Vol. 82 Friday, No. 169 September 1, 2017
Pages 41501–41824
OFFICE OF THE FEDERAL REGISTER
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Contents Federal Register Vol. 82, No. 169
Friday, September 1, 2017
Agriculture Department PROPOSED RULES See Food Safety and Inspection Service Small-Scale Natural Gas Exports, 41570–41577 See Forest Service NOTICES Meetings: Centers for Medicare & Medicaid Services Advanced Scientific Computing Advisory, 41617–41618 NOTICES Environmental Management Site-Specific Advisory Medicare Program: Board, Hanford, 41616–41617 Recognition of Revised National Association of Insurance Environmental Management Site-Specific Advisory Commissioners Model Standards for Regulation of Board, Nevada, 41617 Medicare Supplemental Insurance, 41684–41823 Engineers Corps Civil Rights Commission NOTICES NOTICES Meetings: Meetings: Great Lakes and Mississippi River Interbasin Study: Texas Advisory Committee, 41594 Brandon Road Draft Integrated Feasibility Study and Environmental Impact Statement, Will County, IL, Coast Guard 41615–41616 RULES Drawbridge Operations: Environmental Protection Agency Narrow Bay, Brookhaven, NY, 41520 RULES Willamette River at Portland, OR, 41519 Air Quality State Implementation Plans; Approvals and Willamette River, Portland, OR, 41520 Promulgations: Safety Zones: Indiana; Redesignation of Indiana Portion of Cincinnati- Delaware River, Philadelphia, PA, 41521–41523 Hamilton, OH-IN-KY Area to Attainment of 1997 NOTICES Annual Standard for Fine Particulate Matter, 41527– Meetings: 41529 National Maritime Security Advisory Committee, 41633– Rhode Island; Reasonably Available Control Technology 41634 got US Watercraft, LLC; Withdrawal of Direct Final Rule, 41526–41527 Commerce Department NOTICES See First Responder Network Authority Agency Information Collection Activities; Proposals, See International Trade Administration Submissions, and Approvals: See National Oceanic and Atmospheric Administration NOX Budget Trading Program to Reduce Regional See National Telecommunications and Information Transport of Ozone, 41620–41621 Administration Environmental Impact Statements; Availability, etc.: Commodity Futures Trading Commission Weekly Receipts, 41621 NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals: RULES Reparations Complaint, 41614–41615 Airworthiness Directives: General Electric Company Turbofan Engines, 41508– Copyright Royalty Board 41511 PROPOSED RULES NOTICES Distributions: Airworthiness Directives: 2009, 2010, and 2011 Digital Audio Recording General Electric Company Turbofan Engines, 41577– Technology Royalty Funds for Musical Works Funds, 41579 NOTICES 41663–41664 Petitions for Exemptions; Summaries: Defense Department Vincenzo Tassi Martins: Child Restraint System, 41675 See Engineers Corps Federal Communications Commission Education Department RULES NOTICES First Amendment to Collocation Agreement, 41529–41530 Agency Information Collection Activities; Proposals, Promoting Spectrum Access for Wireless Microphone Submissions, and Approvals: Operations, 41549–41562 Corrective Action Plan, 41616 Uniform License Renewal, Discontinuance of Operation, and Geographic Partitioning and Spectrum Energy Department Disaggregation Rules and Policies for Certain Wireless See Federal Energy Regulatory Commission Radio Services, 41530–41549 RULES PROPOSED RULES Safeguarding of Restricted Data by Access Permittees, Promoting Spectrum Access for Wireless Microphone 41503–41508 Operations, 41583–41586
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Uniform License Renewal, Discontinuance of Operation, West Virginia Resource Advisory Committee, 41591 and Geographic Partitioning and Spectrum Wrangell-Petersburg Resource Advisory Committee, Disaggregation Rules and Policies for Certain Wireless 41589–41590 Radio Services, 41580–41583 Requests for Nominations: NOTICES Forestry Research Advisory Council, 41587–41588 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41622–41623 Health and Human Services Department Meetings: See Centers for Medicare & Medicaid Services Advisory Committee, Diversity and Digital See Food and Drug Administration Empowerment, 41623–41624 See Health Resources and Services Administration Consumer Advisory Committee, 41621–41622 See National Institutes of Health See Substance Abuse and Mental Health Services Federal Energy Regulatory Commission Administration NOTICES Agency Information Collection Activities; Proposals, Health Resources and Services Administration Submissions, and Approvals, 41618–41619 NOTICES Combined Filings, 41620 National Vaccine Injury Compensation Program: Termination of Delegation of Further Authority to Staff Due List of Petitions Received, 41627–41629 to Reestablishment of Quorum, 41619 Homeland Security Department First Responder Network Authority See Coast Guard NOTICES Environmental Impact Statements; Availability, etc.: Housing and Urban Development Department Central Region of Nationwide Public Safety Broadband NOTICES Network, 41594–41595 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fish and Wildlife Service Evaluation of HUD Youth Homelessness Demonstration NOTICES Project Evaluation, 41635–41637 Endangered and Threatened Species: Rent Schedule: Low Income Housing, 41634–41635 Permit Applications, 41645–41646 Fair Market Rents: Food and Drug Administration Fiscal Year 2018; Housing Choice Voucher Program, NOTICES Moderate Rehabilitation Single Room Occupancy Determinations that Products were Not Withdrawn from Program, and Other Programs; Adoption of Sale for Reasons of Safety or Effectiveness: Methodology Changes for Estimating, 41637–41645 NIZORAL (Ketoconazole) Tablets, 200 Milligrams, 41624 Interior Department Guidance: Electronic Study Data Submission; Data Standards; See Fish and Wildlife Service Support End Date for Study Data Tabulation Model See Land Management Bureau Version 1.2, Implementation Guide Version 3.1.2, See National Park Service NOTICES and Implementation Guide Version 3.1.2, Meetings: Amendment 1, 41624–41625 Exxon Valdez Oil Spill Public Advisory Committee, Procedures for Meetings of Medical Devices Advisory 41646–41647 Committee, 41626–41627 Royalty Policy Committee, 41646 Food Safety and Inspection Service International Trade Administration RULES Changes to the Inspection Coverage in Official NOTICES Establishments That Slaughter Fish of the Order Antidumping or Countervailing Duty Investigations, Orders, Siluriformes, 41501–41503 or Reviews: Certain Cased Pencils from the People’s Republic of Foreign Assets Control Office China, 41608–41609 NOTICES Certain Uncoated Groundwood Paper from Canada, Blocking or Unblocking of Persons and Properties, 41680 41603–41607 Sanctions Actions, 41680–41681 Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal, Forest Service 41610–41611 NOTICES Foundry Coke Products from the People’s Republic of Meetings: China, 41598–41599 Central Montana Resource Advisory Committee, 41588– High Pressure Steel Cylinders from the People’s Republic 41589, 41593–41594 of China, 41607–41608 Fremont and Winema Resource Advisory Committee, Opportunity to Request Administrative Review, 41595– 41591–41592 41598 Fresno and Madera Counties Resource Advisory Determinations of Sales at Less Than Fair Value: Committees, 41592–41593 Certain Softwood Lumber Products from Canada, 41609– Ketchikan Resource Advisory Committee, 41587 41610 Plumas County Resource Advisory Committee, 41588 Initiation of Less-Than-Fair-Value Investigations: Snohomish-South Mt. Baker-Snoqualmie Resource Certain Uncoated Groundwood Paper from Canada, Advisory Committee, 41589–41593 41599–41603
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International Trade Commission National Foundation on the Arts and the Humanities NOTICES See National Endowment for the Arts Antidumping or Countervailing Duty Investigations, Orders, or Reviews: National Highway Traffic Safety Administration Certain Polyester Staple Fiber from China, 41654–41656 NOTICES Pure Magnesium from China, 41651–41654 Petitions for Decisions of Inconsequential Noncompliance: Investigations; Determinations, Modifications, and Rulings, Jaguar Land Rover North America, LLC, 41677–41678 etc.: Michelin North America, Inc., 41678–41680 Titanium Sponge from Japan and Kazakhstan, 41656– 41657 National Institutes of Health Meetings; Sunshine Act, 41651 NOTICES Meetings: Justice Department Center for Scientific Review, 41629 NOTICES National Cancer Institute, 41630–41631 Agency Information Collection Activities; Proposals, National Eye Institute, 41631 Submissions, and Approvals: National Institute of Diabetes and Digestive and Kidney Dispensing Records of Individual Practitioners, 41658– Diseases, 41629–41630 41659 National Institute of Environmental Health Sciences, Proposed Consent Decrees: 41630 CERCLA, 41657–41658 National Institute of Mental Health, 41631–41632
Labor Department National Oceanic and Atmospheric Administration NOTICES RULES Agency Information Collection Activities; Proposals, Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Submissions, and Approvals: Atlantic Migratory Group Cobia; Commercial Family and Medical Leave Act, Wave 4 Surveys, 41660– Accountability Measures and Closure, 41563–41564 41661 Fisheries of Exclusive Economic Zone Off Alaska: Notice of Alleged Safety or Health Hazards, 41659 Inseason Adjustment to 2017 Gulf of Alaska Pollock Notice of Recurrence, 41662–41663 Seasonal Apportionments, 41567–41568 Occupational Safety and Health Administration Grantee Fisheries of Exclusive Economic Zone off Alaska: Quarterly Progress Report, 41661–41662 Pacific Ocean Perch in Central Regulatory Area of Gulf of Underground Construction Standard, 41659–41660 Alaska, 41568–41569 Fisheries of Northeastern United States: Land Management Bureau Magnuson-Stevens Fishery Conservation and NOTICES Management Act Provisions; Northeast Groundfish Environmental Impact Statements; Availability, etc.: Fishery; Fishing Year 2017; Emergency Removal of Proposed Greater Phoenix Project, Lander County, NV, Southern Windowpane Accountability Measures, 41647–41648 41564–41567 License Applications: International Fisheries: WYW185631, Wyoming; Coal Exploration; Invitation to Pacific Tuna Fisheries; 2017 Bigeye Tuna Longline Participate, 41647 Fishery Closure in Eastern Pacific Ocean, 41562– 41563 Library of Congress NOTICES See Copyright Royalty Board Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41611–41613 Maritime Administration Meetings: NOTICES Fisheries of the South Atlantic; South Atlantic Fishery Agency Information Collection Activities; Proposals, Management Council, 41613 Submissions, and Approvals: New England Fishery Management Council, 41611 Automated Mutual Assistance Vessel Rescue System, North Pacific Fishery Management Council, 41612–41614 41676 Generic Clearance for the Collection of Qualitative National Park Service Feedback on Agency Service Delivery, 41676–41677 NOTICES Title XI Obligation Guarantees, 41675–41676 National Register of Historic Places: Pending Nominations and Related Actions, 41648–41651 Millennium Challenge Corporation NOTICES National Science Foundation Report on Countries That Are Candidates for Millennium NOTICES Challenge Account Eligibility in Fiscal Year 2018 and Agency Information Collection Activities; Proposals, Countries That Would Be Candidates But For Legal Submissions, and Approvals, 41667–41669 Prohibitions, 41664–41666 National Telecommunications and Information National Endowment for the Arts Administration NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Environmental Impact Statements; Availability, etc.: Generic Clearance for Collection of Qualitative Feedback Central Region of Nationwide Public Safety Broadband on Agency Service Delivery, 41666–41667 Network, 41594–41595
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Nuclear Regulatory Commission Transportation Department NOTICES See Federal Aviation Administration Meetings: See Maritime Administration Advisory Committee on Reactor Safeguards, 41669–41670 See National Highway Traffic Safety Administration
Securities and Exchange Commission Treasury Department NOTICES See Foreign Assets Control Office Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 41670– 41673 Veterans Affairs Department RULES Small Business Administration Supportive Services for Veteran Families Program, 41523– NOTICES 41526 Disaster Declarations: PROPOSED RULES Texas, 41673 VA Veteran-Owned Small Business Verification Guidelines, 41579–41580 State Justice Institute NOTICES NOTICES Enhanced-Use Leases of Real Property: Meetings: Brecksville, OH, 41681–41682 Board of Directors, 41674 Meetings: Advisory Committee on Women Veterans, 41681 Substance Abuse and Mental Health Services Administration Separate Parts In This Issue NOTICES List of Certified Laboratories and Instrumented Initial Testing Facilities that Meet Minimum Standards to Part II Engage in Urine Drug Testing for Federal Agencies, Health and Human Services Department, Centers for 41632–41633 Medicare & Medicaid Services, 41684–41823
Surface Transportation Board NOTICES Reader Aids Continuances in Control; Exemptions: Consult the Reader Aids section at the end of this issue for Savage Services Corp.; Savage Davenport Railroad Co., phone numbers, online resources, finding aids, and notice 41674–41675 of recently enacted public laws. Lease and Operation Exemptions: Savage Davenport Railroad Co.; Davenport, IA, 41674 To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Tennessee Valley Authority accounts/USGPOOFR/subscriber/new, enter your e-mail RULES address, then follow the instructions to join, leave, or Freedom of Information Act, 41511–41519 manage your subscription.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
9 CFR 622...... 41563 300...... 41501 648...... 41564 441...... 41501 679 (2 documents) ...... 41567, 530...... 41501 41568 531...... 41501 532...... 41501 533...... 41501 534...... 41501 537...... 41501 539...... 41501 540...... 41501 541...... 41501 544...... 41501 548...... 41501 550...... 41501 552...... 41501 555...... 41501 557...... 41501 559...... 41501 560...... 41501 561...... 41501 10 CFR 1016...... 41503 Proposed Rules: 590...... 41570 14 CFR 39...... 41508 Proposed Rules: 39...... 41577 18 CFR 1301...... 41511 33 CFR 117 (3 documents) ...... 41519, 41520 165...... 41521 38 CFR 62...... 41523 Proposed Rules: 74...... 41579 40 CFR 52 (2 documents) ...... 41526, 41527 81...... 41527 47 CFR 1 (2 documents) ...... 41529, 41530 2...... 41549 15...... 41549 22...... 41530 24...... 41530 27...... 41530 30...... 41530 74 (2 documents) ...... 41530, 41549 80...... 41530 87...... 41549 90 (2 documents) ...... 41530, 41549 95...... 41530 101...... 41530 Proposed Rules: 1...... 41580 22...... 41580 24...... 41580 27...... 41580 30...... 41580 74 (2 documents) ...... 41580, 41583 80...... 41580 90...... 41580 95...... 41580 101...... 41580 50 CFR 300...... 41562
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Rules and Regulations Federal Register Vol. 82, No. 169
Friday, September 1, 2017
This section of the FEDERAL REGISTER ‘‘fish’’ to mean all fish of the order Comments and FSIS Responses contains regulatory documents having general Siluriformes. FSIS received eight comments in applicability and legal effect, most of which are keyed to and codified in the Code of Specifically, the final rule established response to its announced plans to Federal Regulations, which is published under regulations to implement the provisions adjust inspection coverage at official 50 titles pursuant to 44 U.S.C. 1510. of the 2008 and 2014 Farm Bills, which fish slaughter establishments. The amended the Federal Meat Inspection comments were from two trade The Code of Federal Regulations is sold by Act (FMIA) to include fish as amenable associations, one fish establishment, the Superintendent of Documents. and to provide for their inspection by two FSIS inspectors, two consumer FSIS. In the preamble to the final rule, advocacy organizations and a foreign government. Four of the comments DEPARTMENT OF AGRICULTURE FSIS stated that during an 18-month transitional period, it would assign supported the change, agreeing that Food Safety and Inspection Service inspection program personnel to be establishments that slaughter fish are present during all hours of operation at most similar in operation and design to 9 CFR Parts 300, 441, 530, 531, 532, domestic establishments that slaughter meat processing-only establishments 533, 534, 537, 539, 540, 541, 544, 548, fish and, at the start of the period, assign and, therefore, should be inspected like 550, 552, 555, 557, 559, 560, and 561 inspection program personnel to a meat processing-only establishment, conduct inspection at processing-only as opposed to meat slaughter [Docket No. FSIS–2017–0003] facilities at least quarterly. FSIS also establishments, i.e., once per production stated that it might adjust inspection shift. Changes to the Inspection Coverage in frequency in fish slaughter The comment from the foreign Official Establishments That Slaughter establishments in the future and, that at government agreed with the rationale Fish of the Order Siluriformes the end of the 18-month transitional for the proposed change, but advocated period, inspection program personnel for even less frequent inspection of fish, AGENCY: Food Safety and Inspection owing to its position that fish products Service, USDA. would be assigned at least once per day per shift at processing-only pose little risk to the public health. As ACTION: Response to comments; establishments (80 FR 75606). stated above, amendments to the FMIA confirmation of implementation date. in 2008 and 2014 directed FSIS to On May 17, 2017, FSIS announced inspect the preparation of fish and fish SUMMARY: The Food Safety and and requested comment on its decision products. USDA has historically Inspection Service (FSIS) is confirming to adjust inspection coverage at fish interpreted the requirements in the that on September 1, 2017, it will adjust slaughter establishments, starting FMIA for inspection of meat processing inspection coverage at official September 1, 2017, from all hours of to mandate inspection at least once per establishments that slaughter fish of the operation to once per production shift production shift. Because FSIS has order Siluriformes from all hours of (82 FR 22609). This decision was based determined that operations in fish operation to once per production shift. on the Agency’s experience inspecting slaughter establishments are more like FSIS also is responding to comments official fish slaughter establishments those in meat processing-only received on the May 17, 2017 Federal since implementing the mandatory establishments, it is requiring Register document that announced inspection program on March 1, 2016. inspection at a frequency of once per these changes. FSIS found that the typical fish production shift there, as well. DATES: FSIS will adjust inspection slaughter operation is a streamlined, Several of the supportive comments coverage at official establishments that automated process that combines expressed concern that the adjustment slaughter Siluriformes fish from all slaughter with processing in the same in inspection frequency would affect an hours of operation to once per continuous operation, more like meat establishment’s approved hours of production shift, beginning September processing-only operations than like operation (typically 8-hour shifts) and 1, 2017. slaughter operations for other species charges for inspection services outside amenable to the FMIA. FOR FURTHER INFORMATION CONTACT: these hours. It will not. The regulations Rachel Edelstein, Deputy Assistant A consumer advocacy organization at 9 CFR 307.4 through 307.6, and Administrator, Office of Policy and requested that FSIS extend the comment associated FSIS policies, regarding the Program Development; Telephone: (202) period by 30 days, so as to make provision of inspection services, would 205–0495, or by Fax: (202) 720–2025. informed comments. FSIS agreed and on continue to apply to fish establishments. June 16, 2017, extended the comment Official fish establishments should Background period until July 17, 2017 (82 FR coordinate with their District Office to On December 2, 2015, FSIS amended 27680). At the conclusion of the determine hours of operation and for its regulations by publishing the final comment period, FSIS had received clarification on what activities require rule, ‘‘Mandatory Inspection of Fish of eight comments. After reviewing these inspection. the Order Siluriformes and Products comments, FSIS is affirming its plan to Comments from the two consumer Derived from Such Fish’’ (80 FR 75590). adjust inspection coverage at official advocacy organizations and from an Fish of the order Siluriformes include, fish slaughter establishments from all FSIS inspector opposed the change. One but are not limited to, ‘‘catfish’’ (fish of hours of operation to once per of the consumer advocacy organizations the family Ictaluridae) and ‘‘basa’’ and production shift, beginning September questioned the Agency’s ‘‘swai’’ (fish of the family Pangasiidae). 1, 2017. Issues raised by the comments implementation of inspection under 21 For convenience, this notice will use received and FSIS’s responses follow. U.S.C. 606, for both fish and other meat
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products, as allowing for inspection transported. The other comment cites into the United States if it is adulterated once per shift. This commenter further the number of shipments of foreign fish or misbranded or does not comply with opined that Congress, in fact, intended and fish products rejected by FSIS for all the requirements that would apply to for FSIS to ‘‘apply a greater care in import or recalled from commerce, it if it were a domestic product. inspecting catfish than with other meat because of violative residues found Therefore, because FSIS will require food products,’’ because of the addition through FSIS testing, as evidence that government inspection of fish of paragraph (b) under this section, foreign fish production, processing and preparation at least once per production which directs USDA to consider the inspection systems are inadequate. The shift, to be determined equivalent, a conditions under which fish is raised commenter suggests that inspection foreign country’s fish inspection system and transported. during all hours of operation should be must also provide government FSIS disagrees. A narrow required for foreign slaughter and inspection at least once per production interpretation of the language in 21 processing of fish intended for import to shift. FSIS sees no basis to impose U.S.C. 606, requiring that each unit of the United States. inspection requirements for imported meat product be individually inspected FSIS does consider the conditions fish that are in addition to those applied by FSIS before movement in commerce, under which imported fish are raised to domestic fish. Food safety issues with would create enormous costs without and transported through both the imported fish can be addressed through significantly increasing the effectiveness equivalence process and its testing of import reinspection, enforcement and of inspection. USDA has never imported fish and fish products. When the equivalence process. interpreted this language so narrowly in applying to export fish and fish Finally, one inspector opposed the administration of the FMIA at meat products to the United States, a foreign change in inspection frequency at fish processing-only establishments. In country’s Central Competent Authority slaughter establishments, expressing regard to the new section 21 U.S.C. (CCA) must demonstrate to FSIS that it concern that the change would result in 606(b), FSIS has determined that this ensures fish for export are raised and increased workloads for inspectors that section grants the Agency authority to transported under conditions that are currently assigned to these conduct verification activities regarding prevent product adulteration. For establishments. FSIS disagrees. The the raising or transport of fish, but does example, the CCA must provide change in inspection frequency will not address the frequency of inspection information regarding how it ensures simply place establishments that or verification activities regarding the that fish are not grown or farmed under slaughter fish into ‘‘patrol assignments’’ preparation of fish. Again, FSIS believes conditions that would cause them to be including other meat and poultry that the risks associated with fish adulterated; details of its sampling of processing establishments. The slaughter are more closely aligned with feed, fish or the body of water from inspection workload for affected meat processing, as further confirmed which the fish are harvested; and inspectors will be no different than the by explicit Congressional exemption of information on its program for ensuring workload associated with current patrol fish from the ante-mortem and post- that fish are transported under sanitary assignments of processing mortem inspection provisions of the conditions from harvest to processing establishments. FMIA. establishments. A foreign country’s When FSIS inspection program inspection program cannot be deemed USDA Nondiscrimination Statement personnel visit meat processing-only equivalent unless the CCA demonstrates No agency, officer, or employee of the establishments, they systematically that it prevents the adulteration of fish USDA shall, on the grounds of race, verify compliance with the regulatory during raising and transport. requirements. Inspectors routinely Additionally, FSIS tests fish and fish color, national origin, religion, sex, check the cleanliness of equipment and products collected during reinspection gender identity, sexual orientation, facilities, wholesomeness of incoming for chemical residues, Salmonella, and disability, age, marital status, family/ source materials, processing procedures, speciation. In regard to chemical parental status, income derived from a Hazard Analysis and Critical Control residues, FSIS tests imported fish for public assistance program, or political Point (HACCP) records, product labels, veterinary drug residues, including beliefs, exclude from participation in, as well as other things. In addition, they nitrofurans and some fluoroquinolones; deny the benefits of, or subject to submit samples for analysis, as directed malachite green; gentian violet; metals discrimination any person in the United in FSIS’s Public Health Information and pesticides. This testing serves to States under any program or activity System. FSIS inspection program verify that imported fish were raised conducted by the USDA. personnel assigned to official fish under conditions to prevent product To file a complaint of discrimination, establishments will be instructed to adulteration and keeps adulterated fish complete the USDA Program follow the same procedures. Therefore, and fish products out of United States Discrimination Complaint Form, which we believe this approach will provide a commerce. may be accessed online at http:// high level of assurance that the fish In regard to inspection frequency for www.ocio.usda.gov/sites/default/files/ _ _ _ _ products are safe, wholesome, and imported fish and fish products, the docs/2012/Complain combined 6 8 properly packaged and labeled, and that FMIA and the regulations specifically 12.pdf, or write a letter signed by you the public health will continue to be require that imported products be held or your authorized representative. effectively protected by the change in to the same standards as domestic Send your completed complaint form inspection coverage. products. The FMIA at 21 U.S.C. 620 or letter to USDA by mail, fax, or email: Both comments from consumer requires that no product may be Mail: U.S. Department of Agriculture, advocacy organizations raise concerns imported into the United States unless Director, Office of Adjudication, 1400 about the effect of the adjustment in it complies with all applicable Independence Avenue SW., inspection frequency on the Agency’s provisions of the FMIA and the Washington, DC 20250–9410. programs to ensure the safety of regulations issued thereunder. The fish Fax: (202) 690–7442. imported fish and fish products. One import regulations at 9 CFR 557.3 Email: [email protected]. comment contends that FSIS has not specifically require that no fish or fish Persons with disabilities who require considered the conditions under which product offered for importation from alternative means for communication imported fish have been raised or any foreign country shall be admitted (Braille, large print, audiotape, etc.)
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should contact USDA’s TARGET Center DATES: This rule is effective October 2, of 10 CFR part 1016 to reflect at (202)720–2600 (voice and TDD). 2017. organizational, terminology and policy changes that have occurred since the Additional Public Notification FOR FURTHER INFORMATION CONTACT: Ms. Linda Ruhnow, Office of Security Policy regulations were last revised. FSIS will announce this notice online at (301) 903–2661; Security.Directives@ DOE proposed changes to the through the FSIS Web page located at hq.doe.gov. regulations at 10 CFR part 1016 on http://www.fsis.usda.gov/federal- SUPPLEMENTARY INFORMATION: November 16, 2016 (81 FR 80612). No register. comments were received. No changes FSIS will also make copies of this I. Background II. Section by Section Analysis were made to the proposed regulations Federal Register publication available except to modify the definition of an through the FSIS Constituent Update III. Regulatory Review and Procedural Requirements ‘‘L’’ access authorization in § 1016.3, (CU), which is used to provide A. Review Under Executive Order 12866 Definitions. information regarding FSIS policies, B. Review Under the Regulatory Flexibility procedures, regulations, Federal Act II. Section by Section Analysis Register notices, FSIS public meetings, C. Review Under Paperwork Reduction Act With the exception of the definition of and other types of information that D. Review Under the National an ‘‘L’’ access authorization in § 1016.3, could affect or would be of interest to Environmental Policy Act Definitions, the modifications to 10 CFR constituents and stakeholders. The CU E. Review Under Executive Order 13132 part 1016 adopted in this final rule are is communicated via Listserv, a free F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates described in the Section by Section electronic mail subscription service for Reform Act of 1995 Analysis in section II of DOE’s notice of industry, trade groups, consumer H. Review Under Executive Order 13211 proposed rulemaking published on interest groups, health professionals, I. Review Under the Treasury and General November 16, 2016 (81 FR 80612). In and other individuals who have asked Government Appropriations Act of 1999 § 1016.3, Definitions, the definition of to be included. The CU is also available J. Congressional Notification ‘‘L’’ access authorization was modified on the FSIS Web page. In addition, FSIS K. Approval by the Office of the Secretary from DOE’s proposed changes to update offers an electronic mail subscription I. Background the type of background investigation service which provides automatic and required by DOE and national level The U.S. Department of Energy may customized access to selected food directives. The reference to National issue an access permit to any person, as safety news and information. This Agency Checks with Local Agency set forth in 10 CFR part 725, who service is available at http:// Checks and Credit Check background requires access to Restricted Data www.fsis.usda.gov/subscribe. Options investigation has been replaced with a applicable to civil uses of atomic energy range from recalls to export information Tier III background investigation. to regulations, directives, and notices. for use in his/her business, trade or Customers can add or delete profession. 10 CFR part 725 specifies III. Rulemaking Requirements the terms and conditions under which subscriptions themselves, and have the A. Review Under Executive Order 12866 option to password protect their the Department will issue an access accounts. permit and provides for the amendment, This action does not constitute a renewal, suspension, termination and ‘‘significant regulatory action’’ as Done at Washington, DC on: August 29, revocation of an access permit. defined in section 3(f) of Executive 2017. The regulations in 10 CFR part 1016 Order 12866, ‘‘Regulatory Planning and Paul Kiecker, establish requirements for the Review’’ (58 FR 51735). Acting Administrator. safeguarding of Secret and Confidential B. Review Under the Regulatory [FR Doc. 2017–18591 Filed 8–31–17; 8:45 am] Restricted Data received or developed Flexibility Act BILLING CODE 3410–DM–P under an access permit. This part does not apply to Top Secret information The Regulatory Flexibility Act (5 because no such information may be U.S.C. 601 et seq.) requires preparation DEPARTMENT OF ENERGY provided to an access permittee within of a regulatory flexibility analysis for the scope of this regulation. The any rule that by law must be proposed 10 CFR Part 1016 regulations in this part apply to all for public comment, unless the agency certifies that the rule, if promulgated, [Docket No. DOE–HQ–2015–0029–0001] persons who may require access to Restricted Data used, processed, stored, will not have a significant economic RIN 1992–AA46 reproduced, transmitted, or handled in impact on a substantial number of small connection with an access permit. entities. As required by Executive Order Safeguarding of Restricted Data by The original regulations for the 13272, ‘‘Proper Consideration of Small Access Permittees safeguarding of Restricted Data were Entities in Agency Rulemaking’’ (67 FR AGENCY: Department of Energy. Atomic Energy Commission regulations 53461, Aug. 16, 2002), DOE published ACTION: Final rule. that were transferred to the Energy procedures and policies on February 19, Research and Development 2003, to ensure that the potential SUMMARY: The Department of Energy Administration (ERDA) upon its impacts of its rules on small entities are (DOE or Department) has revised its formation in 1974 (Energy properly considered during the regulations governing the standards for Reorganization Act of 1974; Pub. L. 93– rulemaking process. DOE has made its safeguarding Restricted Data by access 438). The regulations were subsequently procedures and policies available on the permittees. The previous version of this revised to conform to ERDA’s Office of the General Counsel’s Web site regulation was promulgated in 1983. organization (41 FR 56775, 41 FR (www.gc.doe.gov). Since 1983, changes in organizations, 56785–56788, Dec. 30, 1976). The DOE has reviewed this rule under the terminology, and DOE and national regulations were updated and Regulatory Flexibility Act and certifies policies rendered portions of the transferred from 10 CFR part 795 to 10 that, as adopted, the rule would not previous regulation outdated. This CFR part 1016 in Aug. 10, 1983 (48 FR have a significant impact on a version updates existing requirements. 36432). DOE has developed this version substantial number of small entities.
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This action amends an existing rule have federalism implications are proposed ‘‘significant intergovernmental which establishes safeguarding of defined in the Executive Order to mandate.’’ In addition, UMRA requires Restricted Data by persons granted an include regulations that have an agency plan for giving notice and Access Permit according to 10 CFR part ‘‘substantial direct effects on the States, opportunity for timely input to small 725. The rule would only apply to on the relationship between the national governments that may be affected before Access Permittees, of which there are government and the States, or on the establishing a requirement that might historically very few (e.g., between zero distribution of power and significantly or uniquely affect them. On and five), and the changes are responsibilities among the various March 18, 1997, DOE published a administrative changes (such as levels of government.’’ On March 7, statement of policy on its process for renumbering of several parts and 2011, DOE published a statement of intergovernmental consultation under changing office names to reflect a recent policy describing the intergovernmental UMRA (62 FR 12820, March 18, 1997). reorganization), updates to enable consultation process it will follow in the (This policy is also available at http:// consistency with current policies and development of such regulations (65 FR www.gc.doe.gov.) This rule contains practices, and clarification of 13735, March 14, 2000). neither an intergovernmental mandate, requirements. DOE has examined this rule and has nor a mandate that may result in the Because these standards and determined that it does not have a expenditure of $100 million or more in requirements consist of clarifications substantial direct effect on the States, on any year, so these requirements do not and updates to existing standards and the relationship between the national apply. requirements, DOE does not expect that government and the States, or on the the impact on any Access Permittees distribution of power and H. Review Under Executive Order 13211 would be significant. DOE sought responsibilities among the various Executive Order 13211, ‘‘Actions comment on its estimate of the number levels of government. No further action Concerning Regulations That of small entities and the expected effects is required by Executive Order 13132. Significantly Affect Energy Supply, of this rule and received no comments. F. Review Under Executive Order 12988 Distribution, or Use,’’ (66 FR 28355, For the above reasons, DOE certifies May 22, 2001) requires Federal agencies Section 3 of Executive Order 12988, that the rule, as adopted, will not have to prepare and submit to the Office of (61 FR 4729, February 7, 1996), instructs a significant economic impact on a Information and Regulatory Affairs substantial number of small entities. each agency to adhere to certain requirements in promulgating new (OIRA), Office of Management and C. Review Under Paperwork Reduction regulations. These requirements, set Budget, a Statement of Energy Effects for Act forth in section 3(a) and (b), include any significant energy action. A ‘‘significant energy action’’ is defined as This rule does not contain a collection eliminating drafting errors and needless ambiguity, drafting the regulations to any action by an agency that of information subject to OMB approval promulgates or is expected to lead to the under the Paperwork Reduction Act. minimize litigation, providing clear and certain legal standards for affected legal promulgation of a final rule, and that: D. Review Under the National conduct, and promoting simplification (1) Is a significant regulatory action Environmental Policy Act and burden reduction. Agencies are also under Executive Order 12866, or any This rule amends existing policies instructed to make every reasonable successor order; and (2) is likely to have and procedures establishing effort to ensure that the regulation a significant adverse effect on the safeguarding of Restricted Data describes any administrative proceeding supply, distribution, or use of energy; or standards and requirements for Access to be available prior to judicial review (3) is designated by the Administrator of Permittees and has no significant and any provisions for the exhaustion of OIRA as a significant energy action. For environmental impact. Consequently, administrative remedies. The any significant energy action, the agency the Department has determined that this Department has determined that this must give a detailed statement of any rule is covered under Categorical regulatory action meets the adverse effects on energy supply, Exclusion A–5, of appendix A to requirements of section 3(a) and (b) of distribution, or use should the proposal subpart D, 10 CFR part 1021, which Executive Order 12988. be implemented, and of reasonable applies to a rulemaking that addresses alternates to the action and their G. Review Under the Unfunded amending an existing rule or regulation expected benefits on energy supply, Mandates Reform Act of 1995 that does not change the environmental distribution, and use. effect of the rule or regulation being Title II of the Unfunded Mandates This rule is not a significant energy amended. Accordingly, neither an Reform Act of 1995 (UMRA) requires action, nor has it been designated as environmental assessment nor an each Federal agency to assess the effects such by the Administrator of OIRA. environmental impact statement is of Federal regulatory action on state, Accordingly, DOE has not prepared a required. local and tribal governments and the Statement of Energy Effects. private sector. For regulatory actions I. Review Under the Treasury and E. Review Under Executive Order 13132 likely to result in a rule that may cause General Government Appropriations Executive Order 13132, ‘‘Federalism,’’ expenditures by State, local, and Tribal Act, 1999 (64 FR 43255, August 4, 1999), imposes governments, in the aggregate, or by the certain requirements on agencies private sector of $100 million or more Section 654 of the Treasury and formulating and implementing policies in any one year (adjusted annually for General Government Appropriations or regulations that preempt State law or inflation), section 202 of UMRA requires Act, 1999 (Pub. L. 105–277) requires that have federalism implications. a Federal agency to publish estimates of Federal agencies to issue a Family Agencies are required to develop a the resulting costs, benefits, and other Policymaking Assessment for any formal process to ensure meaningful effects on the national economy. UMRA proposed rule or policy that may affect and timely input by State and local also requires Federal agencies to family well-being. This rule would not officials in the development of develop an effective process to permit have any impact on the autonomy or regulatory policies that have timely input by elected officers of State, integrity of the family as an institution. ‘‘federalism implications.’’ Policies that local, and Tribal governments on a Accordingly, DOE has concluded that it
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is not necessary to prepare a Family employee, applicant for employment, investigation required for an ‘‘L’’ access Policymaking Assessment. consultant, assignee, other Federal authorization. When ‘‘L’’ access department or agency employee (or authorizations are granted to access J. Congressional Notification other persons who may be designated by permittees, they are identified as ‘‘L(X)’’ As required by 5 U.S.C. 801, DOE will the Secretary of Energy), or a DOE access authorizations and, as need to report to Congress on the promulgation contractor or subcontractor employee, or know applies, authorize access only to of this rule before its effective date. The an access permittee is eligible for access the type of Confidential Restricted Data report will state that it has been to Restricted Data. Access as specified in the permit and consistent determined that the rule is not a ‘‘major authorizations granted by DOE are with appendix A, 10 CFR part 725, rule’’ as defined by 5 U.S.C. 804(2). designated as ‘‘Q,’’ ‘‘Q(X),’’ ‘‘L,’’ or ‘‘Categories of Restricted Data ‘‘L(X).’’ Available.’’ K. Approval by the Office of the (1) ‘‘Q’’ access authorizations are Secretary * * * * * based upon single scope background (c) Classified mail address. A mail The Secretary of Energy has approved investigations as set forth in applicable address established for each access publication of this final rule. DOE and national-level directives. They permittee and approved by the DOE to permit an individual who has ‘‘need to List of Subjects in 10 CFR Part 1016 be used when sending Restricted Data to know’’ access to Top Secret, Secret and the permittee. Classified information, Nuclear Confidential Restricted Data, Formerly (d) Classified matter. Anything in energy, Reporting and recordkeeping Restricted Data, National Security physical form (including, but not requirements, Security measures. Information, or special nuclear material limited to documents and material) that Issued in Washington, DC, on August 15, in Category I or II quantities as required contains or reveals classified 2017. in the performance of duties, subject to information. Andrew C. Lawrence, additional determination that permitting * * * * * Acting Associate Under Secretary for this access will not endanger the (h) Infraction. An act or omission Environment, Health, Safety and Security. common defense or national security of involving failure to comply with DOE the United States. There may be safeguards and security orders, For the reasons set out in the additional requirements for access to preamble, DOE amends part 1016 of title directives, or approvals and may specific types of RD information. include a violation of law. 10 of the Code of Federal Regulations as (2) ‘‘Q(X)’’ access authorizations are set forth below: (i) Intrusion detection system. A based upon the same level of security system consisting of sensors PART 1016—SAFEGUARDING OF investigation required for a Q access capable of detecting one or more types RESTRICTED DATA BY ACCESS authorization. When ‘‘Q’’ access of phenomena, signal media, authorizations are granted to access PERMITTEES annunciators, energy sources, alarm permittees they are identified as ‘‘Q(X)’’ assessment systems, and alarm reporting access authorizations and, as need-to- ■ 1. The authority citation for part 1016 elements including alarm know applies, authorize access only to continues to read as follows: communications and information the type of Secret Restricted Data as display equipment. Authority: Sec. 161.i. of the Atomic Energy specified in the permit and consistent Act of 1954, 68 Stat. 948 (42 U.S.C. 2201). with appendix A, 10 CFR part 725, * * * * * ■ 2. The part heading for part 1016 is ‘‘Categories of Restricted Data (k) National Security Information. revised to read as set forth above. Available.’’ Information that has been determined pursuant to Executive Order 13526, as ■ 3. Section 1016.3 is amended by: (3) ‘‘L’’ access authorizations are ■ a. Revising paragraph (a). based upon a Tier III (formerly National amended ‘‘Classified National Security ■ b. Removing paragraph (c). Agency Check with Local Agency Information’’ or any predecessor order ■ c. Redesignating paragraphs (d) and Checks and Credit Checks (NACLC)/ to require protection against (e) as paragraphs (c) and (d), Access National Agency Check with unauthorized disclosure and is marked respectively. Inquiries (ANACI)) background to indicate its classified status when in ■ d. Revising newly designated investigation as set forth in applicable documentary form. paragraphs (c) and (d). national-level directives. They permit * * * * * ■ e. Redesignating paragraphs (f) and (g) an individual who has ‘‘need to know’’ (u) Security Plan. A written plan by as paragraphs (e) and (f), respectively. access to Confidential Restricted Data, the access permittee, and submitted to ■ f. Removing paragraph (h). Secret and Confidential Formerly the DOE for approval, which outlines ■ g. Redesignating paragraphs (i) Restricted Data, or Secret and the permittee’s proposed security through (k) as paragraphs (g) through (i), Confidential National Security procedures and controls for the respectively. Information, required in the protection of Restricted Data and which ■ h. Revising newly designated performance of duties, provided such includes a floor plan of the area in paragraphs (h) and (i). information is not designated which the classified matter is to be ■ i. Removing paragraphs (l) and (m). ‘‘CRYPTO’’ (classified cryptographic used, processed, stored, reproduced, ■ j. Redesignating paragraphs (n) information), ‘‘COMSEC’’ transmitted, or handled. through (z) as paragraphs (j) through (v), (communications security), or * * * * * respectively. intelligence information and subject to ■ 4. Section 1016.4 is revised to read as ■ k. Revising newly designated additional determination that permitting follows: paragraphs (k) and (u). this access will not endanger the The revisions read as follows: common defense or national security of § 1016.4 Communications. the United States. There may be Communications concerning § 1016.3 Definitions. additional requirements for access to rulemaking, i.e., petition to change this (a) Access authorization. An specific types of RD information. part, should be addressed to the administrative determination by DOE (4) ‘‘L(X)’’ access authorizations are Associate Under Secretary, Office of that an individual who is either a DOE based upon the same level of Environment, Health, Safety and
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Security, AU–1/Forrestal Building, § 1016.10 Granting, denial, or suspension requires access to the repository as a Office of Environment, Health, Safety of security facility approval. result of change in duties or position in and Security, U.S. Department of Notification of the DOE’s granting, the permittee’s organization, or Energy, 1000 Independence Avenue denial, or suspension of security facility termination of employment with the SW., Washington, DC 20585. All other approval will be furnished the permittee permittee or whenever the combination communications concerning the in writing, or orally with written has been subjected to compromise, and regulations in this part should be confirmation. This information may also in any event at least once a year. addressed to the cognizant DOE or be furnished to representatives of the Permittees shall classify records of National Nuclear Security DOE, DOE contractors, or other Federal combinations no lower than the highest Administration (NNSA) office. agencies having a need to transmit classification of the classified matter Restricted Data to the permittee. authorized for storage in the safekeeping ■ 5. Section 1016.5 is revised to read as ■ 9. Section 1016.11 is revised to read equipment concerned. follows: as follows: § 1016.14 Protection of Restricted Data § 1016.5 Submission of procedures by § 1016.11 Cancellation of requests for while in use. access permit holder. security facility approval. While in use, classified matter No access permit holder shall have When a request for security facility containing Restricted Data shall be access to Restricted Data until he has approval is to be withdrawn or under the direct control of a person with submitted to the DOE a written cancelled, the cognizant DOE Office will the appropriate access authorization and statement of his procedures for the be notified by the requester immediately need to know. Unauthorized access to safeguarding of Restricted Data and for by telephone and confirmed in writing the Restricted Data shall be precluded. so that processing of this approval may the security education of his employees, § 1016.15 Establishment of security areas. and DOE shall have determined and be terminated. (a) When, because of their nature or informed the permittee that his ■ 10. Section 1016.12 is revised to read size, it is impracticable to safeguard procedures for the safeguarding of as follows: classified matter containing Restricted Restricted Data are in compliance with § 1016.12 Termination of security facility Data in accordance with the provisions the regulations in this part and that his approval. of §§ 1016.13 and 1016.14, a security procedures for the security education of (a) Security facility approval will be area to protect such classified matter his employees, who will have access to terminated when: shall be established. Restricted Data, are informed about and (1) There is no longer a need to use, (b) The following controls shall apply understand the regulations in this part. process, store, reproduce, transmit, or to security areas: These procedures must ensure that handle Restricted Data at the facility; or (1) Security areas shall be separated employees with access to Restricted (2) The DOE makes a determination from adjacent areas by a physical barrier Data are informed about and understand that continued security facility approval designed to prevent entrance into such who is authorized or required to classify is not in the interest of common defense areas, and access to the Restricted Data and declassify RD and FRD information and security. within the areas, by unauthorized and classified matter as well as how (b) The permittee will be notified in individuals. documents containing RD or FRD are writing of a determination to terminate (2) During working hours, admittance marked (see 10 CFR part 1045) and facility approval, and the procedures shall be controlled by an appropriately safeguarded. outlined in § 1016.27 will apply. cleared individual posted at each ■ 6. The heading for § 1016.8 is revised § § 1016.21 through 1016.23 [Redesignated unlocked entrance. to read as follows: as §§ 1016.13 through 1016.15 and (3) During nonworking hours, Amended] admittance shall be controlled by § 1016.8 Request for security facility ■ 11. Sections 1016.21 through 1016.23 protective personnel on patrol, with approval. are redesignated as §§ 1016.13 through protective personnel posted at unlocked * * * * * 1016.15 and newly redesignated entrances, or by such intrusion §§ 1016.13 through 1016.15 are revised detection system as DOE approves. ■ 7. Section 1016.9 is revised to read as to read as follows: (4) Each individual authorized to follows: enter a security area shall be issued a § 1016.13 Protection of Restricted Data in distinctive badge or pass when the § 1016.9 Processing security facility storage. approval. number of employees assigned to the (a) Persons who possess Restricted area exceeds thirty. Following receipt of an acceptable Data pursuant to an Access Permit shall request for security facility approval, the store the Restricted Data classified § 1016.24 [Redesignated as § 1016.16] DOE will perform an initial security matter when not in use in a locked ■ 12. Section 1016.24 is redesignated as survey of the permittee’s facility to storage container or DOE-approved § 1016.16. determine that granting a security vault to which only persons with facility approval would be consistent appropriate access authorization and a § 1016.25 [Redesignated as § 1016.17 and Amended] with the national security. If DOE makes need to know the information contained such a determination, security facility have access. Storage containers used for ■ 13. Section 1016.25 is redesignated as approval will be granted. If not, security storing classified matter must conform § 1016.17 and newly redesignated facility approval will be withheld to U.S. General Services Administration § 1016.17 is revised to read as follows: (GSA) standards and specifications. pending compliance with the security § 1016.17 Protective personnel. survey recommendations or until a (b) Each permittee shall change the combination on locks of his safekeeping Whenever armed protective personnel waiver is granted pursuant to § 1016.6. equipment whenever such equipment is are required in accordance with ■ 8. Section 1016.10 is revised to read placed in use, whenever an individual § 1016.15, such protective personnel as follows: knowing the combination no longer shall:
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(a) Possess a ‘‘Q’’ or ‘‘L’’ access have authority to provide the guidance, manner and sealed with tape, the authorization or ‘‘Q(X)’’ or ‘‘L(X)’’ he will refer the request to the Director, appropriate classification shall be access authorization if the Restricted Office of Classification, AU–60/ marked on both sides of the envelope, Data being protected is classified Germantown Building, Office of and any additional marking required by Confidential, or a ‘‘Q’’ access Environment, Health, Safety and 10 CFR part 1045 shall be applied. authorization or ‘‘Q(X)’’ access Security, U.S. Department of Energy, (3) The outer envelope or wrapper authorization if the Restricted Data 1000 Independence Avenue SW., shall be addressed in the ordinary being protected is classified Secret. Washington, DC 20585–1290. manner. No classification, additional (b) Be armed with sidearms of 9mm (b) Challenges. If a person receives a marking, or other notation shall be or greater. document or other classified matter affixed which indicates that the which, in his opinion, is not properly document enclosed therein contains § § 1016.31 through 1016.34 [Redesignated classified, or omits the appropriate as §§ 1016.18 through 1016.21 and classified information or Restricted Amended] classification markings, he is Data. encouraged to challenge the ■ (4) A receipt which identifies the 14. Sections 1016.31 through 1016.34 classification and there shall be no document, the date of transfer, the are redesignated as §§ 1016.18 through retribution for submitting a challenge. recipient, and the person transferring 1016.21 and newly redesignated Challenges shall be submitted in the document shall accompany the §§ 1016.18 through 1016.21 are revised accordance with 10 CFR part 1045. document and shall be signed by the to read as follows: (c) Classification markings. Restricted recipient and returned to the sender Data generated or possessed by an § 1016.18 Access to Restricted Data. whenever the custody of a document individual approved for access must be (a) Except as DOE may authorize, no containing Secret Restricted Data is appropriately identified and marked in transferred. person subject to the regulations in this accordance with 10 CFR part 1045, part shall permit any individual to have (c) Preparation of other classified Nuclear Classification and matter. Classified matter, other than access to Restricted Data in his Declassification. Questions and requests possession unless the individual has an documents, containing Restricted Data for additional direction or guidance shall be prepared for shipment outside appropriate access authorization granted regarding the marking of classified by DOE, or has been certified by DOD an individual installation in accordance matter may be submitted to the Director, with the following: or NASA through DOE; and Office of Classification, AU–60/ (1) The classified matter shall be so (1) The individual is authorized by an Germantown Building, Office of packaged that the classified Access Permit to receive Restricted Data Environment, Health, Safety and characteristics will not be revealed. in the categories involved and the Security, U.S. Department of Energy, permittee determines that such access is 1000 Independence Avenue SW., (2) A receipt which identifies the required in the course of his duties; or Washington, DC 20585–1290. classified matter, the date of shipment, (2) The individual needs such access the recipient, and the person in connection with such duties as a DOE § 1016.20 External transmission of transferring the classified matter shall employee or DOE contractor employee, Restricted Data. accompany the classified matter, and or as certified by DOD or NASA. (a) Restrictions. (1) Restricted Data the recipient shall sign such receipt (b) Inquiries concerning the access shall be transmitted only to persons whenever the custody of classified authorization status of individuals, the who possess appropriate access matter containing Secret Restricted Data scope of Access Permits, or the nature authorization, need to know, and are is transferred. of contracts should be addressed to the otherwise eligible for access under the (d) Methods of transportation. (1) cognizant DOE or NNSA office. requirements of § 1016.18. Secret classified matter shall be (2) In addition, such classified matter transported only by one of the following § 1016.19 Review, classification and containing Restricted Data shall be marking of classified information. methods: transmitted only to persons who possess (i) By messenger-courier system (a) Classification. Restricted Data approved facilities for their physical specifically created for that purpose and generated or possessed by an Access security consistent with this part. Any approved for use by DOE. Permit holder must be appropriately person subject to the regulations in this (ii) Registered mail. classified and marked in accordance part who transmits such Restricted Data (iii) By protective services provided with 10 CFR part 1045. CG–DAR–2, containing Restricted Data shall be by United States air or surface ‘‘Guide to the Declassified Areas of deemed to have fulfilled his obligations commercial carriers under such Nuclear Energy Research U 08/98,’’ will under this paragraph (a)(2) by securing conditions as may be preserved by the be furnished each permittee. In the a written certification from the DOE. event a permittee originates classified prospective recipient that such recipient information which falls within the possesses facilities for its physical (iv) Individuals possessing definition of Restricted Data or security consistent with this part. appropriate DOE access authorization information for which the permittee is (3) Restricted Data shall not be who have been given written authority not positive that the information is exported from the United States without by their employers. outside of that definition and CG–DAR– prior authorization from DOE. (2) Confidential classified matter may 2 does not provide positive (b) Preparation of documents. be transported by one of the methods set classification guidance for such Documents containing Restricted Data forth in paragraph (d)(1) of this section information, the permittee shall shall be prepared for transmission or by U.S. first class, express, or designate the information as outside an individual installation in certified mail. Confidential, Restricted Data and accordance with the following: (e) Telecommunication of classified request classification guidance from the (1) They shall be enclosed in two information. There shall be no DOE through the Classification Officer sealed, opaque envelopes or wrappers. telecommunication of Restricted Data at the cognizant DOE or NNSA office. If (2) The inner envelope or wrapper unless the secure telecommunication the DOE Classification Officer does not shall be addressed in the ordinary system has been approved by the DOE.
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§ 1016.21 Accountability for Secret § 1016.27 Termination, suspension, or DEPARTMENT OF TRANSPORTATION Restricted Data. revocation of security facility approval. Federal Aviation Administration Each permittee possessing classified (a) In accordance with § 1016.12, if matter (including classified matter in the need to use, process, store, 14 CFR Part 39 electronic format) containing Secret reproduce, transmit, or handle classified Restricted Data shall establish matter no longer exists, the security [Docket No. FAA–2017–0164; Product accountability procedures and shall facility approval will be terminated. The Identifier 2017–NE–06–AD; Amendment 39– maintain logs to document access to and permittee may deliver all Restricted 19008; AD 2017–17–18] record comprehensive disposition Data to the DOE or to a person RIN 2120–AA64 information for all such classified authorized to receive them; or the matter that has been in his custody at permittee may destroy all such Airworthiness Directives; General any time. Restricted Data. In either case, the Electric Company Turbofan Engines § 1016.35 [Redesignated as § 1016.22] facility must submit a certification of AGENCY: Federal Aviation non-possession of Restricted Data to the ■ 15. Section 1016.35 is redesignated as Administration (FAA), DOT. DOE. § 1016.22. ACTION: Final rule. (b) In any instance where security § § 1016.36 and 1016.37 [Redesignated as facility approval has been suspended or SUMMARY: We are adopting a new §§ 1016.23 and 1016.24 and Amended] revoked based on a determination of the airworthiness directive (AD) for certain General Electric Company (GE) CF34–8 ■ 16. Sections 1016.36 and 1016.37 are DOE that further possession of classified model turbofan engines. This AD was redesignated as §§ 1016.23 and 1016.24 matter by the permittee would endanger prompted by analysis that resulted in and newly redesignated §§ 1016.23 and the common defense and national the reduction of the life of the affected 1016.24 are revised to read as follows: security, the permittee shall, upon fan blades. This AD requires inspections notice from the DOE, immediately § 1016.23 Changes in classification. of the affected fan blades until their deliver all Restricted Data to the DOE removal. We are issuing this AD to Classified matter containing along with a certificate of non- address the unsafe condition on these Restricted Data shall not be downgraded possession of Restricted Data. products. or declassified except as authorized by DOE and in accordance with 10 CFR § § 1016.40 through 1016.42 [Redesignated DATES: This AD is effective October 6, part 1045. as §§ 1016.28 through 1016.30] 2017. The Director of the Federal Register § 1016.24 Destruction of classified matter ■ 20. §§ 1016.40 through 1016.42 are approved the incorporation by reference containing Restricted Data. redesignated as §§ 1016.28 through of a certain publication listed in this AD Documents containing Restricted Data 1016.30. as of October 6, 2017. may be destroyed by burning, pulping, § 1016.43 [Redesignated as § 1016.31 and ADDRESSES: For service information or another method that assures complete Amended] identified in this final rule, contact destruction of the information which General Electric Company, GE— they contain. Restricted Data contained ■ 21. Section 1016.43 is redesignated as Aviation, Room 285, 1 Neumann Way, in classified matter, other than § 1016.31 and newly redesignated Cincinnati, OH 45215, phone: 513–552– documents, may be destroyed only by a § 1016.31 is revised to read as follows: 3272; fax: 513–552–3329; email: method that assures complete [email protected]. You may view this obliteration, removal, or destruction of § 1016.31 Inspections. service information at the FAA, Engine the Restricted Data. The DOE shall make such inspections and Propeller Standards Branch, Policy ■ 17. Add § 1016.25 to read as follows: and surveys of the premises, activities, and Innovation Division, 1200 District Avenue, Burlington, MA. For § 1016.25 Storage, use, processing, records, and procedures of any person subject to the regulations in this part as information on the availability of this transmission and destruction of classified material at the FAA, call 781–238–7125. information on computers, computer DOE deems necessary to effectuate the It is also available on the internet at networks, electronic devices/media and purposes of the Act, Executive Order http://www.regulations.gov by searching mobile devices. 13526, and DOE orders and procedures. for and locating Docket No. FAA–2017– Storage, use, processing, and § 1016.44 [Redesignated as § 1016.32] 0164. transmission of Restricted Data on computers, computer networks, ■ 22. Section 1016.44 is redesignated as Examining the AD Docket electronic devices/media and mobile § 1016.32. You may examine the AD docket on devices must be approved by DOE. [FR Doc. 2017–18043 Filed 8–31–17; 8:45 am] the Internet at http:// DOE-approved methods must be used www.regulations.gov by searching for BILLING CODE 6450–01–P when destroying classified information and locating Docket No. FAA–2017– that is in electronic format. 0164; or in person at the Docket § 1016.38 [Redesignated as § 1016.26] Management Facility between 9 a.m. and 5 p.m., Monday through Friday, ■ 18. Section 1016.38 is redesignated as except Federal holidays. The AD docket § 1016.26. contains this final rule, the regulatory evaluation, any comments received, and § 1016.39 [Redesignated as § 1016.27 and other information. The address for the Amended] Docket Office (phone: 800–647–5527) is ■ 19. Section 1016.39 is redesignated as Document Management Facility, U.S. § 1016.27 and newly redesignated Department of Transportation, Docket § 1016.27 is revised to read as follows: Operations, M–30, West Building
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Ground Floor, Room W12–140, 1200 of the affected fan blades, the FAA Conclusion New Jersey Avenue SE., Washington, determined an unsafe condition exists DC 20590. based on the extremely high number of We reviewed the relevant data, FOR FURTHER INFORMATION CONTACT: John forecasted events. We did not change considered the comments received, and Frost, Aerospace Engineer, FAA, ECO this AD. determined that air safety and the Branch, Compliance and Airworthiness public interest require adopting this Request To Change Related Service final rule with the changes described Division, 1200 District Avenue, Information Burlington, MA 01803; phone: 781– previously and minor editorial changes. 238–7756; fax: 781–238–7199; email: J-Air & Horizon Air requested that we We have determined that these minor [email protected]. mandate the use of specific service changes: SUPPLEMENTARY INFORMATION: bulletins in paragraph (g) of this AD. • Are consistent with the intent that Paragraph (g) of this AD does not was proposed in the NPRM for Discussion specify an ECI procedure. correcting the unsafe condition; and We issued a notice of proposed We partially agree. We disagree with • Do not add any additional burden rulemaking (NPRM) to amend 14 CFR mandating the use of specific service upon the public than was already part 39 by adding an AD that would bulletins in paragraph (g) of this AD proposed in the NPRM. apply to certain GE CF34–8 model because that would preclude the use of turbofan engines. The NPRM published other procedures that may be We also determined that these in the Federal Register on April 14, acceptable. changes will not increase the economic burden on any operator or increase the 2017 (82 FR 17945). The NPRM was However, we added a statement to scope of this final rule. prompted by analysis that showed that compliance paragraph (g) in this AD the stresses in the pinholes, in the indicating the GE service documents in Related Service Information Under 1 affected fan blades, could result in crack which guidance can be found for CFR Part 51 initiation at pinhole surfaces beyond performing the ECI. 19,000, 19,500, or 25,000 cycles-since- We reviewed GE ASB CF34–8C SB new (CSN), depending on the engine Request To Add Repetitive Inspections 72–A0137, Revision 5 (R05), dated June model on which the blade is installed. Intervals 15, 2016. This ASB identifies an The NPRM proposed to require initial Horizon Air requested that we approved inspection method and and repetitive eddy current inspections provide instructions with regard to the provides the procedures necessary for (ECIs) and removal of affected fan repetitive inspection interval calculating the adjusted CSN for the blades before reaching 41,000 CSN. The requirements for fan blades that have initial inspection of CF34–8C fan NPRM also provided an option to repair accumulated an unknown number of blades. affected blades, which allows for an CSN. We also reviewed CF34–8E ASB 72– additional 28,000 cycles before removal. We agree. We added paragraph A0060, Revision 5 (R05), dated June 15, This condition, if not corrected, could (g)(4)(iii) of this AD to mandate a 2016. This ASB identifies an approved result in failure of the fan blade, repetitive inspection. inspection method and provides the uncontained blade release, damage to procedures necessary for calculating the Request To Add Terminating Action the engine, and damage to the airplane. adjusted CSN for the initial inspection Comments Horizon Air requested that we of CF34–8E fan blades. provide a designated paragraph for We gave the public the opportunity to This service information is reasonably terminating action. Although paragraph participate in developing this final rule. available because the interested parties (h) of this AD provides fan blade, part The following presents the comments have access to it through their normal number (P/N) 4114T31G01, as a repair received on the NPRM and the FAA’s course of business or by the means option, the repair is not specifically response to each comment. identified in the ADDRESSES section. The Air Line Pilots Association given as a means to terminate the Other Related Service Information expressed support for the NPRM. repetitive inspections required for fan blade, P/N 4114T15P02. We reviewed GE ASBs CF34–8E SB Request To Rescind the AD We disagree. This AD requires 72–A0115, R04, dated December 9, repetitive inspections only for fan blade, Republic Airlines requested that we 2016; and CF34–8C SB 72–A0225, R03, P/N 4114T15P02. Therefore, once a fan rescind the AD action. Republic Airlines dated December 9, 2016. These ASBs blade is repaired to P/N 4114T31G01, a does not feel that the failure of the blade describe procedures for repairing fan repetitive inspection is not required. We is an airworthiness issue that should be blade, part number (P/N) 4114T15P02 to did not change this AD. addressed by this AD. Republic Airlines P/N 4114T31G01, with the installation feels that in the event of a failed blade, Request To Update Service Information of a bushing in the pinholes. the aircraft could continue to a safe flight and landing. The failure would be Horizon Air requested that all Costs of Compliance evident operationally and the crews references to GE Alert Service Bulletin would take the appropriate steps to (ASB) CF34–8E SB 72–A0115, R03 be We estimate that this AD affects 1,986 return the aircraft and its occupants revised to R04. engines installed on airplanes of U.S. safely to the closest airport. We agree. We revised this AD to refer registry. We disagree. Based on the analysis to the latest service information revision We estimate the following costs to that resulted in the reduction of the life and date. comply with this AD:
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ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Initial ECI Inspection ...... 4 work-hours × $85 per hour = $340 ...... $0 $340 $675,240 Replacement of fan blade (prorated annual 0 work-hours × $85 per hour = $0 ...... 5,460 5,460 10,843,560 cost).
Authority for This Rulemaking (4) Will not have a significant to prevent failure of the fan blade, economic impact, positive or negative, uncontained blade release, damage to the Title 49 of the United States Code engine, and damage to the airplane. specifies the FAA’s authority to issue on a substantial number of small entities rules on aviation safety. Subtitle I, under the criteria of the Regulatory (f) Compliance section 106, describes the authority of Flexibility Act. Comply with this AD within the the FAA Administrator. Subtitle VII: List of Subjects in 14 CFR Part 39 compliance times specified, unless already Aviation Programs, describes in more done. Air transportation, Aircraft, Aviation detail the scope of the Agency’s safety, Incorporation by reference, (g) Eddy Current Inspections (ECIs) authority. Safety. (1) For CF34–8C1, CF34–8C5B1, CF34– We are issuing this rulemaking under 8C5B1/B and CF34–8E2 engines with fan the authority described in Subtitle VII, Adoption of the Amendment blade, P/N 4114T15P02, installed: Part A, Subpart III, Section 44701: Accordingly, under the authority (i) Perform an initial ECI of the fan blade ‘‘General requirements.’’ Under that delegated to me by the Administrator, pinhole prior to the fan blade accumulating section, Congress charges the FAA with 25,000 cycles-since-new (CSN); and the FAA amends 14 CFR part 39 as (ii) Repeat this inspection within every promoting safe flight of civil aircraft in follows: air commerce by prescribing regulations 3,000 cycles thereafter. for practices, methods, and procedures (2) For CF34–8C5, CF34–8C5/B, CF34– PART 39—AIRWORTHINESS 8C5A1, CF34–8C5A1/B, CF34–8C5A2, CF34– the Administrator finds necessary for DIRECTIVES 8C5A2/B, CF34–8E2A1, CF34–8E5, CF34– safety in air commerce. This regulation 8E5A1, CF34–8E6 and CF34–8E6A1 engines is within the scope of that authority ■ 1. The authority citation for part 39 with fan blade, P/N 4114T15P02, installed: because it addresses an unsafe condition continues to read as follows: (i) Perform an initial ECI of the fan blade that is likely to exist or develop on Authority: 49 U.S.C. 106(g), 40113, 44701. pinhole prior to the fan blade accumulating products identified in this rulemaking 19,500 CSN; and action. § 39.13 [Amended] (ii) Repeat this inspection within every 3,000 cycles thereafter, until the fan blade This AD is issued in accordance with ■ 2. The FAA amends § 39.13 by adding has accumulated 25,000 CSN, then repeat the authority delegated by the Executive the following new airworthiness inspection every 1,500 cycles thereafter. Director, Aircraft Certification Service, directive (AD): (3) For CF34–8C5/M, CF34–8C5A1/M, as authorized by FAA Order 8000.51C. 2017–17–18 General Electric Company: CF34–8C5A2/M, CF34–8C5A3, CF34–8C5A3/ In accordance with that order, issuance Amendment 39–19008; Docket No. B, CF34–8C5B1/M, and CF34–8E5A2 engines of ADs is normally a function of the FAA–2017–0164; Product Identifier with fan blade, P/N 4114T15P02, installed: Compliance and Airworthiness 2017–NE–06–AD. (i) Perform an initial ECI of the fan blade Division, but during this transition pinhole prior to the fan blade accumulating period, the Executive Director has (a) Effective Date 19,000 CSN; and This AD is effective October 6, 2017. (ii) Repeat this inspection within every delegated the authority to issue ADs 3,000 cycles thereafter, until the fan blade applicable to engines, propellers, and (b) Affected ADs has accumulated 25,000 CSN, then repeat the associated appliances to the Manager, None. inspection every 1,500 cycles thereafter. Engine and Propeller Standards Branch, (4) For any affected engine with a fan Policy and Innovation Division. (c) Applicability blade, P/N 4114T15P02, installed, where the This AD applies to General Electric CSN of the fan blade is unknown on the Regulatory Findings Company (GE) CF34–8C1, CF34–8C5, CF34– effective date of this AD: This AD will not have federalism 8C5A1, CF34–8C5B1, CF34–8C5A2, CF34– (i) Assume the blade has accumulated implications under Executive Order 8C5A3, CF34–8E2, CF34–8E2A1, CF34–8E5, 25,000 CSN on the effective date of this AD; 13132. This AD will not have a CF34–8E5A1, CF34–8E5A2, CF34–8E6 and and (ii) Inspect the blade prior to installation or substantial direct effect on the States, on CF34–8E6A1 engines, including engines marked on the engine data plate as CF34– within 500 cycles after the effective date of the relationship between the national 8C5B1/B, CF34–8C5/B, CF34–8C5A1/B, this AD, whichever is earlier. government and the States, or on the CF34–8C5A2/B, CF34–8C5/M, CF34–8C5A1/ (iii) Repeat this inspection based on the distribution of power and M, CF34–C8C5A2/M, CF34–8C5A3/B, or intervals of the new engine installation, as responsibilities among the various CF34–8C5B1/M, with a fan blade, part specified in paragraph (g) of this AD. levels of government. number (P/N) 4114T15P02 or P/N (5) If a fan blade is moved from one For the reasons discussed above, I 4114T31G01, installed. affected engine model to another affected model after the initial ECI: certify that this AD: (d) Subject (1) Is not a ‘‘significant regulatory (i) Perform an additional ECI of the blade action’’ under Executive Order 12866, Joint Aircraft System Component (JASC) prior to installation in the new model; and (2) Is not a ‘‘significant rule’’ under Code 7230, Turbine Engine Compressor (ii) Repeat this inspection based on the Section. intervals of the new engine installation, as DOT Regulatory Policies and Procedures specified in paragraph (g) of this AD. (44 FR 11034, February 26, 1979), (e) Unsafe Condition (6) If a fan blade, P/N 4114T15P02, has (3) Will not affect intrastate aviation This AD was prompted by analysis that been used on more than one engine model in Alaska to the extent that it justifies resulted in the reduction of the life of the prior to the initial ECI, use Appendix A of making a regulatory distinction, and affected fan blades. We are issuing this AD GE Alert Service Bulletin (ASB) CF34–8C SB
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72–A0137, R05, dated June 15, 2016, or (4) You may view this service information substantially the same records, or Appendix A of GE ASB CF34–8E SB 72– at FAA, Engine and Propeller Standards records that have been requested under A0060, R05, dated June 15, 2016, to calculate Branch, Policy and Innovation Division, 1200 FOIA three or more times. The Act the new cycle limit for the initial inspection District Avenue, Burlington, MA. For requires that agencies provide a of that fan blade. information on the availability of this (7) Guidance on performing the ECI can be material at the FAA, call 781–238–7125. minimum of 90 days for requesters to found in GE Service Bulletins GE ASB CF34– (5) You may view this service information file an administrative appeal following 8C SB 72–A0137, R05, dated June 15, 2016, at the National Archives and Records an adverse determination, and that or GE ASB CF34–8E SB 72–A0060, R05, Administration (NARA). For information on agencies provide dispute resolution dated June 15, 2016. the availability of this material at NARA, call services at various times throughout the 202–741–6030, or go to: http:// (h) Fan Blade Removal FOIA process. The Act codifies the U.S. www.archives.gov/federal-register/cfr/ibr- Department of Justice’s ‘‘foreseeable (1) For any affected engine with a fan locations.html. blade, P/N 4114T15P02, installed, remove harm’’ standard, specifying that an the blade from service or repair to P/N Issued in Burlington, Massachusetts, on agency shall withhold information only 4114T31G01 prior to the blade accumulating August 29, 2017. if the agency reasonably foresees that 41,000 CSN. Robert J. Ganley, disclosure would harm an interest (2) For any affected engine with a fan Manager, Engine and Propeller Standards protected by an exemption under 5 blade, P/N 4114T31G01, installed, remove Branch, Aircraft Certification Service. U.S.C. 552(b) or if disclosure is the blade from service prior to the blade [FR Doc. 2017–18570 Filed 8–31–17; 8:45 am] prohibited by law. This provision also accumulating 28,000 cycles since installation requires agencies to consider whether of the pinhole bushing. BILLING CODE 4910–13–P partial disclosure is possible if full (i) Alternative Methods of Compliance disclosure is not possible, and to take (AMOCs) TENNESSEE VALLEY AUTHORITY reasonable steps to segregate and release (1) The Manager, FAA, ECO Branch, nonexempt information. The Act Compliance and Airworthiness Division, has 18 CFR Part 1301 amends FOIA exemption 5 to specify the authority to approve AMOCs for this AD, that the deliberative process privilege if requested using the procedures found in 14 Freedom of Information Act does not apply to records created 25 CFR 39.19. In accordance with 14 CFR 39.19, Regulations send your request to your principal inspector years or more before the date of the request and must be released if or local Flight Standards District Office, as AGENCY: Tennessee Valley Authority requested. appropriate. If sending information directly (TVA). to the manager of the ECO Branch, send it to The Tennessee Valley Authority the attention of the person identified in ACTION: Final rule. issues a final rule amending its Freedom paragraph (i)(1) of this AD. You may email of Information Act (FOIA) regulations to SUMMARY: The Tennessee Valley your request to: [email protected]. incorporate the statutory changes made Authority issues this final rule (2) Before using any approved AMOC, to the FOIA by the Act. TVA exercises amending its Freedom of Information notify your appropriate principal inspector, no discretion in implementing these or lacking a principal inspector, the manager Act (FOIA) regulations to incorporate statutory changes, therefore, public of the local flight standards district office/ the statutory changes made to the FOIA notice and comment is not required certificate holding district office. by the FOIA Improvement Act of 2016 pursuant to 5 U.S.C. 553(b)(B). For these (Act). The TVA’s FOIA regulations (j) Related Information same reasons, the 30-day delay in provide the procedures by which the (1) For more information about this AD, effective date provided for in 5 U.S.C. public may request records from TVA, contact John Frost, Aerospace Engineer, FAA, 553(d) is waived. ECO Branch, Compliance and Airworthiness and the policies and procedures by Division, 1200 District Avenue, Burlington, which TVA provides such records to the List of Subjects in 18 CFR Part 1301 MA 01803; phone: 781–238–7756; fax: 781– public upon written request. TVA is Freedom of Information, Privacy, 238–7199; email: [email protected]. updating its regulations to incorporate Government in the Sunshine. (2) GE ASB CF34–8E SB 72–A0115, R04, the procedural requirements of the Act. dated December 9, 2016, and GE ASB CF34– For the reasons stated in the 8C SB 72–A0225, R03, dated December 9, DATES: This rule is effective September preamble, TVA amends 18 CFR part 2016, can be obtained from GE using the 1, 2017. 1301 as follows: contact information in paragraph (k)(3) of ADDRESSES: Tennessee Valley Authority, this AD. Freedom of Information Act Office, 400 PART 1301—PROCEDURES (k) Material Incorporated by Reference W. Summit Hill Drive (WT 7D), ■ Knoxville, TN 37902–1401. 1. The authority citation for part 1301 (1) The Director of the Federal Register Subpart A continues to read as follows: approved the incorporation by reference FOR FURTHER INFORMATION CONTACT: Ms. (IBR) of the service information listed in this Denise Smith, FOIA Officer, Tennessee Authority: 16 U.S.C. 831–831dd, 5 U.S.C. paragraph under 5 U.S.C. 552(a) and 1 CFR Valley Authority, 400 W. Summit Hill 552. ■ part 51. Drive (WT 7D), Knoxville, TN 37902– 2. Subpart A of part 1301 is revised as (2) You must use this service information 1401. Telephone: (865) 632–6945. follows: as applicable to do the actions required by this AD, unless the AD specifies otherwise. Email: [email protected]. Subpart A—Freedom of Information Act (i) General Electric Company (GE) Alert SUPPLEMENTARY INFORMATION: The FOIA Sec. Service Bulletin (ASB) CF34–8C SB 72– Improvement Act of 2016 requires that 1301.1 General provisions. A0137, Revision 5 (R05), dated June 15, 2016. Federal agencies review and update 1301.2 Proactive disclosures. (ii) GE ASB CF34–8E SB 72–A0060, their FOIA regulations in accordance 1301.3 Requirements for making requests. Revision 5 (R05), dated June 15, 2016. with its provisions. The provisions 1301.4 Responsibility for responding to (3) For General Electric Company service requests. information identified in this AD, contact include a requirement that agencies 1301.5 Timing of responses to requests. General Electric Company, GE-Aviation, make available for public inspection, in 1301.6 Responses to requests. Room 285, 1 Neumann Way, Cincinnati, OH an electronic format records, that have 1301.7 Exempt records. 45215, phone: 513–552–3272; fax: 513–552– become or are likely to become the 1301.8 Confidential commercial 3329; email: [email protected]. subject of subsequent requests for information.
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1301.9 Appeals. requester may receive greater access by its possession as of the date that it 1301.10 Preservation of records. submitting either a notarized begins its search. If any other date is 1301.11 Fees. authorization signed by that individual used, the agency will inform the 1301.12 Other rights and services. or a declaration made in compliance requester of that date. A record that is § 1301.1 General provisions. with the requirements set forth in 28 excluded from the requirements of the (a) This subpart contains the rules U.S.C. 1746 by that individual FOIA pursuant to 5 U.S.C. 552(c), is not that the Tennessee Valley Authority authorizing disclosure of the records to considered responsive to a request. (TVA) follows in processing requests for the requester, or by submitting proof (b) Authority to grant or deny records under the Freedom of that the individual is deceased (e.g., a requests. TVA’s FOIA Officer or the Information Act (FOIA), 5 U.S.C. 552. copy of a death certificate or an FOIA Officer’s designee is authorized to These rules should be read in obituary). As an exercise of grant or to deny any requests for records conjunction with the text of the FOIA administrative discretion, TVA may that are maintained by TVA. and the Uniform Freedom of require a requester to supply additional (c) Consultation, referral and Information Fee Schedule and information if necessary in order to coordination. When reviewing records Guidelines published by the Office of verify that a particular individual has located by TVA in response to a request, Management and Budget (‘‘OMB consented to disclosure. TVA will determine whether another Guidelines’’). Requests made by (b) Description of records sought. agency of the Federal Government is individuals for records about Requesters must describe the records better able to determine whether the themselves under the Privacy Act of sought in sufficient detail to enable TVA record is exempt from disclosure under 1974, 5 U.S.C. 552a, are processed in personnel to locate them with a the FOIA. As to any such record, TVA accordance with TVA’s Privacy Act reasonable amount of effort. To the shall proceed in one of the following regulations as well as under this extent possible, requesters should ways: (1) Consultation. When records subpart. include specific information that may help TVA identify the requested originated with the agency processing § 1301.2 Proactive disclosures. records, such as the date, title or name, the request, but contain within them Records that the FOIA requires author, recipient, subject matter of the information of interest to another agencies to make available for public record, case number, file designation, or agency or other Federal Government inspection in an electronic format may reference number. Before submitting office, the agency processing the request be accessed through the TVA Web site. their requests, requesters may contact should typically consult with that other Each TVA organization is responsible the TVA’s FOIA Officer or FOIA Public entity prior to making a release for determining which of its records Liaison to discuss the records they seek determination. must be made publicly available, for and to receive assistance in describing (2) Referral. (i) When the agency identifying additional records of interest the records. If after receiving a request processing the request believes that a to the public that are appropriate for the agency determines that the request different agency or component is best public disclosure, and for posting and does not reasonably describe the records able to determine whether to disclose indexing such records. Each TVA sought, the agency shall inform the the record, the agency typically should organization shall ensure that its posted requester of what additional information refer the responsibility for responding to records and indices are reviewed and is needed or why the request is the request regarding that record to that updated on an ongoing basis. TVA has otherwise insufficient. Requesters who agency. Ordinarily, the agency that a FOIA Requester Service Center and a are attempting to reformulate or modify originated the record is presumed to be FOIA Public Liaison who can assist such a request may discuss their request the best agency to make the disclosure individuals in locating TVA records. with the agency’s FOIA Officer or FOIA determination. However, if the agency Contact information for the FOIA Public Liaison. If a request does not processing the request and the Requester Service Center and Public reasonably describe the records sought, originating agency jointly agree that the Liaison is available at https:// the agency’s response to the request may agency processing the request is in the www.tva.com/Information/Freedom-of- be delayed. best position to respond regarding the Information/FOIA-Contacts. (c) Format of records sought. Requests record, then the record may be handled may specify the preferred form or format as a consultation. § 1301.3 Requirements for making (including electronic formats) for the (ii) Whenever an agency refers any requests. records you seek. TVA will part of the responsibility for responding (a) General information. (1) TVA has accommodate your request if the record to a request to another agency, it must a centralized system for responding to is readily reproducible in that form or document the referral, maintain a copy FOIA requests. To make a request for format. of the record that it refers, and notify the records, a requester should write (d) Requester contact information. requester of the referral, informing the directly to the Tennessee Valley Requesters must provide contact requester of the name(s) of the agency to Authority, FOIA Officer, 400 W. information, such as their phone which the record was referred, Summit Hill Drive (WT 7D), Knoxville, number, email address, and/or mailing including that agency’s FOIA contact TN 37902–1401. TVA’s Guide to address, to assist the agency in information. Information, which may be accessed on communicating with them and (3) Coordination. The standard the TVA Web site at https:// providing released records. referral procedure is not appropriate www.tva.com/Information/Freedom-of- where disclosure of the identity of the Information/A-Guide-to-Information- § 1301.4 Responsibility for responding to agency to which the referral would be About-The-Tennessee-Valley-Authority requests. made could harm an interest protected may be helpful in making your request. (a) In general. TVA’s FOIA Officer or by an applicable exemption, such as the (2) If you are making a request about the FOIA Officer’s designee is exemptions that protect personal yourself, see subpart B Privacy Act for responsible for responding to all FOIA privacy or national security interests. additional requirements. requests. In determining which records For example, if a non-law enforcement (3) Where a request for records are responsive to a request, TVA agency responding to a request for pertains to another individual, a ordinarily will include only records in records on a living third party locates
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within its files records originating with § 1301.5 Timing of responses to requests. the extension exceeds 10 working days, a law enforcement agency, and if the (a) In general. TVA ordinarily will TVA will, as described by the FOIA, existence of that law enforcement respond to requests according to their provide the requester with an interest in the third party was not order of receipt and placement in an opportunity to modify the request or publicly known, then to disclose that appropriate processing track as follows. arrange an alternative time period for law enforcement interest could cause an (b) Multitrack processing. TVA has processing the original or modified unwarranted invasion of the personal established three tracks for handling request. TVA will make available its privacy of the third party. Similarly, if requests and the track to which a FOIA Officer or its FOIA Public Liaison an agency locates within its files request is assigned will depend on the for this purpose. A list of agency FOIA material originating with an Intelligence nature of the request and the estimated Public Liaisons is available at https:// Community agency, and the processing time. Among the factors TVA www.foia.gov/report-makerequest.html. involvement of that agency in the matter may consider are the number of records TVA will also alert requesters to the is classified and not publicly requested, the number of pages involved availability of the Office of Government acknowledged, then to disclose or give in processing the request and the need Information Services (OGIS) to provide for consultations or referrals. TVA will attribution to the involvement of that dispute resolution services. As used in also designate a specific track for Intelligence Community agency could this paragraph, ‘‘unusual requests that are granted expedited cause national security harms. In such circumstances’’ means, but only to the processing, in accordance with the extent reasonable necessary to the instances, in order to avoid harm to an standards set forth in paragraph (e) of interest protected by an applicable proper processing of the particular this section. TVA will advise requesters requests: exemption, the agency that received the of the track into which their request (1) The need to search for and collect request should coordinate with the falls and, when appropriate, will offer the requested records from field originating agency to seek its views on the requesters an opportunity to narrow facilities or other establishments that are the disclosability of the record. The or modify their request so that it can be separate from the office processing the release determination for the record that placed in a different processing track. request; is the subject of the coordination should (1) Track 1. Requests that can be (2) The need to search for, collect, and then be conveyed to the requester by the answered with readily available records appropriately examine a voluminous agency that originally received the or information. These are the fastest to amount of separate and distinct records request. process. These requests ordinarily will which are demanded in a single request; (d) Classified information. On receipt be responded to within 20 working days or of any request involving classified of receipt of a proper request by the (3) The need for consultation, which information, the agency must determine FOIA Officer. The 20 working day time shall be conducted with all practicable whether the information is currently limit provided in this paragraph may be speed, with another agency having a and properly classified in accordance extended by TVA for unusual substantial interest in the determination with applicable classification rules. circumstances, as defined in paragraph of the request or among two or more Whenever a request involves a record (c) of this section, upon written notice components of the agency having to the person requesting the records. containing information that has been substantial subject-matter interest (2) Track 2. Requests where we need therein. classified or may be appropriate for records or information from other classification by another agency under (d) Aggregating requests. To satisfy offices throughout TVA, where we must unusual circumstances under the FOIA, any applicable executive order consult with other Government TVA may aggregate requests in cases concerning the classification of records, agencies, or when we must process a where it reasonably appears that the receiving agency must refer the submitter notice as described in multiple requests, submitted either by a responsibility for responding to the § 1301.8(d), but we do not expect that requester or by a group of requesters request regarding that information to the the decision on disclosure will be as acting in concert, constitute a single agency that classified the information, time consuming as for requests in Track request that would otherwise involve or that should consider the information 3. unusual circumstances. TVA cannot for classification. Whenever an agency’s (3) Track 3. Requests which require a aggregate multiple requests that involve record contains information that has decision or input from another office or unrelated matters. been derivatively classified (for agency, extensive submitter (e) Expedited processing. (1) TVA will example, when it contains information notifications because of the presence of process requests and appeals on an classified by another agency), the Business Information as defined in expedited basis whenever it is agency must refer the responsibility for § 1301.8(b)(1), and a considerable determined that they involve: responding to that portion of the request amount of time will be needed for that, (i) Circumstances in which the lack of to the agency that classified the or the request is complicated or involves expedited processing could reasonably underlying information. a large number of records. Usually, be expected to pose an imminent threat (e) Timing of responses to these requests will take the longest to to the life or physical safety of an consultations and referrals. All process. individual; (c) Unusual circumstances. Whenever consultations and referrals received by (ii) An urgency to inform the public the statutory time limit for processing a TVA will be handled according to the about an actual or alleged Federal request cannot be met because of date that the first agency received the Government activity, if made by a ‘‘unusual circumstances,’’ and TVA perfected FOIA request. person who is primarily engaged in extends the time limit on that basis, disseminating information; (f) Agreements regarding TVA will, before expiration of the 20- (iii) The loss of substantial due consultations and referrals. TVA may day period to respond, notify the process rights. establish agreements with other requester in writing of the unusual (2) A request for expedited processing agencies to eliminate the need for circumstances involved and of the date may be made at any time. For a prompt consultations or referrals with respect to by which TVA estimates processing of determination, requests based on particular types of records. the request will be completed. Where paragraphs (e)(1)(i) and (ii) of this
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section should be submitted to the TVA response to the requester. If a request (g) Markings on released documents. FOIA Officer. Requests based on involves a voluminous amount of Records disclosed in part must be paragraph (e)(1)(iii) of this section material, or searches in multiple marked clearly to show the amount of should be submitted in accordance with locations, TVA may provide interim information deleted and the exemption the agency’s requirements as described responses, releasing the records on a under which the deletion was made in § 1301.3. When making a request for rolling basis. unless doing so would harm an interest expedited processing of an (d) Grants of requests. Once TVA protected by an applicable exemption. administrative appeal, the request determines it will grant a request in full The location of the information deleted should be submitted to the TVA Chief or in part, it will notify the requester in must also be indicated on the record, if FOIA Officer and Appeals Official. writing. TVA will also inform the technically feasible. (3) A requester who seeks expedited requester of any fees charged under (h) Use of record exclusions. (1) In the processing must submit a statement, § 1301.11 of this subpart and will event that TVA identifies records that certified to be true and correct, disclose the requested records to the may be subject to exclusion from the explaining in detail the basis for making requester promptly upon payment of requirements of the FOIA pursuant to 5 the request for expedited processing. any applicable fees. U.S.C. 552(c), TVA will confer with the For example, under paragraph (e)(1)(ii) (e) Adverse determinations of Department of Justice, Office of of this section, a requester who is not a requests. If TVA makes an adverse Information Policy, to obtain approval full-time member of the news media determination denying a request in any to apply the exclusion. must establish that the requester is a respect, it will notify the requester of (2) If an exclusion is invoked, TVA person whose primary professional that determination in writing. Adverse will maintain an administrative record activity or occupation is information determinations, or denials of requests, of the process of invocation and dissemination, though it need not be the include decisions that: the requested approval of the exclusion by OIP. requester’s sole occupation. Such a record is exempt, in whole or in part; § 1301.7 Exempt records. requester also must establish a the request does not reasonably describe particular urgency to inform the public the records sought; the information (a) TVA’s records will be disclosed to about the government activity involved requested is not a record subject to the any person upon request as provided in in the request—one that extends beyond FOIA; the requested record does not this section, except records that are the public’s right to know about exist, cannot be located, or has been exempt and are not made available if government activity generally. The destroyed; or the requested record is not they are: (1)(i) Specifically authorized under existence of numerous articles readily reproducible in the form or criteria established by an Executive published on a given subject can be format sought by the requester. Adverse order to be kept secret in the interest of helpful in establishing the requirement determinations also include denials national defense or foreign policy, and that there be an ‘‘urgency to inform’’ the involving fees or fee waiver matters or (ii) Are in fact properly classified public on the topic. As a matter of denials of requests for expedited pursuant to such Executive order; administrative discretion, TVA may processing. In the event of an adverse (2) Related solely to the internal waive the formal certification determination, TVA will inform the personnel rules and practices of an requirement. requester of the availability of its FOIA agency; (4) TVA will notify the requester Public Liaison to offer assistance to within 10 calendar days of the receipt (3) Specifically exempted from requesters. disclosure by statute (other than section of a request for expedited processing of (f) Content of denial. The denial must its decision whether to grant or deny 552b of this title), if that statute— be signed by the head of the agency or (i)(A) Requires that the matters be expedited processing. If expedited their designee and must include: processing is granted, the request must withheld from the public in such a (1) The name and title or position of be given priority, placed in the manner as to leave no discretion on the the person responsible for the denial; processing track for expedited requests, issue; or (2) A brief statement of the reasons for and must be processed as soon as (B) Establishes particular criteria for the denial, including any FOIA practicable. If a request for expedited withholding or refers to particular types exemption applied by the agency in processing is denied, the agency must of matters to be withheld; and denying the request; act on any appeal of that decision (ii) If enacted after the date of (3) An estimate of the volume of any expeditiously. enactment of the OPEN FOIA Act of records or information withheld, such 2009, specifically cites to this § 1301.6 Responses to requests. as the number of pages or some other paragraph. (a) In general. TVA, to the extent reasonable form of estimation, although (4) Trade secrets and commercial or practicable, will communicate with such an estimate is not required if the financial information obtained from a requesters having access to the Internet volume is otherwise indicated by person and privileged or confidential; electronically, such as email. deletions marked on records that are (5) Inter-agency or intra-agency (b) Acknowledgments of requests. disclosed in part or if providing an memorandums or letters that would not TVA will acknowledge the request in estimate would harm an interest be available by law to a party other than writing and assign it an individualized protected by an applicable exemption; an agency in litigation with the agency, tracking number if it will take longer and provided that the deliberative process than 10 working days to process. TVA (4) A statement that the denial may be privilege shall not apply to records will include in the acknowledgment a appealed under § 1301.9(a) of this created 25 years or more before the date brief description of the records sought to subpart, and a description of the appeal on which the records were requested; allow requesters to more easily keep requirements. (6) Personnel and medical files and track of their requests. (5) A statement notifying the requester similar files the disclosure of which (c) Estimated dates of completion and of the assistance available from the would constitute a clearly unwarranted interim responses. Upon request, TVA agency’s FOIA Public Liaison and the invasion of personal privacy; will provide an estimated date by which dispute resolution services offered by (7) Records or information compiled the agency expects to provide a OGIS. for law enforcement purposes, but only
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to the extent that the production of such may be protected from disclosure under Executive Order 12600 of June 23, 1987; law enforcement records or Exemption 4 of the FOIA, 5 U.S.C. or information— 552(b)(4). (4) The designation made by the (i) Could reasonably be expected to (2) Submitter means any person or submitter under paragraph (b) of this interfere with enforcement proceedings, entity, including a corporation, State, or section appears obviously frivolous. In (ii) Would deprive a person of a right foreign government, but not including such case, TVA will give the submitter to a fair trial or an impartial another Federal Government entity, that written notice of any final decision to adjudication, provides confidential commercial disclose the information within a (iii) Could reasonably be expected to information, either directly or indirectly reasonable number of days prior to a constitute an unwarranted invasion of to the Federal Government. specified disclosure date. personal privacy, (b) Designation of confidential (e) Opportunity to object to disclosure. (iv) Could reasonably be expected to commercial information. A submitter of (1) TVA will specify a reasonable time disclose the identity of a confidential confidential commercial information period within which the submitter must source, including a State, local, or must use good faith efforts to designate respond to the notice referenced under foreign agency or authority or any by appropriate markings, at the time of paragraph (c)(1) of this section. private institution which furnished submission, any portion of its (2) If a submitter has any objections to information on a confidential basis, and, submission that it considers to be disclosure, it should provide TVA a in the case of a record or information protected from disclosure under detailed written statement that specifies compiled by a criminal law enforcement Exemption 4. These designations expire all grounds for withholding the authority in the course of a criminal 10 years after the date of the submission particular information under any investigation or by an agency unless the submitter requests and exemption of the FOIA. In order to rely conducting a lawful national security provides justification for a longer on Exemption 4 as basis for intelligence investigation, information designation period. nondisclosure, the submitter must furnished by a confidential source, (c) When notice to submitters is explain why the information constitutes (v) Would disclose techniques and required. (1) TVA will promptly provide a trade secret or commercial or financial procedures for law enforcement written notice to the submitter of information that is confidential. investigations or prosecutions, or would confidential commercial information (3) A submitter who fails to respond disclose guidelines for law enforcement whenever records containing such within the time period specified in the investigations or prosecutions if such information are requested under the notice will be considered to have no disclosure could reasonably be expected FOIA if TVA determines that it may be objection to disclosure of the to risk circumvention of the law, or required to disclose the records, information. TVA is not required to (vi) Could reasonably be expected to provided: consider any information received after endanger the life or physical safety of (i) The requested information has the date of any disclosure decision. Any any individual; been designated in good faith by the information provided by a submitter (8) Contained in or related to submitter as information considered under this subpart may itself be subject examination, operating, or condition protected from disclosure under to disclosure under the FOIA. reports prepared by, on behalf of, or for Exemption 4; or (f) Analysis of objections. TVA will the use of an agency responsible for the (ii) TVA has a reason to believe that consider a submitter’s objections and regulation or supervision of financial the requested information may be specific grounds for nondisclosure in institutions; or protected from disclosure under deciding whether to disclose the (9) Geological and geophysical Exemption 4, but has not yet requested information. information and data, including maps, determined whether the information is (g) Notice of intent to disclose. concerning wells. protected from disclosure. (b) The availability of certain classes Whenever TVA decides to disclose of nonexempt records is deferred for (2) The notice must either describe information over the objection of a such time as TVA may determine is the commercial information requested submitter, TVA will provide the reasonable necessary to avoid or include a copy of the requested submitter written notice, which will interference with the accomplishment of records or portions of records include: its statutory responsibilities. Such containing the information. In cases (1) A statement of the reasons why records include bids and information involving a voluminous number of each of the submitter’s disclosure concerning the identity and number of submitters, the agency may post or objections was not sustained; bids received prior to bid opening and publish a notice in a place or manner (2) A description of the information to award; and all negotiations in progress reasonably likely to inform the be disclosed or copies of the records as involving contracts or agreements for submitters of the proposed disclosure, TVA intends to release them; and the acquisition or disposal of real or instead of sending individual (3) A specified disclosure date, which personal property by TVA prior to the notifications. must be a reasonable time after the conclusion of such negotiations. Any (d) Exceptions to submitter notice notice. reasonably segregable portion of an requirements. The notice requirements (h) Notice of FOIA lawsuit. Whenever available record shall be provided to of this section do not apply if: a requester files a lawsuit seeking to any person requesting such record after (1) TVA determines that the compel the disclosure of confidential deletion of the portions which are information is exempt under the FOIA, commercial information, TVA will exempt under this paragraph. and therefore will not be disclosed; promptly notify the submitter. (2) The information has been lawfully (i) Requester notification. TVA will § 1301.8 Confidential commercial published or has been officially made notify the requester whenever it information. available to the public; provides the submitter with notice and (a) Definitions—(1) Confidential (3) Disclosure of the information is an opportunity to object to disclosure; commercial information means required by a statute other than the whenever it notifies the submitter of its commercial or financial information FOIA or by a regulation issued in intent to disclose the requested obtained by TVA from a submitter that accordance with the requirements of information; and whenever a submitter
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files a lawsuit to prevent the disclosure process in an attempt to resolve the duplicating (and, in the case of of the information. dispute. commercial use requests, reviewing) (e) When appeal is required. Before records in order to respond to a FOIA § 1301.9 Appeals. seeking review by a court of TVA’s request. For example, direct costs (a) Requirements for making an adverse determination, a requester include the salary of the employee appeal. A requester may appeal any generally must first submit a timely performing the work (i.e., the basic rate adverse determinations to TVA’s office administrative appeal. of pay for the employee, plus 16 percent designated to receive FOIA appeals of that rate to cover benefits) and the (FOIA Appeals Office). Examples of § 1301.10 Preservation of records. cost of operating computers and other adverse determinations are provided in TVA will preserve all correspondence electronic equipment, such as § 1301.6(e) of this subpart. Requesters pertaining to the requests that it receives photocopiers and scanners. Direct costs can submit appeals by mail to TVA under this subpart, as well as copies of do not include overhead expenses such FOIA Appeals Official, Tennessee all requested records, until disposition as the costs of space, and of heating or Valley Authority, 400 W. Summit Hill or destruction is authorized pursuant to lighting a facility. Drive (WT 7C), Knoxville, TN 37902– title 44 of the United States Code or the (3) Duplication is reproducing a copy 1401. The requester must make the General Records Schedule 4.2 of the of a record, or of the information appeal in writing and to be considered National Archives and Records contained in it, necessary to respond to timely it must be postmarked within 90 Administration. TVA will not dispose of a FOIA request. Copies can take the calendar days after the date of the initial or destroy records while they are the form of paper, audiovisual materials, or response. The appeal should clearly subject of a pending request, appeal, or electronic records, among others. identify the agency determination that is lawsuit under the FOIA. (4) Educational institution is any being appealed and the assigned request § 1301.11 Fees. school that operates a program of number. To facilitate handling, the scholarly research. A requester in this requester should mark both the appeal (a) In general. (1) TVA will charge for processing requests under the FOIA in fee category must show that the request letter and envelope ‘‘Freedom of is made in connection with his or her Information Act Appeal.’’ accordance with the provisions of this section and with the OMB Guidelines. role at the educational institution. TVA (b) Adjudication of appeals. (1) The For purposes of assessing fees, the FOIA may seek verification from the requester TVA Chief FOIA Officer and FOIA establishes three categories of that the request is in furtherance of Appeals Official or designee will act on requesters: scholarly research and TVA will advise all appeals under this section. (i) Commercial use requesters; requesters of their placement in this (2) An appeal ordinarily will not be (ii) Non-commercial scientific or category. adjudicated if the request becomes a educational institutions or news media Example 1. A request from a professor matter of FOIA litigation. requesters; and of geology at a university for records (3) On receipt of any appeal involving (iii) All other requesters. relating to soil erosion, written on classified information, the Chief FOIA (2) Different fees are assessed letterhead of the Department of Geology, Officer and FOIA Appeals Official will depending on the category. Requesters would be presumed to be from an take appropriate action to ensure may seek a fee waiver. TVA will educational institution. compliance with applicable consider requests for fee waivers in Example 2. A request from the same classification rules. accordance with the requirements in professor of geology seeking drug (c) Decisions on appeals. TVA will paragraph (k) of this section. To resolve information from the Food and Drug provide its decision on an appeal in any fee issues that arise under this Administration in furtherance of a writing. A decision that upholds TVA’s section, TVA may contact a requester for murder mystery he is writing would not determination in whole or in part must additional information. TVA will ensure be presumed to be an institutional contain a statement that identifies the that searches, review, and duplication request, regardless of whether it was reasons for the affirmance, including are conducted in the most efficient and written on institutional stationery. any FOIA exemptions applied. The the least expensive manner. TVA Example 3. A student who makes a decision must provide the requester ordinarily will collect all applicable fees request in furtherance of their with notification of the statutory right to before sending copies of records to a coursework or other school-sponsored file a lawsuit and will inform the requester. Requesters must pay fees by activities and provides a copy of a requester of the dispute resolution check or money order made payable to course syllabus or other reasonable services offered by the Office of the Tennessee Valley Authority, or by documentation to indicate the research Government Information Services another method as determined by TVA. purpose for the request, would qualify (OGIS) of the National Archives and (b) Definitions. For purposes of this as part of this fee category. Records Administration as a non- section: (5) Noncommercial scientific exclusive alternative to litigation. If (1) Commercial use request is a institution is an institution that is not TVA’s decision is remanded or modified request that asks for information for a operated on a ‘‘commercial’’ basis, as on appeal, TVA will notify the requester use or a purpose that furthers a defined in paragraph (b)(1) of this of that determination in writing. TVA commercial, trade, or profit interest, section and that is operated solely for will then further process the request in which can include furthering those the purpose of conducting scientific accordance with that appeal interests through litigation. TVA’s research the results of which are not determination and will respond directly decision to place a requester in the intended to promote any particular to the requester. commercial use category will be made product or industry. A requester in this (d) Engaging in dispute resolution on a case-by-case basis based on the category must show that the request is services provided by OGIS. Dispute requester’s intended use of the authorized by and is made under the resolution is a voluntary process. If TVA information. TVA will notify requesters auspices of a qualifying institution and agrees to participate in the dispute of their placement in this category. that the records are sought to further resolution services provided by OGIS, it (2) Direct costs are those expenses scientific research and are not for a will actively engage as a partner to the that TVA incurs in searching for and commercial use. TVA will advise
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requesters of their placement in this the fee amounts provided below already (3) Review. TVA will charge review category. account for the direct costs associated fees to requesters who make commercial (6) Representative of the news media with a given fee type, agencies should use requests. Review fees will be is any person or entity that gathers not add any additional costs to charges assessed in connection with the initial information of potential interest to a calculated under this section. review of the record, i.e., the review segment of the public, uses its editorial (1) Search. (i) Requests made by conducted by TVA to determine skills to turn the raw materials into a educational institutions, noncommercial whether an exemption applies to a distinct work, and distributes that work scientific institutions, or representatives particular record or portion of a record. to an audience. The term ‘‘news’’ means of the news media are not subject to No charge will be made for review at the information that is about current events search fees. TVA will charge search fees administrative appeal stage of or that would be of current interest to for all other requesters, subject to the exemptions applied at the initial review the public. Examples of news media restrictions of paragraph (d) of this stage. However, if a particular entities include television or radio section. TVA may properly charge for exemption is deemed to no longer stations that broadcast ‘‘news’’ to the time spent searching even if they do not apply, any costs associated with an public at large and publishers of locate any responsive records or if they agency’s re-review of the records in periodicals that disseminate ‘‘news’’ determine that the records are entirely order to consider the use of other and make their products available exempt from disclosure. exemptions may be assessed as review through a variety of means to the (ii) For each hour spent by personnel fees. Review fees will be charged at the general public, including news searching for requested records, same rates as those charged for a search organizations that disseminate solely on including electronic searches that do under paragraph (c)(1)(ii) of this section. the Internet. A request for records not require new programming, the fees (d) Restrictions on charging fees. (1) supporting the news-dissemination will be charged as follows: For time When TVA determines that a requester function of the requester will not be spent by clerical employees, the charge is an educational institution, non- considered to be for a commercial use. is $14.90 per hour. For time spent by commercial scientific institution, or ‘‘Freelance’’ journalists who supervisory and professional representative of the news media, and demonstrate a solid basis for expecting employees, the charge is $34.30 per the records are not sought for publication through a news media entity hour. commercial use, it will not charge will be considered as a representative of (iii) TVA will charge the direct costs search fees. the news media. A publishing contract associated with conducting any search (2)(i) If TVA fails to comply with the would provide the clearest evidence that requires the creation of a new FOIA’s time limits in responding to a that publication is expected; however, computer program to locate the request, it may not charge search fees, agencies can also consider a requester’s requested records. TVA must notify the or, in the instances of requests from past publication record in making this requester of the costs associated with requesters described in paragraph (d)(1) determination. TVA will advise creating such a program, and the of this section, may not charge requesters of their placement in this requester must agree to pay the duplication fees, except as described in category. associated costs before the costs may be paragraphs (d)(2)(ii) through (iv) of this (7) Search is the process of looking for incurred. section. and retrieving records or information (iv) For requests that require the (ii) If TVA has determined that responsive to a request. Search time retrieval of records stored by TVA at a unusual circumstances, as defined by includes page-by-page or line-by-line Federal records center operated by the the FOIA, apply and the agency identification of information within National Archives and Records provided timely written notice to the records and the reasonable efforts Administration (NARA), TVA will requester in accordance with the FOIA, expended to locate and retrieve charge additional costs in accordance a failure to comply with the time limit information from electronic records. with the Transactional Billing Rate shall be excused for an additional 10 (8) Review is the examination of a Schedule established by NARA. days. record located in response to a request (2) Duplication. TVA will charge (iii) If TVA has determined that in order to determine whether any duplication fees to all requesters, unusual circumstances, as defined by portion of it is exempt from disclosure. subject to the restrictions of paragraph the FOIA, apply and more than 5,000 Review time includes processing any (d) of this section. TVA must honor a pages are necessary to respond to the record for disclosure, such as doing all requester’s preference for receiving a request, TVA may charge search fees, or, that is necessary to prepare the record record in a particular form or format in the case of requesters described in for disclosure, including the process of where TVA can readily reproduce it in paragraph (d)(1) of this section, may redacting the record and marking the the form or format requested. Where charge duplication fees, if the following appropriate exemptions. Review costs photocopies are supplied, TVA will steps are taken. TVA must have are properly charged even if a record provide one copy per request at the cost provided timely written notice of ultimately is not disclosed. Review time of 10 cents per page for sheets no larger unusual circumstances to the requester also includes time spent both obtaining than 81⁄2 by 14 inches. For copies of in accordance with the FOIA and TVA and considering any formal objection to records produced on tapes, disks, or must have discussed with the requester disclosure made by a confidential other media, TVA will charge the direct via written mail, email, or telephone (or commercial information submitter costs of producing the copy, including made not less than three good-faith under § 1301.7 of this subpart, but it operator time. Where paper documents attempts to do so) how the requester does not include time spent resolving must be scanned in order to comply could effectively limit the scope of the general legal or policy issues regarding with a requester’s preference to receive request in accordance with 5 U.S.C. the application of exemptions. the records in an electronic format, the 552(a)(6)(B)(ii). If this exception is (c) Charging fees. In responding to requester must also pay the direct costs satisfied, TVA may charge all applicable FOIA requests, TVA will charge the associated with scanning those fees incurred in the processing of the following fees unless a waiver or materials. For other forms of request. reduction of fees has been granted under duplication, TVA will charge the direct (iv) If a court has determined that paragraph (k) of this section. Because costs. exceptional circumstances exist, as
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defined by the FOIA, a failure to comply the estimated fees in excess of the it may require that the requester make with the time limits shall be excused for amount the requester has indicated a an advance payment up to the amount the length of time provided by the court willingness to pay. TVA will inquire of the entire anticipated fee before order. whether the requester wishes to revise beginning to process the request. TVA (3) No search or review fees will be the amount of fees the requester is may elect to process the request prior to charged for a quarter-hour period unless willing to pay or modify the request. collecting fees when it receives a more than half of that period is required Once the requester responds, the time to satisfactory assurance of full payment for search or review. respond will resume from where it was from a requester with a history of (4) Except for requesters seeking at the date of the notification. prompt payment. records for a commercial use, TVA must (4) TVA will make available its FOIA (3) Where a requester has previously provide without charge: Officer or FOIA Public Liaison to assist failed to pay a properly charged FOIA (i) The first 100 pages of duplication any requester in reformulating a request fee to any agency within 30 calendar (or the cost equivalent for other media); to meet the requester’s needs at a lower days of the billing date, TVA may and cost. require that the requester pay the full (ii) The first two hours of search. (f) Charges for other services. amount due, plus any applicable (5) No fee will be charged when the Although not required to provide interest on that prior request, and TVA total fee, after deducting the 100 free special services, if TVA chooses to do so may require that the requester make an pages (or its cost equivalent) and the as a matter of administrative discretion, advance payment of the full amount of first two hours of search, is equal to or the direct costs of providing the service any anticipated fee before TVA begins to less than $25. will be charged. Examples of such process a new request or continues to (e) Notice of anticipated fees in excess services include certifying that records process a pending request or any of $25.00. (1) When TVA determines or are true copies, providing multiple pending appeal. Where TVA has a estimates that the fees to be assessed in copies of the same document, or reasonable basis to believe that a accordance with this section will exceed sending records by means other than requester has misrepresented the $25.00, TVA will notify the requester of first class mail. requester’s identity in order to avoid the actual or estimated amount of the (g) Charging interest. TVA may charge paying outstanding fees, it may require fees, including a breakdown of the fees interest on any unpaid bill starting on that the requester provide proof of for search, review or duplication, unless the 31st day following the date of billing identity. the requester has indicated a the requester. Interest charges will be (4) In cases in which TVA requires willingness to pay fees as high as those assessed at the rate provided in 31 advance payment, the request will not anticipated. If only a portion of the fee U.S.C. 3717 and will accrue from the be considered received and further work can be estimated readily, TVA will billing date until payment is received by will not be completed until the required advise the requester accordingly. If the TVA. TVA must follow the provisions of payment is received. If the requester request is not for noncommercial use, the Debt Collection Act of 1982 (Pub. L. does not pay the advance payment the notice will specify that the requester 97–365, 96 Stat. 1749), as amended, and within 30 calendar days after the date of is entitled to the statutory entitlements its administrative procedures, including TVA’s fee determination, the request of 100 pages of duplication at no charge the use of consumer reporting agencies, will be closed. and, if the requester is charged search collection agencies, and offset. (j) Other statutes specifically fees, two hours of search time at no (h) Aggregating requests. When TVA providing for fees. The fee schedule of charge, and will advise the requester reasonably believes that a requester or a this section does not apply to fees whether those entitlements have been group of requesters acting in concert is charged under any statute that provided. attempting to divide a single request specifically requires an agency to set (2) If TVA notifies the requester that into a series of requests for the purpose and collect fees for particular types of the actual or estimated fees are in excess of avoiding fees, TVA may aggregate records. In instances where records of $25.00, the request will not be those requests and charge accordingly. responsive to a request are subject to a considered received and further work TVA may presume that multiple statutorily-based fee schedule program, will not be completed until the requests of this type made within a 30- TVA will inform the requester of the requester commits in writing to pay the day period have been made in order to contact information for that program. actual or estimated total fee, or avoid fees. For requests separated by a (k) Requirements for waiver or designates some amount of fees the longer period, TVA will aggregate them reduction of fees. (1) Requesters may requester is willing to pay, or in the case only where there is a reasonable basis seek a waiver of fees by submitting a of a noncommercial use requester who for determining that aggregation is written application demonstrating how has not yet been provided with the warranted in view of all the disclosure of the requested information requester’s statutory entitlements, circumstances involved. Multiple is in the public interest because it is designates that the requester seeks only requests involving unrelated matters likely to contribute significantly to that which can be provided by the cannot be aggregated. public understanding of the operations statutory entitlements. The requester (i) Advance payments. (1) For or activities of the government and is must provide the commitment or requests other than those described in not primarily in the commercial interest designation in writing, and must, when paragraphs (i)(2) or (i)(3) of this section, of the requester. applicable, designate an exact dollar TVA cannot require the requester to (2) TVA will furnish records amount the requester is willing to pay. make an advance payment before work responsive to a request without charge TVA is not required to accept payments is commenced or continued on a or at a reduced rate when it determines, in installments. request. Payment owed for work already based on all available information, that (3) If the requester has indicated a completed (i.e., payment before copies the factors described in paragraphs willingness to pay some designated are sent to a requester) is not an advance (k)(2)(i) through (iii) of this section are amount of fees, but TVA estimates that payment. satisfied: the total fee will exceed that amount, (2) When TVA determines or (i) Disclosure of the requested TVA will toll the processing of the estimates that a total fee to be charged information would shed light on the request when it notifies the requester of under this section will exceed $250.00, operations or activities of the
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government. The subject of the request (3) Where only some of the records to FOR FURTHER INFORMATION CONTACT: If must concern identifiable operations or be released satisfy the requirements for you have questions on this temporary activities of the Federal Government a waiver of fees, a waiver must be deviation, call or email Mr. Steven with a connection that is direct and granted for those records. Fischer, Bridge Administrator, clear, not remote or attenuated. (4) Requests for a waiver or reduction Thirteenth Coast Guard District; (ii) Disclosure of the requested of fees should be made when the request telephone 206–220–7282, email d13-pf- information is likely to contribute is first submitted to TVA and should [email protected]. significantly to public understanding of address the criteria referenced above. A those operations or activities. This requester may submit a fee waiver SUPPLEMENTARY INFORMATION: factor is satisfied when the following request at a later time so long as the Multnomah County, bridge owner, has criteria are met: underlying record request is pending or requested a temporary deviation from (A) Disclosure of the requested on administrative appeal. When a the operating schedule for the records must be meaningfully requester who has committed to pay Hawthorne Bridge across the Willamette informative about government fees subsequently asks for a waiver of River, mile 13.1, at Portland, OR. The operations or activities. The disclosure those fees and that waiver is denied, the requested deviation is to accommodate of information that already is in the requester must pay any costs incurred the Race for the Cure event. To facilitate public domain, in either the same or a up to the date the fee waiver request this event, the draw of the subject bridge substantially identical form, would not was received. will be allowed to remain in the closed- be meaningfully informative if nothing § 1301.12 Other rights and services. to-navigation position and need not new would be added to the public’s open to marine traffic from 7 a.m. to Nothing in this subpart shall be understanding. noon on September 17, 2017. The (B) The disclosure must contribute to construed to entitle any person, as of right, to any service or to the disclosure Hawthorne Bridge provides a vertical the understanding of a reasonably broad clearance of 49 feet in the closed-to- audience of persons interested in the of any record to which such person is not entitled under the FOIA. navigation position referenced to the subject, as opposed to the individual vertical clearance above Columbia River understanding of the requester. A Janet J. Brewer, Datum 0.0. The normal operating requester’s expertise in the subject area Senior Vice President, Chief Communications schedule is in 33 CFR 117.897(c)(3)(v). as well as the requester’s ability and & Marketing Officer, Tennessee Valley Waterway usage on this part of the intention to effectively convey Authority. Willamette River includes vessels information to the public must be [FR Doc. 2017–18626 Filed 8–31–17; 8:45 am] ranging from commercial tug and barge considered. TVA will presume that a BILLING CODE 8120–08–P to small pleasure craft. The Coast Guard representative of the news media will satisfy this consideration. provided notice of and requested objections to this deviation to local (iii) The disclosure must not be DEPARTMENT OF HOMELAND mariners via the Local Notice Mariners, primarily in the commercial interest of SECURITY the requester. To determine whether and email. No objections were disclosure of the requested information Coast Guard submitted to the Coast Guard. is primarily in the commercial interest Vessels able to pass through the of the requester, TVA will consider the 33 CFR Part 117 bridge in the closed-to-navigation following criteria: [Docket No. USCG–2017–0825] position may do so at any time. The (A) TVA must identify whether the bridge will be able to open for requester has any commercial interest Drawbridge Operation Regulation; emergencies, and there is no immediate that would be furthered by the Willamette River at Portland, OR alternate route for vessels to pass. The requested disclosure. A commercial Coast Guard will inform the users of the AGENCY: Coast Guard, DHS. interest includes any commercial, trade, waterway, through our Local and ACTION: or profit interest. Requesters will be Notice of deviation from Broadcast Notices to Mariners, of the drawbridge regulation. given an opportunity to provide change in operating schedule for the explanatory information regarding this SUMMARY: bridge so that vessel operators can consideration. The Coast Guard has issued a temporary deviation from the operating arrange their transits to minimize any (B) If there is an identified schedule that governs the Hawthorne impact caused by the temporary commercial interest, TVA must Bridge across the Willamette River, mile deviation. determine whether that is the primary 13.1, at Portland, OR. The deviation is interest furthered by the request. A In accordance with 33 CFR 117.35(e), necessary to accommodate the Race for waiver or reduction of fees is justified the drawbridge must return to its regular the Cure event. This deviation allows when the requirements of paragraphs operating schedule immediately at the the bridge to remain in the closed-to- (k)(2)(i) and (ii) of this section are end of the effective period of this navigation position to allow safe satisfied and any commercial interest is temporary deviation. This deviation roadway movement of event not the primary interest furthered by the from the operating regulations is participants. request. TVA ordinarily will presume authorized under 33 CFR 117.35. that when a news media requester has DATES: This deviation is effective from Dated: August 25, 2017. satisfied factors paragraphs (k)(2)(i) and 7 a.m. to noon on September 17, 2017. Steven M. Fischer, (ii), the request is not primarily in the ADDRESSES: The docket for this commercial interest of the requester. deviation, USCG–2017–0825 is available Bridge Administrator, Thirteenth Coast Guard Disclosure to data brokers or others who at http://www.regulations.gov. Type the District. merely compile and market government docket number in the ‘‘SEARCH’’ box [FR Doc. 2017–18545 Filed 8–31–17; 8:45 am] information for direct economic return and click ‘‘SEARCH.’’ Click on Open BILLING CODE 9110–04–P will not be presumed to primarily serve Docket Folder on the line associated the public interest. with this deviation.
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DEPARTMENT OF HOMELAND 33 CFR 117.897(c)(3)(iv). The vertical DATES: This deviation is effective from SECURITY clearance is above Columbia River 9 a.m. through 10 a.m. on September 9, Datum 0.0. 2017. Coast Guard The deviation period is from 6 a.m. on September 5, 2017 through 7 p.m. on ADDRESSES: The docket for this 33 CFR Part 117 October 31, 2017. The deviation allows deviation, USCG–2017–0822, is available at http://www.regulations.gov. [Docket No. USCG–2017–0826] the Morrison Bridge operator to only open half the span for maritime traffic Type the docket number in the Drawbridge Operation Regulation; with at least a two hour advanced ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Willamette River, Portland, OR notice. Waterway usage on this part of Click on Open Docket Folder on the line the Willamette River includes vessels associated with this deviation. AGENCY: Coast Guard, DHS. ranging from commercial tug and barge FOR FURTHER INFORMATION CONTACT: If ACTION: Notice of deviation from to small pleasure craft. you have questions on this temporary drawbridge regulation. Vessels able to pass through the deviation, call or email James M. Moore, Morrison Bridge in the closed-to- SUMMARY: Bridge Management Specialist, First The Coast Guard has issued a navigation position may do so at any District Bridge Branch, U.S. Coast temporary deviation from the operating time. A tug will be provided, upon schedule that governs the Morrison request, to assist vessels through the Guard; telephone 212–514–4334, email Bridge across the Willamette River, mile single leaf span opening. The bridge [email protected]. 12.8, at Portland, Oregon. The deviation will be able to open half the span for SUPPLEMENTARY INFORMATION: is necessary to accommodate The Smith emergencies with a two hour notice and Point Bridge, mile 6.1, across Narrow Multnomah County’s (bridge owner) there is no immediate alternate route for replacement of the bridge decking. This Bay, has a vertical clearance of 18 feet vessels to pass. The Coast Guard will at mean high water and 19 feet at mean deviation allows the bridge to only open also inform the users of the waterways half of the span, single leaf, to allow for low water in the closed position. The through our Local and Broadcast existing drawbridge operating the replacement of bridge decking. The Notices to Mariners of the change in deviation also allows the vertical regulations are listed at 33 CFR operating schedule for the bridges so 117.799(d). clearance to be reduced due to the that vessel operators can arrange their project’s containment system. transits to minimize any impact caused The temporary deviation will allow DATES: This deviation is effective from by the temporary deviation. the Smith Point Bridge to remain closed 6 a.m. on September 5, 2017 through 7 In accordance with 33 CFR 117.35(e), from 9 a.m. through 10 a.m. on p.m. on October 31, 2017. the drawbridge must return to its regular September 9, 2017. The waterway is ADDRESSES: The docket for this operating schedule immediately at the used primarily by seasonal recreational deviation, USCG–2017–0826 is available end of the designated time period. This vessels and occasional tug/barge traffic. at http://www.regulations.gov. Type the deviation from the operating regulations Coordination with waterway users has docket number in the ‘‘SEARCH’’ box is authorized under 33 CFR 117.35. indicated no objections to the proposed and click ‘‘SEARCH.’’ Click on Open Dated: August 25, 2017. short-term closure of the draw. Docket Folder on the line associated Vessels that can pass under the bridge with this deviation. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard without an opening may do so at all FOR FURTHER INFORMATION CONTACT: If District. times. The bridge will be able to open you have questions on this temporary [FR Doc. 2017–18546 Filed 8–31–17; 8:45 am] for emergencies. There is no alternate deviation, call or email Mr. Steven BILLING CODE 9110–04–P route for vessels to pass. Fischer, Bridge Administrator, Thirteenth Coast Guard District; The Coast Guard will also inform the users of the waterways through our telephone 206–220–7282, email d13-pf- DEPARTMENT OF HOMELAND Local and Broadcast Notices to Mariners [email protected]. SECURITY SUPPLEMENTARY INFORMATION: of the change in operating schedule for Multnomah County has requested that Coast Guard the bridge so that vessel operators can the Morrison Bridge across the arrange their transits to minimize any Willamette River, mile 12.8, be allowed 33 CFR Part 117 impact caused by the temporary to only open half the span, 92 feet, as deviation. [Docket No. USCG–2017–0822] opposed to a full opening, 185 feet, to In accordance with 33 CFR 117.35(e), accommodate the replacement of the Drawbridge Operation Regulation; the drawbridge must return to its regular bridge decking. The county has also Narrow Bay, Brookhaven, NY operating schedule immediately at the requested to reduce the vertical end of the effective period of this clearance of the non-functioning leaf AGENCY: Coast Guard, DHS. temporary deviation. This deviation with scaffolding erected 10 feet below ACTION: Notice of deviation from from the operating regulations is the lower bridge cord for a containment drawbridge regulation. authorized under 33 CFR 117.35. system, and require at least a two hour advance notice for an opening. The SUMMARY: The Coast Guard has issued a Dated: August 29, 2017. Morrison Bridge is a double bascule temporary deviation from the operating Christopher J. Bisignano, bridge. When the bascule span is in the schedule that governs the Smith Point Supervisory Bridge Management Specialist, closed-to-navigation position, the bridge Bridge across Narrow Bay, mile 6.1, at First Coast Guard District. provides 69 feet of vertical clearance, Brookhaven, New York. This deviation [FR Doc. 2017–18576 Filed 8–31–17; 8:45 am] which will be reduced to 59 feet with is necessary in order to facilitate the BILLING CODE 9110–04–P the containment system in place. The annual 5K Run for Literacy and allows normal operating schedule for the the bridge to remain in the closed Morrison Bridge is in accordance with position for one hour.
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DEPARTMENT OF HOMELAND without prior notice and opportunity to on the north by the Benjamin Franklin SECURITY comment when the agency for good Bridge where it crosses the Delaware cause finds that those procedures are River. Coast Guard impracticable, unnecessary, or contrary Access to this safety zone will be to the public interest. Under 5 U.S.C. restricted during the specified date and 33 CFR Part 165 553(b)(B), the Coast Guard finds that time period. Only vessels or persons specifically authorized by the Captain of [Docket No. USCG–2017–0543] good cause exists for foregoing public comment with respect to this rule. the Port Delaware Bay or designated RIN 1625–AA00 Insufficient time remains to publish a representative may enter or remain in Notice of Proposed Rule Making the regulated area. This safety zone will Safety Zone; Delaware River, (NPMR) and allow for a public comment be enforced on September 3, September Philadelphia, PA period before the events, which are 10, and September 13, 2017 from 7:45 AGENCY: Coast Guard, DHS. scheduled to take place September 3, p.m. to 10:30 p.m. each day. September 10, and September 13, 2017. ACTION: Temporary final rule. V. Regulatory Analyses The safety zone must be in effect on SUMMARY: The Coast Guard is those dates in order to serve its purpose We developed this rule after establishing a temporary safety zone for of ensuring the safety of spectators and considering numerous statutes and multiple fireworks events launched in the general public from hazards Executive orders related to rulemaking. the vicinity of Penn’s Landing in associated with the fireworks display. Below we summarize our analyses Philadelphia, Pennsylvania for the Hazards may include accidental based on a number of these statutes and waters of Delaware River, Philadelphia, discharge of fireworks, dangerous Executive orders, and we discuss First PA. Enforcement of this safety zone is projectiles, and falling hot embers or Amendment rights of protestors. necessary and intended to enhance other debris. For those reasons, it would A. Regulatory Planning and Review safety of life on navigable waters be impracticable and contrary to the Executive Orders 12866 and 13563 immediately prior to, during, and public interest to publish an NPRM. direct agencies to assess the costs and immediately after these fireworks For the reason discussed above, under benefits of available regulatory events. During the enforcement periods, 5 U.S.C. 553(d)(3), the Coast Guard finds alternatives and, if regulation is no vessel may enter in or transit this that good cause exists for making this necessary, to select regulatory regulated area without approval from rule effective less than 30 days after approaches that maximize net benefits. the Captain of the Port or a designated publication in the Federal Register. Executive Order 13563 emphasizes the representative. Delaying the effective date would be contrary to the rule’s objectives of importance of quantifying both costs DATES: This rule is effective from ensuring safety of life on the navigable and benefits, of reducing costs, of September 3, 2017 to September 13, waters and protection of persons and harmonizing rules, and of promoting 2017. vessels in the vicinity of the fireworks flexibility. Executive Order 13771 ADDRESSES: To view documents display. The events have been widely (‘‘Reducing Regulation and Controlling mentioned in this preamble as being publicized in local media outlets. Regulatory Costs’’), directs agencies to available in the docket, go to http:// reduce regulation and control regulatory www.regulations.gov, type USCG–2017– III. Legal Authority and Need for Rule costs and provides that ‘‘for every one 0543 in the ‘‘SEARCH’’ box and click The Coast Guard is issuing this rule new regulation issued, at least two prior ‘‘SEARCH.’’ Click on Open Docket under authority in 33 U.S.C. 1231. The regulations be identified for elimination, Folder on the line associated with this Captain of the Port Delaware Bay has and that the cost of planned regulations rule. determined that this temporary safety be prudently managed and controlled FOR FURTHER INFORMATION CONTACT: If zone is necessary to enhance the safety through a budgeting process.’’ you have questions on this rule, call or of the public, spectators, vessels, and This rule has not been designated a email MST2 Amanda Boone, U.S. Coast navigable waters immediately prior to, ‘‘significant regulatory action,’’ under Guard, Sector Delaware Bay, Waterways during, and immediately after these Executive Order 12866. Accordingly, it Management Division, telephone (215) fireworks events. has not been reviewed by the Office of Management and Budget (OMB). 271–4814, email Amanda.N.Boone@ IV. Discussion of the Rule uscg.mil. As this rule is not a significant On September 3, September 10, and regulatory action, this rule is exempt SUPPLEMENTARY INFORMATION: September 13, 2017 fireworks display from the requirements of Executive I. Table of Abbreviations events will take place in the vicinity of Order 13771. See OMB’s Memorandum Penn’s Landing in Philadelphia, PA. titled ‘‘Interim Guidance Implementing CFR Code of Federal Regulations The Coast Guard is establishing a Section 2 of the Executive Order of DHS Department of Homeland Security temporary safety zone in a portion of FR Federal Register January 30, 2017 titled ‘Reducing § Section Delaware River, Philadelphia, PA to Regulation and Controlling Regulatory U.S.C. United States Code ensure the safety of persons, vessels, Costs’ ’’ (February 2, 2017). COTP Captain of the Port and the public during the event. The This regulatory action determination safety zone includes all waters of the is based on the size, location, and II. Background Information and Delaware River, adjacent to Penn’s duration of the safety zone. Vessel Regulatory History Landing, Philadelphia, PA, bounded traffic will be unable to transit the safety The Coast Guard is issuing this from shoreline to shoreline, bounded on zone for the duration of the fireworks temporary final rule without prior the south by a line running east to west events; however, this safety zone will notice and opportunity to comment from points along the shoreline impact a small designated area of the pursuant to authority under section 4(a) commencing at latitude 39°56′31.2″ N., Delaware River, in Philadelphia, PA, for of the Administrative Procedure Act longitude 075°08′28.1″ W.; thence less than 2 hours during the fireworks (APA) (5 U.S.C. 553(b)). This provision westward to latitude 39°56′29″.1 N., events. Moreover, the Coast Guard will authorizes an agency to issue a rule longitude 075°07′56.5″ W., and bounded issue Broadcast Notice to Mariners via
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VHF–FM marine channel 16 regarding Federalism, if it has a substantial direct G. Protest Activities the safety zone; under the regulation effect on the States, on the relationship The Coast Guard respects the First vessel operators may request permission between the national government and Amendment rights of protesters. to enter the zone. the States, or on the distribution of Protesters are asked to contact the power and responsibilities among the B. Impact on Small Entities person listed in the FOR FURTHER various levels of government. We have INFORMATION CONTACT section to The Regulatory Flexibility Act of analyzed this rule under that Order and coordinate protest activities so that your 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent message can be received without requires federal agencies to consider the with the fundamental federalism jeopardizing the safety or security of potential impact of regulations on small principles and preemption requirements people, places or vessels. entities during rulemaking. The term described in Executive Order 13132. ‘‘small entities’’ comprises small Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 businesses, not-for-profit organizations implications under Executive Order Harbors, Marine safety, Navigation that are independently owned and 13175, Consultation and Coordination (water), Reporting and recordkeeping operated and are not dominant in their with Indian Tribal Governments, requirements, Security measures, fields, and governmental jurisdictions because it does not have a substantial Waterways. with populations of less than 50,000. direct effect on one or more Indian For the reasons discussed in the The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the preamble, the Coast Guard amends 33 605(b) that this rule will not have a Federal Government and Indian tribes, CFR part 165 as follows: significant economic impact on a or on the distribution of power and substantial number of small entities. responsibilities between the Federal PART 165—REGULATED NAVIGATION While some owners or operators of Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS vessels intending to transit the safety believe this rule has implications for ■ 1. The authority citation for part 165 zone may be small entities, for the federalism or Indian tribes, please reasons stated in section V.A above, this continues to read as follows: contact the person listed in the FOR rule will not have a significant FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191; economic impact on any vessel owner above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; or operator. Department of Homeland Security Delegation Under section 213(a) of the Small E. Unfunded Mandates Reform Act No. 0170.1. Business Regulatory Enforcement ■ The Unfunded Mandates Reform Act 2. Add § 165.T05–0543 to read as Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires follows: we want to assist small entities in federal agencies to assess the effects of understanding this rule. If the rule § 165.T05–0543 Safety Zone; Delaware their discretionary regulatory actions. In would affect your small business, River; Philadelphia, PA. particular, the Act addresses actions organization, or governmental (a) Definitions. As used in this that may result in the expenditure by a jurisdiction and you have questions section, designated representative State, local, or tribal government, in the concerning its provisions or options for means a Coast Guard Patrol aggregate, or by the private sector of compliance, please contact the person Commander, including a Coast Guard $100,000,000 (adjusted for inflation) or listed in the FOR FURTHER INFORMATION petty officer, warrant or commissioned more in any one year. Though this rule CONTACT section. officer operating on board a Coast Guard Small businesses may send comments will not result in such an expenditure, vessel and or on board another Federal, on the actions of federal employees who we do discuss the effects of this rule State, or local law enforcement vessel enforce, or otherwise determine elsewhere in this preamble. assisting the Captain of the Port, compliance with, federal regulations to F. Environment Delaware Bay in the enforcement of the the Small Business and Agriculture safety zone. Regulatory Enforcement Ombudsman We have analyzed this rule under (b) Location. The following area is a and the Regional Small Business Department of Homeland Security security zone: all waters of the Delaware Regulatory Fairness Boards. The Management Directive 023–01 and River, adjacent to Penn’s Landing, Ombudsman evaluates these actions Commandant Instruction M16475.lD, Philadelphia, PA, bounded from annually and rates each agency’s which guide the Coast Guard in shoreline to shoreline, bounded on the responsiveness to small business. If you complying with the National south by a line running east to west wish to comment on actions by Environmental Policy Act of 1969 (42 from points along the shoreline employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have commencing at latitude 39°56′31.2″ N., 888–REG–FAIR (1–888–734–3247). The determined that it is one of a category longitude 075°08′28.1″ W.; thence Coast Guard will not retaliate against of actions that do not individually or westward to latitude 39°56′29″.1 N., small entities that question or complain cumulatively have a significant effect on longitude 075°07′56.5″ W., and bounded about this rule or any policy or action the human environment. This rule on the north by the Benjamin Franklin of the Coast Guard. adjusts rates in accordance with Bridge where it crosses the Delaware applicable statutory and regulatory River. C. Collection of Information mandates. It is categorically excluded (c) Regulations. (1) The general safety This rule calls for no new collection under section 2.B.2, figure 2–1, zone regulations found in § 165.23 of information under the Paperwork paragraph 34(g) of the Instruction, apply to the safety zone created by this Reduction Act of 1995 (44 U.S.C. 3501– which pertains to minor regulatory temporary section. 3520). changes that are editorial or procedural (2) Under the general safety zone in nature. A Record of Environmental regulations in § 165.23, persons may not D. Federalism and Indian Tribal Consideration (REC) supporting this enter the safety zone described in Governments determination is available in the docket paragraph (b) of this section unless A rule has implications for federalism where indicated in the ADDRESSES authorized by the COTP or the COTP’s under Executive Order 13132, section of this preamble. designated representative.
