Vol. 82 Tuesday, No. 58 March 28, 2017

Pages 15281–15456

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 58

Tuesday, March 28, 2017

Agriculture Department Commodity Futures Trading Commission See Animal and Plant Health Inspection Service NOTICES See Forest Service Meetings: See Rural Utilities Service Market Risk Advisory Committee, 15332–15333 NOTICES Agency Information Collection Activities; Proposals, Copyright Royalty Board Submissions, and Approvals, 15314–15316 RULES Animal and Plant Health Inspection Service Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords III); Subpart NOTICES A Configurations of the Mechanical License, 15297– Agency Information Collection Activities; Proposals, 15299 Submissions, and Approvals: Animal Disease Traceability, 15320–15321 Importation of Beef and Ovine Meat From Uruguay and Defense Department Beef From Argentina and Brazil, 15316–15317 NOTICES Importation of Clementines, Mandarins, and Tangerines Agency Information Collection Activities; Proposals, from Chile, 15317–15318 Submissions, and Approvals, 15333–15334 Importation of Jackfruit, Pineapple, and Starfruit from Meetings: Malaysia Into the Continental United States, 15318– Defense Innovation Board, 15334–15335 15319 Government-Industry Advisory Panel, 15335–15336 Importation of Live Swine, Pork, and Pork Products from Certain Regions Free of Classical Swine Fever in Education Department Brazil, Chile, and Mexico, 15319–15320 NOTICES Swine Health Protection, 15321–15322 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Civil Rights Commission The College Assistance Migrant Program Annual NOTICES Performance Report, 15343–15344 Meetings: Applications for New Awards: Colorado Advisory Committee, 15328 Assistance for Arts Education Programs––Professional Indiana Advisory Committee, 15329 Development for Arts Educators Grants, 15336–15343 Kansas Advisory Committee, 15326 Nevada State Advisory Committee, 15327–15329 Ohio Advisory Committee, 15326–15327 Election Assistance Commission Oregon Advisory Committee, 15325–15326 NOTICES Meetings; Sunshine Act, 15344 Coast Guard RULES Energy Department Drawbridge Operations: See Energy Efficiency and Renewable Energy Office Elizabeth River, Elizabeth, NJ, 15290–15291 See Federal Energy Regulatory Commission Safety Zones: NOTICES City of Eureka Fourth of July Fireworks Display, Meetings: Humboldt Bay, Eureka, CA, 15292–15293 Advanced Scientific Computing Advisory Committee, Recurring Marine Events in Captain of the Port Long 15344–15345 Island Sound Zone, 15295–15296 National Coal Council, 15345 San Francisco Giants Fireworks Display, San Francisco Bay, San Francisco, CA, 15291–15292, 15296–15297 Energy Efficiency and Renewable Energy Office Security Zones: NOTICES VIP Visits, Palm Beach, FL, 15293–15295 Petition for Waivers: PROPOSED RULES AHT Inc. from the Department of Energy Commercial Safety Zones: Refrigeration Equipment Test Procedures and Partial Roar on the River Fireworks, Detroit River, Trenton Grant of Interim Waiver, 15345–15353 Channel, Trenton, MI, 15308–15310 NOTICES Certificates of Alternative Compliance: Environmental Protection Agency Gladding-Hearn Hulls 418 and 419, 15368 RULES Port Access Route Study: Air Quality State Implementation Plans; Approvals and Nantucket Sound, 15367 Promulgations: Iowa; Approval and Promulgation of the Title V Commerce Department Operating Permits Program, the State Implementation See National Oceanic and Atmospheric Administration Plan, and 112(l) Plan, 15301–15302 See National Telecommunications and Information Missouri; Approval of Air Quality Implementation Plans; Administration Open Burning Requirements, 15299–15301

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PROPOSED RULES Forest Service Clean Air Act Petitions: NOTICES Connecticut, Delaware, Maryland, Massachusetts, New Environmental Impact Statements; Availability, etc.: Hampshire, New York, Pennsylvania, Rhode Island Tonto National Forest; Gila County, AZ; Pinto Valley and Vermont, 15310–15311 Mine, 15322–15324 NOTICES Receipt of Petition: Health and Human Services Department Maryland Marine Sanitation Device Standard, 15357– 15358 See Food and Drug Administration See National Institutes of Health Federal Aviation Administration NOTICES Meetings: RULES Secretary’s Advisory Committee on National Health Airworthiness Directives: Promotion and Disease Prevention Objectives for Airbus Airplanes, 15281–15283 2030; Webinar, 15361–15362 Textron Aviation Inc. (Type Certificate Previously Held by Cessna Aircraft Company) Airplanes, 15287– 15290 Homeland Security Department The Boeing Company Airplanes, 15284–15287 See Coast Guard PROPOSED RULES Class C and E Airspace; Amendments: Interior Department Evansville, IN, 15303–15304 See National Park Service Class E Airspace; Establishment of Class E Airspace; Amendments: Justice Department Arcata, CA; Fortuna, CA; Arcata, CA; Eureka, CA, 15306– See Justice Programs Office 15308 NOTICES Class E Airspace; Establishments: Agency Information Collection Activities; Proposals, Willits, CA, 15304–15306 Submissions, and Approvals: Drug Questionnaire, 15370 Federal Communications Commission Office of Juvenile Justice and Delinquency Prevention RULES National Training and Technical Assistance Center Connect America Fund: Feedback Form Package, 15369–15370 Universal Service Reform—Mobility Fund, 15422–15456

Federal Energy Regulatory Commission Justice Programs Office NOTICES NOTICES Applications: Meetings: Gulf South Pipeline Company, LP, 15353–15354 Global Justice Information Sharing Initiative Federal Environmental Impact Statements; Availability, etc.: Advisory Committee, 15370–15371 Midship Pipeline Co., Midcontinent Supply Header Interstate Pipeline Project, 15354–15356 Labor Department Filings: See Mine Safety and Health Administration PJM Interconnection, LLC, 15356–15357 See Workers Compensation Programs Office Petitions for Declaratory Orders: NOTICES Republic Transmission, LLC, 15357 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Highway Administration Job Corps Enrollee Allotment Determination, 15371– NOTICES 15372 Agency Information Collection Activities; Proposals, Fiscal Year 2016 Through FY 2017 Stand Down Grant Submissions, and Approvals, 15415–15416 Requests, 15371 Federal Agency Actions: Interstate 64 Peninsula Study in Virginia, 15415–15416 Library of Congress See Copyright Royalty Board Federal Railroad Administration NOTICES Mine Safety and Health Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 15417–15418 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Reserve System Safety Defects; Examination, Correction, and Records, NOTICES 15372–15373 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 15358 National Aeronautics and Space Administration Food and Drug Administration NOTICES NOTICES Intent to Grant Exclusive Licenses, 15374 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Highway Traffic Safety Administration Experimental Study on Warning Statements for Cigarette RULES Graphic Health Warnings, 15359–15361 Civil Penalties, 15302

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National Institutes of Health Rural Utilities Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 15324–15325 Early Career Reviewer Program Application and Vetting System, 15364–15365 Securities and Exchange Commission Exclusive Patent Licenses: NOTICES Commercialization of Cerclage Annuloplasty Devices for Applications: Treating Mitral Valve Regurgitation, 15363–15364 AB Bond Fund, Inc., et al., 15407–15408 Meetings: Spinnaker ETF Trust, et al., 15408–15410 Eunice Kennedy Shriver National Institute of Child Filings: Health and Human Development, 15365–15366 Consolidated Tape Association, 15404–15407 National Cancer Institute, 15362–15363 Meetings; Sunshine Act, 15393 National Center for Complementary and Integrative Self-Regulatory Organizations; Proposed Rule Changes: Health, 15367 C2 Options Exchange, Inc., 15393–15400 National Institute on Alcohol Abuse and Alcoholism, NYSE Arca, Inc., 15400–15404, 15408 15366–15367 National Library of Medicine, 15362 Small Business Administration NOTICES National Oceanic and Atmospheric Administration Disaster Declarations: PROPOSED RULES California, 15410 Fisheries of the Northeastern United States: Kentucky, 15410–15411 Mid-Atlantic Unmanaged Forage Fish Omnibus Oklahoma; Amendment 1, 15411 Amendment, 15311–15313 Major Disaster Declarations: NOTICES California, 15411 Exempted Fishing Permits; Applications: Magnuson-Stevens Act Provisions; General Provisions for Social Security Administration Domestic Fisheries, 15329–15331 NOTICES Meetings: Agency Information Collection Activities; Proposals, Advisory Committee on Commercial Remote Sensing, Submissions, and Approvals, 15412–15414 15331–15332 Transportation Department National Park Service See Federal Aviation Administration NOTICES See Federal Highway Administration National Register of Historic Places: See Federal Railroad Administration Pending Nominations and Related Actions, 15368–15369 See National Highway Traffic Safety Administration

National Science Foundation Treasury Department NOTICES NOTICES Meetings; Sunshine Act, 15374–15375 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Telecommunications and Information Administration Designation of Financial Market Utilities, 15418–15419 Multiple IRS Information Collection Requests, 15419 NOTICES Usual and Customary Business Records Maintained by Meetings: Brewers, 15418 Community Broadband Workshop, 15332 U.S.-China Economic and Security Review Commission Nuclear Regulatory Commission NOTICES NOTICES Hearings, 15420 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Veterans Affairs Department Cumulative Occupational Exposure History, 15376–15377 NOTICES Facility Operating Licenses and Combined Licenses: Cost of Living Adjustments for Service-Connected Benefits, Applications and Amendments Involving Proposed No 15420 Significant Hazards Considerations, etc., 15377– Workers Compensation Programs Office 15392 NOTICES Meetings: Agency Information Collection Activities; Proposals, Advisory Committee on Reactor Safeguards, 15375–15376 Meetings; Sunshine Act, 15377 Submissions, and Approvals: Division of Longshore and Harbor Workers’ Personnel Management Office Compensation, 15373–15374 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Separate Parts In This Issue Court Orders Affecting Retirement Benefits, 15392 Meetings: Part II Civil Service Retirement System Board of Actuaries, Federal Communications Commission, 15422–15456 15392–15393

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Reader Aids To subscribe to the Federal Register Table of Contents Consult the Reader Aids section at the end of this issue for electronic mailing list, go to https://public.govdelivery.com/ phone numbers, online resources, finding aids, and notice accounts/USGPOOFR/subscriber/new, enter your e-mail of recently enacted public laws. address, then follow the instructions to join, leave, or manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

14 CFR 39 (3 documents) ...... 15281, 15284, 15287 Proposed Rules: 71 (3 documents) ...... 15303, 15304, 15306 33 CFR 117...... 15290 165 (5 documents) ...... 15291, 15292, 15293, 15295, 15296 Proposed Rules: 165...... 15308 37 CFR 385...... 15297 40 CFR 52 (2 documents) ...... 15299, 15301 70...... 15301 Proposed Rules: 50...... 15310 51...... 15310 47 CFR 1...... 15422 54...... 15422 49 CFR 578...... 15302 50 CFR Proposed Rules: 648...... 15311

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Rules and Regulations Federal Register Vol. 82, No. 58

Tuesday, March 28, 2017

This section of the FEDERAL REGISTER and locating Docket No. FAA–2014– cracking at certain fastener locations in contains regulatory documents having general 0922. the longeron area below the emergency applicability and legal effect, most of which exit cut-outs, which could lead to Examining the AD Docket are keyed to and codified in the Code of failure of the fasteners and reduced Federal Regulations, which is published under You may examine the AD docket on structural integrity of the airplane. 50 titles pursuant to 44 U.S.C. 1510. the Internet at http:// The European Aviation Safety Agency The Code of Federal Regulations is sold by www.regulations.gov by searching for (EASA), which is the Technical Agent the Superintendent of Documents. and locating Docket No. FAA–2014– for the Member States of the European 0922; or in person at the Docket Union, has issued EASA Airworthiness Management Facility between 9 a.m. Directive 2015–0085, dated May 13, DEPARTMENT OF TRANSPORTATION and 5 p.m., Monday through Friday, 2015 (referred to after this as the except Federal holidays. The AD docket Mandatory Continuing Airworthiness Federal Aviation Administration contains this AD, the regulatory Information, or ‘‘the MCAI’’), to correct evaluation, any comments received, and an unsafe condition on certain Model 14 CFR Part 39 other information. The street address for A319 and Model A320 series airplanes. [Docket No. FAA–2014–0922; Directorate the Docket Office (telephone 800–647– The MCAI states: Identifier 2014–NM–156–AD; Amendment 5527) is Docket Management Facility, During the A320 fatigue test campaign for 39–18836; AD 2017–06–12] U.S. Department of Transportation, Extended Service Goal (ESG), it was RIN 2120–AA64 Docket Operations, M–30, West determined that fatigue damage could appear Building Ground Floor, Room W12–140, at certain fastener locations on the longeron Airworthiness Directives; Airbus 1200 New Jersey Avenue SE., [area] below the emergency exit cut-outs, on Washington, DC 20590. the left-hand (LH) and right-hand (RH) sides Airplanes of the fuselage. FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation This condition, if not detected and Sanjay Ralhan, Aerospace Engineer, corrected, could affect the structural integrity Administration (FAA), Department of International Branch, ANM–116, of the aeroplane. Transportation (DOT). Transport Airplane Directorate, FAA, To address this potential unsafe condition, ACTION: Final rule. 1601 Lind Avenue SW., Renton, WA Airbus developed a modification, which has 98057–3356; telephone 425–227–1405; been published through Airbus Service SUMMARY: We are adopting a new fax 425–227–1149. Bulletin (SB) A320–53–1265 for in-service airworthiness directive (AD) for certain application to allow aeroplanes to operate up SUPPLEMENTARY INFORMATION: Airbus Model A319 and A320 series to the new ESG limit. Consequently, EASA airplanes. This AD was prompted by a Discussion issued AD 2014–0176 to require modification (cold working) of 8 fastener locations in the report that fatigue cracking could appear We issued a supplemental notice of longeron area (Stringer 20A) below the at certain fastener locations in the proposed rulemaking (SNPRM) to emergency exit cut-outs on the LH and RH longeron area below the emergency exit amend 14 CFR part 39 by adding an AD sides. cut-outs. This AD requires the that would apply to certain Airbus Since that [EASA] AD was issued, it was identified that post-mod 32208 aeroplanes, modification of certain fastener Model A319 and A320 series airplanes. locations in the longeron area below the which were excluded from the Applicability The SNPRM published in the Federal of that [EASA] AD, are also affected. emergency exit cut-outs. We are issuing Register on January 20, 2016 (81 FR this AD to address the unsafe condition For the reason described above, this 3053) (‘‘the SNPRM’’). We preceded the [EASA] AD retains the requirements of EASA on these products. SNPRM with a notice of proposed AD 2014–0176, which is superseded, but no DATES: This AD is effective May 2, 2017. rulemaking (NPRM) that published in longer excludes post-mod 32208 aeroplanes The Director of the Federal Register the Federal Register on December 15, from the Applicability. approved the incorporation by reference 2014 (79 FR 74035) (‘‘the NPRM’’). The As described in FAA Advisory of a certain publication listed in this AD NPRM proposed to require the Circular 120–104, several programs have as of May 2, 2017. modification of eight fastener locations been developed to support initiatives ADDRESSES: For service information in the longeron area below the that will ensure the continued identified in this final rule, contact emergency exit cut-outs on the left-hand airworthiness of aging airplane Airbus, Airworthiness Office—EIAS, 1 (LH) and right-hand (RH) sides. The structure. The last element of those Rond Point Maurice Bellonte, 31707 NPRM was prompted by a report that initiatives is the requirement to Blagnac Cedex, France; telephone +33 5 fatigue cracking could appear at certain establish a LOV of the engineering data 61 93 36 96; fax +33 5 61 93 44 51; email fastener locations in the longeron area that support the structural maintenance [email protected]; below the emergency exit cut-outs. The program under 14 CFR 26.21. This AD Internet http://www.airbus.com. You NPRM was intended to complete certain is the result of an assessment of the may view this referenced service mandated programs intended to support previously established programs by the information at the FAA, Transport the airplane reaching its limit of validity design approval holder (DAH) during Airplane Directorate, 1601 Lind Avenue (LOV) of the engineering data that the process of establishing the LOV for SW., Renton, WA. For information on support the established structural Airbus Model A319 and A320 series the availability of this material at the maintenance program. The SNPRM airplanes. The actions specified in this FAA, call 425–227–1221. It is also proposed to add post-Airbus AD are necessary to complete certain available on the Internet at http:// Modification 32208 airplanes. We are programs to ensure the continued www.regulations.gov by searching for issuing this AD to detect and correct airworthiness of aging airplane structure

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and to support an airplane reaching its that is required by this AD, and • Are consistent with the intent that LOV. incorporated by reference in this AD, in was proposed in the SNPRM for You may examine the MCAI in the the AD docket on the Internet at http:// correcting the unsafe condition; and AD docket on the Internet at http:// www.regulations.gov. Therefore, the • Do not add any additional burden www.regulations.gov by searching for service information is available to the upon the public than was already and locating Docket No. FAA–2014– affected parties by the means identified proposed in the SNPRM. 0922. in the ADDRESSES section of this final We also determined that these changes will not increase the economic Comments rule. However, we have updated the burden on any operator or increase the We gave the public the opportunity to scope of this AD. participate in developing this AD. The estimated costs in this final rule to following presents the comments reflect the costs for required actions, as Related Service Information Under 1 received on the SNPRM and the FAA’s specified in the latest revision of the CFR Part 51 response to each comment. service information—i.e., Airbus Service Airbus has issued Service Bulletin Bulletin A320–53–1265, Revision 04, A320–53–1265, Revision 04, dated July Requests To Reference Revised Service dated July 6, 2016. 6, 2016. The service information Information Request To Revise Proposed describes procedures for modifying the Airbus, Delta Air Lines (Delta), and Applicability fastener locations in the longeron area United Airlines (United) requested that below the emergency exit cut-outs on we revise the SNPRM to reference Delta requested that we revise the both RH and LH sides of the fuselage. Airbus Service Bulletin A320–53–1265, proposed applicability to reflect the This service information is reasonably Revision 03, dated April 30, 2015. effectivity specified in Airbus Service available because the interested parties We agree with the commenters’ Bulletin A320–53–1265, Revision 02, have access to it through their normal requests to include the most recent dated July 10, 2014. Delta pointed out course of business or by the means service information; however, since that, in our response to a comment from identified in the ADDRESSES section. Revision 03 was issued, Airbus Service United in the SNPRM, we stated that we Bulletin A320–53–1265, Revision 04, had revised the applicability to reflect Costs of Compliance dated July 6, 2016, has been issued. No the effectivity of Airbus Service Bulletin We estimate that this AD affects 294 additional work is specified by Revision A320–53–1265, Revision 02, dated July airplanes of U.S. registry. 03 or Revision 04 of Airbus Service 10, 2014. Delta asserted that the We estimate that it takes between 7 Bulletin A320–53–1265. Therefore, we proposed applicability was not updated and 12 work-hours per product to have revised paragraph (g) of this AD to as stated. comply with the basic requirements of reference Airbus Service Bulletin A320– We do not agree to revise the this AD, depending on airplane 53–1265, Revision 04, dated July 6, applicability of this AD. However, we configuration. The average labor rate is 2016, and we have revised paragraph (h) acknowledge that we did not revise the $85 per work-hour. Required parts will of this AD to provide credit for actions applicability specified in the proposed cost about $0 per product. Based on accomplished prior to the effective date AD (in the SNPRM) to reflect the these figures, we estimate the cost of of this AD using Airbus Service Bulletin effectivity of Airbus Service Bulletin this AD on U.S. operators to be between A320–53–1265, Revision 02, dated July A320–53–1265, Revision 02, dated July $174,930 and $299,880, or between 10, 2014; or Airbus Service Bulletin 10, 2014. That service information $595 and $1,020 per product. A320–53–1265, Revision 03, dated April specifies certain manufacturer’s serial 30, 2015. Authority for This Rulemaking numbers (MSNs) for certain operators; Title 49 of the United States Code however, the applicability of this AD Request To Revise Proposed Costs of specifies the FAA’s authority to issue matches the applicability specified in Compliance rules on aviation safety. Subtitle I, the MCAI, which applies to all MSNs, Delta asked that we include the section 106, describes the authority of except those airplanes on which Airbus purchase price of the Airbus service the FAA Administrator. ‘‘Subtitle VII: Modification 152637 has been embodied information in the Costs of Compliance Aviation Programs,’’ describes in more in production. Airbus developed section of the SNPRM. Delta stated that detail the scope of the Agency’s Modification 152637 to enable these operators must purchase the service authority. information at a cost ranging, in their airplanes to continue to safely operate We are issuing this rulemaking under experience, from $15,000 to $280,000 up to the new ESG. Because all the authority described in ‘‘Subtitle VII, per airplane. Delta added that the airplanes reaching their LOV are subject Part A, Subpart III, Section 44701: economic impact of the SNPRM should to the effects of aging airplane structure, General requirements.’’ Under that account for all costs associated with the regardless of who operates them, we section, Congress charges the FAA with regulatory action, including the find it necessary to apply the promoting safe flight of civil aircraft in purchase price of the service requirements of this AD to all airplanes air commerce by prescribing regulations information. that have not had Airbus Modification for practices, methods, and procedures We do not agree with the commenter’s 152637 installed. We have not revised the Administrator finds necessary for request. The cost analysis in AD this AD in this regard. safety in air commerce. This regulation rulemaking actions describes only the Conclusion is within the scope of that authority direct costs of the specific actions because it addresses an unsafe condition required by the AD. Based on the best We reviewed the relevant data, that is likely to exist or develop on data available, the manufacturer considered the comments received, and products identified in this rulemaking provided the number of work-hours determined that air safety and the action. necessary for compliance with this AD, public interest require adopting this AD and the cost of any parts necessary for with the changes described previously, Regulatory Findings accomplishing those actions. It is our and minor editorial changes. We have We determined that this AD will not practice to post the service information determined that these minor changes: have federalism implications under

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Executive Order 13132. This AD will fastener locations in the longeron area below (3) Required for Compliance (RC): If any not have a substantial direct effect on the emergency exit cut-outs. We are issuing service information contains procedures or the States, on the relationship between this AD to detect and correct cracking at tests that are identified as RC, those the national government and the States, certain fastener locations in the longeron area procedures and tests must be done to comply or on the distribution of power and below the emergency exit cut-outs, which with this AD; any procedures or tests that are could lead to failure of the fasteners and not identified as RC are recommended. Those responsibilities among the various reduced structural integrity of the airplane. levels of government. procedures and tests that are not identified For the reasons discussed above, I (f) Compliance as RC may be deviated from using accepted certify that this AD: Comply with this AD within the methods in accordance with the operator’s 1. Is not a ‘‘significant regulatory compliance times specified, unless already maintenance or inspection program without action’’ under Executive Order 12866; done. obtaining approval of an AMOC, provided 2. Is not a ‘‘significant rule’’ under the the procedures and tests identified as RC can DOT Regulatory Policies and Procedures (g) Modification of Fastener Locations be done and the airplane can be put back in (44 FR 11034, February 26, 1979); Before the accumulation of 48,000 total an airworthy condition. Any substitutions or 3. Will not affect intrastate aviation in flight cycles or 96,000 total flight hours, changes to procedures or tests identified as Alaska; and whichever occurs first since the airplane’s RC require approval of an AMOC. first flight, modify the 8 fastener locations in 4. Will not have a significant (j) Related Information economic impact, positive or negative, the longeron area (stringer 20A) below the emergency exit cut-outs on both right-hand on a substantial number of small entities (1) Refer to Mandatory Continuing (RH) and left-hand (LH)- sides, in accordance Airworthiness Information (MCAI) EASA under the criteria of the Regulatory with the Accomplishment Instructions of Flexibility Act. Airworthiness Directive 2015–0085, dated Airbus Service Bulletin A320–53–1265, May 13, 2015, for related information. This Revision 04, dated July 6, 2016. List of Subjects in 14 CFR Part 39 MCAI may be found in the AD docket on the Air transportation, Aircraft, Aviation (h) Credit for Previous Actions Internet at http://www.regulations.gov by safety, Incorporation by reference, This paragraph provides credit for the searching for and locating Docket No. FAA– Safety. actions required by paragraph (g) of this AD, 2014–0922. if those actions were performed before the (2) Service information identified in this Adoption of the Amendment effective date of this AD using Airbus Service AD that is not incorporated by reference is Accordingly, under the authority Bulletin A320–53–1265, dated January 2, available at the addresses specified in delegated to me by the Administrator, 2013; Airbus Service Bulletin A320–53–1265, paragraphs (k)(3) and (k)(4) of this AD. the FAA amends 14 CFR part 39 as Revision 01, dated July 2, 2013; Airbus Service Bulletin A320–53–1265, Revision 02, (k) Material Incorporated by Reference follows: dated July 10, 2014; or Airbus Service (1) The Director of the Federal Register PART 39—AIRWORTHINESS Bulletin A320–53–1265, Revision 03, dated approved the incorporation by reference April 30, 2015. DIRECTIVES (IBR) of the service information listed in this (i) Other FAA AD Provisions paragraph under 5 U.S.C. 552(a) and 1 CFR ■ 1. The authority citation for part 39 The following provisions also apply to this part 51. continues to read as follows: AD: (2) You must use this service information as applicable to do the actions required by Authority: 49 U.S.C. 106(g), 40113, 44701. (1) Alternative Methods of Compliance (AMOCs): The Manager, International this AD, unless this AD specifies otherwise. § 39.13 [Amended] Branch, ANM–116, Transport Airplane (i) Airbus Service Bulletin A320–53–1265, ■ 2. The FAA amends § 39.13 by adding Directorate, FAA, has the authority to Revision 04, dated July 6, 2016. approve AMOCs for this AD, if requested (ii) Reserved. the following new airworthiness using the procedures found in 14 CFR 39.19. (3) For service information identified in directive (AD): In accordance with 14 CFR 39.19, send your this AD, contact Airbus, Airworthiness 2017–06–12 Airbus: Amendment 39–18836; request to your principal inspector or local Office—EIAS, 1 Rond Point Maurice Docket No. FAA–2014–0922; Directorate Flight Standards District Office, as Bellonte, 31707 Blagnac Cedex, France; Identifier 2014–NM–156–AD. appropriate. If sending information directly telephone +33 5 61 93 36 96; fax +33 5 61 to the International Branch, send it to ATTN: 93 44 51; email account.airworth-eas@ (a) Effective Date Sanjay Ralhan, Aerospace Engineer, airbus.com; Internet http://www.airbus.com. This AD is effective May 2, 2017. International Branch, ANM–116, Transport (4) You may view this service information (b) Affected ADs Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; at the FAA, Transport Airplane Directorate, None. telephone 425–227–1405; fax 425–227–1149. 1601 Lind Avenue SW., Renton, WA. For information on the availability of this (c) Applicability Information may be emailed to: 9-ANM-116- [email protected]. Before using material at the FAA, call 425–227–1221. This AD applies to the Airbus airplanes any approved AMOC, notify your appropriate (5) You may view this service information identified in paragraphs (c)(1) and (c)(2) of principal inspector, or lacking a principal that is incorporated by reference at the this AD, certificated in any category, except inspector, the manager of the local flight National Archives and Records those on which Airbus modification (mod) standards district office/certificate holding 152637 has been embodied in production. Administration (NARA). For information on district office. The AMOC approval letter (1) Airbus Model A319–111, –112, –113, the availability of this material at NARA, call –114, –115, –131, –132, and –133 airplanes, must specifically reference this AD. 202–741–6030, or go to: http:// all manufacturer serial numbers (MSN). (2) Contacting the Manufacturer: For any www.archives.gov/federal-register/cfr/ibr- (2) Airbus Model A320–211, –212, –214, requirement in this AD to obtain corrective locations.html. –231, –232, and –233 airplanes, all MSN. actions from a manufacturer, the action must be accomplished using a method approved Issued in Renton, Washington, on March (d) Subject by the Manager, International Branch, ANM– 16, 2017. Air Transport Association (ATA) of 116, Transport Airplane Directorate, FAA; or Dionne Palermo, the European Aviation Safety Agency America Code 53, Fuselage. Acting Manager, Transport Airplane (EASA); or Airbus’s EASA Design Directorate, Aircraft Certification Service. (e) Reason Organization Approval (DOA). If approved by This AD was prompted by a report that the DOA, the approval must include the [FR Doc. 2017–05766 Filed 3–27–17; 8:45 am] fatigue cracking could appear at certain DOA-authorized signature. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Docket Management Facility, U.S. the inspection area specified in SASB Department of Transportation, Docket 737–55–1059 R1. Federal Aviation Administration Operations, M–30, West Building We agree with ANA’s request. Ground Floor, Room W12–140, 1200 Specifying the location of the applicable 14 CFR Part 39 New Jersey Avenue SE., Washington, repairs may reduce potential confusion. Therefore, we have revised paragraphs [Docket No. FAA–2016–9068; Directorate DC 20590. Identifier 2016–NM–067–AD; Amendment FOR FURTHER INFORMATION CONTACT: (h)(1), (h)(2), and (h)(3) of this AD to 39–18838; AD 2017–06–14] George Garrido, Aerospace Engineer, specify the location of the applicable Airframe Branch, ANM–120L, FAA, Los repairs. RIN 2120–AA64 Angeles Aircraft Certification Office Request To Clarify Fastener Airworthiness Directives; The Boeing (ACO), 3960 Paramount Boulevard, Requirements Company Airplanes Lakewood, CA 90712–4137; phone: 562–627–5232; fax: 562–627–5210; ANA requested that we clarify the AGENCY: Federal Aviation email: [email protected]. fastener requirements. ANA stated that figure 3 in Boeing Special Attention Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: Service Bulletin 737–55–1059, dated ACTION: Final rule. Discussion September 10, 1998, specifies to use SUMMARY: We are adopting a new We issued a notice of proposed blind rivets and Hi-lok fasteners; airworthiness directive (AD) for certain rulemaking (NPRM) to amend 14 CFR however, compliance table 2, note (b), The Boeing Company Model 737–300, part 39 by adding an AD that would in SASB 737–55–1059 R1, states that –400, and –500 series airplanes. This apply to certain The Boeing Company doublers installed with solid rivets do AD was prompted by reports of cracks Model 737–300, –400, and –500 series not need to be inspected for any loose in the horizontal stabilizer lower skins. airplanes. The NPRM published in the or missing fasteners. ANA explained This AD requires inspections for Federal Register on September 8, 2016 that Boeing told ANA that Hi-lok cracking of the horizontal stabilizer (81 FR 62022) (‘‘the NPRM’’). The fasteners do not require inspection for lower skin, and corrective actions if NPRM was prompted by reports of any loose or missing fasteners. necessary; and also provides actions cracks in the horizontal stabilizer lower We agree to clarify the fastener that would terminate certain repetitive skins. The NPRM proposed to require requirements. We infer that ANA is inspections. We are issuing this AD to inspections for cracking of the requesting that we update paragraph (h) address the unsafe condition on these horizontal stabilizer lower skin, of this AD to specify that Hi-lok products. including repetitive inspections, as fasteners do not require inspection. We have determined that Hi-lok fasteners DATES: This AD is effective May 2, 2017. applicable, and corrective actions if necessary; and also proposed actions do not require inspection. Therefore, we The Director of the Federal Register have added paragraph (i)(3) to this AD approved the incorporation by reference that would terminate certain repetitive inspections. We are issuing this AD to to specify that where SASB 737–55– of a certain publication listed in this AD 1059 R1 specifies that doublers installed as of May 2, 2017. detect and correct cracks in horizontal stabilizer lower skins resulting in with solid rivets do not need to be ADDRESSES: For service information reduced local stiffness of the horizontal inspected for loose or missing fasteners, identified in this final rule, contact stabilizer, which can cause heavy this AD does not require doublers Boeing Commercial Airplanes, vibration leading to loss of structural installed with solid rivets or Hi-lok Attention: Contractual & Data Services integrity of the horizontal stabilizer. fasteners to be inspected for loose or (C&DS), 2600 Westminster Blvd., MC missing fasteners. We have also revised 110–SK57, Seal Beach, CA 90740–5600; Comments paragraph (h)(1) of this AD to reference telephone 562–797–1717; Internet We gave the public the opportunity to this exception. https://www.myboeingfleet.com. You participate in developing this AD. The may view this referenced service Request To Revise Configuration following presents the comments Description information at the FAA, Transport received on the NPRM and the FAA’s Airplane Directorate, 1601 Lind Avenue response to each comment. ANA requested that we revise SW., Renton, WA. For information on paragraph (h) of the proposed AD to the availability of this material at the Support for the NPRM refer to the horizontal stabilizer FAA, call 425–227–1221. It is also Boeing expressed support for the configuration with the applicable repair available on the Internet at http:// NPRM. installed side only. ANA asserted that www.regulations.gov by searching for the wording of paragraph (h) of the Request To Revise Repair Instructions and locating Docket No. FAA–2016– proposed AD could be interpreted to 9068. All Nippon Airways (ANA) requested require inspection of both the repaired that we revise paragraphs (h)(1) and and unrepaired sides of the horizontal Examining the AD Docket (h)(3) of the proposed AD to state stabilizer. You may examine the AD docket on ‘‘repair common to the rear spar lower We agree with ANA’s request. The the Internet at http:// chord between station (STA) 83.50 and wording in the proposed AD is not clear www.regulations.gov by searching for STA 249.10,’’ instead of ‘‘repair.’’ ANA regarding what is required if an airplane and locating Docket No. FAA–2016– stated that there might be a repair has left and right stabilizers that are 9068; or in person at the Docket installed on the lower skin of the different configurations. For example, Management Facility between 9 a.m. horizontal stabilizer that is not the left-side stabilizer may have a repair and 5 p.m., Monday through Friday, addressed in Boeing Special Attention installed common to the rear spar lower except Federal holidays. The AD docket Service Bulletin 737–55–1059, Revision chord (configuration 2), whereas the contains this AD, the regulatory 1, dated April 6, 2016 (‘‘SASB 737–55– right side may not have a repair evaluation, any comments received, and 1059 R1’’). ANA explained that some (configuration 1). We have revised the other information. The address for the structural repair manual repairs and affected airplanes in paragraph (g) of Docket Office (phone: 800–647–5527) is external doublers are not applicable to this AD from ‘‘Group 1, Configuration 1,

