM: information (as applicable); caller’s Responsibilities for Review, Reporting, Individuals who request materials or relationship to the victim (self or third and Publication under the Privacy Act,’’ provide feedback on military sexual party); permission from inmate for revised December 23, 2016 (December assault services; SARCs, medical, legal, SAPRO to forward the notification for 23, 2016, 81 FR 94424). chaplain, military police, and civilian investigation; SARC location and phone sexual assault responders; Reportable Dated: October 9, 2018. number (unrestricted reports only) and database users; and individuals who Aaron T. Siegel, details provided by the caller about the contact the DoD SHL or SAPRO for nature of the incident (not including PII Alternate OSD Federal Register Liaison assistance, follow-up support services, Officer, Department of Defense. for all anonymous reports). or who provide information about When requesting materials about the SYSTEM NAME AND NUMBER sexual abuse and harassment occurring Program, the following information may at Military Correctional Facilities under be collected: First and last name, DoD Sexual Assault Prevention and the Prison Rape Elimination Act. Response Office Victim Assistance Data shipping address, personal or work Systems, DHRA 18 DoD. CATEGORIES OF RECORDS IN THE SYSTEM: email, installation/base, rank (if applicable), status/position (e.g., Sexual For inquiries, feedback, or support SECURITY CLASSIFICATION: requests the following information may Assault Response Coordinator (SARC), Unclassified. be collected: Requestor/inquirer’s full victim advocate, third party organization, etc.), affiliation (e.g., SYSTEM LOCATION: name or pseudonym, personal/work telephone number and email address, Service, family member, veteran, etc.), DoD Sexual Assault Prevention and home address, user type/position (e.g. and an open comment field for Response Office (SAPRO), 4800 Mark victim/survivor, family friend, Service questions and suggestions. Center Drive, Alexandria, VA 22350– member, military spouse, DoD civilian For the DoD and civilian responders 1500. Amazon Web Services (AWS), employee, etc.), Service affiliation, rank, the following information may be 12900 Worldgate Drive, Suite 800, base/installation, state, and age; how the collected: Name and work-related Herndon, VA 20170–6040. inquiry was received (written, email, contact information (installation/base, address, email, phone number). SYSTEM MANAGER(S): telephone), type of inquiry (e.g., Army, Senior Victim Assistance Advisor, Navy, Air Force, legal, command, law RECORD SOURCE CATEGORIES: DoD SAPRO, 4800 Mark Center Drive, enforcement, inspector general, medical, The individual. Alexandria, VA 22350–1500; telephone DoD Safe Helpline, report of sexual 571–372–2657; email whs.mc- assault, training, etc.), and category of ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND [email protected]. inquiry (e.g., general complaint, criticism of SAPR Personnel or program, THE PURPOSES OF SUCH USES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: general information request, raising a In addition to those disclosures 10 U.S.C. 136, Under Secretary of policy issue, report of misconduct, generally permitted under 5 U.S.C. Defense for Personnel and Readiness; 28 request for Service referral, report of 552a(b) of the Privacy Act of 1974, as CFR 115, Prison Rape Elimination Act retaliation, praise of SAPR personnel or amended, the records contained herein National Standards; DoD Directive program); victim’s name, Service may specifically be disclosed outside 6495.01, Sexual Assault Prevention and affiliation, status/position, installation, the DoD as a routine use pursuant to 5 Response (SAPR) Program; DoD and inquiry number; installation where U.S.C. 552a(b)(3) as follows: Instruction 6495.02, Sexual Assault the interaction took place, date of a. To the Department of Veterans Prevention and Response (SAPR) incident, the name and/or office and Affairs to facilitate the resolution of Program Procedures. title of the military personnel about questions regarding benefits and care in which the feedback is being submitted, support of a diagnosis with the Veterans PURPOSE(S) OF THE SYSTEM: year assault was reported, if command Health Affairs related to Military Sexual To track victim-related inquiries and and/or a Military Criminal Investigation Trauma and with the Veterans Benefits follow-up support service requests by Office was involved, and case synopsis; Affairs in obtaining benefits. the SAPRO via email, SAPR.mil, the documents that inquirer submits to b. To contractors, grantees, experts, DoD Safe Helpline (SHL), phone, or SAPRO; permission for SAPRO to consultants, students, and others mail; to respond to requests for SHL follow up on the inquiry; agency to performing or working on a contract, marketing and promotional materials; to which the inquiry was referred, agency service, grant, cooperative agreement, or allow individuals to provide feedback action officer name, documents sent to other assignment for the federal on the services of a sexual assault or received from relevant agency in government when necessary to response coordinator (SARC), victim support of the inquiry, suspense date, accomplish an agency function related advocate, or other military staff or and case synopsis sent to the agency; to this system of records. employee on their installation/base; to dates that final status was sent to c. To the appropriate Federal, State, maintain a searchable referrals database requester and date the inquiry was local, territorial, tribal, foreign, or that houses contact information for closed; comments and dates tracking international law enforcement authority SARCs, medical, legal, chaplain, communication between SAPRO, or other appropriate entity where a military police resources, and civilian agencies, and inquirer. record, either alone or in conjunction sexual assault service providers; to PREA notifications may include: Type with other information, indicates a provide user access to the Safe Helpline of notification (e.g., anonymous report violation or potential violation of law, Report Database; to track and facilitate via SAPRO, Unrestricted report via whether criminal, civil, or regulatory in unrestricted and anonymous SARC, Unrestricted report via SAPRO, nature. notifications of sexual abuse and etc.); date and time of notification; d. To any component of the harassment in Military Correctional location and date/time of the incident; Department of Justice for the purpose of Facilities, in accordance with the Prison victim’s full name (for unrestricted representing the DoD, or its Rape Elimination Act (PREA). reports); caller’s full name (for components, officers, employees, or

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51677

members in pending or potential are destroyed 25 years after the end of an unsworn declaration made in litigation to which the record is the calendar year in which the case was accordance with 28 U.S.C. 1746, in the pertinent. resolved. following format: e. In an appropriate proceeding before DD Form 2985–2, Materials Request: If executed outside the United States: Records are destroyed three (3) months a court, grand jury, or administrative or ‘‘I declare (or certify, verify, or state) after the end of the fiscal year in which adjudicative body or official, when the under penalty of perjury under the laws the request for material was completed DoD or other Agency representing the of the United States of America that the DoD determines that the records are or cancelled. foregoing is true and correct. Executed relevant and necessary to the Responder Database: Obsolete and on (date). (Signature).’’ proceeding; or in an appropriate revised are destroyed one (1) year after proceeding before an administrative or the end of the fiscal year. If executed within the United States, adjudicative body when the adjudicator Reportal Administrative Database: its territories, possessions, or determines the records to be relevant to After three (3) continuous years of commonwealths: ‘‘I declare (or certify, the proceeding. inactivity, records are closed at the end verify, or state) under penalty of perjury f. To the National Archives and of that fiscal year; and destroyed after an that the foregoing is true and correct. Records Administration for the purpose additional 25 years. Executed on (date). (Signature).’’ of records management inspections Follow-up Support System: Records conducted under the authority of 44 are destroyed 25 years after the end of CONTESTING RECORD PROCEDURES: the fiscal year of the close-out of the U.S.C. 2904 and 2906. The OSD rules for accessing records, g. To a Member of Congress or staff communication. for contesting contents and appealing acting upon the Member’s behalf when ADMINISTRATIVE, TECHNICAL, AND PHYSICAL initial agency determinations are the Member or staff requests the SAFEGUARDS: published in OSD Administrative information on behalf of, and at the Victim-related inquiry records are Instruction 81; 32 CFR part 311; or may request of, the individual who is the maintained in a controlled facility be obtained from the system manager. subject of the record. employing physical safeguards h. To appropriate agencies, entities, including the use of combination locks NOTIFICATION PROCEDURES: and persons when (1) the DoD suspects and identification badges. Access to or has confirmed there was a breach of electronic data files in the system is Individuals seeking to determine the system of records; (2) the DoD role-based, restricted to personnel with whether information about themselves determined as a result of the suspected a need to know, and requires a Common is contained in this system of records or confirmed breach there is a risk of Access Card (CAC) and password. should address written inquiries to harm to individuals, the DoD (including Electronic data is also protected via Senior Victim Assistance Advisor, DoD its information systems, programs, and encryption. The database cannot be SAPRO, Victim Assistance, 4800 Mark operations), the Federal Government, or accessed from the outside as it does not Center Drive, Alexandria, VA 22350– national security; and (3) the disclosure reside on a server and all records are 1500. made to such agencies, entities, and accessible only to authorized persons Signed, written requests should persons is reasonably necessary to assist with a need to know who are properly contain the name of the requester, the in connection with the DoD’s efforts to screened, cleared and trained. name of the original inquirer, the name respond to the suspected or confirmed SHL servers are maintained within of the victim, date of incident and/or breach or to prevent, minimize, or the Amazon Web Services (AWS) Military Correctional Facility, if remedy such harm. GovCloud network infrastructure. The applicable. i. To another Federal agency or protections on the network include In addition, the requester must Federal entity, when the DoD firewalls, passwords, and web-common provide either a notarized statement or determines that information from this security architecture. AWS restricts an unsworn declaration made in system of records is reasonably physical access to the data centers accordance with 28 U.S.C. 1746, in the necessary to assist the recipient agency where the SHL servers reside. Physical or entity in (1) responding to a access logs are reviewed and analyzed following format: suspected or confirmed breach or (2) on a daily basis by AWS personnel. All If executed outside the United States: preventing, minimizing, or remedying PII is stored in a password-protected ‘‘I declare (or certify, verify, or state) the risk of harm to individuals, the environment with internal access only. under penalty of perjury under the laws recipient agency or entity (including its All individuals with access to the data of the United States of America that the information systems, programs and undergo a background investigation and foregoing is true and correct. Executed operations), the Federal Government, or sign a nondisclosure agreement. on (date). (Signature).’’ national security, resulting from a If executed within the United States, suspected or confirmed breach. RECORD ACCESS PROCEDURES: Individuals seeking access to records its territories, possessions, or POLICIES AND PRACTICES FOR STORAGE OF about themselves contained in this commonwealths: ‘‘I declare (or certify, RECORDS: system should address written inquiries verify, or state) under penalty of perjury System records are stored on to the Office of the Secretary of Defense/ that the foregoing is true and correct. electronic storage media. Joint Staff, Freedom of Information Act Executed on (date). (Signature).’’ Requester Service Center, 1155 Defense POLICIES AND PRACTICES FOR RETRIEVAL OF EXEMPTIONS PROMULGATED FOR THE SYSTEM: RECORDS: Pentagon, Washington, DC 20301–1155. Name; date of inquiry; and/or Military Signed, written requests should contain None. Correctional Facility, as appropriate. the name of the individual, the name and number of this system of records HISTORY: POLICIES AND PRACTICES FOR RETENTION AND notice, date of incident and/or Military N/A. DISPOSAL OF RECORDS: Correctional Facility, if applicable. Victim Related-Inquiry Tracking Files In addition, the requester must [FR Doc. 2018–22230 Filed 10–11–18; 8:45 am] (DD Form 2985 and 2985–1): Records provide either a notarized statement or BILLING CODE 5001–06–P

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51678 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

DEPARTMENT OF DEFENSE (3) Navajo County Library District; 121 Friday, August 31, 2018, stated the W Buffalo Street, Holbrook, AZ waiting period for signature of the Department of the Army, Corps of 86025 MRRMP–FEIS Record of Decision Engineers (4) Winslow Public Library; 420 W would end on October 9, 2018. The U.S. Gilmore Street, Winslow, AZ 86047 Army Corps of Engineers previously Availability of a Final Integrated (5) Holbrook Public Library; 403 Park extended the waiting period through Feasibility Report (Feasibility Report/ St., Holbrook, AZ 86025 October 22, 2018 with a notice Environmental Impact Statement), (6) Hopi Public Library; 1 Main Street published in the Federal Register on Little Colorado River at Winslow, Kykotsmovi, AZ 86039 Friday, September 28, 2018. Through Navajo County, Arizona, Flood Risk (7) Navajo County Flood Control this notice, the U.S. Army Corps of Management Project District, 100 W Public Works Drive, Engineers is extending the waiting Holbrook, AZ 86025 period again through November 9, 2018. AGENCY: Department of the Army, U.S. (8) U.S. Army Corps of Engineers, Los FOR FURTHER INFORMATION CONTACT: Army Corps of Engineers, DoD. Angeles District; 915 Wilshire Tiffany Vanosdall, U.S. Army Corps of ACTION: Notice of availability. Blvd., Los Angeles, CA 90017 Engineers at (402) 995–2695 or by email A Notice of Intent to prepare the Draft at [email protected]. SUMMARY: The U.S. Army Corps of EIS was published in the Federal SUPPLEMENTARY INFORMATION: Engineers (Corps), in cooperation with Register on February 27, 2009 (74 FR The Navajo County Flood Control District, 8918). A Notice of Availability for the MRRMP–FEIS can be downloaded announces the availability of a Final Draft IFR was published in the Federal online at: http:// Integrated Feasibility Report (Final IFR) Register on June 3, 2016 (81 FR 35756). www.nwo.usace.army.mil/mrrp/mgmt- including Feasibility Report and Public involvement process included a plan/ or at: http:// Environmental Impact Statement (EIS) formal public scoping meeting in parkplanning.nps.gov/MRRMP. for the Little Colorado River at Winslow, Winslow, Arizona, on March 24, 2009. Brenda S. Bowen, Navajo County, Arizona Flood Risk The Draft IFR was made available to the Army Federal Register Liaison Officer. Management Project for review and public through the Corps Los Angeles comment. The study evaluates [FR Doc. 2018–22145 Filed 10–11–18; 8:45 am] District’s website on May 26, 2016, and BILLING CODE 3720–58–P alternatives to reduce the risk of notices that information was available to damages and to reduce the life, safety, interested parties and stakeholders were and health risks caused by flooding of mailed. Two public meetings were held the Little Colorado River (LCR) to the in Winslow on June 9, 2016 concurrent ENVIRONMENTAL PROTECTION City of Winslow, surrounding with the release of the Draft IFR, and the AGENCY community, and public and private public provided oral and written [EPA–HQ–OPP–2018–0576; FRL–9984–16] infrastructure. comments during these meetings. DATES: The Final IFR is available for a Comments on the Draft IFR were also Pesticide Product Registration; 30-day review period pursuant to the accepted in writing for a 45-day period Receipt of Applications for New Uses National Environmental Policy Act extending from June 3, 2016 through (NEPA). July 18, 2016. All comments provided AGENCY: Environmental Protection on the Draft IFR and responses to Agency (EPA). ADDRESSES: Questions or comments comments can be found in the Final ACTION: Notice. concerning the Final IFR may be IFR, Appendix I (Environmental). directed to: Eduardo T. De Mesa.; Chief, SUMMARY: EPA has received applications Dated: September 27, 2018. Planning Division; U.S. Army Corps of to register new uses for pesticide Engineers; Los Angeles District; 915 Aaron C. Barta, products containing currently registered Wilshire Boulevard, Suite 930; ATTN: Colonel, U.S. Army, Commander and District active ingredients. Pursuant to the Mr. Kirk C. Brus, CESPL–PD–RL; Los Engineer. Federal Insecticide, Fungicide, and Angeles, CA 90017–3401 or [FR Doc. 2018–22134 Filed 10–11–18; 8:45 am] Rodenticide Act (FIFRA), EPA is hereby [email protected]. BILLING CODE 3720–58–P providing notice of receipt and FOR FURTHER INFORMATION CONTACT: Mr. opportunity to comment on these Richard Legere, U.S. Army Corps of applications. Engineers, Los Angeles District, phone DEPARTMENT OF DEFENSE DATES: Comments must be received on number (602) 230–6907, and Mr. Kirk C. Department of the Army, Corps of or before November 13, 2018. Brus, U.S. Army Corps of Engineers, Los Engineers Angeles District, phone number (213) ADDRESSES: Submit your comments, 452–3876. identified by the Docket Identification Notice of Availability of the Final (ID) Number and the File Symbol or SUPPLEMENTARY INFORMATION: Comments Missouri River Recovery Management EPA Registration Number of interest as on the Final IFR may also be given to Plan and Environmental Impact shown in the body of this document, by the contacts listed under ADDRESSES. Statement one of the following methods: The document is available for review • AGENCY: Department of the Army, U.S. Federal eRulemaking Portal: http:// at: Army Corps of Engineers, DoD. www.regulations.gov. Follow the online (1) Online at http:// ACTION: Notice; second extension of instructions for submitting comments. www.spl.usace.army.mil/Missions/ final EIS waiting period. Do not submit electronically any CivilWorks/ProjectsStudies/ information you consider to be LittleColoradoRiverWinslow.aspx SUMMARY: The Notice of Availability for Confidential Business Information (CBI) (2) U.S. Army Corps of Engineers, the Final Missouri River Recovery or other information whose disclosure is Arizona-Nevada Area Office, 3636 Management Plan and Environmental restricted by statute. N Central Ave., Suite 900, Phoenix, Impact Statement (MRRMP–FEIS) • Mail: OPP Docket, Environmental AZ 85012–1939 published in the Federal Register on Protection Agency Docket Center (EPA/

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51679

DC), (28221T), 1200 Pennsylvania Ave. copy of the comment that does not Product type: Insecticide. Proposed use: NW, Washington, DC 20460–0001. contain the information claimed as CBI Spot-on product for the control of fleas • Hand Delivery: To make special must be submitted for inclusion in the and ticks on cats and kittens. Contact: arrangements for hand delivery or public docket. Information so marked RD. delivery of boxed information, please will not be disclosed except in Authority: 7 U.S.C. 136 et seq. follow the instructions at http:// accordance with procedures set forth in www.epa.gov/dockets/contacts.html. 40 CFR part 2. Dated: October 1, 2018. Additional instructions on commenting 2. Tips for preparing your comments. Delores Barber, or visiting the docket, along with more When preparing and submitting your Director, Information Technology and information about dockets generally, is comments, see the commenting tips at Resources Management Division, Office of available at http://www.epa.gov/ http://www.epa.gov/dockets/ Pesticide Programs. dockets. comments.html. [FR Doc. 2018–22255 Filed 10–11–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: II. Registration Applications BILLING CODE 6560–50–P Robert McNally, Biopesticides and EPA has received applications to Pollution Prevention Division (7511P), register new uses for pesticide products ENVIRONMENTAL PROTECTION main telephone number: (703) 305– containing currently registered active AGENCY 7090, email address: BPPDFRNotices@ ingredients. Pursuant to the provisions epa.gov; or Michael Goodis, Registration of FIFRA section 3(c)(4) (7 U.S.C. [FRL–9985–24–OW] Division (7505P), main telephone 136a(c)(4)), EPA is hereby providing number: (703) 305–7090, email address: notice of receipt and opportunity to Information Sessions in Chicago, [email protected]. The mailing comment on these applications. Notice Boston and Atlanta; Implementation of address for each contact person is: of receipt of these applications does not the Water Infrastructure Finance and Office of Pesticide Programs, imply a decision by the Agency on these Innovation Act of 2014 Environmental Protection Agency, 1200 applications. Pennsylvania Ave. NW, Washington, DC AGENCY: Environmental Protection 20460–0001. As part of the mailing III. New Uses Agency (EPA). address, include the contact person’s 1. EPA Registration Numbers: 62719– ACTION: Notice. name, division, and mail code. The 631, 62719–623, and 62719–625. Docket division to contact is listed at the end ID number: EPA–HQ–OPP–2018–0599. SUMMARY: The U.S. Environmental of each application summary. Applicant: Dow AgroSciences LLC, Protection Agency (EPA) is announcing SUPPLEMENTARY INFORMATION: 9330 Zionsville Road, Indianapolis, IN plans to hold information sessions on 46268–1054 Active ingredient: Tuesday, November 13, 2018 in I. General Information Sulfoxaflor. Product type: Insecticide. Chicago, Illinois; Tuesday, December A. Does this action apply to me? Proposed uses: Rice, avocado, first 11, 2018 in Boston, Massachusetts; and Tuesday, January 15, 2019 in Atlanta, You may be potentially affected by residential use (ornamentals), commercial ornamentals (tree farms and Georgia. The purpose of these sessions this action if you are an agricultural is to provide prospective borrowers with producer, food manufacturer, or plantations), and greenhouses. Contact: RD. a better understanding of the Water pesticide manufacturer. The following Infrastructure Finance and Innovation list of North American Industrial 2. EPA Registration Numbers: 71711– 4, 71711–18, 71711–19, 71711–40. Act (WIFIA) program’s status, eligibility Classification System (NAICS) codes is and statutory requirements, application not intended to be exhaustive, but rather Docket ID number: EPA–HQ–OPP– 2018–0162. Applicant: Nichino process, and financial benefits and provides a guide to help readers flexibilities. The EPA will also offer 30- determine whether this document America, Inc., 4550 Linden Hill Rd, Suite 501, Wilmington, DE 19808 Active minute individual meetings with applies to them. Potentially affected participants to learn more about entities may include: ingredient: Fenpyroximate. Product • type: Insecticide. Proposed use: Banana; prospective borrower projects and Crop production (NAICS code 111). answer specific questions. Participants • Animal production (NAICS code blackeyed pea, succulent shelled; broad will receive a link to sign-up for these 112). bean, succulent shelled; bushberry • Food manufacturing (NAICS code subgroup 13–07B; caneberry subgroup meeting slots after registering for an 311). 13–07A; chickpea, succulent shelled; information session. Additional • Pesticide manufacturing (NAICS cottonseed subgroup 20C; cowpea, information sessions and webinars will code 32532). succulent shelled; crowder pea, be announced. succulent shelled; goa bean, pods, DATES: The session in Chicago, Illinois B. What should I consider as i prepare succulent shelled; lablab bean, will be held on Tuesday, November 13, my comments for EPA? succulent shelled; leaf petiole vegetable 2018 from 9:00 a.m.–2:30 p.m. (CT) at 1. Submitting CBI. Do not submit this subgroup 22B; lima bean, succulent 77 W Jackson Blvd., Chicago, Illinois information to EPA through shelled; nut, tree group 14–12; southern 60604. The session in Boston, regulations.gov or email. Clearly mark pea, succulent shelled; soybean, edible, Massachusetts will be held on Tuesday, the part or all of the information that succulent shelled; squash/cucumber December 11, 2018 from 9:00 a.m.–2:30 you claim to be CBI. For CBI subgroup 9B; succulent bean, succulent p.m. (ET) at 5 Post Office Square, Suite information in a disk or CD–ROM that shelled; and velvet bean, succulent 100, Boston, Massachusetts 02109. The you mail to EPA, mark the outside of the shelled. Contact: RD. session in Atlanta, Georgia will be held disk or CD–ROM as CBI and then 3. EPA File Symbol: 89459–RNA. on Tuesday, January 15, 2019 from 9:00 identify electronically within the disk or Docket ID number: EPA–HQ–OPP– a.m.–2:30 p.m. (ET) at 61 Forsyth St. CD–ROM the specific information that 2018–0547. Applicant: Central Garden & SW, Atlanta, Georgia 30303. is claimed as CBI. In addition to one Pet Company; 1501 East Woodfield To register: Registration information complete version of the comment that Road, Suite 200 West; Schaumburg, IL for the information session is available includes information claimed as CBI, a 60173. Active ingredient: Acetamiprid. at https://www.epa.gov/wifia.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51680 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

FOR FURTHER INFORMATION CONTACT: For and Production Plan Beaufort Sea, The Federal Aviation Administration further information about this notice, Alaska Final Environmental Impact (FAA) has adopted the U.S. Air Force’s including registration information, Statement, Contact: Erin Seyfried Final EIS No. 20130181, filed 06/20/ contact Arielle Gerstein, EPA 206–553–1448 2013 with the EPA. FAA was a Headquarters, Office of Water, Office of The Environmental Protection Agency cooperating agency on this project. Wastewater Management at tel.: 202– (EPA) has adopted the Bureau of Ocean Therefore, recirculation of the document 564–1868; or email: [email protected]. and Energy Management’s Final EIS No. is not necessary under Section 1506.3(c) Members of the public are invited to 2018019, filed 08/22/2018 with the of the CEQ regulations. participate in the session as capacity EPA. The EPA was a cooperating agency EIS No. 20180242, Final, FAA, GA, allows. on this project. Therefore, recirculation ADOPTION—Proposed Authority: Water Infrastructure of the document is not necessary under Modernization and Expansion of Finance and Innovation Act, Public Law Section 1506.3(c) of the CEQ Townsend Bombing Range, Contact: 113–121. regulations. Paula Miller 202–267–7378 SUPPLEMENTARY INFORMATION: Under EIS No. 20180234, Draft, BLM, NV, The Federal Aviation Administration WIFIA, the EPA will provide loans and Deep South Expansion Project, (FAA) has adopted the U.S. Department loan guarantees for water infrastructure Comment Period Ends: 11/26/2018, of Navy’s Final EIS No. 20130066 filed of national or regional significance. Contact: Kevin Hurrell 775–635–4000 03/14/2013 with the EPA. FAA was a WIFIA was signed into law on June 11, EIS No. 20180235, Draft, USACE, VA, cooperating agency on this project. 2014 as Public Law 113–121. The EPA Draft Integrated City of Norfolk Therefore, recirculation of the document will provide an overview of the Coastal Storm Risk Management is not necessary under Section 1506.3(c) program’s statutory and eligibility Feasibility Study, Comment Period of the CEQ regulations. requirements, application and selection Ends: 11/26/2018, Contact: Kathy process, and creditworthiness Perdue 757–201–7218 Amended Notices assessment. The EPA will also explain EIS No. 20180236, Final, USFS, MN, EIS No. 20180207, Final, USACE, NE, the financial benefits of WIFIA credit HiLo Project, Review Period Ends: 11/ Missouri River Recovery Management assistance and provide high-level 26/2018, Contact: Linda Merriman Plan, Review Period Ends: 11/09/ information about the benefits and 218–365–2095 2018, Contact: Tiffany Vanosdall 402– flexibilities of closed loans. The EIS No. 20180237, Final, USACE, AZ, 995–2695 intended audience is prospective Little Colorado River at Winslow, Revision to FR Notice Published 09/ borrowers including municipal entities, Navajo County, Arizona, Flood Risk 28/2018; Extending the Review Period corporations, partnerships, and State Management Project, Integrated from 10/22/2018 to 11/09/2018. Feasibility Report and Environmental Revolving Fund programs, as well as the Dated: October 9, 2018. private and non-governmental Impact Statement, Review Period Robert Tomiak, Director, organizations that support prospective Ends: 11/13/2018, Contact: Kirk C. borrowers. Brus 213–452–3876 Office of Federal Activities. EIS No. 20180238, Final, FHWA, UT, [FR Doc. 2018–22222 Filed 10–11–18; 8:45 am] Dated: September 28, 2018. S.R. 30, S.R. 23 to 1000 West, Contact: BILLING CODE 6560–50–P Andrew D. Sawyers, Naomi Kisen 801–965–4005 Director, Office of Wastewater Management. Pursuant to 23 U.S.C. 139(n)(2), [FR Doc. 2018–22014 Filed 10–11–18; 8:45 am] FHWA has issued a single FEIS and ENVIRONMENTAL PROTECTION BILLING CODE 6560–50–P ROD. Therefore, the 30-day wait/review AGENCY period under NEPA does not apply to [EPA–HQ–OPPT–2018–0405; FRL–9983–71] this action. ENVIRONMENTAL PROTECTION EIS No. 20180239, Draft, USACE, CA, Certain New Chemical Substances; AGENCY Corte Madera Creek Flood Risk Receipt and Status Information for [ER–FRL–9041–7] Management Project Draft EIS/EIR, June 2018 Comment Period Ends: 11/27/2018, Environmental Impact Statements; AGENCY: Environmental Protection Contact: Cynthia Jo Fowler 415–503– Agency (EPA). Notice of Availability 6870 ACTION: Notice. Responsible Agency: Office of Federal EIS No. 20180240, Final, NMFS, AK, Activities, General Information (202) ADOPTION—Atlantic Fleet Training SUMMARY: EPA is required under the 564–5632 or https://www.epa.gov/nepa/ and Testing, Contact: Donna S. Toxic Substances Control Act (TSCA), . Wieting 301–427–8400 as amended by the Frank R. Lautenberg Weekly receipt of Environmental Impact The National Marine Fisheries Service Chemical Safety for the 21st Century Statements (NMFS) has adopted the U.S. Act, to make information publicly Filed 10/01/2018 Through 10/05/2018 Department of Navy’s Final EIS No. available and to publish information in Pursuant to 40 CFR 1506.9. 20180210, filed 09/07/2018 with the the Federal Register pertaining to EPA. NMFS was a cooperating agency submissions under TSCA section 5, Notice on this project. Therefore, recirculation including notice of receipt of a Section 309(a) of the Clean Air Act of the document is not necessary under Premanufacture notice (PMN), requires that EPA make public its Section 1506.3(c) of the CEQ Significant New Use Notice (SNUN) or comments on EISs issued by other regulations. Microbial Commercial Activity Notice Federal agencies. EPA’s comment letters EIS No. 20180241, Final, FAA, AK, (MCAN), including an amended notice on EISs are available at: https:// ADOPTION—Modernization and or test information; an exemption cdxnodengn.epa.gov/cdx-enepa-public/ Enhancement of Ranges Airspace and application (Biotech exemption); an action/eis/search. Training Areas in the Joint Pacific application for a test marketing EIS No. 20180233, Final, EPA, AK, Alaska Range Complex in Alaska, exemption (TME), both pending and/or ADOPTION—Liberty Development Contact: Paula Miller 202–267–7378 concluded; a notice of commencement

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51681

(NOC) of manufacture (including an exemption application under 40 CFR exemption, or TME. For more import) for new chemical substances; part 725 (Biotech exemption); TMEs, information about the requirements and a periodic status report on new both pending and/or concluded; NOCs applicable to a new chemical go to: chemical substances that are currently to manufacture a new chemical http://www.epa.gov/oppt/newchems. under EPA review or have recently substance; and a periodic status report Under TSCA sections 5 and 8 and concluded review. This document on new chemical substances that are EPA regulations, EPA is required to covers the period from June 1, 2018 to currently under EPA review or have publish in the Federal Register certain June 30, 2018. recently concluded review. information, including notice of receipt DATES: Comments identified by the EPA is also providing information on of a PMN/SNUN/MCAN (including specific case number provided in this its website about cases reviewed under amended notices and test information); document must be received on or before the amended TSCA, including the an exemption application under 40 CFR November 13, 2018. section 5 PMN/SNUN/MCAN and part 725 (biotech exemption); an exemption notices received, the date of ADDRESSES: Submit your comments, application for a TME, both pending receipt, the final EPA determination on identified by docket identification (ID) and concluded; NOCs to manufacture a the notice, and the effective date of number EPA–HQ–OPPT–2018–0405, new chemical substance; and a periodic EPA’s determination for PMN/SNUN/ and the specific case number for the status report on the new chemical MCAN notices on its website at: https:// chemical substance related to your substances that are currently under EPA www.epa.gov/reviewing-new-chemicals- comment, by one of the following review or have recently concluded under-toxic-substances-control-act-tsca/ methods: review. status-pre-manufacture-notices. This • Federal eRulemaking Portal: http:// information is updated on a weekly C. Does this action apply to me? www.regulations.gov. Follow the online basis. This action provides information that instructions for submitting comments. is directed to the public in general. Do not submit electronically any B. What is the Agency’s authority for information you consider to be taking this action? D. Does this action have any Confidential Business Information (CBI) Under the Toxic Substances Control incremental economic impacts or or other information whose disclosure is Act (TSCA), 15 U.S.C. 2601 et seq., a paperwork burdens? restricted by statute. • chemical substance may be either an No. Mail: Document Control Office ‘‘existing’’ chemical substance or a (7407M), Office of Pollution Prevention ‘‘new’’ chemical substance. Any E. What should I consider as I prepare and Toxics (OPPT), Environmental chemical substance that is not on EPA’s my comments for EPA? Protection Agency, 1200 Pennsylvania TSCA Inventory of Chemical Substances 1. Submitting confidential business Ave. NW, Washington, DC 20460–0001. information (CBI). Do not submit this • (TSCA Inventory) is classified as a ‘‘new Hand Delivery: To make special chemical substance,’’ while a chemical information to EPA through arrangements for hand delivery or substance that is listed on the TSCA regulations.gov or email. Clearly mark delivery of boxed information, please Inventory is classified as an ‘‘existing the part or all of the information that follow the instructions at http:// chemical substance.’’ (See TSCA section you claim to be CBI. For CBI www.epa.gov/dockets/contacts.html. 3(11).) For more information about the information in a disk or CD–ROM that Additional instructions on commenting TSCA Inventory go to: https:// you mail to EPA, mark the outside of the or visiting the docket, along with more www.epa.gov/tsca-inventory. disk or CD–ROM as CBI and then information about dockets generally, is Any person who intends to identify electronically within the disk or available at http://www.epa.gov/ manufacture (including import) a new CD–ROM the specific information that dockets. chemical substance for a non-exempt is claimed as CBI. In addition to one FOR FURTHER INFORMATION CONTACT: For commercial purpose, or to manufacture complete version of the comment that technical information contact: Jim or process a chemical substance in a includes information claimed as CBI, a Rahai, Information Management non-exempt manner for a use that EPA copy of the comment that does not Division (7407M), Office of Pollution has determined is a significant new use, contain the information claimed as CBI Prevention and Toxics, Environmental is required by TSCA section 5 to must be submitted for inclusion in the Protection Agency, 1200 Pennsylvania provide EPA with a PMN, MCAN or public docket. Information so marked Ave. NW, Washington, DC 20460–0001; SNUN, as appropriate, before initiating will not be disclosed except in telephone number: (202) 564–8593; the activity. EPA will review the notice, accordance with procedures set forth in email address: [email protected]. make a risk determination on the 40 CFR part 2. For general information contact: The chemical substance or significant new 2. Tips for preparing your comments. TSCA-Hotline, ABVI-Goodwill, 422 use, and take appropriate action as When preparing and submitting your South Clinton Ave., Rochester, NY described in TSCA section 5(a)(3). comments, see the commenting tips at 14620; telephone number: (202) 554– TSCA section 5(h)(1) authorizes EPA http://www.epa.gov/dockets/ 1404; email address: TSCA-Hotline@ to allow persons, upon application and comments.html. epa.gov. under appropriate restrictions, to manufacture or process a new chemical II. Status Reports SUPPLEMENTARY INFORMATION: substance, or a chemical substance In the past, EPA has published I. Executive Summary subject to a significant new use rule individual notices reflecting the status (SNUR) issued under TSCA section of TSCA section 5 filings received, A. What action is the Agency taking? 5(a)(2), for ‘‘test marketing’’ purposes, pending or concluded. In 1995, the This document provides the receipt upon a showing that the manufacture, Agency modified its approach and and status reports for the period from processing, distribution in commerce, streamlined the information published June 1, 2018 to June 30, 2018. The use, and disposal of the chemical will in the Federal Register after providing Agency is providing notice of receipt of not present an unreasonable risk of notice of such changes to the public and PMNs, SNUNs and MCANs (including injury to health or the environment. an opportunity to comment (See the amended notices and test information); This is referred to as a test marketing Federal Register of May 12, 1995 (60 FR

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51682 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

25798) (FRL–4942–7). Since the passage status-pre-manufacture-notices. This in the table is the specific information of the Lautenberg amendments to TSCA information is updated on a weekly provided by the submitter, and (G) in 2016, public interest in information basis. indicates that this information in the on the status of section 5 cases under table is generic information because the III. Receipt Reports EPA review and, in particular, the final specific information provided by the determination of such cases, has For the PMN/SNUN/MCANs received submitter was claimed as CBI. increased. In an effort to be responsive by EPA during this period, Table I Submissions which are initial to the regulated community, the users of provides the following information (to submissions will not have a letter this information, and the general public, the extent that such information is not following the case number. Submissions to comply with the requirements of subject to a CBI claim) on the notices which are amendments to previous TSCA, to conserve EPA resources and to received by EPA during this period: The submissions will have a case number streamline the process and make it more EPA case number assigned to the notice followed by the letter ‘‘A’’ (e.g., P–18– timely, EPA is providing information on that indicates whether the submission is 1234A). The version column designates its website about cases reviewed under an initial submission, or an amendment, submissions in sequence as ‘‘1’’, ‘‘2’’, the amended TSCA, including the a notation of which version was ‘‘3’’, etc. Note that in some cases, an section 5 PMN/SNUN/MCAN and received, the date the notice was initial submission is not numbered as exemption notices received, the date of received by EPA, the submitting version 1; this is because earlier receipt, the final EPA determination on manufacturer (i.e., domestic producer or versions were rejected as incomplete or the notice, and the effective date of importer), the potential uses identified invalid submissions. Note also that EPA’s determination for PMN/SNUN/ by the manufacturer in the notice, and future versions of the following tables MCAN notices on its website at: https:// the chemical substance identity. may adjust slightly as the Agency works www.epa.gov/reviewing-new-chemicals- As used in each of the tables in this to automate population of the data in under-toxic-substances-control-act-tsca/ unit, (S) indicates that the information the tables. TABLE I—PMN/SNUN/MCANS RECEIVED FROM 6/1/2018 TO 6/30/2018

Received Case No. Version date Manufacturer Use Chemical substance

J–18–0012 ...... 1 6/6/2018 Vestaron Corporation ...... (G) Production of an agri- (G) Genetically modified yeast. cultural product. J–18–0013 ...... 5 6/7/2018 CBI...... (G) Production of biofuel (G) Biofuel producing modified microorganism(s), with chromosomally-borne modifications. J–18–0014 ...... 5 6/7/2018 CBI...... (G) Production of biofuel (G) Biofuel producing modified microorganism(s), with chromosomally-borne modifications. J–18–0015 ...... 5 6/7/2018 CBI...... (G) Production of biofuel (G) Biofuel producing modified microorganism(s), with chromosomally-borne modifications. J–18–0016 ...... 5 6/7/2018 CBI...... (G) Production of biofuel (G) Biofuel producing modified microorganism(s), with chromosomally-borne modifications. J–18–0017 ...... 5 6/7/2018 CBI ...... (G) Production of biofuel (G) Biofuel producing modified microorganism(s), with (G) Pro- duction of biofuel chromosomally-borne modifications. J–18–0018 ...... 5 6/7/2018 CBI...... (G) Production of biofuel (G) Biofuel producing modified microorganism(s), with chromosomally-borne modifications. P–16–0180A ... 3 6/25/2018 CBI ...... (S) Component of indus- (G) Isocyanic acid, polymethylenepolyphenylene ester, polymer trial and maintenance with a-hydro-w-hydroxypoly[oxy(methyl-1,2-ethanediyl)] and al- coatings. kylene oxide polymer, alkylamine initiated. P–16–0271A ... 8 6/8/2018 Oxea Corporation ...... (S) Flexible PVC plasti- (S) 1,2,4-Benzenetricarboxylic acid, 1,2,4-trinonyl ester. cizer for wire insulation. P–16–0354A ... 2 6/20/2018 CBI ...... (G) Intermediate ...... (G) Esteramine. P–16–0355A ... 2 6/20/2018 CBI ...... (G) Intermediate ...... (G) Esteramine. P–16–0424A ... 3 6/19/2018 Sachem, Inc ...... (G) Directing agent ...... (G) Tetraalkylpiperidinium hydroxide. P–16–0584A ... 5 6/2/2018 CBI ...... (G) Additive used to im- (G) Multi-walled carbon nanotubes. part specific physico- chemical property(ies) to finished articles. P–16–0585A ... 5 6/2/2018 CBI ...... (G) Additive used to im- (G) Multi-walled carbon nanotubes. part specific physico- chemical property(ies) to finished articles. P–16–0586A ... 5 6/2/2018 CBI ...... (G) Additive used to im- (G) Muti-walled carbon nanotubes. part specific physico- chemical property(ies) to finished articles. P–17–0259A ... 8 6/8/2018 CBI ...... (G) Curative for thermo- (G) Halogenated aromatic amine. setting resins. P–17–0267A ... 6 6/15/2018 Honeywell International ... (G) Solvent for dispersive (S) (1) (Z)-1-chloro-3,3,3-trifluoro-1-propene. use. P–17–0284A ... 4 6/1/2018 Monument Chemical (G) In-process inter- (S) 2-Heptanone, 4-hydroxy. Houston, Ltd. mediate. P–17–0285A ... 4 6/1/2018 Monument Chemical (G) In-process inter- (S) 4-Hepten-2-one. Houston, Ltd. mediate. P–17–0312A ... 6 6/12/2018 CBI ...... (G) Additive for (G) Organic acid, compds. with bisphenol A-epichlorohydrin-poly- electrocoat formulas. propylene glycol diglycidyl ether polymer-disubstituted amine- disubstituted polypropylene glycol reaction products. P–17–0313A ... 6 6/12/2018 CBI ...... (G) Additive for (G) Phenol, 4,4′-(1-methylethylidene)bis-, polymer with 2- electrocoat formulas. (chloromethyl)oxirane and alpha-(2-oxiranylmethyl)-omega-(2- oxiranylmethoxy)poly[oxy(methyl-1,2-ethanediyl)], reaction products with disubstituted amine and disubstituted poly- propylene glycol, organic acid salts.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51683

TABLE I—PMN/SNUN/MCANS RECEIVED FROM 6/1/2018 TO 6/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–17–0314A ... 6 6/12/2018 CBI ...... (G) Additive for (G) Organic acid, 2-substituted-, compounds with bisphenol A- electrocoat formulas. epichlorohydrin-polypropylene glycol diglycidyl ether polymer- disubstituted aminedisubstituted polypropylene glycol reaction products. P–17–0315A ... 6 6/12/2018 CBI ...... (G) Additive for (G) Phenol, 4,4′-(1-methylethylidene)bis-, polymer with alpha-(2- electrocoat formulas. substituted-methylethyl)-omega-(2-substituted- methylethoxy)poly[oxy(methyl-1,2-ethanediyl)], 2- (chloromethyl)oxirane and alpha-(2-oxiranylmethyl)-omega-(2- oxiranylmethoxy)poly[oxy(methyl-1,2-ethanediyl)], alkylphenyl ethers, reaction products with disubstituted amine, organic acid salts. P–17–0316A ... 6 6/12/2018 CBI ...... (G) Additive for (G) Organic acid, compounds with bisphenol A-epichlorohydrin- electrocoat formulas. disubstituted polypropylene glycol-polypropylene glycol diglycidyl ether polymer alkylphenyl ethers-disubstituted amine reaction products. P–17–0317A ... 6 6/12/2018 CBI ...... (G) Additive for (G) Organic acid, compounds with bisphenol A-epichlorohydrin- electrocoat formulas. polypropylene glycol diglycidyl ether polymer-disubstituted polypropylene glycol reaction products. P–18–0049 ...... 4 6/28/2018 CBI ...... (G) Coating component/ (G) Mixed metal halide. processing aid. P–18–0050A ... 3 6/21/2018 CBI ...... (G) Raw material in in- (G) Alkane, diisocyanato-, homopolymer, alkyl dihydrogen dustrial coatings. phosphate- and polyalkylene glycol mono-alkyl ether. P–18–0104A ... 3 6/8/2018 CBI ...... (S) Halogen free flame re- (G) Acrylic acid, reaction products with pentaerythritol, polym- tardant in thermoplastic erized. polymers. P–18–0104A ... 4 6/21/2018 CBI ...... (S) Halogen free flame re- (G) Acrylic acid, reaction products with pentaerythritol, polym- tardant in thermoplastic erized. polymers. P–18–0132A ... 2 6/7/2018 Cabot Corporation ...... (S) Pigment dispersing (G) Substituted Benzene, 4-methoxy-2-nitro-5-[2-[(1E)-1-[[(2- aid. methoxyphenyl)amino]carbonyl]-2-oxopropylidene]hydrazinyl]-, sodium salt (1:1). P–18–0155A ... 2 6/04/2018 CBI ...... (G) Component in cement (G) Crosslinked polymer of alkyl acrylamides, acrylate esters, and alkyl acrylamide sulfonate salt. P–18–0155A ... 3 6/25/2018 CBI ...... (G) Component in cement (G) Crosslinked polymer of alkyl acrylamides, acrylate esters, and alkyl acrylamide sulfonic acid. P–18–0156A ... 2 6/04/2018 CBI ...... (G) Component in cement (G) Crosslinked polymer of alkyl acrylamides, acrylate esters, and alkyl acrylamide sulfonate salt. P–18–0156A ... 3 6/25/2018 CBI ...... (G) Component in cement (G) Crosslinked polymer of alkyl acrylamides, acrylate esters, and alkyl acrylamide sulfonic acid. P–18–0168A ... 2 6/25/2018 CBI ...... (G) Color additive ...... (G) alkoxylated triaryl methane. P–18–0169A ... 5 6/19/2018 C. L. Hauthaway & Sons (G) Protective coating ...... (G) Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-methyl-, poly- Corp. mer with dimethyl carbonate, 1,6-hexanediol, diamine and 1,1′- methylenebis[4-isocyanatocyclohexane], acrylate-blocked, compds. with triethylamine. P–18–0187 ...... 2 6/4/2018 CBI ...... (G) Emulsifier ...... (G) Carboxylic acid-polyamine condensate. P–18–0187A ... 3 6/14/2018 CBI ...... (G) Emulsifier ...... (G) Carboxylic acid-polyamine condensate. P–18–0197 ...... 1 6/1/2018 CBI ...... (G) Polymer composite (G) Metal, alkylcarboxylate oxo complexes. additive. P–18–0198 ...... 2 6/6/2018 CBI ...... (G) Additive for lubricant (G) Substituted sulfonic acid salt. technologies. P–18–0199 ...... 1 6/1/2018 CBI ...... (G) Fuel cell component .. (G) Rare earth oxide. P–18–0200 ...... 1 6/1/2018 CBI ...... (G) Insulation component (G) Waste plastics, poly(ethylene terephthalate), polymers with diethylene glycol, glycerol, polyerythritol, triethylene glycol, trimethylolalkane and polypropylene glycol. P–18–0201 ...... 1 6/1/2018 CBI ...... (G) Insulation component (G) Waste plastics, poly(ethylene terephthalate), polymers with diethylene glycol, glycerol, polyerythritol, phthalic anhydride, triethylene glycol, trimethylolalkane, and polypropylene glycol. P–18–0201A ... 2 6/7/2018 CBI ...... (G) Insulation component (G) Waste plastics, poly(ethylene terephthalate), polymers with diethylene glycol, glycerol, polyerythritol, phthalic anhydride, triethylene glycol, trimethylolalkane, and polypropylene glycol. P–18–0202 ...... 1 6/4/2018 Hexion, Inc ...... (G) Demulsifier ...... (G) Trialkyl alkanal, polymer with phenol. (G) Composite resin, (G) Compatibilizer, (G) Coating resin, (G) Coated abrasives, (G) Foam resin, (G) Friction resin, (G) Refractory resin, (G) Tackifier additives, (G) Bonded abrasives, (G) Rubber additive.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51684 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

TABLE I—PMN/SNUN/MCANS RECEIVED FROM 6/1/2018 TO 6/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–18–0202A ... 3 6/14/2018 Hexion, Inc ...... (G) Demulsifier ...... (G) Trialkyl alkanal, polymer with phenol. (G) Composite resin, (G) Compatibilizer, (G) Coating resin, (G) Coated abrasives, (G) Foam resin, (G) Friction resin, (G) Refractory resin, (G) Tackifier additives, (G) Bonded abrasives, (G) Rubber additive. P–18–0203 ...... 1 6/4/2018 Hexion, Inc ...... (G) Tackifier additives ..... (G) Trialkyl alkanal, polymer with alkylalkanal and phenol. (G) Rubber additive, (G) Refractory resin, (G) Friction resin, (G) Foam resin, (G) Demulsifier, (G) Composite resin, (G) Compatibilizer, (G) Coating resin, (G) Coated abrasives, (G) Bonded abrasives. P–18–0203A ... 3 6/14/2018 Hexion, Inc ...... (G) Tackifier additives ..... (G) Trialkyl alkanal, polymer with alkylalkanal and phenol. (G) Rubber additive, (G) Refractory resin, (G) Friction resin, (G) Foam resin, (G) Demulsifier, (G) Composite resin, (G) Compatibilizer, (G) Coating resin, (G) Coated abrasives, (G) Bonded abrasives. P–18–0204 ...... 1 6/4/2018 Hexion, Inc ...... (G) Coated abrasives ...... (G) Alkyl alkanal, polymer with phenol. (G) Coating resin, (G) Bonded abrasives, (G) Tackifier additive, (G) Rubber additive, (G) Refractory resin, (G) Friction resin, (G) Foam resin, (G) Demulsifier, (G) Composite resin, (G) Compatibilizer. P–18–0204A ... 3 6/14/2018 Hexion, Inc ...... (G) Coated abrasives ...... (G) Alkyl alkanal, polymer with phenol. (G) Coating resin, (G) Bonded abrasives, (G) Tackifier additive, (G) Rubber additive, (G) Refractory resin, (G) Friction resin, (G) Foam resin, (G) Demulsifier, (G) Composite resin, (G) Compatibilizer. P–18–0205 ...... 1 6/4/2018 Hexion, Inc ...... (G) Tackifier additives ..... (G) Alkyl alkanal, polymer with formaldehyde and phenol. (G) Coated abrasives, (G) Coating resin, (G) Compatibilizer, (G) Composite resin, (G) Bonded abrasives, (G) Foam resin, (G) Friction resin, (G) Refractory resin, (G) Rubber additive, (G) Tackifier additive, (G) Demulsifier. P–18–0205A ... 3 6/14/2018 Hexion, Inc ...... (G) Tackifier additive ...... (G) Alkyl alkanal, polymer with formaldehyde and phenol. (G) Coated abrasives, (G) Coating resin, (G) Compatibilizer, (G) Composite resin, (G) Bonded abrasives, (G) Foam resin, (G) Friction resin, (G) Refractory resin, (G) Rubber additive, (G) Tackifier additive, (G) Demulsifier.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51685

TABLE I—PMN/SNUN/MCANS RECEIVED FROM 6/1/2018 TO 6/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–18–0206 ...... 1 6/4/2018 Hexion, Inc ...... (G) Bonded abrasives ..... (G) Alkanal, polymer with phenol. (G) Coated abrasives, (G) Coating resin, (G) Compatibilizer, (G) Composite resin, (G) Demulsifier, (G) Foam resin, (G) Refractory resin, (G) Rubber additive, (G) Tackifier additive. P–18–0206A ... 3 6/14/2018 Hexion, Inc ...... (G) Bonded abrasives ..... (G) Alkanal, polymer with phenol. (G) Coated abrasives, (G) Coating resin, (G) Compatibilizer, (G) Composite resin, (G) Demulsifier, (G) Foam resin, (G) Refractory resin, (G) Rubber additive, (G) Tackifier additive. P–18–0207 ...... 2 6/6/2018 CBI ...... (G) Polymer composite (G) Metal, oxo alkylcarboxylate complexes. additive. P–18–0208 ...... 2 6/14/2018 CBI ...... (G) Friction reducer ...... (G) Polymer of acrylamide, substituted ammonium chloride and sodium salt of derivatized propanesulfonic acid. P–18–0209 ...... 1 6/8/2018 CBI ...... (G) UV curable oligomer (G) 2-propenoic acid, reaction products with epichlorohydrin and aliphatic diol. P–18–0210 ...... 1 6/11/2018 CBI ...... (G) Intermediate ...... (G) Phosphonomethylated ether diamine. P–18–0211 ...... 1 6/12/2018 Patcham USA, LLC ...... (S) Wetting and dis- (G) Alkaneamine, (aminoalkyl)-, polymer with aziridine and 1,6- persing agent for pig- diisocyanatohexane, polyethylene glycol alkyl ether- and poly- ment formulations, ethylene-polypropylene glycol aminoalkyl alkyl ether- and alke- paints, and coatings. nyl benzenated polyethylene glycol PH ether. P–18–0212 ...... 1 6/14/2018 Allnex USA, Inc ...... (S) Coating resin for im- (G) Substituted carbomonocycle, polymer with alkyl alkenoate, al- proved appearance and kenyl substituted carbomonocycle, substituted alkanediol, adhesion. heteropolycycle, alkylene glycol and alkenoic acid, compounds with alkylamino alkanol. P–18–0212A ... 2 6/26/2018 Allnex USA, Inc ...... (S) Coating resin for im- (G) Substituted carbomonocycle, polymer with alkyl alkenoate, al- proved appearance and kenyl substituted carbomonocycle, substituted alkanediol, adhesion. heteropolycycle, alkylene glycol and alkenoic acid, compounds with alkylamino alkanol. P–18–0213 ...... 1 6/18/2018 CBI ...... (S) polyester or poly- (S) 1,3-benzenedicarboxylic acid, 5-sulfo-, calcium salt (2:1). amide modifer incor- porated into backbone of polymer. P–18–0214 ...... 1 6/18/2018 CBI ...... (G) Curing agent ...... (G) Polycyclic substituted alkane, polymer with cyclicalkylamine, epoxide, and polycyclic epoxide ether, reaction products with dialkylamine substituted alkyl amine. P–18–0215 ...... 1 6/18/2018 CBI ...... (G) Curing agent ...... (G) Polycyclic alkane, polymer with monocyclic amine, polycyclic epoxide ether, reaction products with dialkylamine alkyl amine. P–18–0216 ...... 1 6/18/2018 CBI ...... (G) Curing agent ...... (G) Polycyclic substituted alkane, polymer with epoxide, reaction products with cyclicalkylamine and dialkylamine substituted alkyl amine. P–18–0217 ...... 3 6/26/2018 Galata Chemicals, LLC ... (S) Stabilizer for PVC (G) Alkyltin dodecylthioester. compound. P–18–0218 ...... 3 6/26/2018 Galata Chemicals, LLC ... (S) Stabilizer for PVC (G) Alkyltin tetradecylthioester. compound. P–18–0219 ...... 2 6/21/2018 CBI ...... (G) Intermediate for top- (G) Polythioether, short chain diol polymer terminated with ali- coat. phatic diisocyanate. P–18–0220 ...... 1 6/21/2018 Allnex USA, Inc ...... (S) UV Curable Coating (G) Heteromonocycle [(alkylalkylidene)bis(substituted Resin. carbomoncycle)]bis-, polymer with alkyl isocyanate, alkenoate (ester). P–18–0221 ...... 1 6/21/2018 Georgia-Pacific Chemi- (S) binder for wood pan- (G) Polyglycerol reaction product with acid anhydride, etherified. cals, LLC. els. P–18–0222 ...... 1 6/22/2018 Clariant Plastics & Coat- (S) Reactive polymer for (G) Silane, alkenylalkoxy-, polymer with alkene and alkene. ings USA, Inc. use in adhesive appli- cations. P–18–0223 ...... 1 6/26/2018 Clariant Corporation ...... (S) Selectivity improver (G) Alkane, bis(alkoxymethyl)-dimethyl-. for catalysts used in the production of polyolefins. P–18–0227 ...... 1 6/29/2018 CBI ...... (G) Chemical intermediate (S) D-glucaric acid. (G) Corrosion inhibitor. P–18–0230 ...... 1 6/29/2018 Clariant Plastics & Coat- (S) Lubricant and surface (S) Waxes and waxy substances, rice bran, oxidized, calcium ings USA, Inc. protection agent. salts. P–18–0231 ...... 1 6/29/2018 Allnex USA, Inc ...... (S) Waterborne UV cur- (G) Alkanoic acid, substituted alkyl-, polymer with able coating resin bind- isocyanatoalkane, alkyl carbonate, alkanediol and polyalkylene er for inkjet, ink or over- glycol ether with alkyl(substituted alkyl) alkanediol alkenoate, print varnish. glycerol monoacrylate alkanoate-blocked.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51686 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

In Table II of this unit, EPA provides number assigned to the NOC including submitter in the NOC, a notation of the the following information (to the extent whether the submission was an initial type of amendment (e.g., amendment to that such information is not claimed as or amended submission, the date the generic name, specific name, technical CBI) on the NOCs received by EPA NOC was received by EPA, the date of contact information, etc.) and chemical during this period: The EPA case commencement provided by the substance identity.

TABLE II—NOCS RECEIVED FROM 6/1/2018 TO 6/30/2018

Commence- Case No. Received date ment date If amendment, type of amendment Chemical substance

P–13–0289 ... 6/27/2018 6/13/2018 ...... (G) Alkanoic acid, tetramethylheteromonocycle ester. P–13–0878 ... 6/8/2018 5/9/2018 ...... (G) Reaction product of acrylic acid and isocyanate. P–14–0355 ... 6/6/2018 5/31/2018 ...... (S) 4h-1,3-benzodioxin, hexahydro-4-methyl-2- (phenylmethyl)-. P–14–0471 ... 6/1/2018 5/9/2018 ...... (G) Acrylate isocyanate polymer. P–15–0706A 6/12/2018 7/9/2017 Amended substantiation...... (G) Aliphatic N-alkyl urea polymer containing cyclohexyl groups and trimethoxy silanes. P–15–0707A 6/11/2018 7/9/2017 Amended substantiation ...... (G) Aliphatic N-alkyl urea polymer containing aspar- tic ester groups and trimethoxy silanes. P–16–0063 ... 6/12/2018 5/23/2018 ...... (G) Hydroxyl carboxylic acid, compds. with 2- (dimethylamino)ethanol-quaternized bisphenol a- [2-(dimethylamino)ethanol-blocked polymethylenepolyphenylene isocyanate-poly- propylene glycol polymer]-epichlorohydrin poly- mer. P–16–0130 ... 6/1/2018 5/7/2018 ...... (G) Polyester-amide, polymer of isophthalic acid with glycol, diamine, and amino alcohol. P–16–0310 ... 6/13/2018 4/9/2018 Amended generic name ...... (G) 12-Hydroxystearic acid, reaction products with alkylene diamine and alkanoic acid. P–16–0410A 6/20/2018 4/4/2018 Amended generic name...... (G) Phosphonic acid, [(hydroxycyclosiloxanediyl) alkanediyl] dialkyl ester, alkali metal salt, reaction products with alkali metal silicate. P–16–0588 ... 6/6/2018 5/13/2018 ...... (G) Alkyl methacrylate, polymer with alkyl acrylate and polyesters,. P–17–0251 ... 6/1/2018 5/8/2018 ...... (G) 1-h-benz[de] isoquinoline-1,3(2h)-dione-2-(-alkyl- )-(-alkyl-amino-),,. P–17–0273 ... 6/19/2018 6/14/2018 ...... (G) Fatty acid amide alkyl amine salts. P–17–0353 ... 6/4/2018 5/25/2018 ...... (G) Heteromonocycle, 2-[(bicarbomonocycle-2-sub- stituted)alkyl]-,. P–17–0373 ... 6/11/2018 6/10/2018 ...... (G) Heteromonocycle, homopolymer, alkyl sub- stituted carbamate, alkyl ester. P–17–0374 ... 6/12/2018 6/11/2018 ...... (G) Polysiloxanes, di alkyl , substituted alky group- terminated, alkoxylated, reaction products with alkanoic acid, isocyanate substituted-alkyl carbomonocycle and polyol. P–18–0017 ... 6/29/2018 6/29/2018 ...... (G) Substituted carbomonocycle, polymer with sub- stituted heteromonocycle and substituted polyalkylene glycol. P–18–0021A 6/1/2018 4/6/2018 Amended generic name ...... (G) Dicarboxylic acids, polymers with substituted poly(substituted alkenediyl),3-hydroxy-2- (hydroxyalkyl)-2-alkylalkanoic acid, 5-substituted- 1-(substituted alkyl)-1,3,3-trialkyl carbomonocyle, alkanediol, alkane-triol, alcohol blocked com- pounds with aminoalcohol.

In Table III. of this unit, EPA provides by EPA during this time period: The type of test information submitted, and the following information (to the extent EPA case number assigned to the test chemical substance identity. such information is not subject to a CBI information; the date the test claim) on the test information received information was received by EPA, the

TABLE III—TEST INFORMATION RECEIVED FROM 6/1/2018 TO 6/30/2018

Case No. Received date Type of test information Chemical substance

P–16–0543 .... 6/28/2018 Exposure Monitoring Data ...... (G) halogenophosphoric acid metal salt. P–17–0253 .... 6/1/2018 Surface Tension Testing ...... (G) oxirane, 2-methyl-, polymer with oxirane, methyl 2-(substituted carbomonocylce isoquinolin-2(3H)-yl) propyl ether. P–18–0027 .... 6/11/2018 Acute Toxicity Test with the Fathead Minnow, (G) 2-propenoic acid, 2-alkyl-, 2-(dialkylamino)alkyl Pimephales Promelas, as Mitigated by Humic Acid ester, polymer with alpha-(2-alkyl-1-oxo-2-alken-1- (Test Guideline OPPTS 850.1085). yl)-omega-methoxypoly(oxy-1,2-alkanediyl).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51687

TABLE III—TEST INFORMATION RECEIVED FROM 6/1/2018 TO 6/30/2018—Continued

Case No. Received date Type of test information Chemical substance

P–18–0031 .... 6/14/2018 In Vitro Skin Irritation: Reconstructed Human Epider- (G) substituted dicarboxylic acid, polymer with various mis Test (Test Guideline OECD 439). alkanediols. P–18–0060 .... 6/29/2018 Preliminary Toxicity Study by Oral Gavage Adminis- (S) 1-butanaminium, 4-amino-N-(2-hydroxy-3- tration to CD Rats for 14 Days, Combined Re- sulfopropyl)-N, N-dimethyl-4-oxo-, N-coco alkyl peated Dose Toxicity Study and Reproductive/De- derivs., inner salts. velopmental Toxicity Screening Study (Test Guide- line OECD 422). P–18–0125 .... 6/7/2018 Physical Property Data ...... (G) oxoalkylcarboxylic acid, sodium salt. P–18–0140 .... 6/29/2018 Physical Property Data, Acute Toxicity by Oral Ga- (G) methyl modified lactam. vage in Rats, Biodegradation Test (Test Guideline OCED 301B), Bovine Corneal Opacity and Perme- ability Test (Test Guideline OCED 437), In Vitro Skin Corrosion: Reconstructed Human Epidermis (Test Guideline OECD 431). P–18–0141 .... 6/29/2018 Physical Property Data, Acute Toxicity by Oral Ga- (G) ethyl modified lactam. vage in Rats, (Test Guideline OECD 431), Bacterial Reverse Mutation Test (Test Guideline OECD 471).

If you are interested in information NE, Washington, DC 20507, (202) 663– Mr. Richard Toscano, Director, Equal that is not included in these tables, you 4758. Employment Opportunity Staff, may contact EPA’s technical SUPPLEMENTARY INFORMATION: U.S. Department of Justice information contact or general Publication of the Performance Review Ms. Carol Miaskoff, Associate Legal information contact as described under Board (PRB) membership is required by Counsel, U.S. Equal Employment FOR FURTHER INFORMATION CONTACT to 5 U.S.C. 4314(c)(4). The PRB reviews Opportunity Commission access additional non-CBI information and evaluates the initial appraisal of a (Alternate) that may be available. senior executive’s performance by the Ms. Rosa Viramontes, Program Authority: 15 U.S.C. 2601 et seq. supervisor, and makes Manager, U.S. Equal Employment recommendations to the Chair, EEOC, Opportunity Commission Dated: September 27, 2018. with respect to performance ratings, pay (Alternate) Pamela Myrick, level adjustments, and performance Ms. Delner Franklin-Thomas, Program Director, Information Management Division, awards. Manager, U.S. Equal Employment Office of Pollution Prevention and Toxics. The following are the names and titles Opportunity Commission [FR Doc. 2018–22263 Filed 10–11–18; 8:45 am] of executives appointed to serve as (Alternate) BILLING CODE 6560–50–P members of the SES PRB. Designated By the direction of the Commission. members will serve a 12-month term, Dated: September 28, 2018. which begins on November 1, 2018. Reuben Daniels, Jr., EQUAL EMPLOYMENT OPPORTUNITY PRB Chair: Acting Chief Operating Officer. COMMISSION Mr. Carlton Hadden, Director, Office of Federal Operations, U.S. Equal [FR Doc. 2018–22249 Filed 10–11–18; 8:45 am] SES Performance Review Board— Employment Opportunity BILLING CODE 6570–01–P Appointment of Members Commission Members: AGENCY: U.S. Equal Employment Ms. Gwendolyn Reams, Associate Opportunity Commission. FEDERAL COMMUNICATIONS General Counsel for Litigation COMMISSION ACTION: Notice. Management Services, U.S. Equal Employment Opportunity SUMMARY: Notice is hereby given of the Deletion of Item From Sunshine Act Commission appointment of members to the Meeting Mr. James Neely, Program Manager, Performance Review Board of the Equal Office of Field Programs, U.S. Equal September 25, 2018. Employment Opportunity Commission Employment Opportunity The following item has been deleted (EEOC). Commission from the list of items scheduled for FOR FURTHER INFORMATION CONTACT: Mr. Kevin Berry, Program Manager, consideration at the Wednesday, Kevin L. Richardson, Chief Human Office of Field Programs, U.S. Equal September 26, 2018, Open Meeting and Capital Officer, U.S. Equal Employment Employment Opportunity previously listed in the Commission’s Opportunity Commission, 131 M Street Commission Notice of September 19, 2018.

6 ...... MEDIA ...... Title: Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as Amended by the Cable Television Consumer Protection and Competition Act of 1992 (MB Dock- et No. 05–311). Summary: The Commission will consider a Second Further Notice of Proposed Rulemaking ad- dressing two issues raised by a remand from the U.S. Court of Appeals for the Sixth Circuit concerning how local franchising authorities may regulate incumbent cable operators and cable television services.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51688 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Federal Communications Commission. Kaisha Line; and Kawasaki Kisen Dated: October 5, 2018. Marlene Dortch, Kaisha, Ltd. as parties to the Agreement JoAnne O’Bryant, Secretary. due to the creation of Ocean Network Program Analyst. [FR Doc. 2018–22386 Filed 10–10–18; 4:15 pm] Express Pte. Ltd. The amendment also [FR Doc. 2018–22191 Filed 10–11–18; 8:45 am] BILLING CODE 6712–01–P deletes Yang Ming Marine Transport BILLING CODE 6731–AA–P Corp., which has withdrawn from the Agreement. FEDERAL ELECTION COMMISSION Proposed Effective Date: 10/2/2018. DEPARTMENT OF HEALTH AND Location: https://www2.fmc.gov/ HUMAN SERVICES Sunshine Act Meeting FMC.Agreements.Web/Public/ AgreementHistory/1560 Administration for Community Living FEDERAL REGISTER CITATION NOTICE OF Agreement No.: 201232–002. PREVIOUS ANNOUNCEMENT: 83 FR 48314 Solicitation for Nominations To Serve Agreement Name: NYSA—ILA on the Family Caregiving Advisory PREVIOUSLY ANNOUNCED TIME AND DATE OF Assessment Agreement. Council THE MEETING: Tuesday, September 25, Parties: International Longshoremen’s 2018 at 10:00 a.m. Association, AFL–CIO and the New AGENCY: Administration for Community CHANGES IN THE MEETING: The meeting York Shipping Association. Living, HHS. was continued on Tuesday, October 9, Filing Party: Donato Caruso, The ACTION: Notice. 2018. Lambos Firm LLP; and Andre Mazzola, * * * * * Marrinan & Mazzola Mardon P.C. SUMMARY: The Secretary of Health & CONTACT PERSON FOR MORE INFORMATION: Synopsis: The amendment updates Human Services (Secretary) seeks Judith Ingram, Press Officer, Telephone: the Agreement to include a resolution nominations for individuals to serve on (202) 694–1220. which permits the use of assessments to the Family Caregiving Advisory fund additional labor costs for staff Council. Laura E. Sinram, employees which are incurred by DATES: Nominations must be submitted Deputy Secretary of the Commission. terminal operators for weekend hiring. by Monday December 3, 2018. [FR Doc. 2018–22300 Filed 10–10–18; 11:15 am] Proposed Effective Date: 10/4/2018. (Nominations submitted via mail must BILLING CODE 6715–01–P Location: https://www2.fmc.gov/ be postmarked by Monday December 3, FMC.Agreements.Web/Public/ 2018). AgreementHistory/2072 ADDRESSES: You may submit FEDERAL MARITIME COMMISSION Agreement No.: 011730–008. nominations, including attachments, by Notice of Agreements Filed Agreement Name: GWF/Dole Space either of the following methods: Charter and Sailing Agreement. (1) Email: Send to: RAISEAct@ The Commission hereby gives notice Parties: Dole Ocean Cargo Express, acl.hhs.gov (specify in the email subject of the filing of the following agreements LLC; Great White Fleet Corp.; and Great line the name of the nominee) under the Shipping Act of 1984. White Fleet Liner Services, Ltd. (2) Mail or express delivery: Submit Interested parties may submit comments Filing Party: Wayne Rohde; Cozen materials to: Family Caregiving on the agreements to the Secretary by O’Connor. Advisory Council, Administration for email at [email protected], or by mail, Synopsis: The amendment removes Community Living, 330 C Street SW, Federal Maritime Commission, Dole Ocean Cargo Express, Inc. as a Washington, DC 20201. Washington, DC 20573, within twelve party to the Agreement and replaces it For questions, contact Whitney Bailey days of the date this notice appears in with Dole Ocean Cargo Express, LLC. at [email protected]. the Federal Register. Copies of Proposed Effective Date: 11/10/2018. SUPPLEMENTARY INFORMATION: The agreements are available through the Location: https://www2.fmc.gov/ Family Caregiving Advisory Council Commission’s website (www.fmc.gov) or FMC.Agreements.Web/Public/ (the Advisory Council) is authorized by contacting the Office of Agreements AgreementHistory/698 under Section 4 of the Recognize, at (202) 523–5793 or tradeanalysis@ Assist, Include, Support, and Engage fmc.gov. Agreement No.: 201278. Family Caregivers Act of 2017 (Pub. L. Agreement No.: 011284–079. Agreement Name: HLAG/ONE Gulf- 115–119), commonly referred to as the Agreement Name: Ocean Carrier Central America Slot Charter ‘‘RAISE Family Caregivers Act.’’ The Equipment Management Association. Agreement. Advisory Council shall study and Parties: American President Lines, Parties: Hapag-Lloyd AG and Ocean prepare findings, conclusions, and Ltd.; APL Co. Pte. Ltd.; CMA CGM S.A.; Network Express Pte. Ltd. recommendations to the Secretary of Cosco Shipping Co., Ltd.; Evergreen Filing Party: Wayne Rohde; Cozen Health & Human Services on: (a) Line Joint Service Agreement; Hamburg O’Connor. Evidence-based or promising practices Sud; Hapag-Lloyd AG; Hapag-Lloyd Synopsis: The Agreement authorizes and innovative models for the provision USA, LLC; Hyundai Merchant Marine Hapag-Lloyd to charter space to ONE on of care by family caregivers or support Co., Ltd.; Maersk Line A/S; its GCS service in the trade between for family caregivers; and (b) Improving Mediterranean Shipping Company S.A.; U.S. Gulf Coast ports and Puerto Rico on coordination across federal government Orient Overseas Container Line Limited; the one hand and ports in Mexico, the programs. The Advisory Council also Wan Hai Lines Ltd.; Zim Integrated Dominican Republic, Colombia, Costa will advise and provide Shipping Services Ltd.; and Ocean Rica, Guatemala, and Honduras on the recommendations to the Secretary of Network Express Pte. Ltd. other hand. Health & Human Services on Filing Party: Donald Kassilke; Cozen Proposed Effective Date: 11/12/2018. recognizing and supporting family O’Connor. Location: https://www2.fmc.gov/ caregivers. The Advisory Council will Synopsis: The amendment deletes FMC.Agreements.Web/Public/ consist of at least three ex officio Mitsui O.S.K. Lines, Ltd.; Nippon Yusen AgreementHistory/16301 members: The Administrator of the

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51689

Centers for Medicare & Medicaid how family caregiving impacts vacancies will be appointed for the Services (or the Administrator’s Medicare, Medicaid, and other federal remainder of the life of the Advisory designee); the Administrator of the programs. The initial report will be used Council. Administration for Community Living by the U.S. Department of Health and Dated: October 4, 2018. (or the Administrator’s designee who Human Services to inform the Lance Robertson, has experience with both aging and development of a national family Administrator and Assistant Secretary for disability); and the Secretary of Veterans caregiving strategy (the strategy), which Aging. Affairs (or the Secretary’s designee). will be updated biennially. To that end, Heads of other federal departments or the Advisory Council shall recommend [FR Doc. 2018–22268 Filed 10–11–18; 8:45 am] agencies (or their designees) also may be actions that may be taken by the federal BILLING CODE 4154–01–P appointed as ex officio members. In government (under existing programs), addition, the Secretary will appoint a state and local governments, DEPARTMENT OF HEALTH AND maximum of fifteen voting members communities, health care providers, HUMAN SERVICES with at least one from each of the long-term services and supports following constituencies: family providers, and others to recognize and Administration for Community Living caregivers; older adults who need long- support family caregivers in a manner term services and supports; individuals that reflects their diverse needs. Once Solicitation for Nominations To Serve with disabilities; health care and social the strategy has been published, the on the Advisory Council To Support service providers; providers of long- Advisory Council will support the Grandparents Raising Grandchildren term services and supports; employers; preparation of biennial updates, which paraprofessional workers; state and will include: new developments, AGENCY: Administration for Community local officials; accreditation bodies; challenges, opportunities, and solutions; Living, HHS. veterans; and as appropriate, other as well as recommendations for priority ACTION: Notice. experts and advocacy organizations actions to improve the implementation SUMMARY: The Secretary of Health & engaged in family caregiving. The of the strategy, as appropriate. In Human Services (Secretary) seeks membership of the Advisory Council addition, the Advisory Council will nominations for grandparents who are will reflect the diversity of family submit an annual report on the raising grandchildren and older caregivers and individuals receiving development, maintenance, and relatives who are caring for children to services and supports. updating of the strategy. The report will serve on the Advisory Council to include a description of the Advisory Council Responsibilities: Support Grandparents Raising implementation of the actions The Advisory Council is required to Grandchildren. meet quarterly during its first year and recommended in the initial report, as at least three times each year thereafter. appropriate. This report will be DATES: Nominations must be submitted Meetings will be open to the public. provided to the Secretary, Congress, and by Monday December 3, 2018. Advisory Council members will be the state agencies responsible for (Nominations submitted via mail must expected to meaningfully and carrying out family caregiver programs. be postmarked by Monday December 3, substantively participate in at least one The completion of all described 2018.) subcommittee, which will meet activities is dependent upon the ADDRESSES: Nominations, including periodically between meetings of the identification of federal funding that can attachments, may be submitted as full Advisory Council. Within 12 be utilized for the purposes of carrying follows: months, the Advisory Council will out the legislation. (1) Email: Send to: SGRG.Act@ develop an initial report that includes: Nomination Process: Any person or acl.hhs.gov (include the name of the (a) An inventory and assessment of all organization may nominate one or more nominee in the subject line) federally funded efforts to recognize and qualified individuals for membership. (2) Mail or express delivery: Submit support family caregivers and the Nomination packages must include: (1) materials to: Advisory Council to outcomes of such efforts, including A nomination letter not to exceed one Support Grandparents Raising analyses of the extent to which federally (1) page that provides the reason(s) for Grandchildren, Administration for funded efforts are reaching family nominating the individual, the Community Living, 330 C Street SW, caregivers and gaps in such efforts; (b) constituency they represent (from the Washington, DC 20201. Recommendations to improve and better list above; may be more than one), and For questions, contact Whitney Bailey coordinate federal programs and the nominee’s particular relevant at [email protected]. activities to recognize and support experience and/or professional SUPPLEMENTARY INFORMATION: The family caregivers, as well as expertise; (2) Contact information for number of grandparents and other older opportunities to improve the the nominee (name, title (if applicable), relatives who are caring for children is coordination of federal and state address, phone, and email address); and significant and growing, in part due to programs and activities; (c) (3) The nominee’s resume (not to exceed the opioid crisis. Although caregivers’ Recommendations to effectively deliver two (2) pages), if the nomination is lives are enhanced by the experience, services based on the performance, based on their professional capacity or providing full-time care to children can mission, and purpose of a program, qualifications. A resume is optional decrease caregivers’ abilities to address while eliminating redundancies, otherwise. Nominees will be appointed their own health and well-being needs. avoiding unnecessary duplication and based on their demonstrated knowledge, Recognizing that these caregivers would overlap, and ensuring the needs of qualifications, and professional or benefit from improved coordination of family caregivers are met; (d) personal experience related to the resources intended to support them, as Identification of challenges faced by purpose and scope of the Advisory well as better dissemination of family caregivers, including financial, Council. Members will be appointed for information about those resources, the health, and other challenges, and the full life of the Advisory Council, Supporting Grandparents Raising existing approaches to address such which will sunset in January 2021. Grandchildren Act (Pub. L. 115–196) challenges; and (e) An evaluation of Members appointed to fill subsequent established an Advisory Council to

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51690 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Support Grandparents Raising welcomes nominations of others who Under the Paperwork Reduction Act of Grandchildren The Advisory Council may be able to provide subject matter 1995 (the PRA), Federal agencies are will identify, promote, coordinate, and expertise or technical contributions to required to publish a notice in the disseminate to the public information, the Advisory Council. This may include Federal Register concerning each resources, and the best practices (but is not limited to) professionals in proposed collection of information, available to help grandparents and other academia, providers of supportive including each proposed extension of an older relatives both meet the needs of services, mental/behavioral health existing collection of information, and the children in their care; and maintain experts, legal and financial service to allow 60 days for public comment in their own physical and mental health providers, and others who serve these response to the notice. and emotional well-being. The Advisory populations. Nomination packages must This notice seeks to collect comments Council is specifically directed to include: (1) A nomination letter not to on the proposed new data collection consider the needs of those affected by exceed one (1) page that provides the (ICR New), which will replace four the opioid crisis, as well as the needs of reason(s) for nominating the individual, existing Protection and Advocacy members of Native American Tribes. and a description of their relevant Program Performance Reports and other The Department of Health and Human experience and/or professional revisions. The four annual reports Services is the lead agency, and within expertise; (2) Contact information for include the following: (1) it, the Administration for Community the nominee (name, title (if applicable), Developmental Disabilities Protection Living has been designated to execute address, phone, and email address); and and Advocacy Systems Program its responsibilities. (3) The nominee’s resume (not to exceed Performance Report (0985–0027), (2) Membership two (2) pages), if the nomination is Protection and Advocacy for Assistive based on their professional capacity. For Technology (PAAT) Program The Advisory Council will include all others, a resume or a written Performance Report (0985–0046); (3) the following (or their designees): The summary of qualifications and life Protection and Advocacy Voting Access Secretary of Health and Human experience (not to exceed two (2) pages) Services; the Secretary of Education; the Annual Report (Help America Vote Act) may be submitted, but is not required. Administrator of the Administration for (HAVA) (0985–0028); and (4) Protection Nominees will be appointed based on Community Living (ACL); the Assistant and Advocacy for Traumatic Brain their demonstrated knowledge, Secretary for Mental Health and Injury (PATBI) Program Performance qualifications, and professional or Substance Use; the Assistant Secretary Report (0985–0058). personal experience related to the for the Administration for Children and State Protection and Advocacy (P&A) purpose and scope of the Advisory Families; and, as appropriate, the heads Systems in each State and Territory Council. Members will be appointed for of other federal departments or agencies provide individual legal advocacy, with responsibilities related to current the full life of the Advisory Council, systemic advocacy, monitoring and issues affecting grandparents or other which will sunset in January 2021. investigations to protect and advance older relatives raising children. The Members appointed to fill subsequent the rights of people with developmental Advisory Council also must include at vacancies will be appointed for the disabilities, using funding administered least one grandparent who is raising a remainder of the life of the Advisory by the Administration on Intellectual grandchild, and at least one older Council. and Developmental Disabilities (AIDD), relative caring for children. Dated: October 5, 2018. Administration on Disabilities, Report Requirements: The Advisory Lance Robertson, Administration for Community Living, Council will develop a report that Administrator and Assistant Secretary for HHS. To meet statutory reporting includes best practices, resources, and Aging. requirements, P&As have used four other useful information for [FR Doc. 2018–22269 Filed 10–11–18; 8:45 am] separate forms for submitting annual grandparents and other older relatives BILLING CODE 4154–01–P reports. It is proposed that the four raising children (including information forms be combined by creating the One related to the needs of children Protection and Advocacy Annual impacted by the opioid epidemic); an DEPARTMENT OF HEALTH AND Program Performance Report form. Once identification of gaps in such HUMAN SERVICES the four program performance reports information and resources; and, where are combined, the current OMB applicable, identification of any Administration on Community Living approval numbers for each report will additional federal legislative authorities be retired, and a new approval number necessary to implement. This report will Agency Information Collection will be created for the One Protection be provided to the Secretary, Congress, Activity; Proposed Collection: Public and Advocacy Program Performance and the state agencies responsible for Comment Request; One Protection and Report. carrying out family caregiver programs. Advocacy Annual Program Performance Report DATES: Comments on the proposed The initial report will be submitted collection of information must be within six months, with an update AGENCY: Office of Program Support, submitted electronically by 11:59 p.m. submitted within two years. The Administration on Intellectual and (EST) on December 11, 2018. Advisory Council will establish a Developmental Disabilities, ADDRESSES: Submit electronic process for obtaining public input to Administration on Disabilities, comments on the collection of inform the development of both the Administration for Community Living, information by email to: Clare.Huerta@ initial report and the subsequent HHS. acl.hhs.gov. update. ACTION: Notice. Nomination Process: Any person or FOR FURTHER INFORMATION CONTACT: organization may nominate one or more SUMMARY: The Administration for Clare Huerta, Administration for qualified grandparents raising Community Living (ACL) is announcing Community Living, Administration on grandchildren and/or older relative an opportunity for the public to Intellectual and Developmental caregivers of children for membership comment on the proposed new data Disabilities, Office of Program Support, on the Advisory Committee. ACL also collection (ICR New) listed above. 330 C Street SW, Washington, DC

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51691

20201, (202) 795–7301 or Clare.Huerta@ U.S.C. 15044: Federal statute and narrative report describing the work acl.hhs.gov. regulation require each P&A to annually performed with the funds authorized SUPPLEMENTARY INFORMATION: Under the prepare a report that describes the under 42 U.S.C. 15461 of the Help PRA (44 U.S.C. 3501–3520), Federal activities and accomplishments of the America Vote Act of 2002. agencies must obtain approval from the system during the preceding fiscal year To meet the statutory reporting Office of Management and Budget and a Statement of Goals and Priorities requirements, P&As have used four (OMB) for each collection of for each coming fiscal year. P&As are separate forms for submitting the information they conduct or sponsor. required to annually report on ‘‘the Developmental Disabilities Protection ‘‘Collection of information’’ is defined activities, accomplishments, and and Advocacy (PADD) Program in 44 U.S.C. 3502(3) and 5 CFR expenditures of the system during the Performance Report; the Protection and 1320.3(c) and includes agency requests preceding fiscal year, including a Advocacy for Assistive Technology or requirements that members of the description of the system’s goals, the (PAAT) Program Performance Report; public submit reports, keep records, or extent to which the goals were achieved, the Protection and Advocacy Voting provide information to a third party. barriers to their achievement, the Access Annual Report (Help America Section 3506(c)(2)(A) of the PRA (44 process used to obtain public input, the Vote Act) (HAVA); and the Protection U.S.C. 3506(c)(2)(A)) requires Federal nature of such input, and how such and Advocacy for Traumatic Brain agencies to provide a 60-day notice in input was used.’’ Injury (PATBI) Program Performance • the Federal Register concerning each The Children’s Health Act of 2000, Report. The combined form will also proposed collection of information, 42 U.S.C. Section 300d–53(h), requires allow federal reviewers to analyze including each proposed extension of an the P&A System in each State to patterns more readily between goals, existing collection of information, annually prepare and submit to the priority setting, and program before submitting the collection to OMB Secretary a report that includes performance. for approval. To comply with this documentation of the progress they have The annual program performance requirement, ACL is publishing a notice made in serving individuals with report (PPR) is reviewed by federal staff of the proposed collection of traumatic brain injury. • for compliance and outcomes. information set forth in this document. The Assistive Technology Act of Information in the PPRs is analyzed to With respect to the proposed 1998, Section 5, as amended, Public create a national profile of collection of information, ACL invites Law 108–36, (AT Act), requires the P&A programmatic compliance, outcomes, comments on our burden estimates or System in each State to annually and goals and priorities for P&A any other aspect of this collection of prepare and submit to the Secretary a Systems for tracking accomplishments information, including: report that includes documentation of against these goals and priorities and to (1) Whether the proposed collection the progress they have made in— determine areas needing technical 1. conducting consumer-responsive of information is necessary for the assistance, including compliance with activities, including activities that will proper performance of ACL’s functions, Federal requirements. Information lead to increased access for individuals including whether the information will collected in the unified report will with disabilities to funding for assistive have practical utility; inform AIDD of trends in P&A advocacy, technology devices and assistive (2) the accuracy of ACL’s estimate of collaboration with other federally- technology services; the burden of the proposed collection of funded entities, and identify best 2. engaging in informal advocacy to information, including the validity of practices for efficient use of federal assist in securing assistive technology the methodology and assumptions used funds. to determine burden estimates; and assistive technology services for (3) ways to enhance the quality, individuals with disabilities; The Department specifically requests utility, and clarity of the information to 3. engaging in formal representation comments on: (a) Whether the proposed be collected; and for individuals with disabilities to Collection of information is necessary (4) ways to minimize the burden of secure systems change, and in advocacy for the proper performance of the the collection of information on activities to secure assistive technology function of the agency, including respondents, including through the use and assistive technology services for whether the information shall have of automated collection techniques individuals with disabilities; practical utility; (b) the accuracy of the when appropriate, and other forms of 4. developing and implementing agency’s estimate of the burden of the information technology. strategies to enhance the long-term proposed collection of information; (c) Each P&A system currently submits abilities of individuals with disabilities the quality, utility, and clarity of the four separate reports to AIDD—one and their family members, guardians, information to be collected; (d) ways to report for each of the funding sources advocates, and authorized minimize the burden information to be listed below. It is proposed that the four representatives to advocate the collected; and (e) ways to minimize the forms be combined by creating the One provision of assistive technology burden of the collection of information Protection and Advocacy Annual devices and assistive technology on respondents, including through the Program Performance Report form. By services to which the individuals with use of automated collection technique combining the forms, P&As will have a disabilities are entitled under law other comments and or other forms of reduced burden because they will be than this Act; and information technology. Consideration submitting only one report annually. 5. coordinating activities with will be given to comments and Duplicative background and other data protection and advocacy services suggestions submitted within 60 days of that appear in multiple reports will only funded through sources other than this this publication. need to be entered once. This also will title, and coordinating activities with The annual burden on this form is promote accuracy and consistency the capacity building and advocacy predicted to be 128 hours which is ten because this data will not need to be activities carried out by the lead agency. percent less than the total of the four entered multiple times. The authority • The Help America Vote Act, Public previous PPRs. The reduction in hours for each report is as follows: Law 107–252, Title II, Subtitle D, comes from the elimination of the • The Developmental Disabilities Section 291, (42 U.S.C. 15461), requires requirement to enter duplicative Assistance and Bill of Rights Act, 42 each grantee to annually submit a information in each PPR.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51692 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Annual hours estimate (based on PPR previous OMB burden estimates

PADD ...... 90 PAAT ...... 16 PATBI ...... 16 HAVA ...... 20 PREVIOUS TOTAL ...... 142 ONE PPR ...... 128

In compliance with the requirements soliciting public comment on the available at https://www.acl.gov/about- of Section 506(c)(2)(A) of the Paperwork specific aspects of the information acl/public-input. Reduction Act of 1995, the collection described above. The form is Respondents: 57 Protection and Administration on Community Living is Advocacy Systems.

ANNUAL BURDEN ESTIMATES

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

One Protection and Advocacy Annual Program Performance Report ...... 57 1 128 7,296

Estimated Total Annual Burden have been found to have deficient anti- control, security monitoring, security Hours: 7,296. terrorism port measures in place. training programs, and security plans Dated: October 4, 2018. DATES: The policy announced in this drills and exercises are all deficient. Mary Lazare, notice will become effective October 26, On October 14, 2017, as required by Principal Deputy Administrator. 2018. 46 U.S.C. 70109, the Republic of Iraq was notified of this determination, [FR Doc. 2018–22266 Filed 10–11–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: For information about this document call or provided recommendations for BILLING CODE 4154–01–P email Juliet Hudson, International Port improving antiterrorism measures, and Security Evaluation Division, United given 90 days to respond. In January States Coast Guard, telephone 202–372– 2018, the Coast Guard re-visited the DEPARTMENT OF HOMELAND 1173, [email protected]. Republic of Iraq to review Iraq’s SECURITY SUPPLEMENTARY INFORMATION: progress on correcting the security Coast Guard deficiencies. The Coast Guard Discussion determined that Iraq failed to maintain [Docket No. USCG–2018–0275] The authority for this notice is 5 effective anti-terrorism measures with U.S.C. 552(a), 46 U.S.C. 70110, and the exeptions of three port facilities: The Imposition of Conditions of Entry on Department of Homeland Security Al-Basrah Oil Terminal, the Khor Al Vessels Arriving to the United States Delegation No. 0170.1(II)(97.f). As Amaya Oil Terminal and Al Maqal From Certain Ports in the Republic of delegated, section 70110(a) authorizes Terminal 14 (also known as the North Iraq the Coast Guard to impose conditions of America Western Asia Holdings AGENCY: Coast Guard, DHS. entry on vessels arriving in U.S. waters Facility). ACTION: Notice. from ports that the Coast Guard has Accordingly, beginning October 26, found to have deficient anti-terrorism 2018, the conditions of entry shown in SUMMARY: The Coast Guard announces measures. Table 1 will apply to any vessel that that it will impose conditions of entry On August 21, 2017, the Coast Guard visited a port in the Republic of Iraq in on vessels arriving from certain ports in found that the Republic of Iraq failed to its last five port calls, with the the Republic of Iraq. Conditions of entry maintain effective anti-terrorism exception of the ports the Al-Basrah Oil are intended to protect the United States measures in its ports and that its Terminal, the Khor Al Amaya Oil from vessels arriving from countries that designated authority’s oversight, access Terminal, and Al Maqal Terminal 14.

TABLE 1—CONDITIONS OF ENTRY FOR VESSELS VISITING PORTS IN THE REPUBLIC OF IRAQ

No. Each vessel must:

1 ...... Implement measures per the vessel’s security plan equivalent to Security Level 2 while in a port in the Republic of Iraq. As defined in the ISPS Code and incorporated herein, ‘‘Security Level 2’’ refers to the ‘‘level for which appropriate additional protective secu- rity measures shall be maintained for a period of time as a result of heightened risk of a security incident.’’ 2 ...... Ensure that each access point to the vessel is guarded and that the guards have total visibility of the exterior (both landside and waterside) of the vessel while the vessel is in ports in the Republic of Iraq.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51693

TABLE 1—CONDITIONS OF ENTRY FOR VESSELS VISITING PORTS IN THE REPUBLIC OF IRAQ—Continued

No. Each vessel must:

3 ...... Guards may be provided by the vessel’s crew; however, additional crewmembers should be placed on the vessel if necessary to ensure that limits on maximum hours of work are not exceeded and/or minimum hours of rest are met, or provided by outside se- curity forces approved by the vessel’s master and Company Security Officer. As defined in the ISPS Code and incorporated herein, ‘‘Company Security Officer’’ refers to the ‘‘person designated by the Company for ensuring that a ship security assess- ment is carried out; that a ship security plan is developed, submitted for approval, and thereafter implemented and maintained and for liaison with port facility security officers and the ship security officer.’’ 4 ...... Attempt to execute a Declaration of Security while in a port in the Republic of Iraq. 5 ...... Log all security actions in the vessel’s security records. 6 ...... Report actions taken to the cognizant Coast Guard Captain of the Port (COTP) prior to arrival into U.S. waters. 7 ...... In addition, based on the findings of the Coast Guard boarding or examination, the vessel may be required to ensure that each ac- cess point to the vessel is guarded by armed, private security guards and that they have total visibility of the exterior (both landside and waterside) of the vessel while in U.S. ports. The number and position of the guards has to be acceptable to the cognizant COTP prior to the vessel’s arrival.