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(3) To request permission to enter the the Supportive Services for Veteran make an effective program more so.’’ We safety zone, contact the COTP or the Families (SSVF) Program. 81 FR 49198. thank the commenters for supporting COTP’s representative on VHF–FM VA provided a 60-day comment period, the rule. channel 16. All persons and vessels in which ended on September 26, 2016. One commenter recommended that the safety zone must comply with all We received 14 comments on the VA revise the proposed rule to ‘‘take lawful orders or directions given to proposed rule. Section 2044 of title 38 into account the impact of unexpected them by the COTP or the COTP’s U.S.C. requires the Secretary to provide need, such as occurs in natural disasters designated representative. financial assistance to eligible entities to where Federal Disaster Area designation (d) Enforcement period: This section provide and coordinate the provision of is affirmed.’’ The commenter further will be enforced on September 3, 2017, supportive services for very low-income recommended that VA distribute SSVF September 10, 2017, and September 13, veteran families occupying permanent grant assistance to grantees serving in 2017 from 7:45 p.m. to 10:30 p.m. each housing. The Secretary’s implementing Federal disaster areas to assist veterans day. regulations are in 38 CFR part 62, which in need or who are displaced from their Dated: August 29, 2017. established the SSVF Program. Through homes or become homeless ‘‘due to a natural disaster, regardless of whether Scott E. Anderson, the SSVF Program, VA awards supportive services grants to private the Veteran family meets the income Captain, U.S. Coast Guard, Captain of the eligibility requirements of SSVF.’’ Port, Delaware Bay. non-profit organizations or consumer Additionally, VA should focus the [FR Doc. 2017–18617 Filed 8–31–17; 8:45 am] cooperatives to provide or coordinate the provision of supportive services to availability of SSVF funds to those BILLING CODE 9110–04–P very low-income veteran families who veterans who were impacted by a are residing in permanent housing and natural disaster and do not have at risk of becoming homeless. The grants sufficient resources to relocate to ‘‘new DEPARTMENT OF VETERANS provide services to low-income families housing because of trauma, an inability AFFAIRS who are lacking a fixed, regular, and to access records, and/or an inability to access personal resources.’’ As 38 CFR Part 62 adequate nighttime residence, are at risk of remaining so but for grantee previously stated in this rulemaking 38 RIN 2900–AP61 assistance, and scheduled to become U.S.C. 2044 is the authority that residents of permanent housing within establishes the SSVF program. Under Supportive Services for Veteran 90 days pending the location or this program, VA may only provide Families Program development of housing suitable for assistance to very low-income veteran families. Section 2044(f)(6) defines AGENCY: Department of Veterans Affairs. permanent housing. The grants also ‘‘very low-income veteran family’’ to ACTION: Final rule. provide services to low-income families who, after exiting permanent housing, mean ‘‘a veteran family whose income SUMMARY: The Department of Veterans are seeking other housing that is does not exceed 50 percent of the Affairs (VA) is amending its regulations responsive to their needs and median income for an area’’ as that govern the Supportive Services for preferences. This rulemaking clarifies determined by VA. Because the SSVF Veteran Families (SSVF) Program. This existing VA policy regarding award of funds are limited, VA cannot use these rulemaking clarifies VA’s procedures for non-renewed or deobligated funds to funds to assist veteran families that do not otherwise meet the eligibility continuing to fund SSVF Program other existing SSVF grantees in or near criteria under section 2044. Also, the services in communities that have lost the affected community where the funds loss of SSVF funds would adversely grants due to the non-renewal or were originally used in order to affect the veterans being served in the termination of services of an existing maintain continuity in the services community whose deobligated funds award to a grantee. VA can now award offered to these communities. This were lost due to the funds being the non-renewed or deobligated funds to rulemaking also reduces the number of transferred to a different community other existing SSVF grantees in or near satisfaction surveys grantees are that was affected by a natural disaster. the affected community. This award of required to provide to participants in We are not making any edits based on non-renewed or deobligated funds order to reduce the burden on grantees prevents potential access issues this comment. and participants. Several commenters suggested that associated with grant termination. This We received several comments in VA reconsider the requirement that 60% rulemaking also reduces the number of support of the proposed rule. One of funding support rapid re-housing of satisfaction surveys grantees are commenter stated that the proposed rule homeless veterans and 40% may be required to provide to participants in was ‘‘needed from multiple used for prevention of homelessness in order to reduce the burden on grantees perspectives, most importantly, in rural communities and instead allow an and participants. maintaining all momentum toward even 50/50 split of funding because the DATES: This final rule is effective ending Veteran homelessness.’’ A needs for homeless veteran families in October 2, 2017. commenter stated that ‘‘non-renewed rural communities differ from those in FOR FURTHER INFORMATION CONTACT: John and deobligated funds are critical to our urban settings. The commenters further Kuhn, National Center for Homelessness community as we are seeing a strong stated that there is a housing shortage Among Veterans, Supportive Services inflow of newly homeless in our area.’’ and it is difficult to use all of the SSVF for Veteran Families Program Office, Another commenter stated that the funds, ‘‘particularly when Veterans who 4100 Chester Avenue, Suite 200, proposed rule would eliminate the are in danger of literal homelessness Philadelphia, PA 19104, (877) 737– ‘‘hoops to jump through and the grant present to our program and we are 0111. (This is a toll-free number) will still be awarded to those who unable to assist them due to the 60/40 [email protected]. qualify.’’ A commenter agreed that mandate. If that mandate was to be SUPPLEMENTARY INFORMATION: In a reducing the number of surveys would lifted, and we could focus a larger pool document published in the Federal yield a higher response rate. Lastly, a of resources on prevention, fewer of our Register on July 27, 2016, VA proposed commenter stated that the proposed clients would cycle back through as to revise its regulations that addressed changes ‘‘are reasonable and would RRH.’’ Under section 2044(a)(4), SSVF
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has an obligation to give preference to making any edits based on this with the program upon completion of ‘‘entities providing or coordinating the comment. the program. We are not making any provision of supportive services for very Several commenters suggested that edits based on this comment. low-income veteran families who are VA use SSVF funds to include aftercare One commenter stated that proposed transitioning from homelessness to case management, which would ‘‘be 38 CFR 62.36 should be further permanent housing.’’ The 60/40 classified as continuing case amended to state that ‘‘there should be requirement in the current Notice of management after the veteran is housed a mail in option for Veterans who do not Fund Availability (NOFA) means that a and/or case management after the have access to email or internet.’’ minimum of 60% of SSVF funds can be veteran is exited from SSVF services.’’ Another commenter stated that older used for supporting rapid re-housing of SSVF is designed to resolve a veteran’s veterans did not want to create an email homeless veterans and a maximum of household’s housing crisis. Grantees account for submitting the satisfaction 40% of SSVF funds can be used for make the decision when to exit a surveys. VA is aware that not all prevention. Where the local needs of veteran’s household from the SSVF veterans are able to submit the survey program based on the household’s electronically and is also aware of the homeless veterans have been met, the ability to achieve housing stability. limitation of electronic submissions for NOFA has a process in place so Longer term supports and case the survey. For this reason, we have communities can ask for a waiver of the management are outside of the scope of added a phone-based survey option for 60/40 split of temporary financial SSVF program and grantees need to link fiscal year 2017. We are not making any assistance. (See December 7, 2016 participants to other VA resources that edits based on this comment. NOFA, section V.B.3(a): ‘‘Waivers to address veteran homelessness or to A commenter stated that limiting the this 60 percent requirement may be community health care and social SSVF grant to ‘‘a 10% base admin rate requested when grantees can services. Amendments to SSVF services is creating large deficits to the non- demonstrate significant local progress are beyond the scope of the proposed profits and sub-grantees who implement towards eliminating homelessness in rule. We are not making any edits based the program.’’ The commenter suggested the target service area. Waiver requests on this comment. that VA allow the use of ‘‘a non-profit’s must include data from authoritative A commenter stated that the SSVF allowable federal rate (typically around sources such as USICH certification that program guidelines can create barriers 15%) as a standard for both the grantee a community has ended homelessness to providing services ‘‘due to the strict and sub-grantees.’’ The commenter also as defined by Federal Benchmarks and documentation requirements and stated that some sub-grantees have Criteria or have reached Community extensive intake process.’’ The abandoned the SSVF grant due to losses Solution’s Functional Zero. Waivers for commenter recommended that VA allow the non-profits bear in administering the the 60 percent requirement may also be concessions and latitude to case SSVF program. The limitations on costs requested for services provided to rural managers so that the lack of for the administration of the SSVF Indian tribal areas and other rural areas documentation provided by a veteran program are stated in 38 CFR 62.10 and where shelter capacity is insufficient to does not become an exclusionary factor 62.70, which we did not propose to meet local need. Waiver requests must to receive SSVF assistance. SSVF allows amend in the proposed rule. Any include an endorsement by the for a variety of substitutes for change to the limitations on impacted CoC explicitly stating that a documentation requirements, including, administrative costs is beyond the scope shift in resources from rapid rehousing at times, self-certification. However, VA of the proposed rule. We are not making to prevention will not result in an has a fiduciary responsibility to ensure any edits based on this comment. increase in homelessness.’’). The waiver that those enrolled in services are A commenter said that limiting a would allow for an increased spending eligible and grantees adequately veteran household to a single option of on prevention. However, any document the services provided. This moving or storage expenses is amendment to this requirement is comment is beyond the scope of the counterintuitive because stored items beyond the scope of the proposed rule. proposed rule and we are not making will need to be moved from the storage We are not making any edits based on any edits based on this comment. facility to the new domicile once the this comment. Another commenter indicated that it domicile becomes available. The would be helpful if the rule included a commenter asks ‘‘that these two costs be A commenter suggested that VA allow ‘‘basic overview of the scoring criteria allowed as separate eligible expenses for SSVF grantees to use funds to assist used in making decisions’’ for granting each veteran household (as needed).’’ veterans who have been rated by VA as SSVF funds. The scoring criteria for Veterans may receive both types of 100% service-connected disabled, are supportive services grant applicants is assistance under the current regulation. homeless, and over the income limit for found in 38 CFR 62.22, which we did Section 62.34 addresses other the SSVF, because these veterans would not propose to amend in the proposed supportive services, which includes benefit from the ‘‘intensive case rule. Additionally, the scoring criteria moving costs under paragraph (d). management services to navigate for grantees applying for renewal of Paragraph (d)(2) states that moving costs through their housing issues.’’ SSVF supportive services grants is found in 38 assistance includes ‘‘reasonable moving funds may only be used to assist veteran CFR 62.24, which we also did not costs, such as truck rental, hiring a families that meet the eligibility criteria propose to amend in the proposed rule. moving company, or short-term storage in 38 U.S.C. 2044. By law, VA cannot We are not making any edits based on fees for a maximum of 3 months or until use SSVF funds to assist veterans that this comment. the participant is in permanent housing, are over the income limits of 38 U.S.C. One commenter stated that reducing whichever is shorter.’’ The storage of 2044(f). However, homeless veterans the number of satisfaction surveys household items and the transportation who do not qualify for the SSVF would not yield a higher response rate. of these items to the new domicile are program may receive assistance under We respectfully disagree with the two separate services that are included the VA homeless providers grant and commenter and believe that reducing as part of the moving costs. Also, we did per diem program, part 61 of 38 CFR. the number of satisfaction surveys might not propose to amend section 62.34 in This comment is beyond the scope of prompt participants of the SSVF to the proposed rule and so any changes to the proposed rule and we are not provide feedback of their experience this section are beyond the scope of the
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proposed rule. We make no edits based this subject. Other than future promoting flexibility. Executive Order on this comment. amendments to this regulation or 12866 (Regulatory Planning and A commenter said that the SSVF no governing statutes, no contrary guidance Review) defines a ‘‘significant longer covers the payment of property or procedures are authorized. All regulatory action,’’ requiring review by debt, which includes arrears and existing or subsequent VA guidance OMB, unless OMB waives such review, damages. However, that is incorrect: 38 must be read to conform with this as ‘‘any regulatory action that is likely CFR 62.34(a)(1) states, ‘‘rental assistance rulemaking if possible or, if not to result in a rule that may: (1) Have an may be for rental payments that are possible, such guidance is superseded annual effect on the economy of $100 currently due or are in arrears, and for by this rulemaking. million or more or adversely affect in a the payment of penalties or fees material way the economy, a sector of Paperwork Reduction Act incurred by a participant and required the economy, productivity, competition, to be paid by the participant under an This action contains provisions jobs, the environment, public health or existing lease or court order.’’ Also, we constituting collections of information, safety, or State, local, or tribal did not propose to amend section 62.34 at 38 CFR 62.36, under the Paperwork governments or communities; (2) Create in the proposed rule and so any edits to Reduction Act of 1995 (44 U.S.C. 3501– a serious inconsistency or otherwise this section are beyond the scope of the 3521). The information collection interfere with an action taken or proposed rule. We are not making any requirements for § 62.36 are currently planned by another agency; (3) edits based on this comment. approved by the Office of Management Materially alter the budgetary impact of A commenter supported the rule, but and Budget (OMB) and have been entitlements, grants, user fees, or loan stated that ‘‘if this assessment and assigned OMB control number 2900– programs or the rights and obligations of reallocation of funding occurs in real 0757. However, this regulatory action recipients thereof; or (4) Raise novel time (i.e., quarterly benchmarks during includes a provision reducing the legal or policy issues arising out of legal the grant year) this creates a new burden number of surveys used for this mandates, the President’s priorities, or on the grantees by not giving the collection from 2 to 1. VA estimates the the principles set forth in this Executive necessary flexibility to spend number of responses for the information Order.’’ appropriately based on each veteran collection will decrease from 5,625 to The economic, interagency, household’s needs or the seasonal 2,813. VA is in the process of budgetary, legal, and policy enrollment spikes that occur throughout recertifying this collection number implications of this regulatory action the grant year.’’ VA has the capacity to under a separate action. have been examined, and it has been sweep funds on a quarterly basis as Regulatory Flexibility Act determined not to be a significant stated in the grant agreement between regulatory action under Executive Order VA and the grantee. Prior to any sweep, The Secretary hereby certifies that 12866. VA’s impact analysis can be VA would review the funds with the this final rule does not have a found as a supporting document at grantee to assess the needs of the significant economic impact on a http://www.regulations.gov, usually community. We are not making any substantial number of small entities as within 48 hours after the rulemaking edits based on this comment. they are defined in the Regulatory document is published. Additionally, a We are making a technical edit to 38 Flexibility Act (5 U.S.C. 601–612). This copy of the rulemaking and its impact CFR 62.25. Proposed paragraph (d)(1) final rule only impacts those entities analysis are available on VA’s Web site stated in part that ‘‘Such applicant or that choose to participate in the SSVF at http://www.va.gov/orpm/, by grantee must have the capacity and Program. Small entity applicants will following the link for ‘‘VA Regulations agree to provide immediate services to not be affected to a greater extent than Published From FY 2004 Through Fiscal the affected community.’’ We are large entity applicants. Small entities Year to Date.’’ amending this sentence by deleting the must elect to participate, and it is term ‘‘immediate’’ and replacing it with considered a benefit to those who Unfunded Mandates ‘‘prompt’’ to make this term consistent choose to apply. To the extent this final The Unfunded Mandates Reform Act with language used in existing program rule has any impact on small entities, it of 1995 requires, at 2 U.S.C. 1532, that materials. We are making a similar edit will not have an impact on a substantial agencies prepare an assessment of to 38 CFR 62.80(d)(2)(i). We are also number of small entities. Therefore, anticipated costs and benefits before clarifying in § 62.25(d)(1) and under 5 U.S.C. 605(b), this rulemaking issuing any rule that may result in the § 62.80(d)(2)(i) that the grantee in the is exempt from the initial and final expenditure by State, local, and tribal last sentence of each paragraph is the regulatory flexibility analysis governments, in the aggregate, or by the grantee who is offered the additional requirements of section 603 and 604. private sector, of $100 million or more funds. The sentence as it was written in Executive Order 12866 and 13563 (adjusted annually for inflation) in any the proposed rule left some ambiguity as one year. This final rule will have no to who we were referencing. We are not Executive Orders 12866 and 13563 such effect on State, local, and tribal making any edits to the meaning of the direct agencies to assess the costs and governments, or on the private sector. language in the proposed rule. benefits of available regulatory Based on the rationale set forth in the alternatives and, when regulation is Catalog of Federal Domestic Assistance Supplementary Information to the necessary, to select regulatory Program proposed rule and in this final rule, VA approaches that maximize net benefits The Catalog of Federal Domestic is adopting the proposed rule with the (including potential economic, Assistance numbers and titles for the edits discussed in the previous environmental, public health and safety programs affected by this document are paragraph. effects, and other advantages; 64.009, Veterans Medical Care Benefits, distributive impacts; and equity). and 64.033, VA Supportive Services for Effect of Rulemaking Executive Order 13563 (Improving Veteran Families Program. Title 38 of the Code of Federal Regulation and Regulatory Review) Regulations, as revised by this final emphasizes the importance of Signing Authority rulemaking, represents VA’s quantifying both costs and benefits, The Secretary of Veterans Affairs, or implementation of its legal authority on reducing costs, harmonizing rules, and designee, approved this document and
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authorized the undersigned to sign and services to the affected community. which covers the geographic area that submit the document to the Office of the Under this § 62.25, the relevant Notice includes the affected community for Federal Register for publication of Fund Availability is the most recently which the grantee, who is offered the electronically as an official document of published Notice of Fund Availability additional funds, received the multi- the Department of Veterans Affairs. Gina which covers the geographic area that year award. S. Farrisee, Deputy Chief of Staff, includes the affected community, or for (ii) If the first such applicant or Department of Veterans Affairs, multi-year grant awards, the Notice of grantee offered the deobligated funds approved this document on August 28, Fund Availability for which the grantee, refuses the funds, VA will offer to award 2017, for publication. who is offered the additional funds, funds to the next highest-ranked such received the multi-year award. applicant or grantee, per to the criteria List of Subjects in 38 CFR Part 62 (2) If the first such applicant or in paragraph (d)(2)(i) of this section, and Administrative practice and grantee offered the non-renewed funds continue on in rank order until all procedure, Day care, Disability benefits, refuses the funds, VA will offer to award deobligated funds are awarded. Government contracts, Grant the funds to the next highest-ranked * * * * * programs—health, Grant programs— such applicant or grantee, per the [FR Doc. 2017–18574 Filed 8–31–17; 8:45 am] housing and community development, criteria in paragraph (d)(1) of this BILLING CODE 8320–01–P Grant programs—veterans, Heath care, section, and continue on in rank order Homeless, Housing, Indian—lands, until the non-renewed funds are Individuals with disabilities, Low and awarded. ENVIRONMENTAL PROTECTION moderate income housing, Manpower * * * * * AGENCY training program, Medicare, Medicaid, ■ 3. Amend § 62.36 by revising Public assistance programs, Public paragraph (c)(2) to read as follows: 40 CFR Part 52 housing, Relocation assistance, Rent subsidies, Reporting and recordkeeping [EPA–R01–OAR–2017–0025; FRL–9967–29– § 62.36 General operation requirements. Region 1] requirements, Rural areas, Social * * * * * security, Supplemental Security Income (c) * * * Air Plan Approval; Rhode Island; (SSI), Travel and transportation (2) The grantee must provide each Reasonably Available Control expenses, Unemployment participant with a satisfaction survey, Technology for US Watercraft, LLC; compensation. which the participant can submit Withdrawal of Direct Final Rule Dated: August 29, 2017. directly to VA, within 30 days of such AGENCY: Environmental Protection Janet Coleman, participant’s pending exit from the Agency. Chief, Office of Regulation Policy & grantee’s program. ACTION: Management, Office of the Secretary, * * * * * Withdrawal of direct final rule. Department of Veterans Affairs. ■ 4. Amend § 62.80 by revising SUMMARY: Due to the receipt of an For the reasons stated in the paragraph (d)(2) to read as follows: adverse comment, the Environmental preamble, the Department of Veterans Protection Agency (EPA) is withdrawing § 62.80 Withholding, suspension, Affairs is amending 38 CFR part 62 as the July 3, 2017, direct final rule follows: deobligation, termination, and recovery of funds by VA. approving a State Implementation Plan (SIP) revision submitted by the State of PART 62—SUPPORTIVE SERVICES * * * * * Rhode Island. The revision consists of a FOR VETERAN FAMILIES PROGRAM (d) * * * reasonably available control technology (2) At its discretion, VA may re- (RACT) approval for a volatile organic ■ 1. The authority citation for part 62 advertise in a Notice of Fund compound (VOC) emission source in continues to read as follows: Availability the availability of funds Rhode Island, specifically, US that have been deobligated under this Authority: 38 U.S.C. 501, 2044, and as Watercraft, LLC. This action is being noted in specific sections. section or award deobligated funds to an taken in accordance with the Clean Air applicant or existing grantee. If VA ■ 2. Amend § 62.25 by adding paragraph Act. (d) to read as follows: chooses to award deobligated funds to an applicant or existing grantee, funds DATES: The direct final rule published § 62.25 Selecting grantees for renewal of will be awarded as follows: on July 3, 2017 (82 FR 30747), is supportive services grants. (i) VA will first offer to award the withdrawn effective September 1, 2017. * * * * * deobligated funds to the applicant or FOR FURTHER INFORMATION CONTACT: (d) At its discretion, VA may award grantee with the highest grant score David L. Mackintosh, Air Quality any non-renewed funds to an applicant under the relevant Notice of Fund Planning Unit, U.S. Environmental or existing grantee. If VA chooses to Availability that applied for or was Protection Agency, EPA New England award non-renewed funds to an awarded funds in the same community Regional Office, 5 Post Office Square— applicant or existing grantee, funds will as, or proximate community to, the Suite 100, (Mail Code OEP05–2), be awarded as follows: affected community. Such applicant or Boston, MA 02109–3912, tel. 617–918– (1) VA will first offer to award the grantee must have the capacity and 1584, email [email protected]. non-renewed funds to the applicant or agree to provide prompt services to the SUPPLEMENTARY INFORMATION: In the grantee with the highest grant score affected community. Under this section direct final rule, EPA stated that if under the relevant Notice of Fund the relevant Notice of Fund Availability adverse comments were submitted by Availability that applies for, or is is the most recently published Notice of August 2, 2017, the rule would be awarded a renewal grant in, the same Fund Availability which covers the withdrawn and not take effect. EPA community as, or a proximate geographic area that includes the received an adverse comment prior to community to, the affected community. affected community, or for multi-year the close of the comment period and, Such applicant or grantee must have the grant awards, the most recently therefore, is withdrawing the direct final capacity and agree to provide prompt published Notice of Fund Availability rule. EPA will address the comment in
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a subsequent final action based upon maintaining the 1997 annual PM2.5 redesignate the Cincinnati-Hamilton the proposed rule also published on July NAAQS through 2027. In addition, EPA area to attainment for the 1997 PM2.5 3, 2017 (82 FR 30815). EPA will not previously approved the base year annual standard, and to approve institute a second comment period on emissions inventory for the Cincinnati- updates to the maintenance plan for the this action. Hamilton area, and is approving area. In an action published on June 22, List of Subjects in 40 CFR Part 52 Indiana’s updated emissions inventory 2017 (82 FR 28435), EPA proposed to which includes emissions inventories redesignate the area and approve several Environmental protection, Air for volatile organic compounds (VOCs) actions related to the redesignation (82 pollution control, Incorporation by and ammonia. Indiana’s approved FR 28435). Additional background and reference, Intergovernmental relations, maintenance plan submission also details regarding this final action can be Ozone, Reporting and recordkeeping includes a budget for the mobile source found in the June 22, 2017, proposed requirements, Volatile organic contribution of PM2.5 and nitrogen rule. The comment period for this compounds. oxides (NOX) to the Cincinnati- proposed rulemaking closed on July 24, Dated: August 10, 2017. Hamilton area for transportation 2017. No comments were received for Deborah A. Szaro, conformity purposes, which EPA is this proposed rule. approving. EPA is taking these actions Acting Regional Administrator, EPA New II. What action is EPA taking? England. in accordance with the Clean Air Act (CAA) and EPA’s implementation rule EPA is taking several actions related PART 52—APPROVAL AND regarding the 1997 PM2.5 NAAQS. to redesignation of the Cincinnati- PROMULGATION OF DATES: This final rule is effective Hamilton area to attainment for the 1997 IMPLEMENTATION PLANS September 1, 2017. annual PM2.5 NAAQS. EPA has previously approved ADDRESSES: EPA has established a ■ Accordingly, the amendments to 40 Indiana’s PM2.5 maintenance plan and docket for this action under Docket ID motor vehicle emissions budgets for the CFR 52.2070 published in the Federal No. EPA–R05–OAR–2016–0513. All Register on July 3, 2017 (82 FR 30747) Cincinnati-Hamilton area. EPA has documents in the docket are listed on determined that this plan and budgets on page 30749 are withdrawn effective the www.regulations.gov Web site. September 1, 2017. are still applicable. Although listed in the index, some EPA has previously approved the [FR Doc. 2017–18618 Filed 8–31–17; 8:45 am] information is not publicly available, 2005 primary PM2.5, NOX, and sulfur BILLING CODE 6560–50–P i.e., Confidential Business Information dioxide (SO2) base year emissions (CBI) or other information whose inventory. EPA is approving Indiana’s disclosure is restricted by statute. updated emissions inventory which ENVIRONMENTAL PROTECTION Certain other material, such as AGENCY includes emissions inventories for VOCs copyrighted material, is not placed on and ammonia from 2007. EPA has 40 CFR Parts 52 and 81 the Internet and will be publicly determined that Indiana meets the available only in hard copy form. emissions inventory requirement under [EPA–R05–OAR–2016–0513; FRL–9967–17– Publicly available docket materials are Region 5] section 107(d)(3)(E)(iii). available either through In The Fine Particulate Matter www.regulations.gov or at the Air Plan Approval; Indiana; National Ambient Air Quality Environmental Protection Agency, Redesignation of the Indiana Portion of Standards: State Implementation Plan Region 5, Air and Radiation Division, 77 the Cincinnati-Hamilton, OH-IN-KY Requirements final rule (final PM2.5 SIP West Jackson Boulevard, Chicago, Area to Attainment of the 1997 Annual requirements rule), EPA revoked the Illinois 60604. This facility is open from Standard for Fine Particulate Matter 1997 primary annual PM2.5 NAAQS in 8:30 a.m. to 4:30 p.m., Monday through areas that had always been attainment AGENCY: Environmental Protection Friday, excluding Federal holidays. We for that NAAQS, and in areas that had Agency (EPA). recommend that you telephone Michelle been designated as nonattainment but ACTION: Final rule. Becker, Life Scientist, at (312) 886–3901 that were redesignated to attainment before visiting the Region 5 office. before October 24, 2016, the rule’s SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: effective date. See 81 FR 58010, August Agency (EPA) is redesignating the Michelle Becker, Life Scientist, 24, 2016. EPA also finalized a provision Indiana portion of the Cincinnati- Attainment Planning and Maintenance that revokes the 1997 primary annual Hamilton, OH-IN-KY, nonattainment Section, Air Programs Branch (AR–18J), PM NAAQS in areas that are area (hereafter, ‘‘the Cincinnati- 2.5 Environmental Protection Agency, redesignated to attainment for that Hamilton area’’) to attainment for the Region 5, 77 West Jackson Boulevard, NAAQS after October 24, 2016, effective 1997 fine particulate matter (PM ) 2.5 Chicago, Illinois 60604, (312) 886–3901, on the effective date of the redesignation annual national ambient air quality [email protected]. of the area to attainment for that standard (NAAQS or standard). The SUPPLEMENTARY INFORMATION NAAQS. See 40 CFR 50.13(d). Indiana portion of the Cincinnati- : EPA is redesignating the Indiana Hamilton area includes Lawrenceburg Throughout this document whenever portion of the Cincinnati-Hamilton area Township within Dearborn County. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean to attainment for the 1997 annual PM Because EPA has determined that the EPA. This supplementary information 2.5 NAAQS and approving the CAA section Cincinnati-Hamilton area is attaining section is arranged as follows: 175A maintenance plan for the 1997 this annual PM standard, EPA is I. Background 2.5 primary annual PM NAAQS for the redesignating the area to attainment and II. What action is EPA taking? 2.5 reasons described elsewhere in the also approving several additional III. Statutory and Executive Order Reviews January 4, 2017, proposed action.1 The related actions. First, EPA is approving I. Background an update to the Indiana State 1 CAA section 175A(a) establishes the implementation plan (SIP) by updating On August 19, 2016, Indiana requirements that must be fulfilled by the state’s approved plan for submitted a request to EPA to Continued
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1997 primary annual PM2.5 NAAQS will III. Statutory and Executive Order appropriate, disproportionate human be revoked in the area on the effective Reviews health or environmental effects, using date of this redesignation. Beginning on Under the CAA, redesignation of an practicable and legally permissible that date, the area will no longer be area to attainment and the methods, under Executive Order 12898 subject to transportation or general accompanying approval of a (59 FR 7629, February 16, 1994). conformity requirements for the 1997 maintenance plan under section In addition, the SIP is not approved annual PM NAAQS due to the 2.5 107(d)(3)(E) are actions that affect the to apply on any Indian reservation land revocation of the primary NAAQS. See status of a geographical area and do not 81 FR 58125, August 24, 2016. The area or in any other area where EPA or an impose any additional regulatory Indian tribe has demonstrated that a will be required to implement the CAA requirements on sources beyond those section 175A maintenance plan for the tribe has jurisdiction. In those areas of imposed by state law. A redesignation to Indian country, this rule does not have 1997 primary annual PM2.5 NAAQS and attainment does not in and of itself the Prevention of Significant tribal implications as specified by create any new requirements, but rather Executive Order 13175 (65 FR 67249, Deterioration (PSD) program for the results in the applicability of November 9, 2000), because 1997 annual PM2.5 NAAQS. Once requirements contained in the CAA for redesignation is an action that affects approved, the maintenance plan could areas that have been redesignated to only be revised if the revision meets the attainment. Moreover, the Administrator the status of a geographical area and requirements of CAA section 110(l) and, is required to approve a SIP submission does not impose any new regulatory if applicable, CAA section 193. The area that complies with the provisions of the requirements on tribes, impact any would not be required to submit a CAA and applicable Federal regulations. existing sources of air pollution on second 10-year maintenance plan for the 42 U.S.C. 7410(k); 40 CFR 52.02(a). tribal lands, nor impair the maintenance 1997 primary annual PM2.5 NAAQS. See Thus, in reviewing SIP submissions, of ozone national ambient air quality 81 FR 58144, August 24, 2016. EPA’s role is to approve state choices, standards in tribal lands. In accordance with 5 U.S.C. 553(d), provided that they meet the criteria of The Congressional Review Act, 5 EPA finds there is good cause for these the CAA. Accordingly, this action U.S.C. 801 et seq., as added by the Small actions to become effective immediately merely approves state law as meeting Business Regulatory Enforcement upon publication. This is because a Federal requirements and does not Fairness Act of 1996, generally provides delayed effective date is unnecessary impose additional requirements beyond that before a rule may take effect, the due to the nature of a redesignation to those imposed by state law. For that agency promulgating the rule must attainment, which relieves the area from reason, this action: submit a rule report, which includes a certain CAA requirements that would • Is not a significant regulatory action copy of the rule, to each House of the otherwise apply to it. The immediate subject to review by the Office of Congress and to the Comptroller General effective date for this action is Management and Budget under of the United States. EPA will submit a authorized under both 5 U.S.C. Executive Orders 12866 (58 FR 51735, report containing this action and other 553(d)(1), which provides that October 4, 1993) and 13563 (76 FR 3821, rulemaking actions may become January 21, 2011); required information to the U.S. Senate, effective less than 30 days after • Does not impose an information the U.S. House of Representatives, and publication if the rule ‘‘grants or collection burden under the provisions the Comptroller General of the United recognizes an exemption or relieves a of the Paperwork Reduction Act (44 States prior to publication of the rule in restriction,’’ and section 553(d)(3), U.S.C. 3501 et seq.); the Federal Register. A major rule which allows an effective date less than • Is certified as not having a cannot take effect until 60 days after it 30 days after publication ‘‘as otherwise significant economic impact on a is published in the Federal Register. provided by the agency for good cause substantial number of small entities This action is not a ‘‘major rule’’ as found and published with the rule.’’ under the Regulatory Flexibility Act (5 defined by 5 U.S.C. 804(2). The purpose of the 30-day waiting U.S.C. 601 et seq.); • Under section 307(b)(1) of the CAA, period prescribed in section 553(d) is to Does not contain any unfunded petitions for judicial review of this give affected parties a reasonable time to mandate or significantly or uniquely action must be filed in the United States adjust their behavior and prepare before affect small governments, as described Court of Appeals for the appropriate the final rule takes effect. This in the Unfunded Mandates Reform Act circuit by October 31, 2017. Filing a rulemaking, however, does not create of 1995 (Pub. L. 104–4); petition for reconsideration by the • Does not have Federalism any new regulatory requirements such Administrator of this final rule does not that affected parties would need time to implications as specified in Executive Order 13132 (64 FR 43255, August 10, affect the finality of this action for the prepare before the rule takes effect. purposes of judicial review nor does it Rather, today’s rule relieves the state of 1999); • Is not an economically significant extend the time within which a petition planning requirements for this PM2.5 for judicial review may be filed, and nonattainment area. For these reasons, regulatory action based on health or safety risks subject to Executive Order shall not postpone the effectiveness of EPA finds good cause under 5 U.S.C. such rule or action. This action may not 553(d)(3) for these actions to become 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action be challenged later in proceedings to effective on the date of publication of subject to Executive Order 13211 (66 FR enforce its requirements. (See section these actions. 28355, May 22, 2001); 307(b)(2).) • Is not subject to requirements of nonattainment areas in order to be redesignated to List of Subjects attainment. That section only requires that Section 12(d) of the National nonattainment areas for the primary standard Technology Transfer and Advancement 40 CFR Part 52 submit a plan addressing maintenance of the Act of 1995 (15 U.S.C. 272 note) because primary NAAQS in order to be redesignated to application of those requirements would Environmental protection, Air attainment; it does not require nonattainment areas be inconsistent with the CAA; and pollution control, Incorporation by for secondary NAAQS to submit maintenance plans • in order to be redesignated to attainment. (See 42 Does not provide EPA with the reference, Intergovernmental relations, U.S.C. 7505a(a).) discretionary authority to address, as Particulate matter.
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40 CFR Part 81 Subpart P—Indiana PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING Environmental protection, Air ■ pollution control, National parks, 2. Section 52.776 is amended by PURPOSES Wilderness areas. revising paragraph (w)(3) to read as follows: ■ Dated: August 21, 2017. 3. The authority citation for part 81 Robert A. Kaplan, § 52.776 Control strategy: Particulate continues to read as follows: matter. Acting Regional Administrator, Region 5. Authority: 42 U.S.C. 7401 et seq. 40 CFR part 52 and 81 are amended * * * * * ■ 4. Section 81.315 is amended by as follows: (w) * * * (3) Indiana’s 2005 NOX, directly revising the entry for Cincinnati- PART 52—APPROVAL AND emitted PM2.5, and SO2 emissions Hamilton, IN in the table entitled PROMULGATION OF inventory; and 2007 VOCs and ammonia ‘‘Indiana—1997 Annual PM2.5 NAAQS’’ IMPLEMENTATION PLANS emissions inventory, satisfy the to read as follows: emissions inventory requirements of ■ 1. The authority citation for part 52 section 172(c)(3) for the Cincinnati- § 81.315 Indiana. continues to read as follows: Hamilton area. * * * * * Authority: 42 U.S.C. 7401 et seq. * * * * *
INDIANA—1997 ANNUAL PM2.5 NAAQS [Primary and Secondary]
Designation a Classification Designated area Date 1 Type Date 2 Type
******* Cincinnati-Hamilton, IN: Dearborn County (part): Lawrenceburg Township ...... September 1, 2017 ...... Attainment ......
******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is 90 days after January 5, 2005, unless otherwise noted. 2 This date is July 2, 2014, unless otherwise noted.
* * * * * August 29, 2016, announcing the First these information collection [FR Doc. 2017–18498 Filed 8–31–17; 8:45 am] Amendment to the Collocation requirements. BILLING CODE 6560–50–P Agreement amending the Nationwide Synopsis Programmatic Agreement for the Collocation of Wireless Antennas As required by the Paperwork FEDERAL COMMUNICATIONS (Collocation Agreement), which stated Reduction Act of 1995 (44 U.S.C. 3507), COMMISSION that the Commission would publish a the Commission is notifying the public document in the Federal Register that it received OMB approval on July 47 CFR Part 1 announcing OMB approval and the 14, 2017, for the new information effective date of the new information collection requirements contained in the [WT Docket No. 15–180; DA 16–900] collection requirements. Commission’s rules at 47 CFR part 1, Appendix B, Stipulation VII.C. Under 5 First Amendment to Collocation DATES: 47 CFR part 1, Appendix B, CFR part 1320, an agency may not Agreement Stipulation VII.C, published at 81 FR conduct or sponsor a collection of 59146, August 29, 2016, is effective on AGENCY: Federal Communications information unless it displays a current, September 1, 2017. Commission. valid OMB Control Number. No person ACTION: Final rule; announcement of FOR FURTHER INFORMATION CONTACT: For shall be subject to any penalty for failing effective date. additional information, contact Cathy to comply with a collection of Williams by email at Cathy.Williams@ information subject to the Paperwork SUMMARY: In this document, the fcc.gov and telephone at (202) 418– Reduction Act that does not display a Wireless Telecommunications Bureau 2918. current, valid OMB Control Number. (WTB or Bureau) of the Federal The OMB Control Number is 3060– Communications Commission (FCC or SUPPLEMENTARY INFORMATION: This 1238. The foregoing notice is required Commission) announces that the Office document announces that, on July 14, by the Paperwork Reduction Act of of Management and Budget (OMB) has 2017, OMB approved certain 1995, Public Law 104–13, October 1, approved, for a period of three years, information collection requirements 1995, and 44 U.S.C. 3507. certain information collection contained in the Commission’s First The total annual reporting burdens requirements associated with Amendment to the Collocation and costs for the respondents are as Stipulation VII.C of the amendment to Agreement, DA 16–900, published at 81 follows: Appendix B in part 1 of the FR 59146, August 29, 2016. The OMB Commission’s rules. This notice is Control Number is 3060–1238. The OMB Control Number: 3060–1238. consistent with the final rule notice Commission publishes this notice as an OMB Approval Date: July 14, 2017. published in the Federal Register on announcement of the effective date of OMB Expiration Date: July 31, 2020.
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Title: First Amendment to Nationwide executed the First Amendment to the review process. If, within the thirty-day Programmatic Agreement for the Collocation Agreement, to tailor the period, the SHPO either informs the Collocation of Wireless Antennas. Section 106 process for small wireless applicant that the structure is not a Form Number: N/A. deployments by excluding deployments contributing or compatible element Respondents: Business or other for- that have minimal potential for adverse within the historic district, or the SHPO profit entities, not-for-profit institutions, effects on historic properties. fails to respond to the applicant within and State, local, or Tribal governments. The following are the information the thirty-day period, the applicant has Number of Respondents and collection requirements in connection no further Section 106 review Responses: 71 respondents; 765 with the amended provisions of obligations, provided that the responses. Appendix B of Part 1 of the collocation meets the certain volumetric Estimated Time per Response: 1 Commission’s rules (47 CFR pt.1, App. and ground disturbance provisions. The hour–5 hours. B): First Amendment to the Collocation Frequency of Response: Third-party • Stipulation VII.C of the amended Agreement establishes new exclusions disclosure reporting requirement. Collocation Agreement provides that from the section 106 review process for Obligation to Respond: Required to proposals to mount a small antenna on physically small deployments like DAS obtain or retain benefits. Statutory a traffic control structure (i.e., traffic and small cells, fulfilling a directive in authority for this information collection light) or on a light pole, lamp post or the Commission’s Infrastructure Report is contained in sections 1, 2, 4(i), 7, 301, other structure whose primary purpose and Order, 80 FR 1238, Jan. 8, 2015, to 303, 309, and 332 of the is to provide public lighting, where the further streamline review of these Communications Act of 1934, as structure is located inside or within 250 installations. These new exclusions will amended, 47 U.S.C. 151, 152, 154(i), feet of the boundary of a historic reduce the cost, time, and burden 157, 301, 303, 309, 332, and section 106 district, are generally subject to review associated with deploying small of the National Historic Preservation Act through the section 106 process. These facilities in many settings, and provide of 1966, 54 U.S.C. 306108. proposed collocations will be excluded opportunities to increase densification Total Annual Burden: 2,869 hours. from such review on a case-by-case at low cost and with very little impact Total Annual Cost: $82,285. basis, if (1) the collocation licensee or on historic properties. Facilitating these Nature and Extent of Confidentiality: the owner of the structure has not deployments thus directly advances No known confidentiality between third received written or electronic efforts to roll out 5G service in parties. notification that the FCC is in receipt of communities across the country. Privacy Act Impact Assessment: There a complaint from a member of the Federal Communications Commission. are no impacts under the Privacy Act. public, an Indian Tribe, a SHPO or the Needs and Uses: The Commission Council, that the collocation has an Amy Brett, requested OMB approval for new adverse effect on one or more historic Associate Chief, Competition and disclosure requirements pertaining to Infrastructure Policy Division, Wireless properties; and (2) the structure is not Telecommunications Bureau. the First Amendment to Nationwide historic (not a designated National Programmatic Agreement for the Historic Landmark or a property listed [FR Doc. 2017–18565 Filed 8–31–17; 8:45 am] Collocation of Wireless Antennas (First in or eligible for listing in the National BILLING CODE 6712–01–P Amendment) to address the review of Register of Historic Places) or deployments of small wireless antennas considered a contributing or compatible and associated equipment under section FEDERAL COMMUNICATIONS element within the historic district, COMMISSION 106 of the National Historic under certain procedures. These Preservation Act (NHPA) (54 U.S.C. procedures require that applicant must 47 CFR Parts 1, 22, 24, 27, 30, 74, 80, 306108 (formerly codified at 16 U.S.C. request in writing that the SHPO concur 90, 95, and 101 470f). The FCC, the Advisory Council with the applicant’s determination that on Historic Preservation (Council), and the structure is not a contributing or [WT Docket No. 10–112; FCC 17–105] the National Conference of State compatible element within the historic Uniform License Renewal, Historic Preservation Officers district, and the applicant’s written Discontinuance of Operation, and (NCSHPO) agreed to amend the request must specify the traffic control Geographic Partitioning and Spectrum Nationwide Programmatic Agreement structure, light pole, or lamp post on Disaggregation Rules and Policies for for the Collocation of Wireless Antennas which the applicant proposes to Certain Wireless Radio Services (Collocation Agreement) to account for collocate and explain why the structure the limited potential of small wireless is not a contributing element based on AGENCY: Federal Communications antennas and associated equipment, the age and type of structure, as well as Commission. including Distributed Antenna Systems other relevant factors. The SHPO has ACTION: Final rule. (DAS) and small cell facilities, to affect thirty days from its receipt of such historic properties. The Collocation written notice to inform the applicant SUMMARY: In this document, the Federal Agreement addresses historic whether it disagrees with the applicant’s Communications Commission adopts preservation review for collocations on determination that the structure is not a rules to streamline and harmonize the existing towers, buildings, and other contributing or compatible element Commission’s license renewal and non-tower structures. Under the within the historic district. If within the service continuity rules for the Wireless Collocation Agreement, most antenna thirty-day period, the SHPO informs the Radio Services (WRS). This unified collocations on existing structures are applicant that the structure is a regulatory framework includes: excluded from section 106 historic contributing element or compatible establishing a consistent standard for preservation review, with a few element within the historic district or renewing wireless licenses; setting forth exceptions defined to address that the applicant has not provided safe harbors providing expedited potentially problematic situations. On sufficient information for a renewal for licensees that meet their August 3, 2016, the Commission’s determination, the applicant may not initial term construction requirement Wireless Telecommunications Bureau, deploy its facilities on that structure and generally remain operating at or ACHP, and NCSHPO finalized and without completing the Section 106 above that level; adopting consistent
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service continuity rules, which provide Affairs Bureau at (202) 418–0530 and substantially complying with the for automatic termination of any license (voice), (202) 418–0432 (TTY). Commission’s rules (including any on which a licensee permanently The Commission will send a copy of applicable performance requirements) discontinues service or operation; the Order in a report to be sent to and policies and the Act; (2) competing eliminating unnecessary, legacy Congress and the Government renewal applications would be ‘‘comparative renewal rules’’; and Accountability Office pursuant to the prohibited; and (3) if a license is not requiring that when portions of Congressional Review Act, see 5 U.S.C. renewed, the associated spectrum geographic licenses are sold, both 801(a)(1)(A). would be returned to the Commission parties to the transaction have a clear for reassignment. For services licensed I. Second Report and Order construction obligation and penalty in by site, the Commission proposed to the event of failure, closing a loophole A. Renewal Requirements for Wireless modify the first part of this approach by used to avoid the Commission’s Radio Services requiring affected licensees to certify construction requirements. This action 1. Commission licensing records that they are continuing to operate will enhance competition and facilitate reflect that, over the next 10 years, the consistent with their applicable robust use of the nation’s scarce Commission can expect more than construction notification(s) or authorization(s) (where the filing of spectrum resources. 50,000 renewal applications to be filed construction notifications is not DATES: Effective October 2, 2017, except by geographic-area licensees and more required), rather than making a renewal for the amendments to §§ 1.949, 1.950, than 625,000 by site-based licensees. By showing. and 1.953, which contain information its Order, the Commission implements collection requirements that require 4. Renewal Standard. The standardized renewal requirements and Commission adopts a unified renewal approval by the Office of Management expeditious renewal procedures, while and Budget (OMB) under the Paperwork standard for most Wireless Radio continuing to ensure that licenses are Services licensees, both geographic and Reduction Act (PRA), and which the renewed in the public interest as Commission will announce by site-based. A clear, consistent standard required by the Communications Act of will promote the efficient use of publishing a document in the Federal 1934, as amended (Act). The Register. The amendments to spectrum resources and will serve the Commission finds that adoption of public interest by providing licensees paragraphs (e), (q)(7), (r)(6), (s)(6), and uniform renewal rules will promote the (t)(6) of § 27.14 will become effective certainty regarding their renewal efficient use of spectrum resources, requirements. To qualify for renewal, after OMB review and approval of serve the public interest by providing § 1.949, which the Commission will each WRS licensee must demonstrate licensees certainty regarding their that over the course of its license term, announce by publishing a document in license renewal requirements, the Federal Register; and the the licensee either: (1) Provided and encourage licensees to invest in new continues to provide service to the amendments to §§ 22.317, 22.947, 27.17, facilities and services, and facilitate 30.106, 74.632, 90.157, 90.631, and public, taking into account the periods their business and network planning. of time the applicable service-specific 101.65 will become effective after OMB 2. The Commission’s current renewal rules give licensees to construct review and approval of § 1.953, and requirements vary widely. Some service facilities and meet performance which the Commission will announce rules include comprehensive filing and benchmarks, or (2) operated and by publishing a document in the processing procedures, while others continues to operate over the course of Federal Register. contain only minimal guidance. For the license term to address the FOR FURTHER INFORMATION CONTACT: example, some radio services have licensee’s private, internal Joyce Jones at [email protected], of the evaluation criteria for a renewal communications needs, again taking Wireless Telecommunications Bureau, applicant involved in a comparative into account the periods of time the Mobility Division, (202) 418–1327. For renewal proceeding but no procedures applicable service-specific rules give additional information concerning the for filing competing applications. Some licensees to construct facilities and meet PRA information collection services require a detailed showing that performance benchmarks. requirements contained in this the licensee has provided substantial 5. More specifically, for renewal at the document, contact Cathy Williams at service during the license term. The end of an initial license term, the (202) 418–2918 or send an email to renewal rules for some of the licensee must demonstrate that it timely [email protected]. Commission’s newer services generally constructed to any level(s) required by SUPPLEMENTARY INFORMATION: This is a require the licensee to be providing the service-specific rules and, thereafter, summary of the Commission’s Second service or operating on an ongoing basis, consistent with the Commission’s Report and Order (Order) in WT Docket after construction, during the license permanent discontinuance rules, No. 10–112, FCC 17–105, released on term. continuously provided service or August 3, 2017. The complete text of the 3. In an NPRM released on May 25, operated at or above the required Order, including all Appendices, is 2010 (WT Docket No. 10–112) (WRS level(s) for the remainder of the license available for inspection and copying Reform NPRM), the Commission term. For subsequent renewals, the during normal business hours in the proposed to adopt renewal requirements licensee must demonstrate that, over the FCC Reference Center, 445 12th Street for numerous Wireless Radio Services license term at issue, it continuously SW., Room CY–A157, Washington, DC based on the Commission’s model for provided service to the public or 20554, or by downloading the text from the 700 MHz Commercial Services Band operated under the license to meet the the Commission’s Web site at https:// licensees. Under this three-part licensee’s private, internal apps.fcc.gov/edocs_public/attachmatch/ approach: (1) Renewal applicants would communications needs, at or above the FCC-17-105A1.pdf. file a detailed renewal showing, level required to meet the final Alternative formats are available for demonstrating that they are providing construction requirement during the people with disabilities (Braille, large service to the public (or, when allowed initial term of the license. In all events, print, electronic files, audio format), by under the relevant service rules or the licensee also must certify that its sending an email to [email protected] or pursuant to waiver, using the spectrum service or operations are continuing. calling the Consumer and Government for private, internal communications) This requirement is reflected in the new
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§ 1.949 the Commission adopts today, Thus, under the Commission’s current proposed in the WRS Reform NPRM which replaces separate renewal rules rules, those licensees with a substantial would cause uncertainty in the renewal for each service in various rule parts, as service performance requirement at the process and create undue administrative reflected in the final rules. end of their initial license term are burdens for licensees and Commission 6. The renewal standard the subject to two distinct substantial staff. Some commenters suggest that the Commission adopts today follows the service requirements, one to support Commission apply a certification approach the Commission adopted in their renewal application and one for process for all renewal applications. many of its proceedings for new performance purposes. The renewal Other commenters suggest that the wireless services over the past decade. standard the Commission adopts today Commission should adopt some form of Beginning with the 700 MHz First and the accompanying discussion a safe harbor. Report and Order in 2007 (WT Docket should make it more readily apparent to 11. The Commission agrees that No. 06–150), and continuing to the 2016 licensees that the showing required for clearer and more certain renewal 600 MHz Report and Order (GN Docket renewal is distinct from the showing processes will benefit both licensees No. 12–268), the Commission has required to meet a performance and the Commission and concludes that established that licensees ‘‘must requirement. adopting a set of safe harbors—based on demonstrate that they are providing 8. As the Commission stated in the licensee certifications—will serve the adequate levels of service over the WRS Reform NPRM, the Wireless Radio public interest by reducing filing course of their license terms.’’ Most Services that are licensed by rule or on burdens on licensees and concentrating recently, the Commission applied the a ‘‘personal’’ basis or that have no scarce Commission resources on same principles in the Spectrum construction/performance obligation are reviewing renewal filings that warrant Frontiers Report and Order (GN Docket beyond the scope of this proceeding and close scrutiny. Accordingly, the No. 14–177), concluding that Upper are not encompassed within the renewal Commission adopts four safe harbors to Microwave Flexible Use Service policies the Commission adopts today. accommodate four license renewal (UMFUS) licensees would meet the Similarly, these policies do not extend scenarios by which a renewal applicant renewal standard in their initial license to public safety licenses issued based on can meet the renewal standard adopted terms if they met certain performance the applicant demonstrating eligibility in this Order. These license renewal safe benchmarks and were ‘‘using [their] under §§ 90.20 or 90.529, or public harbors are for (1) site-based licenses; facilities to provide service.’’ For safety licenses issued in conjunction (2) wireless providers using geographic subsequent license terms, the with a waiver pursuant to section 337 of licenses; (3) private systems using Commission concluded that it would the Act. The Commission also excludes geographic licenses; and (4) partitioned ‘‘award a renewal expectancy for the Educational Broadband Service or disaggregated licenses without a subsequent license terms if the licensee (EBS) from application of the renewal performance requirement. In a future continues to provide at least the requirements articulated in the Order proceeding, the Commission may initially-required level of service since this service presents unique issues consider additional safe harbors as through the end of any subsequent that are under consideration in a necessary and warranted. If a licensee is license terms.’’ Today, the Commission separate, comprehensive EBS unable to meet the requirements of one applies that policy across the board to rulemaking proceeding (See WT Docket of the enumerated safe harbors, the most WRS licenses, finding that these No. 03–66). licensee must make a more detailed renewal requirements are in the public 9. In contrast, the Commission finds ‘‘renewal showing’’ as part of its interest and their benefits outweigh any it is no longer necessary to provide any renewal application; the requirements likely costs. sort of modified renewal requirements for a renewal showing are described 7. As the Commission has stated in a for Broadband Radio Service (BRS) following the discussion of the renewal number of decisions, a licensee’s licensees as the Commission had safe harbors. renewal obligations are distinct from its proposed in the WRS Reform NPRM. 12. Each safe harbor scenario is based performance (also known as Given that the BRS transition, which on three certifications, which are subject construction or buildout) requirements. began in 2010, is now complete, the to the Form 601 condition that ‘‘[w]illful Many of the Commission’s specific Commission concludes that the BRS is false statements made on this form or service rules require performance appropriately included within the any attachments are punishable by fine showings to be made at the midpoint overall renewal framework now. The and/or imprisonment (18 U.S.C. 1001) and end of an initial license term Commission also rejects Motorola’s and/or revocation of any station license regarding population or area covered. request that the partitioned and/or or construction permit (47 U.S.C. For some services, licensees must disaggregated Part 80 VHF Public Coast 312(a)(1)), and/or forfeiture (47 U.S.C. demonstrate, or may elect to (VPC) Service spectrum it acquired for 503).’’ If the renewal applicant, in good demonstrate, substantial service as their the purpose of promoting public safety faith, can make all three certifications, performance requirement during their and private land mobile systems be its renewal application will be subject to initial license term. Under the excluded from application of the routine processing, and no further Commission’s performance requirement Commission’s generally applicable detailed renewal showing will be rules, a licensee generally provides a renewal framework. The Commission is required as part of the renewal snapshot in time (usually a date in close not persuaded that the characteristics of application. The first certification in proximity to, but no later than, the the Motorola-held VPC Service each scenario addresses the renewal construction deadline) of the level of spectrum and its planned usage warrant applicant’s ongoing provision of service service that it is providing to the public different treatment from other WRS and/or operations, and is tailored to the or its level of operation. By contrast, the licenses regarding the renewal rules, particular nature of licenses covered showing for renewal—also sometimes and thus the Commission does not grant under a given safe harbor. The second referred to as a substantial service the exception from the renewal policies certification requires the licensee to showing—requires more detailed sought by Motorola. certify that no permanent information regarding a licensee’s 10. Implementation of Renewal discontinuance of service or operation services or operations and related Standard. Many commenters express (as defined below as an unbroken failure matters for its entire license period. concern that the renewal framework to provide service or operate over a
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specified period of days) occurred may be used by any site-based WRS the license term following the interim during the license term. The third license in the services listed in performance requirement (up until the certification requires the licensee to Appendix G of the Order. deadline for meeting the final certify that it has substantially complied 15. Wireless Providers Using performance requirement), the licensee with all applicable FCC rules, policies, Geographic Licenses. The Commission continues to use its facilities 2 to and the Act. also finds that it would be in the public provide at least the level of service or 13. Site-based Licenses. Consistent interest to adopt a safe harbor for WRS operation required by its interim with the Commission’s certification licensees that provide service to performance requirement,3 and (2) it has proposal in the WRS Reform NPRM for customers using geographic licenses. met its final performance requirement the renewal of site-based licensees, the Many commenters urge the Commission and continues to use its facilities to Commission adopts a safe harbor for to adopt a streamlined certification provide at least the level of service site-based WRS licensees. With site- process for renewal of geographic required by its final performance based services, a licensee’s initial licenses like what the Commission requirement through the end of the application for authorization provides proposed for site-based licenses. Most license term. For a licensee in its initial the exact technical parameters of its recently, Verizon argues that a license term with no interim planned operations (such as transmitter straightforward renewal certification performance requirement, the licensee location, frequency, and power levels), ‘‘will obligate the licensee to verify that must certify that it has met its final while the licensee’s subsequent it is complying with the terms of its performance requirement and continues notification, that it has completed authorization and Commission rules, to use its facilities to provide at least the construction, confirms that the facilities including buildout, spectrum level of service required by its final have been constructed consistent with utilization, or other performance performance requirement through the its authorization (or with minor requirements.’’ Similarly, CTIA end of the license term.4 For a licensee modifications as may be permitted by maintains that a certification for in any subsequent license term, the the applicable service rules). A licensee geographic license renewal ‘‘would licensee must certify that it continues to also may file to modify its license, require that licensees verify that they use its facilities to provide at least the which may lead to a modified have complied with all buildout, level of service required by its last authorization and the submission of a performance, and other rules— performance requirement through the subsequent construction notification. demonstrating that they are providing end of any subsequent license terms. Consequently, at the time a site-based service—without imposing unjustified Some commenters ask the Commission service provider files a renewal burdens.’’ Both Verizon and CTIA argue to recognize that there are application, it should be operating as that a certification is consistent with the circumstances (e.g., network upgrades, licensed. renewal standard adopted in the natural disasters, power outages, routine 14. A site-based WRS licensee will Spectrum Frontiers Order for the maintenance, temporary service meet the Commission’s renewal millimeter wave spectrum bands at 28 outages) during which a licensee may standard if it can certify that it is GHz, 37 GHz, and 39 GHz. The need to ‘‘reduce overall coverage below continuing to operate consistent with Commission agrees that a certification, the level required by buildout the licensee’s most recently filed as part of a comprehensive safe harbor requirements, or briefly turn down construction notification (or most recent for geographic licenses, will streamline service . . . for a limited period.’’ CTIA authorization, when no construction its renewal processes, ensure maintains that ‘‘these events should not notification is required), and make the compliance with its rules, and provide disqualify a licensee from using the safe certifications regarding permanent clarity and certainty for WRS licensees. harbor.’’ Thus, the Commission clarifies discontinuance and substantial 16. Accordingly, the Commission that licensees who temporarily drop compliance with Commission rules and adopts a safe harbor for WRS providers below their construction benchmark for policies that are applicable to all using geographic licenses consistent fewer than 180 days may avail renewal applicants seeking to avail with the approach taken in the themselves of the safe harbor. In themselves of one of the renewal safe Spectrum Frontiers Order. A addition, the licensee must make the harbors. Consistent with the geographically-licensed WRS licensee certifications regarding permanent Commission’s treatment of wireless providing service to customers will discontinuance and substantial providers using geographic licenses as meet the renewal standard if it can make compliance with Commission rules and discussed below, licensees who the following certifications. For a policies that are applicable to all temporarily reduce their operations for licensee in its initial license term 1 with renewal applicants seeking to avail fewer than 180 days may avail an interim performance requirement, themselves of one of the renewal safe themselves of the safe harbor. The the licensee must certify that (1) it has harbors. This safe harbor may be used Commission concludes that this safe met its interim performance harbor for site-based WRS licensees is in requirement and that over the portion of 2 The Commission determines that use of the public interest and will expedite the facilities includes operations under any spectrum renewal process for licensees, ensure 1 For performance showing requirements at the leasing arrangement. 3 spectrum is being used efficiently to end of the initial license term, there are two filing The Commission notes that any licensee that processes in ULS depending on the service of the fails to meet its interim performance requirement provide service to the public or for license. For some services, licensees file a will not be able to avail itself of this safe harbor private internal needs, and allow notification of construction (NT) and a separate option at the end of the initial license term because Commission staff to concentrate scarce renewal application. For other services, licensees it will be unable to certify that it has met its interim resources on renewal applications that include their performance showing as an exhibit to performance requirement. the renewal application and do not file a separate 4 The Commission recognizes that a licensee may warrant heightened scrutiny. Moreover, NT. Under either filing method, the licensee would file a renewal application as early as 90 days prior applying the safe harbor process to site- certify in its renewal application that it has to license expiration. 47 CFR 1.949(a). The based services will ensure that renewed submitted a final performance showing in good Commission notes that a licensee with a licenses in these services are being faith, but acceptance of its safe harbor renewal performance requirement deadline coincident with certification is contingent on the Commission’s its license expiration date must meet any applicable operated, and if they are not, the review and acceptance of the performance showing. performance requirement before it can certify licensee must submit a renewal showing This is true as well for private systems using compliance with the safe harbor requirements and as discussed below. This safe harbor geographic licenses. file a renewal application.
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by geographic licensees in the Wireless in any subsequent license term, the licensee will meet the renewal standard Radio Services listed in Appendix H of licensee must certify that it continues to if it can satisfy the following safe the Order. use its facilities to further the licensee’s harbor. The licensee must certify that it 17. Private Systems Using Geographic private business or public interest/ uses and continues to use its facilities Licenses. The Commission finds that the public safety needs at or above the level either to provide service to the public or public interest will be served by required to meet its last performance to further the licensee’s private, internal adopting a separate safe harbor for requirement. Consistent with the business or public interest/public safety private systems using geographic treatment of wireless providers using needs. Thus, although the Commission licenses. In the WRS Reform NPRM, the geographic licenses as discussed above, does not impose a specific performance Commission queried what factors licensees who temporarily drop below requirement for such licensees at should be considered during renewal of their construction benchmark for fewer renewal of the current license term, in licenses used for a licensee’s private, than 180 days may avail themselves of order to avail itself of the streamlined internal communications needs. the safe harbor. In addition, the licensee safe harbor renewal process for any Commenters generally object to must make the certifications regarding subsequent license term, a licensee applying the WRS Reform NPRM’s permanent discontinuance and without a performance requirement proposed renewal framework to substantial compliance with must demonstrate some level of service geographic licensees that deploy Commission rules and policies that are or operation over the subsequent license private, internal communications applicable to all renewal applicants term. In addition, the licensee must systems. Instead, numerous commenters seeking to avail themselves of one of the make the certifications regarding urge the Commission to adopt a renewal safe harbors. This safe harbor permanent discontinuance (as defined certification for such licensees. The may be used by geographic area below) and substantial compliance with Commission agrees that a certification, licensees in the Wireless Radio Services Commission rules and policies that are as part of a comprehensive safe harbor listed in Appendix H of the Order. applicable to all renewal applicants for geographic licensees using their 19. Partitioned or Disaggregated seeking to avail themselves of one of the licenses for private, internal purposes, Licenses. As discussed in more detail renewal safe harbors. This safe harbor will streamline its renewal processes, below, the Commission’s rules permit may be used by any WRS licensee with ensure compliance with its rules, and parties to partitioning or disaggregation a partitioned or disaggregated license provide clarity and certainty for such agreements to choose between two without an associated performance licensees. options to determine how the parties requirement. Any licensee that cannot 18. Accordingly, the Commission will satisfy any relevant pending meet the requirements of the safe harbor adopts a safe harbor for WRS licensees performance requirement for the license must submit a renewal showing as using their geographic licenses for after it has been divided by geographic discussed below. private, internal systems. A partitioning or spectrum disaggregation 21. The Commission recognizes that geographically licensed WRS licensee arrangements. In cases where the this safe harbor, unlike the others, does using its license for private, internal original licensee has satisfied the not prescribe a specific level of service purposes will meet the renewal applicable performance requirement or operation required for renewal. As standard if it can make the following prior to partitioning or disaggregating the Commission has explained, certifications. For a licensee in its initial the license, however, the recipient of however, ‘‘[t]he goal of our construction license term with an interim the partitioned area or disaggregated requirements in both the partitioning performance requirement, the licensee spectrum has no performance and disaggregation contexts is to ensure must certify that (1) it has met its requirement associated with the that the spectrum is used to the same interim performance requirement and partitioned or disaggregated portion. degree that would have been required that over the portion of the license term This lack of a performance requirement had the partitioning or disaggregation following the interim performance is relevant in the renewal context transaction not taken place.’’ In the requirement (up until the deadline for because, while the partitioner or scenario addressed here, the partitioner meeting the final performance disaggregator may be able to meet a safe or disaggregator has already met the requirement), the licensee continues to harbor (to demonstrate that over the associated performance requirement for use its facilities to further the licensee’s course of its license term, the licensee the license; any additional construction private, internal business or public provided and continues to provide undertaken by the partitionee or interest/public safety needs at or above service to the public, or operated and disaggregatee exceeds the relevant the level required to meet its interim continues to operate the license to meet performance benchmark for the original performance requirement, and (2) it has the licensee’s private, internal license and thus does not contravene met its final performance requirement communications needs), the partitionee the goal of the Commission’s and continues to use its facilities to or disaggregatee will not be able to avail construction requirement in the further the licensee’s private business or itself of the safe harbors as adopted partitioning and disaggregation context. public interest/public safety needs at or above because it cannot certify However, the Commission contemplates above the level required by its final continuing service or operation taking action if it appears that parties to performance requirement through the consistent with its final performance a partitioning or disaggregation are end of the license term. For a licensee requirement because it has none. attempting to abuse its rules. in its initial license term with no Accordingly, the safe harbor approach 22. Renewal Showing. The interim performance requirement, the must be adjusted to provide the Commission seeks to provide licensees licensee must certify that it has met its partitionee or disagregatee with a with certainty and clarity regarding the final performance requirement and mechanism for demonstrating renewal process, and thus have adopted continues to use its facilities to further compliance with the renewal standard. four safe harbors to provide licensees the licensee’s private business or public 20. To this end, the Commission with a streamlined mechanism for interest/public safety needs at or above adopts an approach that applies to WRS meeting the renewal standard. The the level required by its final licensees with partitioned or Commission expects that most licensees performance requirement through the disaggregated licenses when there is no will be able to avail themselves of its end of the license term. For a licensee performance requirement. Such a streamlined safe harbor process and
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receive timely renewal grants. In the associated with a licensee’s level of subscribers, the services offered; for event a licensee is unable to meet the service to the public. operation—the number of users (if requirements of any of the enumerated 25. Many commenters object to the applicable), the operating area, the type safe harbors, however, it must file a adoption of this renewal showing for all of operation); ‘‘renewal showing’’ to demonstrate how WRS licensees. These commenters argue (2) the date service/operation it meets the renewal standard the that the proposed renewal showing is commenced, whether service/operation Commission adopts in this Order. complex and would impose substantial was ever interrupted, and the duration Examples of licensees that will not be costs and burdens on licensees. Other of any interruption or outage; able to meet a safe harbor, but for whom commenters assert that the proposed (3) the extent to which service/ there nonetheless may be legitimate renewal process is unclear and creates operation is provided to/in rural areas; bases that warrant renewal, include a uncertainty for licensees. Still other (4) the extent to which service/ licensee that no longer provides service commenters maintain that the proposed operation is provided to/in tribal lands; or no longer operates at the level process requests information already in and required to meet its final performance the Commission’s possession, requests (5) any other factors associated with a requirement, or a licensee that has detailed information that licensees do licensee’s level of service to the public/ modified its service or operations since not maintain, and may require level of operation. 27. Each of the factors listed above to its final performance requirement to disclosure of competitively sensitive be considered in a renewal showing offer novel services or employ a unique information. The Commission directly relates to the renewal standard system architecture. These scenarios acknowledges commenters’ many the Commission adopts today—service warrant additional scrutiny before the concerns regarding a general requirement that all WRS licensees or operation over the license term. The Commission can determine whether Commission will consider the totality of license renewal is in the public interest. submit detailed renewal showings and have concluded that, in many cases, all the factors on a case-by-case basis to The Commission reiterates that it will determine if a licensee has not require renewal applicants to file a streamlined applications containing the required certifications for safe harbor demonstrated over the course of its renewal showing if they can meet the license term that it has provided and renewal standard via a safe harbor. treatment will be sufficient to ensure that the Commission renews licenses in continues to provide service to the 23. In the WRS Reform NPRM, the public, or has operated and continues to Commission proposed to require all the public interest, consistent with the Act. The Commission emphasizes that operate under the license to meet the renewal applicants to meet its renewal licensees that can take advantage of one licensee’s private, internal standard by filing a detailed renewal of the ‘‘safe harbor’’ renewal communications needs. showing to demonstrate that they are applications described above will not be 28. In the WRS Reform NPRM, the providing service to the public (or, required to submit a renewal showing as Commission also asked whether a when allowed under the relevant part of their renewal applications. variety of other factors should be service rules or pursuant to waiver, Rather, only licensees that cannot incorporated into the renewal rules. using the spectrum for private, internal satisfy one of the enumerated safe Many commenters object to the communication), and substantially harbors will be required to file a collection of additional data in support complying with the Commission’s rules detailed renewal showing. To fulfill the of a renewal showing. On balance, the (including any applicable performance Commission’s statutory mandate to Commission agrees that the costs of requirements) and policies and the Act. ensure efficient spectrum use consistent requesting additional information The Commission now turns toward a with the public interest, where a beyond the renewal showing as adopted consideration of this proposed standard licensee does not satisfy one of the would outweigh the benefits of such for cases in which a renewal applicant streamlined processes, the Commission additional information. The does not meet one of the safe harbors must undertake a closer examination of Commission thus decides not to add adopted herein. a licensee’s record of service or further factors at this time to the 24. The renewal showing proposed in operation over its license term. renewal showing requirements. The the WRS Reform NPRM followed the Consistent with the Commission’s Commission finds that its renewal paradigm adopted in the 700 MHz conclusions in the AWS–4, H Block, framework strikes an appropriate Report and Order. After the release of AWS–3, and 600 MHz proceedings, the balance between the need for the WRS Reform NPRM, the Commission finds that the renewal information to fully evaluate renewal Commission has adopted the 700 MHz showing it adopts today, applied in the applications that cannot meet the safe Commercial Services renewal paradigm limited circumstances described herein, harbors and minimizing burdens on in four additional services—AWS–4, H is in the public interest and its benefits licensees. Block, AWS–3, and 600 MHz. outweigh any likely costs. 29. The Commission disagrees with Specifically, the Commission proposed 26. Accordingly, licensees that cannot commenters that argue that the option of to consider the following factors when satisfy the renewal standard under one filing a full renewal showing would be evaluating whether a renewal showing of the enumerated safe harbors can contrary to the Commission’s original met the renewal standard: (1) The level nonetheless meet the renewal standard proposal for site-based services. Under and quality of service provided by the by demonstrating that they are the Commission’s prior proposal, if a applicant (e.g., the population served, providing service to the public (or, site-based licensee could not make the the area served, the number of when allowed under the relevant requisite certification, the renewal subscribers, the services offered); (2) the service rules or pursuant to waiver, application could not be granted and the date service commenced, whether using the spectrum for private, internal spectrum would be returned to the service was ever interrupted, and the communication), using the following Commission. Under the renewal duration of any interruption or outage; renewal showing, as applicable: framework the Commission adopts (3) the extent to which service is (1) The level and quality of service/ today, if a site-based licensee cannot provided to rural areas; (4) the extent to operation provided by the applicant meet the requirements of the safe which service is provided to tribal (e.g., for service—the population served, harbor, it may choose to file a renewal lands; and (5) any other factors the area served, the number of showing to explain why it should
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nonetheless retain its license, thus for them to undertake a compliance Applications filed prior to the effective providing additional flexibility to such review necessary to make the required date of the new rules will be processed a licensee. certification regarding operation. under the rules in effect when they are 30. Implementation Timeline. The Existing service-specific renewal rules filed. renewal framework represents, for some will remain in effect until the renewal 33. Geographic and Site-based WRS licenses, a significant change in rules adopted herein become effective. Licensed Services—Other Requirements. how the Commission will evaluate and Applications filed prior to the effective Consistent with the Commission’s process renewal applications going date of the new rules will be processed proposal in the WRS Reform NPRM, the forward.5 For licensees that already under the rules in effect when they are Commission applies a single regulatory meet the renewal standard, the unified filed. compliance demonstration requirement renewal paradigm presents a 32. Geographic-area Licenses. Given to all renewal applicants, whether streamlined process using safe harbors the inconsistency of the Commission’s licensed by geographic area or by site. with minimal filing burdens and renewal rules across wireless services, In addition, the Commission prohibits certain, timely renewal processing. The the Commission has seen markedly the filing of competing applications Commission recognizes, however, that different renewal submissions by against such renewal applications. other licensees will need time to come licensees describing the level of service Further, if a renewal application cannot into compliance with the renewal or operation in the various specific be granted, the associated spectrum standard. Accordingly, the Commission services within the WRS. Some generally will be returned to the Commission for re-licensing under the adopts an implementation schedule that licensees have submitted renewal applicable processes. will make the benefits of the renewal applications clearly demonstrating 34. Regulatory Compliance framework available immediately for service or operation over the entire those licensees most likely able to avail Demonstration. In the 700 MHz First license term, which would meet the Report and Order, the Commission themselves of the streamlined processes, renewal standard the Commission but provide ample time for those stated that, as part of their renewal adopts today. Others have filed filing, renewal applicants must licensees that may need to come into applications that demonstrate service or compliance with the new rules. In all demonstrate ‘‘that they have operation over significantly less than substantially complied with all instances, compliance with the renewal the entire license term, which would standard, via either a safe harbor or applicable Commission rules, policies, not meet the Commission’s new renewal and the Communications Act of 1934, as renewal showing, will be assessed from standard contemplating ongoing service the effective date of the new rules. Thus, amended, including any applicable or operation during the license term. performance requirements.’’ As the for example, the requirement to provide The Commission seeks to provide continuous service/operation does not Commission stated in the WRS Reform sufficient time to geographic-area NPRM, such a regulatory compliance cover periods before the effective date of licensees that have yet to be subject to those rules. Nor does a licensee seeking demonstration serves the public interest the renewal standard so that they can by facilitating the Commission’s safe harbor treatment need to certify that comply with the new standard (indeed, it met the necessary criteria during time evaluation of the character and other some licensees are not yet required to qualifications of a renewal applicant. periods prior to the effective date. even demonstrate service over the 31. Site-based Licenses. For site-based 35. To aid in this evaluation, the license term). The Commission Commission proposed a detailed licensees, the new renewal paradigm is determines that the renewal standard submission of documents regarding akin to their existing renewal and the renewal framework will take compliance by the licensee and certain requirements. As discussed above, at the effect for such licensees on January 1, defined affiliates. Industry commenters time a site-based service provider files 2023, replacing the existing service- uniformly opposed adoption of the a renewal application, it should be specific renewal rules, giving licensees proposed regulatory compliance operating as licensed. Thus, current at least five years to comply with the demonstration as a prerequisite to renewal requirements for site-based new renewal rules (giving all licensees renewal on the basis that it is onerous licensees are much like the safe harbor sufficient time to show service over the and unduly burdensome and could the Commission adopts for such license term, starting from the effective impose significant costs, particularly on licensees. The Commission finds that date of the new renewal rules). Existing rural and regional carriers. the renewal standard and renewal service-specific renewal rules will cease 36. The Commission has a statutory processes (whether streamlined or to be effective as of January 1, 2023. The duty to ensure that licensees entailing an evaluation of the licensee’s Commission notes, however, that substantially comply with all applicable full renewal showing) should be made licensees in the 700 MHz, AWS–4, H Commission rules and policies and the available to site-based licensees as soon Block, AWS–3, and 600 MHz services Act. At the same time, where possible as possible and thus determines that already are subject to the renewal and practicable, the Commission seeks such rules will be applied to those standard that it adopts today for all to streamline the existing renewal licensees without a transition period, WRS geographic licenses. Accordingly, application processes and minimize with one exception, effective upon their the Commission concludes that these filing burdens on licensees. In lieu of applicable effective dates. For licensees should be able to avail the regulatory compliance microwave licenses in the Common themselves of the safe harbors and demonstration proposed in the WRS Carrier Fixed Point-to-Point Microwave associated streamlined procedures prior Reform NPRM, the Commission Service, licensees will not be required to to January 1, 2023. Thus, for licensees concludes that it can perform its duties comply with the revised renewal rules in the 700 MHz, AWS–4, H Block, and further its public interest goals for site-based licenses until October 1, AWS–3, and 600 MHz services, the safe effectively by requiring a renewal 2018, in order to provide sufficient time harbor rules will apply immediately applicant to certify that it has upon their effective dates. Existing substantially complied with all 5 Because substantial compliance with applicable service-specific renewal rules will applicable FCC rules, policies, and the FCC rules and policies and the Act is an ongoing obligation of licensees, this will be assessed over remain in effect until the renewal rules Act. If a particular renewal applicant is the entire term of the license at renewal. adopted herein become effective. unable to make the substantial
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compliance certification, it will need to adopts today, however, will provide it Radio Services licenses that have no provide an explanation of the with ample information to determine construction obligations, including circumstances preventing such a whether a particular license renewal is services where operations are licensed certification and why renewal of the in the public interest. Some commenters by rule (and thus there is no individual subject license should still be granted. also argue that competing applications ‘‘license’’ to renew) or to Wireless Radio 37. Elimination of Comparative are rare, but this only strengthens the Services that can be considered to Renewal Rules for WRS. As proposed in rationale to eliminate the outdated involve a ‘‘personal’’ license. These the WRS Reform NPRM and consistent rules. The Commission finds that the services are listed in Appendix I of the with the action the Commission took in best course is to remove the comparative Order. the WRS Reform First Report and Order renewal rules and harmonize the B. Permanent Discontinuance of in this proceeding adopted in tandem approach across spectrum bands—many Operations for Wireless Radio Services with the Cellular Reform Second Report of which, as discussed above, already and Order on March 23, 2017 (WT prohibit the filing of competing 45. All WRS licensees are currently Docket No. 12–40), and in several other applications. In the event that an entity subject to the Part 1 rule governing proceedings over the last decade, the lacks standing to file a petition to deny permanent discontinuance, which Commission prohibits the filing of a WRS license renewal application, it provides that an authorization competing applications for all WRS and may still bring relevant facts to the automatically terminates, without eliminates the remaining comparative attention of the Commission by means specific Commission action, if service is renewal procedures and requirements of an informal filing. ‘‘permanently discontinued.’’ To across various rule parts. 41. If a license is not renewed, the promote service continuity, the 38. The WRS Reform NPRM proposed associated spectrum will be returned to Commission replaces disparate service- to prohibit the filing of competing the Commission as discussed below, specific rules dealing with permanent renewal applications for all WRS as part allowing parties that may have been discontinuance with a standardized rule of its proposed uniform WRS renewal inclined to file a competing application for all WRS licensees. This rule will process. The majority of commenters to participate in the auction of spectrum work in concert with construction and support the Commission’s proposal to recovered from geographic licensees or renewal obligations to ensure that eliminate service-specific rules apply for spectrum recovered from a licensees provide service in a timely regarding the filing of competing Cellular or site-based licensee. manner, continue to provide service applications and the use of comparative 42. Return of Spectrum to over the term of the license, and do not hearings to resolve them. A number of Commission if Renewal Application Is discontinue service for such an commenters maintain that the Denied. Consistent with the extended period of time that it should comparative renewal process is an Commission’s proposals in the WRS be deemed permanent. outdated vestige of licensing rules Reform NPRM, the Commission 46. Current service-specific rules do predating the Commission’s current concludes that, if a WRS licensee cannot not clearly and consistently define reliance on auctions in many services. meet the renewal standard and its permanent discontinuance resulting in 39. The Commission deletes the license cannot be renewed, its licensed license termination, with a few services remaining service-specific comparative spectrum will be returned automatically defining the term and many services renewal rules and prohibits the filing of to the Commission. For site-based completely lacking any definition. Thus, competing renewal applications for all licenses, the Commission will continue after meeting any service-specific WRS. This approach is consistent with to apply the policy of having spectrum construction and renewal requirements, the Commission’s determinations in revert to a geographic area licensee, if some licensees in a service whose rules many other commercial wireless service applicable, if an underlying site-based provide no definition of ‘‘permanent’’ proceedings over the last ten years— authorization is not renewed. discontinuance might conclude that including those for the AWS–3 and 43. One overarching goal in this they are permitted to discontinue AWS–4 Bands, the H Block, the 600 proceeding is to ensure that valued service for long periods of time, and that MHz Band, and the 700 MHz spectrum resources are rapidly put to such suspension of service would not Commercial Services Band—and with their highest and best use. A second trigger automatic license termination. In the elimination of comparative renewal goal in this proceeding is to provide contrast, other licensees/competitors in rules applicable to the Cellular Service. licensees with certainty and clarity a service whose rules define The same logic that the Commission regarding the rules that apply to them ‘‘permanent’’ discontinuance as specific used in exempting those bands from and the consequences for failing to meet amount of time during which operations comparative renewal applications those rules. The Commission’s existing were suspended (e.g., 90 days) would be likewise applies to the remaining WRS spectrum reversion rule employed today subject to automatic license termination bands. The Commission previously serves these dual goals. If a licensee if they discontinued service to found, and commenters agree here, that cannot meet the renewal standard (via subscribers for that specified length of the public interest is not served by the safe harbor or renewal showing) or it time. As the Commission noted in the filing of time-consuming and costly has permanently discontinued service, WRS Reform NPRM, the public interest competing applications, and a or its regulatory compliance is not served by such marked regulatory prohibition on competing applications certification is insufficient, its renewal disparities. The Commission will ‘‘protect[] the public interest application cannot be granted, and its accordingly proposed to adopt a without creating incentives for licensed spectrum will return uniform discontinuance of service rule speculators to file ‘strike’ applications.’’ automatically to the Commission. for Parts 22, 24, 27, 80, 90, 95, and 101 40. The few commenters that support 44. Wireless Radio Services Excluded Wireless Radio Services. The retention of the comparative renewal from Rulemaking. The Commission Commission finds that the adoption of application rules argue that, without the concludes that certain Wireless Radio a uniform regulatory framework ability to file competing applications, Services should be excluded from the governing the permanent there is no way to discover disqualifying new renewal requirements. Specifically, discontinuance of operations for facts about incumbent licensees. The the Commission will not apply the Wireless Radio Services will serve the renewal requirements the Commission revised renewal paradigm to Wireless public interest by: (1) Affording
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similarly situated licensees and like affording licensees operational provide service to unaffiliated services comparable regulatory flexibility and ensuring that licensed subscribers. For such private, internal treatment; (2) providing licensees and spectrum is efficiently utilized. The communications, the Commission other interested parties clarity and Commission disagrees with those defines ‘‘permanent discontinuance’’ as certainty to facilitate business and commenters that oppose the adoption of a period of 180 or 365 consecutive days network planning; and (3) ensuring that any permanent discontinuance rules. (for geographic and site-based licenses valuable spectrum is not underutilized. Allowing licensees unfettered discretion respectively) during which the licensee The rules the Commission adopts today to determine how long scarce spectrum does not operate. strike the appropriate balance between resources lie fallow after meeting 53. The Commission concludes that providing licensees with operational relevant construction requirements different rules for geographic versus flexibility and ensuring spectrum is not would be inconsistent with the intent of site-based licenses are warranted by warehoused and does not lie fallow. those requirements and would directly their differing operational 47. Most but not all commenters contradict the Commission’s statutory characteristics. Under a geographic support a uniform regulatory framework obligation to ‘‘prevent stockpiling or license, a licensee constructs and governing permanent discontinuance. warehousing of spectrum by licensees or operates its entire network in the market Commenters disagree, however, on the permittees.’’ under the umbrella of its geographic appropriate discontinuance period to be 51. The Commission replaces the license. As MetroPCS explains, wireless applied to the various Wireless Radio existing hodgepodge of discontinuance carriers constantly discontinue Services, with some commenters rules with a unified regulatory individual sites or channels as they supporting the Commission’s proposed framework that ensures regulatory reconfigure their networks to increase time periods while other commenters parity across services and license types and adjust capacity. The Commission’s seek a 365-day discontinuance period and applies the rules on a per-license goal in this proceeding is not to hamper for all WRS licensees. basis. Under the new rules for all a licensee’s normal network design and 48. Commenters are generally geographically licensed radio services, reconfiguration processes. Licensees supportive of the Commission’s permanent discontinuance of service for should continue to have the necessary proposal to apply the permanent a given license will be defined as 180 flexibility to add or remove network discontinuance rule commencing on the consecutive days during which a facilities consistent with their business date a licensee makes its initial licensee does not operate or, in the case strategies and network planning construction showing or notification. of WRS licensees providing service to processes. Thus, for geographic Some commenters, however, ask that customers, does not provide service to licensees, the period of discontinuance the Commission commence the at least one subscriber that is not will not start for a given license until all permanent discontinuance period on affiliated with, controlled by, or related network facilities operated under that the date of a licensee’s construction to the providing carrier. The license within the licensed area are deadline, while Sprint suggests that the Commission adopted an identical discontinued. Commission use a licensee’s final framework for AWS–4, H Block, AWS– 54. By contrast, site-based licensees construction deadline date. 3, and 600 MHz, which are all licensed do not have the same flexibility as 49. Section 101.305 of the rules states on a geographic basis. In addition, for geographic licensees to decommission that common carrier licensees in certain all radio services licensed by site, individual facilities. Site-based services must notify the Commission of permanent discontinuance of service for licensees are authorized to transmit involuntary discontinuance, reduction, a given license will be defined as 365 from a particular location or over a or impairment of service within 48 consecutive days during which a particular path and have little flexibility hours, and that voluntary licensee does not operate or, in the case to alter these parameters; ceasing discontinuance by a common carrier of WRS licensees providing service to operation on a frequency or band licensee in the identified services must customers, does not provide service to constitutes a total cessation of all occur only with prior Commission at least one subscriber that is not service or operation under the site-based approval, under the procedures of part affiliated with, controlled by, or related license and, unless otherwise provided, 63 of the Commission’s rules. AT&T to the providing carrier. A licensee’s would therefore start the clock for asks that the Commission take this authorization will automatically measuring the length of discontinued opportunity to delete § 101.305, arguing terminate, without specific Commission service/operations on that licensed that it is both obsolete and duplicative action, if it permanently discontinues frequency/band at that location/path. of other rules, specifically § 101.65 and service. Thus, to provide site-based licensees that the rule’s concern for protecting 52. The rules distinguish between with the necessary flexibility to repair, ‘‘communities’’ is misplaced. wireless providers providing service to modify, or upgrade their sites without 50. After reviewing the extensive subscribers and private licensee fear of triggering a discontinuance record in this proceeding, the operation. In accordance with the period that could lead to the automatic Commission finds that the public Commission’s proposal, for wireless termination of their license, the interest will be best served by adopting providers, the Commission defines Commission finds that site-based a uniform regulatory framework ‘‘permanently discontinued’’ as a period licensees should be afforded a 365-day governing service continuity. The of 180 or 365 consecutive days (for discontinuance period. Commission therefore adopts new geographic and site-based licenses, 55. The Commission does not find § 1.953 as it appears in Appendix A of respectively) during which the licensee that geographic licensees need a 365- the Order and deletes multiple rule does not provide service to at least one day discontinuance period to sections governing permanent subscriber that is not affiliated with, adequately conduct technology discontinuance in specific Wireless controlled by, or related to, the upgrades and to avoid unfairly Radio Services. As recognized by the provider. The Commission adopts a penalizing licensees that operate in Commission in four other proceedings different approach for wireless licensees remote or highly seasonal areas of the and by commenters in this proceeding, that use their licenses for private, country that may be uninhabited for the approach the Commission adopts internal communications, however, more than half the year. Given the strikes an appropriate balance between because such licensees generally do not flexibility geographic licensees have to
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turn off individual facilities in their does not have a construction deadline. the permanent discontinuance rules licensed area so long as at least one Under the new renewal standard these until after a licensee’s final construction facility continues to operate or licenses must be operating by the end of date, a licensee would be permitted to continues to serve at least one non- the next full renewal term after their initiate service at its interim date and affiliated subscriber, the Commission current license term to warrant renewal. then shut down all operations until the finds that 180 days provides licensees As such, the discontinuance rules will final construction deadline. This result with ample time to effectuate network apply to these partitioned/disaggregated is contrary to the Commission’s goal of modifications without triggering a licenses at that date. This approach promoting robust spectrum use. discontinuance period. Adoption of a provides consistent treatment in that However, for some services a failure to 180-day discontinuance period licensees need only be concerned about meet an interim construction date substantially increases the amount of permanent discontinuance after they are results in acceleration of the final time licensees can discontinue required to be operating (whether at construction date and, in some cases, operations in some services. However, their next construction deadline or the license expiration date. For these the Commission decreases the renewal). The Commission adopted the services, if a licensee fails to meet the discontinuance period from one year to same approach for AWS–4, H Block, interim construction date, the 180 days in certain services, for AWS–3, and 600 MHz. discontinuance rule will apply after the example, certain Part 101 geographic 58. In services where the licensee’s accelerated final construction licenses and 220–222 MHz geographic Commission’s rules currently contain no date. licenses (listed in Appendix F of the definition of permanent discontinuance, 60. The Commission exclude EBS Order). Given the operational flexibility some licensees may have met their from application of the new permanent afforded geographic area licensees interim construction deadline, but have discontinuance rule because this service discussed above, the Commission yet to reach their final construction presents unique issues that are under concludes that this reduction will not deadline and may have discontinued consideration in a separate proceeding. create undue burdens on such licensees. operations as part of a business strategy The Commission finds that it should Moreover, in the event additional time or network plan. Absent a definition of consider EBS permanent discontinuance is needed, as discussed below, the rules permanent discontinuance, these policies in the context of the will provide for an automatic 30-day licensees might have concluded that comprehensive EBS rulemaking. For the extension or licensees can file for a they could discontinue service for a reasons stated above in the discussion of waiver under § 1.925 of the long period without fear of automatic the renewal policy rules, the Commission’s rules if additional time is license termination. While all covered Commission finds that BRS licenses and warranted. WRS licensees must comply with the the Motorola-held partitioned and/or 56. The Commission agrees with permanent discontinuance rules going disaggregated Part 80 VHF Public Coast commenters who propose that the forward, it is equitable to provide licenses should be subject to the rules discontinuance rule should begin to certain existing licensees with and policies adopted herein regarding apply on the date a licensee must meet additional time to come into compliance permanent discontinuance. its first performance requirement with the rules, if necessary. Thus, in all 61. Section 101.305 contains a benchmark, i.e., the construction services that do not currently have an number of requirements related to deadline. Using the construction explicit definition of permanent discontinuance, reduction, or deadline, versus the date a licensee discontinuance, (e.g., Part 24 Personal impairment of services for some or all actually makes its construction Communications Services, certain Part Part 101 services. The bulk of these notification, will ‘‘avoid unduly 27 Miscellaneous Wireless provisions relate to involuntary and punishing early adopters who are Communications Services, Part 80 voluntary discontinuance, reduction, or experimenting with certain business Safety and Special Radio Services, and impairment of public communications models or technologies, and who later Part 95 218–219 MHz Service) licensees services and required filings to be made deploy a different technology.’’ If a will be given until January 1, 2019 to with the Commission. In particular, licensee files its notification prior to the come into compliance with the rules § 101.305(b) requires that covered required construction deadline, the adopted today regarding permanent licensees subject to Title II of the Act licensee should have the flexibility to discontinuance. If a licensee in these must obtain prior approval from the alter its network as it sees fit, including services is not providing service or is Commission pursuant to the procedures turning down the entire system to not operational on January 1, 2019, the set forth in part 63 of the Commission’s accommodate changes in business plans discontinuance period would start on rules before they may voluntarily or network design. If the Commission that date. After that date, a WRS discontinue, reduce, or impair public were to apply the rule immediately licensee’s authorization will communications services to a upon the filing of a licensee’s automatically terminate, without community or part of a community. construction showing or notification, it specific Commission action, if service is Because § 101.305 implicates the would create a disincentive for licensees permanently discontinued as defined provision of service pursuant to Title II to deploy their networks prior to their under the newly adopted rules. of the Act and given the limited record construction deadline. Such a result 59. The Commission declines to adopt addressing this rule, the Commission would be contrary to the Commission’s Sprint’s request to apply the permanent makes no changes to this rule section at goal of rapid spectrum deployment. discontinuance rules only after a this time. 57. In most cases, the first licensee’s final construction date. The 62. Notification of permanent performance requirement benchmark is permanent discontinuance rules are discontinuance. The Commission the interim or final construction designed to ensure that once a licensee adopts the proposed filing requirement deadline for geographic licenses, or the is required to begin operations or that a licensee that permanently 12-month construction deadline for site- provide service to the public by, e.g., an discontinues service must notify the based licenses. In a few cases, licensees interim construction date, it continues Commission of the discontinuance have partitioned and/or disaggregated to do so thereafter without substantial within 10 days by filing FCC Form 601 their licenses under current rules, and breaks in operation or service. If the or 605 requesting license cancellation. one or more of the resulting licenses Commission generally does not apply Such a self-reporting requirement will
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facilitate timely and accurate Including roaming within the definition C. Geographic Partitioning and recordkeeping of the Commission of service serves the underlying goal of Spectrum Disaggregation Rules and license and spectrum inventory. the Commission’s rules to ensure that Policies However, even if a licensee fails to file licensees are actively using their 68. In the WRS Reform NPRM, the the required form requesting license spectrum—be it to provide service to Commission proposed a new rule, cancellation, an authorization will subscribers or roamers—and not § 1.950, to standardize and clarify its automatically terminate, without allowing it to lie fallow. The partitioning and disaggregation rules specific Commission action, if service is Commission clarifies, however, that a across services in which such activities permanently discontinued as defined by WRS licensee must actually be are permitted. As part of this proposal, the new rules. The Commission providing service to a roamer and not the Commission contemplated disagrees with the two commenters who merely have the ability to provide establishing consistent performance ask that the notification period be obligations (i.e., construction and extended to 30 days. Neither commenter service to roamers. operation) for spectrum licenses that advances a compelling basis for 66. Channel keepers. The Commission have been divided by geographic extending the notification period and adopts its proposed rule that operation partitioning or spectrum disaggregation the proposed 10-day period will ensure of so-called channel keepers—devices arrangements. Specifically, the that the Commission’s records are that transmit test signals, tones, and/or Commission proposed that each party to updated on a timely basis. color bars, for example—will not such an arrangement would be 63. Extension requests. In addition, constitute operation or service for the the Commission adopts the proposed individually required to meet any purposes of the permanent service-specific performance extension request process under which discontinuance rule. As the Commission a request for a longer discontinuance requirements. explained previously, ‘‘it was clearly 69. At present, there are a wide period may be filed for good cause, unreasonable . . . to believe that the subject to the requirement that it be variety of Wireless Radio Services under periodic broadcasting of signals that filed at least 30 days before the end of the Commission’s authority that are nobody received constituted ‘service’ the discontinuance period. Under this subject to equally varied construction process, the filing of a request would within the meaning of the rule. Such an and performance obligations. The automatically extend the interpretation is unreasonable; in order Commission’s current partitioning rules discontinuance period a minimum of to provide a service a provider would, provide licensees several options to the later of an additional 30 days or the at a minimum, need a customer or other meet their construction obligations: (1) date upon which the Wireless person to serve.’’ The Commission thus Independent Construction—the parties Telecommunications Bureau (Bureau) adopts the rule regarding channel may independently elect to satisfy the acts on the request. Commenters keepers as proposed. construction requirements for their respective partitioned license areas and support the proposed automatic process 67. Verizon asks the Commission to for extension requests. Such an express failure to perform subjects a licensee in expand the definition of operation to this context to forfeiture of its process provides licensees with the include facilities that are ‘‘available’’ to flexibility to request a limited period of partitioned license; (2) Collective carry customer traffic but are in Construction—the parties may additional time for discontinuance of ‘‘standby’’ mode and only used on an operations as necessitated by the collectively share responsibility for ‘‘as-needed basis depending on capacity licensee’s business and operational meeting the construction requirement demands.’’ Verizon argues that these needs and the certainty that they will for the entire geographic area and if the receive a minimum of 30 additional systems are needed to allow licensees to parties collectively fail, then both will days to resume service. maximize efficiency of their spectrum be subject to a range of penalties, 64. The Commission declines, resources and network investment and including possible license forfeiture; or however, to adopt CCA’s proposal for an maintain optimal performance levels (3) Partitioner-only Construction—the automatic six-month extension period while providing seamless service to partitioner may satisfy the construction or case-by-case review. An automatic customers across multiple licenses in requirement for the entire pre- extension of the permissible the same market. The Commission partitioned geographic area. Many discontinuance period of six months declines to expand its definition of services allow this third option, but the runs contrary to the goals of timely and operation as requested by Verizon. As repercussions for failure to perform vary efficient use of the nation’s scare the Commission explained previously, significantly. In some instances, spectrum resources. Although unique at a minimum, provision of service partitionees must still satisfy a circumstances may arise that necessitate requires a customer or other person to substantial service requirement for the a period of discontinuance beyond what serve. That a network is capable of partitioned area at renewal. In others, is automatically permitted under the service in ‘‘standby mode’’ or on an ‘‘as- partitionees can argue that they are not new rules, these circumstances can needed basis’’ without providing actual obligated to provide service to obtain adequately be addressed by the existing service to a customer or other person is license renewal since only the non- waiver processes. performing partitioner is subject to insufficient to constitute service for 65. Roaming. Several commenters ask forfeiture of its license at renewal. that the Commission clarify how its purposes of the Commission’s 70. Licensees also currently have permanent discontinuance rules apply permanent discontinuance rules. multiple options under the to licensees that serve roamers. The Moreover, the Commission does not Commission’s disaggregation rules to Commission concludes that, for license spectrum on a network basis; meet applicable construction purposes of the permanent rather, it evaluates operational obligations: (1) One-party discontinuance rule, the term ‘‘service’’ obligations on a license-by-license basis, Construction—parties can assign includes service provided exclusively or and thus licensees must maintain responsibility to either the disaggregator incidentally to roamers even though continuity of service or operations on a or the disaggregatee, and construction such roamers are not subscribers of the license-by-license basis. by that party is deemed sufficient for licensee providing roaming service. both. Generally, if the designated party
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fails to perform, only its license is requirements.6 Further, to ensure commenters’ arguments that proposed subject to forfeiture at renewal. (2) uniformity and clarity, the Commission § 1.950(g) would deter secondary market Shared Construction Responsibility— adopts § 1.950, largely as proposed, and activity, especially with respect to parties may share responsibility for § 1.950(g), as revised, to replace separate small, rural licensees for whom buildout meeting the construction requirements. partitioning and disaggregation requirements may be prohibitively Depending on the service, failure to construction and performance rules for costly. The Commission also finds that perform by either party could result in each service in various rule parts. The its rule adequately addresses Blooston’s forfeiture of both licenses. By contrast, Commission concludes that these arguments underlying its some service rules allow parties to a changes will provide WRS licensees recommendation that the Commission disaggregation to satisfy the with greater flexibility to configure their exempt rural areas from the rule. The construction requirement in the licenses according to their operational revised rule allows parties to aggregate rather than individually. needs, while still affording important partitioning and disaggregation safeguards against spectrum arrangements to share service-specific 71. A majority of the commenters that warehousing. construction requirements. The addressed the partitioning and 74. The Commission agrees with Commission concludes that the disaggregation construction Verizon that imposing an independent additional flexibility of the revised rule requirements in the WRS Reform NPRM construction requirement on both will continue to enable service disagree with the Commission’s parties to a partitioning or providers to configure geographic area proposal to require that each party to disaggregation arrangement, as proposed and spectrum block licenses to suit their such arrangements independently in draft § 1.950(g) in the WRS Reform unique operational needs, which satisfy construction obligations. They NPRM, might, under certain includes using partitioning and object largely on the basis that the circumstances, unnecessarily impose disaggregation to open up licensing current rules already promote efficient additional construction requirements on opportunities to rural carriers. spectrum use and changing them is parties to partitioning and 76. The Commission declines to retain unnecessary, or worse, harmful. They disaggregation arrangements that would ‘‘partitioner only’’ construction rules contend, among other things, that the not have existed had the license not (wherein a partitioner can certify that it new rules will curb interest in been partitioned or disaggregated. To has met or will meet the construction secondary market opportunities, address this potential issue, the requirement for the entire pre- particularly in rural areas, and will Commission revises § 1.950(g) to allow partitioned area) to encourage carriers to disrupt existing private contractual participants to share the construction take risks in rural markets. This relationships. requirement, which ensures that no two proposal would appear to allow a 72. The Commission’s experience parties to a partitioning or partitionee in certain services to hold a with partitioning and disaggregation disaggregation arrangement will be license for the partitioned area without indicates that parties can, and required to build out more than 100 deploying facilities on the spectrum for sometimes do, manipulate the current percent of the requirement for any a significant period of time, even if the requirements in ways that result in particular geographic area or spectrum licensee must be able to certify that it is spectrum in some services lying fallow block. In addition, parties to providing service at renewal, or for long periods of time, contrary to the partitioning and disaggregation otherwise make a showing to justify Commission’s stated goal of maximizing arrangements are not required to license renewal. The Commission efficient spectrum use. For instance, continue construction in cases where concludes that the better way to under the current rules, parties have the original licensee has already promote service to rural markets is to been free to disaggregate a small sliver satisfied the requirement for the license ensure that all license holders—at least of a spectrum license over the entire term. However, to the extent that during the initial license term, and in geographic licensed area and assign the § 1.950(g), as revised, requires that circumstances where the original entire construction requirement to that partitionees and disaggregatees comply licensee has not previously satisfied the particular license. In that circumstance, with interim and final construction construction requirement for the entire only that small sliver of spectrum has benchmarks in addition to satisfying the geographic area or spectrum block— been subject to license termination or renewal requirements the Commission have, directly or indirectly, an forfeiture, while the bulk of the license adopts in this order, the Commission’s obligation to construct and operate has not been subject to any construction interest in preventing spectrum facilities on the spectrum. requirement. The Commission finds that warehousing that is permitted under 77. The Commission declines to adopt none of the comments effectively current rules outweighs the potential CTIA’s proposal that the Commission addresses the central rationale for added burden, if any, on these third- should exempt a licensee’s wholly proposing to modify the partitioning party licensees. owned subsidiaries or commonly and disaggregation performance 75. The Commission finds that the controlled affiliates when they partner requirements, i.e., preventing spectrum new rule adequately addresses with the licensee to divide the license. warehousing. The Commission therefore The Commission’s experience has 6 amends the partitioning and Specifically, in § 1.950(g), as revised herein, the shown that this type of intra-corporate Commission provides the parties to a partitioning family partitioning and disaggregation disaggregation rules to prevent spectrum and/or disaggregation arrangement with two warehousing. options for satisfying service-specific performance has proven particularly susceptible to requirements (i.e., construction and operation manipulation for spectrum warehousing 73. In lieu of requiring each party to requirements). Under the first option, each party purposes simply because the parties to a partitioning or disaggregation may individually satisfy any service-specific the division are commonly controlled. arrangement to certify that it will requirements and, upon failure, must individually face any service-specific performance penalties. Adoption of CTIA’s proposal risks independently satisfy service-specific Under the second option, both parties may agree to undermining rather than advancing the construction and/or performance share responsibility for any service-specific Commission’s objective of eliminating requirements, the Commission will requirements. Upon failure to meet their shared spectrum warehousing. Moreover, the afford such parties the additional option service-specific performance requirements, both parties will be subject to any service-specific addition of the new option to permit of sharing service-specific performance penalties. shared construction responsibility by a
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partitioner/partitionee or a prevent spectrum warehousing and Commission adopt § 1.950 largely as disaggregator/disaggregatee should ensure that future transactions facilitate proposed in the WRS Reform NPRM, largely address this concern. the availability of spectrum in the with the exception of § 1.950(g). The 78. The Commission does not adopt marketplace for licensees who are most Commission further concludes that the suggestions raised by MetroPCS and highly motivated to use it. By this adopting new § 1.950(g), as revised Verizon that the Commission exempt action, the Commission seeks to resolve herein, will most effectively balance its Broadband PCS from the proposed rule loopholes in the current partitioning competing obligations to: (1) remove based on the argument that the and disaggregation rules that could be potential barriers to entry by returning substantial service requirement at and have been manipulated to avoid the heretofore fallow spectrum to the renewal discourages parties to a very construction and substantial marketplace, and thereby increase partitioning arrangement from service obligations that promote competition; (2) encourage parties to use warehousing spectrum in the manner efficient spectrum use. However, the spectrum more efficiently; and (3) speed the Commission seeks to preclude. The Commission agrees that its rules should service to unserved and underserved Commission concludes that these not be applied retroactively to disrupt areas. licensees will be no worse off under a transactions that have already been D. Freeze on the Filing of Competing regulatory framework that holds all negotiated based on the pre-existing Renewal Applications and Resolution of licensees to comparable requirements. rules and submitted to the Commission Previously Pending Competing Renewal Many services still allow parties to a for approval. Specifically, § 1.950(g) will Applications partitioning or disaggregation be applied to partitioning and arrangement to assign the performance disaggregation arrangements reflected in 84. In the WRS Reform Order, the requirement to one of the parties and applications filed on or after the Commission imposed a freeze on the thereby allow the other to delay or avoid effective date of the new rule, and not filing of competing renewal applications construction in that party’s portion of to any arrangements reflected in an and held in abeyance the already-filed the license (whether geography or already granted application or in an competing renewal applications until spectrum) if they so choose. This application filed before the effective the conclusion of this proceeding. The problem exists in numerous services, date of new § 1.950(g). Commission stated that, if it were to even if some service rules may 81. The Commission makes no adopt the rules proposed in the WRS discourage so-called free riders. By this changes in response to AT&T’s Reform NPRM, it would ‘‘dismiss all Order, the Commission seeks to argument that new entrants will be pending mutually exclusive consolidate the services under a single discouraged from acquiring spectrum applications and related correspondence set of rules and proscribe spectrum through partitioning or disaggregation filed with the Commission regarding warehousing by all licensees in the when it is late in the original license those applications.’’ covered services, not just the few who term, and there is little time to fulfill the 85. At the time that the WRS Reform hold spectrum subject to service rules construction obligation. The Order was adopted, the Commission that more effectively prevent such Commission concludes that this concern had before it a total of 151 renewal warehousing. is related not to partitioning and applications in three different service 79. The Commission also declines to disaggregation rules, but to the current bands, and 178 applications competing adopt CTIA’s proposal to prohibit build out rules, which provide that the with those renewal applications. Most parties from assuming construction and performance requirements associated of those competing applications—175 of performance obligations for an entire with a license are not reduced or 178—were filed in the 2.3 GHz Band license area or spectrum block unless extended as a result of any secondary against WCS licensees. These competing they also hold spectrum covering a market transaction, including one near applications were dismissed by the majority of that same geographic area or the end of a license term. The rule Commission after the relevant parties spectrum block. CTIA does not provide modifications do not alter those reached settlement agreements. Of the evidence demonstrating why this obligations. remaining three competing applications, approach would be more effective at 82. Finally, the Commission does not two were against Cellular licensees’ preventing spectrum warehousing than address the suggestion by Sprint and renewal applications and one was the consistent approach envisioned by AT&T that licensees that have acquired against a Broadband PCS licensee’s the partitioning and disaggregation rules previously partitioned and/or renewal application. The two Cellular adopted today, nor does it acknowledge disaggregated licenses be allowed, as a competing applications have since been or address the potential administrative matter of processing, to consolidate the dismissed or resolved. The PCS burdens that would be placed on subdivided parts into the original competing application was withdrawn applicants and on Commission staff in license configuration. The Commission after the applicant obtained the addressing such arrangements. The finds this proposal to be beyond the underlying license at issue via the Commission believes that adoption of scope of this proceeding, which is license assignment process. CTIA’s proposal would provide greater narrowly focused on standardizing and 86. Because there are no remaining uncertainty in the spectrum marketplace clarifying the Commission’s partitioning pending competing renewal and would not consistently and and disaggregation rules across services. applications, there is no further action successfully prevent spectrum The question of whether, and how, a needed on the Commission’s part to warehousing. partitioned or disaggregated license can dismiss such applications. 80. The Commission also declines to be reconstituted as a matter or exempt existing partitioning and processing can be addressed by E. Transition From Interim Renewal disaggregation arrangements from Commission staff under current rules Application Procedures application of the requirements of and licensing systems. 87. The Commission directed § 1.950(g) as adopted today, and apply 83. Commenting parties in this incumbent licensees to continue to file the rule only prospectively and only to proceeding that addressed proposed timely renewal applications as required future partitioning and disaggregation § 1.950 focused solely on proposed by applicable Commission rules during arrangements. By adopting § 1.950(g) as § 1.950(g). Accordingly, based on the the pendency of this rulemaking. The revised, the Commission intends to record in this proceeding, the Commission further directed that
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renewal applications routinely should Commission previously approved the the Commission adopts should reduce continue to be placed on a Bureau withdrawal of the petition for filing burdens for all WRS licensees, accepted for filing public notice, and reconsideration filed by Green Flag whether large or small. Also, by that interested parties could continue to Wireless, LLC, CWC License Holding, ensuring, pursuant to the partitioning file petitions to deny consistent with the Inc., James McCotter, and NTCH–CA, and disaggregation rules and the rules. In order to reduce uncertainty that Inc., along with another petition for permanent discontinuance rules the might be caused by long-pending reconsideration filed by the same parties Commission adopts today, that valuable renewal applications, the Commission on October 22, 2010, pursuant to a spectrum will not lie fallow, these directed the Bureau to routinely grant settlement agreement. The WCAI policies will provide small entities with renewal applications during the petition for partial reconsideration was more opportunities to gain access to pendency of this proceeding, addressed by the WRS Reform valuable spectrum. In addition, the conditioned on the outcome of this Clarification Public Notice, (WT Docket Commission has described impacts that rulemaking. No. 10–112) on March 18, 2011, issued might affect small businesses, which 88. Notwithstanding the by the Bureau to clarify the conditional includes most businesses with fewer Commission’s statement in the WRS grant of applications for renewal of than 25 employees, in the Final Reform Order that interested parties license in the WRS Reform Order. Regulatory Flexibility Analysis (FRFA) may file petitions to deny consistent Subsequent to the release of the WRS in Appendix B of the Order. with the requirements of its rules, Reform Clarification Public Notice, B. Congressional Review Act NTCH, Inc., now asks that the CTIA, AT&T, Cricket, Rural Cellular Commission provide an opportunity for Association, Sprint, T-Mobile, US 94. The Commission will send a copy a potential applicant to challenge a Cellular, and Verizon Wireless filed a of this Order to Congress and the renewal applicant’s basic qualifications motion to withdraw their petition for Government Accountability Office at the close of this docket. NTCH asserts reconsideration. The Commission finds pursuant to the Congressional Review that providing this opportunity to file no reason to address the arguments in Act. In addition, the Commission will petitions to deny against conditionally the CTIA Petition and accordingly will send a copy of the Order, including the granted renewal applications is grant the request to withdraw the CTIA FRFA, to the Chief Counsel for necessary to avoid ‘‘permanently Petition. Advocacy of the SBA (5 U.S.C. 603(a)). abrogat[ing] the legal rights of parties 91. The Commission directs the C. Final Regulatory Flexibility Analysis interested in challenging the grant of a Bureau to take the necessary steps to 95. The Regulatory Flexibility Act of renewal application.’’ The Commission cease conditioning the grant of renewal 1980 (RFA) requires that an agency denies NTCH’s request that it open a applications on the outcome of this prepare a regulatory flexibility analysis window for the filing of petitions to proceeding. In addition, the for notice and comment rulemakings, deny against licensees whose renewal Commission directs the Bureau to take unless the agency certifies that ‘‘the rule applications have been conditionally the necessary steps to remove the will not, if promulgated, have a granted. The opportunity to file condition from already granted renewal significant economic impact on a petitions to deny against renewal applications or otherwise make clear on substantial number of small entities.’’ applications has been present the face of such licenses that such Accordingly, the Commission has throughout the pendency of this condition is no longer valid. proceeding, and NTCH has not offered prepared a FRFA, set forth in Appendix a persuasive legal or equitable argument II. Procedural Matters B of the Order, concerning the possible impact of the rule changes. in support of having a second shot at A. Paperwork Reduction Act Analysis these renewal applications. The D. Ex Parte Presentations Commission accordingly declines to 92. The Order contains modified open a window for the filing of petitions information collection requirements 96. This proceeding shall continue to to deny against renewal applications subject to the Paperwork Reduction Act be treated as ‘‘permit-but-disclose’’ that have been conditionally granted. of 1995 (PRA), Public Law 104–13. It proceeding in accordance with the 89. Petitions for reconsideration of the will be submitted to the Office of Commission’s ex parte rules. Persons actions taken by the WRS Reform Order Management and Budget (OMB) for making ex parte presentations must file were filed by: (1) Atlantic Tele-Network, review under § 3507(d) of the PRA. a copy of any written presentation or a Inc., in connection with its wholly OMB, the general public, and other memorandum summarizing any oral owned indirect subsidiary’s, Tisdale Federal agencies will be invited to presentation within two business days Telephone Company, LLC, competing comment on the modified information after the presentation (unless a different Cellular application with the Cellular collection requirements contained in deadline applicable to the Sunshine renewal application filed by Kankakee this proceeding. In addition, the period applies). Persons making oral ex Cellular L.L.C.; (2) CTIA, AT&T, Cricket, Commission notes that pursuant to the parte presentations are reminded that Rural Cellular Association, Sprint, T- Small Business Paperwork Relief Act of memoranda summarizing the Mobile, US Cellular, and Verizon 2002, Public Law 107–198, see 44 U.S.C. presentation must (1) list all persons Wireless; (3) Green Flag Wireless, LLC, 3506(c)(4), it previously sought specific attending or otherwise participating in CWC Licensing Holding, Inc., James comment on how it might further the meeting at which the ex parte McCotter, and NTCH–CA, Inc.; and (4) reduce the information collection presentation was made, and (2) Wireless Communications Association burden for small business concerns with summarize all data presented and International, Inc. (WCAI). fewer than 25 employees. arguments made during the 90. The Atlantic Tele-Network, Inc. 93. The Commission assessed the presentation. If the presentation petition has been mooted by the fact effects of the policies adopted in the consisted in whole or in part of the that Kankakee withdrew its renewal Order with regard to information presentation of data or arguments application for a Cellular license collection burdens on small business already reflected in the presenter’s authorization in the Kankakee, Illinois concerns, and found that these policies written comments, memoranda or other market, and Tisdale was granted a will benefit many companies with fewer filings in the proceeding, the presenter Cellular license for that market. The than 25 employees because the revisions may provide citations to such data or
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arguments in his or her prior comments, and approval of § 1.949, on the effective PART 1—PRACTICE AND memoranda, or other filings (specifying date specified in a notice that the PROCEDURE the relevant page and/or paragraph Commission will have published in the numbers where such data or arguments Federal Register announcing such ■ 1. The authority citation for part 1 is can be found) in lieu of summarizing approval and effective date. revised to read as follows: them in the memorandum. Documents 102. It is further ordered that the Authority: 47 U.S.C. 151, 154(i), 154(j), shown or given to Commission staff amendments adopted in this second 155, 157, 160, 201, 225, 227, 303, 309, 310, during ex parte meetings are deemed to report and order, and to §§ 22.317, 332, 1403, 1404, 1451, 1452, and 1455. be written ex parte presentations and 22.947, 27.17, 30.106, 74.632, 90.157, ■ 2. Amend § 1.907 by adding the must be filed consistent with rule 90.631, and 101.65, will become definitions of ‘‘Covered Geographic 1.1206(b). In proceedings governed by effective after OMB review and approval Licenses’’ and ‘‘Covered Site-based rule 1.49(f) or for which the of § 1.953, on the effective date specified Licenses’’ in alphabetical order to read Commission has made available a in a notice that the Commission will as follows: method of electronic filing, written ex have published in the Federal Register parte presentations and memoranda announcing such approval and effective § 1.907 Definitions. summarizing oral ex parte date. * * * * * presentations, and all attachments 103. It is further ordered that, Covered Geographic Licenses. thereto, must be filed through the Covered geographic licenses consist of Commission’s Electronic Comment pursuant to sections 4(i) and 405 of the Communications Act of 1934, 47 U.S.C. the following services: 1.4 GHz Service Filing System (ECFS) available for that (part 27, subpart I of this chapter); 1.6 proceeding, and must be filed in their 154(i), 405, and § 1.106 of the Commission’s rules, 47 CFR 1.106, the GHz Service (part 27, subpart J); 24 GHz native format (e.g., .doc, .xml, .ppt, Service and Digital Electronic Message searchable .pdf). Participants in this Motion of CTIA—The Wireless Association®, AT&T Services, Inc., Services (part 101, subpart G); 218–219 proceeding should familiarize MHz Service (part 95, subpart F); 220– themselves with the Commission’s ex Cricket Communications, Inc., Rural Cellular Association, Sprint Nextel 222 MHz Service, excluding public parte rules. safety licenses (part 90, subpart T); 600 97. People with Disabilities. To Corporation, T-Mobile USA, United MHz Service (part 27, subpart N); 700 request materials in accessible formats States Cellular Corporation and Verizon MHz Commercial Services (part 27, for people with disabilities (braille, Wireless To Withdraw Petition for large print, electronic files, audio Reconsideration, filed May 31, 2011, to subparts F and H); 700 MHz Guard Band format), send an email to [email protected] withdraw their Petition for Service (part 27, subpart G); 800 MHz or call the Consumer & Governmental Reconsideration, filed Aug. 6, 2010, is Specialized Mobile Radio Service (part Affairs Bureau at 202–418–0530 (voice), granted. 90, subpart S); 900 MHz Specialized 202–418–0432 (tty). Mobile Radio Service (part 90, subpart 104. It is further ordered that, S); Advanced Wireless Services (part 27, III. Ordering Clauses pursuant to section 801(a)(1)(A) of the subparts K and L); Air-Ground Congressional Review Act, 5 U.S.C. 98. Accordingly, it is ordered, Radiotelephone Service (Commercial 801(a)(1)(A), the Commission shall send pursuant to sections 1, 2, 4(i), 4(j), 7, Aviation) (part 22, subpart G); a copy of the second report and order 301, 303, 307, 308, 309, 310, and 332 of Broadband Personal Communications to Congress and to the Government the Communications Act of 1934, as Service (part 24, subpart E); Broadband Accountability Office. amended, 47 U.S.C. 151, 152, 154(i), Radio Service (part 27, subpart M); 154(j), 157, 301, 303, 307, 308, 309, 310, 105. It is further ordered that the Cellular Radiotelephone Service (part 332, that this second report and order in Commission’s Consumer and 22, subpart H); Dedicated Short Range WT Docket No. 10–112 is adopted. Governmental Affairs Bureau, Reference Communications Service, excluding 99. It is further ordered that parts 1, Information Center, shall send a copy of public safety licenses (part 90, subpart 22, 24, 27, 30, 74, 80, 90, 95, and 101 the second report and order, including M); H Block Service (part 27, subpart K); of the Commission’s rules, 47 CFR parts the Initial Regulatory Flexibility Local Multipoint Distribution Service 1, 22, 24, 27, 30, 74, 80, 90, 95, and 101, Analysis and the Final Regulatory (part 101, subpart L); Multichannel are amended, effective October 2, 2017 Flexibility Analysis, to the Chief Video Distribution and Data Service except as otherwise provided herein. Counsel for Advocacy of the Small (part 101, subpart P); Multilateration 100. It is further ordered that the Business Administration. Location and Monitoring Service (part amendments adopted in this second 90, subpart M); Multiple Address List of Subjects in 47 CFR Parts 1, 22, report and order, and to §§ 1.949, 1.950, Systems (EAs) (part 101, subpart O); 24, 27, 30, 74, 80, 90, 95, and 101 and 1.953, which contain new or Narrowband Personal Communications modified information collection Communications common carriers, Service (part 24, subpart D); Paging and requirements that require review by the Radio, Reporting and recordkeeping Radiotelephone Service (part 22, Office of Management and Budget requirements. subpart E; part 90, subpart P); VHF (OMB) under the Paperwork Reduction Public Coast Stations, including Act, will become effective after OMB Federal Communications Commission. Automated Maritime review and approval, on the effective Katura Jackson, Telecommunications Systems (part 80, date specified in a notice that the Federal Register Liaison Officer, Office of the subpart J); Upper Microwave Flexible Commission will have published in the Secretary. Use Service (part 30); and Wireless Federal Register announcing such Final Rules Communications Service (part 27, approval and effective date. subpart D). 101. It is further ordered that the For the reasons discussed in the Covered Site-based Licenses. Covered amendments adopted in this second preamble, the Federal Communications site-based licenses consist of the report and order, and to paragraphs (e), Commission amends 47 CFR parts 1, 22, following services: 220–222 MHz (q)(7), (r)(6), (s)(6), and (t)(6) of § 27.14, 24, 27, 30, 74, 80, 90, 95, and 101 as Service (site-based), excluding public will become effective after OMB review follows: safety licenses (part 90, subpart T of this
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chapter); 800/900 MHz (SMR and additional information. Such dismissal (1) Covered Site-based Licenses. (i) Business and Industrial Land may be with prejudice in cases of non- The applicant must certify that it is Transportation Pool) (part 90, subpart compliance with § 1.945. The continuing to operate consistent with its S); Aeronautical Advisory Stations Commission may dismiss applications most recently filed construction (Unicoms) (part 87, subpart G); Air- with prejudice for failure of the notification (or most recent Ground Radiotelephone Service applicant to comply with requirements authorization, when no construction (General Aviation) (part 22, subpart G); related to a competitive bidding process. notification is required). Alaska-Public Fixed Stations (part 80, * * * * * (ii) The applicant must certify that no permanent discontinuance of service subpart O); Broadcast Auxiliary Service ■ 4. Revise § 1.949 to read as follows: (part 74, subparts D, E, F, and H); occurred during the license term. This Common Carrier Fixed Point-to-Point, § 1.949 Application for renewal of safe harbor may be used by any Covered Microwave Service (part 101, subpart I); authorization. Site-based License. Industrial/Business Radio Pool (part 90, (a) Filing requirements. Applications (2) Geographic licenses—commercial subpart C); Local Television for renewal of authorizations in the service. (i) For an applicant in its initial Transmission Service (part 101, subpart Wireless Radio Services must be filed license term with an interim J); Multiple Address Systems (site- no later than the expiration date of the performance requirement, the applicant based), excluding public safety licenses authorization, and no sooner than 90 must certify that it has met its interim performance requirement and that over (part 101, subpart H); Non- days prior to the expiration date. the portion of the license term following Multilateration Location and Monitoring Renewal applications must be filed on the interim performance requirement, Service (part 90, subpart M); Offshore the same form as applications for initial the applicant continues to use its Radiotelephone Service (part 22, authorization in the same service, i.e., facilities to provide at least the level of subpart I); Paging and Radiotelephone FCC Form 601 or 605. service required by its interim Service (site-based) (part 22, subpart E); (b) Common expiration date. performance requirement; and the Private Carrier Paging (part 90, subpart Licensees with multiple authorizations P); Private Operational Fixed Point-to- licensee has met its final performance in the same service may request a requirement and continues to use its Point Microwave Service, excluding common date on which such public safety licenses (part 101, subpart facilities to provide at least the level of authorizations expire for renewal service required by its final performance H); Public Coast Stations (site-based) purposes. License terms may be (part 80, subpart J); Radiodetermination requirement through the end of the shortened by up to one year but will not license term. For an applicant in its Service Stations (Radionavigation Land be extended. Stations) (part 87, subpart Q); initial license term with no interim (c) Implementation. Covered Site- performance requirement, the applicant Radiolocation Service (part 90, subpart based Licenses, except Common Carrier must certify that it has met its final F); and Rural Radiotelephone Service Fixed Point-to-Point Microwave Service performance requirement and continues (including Basic Exchange Telephone (part 101, subpart I of this chapter), and to use its facilities to provide at least the Radio Service) (part 22, subpart F). Covered Geographic Licenses in the 600 level of service required by its final * * * * * MHz Service (part 27, subpart N); 700 performance requirement through the ■ 3. Amend § 1.934 by: MHz Commercial Services (part 27, end of the license term. For an applicant ■ a. Revising paragraphs (a)(1)(ii); subpart F); Advanced Wireless Services in any subsequent license term, the ■ b. Removing paragraph (a)(3); and (part 27, subpart L) (AWS–3 (1695–1710 applicant must certify that it continues ■ c. Revising paragraphs (b) and (c). MHz, 1755–1780 MHz, and 2155–2180 to use its facilities to provide at least the The revisions read as follows: MHz) and AWS–4 (2000–2020 MHz and level of service required by its final 2180–2200 MHz) only); and H Block performance requirement through the § 1.934 Defective applications and Service (part 27, subpart K) must dismissal. end of any subsequent license terms. comply with paragraphs (d) through (h) (ii) The applicant must certify that no * * * * * of this section. All other Covered permanent discontinuance of service (a) * * * Geographic Licenses must comply with occurred during the license term. This (1) * * * paragraphs (d) through (h) of this safe harbor may be used by any Covered (ii) If the applicant requests dismissal section beginning on January 1, 2023. Geographic License. of its application without prejudice, the Common Carrier Fixed Point-to-Point (3) Geographic licenses—private Commission will dismiss that Microwave Service (part 101, subpart I) systems. (i) For an applicant in its initial application without prejudice, unless it must comply with paragraphs (d) license term with an interim is an application for which the through (h) of this section beginning on performance requirement, the applicant applicant submitted the winning bid in October 1, 2018. must certify that it has met its interim a competitive bidding process. (d) Renewal Standard. An applicant performance requirement and that over * * * * * for renewal of an authorization of a the portion of the license term following (b) Dismissal of mutually exclusive Covered Site-based License or a Covered the interim performance requirement, applications not granted. The Geographic License must demonstrate the applicant continues to use its Commission may dismiss mutually that over the course of the license term, facilities to further the applicant’s exclusive applications for which the the licensee(s) provided and continue to private business or public interest/ applicant did not submit the winning provide service to the public, or public safety needs at or above the level bid in a competitive bidding process. operated and continue to operate the required to meet its interim performance (c) Dismissal for failure to prosecute. license to meet the licensee(s)’ private, requirement; and the applicant has met The Commission may dismiss internal communications needs. its final performance requirement and applications for failure of the applicant (e) Safe harbors. An applicant for continues to use its facilities to provide to prosecute or for failure of the renewal will meet the Renewal Standard at least the level of operation required applicant to respond substantially if it can certify that it has satisfied the by its final performance requirement within a specified time period to official requirements of one of the following through the end of the license term. For correspondence or requests for safe harbors: an applicant in its initial license term
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with no interim performance of an authorization in the Wireless http://www.itl.nist.gov/fipspubs/ requirement, the applicant must certify Radio Services identified in paragraph index.htm. that it has met its final performance (d) of this section must make a (2) Geographic partitioning. requirement and continues to use its Regulatory Compliance Certification Geographic partitioning is the facilities to provide at least the level of certifying that it has substantially assignment of a geographic portion of a operation required by its final complied with all applicable FCC rules, geographic area licensee’s license area. performance requirement through the policies, and the Communications Act (3) Spectrum disaggregation. end of the license term. For an applicant of 1934, as amended. Spectrum disaggregation is the in any subsequent license term, the (h) Consequences of denial. If the assignment of portions of blocks of a applicant must certify that it continues Commission, or the Wireless geographic area licensee’s spectrum. to use its facilities to further the Telecommunications Bureau acting (b) Eligibility. Covered Geographic applicant’s private business or public under delegated authority, finds that a Licenses are eligible for geographic interest/public safety needs at or above licensee has not met the Renewal partitioning and spectrum the level required to meet its final Standard under paragraph (d) of this disaggregation. performance requirement. section, or that its Regulatory (1) Geographic partitioning. An (ii) The applicant must certify that no Compliance Certification under eligible licensee may partition any permanent discontinuance of operation paragraph (g) of this section is geographic portion of its license area, at occurred during the license term. This insufficient, its renewal application will any time following grant of its license, safe harbor may be used by any Covered be denied, and its licensed spectrum subject to the following exceptions: Geographic License. will return automatically to the (i) 220 MHz Service licensees must (4) Partitioned or disaggregated Commission for reassignment (by comply with § 90.1019 of this chapter. (ii) Cellular Radiotelephone Service license without a performance auction or other mechanism). In the case licensees must comply with § 22.948 of requirement. (i) The applicant must of certain services licensed site-by-site, this chapter. certify that it continues to use its the spectrum will revert automatically (iii) Multichannel Video & facilities to provide service or to further to the holder of the related overlay Distribution and Data Service licensees the applicant’s private business or geographic-area license. To the extent are only permitted to partition licensed public interest/public safety needs. that an AWS–4 licensee also holds the geographic areas along county borders (ii) The applicant must certify that no 2 GHz Mobile Satellite Service (MSS) (Parishes in Louisiana or Territories in permanent discontinuance of service rights for the affected license area, the Alaska). occurred during the license term. This MSS protection rule in § 27.1136 of this safe harbor may be used by any Covered (2) Spectrum disaggregation. An chapter will no longer apply in that eligible licensee may disaggregate Geographic License. license area. (f) Renewal Showing. If an applicant spectrum in any amount, at any time for renewal cannot meet the Renewal ■ 5. Add § 1.950 to read as follows: following grant of its license to eligible entities, subject to the following Standard in paragraph (d) of this section § 1.950 Geographic partitioning and by satisfying the requirements of one of spectrum disaggregation. exceptions: the safe harbors in paragraph (e) of this (i) 220 MHz Service licensees must (a) Definitions. The terms ‘‘county and section, it must make a Renewal comply with § 90.1019 of this chapter. county equivalent,’’ ‘‘geographic Showing, independent of its (ii) Cellular Radiotelephone Service partitioning,’’ and ‘‘spectrum performance requirements, as a licensees must comply with § 22.948 of disaggregation’’ as used in this section condition of renewal. The Renewal this chapter. are defined as follows: Showing must specifically address the (iii) VHF Public Coast (156–162 MHz) (1) County and county equivalent. The Renewal Standard by including a spectrum may only be disaggregated in terms county and county equivalent as detailed description of the applicant’s frequency pairs, except that the ship used in this part are defined by Federal provision of service (or, when allowed and coast transmit frequencies Information Processing Standards (FIPS) under the relevant service rules or comprising Channel 87 (see § 80.371(c) 6–4, which provides the names and pursuant to waiver, use of the spectrum of this chapter) may be disaggregated codes that represent the counties and for private, internal communication) separately. other entities treated as equivalent legal during the entire license period and (iv) Disaggregation is not permitted in and/or statistical subdivisions of the 50 address, as applicable: the Multichannel Video & Distribution (1) The level and quality of service States, the District of Columbia, and the and Data Service 12.2–12.7 GHz band. provided by the applicant (e.g., the possessions and freely associated areas (c) Filing requirements. Parties population served, the area served, the of the United States. Counties are the seeking approval for geographic number of subscribers, the services ‘‘first-order subdivisions’’ of each State partitioning, spectrum disaggregation, or offered); and statistically equivalent entity, a combination of both must apply for a (2) The date service commenced, regardless of their local designations partial assignment of authorization by whether service was ever interrupted, (county, parish, borough, etc.). Thus, the filing FCC Form 603 pursuant to § 1.948. and the duration of any interruption or following entities are equivalent to Each request for geographic partitioning outage; counties for legal and/or statistical must include an attachment defining the (3) The extent to which service is purposes: The parishes of Louisiana; the perimeter of the partitioned area by provided to rural areas; boroughs and census areas of Alaska; geographic coordinates to the nearest (4) The extent to which service is the District of Columbia; the second of latitude and longitude, based provided to qualifying tribal land as independent cities of Maryland, upon the 1983 North American Datum defined in § 1.2110(e)(3)(i) of this Missouri, Nevada, and Virginia; that (NAD83). Alternatively, applicants may chapter; and part of Yellowstone National Park in specify an FCC-recognized service area (5) Any other factors associated with Montana; and various entities in the (e.g., Basic Trading Area, Economic the level of service to the public. possessions and associated areas. The Area, Major Trading Area, Metropolitan (g) Regulatory Compliance FIPS codes and FIPS code Service Area, or Rural Service Area), Certification. An applicant for renewal documentation are available online at county, or county equivalent, in which
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case, applicants need only list the the date it is required to be providing § 1.955 Termination of authorizations. specific FCC-recognized service area, service or operating. * * * * * county, or county equivalent names (b) 180-day Rule for Geographic (a) * * * comprising the partitioned area. Licenses. Permanent discontinuance of (3) Service discontinued. (d) Relocation of incumbent licensees. service or operations for Covered Authorizations automatically terminate, Applicants for geographic partitioning, Geographic Licenses is defined as 180 without specific Commission action, if spectrum disaggregation, or a consecutive days during which a service or operations are permanently combination of both must, if applicable, licensee does not operate or, in the case discontinued. See § 1.953. include a certification with their partial of commercial mobile radio service * * * * * assignment of authorization application providers, does not provide service to at stating which party will meet any least one subscriber that is not affiliated PART 22—PUBLIC MOBILE SERVICES incumbent relocation requirements, with, controlled by, or related to the except as otherwise stated in service- licensee. ■ 8. The authority citation for part 22 specific rules. (c) 365-day Rule for Site-based continues to read as follows: Licenses. Permanent discontinuance of (e) License term. The license term for Authority: 47 U.S.C. 154, 222, 303, 309 and a partitioned license area or service or operations for Covered Site- 332. disaggregated spectrum license is the based Licenses is defined as 365 § 22.131 [Amended] remainder of the original licensee’s consecutive days during which a license term. licensee does not operate or, in the case ■ 9. Amend § 22.131 as follows: of commercial mobile radio service ■ (f) Frequency coordination. Any a. Remove paragraph (b)(1); providers, does not provide service to at ■ existing frequency coordination b. Redesignate paragraphs (b)(2) least one subscriber that is not affiliated agreements convey with the partial through (4) as paragraphs (b)(1) through with, controlled by, or related to the assignment of authorization for (3); providing carrier. ■ geographic partitioning, spectrum c. Remove paragraph (c)(3)(i); (d) 365-day Rule for public safety ■ d. Redesignate paragraphs (c)(3)(ii) disaggregation, or a combination of licenses. Permanent discontinuance of both, and shall remain in effect for the and (iii) as paragraphs (c)(3)(i) and (ii); operations is defined as 365 consecutive ■ term of the agreement unless new e. Remove paragraph (c)(4)(i); and days during which a licensee does not ■ f. Redesignate paragraphs (c)(4)(ii) agreements are reached. operate. This 365-day rule applies to (g) Performance requirements. Parties through (iv) as paragraphs (c)(4)(i) public safety licenses issued based on through (iii). to geographic partitioning, spectrum the applicant demonstrating eligibility disaggregation, or a combination of under § 90.20 or § 90.529 of this chapter, § 22.317 [Removed] both, have two options to satisfy or public safety licenses issued in ■ 10. Remove § 22.317. service-specific performance conjunction with a waiver pursuant to requirements (i.e., construction and section 337 of the Communications Act. § 22.513 [Amended] operation requirements). Under the first (e) Channel keepers. Operation of ■ option, each party may certify that it 11. Amend § 22.513 by removing channel keepers (devices that transmit paragraphs (f) and (g). will individually satisfy any service- test signals, tones, color bars, or some specific requirements and, upon failure, combination of these, for example) does § 22.947 [Removed] must individually face any service- not constitute operation or service for ■ 12. Remove § 22.947. specific performance penalties. Under the purposes of this section. the second option, both parties may (f) Filing requirements. A licensee that PART 24—PERSONAL agree to share responsibility for any permanently discontinues service as COMMUNICATIONS SERVICES service-specific requirements. Upon defined in this section must notify the failure to meet their shared service- Commission of the discontinuance ■ 13. The authority citation for part 24 specific performance requirements, both within 10 days by filing FCC Form 601 continues to read as follows: parties will be subject to any service- or 605 requesting license cancellation. Authority: 47 U.S.C. 154, 301, 302, 303, specific penalties. An authorization will automatically 309 and 332. (h) Unjust enrichment. Licensees terminate, without specific Commission making installment payments or that action, if service or operations are § 24.16 [Removed] received a bidding credit, that partition permanently discontinued as defined in ■ 14. Remove § 24.16. their licenses or disaggregate their this section, even if a licensee fails to spectrum to entities that do not meet the file the required form requesting license § 24.104 [Amended] eligibility standards for installment cancellation. ■ 15. Amend § 24.104 by removing payments or bidding credits, are subject (g) Extension request. A licensee may paragraphs (f) and (g). to the unjust enrichment requirements file a request for a longer of § 1.2111. discontinuance period for good cause. § 24.714 [Amended] ■ 6. Add § 1.953 to read as follows: An extension request must be filed at ■ 16. Amend § 24.714 by removing least 30 days before the end of the paragraph (e). § 1.953 Discontinuance of service or applicable 180-day or 365-day operations. discontinuance period. The filing of an PART 27—MISCELLANEOUS (a) Termination of authorization. A extension request will automatically WIRELESS COMMUNICATIONS licensee’s authorization will extend the discontinuance period a SERVICES automatically terminate, without minimum of the later of an additional specific Commission action, if the 30 days or the date upon which the ■ 17. The authority citation for part 27 licensee permanently discontinues Wireless Telecommunications Bureau continues to read as follows: service or operations under the license acts on the request. Authority: 47 U.S.C. 154, 301, 302a, 303, during the license term. A licensee is ■ 7. Amend § 1.955 by revising 307, 309, 332, 336, 337, 1403, 1404, 1451, subject to this provision commencing on paragraph (a)(3) to read as follows: and 1452, unless otherwise noted.