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airplanes’’ to ‘‘any Configuration 1 final rule. Therefore, for airplanes on Related Service Information Under 1 horizontal stabilizer on Group 1 which STC ST01219SE is installed, a CFR Part 51 airplanes’’. We have revised the affected ‘‘change in product’’ AMOC approval products in paragraph (h) of this AD request is not necessary to comply with We reviewed SASB 737–55–1059 R1. from ‘‘Group 1, Configuration 2, the requirements of 14 CFR 39.17. The service information describes procedures for doing inspections of the airplanes’’ to ‘‘any Configuration 2 Conclusion horizontal stabilizer on Group 1 horizontal stabilizer lower skin, and airplanes.’’ We reviewed the relevant data, repairs. The service information also considered the comments received, and describes procedures for doing actions Effect of Winglets on Accomplishment determined that air safety and the that would terminate certain repetitive of the Proposed Actions public interest require adopting this AD inspections. This service information is with the changes described previously Aviation Partners Boeing stated that reasonably available because the and minor editorial changes. We have accomplishing the Supplemental Type interested parties have access to it determined that these minor changes: through their normal course of business Certificate (STC) ST01219SE does not • Are consistent with the intent that affect the actions specified in the was proposed in the NPRM for or by the means identified in the NPRM. correcting the unsafe condition; and ADDRESSES section. • We concur with the commenter. We Do not add any additional burden Costs of Compliance have redesignated paragraph (c) of the upon the public than was already proposed AD as paragraph (c)(1) of this proposed in the NPRM. We estimate that this AD affects 270 AD and added paragraph (c)(2) to this We also determined that these airplanes of U.S. registry. AD to state that installation of STC changes will not increase the economic We estimate the following costs to ST01219SE does not affect the ability to burden on any operator or increase the comply with this AD: accomplish the actions required by this scope of this AD.

ESTIMATED COSTS

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

Inspection ...... 4 work-hours × $85 per hour = $340 per in- $0 $340 per inspection cycle ...... $91,800 per inspection cycle. spection cycle.

ESTIMATED COSTS FOR OPTIONAL ACTIONS

Action Labor cost Parts cost Cost per product

Modification ...... Up to 51 work-hours per stabilizer × $85 per hour = $4,335 .. $721 Up to $5,056 per stabilizer.

We estimate the following costs to do required based on the results of the determining the number of aircraft that any necessary repairs that will be inspection. We have no way of might need these repairs:

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Skin splice repair ...... Up to 438 work-hours × $85 per hour = $37,230 ...... $0 Up to $37,230. External doubler repair ...... 26 work-hours × $85 per hour = $2,210 ...... 0 $2,210.

Authority for This Rulemaking is within the scope of that authority (1) Is not a ‘‘significant regulatory Title 49 of the United States Code because it addresses an unsafe condition action’’ under Executive Order 12866, specifies the FAA’s authority to issue that is likely to exist or develop on (2) Is not a ‘‘significant rule’’ under rules on aviation safety. Subtitle I, products identified in this rulemaking DOT Regulatory Policies and Procedures section 106, describes the authority of action. (44 FR 11034, February 26, 1979), the FAA Administrator. Subtitle VII: Regulatory Findings (3) Will not affect intrastate aviation Aviation Programs, describes in more in Alaska, and detail the scope of the Agency’s This AD will not have federalism authority. implications under Executive Order (4) Will not have a significant We are issuing this rulemaking under 13132. This AD will not have a economic impact, positive or negative, the authority described in Subtitle VII, substantial direct effect on the States, on on a substantial number of small entities Part A, Subpart III, Section 44701: the relationship between the national under the criteria of the Regulatory ‘‘General requirements.’’ Under that government and the States, or on the Flexibility Act. section, Congress charges the FAA with distribution of power and List of Subjects in 14 CFR Part 39 promoting safe flight of civil aircraft in responsibilities among the various air commerce by prescribing regulations levels of government. Air transportation, Aircraft, Aviation for practices, methods, and procedures safety, Incorporation by reference, For the reasons discussed above, I the Administrator finds necessary for Safety. safety in air commerce. This regulation certify that this AD:

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Adoption of the Amendment in SASB 737–55–1059 R1: Except as of this service bulletin,’’ this AD requires specified in paragraph (i)(1) of this AD, at the compliance within the specified compliance Accordingly, under the authority applicable time specified in paragraph 1.E., time after the effective date of this AD. delegated to me by the Administrator, ‘‘Compliance,’’ of SASB 737–55–1059 R1, do (2) If any cracking, corrosion, hole the FAA amends 14 CFR part 39 as a detailed inspection for cracking of the elongation, or loose or missing fastener is follows: horizontal stabilizer lower skin; and do all found during any inspection required by this applicable related investigative and AD, and SASB 737–55–1059 R1 specifies to PART 39—AIRWORTHINESS corrective actions; in accordance with the contact Boeing for repair instructions: Before DIRECTIVES Accomplishment Instructions of SASB 737– further flight, repair the cracking, corrosion, 55–1059 R1, except as specified in paragraph hole elongation, loose or missing fasteners ■ 1. The authority citation for part 39 (i)(2) of this AD. Do all applicable related using a method approved in accordance with continues to read as follows: investigative and corrective actions before the procedures specified in paragraph (j) of further flight. Repeat the inspection of the this AD. Authority: 49 U.S.C. 106(g), 40113, 44701. horizontal stabilizer lower skin, if applicable, (3) Where SASB 737–55–1059 R1 specifies thereafter at the applicable intervals specified § 39.13 [Amended] that doublers installed with solid rivets do in paragraph 1.E., ‘‘Compliance,’’ of SASB not need to be inspected for loose or missing ■ 2. The FAA amends § 39.13 by adding 737–55–1059 R1. Options specified in SASB fasteners, this AD does not require doublers the following new airworthiness 737–55–1059 R1 for accomplishing the installed with solid rivets or Hi-lok fasteners directive (AD): inspections are acceptable for the to be inspected for loose or missing fasteners. corresponding requirements of this paragraph 2017–06–14 The Boeing Company: provided that the inspections are done at the (j) Alternative Methods of Compliance Amendment 39–18838; Docket No. applicable times in paragraph 1.E., (AMOCs) FAA–2016–9068; Directorate Identifier ‘‘Compliance,’’ of the SASB 737–55–1059 R1. (1) The Manager, Los Angeles Aircraft 2016–NM–067–AD. Certification Office (ACO), FAA, has the (h) Inspections, Related Investigative (a) Effective Date authority to approve AMOCs for this AD, if Actions, and Corrective Actions for requested using the procedures found in 14 This AD is effective May 2, 2017. Configuration 2 Horizontal Stabilizers on CFR 39.19. In accordance with 14 CFR 39.19, Group 1 Airplanes (b) Affected ADs send your request to your principal inspector For any Configuration 2 horizontal or local Flight Standards District Office, as None. stabilizer on Group 1 airplanes, as identified appropriate. If sending information directly (c) Applicability in SASB 737–55–1059 R1: Except as to the manager of the ACO, send it to the (1) This AD applies to The Boeing specified in paragraph (i)(1) of this AD, at the attention of the person identified in Company Model 737–300, –400, and –500 applicable time specified in paragraph 1.E., paragraph (k) of this AD. Information may be series airplanes, certificated in any category, ‘‘Compliance,’’ of SASB 737–55–1059 R1, do emailed to: 9-ANM-LAACO-AMOC- as identified in Boeing Special Attention the actions specified in paragraphs (h)(1), [email protected]. Service Bulletin 737–55–1059, Revision 1, (h)(2), and (h)(3) of this AD; and do all (2) Before using any approved AMOC, dated April 6, 2016 (‘‘SASB 737–55–1059 applicable related investigative and notify your appropriate principal inspector, R1’’). corrective actions; in accordance with the or lacking a principal inspector, the manager (2) Installation of Supplemental Type Accomplishment Instructions of SASB 737– of the local flight standards district office/ Certificate (STC) ST01219SE (http:// 55–1059 R1, except as specified in paragraph certificate holding district office. rgl.faa.gov/Regulatory_and_Guidance_ (i)(2) of this AD. Do all applicable related (3) An AMOC that provides an acceptable Library/rgstc.nsf/0/ investigative and corrective actions before level of safety may be used for any repair, ebd1cec7b301293e86257cb30045557a/$FILE/ further flight. Repeat the inspections modification, or alteration required by this ST01219SE.pdf) does not affect the ability to specified in paragraphs (h)(1), (h)(2), and AD if it is approved by the Boeing accomplish the actions required by this AD. (h)(3) of this AD, if applicable, thereafter at Commercial Airplanes Organization Therefore, for airplanes on which STC the applicable intervals specified in Designation Authorization (ODA) that has ST01219SE is installed, a ‘‘change in paragraph 1.E., ‘‘Compliance,’’ of SASB 737– been authorized by the Manager, Los Angeles product’’ alternative method of compliance 55–1059 R1. Options specified in SASB 737– ACO, to make those findings. To be (AMOC) approval request is not necessary to 55–1059 R1, for accomplishing the approved, the repair method, modification comply with the requirements of 14 CFR inspections are acceptable for the deviation, or alteration deviation must meet 39.17. corresponding requirements of this paragraph the certification basis of the airplane, and the provided that the inspections are done at the approval must specifically refer to this AD. (d) Subject applicable times in paragraph 1.E., (k) Related Information Air Transport Association (ATA) of ‘‘Compliance,’’ of SASB 737–55–1059 R1. America Code 55; Horizontal stabilizer. (1) Do a high frequency eddy current For more information about this AD, inspection for cracking of the skin around contact George Garrido, Aerospace Engineer, (e) Unsafe Condition any repair common to the rear spar lower Airframe Branch, ANM–120L, FAA, Los This AD was prompted by reports of cracks chord between station (STA) 83.50 and STA Angeles ACO, 3960 Paramount Boulevard, in horizontal stabilizer lower skins. We are 249.10 which was done as specified in the Lakewood, CA 90712–4137; phone: 562–627– issuing this AD to detect and correct cracks structural repair manual or any external 5232; fax: 562–627–5210; email: in horizontal stabilizer lower skins, resulting doubler repair, and a detailed inspection for [email protected]. any loose or any missing fastener of repaired in reduced local stiffness of the stabilizer, (l) Material Incorporated by Reference which can cause heavy vibration leading to doublers, except as specified in paragraph loss of structural integrity of the horizontal (i)(3) of this AD. (1) The Director of the Federal Register stabilizer. (2) Do a detailed inspection for cracking of approved the incorporation by reference the inspar lower skin between STA 83.50 and (IBR) of the service information listed in this (f) Compliance STA 249.10, except in areas repaired paragraph under 5 U.S.C. 552(a) and 1 CFR Comply with this AD within the common to the rear spar lower chord. part 51. compliance times specified, unless already (3) Do a low frequency eddy current (2) You must use this service information done. inspection for cracking of the forward as applicable to do the actions required by fastener row of any external doubler repair this AD, unless the AD specifies otherwise. (g) Inspections, Related Investigative common to the rear spar lower chord (i) Boeing Special Attention Service Actions, and Corrective Actions for between STA 83.50 and STA 249.10. Bulletin 737–55–1059, Revision 1, dated Configuration 1 Horizontal Stabilizers on April 6, 2016. Group 1 Airplanes (i) Service Information Exceptions (ii) Reserved. For any Configuration 1 horizontal (1) Where SASB 737–55–1059 R1 specifies (3) For Boeing service information stabilizer on Group 1 airplanes, as identified a compliance time ‘‘after the Revision 1 date identified in this AD, contact Boeing

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Commercial Airplanes, Attention: 6215; fax 316–517–5802; email bulkhead. Loss of bond integrity could Contractual & Data Services (C&DS), 2600 [email protected]; Internet result in a structural failure that could Westminster Blvd., MC 110–SK57, Seal https://support.cessna.com/custsupt/ lead to separation of the cruciform tail Beach, CA 90740–5600; telephone 562–797– csupport/newlogin.jsp. You may review and loss of control of the airplane. 1717; Internet https:// www.myboeingfleet.com. this referenced service information at Comments (4) You may view this service information the FAA, Transport Airplane at the FAA, Transport Airplane Directorate, Directorate, 1601 Lind Avenue SW., We gave the public the opportunity to 1601 Lind Avenue SW., Renton, WA. For Renton, WA. For information on the participate in developing this AD. The information on the availability of this availability of this material at the FAA, following presents the comments material at the FAA, call 425–227–1221. call 425–227–1221. It is also available received on the NPRM and the FAA’s (5) You may view this service information on the Internet at http:// response to each comment. that is incorporated by reference at the www.regulations.gov by searching for National Archives and Records Request To Limit Findings to Administration (NARA). For information on and locating Docket No. FAA–2016– ‘‘Disbonding’’ 3705. the availability of this material at NARA, call NetJets Aviation, Inc. (NetJets) 202–741–6030, or go to: http:// Examining the AD Docket requested that we revise paragraph (h) www.archives.gov/federal-register/cfr/ibr- of the proposed AD to remove ‘‘cracked locations.html. You may examine the AD docket on paint’’ as a possible finding from the Issued in Renton, Washington, on March the Internet at http:// www.regulations.gov by searching for inspection. NetJets acknowledged that 16, 2017. cracked paint, while not a safety Dionne Palermo, and locating Docket No. FAA–2016– 3705; or in person at the Docket concern on its own, should be Acting Manager, Transport Airplane investigated to ensure that it is not Directorate, Aircraft Certification Service. Management Facility between 9 a.m. and 5 p.m., Monday through Friday, evidence of disbonding. NetJets [FR Doc. 2017–05768 Filed 3–27–17; 8:45 am] except Federal holidays. The AD docket indicated that the requirement for a BILLING CODE 4910–13–P contains this AD, the regulatory disbond to be repaired per an alternative evaluation, any comments received, and method of compliance (AMOC) is sufficient to ensure that the safety DEPARTMENT OF TRANSPORTATION other information. The address for the Docket Office (phone: 800–647–5527) is concern is addressed appropriately. We agree with the commenter that Docket Management Facility, U.S. Federal Aviation Administration cracked paint may not be a safety Department of Transportation, Docket concern on its own; however it is Operations, M–30, West Building 14 CFR Part 39 evidence that a disbond of the structure Ground Floor, Room W12–140, 1200 may have occurred and should be [Docket No. FAA–2016–3705; Directorate New Jersey Avenue SE., Washington, Identifier 2015–NM–168–AD; Amendment investigated further to ensure there is no DC 20590. 39–18837; AD 2017–06–13] evidence of disbonding. Thus, if cracked FOR FURTHER INFORMATION CONTACT: RIN 2120–AA64 paint is found, operators must contact Phuoc Le, Aerospace Engineer, Airframe the FAA for procedures to determine Airworthiness Directives; Textron Branch, ACE–118W, Wichita Aircraft whether the cracked paint was an Aviation Inc. (Type Certificate Certification Office (ACO), FAA, 1801 indication of disbonding. We have Previously Held by Cessna Aircraft Airport Road, Room 100, Dwight D. revised paragraph (h) of this AD to Company) Airplanes Eisenhower Airport, Wichita, KS 67209; clarify that operators must obtain phone: 316–946–4195; fax: 316–946– instructions from the FAA and comply AGENCY: Federal Aviation 4107; email: [email protected]. with those instructions. Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: ACTION: Final rule. Request To Have Cessna Engineering Discussion Drawing Be Made Available SUMMARY: We are adopting a new We issued a notice of proposed NetJets indicated that paragraph (n)(2) airworthiness directive (AD) for certain rulemaking (NPRM) to amend 14 CFR of the proposed AD states that the Textron Aviation Inc. (Textron) Model part 39 by adding an AD that would required service information is available 680 airplanes. This AD was prompted apply to certain Textron Aviation Inc. from Textron. However, Netjets stated by Textron’s report of a manufacturing Model 680 airplanes. The NPRM that Textron does not provide owners/ defect that affects the durability of the published in the Federal Register on operators with access to Cessna aft canted bulkhead metallic structure. February 26, 2016 (81 FR 9790) (‘‘the Engineering Drawing 6991115 This AD requires repetitive inspections NPRM’’). The NPRM was prompted by (‘‘Drawing 6991115’’), which is required of the aft canted bulkhead; repair if Textron’s report of a manufacturing for compliance with paragraph (i) of the necessary; and a modification, which defect that affects the durability of the proposed AD. NetJets added that the would terminate the repetitive aft canted bulkhead metallic structure. required service information is not inspections. We are issuing this AD to The manufacturing defect directly available at the Federal Register and is address the unsafe condition on these affects the bond integrity of the vertical not available to owners/operators products. and horizontal stiffeners on the aft through the source identified in the DATES: This AD is effective May 2, 2017. canted bulkhead metallic structure. The proposed AD. NetJets indicated that The Director of the Federal Register NPRM proposed to require repetitive Cessna Service Bulletin SB680–53–08, approved the incorporation by reference inspections of the aft canted bulkhead dated September 28, 2015, states that of certain publications listed in this AD and repair if necessary. The NPRM also only Textron-owned service centers can as of May 2, 2017. proposed to require a modification complete the modification and have ADDRESSES: For service information which would terminate the repetitive access to Drawing 6991115. NetJets identified in this final rule, contact inspections. We are issuing this AD to stated that access to Drawing 6991115 Textron Aviation Inc., P.O. Box 7706, prevent disbonding of the horizontal should be made available to owners/ Wichita, KS 67277; telephone 316–517– and vertical stiffeners on the aft canted operators, and the proposed AD should

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state that compliance at a Textron- required for compliance with the • Are consistent with the intent that owned service center is not required by proposed AD, NetJets asserted that it is was proposed in the NPRM for the AD. not possible for an owner/operator to correcting the unsafe condition; and We acknowledge that Drawing comply with its responsibility to ensure • Do not add any additional burden 6991115 is not available to owners/ that FAA approval was obtained. upon the public than was already operators. However, drawing 6991115 is We partially agree that there is a need proposed in the NPRM. only used for an airplane that is to specify acceptable revision levels of modified at a Textron-owned service We also determined that these Drawing 6991115. However, with the changes will not increase the economic center. Cessna Service Bulletin SB680– release of SB680–53–08, Revision 2, 53–08, Revision 2, dated November 2, burden on any operator or increase the Drawing 6991115 is no longer scope of this AD. 2016 (‘‘SB680–53–08, Revision 2’’) applicable for the owners/operators who (issued after the NPRM was published), elect to accomplish SB680–53–08, Related Service Information Under 1 includes a reference to Cessna Revision 2, at a non-Textron facility. CFR Part 51 Engineering Drawing 6991119 Instead, the revision levels of Drawing (‘‘Drawing 6991119’’), which should be We reviewed the following Cessna 6991119 are now applicable for the available to owners/operators and service information. owners/operators who will accomplish contains approved data for owners/ • SB680–53–08, Revision 2, at a non- Cessna Service Letter SL680–53–05, operators who choose to modify their Textron facility. Although SB680–53– Revision 2, dated September 30, 2015. airplanes at a non-Textron-owned 08, Revision 2, specifies using the latest The service information describes service center. We have revised revision of Drawing 6991119, this AD procedures for a general visual paragraph (i) of this AD to refer to allows use of any revision level of that inspection for disbonding and paint SB680–53–08, Revision 2. drawing. We have added paragraph (k) cracking around the edges of the Request To Include the Revision Level to this AD to specify this provision; stiffeners on the aft canted bulkhead. for Cessna Engineering Drawing subsequent paragraphs have been • Cessna Service Bulletin SB680–53– 08, Revision 2, dated November 2, 2016. NetJets requested that the revision redesignated accordingly. We have The service information describes level for Drawing 6991115 be added to reviewed all existing revisions of paragraph (i) of the proposed AD, and Drawing 6991119, and have found all to procedures for modifying the airplane that paragraph (i) of the proposed AD be acceptable. In addition, paragraph (i) by installing additional stiffeners to the allow later revisions to Drawing of this AD has been revised to specify aft canted bulkhead. 6991115. Paragraph (i) of the proposed compliance with SB680–53–08, This service information is reasonably AD would require compliance with Revision 2. available because the interested parties have access to it through their normal Cessna Service Bulletin SB680–53–08, Conclusion dated September 28, 2015, which course of business or by the means contains a reference to the modification We reviewed the relevant data, identified in the ADDRESSES section. instructions contained in Drawing considered the comments received, and Costs of Compliance 6991115. Because neither Cessna determined that air safety and the Service Bulletin SB680–53–08, dated public interest require adopting this AD We estimate that this AD affects 123 September 28, 2015, nor paragraph (i) of with the changes described previously airplanes of U.S. registry. We estimate the proposed AD specifies the revision and minor editorial changes. We have the following costs to comply with this level of Drawing 6991115 that would be determined that these minor changes: AD:

ESTIMATED COSTS

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

Inspection ...... 1 work-hour × $85 per hour = $85 per inspection $0 $85 per inspection cycle $10,455 per inspection cycle. cycle. Modification ...... 180 work-hours × $85 per hour = $15,300 ...... 3,190 18,490 ...... 2,274,270.

We have received no definitive data the FAA Administrator. Subtitle VII: products identified in this rulemaking that would enable us to provide cost Aviation Programs, describes in more action. estimates for the on-condition actions detail the scope of the Agency’s Regulatory Findings specified in this AD. authority. According to the manufacturer, some We are issuing this rulemaking under This AD will not have federalism of the costs of this AD may be covered the authority described in Subtitle VII, implications under Executive Order under warranty, thereby reducing the Part A, Subpart III, Section 44701: 13132. This AD will not have a cost impact on affected individuals. We ‘‘General requirements.’’ Under that substantial direct effect on the States, on do not control warranty coverage for section, Congress charges the FAA with the relationship between the national affected individuals. As a result, we promoting safe flight of civil aircraft in government and the States, or on the have included all costs in our cost air commerce by prescribing regulations distribution of power and estimate. for practices, methods, and procedures responsibilities among the various Authority for This Rulemaking the Administrator finds necessary for levels of government. safety in air commerce. This regulation Title 49 of the United States Code For the reasons discussed above, I specifies the FAA’s authority to issue is within the scope of that authority certify that this AD: rules on aviation safety. Subtitle I, because it addresses an unsafe condition (1) Is not a ‘‘significant regulatory section 106, describes the authority of that is likely to exist or develop on action’’ under Executive Order 12866,

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(2) Is not a ‘‘significant rule’’ under –0328, –0329, –0333, –0334, –0336, –0337, effective date of this AD: Within 1,800 flight DOT Regulatory Policies and Procedures –0339, –0340, –0342, –0344, –0346, –0347, hours or 24 months, whichever occurs first, (44 FR 11034, February 26, 1979), –0348, and –0349. after the effective date of this AD. (3) Will not affect intrastate aviation (2) Model 680 Sovereign airplanes (2) For airplanes that have accumulated less than 7,000 total flight hours as of the in Alaska, and (commonly known as Citation Sovereign+ airplanes) having serial numbers: 680–0501, effective date of this AD: Within 3,600 flight (4) Will not have a significant –0504, –0505, –0509, –0510, –0511, –0512, hours or 48 months, whichever occurs first, economic impact, positive or negative, –0513, –0514, –0515, –0516, –0517, –0519, after the effective date of this AD. on a substantial number of small entities –0520, –0522, –0524, –0525, –0526, –0527, (j) Credit for Previous Actions under the criteria of the Regulatory and –0531. Flexibility Act. (1) This paragraph provides credit for (d) Subject actions required by paragraph (g) of this AD, List of Subjects in 14 CFR Part 39 Air Transport Association (ATA) of if those actions were performed before the Air transportation, Aircraft, Aviation America Code 53, Fuselage. effective date of this AD using Cessna Service safety, Incorporation by reference, Letter SL680–53–05, dated December 22, (e) Unsafe Condition 2014; or Cessna Service Letter SL680–53–05, Safety. This AD was prompted by Textron’s report Revision 1, dated March 12, 2015. Adoption of the Amendment of a manufacturing defect which affects the (2) This paragraph provides credit for durability of the aft canted bulkhead metallic actions required by paragraph (i) of this AD, Accordingly, under the authority structure. The manufacturing defect directly if those actions were performed before the delegated to me by the Administrator, affects the bond integrity of the vertical and effective date of this AD using Cessna Service the FAA amends 14 CFR part 39 as horizontal stiffeners on the aft canted Bulletin SB680–53–08, dated September 28, follows: bulkhead metallic structure. We are issuing 2015. this AD to prevent disbonding of the PART 39—AIRWORTHINESS horizontal and vertical stiffeners on the aft (k) Exceptions to Service Information Specifications DIRECTIVES canted bulkhead. Loss of bond integrity could result in a structural failure that may Although Cessna Service Bulletin SB680– ■ 1. The authority citation for part 39 lead to separation of the cruciform tail and 53–08, Revision 2, dated November 2, 2016, continues to read as follows: loss of control of the airplane. specifies using the latest revision of Drawing 6991119, this AD allows using any revision Authority: 49 U.S.C. 106(g), 40113, 44701. (f) Compliance level of that drawing. Comply with this AD within the § 39.13 [Amended] compliance times specified, unless already (l) Provisions Regarding Reporting ■ 2. The FAA amends § 39.13 by adding done. Although Cessna Service Bulletin SB680– 53–08, Revision 2, dated November 2, 2016; the following new airworthiness (g) Repetitive Inspections directive (AD): and Cessna Service Letter SL680–53–05, Before the accumulation of 7,000 total Revision 2, dated September 30, 2015; 2017–06–13 Textron Aviation Inc. (Type flight hours, or within 100 flight hours after specify to submit certain information to the Certificate Previously Held by Cessna the effective date of this AD, whichever manufacturer, this AD does not include that Aircraft Company): Amendment 39– occurs later, perform a general visual requirement. 18837; Docket No. FAA–2016–3705; inspection for disbonding and paint cracking Directorate Identifier 2015–NM–168–AD. around the edges of the stiffeners on the aft (m) Special Flight Permit canted bulkhead, in accordance with the Special flight permits, as described in (a) Effective Date Accomplishment Instructions of Cessna Section 21.197 and Section 21.199 of the This AD is effective May 2, 2017. Service Letter SL680–53–05, Revision 2, Federal Aviation Regulations (14 CFR 21.197 dated September 30, 2015. Repeat the general and 21.199), are not allowed. (b) Affected ADs visual inspection thereafter at intervals not to None. exceed 100 flight hours, until the (n) Alternative Methods of Compliance (AMOCs) (c) Applicability modification required by paragraph (i) of this AD is accomplished. (1) The Manager, Wichita ACO, ACE– This AD applies to Textron Aviation Inc. 118W, FAA, has the authority to approve (Type Certificate previously held by Cessna (h) Repair AMOCs for this AD, if requested using the Aircraft Company) Model 680 airplanes, If, during any inspection required by procedures found in 14 CFR 39.19. In certificated in any category, as identified in paragraph (g) of this AD, any disbonding or accordance with 14 CFR 39.19, send your paragraphs (c)(1) and (c)(2) of this AD. cracked paint is found, before further flight, request to your principal inspector or local (1) Model 680 Sovereign airplanes obtain instructions approved by the Manager, Flight Standards District Office, as (commonly known as Citation Sovereign Wichita Aircraft Certification Office (ACO), appropriate. If sending information directly airplanes), having serial numbers: 680–0001, ACE–118W, FAA, and, within the to the manager of the ACO, send it to the –0002, –0006, –0025, –0030, –0031, –0032, compliance time specified in those attention of the person identified in –0046, –0051, –0057, –0064, –0066, –0067, instructions, accomplish the instructions paragraph (o)(1) of this AD. –0082, –0104, –0108, –0112, –0118, –0120, accordingly. (2) Before using any approved AMOC, –0125, –0132, –0139, –0140, –0141, –0144, notify your appropriate principal inspector, –0147, –0148, –0149, –0153, –0157, –0160, (i) Modification or lacking a principal inspector, the manager –0162, –0163, –0164, –0166, –0167, –0169, At the applicable compliance time of the local flight standards district office/ –0170, –0171, –0173, –0174, –0175, –0176, specified in paragraph (i)(1) or (i)(2) of this certificate holding district office. –0177, –0178, –0179, –0180, –0182, –0183, AD, modify the airplane by installing –0185, –0186, –0192, –0193, –0196, –0200, additional stiffeners on the aft canted (o) Related Information –0202, –0204, –0205, –0206, –0208, –0211, bulkhead, in accordance with the (1) For more information about this AD, –0216, –0220, –0221, –0222, –0227, –0229, Accomplishment Instructions of Cessna contact Phuoc Le, Aerospace Engineer, –0230, –0231, –0234, –0235, –0236, –0238, Service Bulletin SB680–53–08, Revision 2, Airframe Branch, ACE–118W, Wichita –0241, –0242, –0243, –0245, –0246, –0249, dated November 2, 2016, except as provided Aircraft Certification Office (ACO), FAA, –0252, –0253, –0255, –0256, –0257, –0258, by paragraphs (k) and (l) of this AD. Doing 1801 Airport Road, Room 100, Dwight D. –0260, –0262, –0268, –0270, –0271, –0280, this modification terminates the repetitive Eisenhower Airport, Wichita, KS 67209; –0282, –0283, –0284, –0285, –0289, –0291, inspections required by paragraph (g) of this phone: 316–946–4195; fax: 316–946–4107; –0292, –0296, –0297, –0300, –0301, –0302, AD. email: [email protected]. –0303, –0304, –0306, –0307, –0313, –0315, (1) For airplanes that have accumulated (2) Service information identified in this –0317, –0318, –0322, –0323, –0324, –0327, 7,000 or more total flight hours as of the AD that is not incorporated by reference is