The following countries do not ADDRESSES: Interested persons are federal grants and technical assistance maintain effective anti-terrorism invited to submit comments regarding applications. This collection will measures in their ports and are therefore this proposal. Comments should refer to reference the actual application subject to conditions of entry: The the proposal by name and/or OMB collection that was approved under Republic of Iraq, Cambodia, Cameroon, Control Number and should be sent to: OMB 2501–0033 HUD and USDA Comoros, Coˆte d’Ivoire, Equatorial Anna P. Guido, Reports Management designated twenty-two communities as Guinea, The Gambia, Guinea-Bissau, Officer, QDAM, Department of Housing Promise Zones between 2014 and 2016. Iran, Liberia, Libya, Madagascar, and Urban Development, 451 7th Street Under the Promise Zones initiative, the Micronesia, Nauru, Nigeria, Sao Tome SW, Room 4176, Washington, DC federal government through interagency and Principe, Syria, Timor-Leste, 20410–5000; telephone 202–402–5534 efforts will invest and partner with Venezuela, and Yemen. The current Port (this is not a toll-free number) or email high-poverty urban, rural, and tribal Security Advisory is available at: at [email protected] for a copy of communities to create jobs, increase https://www.dco.uscg.mil/Our- the proposed forms or other available economic activity, improve educational Organization/Assistant-Commandant- information. Persons with hearing or opportunities, leverage private for-Prevention-Policy-CG-5P/ speech impairments may access this investment, and reduce violent crime. International-Domestic-Port- number through TTY by calling the toll- Additional information about the Assessment/. free Federal Relay Service at (800) 877– Promise Zones initiative can be found at 8339. Dated: September 27, 2018. www.hud.gov/promisezones, and FOR FURTHER INFORMATION CONTACT: Daniel B. Abel, questions can be addressed to Marika Bertram, Team Lead Data & [email protected]. The federal Deputy Commandant for Operations. Analysis, Field Policy and Management, administrative duties pertaining to these [FR Doc. 2018–22291 Filed 10–11–18; 8:45 am] Department of Housing and Urban designations shall be managed and BILLING CODE 9110–04–P Development, 451 7th Street SW, executed by HUD (urban communities) Washington, DC 20410; email and USDA (rural and tribal [email protected] or communities) for ten years from the DEPARTMENT OF HOUSING AND telephone 202–402–6386. This is not a designation dates pursuant The Promise URBAN DEVELOPMENT toll-free number. Persons with hearing Zone Initiative supports HUD’s or speech impairments may access this responsibilities under sections 2 and 3 [Docket No. FR–7004–N–01] number through TTY by calling the toll- of the HUD Act, 42 U.S.C. 3531–32, to free Federal Relay Service at (800) 877– assist the President in achieving 60-Day Notice of Proposed Information 8339. Copies of available documents Collection: Certification of maximum coordination of the various submitted to OMB may be obtained federal activities which have a major Consistency With Promise Zone Goals from Ms. Bertram. and Implementation effect upon urban community, SUPPLEMENTARY INFORMATION: This suburban, or metropolitan development; AGENCY: Office of Field Policy and notice informs the public that HUD is to develop and recommend to the Management, HUD. seeking approval from OMB for the President policies for fostering orderly ACTION: Notice. information collection described in growth and development of the Nation’s Section A. urban areas; and to exercise leadership, SUMMARY: HUD is seeking approval from A. Overview of Information Collection at the direction of the President, in the Office of Management and Budget coordinating federal activities affecting (OMB) for the information collection Title of Information Collection: housing and urban development. Certification of Consistency with described below. In accordance with the To facilitate communication between Paperwork Reduction Act, HUD is Promise Zone Goals and Implementation. local and federal partners, HUD requesting comment from all interested proposes that Promise Zone Lead parties on the proposed collection of OMB Approval Number: 2501–0033. Type of Request: Renewal and Edits. Organizations submit minimal information. The purpose of this notice Description of the need for the documents to support collaboration is to allow for 60 days of public information and proposed use: This between local and federal partners. This comment. collection is a renewal and revision that document will assist in communications DATES: Comments Due Date: December will be collecting information for and stakeholder engagement, both 11, 2018. preference points in certain competitive locally and nationally.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51694 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Respondents (i.e. affected public): Twenty-two Promise Zone Lead Organizations.

Burden Annual Information collection Number of Frequency Responses hour per burden Hourly cost Annual respondents of response per annum response hours per response cost

Certification of Consistency Form ...... 22 10 220 .10 22 $30 $660.00

Total ...... 660.00

B. Solicitation of Public Comment Paperwork Reduction Act, HUD is Description of the Need for the This notice is soliciting comments requesting comment from all interested Information and Proposed Use: from members of the public and affected parties on the proposed collection of Contractors request approval for parties concerning the collection of information. The purpose of this notice changes to accepted drawings and information described in Section A on is to allow for 60 days of public specifications of rehabilitation the following: comment. properties as required by homebuyers, (1) Whether the proposed collection DATES: Comments Due Date: December or determined by the contractor to of information is necessary for the 11, 2018. address previously unknown health and safety issues. Contractors submit the proper performance of the functions of ADDRESSES: Interested persons are forms to lenders, who review them and the agency, including whether the invited to submit comments regarding submit them to HUD for approval. information will have practical utility; this proposal. Comments should refer to (2) The accuracy of the agency’s the proposal by name and/or OMB Respondents (i.e. affected public): estimate of the burden of the proposed Control Number and should be sent to: Business. collection of information; (3) Ways to enhance the quality, Colette Pollard, Reports Management Estimated Number of Respondents: utility, and clarity of the information to Officer, QDAM, Department of Housing 15,871. be collected; and and Urban Development, 451 7th Street Estimated Number of Responses: (4) Ways to minimize the burden of SW, Room 4176, Washington, DC 7273. 20410–5000; telephone 202–402–3400 the collection of information on those Frequency of Response: On occasion. who are to respond; including through (this is not a toll-free number) or email the use of appropriate automated at [email protected] for a copy of Average Hours per Response: 0.50. collection techniques or other forms of the proposed forms or other available Total Estimated Burdens: 3,637. information technology, e.g., permitting information. Persons with hearing or electronic submission of responses. speech impairments may access this B. Solicitation of Public Comment number through TTY by calling the toll- HUD encourages interested parties to This notice is soliciting comments submit comment in response to these free Federal Relay Service at (800) 877– 8339. from members of the public and affected questions. parties concerning the collection of FOR FURTHER INFORMATION CONTACT: Authority: Section 3507 of the Paperwork information described in Section A on Cheryl B. Walker, Director, Home Reduction Act of 1995, 44 U.S.C. Chapter 35. the following: (1) Whether the proposed Valuation Policy Division, Department collection of information is necessary Dated: September 18, 2018. of Housing and Urban Development, for the proper performance of the Holly A. Kelly, 451 7th Street SW, Washington, DC Supervisory Management Analyst for the 20410; email at Cheryl.B.Walker@ functions of the agency, including Office of Field Policy and Management. hud.gov or telephone 202–708–2121, whether the information will have [FR Doc. 2018–22244 Filed 10–11–18; 8:45 am] x6880. This is not a toll-free number. practical utility; (2) The accuracy of the agency’s estimate of the burden of the BILLING CODE 4210–67–P Persons with hearing or speech impairments may access this number proposed collection of information; (3) through TTY by calling the toll-free Ways to enhance the quality, utility, and DEPARTMENT OF HOUSING AND Federal Relay Service at (800) 877–8339. clarity of the information to be URBAN DEVELOPMENT Copies of available documents collected; and (4) Ways to minimize the burden of the collection of information [Docket No. FR–7005–N–17] submitted to OMB may be obtained from Ms. Walker. on those who are to respond; including through the use of appropriate 60-Day Notice of Proposed Information SUPPLEMENTARY INFORMATION: This Collection: Request for Acceptance of automated collection techniques or notice informs the public that HUD is other forms of information technology, Changes in Approved Drawings and seeking approval from OMB for the Specifications e.g., permitting electronic submission of information collection described in responses. AGENCY: Office of the Assistant Section A. HUD encourages interested parties to Secretary for Housing—Federal Housing A. Overview of Information Collection submit comment in response to these Commissioner, HUD. questions. ACTION: Notice. Title of Information Collection: Request for Acceptance of Changes in C. Authority SUMMARY: HUD is seeking approval from Approved Drawings and Specifications. the Office of Management and Budget OMB Approval Number: 2502–0117. Section 3507 of the Paperwork (OMB) for the information collection Type of Request: Revision. Reduction Act of 1995, 44 U.S.C. described below. In accordance with the Form Number: HUD–92577. Chapter 35.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51695

Dated: September 28, 2018. A. Overview of Information Collection who are to respond: Including through Vance T. Morris, Title of Information Collection: New the use of appropriate automated Special Assistant to the Assistant Secretary Construction Subterranean Termite collection techniques or other forms of for Housing- Federal Housing Commissioner. Protection for New Homes. information technology, e.g., permitting [FR Doc. 2018–22241 Filed 10–11–18; 8:45 am] OMB Approved Number: 2502–0525. electronic submission of responses. BILLING CODE 4210–67–P Type of Request: Extension of HUD encourages interested parties to currently approved collection. submit comment in response to these Form Number: HUD NPFA–99A and questions. DEPARTMENT OF HOUSING AND HUD NPFA–99B. Authority: Section 3507 of the Paperwork URBAN DEVELOPMENT Description of the need for the Reduction Act of 1995, 44 U.S.C. Chapter 35. information and proposed use: HUD Dated: October 2, 2018. [Docket No. FR–7001–N–52] regulations at 24 CFR 200.926d(b)(3) Colette Pollard, require that the sites for HUD insured Department Reports Management Officer, 30-Day Notice of Proposed Information structures must be free of termite Collection: New Construction Office of the Chief Information Officer. hazards. The HUD–NPCA–99–A [FR Doc. 2018–22243 Filed 10–11–18; 8:45 am] Subterranean Termite Protection for requires the builder to certify that all BILLING CODE 4210–67–P New Homes required treatment for termites was performed by an authorized pest control AGENCY: Office of the Chief Information company and further that the builder Officer, HUD. guarantees the treated area against DEPARTMENT OF THE INTERIOR ACTION: Notice. infestation for one year. The form HUD– Fish and Wildlife Service NPCA–99–B requires a licensed pest SUMMARY: HUD submitted the proposed control company to provide to the [FWS–R7–FAC–2018–N102; FF07RYKD00 information collection requirement builder a record of specific treatment FXRS12610700000 189; OMB Control described below to the Office of information in those cases when the soil Number 1018–New] Management and Budget (OMB) for treatment method is used for prevention Agency Information Collection review, in accordance with the of subterranean termite infestation. Activities; In-Season Subsistence Paperwork Reduction Act. The purpose When applicable the HUD–NPCA–99– Salmon Fishery Catch and Effort of this notice is to allow for 30 days of B must accompany the HUD–NPCA–99– Survey public comment. A. If the requested data is not collected, DATES: Comments Due Date: November new home purchasers and HUD are AGENCY: Fish and Wildlife Service, 13, 2018. subject to the risk of purchasing or Interior. insuring a home that is infested by ADDRESSES: Interested persons are ACTION: Notice of information collection; termites and would have no recourse request for comment. invited to submit comments regarding against the builder. this proposal. Comments should refer to Agency form numbers, if applicable: SUMMARY: In accordance with the the proposal by name and/or OMB HUD NPMA–99–A and HUD NPMA– Paperwork Reduction Act of 1995, we, Control Number and should be sent to: 99–B. the U.S. Fish and Wildlife Service HUD Desk Officer, Office of Respondents (i.e. affected public): (Service) are proposing a new Management and Budget, New Business. information collection. Executive Office Building, Washington, Estimated Number of Respondents: DATES: Interested persons are invited to DC 20503; fax: 202–395–5806, Email: 78,000. OIRA [email protected]. submit comments on or before Estimated Number of Responses: December 11, 2018. FOR FURTHER INFORMATION CONTACT: 156,000. ADDRESSES: Send your comments on the Frequency of Response: 2.00. Colette Pollard, Reports Management information collection request (ICR) by Average Hours per Response: 0.083. Officer, QMAC, Department of Housing mail to the Service Information Total Estimated Annual Burden and and Urban Development, 451 7th Street Collection Clearance Officer, U.S. Fish Cost: 12,948. SW, Washington, DC 20410; email and Wildlife Service, MS: BPHC, 5275 [email protected], or telephone B. Solicitation of Public Comment Leesburg Pike, Falls Church, VA 22041– 202–402–3400. This is not a toll-free _ This notice is soliciting comments 3803 (mail); or by email to Info Coll@ number. Person with hearing or speech fws.gov. Please reference OMB Control impairments may access this number from members of the public and affected parties concerning the collection of Number 1018–New in the subject line of through TTY by calling the toll-free your comments. Federal Relay Service at (800) 877–8339. information described in Section A on FOR FURTHER INFORMATION CONTACT: To Copies of available documents the following: (1) Whether the proposed collection request additional information about submitted to OMB may be obtained this ICR, contact Madonna L. Baucum, from Ms. Pollard. of information is necessary for the proper performance of the functions of Service Information Collection SUPPLEMENTARY INFORMATION: This the agency, including whether the Clearance Officer, by email at Info_ notice informs the public that HUD is information will have practical utility; [email protected], or by telephone at (703) seeking approval from OMB for the (2) The accuracy of the agency’s 358–2503. information collection described in estimate of the burden of the proposed SUPPLEMENTARY INFORMATION: In Section A. collection of information; accordance with the Paperwork The Federal Register notice that (3) Ways to enhance the quality, Reduction Act of 1995, we provide the solicited public comment on the utility, and clarity of the information to general public and other Federal information collection for a period of 60 be collected; and agencies with an opportunity to days was published on April 18, 2018 (4) Ways to minimize the burden of comment on new, proposed, revised, at 83 FR 17185. the collection of information on those and continuing collections of

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51696 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

information. This helps us assess the Tribal Fisheries Commission [KRITFC]), DEPARTMENT OF THE INTERIOR impact of our information collection but the YDNWR would like to be more requirements and minimize the public’s involved in planning and administering Fish and Wildlife Service reporting burden. It also helps the the surveys. [FWS–R8–ES–2018–N121; public understand our information The information collected by the FXES11130800000–178–FF08E00000] collection requirements and provide the survey includes the times individuals requested data in the desired format. Endangered and Threatened Species; left and returned from boat launches, We are soliciting comments on the Receipt of Recovery Permit proposed ICR that is described below. several characteristics of their fishing Applications We are especially interested in public gear, broad classification of where the comment addressing the following fishing activity occurred, for how long AGENCY: Fish and Wildlife Service, issues: (1) Is the collection necessary to they actively fished, and how many of Interior. the proper functions of the Service; (2) each of three salmon species they ACTION: Notice of receipt of permit will this information be processed and harvested. When coupled with aerial applications; request for comments. used in a timely manner; (3) is the boat counts performed by the YDNWR, SUMMARY: estimate of burden accurate; (4) how these data can be used to obtain We, the U.S. Fish and Wildlife Service, have received might the Service enhance the quality, quantitative estimates of total fishing applications for permits to conduct utility, and clarity of the information to activity and salmon harvest occurring activities intended to enhance the be collected; and (5) how might the from short-duration subsistence harvest Service minimize the burden of this propagation or survival of endangered opportunities. The estimates are then or threatened species under the collection on the respondents, including used to inform the management strategy through the use of information Endangered Species Act. We invite the used jointly by the YDNWR and the public and local, State, Tribal, and technology. KRITFC. Comments that you submit in Federal agencies to comment on these response to this notice are a matter of Title of Collection: In-Season applications. Before issuing any of the public record. We will include or Subsistence Salmon Fishery Catch and requested permits, we will take into summarize each comment in our request Effort Survey. consideration any information that we to OMB to approve this ICR. Before OMB Control Number: 1018–New. receive during the public comment including your address, phone number, period. Form Number: None. email address, or other personal DATES: We must receive your written identifying information in your Type of Review: New. comments on or before November 13, comment, you should be aware that Respondents/Affected Public: 2018. your entire comment—including your Subsistence fishers within the Yukon ADDRESSES: Document availability and personal identifying information—may Delta National Wildlife Refuge. be made publicly available at any time. comment submission: Submit requests While you can ask us in your comment Total Estimated Number of Annual for copies of the applications and to withhold your personal identifying Respondents: 110. related documents and submit any information from public review, we Total Estimated Number of Annual comments by one of the following methods. All requests and comments cannot guarantee that we will be able to Responses: 400. should specify the applicant name(s) do so. Estimated Completion Time per Abstract: The administration and uses and application number(s) (e.g., of national wildlife refuges and wetland Response: 2 minutes. TEXXXXXX). Total Estimated Number of Annual • Email: [email protected]. management districts are governed by • the National Wildlife Refuge System Burden Hours: 14 hours. U.S. Mail: Daniel Marquez, Endangered Species Program Manager, Administration Act of 1966 (16 U.S.C. Respondent’s Obligation: Voluntary. 668dd–668ee) (Administration Act), as U.S. Fish and Wildlife Service, Region amended by the National Wildlife Frequency of Collection: On occasion. 8, 2800 Cottage Way, Room W–2606, Refuge System Improvement Act of Total Estimated Annual Nonhour Sacramento, CA 95825. 1997; the Refuge Recreation Act of 1962 Burden Cost: None. FOR FURTHER INFORMATION CONTACT: Daniel Marquez, via phone at 760–431– (16 U.S.C. 460k–460k–4) (Recreation An agency may not conduct or 9440, via email at [email protected], Act); and, the Alaska National Interest sponsor and a person is not required to or via the Federal Relay Service at 1– Lands Conservation Act (16 U.S.C. 3101 respond to a collection of information et seq.) (ANILCA). ANILCA provides 800–877–8339 for TTY assistance. unless it displays a currently valid OMB specific authorization and guidance for SUPPLEMENTARY INFORMATION: We, the control number. the administration and management of U.S. Fish and Wildlife Service, invite national wildlife refuges within the The authority for this action is the the public to comment on applications State of Alaska. Paperwork Reduction Act of 1995 (44 for permits under section 10(a)(1)(A) of The Yukon Delta National Wildlife U.S.C. 3501 et seq.). the Endangered Species Act, as Refuge (YDNWR) is requesting Dated: October 9, 2018. amended (ESA; 16 U.S.C. 1531 et seq.). authorization to contribute to the design Madonna Baucum, The requested permits would allow the and implementation of subsistence applicants to conduct activities fisher surveys for the purposes of Information Collection Clearance Officer, U.S. intended to promote recovery of species informing in-season fisheries Fish and Wildlife Service. that are listed as endangered or management decision-making in the [FR Doc. 2018–22221 Filed 10–11–18; 8:45 am] threatened under the ESA. Kuskokwim River subsistence salmon BILLING CODE 4333–15–P fishery. A program is already in place Background and is operated by tribal partners (the With some exceptions, the ESA Orutsaramiut Traditional Native prohibits activities that constitute take Council and the Kuskokwim River Inter- of listed species unless a Federal permit

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51697

is issued that allows such activity. The prohibited actions as capture and enhancement of propagation or survival ESA’s definition of ‘‘take’’ includes such collection. Our regulations of the species in the wild. The ESA activities as pursuing, harassing, implementing section 10(a)(1)(A) for requires that we invite public comment trapping, capturing, or collecting in these permits are found in the Code of before issuing these permits. addition to hunting, shooting, harming, Federal Regulations at 50 CFR 17.22 for Accordingly, we invite local, State, wounding, or killing. endangered wildlife species, 50 CFR Tribal, and Federal agencies and the 17.32 for threatened wildlife species, 50 public to submit written data, views, or A recovery permit issued by us under CFR 17.62 for endangered plant species, section 10(a)(1)(A) of the ESA arguments with respect to these and 50 CFR 17.72 for threatened plant applications. The comments and authorizes the permittee to conduct species. activities with endangered or threatened recommendations that will be most species for scientific purposes that Permit Applications Available for useful and likely to influence agency promote recovery or for enhancement of Review and Comment decisions are those supported by propagation or survival of the species. Proposed activities in the following quantitative information or studies. These activities often include such permit requests are for the recovery and

Application Applicant, city, No. state Species Location Activity Type of take Permit action

TE–71121C Colton Rogers, • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect New. Concord, Cali- (Branchinecta conservatio), vouchers. fornia. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–037806 Bureau of Land • Kern primrose sphinx moth CA Survey, mark, Capture, handle, release, insert pas- Renew. Management, (Euproserpinus euterpe), habitat en- sive integrated transponder (PIT) Bakersfield, • Tipton kangaroo rat (Dipodomys hancement, and tags, collect vouchers, perform California. nitratoides nitratoides), use habitat enhancement, and use • Giant kangaroo rat (Dipodomys pheromones. pheromones. ingens), • Conservancy fairy shrimp (Branchinecta conservatio), • Longhorn fairy shrimp (Branchinecta longiantenna), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–094318 Jessica Vinje, Es- • Mexican flannelbush CA remove/reduce to Collect ...... Renew and condido, Cali- (Fremontodendron mexicanum), possession from Amend. fornia. • Orcutt’s spineflower (Chorizanthe lands under orcuttiana), Federal jurisdic- • Salt marsh bird’s-beak tion. (Cordylanthus maritimus ssp. maritimus), • Willowy monardella (Monardella viminea). TE–85618B Biological Re- • California tiger salamander (Santa CA Survey ...... Capture, handle, and release ...... Amend. sources Serv- Barbara County and Sonoma ices LLC., Fol- County Distinct Population Seg- som, California. ment (DPS)) (Ambystoma californiense). TE–205904 Heritage Environ- • Southwestern willow flycatcher CA, NV, AZ, Survey ...... Survey ...... Renew. mental Consult- (Empidonax traillii extimus). NM ants, LLC., Denver, Colo- rado. TE–93824C Jill Coumoutso, • Southwestern willow flycatcher CA Survey ...... Survey ...... New. Fontana, Cali- (Empidonax traillii extimus) fornia. TE–101743 Daniel Edelstein, • California tiger salamander (Santa CA Survey ...... Capture, handle, and release ...... Renew. Novato, Cali- Barbara County and Sonoma fornia. County Distinct Population Seg- ment (DPS)) (Ambystoma californiense), • California Clapper rail (California Ridgway’s r.) (Rallus longirostris obsoletus) (R. obsoletus o.). TE–205609 Lawrence • California tiger salamander (Santa CA Survey ...... Capture, handle, and release ...... Renew. Kobernus, San Barbara County and Sonoma Francisco, Cali- County Distinct Population Seg- fornia. ment (DPS)) (Ambystoma californiense), • San Francisco garter snake (Thamnophis sirtalis tetrataenia),

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51698 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Application Applicant, city, No. state Species Location Activity Type of take Permit action

• Callippe silverspot but- terfly (Speyeria callippe callippe).. TE–054011 John Green, Riv- • Conservancy fairy shrimp CA, NV, AZ, Survey ...... Capture, handle, release, and collect Renew. erside, Cali- (Branchinecta conservatio), TX, NM, vouchers. fornia. • Longhorn fairy shrimp UT, CO (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi), • Southwestern willow flycatcher (Empidonax traillii extimus), • Quino checkerspot butterfly (Euphydryas editha quino), • Yuma clapper rail (Yuma Ridgway’s r.) (Rallus longirostris yumanensis) (R. obsoletus y.), • San Bernardino Merriam’s kan- garoo rat (Dipodomys merriami parvus). TE–108683 Austin Pearson, • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect Renew. Coarsegold, (Branchinecta conservatio), vouchers. California. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–95114C Todd Easley, San • Southwestern willow flycatcher CA Survey ...... Survey ...... New. Marcos, Cali- (Empidonax traillii extimus). fornia. TE–217119 Carie Wingert, • Tipton kangaroo rat (Dipodomys CA Survey ...... Capture, handle, and release ...... Renew. Oakhurst, Cali- nitratoides nitratoides), fornia. • Giant kangaroo rat (Dipodomys ingens). TE–98090C Fishbio, Oakdale, • Tidewater goby (Eucyclogobius CA Survey ...... Capture, handle, and release ...... New. California. newberryi). TE–98105C Scott Thompson, • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect New. Tahoe City, (Branchinecta conservatio), vouchers. California. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–095860 Veronica • California tiger salamander (Santa CA Survey ...... Capture, handle, transport, and re- Renew. Wunderlich, Barbara County and Sonoma lease. Pleasant Hill, County Distinct Population Seg- California. ment (DPS)) (Ambystoma californiense). TE–052744 Shannon Hickey, • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect Renew. Davis, California. (Branchinecta conservatio), vouchers. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi), • California tiger salamander (Santa Barbara County and Sonoma County Distinct Population Seg- ment (DPS)) (Ambystoma californiense).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51699

Application Applicant, city, No. state Species Location Activity Type of take Permit action

TE–98470C Michael Burleson, • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect New. Citrus Heights, (Branchinecta conservatio), vouchers. California. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–837439 Guy Bruyea, • Quino checkerspot butterfly CA Survey ...... Survey ...... Renew. Hemet, Cali- (Euphydryas editha quino), fornia. • Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis). TE–35000A University of Cali- • Giant kangaroo rat (Dipodomys CA Genetics research Capture, handle, mark, obtain ge- Renew and fornia, Davis, ingens), netic samples, release. Amend. Davis, California. • Salt marsh harvest mouse (Reithrodontomys raviventris). TE–148554 Amber Heredia, • Southwestern willow flycatcher CA, NV, AZ, Survey ...... Survey ...... Renew. Santa Ana, (Empidonax traillii extimus). NM, UT California. TE–98536C Stillwater • Tidewater goby (Eucyclogobius CA Survey and swab Capture, handle, swab, and release New. Sciences, newberryi), Mckinleyville, • Sierra Nevada yellow-legged frog California. (Rana sierrae), • California freshwater shrimp (Syncaris pacifica). TE–83958B Jared Elia, Con- • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect New. cord, California. (Branchinecta conservatio), vouchers. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–99108C Frank Muzio, Ala- • California tiger salamander CA Survey ...... Capture, handle, and release ...... New. meda, California. (Sonoma County Distinct Popu- lation Segment (DPS)) (Ambystoma californiense), TE–40090B Roland Knapp, • Sierra Nevada yellow-legged frog CA Survey, research Capture, handle, take skin swabs, Renew and Mammoth (Rana sierrae), studies, and clip toes, insert PIT tags, collect Amend. Lakes, Cali- • Mountain yellow-legged frog captive rear. vouchers, test and treat for dis- fornia. ((northern California DPS) (Rana ease, transport, and captive rear. muscosa)). TE–217401 Cristina Slaughter, • Tidewater goby (Eucyclogobius CA Survey ...... Capture, handle, and release ...... Renew. Santa Barbara, newberryi). California. TE–142436 Eric Renfro, Tor- • Delhi Sands flower-loving fly CA Survey ...... Survey ...... Renew. rance, California. (Rhaphiomidas terminatus abdominalis). TE–99114C Dawn • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect New Cunningham, (Branchinecta conservatio), vouchers. Sacramento, • Longhorn fairy shrimp California. (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi)...... TE–793640 Jerry Smith, San • Tidewater goby (Eucyclogobius CA Survey and re- Capture, handle, collect tissue, and Renew. Jose, California. newberryi). search. release.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51700 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Application Applicant, city, No. state Species Location Activity Type of take Permit action

TE–039640 Kristopher Alberts, • Conservancy fairy shrimp CA, NV Survey ...... Capture, handle, release, and collect Renew and San Diego, (Branchinecta conservatio), vouchers. Amend. California. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi), • Southwestern willow flycatcher (Empidonax traillii extimus), • Quino checkerspot butterfly (Euphydryas editha quino). TE–217402 Julie Love, Santa • Tidewater goby (Eucyclogobius CA Survey ...... Capture, handle, and release ...... Renew. Barbara, Cali- newberryi). fornia. TE–34570A San Francisco • California least tern (Sternula CA Research ...... Float eggs and use decoys ...... Amend. Bay Bird Ob- antillarum browni) (Sterna a. servatory, browni). Milpitas, Cali- fornia. TE–797315 Michael Morrison, • Tipton kangaroo rat (Dipodomys CA Surveys ...... Capture, handle, and release ...... New. College Station, nitratoides nitratoides). Texas. TE–98574C River Design • Lost River sucker (Deltistes CA, OR Survey, tag, ge- Capture, handle, insert PIT tags, col- New. Group, Cor- luxatus), netic research. lect tissue, and release. vallis, Oregon. • Shortnose sucker (Chasmistes brevirostris). TE–817397 John Storrer, • California tiger salamander (Santa CA Survey and collect Capture, handle, collect tissue, and Renew. Santa Barbara, Barbara County and Sonoma tissue. release. California. County Distinct Population Seg- ment (DPS)) (Ambystoma californiense). TE–02474D Gaylene Tupen, • Conservancy fairy shrimp CA Survey and edu- Capture, handle, release, and collect New. Lincoln, Cali- (Branchinecta conservatio), cational work- vouchers. fornia. • Longhorn fairy shrimp shops. (Branchinecta longiantenna), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–02478D Jennifer. Jackson, • California least tern (Sternula CA Nest monitoring ... Nest Monitoring ...... New. Imperial Beach, antillarum browni) (Sterna a. California. browni). TE–02480D Bargas Environ- • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect New. mental Con- (Branchinecta conservatio), vouchers. sulting, Sac- • Longhorn fairy shrimp ramento, Cali- (Branchinecta longiantenna), fornia. • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–081298 Daniel Weinberg, • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect Renew. Albany, Cali- (Branchinecta conservatio), vouchers. fornia. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi), • California tiger salamander (Santa Barbara County and Sonoma County Distinct Population Seg- ment (DPS)) (Ambystoma californiense). TE–02481D Anna Godinho, • Fresno kangaroo rat (Dipodomys CA Survey ...... Capture, handle, and release ...... New. Oakhurst, Cali- nitratoides exilis), fornia. • Tipton kangaroo rat (Dipodomys nitratoides nitratoides). TE–02538D Gregory Wattley, • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect New. Pittsburg, Cali- (Branchinecta conservatio), vouchers. fornia. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51701

Application Applicant, city, No. state Species Location Activity Type of take Permit action

TE–041668 Cleveland Na- • Southwestern willow flycatcher CA Survey, nest mon- Survey, nest monitoring, and plant Renew. tional Forest, (Empidonax traillii extimus), itoring, and collection. San Diego, • Least Bell’s vireo (Vireo belli plant collection. California. pusillus), • Arroyo toad (arroyo southwestern) (Anaxyrus californicus), • Dodecahema leptoceras (slender- horned spineflower), • Allium munzii (Munz’s onion), • Astragalus brauntonii (Braunton’s milkvetch), • Berberis nevinii (Nevin’s barberry), • Eryngium aristulatum var. parishii (San Diego button celery), • Poa atropurpurea (San Bernardino bluegrass). TE–745541 SJM Biological • San Bernardino Merriam’s kan- CA Survey ...... Capture, handle, and release ...... Renew. Consultants, garoo rat (Dipodomys merriami Flagstaff, Ari- parvus), zona. • Stephens’ kangaroo rat (Dipodomys stephensi), • Pacific pocket mouse (Perognathus longimembris pacificus), • Amargosa vole (Microtus californicus scirpensis), • Yuma clapper rail (Yuma Ridgway’s r.) (Rallus longirostris yumanensis) (R. obsoletus y.). TE–094642 Brad Shaffer, Los • California tiger salamander (Santa CA Genetic research Collect eggs, sacrifice, collect tissue, Amend. Angeles, Cali- Barbara County Distinct Popu- and mesocosm and PIT tag. fornia. lation Segment (DPS)) study. (Ambystoma californiense). TE–64146A Patricia Valcarcel, • Conservancy fairy shrimp CA Survey ...... Capture, handle, release, and collect Amend. San Francisco, (Branchinecta conservatio), vouchers. California. • Longhorn fairy shrimp (Branchinecta longiantenna), • San Diego fairy shrimp (Branchinecta sandiegonensis), • Riverside fairy shrimp (Streptocephalus woottoni), • Vernal pool tadpole shrimp (Lepidurus packardi). TE–797267 Triple HS, Inc., • Giant kangaroo rat (Dipodomys CA Habitat restoration Capture, temporarily hold in cap- Amend. Los Gatos, Cali- ingens). tivity, and release. fornia. TE–62708B Mary Halterman, • Southwestern willow flycatcher CA Survey ...... Survey ...... Renew and Onyx, California. (Empidonax traillii extimus). Amend. TE–53771B Erin Bergman, La • El Segundo blue butterfly CA Survey ...... Survey ...... Amend. Mesa, California. (Euphilotes battoides allyni).

Public Availability of Comments Next Steps DEPARTMENT OF THE INTERIOR Written comments we receive become If we decide to issue permits to any Bureau of Land Management part of the administrative record of the applicants listed in this notice, [MTM 109072; 3411–15] associated with this action. Before we will publish a notice in the Federal including your address, phone number, Register. Public Land Order No. 7875; Emigrant email address, or other personal Authority Crevice Mineral Withdrawal; Montana identifying information in your AGENCY: Bureau of Land Management, comment, you should be aware that We publish this notice under section Interior. your entire comment—including your 10(c) of the Endangered Species Act of ACTION: Notice of public land order. personal identifying information—may 1973, as amended (16 U.S.C. 1531 et be made publicly available at any time. seq.). SUMMARY: This Public Land Order While you can request in your comment (Order) withdraws approximately Angela Picco, that we withhold your personal 30,370 acres of National Forest System identifying information from public Acting Regional Director, Pacific Southwest lands from location and entry under the review, we cannot guarantee that we Region, Sacramento, California. United States mining laws for a period will be able to do so. All submissions [FR Doc. 2018–22250 Filed 10–11–18; 8:45 am] of 20 years, subject to valid existing from organizations or businesses, and BILLING CODE 4333–15–P rights. The lands have been and will from individuals identifying themselves remain open to leasing under the as representatives or officials of mineral leasing and geothermal leasing organizations or businesses, will be laws. made available for public disclosure in DATES: This Order takes effect on their entirety. October 12, 2018.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51702 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

FOR FURTHER INFORMATION CONTACT: Kim protracted blocks 47 and 48; T. 7 S., R. 8 E., Prill, Chief, Branch of Realty, Lands, protracted block 49, that portion not within M.S. No. 8838, except that portion lying and Renewable Energy at: Telephone: the Absaroka-Beartooth Wilderness; westerly of the line bet. secs. 9 and 10. 406–896–5039, email: [email protected], H.E.S. No. 856. Tps. 6 S., Rs. 8 and 9 E., T. 9 S., R. 9 E., M.S. No. 6078. Bureau of Land Management, Montana/ Secs. 1 and 2, those portions not within the Tps. 6 and 7 S., Rs. 9 E., Dakotas State Office, 5001 Southgate Absaroka-Beartooth Wilderness; M.S. No. 4087; Drive, Billings, Montana 59101. Persons Sec. 3, lots 1, 2, and 3, NE1/4, N1/2NW1/ M.S. No. 4724. who use a telecommunications device 4, SE1/4NW1/4, E1/2SW1/4, and SE1/4; T. 7 S., R. 9 E., for the deaf may call the Federal Relay Sec. 4, lot 2, lots 5 thru 9, lots 12 thru 15, M.S. No. 58; Service (FRS) at 1–800–877–8339 to N1/2NE1/4, and NW1/4; M.S. No. 6705; leave a message or question for the Sec. 5, lots 1 thru 6, N1/2NE1/4, SW1/ M.S. No. 6706; 4NE1/4, NW1/4, and W1/2SE1/4; above individual. The FRS is available M.S. No. 6707; Sec. 6, lot 1, lots 5 thru 12, NE1/4, and M.S. No. 6939; 24 hours a day, 7 days a week. You will NE1/4NW1/4; M.S. No. 6940; receive a reply during normal business Sec. 7, lots 5 and 6, S1/2NE1/4, E1/2NW1/ M.S. No. 6941; hours. 4, E1/2SW1/4, and SE1/4; M.S. No. 9015; SUPPLEMENTARY INFORMATION: The Sec. 8, lots 1, 4, 5, 6, 9, and 10, SW1/ M.S. No. 9858; purpose of this Order is to protect and 4NW1/4, and SW1/4, excepting M.S. No. 10229. preserve the scenic integrity, important Wormsbecker Boundary Adjustment T. 9 S., R. 9 E., Tract, Certificate of Survey No. 792BA, wildlife corridors, and high quality Sec. 20, lot 1 and SW1/4NW1/4; filed in Park County, Montana, July 22, M.S. No. 46; recreation values of the Emigrant and 1985, Document No. 186782; M.S. No. 47; Crevice Areas located in the Custer Sec. 9, lots 1, 3, and 4, lots 9 thru 15, and M.S. No. 44, that portion lying northerly of Gallatin National Forest, Park County, S1/2SE1/4; the E–W center line of the SE1/4 of sec. Montana. Sec. 10, lots 1 and 2, N1/2, SW1/4, and N1/ 8; Portions of the withdrawn National 2SE1/4; M.S. No. 48; Forest System lands are unsurveyed and Sec. 11, lots 1, 2, 3, 5, and 6, N1/2NE1/4, M.S. No. 61; the acres were obtained from protraction NW1/4, N1/2SW1/4, SE1/4SW1/4, SW1/ M.S. No. 62, that portion lying northerly of diagrams or calculated using the 4SE1/4, those portions not within the the E–W center line of the SE1/4 of sec. Absaroka-Beartooth Wilderness; Geographic Information System. 8; Sec. 14, lots 1 thru 8, NW1/4NE1/4, SE1/ M.S. No. 4535; Order 4SW1/4, and W1/2SE1/4, those portions M.S. No. 4536; not within the Absaroka-Beartooth By virtue of the authority vested in M.S. No. 4537; Wilderness; M.S. No. 4538; the Secretary of the Interior by Section Sec. 15, lots 1 thru 9, NW1/4, and W1/ M.S. No. 4557; 204 of the Federal Land Policy and 2SW1/4; M.S. No. 4558; Management Act of 1976, 43 U.S.C. Sec. 16, lots 1 thru 5, E1/2, N1/2NW1/4, M.S. No. 4559; 1714, it is ordered as follows: and SW1/4NW1/4; M.S. No. 4560; 1. Subject to valid existing rights, the Sec. 17, lots 2 and 3, lots 5 thru 8, SE1/ M.S. No. 4899; following described National Forest 4NE1/4, NW1/4NW1/4, SE1/4SW1/4, M.S. No. 4900; and SE1/4; M.S. No. 4901; System lands are hereby withdrawn Sec. 18, lots 1 thru 6, NE1/4, El/2NW1/4, from location and entry under the M.S. No. 4902; El/2SW1/4, and W1/2SE1/4; M.S. No. 4903; United States mining laws, but remain Sec. 19, lots 1 thru 14, NE1/4NW1/4, and open to leasing under the mineral and M.S. No. 4904; NE1/4SE1/4, including the bed of the M.S. No. 4905; geothermal leasing laws. Yellowstone River; M.S. No. 5527; Sec. 20, lots 2 thru 5, N1/2SW1/4, and N1/ Principal Meridian, Montana M.S. No. 5528; 2SE1/4; M.S. No. 5529; T. 6 S., R. 8 E., Sec. 21; M.S. No. 5531; Secs. 34 and 35; Sec. 22, lots 2 thru 13, W1/2NW1/4, and M.S. No. 5532; Sec. 36, lots 1 thru 8, W1/2NE1/4, W1/2, NW1/4SW1/4; M.S. No. 5533; and SE1/4SE1/4. Sec. 23, lots 1 thru 10, NE1/4, and N1/ M.S. No. 5542; T. 7 S., R. 8 E., 2SE1/4, those portions not within the M.S. No. 5573A; Sec. 10, lot 1, N1/2, N1/2SW1/4, SE1/ Absaroka-Beartooth Wilderness; M.S. No. 5573B; 4SW1/4, and SE1/4; Tracts 37, 38, and 39; M.S. No. 5581; Sec. 11, S1/2; H.E.S. No. 253. Sec. 12, S1/2; M.S. No. 5583; The described lands aggregate M.S. No. 5613; Secs. 13, 14, and 15; approximately 30,370 acres in Park County. Protracted blocks 37 thru 41. M.S. No. 5614; T. 6 S., R. 9 E., 2. The following described non- M.S. No. 5627; Sec. 31, lots 1 thru 6, NE1/4, E1/2NW1/4, Federal lands and non-Federal mineral M.S. No. 5628; NE1/4SE1/4, and W1/2SE1/4; rights are within the exterior boundaries M.S. No. 5629; Sec. 32, S1/2; of the Emigrant and Crevice M.S. No. 5674; M.S. No. 5675; Sec. 33, S1/2. Withdrawal. If title to these non-Federal T. 7 S., R 9 E., M.S. No. 5676; Sec. 9, unsurveyed; lands or non-Federal mineral rights is M.S. No. 5713; Sec. 10, W1/2, unsurveyed; subsequently acquired by the United M.S. No. 5786; Secs. 16 and 17, unsurveyed; States, the acquired lands and/or M.S. No. 5819; protracted blocks 39 thru 45. mineral rights will become subject to M.S. No. 5820; T. 8 S., R. 9 E., the terms and conditions of this Order. M.S. No. 6117; Secs. 22 thru 26, unsurveyed, those M.S. No. 6283; portions not within the Absaroka- Principal Meridian, Montana M.S. No. 6284; Beartooth Wilderness; T. 6 S., R. 8 E., M.S. No. 6341; protracted blocks 41 thru 46, those M.S. No. 10643, except that portion lying M.S. No. 6374; portions not within the Absaroka- northerly of the line bet. secs. 25 and 36; M.S. No. 6376; Beartooth Wilderness; M.S. No. 6079. M.S. No. 6377;

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51703

M.S. No. 6657; of the Colorado River Basin Salinity during, or up to 30 days after the M.S. No. 6930; Control Advisory Council (Council) will meeting either in person or by mail. To M.S. No. 6931; take place. allow full consideration of information M.S. No. 6999; DATES: The Council will convene the by Council members, written notice M.S. No. 7000; must be provided to Mr. Kib Jacobson, M.S. No. 7001; meeting on Monday, October 29, 2018, M.S. No. 7002; at 4:00 p.m. and adjourn at Bureau of Reclamation, Upper Colorado M.S. No. 7003; approximately 5:00 p.m. The Council Regional Office, 125 South State Street, M.S. No. 7004; will reconvene the meeting on Tuesday, Room 8100, Salt Lake City, Utah 84138– M.S. No. 7005; October 30, 2018, at 8:30 a.m. and 1147; email at [email protected]; M.S. No. 7006; adjourn the meeting at approximately 12 facsimile (801) 524–3847; at least five M.S. No. 7007; noon. (5) business days prior to the meeting. M.S. No. 7008; ADDRESSES: The meeting will be held at Any written comments received prior to M.S. No. 7108; the meeting will be provided to Council M.S. No. 8869; the New Mexico State Capitol, 490 Old Santa Fe Trail, Santa Fe, New Mexico. members at the meeting. M.S. No. 8876; Before including your address, phone M.S. No. 9023; FOR FURTHER INFORMATION CONTACT: Kib number, email address, or other M.S. No. 9024; Jacobson, telephone (801) 524–3753; M.S. No. 9035, that portion not within the personal identifying information in your email at [email protected]; facsimile comment, you should be aware that Absaroka-Beartooth Wilderness; (801) 524–3847. M.S. No. 9681; your entire comment—including your M.S. No. 9771; SUPPLEMENTARY INFORMATION: The personal identifying information—may M.S. No. 9906; meeting of the Council is being held be made publicly available at any time. M.S. No. 10774; under the provisions of the Federal While you can ask us in your comment Wormsbecker Boundary Adjustment Tract, Advisory Committee Act of 1972. The to withhold your personal identifying Certificate of Survey No. 792BA, filed in Council was established by the Colorado information from public review, we Park County, Montana, July 22, 1985, River Basin Salinity Control Act of 1974 Document No. 186782. cannot guarantee that we will be able to (Pub. L. 93–320) (Act) to receive reports do so. The described non-Federal lands and non- and advise Federal agencies on Federal mineral rights aggregate implementing the Act. Dated: August 23, 2018. approximately 1,668 acres. Purpose of the Meeting: The purpose Brent C Esplin, 3. The withdrawal made by this Order of the meeting is to discuss the Acting Regional Director, Upper Colorado does not alter the applicability of those accomplishments of Federal agencies Region. public land laws governing the use of and make recommendations on future [FR Doc. 2018–22235 Filed 10–11–18; 8:45 am] National Forest System land under activities to control salinity. BILLING CODE 4332–90–P lease, license, or permit, or governing Agenda: Council members will be the disposal of the mineral or vegetative briefed on the status of salinity control resources other than under the mining activities and receive input for drafting INTERNATIONAL TRADE laws. the Council’s annual report. The Bureau COMMISSION 4. This withdrawal will expire 20 of Reclamation, Bureau of Land [Investigation No. 337–TA–1092] years from the effective date of this Management, U.S. Fish and Wildlife Order unless the withdrawal is Service, and United States Geological Certain Self-Anchoring Beverage extended by the Secretary prior to the Survey of the Department of the Interior; Containers; Commission expiration date as a result of a review the Natural Resources Conservation Determination To Review in Part an conducted pursuant to Section 204(f) of Service of the Department of Initial Determination Granting the Federal Land Policy and Agriculture; and the Environmental Summary Determination of a Section Management Act of 1976, 43 U.S.C. Protection Agency will each present a 337 Violation; Schedule for Filing 1714(f). progress report and a schedule of Written Submissions activities on salinity control in the Ryan K. Zinke, Colorado River Basin. The Council will AGENCY: U.S. International Trade Secretary of the Interior. discuss salinity control activities, the Commission. [FR Doc. 2018–22242 Filed 10–11–18; 8:45 am] contents of the reports, and the Basin ACTION: Notice. BILLING CODE 3411–15–P States Program created by Public Law SUMMARY: Notice is hereby given that 110–246, which amended the Act. Meeting Accessibility/Special the U.S. International Trade DEPARTMENT OF THE INTERIOR Accommodations: The meeting is open Commission has determined to review- to the public and seating is on a first- in-part the presiding administrative law Bureau of Reclamation come basis. Individuals requiring judge’s initial determination (Order No. [RR04084000, XXXR4081X1, special accommodations to access the 15) granting summary determination RN.20350010.REG0000] public meeting should contact Mr. Kib that the defaulting respondents have Jacobson by email at kjacobson@ violated section 337 in the above- Colorado River Basin Salinity Control usbr.gov, or by telephone at (801) 524– captioned investigation. The Advisory Council Notice of Public 3753, at least five (5) business days prior Commission requests briefing from the Meeting to the meeting so that appropriate parties, interested government agencies, and interested persons on the issues of AGENCY: Bureau of Reclamation, arrangements can be made. Public Disclosure of Comments: To remedy, the public interest, and Interior. bonding. ACTION: Notice of public meeting. the extent that time permits, the Council chairman will allow public presentation FOR FURTHER INFORMATION CONTACT: SUMMARY: The Bureau of Reclamation is of oral comments at the meeting. Any Clara Kuehn, Office of the General publishing this notice to announce that member of the public may file written Counsel, U.S. International Trade a Federal Advisory Committee meeting statements with the Council before, Commission, 500 E Street SW,

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51704 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Washington, DC 20436, telephone (202) the investigation with respect to reasons’’ and to modify a citation to 205–3012. Copies of non-confidential Telebrands and the Unserved ‘‘Mot. Ex. 3 at Attachments 1 (OUOH) documents filed in connection with this Respondents. See Order No. 8 (Feb. 16, and 6 (DevBattles)’’ at page 11 of the ID investigation are or will be available for 2018) (unreviewed Notice (Mar. 15, to ‘‘Mot. Ex. 3 at Attachments 3 (OUOH) inspection during official business 2018)); Order No. 10 (Apr. 10, 2018) and 6 (DevBattles)’’, and to strike the hours (8:45 a.m. to 5:15 p.m.) in the (unreviewed Notice (May 8, 2018)). sentence at page 11 of the ID that refers Office of the Secretary, U.S. On May 3, 2018, the ALJ issued an ID to claim charts attached to the Amended International Trade Commission, 500 E (Order No. 11) finding in default the last Complaint (‘‘Complainants also attached Street SW, Washington, DC 20436, two remaining respondents, OUOH and claim charts to the Amended Complaint telephone (202) 205–2000. General DevBattles (collectively, ‘‘the defaulting . . . of the patent. (Compl Exh. 38 at information concerning the Commission respondents’’). The Commission 13–15 (OUOH), 16–18 (DevBattles).)’’); may also be obtained by accessing its determined not to review the ID. (2) the ID’s findings on importation, and internet server at https://www.usitc.gov. Comm’n Notice (June 1, 2018). on review, (a) affirm the ID’s finding on The public record for this investigation On May 25, 2018, Complainants filed importation as to defaulting respondent may be viewed on the Commission’s a motion for summary determination OUOH on the modified ground that electronic docket (EDIS) at https:// that the defaulting respondents have Complainants have established by edis.usitc.gov. Hearing-impaired sold for importation into the United substantial, reliable, and probative persons are advised that information on States, imported into the United States, evidence that the importation this matter can be obtained by or sold after importation certain self- requirement of section 337 is satisfied contacting the Commission’s TDD anchoring beverage containers that with respect to defaulting respondent terminal on (202) 205–1810. infringe certain claims of the ’850 patent OUOH and (b) take no position on in violation of section 337. The motion SUPPLEMENTARY INFORMATION: The whether Complainants have established also requested a recommendation for by substantial, reliable, and probative Commission instituted this investigation entry of a general exclusion order; the on January 8, 2018, based on a evidence the importation requirement as motion did not request cease and desist to defaulting respondent DevBattles; complaint, as amended, filed by orders directed against either defaulting Complainants Alfay Designs, Inc., of and (3) the ID’s findings on the respondent. economic prong of the domestic Rahway, New Jersey; Mighty Mug, Inc., On June 6, 2018, the ALJ issued an ID industry, and on review, affirm the ID’s of Rahway, New Jersey; and Harry (Order No. 12), granting Complainants’ finding of the existence of a domestic Zimmerman of Los Angeles, California motion to withdraw all allegations industry under subsection 337(a)(3)(B), (collectively, ‘‘Complainants’’). 83 FR based on the ’803 trademark and the and to take no position on whether a 835–36 (Jan. 8, 2018). The amended ’418 patent. The Commission domestic industry exists under complaint alleged violations of section determined not to review the ID. subsections 337(a)(3)(A) or (C). 337 of the Tariff Act of 1930, as Comm’n Notice (June 25, 2018). amended, 19 U.S.C. 1337 (‘‘section On June 14, 2018, Complainants filed In connection with the final 337’’), in the importation into the a supplement (‘‘Supplement’’) to their disposition of this investigation, the United States, the sale for importation, May 25, 2018, motion for summary Commission may (1) issue an order that and the sale within the United States determination. On the same day, OUII could result in the exclusion of the after importation of certain self- filed a response in support of subject articles from entry into the anchoring beverage containers by reason Complainants’ motion. United States, and/or (2) issue a cease of infringement of certain claims of U.S. On August 27, 2018, the ALJ issued and desist order that could result in the Patent Nos. 8,028,850 (‘‘the ’850 the subject ID granting Complainants’ respondent being required to cease and patent’’) and 8,757,418 (‘‘the ’418 motion for summary determination. The desist from engaging in unfair acts in patent’’), as well as U.S. Trademark ALJ found that the importation the importation and sale of such Registration No. 4,191,803 (‘‘the ’803 requirement is satisfied as to each articles. Accordingly, the Commission is trademark’’). Id. The amended defaulting respondent, that the accused interested in receiving written complaint further alleged that a products of each defaulting respondent submissions that address the form of domestic industry in the United States infringe claim 1 of the ‘850 patent, and remedy, if any, that should be ordered. exists or is in the process of being that Complainants satisfied the If a party seeks exclusion of an article established. domestic industry requirement. No from entry into the United States for The notice of investigation named petitions for review of the ID were filed. purposes other than entry for eight respondents: Telebrands, Corp. of The ALJ recommended issuance of a consumption, the party should so Fairfield, New Jersey (‘‘Telebrands’’); general exclusion order and the indicate and provide information HIRALIY of Guangzhou, Chin; Chekue, imposition of a bond in the amount of establishing that activities involving Shenzen Chekue Trading Co. Ltd. of 100% of the entered value of subject other types of entry either are adversely Shenzhen, China; Tapcet, Guangzhou products during the period of affecting it or likely to do so. For Tinghui Trade Co., Ltd. of Guangzhou, Presidential review. background, see Certain Devices for China; OTELAS, MB of Klaipeda, Having examined the record of this Connecting Computers via Telephone Lithuania; and Artiart Limited of Taipei, investigation, including the ID, the Lines, Inv. No. 337–TA–360, USITC Taiwan (collectively, the ‘‘Unserved Commission has determined to review Pub. No. 2843, Comm’n Op. at 7–10 Respondents’’); and OUOH, Zhejiang in part the ALJ’s ID granting summary (December 1994). In addition, if a party OUOH Houseware Co., Ltd., of determination of a section 337 violation. seeks issuance of any cease and desist Wenzhou, China (‘‘OUOH’’), and Specifically, the Commission has orders, the written submissions should DevBattles of Ternopil, Ukraine determined to review the following address that request in the context of (‘‘DevBattles’’). Id. The notice of findings: (1) The ID’s findings on recent Commission opinions, including investigation also named the Office of infringement to correct typographical those in Certain Arrowheads with Unfair Import Investigations (‘‘OUII’’) as errors, namely to modify a cross- Deploying Blades and Components a party to the investigation. Id. The reference ‘‘[f]or the foregoing reasons’’ at Thereof and Packaging Therefor, Inv. Commission subsequently terminated page 11 of the ID to ‘‘[f]or the following No. 337–TA–977, Comm’n Op. (Apr. 28,

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51705

2017) and Certain Electric Skin Care parties are encouraged to file written of this or a related proceeding, or (b) in Devices, Brushes and Chargers Therefor, submissions on the issues of remedy, internal investigations, audits, reviews, and Kits Containing the Same, Inv. No. the public interest, and bonding. Such and evaluations relating to the 337–TA–959, Comm’n Op. (Feb. 13, submissions should address the programs, personnel, and operations of 2017). Specifically, if Complainants recommended determination by the ALJ the Commission including under 5 seek a cease and desist order against a on remedy and bonding. U.S.C. Appendix 3; or (ii) by U.S. defaulting respondent, the written Complainants and OUII are also government employees and contract submissions should respond to the requested to submit proposed remedial personnel, 1 solely for cybersecurity following requests: orders for the Commission’s purposes. All non-confidential written 1. Please identify with citations to the consideration. Complainants are also submissions will be available for public record any information regarding requested to state the date that the inspection at the Office of the Secretary commercially significant inventory in asserted patent expires, the HTSUS and on EDIS. the United States as to each respondent numbers under which the accused The authority for the Commission’s against whom a cease and desist order products are imported, and to supply determination is contained in section is sought. If Complainants also rely on the identification information for all 337 of the Tariff Act of 1930, as other significant domestic operations known importers of the products at amended, 19 U.S.C. 1337, and in part that could undercut the remedy issue in this investigation. The written 210 of the Commission’s Rules of provided by an exclusion order, please submissions and proposed remedial Practice and Procedure, 19 CFR part identify with citations to the record orders must be filed no later than close 210. such information as to each respondent of business on October 22, 2018. Reply against whom a cease and desist order submissions must be filed no later than By order of the Commission. is sought. the close of business on October 29, Issued: October 5, 2018. 2. In relation to the infringing 2018. No further submissions on these Lisa Barton, products, please identify any issues will be permitted unless Secretary to the Commission. information in the record, including otherwise ordered by the Commission. [FR Doc. 2018–22189 Filed 10–11–18; 8:45 am] allegations in the pleadings, that Persons filing written submissions BILLING CODE 7020–02–P addresses the existence of any domestic must file the original document inventory, any domestic operations, or electronically on or before the deadlines any sales-related activity directed at the stated above and submit eight true paper INTERNATIONAL TRADE United States for each respondent copies to the Office of the Secretary by COMMISSION against whom a cease and desist order noon the next day pursuant to section is sought. 210.4(f) of the Commission’s Rules of [Inv. No. 337–TA–1136] If the Commission contemplates some Practice and Procedure (19 CFR Certain Obstructive Sleep Apnea form of remedy, it must consider the 210.4(f)). Submissions should refer to Treatment Mask Systems and effects of that remedy upon the public the investigation number (Inv. No. 337– Components Thereof; Institution of interest. The factors the Commission TA–1092) in a prominent place on the Investigation Pursuant to 19 U.S.C. will consider include the effect that an cover page and/or the first page. (See 1337 exclusion order and/or cease and desist Handbook for Electronic Filing orders would have on (1) the public Procedures, https://www.usitc.gov/ AGENCY: U.S. International Trade health and welfare, (2) competitive secretary/documents/handbook_on_ Commission. _ conditions in the U.S. economy, (3) U.S. filing procedures.pdf). Persons with ACTION: Notice. production of articles that are like or questions regarding filing should directly competitive with those that are contact the Secretary at (202) 205–2000. SUMMARY: Notice is hereby given that a subject to investigation, and (4) U.S. Any person desiring to submit a complaint was filed with the U.S. consumers. The Commission is document to the Commission in International Trade Commission on therefore interested in receiving written confidence must request confidential September 10, 2018, under section 337 submissions that address the treatment unless the information has of the Tariff Act of 1930, as amended, aforementioned public interest factors already been granted such treatment on behalf of Fisher & Paykel Healthcare in the context of this investigation. during the proceedings. All such Limited of New Zealand. Supplements If the Commission orders some form requests should be directed to the were filed on September 17, 2018, of remedy, the U.S. Trade Secretary to the Commission and must September 18, 2018, and September 26, Representative, as delegated by the include a full statement of the reasons 2018. The complaint alleges violations President, has 60 days to approve or why the Commission should grant such of section 337 based upon the disapprove the Commission’s action. treatment. See 19 CFR 201.6. Documents importation into the United States, the See Presidential Memorandum of July for which confidential treatment by the sale for importation, and the sale within 21, 2005, 70 FR 43251 (July 26, 2005). Commission is properly sought will be the United States after importation of During this period, the subject articles treated accordingly. A redacted non- certain obstructive sleep apnea would be entitled to enter the United confidential version of the document treatment mask systems and States under bond, in an amount must also be filed simultaneously with components thereof by reason of determined by the Commission and any confidential filing. All information, infringement of certain claims of U.S. prescribed by the Secretary of the including confidential business Patent No. 9,333,315 (‘‘the ’315 patent’’); Treasury. The Commission is therefore information and documents for which U.S. Patent No. 9,517,317 (‘‘the ’317 interested in receiving submissions confidential treatment is properly patent’’); U.S. Patent No. 9,539,405 (‘‘the concerning the amount of the bond that sought, submitted to the Commission for ’405 patent’’); U.S. Patent No. 9,907,925 should be imposed if a remedy is purposes of this investigation may be (‘‘the ’925 patent’’); and U.S. Patent No. ordered. disclosed to and used: (i) By the 9,974,914 (‘‘the ’914 patent’’). The Written Submissions: Parties to the Commission, its employees and Offices, investigation, interested government and contract personnel (a) for 1 All contract personnel will sign appropriate agencies, and any other interested developing or maintaining the records nondisclosure agreements.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51706 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

complaint further alleges that an patent; and whether an industry in the alleged in the complaint and this notice industry in the United States exists or United States exists or is in the process and to enter an initial determination is in the process of being established as of being established as required by and a final determination containing required by the applicable Federal subsection (a)(2) of section 337; such findings, and may result in the Statute. (2) Pursuant to section 210.10(b)(1) of issuance of an exclusion order or a cease The complainant requests that the the Commission’s Rules of Practice and and desist order or both directed against Commission institute an investigation Procedure, 19 CFR 210.10(b)(1), the the respondent. and, after the investigation, issue a plain language description of the By order of the Commission. limited exclusion order and a cease and accused products or category of accused Issued: October 5, 2018. desist order. products, which defines the scope of the William Bishop, ADDRESSES: The complaint, except for investigation, is ‘‘nasal pillow masks for Continuous Positive Airway Pressure Supervisory Hearings and Information any confidential information contained Officer. (CPAP) treatment of obstructive sleep therein, is available for inspection [FR Doc. 2018–22226 Filed 10–11–18; 8:45 am] during official business hours (8:45 a.m. apnea’’; BILLING CODE 7020–02–P to 5:15 p.m.) in the Office of the (3) For the purpose of the Secretary, U.S. International Trade investigation so instituted, the following Commission, 500 E Street SW, Room are hereby named as parties upon which DEPARTMENT OF JUSTICE 112, Washington, DC 20436, telephone this notice of investigation shall be served: (202) 205–2000. Hearing impaired Antitrust Division individuals are advised that information (a) The complainant is: Fisher & on this matter can be obtained by Paykel Healthcare Limited, 15 Maurice Notice Pursuant to the National contacting the Commission’s TDD Paykel Place, East Tamaki, Auckland Cooperative Research and Production terminal on (202) 205–1810. Persons 2013, P.O. Box 14 348, Panmure, Act of 1993—IMS Global Learning with mobility impairments who will Auckland 1741, New Zealand. Consortium, Inc. need special assistance in gaining access (b) The respondents are the following to the Commission should contact the entities alleged to be in violation of Notice is hereby given that, on Office of the Secretary at (202) 205– section 337, and are the parties upon October 1, 2018, pursuant to Section 2000. General information concerning which the complaint is to be served: 6(a) of the National Cooperative ResMed Corp., 9001 Spectrum Center Research and Production Act of 1993, the Commission may also be obtained Drive, San Diego, CA 92123. 15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS by accessing its internet server at ResMed Inc., 9001 Spectrum Center Global Learning Consortium, Inc. (‘‘IMS https://www.usitc.gov. The public Drive, San Diego, CA 92123. Global’’) has filed written notifications record for this investigation may be ResMed Limited, 1 Elizabeth simultaneously with the Attorney viewed on the Commission’s electronic Macarthur Drive, Bella Vista NSW 2153, General and the Federal Trade docket (EDIS) at https://edis.usitc.gov. Australia. Commission disclosing changes in its FOR FURTHER INFORMATION CONTACT: (4) For the investigation so instituted, membership. The notifications were Katherine Hiner, The Office of the the Chief Administrative Law Judge, filed for the purpose of extending the Secretary, Docket Services Division, U.S. International Trade Commission, Act’s provisions limiting the recovery of U.S. International Trade Commission, shall designate the presiding antitrust plaintiffs to actual damages telephone (202) 205–2560. Administrative Law Judge. under specified circumstances. SUPPLEMENTARY INFORMATION: The Office of Unfair Import Specifically, AEFIS, Philadelphia, PA; Authority: The authority for Investigations will not be named as a Drieam, Eindhoven, NETHERLANDS; institution of this investigation is party in this investigation. Learning Experiences, Holt, MI; Smart contained in section 337 of the Tariff Responses to the complaint and the Sparrow, San Francisco, CA; and Willo Act of 1930, as amended, 19 U.S.C. notice of investigation must be Labs, Whitetown, IN, have been added 1337, and in section 210.10 of the submitted by the named respondents in as parties to this venture. Commission’s Rules of Practice and accordance with section 210.13 of the Also, American Printing House for the Procedure, 19 CFR 210.10 (2018). Commission’s Rules of Practice and Blind, Louisville, KY; Galena Park Scope of Investigation: Having Procedure, 19 CFR 210.13. Pursuant to Independent School District, Houston, considered the complaint, as 19 CFR 201.16(e) and 210.13(a), such TX; Tennessee Board of Regents, supplemented, the U.S. International responses will be considered by the Nashville, TN; SMART Technologies, Trade Commission, on October 5, 2018, Commission if received not later than 20 Calgary, CANADA; Central ordered that— days after the date of service by the Massachusetts Collaborative, Worcester, (1) Pursuant to subsection (b) of Commission of the complaint and the MA; and Accreditrust, Warren, NJ, have section 337 of the Tariff Act of 1930, as notice of investigation. Extensions of withdrawn as parties to this venture. amended, an investigation be instituted time for submitting responses to the In addition, Uninett AS has changed to determine whether there is a complaint and the notice of its name to Unit—The Norwegian violation of subsection (a)(1)(B) of investigation will not be granted unless Directorate for ICT and Joint Services in section 337 in the importation into the good cause therefor is shown. Higher Education and Research, United States, the sale for importation, Failure of a respondent to file a timely Trondheim, NORWAY; and Chalk & or the sale within the United States after response to each allegation in the Wire Learning Assessment Inc. has importation of certain products complaint and in this notice may be changed its name to Campus Labs, identified in paragraph (2) by reason of deemed to constitute a waiver of the Buffalo, NY. infringement of one or more of claims right to appear and contest the No other changes have been made in 1–4, 6–9, 11–15, and 17–19 of the ’315 allegations of the complaint and this either the membership or planned patent; claims 1–20 of the ’317 patent; notice, and to authorize the activity of the group research project. claims 1–20 of the ’405 patent; claims administrative law judge and the Membership in this group research 4–20 of the ’925 patent; and claims 1– Commission, without further notice to project remains open, and IMS Global 3, 5–8, 11–20, 22, and 25–27 of the ’914 the respondent, to find the facts to be as intends to file additional written

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51707

notifications disclosing all changes in DEPARTMENT OF JUSTICE (3) Agency form number, if any, and membership. the applicable component of the [OMB Number 1105–0080] On April 7, 2000, IMS Global filed its Department sponsoring the collection: original notification pursuant to Section Agency Information Collection U.S. Department of Justice, Civil 6(a) of the Act. The Department of Activities: Extension of a Currently Division. (4) Affected public who will be asked Justice published a notice in the Federal Approved Collection: Annuity Broker Declaration Form or required to respond, as well as a brief Register pursuant to Section 6(b) of the abstract: Primary: Individuals. Abstract: Act on September 13, 2000 (65 FR ACTION: 60-Day notice of information This declaration is to be submitted 55283). collection under review. annually to determine whether a broker The last notification was filed with meets the qualifications to be listed as the Department on July 23, 2018. A The Department of Justice (DOJ), Civil an annuity broker pursuant to Section notice was published in the Federal Division, will be submitting the 111015(b) of Public Law 107–273. Register pursuant to Section 6(b) of the following information collection request (5) An estimate of the total number of Act on August 13, 2018 (83 FR 40084). to the Office of Management and Budget respondents and the amount of time (OMB) for review and approval in estimated for an average respondent to Suzanne Morris, accordance with the Paperwork respond/reply: It is estimated that 300 Chief, Premerger and Division Statistics Unit, Reduction Act of 1995. respondents will complete the form Antitrust Division. The proposed information collection annually within approximately 1 hour. [FR Doc. 2018–22248 Filed 10–11–18; 8:45 am] is published to obtain comments from (6) An estimate of the total public BILLING CODE 4410–11–P the public and affected agencies. burden (in hours) associated with the Comments are encouraged and will be collection: The total estimated annual accepted for 60 days until December 11, burden hours to complete the DEPARTMENT OF JUSTICE 2018. certification form is 300 hours. If you have questions concerning the If additional information is required Foreign Claims Settlement collection, please contact James G. contact: Melody Braswell, Department Commission Touhey, Jr., Director, Torts Branch, Civil Clearance Officer, United States Division, U.S. Department of Justice, Department of Justice, Justice [F.C.S.C. Meeting and Hearing Notice No. P.O. Box 888, Benjamin Franklin Management Division, Policy and 9–18] Station, Washington, DC 20044, Planning Staff, Two Constitution Telephone: (202) 616–4400. Written Square, 145 N Street NE, Suite 3E.405B, Sunshine Act Meeting comments and suggestions from the Washington, DC 20530. public and affected agencies concerning Dated: October 9, 2018. The Foreign Claims Settlement the proposed collection of information Melody Braswell, are encouraged. Your comments should Commission, pursuant to its regulations Department Clearance Officer, PRA, U.S. (45 CFR part 503.25) and the address one or more of the following Department of Justice. four points: Government in the Sunshine Act (5 [FR Doc. 2018–22261 Filed 10–11–18; 8:45 am] U.S.C. 552b), hereby gives notice in —Evaluate whether the proposed BILLING CODE 4410–12–P regard to the scheduling of open collection of information is necessary meetings as follows: for the proper performance of the functions of the agency, including DEPARTMENT OF JUSTICE Thursday, October 25, 2018 whether the information will have [OMB Number 1110–0067] 10:00 a.m.—Issuance of Proposed practical utility; —Evaluate the accuracy of the agencies Decisions in claims against Iraq. Agency Information Collection estimate of the burden of the Activities; Proposed eCollection 11:00 a.m.—Issuance of Proposed proposed collection of information, Decisions under the Guam World eComments Requested; Revision of an including the validity of the Existing Collection in Use Rap Back War II Loyalty Recognition Act, methodology and assumptions used; Services Form (1–796) Title XVII, Public Law 114–328. —Enhance the quality, utility, and clarity of the information to be AGENCY: Criminal Justice Information STATUS: Open. collected; and Services Division, Federal Bureau of All meetings are held at the Foreign —Minimize the burden of the collection Investigation, Department of Justice. Claims Settlement Commission, 601 D of information on those who are to ACTION: 30-Day notice. Street NW, Suite 10300, Washington, respond, including through the use of DC. Requests for information, or appropriate automated, electronic, SUMMARY: The Department of Justice advance notices of intention to observe mechanical, or other technological (DOJ), Federal Bureau of Investigation an open meeting, may be directed to: collection techniques or other forms (FBI), Criminal Justice Information Patricia M. Hall, Foreign Claims of information technology, e.g., Services (CJIS) Division will be Settlement Commission, 601 D Street permitting electronic submission of submitting the following information NW, Suite 10300, Washington, DC responses. collection request to the Office of 20579. Telephone: (202) 616–6975. Overview of this information Management and Budget (OMB) for collection: review and approval in accordance with Brian Simkin, (1) Type of Information Collection: the Paperwork Reduction Act of 1995. Chief Counsel. Revision of a currently approved DATES: Comments are encouraged and [FR Doc. 2018–22378 Filed 10–10–18; 4:15 pm] collection. will be accepted for 30 days until BILLING CODE 4410–BA–P (2) Title of the Form/Collection: November 13, 2018. Annuity Broker Qualification FOR FURTHER INFORMATION CONTACT: Declaration Form. Written comments and/or suggestions

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51708 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

regarding the items contained in this engage in criminal conduct or Persons delivering documents are notice, especially the estimated public individuals under the supervision of a required to check in at the receptionist’s burden and associated response time, criminal justice agency commit desk in Suite 4E401. Individuals may should be directed to Gerry Lynn subsequent criminal acts. inspect a copy of the petition and Brovey, Supervisory Information (5) An estimate of the total number of comments during normal business Liaison Specialist, Federal Bureau of respondents and the amount of time hours at the address listed above. Investigation, Criminal Justice estimated for an average respondent to MSHA will consider only comments Information Services Division, 1000 respond: It is estimated that 12 postmarked by the U.S. Postal Service or Custer Hollow Road; Clarksburg, WV respondents will complete each form proof of delivery from another delivery 26306; phone: 304–625–4320 or email within approximately 5 minutes. service such as UPS or Federal Express [email protected]. Written comments (6) An estimate of the total public on or before the deadline for comments. and/or suggestions can also be sent to burden (in hours) associated with the FOR FURTHER INFORMATION CONTACT: the Office of Management and Budget, collection: There are an estimated 60 Barbara Barron, Office of Standards, Office of Information and Regulatory total annual burden hours associated Regulations, and Variances at 202–693– Affairs, Attention Department of Justice with this collection. 9447 (voice), [email protected] Desk Officer, Washington, DC 20503 or If additional information is required (email), or 202–693–9441 (fax). [These sent to OIRA_submissions@ contact: Melody Braswell, Department are not toll-free numbers.] Clearance Officer, United States omb.eop.gov. SUPPLEMENTARY INFORMATION: Section SUPPLEMENTARY INFORMATION: Written Department of Justice, Justice 101(c) of the Federal Mine Safety and comments and suggestions from the Management Division, Policy and Health Act of 1977 and Title 30 of the public and affected agencies concerning Planning Staff, Two Constitution Code of Federal Regulations Part 44 the proposed collection of information Square, 145 N Street NE, Suite 3E.405B, govern the application, processing, and are encouraged. Your comments should Washington, DC 20530. disposition of petitions for modification. address one or more of the following Dated: October 9, 2018. I. Background four points: Melody Braswell, —Evaluate whether the proposed Department Clearance Officer, PRA, U.S. Section 101(c) of the Federal Mine collection of information is necessary Department of Justice. Safety and Health Act of 1977 (Mine for the proper performance of the [FR Doc. 2018–22223 Filed 10–11–18; 8:45 am] Act) allows the mine operator or functions of the agency, including BILLING CODE 4410–02–P representative of miners to file a whether the information will have petition to modify the application of any practical utility; mandatory safety standard to a coal or —Evaluate the accuracy of the agency’s DEPARTMENT OF LABOR other mine if the Secretary of Labor estimate of the burden of the (Secretary) determines that: proposed collection of information, Mine Safety and Health Administration 1. An alternative method of achieving including the validity of the the result of such standard exists which methodology and assumptions used; Petitions for Modification of will at all times guarantee no less than —Evaluate whether and if so how the Application of Existing Mandatory the same measure of protection afforded quality, utility, and clarity of the Safety Standard the miners of such mine by such information to be collected can be standard; or AGENCY: enhanced; and Mine Safety and Health 2. That the application of such —Minimize the burden of the collection Administration, Labor. standard to such mine will result in a of information on those who are to ACTION: Notice. diminution of safety to the miners in respond, including through the use of such mine. SUMMARY: This notice is a summary of appropriate automated, electronic, In addition, the regulations at 30 CFR a petition for modification submitted to mechanical, or other technological 44.10 and 44.11 establish the the Mine Safety and Health collection techniques or other forms requirements and procedures for filing Administration (MSHA) by the parties of information technology, e.g., petitions for modification. permitting electronic submission of listed below. responses. DATES: All comments on the petition II. Petition for Modification must be received by MSHA’s Office of Overview of this information Docket Number: M–2018–018–C. Standards, Regulations, and Variances collection: Petitioner: Wilson Creek Energy, LLC, (1) Type of information collection: on or before November 13, 2018. Three Gateway Center, Suite 1500, 401 Revision of an approved collection. ADDRESSES: You may submit your Liberty Avenue, Pittsburgh, PA 15222. (2) Title of the form/collection: Rap comments, identified by ‘‘docket Mine: Acosta Deep Mine, MSHA I.D. Back Services Form number’’ on the subject line, by any of No. 36–09893, located in Somerset (3) Agency form number: The form the following methods: County, Pennsylvania. number is 1–796. Sponsoring 1. Email: [email protected] Regulation Affected: 30 CFR 75.503 component: Department of Justice, Include the docket number of the (Permissible electric face equipment; Federal Bureau of Investigation, petition in the subject line of the maintenance) and 30 CFR 18.35 Criminal Justice Information Services message. (Portable (trailing) cables and cords). Division. 2. Facsimile: 202–693–9441. Modification Request: The petitioner (4) Affected public who will be asked 3. Regular Mail or Hand Delivery: requests a modification of the existing or required to respond, as well as a brief MSHA, Office of Standards, standard to permit an alternative abstract: Primary: This form is utilized Regulations, and Variances, 201 12th method of compliance with respect to by authorized agencies to enroll Street South, Suite 4E401, Arlington, the length of trailing cable. individuals in the Rap Back Service to Virginia 22202–5452, Attention: Sheila The petitioner states that: ensure the submitting agency is notified McConnell, Director, Office of (1) The Acosta Deep Mine is a room when individuals in positions of trust Standards, Regulations, and Variances. and pillar mine that utilizes continuous

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51709

mining machines and continuous been designated to operate the roof DATES: All comments should be haulage. The rooms off the mains or bolters, or any other person designated submitted within 30 calendar days from submains are driven approximately 600 to examine the trailing cables or trip the date of this publication. feet on 52 feet by 60 feet centers. There settings on the circuit breakers have ADDRESSES: All comments should be are three producing sections. When received the proper training. addressed to Gatrie Johnson, Mail Code using continuous haulage, it is (j) Within 60 days after the proposed JF000, National Aeronautics and Space necessary to add an electrical box (‘‘D- decision and order becomes final, the Administration, Washington, DC 20546– box’’) on the return side of the section petitioner will submit proposed 0001 or [email protected]. so that the roof bolters have enough revisions for its approved 30 CFR part FOR FURTHER INFORMATION CONTACT: cable to reach the faces. The granting of 48 training plan to the District Manager. Requests for additional information or this petition will eliminate the These proposed revisions will specify copies of the information collection additional electrical box and will make task training for miners designated to instrument and instructions should be the bolting process more efficient and examine the trailing cables for safe directed to Gatrie Johnson, NASA thus effective. The mine utilizes 480V operating condition and verify the short- Clearance Officer, NASA Headquarters, Fletcher Roof Ranger II roof bolters. circuit settings of the circuit 300 E Street SW, JF0000, Washington, (2) The granting of the petition will interrupting device(s) that protect the DC 20546 or email gatrie.johnson@ reduce the amount of cable handling. affected trailing cables do not exceed nasa.gov. The average mining height is 38–42 the specified setting(s) in Item No. 3(c). inches. Sprains and strains from cable The training will include the following: SUPPLEMENTARY INFORMATION: handling are the most frequent injury at (i) The hazards of setting short-circuit I. Abstract the mine. interrupting device(s) too high to (3) The petitioner proposes the adequately protect the trailing cables; The information submitted by the following alternative method to be (ii) How to verify that the circuit public is a license application for those utilized: interrupting devices(s) protecting the companies and individuals who wish to (a) The maximum length of the 480- trailing cable(s) are properly set and obtain a patent license for a NASA volt trailing cables will be 1,100 feet maintained; patented technology. Information when using No. 2 American Wire Gauge (iii) Mining methods and operating needed for the license application in (AWG) cables. procedures that will protect the trailing ATLAS may include supporting (b) The trailing cables for the 480-volt cables against damage; and documentation such as a certificate of Fletcher Roof Ranger II roof bolters will (iv) The proper procedure for incorporation, a financial statement, a not be smaller than No. 2 AWG cable. examining the trailing cables to ensure business and/or commercialization (c) All circuit breakers used to protect that the cable(s) are in safe operating plan, a projected revenue/royalty the No. 2 AWG trailing cables exceeding condition by a visual inspection of the spreadsheet and a company balance 700 feet in length will have entire cable, observing the insulation, sheet. At a minimum, all license instantaneous trip units calibrated to the integrity of the splices, nicks, and applicants must submit a satisfactory trip at 700 amperes. The trip setting of abrasions. plan for the development and/or these circuit breakers will be sealed to The petitioner asserts that the marketing of an invention. The collected ensure that the setting on these circuit proposed alternative method will at all information is used by NASA to ensure breakers cannot be changed, and these times guarantee no less than the same that companies that seek to breakers will have permanent, legible measure of protection afforded the commercialize NASA technologies have labels. Each label will identify the miners under the existing standard. a solid business plan for bringing the circuit breaker as being suitable for technology to market. protecting the No. 2 AWG cables. Roslyn B. Fontaine, II. Method of Collection (d) Replacement circuit breakers and/ Deputy Director, Office of Standards, or instantaneous trip units used to Regulations, and Variances. NASA is participating in Federal protect the No. 2 AWG trailing cables [FR Doc. 2018–22181 Filed 10–11–18; 8:45 am] efforts to extend the use of information will be calibrated to trip at 700 amperes, BILLING CODE 4520–43–P technology to more Government and this setting will be sealed. processes via internet. NASA (e) All components that provide short- encourages recipients to use the latest circuit protection will have a sufficient NATIONAL AERONAUTICS AND computer technology in preparing interruption rating in accordance with SPACE ADMINISTRATION documentation. Companies and the maximum calculated fault currents individuals submit license applications [18–076] available. by completing the automated form by (f) During each production day, the Notice of Information Collection way of the Automated Technology No. 2 AWG cables and the associated Licensing Application System (ATLAS). circuit breakers will be examined in AGENCY: National Aeronautics and NASA requests all license applications accordance with all 30 CFR provisions. Space Administration (NASA). to be submitted via electronic means. (g) Permanent warning labels will be ACTION: Notice of information collection. installed and maintained on the load III. Data center identifying the location of each SUMMARY: The National Aeronautics and Title: Automated Technology short-circuit protective device. These Space Administration, as part of its Licensing Application System (ATLAS). labels will warn miners not to change or continuing effort to reduce paperwork OMB Number: 2700–XXXX. alter the settings of these devices. and respondent burden, invites the Type of review: New. (h) If the affected trailing cables are general public and other Federal Affected Public: Public and damaged in any way during the shift, agencies to take this opportunity to companies. the cable will be de-energized and comment on proposed and/or Estimated Number of Respondents: repairs made. continuing information collections, as 360. (i) This alternative method will not be required by the Paperwork Reduction Estimated Time per Response: 8.0 implemented until all miners who have Act of 1995. hours.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51710 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Estimated Total Annual Burden Headquarters, 300 E Street SW, Mail III. Data Hours: 2,880 hours. Code JF000, Washington, DC 20546, or Title: JSC Neutral Buoyancy Lab Guest Estimated Total Annual Cost: [email protected]. Diver Physical Exam Results. $169,920. SUPPLEMENTARY INFORMATION: OMB Number: 2700–XXXX. IV. Request for Comments I. Abstract Type of review: Existing collection in Comments are invited on: (1) Whether use without an OMB Control Number. Since the mid-1960s, neutral Affected Public: Individuals. the proposed collection of information buoyancy has been an invaluable tool is necessary for the proper performance Estimated Number of Respondents: for testing procedures, developing 175. of the functions of NASA, including hardware, and training astronauts. whether the information collected has Estimated Time per Response: 60 Neutrally buoyant conditions minutes. practical utility; (2) the accuracy of sufficiently simulate reduced gravity NASA’s estimate of the burden Estimated Total Annual Burden conditions, comparable to the Hours: 175. (including hours and cost) of the environmental challenges of space. The proposed collection of information; (3) Estimated Total Annual Cost to Neutral Buoyancy Laboratory (NBL) at Respondents: $6,125.00. ways to enhance the quality, utility, and NASA Johnson Space Center (JSC) clarity of the information to be provides opportunities for astronauts to IV. Request for Comments collected; and (4) ways to minimize the practice future on-orbit procedures, Comments are invited on: (1) Whether burden of the collection of information such as extravehicular activities (EVA), the proposed collection of information on respondents, including automated and to work through simulation is necessary for the proper performance collection techniques or the use of other exercises to solve problems encountered of the functions of NASA, including forms of information technology. on-orbit. NASA hires individuals with whether the information collected has Comments submitted in response to demonstrated diving experience as NBL practical utility; (2) the accuracy of this notice will be summarized and Working Divers in teams comprised of NASA’s estimate of the burden included in the request for OMB four divers; two safety divers, one utility (including hours and cost) of the approval of this information collection. diver, and one cameraman to assist proposed collection of information; (3) They will also become a matter of astronauts practice various tasks ways to enhance the quality, utility, and public record. encountered in space. clarity of the information to be Gatrie Johnson, NASA allows guest divers, typically collected; and (4) ways to minimize the NASA PRA Clearance Officer. non-federal photographers representing burden of the collection of information [FR Doc. 2018–22273 Filed 10–11–18; 8:45 am] the media, opportunities to engage in on respondents, including automated BILLING CODE 7510–13–P the NBL diving experience. To collection techniques or the use of other participate, guest divers must present a forms of information technology. dive physical, completed within one Gatrie Johnson, NATIONAL AERONAUTICS AND year of the targeted diving opportunity, SPACE ADMINISTRATION for review by the NASA Buoyancy Lab NASA PRA Clearance Officer. Dive Physician. [FR Doc. 2018–22271 Filed 10–11–18; 8:45 am] [18–074] If the guest diver does not have a BILLING CODE 7510–13–P Notice of Information Collection current U.S. Navy, Association of Diving Contractors (ADC), or current British AGENCY: National Aeronautics and standard for commercial diving NATIONAL AERONAUTICS AND Space Administration (NASA). physical, they are required to complete SPACE ADMINISTRATION ACTION: Notice of information collection. a medical examination, performed by a [18–075] certified Diving Medical Examiner. The SUMMARY: The National Aeronautics and results of the physical will be Notice of Information Collection Space Administration, as part of its documented by on the JSC Form 1830/ continuing effort to reduce paperwork AGENCY: National Aeronautics and Report of Medical Examination for Space Administration (NASA). and respondent burden, invites the Applicant and presented for review general public and other Federal prior to participating in diving activities ACTION: Notice of information collection. agencies to take this opportunity to conducted at the JSC Neutral Buoyancy comment on proposed and/or SUMMARY: The National Aeronautics and Lab. The associated cost for guest divers Space Administration, as part of its continuing information collections, as to complete the medical examination required by the Paperwork Reduction continuing effort to reduce paperwork will vary, typically based on the guest and respondent burden, invites the Act of 1995. diver’s insurance. DATES: All comments should be general public and other Federal A completed JSC Form 1830/Report of agencies to take this opportunity to submitted within 30 calendar days from Medical Examination, with test results the date of this publication. comment on proposed and/or attached as applicable, must be continuing information collections. ADDRESSES: All comments should be submitted to enable NASA to validate DATES: All comments should be addressed to Gatrie Johnson, Mail Code an individual’s physical ability to dive submitted within 60 calendar days from JF000, National Aeronautics and Space in the NBL at NASA Johnson Space the date of this publication. Administration, Washington, DC 20546– Center. The completed JSC Form 1830 0001 or [email protected]. will be protected in accordance with the ADDRESSES: All comments should be FOR FURTHER INFORMATION CONTACT: Privacy Act. Records will be retained in addressed to Gatrie Johnson, National Requests for additional information or accordance with NASA Records Aeronautics and Space Administration, copies of the information collection Retention Schedules. 300 E Street SW, Washington, DC instrument(s) and instructions should 20546–0001. II. Method of Collection be directed to Gatrie Johnson, NASA FOR FURTHER INFORMATION CONTACT: PRA Clearance Officer, NASA Paper. Requests for additional information or

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51711

copies of the information collection practical utility; (2) the accuracy of other federally-funded ground-based instrument(s) and instructions should NASA’s estimate of the burden optical-infrared facilities in the era of be directed to Gatrie Johnson, NASA (including hours and cost) of the Multi-Messenger and Time Domain Clearance Officer, NASA Headquarters, proposed collection of information; (3) astronomy, and on the use of these 300 E Street SW, JF0000, Washington, ways to enhance the quality, utility, and observatories to advance Dark Energy DC 20546 or email Gatrie.Johnson@ clarity of the information collected; and science. NASA.gov. (4) ways to minimize the burden of the Dated: October 9, 2018. SUPPLEMENTARY INFORMATION: collection of information on Crystal Robinson, respondents, including automated Committee Management Officer. I. Abstract collection techniques or the use of other [FR Doc. 2018–22220 Filed 10–11–18; 8:45 am] The NASA Contractor Financial forms of information technology. Management Reporting System is the Comments submitted in response to BILLING CODE 7555–01–P basic financial medium for contractor this notice will be summarized and reporting of estimated and incurred included in the request for OMB costs, providing essential data for approval of this information collection. NUCLEAR REGULATORY projecting costs and hours to ensure that They will also become a matter of COMMISSION contractor performance is realistically public record. [NRC–2018–0001] planned and supported by dollar and Gatrie Johnson, Sunshine Act Meetings labor resources. The data provided by NASA PRA Clearance Officer. these reports is an integral part of the Agency’s accrual accounting and cost [FR Doc. 2018–22272 Filed 10–11–18; 8:45 am] TIME AND DATE: Weeks of October 15, 22, based budgeting system. Respondents BILLING CODE 7510–13–P 29, November 5, 12, 19, 2018. are reimbursed for associated cost to PLACE: Commissioners’ Conference provide the information, per their Room, 11555 Rockville Pike, Rockville, negotiated contract price and associated NATIONAL SCIENCE FOUNDATION Maryland. terms of the contract. There are no ‘‘total STATUS: Public and Closed. Astronomy and Astrophysics Advisory capital and start-up’’ or ‘‘total operation Committee; Notice of Meeting MATTERS TO BE CONSIDERED: and maintenance and purchase of services’’ costs associated since NASA In accordance with the Federal Week of October 15, 2018 policy requires that data reported is Advisory Committee Act (Pub. L. 92– There are no meetings scheduled for generated from the contractors’ existing 463, as amended), the National Science the week of October 15, 2018. system. The contractors’ internal Foundation (NSF) announces the Week of October 22, 2018—Tentative management system shall be relied following meeting: upon to the maximum extent possible. Name and Committee Code: Thursday, October 25, 2018 Comments submitted in response to this Astronomy and Astrophysics Advisory 9:00 a.m. Briefing on Digital notice will be summarized and included Committee (#13883) (Teleconference). Instrumentation and Control in the request for OMB approval of this Date and Time: November 6, 2018; (Public); (Contact: Jason Paige: 301– information collection. They will also 12:00 p.m.–1:00 p.m. EST. 415–1474). become a matter of public record. Place: National Science Foundation, This meeting will be webcast live at II. Methods of Collection 2415 Eisenhower Avenue, Alexandria, VA 22314, Room W9138 the Web address—http://www.nrc.gov/. NASA collects this information (Teleconference). Week of October 29, 2018—Tentative electronically and that is the preferred Type of Meeting: Open. manner, however information may also Attendance information for the Monday, October 29, 2018 be collected via mail or fax. meeting will be forthcoming on the 9:00 a.m. Transformation at the NRC III. Data website: https://www.nsf.gov/mps/ast/ (Public); (Contact: Kevin Williams: aaac.jsp. 301–415–1611). Title: NASA Contractor Financial Contact Person: Dr. Christopher This meeting will be webcast live at Management Reports. Davis, Program Director, Division of the Web address—http://www.nrc.gov/. OMB Number: 2700–0003. Astronomical Sciences, Suite W 9136, Type of review: Renewal of a National Science Foundation, 2415 Week of November 5, 2018—Tentative previously approved collection. Eisenhower Avenue, Alexandria, VA Affected Public: Business or other for There are no meetings scheduled for 22314; Telephone: 703–292–4910. profit, not-for-profit institutions. the week of November 5, 2018. Purpose of Meeting: To provide Average Expected Annual Number of Week of November 12, 2018—Tentative Activities: 500. advice and recommendations to the Average number of Responses per National Science Foundation (NSF), the There are no meetings scheduled for Activity: 12. National Aeronautics and Space the week of November 12, 2018. Annual Responses: 6,000. Administration (NASA) and the U.S. Week of November 19, 2018—Tentative Frequency of Responses: Monthly. Department of Energy (DOE) on issues Average Minutes per Response: 540. within the field of astronomy and There are no meetings scheduled for Burden Hours: 54,000. astrophysics that are of mutual interest the week of November 19, 2018. and concern to the agencies. CONTACT PERSON FOR MORE INFORMATION: IV. Request for Comments Agenda: The AAAC will receive a For more information or to verify the Comments are invited on: (1) Whether preliminary report from a committee set status of meetings, contact Denise the proposed collection of information up to consider the roles of the Gemini McGovern at 301–415–0681 or via email is necessary for the proper performance Observatory, the Southern at [email protected]. The of the functions of NASA, including Astrophysical Research Telescope schedule for Commission meetings is whether the information collection has (SOAR), the Blanco Telescope, and subject to change on short notice.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51712 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

The NRC Commission Meeting detailed technical information for a SUPPLEMENTARY INFORMATION: Schedule can be found on the internet combined license (COL) that was highly I. Discussion at: http://www.nrc.gov/public-involve/ redundant with information in NUREG– public-meetings/schedule.html. 0800, ‘‘Standard Review Plan for the The NRC is issuing a revision to an The NRC provides reasonable Review of Safety Analysis Reports for existing guide in the NRC’s ‘‘Regulatory accommodation to individuals with Nuclear Power Plants: LWR Edition’’ Guide’’ series. This series was disabilities where appropriate. If you (SRP). The NRC is additionally developed to describe and make need a reasonable accommodation to withdrawing four interim staff guidance available to the public information participate in these public meetings, or documents due to the incorporation of regarding methods that are acceptable to need this meeting notice or the their guidance into RG 1.206, the NRC staff for implementing specific transcript or other information from the Revision 1. parts of the agency’s regulations, techniques that the NRC staff uses in public meetings in another format (e.g., DATES: Revision 1 to RG 1.206 is braille, large print), please notify available on October 12, 2018. evaluating specific issues or postulated events, and data that the NRC staff Kimberly Meyer-Chambers, NRC ADDRESSES: Please refer to Docket ID needs in its review of applications for Disability Program Manager, at 301– NRC–2017–0145 when contacting the 287–0739, by videophone at 240–428– permits and licenses. Revision 1 of RG NRC about the availability of 1.206 was issued with a temporary 3217, or by email at Kimberly.Meyer- information regarding this document. [email protected]. Determinations on identification of Draft Regulatory Guide You may obtain publicly-available (DG)–1325. requests for reasonable accommodation information related to this document will be made on a case-by-case basis. RG 1.206, Revision 1, entitled using any of the following methods: ‘‘Applications for Nuclear Power Members of the public may request to • Federal Rulemaking website: Go to receive this information electronically. Plants,’’ provides revised guidance for http://www.regulations.gov and search prospective applicants regarding the If you would like to be added to the for Docket ID NRC–2017–0145. Address distribution, please contact the Nuclear format and content of applications for questions about NRC dockets to Jennifer new nuclear power plants under the Regulatory Commission, Office of the Borges; telephone: 301–287–9127; Secretary, Washington, DC 20555 (301– provisions in part 52 of title 10 of the email: [email protected]. For Code of Federal Regulations (10 CFR), 415–1969), or you may email technical questions, contact the ‘‘Licenses, Certifications, and Approvals [email protected] or individual listed in the FOR FURTHER for Nuclear Power Plants.’’ [email protected]. INFORMATION CONTACT section of this RG 1.206, Revision 1, reflects changes Dated at Rockville, Maryland, this 10th day document. based on lessons learned regarding the of October 2018. • NRC’s Agencywide Documents review of nuclear power plant DC, ESP, For the Nuclear Regulatory Commission. Access and Management System and COL applications under 10 CFR Denise L. McGovern, (ADAMS): You may obtain publicly- part 52, since the initial issuance of RG Policy Coordinator, Office of the Secretary. available documents online in the 1.206 in 2007. The scope of the revision ADAMS Public Documents collection at [FR Doc. 2018–22406 Filed 10–10–18; 4:15 pm] has been expanded beyond COL http://www.nrc.gov/reading-rm/ BILLING CODE 7590–01–P applications to more explicitly address adams.html. To begin the search, select the current application process related ‘‘ADAMS Public Documents’’ and then to applications for DCs, ESPs, and NUCLEAR REGULATORY select ‘‘Begin Web-based ADAMS limited work authorizations and the title COMMISSION Search.’’ For problems with ADAMS, has been changed accordingly. It please contact the NRC’s Public provides more integrated guidance [NRC–2017–0145] Document Room (PDR) reference staff at regarding the overall format and content 1–800–397–4209, 301–415–4737, or by Regulatory Guide 1.206—Applications for COL, DC, and ESP applications and email to [email protected]. The for Nuclear Power Plants additionally reflects the NRC staff’s ADAMS Accession No. for each position that, although the guidance AGENCY: Nuclear Regulatory document referenced (if it is available in therein is intended for applicability to Commission. ADAMS) is provided the first time that power reactors with light-water reactor it is mentioned in this document. (LWR) technology, it will be generally ACTION: Regulatory guide; issuance and • withdrawal of interim staff guidance. NRC’s PDR: You may examine and applicable to other types of power purchase copies of public documents at reactors (e.g., non-LWRs). SUMMARY: The U.S. Nuclear Regulatory the NRC’s PDR, Room O1–F21, One RG 1.206, Revision 1, also satisfies the Commission (NRC) is issuing Revision 1 White Flint North, 11555 Rockville two remaining action items from the to Regulatory Guide (RG), ‘‘Applications Pike, Rockville, Maryland 20852. NRC’s April 2013, Lessons Learned for Nuclear Power Plants.’’ This update Revision 1 to RG 1.206 and the Report (ADAMS Accession No. of RG 1.206, ‘‘Combined License regulatory analysis may be found in ML13059A240) by (1) revising RG 1.206 Applications for Nuclear Power Plants ADAMS under Accession Nos. to reflect lessons learned and (2) (LWR Edition),’’ dated June 2007, ML18131A181 and ML17013A624, incorporating DC/COL ISG11, provides updated guidance for respectively. ‘‘Finalizing Licensing Basis prospective applicants regarding the Regulatory guides are not Information,’’ (ADAMS Accession No. format and content of applications for copyrighted, and NRC approval is not ML092890623) in the revised RG 1.206. new nuclear power plants. The revision required to reproduce them. This revision also reflects the removal of reflects the lessons learned regarding FOR FURTHER INFORMATION CONTACT: detailed technical information on COL the review of nuclear power plant Barbara Hayes, Office of New Reactors, Safety Analysis Report content relative applications since 2007. Two significant 301–415–7442, email: Barbara.Hayes@ to the 2007 version of RG 1.206 that was changes include: (1) The addition of nrc.gov, who is a member of the staff of highly redundant with information that new guidance to applicants for standard the U.S. Nuclear Regulatory is provided and maintained in the SRP. design certifications (DCs) and early site Commission, Washington, DC 20555– Under 10 CFR 52.17(a)(1)(xii), 10 CFR permits (ESPs), and (2) the removal of 0001. 52.47(a)(9), and 10 CFR 52.79(a)(41),