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■ a. Revising the section heading; based AMTS, or nationwide or multi- RSUs located within the licensed ■ b. Removing and reserving paragraphs region LF, MF, and HF public coast geographic area described in paragraph (b) through (f); and licensee will be required to construct (a) of this section. Licensees must ■ c. Removing paragraphs (q)(7), (r)(6), and commence ‘‘service to subscribers’’ register each RSU in the Universal (s)(6), and (t)(6). in all facilities acquired through such Licensing System (ULS) before The revision reads as follows: transactions within the original operating such RSU. RSU registrations construction deadline for each facility are subject, inter alia, to the § 27.14 Construction requirements. as set forth in § 80.49. Failure to meet requirements of § 1.923 of this chapter * * * * * the individual construction deadline as applicable (antenna structure § 27.15 [Amended] will result in the automatic termination registration, environmental concerns, of the facility’s authorization. international coordination, and quiet ■ 19. Amend § 27.15 by removing zones). Additionally, RSUs at locations paragraph (d). PART 90—PRIVATE LAND MOBILE subject to NTIA coordination (see RADIO SERVICES § 27.17 [Removed] § 90.371(b)) may not begin operation until NTIA approval is received. ■ 20. Remove § 27.17. ■ 28. The authority citation for part 90 Registrations are not effective until the continues to read as follows: Commission posts them on the ULS. It PART 30—UPPER MICROWAVE Authority: Sections 4(i), 11, 303(g), 303(r), is the DSRCS licensee’s responsibility to FLEXIBLE USE SERVICE and 332(c)(7) of the Communications Act of delete from the registration database any 1934, as amended, 47 U.S.C. 154(i), 161, ■ 21. The authority citation for part 30 RSUs that have been discontinued. 303(g), 303(r), and 332(c)(7), and Title VI of * * * * * continues to read as follows: the Middle Class Tax Relief and Job Creation ■ Authority: 47 U.S.C. 151, 152, 153, 154, Act of 2012, Public Law 112–96, 126 Stat. 33. Amend § 90.631 by revising 301, 303, 304, 307, 309, 310, 316, 332, 1302. 156. paragraph (f) to read as follows: § 30.105 [Amended] § 90.157 [Removed] § 90.631 Trunked systems loading, construction and authorization ■ 22. Amend § 30.105 by removing ■ 29. Remove § 90.157. requirements. paragraph (d). ■ 30. Amend § 90.165 by: * * * * * ■ a. Removing paragraph (b)(1); § 30.106 [Removed] (f) If a station is not placed in ■ b. Redesignating paragraphs (b)(2) permanent operation, in accordance ■ 23. Remove § 30.106. through (4) as paragraphs (b)(1) through with the technical parameters of the (3); station authorization, within one year, PART 74—EXPERIMENTAL RADIO, ■ c. Removing paragraph (c)(3)(i); except as provided in § 90.629, its AUXILIARY, SPECIAL BROADCAST ■ d. Redesignating paragraphs (c)(3)(ii) license cancels automatically. For AND OTHER PROGRAM and (iii) as paragraphs (c)(3)(i) and (ii); purposes of this section, a base station DISTRIBUTIONAL SERVICES ■ e. Revising newly redesignated is not considered to be placed in paragraph (c)(3)(ii); ■ 24. The authority citation for part 74 operation unless at least two associated ■ f. Removing paragraph (c)(4)(i); and mobile stations, or one control station continues to read as follows: ■ g. Redesignating paragraphs (c)(4)(ii) and one mobile station, are also placed Authority: 47 U.S.C. 154, 302a, 303, 307, through (iv) as paragraphs (c)(4)(i) in operation. 309, 310, 336 and 554. through (iii). * * * * * § 74.632 [Amended] The revision reads as follows: ■ 34. Amend § 90.685 by revising ■ 25. Amend § 74.632 by removing § 90.165 Procedures for mutually paragraph (a) to read as follows: exclusive applications. paragraph (g). § 90.685 Authorization, construction and * * * * * implementation of EA licenses. PART 80—STATIONS IN THE (c) * * * (a) EA licenses in the 809–824/854– MARITIME SERVICES (3) * * * 869 MHz band will be issued for a term ■ (ii) If any mutually exclusive not to exceed ten years. 26. The authority citation for part 80 application filed on the earliest filing continues to read as follows: * * * * * date is an application for modification, ■ Authority: Secs. 4, 303, 307(e), 309, and a same-day filing group is used. 35. Revise § 90.743 to read as follows: 332, 48 Stat. 1066, 1082, as amended; 47 * * * * * § 90.743 Renewal requirements. U.S.C. 154, 303, 307(e), 309, and 332, unless Until January 1, 2023, all licensees otherwise noted. Interpret or apply 48 Stat. § 90.365 [Amended] 1064–1068, 1081–1105, as amended; 47 seeking renewal of their authorizations U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST ■ 31. Amend § 90.365 by removing at the end of their license term must file 4726, 12 UST 2377. paragraph (d). a renewal application in accordance ■ 27. Amend § 80.60 by revising ■ 32. Amend § 90.375 by revising with the provisions of § 1.949 of this paragraph (d) to read as follows: paragraph (b) to read as follows: chapter. Licensees must demonstrate, in their application, that: § 80.60 Partitioned licenses and § 90.375 RSU license areas, (a) They have provided ‘‘substantial’’ disaggregated spectrum. communication zones and registrations. service during their past license term. * * * * * * * * * * ‘‘Substantial’’ service is defined in this (d) Partitioning and disaggregation (b) Applicants who are approved in rule as service that is sound, favorable, construction requirements for site-based accordance with FCC Form 601 will be and substantially above a level of AMTS, and nationwide or multi-region granted non-exclusive licenses for all mediocre service that just might LF, MF, and HF public coast. Parties non-reserved DSRCS frequencies (see minimally warrant renewal; and seeking to acquire a partitioned license § 90.377). Such licenses serve as a (b) They have substantially complied or disaggregated spectrum from a site- prerequisite of registering individual with applicable FCC rules, policies, and
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the Communications Act of 1934, as operational for a period of 30 days or compliance with the respective amended. more. A licensee is subject to this construction requirements within the provision commencing on the date it is appropriate construction benchmarks § 90.813 [Amended] required to be providing service or set forth in § 101.1325. ■ 36. Amend § 90.813 by removing operating under § 101.63. This provision * * * * * paragraph (e). is inapplicable to blanket authorizations to operate fixed stations at temporary § 101.1327 [Removed] § 90.816 [Removed] locations pursuant to the provisions of ■ 51. Remove § 101.1327. ■ 37. Remove § 90.816. § 101.31(a)(2). See § 101.305 for ■ 52. Amend § 101.1413 by revising the additional rules regarding temporary § 90.911 [Amended] section heading, paragraph (b) and permanent discontinuation of introductory text, and paragraph (c) to ■ 38. Amend § 90.911 by removing service. read as follows: paragraphs (e) and redesignating ■ 45. Amend § 101.527 by revising paragraph (f) as (e). paragraph (a) and paragraph (b) § 101.1413 License term and construction requirements. § 90.1019 [Amended] introductory text to read as follows: * * * * * ■ 39. Amend § 90.1019 by removing § 101.527 Construction requirements for (b) As a construction requirement, paragraph (d). 24 GHz operations. MVDDS licensees must make a showing (a) Each licensee must make a of substantial service at the end of five PART 95—PERSONAL RADIO showing of ‘‘substantial service’’ within years into the license period and ten SERVICES ten years of its license grant. years into the license period. The ‘‘Substantial service’’ is a service which ■ 40. The authority citation for part 95 substantial service requirement is is sound, favorable, and substantially continues to read as follows: defined as a service that is sound, above a level of mediocre service which favorable, and substantially above a Authority: 47 U.S.C. 154, 301, 302(a), 303, just might minimally warrant renewal level of mediocre service which might and 307(e). during its past license term. Until minimally warrant renewal. At the end § 95.1923 [Amended] January 1, 2023, ‘‘substantial service’’ of five years into the license term and assessment will be made at renewal ■ ten years into the license period, the 41. Amend § 95.1923 by removing pursuant to the provisions and paragraph (d). Commission will consider factors such procedures set forth in § 1.949 of this as: ■ 42. Amend § 95.1933 by revising chapter. * * * * * paragraph (a) and paragraph (b) (b) Until January 1, 2023, each introductory text to read as follows: (c) The renewal application of an licensee must, at a minimum file: MVDDS licensee is governed by § 1.949 § 95.1933 Construction requirements. * * * * * of this chapter. (a) Each 218–219 MHz Service § 101.529 [Removed] § 101.1415 [Amended] licensee must make a showing of ■ 46. Remove § 101.529. ‘‘substantial service’’ within ten years of ■ 53. Amend § 101.1415 by removing the license grant. Until January 1, 2023, § 101.535 [Amended] paragraph (f). ‘‘substantial service’’ assessment will be ■ 54. Amend § 101.1513 by revising the ■ 47. Amend § 101.535 by removing made at renewal pursuant to the section heading to read as follows: paragraph (d). provisions and procedures contained in ■ § 1.949 of this chapter. 48. Revise § 101.1011 to read as § 101.1513 License term. (b) Until January 1, 2023, each 218– follows: * * * * * [FR Doc. 2017–18501 Filed 8–31–17; 8:45 am] 219 MHz Service licensee must file a § 101.1011 Construction requirements. BILLING CODE 6712–01–P report to be submitted to inform the LMDS licensees must make a showing Commission of the service status of its of ‘‘substantial service’’ in their license system. The report must be labeled as an area within ten years of being licensed. exhibit to the renewal application. At FEDERAL COMMUNICATIONS ‘‘Substantial’’ service is defined as COMMISSION minimum, the report must include: service which is sound, favorable, and * * * * * substantially above a level of mediocre 47 CFR Part 2, 15, 74, 87, and 90 service which might minimally warrant PART 101—FIXED MICROWAVE [GN Docket Nos. 14–166, 12–268, ET Docket renewal. Failure by any licensee to meet No. 14–165; FCC 17–95] SERVICES this requirement will result in forfeiture ■ 43. The authority citation for part 101 of the license and the licensee will be Promoting Spectrum Access for continues to read as follows: ineligible to regain it. Wireless Microphone Operations Authority: 47 U.S.C. 154, 303. § 101.1111 [Amended] AGENCY: Federal Communications ■ 44. Revise § 101.65 to read as follows: ■ 49. Amend § 101.1111 by removing Commission. paragraph (e). ACTION: Final rule. § 101.65 Termination of station ■ 50. Amend § 101.1323 by revising authorizations. paragraph (c) to read as follows: SUMMARY: In this document, the In addition to the provisions of Commission addresses several petitions § 1.953 of this chapter, a site-based § 101.1323 Spectrum aggregation, for reconsideration regarding recent license will be automatically terminated disaggregation, and partitioning. decisions regarding wireless in whole or in part without further * * * * * microphones. Specifically, the notice to the licensee upon the (c) Construction requirements. Commission makes technical revisions voluntary removal or alteration of the Responsible parties must submit to the spurious emission limits that it facilities, so as to render the station not supporting documents showing had adopted for licensed wireless
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microphone operations in several Microphones R&O, 80 FR 71702, licensed wireless microphones that frequency bands, and for unlicensed November 17, 2015, concerning licensed operate pursuant to the Commission’s wireless microphone operations in the wireless microphone operations in the part 74 LPAS rules in the TV bands and TV bands and in the 600 MHz guard TV bands, the 600 MHz ‘‘duplex gap,’’ the 600 MHz duplex gap, as well as in band and duplex gap. The Commission and several other frequency bands; as several other frequency bands (i.e., the also clarifies output power well as three petitions for 941.5–944 MHz band, 944–952 MHz measurements and how certain antenna- reconsideration of the TV Bands Part 15 band, portions of the 952–960 MHz related part 15 rules apply with respect R&O, 80 FR 73043, November 23, 2015, band, the 1435–1525 MHz band, and to unlicensed wireless microphones, concerning unlicensed wireless portions of the 6875–7125 MHz band) and revises and clarifies requirements microphone operations in the TV bands, and to unlicensed wireless microphone for existing and legacy unlicensed the 600 MHz guard bands and duplex operations in the TV bands and the 600 wireless microphones during and after gap, and the 600 MHz service band. MHz guard band and duplex gap. The the post-incentive auction transition These petitions involved several Commission then discussed issues that period. This action promotes the overlapping technical and operational pertain to rules adopted for licensed and Commission’s goal of accommodating issues concerning wireless unlicensed wireless microphone wireless microphone users’ needs microphones, the Commission operations in the TV bands and the 600 through access to spectrum resources consolidated them in this one order. MHz guard band and duplex gap. following the incentive auction and 2. Specifically, the Order on Specifically, these include: (1) The reconfiguration of the TV bands. Reconsideration makes technical output power measurement for licensed DATES: Effective October 2, 2017, except revisions to the spurious emission limits wireless microphone operations in the for amendments to §§ 74.803(c) and (d), that the Commission had previously VHF TV band, and for unlicensed which contain new or modified adopted for licensed wireless wireless microphone operations information collection requirements microphone operations in several throughout the TV bands (both VHF and subject to the Paperwork Reduction Act frequency bands, and for unlicensed UHF); (2) the output power levels for wireless microphone operations in the of 1995 (PRA), Public Law 104–13, that wireless microphone operations in the TV bands, 600 MHz guard band, and are not effective until approved by the 600 MHz guard bands and duplex gap; duplex gap. With respect to licensed Office of Management and Budget (3) the applicability of part 15 antenna and unlicensed wireless microphone (OMB). The Commission will publish a connector rules for unlicensed wireless operations in the TV bands, the 600 document in the Federal Register microphone operations; (4) the MHz guard band and duplex gap, and announcing the effective date once OMB operation of existing or legacy the 600 MHz service band (during the approves. unlicensed wireless microphone post-auction transition period), the The incorporation by reference of equipment after the end of the post- Order on Reconsideration clarified the certain material listed in the rule was auction transition period; and (5) applicable output power measurements; approved by the Director of the Federal whether certain wireless microphone clarified how certain antenna-related Register as of December 17, 2015. users that operate on an unlicensed part 15 rules apply with respect to FOR FURTHER INFORMATION CONTACT: Paul basis can reserve TV channels in the unlicensed wireless microphones; and white spaces database to protect their Murray, Office of Engineering and revises and clarified the requirements Technology, 202–418–0688, operations from interference. The for existing and legacy unlicensed Commission followed with a discussion [email protected]. wireless microphones during and after of rules concerning licensed wireless SUPPLEMENTARY INFORMATION: This is a the post-auction transition period. In microphone operations, respectively, in summary of the Commission’s Order on addition, with respect to licensed the 169–172 MHz band and in the 1435– Reconsideration, GN Docket No. 14– wireless microphone operations in other 1525 MHz band. In addition to 166, ET Docket No. 14–165, GN Docket frequency bands, the Order on addressing the petitions for No. 12–268, FCC 17–95, adopted July Reconsideration adopted revisions to reconsideration, the Commission 13, 2017, and released July 14, 2017. the channelization plan for licensed clarified the coordination procedures The full text of this document is wireless microphone operations in the and operational limitations for licensed available for inspection and copying 169–172 MHz band, generally affirms wireless microphone operations in the during normal business hours in the but provides clarifications regarding the FCC Reference Center (Room CY–A257), 30-megahertz limit placed on licensed 941.5–944 MHz band. Finally, the 445 12th Street SW., Washington, DC wireless microphone users’ access to Commission updated various rule parts 20554. The full text may also be spectrum in the 1435–1525 MHz band, in part 15 and part 74 concerning downloaded at: http://transition.fcc.gov/ and clarified coordination requirements wireless microphones to reflect the 600 Daily_Releases/Daily_Business/2017/ and operational limitations for licensed MHz Band Plan, as well as the specific db0714/FCC-17-95A1.pdf. People with wireless microphone operations in the calendar dates for compliance with Disabilities: To request materials in 941.5–944 MHz band. various requirements, that became accessible formats for people with 3. The Order on Reconsideration also effective with the closing of the disabilities (Braille, large print, terminated three proceedings (WT incentive auction on April 13, 2017. electronic files, audio format), send an Docket Nos. 06–166 and 08–167; ET 5. Spurious Emission Limits. To email to [email protected] or call the Docket No. 10–24), begun in 2008 and promote more efficient use of available Consumer & Governmental Affairs 2010, that concerned various wireless spectrum by wireless microphones, the Bureau at 202–418–0530 (voice), 202– microphone issues. All of the issues that Commission adopted new emission 418–0432 (tty). remained in those proceedings have mask rules in 2015 for licensed and been subsumed in the proceedings unlicensed wireless microphones that Synopsis addressed in the instant Order on operate in certain frequency bands. On 1. Overview. In the Order on Reconsideration. reconsideration, the Commission Reconsideration, the Commission 4. First, the Commission addressed replaced the spurious emission limits addresses four petitions for issues concerning the spurious emission that were adopted with the ETSI reconsideration of the Wireless limit that applies with respect both to spurious emission limits for licensed
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and unlicensed wireless microphones. radiated test configuration for Commission uses for testing part 15 Specifically, the Commission will comparison to the 50 mW power limit, intentional radiators, as well as Office of require emissions more than one as discussed immediately below, our Engineering and Technology published megahertz above and below a wireless output power requirements for wireless guidance for measurements relating to microphone carrier frequency (i.e., microphone operations in the VHF EIRP limits. outside the defined ETSI mask) to band, whether for licensed or 11. Output Power Levels for Wireless comply with the limits in section 8.4 of unlicensed operations, will be Microphone Operations in the 600 MHz ETSI EN 300 422–1. The limit in the uniformed. Guard Bands and Duplex Gap. In the majority of the TV bands, including the 8. Output Power Measurements for TV Bands Part 15 R&O, the Commission 600 MHz band, is four nanowatts (¥54 Unlicensed Wireless Microphone provided for unlicensed wireless dBm) effective radiated power (ERP), Operations in the VHF and UHF TV microphone operations in the 600 MHz the limit at all other frequencies below Bands. In the TV Bands Part 15 R&O, guard bands and in one portion of the 1,000 MHz is 250 nanowatts (¥36 dBm) the Commission adopted rules to permit duplex gap under specified technical ERP, and the limit at frequencies above unlicensed wireless microphone rules, and provided for licensed 1,000 MHz is 1 microwatt (¥30 dBm). operations with a power level of up to wireless microphone operations under In revising our rule to reflect the ETSI 50 mW EIRP in the TV bands, both the the same technical rules in another spurious emission limits, the VHF and UHF bands. On portion of the duplex gap. In these Commission also harmonized with the reconsideration, the Commission bands, it limited all wireless standards that apply to this industry in addressed clarified that wireless microphone operations to an output other countries. microphone manufacturers may show power level of 20 mW EIRP. 6. Output Power Measurement for compliance with the 50 mW power limit 12. The Commission denied requests Licensed Wireless Microphone for unlicensed wireless microphones to increase the 20 mW EIRP power level Operations in the VHF TV Band. In the operating in the VHF or UHF band by of wireless microphones that will Wireless Microphones R&O, the making either conducted or radiated operate in the 600 MHz guard band and Commission sought to provide more measurements. The Commission agreed duplex gap. The Commission chose this opportunities for licensed wireless with petitioners that permitting wireless power level to avoid interference to microphone operations in the VHF TV microphone manufacturers the licensed wireless services in the band. The Commission reasoned that flexibility to determine compliance with adjacent bands based on a detailed revising the applicable power limits to the limit through either conducted or technical analysis described in the TV 50 mW EIRP would be an effective way radiated emission measurements would Bands Part 15 R&O. to allow wireless microphone best serve our goal of promoting 13. The Commission noted that manufacturers to adjust the conducted opportunities for different types of operating in the 600 MHz guard band power output of wireless microphones unlicensed wireless microphone and duplex gap is only one of several to compensate for low antenna applications. options for wireless microphone users. efficiency in the VHF band, and would 9. The Commission recognized that Users that may need more power for enable greater use of this portion of the there is a difference in how the power their various applications can use TV bands by reducing the need for a limits are specified in the rules for available spectrum in the TV bands relatively large antenna, which could licensed and unlicensed wireless where a maximum of 50 mW and 250 impede making productive use of this microphones in the UHF TV band mW are permitted on an unlicensed and spectrum. It also noted that specified (conducted power vs. EIRP), but find licensed basis, respectively. The the applicable power limit in terms of that the flexibility that the Commission Commission will allow manufacturers EIRP for licensed wireless microphone allowed to make either conducted or of licensed and unlicensed wireless operations in the VHF band would radiated measurements to meet the microphones that operate in the 600 provide uniformity in the VHF band for respective limits will allow wireless MHz guard band and duplex gap the both licensed wireless microphone microphone manufacturers to use the option to demonstrate compliance with operations under part 74 and unlicensed same test methodology to demonstrate the 20 mW EIRP power limit through wireless microphone operations under the compliance of both licensed and either conducted power or radiated part 15, as the TV Bands Part 15 R&O unlicensed wireless microphones. measurements. also specified the power limit in terms Either measurement approach can 14. Unlicensed Wireless Microphones of EIRP. reliably establish compliance with the and Part 15 Antenna Connector Rules. 7. The Commission clarified that EIRP limits for wireless microphones. In the TV Bands Part 15 R&O, the manufacturers may show compliance 10. Finally, while the Commission Commission codified the rules for with the 50 mW EIRP limit for licensed had not specifically required the use of unlicensed wireless microphone wireless microphones operating in the the ETSI EN 300–422–1 output power operations in the TV bands under VHF band by making either radiated or measurement procedures, the § 15.236 of the Commission’s rules, and conducted measurements. The Commission recognized that this provided for a transition period after Commission did not intend to standard allowed the option of either which these unlicensed users may only unnecessarily restrict use of this band conducted or radiated power use part 15-certified wireless for certain types of wireless microphone measurements for wireless microphones. Upon consideration of applications. Permitting different microphones. Thus, the flexibility that petitions for reconsideration, the options for measuring output power the Commission allowed a wireless Commission exempted unlicensed raises no interference concerns, because microphone manufacturer in choosing wireless microphones operating under either method can be used to determine the method of power measurements is § 15.236 from the antenna connector the EIRP of a wireless microphone. consistent with the method employed in restrictions set forth in § 15.203. Finally, because the Commission also other countries in the global Requiring unique antenna connectors clarified that for unlicensed wireless marketplace. This flexibility also is for wireless microphones certified microphone operations in the TV bands consistent with the American National under part 15 is impractical because (VHF and UHF) output power can be Standards Institute (ANSI) C63.10–2013 they have different application measured in either a conducted or measurement procedure that the requirements when compared with
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other consumer products authorized detail below, are not overly burdensome this period. The Commission also under part 15. Such applications, which and provide sufficient flexibility to discussed procedures by which require the use of detachable antennas address Shure’s concerns with respect existing/legacy equipment that has been and may be critical for operating to the certification of in-ear monitors. certified under part 74, such as that wireless microphones, could be 17. As a general matter, applicants for which has been designed to operate in inhibited if each make or model of certification must test equipment for portions of the 600 MHz service band, wireless microphone used different compliance in the worst-case can be modified in the field by the connectors. The Commission believed configuration as determined by the manufacturers for use under the new that exempting part 15 wireless manufacturer, e.g., using the highest part 15 rules, and the conditions under microphones from the requirements of gain of each antenna type as required by which unlicensed wireless microphone § 15.203 is not likely to result in § 15.204(c) and, where use of a cable is users may continue to use any existing/ harmful interference since wireless involved, the lowest loss cable legacy part 74-certified equipment. microphones with standard antenna associated with each antenna type, to 20. First, the Commission clarified connectors have been approved for use ensure that the system is operated at that unlicensed wireless microphone for many years under part 74 of the radiated power output levels in users can continue to operate equipment rules, and the Commission has compliance with the rules. Operators of that had been certified under part 74, permitted unlicensed use of such certified equipment must use an including equipment that can operate in equipment since 2010 with no antenna with the same or lower gain, portions of what becomes the 600 MHz demonstrated cases of abuse (e.g., and a cable with the same or higher loss, service band following the auction, until adding high-gain antennas or external than was approved with the system. The the end of the 39-month post auction amplifiers) resulting in harmful Commission does not believe that this transition (provided other conditions for interference to other services. approach is burdensome for equipment operation are met). After this transition 15. Because the licensed and manufacturers or users since it does not period, however, unlicensed wireless unlicensed wireless microphones that require testing of every possible antenna microphone users are only authorized to operate in the TV bands generally are and cable combination, and it gives operate wireless microphone equipment the same devices (though higher power users the ability to use different that has been certified under our part 15 is permitted in the UHF band for antennas or cable lengths within the rules, either as new equipment or as licensed wireless microphones), the limits of what the equipment existing/legacy part 74-certified Commission expects that many certification allows. equipment that now complies with the unlicensed wireless microphones will 18. The Commission recognized that, part 15 rules (and thus would not be also be certified under part 74, which in practice, the length of the cables used capable of operating in the 600 MHz does not require permanently attached for particular scenarios can differ. For service band, and instead would be antennas or unique antenna connectors. instance, in cases where a cable that is designed to comply with the applicable Also, many of the same types of entities significantly longer than the one with technical rules, including authorized that operate wireless microphones on a which the equipment was certified must output power levels, for unlicensed licensed basis under part 74 (e.g., be used, the higher cable loss could operations in the TV bands or in the 600 theater groups, musical productions) reduce the EIRP significantly below the MHz guard band and duplex gap). The will operate wireless microphones on an maximum permitted by the rules. To the Commission concluded that this unlicensed basis under part 15, either extent that part 15 certified equipment approach will achieve an orderly because they do not meet the threshold will be professionally installed, existing transition following the auction that for part 74 licensing eligibility, or procedures allow the installer to balances the needs of current because certain frequency bands (the configure the equipment in accordance unlicensed wireless microphone users, 600 MHz guard band and a portion of with the manufacturer’s instructions to who otherwise could incur unduly the duplex gap) are available only for ensure that the equipment will comply burdensome costs in discarding unlicensed use. For the reasons stated with the part 15 rules in the equipment that can effectively be above, the Commission found that it configuration in which it will be used. modified to comply with the applicable should exempt unlicensed wireless The professional installer can thus part 15 requirements, and the needs of microphones from the requirement in compensate for factors such as higher the future 600 MHz service band § 15.203 that the device must cable loss to ensure that the equipment licensees that will be providing wireless incorporate a permanently attached operates at up to, but no greater than, service in the coming years. The antenna or a unique antenna connector. the power levels permitted by the rules. Commission noted that, during the 39- By doing so, the Commission has While an applicant for certification of month post-auction transition period, harmonized the part 15 and 74 rules in equipment that will be professionally unlicensed wireless microphone users this respect, which will foster efficiency installed must submit certain additional must check the white spaces databases, in the design and manufacture of information (e.g., a justification for prior to operating in the 600 MHz wireless microphones. professional installation and a service band, to identify the channels 16. The Commission had not description of instructions to installers), available for use at their particular exempted unlicensed wireless the Commission does not believe these locations, which is a requirement microphones from the requirements of requirements are overly burdensome on designed to protect any 600 MHz service § 15.204 because these requirements are applicants. licensee that commences operations or necessary to ensure that manufacturers 19. Operation of Existing or Legacy conducts first field application (FFA) provide information about the types of Wireless Microphone Equipment after testing during this period. antennas and cables that may be used End of Post-Auction Transition Period. 21. The Commission also revised our with a device to ensure compliance with The Commission clarified the applicable requirements concerning the use by the EIRP limits applicable to unlicensed rules for unlicensed wireless unlicensed wireless microphone users wireless microphones (as discussed microphone users with regard to of existing/legacy equipment that was above). The Commission found that the continued operation of part 74-certified originally certified under part 74 and current equipment authorization rules equipment during the post-auction designed to operate on frequencies that and procedures, described in more transition period and after the end of include frequencies in the 600 MHz
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service band. Specifically, to the extent the necessary steps have been taken so which devices will not need to be that such equipment can be, and is, that it has been certified as compliant modified to comply, but will be certified effectively modified (e.g., through with the applicable part 15 rules. as compliant with the part 15 rules software changes) and certified as 22. If, however, the existing during the transition period; and (3) compliant with the new part 15 rules, equipment that operates in the 600 MHz which devices will not comply, and the Commission will permit unlicensed service band cannot be modified to cannot be certified as compliant with wireless microphone users to continue comply with the part 15 rules, the part 15 requirements (and accordingly to use the modified equipment, which unlicensed wireless microphone users cannot be used after the end of the post- will only operate on frequencies will continue to be prohibited from auction transition period). Providing permitted for their use, after the end of operating that device after the end of the this information can be achieved in the post-auction transition period. 39-month post-auction transition different ways, such as posting the Accordingly, the Commission allowed period. This requirement is consistent necessary information on Web sites, manufacturers to modify this existing with our general part 15 requirement ensuring that customer helplines can part 74-certified wireless microphone that unlicensed equipment must be help inform users, or contacting known equipment so that the equipment is no constructed such that controls readily customers directly, depending on the longer capable of operating in the 600 accessible to the user cannot cause the situation. MHz service band and can be certified equipment to operate in violation of the 24. Unlicensed wireless microphone under the part 15 rules (for operation in technical rules. The Commission found users with existing/legacy part 74- the TV bands and the 600 MHz guard that, after the end of the post-auction certified equipment also must do their transition period, requiring unlicensed part by examining their various devices band and duplex gap under prescribed wireless microphone users to operate and taking any necessary actions to rules, including compliance with the equipment that has been certified as ensure that, after the end of the post- applicable output power limits and compliant with the part 15 rules (e.g., auction transition, they only operate ETSI emission mask). If, for instance, equipment that necessitated such microphones that comply with these modifications can be modification with respect to elimination part 15 requirements. They should be in accomplished through software changes of operations in the 600 MHz service contact with the manufacturer(s) of their to devices that remain in the field (e.g., band, or equipment that meets the wireless microphones to obtain through downloaded software changes), output power limits of 20 mW EIRP if information on their particular devices, then the Commission will permit operating in the guard band or the extent to which they can be made manufacturers to obtain approval unlicensed portion of the duplex gap) is to comply with the part 15 through the permissive change process, an appropriate and balanced approach requirements, and the steps they should and indicate under the existing FCC ID that achieves our goal of ensuring that take to modify any devices to bring number for that device that, with the unlicensed wireless microphone them into compliance. Unlicensed modification, the device would be part operations in the future will not cause wireless microphone users must ensure 15 compliant. Similarly, for any harmful interference to new 600 MHz that any existing/legacy device that they existing/legacy part 74-certified wireless services or to broadcast plan to use complies with the part 15 equipment that originally was designed licensees operating in the TV bands. requirements and has been so certified to operate only in parts of the current 23. Wireless microphone (either because it has been modified, TV bands that remain available for manufacturers will have a critical role to where necessary, or otherwise has been unlicensed wireless microphone play with respect to ensuring that certified as compliant with the part 15 operations but would not otherwise be unlicensed users can determine whether requirements with respect to the compliant with the new part 15 rules, they can continue to use existing/legacy particular frequencies on which it the Commission allowed wireless devices after the end of the post-auction operates), and that they cease operating microphone manufacturers to modify transition period. Wireless microphone any other wireless microphone devices such equipment to make necessary manufacturers have the requisite that do not comply with the part 15 changes (e.g., modifications to comply knowledge about their respective requirements. The Commission noted with the specified lower output power companies’ wireless microphone that, as wireless microphone limits in the guard bands and duplex devices. To meet their obligations, manufacturers develop new devices that gap) so that it can comply with the part unlicensed users seeking to operate comply with the part 15 rules for 15 rules for such use. To the extent that existing/legacy equipment will need to operations in the TV bands, the 600 no equipment modification or hardware know whether their particular devices MHz guard band, and the duplex gap, changes are necessary (e.g., the existing/ can be, and ultimately are, certified as unlicensed wireless microphone users legacy equipment operates only on part 15 compliant. Accordingly, the who need to replace particular existing/ reconfigured TV band spectrum) and the Commission expects that all wireless legacy wireless microphones will be equipment meets the other technical microphone manufacturers make the able to obtain new part 15-compliant requirements for part 15 operations (e.g., necessary information available about microphones before the end of the 39- maximum output power levels and ETSI their existing/legacy models so that month post-auction transition period to emission mask), then the manufacturer users can determine what is required of access the spectrum available for such can file the necessary application for them in order to meet their respective operations. permissive change to establish this, and obligations. This information should 25. Finally, the Commission reminded the record associated with the FCC ID include information on their companies’ manufacturers, and entities that sell, number for this previously certified part particular devices, including (1) which lease, or offer for sale or lease wireless 74 device can be updated to reflect that devices will need to be modified, microphones, that marketing of any the device is compliant with the part 15 through hardware and/or software unlicensed or licensed wireless rules. After the end of the post-auction changes, to comply with part 15 microphones that do not comply with transition period unlicensed wireless requirements in order to be certified as the part 15 or revised part 74 rules microphone users will be permitted to part 15-compliant, and the process by (respectively) must cease no later than operate existing/legacy wireless which the manufacturers and the 18 months after release of the Channel microphone equipment provided that unlicensed users will achieve this; (2) Reassignment PN (i.e., October 13,
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2018). Thus, to the extent that existing/ part 15 rules to permit unlicensed spectrum. As the Commission legacy wireless microphones that were wireless microphone users to register concluded when expanding the part 74 originally designed to operate on any their unlicensed operations for license eligibility in 2014 for operation frequencies that will no longer be protection from other unlicensed in the TV band, the routine use of 50 available for use (e.g., devices that are operations in the TV bands. The microphones is a ‘‘reasonable capable of operating on portions of the Commission concluded that allowing threshold’’ for identifying those entities 600 MHz service band) as a result of the these unlicensed users to obtain that are more likely to require incentive auction, such devices cannot interference protection would be interference protection in order to be sold or leased unless the device inconsistent with their unlicensed ensure high-quality audio services for subsequently has been modified to status. The Commission instead sought their productions. No party sought comply with the new part 15 and/or the to address the concerns raised in the reconsideration of this particular revised part 74 requirements for petition through Further Notice. threshold established in that wireless microphone operations. The 28. In the several actions that the proceeding, and the Commission cannot Commission directed the Consumer and Commission has taken related to the revisit that threshold absent additional Governmental Affairs Bureau (CGB), incentive auction and the notice. The Commission did, however, working with the Office of Engineering reconfiguration of the TV bands, it has believe that some number of entities and Technology (OET) and the Wireless sought to balance different users’ needs with identical or similar needs may be Telecommunications Bureau (WTB), to for access to spectrum. In the able to demonstrate to the Commission, include discussion of these issues Commission’s considerations regarding on a case-by-case basis, that they may associated with the use of existing and wireless microphones, it has recognized merit obtaining a part 74 license for legacy wireless microphones as part of that following the incentive auction operations on vacant TV channels at its overall consumer outreach efforts there will be fewer channels in the TV particular venues at specified times, pertaining to the transition of bands available for both wireless such that they should be permitted to unlicensed and licensed wireless microphone and white space device register available TV channels for that microphone operations that will follow operations. In expanding the eligibility purpose. These entities may use fewer the incentive auction and for part 74 wireless microphone licenses wireless microphones but otherwise reconfiguration of the existing TV in 2014 to include professional sound have the same needs as licensees that bands. companies and owners and operators of operate on TV channels, or the wireless 26. Registration of Certain Unlicensed large venues that routinely use 50 or microphones may be needed for major Wireless Microphone Users in the White more wireless microphones in major events or productions at a location with Spaces Database. Under our rules, events or productions, the Commission very limited spectrum availability. licensed wireless microphone users sought to address the needs of many Accordingly, the Commission has operating in the TV bands (and the 600 unlicensed wireless microphone users adopted a Further Notice in these MHz service band during the post- that have similar needs to the other part proceedings in which the Commission auction transition period) are permitted 74 wireless microphone licensees to proposed a path that will enable such to register their operations on available provide high quality audio services for qualifying entities to obtain a license channels at specified locations and large scale performances and events. under our part 74 LPAS rules. times, in the white spaces databases in And, in codifying the rules for Considering that the phased broadcast order to protect their operations from unlicensed wireless microphone station transitioning to the repacked TV potential interference from unlicensed operations under part 15 in the TV bands begins next year, the Commission white space devices. In codifying rules Bands Part 15 R&O in 2015, the intends to act quickly to issue an order for unlicensed wireless microphone Commission concluded it best, from a addressing the proposal set forth in the operations underpart 15 in the TV regulatory policy standpoint, to place all Further Notice. Bands Part 15 R&O, the Commission unlicensed users—whether wireless 30. Licensed Wireless Microphone eliminated the rule adopted in 2010 that microphone or white space device Operations in the 169–172 MHz Band. had permitted certain qualifying users—under the same general In the Wireless Microphones R&O, the unlicensed wireless microphone users unlicensed status vis-a-vis both Commission sought to promote more also to register their operations for such unlicensed and licensed operations (i.e., expansive use of spectrum in the 169– protection. It determined that their unlicensed users may not cause harmful 172 MHz band for licensed wireless unlicensed operations should be subject interference to authorized services and microphone operations, which are to the same general conditions as apply must accept any interference from other authorized on a secondary basis, and to to unlicensed white space devices (i.e., unlicensed devices). The Commission do so in a manner that does not interfere they may not cause interference to continued to view this as the best with the primary Federal operations or authorized services and must accept any approach for unlicensed wireless other secondary non-Federal services interference from other unlicensed microphone users that operate under the operating in the band. The Commission devices) as it sought to balance the part 15 rules for unlicensed operations. agrees with Sennheiser and other interests between the licensed and 29. Although The Commission had wireless microphone manufacturers that unlicensed entities’ access to the denied the petition insofar as Shure the Commission should take steps to spectrum in the reconfigured TV bands. requests that the Commission permit increase the usefulness of the 169–172 27. While the Commission agreed that wireless microphone users that operate MHz band for wireless microphones by professional theater, music, and on an unlicensed basis to register for permitting wireless microphone performing arts organizations that interference protection, the Commission operations under a different channel operate unlicensed wireless understands that some entities that plan, one that eliminates microphones to deliver high quality currently operate wireless microphones intermodulation effects and thereby sound for their audiences serve on an unlicensed basis may have needs enables full use of the 54- and 200- important needs, the Commission identical or similar to the professional kilohertz (narrowband and broadband) nonetheless declined here to grant sound company/large venues that channels throughout the band. Shure’s petition insofar as it requests qualify for part 74 wireless microphone In revising the Commission’s rules, that the Commission to revise the new licenses for operation in the TV band the Commission promoted the goals set
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forth in the Wireless Microphones R&O licensees that potentially could suffer or be applied to each licensed wireless to find additional ways to accommodate cause interference to one another to microphone user seeking access to wireless microphone operations while cooperate and resolve any potential spectrum in the 1435–1525 MHz band protecting other licensed operations in problem by mutually satisfactory for its own wireless microphone the 169–172 MHz band, such as arrangements. operations at a particular location or operations on forest fighting channels. 31. Licensed Wireless Microphone venue. The Commission concluded that In particular, the Commission revised Operations in the 1435–1525 MHz Band. the 30 megahertz limitation as clarified the center frequencies associated with In the Wireless Microphones R&O, the is reasonable and consistent with the two of the 200-kilohertz channels, Commission authorized limited use of Commission’s goals associated with shifting the authorization to operate on the 1435–1525 MHz band for licensed operations in this band. The channels centered at 169.475 MHz and wireless microphone operations on a Commission disagreed with petitioners 170.275 MHz to 169.575 MHz and secondary basis in the band, provided who argue there was insufficient notice 170.025 MHz, and the Commission that certain conditions and safeguards or basis in the record for adopting a 30- permit 54-kilohertz operations on four designed to protect the primary megahertz limitation in the first place. new channels that would correspond Aeronautical Mobile Telemetry (AMT) In the Wireless Microphones NPRM, the with these 200-kilohertz channels, services in the band are met. It observed Commission proposed only limited use specifically authorizing such wireless that the Commission’s experience of the 1435–1525 MHz band for wireless microphone operations on frequencies through the Special Temporary microphone use, stated that it was not centered at 169.545 MHz, 169.605 MHz, Authority (STA) process demonstrates proposing to open the band to that, under proper conditions, wireless 169.995 MHz, and 170.055 MHz. The widespread use, and noted its microphones will be able to operate in Commission did not, however, revise its overarching goal of promoting efficient this band without interfering with AMT rules to eliminate the current use of spectrum when accommodating operations. The Commission limited authorizations to operate 54-kilohertz wireless microphone operations. In eligibility to professional users licensed wireless microphones on the channels response to the notice, and as discussed under our part 74 LPAS rules, and centered at 169.445 MHz, 169.505 MHz, in the Wireless Microphones R&O, some emphasized that it was not opening up 170.245 MHz, and 170.305 MHz. These commenting parties expressed concerns this band either for widespread use or channels will remain available for that accommodation of wireless for itinerant uses throughout the nation. microphones in the band not limit other licensees that do not choose to obtain It restricted use to specific fixed wireless microphones designed to secondary uses of the band (i.e., video locations, such as large venues where services that access the band through operate on the newly-available there is a need to deploy large numbers channels. The approach the the STA process), or objected to the of microphones (typically 100 or more) Commission making the entire 90 Commission has taken serves to provide for specified time periods and indicated additional opportunities for wireless megahertz available for wireless that access to the band is intended for microphone use. While the Commission microphone licensees that purchase situations in which the other available new equipment that can make full and did not specifically propose a 30- spectrum resources are insufficient. megahertz limit, the Commission made efficient use of the band, whether for 32. On reconsideration, the clear that in addition to its proposal professional-quality 200-kilohertz Commission affirmed the decision regarding potential limits (e.g., microphones or for 54-kilohertz wireless establishing a 30 megahertz limit on the restricting operations to specific, fixed microphones, while at the same time amount of spectrum available for locations at specific times) it would continues to allow other licensees to wireless microphone operations in the consider ‘‘alternative proposals’’ on operate 54-kilohertz wireless 1435–1525 MHz band at a particular microphones on any of the current 54- location. The Commission did, however, ‘‘any other regulatory or technical issues kilohertz channels. The Commission provide clarifications regarding how relevant to consideration’’ of whether to noted that certain of the 54-kilohertz this limitation applies with respect to authorize wireless microphone channels under our existing rules may different wireless microphone users and operations in the 1435–1525 MHz band. overlap with one of the revised 200- to particular areas of operations, which As evidenced by commenter objections kilohertz channels, and that operations should help accommodate more to making the entire 90 megahertz in the on some of the existing 54-kilohertz wireless microphone users that operate band available for wireless microphone channels potentially could continue to in the same general area and have a use, this guidance was sufficient to create intermodulation effects that could need for access to spectrum in this apprise interested parties that the limit the full use of the 169–172 MHz band. In those few extraordinary Commission might consider additional band for wireless microphone instances in which a particular licensed limitations for wireless microphone operations. Under existing wireless microphone user can operations (like the 30-megahertz requirements, all wireless microphone demonstrate that access to more than 30 limitation) on the amount of spectrum applicants and licensees must cooperate megahertz of this band for a specified that a licensee could access under a in the selection and use of frequencies event is merited, the STA process given license. As such, the in order to reduce interference and remains available for addressing those Commission’s decision to adopt the 30- make the most effective use of the needs. megahertz limitation was, at a authorized facilities. And, considering 33. In the Wireless Microphones R&O, minimum, a logical outgrowth of the that wireless microphone users will be the Commission stated that ‘‘all wireless proposals made in the Wireless operating devices that operate at low microphones operating in a particular Microphones NPRM, and thus complied power and transmit only short area’’ would be limited to access to no with notice requirements. distances, and that the other operations more than 30 megahertz in the 1435– 34. Moreover, the record contains in the band are not likely in the same 1525 MHz band. In affirming the ample basis to support the balance that areas, we do not anticipate that decision to place a limit on the amount the Commission sought to achieve when interference issues are likely to arise as of spectrum available for wireless establishing the 30-megahertz limitation a practical matter. In any event, the microphone use in a particular area, we for operations in this band—i.e., Commission expects that different clarify that this 30-megahertz limit will accommodating wireless microphone
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operations through access to spectrum that event are insufficient to meet its applicable LPAS rules, wireless in this band along with other bands, needs. The Commission rejected Shure’s microphone licensees are not granted while also promoting efficient spectrum request that we eliminate use of STAs exclusive frequency assignments for use. By limiting a particular operator to in this band for either wireless their secondary operations. access to no more than 30 megahertz of microphone or video production Accordingly, the grant of a LPAS license the spectrum in this band, we also operations. The Commission recognized to one entity for wireless microphone promote our goals concerning efficient that, for particular events, both operations at a specified location (e.g., use of the spectrum in this band, and we professional wireless microphone users a venue) does not preclude the grant of help ensure that other licensed wireless and professional video production additional LPAS licenses to other microphone users can access portions of services may seek access to spectrum in entities at the same location following this spectrum for their needs as well. the 1435–1525 MHz band through STAs successful coordination of their While there may be extraordinary in the same general location or area. To proposed operations with the primary situations or special events in which the extent that these different entities users of the band. access to 30 megahertz in this band may may seek access to the 1435–1525 MHz 38. Updating Rules to Reflect 600 be insufficient, for which the STA band at the same location and time for MHz Band Plan and Other process remains available (as discussed scheduled events, the Commission Miscellaneous Revisions. The broadcast below), we are not persuaded by expected these users to coordinate their television incentive auction closed on petitioners that we should remove the audio and video operations. April 13, 2017. As a result, the 600 MHz Band Plan is now finalized, and the general limitation and instead provide a 37. Licensed Wireless Microphone specific frequencies associated with the particular user with general access to all Operations in the 941.5–944 MHz Band. 600 MHz service band, the 600 MHz 90 megahertz of spectrum in the band. In the Wireless Microphones R&O, the guard band, and the 600 MHz duplex In sum, we conclude that a 30- Commission revised its rules to provide gap are now established. Accordingly, megahertz limitation is balanced and new opportunities for licensed wireless the Commission updated various rule reasonable, particularly with the microphone operations in the bands parts in part 15 (affecting unlicensed clarification that follows regarding adjacent to the 944–952 MHz band, wireless microphone operations) and implementation of this limitation. which has long been available for 35. The Commission also clarified part 74 (affected licensed wireless wireless microphone operations under how this general limitation will apply to microphone operations) to reflect the the Commission’s part 74 LPAS rules. different licensed wireless microphone 600 MHz Band Plan. In addition, the users that may operate in the same Given the need to coordinate the Commission updated these rules to general area or location. The wireless microphone operations with reflect specific calendar dates for Commission recognized, as noted by the the various incumbent primary Federal compliance with various requirements petitioner and commenters above, that fixed services that may operate at that attach based on the date of release in some areas of the country the different frequencies and locations of the Closing and Channel spectrum available for licensed wireless throughout the 941.5–944 MHz band, Reassignment PN and the establishment microphone operations may be quite we provide the following guidance. of the post-auction transition period. constrained (e.g., the theater district in After coordination of proposed wireless Finally, the Commission also took this New York City, or the Las Vegas strip). microphone operations with incumbent opportunity to reinsert part of a rule The Commission also recognized that non-Federal users through the local SBE provision in § 87.303(d)(1) that had been different users in that same general area coordinator, the applicant will file its inadvertently deleted with the rule or location may be seeking to access application for an LPAS license with the changes adopted in the Wireless portions of the same general spectrum Commission. In addition to the basic Microphones R&O. resource for their respective wireless technical information (such as the Procedural Matters microphone operations at a particular particular frequencies and maximum venue. While the Commission is power levels that the applicant proposes 39. Paperwork Reduction Analysis. limiting each wireless microphone to use), the applicant is required to This Order on Reconsideration contains user’s operations in a particular area or provide a description of the proposed new information collection venue to access to no more than 30 location and area(s) of operation. To requirements subject to the Paperwork megahertz in the band (i.e., one-third of facilitate the Commission’s coordination Reduction Act of 1995 (PRA), Public the spectrum in the band), as discussed of the proposed wireless microphone Law 104–13. It will be submitted to the above, the Commission clarified that operations with incumbent Federal Office of Management and Budget different users in the same general area users, each application should provide (OMB) for review under section 3507(d) can each access up to 30 megahertz of sufficient specificity regarding the of the PRA. OMB, the general public, the spectrum in the band for their proposed location(s) (e.g., venues) of the and other Federal agencies are invited to respective wireless microphone wireless microphone operations for comment on the new information operations. which the applicant seeks authorization, collection requirements contained in 36. As discussed above, there may be and limit its request only to the area(s) this proceeding. In addition, we note extraordinary situations for which a necessary to meet its particular that pursuant to the Small Business licensed wireless microphone user may communications needs. Providing such Paperwork Relief Act of 2002 (SBPRA), need access to more than 30 megahertz specificity is consistent with the Public Law 107–198, see 44 U.S.C. of spectrum in the band for a specific approach used for coordinating co- 3506(c)(4), we previously sought event at a particular location or area. For primary non-Federal fixed service specific comment on how the any such extraordinary event, the STA applications with Federal fixed Commission might further reduce the process remains available to meet these operations in the band, and also is information collection burden for small needs. In keeping with existing consistent with the approach taken with business concerns with fewer than 25 requirements for obtaining an STA, the regard to secondary licensed wireless employees. wireless microphone licensee would microphone operations in the 1435– 40. We have assessed the effects of need to demonstrate that all of the 1525 MHz band. Finally, the various changes and clarifications to the spectrum resources available to it for Commission noted that, under the Wireless Microphones R&O and TV
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Bands Part 15 R&O that might impose involves the clarification that applicants Report and Order in ET Docket No. 14– information collection burdens on small for LPAS licenses to operate wireless 165 and GN Docket No. 12–268, filed by business concerns, and find that those microphones on frequencies in the Audio-Technica, U.S., Inc., Sennheiser changes and clarifications facilitate 941.5–944 MHz band are required to Electronic Corporation, and Shure licensed and unlicensed wireless have their proposed operations Incorporated are granted in part and microphone use of various frequency successfully coordinated with Federal denied in part to the extent described bands and provide wireless microphone users. However, the Commission herein. manufacturers with greater flexibility in believes that this requirement will 48. It is ordered, pursuant to sections designing products to meet market impose only a de minimis burden. 4(i) and (j) of the Communications Act, demands. We anticipate no adverse Significant alternatives considered as amended, 47 U.S.C. 154(i) and (j), impacts on small business concerns include making no changes to the rules and §§ 0.131 and 0.331 of the with fewer than 25 employees. adopted in the Wireless Microphones Commission’s rules, 47 CFR 0.131, 41. Congressional Review Act. The R&O and in the TV Bands Part 15 R&O 0.331, that WT Docket Nos. 08–166 and Commission will send a copy of this or making more extensive changes to 08–167 and ET Docket No. 10–24 are Order on Reconsideration to Congress those rules. However, the Commission terminated. and the Government Accountability finds that the relatively limited number Office pursuant to the Congressional of changes made in the Order best List of Subjects Review Act, see 5 U.S.C. 801(a)(1)(A). balances the needs of wireless 47 CFR Part 2 42. Final Regulatory Flexibility microphone users and manufacturers Analysis. The Regulatory Flexibility Act and other entities that use the same Telecommunications. (RFA) requires that an agency prepare a frequency bands by providing wireless 47 CFR Part 15 regulatory flexibility analysis for notice microphone users and manufacturers and comment rulemakings, unless the increased flexibility to meet their Communications equipment. agency certifies that ‘‘the rule will not, requirements in those bands without 47 CFR Part 74 if promulgated, have a significant impairing other entities’ access to the economic impact on a substantial bands. Incorporation by reference, Reporting number of small entities.’’ According, and recordkeeping requirements. we have prepared Final Regulatory Ordering Clauses 47 CFR Part 87 Flexibility Analysis concerning the 44. It is ordered that, pursuant to possible impact of the Order on sections 1, 4(i), 4(j), 7(a), 301, 302, Communications equipment. Reconsideration on small entities. While 303(f), 303(g), and 303(r) of the 47 CFR Part 90 the Order on Reconsideration generally Communications Act of 1934, as upholds the rules adopted in the amended, 47 U.S.C. 151, 154(i), 154(j), Business and industry. Wireless Microphones R&O and the TV 157(a), 301, 302a, 303(f), 303(g), and Federal Communications Commission. Bands Part 15 R&O, it makes the 303(r), and section 553(b)(B) of the Marlene H. Dortch, changes and clarifications specified Administrative Procedure Act, 5 U.S.C Secretary. above. These changes and clarifications 553(b)(B), this Order on Reconsideration facilitate licensed and unlicensed is adopted. Final Rules wireless microphone use of various 45. It is ordered that parts 2, 15, 74, For the reasons discussed in the frequency bands by permitting more 87, and 90 of the Commission’s rules, 47 preamble, the Federal Communications flexibility in meeting the technical CFR parts 2, 15, 74, 87, and 90, are Commission amends 47 CFR parts 2, 15, requirements relating to emission limits, amended as set forth in the Final Rules. 74, 87, and 90 as follows: more efficient use of the 169–172 MHz 46. It is ordered that the rules adopted band, increased access to the 1435–1525 herein will become effective October 2, PART 2—FREQUENCY ALLOCATIONS MHz band, and the possibility of 2017, except for § 74.803(c) and (d) of AND RADIO TREATY MATTERS; interference protection for certain our rules, which contains a new GENERAL RULES AND REGULATIONS professional unlicensed wireless information collection requirement that microphone users; resolving requires approval by the OMB under the ■ 1. The authority citation for part 2 uncertainties in the rules regarding PRA, which will become effective after continues to read as follows: power requirements, when unlicensed the Commission publishes a notice in Authority: 47 U.S.C. 154, 302a, 303, and microphones can continue to operate the Federal Register announcing such 336, unless otherwise noted. equipment certified under part 74, and approval and the relevant effective date. when wireless microphone applicants 47. It is further ordered that, pursuant ■ 2. Section 2.106, the Table of must coordinate; and providing wireless to section 405 of the Communications Frequency Allocations, is amended as microphone manufacturers with greater Act of 1934, as amended, 47 U.S.C. 405, follows: flexibility in designing products to meet and § 1.429 of the Commission’s rules, ■ a. Revise page 32. market demands. 47 CFR 1.429, the Petitions for ■ b. Revise footnotes US84 and US300 43. The Commission anticipates no Reconsideration of the Report and Order in the list of United States (US) adverse economic impact on small in GN Docket No. 14–166 and GN Footnotes. entities because, with one exception, the Docket No. 12–268, filed by Audio- The revisions read as follows: changes provide these entities benefits Technica, U.S., Inc., Sennheiser previously unavailable to them, as Electronic Corporation, Lectrosonics, § 2.106 Table of Frequency Allocations. opposed to mandating new Inc., and Shure Incorporated, and the * * * * * requirements on them. That exception Petitions for Reconsideration of the BILLING CODE 6712–01–P
VerDate Sep<11>2014 16:20 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1 sradovich on DSK3GMQ082PROD with RULES 41558 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 32 4E) (27) (7 Page (74H) (101) Auxiliary (95) (97) (22) Auxiliary Radio Communications Radio (87) (87) Mobile Microwave Broadcast Power Low Public Personal Fixed Wireless Aural Aviation Amateur Aviation NG338A mobile NG35 (active) (active) 5.337 NG30 aeronautical (active) (active) US301 US342 US385 US342 US385 except research research US79 5.339 exploration-satellite exploration-satellite US268 (space-to-space) RADIONAVIGATION RADIONAVIGATION telecommand) 1215-1240 1240-1300 1300-1350 1350-1390 1390-1395 Space Space MOBILE US342 Earth Earth FIXED 5.282 5.334 5.339 AERONAUTICAL Amateur AERONAUTICAL 941-944 944-960 US84 NG35 FIXED FIXED 5.328 5.328 medical (active) (active) G132 G114 and (space-to-Earth) 5.327A G27 (R) telemetry US385 US385 US385 (active) (active) G56 G2 G56 (space-to-space) MOBILE RADIONAVIGATION RADIONAVIGATION RADIONAVIGATION RADIONAVIGATION G2 (medical G2 US342 US342 US342 US224 RESEARCH RESEARCH EXPLORATION-SATELLITE EXPLORATION-SATELLITE US301 US79 US79 5.335 5.339 MOBILE 5.337 (space-to-Earth) 1164-1215 1215-1240 1240-1300 1300-1350 1350-1390 1390-1395 1395-1400 MOBILE LAND RADIOLOCATION US268 US224 EARTH RADIOLOCATION EARTH RADIOLOCATION US342 FIXED RADIONAVIGATION-SATELLITE RADIONAVIGATION-SATELLITE Radiolocation FIXED 941-944 944-960 5.328A SPACE 5.332 5.334 5.339 5.339 960-1164 5.332 SPACE AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL AERONAUTICAL 5.329A 5.329A 5.317A 5.329 5.329 MOBILE BROADCASTING FIXED 942-960 5.320 5.327 5.328B 5.328B 5.328B 5.338A (space-to-space) (space-to-space) (space-to-space) 5.339 5.317A 5.328 5.328 5.337 (active) (active) 1350-1400 942-960 5.325 MOBILE RADIOLOCATION FIXED 5.335A (space-to-Earth) (space-to-Earth) (space-to-Earth) (Earth-to-space) 5.327A (R) 5.339 5.149 5.334 (active) (active) 5.332 5.335 5.322 RADIONAVIGATION MOBILE RADIONAVIGATION RADIONAVIGATION aeronautical 5.331 5.332 5.338A 5.317A except RESEARCH RESEARCH EXPLORATION-SATELLITE EXPLORATION-SATELLITE 5.331 5.337A 5.330 mobile 1164-1215 1215-1240 1240-1300 1300-1350 1350-1400 SPACE SPACE MOBILE EARTH RADIOLOCATION EARTH RADIOLOCATION RADIOLOCATION RADIOLOCATION RADIONAVIGATION-SATELLITE RADIONAVIGATION-SATELLITE RADIONAVIGATION-SATELLITE RADIONAVIGATION-SATELLITE FIXED AERONAUTICAL Amateur 960-1164 5.328A 5.330 5.282 5.149 5.149 5.338 AERONAUTICAL AERONAUTICAL AERONAUTICAL 5.323 MOBILE BROADCASTING FIXED 942-960 5.323
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BILLING CODE 6712–01–C other than that furnished by the (g) Emissions within the band from * * * * * responsible party shall be used with the one megahertz below to one megahertz United States (US) Footnotes device. The use of a permanently above the carrier frequency shall attached antenna or of an antenna that comply with the emission mask in § 8.3 * * * * * uses a unique coupling to the of ETSI EN 300 422–1 V1.4.2 (2011–08), US84 In the bands 941.5–944 MHz and intentional radiator shall be considered Electromagnetic compatibility and 1435–1525 MHz, low power auxiliary sufficient to comply with the provisions Radio spectrum Matters (ERM); Wireless stations may be authorized on a secondary basis, subject to the terms and conditions set of this section. The manufacturer may microphones in the 25 MHz to 3 GHz forth in 47 CFR part 74, subpart H. design the unit so that a broken antenna frequency range; Part 1: Technical can be replaced by the user, but the use * * * * * characteristics and methods of US300 The frequencies 169.445, 169.505, of a standard antenna jack or electrical measurement. Emissions outside of this 169.545, 169.575, 169.605, 169.995, 170.025, connector is prohibited. This band shall comply with the limits 170.055, 170.245, 170.305, 171.045, 171.075, requirement does not apply to carrier specified in section 8.4 of ETSI EN 300 171.105, 171.845, 171.875, and 171.905 MHz current devices or to devices operated 422–1 V1.4.2 (2011–08). are available for wireless microphone under the provisions of §§ 15.211, ■ 7. Section 15.711 is amended by operations on a secondary basis to Federal 15.213, 15.217, 15.219, 15.221, or revising paragraph (a) to read as follows: and non-Federal operations. On center § 15.236. Further, this requirement does frequencies 169.575 MHz, 170.025 MHz, not apply to intentional radiators that § 15.711 Interference avoidance methods. 171.075 MHz, and 171.875 MHz, the must be professionally installed, such as * * * * * emission bandwidth shall not exceed 200 perimeter protection systems and some kHz. On the other center frequencies, the (a) Geolocation required. White space emission bandwidth shall not exceed 54 kHz. field disturbance sensors, or to other devices shall rely on a geolocation intentional radiators which, in capability and database access * * * * * accordance with § 15.31(d), must be mechanism to protect the following PART 15—RADIO FREQUENCY measured at the installation site. authorized service in accordance with DEVICES However, the installer shall be the interference protection requirements responsible for ensuring that the proper of § 15.712: Digital television stations, ■ 3. The authority citation for part 15 antenna is employed so that the limits digital and analog Class A, low power, continues to read as follows: in this part are not exceeded. translator and booster stations; ■ Authority: 47 U.S.C. 154, 302a, 303, 304, 6. Section 15.236 is amended by translator receive operations; fixed 307, 336, 544a, and 549. revising paragraphs (a)(2) through (4), broadcast auxiliary service links; private (c)(1), (c)(3), removing and reserving land mobile service/commercial radio ■ 4. Section 15.37 is amended by paragraph (c)(4), revising paragraphs service (PLMRS/CMRS) operations; revising paragraph (i) and paragraph (k) (c)(5), (d)(2), and (g) to read as follows: offshore radiotelephone service; low introductory text to read as follows: power auxiliary services authorized § 15.236 Operation of wireless pursuant to §§ 74.801 through 74.882 of § 15.37 Transition provisions for microphones in the bands 54–72 MHz, 76– compliance with the rules. 88 MHz, 174–216 MHz, 470–608 MHz and this chapter, including licensed wireless * * * * * 614–698 MHz. microphones; MVPD receive sites; wireless medical telemetry service (i) As of December 26, 2017, wireless * * * * * microphones for which an application (a) * * * (WMTS); radio astronomy service for certification is filed must comply (2) 600 MHz duplex gap. An 11 (RAS); and 600 MHz service band with the requirements of § 15.236. megahertz guard band at 652–663 MHz licensees where they have commenced Manufacturing and marketing of that separates part 27 600 MHz service operations, as defined in § 27.4 of this wireless microphones that would not uplink and downlink frequencies. chapter. In addition, protection shall be comply with the rules for operation in (3) 600 MHz guard band. Designated provided in border areas near Canada § 15.236 must cease no later than frequency band at 614–617 MHz that and Mexico in accordance with September 24, 2018. Only wireless prevents interference between licensed § 15.712(g). microphones certified for operation services in the 600 MHz service band * * * * * under this part may be operated under and channel 37. ■ 8. Section 15.713 is amended by this part as of July 13, 2020. (4) 600 MHz service band. removing and reserving paragraph (j)(9) * * * * * Frequencies in the 617–652 MHz and as follows: (k) Disclosure requirements for 663–698 MHz bands that are reallocated unlicensed wireless microphones and reassigned for 600 MHz band § 15.713 White space database. capable of operating in the 600 MHz services under part 27. * * * * * service band. Any person who * * * * * (j) * * * manufactures, sells, leases, or offers for (c) * * * (9) [Reserved] sale or lease, unlicensed wireless (1) Channels allocated and assigned * * * * * microphones that are capable of for the broadcast television service. operating in the 600 MHz service band, * * * * * PART 74—EXPERIMENTAL RADIO, as defined in this part, on or after July (3) The 657–663 MHz segment of the AUXILIARY, SPECIAL BROADCAST 13, 2017, is subject to the following 600 MHz duplex gap. AND OTHER PROGRAM disclosure requirements: (4) [Reserved] DISTRIBUTIONAL SERVICES (5) The 614–616 MHz segment of the * * * * * ■ 600 MHz guard band. 9. The authority citation for part 74 ■ 5. Section 15.203 is revised to read as continues to read as follows: follows: * * * * * (d) * * * Authority: 47 U.S.C. 154, 302a, 303, 307, § 15.203 Antenna requirement. (2) In the 600 MHz guard band and 309, 310, 336, and 554. An intentional radiator shall be the 600 MHz duplex gap: 20 mW EIRP. ■ 10. Section 74.801 is amended by designed to ensure that no antenna * * * * * removing the ‘‘Note to Definitions of
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600 MHz Duplex Gap, 600 MHz Guard (2) The 653.000–657.000 MHz specific channels, locations, and time Bands, and 600 MHz Service Band,’’ segment of the 600 MHz duplex gap periods that have been coordinated, and and by revising the definitions of ‘‘600 may be assigned for use by low power be capable of being tuned to any MHz duplex gap,’’ ‘‘600 MHz guard auxiliary service. frequency in the band. bands,’’ and ‘‘600 MHz service band’’ to * * * * * (3) LPAS users may have access to no read as follows: ■ 12. Section 74.803 is amended by more than 30 megahertz of spectrum (one third of the 1435–1525 MHz band) § 74.801 Definitions. revising paragraphs (c) and (d) to read as follows: for their operations at the specified 600 MHz duplex gap. An 11 locations. Different users in the same megahertz guard band at 652–663 MHz § 74.803 Frequency selection to avoid general area each can access up to 30 that separates part 27 600 MHz service interference. megahertz of spectrum for their uplink and downlink frequencies. * * * * * respective operations. All licensees that 600 MHz guard band. Designated (c) In the 941.5–944 MHz, 944–952 have successfully coordinated with frequency band at 614–617 MHz that MHz, 952.850–956.250 MHz, 956.45– AFTRCC for access to the 1435–1525 prevents interference between licensed 959.85 MHz, 6875.000–6900.000 MHz, MHz band for operations at their services in the 600 MHz service band and 7100.000–7125.000 MHz bands low specified locations in the same general and channel 37. power auxiliary station usage is area must, to the extent necessary, 600 MHz service band. Frequencies in secondary to other uses (e.g. Aural coordinate their particular access to and the 617–652 MHz and 663–698 MHz Broadcast Auxiliary, Television use of spectrum with other licensees to bands that are reallocated and Broadcast Auxiliary, Cable Relay minimize the potential for interference reassigned for 600 MHz band services Service, Fixed Point to Point between and among the different under part 27. Microwave) and must not cause harmful operations. * * * * * interference. In the 941.5–944 MHz ■ 13. Section 74.831 is revised to read ■ 11. Section 74.802 is amended by band, low power auxiliary station usage as follows: revising paragraph (a)(1), adding Note to also is secondary to Federal operations in the band. In each of these bands, § 74.831 Scope of service and permissible paragraph (a)(1) and revising paragraph transmissions. (a)(2) to read as follows: applicants are responsible for selecting the frequency assignments that are least The license for a low power auxiliary § 74.802 Frequency assignment. likely to result in mutual interference station authorizes the transmission of (a)(1) Frequencies within the with other licensees in the same area. cues and orders to production personnel following bands may be assigned for use Applicants must consult local frequency and participants in broadcast programs, by low power auxiliary stations: coordination committees, where they motion pictures, and major events or 26.100–26.480 MHz exist, for information on frequencies productions and in the preparation 54.000–72.000 MHz available in the area. In selecting therefor, the transmission of program 76.000–88.000 MHz frequencies, consideration should be material by means of a wireless 161.625–161.775 MHz (except in Puerto given to the relative location of receive microphone worn by a performer and Rico or the Virgin Islands) points, normal transmission paths, and other participants in a program, motion 174.000–216.000 MHz the nature of the contemplated picture, or major event or production 450.000–451.000 MHz operation. during rehearsal and during the actual 455.000–456.000 MHz (d) In the 1435–1525 MHz band, low broadcast, filming, recording, or event 470.000–488.000 MHz power auxiliary station (LPAS) or production, or the transmission of 488.000–494.000 MHz (except Hawaii) authorizations are limited to operations comments, interviews, and reports from 494.000–608.000 MHz at fixed locations, and only to the extent the scene of a remote broadcast. Low 614.000–698.000 MHz that applicable requirements have been power auxiliary stations operating in the 941.500–944.000 MHz met for the proposed operations at those 941.5–944 MHz, 944–952 MHz, 944.000–952.000 MHz specified locations. 952.850–956.250 MHz, 956.45–959.85 952.850–956.250 MHz (1) Each authorization is limited to MHz, 6875–6900 MHz, and 7100–7125 956.45–959.85 MHz specific events or situations for which MHz bands may, in addition, transmit 1435–1525 MHz there is a need to deploy large numbers 6875.000–6900.000 MHz synchronizing signals and various of LPAS for specified time periods, and 7100.000–7125.000 MHz control signals to portable or hand- use of other available spectrum carried TV cameras which employ low Note to Paragraph (a)(1): Frequency resources at that particular location is power radio signals in lieu of cable to assignments in the 614.000–698.000 MHz insufficient to meet the LPAS licensee’s band are subject to conditions established in deliver picture signals to the control needs. point at the scene of a remote broadcast. proceedings pursuant to GN Docket No. 12– (2) The access to spectrum in the band 268. This band is being transitioned to the ■ 14. Section 74.832 is amended by 600 MHz service band, the 600 MHz guard must be coordinated with the frequency revising paragraph (d) to read as band, and the 600 MHz duplex gap during coordinator for aeronautical mobile follows: the post-incentive auction transition period telemetry, the Aerospace and Flight Test (as defined in § 27.4 of this chapter), which Radio Coordinating Committee § 74.832 Licensing requirements and began on April 13, 2017. Low power (AFTRCC) prior to operations at the procedures. auxiliary stations must comply with the specified location and period of time, * * * * * applicable conditions with respect to any with AFTRCC indicating whether any (d) Cable television operations, assignment to operate on frequencies specific frequencies in the band are motion picture and television program repurposed for the 600 MHz service band, the unavailable for use. LPAS devices must producers, large venue owners or 600 MHz guard band, and the 600 MHz duplex gap, respectively. This rule will be complete authentication and location operators, and professional sound further updated, pursuant to public notice or verification before operations begin, companies may be authorized to operate subsequent Commission action, to reflect employ software-based controls or low power auxiliary stations in the additional changes that implement the similar functionality to prevent devices bands allocated for TV broadcasting, the determinations made in these proceedings. in the band from operating except in the 653–657 MHz band, the 941.5–944 MHz
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band, the 944–952 MHz band, the video assist devices capable of operating the 25 MHz to 3 GHz frequency range; 952.850–956.250 MHz band, the in the 600 MHz service band. Any part 1: Technical characteristics and 956.45–959.85 MHz band, the 1435– person who manufactures, sells, leases, methods of measurement. Beyond one 1525 MHz band, the 6875–6900 MHz or offers for sale or lease low power megahertz below and above the carrier band, and the 7100–7125 MHz band. In auxiliary stations or wireless video frequency, emissions shall comply with the 6875–6900 MHz and 7100–7125 devices that are capable of operating in the limits specified in section 8.4 of MHz bands, entities eligible to hold the 600 MHz service band on or after ETSI EN 300 422–1 v1.4.2 (2011–08). licenses for cable television relay July 13, 2017, is subject to the following (iii) In the 6875–6900 MHz and 7100– service stations (see § 78.13 of this disclosure requirements: 7125 MHz bands, digital emissions chapter) shall also be eligible to hold * * * * * within the band from one megahertz licenses for low power auxiliary ■ below to one megahertz above the 16. Section 74.861 is amended by carrier frequency shall comply with the stations. revising paragraphs (d)(3), (d)(4)(i) * * * * * emission mask in section 8.3.2.2 (Figure through (iii), and (e)(7) to read as 5) of the European Telecommunications ■ 15. Section 74.851 is amended by follows: Institute Standard ETSI EN 300 422–1 revising paragraphs (i) through (k), and § 74.861 Technical requirements. v1.4.2 (2011–08), Electromagnetic paragraph (l) introductory text to read as compatibility and Radio spectrum follows: * * * * * (d) * * * Matters (ERM); Wireless microphones in the 25 MHz to 3 GHz frequency range; § 74.851 Certification of equipment, (3) For the 26.1–26.480 MHz, part 1: Technical characteristics and prohibition on manufacture, import, sale, 161.625–161.775 MHz, 450–451 MHz, lease, offer for sale or lease, or shipment of methods of measurement. Beyond one and 455–456 MHz bands, the occupied devices that operate in the 700 MHz or the megahertz below and above the carrier bandwidth shall not be greater than that 600 MHz Band; labeling for 700 MHz or 600 frequency, emissions shall comply with necessary for satisfactory transmission MHz band equipment destined for non-U.S. the limits specified in section 8.4 of and, in any event, an emission markets; disclosures. ETSI EN 300 422–1 v1.4.2 (2011–08). appearing on any discrete frequency * * * * * * * * * * (i) As of January 13, 2018, outside the authorized band shall be attenuated, at least, 43+10 log10 (mean (e) * * * applications for certification shall no (7) Analog emissions within the band output power, in watts) dB below the longer be accepted for low power from one megahertz below to one mean output power of the transmitting auxiliary stations or wireless video megahertz above the carrier frequency unit. The requirements of this paragraph assist devices that are capable of shall comply with the emission mask in shall also apply to the applications for operating in the 600 MHz service band section 8.3.1.2 of the European certification of equipment for the 944– or the 600 MHz guard band, or for low Telecommunications Institute Standard power auxiliary stations that are capable 952 MHz band until January 13, 2018. ETSI EN 300 422–1 v1.4.2 (2011–08), of operating in the 600 MHz duplex gap (4)(i) For the 653–657 MHz, 941.5– Electromagnetic compatibility and unless the operations are limited to the 944 MHz, 944–952 MHz, 952.850– Radio spectrum Matters (ERM); Wireless 653–657 MHz segment. 956.250 MHz, 956.45–959.85 MHz, microphones in the 25 MHz to 3 GHz (j) As of October 13, 2018, no person 1435–1525 MHz, 6875–6900 MHz and frequency range; part 1: Technical shall manufacture, import, sell, lease, 7100–7125 MHz bands, analog characteristics and methods of offer for sale or lease, or ship low power emissions within the band from one measurement. Digital emissions within auxiliary stations or wireless video megahertz below to one megahertz the band from one megahertz below to assist devices that are capable of above the carrier frequency shall one megahertz above the carrier operating in the 600 MHz service band comply with the emission mask in frequency shall comply with the or the 600 MHz guard bands, or low section 8.3.1.2 of the European emission mask in section 8.3.2.2 (Figure power auxiliary stations that are capable Telecommunications Institute Standard 4) of the European Telecommunications of operating in the 600 MHz duplex gap ETSI EN 300 422–1 v1.4.2 (2011–08), Institute Standard ETSI EN 300 422–1 unless the operations are limited to the Electromagnetic compatibility and v1.4.2 (2011–08), Electromagnetic 653–657 MHz segment. This prohibition Radio spectrum Matters (ERM); Wireless compatibility and Radio spectrum does not apply to devices manufactured microphones in the 25 MHz to 3 GHz Matters (ERM); Wireless microphones in solely for export. frequency range; Part 1: Technical the 25 MHz to 3 GHz frequency range; (k) As of October 13, 2018, any person characteristics and methods of part 1: Technical characteristics and who manufacturers, sells, leases, or offer measurement. Beyond one megahertz methods of measurement. Beyond one for sale or lease low power auxiliary below and above the carrier frequency, megahertz below and above the carrier stations or wireless video assist devices emissions shall comply with the limits frequency, emissions shall comply with that are destined for non-U.S. markets specified in section 8.4 of ETSI EN 300 the limits specified in section 8.4 of and that are capable of operating in the 422–1 v1.4.2 (2011–08). ETSI EN 300 422–1 v1.4.2 (2011–08). 600 MHz service band or the 600 MHz (ii) For the 653–657 MHz, 941.5–944 The requirements of this paragraph guard bands, or low power auxiliary MHz, 944–952 MHz, 952.850–956.250 (e)(7) shall not apply to applications for stations that are capable of operating in MHz, 956.45–959.85 MHz, and 1435– certification of equipment in these the 600 MHz duplex gap unless such 1525 MHz bands, digital emissions bands until nine months after release of operations are limited to the 653–657 within the band from one megahertz the Commission’s Channel MHz segment, shall include labeling below to one megahertz above the Reassignment Public Notice, as defined and make clear in all sales, marketing, carrier frequency shall comply with the in § 73.3700(a)(2) of this chapter. emission mask in section 8.3.2.2 (Figure and packaging materials, including * * * * * online materials, relating to such 4) of the European Telecommunications devices that the devices cannot be Institute Standard ETSI EN 300 422–1 PART 87—AVIATION SERVICES operated in the United States. v1.4.2 (2011–08), Electromagnetic (l) Disclosure requirements for low compatibility and Radio spectrum ■ 17. The authority citation for part 87 power auxiliary stations and wireless Matters (ERM); Wireless microphones in continues to read as follows:
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Authority: 47 U.S.C. 154, 303, and 307(e), (b) The following frequencies are DATES: The rule is effective 12:00 a.m. unless otherwise noted. available for wireless microphone local time September 8, 2017, through ■ 18. Section 87.303 is amended by operations to eligibles in this part, 11:59 p.m. local time December 31, revising paragraph (d)(1) and adding subject to the provisions of this 2017. paragraph (d)(4) to read as follows: paragraph: FOR FURTHER INFORMATION CONTACT: Frequencies (MHz) Taylor Debevec, NMFS West Coast § 87.303 Frequencies. 169.445 Region, 562–980–4066. * * * * * 169.505 SUPPLEMENTARY INFORMATION: The (d) * * * 169.545 United States is a member of the IATTC, (1) Frequencies in the 1435–1525 169.575 which was established under the MHz and 2360–2395 MHz bands are 169.605 Convention for the Establishment of an assigned in the mobile service primarily 169.995 Inter-American Tropical Tuna 170.025 for aeronautical telemetry and Commission signed in 1949 170.055 associated telecommand operations for (Convention). The Convention provides 170.245 flight testing of aircraft and missiles, or an international agreement to ensure the 170.305 their major components. Until January effective international conservation and 1, 2020, the 2345–2360 MHz band is 171.045 171.075 management of highly migratory species also available to licensees holding a of fish in the IATTC Convention Area. valid authorization on April 23, 2015 for 171.105 171.845 The IATTC Convention Area, as these purposes on a secondary basis. amended by the Antigua Convention, Permissible uses of these bands include 171.875 171.905 includes the waters of the EPO bounded telemetry and associated telecommand by the coast of the Americas, the 50° N. (1) On center frequencies 169.575 operations associated with the and 50° S. parallels, and the 150° W. MHz, 170.025 MHz, 171.075 MHz, and launching and reentry into the Earth’s meridian. atmosphere, as well as any incidental 171.875 MHz, the emission bandwidth Pelagic longline fishing in the EPO is orbiting prior to reentry, of objects shall not exceed 200 kHz. On the other managed, in part, under the Tuna undergoing flight tests. In the 1435– center frequencies listed in this Conventions Act as amended (Act), 16 1525 MHz band, the following paragraph (b), the emission bandwidth U.S.C. 951–962. Under the Act, NMFS frequencies are shared on a co-equal shall not exceed 54 kHz. must publish regulations to carry out basis with flight telemetering mobile * * * * * recommendations of the IATTC that stations: 1444.5, 1453.5, 1501.5, 1515.5, [FR Doc. 2017–17442 Filed 8–31–17; 8:45 am] have been approved by the Department and 1524.5 MHz. In the 2360–2395 MHz BILLING CODE 6712–01–P of State (DOS). Regulations governing band, the following frequencies may be fishing by U.S. vessels in accordance assigned for telemetry and associated with the Act appear at 50 CFR part 300, telecommand operations of expendable DEPARTMENT OF COMMERCE subpart C. These regulations implement and re-usable launch vehicles, whether IATTC recommendations for the or not such operations involve flight National Oceanic and Atmospheric conservation and management of highly testing: 2364.5, 2370.5 and 2382.5 MHz. Administration migratory fish resources in the EPO. All other mobile telemetry uses of the In 2017, the IATTC adopted 2360–2395 MHz band shall be on a non- 50 CFR Part 300 Resolution C–17–01, which establishes interfering and unprotected basis to the [Docket No. 170223197–7311–01] an annual catch limit of bigeye tuna for above uses. longline vessels over 24 meters. For RIN 0648–XF605 * * * * * calendar year 2017, the catch of bigeye (4) Frequencies in the bands 1435– International Fisheries; Pacific Tuna tuna by longline gear in the IATTC 1525 MHz are also available for low Fisheries; 2017 Bigeye Tuna Longline Convention Area by fishing vessels of power auxiliary station use on a Fishery Closure in the Eastern Pacific the United States that are over 24 meters secondary basis. Ocean in overall length is limited to 500 metric * * * * * tons per year. With the approval of the AGENCY: National Marine Fisheries DOS, NMFS implemented this catch PART 90—PRIVATE LAND MOBILE Service (NMFS), National Oceanic and limit by notice-and-comment RADIO SERVICES Atmospheric Administration (NOAA), rulemaking under the Act (82 FR 17382, Commerce. April 11, 2017, and codified at 50 CFR ■ 19. The authority citation for part 90 ACTION: Temporary rule; closure. 300.25). continues to read as follows: NMFS, through monitoring the SUMMARY: NMFS is temporarily closing retained catches of bigeye tuna using Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of the U.S. pelagic longline fishery for logbook data submitted by vessel 1934, as amended, 47 U.S.C. 154(i), 161, bigeye tuna for vessels over 24 meters in captains and other available information 303(g), 303(r), and 332(c)(7), and Title VI of overall length in the eastern Pacific from the longline fisheries in the IATTC the Middle Class Tax Relief and Job Creation Ocean (EPO) through December 31, Convention Area, has determined that Act of 2012, Pub. L. 112–96, 126 Stat. 156. 2017, because the 2017 catch limit of the 2017 catch limit is expected to be ■ 20. Section 90.265 is amended by 500 metric tons is expected to be reached by September 8, 2017. In revising paragraph (b) introductory text reached. This action is necessary to accordance with 50 CFR 300.25(a), this and paragraph (b)(1) to read as follows: prevent the fishery from exceeding the Federal Register notice announces that applicable catch limit established by the the U.S. longline fishery for bigeye tuna § 90.265 Assignment and use of Inter-American Tropical Tuna in the IATTC Convention Area will be frequencies in the bands allocated for Commission (IATTC) in Resolution C– closed for vessels over 24 meters in Federal use. 17–01 (Conservation of Tuna in the overall length starting on September 8, * * * * * Eastern Pacific Ocean during 2017). 2017, through the end of the 2017
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calendar year. The 2018 fishing year is available for immediate use, and any SUMMARY: NMFS implements scheduled to open on January 1, 2018; power-operated mainline hauler on accountability measures (AMs) for the bigeye tuna catch limit for longline deck must be covered in such a manner Atlantic migratory group cobia that are vessels over 24 meters in overall length that it is not readily available for use. sold (commercial) and harvested from has yet to be established through This provision does not apply to trips in the exclusive economic zone (EEZ) of domestic rulemaking, though, the which vessels have made a declaration the Atlantic. NMFS projects that IATTC agreed to a U.S. limit of 750 mt to NMFS, pursuant to 50 CFR commercial landings of Atlantic in a new resolution (C–17–02) at the 665.803(a), that the trip type is shallow- migratory group cobia have reached the 92nd Meeting in July 2017. setting. commercial quota. Therefore, NMFS During the closure, a U.S. fishing closes the commercial sector for vessel over 24 meters in overall length Classification Atlantic migratory group cobia in the may not be used to retain on board, NMFS has determined there is good EEZ on September 5, 2017, and it will transship, or land bigeye tuna captured cause to waive prior notice and remain closed until the next fishing year by longline gear in the IATTC opportunity for public comment that begins on January 1, 2018. This Convention Area, except as follows: pursuant to 5 U.S.C. 553(b)(B). This closure is necessary to protect the • Any bigeye tuna already on board a action is based on the best available resource of Atlantic migratory group fishing vessel on September 8, 2017, information and is necessary for the cobia. may be retained on board, transshipped, conservation and management of bigeye DATES: This rule is effective from 12:01 and/or landed, to the extent authorized tuna. Compliance with the notice and a.m., local time, September 5, 2017, by applicable laws and regulations, comment requirement would be until 12:01 a.m., local time, January 1, provided all bigeye tuna are landed impracticable and contrary to the public 2018. within 14 days after the effective date of interest because NMFS would be unable this rule, that is, no later than FOR FURTHER INFORMATION CONTACT: to ensure that the 2017 bigeye tuna Frank Helies, NMFS Southeast Regional September 22, 2017. catch limit applicable to longline • The 14-day limit is waived in the Office, telephone: 727–824–5305, email: vessels over 24 meters is not exceeded. [email protected]. case of a U.S. fishing vessel that has The annual catch limit is an important SUPPLEMENTARY INFORMATION: The already declared to NMFS, pursuant to mechanism to ensure that the United fishery for coastal migratory pelagic fish 50 CFR 665.803(a), that the current trip States complies with its international includes king mackerel, Spanish type is shallow-setting. However, the obligations in preventing overfishing mackerel, and cobia, and is managed number of bigeye tuna retained on and managing the fishery at optimum under the Fishery Management Plan for board, transshipped, or landed must not yield. For the same reasons, NMFS has Coastal Migratory Pelagic Resources in exceed the number on board the vessel also determined there is good cause to the Gulf of Mexico and Atlantic Region on September 22, 2017, as recorded by waive the requirement for a 30-day (FMP). The FMP was prepared by the the NMFS observer on board the vessel. delay in effectiveness under 5 U.S.C. Gulf of Mexico and South Atlantic Other prohibitions during the closure 553(d)(3). include the following: Fishery Management Councils and is • This action is required by § 300.25(a) Bigeye tuna caught by a United and is exempt from review under implemented by NMFS under the States vessel over 24 meters in overall Executive Order 12866. authority of the Magnuson-Stevens length with longline gear in the IATTC Fishery Conservation and Management Convention Area may not be Authority: 16 U.S.C. 951 et seq. Act (Magnuson-Stevens Act) by transshipped to a fishing vessel unless Dated: August 29, 2017. regulations at 50 CFR part 622. that fishing vessel is operated in Alan D. Risenhoover, Separate migratory groups of cobia compliance with a valid permit issued Director, Office of Sustainable Fisheries, were established in Amendment 18 to under 50 CFR 660.707 or 665.801. National Marine Fisheries Service. the FMP (76 FR 82058, December 29, • A fishing vessel of the United States [FR Doc. 2017–18577 Filed 8–29–17; 4:15 pm] 2011), and then revised in Amendment over 24 meters in overall length may not BILLING CODE 3510–22–P 20B to the FMP (80 FR 4216, January 27, be used to fish in the Pacific Ocean 2015). The southern boundary for using longline gear both inside and Atlantic migratory group cobia occurs at outside the Convention Area during the DEPARTMENT OF COMMERCE a line that extends due east of the same fishing trip. The only exceptions Florida and Georgia state border at are: a fishing trip during which the National Oceanic and Atmospheric 30°42′45.6″ N. lat. The northern closure date was announced, and a trip Administration boundary for Atlantic migratory group for which a declaration has been made cobia is the jurisdictional boundary to NMFS, pursuant to 50 CFR 50 CFR Part 622 between the Mid-Atlantic and New 665.803(a), that the current trip is England Fishery Management Councils, [Docket No. 101206604–1758–02] shallow-setting. as specified in 50 CFR 600.105(a). • If a fishing vessel of the United RIN 0648–XF652 Atlantic migratory group cobia are States over 24 meters in overall length unique among federally managed is used to fish in the Pacific Ocean using Fisheries of the Caribbean, Gulf of species in the southeast region, because longline gear outside the Convention Mexico, and South Atlantic; 2017 no commercial permit is required to Area and the vessel enters the Commercial Accountability Measures harvest and sell them. The distinction Convention Area at any time after and Closure for Atlantic Migratory between commercial and recreational September 8, 2017, on the same fishing Group Cobia sectors is not as clear as other federally trip, the longline gear on the fishing AGENCY: National Marine Fisheries managed species in the southeast vessel must be stowed in a manner so Service (NMFS), National Oceanic and region. For example, regulations at 50 as not to be readily available for fishing. Atmospheric Administration (NOAA), CFR part 622 specify quotas, annual Specifically, the hooks, branch or Commerce. catch limits, and AMs for cobia that are dropper lines, and floats used to buoy sold and cobia that are not sold. ACTION: Temporary rule; closure. the mainline must be stowed and not However, for purposes of this temporary
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rule, Atlantic migratory group cobia that requirements to provide prior notice overage. The rule is necessary because are sold are considered commercially and opportunity for public comment, new information indicates 2016 catch caught, and those that are not sold are pursuant to the authority set forth at 5 did not exceed the quota. This rule is considered recreationally caught. U.S.C. 553(b)(B), as such prior notice intended to mitigate negative economic The commercial quota for Atlantic and opportunity for public comment is impacts to non-groundfish vessels, migratory group cobia is 50,000 lb unnecessary and contrary to the public while maintaining conservation benefits (22,680 kg), round or gutted weight, for interest. Such procedures are for the southern windowpane flounder the 2017 fishing year, from January 1 unnecessary because the AMs for stock. through December 31, as specified in 50 Atlantic migratory group cobia have DATES: Effective September 1, 2017, CFR 622.384(d)(2). already been subject to notice and through February 28. 2018. Comments The AMs for the commercial sector of comment, and all that remains is to must be submitted by October 2, 2017. Atlantic migratory group cobia, notify the public of the commercial ADDRESSES: You may submit comments, specified at 50 CFR 622.388(f)(1)(i), closure for the remainder of the 2017 identified by NOAA-NMFS-2017-0105 require that NMFS file a notification fishing year. Prior notice and by any of the following methods: with the Office of the Federal Register opportunity for public comment on this • Electronic submissions: Submit all to prohibit the sale and purchase of action would be contrary to the public electronic public comments via the cobia for the remainder of the fishing interest, because of the need to Federal eRulemaking Portal. Go to year if commercial landings reach or are immediately implement the commercial www.regulations.gov/#!docketDetail;D= projected to reach the commercial quota closure to protect Atlantic migratory NOAA-NMFS-2017-0105, click the specified in § 622.384(d)(2). The group cobia, since the capacity of the ‘‘Comment Now!’’ icon, complete the commercial AM is triggered for 2017, fishing fleet allows for rapid harvest of required fields, and enter or attach your because NMFS projects that commercial the commercial quota. Prior notice and comments. landings of Atlantic migratory group opportunity for public comment would • Mail: Submit written comments to cobia will reach the commercial quota require time and would potentially John K. Bullard, Regional on August 30, 2017. Accordingly, the result in a harvest that exceeds the Administrator, National Marine commercial sector for Atlantic migratory commercial quota. Fisheries Service, 55 Great Republic group cobia is closed in the EEZ at 12:01 For the aforementioned reasons, the Drive, Gloucester, MA 01930. Mark the a.m., local time, on September 5, 2017, AA also finds good cause to waive the outside of the envelope, ‘‘Comments on and remains closed until it reopens at 30-day delay in the effectiveness of this the Windowpane Emergency Action.’’ 12:01 a.m., local time, January 1, 2018. action under 5 U.S.C. 553(d)(3). Instructions: Comments sent by any During the commercial closure, the Authority: 16 U.S.C. 1801 et seq. other method, to any other address or sale and purchase of Atlantic migratory individual, or received after the end of Dated: August 29, 2017. group cobia is prohibited. Additionally, the comment period, may not be on January 24, 2017, NMFS closed the Alan D. Risenhoover, considered by NMFS. All comments recreational sector for Atlantic Director, Office of Sustainable Fisheries, received are a part of the public record migratory group cobia in the EEZ for the National Marine Fisheries Service. and will generally be posted for public remainder of the 2017 fishing year (82 [FR Doc. 2017–18611 Filed 8–29–17; 4:15 pm] viewing on www.regulations.gov FR 8363, January 25, 2017). Therefore, BILLING CODE 3510–22–P without change. All personal identifying the possession limit for recreational information (e.g., name, address, etc.), Atlantic migratory group cobia in the confidential business information, or DEPARTMENT OF COMMERCE EEZ is zero for the remainder of the otherwise sensitive information 2017 fishing year. The prohibition on submitted voluntarily by the sender will sale and purchase does not apply to National Oceanic and Atmospheric Administration be publicly accessible. NMFS will Atlantic migratory group cobia that were accept anonymous comments (enter harvested, landed ashore, and sold prior 50 CFR Part 648 ‘‘N/A’’ in the required fields if you wish to 12:01 a.m., local time, September 5, to remain anonymous). 2017, and were held in cold storage by [Docket No. 170808738–7777–01] FOR FURTHER INFORMATION CONTACT: Aja a dealer or processor. RIN 0648–BH11 Szumylo, Fishery Policy Analyst, Classification phone: 978–281–9195. Magnuson-Stevens Fishery The Regional Administrator for the SUPPLEMENTARY INFORMATION: On August Conservation and Management Act NMFS Southeast Region has determined 1, 2017, we implemented accountability Provisions; Fisheries of the this temporary rule is necessary for the measures (AMs) in response to an Northeastern United States; Northeast conservation and management of overage of the 2015 southern Groundfish Fishery; Fishing Year 2017; Atlantic migratory group cobia and is windowpane flounder annual catch Emergency Removal of Southern consistent with the Magnuson-Stevens limit (ACL) (82 FR 35660). Due to data Windowpane Accountability Measures Act and other applicable laws. availability, AMs for windowpane This action is taken under 50 CFR AGENCY: National Marine Fisheries flounder are typically implemented at 622.388(f)(1)(i) and is exempt from Service (NMFS), National Oceanic and the start of the second fishing year after review under Executive Order 12866. Atmospheric Administration (NOAA), an overage. The AMs require trawl These measures are exempt from the Commerce. vessels fishing in certain areas in procedures of the Regulatory Flexibility ACTION: Temporary rule; emergency southern New England to use selective Act because the temporary rule is issued action; request for comments. trawl gear that limit flatfish catch. The without opportunity for prior notice and southern windowpane AM areas apply comment. SUMMARY: This emergency rule removes to all groundfish trawl vessels. The AM This action is based on the best the 2017 southern windowpane areas also apply to non-groundfish trawl scientific information available. The flounder accountability measures for vessels fishing with a codend mesh size Assistant Administrator for NOAA non-groundfish trawl vessels that were of 5 inches (12.7 cm) or greater, which Fisheries finds good cause to waive the triggered as a result of a 2015 quota includes vessels that target summer
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flounder, scup, black sea bass, and authority to remove the southern vessels, despite catch being below the skates. The AMs have been triggered for windowpane flounder AM areas during ACL. groundfish vessels in previous years, the fishing year is limited to the AMs are intended to correct but this is the first year the AMs have groundfish fishery only, and the operational issues that cause overages been triggered for both groundfish and Regional Administrator currently is not and mitigate biological consequences of non-groundfish trawl vessels. These authorized to remove the AM areas for overages. The fishery’s 2016 catch AMs are estimated to result in $2 non-groundfish trawl vessels. Without results demonstrate that the fishery million in lost revenue in catch of this emergency action, the AMs for non- appears to have corrected the yellowtail flounder, winter flounder, groundfish vessels would remain in operational issues that caused the 2015 summer flounder, and scup. The AMs place for the entire 2017 fishing year, overage. The windowpane flounder impose a substantial financial hardship through April 30, 2018. AMs act as a disincentive to exceed an on both groundfish and non-groundfish The New England Council, with ACL and, if an overage does occur, the vessels, particularly because the AM support from the Mid-Atlantic Council, possibility of removing that AM during areas eliminate access to target species intends to address the AMs for non- a fishing year is intended to provide an that vessels are unlikely to recoup even groundfish trawl vessels in Framework additional incentive to change fishing if they move to fish in other areas. 57 to the Northeast Multispecies FMP, behavior in the year following an In 2015, the New England Fishery which is scheduled to be implemented overage. Consistent with this incentive, Management Council developed for the 2018 fishing year. However, the fishery’s 2016 catch was below the Framework Adjustment 52 to the neither Council is able to take action in ACL following the 2015 overage despite Northeast Multispecies Fishery time to address this issue for the 2017 there being no AM areas in effect in Management Plan (FMP) to reduce the fishing year in order to minimize the 2016. In addition to the AM measures economic impacts of the windowpane adverse economic impact of the 2017 operating as expected, there were flounder AMs for the groundfish fishery. AMs on the non-groundfish fishery. changes in the groundfish and non- At the time, the AMs were triggered groundfish fisheries that contributed to Justification for Emergency Action only for the groundfish fishery. The limiting 2016 catch below both the non- Council intentionally limited the scope Section 305(c) of the Magnuson- groundfish fishery sub-ACL and the of Framework 52 to the groundfish Stevens Act (16 U.S.C. 1855(c)) total ACL. Catch limits for several fishery to ensure the action could be authorizes the Secretary of Commerce to Southern New England groundfish completed, and final measures implement emergency regulations to stocks and summer flounder were implemented, in time for the start of the address fishery emergencies. NMFS reduced in 2016 relative to 2015, which 2015 fishing year. Framework 52 policy guidelines for the use of limited overall fishing effort targeting included a provision that gave the emergency rules define criteria for flatfish stocks in 2016. These catch limit Regional Administrator authority to determining whether an emergency reductions are also in place for the 2017 remove the windowpane flounder AM exists under section 305(c) of the fishing year, so we expect southern in-season if catch is below the ACL in Magnuson-Stevens Act (62 FR 44421; windowpane flounder catch in 2017 to the year immediately following the August 21, 1997). These criteria limit be similar to catch in 2016. overage. Thus, although we emergency management actions to Current stock status and our implemented an AM in 2017 due to an ‘‘recent, unforeseen events or recently environmental analyses confirm that the overage in 2015, we can remove the AM discovered circumstances’’ that present 2015 overage has not resulted in in September if catch did not exceed the serious management problems in the negative biological consequences for ACL in 2016, the intervening year. fishery when emergency regulations southern windowpane flounder. The Southern windowpane flounder catch would bring immediate benefits that 2015 assessment update for southern data for 2016 recently became available outweigh the value of advance notice windowpane flounder stock found that showing total 2016 catch was 82 percent and public comment. the stock is not overfished and that of the total ACL, and catch by non- Maintaining the AMs on the non- overfishing is not occurring. The stock groundfish vessels was well below the groundfish fishery for the full fishing was declared rebuilt in 2012, and sub-ACL for this fishery component. year would have immediate serious overfishing has not occurred on this Following our announcement of the economic impacts without further stock since 2006. NMFS trawl survey 2015 windowpane flounder overage and contributing to the conservation goals of indices indicate that stock size has been resulting 2017 AMs, the New England the AMs. Additionally, maintaining the relatively stable, has been increasing and Mid-Atlantic Councils both AMs on the non-groundfish fishery since hitting a time series low in the requested that we consider all presents a fairness and equity issue that mid-1990s, and has increased remediation methods available to was not previously apparent. The 2017 marginally between 2014 and 2016. This remove or modify the southern fishing year is the first time that we stock history shows that maintaining the windowpane flounder AMs for 2017. have been required to implement these AMs is not expected to provide The Councils highlighted the economic AMs for both the groundfish and non- substantial additional mitigation of impacts of the AMs, as well as the status groundfish fisheries. Data supporting potential adverse biological impacts. of the stock, which is rebuilt with this removal only recently became The analysis in recent Northeast overfishing not occurring. Additionally, available, and it is the first time that Multispecies FMP actions also shows possession of southern windowpane these AMs can be removed from the that removing the AMs for non- flounder has been prohibited for all groundfish fishery but not the non- groundfish vessels should not result in fisheries since 2010. Given all of these groundfish fishery. Before this, neither negative impacts for the southern factors, the Councils argued that the we, nor the Council, could have windowpane flounder stock. Framework AMs are unnecessary and punitive. As reasonably considered or foreseen the 52 addressed the biological impacts of a result, consistent with existing specific circumstance presented by the removing the AMs in terms of the regulatory authority, we removed the current situation, that is, the possibility overall southern windowpane flounder AMs for the groundfish fishery effective of the AMs being removed for ACL, and does not differentiate between September 1, 2017 (82 FR 35676; August groundfish vessels but remaining in sub-ACLs for different fisheries, or catch 1, 2017). However, the regulatory place for the non-groundfish trawl by different gear types. Further,
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available data suggest that removing the September. Yet, no additional AM goal Emergency Measures AMs for non-groundfish trawl vessels is accomplished through maintaining This emergency action extends to will not have biological impacts the AMs on that fishery after August 31. non-groundfish vessels the existing different than those analyzed in We have determined that removing the provision that already allows us to Framework 55, which set the total AMs as soon as practicable after August remove the southern windowpane southern windowpane flounder ACL for 31 this fishing year through an flounder AM in September for fishing year 2017. Given the current emergency action is necessary and groundfish vessels, if we determine that operation of the groundfish and non- outweighs the benefits of using the catch remained below the ACL in the groundfish fisheries, and the status of advance notice and comment year immediately following an overage. southern windowpane flounder stock, procedures. In developing any new Effective September 1, 2017, this action leaving the AMs in place for non- measures through Framework 57, the temporarily removes (for 180 days) the groundfish vessels is expected to result Council process will provide ample southern windowpane flounder AMs for in serious direct economic loss to opportunity for notice and comment non-groundfish trawl vessels fishing vessels targeting summer flounder and full participation. Consequently, the with a codend mesh size of 5 inches inside the AM areas without opportunity for notice and comment is (12.7 cm) or greater. Non-groundfish contributing further to the goals of the only delayed. In addition, avoiding the trawl vessels will be able to fish inside AMs. serious economic loss for a reasonably of the large southern windowpane Acting quickly to remove the AMs on unforeseen event, while acting flounder AM areas (Figure 1) without the summer flounder is particularly consistently with the conservation and selective gear, which increases fishing important because a greater portion of management goals of the AMs, opportunities to target other flatfish the summer flounder fishery catch outweighs the benefit of advance notice species for which they hold a permit occurs in the summer months through and comment. and for which quota is available.
Renewal of Emergency Regulations Classification public adequate notice and opportunity for comment. Pursuant to 5 U.S.C. The Magnuson-Stevens Act limits The NMFS Assistant Administrator 553(b)(B), the Assistant Administrator NMFS’ emergency action authority to an has determined that this emergency rule for Fisheries finds good cause to waive initial period of 180 days, with a is consistent with the criteria and prior notice and the opportunity for potential extension up to an additional justifications for use of emergency public comment because it would be 186 days, if warranted. The public has measures in section 305(c) of the impracticable and contrary to the public an opportunity to comment on the Magnuson-Stevens Act, and is interest. Additionally, this rule is initial emergency action (see consistent with the Northeast excepted from the 30-day delayed ADDRESSES). After considering public Multispecies FMP, other provisions of effectiveness provision of the APA comments on this emergency rule, the Magnuson-Stevens Act, the under 5 U.S.C. 553(d)(1) because it Administrative Procedure Act (APA), NMFS may extend the emergency relieves a restriction by removing the and other applicable law. regulation for one additional period of southern windowpane flounder AM not more than 186 days to provide non- Section 553 of the APA establishes areas for non-groundfish trawl vessels. groundfish trawl vessels access to the procedural requirements applicable to This is the first year the AMs have AM areas without the use of selective rulemaking by Federal agencies. The been triggered for both groundfish and purpose of these requirements is to non-groundfish trawl vessels, and it is trawl gear for the remainder of the 2017 ensure public access to the Federal also the first time we are removing the fishing year, through April 30, 2018. rulemaking process and to give the AMs for groundfish vessels under
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existing regulatory authority. Without implications as those terms are defined DEPARTMENT OF COMMERCE additional action, the AMs for non- in E.O. 13132 and E.O. 12630, groundfish vessels would remain in respectively. National Oceanic and Atmospheric Administration place for the entire 2017 fishing year, This emergency rule is exempt from through April 30, 2018. Maintaining the the procedures of the Regulatory AMs on the non-groundfish fishery 50 CFR Part 679 Flexibility Act because the rule is issued presents fairness, equity, and [Docket No. 160920866–7167–02] conservation issues that were not without opportunity for prior notice and previously apparent, as neither we nor opportunity for public comment. RIN 0648–XF647 the Council considered or foresaw the List of Subjects in 50 CFR Part 648 possibility of the AMs being removed Fisheries of the Exclusive Economic for groundfish vessels but remaining in Fisheries, Fishing, Recordkeeping and Zone Off Alaska; Inseason Adjustment place for the non-groundfish trawl reporting requirements. to the 2017 Gulf of Alaska Pollock Seasonal Apportionments vessels, despite total catch being below Dated: August 28, 2017. the ACL. The Council intends to address Samuel D. Rauch III, AGENCY: National Marine Fisheries this issue in Framework 57, which is Service (NMFS), National Oceanic and scheduled for implementation for the Deputy Assistant Administrator for Atmospheric Administration (NOAA), 2018 fishing year. However, the Council Regulatory Programs, National Marine Fisheries Service. Commerce. cannot develop Framework 57 in time to ACTION: Temporary rule; inseason address this issue and/or remove the For the reasons set out in the adjustment. AMs on the non-groundfish fishery this preamble, 50 CFR part 648 is amended fishing year. as follows: SUMMARY: NMFS is adjusting the 2017 C Maintaining the AMs on the non- seasonal apportionments of the total groundfish fishery for the full fishing PART 648—FISHERIES OF THE allowable catch (TAC) for pollock in the year would have immediate serious NORTHEASTERN UNITED STATES Gulf of Alaska (GOA) by re-apportioning economic impacts without contributing unharvested pollock TAC in Statistical further to the conservation goals of the ■ Areas 610, 620, and 630 of the GOA. AMs. If the AM areas are in place for the 1. The authority citation for part 648 continues to read as follows: This action is necessary to provide full fishing year, they are estimated to opportunity for harvest of the 2017 result in $2 million in lost revenue in Authority: 16 U.S.C. 1801 et seq. pollock TAC, consistent with the goals catch of yellowtail flounder, winter and objectives of the Fishery ■ 2. In § 648.90, add paragraph flounder, summer flounder, and scup. Management Plan for Groundfish of the The AM areas do not prohibit all fishing (a)(5)(i)(D)(1)(iii) effective September 1, Gulf of Alaska. with bottom-tending trawls, but require 2017 through February 28. 2018. DATES: Effective 1200 hours, Alaska the use of trawl gear designed to The addition reads as follows: local time (A.l.t.), August 29, 2017, until minimize flatfish catch, which 2400 hours A.l.t., December 31, 2017. eliminates access to target species that § 648.90 NE multispecies assessment, FOR FURTHER INFORMATION CONTACT: vessels cannot recoup even if fishing in framework procedures and specifications, Josh other areas. Removing the AMs this and flexible area action system. Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS fishing year through an emergency (a) * * * action mitigates serious economic harm manages the groundfish fishery in the to the non-groundfish fishery while the (5) * * * GOA exclusive economic zone Council develops permanent FMP (i) * * * according to the Fishery Management Plan for Groundfish of the Gulf of measures. (D) * * * For all of the reasons outlined above, Alaska (FMP) prepared by the North NMFS finds it impracticable and (1) *** Pacific Fishery Management Council contrary to the public interest to provide (iii) Emergency rule reducing the (Council) under authority of the prior opportunity to comment on these duration of southern windowpane Magnuson-Stevens Fishery emergency measures. Because this rule flounder AM for non-groundfish vessels. Conservation and Management Act. alleviates a restriction, which if Effective September 1, 2017 through Regulations governing fishing by U.S. continued would otherwise have serious February 28. 2018, the southern vessels in accordance with the FMP and unnecessary economic harm on windowpane flounder AM is removed appear at subpart H of 50 CFR part 600 and 50 CFR part 679. non-groundfish trawl vessels, it is not for all vessels fishing with trawl gear subject to the 30-day delayed The annual pollock TACs in with a codend mesh size equal to or Statistical Areas 610, 620, and 630 of effectiveness provision of the APA. greater than 5 inches (12.7 cm) in other, Prior notice and opportunity for public the GOA are apportioned among four non-specified sub-components of the comment and/or a 30-day delayed seasons, in accordance with fishery, including, but not limited to, effectiveness would prevent the positive § 679.23(d)(2). Regulations at benefits that this rule is intended to exempted fisheries that occur in Federal § 679.20(a)(5)(iv)(B) allow the provide, particularly because the waters and fisheries harvesting underharvest of a seasonal fisheries most affected by the AM areas exempted species specified in apportionment to be added to are most active in the summer months § 648.80(b)(3). subsequent seasonal apportionments, through September. * * * * * provided that any revised seasonal This action is being taken pursuant to [FR Doc. 2017–18495 Filed 8–31–17; 8:45 am] apportionment does not exceed 20 the emergency provision of the BILLING CODE 3510–22–P percent of the seasonal apportionment Magnuson-Stevens Act and is exempt for a given statistical area. Therefore, from OMB review. NMFS is increasing the C season This emergency rule does not contain apportionment of pollock in Statistical policies with Federalism or ‘‘takings’’ Areas 610, 620, and 630 of the GOA to
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reflect the underharvest of pollock in seasonal apportionment of the TAC in SUMMARY: NMFS is prohibiting retention those areas during the B season. In Statistical Area 630. Therefore, the of the incidental catch allowance for addition, any underharvest remaining revised C seasonal apportionment of Pacific ocean perch in the Central beyond 20 percent of the originally pollock TAC in Statistical Area 630 is Regulatory Area of the Gulf of Alaska specified seasonal apportionment in a 19,063 mt (15,886 mt plus 3,177 mt). (GOA). This action is necessary because particular area may be further the 2017 total allowable catch of Pacific Classification apportioned to other statistical areas. ocean perch apportioned to the Therefore, NMFS also is increasing the This action responds to the best incidental catch allowance in the C season apportionment of pollock to available information recently obtained Central Regulatory Area of the GOA has Statistical Areas 610 and 630 based on from the fishery. The Assistant been reached. the underharvest of pollock in Administrator for Fisheries, NOAA DATES: Effective 1200 hours, Alaska Statistical Areas 620 of the GOA. These (AA), finds good cause to waive the local time (A.l.t.), August 29, 2017, adjustments are described below. requirement to provide prior notice and through 2400 hours, A.l.t., December 31, The C seasonal apportionment of the opportunity for public comment 2017. 2017 pollock TAC in Statistical Area pursuant to the authority set forth at 5 FOR FURTHER INFORMATION CONTACT: Josh 610 of the GOA is 19,569 metric tons U.S.C. 553(b)(B) as such requirement is Keaton, 907–586–7228. (mt) as established by the final 2017 and impracticable and contrary to the public 2018 harvest specifications for interest. This requirement is SUPPLEMENTARY INFORMATION: NMFS groundfish of the GOA (82 FR 12032; impracticable and contrary to the public manages the groundfish fishery in the February 27, 2017). In accordance with interest as it would prevent NMFS from GOA exclusive economic zone § 679.20(a)(5)(iv)(B), the Administrator, responding to the most recent fisheries according to the Fishery Management Alaska Region, NMFS (Regional data in a timely fashion and would Plan for Groundfish of the Gulf of Administrator), hereby increases the C provide opportunity to harvest Alaska (FMP) prepared by the North season apportionment for Statistical increased pollock seasonal Pacific Fishery Management Council Area 610 by 3,914 mt to account for the apportionments. NMFS was unable to under authority of the Magnuson- underharvest of the TAC in Statistical publish a notice providing time for Stevens Fishery Conservation and Areas 610 and 620 in the B season. This public comment because the most Management Act. Regulations governing increase is in proportion to the recent, relevant data only became fishing by U.S. vessels in accordance estimated pollock biomass and is not available as of August 25, 2017. with the FMP appear at subpart H of 50 greater than 20 percent of the C seasonal The AA also finds good cause to CFR part 600 and 50 CFR part 679. apportionment of the TAC in Statistical waive the 30-day delay in the effective The 2017 total allowable catch (TAC) Area 610. Therefore, the revised C date of this action under 5 U.S.C. of Pacific ocean perch apportioned to seasonal apportionment of the pollock 553(d)(3). This finding is based upon the incidental catch allowance in the TAC in Statistical Area 610 is 23,483 mt the reasons provided above for waiver of Central Regulatory Area of the GOA is (19,569 mt plus 3,914 mt). prior notice and opportunity for public 2,000 metric tons (mt) as established by The C seasonal apportionment of the comment. the final 2017 and 2018 harvest pollock TAC in Statistical Area 620 of This action is required by § 679.20 specifications for groundfish of the GOA the GOA is 12,341 mt as established by and is exempt from review under (82 FR 12032, February 27, 2017). the final 2017 and 2018 harvest Executive Order 12866. In accordance with § 679.20(d)(2), the specifications for groundfish of the GOA Administrator, Alaska Region, NMFS (82 FR 12032, February 27, 2017). In Authority: 16 U.S.C. 1801 et seq. (Regional Administrator), has accordance with § 679.20(a)(5)(iv)(B), Dated: August 29, 2017. determined that the 2017 TAC of Pacific the Regional Administrator hereby Alan D. Risenhoover, ocean perch apportioned to the increases the C seasonal apportionment Director, Office of Sustainable Fisheries, incidental catch allowance in the for Statistical Area 620 by 2,468 mt to National Marine Fisheries Service. Central Regulatory Area of the GOA has account for the underharvest of the TAC [FR Doc. 2017–18575 Filed 8–29–17; 4:15 pm] been reached. Therefore, NMFS is in Statistical Areas 620 in the B season. BILLING CODE 3510–22–P requiring that catches of the incidental This increase is not greater than 20 catch allowance for Pacific ocean perch percent of the C seasonal apportionment in the Central Regulatory Area of the of the TAC in Statistical Area 620. DEPARTMENT OF COMMERCE GOA be treated as prohibited species in Therefore, the revised C seasonal accordance with § 679.21(b). This apportionment of the pollock TAC in National Oceanic and Atmospheric closure does not apply to fishing by Statistical Area 620 is 14,809 mt (12,341 Administration vessels participating in the cooperative mt plus 2,468 mt). fishery of the Rockfish Program for the The C seasonal apportionment of 50 CFR Part 679 Central GOA. pollock TAC in Statistical Area 630 of [Docket No. 160920866–7167–02] the GOA is 15,886 mt as established by Classification the final 2017 and 2018 harvest RIN 0648–XF671 This action responds to the best specifications for groundfish of the GOA available information recently obtained (82 FR 12032, February 27, 2017). In Fisheries of the Exclusive Economic from the fishery. The Assistant accordance with § 679.20(a)(5)(iv)(B), Zone Off Alaska; Pacific Ocean Perch Administrator for Fisheries, NOAA the Regional Administrator hereby in the Central Regulatory Area of the (AA), finds good cause to waive the increases the C seasonal apportionment Gulf of Alaska requirement to provide prior notice and for Statistical Area 630 by 3,177 mt to AGENCY: National Marine Fisheries opportunity for public comment account for the underharvest of the TAC Service (NMFS), National Oceanic and pursuant to the authority set forth at 5 in Statistical Areas 620 and 630 in the Atmospheric Administration (NOAA), U.S.C. 553(b)(B) as such requirement is B season. This increase is in proportion Commerce. impracticable and contrary to the public to the estimated pollock biomass and is interest. This requirement is ACTION: Temporary rule; closure. not greater than 20 percent of the C impracticable and contrary to the public
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interest as it would prevent NMFS from The AA also finds good cause to Authority: 16 U.S.C. 1801 et seq. responding to the most recent fisheries waive the 30-day delay in the effective Dated: August 29, 2017. data in a timely fashion and would date of this action under 5 U.S.C. Alan D. Risenhoover, delay prohibiting retention of the 553(d)(3). This finding is based upon incidental catch allowance for Pacific Director, Office of Sustainable Fisheries, the reasons provided above for waiver of National Marine Fisheries Service. ocean perch in the Central Regulatory prior notice and opportunity for public [FR Doc. 2017–18607 Filed 8–29–17; 4:15 pm] Area of the GOA. NMFS was unable to comment. publish a notice providing time for BILLING CODE 3510–22–P public comment because the most This action is required by § 679.20 recent, relevant data only became and § 679.21 and is exempt from review available as of August 22, 2017. under Executive Order 12866.
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Proposed Rules Federal Register Vol. 82, No. 169
Friday, September 1, 2017
This section of the FEDERAL REGISTER DATES: Public comment on this FOR FURTHER INFORMATION CONTACT: contains notices to the public of the proposed proposed rule will be accepted until Amy Sweeney, U.S. Department of issuance of rules and regulations. The October 16, 2017. Energy (FE–34), Office of Regulation purpose of these notices is to give interested ADDRESSES: You may submit comments and International Engagement, Office of persons an opportunity to participate in the Fossil Energy Forrestal Building, Room rule making prior to the adoption of the final identified by Regulation Identifier rules. Number (RIN) 1901–AB43 and FE 3E–042, 1000 Independence Avenue Docket No. 17–86–R. Use any of the SW., Washington, DC 20585; (202) 586– following methods, although the 2627; or Cassandra Bernstein or Ronald DEPARTMENT OF ENERGY eRulemaking Portal is preferred: (R.J.) Colwell, U.S. Department of Energy (GC–76), Office of the Assistant 1. Federal eRulemaking Portal (the 10 CFR Part 590 General Counsel for Electricity and preferred method): Follow the Fossil Energy, Forrestal Building, Room instructions for submitting comments [FE Docket No. 17–86–R] 6D–033, 1000 Independence Ave. SW., on the Federal eRulemaking Portal at Washington, DC 20585; (202) 586–9793 http://www.regulations.gov. RIN 1901–AB43 or (202) 586–8499. 2. Email: Send email to fergas@ SUPPLEMENTARY INFORMATION: Small-Scale Natural Gas Exports hq.doe.gov. Include RIN 1901–AB43 and FE Docket No. 17–86–R in the subject I. Background AGENCY: Office of Fossil Energy, line of the email. Please include the full A. Statutory Background Department of Energy. B. DOE’s Public Interest Analysis body of your comments in the text of the ACTION: Notice of proposed rulemaking. C. DOE’s Non-FTA Export Authorization message or as an attachment. Orders Since 2012 SUMMARY: The Department of Energy 3. Regular Mail: U.S. Department of II. Discussion of Proposed Rule (DOE or Department) proposes to revise Energy (FE–34), Office of Regulation A. Summary of and Reasons for Proposed Rule its regulations to provide that DOE will and International Engagement, Office of Fossil Energy, P.O. Box 44375, B. Consistency With Section 3 of the issue an export authorization upon Natural Gas Act receipt of any complete application that Washington, DC 20026–4375. C. Consistency With the Public Interest seeks to export natural gas, including 4. Hand Delivery or Private Delivery D. Consistency With Free Market liquefied natural gas (LNG), to countries Services (e.g., FedEx, UPS, etc.): U.S. Principles with which the United States has not Department of Energy (FE–34), Office of III. Regulatory Review entered into a free trade agreement Regulation and International A. Executive Orders 12866 and 13563 B. National Environmental Policy Act (FTA) requiring national treatment for Engagement, Office of Fossil Energy, Forrestal Building, Room 3E–042, 1000 C. Regulatory Flexibility Act trade in natural gas and with which D. Paperwork Reduction Act trade is not prohibited by U.S. law or Independence Avenue SW., E. Unfunded Mandates Reform Act of 1995 policy (non-FTA countries), provided Washington, DC 20585. Telephone: F. Treasury and General Government that the application satisfies the 202–586–9478. Appropriations Act, 1999 following two criteria: The application Due to potential delays in the delivery G. Executive Order 13132 proposes to export natural gas in a of postal mail, we encourage H. Executive Order 12988 respondents to submit comments I. Treasury and General Government volume up to and including 0.14 billion Appropriations Act, 2001 cubic feet (Bcf) per day (Bcf/d), and electronically to ensure timely receipt. J. Executive Order 13211 DOE’s approval of the application does Please Note: If submitting a filing via IV. Approval of the Office of the Secretary not require an environmental impact email, please include all related statement (EIS) or an environmental documents and attachments (e.g., I. Background assessment (EA) under the National exhibits) in the original email A. Statutory Background Environmental Policy Act of 1969 correspondence. Please do not include The Department of Energy is (NEPA). In proposing this revision, DOE any active hyperlinks or password responsible for authorizing exports of is interpreting the phrase ‘‘public protection in any of the documents or natural gas to foreign nations pursuant interest’’ set forth in the Natural Gas Act attachments related to the filing. All to section 3 of the NGA, 15 U.S.C. 717b. (NGA). DOE proposes that applications electronic filings submitted to DOE For applications to export natural gas to that satisfy these criteria are requesting must follow these guidelines to ensure non-FTA countries under NGA section authorization for ‘‘small-scale natural that all documents are filed in a timely 3(a), 15 U.S.C. 717b(a),1 DOE has gas exports’’ and, as such, the exports manner. Any hardcopy filing submitted consistently interpreted section 3 of the are deemed to be consistent with the greater in length than 50 pages must NGA as creating a rebuttable public interest under the NGA. DOE’s also include, at the time of the filing, a presumption that a proposed export of regulations regarding notice of digital copy on disk of the entire natural gas is in the public interest. applications and procedures conducted submission. Accordingly, DOE conducts an informal on applications would no longer apply Docket: This notice of proposed adjudication and grants the application to applications that satisfy these criteria. rulemaking and any comments that DOE unless DOE finds that the proposed The proposed regulation is intended to receives will be made available on the exportation will not be consistent with expedite DOE’s processing of these Federal eRulemaking Portal at http:// applications, thereby reducing www.regulations.gov, and also on DOE’s 1 This notice of proposed rulemaking does not administrative burdens for the small- Web site at: https://www.energy.gov/fe/ apply to exports to FTA countries under section scale natural gas export market. services/natural-gas-regulation. 3(c) of the NGA, 15 U.S.C. 717b(c).
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the public interest.2 Before reaching a of natural gas supply, and need for the natural gas proposed to be final decision on any non-FTA environmental impacts, among others. exported, (ii) whether the proposed application, DOE must also comply with To conduct this review, DOE looks to exports pose a threat to the security of NEPA, 42 U.S.C. 4321 et seq. record evidence developed in the domestic natural gas supplies, (iii) Typically, the federal agency application proceeding.3 whether the arrangement is consistent responsible for permitting the export DOE’s prior decisions have also with DOE’s policy of promoting market facility serves as the lead agency in the looked to certain principles established competition, and (iv) any other factors NEPA review process, and DOE serves in its 1984 Policy Guidelines.4 The goals bearing on the public interest, as as a cooperating agency within the of the Policy Guidelines are to minimize determined by DOE. meaning of the Council on federal control and involvement in Additionally, since 2011, DOE has Environmental Quality’s (CEQ) energy markets and to promote a commissioned several studies to regulations, 40 CFR 1501.4, 1501.5. For balanced and mixed energy resource evaluate the reasonably foreseeable LNG terminals located onshore or in system. The Guidelines provide that: economic and environmental impacts of state waters, the agency responsible for The market, not government, should natural gas exports, and to respond to permitting the export facilities is the determine the price and other contract terms concerns about exports submitted to Federal Energy Regulatory Commission of imported [or exported] natural gas.... DOE in various proceedings. These (FERC) pursuant to authority delegated The federal government’s primary studies include: Effect of Increased by DOE under section 3(e) of the Natural responsibility in authorizing imports [or Natural Gas Exports on Domestic Gas Act, 15 U.S.C. 717b(e). For LNG exports] will be to evaluate the need for the Energy Markets (2012 EIA 9 Study) and terminals located offshore beyond state gas and whether the import [or export] Macroeconomic Impacts of LNG Exports waters, the responsible agency is the arrangement will provide the gas on a from the United States (NERA Study) competitively priced basis for the duration of Maritime Administration (MARAD) (collectively, 2012 LNG Export the contract while minimizing regulatory Study); 10 Effect of Increased Levels of within the Department of impediments to a freely operating market.5 Transportation pursuant to section 3(9) Liquefied Natural Gas Exports on U.S. of the Deepwater Ports Act, as amended While the Policy Guidelines are Energy Markets (2014 EIA LNG Export by section 312 of the Coast Guard and nominally applicable to natural gas Study); 11 The Macroeconomic Impact of Maritime Transportation Act of 2012 import cases, DOE subsequently held in Increasing U.S. LNG Exports (2015 LNG (Pub. L. 112–213). Order No. 1473 that the same Policy Export Study); 12 the Addendum to DOE’s environmental review process Guidelines should be applied to natural Environmental Review Documents 6 under NEPA usually results in the gas export applications. Concerning Exports of Natural Gas from preparation or adoption of an EIS or EA In Order No. 1473, DOE stated that it the United States (Addendum); 13 and describing the potential environmental was further guided by DOE Delegation the Life Cycle Greenhouse Gas impacts associated with the application. Order No. 0204–111. That delegation Perspective on Exporting Liquefied In some cases, DOE may determine that order, which authorized the Natural Gas from the United States an application is eligible for a Administrator of the Economic (LCA GHG Report).14 DOE published categorical exclusion from the Regulatory Administration to exercise these studies in the Federal Register preparation or adoption of an EIS or EA the agency’s review authority under and has responded to the public pursuant to DOE’s regulations NGA section 3, directed the comments received on each study.15 implementing NEPA, 10 CFR 1021.410, Administrator to regulate exports appendices A & B. For example, ‘‘based on a consideration of the 9 ‘‘EIA’’ refers to the U.S. Energy Information categorical exclusion B5.7 of DOE’s domestic need for the gas to be exported Administration. 10 See 2012 LNG Export Study, 77 FR 73,627 (Dec. regulations (10 CFR part 1021, subpart and such other matters as the Administrator finds in the 11, 2012), available at: http://energy.gov/sites/prod/ D, appendix B5.7) applies to natural gas files/2013/04/f0/fr_notice_two_part_study.pdf. circumstances of a particular case to be 11 U.S. Energy Info. Admin., Effect of Increased import or export activities requiring 7 minor operational changes to existing appropriate.’’ (In February 1989, the Levels of Liquefied Natural Gas Exports on U.S. projects, but no new construction. Assistant Secretary for Fossil Energy Energy Markets (Oct. 2014), available at: https:// assumed the delegated responsibilities www.eia.gov/analysis/requests/fe/pdf/lng.pdf. B. DOE’s Public Interest Analysis Under of the Administrator of ERA.8) 12 Center for Energy Studies at Rice University Baker Institute and Oxford Economics, The Section 3(a) of the Natural Gas Act Although DOE Delegation Order No. Macroeconomic Impact of Increasing U.S. LNG Although NGA section 3(a) 0204–111 is no longer in effect, DOE’s Exports (Oct. 29, 2015), available at: http:// _ establishes a broad public interest review of export applications has energy.gov/sites/prod/files/2015/12/f27/20151113 continued to focus on: (i) The domestic macro_impact_of_lng_exports_0.pdf. standard and a presumption favoring 13 Dep’t of Energy, Addendum to Environmental export authorizations, the statute does Review Documents Concerning Exports of Natural 3 not define ‘‘public interest’’ or identify See, e.g., Golden Pass Products, DOE/FE Order Gas From the United States, 79 FR 48,132 (Aug. 15, No. 3978, at 135–66. criteria that must be considered in 2014), available at: http://energy.gov/fe/addendum- 4 New Policy Guidelines and Delegations Order environmental-review-documents-concerning- evaluating the public interest. In prior Relating to Regulation of Imported Natural Gas, 49 exports-natural-gas-united-states. decisions, DOE has identified a range of FR 6684 (Feb. 22, 1984) [hereinafter 1984 Policy 14 Dep’t of Energy, Life Cycle Greenhouse Gas factors that it evaluates when reviewing Guidelines]. Perspective on Exporting Liquefied Natural Gas an application for export authorization. 5 Id. at 6685. From the United States, 79 FR 32,260 (June 4, 6 These factors include economic Phillips Alaska Natural Gas, DOE/FE Order No. 2014). DOE/FE announced the availability of the 1473, at 14 (citing Yukon Pacific Corp., DOE/FE LCA GHG Report on its Web site on May 29, 2014. impacts, international impacts, security Order No. 350, Order Granting Authorization to 15 See, e.g. Cheniere Marketing, LLC and Corpus Export Liquefied Natural Gas from Alaska, 1 FE ¶ Christi Liquefaction, LLC, DOE/FE Order No. 3638, 2 15 U.S.C. 717b(a); see, e.g., Golden Pass 70,259, at 71,128 (1989)). FE Docket No. 12–97–LNG, Final Order and Products LLC, DOE/FE Order No. 3978, FE Docket 7 DOE Delegation Order No. 0204–111, at 1; see Opinion Granting Long-Term, Multi-Contract No. 12–156–LNG, Opinion and Order Granting also 1984 Policy Guidelines, 49 FR at 6690. Authorization to Export Liquefied Natural Gas by Long-Term, Multi-Contract Authorization to Export 8 See Applications for Authorization to Construct, Vessel from the Proposed Corpus Christi Liquefied Natural Gas by Vessel from the Golden Operate, or Modify Facilities Used for the Export or Liquefaction Project to Be Located in Corpus Pass LNG Terminal Located in Jefferson County, Import of Natural Gas, 62 FR 30,435, 30,437 n.15 Christi, Texas, to Non-Free Trade Agreement Texas, to Non-Free Trade Agreement Nations, at 18, (June 4, 1997) (citing DOE Delegation Order No. Nations, at 94–148, 167–83 (May 12, 2015); Golden 162 (Apr. 25, 2017). 0204–127, 54 FR 11,436 (Mar. 20, 1989)). Pass Products, DOE/FE Order No. 3978, at 71–92.