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available at the addresses specified in available in the docket, go to http:// III. Legal Authority and Need for Rule paragraphs (p)(3) and (p)(4) of this AD. www.regulations.gov, type USCG–2017– The Coast Guard is issuing this rule (p) Material Incorporated by Reference 0070 in the ‘‘SEARCH’’ box and click under authority 33 U.S.C. 499. (1) The Director of the Federal Register ‘‘SEARCH.’’ Click on Open Docket The New Jersey Transit Rail approved the incorporation by reference Folder on the line associated with this Operations railroad bridge, mile 0.7, the (IBR) of the service information listed in this rulemaking. Baltic Street bridge, mile 0.9, the paragraph under 5 U.S.C. 552(a) and 1 CFR FOR FURTHER INFORMATION CONTACT: If Summer Street bridge, mile 1.3, the part 51. you have questions on this rule, call or (2) You must use this service information South Street bridge, mile 1.8, and the as applicable to do the actions required by email Mr. Jeffrey Stieb, Project Officer, Bridge Street bridge, mile 2.1, at the this AD, unless the AD specifies otherwise. First Coast Guard District Bridge Elizabeth River that once required draw (i) Cessna Service Letter SL680–53–05, Program, telephone 617–223–8364, operations in 33 CFR 117.718(b) were Revision 2, dated September 30, 2015. email [email protected]. removed in their entirety or converted (ii) Cessna Service Bulletin SB680–53–08, SUPPLEMENTARY INFORMATION: to fixed bridges over thirty years ago. It Revision 2, dated November 2, 2016. has come to the attention of the Coast (3) For service information identified in I. Table of Abbreviations this AD, contact Textron Aviation Inc., P.O. Guard that the governing regulation for Box 7706, Wichita, KS 67277; telephone 316– CFR Code of Federal Regulations these drawbridges was never removed 517–6215; fax 316–517–5802; email FR Federal Register subsequent to the removal of the [email protected]; Internet https:// NPRM Notice of proposed rulemaking drawbridge or conversion to a fixed support.cessna.com/custsupt/csupport/ § Section bridge. The elimination of these newlogin.jsp. U.S.C. United States Code drawbridges necessitates the removal of (4) You may view this service information the drawbridge operation regulation in at the FAA, Transport Airplane Directorate, II. Background Information and 1601 Lind Avenue SW., Renton, WA. For Regulatory History 33 CFR 117.718(b) that pertains to these former drawbridges. information on the availability of this The Coast Guard is issuing this final material at the FAA, call 425–227–1221. The purpose of this rule is to remove (5) You may view this service information rule without prior notice and 33 CFR 117.718(b), which refers to these that is incorporated by reference at the opportunity to comment pursuant to bridges, from the CFR since the bridges National Archives and Records authority under section 4(a) of the are no longer able to be opened. Administration (NARA). For information on Administrative Procedure Act (APA) (5 the availability of this material at NARA, call U.S.C. 553(b)). This provision IV. Discussion of Final Rule 202–741–6030, or go to: http:// authorizes an agency to issue a rule The Coast Guard is changing the www.archives.gov/federal-register/cfr/ibr- without prior notice and opportunity to locations.html. regulation in 33 CFR 117.718 by comment when the agency for good removing restrictions related to the Issued in Renton, Washington, on March cause finds that those procedures are 16, 2017. draw operations for bridges that are no ‘‘impracticable, unnecessary, or contrary longer drawbridges. The change Dionne Palermo, to the public interest.’’ Under 5 U.S.C. removes paragraph (b) of the regulation Acting Manager, Transport Airplane 553(b), the Coast Guard finds that good governing these bridges. This change Directorate, Aircraft Certification Service. cause exists for not publishing an NPRM does not affect nor does it alter the [FR Doc. 2017–05771 Filed 3–27–17; 8:45 am] with respect to this rule because the operating schedule that is currently BILLING CODE 4910–13–P New Jersey Transit Rail Operations designated paragraph (a), which governs railroad bridge, mile 0.7, the Baltic the remaining drawbridge on the Street bridge, mile 0.9, the Summer Elizabeth River. DEPARTMENT OF HOMELAND Street bridge, mile 1.3, the South Street SECURITY bridge, mile 1.8, and the Bridge Street V. Regulatory Analyses bridge, mile 2.1 at the Elizabeth River We developed this rule after Coast Guard that once required draw operations in considering numerous statutes and 33 CFR 117.718(b), have been removed executive orders related to rulemaking. 33 CFR Part 117 in their entirety or converted to a fixed Below we summarize our analyses [Docket No. USCG–2017–0070] bridge. Therefore, the regulation is no based on a number of these statutes and longer necessary or applicable and shall RIN 1625–AA09 executive orders, and we discuss First be removed from publication. It is Amendment rights of protesters. unnecessary to publish an NPRM Drawbridge Operation Regulation; A. Regulatory Planning and Review Elizabeth River, Elizabeth, NJ because this regulatory action does not purport to place any restrictions on Executive Orders 12866 and 13563 AGENCY: Coast Guard, DHS. mariners but rather removes restrictions direct agencies to assess the costs and ACTION: Final rule. that have no further use or value. benefits of available regulatory Under 5 U.S.C. 553(d)(3), the Coast alternatives and, if regulation is SUMMARY: The Coast Guard is removing Guard finds that good cause exists for necessary, to select regulatory the existing drawbridge operation making this rule effective in less than 30 approaches that maximize net benefits. regulations for five bridges across the days after publication in the FR. This Executive Order 13563 emphasizes the Elizabeth River. These bridges were rule merely requires an administrative importance of quantifying both costs either removed in their entirety or change to the CFR in order to omit a and benefits, of reducing costs, of replaced with a fixed bridge, making the regulatory requirement that is no longer harmonizing rules, and of promoting operating regulations no longer applicable or necessary. The flexibility. This rule has not been necessary. modifications have already taken place designated a ‘‘significant regulatory DATES: This rule is effective March 28, and the removal of the regulation will action,’’ under Executive Order 12866. 2017. not affect mariners currently operating Accordingly, it has not been reviewed ADDRESSES: To view documents on this waterway. Therefore, a delayed by the Office of Management and mentioned in this preamble as being effective date is unnecessary. Budget.

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This regulatory action determination D. Federalism and Indian Tribal G. Protest Activities is based on the fact that these bridges Government The Coast Guard respects the First either no longer exist or no longer A rule has implications for federalism Amendment rights of protesters. operate as a drawbridge. The removal of under Executive Order 13132, Protesters are asked to contact the the operating schedule from 33 CFR part Federalism, if it has a substantial direct person listed in the ‘‘For Further 117, subpart B, will have no effect on effect on the States, on the relationship Information Contact’’ section to the movement of waterway or land between the national government and coordinate protest activities so that your traffic. the States, or on the distribution of message can be received without jeopardizing the safety or security of B. Impact on Small Entities power and responsibilities among the various levels of government. We have people, places or vessels. The Regulatory Flexibility Act of 1980 analyzed this rule under that Order and List of Subjects in 33 CFR Part 117 (RFA), 5 U.S.C. 601–612, as amended, have determined that it is consistent Bridges. requires federal agencies to consider the with the fundamental federalism potential impact of regulations on small principles and preemption requirements For the reasons discussed in the preamble, the Coast Guard amends 33 entities during rulemaking. The term described in Executive Order 13132. CFR part 117 as follows: ‘‘small entities’’ comprises small Also, this rule does not have tribal businesses, not-for-profit organizations implications under Executive Order PART 117—DRAWBRIDGE that are independently owned and 13175, Consultation and Coordination OPERATION REGULATIONS operated and are not dominant in their with Indian Tribal Governments, fields, and governmental jurisdictions because it does not have a substantial ■ 1. The authority citation for part 117 with populations of less than 50,000. direct effect on one or more Indian continues to read as follows: The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 605(b) that this rule will not have a Federal Government and Indian tribes, and Department of Homeland Security significant economic impact on a or on the distribution of power and Delegation No. 0170.1. responsibilities between the Federal substantial number of small entities. § 117.718 [Amended] Government and Indian tribes. For the reasons stated in section IV.A ■ 2. In § 117.718, remove paragraph (b) above this final rule would not have a E. Unfunded Mandates Reform Act and redesignate paragraph (a) as an significant economic impact on any The Unfunded Mandates Reform Act undesignated paragraph. vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires Dated: March 10, 2017. Under section 213(a) of the Small Federal agencies to assess the effects of S.D. Poulin, Business Regulatory Enforcement their discretionary regulatory actions. In Rear Admiral, U.S. Coast Guard, Commander, Fairness Act of 1996 (Pub. L. 104–121), particular, the Act addresses actions First Coast Guard District. we want to assist small entities in that may result in the expenditure by a [FR Doc. 2017–06109 Filed 3–27–17; 8:45 am] understanding this rule. If the rule State, local, or tribal government, in the BILLING CODE 9110–04–P would affect your small business, aggregate, or by the private sector of organization, or governmental $100,000,000 (adjusted for inflation) or jurisdiction and you have questions more in any one year. Though this rule DEPARTMENT OF HOMELAND concerning its provisions or options for will not result in such an expenditure, SECURITY compliance, please contact the person we do discuss the effects of this rule listed in the FOR FURTHER INFORMATION elsewhere in this preamble. Coast Guard CONTACT, above. F. Environment 33 CFR Part 165 Small businesses may send comments on the actions of Federal employees We have analyzed this rule under [Docket No. USCG–2009–0559] who enforce, or otherwise determine Department of Homeland Security Safety Zone; San Francisco Giants compliance with, Federal regulations to Management Directive 023–01 and Fireworks Display, San Francisco Bay, the Small Business and Agriculture Commandant Instruction M16475.lD, which guides the Coast Guard in San Francisco, CA Regulatory Enforcement Ombudsman complying with the National and the Regional Small Business AGENCY: Coast Guard, DHS. Environmental Policy Act of 1969 Regulatory Fairness Boards. The ACTION: (NEPA) (42 U.S.C. 4321–4370f), and Notice of enforcement of Ombudsman evaluates these actions have made a determination that this regulation. annually and rates each agency’s action is one of a category of actions SUMMARY: The Coast Guard will enforce responsiveness to small business. If you which do not individually or wish to comment on actions by the safety zone for the annual San cumulatively have a significant effect on Francisco Giants Fireworks Display in employees of the Coast Guard, call 1– the human environment. This rule the Captain of the Port, San Francisco 888–REG–FAIR (1–888–734–3247). The simply promulgates the operating area of responsibility during the dates Coast Guard will not retaliate against regulations or procedures for and times noted below. This action is small entities that question or complain drawbridges. This action is categorically necessary to protect life and property of about this rule or any policy or action excluded from further review, under the maritime public from the hazards of the Coast Guard. figure 2–1, paragraph (32)(e), of the associated with the fireworks display. C. Collection of Information Instruction. During the enforcement period, Under figure 2–1, paragraph (32)(e), of unauthorized persons or vessels are This rule calls for no new collection the Instruction, an environmental prohibited from entering into, transiting of information under the Paperwork analysis checklist and a categorical through, or anchoring in the safety zone, Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not unless authorized by the Patrol 3520). required for this rule. Commander (PATCOM).

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DATES: The regulations in 33 CFR vessels through regulated areas when it zone around the fireworks barge during 165.1191, Table 1, Item number 1, will is safe to do so. the loading, transit, and arrival of the be enforced from 11 a.m. on April 14, This notice is issued under authority fireworks barge from the loading 2017 to 1 a.m. on April 15, 2017, or as of 33 CFR 165.1191 and 5 U.S.C. 552(a). location to the display location and announced via Broadcast Notice to In addition to this notice in the Federal until the start of the fireworks display. Mariners. Register, the Coast Guard will provide From 10 a.m. on July 4, 2017 until 11 the maritime community with extensive a.m. on July 4, 2017, the fireworks barge FOR FURTHER INFORMATION CONTACT: If advance notification of the safety zone will be loading pyrotechnics from you have questions on this notice, call and its enforcement period via the Local or email Lieutenant Junior Grade Schneider Dock in Eureka, CA. The Notice to Mariners. fireworks barge will remain at the Christina Ramirez, U.S. Coast Guard If the Captain of the Port determines Sector San Francisco; telephone (415) loading location until its transit to the that the regulated area need not be display location. From 3 p.m. to 4 p.m. 399–2001 or email at D11-PF- enforced for the full duration stated in [email protected]. on July 4, 2017, the loaded fireworks this notice, a Broadcast Notice to barge will transit from Schneider Dock SUPPLEMENTARY INFORMATION: The Coast Mariners may be used to grant general to the launch site near Woodley Island Guard will enforce a 100 foot safety permission to enter the regulated area. in approximate position 40°48′29″ N., zone around the fireworks barge during Dated: March 9, 2017. 124°10′06″ W. (NAD 83) where it will the loading, transit, and arrival of the Anthony J. Ceraolo, remain until the conclusion of the fireworks barge from the loading Captain, U.S. Coast Guard, Captain of the fireworks display. Upon the location to the display location and Port of San Francisco. commencement of the 45 minute until the start of the fireworks display. [FR Doc. 2017–06087 Filed 3–27–17; 8:45 am] fireworks display, scheduled to begin at From 11 a.m. on April 14, 2017 until 5 BILLING CODE 9110–04–P 10 p.m. on July 4, 2017, the safety zone p.m. on April 14, 2017, the fireworks will increase in size and encompass the barge will be loading pyrotechnics from navigable waters around and under the Pier 50 in San Francisco, CA. The DEPARTMENT OF HOMELAND fireworks barge within a radius 1,000 fireworks barge will remain at the SECURITY feet near Woodley Island in loading location until its transit to the approximate position 40°48′29″ N., display location. From 8:30 p.m. to 9 Coast Guard 124°10′06″ W. (NAD 83) for the Fourth p.m. on April 14, 2017, the loaded of July Fireworks, City of Eureka in 33 fireworks barge will transit from Pier 50 33 CFR Part 165 to the launch site near Pier 48 in CFR 165.1191, Table 1, Item number 3. approximate position 37°46′36″ N., [Docket No. USCG–2009–0559] This safety zone will be in effect from 122°22′56″ W. (NAD 83) where it will 10 a.m. on July 4, 2017 until 11 p.m. on Safety Zone; City of Eureka Fourth of July 4, 2017. remain until the conclusion of the July Fireworks Display, Humboldt Bay, fireworks display. Upon the Eureka, CA Under the provisions of 33 CFR commencement of the 15 minute 165.1191, unauthorized persons or fireworks display, scheduled to begin at AGENCY: Coast Guard, DHS. vessels are prohibited from entering the conclusion of the baseball game, at ACTION: Notice of enforcement of into, transiting through, or anchoring in approximately 10 p.m. on April 14, regulation. the safety zone during all applicable 2017, the safety zone will increase in effective dates and times, unless size and encompass the navigable SUMMARY: The Coast Guard will enforce authorized to do so by the PATCOM. waters around and under the fireworks the safety zone for the annual City of Additionally, each person who receives barge within a radius 700 feet near Pier Eureka Fourth of July Fireworks Display notice of a lawful order or direction 48 in approximate position 37°46′36″ in the Captain of the Port, San Francisco issued by an official patrol vessel shall N., 122°22′56″ W. (NAD 83) for the San area of responsibility during the dates obey the order or direction. The Francisco Giants Fireworks in 33 CFR and times noted below. This action is PATCOM is empowered to forbid entry 165.1191, Table 1, Item number 1. This necessary to protect life and property of into and control the regulated area. The the maritime public from the hazards safety zone will be in effect from 11 a.m. PATCOM shall be designated by the associated with the fireworks display. on April 14, 2017 until 1 a.m. on April Commander, Coast Guard Sector San During the enforcement period, 15, 2017, or as announced via Broadcast Francisco. The PATCOM may, upon unauthorized persons or vessels are Notice to Mariners. request, allow the transit of commercial prohibited from entering into, transiting Under the provisions of 33 CFR vessels through regulated areas when it through, or anchoring in the safety zone, 165.1191, unauthorized persons or is safe to do so. vessels are prohibited from entering unless authorized by the Patrol Commander (PATCOM). This notice is issued under authority into, transiting through, or anchoring in of 33 CFR 165.1191 and 5 U.S.C. 552(a). the safety zone during all applicable DATES: The regulations in 33 CFR In addition to this notice in the Federal effective dates and times, unless 165.1191, Table 1, Item number 3, will Register, the Coast Guard will provide authorized to do so by the PATCOM. be enforced from 10 a.m. on July 4, 2017 the maritime community with extensive Additionally, each person who receives to 11 p.m. on July 4, 2017. advance notification of the safety zone notice of a lawful order or direction FOR FURTHER INFORMATION CONTACT: If and its enforcement period via the Local issued by an official patrol vessel shall you have questions on this notice, call obey the order or direction. The or email Lieutenant Junior Grade Notice to Mariners. PATCOM is empowered to forbid entry Christina Ramirez, U.S. Coast Guard If the Captain of the Port determines into and control the regulated area. The Sector San Francisco; telephone (415) that the regulated area need not be PATCOM shall be designated by the 399–3585 or email at D11-PF- enforced for the full duration stated in Commander, Coast Guard Sector San [email protected]. this notice, a Broadcast Notice to Francisco. The PATCOM may, upon SUPPLEMENTARY INFORMATION: The Coast Mariners may be used to grant general request, allow the transit of commercial Guard will enforce a 100 foot safety permission to enter the regulated area.

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Dated: March 14, 2017. II. Background Information and of a high-level government official. This Anthony J. Ceraolo, Regulatory History rule will be enforced with actual notice Captain, U.S. Coast Guard, Captain of the The Coast Guard is issuing this while the high-level government official Port of San Francisco. temporary rule without prior notice and is visiting. This rule establishes a [FR Doc. 2017–06091 Filed 3–27–17; 8:45 am] opportunity to comment pursuant to temporary security zone, which BILLING CODE 9110–04–P authority under section 4(a) of the encompasses certain waters of the Administrative Procedure Act (APA) (5 Intracoastal Waterway and the Atlantic U.S.C. 553(b)). This provision Ocean in the vicinity of the Southern DEPARTMENT OF HOMELAND authorizes an agency to issue a rule Boulevard Bridge in Palm Beach, SECURITY without prior notice and opportunity to Florida. The security zone will be broken into three zones. The first zone Coast Guard comment when the agency for good cause finds that those procedures are will consist of waters of the Lake Worth Lagoon from the southern tip of the 33 CFR Part 165 ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. Everglades Island to approximately 1000 [Docket Number USCG–2017–0220] 553(b)(B), the Coast Guard finds that yards south of the Southern Boulevard Bridge, and the eastern shore line out to RIN 1625–AA87 good cause exists for not publishing a notice of proposed rulemaking (NPRM) Fisherman Island. No vessel or person will be permitted to enter, transit Security Zone; VIP Visits, Palm Beach, with respect to this rule because specific through, anchor in, or remain in the first FL information regarding the need for the regulation was not received in time to zone without obtaining permission from AGENCY: Coast Guard, DHS. publish a NPRM before the regulation’s the COTP or a designated ACTION: Temporary final rule. effective date. Delay in promulgating representative. this rule would be impracticable and The second zone will consist of SUMMARY: The Coast Guard is contrary to public interest because a waters of the Lake Worth Lagoon establishing a temporary security zone security zone is required with short including the Intracoastal Waterway in the vicinity of the Mar-a-Lago in Palm notice to protect the elected government from the southern tip of the Everglades Beach, Florida during the visit of a high- official and the official’s party in the Island to approximately 1000 yards level government official. The security vicinity of this waterway. The official’s south of the Southern Boulevard Bridge, zone is necessary to protect the official presence creates unique safety and and from the western shore line to the party, the public, and the surrounding security concerns. western edge of the Fisherman Island. waterway from terrorist acts, sabotage or Under 5 U.S.C. 553(d)(3), the Coast All vessels transiting the second zone other subversive acts, accidents, or other Guard finds that good cause exists for shall maintain a steady speed and shall causes of a similar nature. Entering, making this rule effective less than 30 not slow or stop in the zone. transiting through, anchoring in, or days after publication in the Federal The third zone will consist of waters remaining within this security zone is Register for the same reasons discussed of the Atlantic Ocean from the Banyan prohibited unless authorized by the above. Road south to Ocean View Road, and Captain of the Port Miami or a We note that the Coast Guard is in the from shore to approximately 1000 yards designated representative. process of publishing an NPRM east of the shoreline. All vessels DATES: This rule is effective without proposing to establish a permanent transiting the third zone shall maintain actual notice from March 28, 2017 security zone for these events. While a steady speed and shall not slow or through May 29, 2017. For purposes of that rulemaking action will not affect stop in the zone. enforcement, actual notice will be used the events occurring through May 29, V. Regulatory Analyses from March 17, 2017 through March 28, 2017, it would establish a security zone 2017. for future similar events. We developed this rule after ADDRESSES: To view documents considering numerous statutes and mentioned in this preamble as being III. Legal Authority and Need for Rule Executive orders related to rulemaking. available in the docket, go to http:// The Coast Guard is issuing this rule Below we summarize our analyses www.regulations.gov, type USCG–2017– under authority in 33 U.S.C. 1231. The based on a number of these statutes and 0220 in the ‘‘SEARCH’’ box and click Captain of the Port Miami (COTP) has Executive orders, and we discuss First ‘‘SEARCH.’’ Click on Open Docket determined that the official’s visit Amendment rights of protestors. Folder on the line associated with this presents a potential target for terrorist A. Regulatory Planning and Review rule. acts, sabotage, or other subversive acts, FOR FURTHER INFORMATION CONTACT: If accidents, or other causes of a similar Executive Orders 12866 and 13563 you have questions on this rule, call or nature. Given the close proximity of the direct agencies to assess the costs and email Petty Officer Mara Brown, Sector waterways to the official’s visit site, this benefits of available regulatory Miami Waterways Management security zone is necessary to protect the alternatives and, if regulation is Division, U.S. Coast Guard; telephone official party, the public, and the necessary, to select regulatory 305–535–4317, email Mara.J.Brown@ surrounding waterways adjacent to the approaches that maximize net benefits. uscg.mil. Mar-a-Lago Resort in Palm Beach, Executive Order 13563 emphasizes the Florida. importance of quantifying both costs SUPPLEMENTARY INFORMATION: and benefits, of reducing costs, of IV. Discussion of the Rule I. Table of Abbreviations harmonizing rules, and of promoting This rule establishes a security zone flexibility. This rule has not been CFR Code of Federal Regulations DHS Department of Homeland Security from March 17, 2017 through May 29, designated a ‘‘significant regulatory FR Federal Register 2017. The rule will be enforced every action,’’ under Executive Order 12866. NPRM Notice of proposed rulemaking Friday through Monday on a recurring Accordingly, it has not been reviewed § Section weekly basis from March 17, 2017 by the Office of Management and U.S.C. United States Code through May 29, 2017 during the visit Budget.

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This regulatory action determination C. Collection of Information certain waters of the Intracoastal is based on the size, location, duration, This rule will not call for a new Waterway and Atlantic Ocean in Palm and time-of-year of the security zone. collection of information under the Beach, Florida. It is categorically Vessel traffic will be able to safely Paperwork Reduction Act of 1995 (44 excluded from further review under transit around this security zone, which U.S.C. 3501–3520). paragraph 34(g) of Figure 2–1 of the will impact a small designated area of Commandant Instruction. We seek any the Intracoastal Waterway and the D. Federalism and Indian Tribal comments or information that may lead Atlantic Ocean in Palm Beach, FL for no Governments to the discovery of a significant more than five days at a time from A rule has implications for federalism environmental impact from this rule. March 17, 2017 to May 29, 2017 and in under Executive Order 13132, G. Protest Activities an area where traffic is low. Moreover, Federalism, if it has a substantial direct the Coast Guard will issue Broadcast effect on the States, on the relationship The Coast Guard respects the First Notice to Mariners via VHF–FM marine between the national government and Amendment rights of protesters. channel 16 about the zone. the States, or on the distribution of Protesters are asked to contact the power and responsibilities among the person listed in the FOR FURTHER B. Impact on Small Entities 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 with the fundamental federalism jeopardizing the safety or security of the potential impact of regulations on principles and preemption requirements people, places or vessels. small entities during rulemaking. The described in Executive Order 13132. List of Subjects in 33 CFR Part 165 term ‘‘small entities’’ comprises small Also, this rule does not have tribal 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 zone may be small entities, for the federalism or Indian tribes, please ■ 1. The authority citation for part 165 reasons stated in section V.A. above, contact the person listed in the FOR continues to read as follows: FURTHER INFORMATION CONTACT this rule will not have a significant 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. E. Unfunded Mandates Reform Act Department of Homeland Security Delegation No. 0170.1. Under section 213(a) of the Small The Unfunded Mandates Reform Act Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add a temporary § 165.T07–0220 to Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of read as follows: we want to assist small entities in their discretionary regulatory actions. In understanding this rule. If the rule § 165.T07–0220 Security Zone; VIP Visits, particular, the Act addresses actions Palm Beach, Florida. would affect your small business, that may result in the expenditure by a organization, or governmental State, local, or tribal government, in the (a) Location. The following areas are jurisdiction and you have questions aggregate, or by the private sector of security zones: concerning its provisions or options for $100,000,000 (adjusted for inflation) or (1) Zone 1. The navigable waters compliance, please contact the person more in any one year. Though this rule within the following points are a listed in the FOR FURTHER INFORMATION will not result in such an expenditure, regulated area: Beginning at Point 1 in ° ′ ″ ° ′ ″ CONTACT section. we do discuss the effects of this rule position 26 41 21 N., 80 2 39 W.; Small businesses may send comments elsewhere in this preamble. thence east to Point 2 in position on the actions of Federal employees 26°41′21″ N., 80°2′13″ W.; thence south who enforce, or otherwise determine F. Environment following the shoreline to Point 3 in compliance with, Federal regulations to We have analyzed this rule under position 26°39′58″ N., 80°2′20″ W.; the Small Business and Agriculture Department of Homeland Security thence west to Point 4 in position Regulatory Enforcement Ombudsman Management Directive 023–01 and 26°39′58″ N., 80°2′38″ W., thence back and the Regional Small Business Commandant Instruction M16475.lD, to origin at Point 1. Regulatory Fairness Boards. The which guide the Coast Guard in (2) Zone 2. The navigable waters Ombudsman evaluates these actions complying with the National within the following points are a annually and rates each agency’s Environmental Policy Act of 1969 (42 regulated area: Beginning at Point 1 in responsiveness to small business. If you U.S.C. 4321–4370f), and have position 26°41′21″ N., 80°2′39″ W.; wish to comment on actions by determined that this action is one of a thence west to Point 2 in position employees of the Coast Guard, call 1– category of actions that do not 26°41′21″ N., 80°3′00″ W.; thence south 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a following the shoreline to Point 3 in Coast Guard will not retaliate against significant effect on the human position 26°39′58″ N., 80°2′55″ W.; small entities that question or complain environment. This rule involves a thence east to Point 4 in position about this rule or any policy or action security zone lasting only a few days at 26°39′58″ N., 80°2′38″ W., thence back of the Coast Guard. a time that will prohibit entry within to origin at Point 1.