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51713

applicants for ESP, DC and COL are part 50 construction permits and apply to every NRC action that respectively required to document an operating licenses is not included in the substantially changes the expectations evaluation against applicable sections of current revision of RG 1.206 and RG of current and future applicants. The the SRP and describe differences in 1.70 has not been withdrawn. exceptions to the general principle are specific information provided in the The technical application guidance applicable whenever an applicant SRP including measures given in the for a safety analysis report that was references a 10 CFR part 52 license (e.g., SRP acceptance criteria. This previously included in RG 1.206, an early site permit), an NRC regulatory requirement effectively provides Revision 0, is being updated to reflect approval (e.g., a design certification applicants more current and lessons learned and will be developed rule), or both, with specified issue comprehensive information related to into interim staff guidance (ISG), a finality provisions. The staff does not, at detailed COL safety analysis report NUREG, or other knowledge this time, intend to impose the positions technical content and methods or management document. The document represented in RG 1.206, Revision 1, in approaches that the staff previously has is expected to be useful to both a manner that is inconsistent with any found acceptable for meeting NRC applicants and to staff working on issue finality provisions. If, in the requirements than what is available in future updates to the SRP, however, future, the staff seeks to impose a RG 1.206, Rev. 0. direct incorporation of applicant position in RG 1.206, Revision 1, in a The guidance in RG 1.206, Revision 1, guidance in the SRP is not expected. manner that does not provide issue is divided into two parts: Section C.1 finality as described in the applicable II. Additional Information provides guidance for the organization, issue finality provision, then the staff content, and format of an application The NRC published a notice of the must address the criteria for avoiding under 10 CFR part 52; and Section C.2 availability of DG–1325 in the Federal issue finality as described in the contains information and guidance on a Register on June 20, 2017, Volume 82, applicable issue finality provision. number of application regulatory topics page 28101, for a 90-day public Dated at Rockville, Maryland, this 9th day related to the preparation, submittal, comment period. The public comment of October 2018. acceptance, and review of applications. period closed on September 18, 2017. For the Nuclear Regulatory Commission. The application regulatory topics Public comments on DG–1325 and the Jennivine K. Rankin, include updated guidance that will staff responses to the public comments Acting Chief, Licensing Branch 3, Division allow the withdrawal of interim staff are available in ADAMS under of Licensing, Siting, and Environmental guidance. The NRC staff withdraws the Accession No. ML18129A197. Analysis, Office of New Reactors. following four documents: • DC/COL–ISG–011, ‘‘Interim Staff III. Congressional Review Act [FR Doc. 2018–22262 Filed 10–11–18; 8:45 am] Guidance Finalizing Licensing Basis This RG is a rule as defined in the BILLING CODE 7590–01–P Information’’ (ADAMS Accession No. Congressional Review Act (5 U.S.C. ML092890623), 801–808). However, the Office of • ESP/DC/COL–ISG–015, ‘‘Interim Management and Budget has not found PENSION BENEFIT GUARANTY Staff Guidance on Post Combined it to be a major rule as defined in the CORPORATION License Commitments’’ (ADAMS Congressional Review Act. Submission of Information Collections Accession No. ML091671355), • COL/ESP–ISG–04, ‘‘Interim Staff IV. Backfitting and Issue Finality for OMB Review; Comment Request; Guidance on the Definition of RG 1.206, Revision 1, provides Reportable Events; Notice of Failure Construction and on Limited Work guidance for applicants regarding the To Make Required Contributions Authorizations’’ (ADAMS Accession format and content of applications for AGENCY: Pension Benefit Guaranty No. ML082970729), and new ESPs, DCs, and COLs under 10 CFR Corporation. • DC/COL ISG–08, ‘‘Final Interim part 52. Issuance of RG 1.206, Revision ACTION: Notice of request for extension Staff Guidance Necessary Content of 1, does not constitute backfitting under of OMB approval. Plant-Specific Technical Specifications 10 CFR part 50 and is not otherwise When a Combined License is Issued’’ inconsistent with the issue finality SUMMARY: The Pension Benefit Guaranty (ADAMS Accession No. ML083310259). provisions in 10 CFR part 52. As Corporation (PBGC) is requesting that In September 2014, as part of its discussed in the ‘‘Implementation’’ the Office of Management and Budget periodic review of related guidance in section of this RG, the NRC has no (OMB) extend approval, under the RG 1.70, Revision 3 (ADAMS Accession current intention to impose the RG on Paperwork Reduction Act, of collections No. ML14272A331), ‘‘Standard Format current holders of ESPs or COLs or a DC of information under PBGC’s regulation and Content of Safety Analysis Reports applicant under 10 CFR part 52. on Reportable Events and Certain Other for Nuclear Power Plants (LWR),’’ the RG 1.206, Revision 1, can be applied Notification Requirements with staff recommended the withdrawal of to applications for 10 CFR part 52 ESPs, modifications. This notice informs the RG 1.70 once information relevant to the COLs, and DCs. Such action does not public of PBGC’s request and solicits licensing of nuclear power plants under constitute backfitting as defined in 10 public comment on the collection. 10 CFR part 50 is included in an update CFR 50.109 (the Backfit Rule) and is not DATES: Comments must be submitted by to RG 1.206. RG 1.70 is used by the otherwise inconsistent with the November 13, 2018. operating fleet. As such, the NRC staff applicable issue finality provision in 10 ADDRESSES: Comments should be sent to will not withdraw RG 1.70 but if CFR part 52, inasmuch as such the Office of Information and Regulatory information relevant to the licensing of applicants are not, with certain Affairs, Office of Management and nuclear power plants under 10 CFR part exceptions, protected by either the Budget, Attention: Desk Officer for 50 is included in a future update to RG Backfit Rule or any issue finality Pension Benefit Guaranty Corporation, 1.70 or another guidance document, the provisions under 10 CFR part 52. This via electronic mail at OIRA_ staff may set a date beyond which RG is because neither the Backfit Rule nor [email protected] or by fax to 1.70 should no longer be referenced or the issue finality provisions under 10 (202) 395–6974. used as guidance for licensing actions. CFR part 52, with certain exclusions A copy of the request will be posted The additional scope related to 10 CFR discussed below, were intended to on PBGC’s website at https://

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51714 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

www.pbgc.gov/prac/laws-and- company financial statements, and the PBGC Form 200, Notice of Failure to regulations/information-collections- plan’s actuarial valuation report. Make Required Contributions, and under-omb-review. It may also be Currently there are five reportable related instructions implement the obtained without charge by writing to events where some or all of that statutory notification requirement. the Disclosure Division of the Office of information isn’t required. All three Submission of Form 200 is required by the General Counsel, 1200 K Street NW, types of information would be added to 29 CFR 4043.81 (Subpart D of PBGC’s Washington, DC 20005–4026, faxing a two of these events (‘‘Active Participant regulation on Reportable Events and request to 202–326–4042, or calling Reduction’’ and ‘‘Distribution to a Other Notification Requirements, 29 202–326–4040 during normal business Substantial Owner’’). One type of CFR part 4043). hours (TTY users may call the Federal information would be added to two OMB has approved this collection of relay service toll-free at 1–800–877– events (‘‘Transfer of Benefit Liabilities’’ information under OMB control number 8339 and ask to be connected to 202– and ‘‘Change in Contributing Sponsor or 1212–0041, which expires November 326–4040). The Disclosure Division will Controlled Group’’), and two types to 30, 2018. PBGC is requesting that OMB email, fax, or mail the information to one event (‘‘Extraordinary Dividend or extend its approval for another three you, as you request. Stock Redemption’’). These reporting years, with minor modifications. An FOR FURTHER INFORMATION CONTACT: requirements give PBGC notice of events agency may not conduct or sponsor, and Stephanie Cibinic, Deputy Assistant that may indicate plan or employer a person is not required to respond to, General Counsel for Regulatory Affairs financial problems. The additional a collection of information unless it ([email protected]; 202–326– information is needed to help PBGC displays a currently valid OMB control 4400, extension 6352), Office of the determine a sponsor’s ability to number. General Counsel, Pension Benefit continue to maintain a pension plan. PBGC estimates that it will receive Guaranty Corporation, 1200 K Street PBGC estimates that requiring this 100 Form 200 filings per year and that NW, Washington, DC 20005–4026. TTY information will add 30 minutes to the average annual burden of this users may call the Federal relay service approximately 30 percent of the 568 collection of information is 100 hours toll-free at 1–800–877–8339 and ask to reportable events notices it expects to and $72,500. be connected to 202–326–4400, receive in a year under subpart B of the Issued in Washington, DC. extension 6352. reportable events regulation using Form Stephanie Cibinic, SUPPLEMENTARY INFORMATION: Section 10 (out of approximately 590 that Deputy Assistant General Counsel for 4043 of the Employee Retirement includes notices under subpart C using Regulatory Affairs, Pension Benefit Guaranty Income Security Act of 1974 (ERISA) the Form 10-Advance). PBGC further Corporation. requires plan administrators and plan estimates that the total average annual [FR Doc. 2018–22229 Filed 10–11–18; 8:45 am] burden of this collection of information sponsors to report certain plan and BILLING CODE 7709–02–P employer events to PBGC. The reporting is 1,855 hours and $439,500. requirements give PBGC notice of events Section 303(k) of the Employee that may indicate plan or employer Retirement Income Security Act of 1974 POSTAL REGULATORY COMMISSION financial problems. PBGC uses the (ERISA) and section 430(k) of the information provided in determining Internal Revenue Code of 1986 (Code) [Docket Nos. MC2019–2 and CP2019–2] what, if any, action it needs to take. For impose a lien in favor of an New Postal Product example, PBGC might need to institute underfunded single-employer plan that proceedings to terminate a plan (placing is covered by PBGC’s termination AGENCY: Postal Regulatory Commission. insurance program if (1) any person fails it in trusteeship) under section 4042 of ACTION: Notice. ERISA to ensure the continued payment to make a required payment when due, of benefits to plan participants and their and (2) the unpaid balance of that SUMMARY: The Commission is noticing a beneficiaries or to prevent unreasonable payment (including interest), when recent Postal Service filing for the increases in PBGC’s losses. added to the aggregate unpaid balance Commission’s consideration concerning The provisions of section 4043 of of all preceding payments for which negotiated service agreements. This ERISA have been implemented in payment was not made when due notice informs the public of the filing, PBGC’s regulation on Reportable Events (including interest), exceeds $1 million. invites public comment, and takes other and Certain Other Notification (For this purpose, a plan is underfunded administrative steps. Requirements (29 CFR part 4043). if its funding target attainment DATES: Comments are due: October 16, Subparts B and C of the regulation deal percentage is less than 100 percent.) The 2018. with reportable events. lien is upon all property and rights to ADDRESSES: Submit comments PBGC has issued Forms 10 and 10- property belonging to the person or electronically via the Commission’s Advance and related instructions under persons that are liable for required Filing Online system at http:// subparts B and C (approved under OMB contributions (i.e., a contributing www.prc.gov. Those who cannot submit control number 1212–0013). OMB sponsor and each member of the comments electronically should contact approval of this collection of controlled group of which that the person identified in the FOR FURTHER information expires November 30, 2018. contributing sponsor is a member). INFORMATION CONTACT section by PBGC is requesting that OMB extend its Only PBGC (or, at its direction, the telephone for advice on filing approval for another three years, with plan’s contributing sponsor or a member alternatives. modifications. An agency may not of the same controlled group) may conduct or sponsor, and a person is not perfect and enforce this lien. ERISA and FOR FURTHER INFORMATION CONTACT: required to respond to, a collection of the Code require persons that fail to David A. Trissell, General Counsel, at information unless it displays a make payments to notify PBGC within 202–789–6820. currently valid OMB control number. 10 days of the due date whenever there SUPPLEMENTARY INFORMATION: PBGC is proposing in this renewal is a failure to make a required payment request that all reportable events filings and the total of the unpaid balances Table of Contents include controlled group information, (including interest) exceeds $1 million. I. Introduction

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51715

II. Docketed Proceeding(s) Public Representative: Curtis E. Kidd; the Securities and Exchange I. Introduction Comments Due: October 16, 2018. Commission (‘‘Commission’’) the This Notice will be published in the proposed rule changes described in The Commission gives notice that the Federal Register. Items I and II below, which Items have Postal Service filed request(s) for the been prepared by ICE Clear Europe. On Stacy L. Ruble, Commission to consider matters related October 4, 2018, ICE Clear Europe filed to negotiated service agreement(s). The Secretary. Amendment No. 1 to the proposed rule request(s) may propose the addition or [FR Doc. 2018–22247 Filed 10–11–18; 8:45 am] change.3 The Commission is publishing removal of a negotiated service BILLING CODE 7710–FW–P this notice to solicit comments on the agreement from the market dominant or proposed rule change, as modified by the competitive product list, or the Amendment No. 1, from interested modification of an existing product POSTAL SERVICE persons and to approve the proposed currently appearing on the market rule change, as modified by Amendment dominant or the competitive product Product Change—Priority Mail No. 1, on an accelerated basis. list. Negotiated Service Agreement Section II identifies the docket I. Clearing Agency’s Statement of the AGENCY: Postal ServiceTM. Terms of Substance of the Proposed number(s) associated with each Postal ACTION Rule Change Service request, the title of each Postal : Notice. ICE Clear Europe proposes to amend Service request, the request’s acceptance SUMMARY: The Postal Service gives its Finance Procedures and certain date, and the authority cited by the notice of filing a request with the Postal related policies to expand the hours Postal Service for each request. For each Regulatory Commission to add a covered by its intraday margining request, the Commission appoints an domestic shipping services contract to process and make certain related officer of the Commission to represent the list of Negotiated Service changes to the intraday margining the interests of the general public in the Agreements in the Mail Classification process and process for deposit of cash proceeding, pursuant to 39 U.S.C. 505 Schedule’s Competitive Products List. (Public Representative). Section II also balances. DATES: Date of required notice: October establishes comment deadline(s) 12, 2018. II. Clearing Agency’s Statement of the pertaining to each request. FOR FURTHER INFORMATION CONTACT: Purpose of, and Statutory Basis for, the The public portions of the Postal Proposed Rule Change Service’s request(s) can be accessed via Elizabeth Reed, 202–268–3179. the Commission’s website (http:// SUPPLEMENTARY INFORMATION: The In its filing with the Commission, ICE ® www.prc.gov). Non-public portions of United States Postal Service hereby Clear Europe included statements concerning the purpose of and basis for the Postal Service’s request(s), if any, gives notice that, pursuant to 39 U.S.C. the proposed rule change and discussed can be accessed through compliance 3642 and 3632(b)(3), on October 5, 2018, any comments it received on the with the requirements of 39 CFR it filed with the Postal Regulatory proposed rule change. The text of these 3007.301.1 Commission a USPS Request to Add statements may be examined at the The Commission invites comments on Priority Mail Contract 467 to places specified in Item III below. ICE whether the Postal Service’s request(s) Competitive Product List. Documents Clear Europe has prepared summaries, in the captioned docket(s) are consistent are available at www.prc.gov, Docket set forth in sections (A), (B), and (C) with the policies of title 39. For Nos. MC2019–2, CP2019–2. below, of the most significant aspects of request(s) that the Postal Service states Elizabeth Reed, such statements. concern market dominant product(s), Attorney, Corporate and Postal Business Law. applicable statutory and regulatory (A) Clearing Agency’s Statement of the requirements include 39 U.S.C. 3622, 39 [FR Doc. 2018–22211 Filed 10–11–18; 8:45 am] Purpose of, and Statutory Basis for, the U.S.C. 3642, 39 CFR part 3010, and 39 BILLING CODE 7710–12–P Proposed Rule Change CFR part 3020, subpart B. For request(s) (a) Purpose that the Postal Service states concern competitive product(s), applicable SECURITIES AND EXCHANGE ICE Clear Europe is proposing to statutory and regulatory requirements COMMISSION amend its intraday risk management processes for certain F&O client and include 39 U.S.C. 3632, 39 U.S.C. 3633, [Release No. 34–84375; File No. SR–ICEEU– 39 U.S.C. 3642, 39 CFR part 3015, and 2018–012) house accounts to extend the intraday 39 CFR part 3020, subpart B. Comment margining hours (which currently run deadline(s) for each request appear in Self-Regulatory Organizations; ICE from 9:00 a.m.–6:00 p.m.) to 7:30 a.m.– section II. Clear Europe Limited; Notice of Filing 8:00 p.m. (with a payment deadline of and Order Granting Accelerated 9:00 p.m.), London time, to cover the II. Docketed Proceeding(s) Approval of Proposed Rule Change, as active portions of the trading day in 1. Docket No(s).: MC2019–2 and Modified by Amendment No. 1, relevant F&O contracts.4 CP2019–2; Filing Title: USPS Request to Relating to Intraday Margining ICE Clear Europe is adopting these Add Priority Mail Contract 467 to amendments to facilitate compliance Competitive Product List and Notice of October 5, 2018. with margin requirements under Filing Materials Under Seal; Filing Pursuant to Section 19(b)(1) of the European Union regulations and related Acceptance Date: October 5, 2018; Securities Exchange Act of 1934 implementing legislation and technical 1 2 Filing Authority: 39 U.S.C. 3642, 39 CFR (‘‘Act’’), and Rule 19b–4 thereunder, 3 3020.30 et seq., and 39 CFR 3015.5; notice is hereby given that on Amendment No. 1 added an additional September 24, 2018, ICE Clear Europe confidential exhibit to the filing. Limited (‘‘ICE Clear Europe’’) filed with 4 Capitalized terms used herein but not otherwise 1 See Docket No. RM2018–3, Order Adopting defined have the meaning set forth in the ICE Clear Final Rules Relating to Non-Public Information, Europe Clearing Rules, which are available at June 27, 2018, Attachment A at 19–22 (Order No. 1 15 U.S.C. 78s(b)(1). https://www.theice.com/publicdocs/clear_europe/ 4679). 2 17 CFR 240.19b–4. rulebooks/rules/Clearing_Rules.pdf.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51716 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

standards applicable to it as an amendments also clarify that all limit has been removed and replaced authorized central counterparty under intraday margin calls within these hours with the Unsecured Credit Limits the European Market Infrastructure must be met within 60 minutes of Procedures, as discussed below. The 5% Regulation (EMIR).5 notification by the Clearing House. limit on investments in bank obligations These amendments will principally Margin calls made outside of these in a 30-day period has been revised to affect F&O energy contracts cleared by hours must be met by the later of (x) refer to an average level over a calendar ICE Clear Europe. Specifically, the within 60 minutes after notification, if month, consistent with the EMIR extended margining hours and updated any settlement system used by the limitations. materiality threshold changes will apply Clearing House for the relevant currency Certain clarifications (unrelated to the to all gross margined client accounts is open at the time, or (y) within 60 extended margin hours) are being made (i.e., those client accounts margined on minutes after the time at which such to the limits on investments in a ‘‘gross’’ basis using a minimum one settlement system becomes open for sovereign obligations and central bank business day margin period of risk business following the notification of deposits. For sovereign obligations, for (‘‘MPOR’’)) 6 and F&O house accounts. the margin call by the Clearing House. EUR denominated investments, no more ICE Clear Europe is also amending Corresponding changes are also made than 15% of the total EUR balance of the certain policies relating to the deposit of to the table following Part 5 of the investment portfolio must be invested in uninvested cash margin with banks in Finance Procedures. A row has been sovereign obligations of a single issuer; light of potential increases in cash inserted stating the timing for intraday and no more than 20% of the total balances arising from the above changes margin instructions, as discussed above. balance of the investment portfolio per in intraday margining, consistent with Corresponding changes are also being currency may be invested in a single requirements under EMIR. (These made to the existing rows relating to issue of a sovereign issuer. Pursuant to amendments to the investment policies routine end-of-day instructions, routine the proposed amendments, there is no may apply to all product categories.) end-of-day instructions for financials & limitation on maturity for central bank softs contracts that settle in JPY only obligations and central bank deposits. Finance Procedures and the revised 21:00 London time cut- The amended policy lists the Dutch As part of these changes, ICE Clear off time for intraday instructions in the National Bank, Bank of England and Europe is proposing to amend Parts 5 event of a contingency. Federal Reserve as acceptable central banks for this purpose. and 6 of the Finance Procedures to Cash Investment Policies address intraday margining procedures The proposed amendments also and certain other matters. Paragraph 5.5 Because of the possibility that it will update the policy review section to is amended to clarify the circumstances hold additional cash balances as a result remove certain details, clarify the in which the Clearing House would of the extended margining hours procedures for escalation of defined risk invoke a contingency method for discussed above (since it may be management thresholds triggers and transfer of margin, which would occur difficult to invest such balances if provide that the policy will be reviewed if an Approved Financial Institution or received later in the day), ICE Clear in accordance with internal governance the Clearing House itself experiences a Europe is proposing to amend the processes and regulatory requirements. failure in its ability to send or receive Investment Management Policy and ICE Clear Europe does not anticipate SWIFT messages. Paragraph 6.1(i) is adopt a new set of Unsecured Credit that these amendments will amended to provide that intraday Limits Procedures. Certain other substantively change its process for margin calls for F&O Contracts can be updates and clarifications are being policy review at this time, but the made between 7:30 and 20:00 London made to the Investment Management amendments will facilitate time. (The existing period for intraday Policy as well. consolidation and harmonization of margin calls for other (i.e., CDS) In general, the changes to the internal governance processes across Contracts remains unchanged at from Investment Management Policy will various Clearing House policies. 9:00 to 19:00 London time.) Where a permit the Clearing House to hold ICE Clear Europe is further proposing contingency method applies under additional uninvested balances, by various clarifications and updates paragraph 5.5, intraday margin calls can eliminating the current fixed dollar throughout the Investment Management be made up to 21:00 London time. The limits and replacing them with the new Policy including to the description of Unsecured Credit Limits Procedures, the board risk policy and related 5 The amendments principally address which provide more flexible allocation management thresholds and the requirements under Commission Delegated guidelines based on the capital of the objectives of the counterparty rating Regulation (EU) No 153/2013 of 19 December 2012 deposit bank and other factors. The system. References to the Clearing Risk supplementing Regulation (EU) No 648/2012 of the amendments remain consistent with the and Finance departments have been European Parliament and of the Council with regard updated throughout the document. to regulatory technical standards on requirements requirements under EMIR that the for central counterparties, as amended by Clearing House maintain at least 95% of The Clearing House is adopting the Commission Delegated Regulation (EU) 2016/822 of its cash in qualifying investments on new Unsecured Credit Limits 21 April 2016 as regards the time horizons for the average during each calendar month, Procedures, which establish a limit liquidation period to be considered for the different methodology for determining the classes of financial instruments (as so amended, such that deposits in banks will be ‘‘RTS 153/2013’’). Specifically, Article 26(1)(c) of limited to the remaining 5% on amount of cash that may be placed in RTS 153/2013 requires ICE Clear Europe, among average.7 an unsecured deposit with a particular other matters, to be in a position to issue and collect The Investment Management Policy bank. The procedures establish basic margin calls on at least an hourly basis during the has also been revised to distinguish requirements for any deposit bank as to active trading day for futures products that are gross-margined using a one business day margin more clearly between central bank regulation and credit rating (with the period of risk. deposits and commercial bank deposits, possibility of an exception where 6 Contracts using a one-day MPOR are generally both of which are authorized for deposit determined appropriate by the executive F&O energy contracts. Other F&O Contracts using of cash. For commercial bank deposits, risk committee). For each qualifying a 2 (or more) business day MPOR, and CDS Contracts (using a 5 business day MPOR) are not the $50 million per counterparty bank institution, a limit will be established at subject to the hourly intraday margin requirement 3% of the entity’s capital minus other under Article 26(1)(c) of RTS 153/2013. 7 Article 45, RTS 153/2013. exposures vis-a-vis ICE Clear Europe or

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51717

if the entity relies on a parent guaranty, will enhance the safeguarding of funds ICE Clear Europe’s amendments to the 80% of the amount guaranteed in the custody of the Clearing House or Investment Management Policy and thereunder. (The 3% limit is based on over which it has control. ICE Clear adoption of the Unsecured Credit Limit the Clearing House’s credit judgment as Europe also notes that the amendments Procedures to tailor deposit limits to the to the appropriate level of unsecured are intended to facilitate compliance particular characteristics of deposit risk to take from a bank counterparty.) with certain specific requirements banks is consistent with Rule 17Ad– The limit is subject to a minimum level under EMIR, and thereby are consistent 22(e)(9) 16, as it will mitigate the credit of USD 50 million (or a lesser level with the public interest as it applies to and liquidity risk arising from determined by the Clearing House) and the operation of the Clearing House as conducting its money settlements in a maximum level of USD 200 million. an authorized central counterparty commercial bank money. ‘‘Other exposures’’ for this purpose under European Union regulations. Further, the amendments are (B) Clearing Agency’s Statement on include uncollateralized stress losses or Burden on Competition exposures arising from other financial consistent with requirements of Rule services provided by ICE Clear Europe 17Ad–22 12 regarding margin and credit ICE Clear Europe does not believe the to the institution.8 The methodology risk management. Rule 17Ad–22(b)(1) proposed amendments would have any also provides for ongoing monitoring of and (2) 13 in particular require that ICE impact, or impose any burden, on deposit banks for purposes of updating Clear Europe measure its credit competition not necessary or limits as necessary, and addresses exposure at least once per day and use appropriate in furtherance of the governance and exception handling. margin requirements to limit its purposes of the Act. The amendments exposures to participants under normal are being adopted to facilitate (b) Statutory Basis market conditions. Consistent with compliance with European Union ICE Clear Europe believes that the these requirements, the proposed requirements applicable to intraday proposed amendments are consistent amendments require the Clearing House margin requirements and to extend the with the requirements of Section 17A of to measure its intraday credit exposures hours covered by its intraday risk the Act 9 and the regulations thereunder during additional hours and to collect management process. The amendments applicable to it, including the standards margin if appropriate, reducing its will affect all F&O Clearing Members under Rule 17Ad–22.10 In particular, credit risk to Clearing Members. The that trade contracts in the relevant Section 17A(b)(3)(F) of the Act 11 proposed amendments are also categories. Although the amendments requires, among other things, that the consistent with Rule 17Ad–22(e)(4)(i) 14, could impose certain additional costs on rules of a clearing agency be designed to as the additional ability to conduct Clearing Members, as a result of promote the prompt and accurate intraday margining will help the additional intraday margin calls, which clearance and settlement of securities Clearing House maintain sufficient may have financing and liquidity transactions and, to the extent financial resources to cover its credit implications for F&O Clearing Members, applicable, derivative agreements, exposures to Clearing Members. The these result from the requirements contracts, and transactions, the enhancements to the margin system are imposed by EU regulations, and in any safeguarding of securities and funds in further consistent with the requirements case reflect the risks presented by the the custody or control of the clearing to maintain margin levels to cover trading activities of the F&O Clearing agency or for which it is responsible, potential losses from participants Members. Furthermore, any such and the protection of investors and the pursuant to Rule 17Ad–22(e)(6)(i)– increased margin requirements will public interest. The amendments will (iii).15 result in risk management benefits for facilitate the management of intraday the Clearing House, through improved risk faced by the Clearing House for 12 17 CFR 240.17Ad–22. ability to address risks throughout the certain F&O Contracts, by extending the 13 17 CFR 240.17Ad–22(b)(1) and (2). The rule trading day, consistent with the goals of states that: [a] Registered clearing agency that the relevant EU regulations and also in daily hours in which the Clearing House performs central counterparty services shall may call for intraday margin. These establish, implement, maintain and enforce written policies and procedures reasonably designed to: policies and procedures reasonably designed to, as changes will in turn promote the applicable: (6) Cover, if the covered clearing agency prompt and accurate clearance and (1) Measure its credit exposures to its participants at least once a day and limit its exposures to provides central counterparty services, its credit settlement of transactions through the potential losses from defaults by its participants exposures to its participants by establishing a risk- Clearing House. The changes will also under normal market conditions so that the based margin system that, at a minimum: (i) operations of the clearing agency would not be Considers, and produces margin levels enhance the Clearing House’s commensurate with, the risks and particular disrupted and non-defaulting participants would procedures for investment of cash attributes of each relevant product, portfolio, and not be exposed to losses that they cannot anticipate market; (ii) Marks participant positions to market received by it, in recognition that it may or control. and collects margin, including variation margin or receive higher cash balances as a result (2) Use margin requirements to limit its credit equivalent charges if relevant, at least daily and of additional intraday calls for exposures to participants under normal market includes the authority and operational capacity to margining. The enhanced procedures conditions and use risk-based models and make intraday margin calls in defined parameters to set margin requirements and review provide new guidelines for allocating circumstances; (iii) Calculates margin sufficient to such margin requirements and the related risk- cover its potential future exposure to participants deposits across different banks based on based models and parameters at least monthly.’’ in the interval between the last margin collection their capitalization and other factors. In 14 17 CFR 240.17Ad–22(e)(4)(i). The rule states and the close out of positions following a ICE Clear Europe’s view, these changes that: ‘‘[e]ach covered clearing agency shall participant default;’’ establish, implement, maintain and enforce written 16 17 CFR 240.17Ad–22(e)(9). The rule states that: policies and procedures reasonably designed to, as ‘‘[e]ach covered clearing agency shall establish, 8 ICE Clear Europe contemplates a specific applicable: (4) Effectively identify, measure, implement, maintain and enforce written policies exception for Euroclear Bank SA/NV, in light of the monitor, and manage its credit exposures to and procedures reasonably designed to, as particular function of that entity as a central participants and those arising from its payment, applicable: (9) Conduct its money settlements in securities depository and the accompanying clearing, and settlement processes, including by: (i) central bank money, where available and limitations on its business that would allow a limit Maintaining sufficient financial resources to cover determined to be practical by the board of directors of USD 200 million notwithstanding that 3% of its its credit exposure to each participant fully with a of the covered clearing agency, and minimize and capital would be a lower figure. high degree of confidence;’’ manage credit and liquidity risk arising from 9 15 U.S.C. 78q–1. 15 17 CFR 240.17Ad–22(e)(6)(i)–(iii). The rule conducting its money settlements in commercial 10 17 CFR 240.17Ad–22. states that: ‘‘[e]ach covered clearing agency shall bank money if central bank money is not used by 11 15 U.S.C. 78q–1(b)(3)(F). establish, implement, maintain and enforce written the covered clearing agency.’’

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51718 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

furtherance of the risk management with the provisions of 5 U.S.C. 552, will the trading day for such F&O contracts requirements of the Act. In light of these be available for website viewing and (i.e., from 7:30 and 20:00 London time) considerations, ICE Clear Europe does printing in the Commission’s Public and to require clearing participants to not believe the amendments will Reference Room, 100 F Street NE, satisfy margin calls during these hours adversely affect competition among Washington, DC 20549, on official within 60 minutes of notification by ICE clearing members, the market for business days between the hours of Clear Europe.20 The Commission clearing services generally or access to 10:00 a.m. and 3:00 p.m. Copies of such believes that this aspect of the proposed clearing in cleared products by clearing filings will also be available for rule change should expand ICE Clear members or other market participants. inspection and copying at the principal Europe’s ability to call additional ICE Clear Europe believes that any office of ICE Clear Europe and on ICE intraday margin, as necessary, by impact on competition is appropriate in Clear Europe’s website at https:// extending the window during which furtherance of the purposes of the Act. www.theice.com/clear-europe/ ICE Clear Europe may call such margin. regulation. All comments received will In addition, as discussed above, the (C) Clearing Agency’s Statement on proposed rule change would provide Comments on the Proposed Rule be posted without change. Persons submitting comments are cautioned that that, for margin calls outside of these Change Received From Members, hours, clearing participants would be Participants or Others we do not redact or edit personal identifying information from comment required to meet margin calls by the Written comments relating to the submissions. You should submit only later of (x) within 60 minutes after proposed amendments have not been information that you wish to make notification, if any settlement system solicited or received by ICE Clear available publicly. All submissions used by ICE Clear Europe for the Europe. ICE Clear Europe will notify the should refer to File Number SR–ICEEU– relevant currency is open at the time, or Commission of any comments received 2018–012 and should be submitted on (y) within 60 minutes after the time at with respect to the proposed rule or before November 2, 2018. which such settlement system becomes change. open for business following the IV. Commission’s Findings and Order notification of the margin call. The III. Solicitation of Comments Granting Accelerated Approval of the Commission believes that these Interested persons are invited to Proposed Rule Change, as Modified by provisions should help ensure that ICE submit written data, views, and Amendment No. 1 Clear Europe collects intraday margin arguments concerning the foregoing, Section 19(b)(2)(C) of the Act directs on a timely basis by setting standard including whether the proposed rule the Commission to approve a proposed specified time periods in which clearing change, as modified by Amendment No. rule change of a self-regulatory participants must meet margin calls. 1, is consistent with the Act. Comments organization if it finds that such Thus, the Commission believes that may be submitted by any of the proposed rule change is consistent with these aspects of the proposed rule following methods: the requirements of the Act and the change should enable ICE Clear Europe Electronic Comments rules and regulations thereunder to collect additional intraday margin as applicable to such organization. 17 For necessary to cover the risks related to • Use the Commission’s internet the reasons given below, the the relevant F&O contracts. comment form (http://www.sec.gov/ Commission finds that the proposal is The Commission believes that the rules/sro.shtml); or consistent with Section 17A(b)(3)(F) of ability of ICE Clear Europe to collect • Send an email to rule-comments@ the Act 18 and Rules 17Ad–22(e)(6)(ii) intraday margin and have such margin sec.gov. Please include File Number SR– and 17Ad–22(e)(16) thereunder.19 available to support ICE Clear Europe’s ICEEU–2018–012 on the subject line. ability to manage financial risk exposure Paper Comments (A) Consistency With Section that may arise in the course of its 17A(b)(3)(F) of the Act • ongoing clearance and settlement Send paper comments in triplicate activities should, in turn, help promote to Secretary, Securities and Exchange Section 17A(b)(3)(F) of the Act requires, among other things, that the the prompt and accurate clearance and Commission, 100 F Street NE, settlement of securities transactions, Washington, DC 20549. rules of ICE Clear Europe be designed to promote the prompt and accurate derivative agreements, contracts, and All submissions should refer to File clearance and settlement of securities transactions. Similarly, the proposed Number SR–ICEEU–2018–012. This file transactions and, to the extent rule change should enhance ICE Clear number should be included on the applicable, derivative agreements, Europe’s ability to help assure the subject line if email is used. To help the contracts, and transactions, as well as to safeguarding of securities and funds Commission process and review your assure the safeguarding of securities and which are in the custody or control of comments more efficiently, please use funds which are in the custody or ICE Clear Europe or for which it is only one method. The Commission will control of ICE Clear Europe or for which responsible because intraday margin post all comments on the Commission’s it is responsible, and, in general, to collections will increase the overall internet website (http://www.sec.gov/ protect investors and the public interest. amount of financial resources ICE Clear rules/sro.shtml). Copies of the Europe maintains to address potential submission, all subsequent (a) Finance Procedures loss exposures that could arise from a amendments, all written statements As discussed above, the proposed rule Clearing Member default or other with respect to the proposed rule change, as modified by Amendment No. stressed market conditions. Finally, for change that are filed with the 1, would amend ICE Clear Europe’s both of these reasons, the Commission Commission, and all written Finance Procedures to extend the period communications relating to the for intraday margin calls for F&O 20 The Commission understands that, pursuant to proposed rule change, security-based Contracts to cover the active portions of EMIR requirements, ICE Clear Europe must be in a swap submission or advance notice position to issue and collect margin calls on at least an hourly basis during the active trading day for between the Commission and any 17 15 U.S.C. 78s(b)(2)(C). futures products that are gross-margined using a person, other than those that may be 18 15 U.S.C. 78q–1(b)(3)(F). one business day margin period of risk. See supra withheld from the public in accordance 19 17 CFR 240.17Ad–22(e)(6)(ii) and (e)(16). note 5.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51719

believes the proposed rule change, as Unsecured Credit Limits Procedures Finance Procedures would allow ICE modified by Amendment No. 1, is should help ICE Clear Europe to ensure Clear Europe to request additional consistent with protecting investors and that its deposits do not present an intraday margin, as necessary, by the public interest. outsize risk to any particular deposit extending the window during which bank. ICE Clear Europe may call such margin. (b) Investment Management Policy Taken together, the Commission Moreover, the Commission believes that The proposed rule change, as believes that these changes to the the amendments to the Finance modified by Amendment No. 1, would Investment Management Policy should Procedures regarding when participants also amend the Investment Management help assure the safeguarding of must satisfy margin calls should help Policy to address potential additional securities and funds in ICE Clear ensure that ICE Clear Europe collects cash balances that could accrue as a Europe’s custody and control, including intraday margin on a timely basis. The result of the additional margin collected any additional cash collected as Commission believes that both of these during the extended margining hours intraday margin resulting from the aspects of the proposed rule change discussed above. Specifically, these changes described above,21 which, in should therefore help ensure that ICE changes include: (i) With respect to turn, helps promote the prompt and Clear Europe’s risk-based margin system sovereign obligations, providing that for accurate clearance and settlement of includes the authority and operational EUR denominated investments, no more securities transactions by ICE Clear capacity to make intraday margin calls. than 15% of the total EUR balance of the Europe. Likewise, the safeguarding of Therefore, for the above reasons the investment portfolio must be invested in securities and funds in ICE Clear Commission finds that these aspects of sovereign obligations of a single issuer, Europe’s control would further the the proposed rule change, as modified and no more than 20% of the total protection of investors and the public by Amendment No. 1, are consistent balance of the investment portfolio per interest by ensuring that ICE Clear with Rule 17Ad–22(e)(6)(ii).24 currency may be invested in a single Europe has appropriate funds available issue of a sovereign issuer; (ii) with to clear and settle transactions. (C) Consistency With Rule 17Ad– respect to central bank deposits, Therefore, the Commission finds that 22(e)(16) removing the limitation on maturity for the proposed rule change, as modified Rule 17Ad–22(e)(16) requires that ICE central bank obligations and central by Amendment No. 1, would promote Clear Europe establish, implement, bank deposits and identifying the Dutch the prompt and accurate clearance and maintain and enforce written policies National Bank, Bank of England, and settlement of securities transactions, and procedures reasonably designed to Federal Reserve as acceptable central assure the safeguarding of securities and safeguard its own and its participants’ banks for that purpose; and (iii) with funds in ICE Clear Europe’s custody and assets, minimize the risk of loss and respect to commercial bank deposits, control, and, in general, protect delay in access to these assets, and removing the $50 million per investors and the public interest, invest such assets in instruments with counterparty bank limit, replacing it consistent with Section 17A(b)(3)(F) of minimal credit, market, and liquidity with the Unsecured Credit Limits the Act.22 risks.25 Procedures, including the regulation As discussed above, the proposed rule (B) Consistency With Rule 17Ad– and credit rating requirements for change would amend ICE Clear Europe’s 22(e)(6)(ii) deposit banks and the revised limits for Investment Management Policy. For the each qualifying institution, and revising Rule 17Ad–22(e)(6)(ii) requires that reasons discussed above in connection the 5% limit on investments in bank ICE Clear Europe establish, implement, with Section 17A(b)(3)(F), the obligations in a 30-day period to refer to maintain and enforce written policies Commission believes that these aspects an average level over a calendar month. and procedures reasonably designed to of the proposed rule change would help With respect to the changes regarding cover its credit exposures to its ensure that ICE Clear Europe safeguards investments in sovereign obligations, participants by establishing a risk-based its own and its participants’ assets— the Commission believes that these margin system that marks participant specifically, ICE Clear Europe’s deposits changes provide reasonable limitations positions to market and collects margin, of cash, which would include cash on ICE Clear Europe’s investment including variation margin or equivalent posted by clearing participants to satisfy portfolio that should help ensure that it charges if relevant, at least daily and their margin and Guaranty Fund is not overly concentrated in securities includes the authority and operational requirements—and minimize the risk of of a single sovereign issuer or in a single capacity to make intraday margin calls loss or delay of such assets. For the issue of a sovereign issuer. With respect in defined circumstances.23 same reasons, the Commission believes to the changes regarding central bank As discussed above, the Commission that the changes to the Investment deposits, the Commission believes that believes that the amendments to the Management Policy would help ensure the proposed rule change should that ICE Clear Europe invests such facilitate ICE Clear Europe’s use of 21 ICE Clear Europe also proposed to amend the assets in instruments with minimal central bank deposits, which should, in Investment Management Policy governance processes, update the description of the board risk credit, market, and liquidity risks. turn, have minimal credit, market, and Therefore, for the above reasons the liquidity risks. With respect to the policy and related risk management thresholds, and update references to the Clearing Risk and Finance Commission finds that these aspects of changes regarding commercial bank departments. The Commission believes these the proposed rule change, as modified deposits, the Commission believes the changes would help ensure that the Investment Management Policy is maintained and that any by Amendment No. 1, are consistent Unsecured Credit Limits Procedures as 26 issues resulting in a breach of a risk management with Rule 17Ad–22(e)(16). they relate to the qualifications and threshold are appropriately addressed. The ongoing monitoring of deposit banks Commission believes that this would help maintain V. Basis for Accelerated Approval should help ICE Clear Europe ensure the efficacy of the Investment Management Policy In its filing, ICE Clear Europe that the banks in which it holds which, as discussed, the Commission believes is necessary to help safeguard ICE Clear Europe’s requested that the Commission grant deposits are creditworthy and subject to investments, including its investment of cash adequate regulatory oversight. The associated with margin requirements. 24 Id. Commission further believes that the 22 15 U.S.C. 78q–1(b)(3)(F). 25 17 CFR 240.17Ad–22(e)(16). revised limitation methodology in the 23 17 CFR 240.17Ad–22(e)(6)(ii). 26 Id.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51720 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

accelerated approval of the proposed For the Commission, by the Division of office of FINRA and at the rule change pursuant to Section Trading and Markets, pursuant to delegated Commission’s Public Reference Room. 37 19(b)(2)(C)(iii) of the Exchange Act.27 authority. Eduardo A. Aleman, II. Self-Regulatory Organization’s Under Section 19(b)(2)(C)(iii) of the Statement of the Purpose of, and 28 Assistant Secretary. Act, the Commission may grant Statutory Basis for, the Proposed Rule accelerated approval of a proposed rule [FR Doc. 2018–22204 Filed 10–11–18; 8:45 am] Change change if the Commission finds good BILLING CODE 8011–01–P In its filing with the Commission, cause for doing so. ICE Clear Europe FINRA included statements concerning believes that accelerated approval is SECURITIES AND EXCHANGE the purpose of and basis for the warranted because the proposed rule COMMISSION proposed rule change and discussed any change, as modified by Amendment No. comments it received on the proposed 1, is required to comply with [Release No. 34–84376; File No. SR–FINRA– rule change. The text of these statements requirements under the European 2018–036] may be examined at the places specified Market Infrastructure Regulation that Self-Regulatory Organizations; in Item IV below. FINRA has prepared ICE Clear Europe have the ability to call Financial Industry Regulatory summaries, set forth in sections A, B, for intraday margin for relevant F&O Authority, Inc.; Notice of Filing and and C below, of the most significant contracts, and ICE Clear Europe is Immediate Effectiveness of a Proposed aspects of such statements. seeking to comply with those Change Relating to Provision of Test 29 A. Self-Regulatory Organization’s requirements as soon as possible. Result Information to Candidates Who Statement of the Purpose of, and The Commission finds good cause, Pass a FINRA Qualification Statutory Basis for, the Proposed Rule pursuant to Section 19(b)(2)(C)(iii) of Examination Change the Act,30 for approving the proposed October 5, 2018. 1. Purpose rule change, as modified by Amendment No. 1, on an accelerated basis, prior to Pursuant to Section 19(b)(1) of the Each FINRA representative- and Securities Exchange Act of 1934 the 30th day after the date of principal-level qualification (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 publication of notice in the Federal examination has a minimum score notice is hereby given that on Register, because the proposed rule threshold that is necessary for passing September 27, 2018, Financial Industry the examination (also referred to as a change is required as soon as possible Regulatory Authority, Inc. (‘‘FINRA’’) ‘‘passing score’’). For instance, the in order to facilitate ICE Clear Europe’s filed with the Securities and Exchange passing score for the current General efforts to comply with the Commission (‘‘SEC’’ or ‘‘Commission’’) Securities Representative (Series 7) 31 aforementioned requirements. the proposed rule change as described examination is 72. FINRA determines Additionally, the Commission notes that in Items I, II, and III below, which Items the passing score for each examination the proposed changes do not impede have been prepared by FINRA. FINRA based on a process known as standard compliance with relevant U.S. law, has designated the proposed rule change setting, which assesses a number of including Section 17A(b)(3)(F) of the as ‘‘constituting a stated policy, factors, including industry trends, Act.32 practice, or interpretation with respect historical examination performance and to the meaning, administration, or evaluations of content difficulty by a VI. Conclusion enforcement of an existing rule’’ under committee of industry professionals On the basis of the foregoing, the Section 19(b)(3)(A)(i) of the Act 3 and who have passed the related Commission finds that the proposal is Rule 19b–4(f)(1) thereunder,4 which examination. The passing score for an consistent with the requirements of the renders the proposal effective upon examination reflects the minimum level Act, and in particular, with the receipt of this filing by the Commission. of knowledge necessary to perform the requirements of Section 17A(b)(3)(F) of The Commission is publishing this functions for which a candidate is registering. the Act 33 and Rules 17Ad–22(e)(6)(ii) notice to solicit comments on the proposed rule change from interested A candidate’s numerical score on an and 17Ad–22(e)(16) thereunder.34 persons. examination is necessary to determine It is therefore ordered pursuant to whether the candidate has satisfied the Section 19(b)(2) of the Act 35 that the I. Self-Regulatory Organization’s minimum score threshold for passing proposed rule change (SR–ICEEU–2018– Statement of the Terms of Substance of the examination. In addition, if a 012), as modified by Amendment No. 1, the Proposed Rule Change candidate fails to meet the minimum be, and hereby is, approved on an FINRA is proposing revisions relating score threshold for passing an accelerated basis.36 to test results information on the examination, the candidate’s numerical content outlines of certain FINRA score is relevant in evaluating the extent representative- and principal-level to which the candidate needs additional 27 15 U.S.C. 78s(b)(2)(C)(iii). qualification examinations. FINRA is study time and training and whether the 28 15 U.S.C. 78s(b)(2)(C)(iii). not proposing any textual changes to the candidate should retake the 5 29 See supra note 5. By-Laws, Schedules to the By-Laws or examination. 30 15 U.S.C. 78s(b)(2)(C)(iii). Rules of FINRA. Currently, candidates who take a 31 See id. The text of the proposed rule change FINRA qualification examination 32 15 U.S.C. 78q–1(b)(3)(F). [sic] is available on FINRA’s website at receive a test results report of their 33 Id. http://www.finra.org, at the principal 34 17 CFR 240.17Ad–22(e)(6)(ii) and (e)(16). 5 A candidate who fails an examination is eligible to retake that examination after 30 calendar days. 35 15 U.S.C. 78s(b)(2). 37 17 CFR 200.30–3(a)(12). However, if a candidate fails an examination three 36 1 In approving the proposed rule change, the 15 U.S.C. 78s(b)(1). or more times in succession within a two-year Commission considered the proposal’s impact on 2 17 CFR 240.19b–4. period, the candidate is prohibited from retaking efficiency, competition, and capital formation. 15 3 15 U.S.C. 78s(b)(3)(A)(i). that examination until 180 calendar days from the U.S.C. 78c(f). 4 17 CFR 240.19b–4(f)(1). date of the candidate’s last attempt to pass it.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51721

performance at the end of their test However, FINRA will continue to burden on competition that is not session. The test results report will provide a total score and a score profile necessary or appropriate in furtherance indicate a pass or fail status. Further, for each major section of the content of the purposes of the Act. the report will indicate a total score and outline to a candidate who fails an Economic Impact Assessment a score profile for each major section of examination. As noted above, such the content outline. Several FINRA information is relevant in evaluating Economic Baseline representative- and principal-level whether the candidate needs additional Currently, candidates who take a examination content outlines currently study time and training and whether the FINRA qualification examination include information relating to the test candidate should retake the 6 receive a total score and score break results. This information appears in examination. down regardless of whether they pass or different places in the content outlines. Consistent with this administrative fail their examination. These For instance, in the Series 99 change, FINRA is reformatting the examinations are designed to examination outline, the information content outlines for the current Series 6, demonstrate basic proficiency around a appears under the ‘‘Candidates’ Test 7, 11, 17, 22, 37, 38, 42, 57, 62, 72, 79, subject matter. Results’’ heading; whereas, in the Series 82 and 99 examinations as well as for Anecdotally, FINRA is aware that 22 examination outline, the information the Series 4, 9, 10, 16, 23, 24, 26, 27, 28 candidates approach the test with is under the ‘‘Introduction’’ heading. and 39 examinations to remove different objectives; specifically, some Effective October 1, 2018, FINRA is references to information relating to test candidates seek to achieve the highest restructuring its representative-level results. Instead, such information will possible score while others seek only to qualification examination program.7 In be available on a dedicated location on ensure that they achieve a score conjunction with the restructuring, FINRA’s website. starting on October 1, 2018, FINRA will sufficient to pass the examination. Availability of Content Outlines no longer provide a total score and a Economic Impact score profile for each major section of The revised content outlines will be the content outline to candidates who available on FINRA’s website on the Beginning on October 1, 2018, FINRA pass a qualification examination. FINRA date of this filing. will no longer provide score information believes that providing such FINRA is filing the proposed rule to candidates who pass a qualification information is unnecessary once a change for immediate effectiveness. The examination. A candidate will receive candidate has met the minimum score implementation date will be October 1, score information only if the candidate threshold for passing an examination.8 2018, to coincide with the did not pass the examination. In implementation of the restructured conjunction with this change, the 6 These representative-level examinations are the representative-level examination proposed rule change revises the current Investment Company and Variable program. impacted content outlines to remove Contracts Products Representative (Series 6), references to information relating to General Securities Representative (Series 7), Order 2. Statutory Basis Processing Assistant Representative (Series 11), score information. United Kingdom Securities Representative (Series FINRA believes that the proposed Impact on Individuals 17), Direct Participation Programs Representative changes to the examination content (Series 22), Canadian Securities Representative outlines are consistent with the The absence of score information for (Series 37 and Series 38), Options Representative candidates who pass a qualification (Series 42), Securities Trader (Series 57), Corporate provisions of Section 15A(b)(6) of the Securities Representative (Series 62), Government Act,9 which requires, among other examination neither imposes additional Securities Representative (Series 72), Investment things, that FINRA rules must be costs on, nor provides additional Banking Representative (Series 79), Private benefits to, non-passing candidates. The Securities Offerings Representative (Series 82) and designed to prevent fraudulent and Operations Professional (Series 99) examinations. manipulative acts and practices, to continued availability of the failing These examinations are available to candidates who promote just and equitable principles of scores and score profiles will continue open an examination window in the Central to benefit candidates who want to use ® trade, and, in general, to protect Registration Depository (‘‘CRD ’’) system prior to this information to decide whether to October 1, 2018. The revised Series 6, 7, 22, 57, 79, investors and the public interest, and 82 and 99 examinations, which will be available to Section 15A(g)(3) of the Act,10 which retake the examination and if so, what candidates who open an examination window on or authorizes FINRA to prescribe standards areas they should focus on when after October 1, 2018, do not include information of training, experience, and competence studying for future examinations. relating to examination results. In addition, the For passing candidates, the lack of current Series 11, 17, 37, 38, 42, 62 and 72 will not for persons associated with FINRA be available to candidates who open an members. FINRA is proposing an score information affects the examination window on or after October 1, 2018. administrative change relating to test information set available to them, and The principal-level examinations are the results information on the content thus may impact them in different ways. Registered Options Principal (Series 4), General For example, candidates may use the Securities Sales Supervisor (Series 9 and Series 10), outlines, without compromising the Supervisory Analyst (Series 16), General Securities qualification standards. In addition, the information provided today in a variety Principal Sales Supervisor Module (Series 23), proposed rule change streamlines the of contexts related to their employment, General Securities Principal (Series 24), Investment content outlines by moving test results including negotiating compensation, Company and Variable Contracts Products Principal seeking future employment or (Series 26), Financial and Operations Principal information, which currently appears in (Series 27), Introducing Broker-Dealer Financial and different places on the outlines, to a demonstrating areas of particular Operations Principal (Series 28) and Direct dedicated location on the FINRA strength. However, FINRA knows of no Participation Programs Principal (Series 39) website. established evidence that these scores examinations. reliably predict future outcomes related 7 See Regulatory Notice 17–30 (October 2017). B. Self-Regulatory Organization’s to employment success.11 Further, 8 Unlike FINRA qualification examinations, some Statement on Burden on Competition examinations, such as the SAT, do not have a minimum score threshold for passing the FINRA does not believe that the 11 In Do Investors Have Valuable Information examination (i.e., they do not have a passing score). proposed rule change will result in any About Brokers?, Qureshi and Sokobin demonstrate For such an examination, an individual’s total score that examination scores are not informative for and breakdown of the score is necessary in predicting future customer harm when used in evaluating the individual’s performance compared 9 15 U.S.C. 78o–3(b)(6). conjunction with other relevant public data to other individuals who took the examination. 10 15 U.S.C. 78o–3(g)(3). Continued

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51722 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

FINRA qualification examinations are C. Self-Regulatory Organization’s Commission and any person, other than not designed to provide information Statement on Comments on the those that may be withheld from the beyond demonstration of basic Proposed Rule Change Received From public in accordance with the proficiency. For these reasons, Members, Participants, or Others provisions of 5 U.S.C. 552, will be comparisons of test scores across Written comments were neither available for website viewing and candidates may not be appropriate.12 solicited nor received. printing in the Commission’s Public Reference Room, 100 F Street NE, Nevertheless, to the extent that test III. Date of Effectiveness of the Washington, DC 20549, on official scores are used by individuals and Proposed Rule Change and Timing for business days between the hours of 10 others today, restricting the information Commission Action a.m. and 3 p.m. Copies of such filing may impose certain costs. For The foregoing rule change has become also will be available for inspection and individuals, these costs can vary from effective pursuant to Section 19(b)(3)(A) copying at the principal office of time and effort to differentiate of the Act 13 and paragraph (f)(1) of Rule FINRA. All comments received will be themselves, to direct monetary costs if 19b–4 thereunder.14 At any time within posted without change. Persons a test score would have improved their 60 days of the filing of the proposed rule submitting comments are cautioned that compensation or position. Regardless of change, the Commission summarily may we do not redact or edit personal its predictive ability, where parties temporarily suspend such rule change if identifying information from comment today rely on the details of passing it appears to the Commission that such submissions. You should submit only scores to make decisions and would action is necessary or appropriate in the information that you wish to make make a different judgment in the public interest, for the protection of available publicly. All submissions absence of such information, the change investors, or otherwise in furtherance of should refer to File Number SR–FINRA– may result in an economic transfer away the purposes of the Act. If the 2018–036 and should be submitted on from high-scoring individuals towards Commission takes such action, the or before November 2, 2018. others. Commission shall institute proceedings For the Commission, by the Division of to determine whether the proposed rule Impact on Other Users of the Trading and Markets, pursuant to delegated should be approved or disapproved. authority.15 Information IV. Solicitation of Comments Eduardo A. Aleman, The economic impact to others is Interested persons are invited to Assistant Secretary. fundamentally related to the extent to submit written data, views and [FR Doc. 2018–22205 Filed 10–11–18; 8:45 am] which candidates share passing score arguments concerning the foregoing, BILLING CODE 8011–01–P information with current or prospective including whether the proposed rule employers and the reliability of such change is consistent with the Act. scores as a signal in the contexts for Comments may be submitted by any of SECURITIES AND EXCHANGE which they are being used. the following methods: COMMISSION In situations where passing scores are Electronic Comments misleading and cause users to make • [Release No. 34–84374; File No. SR–FINRA– Use the Commission’s internet 2018–032] inefficient or ineffective decisions, the comment form (http://www.sec.gov/ elimination of this information may lead rules/sro.shtml); or Self-Regulatory Organizations; • to benefits through better decision Send an email to rule-comments@ Financial Industry Regulatory making. In situations where passing sec.gov. Please include File Number SR– Authority, Inc.; Order Approving scores are not misleading but are FINRA–2018–036 on the subject line. Proposed Rule Change to FINRA Rule uninformative, they add noise to the Paper Comments 6710 To Modify the Dissemination decision-making process. However, Protocols for Agency Debt Securities noisy information should not cause • Send paper comments in triplicate consistent bias in the aggregate. Finally, to Secretary, Securities and Exchange October 5, 2018. Commission, 100 F Street NE, in situations where passing scores are I. Introduction viewed as providing valuable Washington, DC 20549–1090. information in decision making, the All submissions should refer to File On August 16, 2018, the Financial elimination of this information may Number SR–FINRA–2018–036. This file Industry Regulatory Authority, Inc. result in the need for an alternative number should be included on the (‘‘FINRA’’) filed with the Securities and process and, in turn, result in additional subject line if email is used. To help the Exchange Commission (‘‘Commission’’), costs. Commission process and review your pursuant to Section 19(b)(1) of the comments more efficiently, please use Securities Exchange Act of 1934 only one method. The Commission will (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a (available at: http://www.finra.org/industry/chief- post all comments on the Commission’s proposed rule change to modify the economist). internet website (http://www.sec.gov/ dissemination protocols for Agency 12 The Standard for Educational and rules/sro.shtml). Copies of the Debt Securities. The proposed rule Psychological Testing published by the American submission, all subsequent change was published for comment in Education Research Association, American amendments, all written statements the Federal Register on August 23, Psychological Association, and National Council on with respect to the proposed rule 2018.3 The Commission received no Measurement in Education have established that change that are filed with the comment letters on the proposed rule ‘‘[i]f validity for some common or likely Commission, and all written interpretation for a given use has not been evaluated, or if such an interpretation is communications relating to the 15 17 CFR 200.30–3(a)(12). inconsistent with available evidence, that fact proposed rule change between the 1 15 U.S.C. 78s(b)(1). should be made clear and potential users should be 2 17 CFR 240.19b–4. strongly cautioned about making unsupported 13 15 U.S.C. 78s(b)(3)(A). 3 See Securities Exchange Act Release No. 83882 interpretations.’’ 14 17 CFR 240.19b–4(f)(1). (August 17, 2018), 83 FR 42732 (‘‘Notice’’).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51723

change. This order approves the transactions exceeding $1 million in par a national securities association.14 In proposed rule change. value traded.9 particular, the Commission finds that the proposed rule change is consistent II. Description of the Proposal FINRA has proposed to apply the $5 million dissemination cap to with Section 15A(b)(6) of the Act,15 Under FINRA’s rules, each member transactions in all Agency Debt which requires, among other things, that firm is required to report to the Trade Securities, regardless of whether the FINRA rules be designed to prevent Reporting and Compliance Engine security is Investment Grade, Non- fraudulent and manipulative acts and (‘‘TRACE’’) transactions in TRACE- Investment Grade, or unrated. FINRA practices, to promote just and equitable 4 Eligible Securities, including securities has stated that, when adopting the principles of trade, and, in general, to that meet the definition of ‘‘Agency Debt original dissemination caps for Agency protect investors and the public interest. 5 Security.’’ Currently, for disseminated Debt Securities, it believed that unrated The Commission believes that the reports of transactions in Agency Debt Agency Debt Securities should default proposal is reasonably designed to Securities, FINRA displays either the to the $5 million dissemination cap due simplify the dissemination protocols for entire notional size (volume) of the to factors such as that they trade more transactions in Agency Debt Securities transaction or a capped amount, consistently with Investment Grade by instituting a uniform $5 million depending on whether the security is dissemination cap, regardless of 6 securities that are subject to the $5 Investment Grade, Non-Investment 10 whether the security is Investment 7 8 million dissemination cap. FINRA has Grade, or unrated. For Agency Debt further stated that it is not aware of the Grade, Non-Investment Grade, or Securities that are Investment Grade or existence of any Non-Investment Grade unrated. The Commission received no unrated, FINRA disseminates the entire Agency Debt Securities other than credit comments that objected to the proposed notional size for transactions of $5 risk transfer securities (‘‘CRTs’’), a type rule change and notes that FINRA million or less in par value traded, but of Agency Debt Security issued by consulted with Fannie and Freddie a capped size—‘‘$5MM+’’—for Fannie Mae (‘‘Fannie’’) and Freddie Mac before submitting the proposal. transactions exceeding $5 million in par (‘‘Freddie’’).11 Based on FINRA’s Pursuant to Section 19(b)(5) of the value traded; for transactions in Agency experience with CRTs and in Act,16 the Commission consulted with Debt Securities that are Non-Investment consultation with Fannie and Freddie, and considered the views of the Grade, FINRA disseminates the entire FINRA believes that it is appropriate to Treasury Department in determining to notional size for transactions of $1 disseminate Non-Investment Grade approve the proposed rule change. The million or less in par value traded but CRTs with the $5 million dissemination Treasury Department indicated its a capped size— ‘‘1MM+’’—for cap. Because CRTs are the only type of support for the proposal.17 Pursuant to Agency Debt Security rated less than Section 19(b)(6) of the Act,18 the 4 See FINRA Rule 6710(a) (defining ‘‘TRACE- Eligible Security’’). Investment Grade, FINRA is proposing Commission has considered the 5 FINRA Rule 6710(l) generally defines ‘‘Agency to simplify the dissemination structure sufficiency and appropriateness of Debt Security’’ to mean a debt security (i) issued or by applying the $5 million cap to all existing laws and rules applicable to guaranteed by an Agency as defined in paragraph Agency Debt Securities irrespective of government securities brokers, (k); (ii) issued or guaranteed by a Government- 12 Sponsored Enterprise as defined in paragraph (n); rating. government securities dealers, and their or (iii) issued by a trust or other entity that was FINRA has stated that it will associated persons in approving the established or sponsored by a Government- announce the effective date of the rule proposal. As discussed above, by Sponsored Enterprise for the purpose of issuing applying the $5 million dissemination debt securities, where such enterprise provides change in a Regulatory Notice to be collateral to the trust or other entity or retains a published no later than 60 days cap to all Agency Debt Securities material net economic interest in the reference following a Commission approval, and regardless of rating, the rule change will tranches associated with the securities issued by the the effective date will be no later than simplify the dissemination protocols for trust or other entity. transactions in Agency Debt Securities. 6 FINRA Rule 6710(h) defines ‘‘Investment 120 days following publication of that 13 Grade’’ to mean ‘‘a TRACE-Eligible Security that, if Regulatory Notice. IV. Conclusion rated by only one nationally recognized statistical rating organization (‘‘NRSRO’’), is rated in one of III. Discussion and Commission It is therefore ordered, pursuant to the four highest generic rating categories; or if rated Findings Section 19(b)(2) of the Act,19 that the by more than one NRSRO, is rated in one of the four highest generic rating categories by all or a majority After careful consideration, the proposed rule change (SR–FINRA– of such NRSROs; provided that if the NRSROs Commission finds that the proposed 2018–032) is approved. assign ratings that are evenly divided between (i) rule change is consistent with the the four highest generic ratings and (ii) ratings requirements of the Act and the rules 14 In approving this proposal, the Commission has lower than the four highest generic ratings, FINRA considered the proposed rule’s impact on will classify the TRACE-Eligible Security as Non- and regulations thereunder applicable to efficiency, competition, and capital formation. See Investment Grade for purposes of TRACE. If a 15 U.S.C. 78c(f). TRACE-Eligible Security is unrated, for purposes of 9 See Securities Exchange Act Release No. 59733 15 15 U.S.C. 78o–3(b)(6). TRACE, FINRA may classify the TRACE-Eligible (April 8, 2009), 74 FR 17709, 17712 (April 16, 2009) 16 15 U.S.C. 78s(b)(5) (providing that the Security as an Investment Grade security. FINRA (SR–FINRA–2009–010) (Notice of Filing of Commission ‘‘shall consult with and consider the will classify an unrated Agency Debt Security as defined in [Rule 6710(l)] as an Investment Grade Proposed Rule Change and Amendment No. 1 views of the Secretary of the Treasury prior to security for purposes of the dissemination of Thereto To Expand TRACE To Include Agency Debt approving a proposed rule filed by a registered transaction volume.’’ Securities and Primary Market Transactions). securities association that primarily concerns 10 conduct related to transactions in government 7 FINRA Rule 6710(i) defines ‘‘Non-Investment See Notice, 83 FR at 42732. 11 securities, except where the Commission Grade’’ to mean ‘‘a TRACE-Eligible Security that, if See id. determines that an emergency exists requiring rated by only one NRSRO, is rated lower than one 12 See id. at 42733. In support of the proposal, expeditious or summary action and publishes its of the four highest generic rating categories; or if FINRA provided statistics about the trade count and reasons therefor’’). rated by more than one NRSRO, is rated lower than notional volume traded for Investment Grade, Non- 17 one of the four highest generic rating categories by Investment Grade, and unrated Agency Debt Telephone conversation with Treasury all or a majority of such NRSROs. Except as Securities indicating that, for both metrics, Department staff and Brett Redfearn, Director, provided in [Rule 6710(h)], if a TRACE-Eligible transactions in Non-Investment Grade Agency Debt Division of Trading and Markets, et al., on October Security is unrated, FINRA may classify the Securities currently account for only a small 2, 2018. TRACE-Eligible Security as a Non-Investment Grade percentage of transactions in Agency Debt 18 15 U.S.C. 78s(b)(6). security.’’ Securities. See id. 19 15 U.S.C. 78s(b)(2). 8 See Notice, 83 FR at 42732. 13 See id. 20 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51724 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

For the Commission, by the Division of The Exchange has prepared summaries, First Trust Advisors L.P. will be the Trading and Markets, pursuant to delegated set forth in sections A, B, and C below, Fund’s investment adviser (‘‘Adviser’’). authority.20 of the most significant parts of such First Trust Portfolios L.P. will be the Eduardo A. Aleman, statements. Fund’s distributor. Brown Brothers Assistant Secretary. Harriman & Co. will serve as custodian A. Self-Regulatory Organization’s [FR Doc. 2018–22203 Filed 10–11–18; 8:45 am] (‘‘Custodian’’) and transfer agent Statement of the Purpose of, and the BILLING CODE 8011–01–P (‘‘Transfer Agent’’) for the Fund. Statutory Basis for, the Proposed Rule Commentary .06 to Rule 8.600–E Change provides that, if the investment adviser SECURITIES AND EXCHANGE 1. Purpose to the investment company issuing COMMISSION The Exchange proposes to list and Managed Fund Shares is affiliated with a broker-dealer, such investment adviser [Release No. 34–84379; File No. SR– trade shares (‘‘Shares’’) of the First Trust NYSEArca–2018–73] Short Duration Managed Municipal ETF shall erect and maintain a ‘‘fire wall’’ (‘‘Fund’’) under NYSE Arca Rule 8.600– between the investment adviser and the Self-Regulatory Organizations; NYSE E,4 which governs the listing and broker-dealer with respect to access to Arca, Inc.; Notice of Filing and trading of Managed Fund Shares.5 The information concerning the composition Immediate Effectiveness of Proposed and/or changes to such investment Shares will be offered by First Trust 7 Rule Change Relating To Listing and Exchange-Traded Fund III (the ‘‘Trust’’), company portfolio. In addition, Trading of Shares of the First Trust which is registered with the Commentary .06 further requires that Short Duration Managed Municipal ETF Commission as an open-end personnel who make decisions on the Under NYSE Arca Rule 8.600–E management investment company.6 The open-end fund’s portfolio composition Fund is a series of the Trust. must be subject to procedures designed October 5, 2018. to prevent the use and dissemination of 1 Pursuant to Section 19(b)(1) of the 4 The Securities and Exchange Commission material nonpublic information Securities Exchange Act of 1934 (the (‘‘Commission’’) has approved Exchange listing and regarding the open-end fund’s portfolio. ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 trading shares of actively managed funds that The Adviser is not registered as a notice is hereby given that, on October principally hold municipal bonds. See, e.g., broker-dealer but is affiliated with a Securities Exchange Act Release Nos. 60981 3, 2018, NYSE Arca, Inc. (the (November 10, 2009), 74 FR 59594 (November 18, broker-dealer, and has implemented and ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with 2009) (SR–NYSEArca–2009–79) (order approving will maintain a ‘‘fire wall’’ with respect the Securities and Exchange listing and trading of shares of the PIMCO Short- to such broker-dealer affiliate regarding Commission (the ‘‘Commission’’) the Term Municipal Bond Strategy Fund and PIMCO access to information concerning the Intermediate Municipal Bond Strategy Fund); 79293 proposed rule change as described in (November 10, 2016), 81 FR 81189 (November 17, composition of and/or changes to the Items I and II below, which Items have 2016) (SR–NYSEArca–2016–107) (order approving Fund’s portfolio. In addition, personnel been prepared by the self-regulatory listing and trading of shares of Cumberland who make decisions on the Fund’s organization. The Commission is Municipal Bond ETF under Rule 8.600); 80865 portfolio composition must be subject to (June 6, 2017), 82 FR 26970 (June 12, 2017) (order procedures designed to prevent the use publishing this notice to solicit approving listing and trading of shares of the comments on the proposed rule change Franklin Liberty Intermediate Municipal and dissemination of material, non- from interested persons. Opportunities ETF and Franklin Liberty Municipal Bond ETF under NYSE Arca Equities Rule 8.600); (‘‘Registration Statement’’). The description of the I. Self-Regulatory Organization’s 80885 (June 8, 2017), 82 FR 27302 (June 14, 2017) operation of the Trust and the Fund herein is based, Statement of the Terms of Substance of (order approving listing and trading of shares of the in part, on the Registration Statement. In addition, the Proposed Rule Change IQ Municipal Insured ETF, IQ Municipal Short the Commission has issued an order granting Duration ETF, and IQ Municipal Intermediate ETF certain exemptive relief to the Trust under the 1940 The Exchange proposes to list and under NYSE Arca Equities Rule 8.600); 82166 Act. See Investment Company Act Release No. trade shares of the First Trust Short (November 29, 2017), 82 FR 57497 (December 5, 30029 (April 10, 2012) (File No. 812–13795) 2017) (SR–NYSEArca–2017–90) (order approving Duration Managed Municipal ETF (‘‘Exemptive Order’’). listing and trading of shares of the Hartford 7 An investment adviser to an open-end fund is under NYSE Arca Rule 8.600–E Municipal Opportunities ETF Under NYSE Arca required to be registered under the Investment (‘‘Managed Fund Shares’’). The Rule 8.600–E). The Commission also has approved Advisers Act of 1940 (the ‘‘Advisers Act’’). As a proposed rule change is available on the listing and trading on the Exchange of shares of the result, the Adviser and its related personnel are SPDR Nuveen S&P High Yield Municipal Bond Exchange’s website at www.nyse.com, at subject to the provisions of Rule 204A–1 under the Fund under Commentary .02 of NYSE Arca Equities Advisers Act relating to codes of ethics. This Rule the principal office of the Exchange, and Rule 5.2(j)(3). See Securities Exchange Act Release requires investment advisers to adopt a code of at the Commission’s Public Reference No.63881 (February 9, 2011), 76 FR 9065 (February ethics that reflects the fiduciary nature of the Room. 16, 2011) (SR–NYSEArca–2010–120). relationship to clients as well as compliance with 5 A Managed Fund Share is a security that other applicable securities laws. Accordingly, II. Self-Regulatory Organization’s represents an interest in an investment company procedures designed to prevent the communication Statement of the Purpose of, and registered under the Investment Company Act of and misuse of non-public information by an 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as investment adviser must be consistent with Rule Statutory Basis for, the Proposed Rule an open-end investment company or similar entity 204A–1 under the Advisers Act. In addition, Rule Change that invests in a portfolio of securities selected by 206(4)–7 under the Advisers Act makes it unlawful its investment adviser consistent with its for an investment adviser to provide investment In its filing with the Commission, the investment objectives and policies. In contrast, an advice to clients unless such investment adviser has self-regulatory organization included open-end investment company that issues (i) adopted and implemented written policies and statements concerning the purpose of, Investment Company Units, listed and traded on procedures reasonably designed to prevent and basis for, the proposed rule change the Exchange under NYSE Arca Rule 5.2–E(j)(3), violation, by the investment adviser and its seeks to provide investment results that correspond supervised persons, of the Advisers Act and the and discussed any comments it received generally to the price and yield performance of a Commission rules adopted thereunder; (ii) on the proposed rule change. The text specific foreign or domestic stock index, fixed implemented, at a minimum, an annual review of those statements may be examined at income securities index or combination thereof. regarding the adequacy of the policies and the places specified in Item IV below. 6 The Trust is registered under the 1940 Act. On procedures established pursuant to subparagraph (i) August 17, 2018, the Trust filed with the above and the effectiveness of their Commission its registration statement on Form N– implementation; and (iii) designated an individual 1 15 U.S.C. 78s(b)(1). 1A under the Securities Act of 1933 (15 U.S.C. 77a) (who is a supervised person) responsible for 2 15 U.S.C. 78a. (‘‘Securities Act’’), and under the 1940 Act relating administering the policies and procedures adopted 3 17 CFR 240.19b–4. to the Fund (File Nos. 333–176976 and 811–22245) under subparagraph (i) above.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51725

public information regarding the Fund’s • securities issued by custodial only in large blocks of Shares (‘‘Creation portfolio. In the event (a) the Adviser receipt trusts,10 and Units’’) in transactions with authorized becomes registered as a broker-dealer or • pre-refunded and escrowed to participants, generally including broker- newly affiliated with a broker-dealer, or maturity bonds. dealers and large institutional investors (b) any new adviser to the Fund is a The Fund may purchase new issues of (‘‘Authorized Participants’’). Creation registered broker-dealer or becomes Municipal Securities on a when-issued Units generally will consist of 50,000 affiliated with a broker-dealer, the or forward commitment basis. Shares. The size of a Creation Unit is applicable adviser will implement and The Municipal Securities in which subject to change. As described in the maintain a fire wall with respect to its the Fund invests may be fixed, variable Registration Statement, the Fund will relevant personnel or broker-dealer or floating rate securities. issue and redeem Creation Units in affiliate regarding access to information Other Investments exchange for an in-kind portfolio of concerning the composition and/or instruments and/or cash in lieu of such changes to the Fund’s portfolio, and will While the Fund, under normal market instruments (the ‘‘Creation Basket’’).14 be subject to procedures designed to conditions, will invest at least 80% of In addition, if there is a difference its net assets in Municipal Securities as prevent the use and dissemination of between the NAV attributable to a described above, the Fund may, under material non-public information Creation Unit and the market value of normal market conditions, invest up to regarding such portfolio. the Creation Basket exchanged for the 20% of its net assets in the aggregate in Creation Unit, the party conveying First Trust Short Duration Managed the securities and financial instruments instruments (which may include cash- Municipal ETF described below. The Fund may hold cash and cash in-lieu amounts) with the lower value According to the Registration will pay to the other an amount in cash Statement, the Fund will seek to equivalents.11 In addition, the Fund may hold the following fixed income equal to the difference (referred to as the provide federally tax-exempt income ‘‘Cash Component’’). consistent with capital preservation. securities with maturities of three Under normal market conditions 8, the months or more: Fixed rate and floating Creations and redemptions must be Fund will seek to achieve its investment rate U.S. government securities; made by or through an Authorized objective by investing at least 80% of its certificates of deposit; bankers’ Participant that has executed an net assets (including investment acceptances; repurchase agreements; agreement that has been agreed to by the borrowings) in municipal debt securities bank time deposits; and commercial Distributor and the Transfer Agent with that pay interest that is exempt from paper. respect to creations and redemptions of regular federal income taxes The Fund may hold the following Creation Units. All standard orders to (collectively, ‘‘Municipal Securities’’).9 derivative instruments: U.S. Treasury create Creation Units must be received According to the Registration futures contracts; interest rate futures; by the Transfer Agent no later than the Statement, the Fund may invest in the futures on fixed income securities or closing time of the regular trading following Municipal Securities: fixed income securities indexes; and session on the NYSE (ordinarily 4:00 exchange-traded and over-the-counter • Municipal lease obligations (and p.m., E.T.) (the ‘‘Closing Time’’) in each (‘‘OTC’’) credit default swaps, interest certificates of participation in such case on the date such order is placed in rate swaps, swaps on fixed income obligations), order for the creation of Creation Units • municipal general obligation bonds, securities and swaps on fixed income to be effected based on the NAV of • municipal revenue bonds, securities indexes. Shares as next determined on such date • municipal notes, The Fund may invest in exchange- after receipt of the order in proper form. • municipal cash equivalents, traded funds (‘‘ETFs’’), or acquire short Shares may be redeemed only in • 12 alternative minimum tax bonds, positions in such ETFs. Creation Units at their NAV next • The Fund will not invest in securities private activity bonds (including determined after receipt not later than or other financial instruments that have without limitation industrial the Closing Time of a redemption not been described in this proposed rule development bonds), request in proper form by the Fund change. through the Transfer Agent and only on 8 The term ‘‘normal market conditions’’ is defined Creation and Redemption of Shares in NYSE Arca Rule 8.600–E(c)(5). The Exchange a business day. The Custodian, through represents that, on a temporary basis, including for The Fund will issue and redeem the National Securities Clearing defensive purposes, during the initial invest-up Shares on a continuous basis at NAV 13 Corporation (‘‘NSCC’’), will make period (for purposes of this filing, i.e., the six-week available on each business day, prior to period following the commencement of trading of Shares on the Exchange) and during periods of high 10 According to the Registration Statement, the opening of business of the Exchange, cash inflows or outflows (for purposes of this filing, custodial receipts are financial instruments that are the list of the names and quantities of i.e. rolling periods of seven calendar days during underwritten by securities dealers or banks and the instruments comprising the Creation evidence ownership of future interest payments, which inflows or outflows of cash, in the aggregate, Basket, as well as the estimated Cash exceed 10% of the Fund’s net assets as of the principal payments or both on certain municipal opening of business on the first day of such securities. Component (if any), for that day. The periods), the Fund may depart from its principal 11 For purposes of this filing, the term ‘‘cash published Creation Basket will apply investment strategies; for example, it may hold a equivalents’’ has the meaning specified in until a new Creation Basket is higher than normal proportion of its assets in cash. Commentary .01(c) to NYSE Arca Rule 8.600–E. announced on the following business During such periods, the Fund may not be able to 12 For purposes of this filing, the term ‘‘ETFs’’ achieve its investment objectives. According to the includes Investment Company Units (as described Exchange, the Fund may adopt a defensive strategy in NYSE Arca Rule 5.2–E(j)(3)); Portfolio Depositary of the close of regular trading on the New York when the Adviser believes securities in which the Receipts (as described in NYSE Arca Rule 8.100– Stock Exchange (‘‘NYSE’’), generally 4:00 p.m., Fund normally invests have elevated risks due to E); and Managed Fund Shares (as described in Eastern Time (‘‘E.T.’’). NAV per Share will be political or economic factors and in other NYSE Arca Rule 8.600–E). All ETFs will be listed calculated by dividing the Fund’s net assets by the extraordinary circumstances. and traded in the U.S. on a national securities number of Fund Shares outstanding. 9 Municipal Securities are generally issued by or exchange. While the Fund may invest in inverse 14 It is expected that the Fund will typically issue on behalf of states, territories or possessions of the ETFs, the Fund will not invest in leveraged (e.g., and redeem Creation Units on a cash basis; U.S. and the District of Columbia and their political 2X, -2X, 3X or -3X) ETFs. however, at times, the Fund may issue and redeem subdivisions, agencies, authorities and other 13 The NAV of the Fund’s Shares generally will Creation Units on an in-kind (or partially in-kind) instrumentalities. be calculated once daily Monday through Friday as (or partially cash) basis.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51726 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

day prior to commencement of trading dealers or pricing services will be iii. No individual bond will account in the Shares. available for Municipal Securities. Price for more than 5% of the weight of the information for money market funds is Fund’s portfolio; Availability of Information available from the applicable iv. The Fund will limit its The Fund will disclose on the Fund’s investment company’s website and from investments in Municipal Securities of website (www.ftportfolios.com) at the market data vendors. Price information any one state to 20% of the Fund’s total start of each business day the identities for ETFs and exchange-traded futures assets and will be diversified among and quantities of the securities and and swaps held by the Fund is available issuers in at least 10 states; other assets held by the Fund that will from the applicable exchange. Price v. The Fund will be diversified among form the basis of the Fund’s calculation information for certain fixed income a minimum of five different sectors of of its NAV on that business day. The securities held by the Fund is available the municipal bond market.19 portfolio holdings so disclosed will be through the Financial Industry Pre-refunded bonds will be excluded based on information as of the close of Regulatory Authority’s (FINRA) Trade from the above limits. The Adviser business on the prior business day and/ Reporting and Compliance Engine represents that, with respect to pre- or trades that have been completed prior (‘‘TRACE’’). Price information for refunded bonds (also known as to the opening of business on that certain Municipal Securities held by the refunded or escrow-secured bonds, the business day and that are expected to Fund is available through the Electronic issuer ‘‘prerefunds’’ the bond by setting settle on the business day. Municipal Market Access (‘‘EMMA’’) of aside in advance all or a portion of the The website for the Fund will contain the Municipal Securities Rulemaking amount to be paid to the bondholders the following information, on a per- Board (‘‘MSRB’’). Price information for when the bond is called. Generally, an Share basis, for the Fund: (1) The prior cash equivalents; fixed income issuer uses the proceeds from a new business day’s NAV; (2) the market securities with maturities of three bond issue to buy high grade, interest closing price or midpoint of the bid-ask months or more (as described above), bearing debt securities, including direct spread at the time of NAV calculation and OTC swaps will be available from obligations of the U.S. government, (the ‘‘Bid-Ask Price’’); and (3) a one or more major market data vendors. which are then deposited in an calculation of the premium or discount irrevocable escrow account held by a Pricing information regarding each asset of the Bid-Ask Price against such NAV. trustee bank to secure all future class in which the Fund will invest will The Fund’s portfolio holdings will be payments of principal and interest on generally be available through disclosed on the Fund’s website daily the pre-refunded bonds. The escrow nationally recognized data service after the close of trading on the would be sufficient to satisfy principal providers through subscription Exchange and prior to the opening of and interest on the call or maturity date agreements. In addition, the IOPV trading on the Exchange the following and one would not look to the issuer for (which is the Portfolio Indicative Value, day. On a daily basis, the Fund will repayment. Because pre-refunded as defined in NYSE Arca Rule 8.600– disclose the information required under bonds’ pricing would be valued based E(c)(3)), will be widely disseminated at NYSE Arca Rule 8.600–E (c)(2) to the on the applicable escrow (generally U.S. extent applicable. The website least every 15 seconds during the Core government securities), such pre- information will be publicly available at Trading Session by one or more major refunded securities would not be readily market data vendors or other no charge. 15 susceptible to market manipulation and The approximate value of the Fund’s information providers. it would be unnecessary to apply the investments on a per-Share basis, the Investment Restrictions diversification and weighting criteria set indicative optimized portfolio value forth above. The Fund’s investments will be (‘‘IOPV’’), will be disseminated every 15 consistent with its investment goal and Application of Generic Listing seconds during the Exchange Core will not be used to provide multiple Requirements Trading Session (ordinarily 9:30 a.m. to returns of a benchmark or to produce 4:00 p.m., E.T.). The Exchange is submitting this Investors can also obtain the Fund’s leveraged returns. proposed rule change because the Statement of Additional Information Under normal market conditions, portfolio for the Fund will not meet all (‘‘SAI’’) and shareholder reports. The except for periods of high cash inflows of the ‘‘generic’’ listing requirements of 16 Fund’s SAI and shareholder reports will or outflows, the Fund will satisfy the Commentary .01 to NYSE Arca Rule be available free upon request from the following criteria: 8.600–E applicable to the listing of Trust, and those documents and Form i. The Fund will have a minimum of Managed Fund Shares. The Fund’s 17 N–CSR may be viewed on-screen or 20 non-affiliated issuers ; portfolio will meet all such downloaded from the Commission’s ii. No single Municipal Securities requirements except for those set forth website at www.sec.gov. Information issuer will account for more than 10% in Commentary .01(b)(1).20 18 regarding market price and trading of the weight of the Fund’s portfolio ; The Exchange believes that it is volume of the Shares will be continually appropriate and in the public interest to 15 available on a real-time basis throughout Currently, it is the Exchange’s understanding that several major market data vendors display and/ the day on brokers’ computer screens 19 The Fund’s investments in Municipal or make widely available Portfolio Indicative Securities will include investments in state and and other electronic services. Values taken from CTA or other data feeds. local (e.g., county, city, town) Municipal Securities Information regarding the previous 16 See note 8, supra. relating to such industries or sectors as the day’s closing price and trading volume 17 For the avoidance of doubt, in the case of following: Airports; bridges and highways; information for the Shares will be Municipal Securities that are issued by entities hospitals; housing; jails; mass transportation; whose underlying assets are municipal bonds, the nursing homes; parks; public buildings; recreational published daily in the financial section underlying municipal bonds will be taken into facilities; school facilities; streets; and water and of newspapers. account. Additionally, for purposes of this sewer works. Quotation and last sale information restriction, each state and each separate political 20 Commentary .01(b)(1) to NYSE Arca Rule for the Shares will be available via the subdivision, agency, authority, or instrumentality of 8.600–E provides that components that in the such state, each multi-state agency or authority, and aggregate account for at least 75% of the fixed Consolidated Tape Association (‘‘CTA’’) each guarantor, if any, would be treated as separate, income weight of the portfolio each shall have a high-speed line, and from the Exchange. non-affiliated issuers of Municipal Securities. minimum original principal amount outstanding of Quotation information from brokers and 18 See note 17, supra. $100 million or more.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51727

approve listing and trading of Shares of the Fund’s portfolio will meet all other Surveillance the Fund on the Exchange requirements of Rule 8.600–E. The Exchange represents that trading notwithstanding that the Fund would Trading Halts in the Shares will be subject to the not meet the requirements of existing trading surveillances, Commentary .01(b)(1) to Rule 8.600–E With respect to trading halts, the administered by FINRA on behalf of the in that the Fund’s investments in Exchange may consider all relevant Exchange, or by regulatory staff of the municipal securities will be well- factors in exercising its discretion to Exchange, which are designed to detect diversified. halt or suspend trading in the Shares of violations of Exchange rules and The Exchange believes that permitting the Fund.22 Trading in Shares of the applicable federal securities laws. The Fund Shares to be listed and traded on Fund will be halted if the circuit breaker Exchange represents that these the Exchange notwithstanding that less parameters in NYSE Arca Rule 7.12–E procedures are adequate to properly than 75% of the weight of the Fund’s have been reached. Trading also may be monitor Exchange trading of the Shares portfolio may consist of components halted because of market conditions or in all trading sessions and to deter and with $100 million minimum original for reasons that, in the view of the detect violations of Exchange rules and principal amount outstanding would Exchange, make trading in the Shares federal securities laws applicable to provide the Fund with greater ability to inadvisable. trading on the Exchange.24 select from a broad range of Municipal The surveillances referred to above Securities, as described above, that Trading Rules generally focus on detecting securities would support the Fund’s investment The Exchange deems the Shares to be trading outside their normal patterns, goal. which could be indicative of equity securities, thus rendering trading The Exchange believes that, manipulative or other violative activity. in the Shares subject to the Exchange’s notwithstanding that the Fund’s When such situations are detected, existing rules governing the trading of portfolio may not satisfy Commentary surveillance analysis follows and equity securities. Shares will trade on .01(b)(1) to Rule 8.600–E, the Fund’s investigations are opened, where NYSE Arca from 4 a.m. to 8 p.m., E.T. portfolio will not be susceptible to appropriate, to review the behavior of in accordance with NYSE Arca Rule manipulation. As noted above, the all relevant parties for all relevant 7.34–E (Early, Core, and Late Trading Fund’s investments, excluding pre- trading violations. refunded bonds, as described above, Sessions). The Exchange has The Exchange or FINRA, on behalf of will be diversified among a minimum of appropriate rules to facilitate the Exchange, or both, will 20 non-affiliated municipal issuers; no transactions in the Shares during all communicate as needed regarding single Municipal Securities issuer will trading sessions. As provided in NYSE trading in the Shares, ETFs and certain account for more than 10% of the Arca Rule 7.6–E, the minimum price futures with other markets and other weight of the Fund’s portfolio; no variation (‘‘MPV’’) for quoting and entry entities that are members of the individual bond will account for more of orders in equity securities traded on Intermarket Surveillance Group (‘‘ISG’’), than 5% of the weight of the Fund’s NYSE Arca is $0.01, with the exception and the Exchange or FINRA, on behalf portfolio; the Fund will limit its of securities that are priced less than of the Exchange, or both, may obtain investments in Municipal Securities of $1.00 for which the MPV for order entry trading information regarding trading in any one state to 20% of the Fund’s total is $0.0001. the Shares, ETFs and certain futures assets and will be diversified among The Shares of the Fund will conform from such markets and other entities.25 municipal issuers in at least 10 states; to the initial and continued listing In addition, the Exchange may obtain and the Fund will be diversified among criteria under NYSE Arca Rule 8.600–E. information regarding trading in the a minimum of five different sectors of Consistent with NYSE Arca Rule 8.600– Shares, ETFs and certain futures from the municipal bond market. E(d)(2)(B)(ii), the Adviser will markets and other entities that are The Exchange notes that the implement and maintain, or be subject members of ISG or with which the Commission has previously approved to, procedures designed to prevent the Exchange has in place a comprehensive an exception from requirements set use and dissemination of material non- surveillance sharing agreement. In forth in Commentary .01(b) relating to public information regarding the actual addition, FINRA, on behalf of the municipal securities similar to those components of the Fund’s portfolio. The Exchange, is able to access, as needed, proposed with respect to the Fund.21 Exchange represents that, for initial trade information for certain fixed The Exchange notes that, other than and/or continued listing, the Fund will income securities held by the Fund Commentary .01(b)(1) to Rule 8.600–E, be in compliance with Rule 10A–323 reported to FINRA’s TRACE. FINRA under the Act, as provided by NYSE also can access data obtained from the 21 See Securities Exchange Act Release Nos. Arca Rule 5.3–E. A minimum of 100,000 MSRB relating to municipal bond 82974 (March 30, 2018), 83 FR 14698 (April 5, 2018) (SR–NYSEArca–2017–99) (Notice of Filing of Shares will be outstanding at the trading activity for surveillance Amendment No. 3 and Order Granting Accelerated commencement of trading on the purposes in connection with trading in Approval of a Proposed Rule Change, as Modified Exchange. The Exchange will obtain a the Shares. by Amendment No. 3, to List and Trade Shares of representation from the issuer of the In addition, the Exchange also has a the Hartford Schroders Tax-Aware Bond ETF Under general policy prohibiting the NYSE Arca Rule 8.600–E); 82166 (November 29, Shares that the NAV per Share will be 2017), 82 FR 57497 (December 5, 2017) (SR– calculated daily and that the NAV and NYSEArca–2017–90) (Order Approving a Proposed the Disclosed Portfolio will be made 24 FINRA conducts cross-market surveillances on Rule Change, as Modified by Amendment No. 2, to available to all market participants at behalf of the Exchange pursuant to a regulatory List and Trade Shares of the Hartford Municipal services agreement. The Exchange is responsible for Opportunities ETF Under NYSE Arca Rule 8.600– the same time. The Fund’s investments FINRA’s performance under this regulatory services E). See also, Securities Exchange Act Release 83982 will be consistent with the Fund’s agreement. (August 29, 2018) (SR–NYSEArca–2018–62) (Notice investment goal and will not be used to 25 For a list of the current members of ISG, see of Filing and Immediate Effectiveness of Proposed enhance leverage. www.isgportal.org. The Exchange notes that not all Rule Change Relating to Listing and Trading of components of the Disclosed Portfolio may trade on Shares of the American Century Diversified markets that are members of ISG or with which the Municipal Bond ETF under NYSE Arca Rule 8.600– 22 See NYSE Arca Rule 7.12–E. Exchange has in place a comprehensive E). 23 17 CFR 240.10A–3. surveillance sharing agreement.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51728 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

distribution of material, non-public 2. Statutory Basis Commentary .01(b)(1) to Rule 8.600–E information by its employees. The basis under the Act for this in that the Fund’s investments in All statements and representations proposed rule change is the requirement municipal securities will be well- made in this filing regarding (a) the under Section 6(b)(5) 26 that an diversified. As noted above, the Fund’s description of the portfolio, (b) exchange have rules that are designed to investments will be well-diversified in limitations on portfolio holdings or prevent fraudulent and manipulative that the Fund, excluding pre-refunded reference assets, or (c) the applicability acts and practices, to promote just and bonds, as described above, will have a of Exchange listing rules specified in equitable principles of trade, to remove minimum of 20 non-affiliated municipal this rule filing shall constitute impediments to, and perfect the issuers; no single municipal issuer will continued listing requirements for mechanism of a free and open market account for more than 10% of the weight of the Fund’s portfolio; no listing the Shares of the Fund on the and, in general, to protect investors and individual bond will account for more Exchange. the public interest. The Exchange believes that the than 5% of the weight of the Fund’s The issuer has represented to the portfolio; the Fund will limit its Exchange that it will advise the proposed rule change is designed to prevent fraudulent and manipulative investments in Municipal Securities of Exchange of any failure by the Fund to any one state to 20% of the Fund’s total acts and practices in that the Shares will comply with the continued listing assets and will be diversified among be listed and traded on the Exchange requirements, and, pursuant to its municipal issuers in at least 10 states; pursuant to the initial and continued obligations under Section 19(g)(1) of the and the Fund will be diversified among listing criteria in NYSE Arca Rule Act, the Exchange will monitor for a minimum of five different industries 8.600–E. The Exchange has in place compliance with the continued listing or sectors of the municipal bond market. surveillance procedures that are requirements. If the Fund is not in With respect to the proposed exclusion adequate to properly monitor trading in compliance with the applicable listing for pre-refunded bonds described above, the Shares in all trading sessions and to requirements, the Exchange will generally, an issuer uses the proceeds deter and detect violations of Exchange commence delisting procedures under from a new bond issue to buy high NYSE Arca Rule 5.5–E(m). rules and applicable federal securities grade, interest bearing debt securities, laws. The Exchange or FINRA, on behalf Information Bulletin including direct obligations of the U.S. of the Exchange, or both, will government, which are then deposited communicate as needed regarding in an irrevocable escrow account held Prior to the commencement of trading in the Shares, ETFs and certain trading, the Exchange will inform its by a trustee bank to secure all future futures with other markets and other payments of principal and interest on Equity Trading Permit Holders in an entities that are members of the ISG, and Information Bulletin (‘‘Bulletin’’) of the the pre-refunded bonds. The escrow the Exchange or FINRA, on behalf of the would be sufficient to satisfy principal special characteristics and risks Exchange, or both, may obtain trading associated with trading the Shares. and interest on the call or maturity date information regarding trading in the and one would not look to the issuer for Specifically, the Bulletin will discuss Shares, ETFs and certain futures from the following: (1) The procedures for repayment. Because pre-refunded such markets and other entities. In bonds’ pricing would be valued based purchases and redemptions of Shares in addition, the Exchange may obtain Creation Unit aggregations (and that on the applicable escrow (generally U.S. information regarding trading in the government securities), such pre- Shares are not individually redeemable); Shares, ETFs and certain futures from (2) NYSE Arca Rule 9.2–E(a), which refunded securities would not be readily markets and other entities that are susceptible to market manipulation and imposes a duty of due diligence on its members of ISG or with which the Equity Trading Permit Holders to learn it would be unnecessary to apply the Exchange has in place a comprehensive diversification and weighting criteria set the essential facts relating to every surveillance sharing agreement. In customer prior to trading the Shares; (3) forth above in ‘‘Investment addition, FINRA, on behalf of the Restrictions.’’ the risks involved in trading the Shares Exchange, is able to access, as needed, during the Early and Late Trading The Exchange believes that permitting trade information for certain fixed Fund Shares to be listed and traded on Sessions when an updated IOPV will income securities held by the Fund not be calculated or publicly the Exchange notwithstanding that less reported to TRACE. FINRA also can than 75% of the weight of the Fund’s disseminated; (4) how information access data obtained from the MSRB regarding the IOPV and the Disclosed portfolio may consist of components relating to municipal bond trading with $100 million minimum original Portfolio is disseminated; (5) the activity for surveillance purposes in principal amount outstanding would requirement that Equity Trading Permit connection with trading in the Shares. provide the Fund with greater ability to Holders deliver a prospectus to The Adviser is not a registered broker- select from a broad range of municipal investors purchasing newly issued dealer but is affiliated with a broker- securities, as described above, that Shares prior to or concurrently with the dealer. The Adviser has implemented would support the Fund’s investment confirmation of a transaction; and (6) and will maintain a ‘‘fire wall’’ with objective. trading information. respect to such broker-dealer affiliate The proposed rule change is designed In addition, the Bulletin will regarding access to information to promote just and equitable principles reference that the Fund is subject to concerning the composition of and/or of trade and to protect investors and the various fees and expenses described in changes to the Fund’s portfolio. public interest in that the Exchange will the Registration Statement. The Bulletin The Exchange believes that it is obtain a representation from the issuer will discuss any exemptive, no-action, appropriate and in the public interest to of the Shares that the NAV per Share and interpretive relief granted by the approve listing and trading of Shares of will be calculated daily and that the Commission from any rules under the the Fund on the Exchange NAV and the Disclosed Portfolio will be Act. The Bulletin will also disclose that notwithstanding that the Fund would made available to all market the NAV for the Shares will be not meet the requirements of participants at the same time. In calculated after 4:00 p.m., E.T. each addition, a large amount of information trading day. 26 15 U.S.C. 78f(b)(5). is publicly available regarding the Fund