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The 2012 EIA Study generally found Report reached conclusions regarding • While increased natural gas exports that natural gas exports will lead to the use of U.S. natural gas exports to will result in higher U.S. natural gas higher domestic natural gas prices, produce electricity in European and prices, these price changes remain in a increased domestic natural gas Asian markets, as well as the life cycle relatively narrow range across the production, reduced domestic natural greenhouse gas emissions of exported scenarios studied and the domestic gas consumption, and increased natural U.S. natural gas as compared to other natural gas market is capable of gas imports from Canada via pipeline. sources of natural gas in those markets. accommodating increased natural gas Among the key findings of the NERA exports without significant negative C. DOE’s Non-FTA Export Study (the second part of the 2012 LNG price or other economic impacts; Authorizations Since 2012 Export Study), NERA projected that the • Even with these estimated price United States would gain net economic To date, DOE has issued 28 final increases, increased natural gas exports benefits from allowing LNG exports. For export authorizations to non-FTA are likely to generate net economic every market scenario examined, the countries, bringing the cumulative total benefits for the United States; NERA Study determined that economic of approved non-FTA exports of LNG • Increased natural gas exports benefits increased as the level of natural and compressed natural gas (CNG) to stimulate local, regional, and national gas exports increased. 21.33 Bcf/d of natural gas, or 7.79 economies through direct and indirect The 2014 EIA LNG Export Study trillion cubic feet per year.17 These non- job creation, increased economic found that natural gas exports will FTA authorizations are available online activity, and tax revenues; and generally lead to relatively modest at the DOE/FE E-Docket Room.18 • Increased natural gas exports domestic natural gas price increases, Of these 28 non-FTA authorizations, increase diversity of supply in the increased domestic natural gas seven authorize exports in volumes global natural gas market, in turn production, reduced domestic natural below 0.14 Bcf/d of natural gas—the benefiting international trade and gas consumption, and higher levels of volume limitation set forth in the relations as well as global energy economic output (as measured by real criteria for this proposed rulemaking. security. gross domestic product). These seven authorizations include: DOE also has observed that it is far from The 2015 LNG Export Study Carib Energy (USA) LLC (0.04 Bcf/d), certain that all or even most of the considered export volumes ranging from American Marketing LLC (0.008 Bcf/d), proposed natural gas export projects 12 to 20 Bcf/d of natural gas, as well as Emera CNG, LLC (0.008 Bcf/d), will be realized because of the time, a high resource recovery case examining Floridian Natural Gas Storage Company, difficulty, and expense of export volumes up to 28 Bcf/d of natural LLC (0.04 Bcf/d), Air Flow North commercializing, financing, and gas. The analysis covered the 2015 to American Corp. (0.002 Bcf/d), Flint constructing such projects, as well as 2040 time period. The 2015 Study made Hills Resources, LP (0.01 Bcf/d), and the uncertainties inherent in the global the following key findings: Carib Energy (USA), LLC (0.004).19 market demand for natural gas.20 • Rising natural gas exports are Together, these authorizations approve associated with a net increase in exports of LNG and CNG in a combined II. Discussion of Proposed Rule domestic natural gas production; volume of 0.112 Bcf/d—less than 0.6% • A. Summary of and Reasons for As exports increase, the spread of the cumulative volume of non-FTA Proposed Rule between U.S. domestic prices and exports approved by DOE to date. The emerging small-scale export international benchmarks narrows; In each of the 28 non-FTA export • market involves exports of small The overall macroeconomic impacts authorizations issued to date, and on the volumes of natural gas from the United of higher natural gas exports are basis of the record evidence presented States to countries primarily in, but not marginally positive—a result that is in those proceedings, DOE has reached limited to, the Caribbean, Central robust to alternative assumptions for the the following conclusions as part of its America, and South America. Many of U.S. natural gas market; public interest determination for each • An increase in U.S. natural gas these countries do not generate enough application: exports will generate small declines in natural gas demand to support the • Substantial domestic natural gas output at the margin for some energy- economies of scale required to justify supplies exist to meet domestic natural intensive, trade-exposed industries; and large volumes of LNG imports from gas demand and increased natural gas • Negative impacts in energy- large-scale LNG terminals via exports; intensive sectors are offset by positive conventional LNG tankers. The small- impacts elsewhere. scale natural gas export market has The Addendum evaluated distances using other transportation methods, such developed as a solution to the practical as ISO containers loaded onto container ships. DOE environmental impacts including water therefore does not consider the LCA GHG Report as and economic constraints limiting resources, air quality, greenhouse gas part of the record in those proceedings. See infra natural gas exports to these countries. emissions, induced seismicity, and land (identifying seven non-FTA export authorizations DOE is proposing to revise its use impacts. The DOE Addendum for which the LCA GHG Report was not considered regulations to expedite the application in the application proceeding, and discussing concluded that DOE cannot transportation of small-scale exports). and approval process for small-scale meaningfully estimate where, when, or 17 See Lake Charles LNG Export Co., LLC, DOE/ exports of natural gas. Specifically, the by what particular method additional FE Order No. 4010, FE Docket No. 16–109–LNG, proposed rule provides that DOE, upon natural gas would be produced in Opinion and Order Granting Long-Term, Multi- receipt of any complete application to response to non-FTA export demand. Contract Authorization to Export Liquefied Natural Gas by Vessel from the Lake Charles Terminal in export natural gas (including LNG) to Finally, although not directly relevant Calcasieu Parish, Louisiana, to Non-Free Trade non-FTA countries, will grant the to this proposed rule,16 the LCA GHG Agreement Nations, at 43–46 (June 29, 2017). application provided that it satisfies the 18 Dep’t of Energy, Office of Fossil Energy, following two criteria: (1) The 16 DOE considers the LCA GHG Report in non- Electronic Docket Room (E-Docket Room), https:// application proposes to export natural FTA export proceedings whenever an application www.energy.gov/fe/downloads/electronic-docket- seeks to transport LNG by LNG tanker from large- room-e-docket-room. gas in a volume up to and including scale liquefaction facilities to non-FTA countries. 19 See Lake Charles LNG Export Co., DOE/FE By contrast, small-scale exports of natural gas Order No. 4010, at 43–46 (citing these 20 See, e.g., Golden Pass Products, DOE/FE Order (including LNG) typically are transported shorter authorizations). No. 3978, at Section XII and 161.
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0.14 Bcf/d; and (2) DOE’s approval of gas. Consequently, as the first criterion an order upon application unless, after the application does not require an EIS for the proposed rule, DOE proposes to opportunity for hearing, DOE finds that or EA under NEPA—that is, the define small-scale natural gas exports as the proposed export ‘‘will not be application is eligible for a categorical any export of natural gas up to and consistent with the public interest.’’ 23 exclusion under DOE’s NEPA including a volume of 0.14 Bcf/d. DOE DOE has long interpreted section 3(a) as regulations. believes this volume limitation is creating a rebuttable presumption that a For each small-scale application consistent with industry practice, but proposed export of natural gas is in the submitted to DOE, DOE will first invites comment on any other public interest, such that DOE must determine if the application is complete appropriate small-scale volume grant an application under section 3(a) under DOE’s regulations. If the limitation. unless opponents of the application application is complete, DOE will post As the second criterion for this overcome that presumption by making the application on DOE’s Web site, proposed rule, DOE must determine that an affirmative showing of inconsistency consistent with DOE practice. Next, its approval of the application does not with the public interest.24 The statute, DOE will determine if the application require an EIS or an EA under NEPA, however, does not define ‘‘public meets the criteria for a small-scale because it qualifies for a categorical interest’’ or identify criteria that DOE natural gas export. If the application exclusion. For example, pursuant to must consider when determining meets the criteria, DOE will issue a non- DOE’s categorical exclusion B5.7, a whether a proposed export of natural FTA authorization granting the small-scale natural gas export that gas is consistent with the public interest application on an expedited basis, involves only existing facilities and/or under section 3(a). The statute affords without providing notice of application minor operational changes is an action DOE broad discretion in determining and other procedures typically required that does not involve new construction. whether proposed exports to non-FTA for non-FTA export applications under Any application that satisfies these countries are ‘‘consistent with the DOE’s regulations, 10 CFR 590.205 and two criteria would qualify as a ‘‘small- public interest’’ (15 U.S.C. 717b(a)). In 10 CFR part 590, subpart C (10 CFR scale natural gas export’’ as that term is this proposed rule, DOE is interpreting 590.303–10 CFR 590.317). All small- defined under this proposed rule, and NGA section 3(a) to determine that scale natural gas export authorizations would be deemed to be consistent with small-scale natural gas exports are issued pursuant to these regulations will the public interest under NGA section consistent with the public interest after be posted on DOE’s Web site, and will 3(a). As noted above, DOE’s regulations considering all relevant factors, contain appropriate terms and regarding notice of applications, 10 CFR including the domestic need for the conditions consistent with DOE’s 590.205, and procedures applicable to small volumes of natural gas to be regulations and practice. application proceedings, 10 CFR 590 exported and the security of domestic DOE notes that entities involved in subpart C (10 CFR 590.301 to 10 CFR natural gas supplies. 590.317), would not apply to this emerging market typically define applications that satisfy these criteria. C. Consistency With the Public Interest ‘‘small-scale’’ natural gas exports as Rather, this proposed rule, and the 45- In determining that small-scale exports of 1.0 million metric tons per day comment period for this proposed natural gas exports are consistent with annum (mtpa) or lower.21 When rule, would constitute the notice and the public interest, DOE has considered converting from million metric tons to opportunity for hearing on all the economic studies and the billion cubic feet, DOE uses a prospective small-scale natural gas Addendum discussed in Section I.B, as conversion factor of 51.75 Bcf per 22 export applications. well as the public comments received million metric tons of dry natural gas. This proposed rule is limited to on these studies. DOE has also Based on this conversion factor, 1 qualifying small-scale exports of natural considered the 28 final non-FTA export million metric tons per annum equates gas. If adopted, this proposed rule authorizations issued to date, including to approximately 0.14 Bcf/d of natural would not affect either existing DOE the seven non-FTA authorizations authorizations or DOE’s evaluation of approving exports at volumes below 21 See, e.g., Int’l Gas Union, IGU World Gas LNG Report 59 (2016 ed.), available at: www.igu.org/ any non-FTA application that does not 0.14 Bcf/d of natural gas (identified in download/file/fid/2123 (‘‘IGU defines the large- meet the criteria for small-scale natural section I.C), as well as the most recent scale LNG industry as every LNG business above 1 gas exports. In expediting the authoritative projections for natural gas million MTPA of LNG production and/or application and approval process for supply, demand, and prices set forth in consumption. Conversely, small-scale LNG is any business under 1 million MTPA.’’); Int’l Gas Union, these exports, DOE recognizes the the Annual Energy Outlook 2017 (AEO 25 Small Scale LNG 11 (June 2015), available at: unique characteristics and minimal 2017). Based on this evidence, and for http://www.igu.org/sites/default/files/node-page- adverse impacts of the small-scale the reasons described in Section II.A, field_file/SmallScaleLNG.pdf (‘‘For the purpose of natural gas market emerging primarily DOE has determined that small-scale this report, the [small-scale LNG] production installed capacity has been defined as below 1 in the United States, the Caribbean, natural gas exports are consistent with million metric tons per annum (mtpa).’’); Ce´dric Central America, and South America. the public interest under NGA section Andrieu, Gas Tech. Inst., Et Al., Small Scale LNG As discussed below, the proposed rule 3(a). Import Terminal: Not As Simple As A Reduced One is in accordance with section 3 of the In reaching this conclusion, DOE has 2, 4 (Conference Paper, LNG 17 International considered the economic impacts of Conference & Exhibition on Liquefied Natural Gas, NGA, DOE’s interpretation of the public 2013), available at: http://www.gastechnology.org/ interest standard set forth in NGA higher natural gas prices and potential Training/Documents/LNG17-proceedings/Storage-6- section 3(a), and DOE’s long-standing increases in natural gas price volatility Cedric_Andrieu.pdf (‘‘Typically, the send-out rate policy of minimizing federal control and and, as noted earlier, has reviewed the of . . . small LNG terminals is ranging from 0.2 to involvement in energy markets and economic impacts of natural gas 1 mtpa.’’). exports. Recent advancements in natural 22 See, e.g., Southern LNG Company, L.L.C., DOE/ promoting a balanced and mixed energy FE Order No. 3956, FE Docket No. 12–100–LNG, resource system. Opinion and Order Granting Long-Term, Multi- 23 15 U.S.C. 717b(a). Contract Authorization to Export Liquefied Natural B. Consistency With Section 3(a) of the 24 See id.; see, e.g., Golden Pass Products, DOE/ Gas by Vessel from the Elba Island Terminal in Natural Gas Act FE Order No. 3978, at 18, 162. Chatham County, Georgia, to Non-Free Trade 25 U.S. Energy Information Administration, Agreement Nations (Dec. 16, 2016), at Ordering Under section 3(a) of the NGA, the Annual Energy Outlook 2017 (Jan. 2017), available Para. H. Secretary of Energy is required to issue at: http://www.eia.gov/outlooks/aeo.
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gas exploration and production availability of a reliable supply of transported shorter distances, and rely technology have changed the outlook for natural gas to customers outside of the on a variety of transportation modes the U.S. natural gas market, such that United States who are currently burning (such as ISO containers loaded onto the increase in domestic supplies of diesel or fuel oil for power generation container ships and barges). DOE natural gas will outpace increases in may encourage conversion to natural believes that facilitating small-scale domestic demand. gas-based power generation equipment. natural gas exports will allow for greater The 2015 Study considered export Companies in the United States would diversity and competition in the natural volumes ranging from 12 to 20 Bcf/d of be well positioned to provide and gas market. natural gas, as well as a high resource support this type of power generation recovery case examining export volumes equipment, thus providing secondary III. Regulatory Review up to 28 Bcf/d of natural gas. By economic benefits from the small-scale A. Executive Orders 12866 and 13563 comparison, to date DOE has issued exports. This regulatory action has been final non-FTA authorizations in a Additionally, small-scale natural gas determined to not be a ‘‘significant cumulative volume of exports totaling exports will enable importing countries regulatory action’’ under Executive 21.33 Bcf/d of natural gas—well below to diversify their fuel supplies, while Order 12866, ‘‘Regulatory Planning and the 28 Bcf/d case considered in the 2015 contributing to greater overall Review,’’ 58 FR 51735 (October 4, 1993). Study. As DOE has explained in recent transparency, efficiency, and liquidity Accordingly, this action was not subject orders,26 the authors of the 2015 Study of natural gas markets outside the to review under that Executive Order by had to include several unlikely United States. To the extent small-scale the Office of Information and Regulatory assumptions about the global natural gas natural gas exports will diversify global Affairs of the Office of Management and market for U.S. LNG exports to exceed natural gas supplies, and increase the volumes of natural gas available Budget. 12 Bcf/d, much less to reach the high DOE has also reviewed this regulation resource recovery case of 28 Bcf/d of globally, small-scale natural exports will improve energy security for many U.S. pursuant to Executive Order 13563, exports. Based on this evidence and the issued on January 18, 2011. (76 FR 3281, small volumes at issue in this proposed allies and trading partners. As such, the proposed rule will advance the public Jan. 21, 2011.) EO 13563 is rule, DOE believes that domestic supplemental to and explicitly reaffirms supplies will be adequate both to meet interest by fostering international relations, trade, and security. the principles, structures, and domestic needs and to supply small- definitions governing regulatory review scale exports of natural gas. D. Consistency With Free Market established in Executive Order 12866. DOE finds that small-scale natural gas Principles To the extent permitted by law, agencies exports meeting the criteria set forth in are required by Executive Order 13563 this proposed rulemaking will not DOE has consistently subscribed to to: (1) Propose or adopt a regulation interfere with the domestic need for the principles set forth in the 1984 only upon a reasoned determination natural gas. Likewise, small-scale Policy Guidelines that the market, not that its benefits justify its costs exports will not have a detectable the government, is the most efficient (recognizing that some benefits and impact on domestic natural gas prices, means of allocating natural gas supplies. costs are difficult to quantify); (2) tailor and will not pose a risk to the security The United States has an abundant regulations to impose the least burden of domestic natural gas supplies. While supply of affordable natural gas that on society, consistent with obtaining small-scale natural gas exports are studies have shown will significantly regulatory objectives, taking into unlikely to generate negative economic exceed domestic demand. Meanwhile, account, among other things, and to the or supply impacts in the United States, foreign demand for natural gas imports extent practicable, the costs of these exports are expected to have from the United States has increased as cumulative regulations; (3) select, in positive impacts. Specifically, small- many countries, such as those in the choosing among alternative regulatory scale natural gas exports are expected to Caribbean, Central America, and South approaches, those approaches that generate positive economic benefits in America, seek to import cleaner sources maximize net benefits (including the United States through direct and of energy. The conventional, large-scale natural potential economic, environmental, indirect job creation, increased gas import/export market is extremely public health and safety, and other economic activity, tax revenues, and capital-intensive. Companies must advantages; distributive impacts; and improved U.S. balance of trade. achieve sufficient economies of scale to To countries that do not otherwise equity); (4) to the extent feasible, specify justify their multi-billion dollar have access to natural gas, small-scale performance objectives, rather than investments in large-scale LNG natural gas exports represent an specifying the behavior or manner of terminals and in large-volume LNG important change in their ability to compliance that regulated entities must tanker fleets. However, many of the generate electricity. Small-scale exports adopt; and (5) identify and assess countries in the Caribbean, Central also will enable electric generation available alternatives to direct America, and South America simply do facilities in the importing countries to regulation, including providing not generate enough demand to import switch from heavy fuel oil and diesel to economic incentives to encourage the the large volumes of natural gas natural gas, providing positive desired behavior, such as user fees or supplied by the large-scale natural gas environmental benefits through the marketable permits, or providing import/export market. Given these reduction of emissions at fuel oil and information upon which choices can be diseconomies of scale, a gap has diesel burning electric generators. The made by the public. emerged in the regional natural gas DOE concludes that this proposed rule is consistent with these principles. 26 See, e.g., Delfin LNG LLC, DOE/FE Order No. import/export market. Small-scale 4028, FE Docket No. 13–147–LNG, Opinion and natural gas exports represent a market- Specifically, this proposed rule provides Order Granting Long-Term, Multi-Contract driven response to fill this gap. In that DOE will issue an export Authorization to Export Liquefied Natural Gas by contrast to large-scale natural gas authorization upon receipt of any Vessel from a Proposed Floating Liquefaction complete application that seeks to Project and Deepwater Port 30 Miles Offshore of exports, small-scale natural gas exports Louisiana to Non-Free Trade Agreement Nations, at typically originate from existing export natural gas, including LNG, to 62–63 (June 1, 2017). facilities in the United States, are non-FTA countries, provided that the
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application satisfies the following two information, or methods that are not into a class of actions that does not criteria: (1) The application proposes to publicly available or that are individually or cumulatively have a export natural gas in a volume up to and insufficiently transparent to meet the significant impact on the human including 0.14 Bcf/d, and (2) DOE’s standard for reproducibility; or environment as set forth under DOE’s approval of the application does not (vi) Derive from or implement regulations implementing the National require an EIS or EA under NEPA. Executive Orders or other Presidential Environmental Policy Act of 1969 (42 DOE’s regulations regarding notice of directives that have been subsequently U.S.C. 4321 et seq). Specifically, this applications, 10 CFR 590.205, and rescinded or substantially modified. rulemaking is covered under the procedures applicable to application Finally, on March 28, 2017, the Categorical Exclusion found in the proceedings, 10 CFR part 590, subpart C President signed Executive Order 13783, DOE’s National Environmental Policy (10 CFR 590.303 to 10 CFR 590.317), entitled ‘‘Promoting Energy Act regulations at paragraph A6 of would not apply to small-scale natural Independence and Economic Growth.’’ appendix A to subpart D, 10 CFR part gas exports. The proposed regulation is Among other things, EO 13783 requires 1021, which applies to rulemakings that intended to expedite DOE’s processing the heads of agencies to review all are strictly procedural. Accordingly, of these applications, thereby reducing existing regulations, orders, guidance neither an EIS nor an EA is required. documents, policies, and any other administrative burdens for the small- D. Regulatory Flexibility Act scale natural gas export market. similar agency actions (collectively, agency actions) that potentially burden The Regulatory Flexibility Act (5 B. Executive Orders 13771, 13777, and the development or use of domestically U.S.C. 601 et seq.) requires preparation 13783 produced energy resources, with of an initial regulatory flexibility On January 30, 2017, the President particular attention to oil, natural gas, analysis for any rule that by law must issued Executive Order 13771, coal, and nuclear energy resources. be proposed for public comment, unless ‘‘Reducing Regulation and Controlling Such review does not include agency the agency certifies that the rule, if Regulatory Costs.’’ That Order stated the actions that are mandated by law, promulgated, will not have a significant policy of the executive branch is to be necessary for the public interest, and economic impact on a substantial prudent and financially responsible in consistent with the policy set forth number of small entities. As required by the expenditure of funds, from both elsewhere in that order. Executive Order 13272, ‘‘Proper public and private sources. The Order Executive Order 13783 defined Consideration of Small Entities in stated it is essential to manage the costs burden for purposes of the review of Agency Rulemaking,’’ 67 FR 53461 associated with the governmental existing regulations to mean to (August 16, 2002), DOE published imposition of private expenditures unnecessarily obstruct, delay, curtail, or procedures and policies on February 19, required to comply with Federal otherwise impose significant costs on 2003, to ensure that the potential regulations. This proposed rule is the siting, permitting, production, impacts of its rules on small entities are expected to be an EO 13771 utilization, transmission, or delivery of properly considered during the deregulatory action. energy resources. rulemaking process (68 FR 7990). DOE Additionally, on February 24, 2017, DOE concludes that this proposed has made its procedures and policies the President issued Executive Order rule is consistent with the directives set available on the Office of General 13777, ‘‘Enforcing the Regulatory forth in these executive orders. Counsel’s Web site: http:// Reform Agenda.’’ The Order required Specifically, this proposed rule would www.gc.doe.gov. the head of each agency designate an require DOE to issue an export DOE has reviewed this proposed rule agency official as its Regulatory Reform authorization upon receipt of any under the provisions of the Regulatory Officer (RRO). Each RRO oversees the complete application that seeks to Flexibility Act and the procedures and implementation of regulatory reform export natural gas, including LNG, to policies published on February 19, initiatives and policies to ensure that non-FTA countries, provided that the 2003. As discussed in the preamble, this agencies effectively carry out regulatory application satisfies the following two proposed rule would require DOE to reforms, consistent with applicable law. criteria: (1) The application proposes to issue an export authorization upon Further, EO 13777 requires the export natural gas in a volume up to and receipt of any complete application that establishment of a regulatory task force including 0.14 Bcf/d, and (2) DOE’s seeks to export natural gas, including at each agency. The regulatory task force approval of the application does not LNG, to non-FTA countries, provided is required to make recommendations to require an EIS or an EA under NEPA. that the application satisfies the the agency head regarding the repeal, DOE proposes that applications that following two criteria: (1) The replacement, or modification of existing satisfy these criteria are requesting application proposes to export natural regulations, consistent with applicable authorization for ‘‘small-scale natural gas in a volume up to and including law. At a minimum, each regulatory gas exports’’ and, as such, the exports 0.14 Bcf/d, and (2) DOE’s approval of reform task force must attempt to are deemed to be consistent with the the application does not require an EIS identify regulations that: public interest under NGA section 3(a). or an EA under NEPA. DOE’s (i) Eliminate jobs, or inhibit job DOE’s regulations regarding notice of regulations regarding notice of creation; applications and procedures conducted applications and procedures conducted (ii) Are outdated, unnecessary, or on applications would no longer apply on applications would no longer apply ineffective; to applications that satisfy these criteria. to applications that satisfy these criteria. (iii) Impose costs that exceed benefits; The proposed regulation would To date, DOE has received—and (iv) Create a serious inconsistency or expedite DOE’s processing of these granted—seven applications to export otherwise interfere with regulatory applications, thereby reducing LNG in volumes below 0.14 Bcf/d of reform initiatives and policies; administrative burdens for the small- natural gas to non-FTA countries (v) Are inconsistent with the scale natural gas export market. (identified in section I.C). Of these requirements of Information Quality seven applicants, two qualify as small Act, or the guidance issued pursuant to C. National Environmental Policy Act businesses under the Small Business that Act, in particular those regulations DOE has determined that Administration’s size standards under that rely in whole or in part on data, promulgation of these regulations fall NAICS 221210, Natural Gas
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Distribution, of 1,000 employees or less. on tribal, state, and local governments. constitutional and statutory authority Because it would streamline the Subsection 101(5) of title I of that law supporting any action that would limit application and approval process for defines a Federal intergovernmental the policymaking discretion of the states small-scale natural gas exports, the mandate to include any regulation that and carefully assess the necessity for proposed rule would not result in a would impose upon tribal, state, or local such actions. DOE has examined this significant economic impact on a governments an enforceable duty, proposed rule and has determined that substantial number of small entities. except a condition of Federal assistance it would not preempt state law and The proposed rule would, however, or a duty arising from participating in a would not have a substantial direct provide greater regulatory certainty for voluntary Federal program. Title II of effect on the states, on the relationship applicants by eliminating the individual that law requires each Federal agency to between the national government and application proceeding and public assess the effects of Federal regulatory the states, or on the distribution of interest evaluation for qualifying actions on tribal, state, and local power and responsibilities among the applications. This, in turn, will both governments, in the aggregate, or to the various levels of government. No further reduce the administrative burden private sector, other than to the extent action is required by Executive Order associated with the application process such actions merely incorporate 13132. and expedite authorization of qualifying requirements specifically set forth in a applications, removing (at a minimum) statute. Section 202 of that title requires I. Executive Order 12988 the opportunity cost of receiving an a Federal agency to perform a detailed With respect to the review of existing application delayed by the current assessment of the anticipated costs and regulations and the promulgation of procedures. benefits of any rule that includes a new regulations, section 3(a) of Therefore, DOE certifies that this Federal mandate which may result in Executive Order 12988, ‘‘Civil Justice rulemaking will not have a significant costs to tribal, state, or local Reform,’’ 61 FR 4729 (February 7, 1996), economic impact on a substantial governments, or to the private sector, of imposes on Executive agencies the number of small entities. Accordingly, $100 million or more in any one year general duty to adhere to the following DOE did not prepare an IRFA for this (adjusted annually for inflation). 2 requirements: (1) Eliminate drafting rulemaking. DOE’s certification and U.S.C. 1532(a) and (b). Section 204 of errors and ambiguity; (2) write supporting statement of factual basis that title requires each agency that regulations to minimize litigation; and will be provided to the Chief Counsel proposes a rule containing a significant (3) provide a clear legal standard for for Advocacy of the Small Business Federal intergovernmental mandate to affected conduct rather than a general Administration for review under 5 develop an effective process for standard and promote simplification U.S.C. 605(b). obtaining meaningful and timely input and burden reduction. With regard to from elected officers of tribal, state, and E. Paperwork Reduction Act the review required by section 3(a), local governments. 2 U.S.C. 1534. section 3(b) of Executive Order 12988 The proposed rule does not change This proposed rule would streamline specifically requires that Executive any requirements subject to review and procedures for small-scale natural gas agencies make every reasonable effort to approval by OMB pursuant to the exports. DOE has determined that the ensure that the regulation: (1) Clearly Paperwork Reduction Act of 1995 (44 proposed rule would not result in the specifies the preemptive effect, if any; U.S.C. 3501 et seq.) and the procedures expenditure by tribal, state, and local (2) clearly specifies any effect on implementing that Act, 5 CFR 1320.1 et governments in the aggregate, or by the existing Federal law or regulation; (3) seq. Current natural gas import and private sector, of $100 million or more provides a clear legal standard for export authorization holders, including in any one year. Accordingly, no affected conduct while promoting any approved under this proposed rule, assessment or analysis is required under simplification and burden reduction; (4) would be subject to the information the Unfunded Mandates Reform Act of specifies the retroactive effect, if any; (5) collection requirements approved by the 1995. Office of Management and Budget under adequately defines key terms; and (6) OMB Control No. 1901–0294. Public G. Treasury and General Government addresses other important issues reporting burden for the certification is Appropriations Act, 1999 affecting clarity and general estimated to average 3 hours per Section 654 of the Treasury and draftsmanship under any guidelines response, including the time for General Government Appropriations issued by the Attorney General. Section reviewing instructions, searching Act, 1999 (Pub. L. 105–277) requires 3(c) of Executive Order 12988 requires existing data sources, gathering and Federal agencies to issue a Family Executive agencies to review regulations maintaining the data needed, and Policymaking Assessment for any in light of applicable standards in completing and reviewing the collection proposed rule that may affect family section 3(a) and section 3(b) to of information. well-being. The proposed rule would determine whether they are met or it is Notwithstanding any other provision not have any impact on the autonomy unreasonable to meet one or more of of the law, no person is required to or integrity of the family as an them. DOE has completed the required respond to, nor shall any person be institution. Accordingly, DOE has review and determined that, to the subject to a penalty for failure to comply concluded that it is not necessary to extent permitted by law, the proposed with, a collection of information subject prepare a Family Policymaking rule meets the relevant standards of to the requirements of the PRA, unless Assessment. Executive Order 12988. that collection of information displays a H. Executive Order 13132 J. Treasury and General Government currently valid OMB Control Number. Appropriations Act, 2001 Executive Order 13132, ‘‘Federalism,’’ F. Unfunded Mandates Reform Act of 64 FR 43255 (August 4, 1999) imposes The Treasury and General 1995 certain requirements on agencies Government Appropriations Act, 2001 The Unfunded Mandates Reform Act formulating and implementing policies (44 U.S.C. 3516 note) provides for of 1995 (Pub. L. 104–4) generally or regulations that preempt state law or agencies to review most disseminations requires Federal agencies to examine that have Federalism implications. of information to the public under closely the impacts of regulatory actions Agencies are required to examine the guidelines established by each agency
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pursuant to general guidelines issued by PART 590—ADMINISTRATIVE the liquefied or compressed equivalent OMB. PROCEDURES WITH RESPECT TO thereof, in a single shipment for OMB’s guidelines were published at THE IMPORT AND EXPORT OF scientific, experimental, or other non- 67 FR 8452 (February 22, 2002), and NATURAL GAS utility gas use without prior DOE’s guidelines were published at 67 authorization of the Assistant Secretary. ■ FR 62446 (October 7, 2002). DOE has 1. The authority citation for part 590 [FR Doc. 2017–18580 Filed 8–31–17; 8:45 am] continues to read as follows: reviewed this proposed rule under the BILLING CODE 6450–01–P OMB and DOE guidelines and has Authority: Secs. 301(b), 402(f), and 644, concluded that it is consistent with Pub. L. 95–91, 91 Stat. 578, 585, and 599 (42 applicable policies in those guidelines. U.S.C. 7151(b), 7172(f), and 7254), Sec. 3, Act DEPARTMENT OF TRANSPORTATION of June 21, 1938, c. 556, 52 Stat. 822 (15 K. Executive Order 13211 U.S.C. 717b); E.O. 12009 (42 FR 46267, Federal Aviation Administration September 15, 1977); DOE Delegation Order Executive Order 13211, ‘‘Actions Nos. 0204–111 and 0204–127 (49 FR 6684, Concerning Regulations That February 22, 1984; 54 FR 11437, March 20, 14 CFR Part 39 Significantly Affect Energy Supply, 1989). [Docket No. FAA–2017–0660; Product Distribution, or Use,’’ 66 FR 28355 (May ■ 2. Section 590.102 is amended by: Identifier 2017–NE–21–AD] 22, 2001) requires Federal agencies to ■ a. Redesignating paragraph (p) as RIN 2120–AA64 prepare and submit to the OMB, a paragraph (q), respectively; Statement of Energy Effects for any ■ b. Adding new paragraph (p). Airworthiness Directives; General proposed significant energy action. A The revisions to read as follows: Electric Company Turbofan Engines ‘‘significant energy action’’ is defined as any action by an agency that § 590.102 Definitions. AGENCY: Federal Aviation promulgated or is expected to lead to * * * * * Administration (FAA), DOT. promulgation of a final rule, and that: (p) Small-scale natural gas export ACTION: Notice of proposed rulemaking (1) Is a significant regulatory action means an export of natural gas to (NPRM). under Executive Order 12866, or any nations with which there is not in effect successor order; and (2) is likely to have a free trade agreement with the United SUMMARY: We propose to adopt a new a significant adverse effect on the States requiring national treatment for airworthiness directive (AD) for certain supply, distribution, or use of energy, or trade in natural gas and with which General Electric Company (GE) GEnx– (3) is designated by the Administrator of trade is not prohibited by U.S. law or 1B64/P2, –1B67/P2, –1B70/P2, –1B70/ OIRA as a significant energy action. For policy, provided that the application for 75/P2, –1B70C/P2, and –1B74/75/P2 any proposed significant energy action, such export authority satisfies the turbofan engines. This proposed AD was the agency must give a detailed following two criteria: prompted by a report of the failure of statement of any adverse effects on (1) The application proposes to export the high-pressure turbine (HPT) stage 1 energy supply, distribution, or use natural gas in a volume up to and blade retainer and subsequent in-flight should the proposal be implemented, including 0.14 billion cubic feet per shutdown of the engine. This proposed and of reasonable alternatives to the day, and AD would require inspection of the HPT action and their expected benefits on (2) DOE’s approval of the application stage 1 blade retainer. We are proposing energy supply, distribution, and use. does not require an environmental this AD to address the unsafe condition For the reasons discussed in section impact statement or an environmental on these products. II.C, this regulatory action would not assessment under the National DATES: We must receive comments on have a significant adverse effect on the Environmental Policy Act, 42 U.S.C. this proposed AD by October 16, 2017. supply, distribution, or use of energy, 4321 et seq. ADDRESSES: You may send comments, and therefore is not a significant energy * * * * * using the procedures found in 14 CFR action. Accordingly, DOE has not ■ 3. Section 590.208 is revised to read 11.43 and 11.45, by any of the following prepared a Statement of Energy Effects. as follows: methods: • Federal eRulemaking Portal: Go to IV. Approval of the Office of the § 590.208 Small volume exports. Secretary http://www.regulations.gov. Follow the (a) Small-scale natural gas exports. instructions for submitting comments. The Secretary of Energy has approved Small-scale natural gas exports are • Fax: 202–493–2251. the publication of this proposed rule. deemed to be consistent with the public • Mail: U.S. Department of interest under section 3(a) of the Natural Transportation, Docket Operations, M– List of Subjects in 10 CFR Part 590 Gas Act, 15 U.S.C. 717b(a). DOE will 30, West Building Ground Floor, Room Administrative practice and issue an export authorization upon W12–140, 1200 New Jersey Avenue SE., procedure, Exports, Natural gas, receipt of any complete application to Washington, DC 20590. Reporting and recordkeeping conduct small-scale natural gas exports. • Hand Delivery: Deliver to Mail requirements. DOE’s regulations regarding notice of address above between 9 a.m. and 5 applications, 10 CFR 590.205, and p.m., Monday through Friday, except Issued in Washington, DC, on August 25, 2017. procedures applicable to application Federal holidays. proceedings, 10 CFR part 590, subpart C For service information identified in Robert J. Smith, (10 CFR 590.303 to 10 CFR 590.317), are this NPRM, contact General Electric Acting Assistant Secretary, Office of Fossil not applicable to small-scale natural gas Company, GE-Aviation, Room 285, 1 Energy. exports. Neumann Way, Cincinnati, OH 45215, For the reasons stated in the (b) Scientific, experimental, or other phone: 513–552–3272; fax: 513–552– preamble, DOE proposes to amend part non-utility natural gas exports. Any 3329; email: [email protected]. You may 590, chapter II of title 10, subchapter G, person may export up to 100,000 cubic view this service information at the Code of Federal Regulations as set forth feet of natural gas (14.73 pounds per FAA, Engine and Propeller Standards below: square inch at 60 degrees Fahrenheit) or Branch, Policy and Innovation Division,
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1200 District Avenue, Burlington, MA. Comments Invited Related Service Information Under 1 For information on the availability of CFR Part 51 this material at the FAA, call 781–238– We invite you to send any written relevant data, views, or arguments about We reviewed GE Service Bulletin (SB) 7125. this proposal. Send your comments to GEnx–1B SB 72–0326 R02, dated Examining the AD Docket an address listed under the ADDRESSES August 16, 2017. The SB describes section. Include ‘‘Docket No. FAA– procedures for piece-part inspection of You may examine the AD docket on 2017–0660; Directorate Identifier 2017– the HPT stage 1 blade retainer. This the Internet at http:// NE–21–AD’’ at the beginning of your service information is reasonably www.regulations.gov by searching for comments. We specifically invite available because the interested parties and locating Docket No. FAA–2017– comments on the overall regulatory, have access to it through their normal 0660; or in person at the Docket economic, environmental, and energy course of business or by the means Management Facility between 9 a.m. aspects of this NPRM. We will consider identified in the ADDRESSES section. and 5 p.m., Monday through Friday, all comments received by the closing FAA’s Determination except Federal holidays. The AD docket date and may amend this NPRM contains this NPRM, the regulatory because of those comments. We are proposing this AD because we evaluated all the relevant information evaluation, any comments received, and We will post all comments we other information. The street address for and determined the unsafe condition receive, without change, to http:// described previously is likely to exist or the Docket Office (phone: 800–647– www.regulations.gov, including any develop in other products of the same 5527) is in the ADDRESSES section. personal information you provide. We type design. Comments will be available in the AD will also post a report summarizing each docket shortly after receipt. substantive verbal contact we receive Proposed AD Requirements about this NPRM. FOR FURTHER INFORMATION CONTACT: This proposed AD would require Christopher McGuire, Aerospace Discussion inspection of the HPT stage 1 blade Engineer, FAA, ECO Branch, retainer. We learned of the failure of an HPT Compliance and Airworthiness Costs of Compliance Division, 1200 District Avenue, stage 1 blade retainer that resulted in an Burlington, MA 01803; phone: 781– in-flight shutdown of the engine. This We estimate that this proposed AD 238–7120; fax: 781–238–7199; email: condition, if not corrected, could result affects 11 engines installed on airplanes in failure of one or more engines, loss of U.S. registry. [email protected]. of thrust control, and damage to the We estimate the following costs to SUPPLEMENTARY INFORMATION: airplane. comply with this proposed AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Inspection of the HPT stage 1 blade retainer 1 work-hour × $85 per hour = $85 ...... $0 $85 $935
Authority for This Rulemaking as authorized by FAA Order 8000.51C. (2) Is not a ‘‘significant rule’’ under In accordance with that order, issuance Title 49 of the United States Code the DOT Regulatory Policies and of ADs is normally a function of the specifies the FAA’s authority to issue Procedures (44 FR 11034, February 26, Compliance and Airworthiness rules on aviation safety. Subtitle I, 1979), Division, but during this transition section 106, describes the authority of (3) Will not affect intrastate aviation period, the Executive Director has the FAA Administrator. Subtitle VII: in Alaska to the extent that it justifies delegated the authority to issue ADs Aviation Programs, describes in more making a regulatory distinction, and applicable to engines, propellers, and detail the scope of the Agency’s appliances to the Manager, Engine and (4) Will not have a significant authority. Propeller Standards Branch, Policy and economic impact, positive or negative, We are issuing this rulemaking under Innovation Division. on a substantial number of small entities the authority described in Subtitle VII, under the criteria of the Regulatory Part A, Subpart III, Section 44701: Regulatory Findings Flexibility Act. ‘‘General requirements.’’ Under that We determined that this proposed AD section, Congress charges the FAA with List of Subjects in 14 CFR Part 39 promoting safe flight of civil aircraft in would not have federalism implications air commerce by prescribing regulations under Executive Order 13132. This Air transportation, Aircraft, Aviation for practices, methods, and procedures proposed AD would not have a safety, Incorporation by reference, the Administrator finds necessary for substantial direct effect on the States, on Safety. the relationship between the national safety in air commerce. This regulation The Proposed Amendment is within the scope of that authority Government and the States, or on the distribution of power and because it addresses an unsafe condition Accordingly, under the authority that is likely to exist or develop on responsibilities among the various levels of government. delegated to me by the Administrator, products identified in this rulemaking the FAA proposes to amend 14 CFR part action. For the reasons discussed above, I 39 as follows: This AD is issued in accordance with certify this proposed regulation: authority delegated by the Executive (1) Is not a ‘‘significant regulatory Director, Aircraft Certification Service, action’’ under Executive Order 12866,
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PART 39—AIRWORTHINESS transportation or for replacing the fan or regulations governing the VA’s Veteran- DIRECTIVES propulsor, without subsequent maintenance, Owned Small Business (VOSB) does not constitute an engine shop visit. Verification Program. The Verification ■ 1. The authority citation for part 39 (h) Alternative Methods of Compliance Program has been the subject of reports continues to read as follows: (AMOCs) from both the Government Authority: 49 U.S.C. 106(g), 40113, 44701. (1) The Manager, FAA, ECO Branch, Accountability Office and VA’s Office of Compliance and Airworthiness Division, has Inspector General stating that despite § 39.13 [Amended] the authority to approve AMOCs for this AD, VA’s Verification Program, fraud still ■ 2. The FAA amends § 39.13 by adding if requested using the procedures found in 14 exists in the Veterans First Contracting the following new airworthiness CFR 39.19. In accordance with 14 CFR 39.19, Program. Some stakeholder feedback directive (AD): send your request to your principal inspector has been that the current regulation is or local Flight Standards District Office, as too open to interpretation and is General Electric Company: Docket No. FAA– appropriate. If sending information directly 2017–0660; Product Identifier 2017–NE– to the manager of the ECO Branch, send it to unnecessarily more rigorous than 21–AD. the attention of the person identified in similar certification programs run by the (a) Comments Due Date paragraph (i)(1) of this AD. You may email United State Small Business your request to: [email protected]. Administration (SBA). We must receive comments by October 16, (2) Before using any approved AMOC, The proposed rule sought to clarify 2017. notify your appropriate principal inspector, the eligibility requirements for (b) Affected ADs or lacking a principal inspector, the manager businesses to obtain ‘‘verified’’ status, None. of the local flight standards district office/ added and revised definitions, certificate holding district office. reordered requirements, redefined the (c) Applicability (i) Related Information definition of ‘‘control,’’ and provided This AD applies to General Electric explanatory information on VA’s Company (GE) GEnx–1B64/P2, –1B67/P2, (1) For more information about this AD, contact Christopher McGuire, Aerospace examination and review processes and –1B70/P2, –1B70/75/P2, –1B70C/P2, and procedures. The proposed rule –1B74/75/P2 turbofan engines, with a high- Engineer, FAA, ECO Branch, Compliance and pressure turbine (HPT) stage 1 blade retainer, Airworthiness Division, 1200 District additionally sought to implement new part number (P/N) 2445M91P01 or Avenue, Burlington, MA 01803; phone: 781– changes to community property 2383M99P02, with a serial number listed in 238–7120; fax: 781–238–7199; email: restrictions, unconditional ownership, Planning Information, paragraph 1.A., of GE [email protected]. and day-to-day requirements and full- GEnx–1B Service Bulletin (SB) 72–0326 R02, (2) GE GEnx–1B SB 72–0326 R02, dated time requirements. An exception for dated August 16, 2017. August 16, 2017, can be obtained from GE using the contact information in paragraph majority, supermajority, unanimous, (d) Subject (i)(3) of this AD. and other voting provisions for extraordinary business decisions were Joint Aircraft System Component (JASC) (3) For service information identified in Code 7250, Turbine Section. this proposed AD, contact General Electric also proposed. Company, GE-Aviation, Room 285, 1 Comments to the proposed rule were (e) Unsafe Condition Neumann Way, Cincinnati, OH 45215, to be provided to the Office of Small This AD was prompted by a report of the phone: 513–552–3272; fax: 513–552–3329; and Disadvantaged Business Utilization failure of the high-pressure turbine (HPT) email: [email protected]. on or before January 5, 2016. Due to the stage 1 blade retainer and subsequent in- (4) You may view this service information nature of the adverse comments flight shutdown of the engine. We are issuing at the FAA, Engine and Propeller Standards received, VA has determined not to this AD to prevent failure of the HPT stage Branch, Policy and Innovation Division, 1200 District Avenue, Burlington, MA. For pursue implementation of the rule as 1 blade retainer. The unsafe condition, if not originally proposed. Accordingly, this corrected, could result in failure of one or information on the availability of this more engines, loss of thrust control, and material at the FAA, call 781–238–7125. document withdraws the proposed rule. damage to the airplane. Issued in Burlington, Massachusetts, on DATES: The proposed rule published on November 6, 2015, 80 FR 68795 is (f) Compliance August 29, 2017. withdrawn as of September 1, 2017. Comply with this AD within the Robert J. Ganley, FOR FURTHER INFORMATION CONTACT: Tom compliance times specified, unless already Manager, Engine and Propeller Standards done. Branch, Aircraft Certification Service. Leney, Executive Director, Office of (1) At the next engine shop visit after the [FR Doc. 2017–18571 Filed 8–31–17; 8:45 am] Small and Disadvantaged Business effective date of this AD, perform a one-time BILLING CODE 4910–13–P Utilization, Department of Veterans inspection of the HPT stage 1 blade retainer. Affairs, 810 Vermont Ave. NW., Use the Accomplishment Instructions, Washington, DC 20420; (202) 462–4300. paragraph 3.A.(1), in GE GEnx–1B SB 72– (This is not a toll-free number.) 0326 R02, dated August 16, 2017, to do the DEPARTMENT OF VETERANS AFFAIRS SUPPLEMENTARY INFORMATION: In the inspection. proposed rule published in the Federal (2) If any cracks are found in the HPT stage 1 blade retainer, or the retainer does not meet 38 CFR Part 74 Register on November 6, 2015, 80 FR 68795, VA sought to amend 38 CFR part the dimensional criteria found in the RIN 2900–AO63 Accomplishment Instructions, paragraph 74 to find an appropriate balance 3.A.(1), in GEnx–1B SB 72–0326 R02, dated VA Veteran-Owned Small Business between preventing fraud in the August 16, 2017, replace with a part eligible Verification Guidelines Veterans First Contracting Program and for installation. providing a process that would make it (g) Definition AGENCY: Department of Veterans Affairs. easier for more VOSBs to become verified. For the purpose of this AD, an ‘‘engine ACTION: Withdrawal of proposed rule. shop visit’’ is the induction of an engine into VA received 203 comments from 96 the shop for maintenance involving the SUMMARY: The Department of Veterans commenters. 134 of these comments separation of pairs of major mating engine Affairs (VA) published a rule in the were adverse to the proposed rule and case flanges, except separation of engine Federal Register on November 6, 2015, VA’s verification program in general. Of flanges solely for the purposes of 80 FR 68795 that proposed amending its the 134 adverse comments, several were
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material comments which VA has commenter, SBA, commented that period, VA is withdrawing the proposed accepted. ‘‘Section 74.2(b) of the proposed rule. SBA, Office of Advocacy, objected to regulation would seem to deny an Signing Authority the proposed rule on various grounds applicant due process of law . . . [and] including that it fails to provide an . . . would seem to indicate that if an The Secretary of Veterans Affairs, or adequate basis in its Regulatory applicant is formally accused of an designee, approved this document and Flexibility Act (RFA) certification offense, that person is not eligible for authorized the undersigned to sign and concerning the proposed rule’s impact Vet Biz Verification.’’ Another submit the document to the Office of the on small business entities. VA’s RFA commenter stated ‘‘I would . . . Federal Register for publication language provided that ‘‘VA estimates question if being ‘formally accused’ and electronically as an official document of the cost to an individual business to be not actually proven guilty of any crime, the Department of Veterans Affairs. Gina less than $100.00 for 70–75 percent of is proper.’’ After considering these and S. Farrisee, Deputy Chief of Staff, the businesses seeking verification, and other similar comments, VA seeks to Department of Veterans Affairs, the average cost to the entire population remove the portion of the proposed rule approved this document on June 23, of veterans seeking to become verified is prescribing the immediate removal of 2017, for publication. less than $325.00 on average.’’ In its companies, under certain Approved: June 23, 2017. comment, SBA stated that ‘‘[o]ne of the circumstances, prior to allowing such Jeffrey Martin, most important provisions with the RFA affected company a chance to refute the requires that the promulgating agency allegations. Office Program Manager, Office of Regulation give the public some idea of the number Six comments were lodged Policy & Management, Office of the Secretary, Department of Veterans Affairs. of small entities that any proposed rule complaining that the increase of the will impact. VA’s proposed certification waiting period following a denial of [FR Doc. 2017–18543 Filed 8–31–17; 8:45 am] does not provide any indication of the verification from 6 months to 12 months BILLING CODE 8320–01–P number of small businesses that may be does not (i) benefit the Veteran, (ii) is impacted by the proposed change.’’ unnecessarily long, and (iii) punitive in After considering this comment, VA nature. One commenter stated that FEDERAL COMMUNICATIONS procured a survey to better demonstrate ‘‘extending the waiting period from six COMMISSION that the proposed rule would not have to 12 months does not allow sufficient a significant economic impact on a time for ineligible concerns to address 47 CFR Parts 1, 22, 24, 27, 30, 74, 80, substantial number of small business significant issues’’ any more than the 90, 95, and 101 entities. current rule does. The current rule SBA also objected to the proposed requires a minimum wait of six [WT Docket No. 10–112; FCC 17–105] rule to the extent that it failed to months—if issues require more time to Amendment of the Commission’s provide statutory or other legal address, the eligible veteran can make Rules To Establish Uniform License authority following each cited that determination and simply wait 12 Renewal, Discontinuance of Operation, substantive provision. SBA, in its months—or 16 months—to reapply. and Geographic Partitioning and comment, stated that the proposed rule Second, the extended wait time will not Spectrum Disaggregation Rules and does not comply with 38 U.S.C. 501 in incentivize applicants to avail Policies for Certain Wireless Radio that the proposed rule does not ‘‘contain themselves of CVE resources. In fact, Services citations to the particular section or lengthening the wait period will result sections of statutory law or other legal in lost momentum and is described in AGENCY: Federal Communications authority upon which such issuance is the preamble as a form of punishment Commission. based.’’ After considering the SBA’s for veterans that do not use CVE ACTION: Proposed rule. comment, VA seeks to withdraw the resources. VA should not take this proposed rule and to republish at a later approach. Finally, the program will be SUMMARY: In this document, the Federal date to ensure that each substantive no more efficient in the long run with Communications Commission seeks revision is followed immediately by a 12 month waiting period. Applications additional comment on a range of supporting statutory or other legal from concerns that are denied or possible actions that may advance the authority. cancelled will not decrease, they will Commission’s goal of increasing the Fourteen comments spoke to potential only be filed in 12 months rather than number of rural Americans with access violations of due process through the in six.’’ After considering these and to wireless communications services. In immediate removal of a company other similar comments, VA seeks to order to encourage investment in without allowing the company an withdraw the portion of the proposed wireless networks, facilitate access to opportunity to refute the allegations, rule that increases the waiting period scarce spectrum resources, and promote such as owners accused of criminal from 6 to 12 months, following a denial the rapid deployment of mobile services offenses. The proposed amendment to of verification. to rural Americans, the Commission 38 CFR 74.2(b) provides that VA understands that in order to seeks comment on additional, ‘‘[i]ndividuals having an ownership or proceed forward without withdrawing reasonable construction obligations control interest in VetBiz verified the proposed rule and republishing, the during renewal terms that are targeted to businesses must have good character. proposed modifications to the proposed reach rural areas that lack adequate Concerns owned or controlled by a rule must be considered a logical service. person(s) who is formally accused of a outgrowth. Considering the extent of the crime involving business integrity are revisions as outlined in this publication DATES: Interested parties may file ineligible for VetBiz VIP Verification. If, and that VA proposes to include comments on or before October 2, 2017, after verifying a participant’s eligibility additional modifications to the rule, it is and reply comments on or before the person(s) controlling the participant unlikely that the proposed rule as October 31, 2017. is found to lack good character, CVE modified would be considered a logical ADDRESSES: You may submit comments, will remove the participant from the VIP outgrowth. Because of the adverse identified by WT Docket No. 10–112, by database immediately . . .’’ One comments received during the comment any of the following methods:
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• Electronic Filers: Comments may be 2017. The complete text of the FNPRM Synopsis filed electronically using the Internet by is available for viewing via the I. Introduction accessing the Commission’s Electronic Commission’s ECFS Web site by Comment Filing System (ECFS): http:// entering the docket number, WT Docket The FNPRM seeks comment on a fjallfoss.fcc.gov/ecfs2/. See Electronic No. 10–112. The complete text of the range of possible actions that may advance the Commission’s goal of Filing of Documents in Rulemaking FNPRM is also available for public increasing the number of rural Proceedings, 63 FR 24121 (1998). inspection and copying from 8:00 a.m. • Americans with access to wireless Paper Filers: Parties who choose to to 4:30 p.m. Eastern Time (ET) Monday file by paper must file an original and communications services. A core through Thursday or from 8:00 a.m. to Commission goal is to facilitate access one copy of each filing. Generally if 11:30 a.m. ET on Fridays in the FCC more than one docket or rulemaking to scarce spectrum resources and ensure Reference Information Center, 445 12th that wireless communication networks number appears in the caption of this Street SW., Room CY–B402, proceeding, filers must submit two are widely deployed so that every Washington, DC 20554, telephone 202– American, regardless of location, can additional copies for each additional 488–5300, fax 202–488–5563. docket or rulemaking number. benefit from a variety of Commenters are only required to file This proceeding shall continue to be communications offerings made copies in GN Docket No. 13–111. treated as a ‘‘permit-but-disclose’’ available by Commission licensees. In • Filings can be sent by hand or proceeding in accordance with the pursuit of that goal, the Commission messenger delivery, by commercial Commission’s ex parte rules (47 CFR has, through various service overnight courier, or by first-class or 1.1200 et seq.). Persons making ex parte rulemakings, created flexible-use overnight U.S. Postal Service mail. All presentations must file a copy of any geographic licenses and established filings must be addressed to the written presentation or a memorandum initial term construction obligations Commission’s Secretary, Office of the summarizing any oral presentation tailored to specific bands, many of which were adopted with the stated Secretary, Federal Communications within two business days after the intent of promoting service in rural Commission. presentation (unless a different deadline • All hand-delivered or messenger- areas. applicable to the Sunshine period Although the Commission’s efforts delivered paper filings for the applies). Persons making oral ex parte have facilitated the rapid development Commission’s Secretary must be presentations are reminded that of a wide variety of wireless services delivered to FCC Headquarters at 445 memoranda summarizing the over the past decade, there remains a 12th St. SW., Room TW–A325, presentation must (1) list all persons real and growing digital divide between Washington, DC 20554. The filing hours attending or otherwise participating in rural and urban areas in the United are 8:00 a.m. to 7:00 p.m. All hand the meeting at which the ex parte States. While the construction deliveries must be held together with presentation was made, and (2) obligations associated with geographic rubber bands or fasteners. Any summarize all data presented and licenses are intended to encourage wide envelopes and boxes must be disposed arguments made during the deployment of wireless networks, those of before entering the building. presentation. If the presentation obligations require licensees to provide • Commercial overnight mail (other consisted in whole or in part of the service to only portions of the license than U.S. Postal Service Express Mail presentation of data or arguments area, not the entire area. Even the and Priority Mail) must be sent to 9300 already reflected in the presenter’s Commission’s most aggressive initial East Hampton Drive, Capitol Heights, written comments, memoranda or other term construction obligation, which MD 20743. • filings in the proceeding, the presenter requires licensees to cover 70 percent of U.S. Postal Service first-class, the geographic area of the license, likely Express, and Priority mail must be may provide citations to such data or arguments in his or her prior comments, leaves significant portions of rural addressed to 445 12th Street SW., America, where deployment costs may Washington, DC 20554. memoranda, or other filings (specifying the relevant page and/or paragraph be higher and demand lower, without People with Disabilities: To request meaningful mobile coverage. In materials in accessible formats for numbers where such data or arguments can be found) in lieu of summarizing addition, the Commission’s current people with disabilities (Braille, large rules do not require any additional print, electronic files, audio format), them in the memorandum. Documents shown or given to Commission staff construction after the initial license send an email to [email protected] or call term—that is, during subsequent during ex parte meetings are deemed to the Consumer & Governmental Affairs renewal terms. Bureau at 202–418–0530 (voice), 202– be written ex parte presentations and Therefore, in order to encourage 418–0432 (TTY). must be filed consistent with rule investment in wireless networks, FOR FURTHER INFORMATION CONTACT: 1.1206(b). In proceedings governed by facilitate access to scarce spectrum Anna Gentry, [email protected], of rule 1.49(f) or for which the resources, and promote the rapid the Wireless Telecommunications Commission has made available a deployment of mobile services to rural Bureau, Mobility Division, (202) 418– method of electronic filing, written ex Americans, the FNPRM seeks comment 2887. For additional information parte presentations and memoranda on whether additional, reasonable concerning the PRA information summarizing oral ex parte construction obligations during renewal collection requirements contained in presentations, and all attachments terms that are targeted to reach rural this document, contact Cathy Williams thereto, must be filed through the areas that lack adequate service would at (202) 418–2918 or send an email to electronic comment filing system help achieve the Commission’s goals. [email protected]. available for that proceeding, and must The FNPRM seeks comment on three SUPPLEMENTARY INFORMATION: This is a be filed in their native format (e.g., .doc, methods for applying any such summary of the Commission’s Further .xml, .ppt, searchable .pdf). Participants obligations: (1) Applying any new Notice of Proposed Rulemaking in this proceeding should familiarize obligations on a prospective basis only (FNPRM) in WT Docket No. 10–112, themselves with the Commission’s ex to new licenses issued in the future; (2) FCC 17–105, released on August 3, parte rules. establishing an ‘‘opt-in’’ framework to
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facilitate additional buildout; or (3) In order to create incentives for Commission’s rules that might reduce applying any new obligations additional license construction, regulatory burdens to improve the prospectively to all existing and future including investment in rural areas, the renewal process and facilitate the licensees of flexible geographic licenses. FNPRM seeks comment on appropriate efficient allocation and use of spectrum. In the event the Commission adopts penalties should licensees fail to meet The FNPRM seeks comment on whether construction obligations beyond a those obligations. First, the FNPRM it may be appropriate to extend the licensee’s initial term requirements— seeks comment on the ‘‘keep-what-you- license term, upon renewal, of subject whether on the opt-in or mandatory serve’’ penalty for failure whereby a licenses. For example, a 10-year license basis described above—the FNPRM licensee’s authorization would term could be extended to 15 years, as seeks comment on the obligations that terminate automatically for those an alternative to or in combination with would be most effective to achieve the geographic portions of its license area in any other approach to the timeframe for Commission’s goals. Specifically, the which the licensee is not providing implementation. In addition, Verizon FNPRM seeks comment on an additional service as of the construction deadline, proposed that the Commission ‘‘adopt a construction obligation beyond a and those unserved areas would be presumption that band-specific service licensee’s initial term construction returned to the Commission’s inventory rules or conditions will sunset at obligations, under which the licensee for reassignment. Second, the FNPRM renewal, absent an affirmative finding would be required to exceed its original seeks comment on a ‘‘use or offer’’ that they are necessary in the public construction metric by an additional 10 penalty whereby a licensee that fails to interest.’’ The FNPRM seeks comment percent in the next full renewal term, meet its construction obligation would on what types of rules or conditions followed by incremental increases of retain its entire license area, but would should be included under Verizon’s five or 10 percent in subsequent renewal be required to negotiate in good faith proposed sunset presumption, including terms. The FNPRM also seeks comment with any third party seeking to acquire specific examples, and whether there on other, targeted construction or lease spectrum in the unserved areas are categories of regulations that should obligations that might achieve the of the license. Third, the FNPRM seeks be excluded from any sunset-at-renewal Commission’s goal of expanded comment on a penalty resulting in total presumption. coverage with respect to spectrum bands loss of the license or a reduction in used to provide service to consumers. In license area, including loss of areas that II. Procedural Matters light of the wide variety of flexible the licensee serves. Finally, the FNPRM Initial Regulatory Flexibility Act geographic licenses and their potential seeks comment generally on other Analysis uses, the FNPRM seeks comment on penalties, including forfeitures, that whether to apply any additional could be used as alternatives to, or in As required by the Regulatory renewal term construction obligations to combination with, those described Flexibility Act of 1980 (5 U.S.C. 603), all flexible geographic licenses, or above. the Commission has prepared an Initial whether certain types of licenses should In the event that the Commission Regulatory Flexibility Analysis (IRFA) be excluded. Similarly, the FNPRM ultimately adopts penalties that result in of the possible significant economic seeks comment on whether any the return of whole or partial licenses to impact on small entities of the policies additional renewal term obligations the Commission’s inventory for and rules proposed in this document. should vary depending on the type of reassignment, the FNPRM seeks We request written public comment on license, or the specific band, to which comment on various approaches for the IRFA. Comments must be filed in they would apply, and, if so, why those relicensing unused spectrum. First, the accordance with the same deadlines as obligations should vary. FNPRM seeks comment on applying a comments filed in response to the In the event the Commission adopts two-phased on-demand relicensing FNPRM as set forth on the first page of additional construction obligations for approach, such as the framework this document, and have a separate and license renewal terms, the FNPRM seeks established by the Commission in the distinct heading designating them as comment on various implementation 700 MHz Second Report and Order, responses to the IRFA. The issues. First, the FNPRM seeks comment under which interested parties would be Commission’s Consumer and on requiring licensees to meet the allowed to file applications to serve any Governmental Affairs Bureau, Reference additional construction obligations at amount of available unserved area. Information Center, will send a copy of the end of the next full renewal license Under the framework established there, the FNPRM, including the IRFA, to the term. As an alternative, the FNPRM there is a 30-day Phase 1 filing window Chief Counsel for Advocacy of the Small seeks comment on requiring licensees to during which only the failing licensee is Business Administration. satisfy at least some additional renewal barred, followed by a Phase 2 window, Initial Paperwork Reduction Act term construction obligations by a which is open to all interested parties, Analysis certain number of years into their including the failing licensee, and runs renewal term, e.g., five years into a ten- until all unserved areas in the market The FNPRM contains proposed new year renewal term. The FNPRM seeks are relicensed. In the alternative, the information collection requirements. comment on these and any other FNPRM seeks comment on relicensing The Commission, as part of its considerations concerning the spectrum for unserved areas through a continuing effort to reduce paperwork timeframe for implementation that will re-auction framework that would offer burdens, invites the general public and most effectively facilitate rapid all remaining unserved areas in the OMB to comment on the information deployment of wireless communications license together in a single auction. the collection requirements contained in services to rural areas. The FNPRM also FNPRM seeks comment on the this document, as required by PRA. In seeks comment on possible renewal respective costs and benefits of both addition, pursuant to the Small reporting obligations that could provide approaches to relicensing and any Business Paperwork Relief Act of 2002, insights into the adoption and additional or alternative conditions that Public Law 107–198, see 44 U.S.C. affordability of services being provided might serve our rural coverage 3506(c)(4), the Commission seeks by wireless carriers and that may help objectives. specific comment on how it might achieve our goal of closing the digital Finally, the FNPRM seeks comment ‘‘further reduce the information divide, particularly in rural areas. on other possible changes to the collection burden for small business
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concerns with fewer than 25 during normal business hours in the the white spaces databases to receive employees.’’ FCC Reference Center (Room CY–A257), interference protection from unlicensed Federal Communications Commission. 445 12th Street SW., Washington, DC white space devices in the TV bands at Katura Jackson, 20554. The full text may also be specified locations when these events/ downloaded at: http://transition.fcc.gov/ productions are performed. Federal Register Liaison Officer, Office of the Daily_Releases/Daily_Business/2017/ 3. In providing for this limited Secretary. db0714/FCC-17-95A1.pdf. expansion of license eligibility, the [FR Doc. 2017–18500 Filed 8–31–17; 8:45 am] People with Disabilities: To request Commission explained that these BILLING CODE 6712–01–P materials in accessible formats for particular entities share the need of the people with disabilities (braille, large other eligible entities for regular and print, electronic files, audio format), reliable high quality audio services that FEDERAL COMMUNICATIONS send an email to [email protected] or call are free from interference, and often COMMISSION the Consumer & Governmental Affairs require a large number of wireless 47 CFR Part 74 Bureau at 202–418–0530 (voice), 202– microphones to meet their needs. In 418–0432 (tty). particular, the Commission concluded [GN Docket No. 14–166, ET Docket No. 14– that professional sound companies and Synopsis 165, GN Docket No. 12–268: FCC 17–95] venues that routinely use 50 or more 1. Background. As an alternative to its wireless microphones at events/ Promoting Spectrum Access for request for reinstatement of a productions generally have the same Wireless Microphone Operations reservation system for certain needs for interference protection as AGENCY: Federal Communications unlicensed wireless microphone users, existing part 74 wireless microphone Commission. wireless microphone manufacturer licensees, particularly given the Shure requested in its petition for ACTION: Proposed rule. spectrum requirements associated with reconsideration of the Commission’s use of a large number of wireless SUMMARY: In this document, the 2015 Wireless Microphones R&O, 80 FR microphones. The Commission found Commission proposes to permit 71702, November 17, 2015, that the that these types of professional users professional theater, music, performing Commission provide a more limited have experience in coordinating arts, or similar organizations that reservation system that would make wireless microphone uses among operate wireless microphones on an registration for interference protection themselves at venues or events, even in unlicensed basis and that meet certain for wireless microphone users in the TV congested markets, and have similar criteria to obtain a license to operate in bands available in special circumstances needs to existing part 74 wireless the TV bands (and the 600 MHz service requiring a high degree of reliability for microphone licensees, and concluded band during the post-auction transition a user that does not typically use 50 or that routine use of 50 microphones was period), thereby allowing them to more microphones. Shure pointed out a reasonable threshold for identifying register in the white spaces databases that recent Commission decisions, entities that are more likely to require for interference protection from including the elimination of two interference protection in order to unlicensed white space devices at ‘‘reserved’’ TV channels for wireless ensure high quality audio services. venues where their events/productions microphones in the TV bands following 4. In the 2015 Wireless Microphones are performed. In addition, the the incentive auction, has resulted in R&O, the Commission adopted various Commission proposes to permit these unlicensed wireless microphone users revisions in with regard to licensed same users, based on demonstrated having access to fewer vacant TV wireless microphone operations under need, also to obtain a license to operate channels that would be free from the part 74 LPAS rules. With respect to on other bands available for use by interference from white space devices. the TV bands, it revised the rules to wireless microphone licensees provided 2. Under the Commission’s part 74 provide more opportunities for licensed that they meet the applicable Low Power Auxiliary Stations (LPAS) wireless microphone users to access requirements for operating in those rules, licensed operations of wireless spectrum by allowing greater use of bands. This proposed action promotes microphones are permitted on the TV VHF channels, and by providing for the Commission’s goal of band frequencies on a secondary, non- closer co-channel operation without the accommodating wireless microphone exclusive basis, with license eligibility need for coordination where the users’ needs through access to spectrum restricted to a limited set of specified licensed wireless microphone user resources following the incentive entities. Prior to 2014, eligibility was determines that the TV signals fell auction and reconfiguration of the TV restricted to licensees of radio and below a specified threshold (such that bands. broadcast television stations, broadcast wireless microphone operations would television network entities, certain cable pose little risk of causing harmful DATES: Comments are due October 2, television system operators, and motion interference to TV service). The 2017. Reply comments are due October picture and television program Commission also expanded eligibility 16, 2017. producers. In the TV Bands Wireless for licensed use of the 600 MHz duplex FOR FURTHER INFORMATION CONTACT: Paul Microphones Second R&O, 79 FR 40680, gap to all entities eligible to hold part Murray, Office of Engineering and July 14, 2014, the Commission provided 74 wireless microphone licenses for Technology, 202–418–0688, for a limited expansion of eligibility using TV band spectrum. In addition, [email protected]. under part 74, Subpart H, to include outside of the TV bands the Commission SUPPLEMENTARY INFORMATION: This is a professional sound companies and opened up additional portions of the summary of the Commission’s Further venues that routinely use 50 or more 900 MHz band (portions of the 941–944 Notice of Proposed Rulemaking, GN wireless microphones for major events/ MHz and 952–960 MHz bands on each Docket No. 14–166, ET Docket No. 14– productions where use of such devices side of the 944–952 MHz band), as well 165, GN Docket No 12–268, FCC 17–95, is an integral part of these events/ as portions of the 1435–1525 MHz band adopted July 13, 2017, and released July productions. When using frequencies in (with special equipment and 14, 2017. The full text of this document the TV bands, these licensed wireless coordination requirements) and the is available for inspection and copying microphone users may also register with 6875–7125 MHz band, to permit use by
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licensed wireless microphone other spectrum bands available to part Commission is proposing only a limited operations on a secondary basis under 74 wireless microphone licensees, expansion of eligibility that strikes an specified conditions. including portions of the 900 MHz, appropriate balance in expanding 5. On April 13, 2017, the broadcast 1435–1525 MHz, and 7 GHz band licensee eligibility where there is a clear television incentive auction closed, spectrum where the need and requisite need for professional high-quality audio thereby establishing: (1) The revised TV capabilities are demonstrated. for particular events/productions, while bands that will be repacked and will Furthermore, the Commission seeks ensuring that spectrum is shared continue to be available for use by comment on whether there also may be effectively with existing wireless wireless microphones on a secondary certain other, similar types of microphone licensees and remains licensed or an unlicensed basis, and (2) organizations that use wireless available for other uses, such as by the 600 MHz Band Plan, which includes microphones for productions where white space devices. Commenters the limited spectrum that will be professional-level high-quality audio should discuss the effect that the available for wireless microphone service is required and these needs proposed expansion of eligibility for operations in the 600 MHz guard band cannot otherwise be met, such that the wireless microphone licenses would and duplex gap after the end of the post- organization also may merit such have on other users of the spectrum. auction transition period. As a result of protection for the same reasons. 12. In addition to proposing to permit the repurposing of 84 megahertz of TV 8. To fully account for these certain professional theater, music, and bands spectrum in the incentive wireless microphone users with performing arts organizations that do auction, the spectrum in the revised and professional needs, the Commission not meet the 50 microphone threshold repacked TV bands (channels 2–36) proposes to revise the definition of both but meet the two-part test above to available for licensed and unlicensed ‘‘large venue owner or operator’’ and obtain a part 74 license in the TV bands wireless microphone use will be ‘‘professional sound company’’ under and the 600 MHz duplex gap, the substantially reduced in the coming our rules. The Commission proposes to Commission also proposes to permit years, although the specific amount of define these terms to include either (a) these entities to qualify for a license in spectrum that remains available will wireless microphone users that portions of the 900 MHz band, as well vary depending on the particular routinely use 50 or more wireless as in the 1435–1525 MHz and 6975– locations of the users’ wireless microphones where the use is an 7125 MHz band, that also are available microphones operations. integral part of major events or for part 74 wireless microphone 6. Discussion. The Commission agrees productions (as provided under existing licensees, upon demonstrated need and with Shure and commenters supporting rules) or (b) wireless microphone users ability to meet the necessary its petition that certain unlicensed that otherwise can demonstrate a coordination and other requirements wireless microphone users that do not particular need for, and the capability to pertaining to each particular band. The meet the 50 microphone threshold provide, professional, high-quality Commission believes that any risk of nonetheless have identical or similar audio that is integral to their events or wireless microphone operations causing needs for interference protection at their productions. harmful interference to these primary events/productions as do entities that 9. To demonstrate a need for high- licensees is low considering that currently qualify for part 74 wireless quality audio during events/productions wireless microphones operate at microphone licenses. In many instances, under prong (b), an applicant for a part relatively low power over short ranges. the 50 microphone threshold is 74 license would be required to show 13. The Commission seeks any unnecessarily restrictive as it excludes that its needs for high-quality audio additional comment on this proposed many entities that have the need for services for its audiences are identical case-by-case approach, and on possible professional high-quality audio for their or substantially similar to those of alternatives to that approach. events/productions. Therefore, we current part 74 licensees. The Commenting parties proposing propose and seek comment on how best Commission seeks comment on what alternative approaches should explain to accommodate these wireless this demonstration would look like, and the rationale for the metric or standard microphone users to the extent that, how the Commission would determine that they propose, address how it would based on demonstration of particular whether there is actual need for a be a reasonable and appropriate way of need, they should qualify for a license license and that the spectrum would be identifying the class of wireless at their events/productions. used in a spectrally efficient manner. microphone users that merit a license, 7. The Commission recognizes that 10. Furthermore, to demonstrate the and provide sufficient data and other the 50 microphone threshold is a proxy requisite capability to provide information supporting such an for the need for professional, professional high quality audio under approach. interference-free high-quality audio prong (b), an applicant for such a part events/productions. Therefore the 74 license would need to demonstrate Procedural Matters Commission proposes to allow certain that it has the professional-level 14. Paperwork Reduction Analysis. theater, music, and performing arts technical and operational capabilities to The Further Notice of Proposed organizations that do not meet this carry out its responsibilities associated Rulemaking (FNPRM) contains threshold but are otherwise able to with holding a license (e.g., proposed new information collection demonstrate they have these coordination responsibilities, technical requirements. We invite the general ‘‘professional’’ needs and capabilities to capabilities, and registration public and Office of Management and obtain a part 74 license to operate in the capabilities). This criterion is meant to Budget to comment on the information TV bands and the 600 MHz duplex gap. encompass users that have capabilities collection requirements contained in This would address the specific that are identical or similar to the this document, as required by the concerns raised in the petition by professional sound companies/large Paperwork Reduction Act. In addition, allowing these users to register for venues that currently qualify for part 74 pursuant to the Small Business interference protection from white space licenses, but that do not meet the 50 Paperwork Relief Act of 2002, the devices when operating in the TV microphone threshold. Commission seek specific comment on bands. In addition, the Commission 11. As in the TV Bands Wireless how we might further reduce the proposes to allow such users access to Microphones Second R&O, the information collection burden for small
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business concerns with fewer than 25 location, that its need for high-fidelity Documents in Rulemaking Proceedings, employees. audio services for its audiences are 63 FR 24121 (1998). 15. Initial Regulatory Flexibility identical or substantially similar to • Electronic Filers. Comments may be Analysis. As required by the Regulatory those of current part 74 licensees, and filed electronically using the Internet by Flexibility Act, the Commission has that it has the professional-level accessing the ECFS, http://apps.fcc.gov/ prepared an Initial Regulatory technical and operational capabilities to ecfs. Flexibility Analysis (IRFA) of the carry out its responsibilities as a • Paper Filers. Parties who file by possible significant economic impact on licensee. paper must include an original and four a substantial number of small entities of 18. Ex Parte Presentations. This copies of each filing. If more than one the proposals addressed in this FNPRM. proceeding will be treated as a ‘‘permit- docket or rulemaking number appears in Written public comments are requested but-disclose’’ proceeding in accordance the caption of this proceeding, filers on the IRFA. These comments must be with the Commission’s ex parte rules. must submit two additional copies for filed in accordance with the same filing Persons making ex parte presentations each additional docket or rulemaking deadlines for comments on the FNPRM, must file a copy of any written number. and they should have a separate and presentation or a memorandum distinct heading designating them as summarizing any oral presentation Filings can be sent by hand or responses to the IRFA. The within two business days after the messenger delivery, by commercial Commission’s Consumer and presentation (unless a different deadline overnight courier, or by first-class or Governmental Affairs Bureau, Reference applicable to the Sunshine period overnight U.S. Postal Service mail. All Information Center, will send a copy of applies). Persons making oral ex parte filings must be addressed to the this FNPRM, including the IRFA, to the presentations are reminded that Commission’s Secretary, Office of the Chief Counsel for Advocacy of the Small memoranda summarizing the Secretary, Federal Communications Business Administration, in accordance presentation must (1) list all persons Commission. with the RFA. attending or otherwise participating in Æ All hand-delivered or messenger- 16. This proceeding is initiated to the meeting at which the ex parte delivered paper filings for the explore whether certain professional presentation was made, and (2) Commission’s Secretary must be theater, music, performing arts, or summarize all data presented and delivered to FCC Headquarters at 445 similar organizations that operate arguments made during the 12th Street SW., Room TW–A325, wireless microphones on an unlicensed presentation. If the presentation Washington, DC 20554. The filing hours basis and meet certain criteria should be consisted in whole or in part of the are 8:00 a.m. to 7:00 p.m. All hand permitted to: (1) Obtain part 74 licenses presentation of data or arguments deliveries must be held together with in the TV bands to enable them to already reflected in the presenter’s rubber bands or fasteners. Any register in the white spaces databases written comments, memoranda or other envelopes must be disposed of before for interference protection from filings in the proceeding, the presenter entering the building. unlicensed white space devices that may provide citations to such data or Æ Commercial overnight mail (other operate in those bands, and to access the arguments in his or her prior comments, than U.S. Postal Service Express Mail portion of spectrum available to memoranda, or other filings (specifying and Priority Mail) must be sent to 9300 licensed wireless microphone users in the relevant page and/or paragraph East Hampton Drive, Capitol Heights, the 600 MHz duplex gap (specifically, numbers where such data or arguments MD 20743. the 653–657 MHz portion); and (2) can be found) in lieu of summarizing Æ U.S. Postal Service first-class, obtain part 74 licenses to operate in them in the memorandum. Documents Express, and Priority mail must be other bands available for use by part 74 shown or given to Commission staff addressed to 445 12th Street SW., licensed wireless microphone licensees, during ex parte meetings are deemed to Washington, DC 20554. including portions of the 900 MHz, be written ex parte presentations and Persons with Disabilities. To request 1435–1525 MHz, and 6975–7125 MHz must be filed consistent with rule materials in accessible formats for bands, provided that they meet the 1.1206(b). In proceedings governed by persons with disabilities (braille, large applicable requirements for operating in rule 1.49(f) or for which the those bands. Commission has made available a print, electronic files, audio format), 17. The proposal set forth in the method of electronic filing, written ex send an email to [email protected] or call FNPRM would apply to certain theater, parte presentations and memoranda the Consumer & Governmental Affairs music production, and performing arts, summarizing oral ex parte Bureau at 202–418–0530 (voice), 202– and similar organizations that currently presentations, and all attachments 418–0432 (TTY). use wireless microphones on an thereto, must be filed through the Ordering Clauses unlicensed—rather than licensed—basis electronic comment filing system to meet their audio service needs available for that proceeding, and must 20. It is ordered that, pursuant to §§ 1, because they fail to meet the 50 be filed in their native format (e.g., .doc, 4(i), 4(j), 7(a), 301, 302(a), 303(f), and microphone license eligibility .xml, .ppt, searchable .pdf). Participants 332 of the Communications Act of 1934, requirement to be a ‘‘large venue or in this proceeding should familiarize as amended, 47 U.S.C. 151, 154(i), operator’’ or ‘‘professional sound themselves with the Commission’s ex 154(j), 157(a), 301, 302a, 303(f), and 332, company’’ under the Commission’s parte rules. the Further Notice of Proposed Rules for part 74 Low Power Auxiliary 19. Comment Filing Procedures. Rulemaking is Adopted. Stations. Under the proposal, an Pursuant to §§ 1.415 and 1.419, 47 CFR 21. It is ordered that the Commission’s unlicensed wireless microphone 1.415, 1.419, interested parties may file Consumer and Governmental Affairs applicant for a part 74 license would be comments and reply comments on or Bureau, Reference Information Center, required to establish that needs access before the dates indicated on the first shall send a copy of this Further Notice to more spectrum in these bands is page of this document. Comments may of Proposed Rulemaking, including the needed for its major events or be filed using the Commission’s Initial Regulatory Flexibility Analysis, productions, based on a showing of its Electronic Comment Filing System to the Chief Counsel for Advocacy of the particular needs at that specified (ECFS). See Electronic Filing of Small Business Administration.
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List of Subjects in 47 CFR Part 74 § 74.801 Definitions. where the use is an integral part of * * * * * major events or productions, or (b) can Reporting and recordkeeping Professional sound company. otherwise demonstrate a particular need requirements. Professional sound company refers to a for, and the capability to provide, Federal Communications Commission. person or organization that provides professional high-quality audio through Marlene H. Dortch, audio services that (a) routinely use 50 use of low power auxiliary station or more low power auxiliary station devices, where the use is an integral Secretary. devices, where the use of such devices part of events or productions. Routinely Proposed Rules is an integral part of major events or using 50 or more low power auxiliary productions, or (b) can otherwise station devices means that the venue The Federal Communications demonstrate a particular need for, and owner or operator uses 50 or more such Commission proposes to amend 47 CFR the capability to provide, professional devices for events or productions. part 74 as follows: high-quality audio through use of low * * * * * power auxiliary station devices, where ■ PART 74, SUBPART H—LOW POWER the use is an integral part of events or 3. Amend § 74.832 by revising AUXILIARY STATIONS productions. Routinely using 50 or more paragraph (a)(7) to read as follows: low power auxiliary station devices § 74.832 Licensing requirements and ■ 1. The authority citation for part 74 means that the professional sound procedures. continues to read as follows: company uses 50 or more such devices * * * * * for most events or productions. Authority: 47 U.S.C. 154, 302a, 303, 307, (a)* * * 309, 310, 336, and 554. * * * * * Venue owner or operator. A venue (7) Venue owners or operators as ■ 2. Amend § 74.801 the definitions for owner or operator refers to a person or defined in § 74.801. ‘‘Professional sound company’’ and organization that owns or operates a * * * * * ‘‘Venue owner or operator’’ to read as venue that (a) routinely uses 50 or more [FR Doc. 2017–17441 Filed 8–31–17; 8:45 am] follows: low power auxiliary station devices, BILLING CODE 6712–01–P
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Notices Federal Register Vol. 82, No. 169
Friday, September 1, 2017
This section of the FEDERAL REGISTER Coordinator, by phone at 907–228–4105 SUMMARY: The United States Department contains documents other than rules or or via email at [email protected]. of Agriculture (USDA) is seeking proposed rules that are applicable to the Individuals who use nominations for the Forestry Research public. Notices of hearings and investigations, telecommunication devices for the deaf Advisory Council of the Agriculture and committee meetings, agency decisions and (TDD) may call the Federal Information Food Act of 1981 (the Act), and the rulings, delegations of authority, filing of Relay Service (FIRS) at 1–800–877–8339 petitions and applications and agency Federal Advisory Committee Act. statements of organization and functions are between 8:00 a.m. and 8:00 p.m., Additional information on the FRAC examples of documents appearing in this Eastern Standard Time, Monday can be found by visiting the FRAC Web section. through Friday. site at: http://www.fs.fed.us/research/ SUPPLEMENTARY INFORMATION: The about/forestry-research-council/. purpose of the meeting is to: DATES: Written nominations must be DEPARTMENT OF AGRICULTURE 1. Introduce new Acting District received by October 16, 2017. Ranger, Nominations must contain a completed Forest Service 2. Review post RAC projects, and application packet that includes the 3. Update members on status of nominee’s name, resume, and Ketchikan Resource Advisory approved RAC projects. completed Form AD–755 (Advisory Committee The meeting is open to the public. Committee Membership Background AGENCY: Forest Service, USDA. The agenda will include time for people Information). The package must be sent ACTION: Notice of meeting. to make oral statements of three minutes to the address below. or less. Individuals wishing to make an ADDRESSES: Tracy C. Hancock, USDA SUMMARY: The Ketchikan Resource oral statement should request in writing Forest Service, Office of the Deputy Advisory Committee (RAC) will meet in by September 15, 2017, to be scheduled Chief, Research and Development, 201 Ketchikan, Alaska. The committee is on the agenda. Anyone who would like 14th Street SW., Mail Stop 1120, authorized under the Secure Rural to bring related matters to the attention Washington, DC 20250–11 by express Schools and Community Self- of the committee may file written mail or overnight courier service. If sent Determination Act (the Act) and statements with the committee staff via the U.S. Postal Service, they must be operates in compliance with the Federal before or after the meeting. Written sent to the following address: U.S. Advisory Committee Act. The purpose comments and requests for time to make Department of Agriculture, Forest of the committee is to improve oral comments must be sent to Penny Service, Office of the Deputy Chief, collaborative relationships and to Richardson, Acting RAC Coordinator, Research and Development, Mail Stop provide advice and recommendations to Ketchikan Misty Fiords Ranger District, 1120, 1400 Independence Avenue SW., the Forest Service concerning projects 3101 Tongass Avenue, Ketchikan, Washington, DC 20250–1120. and funding consistent with the Act. Alaska 99901; by email to prichardson@ FOR FURTHER INFORMATION CONTACT: RAC information can be found at the fs.fed.us; or via facsimile to 907–225– Tracy C. Hancock, FRAC Designated following Web site: https:// 8738. Federal Official (DFO), USDA Forest www.fs.usda.gov/main/pts. Meeting Accommodations: If you Service, Office of the Deputy Chief, DATES: The meeting will be held on require reasonable accommodation, Research and Development, by September 21, 2017, at 5:00 p.m. please make requests in advance for sign telephone at (202) 205–1724, or by All RAC meetings are subject to language interpreting, assistive listening email at [email protected] or Sharon cancellation. For status of meeting prior devices, or other reasonable Parker, Ph.D., FRAC Executive to attendance, please contact the person accommodation. For access to the Secretarry, USDA Forest Service, Office listed under FOR FURTHER INFORMATION facility or proceedings, please contact of the Deputy Chief, Research and CONTACT. the person listed in the section titled Development by telephone at (703) 340– ADDRESSES: The meeting will be held at FOR FURTHER INFORMATION CONTACT. All 7864, or by email at sparker01@ the Ketchikan Misty Fiords Ranger reasonable accommodation requests are fs.fed.us. Individuals who use District, 3101 Tongass Avenue, managed on a case by case basis. telecommunication devices for the deaf Ketchikan, Alaska. For participants that Dated: August 8, 2017. (TDD) may call the Federal Information would like to attend via teleconference, Jeanne M. Higgins, Relay Service (FIRS) at 1–800–877–8339 please contact the person listed under Acting Associate Deputy Chief, National between 8 a.m. and 5 p.m., Eastern FOR FUTHER INFORMATION CONTACT. Forest System. Standard Time, Monday through Friday. Written comments may be submitted [FR Doc. 2017–18554 Filed 8–31–17; 8:45 am] SUPPLEMENTARY INFORMATION: as described under SUPPLEMENTARY BILLING CODE 3411–15–P INFORMATION. All comments, including Background names and addresses when provided, The FRAC will be comprised of no are placed in the record and are DEPARTMENT OF AGRICULTURE more than 20 members approved by the available for public inspection and Secretary of Agriculture. The FRAC copying. The public may inspect Forest Service membership will be fairly balanced in comments received at Ketchikan Misty terms of the points of view represented, Fiords Ranger District. Please call ahead Forestry Research Advisory Council functions to be performed, and will to facilitate entry into the building. AGENCY: Forest Service, USDA. represent a broad array of expertise, FOR FURTHER INFORMATION CONTACT: leadership and relevancy to a ACTION: Call for nominations. Penny Richardson, Acting RAC membership category. Geographic
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balance and a balanced distribution Dated: August 14, 2017. SUPPLEMENTARY INFORMATION: The among the categories are also important. Malcom Shorter, purpose of the meeting is to: The FRAC members will serve 3-year Deputy Assistant Secretary for 1. Review project proposals, and terms, and will meet annually, or as Administration. 2. Make project funding often as necessary. The FRAC shall [FR Doc. 2017–18557 Filed 8–31–17; 8:45 am] recommendations for Title II funds. include a maximum of five BILLING CODE 3411–15–P The meeting is open to the public. representation from each of the four The agenda will include time for people following categories: (1) Federal and to make oral statements of three minutes State Agencies; (2) Forest Industry; (3) DEPARTMENT OF AGRICULTURE or less. Individuals wishing to make an Academic; and (4) Voluntary oral statement should request in writing Organization. Vacancies on the FRAC Forest Service by one week prior to the meeting to be will be filled in the manner in which scheduled on the agenda. Anyone who the original appointment was made. Meeting of Plumas County Resource Advisory Committee would like to bring related matters to Members of the FRAC shall serve the attention of the committee may file without compensation. FRAC members AGENCY: Forest Service, USDA. written statements with the committee may be allowed travel expenses and per ACTION: Notice of meeting. staff before or after the meeting. Written diem for attendance at council meetings, comments and requests for time to make subject to approval of the DFO SUMMARY: The Plumas County Resource oral comments must be sent to Lee Anne responsible for administrative support Advisory Committee (RAC) will meet in Schramel, RAC Coordinator, Plumas NF to the FRAC. Quincy, California. The committee is Headquarters, 159 Lawrence Street, Nomination and Application authorized under the Secure Rural Quincy, California 95971; by email to Information Schools and Community Self- [email protected], or via facsimile to Determination Act (the Act) and 530–283–7746. The appointment of members to the operates in compliance with the Federal Meeting Accommodations: If you are FRAC will be made by the Secretary of Advisory Committee Act. The purpose a person requiring reasonable Agriculture. The public is invited to of the committee is to improve accommodation, please make requests submit nominations for membership on collaborative relationships and to in advance for sign language the FRAC, either as a self-nomination or provide advice and recommendations to interpreting, assistive listening devices, a nomination of any qualified and the Forest Service concerning projects or other reasonable accommodation. For interested person. Any individual or and funding consistent with the Act. access to the facility or proceedings, organization may nominate one or more RAC information can be found at the please contact the person listed in the qualified persons to represent the following Web site: http:// section titled FOR FURTHER INFORMATION interest areas listed above. To be www.fs.usda.gov/main/pts/special CONTACT. considered for membership, nominees projects/racweb. All reasonable accommodation must submit a: DATES: The meeting will be held on requests are managed on a case by case 1. Identify what interest group they September 23, 2017, at 9:30 a.m. basis. would represent and how they are All RAC meetings are subject to qualified to represent that interest Dated: August 9, 2017. cancellation. For status of meeting prior Jeanne M. Higgins, group; to attendance, please contact the person Acting Associate Deputy Chief, National 2. Provide a cover letter stating why FOR FURTHER INFORMATION listed under Forest System. they want to serve on the FRAC and CONTACT. what they can contribute; [FR Doc. 2017–18559 Filed 8–31–17; 8:45 am] 3. Provide a resume showing their ADDRESSES: The meeting will be held at BILLING CODE 3411–15–P past experience in working successfully the Plumas-Sierra County Fairgrounds as part of a group working on forest Mineral Building, 204 Fairground Road, research activities; and Quincy, California. DEPARTMENT OF AGRICULTURE Written comments may be submitted 4. Complete Form AD–755, Advisory Forest Service Committee Membership Background as described under SUPPLEMENTARY Information. The Form AD–755 may be INFORMATION. All comments, including names and addresses when provided, Central Montana Resource Advisory obtained from Forest Service contact Committee person or from the following Web site: are placed in the record and are https://www.ocio.usda.gov/sites/ available for public inspection and AGENCY: Forest Service, USDA. copying. The public may inspect default/files/docs/2012/AD-755%20- ACTION: Notice of meeting. %20Approved%20Master%202015.pdf. comments received at Plumas National All nominations will be vetted by Forest (NF) Headquarters. Please call SUMMARY: The Central Montana USDA. ahead to facilitate entry into the Resource Advisory Committee (RAC) Equal opportunity practices in building. will meet in Stanford, Montana. The accordance with USDA policies shall be FOR FURTHER INFORMATION CONTACT: Lee committee is authorized under the followed in all in all appointments to Anne Schramel, RAC Coordinator, by Secure Rural Schools and Community FRAC. To ensure that the phone at 530–283–7850 or via email at Self-Determination Act (the Act) and recommendations of the FRAC have [email protected]. operates in compliance with the Federal taken into account the needs of the Individuals who use Advisory Committee Act. The purpose diverse groups served by USDA, telecommunication devices for the deaf of the committee is to improve membership will, to the extent (TDD) may call the Federal Information collaborative relationships and to practicable, include individuals with Relay Service (FIRS) at 1–800–877–8339 provide advice and recommendations to demonstrated ability to represent all between 8:00 a.m. and 8:00 p.m., the Forest Service concerning projects racial and ethnic groups, women and Eastern Standard Time, Monday and funding consistent with the Act. men, and persons with disabilities. through Friday. RAC information can be found at the
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following Web site: www.fs.usda.gov/ accommodation requests are managed 6015 or via email at tracymotoole@ helena/. on a case by case basis. fs.fed.us. DATES: The meeting will be held on Dated: August 3, 2017. Individuals who use telecommunication devices for the deaf September 21, 2017, at 6:30 p.m. Jeanne M. Higgins, All RAC meetings are subject to (TDD) may call the Federal Information Acting Associate Deputy Chief, National Relay Service (FIRS) at 1–800–877–8339 cancellation. For status of meeting prior Forest System. between 8:00 a.m. and 8:00 p.m., to attendance, please contact the person [FR Doc. 2017–18558 Filed 8–31–17; 8:45 am] FOR FURTHER INFORMATION Eastern Standard Time, Monday listed under BILLING CODE 3411–15–P CONTACT. through Friday. SUPPLEMENTARY INFORMATION: The ADDRESSES: The meeting will be held at DEPARTMENT OF AGRICULTURE purpose of the meeting is to: the Judith Ranger District, 109 Central 1. Review project proposals, and Avenue, Stanford, Montana. Forest Service 2. Make project recommendations for Written comments may be submitted Title II funding. as described under SUPPLEMENTARY Snohomish-South Mt. Baker- The meeting is open to the public. INFORMATION. All comments, including Snoqualmie Resource Advisory The agenda will include time for people names and addresses when provided, Committee to make oral statements of three minutes are placed in the record and are or less. Individuals wishing to make an available for public inspection and AGENCY: Forest Service, USDA. oral statement should request in writing copying. The public may inspect ACTION: Notice of meeting. by September 8, 2017, to be scheduled comments received at the Helena-Lewis on the agenda. Anyone who would like and Clark National Forest Great Falls SUMMARY: The Snohomish-South Mt. to bring related matters to the attention Office. Please call ahead to facilitate Baker-Snoqualmie Resource Advisory of the committee may file written entry into the building. Committee (RAC) will meet in Everett, statements with the committee staff FOR FURTHER INFORMATION CONTACT: Washington. The committee is before or after the meeting. Written Dave Cunningham, RAC Coordinator, by authorized under the Secure Rural comments and requests for time to make phone at 406–791–7700 or via email at Schools and Community Self- oral comments must be sent to Tracy [email protected]. Determination Act (the Act) and O’Toole, DFO, Mt. Baker-Snoqualmie Individuals who use operates in compliance with the Federal NF Supervisor’s Office, 2930 Wetmore telecommunication devices for the deaf Advisory Committee Act. The purpose Ave., Suite 3A, Everett, Washington (TDD) may call the Federal Information of the committee is to improve 98201; by email to tracymotoole@ Relay Service (FIRS) at 1–800–877–8339 collaborative relationships and to fs.fed.us, or via facsimile to 425–783– between 8:00 a.m. and 8:00 p.m., provide advice and recommendations to 6001. Eastern Standard Time, Monday the Forest Service concerning projects Meeting Accommodations: If you are through Friday. and funding consistent with the Act. a person requiring reasonable RAC information can be found at the accommodation, please make requests SUPPLEMENTARY INFORMATION: The following Web site: https:// purpose of the meeting is to review and in advance for sign language www.fs.usda.gov/main/mbs/working interpreting, assistive listening devices, make recommendiations on proposed together/advisorycommittees. projects for Title II funds. or other reasonable accommodation. For DATES: The meeting will be held on The meeting is open to the public. access to the facility or proceedings, September 12, 2017, at 9:00 a.m. The agenda will include time for people please contact the person listed in the All RAC meetings are subject to to make oral statements of three minutes section titled FOR FURTHER INFORMATION cancellation. For status of meeting prior or less. Individuals wishing to make an CONTACT. All reasonable to attendance, please contact the person oral statement should request in writing accommodation requests are managed listed under FOR FURTHER INFORMATION by September 10, 2017, to be scheduled on a case by case basis. CONTACT. on the agenda. Anyone who would like Dated: August 8, 2017. to bring related matters to the attention ADDRESSES: The meeting will be held at Jeanne M. Higgins, of the committee may file written the Mt. Baker-Snoqualmie National Acting Associate Deputy Chief, National statements with the committee staff Forest (NF) Supervisor’s Office, 2930 Forest System. before or after the meeting. Written Wetmore Avenue, Suite 3A, Everett, [FR Doc. 2017–18564 Filed 8–31–17; 8:45 am] comments and requests for time to make Washington. Participants who would BILLING CODE 3411–15–P oral comments must be sent to Dave like to attend by teleconference please Cunningham, RAC Coordinator, Helena- contact the person listed under FOR Lewis and Clark National Forest Great FURTHER INFORMATION CONTACT. DEPARTMENT OF AGRICULTURE Falls Office, 1220 38th St. North, Great Written comments may be submitted Falls, Montana 59405; by email to as described under SUPPLEMENTARY Forest Service [email protected] or via INFORMATION. All comments, including facsimile to 406–731–5302. names and addresses when provided, Wrangell-Petersburg Resource Meeting Accommodations: If you are are placed in the record and are Advisory Committee a person requiring reasonable available for public inspection and AGENCY: Forest Service, USDA. copying. The public may inspect accommodation, please make requests ACTION: Notice of meeting. in advance for sign language comments received at the Mt. Baker- interpreting, assistive listening devices, Snoqualmie NF Supervisor’s Office. SUMMARY: The Wrangell-Petersburg or other reasonable accommodation. For Please call ahead to facilitate entry into Resource Advisory Committee (RAC) access to the facility or proceedings, the building. will meet in Wrangell, Alaska and please contact the person listed in the FOR FURTHER INFORMATION CONTACT: Petersburg, Alaska. The committee is section titled FOR FURTHER INFORMATION Tracy O’Toole, Designated Federal authorized under the Secure Rural CONTACT. All reasonable Officer (DFO), by phone at 425–783– Schools and Community Self-
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Determination Act (the Act) and The meeting is open to the public. www.fs.usda.gov/main/mbs/working operates in compliance with the Federal The agenda will include time for people together/advisorycommittees. Advisory Committee Act. The purpose to make oral statements of three minutes DATES: The meeting will be held on of the committee is to improve or less. Individuals wishing to make an September 15, 2017, at 9:00 a.m. collaborative relationships and to oral statement should request in writing All RAC meetings are subject to provide advice and recommendations to by September 18, 2017, to be scheduled cancellation. For status of meeting prior the Forest Service concerning projects on the agenda. Anyone who would like to attendance, please contact the person and funding consistent with the Act. to bring related matters to the attention listed under FOR FURTHER INFORMATION RAC information can be found at the of the committee may file written CONTACT. following Web site: https:// statements with the committee staff ADDRESSES: The meeting will be held at www.fs.usda.gov/main/pts/special before or after the meeting. Written the Mt. Baker-Snoqualmie National projects/racweb. comments and requests for time to make Forest (NF) Supervisor’s Office, 2930 DATES: The meeting will be held on oral comments must be sent to David Wetmore Avenue, Suite 3A, Everett, Saturday, September 23, 2017, from 8:00 Zimmerman, District Ranger, Petersburg Washington. Participants who would a.m. to 5:00 p.m., or until business is Ranger District, Post Office Box 1328, like to attend by teleconference please concluded. Petersburg, Alaska 99833; or Robert contact the person listed under FOR All RAC meetings are subject to Dalrymple, District Ranger, Wrangell FURTHER INFORMATION CONTACT. cancellation. For status of the meeting Ranger District, Post Office Box 51, Written comments may be submitted prior to attendance, please contact the Wrangell, Alaska 99929; by email to as described under SUPPLEMENTARY person listed under FOR FURTHER [email protected], or via facsimile INFORMATION. All comments, including INFORMATION CONTACT. to 907–772–5995. names and addresses when provided, ADDRESSES: The meeting will be held at Meeting Accommodations: If you are are placed in the record and are the Wrangell Ranger District, 525 a person requiring reasonable available for public inspection and Bennett Street, Wrangell, Alaska; and at accommodation, please make requests copying. The public may inspect the Petersburg Ranger District, 12 North in advance for sign language comments received at the Mt. Baker- Nordic Drive, Petersburg, Alaska. The interpreting, assistive listening devices, Snoqualmie NF Supervisor’s Office. two locations will be connected via or other reasonable accommodation. For Please call ahead to facilitate entry into videoteleconference. Interested persons access to the facility or proceedings, the building. may attend in person at either location, please contact the person listed in the FOR FURTHER INFORMATION CONTACT: or by teleconference. For anyone who section titled FOR FURTHER INFORMATION Tracy O’Toole, Designated Federal would like to attend by teleconference, CONTACT. All reasonable Officer (DFO), by phone at 425–783– please contact the person listed under accommodation requests are managed 6015 or via email at tracymotoole@ FOR FURTHER INFORMATION CONTACT. on a case by case basis. fs.fed.us. Written comments may be submitted Dated: August 11, 2017. Individuals who use as described under Supplementary Glenn Casamassa, telecommunication devices for the deaf Information. All comments, including Associate Deptuy Chief, National Forest (TDD) may call the Federal Information names and addresses when provided, System. Relay Service (FIRS) at 1–800–877–8339 are placed in the record and are [FR Doc. 2017–18553 Filed 8–31–17; 8:45 am] between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday available for public inspection and BILLING CODE 3411–15–P copying. The public may inspect through Friday. comments received at the Petersburg SUPPLEMENTARY INFORMATION: The Ranger District or the Wrangell Ranger DEPARTMENT OF AGRICULTURE purpose of the meeting is to: District. Please call ahead to facilitate 1. Review project proposals, and entry into the building. Forest Service 2. Make project recommendations for Title II funding. FOR FURTHER INFORMATION CONTACT: Snohomish-South Mt. Baker- The meeting is open to the public. David Zimmerman, District Ranger, by Snoqualmie Resource Advisory The agenda will include time for people phone at 907–772–3871 or via email at Committee to make oral statements of three minutes [email protected]; or Robert or less. Individuals wishing to make an Dalrymple, District Ranger, by phone at AGENCY: Forest Service, USDA. oral statement should request in writing 907–874–2323 or via email at ACTION: Notice of meeting. by September 8, 2017, to be scheduled [email protected]. on the agenda. Anyone who would like Individuals who use SUMMARY: The Snohomish-South Mt. to bring related matters to the attention telecommunication devices for the deaf Baker-Snoqualmie Resource Advisory of the committee may file written (TDD) may call the Federal Information Committee (RAC) will meet in Everett, statements with the committee staff Relay Service (FIRS) at 1–800–877–8339 Washington. The committee is before or after the meeting. Written between 8:00 a.m. and 8:00 p.m., authorized under the Secure Rural comments and requests for time to make Eastern Standard Time, Monday Schools and Community Self- oral comments must be sent to Tracy through Friday. Determination Act (the Act) and O’Toole, DFO, Mt. Baker-Snoqualmie SUPPLEMENTARY INFORMATION: The operates in compliance with the Federal NF Supervisor’s Office, 2930 Wetmore purpose of the meeting is to: Advisory Committee Act. The purpose Ave, Suite 3A, Everett, Washington 1. Review progress of previously of the committee is to improve 98201; by email to tracymotoole@ funded projects; collaborative relationships and to fs.fed.us, or via facsimile to 425–783– 2. Review new project proposals; and provide advice and recommendations to 6001. 3. Conclude any business that may be the Forest Service concerning projects Meeting Accommodations: If you are remaining concerning recommendations and funding consistent with the Act. a person requiring reasonable for allocation of Title II funding to RAC information can be found at the accommodation, please make requests projects. following Web site: https:// in advance for sign language
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interpreting, assistive listening devices, Please call ahead to facilitate entry into committee is authorized under the or other reasonable accommodation. For the building. Secure Rural Schools and Community access to the facility or proceedings, FOR FURTHER INFORMATION CONTACT: Julie Self-Determination Act (the Act) and please contact the person listed in the Fosbender, RAC Coordinator, by phone operates in compliance with the Federal section titled FOR FURTHER INFORMATION at 304–636–1800 extension 169 or via Advisory Committee Act. The purpose CONTACT. All reasonable email at [email protected]. of the committee is to improve accommodation requests are managed Individuals who use collaborative relationships and to on a case by case basis. telecommunication devices for the deaf provide advice and recommendations to Dated: August 8, 2017. (TDD) may call the Federal Information the Forest Service concerning projects Jeanne M. Higgins, Relay Service (FIRS) at 1–800–877–8339 and funding consistent with the Act. Acting Associate Deputy Chief, National between 8:00 a.m. and RAC information can be found at the Forest System. 8:00 p.m., Eastern Standard Time, following Web site: http:// Monday through Friday. [FR Doc. 2017–18552 Filed 8–31–17; 8:45 am] facadatabase.gov/committee/ SUPPLEMENTARY INFORMATION committee.aspx?cid=2266&aid=171. BILLING CODE 3411–15–P : The purpose of the meeting is to evaluate DATES: The meeting will be held on and recommend Title II project September 14, 2017, from 10:00 a.m. to DEPARTMENT OF AGRICULTURE proposals. 3:00 p.m. The meeting is open to the public. All RAC meetings are subject to Forest Service The agenda will include time for people cancellation. For status of meeting prior to make oral statements of three minutes to attendance, please contact the person West Virginia Resource Advisory or less. Individuals wishing to make an listed under FOR FURTHER INFORMATION Committee oral statement should request in writing CONTACT. AGENCY: Forest Service, USDA. by September 20, 2017, to be scheduled ADDRESSES: The meeting will be held at on the agenda. Anyone who would like ACTION: Notice of meeting. the Bly Ranger Station, Upper to bring related matters to the attention Conference Room, 64011 Highway 140, SUMMARY: The West Virginia Resource of the committee may file written Bly, Oregon. Advisory Committee (RAC) will meet in statements with the committee staff Written comments may be submitted Elkins, West Virginia. The committee is before or after the meeting. Written as described under SUPPLEMENTARY authorized under the Secure Rural comments and requests for time to make INFORMATION. All comments, including Schools and Community Self- oral comments must be sent to Julie names and addresses when provided, Determination Act (the Act) and Fosbender, RAC Coordinator, are placed in the record and are operates in compliance with the Federal Monongahela National Forest available for public inspection and Advisory Committee Act. The purpose Headquarters Building, 200 Sycamore copying. The public may inspect of the committee is to improve Street, Elkins, West Virginia 26241; by comments received at Bly Ranger collaborative relationships and to email to [email protected]; or via Station. Please call ahead to facilitate provide advice and recommendations to facsimile to 304–637–0582. entry into the building. the Forest Service concerning projects Meeting Accommodations: If you are FOR FURTHER INFORMATION CONTACT: a person requiring reasonable and funding consistent with the Act. David Brillenz, Designated Federal RAC information can be found at the accommodation, please make requests Officer, by phone at 541–947–6328, or following Web site: https://cloudapps- in advance for sign language _ by email at [email protected]. usda-gov.secure.force.com/FSSRS/RAC interpreting, assistive listening devices, Individuals who use Page?id=001t0000002JcuqAAC. or other reasonable accommodation. For telecommunication devices for the deaf DATES: The meeting will be held on access to the facility or proceedings, (TDD) may call the Federal Information September 26, 2017, from 10:00 a.m.– please contact the person listed in the Relay Service (FIRS) at 1–800–877–8339 1:00 p.m. section titled FOR FURTHER INFORMATION between 8:00 a.m. and 8:00 p.m., All RAC meetings are subject to CONTACT. All reasonable Eastern Standard Time, Monday cancellation. For status of meeting prior accommodation requests are managed through Friday. to attendance, please contact the person on a case by case basis. SUPPLEMENTARY INFORMATION: The listed under FOR FURTHER INFORMATION Dated: July 5, 2017. purpose of the meeting is to: CONTACT. Glenn Casamassa, 1. Review current RAC projects being ADDRESSES: The meeting will be held in Associate Deputy Chief, National Forest implemented on Lake and Klamath the Monongahela National Forest System. Counties, and Headquarters Building, First Floor [FR Doc. 2017–18555 Filed 8–31–17; 8:45 am] 2. Review future roles and Conference Room, 200 Sycamore Street, BILLING CODE 3411–15–P responsibilities for the Fremont and Elkins, West Virginia. Participants who Winema RAC concerning current and would like to attend by teleconference future recreation on the Fremont- or by video conference, please contact DEPARTMENT OF AGRICULTURE Winema National Forest. the person listed under FOR FURTHER The meeting is open to the public. INFORMATION CONTACT. Forest Service The agenda will include time for people Written comments may be submitted to make oral statements of three minutes as described under SUPPLEMENTARY Fremont and Winema Resource or less. Individuals wishing to make an INFORMATION. All comments, including Advisory Committee oral statement should request it in names and addresses when provided, AGENCY: Forest Service, USDA. writing by September 7, 2017, to be are placed in the record and are ACTION: Notice of meeting. scheduled on the agenda. Anyone who available for public inspection and would like to bring related matters to copying. The public may inspect SUMMARY: The Fremont and Winema the attention of the committee may file comments received at Monongahela Resource Advisory Committee (RAC) written statements with the committee National Forest Headquarters Building. will meet in Bly, Oregon. The staff before or after the meeting. Written
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comments and requests for time to make Written comments may be submitted DEPARTMENT OF AGRICULTURE oral comments must be sent to Barry as described under SUPPLEMENTARY Hansen, Acting RAC Coordinator, 64011 INFORMATION. All comments, including Forest Service Highway 140, Bly, Oregon 97622; or by names and addresses when provided, email to [email protected]. are placed in the record and are Fresno and Madera Counties Resource Meeting Accommodations: If you are available for public inspection and Advisory Committees a person requiring reasonable copying. The public may inspect AGENCY: Forest Service, USDA. accommodation, please make requests comments received at the Mt. Baker- ACTION: Notice of meeting. in advance for sign language Snoqualmie NF Supervisor’s Office. interpreting, assistive listening devices, Please call ahead to facilitate entry into SUMMARY: The Fresno and Madera or other reasonable accommodation. For the building. Counties Resource Advisory access to the facility or proceedings, FOR FURTHER INFORMATION CONTACT: Committees (RAC) will meet in Clovis, please contact the person listed in the California. The committee is authorized section titled FOR FURTHER INFORMATION Tracy O’Toole, Designated Federal Officer (DFO), by phone at 425–783– under the Secure Rural Schools and CONTACT. All reasonable Community Self-Determination Act (the accommodation requests are managed 6015 or via email at tracymotoole@ fs.fed.us. Act) and operates in compliance with on a case by case basis. the Federal Advisory Committee Act. Dated: August 8, 2017. Individuals who use The purpose of the committee is to Jeanne M. Higgins, telecommunication devices for the deaf improve collaborative relationships and Acting Associate Deputy Chief, National (TDD) may call the Federal Information to provide advice and recommendations Forest System. Relay Service (FIRS) at 1–800–877–8339 to the Forest Service concerning projects [FR Doc. 2017–18563 Filed 8–31–17; 8:45 am] between 8:00 a.m. and 8:00 p.m., and funding consistent with the Act. Eastern Standard Time, Monday BILLING CODE 3411–15–P DATES: through Friday. The meeting will be held on September 14, 2017, from 6:00 p.m. to SUPPLEMENTARY INFORMATION: The 8:00 p.m. DEPARTMENT OF AGRICULTURE purpose of the meeting is to: All RAC meetings are subject to Forest Service 1. Review project proposals, and cancellation. For status of meeting prior to attendance, please contact the person 2. Make project recommendations for listed under FOR FURTHER INFORMATION Snohomish-South Mt. Baker- Title II funding. Snoqualmie Resource Advisory CONTACT. The meeting is open to the public. Committee ADDRESSES: The meeting will be held at The agenda will include time for people the Sierra National Forest (NF) AGENCY: Forest Service, USDA. to make oral statements of three minutes Supervisor’s Office, 1600 Tollhouse ACTION: Notice of meeting. or less. Individuals wishing to make an Road, Clovis, California. oral statement should request in writing Written comments may be submitted SUMMARY: The Snohomish-South Mt. by September 11, 2017, to be scheduled as described under SUPPLEMENTARY Baker-Snoqualmie Resource Advisory on the agenda. Anyone who would like INFORMATION. All comments, including Committee (RAC) will meet in Everett, to bring related matters to the attention names and addresses when provided, Washington. The committee is of the committee may file written are placed in the record and are authorized under the Secure Rural statements with the committee staff available for public inspection and Schools and Community Self- before or after the meeting. Written copying. The public may inspect Determination Act (the Act) and comments and requests for time to make comments received at the Sierra NF operates in compliance with the Federal oral comments must be sent to Tracy Supervisor’s Office. Please call ahead to Advisory Committee Act. The purpose O’Toole, DFO, Mt. Baker-Snoqualmie facilitate entry into the building. of the committee is to improve NF Supervisor’s Office, 2930 Wetmore collaborative relationships and to Ave, Suite 3A, Everett, Washington FOR FURTHER INFORMATION CONTACT: Julie provide advice and recommendations to 98201; by email to tracymotoole@ Roberts, RAC Coordinator, by phone at the Forest Service concerning projects fs.fed.us, or via facsimile to 425–783– 559–297–0706 or via email at jaroberts@ and funding consistent with the Act. 6001. fs.fed.us. RAC information can be found at the Individuals who use following Web site: https:// Meeting Accommodations: If you are telecommunication devices for the deaf www.fs.usda.gov/main/mbs/working a person requiring reasonable (TDD) may call the Federal Information together/advisorycommittees. accommodation, please make requests Relay Service (FIRS) at 1–800–877–8339 DATES: The meeting will be held on in advance for sign language between 8:00 a.m. and 8:00 p.m., September 19, 2017, at 9:00 a.m. interpreting, assistive listening devices, Eastern Standard Time, Monday All RAC meetings are subject to or other reasonable accommodation. For through Friday. access to the facility or proceedings, cancellation. For status of meeting prior SUPPLEMENTARY INFORMATION: The to attendance, please contact the person please contact the person listed in the section titled FOR FURTHER INFORMATION purpose of the meeting is to: listed under FOR FURTHER INFORMATION 1. Discuss and agree on general CONTACT. CONTACT. All reasonable accommodation requests are managed operating procedures, ADDRESSES: The meeting will be held at on a case by case basis. 2. Elect a chair, the Mt. Baker-Snoqualmie National 3. Review project proposals, and Forest (NF) Supervisor’s Office, 2930 Dated: August 8, 2017. 4. Vote to recommend project Wetmore Avenue, Suite 3A, Everett, Jeanne M. Higgins, proposals for Title II Funds. Washington. Participants who would Acting Associate Deputy Chief, National The meeting is open to the public. like to attend by teleconference please Forest System. The agenda will include time for people contact the person listed under FOR [FR Doc. 2017–18560 Filed 8–31–17; 8:45 am] to make oral statements of three minutes FURTHER INFORMATION CONTACT. BILLING CODE 3411–15–P or less. Individuals wishing to make an
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oral statement should request in writing listed under FOR FURTHER INFORMATION accommodation requests are managed by September 1, 2017, to be scheduled CONTACT. on a case by case basis. on the agenda. Anyone who would like ADDRESSES: The meeting will be held at Dated: August 8, 2017. to bring related matters to the attention the Mt. Baker-Snoqualmie National Jeanne M. Higgins, of the committee may file written Forest (NF) Supervisor’s Office, 2930 Acting Associate Deputy Chief, National statements with the committee staff Wetmore Avenue, Suite 3A, Everett, Forest System. before or after the meeting. Written Washington. Participants who would [FR Doc. 2017–18561 Filed 8–31–17; 8:45 am] comments and requests for time for oral like to attend by teleconference please comments must be sent to Julie Roberts, BILLING CODE 3411–15–P contact the person listed under FOR RAC Coordinator, Sierra NF FURTHER INFORMATION CONTACT. Supervisor’s Office, 1600 Tollhouse Written comments may be submitted DEPARTMENT OF AGRICULTURE Road, Clovis, California 93611; by email as described under SUPPLEMENTARY to [email protected], or via facsimile to INFORMATION. All comments, including Forest Service 559–294–4809. names and addresses when provided, Central Montana Resource Advisory Meeting Accommodations: If you are are placed in the record and are Committee a person requiring reasonable available for public inspection and accommodation, please make requests copying. The public may inspect AGENCY: Forest Service, USDA. in advance for sign language comments received at the Mt. Baker- ACTION: Notice of meeting. interpreting, assistive listening devices Snoqualmie NF Supervisor’s Office. or other reasonable accommodation for Please call ahead to facilitate entry into SUMMARY: The Central Montana access to the facility or proceedings by the building. Resource Advisory Committee (RAC) contacting the person listed in the will meet in Stanford, Montana. The FOR FURTHER INFORMATION FOR FURTHER INFORMATION CONTACT: section titled committee is authorized under the CONTACT. All reasonable Tracy O’Toole, Designated Federal Officer (DFO), by phone at 425–783– Secure Rural Schools and Community accommodation requests are managed Self-Determination Act (the Act) and on a case by case basis. 6015 or via email at tracymotoole@ fs.fed.us. operates in compliance with the Federal Dated: August 9, 2017. Individuals who use Advisory Committee Act. The purpose Jeanne M. Higgins, telecommunication devices for the deaf of the committee is to improve Acting Associate Deputy Chief, National (TDD) may call the Federal Information collaborative relationships and to Forest System. Relay Service (FIRS) at 1–800–877–8339 provide advice and recommendations to [FR Doc. 2017–18562 Filed 8–31–17; 8:45 am] between 8:00 a.m. and 8:00 p.m., the Forest Service concerning projects BILLING CODE 3411–15–P Eastern Standard Time, Monday and funding consistent with the Act. through Friday. RAC information can be found at the following Web site: www.fs.usda.gov/ SUPPLEMENTARY INFORMATION: The DEPARTMENT OF AGRICULTURE helena/. purpose of the meeting is to: DATES: The meeting will be held on Forest Service 1. Review project proposals, and 2. Make project recommendations for September 14, 2017, at 6:30 p.m. All RAC meetings are subject to Snohomish-South Mt. Baker- Title II funding. cancellation. For status of meeting prior Snoqualmie Resource Advisory The meeting is open to the public. to attendance, please contact the person Committee The agenda will include time for people listed under FOR FURTHER INFORMATION to make oral statements of three minutes CONTACT. AGENCY: Forest Service, USDA. or less. Individuals wishing to make an ACTION: Notice of meeting. oral statement should request in writing ADDRESSES: The meeting will be held at by September 15, 2017, to be scheduled the Judith Ranger District, 109 Central SUMMARY: The Snohomish-South Mt. on the agenda. Anyone who would like Avenue, Stanford, Montana. Baker-Snoqualmie Resource Advisory to bring related matters to the attention Written comments may be submitted Committee (RAC) will meet in Everett, of the committee may file written as described under SUPPLEMENTARY Washington. The committee is statements with the committee staff INFORMATION. All comments, including authorized under the Secure Rural before or after the meeting. Written names and addresses when provided, Schools and Community Self- comments and requests for time to make are placed in the record and are Determination Act (the Act) and oral comments must be sent to Tracy available for public inspection and operates in compliance with the Federal O’Toole, DFO, Mt. Baker-Snoqualmie copying. The public may inspect Advisory Committee Act. The purpose NF Supervisor’s Office, 2930 Wetmore comments received at the Helena-Lewis of the committee is to improve Ave., Suite 3A, Everett, Washington and Clark National Forest Great Falls collaborative relationships and to 98201; by email to tracymotoole@ Office. Please call ahead to facilitate provide advice and recommendations to fs.fed.us, or via facsimile to 425–783– entry into the building. the Forest Service concerning projects 6001. FOR FURTHER INFORMATION CONTACT: and funding consistent with the Act. Meeting Accommodations: If you are Dave Cunningham, RAC Coordinator, by RAC information can be found at the a person requiring reasonable phone at 406–791–7700 or via email at following Web site: https:// accommodation, please make requests [email protected]. www.fs.usda.gov/main/mbs/working in advance for sign language Individuals who use together/advisorycommittees. interpreting, assistive listening devices, telecommunication devices for the deaf DATES: The meeting will be held on or other reasonable accommodation. For (TDD) may call the Federal Information September 22, 2017, at 9:00 a.m. access to the facility or proceedings, Relay Service (FIRS) at 1–800–877–8339 All RAC meetings are subject to please contact the person listed in the between 8:00 a.m. and 8:00 p.m., cancellation. For status of meeting prior section titled FOR FURTHER INFORMATION Eastern Standard Time, Monday to attendance, please contact the person CONTACT. All reasonable through Friday.
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SUPPLEMENTARY INFORMATION: The Dial: 888–695–0609. Exceptional Circumstance: Pursuant purpose of the meeting is to review and Conference ID: 9329659. to 41 CFR 102–3.150, the notice for this make recommendiations on proposed FOR FURTHER INFORMATION CONTACT: Ana meeting is given less than 15 calendar projects for Title II funds. Victoria Fortes (DFO) at afortes@ days prior to the meeting because of the The meeting is open to the public. usccr.gov or (213) 894–3437. exceptional circumstance of DFO The agenda will include time for people SUPPLEMENTARY INFORMATION: This capacity that required rescheduling to make oral statements of three minutes meeting is available to the public meeting to this date. or less. Individuals wishing to make an through the following toll-free call-in Dated: August 28, 2017. oral statement should request in writing number: 888–695–0609, conference ID David Mussatt, by September 10, 2017, to be scheduled number: 9329659. Any interested Supervisory Chief, Regional Programs Unit. on the agenda. Anyone who would like member of the public may call this [FR Doc. 2017–18539 Filed 8–31–17; 8:45 am] to bring related matters to the attention number and listen to the meeting. of the committee may file written Callers can expect to incur charges for BILLING CODE P statements with the committee staff calls they initiate over wireless lines, before or after the meeting. Written and the Commission will not refund any comments and requests for time to make incurred charges. Callers will incur no DEPARTMENT OF COMMERCE oral comments must be sent to Dave charge for calls they initiate over land- Cunningham, RAC Coordinator, Helena- line connections to the toll-free National Telecommunications and Lewis and Clark National Forest Great telephone number. Persons with hearing Information Administration Falls Office, 1220 38th St. North, Great impairments may also follow the Falls, Montana 59405; by email to proceedings by first calling the Federal First Responder Network Authority [email protected] or via Relay Service at 1–800–977–8339 and [Docket Number: 160728668–6668–02] facsimile to 406–731–5302. providing the Service with the Meeting Accommodations: If you are conference call number and conference RIN 0660–XC028 a person requiring reasonable ID number. accommodation, please make requests Members of the public are entitled to Notice of Availability of a Final in advance for sign language make comments during the open period Programmatic Environmental Impact interpreting, assistive listening devices, at the end of the meeting. Members of Statement for the Central Region of the or other reasonable accommodation. For the public may also submit written Nationwide Public Safety Broadband access to the facility or proceedings, comments; the comments must be Network please contact the person listed in the received in the Regional Programs Unit section titled FOR FURTHER INFORMATION within 30 days following the meeting. AGENCY: First Responder Network CONTACT. All reasonable Written comments may be mailed to the Authority, National accommodation requests are managed Western Regional Office, U.S. Telecommunications and Information on a case by case basis. Commission on Civil Rights, 300 North Administration, U.S. Department of Commerce. Dated: August 3, 2017. Los Angeles Street, Suite 2010, Los ACTION: Notice of availability of a final Jeanne M. Higgins, Angeles, CA 90012. They may be faxed to the Commission at (213) 894–0508, or programmatic environmental impact Acting Associate Deputy Chief, National statement. Forest System. emailed to Ana Victoria Fortes at [email protected]. Persons who desire [FR Doc. 2017–18556 Filed 8–31–17; 8:45 am] SUMMARY: The First Responder Network additional information may contact the BILLING CODE 3411–15–P Authority (‘‘FirstNet’’) announces the Regional Programs Unit at (213) 894– availability of the Final Programmatic 3437. Records and documents discussed Environmental Impact Statement for the COMMISSION ON CIVIL RIGHTS during the meeting will be available for Central Region (‘‘Final PEIS’’). The Final public viewing prior to and after the PEIS evaluates the potential Notice of Public Meeting of the Texas environmental impacts of the proposed Advisory Committee meeting at http://facadatabase.gov/ committee/meetings.aspx?cid=276. nationwide public safety broadband AGENCY: U.S. Commission on Civil Please click on the ‘‘Meeting Details’’ network in the Central Region Rights. and ‘‘Documents’’ links. Records (Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, ACTION: Announcement of meeting. generated from this meeting may also be inspected and reproduced at the Montana, Nebraska, North Dakota, Ohio, SUMMARY: Notice is hereby given, Regional Programs Unit, as they become South Dakota, Utah, Wyoming, and pursuant to the provisions of the rules available, both before and after the Wisconsin). and regulations of the U.S. Commission meeting. Persons interested in the work ADDRESSES: The Final PEIS is available on Civil Rights (Commission) and the of this Committee are directed to the for download from www.regulations.gov Federal Advisory Committee Act Commission’s Web site, http:// under docket number FIRSTNET–2017– (FACA) that a meeting of the Texas www.usccr.gov, or may contact the 0005. Notification of the availability of Advisory Committee (Committee) to the Regional Programs Unit at the above this document has been sent to public Commission will be held at 12:00 p.m. email or street address. libraries (see Chapter 24 of the Final (Central Time) September 6, 2017. The PEIS for the complete distribution list). Agenda purpose of the meeting is for the FOR FURTHER INFORMATION CONTACT: For Committee to discuss and likely vote on I. Welcome more information on the Final PEIS, project topic of study. II. Approval of June 28, 2017 Minutes contact Amanda Goebel Pereira, NEPA DATES: The meeting will be held on III. Discussion on FY17 Civil Rights Project Ideas Coordinator, First Responder Network Wednesday, September 6, 2017, at 12:00 IV. Public Comment Authority, National p.m. CDT. V. Next Steps Telecommunications and Information PUBLIC CALL INFORMATION: VI. Adjournment Administration, U.S. Department of
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Commerce, 12201 Sunrise Valley Drive, Contiguous Regions. The Central Region All deadlines for the submission of M/S 243, Reston, VA 20192. consists of Colorado, Illinois, Indiana, comments or actions by the Department SUPPLEMENTARY INFORMATION: The Iowa, Kansas, Michigan, Minnesota, discussed below refer to the number of Middle Class Tax Relief and Job Missouri, Montana, Nebraska, North calendar days from the applicable Creation Act of 2012 (Pub. L. 112–96, Dakota, Ohio, South Dakota, Utah, starting date. Title VI, 126 Stat. 256 (codified at 47 Wyoming, and Wisconsin. The Final Respondent Selection U.S.C. 1401 et seq.)) (the ‘‘Act’’) created PEIS analyzes potential impacts of the and authorized FirstNet to take all deployment and operation of the In the event the Department limits the number of respondents for individual actions necessary to ensure the building, NPSBN on the natural and human examination for administrative reviews deployment, and operation of an environment in the Central Region, in initiated pursuant to requests made for interoperable, nationwide public safety accordance with FirstNet’s the orders identified below, the broadband network (‘‘NPSBN’’) based responsibilities under NEPA. Department intends to select on a single, national network Now that this PEIS has been respondents based on U.S. Customs and architecture. The Act meets a completed and once a Record of Border Protection (CBP) data for U.S. longstanding and critical national Decision (ROD) has been signed, the imports during the period of review. We infrastructure need, to create a single, proposed FirstNet projects can begin to intend to release the CBP data under nationwide network that will, for the submit the site-specific environmental Administrative Protective Order (APO) documentation to determine if the first time, allow police officers, fire to all parties having an APO within five proposed project has been adequately fighters, emergency medical service days of publication of the initiation evaluated in the PEIS or whether it professionals, and other public safety notice and to make our decision instead warrants a Categorical entities to effectively communicate with regarding respondent selection within Exclusion, an Environmental each other across agencies and 21 days of publication of the initiation Assessment, or an Environmental jurisdictions. The NPSBN is intended to Federal Register notice. Therefore, we Impact Statement. enhance the ability of the public safety encourage all parties interested in community to perform more reliably, Dated: August 28, 2017. commenting on respondent selection to effectively, and safely; increase Amanda Goebel Pereira, submit their APO applications on the situational awareness during an NEPA Coordinator, First Responder Network date of publication of the initiation emergency; and improve the ability of Authority, Om. notice, or as soon thereafter as possible. the public safety community to [FR Doc. 2017–18534 Filed 8–31–17; 8:45 am] The Department invites comments effectively engage in those critical BILLING CODE 3510–60–P regarding the CBP data and respondent activities. selection within five days of placement The National Environmental Policy of the CBP data on the record of the Act of 1969 (42 U.S.C. 4321–4347) DEPARTMENT OF COMMERCE review. (‘‘NEPA’’) requires federal agencies to In the event the Department decides undertake an assessment of International Trade Administration it is necessary to limit individual environmental effects of their proposed examination of respondents and actions prior to making a final decision Antidumping or Countervailing Duty conduct respondent selection under and implementing the action. NEPA Order, Finding, or Suspended section 777A(c)(2) of the Act: requirements apply to any federal Investigation; Opportunity To Request In general, the Department finds that project, decision, or action that may Administrative Review determinations concerning whether have a significant impact on the quality particular companies should be of the human environment. NEPA also AGENCY: Enforcement and Compliance, ‘‘collapsed’’ (i.e., treated as a single establishes the Council on International Trade Administration, entity for purposes of calculating Environmental Quality (‘‘CEQ’’), which Department of Commerce. antidumping duty rates) require a issued regulations implementing the FOR FURTHER INFORMATION CONTACT: substantial amount of detailed procedural provisions of NEPA (see 40 Brenda E. Waters, Office of AD/CVD information and analysis, which often CFR parts 1500–1508). Among other Operations, Customs Liaison Unit, require follow-up questions and considerations, CEQ regulations at 40 Enforcement and Compliance, analysis. Accordingly, the Department CFR 1508.28 recommend the use of International Trade Administration, will not conduct collapsing analyses at tiering from a ‘‘broader environmental U.S. Department of Commerce, 1401 the respondent selection phase of a impact statement (such as a national Constitution Avenue NW., Washington, review and will not collapse companies program or policy statements) with DC 20230, telephone: (202) 482–4735. at the respondent selection phase unless subsequent narrower statements or there has been a determination to Background environmental analysis (such as collapse certain companies in a regional or basin wide statements or Each year during the anniversary previous segment of this antidumping ultimately site-specific statements) month of the publication of an proceeding (i.e., investigation, incorporating by reference the general antidumping or countervailing duty administrative review, new shipper discussions and concentrating solely on order, finding, or suspended review or changed circumstances the issues specific to the statement investigation, an interested party, as review). For any company subject to a subsequently prepared.’’ defined in section 771(9) of the Tariff review, if the Department determined, Due to the geographic scope of Act of 1930, as amended (the Act), may or continued to treat, that company as FirstNet (all 50 states, the District of request, in accordance with 19 CFR collapsed with others, the Department Columbia, and five territories) and the 351.213, that the Department of will assume that such companies diversity of ecosystems potentially Commerce (the Department) conduct an continue to operate in the same manner traversed by the project, FirstNet has administrative review of that and will collapse them for respondent elected to prepare five regional PEISs. antidumping or countervailing duty selection purposes. Otherwise, the The five PEISs are divided into the East, order, finding, or suspended Department will not collapse companies Central, West, South, and Non- investigation. for purposes of respondent selection.
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Parties are requested to (a) identify Deadline for Withdrawal of Request for circumstance prevented it from which companies subject to review Administrative Review submitting a timely withdrawal request. previously were collapsed, and (b) Determinations by the Department to provide a citation to the proceeding in Pursuant to 19 CFR 351.213(d)(1), a extend the 90-day deadline will be which they were collapsed. Further, if party that requests a review may made on a case-by-case basis. companies are requested to complete a withdraw that request within 90 days of The Department is providing this Quantity and Value Questionnaire for the date of publication of the notice of purposes of respondent selection, in initiation of the requested review. The notice on its Web site, as well as in its general each company must report regulation provides that the Department ‘‘Opportunity to Request Administrative volume and value data separately for may extend this time if it is reasonable Review’’ notices, so that interested itself. Parties should not include data to do so. In order to provide parties parties will be aware of the manner in for any other party, even if they believe additional certainty with respect to which the Department intends to they should be treated as a single entity when the Department will exercise its exercise its discretion in the future. with that other party. If a company was discretion to extend this 90-day Opportunity To Request a Review: Not collapsed with another company or deadline, interested parties are advised later than the last day of September companies in the most recently that, with regard to reviews requested 2017,1 interested parties may request completed segment of a proceeding on the basis of anniversary months on administrative review of the following where the Department considered or after September 2017, the Department orders, findings, or suspended collapsing that entity, complete quantity does not intend to extend the 90-day investigations, with anniversary dates in and value data for that collapsed entity deadline unless the requestor September for the following periods: must be submitted. demonstrates that an extraordinary
Period of review
Antidumping duty proceedings period of review BELARUS: Steel Concrete Reinforcing Bars, A–822–804 ...... 9/1/16–8/31/17 BRAZIL: Cold-Rolled Steel Flat Products, A–351–843 ...... 3/7/16–8/31/17 INDIA: Cold-Rolled Steel Flat Products, A–533–865 ...... 3/7/16–8/31/17 Lined Paper Products, A–533–843 ...... 9/1/16–8/31/17 Oil Country Tubular Goods, A–533–857 ...... 9/1/16–8/31/17 INDONESIA: Steel Concrete Reinforcing Bars, A–560–811 ...... 9/1/16–8/31/17 JAPAN: Stainless Steel Wire Rod, A–588–843 ...... 9/1/16–8/31/17 LATVIA: Stainless Concrete Reinforcing Bars, A–449–804 ...... 9/1/16–8/31/17 MEXICO: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, A–201–847 ...... 3/1/16–8/31/17 Magnesia Carbon Bricks, A–201–837 ...... 9/1/16–8/31/17 MOLDOVA: Steel Concrete Reinforcing Bars, A–841–804 ...... 9/1/16–8/31/17 POLAND: Steel Concrete Reinforcing Bars, A–455–803 ...... 9/1/16–8/31/17 REPUBLIC OF KOREA: Cold-Rolled Steel Flat Products, A–580–881 ...... 3/7/16–8/31/17 Heavy Walled Rectangular Welded Carbon Pipes and Tubes, A–580–880 ...... 3/1/16–8/31/17 Oil Country Tubular Goods, A–580–870 ...... 9/1/16–8/31/17 Stainless Steel Wire Rod, A–580–829 ...... 9/1/16–8/31/17 SOCIALIST REPUBLIC OF VIETNAM: Oil Country Tubular Goods, A–552–817 ...... 9/1/16–8/31/17 TAIWAN: Narrow Woven Ribbons with Woven Selvedge, A–583–844 ...... 9/1/16–8/31/17 Raw Flexible Magnets, A–583–842 ...... 9/1/16–8/31/17 Stainless Steel Wire Rod, A–583–828 ...... 9/1/16–8/31/17 THE PEOPLE’S REPUBLIC OF CHINA: Freshwater Crawfish Tailmeat, A–570–848 ...... 9/1/16–8/31/17 Foundry Coke, A–570–862 ...... 9/1/16–8/31/17 Kitchen Appliance Shelving and Racks, A–570–941 ...... 9/1/16–8/31/17 Lined Paper Products, A–570–901 ...... 9/1/16–8/31/17 Magnesia Carbon Bricks, A–570–954 ...... 9/1/16–8/31/17 Narrow Woven Ribbons with Woven Selvedge, A–570–952 ...... 9/1/16–8/31/17 New Pneumatic Off-The-Road Tires, A–570–912 ...... 9/1/16–8/31/17 Raw Flexible Magnets, A–570–922 ...... 9/1/16–8/31/17 Steel Concrete Reinforcing Bars, A–570–860 ...... 9/1/16–8/31/17 TURKEY: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, A–489–824 ...... 3/1/16–8/27/16 9/12/16–8/31/17 Oil Country Tubular Goods, A–489–816 ...... 9/1/16–8/31/17 UKRAINE: Solid Agricultural Grade Ammonium Nitrate, A–823–810 ...... 9/1/16–8/31/17 Steel Concrete Reinforcing Bars, A–823–809 ...... 9/1/16–8/31/17 UNITED KINGDOM: Cold-Rolled Steel Flat Products, A–412–824 ...... 3/7/16–8/31/17 Countervailing Duty Proceedings BRAZIL: Cold-Rolled Steel Flat Products, C–351–843 ...... 12/22/15–12/31/16
1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed.