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(3) Zone 3. The navigable waters the Captain of the Port Miami or a ACTION: Notice of enforcement of within the following points are a designated representative, all persons regulation. regulated area: Beginning at Point 1 in and vessels receiving such authorization ° ′ ″ ° ′ ″ position 26 41 21 N., 80 2 01 W.; must comply with the instructions of SUMMARY: The Coast Guard will enforce thence south following the shoreline to the Captain of the Port Miami or the ten safety zones for fireworks displays ° ′ ″ Point 2 in position 26 39 57 N., designated representative. in the Sector Long Island Sound area of ° ′ ″ 80 2 01 W.; thence east to Point 3 in (5) The Coast Guard will provide responsibility on the date and time ° ′ ″ ° ′ ″ notice of the security zones by position 26 39 58 N., 80 1 02 W.; listed in the table below. This action is thence north to Point 4 in position Broadcast Notice to Mariners and on- necessary to provide for the safety of life 26°41′20″ N., 80°1′02″ W., thence back scene designated representatives. on navigable waterways during the to origin at Point 1. (c) Definition. The term ‘‘designated (b) Regulations. representative’’ means Coast Guard events. During the enforcement periods, (1) Requirements for Zone 1. All Patrol Commanders, including Coast no person or vessel may enter the safety persons and vessels are prohibited from Guard coxswains, petty officers, and zones without permission of the Captain entering, transiting through, anchoring other officers operating Coast Guard of the Port (COTP) Sector Long Island in, or remaining within the security vessels, and Federal, state, and local Sound or designated representative. zone unless authorized by the Captain officers designated by or assisting the DATES: The regulation in 33 CFR of the Port Miami or a designated Captain of the Port Miami in the 165.151 Table 1 will be enforced during representative. enforcement of the regulated area. (2) Requirements for Zone 2. All (d) Effective and enforcement dates. the dates and times listed in the table in persons and vessels are required to This rule is effective from March 17, SUPPLEMENTARY INFORMATION. transit through the security zone at a 2017 through May 29, 2017. This rule FOR FURTHER INFORMATION CONTACT: If steady speed and may not slow down or will be enforced with actual notice on you have questions on this notice, call stop except in the case unforeseen a recurring weekly basis from March 17, or email Petty Officer Katherine mechanical or other emergency. Any 2017 through May 29, 2017, while the Linnick, Waterways Management persons or vessels forced to slow or stop high-level government official is Division, U.S. Coast Guard Sector Long in the zone shall immediately notify the visiting. Island Sound; telephone 203–468–4565, Captain of the Port via VHF channel 16. Dated: March 17, 2017. (3) Requirements for Zone 3. All email [email protected]. M.M. Dean, persons and vessels are required to SUPPLEMENTARY INFORMATION: The Coast transit through the security zone at a Captain, U.S. Coast Guard, Captain of the Port Miami. Guard will enforce the safety zones steady speed and may not slow down or listed in 33 CFR 165.151 Table 1 on the stop except in the case unforeseen [FR Doc. 2017–06111 Filed 3–27–17; 8:45 am] BILLING CODE 9110–04–P specified dates and times indicated mechanical or other emergency. Any below. persons or vessels forced to slow or stop in the zone shall immediately notify the Under the provisions of 33 CFR DEPARTMENT OF HOMELAND 165.151, the fireworks displays listed Captain of the Port via VHF channel 16. SECURITY (4) Persons and vessels desiring to below are established as safety zones. enter, transit through, anchor in, or Coast Guard During the enforcement period, persons remain within the security zones and vessels are prohibited from entering described in paragraph (a) of this 33 CFR Part 165 into, transiting through, mooring, or section may contact the Captain of the anchoring within these safety zones Port Miami by telephone at 305–535– [Docket No. USCG–2012–1036] unless they receive permission from the 4472, or a designated representative via Safety Zones, Recurring Marine Events COTP or designated representative. VHF radio on channel 16 to request in Captain of the Port Long Island authorization. If authorization to enter, Sound Zone transit through, anchor in, or remain within the security zones is granted by AGENCY: Coast Guard, DHS.

6.1 Barnum Festival Fireworks ...... • Date: June 24, 2017. • Rain Date: June 25, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Bridgeport Harbor, Bridgeport, CT in approxi- mate position 41°9′04″ N., 073°12′49″ W. (NAD 83). 6.3 Vietnam Veterans/Town of East Haven Fireworks ...... • Date: June 24, 2017. • Rain Date: June 26, 2017. • Time: 9:00 p.m. to 11:00 p.m. • Location: Waters off Cosey Beach, East Haven, CT in approximate position 41°14′19″ N., 072°52′9.8″ W. (NAD 83). 7.4 Norwalk Fireworks ...... • Date: July 3, 2017. • Rain Date: July 5, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters off Calf Pasture Beach, Norwalk, CT in approxi- mate position 41°04′50″ N., 073°23′22″ W. (NAD 83). 7.5 Lawrence Beach Club Fireworks ...... • Date: July 1, 2017. • Rain Date: July 2, 2017. • Time: 9:00 p.m. to 10:30 p.m. • Waters of the Atlantic Ocean off Lawrence Beach Club, Atlantic Beach, NY in approximate position 40°34′42.65″ N., 073°42′56.02″ W. (NAD 83).

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7.7 South Hampton Fresh Air Home Fireworks ...... • Date: June 30, 2017. • Rain Date: July 2, 2017. • Time: 8:30 p.m. to 10:30 p.m. • Waters of Shinnecock Bay, South Hampton, NY in approximate posi- tion 40°51′48″ N., 072°26′30″ W. (NAD 83). 7.7 Westport Police Athletic League Fireworks ...... • Date: July 3, 2017. • Rain Date: July 5, 2017. • Time: 8:45 p.m. to 10:15 p.m. • Waters off Campo Beach, Westport, CT in approximate position 41°06′15″ N., 073°20′57″ W. (NAD 83). 7.27 City of Long Beach Fireworks ...... • Date: July 7, 2017. • Rain Date: July 8, 2017. • Time: 8:30 p.m. to 10:00 p.m. • Location: Waters off Riverside Blvd., City of Long Beach, NY in ap- proximate position 40°34′38.77″ N., 073°39′41.32″ W. (NAD 83). 7.30 Shelter Islands Fireworks ...... • Date: July 8, 2017. • Rain Date: July 9, 2017. • Time: 9:00 p.m. to 11:00 p.m. • Location: Waters of Gardiner Bay, Shelter Island, NY in approximate position 41°04′39.11″ N., 072°22′01.07″ W. (NAD 83). 7.34 Devon Yacht Club Fireworks ...... • Date: July 1, 2017. • Rain Date: July 2, 2017. • Time: 8:45 p.m. to 10:45 p.m. • Location: Waters of Napeague Bay, in Block Island Sound off Amagansett, NY in approximate position 40°59′41.40″ N., 072°06′08.70″ W. (NAD 83). 9.4 The Creek Fireworks ...... • Date: September 02, 2016. • Rain Date: September 03, 2016. • Time: 7:45 p.m. to 9:00 p.m. • Location: Waters of Long Island Sound off the Creek Golf Course, Lattingtown, NY in approximate position 40°54′13″ N., 073°35′58″ W. (NAD 83).

This rule is issued under authority of ACTION: Notice of enforcement of until the start of the fireworks display. 33 CFR 165 and 5 U.S.C. 552(a). In regulation. From 11 a.m. on May 26, 2017 until 5 addition to this document in the p.m. on May 26, 2017, the fireworks SUMMARY: Federal Register, the Coast Guard will The Coast Guard will enforce barge will be loading pyrotechnics from the safety zone for the annual San provide the maritime community with Pier 50 in San Francisco, CA. The Francisco Giants Fireworks Display in advance notification of this enforcement fireworks barge will remain at the the Captain of the Port, San Francisco period via the Local Notice to Mariners loading location until its transit to the area of responsibility during the dates or marine information broadcasts. If the display location. From 8:30 p.m. to 9 and times noted below. This action is p.m. on May 26, 2017, the loaded COTP determines that these safety zones necessary to protect life and property of need not be enforced for the full fireworks barge will transit from Pier 50 the maritime public from the hazards to the launch site near Pier 48 in duration stated in this notice, a associated with the fireworks display. approximate position 37°46′36″ N., Broadcast Notice to Mariners may be During the enforcement period, 122°22′56″ W. (NAD 83) where it will used to grant general permission to unauthorized persons or vessels are remain until the conclusion of the enter the regulated area. prohibited from entering into, transiting fireworks display. Upon the through, or anchoring in the safety zone, Dated: March 13, 2017. commencement of the 15 minute unless authorized by the Patrol A.E. Tucci, fireworks display, scheduled to begin at Commander (PATCOM). Captain, U.S. Coast Guard, Captain of the the conclusion of the baseball game, at Port Sector Long Island Sound. DATES: The regulations in 33 CFR approximately 10 p.m. on May 26, 2017, [FR Doc. 2017–06093 Filed 3–27–17; 8:45 am] 165.1191, Table 1, Item number 1, will the safety zone will increase in size and be enforced from 11 a.m. on May 26, BILLING CODE 9110–04–P encompass the navigable waters around 2017 to 1 a.m. on May 27, 2017, or as and under the fireworks barge within a announced via Broadcast Notice to radius 700 feet near Pier 48 in DEPARTMENT OF HOMELAND Mariners. approximate position 37°46′36″ N., SECURITY FOR FURTHER INFORMATION CONTACT: If 122°22′56″ W. (NAD 83) for the San you have questions on this notice, call Francisco Giants Fireworks in 33 CFR Coast Guard or email Lieutenant Junior Grade 165.1191, Table 1, Item number 1. This Christina Ramirez, U.S. Coast Guard safety zone will be in effect from 11 a.m. 33 CFR Part 165 Sector San Francisco; telephone (415) on May 26, 2017 until 1 a.m. on May 27, 399–3585 or email at D11-PF- 2017, or as announced via Broadcast [Docket No. USCG–2009–0559] [email protected]. Notice to Mariners. SUPPLEMENTARY INFORMATION: The Coast Under the provisions of 33 CFR Safety Zone; San Francisco Giants Guard will enforce a 100 foot safety 165.1191, unauthorized persons or Fireworks Display, San Francisco Bay, zone around the fireworks barge during vessels are prohibited from entering San Francisco, CA the loading, transit, and arrival of the into, transiting through, or anchoring in fireworks barge from the loading the safety zone during all applicable AGENCY: Coast Guard, DHS. location to the display location and effective dates and times, unless

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authorized to do so by the PATCOM. Background Songwriters Association International Additionally, each person who receives The Copyright Royalty Judges (Judges) (NSAI) (together, Copyright Owners) notice of a lawful order or direction received a Motion to Adopt Settlement filed a motion seeking leave to respond issued by an official patrol vessel shall (Motion) from UMG Recordings, Inc. to the SME comment and partial obey the order or direction. The (UMG) 1 and Warner Music, Inc. objection to the settlement. The Judges PATCOM is empowered to forbid entry (WMG),2 in their respective capacities granted the Copyright Owners’ motion into and control the regulated area. The as licensees of nondramatic musical and extended the initial comment PATCOM shall be designated by the works. The Motion sought approval of a period to permit interested parties to Commander, Coast Guard Sector San partial settlement of the license rate submit responsive comments. See 81 FR Francisco. The PATCOM may, upon proceeding before the Judges titled 71657 (Oct. 18, 2016). The Judges thus request, allow the transit of commercial Determination of Royalty Rates and considered Copyright Owners’ vessels through regulated areas when it Terms for Making and Distributing responsive comments, which they had is safe to do so. Phonorecords (Phonorecords III), Docket attached to their motion for leave to This notice is issued under authority No. 16–CRB–0003–PR. UMG and WMG respond. During the extended comment of 33 CFR 165.1191 and 5 U.S.C. 552 (a). reported that they reached the period, the Judges received a comment In addition to this notice in the Federal settlement with ‘‘a significant portion of in support of the proposed settlement Register, the Coast Guard will provide the sound recording and music from ‘‘Anonymous.’’ 4 the maritime community with extensive publishing industries’’ to continue On or about October 28, 2016, the advance notification of the safety zone unaltered the currently existing rates Judges received a Motion to Adopt and its enforcement period via the Local and terms in subpart A of 37 CFR part Settlement Industry-Wide (Second Notice to Mariners. If the Captain of the 385 for the ‘‘Mechanical License’’, i.e., Motion). In the Second Motion, the Port determines that the regulated area the statutory license for the use of Copyright Owners reported an need not be enforced for the full nondramatic musical works in the agreement between Copyright Owners duration stated in this notice, a making and distributing of and SME, resolving all issues SME Broadcast Notice to Mariners may be phonorecords. See 17 U.S.C. 115. raised in its partial objection to the used to grant general permission to Section 801(b)(7)(A) of the Copyright proposed settlement. According to the enter the regulated area. Act authorizes the Judges to adopt rates Second Motion, the parties agreed that: Dated: March 9, 2017. and terms negotiated by ‘‘some or all of (1) SME would withdraw its objection to Anthony J. Ceraolo, the participants in a proceeding at any the proposed rule, (2) Copyright Owners Captain, U.S. Coast Guard, Captain of the time during the proceeding’’ provided would withdraw their response to Port of San Francisco. the settling parties submit the SME’s objection, (3) the parties to the [FR Doc. 2017–06082 Filed 3–27–17; 8:45 am] negotiated rates and terms to the Judges settlement would request that the Judges for approval. That provision directs the adopt the settlement industry-wide, and BILLING CODE 9110–04–P Judges to provide those who would be (4) SME would withdraw from the bound by the negotiated rates and terms proceeding, except to support adoption an opportunity to comment on the of the settlement or, if the settlement LIBRARY OF CONGRESS agreement. were not adopted, to litigate matters Copyright Royalty Board The Judges published the proposed relating to the subpart A regulations. settlement in the Federal Register and By its terms, the partial settlement 3 37 CFR Part 385 requested comments from the public. applied originally only to UMG, WMG, 81 FR 48371 (July 25, 2016). The Judges and the unnamed ‘‘significant portion of [Docket No. 16–CRB–0003–PR] received comments from three entities: the . . . music publishing industries’’ American Association of Independent with whom the licensees had agreed. Determination of Royalty Rates and Music (A2IM), Sony Music The Second Motion expanded the Terms for Making and Distributing Entertainment (SME), and George D. settlement to include SME as a licensee Phonorecords (Phonorecords III); Johnson dba GEO Music (Mr. Johnson). subject to the settlement rates and Subpart A Configurations of the A2IM urged adoption of the agreed terms. Mechanical License settlement. SME did not oppose The Judges ‘‘may decline to adopt the AGENCY: Copyright Royalty Board, continuing the existing royalty rates, but agreement as a basis for statutory terms Library of Congress. opposed adoption of one portion of the and rates for participants that are not ACTION: Final rule. proposed regulation, viz., the late fee parties to the agreement,’’ only ‘‘if any provision. Mr. Johnson opposed participant [in the proceeding] objects to SUMMARY: The Copyright Royalty Judges adoption of the settlement. the agreement and the [Judges] publish final regulations that set The National Music Publishers’ conclude, based on the record before continued, unaltered rates and terms for Association (NMPA) and the Nashville them if one exists, that the agreement subpart A configurations subject to the does not provide a reasonable basis for statutory license to use nondramatic 1 UMG Recordings, Inc. includes its successors setting statutory terms or rates.’’ 17 musical works to make and distribute and affiliates that engage in the production and U.S.C. 801(b)(7)(A)(ii). phonorecords of those works (the distribution of recorded music, including Capitol Christian Music group, Inc., and Capitol Records, Mr. Johnson’s Objections to the Mechanical License). In addition, the LLC. Judges correct an outdated cross- 2 Warner Music, Inc. includes its successors and Settlement reference in the regulations. affiliates that engage in the production and George Johnson, dba GEO Music, distribution of recorded music. DATES: Effective Date: March 28, 2017. appears in this proceeding as a pro se 3 The notice of settlement included a proposed FOR FURTHER INFORMATION CONTACT: rule that purported to limit the license rates at issue participant. Mr. Johnson’s comment Anita Blaine, Program Specialist, by to the time period 2018 to 2022. See 81 FR 48371 telephone at (202) 707–7658 or by email (Jul. 25, 2016). In fact, the license rates adopted in 4 Without more information, the Judges cannot this Final Rule will remain in effect until determine whether ‘‘Anonymous’’ is a participant at [email protected]. superseded by a subsequent rulemaking. See 17 in this proceeding. As ‘‘Anonymous’’ made no SUPPLEMENTARY INFORMATION: U.S.C. 115(c)(3)(C). objection, however, participant status is irrelevant.

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opposing the proposed settlement rates (5) is a product of anticompetitive ‘‘price- acting in the interest of their and terms filed August 24, 2016, fixing other people’s property at the below- constituents. If they were not doing so, incorporated by reference ‘‘two market 9.1 cents....’’11 the constituents could seek Opposition Motions’’ filed concurrently (6) ‘‘does not provide a reasonable basis for representation elsewhere. But, Mr. setting statutory terms or rates;’’ 12 and with his Comments in the rulemaking. (7) disregards the effects of inflation on the Johnson has not even hinted at evidence The exact identity of the two songwriter and publisher rights at issue.13 to support his argument that the ‘‘Opposition Motions’’ Mr. Johnson cites representative negotiators are engaged is unclear. Mr. Johnson makes legal, economic, in anti-competitive price-fixing at Mr. Johnson submitted: (1) and subjective arguments against below-market rates. The very definition Opposition to Parties Motion to Adopt adoption of the agreed license rates and of a market value is one that is reached Settlement, dated June 27, 2016 terms from his perspective as an by negotiations between a willing buyer (Opposition); (2) Second Opposition independent songwriter and publisher. and a willing seller, with neither party Mr. Johnson’s legal argument, viz., Motion to NMPA, NSAI, WMG, and being under any compulsion to bargain. that the proposed settlement violates UMG’s Reply to Adopt Settlement as Although Mr. Johnson states it as a copyright owners’ exclusive rights, Statutory Rates and Terms, dated July 7, negative, the parties’ negotiations are fails.14 The copyrights of creators of 2016 (Second Opposition); (3) Objection only fair and reasonable if each party nondramatic musical works are not to Comments and Objections of Sony acts to protect its own self-interest. In unlimited. They are subject to express Music Entertainment Concerning that regard, the Judges view the settling exceptions and limitations, including Proposed Settlement, dated August 29, parties’ consensual decision to establish section 115 of the Act. Section 115, like 2016 (Objection); and (4) Objection and a fixed nominal rate, i.e., unadjusted for its predecessor, section 1(e) of the 1909 Response to NMPA and NSAI’s inflation, as also representative of their Copyright Act, creates a compulsory, Response to SME’s Comments and mutual self-interest.17 Objections Concerning Proposed § 385.3 statutory license available to users of Settlement, dated August 31, 2016 musical works for ‘‘mechanical’’ Judges’ Conclusion (Second Objection).5 manufacture and distribution of those Section 801(b)(7)(A) of the Act is clear Mr. Johnson filed an opposition to the works. Over time, the scope of the that the Judges have the authority to Second Motion on November 3, but ‘‘mechanical’’ license has grown to adopt settlements between some or all amended his filing twice. He submitted include digital uses. These uses are of the participants to a proceeding at his final version November 8, 2016.6 expressly allowed by the Act and, so any time during a proceeding, so long as The objections Mr. Johnson made in long as the user complies with the terms those that would be bound by those response to the Second Motion were a of the statutory license, the user is not rates and terms are given an opportunity reprise of his earlier objections. Nothing infringing on any copyright that a to comment. Id. at (b)(7)(A)(i). If a 15 in the parties’ agreement addresses Mr. songwriter or publisher might claim. participant raises an objection to Johnson’s grievances. Similarly, Mr. Johnson’s economic adoption of the settlement, the Judges In each of his filings, Mr. Johnson arguments must fail. Negotiations by must determine whether, despite the objects to adoption of the settlement and between major recording companies objection(s), the proposed settlement rates and terms, whether for the settling and major publishers might be provides a reasonable basis for setting parties alone, or as a basis for statutory concluded without input from the rates and terms at issue. Id. If the licenses industry-wide. The bases for independent songwriters or publishers. Judges find that no participant has his objections are that the proposed The negotiating representatives, shown that the agreement ‘‘does not settlement: however, represent individual 16 provide a reasonable basis for setting songwriters and publishers. statutory terms or rates’’ then they may (1) ‘‘violates copyright owners’ exclusive Presumably the representatives are rights’’; 7 adopt the proposed terms and rates as (2) creates a ‘‘substantive competitive statutory rates and terms for participants 11 disadvantage for every American Id.; Objection at 2; see Second Objection at 3– 4. that are not parties to the agreement. Id. independent songwriter and music publisher, 12 Opposition at 6. at (b)(7)(A)(ii). as well as, every co-writer and co-publisher 13 Opposition at 7; Second Opposition at 6–7; The Judges provided an opportunity within the Universal Music Publishing Objection at 3–4; Second Objection at 2. for comment and, following the Second (UMP) . . . and Warner-Chappell Publishing 14 It is unclear whether, in his Objection, Mr. Motion, were left with only Mr. (WCP) catalogs;’’ 8 Johnson intended to challenge the constitutionality Johnson’s objections. As discussed (3) involves foreign companies, as UMP/ of the mechanical compulsory license. The Judges UMG and WCP/WMG are headquartered in find that Mr. Johnson’s conclusory statement that above, Mr. Johnson’s objections did not France and Russia; 9 ‘‘[t]his is . . . unconstitutional and violates the Art change and he provides no persuasive (4) permits licensees to look out for their I exclusive rights in copyright’’ does not articulate legal or economic arguments that would own self-interests; 10 a constitutional challenge that the Judges can convince the Judges to reject a proposed consider. settlement reached voluntarily between 15 In some of his argument, Mr. Johnson refers to 5 These papers were filed with the Judges on July the difficulties presented not only by the section the Settling parties. 7, 2016, July 11, 2016, September 28, 2016, and 115 license, but also by the Performing Rights From the perspective of an September 28, 2016, respectively. Organizations’ uses that are governed by separate independent songwriter, the proposed 6 CRB procedural rules require responses to Consent Decrees that were first entered in 1941 and rates might seem inadequate. The fact motions to be filed within five business days after have been amended periodically since. Consent the motion is filed. See 37 CFR 350.4(f). Five Decree rates are determined in a New York federal remains, however, that the proposed business days after October 28, 2016, was district court, commonly known as the Rate Court. rates and terms were negotiated on November 4, 2016. As Mr. Johnson’s later filings The Judges agree with Mr. Johnson that music consisted of amendments to the original, timely behalf of the vast majority of parties that licensing is fragmented, both by reason of the historically have participated in Section filing and as Mr. Johnson is appearing in this Consent Decree and the fragmentation of the proceeding pro se, the Judges accepted his statutory licensing schemes in the Act. These issues 115 proceedings before the Judges. November 8, amended filing. are beyond the scope of authority of the Judges; 7 Opposition at 2; Second Opposition at 6; see they can only be addressed by Congress. 17 Mr. Johnson repeats allegations that the Second Objection at 3. 16 Of note, Mr. Johnson himself is a member of recording companies involved in this licensing 8 Opposition at 2–3; Second Opposition at 6. NSAI. See George Johnson’s (GEO) Objection to negotiation are foreign-owned. He fails, however, to 9 Opposition at 3; Second Opposition at 7. NMPA, NSAI and SME’s Motion to Adopt state why foreign corporate ownership might be 10 Id. Settlement Industry Wide at 10 (Nov. 8, 2016). relevant to the issues at hand.

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Those parties clearly concluded that the § 385.4 [Amended] the Internet and will be publicly rates and terms were acceptable to both ■ 2. Section 385.4 is amended by available only in hard copy form. sides. The evidence 18 and arguments removing ‘‘§ 201.19(e)(7)(i)’’ and adding Publicly available docket materials are Mr. Johnson presented are insufficient ‘‘§ 210.16(g)(1)’’ in its place. available through www.regulations.gov for the Judges to determine that the or please contact the person identified Dated: February 22, 2017. agreed rates and terms are unreasonable. in the FOR FURTHER INFORMATION The only objections to the agreement Suzanne M. Barnett, CONTACT section for additional by a participant were those of Mr. Chief Copyright Royalty Judge. information. Johnson. Based on those objections, the Approved by: FOR FURTHER INFORMATION CONTACT: Judges cannot conclude that the Carla D. Hayden, Steven Brown, Environmental agreement reached voluntarily between Librarian of Congress. Protection Agency, Air Planning and the Settling Parties does not provide a [FR Doc. 2017–06065 Filed 3–27–17; 8:45 am] Development Branch, 11201 Renner reasonable basis for setting statutory BILLING CODE 1410–72–P Boulevard, Lenexa, Kansas 66219 at terms and rates for licensing 913–551–7718, or by email at nondramatic musical works to [email protected]. manufacture and distribute ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: phonorecords, including permanent AGENCY Throughout this document ‘‘we,’’ ‘‘us,’’ digital downloads and ringtones and ‘‘our’’ refer to EPA. This section (Subpart A Configurations). Therefore, 40 CFR Part 52 provides additional information by the Judges must adopt the proposed [EPA–R07–OAR–2016–0470; FRL–9958–72– addressing the following: regulations that codify the partial Region 7] I. What is being addressed in this document? settlement. II. Have the requirements for final approval Further, because the only participant, Approval of Missouri’s Air Quality of a SIP revision been met? other than Mr. Johnson, offering Implementation Plans; Open Burning III. What action is EPA taking? objection to the settlement joined in the Requirements IV. Incorporation by Reference Second Motion to apply the rates and V. Statutory and Executive Order Reviews terms industry-side, the Judges adopt AGENCY: Environmental Protection the proposed rates and terms industry- Agency (EPA). I. What is being addressed in this wide for subpart A Configurations. In ACTION: Final rule. document? doing so, the Judges make clear that the EPA is taking final action to approve SUMMARY: The Environmental Protection adoption of the partial settlement the SIP revision submitted by the state Agency (EPA) is taking final action to should in no way suggest that they are of Missouri that replaces four area approve a revision to the State more or less inclined to adopt the specific open burning rules with a rule Implementation Plan (SIP) for the State reasoning or proposals of any of the that is applicable state-wide. On of Missouri related to open burning. On parties remaining in the proceeding in November 24, 2009, the MDNR November 24, 2009, the Missouri relation to subpart B or C requested to amend the SIP to rescind Department of Natural Resources configurations. Missouri Open Burning Restrictions 10 (MDNR) requested to amend the SIP to In reviewing the regulations, the CSR 10–2.100, 10 CSR 10–3.030, 10 CSR replace four area specific open burning Judges discovered an outdated cross- 10–4.090, and 10 CSR 10–5.070, and rules into one rule that is area specific reference and are correcting it. consolidated these four rules into a new and applicable state-wide. EPA solicited rule 10 CSR 10–6.045. The new rule The regulations of 37 CFR part 385, comment in an earlier proposed adds language that allows burning of subpart A, are adopted as detailed in rulemaking that published in the ‘‘trade wastes’’ by permit in areas for this Final Rule. Federal Register on September 8, 2016, situations where open burning is in the and received one comment in support of List of Subjects in 37 CFR Part 385 best interest of the general public or the proposed SIP revision. These when it can be shown that open burning Copyright, Phonorecords, Recordings. revisions to Missouri’s SIP do not have is the safest and most feasible method an adverse effect on air quality as Final Regulation of disposal. The rule reserves the right demonstrated in the technical support For the reasons set forth herein, the for the staff director to deny, revoke or document (TSD) which is a part of the Copyright Royalty Judges amend 37 CFR suspend an open burn permit. It proposed rulemaking docket. EPA’s part 385 as follows: changes the general provisions section final approval of these SIP revisions is by not limiting liability to an individual being done in accordance with the PART 385—RATES AND TERMS FOR who is directly responsible for a requirements of the Clean Air Act USE OF MUSICAL WORKS UNDER violation and extends the regulatory (CAA). COMPULSORY LICENSE FOR MAKING liability to any person, such as a AND DISTRIBUTING OF PHYSICAL DATES: This final rule is effective on property owner who hires an individual AND DIGITAL PHONORECORDS April 27, 2017. to start the fire. The rule also adds the ADDRESSES: EPA has established a definition of ‘‘untreated wood’’ for ■ 1. The authority citation for part 385 docket for this action under Docket ID clarification to aid in compliance continues to read: No. EPA–R07–OAR–2016–0470. All purposes. On September 8, 2016, EPA Authority: 17 U.S.C. 115, 801(b)(1), documents in the docket are listed on proposed approval of the SIP revision in 804(b)(4). the http://www.regulations.gov Web the Federal Register (81 FR 62066), the site. Although listed in the index, some comment period closed on October 11, 18 The Judges are not ruling that any of Mr. information is not publicly available, 2016. During this period, on October 11, Johnson’s submissions would be admissible at an i.e., CBI or other information whose 2016, EPA received one comment which evidentiary hearing. Even taking those submissions as admissible evidence in support of its positions, disclosure is restricted by statute. is included in the docket from an however, the Judges find that they would be Certain other material, such as unknown commenter that supports this immaterial to the Judges’ rate-setting mandate. copyrighted material, is not placed on final rule.