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51729

and the Shares, thereby promoting with which the Exchange has entered to Rule 19b4(f)(6)(iii),31 the Commission market transparency. Quotation and last into a comprehensive surveillance may designate a shorter time if such sale information for the Shares will be sharing agreement. In addition, as noted action is consistent with the protection available via the CTA high-speed line, above, investors will have ready access of investors and the public interest. The and from the Exchange. Quotation to information regarding the Fund’s Exchange has asked the Commission to information from brokers and dealers or holdings, IOPV, Disclosed Portfolio, and waive the 30-day operative delay so that pricing services will be available for quotation and last sale information for the proposal may become operative Municipal Securities. Price information the Shares. immediately upon filing. The Exchange for money market funds is available states that the waiver of the 30-day from the applicable investment B. Self-Regulatory Organization’s delayed operative date is consistent company’s website and from market Statement on Burden on Competition with the protection of investors and the data vendors. Price information for ETFs The Exchange does not believe that public interest because the Commission and exchange-traded futures and swaps the proposed rule change will impose has previously approved an exception held by the Fund is available from the any burden on competition that is not from requirements set forth in applicable exchange. Price information necessary or appropriate in furtherance Commentary .01(b) relating to for certain fixed income securities held of the purpose of the Act. The Exchange municipal securities similar to those by the Fund is available FINRA’s notes that the proposed rule change will proposed with respect to the Fund.32 TRACE. Price information for certain facilitate the listing and trading of an Additionally, the Exchange asserts that Municipal Securities held by the Fund additional type of actively-managed waiver will permit the prompt listing is available through the EMMA of the exchange-traded product that and trading of an additional issue of MSRB. Price information for cash principally holds municipal securities Managed Fund Shares that principally equivalents, fixed income securities and that will enhance competition holds municipal securities, which will with maturities of three months or more among market participants, to the enhance competition among issuers, (as described above), and OTC swaps benefit of investors and the marketplace. investment advisers and other market will be available from one or more major participants with respect to listing and market data vendors. Pricing C. Self-Regulatory Organization’s trading of issues of Managed Fund information regarding each asset class in Statement on Comments on the Shares that hold municipal securities. which the Fund will invest will Proposed Rule Change Received From The Commission believes that waiver of generally be available through Members, Participants, or Others the 30-day operative delay is consistent nationally recognized data service No written comments were solicited with the protection of investors and the providers through subscription or received with respect to the proposed public interest because the proposed agreements. rule change. continuing listing standards for the Prior to the commencement of Shares are substantially similar to those trading, the Exchange will inform its III. Date of Effectiveness of the applicable to others approved by the Equity Trading Permit Holders in an Proposed Rule Change and Timing for Commission for similar funds. Information Bulletin of the special Commission Action Accordingly, the Commission hereby characteristics and risks associated with The Exchange has filed the proposed waives the 30-day operative delay and trading the Shares. Trading in Shares of rule change pursuant to Section designates the proposed rule change the Fund will be halted if the circuit 19(b)(3)(A)(iii) of the Act 27 and Rule operative upon filing.33 breaker parameters in NYSE Arca Rule 19b–4(f)(6) thereunder.28 Because the At any time within 60 days of the 7.12–E have been reached or because of proposed rule change does not: (i) filing of such proposed rule change, the market conditions or for reasons that, in Significantly affect the protection of Commission summarily may the view of the Exchange, make trading investors or the public interest; (ii) temporarily suspend such rule change if in the Shares inadvisable. Trading in the impose any significant burden on it appears to the Commission that such Shares will be subject to NYSE Arca competition; and (iii) become operative action is necessary or appropriate in the Rule 8.600–E(d)(2)(D), which sets forth prior to 30 days from the date on which public interest, for the protection of circumstances under which Shares of it was filed, or such shorter time as the investors, or otherwise in furtherance of the Fund may be halted. In addition, as Commission may designate, if the purposes of the Act. If the noted above, investors will have ready consistent with the protection of Commission takes such action, the access to information regarding the investors and the public interest, the Commission shall institute proceedings Fund’s holdings, the IOPV, the proposed rule change has become under Section 19(b)(2)(B) 34 of the Act to Disclosed Portfolio, and quotation and effective pursuant to Section 19(b)(3)(A) determine whether the proposed rule last sale information for the Shares. of the Act and Rule 19b–4(f)(6)(iii) change should be approved or The proposed rule change is designed thereunder.29 disapproved. to perfect the mechanism of a free and A proposed rule change filed under open market and, in general, to protect IV. Solicitation of Comments Rule 19b–4(f)(6) 30 normally does not investors and the public interest in that Interested persons are invited to become operative prior to 30 days after it will facilitate the listing and trading submit written data, views, and the date of the filing. However, pursuant of an additional type of actively- arguments concerning the foregoing, managed exchange-traded product that including whether the proposed rule principally holds municipal securities 27 15 U.S.C. 78s(b)(3)(A)(iii). 28 change is consistent with the Act. and that will enhance competition 17 CFR 240.19b–4(f)(6). 29 17 CFR 240.19b–4(f)(6)(iii). As required under among market participants, to the Rule 19b–4(f)(6)(iii), the Exchange provided the 31 17 CFR 240.19b–4(f)(6)(iii). benefit of investors and the marketplace. Commission with written notice of its intent to file 32 See note 21, supra. As noted above, the Exchange has in the proposed rule change, along with a brief 33 For purposes only of waiving the 30-day place surveillance procedures relating to description and text of the proposed rule change, operative delay, the Commission has also at least five business days prior to the date of filing considered the proposed rule’s impact on trading in the Shares and may obtain of the proposed rule change, or such shorter time efficiency, competition, and capital formation. See information via ISG from other as designated by the Commission. 15 U.S.C. 78c(f). exchanges that are members of ISG or 30 17 CFR 240.19b–4(f)(6). 34 15 U.S.C. 78s(b)(2)(B).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51730 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Comments may be submitted by any of SECURITIES AND EXCHANGE publishing this notice to solicit the following methods: COMMISSION comment on Amendment No. 1 to the proposed rule change from interested Electronic Comments [Release No. 34–84373; File No. SR–ISE– 2018–56] persons and is approving the proposed • Use the Commission’s internet rule change, as modified by Amendment comment form (http://www.sec.gov/ Self-Regulatory Organizations; Nasdaq No. 1, on an accelerated basis. rules/sro.shtml); or ISE, LLC; Notice of Filing of II. Description of the Proposed Rule Amendment No. 1 and Order Granting • Send an email to rule-comments@ Change, as Modified by Amendment Accelerated Approval of a Proposed sec.gov. Please include File Number SR– No. 1 Rule Change, as Modified by NYSEArca–2018–73 on the subject line. Amendment No. 1, To Amend Its Rules As described more fully in the Notice, Paper Comments Relating to Complex Orders the proposal modifies ISE’s rules to provide additional detail regarding the • Send paper comments in triplicate October 5, 2018. trading of Complex Orders on ISE. to Secretary, Securities and Exchange I. Introduction A. Definitions Commission, 100 F Street NE, Washington, DC 20549–1090. On June 22, 2018, Nasdaq ISE, LLC The proposal revises ISE Rule 722(a) (‘‘ISE’’ or the ‘‘Exchange’’) filed with the to add new defined terms and modify All submissions should refer to File Securities and Exchange Commission existing defined terms relating to Number SR–NYSEArca–2018–73. This (‘‘Commission’’), pursuant to Section Complex Orders. The proposal defines file number should be included on the 19(b)(1) of the Securities Exchange Act ‘‘Complex Order’’ to include Complex subject line if email is used. To help the of 1934 (‘‘Act’’) 1 and Rule 19b–4 Options Orders, Stock-Option Orders, Commission process and review your thereunder,2 a proposed rule change to and Stock-Complex Orders.7 Complex comments more efficiently, please use provide additional detail to its rules Options Orders, Stock-Option Orders, only one method. The Commission will governing the trading of Complex and Stock-Complex Orders refer to post all comments on the Commission’s Orders. The proposed rule change was orders for a Complex Options Strategy,8 internet website (http://www.sec.gov/ published for comment in the Federal rules/sro.shtml). Copies of the Register on July 9, 2018.3 The in any series underlying the Complex Order being submission, all subsequent Commission received no comments exposed; (8) clarify the description of the execution of Stock-Option and Stock Complex Orders in amendments, all written statements regarding the proposal. On August 10, proposed ISE Rule 722, Supplementary Material with respect to the proposed rule 2018, pursuant to Section 19(b)(2) of the .02; (9) revise proposed ISE Rule 722, change that are filed with the Act,4 the Commission extended the time Supplementary Material .08(e) to indicate that Commission, and all written for Commission action on the proposal Complex QCC Orders may be entered in $0.01 5 increments; (10) delete provisions in ISE Rule 722 communications relating to the until October 5, 2018. ISE filed indicating that ISE will recommence the proposed rule change between the Amendment No. 1 to the proposal on functionality that permits concurrent auctions for Commission and any person, other than October 1, 2018.6 The Commission is the same complex strategy by April 17, 2019, and those that may be withheld from the add proposed ISE Rule 722, Supplementary 1 Material .08(g) to indicate the auctions for the same public in accordance with the 15 U.S.C. 78s(b)(1). complex strategy will not operate concurrently; (11) provisions of 5 U.S.C. 552, will be 2 17 CFR 240.19b–4. add proposed ISE Rule 722, Supplementary available for website viewing and 3 See Securities Exchange Act Release No. 83576 Material .08(h) to indicate that an auction for a printing in the Commission’s Public (July 2, 2018), 83 FR 31783 (‘‘Notice’’). complex strategy and an auction for a component 4 15 U.S.C. 78s(b)(2). leg of the complex strategy may operate Reference Room, 100 F Street NE, 5 See Securities Exchange Act Release No. 83818 concurrently; (12) indicate in proposed ISE Rule Washington, DC 20549, on official (August 10, 2018), 83 FR 40800 (August 16, 2018). 722, Supplementary Material .13 to indicate that the business days between the hours of 6 Amendment No. 1 revises the proposal to: (1) stock leg of a stock-option order must be marked 10:00 a.m. and 3:00 p.m. Copies of the Discontinue Reserve Complex Orders; (2) indicate ‘‘buy,’’ ‘‘sell,’’ ‘‘sell short,’’ or ‘‘sell short exempt,’’ in compliance with Regulation SHO under the Act; filing also will be available for in proposed ISE Rule 722(c)(2) that complex strategies will not be executed at prices inferior to (13) provide a new example illustrating customer inspection and copying at the principal the best net price achievable from the best net price priority and the execution of a Complex Order; (14) office of the Exchange. All comments on ISE for the individual legs of the strategy; (3) indicate that ISE does not manage and curtail its received will be posted without change. indicate in proposed ISE Rule 722(d)(2) that functionality for executing a complex strategy against leg market interest; (15) add references to Persons submitting comments are complex strategies will execute against Priority Customer interest on the single leg book at the same the NBBO and the underlying stock in proposed ISE cautioned that we do not redact or edit price before executing against interest on the Rule 722, Supplementary Material .07(a); (16) personal identifying information from Complex Order Book; (4) indicate in proposed ISE provide additional discussion of the rationale for comment submissions. You should Rule 722, Supplementary Material .01(b)(ii) that an permitting a Trade Value Allowance of any amount when a Complex Order executes in an auction and submit only information that you wish exposure period will end immediately when a Complex Order for the same complex strategy on does not trade solely with its contra-side order; and to make available publicly. All either side of the market becomes marketable (17) make several technical corrections to the submissions should refer to File against interest on the Complex Order Book or bids proposal. Amendment No. 1 is available at https:// Number SR–NYSEArca–2018–73, and and offers in the leg market; (5) revise proposed ISE www.sec.gov/comments/sr-ise-2018-56/srise201856- 4467038-175833.pdf. should be submitted on or before Rules 722, Supplementary Material .01(b)(iii) and .08(c)(4)(vi) to describe the sequence of executions 7 See proposed ISE Rule 722(a)(5). November 2, 2018. when an incoming Complex Order causes the early 8 A Complex Options Strategy is the simultaneous For the Commission, by the Division of termination of a complex exposure auction and an purchase and/or sale of two or more different auction for one of the component legs of the options series in the same underlying security, for Trading and Markets, pursuant to delegated complex strategy; (6) revise proposed ISE Rule 722, the same account, in a ratio that is equal to or 35 authority. Supplementary Material .01(c) to indicate that at greater than one-to-three (.333) and less than or Eduardo A. Aleman, the end of the exposure period, the interest against equal to three-to-one (3.00) and for the purpose of which the exposed order executes includes bids executing a particular investment strategy. Only Assistant Secretary. and offers on the Complex Order Book and for the those Complex Options Strategies with no more [FR Doc. 2018–22208 Filed 10–11–18; 8:45 am] individual legs that arrived during the exposure than the applicable number of legs, as determined BILLING CODE 8011–01–P period; (7) revise proposed ISE Rule 722, by the Exchange on a class-by-class basis, are Supplementary Material .01(d) to indicate that an eligible for processing. See proposed ISE Rule exposure process will terminate immediately 722(a)(1). ISE will determine the applicable number 35 17 CFR 200.30–3(a)(12). without an execution if a trading halt is initiated of legs for Complex Options Strategies and Stock-

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51731

a Stock-Option Strategy,9 and a Stock- Market Complex Order; 16 Limit Order; 29 and Complex QCC with Stock Complex Strategy,10 respectively.11 The Complex Order; 17 All-or-None Complex Order.30 The order types and term ‘‘complex strategy’’ includes Order; 18 Attributable Complex Order; 19 designations for Complex Orders in Complex Options Strategies, Stock- Customer Cross Complex Order; 20 proposed ISE Rule 722(b) are based on Option Strategies, and Stock-Complex Qualified Contingent Cross Complex order types and designations currently Strategies.12 ISE believes that the Order; 21 Day Complex Order; 22 Fill-or- provided in ISE Rule 715 for regular definitions will help to clarify whether Kill Complex Order; 23 Immediate-or- orders.31 The proposal also amends ISE provisions in its rules apply only to Cancel Complex Order; 24 Opening Only Rule 715(k) to indicate that legging 25 Complex Options Strategies, only to Complex Order; Good-Till-Date orders are generated only for Complex 26 Stock-Option Strategies, only to Stock- Complex Order; Good-Till-Cancel Options Orders. 27 ISE originally proposed to include Complex Strategies, or to all three.13 Complex Order; Exposure Complex 28 Reserve Complex Orders in the order The proposal deletes from ISE Rule 722 Order; Exposure Only Complex types available for Complex Orders.32 In the definition of SSF-option order. ISE 16 A Market Complex Order is a Complex Order Amendment No. 1, ISE proposes to states that single stock futures have not to buy or sell a complex strategy that is to be discontinue offering Reserve Complex gained sufficient popularity among executed at the best price obtainable. If not Orders in the fourth quarter of 2018.33 investors to support a SSF-option executable upon entry, such orders will rest on the Complex Order Book unless designated as fill-or- product, and that ISE has never received kill or immediate-or-cancel. See proposed ISE Rule Supplementary Material .01 to Rule 722 if eligible, a SSF-option order.14 722(b)(1). or entered on the complex order book if not eligible. 17 A Limit Complex Order is a Complex Order to Any unexecuted balance of an Exposure Complex B. Order Types buy or sell a complex strategy that is entered with Order remaining upon the completion of the a limit price expressed as a net purchase or sale exposure process will be entered on the complex New ISE Rule 722(b) 15 identifies the price for the components of the order. See proposed order book. See proposed ISE Rule 722(b)(14). following order types and designations ISE Rule 722(b)(2). 29 An Exposure Only Complex Order is an order 18 A Complex Order may be designated as an All- that will be exposed upon entry as provided in that are available for Complex Orders: or-None Order that is to be executed in its entirety Supplementary Material .01 to Rule 722 if eligible, or not at all. An All-Or-None Order may only be or cancelled if not eligible. Any unexecuted balance Complex Strategies on a class-by-class basis. See entered as an Immediate-or-Cancel Order. See of an Exposure Only Complex Order remaining Notice, 83 FR at 31784. ISE notes that, by proposed ISE Rule 722(b)(3). upon the completion of the exposure process will definition, Stock-Option Strategies will have only 19 A Market or Limit Complex Order may be be cancelled. See proposed ISE Rule 722(b)(15). 30 one option leg and one stock leg. See id. at 31784, designated as an Attributable Order as provided in A Complex QCC with Stock Order is a n.3. Rule 715(h). See proposed ISE Rule 722(b)(5). Qualified Contingent Cross Complex Order, as 20 defined in Rule 722(b)(7), entered with a stock 9 A Stock-Option Strategy is the purchase or sale A Customer Cross Complex Order is comprised component to be communicated to a designated of a stated number of units of an underlying stock of a Priority Customer Complex Order to buy and broker-dealer for execution pursuant to or a security convertible into the underlying stock a Priority Customer Complex Order to sell at the same price and for the same quantity. Such orders Supplementary Material .08(f) to Rule 722. See (‘‘convertible security’’) coupled with the purchase proposed ISE Rule 722(b)(16). or sale of options contract(s) on the opposite side will trade in accordance with Supplementary 31 See Notice, 83 FR at 31785. of the market representing either (A) the same Material .08(d) to this Rule 722. See proposed ISE 32 number of units of the underlying stock or Rule 722(b)(6). Proposed ISE Rule 722(b)(4) provided that: A convertible security, or (B) the number of units of 21 A Complex Options Order may be entered as Limit Complex Order may be designated as a the underlying stock necessary to create a delta a Qualified Contingent Cross Order, as defined in Reserve Order that contains both a displayed portion and a non-displayed portion. (i) Both the neutral position, but in no case in a ratio greater Rule 715(j). Qualified Contingent Cross Complex displayed and non-displayed portions of a Reserve than eight-to-one (8.00), where the ratio represents Orders will trade in accordance with Complex Order are available for potential execution the total number of units of the underlying stock Supplementary Material .08(e) to this Rule 722. See against incoming marketable orders or quotes. A or convertible security in the option leg to the total proposed ISE Rule 722(b)(7). 22 non-marketable Reserve Complex Order will rest on number of units of the underlying stock or A Complex Order may be designated as a Day Order that if not executed, expires at the end of the the complex order book. (ii) The displayed portion convertible security in the stock leg. See proposed of a Reserve Complex Order shall be ranked at the Rule 722(a)(2). day on which it was entered. See proposed ISE Rule 722(b)(8). specified limit price and the time of order entry. 10 A Stock-Complex Strategy is the purchase or 23 (iii) The displayed portion of a Reserve Complex sale of a stated number of units of an underlying A Complex Order may be designated as a Fill- or-Kill Order that is to be executed in its entirety Order will trade in accordance with Rule 722(d). stock or a security convertible into the underlying (iv) When the displayed portion of a Reserve stock (‘‘convertible security’’) coupled with the as soon as it is received and, if not so executed, cancelled. See proposed ISE Rule 722(b)(9). Complex Order is decremented, either in full or in purchase or sale of a Complex Options Strategy on part, it shall be refreshed from the non-displayed 24 A Complex Order may be designated as an the opposite side of the market representing either portion of the resting Reserve Complex Order. If the Immediate-or-Cancel Order that is to be executed in (A) the same number of units of the underlying displayed portion is refreshed in part, the new whole or in part upon receipt. Any portion not so stock or convertible security, or (B) the number of displayed portion shall include the previously executed is cancelled. See proposed ISE Rule units of the underlying stock necessary to create a displayed portion. Upon any refresh, the entire 722(b)(10). delta neutral position, but in no case in a ratio displayed portion shall be ranked at the specified 25 greater than eight-to-one (8.00), where the ratio An Opening Only Complex Order is a Limit limit price and obtain a new time stamp, i.e., the represents the total number of units of the Complex Order that may be entered for execution time that the new displayed portion of the order underlying stock or convertible security in the during the Complex Opening Process described in was refreshed. The new displayed portion will option legs to the total number of units of the Supplementary Material .10 to Rule 722. Any trade in accordance with Rule 722(d). (v) The initial portion of the order that is not executed during the underlying stock or convertible security in the stock non-displayed portion of a Reserve Complex Order Complex Opening Process is cancelled. See leg. Only those Stock-Complex Strategies with no rests on the complex order book and is ranked proposed ISE Rule 722(b)(11). more than the applicable number of legs, as based on the specified limit price and time of order 26 determined by the Exchange on a class-by-class A Good-Till-Date Complex Order is an order to entry. Thereafter, non-displayed portions, if any, basis, are eligible for processing. See proposed ISE buy or sell which, if not executed, will be cancelled always obtain the same time stamp as that of the at the sooner of the end of the expiration date Rule 722(a)(3). new displayed portion in subparagraph (iv) above. assigned to the Complex Order, or the expiration of 11 The non-displayed portion of any Reserve Complex See proposed ISE Rule 722(a)(5). any individual series comprising the order. See 12 Order is available for execution only after all See proposed ISE Rule 722(a)(4). proposed ISE Rule 722(b)(12). displayed interest on the complex order book has 13 See Notice, 83 FR at 31784. 27 A Good-Till-Cancel Complex Order is an order been executed. Thereafter, the non-displayed 14 See id. ISE also proposes to delete current ISE to buy or sell that remains in force until the order portion of any Reserve Complex Order will trade in Rule 722, Supplementary Material .01, which is filled, canceled or any series of the order expires; accordance with Rule 722(d). (vi) Only the references SSF-option orders and includes outdated provided, however, that a Good-Till-Cancel displayed portion of a Reserve Complex Order is language relating to Stock-Option and Stock- Complex Order will be cancelled in the event of a eligible to be exposed for price improvement Complex Orders. ISE will file a proposed rule corporate action that results in an adjustment to the pursuant to Rule 722(d)(1) and Supplementary change with the Commission if it decides to offer terms of any series underlying the Complex Order. Material .01 to Rule 722. SSF-option orders in the future. See id. See proposed ISE Rule 722(b)(13). 33 See Amendment No. 1. In connection with this 15 The proposal renumbers current ISE Rule 28 An Exposure Complex Order is an order that change, the proposal deletes references to Reserve 722(b) as ISE Rule 722(c). will be exposed upon entry as provided in Continued

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51732 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

ISE will continue to offer Reserve flexibility provided in proposed ISE strategies will not be executed at prices Orders in the single leg order book.34 Rule 722(c)(1), the individual options inferior to the best net price achievable ISE states that it does not receive a high and stock legs of a Complex Order must from the best ISE bids and offers for the volume of Reserve Complex Orders and trade in increments allowed by the individual legs.47 believes that it is not necessary to offer Commission in the options and equities 3. Complex Order Executions Reserve Complex Orders because there markets.42 is no great demand for this order type.35 The proposal renumbers ISE Rule 2. Complex Order Priority ISE notes that it offers a variety of order 722(b)(3) as ISE Rule 722(d) and, for types to its market participants and does The proposal revises the Complex clarity, states that complex strategies are not believe that discontinuing Reserve Order priority provisions in current ISE not executable unless all of the terms of Complex Orders will disadvantage Rule 722(b)(2) (renumbered ISE Rule the strategy can be satisfied and the market participants when they submit 722(c)(2)) to make several non- options legs can be executed at prices Complex Orders.36 In addition, ISE substantive clarifying changes, that comply with the provisions of states that other options exchanges do including re-formatting the rule into proposed ISE Rule 722(c)(2).48 In not offer Reserve Complex Orders.37 ISE three paragraphs and incorporating new addition, proposed ISE Rule 722(d) will issue an Options Trader Alert to defined terms into the rule text.43 As more clearly reflects the sequence in members indicating the date when described more fully in the Notice, which complex strategies are processed. Reserve Complex Orders will no longer under proposed ISE Rule 722(c)(2), the First, eligible Complex Orders are be offered.38 legs of a complex strategy with multiple exposed for price improvement for a options legs (i.e., Complex Options period of up to one second as provided C. Trading of Complex Orders and Strategies and Stock-Complex Strategies in ISE Rule 722, Supplementary Quotes with more than one options component) Material .01.49 Second, Complex Orders Proposed ISE Rule 722(c) (formerly may be executed at the same price as are matched against other interest in the ISE Rule 722(b)) states that complex bids and offers on ISE for the individual Complex Order Book, if possible.50 strategies will be subject to all other ISE series so long as there are no Priority However, executable Complex Orders rules that pertain to orders and quotes Customer Orders on ISE at those will execute against Priority Customer generally, except as otherwise provided prices.44 If one options leg of such a interest on the single leg book at the in ISE Rule 722. strategy improves upon the best price same price before executing against the available on the Exchange, then the Complex Order Book.51 Thus, Priority 1. Minimum Increments other leg(s) of the complex strategy may Customer Orders on the single leg order Bids and offers for Complex Options trade at the same price as Priority book will retain priority and will Strategies may be expressed in $0.01 Customer interest.45 The option leg of a execute prior to any other Complex increments, and the option(s) legs of Stock-Option Strategy may be executed Order or non-Priority Customer single Complex Options Strategies, Stock- at the same price as bids and offers on leg interest at the same price.52 Third, Option Strategies, and Stock-Complex ISE for the individual series established Complex Orders are executed against Strategies may be executed in $0.01 by Professional Orders and market bids and offers on ISE for the individual increments, regardless of the minimum maker quotes, but not at the same price series, if possible.53 increments otherwise applicable to the as Priority Customer Orders for the The proposal also adds new ISE Rule individual options legs of the order.39 individual series.46 Proposed ISE Rule 722(d)(4), which indicates that, similar Bids and offers for Stock-Option 722(c)(2) also states that complex to the treatment of orders in the regular Strategies or Stock-Complex Strategies market, complex strategies that are not may be expressed in any decimal price 42 See id. The proposal makes corresponding executable may rest on the Complex determined by ISE, and the stock leg of changes to ISE Rule 722, Supplementary Material Order Book until they become a Stock-Option Strategy or Stock- .07(b). ISE Rule 722, Supplementary Material .07(b), executable.54 The proposal retains, as proposed to be amended, states that the System Complex Strategy may be executed in will reject orders and quotes for a complex strategy without substantive changes, provisions any decimal price permitted in the where all legs are to buy if entered at a price that in current ISE Rule 722(b)(3) that equity market.40 ISE states that smaller is less than the minimum net price, which is specify the manner in which bids and minimum increments are appropriate calculated as the sum of the ratio on each leg of the offers at the same price on the Complex for Complex Orders that contain a stock complex strategy multiplied by the minimum increment applicable to that leg pursuant to Rule Order Book may be allocated and component because the stock 722(c)(1). ISE notes that the revised rule reflects certain restrictions on Complex Order component may trade at finer decimal that the stock leg(s) of a Stock-Option or Stock- executions against leg market interest.55 increments permitted by the equity Complex Strategy may be entered in any decimal market.41 ISE notes that even with the price determined by ISE. For example, an order to 4. Complex Order Exposure Process buy a share of stock and two call options would have a minimum price of $0.0201—i.e., $0.02 for Current ISE Rule 722(b)(3)(iii) Complex Orders in the following proposed rules: two options legs and $0.0001 for the stock leg. See provides that Complex Orders marked Proposed ISE Rule 722(b)(4); proposed ISE Rule Notice, 83 FR at 31786. The proposal also amends for price improvement Complex orders 722(c)(2)(iv); proposed ISE Rule 722, ISE Rule 710 to reference the quoting and trading will be exposed on the Complex Order Supplementary Material .11(vi); and proposed ISE increments for Complex Strategies specified in Rule 722, Supplementary Material .12(b). proposed ISE Rule 722(c)(1). Book for a period of up to one second 34 See id. 43 See Notice, 83 FR at 31786–7. before being automatically executed 35 See id. 44 See Notice, 83 FR at 31786. Pursuant to ISE against pre-existing interest to provide 36 See id. Rules 100(a)(49) and (50), a Priority Customer Order 37 See id. is an order for the account of a person or entity that 47 See Amendment No. 1. 38 ISE states that it will notify members in (i) is not a broker or dealer in securities; and (ii) 48 See Amendment No. 1. October of the anticipated discontinuation of does not place more than 390 orders in listed 49 See proposed ISE Rule 722(d)(1). Reserve Complex Orders in 2018. See id. options per day on average during a calendar month 50 See proposed ISE Rule 722(d)(2). 39 See proposed ISE Rule 722(c)(1). for its own beneficial account(s). See id. at 3178 6, 51 40 See id. ISE will communicate the minimum n. 12. See id. and Amendment No. 1. 52 increment for Stock-Option Strategies and Stock- 45 See Notice, 83 FR at 31786 and proposed ISE See id. Complex Strategies to members via Options Trader Rule 722(c)(2). 53 See proposed ISE Rule 722(d)(2). Alert. See Notice, 83 FR at 31786, n. 10. 46 See id. at 31786–7 and proposed ISE Rule 54 See Notice, 83 FR at 31787. 41 See Notice, 83 FR at 31786. 722(c)(2). 55 See proposed ISE Rules 722(d)(2) and (3).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51733

an opportunity for market participants market, the Complex Order will be value determined by ISE and announced to enter contra-side Complex Orders automatically executed to the greatest to members.70 However, any amount of that provide price improvement. At the extent possible pursuant to proposed Trade Value Allowance is permitted for end of the display period, contra-side ISE Rule 722(d)(2)–(3), taking into an order executed in an auction orders are executed in price priority and consideration: (i) Bids and offers on the pursuant to ISE Rule 722, in time priority at the same price. The Complex Order Book, including interest Supplementary Material .08 that does proposal replaces this provision with received during the exposure period, (ii) not trade solely with its contra-side proposed ISE Rule 722, Supplementary bids and offers on ISE for the individual order.71 ISE notes that its auction Material .01, which describes an auction options series, including interest mechanisms provide an opportunity for process for Complex Orders. Under received during the exposure period, market participants to respond with proposed ISE Rule 722, Supplementary and (iii) Responses received during the better priced interest that could execute Material .01, a member may designate exposure period, provided that when against an Agency Order.72 In the for exposure a Complex Order that allocating pursuant to proposed ISE interest of maintaining a fair and improves upon the best price for the Rule 722(d)(2)(iii), Responses are competitive market, ISE believes that it same complex strategy on the Complex allocated pro-rata based on size.62 Any is appropriate to ensure that crosses Order Book.56 Market participants may unexecuted balance will be placed on entered into an auction mechanism that enter Exposure Complex Orders or the Complex Order Book (or cancelled are broken up due to better priced Exposure Only Complex Orders.57 Upon in the case of an Exposure Only interest are actually executed against entry of an eligible Complex Order, ISE Complex Order).63 such better priced interest, and are not will send a broadcast message that 5. Trade Value Allowance restricted from trading to due to the includes net price or at market, size, and Trade Value Allowance settings of one side, and Members will be able to enter The Trade Value Allowance provided or more members.73 Otherwise, an Responses with the prices and sizes at in proposed ISE Rule 722, Agency Order in an auction mechanism which they are willing to participate in Supplementary Material .09 is a could be forced to forgo a guaranteed the execution of the Complex Order.58 functionality that allows Stock-Option execution with the negotiated contra- During the exposure period, ISE will Strategies and Stock-Complex Strategies side party without the benefit of trading broadcast the best Response price and to trade outside of their expected at a better price with other market the aggregate size of Responses available notional trade value by a specified participants.74 Because the Trade Value at that price.59 The exposure period will amount (the ‘‘Trade Value Allowance is the result of a rounding Allowance’’).64 ISE states that after end immediately upon receipt of certain error, ISE believes that any amount of calculating the appropriate options unrelated Complex Orders for the same error allowed in these circumstances 60 match price for a Stock-Option or Stock- complex strategy, or if a trading halt would be miniscule compared to the Complex Order expressed in a valid one is initiated in any series underlying the value of the trade.75 Complex Order during the exposure cent increment, its trading system period.61 At the end of the exposure calculates the corresponding stock D. Complex Opening and Re-Opening period, if the Complex Order still match price rounded to the increment Process and Complex Uncrossing improves upon the best price for the supported by the equity market.65 In a Process complex strategy on the same side of the small subset of cases, this rounding may After each of the individual result in a small difference between the component legs have opened, or 56 See proposed ISE Rule 722, Supplementary expected notional value of the trade and reopened following a trading halt, 66 Material .01(a). Incoming orders will not be eligible the actual trade value. ISE states that Complex Options Strategies will be to be exposed if there are market orders on the its members generally prefer not to forgo opened pursuant to the Complex Complex Order Book on the same side of the market an execution for their Stock-Option for the same complex strategy. See id. Opening Price Determination described Strategies and Stock Complex Strategies 57 See notes 28 and 29, supra. in proposed ISE Rule 722, 58 See proposed ISE Rule 722, Supplementary when there is a Trade Value Allowance Supplementary Material .11, and Stock- Material .01(b). Responses are only executable because the amount of the rounding is Option Strategies and Stock-Complex against the Complex Order with respect to which miniscule compared to the total value of Strategies will be opened pursuant to they are entered, can be modified or withdrawn at the trade.67 Members may opt out of the the Complex Uncrossing Process any time prior to the end of the exposure period, Trade Value Allowance if they do not and will be considered up to the size of the described in proposed ISE Rule 722, want their orders to be executed when Complex Order being exposed. At the conclusion of Supplementary Material .12(b).76 the exposure period, any unexecuted balance of a there is a Trade Value Allowance of any Response will be cancelled automatically. See amount.68 In those cases, ISE will 1. Complex Opening and Re-Opening proposed ISE Rule 722, Supplementary Material .01(b)(i). strictly enforce the net price marked on Process 69 59 See id. the order. ISE opens Complex Options Strategies 60 The exposure period for a Complex Order will The amount of Trade Value in an opening process that attempts to end immediately: (A) Upon the receipt of a Allowance permitted may be execute Complex Orders and quotes on Complex Order or quote for the same complex determined by the member, or a default strategy on either side of the market that is the Complex Order Book at a single marketable against the Complex Order Book or bids price that is within Boundary Prices that 62 See proposed ISE Rule 722, Supplementary and offers for the individual legs; (B) upon the Material. 01(c) and Amendment No. 1. receipt of a non-marketable Complex Order or quote 63 See id. 70 See proposed ISE Rule 722, Supplementary for the same complex strategy on the same side of Material .09. the market that would cause the price of the 64 The Trade Value Allowance is the percentage 71 See id. exposed Complex Order to be outside of the best difference between the expected notional value of 72 bid or offer for the same complex strategy on the a trade and the actual notional value of the trade. See Amendment No. 1. Complex Order Book; or (C) when a resting See proposed ISE Rule 722, Supplementary 73 See id. Complex Order for the same complex strategy Material .09. 74 See id. becomes marketable against interest on the 65 See Notice, 83 FR at 31793. 75 See id. 66 Complex Order Book or bids and offers for See id. 76 See proposed ISE Rule 722, Supplementary individual legs of the same complex strategy. 67 See id. Material .10. The Complex Opening Process is 61 See proposed ISE Rule 722, Supplementary 68 See id. described in greater detail in the Notice, 83 FR at Material. 01(d). 69 See id. 31793–5.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51734 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

are constrained by the NBBO for the Opening Price is at or within the Process supports the trading of individual legs.77 Bids and offers for the Boundary Prices, the Potential Opening additional interest and will thereby individual legs of a complex strategy are Price becomes the Opening Price.82 If provide another opportunity for not eligible to participate in the the Potential Opening Price is not at or Complex Orders and quotes to be Complex Opening Price Determination, within the Boundary Prices, the executed in the Complex Opening although they may participate in the Opening Price will be the price closest Process.88 ISE notes that there may be Complex Uncrossing Process.78 If the to the Potential Opening Price that additional interest on the Complex best bid for a complex strategy does not satisfies the maximum quantity criteria Order Book that could trade, for lock or cross the best offer, there will be without leaving unexecuted contracts example, by legging to access liquidity no trade in the Complex Opening Price on the bid or offer side of the market at on the regular order book.89 In addition, Determination and the complex strategy that price and is at or within the ISE notes that trades during the will open pursuant to the Complex Boundary Prices.83 If the bid Boundary Complex Uncrossing Process are not Uncrossing Process described in ISE Price is higher than the offer Boundary constrained by the NBBO for the Rule 722, Supplementary Material Price, or if no valid Opening Price can individual legs and can instead trade at .12(b).79 be found at or within the Boundary prices permitted under ISE Rule 722, If the best bid for a complex strategy Prices, there will be no trade in the Supplementary Material .07, which locks or crosses the best offer, the Complex Opening Price Determination allows the legs of a complex strategy to system will calculate the Potential and the complex strategy will open trade through the NBBO for the Opening Price by identifying the pursuant to the Complex Uncrossing individual legs by a configurable price(s) at which the maximum number Process described in proposed amount.90 ISE therefore continues the of contracts can trade (‘‘maximum Supplementary Material .12(b) to Rule opening process by performing an quantity criterion’’) taking into 722.84 uncrossing if the Complex Opening consideration all eligible interest.80 The When an execution is possible during Price Determination fails to discover an proposal also provides a method for the Complex Opening Price appropriate execution price (for determining the Potential Opening Price Determination, the system gives priority example, if no valid Opening Price can when two or more Potential Opening first to Market Complex Orders, then to be found at or within the Boundary Prices would satisfy the maximum resting Limit Complex Orders and Prices) or where there continues to be quantity criterion.81 If the Potential quotes on the Complex Order Book, interest that is locked or crossed after with priority given to better priced Complex Orders and quotes are 77 See Notice, 83 FR at 31793. The system interest.85 The allocation provisions of executed in the Complex Opening Price calculates Boundary Prices at or within which proposed ISE Rule 722(d)(2) apply with Determination.91 Complex Orders and quotes may be executed during the Complex Opening Price Determination respect to Complex Orders and quotes at 86 2. Complex Uncrossing Process based on the NBBO for the individual legs; the same price. provided that, if the NBBO for any leg includes a If the Complex Order Book remains The Complex Uncrossing Process is Priority Customer order on the Exchange, the locked or crossed following the process used during the Complex Opening system adjusts the Boundary Prices according to described in proposed ISE Rule 722, proposed ISE Rule 722(c)(2). See proposed ISE Rule Process, as described above, and during 722, Supplementary Material .11(d)(i). Supplementary Material .12(d)(i)–(v), regular trading when a resting Complex 78 See proposed ISE Rule 722, Supplementary the system will process any remaining Order or quote that is locked or crossed Material .11(b) and (d)(vi). ISE states that the Complex Orders and quotes, including with other interest becomes Complex Opening Price Determination considers Opening Only Complex Orders, in executable.92 During the Complex only interest on the Complex Order Book because the process is designed to promote price discovery accordance with the Complex Uncrossing Process, ISE’s system for the complex strategy. See Notice, 83 FR at Uncrossing Process described in identifies the oldest Complex Order or 31794. proposed ISE Rule 722, Supplementary quote among the best priced bids and 79 See proposed ISE Rule 722, Supplementary Material .12(b).87 ISE believes that it is offers on the Complex Order Book and Material .11(c). appropriate to open with a Complex 80 See proposed ISE Rule 722, Supplementary matches that order or quote pursuant to Material .11(d)(ii). Eligible interest during the Uncrossing Process when the Complex proposed ISE Rule 722(d)(2)–(3) with Complex Opening Price Determination includes Order Book is not executable in the resting contra-side interest on the Complex Orders and quotes on the Complex Order Complex Opening Price Determination Complex Order Book and, for Complex Book. See proposed ISE Rule 722, Supplementary because the Complex Uncrossing Material .11(b). Orders, bids and offers for the 81 When two or more Potential Opening Prices individual legs of the complex would satisfy the maximum quantity criterion: (A) the market, the limit price of the highest (lowest) strategy.93 This process is repeated until Without leaving unexecuted contracts on the bid or priced Limit Complex Order or quote is the Potential Opening Price; and (D) if there are only the Complex Order Book is no longer offer side of the market of Complex Orders and executable.94 quotes to be traded at those prices, the system takes Market Complex Orders on both sides of the market, or if there are Market Complex Orders on the bid the highest and lowest of those prices and takes the ISE states that the Complex (offer) side of the market for greater than the total mid-point; provided that (1) if the highest and/or Uncrossing Process provides an efficient size of Complex Orders and quotes on the offer (bid) lowest price described above is through the price side of the market, there will be no trade in the of a bid or offer that is priced to not allocate in the 88 Complex Opening Price Determination and the See Notice, 83 FR at 31794. Complex Opening Price Determination, the highest complex strategy will open pursuant to the 89 See id. and/or lowest price will be rounded to the price of Complex Uncrossing Process described in 90 See id. such bid or offer that is priced to not allocate before Supplementary Material .12(b) to Rule 722. See 91 taking the mid-point, and (2) if the mid-point is not See id. proposed ISE Rule 722, Supplementary Material 92 See id. expressed as a permitted minimum trading .11(d)(iii). increment, it will be rounded down to the nearest 93 See proposed ISE Rule 722, Supplementary 82 See proposed ISE Rule 722, Supplementary permissible minimum trading increment; or (B) Material .12(b)(i) and (ii). A Complex Order entered Material .12(d)(iv). with an instruction that it must be executed at a leaving unexecuted contracts on the bid (offer) side 83 of the market of Complex Orders and quotes to be See id. price that is equal to or better than the NBBO is 84 traded at those prices, the Potential Opening Price See id. considered based on its actual limit or market price is the highest (lowest) executable bid (offer) price. 85 See proposed ISE Rule 722, Supplementary and not the price of the NBBO for the component Notwithstanding the foregoing: (C) If there are Material .12(d)(v). legs. See proposed ISE Rule 722, Supplementary Market Complex Orders on the bid (offer) side of 86 See id. Material .12(b)(i). the market that would equal the full quantity of 87 See proposed ISE Rule 722, Supplementary 94 See proposed ISE Rule 722, Supplementary Complex Orders and quotes on offer (bid) side of Material .12(d)(vi). Material .12(b)(iii).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51735

and fair way of determining how to applied the exposure requirement in ISE Facilitation Mechanism and the execute Complex Orders and quotes Rules 717(d) and (e) to the execution of Complex Solicited Order Mechanism when interest that is locked or crossed Complex Orders on the Complex Order operate in a similar manner, as becomes executable during regular Book, and that it has provided for the described below. trading.95 ISE notes that during the execution of Complex Orders using the Complex Orders must be entered into trading day there may be Complex Facilitation Mechanism, the Solicited the Complex Facilitation Mechanism or Orders and quotes on the Complex Order Mechanism, and the Price into the Complex Solicited Order Order Book that are locked or crossed Improvement Mechanism (‘‘PIM’’).101 Mechanism at a price that is (A) equal with other interest but that are not The proposal replaces current ISE Rules to or better than the best bid or offer on executable, for example, because the 716, Supplementary Material .08 the Complex Order Book on the same legs cannot be printed at permissible (describing the execution of Complex side of the market as the Agency Order; prices.96 When market conditions Orders in the Facilitation and Solicited and (B) equal to or better than the best change (e.g., the leg markets update) and Order Mechanisms) and 723, net price achievable from the best ISE these Complex Orders or quotes become Supplementary Material .09 (describing bids and offers for the individual legs on executable, the Exchange uses the the execution of Complex Orders in the the same side of the market as the Complex Uncrossing Process to execute PIM), with proposed ISE Rules 722, Agency Order; provided that, if there is Complex Orders or quotes against Supplementary Material .08(a), (b), and a Priority Customer order on the best resting contra-side interest.97 ISE (c), which describe the execution of bid or offer for any leg, the order must believes that describing this process in Complex Orders in these mechanisms in be entered at an improved price its rules is helpful to members and other greater detail. consistent with ISE Rule 722(c)(2).105 A market participants because it provides Complex Order that does not meet these 1. Complex Facilitation Mechanism and additional information about how Complex Solicited Order Mechanism requirements is not eligible for the Complex Orders and quotes are Complex Facilitation Mechanism or the executed when the Complex Order Book Proposed ISE Rule 722, Complex Solicited Order Mechanism becomes executable.98 Supplementary Material .08(a) provides and will be rejected.106 that an Electronic Access Member Upon the entry of a Complex Order E. Internalization and Crossing (‘‘EAM’’) may use the Complex into the Complex Facilitation For clarity, ISE proposes to amend ISE Facilitation Mechanism to facilitate a Mechanism or the Complex Solicited Rule 722 to specify that the block-size Complex Order it represents Order Mechanism, ISE will send a requirements of ISE Rules 722(d) and (e) as agent, and/or a transaction in which broadcast message that includes the net apply to Complex Orders.99 Proposed the EAM has solicited interest to price, side, and size of the Agency ISE Rule 722(c)(3) states that Complex execute against a block-size Complex Complex Order, and Members will have Orders represented as agent may be Order it represents as agent. Each an opportunity to enter Responses with executed (i) as principal as provided in options leg of a Complex Order entered the net prices and sizes at which they ISE Rule 717(d), or (ii) against orders into the Complex Facilitation want to participate in the facilitation of solicited from Members and non- Mechanism must meet the minimum the Agency Complex Order.107 The time member broker-dealers as provided in contract size requirement in ISE Rule given to enter Responses, which ISE ISE Rule 717(e). The rule further 716(d) (i.e., at least 50 contracts).102 An will designate via Options Trader Alert, provides that exposure requirements of EAM must be willing to execute the will be no less than 100 milliseconds ISE Rules 717(d) or (e) must be met on entire size of Complex Orders entered and no more than one second.108 the Complex Order Book unless the into the Complex Facilitation Responses are only executable against 103 order is executed in one of the Mechanism. the Complex Order with respect to mechanisms described in proposed The Complex Solicited Order which they are entered, and will only be Supplementary Material .08 to ISE Rule Mechanism allows an EAM to attempt 100 722. ISE notes that it has consistently to execute a Complex Order it 105 See proposed ISE Rule 722, Supplementary represents as agent (the ‘‘Agency Material .08(a)(1)(i) and (ii) and .08(b). 95 See Notice, 83 FR at 31796. Complex Order’’) against contra orders 106 See proposed ISE Rules 722, Supplementary 96 See id. that it solicited according to ISE Rule Material .08(a)(1) and .08(b)(1). In addition, a 97 See id. at 31796 and 31799. 716(e). Each Complex Order entered Complex Order entered into the Complex 98 See id. at 31799. Facilitation Mechanism or Complex Solicited Order into the Solicited Order Mechanism Mechanism will be rejected if any component of the 99 ISE Rule 717(d) states that Electronic Access must be designated as all-or-none, and Members (‘‘EAMs’’) may not execute as principal Complex Order has not opened for trading, or if orders they represent as agent unless (i) agency each options leg must meet the there is a trading halt in any series underlying the orders are first exposed on the Exchange for at least minimum contract size requirement Complex Order. If a trading halt is initiated after the one (1) second, (ii) the EAM has been bidding or order is entered into the Complex Facilitation contained in ISE Rule 716(e) (i.e., 500 or Mechanism, the auction will be automatically offering on the Exchange for at least one (1) second more contracts).104 The Complex prior to receiving an agency order that is executable terminated without execution. See proposed ISE against such bid or offer, or (iii) the Member utilizes Rules 722, Supplementary Material .08(a)(1) and the Facilitation Mechanism pursuant to Rule 101 See Notice, 83 FR at 31789. .08(b)(1). The priority rules in proposed ISE Rule 716(d), or (iv) the Member utilizes the Price 102 See proposed ISE Rule 722, Supplementary 722(c)(2) also may prevent the execution of a Improvement Mechanism for Crossing Transactions Material .08(a). Complex Order entered into the Facilitation pursuant to Rule 723. ISE 717(e) states that EAMs 103 See id. Mechanism, in which case the transaction will be cancelled. See proposed ISE Rule 722, may not execute orders they represent as agent on 104 See proposed ISE Rule 722, Supplementary Supplementary Material .08(a)(5)(iv). Similarly, an the Exchange against orders solicited from Members Material .08(b). Prior to entering Agency Orders into and non-member broker-dealers to transact with the Complex Solicited Order Mechanism on behalf Agency Complex Order entered into the Solicited such orders unless (i) the unsolicited order is first of a customer, EAMs must deliver to the customer Order Mechanism may execute against the solicited exposed on the Exchange for at least one (1) second, a written notification informing the customer that Complex Order only if, among other things, there (ii) the Member utilizes the Solicited Order its order may be executed using Nasdaq ISE’s are no Priority Customer Complex Orders or Mechanism pursuant to Rule 716(e), (iii) the Solicited Order Mechanism. Such written Responses that are priced equal to the proposed Member utilizes the Facilitation Mechanism notification must disclose the terms and conditions execution price. See proposed ISE Rule 722, pursuant to Rule 716(d) or (iv) the Member utilizes contained in ISE Rule 722, Supplementary Material Supplementary Material .08(b)(4)(i)(D). the Price Improvement Mechanism for Crossing .08(b) and must be in a form approved by the 107 See proposed ISE Rules 722, Supplementary Transactions pursuant to Rule 723. Exchange. See proposed ISE Rule 722, Material .08(a)(3) and .08(b)(3). 100 See proposed ISE Rule 722(c)(3). Supplementary Material .08(5). 108 See id.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51736 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

considered up to the size of the At the end of the period given for the entire Agency Complex Order at an Complex Order to be facilitated.109 entry of Responses in the Solicited improved net price(s).118 The proposed Responses must be entered in the Order Mechanism, an Agency Complex rule also specifies the allocation of increments provided in proposed ISE Order will be automatically executed in interest when the Agency Complex Rule 722(c)(1) at the facilitation price or full pursuant to proposed ISE Rule 722, Order executes against interest other the proposed net execution price, as Supplementary Material .08(b)(4)(i)–(iv), than the solicited Complex Order.119 or cancelled.115 The Agency Complex applicable, or at a price that is at least 2. Complex PIM one cent better for the Agency Order.110 Order will execute against the Solicited Responses will not be visible to other Complex Order or against other interest The Complex PIM allows an EAM to auction participants and can be depending on whether there is seek price improvement for a modified or deleted before the exposure insufficient size to execute the Agency transaction in which an EAM is period has ended.111 Order at an improved net price(s),116 facilitating a Complex Order it At the end of the period given for the sufficient Priority Customer interest to represents as agent, and/or a transaction entry of Responses in the Complex execute the entire Agency Complex in which the EAM has solicited interest Facilitation Mechanism, a facilitation order at the proposed net execution to execute against a Complex Order it order will be automatically executed as price,117 or sufficient size to execute the represents as agent (a ‘‘Crossing 120 provided in the proposed rule.112 The Transaction’’). A Crossing proposal also provides a guaranteed offers on the individual legs for the full size of the Transaction is comprised of the order allocation for the facilitating EAM,113 order; provided that with notice to members the the EAM represents as agent (the Exchange may determine whether to offer this ‘‘Agency Order’’) and a counter-side and allows the facilitating EAM to elect option only for Complex Options Orders, Stock- to automatically match the net price and Option Orders, and/or Stock Complex Orders. If a order for the full size of the Agency 121 size of Complex Orders, Responses, and member elects to auto-match, the facilitating EAM Order (the ‘‘Counter-Side Order’’). A quotes received during the exposure will be allocated its full size at each price point, or Complex Order must be entered into the at each price point within its limit price if a limit Complex PIM at a price that is better period up to a specified limit price or is specified, until a price point is reached where the without specifying a limit price.114 balance of the order can be fully executed. At such than the best net price (i) available on price point, the facilitating EAM will be allocated the Complex Order Book on both sides at least 40% (or such lower percentage requested by 109 See proposed ISE Rules 722, Supplementary of the market; and (ii) achievable from the member) of the original size of the facilitation Material .08(a)(4) and .08(b)(3). the best ISE bids and offers for the order, but only after Priority Customer Orders and 110 See id. Responses at such price point. Thereafter, individual legs on both sides of the 111 See proposed ISE Rules 722, Supplementary Professional Complex Orders and Responses, and market (an ‘‘improved net price’’).122 A Material .08(a)(5) and .08(b)(4). quotes at the price point will participate in the Complex Order that does not satisfy this 112 See proposed ISE Rule 722, Supplementary execution of the facilitation order based upon the requirement will be rejected.123 Material .08(a)(5). If an improved net price for the percentage of the total number of contracts available Complex Order being executed can be achieved at the facilitation price that is represented by the from Complex Orders, Responses, and quotes on the size of the Professional Complex Order or Response, 118 If at the time of execution there is sufficient Complex Order Book and, for Complex Options or quote. An election to automatically match better size to execute the entire Agency Complex Order at Orders, the ISE best bids and offers on the prices cannot be cancelled or altered during the an improved net price(s), the Agency Complex individual legs, the facilitation order will be exposure period. Order will be executed at the improved net price(s), and the solicited Complex Order will be cancelled, executed against such interest. See proposed ISE 115 See proposed ISE Rule 722, Supplementary provided that: (A) The execution net price is equal Rule 722, Supplementary Material .08(a)(5)(iv). If Material .08(b)(4). to or better than the best net price achievable from there is insufficient size to execute the entire 116 If at the time of execution there is insufficient the best ISE bids and offers for the individual legs, facilitation order at a better net price, Priority size to execute the entire Agency Complex Order at and (B) the Complex Order can be executed in Customer Complex Orders and Responses to buy an improved net price(s) pursuant to ISE Rule 722, accordance with ISE Rule 722(c)(2) with respect to (sell) at the time the facilitation order is executed Supplementary Material .08(b)(4)(iii), the Agency the individual legs. The aggregate size of all that are priced higher (lower) than the facilitation Complex Order will be executed against the Complex Orders, Responses, and quotes, and the price will be executed at the facilitation price. solicited Complex Order at the proposed execution aggregate size available from the best bids and offers Professional Complex Orders and Responses, and net price so long as, at the time of execution: (A) for the individual legs for a Complex Options quotes to buy (sell) at the time the facilitation order The execution net price is equal to or better than Order, will be used to determine whether the entire is executed that are priced higher (lower) than the the best net price achievable from the best ISE bids Agency Complex Order can be executed at an facilitation price will be executed at their stated and offers for the individual legs, (B) the Complex improved net price(s). See proposed ISE Rule 722, price, thereby providing the Complex Order being Order can be executed in accordance with ISE Rule Supplementary Material .08(b)(4)(iii). facilitated a better price for the number of contracts 722(c)(2) with respect to the individual legs, (C) the 119 Proposed ISE Rule 722, Supplementary associated with such higher bids (lower offers). See execution net price is equal to or better than the Material .08(b)(4)(iv) provides that when executing proposed ISE Rule 722, Supplementary Material best bid or offer on the Complex Order Book, and the Agency Complex Order against other interest in .08(a)(5)(i). (D) there are no Priority Customer Complex Orders accordance with proposed ISE Rule 722, 113 Proposed ISE Rule 722, Supplementary or Responses that are priced equal to the proposed Supplementary Material .08(b)(ii) and (iii), Priority Material .08(a)(5)(ii) provides that the facilitating execution price. See proposed ISE Rule 722, Customer Complex Orders and Responses will be EAM will execute at least forty percent (40%) (or Supplementary Material .08(b)(4)(i). executed first. Professional Complex Orders and such lower percentage requested by the member) of 117 If there are Priority Customer Complex Orders Responses, and market maker quotes participate the original size of the facilitation order, but only or Responses on the opposite side of the Agency next in the execution of the Agency Complex Order after better-priced Responses, Complex Orders and Complex Order at the proposed execution net price based upon the percentage of the total number of quotes, as well as Priority Customer Complex and there is sufficient size to execute the entire size contracts available at the best price that is Orders and Responses at the facilitation price, are of the Agency Complex Order, the Agency Complex represented by the size of the Professional Complex executed in full. Thereafter, Professional Complex Order will be executed against such interest, and Order or Response, or market maker quote. Finally, Orders and Responses, and quotes at the facilitation the solicited Complex Order will be cancelled, for Complex Options Orders, bids and offers for the price will participate in the execution of the provided that: (A) The execution net price is equal individual legs will be executed pursuant to Rule facilitation order based upon the percentage of the to or better than the best net price achievable from 713 and the Supplementary Material thereto. total number of contracts available at the facilitation the best ISE bids and offers for the individual legs, 120 See proposed ISE Rule 722, Supplementary price that is represented by the size of the and (B) the Complex Order can be executed in Material .08(c). Professional Complex Order or Response, or quote. accordance with ISE Rule 722(c)(2) with respect to 121 The Counter-Side Order may represent interest 114 Proposed ISE Rule 722, Supplementary the individual legs. The aggregate size of all for the Member’s own account or interest the Material .08(a)(5)(iii) provides that a facilitating Complex Orders, Responses and quotes and, for Member has solicited from one or more other EAM may elect to automatically match the net price Complex Options Orders, the aggregate size parties, or a combination of both. See proposed ISE and size of Complex Orders, Responses and quotes available from the best bids and offers for the Rule 722, Supplementary Material .08(c)(1). received during the exposure period up to a individual legs, will be used to determine whether 122 See proposed ISE Rule 722, Supplementary specified limit price or without specifying a limit the entire Agency Complex Order can be executed Material .08(c)(2). price. This election will also automatically match pursuant to this paragraph. See proposed ISE Rule 123 See id. In addition, a Complex Order entered the net price available from the ISE best bids and 722, Supplementary Material .08(b)(4)(ii). into the Complex PIM will be rejected if any

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51737

Upon entry of a Complex Order into PIM may be ongoing at any time for a the price represented by the size of that the Complex PIM, ISE will broadcast to particular complex strategy, a PIM in a interest.132 When the Counter-Side members a message that includes the component leg of a complex strategy Complex Order is at the same net price net price, side and size of the Agency may run concurrently with a Complex as Professional interest and market Complex Order.124 ISE will designate PIM for that strategy.128 maker quotes on the Complex Order via Options Trader Alert a time of no At the end of the exposure period, the Book, the Counter-Side Complex Order less than 100 milliseconds and no more Agency Complex Order will be executed will be allocated the greater of one than one second for members to indicate in full at the best prices available, taking contract or 40% (or such lower the size and net price at which they into consideration Complex Orders and percentage requested by the member) of want to participate in the execution of quotes in the Complex Order Book, the initial size of the Agency Complex the Agency Complex Order Improvement Complex Orders, the Order before other Professional interest (‘‘Improvement Complex Orders’’).125 Counter-Side Order, and, for Complex and market maker quotes on the All members may enter Improvement Options Orders, the ISE best bids and Complex Order Book are executed.133 Complex Orders for their own account offers on the individual legs.129 The 3. Complex Customer Cross Orders or for the account of a Public Agency Complex Order will receive Customer.126 executions at multiple price levels if ISE notes that ISE Rules 717(d) and (e) The exposure period for a Complex there is insufficient size to execute the apply when a member seeks to execute PIM will automatically terminate (A) at entire order at the best price.130 At any an order it represents as agent against a the end of the time period designated by net price, Priority Customer interest on proprietary order (i.e., a facilitation ISE pursuant to ISE Rule 722, the Complex Order Book (i.e., Priority transaction) or an order the member has Supplementary Material .08(c)(4)(i), (B) Customer Complex Orders and solicited from another broker-dealer upon the receipt of a Complex Order or Improvement Complex Orders) is (i.e., a solicited transaction).134 quote in the same complex strategy on executed in full before Professional Transactions where neither side is for either side of the market that is interest (i.e., Professional Complex the account of a broker-dealer are not marketable against the Complex Order Orders and Improvement Complex within the scope of ISE Rule 717(d) and Book or bids and offers for the Orders) and market maker quotes on the (e), and members can enter the buy and individual legs, or (C) upon the receipt Complex Order Book.131 After Priority sell orders on the limit order book of a non-marketable Complex Order or Customer interest on the Complex Order nearly simultaneously.135 To make the quote in the same complex strategy on Book at a given net price, Professional the same side of the market as the interest and market maker quotes on the 132 See proposed ISE Rule 722, Supplementary Agency Complex Order that would Complex Order Book will participate in Material .08(c)(5)(ii). 133 See proposed ISE Rule 722, Supplementary cause the execution of the Agency the execution of the Agency Complex Material .08(c)(5)(iii). Upon entry of Counter-Side Complex Order to be outside of the best Order based on the percentage of the Complex Orders, Members can elect to bid or offer on the Complex Order total number of contracts available at automatically match the price and size of Complex Book.127 Although only one Complex Orders, Improvement Complex Orders and quotes received on the Complex Order Book during the 128 See proposed ISE Rule 722, Supplementary Material .08(c)(4)(v). A Complex PIM for a complex exposure period up to a specified limit net price or component of the Complex Order has not opened without specifying a limit net price. This election for trading, or if there is a trading halt in any series strategy may be ongoing at the same time as a PIM pursuant to ISE Rule 723 or during an exposure will also automatically match the net price underlying the Complex Order. If a trading halt is available from the ISE best bids and offers on the initiated after the order is entered into the Complex period pursuant to Supplementary Material .02 to ISE Rule 1901 in a component leg(s) of such individual legs for the full size of the order; PIM, the auction will be automatically terminated provided that with notice to members the Exchange without an execution. See ISE Rule 722, complex strategy. If a Complex PIM is early may determine whether to offer this option only for Supplementary Material .08(c)(3). terminated pursuant to ISE Rule 722, Complex Options Orders, Stock-Option Orders, 124 See proposed ISE Rule 722, Supplementary Supplementary Material .08(c)(4)(iv), and the incoming Complex Order that causes the early and/or Stock Complex Orders. If a member elects Material .08(c)(4). to auto-match, the Counter-Side Complex Order 125 termination in the complex strategy is also See proposed ISE Rule 722, Supplementary will be allocated its full size at each price point, or Material .08(c)(4). marketable against a component leg(s) of the complex strategy that is the subject of a concurrent at each price point within its limit net price if a 126 See proposed ISE Rule 722, Supplementary ongoing PIM pursuant to ISE Rule 723 or an limit is specified, until a price point is reached Material .08(c)(4)(i). An Improvement Complex exposure period pursuant to Supplementary where the balance of the order can be fully Order, which is only executable against the Material .02 to ISE Rule 1901, then the concurrent executed. At such price point, the Counter-Side Complex Order with respect to which it is entered Complex PIM and component leg auction(s) are Complex Order shall be allocated the greater of one and will only be considered up to the size of the processed in the following sequence: (1) The contract or 40% (or such lower percentage Agency Complex Order, must be entered in the Complex PIM is early terminated; (2) the requested by the member) of the original size of the increments provided in proposed ISE Rule 722(c)(1) component leg auction(s) are early terminated and Agency Complex Order, but only after Priority at the same price as the Crossing Transaction or at processed; and (3) legging of residual incoming Customer Complex Orders and Improvement a price that is at least one cent better for the Agency Complex Orders at such price point are executed in Complex Order. An Improvement Complex Order Complex Order interest occurs. See proposed ISE full. Thereafter, all Professional Complex Orders may not be canceled, but it may be modified to (1) Rule 722, Supplementary Material .08(c)(4)(vi) and and Improvement Complex Orders, and quotes at increase the size at the same price, or (2) improve Amendment No. 1. 129 the price point will participate in the execution of the price of the Improvement Complex Order for See proposed ISE Rule 722, Supplementary the Agency Complex Order based upon the any size. Improvement Complex Orders will not be Material .08(c)(5). If an improved net price for the visible to other auction participants. See proposed Complex Order being executed can be achieved percentage of the total number of contracts available ISE Rules 722, Supplementary Material .08(c)(4)(i)– from Complex Orders, Improvement Complex at the price that is represented by the size of the (iii). Orders, and quotes on the Complex Order Book Professional Complex Order or Improvement Complex Order, or quote on the complex order 127 See proposed ISE Rule 722, Supplementary and, for Complex Options Orders, the ISE best bids book. See id. Material .08(c)(4)(iv). When a marketable Complex and offers on the individual legs, the Agency 134 Order on the opposite side of the Agency Complex Complex Order will be executed against such See Notice, 83 FR at 31790. Order ends the exposure period, it will participate interest. In addition, the priority provisions in ISE 135 See id. ISE notes that ISE Rule 717, in the execution of the Agency Complex Order at Rule 722(c)(2) will continue to apply and may Supplementary Material .01 prohibits members the price that is mid-way between the best counter- prevent the execution of a Complex Order entered from entering into arrangements designed to side interest and the same side best bid or offer on into the Complex PIM, in which case the circumvent the exposure requirements for the Complex Order Book or net price from ISE best transaction will be cancelled. See ISE Rule 722, facilitation transactions. Accordingly, it would be a bid or offer on individual legs, whichever is better, Supplementary Material .08(c)(5)(v). violation of ISE Rule 717(d) for a member to so that both the marketable Complex Order and the 130 See proposed ISE Rule 722, Supplementary effectively facilitate an order by providing an Agency Complex Order receive price improvement. Material .08(c)(5). opportunity for a customer or other person See proposed ISE Rule 722, Supplementary 131 See proposed ISE Rule 722, Supplementary (including affiliates) to regularly execute against Material .04(c)(5)(iv). Material .08(c)(5)(i). Continued

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51738 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

execution of such customer orders more Proposed ISE Rule 722, Supplementary automatically communicate the stock efficient, the ISE developed Customer Material .08(e) states that Complex component to the member’s designated Cross Orders as a way to enter opposing Qualified Contingent Cross Orders broker-dealer for execution.146 If the customer orders using a single order (‘‘Complex QCC Orders’’) will be Complex QCC Order cannot be type.136 automatically executed upon entry so executed, the entire Complex QCC with Proposed ISE Rule 722, long as: (i) The price of the transaction Stock Order, including both the stock Supplementary Material .08(d) is at or within the best bid and offer for and options components, is addresses the application of Customer the same complex options strategy on cancelled.147 ISE Rules 721, Cross Orders to Complex Orders.137 the Complex Order Book; (ii) there are Supplementary Material .01–.03 apply Proposed ISE Rule 722, Supplementary no Priority Customer Complex Options to the entry and execution of Complex Material .08(d) states that Complex Orders for the same strategy at the same QCC with Stock Orders.148 ISE states Customer Cross Orders will be price on the Complex Order Book; and that Complex QCC with Stock Orders automatically executed upon entry so (iii) the options legs can be executed at assist members in maintaining long as: (i) The price of the transaction prices that (A) are at or between the compliance with Exchange rules is at or within the best bid and offer for NBBO for the individual series, and (B) regarding the execution of the stock the same complex strategy on the comply with the provisions of ISE Rule component of qualified contingent Complex Order Book; (ii) there are no 722(c)(2)(i), provided that no legs of the trades, and help maintain an audit trail Priority Customer Complex Orders for Complex Options Order can be executed for surveillance of members for the same strategy at the same price on at the same price as a Priority Customer compliance with such rules.149 the Complex Order Book; and (iii) the Order on the Exchange in the individual F. Concurrent Auctions options legs can be executed at prices options series. Proposed ISE Rule 722, that comply with the provisions of ISE Supplementary Material .08(e) further 1. Concurrent Complex Order and Rule 722(c)(2). The proposed rule provides that Complex QCC Orders will Single Leg Auctions further states that Complex Customer be rejected if they cannot be executed, Proposed ISE Rule 722, Cross Orders will be rejected if they that they may be entered in one cent Supplementary Material .08(h) provides cannot be executed, and that ISE Rule increments, and that each leg of a that an auction in the Block Order 717, Supplementary Material .01 applies Complex Options Order must meet the 138 Mechanism, Facilitation Mechanism, to Complex Customer Cross Orders. 1,000 contract minimum size Solicited Order Mechanism, or PIM, or 4. Complex Qualified Contingent Cross requirement for Qualified Contingent an exposure period as provided in ISE Orders Cross Orders. ISE notes that in Rule 1901, Supplementary Material .02, executing Complex QCC Orders, Priority Proposed ISE Rule 722, for an option series may occur Customer Orders on the Complex Order concurrently with a Complex Order Supplementary Material .08(e) states Book and Priority Customer Orders on that Complex Options Orders may be Exposure Auction, Complex Facilitation ISE for the individual options series are auction, Complex Solicited Order entered as Qualified Contingent Cross protected.140 Orders, as defined in ISE Rule 715(j).139 auction, or Complex PIM for a Complex 5. Complex QCC With Stock Orders Order that includes that series.150 To the extent that there are concurrent agency orders handled by the member immediately Proposed ISE Rule 722, Complex Order and single leg auctions upon their entry on the Exchange. See id. at n. 35. Supplementary Material .08(f) describes 136 involving a specific option series, each See Notice, 83 FR at 31790. See also Securities the processing of Complex QCC with Exchange Act Release No. 60253 (July 7, 2009), 74 auction will be processed sequentially Stock Orders.141 ISE notes that because FR 34063 (July 14, 2009) (notice of filing and based on the time the auction immediate effectiveness of File No. SR–ISE–2009– a Complex QCC Order represents one commenced.151 34). component of a qualified contingent 137 See Notice, 83 FR at 31790. 138 trade, each Complex QCC Order must be 2. Limitation on Concurrent Complex See footnote 135, supra. 142 139 ISE Rule 715(j) defines a Qualified Contingent paired with a stock transaction. ISE Strategy Auctions Cross Order as an order comprised of an originating further notes that members must In conjunction with ISE’s migration to order to buy or sell at least 1,000 contracts that is separately execute the stock component the INET platform, ISE filed a proposal identified as being part of a qualified contingent of a regular Complex QCC Order.143 By trade, as that term is defined in ISE Rule 715, in 2017 to delay the re-introduction of Supplementary Material .01, coupled with a contra- contrast, when a member enters a side order or orders totaling an equal number of Complex QCC with Stock Order, ISE 146 See proposed ISE Rule 722, Supplementary contracts. ISE Rule 715, Supplementary Material .01 will attempt to facilitate the execution Material .08(f)(2). states that a qualified contingent trade is a of the stock component in addition to 147 See proposed ISE Rule 722, Supplementary transaction consisting of two or more component 144 Material .08(f)(3). orders, executed as agent or principal, where: (a) At the options component. When a 148 See proposed ISE Rule 722, Supplementary least one component is an NMS Stock, as defined member enters a Complex QCC with Material .08(f)(4). in Rule 600 of Regulation NMS under the Exchange Stock Order, a Complex QCC Order is 149 See Notice, 83 FR at 31792. Members that Act; (b) all components are effected with a product entered ISE.145 If the Complex QCC or price contingency that either has been agreed to execute the options component of a qualified by all the respective counterparties or arranged for Order is executed, ISE will contingent trade entered as a QCC with Stock Order by a broker-dealer as principal or agent; (c) the remain responsible for the execution of the stock component if they do not receive an execution from execution of one component is contingent upon the 140 See Notice, 83 FR at 31791. their designated broker-dealer. See ISE Rule 721, execution of all other components at or near the 141 As noted above, a Complex QCC with Stock same time; (d) the specific relationship between the Supplementary Material .03. Order is a Complex QCC Order, as defined in Rule 150 See Amendment No. 1. component orders (e.g., the spread between the 722(b)(7), entered with a stock component to be 151 See Amendment No. 1. At the time an auction prices of the component orders) is determined by communicated to a designated broker-dealer for concludes, including when it concludes early, the the time the contingent order is placed; (e) the execution pursuant to proposed ISE Rule 722, auction will be processed pursuant to ISE Rules component orders bear a derivative relationship to Supplementary Material .08. See proposed ISE Rule one another, represent different classes of shares of 716(b), (c), (d), or (e), or 723 or Supplementary 722(b)(16). Material .02 to Rule 1901, as applicable, for the the same issuer, or involve the securities of 142 participants in mergers or with intentions to merge See Notice, 83 FR at 31792. single option, or pursuant to proposed ISE Rules that have been announced or cancelled; and (f) the 143 See id. 722, Supplementary Material .01, or .08(a), (b), or transaction is fully hedged (without regard to any 144 See id. (c), as applicable, for the Complex Order, except as prior existing position) as a result of other 145 See proposed ISE Rule 722, Supplementary provided for in proposed Supplementary Material components of the contingent trade. Material .08(f)(1). .08(c)(4)(vi) to ISE Rule 722. See id.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51739

functionality on ISE that permitted ISE stated that prior to the migration to H. Additional Changes concurrent Complex Order auctions in the INET platform concurrent auctions 1. Market Maker Quotes the same complex strategy.152 ISE in a complex options strategy only subsequently extended its delay of the occurred approximately 0.5% of the As part of the transition to the INET re-introduction of this functionality for time that an auction ran on the platform, ISE has delayed until April 26, an additional year, until April 17, Exchange.159 ISE believes that the 2019, the re-introduction of the 153 functionality that allows market makers 2019. ISE states that it has no absence of the concurrent Complex to enter quotes in certain symbols for immediate plans to re-introduce the Order functionality will have an 154 complex strategies on the Complex functionality. Accordingly, ISE insignificant impact on members.160 ISE proposes to delete from ISE Rule 722 Order Book.164 ISE states that prior to states that a member that has auction- language indicating that ISE will the INET transition, quoting in the eligible interest to execute when another recommence concurrent Complex Order Complex Order Book was available in a auctions or before April 17, 2019.155 In Complex Order auction is ongoing can subset of the options classes.165 addition, ISE proposes to adopt ISE Rule either re-submit that order to the Accordingly, ISE proposes to amend ISE 722, Supplementary Material .08(g), Exchange after the auction has Rule 722, Supplementary Material .03 to which provides that only one Exposure concluded, or submit the order to indicate that complex quoting will be Auction, Complex PIM, Complex another options market that provides available only in options classes Facilitation Mechanism auction, or similar auction functionality.161 In this selected by the Exchange and Complex Solicited Order Mechanism regard, ISE notes that its market data announced to members via Options auction will be ongoing at any given feeds provide information to members Trader Alert.166 ISE notes that market time in a complex strategy, and states about when a Complex Order auction is makers that quote in the Complex Order that such auctions will not queue or ongoing, and members can therefore use Book must enter certain risk parameters overlap in any manner.156 this information to make appropriate pursuant to ISE Rule 722, ISE states that it has not offered routing decisions based on applicable Supplementary Material .04 (‘‘Market concurrent auctions in the same market conditions.162 ISE notes that Maker Speed Bump’’).167 In connection complex order strategy since 2017, and other options markets do not offer with proposed changes to the defined notes that no member has complained concurrent Complex Order auctions in a terms relating to Complex Orders, as or expressed concern about the absence strategy.163 described above, ISE proposes to amend of the functionality.157 In the April 2018 ISE Rule 722, Supplementary Material Notice, ISE stated that it was rare for G. Stock-Option and Stock-Complex .04 to clarify that the Market Maker multiple auctions in a complex strategy Orders Speed Bump applies to Complex to be ongoing at a particular time, Options Strategies and not to Stock- particularly due to the decrease in ISE’s Proposed ISE Rule 722, Option Strategies or Stock-Complex auction timers to 100 milliseconds.158 Supplementary Material .13 provides Strategies.168 requirements for Stock-Option and 152 INET is the proprietary core technology Stock-Complex Orders. The proposed 2. Price Limits for Complex Orders and utilized across Nasdaq’s global markets and utilized rule allows members to submit only Quotes on The Nasdaq Options Market LLC, Nasdaq PHLX Stock-Option and Stock-Complex ISE Rule 722, Supplementary Material LLC, and Nasdaq BX, Inc. See Amendment No. 1. See also Securities and Exchange Act Release No. Orders and quotes that comply with the .07(a) establishes a risk protection that 80525 (April 25, 2017), 82 FR 20405 (May 1, 2017) QCT Exemption from Rule 611(a) of limits the amount by which the legs of (notice of filing and immediate effectiveness of SR– Regulation NMS, and members a complex strategy may be executed at ISE–2017–33). prices inferior to the prices available on 153 See Amendment No. 1. See also Securities and submitting these orders and quotes Exchange Act Release No. 83101 (April 25, 2018), represent that they comply with the other exchanges trading the same 83 FR 19130 (May 1, 2018) (notice of filing and QCT Exemption. In addition, proposed options series. ISE proposes to amend immediate effectiveness of SR–ISE–2018–40) ISE Rule 722, Supplementary Material ISE Rule 722, Supplementary Material (‘‘April 2018 Notice’’). .07(a) to include a reference to the stock 154 .13 requires that the stock leg of a Stock- See Amendment No. 1. leg of Stock-Option Strategies and 155 Option Order be marked ‘‘buy,’’ ‘‘sell,’’ See id. In the event that ISE wishes to Stock-Complex Strategies.169 Proposed implement concurrent Complex Order auctions in ‘‘sell short,’’ or ‘‘sell short exempt’’ in ISE Rule 722, Supplementary Material the future, it will file a proposed rule change with compliance with Regulation SHO under the Commission to do so. See id. .07(a) will state, in part, that the System the Exchange Act. 156 See Amendment No. 1. Proposed ISE Rule will not permit the legs of a complex 722, Supplementary Material .08(g) states that ISE strategy to trade through the NBBO for will not initiate an Exposure Auction, Complex auction timers for PIM, Facilitation, and the series or any stock component by a PIM, Complex Facilitation Mechanism auction, or Solicitation within a range of 100 milliseconds and Complex Solicited Order Mechanism auction in a one second)). ISE noted that each of these auction configurable amount calculated as the complex strategy while another Exposure Auction, timers, as well as the auction timer for exposure lesser of (i) an absolute amount not to Complex PIM, or Complex Solicited Order auctions, was currently set to 100 milliseconds. See Mechanism auction in that Complex Strategy is also Amendment No. 1. 164 ongoing. If a Complex PIM auction, Complex See ISE Rule 722, Supplementary Material .03. 159 See April Notice, 82 FR at 19131. See also Facilitation Mechanism auction, or Complex See also Securities Exchange Act Release Number Amendment No. 1. Solicited Order Mechanism auction for a Complex 83001 (April 5, 2018), 83 FR 15653 (April 11, 2018) 160 Strategy has been initiated, an Exposure Auction for See Amendment No. 1. (notice of filing and immediate effectiveness of File that Complex Strategy will not be initiated, and an 161 See id. No. SR–ISE–2018–29). Exposure Only Complex Order for the Complex 162 See id. 165 See Notice, 83 FR at 31788. Strategy will be cancelled back to the member. An 163 ISE states that Nasdaq Phlx, LLC does not 166 See id. Exposure Order for the Complex Strategy will be allow the initiation of a Complex Order Live 167 See id. processed as an order that is not marked for price Auction when there is a Price Improvement XL 168 See id. ISE notes that because the Market improvement. auction already ongoing in the strategy pursuant to Maker Speed Bump is based exclusively on options 157 See Amendment No. 1. Phlx Rule 1098(e)(2). Similarly, Miami International contracts traded, it applies only to Complex 158 See April Notice, 82 FR at n. 10 (citing Securities Exchange LLC has the ability to limit the Options Strategies and not to complex strategies Securities Exchange Act Release No. 79733 (January frequency of Complex Auctions by establishing a that have a stock component. See id. at 31797. 4, 2017), 82 FR 3055 (January 10, 2017) (SR–ISE– minimum time period between such auctions 169 See Notice, 83 FR at 31792. See id. at 2016–26) (permitting the Exchange to determine pursuant to MIAX Rule 518(d)(2). See id. 31792–3.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51740 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

exceed $0.10, and (ii) a percentage of perfect the mechanism of a free and volume of Reserve Complex Orders, that the NBBO not to exceed 500%, as open market and a national market there is no great demand for this order determined by the Exchange on a class, system, and, in general, to protect type, and that other options exchanges series, or underlying basis. Similarly, investors and the public interest. This do not offer this order type.181 ISE will ISE proposes to add a reference to the order approves the proposed rule issue an Options Trader Alert to national best bid or offer for the stock change in its entirety, although only members indicating the date when leg to the Limit Order Price Protection certain more significant aspects of the Reserve Complex Orders will no longer in ISE Rule 722, Supplementary proposed rules are discussed below. be offered.182 The Commission notes Material .07(d).170 ISE believes that that under ISE’s procedures for these changes will increase A. Definitions and Order Types executing Reserve Complex Orders, the transparency with respect to the prices The proposal revises ISE’s current non-displayed portion of a Reserve ISE uses when ISE must derive a best definitions relating to Complex Orders Complex Order is available for bid or offer from the prices available in by creating the new defined terms execution before displayed interest on the regular market.171 In addition, ISE Complex Options Strategy, Stock- the regular order book at the same Rule 722, Supplementary Material Option Strategy, and Stock-Complex price.183 The Commission believes that .07(d) currently describes the Strategy, as well as the corresponding the discontinuation of Reserve Complex application of the Limit Order Price orders for each of these strategies. The Orders will protect investors and the Protection to Limit Complex Orders to new defined terms should help to public interest by assuring that all buy. The proposal revises ISE Rule 722, clarify ISE’s rules by indicating more displayed interest on the Complex Supplementary Material .07(d) to precisely which ISE rules apply to these Order book and the regular book describe the application of the price orders and strategies.175 The executes before non-displayed interest protection to Limit Complex Orders to Commission believes that the Complex at the same price.184 172 sell. Order types in proposed ISE Rule B. Trading of Complex Orders and 722(b), including Market Complex III. Discussion and Commission Quotes Orders, Limit Complex Orders, All-or- Findings None Complex Orders, Attributable The Commission notes that proposed After careful review, the Commission Complex Orders, Day Complex Orders, ISE Rule 722(c)(2) is designed to protect finds that the proposed rule change, as Fill-or-Kill Complex Orders, Immediate- established leg market interest by modified by Amendment No. 1, is or-Cancel Complex Orders, Opening providing that if any of the bids or offers consistent with the requirements of the Only Complex Orders, Good-Till-Date established in the marketplace consist of Act and the rules and regulations Complex Orders, Good-Till-Cancel a Priority Customer Order, at least one thereunder applicable to a national Complex Orders, Exposure Complex leg of a Complex Options Order or the securities exchange.173 In particular, for Orders, and Exposure Only Complex options legs of a Stock-Complex Order the reasons discussed below, the Orders provide market participants with must trade at a price that is better than Commission finds that the proposed flexibility and control over the trading the corresponding bid or offer in the rule change is consistent with Section of Complex Orders.176 The Commission marketplace by at least a $0.01 185 6(b)(5) of the Act,174 which requires, notes that ISE currently permits each of increment. Similarly, the option leg among other things, that the rules of a these order types (other than Exposure of a Stock-Option Order has priority national securities exchange be Complex Orders and Exposure Only over leg market interest in the series designed to prevent fraudulent and Complex Orders) for orders for a single established by Professional Orders and manipulative acts and practices, to option series.177 market maker quotes at the same price, promote just and equitable principles of The proposal deletes from ISE Rule but not over Priority Customer interest 186 trade, to remove impediments to and 722 the definition of SSF-option order. in the series. The Commission notes As noted above, ISE states that single that other options exchanges have 170 See id. at 31792–3. Proposed ISE Rule 722, stock futures have not gained sufficient similar provisions requiring one leg of a Supplementary Material .07(d) states: There is a complex order to trade at a better price limit on the amount by which the net price of an popularity among investors to support a SSF-option product, and ISE has never than the derived leg market price when incoming Limit Complex Order to buy may exceed the established interest in the leg market the net price available from the individual options 178 received a SSF-option order. In light 187 series on the Exchange and the national best bid or of the lack of interest in trading SSF- price includes customer interest. ISE’s rules further protect Priority offer for any stock leg, and by which the net price option orders, the Commission believes of an incoming Limit Complex Order to sell may be Customer interest by providing that that ISE’s elimination of SSF-option below the net price available from the individual executable Complex Orders will execute options series on the Exchange and the national orders will not negatively impact against Priority Customer interest on the best bid or offer for any stock leg. Limit Complex investors or other market single leg book at the same price before Orders that exceed the pricing limit are rejected. participants.179 The limit is established by the Exchange from time- executing against the Complex Order ISE also proposes to discontinue to-time for Limit Complex Orders to buy (sell) as book.188 Thus, Priority Customer Orders the net price available from the individual options Reserve Complex Orders in the fourth series on the Exchange and the national best bid or quarter of 2018.180 As noted above, ISE 181 See id. offer for any stock leg plus (minus) the greater of: states that it does not receive a high (i) An absolute amount not to exceed $2.00, or (ii) 182 See id. a percentage of the net price available from the 183 See Notice, 83 FR at 31785, n.7. individual options series on the Exchange and the 175 For example, the proposal revises ISE Rule 184 ISE will continue to offer Reserve Orders on national best bid or offer for any stock leg not to 715(k) to indicate that legging orders are generated the single leg book. See Amendment No. 1. exceed 10%. This limit order price protection only for Complex Options Orders. 185 See proposed ISE Rules 722(c)(2)(i) and (iii). applies only to orders and does not apply to quotes. 176 Complex Customer Cross Orders and Complex A Complex Order that does not satisfy the 171 See id. QCC Orders are discussed in Section III.F(3), infra. requirements of proposed ISE Rule 722(c)(2) is not 172 See id. at 31793. 177 See ISE Rule 715. executable. See proposed ISE Rule 722(d). 173 In approving this proposed rule change, the 178 See note 14, supra, and accompanying text. 186 See proposed ISE Rule 722(c)(2)(ii). Commission has considered the proposed rule’s 179 ISE will file a proposed rule change with the 187 See, e.g., Phlx Rule 1098(c)(iii); EDGX Rule impact on efficiency, competition, and capital Commission if ISE determines to offer SSF-option 21.20(c)(1)(B) and (C); and MIAX Rule 518(c)(3). formation. See 15 U.S.C. 78c(f). orders in the future. See Notice, 83 FR at 31784. 188 See proposed ISE Rule 722(d)(2) and 174 15 U.S.C. 78f(b)(5). 180 See Amendment No. 1. Amendment No. 1.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51741