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Period of review
INDIA: Cold-Rolled Steel Flat Products, C–533–866 ...... 9/16/16–12/31/16 Lined Paper Products, C–533–844 ...... 1/1/16–12/31/16 Oil Country Tubular Goods, C–533–858 ...... 1/1/16–12/31/16 REPUBLIC OF KOREA: Cold-Rolled Steel Flat Products, C–580–882 ...... 7/1/16–12/31/16 THE PEOPLE’S REPUBLIC OF CHINA: Kitchen Appliance Shelving and Racks, C–570–942 ...... 1/1/16–12/31/16 Magnesia Carbon Bricks, C–570–955 ...... 1/1/16–12/31/16 Narrow Woven Ribbons with Woven Selvedge, C–570–953 ...... 1/1/16–12/31/16 New Pneumatic Off-The-Road Tires, C–570–913 ...... 1/1/16–12/31/16 Raw Flexible Magnets, C–570–923 ...... 1/1/16–12/31/16 TURKEY: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, C–489–825 ...... 12/28/15–4/25/16 9/12/16–12/31/16 Oil Country Tubular Goods, C–489–817 ...... 1/1/16–12/31/16 Suspension Agreements None.
In accordance with 19 CFR As explained in Antidumping and conducted, the NME entity’s entries 351.213(b), an interested party as Countervailing Duty Proceedings: were not subject to the review and the defined by section 771(9) of the Act may Assessment of Antidumping Duties, 68 rate for the NME entity is not subject to request in writing that the Secretary FR 23954 (May 6, 2003), and Non- change as a result of that review conduct an administrative review. For Market Economy Antidumping (although the rate for the individual both antidumping and countervailing Proceedings: Assessment of exporter may change as a function of the duty reviews, the interested party must Antidumping Duties, 76 FR 65694 finding that the exporter is part of the specify the individual producers or (October 24, 2011), the Department NME entity). exporters covered by an antidumping clarified its practice with respect to the Following initiation of an finding or an antidumping or collection of final antidumping duties antidumping administrative review countervailing duty order or suspension on imports of merchandise where when there is no review requested of the agreement for which it is requesting a intermediate firms are involved. The NME entity, the Department will public should be aware of this review. In addition, a domestic instruct CBP to liquidate entries for all clarification in determining whether to interested party or an interested party exporters not named in the initiation request an administrative review of described in section 771(9)(B) of the Act notice, including those that were merchandise subject to antidumping suspended at the NME entity rate. must state why it desires the Secretary findings and orders.2 to review those particular producers or All requests must be filed The Department no longer considers electronically in Enforcement and exporters. If the interested party intends the non-market economy (NME) entity Compliance’s Antidumping and for the Secretary to review sales of as an exporter conditionally subject to Countervailing Duty Centralized merchandise by an exporter (or a an antidumping duty administrative Electronic Service System (ACCESS) on producer if that producer also exports 3 reviews. Accordingly, the NME entity Enforcement and Compliance’s ACCESS merchandise from other suppliers) will not be under review unless the Web site at http://access.trade.gov.5 which was produced in more than one Department specifically receives a Further, in accordance with 19 CFR country of origin and each country of request for, or self-initiates, a review of 351.303(f)(l)(i), a copy of each request 4 origin is subject to a separate order, then the NME entity. In administrative must be served on the petitioner and the interested party must state reviews of antidumping duty orders on each exporter or producer specified in specifically, on an order-by-order basis, merchandise from NME countries where the request. which exporter(s) the request is a review of the NME entity has not been The Department will publish in the intended to cover. initiated, but where an individual Federal Register a notice of ‘‘Initiation Note that, for any party the exporter for which a review was of Administrative Review of Department was unable to locate in initiated does not qualify for a separate Antidumping or Countervailing Duty prior segments, the Department will not rate, the Department will issue a final Order, Finding, or Suspended decision indicating that the company in accept a request for an administrative Investigation’’ for requests received by question is part of the NME entity. review of that party absent new the last day of September 2017. If the However, in that situation, because no information as to the party’s location. Department does not receive, by the last review of the NME entity was Moreover, if the interested party who day of September 2017, a request for files a request for review is unable to review of entries covered by an order, 2 See also the Enforcement and Compliance Web locate the producer or exporter for site at http://trade.gov/enforcement/. finding, or suspended investigation which it requested the review, the 3 See Antidumping Proceedings: Announcement listed in this notice and for the period interested party must provide an of Change in Department Practice for Respondent identified above, the Department will explanation of the attempts it made to Selection in Antidumping Duty Proceedings and instruct CBP to assess antidumping or Conditional Review of the Nonmarket Economy countervailing duties on those entries at locate the producer or exporter at the Entity in NME Antidumping Duty Proceedings, 78 same time it files its request for review, FR 65963 (November 4, 2013). a rate equal to the cash deposit of (or in order for the Secretary to determine 4 In accordance with 19 CFR 351.213(b)(1), parties if the interested party’s attempts were should specify that they are requesting a review of 5 See Antidumping and Countervailing Duty entries from exporters comprising the entity, and to Proceedings: Electronic Filing Procedures; reasonable, pursuant to 19 CFR the extent possible, include the names of such Administrative Protective Order Procedures, 76 FR 351.303(f)(3)(ii). exporters in their request. 39263 (July 6, 2011).
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bond for) estimated antidumping or September 17, 2001, the Department Analysis of Comments Received countervailing duties required on those published an amended final A complete discussion of all issues entries at the time of entry, or determination of sales at less-than-fair- raised in this sunset review, including withdrawal from warehouse, for value and the AD Order on foundry coke the likelihood of continuation or consumption and to continue to collect from the PRC.2 On May 1, 2017, the recurrence of dumping in the event of the cash deposit previously ordered. Department published the notice of revocation of the AD Order and the For the first administrative review of initiation of the third sunset review of magnitude of the margins likely to any order, there will be no assessment the AD Order, pursuant to section 751(c) prevail if the order were revoked, is of antidumping or countervailing duties of the Tariff Act of 1930, as amended provided in the Issues and Decision on entries of subject merchandise (Act).3 On May 10, 2017, the Memorandum, which is hereby adopted entered, or withdrawn from warehouse, Department received a notice of intent by this notice.7 The appendix to this for consumption during the relevant to participate from: ABC Coke, Erie notice includes a list of the issues which provisional-measures ‘‘gap’’ period of Coke, and Tonawanda Coke the parties raised and to which the the order, if such a gap period is (collectively, the petitioners) within the Department responded in the Issues and applicable to the period of review. deadline specified in 19 CFR Decision Memorandum. The Issues and This notice is not required by statute 4 351.218(d)(1)(i). ABC Coke, Erie Coke, Decision Memorandum is a public but is published as a service to the and Tonawanda Coke claimed international trading community. document and is on file electronically interested party status under section via Enforcement and Compliance’s Dated: August 22, 2017. 771(9)(C) of the Act, as producers in the Antidumping and Countervailing Duty James Maeder, United States of a domestic like Centralized Electronic Services System Senior Director perfoming the duties of product. On May 31, 2017, the (ACCESS). ACCESS is available to Deputy Assistant Secretary for Antidumping Department received a complete and registered users at http:// and Countervailing Duty Operations. adequate substantive response from the access.trade.gov and to all parties in the [FR Doc. 2017–18585 Filed 8–31–17; 8:45 am] the petitioners within the 30-day Central Records Unit, room B0824 of the BILLING CODE 3510–DS–P deadline specified in 19 CFR main Department of Commerce 351.218(d)(3)(i).5 The Department building. In addition, a complete received no substantive responses from version of the Issues and Decision DEPARTMENT OF COMMERCE respondent interested parties. As a Memorandum can be accessed on the result, pursuant to section 751(c)(3)(B) International Trade Administration Internet at http://enforcement.trade.gov/ of the Act and 19 CFR frn/. The signed Issues and Decision [A–570–862] 351.218(e)(1)(ii)(C)(2), the Department Memorandum and the electronic conducted an expedited sunset review version of the Issues and Decision Foundry Coke Products From the of the AD Order. Memorandum are identical in content. People’s Republic of China: Final Results of the Expedited Third Sunset Scope of the AD Order Final Results of Sunset Review Review of the Antidumping Duty Order The product covered under the Pursuant to section 751(c)(1) and antidumping duty order is coke larger AGENCY: Enforcement and Compliance, 752(c)(1) and (3) of the Act, the than 100 mm (4 inches) in maximum International Trade Administration, Department determines that revocation diameter and at least 50 percent of Department of Commerce. of the AD Order would be likely to lead SUMMARY: As a result of this sunset which is retained on a 100 mm (4 inch) to continuation or recurrence of review, the Department of Commerce sieve, of a kind used in foundries. The dumping, and that the magnitude of the (the Department) finds that revocation foundry coke products subject to the dumping margins likely to prevail of the antidumping duty order on antidumping duty order were would be weighted-average dumping foundry coke products (foundry coke) classifiable under subheading margins up to 214.89 percent. 2704.00.00.10 (as of Jan 1, 2000) and are from the People’s Republic of China Notification to Interested Parties (PRC) would be likely to lead to currently classifiable under subheading continuation or recurrence of dumping 2704.00.00.11 (as of July 1, 2000) of the This notice serves as the only at the levels indicated in the ‘‘Final Harmonized Tariff Schedule of the reminder to parties subject to Results of Review’’ section of this United States (HTSUS). Although the administrative protective order (APO) of notice. HTSUS subheadings are provided for their responsibility concerning the convenience and Customs purposes, our return or destruction of proprietary DATES: Applicable September 1, 2017. written description of the scope of the information disclosed under APO in FOR FURTHER INFORMATION CONTACT: order is dispositive.6 accordance with 19 CFR 351.305. Courtney Canales, AD/CVD Operations, Timely notification of the return or Enforcement and Compliance, People’s Republic of China, 66 FR 39487 (July 31, destruction of APO materials, or International Trade Administration, 2001) (LTFV Investigation Final). conversion to judicial protective order, U.S. Department of Commerce, 1401 2 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Constitution Avenue NW., Washington, 7 See Memorandum to Gary Taverman, Deputy Duty Order: Foundry Coke Products from The DC 20230; Telephone: (202) 482–4997. Assistant Secretary for Antidumping and People’s Republic of China, 66 FR 48025, Countervailing Duty Operations, performing the SUPPLEMENTARY INFORMATION: (September 17, 2001) (AD Order). non-exclusive functions and duties of the Assistant 3 Background See Initiation of Five-Year (Sunset) Review, 82 Secretary for Enforcement and Compliance, from FR 20314 (May 1, 2017). James Maeder, Senior Director performing the On July 31, 2001, the Department 4 See Petitioners’ May 10, 2017, submission. duties of Deputy Assistant Secretary for published its final determination in the 5 See Petitioners’ submission ‘‘Re: Foundry Coke Antidumping and Countervailing Duty Operations, from China, Third Sunset Review: Substantive ‘‘Expedited Third Sunset Review of the less-than-fair value investigation of Response to Notice of Initiation of Sunset Review’’ 1 Antidumping Duty Order on Foundry Coke foundry coke from the PRC. On (May 31, 2017). Products from the People’s Republic of China: 6 See Foundry Coke Products from the People’s Issues and Decision Memorandum,’’ dated 1 See Final Determination or Sales at Less Than Republic of China, 77 Federal Register 34,012 (June concurrently with this notice (Issues and Decision Fair Value: Foundry Coke Products from the 8, 2012). Memorandum).
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is hereby requested. Failure to comply petitioner).1 The AD Petition was defined in section 771(9)(C) of the Act. with the regulations and terms of an accompanied by a countervailing duty The Department also finds that the APO is a violation which is subject to (CVD) Petition concerning imports of petitioner demonstrated sufficient sanction. UGW paper from Canada. The petitioner industry support with respect to the We are issuing and publishing these is a domestic producer of UGW paper.2 initiation of the AD investigation that results and notice in accordance with On August 11, 2017, the Department the petitioner is requesting.7 requested supplemental information sections 751(c), 752(c), and 777(i)(1) of Period of Investigation the Act, 19 CFR 351.218, and 19 CFR pertaining to certain areas of the 351.221(c)(5)(ii). Petition.3 The petitioner filed responses Because the Petition was filed on to these requests on August 15, 2017.4 August 9, 2017, the period of Dated: August 28, 2017. On August 17, 2017, the Department investigation (POI) for this investigation Gary Taverman, contacted the petitioner regarding the is July 1, 2016, through June 30, 2017. Deputy Assistant Secretary for Antidumping proposed scope of the investigations.5 and Countervailing Duty Operations, The petitioner filed revised scope Scope of the Investigation performing the non-exclusive functions and language on August 21, 2017.6 As The product covered by this duties of the Assistant Secretary for discussed below, on August 10, 2017, investigation is UGW paper from Enforcement and Compliance. the Department issued polling Canada. For a full description of the Appendix questionnaires to all known U.S. scope of this investigation, see the producers of UGW paper. The ‘‘Scope of the Investigation,’’ in the List of Topics Discussed in the Issues and Department received responses from all Appendix to this notice. Decision Memorandum recipients of the polling questionnaires. I. Summary In accordance with section 732(b) of Comments on Scope of the Investigation II. Background the Tariff Act of 1930, as amended (the During our review of the Petition, the III. Scope of the Order Act), the petitioner alleges that imports Department issued questions to, and IV. History of the Order V. Legal Framework of UGW paper from Canada are being, received responses from, the petitioner VI. Discussion of the Issues or are likely to be, sold in the United pertaining to the proposed scope to 1. Likelihood of Continuation or States at less than fair value (LTFV) ensure that the scope language in the Recurrence of Dumping within the meaning of section 731 of the Petition would be an accurate reflection 2. Magnitude of the Margins Likely to Act, and that such imports are of the products for which the domestic Prevail materially injuring, or threatening industry is seeking relief.8 VII. Final Results of Sunset Review material injury to, the domestic industry As discussed in the preamble to the VIII. Recommendation producing UGW paper in the United Department’s regulations, we are setting [FR Doc. 2017–18587 Filed 8–31–17; 8:45 am] States. Also, consistent with section aside a period for interested parties to BILLING CODE 3510–DS–P 732(b)(1) of the Act, the Petition is raise issues regarding product coverage accompanied by information reasonably (scope).9 The Department will consider available to the petitioner supporting its all comments received from interested DEPARTMENT OF COMMERCE allegations. parties and, if necessary, will consult The Department finds that the with interested parties prior to the International Trade Administration petitioner filed this Petition on behalf of issuance of the preliminary the domestic industry because the determinations. If scope comments [A–122–861] petitioner is an interested party as include factual information,10 all such factual information should be limited to Certain Uncoated Groundwood Paper 1 See Letter from the petitioner ‘‘Certain Uncoated public information. To facilitate Groundwood Paper from Canada—Petitions for the From Canada: Initiation of Less-Than- preparation of its questionnaires, the Fair-Value Investigation Imposition of Antidumping and Countervailing Duties,’’ dated August 9, 2017 (the Petition). Department requests all interested 2 See Volume I of the Petition, at 1. AGENCY: Enforcement and Compliance, parties to submit such comments by 3 See Letter to the petitioner from the Department, 5:00 p.m. Eastern Time (ET) on Monday, International Trade Administration, ‘‘Petitions for the Imposition of Antidumping and Department of Commerce. Countervailing Duties on Imports of Certain September 18, 2017, which is 20 Uncoated Groundwood Paper from Canada: calendar days from the signature date of DATES: Applicable September 1, 2017. Supplemental Questions,’’ dated August 11, 2017 this notice. Any rebuttal comments, FOR FURTHER INFORMATION CONTACT: (General Issues Supplemental Questionnaire); see which may include factual information, also Letter from the Department, ‘‘Petition for the Maria Tatarska at (202) 482–1562, AD/ Imposition of Antidumping Duties on Imports of must be filed by 5:00 p.m. ET on CVD Operations, Enforcement and Certain Uncoated Groundwood Paper from Canada: Thursday, September 28, 2017, which is Compliance, International Trade Supplemental Questions,’’ dated August 11, 2017 10 calendar days from the initial Administration, U.S. Department of (AD Supplemental Questionnaire). comments deadline.11 4 Commerce, 1401 Constitution Avenue See ‘‘Certain Uncoated Groundwood Paper from Canada/Responses to Supplemental Questions on The Department requests that any NW., Washington, DC 20230. the Injury Volume of the Petition,’’ dated August factual information the parties consider SUPPLEMENTARY INFORMATION: 15, 2017 (General Issues Supplemental Response); relevant to the scope of the investigation see also ‘‘Certain Uncoated Groundwood Paper be submitted during this time period. The Petition from Canada/Petitioner’s Responses to Supplemental Questions on the Antidumping Duty 7 On August 9, 2017, the U.S. Volume of the Petition,’’ dated August 15, 2017 (AD See the ‘‘Determination of Industry Support for Supplemental Response). the Petition’’ section, below. Department of Commerce (the 8 5 See Memorandum, ‘‘Phone Call with Counsel to See General Issues Supplemental Questionnaire; Department) received an antidumping the Petitioner,’’ dated August 17, 2017 (Scope see also General Issues Supplemental Response, duty (AD) Petition concerning imports Phone Call). Scope Phone Call, and Scope Revision Letter. of certain uncoated groundwood paper 6 See Letter to the Secretary of Commerce from 9 See Antidumping Duties; Countervailing Duties, (UGW paper) from Canada, filed in the petitioner, ‘‘Certain Uncoated Groundwood Final Rule, 62 FR 27296, 27323 (May 19, 1997). Paper from Canada/Further revisions to the Scope 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual proper form on behalf of North Pacific Language,’’ dated August 21, 2017 (Scope Revision information’’). Paper Company (NORPAC, the Letter). 11 See 19 CFR 351.303(b).
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However, if a party subsequently finds comparison criteria on meaningful ‘‘the domestic industry’’ has been that additional factual information commercial differences among products. injured, must also determine what pertaining to the scope of the In other words, although there may be constitutes a domestic like product in investigation may be relevant, the party some physical product characteristics order to define the industry. While both may contact the Department and request utilized by manufacturers to describe the Department and the ITC must apply permission to submit the additional UGW paper, it may be that only a select the same statutory definition regarding information. All such comments must few product characteristics take into the domestic like product,13 they do so be filed on the records of the concurrent account commercially meaningful for different purposes and pursuant to a AD and CVD investigations. physical characteristics. In addition, separate and distinct authority. In interested parties may comment on the addition, the Department’s Filing Requirements order in which the physical determination is subject to limitations of All submissions to the Department characteristics should be used in time and information. Although this must be filed electronically using matching products. Generally, the may result in different definitions of the Enforcement and Compliance’s Department attempts to list the most like product, such differences do not Antidumping Duty and Countervailing important physical characteristics first render the decision of either agency Duty Centralized Electronic Service and the least important characteristics contrary to law.14 System (ACCESS).12 An electronically last. Section 771(10) of the Act defines the filed document must be received In order to consider the suggestions of domestic like product as ‘‘a product successfully in its entirety by the time interested parties in developing and which is like, or in the absence of like, and date it is due. Documents exempted issuing the AD questionnaires, all most similar in characteristics and uses from the electronic submission product characteristics comments must with, the article subject to an requirements must be filed manually be filed by 5:00 p.m. ET on September investigation under this title.’’ Thus, the (i.e., in paper form) with Enforcement 18, 2017. Any rebuttal comments must reference point from which the and Compliance’s APO/Dockets Unit, be filed by 5:00 p.m. ET on September domestic like product analysis begins is Room 18022, U.S. Department of 28, 2017. All comments and ‘‘the article subject to an investigation’’ Commerce, 1401 Constitution Avenue submissions to the Department must be (i.e., the class or kind of merchandise to NW., Washington, DC 20230, and filed electronically using ACCESS, as be investigated, which normally will be stamped with the date and time of explained above, on the record of this the scope as defined in the Petition). receipt by the applicable deadlines. LTFV investigation. With regard to the domestic like product, the petitioner does not offer a Comments on Product Characteristics Determination of Industry Support for the Petition definition of the domestic like product for AD Questionnaires distinct from the scope of the The Department will provide Section 732(b)(1) of the Act requires investigation. Based on our analysis of interested parties an opportunity to that a petition be filed on behalf of the the information submitted on the comment on the appropriate physical domestic industry. Section 732(c)(4)(A) record, we have determined that UGW characteristics of UGW paper to be of the Act provides that a petition meets paper, as defined in the scope, reported in response to the this requirement if the domestic constitutes a single domestic like Department’s AD questionnaire. This producers or workers who support the product and we have analyzed industry information will be used to identify the petition account for: (i) At least 25 support in terms of that domestic like key physical characteristics of the percent of the total production of the product.15 merchandise under consideration in domestic like product; and (ii) more Based on information provided in the order to report the relevant costs of than 50 percent of the production of the Petition, the share of total estimated production accurately as well as to domestic like product produced by that U.S. production of the domestic like develop appropriate product- portion of the industry expressing product in calendar year 2016 comparison criteria. support for, or opposition to, the represented by the petitioner did not Interested parties may provide any petition. Moreover, section 732(c)(4)(D) account for more than 50 percent of the information or comments that they feel of the Act provides that, if the petition total production of the domestic like are relevant to the development of an does not establish support of domestic product. Therefore, in accordance with accurate list of physical characteristics. producers or workers accounting for section 732(c)(4)(D) of the Act, we Specifically, they may provide more than 50 percent of the total polled the industry.16 comments as to which characteristics production of the domestic like product, On August 10, 2017, we issued are appropriate to use as: (1) General the Department shall: (i) Poll the polling questionnaires to all known product characteristics and (2) product- industry or rely on other information in comparison criteria. We note that it is order to determine if there is support for 13 See section 771(10) of the Act. not always appropriate to use all the petition, as required by 14 See USEC, Inc. v. United States, 132 F. Supp. subparagraph (A); or (ii) determine 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. product characteristics as product- v. United States, 688 F. Supp. 639, 644 (CIT 1988), comparison criteria. We base product- industry support using a statistically valid sampling method to poll the aff’d 865 F.2d 240 (Fed. Cir. 1989)). 15 For a discussion of the domestic like product 12 See Antidumping and Countervailing Duty ‘‘industry.’’ analysis as applied to this case, see Antidumping Proceedings: Electronic Filing Procedures; Section 771(4)(A) of the Act defines Duty Investigation Initiation Checklist: Certain Administrative Protective Order Procedures, 76 FR the ‘‘industry’’ as the producers as a Uncoated Groundwood Paper from Canada (AD 39263 (July 6, 2011); see also Enforcement and whole of a domestic like product. Thus, Initiation Checklist), at Attachment II, Analysis of Compliance; Change of Electronic Filing System Industry Support for the Petitions Covering Certain Name, 79 FR 69046 (November 20, 2014) for details to determine whether a petition has the Uncoated Groundwood Paper from Canada of the Department’s electronic filing requirements, requisite industry support, the statute (Attachment II). This checklist is dated which went into effect on August 5, 2011. directs the Department to look to concurrently with this notice and on file Information on help using ACCESS can be found at producers and workers who produce the electronically via ACCESS. Access to documents https://access.trade.gov/help.aspx and a handbook filed via ACCESS is also available in the Central can be found at https://access.trade.gov/help/ domestic like product. The International Records Unit (CRU), Room B8024 of the main Handbook%20on%20Electronic%20Filling%20 Trade Commission (ITC), which is Department of Commerce building. Procedures.pdf. responsible for determining whether 16 Id.
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producers of UGW paper identified in pursuant to section 732(c)(4)(B) of the Allegation of Sales at Less Than Fair the Petition.17 We requested that each Act. When the position in opposition to Value company complete the polling the petition is disregarded, the industry The following is a description of the questionnaire and certify its response by support requirements of section allegation of sales at LTFV upon which 20 the due date specified in the cover letter 732(c)(4)(A) of the Act are satisified. the Department based its decision to 18 to the questionnaire. On August 23, The data collected demonstrate that initiate the AD investigation of imports 2017, in consultations with the the domestic producers of UGW paper of UGW paper from Canada. The Department held with respect to the which support the Petition account for sources of data for the deductions and companion CVD petition on imports of at least 25 percent of the total adjustments relating to U.S. price and UGW paper from Canada, the production of the domestic like product NV are discussed in greater detail in the Government of Canada (GOC) provided and, once the opposition is disregarded, AD Initiation Checklist. comments on industry support.19 account for more than 50 percent of the Section 732(c)(4)(B) of the Act states production of the domestic like product Export Price that (i) the Department ‘‘shall disregard produced by that portion of the industry The petitioner based the U.S. price on the position of domestic producers who expressing support for, or opposition to, export price (EP) using pricing oppose the petition if such producers the Petition.21 Therefore, the information related to UGW paper are related to foreign producers, as Department determines that the produced in, and exported from, defined in section 771(4)(B)(ii), unless petitioner filed this Petition on behalf of Canada, and sold or offered for sale in such domestic producers demonstrate the domestic industry in accordance the United States. This information was that their interests as domestic with section 732(b)(1) of the Act obtained from a confidential source.26 producers would be adversely affected because it is an interested party as Where applicable, the petitioner made by the imposition of an antidumping defined in section 771(9)(C) of the Act deductions from U.S. price for duty order;’’ and (ii) the Department and it has demonstrated sufficient movement expenses, consistent with the ‘‘may disregard the position of domestic industry support with respect to the AD terms of sale.27 producers of a domestic like product investigation that it is requesting the Normal Value who are importers of the subject Department initiate.22 merchandise.’’ In addition, 19 CFR Petitioner based NV on pricing 351.203(e)(4) states that the position of Allegations and Evidence of Material information relating to UGW paper a domestic producer that opposes the Injury and Causation produced in, and sold or offered for sale petition (i) will be disregarded if such The petitioner alleges that the U.S. in Canada, that was obtained through producer is related to a foreign producer industry producing the domestic like confidential market research.28 Where or to a foreign exporter under section product is being materially injured, or is applicable, the petitioner made 771(4)(B)(ii) of the Act, unless such threatened with material injury, by deductions for movement expenses, domestic producer demonstrates to the reason of the imports of the subject consistent with the terms of sale.29 Secretary’s satisfaction that its interests merchandise sold at less than normal Fair Value Comparisons as a domestic producer would be value (NV). In addition, the petitioner adversely affected by the imposition of alleges that subject imports exceed the Based on the data provided by the an antidumping order; and (ii) may be negligibility threshold provided for petitioner, there is reason to believe that disregarded if the producer is an under section 771(24)(A) of the Act.23 imports of UGW paper from Canada are importer of the subject merchandise or The petitioner contends that the being, or are likely to be, sold in the is related to such an importer under industry’s injured condition is United States at LTFV. Based on section 771(4)(B)(ii) of the Act. illustrated by a significant volume of comparisons of EP to NV in accordance We received objection to the Petition subject imports and significant increase with sections 772 and 773 of the Act, from those that produce domestic like in the volume of subject imports relative the estimated dumping margins for product and are related to a foreign to U.S. consumption; reduced market UGW paper from Canada covered by producer of subject merchandise and/or share; underselling and price this initiation range from 23.45 percent who imported subject merchandise from suppression or depression; lost sales to 54.97 percent.30 Canada. We have analyzed the and revenues; adverse effects on Initiation of Less-Than-Fair-Value information provided in the polling production, capacity utilization, U.S. Investigation questionnaire responses and shipments, and employment; declines information provided in other in financial performance; and capacity Based upon the examination of the Petition, we find that the Petition meets submissions to the Department. Based closures and conversions.24 We have the requirements of section 732 of the on our analysis, we disregarded the assessed the allegations and supporting Act. Therefore, we are initiating an AD position in opposition to the petition evidence regarding material injury, investigation to determine whether threat of material injury, and causation, 17 imports of UGW paper from Canada are See Volume I of the Petition, at Exhibit I–5; see and we have determined that these also Memorandum, ‘‘Certain Uncoated being, or are likely to be, sold in the allegations are properly supported by Groundwood Paper from Canada: Polling United States at LTFV. In accordance Questionnaire,’’ dated August 14, 2017. adequate evidence and meet the with section 733(b)(1)(A) of the Act and 18 For a detailed discussion of the responses statutory requirements for initiation.25 received, see AD Initiation Checklist, at Attachment 19 CFR 351.205(b)(1), unless postponed, II. The polling questionnaire and questionnaire 20 See AD Initiation Checklist, at Attachment II. we will make our preliminary responses are on file electronically via ACCESS and 21 can also be accessed through the CRU. Id. 22 Countervailing Duty Petitions Covering Certain 19 Id. See Memorandum, ‘‘Countervailing Duty Uncoated Groundwood Paper from Canada. Petition on Certain Uncoated Groundwood Paper 23 See Volume I of the Petition, at 19 and Exhibit 26 See Volume III of the Petition at Exhibits III– from Canada: GOC Consultations,’’ dated August I–12. 7 and III–8; and AD Initiation Checklist. 24, 2017; and letter from the GOC re: ‘‘Uncoated 24 Id., at 17–28, Exhibit I–3, Exhibit I–6, and 27 Groundwood Paper from Canada: Submission of Exhibits I–11 through I–17. See AD Initiation Checklist. Consultations Paper,’’ dated August 25, 2017. For 25 See AD Initiation Checklist, at Attachment III, 28 Id. a discussion of the GOC’s comments, see the AD Analysis of Allegations and Evidence of Material 29 Id. Initiation Checklist, at Attachment II. Injury and Causation for the Antidumping and 30 Id.
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determination no later than 140 days electronically using ACCESS. An information are addressed in 19 CFR after the date of this initiation. electronically-filed document must be 351.301, which provides specific time Under the Trade Preferences received successfully, in its entirety, by limits based on the type of factual Extension Act of 2015, numerous ACCESS no later than 5:00 p.m. ET by information being submitted. Interested amendments to the AD and CVD law the dates noted above. We intend to parties should review the regulations were made.31 The 2015 law does not make our decision regarding respondent prior to submitting factual information specify dates of application for those selection in this investigation within 20 in this investigation. amendments. On August 6, 2015, the days of publication of this notice. Extensions of Time Limits Department published an interpretative rule, in which it announced the Distribution of Copies of the Petition Parties may request an extension of applicability dates for each amendment In accordance with section time limits before the expiration of a to the Act, except for amendments 732(b)(3)(A)(i) of the Act and 19 CFR time limit established under 19 CFR contained in section 771(7) of the Act, 351.202(f), copies of the public version 351.301, or as otherwise specified by the which relate to determinations of of the Petition have been provided to Secretary. In general, an extension material injury by the ITC.32 The the GOC via ACCESS. To the extent request will be considered untimely if it amendments to sections 771(15), 773, practicable, we will attempt to provide is filed after the expiration of the time 776, and 782 of the Act are applicable a copy of the public version of the limit established under 19 CFR 351.301. to all determinations made on or after Petition to each exporter named in the For submissions that are due from August 6, 2015, and, therefore, apply to Petition, as provided under 19 CFR multiple parties simultaneously, an this AD investigation.33 351.203(c)(2). extension request will be considered untimely if it is filed after 10:00 a.m. ET Respondent Selection ITC Notification on the due date. Under certain The petitioner named eight We will notify the ITC of our circumstances, we may elect to specify companies in Canada as producers/ initiation, as required by section 732(d) a different time limit by which exporters of UGW paper.34 Following of the Act. extension requests will be considered standard practice in AD investigations untimely for submissions which are due Preliminary Determination by the ITC involving market economy countries, in from multiple parties simultaneously. In the event the Department determines The ITC will preliminarily determine, such a case, we will inform parties in that the number of companies in Canada within 45 days after the date on which the letter or memorandum setting forth is large, the Department intends to the Petition was filed, whether there is the deadline (including a specified time) review U.S. Customs and Border a reasonable indication that imports of by which extension requests must be Protection (CBP) data for U.S. imports of UGW paper from Canada are materially filed to be considered timely. An UGW paper during the POI under the injuring or threatening material injury to extension request must be made in a appropriate Harmonized Tariff Schedule a U.S. industry. A negative ITC separate, stand-alone submission; under of the United States subheadings, and if determination will result in the limited circumstances we will grant it determines that it cannot individually investigation being terminated.35 untimely-filed requests for the extension examine each company based upon the Otherwise, the investigation will of time limits. Parties should review Department’s resources, then the proceed according to statutory and Extension of Time Limits; Final Rule, 78 Department will select respondents regulatory time limits. FR 57790 (September 20, 2013), based on those data. We intend to Submission of Factual Information available at http://www.gpo.gov/fdsys/ release the CBP data under pkg/FR-2013-09-20/html/2013- Administrative Protective Order (APO) Factual information is defined in 19 22853.htm, prior to submitting factual to all parties with access to information CFR 351.102(b)(21) as: (i) Evidence information in this investigation. protected by APO within five business submitted in response to questionnaires; Certification Requirements days of the announcement of the (ii) evidence submitted in support of initiation of this investigation. allegations; (iii) publicly available Any party submitting factual Interested parties must submit information to value factors under 19 information in an AD or CVD applications for disclosure under APO CFR 351.408(c) or to measure the proceeding must certify to the accuracy in accordance with 19 CFR 351.305(b). adequacy of remuneration under 19 CFR and completeness of that information.38 Instructions for filing such applications 351.511(a)(2); (iv) evidence placed on Parties are hereby reminded that revised may be found on the Department’s Web the record by the Department; and (v) certification requirements are in effect site at http://enforcement.trade.gov/apo. evidence other than factual information for company/government officials, as Interested parties may submit comments described in (i)–(iv). 19 CFR 351.301(b) well as their representatives. regarding the CBP data and respondent requires any party, when submitting Investigations initiated on the basis of selection by 5:00 p.m. ET three calendar factual information, to specify under petitions filed on or after August 16, days after publication. The Department which subsection of 19 CFR 2013, and other segments of any AD or will not accept rebuttal comments 351.102(b)(21) the information is being CVD proceedings initiated on or after 36 regarding the CBP data or respondent submitted and, if the information is August 16, 2013, should use the formats selection. Comments must be filed submitted to rebut, clarify, or correct for the revised certifications provided at factual information already on the the end of the Final Rule.39 The 31 See Trade Preferences Extension Act of 2015, record, to provide an explanation Department intends to reject factual Pub. L. 114–27, 129 Stat. 362 (2015). identifying the information already on 32 See Dates of Application of Amendments to the the record that the factual information 38 See section 782(b) of the Act. Antidumping and Countervailing Duty Laws Made seeks to rebut, clarify, or correct.37 Time 39 See Certification of Factual Information to by the Trade Preferences Extension Act of 2015, 80 limits for the submission of factual Import Administration during Antidumping and FR 46793 (August 6, 2015). Countervailing Duty Proceedings, 78 FR 42678 (July 33 Id. at 46794–95. The 2015 amendments may be 17, 2013) (Final Rule); see also frequently asked found at https://www.congress.gov/bill/114th- 35 See section 733(a) of the Act. questions regarding the Final Rule, available at congress/house-bill/1295/text/pl. 36 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ 34 See Volume I of the Petition at Exhibit I–9. 37 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf.
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submissions if the submitting party does 4801.00.0140, 4802.61.1000, 4802.61.2000, responses to these requests on August not comply with applicable revised 4802.61.3110, 4802.61.3191, 4802.61.6040, 15 and 16, 2017.4 On August 17, 2017, certification requirements. 4802.62.1000, 4802.62.2000, 4802.62.3000, the Department contacted the petitioner 4802.62.6140, 4802.69.1000, 4802.69.2000, and 4802.69.3000. Subject merchandise may regarding the proposed scope of the Notification to Interested Parties 5 also be imported under several additional investigations. The petitioner filed Interested parties must submit subheadings including 4805.91.5000, revised scope language on August 21, applications for disclosure under APO 4805.91.7000, and 4805.91.9000. Although 2017.6 As discussed below, on August in accordance with 19 CFR 351.305. On the HTSUS subheadings are provided for 10, 2017, the Department issued polling January 22, 2008, the Department convenience and customs purposes, the questionnaires to all known U.S. published Antidumping and written description of the merchandise is producers of UGW paper. The Countervailing Duty Proceedings: dispositive. Department received responses from all Documents Submission Procedures; [FR Doc. 2017–18726 Filed 8–31–17; 8:45 am] recipients of the polling questionnaires. APO Procedures, 73 FR 3634 (January BILLING CODE 3510–DS–P In accordance with section 702(b)(1) 22, 2008). Parties wishing to participate of the Tariff Act of 1930, as amended in this investigation should ensure that (the Act), the petitioner alleges that the DEPARTMENT OF COMMERCE they meet the requirements of these Government of Canada (GOC) and the procedures (e.g., the filing of letters of International Trade Administration provincial governments of Alberta appearance as discussed at 19 CFR (GOA), British Colombia (GBS), 351.103(d)). [C–122–862] Newfoundland and Labrador (GNL), This notice is issued and published Ontario (GOO), Quebec (GOQ), and New pursuant to sections 732(c)(2) and 777(i) Certain Uncoated Groundwood Paper Brunswick (GNB) are providing of the Act, and 19 CFR 351.203(c). From Canada: Initiation of Countervailing Duty Investigation countervailable subsidies, within the Dated: August 29, 2017. meaning of sections 701 and 771(5) of Gary Taverman, AGENCY: Enforcement and Compliance, the Act, to imports of UGW paper from Deputy Assistant Secretary for Antidumping International Trade Administration, Canada and that such imports are and Countervailing Duty Operations, Department of Commerce. materially injuring, or threatening performing the non-exclusive functions and DATES: Applicable September 1, 2017. material injury to, the domestic industry duties of the Assistant Secretary for producing UGW paper in the United Enforcement and Compliance. FOR FURTHER INFORMATION CONTACT: David Crespo at (202) 482–3693, or States. Also, consistent with section Appendix—Scope of the Investigation Whitley Herndon at (202) 482–6274, 702(b)(1) of the Act, for those alleged programs on which we are initiating a The merchandise covered by this Office II, AD/CVD Operations, investigation includes certain paper that has Enforcement and Compliance, CVD investigation, the Petition is not been coated on either side and with 50 International Trade Administration, accompanied by information reasonably percent or more of the cellulose fiber content U.S. Department of Commerce, 1401 available to the petitioner supporting its consisting of groundwood pulp, including Constitution Avenue NW., Washington, allegations. groundwood pulp made from recycled paper, DC 20230. The Department finds that the weighing not more than 90 grams per square petitioner filed this Petition on behalf of meter. Groundwood pulp includes all forms SUPPLEMENTARY INFORMATION: the domestic industry because the of pulp produced from a mechanical pulping The Petition process, such as thermo-mechanical process petitioner is an interested party as (TMP), chemi-thermo mechanical process On August 9, 2017, the U.S. defined in section 771(9)(C) of the Act. (CTMP), bleached chemi-thermo mechanical Department of Commerce (the The Department also finds that the process (BCTMP) or any other mechanical Department) received a countervailing petitioner demonstrated sufficient pulping process. The scope includes paper duty (CVD) Petition concerning imports industry support with respect to the shipped in any form, including but not of certain uncoated groundwood paper initiation of the CVD investigation that limited to both rolls and sheets. (UGW paper) from Canada, filed in the petitioner is requesting.7 Certain uncoated groundwood paper proper form on behalf of North Pacific includes but is not limited to standard Period of Investigation newsprint, high bright newsprint, book Paper Company (NORPAC, or the publishing, directory, and printing and petitioner).1 The CVD Petition was Because the Petition was filed on writing papers. The scope includes paper accompanied by an antidumping duty August 9, 2017, the period of that is white, off-white, cream, or colored. (AD) Petition concerning imports of investigation (POI) is January 1, 2016, Specifically excluded from the scope are UGW paper from Canada. The petitioner through December 31, 2016. imports of certain uncoated groundwood is a domestic producer of UGW paper.2 paper printed with final content of printed On August 11 and 14, 2017, the 4 See Letter from the petitioner re: Certain text or graphic. Also excluded are papers that Department requested supplemental otherwise meet this definition, but which Uncoated Groundwood Paper from Canada/ have undergone a supercalendering information pertaining to certain areas Responses to Supplemental Questions on the Injury 3 process.40 of the Petition. The petitioner filed Volume of the Petitions, dated August 15, 2017 (General Issues Supplemental Response); see also Certain uncoated groundwood paper is Letter from the petitioner re: Certain Uncoated 1 See Letter from the petitioner re: ‘‘Petitions for classifiable in the Harmonized Tariff Groundwood Paper from Canada/Petitioner’s Schedule of the United States (HTSUS) in the Imposition of Antidumping and Countervailing Duties on Uncoated Groundwood Paper from Responses to Supplemental Questions on the several subheadings, including 4801.00.0120, Canada,’’ dated August 9, 2017 (the Petition). Countervailing Duty Volume of the Petition, dated August 16, 2017 (CVD Supplement). 2 Id., Volume I of the Petition, at 1. 40 5 See Memorandum, ‘‘Phone Call with Counsel to Supercalendering imparts a glossy finish 3 See Department Letter re: Petitions for the produced by the movement of the paper web Imposition of Antidumping and Countervailing the Petitioner,’’ dated August 17, 2017 (Scope through a supercalender which is a stack of Duties on Imports of Certain Uncoated Groundwood Phone Call). alternating rollers of metal and cotton (or other Paper from Canada: Supplemental Questions, dated 6 See Letter from the petitioner re: Certain softer material). The supercalender runs at high August 11, 2017 (General Issues Supplemental Uncoated Groundwood Paper from Canada/Further speed and applies pressure, heat, and friction Questionnaire); see also Department Letter re: Revisions to The Scope Language, dated August 21, which glazes the surface of the paper, imparting Petition for the Imposition of Countervailing Duties 2017 (Scope Revision Letter). gloss to the surface and increasing the paper’s on Imports of Certain Uncoated Groundwood Paper 7 See the ‘‘Determination of Industry Support for smoothness and density. from Canada, dated August 14, 2017. the Petition’’ section, below.
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Scope of the Investigation Duty Centralized Electronic Service the petition, as required by 12 The product covered by this System (ACCESS). An electronically subparagraph (A); or (ii) determine investigation is UGW paper from filed document must be received industry support using a statistically Canada. For a full description of the successfully in its entirety by the time valid sampling method to poll the scope of this investigation, see the and date it is due. Documents exempted ‘‘industry.’’ ‘‘Scope of the Investigation,’’ in the from the electronic submission Section 771(4)(A) of the Act defines Appendix to this notice. requirements must be filed manually the ‘‘industry’’ as the producers as a (i.e., in paper form) with Enforcement whole of a domestic like product. Thus, Comments on Scope of the Investigation and Compliance’s APO/Dockets Unit, to determine whether a petition has the During our review of the Petition, the Room 18022, U.S. Department of requisite industry support, the statute Department issued questions to, and Commerce, 1401 Constitution Avenue directs the Department to look to received responses from, the petitioner NW., Washington, DC 20230, and producers and workers who produce the pertaining to the proposed scope to stamped with the date and time of domestic like product. The International ensure that the scope language in the receipt by the applicable deadlines. Trade Commission (ITC), which is Petition would be an accurate reflection Consultations responsible for determining whether of the products for which the domestic ‘‘the domestic industry’’ has been industry is seeking relief.8 Pursuant to sections 702(b)(4)(A)(i) injured, must also determine what As discussed in the preamble to the and (ii) of the Act, the Department constitutes a domestic like product in Department’s regulations, we are setting notified representatives of the GOC of order to define the industry. While both aside a period for interested parties to the receipt of the Petition, and provided the Department and the ITC must apply raise issues regarding product coverage them the opportunity for consultations the same statutory definition regarding 13 (scope).9 The Department will consider with respect to the CVD Petition. the domestic like product,15 they do so all comments received from interested Consultations with the GOC were held for different purposes and pursuant to a parties and, if necessary, will consult at the Department of Commerce on separate and distinct authority. In 14 with the interested parties prior to the August 23, 2017. addition, the Department’s issuance of the preliminary Determination of Industry Support for determination is subject to limitations of determination. If scope comments the Petition time and information. Although this include factual information,10 all such Section 702(b)(1) of the Act requires may result in different definitions of the factual information should be limited to like product, such differences do not public information. To facilitate that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) render the decision of either agency preparation of its questionnaires, the 16 of the Act provides that a petition meets contrary to law. Department requests all interested Section 771(10) of the Act defines the parties to submit such comments by this requirement if the domestic producers or workers who support the domestic like product as ‘‘a product 5:00 p.m. Eastern Time (ET) on Monday, which is like, or in the absence of like, September 18, 2017, which is 20 petition account for: (i) At least 25 percent of the total production of the most similar in characteristics and uses calendar days from the signature date of with, the article subject to an this notice. Any rebuttal comments, domestic like product; and (ii) more than 50 percent of the production of the investigation under this title.’’ Thus, the which may include factual information, reference point from which the must be filed by 5:00 p.m. ET on domestic like product produced by that portion of the industry expressing domestic like product analysis begins is Thursday, September 28, 2017, which is ‘‘the article subject to an investigation’’ 10 calendar days from the initial support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) (i.e., the class or kind of merchandise to comments deadline.11 be investigated, which normally will be The Department requests that any of the Act provides that, if the petition does not establish support of domestic the scope as defined in the Petition). factual information the parties consider With regard to the domestic like relevant to the scope of the investigation producers or workers accounting for more than 50 percent of the total product, the petitioner does not offer a be submitted during this time period. definition of the domestic like product However, if a party subsequently finds production of the domestic like product, the Department shall: (i) Poll the distinct from the scope of the that additional factual information investigation. Based on our analysis of pertaining to the scope of the industry or rely on other information in order to determine if there is support for the information submitted on the investigation may be relevant, the party record, we have determined that UGW may contact the Department and request 12 paper, as defined in the scope, permission to submit the additional See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; constitutes a single domestic like information. All such comments must Administrative Protective Order Procedures, 76 FR product and we have analyzed industry be filed on the records of the concurrent 39263 (July 6, 2011), see also Enforcement and support in terms of that domestic like AD and CVD investigations. Compliance: Change of Electronic Filing System 17 Name, 79 FR 69046 (November 20, 2014) for details product. Filing Requirements of the Department’s electronic filing requirements, which went into effect on August 5, 2011. 15 See section 771(10) of the Act. All submissions to the Department Information on help using ACCESS can be found at 16 See USEC, Inc. v. United States, 132 F. Supp. must be filed electronically using https://access.trade.gov/help.aspx, and a handbook 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. Enforcement and Compliance’s can be found at https://access.trade.gov/help/ v. United States, 688 F. Supp. 639, 644 (CIT 1988), Antidumping Duty and Countervailing Handbook%20on%20Electronic%20Filling%20 aff’d 865 F.2d 240 (Fed. Cir. 1989)). Procedures.pdf. 17 For a discussion of the domestic like product 13 See Letter to the Embassy of Canada re: analysis as applied to this case, see Countervailing 8 See General Issues Supplemental Questionnaire; Uncoated Groundwood Paper from Canada: Duty Investigation Initiation Checklist: Certain see also General Issues Supplemental Response, Invitation for Consultations to Discuss the Uncoated Groundwood Paper from Canada (CVD and Scope Revision Letter. Countervailing Duty Petition, dated August 10, Initiation Checklist), at Attachment II, Analysis of 9 See Antidumping Duties; Countervailing Duties; 2017. Industry Support for the Petitions Covering Certain Final Rule, 62 FR 27296, 27323 (May 19, 1997). 14 See Memorandum, ‘‘Countervailing Duty Uncoated Groundwood Paper from Canada 10 See 19 CFR 351.102(b)(21) (defining ‘‘factual Petition on Certain Uncoated Groundwood Paper (Attachment II). This checklist is dated information’’). from Canada: GOC Consultations,’’ dated August concurrently with this notice and on file 11 See 19 CFR 351.303(b). 24, 2017. electronically via ACCESS. Access to documents
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Based on information provided in the is related to such an importer under The petitioner contends that the Petition, the share of total estimated section 771(4)(B)(ii) of the Act. industry’s injured condition is U.S. production of the domestic like We received objection to the Petition illustrated by a significant volume of product in calendar year 2016 from those that produce domestic like subject imports and significant increase represented by the petitioner did not product and are related to a foreign in the volume of subject imports relative account for more than 50 percent of the producer of subject merchandise and/or to U.S. consumption; reduced market total production of the domestic like who imported subject merchandise from share; underselling and price product. Therefore, in accordance with Canada. We have analyzed the suppression or depression; lost sales section 702(c)(4)(D) of the Act, we information provided in the polling and revenues; adverse effects on polled the industry.18 questionnaire responses and production, capacity utilization, U.S. On August 10, 2017, we issued information provided in other shipments, and employment; declines polling questionnaires to all known submissions to the Department. Based in financial performance; and capacity producers of UGW paper, identified in on our analysis, we disregarded the closures and conversions.26 We have the Petition.19 We requested that each opposition pursuant to section assessed the allegations and supporting company complete the polling 702(c)(4)(B) of the Act. When the evidence regarding material injury, questionnaire and certify its response by position in opposition to the petition is threat of material injury, and causation, the due date specified in the cover letter disregarded, the industry support and we have determined that these to the questionnaire.20 On August 23, requirements of section 702(c)(4)(A) of allegations are properly supported by 2017, in consultations with the the Act are satisfied.22 adequate evidence and meet the Department held with respect to the The data collected demonstrate that statutory requirements for initiation.27 CVD Petition, the GOC provided the domestic producers of UGW paper comments on industry support.21 which support the Petition account for Initiation of CVD Investigation Section 702(c)(4)(B) of the Act states at least 25 percent of the total Based on the examination of the CVD that (i) the Department ‘‘shall disregard production of the domestic like product Petition, we find that the Petition meets the position of domestic producers who and, once the opposition is disregarded, the requirements of section 702 of the oppose the petition if such producers account for more than 50 percent of the Act. Therefore we are initiating a CVD are related to foreign producers, as production of the domestic like product investigation to determine whether defined in section 771(4)(B)(ii), unless produced by that portion of the industry imports of UGW paper from Canada such domestic producers demonstrate expressing support for, or opposition to, benefit from countervailable subsidies 23 that their interests as domestic the Petition. Therefore, the conferred by the government of Canada. producers would be adversely affected Department determines that the In accordance with section 703(b)(1) of by the imposition of an antidumping petitioner filed this Petition on behalf of the Act and 19 CFR 351.205(b)(1), duty order;’’ and (ii) the Department the domestic industry in accordance unless postponed, we will make our ‘‘may disregard the position of domestic with section 702(b)(1) of the Act preliminary determination no later than producers of a domestic like product because it is an interested party as 65 days after the date of this initiation. who are importers of the subject defined in section 771(9)(C) of the Act Under the Trade Preferences merchandise.’’ In addition, 19 CFR and it has demonstrated sufficient Extension Act of 2015, numerous 351.203(e)(4) states that the position of industry support with respect to the amendments to the AD and CVD laws a domestic producer that opposes the CVD investigation that it is requesting 28 24 were made. The 2015 law does not petition (i) will be disregarded if such the Department initiate. specify dates of application for those producer is related to a foreign producer Injury Test amendments. On August 6, 2015, the or to a foreign exporter under section Department published an interpretative 771(4)(B)(ii) of the Act, unless such Because Canada is a ‘‘Subsidies rule, in which it announced the domestic producer demonstrates to the Agreement Country’’ within the applicability dates for each amendment Secretary’s satisfaction that its interests meaning of section 701(b) of the Act, to the Act, except for amendments as a domestic producer would be section 701(a)(2) of the Act applies to contained in section 771(7) of the Act, adversely affected by the imposition of this investigation. Accordingly, the ITC which relate to determinations of an antidumping order; and (ii) may be must determine whether imports of the material injury by the ITC.29 The disregarded if the producer is an subject merchandise from Canada amendments to sections 776 and 782 of importer of the subject merchandise or materially injure, or threaten material injury to, a U.S. industry. the Act are applicable to all determinations made on or after August filed via ACCESS is also available in the Central Allegations and Evidence of Material Records Unit (CRU), Room B8024 of the main 6, 2015, and, therefore, apply to this Department of Commerce building. Injury and Causation CVD investigation.30 18 Id. The petitioner alleges that imports of 19 See Volume I of the Petition, at Exhibit I–8; see the subject merchandise are benefitting 26 See Volume I of the Petition, at 17–28, Exhibit also Memorandum, ‘‘Certain Uncoated I–3, Exhibit I–6, and Exhibits I–11 through I–17. Groundwood Paper from Canada: Polling from countervailable subsidies and that 27 Questionnaire,’’ dated August 14, 2017. such imports are causing, or threaten to See CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material 20 For a detailed discussion of the responses cause, material injury to the U.S. Injury and Causation for the Antidumping and received, see CVD Initiation Checklist, at industry producing the domestic like Attachment II. The polling questionnaire and Countervailing Duty Petitions Covering Certain questionnaire responses are on file electronically product. In addition, the petitioner Uncoated Groundwood Paper from Canada. via ACCESS and can also be accessed through the alleges that subject imports exceed the 28 See Trade Preferences Extension Act of 2015, CRU. negligibility threshold provided for Public Law 114–27, 129 Stat. 362 (2015). 29 21 See Memorandum, ‘‘Countervailing Duty under section 771(24)(A) of the Act.25 See Dates of Application of Amendments to the Petition on Certain Uncoated Groundwood Paper Antidumping and Countervailing Duty Laws Made from Canada: GOC Consultations,’’ dated August by the Trade Preferences Extension Act of 2015, 80 22 24, 2017; and letter from the GOC re: ‘‘Uncoated See CVD Initiation Checklist, at Attachment II. FR 46793 (August 6, 2015) (Applicability Notice). Groundwood Paper from Canada: Submission of 23 Id. The 2015 amendments may be found at https:// Consultations Paper,’’ dated August 25, 2017. For 24 Id. www.congress.gov/bill/114th-congress/house-bill/ a discussion of the GOC’s comments, see the AD 25 See Volume I of the Petition, at 19 and Exhibit 1295/text/pl. Initiation Checklist, at Attachment II. I–12. 30 See Applicability Notice, 80 FR at 46794–95.
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Subsidy Allegations Distribution of Copies of the Petition Extensions of Time Limits Based on our review of the Petition, In accordance with section Parties may request an extension of we find that there is sufficient 702(b)(4)(A)(i) of the Act and 19 CFR time limits before the expiration of a information to initiate a CVD 351.202(f), copies of the public version time limit established under 19 CFR investigation on 63 of the 65 alleged of the Petition have been provided to 351.301, or as otherwise specified by the programs. For a full discussion of the the GOC via ACCESS. To the extent Secretary. In general, an extension basis for our decision to initiate, or not practicable, we will attempt to provide request will be considered untimely if it initiate, on each program, see the CVD a copy of the public version of the is filed after the expiration of the time Initiation Checklist. A public version of Petition to each exporter named in the limit established under 19 CFR 351.301 expires. For submissions that are due the initiation checklist for this Petition, as provided under 19 CFR from multiple parties simultaneously, investigation is available on ACCESS. 351.203(c)(2). In accordance with section 703(b)(1) an extension request will be considered of the Act and 19 CFR 351.205(b)(1), ITC Notification untimely if it is filed after 10:00 a.m. ET unless postponed, we will make our on the due date. Under certain We will notify the ITC of our preliminary determination no later than circumstances, we may elect to specify initiation, as required by section 702(d) 65 days after the date of this initiation. a different time limit by which of the Act. extension requests will be considered Respondent Selection Preliminary Determination by the ITC untimely for submissions which are due The petitioner named seven from multiple parties simultaneously. In companies as producers/exporters of The ITC will preliminarily determine, such a case, we will inform parties in UGW paper in Canada.31 Following within 45 days after the date on which the letter or memorandum setting forth standard practice in CVD investigations, the Petition was filed, whether there is the deadline (including a specified time) in the event the Department determines a reasonable indication that imports of by which extension requests must be that the number of companies is large, UGW paper from Canada are materially filed to be considered timely. An the Department intends to review U.S. injuring, or threatening material injury extension request must be made in a Customs and Border Protection (CBP) to, a U.S. industry. A negative ITC separate, stand-alone submission; under data for U.S. imports of UGW paper determination will result in the limited circumstances we will grant during the POI under the appropriate investigation being terminated.32 untimely-filed requests for the extension Harmonized Tariff Schedule of the Otherwise, this investigation will of time limits. Parties should review United States subheadings, and if it proceed according to statutory and Extension of Time Limits; Final Rule, 78 determines that it cannot individually regulatory time limits. FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/ examine each company based upon the Submission of Factual Information Department’s resources, then the pkg/FR-2013-09-20/html/2013- Department will select respondents Factual information is defined in 19 22853.htm, prior to submitting factual based on those data. We intend to CFR 351.102(b)(21) as: (i) Evidence information in this investigation. release CBP data under Administrative submitted in response to questionnaires; Certification Requirements Protective Order (APO) to all parties (ii) evidence submitted in support of Any party submitting factual with access to information protected by allegations; (iii) publicly available information in an AD or CVD APO within five business days of the information to value factors under 19 proceeding must certify to the accuracy announcement of the initiation of this CFR 351.408(c) or to measure the and completeness of that information.35 investigation. Interested parties must adequacy of remuneration under 19 CFR Parties are hereby reminded that revised submit applications for disclosure under 351.511(a)(2); (iv) evidence placed on certification requirements are in effect APO in accordance with 19 CFR the record by the Department; and (v) for company/government officials, as 351.305(b). Instructions for filing such evidence other than factual information well as their representatives. applications may be found on the described in (i)–(iv). 19 CFR 351.301(b) Investigations initiated on the basis of Department’s Web site at http:// requires any party, when submitting petitions filed on or after August 16, enforcement.trade.gov/apo. factual information, to specify under 2013, and other segments of any AD or Interested parties may submit which subsection of 19 CFR CVD proceedings initiated on or after comments regarding the CBP data and 351.102(b)(21) the information is being August 16, 2013, should use the formats respondent selection by 5:00 p.m. ET submitted 33 and, if the information is for the revised certifications provided at three calendar days after publication. submitted to rebut, clarify, or correct the end of the Final Rule.36 The The Department will not accept rebuttal factual information already on the Department intends to reject factual comments regarding the CBP data or record, to provide an explanation submissions if the submitting party does respondent selection. identifying the information already on not comply with the applicable revised Comments must be filed the record that the factual information certification requirements. electronically using ACCESS. An seeks to rebut, clarify, or correct.34 Time electronically filed document must be limits for the submission of factual Notification to Interested Parties received successfully, in its entirety, by information are addressed in 19 CFR Interested parties must submit ACCESS no later than 5:00 p.m. ET on 351.301, which provides specific time applications for disclosure under APO the date noted above. If respondent limits based on the type of factual in accordance with 19 CFR 351.305. On selection is necessary, within 20 days of information being submitted. Interested publication of this notice, we intend to parties should review the regulations 35 See section 782(b) of the Act. make our decision regarding respondent prior to submitting factual information 36 See Certification of Factual Information to selection based upon comments in this investigation. Import Administration During Antidumping and received from interested parties and our Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked analysis of the record information. 32 See section 733(a) of the Act. questions regarding the Final Rule, available at 33 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ 31 See Volume I of the Petition at Exhibit I–9. 34 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf.
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January 22, 2008, the Department 4805.91.7000, and 4805.91.9000. Although interested party status under section published Antidumping and the HTSUS subheadings are provided for 771(9)(C) of the Act, as a manufacturer Countervailing Duty Proceedings: convenience and customs purposes, the in the United States of a domestic like Documents Submission Procedures; written description of the merchandise is product. On May 25, 2017, the dispositive. APO Procedures, 73 FR 3634 (January petitioner filed its Substantive Response 22, 2008). Parties wishing to participate [FR Doc. 2017–18727 Filed 8–31–17; 8:45 am] in the sunset review within the 30-day in this investigation should ensure that BILLING CODE 3510–DS–P deadline, as specified in 19 CFR they meet the requirements of these 351.218(d)(3).4 The Department procedures (e.g., the filing of letters of received no substantive responses from appearance as discussed at 19 CFR DEPARTMENT OF COMMERCE respondent interested parties. As a result, pursuant to section 751(c)(3)(B) 351.103(d)). International Trade Administration This notice is issued and published of the Act and 19 CFR pursuant to sections 702(c)(2) and 777(i) [A–570–977] 351.218(e)(1)(ii)(C)(2), the Department of the Act and 19 CFR 351.203(c). conducted an expedited sunset review High Pressure Steel Cylinders From of the AD Order. Dated: August 29, 2017. the People’s Republic of China: Final Gary Taverman, Results of the Expedited First Sunset Scope of the Order Deputy Assistant Secretary for Antidumping Review of the Antidumping Duty Order The merchandise covered by the and Countervailing Duty Operations, Order is seamless steel cylinders performing the non-exclusive functions and AGENCY: Enforcement and Compliance, designed for storage or transport of duties of the Assistant Secretary for International Trade Administration, Enforcement and Compliance. compressed or liquefied gas (high Department of Commerce. pressure steel cylinders). High pressure Appendix SUMMARY: As a result of this sunset steel cylinders are fabricated of chrome review, the Department of Commerce Scope of the Investigation alloy steel including, but not limited to, (the Department) finds that revocation chromium-molybdenum steel or The merchandise covered by this of the antidumping duty order on chromium magnesium steel, and have investigation includes certain paper that has certain high pressure steel cylinders not been coated on either side and with 50 permanently impressed into the steel, percent or more of the cellulose fiber content (HPSCs) from the People’s Republic of either before or after importation, the consisting of groundwood pulp, including China (PRC) would be likely to lead to symbol of a U.S. Department of groundwood pulp made from recycled paper, continuation or recurrence of dumping Transportation, Pipeline and Hazardous weighing not more than 90 grams per square at the levels indicated in the ‘‘Final Materials Safety Administration (DOT)- meter. Groundwood pulp includes all forms Results of Review’’ section of this approved high pressure steel cylinder of pulp produced from a mechanical pulping notice. manufacturer, as well as an approved process, such as thermo-mechanical process DOT type marking of DOT 3A, 3AX, (TMP), chemi-thermo mechanical process DATES: Applicable August 28, 2017. (CTMP), bleached chemi-thermo mechanical FOR FURTHER INFORMATION CONTACT: 3AA, 3AAX, 3B, 3E, 3HT, 3T, or DOT– process (BCTMP) or any other mechanical Kenneth Hawkins, AD/CVD Operations, E (followed by a specific exemption pulping process. The scope includes paper Enforcement and Compliance, number) in accordance with the shipped in any form, including but not International Trade Administration, requirements of sections 178.36 through limited to both rolls and sheets. U.S. Department of Commerce, 1401 178.68 of Title 49 of the Code of Federal Certain uncoated groundwood paper Regulations, or any subsequent includes but is not limited to standard Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6491. amendments thereof. High pressure newsprint, high bright newsprint, book steel cylinders covered by the Order publishing, directory, and printing and SUPPLEMENTARY INFORMATION: have a water capacity up to 450 liters, writing papers. The scope includes paper that is white, off-white, cream, or colored. Background and a gas capacity ranging from 8 to 702 cubic feet, regardless of corresponding Specifically excluded from the scope are On June 21, 2012, the Department of service pressure levels and regardless of imports of certain uncoated groundwood Commerce (Department) published the physical dimensions, finish or coatings. paper printed with final content of printed notice of the antidumping duty order on text or graphic. Also excluded are papers that Excluded from the scope of the Order otherwise meet this definition, but which high pressure steel cylinders from the 1 are high pressure steel cylinders have undergone a supercalendering PRC. On April 3, 2017, the Department manufactured to UN–ISO–9809–1 and 2 process.37 published the notice of initiation of the specifications and permanently Certain uncoated groundwood paper is first sunset review of the AD Order, impressed with ISO or UN symbols. classifiable in the Harmonized Tariff pursuant to section 751(c) of the Tariff Also excluded from the Order are Schedule of the United States (HTSUS) in Act of 1930, as amended (Act).2 On May several subheadings, including 4801.00.0120, acetylene cylinders, with or without 8, 2017, the Department received a internal porous mass, and permanently 4801.00.0140, 4802.61.1000, 4802.61.2000, notice of intent to participate from one 4802.61.3110, 4802.61.3191, 4802.61.6040, impressed with 8A or 8AL in 4802.62.1000, 4802.62.2000, 4802.62.3000, domestic interested party: Norris accordance with DOT regulations. 4802.62.6140, 4802.69.1000, 4802.69.2000, Cylinder Company (the petitioner) Merchandise covered by the Order is and 4802.69.3000. Subject merchandise may within the deadline specified in 19 CFR classified in the Harmonized Tariff also be imported under several additional 351.218(d)(1).3 The petitioner claimed Schedule of the United States (HTSUS) subheadings including 4805.91.5000, under subheading 7311.00.00.30. 1 See High Pressure Steel Cylinders from the Subject merchandise may also enter 37 Supercalendering imparts a glossy finish People’s Republic of China: Antidumping Duty under HTSUS subheadings produced by the movement of the paper web Order, 77 FR 37377 (June 21, 2012) (AD Order). through a supercalender which is a stack of 2 See Initiation of Five-Year (Sunset) Review, 82 7311.00.00.60 or 7311.00.00.90. alternating rollers of metal and cotton (or other FR 20314 (May 1, 2017). softer material). The supercalender runs at high 3 See High Pressure Steel Cylinders from the 4 See Letter to the Secretary from the petitioner, speed and applies pressure, heat, and friction People’s Republic of China; Notice of Appearance High Pressure Steel Cylinders from the People’s which glazes the surface of the paper, imparting and of Intent to Participate on Behalf of the Republic of China’ Substantive Response to Notice gloss to the surface and increasing the paper’s petitioner, Norris Cylinder Company in Sunset of Initiation of Norris Cylinder Company (May 25, smoothness and density. Review of Antidumping Duty Order (May 8, 2017). 2017) (Substantive Response).
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Although the HTSUS subheadings are sections 751(c), 752(c), and 777(i)(1) of certain cased pencils from the PRC.1 On provided for convenience and customs the Act and 19 CFR 351.218. June 1, 2016, the Department published purposes, the written description of the Dated: August 28, 2017. the notice of initiation of the fourth merchandise under the Order is sunset review of the Order, pursuant to Gary Taverman, dispositive. section 751(c) of the Tariff Act of 1930, Deputy Assistant Secretary for Antidumping as amended (the Act).2 As a result of its Analysis of Comments Received and Countervailing Duty Operations, review, the Department determined that A complete discussion of all issues performing the non-exclusive functions and duties of the Assistant Secretary for revocation of the Order would likely raised in this sunset review, including Enforcement and Compliance. lead to a continuation or recurrence of the likelihood of continuation or dumping.3 The Department, therefore, recurrence of dumping in the event of Appendix notified the ITC of the magnitude of the revocation of the AD Order and the List of Topics Discussed in the Issues and margins likely to prevail should the magnitude of the margins likely to Decision Memorandum Order be revoked. On August 17, 2017, prevail if the AD Order were revoked, is I. Summary the ITC determined that revoking the provided in the Issues and Decision II. Background Order on certain cased pencils from the Memorandum, which is hereby adopted III. Scope of the Order PRC would be likely to lead to by this notice.5 A list of topics included IV. History of the Order continuation or recurrence of material in the Issues and Decision V. Discussion of the Issues injury to an industry in the United Memorandum is included as an 1. Likelihood of Continuation or States within a reasonably foreseeable appendix to this notice. The Issues and Recurrence of Dumping time.4 Decision Memorandum is a public 2. Magnitude of the Margins Likely to document and is on file electronically Prevail Scope of the Order VI. Final Results of Sunset Review Imports covered by the Order are via Enforcement and Compliance’s VII. Recommendation Antidumping and Countervailing Duty [FR Doc. 2017–18590 Filed 8–31–17; 8:45 am] shipments of certain cased pencils of any shape or dimension (except as Centralized Electronic Services System BILLING CODE 3510–DS–P (ACCESS). ACCESS is available to described below) which are writing and/ registered users at http:// or drawing instruments that feature access.trade.gov and to all parties in the DEPARTMENT OF COMMERCE cores of graphite or other materials, Central Records Unit, room B8024 of the encased in wood and/or man-made main Department of Commerce International Trade Administration materials, whether or not decorated and building. In addition, a complete whether or not tipped (e.g., with erasers, version of the Issues and Decision [A–570–827] etc.) in any fashion, and either Memorandum can be accessed on the sharpened or unsharpened. The pencils Internet at http://enforcement.trade.gov/ Certain Cased Pencils From the subject to the Order are currently frn/. The signed Issues and Decision People’s Republic of China: classifiable under subheading Memorandum and the electronic Continuation of Antidumping Duty 9609.10.00 of the Harmonized Tariff version of the Issues and Decision Order Schedule of the United States (HTSUS). Memorandum are identical in content. Specifically excluded from the scope of AGENCY: Enforcement and Compliance, the Order are mechanical pencils, Final Results of Sunset Review International Trade Administration, cosmetic pencils, pens, non-cased Pursuant to section 751(c)(1) and Department of Commerce. crayons (wax), pastels, charcoals, chalks, and pencils produced under 752(c)(1) and (3) of the Act, the SUMMARY: As a result of the U.S. patent number 6,217,242, from Department determines that revocation determinations by the Department of paper infused with scents by the means of the AD Order would be likely to lead Commerce (the Department) and the covered in the above-referenced patent, to continuation or recurrence of International Trade Commission (ITC) thereby having odors distinct from those dumping, and that the magnitude of the that revocation of the antidumping duty that may emanate from pencils lacking dumping margins likely to prevail (AD) order on certain cased pencils from the scent infusion. Also excluded from would be weighted-average dumping the People’s Republic of China (PRC) the scope of the Order are pencils with margins up to 31.21 percent. would likely lead to a continuation or all of the following physical recurrence of dumping and material Notification to Interested Parties characteristics: (1) Length: 13.5 or more injury to an industry in the United This notice serves as the only inches; (2) sheath diameter: Not less States, the Department is publishing this reminder to parties subject to than one-and-one quarter inches at any notice of continuation of the AD order. administrative protective order (APO) of point (before sharpening); and (3) core their responsibility concerning the DATES: Applicable September 1, 2017. length: Not more than 15 percent of the return or destruction of proprietary FOR FURTHER INFORMATION CONTACT: length of the pencil. In addition, pencils information disclosed under APO in Mary Kolberg, Office I, AD/CVD with all of the following physical accordance with 19 CFR 351.305. Operations, Enforcement and Timely notification of the return or Compliance, International Trade 1 See Antidumping Duty Order: Certain Cased Pencils from the People’s Republic of China, 59 FR destruction of APO materials, or Administration, U.S. Department of conversion to judicial protective order, 66909 (December 28, 1994) (Order). Commerce, 1401 Constitution Avenue 2 See Initiation of Five-Year (Sunset) Review, 81 is hereby requested. Failure to comply NW., Washington, DC 20230; telephone: FR 34974 (June 1, 2016). with the regulations and terms of an (202) 482–1785. 3 See Certain Cased Pencils from the People’s APO is a violation which is subject to Republic of China: Final Results of Expedited sanction. SUPPLEMENTARY INFORMATION: Sunset Review of the Antidumping Duty Order, 81 We are issuing and publishing these FR 69513 (October 6, 2016), and accompanying Background Issues and Decision Memorandum. results and notice in accordance with 4 See Cased Pencils from China, Inv. No. 731– On December 28, 1994, the TA–669 (Fourth Review), 82 FR 40019 (August 23, 5 See Issues and Decision Memorandum. Department published the AD order on 2017).
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characteristics are excluded from the DEPARTMENT OF COMMERCE On May 26, 2017, and June 26, 2017, scope of the Order: Novelty jumbo Canfor Corporation (Canfor), Resolute pencils that are octagonal in shape, International Trade Administration FP Canada Inc. (Resolute), Tolko approximately ten inches long, one inch Marketing and Sales Ltd. and Tolko [A–122–857] in diameter before sharpening, and Industries Ltd. (Tolko), and West Fraser three-and-one eighth inches in Certain Softwood Lumber Products Mills Ltd., (West Fraser) (collectively, circumference, composed of turned From Canada: Postponement of Final the Company Respondents), requested wood encasing one-and-one half inches Determination of Less-Than-Fair-Value that the Department fully extend the of sharpened lead on one end and a Investigation and Extension of deadline for the final LTFV rubber eraser on the other end. The Provisional Measures determination, and extend the HTSUS subheadings are provided for application of the provisional measures AGENCY: convenience and customs purposes Enforcement and Compliance, from a four-month period to a period of International Trade Administration, not more than six months.4 only; the written description of the Department of Commerce. merchandise covered by the scope of the Postponement of Final LTFV Order is dispositive. SUMMARY: The Department of Commerce Determination and Aligned Final CVD (the Department) is postponing until Determination Continuation of the Order November 13, 2017, the deadline for issuing the final determination in the Given the complexity of these As a result of the determinations by less-than-fair-value (LTFV) investigation investigations and the volume of the Department and the ITC that of certain softwood lumber products information on the records of these revocation of the Order would likely (softwood lumber) from Canada, and is proceedings that needs to be analyzed, lead to continuation or recurrence of extending the provisional measures the Department finds that postponement dumping and material injury to an from a four-month period to a period of is warranted in the LTFV investigation industry in the United States, pursuant not more than six months. As the and the aligned CVD investigation to section 751(d)(2) of the Act and 19 deadline for the final determination of covering softwood lumber from Canada. CFR 351.218(a), the Department hereby the countervailing duty (CVD) Further, because of the ongoing orders the continuation of the Order on investigation of softwood lumber from discussions between the Governments certain cased pencils from the PRC. U.S. Canada is aligned with the deadline for of the United States and Canada Customs and Border Protection will the final determination of the LTFV focusing on a durable solution to this long-standing trade dispute, continue to collect AD cash deposits at investigation, the final CVD postponement of these aligned the rates in effect at the time of entry for determination will also be issued no investigations is also warranted. This all imports of subject merchandise. later than November 13, 2017. additional time will afford the DATES: The effective date of the continuation Applicable September 1, 2017. Department the time to both address the of the Order will be the date of FOR FURTHER INFORMATION CONTACT: factual and legal matters on the records publication in the Federal Register of Stephen Bailey, AD/CVD Operations, of these proceedings, as well as this notice of continuation. Pursuant to Office IV, Enforcement and Compliance, continue discussions on this broader section 751(c)(2) of the Act, the International Trade Administration, cross-border trade dispute. Department intends to initiate the next U.S. Department of Commerce, 1401 Therefore, pursuant to 735(a)(2)(A) of five-year review of the Order not later Constitution Avenue NW., Washington, the Tariff Act of 1930, as amended, the than 30 days prior to the fifth DC 20230; telephone: (202) 482–0193. Department is (1) postponing the LTFV anniversary of the effective date of SUPPLEMENTARY INFORMATION: final determination until no later than November 13, 2017, which is 135 days continuation. Background after the date of the publication of the This five-year sunset review and this On April 28, 2017, and June 30, 2017, LTFV Preliminary Determination, and notice are in accordance with section respectively, the Department published (2) extending the provisional measures 751(c) of the Act and published its preliminary determinations in the from a four-month period to a period of pursuant to section 777(i)(1) of the Act CVD and LTFV investigations of not more than six months. Further, as and 19 CFR 351.218(f)(4). softwood lumber from Canada.1 In the noted above, because the CVD Dated: August 28, 2017. CVD Preliminary Determination, at the investigation is aligned with the LTFV 2 Gary Taverman, request of the petitioner, the investigation, the Department will also Department aligned the final deadline issue its final determination in the CVD Deputy Assistant Secretary for Antidumping for the CVD investigation with the final and Countervailing Duty Operations, investigation no later than November determination of the LTFV 13, 2017.5 performing the non-exclusive functions and 3 duties of the Assistant Secretary for investigation. This notice is issued and published Enforcement and Compliance. pursuant to 19 CFR 351.210(g). 1 [FR Doc. 2017–18588 Filed 8–31–17; 8:45 am] See Certain Softwood Lumber Products from Canada: Preliminary Affirmative Countervailing 4 See Letters from Canfor, Resolute, Tolko, and BILLING CODE 3510–DS–P Duty Determination, and Alignment of Final West Fraser dated May 26, 2017, June 26, 2017, May Determination with Final Antidumping Duty 26, 2017, and May 26, 2017, respectively. Determination, 82 FR 19657 (April 28, 2017) (CVD 5 Postponing the final determinations to 135 days Preliminary Determination) and Certain Softwood after the publication of the LTFV Preliminary Lumber Products from Canada: Preliminary Determination would place the deadline on Affirmative Determination of Sales at Less Than Sunday, November 12, 2017. The Department’s Fair Value, 82 FR 29833 (June 30, 2017) (LTFV practice dictates that where a deadline falls on a Preliminary Determination). weekend or federal holiday, the appropriate 2 The Committee Overseeing Action for Lumber deadline is the next business day. See Notice of International Trade Investigations or Negotiations Clarification: Application of ‘‘Next Business Day’’ (the petitioner). Rule for Administrative Determination Deadlines 3 See CVD Preliminary Determination, 82 FR at Pursuant to the Tariff Act of 1930, As Amended, 70 19657–19658. FR 24533 (May 10, 2005).
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Dated: August 28, 2017. Memorandum which is hereby adopted Methodology Gary Taverman, by this notice.2 Deputy Assistant Secretary for Antidumping The Department conducted this anti- and Countervailing Duty Operations, Scope of the Orders circumvention determination in Performing the Non-Exclusive Functions and accordance with section 781(c) of the The merchandise covered by the Duties of the Assistant Secretary for Tariff Act of 1930, as amended (the Act), Orders 3 is uncoated paper. Uncoated Enforcement and Compliance. and 19 CFR 351.225(i). For a full [FR Doc. 2017–18643 Filed 8–31–17; 8:45 am] paper subject to the Orders is currently classifiable in the Harmonized Tariff description of the methodology BILLING CODE 3510–DS–P Schedule of the United States (HTSUS) underlying our conclusions, see the at subheadings 4802.56.1000, Issues and Decision Memorandum. A list of the topics discussed is attached DEPARTMENT OF COMMERCE 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000, to this notice in the Appendix. International Trade Administration 4802.56.7020, 4802.56.7040, The Issues and Decision [A–602–807, A–351–842, A–570–022, C–570– 4802.57.1000, 4802.57.2000, Memorandum is on file electronically 023, A–560–828, C–560–829, A–471–807] 4802.57.3000, and 4802.57.4000. Some via Enforcement and Compliance’s imports of subject merchandise may Antidumping and Countervailing Duty Certain Uncoated Paper From also be classified under 4802.62.1000, Centralized Electronic Service System Australia, Brazil, the People’s Republic 4802.62.2000, 4802.62.3000, (ACCESS). ACCESS is available to of China, Indonesia, and Portugal: 4802.62.5000, 4802.62.6020, registered user at https:// Affirmative Final Determination of 4802.62.6040, 4802.69.1000, access.trade.gov and is available to all Circumvention of the Antidumping and 4802.69.2000, 4802.69.3000, parties in the Central Records Unit, Countervailing Duty Orders 4811.90.8050 and 4811.90.9080. The Room B–8024 of the main Department HTSUS subheadings are provided for AGENCY: Enforcement and Compliance, of Commerce building. In addition, a International Trade Administration, convenience and customs purposes; the complete public version of the Issues Department of Commerce. written description of the scope of the and Decision Memorandum can be Orders is dispositive.4 DATES: Applicable September 1, 2017. accessed directly at http:// SUMMARY: The Department of Commerce Scope of the Anti-Circumvention enforcement.trade.gov/frn/index.html. (Department) determines that imports of Inquiry The signed and electronic versions of uncoated paper with a GE brightness of the Issues and Decision Memorandum 83 ±1% (83 Bright paper), otherwise The merchandise subject to this anti- are identical in content. meeting the description of in-scope circumvention inquiry consists of 83 Final Affirmative Determination of merchandise, from Australia, Brazil, the Bright paper with a GE brightness of 83 ± Circumvention People’s Republic of China, Indonesia, 1%, and otherwise meeting the description of the scope of the Orders. and Portugal constitute merchandise As detailed in the Issues and Decision On August 1, 2016, the petitioners ‘‘altered in form or appearance in minor Memorandum, we determine, pursuant respects’’ from in-scope merchandise clarified that, consistent with 19 CFR 351.225(m), they intended for the to section 781(c) of the Act and 19 CFR are subject to the antidumping duty 351.225(i), that imports of 83 Bright (AD) and countervailing duty (CVD) Department to conduct a single anti- circumvention inquiry and issue a paper, otherwise meeting the orders on certain uncoated paper description of in-scope merchandise, (uncoated paper). single ruling applicable to each of the constitute merchandise ‘‘altered in form FOR FURTHER INFORMATION CONTACT: Orders. Therefore, in accordance with 19 CFR 351.225(m), we find it or appearance in minor respects’’ from William Miller at (202) 482–3906, AD/ in-scope merchandise and are subject to CVD Operations, Enforcement and appropriate to apply the results of this 5 the Orders. Compliance, U.S. Department of inquiry to each of the Orders. Commerce, 1401 Constitution Avenue Suspension of Liquidation NW., Washington, DC 20230. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative In accordance with 19 CFR SUPPLEMENTARY INFORMATION: Determination of Circumvention of the Antidumping and Countervailing Duty Orders on 351.225(l)(2), we are directing U.S. Background Certain Uncoated Paper from Australia, Brazil, the Customs and Border Protection (CBP) to On June 9, 2017, the Department People’s Republic of China, Indonesia, and continue to suspend liquidation of published the Preliminary Portugal’’ (Issues and Decision Memorandum), entries of 83 Bright paper entered, or dated concurrently with this determination and Determination of the anti-circumvention hereby adopted by this notice. withdrawn from warehouse, for inquiry of 83 Bright paper from 3 See Certain Uncoated Paper from Australia, consumption on or after November 7, Australia, Brazil, the People’s Republic Brazil, Indonesia, the People’s Republic of China, 2016, the date of publication of the of China, Indonesia, and Portugal.1 A and Portugal: Amended Final Affirmative Antidumping Determinations for Brazil and initiation of this inquiry, until summary of the events that occurred Indonesia and Antidumping Duty Orders; 81 FR appropriate liquidation instructions are since the Department published the 11174 (March 3, 2016) and Certain Uncoated Paper issued. We will also instruct CBP to Preliminary Determination, as well as a from Indonesia and the People’s Republic of China: continue to require a cash deposit of full discussion of the issues raised by Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order estimated duties at the applicable rates parties for this final determination, may (Indonesia) and Countervailing Duty Order for each unliquidated entry of the be found in the Issues and Decision (People’s Republic of China); 81 FR 11187, (March product entered, or withdrawn from 3, 2016) (collectively, the Orders). warehouse, for consumption on or after 1 See Certain Uncoated Paper from Australia, 4 A full description of the scope of the Orders is Brazil, the People’s Republic of China, Indonesia, contained in the Issues and Decision Memorandum. November 7, 2016, in accordance with and Portugal: Affirmative Preliminary 5 See Certain Uncoated Paper from Australia, 19 CFR 351.225(l)(2). Determination of Circumvention of the Brazil, Indonesia, the People’s Republic of China, Antidumping and Countervailing Duty Orders; 82 and Portugal: Initiation of Anti-Circumvention FR 26778 (June 9, 2017). Inquiry, 81 FR 78117 (November 7, 2016).
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Dated: August 28, 2017. SUPPLEMENTARY INFORMATION: recorded. Consistent with 16 U.S.C. Gary Taverman, 1852, a copy of the recording is Agenda Deputy Assistant Secretary, Antidumping and available upon request. The Groundfish Committee plans to Countervailing Duty Operations, performing Authority: 16 U.S.C. 1801 et seq. the non-exclusive functions and duties of the discuss Framework Adjustment 57/ Assistant Secretary for Enforcement and Specifications and Management Dated: August 29, 2017. Compliance. Measures. They will receive a report Tracey L. Thompson, Appendix from the Transboundary Management Acting Deputy Director, Office of Sustainable and Guidance Committee (TMGC) on Fisheries, National Marine Fisheries Service. List of Topics Discussed in the Issues and US/CA stocks—Georges Bank yellowtail [FR Doc. 2017–18603 Filed 8–31–17; 8:45 am] Decision Memorandum flounder, Eastern GB (EGB) cod, and BILLING CODE 3510–22–P I. Summary EGB haddock Receive a report from the II. Background Groundfish Plan Development Team III. Scope of the Orders (PDT) on adjusting: common pool DEPARTMENT OF COMMERCE IV. Merchandise Subject to the Anti- trimester total allowable catches (TACs), Circumvention Inquiry Atlantic halibut accountability measures National Oceanic and Atmospheric V. Discussion of the Issues (AMs), and Windowpane flounder AMs Administration A. Authority to Initiate This Anti- Circumvention Inquiry for large mesh/non-groundfish fisheries (e.g., scup and summer flounder trawl Submission for OMB Review; B. Existence of 83 Bright Paper Prior to the Comment Request Filing of the Petition fisheries). They will also discuss draft C. Physical Characteristics alternatives and make recommendations The Department of Commerce will D. Expectations of the Ultimate Users to the Council. The committee will be submit to the Office of Management and E. Uses of the Merchandise discussing Groundfish Amendment 23 Budget (OMB) for clearance the F. Channels of Marketing Groundfish Monitoring Amendment. following proposal for collection of G. Cost of Modification They will review a draft outline H. Other Case-Specific Criteria information under the provisions of the prepared by the PDT of the likely range Paperwork Reduction Act (44 U.S.C. VI. Recommendation of alternatives and make [FR Doc. 2017–18589 Filed 8–31–17; 8:45 am] Chapter 35). recommendations to the Council. The BILLING CODE 3510–DS–P Agency: National Oceanic and committee will hold initial discussion Atmospheric Administration (NOAA). of possible groundfish priorities for Title: Processed Products Family of DEPARTMENT OF COMMERCE 2018 and develop recommendations to Forms. the Council. The committee will discuss OMB Control Number: 0648–0018. National Oceanic and Atmospheric regulatory streamlining in response to Form Number(s): NOAA 88–13, Administration recent Executive Orders. Several recent NOAA88–13(c). Executive Orders have been issued Type of Request: Regular (extension of RIN 0648–XF663 about streamlining current regulations, a currently approved information New England Fishery Management and NOAA is seeking public input on collection). Council; Public Meeting the efficiency and effectiveness of Number of Respondents: 747. current regulations and whether they Average Hours per Response: 30 AGENCY: National Marine Fisheries can be improved. They plan to discuss minutes for an Annual Processed Service (NMFS), National Oceanic and whether there are any regulations in the Products Report and 15 minutes for a Atmospheric Administration (NOAA), Northeast Multispecies fishery monthly Fishery Products Report Fish Commerce. management plan that could be Meal and Oil. ACTION: Notice; public meeting. eliminated, improved, or streamlined. Burden Hours: 395. Other business will be discussed as Needs and Uses: This request is for SUMMARY: The New England Fishery necessary. extension of a current information Management Council (Council) is Although non-emergency issues not collection. scheduling a public meeting of its contained in this agenda may come National Oceanic and Atmospheric Groundfish Committee to consider before this group for discussion, those Administration (NOAA) annually actions affecting New England fisheries issues may not be the subject of formal collects information from seafood and in the exclusive economic zone (EEZ). action during these meetings. Action industrial fishing processing plants on Recommendations from this group will will be restricted to those issues the volume and value of their processed be brought to the full Council for formal specifically listed in this notice and any fishery products and their monthly consideration and action, if appropriate. issues arising after publication of this employment figures. NOAA also DATES: This meeting will be held on notice that require emergency action collects monthly production volume of Thursday, September 21, 2017 at 8:30 under section 305(c) of the Magnuson- fish meal, oil, and solubles. The a.m. Stevens Act, provided the public has information gathered is used by NOAA been notified of the Council’s intent to in the economic and social analyses ADDRESSES: The meeting will be held at take final action to address the developed when proposing and the Fairfield Inn & Suites, 185 emergency. evaluating fishery management actions. MacArthur Drive, New Bedford, MA Affected Public: Business and other Special Accommodations 02740; phone: (774) 634–2000. for-profit organizations. Council address: New England This meeting is physically accessible Frequency: Annually and monthly. Fishery Management Council, 50 Water to people with disabilities. Requests for Respondent’s Obligation: Mandatory. Street, Mill 2, Newburyport, MA 01950. sign language interpretation or other This information collection request FOR FURTHER INFORMATION CONTACT: auxiliary aids should be directed to may be viewed at reginfo.gov. Follow Thomas A. Nies, Executive Director, Thomas A. Nies, Executive Director, at the instructions to view Department of New England Fishery Management (978) 465–0492, at least 5 days prior to Commerce collections currently under Council; telephone: (978) 465–0492. the meeting date. This meeting will be review by OMB.
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Written comments and Special Accommodations approved scales to determine the weight recommendations for the proposed The meeting is via teleconference. of total catch. Third, the system must information collection should be sent Request for auxiliary aids should be provide a verifiable record of the weight within 30 days of publication of this of each delivery. To effectively manage _ directed to Maria Shawback at (907) notice to OIRA Submission@ 271–2809 at least 7 working days prior fisheries, NMFS must have data that omb.eop.gov or fax to (202) 395–5806. to the meeting date. will provide reliable independent Dated: August 29, 2017. estimates of the total catch. Dated: August 29, 2017. Affected Public: Business or other for- Sarah Brabson, Tracey L. Thompson, profit organizations. NOAA PRA Clearance Officer. Acting Deputy Director, Office of Sustainable Frequency: Annually, and daily for [FR Doc. 2017–18620 Filed 8–31–17; 8:45 am] Fisheries, National Marine Fisheries Service. fishing period. BILLING CODE 3510–22–P [FR Doc. 2017–18602 Filed 8–31–17; 8:45 am] Respondent’s Obligation: Required to BILLING CODE 3510–22–P obtain or retain benefit. This information collection request DEPARTMENT OF COMMERCE may be viewed at reginfo.gov. Follow DEPARTMENT OF COMMERCE the instructions to view Department of National Oceanic and Atmospheric Commerce collections currently under Administration National Oceanic and Atmospheric review by OMB. Administration RIN 0648–XF662 Written comments and recommendations for the proposed Submission for OMB Review; information collection should be sent North Pacific Fishery Management Comment Request Council; Public Meeting within 30 days of publication of this The Department of Commerce will notice to OIRA_Submission@ AGENCY: National Marine Fisheries submit to the Office of Management and omb.eop.gov or fax to (202) 395–5806. Service (NMFS), National Oceanic and Budget (OMB) for clearance the Dated: August 29, 2017. Atmospheric Administration (NOAA), following proposal for collection of Commerce. Sarah Brabson, information under the provisions of the NOAA PRA Clearance Officer. ACTION: Notice of public meeting. Paperwork Reduction Act (44 U.S.C. Chapter 35). [FR Doc. 2017–18622 Filed 8–31–17; 8:45 am] SUMMARY: The North Pacific Fishery Agency: National Oceanic and BILLING CODE 3510–22–P Management Council (Council) Atmospheric Administration (NOAA). Observer Advisory Committee (OAC) Title: Alaska Region Scale and Catch DEPARTMENT OF COMMERCE will meet September 19–20, 2017. Weighing Requirements. DATES: The meeting will be held OMB Control Number: 0648–0330. National Oceanic and Atmospheric Form Number(s): None. Tuesday, September 19 and Wednesday, Administration September 20, from 9 a.m. to 5 p.m., Type of Request: Regular (extension of Pacific time. a currently approved information Submission for OMB Review; ADDRESSES: The meeting will be held at collection). Comment Request the FMA Observer Training Center, Number of Respondents: Average Hours per Response: The Department of Commerce will Room 1055, 7600 Sand Point Way NE., Burden Hours: Alaska Fisheries Science Center, Seattle, submit to the Office of Management and Needs and Uses: Scale and catch Budget (OMB) for clearance the WA. Teleconference available at (907) weighing requirements address 271–2896. following proposal for collection of performance standards designed to information under the provisions of the Council address: North Pacific ensure that all catch delivered to the Fishery Management Council, 605 W. Paperwork Reduction Act (44 U.S.C. processor is accurately weighed and Chapter 35). 4th Ave., Suite 306, Anchorage, AK accounted for. Scale and catch-weighing 99501–2252; telephone: (907) 271–2809. Agency: National Oceanic and monitoring is required for Western Atmospheric Administration (NOAA). FOR FURTHER INFORMATION CONTACT: Alaska Community Development Quota Title: Emergency Beacon Diana Evans, Council staff; telephone: Program (CDQ) catcher/processors (C/ Registrations. (907) 271–2809. Ps), American Fisheries Act (AFA) C/Ps, OMB Control Number: 0648–0295. SUPPLEMENTARY INFORMATION: AFA motherships, AFA shoreside Form Number(s): None. processors and stationary floating Type of Request: Regular (extension of Agenda processors, Central Gulf of Alaska a currently approved information 1. Review draft 2018 Observer Annual Rockfish Program trawl C/Ps, non-AFA collection). Deployment Plan; trawl C/Ps participating in Bering Sea Number of Respondents: 301,231. 2. Review draft Statement of Work for and Aleutian Islands (BSAI) trawl Average Hours per Response: 15 observer/EM contract; fisheries, and longline C/Ps minutes. 3. Discuss observer analyses, participating in BSAI Pacific cod Burden Hours: 75,307. including report from OAC subgroup on fisheries. Needs and Uses: This request is for an options for increasing partial coverage National Marine Fisheries Service extension of a currently approved selection rates, and recommendations to (NMFS) has identified three primary information collection. address observer issues related to objectives for monitoring catch. First, An international system exists to use tendering; and monitoring must ensure independent satellites to detect and locate ships, 4. Scheduling and other business. verification of catch weight, species aircraft, and individuals in distress if More details available at https:// composition, and location data for every they are equipped with an emergency www.npfmc.org/observer-program. delivery by a catcher vessel or every pot radio beacon. Persons purchasing a The meeting will be listening-only for by a C/P. Second, all catch must be digital distress beacon, operating in the those that are not on the OAC. weighed accurately using NMFS- frequency range of 406.000 to 406.100
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MHz, must register it with NOAA. meeting is scheduled to last DEPARTMENT OF COMMERCE These requirements are contained in approximately 90 minutes. Additional Federal Communications Commission Action Team webinar and plenary National Oceanic and Atmospheric (FCC) regulations at 47 CFR 80.1061, 47 webinar dates and times will publish in Administration CFR 87.199 and 47 CFR 95.1402. The a subsequent issue in the Federal RIN 0648–XF659 data provided by registration can assist Register. in identifying who is in distress and in North Pacific Fishery Management suppression of false alarms. ADDRESSES: Council; Public Meeting Affected Public: Individuals or Meeting address: The meetings will be households; business or other for-profit held via webinar and are open to AGENCY: National Marine Fisheries organizations; not for profit institutions; members of the public. Webinar Service (NMFS), National Oceanic and federal government; state, local or tribal registration is required and registration Atmospheric Administration (NOAA), government. links will be posted to the Citizen Commerce. Frequency: Biannually and on Science program page of the Council’s ACTION: Notice of public meeting. occasion. Web site at www.safmc.net. Respondent’s Obligation: Mandatory. SUMMARY: The North Pacific Fishery Council address: South Atlantic Management Council (Council) This information collection request Fishery Management Council, 4055 may be viewed at reginfo.gov. Follow Electronic Monitoring Workgroup Faber Place Drive, Suite 201, N. (EMWG) will hold a public meeting on the instructions to view Department of Charleston, SC 29405. Commerce collections currently under September 18, 2017, 9 a.m. to 5 p.m. review by OMB. FOR FURTHER INFORMATION CONTACT: Pacific Time, AFSC, Traynor Room in Written comments and Amber Von Harten, Citizen Science Building 4, 7600 Sand Point Way NE., recommendations for the proposed Program Manager, SAFMC; phone 843/ Seattle, WA. information collection should be sent 302–8433 or toll free 866/SAFMC–10; DATES: The meeting will be held on within 30 days of publication of this FAX 843/769–4520; email: Tuesday, September 18, 2017, from 9 notice to OIRA_Submission@ [email protected]. a.m. to 5 p.m., Pacific Time. omb.eop.gov or fax to (202) 395–5806. ADDRESSES: SUPPLEMENTARY INFORMATION: The The meeting will be held in Dated: August 29, 2017. Council created a Citizen Science the FMA Observer Training Room 1055 Sarah Brabson, Advisory Panel Pool in June 2017. The AFSC, 7600 Sand Point Way NE., NOAA PRA Clearance Officer. Council appointed members of the Seattle, WA. It will also be available by Citizen Science Advisory Panel Pool to teleconference at (907) 271–2896. [FR Doc. 2017–18621 Filed 8–31–17; 8:45 am] Council address: North Pacific BILLING CODE 3510–HR–P five Action Teams in the areas of Volunteers, Data Management, Projects/ Fishery Management Council, 605 W. Topics Management, Finance, and 4th Ave., Suite 306, Anchorage, AK DEPARTMENT OF COMMERCE Communication/Outreach/Education to 99501–2252; telephone: (907) 271–2809. develop program policies and FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric operations for the Council’s Citizen Diana Evans, Council staff; telephone: Administration Science Program. (907) 271–2809. RIN 0648–XF658 Each Action Team will meet to SUPPLEMENTARY INFORMATION: continue work on developing Agenda Fisheries of the South Atlantic; South recommendations on program policies Atlantic Fishery Management Council; and operations to be reviewed by the 1. Update on 2017 pre-implementation Public Meetings Council’s Citizen Science Committee. program; 2. Discuss 2018 EM deployment and AGENCY: National Marine Fisheries Items to be addressed during these implementation, including budget; Service (NMFS), National Oceanic and meetings: 3. Review EM component of draft Atmospheric Administration (NOAA), 1. Discuss work on tasks in the Terms Statement of Work for observer/EM Commerce. of Reference contract; ACTION: Notice of meetings of the South 4. Review draft methodology for Atlantic Fishery Management Council’s 2. Other Business allocating the observer fee between Citizen Science Advisory Panel Special Accommodations EM and observers; Projects/Topics Management; 5. Review NMFS draft EM policy Volunteers; Data Management Action These meetings are physically directive; Teams. accessible to people with disabilities. 6. Research and development report; Requests for auxiliary aids should be and SUMMARY: The South Atlantic Fishery directed to the Council office (see 7. Other business and scheduling. The Management Council (Council) will ADDRESSES) 3 days prior to the meeting. Agenda is subject to change, and hold meetings of its Citizen Science Note: The times and sequence specified in the latest version will be posted at Advisory Panel Projects/Topics http://www.npfmc.org/. Management; Volunteers; Data this agenda are subject to change. Special Accommodations Management Action Teams via webinar. Authority: 16 U.S.C. 1801 et seq. DATES: The Projects/Topics Management These meetings are physically Dated: August 29, 2017. Team meeting will be held Tuesday, accessible to people with disabilities. September 19, 2017 at 1 p.m.; Tracey L. Thompson, Requests for sign language Volunteers Team on Thursday, Acting Deputy Director, Office of Sustainable interpretation or other auxiliary aids September 21, 2017 at 1 p.m.; and Data Fisheries, National Marine Fisheries Service. should be directed to Shannon Gleason Management Team on Friday, [FR Doc. 2017–18599 Filed 8–31–17; 8:45 am] at (907) 271–2809 at least 7 working September 29, 2017 at 1 p.m. Each BILLING CODE 3510–22–P days prior to the meeting date.
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Dated: August 29, 2017. Requests for sign language Trading Commission, (202) 418–5371; Tracey L. Thompson, interpretation or other auxiliary aids email: [email protected]. Acting Deputy Director, Office of Sustainable should be directed to Shannon Gleason SUPPLEMENTARY INFORMATION: Under the Fisheries, National Marine Fisheries Service. at (907) 271–2809 at least 7 working PRA, 44 U.S.C. 3501 et seq., Federal [FR Doc. 2017–18600 Filed 8–31–17; 8:45 am] days prior to the meeting date. agencies must obtain approval from the BILLING CODE 3510–22–P Dated: August 29, 2017. Office of Management and Budget Tracey L. Thompson, (OMB) for each collection of Acting Deputy Director, Office of Sustainable information they conduct or sponsor. DEPARTMENT OF COMMERCE Fisheries, National Marine Fisheries Service. ‘‘Collection of Information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3 National Oceanic and Atmospheric [FR Doc. 2017–18601 Filed 8–31–17; 8:45 am] BILLING CODE 3510–22–P and includes agency requests or Administration requirements that members of the public RIN 0648–XF660 submit reports, keep records, or provide information to a third party. Section COMMODITY FUTURES TRADING North Pacific Fishery Management 3506(c)(2)(A) of the PRA, 44 U.S.C. COMMISSION Council; Public Meeting 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the AGENCY: National Marine Fisheries Agency Information Collection Service (NMFS), National Oceanic and Activities: Notice of Proposed Federal Register concerning each Atmospheric Administration (NOAA), Collection (3038–XXXX), Reparations proposed collection of information, Commerce. Complaint, CFTC Form 30 including each proposed extension of an existing collection of information, ACTION: Notice of public meeting. AGENCY: Commodity Futures Trading before submitting the collection to OMB SUMMARY: The North Pacific Fishery Commission. for approval. To comply with this Management Council (Council) Crab ACTION: Notice. requirement, the CFTC is publishing Plan Team will meet September 19–21, notice of the proposed collection of SUMMARY: The Commodity Futures 2017. information listed below. An agency Trading Commission (CFTC) is may not conduct or sponsor, and a DATES: The meeting will be held on announcing an opportunity for public Tuesday, September 19 through person is not required to respond to, a comment on the proposed collection of collection of information unless it Thursday, September 21, from 9 a.m. to certain information by the agency. 5 p.m. Pacific Time, each day. displays a currently valid OMB control Under the Paperwork Reduction Act number. ADDRESSES: The meeting will be held at (‘‘PRA’’), Federal agencies are required Title: Reparations Complaint, CFTC the Alaska Fishery Science Center, to publish notice in the Federal Register Form 30 (OMB Control No. 3038– (AFSC) Traynor Room, Sand Point Way, concerning each proposed collection of XXXX). This is a request for a new OMB Seattle, WA. information, including proposed control number. Council address: North Pacific extension of an existing collection of Abstract: Pursuant to Section 14 of Fishery Management Council, 605 W. information, and to allow 60 days for the Commodity Exchange Act, members 4th Ave., Suite 306, Anchorage, AK public comment. This notice solicits of the public may apply to the 99501–2252; telephone: (907) 271–2809. comments on the proposed collection of Commission to seek damages against FOR FURTHER INFORMATION CONTACT: information required to apply for a Commission registrants for alleged Diana Stram, Council staff; telephone: Reparations award pursuant to the violations of the Act and/or Commission (907) 271–2809. Commission’s regulations. regulations. The legislative intent of the SUPPLEMENTARY INFORMATION: DATES: Comments must be submitted on Reparations program was to provide a or before October 31, 2017. Agenda low-cost, speedy, and effective forum ADDRESSES: You may submit comments, for the resolution of customer Tuesday, September 19 Through identified by ‘‘Reparations Complaint’’ complaints and to sanction individuals Thursday, September 21 by any of the following methods: and firms found to have violated the Act The agenda will include: (a) EBS • The Agency’s Web site, at http:// and/or any regulations. Trawl Survey, (b) Bycatch Overview of comments.cftc.gov/. Follow the In 1984, the Commission promulgated groundfish and crab c) Ecosystem and instructions for submitting comments part 12 of the Commission regulations to economic data update, (c) Final through the Web site. administer Section 14. Rule 12.13 • assessments on Snow crab, Bristol Bay Mail: Christopher Kirkpatrick, provides the standards and procedures red king crab, Pribilof Islands red and Secretary of the Commission, for filing a Reparations complaint. blue king crab, Saint Matthew blue king Commodity Futures Trading Specifically, paragraph (b) describes the crab, Tanner crab, (d) overfishing status Commission, Three Lafayette Centre, form and content requirements of a determinations for Western Aleutian 1155 21st Street NW., Washington, DC complaint. CFTC Form 30 mirrors the Island red king crab and Pribilof Island 20581. requirements set forth in paragraph (b). • golden king crab and, (e) Model Hand Delivery/Courier: Same as The Commission began utilizing Form discussions for Norton Sound red king Mail above. 30 in or about 1984. The form was • crab and Aleutian Islands golden king Federal eRulemaking Portal: http:// created to assist customers, who are crab. www.regulations.gov/. Follow the typically pro se and non-lawyers. It was Meeting materials will be made instructions for submitting comments also designed as a way to provide available on the Council Web site through the Portal. proper notice to respondents of the (www.npfmc.org) prior to the meeting. Please submit your comments using charges against them. This form is only one method. critical to fulfilling this policy goal. Special Accommodations FOR FURTHER INFORMATION CONTACT: Accordingly, the Commission is These meetings are physically Eugene Smith, Director, Office of requesting an OMB control number to accessible to people with disabilities. Proceedings, Commodity Futures continue the use of Form 30.
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With respect to the collection of There are no capital costs or operating 3. Joliet Junior College, ‘‘U’’ information, the CFTC invites and maintenance costs associated with Conference Center, 1215 Houbolt Road, comments on: this collection. Joliet, Illinois 60431. • Whether the proposed collection of (Authority: 44 U.S.C. 3501 et seq.) Web Participation: A Facebook Live information is necessary for the proper format web audio/video broadcast will performance of the functions of the Dated: August 25, 2017. be available for the three meetings. Visit Commission, including whether the Robert N. Sidman, http://glmris.anl.gov/brandon-rd/ for information will have a practical use; Deputy Secretary of the Commission. details on how to participate in these • The accuracy of the Commission’s [FR Doc. 2017–18511 Filed 8–31–17; 8:45 am] virtual meetings. Phone and web estimate of the burden of the proposed BILLING CODE 6351–01–P conference access is as follows: collection of information, including the PHONE: Toll-Free: 888–431–3632, validity of the methodology and Access Code: 723853. assumptions used; Web Conference URL: https:// • Ways to enhance the quality, DEPARTMENT OF DEFENSE www.webmeeting.att.com, Meeting usefulness, and clarity of the Number: 888–431–3632, Access Code: information to be collected; and Department of the Army, U.S. Army 723853. • Ways to minimize the burden of Corps of Engineers Written comments, statements, testimonies and supporting information collection of information on those who Notice of Public Meetings for The are accepted between August 7, 2017 are to respond, including through the Great Lakes and Mississippi River and October 2, 2017 and considered use of appropriate automated electronic, Interbasin Study—Brandon Road Draft with the same weight as oral comments mechanical, or other technological Integrated Feasibility Study and and supporting information presented at collection techniques or other forms of Environmental Impact Statement—Will the public meetings. Written comments information technology; e.g., permitting County, Illinois electronic submission of responses. may be submitted in the following ways: • All comments must be submitted in AGENCY: Department of the Army, U.S. Mail and Hand Delivery: U.S. Army English, or if not, accompanied by an Army Corps of Engineers. Corps of Engineers, Chicago District, ATTN: GLMRIS-Brandon Road English translation. Comments will be ACTION: Public Meetings. posted as received to http:// Comments, 231 S. LaSalle St., Suite www.cftc.gov. You should submit only SUMMARY: The Rock Island and Chicago 1500, Chicago, IL 60604. Comments information that you wish to make Districts, U.S. Army Corps of Engineers must be postmarked by October 2, 2017. • available publicly. If you wish the (USACE), will host three public GLMRIS project Web site: Use the Commission to consider information meetings to discuss the draft report web comment function found at http:// that you believe is exempt from glmris.anl.gov/brandon-rd/. titled The Great Lakes and Mississippi • disclosure under the Freedom of River Interbasin Study—Brandon Road Facebook Live participants can use Information Act, a petition for Draft Integrated Feasibility Study and the ‘‘Live Chat’’ feature; however, these confidential treatment of the exempt Environmental Impact Statement—Will comments will not be recorded in the information may be submitted according County, Illinois. The purpose of these official record. to the procedures established in § 145.9 public meetings is to receive input FOR FURTHER INFORMATION CONTACT: of the Commission’s regulations.1 regarding the GLMRIS-Brandon Road • Andrew Leichty, Project Manager, The Commission reserves the right, Study to prevent the upstream transfer by mail: U.S. Army Corps of Engineers, but shall have no obligation, to review, of aquatic nuisance species, such as Rock Island District, Clock Tower pre-screen, filter, redact, refuse or Asian carp, while minimizing impacts Building (ATTN: Leichty), P.O. Box remove any or all of your submission to existing waterway uses and users. 2004, Rock Island, IL 61204–2004, by from http://www.cftc.gov that it may Public meetings will begin with an open phone: 309–794–5399; or by email: deem to be inappropriate for house followed by a presentation [email protected]. publication, such as obscene language. regarding the study and an oral public • For media inquiries, contact Allen All submissions that have been redacted comment period. There will be Marshall, District Spokesperson, by or removed that contain comments on opportunities for web-based mail: U.S. Army Corps of Engineers, the merits of the ICR will be retained in participation during two of these Rock Island District, Clock Tower the public comment file and will be meetings. Building (ATTN: Marshall), P.O. Box considered as required under the 2004, Rock Island, IL 61204–2004, by Administrative Procedure Act and other DATES: USACE will hold public phone: 309–794–5204; or by email: applicable laws, and may be accessible meetings on: [email protected]. 1. September 11 from 1:00 to 5:00 under the Freedom of Information Act. SUPPLEMENTARY INFORMATION: The p.m. at the James R. Thompson Center; Burden Statement: The respondent purpose of these public meetings is to burden for this collection is estimated to 2. September 14 from 3:30 to 6:30 receive oral and written comments on be as follows: p.m. at Muskegon Community College; the draft report/EIS titled The Great Respondents/Affected Entities: and Lakes and Mississippi River Interbasin Commodity futures customers. 3. September 18 from 3:30 to 6:30 Study—Brandon Road Draft Integrated Estimated Number of Respondents: p.m. at Joliet Junior College, ‘‘U’’ Feasibility Study and Environmental 15. Conference Center. Impact Statement—Will County, Illinois, Estimated Average Burden Hours per ADDRESSES: The addresses for the public available at http://glmris.anl.gov/ Respondent: 1.5. meetings are: brandon-rd/. On August 7, 2017, Estimated Total Annual Burden 1. James R. Thompson Center, 100 W USACE published a notice in the Hours: 22.5. Randolph St., Chicago, Illinois 60604; Federal Register (FR) announcing the Frequency of Collection: Once. 2. Muskegon Community College, release of the draft report (82 FR 36760), Collegiate Hall, 221 S. Quarterline Road, followed by the U.S. Environmental 1 17 CFR 145.9. Muskegon, Michigan 49442; and Protection Agency’s Notice of
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Availability filed in the Federal Register DEPARTMENT OF EDUCATION necessary to the proper functions of the on August 18, 2017 (82 FR 39424), Department; (2) will this information be [Docket No.: ED–2017–ICCD–0111] announcing the formal public review processed and used in a timely manner; period that extends until October 2, Agency Information Collection (3) is the estimate of burden accurate; 2017. All comments must be submitted Activities; Comment Request; (4) how might the Department enhance on the GLMRIS project Web site or Corrective Action Plan (CAP) the quality, utility, and clarity of the postmarked by October 2, 2017, to be information to be collected; and (5) how considered. AGENCY: Office of Special Education and might the Department minimize the Rehabilitative Services (OSERS), burden of this collection on the USACE asks those wanting to make Department of Education (ED). respondents, including through the use oral comments to register on the ACTION: Notice. of information technology. Please note GLMRIS project Web site at http:// that written comments received in glmris.anl.gov/brandon-rd/ prior to the SUMMARY: In accordance with the response to this notice will be meeting. Each individual wishing to Paperwork Reduction Act of 1995, ED is considered public records. make oral comments shall be given proposing an extension of an existing Title of Collection: Corrective Action three (3) minutes, and a stenographer information collection. Plan (CAP). will document oral comments. During DATES: Interested persons are invited to OMB Control Number: 1820–0694. each meeting, USACE will also collect submit comments on or before October Type of Review: An extension of an written comments on comment cards. 31, 2017. existing information collection. Facebook Live viewers must use the ADDRESSES: To access and review all the Respondents/Affected Public: State, GLMRIS project Web site to enter documents related to the information Local, and Tribal Governments. official comments; ‘‘Live Chat’’ collection listed in this notice, please Total Estimated Number of Annual comments will be discarded. If you use http://www.regulations.gov by Responses: 15. require assistance under the Americans searching the Docket ID number ED– Total Estimated Number of Annual with Disabilities Act, please contact Mr. 2017–ICCD–0111. Comments submitted Burden Hours: 975. Allen Marshall at Allen.A.Marshall@ in response to this notice should be Abstract: Pursuant to the usace.army.mil or by phone at 309–794– submitted electronically through the Rehabilitation Act of 1973, as amended 5204 at least seven working days prior Federal eRulemaking Portal at http:// by the Workforce Innovation and to the meeting to request arrangements. www.regulations.gov by selecting the Opportunity Act, the Rehabilitation Services Administration (RSA) must Comments, including the names and Docket ID number or via postal mail, commercial delivery, or hand delivery. conduct periodic monitoring of the addresses of those who comment, Vocational Rehabilitation (VR) programs received during the comment period Please note that comments submitted by fax or email and those submitted after in each state. As a result of this will be posted on the GLMRIS project monitoring, RSA may require that VR Web site after the comment period has the comment period will not be accepted. Written requests for agencies to develop a Corrective Action ended. Comments submitted Plan (CAP) in order to resolve findings anonymously will be accepted, information or comments submitted by postal mail or delivery should be of non-compliance. The CAP must considered, and posted. Commenters contain the specific steps that the may indicate that they do not wish to addressed to the Director of the Information Collection Clearance agency will take to resolve each finding, have their name or other personal timelines for the completion of each information made available on the Web Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room step and methods for evaluating that the site. However, USACE cannot guarantee 216–42, Washington, DC 20202–4537. findings have been resolved. RSA that information withheld from the Web requires the agency to report progress FOR FURTHER INFORMATION CONTACT: site will be maintained as confidential. For toward completion of the CAP on a Persons requesting confidentially specific questions related to collection quarterly basis. should be aware that, under the activities, please contact Edward West, 202–245–6145. Dated: August 28, 2017. Freedom of Information Act, Tomakie Washington, confidentiality may be granted in only SUPPLEMENTARY INFORMATION: The Acting Director, Information Collection limited circumstances. Department of Education (ED), in accordance with the Paperwork Clearance Division, Office of the Chief Privacy Changes to these meetings will be Reduction Act of 1995 (PRA) (44 U.S.C. Officer, Office of Management. posted at http://glmris.anl.gov/brandon- 3506(c)(2)(A)), provides the general [FR Doc. 2017–18529 Filed 8–31–17; 8:45 am] rd/. public and Federal agencies with an BILLING CODE 4000–01–P Authority opportunity to comment on proposed, revised, and continuing collections of This action is being undertaken information. This helps the Department DEPARTMENT OF ENERGY pursuant to the Water Resources and assess the impact of its information Development Act of 2007, Section collection requirements and minimize Environmental Management Site- 3061(d), Public Law 110–114, and the the public’s reporting burden. It also Specific Advisory Board, Hanford National Environmental Policy Act of helps the public understand the AGENCY: Department of Energy. 1969 (NEPA), 42 U.S.C 4321, et seq., as Department’s information collection ACTION: Notice of Cancellation of Open amended. requirements and provide the requested Meeting. data in the desired format. ED is Dated: August 25, 2017. soliciting comments on the proposed SUMMARY: On August 21, 2017, the Dennis W. Hamilton, information collection request (ICR) that Department of Energy (DOE) published Chief, Programs and Project Management is described below. The Department of a notice of open meeting announcing a Division. Education is especially interested in meeting on September 6–7, 2017, of the [FR Doc. 2017–18572 Filed 8–31–17; 8:45 am] public comment addressing the Environmental Management Site- BILLING CODE 3720–58–P following issues: (1) Is this collection Specific Advisory Board, Hanford. This
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notice announces the cancellation of disabilities or special needs. If you basis to the Office of Science and to the this meeting. require special accommodations due to Department of Energy on scientific DATES: The meeting scheduled for a disability, please contact Barbara priorities within the field of advanced September 6–7, 2017, announced in the Ulmer at least seven days in advance of scientific computing research. August 21, 2017, issue of the Federal the meeting at the phone number listed Purpose of the Meeting: This meeting Register (FR Doc. 2017–17600, 82 FR above. Written statements may be filed is the semi-annual meeting of the 39572), is cancelled. with the Board either before or after the Committee. FOR FURTHER INFORMATION CONTACT: meeting. Individuals who wish to make Tentative Agenda Topics: Kristen Holmes, Federal Coordinator, oral presentations pertaining to agenda • View from Washington Department of Energy Richland items should contact Barbara Ulmer at • View from Germantown Operations Office, P.O. Box 550, H5–20, the telephone number listed above. The • Update on Exascale project activities Richland, WA, 99352; Phone: (509) 376– request must be received five days prior • Report from Subcommittee on Future 5803; or Email: kristen.l.holmes@ to the meeting and reasonable provision Computing Technologies rl.doe.gov. will be made to include the presentation • Update on Charge for Committee of in the agenda. The Deputy Designated Visitors for Research programs Issued at Washington, DC, on August 24, Federal Officer is empowered to • 2017. Retrospective on 40 years of conduct the meeting in a fashion that investments by the Department of LaTanya R. Butler, will facilitate the orderly conduct of Energy in advanced computing and Deputy Committee Management Officer. business. Individuals wishing to make networking [FR Doc. 2017–18598 Filed 8–31–17; 8:45 am] public comments can do so during the • Technical presentations BILLING CODE 6450–01–P 15 minutes allotted for public • Public Comment (10-minute rule) comments. The meeting agenda includes an Minutes: Minutes will be available by DEPARTMENT OF ENERGY update on the budget, accomplishments writing to Barbara Ulmer at the address and planned activities of the Advanced listed above or at the following Web Environmental Management Site- Scientific Computing Research program site: http://www.nnss.gov/NSSAB/ and the Exascale computing project; an Specific Advisory Board, Nevada _ pages/MM FY17.html. update on the Office of Science; updates AGENCY: Department of Energy. Issued at Washington, DC, on August 24, from the two active subcommittees ACTION: Notice of open meeting. 2017. including recommendations from the LaTanya R. Butler, Subcommittee on Future Computing SUMMARY: This notice announces a Deputy Committee Management Officer. Technologies; technical presentations meeting of the Environmental on artificial intelligence and Exascale Management Site-Specific Advisory [FR Doc. 2017–18597 Filed 8–31–17; 8:45 am] BILLING CODE 6450–01–P applications; and there will be an Board (EM SSAB), Nevada. The Federal opportunity comments from the public. Advisory Committee Act requires that The meeting will conclude at noon on public notice of this meeting be DEPARTMENT OF ENERGY September 27, 2017. Agenda updates announced in the Federal Register. and presentations will be posted on the DATES: Wednesday, September 20, 2017, Advanced Scientific Computing ASCAC Web site prior to the meeting: 4:00 p.m. Advisory Committee http://science.energy.gov/ascr/ascac/. ADDRESSES: Frank H. Rogers Science Public Participation: The meeting is AGENCY: Office of Science, Department and Technology Building, 755 East open to the public. Individuals and of Energy. Flamingo, Las Vegas, Nevada 89119. representatives of organizations who ACTION: Notice of open meeting. FOR FURTHER INFORMATION CONTACT: would like to offer comments and Barbara Ulmer, Board Administrator, SUMMARY: This notice announces a suggestions may do so during the 232 Energy Way, M/S 167, North Las meeting of the Advanced Scientific meeting. Approximately 30 minutes will Vegas, Nevada 89030. Phone: (702) 630– Computing Advisory Committee be reserved for public comments. Time 0522; Fax (702) 295–2025 or Email: (ASCAC). The Federal Advisory allotted per speaker will depend on the [email protected]. Committee Act requires that public number who wish to speak but will not SUPPLEMENTARY INFORMATION: notice of these meetings be announced exceed 10 minutes. The Designated Purpose of the Board: The purpose of in the Federal Register. Federal Officer is empowered to conduct the meeting in a fashion that the Board is to make recommendations DATES: Tuesday, September 26, 2017; to DOE–EM and site management in the 8:30 a.m.–5:00 p.m. and Wednesday, will facilitate the orderly conduct of areas of environmental restoration, September 27, 2017; 8:30 a.m.–12:00 business. Those wishing to speak waste management, and related p.m. should submit your request at least five activities. days before the meeting. Those not able ADDRESSES: DoubleTree Crystal City, to attend the meeting or who have Tentative Agenda 300 Army Navy Drive, Arlington, VA. insufficient time to address the 1. Fiscal Year 2018 Work Plan FOR FURTHER INFORMATION CONTACT: committee are invited to send a written Development Christine Chalk, Office of Advanced statement to Christine Chalk, U.S. 2. Election of Officers Scientific Computing Research; SC–21/ Department of Energy, 1000 3. Recommendation Development for Germantown Building; U. S. Department Independence Avenue SW., Communication Improvement of Energy; 1000 Independence Avenue Washington, DC 20585; email to Opportunities—Work Plan Item #9 SW., Washington, DC 20585–1290; [email protected]. Public Participation: The EM SSAB, Telephone (301) 903–7486. Minutes: The minutes of this meeting Nevada, welcomes the attendance of the SUPPLEMENTARY INFORMATION: will be available within 90 days on the public at its advisory committee Purpose of the Committee: The Advanced Scientific Computing Web meetings and will make every effort to purpose of the committee is to provide site at http://science.energy.gov/ascr/ accommodate persons with physical advice and guidance on a continuing ascac/.
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Issued at Washington, DC, on August 24, ADDRESSES: You may submit comments Type of Request: Three-year extension 2017. (identified by Docket No. IC17–14–000) of the FERC–725U information LaTanya R. Butler, by either of the following methods: collection requirements with no changes Deputy Committee Management Officer. • eFiling at Commission’s Web site: to the current reporting requirements. http://www.ferc.gov/docs-filing/ [FR Doc. 2017–18596 Filed 8–31–17; 8:45 am] Abstract: Reliability Standard CIP– BILLING CODE 6450–01–P efiling.asp. 1 • Mail/Hand Delivery/Courier: 014–2 requires applicable transmission Federal Energy Regulatory Commission, owners and transmission operators to identify and protect transmission DEPARTMENT OF ENERGY Secretary of the Commission, 888 First Street NE., Washington, DC 20426. stations and transmission substations, Federal Energy Regulatory Instructions: All submissions must be and their associated primary control Commission formatted and filed in accordance with centers that if rendered inoperable or submission guidelines at: http:// damaged as a result of a physical attack [Docket No. IC17–14–000] www.ferc.gov/help/submission- could result in instability, uncontrolled separation, or cascading within an Commission Information Collection guide.asp. For user assistance contact Interconnection. Activities (FERC–725U); Comment FERC Online Support by email at Request; Extension [email protected], or by phone Transmission owners and at: (866) 208–3676 (toll-free), or (202) transmission operators must keep data AGENCY: Federal Energy Regulatory 502–8659 for TTY. or evidence to show compliance with Commission, Department of Energy. Docket: Users interested in receiving the standard for three years unless ACTION: Notice of information collection automatic notification of activity in this directed by its Compliance Enforcement and request for comments. docket or in viewing/downloading Authority. If a responsible entity is comments and issuances in this docket found non-compliant, it must keep SUMMARY: In compliance with the may do so at http://www.ferc.gov/docs- requirements of the Paperwork information related to the non- filing/docs-filing.asp. compliance until mitigation is complete Reduction Act of 1995, the Federal FOR FURTHER INFORMATION CONTACT: Energy Regulatory Commission and approved, or for the three years, Ellen Brown may be reached by email whichever is longer. (Commission or FERC) is soliciting at [email protected], telephone public comment on the currently at (202) 502–8663, and fax at (202) 273– Type of Respondents: Transmission approved information collection, FERC– 0873. owners (TO) and transmission operators 725U, Mandatory Reliability Standards: (TOP). SUPPLEMENTARY INFORMATION: Mandatory Reliability Standard CIP– Title: Mandatory Reliability Estimate of Annual Burden: 2 The 014. Standards: Reliability Standard CIP– Commission estimates the annual public DATES: Comments on the collection of 014. reporting burden for the information information are due October 31, 2017. OMB Control No.: 1902–0274. collection as:
FERC–725U—MANDATORY RELIABILITY STANDARDS: RELIABILITY STANDARD CIP–014
Number and Number of Average Total burden type of responses per Total number burden hours and total respondents respondent of responses hours and cost cost per response 3
(1) (2) (1) * (2) = (3) (4) (3) * (4)
Year 1
R1 ...... 334 TO ...... 1 334 20 6,680 $1,280 $427,520 R2 ...... 334 TO ...... 1 334 34 11,356 $2,448 $817,632 R3 ...... 2 TOP ...... 1 2 1 2 $129 $258 R4 ...... 30 TO and 2 TOP ...... 1 32 80 2,560 $5,120 $163,840 R5 ...... 30 TO and 2 TOP ...... 1 32 320 10,240 $20,480 $655,360 R6 ...... 30 TO and 2 TOP ...... 1 32 304 9,728 $19,456 $622,592 Record Retention ...... 334 TO and 2 TOP .... 1 336 2 672 $76 $25,536
Year 2
Record Retention ...... 334 TO and 2 TOP .... 1 336 2 672 $76 $25,536
1 Reliability Standard CIP–014–2 was became effective on 10/2/2015 and is now included generate, maintain, retain, or disclose or provide implemented by the letter Order in Docket RD15– in the FERC–725U information collection. information to or for a Federal agency. For further 4–000 issued on 7/14/2015. RD15–4–000 was not 2 Burden is defined as the total time, effort, or explanation of what is included in the information submitted to OMB because it did not implicate the financial resources expended by persons to collection burden, reference 5 CFR 1320.3. Paperwork Reduction Act. The revised standard
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FERC–725U—MANDATORY RELIABILITY STANDARDS: RELIABILITY STANDARD CIP–014—Continued
Number and Number of Average Total burden type of responses per Total number burden hours and total respondents respondent of responses hours and cost cost per response 3
(1) (2) (1) * (2) = (3) (4) (3) * (4)
Year 3
R1 ...... 30 TO ...... 1 30 20 600 $1,280 $38,400 R2 ...... 30 TO ...... 1 30 34 1,020 $2,436 $73,080 R3 ...... 2 TOP ...... 1 2 1 2 $129 $258 R4 ...... 30 TO and 2 TOP ...... 1 32 80 2,560 $5,120 $163,840 R5 ...... 30 TO and 2 TOP ...... 1 32 80 2,560 $5,120 $163,840 R6 ...... 30 TO and 2 TOP ...... 1 32 134 4,288 $8,576 $274,432 Record Retention ...... 334 TO and 2 TOP .... 1 336 2 672 $76 $25,536
Year 1 Total ...... 41,238 $2,712,738
Year 2 Total ...... 672 $25,536
Year 3 Total ...... 11,702 $739,386
TOTAL (for Years 1–3) ...... 53,612 $3,477,660
Average Annual Burden and Cost ...... 17,871 (for Years 1–3) ...... $1,159,220
Comments: Comments are invited on: the methodology and assumptions used; actions.1 Such delegation was effective (1) Whether the collection of (3) ways to enhance the quality, utility beginning February 4, 2017, and in no information is necessary for the proper and clarity of the information collection; event was to extend beyond 14 days performance of the functions of the and (4) ways to minimize the burden of following the date a Commission Commission, including whether the the collection of information on those quorum was reestablished.2 information will have practical utility; who are to respond, including the use 2. Take notice that a Commission (2) the accuracy of the agency’s estimate of automated collection techniques or quorum was reestablished on August 10, of the burden and cost of the collection other forms of information technology. of information, including the validity of 2017, and, with the reestablishment of Dated: August 25, 2017. a Commission quorum, the Kimberly D. Bose, 3 The estimates for cost per response are derived Commission’s delegation of further using the following formula: Average Burden Hours Secretary. authority to its staff accordingly per Response times XX per Hour = Average Cost per [FR Doc. 2017–18538 Filed 8–31–17; 8:45 am] terminated on August 24, 2017. Response. BILLING CODE 6717–01–P The hourly cost figures are based on data for Dated: August 25, 2017. wages plus benefits from the Bureau of Labor Statistics (as of 11/9/2016) at https://www.bls.gov/ Kimberly D. Bose, oes/current/naics2_22.htm and http://www.bls.gov/ DEPARTMENT OF ENERGY Secretary. news.release/ecec.nr0.htm. The figures are rounded [FR Doc. 2017–18537 Filed 8–31–17; 8:45 am] for the purposes of calculations in this table and Federal Energy Regulatory BILLING CODE 6717–01–P are: Commission 1. For electrical engineers, $64.29/hr., rounded to $64/hr. [Docket No. AD17–10–000] 2. for attorneys, $129.12/hr., rounded to $129/hr. 3. for administrative staff, $37.75/hr., rounded to Agency Operations in the Absence of $38/hr. The record retention cost is based on the a Quorum; Notice of Termination of administrative staff category; R3 is based on the Delegation of Further Authority to Staff attorney category; Requirements R1, R4, R5 and R6 Due To Reestablishment of Quorum are based on the electrical engineer category; and R2 is a mix of the electrical engineer and related 1. By order issued February 3, 2017, engineering review process (30 hrs. at $64/hr.) and in anticipation of a lack of a quorum, 1 attorney (4 hrs. at $129/hr.) categories. The Agency Operations in the Absence of a Quorum, resulting average hourly figure is $71.65, rounded the Commission delegated further 158 FERC 61,135 (2017). to $72/hr. authority to its staff to take certain 2 Id. P 2.