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II. Have the requirements for final V. Statutory and Executive Order governments or preempt tribal law as approval of a SIP revision been met? Reviews specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The state submission has met the Under the CAA, the Administrator is required to approve a SIP submission The Congressional Review Act, 5 public notice requirements for SIP U.S.C. 801 et seq., as added by the Small submissions in accordance with 40 CFR that complies with the provisions of the Act and applicable Federal regulations. Business Regulatory Enforcement 51.102. The submission also satisfied 42 U.S.C. 7410(k); 40 CFR 52.02(a). Fairness Act of 1996, generally provides the completeness criteria of 40 CFR part Thus, in reviewing SIP submissions, that before a rule may take effect, the 51, appendix V. In addition, as EPA’s role is to approve state choices, agency promulgating the rule must explained above and in more detail in provided that they meet the criteria of submit a rule report, which includes a the technical support document (TSD) the CAA. Accordingly, this action copy of the rule, to each House of the which is part of the proposed merely approves state law as meeting Congress and to the Comptroller General rulemaking docket that published in the Federal requirements and does not of the United States. EPA will submit a Federal Register on September 8, 2016, impose additional requirements beyond report containing this action and other the revision meets the substantive SIP those imposed by state law. For that required information to the U.S. Senate, requirements of the CAA, including reason, this action: the U.S. House of Representatives, and section 110 and implementing • Is not a significant regulatory action the Comptroller General of the United regulations. subject to review by the Office of States prior to publication of the rule in the Federal Register. A major rule III. What action is EPA taking? Management and Budget under Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it is published in the Federal Register. EPA is finalizing approval of revisions October 4, 1993) and 13563 (76 FR 3821, This action is not a ‘‘major rule’’ as to the Missouri SIP regarding an open January 21, 2011); defined by 5 U.S.C. 804(2). burn regulation that replaces four area • Does not impose an information Under section 307(b)(1) of the CAA, specific open burning rules. EPA has collection burden under the provisions of the Paperwork Reduction Act (44 petitions for judicial review of this conducted a full evaluation of the action must be filed in the United States regulation, which is discussed in detail U.S.C. 3501 et seq.); • Court of Appeals for the appropriate in the proposed rule and the TSD, Is certified as not having a significant economic impact on a circuit by May 30, 2017. Filing a which is included in this rulemaking petition for reconsideration by the docket. substantial number of small entities under the Regulatory Flexibility Act (5 Administrator of this final rule does not We are processing this as a final U.S.C. 601 et seq.); affect the finality of this action for the approval action after soliciting • Does not contain any unfunded purposes of judicial review nor does it comments on a proposed action. The mandate or significantly or uniquely extend the time within which a petition public comment period on EPA’s affect small governments, as described for judicial review may be filed, and proposed rule opened on September 8, in the Unfunded Mandates Reform Act shall not postpone the effectiveness of 2016, the date of its publication in the of 1995 (Pub. L. 104–4); such rule or action. This action may not Federal Register (81 FR 62066), and • Does not have Federalism be challenged later in proceedings to closed on October 11, 2016. implications as specified in Executive enforce its requirements. (See section Order 13132 (64 FR 43255, August 10, 307(b)(2)). IV. Incorporation by Reference 1999); List of Subjects in 40 CFR Part 52 • Is not an economically significant In this rule, EPA is finalizing Environmental protection, Air regulatory text that includes regulatory action based on health or safety risks subject to Executive Order pollution control, Carbon monoxide, incorporation by reference. In Incorporation by reference, accordance with requirements of 1 CFR 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action Intergovernmental relations, Lead, 51.5, EPA is finalizing the incorporation Nitrogen dioxide, Ozone, Particulate by reference the amendments to 40 CFR subject to Executive Order 13211 (66 FR 28355, May 22, 2001); matter, Reporting and recordkeeping part 52 as set forth below. Therefore, • Is not subject to requirements of requirements, Sulfur oxides, Volatile these materials have been approved by section 12(d) of the National organic compounds. EPA for inclusion in the State Technology Transfer and Advancement Dated: March 20, 2017. implementation plan, have been Act of 1995 (15 U.S.C. 272 note) because Edward H. Chu, incorporated by reference by EPA into application of those requirements would Acting Regional Administrator, Region 7. that plan, are fully Federally enforceable be inconsistent with the CAA; and For the reasons stated in the under sections 110 and 113 of the CAA • Does not provide EPA with the preamble, EPA amends 40 CFR part 52 as of the effective date of the final discretionary authority to address, as as set forth below: rulemaking of EPA’s approval, and will appropriate, disproportionate human be incorporated by reference by the health or environmental effects, using PART 52—APPROVAL AND Director of the Federal Register in the practicable and legally permissible PROMULGATION OF next update to the SIP compilation.1 methods, under Executive Order 12898 IMPLEMENTATION PLANS EPA has made, and will continue to (59 FR 7629, February 16, 1994). make, these documents generally The SIP is not approved to apply on ■ 1. The authority citation for part 52 available electronically through any Indian reservation land or in any continues to read as follows: www.regulations.gov and/or in hard other area where EPA or an Indian tribe Authority: 42 U.S.C. 7401 et. seq. copy at the appropriate EPA office (see has demonstrated that a tribe has the ADDRESSES section of this preamble jurisdiction. In those areas of Indian Subpart AA—Missouri for more information). country, the rule does not have tribal implications and will not impose ■ 2. In § 52.1320, the table in paragraph 1 62 FR 27968 (May 22, 1997). substantial direct costs on tribal (c) is amended by:

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■ a. Removing entries ‘‘10–2.100’’, ‘‘10– ■ b. Adding the entry ‘‘10–6.045’’ in § 52.1320 Identification of plan. 3.030’’, ‘‘10–4.090’’, and ‘‘10–5.070’’. numerical order. * * * * * The addition reads as follows: (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State effective Missouri citation Title date EPA approval date Explanation

Missouri Department of Natural Resources

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri

******* 10–6.045 ...... Open Burning Requirements ...... 9/30/09 3/28/17 [insert Federal Register citation]. . *******

* * * * * omitted a minor administrative phrase Dated: March 20, 2017. [FR Doc. 2017–06009 Filed 3–27–17; 8:45 am] from rules 567–22.4, 567–22.5, and Edward H. Chu, BILLING CODE 6560–50–P 567.22.10. This technical part 52 Acting Regional Administrator, Region 7. revision to 567–22.5 is also being Accordingly, 40 CFR parts 52 and 70 applied to Iowa’s 112(l) plan. ENVIRONMENTAL PROTECTION is corrected by making the following AGENCY This technical revision is also making technical amendments: corrections to the Region 7 Technical 40 CFR Parts 52 and 70 Support Document (TSD) that supports PART 52—APPROVAL AND the September 9, 2016 (81 FR 62387), PROMULGATION OF [EPA–R07–OAR–2016–0453; FRL 9957–84– IMPLEMENTATION PLANS Region 7] direct final action. EPA inadvertently omitted minor administrative phrases ■ and a reference from chapter 22 rule 1. The authority citation for part 52 State of Iowa; Approval and continues to read as follows: Promulgation of the Title V Operating 567–22.103. Two revisions to chapter 22 Permits Program, the State rule 567–22.105(2) are required for Authority: 42 U.S.C. 7401 et seq. Implementation Plan, and 112(l) Plan clarification. Please see the revised TSD Subpart Q—Iowa included in the docket. AGENCY: Environmental Protection § 52.820 [Amended] Agency (EPA). Finally, we are revising the incorrect state effective dates codified on page ■ ACTION: Final rule; technical 2. In § 52.820, the table in amendments. 62398 of the September 9, 2016 (81 FR paragraph(c) is amended by removing 62387), Federal Register for parts 52 from under the column titled ‘‘State SUMMARY: The Environmental Protection and 70. The correct state effective date effective date’’ the text ‘‘3/15/16’’ and Agency (EPA) published in the Federal is December 16, 2015. adding the text ‘‘12/16/15’’ in its place Register on September 9, 2016, Additional information for this for entries ‘‘567–20.1’’, ‘‘567–22.1’’, approving revisions to the Iowa Title V technical amendment can be found in ‘‘567–22.4’’, ‘‘567–22.5’’, ‘‘567–22.8’’, Operation Permits Program, the State the revised Technical Support ‘‘567–22.10’’ ‘‘567–31.1’’ and ‘‘567– Implementation Plan (SIP), and the Document located in this docket. 33.1’’, respectively. 112(l) plan. This amendment makes minor administrative revisions and List of Subjects PART 70—STATE OPERATING PERMIT amends the state effective date. PROGRAMS 40 CFR Part 52 DATES: This final rule is effective March ■ 3. The authority citation for part 70 28, 2017. Environmental protection, continues to read as follows: FOR FURTHER INFORMATION CONTACT: Incorporation by reference, Heather Hamilton, Environmental Intergovernmental relations, Reporting Authority: 42 U.S.C. 7401 et seq. Protection Agency, Air Planning and and recordkeeping requirements. ■ 4. Appendix A to part 70 is amended Development Branch, 11201 Renner by revising paragraph (q) under the Boulevard, Lenexa, Kansas 66219 at 40 CFR Part 70 heading ‘‘Iowa’’ to read as follows: 913–551–7039, or by email at Administrative practice and Appendix A to Part 70—Approval [email protected]. procedure, Air pollution control, Status of State and Local Operating SUPPLEMENTARY INFORMATION: In the Intergovernmental relations, Operating Permits Program September 9, 2016 (81 FR 62387), permits, Reporting and recordkeeping * * * * * Federal Register direct final action requirements. approving revisions to part 52, chapter Iowa 22 of Iowa’s SIP, EPA inadvertently * * * * *

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(q) The Iowa Department of Natural Register on December 28, 2016 was the effective date of that rule for 90 Resources submitted for program approval a temporarily delayed for 60 days. This additional days. That rule responded to revision to rules 567–22.100, 567–22.101, action temporarily delays the effective a petition for reconsideration from the 567–22.103, 567–22.105, 567–22.106, 567– date of that rule for 90 additional days. Alliance of Automobile Manufacturers 22.108, and added 567.30.4(2) on December 16, 2015. This revision to the Iowa program DATES: As of March 27, 2017, the and the Association of Global is approved effective on November 8, 2016. effective date of the rule amending 49 Automakers by delaying, until model year 2019, the implementation of * * * * * CFR part 578 published at 81 FR 95489, inflationary adjustments to the [FR Doc. 2017–06008 Filed 3–27–17; 8:45 am] December 28, 2016, delayed at 82 FR Corporate Average Fuel Economy BILLING CODE 6560–50–P 8694, January 30, 2017, is further delayed until June 26, 2017. (CAFE) civil penalty rate. These FOR FURTHER INFORMATION CONTACT: For inflationary adjustments are required by Congress as part of the Federal Civil DEPARTMENT OF TRANSPORTATION legal issues, contact Michael Kuppersmith, Office of Chief Counsel, at Penalties Inflation Adjustment Act Improvements Act of 2015. The National Highway Traffic Safety (202) 366–5263. For non-legal issues, additional 90-day delay in effective date Administration contact John Finneran, Office of Vehicle Safety Compliance, at (202) 366–5289. is necessary to temporarily preserve the status quo while Department officials 49 CFR Part 578 SUPPLEMENTARY INFORMATION: Pursuant continue to review and consider the [Docket No. NHTSA–2016–0136] to a document published on January 30, final rule and related laws. To the extent 2017 (82 FR 8694), the effective date of that 5 U.S.C. 553 is applicable, this RIN 2127–AL82 the rule entitled ‘‘Civil Penalties,’’ action is exempt from notice and published in the Federal Register on Civil Penalties comment because it constitutes a rule of December 28, 2016, at 81 FR 95489, was procedure under 5 U.S.C. 553(b)(3)(A). AGENCY: National Highway Traffic temporarily delayed for 60 days in accordance with the memorandum of Authority: Pub. L. 101–410, Pub. L. 104– Safety Administration (NHTSA), 134, Pub. L. 109–59, Pub. L. 114–74, Pub L. Department of Transportation (DOT). January 20, 2017, from the Assistant to the President and Chief of Staff, entitled 114–94, 49 U.S.C. 32902 and 32912; ACTION: delegation of authority at 49 CFR 1.81, 1.95. Final rule; delay of effective ‘‘Regulatory Freeze Pending Review.’’ 1 date. The present action temporarily delays Issued on: March 23, 2017. SUMMARY: Pursuant to a notice Jack Danielson, 1 Available at https://www.whitehouse.gov/the- Acting Deputy Administrator. published on January 30, 2017, the press-office/2017/01/20/memorandum-heads- effective date of the rule entitled ‘‘Civil executive-departments-and-agencies (last accessed [FR Doc. 2017–06119 Filed 3–27–17; 8:45 am] Penalties,’’ published in the Federal Mar. 13, 2017). BILLING CODE 4910–59–P

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Proposed Rules Federal Register Vol. 82, No. 58

Tuesday, March 28, 2017

This section of the FEDERAL REGISTER publications/. For further information, aspects of the proposal. contains notices to the public of the proposed you can contact the Airspace Policy Communications should identify both issuance of rules and regulations. The Group, Federal Aviation docket numbers and be submitted in purpose of these notices is to give interested Administration, 800 Independence triplicate to the address listed above. persons an opportunity to participate in the Avenue SW., Washington, DC, 20591; Commenters wishing the FAA to rule making prior to the adoption of the final rules. telephone: 202–267–8783. The Order is acknowledge receipt of their comments also available for inspection at the on this notice must submit with those National Archives and Records comments a self-addressed, stamped DEPARTMENT OF TRANSPORTATION Administration (NARA). For postcard on which the following information on the availability of FAA statement is made: ‘‘Comments to Federal Aviation Administration Order 7400.11A at NARA, call 202–741– Docket No. FAA–2016–9540/Airspace 6030, or go to http://www.archives.gov/ Docket No. 16–AGL–27.’’ The postcard 14 CFR Part 71 federal_register/code_of_federal- will be date/time stamped and returned _ [Docket No. FAA–2016–9540; Airspace regulations/ibr locations.html. to the commenter. Docket No. 16–AGL–27] FAA Order 7400.11, Airspace All communications received before Designations and Reporting Points, is the specified closing date for comments Proposed Amendment of Class C and published yearly and effective on will be considered before taking action Class E Airspace; Evansville, IN September 15. on the proposed rule. The proposal FOR FURTHER INFORMATION CONTACT: Ron contained in this notice may be changed AGENCY: Federal Aviation Laster, Federal Aviation Administration, in light of the comments received. A Administration (FAA), DOT. Contract Support, Operations Support report summarizing each substantive ACTION: Notice of proposed rulemaking Group, Central Service Center, 10101 public contact with FAA personnel (NPRM). Hillwood Parkway, Fort Worth, TX concerned with this rulemaking will be 76177; telephone (817) 222–5879. filed in the docket. SUMMARY: This action proposes to modify Class E airspace extending SUPPLEMENTARY INFORMATION: Availability of NPRMs upward from 700 feet above the surface Authority for This Rulemaking An electronic copy of this document at Evansville Regional Airport, The FAA’s authority to issue rules may be downloaded through the Evansville, Indiana. This action is regarding aviation safety is found in Internet at http://www.regulations.gov. necessary due to the decommissioning Title 49 of the United States Code. Recently published rulemaking of the Evansville non-directional radio Subtitle I, Section 106 describes the documents can also be accessed through beacon (NDB) and cancellation of the authority of the FAA Administrator. the FAA’s Web page at http:// NDB approach. This action would also Subtitle VII, Aviation Programs, www.faa.gov/air_traffic/publications/ update the geographic coordinates of the describes in more detail the scope of the airspace_amendments/. airport, as well as Skylane Airport, agency’s authority. This rulemaking is You may review the public docket listed with Evansville Regional Airport promulgated under the authority containing the proposal, any comments in Class C airspace. described in Subtitle VII, Part, A, received, and any final disposition in DATES: Comments must be received on Subpart I, Section 40103. Under that person in the Dockets Office (see the or before May 12, 2017. section, the FAA is charged with ADDRESSES section for the address and ADDRESSES: Send comments on this prescribing regulations to assign the use phone number) between 9:00 a.m. and proposal to the U.S. Department of of airspace necessary to ensure the 5:00 p.m., Monday through Friday, Transportation, Docket Operations, safety of aircraft and the efficient use of except federal holidays. An informal West Building Ground Floor, Room airspace. This regulation is within the docket may also be examined during W12–140, 1200 New Jersey Avenue SE., scope of that authority as it would normal business hours at the Federal Washington, DC 20590; telephone (202) amend Class C airspace and Class E Aviation Administration, Air Traffic 366–9826, or 1–800–647–5527. You airspace extending upward from 700 Organization, Central Service Center, must identify FAA Docket No. FAA– feet above the surface at Evansville Operations Support Group, 10101 2016–9540; Airspace Docket No. 16– Regional Airport, Evansville, IN. Hillwood Parkway, Fort Worth, TX AGL–27, at the beginning of your 76177. comments. You may also submit Comments Invited Availability and Summary of comments through the Internet at http:// Interested parties are invited to Documents Proposed for Incorporation www.regulations.gov. You may review participate in this proposed rulemaking by Reference the public docket containing the by submitting such written data, views, proposal, any comments received, and or arguments, as they may desire. This document proposes to amend any final disposition in person in the Comments that provide the factual basis FAA Order 7400.11A, Airspace Dockets Office between 9:00 a.m. and supporting the views and suggestions Designations and Reporting Points, 5:00 p.m., Monday through Friday, presented are particularly helpful in dated August 3, 2016, and effective except Federal holidays. developing reasoned regulatory September 15, 2016. FAA Order FAA Order 7400.11A, Airspace decisions on the proposal. Comments 7400.11A is publicly available as listed Designations and Reporting Points, and are specifically invited on the overall in the ADDRESSES section of this subsequent amendments can be viewed regulatory, aeronautical, economic, document. FAA Order 7400.11A lists online at http://www.faa.gov/air_traffic/ environmental, and energy-related Class A, B, C, D, and E airspace areas,

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air traffic service routes, and reporting FR 11034; February 26, 1979); and (3) Class C airspace area is effective during the points. does not warrant preparation of a specific days and hours of operation of the regulatory evaluation as the anticipated Evansville Tower and Approach Control The Proposal impact is so minimal. Since this is a Facility as established in advance by a Notice The FAA is proposing an amendment to Airmen. The effective dates and times will routine matter that will only affect air thereafter be continuously published in the to Title 14 Code of Federal Regulations traffic procedures and air navigation, it Airport/Facility Directory. (14 CFR) part 71 by modifying Class E is certified that this rule, when * * * * * airspace extending upward from 700 promulgated, would not have a feet or more above the surface to within significant economic impact on a Paragraph 6005 Class E Airspace Areas a 7.1-mile radius of the airport (from a substantial number of small entities Extending Upward From 700 Feet or More 6.8-mile radius) at Evansville Regional under the criteria of the Regulatory Above the Surface of the Earth. Airport, Evansville, IN. Flexibility Act. * * * * * The 4.4-mile wide segment (2.2. miles AGL IN E5 Evansville, IN from each side of the 001 degree bearing Environmental Review Evansville Regional Airport, IN from the airport) extending from the 6.8- This proposal will be subject to an ° ′ ″ ° ′ ″ mile radius of the airport would be (Lat. 38 02 27 N., long. 87 31 43 W.) environmental analysis in accordance Pocket City VORTAC modified to a 4-mile wide segment with FAA Order 1050.1F, (Lat. 37°55′42″ N., long. 87°45′45″ W.) extending from the proposed 7.1-mile ‘‘Environmental Impacts: Policies and That airspace extending upward from 700 radius of the airport to 11.6 miles north Procedures’’ prior to any FAA final feet above the surface within a 7.1-mile (from 11.2 miles). regulatory action. radius of Evansville Regional Airport, and The 4.4-mile wide segment (2.2 miles ° List of Subjects in 14 CFR Part 71 within 2 miles each side of the 001 bearing from each side of the 181 degree bearing from the airport extending from the 7.1-mile from the airport) extending from the 6.8- Airspace, Incorporation by reference, radius to 11.6 miles north of the airport, and mile radius of the airport to 11.3 miles Navigation (air). within 4 miles each side of the Pocket City south of the airport would be removed VOTYAC 060° radial extending from the 7.1- The Proposed Amendment due to the decommissioning of the mile radius to the VORTAC. Evansville NDB. Accordingly, pursuant to the Issued in Fort Worth, Texas on March 13, The Pocket City VORTAC navigation authority delegated to me, the Federal 2017. aid segment would be amended to Aviation Administration proposes to Walter Tweedy within a 7.1-mile radius (from a 6.8-mile amend 14 CFR part 71 as follows: Acting Manager, Operations Support Group, radius) of the airport to the VORTAC. ATO Central Service Center. This proposal also would update the PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR [FR Doc. 2017–05991 Filed 3–27–17; 8:45 am] geographic coordinates of the airport to BILLING CODE 4910–13–P coincide with the FAA’s aeronautical TRAFFIC SERVICE ROUTES; AND database, as well as updating the REPORTING POINTS coordinates of Skylane Airport listed ■ 1. The authority citation for 14 CFR DEPARTMENT OF TRANSPORTATION under Evansville Regional Airport in part 71 continues to read as follows: Class C airspace. Federal Aviation Administration Airspace reconfiguration is necessary Authority: 49 U.S.C. 106(f), 106(g); 40103, due to the cancellation and 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 14 CFR Part 71 decommissioning of the non-directional 1959–1963 Comp., p. 389. [Docket No. FAA–2017–0046; Airspace radio beacon (NDB) and NDB § 71.1 [Amended] Docket No. 17–AWP–3] approaches which would enhance the ■ 2. The incorporation by reference in safety and management of the standard 14 CFR 71.1 of FAA Order 7400.11A, Proposed Establishment of Class E instrument approach procedures for IFR Airspace Designations and Reporting Airspace, Willits, CA operations at the airport. Points, dated August 3, 2016, and Class C and E airspace designations AGENCY: Federal Aviation effective September 15, 2016, is Administration (FAA), DOT. are published in paragraph 4000 and amended as follows: 6005, respectively, of FAA Order ACTION: Notice of proposed rulemaking 7400.11A, dated August 3, 2016, and Paragraph 4000 Class C Airspace. (NPRM). effective September 15, 2016, which is AGL IN C Evansville Regional Airport, IN incorporated by reference in 14 CFR SUMMARY: This action proposes to Evansville Regional Airport, IN 71.1. The Class E airspace designations establish Class E airspace extending (Lat. 38°02′27″ N., long. 87°31′43″ W.) upward from 700 feet above the surface listed in this document will be Skylane Airport published subsequently in the Order. ° ′ ″ ° ′ ″ at Frank R. Howard Memorial Hospital (Lat. 38 00 42 N., long. 87 35 41 W.) Heliport, Willits, CA, to support the Regulatory Notices and Analyses That airspace extending upward from the development of Instrument Flight Rules surface to and including 4,500 feet MSL (IFR) operations under standard The FAA has determined that this within a 5-mile radius of the Evansville regulation only involves an established Regional Airport excluding that airspace instrument approach and departure body of technical regulations for which beginning where the Pocket City 057° radial procedures at the heliport, for the safety frequent and routine amendments are crosses the 5-mile ring, thence northeast via and management of aircraft within the ° 1 necessary to keep them operationally the 057 radial to intercept a 1 ⁄4-mile radius National Airspace System. current, is non-controversial and of the Skylane Airport, thence DATES: Comments must be received on 1 unlikely to result in adverse or negative counterclockwise via the 1 ⁄4-mile radius to or before May 12, 2017. the 360° bearing from the Skylane Airport, ADDRESSES: comments. It, therefore: (1) Is not a thence due west to the 5-mile ring extending Send comments on this ‘‘significant regulatory action’’ under upward from the surface to 1,600 feet MSL; proposal to the U.S. Department of Executive Order 12866; (2) is not a and that airspace within a 10-mile radius of Transportation, Docket Operations, 1200 ‘‘significant rule’’ under DOT the airport extending upward from 1,600 feet New Jersey Avenue SE., West Building Regulatory Policies and Procedures (44 MSL to and including 4,500 feet MSL. This Ground Floor, Room W12–140,

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Washington, DC 20590; telephone: 1– developing reasoned regulatory The Proposal 800–647–5527, or (202) 366–9826. You decisions on the proposal. Comments must identify FAA Docket No. FAA– are specifically invited on the overall The FAA is proposing an amendment 2017–0046; Airspace Docket No. 17– regulatory, aeronautical, economic, to Title 14 Code of Federal Regulations AWP–3, at the beginning of your environmental, and energy-related (14 CFR) part 71 by establishing Class E comments. You may also submit aspects of the proposal. airspace extending upward from 700 comments through the Internet at http:// Communications should identify both feet above the surface at Frank R. www.regulations.gov. docket numbers and be submitted in Howard Memorial Hospital Heliport, FAA Order 7400.11A, Airspace triplicate to the address listed above. Willits, CA. Class E airspace would be Designations and Reporting Points, and Persons wishing the FAA to established within a 2.5-mile radius of subsequent amendments can be viewed acknowledge receipt of their comments the heliport, and within a 5-mile wide online at http://www.faa.gov/air_traffic/ on this notice must submit with those segment (2.5 miles each side of the 166 publications/. For further information, comments a self-addressed, stamped degree bearing) from the heliport to 6.7 you can contact the Airspace Policy postcard on which the following miles southeast of the heliport, and Group, Federal Aviation statement is made: ‘‘Comments to within a 3-mile wide segment (1.5 miles Administration, 800 Independence Docket No. FAA–2017–0046/Airspace each side of the 360 degree bearing) Avenue SW., Washington, DC 20591; Docket No. 17–AWP–3’’. The postcard extending from the heliport to 10.5 telephone: 202–267–8783. The Order is will be date/time stamped and returned miles north of the heliport. This also available for inspection at the to the commenter. airspace is necessary to support IFR National Archives and Records All communications received before operations in standard instrument Administration (NARA). For the specified closing date for comments approach and departure procedures at information on the availability of FAA will be considered before taking action the heliport. Order 7400.11A at NARA, call 202–741– on the proposed rule. The proposal Class E airspace designations are 6030, or go to http://www.archives.gov/ contained in this notice may be changed published in paragraph 6005 of FAA federal_register/code_of_federal- in light of the comments received. A Order 7400.11A, dated August 3, 2016, regulations/ibr_locations.html. report summarizing each substantive and effective September 15, 2016, which FAA Order 7400.11, Airspace public contact with FAA personnel is incorporated by reference in 14 CFR Designations and Reporting Points, is concerned with this rulemaking will be 71.1. The Class E airspace designations published yearly and effective on filed in the docket. listed in this document will be September 15. Availability of NPRMs published subsequently in the Order. FOR FURTHER INFORMATION CONTACT: Tom An electronic copy of this document Regulatory Notices and Analyses Clark, Federal Aviation Administration, may be downloaded through the The FAA has determined that this Operations Support Group, Western Internet at http://www.regulations.gov. regulation only involves an established Service Center, 1601 Lind Avenue SW., Recently published rulemaking body of technical regulations for which Renton, WA 98057; telephone (425) documents can also be accessed through frequent and routine amendments are 203–4511. the FAA’s Web page at http:// necessary to keep them operationally SUPPLEMENTARY INFORMATION: www.faa.gov/air_traffic/publications/ _ current, is non-controversial and Authority for This Rulemaking airspace amendments/. You may review the public docket unlikely to result in adverse or negative The FAA’s authority to issue rules containing the proposal, any comments comments. It, therefore: (1) Is not a regarding aviation safety is found in received, and any final disposition in ‘‘significant regulatory action’’ under Title 49 of the United States Code. person in the Dockets Office (see the Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Subtitle I, Section 106 describes the ADDRESSES section for the address and authority of the FAA Administrator. phone number) between 9:00 a.m. and Regulatory Policies and Procedures (44 Subtitle VII, Aviation Programs, 5:00 p.m., Monday through Friday, FR 11034; February 26, 1979); and (3) describes in more detail the scope of the except federal holidays. An informal does not warrant preparation of a agency’s authority. This rulemaking is docket may also be examined during regulatory evaluation as the anticipated promulgated under the authority normal business hours at the Northwest impact is so minimal. Since this is a described in Subtitle VII, Part A, Mountain Regional Office of the Federal routine matter that will only affect air Subpart I, Section 40103. Under that Aviation Administration, Air Traffic traffic procedures and air navigation, it section, the FAA is charged with Organization, Western Service Center, is certified that this rule, when prescribing regulations to assign the use Operations Support Group, 1601 Lind promulgated, would not have a of airspace necessary to ensure the Avenue SW., Renton, WA 98057. significant economic impact on a safety of aircraft and the efficient use of substantial number of small entities airspace. This regulation is within the Availability and Summary of under the criteria of the Regulatory scope of that authority as it would Documents Proposed for Incorporation Flexibility Act. by Reference establish Class E airspace at Frank R. Environmental Review Howard Memorial Hospital Heliport, This document proposes to amend Willits, CA. FAA Order 7400.11A, Airspace This proposal will be subject to an Designations and Reporting Points, environmental analysis in accordance Comments Invited dated August 3, 2016, and effective with FAA Order 1050.1F, Interested parties are invited to September 15, 2016. FAA Order ‘‘Environmental Impacts: Policies and participate in this proposed rulemaking 7400.11A is publicly available as listed Procedures’’ prior to any FAA final by submitting such written data, views, in the ADDRESSES section of this regulatory action. or arguments, as they may desire. document. FAA Order 7400.11A lists List of Subjects in 14 CFR Part 71 Comments that provide the factual basis Class A, B, C, D, and E airspace areas, supporting the views and suggestions air traffic service routes, and reporting Airspace, Incorporation by reference, presented are particularly helpful in points. Navigation (air).