on the single leg order book will retain Complex Order when their order trades E. Complex Order Exposure Process priority and will execute prior to any at a value outside of the expected other Complex Order or non-Priority notional value of the trade due to The Complex Order exposure auction Customer single leg interest at the same rounding. The Commission notes that process will allow members to expose price.189 In addition, ISE, like other members are not obligated to use the eligible Complex Orders for price exchanges, does not allow Complex Trade Value Allowance and may choose improvement. ISE notes that the Orders to be executed at prices inferior to have their orders executed at the net exposure process will not interrupt the to the best net price achievable from the price marked on the order. processing of Complex Orders because best bids and offers on the Exchange for the exposure period for a Complex the individual legs.190 D. Complex Opening Process and Order will end immediately upon the ISE allows Complex Orders to execute Complex Uncrossing Process receipt of a Complex Order or quote for against bids and offers on ISE for the the same complex strategy on either side individual legs of the Complex Order if The Commission believes that the of the market that is marketable against there is no executable contra-side Complex Opening Process is designed to the complex order book or bids and complex interest on the Complex Order provide for the orderly opening of offers for the individual legs, thereby Book at a particular price.191 The Complex Orders on ISE by matching as assuring that incoming orders are not Commission believes that allowing much interest in a complex strategy as delayed by the exposure process.200 In Complex Orders to execute against leg possible at a price determined through addition, the exposure period will be market interest could benefit investors an objective process set forth in ISE’s terminated upon the receipt of a by providing additional execution rules. As described more fully above, nonmarketable Complex Order or quote opportunities for both Complex Orders the Complex Opening Process allows for the same complex strategy on the and interest in the regular market. In interest residing on the Complex Order same side of the market that would addition, the Commission believes that Book to trade at a single price within cause the price of the Complex Order to executing Complex Orders against Boundary Prices that are constrained by be outside of the best bid or offer for the interest in the regular market could the NBBO for the individual legs.195 If same complex strategy on the complex facilitate interaction between the the Complex Opening Process fails to order book, which protects the Complex Complex Order book and the regular discover an appropriate execution price Order being exposed from missing an market, potentially resulting in a more (e.g., there is no valid Opening Price at execution opportunity.201 ISE notes that competitive and efficient market, and or within the Boundary Prices), ISE no market participants are excluded better executions for investors. The continues the Complex Opening Process from initiating or participating in a Commission notes that other exchanges by performing an uncrossing, which Complex Order exposure auction.202 also allow Complex Orders to execute provides additional execution The Commission believes that the against leg market interest.192 opportunities by allowing Complex exposure auction process may provide As described more fully above, the Orders to execute against leg market additional opportunities for Complex Trade Value Allowance is a interest.196 Orders to receive price improvement. functionality that allows Stock-Option The Commission notes that other Strategies and Stock-Complex Strategies ISE states that the Complex Uncrossing Process, when used during options exchanges provide similar to trade outside of their expected auctions for complex orders.203 notional value by a specified amount. regular trading, provides a fair and The amount of Trade Value Allowance efficient means for executing Complex F. Internalization and Crossing may be determined by a member or set Orders or quotes when interest that is 1. Complex Facilitation Mechanism and at a default value determined by ISE and locked or crossed becomes 197 Complex Solicited Order Mechanism announced to members, although any executable. As described more fully above, when Complex Orders or quotes amount of Trade Value Allowance is The Commission believes that the permitted for orders entered into the become executable, the Complex Complex Facilitation Mechanism and auction mechanisms in proposed ISE Uncrossing Process identifies the oldest the Complex Solicited Order Rule 722, Supplementary Material .08 interest on the Complex Order Book and Mechanism may provide opportunities that do not trade solely with their matches it pursuant to proposed ISE for Complex Orders to receive price contra-side order.193 Members may opt Rule 722(d)(2)–(3) with resting contra- improvement. ISE members may submit 198 out of the Trade Value Allowance if side interest. This process is repeated a customer Complex Order and they do not want their orders to be until the Complex Order Book is no matching contra-side interest into the 199 executed when there is a Trade Value longer executable. The Commission Complex Facilitation Mechanism or the Allowance of any amount and, in those believes that the Complex Uncrossing Complex Solicited Order Mechanism for cases, ISE will strictly enforce the net Process is designed to provide for the price improvement. Upon entry of a price marked on the order.194 The execution in accordance with ISE’s rules Complex Order into one of the Commission believes that the Trade of Complex Orders and other interest on mechanisms, ISE sends member a Value Allowance will provide members ISE that becomes executable during broadcast message that includes the net with the flexibility to obtain a desired regular trading or as part of the Complex price, side, and size of the Agency execution of a Stock-Option or Stock- Opening Process. Complex Order, and members may enter Responses with the net prices and sizes 189 See id. 195 See id. at 31796. at which they wish to participate in the 190 See proposed ISE ISE Rule 722(c)(2) and 196 ISE also performs an uncrossing if there is execution of the Agency Complex Amendment No. 1. See also EDGX Rule interest that is locked or crossed after Complex 21.20(c)(2)(E); and MIAX Rule 518(c)(2)(ii). Orders and quotes are executed in the Complex 191 See proposed ISE Rule 722(d)(3). Opening Price Determination. See id. 200 See Notice, 83 FR at 31797. See also proposed 192 See, e.g., EDGX Rule 21.20(c)(2)(F); and MIAX 197 See id. ISE Rule 722, Supplementary Material .01(b)(ii). Rule 518(c)(2)(iii). 198 See proposed ISE Rule 722, Supplementary 201 See Notice, 83 FR at 31797. 193 See proposed ISE Rule 722, Supplementary Material .12(b). 202 See id. Material .09. 199 See proposed ISE Rule 722, Supplementary 203 See, e.g., Cboe Rule 6.53C(d); and EDGX Rule 194 See Notice, 83 FR at 31793. Material .12(b)(iii). 21.20(d).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51742 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Order.204 At the conclusion of the Commission notes that ISE operates a each options leg of a Complex QCC auction, a Complex Order entered into PIM auction for orders for a single Order be for a minimum size of 1,000 the Complex Facilitation Mechanism or option series.211 contracts, provide another limit to the the Complex Solicited Order use of Complex QCC Orders by ensuring 3. Complex Customer Cross Orders, Mechanism receives an execution at the that only transactions of significant size Complex QCC Orders, and Complex best price available and, at a minimum, may avail themselves of this order type. QCC With Stock Orders is executed in full against the matching The Commission notes that ISE’s contra-side interest. Thus, a Complex ISE’s proposed Customer Cross proposed rules for Complex QCC Orders Order entered into the Complex Complex Orders allow for the crossing are similar to the rules of another Facilitation Mechanism or the Complex of Priority Customer Complex Orders in options exchange.215 Solicited Order Mechanism is a manner similar to other customer The Commission believes that ISE’s guaranteed an execution at the crossing rules that the Commission has proposed Complex QCC with Stock conclusion of the auction and may be previously approved for another options Orders could help ISE members comply executed at an improved price.205 The exchange.212 The Commission believes with the requirement to execute the Commission notes that ISE also operates that ISE’s proposed Customer Cross stock component of a qualified Facilitation Mechanism and Solicited Complex Orders are consistent with the contingent trade. The Commission notes Order Mechanism auctions for orders Act and do not raise any novel or that the requirements of ISE Rule 721, for a single option series.206 significant issues. Supplementary Material .01–.03 apply ISE’s proposed Complex QCC rules 2. Complex PIM to the entry and execution of Complex permit Complex Orders to participate in QCC with Stock Orders.216 The The Commission believes that the a clean cross of the options leg of a Commission further notes that a Complex PIM may provide subset of qualified contingent trades in member that executes the options opportunities for Complex Orders to a similar manner as Qualified component of a qualified contingent receive price improvement. A Complex Contingent Cross Orders already trade entered as a Complex QCC with Order entered into Complex PIM permitted on ISE.213 The Commission Stock Order remains responsible for the auction must be stopped at a price that notes that, under the proposal (1) a execution of the stock component if it is better than the best net price (i) Complex QCC Order must be part of a does not receive an execution from its available on the Complex Order book on qualified contingent trade under designated broker-dealer.217 both sides of the market; and (ii) Regulation NMS; 214 (2) each options leg achievable from the best ISE bids and of a Complex QCC Order must be for G. Concurrent Auctions offers for the individual legs on both 1,000 contracts; and (3) the options legs ISE proposes to permit certain sides of the market (an ‘‘improved net of the Complex QCC Order must be auctions for complex strategies to price’’).207 A member enters an Agency executed at prices that (A) are at or operate concurrently with auctions for a Complex Order into the Complex PIM between the NBBO for the individual single option series that is a component against principal or solicited interest for series, and (B) comply with the of the complex strategy.218 The execution.208 At the conclusion of the provisions of proposed ISE Rule Commission believes that ISE’s exposure period, the Agency Complex 722(c)(2)(i), provided that no options leg proposed rule provides for the orderly Order will be executed in full at the best of a Complex QCC Order can be processing of concurrent complex and prices available, taking into executed at the same price as a Priority single leg auctions. The Commission consideration Complex Orders and Customer Order on ISE in the individual notes that another options exchange has quotes in the Complex Order book, options series. The Commission believes adopted similar rules.219 Improvement Complex Orders, the that these requirements establish a In addition, ISE proposes to delete Counter-Side Order, and, for Complex limited exception to the general from ISE Rule 722 language indicating Options Orders, the ISE best bids and principle of exposure and retain the that ISE will recommence concurrent 209 offers on the individual legs. Thus, a general principle of customer priority in Complex Order auctions in or before Complex Order entered into a Complex the options markets. In addition, the April 17, 2019, and to adopt a rule PIM auction would receive an execution requirement that a Complex QCC Order indicating that only one auction in a at the best price available at the be part of a qualified contingent trade by complex strategy will be ongoing at any conclusion of the auction and, at a satisfying each of the six underlying given time.220 As noted above, ISE states minimum, would be executed in full at requirements of the NMS QCT that no member has complained or the improved net price. The Exemption, and the requirement that expressed concern about the absence of Commission notes that other options the concurrent auction functionality, exchanges have adopted similar rules to 211 See ISE Rule 723. which has not operated on ISE since permit the entry of complex orders into 212 See MIAX Rule 518(h)(3). See also Cboe Rule 2017.221 ISE further states that, prior to an electronic price improvement 6.74A, Interpretation and Policy .08(b). the migration to the INET platform, 210 auction process. In addition, the 213 See ISE Rule 721(b). See also Securities concurrent auctions in a complex Exchange Act Release Nos. 64653 (June 13, 2011), strategy occurred rarely, approximately 204 See proposed ISE Rules 722, Supplementary 76 FR 35491 (June 17, 2011) (order approving File Material .08(a)(3) and (b)(3). No. SR–CBOE–2011–41); and 63955 (February 24, 0.5% of the time that an auction ran on 2011), 76 FR 11533 (March 2, 2011) (order 205 See proposed ISE Rules 722, Supplementary approving File No. SR–ISE–2010–73). The Material .08(a)(1)(iv) and (b)(4)(iii). 215 See MIAX Rule 515(h)(4). Commission has granted an exemption for qualified 206 216 See proposed ISE Rule 722, Supplementary See ISE Rule 716(d) and (e). contingent trades that meet certain requirements 207 Material .08(f)(4). See proposed ISE Rule 722, Supplementary from Rule 611(a) of Regulation NMS, 17 CFR 217 Material .08(c)(2). 242.611(a) (the ‘‘NMS QCT Exemption’’). See See ISE Rule 721, Supplementary Material .03. 208 See proposed ISE Rule 722, Supplementary Securities Exchange Act Release No. 57620 (April 218 See proposed ISE Rule 722, Supplementary Material .08(c)(1). 4, 2008), 73 FR 19271 (April 9, 2008) (which Material .08(h). 209 See proposed ISE Rule 722, Supplementary supersedes a release initially granting the NMS QCT 219 See NYSE American Rules 971.1NY, Material .08(c)(5). Exemption, Securities Exchange Act Release No. Commentary .01, and 971.2NY, Commentary .03. 210 See, e.g., BOX Rule 7245; Cboe Rule 6.74A; 54389 (August 31, 2006), 71 FR 52829 (September 220 See proposed ISE Rule 722, Supplementary MIAX Rule 515A, Interpretation and Policy .12; and 7, 2006)). Material .08(g) and Amendment No. 1. NYSE American Rule 971.2NY. 214 See note 139, supra. 221 See Amendment No. 1.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51743

the Exchange.222 Because concurrent help to assure that the rules accurately printing in the Commission’s Public auctions for a complex strategy occurred describe the availability and operation Reference Room, 100 F Street NE, infrequently, the Commission does not of their respective functionalities. Washington, DC 20549 on official believe that the elimination of the The Commission believes that the business days between the hours of concurrent auction functionality for proposed change to ISE Rule 722, 10:00 a.m. and 3:00 p.m. Copies of such complex strategies will significantly Supplementary Material .07(a) to filing also will be available for affect investors or other market incorporate references to the stock leg of inspection and copying at the principal participants. In addition, in the absence a Stock-Option or Stock-Complex Order office of the Exchange. All comments of the concurrent auction functionality, revises the rule to reflect the manner in received will be posted without change. a market participant with auction- which Supplementary Material .07(a) Persons submitting comments are eligible interest that wished to initiate applies to Complex Orders with a stock cautioned that we do not redact or edit an auction on ISE could wait for an component. The Commission notes that personal identifying information from ongoing auction to conclude or submit the proposed changes to ISE Rule 722, comment submissions. You should its interest to another exchange. The Supplementary Material .07(d) include a submit only information that you wish Commission notes that another options similar clarification and also describe to make available publicly. All market does not permit concurrent the application of the limit order price submissions should refer to File auctions for the same complex protection in Supplementary Material Number SR–ISE–2018–56, and should strategy.223 .07(d) to Limit Complex Orders to sell. be submitted on or before November 2, The Commission believes that this 2018. H. Stock-Option and Stock-Complex change will assure that ISE Rule 722, Orders Supplementary Material .07(d) V. Accelerated Approval of Proposed Proposed ISE Rule 722, accurately reflects the manner in which Rule Change, as Modified by Supplementary Material .13 allows the limit order price protection applies Amendment No. 1 members to submit only Stock-Option to Limit Complex Orders to sell. The Commission finds good cause to and Stock-Complex Orders and quotes IV. Solicitation of Comments on approve the proposed rule change, as that comply with the QCT Exemption Amendment No. 1 modified by Amendment No. 1, prior to from Rule 611(a) of Regulation NMS. the thirtieth day after the date of Interested persons are invited to The proposed rule further requires that publication of the notice of Amendment submit written data, views, and the stock leg of a Stock-Option Order be No. 1 in the Federal Register. In arguments concerning whether marked ‘‘buy,’’ ‘‘sell,’’ ‘‘sell short,’’ or Amendment No. 1, ISE revises its Amendment No. 1 is consistent with the ‘‘sell short exempt’’ in compliance with original proposal to make the changes Act. Comments may be submitted by Regulation SHO under the Exchange discussed in detail above. Notably, in any of the following methods: Act. The Commission notes that other Amendment No. 1, ISE revises the options exchanges have adopted similar Electronic Comments proposal to discontinue offering Reserve rules.224 Accordingly, the Commission • Use the Commission’s internet Complex Orders. The Commission does not believe that proposed ISE Rule comment form (http://www.sec.gov/ believes that eliminating Reserve 722, Supplementary Material .13 raises rules/sro.shtml); or Complex Orders will assure that all novel regulatory issues. • Send an email to rule-comments@ displayed interest on the Complex I. Additional Changes sec.gov. Please include File Number SR– Order Book and on the regular book ISE–2018–56 on the subject line. executes before non-displayed interest. The Commission believes that the Amendment No. 1 also provides that proposed change to ISE Rules 722, Paper Comments ISE will not re-introduce the auction Supplementary Material .03 makes clear • Send paper comments in triplicate functionality that permits concurrent that the market maker quoting to Brent J. Fields, Secretary, Securities auctions for the same complex strategy. functionality for Complex Orders will and Exchange Commission, 100 F Street For the reasons discussed above, the be available only in classes selected by NE, Washington, DC 20549–1090. Commission does not believe that the ISE, consistent with ISE’s practice prior elimination of this functionality will 225 All submissions should refer to File to the transition to the INET platform. Number SR–ISE–2018–56. This file significantly affect investors or other In addition, the proposed changes to ISE number should be included on the market participants on ISE. Amendment Rule 722, Supplementary Material .04 subject line if email is used. To help the No. 1 clarifies and provides additional make clear that the Market Maker Speed Commission process and review your detail to the text of the proposed rules, Bump applies only to Complex Options comments more efficiently, please use makes technical corrections, and Strategies. The Commission believes only one method. The Commission will provides additional analysis of the that the changes to ISE Rule 722, post all comments on the Commission’s certain proposed changes, thus Supplementary Material .03 and .04 will internet website (http://www.sec.gov/ facilitating the Commission’s ability to rules/sro.shtml). Copies of the make the findings set forth above to 222 See April Notice, 82 FR at 19131. See also approve the proposal. Accordingly, the Amendment No. 1. submission, all subsequent 223 See Phlx Rule 1098(e)(2). In addition, MIAX amendments, all written statements Commission finds good cause for has the ability to limit the frequency of Complex with respect to the proposed rule approving the proposed rule change, as Auctions by establishing a minimum time period change that are filed with the modified by Amendment No. 1, on an between auctions. See MIAX Rule 518(d). Commission, and all written accelerated basis. 224 See, e.g., Cboe Rule 6.53C, Interpretation and Policy .06(a) and (e); MIAX Rule 518, Interpretation communications relating to the VI. Conclusion and Policy .01. proposed rule change between the 225 See Notice, 83 FR at 31788. ISE intends to Commission and any person, other than It is therefore ordered, pursuant to continue this practice after the complex quoting those that may be withheld from the Section 19(b)(2) of the Act,226 that the functionality has been re-enabled on the INET proposed rule change (SR–ISE–2018– platform. See id. at 31797. ISE notes that market public in accordance with the makers can enter Complex Orders in all classes provisions of 5 U.S.C. 552, will be regardless of whether quoting is permitted. See id. available for website viewing and 226 15 U.S.C. 78s(b)(2).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51744 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

56), as modified by Amendment No. 1, applicants with a copy of the request, to one or more sub-advisers (each, a is approved on an accelerated basis. personally or by mail. Hearing requests ‘‘Sub-Adviser’’ and collectively, the For the Commission, by the Division of should be received by the Commission ‘‘Sub-Advisers’’) the responsibility to Trading and Markets, pursuant to delegated by 5:30 p.m. on October 30, 2018, and provide the day-to-day portfolio authority.227 should be accompanied by proof of investment management of each Eduardo A. Aleman, service on the applicants, in the form of Subadvised Series, subject to the Assistant Secretary. an affidavit or, for lawyers, a certificate supervision and direction of the of service. Pursuant to rule 0–5 under Adviser.2 [FR Doc. 2018–22202 Filed 10–11–18; 8:45 am] The primary responsibility for the Act, hearing requests should state managing each Subadvised Series will BILLING CODE 8011–01–P the nature of the writer’s interest, any remain vested in the Adviser. The facts bearing upon the desirability of a Adviser will hire, evaluate, allocate SECURITIES AND EXCHANGE hearing on the matter, the reason for the assets to and oversee the Sub-Advisers, COMMISSION request, and the issues contested. including determining whether a Sub- Persons who wish to be notified of a Adviser should be terminated, at all [Investment Company Act Release No. hearing may request notification by times subject to the authority of the 33265; 812–14883] writing to the Commission’s Secretary. Board. ADDRESSES: Natixis Funds Trust I, et al.; Notice of Secretary, U.S. Securities 2. Applicants request an exemption to Application and Exchange Commission, 100 F Street permit the Adviser, subject to Board NE, Washington, DC 20549–1090. approval, to hire certain Sub-Advisers October 5, 2018. Applicants: Russell Kane, Esq., Natixis pursuant to Sub-Advisory Agreements AGENCY: Securities and Exchange Advisors, L.P., 888 Boylston Street, and materially amend existing Sub- Commission (‘‘Commission’’). Boston, MA 02199; John M. Loder, Esq., Advisory Agreements without obtaining ACTION: Notice. Ropes & Gray LLP, 800 Boylston Street, the shareholder approval required under Boston, MA 02199. section 15(a) of the Act and rule 18f–2 Notice of an application under section FOR FURTHER INFORMATION CONTACT: under the Act.3 Applicants also seek an 6(c) of the Investment Company Act of Matthew B. Archer-Beck, Senior exemption from the Disclosure 1940 (‘‘Act’’) for an exemption from Counsel, at (202) 551–5044, or Katlin C. Requirements to permit a Subadvised section 15(a) of the Act and rule 18f–2 Bottock, Branch Chief, at (202) 551– Series to disclose (as both a dollar under the Act, as well as from certain 6821 (Division of Investment amount and a percentage of the disclosure requirements in rule 20a–1 Management, Chief Counsel’s Office). Subadvised Series’ net assets): (a) The under the Act, Item 19(a)(3) of Form SUPPLEMENTARY INFORMATION: The aggregate fees paid to the Adviser and N–1A, Items 22(c)(1)(ii), 22(c)(1)(iii), following is a summary of the any Wholly-Owned Sub-Adviser; (b) the 22(c)(8) and 22(c)(9) of Schedule 14A application. The complete application aggregate fees paid to Non-Affiliated under the Securities Exchange Act of may be obtained via the Commission’s Sub-Advisers; and (c) the fee paid to 1934, and sections 6–07(2)(a), (b), and website by searching for the file each Affiliated Sub-Adviser (c) of Regulation S–X (‘‘Disclosure number, or an applicant using the (collectively, ‘‘Aggregate Fee Requirements’’). The requested Company name box, at http:// Disclosure’’). exemption would permit an investment www.sec.gov/search/search.htm or by 3. Applicants agree that any order adviser to hire and replace certain sub- calling (202) 551–8090. granting the requested relief will be advisers without shareholder approval subject to the terms and conditions and grant relief from the Disclosure Summary of the Application stated in the application. Such terms Requirements as they relate to fees paid 1. The Adviser will serve as the and conditions provide for, among other to the sub-advisers. investment adviser to the Subadvised safeguards, appropriate disclosure to APPLICANTS: Natixis Funds Trust I, Series pursuant to an investment Subadvised Series shareholders and Natixis Funds Trust II, Natixis Funds advisory agreement with the Trusts notification about sub-advisory changes Trust IV, Natixis ETF Trust, Natixis ETF (each, an ‘‘Investment Management and enhanced Board oversight to protect 1 Trust II, Loomis Sayles Fund I, Loomis Agreement’’). The Adviser will provide the interests of the Subadvised Series’ Sayles Funds II, and Gateway Trust the Subadvised Series with continuous shareholders. (each a ‘‘Trust’’ and collectively the and comprehensive investment ‘‘Trusts’’), each an open-end management services, subject to the 2 A ‘‘Sub-Adviser’’ for a Subadvised Series is (1) management investment company, and supervision of, and policies established an indirect or direct ‘‘wholly-owned subsidiary’’ (as Natixis Advisors, L.P. (the ‘‘Adviser’’), a by the board of trustees of the Trust (the such term is defined in the Act) of the Adviser for registered investment adviser under the ‘‘Board’’). The Investment Management that Subadvised Series, or (2) a sister company of Investment Advisers Act of 1940 Agreement permits the Adviser, subject the Adviser for that Subadvised Series that is an indirect or direct ‘‘wholly-owned subsidiary’’ of the (collectively with the Trusts, the to the approval of the Board, to delegate same company that, indirectly or directly, wholly ‘‘Applicants’’). owns the Adviser (each of (1) and (2) a ‘‘Wholly- FILING DATES: The application was filed 1 Applicants request relief with respect to the Owned Sub-Adviser’’ and collectively, the on March 9, 2018 and amended on named Applicants, as well as to any future series ‘‘Wholly-Owned Sub-Advisers’’), or (3) not an of the Trusts and any other registered open-end ‘‘affiliated person’’ (as such term is defined in August 17, 2018, and September 7, management investment company or series thereof section 2(a)(3) of the Act) of the Subadvised Series, 2018. that (a) is advised by the Adviser, its successors, or except to the extent that an affiliation arises solely HEARING OR NOTIFICATION OF HEARING: any entity controlling, controlled by or under because the Sub-Adviser serves as a sub-adviser to common control with the Adviser or its successors a Subadvised Series (‘‘Non-Affiliated Sub- An order granting the application will (included in the term ‘‘Adviser’’); (b) uses the multi- Advisers’’). be issued unless the Commission orders manager structure described in the application; and 3 The requested relief will not extend to any sub- a hearing. Interested persons may (c) complies with the terms and conditions set forth adviser, other than a Wholly-Owned Sub-Adviser, request a hearing by writing to the in the application (each, a ‘‘Subadvised Series’’). who is an affiliated person, as defined in Section For purposes of the requested order, ‘‘successor’’ is 2(a)(3) of the Act, of the Subadvised Series, the Commission’s Secretary and serving limited to an entity that results from a Trusts or of the Adviser, other than by reason of reorganization into another jurisdiction or a change serving as a sub-adviser to one or more of the 227 17 CFR 200.30–3(a)(12). in the type of business organization. Subadvised Series (‘‘Affiliated Sub-Adviser’’).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51745

4. Section 6(c) of the Act provides that Shares to satisfy the listing standards result, the proposal would allow the the Commission may exempt any under BZX Rules 14.11(c)(3), (4), and Exchange to generically list a series of person, security, or transaction or any (5). The proposed rule change was Index Fund Shares where the generic class or classes of persons, securities, or published for comment in the Federal listing standards are satisfied by either transactions from any provisions of the Register on July 11, 2018.3 On August its portfolio holdings or its underlying Act, or any rule thereunder, if such 23, 2018, pursuant to Section 19(b)(2) of index. relief is necessary or appropriate in the the Act,4 the Commission designated a public interest and consistent with the longer period within which to approve The Exchange also proposes to amend 9 10 protection of investors and purposes the proposed rule change, disapprove BZX Rules 14.11(c)(1)(C), 14.11(c)(8), 11 fairly intended by the policy and the proposed rule change, or institute and 14.11(c)(9)(B)(i)(b) to eliminate provisions of the Act. Applicants proceedings to determine whether to certain references to the term believe that the requested relief meets approve or disapprove the proposed ‘‘portfolio’’ such that the amended this standard because, as further rule change.5 On September 28, 2018, provisions would apply only to the explained in the application, the the Exchange filed Amendment No. 1 to underlying index. As proposed, all other Investment Management Agreements the proposed rule change, which references to ‘‘index or portfolio’’ or will remain subject to shareholder amended and replaced the proposed ‘‘portfolio or index’’ in BZX Rule approval while the role of the Sub- rule change as originally filed.6 The 14.11(c) would mean the index Advisers is substantially similar to that Commission has received no comment underlying a series of Index Fund of individual portfolio managers, so that letters on the proposal. The Commission Shares or the portfolio holdings of a requiring shareholder approval of Sub- is publishing this notice and order to series of Index Fund Shares. Advisory Agreements would impose solicit comments on the proposed rule The Exchange represents that it has in unnecessary delays and expenses on the change, as modified by Amendment No. Subadvised Series. Applicants believe 1, from interested persons and to place surveillance procedures that are that the requested relief from the institute proceedings pursuant to adequate to properly monitor trading in Disclosure Requirements meets this Section 19(b)(2)(B) of the Act 7 to Index Fund Shares in all trading standard because it will improve the determine whether to approve or sessions and to deter and detect Adviser’s ability to negotiate fees paid disapprove the proposed rule change, as violations of Exchange rules and to the Sub-Advisers that are more modified by Amendment No. 1. applicable federal securities laws. In advantageous for the Subadvised Series. addition, the Exchange states that it II. Description of the Proposal, as does not believe that the proposal will For the Commission, by the Division of Modified by Amendment No. 1 8 Investment Management, under delegated result in any meaningful additional authority. BZX Rule 14.11(c) sets forth the costs associated with regulatory review, Eduardo A. Aleman, listing standards for Index Fund Shares. but to the extent that it does, the Assistant Secretary. Currently, the Exchange determines Exchange either already has or will whether a series of Index Fund Shares [FR Doc. 2018–22196 Filed 10–11–18; 8:45 am] dedicate sufficient additional resources meets the initial and continued listing to perform such reviews. BILLING CODE 8011–01–P standards under BZX Rules 14.11(c)(3), (4), and (5) by assessing the underlying index. The Exchange now proposes to SECURITIES AND EXCHANGE 9 permit either the portfolio holdings of a BZX Rule 14.11(c)(1)(C) currently defines the COMMISSION term ‘‘Reporting Authority’’ to mean, in part, the series of Index Fund Shares or the index official source for calculating and reporting [Release No. 34–84378; File No. SR– underlying a series of Index Fund information relating to a series of Index Fund CboeBZX–2018–044] Shares to satisfy the initial and Shares, including, but not limited to, any current continued listing standards under BZX index ‘‘or portfolio’’ value. The Exchange proposes Self-Regulatory Organizations; Cboe Rules 14.11(c)(3), (4), and (5). As a to delete the term ‘‘or portfolio’’ from this BZX Exchange, Inc.; Notice of Filing of provision. 10 Amendment No. 1 and Order Instituting 3 See Securities Exchange Act Release No. 83594 BZX Rule 14.11(c)(8) currently provides, in Proceedings To Determine Whether To (July 5, 2018), 83 FR 32158. part, that the Exchange may list and trade Index Approve or Disapprove a Proposed 4 15 U.S.C. 78s(b)(2). Fund Shares based on one or more foreign or Rule Change, as Modified by 5 See Securities Exchange Act Release No. 83919, domestic indexes ‘‘or portfolios’’ and that each Amendment No. 1, To Amend BZX Rule 83 FR 44083 (August 29, 2018). The Commission issue of Index Fund Shares based on each particular 14.11(c) (Index Fund Shares) designated October 9, 2018 as the date by which the index ‘‘or portfolio, or combination thereof,’’ shall Commission shall approve the proposed rule be designated as a separate series and shall be change, disapprove the proposed rule change, or October 5, 2018. identified by a unique symbol. The Exchange institute proceedings to determine whether to proposes to delete the terms ‘‘or portfolios’’ and ‘‘or approve or disapprove the proposed rule change. I. Introduction portfolio, or combination thereof,’’ from this 6 In Amendment No. 1, the Exchange: (1) provision. Proposed to delete certain references to the term On June 21, 2018, Cboe BZX 11 Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’) ‘‘portfolio’’ in BZX Rules 14.11(c)(1)(C), 14.11(c)(8), BZX Rule 14.11(c)(9)(B)(i)(b) currently and 14.11(c)(9)(B)(i)(b) such that the amended provides, in part, that the Exchange will consider filed with the Securities and Exchange provisions would apply only to the index the suspension of trading in and will initiate Commission (‘‘Commission’’), pursuant underlying a series of Index Fund Shares; (2) delisting proceedings for a series of Index Fund to Section 19(b)(1) of the Securities represented that, to the extent that the proposal Shares if the value of the index ‘‘or portfolio’’ of Exchange Act of 1934 (‘‘Act’’) 1 and Rule results in meaningful additional costs associated securities on which the series of Index Fund Shares 2 with regulatory review, the Exchange either already is based is no longer calculated or available, or an 19b–4 thereunder, a proposed rule has or will dedicate sufficient additional resources interruption to the dissemination of the value of the change to amend BZX Rule 14.11(c) to to perform such reviews; (3) supplemented its permit either the portfolio holdings of a arguments in support of the proposal; and (4) made index ‘‘or portfolio’’ of securities persists past the trading day in which it occurred, or the index ‘‘or series of Index Fund Shares or the index technical and conforming changes. Amendment No. 1 is available at: https://www.sec.gov/comments/sr- portfolio’’ on which a series of Index Fund Shares underlying a series of Index Fund cboebzx-2018-044/srcboebzx2018044.htm. is based is replaced with a new index ‘‘or portfolio’’ 7 15 U.S.C. 78s(b)(2)(B). unless certain conditions are met. The Exchange 1 15 U.S.C. 78s(b)(1). 8 For a full description of the proposal, see proposes to delete the terms ‘‘or portfolio’’ from this 2 17 CFR 240.19b–4. Amendment No. 1, supra note 6. provision.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51746 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

III. Proceedings to Determine Whether The Exchange also asserts that, after a the proposal, which are set forth in To Approve or Disapprove SR– series of Index Fund Shares is listed on Amendment No. 1,23 in addition to any CboeBZX–2018–044, as Modified by the Exchange, both the index other comments they may wish to Amendment No. 1, and Grounds for constituents and the portfolio holdings submit about the proposal. In particular, Disapproval Under Consideration are equally viable for evaluating the Commission seeks comment whether the shares are susceptible to regarding whether the proposal would The Commission is instituting 17 proceedings pursuant to Section manipulation. Moreover, according to result in the listing and trading of Index 19(b)(2)(B) of the Act 12 to determine the Exchange, portfolio holdings are Fund Shares that are susceptible to whether the proposed rule change, as arguably a better means for making manipulation because they overlie modified by Amendment No. 1, should these determinations than the indexes that do not meet the listing standards under BZX Rule 14.11(c). The be approved or disapproved. Institution underlying index because the portfolio Commission seeks comment regarding of proceedings is appropriate at this holdings reflect the actual assets held by whether the 80% Rule or any other time in view of the legal and policy a series of Index Fund Shares, whereas safeguard would help assure that, as issues raised by the proposal. Institution the index constituents are just the assets 18 long as the portfolio holdings meet the of proceedings does not indicate that the that the series is designed to track. listing standards under BZX Rules Commission has reached any Additionally, the Exchange states that 14.11(c)(3), (4), and (5), the Index Fund conclusions with respect to any of the any series of Index Fund Shares listed Shares would not be susceptible to issues involved. Rather, as described on the Exchange must meet all manipulation. The Commission also below, the Commission seeks and requirements applicable under the seeks comment regarding whether the encourages interested persons to Investment Company Act of 1940, 19 proposal sufficiently addressed provide comments on the proposed rule including Rule 35d–1, which requires manipulation risk by merely applying, change, as modified by Amendment a series of Index Fund Shares to invest without change, the current listing No. 1. at least 80% of its assets in investments 20 standards under BZX Rules 14.11(c)(3), Pursuant to Section 19(b)(2)(B) of the connoted by the index (‘‘80% Rule’’). (4), and (5) that are applicable to the Act,13 the Commission is providing According to the Exchange, the 80% underlying index to the portfolio notice of the grounds for disapproval Rule would provide assurance that there holdings of a series of Index Fund under consideration. The Commission is is significant overlap between the Shares.24 Moreover, the Commission instituting proceedings to allow for portfolio holdings and the underlying 21 seeks comment regarding whether the additional analysis of the proposal’s index. Finally, the Exchange compares Exchange has sufficiently justified the consistency with Section 6(b)(5) of the Index Fund Shares to Managed Fund flexibility it seeks under the proposal, Act,14 which requires, among other Shares, and notes that the generic listing which would allow the Exchange to things, that the rules of a national standards for Managed Fund Shares choose to apply the listing standards securities exchange be designed to under BZX Rule 14.11(i) apply to 22 under BZX Rules 14.11(c)(3), (4), and (5) prevent fraudulent and manipulative portfolio holdings. The Commission asks that to either the portfolio holdings or the acts and practices, to promote just and commenters address the sufficiency of underlying index, both at the time of equitable principles of trade, and to the Exchange’s statements in support of initial listing and at any time protect investors and the public interest. thereafter.25 As discussed above, the proposal Finally, the Commission into compliance are through natural market seeks comment regarding the sufficiency would permit either the portfolio movements, an index rebalance, a change to the holdings of a series of Index Fund of the Exchange’s statements in support index methodology, or a change of index. See id. of the deletion of certain references to Shares or the index underlying a series The Exchange asserts that: (1) It is not feasible for of Index Fund Shares to satisfy the an issuer to rely on natural market movements to the term ‘‘portfolio’’ in BZX Rules bring a series of Index Fund Shares back into initial and continued listing standards 14.11(c)(1)(C), 14.11(c)(8), and compliance with the listing standards; (2) an index 14.11(c)(9)(B)(i)(b). under BZX Rules 14.11(c)(3), (4), and rebalance may or may not bring a series of Index (5). The Exchange asserts that the Fund Shares back into compliance, and index IV. Procedure: Request for Written proposal would provide issuers of Index rebalances may not occur within the cure periods Comments specified in BZX Rule 14.12 (i.e., up to 180 calendar Fund Shares with a greater degree of days from initial notice of non-compliance with the The Commission requests that control over whether their products listing standards); and (3) changing an index’s interested persons provide written meet their ongoing listing obligations, methodology or changing the underlying index submissions of their views, data, and and that the proposal would accomplish would require significant effort and months of notice, and therefore also may not occur within the arguments with respect to the issues the policy goals underlying the listing cure periods specified in BZX Rule 14.12. See id. identified above, as well as any other 15 standards for Index Fund Shares. In 17 See id. at 5. concerns they may have with the particular, the Exchange asserts that the 18 See id. at 6. The Exchange acknowledges that proposal. In particular, the Commission index methodology for an index allowing the portfolio holdings to satisfy the generic invites the written views of interested underlying a series of Index Fund listing standards could raise concerns that a series of Index Fund Shares may be based on an index that persons concerning whether the Shares is out of the control of the issuers does not meet the generic listing standards and proposed rule change, as modified by of the products, and that it is therefore may be susceptible to manipulation. See Amendment No. 1, is consistent with problematic to require an issuer to id. at 9. However, the Exchange argues that, currently, a series of Index Fund Shares overlying Section 6(b)(5) or any other provision of ensure that the underlying index meets the Act, or the rules and regulations 16 an index that meets the generic listing standards listing standards on an ongoing basis. may have portfolio holdings that could theoretically be susceptible to manipulation (and/or the creation 23 See supra note 6. 12 15 U.S.C. 78s(b)(2)(B). and redemption process and the arbitrage 24 The Commission notes that there are 13 Id. mechanisms would not operate efficiently) because differences between the listing standards for Index 14 15 U.S.C. 78f(b)(5). the portfolio holdings do not meet the generic Fund Shares under BZX Rule 14.11(c) and the 15 See Amendment No. 1, supra note 6, at 7 and listing standards. See id. listing standards for Managed Fund Shares under 10. 19 17 CFR 270.35d–1. BZX Rule 14.11(i). 16 See id. at 7. According to the Exchange, where 20 See Amendment No. 1, supra note 6, at 9–10. 25 As proposed, the Exchange could assess the the index constituents no longer meet the listing 21 See id. portfolio holdings at one time, and assess the standards, the only ways for constituents to get back 22 See id. at 8. underlying index at another time.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51747

thereunder. Although there do not Washington, DC 20549 on official to approve the proposed rule change, appear to be any issues relevant to business days between the hours of disapprove the proposed rule change, or approval or disapproval that would be 10:00 a.m. and 3:00 p.m. Copies of the institute proceedings to determine facilitated by an oral presentation of filing also will be available for whether to disapprove the proposed views, data, and arguments, the inspection and copying at the principal rule change.5 On August 28, 2018, the Commission will consider, pursuant to office of the Exchange. All comments Exchange filed Amendment No. 1 to the Rule 19b–4 under the Act,26 any request received will be posted without change. proposed rule change, which amended for an opportunity to make an oral Persons submitting comments are and replaced the proposed rule change presentation.27 cautioned that we do not redact or edit as originally filed. On September 24, Interested persons are invited to personal identifying information from 2018, the Exchange filed Amendment submit written data, views, and comment submissions. You should No. 2 to the proposed rule change, arguments regarding whether the submit only information that you wish which amended and replaced the proposed rule change, as modified by to make available publicly. All proposed rule change, as modified by Amendment No. 1, should be approved submissions should refer to File Amendment No. 1.6 On October 3, 2018, or disapproved by November 2, 2018. Number SR–CboeBZX–2018–044 and the Exchange filed and withdrew Any person who wishes to file a rebuttal should be submitted by October 29, Amendment No. 3 to the proposed rule to any other person’s submission must 2018. Rebuttal comments should be change and filed Amendment No. 4 to file that rebuttal by November 16, 2018. submitted by November 16, 2018. the proposed rule change.7 The Comments may be submitted by any Commission has received no comments of the following methods: For the Commission, by the Division of Trading and Markets, pursuant to delegated on the proposed rule change. The Electronic Comments authority.28 Commission is publishing this notice to solicit comments on Amendment Nos. 2 • Use the Commission’s internet Eduardo A. Aleman, Assistant Secretary. and 4 from interested persons, and is comment form (http://www.sec.gov/ approving the proposed rule change, as rules/sro.shtml); or [FR Doc. 2018–22207 Filed 10–11–18; 8:45 am] modified by Amendment Nos. 2 and 4, • Send an email to rule-comments@ BILLING CODE 8011–01–P on an accelerated basis. sec.gov. Please include File Number SR– CboeBZX–2018–044 on the subject line. II. Description of the Proposal, as SECURITIES AND EXCHANGE Modified by Amendment Nos. 2 and 4 8 Paper Comments COMMISSION The Exchange proposes to amend • Send paper comments in triplicate BZX Rule 14.8 9 to adopt listing to Secretary, Securities and Exchange [Release No. 34–84377; File No. SR– CboeBZX–2018–047] Commission, 100 F Street NE, 5 See Securities Exchange Act Release No. 83938, Washington, DC 20549–1090. Self-Regulatory Organizations; Cboe 83 FR 44403 (August 30, 2018). The Commission All submissions should refer to File BZX Exchange, Inc.; Notice of Filing of designated October 9, 2018 as the date by which the Number SR–CboeBZX–2018–044. This Commission shall approve or disapprove, or Amendment Nos. 2 and 4 and Order institute proceedings to determine whether to file number should be included on the Granting Accelerated Approval of a disapprove, the proposed rule change. subject line if email is used. To help the Proposed Rule Change, as Modified by 6 In Amendment No. 2, the Exchange: (i) Noted Commission process and review your Amendment Nos. 2 and 4, To Amend that the proposed quantitative listing standards comments more efficiently, please use differ from the listing standards for closed-end BZX Rule 14.8, General Listings funds on NYSE American LLC (‘‘NYSE American’’) only one method. The Commission will Requirements—Tier I, To Adopt Listing in two ways and described those differences; (ii) post all comments on the Commission’s Standards for Closed-End Funds reorganized the proposed definitions of ‘‘Public internet website (http://www.sec.gov/ Distribution’’ and ‘‘Public Shareholders;’’ (iii) rules/sro.shtml). Copies of the October 5, 2018. specified the meaning of ‘‘market value’’ for purposes of Closed-End Funds (as defined herein); submission, all subsequent I. Introduction (iv) amended the proposed Market Maker amendments, all written statements requirement; (v) proposed additional continued with respect to the proposed rule On June 21, 2018, Cboe BZX listing standards; (vi) modified the proposed trading change that are filed with the Exchange, Inc. (‘‘BZX’’ or ‘‘Exchange’’) hours for Closed-End Funds; (vii) noted that BZX Commission, and all written filed with the Securities and Exchange Rule 14.6 also provides certain conditions under Commission (‘‘Commission’’), pursuant which the Exchange will halt trading in a Closed- communications relating to the End Fund; (viii) represented that Closed-End Funds proposed rule change between the to Section 19(b)(1) of the Securities will be subject to the Exchange’s surveillance 1 Commission and any person, other than Exchange Act of 1934 (‘‘Act’’) and Rule procedures for ETPs and other equity securities 2 those that may be withheld from the 19b–4 thereunder, a proposed rule traded on the Exchange; (ix) represented that the change to amend BZX Rule 14.8, governance requirements for Closed-End Funds public in accordance with the would be substantially similar to those applicable provisions of 5 U.S.C. 552, will be General Listings Requirements—Tier I, to closed-end funds on the Nasdaq Stock Market available for website viewing and to adopt listing standards for Closed- LLC (‘‘Nasdaq’’); and (x) made technical and printing in the Commission’s Public End Funds. The proposed rule change conforming changes. Amendment No. 2 is available was published for comment in the at: https://www.sec.gov/comments/sr-cboebzx-2018- Reference Room, 100 F Street NE, 047/srcboebzx2018047-4447313-175711.pdf. 3 Federal Register on July 11, 2018. On 7 In Amendment No. 4, the Exchange corrected 26 17 CFR 240.19b–4. August 24, 2018, pursuant to Section two typographical errors from Amendment No. 2. 27 Section 19(b)(2) of the Act, as amended by the 19(b)(2) of the Act,4 the Commission Amendment No. 4 is available at: https:// Securities Acts Amendments of 1975, Public Law designated a longer period within which www.sec.gov/comments/sr-cboebzx-2018-047/ 94–29 (June 4, 1975), grants the Commission srcboebzx2018047-4474562-175863.pdf. flexibility to determine what type of proceeding— 8 For a full description of the proposal, see 28 17 CFR 200.30–3(a)(12); 17 CFR 200.30– either oral or notice and opportunity for written Amendment No. 2, supra note 6 and Amendment 3(a)(57). comments—is appropriate for consideration of a No. 4, supra note 7. 1 particular proposal by a self-regulatory 15 U.S.C. 78s(b)(1). 9 Specifically, the Exchange proposes to add new organization. See Securities Acts Amendments of 2 17 CFR 240.19b–4. paragraphs (e) and (i) under BZX Rule 14.8 related 1975, Senate Comm. on Banking, Housing & Urban 3 See Securities Exchange Act Release No. 83596 to the initial and continued listing standards, Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 (July 5, 2018), 83 FR 32162. respectively, for Closed-End Funds. The Exchange (1975). 4 15 U.S.C. 78s(b)(2). Continued

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51748 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

standards for Closed-End Funds,10 (iii) Minimum bid price of at least $4 governance requirements in BZX Rule which are based on existing listing per share; and 14.10 applicable to all management standards applicable to closed-end (iv) At least four registered and active investment companies listed on the funds listed on NYSE American.11 Market Makers.17 Exchange, except as provided in the For initial listing, a Closed-End Fund The Group CEF Standard requires: exceptions to certain governance must meet the requirements for either (i) The Group has a Public requirements for management an individual Closed-End Fund Distribution with a market value or net investment companies under BZX Rule (‘‘Individual CEF Standard’’) or a assets of at least $75 million; 14.10(e)(1)(E) and Interpretation and Group 12 of Closed-End Funds (‘‘Group (ii) The Closed-End Funds in the Policy .13 of BZX Rule 14.10. The CEF Standard’’). The Individual CEF Group have a Public Distribution with Exchange notes that the governance Standard requires: an average market value or average net requirements for Closed-End Funds are (i) A Public Distribution 13 of: (a) At assets of at least $15 million; substantially similar to those applicable least 500,000 shares where there are at (iii) Each Closed-End Fund in the to closed-end funds listed on Nasdaq.21 least 800 Public Shareholders,14 except Group has a Public Distribution with a Closed-End Funds will be subject to that companies that are not banks whose market value or net assets of at least $10 the Exchange’s existing rules governing securities are concentrated in a limited million; and the trading of equity securities. The geographical area, or whose securities (iv) Each Closed-End Fund in the Exchange will allow trading in Closed- are largely held in block by institutional Group has: End Funds from 8:00 a.m. until 8:00 investors, are normally not considered (a) A Public Distribution of: (1) At p.m. Eastern Time 22 and the Exchange eligible for listing unless the Public least 500,000 shares where there are at represents that it has appropriate rules Distribution appreciably exceeds least 800 Public Shareholders, except to facilitate such transactions during all 500,000 shares; 15 or (b) at least that companies that are not banks whose trading sessions. The Exchange may 1,000,000 shares where there are at least securities are concentrated in a limited consider all relevant factors in 400 Public Shareholders; geographical area, or whose securities exercising its discretion to halt or (ii) A Public Distribution with a are largely held in block by institutional suspend trading in a Closed-End Fund. market value 16 or net assets of at least investors, are normally not considered The Exchange will halt trading in a $20 million; eligible for listing unless the Public Closed-End Fund under the conditions Distribution appreciably exceeds specified in BZX Rule 11.18 (Trading also proposes to renumber certain existing 500,000 shares; 18 or (2) at least Halts Due to Extraordinary Market paragraphs in BZX Rule 14.8 in order to accommodate these new paragraphs. 1,000,000 shares where there are at least Volatility). BZX Rule 14.6 (Obligations 10 As proposed in BZX Rule 14.8(a), the term 400 Public Shareholders; for Companies Listed on the Exchange) ‘‘Closed-End Funds’’ means closed-end (b) Minimum bid price of at least $4 also provides certain conditions under management investment companies registered per share; and which the Exchange will halt trading in under the Investment Company Act of 1940. (c) At least four registered and active a Closed-End Fund. Trading may also be 11 The Exchange notes that the proposed 19 quantitative listing standards are substantively Market Makers. halted because of market conditions or identical to the listing standards applicable to The Exchange will consider the for reasons that, in the view of the closed-end funds on NYSE American (‘‘NYSE suspension of trading in and will Exchange, make trading in the shares American CEF Rules’’), with two exceptions. Specifically, the proposed quantitative listing initiate delisting proceedings (and such inadvisable. These include whether standards are substantively identical to Sections Closed-End Fund will not be eligible to unusual conditions or circumstances 101(g), 102(a), and 1003(b)(i) and (v) in the NYSE follow the cure procedures outlined in detrimental to the maintenance of a fair American Company Guide. In addition, the BZX Rule 14.12) for a Closed-End Fund and orderly market are present. Exchange proposes to require that a Closed-End Fund has a minimum of four registered and active where: Trading of Closed-End Funds on the Market Makers, and that a Closed-End Fund has a (i) The market value of the Public Exchange will be subject to the minimum bid price of at least $4 per share initially Distribution and net assets each are less Exchange’s surveillance procedures for and at least $1 per share on an ongoing basis. These ETPs and other equity securities traded additional requirements are consistent with the than $5 million for more than 60 Exchange’s listing standards for corporate securities consecutive days; on the Exchange. The Exchange believes under current BZX Rules 14.8(b)(1)(A), (ii) The Closed-End Fund no longer that its surveillance procedures are 14.8(e)(1)(A), 14.8(b)(2)(C)(iii), and 14.8(e)(2)(B)(iv). qualifies as a closed-end fund under the adequate to properly monitor the 12 As defined in proposed BZX Rule 14.8(e)(2)(B), trading of Closed-End Funds on the a ‘‘Group’’ is a group of Closed-End Funds which Investment Company Act of 1940 are or will be listed on the Exchange, and which (unless the resultant entity otherwise Exchange during all trading sessions are managed by a common investment adviser or qualifies for listing); and to deter and detect violations of investment advisers who are ‘‘affiliated persons’’ as (iii) The Public Distribution is less Exchange rules and the applicable defined in Section 2(a)(3) of the Investment federal securities laws. Company Act of 1940 as amended. than 200,000; 13 As defined in proposed BZX Rule 14.8(e)(1)(B), (iv) The total number of Public III. Discussion and Commission the term ‘‘Public Distribution’’ means the public Shareholders is less than 300; Findings distribution including only Public Shareholders. (v) The Public Distribution has a 14 As defined in proposed BZX Rule 14.8(e)(1)(A), market value of less than $1 million for After careful review, the Commission the term ‘‘Public Shareholders’’ includes both finds that the proposed rule change, as shareholders of record and beneficial holders, but more than 90 consecutive days; is exclusive of the holdings of officers, directors, (vi) The bid price is less than $1 per modified by Amendment Nos. 2 and 4, controlling shareholders, and other concentrated share; or is consistent with the requirements of (i.e., 10% or greater), affiliated or family holdings. (vii) There are fewer than four the Act and the rules and regulations 15 As proposed, where the Public Distribution 20 thereunder applicable to a national appreciably exceeds 500,000 shares for companies registered and active Market Makers. that are not banks whose securities are concentrated Closed-End Funds listed on the in a limited geographical area, or whose securities Exchange will be subject to the 21 See Nasdaq Rule 5600 series. are largely held in block by institutional investors, 22 The Exchange notes that this includes three the 800 Public Shareholders requirement would trading sessions on the Exchange: The Pre-Opening 17 also apply. See proposed BZX Rule 14.8(e)(2)(A). Session from 8:00 a.m. to 9:30 a.m. Eastern Time; 16 For purposes of Closed-End Funds, the term 18 See supra note 15. Regular Trading Hours from 9:30 a.m. to 4:00 p.m. ‘‘market value’’ means the official closing price 19 See proposed BZX Rule 14.8(e)(2)(B). Eastern Time; and the After Hours Trading Session multiplied by the unit of count. 20 See proposed BZX Rule 14.8(i). from 4:00 p.m. to 8:00 p.m. Eastern Time.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51749

securities exchange.23 In particular, the IV. Solicitation of Comments on V. Accelerated Approval of Proposed Commission finds that the proposed Amendment Nos. 2 and 4 to the Rule Change, as Modified by rule change is consistent with Section Proposed Rule Change Amendment Nos. 2 and 4 6(b)(5) of the Act,24 which requires, among other things, that the rules of a Interested persons are invited to The Commission finds good cause to national securities exchange be submit written data, views, and approve the proposed rule change, as designed to prevent fraudulent and arguments concerning whether modified by Amendment Nos. 2 and 4, manipulative acts and practices, to Amendment Nos. 2 and 4 are consistent prior to the thirtieth day after the date promote just and equitable principles of with the Act. Comments may be of publication of notice of the filing of trade, to foster cooperation and submitted by any of the following Amendment Nos. 2 and 4 in the Federal coordination with persons engaged in methods: Register. The Commission notes that regulating, clearing, settling, processing Electronic Comments Amendment No. 2 enhanced information with respect to, and consistency between the Exchange’s facilitating transactions in securities, to • Use the Commission’s internet proposed listing standards and the remove impediments to and perfect the comment form (http://www.sec.gov/ existing listing standards for closed-end mechanism of a free and open market rules/sro.shtml); or funds on other exchanges, as well as the and a national market system, and, in • Send an email to rule-comments@ existing listing standards for corporate general, to protect investors and the sec.gov. Please include File Number SR– securities on the Exchange. Amendment public interest, and that the rules are CboeBZX–2018–047 on the subject line. No. 2 also provided additional not designed to permit unfair description of the proposed listing discrimination between customers, Paper Comments standards, trading rules, and issuers, brokers, or dealers. • Send paper comments in triplicate surveillance procedures, and made The Commission notes that the to Secretary, Securities and Exchange technical and conforming changes. The proposed initial and continued listing Commission, 100 F Street NE, changes in Amendment No. 2 assisted standards for Closed-End Funds under Washington, DC 20549–1090. the Commission in finding that the BZX Rule 14.8 are substantively proposal is consistent with the Act. The identical to the listing standards for All submissions should refer to File Commission notes that Amendment No. closed-end funds currently utilized by Number SR–CboeBZX–2018–047. This 4 only corrected two typographical NYSE American, with the exceptions of file number should be included on the errors. Accordingly, the Commission two additional requirements proposed subject line if email is used. To help the finds good cause, pursuant to Section by the Exchange.25 The Commission Commission process and review your 19(b)(2) of the Act,27 to approve the also notes that the Exchange’s comments more efficiently, please use proposed rule change, as modified by governance requirements that will be only one method. The Commission will Amendment Nos. 2 and 4, on an applicable to Closed-End Funds are post all comments on the Commission’s accelerated basis. substantially similar to those applicable internet website (http://www.sec.gov/ to closed-end funds listed on Nasdaq.26 rules/sro.shtml). Copies of the VI. Conclusion As discussed above, Closed-End Funds submission, all subsequent will be subject to the Exchange’s amendments, all written statements It is therefore ordered, pursuant to 28 existing rules governing the trading of with respect to the proposed rule Section 19(b)(2) of the Act, that the equity securities, and the Exchange change that are filed with the proposed rule change (SR–CboeBZX– believes that its surveillance procedures Commission, and all written 2018–047), as modified by Amendment are adequate to properly monitor the communications relating to the Nos. 2 and 4, be, and hereby is, trading of Closed-End Funds on the proposed rule change between the approved on an accelerated basis. Exchange during all trading sessions Commission and any person, other than For the Commission, by the Division of and to deter and detect violations of those that may be withheld from the Trading and Markets, pursuant to delegated Exchange rules and applicable federal public in accordance with the authority.29 securities laws. provisions of 5 U.S.C. 552, will be Eduardo A. Aleman, Based on the foregoing, the available for website viewing and Assistant Secretary. Commission believes that the proposal printing in the Commission’s Public [FR Doc. 2018–22206 Filed 10–11–18; 8:45 am] presents no novel regulatory issues and Reference Room, 100 F Street NE, BILLING CODE 8011–01–P finds the proposal to be consistent with Washington, DC 20549, on official the Act. business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such 23 In approving this proposed rule change, the filing will also be available for Commission has considered the proposed rule’s inspection and copying at the principal impact on efficiency, competition, and capital office of the Exchange. All comments formation. See 15 U.S.C. 78c(f). 24 15 U.S.C. 78f(b)(5). received will be posted without change. 25 As discussed above, in addition to the listing Persons submitting comments are standards for closed-end funds currently utilized by cautioned that we do not redact or edit NYSE American, the Exchange would require that personal identifying information from a Closed-End Fund has a minimum of four registered and active Market Makers, and that a comment submissions. You should Closed-End Fund has a minimum bid price of at submit only information that you wish least $4 per share initially and at least $1 per share to make available publicly. All on an ongoing basis. These two additional submissions should refer to File requirements are consistent with the Exchange’s 27 listing standards for corporate securities. See supra Number SR–CboeBZX–2018–047 and 15 U.S.C. 78s(b)(2). note 11. should be submitted on or before 28 Id. 26 See supra note 21. November 2, 2018. 29 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00090 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51750 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s ADV as a percentage of U.S. CADV. The COMMISSION Statement of the Purpose of, and the proposed 5% requirement would be the Statutory Basis for, the Proposed Rule same as the current 5% requirement [Release No. 34–84380; File No. SR– Change described in footnote **. NYSENAT–2018–22] For example, in a given month of 20 1. Purpose trading days, if an ETP Holder quotes at Self-Regulatory Organizations; NYSE The Exchange proposes to amend its least 5% of the NBBO in 3,000 securities National, Inc.; Notice of Filing and Schedule of Fees and Rebates to (1) each day for the first 10 days and quotes Immediate Effectiveness of Proposed revise the requirements to qualify for at least 5% of the NBBO in 2,400 Rule Change To Amend Its Schedule of the Adding Tier 2 credits; (2) adopt a securities each day for the last 10 days, Fees new Adding Tier 3 that would set forth the ETP Holder would have 2,700 fees for displayed and non-displayed securities on an average daily basis that October 5, 2018. orders that add liquidity to the 1 meet the 5% NBBO requirement for the Pursuant to Section 19(b)(1) of the Exchange; and (3) eliminate waiver of billing month. If that same ETP holder Securities Exchange Act of 1934 the volume requirements for the current 2 3 executes 10.5 million shares Adding (‘‘Act’’) and Rule 19b–4 thereunder, Taking Tier. ADV in that same month where U.S. notice is hereby given that, on The Exchange proposes to implement CADV is 7 billion shares, or 0.15% as September 28, 2018, NYSE National, the rule change on October 1, 2018. a percentage of U.S. CADV, the Inc. (‘‘Exchange’’ or ‘‘NYSE National’’) Adding Tier 2 Requirements qualifications for Adding Tier 2 would filed with the Securities and Exchange be met. Commission (‘‘Commission’’) the Currently, under Adding Tier 2, the proposed rule change as described in Exchange offers the following fees for Proposed Adding Tier 3 Items I, II, and III below, which Items transactions in stocks with a per share The Exchange proposes a new Adding have been prepared by the self- price of $1.00 or more when adding Tier 3 for displayed and non-displayed regulatory organization. The liquidity to the Exchange if the ETP orders in securities priced at or above Commission is publishing this notice to Holder quotes at least 5% of the NBBO 4 $1.00. Current Adding Tier 3 would be solicit comments on the proposed rule in 1,000 or more symbols on an average re-named ‘‘Adding Tier 4.’’ change from interested persons. daily basis, calculated monthly: Under proposed Adding Tier 3, the • I. Self-Regulatory Organization’s $0.0005 per share for adding Exchange would offer the following fees displayed orders; for transactions in stocks with a per Statement of the Terms of Substance of • the Proposed Rule Change $0.0005 per share for orders that set share price of $1.00 or more when a new Exchange BBO; 5 adding liquidity to the Exchange if the The Exchange proposes to amend its • $0.0007 per share for adding non- ETP Holder quotes at least 5% of the Schedule of Fees and Rebates to (1) displayed orders; and NBBO 6 in 2000 or more symbols on an revise the requirements to qualify for • $0.0005 per share for adding MPL average daily basis, calculated monthly, the Adding Tier 2 credits; (2) adopt a orders. and executes 0.10% or more Adding new Adding Tier 3 that would set forth The Exchange proposes to revise the ADV as a percentage of U.S. CADV: fees for displayed and non-displayed requirements for the Adding Tier 2 fees • $0.0009 per share for adding orders that add liquidity to the and provide alternative requirements to displayed orders; Exchange; and (3) eliminate waiver of qualify for the fees. • $0.0009 per share for orders that set the volume requirements for the current First, in addition to requiring ETP a new Exchange BBO; Taking Tier. The Exchange proposes to Holders to quote at least 5% of the • $0.0011 per share for adding non- implement the rule change on October NBBO in 1,000 or more symbols on an displayed orders; and 1, 2018. The proposed rule change is average daily basis, calculated monthly, • $0.0005 per share for MPL orders. available on the Exchange’s website at the Exchange proposes that ETP Holders For example, in a given month of 20 www.nyse.com, at the principal office of also execute 0.25% or more Adding trading days, if an ETP Holder quotes at the Exchange, and at the Commission’s average daily volume (‘‘ADV’’) as a least 5% of the NBBO in 2,400 securities Public Reference Room. percentage of U.S. consolidated ADV each day for the first 10 days and quotes at least 5% of the NBBO in 2,000 II. Self-Regulatory Organization’s (‘‘CADV’’). securities each day for the last 10 days, Statement of the Purpose of, and Second, the Exchange proposes that the ETP Holder would have 2,200 Statutory Basis for, the Proposed Rule ETP Holders can alternatively qualify securities on an average daily basis that Change for the above Adding Tier 2 fees when adding liquidity to the Exchange if the meet the 5% NBBO requirement for the In its filing with the Commission, the ETP Holder quotes at least 5% of the billing month. If that same ETP holder self-regulatory organization included NBBO in 2,500 or more symbols on an executes 10.5 million shares Adding statements concerning the purpose of, average daily basis, calculated monthly ADV in that same month where U.S. and basis for, the proposed rule change and execute 0.10% or more Adding CADV was 7 billion shares, or 0.15% as and discussed any comments it received a percentage of U.S. CADV, that ETP on the proposed rule change. The text 4 To satisfy the 5% requirement, ETP Holders holder would meet the qualifications for of those statements may be examined at must maintain a bid or an offer at the NBB or the Adding Tier 3. the places specified in Item IV below. NBO for at least 5% of the trading day in round lots The Exchange has prepared summaries, in a security for that security to count toward the Elimination of Volume Requirement tier requirement. The terms ‘‘NBB,’’ ‘‘NBO,’’ Waiver set forth in sections A, B, and C below, ‘‘NBBO,’’ and ‘‘BBO’’ are defined in NYSE National of the most significant parts of such Rule 1.1. As reflected in footnote * of the statements. 5 The term ‘‘BBO’’ is defined in Rule 1.1 to mean Schedule of Fees and Rebates, the the best bid or offer that is a Protected Quotation volume requirements for the current on the Exchange. The term ‘‘BB’’ means the best bid 1 15 U.S.C. 78s(b)(1). that is a Protected Quotation on the Exchange and Taking Tier is waived. The Exchange 2 15 U.S.C. 78a. the term ‘‘BO’’ means the best offer that is a 3 17 CFR 240.19b–4. Protected Quotation on the Exchange. 6 See note 5, supra.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51751

proposes to eliminate the waiver for the Similarly, the Exchange believes that requirements for Adding Tier 2, Adding Taking Tier. To effect this change, the providing an alternative way for ETP Tier 3, and Adding Tier 4. Exchange would delete ‘‘Taking Tier’’ Holders to qualify for the Adding Tier Finally, the Exchange believes that it from footnote *. 2 rates when adding liquidity to the is subject to significant competitive The proposed changes are not Exchange if the ETP Holder quotes at forces, as described below in the otherwise intended to address any other least 5% of the NBBO in 2,500 or more Exchange’s statement regarding the issues, and the Exchange is not aware of symbols on an average daily basis, burden on competition. any problems that ETP Holders would calculated monthly and 0.10% or more have in complying with the proposed Adding ADV as a percentage of U.S. For the foregoing reasons, the change. CADV is reasonable, equitable and not Exchange believes that the proposal is 2. Statutory Basis unfairly discriminatory because the consistent with the Act. proposed change would also encourage B. Self-Regulatory Organization’s The Exchange believes that the the submission of additional liquidity to Statement on Burden on Competition proposed rule change is consistent with a national securities exchange, thereby 7 Section 6(b) of the Act, in general, and contributing to robust levels of liquidity, furthers the objectives of Sections In accordance with Section 6(b)(8) of which benefits all market participants. 9 6(b)(4) and 6(b)(5) of the Act,8 in the Act, the Exchange believes that the The requirement for a higher number of proposed rule change would not impose particular, because it provides for the symbols quoting at least 5% of the equitable allocation of reasonable dues, any burden on competition that is not NBBO will encourage ETP Holders to necessary or appropriate in furtherance fees, and other charges among its quote at the NBBO, which contributes to of the purposes of the Act. Instead, the members, issuers and other persons price discovery and benefits all market Exchange believes that the proposed using its facilities and does not unfairly participants. Once again, the proposed changes would encourage the discriminate between customers, change is equitable and not unfairly issuers, brokers or dealers. discriminatory because the alternate submission of additional liquidity to a Adding Tier 2 Requirements qualification method would apply public exchange, thereby promoting equally to all similarly situated ETP price discovery and transparency and The Exchange believes that requiring enhancing order execution ETP Holders to execute 0.25% or more Holders that add liquidity to the Exchange and quote at the NBBO. opportunities for ETP Holders. The Adding average daily volume as a Exchange believes that this could percentage of U.S. CADV in addition to Proposed Adding Tier 3 promote competition between the quoting at least 5% of the NBBO in Exchange and other execution venues, 1,000 or more symbols on an average The Exchange believes that the including those that currently offer daily basis, calculated monthly, in order proposed Adding Tier 3 fees for ETP similar order types and comparable to qualify for the Adding Tier 2 fees is Holder with at least 5% of the NBBO in transaction pricing, by encouraging reasonable, equitable and not unfairly 2000 or more symbols on an average discriminatory because it would daily basis, calculated monthly, and additional orders to be sent to the encourage additional liquidity on the 0.10% or more Adding ADV as a Exchange for execution. Exchange and because members and percentage of U.S. CADV are reasonable Finally, the Exchange notes that it member organizations benefit from the because the proposed tiers would operates in a highly competitive market greater amounts of liquidity that will be further contribute to incentivizing ETP in which market participants can present on the Exchange. The Exchange Holders to provide increased displayed readily favor competing venues if they believes the proposed changes are liquidity on the Exchange, benefiting all deem fee levels at a particular venue to equitable and not unfairly ETP Holders. In addition, the Exchange be excessive or rebate opportunities discriminatory because it would believes that the proposed Adding Tier available at other venues to be more continue to encourage member 3 fees are equitable and not unfairly favorable. In such an environment, the organizations to send orders, thereby discriminatory as all similarly situated Exchange must continually adjust its contributing to robust levels of liquidity, market participants who add liquidity to fees and rebates to remain competitive the Exchange and quote at the NBBO which benefits all market participants. with other exchanges and with will be subject to the same fees on an The proposed changes will encourage alternative trading systems that have equal and non-discriminatory basis. the submission of additional liquidity to been exempted from compliance with a national securities exchange, thereby Elimination of Volume Requirement the statutory standards applicable to promoting price discovery and Waiver exchanges. Because competitors are free transparency and enhancing order to modify their own fees and credits in The Exchange believes it is reasonable execution opportunities for member response, and because market organizations from the substantial to eliminate waiver of the Taking Tier volume requirements because the participants may readily adjust their amounts of liquidity that are present on order routing practices, the Exchange the Exchange. Moreover, the proposed waiver [sic] will encourage additional believes that the degree to which fee changes are equitable and not unfairly liquidity on the Exchange and because changes in this market may impose any discriminatory because they would members and member organizations burden on competition is extremely apply equally to all qualifying member benefit from the greater amounts of organizations that add liquidity to the liquidity that will be present on the limited. As a result of all of these Exchange and quote at the NBBO. The Exchange. The proposed elimination of considerations, the Exchange does not Exchange notes that ETP Holders will the waiver is not unfairly discriminatory believe that the proposed changes will now have two ways to meet the because it will apply equally to all impair the ability of ETP Holders or requirements to qualify for Adding Tier similarly situated ETP Holders that add competing order execution venues to 2, one of which is described below. liquidity to the Exchange. The Exchange maintain their competitive standing in notes that the requirement, 50,000 the financial markets. 7 15 U.S.C. 78f(b). Adding ADV, is much smaller when 8 15 U.S.C. 78f(b)(4) & (5). compared with the Adding ADV 9 15 U.S.C. 78f(b)(8).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51752 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Commission (the ‘‘Commission’’) the Statement on Comments on the submission, all subsequent proposed rule change as described in Proposed Rule Change Received From amendments, all written statements Items I and II below, which Items have Members, Participants, or Others with respect to the proposed rule been prepared by the self-regulatory No written comments were solicited change that are filed with the organization. The Commission is or received with respect to the proposed Commission, and all written publishing this notice to solicit rule change. communications relating to the comments on the proposed rule change proposed rule change between the from interested persons. III. Date of Effectiveness of the Commission and any person, other than I. Self-Regulatory Organization’s Proposed Rule Change and Timing for those that may be withheld from the Statement of the Terms of Substance of Commission Action public in accordance with the the Proposed Rule Change The foregoing rule change is effective provisions of 5 U.S.C. 552, will be upon filing pursuant to Section available for website viewing and The Exchange proposes to list and 19(b)(3)(A) 10 of the Act and printing in the Commission’s Public trade shares of the First Trust Ultra subparagraph (f)(2) of Rule 19b–4 11 Reference Room, 100 F Street NE, Short Duration Municipal ETF under thereunder, because it establishes a due, Washington, DC 20549 on official NYSE Arca Rule 8.600–E (‘‘Managed fee, or other charge imposed by the business days between the hours of Fund Shares’’). The proposed rule Exchange. 10:00 a.m. and 3:00 p.m. Copies of the change is available on the Exchange’s At any time within 60 days of the filing also will be available for website at www.nyse.com, at the filing of such proposed rule change, the inspection and copying at the principal principal office of the Exchange, and at Commission summarily may office of the Exchange. All comments the Commission’s Public Reference temporarily suspend such rule change if received will be posted without change; Room. it appears to the Commission that such the Commission does not edit personal II. Self-Regulatory Organization’s action is necessary or appropriate in the identifying information from Statement of the Purpose of, and public interest, for the protection of submissions. Persons submitting Statutory Basis for, the Proposed Rule investors, or otherwise in furtherance of comments are cautioned that we do not Change redact or edit personal identifying the purposes of the Act. If the In its filing with the Commission, the Commission takes such action, the information from comment submissions. You should submit only information self-regulatory organization included Commission shall institute proceedings statements concerning the purpose of, 12 that you wish to make available under Section 19(b)(2)(B) of the Act to and basis for, the proposed rule change determine whether the proposed rule publicly. All submissions should refer to File Number SR–NYSENAT–2018–22 and discussed any comments it received change should be approved or on the proposed rule change. The text disapproved. and should be submitted on or before November 2,2018. of those statements may be examined at IV. Solicitation of Comments the places specified in Item IV below. For the Commission, by the Division of The Exchange has prepared summaries, Interested persons are invited to Trading and Markets, pursuant to delegated set forth in sections A, B, and C below, submit written data, views, and authority.13 of the most significant parts of such arguments concerning the foregoing, Eduardo A. Aleman, statements. including whether the proposed rule Assistant Secretary. change is consistent with the Act. [FR Doc. 2018–22209 Filed 10–11–18; 8:45 am] A. Self-Regulatory Organization’s Comments may be submitted by any of BILLING CODE 8011–01–P Statement of the Purpose of, and the the following methods: Statutory Basis for, the Proposed Rule Change Electronic Comments SECURITIES AND EXCHANGE 1. Purpose • Use the Commission’s internet COMMISSION comment form (http://www.sec.gov/ The Exchange proposes to list and rules/sro.shtml); or [Release No. 34–84381; File No. SR– trade shares (‘‘Shares’’) of the First Trust • Send an email to rule-comments@ NYSEArca–2018–72] Ultra Short Duration Municipal ETF sec.gov. Please include File Number SR– (‘‘Fund’’) under NYSE Arca Rule 8.600– Self-Regulatory Organizations; NYSE 4 NYSENAT–2018–22 on the subject line. Arca, Inc.; Notice of Filing and E, which governs the listing and Paper Comments Immediate Effectiveness of Proposed 4 The Securities and Exchange Commission • Send paper comments in triplicate Rule Change Relating To Listing and (‘‘Commission’’) has approved Exchange listing and to Secretary, Securities and Exchange Trading of Shares of the First Trust trading shares of actively managed funds that principally hold municipal bonds. See, e.g., Commission, 100 F Street NE, Ultra Short Duration Municipal ETF Under NYSE Arca Rule 8.600–E Securities Exchange Act Release Nos. 60981 Washington, DC 20549–1090. (November 10, 2009), 74 FR 59594 (November 18, All submissions should refer to File October 5, 2018. 2009) (SR–NYSEArca–2009–79) (order approving listing and trading of shares of the PIMCO Short- 1 Number SR–NYSENAT–2018–22. This Pursuant to Section 19(b)(1) of the Term Municipal Bond Strategy Fund and PIMCO file number should be included on the Securities Exchange Act of 1934 (the Intermediate Municipal Bond Strategy Fund); 79293 subject line if email is used. To help the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 (November 10, 2016), 81 FR 81189 (November 17, Commission process and review your notice is hereby given that, on 2016) (SR–NYSEArca–2016–107) (order approving listing and trading of shares of Cumberland comments more efficiently, please use September 28, 2018, NYSE Arca, Inc. Municipal Bond ETF under Rule 8.600); 80865 only one method. The Commission will (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed (June 6, 2017), 82 FR 26970 (June 12, 2017) (order post all comments on the Commission’s with the Securities and Exchange approving listing and trading of shares of the internet website (http://www.sec.gov/ Franklin Liberty Intermediate Municipal Opportunities ETF and Franklin Liberty Municipal 13 17 CFR 200.30–3(a)(12). Bond ETF under NYSE Arca Equities Rule 8.600); 10 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). 80885 (June 8, 2017), 82 FR 27302 (June 14, 2017) 11 17 CFR 240.19b–4(f)(2). 2 15 U.S.C. 78a. (order approving listing and trading of shares of the 12 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4. IQ Municipal Insured ETF, IQ Municipal Short

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51753

trading of Managed Fund Shares.5 The Commentary .06 further requires that Fund will seek to achieve its investment Shares will be offered by First Trust personnel who make decisions on the objective by investing at least 80% of its Exchange-Traded Fund III (the ‘‘Trust’’), open-end fund’s portfolio composition net assets (including investment which is registered with the must be subject to procedures designed borrowings) in municipal debt securities Commission as an open-end to prevent the use and dissemination of that pay interest that is exempt from management investment company.6 The material nonpublic information regular federal income taxes Fund is a series of the Trust. regarding the open-end fund’s portfolio. (collectively, ‘‘Municipal Securities’’).9 First Trust Advisors L.P. will be the The Adviser is not registered as a According to the Registration Fund’s investment adviser (‘‘Adviser’’). broker-dealer but is affiliated with a Statement, the Fund may invest in the First Trust Portfolios L.P. will be the broker-dealer, and has implemented and following Municipal Securities: Fund’s distributor. Brown Brothers will maintain a ‘‘fire wall’’ with respect • Municipal lease obligations (and Harriman & Co. will serve as custodian to such broker-dealer affiliate regarding certificates of participation in such (‘‘Custodian’’) and transfer agent access to information concerning the obligations), (‘‘Transfer Agent’’) for the Fund. composition of and/or changes to the • municipal general obligation bonds, • Commentary .06 to Rule 8.600–E Fund’s portfolio. In addition, personnel municipal revenue bonds, provides that, if the investment adviser • municipal notes, who make decisions on the Fund’s • to the investment company issuing portfolio composition must be subject to municipal cash equivalents, Managed Fund Shares is affiliated with • alternative minimum tax bonds, procedures designed to prevent the use • a broker-dealer, such investment adviser private activity bonds (including and dissemination of material, non- without limitation industrial shall erect and maintain a ‘‘fire wall’’ public information regarding the Fund’s between the investment adviser and the development bonds), portfolio. In the event (a) the Adviser • securities issued by custodial broker-dealer with respect to access to becomes registered as a broker-dealer or information concerning the composition receipt trusts,10 and newly affiliated with a broker-dealer, or • pre-refunded and escrowed to and/or changes to such investment (b) any new adviser to the Fund is a company portfolio.7 In addition, maturity bonds. registered broker-dealer or becomes The Fund may purchase new issues of affiliated with a broker-dealer, the Duration ETF, and IQ Municipal Intermediate ETF Municipal Securities on a when-issued under NYSE Arca Equities Rule 8.600); 82166 applicable adviser will implement and or forward commitment basis. (November 29, 2017), 82 FR 57497 (December 5, maintain a fire wall with respect to its The Municipal Securities in which 2017) (SR–NYSEArca–2017–90) (order approving relevant personnel or broker-dealer the Fund invests may be fixed, variable listing and trading of shares of the Hartford affiliate regarding access to information or floating rate securities. Municipal Opportunities ETF Under NYSE Arca concerning the composition and/or Rule 8.600–E). The Commission also has approved Other Investments listing and trading on the Exchange of shares of the changes to the Fund’s portfolio, and will SPDR Nuveen S&P High Yield Municipal Bond be subject to procedures designed to While the Fund, under normal market Fund under Commentary .02 of NYSE Arca Equities prevent the use and dissemination of conditions, will invest at least 80% of Rule 5.2(j)(3). See Securities Exchange Act Release No. 63881 (February 9, 2011), 76 FR 9065 (February material non-public information its net assets in Municipal Securities as 16, 2011) (SR–NYSEArca–2010–120). regarding such portfolio. described above, the Fund may, under 5 A Managed Fund Share is a security that normal market conditions, invest up to First Trust Ultra Short Duration represents an interest in an investment company 20% of its net assets in the aggregate in registered under the Investment Company Act of Municipal ETF 1940 (15 U.S.C. 80a–1) (‘‘1940 Act’’) organized as the securities and financial instruments an open-end investment company or similar entity According to the Registration described below. that invests in a portfolio of securities selected by Statement, the Fund will seek to The Fund may hold cash and cash its investment adviser consistent with its provide federally tax-exempt income equivalents.11 In addition, the Fund investment objectives and policies. In contrast, an consistent with capital preservation. may hold the following fixed income open-end investment company that issues 8 Investment Company Units, listed and traded on Under normal market conditions, the securities with maturities of three the Exchange under NYSE Arca Rule 5.2–E(j)(3), months or more: Fixed rate and floating seeks to provide investment results that correspond and misuse of non-public information by an rate U.S. government securities; generally to the price and yield performance of a investment adviser must be consistent with Rule specific foreign or domestic stock index, fixed 204A–1 under the Advisers Act. In addition, Rule income securities index or combination thereof. 206(4)–7 under the Advisers Act makes it unlawful exceed 10% of the Fund’s net assets as of the 6 The Trust is registered under the 1940 Act. On for an investment adviser to provide investment opening of business on the first day of such August 17, 2018, the Trust filed with the advice to clients unless such investment adviser has periods), the Fund may depart from its principal Commission its registration statement on Form N– (i) adopted and implemented written policies and investment strategies; for example, it may hold a 1A under the Securities Act of 1933 (15 U.S.C. 77a) procedures reasonably designed to prevent higher than normal proportion of its assets in cash. (‘‘Securities Act’’), and under the 1940 Act relating violation, by the investment adviser and its During such periods, the Fund may not be able to to the Fund (File Nos. 333–176976 and 811–22245) supervised persons, of the Advisers Act and the achieve its investment objectives. According to the (‘‘Registration Statement’’). The description of the Commission rules adopted thereunder; (ii) Exchange, the Fund may adopt a defensive strategy operation of the Trust and the Fund herein is based, implemented, at a minimum, an annual review when the Adviser believes securities in which the in part, on the Registration Statement. In addition, regarding the adequacy of the policies and Fund normally invests have elevated risks due to the Commission has issued an order granting procedures established pursuant to subparagraph (i) political or economic factors and in other certain exemptive relief to the Trust under the 1940 above and the effectiveness of their extraordinary circumstances. Act. See Investment Company Act Release No. implementation; and (iii) designated an individual 9 Municipal Securities are generally issued by or 30029 (April 10, 2012) (File No. 812–13795) (who is a supervised person) responsible for on behalf of states, territories or possessions of the (‘‘Exemptive Order’’). administering the policies and procedures adopted U.S. and the District of Columbia and their political 7 An investment adviser to an open-end fund is under subparagraph (i) above. subdivisions, agencies, authorities and other required to be registered under the Investment 8 The term ‘‘normal market conditions’’ is defined instrumentalities. Advisers Act of 1940 (the ‘‘Advisers Act’’). As a in NYSE Arca Rule 8.600–E(c)(5). The Exchange 10 According to the Registration Statement, result, the Adviser and its related personnel are represents that, on a temporary basis, including for custodial receipts are financial instruments that are subject to the provisions of Rule 204A–1 under the defensive purposes, during the initial invest-up underwritten by securities dealers or banks and Advisers Act relating to codes of ethics. This Rule period (for purposes of this filing, i.e., the six-week evidence ownership of future interest payments, requires investment advisers to adopt a code of period following the commencement of trading of principal payments or both on certain municipal ethics that reflects the fiduciary nature of the Shares on the Exchange) and during periods of high securities. relationship to clients as well as compliance with cash inflows or outflows (for purposes of this filing, 11 For purposes of this filing, the term ‘‘cash other applicable securities laws. Accordingly, i.e. rolling periods of seven calendar days during equivalents’’ has the meaning specified in procedures designed to prevent the communication which inflows or outflows of cash, in the aggregate, Commentary .01(c) to NYSE Arca Rule 8.600–E.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51754 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

certificates of deposit; bankers’ Participant that has executed an information will be publicly available at acceptances; repurchase agreements; agreement that has been agreed to by the no charge. bank time deposits; and commercial Distributor and the Transfer Agent with The approximate value of the Fund’s paper. respect to creations and redemptions of investments on a per-Share basis, the The Fund may hold the following Creation Units. All standard orders to indicative optimized portfolio value derivative instruments: U.S. Treasury create Creation Units must be received (‘‘IOPV’’), will be disseminated every 15 futures contracts; interest rate futures; by the Transfer Agent no later than the seconds during the Exchange Core futures on fixed income securities or closing time of the regular trading Trading Session (ordinarily 9:30 a.m. to fixed income securities indexes; and session on the NYSE (ordinarily 4:00 4:00 p.m., E.T.). exchange-traded and over-the-counter p.m., E.T.) (the ‘‘Closing Time’’) in each Investors can also obtain the Fund’s (‘‘OTC’’) credit default swaps, interest case on the date such order is placed in Statement of Additional Information rate swaps, swaps on fixed income order for the creation of Creation Units (‘‘SAI’’) and shareholder reports. The securities and swaps on fixed income to be effected based on the NAV of Fund’s SAI and shareholder reports will securities indexes. Shares as next determined on such date be available free upon request from the The Fund may invest in the securities after receipt of the order in proper form. Trust, and those documents and Form of exchange-traded funds (‘‘ETFs’’), or Shares may be redeemed only in N–CSR may be viewed on-screen or acquire short positions in such ETFs.12 Creation Units at their NAV next downloaded from the Commission’s The Fund will not invest in securities determined after receipt not later than website at www.sec.gov. Information or other financial instruments that have the Closing Time of a redemption regarding market price and trading not been described in this proposed rule request in proper form by the Fund volume of the Shares will be continually change. through the Transfer Agent and only on available on a real-time basis throughout Creation and Redemption of Shares a business day. The Custodian, through the day on brokers’ computer screens the National Securities Clearing and other electronic services. The Fund will issue and redeem Corporation (‘‘NSCC’’), will make Information regarding the previous 13 Shares on a continuous basis at NAV available on each business day, prior to day’s closing price and trading volume only in large blocks of Shares (‘‘Creation the opening of business of the Exchange, information for the Shares will be Units’’) in transactions with authorized the list of the names and quantities of published daily in the financial section participants, generally including broker- the instruments comprising the Creation of newspapers. dealers and large institutional investors Basket, as well as the estimated Cash Quotation and last sale information (‘‘Authorized Participants’’). Creation Component (if any), for that day. The for the Shares will be available via the Units generally will consist of 50,000 published Creation Basket will apply Consolidated Tape Association (‘‘CTA’’) Shares. The size of a Creation Unit is until a new Creation Basket is high-speed line, and from the Exchange. subject to change. As described in the announced on the following business Quotation information from brokers and Registration Statement, the Fund will day prior to commencement of trading dealers or pricing services will be issue and redeem Creation Units in in the Shares. available for Municipal Securities. Price exchange for an in-kind portfolio of information for money market funds is instruments and/or cash in lieu of such Availability of Information available from the applicable instruments (the ‘‘Creation Basket’’).14 The Fund will disclose on the Fund’s investment company’s website and from In addition, if there is a difference website (www.ftportfolios.com) at the market data vendors. Price information between the NAV attributable to a start of each business day the identities for ETFs and exchange-traded futures Creation Unit and the market value of and quantities of the securities and and swaps held by the Fund is available the Creation Basket exchanged for the other assets held by the Fund that will from the applicable exchange. Price Creation Unit, the party conveying form the basis of the Fund’s calculation information for certain fixed income instruments (which may include cash- of its NAV on that business day. The securities held by the Fund is available in-lieu amounts) with the lower value portfolio holdings so disclosed will be through the Financial Industry will pay to the other an amount in cash based on information as of the close of Regulatory Authority’s (FINRA) Trade equal to the difference (referred to as the business on the prior business day and/ Reporting and Compliance Engine ‘‘Cash Component’’). or trades that have been completed prior (‘‘TRACE’’). Price information for Creations and redemptions must be to the opening of business on that certain Municipal Securities held by the made by or through an Authorized business day and that are expected to Fund is available through the Electronic settle on the business day. Municipal Market Access (‘‘EMMA’’) of 12 For purposes of this filing, the term ‘‘ETFs’’ The website for the Fund will contain the Municipal Securities Rulemaking includes Investment Company Units (as described the following information, on a per- Board (‘‘MSRB’’). Price information for in NYSE Arca Rule 5.2–E(j)(3)); Portfolio Depositary Receipts (as described in NYSE Arca Rule 8.100– Share basis, for the Fund: (1) The prior cash equivalents; fixed income E); and Managed Fund Shares (as described in business day’s NAV; (2) the market securities with maturities of three NYSE Arca Rule 8.600–E). All ETFs will be listed closing price or midpoint of the bid-ask months or more (as described above), and traded in the U.S. on a national securities spread at the time of NAV calculation and OTC swaps will be available from exchange. While the Fund may invest in inverse ETFs, the Fund will not invest in leveraged (e.g., (the ‘‘Bid-Ask Price’’); and (3) a one or more major market data vendors. 2X, -2X, 3X or -3X) ETFs. calculation of the premium or discount Pricing information regarding each asset 13 The NAV of the Fund’s Shares generally will of the Bid-Ask Price against such NAV. class in which the Fund will invest will be calculated once daily Monday through Friday as The Fund’s portfolio holdings will be generally be available through of the close of regular trading on the New York disclosed on the Fund’s website daily nationally recognized data service Stock Exchange (‘‘NYSE’’), generally 4:00 p.m., Eastern Time (‘‘E.T.’’). NAV per Share will be after the close of trading on the providers through subscription calculated by dividing the Fund’s net assets by the Exchange and prior to the opening of agreements. In addition, the IOPV number of Fund Shares outstanding. trading on the Exchange the following (which is the Portfolio Indicative Value, 14 It is expected that the Fund will typically issue day. On a daily basis, the Fund will as defined in NYSE Arca Rule 8.600– and redeem Creation Units on a cash basis; however, at times, the Fund may issue and redeem disclose the information required under E(c)(3)), will be widely disseminated at Creation Units on an in-kind (or partially in-kind) NYSE Arca Rule 8.600–E(c)(2) to the least every 15 seconds during the Core (or partially cash) basis. extent applicable. The website Trading Session by one or more major

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51755

market data vendors or other the pre-refunded bonds. The escrow portfolio; the Fund will limit its information providers.15 would be sufficient to satisfy principal investments in Municipal Securities of and interest on the call or maturity date any one state to 20% of the Fund’s total Investment Restrictions and one would not look to the issuer for assets and will be diversified among The Fund’s investments will be repayment. Because pre-refunded municipal issuers in at least 10 states; consistent with its investment goal and bonds’ pricing would be valued based and the Fund will be diversified among will not be used to provide multiple on the applicable escrow (generally U.S. a minimum of five different industries returns of a benchmark or to produce government securities), such pre- or sectors of the municipal bond market. leveraged returns. refunded securities would not be readily The Exchange notes that the Under normal market conditions, susceptible to market manipulation and Commission has previously approved except for periods of high cash inflows it would be unnecessary to apply the an exception from requirements set or outflows,16 the Fund will satisfy the diversification and weighting criteria set forth in Commentary .01(b) relating to following criteria: forth above. municipal securities similar to those i. The Fund will have a minimum of proposed with respect to the Fund.21 20 non-affiliated issuers; 17 Application of Generic Listing The Exchange notes that, other than ii. No single Municipal Securities Requirements Commentary .01(b)(1) to Rule 8.600–E, issuer will account for more than 10% The Exchange is submitting this the Fund’s portfolio will meet all other of the weight of the Fund’s portfolio; 18 proposed rule change because the requirements of Rule 8.600–E. portfolio for the Fund will not meet all iii. No individual bond will account Trading Halts for more than 5% of the weight of the of the ‘‘generic’’ listing requirements of Fund’s portfolio; Commentary .01 to NYSE Arca Rule With respect to trading halts, the iv. The Fund will limit its 8.600–E applicable to the listing of Exchange may consider all relevant investments in Municipal Securities of Managed Fund Shares. The Fund’s factors in exercising its discretion to any one state to 20% of the Fund’s total portfolio will meet all such halt or suspend trading in the Shares of assets and will be diversified among requirements except for those set forth the Fund.22 Trading in Shares of the issuers in at least 10 states; in Commentary .01(b)(1).20 Fund will be halted if the circuit breaker v. The Fund will be diversified among The Exchange believes that it is parameters in NYSE Arca Rule 7.12–E a minimum of five different industries appropriate and in the public interest to have been reached. Trading also may be or sectors of the municipal bond approve listing and trading of Shares of halted because of market conditions or market.19 the Fund on the Exchange for reasons that, in the view of the Pre-refunded bonds will be excluded notwithstanding that the Fund would Exchange, make trading in the Shares from the above limits. The Adviser not meet the requirements of inadvisable. represents that, with respect to pre- Commentary .01(b)(1) to Rule 8.600–E Trading Rules refunded bonds (also known as in that the Fund’s investments in The Exchange deems the Shares to be refunded or escrow-secured bonds, the municipal securities will be well- equity securities, thus rendering trading issuer ‘‘prerefunds’’ the bond by setting diversified. in the Shares subject to the Exchange’s aside in advance all or a portion of the The Exchange believes that permitting existing rules governing the trading of amount to be paid to the bondholders Fund Shares to be listed and traded on equity securities. Shares will trade on when the bond is called. Generally, an the Exchange notwithstanding that less NYSE Arca from 4 a.m. to 8 p.m., E.T. issuer uses the proceeds from a new than 75% of the weight of the Fund’s in accordance with NYSE Arca Rule bond issue to buy high grade, interest portfolio may consist of components 7.34–E (Early, Core, and Late Trading bearing debt securities, including direct with $100 million minimum original Sessions). The Exchange has obligations of the U.S. government, principal amount outstanding would appropriate rules to facilitate which are then deposited in an provide the Fund with greater ability to transactions in the Shares during all irrevocable escrow account held by a select from a broad range of Municipal trading sessions. As provided in NYSE trustee bank to secure all future Securities, as described above, that Arca Rule 7.6–E, the minimum price payments of principal and interest on would support the Fund’s investment goal. variation (‘‘MPV’’) for quoting and entry of orders in equity securities traded on 15 Currently, it is the Exchange’s understanding The Exchange believes that, that several major market data vendors display and/ notwithstanding that the Fund’s NYSE Arca is $0.01, with the exception or make widely available Portfolio Indicative portfolio may not satisfy Commentary of securities that are priced less than Values taken from CTA or other data feeds. .01(b)(1) to Rule 8.600–E, the Fund’s 16 See note 8, supra. portfolio will not be susceptible to 21 See Securities Exchange Act Release Nos. 17 For the avoidance of doubt, in the case of manipulation. As noted above, the 82974 (March 30, 2018), 83 FR 14698 (April 5, Municipal Securities that are issued by entities 2018) (SR–NYSEArca–2017–99) (Notice of Filing of whose underlying assets are municipal bonds, the Fund’s investments, excluding pre- Amendment No. 3 and Order Granting Accelerated underlying municipal bonds will be taken into refunded bonds, as described above, Approval of a Proposed Rule Change, as Modified account. Additionally, for purposes of this will be diversified among a minimum of by Amendment No. 3, to List and Trade Shares of restriction, each state and each separate political 20 non-affiliated municipal issuers; no the Hartford Schroders Tax-Aware Bond ETF Under subdivision, agency, authority, or instrumentality of NYSE Arca Rule 8.600–E); 82166 (November 29, such state, each multi-state agency or authority, and single Municipal Securities issuer will 2017), 82 FR 57497 (December 5, 2017) (SR– each guarantor, if any, would be treated as separate, account for more than 10% of the NYSEArca–2017–90) (Order Approving a Proposed non-affiliated issuers of Municipal Securities. weight of the Fund’s portfolio; no Rule Change, as Modified by Amendment No. 2, to 18 See note 17, supra. individual bond will account for more List and Trade Shares of the Hartford Municipal 19 The Fund’s investments in Municipal Opportunities ETF Under NYSE Arca Rule 8.600– Securities will include investments in state and than 5% of the weight of the Fund’s E). See also, Securities Exchange Act Release 83982 local (e.g., county, city, town) Municipal Securities (August 29, 2018) (SR–NYSEArca–2018–62) (Notice relating to such industries or sectors as the 20 Commentary .01(b)(1) to NYSE Arca Rule of Filing and Immediate Effectiveness of Proposed following: Airports; bridges and highways; 8.600–E provides that components that in the Rule Change Relating to Listing and Trading of hospitals; housing; jails; mass transportation; aggregate account for at least 75% of the fixed Shares of the American Century Diversified nursing homes; parks; public buildings; recreational income weight of the portfolio each shall have a Municipal Bond ETF under NYSE Arca Rule 8.600– facilities; school facilities; streets; and water and minimum original principal amount outstanding of E). sewer works. $100 million or more. 22 See NYSE Arca Rule 7.12–E.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51756 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