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION AGENCY Federal Energy Regulatory Federal Energy Regulatory Commission Commission [EPA–HQ–OAR–2006–0947; 9967–15–OEI] Information Collection Request Combined Notice of Filings Combined Notice of Filings Submitted to OMB for Review and Take notice that the Commission has Approval; Comment Request; NO Take notice that the Commission has X received the following Natural Gas Budget Trading Program To Reduce received the following Natural Gas Pipeline Rate and Refund Report filings: the Regional Transport of Ozone Pipeline Rate and Refund Report filings: (Renewal) Filings Instituting Proceedings Filings Instituting Proceedings Docket Numbers: RP17–974–000. AGENCY: Environmental Protection Applicants: Garden Banks Gas Docket Number: PR17–58–000. Agency (EPA). ACTION: Pipeline, LLC. Applicants: Louisville Gas and Notice. Description: § 4(d) Rate Filing: Garden Electric Company. SUMMARY: The Environmental Protection Banks LINK filing to be effective Description: Tariff filing per Agency has submitted an information 10/1/2017. 284.123(b), (e)+(g): Rate Petition and collection request (ICR), ‘‘NOX Budget Filed Date: 8/18/17. Revised Statement of Operating Trading Program to Reduce the Regional Accession Number: 20170818–5106. Conditions to be effective 8/23/2017; Transport of Ozone’’, (EPA ICR No. Comments Due: 5 p.m. ET 8/30/17. Filing Type: 1300. 1857.07, OMB Control No. 2060–0445) Docket Numbers: RP17–975–000. to the Office of Management and Budget Filed Date: 8/23/17. Applicants: Gulf South Pipeline (OMB) for review and approval in Company, LP. Accession Number: 201708235034. accordance with the Paperwork Description: § 4(d) Rate Filing: Comments Due: 5 p.m. ET 9/13/17. Reduction Act. This is a proposed Amendments to Neg Rate Agmts (FPL extension of the ICR, which is currently 284.123(g) Protests Due: 5 p.m. ET 41618–29, 41619–15) to be effective approved through August 31, 2017. 10/23/17. 8/17/2017. Public comments were previously Filed Date: 8/21/17. Docket Numbers: RP17–159–000. requested via the Federal Register on Accession Number: 20170821–5084. Applicants: Noble Energy, Inc., CNX June 29, 2017 during a 60-day comment Comments Due: 5 p.m. ET 9/5/17. Gas Company LLC. period. This notice allows for an additional 30 days for public comments. Docket Numbers: RP17–976–000. Description: Request for Extension of Applicants: Mississippi Canyon Gas A fuller description of the ICR is given Temporary Waiver of CNX Gas below, including its estimated burden Pipeline, L.L.C. Company LLC and Noble Energy, Inc. Description: § 4(d) Rate Filing: Miss and cost to the public. An Agency may Canyon LINK integration filing to be Filed Date: 8/14/17. not conduct or sponsor and a person is effective 10/1/2017. Accession Number: 20170814–5183. not required to respond to a collection of information unless it displays a Filed Date: 8/21/17.. Comments Due: 5 p.m. ET 8/28/17. Accession Number: 20170821–5106. currently valid OMB control number. Comments Due: 5 p.m. ET 9/5/17. The filings are accessible in the DATES: Additional comments may be submitted on or before October 2, 2017. The filings are accessible in the Commission’s eLibrary system by Commission’s eLibrary system by clicking on the links or querying the ADDRESSES: Submit your comments, clicking on the links or querying the docket number. referencing Docket ID No. EPA–HQ– docket number. Any person desiring to intervene or OAR–2006–0947, to (1) EPA online Any person desiring to intervene or protest in any of the above proceedings using regulations.gov (our preferred protest in any of the above proceedings must file in accordance with Rules 211 method), by email to docket@ must file in accordance with Rules 211 and 214 of the Commission’s epamail.epa.gov, or by mail to: EPA Docket Center, Environmental and 214 of the Commission’s Regulations (18 CFR 385.211 and Protection Agency, Mail Code 28221T, Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern 1200 Pennsylvania Ave. NW., 385.214) on or before 5:00 p.m. Eastern time on the specified date(s). Protests Washington, DC 20460, and (2) OMB via time on the specified comment date. may be considered, but intervention is _ Protests may be considered, but email to oira [email protected]. necessary to become a party to the Address comments to OMB Desk Officer intervention is necessary to become a proceeding. party to the proceeding. for EPA. eFiling is encouraged. More detailed EPA’s policy is that all comments eFiling is encouraged. More detailed information relating to filing received will be included in the public information relating to filing docket without change including any requirements, interventions, protests, requirements, interventions, protests, personal information provided, unless service, and qualifying facilities filings service, and qualifying facilities filings the comment includes profanity, threats, can be found at: http://www.ferc.gov/ can be found at: http://www.ferc.gov/ information claimed to be Confidential docs-filing/efiling/filing-req.pdf. For docs-filing/efiling/filing-req.pdf. For Business Information (CBI) or other other information, call (866) 208–3676 other information, call (866) 208–3676 information whose disclosure is (toll free). For TTY, call (202) 502–8659. (toll free). For TTY, call (202) 502–8659. restricted by statute. Dated August 24, 2017. Dated: August 22, 2017. FOR FURTHER INFORMATION CONTACT: Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., Karen VanSickle, Clean Air Markets Deputy Secretary. Deputy Secretary. Division, Office of Air and Radiation, [FR Doc. 2017–18522 Filed 8–31–17; 8:45 am] [FR Doc. 2017–18523 Filed 8–31–17; 8:45 am] (6204J), Environmental Protection BILLING CODE 6717–01–P BILLING CODE 6717–01–P Agency, 1200 Pennsylvania Ave. NW.,
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Washington, DC 20460; telephone Respondent’s obligation to respond: EIS No. 20170165, Final, USFS, CA, number (202) 343–9220; fax number: Mandatory (Sections 110(a) and 301(a) Power Fire Reforestation, Review (202) 343–2361; email address: of the Clean Air Act). Period Ends: 10/02/2017, Contact: [email protected]. Estimated number of respondents: Marc Young 209–295–5955 SUPPLEMENTARY INFORMATION: EPA estimates that there are 460 former EIS No. 20170166, Draft, BLM, NV, Supporting documents which explain in NOX Budget Trading Program units that Greater Phoenix Project, Comment detail the information that the EPA will will continue to conduct monitoring in Period Ends: 10/16/2017, Contact: be collecting are available in the public accordance with Part 75 solely under Christine Gabriel 775–635–4000 docket for this ICR. The docket can be the NOX SIP Call. EIS No. 20170167, Final, DOC, CO, viewed online at www.regulations.gov Frequency of response: Yearly, Nationwide Public Safety Broadband or in person at the EPA Docket Center, quarterly, occasionally. Network for the Central United States, WJC West, Room 3334, 1301 Total estimated burden: 189,261 Review Period Ends: 10/02/2017, Constitution Ave. NW., Washington, hours (per year). Burden is defined at 5 Contact: Amanda Pereira 202–280– DC. The telephone number for the CFR 1320.03(b). 9364 Docket Center is 202–566–1744. For Total estimated cost: $27,787,807 (per EIS No. 20170168, Draft, Caltrans, CA, additional information about EPA’s year), includes $12,227,457 annualized North County Corridor New State public docket, visit http://www.epa.gov/ capital or operation & maintenance Route 108 Project and Route dockets. costs. Adoption, Comment Period Ends: 10/ 16/2017, Contact: Juan Torres 559– Abstract: The NOX Budget Trading Changes in the Estimates: The Program was a market-based cap and increase in total burden hours is due to 445–6328 trade program created to reduce the increased number of units whose EIS No. 20170169, Draft, USACE, AK, Nanushuk Project, Comment Period emissions of nitrogen oxides (NOX) from information collection burden power plants and other large associated with reporting of ozone- Ends: 10/16/2017, Contact: Ellen combustion sources in the eastern season NOX mass emissions is now Lyons 907–474–2169 EIS No. 20170170, Draft, USACE, TX, United States. The NOX Budget Trading reported under this program instead of Program was established as an optional other programs. The information Houston Ship Channel Expansion Channel Improvement Project, implementation mechanism for the NOX collection burden for reporting ozone SIP Call and was designed to reduce season NOX mass emissions data for all Comment Period Ends: 10/16/2017, Contact: Kelly Burks-Copes 409–766– NOX emissions during the warm sources that were formerly subject to the summer months, referred to as the CAIR NOX Ozone Season Trading 3044 ozone season, when ground-level ozone Program and are not covered by CSAPR EIS No. 20170171, Draft, FTA, CA, East concentrations are highest. In 2009, the is now covered under this ICR. San Fernando Valley Transit Corridor, program was replaced by an ozone- Previously, the burden for reporting Comment Period Ends: 10/16/2017, Contact: Candice Hughes 213–629– season NOX trading program under the ozone season NOX mass emissions data Clean Air Interstate Rule (CAIR), which for some of these sources was covered 8613 has in turn been replaced by ozone- under the CAIR Program ICR (EPA ICR Dated: August 28, 2017. season NOX trading programs under the No. 2152.05, OMB Control No. 2060– Dawn Roberts, Cross-State Air Pollution Rule (CSAPR). 0570). Management Analyst, NEPA Compliance Although the NOX Budget Trading Courtney Kerwin, Division, Office of Federal Activities. Program was replaced after the 2008 Director, Regulatory Support Division. [FR Doc. 2017–18604 Filed 8–31–17; 8:45 am] compliance season, this information [FR Doc. 2017–18540 Filed 8–31–17; 8:45 am] BILLING CODE 6560–50–P collection is being renewed because some sources in certain states are still BILLING CODE 6560–50–P required to monitor and report FEDERAL COMMUNICATIONS emissions data to EPA in accordance ENVIRONMENTAL PROTECTION COMMISSION with the NOX SIP Call and are not AGENCY covered by the CSAPR trading [DA 17–792] programs, so we will account for their [ER–FRL–9034–9] Consumer Advisory Committee information collection burden. All data Meeting received by EPA will be treated as Environmental Impact Statements; public information. An agency may not Notice of Availability AGENCY: Federal Communications conduct or sponsor, and a person is not Commission. required to respond to, a collection of Responsible Agency: Office of Federal ACTION: Notice. information unless it displays a Activities, General Information (202) currently valid OMB control number. 564–7146 or http://www.epa.gov/nepa. SUMMARY: The Commission announces The OMB control numbers for EPA’s Weekly receipt of Environmental Impact the next meeting date, time, and agenda regulations in 40 CFR are listed in 40 Statements (EISs) of its Consumer Advisory Committee CFR part 9. Filed 08/21/2017 Through 08/25/2017 (hereinafter the ‘‘Committee’’). The Form Numbers: None. Pursuant to 40 CFR 1506.9. mission of the Committee is to make Respondents/affected entities: Entities recommendations to the Commission potentially affected by this action are Notice regarding consumer issues within the those which formerly participated in the Section 309(a) of the Clean Air Act jurisdiction of the Commission and to NOX Budget Trading Program to Reduce requires that EPA make public its facilitate the participation of consumers the Regional Transport of Ozone and comments on EISs issued by other (including underserved populations, which continue to have reporting Federal agencies. EPA’s comment letters such as Native Americans, persons obligations in accordance with the NOX on EISs are available at: http:// living in rural areas, older persons, SIP Call that are not duplicated under www.epa.gov/compliance/nepa/ people with disabilities, and persons for other rules. eisdata.html. whom English is not their primary
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language) in proceedings before the Federal Communications Commission. to Cathy Williams, FCC, via email PRA@ Commission. D’wana Terry, fcc.gov and to [email protected]. DATES: September 18, 2017, 9:00 a.m. to Acting Deputy Bureau Chief, Consumer and Include in the comments the OMB 3:00 p.m. Governmental Affairs Bureau. control number as shown in the SUPPLEMENTARY INFORMATION below. ADDRESSES: Federal Communications [FR Doc. 2017–18527 Filed 8–31–17; 8:45 am] Commission, 445 12th Street SW., BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: For Commission Meeting Room TW–C305, additional information or copies of the Washington, DC 20554. information collection, contact Cathy FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: Williams at (202) 418–2918. To view a COMMISSION Scott Marshall, Designated Federal copy of this information collection Officer of the Committee, (202) 418– [OMB 3060–1166] request (ICR) submitted to OMB: (1) Go 2809 (voice or Relay); email to the Web page
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Respondents: Business or other for- Fund (RAF) to ensure that Americans Committee on Diversity and Digital profit entities, not-for-profit institutions, living in the most remote areas in the Empowerment (ACDDE). and state, local or tribal governments. nation, where the cost of deploying DATES: Monday, September 25, 2017, Number of Respondents and traditional terrestrial broadband beginning at 10:00 a.m. Responses: 750 respondents and 750 networks is extremely high, can obtain ADDRESSES: Federal Communications responses. affordable access through alternative Commission, 445 12th Street SW., Room Estimated Time per Response: 1.5 technology platforms, including satellite TW–C305, Washington, DC 20554. hours. and unlicensed wireless services. Frequency of Response: On occasion FOR FURTHER INFORMATION CONTACT: To implement these reforms and Jamila Bess Johnson, Designated Federal reporting requirement. conduct competitive bidding for CAF, Obligation To Respond: Required to Officer, Federal Communications MF, and RAF support, the Commission obtain or retain benefits. Statutory Commission, Media Bureau, (202) 418– adopted new rules containing authority for this information collection 2608, [email protected]; or information collection requirements that 47 U.S.C. 154, 254 and 303(r). Brenda Villanueva, Deputy Designated Total Annual Burden: 1,125 hours. would be used to determine whether an Federal Officer, (202) 418–7005, Total Annual Cost: No cost. applicant is generally qualified to bid [email protected]. Nature and Extent of Confidentiality: for universal service support. The SUPPLEMENTARY INFORMATION: This There is no need for confidentiality. Commission also adopted rules meeting is open to members of the Information collected in each containing information collection public. The FCC will accommodate as application for universal service support requirements that would be used to many attendees as possible; however, will be made available for public determine whether an applicant is admittance will be limited to seating inspection, and the Commission is not specifically qualified to bid for Phase I availability. The Commission will also requesting that respondents submit of the Mobility Fund and Tribal provide audio and video coverage of the confidential information to the Mobility Fund. meeting over the Internet at Commission as part of the pre-auction Because support under Phase I of the www.fcc.gov/live. Oral statements at the application process. Respondents Mobility Fund and Tribal Mobility Fund meeting by parties or entities not seeking to have information collected on has been awarded, the Commission is represented on the ACDDE will be an application for universal service revising the currently approved permitted to the extent time permits and support withheld from public information collection to remove the at the discretion of the ACDDE Chair inspection may request confidential information collections requirements and the DFO. Members of the public treatment of such information pursuant that apply specifically to applicants may submit comments to the ACDDE in to section 0.459 of the Commission’s seeking to participate in competitive the FCC’s Electronic Comment Filing rules, 47 CFR 0.459. bidding for Mobility Fund Phase I and System, ECFS, at www.fcc.gov/ecfs. Privacy Act Impact Assessment: No Tribal Mobility Fund Phase I support Comments to the ACDDE should be impact(s). and to retain only those information filed in GN Docket No. 17–208. Needs and Uses: The Commission collections requirements that apply Open captioning will be provided for will use the information collected to generally to applicants seeking to this event. Other reasonable determine whether applicants are participate in competitive bidding for accommodations for persons with eligible to participate in auctions for universal service support. The disabilities are available upon request. Universal Service Fund support. On Commission also requests that the title Requests for such accommodations November 18, 2011, the Commission of this information collection be should be submitted via email to released an order comprehensively changed to ‘‘Section 1.21001, [email protected] or by calling the reforming and modernizing the Participation in Competitive Bidding for Consumer and Governmental Affairs universal service and intercarrier Support; Section 1.21002, Prohibition of Bureau at (202) 418–0530 (voice), (202) compensation systems to ensure that Certain Communications During the 418–0432 (TTY). Such requests should robust, affordable voice and broadband Competitive Bidding Process’’ to reflect include a detailed description of the service, both fixed and mobile, are the revised information collection. accommodation needed. In addition, available to Americans throughout the Federal Communications Commission. please include a way for the FCC to nation. Connect America Fund et al., Katura Jackson, contact the requester if more Order and Further Notice of Proposed Federal Register Liaison Officer, Office of the information is needed to fulfill the Rulemaking, 26 FCC Rcd 17663 (2011) Secretary. request. Please allow at least five days’ (USF/ICC Transformation Order). In notice; last minute requests will be [FR Doc. 2017–18542 Filed 8–31–17; 8:45 am] adopting the USF/ICC Transformation accepted, but may not be possible to Order, the Commission created the BILLING CODE 6712–01–P accommodate. Connect America Fund (CAF) to help Proposed Agenda: At this meeting, make broadband available to homes, FEDERAL COMMUNICATIONS the agenda will include introduction of businesses, and community anchor COMMISSION members of the ACDDE, including the institutions in areas that do not, or Committee Chair and Vice Chair, would not otherwise, have broadband. Federal Advisory Committee, Diversity establish working groups that will assist In addition, the Commission created the and Digital Empowerment ACDDE in carrying out its work, and Connect America Mobility Fund (MF) to generally discuss the Committee’s ensure the availability of mobile AGENCY: Federal Communications mission to provide recommendations to broadband networks in areas where a Commission. the FCC on how to empower private-sector business case is lacking ACTION: Notice. disadvantaged communities and and a separate and complementary one- accelerate the entry of small businesses, time Tribal Mobility Fund Phase I to SUMMARY: In this document, the Federal including those owned by women and accelerate mobile voice and broadband Communications Commission (FCC or minorities, into the media, digital news availability in Tribal areas. Finally, the Commission) announces the first and information, and audio and video Commission created the Remote Areas meeting and agenda of the Advisory programming industries, including as
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owners, suppliers, and employees, as gain approval of a new drug application reasons of safety or effectiveness. We well as recommendations on how to (NDA). have carefully reviewed our files for ensure that disadvantaged communities The 1984 amendments include what records concerning the withdrawal of are not denied the wide range of is now section 505(j)(7) of the Federal NIZORAL (ketoconazole) tablets, 200 opportunities made possible by next- Food, Drug, and Cosmetic Act (21 U.S.C. mg, from sale. We have also generation networks. This agenda may 355(j)(7)), which requires FDA to independently evaluated relevant be modified at the discretion of the publish a list of all approved drugs. literature and data for possible ACDDE Chair and the DFO. FDA publishes this list as part of the postmarketing adverse events. We have ‘‘Approved Drug Products With Federal Communications Commission. reviewed the available evidence and Therapeutic Equivalence Evaluations,’’ determined that this drug product was Thomas Horan, which is known generally as the not withdrawn from sale for reasons of Chief of Staff, Media Bureau. ‘‘Orange Book.’’ Under FDA regulations, safety or effectiveness. [FR Doc. 2017–18550 Filed 8–31–17; 8:45 am] drugs are removed from the list if the Accordingly, the Agency will BILLING CODE 6712–01–P Agency withdraws or suspends continue to list NIZORAL approval of the drug’s NDA or ANDA (ketoconazole) tablets, 200 mg, in the for reasons of safety or effectiveness or ‘‘Discontinued Drug Product List’’ DEPARTMENT OF HEALTH AND if FDA determines that the listed drug section of the Orange Book. The HUMAN SERVICES was withdrawn from sale for reasons of ‘‘Discontinued Drug Product List’’ safety or effectiveness (21 CFR 314.162). delineates, among other items, drug Food and Drug Administration A person may petition the Agency to products that have been discontinued determine, or the Agency may from marketing for reasons other than [Docket No. FDA–2017–N–5079] determine on its own initiative, whether safety or effectiveness. FDA will not a listed drug was withdrawn from sale begin procedures to withdraw approval Determination That NIZORAL for reasons of safety or effectiveness. of approved ANDAs that refer to (Ketoconazole) Tablets, 200 Milligrams, This determination may be made at any NIZORAL. Additional ANDAs that refer Were Not Withdrawn From Sale for time after the drug has been withdrawn to NIZORAL (ketoconazole) tablets, 200 Reasons of Safety or Effectiveness from sale, but must be made prior to mg, may also be approved by the AGENCY: Food and Drug Administration, approving an ANDA that refers to the Agency as long as they meet all other HHS. listed drug (§ 314.161 (21 CFR 314.161)). legal and regulatory requirements for FDA may not approve an ANDA that the approval of ANDAs. If FDA ACTION: Notice. does not refer to a listed drug. determines that labeling for this drug SUMMARY: The Food and Drug NIZORAL (ketoconazole) tablets, 200 product should be revised to meet Administration (FDA or Agency) has mg, is the subject of NDA 018–533 and current standards, the Agency will determined that NIZORAL was originally held by Johnson & advise ANDA applicants to submit such (ketoconazole) tablets, 200 milligrams Johnson Research and Development, labeling. L.L.C., now known as Janssen Research (mg), were not withdrawn from sale for Dated: August 28, 2017. & Development, L.L.C. (Janssen). It was reasons of safety or effectiveness. This Anna K. Abram, determination means that FDA will not initially approved on June 12, 1981. NIZORAL should be used only when Deputy Commissioner for Policy, Planning, begin procedures to withdraw approval Legislation, and Analysis. of abbreviated new drug applications other effective antifungal therapy is not available or tolerated and the potential [FR Doc. 2017–18548 Filed 8–31–17; 8:45 am] (ANDAs) that refer to NIZORAL, and it BILLING CODE 4164–01–P will allow FDA to continue to approve benefits are considered to outweigh the ANDAs that reference NIZORAL as long potential risks. NIZORAL is indicated for the treatment of the following as they meet relevant legal and DEPARTMENT OF HEALTH AND systemic fungal infections in patients regulatory requirements. HUMAN SERVICES who have failed or who are intolerant to FOR FURTHER INFORMATION CONTACT: other therapies: blastomycosis, Food and Drug Administration Robin Fastenau, Center for Drug coccidioidomycosis, histoplasmosis, Evaluation Research, Food and Drug chromomycosis, and [Docket No. FDA–2017–N–4302] Administration, 10903 New Hampshire paracoccidioidomycosis. Ave., Bldg. 51, Rm. 6236, Silver Spring, In a letter dated May 22, 2008, Electronic Study Data Submission; MD 20993–0002, 240–402–4510. Janssen, which at that time was Data Standards; Support End Date for SUPPLEMENTARY INFORMATION: In 1984, operating as Johnson & Johnson Study Data Tabulation Model Version Congress enacted the Drug Price Pharmaceutical Research & 1.2, Implementation Guide Version Competition and Patent Term Development, L.L.C., acting on behalf of 3.1.2, and Implementation Guide Restoration Act of 1984 (Pub. L. 98–417) Ortho-McNeil-Janssen Pharmaceuticals, Version 3.1.2, Amendment 1 (the 1984 amendments), which Inc., notified FDA that NIZORAL AGENCY: Food and Drug Administration, authorized the approval of duplicate (ketoconazole) tablets, 200 mg, were HHS. versions of drug products under an being discontinued and requested ACTION: Notice. ANDA procedure. ANDA applicants withdrawal of NDA 018–533. In the must, with certain exceptions, show that Federal Register of October 13, 2015 (80 SUMMARY: The Food and Drug the drug for which they are seeking FR 61426), FDA announced that it was Administration’s (FDA or Agency) approval contains the same active withdrawing approval of NDA 018–533, Center for Biologics Evaluation and ingredient in the same strength and effective November 12, 2015. Research (CBER) and Center for Drug dosage form as the ‘‘listed drug,’’ which After reviewing Agency records and Evaluation and Research (CDER) are is a version of the drug that was based on the information we have at this announcing the end of support for previously approved. ANDA applicants time, FDA has determined under Version 1.2 of Clinical Data Interchange do not have to repeat the extensive § 314.161 that NIZORAL (ketoconazole) Standards Consortium Study Data clinical testing otherwise necessary to tablets, 200 mg, were not withdrawn for Tabulation Model (SDTM) and an
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update to the FDA Data Standards and Implementation Guide Version MD 20993–0002, 240–402–7911, email: Catalog. FDA will continue its support 3.1.2, Amendment 1.’’ Received [email protected]. of the newer SDTM Version 1.3 and comments will be placed in the docket SUPPLEMENTARY INFORMATION: Version 1.4, which have been listed in and, except for those submitted as the FDA Data Standards Catalog since ‘‘Confidential Submissions,’’ publicly I. Background December 2012 and August 2015, viewable at https://www.regulations.gov respectively. FDA support for SDTM or at the Dockets Management Staff On December 17, 2014, FDA Version 1.2 will end for studies that between 9 a.m. and 4 p.m., Monday published final guidance for industry start 12 months after March 15, 2018. through Friday. ‘‘Providing Regulatory Submissions in DATES: Submit either electronic or • Confidential Submissions—To Electronic Format—Standardized Study written comments at any time. submit a comment with confidential Data’’ (eStudy Data guidance) posted on ADDRESSES: You may submit comments information that you do not wish to be FDA’s Study Data Standards Resources as follows: made publicly available, submit your Web page at https://www.fda.gov/ comments only as a written/paper forindustry/datastandards/studydata Electronic Submissions submission. You should submit two standards/default.htm. The eStudy Data Submit electronic comments in the copies total. One copy will include the guidance implements the electronic following way: information you claim to be confidential submission requirements of section • Federal eRulemaking Portal: with a heading or cover note that states 745A(a) of the Federal Food, Drug, and https://www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS Cosmetic Act (21 U.S.C. 379k–1(a)) for instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ The study data contained in new drug Comments submitted electronically, Agency will review this copy, including applications, abbreviated new drug including attachments, to https:// the claimed confidential information, in applications, biologics license www.regulations.gov will be posted to its consideration of comments. The applications, and investigational new the docket unchanged. Because your second copy, which will have the drug applications submitted to CDER or comment will be made public, you are claimed confidential information CBER by specifying the format for solely responsible for ensuring that your redacted/blacked out, will be available electronic submissions. The eStudy Data comment does not include any for public viewing and posted on guidance states that a Federal Register confidential information that you or a https://www.regulations.gov. Submit notice will specify the transition date third party may not wish to be posted, both copies to the Dockets Management for updates to standards (with the such as medical information, your or Staff. If you do not wish your name and month and day for the transition date anyone else’s Social Security number, or contact information to be made publicly corresponding to March 15). confidential business information, such available, you can provide this as a manufacturing process. Please note information on the cover sheet and not The transition date for the end of FDA that if you include your name, contact in the body of your comments and you support for SDTM Version 1.2, information, or other information that must identify this information as Implementation Guide Version 3.1.2, identifies you in the body of your ‘‘confidential.’’ Any information marked and Implementation Guide Version comments, that information will be as ‘‘confidential’’ will not be disclosed 3.1.2, Amendment Version 1.2 is March posted on https://www.regulations.gov. except in accordance with 21 CFR 10.20 15, 2018. Therefore, FDA support for • If you want to submit a comment and other applicable disclosure law. For SDTM Version 1.2, Implementation with confidential information that you more information about FDA’s posting Guide Version 3.1.2, and do not wish to be made available to the of comments to public dockets, see 80 Implementation Guide Version 3.1.2, public, submit the comment as a FR 56469, September 18, 2015, or access Amendment 1.2 will end for studies that written/paper submission and in the the information at: https://www.gpo.gov/ start after March 15, 2019. The FDA manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- Data Standards Catalog (see https:// Submissions’’ and ‘‘Instructions’’). 23389.pdf. www.fda.gov/forindustry/data Written/Paper Submissions Docket: For access to the docket to standards/studydatastandards/ read background documents or the default.htm) will be updated to list Submit written/paper submissions as electronic and written/paper comments follows: March 15, 2019, as the ‘‘date support received, go to https:// • Mail/Hand delivery/Courier (for ends.’’ www.regulations.gov and insert the written/paper submissions): Dockets docket number, found in brackets in the II. Electronic Access Management Staff (HFA–305), Food and heading of this document, into the Drug Administration, 5630 Fishers Persons with access to the internet ‘‘Search’’ box and follow the prompts Lane, Rm. 1061, Rockville, MD 20852. may obtain the referenced material at and/or go to the Dockets Management • For written/paper comments https://www.fda.gov/forindustry/data Staff, 5630 Fishers Lane, Rm. 1061, submitted to the Dockets Management standards/studydatastandards/ Rockville, MD 20852. Staff, FDA will post your comment, as default.htm. FOR FURTHER INFORMATION CONTACT: well as any attachments, except for Dated: August 29, 2017. information submitted, marked and Fatima Frye, Center for Drug Evaluation identified, as confidential, if submitted and Research, Food and Drug Leslie Kux, as detailed in ‘‘Instructions.’’ Administration, 10903 New Hampshire Associate Commissioner for Policy. Instructions: All submissions received Ave., Bldg. 51, Rm. 1192, Silver Spring, [FR Doc. 2017–18566 Filed 8–31–17; 8:45 am] must include the Docket No. FDA– MD 20993–0002, 301–796–4863, email: BILLING CODE 4164–01–P 2017–N–4302 for ‘‘Electronic Study [email protected]; or Stephen Data Submission; Data Standards, Ripley, Center for Biologics Evaluation Support End Date for Study Data and Research, Food and Drug Tabulation Model Version 1.2, Administration, 10903 New Hampshire Implementation Guide Version 3.1.2, Ave., Bldg. 71, Rm. 7268, Silver Spring,
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DEPARTMENT OF HEALTH AND • If you want to submit a comment of comments to public dockets, see 80 HUMAN SERVICES with confidential information that you FR 56469, September 18, 2015, or access do not wish to be made available to the the information at: https://www.gpo.gov/ Food and Drug Administration public, submit the comment as a fdsys/pkg/FR–2015–09–18/pdf/2015– [Docket No. FDA–2015–D–0838] written/paper submission and in the 23389.pdf. manner detailed (see ‘‘Written/Paper Docket: For access to the docket to Procedures for Meetings of the Medical Submissions’’ and ‘‘Instructions’’). read background documents or the Devices Advisory Committee; Written/Paper Submissions electronic and written/paper comments Guidance for Industry and Food and received, go to https:// Drug Administration Staff; Availability Submit written/paper submissions as www.regulations.gov and insert the follows: • docket number, found in brackets in the AGENCY: Food and Drug Administration, Mail/Hand delivery/Courier (for heading of this document, into the HHS. written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts ACTION: Notice of availability. Management Staff (HFA–305), Food and and/or go to the Dockets Management Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, SUMMARY: The Food and Drug Lane, Rm. 1061, Rockville, MD 20852. Administration (FDA or Agency) is • Rockville, MD 20852. For written/paper comments An electronic copy of the guidance announcing the availability of the submitted to the Dockets Management guidance entitled ‘‘Procedures for document is available for download Staff, FDA will post your comment, as from the internet. See the Meetings of the Medical Devices well as any attachments, except for SUPPLEMENTARY INFORMATION section for Advisory Committee.’’ The Center for information submitted, marked and information on electronic access to the Devices and Radiological Health (CDRH) identified, as confidential, if submitted guidance. Submit written requests for a is issuing this guidance to provide as detailed in ‘‘Instructions.’’ additional information regarding the Instructions: All submissions received single hard copy of the guidance processes for meetings of the Medical must include the Docket No. FDA– document entitled ‘‘Procedures for Devices Advisory Committee panels 2015–D–0838 for ‘‘Procedures for Meetings of the Medical Devices other than the Medical Devices Dispute Meetings of the Medical Devices Advisory Committee’’ to the Office of Resolution Panel (DRP). This guidance Advisory Committee; Guidance for the Center Director, Guidance and describes the general circumstances in Industry and Food and Drug Policy Development, Center for Devices which CDRH consults with a panel, the Administration Staff; Availability.’’ and Radiological Health, Food and Drug process for exchange of information Received comments will be placed in Administration, 10903 New Hampshire among CDRH, the members of the panel, the docket and, except for those Ave., Bldg. 66, Rm. 5431, Silver Spring, industry, and the public, and the submitted as ‘‘Confidential MD 20993–0002. Send one self- conduct of panel meetings. This Submissions,’’ publicly viewable at addressed adhesive label to assist that guidance supplements existing FDA https://www.regulations.gov or at the office in processing your request. Agency-wide guidance on the conduct Dockets Management Staff Office FOR FURTHER INFORMATION CONTACT: of Advisory Committee meetings. between 9 a.m. and 4 p.m., Monday James Swink, Center for Devices and DATES: Submit either electronic or through Friday. Radiological Health, Food and Drug written comments on this guidance at • Confidential Submissions—To Administration, 10903 New Hampshire any time. General comments on Agency submit a comment with confidential Ave., Bldg. 66, Rm. 1609, Silver Spring, guidance documents are welcome at any information that you do not wish to be MD 20993–0002, 301–796–6313. time. made publicly available, submit your SUPPLEMENTARY INFORMATION: comments only as a written/paper ADDRESSES: You may submit comments I. Background as follows: submission. You should submit two copies total. One copy will include the CDRH is issuing this guidance to Electronic Submissions information you claim to be confidential provide additional information Submit electronic comments in the with a heading or cover note that states regarding the processes for meetings of following way: ‘‘THIS DOCUMENT CONTAINS the Medical Devices Advisory • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The Committee panels other than DRP. The https://www.regulations.gov. Follow the Agency will review this copy, including term ‘‘panel,’’ as used in this guidance, instructions for submitting comments. the claimed confidential information, in refers to the panels established under Comments submitted electronically, its consideration of comments. The the Medical Devices Advisory including attachments, to https:// second copy, which will have the Committee charter excluding DRP. This www.regulations.gov will be posted to claimed confidential information guidance describes the general the docket unchanged. Because your redacted/blacked out, will be available circumstances in which CDRH consults comment will be made public, you are for public viewing and posted on with a panel of the Medical Devices solely responsible for ensuring that your https://www.regulations.gov. Submit Advisory Committee, the process for comment does not include any both copies to the Dockets Management exchange of information among CDRH, confidential information that you or a Staff. If you do not wish your name and the members of the panel, industry, and third party may not wish to be posted, contact information to be made publicly the public, and the conduct of panel such as medical information, your or available, you can provide this meetings. The Medical Devices anyone else’s Social Security number, or information on the cover sheet and not Advisory Committee includes 17 panels confidential business information, such in the body of your comments and you other than DRP (Ref. 1). The panels, as a manufacturing process. Please note must identify this information as according to their specialty area and that if you include your name, contact ‘‘confidential.’’ Any information marked authorization, advise the Commissioner information, or other information that as ‘‘confidential’’ will not be disclosed of Food and Drugs in discharging identifies you in the body of your except in accordance with 21 CFR 10.20 responsibilities as they relate to assuring comments, that information will be and other applicable disclosure law. For the safety and effectiveness of medical posted on https://www.regulations.gov. more information about FDA’s posting devices, and as required, any other
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product for which FDA has regulatory Reduction Act of 1995 (44 U.S.C. 3501– Program (the program), as required by responsibility. 3520). The collections of information in the Public Health Service (PHS) Act, as In the Federal Register of April 1, 21 CFR part 807, subpart E have been amended. While the Secretary of HHS is 2015 (80 FR 17439), FDA announced the approved under OMB control number named as the respondent in all availability of the draft guidance. 0910–0120; the collections of proceedings brought by the filing of Interested persons were invited to information in 21 CFR part 860 have petitions for compensation under the comment by June 1, 2015. FDA revised been approved under OMB control Program, the United States Court of the guidance as appropriate in response number 0910–0138; the collections of Federal Claims is charged by statute to the comments. This guidance is information in 21 CFR part 814 have with responsibility for considering and intended to provide information for been approved under OMB control acting upon the petitions. industry and for CDRH staff on the number 0910–0231; and the collections FOR FURTHER INFORMATION CONTACT: For processes associated with a panel of information in 21 CFR part 814, information about requirements for meeting held for any of the reasons subpart H have been approved under filing petitions, and the program in identified in the guidance. This OMB control number 0910–0332. general, contact Lisa L. Reyes, Acting guidance replaces the ‘‘Guidance on V. References Clerk, United States Court of Federal Amended Procedures for Advisory Claims, 717 Madison Place NW., Panel Meetings’’ (Ref. 2) and the The following references are on Washington, DC 20005, (202) 357–6400. guidance document entitled ‘‘Panel display in the Dockets Management For information on HRSA’s role in the Review of Premarket Approval Staff (see ADDRESSES), and may be seen program, contact the Director, National Applications #P91–2 blue book memo’’ by interested persons between 9 a.m. Vaccine Injury Compensation Program, (Ref. 3). This guidance supplements and 4 p.m., Monday through Friday; 5600 Fishers Lane, Room 08N146B, existing FDA Agency-wide guidance on they are also available electronically at Rockville, MD 20857; (301) 443–6593, the conduct of Advisory Committee https://www.regulations.gov. FDA has or visit our Web site at: http:// meetings. verified the Web site addresses, as of the www.hrsa.gov/vaccinecompensation/ date this document publishes in the II. Significance of Guidance index.html. Federal Register, but Web sites are SUPPLEMENTARY INFORMATION: This guidance is being issued subject to change over time. The consistent with FDA’s good guidance program provides a system of no-fault 1. CDRH’s Medical Devices Advisory practices regulation (21 CFR 10.115). compensation for certain individuals Committee, available at https:// who have been injured by specified The guidance represents the current www.fda.gov/AdvisoryCommittees/ thinking of FDA on the panel meeting CommitteesMeetingMaterials/Medical childhood vaccines. Subtitle 2 of Title process for medical devices. It does not Devices/MedicalDevicesAdvisoryCommittee/ XXI of the PHS Act, 42 U.S.C. 300aa– establish any rights for any person and default.htm. 10 et seq., provides that those seeking is not binding on FDA or the public. 2. ‘‘Guidance for Industry and FDA Staff: compensation are to file a petition with You can use an alternative approach if Guidance on Amended Procedures for the U.S. Court of Federal Claims and to Advisory Panel Meetings,’’ July 2000, it satisfies the requirements of the serve a copy of the petition on the available at https://www.fda.gov/downloads/ Secretary of HHS, who is named as the applicable statutes and regulations. This MedicalDevices/DeviceRegulationand guidance is not subject to Executive Guidance/GuidanceDocuments/ respondent in each proceeding. The Order 12866. ucm073726.pdf. Secretary has delegated this 3. ‘‘Panel Review of Premarket Approval responsibility under the program to III. Electronic Access Applications #P91–2 (blue book memo),’’ HRSA. The Court is directed by statute Persons interested in obtaining a copy May 1991, available at https://www.fda.gov/ to appoint special masters who take of the guidance may do so by MedicalDevices/DeviceRegulationand evidence, conduct hearings as downloading an electronic copy from Guidance/GuidanceDocuments/ appropriate, and make initial decisions the internet. A search capability for all ucm081363.htm. as to eligibility for, and amount of, Center for Devices and Radiological Dated: August 28, 2017. compensation. Health guidance documents is available Anna K. Abram, A petition may be filed with respect at https://www.fda.gov/MedicalDevices/ Deputy Commissioner for Policy, Planning, to injuries, disabilities, illnesses, DeviceRegulationandGuidance/ Legislation, and Analysis. conditions, and deaths resulting from GuidanceDocuments/default.htm. [FR Doc. 2017–18549 Filed 8–31–17; 8:45 am] vaccines described in the Vaccine Injury Guidance documents are also available BILLING CODE 4164–01–P Table (the table) set forth at 42 CFR at https://www.regulations.gov. Persons 100.3. This Table lists for each covered unable to download an electronic copy childhood vaccine the conditions that of ‘‘Procedures for Meetings of the DEPARTMENT OF HEALTH AND may lead to compensation and, for each Medical Devices Advisory Committee’’ HUMAN SERVICES condition, the time period for may send an email request to CDRH- occurrence of the first symptom or [email protected] to receive an Health Resources and Services manifestation of onset or of significant electronic copy of the document. Please Administration aggravation after vaccine use the document number 413 to administration. Compensation may also National Vaccine Injury Compensation identify the guidance you are be awarded for conditions not listed in Program; List of Petitions Received requesting. the Table and for conditions that are AGENCY: manifested outside the time periods IV. Paperwork Reduction Act of 1995 Health Resources and Services Administration (HRSA), Department of specified in the Table, but only if the This guidance refers to previously Health and Human Services (HHS). petitioner shows that the condition was approved collections of information ACTION: Notice. caused by one of the listed vaccines. found in FDA regulations. These Section 2112(b)(2) of the PHS Act, 42 collections of information are subject to SUMMARY: HRSA is publishing this U.S.C. 300aa–12(b)(2), requires that review by the Office of Management and notice of petitions received under the ‘‘[w]ithin 30 days after the Secretary Budget (OMB) under the Paperwork National Vaccine Injury Compensation receives service of any petition filed
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under section 2111 the Secretary shall Dated: August 28, 2017. No: 17–0955V publish notice of such petition in the George Sigounas, 31. Jamie Gardner, Camp Hill, Pennsylvania, Court of Federal Claims No: 17–0959V Federal Register.’’ Set forth below is a Administrator. 32. Sharifah Wilson, Philadelphia, list of petitions received by HRSA on List of Petitions Filed Pennsylvania, Court of Federal Claims July 1, 2017, through July 31, 2017. This No: 17–0960V list provides the name of petitioner, city 1. Houston Byrd, Jr., Heath, Ohio, Court of 33. William Brown, Vienna, Virginia, Court and state of vaccination (if unknown Federal Claims No: 17–0900V of Federal Claims No: 17–0961V 2. Jacquelyn M. Will, Milwaukee, Wisconsin, 34. Karen Adams, Washington, District of then city and state of person or attorney Court of Federal Claims No: 17–0904V filing claim), and case number. In cases Columbia, Court of Federal Claims No: 3. Christine Midnight, Albuquerque, New 17–0963V where the Court has redacted the name Mexico, Court of Federal Claims No: 17– 35. Stephen E. Antisdel, Buchanan, of a petitioner and/or the case number, 0905V Michigan, Court of Federal Claims No: the list reflects such redaction. 4. Beth Nemechek, Greeley, Colorado, Court 17–0964V of Federal Claims No: 17–0907V 36. Jennifer Gregorino, Chattanooga, Section 2112(b)(2) also provides that 5. Patricia Woolf, Cheyenne, Wyoming, Court the special master ‘‘shall afford all Tennessee, Court of Federal Claims No: of Federal Claims No: 17–0908V 17–0965V interested persons an opportunity to 6. Marie Schmidt, Naperville, Illinois, Court 37. Rowena Adcox, Bowling Green, submit relevant, written information’’ of Federal Claims No: 17–0913V Kentucky, Court of Federal Claims No: relating to the following: 7. Richard K. Parker, Richmond, Virginia, 17–0966V Court of Federal Claims No: 17–0917V 1. The existence of evidence ‘‘that 38. Lisa Workman, Washington, District of 8. Ronald Skrajner, Aurora, Ohio, Court of Columbia, Court of Federal Claims No: there is not a preponderance of the Federal Claims No: 17–0918V 17–0967V evidence that the illness, disability, 9. Anita Javorski, Mankato, Minnesota, Court 39. Mary Jane De La Pena, Sacramento, injury, condition, or death described in of Federal Claims No: 17–0919V California, Court of Federal Claims No: the petition is due to factors unrelated 10. Jose Solis Marin, Washington, District of 17–0971V to the administration of the vaccine Columbia, Court of Federal Claims No: 40. Mary Duncan, Washington, District of 17–0920V described in the petition,’’ and Columbia, Court of Federal Claims No: 11. Lavell Maize, Boston, Massachusetts, 17–0972V Court of Federal Claims No: 17–0921V 2. Any allegation in a petition that the 41. Cindy Gilliam, Washington, District of 12. Ronald Patrick, Stuart, Florida, Court of petitioner either: Columbia, Court of Federal Claims No: Federal Claims No: 17–0922V 17–0974V a. ‘‘[S]ustained, or had significantly 13. Amy Mehl, Memphis, Tennessee, Court 42. Jeffrey Braden, St. Louis, Missouri, Court aggravated, any illness, disability, of Federal Claims No: 17–0923V of Federal Claims No: 17–0975V 14. Jennifer Stracick on behalf of H.S., St. injury, or condition not set forth in the 43. Janice Condara, Sugar Land, Texas, Court Petersburg, Florida, Court of Federal Vaccine Injury Table but which was of Federal Claims No: 17–0977V Claims No: 17–0924V caused by’’ one of the vaccines referred 44. George Kennedy, Austin, Texas, Court of 15. Rebecca Curl, Winder, Georgia, Court of to in the Table, or Federal Claims No: 17–0978V Federal Claims No: 17–0925V b. ‘‘[S]ustained, or had significantly 16. Martin McGrail and Amy McGrail on 45. Daphne Lattimer, Groveport, Ohio, Court of Federal Claims No: 17–0980V aggravated, any illness, disability, behalf of S.M., Neptune, New Jersey, Court of Federal Claims No: 17–0926V 46. Linda Harris, Washington, District of injury, or condition set forth in the Columbia, Court of Federal Claims No: Vaccine Injury Table the first symptom 17. Elizabeth Evans, New York, New York, Court of Federal Claims No: 17–0929V 17–0981V or manifestation of the onset or 18. Arthur M. Flowers, III, West Columbia, 47. Kent Kemmerer, Willoughby, Ohio, Court significant aggravation of which did not South Carolina, Court of Federal Claims of Federal Claims No: 17–0982V occur within the time period set forth in No: 17–0930V 48. Casey Humphreys on behalf of E.H., the Table but which was caused by a 19. Donna Ducey, Colleyville, Texas, Court of Jasper, Arkansas, Court of Federal Claims vaccine’’ referred to in the Table. Federal Claims No: 17–0933V No: 17–0983V 20. Mary Orloski, Lewiston, Maine, Court of 49. Deborah Langer, Dallas, Texas, Court of In accordance with Section Federal Claims No: 17–0936V Federal Claims No: 17–0984V 2112(b)(2), all interested persons may 21. Yvonne Simpson, Washington, District of 50. Allison Menard, Baton Rouge, Louisiana, submit written information relevant to Columbia, Court of Federal Claims No: Court of Federal Claims No: 17–0985V the issues described above in the case of 17–0944V 51. William Nischbach, Washington, District the petitions listed below. Any person 22. Leslie Questel on behalf of J.M., Big Bear, of Columbia, Court of Federal Claims No: 17–0986V choosing to do so should file an original California, Court of Federal Claims No: 17–0946V 52. Tzipora Lefkowitz on behalf of M.L., New and three (3) copies of the information 23. Erwin Casazza, Springfield, New Jersey, Square, New York, Court of Federal with the Clerk of the U.S. Court of Court of Federal Claims No: 17–0947V Claims No: 17–0987V Federal Claims at the address listed 24. Tracie Johanek, Washington, District of 53. Sara Torres-Ruiz, Palmdale, California, above (under the heading FOR FURTHER Columbia, Court of Federal Claims No: Court of Federal Claims No: 17–0988V INFORMATION CONTACT), with a copy to 17–0948V 54. Jason Quirino, Boston, Massachusetts, HRSA addressed to Director, Division of 25. Kimberly Holway, Seattle, Washington, Court of Federal Claims No: 17–0989V 55. Barbara Stoliker, Ventura, California, Injury Compensation Programs, Court of Federal Claims No: 17–0949V 26. Livania Zavala, M.D. and Nelson J. Court of Federal Claims No: 17–0990V Healthcare Systems Bureau, 5600 Spinetti, M.D. on behalf of A.S., 56. Natalie Ben-Shoshan, Dallas, Texas, Court Fishers Lane, 08N146B, Rockville, MD Edinburg, Texas, Court of Federal Claims of Federal Claims No: 17–0991V 20857. The Court’s caption (Petitioner’s No: 17–0951V 57. Patricia Pendergrass, Washington, District Name v. Secretary of HHS) and the 27. Fred A. Stover, Spring Mills, of Columbia, Court of Federal Claims No: docket number assigned to the petition Pennsylvania, Court of Federal Claims 17–0992V should be used as the caption for the No: 17–0952V 58. Jamie Miller, Baltimore, Maryland, Court written submission. Chapter 35 of title 28. Justin M. Gillespie, Waupun, Wisconsin, of Federal Claims No: 17–0993V Court of Federal Claims No: 17–0953V 59. Regina Stenberg, Washington, District of 44, United States Code, related to 29. Kevin McGuinness, Dade City, Florida, Columbia, Court of Federal Claims No: paperwork reduction, does not apply to Court of Federal Claims No: 17–0954V 17–0994V information required for purposes of 30. Kathleen Peddycord Wilson, Raleigh, 60. Cheri Lang, Washington, District of carrying out the program. North Carolina, Court of Federal Claims Columbia, Court of Federal Claims No:
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17–0995V would constitute a clearly unwarranted Contact Person: Jian Yang, Ph.D., Scientific 61. Cheryl Conkle, Boston, Massachusetts, invasion of personal privacy. Review Officer, Review Branch, DEA, Court of Federal Claims No: 17–1001V NIDDK, National Institutes of Health, Room 62. Angela Dieter, Mount Joy, Pennsylvania, Name of Committee: Center for Scientific 7111, 6707 Democracy Boulevard, Bethesda, Court of Federal Claims No: 17–1002V Review Special Emphasis Panel; PAR 14– MD 20892–5452, (301) 594–7799, yangj@ 63. Romana Estes, Boston, Massachusetts, 166: Early Phase Clinical Trials in Imaging extra.niddk.nih.gov. and Image-Guided Interventions. Court of Federal Claims No: 17–1003V Name of Committee: National Institute of Date: September 25, 2017. 64. Anne Knudson, Phillips, Wisconsin, Diabetes and Digestive and Kidney Diseases Time: 4:00 p.m. to 7:00 p.m. Court of Federal Claims No: 17–1004V Special Emphasis Panel; Time-Sensitive Agenda: To review and evaluate grant 65. Miguel Leal, Jr., Wyoming, Michigan, Obesity PAR Review. Court of Federal Claims No: 17–1008V applications. Date: September 29, 2017. 66. Kimberly Settle, Thomasville, North Place: Bethesda North Marriott Hotel & Time: 1:30 p.m. to 3:30 p.m. Carolina, Court of Federal Claims No: Conference Center, 5701 Marinelli Road, Agenda: To review and evaluate grant 17–1009V Bethesda, MD 20852. applications. 67. Sapna Kadakia, Washington, District of Contact Person: Songtao Liu, MD, Place: National Institutes of Health, Two Columbia, Court of Federal Claims No: Scientific Review Officer, Center for Democracy Plaza, 6707 Democracy 17–1011V Scientific Review, National Institutes of Boulevard, Bethesda, MD 20892 (Telephone 68. Ricky Buras, Hattiesburg, Mississippi, Health, 6701 Rockledge Drive, Room 5108, Conference Call). Court of Federal Claims No: 17–1012V Bethesda, MD 20817, 301–435–3578, Contact Person: Michele L. Barnard, Ph.D., 69. Ellisa Morine, Chicago, Illinois, Court of [email protected]. Scientific Review Officer, Review Branch, Federal Claims No: 17–1013V (Catalogue of Federal Domestic Assistance DEA, NIDDK, National Institutes of Health, 70. Margaret Rogers, Dresher, Pennsylvania, Program Nos. 93.306, Comparative Medicine; Room 7353, 6707 Democracy Boulevard, Court of Federal Claims No: 17–1014V 93.333, Clinical Research, 93.306, 93.333, Bethesda, MD 20892–2542, (301) 594–8898, 71. Michael Anderson, Dresher, 93.337, 93.393–93.396, 93.837–93.844, [email protected]. Pennsylvania, Court of Federal Claims 93.846–93.878, 93.892, 93.893, National Name of Committee: National Institute of No: 17–1017V Institutes of Health, HHS) Diabetes and Digestive and Kidney Diseases 72. Robert Wechsler, Dresher, Pennsylvania, Dated: August 29, 2017. Special Emphasis Panel; DDK–D Member Court of Federal Claims No: 17–1018V Natasha M. Copeland, Conflict SEP. 73. Geraldine Petrocelli, Monroe, New York, Date: October 6, 2017. Program Analyst, Office of Federal Advisory Court of Federal Claims No: 17–1019V Time: 8:00 a.m. to 4:00 p.m. Committee Policy. 74. Kevin McKenna, Rochester Hills, Agenda: To review and evaluate grant Michigan, Court of Federal Claims No: [FR Doc. 2017–18612 Filed 8–31–17; 8:45 am] applications. 17–1021V BILLING CODE 4140–01–P Place: Residence Inn Bethesda, 7335 75. Albert Parsons, Wartburg, Tennessee, Wisconsin Avenue, Bethesda, MD 20814. Court of Federal Claims No: 17–1022V Contact Person: Xiaodu Guo, MD, Ph.D., 76. Cynthia Hackney, San Antonio, Texas, DEPARTMENT OF HEALTH AND Scientific Review Officer, Review Branch, Court of Federal Claims No: 17–1027V HUMAN SERVICES DEA, NIDDK, National Institutes of Health, 77. Barbara Sakovits, Dresher, Pennsylvania, Room 7023, 6707 Democracy Boulevard, Court of Federal Claims No: 17–1028V National Institutes of Health Bethesda, MD 20892–5452, (301) 594–4719, 78. Sheryl Attig, Greenville, South Carolina, [email protected]. Court of Federal Claims No: 17–1029V National Institute of Diabetes and Name of Committee: National Institute of 79. Patricia Anton, Dresher, Pennsylvania, Diabetes and Digestive and Kidney Diseases Court of Federal Claims No: 17–1031V Digestive and Kidney Diseases; Notice Special Emphasis Panel; Fellowships in 80. Tasha Lee and Jose Botello on behalf of of Closed Meetings Digestive Diseases and Nutrition. A.B., Beverly Hills, California, Court of Pursuant to section 10(d) of the Date: October 12–13, 2017. Federal Claims No: 17–1032V Federal Advisory Committee Act, as Time: 8:00 a.m. to 5:00 p.m. [FR Doc. 2017–18567 Filed 8–31–17; 8:45 am] amended, notice is hereby given of the Agenda: To review and evaluate grant BILLING CODE 4165–15–P following meetings. applications. The meetings will be closed to the Place: Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Road, public in accordance with the DEPARTMENT OF HEALTH AND Bethesda, MD 20852. provisions set forth in sections HUMAN SERVICES Contact Person: Jian Yang, Ph.D., Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Officer, Review Branch, DEA, National Institutes of Health as amended. The grant applications and NIDDK, National Institutes of Health, Room the discussions could disclose 7111, 6707 Democracy Boulevard, Bethesda, Center For Scientific Review; Notice of confidential trade secrets or commercial MD 20892–5452, (301) 594–7799, yangj@ Closed Meeting property such as patentable material, extra.niddk.nih.gov. and personal information concerning Name of Committee: National Institute of Pursuant to section 10(d) of the individuals associated with the grant Diabetes and Digestive and Kidney Diseases Federal Advisory Committee Act, as applications, the disclosure of which Special Emphasis Panel; Fellowships in amended, notice is hereby given of the would constitute a clearly unwarranted Diabetes, Endocrinology and Metabolic following meeting. Diseases. invasion of personal privacy. Date: October 17, 2017. The meeting will be closed to the Name of Committee: National Institute of Time: 8:00 a.m. to 6:00 p.m. public in accordance with the Diabetes and Digestive and Kidney Diseases Agenda: To review and evaluate grant provisions set forth in sections Special Emphasis Panel; R13 Conference applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Grant Applications. Place: Doubletree Hotel Bethesda as amended. The grant applications and Date: September 21, 2017. (Formerly Holiday Inn Select), 8120 the discussions could disclose Time: 11:00 a.m. to 12:30 p.m. Wisconsin Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Contact Person: Thomas A. Tatham, Ph.D., confidential trade secrets or commercial applications. Scientific Review Officer, Review Branch, property such as patentable material, Place: National Institutes of Health, Two DEA, NIDDK, National Institutes of Health, and personal information concerning Democracy Plaza, 6707 Democracy Room 7021, 6707 Democracy Boulevard, individuals associated with the grant Boulevard, Bethesda, MD 20892 (Telephone Bethesda, MD 20892–5452, (301) 594–3993, applications, the disclosure of which Conference Call). [email protected].
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(Catalogue of Federal Domestic Assistance Branch, Division of Extramural Research and Clinical and Translational R21 and Omnibus Program Nos. 93.847, Diabetes, Training, National Institute of Environmental R03: SEP–6. Endocrinology and Metabolic Research; Health Sciences, P.O. Box 12233, MD EC–30, Date: October 13, 2017. 93.848, Digestive Diseases and Nutrition Research Triangle Park, NC 27709, (919) 541– Time: 8:00 a.m. to 5:00 p.m. Research; 93.849, Kidney Diseases, Urology 1307, [email protected]. Agenda: To review and evaluate grant and Hematology Research, National Institutes Name of Committee: National Institute of applications. of Health, HHS) Environmental Health Sciences Special Place: Bethesda North Marriott Hotel & Conference Center, 5701 Marinelli Road, Dated: August 28, 2017. Emphasis Panel; Centers for Oceans and Bethesda, MD 20852. David Clary, Human Health II. Date: September 22, 2017. Contact Person: Jennifer C. Schiltz, Ph.D., Program Analyst, Office of Federal Advisory Time: 11:00 a.m. to 4:00 p.m. Scientific Review Officer, Special Review Committee Policy. Agenda: To review and evaluate grant Branch, Division of Extramural Activities, [FR Doc. 2017–18531 Filed 8–31–17; 8:45 am] applications. National Cancer Institute, NIH, 9609 Medical BILLING CODE 4140–01–P Place: Baltimore Marriott Inner Harbor at Center Drive, Room 7W112, Bethesda, MD Camden Yards, 110 South Eutaw Street, 20892–9750, 240–276–5864, jennifer.schiltz@ Baltimore, MD 21201. nih.gov. DEPARTMENT OF HEALTH AND Contact Person: Leroy Worth, Ph.D., Name of Committee: National Cancer HUMAN SERVICES Scientific Review Officer, Scientific Review Institute Special Emphasis Panel; Branch, Division of Extramural Research and Institutional Research Training Grant. National Institutes of Health Training, National Institute of Environmental Date: October 17, 2017. Health Sciences, P.O. Box 12233, MD EC–30/ Time: 1:00 p.m. to 3:00 p.m. National Institute of Environmental Room 3171, Research Triangle Park, NC Agenda: To review and evaluate grant 27709, (919) 541–0670, [email protected]. applications. Health Sciences; Notice of Closed Place: National Cancer Institute, Shady (Catalogue of Federal Domestic Assistance Meetings Grove, 9609 Medical Center Drive, Room Program Nos. 93.115, Biometry and Risk 7W234, Rockville, MD 20850 (Telephone Pursuant to section 10(d) of the Estimation—Health Risks from Conferece Call). Environmental Exposures; 93.142, NIEHS Federal Advisory Committee Act, as Contact Person: Adriana Stoica, Ph.D., Hazardous Waste Worker Health and Safety amended, notice is hereby given of the Scientific Review Officer, Resources and Training; 93.143, NIEHS Superfund following meetings. Training Review Branch, Division of Hazardous Substances—Basic Research and The meetings will be closed to the Extramural Activities, National Cancer Education; 93.894, Resources and Manpower public in accordance with the Institute, NIH, 9609 Medical Center Drive, Development in the Environmental Health provisions set forth in sections Room 7W234, Bethesda, MD 20892–9750, Sciences; 93.113, Biological Response to 240–276–6368, [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Environmental Health Hazards; 93.114, as amended. The grant applications and Applied Toxicological Research and Testing, Name of Committee: National Cancer the discussions could disclose National Institutes of Health, HHS) Institute Initial Review Group; Subcommittee I—Transition to Independence. confidential trade secrets or commercial Dated: August 28, 2017. property such as patentable material, Date: October 18–19, 2017. Natasha M. Copeland, Time: 8:00 a.m. to 5:00 p.m. and personal information concerning Agenda: To review and evaluate grant individuals associated with the grant Program Analyst, Office of Federal Advisory Committee Policy. applications. applications, the disclosure of which Place: Hyatt Regency Crystal City, 2799 would constitute a clearly unwarranted [FR Doc. 2017–18532 Filed 8–31–17; 8:45 am] Jefferson Davis Highway, Arlington, VA invasion of personal privacy. BILLING CODE 4140–01–P 22202. Contact Person: Delia Tang, M.D., Name of Committee: National Institute of Scientific Review Officer, Research Programs Environmental Health Sciences Special DEPARTMENT OF HEALTH AND Review Branch, Division of Extramural Emphasis Panel; Potential Exposure to GenX HUMAN SERVICES Activities, National Cancer Institute, NIH, and Health Effects. 9609 Medical Center Drive, Room 7W602, Date: September 14, 2017. Bethesda, MD 20892–9750, 240–276–6456, Time: 11:30 a.m. to 1:00 p.m. National Institutes of Health [email protected]. Agenda: To review and evaluate grant applications. National Cancer Institute; Notice of Name of Committee: National Cancer Place: NIEHS/National Institutes of Health, Closed Meetings Institute Special Emphasis Panel; SEP 2 for Provocative Questions. Keystone Building, 530 Davis Drive, Room Pursuant to section 10(d) of the 3118, Research Triangle Park, NC 27709 Date: October 24, 2017. (Telephone Conference Call). Federal Advisory Committee Act, as Time: 8:00 a.m. to 5:30 p.m. Contact Person: Laura A. Thomas, Ph.D., amended, notice is hereby given of the Agenda: To review and evaluate grant Scientific Review Officer, Scientific Review following meetings. applications. Branch, Division of Extramural Research and The meetings will be closed to the Place: Hyatt Regency Bethesda, One Training, National Institute of Environmental public in accordance with the Bethesda Metro Center, 7400 Wisconsin Health Sciences, Research Triangle Park, NC provisions set forth in sections Avenue, Bethesda, MD 20814. 27709, 919–541–2824, laura.thomas@ 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Ombretta Salvucci, Ph.D., nih.gov. Scientific Review Officer, Special Review as amended. The grant proposals Branch, Division of Extramural Activities, Name of Committee: National Institute of applications and the discussions could Environmental Health Sciences Special National Cancer Institute, NIH, 9609 Medical Emphasis Panel; Centers for Oceans and disclose confidential trade secrets or Center Drive, Room 7W264, Bethesda, MD Human Health. commercial property such as patentable 20892–9750, 240–276–7286, salvucco@ Date: September 20–22, 2017. material, and personal information mail.nih.gov. Time: 8:00 a.m. to 5:00 p.m. concerning individuals associated with Name of Committee: National Cancer Agenda: To review and evaluate grant the grant proposals applications, the Institute Special Emphasis Panel; NCI applications. disclosure of which would constitute a Clinical and Translational R21 and Omnibus Place: Baltimore Marriott Inner Harbor at clearly unwarranted invasion of R03: SEP–5. Date: November 15–16, 2017. Camden Yards, 110 South Eutaw Street, personal privacy. Baltimore, MD 21201. Time: 6:00 p.m. to 6:00 p.m. Contact Person: Linda K. Bass, Ph.D., Name of Committee: National Cancer Agenda: To review and evaluate grant Scientific Review Officer, Scientific Review Institute Special Emphasis Panel; NCI applications.
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Place: Bethesda North Marriott Hotel & as amended. The grant applications and would constitute a clearly unwarranted Conference Center, 5701 Marinelli Road, the discussions could disclose invasion of personal privacy. Bethesda, MD 20852. confidential trade secrets or commercial Contact Person: Jun Fang, Ph.D., Scientific Name of Committee: National Institute of Review Officer, Research Technology & property such as patentable material, Mental Health Initial Review Group; Mental Contract Review Branch, Division of and personal information concerning Health Services Research Committee. Extramural Activities, National Cancer individuals associated with the grant Date: October 30, 2018. Institute, NIH, 9609 Medical Center Drive, applications, the disclosure of which Time: 8:00 a.m. to 5:00 p.m. Room 7W246, Bethesda, MD 20892–9750, would constitute a clearly unwarranted Agenda: To review and evaluate grant 240–276–5460, [email protected]. invasion of personal privacy. applications. Place: Hotel Palomar, 2121 P Street NW., Name of Committee: National Cancer Name of Committee: National Advisory Institute Special Emphasis Panel; NCI Washington, DC 20036. Eye Council. Clinical and Translational R21 and Omnibus Contact Person: Aileen Schulte, Ph.D., Date: October 12, 2017. R03: SEP–2. Scientific Review Officer, Division of Open: 8:30 a.m. to 1:00 p.m. Date: November 16–17, 2017. Extramural Activities, National Institute of Agenda: Following opening remarks by the Time: 6:00 p.m. to 5:00 p.m. Mental Health, NIH Neuroscience Center, Agenda: To review and evaluate grant Director, NEI, there will be presentations by 6001 Executive Blvd., Room 6136, MSC 9606, applications. the staff of the Institute and discussions Bethesda, MD 20852, 301–443–1225, Place: Bethesda North Marriott Hotel & concerning Institute programs. [email protected]. Place: Fishers Lane Conference Center, Conference Center, 5701 Marinelli Road, (Catalogue of Federal Domestic Assistance 5635 Fishers Lane, Terrace Level Conference Bethesda, MD 20852. Program No. 93.242, Mental Health Research Rooms, Rockville, MD 20852. Contact Person: Yasuko Furumoto, Ph.D., Grants; National Institutes of Health, HHS) Scientific Review Officer, Research Closed: 1:00 p.m. to 5:00 p.m. Technology & Contract Review Branch, Agenda: To review and evaluate grant Dated: August 29, 2017. Division of Extramural Activities, National applications. Melanie J. Pantoja, Cancer Institute, NIH, 9609 Medical Center Place: Fishers Lane Conference Center, Program Analyst, Office of Federal Advisory Drive, Room 7W634, Bethesda, MD 20892– 5635 Fishers Lane, Terrace Level Conference Committee Policy. Rooms, Rockville, MD 20852. 9750, 240–276–5287, yasuko.furumoto@ [FR Doc. 2017–18616 Filed 8–31–17; 8:45 am] nih.gov. Contact Person: Paul A. Sheehy, Ph.D., BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance Director, Division of Extramural Affairs, Program Nos. 93.392, Cancer Construction; National Eye Institute, National Institutes of Health, 5635 Fishers Lane, Suite 12300, 93.393, Cancer Cause and Prevention DEPARTMENT OF HEALTH AND Research; 93.394, Cancer Detection and Bethesda, MD 20892, 301–451–2020, ps32h@ Diagnosis Research; 93.395, Cancer nih.gov. HUMAN SERVICES Treatment Research; 93.396, Cancer Biology Information is also available on the Research; 93.397, Cancer Centers Support; Institute’s/Center’s home page: National Institutes of Health 93.398, Cancer Research Manpower; 93.399, www.nei.nih.gov, where an agenda and any Cancer Control, National Institutes of Health, additional information for the meeting will National Institute of Mental Health; HHS) be posted when available. Notice of Closed Meetings Dated: August 29, 2017. (Catalogue of Federal Domestic Assistance Program Nos. 93.867, Vision Research, Pursuant to section 10(d) of the Melanie J. Pantoja, National Institutes of Health, HHS) Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory amended (5 U.S.C. App.), notice is Committee Policy. Dated: August 29, 2017. hereby given of the following meetings. [FR Doc. 2017–18613 Filed 8–31–17; 8:45 am] Natasha M. Copeland, The meetings will be closed to the BILLING CODE 4140–01–P Program Analyst. Office of Federal Advisory public in accordance with the Committee Policy. provisions set forth in sections [FR Doc. 2017–18614 Filed 8–31–17; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P as amended. The grant applications and HUMAN SERVICES the discussions could disclose confidential trade secrets or commercial National Institutes of Health DEPARTMENT OF HEALTH AND property such as patentable material, HUMAN SERVICES National Eye Institute; Notice of and personal information concerning Meeting National Institutes of Health individuals associated with the grant applications, the disclosure of which Pursuant to section 10(d) of the National Institute of Mental Health; would constitute a clearly unwarranted Federal Advisory Committee Act, as Notice of Closed Meeting invasion of personal privacy. amended, notice is hereby given of a Pursuant to section 10(d) of the Name of Committee: National Institute of meeting of the National Advisory Eye Mental Health Special Emphasis Panel; Pilot Council. Federal Advisory Committee Act, as Effectiveness Trials for Treatment, Preventive The meeting will be open to the amended (5 U.S.C. App.), notice is and Services Interventions (R34). public as indicated below, with hereby given of the following meeting. Date: September 27, 2017. attendance limited to space available. The meeting will be closed to the Time: 8:00 a.m. to 5:00 p.m. Individuals who plan to attend and public in accordance with the Agenda: To review and evaluate grant need special assistance, such as sign provisions set forth in sections applications. language interpretation or other 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: Bethesda Marriott, 5151 Pooks Hill reasonable accommodations, should as amended. The grant applications and Road, Bethesda, MD 20814. the discussions could disclose Contact Person: Marcy Ellen Burstein, notify the Contact Person listed below Ph.D., Scientific Review Officer, Division of in advance of the meeting. confidential trade secrets or commercial Extramural Activities, National Institute of The meeting will be closed to the property such as patentable material, Mental Health, NIH, Neuroscience Center, public in accordance with the and personal information concerning 6001 Executive Blvd., Room 6143, MSC 9606, provisions set forth in sections individuals associated with the grant Bethesda, MD 20892–9606, 301–443–9699, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which [email protected].
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Name of Committee: National Institute of during the first week of each month. If In accordance with the Mandatory Mental Health Special Emphasis Panel; any laboratory or IITF certification is Guidelines dated November 25, 2008 NRSA Institutional Research Training T32. suspended or revoked, the laboratory or (73 FR 71858), the following HHS- Date: September 28, 2017. IITF will be omitted from subsequent certified laboratories and IITFs meet the Time: 8:30 a.m. to 5:00 p.m. Agenda: To review and evaluate grant lists until such time as it is restored to minimum standards to conduct drug applications. full certification under the Mandatory and specimen validity tests on urine Place: Bethesda North Marriott Hotel & Guidelines. specimens: Conference Center, 5701 Marinelli Road, If any laboratory or IITF has HHS-Certified Instrumented Initial Bethesda, MD 20852. withdrawn from the HHS National Testing Facilities Contact Person: David M. Armstrong, Laboratory Certification Program (NLCP) Ph.D., Scientific Review Officer, Division of during the past month, it will be listed Dynacare, 6628 50th Street NW, Extramural Activities, National Institute of at the end and will be omitted from the Edmonton, AB Canada T6B 2N7, 780– Mental Health, NIH, Neuroscience Center/ monthly listing thereafter. 784–1190, (Formerly: Gamma- Room 6138/MSC 9608, 6001 Executive Dynacare Medical Laboratories) Boulevard, Bethesda, MD 20892–9608, 301– This notice is also available on the 443–3534, [email protected]. Internet at http://www.samhsa.gov/ HHS-Certified Laboratories workplace. Name of Committee: National Institute of ACM Medical Laboratory, Inc., 160 Mental Health Special Emphasis Panel; FOR FURTHER INFORMATION CONTACT: Elmgrove Park, Rochester, NY 14624, Intervention Research. Giselle Hersh, Division of Workplace Date: September 28, 2017. 844–486–9226 Time: 8:30 a.m. to 5:00 p.m. Programs, SAMHSA/CSAP, 5600 Aegis Analytical Laboratories, Inc., 345 Agenda: To review and evaluate grant Fishers Lane, Room 16N03A, Rockville, Hill Ave., Nashville, TN 37210, 615– applications. Maryland 20857; 240–276–2600 (voice). 255–2400, (Formerly: Aegis Sciences Place: Bethesda North Marriott Hotel & SUPPLEMENTARY INFORMATION: The Corporation, Aegis Analytical Conference Center, 5701 Marinelli Road, Department of Health and Human Laboratories, Inc., Aegis Analytical Bethesda, MD 20852. Services (HHS) notifies federal agencies Laboratories) Contact Person: David I. Sommers, Ph.D., Alere Toxicology Services, 1111 Newton Scientific Review Officer, Division of of the laboratories and Instrumented Initial Testing Facilities (IITF) currently St., Gretna, LA 70053, 504–361–8989/ Extramural Activities, National Institute of 800–433–3823, (Formerly: Kroll Mental Health, National Institutes of Health, certified to meet the standards of the 6001 Executive Blvd., Room 6154, MSC 9606, Mandatory Guidelines for Federal Laboratory Specialists, Inc., Bethesda, MD 20892, 301–443–7861, Workplace Drug Testing Programs Laboratory Specialists, Inc.) [email protected]. (Mandatory Guidelines). The Mandatory Alere Toxicology Services, 450 (Catalogue of Federal Domestic Assistance Guidelines were first published in the Southlake Blvd., Richmond, VA Program No. 93.242, Mental Health Research Federal Register on April 11, 1988 (53 23236, 804–378–9130, (Formerly: Grants; National Institutes of Health, HHS) FR 11970), and subsequently revised in Kroll Laboratory Specialists, Inc., Scientific Testing Laboratories, Inc.; Dated: August 29, 2017. the Federal Register on June 9, 1994 (59 Kroll Scientific Testing Laboratories, Melanie J. Pantoja, FR 29908); September 30, 1997 (62 FR 51118); April 13, 2004 (69 FR 19644); Inc.) Program Analyst Office of Federal Advisory Baptist Medical Center-Toxicology November 25, 2008 (73 FR 71858); Committee Policy. Laboratory, 11401 I–30, Little Rock, December 10, 2008 (73 FR 75122); and [FR Doc. 2017–18615 Filed 8–31–17; 8:45 am] AR 72209–7056, 501–202–2783, on April 30, 2010 (75 FR 22809). BILLING CODE 4140–01–P (Formerly: Forensic Toxicology The Mandatory Guidelines were Laboratory Baptist Medical Center) initially developed in accordance with Clinical Reference Laboratory, Inc., 8433 DEPARTMENT OF HEALTH AND Executive Order 12564 and section 503 Quivira Road, Lenexa, KS 66215– HUMAN SERVICES of Pub. L. 100–71. The ‘‘Mandatory 2802, 800–445–6917 Guidelines for Federal Workplace Drug DrugScan, Inc., 200 Precision Road, Substance Abuse and Mental Health Testing Programs,’’ as amended in the Suite 200, Horsham, PA 19044, 800– Services Administration revisions listed above, requires strict 235–4890 standards that laboratories and IITFs Current List of HHS-Certified Dynacare*, 245 Pall Mall Street, must meet in order to conduct drug and London, ONT, Canada N6A 1P4, 519– Laboratories and Instrumented Initial specimen validity tests on urine Testing Facilities Which Meet Minimum 679–1630, (Formerly: Gamma- specimens for federal agencies. Dynacare Medical Laboratories) Standards To Engage in Urine Drug To become certified, an applicant Testing for Federal Agencies ElSohly Laboratories, Inc., 5 Industrial laboratory or IITF must undergo three Park Drive, Oxford, MS 38655, 662– AGENCY: Substance Abuse and Mental rounds of performance testing plus an 236–2609 Health Services Administration, HHS. on-site inspection. To maintain that Laboratory Corporation of America ACTION: Notice. certification, a laboratory or IITF must Holdings, 7207 N. Gessner Road, participate in a quarterly performance Houston, TX 77040, 713–856–8288/ SUMMARY: The Department of Health and testing program plus undergo periodic, 800–800–2387 Human Services (HHS) notifies federal on-site inspections. Laboratory Corporation of America agencies of the laboratories and Laboratories and IITFs in the Holdings, 69 First Ave., Raritan, NJ Instrumented Initial Testing Facilities applicant stage of certification are not to 08869, 908–526–2400/800–437–4986, (IITF) currently certified to meet the be considered as meeting the minimum (Formerly: Roche Biomedical standards of the Mandatory Guidelines requirements described in the HHS Laboratories, Inc.) for Federal Workplace Drug Testing Mandatory Guidelines. A HHS-certified Laboratory Corporation of America Programs (Mandatory Guidelines). laboratory or IITF must have its letter of Holdings, 1904 TW Alexander Drive, A notice listing all currently HHS- certification from HHS/SAMHSA Research Triangle Park, NC 27709, certified laboratories and IITFs is (formerly: HHS/NIDA), which attests 919–572–6900/800–833–3984, published in the Federal Register that it has met minimum standards. (Formerly: LabCorp Occupational
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Testing Services, Inc., CompuChem 818–737–6370, (Formerly: SmithKline ACTION: Notice of Federal Advisory Laboratories, Inc.; CompuChem Beecham Clinical Laboratories) Committee meeting. Laboratories, Inc., A Subsidiary of Redwood Toxicology Laboratory, 3700 Roche Biomedical Laboratory; Roche Westwind Blvd., Santa Rosa, CA SUMMARY: The National Maritime CompuChem Laboratories, Inc., A 95403, 800–255–2159 Security Advisory Committee will meet Member of the Roche Group) STERLING Reference Laboratories, 2617 in Arlington, Virginia, to review and Laboratory Corporation of America East L Street, Tacoma, Washington discuss various issues relating to Holdings, 1120 Main Street, 98421, 800–442–0438 national maritime security. All meetings Southaven, MS 38671, 866–827–8042/ US Army Forensic Toxicology Drug will be open to the public. 800–233–6339, (Formerly: LabCorp Testing Laboratory, 2490 Wilson St., DATES: The Committee will meet on Occupational Testing Services, Inc.; Fort George G. Meade, MD 20755– Tuesday, September 19, 2017, from 12 MedExpress/National Laboratory 5235, 301–677–7085, Testing for Noon to 4:30 p.m. and on Wednesday, Center) Department of Defense (DoD) September 20, 2017, from 8 a.m. to 12 LabOne, Inc. d/b/a Quest Diagnostics, Employees Only Noon. This meeting may close early if 10101 Renner Blvd., Lenexa, KS *The Standards Council of Canada all business is finished. 66219, 913–888–3927/800–873–8845, (SCC) voted to end its Laboratory ADDRESSES: The meeting will be held in (Formerly: Quest Diagnostics Accreditation Program for Substance the Holiday Inn Arlington, Ballroom 1, Incorporated; LabOne, Inc.; Center for Abuse (LAPSA) effective May 12, 1998. 4610 North Fairfax Drive; Arlington, Laboratory Services, a Division of Laboratories certified through that Virginia 22203. The hotel’s Web site is: LabOne, Inc.) program were accredited to conduct http://www.hiarlington.com/. MedTox Laboratories, Inc., 402 W. forensic urine drug testing as required This meeting will be broadcast via a County Road D, St. Paul, MN 55112, by U.S. Department of Transportation web enabled interactive online format 651–636–7466/800–832–3244 (DOT) regulations. As of that date, the and teleconference line. To participate via teleconference, dial 1–855–475– Legacy Laboratory Services—MetroLab, certification of those accredited 2447; the pass code to join is 764 990 1225 NE 2nd Ave., Portland, OR Canadian laboratories will continue 20#. Additionally, if you would like to 97232, 503–413–5295/800–950–5295, under DOT authority. The responsibility participate in this meeting via the (Formerly: MetroLab-Legacy for conducting quarterly performance online web format, please log onto Laboratory Services) testing plus periodic on-site inspections https://share.dhs.gov/nmsac/ and Minneapolis Veterans Affairs Medical of those LAPSA-accredited laboratories follow the online instructions to register Center, Forensic Toxicology was transferred to the U.S. HHS, with the HHS’ NLCP contractor continuing to for this meeting. If you encounter Laboratory, 1 Veterans Drive, technical difficulties, contact Mr. Ryan have an active role in the performance Minneapolis, MN 55417, 612–725– Owens at (202) 302 6565. testing and laboratory inspection 2088, Testing for Veterans Affairs For information on facilities or (VA) Employees Only processes. Other Canadian laboratories services for individuals with National Toxicology Laboratories, Inc., wishing to be considered for the NLCP disabilities, or to request special 1100 California Ave., Bakersfield, CA may apply directly to the NLCP assistance at the meetings, contact the contractor just as U.S. laboratories do. 93304, 661–322–4250/800–350–3515 individual listed in FOR FURTHER One Source Toxicology Laboratory, Inc., Upon finding a Canadian laboratory to INFORMATION CONTACT below as soon as 1213 Genoa-Red Bluff, Pasadena, TX be qualified, HHS will recommend that possible. 77504, 888–747–3774, (Formerly: DOT certify the laboratory (Federal Instructions: You are free to submit University of Texas Medical Branch, Register, July 16, 1996) as meeting the comments at any time, including orally Clinical Chemistry Division; UTMB minimum standards of the Mandatory at the meetings, but if you want Pathology-Toxicology Laboratory) Guidelines published in the Federal Committee members to review your Pacific Toxicology Laboratories, 9348 Register on November 25, 2008 (73 FR comment before the meetings, please DeSoto Ave., Chatsworth, CA 91311, 71858). After receiving DOT submit your comments no later than 800–328–6942, (Formerly: Centinela certification, the laboratory will be September 15, 2017. We are particularly Hospital Airport Toxicology included in the monthly list of HHS- interested in comments on the issues in Laboratory) certified laboratories and participate in the ‘‘Agenda’’ section below. You must Pathology Associates Medical the NLCP certification maintenance include ‘‘Department of Homeland Laboratories, 110 West Cliff Dr., program. Security’’ and the docket number Spokane, WA 99204, 509–755–8991/ Charles LoDico, [USCG–2017–0830]. Written comments 800–541–7891x7 Chemist. must be submitted using the Federal Phamatech, Inc., 15175 Innovation eRulemaking Portal: http:// [FR Doc. 2017–18609 Filed 8–31–17; 8:45 am] Drive, San Diego, CA 92128, 888– www.regulations.gov. If you encounter 635–5840 BILLING CODE 4160–20–P technical difficulties, contact the Quest Diagnostics Incorporated, 1777 individual in the FOR FURTHER Montreal Circle, Tucker, GA 30084, INFORMATION CONTACT section of this 800–729–6432, (Formerly: SmithKline DEPARTMENT OF HOMELAND document. Comments received will be Beecham Clinical Laboratories; SECURITY posted without alteration at http:// SmithKline Bio-Science Laboratories) www.regulations.gov including any Quest Diagnostics Incorporated, 400 Coast Guard personal information provided. You Egypt Road, Norristown, PA 19403, may review the Privacy Act and [Docket No. USCG–2017–0830] 610–631–4600/877–642–2216, Security Notice for the Federal Docket (Formerly: SmithKline Beecham National Maritime Security Advisory Management System at https:// Clinical Laboratories; SmithKline Bio- Committee regulations.gov/privacyNotice. Science Laboratories) Docket Search: For access to the Quest Diagnostics Incorporated, 8401 AGENCY: U.S. Coast Guard, Department docket to read documents or comments Fallbrook Ave., West Hills, CA 91304, of Homeland Security. related to this notice, go to http://
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www.regulations.gov, and use ‘‘USCG– Cargo Strategy Implementation Plan. FOR FURTHER INFORMATION CONTACT: Inez 2017–0830’’ in the ‘‘Search’’ box, press The Committee will discuss and receive C. Downs, Reports Management Officer, Enter, and then click on the item you an update from the Extremely QMAC, Department of Housing and wish to view. Hazardous Cargo Working Group on Urban Development, 451 7th Street SW., FOR FURTHER INFORMATION CONTACT: Mr. their efforts. Washington, DC 20410; email Inez. C. Ryan Owens, Alternate Designated (2) Future Policies Tasking. In [email protected], or telephone 202–402– Federal Officer of the National Maritime October, 2016 the Committee was tasked 8046. This is not a toll-free number. Security Advisory Committee, 2703 with identifying future security issues Person with hearing or speech Martin Luther King Jr. Avenue SE., for U.S. Coast Guard to consider. The impairments may access this number Washington, DC 20593, Stop 7581, Committee will discuss and receive an through TTY by calling the toll-free Washington, DC 20593–7581; telephone update on this effort. Federal Relay Service at (800) 877–8339. 202–372–1108 or email ryan.f.owens@ (3) Public comment period. Copies of available documents uscg.mil. Public comments or questions will be submitted to OMB may be obtained taken throughout the meeting as the from Ms. Downs. SUPPLEMENTARY INFORMATION: Notice of Committee discusses the issues and this meeting is in compliance with the SUPPLEMENTARY INFORMATION: This prior to deliberations and voting. There Federal Advisory Committee Act, (Title notice informs the public that HUD is will also be a public comment period at 5, United States Code, Appendix). The seeking approval from OMB for the the end of each meeting. Speakers are National Maritime Security Advisory information collection described in requested to limit their comments to 5 Committee operates under the authority Section A. minutes. of 46 U.S.C. 70112. The National The Federal Register notice that Please note that the public comment Maritime Security Advisory Committee solicited public comment on the period may end before the period provides advice, consults with, and information collection for a period of 60 allotted, following the last call for makes recommendations to the days was published on June 20, 2017 at comments. Contact the individual listed Secretary of Homeland Security, via the 82 FR 28086. in the FOR FURTHER INFORMATION Commandant of the Coast Guard, on A. Overview of Information Collection CONTACT section above to register as a matters relating to national maritime speaker. Title of Information Collection: Rent security. Schedule-Low Rent Housing. A copy of all meeting documentation Dated: August 28, 2017. OMB Approval Number: 2502–0012. will be available at https:// Jennifer F. Williams, Type of Request: Reinstatement with homeport.uscg.mil/NMSAC by Captain, U.S. Coast Guard, Director of change of a previously approved September 30, 2017. Inspections and Compliance. collection. Agenda of Meeting [FR Doc. 2017–18515 Filed 8–31–17; 8:45 am] Form Number: HUD–92458 Rent BILLING CODE 9110–04–P Schedule—Low Rent Housing. Day 1 Description of the need for the The Committee will meet to review, information and proposed use: This discuss and formulate recommendations DEPARTMENT OF HOUSING AND information is necessary for HUD to on the following issues: URBAN DEVELOPMENT ensure that tenant rents are applied to (1) Cyber Security Guidance in the accordance with HUD administrative Marine Transportation System. The [Docket No. FR–5997–N–46] procedures. Committee will discuss and receive a Respondents (i.e. affected public): brief on the current efforts to implement 30-Day Notice of Proposed Information Owners and managers of subsidized low cyber security strategies. The Committee Collection: Rent Schedule—Low income housing. will also provide recommendations on Income Housing Estimated Number of Respondents: current effort to provide Cyber Security AGENCY: Office of the Chief Information 2,465. Guidance. Officer, HUD. Estimated Number of Responses: (2) Regulatory Reform effort update. 2,465. ACTION: Notice. The Committee will discuss the efforts Frequency of Response: Annually, or of the Regulatory Reform working group SUMMARY: HUD submitted the proposed on occasion. to address the tasking put forward to the information collection requirement Average Hours per Response: 5.33. Committee in August (NMSAC Task described below to the Office of Total Estimated Burden: 13,138. T2017–01). Management and Budget (OMB) for B. Solicitation of Public Comment (3) Member Report. The Committee review, in accordance with the This notice is soliciting comments members will each provide an update Paperwork Reduction Act. The purpose from members of the public and affected on the security developments in each of of this notice is to allow for 30 days of parties concerning the collection of the respective member’s representative public comment. segment. information described in Section A on DATES: (4) Public Comment period. Comments Due Date: October 2, the following: 2017. (1) Whether the proposed collection Day 2 ADDRESSES: Interested persons are of information is necessary for the The Committee will meet to review, invited to submit comments regarding proper performance of the functions of discuss and formulate recommendations this proposal. Comments should refer to the agency, including whether the on the following issues: the proposal by name and/or OMB information will have practical utility; (1) Extremely Hazardous Cargo Control Number and should be sent to: (2) The accuracy of the agency’s Strategy. In July 2016, the U.S. Coast HUD Desk Officer, Office of estimate of the burden of the proposed Guard tasked the Committee to work Management and Budget, New collection of information; with the Chemical Transportation Executive Office Building, Washington, (3) Ways to enhance the quality, Advisory Committee to assist in the DC 20503; fax: 202–395–5806, Email: utility, and clarity of the information to development of an Extremely Hazardous OIRA [email protected]. be collected; and
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(4) Ways to minimize the burden of SW., Washington, DC 20410; email Years 1 and 4 of the evaluation, to all the collection of information on those Anna P. Guido at Anna.P.Guido@ CoC program directors across the who are to respond: Including through hud.gov or telephone (202) 402–5535 country excluding the 10 YHDP grantees the use of appropriate automated (this is not a toll-free number). Persons and three comparison communities, for collection techniques or other forms of with hearing or speech impairments a total of 400 survey participants each information technology, e.g., permitting may access this number through TTY by wave. These data will provide an electronic submission of responses. calling the toll-free Federal Relay understanding of system developments HUD encourages interested parties to Service at (800) 877–8339. Copies of occurring across the country and submit comment in response to these available documents submitted to OMB provide a comparative basis for questions. may be obtained from Ms. Guido. understanding the demonstration Authority: Section 3507 of the Paperwork SUPPLEMENTARY INFORMATION: This communities. The survey will ask Reduction Act of 1995, 44 U.S.C. Chapter 35. notice informs the public that HUD is questions about the nature and capacity seeking approval from OMB for the of the prevention and crisis approaches Dated: August 23, 2017. information collection described in in place, the housing and service Inez C. Downs, Section A. solutions, and the strategies for Department Reports Management Officer, screening and assessing youth. It will Office of the Chief Information Officer. A. Overview of Information Collection focus on understanding the [FR Doc. 2017–18579 Filed 8–31–17; 8:45 am] Title of Information Collection: coordination and collaboration between BILLING CODE 4210–67–P Evaluation of the HUD Youth the homeless assistance system and Homelessness Demonstration Project. mainstream service systems, as well as OMB Approval Number: Pending. whether and how the system prioritizes DEPARTMENT OF HOUSING AND Type of Request: New. and coordinates referrals to the different URBAN DEVELOPMENT Agency Form Numbers: No agency programs. forms will be used. [Docket No. FR–6003–N–08] The second data collection Description of the need for the component is comprised of site visits 60-Day Notice of Proposed Information information and proposed use: The which will be conducted with each Collection: Evaluation of the HUD purpose of the Youth Homelessness demonstration community and the three Youth Homelessness Demonstration Demonstration Project Evaluation comparison non-grantee CoCs. The site Project Evaluation (YHDE), by the Office of Policy visits will include interviews with key Development and Research, at the U.S. informants, with project technical AGENCY: Office of Policy Development Department of Housing and Urban assistance (TA) providers, and youth, as and Research, HUD. Development (HUD), is to assess the well as focus groups with different ACTION: Notice. progress and results of the 2017 YHDP subgroups of youth. The site visit guide grantee communities in developing and will describe data collection procedures SUMMARY: HUD is seeking approval from executing a coordinated community to be followed to ensure rigor and the Office of Management and Budget approach to preventing and ending consistency across site visit teams. The (OMB) for the information collection youth homelessness. YHDP grant funds first site visit will be conducted as soon described below. In accordance with the help communities to work with youth as OMB approval is received to collect Paperwork Reduction Act, HUD is advisory boards, child welfare agencies, information while grantees are requesting comments from all interested and other community partners to create developing their coordinated parties on the proposed collection of comprehensive community plans to end community plans. The second site visit information. The purpose of this notice youth homelessness; these will be conducted in early 2019 to is to allow for 60 days of public comprehensive plans are a major focus explore how the plans are being comment. for the grantees in the first grant year. implemented, as well as barriers to or The grant funding is used for a variety DATES: Comments Due Date: October 31, facilitators of change. The third and 2017. of housing options, including rapid re- final site visits will be scheduled after housing, permanent supportive housing, community plans have been in effect for ADDRESSES: Interested persons are and transitional housing, as well as at least one year (mid-2020). invited to submit comments regarding innovative programs. YHDP also will Respondents: Continuum of Care Lead this proposal. Comments should refer to support youth-focused performance Agency contacts, key community the proposal by name and/or OMB measurement and coordinated entry partners, TA provider staff and youth Control Number and should be sent to: systems. In order to obtain a clear with interaction with CoCs. Anna P. Guido, Reports Management picture of YHDP grant activities, this Estimated total number of hours Officer, QDAM, Department of Housing longitudinal, multi-level evaluation will needed to prepare the information and Urban Development, 451 7th Street measure activities and progress of collection including number of SW., Room 4176, Washington, DC grantees essential to building and respondents, frequency of response, 20410–5000; telephone (202) 402–5534 sustaining effective community change. hours of response, and cost of response (this is not a toll-free number) or email Data collection will occur during two time: Based on the assumptions and at [email protected] for a copy of evaluation components with each tables below, we calculate the estimated the proposed forms or other available component including data collection annual burden hours for the study to be information. Persons with hearing or activities and analyses. These 380 hours and the annual cost to be speech impairments may access this components include two waves of a $6,716.90. Across the four years of the number through TTY by calling the toll- web-based survey of Continuums of study, the total burden hours would be free Federal Relay Service at (800) 877– Care, and site visits with each 1,520 and the total cost for the four 8339. demonstration community and the three years to be $26,867.60. The annual cost FOR FURTHER INFORMATION CONTACT: selected comparison sites. of information collection from CoC Anna P. Guido, Reports Management Component one, a web-based survey program directors assumes 400 Officer, QDAM, Department of Housing of Continuums of Care (CoCs) in the respondents, surveyed on two occasions and Urban Development, 451 7th Street U.S. will be administered twice, in over the four years of the evaluation,
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((400*2)/4=200). It is further assumed will be interviewed. The full calculation Derivations for the column ‘‘Hourly Cost that two YHDP Grantee staff per site, assumptions are shown below. Per Response,’’ are explained below. and six Program administrators per site
ESTIMATED HOUR AND COST BURDEN OF INFORMATION COLLECTION
Number of Frequency of Responses Burden hour Annual burden Hourly cost Annual cost Information collection respondents response per annum per response hours per response $
CoC Program Directors 400 2 200 0.2 40 30.54 $1,221.60 YHDP Grantee Staff .... 26 3 20 2.0 40 20.14 805.60 Program Administrators 78 3 59 1.0 59 30.54 1,801.86 Service Providers ...... 78 3 59 1.0 59 20.14 1,188.26 Government Agency Staff ...... 26 3 20 0.8 16 24.56 392.96 TA Providers ...... 10 3 8 1.0 8 20.14 161.12 Youth (Interviews) ...... 26 3 20 1.0 20 7.25 145.00 Youth (Focus Groups) 468 3 92 1.5 138 7.25 1,000.50
Total ...... 1,112 ...... 478 ...... 380 ...... 6,716.90
ESTIMATED HOUR BURDEN OF INFORMATION COLLECTION CALCULATION BASIS
Number of Frequency of Responses Information collection respondents response per annum
CoC Program Directors ...... 400 ...... 2 (400×2)/4 = 200 YHDP Grantee Staff ...... 2/site, 13 sites = 26 ...... 3 (26×3)/4 = 20 Program Administrators ...... 6/site, 13 sites = 78 ...... 3 (78×3)/4 = 59 Service Providers ...... 6/site, 13 sites = 78 ...... 3 (78×3)/4 = 59 Government Agency Staff ...... 2/site, 13 sites = 26 ...... 3 (26×3)/4 = 20 TA Providers ...... 10 ...... 3 (10×3)/4 = 8 Youth (Interviews) ...... 2/site, 13 sites = 26 ...... 3 (26×3)/4 = 20 Youth (Focus Groups) ...... 36/site, 13 sites = 468 ...... 3 (468×3)/4 = 92
Total ...... 1,112 ...... 478
As summarized below, we estimated Specialist, All Other (21–1099, $20.14). the government workers, we used an the hourly cost per response using the We used the Social and Community average of state and local Social and May 2015 Bureau of Labor Statistics, Services Manager rate for the CoC Community Services Specialist, All Occupational Employment Statistics Program Directors and Program Other (21–2099, $24.56). The youth median hourly wages for the labor Administrators. We used the Social and hourly wage is based on the federal categories, Social and Community Community Services Specialist, All minimum wage of $7.25/hour. Services Manager (11–9151, $30.54) and Other rate for YHDP grantee staff, Social and Community Services service providers, and TA providers. For
Respondent Occupation SOC code Median hourly wage
CoC program directors ...... Social and Community Services Manager ...... 11–9151 $30.54. YHDP grantee staff ...... Social and Community Services Specialist, All Others ...... 21–1099 $20.14. Program administrators ...... Social and Community Services Manager ...... 11–9151 $30.54. Service providers ...... Social and Community Services Specialist, All Others ...... 21–1099 $20.14. Government agency staff ...... Social and Community Services Specialist, All Others ...... 21–1099 Average of state and local, $24.56. TA providers ...... Social and Community Services Specialist, All Others ...... 21–1099 $20.14. Youth ...... Federal minimum wage ...... — $7.25. Source: Bureau of Labor Statistics, Occupational Employment Statistics (May 2015), https://www.bls.gov/oes/current/oessrci.htm.
B. Solicitation of Public Comment (2) The accuracy of the agency’s technology, e.g., permitting electronic estimate of the burden of the proposed This notice is soliciting comments submission of responses. collection of information; from members of the public and affected HUD encourages interested parties to parties concerning the collection of (3) Ways to enhance the quality, submit comment in response to these information described in Section A on utility, and clarity of the information to questions. be collected; and the following: Authority: Section 3507 of the Paperwork (1) Whether the proposed collection (4) Ways to minimize the burden of Reduction Act of 1995, 44 U.S.C. Chapter 35. of information is necessary for the the collection of information on those proper performance of the functions of who are to respond, including the use the agency, including whether the of appropriate automated collection information will have practical utility; techniques or other forms of information
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Dated: August 23, 2017. the FMRs and to request reevaluation of submitted comments and reevaluation Todd M. Richardson, the FY 2018 FMRs to the Regulations requests and communications regarding Acting General Deputy Assistant Secretary Division, Office of General Counsel, this notice submitted to HUD will be for Policy Development and Research. Department of Housing and Urban available for public inspection and [FR Doc. 2017–18578 Filed 8–31–17; 8:45 am] Development, 451 Seventh Street SW., copying between 8 a.m. and 5 p.m. BILLING CODE 4210–67–P Room 10276, Washington, DC 20410– weekdays at the above address. Due to 0001. Communications must refer to the security measures at the HUD above docket number and title and Headquarters building, an advance DEPARTMENT OF HOUSING AND should contain the information appointment to review the public URBAN DEVELOPMENT specified in the ‘‘Request for Comments/ comments and reevaluation requests Request for Reevaluation’’ section. [Docket No. FR–6021–N–02] must be scheduled by calling the There are two methods for submitting Regulations Division at 202–708–3055 Fair Market Rents for the Housing public comments. (this is not a toll-free number). Choice Voucher Program, Moderate 1. Submission of Comments by Mail. Individuals with speech or hearing Rehabilitation Single Room Occupancy Comments or requests for reevaluation impairments may access this number Program, and Other Programs Fiscal may be submitted by mail to the through TTY by calling the Federal Year 2018 and Adoption of Regulations Division, Office of General Relay Service at 800–877–8339 (toll-free Methodology Changes for Estimating Counsel, Department of Housing and number). Copies of all comments and Fair Market Rents Urban Development, 451 7th Street SW., reevaluation requests submitted are Room 10276, Washington, DC 20410– available for inspection and AGENCY: Office of the Assistant 0500. Due to security measures at all downloading at http:// Secretary for Policy Development and federal agencies, however, submission www.regulations.gov. Research, HUD. of comments by mail often results in FOR FURTHER INFORMATION CONTACT: ACTION: Notice of Fiscal Year (FY) 2018 delayed delivery. To ensure timely For Fair Market Rents (FMRs) and adoption receipt of comments or reevaluation technical information on the of methodology changes for estimating requests, HUD recommends that methodology used to develop FMRs or FMRs. comments or requests submitted by mail a listing of all FMRs, please call the be submitted at least two weeks in HUD USER information line at 800– SUMMARY: Section 8(c)(1) of the United advance of the deadline. HUD will make 245–2691 or access the information on States Housing Act of 1937 (USHA), as all comments or reevaluation requests the HUD USER Web site http:// amended by the Housing Opportunities received by mail available to the public www.huduser.gov/portal/datasets/ Through Modernization Act of 2016 at http://www.regulations.gov. fmr.html. FMRs are listed at the 40th or (HOTMA), requires the Secretary to 2. Electronic Submission of 50th percentile in Schedule B. For publish FMRs not less than annually, Comments. Interested persons may informational purposes, 40th percentile adjusted to be effective on October 1 of submit comments or reevaluation rents for the areas with 50th percentile each year. Section 8(c)(1)(B) of USHA, requests electronically through the FMRs will be provided in the HUD FY as amended by HOTMA, requires that Federal eRulemaking Portal at http:// 2018 FMR documentation system at HUD publish for comment a notice of www.regulations.gov. HUD strongly https://www.huduser.gov/portal/ proposed material changes in the encourages commenters to submit datasets/fmr.html#2018_query and 50th methodology for estimating FMRs and a comments or reevaluation requests percentile rents for all FMR areas will notice containing HUD’s final decisions electronically. Electronic submission of be published at http:// regarding such proposed substantial comments or reevaluation requests www.huduser.gov/portal/datasets/ methodological changes. On May 26, allows the author maximum time to 50per.html. 2017, HUD published a notice prepare and submit a comment or Questions related to use of FMRs or proposing changes to the methodology reevaluation request, ensures timely voucher payment standards should be used for estimating FMRs and requested receipt by HUD, and enables HUD to directed to the respective local HUD public comment. make them immediately available to the program staff. Questions on how to This notice adopts HUD’s May 26, public. Comments or reevaluation conduct FMR surveys may be addressed 2017 proposed material changes to the requests submitted electronically to Marie L. Lihn or Peter B. Kahn of the methodology for estimating FMRs and through the http://www.regulations.gov Economic and Market Analysis notifies interested parties that FY 2018 Web site can be viewed by other Division, Office of Economic Affairs, FMRs are available at www.huduser.gov. submitters and interested members of Office of Policy Development and This notice also describes the methods the public. Commenters or reevaluation Research at HUD headquarters, 451 7th used to calculate the FY 2018 FMRs and requestors should follow instructions Street SW., Room 8208, Washington, DC enumerates the procedures for Public provided on that site to submit 20410; telephone number 202–402–2409 Housing Agencies (PHAs) and other comments or reevaluation requests (this is not a toll-free number), or they interested parties to request electronically. may be reached at [email protected]. reevaluations of their FMRs as required Note: To receive consideration as public Persons with hearing or speech by HOTMA. Lastly, this notice responds comments or reevaluation requests, impairments may access HUD numbers to public comments HUD received on its comments or requests must be submitted through TTY by calling the Federal May 26, 2017 notice. through one of the two methods specified Relay Service at 800–877–8339 (toll-free DATES: above. Again, all submissions must refer to number). Comment Due Date: October 2, 2017. the docket number and title of the notice. Electronic Data Availability. This Applicability Date: October 2, 2017 No Facsimile Comments or Federal Register notice will be available unless HUD receives a request for Reevaluation Requests. Facsimile (FAX) electronically from the HUD User page reevaluation of specific area FMRs as comments or requests for FMR at https://www.huduser.gov/portal/ described below. reevaluation are not acceptable. datasets/fmr.html. Federal Register ADDRESSES: HUD invites interested Public Inspection of Public Comments notices also are available electronically persons to submit comments regarding and Reevaluation Requests. All properly from https://www.federalregister.gov/
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the U.S. Government Printing Office percentile for areas where HUD FY 2018 50TH-PERCENTILE FMR Web site. Complete documentation of determined higher FMRs were needed AREAS AND YEAR OF REVERSION TO the methods and data used to compute to help families assisted under certain 40TH PERCENTILE FMRS—Contin- each area’s FY 2018 FMRs is available HUD programs find and lease decent ued at https://www.huduser.gov/portal/ and affordable housing. On November datasets/fmr.html#2018_query. FY 2018 16, 2016 (81 FR 80567), HUD published Baltimore-Columbia-Towson, MD MSA .. 2019 a Final Rule entitled ‘‘Establishing a Philadelphia-Camden-Wilmington, PA- FMRs are available in a variety of NJ-DE-MD ...... 2019 electronic formats at https:// More Effective Fair Market Rent System; San Diego-Carlsbad-San Marcos, CA www.huduser.gov/portal/datasets/ Using Small Area Fair Market Rents in MSA ...... 2020 fmr.html. FMRs may be accessed in PDF the Housing Choice Voucher Program Spokane, WA HUD Metro FMR Area ..... 2020 as well as in Microsoft Excel. Small Instead of the Current 50th Percentile Washington, DC-VA-MD HUD Metro FMR Area ...... 2019 Area FMRs based on FY 2018 FMRs’’ (Small Area FMR final rule), West Palm Beach-Boca Raton, FL HUD Metropolitan Area Rents for the Dallas, with an effective date of January 17, Metro FMR Area ...... 2019 TX HUD Metro FMR Area are available 2017. The Small Area FMR final rule in Microsoft Excel format at the same eliminates the 50th percentile FMR II. Procedures for the Development of web address. Small Area FMRs for all provisions in the FMR regulations (24 FMRs and Changes in FMR other metropolitan FMR areas are CFR 888.113)1 and provides that areas Methodology available at: http://www.huduser.gov/ currently designated as 50th percentile portal/datasets/fmr/smallarea/ areas remain 50th percentile areas until Section 8(c)(1) of the USHA, as index.html. their current 3-year eligibility period amended by HOTMA (Pub. L. 114–201, expires. At the end of the 3-year approved July 29, 2016), requires the SUPPLEMENTARY INFORMATION: eligibility period, these areas revert to Secretary of HUD to publish FMRs not I. Background 40th percentile FMR status. (If they less than annually. Section 8(c)(1)(A) meet the deconcentration criteria Section 8 of the USHA (42 U.S.C. states that each FMR ‘‘shall be adjusted specified in 24 CFR 982.503(f), available 1437f) authorizes housing assistance to to be effective on October 1 of each year at: https://www.gpo.gov/fdsys/pkg/CFR- aid lower-income families in renting to reflect changes, based on the most 2016-title24-vol4/pdf/CFR-2016-title24- safe and decent housing. Housing recent available data trended so the vol4-sec982-503.pdf, they may petition assistance payments are limited by rentals will be current for the year to HUD to maintain payment standards FMRs established by HUD for different which they apply . . .’’ Section based on 50th percentile rents on that geographic areas. In the Housing Choice 8(c)(1)(B) requires that HUD publish, basis.) Voucher (HCV) program, the FMR is the not less than annually, new FMRs on The following areas completed their 3 the World Wide Web or in any other basis for determining the ‘‘payment years of 50th percentile eligibility in FY standard amount’’ used to calculate the manner specified by the Secretary, and 2017 and will revert to 40th percentile that HUD must also notify the public of maximum monthly subsidy for an FMR status in FY 2018: assisted family. See 24 CFR 982.503. when it publishes FMRs by Federal HUD also uses the FMRs to determine Register notice. After notification, the FY 2017 50TH-PERCENTILE FMR FMRs ‘‘shall become effective no earlier initial renewal rents for some expiring AREAS REVERTING TO 40TH PER- project-based Section 8 contracts, initial than 30 days after the date of such CENTILE FMRSINFY 2018 rents for housing assistance payment publication,’’ and HUD must provide a contracts in the Moderate Rehabilitation procedure for the public to comment Albuquerque, NM Metropolitan Statistical Area and request a reevaluation of the FMRs Single Room Occupancy program, rent (MSA). ceilings for rental units in both the Chicago-Joliet-Naperville, IL HUD Metro FMR Area. in a jurisdiction before the FMRs HOME Investment Partnerships program Denver-Aurora-Broomfield, CO MSA. become effective. Consistent with the Hartford-West Hartford-East Hartford, CT HUD statute, HUD is issuing this notice to and the Emergency Solution Grants Metro FMR Area. program, calculation of maximum Urban Honolulu, HI MSA. notify the public that FY 2018 FMRs are award amounts for Continuum of Care Kansas City, MO-KS HUD Metro FMR Area. available at https://www.huduser.gov/ recipients and the maximum amount of Milwaukee-Waukesha-West Allis, WI MSA. portal/datasets/fmr.html and will Riverside-San Bernardino-Ontario, CA MSA. become effective on October 2, 2017. rent a recipient may pay for property Tacoma, WA HUD Metro FMR Area. leased with Continuum of Care funds, Virginia Beach-Norfolk-Newport News, VA-NC MSA. This notice also provides procedures for and calculation of flat rents in Public FMR reevaluation requests. Housing units. In general, the FMR for The following is a list of FMR areas In addition, Section 8(c)(1)(B) of the an area is the amount that would be that retain 50th percentile FMRs for FY USHA, as amended by HOTMA, needed to pay the gross rent (shelter 2018, along with the year that they will requires that HUD publish for comment rent plus utilities) of privately owned, revert to 40th percentile status: in the Federal Register a notice of decent, and safe rental housing of a proposed material changes in the modest (non-luxury) nature with FY 2018 50TH-PERCENTILE FMR methodology for estimating FMRs and a suitable amenities and is typically set at AREAS AND YEAR OF REVERSION TO notice containing HUD’s final decisions the 40th percentile of the distribution of 40TH PERCENTILE FMRS regarding such proposed substantial gross rents. HUD’s FMR calculations methodological changes and responses Bergen-Passaic, NJ HUD Metro FMR to public comments. On May 26, 2017 represent HUD’s best effort to estimate Area ...... 2020 the 40th percentile gross rents paid by (82 FR 24377), HUD published a recent movers into standard quality Federal Register notice proposing 1 Separately from the Small Area FMR units in each FMR area. In addition, all regulations, HUD also calculates and published changes to the methodology used to rents subsidized under the HCV 50th percentile rent estimates for the purposes of calculate FMRs (Changes to program must meet reasonable rent Success Rate Payment Standards as defined at 24 Methodology notice) with a comment CFR 982.503(e) (estimates available at: http:// period that ended on June 26, 2017. standards. www.huduser.gov/portal/datasets/50per.html), As of October 2, 2000 (65 FR 58870), which policy was not changed by the Small Area This notice contains HUD’s final HUD required FMRs to be set at the 50th FMR rule. decisions on the proposed changes to
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the FMR methodology and responses to In conjunction with the use of 2015 would be the state non-metro area rent public comments. American Community Survey (ACS) data. In the Changes to Methodology notice, data, HUD has implemented the HUD has updated base rents each year HUD proposed several methodological following geography changes: Effective based on new 5-year data since FY 2012, changes in the way that HUD calculates May 1, 2015, Shannon County, South for which HUD used 2005–2009 ACS FMRs. Most of the changes focused on Dakota (state code 46, county code 113) data. HUD is also updating base rents the way HUD assessed the statistical changed its name to Oglala Lakota for Puerto Rico FMRs using the 2011– quality of the ACS estimates or on using County, South Dakota (state code 46, 2015 Puerto Rico Community Survey as much local information as possible county code 102) and effective July 1, (PRCS); HUD first updated the Puerto when calculating FMRs. The proposed 2015, the Wade Hampton Census Area, Rico base rents in FY 2014 based on changes were as follows: Alaska (state code 02, county code 270) 2007–2011 PRCS data collected through • Add a ‘‘number of observations’’ changed its name to the Kusilvak the ACS program. criterion to the existing margin of error Census Area, Alaska (state code 02, HUD historically based FMRs on gross criterion when assessing the statistical county code 158). rents for recent movers (those who have reliability of ACS estimates. moved into their current residence in • Use ‘‘all-bedroom’’ rents when A. Base Year Rents the last 24 months) measured directly. calculating the recent mover factor However, due to the way Census For FY 2018 FMRs, HUD updates the when the two-bedroom rents are not constructs the 5-year ACS data, HUD base rents using the U.S. Census statistically reliable before moving to a developed a new method for calculating Bureau’s 5-year ACS data collected larger encompassing geography’s two- recent-mover FMRs in FY 2012, which between 2011 through 2015 (released in bedroom recent mover rents for this HUD continues to use in FY 2018: HUD December of 2016). One of the changes factor. assigns all areas a base rent, which is • Calculate Small Area FMRs proposed in the Changes to the two-bedroom standard quality 5- directly, rather than using the ratio Methodology notice and adopted in this year gross rent estimate from the ACS; method, when statistically reliable notice addresses the statistical then, because HUD’s regulations information at the ZIP Code Tabulation reliability of the ACS data used in the mandate that FMRs must be published Area (ZCTA) level is available. The ratio FMR calculations. In prior years, HUD as recent mover gross rents, HUD method would still be used when used ACS estimates where the margin of applies a recent mover factor to the base statically reliable data was not available error of the estimate is less than half the rents assigned from the 5-year ACS for individual ZCTAs. size of the estimate itself. For FY 2018 data.3 The calculation of the recent • Link ZCTAs to the smallest FMRs, HUD now pairs this ‘‘margin of mover factor is described below. metropolitan area available as their error’’ test with an additional test based parent FMR area for the ratio method on the number of survey observations B. Recent Mover Factor rather than defaulting to the Office of supporting the estimate. The Census Following the assignment of the Management and Budget (OMB)— Bureau does not provide HUD with an standard quality two-bedroom rent defined metropolitan area as the parent. exact count of the number of described above, HUD applies a recent This would allow HUD to take observations supporting the ACS mover factor to these rents. HUD advantage of the differing recent mover estimate; rather, the Census Bureau calculates the recent mover factor as the factors available across subdivided OMB provides HUD with categories of the change between the 5-year 2011–2015 metropolitan areas (areas labeled as number of survey responses underlying standard quality two-bedroom gross rent HUD Metro FMR Areas). the estimate, including whether the and the 1 year 2015 recent mover gross In response to the Changes to estimate is based on more than 100 rent for the recent mover factor area. Methodology notice, a total of 22 observations. Using these categories, HUD does not allow recent mover individual comments were received and HUD requires that, in addition to the factors to lower the standard quality posted on the Regulations.gov site at ‘‘margin of error’’ test, ACS rent base rent; therefore, if the 5-year https://www.regulations.gov/ estimates must be based on at least 100 standard quality rent is larger than the docket?D=HUD-2017-0033. Most of the observations in order to be used as base comparable 1-year recent mover rent, comments that addressed the proposed rents. the recent mover factor is set to 1. methodology changes responded For areas in which the 5-year ACS The calculation of the recent mover favorably to the changes. HUD provides data for two-bedroom, standard quality factor for FY 2018 contains several responses to the public comments gross rents do not pass the statistical modifications that were proposed in the received later in this preamble (see reliability tests (i.e., have a margin of Changes to Methodology notice, and are section VII below). After considering all error ratio greater than 50 percent or now being adopted. The first change is public comments received, HUD has fewer than 100 observations), HUD will the addition of a new test to determine decided to adopt all of the proposed use an average of the base rents over the the statistical reliability of the 1-year methodology changes. HUD calculated three most recent years (provided that ACS recent mover data. The margin of the FY 2018 FMRs using the revised there is data available for at least two of error test is now paired with a count of observations test, similar to the test used methodology incorporating the adopted these years),2 or if such data is not for base rent data. Therefore, in order for changes. available, using the two-bedroom rent a recent mover gross rent estimate to be III. FMR Methodology data within the next largest geographic area, which for a non-metropolitan area This section provides a brief overview 3 HUD’s regulations incorporate recent mover data into FMR calculations because the gross rents of how HUD computes the FY 2018 2 For FY 2018, the three years of ACS data in of those who most recently moved into their units FMRs. For complete information on question are 2013, 2014 and 2015. The 2013 data likely depicts the most current market conditions how HUD determines FMR areas, and are adjusted to be denominated in 2015 dollars observable through the ACS. Rents paid by renters on how HUD derives each area’s FMRs, using the growth in CPI-based gross rents measured renewing existing leases may not reflect the most between 2013 and 2015. Similarly, the 2014 gross current market conditions, in part because these see the online documentation at https:// rent data is adjusted to 2015 denominated dollars renters may have clauses within their leases that www.huduser.gov/portal/datasets/ using the growth in CPI-based gross rents measured predetermine the annual increases in rents paid fmr.html#2018_query. between 2014 and 2015. (i.e., rent escalator clauses).
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considered statistically reliable, the was updated to 2013 for the FY 2016 collected locally in Puerto Rico as the estimate must have a margin of error FMRs and is updated through 2015 for basis for CPI adjustments from 2015 to ratio that is less than 50 percent, and the the FY 2018 FMRs using national ACS 2016 for all Puerto Rico FMR areas. estimate must be based on 100 or more data. Following the application of the observations. HUD does not use ACS data to appropriate CPI update factor, HUD The second change incorporated into establish the base rent or recent mover trends the gross rent estimate from 2016 the FY 2018 recent mover factor factor for 12 areas where the FY 2018 to FY 2018 using a national forecast of calculation concerns the data used FMR was adjusted based on survey data: expected growth in gross rents. This when an FMR area does not have • Survey data collected in 2014 is forecast produces ‘‘as of’’ FY 2018 statistically reliable two-bedroom recent used to adjust the FMRs for three non- FMRs. mover data. In this circumstance, if the metropolitan counties in Vermont ‘‘all-bedroom’’ 4 1-year recent mover (Bennington County, Windham County E. Bedroom Rent Adjustments ACS data for the FMR area is and Windsor County). HUD updates the bedroom ratios used statistically reliable, HUD will use the • Survey data from 2015 is used to in the calculation of FMRs annually. ‘‘all-bedroom’’ data to calculate the adjust the FMRs for Portland, OR and The bedroom ratios which HUD used in recent mover factor instead of using Oakland, CA. the calculation of FY 2018 FMRs have • two-bedroom data from the next larger Survey data from 2016 is used to been updated using average data from geography. Incorporating ‘‘all-bedroom’’ adjust the FMRs for Burlington, VT; three five-year ACS data series (2009– rents into the recent mover factor Kauai County, HI; Maui County, HI; San 2013, 2010–2014, and 2011–2015). The calculation when statistically reliable Francisco, CA; Portland, ME; and bedroom ratio methodology used in this two-bedroom data is not available Vallejo-Fairfield, CA. update is unchanged from previous • preserves the use of local information to Survey data from 2017 is used to calculations using 2000 Census data. the greatest extent possible. adjust the FMR for Santa Rosa, CA. HUD only uses estimates with a margin However, where statistically reliable For larger metropolitan areas that of error ratio of less than 50 percent. If ‘‘all-bedroom’’ data is not available, have valid ACS one-year recent mover an area does not have reliable estimates HUD will continue to base FMR areas’ data, survey data may not be any older in at least two of the previous three ACS recent mover factors on larger than the midpoint of the calendar year releases, bedroom ratios for the area’s geographic areas, following the same for the ACS one-year data. Since the larger parent geography are used. procedures as in FY 2017: HUD tests ACS one-year data used for the FY 2018 HUD uses two-bedroom units for its data from differently sized geographic FMRs is from 2015, larger areas may not areas in the following order (from small primary calculation of FMR estimates. use survey data collected before June 1, This is generally the most common size to large), and bases the recent mover 2015 for the FY 2018 FMRs. Smaller factor on the first statistically reliable of rental unit and, therefore, the most areas without 1-year ACS data, reliable to survey and analyze. After sample size. including the above counties in • For metropolitan areas that are estimating two-bedroom FMRs, HUD Vermont, may continue to use local calculates bedroom ratios for each FMR subareas of larger metropolitan areas, survey data until the mid-point of the 5- the order is the FMR area, metropolitan area which relate the prices of smaller year ACS data is more recent than the and larger units to the cost of two- area, aggregated metropolitan parts of local survey.6 the state, and state. bedroom units. To prevent illogical • For metropolitan areas that are not D. Updates From 2015 to 2016 and results in particular FMR areas, HUD divided, the order is the FMR area, Forecast to FY 2018 establishes bedroom interval ranges aggregated metropolitan parts of the HUD updates the ACS-based ‘‘as of’’ which set upper and lower limits for state, and state. 2015 rent through the end of 2016 using bedroom ratios nationwide, based on an • In non-metropolitan areas, the order the annual change in gross rents analysis of the range of such intervals is the FMR area, aggregated non- measured through the CPI from 2015 to for all areas with large enough samples metropolitan parts of the state, and 2016 (CPI update factor). As in previous to permit accurate bedroom ratio state. years, HUD uses local CPI data coupled determinations. The process for calculating each area’s with Consumer Expenditure Survey In the calculation of FY 2018 FMR recent mover factor is detailed in the FY data for FMR areas with at least 75 estimates, HUD set the bedroom interval 2018 FMR documentation system percent of their population within Class ranges as follows: Efficiency FMRs are available at: https://www.huduser.gov/ constrained to fall between 0.64 and _ A metropolitan areas covered by local portal/datasets/fmr.html#2018 query. CPI data. In FMR areas that don’t meet 0.85 of the two-bedroom FMR; one- Applying the recent mover factor to the this criterion, including Class B and C bedroom FMRs must be between 0.75 standard quality base rent produces an size metropolitan areas and non- and 0.87 of the two-bedroom FMR; ‘‘as of’’ 2015 recent mover two-bedroom metropolitan areas, HUD uses CPI data three-bedroom FMRs (prior to the base gross rent for the FMR area. aggregated at the Census region level. adjustments described below) must be between 1.15 and 1.34 of the two- C. Other Rent Survey Data Additionally, HUD is using CPI data bedroom FMR; and four-bedroom FMRs HUD calculated base rents for the the US Virgin Islands. As part of the 2010 Decennial (again, prior to adjustment) must be insular areas using the 2010 decennial Census, the Census Bureau conducted ‘‘long-form’’ between 1.26 and 1.64 of the two- census of American Samoa, Guam, the sample surveys for these areas. The results gathered bedroom FMR. Given that these interval Northern Mariana Islands, and the by this long form survey have been incorporated ranges partially overlap across bedroom Virgin Islands beginning with the FY into the FY 2018 FMRs. 6 sizes, HUD further adjusts bedroom 5 The 2012–2016 5-Year ACS data and the 2016 2016 FMRs. This 2010 base year data 1-Year ACS data will be used to calculate the FY ratios for a given FMR area, if necessary, 2019 FMRs. These data will be more current than to ensure that higher bedroom-count 4 ‘‘All-bedroom’’ refers to estimates aggregated the 2014 data from the Vermont survey areas and units have higher rents than lower together regardless of the number of bedrooms in the 2015 survey data in Portland, OR and Oakland, the dwelling unit. CA. Consequently, the 2016 ACS information will bedroom-count units within that area. 5 The ACS is not conducted in the Pacific Islands be used to calculate FMRs in these areas in FY The bedroom ratios for Puerto Rico (Guam, Northern Marianas and American Samoa) or 2019. follow these constraints.
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HUD also further adjusts the rents for IV. Manufactured Home Space Surveys will average the latest three years of 10 three-bedroom and larger units to reflect HOTMA changed the manner in gross rent estimates. HUD’s policy to set higher rents for which vouchers are used to subsidize For ZCTAs without usable gross rent 7 these units. This adjustment is manufactured home units. Please see data by bedroom size, HUD will intended to increase the likelihood that HUD’s Notice from January 18, 2017 (82 continue to calculate Small Area FMRs the largest families, who have the most FR 5458) for more detailed information using the rent ratio method similar to that HUD has used in past Small Area difficulty in leasing units, will be concerning the use of vouchers for FMR calculations. To calculate Small successful in finding eligible program manufactured home units. Due to the Area FMRs using a rent ratio, HUD units. The adjustment adds 8.7 percent nature of these changes, HUD will no divides the median gross rent across all to the unadjusted three-bedroom FMR longer be publishing exception rents for bedrooms for the small area (a ZIP code) estimates and adds 7.7 percent to the Manufactured Home Space pad rents. unadjusted four-bedroom FMR by the similar median gross rent for the estimates. V. Small Area FMRs metropolitan area of the ZIP code. In HUD derives FMRs for units with PHAs in the Dallas, TX HUD Metro small areas where the median gross rent more than four bedrooms by adding 15 FMR Area (HMFA) 9 continue to use is not statistically reliable, HUD percent to the four-bedroom FMR for Small Area FMRs per the terms of a substitutes the median gross rent for the each extra bedroom. For example, the court-entered settlement. These Small county containing the ZIP code in the FMR for a five-bedroom unit is 1.15 Area FMRs are listed in the Schedule B numerator of the rent ratio calculation. times the four-bedroom FMR, and the addendum. Other metropolitan PHAs HUD multiplies this rent ratio by the FMR for a six-bedroom unit is 1.30 interested in using Small Area FMRs in current two-bedroom rent for the times the four-bedroom FMR. Similarly, the operation of their Housing Choice metropolitan area containing the small HUD derives FMRs for single-room Voucher program should contact their area to generate the current year two- occupancy units by subtracting 25 local HUD field office to request bedroom rent for the small area. Similar to other changes described in percent from the zero-bedroom FMR approval from HUD to do so. (i.e., they are set at 0.75 times the zero- As proposed in the Changes to this notice, HUD is changing the linkage 8 bedroom (efficiency) FMR). Methodology notice, HUD is also between the small area and its making changes in the manner in which containing metropolitan area as F. Limit on FMR Decreases proposed in the May 26, 2017 Federal FY 2018 Small Area FMRs are Within the Small Area FMR final rule Register notice. For FY 2018 HUD is calculated. In order to use more local published on November 16, 2016, HUD linking each ZCTA to its published FMR data, HUD is calculating Small Area amended 24 CFR 888.113 to include a area; that is, each ZCTA is linked to its FMRs directly from the standard quality limit on the amount that FMRs may parent HMFA, if it exists, rather than gross rents provided to HUD by the annually decrease. The current year’s link the ZCTA to its parent OMB- Census Bureau for ZIP Code Tabulation FMRs resulting from the application of defined metropolitan area (Core-Based Areas (ZCTAs), when such data is the bedroom ratios, as discussed in Statistical Area, or CBSA) as was statistically reliable, instead of using the section (E) above, may be no less than previously done. If no parent HUD FMR current rent ratio calculation. The ZCTA 90 percent of the prior year’s FMRs for area exists, the ZCTA will continue to two-bedroom equivalent 40th percentile units with the same number of be linked to its parent CBSA. This gross rent is analogous to the standard bedrooms. Accordingly, if the current change is implemented to take quality base rents set for metropolitan year’s FMRs are less than 90 percent of advantage of the more localized recent areas and non-metropolitan counties. the prior year’s FMRs as calculated by mover factors for subareas of OMB- For each ZCTA with statistically reliable the above methodology, HUD sets the defined metropolitan areas when gross rent estimates, using the expanded current year’s FMRs equal to 90 percent available. of the prior year’s FMRs. For areas using test of statistical reliability noted As in FY 2017, HUD continues to use Small Area FMRs in the administration previously in this notice (i.e., estimates a rolling average of ACS data in of their voucher programs (i.e., Dallas with margins of error ratios below 50 calculating the Small Area FMR rent and the demonstration PHAs who opted percent and based on at least 100 ratios. HUD believes coupling the most to continue using Small Area FMRs), the observations), HUD will calculate a two- current data with previous year’s data FY 2018 Small Area FMRs may be no bedroom equivalent 40th percentile minimizes excessive year-to-year less than 90 percent of the FY 2017 gross rent using the first statistically variability in Small Area FMR rent Small Area FMRs. For all other reliable gross rent distribution data from ratios due to sampling variance. metropolitan areas, for which Small the following data sets (in this order): Therefore, for FY 2018 Small Area Area FMRs are calculated so that they two-bedroom gross rents, one-bedroom FMRs, HUD has updated the rent ratios may be used for other allowable gross rents, and three-bedroom gross to use an average of the rent ratios purposes if desired (e.g., exception rents. If either the one-bedroom or three- calculated from the 2009–2013, 2010– payment standards, public housing flat bedroom gross rent data is used because 2014, and 2011–2015 5-year ACS rents), the FY 2018 Small Area FMRs the two-bedroom gross rent data is not estimates. may be no less than 90 percent of the statistically reliable, the one-bedroom or FY 2017 metropolitan area-wide FMRs. three-bedroom 40th percentile gross rent VI. Request for Public Comments and will be converted to a two-bedroom FMR Reevaluations 7 As mentioned above, HUD applies the interval equivalent rent using the bedroom ratios HUD will continue to accept public ranges for the three-bedroom and four-bedroom for the ZCTA’s parent metropolitan area. comments on the methods HUD uses to FMR ratios prior to making these adjustments. In In order to add increased stability to other words, the adjusted three- and four-bedroom calculate FY 2018 FMRs, including FMRs can exceed the interval ranges, but the these Small Area FMR estimates, HUD unadjusted FMRs cannot. 10 For example, for FY 2018 FMRs using this 8 As established in the interim rules 9 The Dallas, TX HMFA is also known as the methodology, HUD would average the gross rents implementing the provisions of the Quality Housing Dallas-Plano-Irving, Texas Metro Division. This area from 2013, 2014 and 2015 5-Year ACS estimates. and Work Responsibility Act of 1998 (Title V of the is comprised of the following Texas counties: The 2013 and 2014 gross rent estimates would be FY 1999 HUD Appropriations Act; Pub. L. 105– Collin, Dallas, Denton, Ellis, Hunt, Kaufman, and adjusted to 2015 dollars using the metropolitan 276). In 24 CFR 982.604. Rockwall. area’s gross rent CPI adjustment factors.