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The Proposed Amendment modify Class E airspace extending Subtitle VII, Aviation Programs, Accordingly, pursuant to the upward from 700 feet, and establish describes in more detail the scope of the authority delegated to me, the Federal Class E airspace designated as an agency’s authority. This rulemaking is Aviation Administration proposes to extension at Arcata Airport, Arcata, CA. promulgated under the authority amend 14 CFR part 71 as follows: The action also proposes to modify described in Subtitle VII, Part A, Class E airspace extending upward from Subpart I, Section 40103. Under that PART 71—DESIGNATION OF CLASS A, 700 feet at Rohnerville Airport, Fortuna, section, the FAA is charged with B, C, D, AND E AIRSPACE AREAS; AIR CA, and establish stand-alone Class E prescribing regulations to assign the use TRAFFIC SERVICE ROUTES; AND airspace extending upward from 700 of airspace necessary to ensure the REPORTING POINTS feet at Murray Field Airport, Eureka, safety of aircraft and the efficient use of CA, to accommodate airspace redesign airspace. This regulation is within the ■ 1. The authority citation for 14 CFR for the safety and management of scope of that authority as it would part 71 continues to read as follows: Instrument Flight Rules (IFR) operations amend Class E airspace at Arcata Authority: 49 U.S.C. 106(f), 106(g), 40103, within the National Airspace System. Airport, Arcata, CA, and Rohnerville 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Additionally, this proposal would Airport, Fortuna, CA, and would 1959–1963 Comp., p. 389. update the geographic coordinates of establish Class E airspace at Murray these airports. Field, Eureka, CA. § 71.1 [Amended] DATES: Comments must be received on ■ 2. The incorporation by reference in Comments Invited or before May 12, 2017. 14 CFR 71.1 of FAA Order 7400.11A, Interested parties are invited to Airspace Designations and Reporting ADDRESSES: Send comments on this participate in this proposed rulemaking Points, dated August 3, 2016, and proposal to the U.S. Department of by submitting such written data, views, effective September 15, 2016, is Transportation, Docket Operations, 1200 or arguments, as they may desire. amended as follows: New Jersey Avenue SE., West Building Comments that provide the factual basis Ground Floor, Room W12–140, supporting the views and suggestions Paragraph 6005 Class E Airspace Areas Washington, DC 20590; telephone: 1– Extending Upward From 700 Feet or More presented are particularly helpful in 800–647–5527, or (202) 366–9826. You developing reasoned regulatory Above the Surface of the Earth. must identify FAA Docket No. FAA– * * * * * decisions on the proposal. Comments 2015–6751; Airspace Docket No. 15– are specifically invited on the overall AWP CA E5 Willits, CA [New] AWP–18, at the beginning of your regulatory, aeronautical, economic, Frank R. Howard Memorial Hospital comments. You may also submit environmental, and energy-related Heliport, CA comments through the Internet at http:// aspects of the proposal. (Lat. 39°23′21″ N., long. 123°20′21″ W.) www.regulations.gov. Communications should identify both That airspace upward from 700 feet above FAA Order 7400.11A, Airspace docket numbers and be submitted in the surface within a 2.5-mile radius of Frank Designations and Reporting Points, and triplicate to the address listed above. R. Howard Memorial Hospital Heliport, and subsequent amendments can be viewed ° _ Persons wishing the FAA to within 2.5 miles each side of a 166 bearing online at http://www.faa.gov/air traffic/ acknowledge receipt of their comments from the heliport to 6.7 miles southeast of the publications/. For further information, heliport, and within 1.5 miles each side of a on this notice must submit with those ° you can contact the Airspace Policy comments a self-addressed, stamped 360 bearing from the heliport to 10.5 miles Group, Federal Aviation north of the heliport. postcard on which the following Administration, 800 Independence Issued in Seattle, Washington, on March statement is made: ‘‘Comments to Avenue SW., Washington, DC 20591; Docket No. FAA–2015–6751/Airspace 13, 2017. telephone: 202–267–8783. The Order is Mindy Wright, Docket No. 15–AWP–18’’. The postcard also available for inspection at the will be date/time stamped and returned Acting Manager, Operations Support Group, National Archives and Records Western Service Center. to the commenter. Administration (NARA). For All communications received before [FR Doc. 2017–05992 Filed 3–27–17; 8:45 am] information on the availability of FAA the specified closing date for comments BILLING CODE 4910–13–P Order 7400.11A at NARA, call 202–741– will be considered before taking action 6030, or go to http://www.archives.gov/ on the proposed rule. The proposal _ _ _ federal register/code of federal- contained in this notice may be changed DEPARTMENT OF TRANSPORTATION _ regulations/ibr locations.html. in light of the comments received. A FAA Order 7400.11, Airspace Federal Aviation Administration report summarizing each substantive Designations and Reporting Points, is public contact with FAA personnel published yearly and effective on 14 CFR Part 71 concerned with this rulemaking will be September 15. filed in the docket. [Docket No. FAA–2015–6751; Airspace FOR FURTHER INFORMATION CONTACT: Tom Docket No. 15–AWP–18] Clark, Federal Aviation Administration, Availability of NPRMs Operations Support Group, Western An electronic copy of this document Proposed Amendment of Class E Service Center, 1601 Lind Avenue SW., may be downloaded through the Airspace; Arcata, CA; Fortuna, CA; and Renton, WA 98057; telephone (425) Internet at http://www.regulations.gov. Establishment of Class E Airspace; 203–4511. Recently published rulemaking Arcata, CA, and Eureka, CA SUPPLEMENTARY INFORMATION: documents can also be accessed through AGENCY: the FAA’s Web page at http:// Federal Aviation Authority for This Rulemaking Administration (FAA), DOT. www.faa.gov/air_traffic/publications/ _ ACTION: Notice of proposed rulemaking The FAA’s authority to issue rules airspace amendments/. (NPRM). regarding aviation safety is found in You may review the public docket Title 49 of the United States Code. containing the proposal, any comments SUMMARY: This action proposes to Subtitle I, Section 106 describes the received, and any final disposition in modify Class E surface area airspace, authority of the FAA Administrator. person in the Dockets Office (see the

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ADDRESSES section for the address and Rogue Valley Class E en route airspace Procedures’’ prior to any FAA final phone number) between 9:00 a.m. and area. regulatory action. 5:00 p.m., Monday through Friday, At Eureka, CA, this proposal would List of Subjects in 14 CFR Part 71 except federal holidays. An informal establish a designated stand-alone Class docket may also be examined during E airspace extending upward from 700 Airspace, Incorporation by reference, normal business hours at the Northwest feet above the surface within a 6.3-mile Navigation (air). Mountain Regional Office of the Federal radius of Murray Field Airport with a The Proposed Amendment Aviation Administration, Air Traffic segment 6.3 miles wide extending to 23 Accordingly, pursuant to the Organization, Western Service Center, miles southwest of the airport. This authority delegated to me, the Federal Operations Support Group, 1601 Lind airspace area would specifically support Aviation Administration proposes to Avenue SW., Renton, WA 98057. IFR operations at Eureka, CA, and amend 14 CFR part 71 as follows: Availability and Summary of would be unaffected by any proposed Documents Proposed for Incorporation changes that would occur at any other PART 71—DESIGNATION OF CLASS A, by Reference airport. B, C, D, AND E AIRSPACE AREAS; AIR At Fortuna, CA, this proposal would TRAFFIC SERVICE ROUTES; AND This document proposes to amend reduce Class E airspace extending REPORTING POINTS FAA Order 7400.11A, Airspace upward from 700 feet above the surface Designations and Reporting Points, to within a 2.7-mile radius (from a 6.5- ■ 1. The authority citation for 14 CFR dated August 3, 2016, and effective mile radius) of Rohnerville Airport, part 71 continues to read as follows: September 15, 2016. FAA Order with segments extending 7 miles Authority: 49 U.S.C. 106(f), 106(g), 40103, 7400.11A is publicly available as listed northwest, 5.2 miles west, and 6.1 miles 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, in the ADDRESSES section of this southeast of the airport. Class E airspace 1959–1963 Comp., p. 389. document. FAA Order 7400.11A lists upward from 1,200 feet above the Class A, B, C, D, and E airspace areas, surface would be removed since this § 71.1 [Amended] air traffic service routes, and reporting airspace is wholly contained within the ■ 2. The incorporation by reference in points. Rogue Valley Class E en route airspace 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting The Proposal area. Class E airspace designations are Points, dated August 3, 2016, and The FAA is proposing an amendment published in paragraph 6002, 6004, and effective September 15, 2016, is to Title 14 Code of Federal Regulations 6005, respectively, of FAA Order amended as follows: (14 CFR) Part 71 by modifying Class E 7400.11A, dated August 3, 2016, and Paragraph 6002 Class E Airspace surface area airspace at Arcata Airport, effective September 15, 2016, which is Designated as Surface Areas. Arcata, CA, and Rohnerville Airport, incorporated by reference in 14 CFR * * * * * Fortuna, CA, and establishing Class E 71.1. The Class E airspace designations airspace designated as an extension at listed in this document will be AWP CA E2 Arcata, CA [Modified] Arcata Airport. Also, stand-alone Class published subsequently in the Order. Arcata Airport, CA E airspace extending upward from 700 (Lat. 40°58′40″ N., long. 124°06′31″ W.) feet above the surface would be Regulatory Notices and Analyses That airspace within a 4.1-mile radius of established at Murray Field Airport, The FAA has determined that this Arcata Airport. Eureka, CA. This proposed airspace regulation only involves an established Paragraph 6004 Class E Airspace redesign is necessary for the safety and body of technical regulations for which Designated as an Extension to a Class D or management of IFR operations at these frequent and routine amendments are Class E Surface Area. airports, and for efficiency within the necessary to keep them operationally * * * * * National Airspace System. current, is non-controversial and AWP CA E4 Arcata, CA [New] At Arcata Airport, Arcata, CA, Class E unlikely to result in adverse or negative surface area airspace would be comments. It, therefore: (1) Is not a Arcata Airport, CA (Lat. 40°58′40″ N., long. 124°06′31″ W.) expanded by 0.1 miles to within 4.1 ‘‘significant regulatory action’’ under miles of the airport, and the Abeta NDB Executive Order 12866; (2) is not a That airspace extending upward from the surface within 2.9 miles each side of the 153° would be removed from the description ‘‘significant rule’’ under DOT bearing from the Arcata Airport extending as it was decommissioned and no longer Regulatory Policies and Procedures (44 from the 4.1-mile radius to 10.5 miles needed; Class E airspace designated as FR 11034; February 26, 1979); and (3) southeast of the airport. an extension to a Class D or Class E does not warrant preparation of a surface area would be established Paragraph 6005 Class E Airspace Areas regulatory evaluation as the anticipated Extending Upward From 700 Feet or More within 2.9 miles each side of the 153 impact is so minimal. Since this is a Above the Surface of the Earth. degree bearing from the Arcata Airport routine matter that will only affect air * * * * * extending from the 4.1-mile radius to traffic procedures and air navigation, it 10.5 miles southeast of the airport. Class is certified that this rule, when AWP CA E5 Arcata, CA [Modified] E airspace extending upward from 700 promulgated, would not have a Arcata Airport, CA feet above the surface would be reduced significant economic impact on a (Lat. 40°58′40″ N., long. 124°06′31″ W.) to within a 7-mile radius of the airport, substantial number of small entities That airspace extending upward from 700 with a segment 4.2 miles wide (2.1 under the criteria of the Regulatory feet above the surface within a 7-mile radius miles each side of the 153 degree Flexibility Act. of the Arcata Airport, and within 2.1 miles bearing) extending from the 7-mile each side of the 153° bearing from the airport Environmental Review radius of the airport to 14.1 miles extending from the 7-mile radius to 14.1 southeast of the airport. Class E airspace This proposal will be subject to an miles southeast of the airport. upward from 1,200 feet above the environmental analysis in accordance AWP CA E5 Eureka, CA [New] surface would be removed, since this with FAA Order 1050.1F, Murray Field Airport, CA airspace is wholly contained within the ‘‘Environmental Impacts: Policies and (Lat. 40°48′12″ N., long. 124°06′46″ W.)

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That airspace extending upward from 700 www.regulations.gov. See the ‘‘Public permission from the COTP or a feet above the surface within a 6.3-mile Participation and Request for designated representative. The radius of Murray Field Airport, and within Comments’’ portion of the regulatory text we are proposing appears 6.3 miles east of the Murray Field Airport SUPPLEMENTARY INFORMATION section for at the end of this document. 217° bearing extending from the 6.3-mile further instructions on submitting radius to 23 miles southwest of the airport. IV. Regulatory Analyses comments. AWP CA E5 Fortuna, CA [Modified] We developed this proposed rule after FOR FURTHER INFORMATION CONTACT: If Rohnerville Airport, CA considering numerous statutes and ° ′ ″ ° ′ ″ you have questions about this proposed Executive orders related to rulemaking. (Lat. 40 33 14 N., long. 124 07 58 W.) rulemaking, call or email call or email That airspace extending upward from 700 Below we summarize our analyses Tracy Girard, Prevention Department, based on a number of these statutes and feet above the surface within a 2.7 mile Sector Detroit, Coast Guard; telephone radius of Rohnerville Airport, and within 1.8 Executive orders and we discuss First miles each side of the 326° bearing from the 313–568–9564, or email Amendment rights of protestors. airport extending from the 2.7 mile radius to [email protected]. 7 miles northwest of the airport, and within SUPPLEMENTARY INFORMATION: A. Regulatory Planning and Review 1.1-miles each side of the 307° bearing from I. Table of Abbreviations Executive Orders 12866 and 13563 the airport extending from the 2.7 mile radius direct agencies to assess the costs and to 5.2 miles west of the airport, and within CFR Code of Federal Regulations ° benefits of available regulatory 1.1-miles each side of the 113 bearing from DHS Department of Homeland Security alternatives and, if regulation is the airport extending from the 2.7 mile radius FR Federal Register necessary, to select regulatory to 6.1 miles southeast of the airport. NPRM Notice of proposed rulemaking § Section approaches that maximize net benefits. Issued in Seattle, Washington, on March Executive Order 13563 emphasizes the 13, 2017. U.S.C. United States Code COTP Captain of the Port importance of quantifying both costs Mindy Wright, and benefits, of reducing costs, of Acting Manager, Operations Support Group, II. Background, Purpose, and Legal harmonizing rules, and of promoting Western Service Center. Basis flexibility. Executive Order 13771 [FR Doc. 2017–05993 Filed 3–27–17; 8:45 am] On February 16, 2017, Great Lakes (‘‘Reducing Regulation and Controlling BILLING CODE 4910–13–P Firewoks, LLC., notified the Coast Regulatory Costs’’), directs agencies to Guard that it will be conducting a reduce regulation and control regulatory fireworks display from 10 to 10:30 p.m. costs and provides that ‘‘for every one DEPARTMENT OF HOMELAND on July 14, 2017. In the event of new regulation issued, at least two prior SECURITY inclement weather the fireworks display regulations be identified for elimination, will be on July 15, 2017. The fireworks and that the cost of planned regulations Coast Guard are to be launched from a barge off be prudently managed and controlled Elizabeth Park, Trenton, MI. Hazards through a budgeting process.’’ 33 CFR Part 165 from firework displays include This NPRM has not been designated [Docket Number USCG–2017–0216] accidental discharge of fireworks, a ‘‘significant regulatory action,’’ under dangerous projectiles, and falling hot Executive Order 12866. Accordingly, RIN 1625–AA08 embers or other debris. The Captain of the NPRM has not been reviewed by the the Port Detroit (COTP) has determined Office of Management and Budget. As Safety Zone; Roar on the River that potential hazards associated with this rule is not a significant regulatory Fireworks, Detroit River, Trenton the fireworks to be used in this display action, this rule is exempt from the Channel, Trenton, MI would be a safety concern for anyone requirements of Executive Order 13771. AGENCY: Coast Guard, DHS. within a 350 foot radius of the fireworks See OMB’s Memorandum titled barge. ‘‘Interim Guidance Implementing ACTION: Notice of proposed rulemaking. The purpose of this rulemaking is to Section 2 of the Executive Order of ensure the safety of vessels and the SUMMARY: The Coast Guard proposes to January 30, 2017 titled ‘Reducing establish a temporary safety zone for navigable waters within a 350-foot Regulation and Controlling Regulatory certain waters of the Detroit River. This radius of the fireworks barge, during, Costs’ ’’ (February 2, 2017). action is necessary to provide for the and after the scheduled event. The Coast This regulatory action determination safety of life on these navigable waters Guard proposes this rulemaking under is based on the size, location, duration, near Elizabeth Park, Trenton, MI, during authority in 33 U.S.C. 1231. and time-of-day of the safety zone. Vessel traffic would be able to safely a fireworks display on July 14, 2017. If III. Discussion of Proposed Rule transit around this safety zone which inclement weather, this event will take The COTP proposes to establish a place on July 15, 2017. This proposed would impact a small designated area of safety zone from 10 to 10:30 p.m. on the Detroit River less than 1 hour during rulemaking would prohibit persons and July 14, 2017. In the event of inclement vessels from being in the safety zone the evening when vessel traffic is weather, the fireworks display will be normally low. Moreover, the Coast unless authorized by the Captain of the on July 15, 2017. The safety zone would Port Detroit or a designated Guard would issue a Broadcast Notice to cover all navigable waters within 350 Mariners via VHF–FM marine channel representative. We invite your feet of the fireworks launch site on the comments on this proposed rulemaking. 16 about the zone, and the rule would Detroit River, Trenton Channel, allow vessels to seek permission to enter DATES: Comments and related material Trenton, MI. The duration of the zone the zone. must be received by the Coast Guard on is intended to ensure the safety of or before April 27, 2017. vessels and these navigable waters B. Impact on Small Entities ADDRESSES: You may submit comments before, during, and after the scheduled The Regulatory Flexibility Act of identified by docket number USCG– 10 to 10:30 p.m. fireworks display. No 1980, 5 U.S.C. 601–612, as amended, 2017–0216 using the Federal vessel or person would be permitted to requires Federal agencies to consider eRulemaking Portal at http:// enter the safety zone without obtaining the potential impact of regulations on

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small entities during rulemaking. The Coordination with Indian Tribal jeopardizing the safety or security of term ‘‘small entities’’ comprises small Governments, because it would not have people, places, or vessels. businesses, not-for-profit organizations a substantial direct effect on one or Public Participation and Request for that are independently owned and more Indian tribes, on the relationship Comments operated and are not dominant in their between the Federal Government and fields, and governmental jurisdictions Indian tribes, or on the distribution of We view public participation as with populations of less than 50,000. power and responsibilities between the essential to effective rulemaking, and The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. will consider all comments and material 605(b) that this proposed rule would not If you believe this proposed rule has received during the comment period. have a significant economic impact on implications for federalism or Indian Your comment can help shape the a substantial number of small entities. tribes, please contact the person listed outcome of this rulemaking. If you While some owners or operators of in the FOR FURTHER INFORMATION submit a comment, please include the vessels intending to transit the safety CONTACT section. docket number for this rulemaking, zone may be small entities, for the indicate the specific section of this reasons stated in section IV.A above this E. Unfunded Mandates Reform Act document to which each comment proposed rule would not have a The Unfunded Mandates Reform Act applies, and provide a reason for each significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires suggestion or recommendation. vessel owner or operator. Federal agencies to assess the effects of We encourage you to submit If you think that your business, their discretionary regulatory actions. In comments through the Federal organization, or governmental particular, the Act addresses actions eRulemaking Portal at http:// jurisdiction qualifies as a small entity that may result in the expenditure by a www.regulations.gov. If your material and that this rule would have a State, local, or tribal government, in the cannot be submitted using http:// significant economic impact on it, aggregate, or by the private sector of www.regulations.gov, contact the person please submit a comment (see $100,000,000 (adjusted for inflation) or in the FOR FURTHER INFORMATION ADDRESSES) explaining why you think it more in any one year. Though this CONTACT section of this document for qualifies and how and to what degree proposed rule would not result in such alternate instructions. this rule would economically affect it. an expenditure, we do discuss the We accept anonymous comments. All Under section 213(a) of the Small effects of this rule elsewhere in this comments received will be posted Business Regulatory Enforcement preamble. without change to http:// Fairness Act of 1996 (Pub. L. 104–121), www.regulations.gov and will include we want to assist small entities in F. Environment any personal information you have understanding this proposed rule. If the We have analyzed this proposed rule provided. For more about privacy and rule would affect your small business, under Department of Homeland the docket, you may review a Privacy organization, or governmental Security Management Directive 023–01 Act notice regarding the Federal Docket jurisdiction and you have questions and Commandant Instruction Management System in the March 24, concerning its provisions or options for M16475.lD, which guide the Coast 2005, issue of the Federal Register (70 compliance, please contact the person Guard in complying with the National FR 15086). listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42 Documents mentioned in this NPRM CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a as being available in the docket, and all not retaliate against small entities that preliminary determination that this public comments, will be in our online question or complain about this action is one of a category of actions that docket at http://www.regulations.gov proposed rule or any policy or action of do not individually or cumulatively and can be viewed by following that the Coast Guard. have a significant effect on the human Web site’s instructions. Additionally, if C. Collection of Information environment. This proposed rule you go to the online docket and sign up for email alerts, you will be notified This proposed rule would not call for involves a safety zone lasting less than when comments are posted or a final a new collection of information under 1 hour that would prohibit entry within rule is published. the Paperwork Reduction Act of 1995 350 feet of the fireworks barge. (44 U.S.C. 3501–3520). Normally such actions are categorically List of Subjects in 33 CFR Part 165 excluded from further review under D. Federalism and Indian Tribal paragraph 34(g) of Figure 2–1 of Harbors, Marine safety, Navigation Governments Commandant Instruction M16475.lD. A (water), Reporting and recordkeeping A rule has implications for federalism preliminary environmental analysis requirements, Security measures, under Executive Order 13132, checklist and Categorical Exclusion Waterways. Federalism, if it has a substantial direct Determination are available in the For the reasons discussed in the effect on the States, on the relationship docket where indicated under preamble, the Coast Guard proposes to between the national government and ADDRESSES. We seek any comments or amend 33 CFR parts 165 as follows: the States, or on the distribution of information that may lead to the power and responsibilities among the discovery of a significant environmental PART 165—REGULATED NAVIGATION various levels of government. We have impact from this proposed rule. AREAS AND LIMITED ACCESS AREAS analyzed this proposed rule under that G. Protest Activities ■ 1. The authority citation for part 165 Order and have determined that it is continues to read as follows: consistent with the fundamental The Coast Guard respects the First federalism principles and preemption Amendment rights of protesters. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; requirements described in Executive Protesters are asked to contact the 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Order 13132. person listed in the FOR FURTHER Department of Homeland Security Delegation No. 0170.1. Also, this proposed rule does not have INFORMATION CONTACT section to tribal implications under Executive coordinate protest activities so that your ■ 2. Add § 165.T09–0216 to read as Order 13175, Consultation and message can be received without follows:

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§ 165.T09–0216 Safety Zone; Roar on the ENVIRONMENTAL PROTECTION identification to enter (see River Fireworks, Detroit River, Trenton, MI. AGENCY SUPPLEMENTARY INFORMATION section for (a) Location. A safety zone is additional information on this location). 40 CFR Parts 50 and 51 established to include all U.S. navigable Comments. Submit your comments, waters of Detroit River, Trenton [EPA–HQ–OAR–2016–0596; FRL–9960–38– identified by Docket ID No. EPA–HQ– OAR–2016–0596, at: http:// Channel, Trenton, MI, within a 350-ft OAR] www.regulations.gov. Follow the online radius of fireworks barge in position RIN 2060–AT22 ° ′ ° instructions for submitting comments. 42 07.812 N., 083 10.446 W. (NAD 83). Once submitted, comments cannot be (b) Enforcement period. The regulated Response to December 9, 2013, Clean Air Act Section 176A Petition From edited or removed from Regulations.gov. area described in paragraph (a) will be Connecticut, Delaware, Maryland, The EPA may publish any comment enforced from 10 through 10:30 p.m. on Massachusetts, New Hampshire, New received to its public docket. Do not July 14, 2017. In the event of inclement York, Pennsylvania, Rhode Island and submit electronically any information weather the regulated area will be Vermont you consider to be Confidential enforced from 10 through 10:30 p.m. on Business Information (CBI) or other July 15, 2017. AGENCY: Environmental Protection information whose disclosure is Agency (EPA). (c) Regulations. restricted by statute. Multimedia ACTION: Notice of public hearing and submissions (audio, video, etc.) must be (1) No vessel or person may enter, extension of comment period. accompanied by a written comment. transit through, or anchor within the The written comment is considered the safety zone unless authorized by the SUMMARY: Due to inclement weather in official comment and should include Captain of the Port Detroit, or his on- the Washington, DC, area, the discussion of all points you wish to scene representative. Environmental Protection Agency (EPA) make. The EPA will generally not is announcing it has rescheduled the (2) The safety zone is closed to all consider comments or comment hearing date and extended the public vessel traffic, except as may be contents located outside of the primary comment period for the proposed action submission (i.e., on the Web, Cloud or permitted by the Captain of the Port titled, ‘‘Response to December 9, 2013, Detroit or his on-scene representative. other file sharing system). For Clean Air Act Section 176A Petition additional submission methods, the full (3) The ‘‘on-scene representative’’ of from Connecticut, Delaware, Maryland, EPA public comment policy, the Captain of the Port Detroit is any Massachusetts, New Hampshire, New information about CBI or multimedia Coast Guard commissioned, warrant or York, Pennsylvania, Rhode Island and submissions and general guidance on petty officer or Federal, State, or local Vermont,’’ published in the Federal making effective comments, please visit law enforcement officer designated by Register on January 19, 2017. In http://www2.epa.gov/dockets/ or assisting the Captain of the Port response to requests for a public comments.html. Detroit to act on his behalf. hearing, the EPA published a notice of Docket: All documents in the docket public hearing and extension of public (4) Vessel operators shall contact the are listed in the http:// comment period on February 15, 2017, Captain of the Port Detroit or his on- www.regulations.gov index. Although announcing that a public hearing would scene representative to obtain listed in the index, some information is be held on March 14, 2017, in not publicly available, e.g., CBI or other permission to enter or operate within Washington, DC, and the public the safety zone. The Captain of the Port information whose disclosure is comment period extended to April 13, restricted by statute. Certain other Detroit or his on-scene representative 2017. Due to inclement weather, the material, such as copyrighted material, may be contacted via VHF Channel 16 EPA has rescheduled the hearing to will be publicly available only in hard or at 313–568–9564. Vessel operators April 13, 2017. In addition, in order to copy. Publicly available docket given permission to enter or operate in allow sufficient time after the public materials are available either the regulated area must comply with all hearing for submission of comments, the electronically in http:// directions given to them by the Captain EPA is announcing the extension of the www.regulations.gov or in hard copy at of the Port Detroit or his on-scene comment period for the proposed action EPA Docket Center Reading Room, representative. to May 15, 2017. William Jefferson Clinton West Dated: March 22, 2017. DATES: Comments. Comments must be Building, 1301 Constitution Avenue Scott B. Lemasters, received on or before May 15, 2017. NW., Washington, DC 20004. The Public Public Hearing. The public hearing will Reading Room is open from 8:30 a.m. to Commander, U.S. Coast Guard, Captain of be held on April 13, 2017, in the Port Detroit. 4:30 p.m., Monday through Friday, Washington, DC. Please refer to excluding legal holidays. The phone [FR Doc. 2017–06086 Filed 3–27–17; 8:45 am] SUPPLEMENTARY INFORMATION section for number for the Public Reading Room is BILLING CODE 9110–04–P additional information on the public (202) 566–1744. hearing. FOR FURTHER INFORMATION CONTACT: If ADDRESSES: Public Hearing. The April you would like to speak at the public 13, 2017, public hearing will be held at hearing, please contact Ms. Pamela the EPA, William Jefferson Clinton East Long, U.S. Environmental Protection Building, Room 1153, 1201 Constitution Agency, Office of Air Quality Planning Avenue NW., Washington, DC 20004. and Standards (OAQPS), Air Quality Identification is required. If your Planning Division (C504–01), Research driver’s license is issued by Kentucky, Triangle Park, NC 27711, telephone Maine, Minnesota, Missouri, Montana, (919) 541–0641, fax number (919) 541– Oklahoma, Pennsylvania, South 5509, email address [email protected], Carolina or the state of Washington, you no later than April 11, 2017. If you have must present an additional form of any questions relating to the public

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hearing, please contact Ms. Long at the regarding REAL ID, go to http:// Dated: March 16, 2017. above number. www.dhs.gov/real-id-enforcement-brief. Stephen Page, If you have questions concerning the In addition, you will need to obtain a Director, Office of Air Quality Planning and January 19, 2017, proposed action, property pass for any personal Standards. please contact Ms. Gobeail McKinley, belongings you bring with you. Upon [FR Doc. 2017–06120 Filed 3–27–17; 8:45 am] U.S. Environmental Protection Agency, leaving the building, you will be BILLING CODE 6560–50–P Office of Air Quality Planning and required to return this property pass to Standards (OAQPS), Air Quality the security desk. No large signs will be Planning Division (C539–01), Research allowed in the building, cameras may DEPARTMENT OF COMMERCE Triangle Park, NC 27711, telephone only be used outside of the building, (919) 541–5246, email address and demonstrations will not be allowed National Oceanic and Atmospheric [email protected]. on federal property for security reasons. Administration SUPPLEMENTARY INFORMATION: The If you would like to present oral proposal for which the EPA is holding testimony at the hearing, please notify 50 CFR Part 648 Ms. Pamela Long, U.S. Environmental the public hearing was published in the RIN 0648–BG42 Federal Register on January 19, 2017 Protection Agency, Office of Air Quality Planning and Standards (OAQPS), Air (82 FR 6509), and is available at: http:// Magnuson-Stevens Fishery Quality Planning Division (C504–01), www.epa.gov/ozone-pollution/2008- Conservation and Management Act Research Triangle Park, NC 27711, ozone-national-ambient-air-quality- telephone (919) 541–0641, fax number Provisions; Fisheries of the standards-naaqs-section-176a-petitions (919) 541–5509, email address Northeastern United States; Mid- and also in Docket ID No. EPA–HQ– [email protected], no later than 4:00 Atlantic Unmanaged Forage Fish OAR–2016–0596. The public hearing p.m. ET on April 11, 2017. Ms. Long Omnibus Amendment will provide interested parties the will arrange a general time slot for you opportunity to present data, views, or AGENCY: National Marine Fisheries to speak. The EPA will make every arguments concerning the proposal. The Service (NMFS), National Oceanic and effort to follow the schedule as closely EPA may ask clarifying questions during Atmospheric Administration (NOAA), as possible on the day of the hearing. Commerce. the oral presentations, but will not Oral testimony will be limited to 5 ACTION: Notice of availability of a fishery respond to presentations at that time. minutes for each commenter. The EPA management plan amendment; request Written statements and supporting encourages commenters to provide the for comments. information that are submitted during EPA with a copy of their oral testimony the comment period will be considered electronically (via email) or in hard SUMMARY: NMFS announces that the with the same weight as any oral copy form. The EPA will not provide Mid-Atlantic Fishery Management comments and supporting information audiovisual equipment for presentations Council has submitted its Unmanaged presented at the public hearing. Written unless we receive special requests in Forage Omnibus Amendment to the comments must be postmarked by the advance. Commenters should notify Ms. Secretary of Commerce for review and last day of the comment period. Long if they will need specific approval. We are requesting comments The public hearing will convene at equipment. Commenters should also from the public on this amendment. 9:00 a.m. and end at 6:00 p.m. Eastern notify Ms. Long if they need specific This amendment would implement an Time (ET) or at least 2 hours after the translation services for non-English annual landing limit, possession limits, last registered speaker has spoken. The speaking commenters. and permitting and reporting EPA will make every effort to Prior to the hearing, the hearing requirements for certain previously accommodate all individuals interested schedule, including the list of speakers, unmanaged forage species and species in providing oral testimony. A lunch will be posted on the EPA’s Web site at: groups within Mid-Atlantic Federal break is scheduled from 12:00 p.m. until http://www.epa.gov/ozone-pollution/ waters. The purpose of this action is to 1:00 p.m. Please note that this hearing 2008-ozone-national-ambient-air- prevent the development of new, and will be held at a U.S. government quality-standards-naaqs-section-176a- the expansion of existing, commercial facility. Individuals planning to attend petitions. Verbatim transcripts of the fisheries on certain forage species until the hearing should be prepared to show hearing and written statements will be the Council has adequate opportunity valid picture identification to the included in the docket for the action. and information to evaluate the security staff in order to gain access to potential impacts of forage fish harvest the meeting room. The REAL ID Act, How can I get copies of this document on existing fisheries, fishing passed by Congress in 2005, established and other related information? communities, and the marine new requirements for entering federal The EPA has established a docket for ecosystem. facilities. These requirements took effect the proposed action ‘‘Response to on July 21, 2014. If your driver’s license December 9, 2013, Clean Air Act DATES: Comments must be received on is issued by Kentucky, Maine, Section 176A Petition from Connecticut, or before May 30, 2017. Minnesota, Missouri, Montana, Delaware, Maryland, Massachusetts, ADDRESSES: You may submit comments Oklahoma, Pennsylvania, South New Hampshire, New York, on this document, identified by NOAA– Carolina or the state of Washington, you Pennsylvania, Rhode Island and NMFS–2017–0013, by any of the must present an additional form of Vermont’’ under Docket ID No. EPA– following methods: identification to enter the federal HQ–OAR–2016–0596 (available at: • Electronic Submission: Submit all building where the public hearing will http://www.regulations.gov). The EPA electronic public comments via the be held. Acceptable alternative forms of has made available information related Federal e-Rulemaking Portal. Go to identification include: Federal to the proposed action on the EPA’s www.regulations.gov/ employee badges, passports, enhanced Web site at: http://www.epa.gov/ozone- #!docketDetail;D=NOAA-NMFS-2017- driver’s licenses and military pollution/2008-ozone-national-ambient- 0013, click the ‘‘Comment Now!’’ icon, identification cards. For additional air-quality-standards-naaqs-section- complete the required fields, and enter information for the status of your state 176a-petitions. or attach your comments.