$1.00 for which the MPV for order entry Intermarket Surveillance Group (‘‘ISG’’), (2) NYSE Arca Rule 9.2–E(a), which is $0.0001. and the Exchange or FINRA, on behalf imposes a duty of due diligence on its The Shares of the Fund will conform of the Exchange, or both, may obtain Equity Trading Permit Holders to learn to the initial and continued listing trading information regarding trading in the essential facts relating to every criteria under NYSE Arca Rule 8.600–E. the Shares, ETFs and certain futures customer prior to trading the Shares; (3) Consistent with NYSE Arca Rule 8.600– from such markets and other entities.25 the risks involved in trading the Shares E(d)(2)(B)(ii), the Adviser will In addition, the Exchange may obtain during the Early and Late Trading implement and maintain, or be subject information regarding trading in the Sessions when an updated IOPV will to, procedures designed to prevent the Shares, ETFs and certain futures from not be calculated or publicly use and dissemination of material non- markets and other entities that are disseminated; (4) how information public information regarding the actual members of ISG or with which the regarding the IOPV and the Disclosed components of the Fund’s portfolio. The Exchange has in place a comprehensive Portfolio is disseminated; (5) the Exchange represents that, for initial surveillance sharing agreement. In requirement that Equity Trading Permit and/or continued listing, the Fund will addition, FINRA, on behalf of the Holders deliver a prospectus to be in compliance with Rule 10A–3 23 Exchange, is able to access, as needed, investors purchasing newly issued under the Act, as provided by NYSE trade information for certain fixed Shares prior to or concurrently with the Arca Rule 5.3–E. A minimum of 100,000 income securities held by the Fund confirmation of a transaction; and (6) Shares will be outstanding at the reported to FINRA’s TRACE. FINRA trading information. commencement of trading on the also can access data obtained from the In addition, the Bulletin will Exchange. The Exchange will obtain a MSRB relating to municipal bond reference that the Fund is subject to representation from the issuer of the trading activity for surveillance various fees and expenses described in Shares that the NAV per Share will be purposes in connection with trading in the Registration Statement. The Bulletin calculated daily and that the NAV and the Shares. will discuss any exemptive, no-action, the Disclosed Portfolio will be made In addition, the Exchange also has a and interpretive relief granted by the available to all market participants at general policy prohibiting the Commission from any rules under the the same time. The Fund’s investments distribution of material, non-public Act. The Bulletin will also disclose that will be consistent with the Fund’s information by its employees. the NAV for the Shares will be investment goal and will not be used to All statements and representations calculated after 4:00 p.m., E.T. each enhance leverage. made in this filing regarding (a) the trading day. description of the portfolio, (b) Surveillance limitations on portfolio holdings or 2. Statutory Basis The Exchange represents that trading reference assets, or (c) the applicability The basis under the Act for this in the Shares will be subject to the of Exchange listing rules specified in proposed rule change is the requirement existing trading surveillances, this rule filing shall constitute under Section 6(b)(5) 26 that an administered by FINRA on behalf of the continued listing requirements for exchange have rules that are designed to Exchange, or by regulatory staff of the listing the Shares of the Fund on the prevent fraudulent and manipulative Exchange, which are designed to detect Exchange. acts and practices, to promote just and violations of Exchange rules and The issuer has represented to the equitable principles of trade, to remove applicable federal securities laws. The Exchange that it will advise the impediments to, and perfect the Exchange represents that these Exchange of any failure by the Fund to mechanism of a free and open market procedures are adequate to properly comply with the continued listing and, in general, to protect investors and monitor Exchange trading of the Shares requirements, and, pursuant to its the public interest. in all trading sessions and to deter and obligations under Section 19(g)(1) of the The Exchange believes that the detect violations of Exchange rules and Act, the Exchange will monitor for proposed rule change is designed to federal securities laws applicable to compliance with the continued listing prevent fraudulent and manipulative trading on the Exchange.24 requirements. If the Fund is not in acts and practices in that the Shares will The surveillances referred to above compliance with the applicable listing be listed and traded on the Exchange generally focus on detecting securities requirements, the Exchange will pursuant to the initial and continued trading outside their normal patterns, commence delisting procedures under listing criteria in NYSE Arca Rule which could be indicative of NYSE Arca Rule 5.5–E(m). 8.600–E. The Exchange has in place manipulative or other violative activity. surveillance procedures that are When such situations are detected, Information Bulletin adequate to properly monitor trading in surveillance analysis follows and Prior to the commencement of the Shares in all trading sessions and to investigations are opened, where trading, the Exchange will inform its deter and detect violations of Exchange appropriate, to review the behavior of Equity Trading Permit Holders in an rules and applicable federal securities all relevant parties for all relevant Information Bulletin (‘‘Bulletin’’) of the laws. The Exchange or FINRA, on behalf trading violations. special characteristics and risks of the Exchange, or both, will The Exchange or FINRA, on behalf of associated with trading the Shares. communicate as needed regarding the Exchange, or both, will Specifically, the Bulletin will discuss trading in the Shares, ETFs and certain communicate as needed regarding the following: (1) The procedures for futures with other markets and other trading in the Shares, ETFs and certain purchases and redemptions of Shares in entities that are members of the ISG, and futures with other markets and other Creation Unit aggregations (and that the Exchange or FINRA, on behalf of the entities that are members of the Shares are not individually redeemable); Exchange, or both, may obtain trading information regarding trading in the 23 17 CFR 240.10A–3. 25 For a list of the current members of ISG, see Shares, ETFs and certain futures from 24 FINRA conducts cross-market surveillances on www.isgportal.org. The Exchange notes that not all such markets and other entities. In behalf of the Exchange pursuant to a regulatory components of the Disclosed Portfolio may trade on services agreement. The Exchange is responsible for markets that are members of ISG or with which the addition, the Exchange may obtain FINRA’s performance under this regulatory services Exchange has in place a comprehensive agreement. surveillance sharing agreement. 26 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51757

information regarding trading in the refunded securities would not be readily the Fund will be halted if the circuit Shares, ETFs and certain futures from susceptible to market manipulation and breaker parameters in NYSE Arca Rule markets and other entities that are it would be unnecessary to apply the 7.12–E have been reached or because of members of ISG or with which the diversification and weighting criteria set market conditions or for reasons that, in Exchange has in place a comprehensive forth above in ‘‘Investment the view of the Exchange, make trading surveillance sharing agreement. In Restrictions.’’ in the Shares inadvisable. Trading in the addition, FINRA, on behalf of the The Exchange believes that permitting Shares will be subject to NYSE Arca Exchange, is able to access, as needed, Fund Shares to be listed and traded on Rule 8.600–E(d)(2)(D), which sets forth trade information for certain fixed the Exchange notwithstanding that less circumstances under which Shares of income securities held by the Fund than 75% of the weight of the Fund’s the Fund may be halted. In addition, as reported to TRACE. FINRA also can portfolio may consist of components noted above, investors will have ready access data obtained from the MSRB with $100 million minimum original access to information regarding the relating to municipal bond trading principal amount outstanding would Fund’s holdings, the IOPV, the activity for surveillance purposes in provide the Fund with greater ability to Disclosed Portfolio, and quotation and connection with trading in the Shares. select from a broad range of municipal last sale information for the Shares. The Adviser is not a registered broker- securities, as described above, that The proposed rule change is designed dealer but is affiliated with a broker- would support the Fund’s investment to perfect the mechanism of a free and dealer. The Adviser has implemented objective. open market and, in general, to protect and will maintain a ‘‘fire wall’’ with The proposed rule change is designed investors and the public interest in that respect to such broker-dealer affiliate to promote just and equitable principles it will facilitate the listing and trading regarding access to information of trade and to protect investors and the of an additional type of actively- concerning the composition of and/or public interest in that the Exchange will managed exchange-traded product that changes to the Fund’s portfolio. obtain a representation from the issuer principally holds municipal securities of the Shares that the NAV per Share The Exchange believes that it is and that will enhance competition will be calculated daily and that the among market participants, to the appropriate and in the public interest to NAV and the Disclosed Portfolio will be approve listing and trading of Shares of benefit of investors and the marketplace. made available to all market As noted above, the Exchange has in the Fund on the Exchange participants at the same time. In notwithstanding that the Fund would place surveillance procedures relating to addition, a large amount of information trading in the Shares and may obtain not meet the requirements of is publicly available regarding the Fund Commentary .01(b)(1) to Rule 8.600–E information via ISG from other and the Shares, thereby promoting exchanges that are members of ISG or in that the Fund’s investments in market transparency. Quotation and last municipal securities will be well- with which the Exchange has entered sale information for the Shares will be into a comprehensive surveillance diversified. As noted above, the Fund’s available via the CTA high-speed line, investments will be well-diversified in sharing agreement. In addition, as noted and from the national securities above, investors will have ready access that the Fund, excluding pre-refunded exchange on which they are listed. bonds, as described above, will have a to information regarding the Fund’s Quotation information from brokers and holdings, IOPV, Disclosed Portfolio, and minimum of 20 non-affiliated municipal dealers or pricing services will be issuers; no single municipal issuer will quotation and last sale information for available for Municipal Securities. Price the Shares. account for more than 10% of the information for money market funds is weight of the Fund’s portfolio; no available from the applicable B. Self-Regulatory Organization’s individual bond will account for more investment company’s website and from Statement on Burden on Competition than 5% of the weight of the Fund’s market data vendors. Price information The Exchange does not believe that portfolio; the Fund will limit its for ETFs and exchange-traded futures the proposed rule change will impose investments in Municipal Securities of and swaps held by the Fund is available any burden on competition that is not any one state to 20% of the Fund’s total from the applicable exchange. Price necessary or appropriate in furtherance assets and will be diversified among information for certain fixed income of the purpose of the Act. The Exchange municipal issuers in at least 10 states; securities held by the Fund is available notes that the proposed rule change will and the Fund will be diversified among through FINRA’s TRACE. Price facilitate the listing and trading of an a minimum of five different industries information for certain Municipal additional type of actively-managed or sectors of the municipal bond market. Securities held by the Fund is available exchange-traded product that With respect to the proposed exclusion through EMMA of the MSRB. Price principally holds municipal securities for pre-refunded bonds described above, information for cash equivalents; fixed and that will enhance competition generally, an issuer uses the proceeds income securities with maturities of among market participants, to the from a new bond issue to buy high three months or more (as described benefit of investors and the marketplace. grade, interest bearing debt securities, above), and OTC swaps will be available including direct obligations of the U.S. from one or more major market data C. Self-Regulatory Organization’s government, which are then deposited vendors. Pricing information regarding Statement on Comments on the in an irrevocable escrow account held each asset class in which the Fund will Proposed Rule Change Received From by a trustee bank to secure all future invest will generally be available Members, Participants, or Others payments of principal and interest on through nationally recognized data No written comments were solicited the pre-refunded bonds. The escrow service providers through subscription or received with respect to the proposed would be sufficient to satisfy principal agreements. rule change. and interest on the call or maturity date Prior to the commencement of and one would not look to the issuer for trading, the Exchange will inform its III. Date of Effectiveness of the repayment. Because pre-refunded Equity Trading Permit Holders in an Proposed Rule Change and Timing for bonds’ pricing would be valued based Information Bulletin of the special Commission Action on the applicable escrow (generally U.S. characteristics and risks associated with The Exchange has filed the proposed government securities), such pre- trading the Shares. Trading in Shares of rule change pursuant to Section

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51758 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

19(b)(3)(A)(iii) of the Act 27 and Rule designates the proposed rule change Reference Room, 100 F Street NE, 19b–4(f)(6) thereunder.28 Because the operative upon filing.33 Washington, DC 20549, on official proposed rule change does not: (i) At any time within 60 days of the business days between the hours of Significantly affect the protection of filing of such proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the investors or the public interest; (ii) Commission summarily may filing also will be available for impose any significant burden on temporarily suspend such rule change if inspection and copying at the principal competition; and (iii) become operative it appears to the Commission that such office of the Exchange. All comments prior to 30 days from the date on which action is necessary or appropriate in the received will be posted without change. it was filed, or such shorter time as the public interest, for the protection of Persons submitting comments are Commission may designate, if investors, or otherwise in furtherance of cautioned that we do not redact or edit consistent with the protection of the purposes of the Act. If the personal identifying information from investors and the public interest, the Commission takes such action, the comment submissions. You should proposed rule change has become Commission shall institute proceedings submit only information that you wish effective pursuant to Section 19(b)(3)(A) under Section 19(b)(2)(B)34 of the Act to to make available publicly. All of the Act and Rule 19b–4(f)(6)(iii) determine whether the proposed rule submissions should refer to File thereunder.29 change should be approved or Number SR–NYSEArca–2018–72, and A proposed rule change filed under disapproved. should be submitted on or before Rule 19b–4(f)(6)30 normally does not IV. Solicitation of Comments November 2,2018. become operative prior to 30 days after the date of the filing. However, pursuant Interested persons are invited to For the Commission, by the Division of Trading and Markets, pursuant to delegated 31 submit written data, views, and to Rule 19b4(f)(6)(iii), the Commission authority.35 may designate a shorter time if such arguments concerning the foregoing, Eduardo A. Aleman, action is consistent with the protection including whether the proposed rule of investors and the public interest. The change is consistent with the Act. Assistant Secretary. Exchange has asked the Commission to Comments may be submitted by any of [FR Doc. 2018–22210 Filed 10–11–18; 8:45 am] waive the 30-day operative delay so that the following methods: BILLING CODE 8011–01–P the proposal may become operative Electronic Comments immediately upon filing. The Exchange • states that the waiver of the 30-day Use the Commission’s internet SMALL BUSINESS ADMINISTRATION delayed operative date is consistent comment form (http://www.sec.gov/ rules/sro.shtml); or National Women’s Business Council; with the protection of investors and the • public interest because the Commission Send an email to rule-comments@ Federal Register Notice of Public has previously approved an exception sec.gov. Please include File Number SR– Meeting NYSEArca–2018–72 on the subject line. from requirements set forth in AGENCY: National Women’s Business Commentary .01(b) relating to Paper Comments Council, Small Business municipal securities similar to those • Send paper comments in triplicate Administration. proposed with respect to the Fund.32 to Secretary, Securities and Exchange ACTION: Notice of open public meeting. Additionally, the Exchange asserts that Commission, 100 F Street NE, waiver will permit the prompt listing Washington, DC 20549–1090. DATES: The Public Meeting will be held and trading of an additional issue of All submissions should refer to File on Thursday, October 25, 2018, from Managed Fund Shares that principally 8:30 to 10:30a.m. EST. holds municipal securities, which will Number SR–NYSEArca–2018–72. This ADDRESSES: The meeting will be held at enhance competition among issuers, file number should be included on the the Washington, DC Women’s Business investment advisers and other market subject line if email is used. To help the Center located at 740 15th Street NW, participants with respect to listing and Commission process and review your trading of issues of Managed Fund comments more efficiently, please use Washington, DC 20005. Shares that hold municipal securities. only one method. The Commission will FOR FURTHER INFORMATION CONTACT: The The Commission believes that waiver of post all comments on the Commission’s meeting is open to the public; however the 30-day operative delay is consistent internet website (http://www.sec.gov/ advance notice of attendance is with the protection of investors and the rules/sro.shtml). Copies of the requested. To RSVP and confirm public interest because the proposed submission, all subsequent attendance, the general public should continuing listing standards for the amendments, all written statements email Ashley Judah at Ashley.Judah@ Shares are substantially similar to those with respect to the proposed rule sba.gov with subject line—‘‘RSVP for applicable to others approved by the change that are filed with the 10/25/18 Public Meeting.’’ Commission for similar funds. Commission, and all written For more information, please visit the Accordingly, the Commission hereby communications relating to the NWBC website at www.nwbc.gov or call waives the 30-day operative delay and proposed rule change between the 202–205–6829. Commission and any person, other than SUPPLEMENTARY INFORMATION: Pursuant 27 15 U.S.C. 78s(b)(3)(A)(iii). those that may be withheld from the to section 10(a)(2) of the Federal 28 17 CFR 240.19b–4(f)(6). public in accordance with the Advisory Committee Act (5 U.S.C., 29 17 CFR 240.19b–4(f)(6) (iii). As required under provisions of 5 U.S.C. 552, will be Appendix 2), the National Women’s Rule 19b–4(f)(6)(iii), the Exchange provided the available for website viewing and Commission with written notice of its intent to file Business Council (NWBC) announces its the proposed rule change, along with a brief printing in the Commission’s Public first public meeting of Fiscal Year 2019. description and text of the proposed rule change, NWBC was created in 1988 by H.R. at least five business days prior to the date of filing 33 For purposes only of waiving the 30-day 5050, the Women’s Business Ownership of the proposed rule change, or such shorter time operative delay, the Commission has also Act, to serve as an independent source as designated by the Commission. considered the proposed rule’s impact on 30 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See of advice and policy recommendations 31 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f). 32 See note 21, supra. 34 15 U.S.C. 78s(b)(2)(B). 35 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51759

to the President, the Congress, and the March 27, 1978, the Foreign Affairs The Board will exercise jurisdiction Administrator to the U.S. Small Reform and Restructuring Act of 1998 over the abandonment, construction, or Business Administration (SBA), on (112 Stat. 2681, et seq.; 22 U.S.C. 6501 sale components of a joint relocation issues of importance to women business note, et seq.), Delegation of Authority project, and require separate approval or owners and entrepreneurs. No. 234 of October 1, 1999, Delegation exemption, only where the removal of This meeting will celebrate the 30th of Authority No. 236–3 of August 28, track affects service to shippers or the anniversary of the establishment of 2000, and Delegation of Authority No. construction of new track or transfer of NWBC and the SBA’s Office of Women’s 236–15 of September 28, 2018. existing track involves expansion into Business Ownership. It will focus on the new territory, or a change in existing Jennifer Z. Galt, past 30 years of growth and competitive situations. See City of accomplishments of women business Principal Deputy Assistant Secretary for Detroit v. Canadian Nat’l Ry., 9 I.C.C.2d Educational and Cultural Affairs, Department owners, made possible by the passage of of State. 1208 (1993), aff’d sub nom. Detroit/ H.R. 5050. This meeting will also look Wayne Cty. Port Auth. v. ICC, 59 F.3d ahead to the future of women’s business [FR Doc. 2018–22228 Filed 10–11–18; 8:45 am] 1314 (D.C. Cir. 1995); Flats Indus. R.R. enterprise. SBA Administrator Linda BILLING CODE 4710–05–P & Norfolk S. Ry.—Joint Relocation McMahon will be participating as a Project Exemption—in Cleveland, Ohio, speaker. FD 34108 (STB served Nov. 15, 2001). Dated: October 2, 2018. SURFACE TRANSPORTATION BOARD Line relocation projects may embrace Nicole Nelson, trackage rights transactions such as the [Docket No. FD 36203] one involved here. See Detroit, Toledo Committee Management Officer (Acting). & Ironton R.R.—Trackage Rights— [FR Doc. 2018–22037 Filed 10–11–18; 8:45 am] The Indiana Rail Road Company and Between Wash. Court House & Greggs, BILLING CODE 8025–01–P CSX Transportation Inc.—Joint Ohio—Exemption, 363 I.C.C. 878 (1981). Relocation Project Exemption—Terre Under these standards, the incidental Haute, Ind. trackage rights and construction DEPARTMENT OF STATE On September 27, 2018, the Indiana components require no separate [Public Notice: 10584] Rail Road Company (INRD) filed a approval or exemption when the verified notice of exemption under 49 relocation project, as here, will not Notice of Determinations; Culturally CFR 1180.2(d)(5) to enter into a joint disrupt service to shippers and thus Significant Objects Imported for project with CSX Transportation, Inc. qualifies for the class exemption at 49 Exhibition—Determinations: ‘‘Luigi (CSXT), involving the relocation of a CFR 1180.2(d)(5). Valadier: Splendor in 18th Century segment of INRD’s rail line in Terre As a condition to this exemption, any Rome’’ Exhibition Haute, Ind. employees affected by the trackage The purpose of the joint relocation rights will be protected by the SUMMARY: Notice is hereby given of the project is to allow for the removal of the conditions imposed in Norfolk & following determinations: I hereby existing crossing diamond at Spring Hill Western Railway—Trackage Rights— determine that certain objects to be Interlocking on the southeast side of Burlington Northern, Inc., 354 I.C.C. 605 included in the exhibition ‘‘Luigi Terre Haute, reduce maintenance (1978), as modified in Mendocino Coast Valadier: Splendor in 18th Century expenses, and simplify track Railway—Lease & Operate—California Rome,’’ imported from abroad for configuration and train operations at the Western Railroad, 360 I.C.C. 653 (1980). temporary exhibition within the United crossing. The joint relocation project The transaction may be consummated States, are of cultural significance. The notice covers the following actions: on or after October 27, 2018, the objects are imported pursuant to a loan (1) INRD will acquire overhead effective date of the exemption (30 days agreement with the foreign owner or trackage rights on CSXT’s CE&D after the verified notice was filed). custodian. I also determine that the subdivision extending from the If the notice contains false or exhibition or display of the exhibit connection with INRD’s Hulman Lead at misleading information, the exemption objects at The Frick Collection, New approximately CSXT milepost 0ZA is void ab initio. Petitions to revoke the York, New York, from on or about 182.09 to the newly constructed INRD exemption under 49 U.S.C. 10502(d) October 31, 2018, until on or about Connection at CSXT milepost 0ZA may be filed at any time. The filing of January 20, 2019, and at possible 182.13 at Spring Hill, a distance of a petition to revoke will not additional exhibitions or venues yet to approximately 0.04 miles in Terre automatically stay the transaction. be determined, is in the national Haute. Petitions to stay must be filed by interest. I have ordered that Public (2) INRD will relocate and reconfigure October 19, 2018 (at least seven days Notice of these determinations be approximately 800 feet of track before the exemption becomes published in the Federal Register. southeast of Spring Hill crossing to effective). FOR FURTHER INFORMATION CONTACT: Julie create the new INRD Connection. An original and 10 copies of all Simpson, Attorney-Adviser, Office of (3) The diamond at Spring Hill and pleadings, referring to Docket No. FD the Legal Adviser, U.S. Department of approximately 1000 feet of INRD track 36203, must be filed with the Surface State (telephone: 202–632–6471; email: northwest of Spring Hill crossing will be Transportation Board, 395 E Street SW, [email protected]). The mailing removed. Washington, DC 20423–0001. In address is U.S. Department of State, L/ INRD states that there are no shippers addition, a copy of each pleading must PD, SA–5, Suite 5H03, Washington, DC on the involved trackage, and existing be served on Thomas J. Litwiler, 20522–0505. INRD service and operations will be Fletcher & Sippel LLC, 29 North Wacker SUPPLEMENTARY INFORMATION: The preserved. Thus, INRD states no Drive, Suite 800, Chicago, IL 60606– foregoing determinations were made shippers will be adversely affected by 3208. pursuant to the authority vested in me the proposed joint relocation project or Board decisions and notices are by the Act of October 19, 1965 (79 Stat. lose access to any rail service currently available on our website at www.stb.gov. 985; 22 U.S.C. 2459), E.O. 12047 of provided by INRD. Decided: October 9, 2018.

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51760 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

By the Board, Scott M. Zimmerman, Acting ACTION: Notice of limitation on claims issuance date of this notice and all laws Director, Office of Proceedings. for judicial review of actions by TxDOT under which such actions were taken, Jeffrey Herzig, and Federal agencies. including but not limited to: Clearance Clerk. 1. General: National Environmental SUMMARY: [FR Doc. 2018–22246 Filed 10–11–18; 8:45 am] Notice is hereby given that Policy Act (NEPA) [42 U.S.C. 4321– TxDOT and Federal agencies have taken BILLING CODE 4915–01–P 4351]; Federal-Aid Highway Act [23 final agency actions by issuing licenses, U.S.C. 109]. permits, and approvals for the highway 2. Air: Clean Air Act, 42 U.S.C. 7401– projects in the State of Texas that are 7671(q). OFFICE OF THE UNITED STATES listed below. The environmental review, 3. Land: Section 4(f) of the TRADE REPRESENTATIVE consultation, and other actions required Department of Transportation Act of by applicable Federal environmental 1966 [49 U.S.C. 303]; Landscaping and [Docket Number USTR–2018–0001] laws for these projects are being, or have Scenic Enhancement (Wildflowers), 23 Exclusion of Particular Products From been, carried-out by TxDOT pursuant to U.S.C. 319. the Solar Products Safeguard statute and a Memorandum of 4. Wildlife: Endangered Species Act Measure; Correction Understanding dated December 16, [16 U.S.C. 1531–1544 and Section 2014, and executed by FHWA and 1536], Marine Mammal Protection Act AGENCY: Office of the United States TxDOT. The actions relate to various [16 U.S.C. 1361], Fish and Wildlife Trade Representative. proposed highway projects in the State Coordination Act [16 U.S.C. 661– ACTION: Notice; correction. of Texas. Those actions grant licenses, 667(d)], Migratory Bird Treaty Act [16 permits, and approvals for the projects. U.S.C. 703–712]. SUMMARY: 5. Historic and Cultural Resources: The Office of the United DATES: By this notice, TxDOT is States Trade Representative published a advising the public of final agency Section 106 of the National Historic document in the Federal Register of actions subject to 23 U.S.C. 139(l)(1). A Preservation Act of 1966, as amended September 19, 2018, concerning a claim seeking judicial review of TxDOT [54 U.S.C. 300101 et seq.]; Archeological determination to exclude certain and Federal agency actions on the Resources Protection Act of 1977 [16 products from the safeguard measure on highway project will be barred unless U.S.C. 470(aa)–11]; Archeological and solar products. This notice corrects an the claim is filed on or before March 11, Historic Preservation Act [54 U.S.C. error in that document—the time the 2019. If the Federal law that authorizes 312501 et seq.]; Native American Grave modifications became applicable should judicial review of a claim provides a Protection and Repatriation Act have referenced Eastern Daylight Time time period of less than 150 days for (NAGPRA) [25 U.S.C. 3001–3013]. 6. Social and Economic: Civil Rights (EDT). filing such a claim, then that shorter Act of 1964 [42 U.S.C. 2000(d)– FOR FURTHER INFORMATION CONTACT: time period still applies. 2000(d)(1)]; American Indian Religious Victor Mroczka, Office of WTO and FOR FURTHER INFORMATION CONTACT: Freedom Act [42 U.S.C. 1996]; Farmland Multilateral Affairs, at vmroczka@ Carlos Swonke, Environmental Affairs Protection Policy Act (FPPA) [7 U.S.C. ustr.eop.gov or (202) 395–9450, or Dax Division, Texas Department of 4201–4209]. Terrill, Office of General Counsel, at Transportation, 125 East 11th Street, 7. Wetlands and Water Resources: [email protected] or (202) 395– Austin, Texas 78701; telephone: (512) Clean Water Act, 33 U.S.C. 1251–1377 4739. 416–2734; email: carlos.swonke@ (Section 404, Section 401, Section 319); Correction: In the Federal Register of txdot.gov. TxDOT’s normal business Land and Water Conservation Fund September 19, 2018, in FR Doc. 2018– hours are 8:00 a.m.–5:00 p.m. (central (LWCF), 16 U.S.C. 4601–4604; Safe 20342, 83 FR 47393–94, on page 47393, time), Monday through Friday. Drinking Water Act (SDWA), 42 U.S.C. under the heading DATES in the first SUPPLEMENTARY INFORMATION: This 300(f)–300(j)(6); Rivers and Harbors Act column, and on page 47394, under the notice announces actions taken by of 1899, 33 U.S.C. 401–406; Wild and heading ‘V. Annex’ in the second TxDOT and Federal agencies that are Scenic Rivers Act, 16 U.S.C. 1271–1287; column, correct the date and time with final within the meaning of 23 U.S.C. Emergency Wetlands Resources Act, 16 respect to articles entered, or withdrawn 139(l)(1). The environmental review, U.S.C. 3921, 3931; TEA–21 Wetlands from a warehouse for consumption, to consultation, and other actions required Mitigation, 23 U.S.C. 103(b)(6)(m), read: On or after 12:01 a.m. EDT, on by applicable Federal environmental 133(b)(11); Flood Disaster Protection September 19, 2018. laws for these projects are being, or have Act, 42 U.S.C. 4001–4128. Jeffrey Gerrish, been, carried-out by TxDOT pursuant to 8. Executive Orders: E.O. 11990 Deputy U.S. Trade Representative. 23 U.S.C. 327 and a Memorandum of Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, [FR Doc. 2018–22213 Filed 10–11–18; 8:45 am] Understanding dated December 16, 2014, and executed by FHWA and Federal Actions to Address BILLING CODE 3290–F9–P TxDOT. Environmental Justice in Minority The actions by TxDOT and Federal Populations and Low Income agencies and the laws under which such Populations; E.O. 11593 Protection and DEPARTMENT OF TRANSPORTATION actions were taken are described in the Enhancement of Cultural Resources; Categorical Exclusion (CE) or E.O. 13007 Indian Sacred Sites; E.O. Federal Highway Administration Environmental Assessment (EA) issued 13287 Preserve America; E.O. 13175 Notice of Final Federal Agency Actions in connection with the projects and in Consultation and Coordination with on Proposed Highway Projects in other key project documents. The CE or Indian Tribal Governments; E.O. 11514 Texas EA, and other key documents for the Protection and Enhancement of listed projects are available by Environmental Quality; E.O. 13112 AGENCY: Texas Department of contacting TxDOT at the address Invasive Species. (Catalog of Federal Transportation (TxDOT), Federal provided above. Domestic Assistance Program Number Highway Administration (FHWA), U.S. This notice applies to all TxDOT and 20.205, Highway Planning and Department of Transportation. Federal agency decisions as of the Construction.)

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51761

The projects subject to this notice are: address provided above or the TxDOT on April 26, 2017, and other documents 1. IH 30 from Bass Pro Drive to Pharr District Office at 600 W U.S. in the TxDOT project file. The EA, Dalrock Road in Dallas and Rockwall Expressway 83, Pharr, TX 78577–1231; FONSI, and other documents in the Counties, Texas. The proposed telephone: (956) 702–6102. The EA and TxDOT project file are available by improvements would consist of the FONSI can also be viewed and contacting TxDOT at the address construction of a continuous six-lane downloaded from the following website: provided above or the TxDOT Pharr frontage road system crossing Lake Ray https://www.txdot.gov/inside-txdot/ District Office at 600 W U.S. Hubbard along IH 30 in Garland and projects/studies/pharr/us281- Expressway 83, Pharr, TX 78577–1231; Rowlett, Texas. The improvements also military.html. telephone: (956) 702–6102. The EA and include the construction of a new bridge 3. U.S. 83 Relief Route at La Joya/ FONSI can also be viewed and for Bayside Drive, a southbound Dalrock Penitas from 0.85 Mile East of FM 886 downloaded from the following website: Bypass to eastbound IH 30 frontage (El Faro Road) to 0.28 Mile West of https://www.txdot.gov/inside-txdot/get- road, the reconstruction of the Showers Road, Hidalgo County. The involved/about/hearings-meetings/ interchange at Dalrock Road, and ultimate proposed project consists of pharr/051217.html. associated ramp modifications. The four main lanes, with two 12-foot main 5. Owassa Road from Jackson Road to proposed project would consist of three lanes in each direction with 4-foot wide I–69C, Hidalgo County. The proposed frontage road lanes in each direction inside shoulder and 10-foot wide project involves widening the existing with two 12-foot inside travel lanes and outside shoulder. Additional elements facility to a four-lane major collector, one outside 14-foot shared use lane with include frontage roads consisting of two comprising an 11-foot inside travel lane curb and gutter and associated entrance 12-foot wide lanes in each direction in each direction, a 14-foot shared-use and exit ramp alignment modifications. with 4-foot wide inside shoulder and outside lane in each direction, a 12-foot An 8-foot sidewalk would be 10-foot wide outside shoulder (Phase I); continuous center left-turn lane, and constructed along the westbound outer three overpasses; controlled access five-foot sidewalks on each side of the lane of the frontage road for pedestrian ramps providing connectivity between roadway. The project length is 1.1 miles. accommodation. A 12-foot shared-use frontage roads and main lanes, and The project purpose is to correct path would be constructed along the direct connectors between existing U.S. existing design deficiencies and allow eastbound outer frontage road lane for 83 and the proposed U.S. 83 Relief for a more continual flow of traffic than both bicyclists and pedestrian Route. The project length is currently exists, as well as to improve accommodation. The length of the approximately 9.24 miles. The purpose the existing drainage system. The proposed project is approximately 2.51 of the proposed project is to reduce actions by TxDOT and Federal agencies miles. The purpose of the proposed congestion, improve mobility and and the laws under which such actions project is to reduce traffic congestion, safety, and improve corridor were taken are described in the Final improve mobility and enhance safety in connectivity. The actions by TxDOT and Environmental Assessment (EA) the project area. The actions by TxDOT Federal agencies and the laws under approved on December 15, 2015, the and Federal agencies and the laws which such actions were taken are Finding of No Significant Impact under which such actions were taken described in the Final Environmental (FONSI) issued on December 15, 2015, are described in the documentation Assessment (EA) approved on February and other documents in the TxDOT supporting the Categorical Exclusion 3, 2015, the Finding of No Significant project file. The EA, FONSI, and other (CE) Determination approved on Impact (FONSI) issued on February 3, documents in the TxDOT project file are September 7, 2018, and other 2015, and other documents in the available by contacting TxDOT at the documents in the TxDOT project file. TxDOT project file. The EA, FONSI and address provided above or the TxDOT The CE Determination and other other documents in the TxDOT project Pharr District Office at 600 W U.S. documents are available by contacting file are available by contacting TxDOT Expressway 83, Pharr, TX 78577–1231; TxDOT at the address provided above or at the address provided above or the telephone: (956) 702–6102. the TxDOT Dallas District Office at 4777 TxDOT Pharr District Office at 600 W 6. Mile 6 West Road from Mile 9 E Highway 80, Mesquite, TX 75150; U.S. Expressway 83, Pharr, TX 78577– North to SH 107, Hidalgo County. The telephone: (214) 320–4480. 1231; telephone: (956) 702–6102. proposed project would widen the 2. U.S. 281 from FM 3248 to FM 1421 4. FM 494 (Shary Road) from SH 107 existing roadway from two to four lanes in Cameron County. The proposed to FM 1924 (Mile 3 North Road), for a distance of 7.5 miles. The two mile project would widen U.S. 281 within Hidalgo County. The proposed project urban section, from Mile 9 North to Mile the described limits from two to four would widen and reconstruct FM 494 11 North, would consist of an urban lanes, with intermittent right-turn lanes (Shary Road) for a distance of curb and gutter section with four 12-foot and dedicated center left-turn lanes at approximately 4.4 miles within the wide travel lanes (two in each major intersections. The proposed described limits. The proposed project direction,) a 14-foot continuous center project is approximately 5.2 miles in would provide a roadway with four 12- left turn lane, 10-foot shoulders, six-foot length, and the purpose of the project is foot wide travel lanes, two 10-foot wide wide sidewalks on both sides of the to improve mobility and increase the shoulders, and a 16-foot wide road and a storm sewer drainage system. operational efficiency of US 281. The continuous left turn lane within a The remaining 5.5 mile rural section, actions by TxDOT and Federal agencies proposed 120-foot wide right-of-way. from Mile 11 North to SH 107, would and the laws under which such actions The purpose of the proposed project is accommodate four 11-foot travel lanes were taken are described in the Final to improve mobility, provide pedestrian (two in each direction), center turn lane Environmental Assessment (EA) accommodations, and complete the at intersections, and 8-foot shoulders. approved on December 10, 2015, the roadway network. The actions by The project is proposed to address Finding of No Significant Impact TxDOT and Federal agencies and the current and projected transportation (FONSI) issued on December 10, 2015, laws under which such actions were demands, facility deficiencies, and to and other documents in the TxDOT taken are described in the Final improve safety. The actions by TxDOT project file. The EA, FONSI and other Environmental Assessment (EA) and Federal agencies and the laws documents in the TxDOT project file are approved on April 26, 2017, the Finding under which such actions were taken available by contacting TxDOT at the of No Significant Impact (FONSI) issued are described in the Final

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51762 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

Environmental Assessment (EA) TxDOT project file. The EA, FONSI, and District Office at 600 W U.S. approved on December 15, 2015, the other documents in the TxDOT project Expressway 83, Pharr, TX 78577–1231; Finding of No Significant Impact file are available by contacting TxDOT telephone: (956)702–6102. (FONSI) issued on December 15, 2015, at the address provided above or the 11. SH 365 from FM 1016/Conway and other documents in the TxDOT TxDOT Pharr District Office at 600 W Avenue to U.S. 281/Military Highway, project file. The EA, FONSI, and other U.S. Expressway 83, Pharr, TX 78577– Hidalgo County. The proposed project documents in the TxDOT project file are 1231; telephone: (956)702–6102. involves construction of an interim four- available by contacting TxDOT at the 9. Mile 3 North Road from FM 492 to lane divided controlled access toll address provided above or the TxDOT FM 2221 in Hidalgo County. The facility, with an ultimate facility Pharr District Office at 600 W U.S. proposed project involves: Widening consisting of six travel lanes divided by Expressway 83, Pharr, TX 78577–1231; and reconstructing the existing Mile 3 a flushed median with concrete barrier. telephone: (956) 702–6102. North Road to a four lane roadway from The 16.53 mile long proposed toll 7. Liberty Boulevard from U.S. 83 to FM 492 to Tom Gill Road (Section I), a facility would be constructed on new FM 2221, Hidalgo County. The distance of 3.5 miles; extending Mile 3 location within a typical 300-foot right- proposed project involves construction North Road as a two lane roadway on of-way, varying from 160- to 400-foot. of a 69-foot wide five lane urban new location from Tom Gill Road to FM Also included are non-toll roadway consisting of a 14-foot wide 2221 (Section II), a distance of 2.5 miles; improvements along U.S. 281/Military continuous center turn lane, two 12-foot realigning the FM 492 (Goodwin Road) Highway and a 0.70 mile long one-lane wide inside travel lanes, two 14-foot intersection; and providing a new connector to the Pharr Border Safety wide outside shared use lanes, and a location drainage outfall. The project is Inspection Facility. The purpose of the five foot wide sidewalk on the west side located partially in Pen˜ itas, Texas and proposed facility is to improve east-west of the roadway from U.S. 83 to Mile 3 the remainder is in Hidalgo County, mobility and interconnectivity to Road (Phase I), and a 44-foot wide rural Texas jurisdiction. The purpose of the distribute traffic between existing and roadway consisting of two 12 foot wide project is to improve mobility and planned border crossings; to reduce travel lanes and two 10-foot wide drainage, as well as enhance the local community disruption south of I–2/U.S. shoulders from Mile 3 Road to FM 2221 and regional transportation network. 83 associated with increased freight (Phase II). The length of the proposed The actions by TxDOT and Federal movement; and address safety concerns project is approximately 6.2 miles. The agencies and the laws under which such within the arterial and local street purpose of the proposed project is to actions were taken are described in the network. The actions by TxDOT and develop long-term transportation Final Environmental Assessment (EA) Federal agencies and the laws under improvements along this corridor and in approved on April 7, 2017, the Finding which such actions were taken are the region, and to alleviate congestion of No Significant Impact (FONSI) issued described in the Final Environmental and improve circulation. The actions by on April 7, 2017, and other documents Assessment (EA) approved on July 2, TxDOT and Federal agencies and the in the TxDOT project file. The EA, 2015, the Finding of No Significant laws under which such actions were FONSI, and other documents in the Impact (FONSI) issued on July 2, 2015, taken are described in the Final TxDOT project file are available by and other documents in the TxDOT Environmental Assessment (EA) contacting TxDOT at the address project file. The EA, FONSI, and other approved on September 29, 2015, the provided above or the TxDOT Pharr documents in the TxDOT project file are Finding of No Significant Impact District Office at 600 W U.S. available by contacting TxDOT at the (FONSI) issued on September 29, 2015, Expressway 83, Pharr, TX 78577–1231; address provided above or the TxDOT and other documents in the TxDOT telephone: (956)702–6102. Pharr District Office at 600 W U.S. project file. The EA, FONSI, and other 10. FM 2220 (Ware Road) from Expressway 83, Pharr, TX 78577–1231; documents in the TxDOT project file are Auburn Avenue (Mile 5) to FM 1924 telephone: (956)702–6102. available by contacting TxDOT at the (Mile 3/Buddy Owens), Hidalgo County. 12. Interstate Highway (IH) 635 (LBJ address provided above or the TxDOT The proposed project will widen and Freeway—East Section) from U.S. 75 to Pharr District Office at 600 W U.S. reconstruct the rural roadway to a 101- IH 30 in Dallas County. The proposed Expressway 83, Pharr, TX 78577–1231; foot wide urban roadway with six 11.5- improvements would include the telephone: (956)702–6102. foot wide travel lanes, two eight foot addition of one 12-foot general purpose 8. Dicker Road from Spur 115 (23rd wide shoulders, a 14-foot wide raised lane in each direction for a total of ten Street) to FM 2061 (South Jackson median with directional openings, and general purpose lanes. The proposed Road), Hidalgo County. The proposed five foot wide sidewalks on both sides project would also include the addition project involves widening Dicker Road of the roadway within a 120 foot right- of one managed lane in each direction, from two lanes with roadside ditches to of-way. The project length is two miles. located between the eastbound and a curb and gutter section with two 12- The purpose of the proposed project is westbound general purpose lanes in the foot wide travel lanes, two 14-foot wide to reduce congestion, improve mobility, median from east of U.S. 75 to Royal outside shared use lanes, and a 14-foot enhance safety and provide improved Lane/Miller Road for a total of four wide continuous left-turn lane. The traffic flow. The actions by TxDOT and manage lanes, and the addition of one length of the proposed project is 2.56 Federal agencies and the laws under express lane in each direction, located miles. The project is proposed to reduce which such actions were taken are in the median between the eastbound congestion and enhance safety by described in the Final Environmental and westbound general lanes from Royal accommodating projected traffic Assessment (EA) approved on Lane/Miller Road to north of I–30 volumes. The actions by TxDOT and September 29, 2015, the Finding of No interchange for a total of four express Federal agencies and the laws under Significant Impact (FONSI) issued on lanes. Two and three lane frontage roads which such actions were taken are September 29, 2015, and other would be added to link the non- described in the Final Environmental documents in the TxDOT project file. continuous frontage roads in each Assessment (EA) approved on January The EA, FONSI, and other documents in direction and reconstruct the existing 25, 2016, the Finding of No Significant the TxDOT project file are available by frontage roads to accommodate other Impact (FOSNI) issued on January 25, contacting TxDOT at the address corridor improvements. All arterial 2016, and other documents in the provided above or the TxDOT Pharr street overcrossings and undercrossings

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51763

would be reconstructed. The Treasury Borrowing Advisory advisory committee under 5 U.S.C. App. interchange at IH 30 and IH 635 would Committee of The Securities Industry 2, 3. also be reconstructed. The length of the and Financial Markets Association. Although the Treasury’s final proposed project is approximately 11 The agenda for the meeting provides announcement of financing plans may miles. The purpose of the proposed for a charge by the Secretary of the not reflect the recommendations project is to provide traffic congestion Treasury or his designate that the provided in reports of the Committee, relief on the IH 635 facility and on the Committee discuss particular issues and premature disclosure of the Committee’s surrounding arterial street system. The conduct a working session. Following deliberations and reports would be actions by TxDOT and Federal agencies the working session, the Committee will likely to lead to significant financial and the laws under which such actions present a written report of its speculation in the securities market. were taken are described in the Final recommendations. The meeting will be Thus, this meeting falls within the Environmental Assessment (EA) closed to the public, pursuant to 5 exemption covered by 5 U.S.C. approved on January 30, 2003, Finding U.S.C. App. 2, 10(d) and Public Law 552b(c)(9)(A). of No Significant Impact (FONSI) issued Treasury staff will provide a technical on January 30, 2003 and other 103–202, 202(c)(1)(B)(31 U.S.C. 3121 note). briefing to the press on the day before documents in the TxDOT project file. the Committee meeting, following the The most recent project reevaluation This notice shall constitute my release of a statement of economic was approved on April 24, 2017. The determination, pursuant to the authority conditions and financing estimates. This EA and other documents in the TxDOT placed in heads of agencies by 5 U.S.C. briefing will give the press an project file are available by contacting App. 2, 10(d) and vested in me by opportunity to ask questions about TxDOT at the address provided above or Treasury Department Order No. 101–05, financing projections. The day after the the TxDOT Dallas District Office at 4777 that the meeting will consist of Committee meeting, Treasury will E Highway 80, Mesquite, TX 75150; discussions and debates of the issues release the minutes of the meeting, any telephone: (214) 320–4480. presented to the Committee by the charts that were discussed at the Authority: 23 U.S.C. 139(l)(1). Secretary of the Treasury and the meeting, and the Committee’s report to making of recommendations of the Issued on: October 1, 2018. the Secretary. Committee to the Secretary, pursuant to Michael T. Leary, The Office of Debt Management is Public Law 103–202, 202(c)(1)(B). Thus, responsible for maintaining records of Director, Planning and Program Development, this information is exempt from Federal Highway Administration. debt management advisory committee disclosure under that provision and 5 meetings and for providing annual [FR Doc. 2018–21719 Filed 10–11–18; 8:45 am] U.S.C. 552b(c)(3)(B). In addition, the BILLING CODE 4910–22–P reports setting forth a summary of meeting is concerned with information Committee activities and such other that is exempt from disclosure under 5 matters as may be informative to the U.S.C. 552b(c)(9)(A). The public interest DEPARTMENT OF THE TREASURY public consistent with the policy of 5 requires that such meetings be closed to U.S.C. 552(b). The Designated Federal Departmental Offices; Debt the public because the Treasury Officer or other responsible agency Management Advisory Committee Department requires frank and full official who may be contacted for Meeting advice from representatives of the additional information is Fred financial community prior to making its Pietrangeli, Director for Office of Debt Notice is hereby given, pursuant to 5 final decisions on major financing Management (202) 622–1876. U.S.C. App. 2, 10(a)(2), that a meeting operations. Historically, this advice has will be held at the Hay-Adams Hotel, been offered by debt management Dated: October 5, 2018. 16th Street and Pennsylvania Avenue advisory committees established by the Fred Pietrangeli, NW, Washington, DC, on October 30, several major segments of the financial Director for Office of Debt Management. 2018 at 9:30 a.m. of the following debt community. When so utilized, such a [FR Doc. 2018–22219 Filed 10–11–18; 8:45 am] management advisory committee: committee is recognized to be an BILLING CODE 4810–25–M

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00104 Fmt 4703 Sfmt 9990 E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES Vol. 83 Friday, No. 198 October 12, 2018

Part II

Department of Transportation

National Highway Traffic Safety Administration 49 CFR Part 571 Federal Motor Vehicle Safety Standards; Lamps, Reflective Devices, and Associated Equipment; Proposed Rule

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51766 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

DEPARTMENT OF TRANSPORTATION see the Privacy Act discussion below. VI. Interpretation of How FMVSS No. 108 We will consider all comments received Applies to ADB National Highway Traffic Safety before the close of business on the a. ADB Is Not Supplemental Lighting But Administration comment closing date indicated above. Is Part of the Required Headlamp System b. ADB Systems Would Not Comply With To the extent possible, we will also at Least Some of the Headlamp 49 CFR Part 571 consider comments filed after the Requirements [Docket No. NHTSA–2018–0090] closing date. i. Photometry Requirements Docket: For access to the docket to ii. Semiautomatic Beam Switching Device RIN 2127–AL83 read background documents or Requirements comments received, go to http:// c. Tentative Determination Federal Motor Vehicle Safety www.regulations.gov at any time or to VII. NHTSA’s Statutory Authority Standards; Lamps, Reflective Devices, VIII. Proposed Requirements and Test 1200 New Jersey Avenue SE, West and Associated Equipment Procedures Building Ground Floor, Room W12–140, a. Requirements AGENCY: National Highway Traffic Washington, DC 20590, between 9 a.m. i. Baseline Glare Limits Safety Administration (‘‘NHTSA’’), and 5 p.m., Monday through Friday, ii. Existing Photometry Requirements That Department of Transportation (‘‘DOT’’). except Federal Holidays. Telephone: Would Also Apply to ADB Systems iii. Other System Requirements ACTION: Notice of proposed rulemaking 202–366–9826. iv. Retention of Existing Requirements for (NPRM). Privacy Act: Anyone is able to search the electronic form of all comments Semiautomatic Headlamp Beam Switching Devices Other Than ADB SUMMARY: This document proposes received into any of our dockets by the b. Test Procedures amendments to Federal Motor Vehicle name of the individual submitting the i. Introduction Safety Standard (‘‘FMVSS’’) No. 108; comment (or signing the comment, if ii. Test Vehicle and Stimulus Vehicle Lamps, reflective devices, and submitted on behalf of an association, iii. Considerations in Determining associated equipment, to permit the business, labor union, etc.). You may Compliance With the Derived Glare certification of adaptive driving beam review DOT’s complete Privacy Act Limit Values headlighting systems, if the Statement in the Federal Register iv. Additional Test Parameters manufacturer chooses to equip vehicles published on April 11, 2000 (Volume c. Repeatability with these systems. Toyota Motor North 65, Number 70; Pages 19477–78) or you IX. Certification and Aftermarket America, Inc. (Toyota) petitioned X. Regulatory Alternatives may visit http://www.dot.gov/ XI. Overview of Benefits and Costs NHTSA for rulemaking to amend privacy.html. XII. Rulemaking Analyses FMVSS No. 108 to permit Confidential Business Information: If XIII. Public Participation manufacturers the option of equipping you wish to submit any information XIV. Appendix A to Preamble—Road vehicles with adaptive driving beam under a claim of confidentiality, you Illumination and Pedestrian/Cyclist systems. NHTSA has granted Toyota’s should submit three copies of your Fatalities Proposed Regulatory Text petition and proposes to establish complete submission, including the I. Executive Summary appropriate performance requirements information you claim to be confidential to ensure the safe introduction of business information, to the Chief Glare, Visibility, and Adaptive Driving adaptive driving beam headlighting Counsel, NHTSA, at the address given Beam Technology systems if equipped on newly under FOR FURTHER INFORMATION This proposal is intended to allow an manufactured vehicles. CONTACT. In addition, you should advanced type of headlighting system DATES: You should submit your submit two copies, from which you referred to as adaptive driving beam to comments early enough to be received have deleted the claimed confidential be introduced in the United States. not later than December 11, 2018. business information, to Docket Adaptive driving beam (‘‘ADB’’) ADDRESSES: You may submit comments Management at the address given above. headlamps use advanced technology to the docket number identified in the When you send a comment containing that actively modifies the headlamp heading of this document by any of the information claimed to be confidential beams to provide more illumination following methods: business information, you should while not glaring other vehicles. The • Federal eRulemaking Portal: Go to include a cover letter setting forth the requirements proposed today are http://www.regulations.gov. Follow the information specified in our intended to amend the existing online instructions for submitting confidential business information regulations to permit this technology comments. regulation (49 CFR part 512). and ensure that it operates safely. • Mail: Docket Management Facility: FOR FURTHER INFORMATION CONTACT: Vehicle headlamps must satisfy two U.S. Department of Transportation, 1200 Please contact Mr. Markus Price, 202– different safety needs: Visibility and New Jersey Avenue SE, West Building 366–0098 or Mr. John Piazza, Office of glare prevention. The primary function Ground Floor, Room W12–140, Chief Counsel, Telephone: 202–366– of headlamps is to provide forward Washington, DC 20590–0001. 2992. Facsimile: 202–366–3820. You visibility. At the same time, there is a • Hand Delivery or Courier: 1200 may send mail to these officials at: The risk that intense headlamp illumination New Jersey Avenue SE, West Building National Highway Traffic Safety may be directed towards oncoming or Ground Floor, Room W12–140, between Administration, 1200 New Jersey preceding vehicles. Such illumination, 9 a.m. and 5 p.m. ET, Monday through Avenue SE, Washington, DC, 20590. referred to as glare, can reduce the Friday, except Federal holidays. ability of other drivers to see and cause SUPPLEMENTARY INFORMATION: • Fax: 202–493–2251. discomfort. Headlighting has therefore Instructions: All submissions must Table of Contents traditionally entailed a trade-off include the agency name and docket I. Executive Summary between long-distance visibility and number. Note: All comments received II. Background and Safety Need glare. This is reflected in the will be posted without change to http:// III. ECE ADB Regulations requirement that headlamp systems www.regulations.gov, including any IV. NHTSA Research Related to ADB have both lower and upper beams. The personal information provided. Please V. SAE J3069 existing headlight requirements regulate

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51767

the beam pattern (photometry) of the speeds the need for greater seeing If ADB systems do not accurately detect upper and lower beams; they ensure distance increases. ADB technology other vehicles on the road and shade sufficient visibility by specifying (like traditional beam switching them accordingly, other motorists will minimum amounts of light in certain technology) enables the driver to be glared. NHTSA is sensitive to areas on and around the road and activate the ADB system so that it is concerns about glare due to the prevent glare by specifying maximum always in use and there is no need to numerous complaints from the public amounts of light in directions that switch between lower beams and upper that it has received, the 2005 correspond to where oncoming and beams. In this way, the upper beam will Congressional mandate, and its own preceding vehicles would be. be more widely used, and used only research. The proposal addresses this While the benefits of improved when there are no other vehicles safety need with a combination of visibility and the harmful effects of glare present. For both these reasons, ADB vehicle-level track tests and equipment- are difficult to quantify, they are real. has the potential to reduce the risk of level laboratory testing requirements. For example, a recent study from the crashes by increasing visibility without The centerpiece of the proposal is a Insurance Institute for Highway Safety increasing glare. In particular, it offers vehicle-level track test to evaluate ADB found that pedestrian deaths in dark potentially significant safety benefits in performance in recognizing and not conditions increased 56% from 2009 to avoiding collisions with pedestrians, glaring other vehicles. We propose 2016. The harmful effects of glare are cyclists, animals, and roadside objects. evaluating ADB performance in a highlighted by the thousands of ADB systems are currently available variety of different types of interactions consumer complaints NHTSA has in foreign markets but are not currently with either an oncoming or preceding received from the public over the years, offered on vehicles in the United States. vehicle (referred to as a ‘‘stimulus’’ Congressional interest, and the Agency’s ADB systems have been permitted (and vehicle because it stimulates a response research. NHTSA received more than regulated) in Europe for several years. from the ADB system). The stimulus 5,000 comments in response to a 2001 ADB systems are not, however, vehicle would be equipped with sensors Request for Comments on glare from currently offered on vehicles in the near the driver’s eyes (or rearview headlamps and other frontal vehicle United States. NHTSA’s lighting mirrors) to measure the illuminance lamps. Most of these comments standard, Federal Motor Vehicle Safety from the ADB headlights. We propose a concerned nighttime glare. In 2005, Standard (‘‘FMVSS’’) No. 108, has been variety of different scenarios that vary Congress directed the Department of viewed as not permitting ADB. In the road geometry (straight or curved); Transportation to study the risks of particular, the current lower beam vehicle speeds (from 0 to 70 mph); and glare. In response to these concerns, photometry requirements do not appear vehicle orientation (whether the NHTSA initiated a multipronged to allow the enhanced beam that ADB stimulus vehicle is oncoming or research program to study the risks of, systems provide. In 2013, Toyota preceding). The illumination cast on the and possible solutions to, glare. petitioned NHTSA for rulemaking to stimulus vehicle would be measured ADB systems are an advanced type of amend FMVSS No. 108 to permit the and recorded throughout the test run. In headlamp beam switching technology introduction of ADB. SAE (formerly, the order to evaluate ADB performance, we that provides increased illumination Society of Automotive Engineers) in are proposing a set of glare limits. These without increasing glare. Headlamp 2016 published a recommended practice are numeric illuminance values that beam switching systems were first for ADB. And more recently, NHTSA would be the maximum illuminance the introduced in the 1950s, and while not has received multiple exemption ADB system would be permitted to cast initially widely adopted, have more petitions for ADB-equipped vehicles. on the stimulus vehicle. The proposed recently become widely offered as NHTSA has granted Toyota’s glare limits and test procedures are optional equipment. These traditional rulemaking petition and this proposal is based on extensive Agency research and beam switching systems switch our action on that grant. testing. NHTSA sponsored a study that automatically from the upper beam to developed the glare limits that are the the lower beam when meeting other The Proposed Requirements and Test objective performance criteria we are vehicles. ADB systems improve on this Procedures proposing. NHTSA also ran extensive technology. They utilize advanced This proposal, if adopted, would track tests using vehicles equipped with equipment, including sensors (such as amend the lighting standard to allow ECE-approved ADB systems (modified cameras), data processing software, and ADB systems on vehicles in the United to produce U.S.-compliant beams) to headlamp hardware (such as shutters or States and ensure that they operate develop the test procedures and LED arrays). ADB systems detect safely. ADB, like other headlamp scenarios. The resulting performance oncoming and preceding vehicles and technologies, implicates the twin safety requirements and test procedures are automatically adjust the headlamp needs of glare prevention and visibility. intended to ensure that an ADB system beams to provide less light to the This proposal does three main things is capable of correctly detecting occupied roadway and more light to the that, taken together, are intended to oncoming and preceding vehicles and unoccupied roadway. allow ADB systems and ensure that they not glaring them. ADB technology enhances safety in meet these safety needs. In addition to this track test, we also two ways. First, it provides a variable, First, it would amend FMVSS No. 108 propose a limited set of equipment-level enhanced lower beam pattern that is to allow ADB systems. We propose laboratory-tested performance sculpted to traffic on the road, rather amendments to, among other things, the requirements to regulate glare. We than just one static lower beam pattern. existing lower beam photometry propose to require that the part of the It provides more illumination than requirements so that ADB technology is adaptive beam that is cast near other existing lower beams without glaring permitted. vehicles not exceed the current low other motorists (if operating correctly). Second, it proposes requirements to beam maxima, and the part of the Second, it likely will lead to increased ensure that ADB systems operate safely adaptive beam that is cast onto upper beam usage. Research has shown and do not glare other motorists. ADB unoccupied roadway not exceed the that most drivers under-utilize the systems provide an enhanced lower current upper beam maxima. These upper beams. The effects of this increase beam that provides more illumination would essentially subject the ADB as speeds increase, because at higher than the currently-allowed lower beam. system to laboratory tests of the beam

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51768 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

similar to what are currently required system as it is put through these minima. We believe this additional light for headlights. maneuvers. In developing the proposal is important. The proposal would also Third, it proposes a limited set of NHTSA tested several ADB-equipped require that the part of the adaptive equipment-level laboratory-tested vehicles that were type-approved to the beam directed towards an oncoming or performance requirements to ensure that ECE requirements. We believe that these preceding vehicle meet the current the ADB system provides sufficient ADB systems would able to meet the lower beam minima. We believe this visibility for the driver. The current proposed requirements and test minimum level of illumination will headlamp requirements include procedures. ensure a minimum level of visibility (as minimum levels of illumination to explained above, we would also subject SAE J3069 ensure that the driver has a minimum the dimmed portion of the adaptive level of visibility. We propose that these SAE published this recommended beam to the lower beam maxima to existing laboratory photometry tests be practice in June 2016, while NHTSA ensure that the level of light is not so applied to the ADB system to ensure was developing this proposal, but after high as to glare other motorists). that the ADB beam pattern, although NHTSA had concluded the testing on dynamically changing, always provides which the proposal is based. The SAE II. Background and Safety Need at least a minimum level of light. We standard is based, in part, on NHTSA’s This proposal is intended to facilitate propose requiring that the part of the testing and research. SAE J3069 the introduction of an advanced adaptive beam that is cast near other includes vehicle-level track testing as headlighting technology referred to as vehicles comply with the current lower well as equipment-level laboratory adaptive driving beam (‘‘ADB’’) into beam minima and that the part of the testing requirements, although they vehicles sold in the United States. ADB adaptive beam that is cast onto differ from the proposal in important technology is an advanced type of unoccupied roadway comply with the ways. semiautomatic headlamp beam upper beam minima. These minimum SAE J3069 sets out requirements and switching technology. More levels of illuminance are in a direction test procedures to evaluate ADB rudimentary beam switching technology such that they do not glare other performance in recognizing and not was first introduced in the 1950s and motorists. glaring other vehicles. The major was limited simply to switching component of these is a vehicle-level between upper and lower beams. Regulatory Alternatives Considered: track test for glare. The track test uses Adaptive driving beam technology is ECE Requirements and SAE J3069 glare limits similar to (and based on) the more advanced. It uses advanced NHTSA has considered a number of ones developed by NHTSA. The track sensors and computing technology that alternatives to this proposal. The main test, however, differs significantly from more accurately and precisely detect the alternatives are the European the proposed track test. The SAE test presence and location of other vehicles requirements and the SAE does not use actual vehicles to stimulate and shape the headlamp beams to recommended practice for ADB the ADB system, but instead uses test provide enhanced illumination of published in June 2016 (SAE J3069). fixtures fitted with lamps that are unoccupied portions of the road and This proposal incorporates elements of intended to simulate oncoming and avoid glaring other vehicles. these standards, but departs from them preceding vehicles. It also specifies a This proposal would amend the in significant ways. much smaller range of scenarios (for Federal safety standard for lighting to example, it only tests on straight permit the certification of this advanced ECE Requirements roadway, not curves) and measures ADB technology and specify performance The Economic Commission for illuminance only at a small number of requirements and compliance test Europe (ECE) has permitted and specified distance intervals. procedures for these optional systems. regulated ADB under its type approval To test for glare SAE J3069 also The proposed requirements are framework for several years. The ECE includes, in addition to this track test, intended to ensure that ADB systems regulations have a variety of an equipment-level laboratory test operate safely by providing adequate requirements that specifically apply to requirement that the part of the adaptive visibility while not glaring oncoming or ADB. Many of these are equipment beam directed towards an oncoming or preceding vehicles. To understand what requirements that are not appropriate preceding vehicle not exceed the lower the new technology does and the for a performance-oriented FMVSS. The beam photometric maxima. We propose proposed regulatory adjustments, it will ECE requirements also include a a requirement very similar to this, but be helpful first to provide some vehicle-level road test on public roads. we also propose to require that the part background on headlamp technology The road test includes a variety of types of the adaptive beam directed towards and NHTSA’s headlamp regulations. of roads (e.g., rural, urban) and types of unoccupied roadway not exceed the interactions with other vehicles. The current upper beam maxima. Although The Twin Safety Needs of Glare performance of the ADB system—with this is not included in the SAE Prevention and Visibility respect to both visibility and glare—is standard, we believe it is important to Vehicle headlamps must satisfy two evaluated by the type approval engineer maintain the upper beam maxima different safety needs: Visibility and driving the ADB-equipped vehicle. A because they too play a role in glare glare prevention. Headlamps provide Federal Motor Vehicle Safety Standard prevention. forward visibility (and also work in is, however, statutorily required to be To test for adequate visibility, SAE conjunction with parking lamps on objective. The ECE road test is not J3069 includes an equipment-level passenger cars and other narrow appropriate for adoption as an FMVSS laboratory test requirement that the part vehicles to provide conspicuity). They because it does not provide sufficiently of the adaptive beam directed towards also have the potential to glare other objective performance criteria. The unoccupied roadway comply with the motorists and road users. For this proposed track test scenarios are based, lower beam minima. The proposed reason, headlighting systems include a in part, on the ECE scenarios. The requirements are more stringent. They lower beam and an upper beam. Lower proposed glare limits are the objective would require that this part of the beams (also referred to as passing beams criteria that we propose using to adaptive beam comply with the current or dipped beams) illuminate the road evaluate the performance of an ADB upper beam minima, not the lower beam and its environs close ahead of the

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51769

vehicle and are intended for use during meeting or closely following another regions. Thus, headlighting has low speed driving or when meeting or vehicle. The lower beam pattern is traditionally entailed a trade-off closely following another vehicle. designed to produce relatively high between forward longer-distance Upper beams (also referred to as high levels of light only in the close-in visibility for the driver and glare to beams, main beams, or driving beams) forward visibility region; the upper other road users. are intended primarily for distance beam is designed to produce high light illumination and for use when not levels in close-in and longer distance

Visibility and glare are both related to side mirrors).1 Empirical evidence Unlike drug or alcohol use, there is motor vehicle safety. Visibility has an suggests that headlamp glare degrades usually no way to determine precisely obvious, intuitive relation to safety: The important aspects of driving the amount of glare present in a crash. better a driver can see the road, the performance, such as decreasing the Nevertheless, some police crash reports better he or she can react to road distance at which an object in or near mention glare as a potential cause, and conditions and obstacles and avoid the roadway can be seen, increasing it is reasonable to expect that reductions crashes. Although the qualitative driver reaction times, and reducing the in visibility caused by headlamp glare connection to safety is intuitive, probability a driver will detect an increase crash risk.3 Discomfort might quantifying the effect of visibility on object.2 It is difficult, however, to also indirectly affect crash risk; for crash risk is difficult because of many quantify the effect of glare on crash risk. example, if a driver reacts to glare by confounding factors (for example, was changing her direction of gaze.4 In the late-night crash because of 1 See generally Nighttime Glare and Driving addition to influencing safety, diminished visibility or driver fatigue?). Performance, Report to Congress, p. ii (2007), discomfort caused by glare may induce Glare, again intuitively, is related to National Highway Traffic Safety Administration, Department of Transportation [hereinafter ‘‘2007 some drivers, particularly older drivers, safety because it degrades a driver’s Report to Congress’’]. ability to see the forward roadway and 2 2007 Report to Congress, pp. iv, 11–14. See also, 3 John D. Bullough et al. 2008. Nighttime Glare any unexpected obstacles. Glare is a e.g., John D. Bullough et al. 2003. An Investigation and Driving Performance: Research Findings, DOT sensation caused by bright light in an of Headlamp Glare: Intensity, Spectrum and Size, HS 811 043. Washington, DC: U.S. Department of DOT HS 809 672. Washington, DC: U.S. Department observer’s field of view. It reduces the Transportation, National Highway Traffic Safety of Transportation, National Highway Traffic Safety ability to see and/or causes discomfort. Administration [hereinafter ‘‘Investigation of Administration, p. I–4. Headlamp glare is the reduction in Headlamp Glare’’], p. 1 (‘‘It is almost always the 4 Id., p. 33. But see Investigation of Headlamp visibility and discomfort caused by case that headlamp glare reduces visual Glare, p. 3 (‘‘Very few studies have probed the performance under driving conditions relative to interactions between discomfort and disability viewing headlamps of oncoming or the level of performance achievable without glare, or indeed any driving-performance related trailing vehicles (via the rearview or glare.’’). factors . . . .’’).

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.000 51770 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

to avoid driving at night or simply must provide in the direction of that test individual components, not as installed increase annoyance.5 point or the maximum level of intensity on a vehicle. It also requires lamps be The potential problems associated the headlamp may provide toward the placed within designated bounds on a with glare are highlighted by the test point, or both. There are different motor vehicle. Thus, except for the type, thousands of complaints NHTSA has photometric requirements for lower number, activation, and location of received from the public on the issue. beams and upper beams.8 lighting, FMVSS No. 108 primarily The introduction of halogen headlamp Different test points regulate different regulates lighting as equipment technology in the late 1970s and high- aspects of headlamp performance. With independent of the vehicle. The intensity discharge and auxiliary respect to the lower beam, some test proposed glare limits and vehicle-level headlamps in the 1990s was points ensure the beam is providing track test to evaluate ADB performance accompanied by a marked upswing in enough visibility of the roadway; other in recognizing and not glaring oncoming the number of glare complaints to test points ensure the beam does not and preceding vehicles differ from the NHTSA. In response to increased glare oncoming or preceding drivers; existing photometry requirements consumer complaints about glare in the and other test points ensure there is because they are vehicle-level—not late 1990s, NHTSA published a Request illumination of overhead signs. The equipment-level—requirements. for Comments in 2001 on issues related upper beam photometric test points Third, compliance testing for to glare from headlamps, fog lamps, primarily (but not exclusively) consist conformance to the current photometry driving lamps, and auxiliary of minima, and ensure sufficient light is requirements is, for the most part, headlamps.6 NHTSA received more cast far down the road. The lower beam conducted in a laboratory. Photometry than 5,000 comments, most of which test points consist of both minima and testing is performed under strictly concerned nighttime glare from front- maxima, resulting in a beam pattern controlled conditions in a darkened mounted lamps.7 providing more illumination to the right laboratory using highly accurate light This proposal is intended to enable of the vehicle centerline and less measurement sensors. The headlamp the adoption of ADB and help ensure illumination to the left side of the being tested is placed in a specialized that ADB systems meet these twin safety vehicle centerline and much less light fixture, and the light sensor is used to needs of glare prevention and visibility. above the horizon (roughly in the area measure the amount of light at each of of the beam pattern an oncoming Headlamp Photometric Requirements the photometric test points to determine vehicle would be exposed to). The lower whether the headlamp complies with NHTSA is authorized to issue FMVSS beam test points controlling the amount the photometric requirement(s) for that that set performance requirements for of light cast on other vehicles are test test point. The proposed vehicle-level new motor vehicles and new items of points regulating glare. This rulemaking track test to evaluate ADB performance motor vehicle equipment. Each FMVSS is related to and based on the current differs from this traditional testing specifies performance requirements and lower and upper beam photometric test because it is track-based, not laboratory- test procedures the Agency will use to points, especially the lower beam based. conduct compliance testing to confirm photometric test points limiting glare to performance requirements are met. oncoming and preceding drivers. Regulatory History and Research Efforts Motor vehicle and equipment Second, the photometric Related to Glare manufacturers are required to self- requirements, and the requirements in FMVSS No. 108 has included certify that their products conform to all FMVSS No. 108 generally, are photometry requirements since the applicable FMVSS. FMVSS No. 108 requirements for equipment, not for inception of the standard in 1967. The specifies performance and equipment vehicles. There are two basic types of standard initially adopted SAE 9 requirements for vehicle lighting, Federal Motor Vehicle Safety Standards: photometry requirements.10 Since then, including headlamps. The standard Those establishing minimum NHTSA has made some adjustments to requires, among other things, that performance levels for motor vehicles, the photometry requirements. For vehicles be equipped with lower and and those establishing levels for example, the requirements were upper beams as well as a means for individual items of motor vehicle amended to permit brighter upper switching between the two. Three equipment. An example of the former is beams 11 and to include photometric test aspects of these requirements are Standard No. 208, Occupant Crash points for overhead retroreflective especially relevant to this proposal. Protection. That standard requires that signs.12 In addition, in the mid and late First, the standard sets out vehicles be equipped with specific 1980s, NHTSA began to explore the requirements for the beam performance occupant protection equipment (such as possibility of making FMVSS No. 108 (beam pattern) of the lower and upper seat belts or air bags) and certified as more of a vehicle standard.13 NHTSA beam. These requirements, referred to as being able to pass specified whole- began developing vehicle-level photometric requirements, consist of vehicle tests (such as a frontal crash headlamp photometric specifications sets of test points and corresponding test). FMVSS No. 108, on the other based on the geometry of roadways, an criterion values. Each test point is hand, is largely an equipment standard. analysis of crash data, and the driver’s defined with respect to an angular It uses a two-step process to regulate ability to see.14 The Agency then issued coordinate system relative to the vehicle lighting. It requires vehicle an NPRM to amend the headlamp headlamp. (As discussed in more detail lighting equipment be manufactured to below, these requirements are for an conform to its requirements (such as the 9 The Society of Automotive Engineers (now SAE individual headlamp, not for an entire headlamp photometry requirements), International). SAE is an organization that develops headlighting system as installed on a whether used as original or replacement technical standards based on best practices. 10 vehicle.) For each test point, the equipment. These requirements are, for See 54 FR 20066 (May 9, 1989) (explaining standard specifies the minimum amount history of photometric requirements). the most part, independent of the 11 43 FR 32416 (July 27, 1978). of photometric intensity the headlamp vehicle; they regulate lamps as 12 58 FR 3856 (Jan. 12, 1993). 13 50 FR 42735 (Oct. 22, 1985) (Request for 5 2007 Report to Congress, p. iv. 8 The upper beam photometric requirements are Comments). 6 66 FR 49594 (Sept. 28, 2001). set out in Table XVIII; the lower beam photometric 14 52 FR 30393 (Aug. 14, 1987) (Request for 7 69 FR 54255 (Sept. 8, 2004). requirements are set out in Table XIX. Comments).

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51771

requirements to make them more understand the complaints, NHTSA other things, the current photometry performance-oriented.15 That conducted a survey of U.S. drivers.21 requirements are equipment-based rulemaking was terminated several The results showed that while, for a requirements that involve laboratory years later because the technical majority of respondents (about 54%) testing, not vehicle-based requirements complexities proved too difficult to glare was ‘‘noticeable but acceptable,’’ a tested on a track. Both of these research surmount at that time. sizeable number of drivers (about 30%) efforts are discussed in more detail in NHTSA has also, at various times, rated glare as ‘‘disturbing.’’ In 2003 Section IV below. taken steps to address problems and NHTSA published a request for consumer complaints related to glare.16 comments to learn more about advanced Adaptive Driving Beam Technology, In the 1970s, NHTSA began research in headlighting systems that can actively Toyota Petition for Rulemaking, and response to consumer suggestions that change the intensity and duration of SAE J3069 vehicles should have a lower-intensity headlamp illumination (these systems The last several years have seen the third beam for driving in well-lit areas. were precursors of ADB technology) to In the 1990s, NHTSA issued a final rule development of ADB headlamps in evaluate whether such systems would other parts of the world, including to address headlamp misaim, which is contribute to glare.22 In 2007, NHTSA an important factor in the cause of Europe. Adaptive driving beam is a submitted a report on glare to ‘‘long-range forward visibility light glare.17 In 2001, NHTSA published a 23 Congress. In addition, NHTSA beam[ ] that adapts to the presence of Request for Comments concerning conducted multiple studies, using field issues related to glare from headlamps, opposing and preceding vehicles by measurements, laboratory tests, modifying portions of the projected light fog lamps, driving lamps, and auxiliary computer analyses, and vehicle tests to 18 in order to reduce glare to the drivers/ headlamps. We observed that examine the effects of different riders of opposing and preceding ‘‘auxiliary lamps are now becoming a headlamp factors on driver vehicles.’’ 27 It therefore has the source of complaint for glare. Often performance.24 potential to improve long-range described as another set of headlamps, After these efforts concluded, NHTSA visibility for the driver without glaring sometimes mounted lower, the public has continued in recent years to study other road users. reports that these lamps seem to be used the possibilities offered by advanced all the time at night. This documented frontal lighting, including its potential ADB systems utilize advanced misuse of fog lamps in particular helps to reduce glare. Two recent NHTSA equipment, including sensors (such as substantiate the complaints that NHTSA research studies form the basis for this cameras), data processing software, and has been receiving. NHTSA has received proposal. In 2012, the Agency published headlamp hardware (such as shutters or complaints about fog lamp use for a a study (‘‘Feasibility Study’’) 25 LED arrays). ADB systems detect and 19 while, but never so many as recently.’’ exploring the feasibility of new identify illumination from the NHTSA received more than 5,000 approaches to regulating vehicle headlamps of oncoming vehicles and comments in response to the 2001 lighting performance, including the taillamps of preceding vehicles. The notice, most of which expressed headlamp photometry. Among other system uses this information to concerns about glare. In 2005 Congress things, the study presented vehicle- automatically adjust the headlamp directed the Department of based headlamp photometry beams to provide less light to areas of Transportation to conduct a study of the requirements derived from the current the roadway occupied by other vehicles risks associated with glare to oncoming requirements in Tables XVIII (upper and more light to unoccupied portions vehicles.20 NHTSA also issued a variety beam) and XIX (lower beam). This of the road. ADB systems typically use of interpretation letters concerning the included vehicle-based photometry the existing front headlamps with permissibility of various frontal lighting requirements to ensure that other modifications that either implement a concepts. Generally, NHTSA allowed vehicles are not glared. NHTSA built on mechanical shade rotating in front of the low-illuminance supplementary frontal this effort by developing a vehicle-level headlamp beam to block part of the lighting such as fog lamps, but found, in track test to evaluate whether an ADB beam, or extinguish individual LEDs in at least some instances, that higher- system complies with the derived headlamps using arrays of light source power frontal lamps were not permitted. photometry requirements for glare systems (e.g., LED matrix systems). The These interpretations are discussed in prevention (‘‘ADB Test Report’’).26 This portion of the beam directed to portions detail in Section VI below which sets research was necessary because, among of the roadway occupied by other out NHTSA’s tentative interpretation of vehicles is at or even below levels of a how FMVSS No. 108 applies to ADB. 21 Perel & Singh. 2004. Drivers’ Perceptions of traditional lower beam.28 The portion of In response to the many complaints Headlamp Glare from Oncoming and Following the beam directed at unoccupied from the public about glare and the Vehicles, DOT HS 809 669. Washington, DC: portions of the road is typically Congressional mandate to study the National Highway Traffic Safety Administration. equivalent to existing upper beams. The risks of glare, NHTSA initiated a 22 68 FR 7101 (Feb. 12, 2003); 70 FR 40974 (July ADB systems NHTSA tested required multipronged research program to 15, 2005) (withdrawn). 23 See supra, note 1. that the driver manually select ADB examine the reasons for the complaints 24 See generally Summary of Headlamp Research mode using the headlighting system as well as possible solutions. This effort at NHTSA, DOT HS 811 006. Washington, DC: control and were designed to activate culminated in several detailed Agency National Highway Traffic Safety Administration only at speeds above typical city driving reports. For example, to better (2008). 25 Michael J. Flannagan & John M. Sullivan. 2011. speeds (about 20 mph). Feasibility of New Approaches for the Regulation of 15 54 FR 20084 (May 9, 1989). ADB systems may be viewed as an Motor Vehicle Lighting Performance. Washington, 16 See generally 66 FR 49594, 49596 (Sept. 28, DC: National Highway Traffic Safety advanced type of semiautomatic 2001). Administration. See also 77 FR 40843 (July 11, headlamp beam switching device 17 62 FR 10710 (Mar. 10, 1997). 2012) (request for comments on the report). (which is explicitly permitted as a 18 66 FR 49594. 26 Elizabeth Mazzae, G.H. Scott Baldwin, Adam compliance option in FMVSS No. 19 66 FR 49601. Andrella, & Larry A. Smith. 2015. Adaptive Driving 20 Safe, Accountable, Flexible, Efficient Beam Headlighting System Glare Assessment, DOT Transportation Equity Act: A Legacy for Users, HS 812 174. Washington, DC: National Highway 27 SAE J3069 JUN2016, Sec. 3.1. Public Law 109–59, Sec. 2015 (2005). Traffic Safety Administration. 28 SAE J3069JUN 2016, pp. 1–2.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51772 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

108 29). Semiautomatic beam switching isolating the effect of visibility on Adaptive Driving Beam (‘‘SAE J3069’’). was first introduced in vehicles in the nighttime crash risk is difficult because The standard, which is based, in part, 1950s, and while not initially widely of many confounding factors, there is on NHTSA’s Feasibility Study, specifies adopted, in recent years it has become evidence suggesting diminished a track test to evaluate the performance widely offered as optional equipment. visibility likely increases the risk of of ADB, as well as a variety of other Traditional semiautomatic beam crashes, particularly the risk of requirements. switching headlamps switch pedestrian crashes at higher speeds, as Although ADB has been deployed in automatically from upper beam to lower well as crashes involving animals, Europe on a limited basis, it has not yet beam when meeting other vehicles. trains, and parked cars.33 been deployed in the United States. Unlike ADB, however, traditional ADB was first permitted in Europe by This is largely because of industry semiautomatic beam switching an amendment to R48 and R123 of the uncertainty about whether FMVSS No. headlamps are not able to vary the lower Economic Commission for Europe 108 allows ADB systems.35 NHTSA has beam pattern to fit the traffic on the (‘‘ECE’’). Since then vehicle not, until this NPRM, issued an road; they are only able to produce a manufacturers have provided ADB interpretation of whether and how single lower beam pattern. systems in select vehicle lines sold in FMVSS No. 108 applies to ADB. In ADB technology enhances safety in Europe. For instance, the 2017 2013, Toyota petitioned NHTSA for two ways. First, it provides a variable, Volkswagen Passat was available in rulemaking to amend FMVSS No. 108 to enhanced lower beam pattern that is Europe equipped with an ADB system. permit manufacturers the option of sculpted to traffic on the road, rather Audi has been installing ADB on a equipping vehicles with ADB systems.36 than just the one static lower beam variety of Audi models and has sold (as In its petition, Toyota described how its pattern. It is thus able to provide more of the end of 2016) approximately system works, identified the potential illumination than existing lower beams. 123,000 vehicles with ADB across 55 safety benefits of the system, and And it does this, if operating correctly, different markets outside the United discussed its view of how ADB should without glaring other motorists. Second, States.34 Additional world regions be treated under the Agency’s it likely will lead to increased, adopting ECE regulations also permit regulations. In this NPRM, NHTSA sets appropriate, upper beam usage (in ADB. out its tentative interpretation that the situations where other vehicles will not ECE lighting requirements permit existing FMVSS No. 108 prohibits ADB, be glared). Research has shown that adaptive driving beam systems under while, at the same time, granting and most drivers under-utilize the upper the umbrella of adaptive front lighting acting on Toyota’s petition to amend the beams. ‘‘[A]bundant evidence suggests systems, including lighting devices standard to allow for this technology that most drivers use lower beams type-approved according to ECE R123. and ensure that it meets the safety needs primarily, if not exclusively.’’ 30 These systems provide beams with of glare prevention and visibility. Unfortunately, ‘‘driving with lower- differing characteristics for automatic III. ECE ADB Regulations beam headlamps can result in adaptation to varying conditions of use insufficient visibility for a number of of dipped-beam (lower beam) and if it ECE regulations allow ADB systems driving situations,’’ 31 particularly at applies, the main-beam (upper beam). under the umbrella of adaptive front higher speeds, because at higher speeds ECE installation requirements for ADB lighting systems (‘‘AFS’’) under the need for greater seeing distance systems take advantage of the type- Regulation 48.37 There are a variety of increases.32 ADB technology (like approval framework used throughout requirements for AFS generally and traditional beam switching technology) ECE standards to test whole vehicles adaptive lighting in particular. Unlike enables the driver to activate the ADB within traffic to verify performance. The the FMVSS, which rely on manufacturer system so that it is always in use, system is evaluated subjectively through self-certification, ECE requirements for obviating the need to switch between observations made by the type-approval ADB systems utilize the type approval lower and upper beams. In this way, the technician during a test drive consisting framework used throughout the ECE upper beam will be more widely used, of various driving situations. standards. Under the type approval and used only when there are no other The automotive industry has also framework, production samples of new vehicles present. For both these reasons, recently developed a recommended model cars must be approved by ADB has the potential to reduce the risk practice for ADB technology. In June regulators before being offered for sale. of crashes by increasing visibility 2016, SAE adopted SAE J3069 JUN2016, This approval is based, in part, on without increasing glare. Although Surface Vehicle Recommended Practice; testing whole vehicles on public roadways to verify performance. The 29 S9.4.1. 33 2007 Report to Congress, p. 6. A recent study ECE requirements specify that the 30 John D. Bullough, Nicholas P. Skinner, Yukio by the Insurance Institute for Highway Safety noted adaptation of the main-beam not cause Akashi, & John Van Derlofske. 2008. Investigation that ‘‘[t]wenty-nine percent of all fatalities during any discomfort, distraction or glare to of Safety-Based Advanced Forward-Lighting 2014 occurred in the dark on unlit roads. Although Concepts to Reduce Glare, DOT HS 811 033. factors such as alcohol impairment and fatigue the driver of the ADB-equipped vehicle Washington, DC: National Highway Traffic Safety contributed to many of these crashes, poor visibility or to oncoming and preceding vehicles. Administration, p. 63. See also, e.g., Mary Lynn likely also played a role.’’ Ian J. Reagan, Matthew This is demonstrated through the Mefford, Michael J. Flannagan & Scott E. Bogard. L. Brumbelow & Michael J. Flannagan. 2016. The technical service performing a test drive 2006. Real-World Use of High-Beam Headlamps, Effects of Rurality, Proximity of Other Traffic, and UMTRI–2006–11. University of Michigan, Roadway Curvature on High Beam Headlamp Use Transportation Research Institute, p. 6 (finding that Rates. Insurance Institute for Highway Safety, pp. 35 See, e.g., SAE J3069 (‘‘However, in the United ‘‘high-beam headlamp use is low . . . consistent 2–3 (citations omitted). See also Feasibility Study, States it is unclear how ADB would be treated with previous studies that used different p. 5 (‘‘The conclusion of our analysis was that under the current Federal Motor Vehicle Safety methods’’). pedestrian crashes were by far the most prevalent Standard (FMVSS) 108.’’). 31 Investigation of Safety-Based Advanced type of crash that could in principle be addressed 36 Letter from Tom Stricker, Toyota Motor North Forward-Lighting Concepts to Reduce Glare, DOT by headlighting.’’). See Appendix A for an analysis America, Inc. to David Strickland (Mar. 29, 2013). HS 811 033, p. 63. that roughly estimates the target population that 37 Regulation 48 defines AFS as ‘‘a lighting device 32 Michael J. Flannagan & John M. Sullivan. 2011. could benefit from ADB technology. type-approved according to Regulation No. 123, Preliminary Assessment of The Potential Benefits of 34 Letter from Thomas Zorn, Volkswagen Group providing beams with differing characteristics for Adaptive Driving Beams, UMTRI–2011–37. of America to Dr. Mark Rosekind, Administrator, automatic adaptation to varying conditions of use University of Michigan, Transportation Research NHTSA, Petition for Temporary Exemption from of the dipped-beam (passing-beam) and, if it Institute, p. 2. FMVSS 108 (October 10, 2016), pp. 1, 7. applies, the main-beam (driving-beam).’’