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Small Area FMRs and the FMR levels 6. Any data supporting a change in recommendations for FMR changes and for specific areas. Due to its current FMRs supplied after January 5, 2018 supporting data must reflect the rent funding levels, HUD no longer has will be incorporated into FY 2019 levels that exist within the entire FMR sufficient resources to conduct local FMRs. area and should be statistically reliable. surveys of rents to address comments 7. PHAs operating in areas where the PHAs in non-metropolitan areas may, filed regarding the FMR levels for calculated FMR is lower than the in certain circumstances, conduct specific areas. PHAs may continue to published FMR (i.e., those areas where surveys of groups of counties. HUD fund such surveys independently, as HUD has limited the decrease in the must approve all county-grouped specified below, using administrative annual change in the FMR to 10 surveys in advance. PHAs are cautioned fees if they so choose.) HUD continually percent) may request payment standards that the resulting FMRs may not be strives to calculate FMRs that meet the below the basic range (24 CFR identical for the counties surveyed; each statutory requirement of using ‘‘the most 982.503(d)) and reference the individual FMR area will have a recent available data’’ while also serving ‘‘unfloored’’ rents (i.e., the unfinalized separate FMR based on the relationship as an effective program parameter. FMRs calculated by HUD prior to of rents in that area to the combined PHAs or other interested parties application of the 10-percent-decrease rents in the cluster of FMR areas. In interested in requesting HUD limit) depicted in the FY 2018 FMR addition, PHAs are advised that in reevaluation of its FY 2018 FMRs, as Documentation System (available at: counties where FMRs are based on the provided for under section 8(c)(1)(B) of https://www.huduser.gov/portal/ combined rents in the cluster of FMR USHA, must follow the following datasets/fmr.html#2018_query). areas, HUD will not revise their FMRs procedures: Questions on how to conduct FMR unless the grouped survey results show 1. By the end of the comment period, surveys may be addressed to Marie L. a revised FMR statistically different such reevaluation requests must be Lihn or Peter B. Kahn of the Economic from the combined rent level. submitted publicly through and Market Analysis Division, Office of Survey samples should preferably be www.regulations.gov or directly to HUD Economic Affairs, Office of Policy randomly drawn from a complete list of as described above. PHAs representing Development and Research at HUD rental units for the FMR area. If this is at least half of the voucher tenants in headquarters, 451 7th Street SW., Room not feasible, the selected sample must multijurisdictional areas must agree that 8208, Washington, DC 20410; telephone be drawn to be statistically the re-evaluation is necessary. number 202–402–2409 (this is not a toll- representative of the entire rental 2. In order for a reevaluation to occur, free number), or they may be reached at housing stock of the FMR area. Surveys the requestor(s) must supply HUD with [email protected]. must include units at all rent levels and data more recent than the 2015 For small metropolitan areas without be representative by structure type American Community Survey data used one-year ACS data and non- (including single-family, duplex, and in the calculation of the FY 2018 FMRs. metropolitan counties, HUD has other small rental properties), age of HUD requires data on gross rents paid developed a method using mail surveys housing unit, and geographic location. in the FMR area for standard quality that is discussed on the FMR Web page: The current 5-year ACS data should be rental housing units. The data delivered https://www.huduser.gov/portal/ used as a means of verifying if a sample must be sufficient for HUD to calculate datasets/fmr.html#fmrsurvey. This is representative of the FMR area’s a 40th and 50th percentile two-bedroom method allows for the collection of as rental housing stock. rent. Should this type of data not be few as 100 one-bedroom, two-bedroom A PHA or contractor that cannot available, requestors may gather this and three-bedroom recent mover obtain the recommended number of information using the survey guidance (tenants that moved in last 24 months) sample responses after reasonable available at https://www.huduser.gov/ units. efforts should consult with HUD before portal/datasets/fmr/NoteRevisedArea While HUD has not developed a abandoning its survey; in such SurveyProcedures.pdf and https:// specific method for mail surveys in situations, HUD may find it appropriate www.huduser.gov/portal/datasets/fmr/ areas with 1-year ACS data, HUD would to relax normal sample size PrinciplesforPHA-ConductedAreaRent apply the standard established for requirements. Surveys.pdf. Random-Digit Dialing (RDD) telephone HUD has developed guidance on how 3. On or about October 3, HUD will rent surveys. HUD will evaluate these to provide data-supported comments on post a list, at https://www.huduser.gov/ survey results to determine whether Small Area FMRs using HUD’s special portal/datasets/fmr.html, of the areas they would establish a new FMR tabulations of the distribution of gross requesting reevaluations and where FY statistically different from the current rents by bedroom unit size for ZIP Code 2017 FMRs remain in effect. FMR, which means that the survey Tabulation Areas. This guidance is 4. Data for reevaluations must be confidence interval must not include available at https://www.huduser.gov/ supplied to HUD no later than Friday the FMR. The survey should collect portal/datasets/fmr.html in the FY 2018 January 5, 2018. On Monday January 8, results based on 200 one-bedroom and FMR section and should be used by 2018, HUD will post at https:// two-bedroom eligible recent mover units interested parties in commenting on www.huduser.gov/portal/datasets/ to provide a small enough confidence whether or not the level of Small Area fmr.html a listing of the areas failing to interval for significant results in large FMRs are too high or too low (i.e., Small deliver data and making the FY 2018 market mail surveys. Areas with Area FMRs that are larger than the gross FMRs effective in these areas. statistically reliable 1-year ACS data are rent necessary to make 40 percent of the 5. HUD will use the data delivered by not considered to be good candidates for units accessible for an individual zip January 5, 2018 to reevaluate the FMRs local surveys due to the size and code or that are smaller than the gross and following the reevaluation, will completeness of the ACS process. rent necessary to make 40 percent of the post revised FMRs with an Other survey methods are acceptable units accessible for a given zip code). accompanying Federal Register notice in providing data to support HUD will post revised Small Area FMRs stating the revised FMRs are available, reevaluation requests if the survey after confirming commenters’ which will include HUD responses to method can provide statistically calculations. comments filed during the comment reliable, unbiased estimates of the gross As stated earlier in this notice, HUD period. rent of the entire FMR area. In general, is required to use the most recent data
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available when calculating FMRs. when HUD is calculating the FMRs for additional complications in determining Therefore, in order to re-evaluate an the upcoming fiscal year. gross rents. area’s FMR, HUD requires more current HUD augments the data on gross rents Comment: Multiple commenters rental market data than the 2015 ACS. paid collected through the ACS by the suggested that HUD use data from HUD encourages a PHA or other change in gross rents measured through Comprehensive Housing Market interested party that believes the FMR the Consumer Price Index (CPI) which Analysis reports conducted by HUD’s in their area is incorrect to file a captures the change in gross rents field economists in the FMR comment even if they do not have the between 2015 and 2016. In order to calculations. resources to provide market-wide rental measure the change in gross rents, HUD HUD Response: The data used in data. In these instances, HUD will use constructs a gross rent index using 2 CPI HUD’s Comprehensive Housing Market the comments, should survey funding components—Rent of Primary Analysis reports generally captures be restored, when determining the areas Residence, and Housing—Fuels and asking rents for newly constructed Class HUD will select for HUD-funded local Utilities. These gross rent change factors A rental units in large housing area rent surveys. are calculated for local metropolitan complexes. These data are not areas and where metropolitan data does appropriate for setting Fair Market Rents VII. Public Comments on the May 26, not exist, HUD uses data available at the for several reasons. First, asking rents 2017 Proposed FMR Change Notice Census regional level. The local data typically do not equate to recent mover As noted above, HUD received 22 utilized in this process covers gross rent paid. Additionally, Class A comments on the Changes to approximately 46 percent of the apartment rental rates are generally not Methodology notice. Most of the national population. representative of the gross rents comments that addressed the proposed Finally, for FY 2018, HUD continues available across the entire rental stock of methodology changes responded to use HUD’s nationwide forecast of an FMR area. However, as stated earlier, favorably to the changes. Commenters expected growth in gross rents. HUD HUD will investigate if there are more choosing to address these continues to explore forecasting current and local sources of data that methodological changes were expected changes in gross rents for could replace the CPI based update ‘‘cautiously optimistic’’ about these metropolitan areas; however, HUD has factors currently used in the FMR changes. However, one commenter yet to generate forecasts that calculations. specifically opposed the use of ‘‘all consistently provide better estimates bedroom’’ rents for the recent mover across all localities. While HUD B. Comments on Proposed Changes factor while another commenter continues to improve the quality of its Comment: The changes to the specifically supports the use of ‘‘all local forecasts, HUD will explore if calculation of Small Area FMRs directly bedroom’’ recent mover rents. other sources of data provide more from the ZCTA data are welcomed; Based on the limited comments timely update factors than those however, HUD should aggregate ZCTAs received on the proposed methodology calculated from the CPI. to get to a statistically reliable estimate changes, which are generally favorable HUD has carefully considered the rather than move to the county level to HUD’s proposed changes, HUD has comments concerning HUD conducting ratios. decided to implement each of the local rent surveys. The Federal HUD Response: HUD’s use of the proposed methodological changes in the Government currently makes a county level ratios as a proxy for the calculation of the FY 2018 FMRs. significant investment in collecting ZCTA level FMRs when there is not The following summaries of socio-economic data through the Census statistically reliable data is in line with comments and responses also include Bureau’s American Community Survey. HUD’s policy for moving to the next responses to other comments regarding Since the ACS is the replacement for the higher encompassing geography for the calculation of FMRs that were not decennial census long form survey, calculating FMRs. Aggregating ZCTAs responsive to the specific methodology households receiving the survey are presents a myriad of challenges that changes. compelled to complete it; consequently, cannot be addressed quickly. HUD will the ACS has far superior response rates study what options may be available for A. Timeliness and Data Sources and quality controls embedded in the proxies to ZCTA level rents when the Comments: A significant number of data processing than HUD could achieve ZCTA data are not statistically reliable. commenters offered comments on the in any survey program it could If HUD finds a suitable method, HUD timeliness of the data HUD uses in the construct. Therefore, HUD believes that will propose this in a future notice of calculation of FMRs and urged HUD to is a waste of Federal resources to proposed FMR changes. consider conducting local surveys or duplicate the efforts of the ACS. Comment: Several commenters otherwise compile its own source of Comment: HUD’s FMRs should be suggested that following a successful national survey data. calculated based on average rents per FMR ‘‘appeal’’, HUD should HUD Response: Generally, HUD uses square foot with adjustments for local immediately move to change a PHA’s the American Community Survey (ACS) rental market conditions. HAP amount. as the primary source of data to HUD Response: Average rent per HUD Response: HUD incorporates all calculate FMRs. The ACS is the only square foot may be a commonly of the reevaluated FMRs in the first known source of data from which HUD available statistic in some markets and calculation of Renewal Funding may calculate a 40th percentile gross may provide some additional Inflation Factors following the effective rent paid by recent movers in each FMR information regarding rental market date of the reevaluated FMRs. area. For the FY 2018 FMRs, the most conditions in those markets; however, Comment: HUD should review the current ACS data was collected in 2015. without the underlying data used to bedroom ratio calculations, with a The 2015 survey responses are calculate the average rent per square specific review of the 3-bedroom and 4- aggregated and analyzed by the Census foot statistic, HUD is unable to calculate bedroom bonuses incorporated into the Bureau during 2016 and are released in a 40th or 50th percentile rent. bedroom ratio calculations. September and December 2016. There is Furthermore, attempting to incorporate HUD Response: HUD updates the no more current data on the level of rent per square foot metrics into the bedroom ratio calculations each year, gross rents paid available during 2017 FMR calculations would introduce incorporating the most current ACS data
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into the process. The ratios are bounded Occupancy FMR at 75 percent of the 0- definitions to separate subparts of these and limited so that standard bedroom FMR. HUD updates the areas where FMRs or median incomes relationships are maintained (i.e. 0- bedroom ratios used to calculate the would otherwise change significantly bedroom ratios are not larger than 1- 0-, 1-, 3-, and 4-bedroom FMRs annually are continued. To follow HUD’s policy bedroom ratios, etc.). HUD maintains using the most current data available. of providing FMRs at the smallest that its policy of providing bonuses for Comment: The FMRs and Small Area possible area of geography, no counties 3- and 4-bedroom units allows voucher FMRs are too high. Data was submitted were added to existing metropolitan families to be more competitive for to waive the use of these FMRs, but no areas due to recent updates in these scarce larger rental dwelling units. response from HUD has been received. metropolitan area definitions. All PHAs not having difficulty placing HUD Response: This is likely a Public counties added to metropolitan areas by families in large units may use payment Housing Flat Rent exception rent the CBSA will still be treated as separate standard flexibility to set 3- and 4- request which is not handled by the counties for FMR calculations; that is, bedroom payment standards lower HUD office that calculates FMRs. Public the rents from a county that is a sub-area relative to the FMRs than other payment Housing Flat Rent exception rent will not be used in the remaining standards, or use the unadjusted 3- and requests are processed by HUD’s Office metropolitan sub-area rent 4-bedroom FMRs as the basis for of Public and Indian Housing. HUD determination. All metropolitan areas exception payment standard requests of recommends the commenter reach out that have been subdivided by HUD will less than 90 percent of these FMRs. to their local PIH representative for a use ACS data which conforms to HUD’s Comment: Several commenters status update. area definition if statistically reliable suggested that HUD should do a better VIII. Environmental Impact information exists. If statistically job of forward trending FMR estimates. reliable data for the HUD defined area HUD Response: As stated earlier, This Notice involves the is not available, HUD uses information HUD continues to refine its forecasting establishment of FMR schedules, which from larger encompassing geographies, of expected changes in gross rents at the do not constitute a development as described elsewhere in this notice. metropolitan area level. In addition, decision affecting the physical The specific counties and New HUD will explore the use of alternative condition of specific project areas or England towns and cities within each measures of rental market growth that building sites. Accordingly, under 24 state in MSAs and HMFAs were not may be available. CFR 50.19(c)(6), this Notice is changed by the February 28, 2013 OMB categorically excluded from C. Other Issues metropolitan area definitions. These environmental review under the areas are listed in Schedule B, available Comment: The geographic area National Environmental Policy Act of online at https://www.huduser.gov/ definitions used in certain areas of 1969 (42 U.S.C. 4321). portal/datasets/fmr.html. Puerto Rico are not contiguous and Accordingly, the Fair Market Rent should be reviewed. Once the area Schedules, which will not be codified in 2. Unit Bedroom Count Adjustments definitions are reviewed, the comment 24 CFR part 888, are available at https:// Schedule B, available at https:// requests HUD to undertake local rent www.huduser.gov/portal/datasets/ www.huduser.gov/portal/datasets/ surveys for the new areas and publish fmr.html. fmr.html, shows the FMRs for zero- FMRs based on these new areas and Dated: August 22, 2017. bedroom through four-bedroom units. survey data. Furthermore, the Todd M. Richardson, The Schedule B addendum shows Small commenter expressed concern about the Deputy Assistant, Secretary, Office of Policy Area FMRs for all PHAs operating using high cost of utilities not being Development, Office of Policy Development Small Area FMRs (please see section V incorporated into the FMRs. and Research. of this notice for a list of participating HUD Response: HUD will review the PHAs). The FMRs for unit sizes larger Fair Market Rents for the Housing area definitions in Puerto Rico and will than four bedrooms may be calculated Choice Voucher Program determine if sufficient data exists within by adding 15 percent to the four- the Puerto Rico Community Survey Schedule B—General Explanatory Notes bedroom FMR for each extra bedroom. (PRCS) to allow HUD to adjust the For example, the FMR for a five- 1. Geographic Coverage discontiguous areas. If changes are bedroom unit is 1.15 times the four- possible, HUD will propose them in a a. Metropolitan Areas—Most FMRs bedroom FMR, and the FMR for a six- future FMR methodology change are market-wide rent estimates that are bedroom unit is 1.30 times the four- Federal Register notice. HUD is reliant intended to provide housing bedroom FMR. FMRs for single-room- on the PRCS data as HUD does not have opportunities throughout the geographic occupancy (SRO) units are 0.75 times the funding necessary to conduct its area in which rental-housing units are the zero-bedroom FMR. own local rent surveys. In past years, in direct competition. HUD is using the HUD incorporated an additional utility metropolitan CBSAs, which are made 3. Arrangement of FMR Areas and cost adjustment into the calculation of up of one or more counties, as defined Identification of Constituent Parts FMRs; however, the Consumer Price by OMB, with some modifications. HUD a. The FMR areas in the online Index (CPI) data collected within Puerto is generally assigning separate FMRs to Schedule B are listed alphabetically by Rico never measured an increase in the component counties of CBSA metropolitan FMR area and by non- expenditures in fuels and utilities Micropolitan Areas. metropolitan county within each state associated with housing. HUD is using b. Modifications to OMB and are available at https:// CPI data collected in Puerto Rico Definitions—Following OMB guidance, www.huduser.gov/portal/datasets/ through the end of 2016, which includes the estimation procedure for the FY fmr.html. the December 2016 electricity costs 2018 FMRs incorporates the OMB b. The constituent counties (and New cited by the commenter. definitions of metropolitan areas based England towns and cities) included in Comment: Single Room Occupancy on the CBSA standards as implemented each metropolitan FMR area are listed Rents in New Hampshire are too low. with 2000 Census data and updated by immediately following the listings of the HUD Response: HUD regulations at 24 the 2010 Census in February 28, 2013. FMR dollar amounts. All constituent CFR 888.113(f)(2) set the Single Room The adjustments made to the 2000 parts of a metropolitan FMR area that
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are in more than one state can be DATES: We must receive any written permittee to conduct activities with U.S. identified by consulting the listings for comments on or before October 2, 2017. endangered or threatened species for each applicable state. ADDRESSES: Send written comments by scientific purposes, enhancement of c. Two non-metropolitan counties are U.S. Mail to the Regional Director, Attn: propagation or survival, or interstate listed alphabetically on each line of the Carlita Payne, U.S. Fish and Wildlife commerce (the latter only in the event non-metropolitan county listings. Service, Ecological Services, 5600 that it facilitates scientific purposes or d. The New England towns and cities American Blvd. West, Suite 990, enhancement of propagation or included in a non-metropolitan county Bloomington, MN 55437–1458; or by survival). Our regulations implementing are listed immediately following the electronic mail to [email protected]. section 10(a)(1)(A) of the ESA for these county name. FOR FURTHER INFORMATION CONTACT: permits are found at 50 CFR 17.22 for [FR Doc. 2017–18431 Filed 8–31–17; 8:45 am] Carlita Payne, (612) 713–5343. endangered wildlife species, 50 CFR BILLING CODE 4210–67–P SUPPLEMENTARY INFORMATION: We, the 17.32 for threatened wildlife species, 50 U.S. Fish and Wildlife Service, invite CFR 17.62 for endangered plant species, the public to comment on the following and 50 CFR 17.72 for threatened plant DEPARTMENT OF THE INTERIOR applications for a permit to conduct species. activities intended to enhance the Fish and Wildlife Service survival of endangered or threatened Applications Available for Review and [FWS–R3–ES–2017–N100; species. Federal law prohibits certain Comment FXES11130300000–178–FF03E00000] activities with endangered species unless a permit is obtained. We invite local, State, Tribal, and Federal agencies and the public to Endangered and Threatened Wildlife Background and Plants; Permit Applications comment on the following applications. The Endangered Species Act of 1973, Please refer to the permit number when AGENCY: Fish and Wildlife Service, as amended (16 U.S.C. 1531 et seq.; you submit comments. Documents and Interior. ESA), prohibits certain activities with other information the applicants have ACTION: Notice of availability; request endangered and threatened species submitted with the applications are for comments. unless the activities are specifically available for review, subject to the authorized by a Federal permit. The requirements of the Privacy Act (5 SUMMARY: We, the U.S. Fish and ESA and our implementing regulations U.S.C. 552a) and Freedom of Wildlife Service, invite the public to in part 17 of title 50 of the Code of Information Act (5 U.S.C. 552). comment on the following applications Federal Regulations (CFR) provide for for a permit to conduct activities the issuance of such permits and require Permit Applications intended to enhance the survival of that we invite public comment before endangered or threatened species. issuing permits for activities involving Proposed activities in the following Federal law prohibits certain activities endangered species. permit requests are for the recovery and with endangered species unless a permit A permit granted by us under section enhancement of survival of the species is obtained. 10(a)(1)(A) of the ESA authorizes the in the wild.
Permit Application No. Applicant Species Location Activity Type of take action
TE36875C ...... Gregory Gerke, Car- Rusty patched bumble bee Indiana ...... Conduct presence/ ...... Capture, han- New. mel, IN. (Bombus affinis). absence surveys ...... dle, release. TE37601C ...... Emilie Snell-Rood, Rusty patched bumble bee Minnesota ...... Conduct presence/ ...... Capture, han- New. Saint Paul, MN. (Bombus affinis). absence surveys, doc- dle, release. ument habitat use. TE64070B ...... SWCA Inc., Bismarck, Rusty patched bumble bee Illinois, Indi- Conduct presence/ ...... Capture, han- Amend, ND. (Bombus affinis), Dakota ana, Iowa,. absence surveys ...... dle, release. renew. skipper (Hesperia Maine, Massa- dacotae), poweshiek chusetts, skipperling (Oarisma Minnesota,. poweshiek). Ohio, Virginia, Wisconsin. TE40247C ...... Minnesota Department Rusty patched bumble bee Minnesota ...... Conduct presence/ ...... Capture, han- New. of Natural Re- (Bombus affinis). absence surveys ...... dle, release. sources, Saint Paul, MN. TE41469C ...... G.E.I. Consultants, Kirtland’s warbler (Setophaga Wisconsin ...... Conduct presence/ ...... Harass, use New. Inc., Green Bay, WI. kirtlandii). absence surveys ...... bird call re- cordings.
Public Availability of Comments normal business hours at the address be made publicly available at any time. listed in ADDRESSES. While you can ask us in your comment We seek public review and comments on these permit applications. Please Before including your address, phone to withhold your personal identifying refer to the permit number when you number, email address, or other information from public review, we submit comments. Comments and personal identifying information in your cannot guarantee that we will be able to materials we receive in response to this comment, you should be aware that do so. notice are available for public your entire comment—including your inspection, by appointment, during personal identifying information—may
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Authority timeline for future meetings and actions DEPARTMENT OF THE INTERIOR We provide this notice under section to be taken in order to achieve Office of the Secretary 10 of the ESA (16 U.S.C. 1531 et seq.). Committee goals; and finalize subcommittee tasks and membership. Dated: June 29, 2017. The final agenda and meeting materials [XXXD5198NI DS61100000 Sean O. Marsan, will be posted on the Committee Web DNINR0000.000000 DX61104] Acting Assistant Regional Director, Ecological site at www.doi.gov/rpc. All Committee Services, Midwest Region. meetings are open to the public. Exxon Valdez Oil Spill Public Advisory Committee; Public Meeting [FR Doc. 2017–18568 Filed 8–31–17; 8:45 am] Whenever possible, we encourage BILLING CODE 4333–15–P those participating by telephone to AGENCY: Office of the Secretary, Interior. gather in conference rooms in order to ACTION: Notice. DEPARTMENT OF THE INTERIOR share teleconference lines. Please plan to dial into the meeting and/or log into SUMMARY: The Department of the Office of the Secretary WebEx at least 10–15 minutes prior to the scheduled start time in order to Interior, Office of the Secretary is [Docket No. ONRR–2012–0003, DS63600000 avoid possible technical difficulties. We announcing a public meeting of the DR2000000.PMN000 178D0102R2] will accommodate individuals with Exxon Valdez Oil Spill (EVOS) Trustee Council’s Public Advisory Committee. Royalty Policy Committee; Public special needs whenever possible. If you Meeting require special assistance (such as an DATES: September 28, 2017, at 10 a.m. interpreter for the hearing impaired), ADDRESSES: Glenn Olds Hall Conference AGENCY: Office of Natural Resources please notify Interior staff in advance of Room, 4210 University Drive, Revenue, Interior. the meeting at 202–513–0370 or email to Anchorage, Alaska. ACTION: Notice. [email protected]. FOR FURTHER INFORMATION CONTACT: Dr. We will post the minutes from these SUMMARY: This notice announces the Philip Johnson, Department of the proceedings on the Committee Web site first meeting of the Royalty Policy Interior, Office of Environmental Policy at www.doi.gov/rpc and they will also Committee (Committee). This meeting is and Compliance, 1689 ‘‘C’’ Street, Suite be available for public inspection and open to the public. 119, Anchorage, Alaska, (907) 271– copying at our office at the Stewart Lee 5011. DATES: The Committee meeting will be Udall Department of the Interior held on Wednesday, October 4, 2017, in Building in Washington, DC, by SUPPLEMENTARY INFORMATION: The EVOS Washington, DC, from 9:00 a.m. to 4:00 contacting Interior staff via email to Public Advisory Committee was created p.m. Eastern Time. [email protected] or via telephone at 202– by Paragraph V.A.4 of the Memorandum ADDRESSES: The Committee meeting 513–0370. of Agreement and Consent Decree will be held in the South Penthouse of Members of the public may choose to entered into by the United States of the Stewart Lee Udall Department of the make a public comment during the America and the State of Alaska on Interior Building located at 1849 C designated time for public comments. August 27, 1991, and approved by the Street NW., Washington, DC 20240. Members of the public may also choose United States District Court for the Members of the public may attend in to submit written comments by mailing District of Alaska in settlement of person or view documents and them to the Office of Natural Resources United States of America v. State of presentations under discussion via Revenue, Attention: RPC, 1849 C Street Alaska, Civil Action No. A91–081 CV. WebEx at http://bit.ly/1cR9W6t and NW., MS 5134, Washington DC 20240. The EVOS Public Advisory Committee listen to the proceedings at telephone You also can email your written meeting agenda will include review of number 1–888–455–2910 or comments for Kim Oliver to rpc@ the FY18 Work Plan of EVOS Trustee International Toll number 210–839– Council Restoration, Research, and 8953 (passcode: 7741096). ios.doi.gov. Comments that you submit in response to this notice are a matter Monitoring Projects; FY18 EVOS FOR FURTHER INFORMATION CONTACT: Ms. of public record. Trustee Council Annual Budget; and Kim Oliver, Office of Natural Resources Habitat matters, as applicable. An Revenue at (202) 513–0370 or email to Public Disclosure Of Comments: opportunity for public comments will [email protected]. Before including your address, phone be provided. The final agenda and number, email address, or other SUPPLEMENTARY INFORMATION: The U.S. materials for the meeting will be posted personal identifying information in your Department of the Interior established on the EVOS Trustee Council Web site comment, you should be aware that the Committee on April 21, 2017, under at www.evostc.state.ak.us. All EVOS your entire comment—including your the authority of the Secretary of the Public Advisory Committee meetings personal identifying information—may Interior and regulated by the Federal are open to the public. Advisory Committee Act. The purpose be made publicly available at any time. Public disclosure of comments: Before of the Committee is to ensure that the While you may ask us in your comment including your address, phone number, public receives the full value of the to withhold your personal identifying email address, or other personal natural resources produced from information from public review, we identifying information in your Federal lands. The duties of the cannot guarantee that we will be able to comment, please be aware that your Committee are solely advisory in nature. do so. entire comment—including your More information about the Committee, Authority: 5 U.S.C. Appendix 2. personal identifying information—may including its charter, is available at Dated: August 28, 2017. be made publicly available at any time. www.doi.gov/rpc. While you may ask us in your comment Meeting Agenda: At the October 4, Vincent DeVito, to withhold your personal identifying 2017 meeting, the Committee may Counselor to the Secretary for Energy Policy. information from public review, we discuss and agree on first-year priority [FR Doc. 2017–18635 Filed 8–31–17; 8:45 am] cannot guarantee that we will be able to issues and establish goals; adopt a BILLING CODE 4310–P do so.
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Authority: 5 U.S.C. Appendix 2. Federal Relay Service (FRS) at 1–800– and is announcing the beginning of the Michaela Noble, 877–8339 to contact the above public comment period to solicit public individual during normal business comments on the Draft EIS. Newmont Director, Office of Environmental Policy and Compliance. hours. The FRS is available 24 hours a USA Limited (Newmont) is proposing to day, 7 days a week, to leave a message expand its existing Phoenix Mine, [FR Doc. 2017–18526 Filed 8–31–17; 8:45 am] or question with the above individual. which is located approximately 12 miles BILLING CODE 4334–63–P You will receive a reply during normal southwest of the Town of Battle business hours. Mountain in Lander County, Nevada. DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Bridger The Greater Phoenix Project (Project) Coal Company has applied to the BLM includes expanding the life of the Bureau of Land Management for a coal exploration license on public Phoenix mine from 2040 to 2063; land to the northwest of the Jim Bridger expanding the boundary of the mine by [LLWY922000–L13200000–EL0000–17X, 10,611 acres from 8,228 acres to 18,839 WYW185631] power plant and underground coal mine. The purpose of the exploration acres; and increasing surface Notice of Invitation To Participate; Coal program is to obtain structural and disturbance by 3,497 acres, from 8,374 Exploration License Application quality information on the coal. The to 11,871 acres, of which 5,896 acres WYW185631, Wyoming BLM regulations at 43 CFR 3410.2 involve public lands and 5,975 acres are require the publication of an invitation private land. AGENCY: Bureau of Land Management, to participate in the coal exploration in DATES: To ensure comments will be Interior. the Federal Register. The Federal coal considered, the BLM must receive ACTION: Notice. resources included in the exploration written comments on the Draft EIS license application are located in the within 45 days following the date the SUMMARY: Pursuant to the Mineral following described lands in Wyoming: Environmental Protection Agency Leasing Act of 1920, as amended by the publishes its Notice of Availability in Federal Coal Leasing Amendments Act Sixth Principal Meridian, Wyoming the Federal Register. The date(s) and of 1976, and the Bureau of Land T. 21 N., R. 101 W., location(s) of any public meetings or Management (BLM) regulations, all sec. 4; other public involvement activities will interested parties are hereby invited to sec. 8, NE1/4, E1/2NW1/4. be announced at least 15 days in participate with Bridger Coal Company T. 22 N., R. 101 W., advance through public notices, media on a pro rata cost-sharing basis, in its sec. 28, lots 5 thru 7, 10 thru 14, and NW1/ releases, local media, newspapers, program for the exploration of coal 4SE1/4; mailings, and the BLM Web site at: deposits owned by the United States of sec. 32, lots 1, 2, 7 thru 10, 14, and 15. goo.gl/JwgwXA. America in Sweetwater County, The area described contains 1,560.85 acres. Wyoming. ADDRESSES: You may submit comments The proposed exploration program is related to the Project by any of the DATES: This notice of invitation will be fully described and will be conducted following methods: published in the Rock Springs Rocket- pursuant to an exploration plan to be • Web site: goo.gl/JwgwXA. Miner once each week for two approved by the BLM. • Email: blm_nv_bmdo_ consecutive weeks beginning the week Authority: 43 CFR 3410.2–1(c)(1). [email protected]. of September 1, 2017. Any party • Fax: 775–635–4034. electing to participate in this Mary Jo Rugwell, • Mail: BLM Mount Lewis Field exploration program must send written State Director. Office, 50 Bastian Road, Battle notice to both the BLM and Bridger Coal [FR Doc. 2017–18505 Filed 8–31–17; 8:45 am] Mountain, NV 89820. Company, as provided in the ADDRESSES BILLING CODE 4310–22–P Documents pertinent to this proposal section below, no later than October 2, may be examined at the Mount Lewis 2017. Field Office. ADDRESSES: Copies of the exploration DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: plan are available for review during Christine Gabriel, Project Manager; normal business hours in the following Bureau of Land Management telephone: 775–635–4000; address: 50 offices (serialized under number [LLNVB00000.L51100000GN0000LVEMF Bastian Road, Battle Mountain, Nevada WYW185631): BLM, Wyoming State 1604460.211B.16XMO#4500106342] 89820; or email: blm_nv_bmdo_ Office, 5353 Yellowstone Road, [email protected]. Cheyenne, Wyoming 82009; and, BLM, Notice of Availability of the Draft Contact Christine Gabriel to have your Rock Springs Field Office, 280 Highway Environmental Impact Statement for name added to BLM’s mailing list. 191 North, Rock Springs, Wyoming the Proposed Greater Phoenix Project, Persons who use a telecommunications 82901. The written notice should be Lander County, NV device for the deaf (TDD) may call the sent to the following addresses: Bridger AGENCY: Bureau of Land Management, Federal Relay Service (FRS) at 1–800– Coal Company, c/o Interwest Mining Interior. 877–8339 to contact the above Co., Attn: Scott M. Child, 1407 W. North individual during normal business ACTION: Notice. Temple, #310, Salt Lake City, UT 84116 hours. The FRS is available 24 hours a and the BLM Wyoming State Office, SUMMARY: In compliance with the day, 7 days a week, to leave a message Branch of Solid Minerals, Attn: Jackie National Environmental Policy Act of or question with the above individual. Madson, P.O. Box 1828, Cheyenne, 1969, as amended (NEPA), and the You will receive a reply during normal Wyoming 82003. Federal Land Policy and Management business hours. FOR FURTHER INFORMATION CONTACT: Act of 1976, as amended (FLPMA), the SUPPLEMENTARY INFORMATION: Newmont Jackie Madson, Land Law Examiner, at Bureau of Land Management (BLM) is proposing to expand its existing 307–775–6258 or [email protected]. Mount Lewis Field Office, Battle operations in the Phoenix Mine area, Persons who use a telecommunications Mountain, Nevada, has prepared a Draft located approximately 12 miles device for the deaf (TDD) may call the Environmental Impact Statement (EIS) southwest of the Town of Battle
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Mountain in Lander County, Nevada. the management of pit water through within the area potentially affected by The existing authorized Phoenix Mine is treatment to meet applicable water the Proposed Project has assisted the a gold and copper mining and quality standards and subsequently put BLM in identifying and evaluating beneficiation operation. Mill-grade to beneficial use in perpetuity); and impacts to such resources in the context oxide gold ore is beneficiated to gold realignment of Buffalo Valley Road, as of both NEPA and the NHPA. concentrate at the Phoenix Mill facility, well as realignment of a service power The BLM has consulted and continues which also produces small amounts of line, fiber optic line, and natural gas to consult with Indian tribes on a copper and silver concentrates as trace pipeline. Under the Proposed Project, government-to-government basis in elements. Mill tailings are deposited in four existing rights-of-way would accordance with Executive Order 13175 a tailings storage facility. Copper- require amendments to existing FLPMA and other policies. Tribal concerns, containing ore is beneficiated using grants. including impacts to Indian trust assets heap leaching followed by solvent The Draft EIS, through scoping, has and potential impacts to cultural extraction and electrowinning of copper identified and analyzed impacts to the resources have been analyzed in the from the leach solution. Current following resource areas: Water Draft EIS. Federal, State, and local authorized facilities in the Phoenix resources (including surface water, agencies, along with tribes and other Mine area include the following: Post- groundwater, and geochemistry); air stakeholders that may be interested in or reclamation pit highwalls; pit backfills; quality; vegetation resources (including affected by the Proposed Project, are ore stockpiles; Waste Rock Facilities noxious weed species and special status invited to participate in the comment (WRFs); a Tailings Storage Facility species); wildlife (including migratory process. (TSF); growth media stockpiles; borrow birds and special status species-Greater Before including your address, phone areas; Heap Leach Facilities (HLF); sage-grouse); livestock grazing number, email address, or other evaporation and surge ponds; utility and management; land use and access; personal identifying information in your haul roads; ancillary facilities; utility visual resources; cultural resources; comment, you should be aware that corridors; and other facilities. Native American cultural concerns; your entire comment—including your Newmont is proposing to expand the geological resources (including minerals personal identifying information—may mine—called the Greater Phoenix and soils); paleontological resources; be made publicly available at any time. Project—by amending its current recreation; social and economic values; While you can ask us in your comment Phoenix Mine Plan of Operations. hazardous materials; wetland and to withhold your personal identifying Within the expanded area, surface riparian zones. Not including existing information from public review, we disturbance would increase by 3,497 disturbance, the Proposed Action would cannot guarantee that we will be able to acres, from 8,374 to 11,871 acres, which impact Greater sage-grouse (GSG) do so. includes 5,896 acres located on public habitat including 200.1 acres in Priority Authority: 40 CFR 1501.7. lands administered by the BLM Mount Habitat Management Area; 1,900.1 acres Lewis Field Office. If the BLM approves in General Habitat Management Area; Jon D. Sherve, an amendment to the authorized Plan of 1,684.5 acres in Other Habitat Field Manager, Mount Lewis Field Office. Operations with its existing permits, Management Area; and 10,165.5 acres in [FR Doc. 2017–18696 Filed 8–31–17; 8:45 am] mining activities at the Phoenix Mine Non-Habitat Area. Approximately half BILLING CODE 4310–HC–P would be extended approximately 24 of the GSG habitat disturbance would be years. Active closure and reclamation on private land. activities are anticipated to extend The Draft EIS describes and analyzes DEPARTMENT OF THE INTERIOR approximately 13 years beyond the the Proposed Project’s direct, indirect, operational phase. Additionally, more and cumulative impacts on all affected National Park Service than 600 years of post-closure resources. In addition to the Proposed [NPS–WASO–NRNHL–23947; monitoring would follow final Project, three alternatives were PPWOCRADI0, PCU00RP14.R50000] reclamation. analyzed, including the Enhanced/ The specific details of the Proposed Mechanical Evaporation Cell National Register of Historic Places; Project include the following: Extension Alternative, Treat Water for Agricultural Notification of Pending Nominations of mine life from 2040 to 2063; Cropping on Private Land Alternative, and Related Actions expansion of the Plan of Operations and the No Action Alternative. boundary by 10,611 acres, from 8,228 On September 29, 2015, a Notice of AGENCY: National Park Service, Interior. acres to 18,839 acres, of which 10,132 Intent was published in the Federal ACTION: Notice. acres are BLM-managed public lands; Register (80 FR 58501) inviting scoping SUMMARY: The National Park Service is expansion of the Phoenix Pit area comments on the Proposed Action. The soliciting comments on the significance through consolidation of existing pit BLM held a public scoping meeting in of properties nominated before July 29, areas and by increasing the depth of the Battle Mountain on October 14, 2015. 2017, for listing or related actions in the pit by 380 feet, from 4,990 feet above The BLM received a total of seven National Register of Historic Places. mean sea level (amsl) to a lower depth scoping comment letters during the of 4,610 feet amsl; expansion of the scoping period. Concerns raised DATES: Comments should be submitted Natomas Waste Rock Facility by 347 included impacts to water resources, air by September 18, 2017. acres, from 997 acres to 1,344 acres; quality, wildlife, and recreation. ADDRESSES: Comments may be sent via expansion of the Phoenix TSF by 1,801 The BLM has utilized and U.S. Postal Service and all other carriers acres, from 1,396 acres to 3,197 acres; coordinated the NEPA scoping and to the National Register of Historic expansion of the Phoenix HLC by 79 comment process to help fulfill the Places, National Park Service, 1849 C St. acres, from 536 acres to 615 acres; public involvement requirements under NW., MS 7228, Washington, DC 20240. expansion of the clay soil borrow area the National Historic Preservation Act SUPPLEMENTARY INFORMATION: The by 819 acres, from 469 acres to 1,288 (NHPA) (54 U.S.C. 306108) as provided properties listed in this notice are being acres; development of an additional soil in 36 CFR 800.2(d)(3), and the agency considered for listing or related actions borrow area (483 acres); modification of continues to do so. The information in the National Register of Historic the mine closure approach (including about historical and cultural resources Places. Nominations for their
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consideration were received by the OHIO DEPARTMENT OF THE INTERIOR National Park Service before July, 29, Marion County 2017. Pursuant to section 60.13 of 36 National Park Service CFR part 60, written comments are Marion Catholic School, 1001 & 1047 Mount Vernon Ave. & 590 Forest Lawn Dr., [NPS–WASO–NRNHL–23993; being accepted concerning the PPWOCRADI0, PCU00RP14.R50000] significance of the nominated properties Marion, SG100001587 under the National Register criteria for Stark County National Register of Historic Places; Notification of Pending Nominations evaluation. East Main Street Historic District, 49–629 E. and Related Actions Before including your address, phone Main St., 40 N. Park, 77 S. Park, 532–570, number, email address, or other 157 Prospect, AGENCY: National Park Service, Interior. personal identifying information in your 40 N.–136 S. Arch, 40 S., Linden Aves., ACTION: Notice. comment, you should be aware that Alliance, SG100001588 SUMMARY: The National Park Service is your entire comment—including your OKLAHOMA personal identifying information—may soliciting comments on the significance be made publicly available at any time. Garfield County of properties nominated before August While you can ask us in your comment Babe’s Package Store, 220 S. 3rd., Enid, 5, 2017, for listing or related actions in to withhold your personal identifying SG100001589 the National Register of Historic Places. information from public review, we Briggs, Eugene S., Auditorium, 2450 E. DATES: Comments should be submitted cannot guarantee that we will be able to Maine, Enid, SG100001590 by September 18, 2017. do so. Security National Bank, 201 W. Broadway, ADDRESSES: Comments may be sent via Nominations submitted by State Enid, SG100001591 U.S. Postal Service and all other carriers to the National Register of Historic Historic Preservation Officers: Garvin County Places, National Park Service, 1849 C St. DISTRICT OF COLUMBIA Beaty School, Cty. Rd. 3210 at Royal Oaks NW., MS 7228, Washington, DC 20240. Rd., Pauls Valley vicinity, SG100001592 District of Columbia SUPPLEMENTARY INFORMATION: The Jackson County properties listed in this notice are being Chesapeake and Potomac Telephone considered for listing or related actions New Orient Hotel, 101–111 E. Commerce St., Company, Cleveland-Emerson Exchange in the National Register of Historic Altus, SG100001593 (Telecommunications Resources of Places. Nominations for their Washington DC MPS), 4268 Wisconsin Pittsburg County consideration were received by the Ave. NW., Washington, MP100001578 Saints Cyril and Methodius Russian National Park Service before August 5, Spasowski, Ambassador Romuald, House, 2017. Pursuant to section 60.13 of 36 3101 Albemarle St. NW., Washington, Orthodox Greek Catholic Church, 501 S. 3rd St., Hartshorne, SG100001594 CFR part 60, written comments are SG100001579 being accepted concerning the IOWA Tulsa County significance of the nominated properties Church Studio, The, 304 S. Trenton Ave., under the National Register criteria for Johnson County Tulsa, SG100001595 evaluation. Johnson County Savings Bank, 102 S. Clinton Before including your address, phone St., Iowa City, SG100001580 WASHINGTON number, email address, or other MARYLAND Jefferson County personal identifying information in your Lincoln School, 450 Fir St., Port Townsend, comment, you should be aware that Prince George’s County SG100001596 your entire comment—including your Marenka House, 7300 Radcliffe Dr., College personal identifying information—may Park, SG100001581 Snohomish County be made publicly available at any time. Bush House, 308 5th St., Index, While you can ask us in your comment MASSACHUSETTS SG100001597 to withhold your personal identifying Suffolk County information from public review, we WISCONSIN Columbia Road—Bellevue Street Historic cannot guarantee that we will be able to District, 400–500 blk. of Columbia Rd., Milwaukee County do so. portions of Bellevue St., Boston, Kopperud Park Residential Historic District, Nominations submitted by State SG100001582 837–871 S. 76th (odd only), 824–862 S. Historic Preservation Officers: 77th (even only) & 7624 W. Walker Sts., CALIFORNIA NEW YORK West Allis, SG100001598 Alameda County Erie County Nunn-Bush Shoe Company Factory, 2821 N. 4th St., Milwaukee, SG100001599 Brooklyn Presbyterian Church, 1433 12th Baptist Church of Springville, The (Boundary Ave., Oakland, SG100001600 Increase), 37 N. Buffalo St., Springville, Authority: 60.13 of 36 CFR part 60. BC100001583 El Dorado County Dated: August 3, 2017. Linde Air Products Factory (Black Rock Georgetown Civil War Armory, 6259 Main Planning Neighborhood MPS), 155 Christopher Hetzel, St., Georgetown, SG100001601 Chandler St., Buffalo, MP100001584 Acting Chief, National Register of Historic Los Angeles County Places/National Historic Landmarks Program. Genesee County Great Wall of Los Angeles, The (Latinos in [FR Doc. 2017–18525 Filed 8–31–17; 8:45 am] 20th Century California MPS), Section of Newberry Building, 109–111 Main St., BILLING CODE 4312–52–P Tujunga Flood Control Channel bounded Batavia, SG100001585 by Oxnard St., Coldwater Canyon & Greene County Burbank Blvds. & Coldwater Canyon Rd., Los Angeles, MP100001602 Oak Hill Historic District, NY 81, Oak Hill Maxfield Building, 819 S. Santee St., Los Rd., Giles Ln., Oak Hill, SG100001586 Angeles, SG100001603
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Marin County Onondaga County Mathews County Marin City Public Housing, 101–429 Drake Sagamore Apartment House, 664–666 W. Mathews Downtown Historic District, Ave., 1–99 Cole Dr., Marin City, Onondaga St., Syracuse, SG100001625 Address Restricted, Mathews Court House SG100001604 vicinity, SG100001642 Orange County Orange County Hewes, David, House, 350 S. Richmond Independent City B St., Tustin, SG100001605 Gumaer Cemetery, Neversink Preserve, Guymard Tpk. vicinity, Godeffroy vicinity, Fulton, Robert, School (Public Schools of INDIANA SG100001626 Richmond MPS), 1000–1012 Carlisle Ave., Richmond (Independent City), La Porte County NORTH CAROLINA MP100001643 Wynkoop—Taylor—Swanson—Sharp North Thompson Street Historic District, N. Farmstead, 3463 N. IN 39, La Porte Alamance County Thompson St. between Broad St. and vicinity, SG100001607 Granite Mill, 114, 116, 122, 180, 218, 222, Monument Ave., Richmond (Independent 224 & 226 E. Main St., Haw River, City), SG100001644 Marion County SG100001627 Carson, Julia M., House, 2530 N. Park Ave., Virginia Beach Independent City Indianapolis, SG100001608 Avery County Oceana Neighborhood Historic District, Banner Elk School, 185 Azalea Cir., Banner Indiana, Louisa, Michigan, New York, & Marshall County Elk, SG100001628 Ohio Aves., Middle, Roselynn & West Lns., Argos Northside Historic District, N. Oceana, Southern & Virginia Beach Blvd., Michigan St. between Smith & N. of North Caldwell County Virginia Beach (Independent City), Sts. & Maple St. between Church & Poplar Bernhardt, J.M., Planing Mill and Box SG100001645 Sts., Argos, SG100001613 Factory—Steele Cotton Mill, 1201 Steele A request for removal has been made St., Lenoir, SG100001629 St. Joseph County for the following resource(s): Lenoir Cotton Mill—Blue Bell Inc. Plant, Mishawaka Fire Station No. 4, 2319 1241 College Ave., Lenoir, SG100001630 INDIANA Lincolnway E., Mishawaka, SG100001614 Forsyth County Marion County Steuben County Reynolds, R.J., Tobacco Company Buildings Cotton-Ropkey House, 6360 W. 79th St., Cline, Cyrus and Jennie, House, 313 E. 2–1 and 2–2, 951 Reynolds Blvd., Winston- Indianapolis, OT84001086 Maumee St., Angola, SG100001615 Salem, SG100001631 Additional documentation has been Vigo County Mecklenburg County received for the following resources:, Saint Mary-of-the-Woods Historic District, Highland Park Mill No. 1, 340 E. 16th St., INDIANA Roughly bounded by St. Mary’s Rd., 1840 Charlotte, SG100001632 Way St., Grove & Orchard Lns., Woods Marion County Way, &, College Rd. 2, Terre Haute vicinity, Orange County SG100001616 Old Pathology Building, 3000 W. Washington Nash, Arthur C. and Mary S.A., House, 124 St. (Central State Hospital), Indianapolis, MASSACHUSETTS S. Boundary St., Chapel Hill, SG100001633 AD72000011 Cole, Joseph J., Jr., House, 4909 N. Meridian Franklin County Wake County St., Indianapolis, AD97000599 Riverside Village Historic District, 0–77 Depot Historic District (Boundary Increase), French King Hwy., 0–61 Riverview Dr., 1– 302–310 S. West St., Raleigh, BC100001634 MINNESOTA 9 Grove, 2–9 Myrtle, 8 Meadow, 2–23 Oak, PENNSYLVANIA Sibley County 1–4 Pine & 3–32 Walnut Sts., Gill, Gibbon Village Hall, 1st Ave. and 12th St., SG100001617 Chester County Gibbon, AD82003036 NEVADA Twin Bridges Rural Historic District, Roughly bounded by Creek & Bullock Rds., Beverly SOUTH DAKOTA Douglas County Farm, Big Bend & Hill Girt Farms, Estates, Pennington County Lampe, Wilhelm and William, Ranch Brandywine Cr., Pennsbury Township, SG100001635 Rapid City West Boulevard Historic District, (Agriculture on the Carson River in Bordered by Kansas City, Fairview, 11th, Nevada’s Douglas and Ormsby Counties Luzerne County 7th, and 8th Sts., Rapid City, AD74001898 MPS), 1335 Centerville Ln., Gardnerville, MP100001620 Memorial Presbyterian Church, Address VIRGINIA Restricted, Wilkes-Barre vicinity, NEW HAMPSHIRE SG100001636 Alexandria Independent City Rockingham County Alexandria Historic District, Prince & St. UTAH Asaph Sts., Alexandria (Independent City), Emery Farm, 16 Emery Ln., Stratham, Duchesne County AD66000928 SG100001621 Myton Presbyterian Church, 225 E 100 S, Nominations submitted by Federal NEW YORK Myton, SG100001638 Preservation Officers: The State Historic Preservation Chemung County VIRGINIA Officer reviewed the following St. Matthew’s Episcopal Church, 408 S. Main Bristol Independent City St., Horseheads, SG100001622 nomination and responded to, the Bristol Commercial Historic District Federal Preservation Officer within 45 Columbia County (Boundary Increase), 40–115 Piedmont days of receipt of the nomination and Crandell Theatre, 46–48 Main St., Chatham, Ave., Bristol (Independent City), supports, listing the property in the SG100001623 BC100001640 National Register of Historic Places. Herkimer County Charlottesville Independent City COLORADO Stillwater Mountain Fire Observation Station West Main Street Historic District, Parts of (Fire Observation Stations of New York W. Main St., 6th, 4th & 8 Sts. NW. & Ridge Boulder County State Forest Preserve MPS), 1 mi. off Big St., Charlottesville (Independent City), Longhurst Lodge, CO 7 & Cty. Rd. 82, Moose Rd., Webb, MP100001624 SG100001641 Allenspark, SG100001606
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Authority: 60.13 of 36 CFR part 60. whether revocation of the antidumping the adequacy of interested party Dated: August 11, 2017. duty order on pure magnesium in responses to this notice of institution to J. Paul Loether, granular form from China would be determine whether to conduct a full likely to lead to continuation or review or an expedited review. The Chief, National Register of Historic Places/ National Historic Landmarks Program recurrence of material injury. Pursuant Commission’s determination in any Keeper, National Register of Historic Places. to the Act, interested parties are expedited review will be based on the [FR Doc. 2017–18524 Filed 8–31–17; 8:45 am] requested to respond to this notice by facts available, which may include submitting the information specified information provided in response to this BILLING CODE 4312–52–P below to the Commission. notice. DATES: Date of institution is September Definitions.—The following 1, 2017. To be assured of consideration, definitions apply to this review: INTERNATIONAL TRADE (1) Subject Merchandise is the class or COMMISSION the deadline for responses is October 2, 2017. Comments on the adequacy of kind of merchandise that is within the [USITC SE–17–038] responses may be filed with the scope of the five-year review, as defined Commission by November 13, 2017. by Commerce. Government in the Sunshine Act (2) The Subject Country in this review FOR FURTHER INFORMATION CONTACT: Meeting Notice is China. Mary Messer (202–205–3193) Office of (3) The Domestic Like Product is the AGENCY HOLDING THE MEETING: United Investigations, U.S. International Trade domestically produced product or States International Trade Commission. Commission, 500 E Street SW., products which are like, or in the Washington, DC 20436. Hearing- TIME AND DATE: September 7, 2017 at absence of like, most similar in impaired persons can obtain 9:30 a.m. characteristics and uses with, the information on this matter by contacting PLACE: Room 101, 500 E Street SW., Subject Merchandise. In its original the Commission’s TDD terminal on 202– determination, the Commission defined Washington, DC 20436, Telephone: 205–1810. Persons with mobility (202) 205–2000. one Domestic Like Product—pure impairments who will need special magnesium that included both granular STATUS: Open to the public. assistance in gaining access to the magnesium and magnesium ingot. Two MATTERS TO BE CONSIDERED: Commission should contact the Office Commissioners defined the Domestic 1. Agendas for future meetings: None. of the Secretary at 202–205–2000. Like Product differently in the original 2. Minutes. General information concerning the determination. They found two 3. Ratification List. Commission may also be obtained by Domestic Like Products corresponding 4. Vote in Inv. No. 731–TA–539–C accessing its internet server (https:// to granular pure magnesium and pure (Fourth Review) (Uranium from Russia). www.usitc.gov). The public record for magnesium ingot. In its expedited first The Commission is currently scheduled this proceeding may be viewed on the and second five-year review to complete and file its determination Commission’s electronic docket (EDIS) determinations, the Commission found and views of the Commission by at https://edis.usitc.gov. one Domestic Like Product to include September 20, 2017. SUPPLEMENTARY INFORMATION: primary and secondary pure and alloy 5. Outstanding action jackets: None. Background.—On November 19, 2001, magnesium whether in ingot or granular In accordance with Commission the Department of Commerce form. One Commissioner defined the policy, subject matter listed above, not (‘‘Commerce’’) issued an antidumping Domestic Like Product differently in the disposed of at the scheduled meeting, duty order on imports of pure expedited first five-year review, instead may be carried over to the agenda of the magnesium in granular form from China finding that pure magnesium and alloy following meeting. (66 FR 57936). Following the first five- magnesium (including secondary By order of the Commission. year reviews by Commerce and the magnesium) were separate Domestic Issued: August 29, 2017. Commission, effective March 26, 2007, Like Products. For purposes of William R. Bishop, Commerce issued a continuation of the responding to the items requested in antidumping duty order on imports of Supervisory Hearings and Information this notice, please provide information Officer. pure magnesium in granular form from according to one Domestic Like Product China (72 FR 14076). Following the [FR Doc. 2017–18689 Filed 8–30–17; 11:15 am] that includes primary and secondary second five-year reviews by Commerce pure and alloy magnesium whether in BILLING CODE 7020–02–P and the Commission, effective October ingot or granular form. 17, 2012, Commerce issued a (4) The Domestic Industry is the U.S. INTERNATIONAL TRADE continuation of the antidumping duty producers as a whole of the Domestic COMMISSION order on imports of pure magnesium in Like Product, or those producers whose granular form from China (77 FR 63787). collective output of the Domestic Like [Investigation No. 731–TA–895 (Third The Commission is now conducting a Product constitutes a major proportion Review)] third review pursuant to section 751(c) of the total domestic production of the of the Act, as amended (19 U.S.C. product. In its original determination, Pure Magnesium (Granular) From 1675(c)), to determine whether the Commission defined the Domestic China; Institution of a Five-Year revocation of the order would be likely Industry as producers of pure Review to lead to continuation or recurrence of magnesium, including grinding AGENCY: United States International material injury to the domestic industry operations. One Commissioner defined Trade Commission. within a reasonably foreseeable time. the Domestic Industry differently in the ACTION: Notice. Provisions concerning the conduct of original determination (i.e., not this proceeding may be found in the including grinders), and two SUMMARY: The Commission hereby gives Commission’s Rules of Practice and Commissioners defined two separate notice that it has instituted a review Procedure at 19 CFR parts 201, subparts Domestic Industries (i.e., domestic pursuant to the Tariff Act of 1930 (‘‘the A and B and 19 CFR part 207, subparts producers of granular pure magnesium Act’’), as amended, to determine A and F. The Commission will assess and domestic producers of pure
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magnesium ingot, including grinders). advised that a five-year review is not the Written submissions.—Pursuant to The Commission also found that same particular matter as the underlying section 207.61 of the Commission’s appropriate circumstances existed to original investigation, and a five-year rules, each interested party response to exclude ESM from the Domestic review is not the same particular matter this notice must provide the information Industry. In its expedited first and as an earlier review of the same specified below. The deadline for filing second five-year review determinations, underlying investigation for purposes of such responses is October 2, 2017. the Commission defined the Domestic 18 U.S.C. 207, the post-employment Pursuant to section 207.62(b) of the Industry as domestic producers of pure statute for Federal employees, and Commission’s rules, eligible parties (as and alloy magnesium, including Commission rule 201.15(b) (19 CFR specified in Commission rule primary and secondary magnesium, and 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 207.62(b)(1)) may also file comments magnesium in ingot and granular form. 73 FR 24609 (May 5, 2008). concerning the adequacy of responses to The Commission also included grinders Consequently, former employees are not the notice of institution and whether the in the Domestic Industry producing required to seek Commission approval Commission should conduct an magnesium in its first and second five- to appear in a review under Commission expedited or full review. The deadline year review determinations. One rule 19 CFR 201.15, even if the for filing such comments is November Commissioner defined the Domestic corresponding underlying original 13, 2017. All written submissions must Industry differently in the first five-year investigation or an earlier review of the conform with the provisions of section review, instead finding that grinders same underlying investigation was 201.8 of the Commission’s rules; any were not included in the Domestic pending when they were Commission submissions that contain BPI must also Industry. Another Commissioner employees. For further ethics advice on conform with the requirements of defined the Domestic Industry this matter, contact Charles Smith, sections 201.6, 207.3, and 207.7 of the differently in the first five-year review, Deputy Agency Ethics Official, at 202– Commission’s rules. The Commission’s instead finding that there was one 205–3408. Handbook on E-Filing, available on the Domestic Industry composed of the Limited disclosure of business Commission’s Web site at https:// domestic producers of pure magnesium proprietary information (BPI) under an www.usitc.gov/secretary/documents/ whether in ingot or granular form, administrative protective order (APO) handbook_on_filing_procedures.pdf, including grinders. For purposes of and APO service list.—Pursuant to elaborates upon the Commission’s rules responding to the items requested in section 207.7(a) of the Commission’s with respect to electronic filing. Also, in this notice, please provide information rules, the Secretary will make BPI accordance with sections 201.16(c) and according to one Domestic Industry that submitted in this proceeding available 207.3 of the Commission’s rules, each consists of all domestic producers, to authorized applicants under the APO document filed by a party to the including grinders, of pure and alloy issued in the proceeding, provided that proceeding must be served on all other magnesium, including primary and the application is made no later than 21 parties to the proceeding (as identified secondary magnesium, and magnesium days after publication of this notice in by either the public or APO service list in ingot and granular form. the Federal Register. Authorized as appropriate), and a certificate of (5) An Importer is any person or firm applicants must represent interested service must accompany the document engaged, either directly or through a parties, as defined in 19 U.S.C. 1677(9), (if you are not a party to the proceeding parent company or subsidiary, in who are parties to the proceeding. A you do not need to serve your response). importing the Subject Merchandise into separate service list will be maintained No response to this request for the United States from a foreign by the Secretary for those parties information is required if a currently manufacturer or through its selling authorized to receive BPI under the valid Office of Management and Budget agent. APO. (‘‘OMB’’) number is not displayed; the Participation in the proceeding and Certification.—Pursuant to section OMB number is 3117 0016/USITC No. public service list.—Persons, including 207.3 of the Commission’s rules, any 17–5–395, expiration date June 30, industrial users of the Subject person submitting information to the 2020. Public reporting burden for the Merchandise and, if the merchandise is Commission in connection with this request is estimated to average 15 hours sold at the retail level, representative proceeding must certify that the per response. Please send comments consumer organizations, wishing to information is accurate and complete to regarding the accuracy of this burden participate in the proceeding as parties the best of the submitter’s knowledge. In estimate to the Office of Investigations, must file an entry of appearance with making the certification, the submitter U.S. International Trade Commission, the Secretary to the Commission, as will acknowledge that information 500 E Street SW., Washington, DC provided in section 201.11(b)(4) of the submitted in response to this request for 20436. Commission’s rules, no later than 21 information and throughout this Inability to provide requested days after publication of this notice in proceeding or other proceeding may be information.—Pursuant to section the Federal Register. The Secretary will disclosed to and used: (i) By the 207.61(c) of the Commission’s rules, any maintain a public service list containing Commission, its employees and Offices, interested party that cannot furnish the the names and addresses of all persons, and contract personnel (a) for information requested by this notice in or their representatives, who are parties developing or maintaining the records the requested form and manner shall to the proceeding. of this or a related proceeding, or (b) in notify the Commission at the earliest Former Commission employees who internal investigations, audits, reviews, possible time, provide a full explanation are seeking to appear in Commission and evaluations relating to the of why it cannot provide the requested five-year reviews are advised that they programs, personnel, and operations of information, and indicate alternative may appear in a review even if they the Commission including under 5 forms in which it can provide participated personally and U.S.C. Appendix 3; or (ii) by U.S. equivalent information. If an interested substantially in the corresponding government employees and contract party does not provide this notification underlying original investigation or an personnel, solely for cybersecurity (or the Commission finds the earlier review of the same underlying purposes. All contract personnel will explanation provided in the notification investigation. The Commission’s sign appropriate nondisclosure inadequate) and fails to provide a designated agency ethics official has agreements. complete response to this notice, the
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Commission may take an adverse number, fax number, and Email address (a) The quantity and value (landed, inference against the party pursuant to of a responsible official at each firm). duty-paid but not including section 776(b) of the Act (19 U.S.C. (8) A list of known sources of antidumping duties) of U.S. imports 1677e(b)) in making its determination in information on national or regional and, if known, an estimate of the the review. prices for the Domestic Like Product or percentage of total U.S. imports of Information to be provided in the Subject Merchandise in the U.S. or Subject Merchandise from the Subject response to this notice of institution: As other markets. Country accounted for by your firm’s(s’) used below, the term ‘‘firm’’ includes (9) If you are a U.S. producer of the imports; any related firms. Domestic Like Product, provide the (b) the quantity and value (f.o.b. U.S. (1) The name and address of your firm following information on your firm’s port, including antidumping duties) of or entity (including World Wide Web operations on that product during U.S. commercial shipments of Subject address) and name, telephone number, calendar year 2016, except as noted Merchandise imported from the Subject fax number, and Email address of the (report quantity data in metric tons and Country; and certifying official. value data in U.S. dollars, f.o.b. plant). (c) the quantity and value (f.o.b. U.S. (2) A statement indicating whether If you are a union/worker group or port, including antidumping duties) of your firm/entity is an interested party trade/business association, provide the U.S. internal consumption/company under 19 U.S.C. 1677(9) and if so, how, information, on an aggregate basis, for transfers of Subject Merchandise including whether your firm/entity is a the firms in which your workers are imported from the Subject Country. (11) If you are a producer, an exporter, U.S. producer of the Domestic Like employed/which are members of your Product, a U.S. union or worker group, or a trade/business association of association. a U.S. importer of the Subject producers or exporters of the Subject (a) Production (quantity) and, if Merchandise, a foreign producer or Merchandise in the Subject Country, known, an estimate of the percentage of exporter of the Subject Merchandise, a provide the following information on total U.S. production of the Domestic U.S. or foreign trade or business your firm’s(s’) operations on that Like Product accounted for by your association (a majority of whose product during calendar year 2016 firm’s(s’) production; members are interested parties under (report quantity data in metric tons and (b) capacity (quantity) of your firm to the statute), or another interested party value data in U.S. dollars, landed and produce the Domestic Like Product (that (including an explanation). If you are a duty-paid at the U.S. port but not is, the level of production that your union/worker group or trade/business including antidumping duties). If you establishment(s) could reasonably have association, identify the firms in which are a trade/business association, provide expected to attain during the year, your workers are employed or which are the information, on an aggregate basis, assuming normal operating conditions members of your association. for the firms which are members of your (3) A statement indicating whether (using equipment and machinery in association. your firm/entity is willing to participate place and ready to operate), normal (a) Production (quantity) and, if in this proceeding by providing operating levels (hours per week/weeks known, an estimate of the percentage of information requested by the per year), time for downtime, total production of Subject Merchandise Commission. maintenance, repair, and cleanup, and a in the Subject Country accounted for by (4) A statement of the likely effects of typical or representative product mix); your firm’s(s’) production; the revocation of the antidumping duty (c) the quantity and value of U.S. (b) capacity (quantity) of your firm(s) order on the Domestic Industry in commercial shipments of the Domestic to produce the Subject Merchandise in general and/or your firm/entity Like Product produced in your U.S. the Subject Country (that is, the level of specifically. In your response, please plant(s); production that your establishment(s) discuss the various factors specified in (d) the quantity and value of U.S. could reasonably have expected to section 752(a) of the Act (19 U.S.C. internal consumption/company attain during the year, assuming normal 1675a(a)) including the likely volume of transfers of the Domestic Like Product operating conditions (using equipment subject imports, likely price effects of produced in your U.S. plant(s); and and machinery in place and ready to subject imports, and likely impact of (e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours imports of Subject Merchandise on the of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for Domestic Industry. (iv) selling, general and administrative downtime, maintenance, repair, and (5) A list of all known and currently (SG&A) expenses, and (v) operating cleanup, and a typical or representative operating U.S. producers of the income of the Domestic Like Product product mix); and Domestic Like Product. Identify any produced in your U.S. plant(s) (include (c) the quantity and value of your known related parties and the nature of both U.S. and export commercial sales, firm’s(s’) exports to the United States of the relationship as defined in section internal consumption, and company Subject Merchandise and, if known, an 771(4)(B) of the Act (19 U.S.C. transfers) for your most recently estimate of the percentage of total 1677(4)(B)). completed fiscal year (identify the date exports to the United States of Subject (6) A list of all known and currently on which your fiscal year ends). Merchandise from the Subject Country operating U.S. importers of the Subject (10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. Merchandise and producers of the trade/business association of U.S. (12) Identify significant changes, if Subject Merchandise in the Subject importers of the Subject Merchandise any, in the supply and demand Country that currently export or have from the Subject Country, provide the conditions or business cycle for the exported Subject Merchandise to the following information on your firm’s(s’) Domestic Like Product that have United States or other countries after operations on that product during occurred in the United States or in the 2011. calendar year 2016 (report quantity data market for the Subject Merchandise in (7) A list of 3–5 leading purchasers in in metric tons and value data in U.S. the Subject Country after 2011, and the U.S. market for the Domestic Like dollars). If you are a trade/business significant changes, if any, that are Product and the Subject Merchandise association, provide the information, on likely to occur within a reasonably (including street address, World Wide an aggregate basis, for the firms which foreseeable time. Supply conditions to Web address, and the name, telephone are members of your association. consider include technology;
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production methods; development responses may be filed with the absence of like, most similar in efforts; ability to increase production Commission by November 13, 2017. characteristics and uses with, the (including the shift of production FOR FURTHER INFORMATION CONTACT: Subject Merchandise. In its original facilities used for other products and the Mary Messer (202–205–3193), Office of determination and its first five-year use, cost, or availability of major inputs Investigations, U.S. International Trade review determination, the Commission into production); and factors related to Commission, 500 E Street SW., defined the Domestic Like Product as all the ability to shift supply among Washington, DC 20436. Hearing- certain polyester staple fiber, different national markets (including impaired persons can obtain coextensive with the scope of the barriers to importation in foreign information on this matter by contacting investigation. markets or changes in market demand the Commission’s TDD terminal on 202– (4) The Domestic Industry is the U.S. abroad). Demand conditions to consider 205–1810. Persons with mobility producers as a whole of the Domestic include end uses and applications; the impairments who will need special Like Product, or those producers whose existence and availability of substitute assistance in gaining access to the collective output of the Domestic Like products; and the level of competition Commission should contact the Office Product constitutes a major proportion among the Domestic Like Product of the Secretary at 202–205–2000. of the total domestic production of the produced in the United States, Subject General information concerning the product. In its original determination Merchandise produced in the Subject Commission may also be obtained by and its first five-year review Country, and such merchandise from accessing its internet server (https:// determination, the Commission defined other countries. www.usitc.gov). The public record for the Domestic Industry as all known (13) (OPTIONAL) A statement of this proceeding may be viewed on the domestic producers of certain polyester whether you agree with the above Commission’s electronic docket (EDIS) staple fiber. (5) An Importer is any person or firm definitions of the Domestic Like Product at https://edis.usitc.gov. and Domestic Industry; if you disagree engaged, either directly or through a SUPPLEMENTARY INFORMATION: parent company or subsidiary, in with either or both of these definitions, Background.—On June 1, 2007, the please explain why and provide importing the Subject Merchandise into Department of Commerce (‘‘Commerce’’) the United States from a foreign alternative definitions. issued an antidumping duty order on Authority: This proceeding is being manufacturer or through its selling imports of certain polyester staple fiber agent. conducted under authority of title VII of from China (72 FR 30545). Following the Tariff Act of 1930; this notice is Participation in the proceeding and the first five-year reviews by Commerce public service list.—Persons, including published pursuant to section 207.61 of and the Commission, effective October the Commission’s rules. industrial users of the Subject 12, 2012, Commerce issued a Merchandise and, if the merchandise is By order of the Commission. continuation of the antidumping duty sold at the retail level, representative Issued: August 24, 2017. order on imports of certain polyester consumer organizations, wishing to Katherine M. Hiner, staple fiber from China (77 FR 62217). participate in the proceeding as parties Supervisory Attorney. The Commission is now conducting a must file an entry of appearance with [FR Doc. 2017–18359 Filed 8–31–17; 8:45 am] second review pursuant to section the Secretary to the Commission, as BILLING CODE 7020–02–P 751(c) of the Act, as amended (19 U.S.C. provided in section 201.11(b)(4) of the 1675(c)), to determine whether Commission’s rules, no later than 21 revocation of the order would be likely days after publication of this notice in INTERNATIONAL TRADE to lead to continuation or recurrence of the Federal Register. The Secretary will COMMISSION material injury to the domestic industry maintain a public service list containing within a reasonably foreseeable time. the names and addresses of all persons, [Investigation No. 731–TA–1104 (Second Provisions concerning the conduct of or their representatives, who are parties Review)] this proceeding may be found in the to the proceeding. Certain Polyester Staple Fiber From Commission’s Rules of Practice and Former Commission employees who China; Institution of a Five-Year Procedure at 19 CFR parts 201, subparts are seeking to appear in Commission Review A and B and 19 CFR part 207, subparts five-year reviews are advised that they A and F. The Commission will assess may appear in a review even if they AGENCY: United States International the adequacy of interested party participated personally and Trade Commission. responses to this notice of institution to substantially in the corresponding ACTION: Notice. determine whether to conduct a full underlying original investigation or an review or an expedited review. The earlier review of the same underlying SUMMARY: The Commission hereby gives Commission’s determination in any investigation. The Commission’s notice that it has instituted a review expedited review will be based on the designated agency ethics official has pursuant to the Tariff Act of 1930 (‘‘the facts available, which may include advised that a five-year review is not the Act’’), as amended, to determine information provided in response to this same particular matter as the underlying whether revocation of the antidumping notice. original investigation, and a five-year duty order on certain polyester staple Definitions.—The following review is not the same particular matter fiber from China would be likely to lead definitions apply to this review: as an earlier review of the same to continuation or recurrence of material (1) Subject Merchandise is the class or underlying investigation for purposes of injury. Pursuant to the Act, interested kind of merchandise that is within the 18 U.S.C. 207, the post employment parties are requested to respond to this scope of the five-year review, as defined statute for Federal employees, and notice by submitting the information by Commerce. Commission rule 201.15(b) (19 CFR specified below to the Commission. (2) The Subject Country in this review 201.15(b)), 79 FR 3246 (Jan. 17, 2014), DATES: Date of institution is September is China. 73 FR 24609 (May 5, 2008). 1, 2017. To be assured of consideration, (3) The Domestic Like Product is the Consequently, former employees are not the deadline for responses is October 2, domestically produced product or required to seek Commission approval 2017. Comments on the adequacy of products which are like, or in the to appear in a review under Commission
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rule 19 CFR 201.15, even if the for filing such comments is November fax number, and Email address of the corresponding underlying original 13, 2017. All written submissions must certifying official. investigation or an earlier review of the conform with the provisions of section (2) A statement indicating whether same underlying investigation was 201.8 of the Commission’s rules; any your firm/entity is an interested party pending when they were Commission submissions that contain BPI must also under 19 U.S.C. 1677(9) and if so, how, employees. For further ethics advice on conform with the requirements of including whether your firm/entity is a this matter, contact Charles Smith, sections 201.6, 207.3, and 207.7 of the U.S. producer of the Domestic Like Deputy Agency Ethics Official, at 202– Commission’s rules. The Commission’s Product, a U.S. union or worker group, 205–3408. Handbook on E-Filing, available on the a U.S. importer of the Subject Limited disclosure of business Commission’s Web site at https://www. Merchandise, a foreign producer or proprietary information (BPI) under an usitc.gov/secretary/documents/ exporter of the Subject Merchandise, a administrative protective order (APO) handbook_on_filing_procedures.pdf, U.S. or foreign trade or business and APO service list.—Pursuant to elaborates upon the Commission’s rules association (a majority of whose section 207.7(a) of the Commission’s with respect to electronic filing. Also, in members are interested parties under rules, the Secretary will make BPI accordance with sections 201.16(c) and the statute), or another interested party submitted in this proceeding available 207.3 of the Commission’s rules, each (including an explanation). If you are a to authorized applicants under the APO document filed by a party to the union/worker group or trade/business issued in the proceeding, provided that proceeding must be served on all other association, identify the firms in which the application is made no later than 21 parties to the proceeding (as identified your workers are employed or which are days after publication of this notice in by either the public or APO service list members of your association. the Federal Register. Authorized as appropriate), and a certificate of (3) A statement indicating whether applicants must represent interested service must accompany the document your firm/entity is willing to participate parties, as defined in 19 U.S.C. 1677(9), (if you are not a party to the proceeding in this proceeding by providing who are parties to the proceeding. A you do not need to serve your response). information requested by the separate service list will be maintained Commission. by the Secretary for those parties No response to this request for (4) A statement of the likely effects of authorized to receive BPI under the information is required if a currently the revocation of the antidumping duty APO. valid Office of Management and Budget order on the Domestic Industry in Certification.—Pursuant to section (‘‘OMB’’) number is not displayed; the general and/or your firm/entity 207.3 of the Commission’s rules, any OMB number is 3117 0016/USITC No. specifically. In your response, please person submitting information to the 17–5–394, expiration date June 30, discuss the various factors specified in Commission in connection with this 2020. Public reporting burden for the section 752(a) of the Act (19 U.S.C. proceeding must certify that the request is estimated to average 15 hours 1675a(a)) including the likely volume of information is accurate and complete to per response. Please send comments subject imports, likely price effects of the best of the submitter’s knowledge. In regarding the accuracy of this burden subject imports, and likely impact of making the certification, the submitter estimate to the Office of Investigations, imports of Subject Merchandise on the will acknowledge that information U.S. International Trade Commission, Domestic Industry. submitted in response to this request for 500 E Street SW., Washington, DC (5) A list of all known and currently information and throughout this 20436. operating U.S. producers of the proceeding or other proceeding may be Inability to provide requested Domestic Like Product. Identify any disclosed to and used: (i) By the information.—Pursuant to section known related parties and the nature of Commission, its employees and Offices, 207.61(c) of the Commission’s rules, any the relationship as defined in section and contract personnel (a) for interested party that cannot furnish the 771(4)(B) of the Act (19 U.S.C. developing or maintaining the records information requested by this notice in 1677(4)(B)). of this or a related proceeding, or (b) in the requested form and manner shall (6) A list of all known and currently internal investigations, audits, reviews, notify the Commission at the earliest operating U.S. importers of the Subject and evaluations relating to the possible time, provide a full explanation Merchandise and producers of the programs, personnel, and operations of of why it cannot provide the requested Subject Merchandise in each Subject the Commission including under 5 information, and indicate alternative Country that currently export or have U.S.C. Appendix 3; or (ii) by U.S. forms in which it can provide exported Subject Merchandise to the government employees and contract equivalent information. If an interested United States or other countries after personnel, solely for cybersecurity party does not provide this notification 2011. purposes. All contract personnel will (or the Commission finds the (7) A list of 3–5 leading purchasers in sign appropriate nondisclosure explanation provided in the notification the U.S. market for the Domestic Like agreements. inadequate) and fails to provide a Product and the Subject Merchandise Written submissions.—Pursuant to complete response to this notice, the (including street address, World Wide section 207.61 of the Commission’s Commission may take an adverse Web address, and the name, telephone rules, each interested party response to inference against the party pursuant to number, fax number, and Email address this notice must provide the information section 776(b) of the Act (19 U.S.C. of a responsible official at each firm). specified below. The deadline for filing 1677e(b)) in making its determination in (8) A list of known sources of such responses is October 2, 2017. the review. information on national or regional Pursuant to section 207.62(b) of the prices for the Domestic Like Product or Commission’s rules, eligible parties (as INFORMATION TO BE PROVIDED IN RESPONSE the Subject Merchandise in the U.S. or specified in Commission rule TO THIS NOTICE OF INSTITUTION: As used other markets. 207.62(b)(1)) may also file comments below, the term ‘‘firm’’ includes any (9) If you are a U.S. producer of the concerning the adequacy of responses to related firms. Domestic Like Product, provide the the notice of institution and whether the (1) The name and address of your firm following information on your firm’s Commission should conduct an or entity (including World Wide Web operations on that product during expedited or full review. The deadline address) and name, telephone number, calendar year 2016, except as noted
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(report quantity data in pounds and (c) the quantity and value (f.o.b. U.S. products; and the level of competition value data in U.S. dollars, f.o.b. plant). port, including antidumping duties) of among the Domestic Like Product If you are a union/worker group or U.S. internal consumption/company produced in the United States, Subject trade/business association, provide the transfers of Subject Merchandise Merchandise produced in the Subject information, on an aggregate basis, for imported from the Subject Country. Country, and such merchandise from the firms in which your workers are (11) If you are a producer, an exporter, other countries. employed/which are members of your or a trade/business association of (13) (OPTIONAL) A statement of association. producers or exporters of the Subject whether you agree with the above (a) Production (quantity) and, if Merchandise in the Subject Country, definitions of the Domestic Like Product known, an estimate of the percentage of provide the following information on and Domestic Industry; if you disagree total U.S. production of the Domestic your firm’s(s’) operations on that with either or both of these definitions, Like Product accounted for by your product during calendar year 2016 please explain why and provide firm’s(s’) production; (report quantity data in pounds and alternative definitions. (b) Capacity (quantity) of your firm to value data in U.S. dollars, landed and produce the Domestic Like Product (that Authority: This proceeding is being duty-paid at the U.S. port but not conducted under authority of title VII of the is, the level of production that your including antidumping duties). If you Tariff Act of 1930; this notice is published establishment(s) could reasonably have are a trade/business association, provide pursuant to section 207.61 of the expected to attain during the year, the information, on an aggregate basis, Commission’s rules. assuming normal operating conditions for the firms which are members of your By order of the Commission. (using equipment and machinery in association. place and ready to operate), normal (a) Production (quantity) and, if Issued: August 24, 2017. operating levels (hours per week/weeks known, an estimate of the percentage of Katherine M. Hiner, per year), time for downtime, total production of Subject Merchandise Supervisory Attorney. maintenance, repair, and cleanup, and a in the Subject Country accounted for by [FR Doc. 2017–18358 Filed 8–31–17; 8:45 am] typical or representative product mix); your firm’s(s’) production; BILLING CODE 7020–02–P (c) the quantity and value of U.S. (b) Capacity (quantity) of your firm(s) commercial shipments of the Domestic to produce the Subject Merchandise in Like Product produced in your U.S. the Subject Country (that is, the level of INTERNATIONAL TRADE plant(s); production that your establishment(s) COMMISSION could reasonably have expected to (d) the quantity and value of U.S. [Investigation Nos. 701–TA–587 and 731– internal consumption/company attain during the year, assuming normal TA–1385–1386 (Preliminary)] transfers of the Domestic Like Product operating conditions (using equipment produced in your U.S. plant(s); and and machinery in place and ready to Titanium Sponge From Japan and (e) the value of (i) net sales, (ii) cost operate), normal operating levels (hours Kazakhstan; Institution of Antidumping of goods sold (COGS), (iii) gross profit, per week/weeks per year), time for and Countervailing Duty Investigations (iv) selling, general and administrative downtime, maintenance, repair, and and Scheduling of Preliminary Phase (SG&A) expenses, and (v) operating cleanup, and a typical or representative Investigations income of the Domestic Like Product product mix); and produced in your U.S. plant(s) (include (c) the quantity and value of your AGENCY: United States International both U.S. and export commercial sales, firm’s(s’) exports to the United States of Trade Commission. internal consumption, and company Subject Merchandise and, if known, an ACTION: Notice. transfers) for your most recently estimate of the percentage of total completed fiscal year (identify the date exports to the United States of Subject SUMMARY: The Commission hereby gives on which your fiscal year ends). Merchandise from the Subject Country notice of the institution of investigations (10) If you are a U.S. importer or a accounted for by your firm’s(s’) exports. and commencement of preliminary trade/business association of U.S. (12) Identify significant changes, if phase antidumping and countervailing importers of the Subject Merchandise any, in the supply and demand duty investigation Nos. 701–TA–587 from the Subject Country, provide the conditions or business cycle for the and 731–TA–1385–1386 (Preliminary) following information on your firm’s(s’) Domestic Like Product that have pursuant to the Tariff Act of 1930 (‘‘the operations on that product during occurred in the United States or in the Act’’) to determine whether there is a calendar year 2016 (report quantity data market for the Subject Merchandise in reasonable indication that an industry in pounds and value data in U.S. the Subject Country after 2011, and in the United States is materially dollars). If you are a trade/business significant changes, if any, that are injured or threatened with material association, provide the information, on likely to occur within a reasonably injury, or the establishment of an an aggregate basis, for the firms which foreseeable time. Supply conditions to industry in the United States is are members of your association. consider include technology; materially retarded, by reason of (a) The quantity and value (landed, production methods; development imports of titanium sponge from Japan duty-paid but not including efforts; ability to increase production and Kazakhstan, provided for in antidumping duties) of U.S. imports (including the shift of production subheading 8108.20.00 of the and, if known, an estimate of the facilities used for other products and the Harmonized Tariff Schedule of the percentage of total U.S. imports of use, cost, or availability of major inputs United States, that are alleged to be sold Subject Merchandise from the Subject into production); and factors related to in the United States at less than fair Country accounted for by your firm’s(s’) the ability to shift supply among value and alleged to be subsidized by imports; different national markets (including the Government of Kazakhstan. Unless (b) the quantity and value (f.o.b. U.S. barriers to importation in foreign the Department of Commerce extends port, including antidumping duties) of markets or changes in market demand the time for initiation, the Commission U.S. commercial shipments of Subject abroad). Demand conditions to consider must reach a preliminary determination Merchandise imported from the Subject include end uses and applications; the in antidumping and countervailing duty Country; and existence and availability of substitute investigations in 45 days, or in this case
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by October 10, 2017. The Commission’s gathered in these investigations Certification.—Pursuant to section views must be transmitted to Commerce available to authorized applicants 207.3 of the Commission’s rules, any within five business days thereafter, or representing interested parties (as person submitting information to the by October 17, 2017. defined in 19 U.S.C. 1677(9)) who are Commission in connection with these DATES: August 24, 2017. parties to the investigations under the investigations must certify that the FOR FURTHER INFORMATION CONTACT: APO issued in the investigations, information is accurate and complete to Jordan Harriman (202–205–2610), Office provided that the application is made the best of the submitter’s knowledge. In of Investigations, U.S. International not later than seven days after the making the certification, the submitter Trade Commission, 500 E Street SW., publication of this notice in the Federal will acknowledge that any information Washington, DC 20436. Hearing- Register. A separate service list will be that it submits to the Commission impaired persons can obtain maintained by the Secretary for those during these investigations may be information on this matter by contacting parties authorized to receive BPI under disclosed to and used: (i) By the the Commission’s TDD terminal on 202– the APO. Commission, its employees and Offices, Conference.—The Commission’s 205–1810. Persons with mobility and contract personnel (a) for Director of Investigations has scheduled impairments who will need special developing or maintaining the records a conference in connection with these assistance in gaining access to the of these or related investigations or investigations for 9:30 a.m. on Commission should contact the Office reviews, or (b) in internal investigations, Thursday, September 14, 2017, at the of the Secretary at 202–205–2000. audits, reviews, and evaluations relating U.S. International Trade Commission General information concerning the to the programs, personnel, and Building, 500 E Street SW., Washington, operations of the Commission including Commission may also be obtained by DC. Requests to appear at the conference accessing its internet server (https:// under 5 U.S.C. Appendix 3; or (ii) by should be emailed to William.bishop@ U.S. government employees and www.usitc.gov). The public record for usitc.gov and [email protected] this investigation may be viewed on the contract personnel, solely for (DO NOT FILE ON EDIS) on or before cybersecurity purposes. All contract Commission’s electronic docket (EDIS) September 12, 2017. Parties in support at https://edis.usitc.gov. personnel will sign appropriate of the imposition of countervailing and nondisclosure agreements. SUPPLEMENTARY INFORMATION: antidumping duties in these Background.—These investigations investigations and parties in opposition Authority: These investigations are being are being instituted, pursuant to to the imposition of such duties will conducted under authority of title VII of the Tariff Act of 1930; this notice is published sections 703(a) and 733(a) of the Tariff each be collectively allocated one hour Act of 1930 (19 U.S.C. 1671b(a) and pursuant to section 207.12 of the within which to make an oral Commission’s rules. 1673b(a)), in response to a petition filed presentation at the conference. A on August 24, 2017, by Titanium Metals nonparty who has testimony that may By order of the Commission. Corporation, Exton, PA. aid the Commission’s deliberations may Issued: August 25, 2017. For further information concerning request permission to present a short Katherine M. Hiner, the conduct of these investigations and statement at the conference. Supervisory Attorney. rules of general application, consult the Written submissions.—As provided in [FR Doc. 2017–18608 Filed 8–31–17; 8:45 am] Commission’s Rules of Practice and sections 201.8 and 207.15 of the BILLING CODE 7020–02–P Procedure, part 201, subparts A and B Commission’s rules, any person may (19 CFR part 201), and part 207, submit to the Commission on or before subparts A and B (19 CFR part 207). September 19, 2017, a written brief DEPARTMENT OF JUSTICE Participation in the investigations and containing information and arguments public service list.—Persons (other than pertinent to the subject matter of the Notice of Lodging of Proposed petitioners) wishing to participate in the investigations. Parties may file written Consent Decree Under the investigations as parties must file an testimony in connection with their Comprehensive Environmental entry of appearance with the Secretary presentation at the conference. All Response, Compensation, and Liability to the Commission, as provided in written submissions must conform with Act sections 201.11 and 207.10 of the the provisions of section 201.8 of the Commission’s rules, not later than seven Commission’s rules; any submissions On August 25, 2017, the Department days after publication of this notice in that contain BPI must also conform with of Justice lodged a proposed Consent the Federal Register. Industrial users the requirements of sections 201.6, Decree with the United States District and (if the merchandise under 207.3, and 207.7 of the Commission’s Court for the Southern District of West investigation is sold at the retail level) rules. The Commission’s Handbook on Virginia in the lawsuit entitled United representative consumer organizations E-Filing, available on the Commission’s States v. PAR Industrial Corporation, have the right to appear as parties in Web site at https://www.usitc.gov/ Civil Action No. 3:16–cv–1703. Commission antidumping duty and secretary/documents/handbook_on_ The Consent Decree resolves claims countervailing duty investigations. The filing_procedures.pdf, elaborates upon against PAR Industrial Corporation Secretary will prepare a public service the Commission’s rules with respect to (‘‘PAR’’ or ‘‘the Defendant’’) arising list containing the names and addresses electronic filing. under the Comprehensive of all persons, or their representatives, In accordance with sections 201.16(c) Environmental Response, who are parties to these investigations and 207.3 of the rules, each document Compensation, and Liability Act upon the expiration of the period for filed by a party to the investigations relating to the Par Industries, Inc. filing entries of appearance. must be served on all other parties to Superfund Site, located in Nitro, Limited disclosure of business the investigations (as identified by Putnam County, West Virginia. Under proprietary information (BPI) under an either the public or BPI service list), and the Consent Decree, Defendant will administrative protective order (APO) a certificate of service must be timely endeavor to sell the majority of the and BPI service list.—Pursuant to filed. The Secretary will not accept a property on which the Site is located section 207.7(a) of the Commission’s document for filing without a certificate and distribute the proceeds of any rules, the Secretary will make BPI of service. sale(s) between the United States and
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the Defendant; ninety percent of the first DEPARTMENT OF JUSTICE mechanical, or other forms of $1 million of sale(s) proceeds shall be information technology, e.g., [OMB Number 1117–0021] distributed the United States, and permitting electronic submission of eighty-five percent of any additional Agency Information Collection responses. sales proceeds shall be paid to the Activities; Proposed eCollection, Overview of This Information United States as well. Additionally, the eComments Requested; Extension Collection Defendant shall pay $300,000 in cash to Without Change of a Previously the United States, payable in three Approved Collection Dispensing 1. Type of Information Collection: installments over a period of three Records of Individual Practitioners Extension of a currently approved years. The proposed Consent Decree collection. AGENCY: Drug Enforcement will resolve all CERCLA claims alleged 2. Title of the Form/Collection: Administration, Department of Justice. Dispensing Records of Individual in this action by the United States ACTION: Practitioners. against Defendant. Defendant has an 30-day Notice. 3. The agency form number, if any, inability to pay the United States’ full SUMMARY: The Department of Justice and the applicable component of the demand. (DOJ), Drug Enforcement Department sponsoring the collection: The publication of this notice opens Administration (DEA), will be The form number is N/A. The a period for public comment on the submitting the following information applicable component within the Consent Decree. Comments should be collection request to the Office of Department of Justice is the Drug addressed to the Assistant Attorney Management and Budget (OMB) for Enforcement Administration, Diversion General, Environment and Natural review and approval in accordance with Control Division. Resources Division, and should refer to the Paperwork Reduction Act of 1995. 4. Affected public who will be asked United States v. PAR Industrial The proposed information collection or required to respond, as well as a brief Corporation, D.J. Ref. No. 90–11–3– was previously published in the Federal abstract: Register, on June 28, 2017, allowing for 10978. All comments must be submitted Affected public (Primary): Business or a 60 day comment period no later than thirty (30) days after the other for-profit. DATES: publication date of this notice. Comments are encouraged and Affected public (Other): Not-for-profit will be accepted for 30 days until Comments may be submitted either by institutions; Federal, State, local, and October 2, 2017. email or by mail: tribal governments. FOR FURTHER INFORMATION CONTACT: If Abstract: In accordance with the To submit you have comments on the estimated Controlled Substances Act (CSA), every comments: Send them to: public burden or associated response DEA registrant must make a biennial time, suggestions, or need a copy of the inventory and maintain, on a current By email ...... pubcomment-ees.enrd@ proposed information collection basis, a complete and accurate record of usdoj.gov. instrument with instructions or each controlled substance By mail ...... Assistant Attorney General, additional information, please contact manufactured, received, sold, delivered, U.S. DOJ—ENRD, P.O. Michael J. Lewis, Diversion Control or otherwise disposed of. 21 U.S.C. 827 Box 7611, Washington, DC Division, Drug Enforcement 20044–7611. and 958. These records must be Administration; Mailing Address: 8701 maintained separately from all other Morrissette Drive, Springfield, Virginia records of the registrant or, During the public comment period, 22152; Telephone: (202) 598–6812 or alternatively, in the case of non-narcotic the Consent Decree may be examined sent to [email protected]. controlled substances, be in such a form and downloaded at this Justice SUPPLEMENTARY INFORMATION: Written that required information is readily Department Web site: https:// comments and suggestions from the retrievable from the ordinary business www.justice.gov/enrd/consent-decrees. public and affected agencies concerning records of the registrant. 21 U.S.C. We will provide a paper copy of the the proposed collection of information 827(b)(2). The records maintained by Consent Decree upon written request are encouraged. Your comments should registrants must be kept and be available and payment of reproduction costs. address one or more of the following for at least two years for inspection and Please mail your request and payment four points: copying by officers or employees of the to: Consent Decree Library, U.S. DOJ— —Evaluate whether the proposed United States as authorized by the ENRD, P.O. Box 7611, Washington, DC collection of information is necessary Attorney General. 21 U.S.C. 827(b)(3). 20044–7611. for the proper performance of the The DEA may promulgate regulations Please enclose a check or money order functions of the agency, including that specify the information that registrants must maintain in the for $40.25 (25 cents per page whether the information will have required records. 21 U.S.C. 827(b)(1). reproduction cost) payable to the United practical utility; 5. An estimate of the total number of States Treasury. For a paper copy —Evaluate the accuracy of the agency’s respondents and the amount of time without the exhibits and signature estimate of the burden of the proposed collection of information, estimated for an average respondent to pages, the cost is $10.50. including the validity of the respond: The DEA estimates that 64,751 Jeffrey Sands, methodology and assumptions used; respondents, with 64,751 responses Assistant Section Chief, Environmental —Evaluate whether and if so how the annually to this collection. The DEA Enforcement Section, Environment and quality, utility, and clarity of the estimates that it takes 30 minutes to Natural Resources Division. information proposed to be collected complete the form. [FR Doc. 2017–18521 Filed 8–31–17; 8:45 am] can be enhanced; and 6. An estimate of the total public —Minimize the burden of the collection burden (in hours) associated with the BILLING CODE 4410–15–P of information on those who are to proposed collection: The DEA estimates respond, including through the use of this collection takes 32,376 hours appropriate automated, electronic, annually.
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If additional information is required [email protected]. Commenters the address shown in the ADDRESSES please contact: Melody Braswell, are encouraged, but not required, to section within thirty (30) days of Department Clearance Officer, United send a courtesy copy of any comments publication of this notice in the Federal States Department of Justice, Justice by mail or courier to the U.S. Register. In order to help ensure Management Division, Policy and Department of Labor—OASAM, Office appropriate consideration, comments Planning Staff, Two Constitution of the Chief Information Officer, Attn: should mention OMB Control Number Square, 145 N Street NE., Suite 3E.405B, Departmental Information Compliance 1218–0064. The OMB is particularly Washington, DC 20530. Management Program, Room N1301, interested in comments that: • Dated: August 29, 2017. 200 Constitution Avenue NW., Evaluate whether the proposed collection of information is necessary Melody Braswell, Washington, DC 20210; or by email: [email protected]. for the proper performance of the Department Clearance Officer for PRA, U.S. functions of the agency, including Department of Justice. FOR FURTHER INFORMATION CONTACT: whether the information will have [FR Doc. 2017–18547 Filed 8–31–17; 8:45 am] Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not practical utility; BILLING CODE 4410–09–P • toll-free numbers) or by email at DOL_ Evaluate the accuracy of the [email protected]. agency’s estimate of the burden of the proposed collection of information, DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for the including the validity of the Notice of Alleged Safety or Health methodology and assumptions used; Office of the Secretary • Enhance the quality, utility, and Hazards (Form OSHA–7) information clarity of the information to be Agency Information Collection collection. Respondents use Form Activities; Submission for OMB collected; and OSHA–7 to report unhealthful and/or • Minimize the burden of the Review; Comment Request; Notice of unsafe conditions in the workplace to collection of information on those who Alleged Safety or Health Hazards the OSHA. The OSHA uses this are to respond, including through the information to evaluate the alleged use of appropriate automated, ACTION: Notice of availability; request hazards and to schedule an inspection. for comments. electronic, mechanical, or other Occupational Safety and Health Act of technological collection techniques or 1970 sections 2(b)(10) and 8(f) authorize SUMMARY: The Department of Labor other forms of information technology, this information collection. See 29 (DOL) is submitting the Occupational e.g., permitting electronic submission of U.S.C. 651(b)(10), 657(f). Safety and Health Administration responses. This information collection is subject (OSHA) sponsored information Agency: DOL–OSHA. to the PRA. A Federal agency generally collection request (ICR) titled, ‘‘Notice Title of Collection: Notice of Alleged cannot conduct or sponsor a collection of Alleged Safety or Health Hazards,’’ to Safety or Health Hazards. of information, and the public is the Office of Management and Budget OMB Control Number: 1218–0064. generally not required to respond to an (OMB) for review and approval for Affected Public: Individuals or information collection, unless it is continued use, without change, in Households. approved by the OMB under the PRA accordance with the Paperwork Total Estimated Number of and displays a currently valid OMB Reduction Act of 1995 (PRA). Public Respondents: 70,976. Control Number. In addition, comments on the ICR are invited. Total Estimated Number of notwithstanding any other provisions of Responses: 70,976. DATES: The OMB will consider all law, no person shall generally be subject Total Estimated Annual Time Burden: written comments that agency receives to penalty for failing to comply with a 19,258 hours. on or before October 2, 2017. collection of information that does not Total Estimated Annual Other Costs ADDRESSES: A copy of this ICR with display a valid Control Number. See 5 Burden: $701. applicable supporting documentation; CFR 1320.5(a) and 1320.6. The DOL Authority: 44 U.S.C. 3507(a)(1)(D). including a description of the likely obtains OMB approval for this respondents, proposed frequency of information collection under Control Dated: August 26, 2017. response, and estimated total burden Number 1218–0064. Michel Smyth, may be obtained free of charge from the OMB authorization for an ICR cannot Departmental Clearance Officer. RegInfo.gov Web site at http:// be for more than three (3) years without [FR Doc. 2017–18477 Filed 8–31–17; 8:45 am] www.reginfo.gov/public/do/PRAView renewal, and the current approval for BILLING CODE 4510–26–P ICR?ref_nbr=201707-1218-03 (this link this collection is scheduled to expire on will only become active on the day August 31, 2017. The DOL seeks to following publication of this notice) or extend PRA authorization for this DEPARTMENT OF LABOR by contacting Michel Smyth by information collection for three (3) more telephone at 202–693–4129, TTY 202– years, without any change to existing Office of the Secretary 693–8064, (these are not toll-free requirements. The DOL notes that Agency Information Collection numbers) or by email at DOL_PRA_ existing information collection Activities; Submission for OMB [email protected]. requirements submitted to the OMB Review; Comment Request; Submit comments about this request receive a month-to-month extension Underground Construction Standard by mail or courier to the Office of while they undergo review. For Information and Regulatory Affairs, additional substantive information ACTION: Notice of availability; request Attn: OMB Desk Officer for DOL–OSHA, about this ICR, see the related notice for comments. Office of Management and Budget, published in the Federal Register on Room 10235, 725 17th Street NW., April 24, 2017 (82 FR 18932). SUMMARY: On August 31, 2017, the Washington, DC 20503; by Fax: 202– Interested parties are encouraged to Department of Labor (DOL) will submit 395–5806 (this is not a toll-free send comments to the OMB, Office of the Occupational Safety and Health number); or by email: OIRA_ Information and Regulatory Affairs at Administration (OSHA) sponsored
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information collection request (ICR) OSH Act sections 6(b)(7) and 8 other forms of information technology, titled, ‘‘Underground Construction authorize this information collection. e.g., permitting electronic submission of Standard,’’ to the Office of Management See 29 U.S.C. 655(b)(7), 657. responses. and Budget (OMB) for review and This information collection is subject Agency: DOL–OSHA. approval for continued use, without to the PRA. A Federal agency generally Title of Collection: Underground change, in accordance with the cannot conduct or sponsor a collection Construction Standard. Paperwork Reduction Act of 1995 of information, and the public is OMB Control Number: 1218–0067. (PRA). Public comments on the ICR are generally not required to respond to an Affected Public: Private Sector— invited. information collection, unless it is businesses or other for-profits. DATES: The OMB will consider all approved by the OMB under the PRA Total Estimated Number of written comments that agency receives and displays a currently valid OMB Respondents: 461. on or before October 2, 2017. Control Number. In addition, Total Estimated Number of ADDRESSES: A copy of this ICR with notwithstanding any other provisions of Responses: 1,171,439. applicable supporting documentation; law, no person shall generally be subject Total Estimated Annual Time Burden: including a description of the likely to penalty for failing to comply with a 76,477 hours. respondents, proposed frequency of collection of information that does not Total Estimated Annual Other Costs response, and estimated total burden display a valid Control Number. See 5 Burden: $165,600. CFR 1320.5(a) and 1320.6. The DOL may be obtained free of charge from the Authority: 44 U.S.C. 3507(a)(1)(D). obtains OMB approval for this RegInfo.gov Web site at http:// Dated: August 27, 2017. www.reginfo.gov/public/do/PRA information collection under Control ViewICR?ref_nbr=201708-1218-002 (this Number 1218–0067. Michel Smyth, link will only become active on the day OMB authorization for an ICR cannot Departmental Clearance Officer. following publication of this notice) or be for more than three (3) years without [FR Doc. 2017–18478 Filed 8–31–17; 8:45 am] by contacting Michel Smyth by renewal, and the current approval for BILLING CODE 4510–26–P telephone at 202–693–4129, TTY 202– this collection is scheduled to expire on 693–8064, (these are not toll-free August 31, 2017. The DOL seeks to numbers) or by email at DOL_PRA_ extend PRA authorization for this DEPARTMENT OF LABOR information collection for three (3) more [email protected]. Office of the Secretary Submit comments about this request years, without any change to existing requirements. The DOL notes that by mail to the Office of Information and Agency Information Collection Regulatory Affairs, Attn: OMB Desk existing information collection requirements submitted to the OMB Activities; Submission for OMB Officer for DOL–OSHA, Office of Review; Comment Request; Family Management and Budget, Room 10235, receive a month-to-month extension while they undergo review. For and Medical Leave Act, Wave 4 725 17th Street NW., Washington, DC Surveys 20503; by Fax: 202–395–5806 (this is additional substantive information about this ICR, see the related notice not a toll-free number); or by email: ACTION: Notice. [email protected]. published in the Federal Register on Commenters are encouraged, but not June 20, 2017 (82 FR 28098). SUMMARY: The Department of Labor required, to send a courtesy copy of any Interested parties are encouraged to (DOL) is submitting the information comments by mail or courier to the U.S. send comments to the OMB, Office of collection request (ICR) proposal titled, Department of Labor—OASAM, Office Information and Regulatory Affairs at ‘‘Family and Medical Leave Act, Wave ADDRESSES of the Chief Information Officer, Attn: the address shown in the 4 Surveys,’’ to the Office of Management Departmental Information Compliance section within thirty (30) days of and Budget (OMB) for review and Management Program, Room N1301, publication of this notice in the Federal approval for use in accordance with the 200 Constitution Avenue NW., Register. In order to help ensure Paperwork Reduction Act (PRA) of Washington, DC 20210; or by email: appropriate consideration, comments 1995. Public comments on the ICR are [email protected]. should mention OMB Control Number invited. 1218–0067. The OMB is particularly FOR FURTHER INFORMATION CONTACT: DATES: The OMB will consider all interested in comments that: Michel Smyth by telephone at 202–693– • Evaluate whether the proposed written comments that agency receives 4129, TTY 202–693–8064, (these are not collection of information is necessary on or before October 2, 2017. toll-free numbers) or by email at DOL_ ADDRESSES: A copy of this ICR with _ for the proper performance of the PRA [email protected]. functions of the agency, including applicable supporting documentation; SUPPLEMENTARY INFORMATION: This ICR whether the information will have including a description of the likely seeks to extend PRA authority for the practical utility; respondents, proposed frequency of Underground Construction Standard • Evaluate the accuracy of the response, and estimated total burden information collection requirements agency’s estimate of the burden of the may be obtained free of charge from the codified in regulations 29 CFR proposed collection of information, RegInfo.gov Web site at http:// 1926.800. The requirements apply to an including the validity of the www.reginfo.gov/public/do/PRAView Occupation Safety and Health Act (OSH methodology and assumptions used; ICR?ref_nbr=201703-1290-001 (this link Act) covered employer engaged in • Enhance the quality, utility, and will only become active on the day underground construction. The clarity of the information to be following publication of this notice) or information collections the DOL seeks collected; and by contacting Michel Smyth by to extend by this ICR include: (1) • Minimize the burden of the telephone at 202–693–4129 (this is not Posting various warning signs and collection of information on those who a toll-free number) or by email at DOL_ notices, (2) developing and maintaining are to respond, including through the [email protected]. certification inspection records for use of appropriate automated, Submit comments about this request hoists, and (3) developing and electronic, mechanical, or other by mail to the Office of Information and maintaining records of air quality tests. technological collection techniques or Regulatory Affairs, Attn: OMB Desk
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Officer for DOL–OS, Office of • Evaluate whether the proposed Progress Report,’’ to the Office of Management and Budget, Room 10235, collection of information is necessary Management and Budget (OMB) for 725 17th Street NW., Washington, DC for the proper performance of the review and approval for continued use, 20503; by Fax: 202–395–5806 (this is functions of the agency, including without change, in accordance with the not a toll-free number); or by email: whether the information will have Paperwork Reduction Act of 1995 [email protected]. practical utility; (PRA). Public comments on the ICR are Commenters are encouraged, but not • Evaluate the accuracy of the invited. required, to send a courtesy copy of any agency’s estimate of the burden of the DATES: The OMB will consider all comments by mail or courier to the U.S. proposed collection of information, written comments that agency receives Department of Labor-OASAM, Office of including the validity of the on or before October 2, 2017. the Chief Information Officer, Attn: methodology and assumptions used; ADDRESSES: A copy of this ICR with • Departmental Information Compliance Enhance the quality, utility, and applicable supporting documentation; Management Program, Room N1301, clarity of the information to be including a description of the likely 200 Constitution Avenue NW., collected; and respondents, proposed frequency of • Washington, DC 20210; or by email: Minimize the burden of the response, and estimated total burden [email protected]. collection of information on those who may be obtained free of charge from the are to respond, including through the FOR FURTHER INFORMATION CONTACT: RegInfo.gov Web site at http:// use of appropriate automated, Contact Michel Smyth by telephone at www.reginfo.gov/public/do/PRA electronic, mechanical, or other _ 202–693–4129 (this is not a toll-free ViewICR?ref nbr=201708-1218-003 (this _ _ technological collection techniques or link will only become active on the day number) or by email at DOL PRA other forms of information technology, [email protected]. following publication of this notice) or e.g., permitting electronic submission of by contacting Michel Smyth by SUPPLEMENTARY INFORMATION: This ICR responses. telephone at 202–693–4129, TTY 202– seeks PRA authority for the Family and Agency: DOL–OS. 693–8064, (these are not toll-free Medical Leave Act (FMLA), Wave 4 Title of Collection: Family and numbers) or by email at DOL_PRA_ Surveys information collection to study Medical Leave Act, Wave 4 Surveys. [email protected]. the FMLA by conducting a fourth round OMB ICR Reference Number: 201703– Submit comments about this request of nationally representative surveys of 1290–001. by mail to the Office of Information and Affected Public: Private Sector— employees and employers covered by Regulatory Affairs, Attn: OMB Desk businesses or other for-profits, farms, the provisions of the FMLA. The survey Officer for DOL–OSHA, Office of not-for-profit institutions; and findings will update and expand upon Management and Budget, Room 10235, Individuals or Households. the knowledge gained from the earlier 725 17th Street NW., Washington, DC Total Estimated Number of survey waves. Consolidated 20503; by Fax: 202–395–5806 (this is Respondents: 11,908. Appropriations Act of 2016, division H, not a toll-free number); or by email: title I, section 107 authorizes this Total Estimated Number of _ Responses: 14,075. OIRA [email protected]. information collection. See Public Law Commenters are encouraged, but not 114–113, division H, title I, section 107. Total Estimated Annual Time Burden: 1,504 hours. required, to send a courtesy copy of any This proposed information collection Total Estimated Annual Other Costs comments by mail or courier to the U.S. is subject to the PRA. A Federal agency Burden: $0. Department of Labor–OASAM, Office of generally cannot conduct or sponsor a the Chief Information Officer, Attn: collection of information, and the public Authority: 44 U.S.C. 3507(a)(1)(D). Departmental Information Compliance is generally not required to respond to Dated: August 28, 2017. Management Program, Room N1301, an information collection, unless it is Michel Smyth, 200 Constitution Avenue NW., approved by the OMB under the PRA Departmental Clearance Officer. Washington, DC 20210; or by email: _ _ and displays a currently valid OMB [FR Doc. 2017–18610 Filed 8–31–17; 8:45 am] DOL PRA [email protected]. Control Number. In addition, BILLING CODE 4510–HX–P FOR FURTHER INFORMATION CONTACT: notwithstanding any other provisions of Michel Smyth by telephone at 202–693– law, no person shall generally be subject 4129, TTY 202–693–8064, (these are not to penalty for failing to comply with a DEPARTMENT OF LABOR toll-free numbers) or by email at DOL_ collection of information if the [email protected]. collection of information does not Office of the Secretary SUPPLEMENTARY INFORMATION: This ICR display a valid Control Number. See 5 Agency Information Collection seeks to extend PRA authority for the CFR 1320.5(a) and 1320.6. For OSHA Grantee Quarterly Progress additional information, see the related Activities; Submission for OMB Review; Comment Request; Report, Form OSHA–171, information notice published in the Federal Register collection. The OSHA uses Form on October 28, 2016 (81 FR 75161). Occupational Safety and Health Administration Grantee Quarterly OSHA–171 to collect information Interested parties are encouraged to Progress Report concerning activities conducted during send comments to the OMB, Office of the quarter by grantees under the Susan Information and Regulatory Affairs at ACTION: Notice of availability; request Harwood Training Grants Program. This the address shown in the ADDRESSES for comments. information is used to monitor progress section within thirty (30) days of to determine whether the organization is publication of this notice in the Federal SUMMARY: The Department of Labor using Federal grant funds as specified in Register. In order to help ensure (DOL) is submitting the Occupational its grant application. Occupational appropriate consideration, comments Safety and Health Administration Safety and Health Act of 1970 section should mention OMB ICR Reference (OSHA) sponsored information 21(c) authorizes this information Number 201703–1290–001. The OMB is collection request (ICR) titled, collection. See 29 U.S.C. 670(c). particularly interested in comments ‘‘Occupational Safety and Health This information collection is subject that: Administration Grantee Quarterly to the PRA. A Federal agency generally
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cannot conduct or sponsor a collection Title of Collection: Occupational Management and Budget, Room 10235, of information, and the public is Safety and Health Administration 725 17th Street NW., Washington, DC generally not required to respond to an Grantee Quarterly Progress Report. 20503; by Fax: 202–395–5806 (this is information collection, unless it is OMB Control Number: 1218–0100. not a toll-free number); or by email: approved by the OMB under the PRA Affected Public: Private Sector—not- [email protected]. and displays a currently valid OMB for-profit entities. Commenters are encouraged, but not Control Number. In addition, Total Estimated Number of required, to send a courtesy copy of any notwithstanding any other provisions of Respondents: 109. comments by mail or courier to the U.S. law, no person shall generally be subject Total Estimated Number of Department of Labor–OASAM, Office of to penalty for failing to comply with a Responses: 436. the Chief Information Officer, Attn: collection of information that does not Total Estimated Annual Time Burden: Departmental Information Compliance display a valid Control Number. See 5 6,104 hours. Management Program, Room N1301, CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs 200 Constitution Avenue NW., obtains OMB approval for this Burden: $0. Washington, DC 20210; or by email: information collection under Control Authority: 44 U.S.C. 3507(a)(1)(D). [email protected]. Number 1218–0100. Dated: August 27, 2017. FOR FURTHER INFORMATION CONTACT: OMB authorization for an ICR cannot Michel Smyth by telephone at 202–693– Michel Smyth, be for more than three (3) years without 4129, TTY 202–693–8064, (these are not renewal, and the current approval for Departmental Clearance Officer. toll-free numbers) or sending an email this collection is scheduled to expire on [FR Doc. 2017–18479 Filed 8–31–17; 8:45 am] to [email protected]. August 31, 2017. The DOL seeks to BILLING CODE 4510–26–P SUPPLEMENTARY INFORMATION: This ICR extend PRA authorization for this seeks approval under the PRA for information collection for three (3) more DEPARTMENT OF LABOR revisions to the Notice of Recurrence, years, without any change to existing Form CA–2a, information collection. requirements. The DOL notes that Office of the Secretary Form CA–2a is used to claim existing information collection reimbursement of wage loss or medical requirements submitted to the OMB Agency Information Collection treatment resulting from the recurrence receive a month-to-month extension Activities; Submission for OMB of a work-related injury while federally while they undergo review. For Review; Comment Request; Notice of employed. The information is necessary additional substantive information Recurrence to ensure accurate benefits payment. about this ICR, see the related notice This information collection has been published in the Federal Register on ACTION: Notice of availability; request classified as a revision, because of a May 22, 2017 (82 FR 23315). for comments. revised accommodation statement. The Interested parties are encouraged to Federal Employees’ Compensation Act SUMMARY: On August 31, 2017, the send comments to the OMB, Office of authorizes this information collection. Department of Labor (DOL) will submit Information and Regulatory Affairs at See 5 U.S.C. 8102. the address shown in the ADDRESSES the Office of Workers’ Compensation This information collection is subject section within thirty (30) days of Programs (OWCP) sponsored to the PRA. A Federal agency generally publication of this notice in the Federal information collection request (ICR) cannot conduct or sponsor a collection Register. In order to help ensure revision titled, ‘‘Notice of Recurrence,’’ of information, and the public is appropriate consideration, comments to the Office of Management and Budget generally not required to respond to an should mention OMB Control Number (OMB) for review and approval for use information collection, unless it is 1218–0100. The OMB is particularly in accordance with the Paperwork approved by the OMB under the PRA interested in comments that: Reduction Act (PRA) of 1995. Public and displays a currently valid OMB • Evaluate whether the proposed comments on the ICR are invited. Control Number. In addition, collection of information is necessary DATES: The OMB will consider all notwithstanding any other provisions of for the proper performance of the written comments that agency receives law, no person shall generally be subject functions of the agency, including on or before October 2, 2017. to penalty for failing to comply with a whether the information will have ADDRESSES: A copy of this ICR with collection of information that does not practical utility; applicable supporting documentation; display a valid Control Number. See 5 • Evaluate the accuracy of the including a description of the likely CFR 1320.5(a) and 1320.6. The DOL agency’s estimate of the burden of the respondents, proposed frequency of obtains OMB approval for this proposed collection of information, response, and estimated total burden information collection under Control including the validity of the may be obtained free of charge from the Number 1240–0009. The current methodology and assumptions used; RegInfo.gov Web site at http:// approval is scheduled to expire on • Enhance the quality, utility, and www.reginfo.gov/public/do/PRA August 31, 2017; however, the DOL clarity of the information to be ViewICR?ref_nbr=201703-1240-006 (this notes that existing information collected; and link will only become active on the day collection requirements submitted to the • Minimize the burden of the following publication of this notice) or OMB receive a month-to-month collection of information on those who by contacting Michel Smyth by extension while they undergo review. are to respond, including through the telephone at 202–693–4129, TTY 202– New requirements would only take use of appropriate automated, 693–8064, (these are not toll-free effect upon OMB approval. For electronic, mechanical, or other numbers) or sending an email to DOL_ additional substantive information technological collection techniques or [email protected]. about this ICR, see the related notice other forms of information technology, Submit comments about this request published in the Federal Register on e.g., permitting electronic submission of by mail to the Office of Information and May 23, 2017 (82 FR 23613). responses. Regulatory Affairs, Attn: OMB Desk Interested parties are encouraged to Agency: DOL–OSHA. Officer for DOL–OWCP, Office of send comments to the OMB, Office of
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Information and Regulatory Affairs at ACTION: Notice announcing FOR FURTHER INFORMATION CONTACT: the address shown in the ADDRESSES commencement of proceeding with Anita Blaine, CRB Program Specialist, section within thirty (30) days of request for Petitions to Participate. by phone at (202) 707–7658 or by email publication of this notice in the Federal at [email protected]. Register. In order to help ensure SUMMARY: The Copyright Royalty Judges SUPPLEMENTARY INFORMATION: appropriate consideration, comments announce the commencement of a should mention OMB Control Number proceeding to determine the distribution Background 1240–0009. The OMB is particularly of the digital audio recording The Audio Home Recording Act of interested in comments that: technology royalty fees in the 2009, 1992 (‘‘AHRA’’), Public Law 102–563, • Evaluate whether the proposed 2010, and 2011 Musical Works Funds. requires manufacturers and importers to collection of information is necessary The Judges also announce the date by pay royalties on digital audio recording for the proper performance of the which a party who wishes to participate devices and media that are distributed functions of the agency, including in this proceeding must file its Petition in the United States. 17 U.S.C. 1003. whether the information will have to Participate and the accompanying These royalties are deposited with the practical utility; filing fee, if applicable. Copyright Office for further distribution • Evaluate the accuracy of the DATES: Petitions to Participate and the to eligible claimants. 17 U.S.C. 1005, agency’s estimate of the burden of the filing fee, if applicable, are due no later 1007. Royalties are divided into two proposed collection of information, than October 2, 2017. funds: The Sound Recordings Fund 2 including the validity of the ADDRESSES: Interested claimants must (66 ⁄3%) and the Musical Works Fund methodology and assumptions used; submit petitions to participate and the (331⁄3%). These fees in turn are allocated • Enhance the quality, utility, and filing fee, if applicable, identified by to specific subfunds. 17 U.S.C. 1006(b). clarity of the information to be docket number 2013–6 CRB DD 2009– The Musical Works Fund, which is the collected; and 2011 (MWF), by any of the following subject of this notice, is divided equally • Minimize the burden of the methods: between the Music Publishers Subfund collection of information on those who CRB’s electronic filing application: and the Writers Subfund. 17 U.S.C. are to respond, including through the Submit comments online in eCRB at 1006(b)(2). use of appropriate automated, https://app.crb.gov/. Distribution of these fees may occur electronic, mechanical, or other U.S. mail: Copyright Royalty Board, in one of two ways. The interested technological collection techniques or P.O. Box 70977, Washington, DC 20024– copyright parties within each subfund other forms of information technology, 0977; or may negotiate the terms of a settlement e.g., permitting electronic submission of Overnight service (only USPS Express as to the division of royalty funds. If, responses. Mail is acceptable): Copyright Royalty after any such agreements, funds remain Agency: DOL–OWCP. Board, P.O. Box 70977, Washington, DC in dispute, the Copyright Royalty Judges Title of Collection: Notice of 20024–0977; or may conduct a proceeding to determine Recurrence. Commercial courier: Address package the distribution of the royalties that OMB Control Number: 1240–0009. to: Copyright Royalty Board, Library of remain in controversy in each subfund. Affected Public: Individuals or Congress, James Madison Memorial 17 U.S.C. 1006(c) & 1007(c). On February 4, 2014, the Judges Households. Building, LM–403, 101 Independence issued an order granting certain Total Estimated Number of Avenue SE., Washington, DC 20559– claimants’ (i.e., Broadcast Music, Inc., Respondents: 289. 6000. Deliver to: Congressional Courier the American Society of Composers, Total Estimated Number of Acceptance Site, 2nd Street NE. and D Authors and Publishers, SESAC, Inc., Responses: 289. Street NE., Washington, DC; or and the Harry Fox Agency, Inc.) request Total Estimated Annual Time Burden: Hand delivery: Library of Congress, for 95% of the Digital Audio Recording 145 hours. James Madison Memorial Building, LM– Technology (‘‘DART’’) Musical Works Total Estimated Annual Other Costs 401, 101 Independence Avenue SE., Funds royalties for 2009 through 2011. Burden: $150. Washington, DC 20559–6000. Order Granting Claimants’ Request for Instructions: Unless submitting Authority: 44 U.S.C. 3507(a)(1)(D). Partial Distribution of 2009 through online, claimants must submit an Dated: August 27, 2017. 2011 DART Musical Works Funds original, five paper copies, and an Michel Smyth, Royalties, Docket No. 2013–6 CRB DD electronic version on a CD. All 2009–2011 (MWF). Departmental Clearance Officer. submissions received must include the On March 16, 2017, the settling [FR Doc. 2017–18481 Filed 8–31–17; 8:45 am] board name and docket number. All claimants 1 filed a motion requesting BILLING CODE 4510–CH–P submissions received will be posted that the Judges commence a proceeding without change to eCRB on https:// to determine the distribution of the www.crb.gov including any personal funds for 2009, 2010, and 2011. The information provided. LIBRARY OF CONGRESS settling claimants request that the Docket: For access to the docket to Judges publish a notice in the Federal Copyright Royalty Board read background documents or Register to (1) announce comments received, go to eCRB, the commencement of a proceeding, (2) [Docket No. 2013–6 CRB DD 2009–2011 Copyright Royalty Board’s electronic request comments on the existence of (MWF)] filing and case management system, at controversies and petitions to https://app.crb.gov/ and search for Distribution of the 2009, 2010, and participate, and (3) apprise parties of docket number 2013–6 CRB DD 2009– 2011 Digital Audio Recording filing fee requirements and small claims 2011 (MWF). For documents not yet Technology Royalty Funds for the procedures pursuant to 17 U.S.C. Musical Works Funds uploaded to eCRB (because it is a new system), go to the agency Web site at 1 One of the settling claimants, The Harry Fox AGENCY: Copyright Royalty Board (CRB), https://www.crb.gov/ or contact the CRB Agency LLC, was formerly The Harry Fox Agency, Library of Congress. Program Specialist. Inc.
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803(b)(1) and 1007(c). Motion at 1–2. corresponding Petition to Participate Dated: August 28, 2017. The settling parties have not will be dismissed. Jeanne M. Hauch, represented that they have reached an Any participant that is an individual VP/General Counsel and Corporate Secretary, agreement with non-settling claimants. may represent herself or himself. All Millennium Challenge Corporation. Therefore, the Judges conclude that a other participants must be represented Report on Countries That Are controversy exists with respect to DART by counsel. In accordance with 37 CFR Musical Works Funds for royalty years Candidates for Millennium Challenge 350.2 (Representation), only attorneys Compact Eligibility for Fiscal Year 2018 2009, 2010, and 2011. who are members of the bar in one or By this notice, the Judges grant the and Countries That Would Be more states or the District of Columbia Candidates but for Legal Prohibitions settling claimants’ Motion and and in good standing will be allowed to announce the commencement of a represent parties before the Copyright Summary proceeding to determine the proper Royalty Judges. The Judges will address This report to Congress is provided in distribution of DART Musical Works further procedural matters, including Funds (both the Musical Publishers accordance with section 608(a) of the scheduling, after Petitions to Participate Millennium Challenge Act of 2003, as Subfund and the Writers Subfund) for have been filed. royalty years 2009, 2010, and 2011. The amended, 22 U.S.C. 7701, 7707(a) (the Judges granted the settling claimants’ Intention To Conduct a Paper Act). request for partial distribution pursuant Proceeding The Act authorizes the provision of to Section 801(b)(3)(C) of the Copyright assistance for global development Act, which authorizes the Judges to In accordance with Section through the Millennium Challenge order partial distributions 803(b)(5)(B) of the Copyright Act, the Corporation (MCC) for countries that notwithstanding the existence of Judges find it appropriate to conduct a enter into a Millennium Challenge ongoing controversies. Consequently, all paper proceeding in this matter in light Compact with the United States to DART Musical Works funds for royalty of the relatively modest amount of support policies and programs that years 2009, 2010, and 2011 remain in royalties in dispute and the anticipated advance the progress of such countries dispute, notwithstanding the 95% small number of non-settling claimants. to achieve lasting economic growth and distribution to the settling claimants. In such proceedings, the Judges poverty reduction. The Act requires All settling claimants agreed, at the time determine issues solely on the basis of MCC to take a number of steps in of the partial distribution, to repay any the filing of a written direct statement selecting countries with which MCC potential overpayment. by each participant, a response of an will seek to enter into a compact, opposing participant, and one including determining the countries that Commencement of Proceeding additional response from the will be eligible countries for fiscal year Consistent with 17 U.S.C. 804(b)(8), participant. 17 U.S.C. 803(b)(5). Any (FY) 2018 based on (a) a country’s the Judges determine that, for the party wishing to comment on the demonstrated commitment to (i) just reasons stated above, a controversy Judges’ intention to conduct a paper and democratic governance, (ii) exists with respect to the distribution of proceeding should include such economic freedom, and (iii) investments the 2009, 2010, and 2011 DART Musical comments in its Petition to Participate. in its people; and (b) the opportunity to Works Funds royalties for the Music Dated: August 29, 2017. reduce poverty and generate economic growth in the country, and (c) the Publishers Subfund and the Writers Jesse M. Feder, Subfund. availability of funds to MCC. These U.S. Copyright Royalty Judge. steps include the submission of reports Petitions To Participate [FR Doc. 2017–18569 Filed 8–31–17; 8:45 am] to the congressional committees Petitions to Participate must provide BILLING CODE P specified in the Act and the publication all of the information required by 37 of notices in the Federal Register that CFR 351.1(b)(2). Participants also must identify: identify by year each subfund in the The countries that are ‘‘candidate Musical Works Fund to which they are MILLENNIUM CHALLENGE countries’’ for FY 2018 based on their asserting a claim (i.e., Music Publishers CORPORATION per capita income levels and their or Writers, or both). Petitions to eligibility to receive assistance under Participate submitted by interested [MCC FR 17–04] U.S. law and countries that would be parties whose claims do not exceed candidate countries but for specified $1,000 must contain a statement that the Report on Countries That Are legal prohibitions on assistance (section party will not seek a distribution of Candidates for Millennium Challenge 608(a) of the Act); more than $1,000. 37 CFR 351.1(b)(4). Account Eligibility in Fiscal Year 2018 The criteria and methodology that the No filing fee is required for such parties. and Countries That Would Be MCC Board of Directors (Board) will use Interested parties with claims exceeding Candidates but for Legal Prohibitions to measure and evaluate the relative $1,000, however, must submit a filing policy performance of the ‘‘candidate AGENCY: fee of $150 with their respective Millennium Challenge countries’’ consistent with the Petitions to Participate, or the petition Corporation. requirements of subsections (a) and (b) will be rejected. CASH WILL NOT BE ACTION: Notice. of section 607 of the Act in order to ACCEPTED. Parties filing online determine ‘‘eligible countries’’ from through eCRB must pay by credit card. SUMMARY: Section 608(a) of the among the ‘‘candidate countries’’ All other parties must pay the filing fee Millennium Challenge Act of 2003 (section 608(b) of the Act); and with a check or money order made requires the Millennium Challenge The list of countries determined by payable to the ‘‘Copyright Royalty Corporation to publish a report that the Board to be ‘‘eligible countries’’ for Board’’ and mailed or delivered with a identifies countries that are ‘‘candidate FY 2018, identification of such paper claim form, as described in the countries’’ for Millennium Challenge countries with which the Board will ADDRESSES section above. If a check is Account assistance during FY 2018. The seek to enter into compacts, and a returned for lack of sufficient funds, the report is set forth in full below. justification for such eligibility
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determination and selection for compact countries, as identified by the World 18. Ethiopia negotiation (section 608(d) of the Act). Bank; or 19. Gambia, The This report is the first of three Has a per capita income that is not 20. Ghana required reports listed above. greater than the World Bank’s lower 21. Guatemala Candidate Countries for FY 2018 middle income country threshold for 22. Guinea such fiscal year ($3,955 gross national 23. Guinea-Bissau The Act requires the identification of income per capita for FY 2018); but is 24. Haiti all countries that are candidate not among the 75 lowest per capita 25. Honduras countries for FY 2018 and the income countries as identified by the 26. India identification of all countries that would World Bank; and 27. Indonesia be candidate countries but for specified Is not ineligible to receive U.S. 28. Kenya legal prohibitions on assistance. Under economic assistance under part I of the 29. Kiribati the terms of the Act, sections 606(a) and Foreign Assistance Act of 1961, as 30. Kyrgyz Republic (b) set forth the two income tests amended (the Foreign Assistance Act), 31. Lao PDR countries must satisfy to be candidate by reason of the application of the 32. Lesotho 1 countries. However for FY 2017, those Foreign Assistance Act or any other 33. Liberia categories are defined by MCC’s FY provision of law. 34. Madagascar 2017 appropriations act, the Department Due to the provisions requiring 35. Malawi of State, Foreign Operations, and countries to retain their former income 36. Mali Related Programs Appropriations Act, classification for three fiscal years, 37. Mauritania 2017 (the FY 2017 SFOAA). changes from the low income to lower 38. Micronesia, Fed. Sts. Specifically, the FY 2017 SFOAA used middle income categories or vice versa 39. Moldova the same definitions that have been for FY 2018 will go into effect for FY 40. Morocco used since the FY 2012 appropriations 2021. Countries transitioning to the 41. Mozambique act and defines low income candidate upper middle income category do not 42. Nepal countries as the 75 poorest countries as remain in the candidate pool.3 43. Nicaragua identified by the World Bank and Pursuant to section 606(c) of the Act, 44. Niger provided that a country that changes the Board identified the following 45. Nigeria during the fiscal year from low income countries as candidate countries under 46. Pakistan to lower middle income (or vice versa) the Act for FY 2018. In so doing, the 47. Papua New Guinea will retain its candidacy status in its Board referred to the prohibitions on 48. Philippines former income category for the fiscal assistance to countries for FY 2017 49. Rwanda year and two subsequent fiscal years. under the FY 2017 SFOAA. 50. Sa˜o Tome´ and Principe Assuming these definitions will be used 51. Senegal again in FY 2018, MCC is using them for Candidate Countries: Low Income 52. Sierra Leone purposes of this report.2 Category 53. Solomon Islands Under the redefined categories, a 1. Afghanistan 54. Somalia country will be a candidate country for 2. Angola 55. Sri Lanka FY 2018 if it: 3. Bangladesh 56. Swaziland Meets one of the following tests: 4. Benin 57. Tajikistan Has a per capita income that is not 5. Bhutan 58. Tanzania greater than the World Bank’s lower 6. Burkina Faso 59. Timor-Leste middle income country threshold for 7. Burundi 60. Togo such fiscal year ($3,955 gross national 8. Cambodia 61. Uganda income per capita for FY 2018); and is 9. Cameroon 62. Uzbekistan among the 75 lowest per capita income 10. Central African Republic 63. Vanuatu 11. Chad 64. Vietnam 1 Sections 606(a) and (b) of the Act provide that 65. Yemen, Rep. a country will be a candidate country for purposes 12. Comoros of eligibility if it (1) has a per capita income equal 13. Congo, Dem. Rep. 66. Zambia to or less than the historical ceiling of the 14. Congo, Rep. Candidate Countries: Lower Middle International Development Association eligibility 15. Coˆte d’Ivoire Income Category for the fiscal year involved (the ‘‘low income 16. Djibouti category’’) or (2) is classified as a lower middle 1. Armenia income country in the then most recent edition of 17. Egypt, Arab Rep. the World Development Report for Reconstruction 2. Cabo Verde and Development published by the International 3 In FY 2018, the World Bank updated its 3. El Salvador Bank for Reconstruction and Development and has estimates of gross national incomes per capita 4. Georgia an income greater than the historical ceiling for resulting in Georgia re-entering the candidate pool. 5. Jordan International Development Association eligibility However, Georgia was classified as a low income 6. Kosovo for the fiscal year involved (the ‘‘lower middle country as recently as FY 2015. Due to Georgia’s income category’’); and is not ineligible to receive transition to upper middle income status in FY 7. Mongolia U.S. economic assistance under part I of the Foreign 2017, the provision for gradual reclassification 8. Tunisia Assistance Act of 1961, as amended (the Foreign between LIC the LMIC pools does not apply to it. 9. Ukraine Assistance Act), by reason of the application of the Although Georgia has re-entered the candidate pool Foreign Assistance Act or any other provision of in FY 2018, it does so as a lower middle income Countries That Would Be Candidate law. country and does not retain the gradual Countries but for Legal Provisions That 2 If the language relating to the definition of low reclassification treatment it would have received income candidate countries is not enacted or is this fiscal year if it had not exited the candidate Prohibit Assistance changed for MCC’s FY 2018 appropriations act, pool in FY 2017. As a result, the removal of Georgia Countries that would be considered MCC will revisit the selection process once the FY from the low income category due to its exiting of 2018 appropriations act is enacted and will conduct the candidate pool in FY 2017 means that there are candidate countries for FY 2018, but are the selection process in accordance with the Act only 74 low income countries for FY 2018 (8 of ineligible to receive United States and applicable provisions for FY 2018. which are legally prohibited). economic assistance under part I of the
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Foreign Assistance Act by reason of the SFOAA, which prohibits direct ADDRESSES: Send comments to: Sunil application of any provision of the assistance to the government of Syria. Iyengar, National Endowment for the Foreign Assistance Act or any other Zimbabwe is ineligible to receive U.S. Arts, 400 7th Street SW., Washington, provision of law are listed below. This economic assistance, including DC 20506–0001, telephone (202) 682– list is based on legal prohibitions pursuant to section 7042(k)(2) of the FY 5424 (this is not a toll-free number), fax against economic assistance that apply 2017 SFOAA, which prohibits (with (202) 682–5677, or send via email to as of July 21, 2017. limited exceptions) assistance for the [email protected]. central government of Zimbabwe unless Prohibited Countries: Low Income FOR FURTHER INFORMATION CONTACT: For the Secretary of State certifies and Category specific questions related to collection reports to Congress that the rule of law activities, please contact Melissa Bolivia is ineligible to receive U.S. has been restored, including respect for Menzer, 202–682–5548, menzerm@ economic assistance pursuant to section ownership and title to property, and arts.gov. 706(3) of the Foreign Relations freedoms of expression, association, and Authorization Act, Fiscal Year 2003 SUPPLEMENTARY INFORMATION: Comments assembly. submitted in response to this notice may (Pub. L. 107–228), regarding adherence Countries identified above as be made available to the public through to obligations under international candidate countries, as well as countries posting on a government Web site. For counternarcotics agreements and other that would be considered candidate this reason, please do not include in counternarcotics measures. countries but for the applicability of your comments information of a Burma is ineligible to receive U.S. legal provisions that prohibit U.S. confidential nature, such as sensitive economic assistance, absent special economic assistance, may be the subject personal information or proprietary authority, because of concerns relative of future statutory restrictions or information. If you send an email to its record on human rights. determinations, or changed country comment, your email address will be Eritrea is ineligible to receive U.S. circumstances, that affect their legal automatically captured and included as economic assistance, including due to eligibility for assistance under part I of part of the comment that is placed in the its status as a Tier 3 country under the the Foreign Assistance Act by reason of public docket and made available on the Victims of Trafficking and Violence application of the Foreign Assistance Internet. Please note that responses to Protection Act of 2000 (22 U.S.C. 7101 Act or any other provision of law for FY this public comment request containing et seq.). 2018. North Korea is ineligible to receive any routine notice about the U.S. economic assistance, including [FR Doc. 2017–18657 Filed 8–31–17; 8:45 am] confidentiality of the communication pursuant to section 7007 of the FY 2017 BILLING CODE 9211–03–P will be treated as public comments that SFOAA, which prohibits direct may be made available to the public assistance to the government of North notwithstanding the inclusion of the Korea. NATIONAL FOUNDATION ON THE routine notice. South Sudan is ineligible to receive ARTS AND THE HUMANITIES The proposed information collection U.S. economic assistance pursuant to activity provides a means to garner section 7042(i)(2) of the FY 2017 National Endowment for the Arts qualitative customer and stakeholder feedback in an efficient, timely manner, SFOAA, which prohibits, with limited Proposed Collection; Comment in accordance with the Administration’s exceptions, assistance to the central Request; 60-Day Notice for Generic commitment to improving service government of South Sudan until the Clearance for the Collection of delivery. By qualitative feedback we Secretary of State certifies and reports to Qualitative Feedback on Agency mean information that provides useful Congress that such government is taking Service Delivery effective steps to end hostilities and insights on perceptions and opinions, pursue good faith negotiations for a AGENCY: National Endowment for the but are not statistical surveys that yield political settlement of the internal Arts, National Foundation on the Arts quantitative results that can be conflict; provide access for and the Humanities. generalized to the population of study. humanitarian organizations; end the ACTION: Notice. This feedback will provide insights into recruitment and use of child soldiers; customer or stakeholder perceptions, protect freedoms of expression, SUMMARY: The National Endowment for experiences and expectations, provide association, and assembly; reduce the Arts (NEA), as part of its continuing an early warning of issues with service, corruption related to the extraction and effort to reduce paperwork and or focus attention on areas where sale of oil and gas; establish democratic respondent burden, invites the general communication, training or changes in institutions; establish accountable public to take this opportunity to operations might improve delivery of military and police forces under civilian comment on the ‘‘Generic Clearance for products or services. These collections authority; and investigate and prosecute the Collection of Qualitative Feedback will allow for ongoing, collaborative and individuals credibly alleged to have on Agency Service Delivery’’ for actionable communications between the committed gross violations of human approval under the Paperwork Agency and its customers and rights, including at the Terrain Reduction Act (PRA) (44 U.S.C. 3501 et stakeholders. It will also allow feedback compound in Juba, South Sudan on July seq.). This collection was developed as to contribute directly to the 11, 2016. part of a Federal Government-wide improvement of program management. Sudan is ineligible to receive U.S. effort to streamline the process for The solicitation of feedback will target economic assistance, including seeking feedback from the public on areas such as: Timeliness, pursuant to section 7042(j) of the FY service delivery. This notice announces appropriateness, accuracy of 2017 SFOAA, which prohibits (with our intent to submit this collection to information, courtesy, efficiency of limited exceptions) assistance to the OMB for approval and solicits service delivery, and resolution of government of Sudan. comments on specific aspects for the issues with service delivery. Responses Syria is ineligible to receive U.S. proposed information collection. will be assessed to plan and inform economic assistance, including DATES: Written comments are due by efforts to improve or maintain the pursuant to section 7007 of the FY 2017 October 31, 2017. quality of service offered to the public.