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• Mail: John K. Bullard, Regional that although it already manages several Conservation and Management Act on Administrator, NMFS, Greater Atlantic forage species that are the target of March 10, 2017. Regional Fisheries Office, 55 Great directed commercial fisheries (Atlantic This amendment would prevent the Republic Drive, Gloucester, MA 01930. mackerel, longfin and Illex squid, and development of new, and the expansion Mark the outside of the envelope, butterfish), there are other unmanaged of existing, commercial fisheries on ‘‘Comments on Mid-Atlantic Forage species that serve as prey for species certain Mid-Atlantic forage species until NOA.’’ important to commercial and the Council can collect the information Instructions: Comments sent by any recreational fisheries managed within necessary to more fully evaluate the other method, to any other address or the Mid-Atlantic. However, the Council potential impacts of forage species individual, or received after the end of was concerned that insufficient harvests on existing fisheries, fishing the comment period, may not be information existed to assess the communities, and the marine considered by NMFS. All comments amount of unmanaged forage species ecosystem. To do this, the Council received are a part of the public record currently being harvested and would limit catch of certain forage and will generally be posted for public associated impacts to other marine species to recent levels and implement viewing on www.regulations.gov resources. Due to the importance of administrative measures necessary to without change. All personal identifying forage species to the marine ecosystem more accurately record the catch of information (e.g., name, address, etc.), and the health of important commercial these species within Mid-Atlantic confidential business information, or and recreational fisheries, the Council Federal waters. Specifically, this action otherwise sensitive information proposes the following measures: sought to prevent the further expansion • submitted voluntarily by the sender will of commercial fishing effort on forage Designate 15 species and species be publicly accessible. NMFS will species. Therefore, the Council wanted groups as ecosystem component species accept anonymous comments (enter ‘‘N/ to maintain existing commercial of FMPs under the Council’s A’’ in the required fields if you wish to jurisdiction; fisheries at recent levels until it could • remain anonymous). collect more detailed information to Specify a 1,700-lb (771-kg) The Council prepared an evaluate the potential impacts of forage combined possession limit for environmental assessment (EA) for the fish harvest on existing fisheries, fishing ecosystem component species within Unmanaged Forage Omnibus communities, and the marine Mid-Atlantic Federal waters; • Set an annual catch limit of 2.86 Amendment that describes the proposed ecosystem. On December 8, 2014, the million lb (1,297 mt) for Atlantic chub action and other alternatives considered Council initiated an action to begin and provides a thorough analysis of the mackerel (Scomber colias); protecting previously unmanaged forage • Specify a 40,000-lb (18,144-kg) impacts of the proposed measures and species in each fishery management alternatives considered. Copies of the chub mackerel possession limit within plan (FMP) under its jurisdiction. The Mid-Atlantic Federal waters (i.e., from Unmanaged Forage Omnibus purpose of this action is to prevent the Amendment, including the EA, the New York through Cape Hatteras, NC, development of new, and the expansion an area referred to as the ‘‘Mid-Atlantic Regulatory Impact Review, and the of existing, commercial fisheries on Regulatory Flexibility Act analysis, are Forage Species Management Unit’’) once certain forage species. Scoping meetings the chub mackerel annual landing limit available from: Christopher Moore, were held from Rhode Island through Executive Director, Mid-Atlantic is reached; North Carolina in September and • Require that all vessels possessing Fishery Management Council, Suite 201, October 2015. These meetings sought 800 State Street, Dover, DE 19901. The ecosystem component species and chub public input on the type of action to mackerel in Mid-Atlantic Forage EA and associated analysis is accessible undertake, which forage species to via the Internet at http:// Species Management Unit be issued a address, the geographic scope of the Federal commercial fishing vessel www.greateratlantic.fisheries.noaa.gov/ action, data needs, possible measures to or http://www.mafmc.org. permit from the Greater Atlantic prevent the expansion of commercial Regional Fisheries Office and comply FOR FURTHER INFORMATION CONTACT: fisheries on forage species, and with existing reporting requirements; Douglas Christel, Fishery Policy processes to evaluate the development • Allow vessels that catch ecosystem Analyst, 978–281–9141; fax 978–281– of commercial fisheries in the future. component species and chub mackerel 9135. After further developing proposed outside of the Mid-Atlantic Forage SUPPLEMENTARY INFORMATION: measures, the Council conducted public Species Management Unit to transit hearings in May and June 2016 to solicit Background through the area to land these species at additional input on the range of other ports; Mid-Atlantic Council stakeholders alternatives under consideration by the • Develop appropriate codes to record identified managing forage species as a Council, with public comments the catch of these species in vessel trip key concern for future action during a accepted through June 17, 2016. At its reports and dealer reports; 2011 strategic planning and visioning August 2016 meeting, the Council • Establish a Council policy requiring process. Forage species are generally adopted final measures under the an exempted fishery permit and considered small, mostly pelagic Unmanaged Forage Omnibus sufficient Council review before further schooling species that serve as prey for Amendment. On November 23, 2016, development of any fishery for larger species. In 2014, the Council’s the Council submitted the amendment ecosystem component species; and Scientific and Statistical Committee and draft EA to NMFS for preliminary • Expand framework provisions in (SSC) developed a white paper on forage review. The Council submitted the final the all of the Council’s FMPs to allow species. The paper indicated that forage forage amendment on March 20, 2017. future changes to annual landing limits species facilitate the transfer of energy The Council reviewed the proposed and possession limits for Mid-Atlantic from the lowest levels of the food chain regulations to implement these forage species. to higher levels, highlighting the measures, as drafted by NMFS, and As proposed, the proposed chub importance of forage species in deemed them to be necessary and mackerel measures are temporary, and maintaining the productivity of marine appropriate, as specified in section would expire in 3 years. This would ecosystems. The Council recognized 303(c) of the Magnuson-Stevens Fishery allow the Council to develop long-term

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measures and the scientific information comment period specified in the DATES disapproval decision. Comments necessary to formally integrate this chub section of this notice of availability received after the end of the comment mackerel as a stock in the fishery under (NOA). Following NMFS’s review of the period for the NOA will not be the Atlantic Mackerel, Squid, and amendment under the Magnuson- considered in the approval/disapproval Butterfish FMP. The Council initiated a Stevens Act procedures, a rule decision of this action. separate action to develop these long- proposing to implement measures Authority: 16 U.S.C. 1801 et seq. term measures at its February 2017 outlined in this amendment may be meeting for implementation by 2020, if published in the Federal Register for Dated: March 23, 2017. approved. public comment. All comments received Karen H. Abrams, Public comments are being solicited by the end of the comment period on Acting Deputy Director, Office of Sustainable on the Unmanaged Forage Omnibus the NOA, whether specifically directed Fisheries, National Marine Fisheries Service. Amendment and its incorporated to the NOA or the proposed rule, will [FR Doc. 2017–06114 Filed 3–27–17; 8:45 am] documents through the end of the be considered in the approval/ BILLING CODE 3510–22–P

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Notices Federal Register Vol. 82, No. 58

Tuesday, March 28, 2017

This section of the FEDERAL REGISTER potential persons who are to respond to ages of trees removed and contains documents other than rules or the collection of information that such documentation verifying that the proposed rules that are applicable to the persons are not required to respond to destruction of the trees have been public. Notices of hearings and investigations, the collection of information unless it completed and the date of that committee meetings, agency decisions and displays a currently valid OMB control completion. For claims made by owners rulings, delegations of authority, filing of petitions and applications and agency number. of fruit tree nurseries, the completed application must be accompanied by a statements of organization and functions are Animal and Plant Health Inspection copy of the EAN prohibiting the same or examples of documents appearing in this Service section. movement of the nursery stock, the Title: Plum Pox Compensation. notification’s accompanying inventory OMB Control Number: 0579–0159. describing the total number of trees DEPARTMENT OF AGRICULTURE Summary of Collection: Under the covered by the EAN, their age and Plant Protection Act (7 U.S.C. 7701 variety, and documentation indicating Submission for OMB Review; et seq.), the Secretary of Agriculture is the final disposition of the nursery Comment Request authorized to prohibit or restrict the stock. Without the information APHIS importation, entry, or movement of would be unable to compensate eligible March 23, 2017. plants and plant pests to prevent the grove and nursery owners for their The Department of Agriculture has introduction of plant pests into the losses. submitted the following information United States or their dissemination Description of Respondents: Farms; collection requirement(s) to OMB for within the United States. The Business or other for-profit. review and clearance under the regulations in 7 CFR 301.74–5 permit Number of Respondents: 2. Paperwork Reduction Act of 1995, owners of commercial stone fruit Frequency of Responses: Reporting: Public Law 104–13. Comments are orchards and owners of fruit tree On occasion. requested regarding (1) whether the nurseries to receive compensation under Total Burden Hours: 5. collection of information is necessary certain circumstances. Owners of for the proper performance of the commercial stone fruit orchards may Ruth Brown, functions of the agency, including receive compensation for losses Departmental Information Collection Clearance Officer. whether the information will have associated with trees destroyed to practical utility; (2) the accuracy of the control plum pox pursuant to an [FR Doc. 2017–06077 Filed 3–27–17; 8:45 am] agency’s estimate of burden including emergency action notification (EAN) BILLING CODE 3410–34–P the validity of the methodology and issued by the Animal & Plant Health assumptions used; (3) ways to enhance Inspection Service (APHIS). Owners of DEPARTMENT OF AGRICULTURE the quality, utility and clarity of the fruit tree nurseries may receive information to be collected; and (4) compensation for net revenue losses Submission for OMB Review; ways to minimize the burden of the associated with movement or sale of Comment Request collection of information on those who nursery stock prohibited under an EAN are to respond, including through the issued by APHIS with respect to March 23, 2017. use of appropriate automated, regulated articles within the nursery in The Department of Agriculture has electronic, mechanical, or other order to control plum pox. Plum Pox is submitted the following information technological collection techniques or an extremely serious viral disease of collection requirement(s) to OMB for other forms of information technology. plants that can affect many stone fruit review and clearance under the Comments regarding this information species, including plum, peach, apricot, Paperwork Reduction Act of 1995, collection received by April 27, 2017 almond, and nectarine. APHIS will Public Law 104–13. Comments are will be considered. Written comments collect information using form PPQ 651 requested regarding (1) whether the should be addressed to: Desk Officer for Application for Plum Pox collection of information is necessary Agriculture, Office of Information and Compensation, PPQ 523 Emergency for the proper performance of the Regulatory Affairs, Office of Action Notification, Orchard Owner functions of the agency, including Management and Budget (OMB), New Records, Destruction Verification whether the information will have Executive Office Building, 725 17th Document, and State Compensation. practical utility; (2) the accuracy of the Street NW., Washington, DC 20502. Need and Use of the Information: agency’s estimate of burden including Commenters are encouraged to submit APHIS will collect the owner’s name the validity of the methodology and their comments to OMB via email to: and address, a description of the assumptions used; (3) ways to enhance [email protected] or owner’s property, and a certification the quality, utility and clarity of the fax (202) 395–5806 and to Departmental statement that the trees removed from information to be collected; and (4) Clearance Office, USDA, OCIO, Mail the owner’s property were stone fruit ways to minimize the burden of the Stop 7602, Washington, DC 20250– trees from commercial fruit orchards or collection of information on those who 7602. Copies of the submission(s) may fruit tree nurseries. For claims made by are to respond, including through the be obtained by calling (202) 720–8958. owners of stone fruit orchards, the use of appropriate automated, An agency may not conduct or completed application must be electronic, mechanical, or other sponsor a collection of information accompanied by a copy of the EAN technological collection techniques or unless the collection of information ordering the destruction of their trees, other forms of information technology. displays a currently valid OMB control the notification’s accompanying Comments regarding this information number and the agency informs inventory describing the acreage and collection received by April 27, 2017

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will be considered. Written comments brands, electronic means of Application for Approval or Report of should be addressed to: Desk Officer for identification, or other characteristics Inspection Establishment Handling Agriculture, Office of Information and that can be use to accurately identify the Restricted Animal Byproducts or Regulatory Affairs, Office of horse; (4) the number of the USDA Controlled Materials (VS Form 16–25); Management and Budget (OMB), New backtags that has been applied to the USDA–APHIS–VS Agreement for Executive Office Building, 725—17th horse; (5) a statement of the animal’s Handling Restricted Imports of Animal Street NW., Washington, DC 20502. fitness to travel, which must indicate By-Products and Controlled Materials Commenters are encouraged to submit that the horse is able to bear weight on (VS Form 16–26); USDA–APHIS–VS their comments to OMB via email to: all four limbs, is able to walk Report of Entry, Shipment of Restricted [email protected] or unassisted, is not blind in both eyes, is Imported Animal Products and Animal fax (202) 395–5806 and to Departmental older than 6 months of age, and is not By-Products, and Other Material (VS Clearance Office, USDA, OCIO, Mail likely to give birth during the trip; (6) Form 16–78); USDA–APHIS–VS Stop 7602, Washington, DC 20250– a description of anything unusual with Application for Import or in Transit 7602. Copies of the submission(s) may regard to the physical condition of the Permit (Animals, Animal Semen, be obtained by calling (202) 720–8958. horse, such as a wound or blindness in Animal Embryos, Birds, Poultry, and An agency may not conduct or one eye, and any special handling Hatching Eggs) (VS Form 17–129); sponsor a collection of information needs; (7) the date, time, and place the USDA–APHIS Agreement of Pet Bird unless the collection of information horse was loaded on the conveyance; Owner (VS Form 17–8); application of displays a currently valid OMB control and (8) a statement that the horse was seals and agreements; notarized number and the agency informs provided access to food, water, and rest declaration or affirmation; notification potential persons who are to respond to prior to transport. This information is of signs of disease in a recently the collection of information that such helpful in those instances in which imported bird; cooperative service persons are not required to respond to APHIS must conduct a trace back agreements, and recordkeeping by the collection of information unless it investigation of any possibly salleged processing establishments. APHIS will displays a currently valid OMB control violation of the regulations. collect information to ensure that U.S. number. Description of Respondents: Business birds and poultry undergo appropriate Animal Plant and Health Inspection or other for-profit and Federal examinations before entering the United Service Government. States. Without the information, it Number of Respondents: 302. would be impossible for APHIS to Title: Commercial Transportation of Frequency of Responses: establish an effective line of defense Equines to Slaughter. Recordkeeping; Reporting: On occasion. against an introduction of HPAI and OMB Control Number: 0579–0160. Total Burden Hours: 3308. Summary of Collection: Sections 901– Newcastle Disease. Description of Respondents: 905 of the Federal Agriculture Animal and Plant Health Inspection Individuals or households; Business or Improvement and Reform Act of 1996 (7 Service other for-profit; Not-for-profit U.S.C. 1901), authorizes the Secretary of Title: Highly Pathogenic Avian institutions; Federal Government. Agriculture to issue guidelines for Influenza, All Subtypes, and Newcastle Number of Respondents: 970. regulating the commercial Disease; Additional Restrictions. Frequency of Responses: Reporting transportation of horses to slaughter by OMB Control Number: 0579–0245. and Recordkeeping: On occasion. person regularly engaged in that activity Summary of Collection: The Animal Total Burden Hours: 2,046. within the United States. To fulfill this Health Protection Act (AHPA), 7 U.S.C. responsibility, the Animal and Plant 8301, is the primary Federal law Animal Plant and Health Inspection Health Inspection Service (APHIS) governing the protection of animal Service established regulations in title 9, part 88 health. The law gives the Secretary of Title: Importation of Emerald Ash of the Code of Federal Regulations. The Agriculture broad authority to detect, Borer Host Material from Canada. minimum standards cover among other control, or eradicate pests or diseases of OMB Control Number: 0579–0319. things the food, water, and rest provided livestock or poultry. The agency charged Summary of Collection: The United to these horses while they are in transit; with carrying out this disease States Department of Agriculture, and to review other related issues that prevention mission is the Animal and Animal and Plant Health Inspection may be appropriate to ensuring that Plant Health Inspection Service Service (APHIS), is responsible for these animals are treated humanely. (APHIS), through its Veterinary Services preventing plant diseases or insect pests Implementing these regulations entails (VS) Program. Highly pathogenic avian from entering the United States, the use of information collection influenza (HPAI) and Newcastle Disease preventing the spread of pests and activities such as providing business are extremely infectious and often fatal noxious weeds not widely distributed in information, completing an owner/ disease affecting all types of birds and the United States, and eradicating those shipper certificate and continuation poultry. imported pests when eradication is sheet, and maintaining records of the Need and Use of the Information: To feasible. Under the Plant Protection Act owner/shipper certificate and protect the United States against an (7 U.S.C. 7701—et. seq), the Secretary of continuation sheet. incursion of HPAI and Newcastle Agriculture is authorized to prohibit or Need and Use of the Information: Disease, APHIS requires the use of restrict the importation, entry, or APHIS will collect the following several information collection activities, movement of plants and plant pests to information: (1) Shippers name and including an USDA–APHIS–VS prevent the introduction of plant pests address and the owner’s name and Application For Permit To Import or into the United States or their address; (2) description of the Transport Controlled Materials or dissemination within the United States. transporting vehicle, including the Organisms or Vectors (VS Form 16–3); The regulations in 7 CFR part 319, license plate number; (3) a description a United States Veterinary Permit for ‘‘Foreign Quarantine Notices,’’ prohibit of the horse’s physical characteristics, Importation and Transportation of or restrict the importation of certain including its sex, coloring, Controlled Materials and Organisms and plants and plant products to prevent the distinguishing marks, permanent Vectors (VS Form 16–6A); an introduction or dissemination of plant

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pests and noxious weeds into the 395–5806 and to Departmental DEPARTMENT OF AGRICULTURE United States. The Foreign Quarantine Clearance Office, USDA, OCIO, Mail Notices regulations prohibit or restrict Stop 7602, Washington, DC 20250– Animal and Plant Health Inspection the importation of certain articles from 7602. Copies of the submission(s) may Service Canada that present the risk of being be obtained by calling (202) 720–8958. [Docket No. APHIS–2017–0010] infested with Emerald Ash Borer (EAB). An agency may not conduct or EAB is a destructive wood-boring insect sponsor a collection of information Notice of Request for Revision to and that attacks ash trees (Fraxinus spp., unless the collection of information Extension of Approval of an including green ash, white ash, and displays a currently valid OMB control Information Collection; Importation of several horticultural varieties of ash). number and the agency informs Beef and Ovine Meat From Uruguay Need and Use of the Information: potential persons who are to respond to and Beef From Argentina and Brazil APHIS will collect information using the collection of information that such phytosanitary certificate, permit AGENCY: Animal and Plant Health persons are not required to respond to application, and certificates of Inspection Service, USDA. the collection of information unless it inspection. If APHIS did not collect this ACTION: Revision to and extension of displays a currently valid OMB control information, EAB could damage ash approval of an information collection; number. trees and cause economic losses to comment request. nursery stock and the nursery industry. Food and Nutrition Service Description of Respondents: Business SUMMARY: In accordance with the or other-for-profit; Federal Government. Title: Supplemental Nutrition Paperwork Reduction Act of 1995, this Number of Respondents: 5. Assistance Program: State Issuance and notice announces the Animal and Plant Frequency of Responses: Reporting: Participation Estimates—Forms FNS– Health Inspection Service’s intention to On occasion. 388 and FNS–388A only Recordkeeping request a revision to and extension of Total Burden Hours: 42. Burden Estimates. approval of an information collection associated with regulations for the Ruth Brown, OMB Control Number: 0584–0081. importation of beef and ovine meat from Departmental Information Collection Summary of Collection: Section 18(b) Clearance Officer. Uruguay and beef from Argentina and of Food and Nutrition Act, (the Act) 7 Brazil. [FR Doc. 2017–06076 Filed 3–27–17; 8:45 am] U.S.C. 2027(b), limits the value of BILLING CODE 3410–34–P allotments paid to SNAP households to DATES: We will consider all comments an amount not in excess of the that we receive on or before May 30, appropriation for the fiscal year. Timely 2017. DEPARTMENT OF AGRICULTURE State monthly issuance estimates are ADDRESSES: You may submit comments necessary for the Food and Nutrition Submission for OMB Review; by either of the following methods: Service (FNS) to ensure that it remains • Federal eRulemaking Portal: Go to Comment Request within the appropriation and will have http://www.regulations.gov/ March 22, 2017. a direct effect upon the manner in #!docketDetail;D=APHIS-2017-0010. The Department of Agriculture has which allotments would be reduced if • Postal Mail/Commercial Delivery: submitted the following information necessary. Send your comment to Docket No. collection requirement(s) to OMB for Need and Use of the Information: FNS APHIS–2017–0010, Regulatory Analysis review and clearance under the uses the FNS–388 to obtain monthly and Development, PPD, APHIS, Station Paperwork Reduction Act of 1995, estimated or actual issuance and 3A–03.8, 4700 River Road, Unit 118, Public Law 104–13. Comments are participation data for the current and Riverdale, MD 20737–1238. requested regarding (1) whether the previous months. In addition, State Supporting documents and any collection of information is necessary agencies are required to collect and comments we receive on this docket for the proper performance of the maintain reports submitted in a project may be viewed at http:// functions of the agency, including area breakdown on the FNS–388, of www.regulations.gov/ whether the information will have issuance and participation data twice a #!docketDetail;D=APHIS-2017-0010 or practical utility; (2) the accuracy of the year. The project area breakdown in our reading room, which is located in agency’s estimate of burden including attached to the FNS–388, twice a year is room 1141 of the USDA South Building, the validity of the methodology and known as the FNS–388A. The data is 14th Street and Independence Avenue assumptions used; (3) ways to enhance collected and maintained because it is SW., Washington, DC. Normal reading the quality, utility and clarity of the useful in identifying project areas that room hours are 8 a.m. to 4:30 p.m., information to be collected; and (4) operate fraud detection units in Monday through Friday, except ways to minimize the burden of the accordance with the Act. holidays. To be sure someone is there to collection of information on those who help you, please call (202) 799–7039 Description of Respondents: State, before coming. are to respond, including through the Local, or Tribal Government. use of appropriate automated, FOR FURTHER INFORMATION CONTACT: For electronic, mechanical, or other Number of Respondents: 53. information on the regulations for the technological collection techniques or Frequency of Responses: importation of beef and ovine meat from other forms of information technology. Recordkeeping only; Monthly; Semi- Uruguay and beef from Argentina and Comments regarding this information annually. Brazil, contact Dr. Lynette Williams, collection received by April 27, 2017 Total Burden Hours: 17. Senior Staff Veterinarian, Animal will be considered. Written comments Products, NIES, VS, APHIS, 4700 River should be addressed to: Desk Officer for Ruth Brown, Road, Unit 40, Riverdale, MD 20737– Agriculture, Office of Information and Departmental Information Collection 1236; (301) 851–3300. For copies of Regulatory Affairs, Office of Clearance Officer. more detailed information on the Management and Budget (OMB), OIRA_ [FR Doc. 2017–06022 Filed 3–27–17; 8:45 am] information collection, contact Ms. [email protected] or fax (202) BILLING CODE 3410–30–P Kimberly Hardy, APHIS’ Information

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Collection Coordinator, at (301) 851– Brazil), and 0579–0428 (Importation of Done in Washington, DC, this 23rd day of 2483. Beef From a Region in Argentina). After March 2017. Jere L. Dick, SUPPLEMENTARY INFORMATION: OMB approves this combined Title: Importation of Beef and Ovine information collection package (0579– Acting Administrator, Animal and Plant Meat From Uruguay and Beef From 0372), APHIS will retire OMB control Health Inspection Service. Argentina and Brazil. numbers 0579–0414 and 0579–0428. [FR Doc. 2017–06218 Filed 3–27–17; 8:45 am] OMB Control Number: 0579–0372. Lastly, as a result of the merging of these BILLING CODE 3410–34–P Type of Request: Revision to and information collection activities, APHIS extension of approval of an information has revised the name of this information collection. collection from ‘‘Importation of Ovine DEPARTMENT OF AGRICULTURE Abstract: The Animal Health Meat From Uruguay’’ to ‘‘Importation of Beef and Ovine Meat From Uruguay and Animal and Plant Health Inspection Protection Act (7 U.S.C. 8301 et seq.), Service authorizes the Secretary of Agriculture Beef From Argentina and Brazil.’’ to, among other things, prohibit or We are asking the OMB to approve [Docket No. APHIS–2017–0019] restrict the importation and interstate our use of these information collection movement of animals and animal activities, as described, for an additional Notice of Request for Revision to and products into the United States to 3 years. Extension of Approval of an prevent the introduction of animal The purpose of this notice is to solicit Information Collection; Importation of diseases and pests. The regulations for comments from the public (as well as Clementines, Mandarins, and the importation of animals and animal affected agencies) concerning our Tangerines From Chile products are contained in 9 CFR parts information collection. These comments AGENCY: Animal and Plant Health 92 through 98. will help us: Inspection Service, USDA. The regulations in part 94 provide the (1) Evaluate whether the collection of ACTION: Revision to and extension of requirements for the importation of information is necessary for the proper approval of an information collection; specified animals and animal products performance of the functions of the comment request. to prevent the introduction into the Agency, including whether the United States of various animal information will have practical utility; SUMMARY: In accordance with the diseases, including rinderpest and foot- (2) Evaluate the accuracy of our Paperwork Reduction Act of 1995, this and-mouth disease (FMD). Among other estimate of the burden of the collection notice announces the Animal and Plant things, the regulations in § 94.1 place of information, including the validity of Health Inspection Service’s intention to certain restrictions on beef and ovine the methodology and assumptions used; request a revision to and extension of meat exported to the United States in (3) Enhance the quality, utility, and approval of an information collection accordance with § 94.29, when the beef associated with the regulations for the or ovine meat enters a port or otherwise clarity of the information to be collected; and importation of clementines, mandarins, transits a region where rinderpest or and tangerines from Chile into the FMD exists during shipment to the (4) Minimize the burden of the United States. United States. An authorized official of collection of information on those who DATES: We will consider all comments the exporting region must provide the are to respond, through use, as appropriate, of automated, electronic, that we receive on or before May 30, Animal and Plant Health Inspection 2017. Service (APHIS) with certification that mechanical, and other collection specific conditions for importation technologies; e.g., permitting electronic ADDRESSES: You may submit comments listed in § 94.1 have been met. submission of responses. by either of the following methods: Section 94.29 places certain Estimate of burden: The public • Federal eRulemaking Portal: Go to restrictions on the importation of beef reporting burden for this collection of http://www.regulations.gov/ and ovine meat from Uruguay and fresh information is estimated to average 0.99 #!docketDetail;D=APHIS-2017-0019. (chilled or frozen) beef from certain hours per response. • Postal Mail/Commercial Delivery: regions in Argentina and Brazil into the Respondents: Authorized veterinary Send your comment to Docket No. United States to prevent the officials employed by the Governments APHIS–2017–0019, Regulatory Analysis introduction of FMD. These conditions of Argentina, Brazil, and Uruguay and and Development, PPD, APHIS, Station involve information collection managers of foreign facilities that 3A–03.8, 4700 River Road, Unit 118, activities, such as the requirement that process meat and meat products. Riverdale, MD 20737–1238. Supporting documents and any APHIS collect, for each shipment, Estimated annual number of comments we receive on this docket certification from an authorized respondents: 8. veterinary official of the country of may be viewed at http:// Estimated annual number of export that the conditions in § 94.29 www.regulations.gov/ responses per respondent: 1,861. have been met. For some of these #!docketDetail;D=APHIS-2017-0019 or conditions to be met, the facility in Estimated annual number of in our reading room, which is located in which the bovines and sheep are responses: 14,888. room 1141 of the USDA South Building, slaughtered must allow periodic on-site Estimated total annual burden on 14th Street and Independence Avenue evaluation and subsequent inspection of respondents: 14,755 hours. (Due to SW., Washington, DC. Normal reading its facilities. averaging, the total annual burden hours room hours are 8 a.m. to 4:30 p.m., The information collection may not equal the product of the annual Monday through Friday, except requirements above are currently number of responses multiplied by the holidays. To be sure someone is there to approved by the Office of Management reporting burden per response.) help you, please call (202) 799–7039 and Budget (OMB) under OMB control All responses to this notice will be before coming. numbers 0579–0372 (Importation of summarized and included in the request FOR FURTHER INFORMATION CONTACT: For Ovine Meat From Uruguay), 0579–0414 for OMB approval. All comments will information on regulations for the (Importation of Beef From a Region in also become a matter of public record. importation of clementines, mandarins,