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51773

on various types of roads (e.g., urban, drivers. These test points correspond to could glare the driver of the stimulus multi-lane roads, and country roads), at where an oncoming or preceding vehicle—for example, on an outside rear a variety of speeds, and in a variety of vehicle would be on the road in relation view mirror, or in front of the specified traffic conditions.38 The to the vehicle. For each of these points windshield near the driver’s eyes.45 The performance of the ADB system is there is a maximum illuminance 43 ADB-equipped vehicle and one or more evaluated based on the subjective level—a level of light that should not be of the stimulus vehicles were then run observations of the type approval exceeded. The maximum allowed through the various driving scenarios on engineer during this test drive. illuminance level depends on how far in closed courses at a vehicle testing front of the vehicle the test point is. facility. During these test runs IV. NHTSA Research Related to ADB That is, the Feasibility Study derives the illuminance data from the photometers There are two components to maximum amount of light that should was recorded as was position data for NHTSA’s ADB-related research—the be directed toward an oncoming or vehicles. A variety of adjustments were 2012 Feasibility Study and the 2015 preceding vehicle, based on how far the made to the illuminance and position ADB Test report. This research develops oncoming or preceding vehicle is from data (for example, the recorded objective criteria and test procedures to the ADB-equipped vehicle (‘‘derived illuminance values were adjusted to evaluate whether an ADB system glares glare limits’’). Additional details on this account for ambient light). oncoming or preceding vehicles. derivation can be found in the To evaluate the performance of the The Feasibility Study derives vehicle- Feasibility Study. ADB system, NHTSA used simplified based photometric requirements to NHTSA conducted testing and versions of the derived glare limits control glare from the current research to develop an objective and reported in the Feasibility Study. This equipment-based photometric test repeatable performance test to evaluate resulted in two sets of glare limits: One points in FMVSS No. 108. As explained whether an ADB system exceeds the set for glare to oncoming vehicles and above, the existing lower-beam derived glare limits. The testing was one set for glare to preceding vehicles. photometry requirements regulate glare based on the ECE R48 test drive The glare limits are specified with by specifying the maximum intensity of scenarios and the derived glare limits. respect to the distance between the light permitted at certain specified We evaluated and refined a range of ADB-equipped vehicle and either the portions of the lower beam that are test track scenarios based on the ECE oncoming or preceding stimulus vehicle directed towards oncoming or preceding test drive specifications. These included (see Table 1 and Table 2). The specified vehicles. These requirements are set out a variety of types of roadway geometry glare limit is the maximum amount of in Table XIX of FMVSS No. 108. Four (e.g., curved, straight, winding), and light that may be cast on an oncoming of these test points regulate headlamp maneuver scenarios (e.g., encountering or preceding vehicle within that glare.39 Two of these test points an oncoming vehicle, or passing a distance interval. The recorded correspond to locations of oncoming preceding vehicle). We ran the tests on illuminance values were compared with vehicles (i.e., to the left of the lamp and a closed test track with three types of the derived glare limit corresponding to slightly above horizontal),40 and two ‘‘stimulus’’ vehicles (the vehicle that the distance at which the illuminance correspond to glare to preceding was used to interact with the ADB- value was recorded. If the recorded vehicles (i.e., to the right of the lamp equipped vehicle and stimulate the illuminance value exceeded the derived and slightly above horizontal).41 Table adaptive driving beam): A large glare limit, this was considered a test XIX specifies the maximum intensity of stimulus vehicle, a small stimulus failure. light that may be emitted in these vehicle, and a motorcycle. Scenarios directions. So, for example, a lower varied the speed of both the ADB- TABLE 1—LIMITS FOR GLARE TO beam may not provide more than 1,000 equipped vehicle and the stimulus ONCOMING VEHICLES candela 42 (cd) at 0.5 degrees up, and 1.5 vehicle (anywhere from stationary to 67 degrees to the left. These photometric mph). Range from headlamp to Maximum requirements are for an individual We also developed methods and photometer illuminance headlamp (as a piece of equipment, and procedures to objectively assess ADB (m) (lux) tested in a laboratory), not for a system performance on these test track 15.0–29.9 ...... 3.1 headlighting system as installed on a drives. As noted above, ADB 30.0–59.9 ...... 1.8 vehicle. performance on the ECE test drive is 60.0–119.9 ...... 0.6 The Feasibility Study translates these evaluated based on the subjective 120.0–239.9 ...... 0.3 equipment requirements into vehicle- observations of the type approval based photometric requirements for an engineer. NHTSA’s statute requires, entire headlighting system by however, that an FMVSS be objective. TABLE 2—LIMITS FOR GLARE TO translating them into three-dimensional To objectively measure the amount of PRECEDING VEHICLES space around a vehicle (picture a cloud light cast on oncoming and preceding of points in front of the vehicle). It vehicles by the ADB-equipped vehicle, Range from headlamp to Maximum photometer illuminance derives groups of test points to control the stimulus vehicle was equipped with (m) (lux) glare to oncoming and preceding photometers 44 mounted at locations where light from the ADB headlamps 15.0–29.9 ...... 18.9 38 See Annex 12 to ECE R48. 30.0–59.9 ...... 18.9 39 More specifically, they regulate glare that 43 Illuminance is the amount of light falling on a 60.0–119.9 ...... 4.0 comes directly from the headlamps (as opposed to surface. The unit of measurement for illuminance 120.0–239.9 ...... 4.0 headlamp glare that reflects off of, say, the road is lux. Lux is a unit measurement of illuminance surface). describing the amount of light falling on a surface, 40 1U, 1.5L to L (700 cd maximum); 0.5U, 1.5L to whereas candela is a measure of the luminous 45 The motorcycle was not fitted with L (1,000 cd maximum). intensity produced by a light source in a particular photometers because of time constraints and 41 1.5U, 1R to R (1,400 cd maximum); 0.5U, 1R direction per solid angle. A measure of luminous equipment availability. Illuminance receptors were to 3R (2,700 cd maximum). intensity in candela can be converted to a lux located on a vehicle positioned adjacent to the 42 Candela is a unit of measurement of luminous equivalent, given a specified distance. motorcycle; this vehicle’s lamps remained off to intensity. Candela is a measure of the amount of 44 A photometer, or illuminance meter, is an ensure that the ADB-equipped vehicle was light coming from a source per unit solid angle. instrument that measures light. responding only to the motorcycle’s lamps.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51774 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

We tested four different ADB- illumination from the recorded seconds to react and adjust the beam. If equipped vehicles that were approved headlighting system test trial data. For any recorded (or interpolated) and sold in Europe: A MY 2014 Audi example, ADB response timing seemed illuminance value exceeds the A8 equipped with MatrixBeam; a MY consistent across trials. Scenarios applicable glare limit, the standard 2014 BMW X5 xDrive35i equipped with involving the stimulus vehicle and provides for an allowance: The same Adaptive High-Beam Assist; a MY 2014 ADB-equipped vehicle driving toward test drive scenario is run, except now Lexus LS460 F Sport equipped with each other showed ADB adaptation only the lower beam is activated. The Adaptive High-Beam System; and a MY occurring at closer range between ADB system can still be deemed to have 2014 Mercedes-Benz E350 equipped vehicles than would be seen if the passed the test as long as any of the with Adaptive Highbeam Assist. The stimulus vehicle is stationary because of ADB exceedances do not exceed 125% beam patterns on the Audi and the ADB response timing. Third, the of the measured (or interpolated) Mercedes headlamps were FMVSS No. testing showed that this whole-vehicle illuminance value(s) for the lower beam. 108-compliant. Activation speeds for test procedure could be accomplished in these ADB systems ranged from 19 to 43 a repeatable manner. Specific testing TABLE 3—SAE J3069 GLARE LIMITS mph.46 The Agency analyzed the results are discussed in more detail in research in a variety of ways, including the docketed test report and data and in Range from Maximum Maximum headlamp to illuminance, illuminance, assessments for repeatability. subsequent sections of this preamble. photometer oncoming preceding In these tests, ADB appeared to Repeatability is discussed in more detail (m) (lux) (lux) provide noticeable additional roadway in Section VIII.c. illumination. ADB adaptation was more 30 1.8 18.9 V. SAE J3069 60 0.7 8.9 apparent in some vehicles than others. 120 0.3 4.0 However, in many cases ADB did not In 2016, SAE published a standard for 155 0.3 4.0 succeed in maintaining glare in the adaptive driving beam systems, SAE location of other vehicles to lower beam J3069 JUN 2016, Adaptive Driving In addition to the dynamic track test, levels. Generally, the Agency’s testing Beam. The standard specifies a road test the standard contains a number of other suggested that when an ADB system has to determine whether an ADB system system requirements, such as physical a long preview of another vehicle, ADB glares oncoming or preceding vehicles. test requirements and requirements for can perform well. When an ADB system The standard specifies, as performance the telltale. It also requires the system does not have a long preview of another criteria, glare limits based on and to comply with certain aspects of vehicle, such as in an intersection similar but not identical to the glare existing standards for lower and upper scenario or when two vehicles are limits used in the ADB Test Report (See beam photometry as measured statically oncoming on a curved road, ADB may Table 3). in a laboratory environment (for not adapt its beam pattern quickly SAE J3069 specifies a straight test example, for the portion of the ADB enough. Additionally, some ADB system track with a single lane 155 m long. On beam that is directed at areas of the behaviors that were not expected and either side of this test lane, the standard roadway unoccupied by other vehicles, uncharacteristic of ADB’s stated specifies the placement of test fixtures the lower beam minimum values purpose were observed, such as simulating an opposing or preceding specified in the relevant SAE standard instances of momentary engagement of vehicle. The test fixtures are fitted with must be met). the upper beam or interpreting a lamps having a specified brightness, In the Proposal and Regulatory reflective roadside sign to be another color, and size similar to the taillamps Alternatives sections of this document vehicle and suddenly darkening the and headlamps on a typical car, truck, we discuss specific provisions of SAE forward roadway. Because this research or motorcycle. The standard specifies J3069 in more detail. evaluated ADB systems installed on MY four test fixtures: An opposing car/ 2014 vehicles, current ADB systems truck; an opposing motorcycle; a VI. Interpretation of How FMVSS No. may be capable of better performance. preceding car/truck; and a preceding 108 Applies to ADB The Agency’s test report made a motorcycle. In addition to simulated number of observations based on its vehicle lighting, the test fixtures are NHTSA has never squarely addressed analysis of the testing data. Here, the fitted with photometers to measure the whether ADB technology is permitted Agency notes several. First, testing illumination from the ADB headlamps. under existing FMSS No. 108 confirmed the validity of the derived The standard specifies a total of requirements. Here we address this glare limits. For example, the eighteen different test drive scenarios. issue and consider requirements in illuminance of the lower beams of the The scenarios vary the test fixture used, FMVSS No. 108 that could pose ADB systems equipped with an FMVSS the placement of the fixture (i.e., to the regulatory obstacles to the introduction No. 108-compliant lower beam was right or left of the lane in which the of ADB in the United States. We first within the glare limits when measured ADB-equipped vehicle is travelling), consider whether ADB technology on the test track with the vehicle and whether the lamps on the test would be permissible under FMVSS No. stationary. Second, the research fixture are illuminated for the entire test 108 as supplemental lighting and demonstrated that achieving a valid drive, or are instead suddenly conclude it is not supplemental lighting. whole-vehicle test procedure for illuminated when the ADB vehicle is We then consider whether an ADB assessing ADB headlighting system close to the test fixture. During each of system would comply with the current performance with respect to relevant these test runs, the illuminance FMVSS No. 108 requirements for performance criteria is technically recorded at 30 m, 60 m, 120 m, and 155 headlights. As we explain below, ADB feasible. The results showed that m must not exceed the specified glare would likely not comply with at least making such measurements outdoors in limits. If there is no recorded some of these requirements, particularly variable ambient illumination illuminance value at any of these the photometry and semiautomatic conditions can be performed in a valid distances, interpolation is used to beam switching device requirements. way, by removing the measured ambient estimate the illuminance at that We tentatively conclude that FMVSS distance. For sudden appearance tests, No. 108 currently would not permit the 46 ADB Test Report, p. 20. the system is given a maximum of 2.5 installation of ADB on motor vehicles.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51775

a. ADB Is Not Supplemental Lighting for use when not meeting or closely FMVSS No. 108 requires vehicles to be But Is Part of the Required Headlamp following other vehicles.’’ 51 A lower equipped with one of several System beam is defined as ‘‘a beam intended to permissible headlighting systems, The threshold issue is whether an illuminate the road and its environs whose specifications are set forth in the ADB system is supplemental or required ahead of the vehicle when meeting or standard. Headlighting systems are 52 lighting. FMVSS No. 108 specifies, for closely following another vehicle.’’ comprised of headlamps and associated each class of vehicle, certain required The beam an ADB system emits when hardware. The purpose of headlighting and optional (if-equipped) lighting there are no preceding or oncoming is primarily to provide forward 54 elements. The standard sets out various vehicles is the upper beam; the beam it illumination. In determining whether performance requirements for the emits when there are preceding or lighting equipment providing forward 53 required and optional lighting elements. oncoming vehicles is a lower beam. illumination is supplemental or The standard also allows vehicles to be ADB technology differs from standard required, NHTSA looks at several equipped with lighting not otherwise headlighting technology in that it can factors: (1) Where the lamp directs its regulated as required or optional provide a variety of lower beam patterns light; (2) whether it uses a headlamp equipment. This type of lighting tailored to fit the particular traffic replaceable light source to emit a beam equipment is referred to as situation it is confronted with. For ease that provides significantly more light supplemental or auxiliary lighting. of reference, we will refer to the ‘‘base’’ flux than supplemental cornering lamps Supplemental lighting is permitted if it lower beam as the lower beam pattern or fog lamps designed to conform to does not impair the effectiveness of produced by the ADB system that is the applicable SAE standards; (3) whether lighting equipment required by the same as the lower beam the headlighting the lamp is intended to be used standard.47 There are two different but system would produce if it were not regularly or is limited (as are fog lamps) related reasons leading us to tentatively ADB-equipped, and the ‘‘augmented’’ to more narrow driving conditions and conclude that an ADB system is not lower beam as the enhanced lower beam situations; and (4) whether there is a 55 supplemental lighting. with which the system illuminates the manual on/off switch. For example, in First, ADB systems are not roadway when at least some portion(s) a 2004 interpretation letter, NHTSA supplemental lighting because they fit of the forward roadway is unoccupied used these factors to evaluate a the definition of ‘‘semiautomatic beam by other vehicles. If the forward swiveling lamp included as part of a switching device,’’ a headlighting roadway is sufficiently occupied by vehicle front lighting system meeting device that is specifically regulated by other vehicles (either oncoming or the FMVSS No. 108 requirements the standard. FMVSS No. 108 requires preceding) so there is no portion of the without the lamp. The lamp was that vehicles be equipped with a roadway that could be illuminated with designed to automatically enhance headlamp switching device that additional light without glaring other forward illumination around corners provides ‘‘a means of switching between vehicles, the ADB system produces a and through curves to improve a lower and upper beams designed and base lower beam; if the forward roadway driver’s ability to see pedestrians, located so that it may be operated is at least partially unoccupied, the bicycles, and other objects. NHTSA conveniently by a simple movement of system produces an augmented lower concluded the lamp was part of the the driver’s hand or foot.’’ 48 As an beam, in which at least some portions required headlighting system, and thus alternative to this requirement, the of the beam pattern are brighter than the not supplemental lighting, and therefore 56 standard allows a vehicle to be corresponding portions in the pattern of subject to the headlamp requirements. equipped with a semiautomatic means the base lower beam. An ADB system Under this analysis, we tentatively of switching between the lower and can provide a variety of different conclude an ADB system is part of the upper beams.49 The standard defines augmented lower beam patterns, required headlighting system and not ‘‘semiautomatic headlamp beam depending on the traffic situation. supplemental lighting. Most switching device’’ as ‘‘one which However, each of these augmented importantly, an ADB system, in contrast provides either automatic or manual beams is, by definition, a lower beam. to supplemental lamps such as control of beam switching at the option Because an ADB system provides either cornering lights or fog lamps, provides significantly more light flux forward of of the driver. When the control is automatic or manual control of beam the vehicle and is intended to be used automatic the headlamps switch from switching at the option of the driver, regularly.57 ADB systems function, and the upper beam to the lower beam when and, when the control is automatic the illuminated by the headlamps on an headlamps switch between an upper approaching vehicle and switch back to 54 S4 ‘‘Headlamp means a lighting device beam and a lower beam, it is a providing an upper and/or a lower beam used for the upper beam when the road ahead is semiautomatic headlamp beam providing illumination forward of the vehicle.’’ dark. When the control is manual, the switching device. The standard has (formatting in original). driver may obtain either beam manually specific requirements for semiautomatic 55 Letter from Jacqueline Glassman, Chief regardless of the conditions ahead of the beam switching devices (we discuss Counsel, to [Redacted] (Jan. 21, 2004) (opining that 50 a ‘‘swiveling lamp’’ is a component of the required vehicle.’’ these requirements in more detail below headlighting system). See also Letter from John We have tentatively concluded that an and in the Proposal section of this Womack, Acting Chief Counsel, to M. Guy ADB system is a semiautomatic beam document). Because ADB is regulated by Dorleans, Valeo Vision (Aug. 31, 1994) (treating an switching device under FMVSS No. 108 auxiliary driving beam as part of the required these requirements, it is not headlighting system); Letter from Frank Berndt, because an ADB system automatically supplemental lighting. Chief Counsel, to I.A. Wuddel, Hueck & Co. (Nov. switches between an upper beam and a Second, ADB is not supplemental 18, 1983) (treating an auxiliary driving beam as part lower beam. An upper beam is defined lighting under NHTSA’s interpretation of the required headlighting system and in the standard as ‘‘a beam intended of the term ‘‘supplemental lighting.’’ alternatively treating it as a supplemental light). All primarily for distance illumination and interpretations cited in this document are available at https://isearch.nhtsa.gov/. 51 Id. 56 Letter from Jacqueline Glassman, Chief 47 S6.2.1. 52 Id. Counsel, to [Redacted] (Jan. 21, 2004). 48 S9.4. 53 This is consistent with SAE J3069 JUN2016, 57 See Letter from Frank Berndt, Chief Counsel, to 49 S9.4.1. which considers ADB as ‘‘an addition to or Robert Bosch Corp. (Feb. 11, 1977) (finding that fog 50 S4. equivalent to the lower beam.’’ Continued

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51776 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

are intended to function, as the primary requirements with which it would not No. 108 test points, these differences are source of forward illumination for the comply. We tentatively conclude that an always designed to be consistent with vehicle when they are activated. This is ADB system would likely not comply satisfying the dual goals of minimizing a safety-critical function affecting not with certain of the requirements for glare to oncoming and preceding drivers only the ADB-equipped vehicle but also lower beam photometry and and enhancing the forward and (through glare) other vehicles. The semiautomatic beam switching devices. sideways illumination for the benefit of purpose of the headlighting the driver in the AHS-equipped requirements is to ensure headlighting i. Photometry Requirements vehicle.’’ 60 Volkswagen, in a recent systems attend to both these safety- An ADB system would have to exemption petition, also notes that ‘‘the critical issues and strike an acceptable comply with all applicable photometry Audi Matrix Beam ADB system does not balance between forward visibility and requirements. As discussed earlier, conform to FMVSS 108 photometric glare. The entire purpose of ADB there are separate photometry requirements at certain test points.’’ 61 technology is to strike this balance more requirements for lower and upper We also note that in the 2003 Request robustly and effectively. It therefore beams. The photometry requirements for Comments regarding advanced seems appropriate that ADB is specify test points, with each test point headlighting systems mentioned earlier, considered an element of required specifying minimum levels of light (to the Agency considered, among other lighting and not merely supplemental ensure adequate illumination) and/or things, advanced headlighting systems lighting. maximum levels of light (to limit glare that could actively re-aim the lower We note that prior to the 2004 to oncoming or preceding vehicles). beam horizontally (so-called ‘‘bending interpretation letter, NHTSA had issued When an ADB system is emitting an light’’). NHTSA concluded that FMVSS several interpretations concerning upper beam, the upper beam must No. 108 does not prohibit bending light auxiliary driving beams in which the conform to the upper beam photometry headlamps because the standard does Agency treated, without directly requirements, and when it is emitting a not specifically address initial or considering the issue, those lamps as lower beam it must conform to the subsequent headlamp aim (the standard supplemental lighting.58 If the lamps in lower beam photometry requirements.59 addresses only aimability requirements). question in those earlier interpretations The upper beam of an ADB system Advanced headlighting systems that can would be considered supplemental would likely be able to comply with the actively re-aim the lower beam lighting under the factors set forth in the upper beam photometry requirements. horizontally are currently available as 2004 interpretation, they may be This is because the ADB upper beam original and replacement equipment in consistent with that later interpretation. would, or should, be the same as the the U.S. There is not, however, sufficient upper beam on the non-ADB-equipped ii. Semiautomatic Beam Switching information about the lighting systems version of that vehicle. Accordingly, an Device Requirements at issue in those earlier interpretations ADB system’s upper beam presumably letters to be able to apply the factors would comply with the upper beam We have tentatively concluded that an from the 2004 interpretation. In any photometric requirements. ADB system is a semiautomatic beam case, the 2004 interpretation has been, The ADB system’s lower beam, on the switching device under FMVSS No. 108. to date, NHTSA’s view on the issue. other hand, would probably not always ADB systems could likely meet some, Because of the reasons given above, we comply with the lower beam but not all, requirements applicable to tentatively conclude that changing that photometric requirements. An ADB these devices. interpretation is not warranted at this system can produce a variety of lower FMVSS No. 108 sets forth a variety of time. beams; each lower beam must comply performance requirements for with the applicable lower beam semiautomatic beam switching devices. b. ADB Systems Would Not Comply photometric requirements. The base ADB systems would likely be able to With at Least Some of the Headlamp lower beam is designed to conform to meet some of the existing semiautomatic Requirements the current lower beam photometry beam switching device requirements: Because we tentatively conclude that requirements. However, the augmented Owner’s manual operating instructions an ADB system is part of the required lower beam(s) provide more (S9.4.1.1); manual override (S9.4.1.2); headlamp system, we next consider illumination than the base lower beam fail safe operation (S9.4.1.3); and whether there are any headlamp would; the purpose of ADB is to automatic dimming indicator (S9.4.1.4). produce a lower beam providing more We propose applying these lamp is supplemental lighting); Letter from Erika Z. illumination than a current FMVSS No. requirements to ADB systems. However, Jones, Chief Counsel, to M. Iwase, Koito Mfg. Co., 108-compliant lower beam. Therefore, it ADB systems likely would not comply Ltd. (March 31, 1986) (same); Letter from Erika Z. with other requirements applicable to Jones, Chief Counsel, to T. Chikada, Stanley Elec. is likely that the augmented lower beam Co. (June 19, 1987) (same); Letter from Erika Z. would not always comply with existing semiautomatic beam switching devices. Jones, Chief Counsel to Byung M. Soh, Target lower beam photometry requirements. One of the requirements is that Marketing Sys., Inc. (Sept. 13, 1988) (same); Letter Toyota appears to allude to this in its semiautomatic headlamp beam from Erika Z. Jones, Chief Counsel, to Sadato switching devices must provide lower Kadoya, Mazda (North America), Inc. (Nov. 3, 1988) petition when it states that ‘‘[w]hile the (same); Letter from Philip Recht, Chief Counsel, to variable beam pattern mode does and upper beams complying with Melinda Dresser, Carlin Mfg. (January 9, 1985) occasionally emit asymmetric relevant photometry requirements. As (same); Letter from John Womack, Acting Chief candlepower that is above the maxima we explain in the section immediately Counsel, to Yohsiaki Matsui, Stanley Elec. Co. or below the minima at certain FMVSS above, an ADB system would not (Sept. 20, 1995) (same). comply with the lower beam 58 See Letter from Erika Z. Jones, Chief Counsel, to P. Soardo, Instituto Elettrotecnico Nazionale 59 We note it does not appear possible to interpret (May 22, 1987); Letter from S.P. Wood to Subaru the standard so the dimmed portion of the ADB 60 Letter from Tom Stricker, Toyota Motor North of America, Inc. (Oct. 31, 1978); Letter from Erika beam is subject to the lower beam photometry America, Inc. to David Strickland (Mar. 29, 2013), Z. Jones, Chief Counsel, to Byung M. Soh, Target requirements and the undimmed portion is subject p. 3. Marketing Sys., Inc. (Sept. 13, 1988); Letter from to upper beam photometry requirements because 61 Letter from Thomas Zorn, Volkswagen Group Erika Z. Jones, Chief Counsel to George Ziolo (Sept. S9.4.1 prohibits simultaneous activation of upper of America to Dr. Mark Rosekind, Administrator, 12, 1988); Letter from Frank Berndt, Chief Counsel, and lower beams (except for signaling or switching, NHTSA, Petition for Temporary Exemption from to I.A. Wuddel, Hueck & Co. (Nov. 18, 1983). neither of which is applicable here). FMVSS 108 (October 10, 2016), p. 2.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51777

photometry requirements in all however, be difficult for NHTSA to for the types of motor vehicles or motor instances. Other requirements include verify this because the Table XVIII and vehicle equipment for which it is fail safe operation requirements, XIX photometric test points are prescribed and the extent to which the mounting height limitations, and a premised on laboratory measurements, standard will further the statutory series of physical tests, including a whereas whether an ADB system is purpose of reducing traffic accidents sensitivity test. Some of these would be functioning properly depends on and associated deaths.68 The difficult to apply to, or would not whether it is accurately detecting responsibility for promulgation of sensibly apply to, an ADB system. oncoming and preceding vehicles in Federal motor vehicle safety standards is delegated to NHTSA.69 The Agency c. Tentative Determination actual operation on the road. Accordingly, even if NHTSA were to carefully considered these statutory We tentatively conclude that ADB adopt this alternative interpretation, it requirements in developing this would not be supplemental lighting and still might not obviate the need for this proposal. We evaluate the proposal with would likely not comply with at least rulemaking. respect to these requirements in some of the lower beam photometric We seek comment on this tentative subsequent sections of this preamble. and semiautomatic beam switching interpretation. In addition, we seek device requirements. We therefore VIII. Proposed Requirements and Test comment on whether there are Procedures tentatively conclude that FMVSS No. provisions in FMVSS No. 108 we have 108 would, in its current form, preclude not identified in this document that We propose amending NHTSA’s an ADB system as original or might apply to ADB systems and so lighting standard to allow ADB systems replacement equipment. should be amended. on vehicles in the United States and Although we tentatively conclude that ensure that they operate safety with an ADB system is part of the required VII. NHTSA’s Statutory Authority respect to the twin safety needs of glare headlighting system, we briefly consider NHTSA is proposing this NPRM prevention and visibility. the status of ADB technology if it were pursuant to its authority under the We have tentatively concluded that instead considered supplemental Motor Vehicle Safety Act. Under 49 because ADB has the potential to equipment. If we were to instead U.S.C. chapter 301, Motor Vehicle provide significant safety benefits, determine that an ADB system is Safety (49 U.S.C. 30101 et seq.), the FMVSS No. 108 should be amended in supplemental lighting, it would be Secretary of Transportation is order to permit it. ADB technology has permissible provided it did not impair responsible for prescribing motor the potential to reduce the risk of the effectiveness of any of the required vehicle safety standards that are crashes by increasing visibility without lighting (S6.2.1). A vehicle practicable, meet the need for motor increasing glare. In particular, it offers manufacturer must certify that vehicle safety, and are stated in potentially significant safety benefits in supplemental lighting installed as preventing collisions with pedestrians, objective terms.64 ‘‘Motor vehicle original equipment complies with cyclists, animals, and roadside objects. safety’’ is defined in the Motor Vehicle S6.2.1 (although, as a practical matter, We have tentatively concluded, Safety Act as ‘‘the performance of a vehicle manufacturers generally insist however, that ADB would not comply motor vehicle or motor vehicle that equipment manufacturers provide with FMVSS No. 108 because an ADB equipment in a way that protects the assurance that their products meet system is part of the required public against unreasonable risk of Federal standards). Effectiveness may be headlighting system—not supplemental accidents occurring because of the impaired if, among other things, lighting—and would likely not comply design, construction, or performance of supplemental lighting creates a with at least some existing lighting a motor vehicle, and against noncompliance in the existing lighting requirements. Accordingly, we propose unreasonable risk of death or injury in equipment or confusion with the signal amending FMVSS No. 108 to permit an accident, and includes sent by another lamp, or functionally ADB systems on vehicles in the U.S. nonoperational safety of a motor interferes with it, or modifies its We have also tentatively concluded vehicle.’’ 65 candlepower to either below the minima ‘‘Motor vehicle safety that in order to ensure that ADB systems or above the maxima permitted by the standard’’ means a minimum operate safely, the standard should be standard.62 The judgment of impairment performance standard for motor vehicles 66 amended to include additional is one made by the person installing the or motor vehicle equipment. When requirements specific to ADB systems. device, although that decision may be prescribing such standards, the Because ADB uses relatively new, questioned by NHTSA if it appears Secretary must consider all relevant, advanced technology to provide an erroneous. available motor vehicle safety 67 enhanced lower beam and dynamically If an ADB system were installed as information. The Secretary must also changes the beam to accommodate the supplemental equipment, it would consider whether a proposed standard is presence of other vehicles, it has the impair the effectiveness of the required reasonable, practicable, and appropriate potential—if it does not function headlighting system if it did not meet properly—to glare other motorists. from Erika Z. Jones, Chief Counsel to George Ziolo the Table XVIII (upper beam) test points (Sept. 12, 1988) (finding that a supplemental NHTSA is particularly sensitive to corresponding to unoccupied portions headlamp would impair the effectiveness of the concerns about glare in light of the of the road, or if it did not meet the headlighting system because it caused the upper history of glare complaints from the Table XIX (lower beam) test points beam to exceed the upper beam photometric public, the 2005 Congressional mandate, maxima); Letter from Erika Z. Jones, Chief Counsel, corresponding to portions of the road on to Byung M. Soh, Target Marketing Sys., Inc. (Sept. and the Agency’s research. Because the which an oncoming or preceding 13, 1988) (finding that a supplemental headlamp existing headlighting regulations (in vehicle was located.63 It would, intensity modulator would impair the effectiveness particular, the photometry of the headlighting system because it would not requirements) are based on and necessarily comply with upper or lower beam 62 See, e.g., Letter from Erika Jones, Chief intended for the current, static beams, Counsel, to Byung M. Soh, Target Marketing photometric requirements). Systems, Inc. (Sept. 13, 1988). 64 49 U.S.C. 30111(a). they do not have any requirements or 63 See Feasibility Study, p. 36 (Fig. 19) (locations 65 49 U.S.C. 30102(a)(8). of upper beam test points) and p. 16 (Fig. 5) 66 30102(a)(9). 68 30111(b) (3)–(4). (locations of lower beam test points). See also Letter 67 30111(b)(1). 69 See 49 CFR 1.95.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51778 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

test procedures to evaluate whether an requirements because they are vehicle- malfunction, would be specific to ADB ADB system is functioning properly as level requirements tested on a track. systems. it dynamically changes the beam to In addition to this track test, we also a. Requirements accommodate other vehicles. We propose a small set of equipment-level therefore propose amending FMVSS No. laboratory testing requirements related This NPRM proposes to subject ADB- 108 to include requirements and test to glare prevention. We propose to equipped vehicles to a dynamic procedures specifically tailored to require that the dimmed portion of the compliance test to ensure the ADB ensure that ADB systems do not glare adaptive beam (i.e., the light directed system does not glare oncoming or other motorists. NHTSA is also towards an oncoming or preceding preceding vehicles. The performance proposing a limited set of requirements vehicle) not exceed the current low requirements we propose specify the to ensure that ADB systems provide beam maxima, and that in the maximum level of illuminance an ADB adequate visibility at all times. undimmed portion of the adaptive beam system may cast on opposing or First, we propose amending FMVSS (i.e., the light directed towards preceding vehicles. In addition to these No. 108 to allow ADB systems. We unoccupied roadway) the current upper glare limit requirements, we are propose amendments to, among other beam maxima not be exceeded. These proposing a set of minimum system things, the lower beam photometry tests would be carried out at the requirements to ensure an ADB system requirements so that the enhanced component level—on the headlamps performs safely. lower beam provided by ADB (not installed on the vehicle) in a i. Baseline Glare Limits technology is permitted. photometric laboratory. These proposed Second, we propose requirements to requirements would essentially subject The foundation of this rulemaking is ensure that ADB systems do not glare the ADB system to laboratory tests of the a set of glare limits specifying the other motorists. ADB systems provide beam similar to what are currently amount of light that may be directed an enhanced lower beam that provides required for standard headlights. towards oncoming or preceding more illumination than the currently- NHTSA anticipates that manufacturers vehicles. The glare limits we propose allowed lower beam. If ADB systems do would be able to certify to these are the same limits used in the ADB not function properly—detect oncoming photometry requirements in a typical Test Report and presented earlier in this and preceding vehicles and shade them photometric laboratory using typical test document in Table 1 (oncoming glare accordingly—other motorists will be procedures, with the addition of a limits) and Table 2 (preceding glare glared. The proposal addresses this headlamp beam controller simulating limits), except instead of regulating safety concern with a combination of the signal sent to headlamps from the glare out to 239.9 m, we propose to vehicle-level track tests and equipment- camera/headlamp controller. regulate glare out to 220 m. Earlier we level laboratory testing requirements. Third, we propose a limited set of explained how these limits were The centerpiece of the proposal is a minimum illumination requirements (as derived. These glare limits would be vehicle-level track test to evaluate ADB tested in a laboratory) to ensure that the used to evaluate ADB headlamp performance in recognizing and not ADB system provides sufficient illuminance as measured in a dynamic glaring other vehicles. We propose visibility for the driver. The current track test. (We explain the proposed test evaluating ADB performance in a headlamp requirements include, in procedures later in this document.) The variety of different types of interactions addition to maximum light levels in current photometric test points from with oncoming and preceding vehicles certain directions, minimum levels of which the proposed limits are derived (referred to as ‘‘stimulus’’ vehicles illumination to ensure that the driver are maxima; therefore, we propose because they stimulate a response from has a minimum level of visibility. We applying the derived glare limits as the ADB system). The stimulus vehicle propose that these existing laboratory maxima, so that any measured would be equipped with sensors to photometry tests be applied to the ADB exceedance of an applicable glare limit measure the illuminance from the ADB system to ensure that the ADB beam would be used to determine compliance system near the driver’s eyes (or pattern, although dynamically changing, (except for momentary spikes above the rearview mirrors). We propose a variety always provides at least a minimum limits lasting no longer than 0.1 sec. or of different test scenarios. The scenarios amount of light. We propose requiring over a distance range of no longer that vary the road geometry (whether it is that the dimmed portion of the adaptive 1 m). We are stating the glare limits to straight or curved); vehicle speeds (from beam meet the current lower beam a precision of one decimal place, as 0 to 70 mph); and vehicle orientation minima and that that in the undimmed recommended in the report that (whether the stimulus vehicle is portion of the adaptive beam the current developed these glare limits.70 For oncoming or preceding). The upper beam minima be met. These purposes of determining compliance illumination cast on the stimulus minimum levels of illuminance are in a with the glare limits, the Agency will, vehicle would be measured and direction such that they would not glare when conducting compliance testing, recorded throughout the test run. In other motorists. Again, NHTSA round measured illuminance values to order to evaluate ADB performance in anticipates that manufacturers will be the nearest 0.1 lux, in accordance with these test runs, we are proposing a set able to certify to these photometry the rounding method of ASTM Practice of glare limits. These are numeric requirement in a typical photometric E29 Using Significant Digits in Test Data illuminance values that would be the laboratory. to Determine Conformance with maximum allowable illuminance the Finally, we propose several other Specifications. ADB system would be permitted to cast system requirements to ensure that an SAE J3069 uses glare limits drawing on the stimulus vehicle. The proposed ADB system operates safely. Some of on and similar but not identical to the glare limits and test procedures are these requirements, such as manual proposed glare limits. The proposed based on NHTSA’s ADB-related override, are already part of the existing glare limits deviate from SAE J3069 in research and are intended to ensure that regulations for semiautomatic beam two main respects. an ADB system is capable of correctly switching devices, and are being First, two of the glare limits differ detecting oncoming and preceding extended to ADB systems. Other slightly. At 60 m, SAE J3069 uses glare vehicles and not glaring them. They requirements such as one that the differ from the existing photometry system notify the driver of a fault or 70 Feasibility Study, p. 80.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51779

limits of 0.7 lux (oncoming) and 8.9 lux Feasibility Study derived for the able to comply with the same 0.3 lux (preceding) compared to the proposed furthest distance it considered (120 m). limit at 220 m (because the illuminance 0.6 lux and 4.0 lux. The proposed limits The issue then is to what maximum decreases as the distance from the light are based on the 0.643 lux and 4.041 lux distance glare should be regulated. We source increases), as long as the ADB limits derived in the Feasibility Study, considered regulating glare out to the system is able to detect oncoming rounded to two decimal places. distance at which the upper beams vehicles at that distance. We believe it Second, SAE J3069 applies to a would be extremely unlikely to glare is reasonable to expect this sort of narrower range of distances (30 m– other motorists, but this would involve detection capability from ADB systems; 155 m) than the proposed glare limits measuring glare at very large distances, for example, the ECE ADB regulations (15 m–220 m). Our tentative decision to which would not be practicable for require ADB cameras to be capable of regulate glare down to 15 m differs from testing purposes.74 The maximum sensing vehicles out to 400 m.77 SAE J3069, which does not apply to distance we are proposing (220 m) We have tentatively concluded that distances less than 30 m. At 15 m, the seems to be roughly consistent with the proposed glare limits are angle between the oncoming or assumptions about allowable glare appropriate for use in this rulemaking. preceding driver’s eyes and the implicit in state laws governing upper The proposed glare limits provide headlamps is small enough to cause the beam use.75 Requiring an ADB system objective, numeric criteria to evaluate observer to be unable to see objects in not exceed 0.3 lux out to 220 m would ADB system performance with respect the roadway. The 15 m cutoff we therefore preclude an ADB system from to glare. They are based on the existing propose is consistent with the using the full upper beam once an glare limits, which have been part of Feasibility Study and ADB Test Report, oncoming vehicle is less than 220 m FMVSS No. 108 since its inception in which also use glare limits for inter- away.76 1967 (although the current lower beam vehicle distances as small as 15 m.71 We We believe it is practicable for OEMs maxima are slightly higher than the believe it is reasonable not to regulate to design systems complying with glare maxima incorporated by reference in the glare for distances smaller than 15 m limits out to 220 m. We are simply initial FMVSS). SAE has adopted glare because as the distance between the applying the lux limit, 0.3, which was limits similar to the proposed limits in ADB and the oncoming vehicle derived for 120 m, out farther, to 220 m. SAE J3069. We seek comment on the decreases, the angle between the two A headlight system able to comply with appropriateness and use of the proposed vehicles increases; the effects of glare an illuminance limit of 0.3 lux at 155 m glare limits. In particular, we request fall off rapidly as the angle between the (as required by SAE J3069) should be comment on any potential safety difference between adopting the SAE glare source and the center of the 74 observer’s field of view increase. For The Feasibility Study derived a glare limit of glare limits and the proposed glare .3 lux at 120 m for oncoming vehicles. For limits. In addition, we seek comment on preceding vehicles in a passing simplicity, and since we do not have derived glare situation, we tentatively believe this is limits for distances greater than 120 m, we apply the proposal to consider any exceedance justified because at this distance the .3 lux as the glare limit for distances greater than of an applicable glare limit (other than 120 m. (From the standpoint of regulatory location of the driver’s eye likely momentary spikes) to be a stringency this is conservative, because, as the noncompliance. This does not take into corresponds to a portion of the beam Feasibility Study explains, the allowable pattern where less light is typically illuminance actually decreases as distance account glare dosage, exposure, or projected. In addition, at smaller increases.) The maximum permissible intensity for perceptibility. Some studies suggest at an upper beam system is 150,000 cd, and the distances it might be difficult to obtain least some adverse effects of glare distance at which this will not glare an oncoming depend on temporal duration. For accurate photometry readings. motorist is, approximately, the distance at which example, some studies have shown that The proposal to measure and regulate this will result in illuminance of .3 lux, which is the time it takes for a driver’s visual glare out to 220 m is farther than either 700 m. This long of a distance—almost a half mile— is not practicable for testing purposes. performance to return to its original SAE J3069 (which applies only out to 75 Many states prohibit upper beam use unless state after exposure to glare (referred to 155 m) or the Feasibility Study (which oncoming vehicles are more than approximately as glare recovery) is proportional to the derived glare limits only out to 120 m) 155 m away. These state upper beam laws are likely total glare or glare dosage.78 It may also and is slightly less than in the ADB Test based on older upper beam headlamps that were not as intense as modern headlamps. See, e.g., Cal. be possible that light intensities Report.72 We tentatively believe it is Veh. Code sec. 24409 (2017) (requirement that exceeding the glare limits may not be necessary to regulate glare further than driver use lower beam within 500 ft (152 m) of an perceptible to an oncoming or preceding oncoming vehicle enacted prior to 1978). Prior to 120 m or 155 m because the upper driver if the exposure duration is beams can glare other roadway users at 1978, the maximum allowable upper beam intensity for a headlighting system was 75,000 cd. See 61 FR sufficiently small. Should there be a and beyond those distances. The 54981. At 155 m, this is equivalent to 3.1 lux. Thus, durational element to the glare limits, maximum intensity allowed for each under these state laws the illumination to which an and if so, what should the duration be? 73 oncoming driver would be exposed would not upper beam headlamp is 75,000 cd; What is the safety-related basis for the this is equivalent to 150,000 cd for a exceed (roughly) 3.1 lux. The current photometry requirements permit a maximum upper beam duration (e.g., evidence that light headlighting system. At 120 m, 150,000 intensity (for a system) of 150,000 cd. This is intensity at or above a baseline glare cd is equivalent to 10.4 lux; at 155 m, equivalent to 3.1 lux at 220 m. Thus, the proposal limit does not have adverse effects on an this translates to 6.2 lux. Both values are to regulate glare out to 220 m is consistent with the oncoming or preceding motorist if the greater than the 0.3 lux glare limit the distance specified by state headlamp beam use laws based on the lower-intensity pre-1978 upper beam, glare lasts for no longer than that adjusted to account for the higher-intensity upper duration)? Would the ‘‘any exceedance’’ 71 Feasibility Study, pp. 23–24. beam allowed since 1978. That is, the distance we rule potentially mean that an ADB 72 The SAE range of 155 m appears to roughly propose exceeds the 155 m found in many state track state laws regulating upper beam use. Many beam use laws because headlamps are now allowed system utilizing pulse width modulated states allow drivers to use upper beams up to about to be brighter than they were previously allowed to 152 m (500 ft.) from an oncoming vehicle; inside be. 77 ECE R48 6.1.9.3.1.2. of 152 m, the driver must use the lower beams. The 76 Assuming the system’s upper beam is designed 78 Yukio Akashi, John Van Derlofske, Jennifer distance requirements are smaller for preceding to produce up the maximum allowable intensity. If Watkinson & Charles Fay. 2005. Assessment of vehicles. See, e.g., Va. Code Ann. sec. 46.2–1034 the upper beam were designed to produce less than Headlamp Glare and Potential Countermeasures: (2017); Cal. Veh. Code sec. 24409 (2017); 7 Tex. the maximum allowable intensity, then the system Survey of Advanced Front Lighting System (AFS). Transp. Code Ann. sec. 547.333. potentially could use the full upper beam within DOT HS 809 973. Washington, DC: National 73 Table XVIII. 220 m. Highway Traffic Safety Administration, pg. 71.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51780 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

light sources could be noncompliant If the Agency were to test an ADB decided not to follow the approach of even though oncoming drivers would system for compliance with these ECE Regulation 48, which requires the not experience glare? If so, how should proposed requirements, the testing upper beam telltale be used to indicate this be accounted for? would be conducted as photometry ADB activation, because we consider testing is now tested, i.e., in a laboratory the ADB adaptive beam to be a lower ii. Existing Photometry Requirements using a goniometer. The Agency beam if there are vehicles on the That Would Also Apply to ADB anticipates manufacturers will be able to roadway to which the beam must adapt. Systems certify to this photometry requirement We also do not require a telltale The proposed baseline glare limits are in a typical photometric laboratory indicating an enabled ADB system is essentially new lower beam photometric using typical test procedures, with the projecting an augmented lower beam. requirements with which an ADB addition of a headlamp beam controller We believe providing the driver with a system would have to comply when simulating the signal sent to headlamps visual indication of the type of beam tested under the track-test procedures from the camera/headlamp controller. (upper or lower) an ADB system is discussed later in this preamble. In For the Agency to conduct such testing, providing is not necessary for safe addition to these track-tested glare it would need to collect considerable driving and, if present, may result in the limits, under this proposal an ADB information from the manufacturer as to driver making unnecessary glances at system would also be subject to some of how to control the headlamps to the instrument panel instead of the existing laboratory-based upper and simulate the dynamic environment. monitoring the roadway. We also lower beam photometry requirements. NHTSA anticipates that it would propose revising the existing upper When the ADB system is producing an consider the manufacturer’s certification beam indicator requirement in S9.5 to upper beam (i.e. when there are no valid unless it is clearly erroneous or if state that the upper beam indicator need oncoming or preceding vehicles within the track testing indicates the basic not activate when the ADB system is 15 m to 220 m) we propose the beam be headlamp photometry may be activated (and the ADB telltale is subject to all of the applicable Table noncompliant with this requirement. activated). This is consistent with SAE J3069. OEMs would be free to devise XVIII upper beam requirements. In iii. Other System Requirements addition, we propose that in the supplemental telltales/messages. In all undimmed portion of the adaptive beam We are also proposing several other of these, we follow the approach taken 79 the applicable Table XVIII upper beam requirements for ADB systems. in SAE J3069. maxima and minima be met. Similarly, We propose applying some existing We seek comment on these choices. we propose requiring that the lower semiautomatic beam switching device Our intent is to ensure that ADB beam maxima and minima be complied requirements to ADB systems: Manual systems operate robustly, while at the with within the dimmed portion of the override (S9.4.1.2); fail safe operation same time not unduly restricting adaptive beam. (S9.4.1.3); and automatic dimming manufacturer design flexibility. We also indicator (S9.4.1.4). These are note that Table I–a of FMVSS No. 108 This differs from SAE J3069 in some requirements that apply today to requires the ‘‘wiring harness or respects. SAE J3069 has somewhat semiautomatic beam switches. connector assembly of each headlighting similar provisions relating to lower and We also propose adopting additional system must be designed so that only upper beam photometry, but those operation requirements that do not have those light sources intended for meeting provisions reference the relevant SAE analogs in the current semiautomatic lower beam photometrics are energized photometric standards; the proposal beam switching device requirements; when the beam selector switch is in the instead appropriately references the most of these are also part of SAE J3069. lower beam position, and that only upper and lower beam photometric We propose to require the following: those light sources intended for meeting requirements in Tables XVIII and XIX of • The ADB system must be capable of upper beam photometrics are energized FMVSS No. 108. In addition, SAE J3069 detecting system malfunctions when the beam selector switch is in the only specifies that the lower beam (including but not limited to sensor upper beam position, except for certain maxima not be exceeded within the obstruction). systems listed in Table II.’’ This might dimmed portion of the augmented lower • The ADB system must notify the affect design choices for the headlight beam, and the lower beam minima be driver of a fault or malfunction. and/or ADB controls. It might mean that complied with outside the dimmed • If the ADB system detects a fault, it the headlight and ADB controls could portion of the augmented lower beam. must disable the system until the fault not be designed so the ADB system is We do not see any reason an ADB is corrected. activated when the beam selector switch system’s upper beam should not be • The system must produce a base is in the lower beam position—the ADB subject to the same requirements as is a lower beam at speeds below 25 mph. As system might, if no other vehicles are standard upper beam, or the dimmed the primary purpose of the ADB is to present, be projecting the upper beam, and undimmed portions of the ADB provide additional light down the road which could mean that upper beam adaptive lower beam should not be at high speed, the system is not needed light sources are activated when the subjected to the applicable upper and at lower speeds. For speeds below 25 beam selector switch is in the lower lower beam maxima and minima. This mph, it may be likely that the potential beam position. We seek comment on the limited set of laboratory-tested disbenefits from glare outweigh the effect of this requirement on ADB photometric requirements are an potential benefits from the additional systems, and whether it needs to be extension of the longstanding headlamp illumination. amended, and if so, how. laboratory-based photometry Although we propose requiring a We are not proposing to subject the requirements for standard headlights. telltale informing the driver when the switch controlling the ADB system to The Agency requests comment on this ADB system is activated (the automatic any physical test requirements (e.g., preliminary determination. In dimming indicator requirement in vibration requirements, humidity particular, can commenters provide S9.4.1.4), we have tentatively decided requirement, etc.). We are not extending information on the safety impact of not to require telltales indicating the current device test requirements for adopting the proposed standard versus type of beam (upper or lower) the ADB the SAE approach? system is providing. We have tentatively 79 S6.8 and discussion at p. 2.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51781

semiautomatic beam switching ADB system in a dynamic road test, in we discuss the stimulus vehicles we devices 80 to ADB systems because those a select number of driving scenarios and propose to use in testing. requirements date from the 1960s and road configurations.82 As noted earlier, 1. Proposal do not appear to usefully extend to the existing headlamp photometric modern ADB technologies. We also are requirements, including the We propose to use as a stimulus not proposing any new physical test requirements that regulate glare, are vehicle any FMVSS-certified vehicle requirements. We believe market forces component-level requirements, and satisfying the following criteria: (1) Of will ensure an ADB system’s switching testing for compliance with them is any FMVSS vehicle classification device will operate robustly. We are, conducted on the headlamp in a excluding trailers, motor-driven cycles, however, proposing requiring the ADB laboratory. We tentatively believe a and low-speed vehicles; (2) of any system to provide malfunction detection dynamic road test is necessary to weight class; (3) of any make or model; and notification and fail-safe operation. ensure, to a reasonable degree of (4) from any of the five model years We seek comment on whether we confidence, that an ADB system meets prior to the model year of the test should specify physical test or minimum safety requirements for the vehicle; and (5) subject to a vehicle additional device test requirements. prevention of glare. Because the ADB height constraint. These criteria, and In addition, other requirements in system relies on a combination of alternatives we are considering, are FMVSS No. 108 applying to headlamps sensors/cameras, controller units, and discussed in more detail below. will apply to ADB systems. ADB headlamps that must all work together, Vehicle Classification systems, as part of the required lighting the Agency tentatively concludes a system, would be required to comply dynamic compliance test is essential for We propose to use vehicles of any with, for example, the Table I evaluating ADB performance. FMVSS classification other than trailers, requirements, such as color (S6.1.2) and Below we discuss the proposed test motor-driven cycles, and low-speed the steady-burning requirement (except procedures in detail. The proposed vehicles: passenger cars, buses, trucks, for signaling purposes, and except for procedures involve equipping an multipurpose passenger vehicles, and the automatic switching from upper FMVSS-certified vehicle with motorcycles. An ADB system should be beam to lower beam stimulated by the photometers (a ‘‘stimulus vehicle’’) to able to function so as to not glare a appearance of an oncoming or preceding measure the amount of glare produced broad range of FMVSS-certified vehicle), and any other provisions in by the ADB-equipped vehicle being vehicles. We do not believe it would be FMVSS No. 108 that would apply to tested for compliance (‘‘test vehicle’’). difficult for an ADB system to identify ADB systems by virtue of their being With respect to the track on which we and shade different vehicle types part of the required headlighting system would test vehicles, we propose because the image recognition (as we have tentatively concluded that specifying relatively broad ranges of technology will likely focus on they are).81 We asked for comment in conditions, with a limited number of headlight and taillight patterns and Section VI above for any other driving scenarios to maintain a practical locations. While the FMVSS do not regulatory provisions that might affect and efficient test while also reflecting regulate vehicle width, FMVSS No. 108 ADB systems that we should consider real-world conditions to which an ADB does regulate the range of permissible amending. system would need to adapt to perform mounting heights for front and rear lamps, based on the type of vehicle; this iv. Retention of Existing Requirements adequately. The test track may include for Semiautomatic Headlamp Beam straight and curved portions but no should help aid detection. Switching Devices Other Than ADB intersections. For curved sections, we Weight propose allowable radii of curvature. The proposal retains the existing We propose using vehicles of any The ADB systems we tested were unable semiautomatic beam switching gross vehicle weight rating (GVWR). to prevent glare to any measurable requirements for beam switching SAE J3069 similarly uses fixtures based degree better on hilly roads than a devices other than ADB (i.e., beam on light and heavy vehicle applications. typical lower beam headlamp. switching devices that switch only Again, we see no reason why an Accordingly, the longitudinal slope between an upper beam and a single acceptable ADB system should not be (grade) cannot exceed 2% to maintain lower beam). These requirements have able to recognize and shade both large useful alignment with headlamps. been in the standard for several decades, and small vehicles as these vehicles will While we encourage continued and while they might be updated, the be encountered in the real world. focus of this rulemaking is on amending development of the technology to the current requirements to allow the reduce glare below the current lower Make and Model adoption of ADB systems. beam on hilly roads, we are not We propose using any make or model proposing such a requirement today. We of vehicle (that meets the other criteria). b. Test Procedures are proposing realistic vehicle speeds, We alternatively considered specifying a i. Introduction appropriate for the radii of curvature we list of eligible test vehicles by make and have specified. This section explains how we propose model spanning a range of to test an ADB system to determine ii. Test Vehicle and Stimulus Vehicle manufacturers and vehicle types. The list would be included as an appendix whether it complies with the In later sections of this preamble, we in FMVSS No. 108. Vehicles included photometric glare limits we are discuss proposed maneuvers of the on the list would comprise a relatively proposing as a performance stimulus and ADB test vehicles. Here, requirement. We propose to test the large percentage of vehicles sold in the United States; for example, the list 82 As with all the FMVSSs, the proposed test 80 FMVSS No. 108 S14.9.3.11. procedures are the procedures that NHTSA would could be based on vehicle and sales data 81 Other examples include, but are not necessarily use in performing compliance testing. Vehicle or from Ward’s Automotive Yearbook. limited to, the following: S10 (headlighting system equipment manufacturers would not be required to Under this specification, the Agency requirements); S12 (headlamp concealment device use these testing procedures to certify their could use any vehicle on the list from requirements); S13 (replaceable headlamp lens vehicles. They may certify their vehicles using requirements); and S14.6 (headlamp physical test other means as long as they exercise due care in the preceding five model years. We have requirements and procedures). making that certification. tentatively decided not to adopt this

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51782 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

approach because we believe an ADB about a test procedure effectively would result in a smaller set of eligible system should recognize and shade a permitting an ADB system designed to stimulus vehicles but that would still be wide variety of vehicles. However, we accommodate only a narrow range of sufficient to adequately discriminate seek comment on this alternative oncoming or preceding vehicles. The between a robust ADB system and a less approach. Are there certain makes or purpose of the stimulus vehicle is to robust ADB system? models an ADB system should not be elicit headlamp beam adaptation by an 2. Alternative: Test Fixtures expected and required to detect? If so, ADB system and test whether the ADB what is the basis for such a system recognizes oncoming and We also considered using test fixtures determination, and how does it satisfy preceding vehicles and appropriately instead of vehicles for the purpose of the need for safety as well as limits the amount of light cast on these eliciting an ADB response as part of a practicability? vehicles to ensure that they are not compliance test. SAE J3069 specifies glared. This requires an ADB system be stationary test fixtures (structures Model Year able to appropriately detect and identify intended to simulate the front or rear of We believe limiting ourselves to the light coming from another vehicle and an actual vehicle) in place of actual preceding five model years strikes a dynamically shade that vehicle. An vehicles. It specifies four test fixtures: reasonable balance between the need for ADB system must be able to recognize An opposing car/truck fixture; an safety and practicability. multiple possible configurations of opposing motorcycle fixture; a preceding car/truck fixture; and a Vehicle Height Constraint headlights and taillights, on vehicles of different size and shape (within a preceding motorcycle fixture. The While we propose potentially using a reasonable range). fixtures are fitted with lamps simulating relatively broad range of vehicle types, We tentatively believe it would be headlamps and taillamps. For headlamp weights, makes, and models, we practicable for a manufacturer to design representations, it specifies a lamp propose to constrain the set of vehicles an ADB system to recognize and shade projecting 300 cd of white light in a eligible as test vehicles by vehicle any vehicle satisfying the proposed specified manner and angle. For the height. The height constraint is based on selection criteria. Although we are taillamp representations, it specifies the proposed specification for where the proposing a relatively broad range of lamps emitting no more than 7 cd of red photometric receptor head(s) to measure eligible stimulus vehicles, the lighting light in a specified manner and angle. oncoming glare will be placed on the configurations an ADB system would The fixtures are fitted with photometers windshield of the stimulus vehicle (see have to recognize are not unbounded. positioned near where a driver’s eyes Section VIII.b.ii.3.a below). They may be Front and rear lighting designs are would be to measure the light from the mounted anywhere within a specified limited by the requirements of FMVSS ADB test vehicle.83 The lamp and range on the windshield (roughly No. 108 and realities of vehicle design. photometer locations are based on corresponding to where the driver’s eyes Mounting heights, number, color, and ‘‘median location values provided by would be), subject to a height constraint: locations of vehicle lighting are [the University of Michigan The photometer may be placed no constrained by requirements set out in Transportation Research Institute].’’ 84 higher or lower than a specified height Table I of FMVSS No. 108. For example, SAE specifies test fixtures to reduce test range (measured with respect to the headlamps must be white and mounted variability and because it considers ground). The ranges are based on data at the same height symmetrically about stationary fixtures as a ‘‘worst case since and studies of driver eye heights for the vertical centerline, as far apart as some camera systems utilize opposing different types of vehicles. If it is not practicable, and mounted at a height of or preceding vehicles movement within possible to mount the receptor head(s) not less than 22 inches nor more than a scene to identify them as vehicles within the specified range on a 54 inches. Additionally, while we are instead of other road objects, such as candidate stimulus vehicle, then that proposing a broad array of makes and reflectors on the side of the road.’’ 85 vehicle would not be eligible for use as models as test vehicles, there is a There was also a ‘‘concern that if the a stimulus vehicle. This photometer limited, and not exceptionally large, actual lower beam headlamps were used receptor head placement constraint number of makes and models of on the opposing vehicle test fixture the effectively acts as a constraint on vehicles offered for sale in the United large gradients present in typical lower vehicles that may be used as stimulus States every year. For example, in beam patterns would cause unnecessary vehicles and excludes vehicles that ride Model Year 2017, approximately 420 test variability.’’ 86 unusually high or low. We are makes/models of passenger cars, trucks, We are not proposing to use test proposing this constraint because we vans, and SUVs were offered for sale. fixtures because we have tentatively recognize it may be difficult or The set of vehicles eligible to be used concluded they may not be sufficient to impossible to design a headlighting as test vehicles will be further limited ensure that an ADB system operates system accommodating such outlier by the height constraint we are satisfactorily in actual use. Using vehicles. The existing Table XIX lower proposing. stationary test fixtures as opposed to beam photometry requirements are such We seek comment on the proposed dynamic actual production vehicles has that low-to-the-ground vehicles may be vehicle selection criteria. Do the criteria the advantage of relative simplicity and subject to glare even by a compliant define a set of stimulus vehicles that is ease of testing. However, the drawback lower beam. We would also constrain so large as to be impracticable or is that it is not realistic. Test fixtures ourselves by not using unusually high unnecessary? If so, in what specific may encourage an ADB system designed vehicles to ease potential testing ways would manufacturers find them to ensure identification of test fixtures burdens on manufacturers. impracticable, or why are they rather than actual vehicles. This may unnecessary (i.e., how could the Agency not adequately ensure that the system Summary be confident that glare prevention could We tentatively believe this broad be adequately ensured with a smaller set 83 SAE J3069 5.5.2 and Figures 1 and 2 (opposing vehicle fixture); 5.5.3 and Figures 3 and 4 range of stimulus vehicles is reasonable of possible stimulus vehicles)? Are the (preceding vehicle fixture). to adequately ensure that an ADB alternative criteria mentioned above 84 SAE J3069, p. 3. system functions robustly and avoids preferable, and if so, why? Are there 85 SAE J3069, p. 3. glaring other drivers; we are concerned other vehicle selection criteria that 86 SAE J3069, p. 4.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51783

performs satisfactorily when faced with would likely reduce test variability. outside the vehicle, forward of the a wide range of different vehicles However, we tentatively believe that the windshield and rearward of the equipped with lighting differing from variability attributable to the proposed headlamps. Measuring headlight the test fixtures. In addition, to the procedure would be within acceptable illuminance in front of the windshield extent that test fixtures differ in limits considering the previously is consistent with the proposed glare appearance from actual vehicles, an described necessity of vehicle-level limits; they are derived from the current ADB system would have to be testing as demonstrated by NHTSA’s glare test points, which apply to light programmed to recognize them, which research. As discussed below in Section coming from a headlamp and do not in practice might make it difficult to VIII.c, the variability the Agency take into account effects related to the tune out non-vehicle objects confronting observed in the test results between a windshield glass. If the photometer the system in actual use. Regarding stationary lower beam and a moving test were placed behind the windshield, test gradients in typical headlamp beam vehicle lower beam (most applicable in results might depend on properties of patterns, we tentatively believe this will the straight approach maneuver) seemed the windshield, which is undesirable only affect the repeatability of the test to primarily be caused by the moving because the purpose of the test is to if the reaction by the ADB system test vehicle not the moving stimulus measure ADB system performance. changes based on this difference. If this vehicle. With respect to the lateral and vertical is the case, the ADB system will have 3. Photometer Placement positions of the photometer(s), we are this issue in actual use, and this should proposing specifying a range of not be considered variability The photometer measures the amount permissible positions. attributable to the test, but a failing of of light cast by the ADB test vehicle With respect to the lateral position of the ADB system. falling on the stimulus vehicle. Our the photometer, we propose locating the We are also not necessarily confident general approach is to place the photometer anywhere from the that stationary fixtures with lamps photometer 87 near where the driver’s longitudinal centerline of the stimulus represented as specified in SAE J3069 eyes would be (to measure glare to vehicle over to and including the represent a worst-case scenario. Some oncoming vehicles) or near where light driver’s side A-pillar. ADB systems may have more difficulty would strike an inside or outside With respect to the vertical position of detecting moving dim lights or moving rearview mirror (to measure glare to the photometer, we propose placing it lights spaced a certain width apart. The preceding vehicles). anywhere from the bottom of the Agency welcomes any data relating to a. Oncoming Vehicles windshield to the top of the windshield, this. In addition, we seek comment on subject to an upper bound and a lower the extent to which narrowly defined Here the approach is to measure light bound. These upper and lower bounds, lamps can be used to establish cast near where the driver’s eyes would which differ based on vehicle performance requirements that be. Below we explain our proposal, as classification and weight, are set out in reasonably ensure an ADB system will well as several alternatives. the proposed regulatory text and are recognize and adapt appropriately to the reproduced in Table 4. If it is not Proposal wide range of lighting configurations possible to place a photometer on a permitted under FMVSS No. 108. For We propose to specify the position of candidate measurement stimulus instance, the minimum intensity photometers with respect to the X, Y, vehicle so the photometer was both allowed for a taillamp is 2.0 cd at H–V and Z coordinates 88 (i.e., the between the top and bottom of the and as low as 0.3 cd at an angle of 20 longitudinal, lateral, and vertical windshield and within the applicable degrees. These values are considerably placement of the photometers). With range in Table 4, then that vehicle lower than the 7.0 cd lamp specified in respect to the longitudinal position, we would not be eligible for use as a SAE J3069. Using stationary test fixtures propose to mount the photometer(s) stimulus vehicle.

TABLE 4

Height range (m) Vehicle classification/weight Mean Lower bound Upper bound

Passenger Cars ...... 1.11 1.07 1.15 Trucks, buses, MPVs (light) ...... 1.42 1.26 1.58 Trucks, buses, MPVs (heavy) ...... 2.33 1.99 2.67 Motorcycles ...... 1.43 1.30 1.66 ‘‘Light’’ means vehicles with a GVWR of 10,000 lb. or less. ‘‘Heavy’’ means vehicles with a GVWR of more than 10,000 lb. Heights are meas- ured from the ground.

87 Or, perhaps more accurately, photometric discussion in this document simply refers to the addition, we may use multiple photometers or receptor heads, if, for example, the photometer is ‘‘photometer’’ to refer to the test equipment used to receptor heads simultaneously. configured with multiple receptor heads, as was the detect the light emitted from the ADB system. In 88 See SAE J1100 FEB2001, Motor Vehicle case in NHTSA’s testing. For ease of exposition, the Dimensions.

VerDate Sep<11>2014 21:18 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51784 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

The ranges for passenger cars and The height range for motorcycles was are proposing an upper bound on light trucks, buses, and MPVs are from determined as follows. The opposing photometer placement to limit the a 1996 University of Michigan motorcycle test fixture specified in SAE conceivable test locations; we also do Transportation Research Institute J3069 locates the photometer coincident not anticipate ADB systems would (UMTRI) study estimating mean driver’s with the rider’s eye point, 1.3 m above produce high levels of illumination at eye heights based on a sample of high- the ground. This appears to have been heights above the ranges we are sales volume vehicles and drivers.89 The based on the 5th percentile motorcycle proposing. At the same time, we believe range for heavy trucks, buses, and MPVs rider eye height of 1.35 m reported in a two-standard deviation range captures is from a 1990 study based on a sample a study that examined motorcycle rider enough variation to require the design of of heavy goods vehicles in a 1989 eye heights in Malaysia.92 We propose robust ADB systems. We also believe roadside survey in the United this as the lower bound for the vertical specifying these bounds will ensure Kingdom.90 The ranges we are height of the photometer. For the upper tests are not unduly stringent. If a proposing are the two standard bound, we propose using 1.66 m, which candidate stimulus vehicle is such that deviation ranges.91 These are consistent is based on a two-standard deviation there is no position between the top and with the photometer heights specified in range.93 bottom of the windshield that would be SAE J3069 for the opposing vehicle We tentatively believe that the within these bounds, then that vehicle fixtures. SAE J3069 specifies heights of proposed specification for the would not be eligible for use as a 1.1 m and 2.2 m for the photometers placement of the photometers meets the stimulus vehicle. used to measure oncoming glare to need for safety and is practicable. It We seek comment on the proposed drivers of passenger cars and trucks, defines a bounded area approximating specifications for photometer respectively. While SAE J3069 specifies the location of the driver’s (or rider’s) placement. In particular, we seek eyes. Unlike a specification for an eye a point, not a range, the points it comment on whether the proposed ellipse,94 which defines a smaller area specifies for the passenger car and truck height range is necessary, and if so, more precisely targeting where the driver eye heights are based on the same whether the proposed specification is driver’s eyes would likely be located, means we used to construct the height sound. the larger area we specify provides a ranges for passenger cars and heavy margin for safety and is easier to locate. Alternatives to Proposal trucks/buses. (SAE J3069 does not Given that ADB is currently designed to We also considered alternative distinguish between heavy and light shade an entire approaching or procedures for determining the lateral trucks, and appears to use a mean for preceding vehicle, we believe focusing and/or vertical position of the truck driver eye height that is a slight on a small area such as that of an eye photometer(s) to measure oncoming downward adjustment of the heavy ellipse is not necessary. Instead, ‘‘the glare. We discuss these below. Note that truck mean reported in the Cobb study). expectation is that ADB will reduce any these are not alternatives for glare producing light toward and on the determining the longitudinal position of 89 Michael Sivak, et al. 1996. The Location of full width of opposing and preceding the photometer. In addition, for all of Headlamps and Driver Eye Positions in Vehicles Sold in the U.S.A. UMTRI–96–36. University of vehicles, thereby providing benefit to all these alternatives, the vertical position Michigan, Transportation Research Institute, p. 9. occupants in the vehicle.’’ 95 However, of the photometer(s) would be subject to 90 J. Cobb. 1990. Roadside Survey of Vehicle we propose to subject the vertical the upper and lower bounds proposed Lighting 1989. Research Report 290, Department of placement of the photometer to a lower above. Transport, Transport and Road Research Laboratory (cited and discussed in Michael Sivak, et al. 1991. bound because we recognize it may be Alternative 1 The Influence of Truck Driver Eye Position on the difficult to design an ADB system to Effectiveness of Retroreflective Traffic Signs. prevent glaring extremely low-riding We considered specifying the lateral UMTRI–91–35. University of Michigan, vehicles with correspondingly low and vertical position of the photometer Transportation Research Institute, p. 8.). driver eye heights; we recognize that by using a test procedure based on that 91 The American Association of State Highway currently used to locate the approximate and Transportation Officials (AASHTO) uses because of the low height, even an similar values for driver’s eye height for measuring FMVSS No. 108-compliant lower beam eye position of a 50th percentile male in sight distances. A Policy on Geometric Design of might glare such a low-riding driver. We compliance testing for the FMVSS No. Highways and Streets. 2011. AASHTO (hereinafter 111 rear visibility field of view and ‘‘AASHTO Green Book’’). It recommends 1.08 m for 92 image size requirements. FMVSS No. passenger vehicles and 2.33 m for large trucks (and Seyed Davoodi et al. 2011. Motorcycle notes a range of 1.8 to 2.4 m for large trucks). Id. Characteristics for Sight Distance Investigation on 111 requires, among other things, a pp. 3–14. The AASHTO values are based on a 1997 Exclusive Motorcycle Lanes. Journal of visual display of an image of an area study by the Transportation Research Board, which Transportation Engineering, 137(7): 492–495. behind the vehicle and specifies certain 93 estimated the values for passenger cars, Specifically, this is based on the mean of 1.43 requirements for the image. The field of multipurpose vehicles, and heavy trucks. Daniel B. m reported in Davoodi et al and the standard Fambro, et al. 1997. NCHRP Report 400: deviation reported in another paper (.117 m). See view and image size test procedures Determination of Stopping Sight Distances. Terry Smith, John Zellner & Nicholas Rogers. 2006. locate where eyes of a typical driver Transportation Research Board, National Research A Three Dimensional Analysis of Riding Posture on would be. More specifically, they locate Council, National Cooperative Highway Research Three Different Styles of Motorcycle. International the midpoint of the eyes of a 50th Program. The driver eye height values used by Motorcycle Safety Conference, March 2006. This AASHTO for passenger cars and large trucks appear paper compares the riding posture (using percentile male. The test procedure to be the 10th percentile values reported in the anatomical landmarks) of a sample of human test specifies the eye midpoint by using the NCHRP report for passenger cars and heavy trucks, subjects to the posture of the Motorcycle H-point as a point of reference. The H- respectively. NCHRP Report 400, pp. 44–45 (Tables Anthropometric Test Dummy (MATD). The paper reports, among other things, the standard deviation point is used in several other NHTSA 31 and 33). The mean values in the NCHRP report 96 are 1.15 m (passenger cars), 2.45 m (large trucks), of the vertical location of the test subjects’ left standards and represents a specific and 1.48 m (MPVs). Since these estimates are based infraorbitale (a point just below the eye) relative to landmark near the hip of a 50th on a dynamic road survey conducted (largely) in the infraorbitale of the MATD of .117 m. In other percentile adult male positioned in a 1993, they are based on older vehicles than the MY words, the study reports the standard deviation of vehicle’s driver seat. It has been used by 1996 vehicles surveyed by UMTRI. The heights the vertical location of the infraorbitale relative to found by UMTRI are lower than in the NCHRP a fixed point. NHTSA as well as other organizations in report; this is consistent with the observation that 94 SAE J941, Motor Vehicle Drivers’ Eye driver eye heights have tended to decrease over Locations. 96 See, e.g., FMVSS No. 208, S10.1; FMVSS No. time. See AASHTO Green Book, p. 3–14. 95 SAE J3069, p. 3. 210, S4.3.2.

VerDate Sep<11>2014 21:18 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51785

the context of visibility measurement. Alternative 2 directly adjacent to the mirror’s SAE J826 JUL95 defines and specifies a As another alternative for specifying reflective surface. To measure glare on procedure, including a manikin (‘‘H- the lateral and vertical position of the the inside rearview mirror, we propose point manikin’’), for determining the photometer(s), we considered obtaining placing the photometer on the outside of exact location of the H-point in a from the manufacturer of the stimulus the rear window, laterally and vertically vehicle; it specifies the H-point in vehicle the coordinates of the midpoint aligned with the interior mirror. We are relation to the hip location of a driver of the 50th percentile male’s drivers’ not proposing more detailed procedures in the driver seating position. The rear eyes. We believe most vehicle for placing the photometers because the visibility test procedure uses the J826 manufacturers would have this locations of the mirrors themselves manikin and procedure to locate the H information and could supply it to largely determine the placement of the point. It then uses anthropometric data NHTSA. The purpose of this would be photometer, and we do not expect test from a NHTSA-sponsored study of the to save the Agency time in doing the results to be affected by small variations dimensions of 50th percentile male test, perhaps if an H-point machine in the placement of the photometer. We drivers 97 to locate the midpoint were not readily available. While there seek comments on this aspect of the between the driver’s eyes.98 In practice, would be some difference between the proposal. a testing laboratory typically uses an H- photometer location compared to 4. Photometers and Photometric point manikin fitted with a camera Alternative 1, we believe such relatively Measurements small changes would not meaningfully (which is needed for the field of view We propose that in compliance affect test outcomes. If a manufacturer and image size tests) positioned at the testing, NHTSA would use a sampling desired to conduct testing following driver’s eye midpoint. rate of at least 200 Hz when recording NHTSA’s test procedures, it could use a We considered a simplified version of test data. We would sample over all the stimulus vehicle it manufactures, or, if this procedure to determine the distance ranges for which we are it desired to use a stimulus vehicle approximate vertical and lateral proposing a corresponding glare limit. manufactured by another manufacturer, position (the Z and Y coordinates) of the Illuminance meter and data acquisition it could potentially obtain information equipment would be configured and any expected eye position of a 50th from the manufacturer of that vehicle. percentile male driver. The driver’s seat necessary steps would be taken to positioning test procedure in S14.1.2.5 Alternative 3 isolate measurement of the light emitted and part of the test reference point We also considered, as an alternative by the ADB test vehicle. We seek procedure (S14.1.5(a)) in FMVSS No. for locating the photometer with respect comment on the appropriateness of this 111 locates the center of the forward- to the Z and Y axes, using SAE J941 minimum sampling rate, as well as looking eye midpoint with respect to the JAN2008, Motor Vehicle Divers’ Eye whether a maximum sampling rate H-point. We considered using the Z and Locations. This document describes a should be specified and, if so, what it Y coordinates of the forward-looking procedure for locating a mid-centroid should be. We also seek comment on eye midpoint to specify the position of driver’s eye ellipse. We tentatively whether there are other aspects of the the photometer in front of the concluded that, for purposes of photometric equipment or windshield. This procedure would compliance testing, J491 would not measurements that should be specified. locate the photometer approximately provide an easy enough to follow For each test run, illuminance data where the eyes of an average male driver procedure; we believed that it would be would be continuously recorded as the would be. Mounting the photometer at easier to use the H-point machine ADB vehicle approached the stimulus different but nearby locations (e.g., a instead. vehicle through the range defined for the specific test scenario being run. This location corresponding to the forward- Alternative 4 inter-vehicle distance is measured from looking eye midpoint of a 5th percentile the intersection of a horizontal plane female) would add additional testing As a final alternative for locating the through the headlamp light sources, a burden while likely not affecting the photometer laterally, we considered vertical plane through the headlamp outcome of the test. This alternative test specifying the test procedure such that NHTSA could place the photometer light sources and a vertical plane procedure would appear to be through the vehicle’s centerline to the practicable. The H-point machine is a anywhere from the driver’s side A pillar up to and including the passenger side forward most point of the relevant fairly standard piece of laboratory test photometric receptor head mounted on equipment used in other FMVSS and A-pillar. This would give an extra margin of safety with respect to glare the stimulus vehicle. SAE standards. Compared to the In determining the set of recorded proposed test procedure, there would directed at the driver and would also ensure passengers are not glared. Or, illuminance values we would look at likely be some additional work involved within each distance interval to in positioning the manikin, but this may photometers could be positioned at the geometric center of the windshield, determine compliance, we propose to not add an exceptional amount of cost which would limit the range of testing. use the recorded values starting with or time to the test, particularly if the We seek comment on the desirability (and including) the first recorded value laboratory performing the test already of each of these options, whether we up to and including the last recorded had an H-point machine. This should adopt one, or multiple options, illuminance value in each distance alternative might be preferable to the and the relative merits of each. range. Any recorded illuminance values proposed option if it were determined in a distance interval greater than the ranges utilized by the proposed option b. Preceding Vehicles applicable glare limit for that distance did not have a sound basis. For preceding vehicles, the safety would be considered a test failure, concern is the ADB system could glare provided the value is not a small spike. 97 L.W. Schneider, D.H. Robbins, M.A. Pfliig, & the driver by shining excessive light Values above the applicable glare limit R.G. Snyder. 1985. Anthropometry of Motor Vehicle onto the inside or outside rearview lasting no longer than 0.1 sec. or over Occupants; Volume 1-Procedures, Summary Findings and Appendices. National Highway mirrors. To measure glare on the outside a distance range of no longer than 1 m Traffic Safety Administration, DOT 806 715. rearview mirrors, we propose placing would not be considered test failures. 98 See generally 75 FR 76232. the photometer anywhere against or This allows for electric noise in the

VerDate Sep<11>2014 21:10 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51786 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

photometers as well as momentary pitch We are also proposing the test only be Agency initially adopted the design to changes of the test and stimulus conducted on dry pavement as well as conform language, and it may be vehicles caused by bumps in the test pavement that is not bright white to arguable whether the Agency would track. avoid intense roadway reflections. come to the same conclusion were it to The proposal differs from SAE J3069. Nevertheless, some degree of ambient revisit this issue. Such matters are For purposes of determining whether an light is unavoidable. Accordingly, in beyond the scope of this rulemaking. ADB system complies with the glare testing compliance the Agency will zero We simply note that we are proposing limits, SAE J3069 considers only the photometers with the stimulus to extend the design to conform illuminance values recorded at vehicle’s headlighting system on and language of the current FMVSS No. 108 distances of 30, 60, 120, and 155 meters, the stimulus vehicle in the orientation to the proposed requirements. instead of sampling multiple it will be during the test (for example, There are other adjustments to the illuminance values within these facing east). If the test involves a curve measured illuminance values we could distance ranges.99 Because an oncoming such that the orientation of the stimulus potentially make, but we have or preceding driver could be glared vehicle changes during the test, the tentatively decided not to propose. anywhere from 15 m to 220 m, and photometers will be zeroed in the NHTSA requests comment on the because the real test of an ADB system’s direction of the maximum ambient light. following: performance is how it operates over the There are more finely grained ways to • Should pitch correction be full distance range within which it may measure ambient illumination. For addressed directly, or are the be glaring other drivers, we tentatively driving scenarios in which the stimulus momentary spike provisions enough to conclude it is necessary to sample vehicle is moving, we could, for meet the goals of this rulemaking? illuminance values throughout this full example, dynamically measure ambient • SAE J3069 allows a 2.5 sec reaction range, and not simply evaluate ADB illuminance by driving the stimulus time (i.e., a glare limit may not be system performance at the four distance vehicle over the test course and exceeded for more than 2.5 sec), points at which the derived glare limit continuously recording ambient motivated by the ‘‘sudden appearance of changes. Because we are sampling illuminance over this run. We have an opposing or preceding vehicle due to illuminance within these ranges, there tentatively decided this would be a cresting a hill, a vehicle entering a is no need to use interpolation. The unnecessary because we are not roadway, etc.’’ Should the Agency Agency would look only at these proposing to use any roadway consider such a reaction time recorded values and not interpolate any illumination. We do not anticipate requirement in the regulation? values in evaluating compliance. We ambient illumination will vary • Should the Agency specify specific seek comment on these aspects of the significantly at different points on a test photometry equipment and/or filtering proposal, in particular on whether there course section used for a particular based on the test vehicle’s light source are any safety impacts in choosing the driving scenario. We have tentatively technology? Should the Agency specify proposed test over the SAE approach. decided there is no need to further different equipment to test HID, adjust the measured illuminance values halogen, LED, or pulse width modulated iii. Considerations in Determining to account for reflected light from the headlamps? Compliance With the Derived Glare ADB headlights. Limit Values We note that FMVSS No. 108 is iv. Additional Test Parameters The lower beam photometric test unusual among the FMVSSs because it 1. Test Scenarios points in Table XIX of FMVSS No. 108, requires that lighting equipment be ‘‘designed to conform’’ to relevant We are proposing a variety of different from which the proposed glare limits scenarios the Agency would be able to are derived, apply to direct illumination requirements, as opposed simply to comply with relevant requirements. As run to test for compliance. Scenarios from a headlamp. They do not include would be specified in the regulatory ambient light or reflected light from the we have explained in the past, when NHTSA initially proposed in 1966 that text. For each scenario, we specify road surface or signs. Ambient light speeds of the ADB and stimulus test refers to light emitted from a source lamps ‘‘comply’’ with FMVSS No. 108, industry represented that it could not vehicles, the radius of curvature of the other than the ADB system. This track, the superelevation, the orientation includes moonlight, light pollution from manufacture every lamp to meet every single test point without a substantial of the ADB and stimulus test vehicles, nearby buildings, or light coming from and the particular vehicle maneuver the stimulus vehicle. Reflected light cost penalty unjustified by safety. NHTSA accepted this argument. In tested. Values proposed for speed, refers to light from the ADB vehicle’s radius of curvature, and superelevation headlights reflected off the road or other adopting the standard, the Agency specified that lamps be designed to are consistent with a standard formula surface into the photometer(s) on the comply or designed to conform with the used in road design specifying the stimulus vehicle. relationship between these parameters. We propose to account for light from applicable photometric specifications. On a number of occasions since, The formula, referred to as the these sources in a couple of ways. To simplified curve formula, is minimize ambient light, we propose that NHTSA has stated that it will not consider a lamp to be noncompliant if testing occur when the ambient its failure to meet a test point is random illumination recorded by the and occasional. Thus, historically, there photometers is at or below 0.2 lux.100 has never been an absolute requirement where f is the coefficient of friction, V that every motor vehicle lighting device is the vehicle speed, R is the radius of 99 If there is no illuminance value recorded at a 102 specified distance, SAE J3069 specifies an meet every single photometric test point curvature, and e is superelevation. interpolation procedure to generate an illuminance to comply with Standard No. 108.101 The proposal specifies vehicle speeds value at that distance. Lighting equipment design, technology, of up to 70 mph, depending on whether 100 See SAE J3069 at 5.5.2.1, 5.5.3.1 (‘‘No other and manufacturing have evolved and the test track is straight or curved (and vehicle lighting devices shall be activated or any retro-reflective material present and care should be advanced since the late 1960’s when the how tight the curve is). We propose to taken to avoid other sources of light, reflected or otherwise.’’). 101 See 62 FR 63416 (Nov. 28, 1997). 102 AASHTO Green Book, pp. 3–19 to 3–20.

VerDate Sep<11>2014 21:10 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.001 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51787

use speeds up to 70 mph when testing lane and would not change lanes. For scenarios may have led to less on a straight track. We believe an upper each of these types of maneuvers, we confidence in the repeatability of test limit of 70 mph is reasonable because specify the stimulus vehicle speed, ADB results. In any case, we tentatively freeways and other arterials frequently vehicle speed, radius of curvature (if believe that the proposed set of have speed limits this high. We believe testing on a curve), and superelevation scenarios is sufficient to provide a that for an ADB system to operate at a with which the Agency may test. minimum level of safety; they include a sufficient level of safety it should be The proposal differs significantly broad range of actual vehicles on a test able to operate at these speeds, both from SAE J3069 in several respects. track traveling at (up to) highway because these speeds are typical of real- First, as discussed above in Section speeds, on curved and straight road world driving, as well as because safety VIII.b.ii, we are proposing to test with segments. concerns regarding glare are magnified actual vehicles and not simply test At the same time, we tentatively at higher speeds. fixtures. Second, this proposal conclude that the scenarios we are We propose using a straight track or effectively tests at higher speeds than proposing are practicable, although a track with a radius of curvature from SAE J3069. SAE J3069 specifies a some scenarios might be challenging for 320–380 ft. (for vehicle speeds of 25–35 minimum speed (above the ADB some ADB systems. The Agency’s mph); 730–790 ft. (for vehicle speeds of activation threshold speed) but does not testing indicated that the ADB systems 40–45 mph); and 1100–1300 ft. (for specify maximum speed. Because some we tested generally performed well on speeds of 50–55 mph). The first range of of the proposed testing scenarios straight roads, for oncoming and radius of curvature corresponds to employ a moving stimulus vehicle as preceding glare.103 However, we did see (approximately) the smallest radius of well as a moving ADB vehicle (at speeds some exceedances for a stationary curvature appropriate for a vehicle of up to 70 mph for both), the proposal stimulus vehicle in this scenario, traveling 25–35 mph; these speeds would require a faster reaction time suggesting a stationary oncoming roughly correspond to the minimum from ADB systems (and, as discussed vehicle may be more difficult for ADB speed for which we propose to allow earlier in Section VIII.b.iii, we systems we tested to handle.104 ADB ADB activation. The second range of tentatively decided not to include a systems also generally performed well radius of curvature roughly corresponds reaction time allowance). Third, the in shading preceding vehicles on to the higher ADB minimum activation proposed test scenarios include curves. curves. We observed that ADB systems speeds of some of the ADB-equipped SAE J3069 specifies a straight track and we tested had difficulties staying within vehicles the Agency tested. Finally, to accounts for curves by specifying test the glare limits on curves for oncoming evaluate ADB performance at higher fixtures up to two lanes to either side of vehicles.105 It may be that on a curve the speeds, we are proposing an 1100–1300 the ADB test vehicle, so that ‘‘in a stimulus vehicle coincides with larger ft. radius taken at 50–55 mph. We straight-line encounter, an ADB must horizontal angles of the beam pattern tentatively believe it is important to continuously track the angular location where the intensity of light may be include actual curves because curves of an opposing vehicle as that angular higher. Accordingly, it may be possible may present engineering challenges to position becomes progressively further to design headlamps so the intensity of ADB systems. For example, in oncoming from the center of the camera’s field of light at these wider angles is brought situations, a curve presents an view with decreasing distance to the down to the proposed glare limits. engineering challenge in that the opposing vehicle.’’ We tentatively Additionally, it might also be the case opposing vehicle appears from the edge believe it is important to test on curves that ADB systems experiencing test of the field of view at a close distance; because the safety effect of glare could failures are not able to view, classify, in a tight curve, an oncoming vehicle be magnified when a vehicle is and adapt to an oncoming vehicle will enter the camera field of view at a travelling at speed on a curve. In through a curve in a realistic high-speed closer distance than in a larger-radius addition, the Agency’s testing revealed interaction. The Agency’s research curve. Performing adequately on large- that existing ADB systems may not included testing on various curves, but radius curves at relatively high speeds always appropriately shade oncoming of particular applicability to this presents a slightly different engineering vehicles in curves; we believe it is proposal are tests conducted on a curve challenge than performance on tight important to include this scenario to with a radius of 764 ft. at 62 mph. As curves at lower speeds. ensure that ADB systems operate safely. shown in the research report graphs,106 We also propose superelevation (i.e., We seek comments on these differences, the ADB systems we tested were unable the degree of banking of the track) of 0 including the safety impact of adopting to react fast enough to avoid providing to 2%. We attempt to minimize the the proposed test versus the SAE glare well above the same vehicles’ degree of banking because photometry standard. lower beam. As part of this proposal, the design as well as the existing and The Agency has tentatively concluded Agency considered the real-world derived glare limits are based on flat that these proposed test scenarios are significance of this situation and surfaces. objective and strike a reasonable balance recognized 62 mph is unusually fast for We are proposing three basic between safety and practicability. The this radius of curvature. Accordingly, maneuvers for testing compliance. proposal includes realistic vehicle the Agency is proposing a lower speed These are oncoming (where the ADB speeds, interactions, and road (40–45 mph), which more adequately and stimulus vehicles approach each geometries. We believe it is not reflects the typical speed most drivers other traveling in opposite directions); unreasonable to expect an ADB system would approach this type of curve. same direction/same lane (where the to avoid glaring other motorists in these We found that some vehicles stimulus vehicle precedes the ADB scenarios. We considered, but are not performed well in all passing maneuver vehicle in the same lane); and same proposing, a broader set of scenarios scenarios, while other vehicles did not direction/passing (where the stimulus and/or test parameter values (e.g., perform as well in certain passing vehicle begins behind the ADB vehicle, additional radii of curvature, testing in the adjacent lane, and then passes the with multiple stimulus vehicles). This 103 ADB Test Report, p. 172. ADB vehicle from either the left or the would have allowed the Agency to test 104 Id. at p. 102. right). During each of these maneuvers, with a greater degree of realism. 105 Id. at p. 173. each vehicle would be driven within the However, a broader range of test 106 Id. at p. 192 (Fig. 84).

VerDate Sep<11>2014 21:10 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51788 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

scenarios (for example, the Audi 20 mph on up; 111 because these roads the proposed range better reflects the produced high levels of glare in straight generally provide enhanced mobility, it range of lane widths on roads where and right curve passing maneuvers).107 is reasonable to believe speeds are ADB would likely be used. The less the We found that the ADB systems generally higher than this. Design lateral separation between the ADB- generally performed well with respect to speeds for local roads are generally equipped vehicle and either oncoming oncoming motorcycles, but produced lower, ranging from about 20 to 30 or preceding vehicles, the greater the excessive glare in a scenario involving mph.112 ADB systems are typically glare risk (although differences in lateral a preceding motorcycle.108 designed to activate at speeds above separation of only a couple of feet may There are some common scenarios we typical city driving speeds; activation not be expected to have a material effect considered but are not proposing to test speeds of vehicles tested by NHTSA on the amount of glare). At the same because we recognize that current ADB ranged from 19 to 43 mph. Thus, ADB time, we do not believe it is necessary systems could not reasonably be systems could conceivably be used on to use lanes narrower than 10 feet expected to perform well, or they might all types of roads, although ADB would because at the speeds at which ADB is be difficult to specify to ensure be less likely to be used on local roads operational, lane widths would not, repeatable results. For example, the (at least in urban settings). typically, appear to be under 10 feet. proposal does not include testing ADB While 12-foot lanes are standard on Narrower lanes might also affect the performance when approaching a arterials such as interstates and safety of running the test. vehicle at an intersection oriented expressways, a sizeable proportion of 3. Number of Lanes, Median, and Traffic perpendicular to the ADB vehicle’s collectors and local roads (as well as Barriers direction of travel. 109 We have other types of arterials) have narrower tentatively decided not to include this lanes. Arterials and collectors together We propose to test using two adjacent scenario because NHTSA’s testing make up approximately one-third of all lanes. The effects of glare decrease as indicated that existing ADB systems roadways.113 About 55% of arterials and the angle between the glare source and would have a difficult time complying collectors have 12-ft. lanes.114 However, the observer increases. Accordingly, the with this, and we believe the magnitude about 33% have 10 or 11 ft. lanes.115 glare risk is most acute on 2-lane and effect of glare in this situation Local roads account for approximately roads.119 A properly-functioning ADB would be relatively minimal because the two-thirds of all roadways.116 Local system should be capable of detecting vehicle illuminated by the ADB system road widths generally range from 8 to 10 and not glaring vehicles in non-adjacent would be stopped or preparing for a ft.117 NHTSA’s testing was conducted lanes. However, we tentatively conclude stop. Examples of other scenarios not on several different track configurations that if a system detects and avoids proposed are testing with multiple with lane widths of 9, 10.5, and 12 feet. glaring in same lane and adjacent lane stimulus vehicles; performing more We tentatively believe using lanes scenarios, additional lanes will likely complicated vehicle maneuvers; and with widths from 10 feet to 12 feet not affect test outcomes. A median of 0 performing on dips or hills (this is would be adequate to cover a sufficient to 20 feet may separate the two lanes. discussed below in Section VIII.b.iv.5). range of road widths the ADB would The median may include a barrier wall, We seek comment on all aspects of encounter in the real world. This would but the barrier must not be taller than the proposed test scenarios. Is 70 mph allow lanes narrower than specified in 12 inches less than the mounting height an appropriate maximum speed? Will it SAE J3069, which tests on a 12 foot of the stimulus vehicle’s headlamps. lane, but is consistent with the be practicable for manufacturers to run 4. Road Surface compliance tests based on these Insurance Institute for Highway Safety proposed test procedures, if they so headlight testing protocol, which uses a We propose that the road surface be 118 choose to do this as a basis for their lane of 10.8 ft. We believe that using of any material (e.g., concrete, asphalt, certification? etc.) but shall not be bright white. 111 AASHTO Green Book, p. 6–2 (rural collectors); Avoiding a bright white road surface 2. Lane Width AASHTO Green Book, p. 6–11 (urban collectors); will assist in limiting the effects of HFCC p. 43 (arterials); AASHTO Green Book, p. 7– We also propose that any test track or 2 (rural arterial); AASHTO Green Book, p. 7–27 ambient and reflected light. road we use have a lane width from 10 (urban arterial). Various speed ratings can be used We follow SAE J3069 and specify that feet to 12 feet. The Federal Highway to describe a road—e.g., operating speed, running the road surface have an International speed, speed limit, and design speed. The Administration classifies roads by Roughness Index (IRI) of less than 1.5 discussion here focuses on design speed, which is 120 functional types: Arterials, collectors, ‘‘a selected speed used to determine the various m/km. The IRI is an internationally and local roads.110 Design speeds on geometric design features of the roadway . . . [and] recognized measure of road surface arterials and collectors range from about should be a high-percentile value in this speed roughness; the lower the IRI value, the distribution curve[.]’’ AASHTO Green Book, pp. 2– smoother the road, with an IRI of 0 54 to 2–55. 107 Id. at p. 173. 112 AASHTO Green Book, p. 5–2 (rural local); p. corresponding to a perfectly smooth 108 Id. at p. 173. 5–11 (urban local). road. A smooth road is important for the 109 ADB Test Report, p. 110. 113 Highway Statistics 2014. Department of proposed test because an uneven road 110 See Highway Functional Classification Transportation, Federal Highway Administration, surface can cause the ADB-equipped Concepts, Criteria, and Procedures, Federal available at https://www.fhwa.dot.gov/ vehicle to change pitch, which can lead Highway Administration (hereinafter ‘‘HFCC’’), policyinformation/statistics.cfm, Table HM–220 available at https://www.fhwa.dot.gov/planning/ (miles); Table HM–260 (lane-miles). All citations to to anomalies or spikes in the processes/statewide/related/highway_functional_ tables are from this edition of Highway Statistics. illuminance measurements.121 This classifications/fcauab.pdf. Arterials (such as We consider arterials and collectors together and could lead an otherwise compliant separately from local roads because of the way the interstates and expressways) generally handle headlight beam to exceed the glare longer trips; collector roads collect and disperse data is reported. If the analysis were based on vehicle miles traveled, the result would likely be traffic between arterials and the lower level roads; similar. See HFCC pp. 22–23. 119 and local roads provide access function to homes, 2007 Report to Congress, pp. iv–v. 114 businesses, and other locations. Arterials provide Calculated from Table HM–53. 120 SAE J3069 7.1. relatively high levels of mobility and less access, 115 Calculated from Table HM–53. 121 See John D. Bullough, Nicholas P. Skinner & whereas the opposite is true for local roads, and 116 Calculated from Table HM–220. Timothy T. Plummer. 2016. Assessment of connectors fall in between. Higher levels of 117 HFCC, p. 23. Adaptive Driving Beam Photometric Performance. mobility are generally associated with higher 118 IIHS Headlight Test and Rating Protocol SAE Technical Paper 2016–01–1408, doi:10.4271/ speeds. (November 2016), p. 5 (3.3 m). 2016–01–1408, p. 3.