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If this information is not collected, vital mechanisms that are designed to yield FOR ADDITIONAL INFORMATION, CONTACT: feedback from customers and quantitative results. Suzanne H. Plimpton, Reports Clearance stakeholders on the Agency’s services As a general matter, information Officer, National Science Foundation, will be unavailable. collections will not result in any new 4201 Wilson Boulevard, Suite 1265, The Agency will only submit a system of records containing privacy Arlington, Virginia 22230; or send email collection for approval under this information and will not ask questions to [email protected]. Individuals who generic clearance if it meets the of a sensitive nature, such as sexual use a telecommunications device for the following conditions: behavior and attitudes, religious beliefs, deaf (TDD) may call the Federal • The collections are voluntary; and other matters that are commonly Information Relay Service (FIRS) at 1– • The collections are low-burden for considered private. 800–877–8339, which is accessible 24 respondents (based on considerations of Current Actions: Extension of hours a day, 7 days a week, 365 days a total burden hours, total number of approval for a collection of information. year (including federal holidays). respondents, or burden-hours per Type of Review: Extension. SUPPLEMENTARY INFORMATION: Comments respondent) and are low-cost for both Affected Public: Individuals and are invited on (a) whether the proposed the respondents and the Federal Households, Businesses and collection of information is necessary Government; Organizations, State, Local or Tribal for the proper performance of the • The collections are non- Government. functions of the NSF, including whether controversial and do not raise issues of Below we provide projected average the information shall have practical concern to other Federal agencies; estimates for the next three years: utility; (b) the accuracy of the NSF’s • Any collection is targeted to the Estimated Number of Respondents estimate of the burden of the proposed solicitation of opinions from Across All Three Years: 15,000. collection of information; (c) ways to respondents who have experience with Average Expected Annual Number of enhance the quality, utility, and clarity the program or may have experience Activities: 3. of the information on respondents, with the program in the near future; Average Number of Respondents per including through the use of automated • Personally identifiable information Activity: 1,667. collection techniques or other forms of (PII) is collected only to the extent Annual Responses: 5,000. information technology; and (d) ways to necessary and is not retained; Frequency of Response: Once per minimize the burden of the collection of • Information gathered is used only request. information on those who are to internally for general service Average Minutes per Response: 15. respond, including through the use of improvement and program management Average Expected Annual Burden appropriate automated, electronic, purposes and is not intended for release hours: 1,167. mechanical, or other technological outside of the agency; Dated: August 29, 2017. collection techniques or other forms of • Information gathered is not used for Kathy Daum, information technology. the purpose of substantially informing Director, Administrative Services, National Title of Collection: Evaluation of the influential policy decisions; and Endowment for the Arts. National Science Foundation Advanced • Information gathered yields [FR Doc. 2017–18551 Filed 8–31–17; 8:45 am] Technological Education (ATE) qualitative information; the collections BILLING CODE 7537–01–P Program. are not designed or expected to yield OMB Approval Number: 3145–NEW. statistically reliable results or used as Expiration Date of Current Approval: though the results are generalizable to NATIONAL SCIENCE FOUNDATION Not applicable. the population of study. Type of Request: Intent to establish an Feedback collected under this generic Notice of Intent To Seek Approval To information collection. clearance provides useful information, Establish an Information Collection Abstract: NSF’s ATE program focuses but it does not yield data that can be on providing Federal funds for the generalized to the overall population. AGENCY: National Science Foundation. education of technicians at the local, This type of generic clearance for ACTION: Notice and request for regional, and national levels in qualitative information will not be used comments. advanced technology fields (i.e., for quantitative information collections advanced manufacturing, agricultural that are designed to yield reliably SUMMARY: The National Science and environmental technology, actionable results, such as monitoring Foundation (NSF) is announcing plans biological and chemical technology, trends over time or documenting to request approval for the collection of engineering, information and security, program performance. Such data uses research and development data through micro/nanotechnologies, and general require more rigorous designs that the Evaluation of the National Science advanced technological education) to address: The target population to which Foundation Advanced Technological expand the pool of skilled technicians generalizations will be made, the Education (ATE) Program survey. In and improve the competitiveness of the sampling frame, the sample design accordance with the requirement of the United States in international trade. The (including stratification and clustering), Paperwork Reduction Act of 1995, we program supports the education of the precision requirements or power are providing opportunity for public technicians in strategic advanced calculations that justify the proposed comment on this action. After obtaining technology fields by establishing sample size, the expected response rate, and considering public comment, NSF partnerships between academic methods for assessing potential non- will prepare the submission requesting institutions and industry and providing response bias, the protocols for data that OMB approve clearance of this resources for the development of collection, and any testing procedures collection for no longer than 3 years. curriculum, professional development that were or will be undertaken prior to DATES: Written comments on this notice for college faculty and secondary fielding the study. Depending on the must be received by October 31, 2017 to teachers, and career pathways from degree of influence the results are likely be assured of consideration. Comments secondary schools to 2-year institutions to have, such collections may still be received after that date will be and from 2-year institutions to 4-year eligible for submission for other generic considered to the extent practicable. institutions. The program also aims to
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coordinate 2-year and 4-year The evaluation will collect data using program, skills and experiences institutions’ teacher training programs web surveys and qualitative methods obtained, reasons for leaving the for prospective STEM educators in (consisting of semi-structured program (if applicable), interest in strategic advanced technology fields. interviews and focus groups), as well as pursuing advanced education or The primary goals of the ATE program draw on data from extant sources. The occupation in advanced technology are to (1) educate highly qualified study components include: a descriptive field, and educational and occupational science and engineering technicians to implementation study that describes status obtained. meet workforce demands in strategic project implementation; a relational fl Semistructured interviews with advanced technology fields; (2) improve study of associations between project/ PIs: To obtain more detail on program the technical skills and general science, center and student characteristics on implementation, student recruitment technology, engineering, and student outcomes; and a comparative and retention strategies and challenges, mathematics (STEM) preparation of study using the U.S. Department of perceptions of professional these technicians and the educators who Education’s Integrated Postsecondary development and training on specific prepare them at the secondary (grades Education Data System (IPEDS) data to outcomes, and lessons learned. 7–12) and undergraduate levels; and (3) compare degrees and certificates fl Semistructured interviews with increase the capacity of institutions for conferred by non-ATE-funded faculty participants: To obtain more advanced technician education. institutions and ATE-funded To ensure that the ATE program institutions before and after receipt of detail on professional development accomplishes its goals of producing funding. Approval is only sought for activities they engaged in and which more highly qualified science and new data that will be collected for the aspects were the most and least engineering technicians and improving study, including: successful with regard to perceived the skills and knowledge of educators fl Survey data from ATE PIs who impact of professional development on and technicians who train them, it is were awarded funding between 2007 themselves and specific student important to consistently assess and and 2015 to understand how projects outcomes. improve the program’s activities. and centers operate and how awards are fl Virtual focus groups with current Therefore, this evaluation aims to gather implemented: This survey collects data and former student participants: To information on the following research on the types of ATE-supported activities describe in more detail their questions: students engage in, program completers, experiences with and perceptions of the 1. How has ATE advanced the graduates in the workforce, and ATE program, including how they mission of NSF between FY 2007 and professional development offered to learned about the program; supports and FY 2015? secondary and postsecondary educators. challenges to staying in/completing the 2. How do individual awardees fl Survey data from faculty and program; activities they engaged in; and implement student-focused activities at teachers who directly participated in perceived impact on their skills, goals/ their ATE projects/centers? ATE-funded professional development interests, and workforce readiness. 3. What are the educational outcomes (hereafter referred to as faculty) between Use of the information: The primary of students who have participated in 2012 and 2015 to understand the purpose of collecting this information is ATE-funded activities? perceived impact on faculty growth: program evaluation. The data collected 4. How do individual awardees This survey asks about faculty members’ will enable NSF to describe program implement faculty-focused activities at participation in professional components that are implemented with their ATE projects/centers? development activities, professional ATE fundsand will be used by NSF to 5. How have program-supported networks or communities of practice, monitor and improve the program and activities enhanced faculty and teacher and whether participation in the assess its merit and worth. The knowledge/skills/networks, especially networks or communities improved evaluation will also inform the design of their instruction. as they relate to building capacity at a future impact evaluation. institutions to address workforce needs fl Survey data from current and in advanced technology fields? former students who have directly Expected respondents: The expected 6. How do grantees develop participated in ATE-funded training respondents are up to 560 ATE PIs who partnerships with industry to support activities (defined as having enrolled in have received ATE funding since 2007; student and faculty/teacher technology degree or certificate 33,613 faculty members who have development? programs developed as part of ATE- participated in ATE-funded professional 7. How have awardee partnerships funded work, or worked in technology development since 2012; and 43,763 with business and industry enhanced labs maintained as part of ATE-funded students who have directly participated student educational training and work, or participated in industry in PIs’ ATE-funded work since 2012. workforce outcomes? internships created as part of ATE- Estimate of burden: The collection Because of the nature of the ATE funded work) between 2012 and 2015 to occurs once for each respondent. The program and the type of information understand: their reasons for total estimate for this collection is being sought, a mixed methods participating in an ATE program, the 19,622 burden hours and $578,887.41. evaluation design will be employed. perceived value and impact of the The calculation is shown in table 1.
TABLE 1—ESTIMATED BURDEN TO SURVEY, INTERVIEW, AND FOCUS GROUP PARTICIPANTS
Estimated Estimated Anticipated annual annual Type of collection responses burden burden (# of persons) (in hours) (in dollars)
PI List Collection ...... 142 71 $2,795.27 PI Web Survey ...... 390 130 5,118.10 Faculty Web Survey ...... 33,585 8,396 330,550.52 Student Web Survey ...... 43,707 10,927 237,552.98
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TABLE 1—ESTIMATED BURDEN TO SURVEY, INTERVIEW, AND FOCUS GROUP PARTICIPANTS—Continued
Estimated Estimated Anticipated annual annual Type of collection responses burden burden (# of persons) (in hours) (in dollars)
PI Semistructured Interview ...... 28 28 1,102.36 Faculty Semistructured Interview ...... 28 14 551.18 Student Focus Group ...... 56 56 1,217.00
Total ...... 77,936 19,622 578,887.41
Dated: August 29, 2017. designated as proprietary, pursuant to 5 External Events and History of ACRS. Suzanne H. Plimpton, U.S.C 552b(c)(4)]. [NOTE: A portion of this session may be closed in order to discuss and protect Reports Clearance Officer, National Science Friday, September 8, 2017, Conference information designated as proprietary, Foundation. Room T–2B1, 11545 Rockville Pike, pursuant to 5 U.S.C. 552b(c)(4)]. [FR Doc. 2017–18619 Filed 8–31–17; 8:45 am] Rockville, Maryland 20852 BILLING CODE 7555–01–P Procedures for the conduct of and 8:30 a.m.–10:00 a.m.: Future ACRS participation in ACRS meetings were Activities/Report of the Planning and published in the Federal Register on Procedures Subcommittee and October 17, 2016 (81 FR 71543). In NUCLEAR REGULATORY Reconciliation of ACRS Comments and accordance with those procedures, oral COMMISSION Recommendations (Open/Closed)—The or written views may be presented by Committee will discuss the members of the public, including Advisory Committee on Reactor recommendations of the Planning and representatives of the nuclear industry. Safeguards; Notice of Meeting Procedures Subcommittee regarding Persons desiring to make oral statements items proposed for consideration by the should notify Quynh Nguyen, Cognizant In accordance with the purposes of Full Committee during future ACRS ACRS Staff (Telephone: 301–415–5844, Sections 29 and 182b of the Atomic Meetings, and matters related to the Email: [email protected]), 5 days Energy Act (42 U.S.C. 2039, 2232b), the conduct of ACRS business, including before the meeting, if possible, so that Advisory Committee on Reactor anticipated workload and member appropriate arrangements can be made Safeguards (ACRS) will hold a meeting assignments. The Committee will to allow necessary time during the September 7–8, 2017, 11545 Rockville discuss the responses from the NRC meeting for such statements. In view of Pike, Rockville, Maryland 20852. Executive Director for Operations to the possibility that the schedule for Thursday, September 7, 2017, comments and recommendations ACRS meetings may be adjusted by the Conference Room T–2B1, 11545 included in recent ACRS reports and Chairman as necessary to facilitate the Rockville Pike, Rockville, Maryland letters. [NOTE: A portion of this meeting conduct of the meeting, persons 20852 may be closed pursuant to 5 U.S.C. planning to attend should check with 552b(c)(2) and (6) to discuss the Cognizant ACRS staff if such 8:30 a.m.–8:35 a.m.: Opening organizational and personnel matters rescheduling would result in major Remarks by the ACRS Chairman that relate solely to internal personnel inconvenience. (Open)—The ACRS Chairman will make rules and practices of the ACRS, and Thirty-five hard copies of each opening remarks regarding the conduct information the release of which would presentation or handout should be of the meeting. constitute a clearly unwarranted provided 30 minutes before the meeting. 8:35 a.m.–11:00 a.m.: Advanced invasion of personal privacy]. In addition, one electronic copy of each Power Reactor 1400 (APR1400) (Open/ 10:15 a.m.–11:15 a.m.: Assessment of presentation should be emailed to the Closed)—The Committee will hear the Quality of Selected NRC Research Cognizant ACRS Staff one day before briefings by and discussion with Projects (Open)—The Committee will meeting. If an electronic copy cannot be representatives of the NRC staff and discuss the assessment of the quality of provided within this timeframe, Korea Hydro & Nuclear Power regarding the project on Validation of presenters should provide the Cognizant selected chapters (7 and 18) of the safety Computational Fluid Dynamics ACRS Staff with a CD containing each evaluation associated with the APR1400 Methods Using Prototypic Light Water presentation at least 30 minutes before Design Certification. [NOTE: A portion Reactor Spent Fuel Assembly Thermal the meeting. of this session may be closed in order Hydraulic Data. In accordance with Subsection 10(d) to discuss and protect information 11:15 a.m.–12:00 p.m.: Preparation of of Public Law 92–463 and 5 U.S.C. designated as proprietary, pursuant to 5 ACRS Reports (Open/Closed)—The 552b(c), certain portions of this meeting U.S.C. 552b(c)(4)]. Committee will continue its discussion may be closed, as specifically noted 11:00 a.m.–12:00 p.m.: Preparation for of proposed ACRS reports. [Note: A above. Use of still, motion picture, and ACRS Meeting with Commission portion of this session may be closed in television cameras during the meeting (Open)—The Committee will hold a order to discuss and protect information may be limited to selected portions of discussion of topics for the meeting in designated as proprietary, pursuant to 5 the meeting as determined by the October. U.S.C. 552b(c)(4)]. Chairman. Electronic recordings will be 1:00 p.m.–6:00 p.m.: Preparation of 1:00 p.m.–6:00 p.m.: Preparation of permitted only during the open portions ACRS Reports (Open/Closed)—The ACRS Reports/Retreats (Open/Closed)— of the meeting. Committee will discuss proposed ACRS The Committee will continue its ACRS meeting agendas, meeting reports on APR1400. [NOTE: A portion discussion of proposed ACRS reports. transcripts, and letter reports are of this session may be closed in order The Committee will discuss the available through the NRC Public to discuss and protect information Working Group on Human-caused Document Room at pdr.resource@
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nrc.gov, or by calling the PDR at 1–800– this filing by the Commission. The under SEA Rule 15c2–11 differ 397–4209, or from the Publicly Commission is publishing this notice to depending on the characteristics of the Available Records System (PARS) solicit comments on the proposed rule issuer and the security being quoted. component of NRC’s document system change from interested persons. FINRA Rule 6432 (Compliance with (ADAMS) which is accessible from the I. Self-Regulatory Organization’s the Information Requirements of SEA NRC Web site at http://www.nrc.gov/ Statement of the Terms of Substance of Rule 15c2–11) facilitates member reading-rm/adams.html or http:// the Proposed Rule Change compliance with SEA Rule 15c2–11 by www.nrc.gov/reading-rm/doc- collections/ACRS/. FINRA is proposing a rule change prescribing the method by which Video teleconferencing service is relating to members’ filing obligations member firms must demonstrate to available for observing open sessions of under FINRA Rule 6432 (Compliance FINRA compliance with SEA Rule ACRS meetings. Those wishing to use with the Information Requirements of 15c2–11.5 Rule 6432 generally provides this service should contact Mr. Theron SEA Rule 15c2–11). The proposal that no member shall initiate or resume Brown, ACRS Audio Visual Technician implements a new electronic Form 211 quotations in a non-exchange-listed (301–415–8066), between 7:30 a.m. and in place of the current paper form. security unless the member 3:45 p.m. (ET), at least 10 days before The proposed rule change does not demonstrates compliance by making a the meeting to ensure the availability of make any changes to the text of FINRA filing with, and in the form required by, this service. Individuals or rules. FINRA (‘‘Form 211’’). FINRA currently organizations requesting this service The text of the proposed rule change requires members to comply with Rule will be responsible for telephone line is available on FINRA’s Web site at 6432 by submitting a paper Form 211, http://www.finra.org, at the principal charges and for providing the which, pursuant to this filing, will be office of FINRA and at the equipment and facilities that they use to replaced with the proposed electronic Commission’s Public Reference Room. establish the video teleconferencing Form 211. Form 211 is designed to link. The availability of video II. Self-Regulatory Organization’s gather pertinent information regarding teleconferencing services is not Statement of the Purpose of, and the subject issuer and security, the guaranteed. Statutory Basis for, the Proposed Rule member’s knowledge of and Dated at Rockville, Maryland, this 28th day Change relationship with the issuer, and the of August, 2017. In its filing with the Commission, member’s intended quotation activities For the Nuclear Regulatory Commission. FINRA included statements concerning with respect to the subject security. Andrew L. Bates, the purpose of and basis for the FINRA currently administers the Form Advisory Committee Management Officer. proposed rule change and discussed any 211 manually—in paper form—and [FR Doc. 2017–18516 Filed 8–31–17; 8:45 am] comments it received on the proposed members transmit the form to FINRA BILLING CODE 7590–01–P rule change. The text of these statements via mail, email, or fax. may be examined at the places specified FINRA proposes to transition to an in Item IV below. FINRA has prepared electronic Form 211, which would be summaries, set forth in sections A, B, SECURITIES AND EXCHANGE accessible to member firms through COMMISSION and C below, of the most significant 6 aspects of such statements. FINRA’s Firm Gateway. The electronic [Release No. 34–81488; File No. SR–FINRA– Form 211 generally solicits the same 2017–028] A. Self-Regulatory Organization’s information currently requested in the Statement of the Purpose of, and paper form 7 and, in addition to a cover Self-Regulatory Organizations; Statutory Basis for, the Proposed Rule page, contains five sections covering: (1) Financial Industry Regulatory Change Issuer and security information; (2) Authority, Inc.; Notice of Filing and 1. Purpose information required pursuant to SEA Immediate Effectiveness of a Proposed SEA Rule 15c2–11 generally prohibits Rule 15c2–11(a)(1), (a)(2), (a)(3), (a)(4) or Rule Change To Implement a New (a)(5), as applicable; (3) information Electronic Form 211 a broker-dealer from publishing any quotation for a security not listed or required pursuant to paragraphs (b)(1) August 28, 2017. traded on a national securities through (b)(3) of SEA Rule 15c2–11; (4) Pursuant to Section 19(b)(1) of the exchange, or directly or indirectly, Securities Exchange Act of 1934 (‘‘SEA’’ submitting any such quotation for 5 For purposes of Rule 6432, the term ‘‘non- or ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 4 exchange-listed security’’ means any equity publication, in any quotation medium, security, other than a Restricted Equity Security notice is hereby given that on August unless it has gathered and reviewed (defined in FINRA Rule 6420(k)), that is not traded 24, 2017, Financial Industry Regulatory specified information about the issuer on any national securities exchange. See Rule Authority, Inc. (‘‘FINRA’’) filed with the and security that is the subject of the 6432(e). Securities and Exchange Commission quotation and has a reasonable basis 6 The Firm Gateway is a single point of service (‘‘SEC’’ or ‘‘Commission’’) the proposed that allows members to quickly interact with under the circumstances for believing FINRA. The Firm Gateway provides consolidated rule change as described in Items I, II, that such information is accurate in all access to regulatory applications and filings, and and III below, which Items have been material respects and obtained from a FINRA’s electronic billing system; one-click quick prepared by FINRA. FINRA has reliable source. The information access to common tasks, useful resources and key designated the proposed rule change as firm information; an at-a-glance view of important requirements applicable to a security filing dates, tasks and events; and centralized constituting a ‘‘non-controversial’’ rule FINRA Information Requests. The applications and change under paragraph (f)(6) of Rule 4 Rule 15c2–11 defines ‘‘quotation medium’’ as filings that firms can access through the Firm 19b–4 under the Act,3 which renders any ‘‘ ‘interdealer quotation system’ or any Gateway include: Web CRD, IARD, OATS, Report the proposal effective upon receipt of publication or electronic communications network Center and virtually all electronic regulatory filing or other device which is used by brokers or dealers applications, including FOCUS, Firm Profile, to make known to others their interest in FINRA Contact System, and Rule 4530 Customer 1 15 U.S.C. 78s(b)(1). transactions in any security, including offers to buy Complaints. 2 17 CFR 240.19b–4. or sell at a stated price or otherwise, or invitations 7 A copy of the proposed electronic Form 211 is 3 17 CFR 240.19b–4(f)(6). of offers to buy or sell.’’ attached as Exhibit 3.
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supplemental information; and (5) the source. Thus, in demonstrating quarterly and other current reports filed certification.8 compliance with SEA Rule 15c2–11 and after the issuer’s most recent annual FINRA Rule 6432, members provide a report or statement. The current form Cover Page and Issuer and Security variety of supporting documentation to also asks that members list each report Information FINRA. In addition to the information or statement and applicable The proposed electronic Form 211, as specifically required by Form 211, amendments filed by the issuer through does the current paper Form 211, which is described below, the electronic EDGAR that the member has in its includes a general section (i.e., cover form also permits members to submit possession that meets the requirements page) setting forth the instructions for additional supporting information and of this section. The proposed electronic completing the form and requesting that documentation electronically.10 Form 211 modifies the current the member identify the quotation informational requirements in the paper Electronic Form 211—SEA Rule 15c2– medium on which it intends to initiate form to incorporate recent changes to 11(a)(1) Requirements quotations. The proposed electronic SEA Rule 15c2–11.11 Thus, in addition form also requests that members select For applications submitted under to requesting that the member provide the paragraph of SEA Rule 15c2–11 paragraph (a)(1) of SEA Rule 15c2–11 the issuer’s most recent annual report under which the application is being (for recent offerings pursuant to Section filed pursuant to Section 13 or 15(d) of submitted (i.e., paragraph (a)(1), (a)(2), 10(a) of the Securities Act of 1933 the Act or a copy of the annual (a)(3), (a)(4) or (a)(5)), which would (‘‘1933 Act’’)), the current paper Form statement referred to in Section identify the version of the form to be 211 requests that the member provide 12(g)(2)(G)(i) of the Act, the electronic completed by the member, consistent the prospectus that became effective less form also covers reports and statements with the information requirements that than 90 calendar days prior to the filing filed pursuant to Regulation A. are applicable to each subparagraph of of the Form 211, as specified by Section For applications submitted under SEA Rule 15c2–11. 10(a) of the 1933 Act. The current paper paragraph (a)(4) of SEA Rule 15c2–11 The issuer and security information form also asks for the SEC effective date (for foreign private issuers), the current section of the proposed electronic Form of the recent offering and the date the paper Form 211 requests that the 211 requests the same basic information security was issued. The proposed member provide the following regarding the security and issuer that electronic form continues to solicit this information regarding the issuer’s currently is requested in the paper form, information. reliance upon Rule 12g3–2(b) of the including, among other things, the name SEA: (1) The foreign exchange(s) on and address of the issuer and its transfer Electronic Form 211—SEA Rule 15c2– which the subject class of securities is agent; the security’s symbol (if 11(a)(2) Requirements listed that, either singly or together with assigned); type of security; the security’s For applications submitted under the trading of the same class of the CUSIP number; the total number of paragraph (a)(2) of SEA Rule 15c2–11 shares outstanding at the end of the issuer’s securities in another foreign (for recent offerings pursuant to jurisdiction, constitutes the primary issuer’s most recent fiscal year; the Regulation A), the current paper Form initial price of the quotation sought to trading market for those securities; (2) 211 requests that the member provide the symbol(s) of the security(ies) that be entered (if any); and the basis upon the offering circular that became which such price was determined and trades on the foreign exchange(s); and effective less than 40 calendar days (3) the location of the internet Web site the factors considered in making such prior to the filing of the Form 211, as determination. The proposed electronic or electronic information delivery provided for under Regulation A of the system that the member firm would Form 211 also includes a request for the 1933 Act. The current paper form transfer agent’s telephone number.9 provide upon request to any person to similarly requests the date the offering direct them to the information that the Specific Information Requirements circular became qualified less than 40 issuer published electronically pursuant calendar days prior to the filing of the As is currently the case with the to Rule 12g3–2(b). This information will Form 211 and the date of the most paper Form 211, the proposed electronic continue to be solicited on the recent security issuance. The electronic Form 211 requests information specific electronic form. Form 211 continues to require to the requirements set forth in SEA information on when the Regulation A Electronic Form 211—SEA Rule 15c2– Rule 15c2–11 paragraphs (a)(1), (a)(2), offering was qualified by the SEC and 11(a)(5) Requirements (a)(3), (a)(4) or (a)(5), as applicable. SEA the date the security was issued. Rule 15c2–11 generally requires that For applications submitted under members have a reasonable basis for Electronic Form 211—SEA Rule 15c2– paragraph (a)(5) of SEA Rule 15c2–11 believing that the specified Form 211 11(a)(3) and (a)(4) Requirements (for non-SEC reporting companies and all other companies), the current paper information is accurate in all material For applications submitted under respects and obtained from a reliable Form 211, among other things, requires paragraph (a)(3) of SEA Rule 15c2–11 that members provide the issuer’s most (for SEC reporting companies), the 8 recent balance sheet, profit and loss and FINRA has reorganized some of the current paper Form 211 requests that informational content and made other technical retained earnings statements, equivalent changes to conform to the new electronic format. the member provide the issuer’s most financial information for the two prior 9 The current paper form, as does the proposed recent annual report filed pursuant to electronic form, also requests the issuer’s telephone fiscal years for the issuer or any Section 13 or 15(d) of the Act or the predecessor company, and the number, fiscal year end date, date and state of annual statement referred to in Section incorporation, par or stated value of the security, the complete title and class of the security, the 12(g)(2)(G)(i) of the Act, and provide 11 As part of its amendments to Regulation A and issuer’s SIC Code and, if applicable, the CIK other rules and forms to implement Section 401 of number. 10 FINRA currently requests additional the Jumpstart Our Business Startups (JOBS) Act, the A Standard Industrial Classification or ‘‘SIC’’ information in follow-up correspondence as Commission amended SEA Rule 15c2–11 to permit Code is used by government agencies to classify necessary to support a member’s Form 211 an issuer’s ongoing reports filed under Regulation industry areas. A Central Index Key or ‘‘CIK’’ is a submission. Follow-up correspondence relating the A to satisfy a broker-dealer’s obligations to review unique identifier assigned by the SEC to all electronic Form 211 will be sent via Request and maintain certain information about an issuer’s companies and people who file disclosure Manager—a FINRA electronic correspondence quoted securities. See JOBS Act, Public Law 112– documents through EDGAR with the SEC. system. 106, 401, 126 Stat. 306, 323–325 (2012).
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documents that support the information members the ability to upload any implementation date will be no later provided in the Form 211. additional information and than 90 days after the date of the filing. In addition, the current paper form documentation the firm would like to 2. Statutory Basis requires that the member: (1) Describe submit to supplement its Form 211. the issuer’s business, products/services FINRA believes that the proposed rule offered by the issuer, and the issuer’s Certifications change is consistent with the provisions facilities; (2) list the name(s) of the Finally, the certifications required by of Section 15A(b)(6) of the Act,14 which current chief executive officer(s) and the proposed electronic Form 211 requires, among other things, that members of the board of directors of the mirror those contained in the current FINRA rules must be designed to issuer; (3) provide information as to paper form, including that the prevent fraudulent and manipulative whether the member (or any person undersigned must have a reasonable acts and practices, to promote just and associated with it) is affiliated directly basis for believing that the information equitable principles of trade, and, in or indirectly with the issuer and, if so, accompanying the form is accurate in all general, to protect investors and the the nature of such affiliation; (4) provide material respects and that the sources of public interest. information as to whether the quotation information are reliable; that the FINRA believes the proposal will sought to be displayed is being undersigned understands and simplify and streamline the process by published or submitted on behalf of acknowledges that this affirmative which members submit Form 211s, another broker-dealer and, if so, the review obligation applies to all making it more efficient for both FINRA name of such broker-dealer; and (5) subsequent submissions made in and members. As noted above, the provide information on whether the connection with the Form 211 proposed electronic form will be quotation sought to be displayed is application; that the undersigned accessible through FINRA’s Firm being published or submitted directly or certifies that they have examined the Gateway, enabling members to complete indirectly on behalf of the issuer or any form and, to the best of their knowledge, the Form 211 electronically, as well as director, officer or any person who is it is true, correct, and complete; that upload supporting documentation. directly or indirectly the beneficial neither the member nor associated Thus, FINRA believes the proposal owner of more than ten percent of the person have accepted or will accept any enhances FINRA’s oversight of the Form outstanding units or shares of any payment or other consideration, directly 211 process, thereby supporting equity security of the issuer, and, if so, or indirectly, from the issuer of the FINRA’s efforts under Rule 6432 to the name of the person (and the basis for security to be quoted, or any affiliate or prevent fraudulent and manipulative any exemption under the federal promoter thereof, for publishing a acts and practices, to promote just and securities laws for sales of such quotation or acting as market maker in equitable principles of trade, and, in securities on behalf of this person). The the security to be quoted, or submitting general, to protect investors and the proposed electronic Form 211 continues an application in connection therewith public interest with respect to non- to request this information. Because the (including the submission of the Form exchange-listed securities. 211); and that the undersigned proposed electronic Form 211 allows B. Self-Regulatory Organization’s acknowledges that copies of the form, documents to be uploaded, the process Statement on Burden on Competition of supplying FINRA with the supporting accompanying documents, and subsequent submissions may be FINRA does not believe that the documentation, which, historically, has proposed rule change will result in any been provided by members in hard provided to the SEC, other regulatory agencies, or to the quotation medium(s) burden on competition that is not copy, would be improved. For example, on which the security is or will be necessary or appropriate in furtherance a member could upload a recent annual quoted.13 of the purposes of the Act. The proposal report to document multiple items of FINRA has filed the proposed rule is intended to simplify the Form 211 information, such as the issuer’s name, change for immediate effectiveness. process and increase efficiency for both current chief executive officer, FINRA will announce the FINRA and the firms that file Form 211s description of its business and facilities, implementation date of the proposed without any loss in the information that and other required information. rule change in a Regulatory Notice. The is being collected. By implementing an Electronic Form 211—SEA Rule 15c2– electronic Form 211, FINRA believes the 11(b) Requirements and Supplemental during the past 12 months. If a trading suspension proposal promotes more efficient Information order has been issued, the member must provide a compliance with respect to the copy of the order or of the SEC’s public release Paragraph (b) of SEA Rule 15c2–11 announcing the trading suspension order. The requirements around initiating and requests information required pursuant proposed electronic Form 211 also includes this resuming quotations for non-exchange- information request. If the member selects ‘‘yes,’’ an to paragraphs (b)(1) through (b)(3) of listed securities. In addition, the upload of a copy of the order or SEC public release proposal applies equally to any firm that SEA Rule 15c2–11. Among other things, announcing the trading suspension order is the current paper form requires required; additional explanatory text is optional. submits a Form 211, as all member firms members to describe the circumstances The current paper form requires members to have access to the FINRA Gateway, and surrounding the submission of the provide any material information, including new firms receive login credentials adverse information regarding the issuer, of which upon registration with FINRA. As a application and requests that the the member is aware or has in its possession. The member include the identity of any proposed electronic Form 211 also includes this result, FINRA believes the proposal will person for whom the quotation is being information request. If the member selects ‘‘yes,’’ an not have a significant impact on explanatory text entry is required; a document submitted and any information competition among firms that seek to upload is optional. publish quotations for non-exchange- provided to the member by such person. 13 The proposed electronic Form 211 slightly The proposed electronic Form 211 modifies the contact information requested under listed securities. would continue to request this this section; specifically, it requests the email To the extent that the manual address of the contact in lieu of a fax number, and administration of Form 211 in paper information,12 and also provides the phone number and email address of the form was viewed by members as registered principal responsible for submitting the 12 The current paper form also asks whether the form. The proposed electronic Form 211 also burdensome, those participants should issuer or its predecessor (if any) has been subject requests an email address for correspondence sent to a trading suspension order issued by the SEC via Request Manager. 14 15 U.S.C. 78o–3(b)(6).
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benefit from electronic submission of All submissions should refer to File Economic Injury (EIDL) Loan the Form 211 via Firm Gateway, which Number SR–FINRA–2017–028. This file Application Deadline Date: 05/24/2018. would permit members to mitigate any number should be included on the ADDRESSES: Submit completed loan direct or indirect costs associated with subject line if email is used. To help the applications to: U.S. Small Business mailing, emailing or faxing the paper Commission process and review your Administration, Processing and form and other supporting information comments more efficiently, please use Disbursement Center, 14925 Kingsport and documentation. only one method. The Commission will Road, Fort Worth, TX 76155. post all comments on the Commission’s C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ FOR FURTHER INFORMATION CONTACT: A. Statement on Comments on the rules/sro.shtml). Copies of the Escobar, Office of Disaster Assistance, Proposed Rule Change Received From submission, all subsequent U.S. Small Business Administration, Members, Participants, or Others amendments, all written statements 409 3rd Street SW., Suite 6050, Written comments were neither with respect to the proposed rule Washington, DC 20416, (202) 205–6734. solicited nor received. change that are filed with the SUPPLEMENTARY INFORMATION: Notice is Commission, and all written hereby given that as a result of the III. Date of Effectiveness of the communications relating to the Administrator’s disaster declaration, Proposed Rule Change and Timing for proposed rule change between the applications for disaster loans may be Commission Action Commission and any person, other than filed at the address listed above or other Because the foregoing proposed rule those that may be withheld from the locally announced locations. change does not: (i) Significantly affect public in accordance with the Incident: Severe Storms, Straight-line the protection of investors or the public provisions of 5 U.S.C. 552, will be Winds, Heavy Rains, Hail and Flooding. interest; (ii) impose any significant available for Web site viewing and Incident Period: 06/30/2017 through burden on competition; and (iii) become printing in the Commission’s Public 07/04/2017. operative for 30 days from the date on Reference Room, 100 F Street NE., The following areas have been which it was filed, or such shorter time Washington, DC 20549, on official determined to be adversely affected by as the Commission may designate, it has business days between the hours of 10 the disaster: become effective pursuant to Section a.m. and 3 p.m. Copies of such filing 19(b)(3)(A) of the Act 15 and Rule 19b– also will be available for inspection and Primary Counties: Hockley. 4(f)(6) thereunder.16 copying at the principal office of Contiguous Counties: Texas. At any time within 60 days of the FINRA. All comments received will be Bailey, Cochran, Hale, Lamb, filing of the proposed rule change, the posted without change; the Commission Lubbock, Lynn, Terry, Yoakum. Commission summarily may does not edit personal identifying The Interest Rates are: temporarily suspend such rule change if information from submissions. You it appears to the Commission that such should submit only information that Percent action is necessary or appropriate in the you wish to make available publicly. All public interest, for the protection of submissions should refer to File For Physical Damage: investors, or otherwise in furtherance of Number SR–FINRA–2017–028 and Homeowners with Credit Avail- the purposes of the Act. If the should be submitted on or before able Elsewhere ...... 3.875 Commission takes such action, the September 22, 2017. Homeowners without Credit Available Elsewhere ...... 1.938 Commission shall institute proceedings For the Commission, by the Division of Businesses with Credit Avail- to determine whether the proposed rule Trading and Markets, pursuant to delegated able Elsewhere ...... 6.430 should be approved or disapproved. authority.17 Businesses Without Credit IV. Solicitation of Comments Eduardo A. Aleman, Available Elsewhere ...... 3.215 Assistant Secretary. Non-Profit Organizations with Credit Available Elsewhere ... 2.500 Interested persons are invited to [FR Doc. 2017–18533 Filed 8–31–17; 8:45 am] Non-Profit Organizations with- submit written data, views and BILLING CODE 8011–01–P arguments concerning the foregoing, out Credit Available Else- including whether the proposed rule where ...... 2.500 For Economic Injury: change is consistent with the Act. SMALL BUSINESS ADMINISTRATION Businesses & Small Agricultural Comments may be submitted by any of Cooperatives without Credit the following methods: [Disaster Declaration # 15267 and # 15268; Available Elsewhere ...... 3.215 TEXAS Disaster Number TX–00485] Electronic Comments: Non-Profit Organizations with- out Credit Available Else- • Use the Commission’s Internet Administrative Declaration of a where ...... 2.500 comment form (http://www.sec.gov/ Disaster for the State of TEXAS rules/sro.shtml); or AGENCY: U.S. Small Business The number assigned to this disaster • Send an email to rule-comments@ Administration. for physical damage is 15267 B and for sec.gov. Please include File Number SR– ACTION: Notice. economic injury is 15268 0. FINRA–2017–028 on the subject line. The States which received an EIDL SUMMARY: This is a notice of an Declaration # are Texas. Paper Comments Administrative declaration of a disaster • (Catalog of Federal Domestic Assistance Send paper comments in triplicate for the State of Texas dated August 24, Number 59008) to Secretary, Securities and Exchange 2017. Dated: August 24, 2017. Commission, 100 F Street NE., DATES: Issued on August 24, 2017. Washington, DC 20549–1090. Physical Loan Application Deadline Linda E. McMahon, Date: 10/23/2017. Administrator. 15 15 U.S.C. 78s(b)(3)(A). [FR Doc. 2017–18625 Filed 8–31–17; 8:45 am] 16 17 CFR 240.19b–4(f)(6). 17 17 CFR 200.30–3(a)(12). BILLING CODE 8025–01–P
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STATE JUSTICE INSTITUTE SDR certifies that its projected annual under 49 CFR 1150.31 to lease and revenues as a result of this transaction operate a 2.8-mile line of railroad SJI Board of Directors Meeting, Notice will not result in the creation of a Class owned by the City of Davenport, Iowa. I or Class II rail carrier and will not The earliest this transaction may be AGENCY: State Justice Institute. exceed $5 million. SDR also states that consummated is September 15, 2017, ACTION: Notice of meeting. there are no provisions or agreements the effective date of the exemption (30 SUMMARY: The SJI Board of Directors limiting interchange with other carriers. days after the verified notice was filed). will be meeting on Monday, September The transaction may be consummated SDR states that it intends to 11, 2017 at 1:45 p.m. The meeting will on or after September 15, 2017, the consummate the transaction in October be held at the Umstead Hotel in Cary, effective date of the exemption (30 days 2017. North Carolina. The purpose of this after the verified notice of exemption Savage is a privately held company meeting is to consider grant applications was filed). If the verified notice contains that controls Savage, Bingham & for the 4th quarter of FY 2017, and other false or misleading information, the Garfield Railroad Company (SBG), a business. All portions of this meeting exemption is void ab initio. Petitions to Class III rail carrier. are open to the public. revoke the exemption under 49 U.S.C. Savage represents that: (1) The rail 10502(d) may be filed at any time. The ADDRESSES: Umstead Hotel, 100 lines of SDR and SBG do not connect filing of a petition to revoke will not Woodland Pond Drive, Cary, NC 27513. with each other; (2) the continuance in automatically stay the effectiveness of control is not part of a series of FOR FURTHER INFORMATION CONTACT: the exemption. Petitions for stay must anticipated transactions that would Jonathan Mattiello, Executive Director, be filed no later than September 8, 2017 connect the rail line to be operated by State Justice Institute, 11951 Freedom (at least seven days before the SDR with any other railroad in Drive, Suite 1020, Reston, VA 20190, exemption becomes effective). applicant’s corporate family; and (3) 571–313–8843, [email protected]. An original and 10 copies of all there are no other rail carriers in the Jonathan D. Mattiello, pleadings, referring to Docket No. FD Savage corporate family.1 Therefore, the Executive Director. 36142, must be filed with the Surface proposed transaction is exempt from the Transportation Board, 395 E Street SW., [FR Doc. 2017–18595 Filed 8–31–17; 8:45 am] prior approval requirements of 49 U.S.C. Washington, DC 20423–0001. In BILLING CODE 6820–SC–P 11323. See 49 CFR 1180.2(d)(2). addition, a copy of each pleading must Under 49 U.S.C. 10502(g), the Board be served on applicant’s representative, may not use its exemption authority to Richard F. Riley Jr., Foley & Lardner SURFACE TRANSPORTATION BOARD relieve a rail carrier of its statutory LLP, 3000 K Street NW., Suite 600, obligation to protect the interests of its [Docket No. FD 36142] Washington, DC 20007–5109. employees. Section 11326(c), however, According to SDR, this action is does not provide for labor protection for Savage Davenport Railroad categorically excluded from transactions under Section 11324 and Company—Lease and Operation environmental review under 49 CFR 11325 that involve only Class III rail Exemption—City of Davenport, Iowa 1105.6(c). carriers. Accordingly, the Board may not Board decisions and notices are Savage Davenport Railroad Company impose labor protective conditions here, available on our website at (SDR), a noncarrier, has filed a verified because all of the carriers involved are WWW.STB.GOV. notice of exemption under 49 CFR Class III carriers. 1150.31 to lease from the City of Decided: August 29, 2017. If the notice contains false or Davenport, Iowa (City) and to operate a By the Board, Rachel D. Campbell, misleading information, the exemption 2.8-mile line of railroad (the Line).1 The Director, Office of Proceedings. is void ab initio. Petitions to revoke the Line extends west and south from a Rena` Laws-Byrum, exemption under 49 U.S.C. 10502(d) point about 75 feet from milepost 191.2 Clearance Clerk. may be filed at any time. The filing of on a CP mainline, near Davenport, Iowa, [FR Doc. 2017–18582 Filed 8–31–17; 8:45 am] a petition to revoke will not to the City-owned Davenport Transload BILLING CODE 4915–01–P automatically stay the effectiveness of Facility.2 the exemption. Stay petitions must be This transaction is related to a filed no later than September 8, 2017 (at concurrently filed verified notice of SURFACE TRANSPORTATION BOARD least seven days before the exemption exemption in Savage Services becomes effective). [Docket No. FD 36142 (Sub-No. 1)] Corporation—Continuance in Control An original and 10 copies of all Exemption—Savage Davenport Railroad Savage Services Corporation— pleadings, referring to Docket No. FD Company, Docket No. FD 36142 (Sub- Continuance in Control Exemption— 36142 (Sub-No. 1) must be filed with the No. 1), in which Savage Services Savage Davenport Railroad Company Surface Transportation Board, 395 E Corporation seeks Board approval to Street SW., Washington, DC 20423– continue in control of SDR upon SDR’s Savage Services Corporation (Savage) 0001. In addition, a copy of each becoming a Class III rail carrier. has filed a verified notice of exemption pleading must be served on applicant’s under 49 CFR 1180.2(d)(2) to continue representative, Richard F. Riley Jr., 1 In addition to leasing the Line from the City, in control of Savage Davenport Railroad Foley & Lardner LLP, 3000 K Street SDR indicates that it is entering into an interchange Company (SDR) upon SDR’s becoming a NW., Suite 600, Washington, DC 20007– agreement with Dakota, Minnesota and Eastern Class III rail carrier. Railroad Corporation, a rail carrier subsidiary of 5109. Canadian Pacific Railway Limited (CP). This transaction is related to a 2 SDR indicates that the Board approved the concurrently filed verified notice of 1 Although Savage does not explicitly state that City’s construction of the subject line in City of exemption in Savage Davenport its transaction will not involve a Class I carrier, see Davenport, Iowa—Construction & Operation Railroad Company—Lease & Operation 49 CFR 1180.2(d)(2)(iii), the Board infers such as Exemption—in Scott County, Iowa, FD 35237 (STB SBG is a Class III carrier, SDR has sought an served April 6, 2011). SDR states that there are no Exemption—City of Davenport, Iowa, exemption under 49 CFR 1150.31 to become a Class mileposts on the subject line but that it may install Docket No. FD 36142. In that III carrier, and there are no other rail carriers in the mileposts at a later date. proceeding, SDR seeks an exemption Savage corporate family.
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Board decisions and notices are public to better inform its rulemaking our intention to request the Office of available on our Web site at process. DOT posts these comments, Management and Budget (OMB) ‘‘WWW.STB.GOV.’’ without edit, including any personal approval to renew an information Decided: August 29, 2017. information the commenter provides, to collection. The information to be By the Board, Rachel D. Campbell, http://www.regulations.gov, as collected will be used to evaluate an Director, Office of Proceedings. described in the system of records applicant’s project and capabilities, Rena‘ Laws-Byrum, notice (DOT/ALL–14 FDMS), which can make the required determinations, and be reviewed at http://www.dot.gov/ administer any agreements executed Clearance Clerk. privacy. upon approval of loan guarantees. We [FR Doc. 2017–18583 Filed 8–31–17; 8:45 am] Docket: Background documents or are required to publish this notice in the BILLING CODE 4915–01–P comments received may be read at Federal Register by the Paperwork http://www.regulations.gov at any time. Reduction Act of 1995. Follow the online instructions for DATES: Comments must be submitted on DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket or before October 31, 2017. Operations in Room W12–140 of the ADDRESSES: Federal Aviation Administration West Building Ground Floor at 1200 You may submit comments identified by Docket No. DOT–MARAD– [Summary Notice No. 2017–63] New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 2017–0151 through one of the following methods: Petition for Exemption; Summary of through Friday, except Federal holidays. • Federal eRulemaking Portal: http:// Petition Received; Vincenzo Tassi FOR FURTHER INFORMATION CONTACT: www.regulations.gov. Search using the Martins: Child Restraint System Brittany Newton, (202) 267–6691, Office above DOT docket number and follow of Rulemaking, Federal Aviation the online instructions for submitting AGENCY: Federal Aviation Administration, 800 Independence comments. Administration (FAA), Department of Avenue SW., Washington, DC 20591. Transportation (DOT). • Fax: 1–202–493–2251 This notice is published pursuant to • ACTION: Notice. 14 CFR 11.85. Mail or Hand Delivery: Docket Management Facility, U.S. Department SUMMARY: This notice contains a Issued in Washington, DC, on August 28, of Transportation, 1200 New Jersey 2017. summary of a petition seeking relief Avenue SE., West Building, Room W12– from specified requirements of Federal Lirio Liu, 140, Washington, DC 20590, between 9 Aviation Regulations. The purpose of Director, Office of Rulemaking. a.m. and 5 p.m., Monday through this notice is to improve the public’s Petition for Exemption Friday, except on Federal holidays. awareness of, and participation in, the Comments are invited on: (a) Whether Docket No.: FAA–2017–0796. FAA’s exemption process. Neither Petitioner: Vincenzo Tassi Martins: the proposed collection of information publication of this notice nor the Child Restraint System. is necessary for the Department’s inclusion or omission of information in Section(s) of 14 CFR Affected: performance; (b) the accuracy of the the summary is intended to affect the 121.311. estimated burden; (c) ways for the legal status of the petition or its final Description of Relief Sought: Department to enhance the quality, disposition. Petitioner seeks an exemption from utility and clarity of the information DATES: Comments on this petition must § 121.311 to the extent necessary to collection; and (d) ways that the burden identify the petition docket number and allow her son to use the CANGURU could be minimized without reducing must be received on or before AX2–30 35 on U.S.-registered aircraft in the quality of the collected information. September 11, 2017. commercial air carrier operations under The agency will summarize and/or include your comments in the request ADDRESSES: Send comments identified part 121. The petitioner states that the CANGURU AX2–30 35 will be securely for OMB’s clearance of this information by docket number FAA–2017–0796 collection. using any of the following methods: strapped in a passenger seat and her son • Federal eRulemaking Portal: Go to will be secured with the internal FOR FURTHER INFORMATION CONTACT: http://www.regulations.gov and follow restraints. Brian Rogers, 202–366–8159, Office of the online instructions for sending your [FR Doc. 2017–18535 Filed 8–31–17; 8:45 am] Marine Financing, Maritime comments electronically. BILLING CODE 4910–13–P Administration, U.S. Department of • Mail: Send comments to Docket Transportation, 1200 New Jersey Operations, M–30; U.S. Department of Avenue SE., Washington, DC 20590. Transportation (DOT), 1200 New Jersey DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Avenue SE., Room W12–140, West Title: Title XI Obligations Maritime Administration Building Ground Floor, Washington, DC Guarantees—46 CFR part 298. 20590–0001. [Docket No. MARAD–2017–0151] OMB Control Number: 2133–0018. • Hand Delivery or Courier: Take Type of Request: Renewal of a comments to Docket Operations in Request for Comments on the Renewal Previously Approved Information Room W12–140 of the West Building of a Previously Approved Information Collection. Ground Floor at 1200 New Jersey Collection: Title XI Obligation Abstract: In accordance with 46 Avenue SE., Washington, DC 20590– Guarantees—46 CFR Part 298 U.S.C. Chapter 537, the Maritime 0001, between 9 a.m. and 5 p.m., AGENCY: Maritime Administration, Administration (MARAD) is authorized Monday through Friday, except Federal Department of Transportation. to execute a full faith and credit holidays. guarantee by the United States of debt • ACTION: Notice and request for Fax: Fax comments to Docket comments. obligations issued to finance or Operations at 202–493–2251. refinance the construction or Privacy: In accordance with 5 U.S.C. SUMMARY: The Maritime Administration reconstruction of vessels. In addition, 553(c), DOT solicits comments from the (MARAD) invites public comments on the program allows for financing
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shipyard modernization and suggestions for reducing the burden, to Dated: August 29, 2017 improvement projects. the Office of Management and Budget, T. Mitchell Hudson, Jr., Respondents: Individuals/businesses Attention: Desk Officer for the Office of Secretary, Maritime Administration. interested in obtaining loan guarantees the Secretary of Transportation, 725 [FR Doc. 2017–18592 Filed 8–31–17; 8:45 am] for construction or reconstruction of 17th Street NW., Washington, DC 20503. BILLING CODE 4910–81–P vessels as well as businesses interested FOR FURTHER INFORMATION CONTACT: in shipyard modernization and Russell Krause, 202–366–1031, Division improvements. of Sealift Operations and Emergency DEPARTMENT OF TRANSPORTATION Affected Public: Individuals/ Response, Maritime Administration, businesses interested in obtaining loan Maritime Administration U.S. Department of Transportation, 1200 guarantees for construction or New Jersey Avenue SE., Washington, [Docket No. MARAD–2017–0152] reconstruction of vessels as well as DC 20590. businesses interested in shipyard Request for Comments on the Renewal modernization and improvements. SUPPLEMENTARY INFORMATION: Comments of a Previously Approved Information Estimated Number of Respondents: are invited on: (a) Whether the proposed Collection: Generic Clearance for the 10. collection of information is necessary Collection of Qualitative Feedback on Estimated Number of Responses: 10. for the Department’s performance; (b) Agency Service Delivery Estimated Hours per Response: 150. the accuracy of the estimated burden; (c) Annual Estimated Total Annual ways for the Department to enhance the AGENCY: Maritime Administration, Burden Hours: 1500. quality, utility and clarity of the Department of Transportation. Frequency of Response: Annually. information collection; and (d) ways ACTION: Notice and request for Authority: The Paperwork Reduction Act that the burden could be minimized comments. of 1995; 44 U.S.C. Chapter 35, as amended; without reducing the quality of the and 49 CFR 1.93. collected information. The agency will SUMMARY: In compliance with the *** summarize and/or include your Paperwork Reduction Act of 1995, this notice announces that the Information By Order of the Maritime Administrator. comments in the request for OMB’s clearance of this information collection. Collection Request (ICR) abstracted Dated: August 29, 2017. below is being forwarded to the Office T. Mitchell Hudson, Jr., Title: Automated Mutual Assistance of Management and Budget (OMB) for Secretary, Maritime Administration. Vessel Rescue System (AMVER). review and comments. The collection [FR Doc. 2017–18594 Filed 8–31–17; 8:45 am] OMB Control Number: 2133–0025. involves collecting, analyzing, and BILLING CODE 4910–81–P Type of Request: Renewal of a interpreting information to identify Previously Approved Information strengths and weaknesses of current Collection. services and make improvements in DEPARTMENT OF TRANSPORTATION Abstract: This collection of service delivery based on feedback. If this information is not collected, vital Maritime Administration information is used to gather information regarding the location of feedback from customers and [Docket No. MARAD–2017–0143] U.S.-flag vessels and certain other U.S. stakeholders on the Agency’s services citizen-owned vessels for the purpose of will be unavailable. A Federal Register Request for Comments on the Renewal search and rescue in the saving of lives Notice with a 60-day comment period of a Previously Approved Information at sea and for the marshalling of ships soliciting comments on the following Collection: Automated Mutual for national defense and safety information collection was published on Assistance Vessel Rescue System purposes. This collection consists of May 19, 2017, (Federal Register 23123, (AMVER) vessels that transmit their positions Vol. 82, No. 96). AGENCY: Maritime Administration, through various electronic means. DATES: Comments must be submitted on Department of Transportation. Respondents: U.S.-flag and U.S. or before October 2, 2017. ACTION: Notice and request for citizen-owned vessels that are required ADDRESSES: Send comments regarding comments. to respond under current statute and the burden estimate, including regulation. suggestions for reducing the burden, to SUMMARY: In compliance with the the Office of Management and Budget, Affected Public: U.S.-flag and U.S. Paperwork Reduction Act of 1995, this Attention: Desk Officer for the Office of citizen-owned vessels that are required notice announces that the Information the Secretary of Transportation, 725 to respond under current statute and Collection Request (ICR) abstracted 17th Street NW., Washington, DC 20503. regulation. below is being forwarded to the Office FOR FURTHER INFORMATION CONTACT: of Management and Budget (OMB) for Estimated Number of Respondents: Barbara Jackson, 202–366–0615, Office review and comments. The collection of 171. of Management and Administrative information is necessary for plotting of Estimated Number of Responses: Services, Maritime Administration, U.S.-flag and U.S.-owned vessel 31293/183 per respondent. Department of Transportation, 1200 locations. A Federal Register Notice Estimated Hours per Response: .07. New Jersey Avenue SE., W26–494, with a 60-day comment period soliciting Annual Estimated Total Annual Washington, DC 20590. comments on the following information Burden Hours: 2,191. SUPPLEMENTARY INFORMATION: Comments collection was published on April 24, Frequency of Response: Annually. are invited on: (a) Whether the proposed 2017 (Federal Register 18966, Vol. 82, collection of information is necessary No.77). Authority: The Paperwork Reduction Act for the Department’s performance; (b) DATES: Comments must be submitted on of 1995; 44 U.S.C. Chapter 35, as amended; the accuracy of the estimated burden; (c) and 49 CFR 1.93. or before October 2, 2017. ways for the Department to enhance the ADDRESSES: Send comments regarding *** quality, utility and clarity of the the burden estimate, including By Order of the Maritime Administrator. information collection; and (d) ways
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that the burden could be minimized Respondents: Individuals and • Mail: Send comments by mail without reducing the quality of the Households, Businesses and addressed to U.S. Department of collected information. The agency will Organizations, State, Local or Tribal Transportation, Docket Operations, M– summarize and/or include your Government. 30, West Building Ground Floor, Room comments in the request for OMB’s Affected Public: Individuals and W12–140, 1200 New Jersey Avenue SE., clearance of this information collection. Households, Businesses and Washington, DC 20590. Title: Generic Clearance for the Organizations, State, Local or Tribal • Hand Delivery: Deliver comments Collection of Qualitative Feedback on Government. by hand to U.S. Department of Agency Service Delivery. Estimated Number of Respondents: Transportation, Docket Operations, M– OMB Control Number: 2133–0543. 8,696. 30, West Building Ground Floor, Room Type of Request: Renewal of a Estimated Number of Responses: W12–140, 1200 New Jersey Avenue SE., Previously Approved Information 8,696. Washington, DC 20590. The Docket Collection. Estimated Hours per Response: 10 Section is open on weekdays from 10 Abstract: The information collection minutes. a.m. to 5 p.m. except Federal Holidays. activity will garner qualitative customer Annual Estimated Total Annual • Electronically: Submit comments and stakeholder feedback in an efficient, Burden Hours: 1,449. electronically by logging onto the timely manner, in accordance with the Frequency of Response: Annually. Federal Docket Management System Administration’s commitment to (FDMS) Web site at https:// improving service delivery. By (Authority: The Paperwork Reduction Act of www.regulations.gov/. Follow the online qualitative feedback we mean 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.93.). instructions for submitting comments. information that provides useful • Comments may also be faxed to insights on perceptions and opinions, * * * * * (202) 493–2251. but are not statistical surveys that yield By Order of the Maritime Administrator. Comments must be written in the quantitative results that can be English language, and be no greater than generalized to the population of study. Dated: August 29, 2017. 15 pages in length, although there is no This feedback will provide insights into T. Mitchell Hudson, Jr., limit to the length of necessary customer or stakeholder perceptions, Secretary, Maritime Administration. attachments to the comments. If experiences and expectations, provide [FR Doc. 2017–18593 Filed 8–31–17; 8:45 am] comments are submitted in hard copy an early warning of issues with service, BILLING CODE 4910–81–P or focus attention on areas where form, please ensure that two copies are communication, training or changes in provided. If you wish to receive operations might improve delivery of DEPARTMENT OF TRANSPORTATION confirmation that comments you have products or services. These collections submitted by mail were received, please will allow for ongoing, collaborative and National Highway Traffic Safety enclose a stamped, self-addressed actionable communications between the Administration postcard with the comments. Note that all comments received will be posted Agency and its customers and [Docket No. NHTSA–2017–0072; Notice 1] stakeholders. It will also allow feedback without change to https:// to contribute directly to the Jaguar Land Rover North America, www.regulations.gov, including any improvement of program management. LLC, Receipt of Petition for Decision of personal information provided. Feedback collected under this generic Inconsequential Noncompliance All comments and supporting clearance will provide useful materials received before the close of information, but it will not yield data AGENCY: National Highway Traffic business on the closing date indicated that can be generalized to the overall Safety Administration (NHTSA), above will be filed in the docket and population. This type of generic Department of Transportation (DOT). will be considered. All comments and clearance for qualitative information ACTION: Receipt of petition. supporting materials received after the will not be used for quantitative closing date will also be filed and will information collections that are SUMMARY: Jaguar Land Rover North be considered to the fullest extent designed to yield reliably actionable America, LLC (JLR), on behalf of Jaguar possible. results, such as monitoring trends over Land Rover Limited, has determined When the petition is granted or time or documenting program that certain model year (MY) 2012–2018 denied, notice of the decision will also performance. Such data uses require Jaguar motor vehicles do not fully be published in the Federal Register more rigorous designs that address: the comply with Federal Motor Vehicle pursuant to the authority indicated at target population to which Safety Standard (FMVSS) No. 135, Light the end of this notice. generalizations will be made, the Vehicle Brake Systems. JLR filed a All comments, background sampling frame, the sample design noncompliance report dated June 22, documentation, and supporting (including stratification and clustering), 2017. JLR also petitioned NHTSA on materials submitted to the docket may the precision requirements or power July 20, 2017, for a decision that the be viewed by anyone at the address and calculations that justify the proposed subject noncompliance is times given above. The documents may sample size, the expected response rate, inconsequential as it relates to motor also be viewed on the Internet at https:// methods for assessing potential non- vehicle safety. www.regulations.gov by following the response bias, the protocols for data DATES: The closing date for comments online instructions for accessing the collection, and any testing procedures on the petition is October 2, 2017. dockets. The docket ID number for this that were or will be undertaken prior to ADDRESSES: Interested persons are petition is shown in the heading of this fielding the study. Depending on the invited to submit written data, views, notice. degree of influence the results are likely and arguments on this petition. DOT’s complete Privacy Act to have, such collections may still be Comments must refer to the docket and Statement is available for review in a eligible for submission for other generic notice number cited in the title of this Federal Register notice published on mechanisms that are designed to yield notice and submitted by any of the April 11, 2000, (65 FR 19477–78). quantitative results. following methods: SUPPLEMENTARY INFORMATION:
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I. Overview: Jaguar Land Rover North Compliance. The communication No. 135, Light Vehicle Brake Systems, America, LLC (JLR), on behalf of Jaguar highlighted a concern where the brake S5.4.3(a) with a new filler cap. Land Rover Limited, has determined reservoir label was not permanently JLR concluded by expressing the that certain model year (MY) 2012–2018 affixed to the brake fluid reservoir as belief that the subject noncompliance is Jaguar motor vehicles do not fully required by FMVSS No. 135, Light inconsequential as it relates to motor comply with Federal Motor Vehicle Vehicle Brake Systems. On June 13, vehicle safety, and that its petition to be Safety Standard (FMVSS) No. 135, Light 2017, JLR’s PSCC concluded that the exempted from providing notification of Vehicle Brake Systems. JLR filed a concern should be progressed to the the noncompliance, as required by 49 noncompliance report dated June 22, Recall Determination Committee (RDC). U.S.C. 30118, and a remedy for the 2017, pursuant to 49 CFR part 573, The RDC reviewed all information on noncompliance, as required by 49 Defect and Noncompliance June 15, 2017, and concluded that the U.S.C. 30120, should be granted. Responsibility and Reports. JLR also issue represented a compliance concern NHTSA notes that the statutory petitioned NHTSA on July 20, 2017, to FMVSS No. 135, Light Vehicle Brake provisions (49 U.S.C. 30118(d) and pursuant to 49 U.S.C. 30118(d) and Systems, but that the condition was 30120(h)) that permit manufacturers to 30120(h) and 49 CFR part 556, for an considered inconsequential and file petitions for a determination of exemption from the notification and requested that a petition for decision of inconsequentiality allow NHTSA to remedy requirements of 49 U.S.C. inconsequential noncompliance be filed exempt manufacturers only from the Chapter 301 on the basis that this with NHTSA. duties found in sections 30118 and noncompliance is inconsequential as it JLR described the subject 30120, respectively, to notify owners, relates to motor vehicle safety. noncompliance and stated its belief that purchasers, and dealers of a defect or This notice of receipt of JLR’s petition the noncompliance is inconsequential noncompliance and to remedy the is published under 49 U.S.C. 30118 and as it relates to motor vehicle safety. defect or noncompliance. Therefore, any 30120 and does not represent any In support of its petition, JLR decision on this petition only applies to agency decision or other exercise of submitted the following reasoning: the subject vehicles that JLR no longer judgment concerning the merits of the 1. The installed label will not fall off controlled at the time it determined that petition. or become displaced during normal the noncompliance existed. However, II. Vehicles Involved: Approximately vehicle use or operation. any decision on this petition does not 126,127 of the following Jaguar motor 2. The installed label provides relieve vehicle distributors and dealers vehicles, manufactured between mechanical resistance to being removed. of the prohibitions on the sale, offer for February 8, 2012, and June 19, 2017, are 3. There is interference between the sale, or introduction or delivery for potentially involved: installed label and reservoir filler neck introduction into interstate commerce of • 2017–2018 Jaguar F-Pace such that a minimum of 2mm the noncompliant vehicles under their • 2017–2018 Jaguar XE interference exists. control after JLR notified them that the • 2017–2018 Jaguar XF 4. The installed label is only able to subject noncompliance existed. • 2014–2018 Jaguar F–TYPE be removed when the brake fluid • reservoir cap is displaced which, based Authority: (49 U.S.C. 30118, 30120: 2013–2017 Jaguar XJ delegations of authority at 49 CFR 1.95 and • 2012–2015 Jaguar XK on routine maintenance schedules, is 501.8) III. Noncompliance: JLR explains that once every 3 years in service. 5. The filler cap shows clearly the Jeffrey M. Giuseppe, the noncompliance is that the brake specification of brake fluid required. fluid warning statement label on the Director, Office of Vehicle Safety Compliance. 6. The filler cap provides clear subject vehicles is not permanently [FR Doc. 2017–18627 Filed 8–31–17; 8:45 am] symbols including one for caution and affixed as required by paragraph BILLING CODE 4910–59–P one referring to handbook instructions. S5.4.3(a) of FMVSS No. 135. The owner’s handbook descriptions Specifically, JLR installed a label that indicate the proper brake fluid fits over the neck of the brake fluid DEPARTMENT OF TRANSPORTATION specification to be used in the vehicle. reservoir that can be removed when the 7. The installed cap conforms to the National Highway Traffic Safety brake fluid reservoir cap is removed. requirements of ISO9128:2006 which is Administration IV. Rule Text: Paragraph S5.4.3(a) of a requirement of UN–ECE Regulation 13 FMVSS No. 135 states, in pertinent part: [Docket No. NHTSA–2016–0094; Notice 2] and 13h. NHTSA has previously granted S5.4.3 Reservoir labeling. Each vehicle petitions to accept ISO symbols in the Michelin North America, Inc., Denial of equipped with hydraulic brakes shall have a absence of FMVSS labelling: Petition for Decision of brake fluid warning statement that reads as a. Jaguar Land Rover petition 1 Inconsequential Noncompliance follows, in letters at least 3.2 mm ( ⁄8 inch) regarding controls and displays high: ‘‘WARNING: Clean filler cap before AGENCY: National Highway Traffic removing. Use only ____fluid from a sealed including brake system-related telltales container.’’ (inserting the recommended type (FR Vol.78, No. 213 Pg. 66101–66103). Safety Administration (NHTSA), of brake fluid as specified in 49 CFR 571.116, b. Ford petition regarding controls Department of Transportation (DOT). e.g., ‘‘DOT 3.’’) The lettering shall be. . . and displays including brake system- ACTION: Denial of petition. ... related telltales (FR Vol. 78, No. 225 Pg (a) Permanently affixed, engraved or 69931–69932) SUMMARY: Michelin North America, Inc. embossed;. . . c. Hyundai petition regarding lower (MNA), has determined that certain V. Summary of JLR’s Petition: As anchorage identification (FR Vol. 73, MNA tires do not fully comply with background, in JLR’s noncompliance No. 129 Pg. 38290–38291). Federal Motor Vehicle Safety Standard report, JLR stated that a Product Safety 8. JLR has not received any customer (FMVSS) No. 119, New pneumatic tires and Compliance Committee (PSCC) complaints on this issue. for motor vehicles with a GVWR of more Investigation was opened on June 6, 9. There have been no accidents or than 4,536 kilograms (10,000 pounds) 2017, following communication from a injuries as a result of this issue. and motorcycles. MNA filed a safety compliance engineer from 10. Vehicle production has been noncompliance report dated September NHTSA’s Office of Vehicle Safety corrected to fully conform to FMVSS 1, 2016. MNA then petitioned NHTSA
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on September 8, 2016, for a decision each sidewall with the information specified inflation pressure recommended by the that the subject noncompliance is in paragraphs (a) through (j) of this motorcycle manufacturer . . . The proper inconsequential as it relates to motor section. . . inflation pressures for your motorcycle tires vehicle safety. (d) The maximum load rating and are shown in your motorcycle owner’s corresponding inflation pressure of the tire, manual.’’ ADDRESSES: For further information on shown as follows: 4. According to MNA, the applicable this decision contact Abraham Diaz, (Mark on tires rated for single and dual pressure is also a function of the maximum Office of Vehicle Safety Compliance, the load): Max load single __kg (__lb) at __kPa (_ speed capability of the motorcycle, another National Highway Traffic Safety _psi) cold. Max load dual __kg (__lb) at __kPa reason that the proper source for tire inflation Administration (NHTSA), telephone (__psi) cold. pressure is the motorcycle vehicle placard or (Mark on tires rated only for single load): owner’s manual rather than the tire sidewall. (202) 366–5310, facsimile (202) 366– ______3081. Max load kg ( lb) at kPa ( psi) 5. Michelin’s Professional Motorcycle Tire cold. . . Guide 2016 and the Motorcycle Industry Tire SUPPLEMENTARY INFORMATION: Guide both advise not to exceed the pressure V. Summary of MNA’s Petition marked on the sidewall when setting a usage I. Overview MNA described the subject pressure. MNA also notes, the recommended Michelin North America, Inc. (MNA), noncompliance and contends that the pressure on the motorcycle vehicle placard has determined that certain MNA tires noncompliance is inconsequential for and the motorcycle owner’s manual do not fully comply with paragraph motor vehicle safety. conforming to 49 CFR 571.120 will never In support of its petition, MNA exceed the sidewall pressure for a properly S6.5(d) of Federal Motor Vehicle Safety fitted tire as described above in section ‘‘A’’ Standard (FMVSS) No. 119, New submitted the following reasoning: (Installation). The tire size, load index, speed pneumatic tires for motor vehicles with A. Installation—The subject tires symbol, and load range all provide for proper a GVWR of more than 4,536 kilograms provide sidewall markings that include installation. Additionally, MNA states that (10,000 pounds) and motorcycles. MNA the correct industry standard tire size the sidewall pressure is not a ‘‘maximum’’ filed a noncompliance report dated identified as ‘‘180/55ZR17 M/C,’’ the pressure. It is the pressure corresponding to September 1, 2016, pursuant to 49 CFR service description identified as the maximum load. For example, Michelin’s part 573, Defect and Noncompliance ‘‘(73W)’’ using an ISO load index and Professional Motorcycle Tire Guide 2016 Responsibility and Reports. MNA then speed symbol, and the load range advises that the pressure regulator be set at 60 psi for mounting motorcycle tires, and the petitioned NHTSA on September 8, identified as Load Range ‘‘B.’’ This properly and precisely identifies the tire Michelin motorcycle Web site FAQ’s explain 2016, pursuant to 49 U.S.C. 30118(d) that up to 60 psi of pressure can be used to and 30120(h) and their implementing for correct installation. B. Inflation Pressure—MNA points seat beads when mounting motorcycle tires regulations at 49 CFR part 556, for an and then adjusted to the recommended exemption from the notification and out that the correct application pressure found on the vehicle placard or remedy requirements of 49 U.S.C. pressures for the front and rear positions owner’s manual. The sidewall pressure Chapter 301 on the basis that this are identified on the motorcycle vehicle corresponding to the maximum load on the noncompliance is inconsequential as it placard as required by 49 CFR part 567 subject tire is 290 kPa or 42 psi. relates to motor vehicle safety. and in the owner’s manual, and these C. Max Load Information—MNA Notice of receipt of the petition was sources are referred to specifically in argues that the maximum load value published, with a 30-day public information published by NHTSA, corresponding to the ISO load index on comment period, on November 10, 2016 motorcycle manufacturers, and tire the tire is published in Michelin’s in the Federal Register (81 FR 79093). manufacturers. The inflation pressures Professional Motorcycle Tire Guide No comments were received. To view furnished by the motorcycle 2016 available online, the Motorcycle the petition and all supporting manufacturer via these two sources are Industry Council Tire Guide available documents log onto the Federal Docket the pressures that provide the load online, as well as a number of retail Management System (FDMS) Web site capacity and the motorcycle sites. The ISO load index of ‘‘73’’ and at: https://www.regulations.gov/. Then manufacturer’s intended ride and the designation Load Range ‘‘B’’ that are follow the online search instructions to handling characteristics for the specific present on the tire provide load locate docket number ‘‘NHTSA–2016– motorcycle involved. MNA stressed that description information, and along with 0094.’’ the sidewall marking omitted from the the tire size they provide a clear cross tires at issue is not the recommended II. Tires Involved reference to the cited publications that operating inflation pressure and that offer the load value in pounds if needed. Affected are approximately 184 this fact is well known to motorcycle Again, in MNA’s view, the tire size and Michelin Pilot Power 3 size 180/55ZR17 owners. load range provided are sufficient to M/C (73W) replacement motorcycle tires 1. For example, MNA observes that assure the tire is appropriate for the manufactured between April 17, 2016, NHTSA’s online ‘‘Motorcycle Safety Tips’’ motorcycle and the corresponding and May 7, 2016. specifically refers to the owner’s manual and inflation pressure requirements as a vehicle placard: ‘‘Look in your motorcycle function of speed capability are III. Noncompliance owner’s manual to find the right PSI (pounds displayed on the vehicle’s placard as MNA describes the noncompliance as per square inch) of air pressure for your tires. Some bike manufacturers also list this well as the owner’s manual. the inadvertent omission of the information on the bike itself. Common D. Other Markings—MNA notes that markings designating the maximum locations include the swing arm, front fork all other markings conform to the load and corresponding inflation tubes, inside the trunk, and under the seat.’’ applicable regulations. pressure for that load, as required by 2. Additionally, MNA argues that the E. Performance—The MNA petition paragraph S6.5(d) of FMVSS No. 119. Motorcycle Industry Council Tire Guide also observes that the subject tire meets explains, ‘‘Check the air pressure when the all performance requirements of FMVSS IV. Rule Text tires are cold . . . and adjust it according to your motorcycle owner’s manual or the tire No. 119. Paragraph S6.5(d) of FMVSS No. 119 MNA concluded by expressing the provides, in pertinent part: information label on the chain guard, frame, or swingarm.’’ belief that the subject noncompliance is S6.5 Tire markings. Except as specified in 3. Similarly, Michelin’s Professional inconsequential to motor vehicle safety, this paragraph, each tire shall be marked on Motorcycle Tire Guide 2016 states: ‘‘Use the and that its petition for exemption from
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providing notification of the size, speed symbol, and load index. It is tel.: 202/622–2490, Assistant Director noncompliance, as required by 49 far more reasonable to expect the for Licensing, tel.: 202/622–2480, Office U.S.C. 30118, and a remedy for the vehicle user to overload a tire without of Foreign Assets Control, or Chief noncompliance, as required by 49 the explicit guidance provided by the Counsel (Foreign Assets Control), tel.: U.S.C. 30120, should be granted. required sidewall markings. NHTSA 202/622–2410, Office of the General NHTSA’s Decision believes it is necessary to label the tire Counsel, Department of the Treasury to ensure the end user is adequately (not toll free numbers). NHTSA’s Analysis: NHTSA has informed about the maximum capability SUPPLEMENTARY INFORMATION: reviewed Michelin’s petition and has of the tire. Failing to provide load and determined that the petitioner has not pressure information, both in English Electronic Availability met the burden of persuasion that the and Metric units, presents a safety risk The SDN List and additional subject noncompliance is because users are deprived the information concerning OFAC sanctions inconsequential to motor vehicle safety. information needed to properly install, programs are available from OFAC’s Specifically, failing to mark the use, and service the tire. Web site (www.treas.gov/ofac). maximum load and corresponding NHTSA’s Decision: In consideration Notice of OFAC Actions inflation pressure for that load in both of the foregoing, NHTSA finds that Metric and English units on the sidewall MNA has not met its burden of The following person is removed from of the tires puts an enormous burden on persuasion that the subject FMVSS No. the SDN List, effective as of August 22, end users to ensure that the subject tires 119 noncompliance is inconsequential 2017. will be properly installed, used, and to motor vehicle safety. Accordingly, Individual serviced in accordance with the tire’s NHTSA hereby denies MNA’s petition maximum capability. In the FMVSS No. and MNA is consequently obligated to 1. SCHNEIDER, Daniel Martin (a.k.a. 119 final rule (Nov. 13, 1973; 38 FR provide notification of, and a free SCHNEIDER, Martin Daniel), zum 31299), the Agency explained the remedy for, that noncompliance under Gruehlingsstollen 1A, Friedrichstahl 66299, Germany; Rosenstrasse 2, Friedrichstahl purpose of labeling the subject tires 49 U.S.C. 30118 and 30120. with maximum load and pressure. The 66299, Germany; Petrusstrasse 32, final rule states: Authority: (49 U.S.C. 30118, 30120: Herrensohr Dudweiler, Saarbruecken 66125, delegations of authority at 49 CFR 1.95 and Germany; DOB 09 Sep 1985; POB The trucking industry questioned the 501.8) Neunkirchen, Germany; citizen Germany; advisability of labeling maximum inflation Passport 2318047793 (Germany); Federal ID and load rating on the tire because it Jeffrey M. Giuseppe, Card 2318229333; currently incarcerated at appeared to prohibit the adjustment of Acting Associate Administrator, Enforcement. Schwalmstadt, Germany (individual) [SDGT]. pressures to road conditions. The purpose of [FR Doc. 2017–18628 Filed 8–31–17; 8:45 am] the labeling is to . . . warn the user of the Dated: August 22, 2017. tire’s maximum capabilities.’’ BILLING CODE 4910–59–P Andrea Gacki, Furthermore, in the same rulemaking, the Acting Director, Office of Foreign Assets Agency provided relief to manufacturers by Control. accepting the commenters’ proposal to have DEPARTMENT OF THE TREASURY [FR Doc. 2017–18080 Filed 8–31–17; 8:45 am] the information only required on one side of M/C tires: ‘‘Several manufacturers suggested Office of Foreign Assets Control BILLING CODE 4810–AL–P that labeling appear on only one side of a tire when both sides of the tire, as mounted, will Sanctions Action Pursuant to an be available for inspection. Accordingly, Executive Order Issued on September DEPARTMENT OF THE TREASURY motorcycle tires must now be labeled on one 23, 2001, Titled ‘‘Blocking Property and side wall only, . . . Office of Foreign Assets Control Prohibiting Transactions With Persons The complete lack of maximum load Who Commit, Threaten To Commit, or Notice of OFAC Sanctions Action and corresponding inflation pressure Support Terrorism’’ information on the subject Michelin AGENCY: Office of Foreign Assets motorcycle tires creates a potential AGENCY: Office of Foreign Assets Control, Treasury. safety hazard to the end users of these Control, Treasury. ACTION: Notice. tires. NHTSA reiterates that marking ACTION: Notice. tires with the maximum load and SUMMARY: The Department of the SUMMARY: corresponding inflation pressure is The Department of the Treasury’s Office of Foreign Assets necessary for achieving the following: Treasury’s Office of Foreign Assets Control (OFAC) is publishing the name (A) Proper installation on the vehicle— Control (OFAC) is removing the name of of one person that has been placed on in this case a motorcycle, (B) proper one individual, whose property and OFAC’s Specially Designated Nationals inflation pressure even when interests in property have been blocked and Blocked Persons List based on application pressures for the front and pursuant to an executive order issued OFAC’s determination that one or more rear positions are identified on the on September 23, 2001, titled ‘‘Blocking applicable legal criteria were satisfied. motorcycle vehicle placard or vehicle Property and Prohibiting Transactions All property and interests in property owner’s manual, and (C) proper usage With Persons Who Commit, Threaten To subject to U.S. jurisdiction of this because the tire size, speed symbol, and Commit, or Support Terrorism,’’ from person are blocked, and U.S. persons are load index do not adequately or easily the list of Specially Designated generally prohibited from engaging in convey the maximum load and pressure Nationals and Blocked Persons (SDN transactions with them. List). capability of a tire. Tire size, speed DATES: See SUPPLEMENTARY INFORMATION symbol, and load index are indicators DATES: OFAC’s action described in this section for effective date. that may be useful for technical notice was taken on August 22, 2017. FOR FURTHER INFORMATION CONTACT: professionals in the field; however, it is FOR FURTHER INFORMATION CONTACT: OFAC: Associate Director for Global unreasonable to expect a typical end Associate Director for Global Targeting, Targeting, tel.: 202–622–2420; Assistant user to identify the maximum load and tel.: 202/622–2420, Assistant Director Director for Sanctions Compliance & pressure using only the markings of tire for Sanctions Compliance & Evaluation, Evaluation, tel.: 202–622–2490;
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Assistant Director for Licensing, tel.: Tours of VA facilities are closed, to Montgomery VA Medical Center/ 202–622–2480; Assistant Director for protect Veterans’ privacy and personal Muskogee Regional Benefit Office/Fort Regulatory Affairs, tel. 202–622–4855; information. The site visit will also Gibson National Cemetery leadership, or the Department of the Treasury’s include a town hall meeting for women from 8:30 a.m. to 9:30 a.m. The Office of the General Counsel: Office of Veterans and those who provide Committee will have an open session, as the Chief Counsel (Foreign Assets services to women Veterans. it conducts a town hall meeting with the Control), tel.: 202–622–2410. The purpose of the Committee is to women Veterans and other stakeholders. SUPPLEMENTARY INFORMATION: advise the Secretary of Veterans Affairs The town hall meeting will begin at regarding the needs of women Veterans 10:00 a.m. and end promptly at noon. Electronic Availability with respect to health care, With the exception of the town hall The Specially Designated Nationals rehabilitation, compensation, outreach, meeting, there will be no time for public and Blocked Persons List and additional and other programs and activities comment during the meeting. Members information concerning OFAC sanctions administered by VA designed to meet of the public may submit written programs are available on OFAC’s Web such needs. The Committee makes statements for the Committee’s review site (www.treasury.gov/ofac). recommendations to the Secretary to [email protected], or by fax at (202) regarding such programs and activities. 273–7092. Any member of the public Notice of OFAC Action On Monday September 18, the wishing to attend or seeking additional On August 29, 2017, OFAC Committee will convene an open information should contact Shannon L. determined that the property and session at the Jack C. Montgomery VA Middleton at (202) 461–6193. interests in property subject to U.S. Medical Center, 1011 Honor Heights Dated: August 29, 2017. Drive, Muskogee, OK 74401, in jurisdiction of the following person are Jelessa M. Burney, blocked under the relevant sanctions Downing Room, Room 2B–54, from 9:00 a.m. to 4:00 p.m. The agenda will Federal Advisory Committee Management authority listed below. Officer. include overview briefings from the Jack Individual C. Montgomery VA Medical Center [FR Doc. 2017–18573 Filed 8–31–17; 8:45 am] AL–MANSUR, Salim Mustafa Muhammad leadership on the facilities, programs, BILLING CODE P (a.k.a. MANSUR AL–IFRI, Salim Mustafa demographics, women Veterans Muhammad; a.k.a. MANSUR, Salim; a.k.a. programs, and other services available MUSTAFA, Salim Mansur; a.k.a. ‘‘AL–IFRI, DEPARTMENT OF VETERANS for Veterans in Muskogee. AFFAIRS Saleem’’; a.k.a. ‘‘AL–SHAKLAR, Hajji On the morning of Tuesday, Salim’’), Mersin, Turkey; Istanbul, Turkey; September 19, the Committee will Disposition of Enhanced-Use Leased Adana, Turkey; DOB 1959; nationality Iraq; convene an open session at the Jack C. Gender Male (individual) [SDGT] (Linked To: Property at the U.S. Department of ISLAMIC STATE OF IRAQ AND THE Montgomery VA Medical Center, 1011 Veterans Affairs (VA)—Brecksville, LEVANT). Honor Heights Drive, Muskogee, OK Ohio, Campus Known as 10000 74401, in Downing Room, Room 2B–54, Designated pursuant to section 1(c) of Brecksville Road, Brecksville, OH from 9:00 a.m. to 12:00 p.m. The agenda 44141 Executive Order 13224 of September 23, will include a continuation of briefings 2001, ‘‘Blocking Property and from the Jack C. Montgomery VA AGENCY: U.S. Department of Veterans Prohibiting Transactions With Persons Medical Center leadership on the Affairs. Who Commit, Threaten to Commit, or facilities, programs, demographics, ACTION: Notice of intent to dispose of Support Terrorism’’ (E.O. 13224) for women Veterans programs, and other real property during the term of an acting for or on behalf of ISLAMIC services available for Veterans in Enhanced-Use Lease (EUL). STATE OF IRAQ AND THE LEVANT, a Muskogee. In the afternoon, from 1:00 person determined to be subject to E.O. p.m. to 4:00 p.m., the Committee will SUMMARY: The Secretary of Veterans 13224. reconvene a closed session, as it tours Affairs intends to dispose of Dated: August 29, 2017. the Jack C. Montgomery VA Medical approximately 102 acres of property at the VA Medical Center in Brecksville, John E. Smith, Center, 1011 Honor Heights Drive, Muskogee, OK 74401. Ohio, which is currently being leased by Director, Office of Foreign Assets Control. the City of Brecksville. The Secretary [FR Doc. 2017–18581 Filed 8–31–17; 8:45 am] On Wednesday, September 20, the Committee will convene closed has determined that VA no longer needs BILLING CODE 4810–AL–P sessions, as it tours the Fort Gibson such property, and that a transfer to the National Cemetery (1423 Cemetery City of Brecksville of all right, title, and Road, Fort Gibson, OK 74434) and the interest of the United States in the DEPARTMENT OF VETERANS Muskogee Regional Benefit Office (125 property would be in the best interest of AFFAIRS South Main Street, Muskogee, OK VA. FOR FURTHER INFORMATION CONTACT: Advisory Committee on Women 74401). Edward L. Bradley III, Office of Asset Veterans, Notice of Meeting On Thursday, September 21, the Committee will convene a closed Enterprise Management (044), The Department of Veterans Affairs session, as it tours the Ernest Childers Department of Veterans Affairs, 810 (VA) gives notice under the Federal VA Outpatient Clinic, 9322 E. 41st Vermont Avenue NW., Washington, DC Advisory Committee Act that the Street, Tulsa, OK 74145. Additionally, 20420, (202) 461–7778 (this is not a toll- Advisory Committee on Women the Committee will convene a closed free number). Veterans (Committee) will conduct a session, as it tours the Tulsa Vet Center, SUPPLEMENTARY INFORMATION: The site visit on September 18–22, 2016, in 14002 E. 21st Street, Tulsa, OK 74134. subject property consists of Muskogee, OK. Sessions are open to the On the morning of Friday, September approximately 102 acres of land and public, except when the Committee is 22, the Committee will convene an open improvements leased under a 75-year conducting tours of VA facilities, session at the Muskogee Civic Center, enhanced-use lease executed on Oct. 1, participating in off-site events, and 425 Boston St, Muskogee, OK 74401, as 2009, which is currently leased to the participating in workgroup sessions. it conducts an out-briefing with Jack C. City of Brecksville. Section 8164 of title
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38, U.S.C., authorizes the Secretary, notice of intent to dispose of the subject S. Farrisee, Deputy Chief of Staff, either during or within 30 days after the leased property as required by section Department of Veterans Affairs, end of the lease term, to dispose of 8164 of title 38, U.S.C. approved this document on August 24, enhanced-use leased property to the Signing Authority 2017, for publication. lessee, if the Secretary determines that Dated: August 24, 2017. the leased property is no longer needed The Secretary of Veterans Affairs, or by the Department, and that the disposal designee, approved this document and Jeffrey Martin, under that section, rather than via authorized the undersigned to sign and Office Program Manager, Office of Regulation section 8118 or 8122 of such title, is in submit the document to the Office of the Policy & Management, Office of the Secretary, the best interests of the Department. The Federal Register for publication Department of Veterans Affairs. Secretary has made those electronically as an official document of [FR Doc. 2017–18519 Filed 8–31–17; 8:45 am] determinations, and is providing this the Department of Veterans Affairs. Gina BILLING CODE 8320–01–P
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Part II
Department of Health and Human Services
Centers for Medicare & Medicaid Services Medicare Program; Recognition of Revised NAIC Model Standards for Regulation of Medicare Supplemental Insurance; Notice
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DEPARTMENT OF HEALTH AND from the Federal government. many health care services and supplies, HUMAN SERVICES Beneficiaries can also choose to get their but beneficiaries are responsible for the Part A and Part B benefits through out-of-pocket expenses described Centers for Medicare & Medicaid private health plans that contract with previously. As such, most beneficiaries Services Medicare. Most of these contracts are choose to obtain some type of additional [CMS–4177–N] under Part C of Medicare, the Medicare coverage to pay some of the costs not Advantage (MA) Program. covered by Original Medicare. For Medicare Program; Recognition of While Medicare provides extensive people who do not have coverage from Revised NAIC Model Standards for benefits, it is not designed to cover the a current or previous employer that Regulation of Medicare Supplemental total cost of medical care for Medicare performs this function, or who do not Insurance beneficiaries. Under Original Medicare, qualify for Medicaid, the most common even if the items or services are covered coverage is Medicare supplemental AGENCY: Centers for Medicare & by Medicare, most beneficiaries are insurance (also called Medigap). Some Medicaid Services (CMS), HHS. responsible for various deductibles, beneficiaries may also try to defray ACTION: Notice. coinsurance, and in some cases some expenses with hospital indemnity copayment amounts. insurance, nursing home or long-term SUMMARY: This notice announces the care insurance, or specified disease (for 1. Deductibles changes made by the Medicare Access example, cancer) insurance. and CHIP Reauthorization of 2015 Under Original Medicare, a (MACRA) to section 1882 of the Social beneficiary with Part A is generally B. Medicare Supplemental Insurance Security Act (the Act), which governs responsible for the Part A inpatient A Medicare supplemental (Medigap) Medicare supplemental insurance. This hospital deductible for each benefit policy is a health insurance policy sold notice also recognizes that the Model period. A benefit period is the period by private insurance companies Regulation adopted by the National beginning on the first day of specifically to fill ‘‘gaps’’ in Original Association of Insurance Commissioners hospitalization and extending until the Medicare coverage. A Medigap policy (NAIC) on August 29, 2016, is beneficiary has not been an inpatient of typically provides coverage for some or considered to be the applicable NAIC a hospital or skilled nursing facility for all of the deductible and coinsurance Model Regulation for purposes of 60 consecutive days. The inpatient amounts applicable to Medicare-covered section 1882 of the Act, subject to our hospital deductible is updated annually services, and sometimes covers items clarifications that are set forth in this in accordance with a statutory formula. and services that are not covered by notice. The inpatient hospital deductible for Medicare. Section 1882(d)(3)(A)(i) of the DATES: Amendments made by section calendar year (CY) 2016 was $1,288.00 Act specifies that a party may not sell 401 of MACRA apply to issuers of and for CY 2017 it is $1,316.00. a Medigap policy with knowledge that Medigap policies for policies issued on A beneficiary with Part B is the policy duplicates health benefits or after January 1, 2020. responsible for the Part B deductible for which the applicant is otherwise FOR FURTHER INFORMATION CONTACT: each calendar year. The deductible is entitled to, including from Medicaid Derrick Claggett, (410) 786–2113. indexed to increase with the average programs that cover Medicare cost- sharing (for example, the Qualified SUPPLEMENTARY INFORMATION: cost of Part B services for aged beneficiaries. The Part B deductible for Medicare Beneficiary Program), MA I. Background CY 2016 was $166.00 and for CY 2017 plans, and individual market plans. it is $183.00. Section 1882 of the Act sets forth A. The Medicare Program requirements and standards that govern The Medicare program was 2. Coinsurance the sale of Medigap policies. It established by Congress in 1965 with As previously stated, beneficiaries are incorporates by reference, as part of the the enactment of title XVIII of the Social generally responsible for paying statutory requirements, certain Security Act (the Act). The program coinsurance for covered items and minimum standards established by the provides payment for certain medical services. For example, the coinsurance National Association of Insurance expenses for persons 65 years of age or applicable to physicians’ services under Commissioners (NAIC). These minimum older, certain disabled individuals, Part B is generally 20 percent of the standards, known as the NAIC Model persons with end-stage renal disease Medicare-approved amount for the Standards are found in the ‘‘Model (ESRD), and certain individuals exposed service(s). If a physician or certain other Regulation to Implement the NAIC to environmental health hazards. suppliers accept assignment, the Medicare Supplement Insurance Medicare has three types of benefits. beneficiary is only responsible for the Minimum Standards Act’’ (NAIC The Hospital Insurance Program (Part A) coinsurance amount. When Model), initially adopted by the NAIC covers inpatient care. The beneficiaries receive covered services on June 6, 1979, and revised Supplementary Medical Insurance from physicians or other suppliers who periodically to reflect subsequent Program (Part B) covers a wide range of do not accept assignment of their Federal legislative changes. (For medical services, including physicians’ Medicare claims, beneficiaries may also additional information, see section services and outpatient hospital be responsible for some amounts in 1882(g)(2)(A) of the Act.) services, as well as equipment and excess of the Medicare approved Under section 1882 of the Act, supplies, such as prosthetic devices. amount (excess charges). Medigap policies generally may not be The Voluntary Prescription Drug Benefit sold unless they conform to the Program (Part D) covers outpatient 3. Non-Covered Services standardized benefit packages that have prescription drugs not otherwise Some items and services are not been defined and designated by the covered by Part B. covered under either Part A or Part B; NAIC. The 10 original standardized Beneficiaries can get their Part A and for example, custodial nursing home plans were created in accordance with Part B benefits in two ways. Under care, most dental care, eyeglasses, and the Omnibus Budget Reconciliation Act Original Medicare, beneficiaries get items or services furnished outside the of 1990 (OBRA ’90), and designated A their Part A and Part B benefits directly United States. Original Medicare covers through J. The Balanced Budget Act of
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1997 (BBA) authorized plans F and J to of policies that contain different benefits ++ Plan C is redesignated as Plan D, have high deductible options that are than the standardized benefit packages. which does not provide coverage for the counted as separate plans. The Medicare However, those States are also required Part B deductible; Modernization Act of 2003 (MMA) to amend their regulatory programs to ++ Plan F is redesignated as Plan G, created new plans K and L, and the implement the new Federal statutory which does not provide coverage for the Medicare Improvements for Patients and requirements and changes to the NAIC Part B deductible; and Providers Act of 2008 (MIPPA) Model Standards as a result of MACRA. ++ Plan F With High Deductible is authorized the creation of new plans M (See section 1882(z)(3) of the Act.) redesignated as Plan G With High and N. Medigap plans E, H, I, and J are Deductible, which does not provide II. Legislative Changes Affecting no longer available for sale. Three states coverage for the Part B deductible. (Massachusetts, Minnesota, and Medigap Policies and Clarification As a result of these changes, the Wisconsin) are permitted by statute to A. Medicare Access and CHIP revised NAIC Model contains the have different standardized Medigap Reauthorization Act of 2015 (MACRA) following three sets of standardized plans and are sometimes referred to in Some standardized Medigap plans plans: this context as the ‘‘waiver’’ States. • Sections 8 and 9 of the NAIC Model currently sold on the market provide There are also policies issued before the outline the benefits for standardized first-dollar coverage for beneficiaries, OBRA ’90 requirements became plans with an effective date of coverage which means the plan pays the applicable in 1992 (pre-standardized prior to June 1, 2010 (the 1990 Medicare deductibles, coinsurance, and policies) that are still in effect. standardized plans). copayments so that the beneficiary has Effective January 1, 2006, Medigap • Sections 8.1 and 9.1 of the NAIC no out-of-pocket costs for Medicare policies could no longer be sold with a Model spell out the benefits for the covered services. MACRA was enacted prescription drug benefit. Three of the standardized plans with an effective on April 16, 2015 (Pub. L. 114–10), and original standardized Medigap plans, H, date for coverage on or after June 1, beginning on January 1, 2020, it I and J, as well as some Medigap 2010 (the ‘‘2010 standardized plans’’). prohibits the sale of Medigap plans with policies in the waiver States, may still • Section 9.2 of the NAIC Model first-dollar coverage to an individual contain coverage for outpatient contains the benefits for the who is a ‘‘newly eligible Medicare prescription drugs if the policies were standardized plans for an individual beneficiary,’’ which is further defined in sold before January 1, 2006. In addition, who is a ‘‘newly eligible Medicare section II.C.1. of this notice. The effect some pre-standardized plans cover beneficiary’’ with an effective date for of this provision is that as of this date, drugs. If a beneficiary holding one of coverage on or after January 1, 2020 (the a ‘‘newly eligible Medicare beneficiary’’ these policies enrolls in Medicare Part 2020 standardized plans for Newly will be required to pay out-of-pocket for D prescription drug coverage, the Eligible Medicare Beneficiaries). prescription drug coverage is removed the Medicare Part B deductible. The Part from the individual’s Medigap policy. B deductible for CY 2016 was $166.00 C. Clarifications and for CY 2017 it is $183.00. Section 1882(b)(1) of the Act provides 1. Definition of Newly Eligible Medicare that Medigap policies issued in a State B. Changes to the NAIC Model #651 Beneficiary are deemed to meet the Federal (Model Regulation To Implement the requirements if the State’s program Section 401 of MACRA defines a NAIC Medicare Supplement Insurance newly eligible Medicare beneficiary’’ as regulating Medigap policies provides for Minimum Standards Model Act) the application of standards is at least an individual who is neither of the Approved by the NAIC on August 29, following: as stringent as those contained in the 2016 NAIC Model Regulation, and if the State • An individual who has attained age requirements are equal to or more Consistent with the process 65 before January 1, 2020. stringent than those set forth in section authorized in section 1882(p)(1) of the • An individual who was entitled to 1882 of the Act. Act, the NAIC formulated a task force benefits under Medicare Part A States must amend their regulatory consisting of State regulators, consumer pursuant to section 226(b) or 226A of programs to implement all new Federal advocates, industry representatives, and the Act, or deemed eligible for benefits statutory requirements and applicable staff from the Centers for Medicare & under 226(a) of the Act, before January changes to the NAIC Model Standards. Medicaid Services (CMS) to draft 1, 2020. Thus, States will now be required to changes to the Medigap standardized Section 9.2.B. of the NAIC Model implement the statutory changes made plan structure and the NAIC Model captures this definition. An individual by the Medicare Access and CHIP Standards to align with section 401 of who is not a newly eligible Medicare Reauthorization Act of 2015 the MACRA. The draft changes were beneficiary can continue to purchase (MACRA), and the changes to the NAIC approved by the NAIC task force on Medigap policies that provide coverage Model Standards made to comport with April 4, 2016. The revised NAIC Model of the Medicare Part B deductible. the requirements of MACRA. The (with the approved changes) was Individuals retroactively entitled to revised NAIC Model is attached to this adopted by the NAIC on August 29, Medicare Part A after January 1, 2020, notice. States generally cannot modify 2016. The changes apply to Medigap with an effective date for Medicare the standardized benefit packages set policies or certificates issued on or after coverage before January 1, 2020 would out in the NAIC Model. However, with January 1, 2020. not fall under the definition of a ‘‘newly respect to other provisions, States retain The following are the changes, eligible Medicare beneficiary’’ because the authority to enact provisions that are effective January 1, 2020, to the their Part A benefits would begin before more stringent than those that are standardized Medigap plans: January 1, 2020. In addition, an incorporated in the NAIC Model • A new Plan G With High Deductible individual who has attained age 65 Standards or in the Federal statutory is created, which is identical to the Plan before January 1, 2020, but who was not requirements. (See section 1882(b)(1)(B) F With High Deductible except there is entitled to Medicare Part A until after of the Act.) States that have received a no coverage for the Part B deductible. January 1, 2020, would also not be a waiver under section 1882(p)(6) of the • For a ‘‘newly eligible Medicare ‘‘newly eligible Medicare beneficiary.’’ Act may continue to authorize the sale beneficiary’’— Similarly, environmental exposure
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affected individuals deemed eligible for 3. Guaranteed Issue Opportunities the kinds covered by Medicare Parts A Medicare before January 1, 2020 would Consistent with the December 4, 1998 and B, to the extent recognized as not be a ‘‘newly eligible Medicare (63 FR 67078) Federal Register notice reasonable and necessary by Medicare. beneficiary.’’ published in recognizing the BBA As outlined in the March 25, 2005 Federal Register (70 FR 15394), this 2. Upon Exhaustion Benefit changes to the NAIC Model, we reiterate that, in contrast to both the general open definition clarifies that a Medigap Section 8.B. of the NAIC Model enrollment provision of section policy does not pay cost-sharing for describes the standards for basic 1882(s)(2)(A) of the Act and the expenses under Medicare Part D and benefits common to the 1990 guaranteed issue provision in section also clearly states the position of the standardized Plans A through J. Section 1882(s)(3)(B)(vi) of the Act, which NAIC and CMS that Medigap policies 8.D.(1) of the NAIC Model describes the specifically state that the protected do not pay cost sharing incurred under standards for benefits common to the individual must be at least at age 65, the Part C. 1990 standardized Plans K and L. guaranteed issue provisions in section 1882(s)(3)(B)(i) through (v) of the Act do 5. New Standardized Plan G With High Section 8.1.B. of the NAIC Model Deductible describes the basic benefits common for not contain an age restriction. Therefore, the 2010 standardized plans A through the latter provisions apply by their Consistent with section 1882(z)(4) of terms both to individuals eligible for D, F, F with High Deductible, G, M and the Act, section 9.2A.(4) of the revised Medicare based on age, and those whose N. Section 9.1.E.(8) of the NAIC Model NAIC Model redesignates Plan F With eligibility is based on disability, end describes the standards for benefits High Deductible as a new Plan G With common to the 2010 standardized plans stage renal disease (ESRD) or exposure to an environmental hazard. All High Deductible for an individual who K and L. Section 9.2.A. of the NAIC individuals who meet the criteria set is a ‘‘newly eligible Medicare Model describes the standards for forth in section 1882(s)(3)(B)(i) through beneficiary,’’ as defined by section 401 benefits common to the 2020 (v) of the Act qualify for the Federal of MACRA. As a result, the references standardized plans for a ‘‘newly eligible guaranteed issue protections. (In some to Plan F With High Deductible under Medicare beneficiary’’. Sections 8.B.(3)., situations policies may not be available section 1882(p)(11)(A)(i) of the Act is 8.D.(1)(c)., 8.1.B.(3)., and 9.1.E.(8)(c). of to beneficiaries under 65. In other replaced with a reference to Plan G With the NAIC Model describe what is situations, a policy designated B, C, or High Deductible for a ‘‘newly eligible commonly referred to as the ‘‘upon F may not be available in a particular Medicare beneficiary.’’ Plan G With exhaustion’’ benefit. Medicare provides State.) Furthermore, we note that in High Deductible does not provide inpatient hospital benefits for up to 90 some states, individuals under age 65 coverage for any portion of the Part B days in a benefit period, plus any of the with Medicare have additional rights deductible and will be available 60 lifetime reserve days that have not under State law to purchase Medigap beginning on January 1, 2020. already been used. After a beneficiary coverage on a guaranteed issue basis. Section 9.1.E.(7). of the NAIC Model exhausts this coverage, including the Section 1882(z)(4) of the Act, as provides that states may permit the sale lifetime reserve days, all Medigap added by section 401 of MACRA, of Plan ‘‘G’’ With High Deductible to an policies cover 100 percent of Medicare generally provides that for a ‘‘newly individual who is not a ‘‘newly eligible Part A eligible expenses for eligible Medicare beneficiary’’ any hospitalization paid at the applicable reference in section 1882 of the Act to Medicare beneficiary.’’ While states are prospective payment system (PPS) rate Plans C and F shall be deemed, as of permitted to provide additional rights or other appropriate Medicare standard January 1, 2020, to be a reference to and protections beyond the Federal of payment, subject to a lifetime Plans D and G, respectively. As a result, minimum standards, we note that this maximum benefit of 365 days. the references to Plans C and F as plans option and the last sentence of section that must be offered by issuers on a 9.1.E.(7). of the NAIC are not part of the We note that the last sentence of Federal standards. Therefore, a state’s sections 8.B.(3)., 8.D.(1)(c)., 8.1.B.(3)., guaranteed issue basis under section 1882(o)(5), (s)(3)(C)(i), and (v)(3)(A)(i) of failure to include this language in its and 9.1.E.(8)(c). of the NAIC Model is the Act are replaced with references to regulatory program does not affect the not part of the benefit description of the Plans D and G, respectively, for a state’s compliance with Federal ‘‘upon exhaustion’’ benefit. Therefore, a ‘‘newly eligible Medicare beneficiary.’’ Medigap standards and requirements. State’s failure to include this language Further, State laws that currently in its regulatory program does not affect provide additional guaranteed issue III. Standardized Benefit Packages the State’s compliance with Federal rights for Plans C and F may need to be The following tables list the Medigap standards and requirements. changed for coverage with an effective Similarly, section 17.D.(4). of the NAIC standardized Medigap benefit packages date on or after January 1, 2020, to align (by standardized plan year and effective Model sets forth the outlines of coverage with MACRA prohibition on the sale of for Plans A through D, F or High date of coverage), with a cross-reference first-dollar Medigap coverage to a to the sections of the attached NAIC Deductible F, G or High Deductible G, ‘‘newly eligible Medicare beneficiary.’’ K through N. Each outline contains, at Model where the packages are described the bottom of the chart on Part A 4. Definition of Medicare-Eligible in detail. The revised NAIC Model, benefits, a ‘‘NOTICE’’ to prospective Expenses adopted by the NAIC on August 29, purchasers about the ‘‘upon exhaustion’’ Payment of Medigap benefits is, in 2016, is reprinted at the end of this benefit. The final sentence of this notice many cases, based on whether a service notice. The NAIC has granted is also not part of the benefit is one that is generally covered by permission for the NAIC Model to be description, and therefore, a State’s Medicare. The NAIC Model accordingly published and reproduced. Under 1 CFR failure to include this language in the contains a definition of ‘‘Medicare 2.6, there is no restriction on the outlines of coverage does not affect the eligible expenses.’’ This definition republication of material as it appears in State’s compliance with Federal provides that ‘‘Medicare eligible the Federal Register. Medigap standards and requirements. expenses’’ means only those expenses of
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TABLE 1—1990 STANDARDIZED PLANS TABLE 3—2020 STANDARDIZED PLANS TABLE 4—2020 STANDARDIZED PLANS WITH AN EFFECTIVE DATE OF COV- WITH AN EFFECTIVE DATE OF COV- WITH AN EFFECTIVE DATE OF COV- ERAGE PRIOR TO JUNE 1, 2010 ERAGE ONORAFTER JANUARY 1, ERAGE ONORAFTER JANUARY 1, 2020 FOR A ‘‘NEWLY ELIGIBLE MEDI- 2020 FOR AN INDIVIDUAL WHO IS NAIC model CARE BENEFICIARY,’’ AS DEFINED BY NOT A ‘‘NEWLY ELIGIBLE MEDICARE Plan section number SECTION 401 OF MACRA BENEFICIARY,’’ AS DEFINED BY SEC- Plan A (Core Benefit Section 9.E.(1). TION 401 OF MACRA—Continued Plan). Plan NAIC model Plan B ...... Section 9.E.(2). section number NAIC model Plan C ...... Section 9.E.(3). Plan section number Plan D ...... Section 9.E.(4). Plan A (Core Benefit Section 9.1.E.(1). Plan E ...... Section 9.E.(5). Plan). Plan L ...... Section 9.1.E.(9). Plan B ...... Section 9.1.E.(2). Plan F ...... Section 9.E.(6). Plan M ...... Section 9.1.E.(10). Plan D ...... Section 9.1.E.(4). Plan F High Deductible Section 9.E.(7). Plan N ...... Section 9.1.E.(11). Plan G ...... Section 9.E.(8). Plan G ...... Section 9.1.E.(7). Plan H ...... Section 9.E.(9). Plan G High Deductible Section 9.1.E.(7). 1 Consistent with the last sentence of sec- Plan I ...... Section 9.E.(10). Plan K ...... Section 9.1.E.(8). tion 9.1.E.(7) of the NAIC Model, states may Plan J ...... Section 9.E.(11). Plan L ...... Section 9.1.E.(9). permit the sale of Plan G With High Deduct- Plan J High Deductible Section 9.E.(12). Plan M ...... Section 9.1.E.(10). ible to an individual who is not a ‘‘newly eligi- Plan K ...... Section 9.F.(1). Plan N ...... Section 9.1.E.(11). ble Medicare beneficiary.’’ However, a State’s Plan L ...... Section 9.F.(2). failure to adopt this sentence and provide this option does not affect the State’s compliance TABLE 4—2020 STANDARDIZED PLANS with Federal Medigap standards and requirements. TABLE 2—2010 STANDARDIZED PLANS WITH AN EFFECTIVE DATE OF COV- WITH AN EFFECTIVE DATE OF COV- ERAGE ONORAFTER JANUARY 1, IV. Collection of Information ERAGE ONORAFTER JUNE 1, 2010 2020 FOR AN INDIVIDUAL WHO IS Requirements BUT PRIOR TO JANUARY 1, 2020: NOT A ‘‘NEWLY ELIGIBLE MEDICARE This document does not impose BENEFICIARY,’’ AS DEFINED BY SEC- information collection requirements, Plan NAIC model TION 401 OF MACRA section number that is, reporting, recordkeeping or NAIC model third-party disclosure requirements. Plan A (Core Benefit Section 9.1.E.(1). Plan Consequently, there is no need for Plan). section number Plan B ...... Section 9.1.E.(2). review by the Office of Management and Plan A (Core Benefit Section 9.1.E.(1). Plan C ...... Section 9.1.E.(3). Budget under the authority of the Plan D ...... Section 9.1.E.(4). Plan). Paperwork Reduction Act of 1995 (44 Plan F ...... Section 9.1.E.(5). Plan B ...... Section 9.1.E.(2). U.S.C. 3501 et seq.). Plan F High Deductible Section 9.1.E.(6). Plan C ...... Section 9.1.E.(3). Plan G ...... Section 9.1.E.(7). Plan C ...... Section 9.1.E.(4). Dated: August 24, 2017. Plan K ...... Section 9.1.E.(8). Plan F ...... Section 9.1.E.(5). Seema Verma, Plan F High Deductible Section 9.1.E.(6). Plan L ...... Section 9.1.E.(9). Administrator, Centers for Medicare & Plan M ...... Section 9.1.E.(10). Plan G ...... Section 9.1.E.(7). 1 Medicaid Services. Plan N ...... Section 9.1.E.(11). Plan G High Deductible Section 9.1.E.(7). Plan K ...... Section 9.1.E.(8). BILLING CODE 4120–01–P
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:VfODEL REGULA1'ION TO IMPLI'~MENT TIIE NAIC l\'IF.DICARE SUPl,t.l!:Ml::NTlNSURANCI!~ MINIMUM S'I'ANOAROS MOnl!~i.. ACT
Table of Contents
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Sccti Authority Definition>~ VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.003 41690 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.004 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41691 Other similar insurance under which benefits for (3) "Creditable coverage" shall not following benefits they are provided under a separate contract of insurance or are (a) Limited scope dental or vision benefits; (b) Benefits for long-term care, numing home care, home health care, con1munity-based care) or any con1binaticm thereof; and (c) Such similar, limited benefits specified in federal regulations. (4) "Creditable coverage' shall not include the !(>!lowing benefits if offered as independent, non-coordinated benefits: (a) Coverage only for a specified disease or illness; and (b) Hospital indemnity or other fixed indemnity insurance. (5) shall not inclnde the following if it is as a ceJ"til:ic,Jte or contract of insurance: as defined under Section (b) to the coverage provided under chapter 55 of and (c) Similar supplemental coverage provided to coverage under a group health plan. coverage has been in an interin1 final rule (62 Fed. Reg. by the Secretary p1rrsuant to HIP~A.A, and may he adrlres:::ed in s11hsequent regulations G. benefits H. it with a finding of state of domicile. Drafting Note: If the state law definition of insolvency differs from the above definition, please insert the state law definition. I. "Issuer'' includes insurance companies, fraternal benefit societies, health care plans, health maintenance organizations, and any other delivering or issuing for delivery in this state Medicare supplement policies or VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.005 41692 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.006 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41693 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.007 41694 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Sectiou6. VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.008 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41695 St::!etion 7~ l\'linimum Benefit Stand11rd~ (or Pt·ec-Standardized Met:lic:are S~ml~l VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.009 41696 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.010 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41697 Benefit Stamhu·d" for 1990 Sta1u:lardizad Madit"l!lre StltpJ>lem•~nt Uunel:lt Pbm Polide!! Certil:loatt'!! I~'!ued or Delivered on or Afte1· (~ffe<:th'f:! d11te adoptl!d by statej1md Ptior to ,June 1, 20Ul VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.011 41698 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.012 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41699 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.013 41700 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.014 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41701 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.015 41702 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.016 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41703 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.017 41704 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices (Vll VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.018 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41705 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.019 41706 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Bmmtit Standurds lbr 20HI Smndardb:nd :\indiearn.S••PlPic!lltfm:t !lent!fif Pbu1 Polici VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.020 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41707 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.021 41708 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.022 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41709 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.023 41710 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.024 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41711 8t;ction9. Standard Medical~ Benefit Plan~ for 1990 Standardized Medit1are Supplement .Piau f>olieies or Certificates l~su;s' VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.025 41712 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.026 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41713 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.027 41714 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Standard M<.'ili VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.028 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41715 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.029 41716 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.030 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41717 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.031 41718 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.032 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41719 Sentiott 9.2. Benefit Plans for 21120 Stanclardiz~od Meclieare Plan Polides (>r Cm·tific;at~;s lsl"tt<"d for neliV!H'Y to llll1l'l·'i(lUlU!I Newly ll:litlible tbr llilediQlH'e Oll 01' After ,January 1, 2020. VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.033 41720 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Section m. VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.034 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41721 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.035 41722 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.036 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41723 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.037 41724 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.038 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41725 8e(ltion 11, Opmlt Ent'OIImeut VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.039 41726 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.040 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41727 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.041 41728 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.042 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41729 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.043 41730 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.044 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41731 Section HI. Standards fot" GlainiS Paynlent VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.045 41732 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.046 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41733 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.047 41734 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Section 15. VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.048 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41735 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.049 41736 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.050 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41737 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.051 41738 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.052 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41739 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.053 41740 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Benefit Chart ofMedieam Supplement Plans Sold on or After ,June 1, 20Hl Basic Ben<;fit!'l: • VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.054 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41741 RIGHT TO RETURN POUCY COMPLETE ANSWEI(S AR.F: VERY IM.POI~TANT {!3oldf~~t! VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.055 41742 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.056 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41743 J>f.,AN A M~imC:\Rt; (PAR'r A)-l:f{),'SPI'l'AI, SE;RVIC~~-Pt~l~ BE:NE;J l'LAN PAYS YOU I'AY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.057 41744 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PL.AN A 1\U';niCARF2 (PART A)--HOSPlTi\L Sl~RVIC.!';s-J>l':R Hr:NE:FIT Pl~:JUOIJ (cont.) MEDlCARfilJ>AYS PLA:"l PAYS YOU PAY lJLOOD VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.058 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41745 J>f.,AN A l\ft;mcARr; (PART B)-MI:ilHCAL Sl'il'i:VlCI~B--PlsR CALf;NJ)AR YtlAR VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.059 41746 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PL.AN A PAR'fS A&B VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.060 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41747 PLANH 1\'U;J)ICARl': (l'ART A)---HOSPITAl, Sl':RVICI:~S--Pf;R Bl'~Ng!''l'l' Pf;RIOU YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.061 41748 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLANU MJ':DtCt\Ri'~ (PART A}-H08l'lTAl, SE:RVICI<:S-PE:R HFiNi':fTr Pi':RJOD (cont.) PLAN PAYS YOU PAY BJ,OOD VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.062 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41749 PLANH Ml'il}ICARt; (I'Ait'l' il)~l\H~JI)JCAL tU~:rtVICI<:S-PI'~R c,U,l':Nl>AR Yf'lAR VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.063 41750 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLANU P,<\Ft'rS A & U YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.064 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41751 f'l,AN Ml'mlCARJ<; (l~ART A)-HOSl~lTt\1, sgRVICI~S-PI:';R Bl'~NI::l''IT Pl'~RIOU YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.065 41752 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLANC 1\U:mCAR~: (PART A)-UOSPJ'l'At, SI<:RVICl<:S-Pr:R Bf~Nr:nT Pl<~RIOD (o YOU i>AY BLOOD VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.066 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41753 f'l,AN Mf<:nJCAIU<: (I'AltT B)-IVU;OICAL SI':ItVlC~~B--PJI;I~. CAL~;Nl)AR YE:AR VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.067 41754 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLANC PAR'rSA&H I'I.AN PAYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.068 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41755 f'l,AN OTHF;R Bl'~Nl~FI'l'S-NO't' COVI<:IU'}I) BY Ml~;meARI'i SERVICES YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.069 41756 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PI,AND MI<:mCAIU; (PART A)-fU)SPITAL Sl!:RVJCF':S-Pt:I~ Bt:NKfl'l' P'b:RIOD Plu\N PAYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.070 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41757 Pl,AN 0 i\U;mCAlU: (PAR'l' A.!--HOSt'ITi\L SF:RVICl':S-l'I'~R m;Ngl-'IT Pl':IUOD (eont.) YOU .PAY BLOOD VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.071 41758 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PI,AND 1\U~lHCARF; (PART 13)-MI•JnlCAL SF;l'tVlCFJS-!'l':R CAl,F:NDAR n:AR VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.072 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41759 Pl,AN 0 l'l\HTS ,>\ & B SERVICES MEDICARI~ I'AYS PLAN l'AYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.073 41760 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PI,AND !Vl E:DI CARl;; PLAN PAYS Y()U l'AY PAYS FOREION TRAVEL-NOT COVf~RED UY J\mDICARI•; VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.074 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41761 MEDlCARl<~ (PART A)- liC~'lPI'fAl, SERVICES- PER Bl~NEr'IT PERIOD (IN ADIWI'ION TO$f2180i SERVICES MI~DICARE PAYS DtmUt"fiBLI':,**I YOU PAY HOS Pl'l'Al,lZA'!'IO N"' VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.075 41762 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices MEDICARE (PART A)- HOSPI'f.<\L SERVICES- PF~R BENFlFI'r PERIOD (oont.) I.AF'I'l~R YOU PAY !lN ADDITION $[:mml $(2HIOI SERVICES DF:OUC~l'IBLt;.-1 OF;I)UC'I'I Bl,l~. **I PLAN PAYS Y(JU PAY 81:\ll,l,Efl NURSING J<'AGJU'l'Y CAR~;* VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.076 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41763 UN AUDl'l'lON TO $(1!1801 DE.OUC"fiBLE,**) PLAN PAYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.077 41764 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices (AFTER YOU PAY !IN ADDITION TO $f2H>Ol ${21801 !\fEDICt\REJ I'AYS IJ1tlDUCTIBL~1.*1 mmUC'I'lllU:,*"'I fl'lu\N PAYS YOU PAY HLOOO VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.078 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41765 PAR'I'SA&B (AI"TI~R YOU PI\Y 11 N ADill'rtON TO 1!1:[2l8tll ${2180! ~U:O.ICARE: PA 'fS DEIJUCTlBLE,*"'l DEDUC'I'IBI.,E,"""I Plu\N PAYS YOU J>,\Y VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.079 41766 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLAN F or HIGH DEDUCTIBLli: PLAN F !AI"l'ER YOU PAY liN AI!OlTION $(21<'101 T0$!2180} SRRVICii:S MEIJICAIUi: PAYS DEDUC'l'IBl,E,-1 DEDUCTIBLE:,**! !'LAN PAYS YOU PAY l''OfH~:tGN 'I'RAVl•:I,- NO'r COVER!';O BY MEI)ICAR!': VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.080 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41767 jAf'~I'E;R YOU PAY $(21801 ME:DI.CARI<: DEDUCTlBI,ll:,"'*l PAYS PI"\~ PA\'S l YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.081 41768 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PI.u\i"< G or mcm mmUCTIBL:E: Pk\N G M'i'".:DICARE (PAirr A)- HOSPITAL SERVICt::S- l'Eit BENEFIT PI'~RIOD ( VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.082 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41769 PLAN Got· HIOH DEDUCTIBLE Plh4.N G ll\F'TER YOU PAY !IN 1\DUITION TO $(21801 ${21801 MI':D!Cl\RI<: PAYS DIGDUCTlBU!~,*"'I Oi':UU<'TI BU<:,**t PLAN PAYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.083 41770 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Pl.:\N G or HIGH DEDUG'fiBLrs PLAN G IAFTI!:~t YOU PAY [IN ADIHTION '1'0 $J2Hl0J $f2ISOI DEDU t~IBLE:, **I UEDUl:'J'IBLI~**] Plu\N PAYS J)i'\Y Bl.OOD All VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.084 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41771 PARTS A& B YOU PA\' UN ADDI'I'ION 'I'O $(218{11 1!!!2ll'IOI Ml:li.HCA!Ui: PA'fS m;:DUC'!'!BLF;,j"* t:n•:DUC'I'IUl,I<:,J** PLAN PAYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.085 41772 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices {AF'rER YOU PAY [IN AD[)f'l'toN 'I'O $(21861 l\IU;mcARE PAYS m!~DUC'l'IBUi,j** PI4AN PAYS YOU PAY I<'OfmiON TI1AVI~:L NOT COVI<::tmD BY Ml~DICAIU~ VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00090 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.086 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41773 l'LAN 1\ MEDICARE (PAI~T AJ--HO.''!P!TAL S.E:RVICES-PER BENt~FI1' PERIOD VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.087 41774 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLA.l\l I\ i\U:DICARl•: (PART A)--HOSPIT."\L St~I{V!Cl'S-P~;R a~:N~;;J;'l'l' Pl'iRIOD (cont.) YOU l'.A\'* VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00092 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.088 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41775 l'LAN 1\ Mf;l)ICARF~ (PAR'!' 13}--Ml'JIHCAl, SE:RVICI!::8-P~iR CAI,f~NOAR n:.<\R VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00093 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.089 41776 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00094 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.090 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41777 l'LAN 1\ !\o\R1'S ,, & B Sli:RVICES ME.DIC'AIU,; PLAN PAYS YO\J PAY* PAYS HOME HEALTH CARE to VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00095 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.091 41778 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLAN L Howevar, ci MEDICARE (PAR'l' A)--HOSPI'I'AL SERVICES-PER BENEI"I'r PI~RIOD PLAN PAYS YOU PAY" VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00096 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.092 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41779 Pt.AN L 1\UmtCAI~I'l (PART A:I--HOSPI'l'At. Sf;J:NJCI l\-fgmcARE PAYS .PLAN PAYS PAY* VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00097 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.093 41780 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLAN L MEDICARE PAYS PLAN PAYS YOU PAY* MEDICAL EXPENSI<;S-- VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00098 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.094 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41781 amounts (dl(l!le are called and you will be this differem~ in the amount charged by ymu· provider and the illll<:lll VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00099 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.095 41782 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLAN L J>A.RTS A&B Ml~IHCARI!i PAYS l'LAN PAYS VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00100 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.096 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41783 PI,ANl\ll i\n:mCARl3: (l'AR'l' A)-HC~'>PITAl, Sf<:RViCI'JS-Pl~R m•:Nt•;t''IT J>I'JtUOD YOU I'AY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00101 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.097 41784 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Plu\N !\If PLAN PAYS YOU PAY Sl\IU,ED NURSING FACU,lT\' CARl~* VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00102 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.098 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41785 PI,ANl\ll 1\'U:lllCAR!<; (PART B)-Ml~IJlGAl, Sl'1RVlC1'::8-Pl~R CAL~~NDAR YEAR VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00103 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.099 41786 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Plu\N !\If PAR'rSA&B AR!i; PAYS YOU J>AY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00104 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.100 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41787 PI,ANl\ll OTln~R Bt::NF;FIT&-NO'r (X)Vl':Rlm HY Mt<;DICAlU; PAYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00105 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.101 41788 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLANN MF:DlCAtU; (PART A)--HOSPITAL SE:t~VJC~l~S-Pl'~R Bl~:NI<:i''IT PF:R10f) ~mDIC.ARf~ PAYS PLAN PA"fS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00106 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.102 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41789 Pl,AN N M!'::OICAR!<: (PAR'l' A)--HOSPITAL Sf:llVlCl':S-Pr)R m~;Nr:J:'IT PF;RlOt) ((:ont.) YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00107 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.103 41790 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLANN 2\'U:DH'ARF: (PAR'f 8)-Ml'~IJICAL Sl':RV.ICF:S-Pl':R CAU~NOAR YF~AR f>LAN PAYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00108 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.104 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41791 Pl,AN N l\H~:OICARt1 (PAln' B)--M8l)lCAL SPJRVlCf~S-l>I'JR CAl..~;NnAR Yl:'1c\.R {oont.) SE.RVWES YOU PAY HLOOD VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00109 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.105 41792 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices PLANN PAR't'S A. & B t>LAN PAYS YOU l'lltY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00110 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.106 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41793 Pl,AN N OTIU:R I:U:';Ni'1l"t'I'5-NO'l' COVI<:RI':t.J .BY l\U';I.JICAIU: PLAN PAYS YOU PAY VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00111 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.107 41794 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00112 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.108 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41795 (Questions] VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00113 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.109 41796 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00114 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.110 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41797 NO'rtcE 1'<) APPUCi>.N'l' lt!':flARDI.NG REPI,ACl\ SAVf~ THIS NOTlCE! rr MAY :B!'; IMPORTANT 'rO YOU IN 'I'H !'; r'UTURK VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00115 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.111 41798 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00116 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.112 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41799 SL' VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00117 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.113 41800 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices (2) pressure tactics. En1ployimg tending to induce the threat, whether or implied, or undue pressm'e to purchase or recommend thE' purchase (3) use directly or indirectly of any method of to in a conspicuous 1nannei"'" that a purpose of of marketmg is solicitation of insurance and that contact will be made by an insurance agent or insurance company. "1\lleclic'"re Wrap-il.round" and words policy is issued in compliance with tbis Drafting Note: Remember that the Unfair Trade Practice in your state applie~ to Medicare supplement insurance Section 21. Appropriateness of Reeommended Purchase and Excessive Insurance B. an c. an individual is Section 22. Reporting of :Multiple Policies A. On or before Mfll'ch 1 of each an issuer shall report the following information for state for which the issuer has in force more than lVi•uu_tc"n' supplement policy or certi!lcate: (1) Policy and certificate number; and (2) Date of issuance. B. The items set forth above must be grouped by individual policyholder. :Editor'!!i Note: Appendix B contains a reporting form for complimce \vith this Section 23. Prohibition Against Preexisting Conditions, Waiting Periods, Elimina.tion Periods and Probationary Periods in Replacement Policies or Certificates A. 651·113 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00118 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.114 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41801 Prohihiti<>n Agnlnst Uso or n~meti<: lnr L VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00119 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.115 41802 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00120 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.116 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41803 Separability Seetion 26. VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00121 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.117 41804 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00122 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.118 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41805 1\U:mcARJ:: SU Pl'UJl\U:N'l' RE:I"UN!) CAl,CUl,A'l'lON FORM F'Oil CAl,FlNDAR YF1AR VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00123 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.119 41806 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices MEDlCARl~ SUPPI,EMENT Rl~FUND CAI,CULATION FORM l''OR Ci\LI':NJ)AR Y~',;AR VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00124 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.120 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41807 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00125 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.121 41808 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00126 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.122 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41809 VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00127 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.123 41810 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00128 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.124 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41811 liURM l''O.R RfiJPORTtNG Ml')ntCAIU': SUPPLl~ll\U3:N'l' l'()l,!CifilS VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00129 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.125 41812 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices APPENI!IXC lmi!t:ructlon;;; for Ul'!<:> of the Dis.cllostu-e Statements for Hoolth Insttr VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00130 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.126 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41813 • M1!dieat-e pays ·~xtem;:ive h••nollts for tuedi<~l.ltlh ne'''L'sl'lary set·vif.~'" t"ti\gardlnss of tho n~e~~sou yon neod tht!m. 'l'be,.;:e ilmlnde: VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00131 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.127 41814 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices lVIedieat·n pays extensive bnn!!l'its for medienlly neees~uy servi(~ rognrdles;.;; of the re.as M<:!di<'.at"e pa~'~'~ extensive benefits rm· mcdicnll~· IU>ee!IS!II':I' reason you m0ed them. TbeRe i.rwlud<" • •.. VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00132 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.128 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41815 1'his insm-.moe dupli<:-.ttos M benefits b~"(,.HIS<) Medlem:e generally J:»l~'s for most of the <~xpense~s for tim diagnosis and tre.. tment of the spedfie eonditions or dingnos Mfldicaro pa~"S extensive benefits for 111edic~dl~' IUl VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00133 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.129 41816 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 'l'hi:s is not Medk11u'e Supplement lu!:mt1lllce Medi<'Jll'e pays extensive benefits for medienlly nEK'eSsary seni~Jes regnrdless of the l'eason yott need them. These iuclude: • ..• VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00134 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.130 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41817 Medi!Jll!l:"e pa~?> extensivn bem~fits f'ot• medk·~tlly neeesl!mry serviees t'1lg~trdl~" of the r!l~l!lOII ym,t tle~~ them. 'rbese inelud~l: • DJ Medi<:'~n·e geuendiy P''J"" for nmst or nU of these""~'"''"'''"'· Mfldieaxe P."~Y"' o::l'tem • • • • VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00135 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.131 41818 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Soutti' he sot•vices paid. 1'01· hy Medicat·e tuay also trig-ger the payu:u~nt of benefits from this poli<~. Mooi • VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00136 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.132 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41819 Sonte he.o1lth <~are servi Medlnal'l1 pays e:~~te11si·ve benefits for· medi<:;dlJ' ne • Smn~' health oore serVt(l(lS paid for by Medkare may all!lo triggnt this poliey. MediMl'e pay'" for mo"'t ()I' all of: tltese oxpol>se:;::. VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00137 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.133 41820 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Medi • • • 'l'bis benefits witbt>ut under 1\'tedioare t)l' Some be;altb eare services p.'tid forb!' M.edkare may also trig~r the p.lyment of benefits fn">m tlli~< poll<'}'. Medif':at-e pays • • ~l'his benefits without under l\·hlditlllr<~ or VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00138 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.134 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41821 Soute health care ~;rvices pnid fol·l1y Mediau:e may also tri~r the pnyment of benefits rmm this policy. Medi('IU VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00139 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.135 41822 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices Some health t1111'1c servi<:es paid fo:u· by Medimre :nu1y also trigger the pa)'ment. of benefits !'rom tbis poliey, ~Itldi • Some b ...aldl (l.'tN: serviees paid fm· by Mmliea re !lUI}' also t1·igger the puynumt of benefits r.·om t.his poliey. VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00140 Fmt 4701 Sfmt 4725 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.136 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41823 [FR Doc. 2017–18605 Filed 8–31–17; 8:45 am] BILLING CODE 4120–01–C VerDate Sep<11>2014 18:06 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00141 Fmt 4701 Sfmt 9990 E:\FR\FM\01SEN2.SGM 01SEN2 sradovich on DSK3GMQ082PROD with NOTICES2 EN01SE17.137 i Reader Aids Federal Register Vol. 82, No. 169 Friday, September 1, 2017 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER 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. 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FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 41501–41824...... 1 VerDate Sep 11 2014 18:47 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\01SECU.LOC 01SECU sradovich on DSK3GMQ082PROD with FRONT MATTER CU ii Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Reader Aids Superintendent of Documents, Commonwealth of Virginia, the enacted public laws. To U.S. Government Publishing State of Maryland, and the subscribe, go to http:// LIST OF PUBLIC LAWS Office, Washington, DC 20402 District of Columbia to enter listserv.gsa.gov/archives/ (phone, 202–512–1808). The into a compact relating to the publaws-l.html This is a continuing list of text will also be made establishment of the public bills from the current available on the Internet from Washington Metrorail Safety session of Congress which GPO’s Federal Digital System Commission. (Aug. 22, 2017; Note: This service is strictly have become Federal laws. 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Res. 76/P.L. 115–54 in ‘‘slip law’’ (individual Granting the consent and PENS is a free electronic mail pamphlet) form from the approval of Congress for the notification service of newly VerDate Sep 11 2014 18:47 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4711 E:\FR\FM\01SECU.LOC 01SECU sradovich on DSK3GMQ082PROD with FRONT MATTER CU Federal Register / Vol. 82 No. 169 / Friday, September 1, 2017 / Reader Aids iii TABLE OF EFFECTIVE DATES AND TIME PERIODS—SEPTEMBER 2017 This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17) DATE OF FR 15 DAYS AFTER 21 DAYS AFTER 30 DAYS AFTER 35 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION September 1 Sep 18 Sep 22 Oct 2 Oct 6 Oct 16 Oct 31 Nov 30 September 5 Sep 20 Sep 26 Oct 5 Oct 10 Oct 20 Nov 6 Dec 4 September 6 Sep 21 Sep 27 Oct 6 Oct 11 Oct 23 Nov 6 Dec 5 September 7 Sep 22 Sep 28 Oct 10 Oct 12 Oct 23 Nov 6 Dec 6 September 8 Sep 25 Sep 29 Oct 10 Oct 13 Oct 23 Nov 7 Dec 7 September 11 Sep 26 Oct 2 Oct 11 Oct 16 Oct 26 Nov 13 Dec 11 September 12 Sep 27 Oct 3 Oct 12 Oct 17 Oct 27 Nov 13 Dec 11 September 13 Sep 28 Oct 4 Oct 13 Oct 18 Oct 30 Nov 13 Dec 12 September 14 Sep 29 Oct 5 Oct 16 Oct 19 Oct 30 Nov 13 Dec 13 September 15 Oct 2 Oct 6 Oct 16 Oct 20 Oct 30 Nov 14 Dec 14 September 18 Oct 3 Oct 10 Oct 18 Oct 23 Nov 2 Nov 17 Dec 18 September 19 Oct 4 Oct 10 Oct 19 Oct 24 Nov 3 Nov 20 Dec 18 September 20 Oct 5 Oct 11 Oct 20 Oct 25 Nov 6 Nov 20 Dec 19 September 21 Oct 6 Oct 12 Oct 23 Oct 26 Nov 6 Nov 20 Dec 20 September 22 Oct 10 Oct 13 Oct 23 Oct 27 Nov 6 Nov 21 Dec 21 September 25 Oct 10 Oct 16 Oct 25 Oct 30 Nov 9 Nov 24 Dec 26 September 26 Oct 11 Oct 17 Oct 26 Oct 31 Nov 13 Nov 27 Dec 26 September 27 Oct 12 Oct 18 Oct 27 Nov 1 Nov 13 Nov 27 Dec 26 September 28 Oct 13 Oct 19 Oct 30 Nov 2 Nov 13 Nov 27 Dec 27 September 29 Oct 16 Oct 20 Oct 30 Nov 3 Nov 13 Nov 28 Dec 28 VerDate Sep 11 2014 18:15 Aug 30, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4201 Sfmt 4701 E:\FR\FM\01SEEF.LOC 01SEEF mstockstill on DSK30JT082PROD with EF