VerDate Sep<11>2014 21:10 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51789

limits. (The photometry requirements dips.125 It would be neither practical data are useful for other findings but not and the lower beam pattern are based on nor consistent with the approach of this for evaluating repeatability). Finally, a nominally level vehicle headlighting rulemaking (extending the existing these plots allow us to evaluate the system; an increase in vehicle pitch lower beam glare requirements to ADB extent to which the variability within shifts the beam pattern up, which could systems) to require this performance of the test itself can be reasonably glare oncoming or preceding vehicles.) ADB systems. accounted for in the basic design of the An IRI value of 1.5 corresponds to a ADB headlighting system. That is to say, c. Repeatability newly paved road without any potholes, this method allows the Agency to pitting, or bumps.122 The Federal The Agency has collected extensive evaluate the magnitude of noise within Highway Administration classifies roads testing data and is docketing this data. test results as compared to proposed with an IRI less than 1.5 as ‘‘Good,’’ The Agency has done several different limits. The method of visual analysis those with an IRI from 1.5 to 2.7 as analyses of this data to assess the further supports the Agency’s tentative ‘‘Fair’’, and those with an IRI greater repeatability of the proposed conclusion that the proposed test than 2.7 as ‘‘Poor.’’ 123 Approximately compliance test. provides manufacturers with adequate 37% of pavement miles on Federal-aid One method is pooled standard notice as to the results of any highways were rated as having ‘‘Good’’ deviation.126 Same-direction and compliance testing the Agency may ride quality in 2012.124 This suggests oncoming curve scenarios tended to conduct on its product. The Agency the proposed IRI value is realistically have the smallest maximum pooled seeks comment on this analysis and achievable on a test track because it is standard deviation values across all four these tentative conclusions. realistically achievable on the much distance ranges. Also, maneuvers The Agency further examined its less-controlled environments of actual involving the stimulus vehicle (also research results to understand the roads. The vehicle test facility at which referred to here as the ‘‘DAS’’ vehicle) validity of the tests. This examination is NHTSA conducted its testing regularly being stationary tended to have smaller part of the basis for which the Agency measures the IRI of at least some of its pooled standard deviations. This was has confidence the proposed tests can track surfaces and has generally found especially true for curve maneuver generate accurate results and adequately them to have IRI values within the scenarios in which the DAS vehicle was distinguish between an ADB system that proposed range. stationary, likely because of the short is likely to expose others to excessive period of time in which the test 5. Grade of Test Road glare and an ADB system that will not. vehicle’s heading was in the direction of Table 5 shows results of NHTSA We propose to use a road the stimulus vehicle. measurements in the baseline (static) approximating a uniform, level road, Another method is visual analysis of condition in which we would expect the with a longitudinal grade (slope) not data plots from each scenario the photometry to be the least influenced by exceeding 2%. We are not proposing to Agency tested.127 These plots uncontrollable factors. This is the most test on sloped (dipped or hilly) roads. demonstrate each run collected data basic progression beyond testing Even headlights with compliant lower such that the overall shape of the curve headlamps outside of the typical beam photometry can glare oncoming or (illuminance as a function of distance) photometric lab used in most regulatory preceding vehicles on sloped roads is consistent across each test repetition. test procedures. As a general because the hill geometry may place In most cases, the deviation between observation, we note the mean of each that vehicle in the brighter portion of data collection runs is small, and for static measurement is below the the lower beam pattern. NHTSA’s those where larger differences occur, proposed glare limits for each distance testing was consistent with this, differences can be reasonably for a lower beam headlighting system. showing ADB headlights and FMVSS- attributable to faulty sensors or lack of We also note the upper beam compliant lower beams glared oncoming rigorous equipment configurations for illumination at 120 meters is higher and preceding vehicles on roads with the particular situation such as the than one would expect for an FMVSS motorcycle photometers were not 122 headlighting system; however, we also Michael W. Sayers & Steven M. Karamihas. mounted on the motorcycle itself but 1998. The Little Book of Profiling, Basic note all four of these vehicles were were on a car positioned nearby (these Information About Measuring and Interpreting Road originally designed to the UNECE Profiles. University of Michigan. p. 48. standard, which allows for considerably 123 2015 Status of the Nation’s Highways, Bridges, 125 ADB Test Report, pp. 102, 108, 114. and Transit: Conditions and Performance, Report to 126 ADB Test Report, pp. 138–146. The pooled higher intensity upper beam headlamps. Congress, Department of Transportation, Federal variance is a weighted mean of variances of Consistent with the information Highway Administration, Federal Transit individual groups, groups in this case being the six provided to us by the vehicle Administration, p. 3–4, available at https:// different test vehicle/stimulus vehicle manufacturer, the Mercedes-Benz and www.fhwa.dot.gov/policy/2015cpr/pdfs.cfm (last combinations. This ignores differences in mean accessed Sept. 26, 2018). values for different groups and compares only the Audi vehicles’ upper beam headlamps 124 Id. p. 3–3. Many states appear to use similar variability within the groups. The pooed standard appear to be within the FMVSS upper categorization. The Virginia DOT considers deviation is the square root of this. Standard beam maximum limit while the other interstates and primary roads with an IRI less than deviations calculated by comparing all values to the two vehicles are likely outside of this .95 to be ‘‘Excellent,’’ and those with an IRI from overall mean are larger because that calculation .95 to 1.6 to be ‘‘Good.’’ Approximately one third includes variability between the groups. The pooled limit. While we were unable to do a of interstates in Virginia were rated Excellent, and standard deviation method of measuring standard laboratory photometry test on half were rated Good. Virginia Department of repeatability measures how well values from one these headlamps, these data provide Transportation. State of the Pavement 2016. pp. IV– repetition to another of the same maneuver compare confidence NHTSA measurements are V, available at http://www.virginiadot.org/info/ to each other for any test vehicle even if the means resources/State_of_the_Pavement_2016.pdf (last for the different test vehicles are different. reasonable. accessed Sept. 26, 2018). 127 ADB Test Report, pp. 147–162. BILLING CODE 4910–59–P

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51790 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

Table 5

Baseline Measured Illuminance Values by Headlighting System Mode and Ambient Conditions (Receptor Head 1),

SmallDAS

AudiA8 BMWX5 LexusLS460 Mercedes-Benz DAS Vehicle Headlighting (n=3) (n=3) (n=2) E350 (n=3) Vehicle System Setting Distance Average Average Average Average Heading SD SD SD SD ADB DAS (lux) (lux) (lux) (lux)

OFF OFF N/A 0.01 0.04 0.00 0.01 0.00 0.00 0.00 0.01 (ambient) (ambient) NW OFF LOWER 0.47 0.03 0.52 0.03 0.49 0.02 0.46 0.01 30m LOWER LOWER 1.41 0.57 2.02 0.06 1.59 0.10 1.74 0.05 (98ft.) LOWER OFF 1.27 0.04 1.51 0.10 1.09 0.08 1.27 0.05 UPPER OFF 31.48* 0.05 31.48* 0.02 31.48* 0.07 31.50* 0.05 60m LOWER LOWER 0.95 0.00 0.88 0.04 0.80 0.02 0.97 0.03 NW LOWER OFF 0.47 0.02 0.37 0.03 0.30 0.02 0.48 0.05 (197ft.) UPPER OFF 30.77* 1.15 31.49* 0.01 31.47* 0.01 22.95 5.50 120m LOWER LOWER 0.71 0.09 0.60 0.03 0.56 0.01 0.64 0.05 NW LOWER OFF 0.26 0.09 0.10 0.01 0.10 0.03 0.15 0.01 (394ft.) UPPER OFF 10.87 0.48 14.83 0.28 16.92 2.75 6.67 1.15 OFF OFF N/A 0.03 0.03 0.12 0.07 0.07 0.07 0.02 0.01 (ambient) (ambient) SE OFF LOWER 0.53 0.03 0.72 0.10 0.59 0.07 0.52 0.03 30m LOWER LOWER 1.73 0.08 1.95 0.22 1.68 0.08 1.83 0.03 (98ft.) LOWER OFF 1.23 0.09 1.41 0.18 1.15 0.08 1.33 0.03 UPPER OFF 31.48* 0.07 31.46* 0.00 31.48* 0.01 31.50* 0.04 60m LOWER LOWER 0.96 0.01 1.00 0.13 0.90 0.07 0.98 0.01 SE LOWER OFF 0.41 0.10 0.47 0.08 0.38 0.06 0.48 0.01 (197ft.) UPPER OFF 28.69 0.56 31.46* 0.00 29.76 1.91 21.20 3.45 120m LOWER LOWER 0.75 0.03 0.74 0.12 0.67 0.06 0.77 0.10 SE LOWER OFF 0.23 0.05 0.21 0.08 0.16 0.07 0.23 0.03 (394ft.) UPPER OFF 10.73 0.31 13.96 1.44 16.91 2.05 6.85 1.05 *Note: Trials averaged to obtain these noted values include at least one instance of measurement clipping

because of raw illuminance level data exceeding the measurement range of the illuminance meter.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4725 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.002 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51791 0% 0% 0% -23% -25% -25% -17% % Diff Benz Beam Not Not Not 1.27 1.27 1.27 0.15 0.15 0.48 0.48 Reported (n=3) Baseline Reported Reported Lower Mercedes- 1.27 1.05 0.98 0.15 0.15 0.36 0.36 2.61 2.27 2.27 (n=3) Dynamic - Vehicle -3% 13% 10% 13% 50% 40% -14% % Diff DAS Dynamic and Small Beam Not Not Not 1.09 1.09 1.09 0.10 0.10 0.30 0.30 Static Reported Baseline Reported Reported Lexus 1 Lower Head 1.67 1.73 1.06 1.23 0.14 0.15 0.33 0.34 0.94 2.19 Maneuvers with (n=3) (n=3) Dynan1ic Receptor Lane by 6% 33% -43% -70% -70% -22% -22% %DitT Adjacent Beam Illuminance Not Not Not 1.51 1.51 1.51 0.10 0.10 0.37 0.37 Curve, 6 BMW Reported Reported Reported Baseline Lower Table Straight, Maximum 1.60 0.86 0.03 0.03 0.29 0.29 2.00 2.58 2.98 2.01 (n=3) (n=3) Dynamic Average Oncoming, -4% -37% -16% -31% -12% -26% -42% % Diff Beam Not Not Not 1.27 1.27 1.27 0.26 0.26 0.47 0.47 Audi (n=3) Reported Baseline Reported Reported Lower 1.63 1.50 1.90 1.07 0.80 0.18 0.23 0.35 0.45 0.74 (n=3) Dynamic Limit 1.776 1.776 1.776 3.109 3.109 3.109 0.281 0.281 0.634 0.634 Glare (lux) 120-239.9 120-239.9 15-29.9 15-29.9 30-59.9 30-59.9 30-59.9 15-29.9 60-119.9 60-119.9 (m) Range DAS SL:enariu Straight, Straight, curves 62mph 62mph mph,ADB mph,ADB Maneuver DAS62 Left, DASO ADB

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4725 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.003 51792 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 6% 2% -1% 33% 60% 46% 29% 247% 213% 287% 227% Not Not Not 1.27 1.27 0.48 0.48 0.48 0.48 0.15 0.15 0.15 0.15 Reported Reported Reported 1.30 1.35 1.26 1.27 0.64 0.77 0.52 0.62 0.70 0.47 0.58 0.49 2.54 2.38 2.44 5% 6% 11% 97% 90% 93% 80% 340% 300% 370% 270% Not Not Not 1.09 1.09 1.09 0.30 0.30 0.10 0.30 0.30 0.10 0.10 0.10 Reported Reported Reported 1.94 1.21 1.14 1.75 1.73 1.16 0.59 0.44 0.57 0.40 0.37 0.58 0.47 0.54 -48% -52% -43% -70% -43% -41% -30% -51% -30% -57% -100% Not Not Not 1.51 1.51 1.51 0.37 0.10 0.37 0.10 0.10 0.37 0.10 0.37 Reported Reported Reported 1.92 1.63 1.79 0.78 0.73 0.21 0.03 0.86 0.22 0.00 0.07 0.18 0.07 0.16 17% 51% 81% 77% 66% 28% 20% 21% -15% 119% 108% Not Not Not 1.27 1.27 1.27 0.47 0.26 0.47 0.26 0.26 0.47 0.47 0.26 Reported Reported Reported 1.93 1.63 1.53 1.08 0.57 0.46 0.78 0.57 0.54 0.71 0.55 0.47 2.28 2.54 1.776 1.776 1.776 3.109 3.109 3.109 0.634 0.281 0.634 0.281 0.281 0.634 0.634 0.281 120-239.9 120-239.9 120-239.9 120-239.9 30-59.9 30-59.9 30-59.9 15-29.9 15-29.9 15-29.9 60-119.9 60-119.9 60-119.9 60-119.9 DAS mph, curves curves curves Omph, 62 62mph 62mph mph mph,ADB mph,ADB mph Right, Right, DAS62 DASO Left, ADB ADB62 ADB62 ADB ADB

Table 6 includes results of the lower measurements when taken through oncoming scenarios, on a curve (right beam headlamp illumination NHTSA dynamic tests including and left), and on a straightaway with the

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.004 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51793

stimulus vehicle moving and stationary. to approach photometers. This second Agency to believe the test is measuring For purposes of examining the validity possibility seems the less likely of the true differences in vehicles’ beam of the proposed test, the Agency first two as dynamic measurements were not patterns even at large angles in the considered results of lower beam testing consistently higher than the baseline curve situation. Additionally, the right only to remove potential variabilities in measurement for that range and curve with and without the stimulus test results from the performance of orientation but similar to the other vehicle moving recorded similar results ADB systems. The most closely measurement ranges. Sometimes the as the left curve with and without the comparable measurements are the baseline measurement was higher, and stimulus vehicle moving for each of the baseline and the straight maneuver as sometimes the dynamic measurements vehicles tested. As such, the Agency the general orientation for these were higher. tentatively concludes the difference situations place the vehicle mounted Curve situations (both left and right) between baseline and curve situations demonstrated a greater difference photometers in similar locations for do not demonstrate variability within between baseline and dynamic tests, each test. We note measurements for the test procedure itself but are caused particularly at the far distance range. dynamic situations differ from the static by variations in beam patterns of test Importantly, the difference did not seem vehicles. Not the topic of this section, in positive and negative ways meaning to be compounded with the stimulus sometimes the dynamic test produces a however, this examination leads the vehicle moving as opposed to Agency to tentatively conclude higher illumination reading, while in stationary. One possible explanation for situations in which these far distance others, it produces a lower illumination the difference between baseline results curves produced glare beyond tentative measurement as compared to the and curve results is the orientation of limits can be designed out of baseline measurement. Also of the two vehicles is different. While for headlamps. significant note, for straight situations, the straight situations photometers are the far distance (120–239.9 m range) in a similar place within the test Considering the confidence produced generally higher percentage vehicles’ headlamp beam pattern, for established in the Agency’s ability to differences between the baseline and the the curve situation the vehicle measure lower beam performance in an dynamic situation. This may be orientation moves the stimulus vehicle outdoor test on-vehicle, the Agency next expected as stray light will have a larger (and mounted photometers) out toward evaluated the performance of the ADB percentage contribution considering the larger horizontal angles of the beam system and evaluated the tests’ ability to smaller base value. Additionally, pattern where the intensity of light measure ADB headlighting systems in a vehicle pitch variation as measured in seems to be higher in three of these test dynamic way. First, we compared angles would have a larger contribution vehicles. The BMW consistently did not oncoming straight results between lower if the lower beam headlamp cutoff were demonstrate this difference, leading the beam and ADB as shown in Table 7.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4725 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.005 51794 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

We expected the straight scenario distance range produced a quotient 2.65 distance range. Interestingly, the would pose the least difficult situation on the BMW, meaning ADB system Mercedes-Benz ADB results were within for the performance of the ADB system results for that range are more than 16% of lower beam results for all ranges itself and allow the Agency to evaluate twice as bright as lower beam results. corresponding to the straight maneuver. the test. As such, we expected ADB This result is, however, a ratio of small This leads the Agency to the tentative results to be similar to lower beam numbers, namely 0.08 divided by 0.03. conclusion favorable ratios between the results for the same maneuver. Table 7 To provide context around these small lower beam and ADB systems are compares the maximum illumination numbers, the research threshold value technically possible, and the test value recorded for lower beam for that range is 0.281 (0.3 as proposed procedure is useful in discerning the headlamps as compared to ADB systems today), much greater than recorded performance of the ADB system in the and presents the quotient of the ADB results for either headlighting system. straight maneuver. divided by the lower beam. Ideally, we The far distance range for the Lexus The Agency research also included would expect the quotient to equal 1. A vehicle produced a ratio of 2.7 meaning the evaluation of more complex value less than 1 identifies results in ADB results are approaching three times maneuvers and scenarios to evaluate the which the ADB is dimmer than the as bright as the lower beam. Unlike ADB performance in situations that are lower beam, while values greater than 1 results for the BMW, the Lexus more likely to challenge the ADB identify results in which the ADB is measurements are not particularly small system’s functionality. Table 8 presents brighter than the lower beam. In general, numbers. In fact, the ADB measurement results of the ADB system’s performance the results indicate the quotient is close for that test was 0.37 lux, which is on the curve maneuver. to 1 with some exceptions. The far above the research threshold for the far BILLING CODE 4910–59–P

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51795

Table 8

Cunce Scenarios

Audi (n=3) BMW (n=3) Lexus (n=3) Mercedes-Benz (n=3)

Lower Quotient Lower Quotient Lower Quotient Lower Quotient Glare ADB ADB ADB ADB Maneuver Range Beam (ADB/ Beam (ADB/ Beam (ADB/ Beam (ADB/ Limit Scenario (m) Illuminance Lower Illuminance Lower Illuminance Lower Illuminance Lower (lux) (lux) Beam) (lux) Beam) (lux) Beam) (lux) Beam)

15- 3.109 1.90 2.05 1.08 2.00 2.22 1.11 2.19 2.24 1.02 2.61 2.77 1.06 ADB 29.9

curves 30- 1.776 1.07 1.22 1.14 0.86 1.00 1.17 1.23 1.32 1.07 1.27 1.42 1.11 Left, DAS 59.9

Omph, 60- 0.634 0.55 1.61 2.92 0.18 0.38 2.14 0.58 0.81 1.41 0.62 1.06 1.71 ADB62 119.9

mph 120- 0.281 0.46 0.50 1.09 0.03 0.07 1.96 0.44 0.49 1.10 0.47 0.59 1.27 239.9

15- 3.109 1.93 2.08 1.08 1.92 2.11 1.10 1.94 1.88 0.97 2.54 2.77 1.09 ADB 29.9

curves 30- 1.776 1.08 1.22 1.13 0.86 0.92 1.07 1.16 1.30 1.12 1.26 1.40 1.11 Left, DAS 59.9

62mph, 60- 0.634 0.57 1.99 3.49 0.21 0.79 3.76 0.59 1.92 3.23 0.64 1.60 2.49 ADB62 119.9

mph 120- 0.281 0.47 0.50 1.07 0.07 0.11 1.48 0.47 0.51 1.07 0.49 0.60 1.23 239.9

15- ADB 3.109 2.28 2.59 1.14 1.63 1.60 0.98 1.75 2.14 1.22 2.38 2.45 1.03 29.9 curves 30- Right, 1.776 1.63 1.61 0.98 0.78 0.77 0.98 1.21 1.21 0.99 1.35 1.39 1.03 59.9 DASO 60- mph,ADB 0.634 0.78 2.95 3.77 0.22 1.24 5.58 0.57 1.64 2.87 0.77 1.14 1.49 119.9 62mph 120- 0.281 0.57 0.65 1.15 0.07 0.14 1.98 0.40 0.42 1.05 0.58 0.89 1.53

VerDate Sep<11>2014 21:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4725 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.006 51796 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

BILLING CODE 4910–59–C the quotient high, the maximum differences shown on curves are true As discussed previously, the lower illumination for that range was reported differences in the ADB performance and beam exceeded research thresholds for as 1.61, 1.99, 2.95, and 3.23 lux as not variability in the test itself. To the long range for all vehicles except the presented in the table above. To put further establish this tentative BMW. Beyond this, several ADB these values in perspective, the research conclusion, the Agency looked at details performance aspects were observed in threshold for that range is 0.634 lux. of the test and plotted the illuminance this test. Again, building on the lower While the lower beam, in some cases, as a function of distance as shown beam performance, the ADB exceeded this threshold, the maximum below. Results for the oncoming curve- performance was evaluated as a quotient exceedance for the lower beam was a left test show the passenger car stimulus of the maximum illumination as measurement of 0.78 over the threshold vehicle and the SUV stimulus vehicle compared to the lower beam for each by just 23% on the Audi. Based on the where both the stimulus vehicle and the distance range. Audi results showed confidence in the Agency’s test, ADB vehicles are moving at 62 mph. high quotients for each of the curve tests established in the previous discussion, for the 60–119.9 m range. Not only is the Agency tentatively concludes BILLING CODE 4910–59–P

VerDate Sep<11>2014 21:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.007 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51797

Figure 2

Figure 3

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4725 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.008 51798 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

BILLING CODE 4910–59–C comply with all applicable FMVSS.128 requirements and SAE J3069. However, By comparing the plots, we can see FMVSS No. 108 also applies to as noted earlier, the ECE requirements the ADB system is providing a full replacement equipment (i.e., equipment are not sufficiently objective to be upper beam (or at least not shading the sold on the aftermarket to replace incorporated into an FMVSS. stimulus vehicle) until suddenly original equipment installed on the Accordingly, the main regulatory recognizing and dramatically lowering vehicle and certified to FMVSS No. 108 alternative we considered is SAE J3069. the glare (at round 70 m for the moving at the time of the first sale to a purchaser In the preceding sections of this passenger car stimulus vehicle and 50 m other than for resale).129 Replacement document we discussed in detail for the moving SUV stimulus vehicle). equipment must be designed to conform specific aspects in which the proposal The sudden lowering of the illuminance to meet any applicable requirements follows and differs from SAE J3069. In appears to happen sooner for the two and include all functions of the lamp it general, there are two major ways in stationary stimulus vehicles. The is designed to replace or capable of which they differ. Agency tentatively considers this replacing.130 Each replacement lamp First, the proposal would require a outcome a byproduct of the ADB which is designed or recommended for more robust and realistic track test to system’s lack of ability to view, classify, particular vehicle models must be evaluate glare. This track test is the and adapt to an oncoming vehicle designed so that it does not take the major element of the proposed rule. It is through a curve at a realistic but vehicle out of compliance with the ultimately based—as is the SAE J3069 generally high-speed interaction. standard when the individual device is track test—on the glare limits developed Further support of this tentative installed on the vehicle.131 A in NHTSA’s Feasibility Study. These conclusion is that for each of the curve manufacturer of replacement equipment glare limits are the foundational element interactions listed above, glare is responsible for certifying that of the track test. The proposal and SAE measurements are higher when the equipment.132 It may be the case that J3069 differ somewhat in the way the stimulus is moving as compared to only the manufacturer of the original proposed glare limits are specified, but when it is stopped for the 60–119.9 m equipment and/or vehicle would be able they are largely similar. The proposal range. to make a good faith certification of differs significantly from SAE J3069, however, in the way that it would test Taken together, these results support ADB replacement equipment because requirements are vehicle-level, not for compliance with these glare limits. the Agency’s tentative conclusion that SAE J3069 specifies testing on a straight the proposed test is repeatable and equipment level. We seek comment on this. portion of road, and instead of using sufficient in its ability to measure ADB oncoming or preceding vehicles, uses performance using a vehicle-based, X. Regulatory Alternatives stationary test fixtures positioned at dynamic test. Further, the Agency precisely specified locations adjacent to tentatively concludes the variability in The two main regulatory alternatives NHTSA considered were the ECE ADB the test track. The proposed test the test is small enough that a procedure would permit the Agency to manufacturer can reasonably anticipate test on curved portions of road (with results of any compliance test the 128 See, e.g. 49 U.S.C. 3015. 129 various radii of curvature) using a broad Agency would conduct if taken into S3.3 (the standard applies to ‘‘[l]amps, reflective devices, and associated equipment for range of actual FMVSS-certified consideration during design stages of replacement of like equipment on vehicles to which vehicles as oncoming or preceding the vehicle and headlighting system. this standard applies.’’). 130 vehicles. S6.7.1.1. Second, the proposal would require IX. Certification and Aftermarket 131 S6.7.1.2. 132 49 U.S.C. 30115; Letter from Stephen Wood, additional laboratory-tested equipment- Motor vehicle manufacturers are Acting Chief Counsel, to George Van Straten, Van level photometric requirements to required to certify that their vehicles Straten Heated Tail Light Co., Inc. (Aug. 11, 1989). regulate both glare and visibility. With

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.009 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51799

respect to glare prevention, we propose prevent glare more effectively, and Asia, it appears that current systems to require that the part of the ADB beam particularly in real-world situations have generally been providing adequate that is cast near other vehicles must not where the other vehicle enters the field illumination. However, we tentatively exceed the current low beam maxima, of view of the ADB camera from the side believe these minimum requirements and the part of an ADB beam that is cast and not from a far distance. We also are necessary. onto unoccupied roadway must not believe that requiring that the part of the A more detailed discussion of the exceed the current upper beam maxima. ADB beam that is cast near other SAE J3069 requires the former but not vehicles must not exceed the current expected likely costs and benefits of the the latter. With respect to visibility, we low beam maxima, and the part of the proposal as compared to SAE J3069 is propose that the part of the ADB beam ADB beam that is cast onto unoccupied provided below in Section XI, Overview that is cast near other vehicles must roadway must not exceed the current of Costs and Benefits. comply with the current lower beam upper beam maxima would provide As an alternative to the proposed minima, and that the part of the ADB further assurance against glare requirements and compliance test beam that is cast onto unoccupied compared to the less stringent SAE procedures, the Agency could more roadway comply with the upper beam specifications. We tentatively conclude closely follow SAE J3069. We earlier minima. SAE J3069 does not have any that the regulatory requirements we are discussed specific ways in which we laboratory-based requirements for the proposing would meet the need for depart from SAE J3069. We could former, and for the latter specifies the vehicle safety and would be sufficient to choose to conform to SAE J3069 with low beam minima, not the upper beam determine whether an ADB system was respect to some or all of these test minima. functioning properly so as not to glare attributes. The major ways the proposal NHTSA has tentatively concluded other motorists. that the differences between the While the bulk of the proposal is could further conform to SAE J3069 proposal and SAE J3069 are necessary to related to glare, and there is reason to would be by using stationary fixtures, ensure the ADB systems meet the dual believe that manufacturers have an instead of moving vehicles, limiting the safety needs of glare prevention and incentive to provide sufficient forward array of road geometries we would test visibility. illumination, we also include a very with, and not requiring the additional NHTSA is particularly concerned limited set of laboratory tests to ensure laboratory-based photometric about ensuring, to a reasonable degree, a minimum level of visibility. NHTSA requirements not also included in SAE that ADB systems do not glare other tentatively believes that the limited set J3069. We could also incorporate SAE motorists. The attraction of ADB is that of proposed laboratory photometric tests J3069 by reference. it is able—if designed and functioning not included in SAE J3069 would We seek comment on the relative properly—to provide enhanced provide important safety assurances. merits of the proposal and SAE J3069 illumination while not glaring other These laboratory-based requirements generally, and the advisability of motorists. However, if an ADB system only require that the ADB complies with conforming to or departing from SAE does not perform as intended, it does the existing photometry requirements J3069 in any of these respects. In have the potential to glare other that ensure that minimum levels of particular, with respect to differences motorists. NHTSA is particularly illumination are provided. We between the proposal and SAE J3069: concerned about this because glare is a tentatively believe that if ADB systems negative externality that might not be did not provide these minimum levels What are the relative merits and sufficiently mitigated by market forces of illumination the driver might not drawbacks of each with respect to the alone. Headlamp design involves an have sufficient visibility. statutory criteria of objectivity, inherent tension between forward At the same time, we tentatively practicability, meeting the need for illumination and glare. A vehicle believe that more stringent requirements safety, and appropriateness for the type manufacturer’s incentive, absent relating to visibility are not necessary. of vehicle? NHTSA is also interested in regulation, might be to provide forward Manufacturers have a market incentive views regarding differences between the illumination at the expense of glare to provide drivers with sufficient proposal and SAE J3069 in terms of the prevention because the benefits of illumination. In addition, if an ADB repeatability of test results. NHTSA is forward illumination are enjoyed by the system is malfunctioning in not also interested in learning whether there vehicle owner, while glare prevention providing adequate illumination, are any other alternatives that should be principally benefits other motorists. vehicle owners can file complaints both considered by the Agency. NHTSA is especially mindful of the with the manufacturer and NHTSA. many comments and complaints This would make it possible for NHTSA XI. Overview of Benefits and Costs NHTSA has received from the public to identify the safety concern, open a NHTSA has considered the qualitative expressing concerns about glare. The defect investigation, and, if the costs and benefits of the proposal. (For proposed regulation is, therefore, largely investigation suggests the ADB system is the reasons discussed in Section XI, focused on glare. This is consistent with defective, require the OEM to recall and Overview of Benefits and Costs, NHTSA the current headlamp regulations, remedy the vehicle. This is largely not which have included photometry the case for glare, because a motorist has not quantified the costs and benefits requirements regulating glare since the who is glared by another vehicle is of the proposal.) NHTSA has analyzed standard’s inception. rarely able to identify that vehicle and the qualitative costs and benefits of the NHTSA tentatively believes that the submit a complaint. Moreover, we proposal compared to both the current proposed requirements are preferable to believe potential safety benefits of ADB baseline in which ADB systems are not SAE J3069. The proposed track test technology justify focusing on what we deployed as well as the primary would require that ADB systems be able believe is the most acute regulatory regulatory alternative (SAE J3069). to negotiate a variety of real-world concern (glare), and not including Based on this analysis, NHTSA conditions and not simply be equally stringent requirements and test tentatively concludes that ADB should engineered to recognize specified procedures related to visibility. Based be permitted and that the proposed fixtures. We tentatively believe the on the Agency’s testing, and on the requirements and test procedures are proposal will lead to ADB systems that experience with ADB systems in Europe the preferred regulatory alternative.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51800 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

a. Proposal Compared to Current The possible disbenefits of this The proposal would likely result in Baseline in Which ADB is Not Deployed rulemaking would be any increases in greater benefits than the regulatory glare attributable to ADB. A properly- alternative because the proposed We have tentatively concluded that functioning ADB system would not requirements require more illumination the proposal to permit ADB and subject produce more glare than current (but not at levels that would glare other it to requirements and test procedures to headlights because it would accurately motorists). Above we broadly estimated ensure that it does not glare other recognize and shade oncoming and the size of the target population. We motorists and provides sufficient preceding vehicles. The Agency’s tentatively believe that the proposed visibility would have greater net research testing of ADB-equipped requirements would be more effective— benefits than maintaining the status vehicles leads NHTSA to tentatively i.e., more likely to lead to a greater quo. conclude that an ADB system that reduction in crashes—than SAE J3069 We have tentatively determined that complied with the proposed because the proposal would require the proposal to permit ADB and subject requirements would not lead to any ADB systems to provide more it to requirements and test procedures significant increases in glare. illumination. Two of the proposed would lead to greater benefits than Accordingly, we do not expect any laboratory-based photometric maintaining the status quo in which significant disbenefits.134 requirements do this. We propose that ADB is not deployed. The anticipated ADB is currently not permitted by the part of the ADB beam that is cast benefits are a decrease in fatalities and FMVSS No. 108, and is therefore not near other vehicles must comply with injuries associated with crashes currently available to consumers. The the current lower beam minima, and involving pedestrians, cyclists, animals, proposed rule, by allowing the that the part of the ADB beam that is and roadside objects due to the introduction of ADB systems, would cast onto unoccupied roadway comply improved visibility provided by ADB. expand the set of choices open to with the upper beam minima. SAE The improved visibility is a result of consumers. ADB systems are optional, J3069 does not have any laboratory- increased upper beam use and an and the proposed rule in no way based requirements for the former, and enhanced lower beam. Although it is restricts or imposes additional costs or for the latter specifies the lower beam difficult to estimate these benefits, requirements on any existing minima, not the upper beam minima. NHTSA performed a data analysis to technologies that consumers are We believe the proposed requirements explore how driving in better light currently able to purchase. Consumers would offer meaningful safety conditions affects pedestrian and cyclist are therefore no worse off under the assurances. The lower and upper beam fatalities. The analysis focused on proposal. Because the proposal expands minima have been in place for decades. pedestrian/cyclist fatalities and injuries the set of consumer choices (compared They indicate what have been the under various light conditions and to the status quo), it is an enabling longstanding minimum acceptable explored the correlation between regulation. The estimated cost savings of levels of illumination for adequate pedestrian/cyclist fatalities and injuries an enabling regulation would include visibility. Along with this, they provide with light conditions, as well as several the full opportunity costs of the an appropriate tradeoff between other risk factors (location, speed limit, previously foregone activities (i.e., the illumination and glare. While requiring the lower beam minima for the dimmed alcohol use, and driver distraction). The sum of consumer and producer surplus, portion of the ADB beam may not analysis used data from the Agency’s minus any fixed costs). provide much benefit when the ADB Fatality Analysis Reporting System and Because we expect positive benefits system is dimming portions on an the National Automotive Sampling and cost savings from enabling the use oncoming or proceeding vehicle, any System General Estimate System. These of new technologies, we tentatively activation of the dimmed region due to databases contain detailed information conclude that the proposal would lead a false positive (dimming for a lamp on crashes involving fatalities and to higher net benefits compared to the post or sign) could have safety injuries, respectively, including status quo. We seek comment on the implications (because there would not information on the conditions under potential benefits and cost savings of this proposal, including quantitative be another vehicle’s headlamps to which the crashes occurred. This illuminate the road). Because SAE J3069 analysis suggests that the size of the data that could help estimate their magnitude. does not require ADB systems to meet target population—pedestrian and any minima within the dimmed portion cyclist fatalities that occur in darkness— b. Proposal Compared to SAE J3069 of the ADB beam, it could lead to is 15,065 over 11 years or 1,370 per NHTSA also compared the proposal insufficient illumination. On the other year. This analysis is discussed in more to SAE J3069. As discussed below, hand, it might be possible that the more detail in Appendix A. The Agency although the proposal is likely more demanding road test we propose to test tentatively concludes this analysis costly (due to higher compliance testing for glare could incentivize demonstrates that a properly- and equipment costs), these higher costs manufacturers to equip vehicles with functioning ADB system could provide are likely outweighed by the higher ADB systems that provide less significant safety benefits beyond that safety-related benefits (and lower glare illumination (to ensure that they do not provided by existing headlighting disbenefits). fail the glare road test) than they would 133 systems. if we adopt requirements more similar 134 We do recognize, as the ADB Test Report to SAE J3069. However, we tentatively 133 As discussed in Appendix A, the analysis notes, that there are situations in which ADB might believe the proposed requirements will requires a variety of assumptions and, while not adequately perform, such as at intersections and result in a greater reduction in crashes partially accounting for some confounding factors on dipped segments of roadway. We believe that at 135 (such as alcohol-related crashes), is not able to intersections the safety concern is lessened because due to increased illumination. isolate the effect of darkness on crash risk. (Toyota the encountered vehicle is likely stationary. We also also estimated the target population, using a note that current headlights, which are unable to 135 The proposal and the alternative both are most different methodology, in its rulemaking petition.) actively adapt the beam, can glare other vehicles at likely to be cost-effective using the DOT’s $9.7 Determining a more specific target population is intersections and on dipped roads because the million value of a statistical life. However, due to difficult because of a variety of data limitations roadway geometry becomes such that those vehicles the relatively more stringent performance (e.g., headlamp state (on-off, upper-lower beam) is are exposed to relatively bright portions of the requirements of the proposal, it would likely accrue not known in many of the pedestrian crashes). beam. more safety benefits than does the alternative.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51801

The Agency has also tentatively tested a variety of European vehicles in XII. Rulemaking Analyses concluded that the proposed a road test similar to the one that is Executive Order 13771 requirements would lead to smaller proposed today to measure glare. The disbenefits in terms of glare than the vehicles passed many of the scenarios Executive Order 13771 titled regulatory alternatives, for two reasons. we tested, although we observed that ‘‘Reducing Regulation and Controlling First, the proposal requires a much more the ADB systems had difficulties staying Regulatory Costs,’’ directs that, unless realistic road test to evaluate glare, within the glare limits when prohibited by law, whenever an including actual vehicles and curved encountering oncoming vehicles on executive department or Agency portions of the roadway, instead of curves when both vehicles were publicly proposes for notice and fixtures simulating vehicles and curves. travelling at approximately 60 mph. In comment or otherwise promulgates a This would require that ADB systems be consideration of these test results, the new regulation, it shall identify at least able to meet a variety of real world proposal does not include any tests on two existing regulations to be repealed. conditions and not simply be curves at these higher speeds. (In the In addition, any new incremental costs engineered to recognize specified proposal, we are proposing that the associated with new regulations shall, to fixtures. We tentatively believe this will vehicle’s speeds not exceed 45 mph in the extent permitted by law, be offset by lead to less glare, particularly in real- this scenario.) the elimination of existing costs. Only world situations where the other vehicle However, we do believe that it could those rules deemed significant under enters the field of view of the ADB be more costly to equip a vehicle with section 3(f) of Executive Order 12866, camera from the side and not from a far an ADB system that complies with the ‘‘Regulatory Planning and Review,’’ are distance (such as situations in which proposal rather than with the minimum subject to these requirements. As the ADB-equipped vehicle is overtaken requirements of SAE J3069. For discussed below, this rule is not a or encounters an oncoming vehicle on a instance, the proposal requires that the significant rule under Executive Order small-radius curve). Second, the undimmed portion of the ADB beam 12866. However, this proposed rule is proposal would require that in the meet the current upper beam minima. expected to be an E.O. 13771 undimmed portion of the ADB beam the The European systems we tested deregulatory action. Details on the current upper beam maxima be met; similarly used the upper beam (ECE estimated cost savings of this proposed SAE J3069 does not specify any driving beam) to illuminate regions rule can be found in the rule’s economic maxima. The upper beam maxima limit outside the dimmed portion of the analysis. the amount of light projected on objects beam. SAE J3069, however, requires that are not detected by the ADB system only that the lower beam minima be met Executive Order 12866, Executive Order such as cyclists, pedestrians, and houses in this region. Accordingly, an SAE 13563, and DOT Regulatory Policies and near the road. J3069-compliant system could use a Procedures NHTSA tentatively concludes that the lower cost light source. As another Executive Order 12866, Executive proposed rule would likely have higher example, while the European systems Order 13563, and the Department of costs than SAE J3069. This is due to NHTSA tested employed relatively Transportation’s regulatory policies compliance testing costs, and, possibly, sophisticated LED arrays or shading require determinations as to whether a to component costs. devices, a system that complied with regulatory action is ‘‘significant’’ and We would expect higher costs for the minimum requirements of SAE therefore subject to OMB review and the compliance testing. The proposed road J3069 could employ less sophisticated requirements of the aforementioned test for compliance with the proposed technology. Executive Orders. Executive Order glare limits is more complex than the NHTSA has tentatively concluded 12866 defines a ‘‘significant regulatory testing required by SAE J3069 because that the likely additional (i.e., as action’’ as one that is likely to result in it involves actual test vehicles and more compared to SAE J3069) benefits a rule that may: scenarios. The proposal also includes associated with the proposal exceed the (1) Have an annual effect on the requirements for static photometry likely additional costs of the proposal. economy of $100 million or more or testing that are not included in SAE The somewhat greater costs it would adversely affect in a material way the J3069. If a manufacturer concluded that require to equip a vehicle with an ADB economy, a sector of the economy, testing was necessary to certify an ADB system that complies with the proposed productivity, competition, jobs, the system, then testing for compliance with requirements would likely be environment, public health or safety, or the proposal would be more costly than outweighed by the greater benefits (and State, local, or Tribal governments or compliance testing for a standard more smaller glare disbenefits) that we communities; closely based on SAE J3069. tentatively believe would be likely to (2) Create a serious inconsistency or We do not expect design and result from the proposal. For instance, a otherwise interfere with an action taken development costs to be significantly system that saved money on a narrow or planned by another agency; higher than they would be under SAE field of view camera would not provide (3) Materially alter the budgetary J3069. ADB is currently offered as an glare protection on small radius curves impact of entitlements, grants, user fees, optional system in Europe, among other in real world driving. Additionally, any or loan programs or the rights and markets. We tentatively believe that the cost savings to be gained from a less obligations of recipients thereof; or European ADB (if modified to produce intense light source used for the (4) Raise novel legal or policy issues a U.S.-compliant beam 136) systems are undimmed portion of the beam would arising out of legal mandates, the essentially capable of complying with be negated by the relative increase risk President’s priorities, or the principles the proposed requirements. The Agency to pedestrian detection. set forth in the Executive Order. NHTSA seeks comment on all these We have considered the potential 136 Because the headlamp photometry issues, in particular the relative costs of impact of this proposal under Executive requirements in FMVSS No. 108 differ from ECE- compliance with the proposal, SAE Order 12866, Executive Order 13563, required photometry, in order for an ECE-compliant J3069, and the ECE requirements and the Department of Transportation’s system to be sold in the U.S., the headlamp photometry would need to be modified, which (especially specific data and cost regulatory policies and procedures. This would entail some design cost. This is true for any estimates), as well as the relative NPRM is not significant and so was not European-model vehicle sold in the U.S. benefits of these alternatives. reviewed under E.O. 12866.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51802 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

However, pursuant to E.O. 12866 and Executive Order 13609: Promoting clause under which ‘‘[c]ompliance with the Department’s policies, we have International Regulatory Cooperation a motor vehicle safety standard identified the problem this NPRM The policy statement in section 1 of prescribed under this chapter does not intends to address, considered whether Executive Order 13609 provides, in part: exempt a person from liability at existing regulations have contributed to common law.’’ 49 U.S.C. 30103(e) the problem, and considered The regulatory approaches taken by foreign Pursuant to this provision, State alternatives. Because this rulemaking governments may differ from those taken by common law tort causes of action has been designated nonsignificant, U.S. regulatory agencies to address similar against motor vehicle manufacturers issues. In some cases, the differences quantification of benefits is not required between the regulatory approaches of U.S. that might otherwise be preempted by under E.O. 12866, but is required, to the agencies and those of their foreign the express preemption provision are extent practicable, under DOT Order counterparts might not be necessary and generally preserved. However, the 2100.5. NHTSA has tentatively might impair the ability of American Supreme Court has recognized the determined that quantifying the benefits businesses to export and compete possibility, in some instances, of and costs is not practicable in this internationally. In meeting shared challenges implied preemption of State common rulemaking. involving health, safety, labor, security, law tort causes of action by virtue of Quantifying the benefits of the environmental, and other issues, NHTSA’s rules—even if not expressly proposal—the decrease in deaths and international regulatory cooperation can preempted. injuries due to the greater visibility identify approaches that are at least as This second way that NHTSA rules made possible by ADB—is difficult protective as those that are or would be can preempt is dependent upon the adopted in the absence of such cooperation. because of a variety of data limitations International regulatory cooperation can also existence of an actual conflict between related to accurately estimating the reduce, eliminate, or prevent unnecessary an FMVSS and the higher standard that target population and the effectiveness differences in regulatory requirements. would effectively be imposed on motor of ADB. For example, headlamp state vehicle manufacturers if someone (on-off, upper-lower beam) is not Although this proposal is different obtained a State common law tort reflected in the data for many of the than comparable foreign regulations, we judgment against the manufacturer— pedestrian crashes. Nevertheless, we believe that the proposed requirements notwithstanding the manufacturer’s attempt to broadly estimate the have the potential to enhance safety. compliance with the NHTSA standard. magnitude of the target population in Executive Order 13132 (Federalism) Because most NHTSA standards Appendix A. (Toyota’s rulemaking established by an FMVSS are minimum petition also includes a target NHTSA has examined this proposed standards, a State common law tort population analysis using a different rule pursuant to Executive Order 13132 cause of action that seeks to impose a methodology.) (64 FR 43255; Aug. 10, 1999) and higher standard on motor vehicle Quantification of costs is similarly not concluded that no additional manufacturers will generally not be practicable. The only currently-available consultation with States, local preempted. However, if and when such ADB systems are in foreign markets governments, or their representatives is a conflict does exist—for example, when such as Europe. We tentatively believe mandated beyond the rulemaking the standard at issue is both a minimum that an ECE-approved ADB system process. The Agency has concluded that and a maximum standard—the State (modified to have FMVSS 108- the rule does not have sufficient common law tort cause of action is compliant photometry) would be able to federalism implications to warrant impliedly preempted. See Geier v. comply with the proposed consultation with State and local American Honda Motor Co., 529 U.S. requirements. It would be possible for officials or the preparation of a 861 (2000). NHTSA to estimate the cost of such federalism summary impact statement. Pursuant to Executive Order 13132, systems by performing teardown The rule does not have ‘‘substantial NHTSA has considered whether this studies, but we have not done so. direct effects on the States, on the proposed rule could or should preempt Among other reasons, even if NHTSA relationship between the national State common law causes of action. The performed tear-down studies for ECE- government and the States, or on the Agency’s ability to announce its approved systems, NHTSA would still distribution of power and conclusion regarding the preemptive need to estimate the cost of the responsibilities among the various effect of one of its rules reduces the compliance with the main regulatory levels of government.’’ likelihood that preemption will be an alternative, SAE J3069. However, there NHTSA rules can have preemptive issue in any subsequent tort litigation. are not any SAE J3069-compliant effect in two ways. First, the National To this end, the Agency has examined systems on the market to use in a tear- Traffic and Motor Vehicle Safety Act the nature (e.g., the language and down cost analysis because ADB contains an express preemption structure of the regulatory text) and systems are not currently available in provision: When a motor vehicle safety objectives of this proposed rule and the U.S. It might be possible for NHTSA standard is in effect under this chapter, does not foresee any potential State to estimate the costs of an SAE J3069- a State or a political subdivision of a requirements that might conflict with it. compliant system with an engineering State may prescribe or continue in effect We do note that many or most states assessment, but such an assessment a standard applicable to the same aspect have laws that regulate lower and upper would require additional time and of performance of a motor vehicle or beam use. These laws require that a resources. motor vehicle equipment only if the motorist use a lower beam within a We therefore tentatively conclude that standard is identical to the standard certain distance of an oncoming or a quantitative cost-benefit analysis is prescribed under this chapter. 49 U.S.C. preceding vehicle. We do not believe not currently practicable. We believe 30103(b)(1). It is this statutory command that there is a conflict between the that a qualitative analysis (see Section by Congress that preempts any non- proposed rule and these laws because XI, Overview of Benefits and Costs) is identical State legislative and the proposed rule would allow an sufficient to reasonably conclude that administrative law address the same additional type of lower beam. A the proposed requirements are aspect of performance. vehicle equipped with a compliant and preferable to the current regulatory The express preemption provision properly functioning ADB system alternative. described above is subject to a savings should not glare other vehicles, as long

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51803

as the proposed requirements are Alternatives from current levels due to increased sufficient to meet the goals of this NHTSA has considered a range of high beam use and the sculpting of proposal—i.e., to protect oncoming and regulatory alternatives for the proposed lower beams to traffic on the road, total preceding motorists from glare. NHTSA action. Under a ‘‘no action alternative,’’ potential brightness would not be does not intend that this proposed rule NHTSA would not issue a final rule permitted to exceed the potential preempt state tort law that would amending FMVSS No. 108, and ADB maxima that already exists on motor vehicles today. These maxima would effectively impose a higher standard on technology would continue to be not only reduce the potential for glare motor vehicle manufacturers than that prohibited. NHTSA has also considered to other drivers, but would also limit the established by this rule. Establishment the ECE requirements and SAE J3069, potential impact of light pollution. of a higher standard by means of State which are described above in this tort law would not conflict with the Second, we note that ADB systems preamble. Under this proposal, NHTSA remain optional under the proposal. standards proposed in this NPRM. incorporates elements from these Without any conflict, there could not be Because of the added costs associated standards, but departs from them in with the technology, NHTSA does not any implied preemption of a State significant ways, which are also common law tort cause of action. anticipate that manufacturers would described above. NHTSA invites public make these systems standard equipment National Environmental Policy Act comments on its proposal. in all of their vehicle models at this The National Environmental Policy Environmental Impacts of the Proposed time. Thus, only a percentage of the on- Act of 1969 (NEPA) (42 U.S.C. 4321– Action and Alternatives road fleet would feature ADB systems, while new vehicles without the systems 4347) requires Federal agencies to This proposed action is anticipated to would be anticipated to continue to analyze the environmental impacts of result in increased upper beam use as have levels of illumination at current proposed major Federal actions well as greater illumination from lower significantly affecting the quality of the rates. beams (albeit in patterns designed to Third, while ADB systems generally human environment, as well as the prevent glare to other motorists). As a impacts of alternatives to the proposed would increase horizontal illumination, result, the primary environmental they likely would not contribute to action. 42 U.S.C. 4332(2)(C). When a impacts anticipated to result from this Federal agency prepares an ambient light pollution to the same rulemaking are associated with light degree as other forms of illumination, environmental assessment, the Council pollution, including the potential on Environmental Quality (CEQ) NEPA such as streetlights and building disruption of wildlife adjacent to illumination, where light is implementing regulations (40 CFR parts roadways. The National Park Service 1500–1508) require it to ‘‘include brief intentionally scattered to cover large (NPS) defines ‘‘light pollution’’ as the areas or wasted due to inefficient discussions of the need for the proposal, introduction of artificial light, either of alternatives [. . .], of the design, likely contributing more to the directly or indirectly, into the natural nighttime halo effect in populated areas. environmental impacts of the proposed environment.137 Forms of light action and alternatives, and a listing of According to NPS, the primary cause of pollution include sky glow (the bright light pollution is outdoor lights that agencies and persons consulted.’’ 40 halo over urban areas at nighttime), light CFR 1508.9(b). This section serves as emit light upwards or sideways (but trespass (unintended artificial lighting 140 the Agency’s Draft Environmental with an upwards angle). As the light on areas that would otherwise be dark), escapes upward, it scatters throughout Assessment (Draft EA). NHTSA invites glare (light shining horizontally), and public comments on the contents and the atmosphere and brightens the night overillumination (excess artificial sky. Lighting that is directed downward, tentative conclusions of this Draft EA. 138 lighting for a specific activity). Light however, contributes significantly less Purpose and Need pollution caused by artificial light can to light pollution. Lower beams have various effects on flora and fauna, generally direct light away from This notice of proposed rulemaking including disrupting seasonal variations oncoming traffic and downward in sets forth the purpose of and need for and circadian rhythms, disorientation order to illuminate the road and the this action. As explained earlier in this and behavioral disruption, sleep environs close ahead of the vehicle preamble, ADB technology improves 139 disorders, and hormonal imbalances. while minimizing glare to other road safety by providing a variable, enhanced Although this rule is anticipated to users. As a result, any increases in lower lower beam pattern that is sculpted to result in increased levels of illumination beam illumination are not anticipated to traffic on the road, rather than just one caused by automobiles at nighttime, contribute meaningfully to light static lower beam pattern, thereby NHTSA does not believe these levels pollution. As discussed further in the providing more illumination without would contribute appreciably to light next paragraph, increases in upper beam glare to other motorists. In addition, pollution in the United States. First, the illumination would be anticipated ADB technology will likely lead to Agency proposes to require that the part largely in less populated areas, where increased upper beam use, thereby of an ADB beam that is cast near other oncoming traffic is less frequent and improving driver visibility distance at vehicles not exceed the current low small sources of artificial light (such as higher speeds. In this document, beam maxima and the part of an ADB motor vehicles) likely would not change NHTSA tentatively concludes that beam that is cast onto unoccupied ambient light levels at nighttime to a FMVSS No. 108 does not currently roadway not exceed the current upper meaningful degree. permit ADB technology. This proposal beam maxima. Although overall levels Fourth, NHTSA believes that the areas therefore reconsiders the currently- of illumination are expected to increase that would see the greatest relative existing standard by addressing the increase in nighttime illumination are safety needs of visibility and glare 137 National Park Service, Light Pollution. https:// predominantly rural and unlikely to prevention to improve safety. This www.nps.gov/subjects/nightskies/lightpollution.htm experience widespread impacts. The proposal considers and invites comment (last accessed Sept. 26, 2018). 138 Chepesiuk, R. 2009. Missing the Dark: Health on how best to ensure that ADB Effects of Light Pollution. Environmental Health 140 NPS, Light Pollution Sources. https:// technology improves visibility without Perspectives, 117(1), A20–A27. www.nps.gov/subjects/nightskies/sources.htm (last increasing glare. 139 Id. accessed Sept. 26, 2018).

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51804 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

Agency’s proposal would require ADB due to the extensive number of variables section 3(b) of Executive Order 12988, systems to produce a base lower beam associated with ADB use and wildlife. ‘‘Civil Justice Reform’’ (61 FR 4729, at speeds below 25 mph. These slower NHTSA is unable to comparatively February 7, 1996) requires that speeds are anticipated primarily in evaluate the potential light pollution Executive agencies make every crowded, urban environments where the impacts of the proposal compared to the reasonable effort to ensure that the current impacts of light pollution are other regulatory alternatives (ECE regulation: (1) Clearly specifies the likely the greatest. As a result, such requirements and SAE J3069). For preemptive effect; (2) clearly specifies urban environments would not example, the proposal requires that the the effect on existing Federal law or experience changes in light levels undimmed portion of the adaptive beam regulation; (3) provides a clear legal produced from motor vehicles as a meet the upper beam minima and the standard for affected conduct, while result of this proposal. In moderately dimmed portion of the beam meet the promoting simplification and burden crowded, urban environments, lower beam minima. The SAE standard reduction; (4) clearly specifies the nighttime vehicles may travel above 25 does not establish minima for either retroactive effect, if any; (5) adequately mph, thereby engaging the ADB system. condition. However, NHTSA also defines key terms; and (6) addresses However, in those cases, upper beam proposes that the undimmed portion of other important issues affecting clarity use would likely be low, as the high the beam may not exceed the upper and general draftsmanship under any level of other road users would cause beam maxima, whereas the SAE guidelines issued by the Attorney the ADB system to rely on lower beams standard does not specify an upper General. This document is consistent for visibility in order to reduce glare for beam maxima for the undimmed with that requirement. other drivers. These areas may portion. Thus, while NHTSA proposes Pursuant to this Order, NHTSA notes experience small increases in light more stringent requirements for ADB as follows. The issue of preemption is pollution as the upper beams systems, the wide variations still discussed above in connection with E.O. occasionally engage, as well as permitted under the proposal and the 13132. NHTSA notes further that there increased illumination associated with SAE standards make it difficult to is no requirement that individuals lower beam shaping by the ADB system. compare them with any level of submit a petition for reconsideration or In rural areas, where traffic levels are certainty. However, to the degree to pursue other administrative proceeding lower and driving speeds may be higher, which ABD systems would function before they may file suit in court. the use of ADB systems is anticipated to similarly under each of those standards, Regulatory Flexibility Act result in increased upper beam use. the environmental impacts would be Pursuant to the Regulatory Flexibility However, the low traffic levels would anticipated to be similar. NHTSA seeks comment on its Act (5 U.S.C. 601 et seq., as amended by result in only moderate additional light the Small Business Regulatory output, and the low quantity of artificial analysis of the potential environmental impacts of its proposal, which will be Enforcement Fairness Act (SBREFA) of light sources in general would mean 1996), whenever an agency is required that light pollution levels overall would reviewed and considered in the preparation of a Final EA. to publish an NPRM or final rule, it be anticipated to remain low. must prepare and make available for The proposed action is anticipated to Agencies and Persons Consulted public comment a regulatory flexibility improve visibility without glare to other This preamble describes the various analysis (RFA) that describes the effect drivers. In addition to the potential materials, persons, and agencies of the rule on small entities (i.e., small safety benefits associated with reduced consulted in the development of the businesses, small organizations, and crashes, this rule could result in fewer proposal. small governmental jurisdictions). The instances of collisions involving Small Business Administration’s animals on roadways. Upper beams are Tentative Conclusion regulations at 13 CFR part 121 define a used primarily for distance illumination NHTSA has reviewed the information small business, in part, as a business when not meeting or closely following presented in this Draft EA and entity ‘‘which operates primarily within another vehicle. Increased upper beam tentatively concludes that the proposed the United States.’’ (13 CFR 121.105(a)). use in poorly lit environments, such as action would not contribute in a No regulatory flexibility analysis is rural roadways, may allow drivers meaningful way to light pollution as required if the head of an agency increased time to identify roadway compared to current conditions. Any of certifies that the rule will not have a hazards (such as animals) and to stop, the impacts anticipated to result from significant economic impact on a slow down, or avoid a collision. the alternatives under consideration are substantial number of small entities. In addition, the impact of added not expected to rise to a level of The SBREFA amended the Regulatory artificial light on wildlife located near significance that necessitates the Flexibility Act to require Federal roadways would depend on where and preparation of an Environmental Impact agencies to provide a statement of the how long the additional illumination Statement. Based on the information in factual basis for certifying that a rule occurs, whether or not wildlife is this Draft EA and assuming no will not have a significant economic present within a distance to detect the additional information or changed impact on a substantial number of small light, and the sensitivity of wildlife to circumstances, NHTSA expects to issue entities. the illumination level of the added light. a Finding of No Significant Impact NHTSA has considered the effects of Wildlife species located near active (FONSI). Such a finding will not be this rulemaking action under the roadways have likely acclimated to the made before careful review of all public Regulatory Flexibility Act. According to light produced by passing vehicles, comments received. A Final EA and a 13 CFR 121.201, the Small Business including light associated with upper FONSI, if appropriate, will be issued as Administration’s size standards beams (which would be the same under part of the final rule. regulations used to define small the proposal in terms of brightness, business concerns, manufacturers of the directionality, and shape as under Executive Order 12988 (Civil Justice vehicles covered by this proposed rule current regulations). Any additional Reform) would fall under North American disruption caused by increased use of With respect to the review of the Industry Classification System (NAICS) upper beams is not feasible to quantify promulgation of a new regulation, No. 336111, Automobile Manufacturing,

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51805

which has a size standard of 1,000 more than $100 million annually Privacy Act employees or fewer. (adjusted annually for inflation with NHTSA estimates that there are six base year of 1995). Adjusting this Anyone is able to search the small light vehicle manufacturers in the amount by the implicit gross domestic electronic form of all comments U.S. We estimate that there are eight product price deflator for 2013 results in received into any of our dockets by the headlamp manufacturers that could be $142 million (109.929/75.324 = 1.42). name of the individual submitting the impacted by a final rule. I hereby certify The assessment may be included in comment (or signing the comment, if that if made final, this proposed rule conjunction with other assessments, as submitted on behalf of an association, would not have a significant economic it is here. business, labor union, etc.). You may review DOT’s complete Privacy Act impact on a substantial number of small This proposed rule is not likely to Statement in the Federal Register entities. Most of the affected entities are result in expenditures by State, local or published on April 11, 2000 (65 FR not small businesses. The proposed tribal governments of more than $100 19477–78). rule, if adopted, will not establish a million annually. mandatory requirement on regulated UMRA requires the Agency to select XIII. Public Participation persons. the ‘‘least costly, most cost-effective or How do I prepare and submit National Technology Transfer and least burdensome alternative that comments? Advancement Act achieves the objectives of the rule.’’ As Your comments must be written and Under the National Technology discussed above, the Agency considered in English. To ensure your comments Transfer and Advancement Act of 1995 alternatives to the proposed rule. We are correctly filed in the Docket, please (NTTAA) (Pub. L. 104–113), ‘‘all Federal have tentatively concluded that none of include the docket number of this agencies and departments shall use the alternatives are preferable to the document in your comments. technical standards that are developed alternative proposed by the NPRM. We or adopted by voluntary consensus have tentatively concluded that the Please organize your comments so standards bodies, using such technical requirements we are proposing today they appear in the same order as the standards as a means to carry out policy are the most cost-effective alternatives topic to which they respond appears in objectives or activities determined by that achieve the objectives of the rule. the preamble. Please number comments the agencies and departments.’’ Plain Language as they are numbered in the preamble. Voluntary consensus standards are For example, a comment concerning the technical standards (e.g., materials Executive Order 12866 and E.O. placement of the photometer on an specifications, test methods, sampling 13563 require each agency to write all oncoming vehicle might be labeled procedures, and business practices) that rules in plain language. Application of ‘‘VIII.b.ii.3.a—Photometer Placement for are developed or adopted by voluntary the principles of plain language Oncoming Vehicles,’’ or ‘‘VIII.b.ii.3— consensus standards bodies, such as the includes consideration of the following Photometer Placement.’’ Society of Automotive Engineers (SAE). questions: Your comments must not be more • The NTTAA directs this Agency to Have we organized the material to than 15 pages long. (49 CFR 553.21). We provide Congress, through OMB, suit the public’s needs? established this limit to encourage you explanations when the Agency decides • Are the requirements in the rule to write your primary comments in a not to use available and applicable clearly stated? concise fashion. However, you may voluntary consensus standards. • Does the rule contain technical attach necessary additional documents SAE International has published a language or jargon that isn’t clear? to your comments. There is no limit on voluntary consensus standard (SAE • Would a different format (grouping the length of the attachments. J3069 JUN2016) for ADB systems. The and order of sections, use of headings, Comments may also be submitted to foregoing sections of this document paragraphing) make the rule easier to the docket electronically by logging onto discuss in detail areas in which we understand? the Docket website at http:// follow or depart from SAE J3069. • Would more (but shorter) sections www.regulations.gov. Follow the online Paperwork Reduction Act be better? instructions for submitting comments. • Under the Paperwork Reduction Act Could we improve clarity by adding Please note pursuant to the Data tables, lists, or diagrams? Quality Act, for substantive data to be of 1995 (PRA) (44 U.S.C. 3501, et seq.), • Federal agencies must obtain approval What else could we do to make the relied upon and used by the Agency, it from the Office of Management and rule easier to understand? must meet the information quality Budget (OMB) for each collection of If you have any responses to these standards set forth in the OMB and DOT information they conduct, sponsor, or questions, please include them in your Data Quality Act guidelines. require through regulations. This comments on this proposal. Accordingly, we encourage you to rulemaking would not establish any consult guidelines in preparing your Regulation Identifier Number (RIN) comments. OMB’s guidelines may be new information collection 2127–AL83 requirements. accessed at http://www.whitehouse.gov/ The Department of Transportation omb/fedreg/reproducible.html. Unfunded Mandates Reform Act assigns a regulation identifier number How can I be sure that my comments The Unfunded Mandates Reform Act (RIN) to each regulatory action listed in were received? of 1995 (Pub. L. 104–4) (UMRA) the Unified Agenda of Federal requires agencies to prepare a written Regulations. The Regulatory Information If you wish the Docket to notify you assessment of the costs, benefits, and Service Center publishes the Unified upon its receipt of your comments, other effects of proposed or final rules Agenda in April and October of each enclose a self-addressed, stamped that include a Federal mandate likely to year. You may use the RIN contained in postcard in the envelope containing result in the expenditures by States, the heading at the beginning of this your comments. Upon receiving your local or tribal governments, in the document to find this action in the comments, the Docket will return the aggregate, or by the private sector, of Unified Agenda. postcard by mail.

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51806 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

How do I submit confidential business a final rule (assuming that one is headlighting to demonstrate the safety information? issued), we will consider that comment issue which ADB optional equipment If you wish to submit any information as an informal suggestion for future could potentially impact. We explored under a claim of confidentiality, you rulemaking action. the correlations between pedestrian and should submit three copies of your How can I read the comments submitted cyclist fatalities (FARS 2006–2016 data) complete submission, including the by other people? and light conditions, as well as the correlations between pedestrian and information you claim to be confidential You may read the comments received cyclist injuries (GES 2006–2016 data) business information, to the Chief by the docket at the address given above and light conditions. Then the ratios of Counsel, NHTSA, at the address given under ADDRESSES. The hours of the above under FOR FURTHER INFORMATION docket are indicated above in the same pedestrian/cyclist fatalities over injuries CONTACT. In addition, you should location. You may also see the were also examined. The Agency submit a copy, from which you have comments on the internet. To read the tentatively believes that a higher ratio of deleted the claimed confidential comments on the internet, go to http:// fatalities to injuries demonstrates among business information, to the docket at www.regulations.gov. Follow the online potential other influences, driver the address given above under instructions for accessing the dockets. recognition and attempts to avoid these ADDRESSES. When you send a comment Please note: Even after the comment crashes. The basic concept is that containing information claimed to be closing date, we will continue to file limited visibility can result in late confidential business information, you relevant information in the docket as it reactions and deadly crashes. should include a cover letter setting becomes available. Further, some people The following tables indicate forth the information specified in our may submit late comments. combined pedestrian and cyclist confidential business information Accordingly, we recommend that you fatalities, associated with light vehicle regulation. (49 CFR part 512.) periodically check the Docket for new material. You can arrange with the (<=10,000 lbs.) crashes only and in ‘‘all Will the Agency consider late areas’’ (rural, urban, and others), comments? docket to be notified when others file comments in the docket. See decreased from 4,755 in 2006 to the We will consider all comments www.regulations.gov for more lowest number of 4,130 in 2009, but the received before the close of business on information. fatalities increased steadily from 2009 to the comment closing date indicated the highest number of 5,912 in 2016. In above under DATES. To the extent XIV. Appendix A to Preamble—Road particular, there was an increase of possible, we will also consider Illumination and Pedestrian/Cyclist 7.1% from 2015 to 2016 in pedestrian Fatalities comments the docket receives after that and cyclist fatalities. date. If the docket receives a comment The Agency examined crash risk that too late for us to consider in developing could reasonably be linked to vehicle

TABLE A.1—LIGHT CONDITION PEDESTRIAN/CYCLIST FATALITIES FROM FARS 2006–2016 [Light vehicle types <=10,000 lbs.]

Dark but Dark & Total Year Day light Dark lighted Dawn Dust ukn. light Others Not-rept. Unknown fatalities

2006 ...... 1,386 1,561 1,571 92 128 0 0 0 17 4,755 2007 ...... 1,433 1,472 1,495 66 98 0 0 0 18 4,582 2008 ...... 1,285 1,425 1,463 79 122 0 0 0 13 4,387 2009 ...... 1,252 1,199 1,463 71 97 39 0 0 9 4,130 2010 ...... 1,254 1,321 1,483 77 84 45 5 2 5 4,276 2011 ...... 1,247 1,402 1,569 57 113 35 4 3 8 4,438 2012 ...... 1,335 1,589 1,726 79 105 29 2 3 6 4,874 2013 ...... 1,336 1,532 1,641 74 113 25 1 5 7 4,734 2014 ...... 1,393 1,615 1,697 90 111 25 4 2 10 4,947 2015 ...... 1,453 1,789 1,973 91 135 67 2 3 6 5,519 2016 ...... 1,499 1,905 2,183 88 138 72 2 3 22 5,912

Total ...... 14,873 16,810 18,264 864 1,244 337 20 21 121 52,554

In addition to the fatality data, GES under various light conditions. With various light conditions, to compare the 2006–2016 data are used to explore how both FARS and GES data, we are then relative fatality rates (%) under various many pedestrians and cyclists were able to calculate the ratio of ‘fatalities light conditions. injured (e.g., ‘severity’ not equal zero) over injuries’ (Fatality Rate) under

TABLE A.2—GES 2006–2016 WEIGHTED INJURED PEDESTRIAN/CYCLISTS [Light vehicle types <=10,000 lbs. only]

Dark but Dark & Total Year Day light Dark lighted Dawn Dust ukn. light Others Not-rept. Unknown injuries

2006 ...... 67,100 9,288 22,531 1,582 4,333 0 0 0 1,471 106,305 2007 ...... 71,729 8,285 28,216 1,404 4,010 0 0 0 736 114,379 2008 ...... 84,521 8,889 22,009 1,606 3,179 0 0 0 1,209 121,414 2009 ...... 73,771 8,037 24,157 1,588 2,935 1,376 20 0 260 112,142

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51807

TABLE A.2—GES 2006–2016 WEIGHTED INJURED PEDESTRIAN/CYCLISTS—Continued [Light vehicle types <=10,000 lbs. only]

Dark but Dark & Total Year Day light Dark lighted Dawn Dust ukn. light Others Not-rept. Unknown injuries

2010 ...... 84,670 6,359 25,808 2,946 4,400 537 0 106 99 124,925 2011 ...... 80,876 7,344 27,996 2,056 3,373 292 0 436 379 122,753 2012 ...... 80,933 8,864 33,913 707 4,192 499 12 377 81 129,579 2013 ...... 74,277 8,305 28,805 960 4,181 457 15 47 116 117,161 2014 ...... 77,258 8,901 28,520 1,326 4,604 347 11 293 54 121,316 2015 ...... 76,817 9,074 27,223 1,627 3,268 602 15 401 73 119,099 2016 ...... 96,861 12,922 34,791 2,361 4,549 1,378 0 406 287 153,556

Total ...... 868,813 96,267 303,969 18,163 43,024 5,488 73 2,065 4,766 1,342,629

From the previous fatalities and the highest fatality rate. In other words, further lead to the relative risk (RR) injuries tables, the following table the following table provides the comparison of two different light provides ratios of fatalities over injuries probability or risk of pedestrian/cyclist conditions. (fatality rates) under various light fatality under certain light condition conditions. ‘Dark’ condition resulted in when a crash occurred, which could

These tables indicate that there are The Agency first noted the trend However, light condition may not be 16,810 pedestrian and cyclist fatalities within these unfiltered ratios seeming to the only risk factor contributing to the under ‘Dark’ condition (FARS 2006–16); indicate the possible relationship pedestrian/cyclist fatality rate but many under the same condition, GES data between the amount of light available to other confounding factors may (2006–2015) indicate there are 96,267 a driver and the fatality risk to simultaneously contribute to different injured pedestrians/cyclists. The fatality pedestrians and cyclists. That is to say, fatality rates under different light rate, e.g., fatalities/injured persons = if we examine fatalities rates for conditions. Other confounding factors 17.46% (‘Dark’ condition). Similarly, ‘Daylight’ (1.71%), ‘Dark but lighted’ may include driver or pedestrian there are 18,264 pedestrian and cyclist (6.00%), and ‘Dark’ (17.46%), and behaviors, vehicle type, travel speed, fatalities under ‘Dark but Lighted’ assume these represent decreasing road condition, driver drinking status, condition and 303,969 injured visibility, we note there appears to be an rural/urban difference, EMS, person pedestrians and cyclists, which inverse relationship between the age/health condition, and more. The resulting in a ratio of 6.00% (in ‘‘Dark amount of light available and the odds next table examines a similar fatality but lighted’’ condition). for a pedestrian or cyclist being killed rate comparison made by focusing on a if a crash occurs. smaller target population of ‘non-

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.010 51808 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

drinking’ crashes only because it is TABLE A.5—PEDESTRIAN/CYCLIST IN- low speeds, a driver may be more likely likely light condition and drunk driving JURIES (INJ_SEV NOT ZERO) IN- to react in time to overcome limited are themselves related. CLUDING ‘DRIVER NOT-DRINKING visibility and mitigate crash severity but CRASHES’ ONLY—Continued less likely to be able to reduce crash TABLE A.4—PEDESTRIAN/CYCLIST FA- [Light veh. <=10, 000 lbs. and GES 2006–16] severity at higher speeds. The following TALITIES INCLUDING ‘DRIVER NOT analysis considers both speed limit and DRINKING’ CRASHES ONLY Day Dark but light condition. Year light Dark lighted [Light VEH <=10,000 lbs, FARS 2006–16] Correlations between the pedestrian/ 2015 ...... 75,831 8,558 26,409 cyclist fatal probability and risk factors Day Dark but 2016 ...... 95,226 11,915 33,339 Year light Dark lighted could be described by the following Total ...... 849,390 89,321 283,743 equation, where ‘p’ stands for the 2006 ...... 1,302 1,369 1,335 probability of ‘pedestrian/cyclist 2007 ...... 1,351 1,294 1,267 2008 ...... 1,200 1,250 1,263 fatality’, ‘1-p’ stands for the probability 2009 ...... 1,167 1,050 1,257 TABLE A.6—RATIOS OF PEDESTRIAN/ of ‘pedestrian/cyclist non-fatality’, and 2010 ...... 1,194 1,180 1,265 CYCLIST FATALITIES OVER INJURIES ‘p/(1-p)’ is the ‘odds’ of the crash 2011 ...... 1,162 1,245 1,336 NCLUDING OT RINKING RIVER 2012 ...... 1,256 1,431 1,493 I ‘N -D D ’ resulting in ‘pedestrian/cyclist fatality’ 2013 ...... 1,254 1,378 1,439 CRASHES ONLY DURING 2006–2016 versus ‘pedestrian/cyclist non-fatality’. 2014 ...... 1,305 1,474 1,472 AND LIGHT VEHICLES <=10,000 LBS. We conducted a multiple logistic model 2015 ...... 1,372 1,642 1,762 that included ‘light condition’, ‘speed 2016 ...... 1,413 1,752 1,936 Day Dark but limit’ and ‘drinking’ into the Year light Dark lighted Total ...... 13,976 15,065 15,825 consideration simultaneously. The logit Fatalities ...... 13,976 15,065 15,825 model provides the odds ratio (OR) of Injuries ...... 849,390 89,321 283,743 two different crash conditions TABLE A.5—PEDESTRIAN/CYCLIST IN- associated with each predictor variable, JURIES (INJ_SEV NOT ZERO) IN- Ratio of (fatalities/ such as comparing the better light CLUDING ‘DRIVER NOT-DRINKING injuries) 1.65% 16.87% 5.58% condition with darker light condition; CRASHES’ ONLY comparing higher speed limit (+5 MPH) [Light veh. <=10, 000 lbs. and GES 2006–16] In examining previous tables, we note with next lower speed limit; and the trend demonstrating an inverse comparing the alcohol involved crash Day Dark but Year light Dark lighted relationship between light and the with not-alcohol involved crash. The fatality risk for pedestrians continues for OR value of larger than 1.0 indicates the 2006 ...... 63,535 7,929 19,083 crashes not involving alcohol. If our higher chance of pedestrian/cyclist 2007 ...... 69,553 7,479 26,293 2008 ...... 81,003 8,161 19,560 hypothesis considering long distance fatality while less than 1.0 for lower 2009 ...... 71,870 7,184 22,758 visibility contributes to the fatality risk chance of pedestrian fatality. The model 2010 ...... 84,006 6,144 24,672 to pedestrians and cyclists, then we treats pedestrian/cyclist fatal crash as 2011 ...... 79,471 7,088 26,387 should also expect a relationship 2012 ...... 79,724 8,519 32,113 ‘outcome’, in which FARS 2006–2016 2013 ...... 72,970 7,811 25,655 between speed, light, and fatality risk. fatalities and GES 2006–16 injuries are 2014 ...... 76,201 8,533 27,474 That is to say, we would expect that at used.

TABLE A.7—PEDESTRIAN/CYCLIST FATALITY ODDS RATIOS FROM LIGHT CONDITION AND SPEED LIMIT

Odds ratio 95% OR 95% OR Comparison between two different light conditions (OR) point confidence confidence P-value estimate lower upper

‘dawn or dust’ vs. ‘day light’ ...... 1.930 1.781 2.092 <0.0001 ‘dark but lighted’ vs. ‘day light’ ...... 2.711 2.596 2.830 <0.0001 ‘dark’ vs ’day light’ ...... 5.004 4.807 5.209 <0.0001 higher speed limit (5 MPH) ...... 1.512 1.490 1.534 <0.0001 Drinking versus NOT ...... 1.965 1.849 2.087 <0.0001

ANALYSIS OF MAXIMUM LIKELIHOOD ESTIMATES AND PARAMETER ESTIMATE OF EQ.

Comparison between two different light conditions Parameter es- Standard error Wald P-value timate (bi) chi-sqare

intercept ...... ¥2.8634 0.0295 9397.9 <0.0001

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.011 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51809

ANALYSIS OF MAXIMUM LIKELIHOOD ESTIMATES AND PARAMETER ESTIMATE OF EQ.—Continued

Comparison between two different light conditions Parameter es- Standard error Wald P-value timate (bi) chi-sqare

‘dawn or dust’ vs. ‘day’ ...... ¥0.586 0.0292 29.4 <0.0001 ‘dark but lighted’ vs. ‘day’ ...... 0.1809 0.0157 132.1 <0.0001 ‘dark’ vs ’day’ ...... 0.7940 0.0147 2904.1 <0.0001 higher speed limit (5 MPH) ...... 0.4133 0.00734 3174.6 <0.0001 ‘Drinking’ vs ‘not-drinking’ ...... 0.6753 0.0309 477.97 <0.0001

When fatality chances under two and XXI, and figures 23 through 25 in switching device must be designed to different light conditions are compared, numerical order; and conform to all applicable performance the pedestrian/cyclist fatality chance ■ h. Removing the appendix to the requirements of S14.9. under ‘dawn or dusk’ condition is 2 section. S9.4.1.6—Option 2 (Adaptive Driving times the fatality chance under ‘day The revisions and additions read as Beam Systems). light’ condition (OR = 1.93); similarly, follows: S9.4.1.6.1 The system must be capable of detecting system the pedestrian/cyclist fatality chance § 571.108 Standard No. 108; Lamps, under ‘dark’ condition is 5 times the reflective devices, and associated malfunctions (including but not limited fatality chance under ‘day light’ (OR = equipment. to sensor obstruction). S9.4.1.6.2 The system must notify 5.00); the fatality chance under ‘dark’ * * * * * the driver of a malfunction. If the ADB condition is 1.87 times (5.00/2.7 = 1.85) S9.4.1 Semiautomatic headlamp system detects a fault, it must disable the fatality chance under ‘dark but beam switching devices. As an the ADB system and the lighting system lighted’ condition, or in other words, alternative to S9.4, a vehicle may be shall work in manual mode until the the fatality chance under ‘dark but equipped with a semiautomatic means fault is corrected. lighted’ condition is approximately 54% of switching between lower and upper S9.4.1.6.3 The system must be (2.70/5.00 = 0.53) of the fatality chance beams that complies with 9.4.1.1 though designed to conform to the photometry of ’dark’ condition. This analysis seems S9.4.1.4 and either 9.4.1.5 or 9.4.1.6. to indicate an improvement of light S9.4.1.1 Operating instructions. requirements of Table XIX–d when conditions could be helpful for Each semiautomatic headlamp tested according to the procedure of improving and reducing fatality switching device must include S14.9.3.12, and, for replaceable bulb probability. With a higher speed limit operating instruction to permit a driver headlighting systems, when using any (+5 MPH), the pedestrian/cyclist fatality to operate the device correctly replaceable light source designated for chance is 51% higher (OR = 1.51) including; how to turn the automatic use in the system under test. approximately. Drinking may result in control on and off, how to adjust the S9.4.1.6.4 When the system is 2.0 times fatality rate. provided sensitivity control, and any producing an upper beam, the system must be designed to conform to the List of Subjects in 49 CFR Part 571 other specific instructions applicable to the particular device. photometry requirements of Table XVIII Motor vehicle safety, Reporting and S9.4.1.2 Manual override. The as specified in Table II for the specific recordkeeping requirements, Rubber device must include a means headlamp unit and aiming method, and rubber products. convenient to the driver for switching to when tested according to the procedure of S14.2.5, and, for replaceable bulb Proposed Regulatory Text the opposite beam from the one provided. headlighting systems, when using any In consideration of the foregoing, 49 S9.4.1.3 Fail safe operation. A replaceable light source designated for CFR part 571 is proposed to be amended failure of the automatic control portion use in the system under test. as set forth below. of the device must not result in the loss S9.4.1.6.5 For vehicle speeds below of manual operation of both upper and 25 mph, the system must produce a PART 571—FEDERAL MOTOR lower beam (unless overridden by the VEHICLE SAFETY STANDARDS lower beams. S9.4.1.4 Automatic dimming manual operator according to S9.4.1.1) ■ indicator. There must be a convenient designed to conform to the photometric 1. The authority citation for part 571 intensity requires of Table XIX–a, XIX– of title 49 continues to read as follows: means of informing the driver when the device is controlling the headlamps b, or XIX–c as specified in Table II for Authority: 49 U.S.C. 322, 30111, 30115, automatically. For systems certified to the specific headlamp unit and aiming 30117, 30166; delegation of authority at 49 method, when tested according to the CFR 1.95. Option 1, the device shall not affect the function of the upper beam indicator procedure of S14.2.5, and, for ■ 2. Amend § 571.108 by: light. replaceable bulb headlighting systems, ■ a. Revising paragraphs S9.4.1, S9.4.1.5—Option 1 (Semiautomatic when using any replaceable light source S9.4.1.1, S9.4.1.2, S9.4.1.3, S9.4.1.4, and Headlamp Beam Switching Devices) designated for use in the system under S9.4.1.5; S9.4.1.5.1 Lens accessibility. The test. ■ b. Adding paragraphs S9.4.1.5.1 device lens must be accessible for S9.4.1.6.6 When the system is through S9.4.1.5.3 in numerical order; cleaning when the device is installed on producing a lower beam with an area of ■ c. Revising paragraph S9.4.1.6; a vehicle. reduced light intensity designed to be ■ d. Adding paragrpahs S9.4.1.6.1 S9.4.1.5.2 Mounting height. The directed towards oncoming or preceding through S9.4.1.6.8 in numerical order; center of the device lens must be vehicles, and an area of unreduced ■ e. Removing S9.4.1.7; mounted no less than 24 in. above the intensity in other directions, the system ■ f. Revising paragraph S9.5; road surface. must be designed to conform to the ■ g. Adding paragraphs S14.9.3.12 S9.4.1.5.3 Physical tests. Each photometric intensity requirements of through S14.9.3.12.8.1, tables XIX–d semiautomatic headlamp beam Table XIX–a, XIX–b, or XIX–c as

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51810 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

specified in Table II for the specific system are activated. The upper beam the aperture of the meter resides is headlamp unit and aiming method, headlamp indicator is not required to be perpendicular to the longitudinal axis of when tested according to the procedure activated when an Adaptive Driving the stimulus vehicle and facing forward of S14.2.5, and, for replaceable bulb Beam System is activated. or rearward according to the test. headlighting systems, when using any * * * * * S14.9.3.12.3.2 Placement of replaceable light source designated for S14.9.3.12 Test for compliance with photometers to measure glare to use in the system under test, within the adaptive driving beam photometry oncoming vehicles. area of reduced intensity. requirements. S14.9.3.12.3.2.1 Longitudinal S9.4.1.6.7 When the system is S14.9.3.12.1 Stimulus Vehicles. position. The photometer shall be producing a lower beam with an area of There shall be one stimulus vehicle positioned outside the vehicle, forward reduced light intensity designed to be equipped with photometers to measure of the windshield and rearward of the directed towards oncoming or preceding the light emitted by the ADB-equipped headlamps. vehicles, and an area of unreduced vehicle being tested (test vehicle). The S14.9.3.12.3.2.2 Lateral position. intensity in other directions, the system stimulus vehicle may be of any of the The photometer shall be positioned must be designed to conform to the vehicle types defined in 49 CFR 571.3 between and including the vehicle photometric intensity requirements of (excluding trailers, motor-driven cycles, longitudinal centerline over to the Table XVIII as specified in Table II for and low-speed vehicles) and shall be driver’s side A-pillar. the specific headlamp unit and aiming certified as conforming to all applicable S14.9.3.12.3.2.3 Vertical position. method, when tested according to the FMVSS, be from any of the five model The photometer shall be positioned procedure of S14.2.5, and, for years prior to the model year of the test between the bottom of the windshield replaceable bulb headlighting systems, vehicle, and be a vehicle on which it is and the top of the windshield subject to when using any replaceable light source possible to locate a photometer to the lower and upper bounds specified in designated for use in the system under measure oncoming glare as specified in Table XXI. test, within the area of unreduced S14.9.3.12.3. S14.9.3.12.3.2.4 If it is not possible intensity. S14.9.3.12.2 Photometers. to so position the photometer, the S9.4.1.6.8 When the ADB system is S14.9.3.12.2.1 The photometer must vehicle is not eligible as a stimulus activated, the lower beam may be be capable of a minimum measurement vehicle. provided by any combination of unit of 0.01 lux. S14.9.3.12.3.3 Placement of headlamps or light sources, provided S14.9.3.12.2.2 The illuminance photometers to measure glare to there is a parking lamp. If parking lamps values from the photometers shall be preceding vehicles. Photometers may be meeting the requirements of this collected at a rate of at least 200 Hz. positioned at any location on the standard are not installed, the ADB Multiple photometers (or photometric driver’s side outside rearview mirror system may be provided using any receptor heads) may be used provided and/or the passenger’s side outside combination of headlamps but must that they satisfy the requirements of rearview mirror, and/or outside the include the outermost installed S14.9.3.12.3. vehicle, directly outside the rear headlamps to show the overall width of S14.9.3.12.3 Photometer Placement. window, horizontally and vertically the vehicle. The photometers are placed in positions centered with respect to the inside * * * * * that are free from shadows and rearview mirror. S9.5 Upper beam headlamp reflections from the stimulus vehicle’s S14.9.3.12.4 Test road. indicator. Each vehicle must have a surface during the test. S14.9.3.12.4.1 Test Scenario means for indicating to the driver when S14.9.3.12.3.1 The photometer is Geometry. Test scenarios shall involve the upper beams of the headlighting oriented such that the plane in which straight roads and curved roads.

ADB TEST MATRIX

Stimulus Test vehicle Radius of Test matrix No. vehicle speed speed curve Superelevation (mph) (mph) (ft.) (%)

1 ...... 60–70 60–70 Straight 0–2 2 ...... 0 60–70 Straight 0–2 3 ...... 40–45 60–70 Straight 0–2 4 ...... 60–70 40–45 Straight 0–2 5 ...... 25–30 25–30 320–380 0–2 6 ...... 0 25–30 320–380 0–2 7 ...... 40–45 40–45 730–790 0–2 8 ...... 0 40–45 730–790 0–2 9 ...... 30–35 40–45 730–790 0–2 10 ...... 40–45 30–35 730–790 0–2 11 ...... 50–55 50–55 1,100–1,300 0–2 12 ...... 50–55 40–45 1,100–1,300 0–2 13 ...... 40–45 50–55 1,100–1,300 0–2

S14.9.3.12.4.2 The curves shall be of S14.9.3.12.4.4 The lane width shall than the mounting height of the a constant radius within the range listed be from 3.05 m (10 ft.) to 3.66 m (12 ft.) stimulus vehicle’s headlamps. in the ADB test matrix table. S14.9.3.12.4.6 The lanes shall be S14.9.3.12.4.7 The tests are S14.9.3.12.4.3 The test road shall adjacent, but may have a median of up conducted on a dry, uniform, solid- have a longitudinal grade (slope) that to 6.1 m (20 ft.) wide, and shall not have paved surface. The road surface shall does not exceed 2%. any barrier taller than 0.3 m (12 in.) less

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51811

have an International Roughness Index S14.9.3.12.4.9 The test road surface S14.9.3.12.5 Test Scenarios. (IRI) of less than 1.5 m/km. may have pavement markings, and shall S14.9.3.12.5.1 The scenarios S14.9.3.12.4.8 The road surface may be free of retroreflective material or specified in the table below, and as be concrete or asphalt, and shall not be elements that affect the outcome of the illustrated in Figures 23, 24, and 25, bright white. test. may be tested:

ADB TEST ORIENTATION

Measurement Direction Lane orientation/maneuver Test matrix No. distance (m)

Oncoming ...... Adjacent ...... 1, 2, 5, 6, 7, 8, 11 ...... 15 to 220. Same Direction ...... Same Lane ...... 1, 5, 7, 11 ...... 30 to 119.9. Same Direction ...... Adjacent/Passing ...... 2, 3, 6, 8, 9, 13 ...... 15 to 119.9. Same Direction ...... Adjacent/Passing ...... 4, 10, 12 ...... 30 to 119.9.

S14.9.3.12.5.2 For each of the test S14.9.3.12.7.1.5 To the extent maximum illuminance values in Table runs that include a passing maneuver, practicable, ADB sensors and the XIX–d. the faster vehicle will be located in the windshield on the test vehicle (if an S14.9.3.12.8.1 The maximum left adjacent lane throughout the test ADB sensor is behind the windshield) illuminance will be the single highest run (See Fig. 25). shall be clean and free of dirt and illuminance recorded within the S14.9.3.12.5.3 For each of the test debris. distance range excluding momentary runs that include a curve, the test S14.9.3.12.7.1.6 The headlamps vehicle must meet the compliance lenses of the stimulus vehicle and the spikes above the limits lasting no longer criteria specified in S14.9.3.12.8 test vehicles shall be clean and free from than 0.1 sec. or over a distance range of anywhere along the curve. dirt and debris. no longer that 1 meter. S14.9.3.12.5.4 The measurement S14.9.3.12.7.2 Prior to the start of * * * * * distance is the linear distance measured each test, the photometers will be from the intersection of a horizontal zeroed in the orientation (with respect TABLE XIX–d—ADAPTIVE DRIVING plane through the headlamp light to the surroundings) in which the test BEAM PHOTOMETRY REQUIREMENTS 1 sources, a vertical plane through the scenario will be conducted. For tests headlamp light sources and a vertical conducted on curves with ambient light Maximum Maximum plane through the vehicle’s centerline to illuminance sources such as the moon or Range oncoming illuminance the forward most point of the relevant (m) same direction infrastructure lighting that cannot be direction (lux) photometric receptor head mounted on eliminated, the photometers will be (lux) the stimulus vehicle. zeroed in the direction of maximum 15.0 to 29.9 ...... 3.1 18.9 S14.9.3.12.6 Test conditions. ambient light. The vehicle lighting on S14.9.3.12.6.1 Testing shall be 30.0 to 59.9 ...... 1.8 18.9 the stimulus vehicle shall be in the 60 to 119.9 ...... 0.6 4.0 conducted on dry pavement and with same state as it will be during the test. 120 to 220 ...... 0.3 4.0 no precipitation. S14.9.3.12.7.3 The ADB system shall S14.9.3.12.6.2 Testing shall be 1 For purposes of determining conformance with be activated according to the these specifications, an observed value or a cal- conducted only when the ambient manufacturer’s instructions. culated value shall be rounded to the nearest 0.1 lux, illumination at the test road as recorded in accordance with the rounding method of ASTM S14.9.3.12.7.4 For each test run, a by the photometers is at or below 0.2 Practice E29 Using Significant Digits in Test Data to speed that conforms to the ADB test Determine Conformance with Specifications. lux. S14.9.3.12.7 Test Procedures. matrix table will be selected for each * * * * * vehicle. The vehicle will achieve this S14.9.3.12.7.1 Vehicle preparation. ± S14.9.3.12.7.1.1 Tires on the speed 0.45 m/s (1 mph) prior to TABLE XXI—VERTICAL POSITION reaching the data measurement distance stimulus and the test vehicles are RANGES FOR PHOTOMETER USED specified in the ADB test orientation inflated to the manufacturer’s TO MEASURE ONCOMING GLARE recommended cold inflation pressure table and maintain it within the range ± specified in the test matrix table 6895 pascal (1 psi). If more than one Lower Upper recommendation is provided, the tires throughout the remainder of the test. Vehicle type bound bound are inflated to the lightly loaded During each test run, once the test speed (weight class) (m) (m) condition. is achieved and maintained, no sudden S14.9.3.12.7.1.2 The fuel tanks of acceleration or braking shall occur. Passenger Cars ...... 1.07 1.15 the stimulus and the test vehicles are S14.9.3.12.7.5 All vehicles shall be Trucks, buses, MPVs filled to approximately 100% of driven within the lane and will not (light) ...... 1.26 1.58 capacity with the appropriate fuel and change lanes during the data collection Trucks, buses, MPVs maintained to at least 75% percent potion of the test. (heavy) ...... 1.99 2.67 capacity throughout the testing. S14.9.3.12.7.6 The illuminance Motorcycles ...... 1.30 1.66 S14.9.3.12.7.1.3 Headlamps on the values for each photometer and the ‘‘Light’’ means vehicles with a GVWR of stimulus and test vehicles shall be measurement distance shall be recorded 10,000 lb. or less. ‘‘Heavy’’ means vehicles aimed according to the manufacturer’s and synchronized. with a GVWR of more than 10,000 lb. instructions. S14.9.3.12.8 Compliance Criteria. Heights are measured from the ground. S14.9.3.12.7.1.4 The ADB system The maximum illuminance, as * * * * * shall be adjusted according to the calculated according to S14.9.3.12.8.1, manufacturer’s instructions. shall not exceed the applicable

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 51812 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules

Figure 23

Adjacent Lane Oncoming

------...

Figure 24

Same Lane I Same Direction

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4725 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.012 EP12OC18.013 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Proposed Rules 51813

Issued in Washington, DC, under authority delegated in 49 CFR 1.95 and 501.5. Heidi Renate King, Deputy Administrator. [FR Doc. 2018–21853 Filed 10–11–18; 8:45 am] BILLING CODE 4910–59–P

VerDate Sep<11>2014 20:34 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00049 Fmt 4701 Sfmt 9990 E:\FR\FM\12OCP2.SGM 12OCP2 khammond on DSK30JT082PROD with PROPOSAL10 EP12OC18.014 i

Reader Aids Federal Register Vol. 83, No. 198 Friday, October 12, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 3 CFR Proposed Rules Presidential Documents 2...... 50533 Executive orders and proclamations 741–6000 Proclamations: 431...... 49501 The United States Government Manual 741–6000 9791...... 50241 9792...... 50243 12 CFR Other Services 9793...... 50245 Electronic and on-line services (voice) 741–6020 9794...... 50247 45...... 50805 201...... 49472 Privacy Act Compilation 741–6050 9795...... 50249 9796...... 50251 204...... 49473 9797...... 50253 237...... 50805 ELECTRONIC RESEARCH 9798...... 50803 349...... 50805 9799...... 51299 624...... 50805 World Wide Web 9800...... 51613 1221...... 50805 1231...... 49987 Full text of the daily Federal Register, CFR and other publications 9801...... 51615 is located at: www.govinfo.gov. 9802...... 51621 Proposed Rules: Administrative Orders: 30...... 50046 Federal Register information and research tools, including Public Memorandums: 722...... 49857 Inspection List and electronic text are located at: Memorandum of 1083...... 51653 www.federalregister.gov. September 10, 14 CFR E-mail 2018 ...... 50237 Presidential 29...... 51623, 51624 FEDREGTOC (Daily Federal Register Table of Contents Electronic Determinations: 39 ...... 49265, 49269, 49272, Mailing List) is an open e-mail service that provides subscribers No. 2018–12 of 49275, 49475, 49780, 49784, with a digital form of the Federal Register Table of Contents. The September 11, 49786, 49789, 49791, 49793, digital form of the Federal Register Table of Contents includes 2018 ...... 50239 50477, 50479, 50482, 50814, HTML and PDF links to the full text of each document. No. 2019–02 of 50816, 50818, 50821, 51304, To join or leave, go to https://public.govdelivery.com/accounts/ October 5, 2018 ...... 51617 51313 USGPOOFR/subscriber/new, enter your email address, then No. 2019–03 of 71 ...... 49277, 49482, 49483, follow the instructions to join, leave, or manage your October 5, 2018 ...... 51619 50255, 50256, 50823, 51315 subscription. 5 CFR Proposed Rules: 21...... 50536 PENS (Public Law Electronic Notification Service) is an e-mail 9800...... 49769 service that notifies subscribers of recently enacted laws. 39 ...... 49317, 50047, 50537, 7 CFR 50539, 50860, 50862 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 71...... 49506, 50050 and select Join or leave the list (or change settings); then follow 51...... 50475 the instructions. 318...... 49987 15 CFR 319...... 49987 FEDREGTOC and PENS are mailing lists only. We cannot 400...... 51301 902...... 49994 respond to specific inquiries. 945...... 49776 Reference questions. Send questions and comments about the 1400...... 49459 16 CFR Federal Register system to: [email protected] 1416...... 49459 410...... 50484 The Federal Register staff cannot interpret specific documents or Proposed Rules: Proposed Rules: regulations. 56...... 50527 1130...... 50542 62...... 50527 70...... 50527 17 CFR FEDERAL REGISTER PAGES AND DATE, OCTOBER 226...... 50038 210...... 50148 49265–49458...... 1 810...... 49498 229...... 50148 905...... 49499 49459–49768...... 2 230...... 50148 920...... 49312 49769–49986...... 3 239...... 50148 985...... 50527 240...... 50148 49987–50254...... 4 986...... 50531 50255–50474...... 5 249...... 50148 1212...... 49314 274...... 50148 50475–50802...... 9 50803–51300...... 10 8 CFR Proposed Rules: 210...... 49630 51301–51620...... 11 Proposed Rules: 229...... 49630 51621–51814...... 12 103...... 51114 212...... 51114 239...... 49630 213...... 51114 240...... 49630, 50297 214...... 51114 249...... 49630 245...... 51114 248...... 51114 18 CFR Proposed Rules: 10 CFR 2...... 51654 52...... 51304 38...... 51654

VerDate Sep 11 2014 21:52 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\12OCCU.LOC 12OCCU khammond on DSK30JT082PROD with FR-CU ii Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Reader Aids

20 CFR 117 ...... 49278, 49279, 49280, 721 ...... 49295, 49806, 50838, 560...... 50290 Proposed Rules: 50007, 50259, 51628 51360 404...... 51400 165 ...... 49281, 49283, 50260, Proposed Rules: 47 CFR 408...... 51400 50262, 50503, 51334, 51336, 52 ...... 49330, 49509, 49870, 73...... 50035 416...... 51400 51338, 51628 49872, 49894, 50052, 50312, Proposed Rules: 50314, 50548, 50551, 50865, 48 CFR 21 CFR 165...... 50310, 50545 50867, 51403 801...... 49302 62...... 49897 172...... 50487, 50490 36 CFR 811...... 49302 177...... 50490 70...... 49509 832...... 49302 573...... 49485 242...... 50758 81...... 50556 852...... 49302 1007...... 50826 Proposed Rules: 82...... 49332 870...... 49302 1008...... 50826 86...... 49344 573...... 49508 Proposed Rules: 1009...... 50826 271...... 49900, 50869 232...... 50052 1011...... 50826 721...... 49903, 50872 22 CFR 242...... 50052 Proposed Rules: 5...... 50823 42 CFR 252...... 50052 121...... 50003 242...... 49322 411...... 49832 123...... 50003 49 CFR 37 CFR 412...... 49832 Proposed Rules: 23 CFR 42...... 51340 413...... 49832, 49836 424...... 49832, 49836 10...... 50053 658 Appendix C...... 49487 38 CFR 495...... 49836 395...... 50055 555...... 50872 24 CFR 36...... 50506 Proposed Rules: 405...... 49513 571...... 50872, 51766 570...... 50257 39 CFR 423...... 49513 591...... 50872 1152...... 50326 26 CFR 111...... 51359 3050...... 49286 44 CFR 50 CFR 1 ...... 50258, 50864, 51072 Ch. I ...... 49302 40 CFR 100...... 50758 29 CFR 64...... 50289 9 ...... 49295, 49806, 50838, 622...... 50295, 51390 4001...... 49799 51360 45 CFR 635...... 50857, 51391 4022...... 49799 52 ...... 49295, 49297, 49298, 102...... 51369 660...... 50510 4043...... 49799 49300, 49492, 49826, 50007, 665...... 49495 4044...... 49799 50010, 50012, 50014, 50018, 46 CFR 679 ...... 49496, 49497, 49994, Proposed Rules: 50022, 50024, 50264, 50266, 502...... 50290 50036, 51399 541...... 49869 50271, 50274, 50506, 50849, 503...... 50290 Proposed Rules: 50851, 50854, 51361, 51366, 515...... 50290 17 ...... 50560, 50574, 50582, 31 CFR 51629 520...... 50290 50610, 51418, 51570 800...... 51316 70...... 49300 530...... 50290 100...... 49322 801...... 51322 81...... 50024 535...... 50290 622...... 50056, 51424 82...... 50026 540...... 50290 648...... 50059 33 CFR 141...... 51636 550...... 50290 697...... 50061 100...... 49489, 51625 180...... 50284 555...... 50290 698...... 51426

VerDate Sep 11 2014 21:52 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\12OCCU.LOC 12OCCU khammond on DSK30JT082PROD with FR-CU Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Reader Aids iii

pamphlet) form from the S. 2554/P.L. 115–263 listserv.gsa.gov/archives/ Superintendent of Documents, Patient Right to Know Drug publaws-l.html LIST OF PUBLIC LAWS U.S. Government Publishing Prices Act (Oct. 10, 2018; 132 Office, Washington, DC 20402 This is a continuing list of Stat. 3672) Note: This service is strictly (phone, 202–512–1808). The public bills from the current Last List October 11, 2018 text will also be made for E-mail notification of new session of Congress which laws. The text of laws is not have become Federal laws. available on the Internet from GPO’s Federal Digital System Public Laws Electronic available through this service. This list is also available PENS cannot respond to online at http:// (FDsys) at http://www.gpo.gov/ Notification Service specific inquiries sent to this www.archives.gov/federal- fdsys. Some laws may not yet (PENS) register/laws. be available. address. The text of laws is not S. 2553/P.L. 115–262 PENS is a free electronic mail published in the Federal Know the Lowest Price Act of notification service of newly Register but may be ordered 2018 (Oct. 10, 2018; 132 Stat. enacted public laws. To in ‘‘slip law’’ (individual 3670) subscribe, go to http://

VerDate Sep 11 2014 21:52 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\12OCCU.LOC 12OCCU khammond on DSK30JT082PROD with FR-CU