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and tangerines from Chile, contact Dr. (3) Enhance the quality, utility, and starfruit from Malaysia into the Robert Baca, Assistant Director, clarity of the information to be continental United States. Permitting and Compliance collected; and DATES: We will consider all comments Coordination, Compliance and (4) Minimize the burden of the that we receive on or before May 30, Environmental Coordination Branch, collection of information on those who 2017. PPQ, APHIS, 4700 River Road, Unit 150, are to respond, through use, as ADDRESSES: You may submit comments Riverdale, MD 20737; (301) 851–2292. appropriate, of automated, electronic, by either of the following methods: For copies of more detailed information mechanical, and other collection • Federal eRulemaking Portal: Go to on the information collection, contact technologies; e.g., permitting electronic http://www.regulations.gov/ Ms. Kimberly Hardy, APHIS’ submission of responses. #!docketDetail;D=APHIS-2017-0017. Information Collection Coordinator, at Estimate of burden: The public • Postal Mail/Commercial Delivery: (301) 851–2483. reporting burden for this collection of Send your comment to Docket No. SUPPLEMENTARY INFORMATION: information is estimated to average APHIS–2017–0017, Regulatory Analysis Title: Importation of Clementines, 0.3721 hours per response. and Development, PPD, APHIS, Station Respondents: Growers, shippers, and Mandarins, and Tangerines From Chile. 3A–03.8, 4700 River Road, Unit 118, the national plant production OMB Control Number: 0579–0242. Riverdale, MD 20737–1238. Type of Request: Revision to and organization of Chile. Supporting documents and any extension of approval of an information Estimated annual number of comments we receive on this docket collection. respondents: 40. Abstract: The Plant Protection Act Estimated annual number of may be viewed at http:// (PPA, 7 U.S.C. 7701 et seq.) authorizes responses per respondent: 14. www.regulations.gov/ the Secretary of Agriculture to restrict Estimated annual number of #!docketDetail;D=APHIS-2017-0017 or the importation, entry, or interstate responses: 559. in our reading room, which is located in movement of plants, plant products, and Estimated total annual burden on room 1141 of the USDA South Building, other articles to prevent the respondents: 208 hours. (Due to 14th Street and Independence Avenue introduction of plant pests into the averaging, the total annual burden hours SW., Washington, DC. Normal reading United States or their dissemination may not equal the product of the annual room hours are 8 a.m. to 4:30 p.m., within the United States. As authorized number of responses multiplied by the Monday through Friday, except by the PPA, the Animal and Plant reporting burden per response.) holidays. To be sure someone is there to Health Inspection Service regulates the All responses to this notice will be help you, please call (202) 799–7039 importation of certain fruits and summarized and included in the request before coming. vegetables in accordance with the for OMB approval. All comments will FOR FURTHER INFORMATION CONTACT: For regulations in ‘‘Subpart—Fruits and also become a matter of public record. information on the regulations for the importation of jackfruit, pineapple, and Vegetables’’ (7 CFR 319.56–1 through Done in Washington, DC, this 23rd day of 319.56–76). March 2017. starfruit from Malaysia into the continental United States, contact Dr. Under these regulations, clementines, Jere L. Dick, mandarins, and tangerines from Chile Robert Baca, Assistant Director, Acting Administrator, Animal and Plant Permitting and Compliance may be imported into the United States Health Inspection Service. Coordination, Compliance and under certain conditions, as listed in [FR Doc. 2017–06215 Filed 3–27–17; 8:45 am] § 319.56–38, to prevent the introduction Environmental Coordination Branch, BILLING CODE 3410–34–P of plant pests into the United States. PPQ, APHIS, 4700 River Road, Unit 150, The regulations include requirements Riverdale, MD 20737; (301) 851–2292. that involve information collection DEPARTMENT OF AGRICULTURE For copies of more detailed information activities, such as phytosanitary on the information collection, contact certificates, trust fund agreements, Animal and Plant Health Inspection Ms. Kimberly Hardy, APHIS’ permits, production site registration, Service Information Collection Coordinator, at phytosanitary inspection, shipping (301) 851–2483. [Docket No. APHIS–2017–0017] documentation, and treatment (cold SUPPLEMENTARY INFORMATION: treatment or fumigation) or low Notice of Request for Revision to and Title: Importation of Jackfruit, prevalence production site certification. Extension of Approval of an Pineapple, and Starfruit From Malaysia We are asking the Office of Information Collection; Importation of Into the Continental United States. OMB Control Number: 0579–0408. Management and Budget (OMB) to Jackfruit, Pineapple, and Starfruit Type of Request: Revision to and approve our use of these information From Malaysia Into the Continental extension of approval of an information collection activities, as described, for an United States additional 3 years. collection. The purpose of this notice is to solicit AGENCY: Animal and Plant Health Abstract: The Plant Protection Act comments from the public (as well as Inspection Service, USDA. (PPA, 7 U.S.C. 7701 et seq.) authorizes affected agencies) concerning our ACTION: Revision to and extension of the Secretary of Agriculture to restrict information collection. These comments approval of an information collection; the importation, entry, or interstate will help us: comment request. movement of plants, plant products, and (1) Evaluate whether the collection of other articles to prevent the information is necessary for the proper SUMMARY: In accordance with the introduction of plant pests into the performance of the functions of the Paperwork Reduction Act of 1995, this United States or their dissemination Agency, including whether the notice announces the Animal and Plant within the United States. As authorized information will have practical utility; Health Inspection Service’s intention to by the PPA, the Animal and Plant (2) Evaluate the accuracy of our request a revision to and extension of Health Inspection Service regulates the estimate of the burden of the collection approval of an information collection importation of fruits and vegetables into of information, including the validity of associated with the regulations for the the United States from certain parts of the methodology and assumptions used; importation of jackfruit, pineapple, and the world as provided in ‘‘Subpart—

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Fruits and Vegetables’’ (7 CFR 319.56– for OMB approval. All comments will help you, please call (202) 799–7039 1 through 319.56–76). also become a matter of public record. before coming. In accordance with § 319.56–65, Done in Washington, DC, this 23rd day of FOR FURTHER INFORMATION CONTACT: For jackfruit, pineapple, and starfruit from March 2017. information on the regulations for the Malaysia may be imported into the Jere L. Dick, importation of live swine, pork, and continental United States under certain Acting Administrator, Animal and Plant pork products from certain regions free conditions to prevent the introduction Health Inspection Service. of classical swine fever in Brazil, Chile, of plant pests into the United States. [FR Doc. 2017–06216 Filed 3–27–17; 8:45 am] and Mexico, contact Dr. Magde Elshafie, Those conditions include irradiation BILLING CODE 3410–34–P Senior Staff Veterinary Medical Officer, treatment, inspection, and importation TTS, National Import Export Services, in commercial consignments. An VS, APHIS, 4700 River Road, Unit 40, additional condition of entry is that the DEPARTMENT OF AGRICULTURE Riverdale, MD 20737; (301) 851–3300. fruit must be accompanied by a For copies of more detailed information phytosanitary certificate issued by the Animal and Plant Health Inspection on the information collection, contact national plant protection organization Service Ms. Kimberly Hardy, APHIS’ (NPPO) of Malaysia, and the Information Collection Coordinator, at phytosanitary certificate must include [Docket No. APHIS–2017–0012] (301) 851–2483. an additional declaration as indicated in SUPPLEMENTARY INFORMATION: the regulations. Notice of Request for Extension of Title: Importation of Live Swine, Pork, We are asking OMB to approve our Approval of an Information Collection; and Pork Products From Certain Regions use of these information collection Importation of Live Swine, Pork, and Free of Classical Swine Fever in Brazil, activities, as described, for an additional Pork Products From Certain Regions Chile, and Mexico. 3 years. Free of Classical Swine Fever in Brazil, OMB Control Number: 0579–0230. The purpose of this notice is to solicit Chile, and Mexico Type of Request: Extension of comments from the public (as well as approval of an information collection. affected agencies) concerning our AGENCY: Animal and Plant Health Inspection Service, USDA. Abstract: Under the Animal Health information collection. These comments Protection Act (7 U.S.C. 8301 et seq.), will help us: ACTION: Extension of approval of an the Animal and Plant Health Inspection (1) Evaluate whether the collection of information collection; comment Service (APHIS) of the United States information is necessary for the proper request. Department of Agriculture is authorized, performance of the functions of the SUMMARY: In accordance with the among other things, to prohibit or Agency, including whether the Paperwork Reduction Act of 1995, this restrict the importation and interstate information will have practical utility; notice announces the Animal and Plant movement of animals and animal (2) Evaluate the accuracy of our Health Inspection Service’s intention to products to prevent the introduction estimate of the burden of the collection request an extension of approval of an into and dissemination within the of information, including the validity of information collection associated with United States of livestock diseases and the methodology and assumptions used; the regulations for the importation of pests. To carry out this mission, APHIS (3) Enhance the quality, utility, and live swine, pork, and pork products regulates the importation of animals and clarity of the information to be from certain regions free of classical animal products into the United States. collected; and swine fever in Brazil, Chile, and The regulations for the importation of (4) Minimize the burden of the Mexico. animals and animal products are collection of information on those who contained in 9 CFR parts 92 through 98. are to respond, through use, as DATES: We will consider all comments Part 94 allows the importation, under appropriate, of automated, electronic, that we receive on or BEFORE May 30, certain conditions, of live swine, pork, mechanical, and other collection 2017. and pork products from certain regions technologies; e.g., permitting electronic ADDRESSES: You may submit comments that are free of classical swine fever submission of responses. by either of the following methods: (CSF) in Brazil, Chile, and Mexico to Estimate of burden: The public • Federal eRulemaking Portal: Go to prevent the introduction of CSF into the reporting burden for this collection of http://www.regulations.gov/ United States. In accordance with information is estimated to average 1 #!docketDetail;D=APHIS-2017-0012. § 94.32, APHIS recognizes certain hour per response. • Postal Mail/Commercial Delivery: regions in Brazil, Chile, and Mexico as Respondents: Importers of jackfruit, Send your comment to Docket No. free of CSF but places restrictions on the pineapple, and starfruit from Malaysia APHIS–2017–0012, Regulatory Analysis importation of live swine, pork, and and the NPPO of Malaysia. and Development, PPD, APHIS, Station pork products from these regions. These Estimated annual number of 3A–03.8, 4700 River Road, Unit 118, restrictions are placed because these respondents: 86. Riverdale, MD 20737–1238. regions either supplement their pork Estimated annual number of Supporting documents and any supplies by importing fresh (chilled or responses per respondent: 2. comments we receive on this docket frozen) pork from CSF-affected regions, Estimated annual number of may be viewed at http:// supplement their pork supplies with responses: 170. www.regulations.gov/ pork from CSF-affected regions that is Estimated total annual burden on #!docketDetail;D=APHIS–2017–0012 or not processed in accordance with the respondents: 170 hours. (Due to in our reading room, which is located in requirements in part 94, share a averaging, the total annual burden hours room 1141 of the USDA South Building, common land border with CSF-affected may not equal the product of the annual 14th Street and Independence Avenue regions, or import live swine from such number of responses multiplied by the SW., Washington, DC. Normal reading regions under conditions less restrictive reporting burden per response.) room hours are 8 a.m. to 4:30 p.m., than would be acceptable for All responses to this notice will be Monday through Friday, except importation into the United States. To summarized and included in the request holidays. To be sure someone is there to ensure that the importation of live

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swine, pork, and pork products from technologies; e.g., permitting electronic APHIS–2017–0009, Regulatory Analysis Brazil, Chile, and Mexico do not submission of responses. and Development, PPD, APHIS, Station introduce CSF into the United States, Estimate of burden: The public 3A–03.8, 4700 River Road, Unit 118, the regulations include information reporting burden for this collection of Riverdale, MD 20737–1238. collection activities, such as certificates, information is estimated to average 1.0 Supporting documents and any compliance agreements, and cooperative hour per response. comments we receive on this docket service agreements. Respondents: Federal animal health may be viewed at http:// Certificates, which are issued by officials of the Governments of Brazil, www.regulations.gov/ salaried veterinary officers of the Chile, and Mexico. #!docketDetail;D=APHIS-2017-0009 or Governments of Brazil, Chile, and Estimated annual number of in our reading room, which is located in Mexico, must accompany swine, pork, respondents: 11. room 1141 of the USDA South Building, and pork products from their respective Estimated annual number of 14th Street and Independence Avenue regions, and must certify that the live responses per respondent: 273.55. SW., Washington, DC. Normal reading Estimated annual number of swine, pork, and pork products have room hours are 8 a.m. to 4:30 p.m., responses: 3,009. Monday through Friday, except met the specified requirements in part Estimated total annual burden on 94. respondents: 3,009 hours. (Due to holidays. To be sure someone is there to A compliance agreement is required averaging, the total annual burden hours help you, please call (202) 799–7039 from the operators of the processing may not equal the product of the annual before coming. establishment and states that: All meat number of responses multiplied by the FOR FURTHER INFORMATION CONTACT: For processed for importation to the United reporting burden per response.) information on animal disease States will be processed in accordance All responses to this notice will be traceability, contact Mr. Neil with the requirements in part 94; a full- summarized and included in the request Hammerschmidt, Program Manager, time, salaried meat inspection official of for OMB approval. All comments will Animal Disease Traceability, VS, the national government of the region in also become a matter of public record. APHIS, 4700 River Road, Unit 46, which the processing facility is located Done in Washington, DC, this 23rd day of Riverdale, MD 20737–1231; (240) 463– will supervise the processing and March 2017. 0098. For copies of more detailed examination of the product and certify Jere L. Dick, information on the information that it has been processed in accordance collection, contact Ms. Kimberly Hardy, Acting Administrator, Animal and Plant with the section; and APHIS personnel Health Inspection Service. APHIS’ Information Collection or other persons authorized by the Coordinator, at (301) 851–2483. [FR Doc. 2017–06090 Filed 3–27–17; 8:45 am] Administrator may enter the SUPPLEMENTARY INFORMATION BILLING CODE 3410–34–P : establishment, unannounced, to inspect Title: Animal Disease Traceability. the establishment and its records. OMB Control Number: 0579–0327. A cooperative service agreement, DEPARTMENT OF AGRICULTURE Type of Request: Revision to and which is required by APHIS from the extension of approval of an information processing establishment, or a party on Animal and Plant Health Inspection collection. its behalf, is an agreement with APHIS Service Abstract: Under the Animal Health to pay all expenses incurred by APHIS [Docket No. APHIS–2017–0009] Protection Act (7 U.S.C. 8301 et seq.), for the initial evaluation of the the Animal and Plant Health Inspection processing establishment and Notice of Request for Revision to and Service (APHIS) of the U.S. Department periodically thereafter. Extension of Approval of an of Agriculture is authorized, among We are asking the Office of Information Collection; Animal Disease other things, to prevent the introduction Management and Budget (OMB) to Traceability into and the dissemination within the approve our use of these information United States of any pest or disease of collection activities for an additional 3 AGENCY: Animal and Plant Health livestock or poultry. years. Inspection Service, USDA. Within APHIS, Veterinary Services The purpose of this notice is to solicit ACTION: Revision to and extension of (VS) safeguards U.S. animal health comments from the public (as well as approval of an information collection; through a variety of activities, including affected agencies) concerning our comment request. disease control. One important part of information collection. These comments disease control is animal disease SUMMARY: In accordance with the will help us: traceability. Animal disease traceability Paperwork Reduction Act of 1995, this (1) Evaluate whether the collection of provides the ability to document the notice announces the Animal and Plant information is necessary for the proper movement history of an animal Health Inspection Service’s intention to performance of the functions of the throughout its life. Knowing where request a revision to and extension of Agency, including whether the diseased and at-risk animals have been approval of an information collection information will have practical utility; and are located, as well as when they associated with animal disease (2) Evaluate the accuracy of our have been there, is indispensable during traceability. estimate of the burden of the collection an emergency response and important of information, including the validity of DATES: We will consider all comments for ongoing disease programs. the methodology and assumptions used; that we receive on or before May 30, Epidemiologists use this information to (3) Enhance the quality, utility, and 2017. determine the potential spread of a clarity of the information to be ADDRESSES: You may submit comments disease. In fact, having the ability to plot collected; and by either of the following methods: locations within a radius of an infected (4) Minimize the burden of the • Federal eRulemaking Portal: Go to premises helps to determine the collection of information on those who http://www.regulations.gov/ potential magnitude of a contagious are to respond, through use, as #!docketDetail;D=APHIS-2017-0009. disease and the resources needed to appropriate, of automated, electronic, • Postal Mail/Commercial Delivery: contain it. Furthermore, as diseases are mechanical, and other collection Send your comment to Docket No. controlled or eradicated, it is important

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to document areas, States, or regions of Estimate of burden: The public • Postal Mail/Commercial Delivery: the country that are free from disease. reporting burden for this collection of Send your comment to Docket No. Traceability helps APHIS determine information is estimated to average 0.09 APHIS–2017–0013, Regulatory Analysis those disease-free zones, thus enhancing hours per response. and Development, PPD, APHIS, Station the marketability of U.S. livestock. Respondents: State, Tribal, and 3A–03.8, 4700 River Road, Unit 118, The regulations for animal disease territorial animal health officials; Riverdale, MD 20737–1238. traceability are located in 9 CFR part 86. accredited veterinarians; breed and Supporting documents and any Under the regulations, unless registry associations; producers; comments we receive on this docket specifically exempted, livestock moved livestock market operators; and harvest may be viewed at http:// interstate must be officially identified facility employees. www.regulations.gov/ and accompanied by an interstate Estimated annual number of #!docketDetail;D=APHIS-2017-0013 or certificate of veterinary inspection or respondents: 197,302. in our reading room, which is located in other documentation. The regulations Estimated annual number of room 1141 of the USDA South Building, specify approved forms of official responses per respondent: 53. 14th Street and Independence Avenue identification for each species but allow Estimated annual number of SW., Washington, DC. Normal reading livestock to be moved between any two responses: 10,513,557. room hours are 8 a.m. to 4:30 p.m., States or Tribes with another form of Estimated total annual burden on Monday through Friday, except identification as agreed upon by animal respondents: 939,085 hours. (Due to holidays. To be sure someone is there to health officials in the two jurisdictions. averaging, the total annual burden hours help you, please call (202) 799–7039 This identification requirement may not equal the product of the annual before coming. improves APHIS’ ability to trace number of responses multiplied by the FOR FURTHER INFORMATION CONTACT: For livestock if a disease is detected. reporting burden per response.) information on the swine health Development and implementation of All responses to this notice will be protection program, contact Dr. John the animal disease traceability summarized and included in the request Korslund, Staff Epidemiologist, framework continues to be a partnership for OMB approval. All comments will Surveillance, Preparedness, and involving APHIS, States, Tribes, and also become a matter of public record. Response, Veterinary Services, APHIS, industry. States and Tribes enter into Done in Washington, DC, this 22nd day of 4700 River Road, Unit 46, Riverdale, cooperative agreements with APHIS to March 2017. MD 20737; (301) 851–3468. For copies implement their traceability activities. Michael C. Gregoire, of more detailed information on the Also, within the animal disease information collection, contact Ms. traceability framework, the National Acting Administrator, Animal and Plant Health Inspection Service. Kimberly Hardy, APHIS’ Information Uniform Eartagging System (NUES) [FR Doc. 2017–06094 Filed 3–27–17; 8:45 am] Collection Coordinator, at (301) 851– gives a nationally unique identification 2483. number for animals that need official BILLING CODE 3410–34–P identification. To distribute and use SUPPLEMENTARY INFORMATION: Title: Swine Health Protection. official identification eartags using the DEPARTMENT OF AGRICULTURE NUES, APHIS requires several OMB Control Number: 0579–0065. information collection activities that we Type of Request: Revision to and Animal and Plant Health Inspection extension of approval of an information are including in this information Service collection. collection. We are asking the Office of [Docket No. APHIS–2017–0013] Abstract: Under the Animal Health Management and Budget (OMB) to Protection Act (7 U.S.C. 8301 et seq.), approve these information collection Notice of Request for Revision to and the Animal and Plant Health Inspection activities, as described, for an additional Extension of Approval of an Service (APHIS) of the U.S. Department 3 years. Information Collection; Swine Health of Agriculture is authorized, among The purpose of this notice is to solicit Protection other things, to prohibit or restrict the interstate movement of animals and comments from the public (as well as AGENCY: Animal and Plant Health animal products to prevent the affected agencies) concerning our Inspection Service, USDA. information collection. These comments dissemination within the United States ACTION: Revision to and extension of of animal diseases and pests of livestock will help us: approval of an information collection; (1) Evaluate whether the collection of and to conduct programs to detect, comment request. information is necessary for the proper control, and eradicate pests and diseases of livestock. performance of the functions of the SUMMARY: In accordance with the The Swine Health Protection Act (the Agency, including whether the Paperwork Reduction Act of 1995, this Act) prohibits the feeding of garbage to information will have practical utility; notice announces the Animal and Plant swine intended for interstate movement (2) Evaluate the accuracy of our Health Inspection Service’s intention to or foreign commerce or that estimate of the burden of the collection request a revision to and extension of substantially affect such commerce of information, including the validity of approval of an information collection unless the garbage has been treated to the methodology and assumptions used; associated with the swine health kill disease organisms. Untreated (3) Enhance the quality, utility, and protection program. clarity of the information to be garbage is one of the primary media DATES: collected; and We will consider all comments through which numerous infectious and (4) Minimize the burden of the that we receive on or before May 30, communicable diseases can be collection of information on those who 2017. transmitted to swine. APHIS’ are to respond, through use, as ADDRESSES: You may submit comments regulations promulgated under the Act, appropriate, of automated, electronic, by either of the following methods: which are located at 9 CFR part 166, mechanical, and other collection • Federal eRulemaking Portal: Go to require that garbage intended to be fed technologies; e.g., permitting electronic http://www.regulations.gov/ to swine must be treated at a facility that submission of responses. #!docketDetail;D=APHIS-2017-0013. holds a valid permit to treat the garbage

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and must be treated in accordance with Health Protection). After OMB approves DEPARTMENT OF AGRICULTURE the regulations. this combined information collection As part of its swine health protection package (0579–0065), APHIS will retire Forest Service program, APHIS conducts a OMB control number 0579–0137. Tonto National Forest; Gila County, pseudorabies (PRV) eradication program We are asking OMB to approve our in cooperation with State governments, AZ; Pinto Valley Mine Environmental use of these information collection Impact Statement swine producers, swine shippers, herd activities, as described, for an additional owners, and accredited veterinarians. 3 years. AGENCY: Forest Service, USDA. The program identifies PRV-affected The purpose of this notice is to solicit ACTION: Notice of intent to prepare an swine, provides herd management environmental impact statement for techniques, and has eliminated PRV in comments from the public (as well as affected agencies) concerning our approval of a mining plan of operations commercial production herds. However, for the Pinto Valley Mine, notice of APHIS periodically finds infected swine information collection. These comments will help us: public scoping, and request for scoping when swine are exposed to feral swine comments. or other swine that have had exposure (1) Evaluate whether the collection of to feral swine. information is necessary for the proper SUMMARY: The Tonto National Forest The regulations in 9 CFR parts 71 and performance of the functions of the (TNF) is preparing an Environmental 85 facilitate the PRV eradication Agency, including whether the Impact Statement (EIS) to evaluate and program and general swine health by information will have practical utility; disclose the potential environmental providing requirements for moving (2) Evaluate the accuracy of our effects from approval of the Mining Plan swine interstate within a swine estimate of the burden of the collection of Operations (MPO) submitted by Pinto production system. (A production of information, including the validity of Valley Mining Corp. (PVMC), for system consists of separate farms that the methodology and assumptions used; operations on National Forest System each specialize in a different phase of (3) Enhance the quality, utility, and (NFS) land associated with expansion of swine production such as sow herds, clarity of the information to be an existing open pit copper and nursery herds, and finishing herds. collected; and molybdenum mine, the Pinto Valley These separate farms, all members of the Mine. An amendment to the Tonto (4) Minimize the burden of the same production system, may be located National Forest Land and Resource collection of information on those who in more than one State.) Management Plan (Forest Plan, 1985, as are to respond, through use, as The regulations for the feeding of amended) may be required. appropriate, of automated, electronic, garbage to swine and for the PRV DATES: mechanical, and other collection Comments concerning the scope eradication program require the use of a of the analysis must be received no later number of information collection technologies; e.g., permitting electronic submission of responses. than April 27, 2017. Public scoping activities, including the creation of food meetings will be held on April 18 at waste reports; the completion of Estimate of burden: The public Superior Junior/Senior High School, 100 applications to operate garbage reporting burden for this collection of Mary Drive, Superior, Arizona and April treatment facilities and information is estimated to average 1.89 20 at Miami Junior/Senior High School, acknowledgement of the Act and hours per response. 4739 S. Ragus Rd., Miami, Arizona from regulations; garbage treatment facility Respondents: Owners/operators 5:00 to 8:00 p.m. inspection; cancellation of license by (licensees) of garbage treatment ADDRESSES: State animal health officials; request for Send written comments to facilities, herd owners, food Pinto Valley Mine EIS Comments, 2324 a hearing; cancellation of license by establishments, accredited licensee; notification by licensee of sick E McDowell Rd., Phoenix, AZ 85006. veterinarians, and State animal health Comments may also be sent via email to or dead animals; notification by licensee authorities. of changes to name, address, or [email protected], or via Estimated annual number of management; swine health protection facsimile to (602) 225–5302, ATTN: program inspection summary; permit to respondents: 27,050. Pinto Valley Mine EIS Comments. move restricted animals; owner-shipper Estimated annual number of Written and oral comments may also be statement; certificate of veterinary responses per respondent: 31.55. submitted during scoping meetings that inspection; accredited veterinarian’s Estimated annual number of will be held by the U.S. Forest Service statement; embryo and semen responses: 853,318. (Forest Service) on April 18 and 20. Additional details may be found at the shipments; identification for swine Estimated total annual burden on Pinto Valley Mine EIS Web site at moving interstate; swine production respondents: 1,614,460 hours. (Due to http://www.pintovalleymineeis.us. system health plan; interstate movement averaging, the total annual burden hours report and notification; cancellation or may not equal the product of the annual FOR FURTHER INFORMATION CONTACT: Judd withdrawal of a swine production number of responses multiplied by the Sampson, Interim Project Manager, at system health plan; appeal of reporting burden per response.) 602–225–5272 or juddsampson@ cancellation of a swine production fs.fed.us during normal business hours. All responses to this notice will be Individuals who use telecommunication system health plan; shipment to summarized and included in the request slaughter seal; appraisal and indemnity devices for the deaf (TDD) may call the for OMB approval. All comments will Federal Information Relay Service claim form; report of net salvage also become a matter of public record. proceeds; herd management plans; and (FIRS) at 1–800–877–8339 between 8 recordkeeping. Done in Washington, DC, this 23rd day of a.m. and 8 p.m., Eastern Time, Monday The information collection March 2017. through Friday. requirements above are currently Jere L. Dick, SUPPLEMENTARY INFORMATION: PVMC approved by the Office of Management Acting Administrator, Animal and Plant submitted the proposed MPO for and Budget (OMB) under OMB control Health Inspection Service. approval by the Forest Service in May numbers 0579–0137 (Swine Health [FR Doc. 2017–06217 Filed 3–27–17; 8:45 am] 2016. The proposed MPO was submitted Protection) and 0579–0065 (Swine BILLING CODE 3410–34–P in accordance with Forest Service

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regulations for locatable minerals set mining operations that occur on private Alternative, mining operations, forth at Title 36 of the Code of Federal land. However, the EIS will consider reclamation, and closure would Regulations (CFR), part 228 (36 CFR part and disclose environmental effects continue under current authorizations. 228), subpart A, Locatable Minerals. associated with the MPO. Connected The responsible official does not have The proposed action would actions related to the MPO and potential discretion to select the No Action consolidate prior permitted activities amendment of the forest plan, if alternative, because it would not be reasonably incident to extraction, required, would be analyzed in the EIS. consistent with requirements of 36 CFR transportation, and processing of copper Impacts from past, present, and 228.5. and molybdenum on NFS lands and reasonably foreseeable future actions The EIS may evaluate additional expand existing mining operations from will be considered in combination with alternatives that could include private lands on to NFS lands primarily impacts of the proposed project to application of design features and other for tailings disposal and pit expansion. estimate potential cumulative impacts. measures that address issues identified Purpose and Need for Action Existing and Proposed Mining during scoping, that would meet the purpose and need for the project, and The purpose of this project is to Operations are reasonable and practicable. These analyze the proposed action as required Pinto Valley Mine is an existing open alternatives may require changes to the by the regulations at 36 CFR 228.5(a). pit copper and molybdenum mine with proposed MPO, which are necessary to Approval of the proposed MPO would adjacent milling and processing meet Forest Service regulations for be a major federal action subject to operations, tailings disposal areas, and locatable minerals set forth at 36 CFR National Environmental Policy Act of waste rock disposal, all operated by part 228, subpart A. 1969 (NEPA). Accordingly, the Forest PVMC. The majority of Pinto Valley Service must prepare an EIS to identify Mine is located on PVMC property. Lead and Cooperating Agencies the scope of issues associated with the However, certain facilities and The Forest Service will be the lead MPO, identify and assess reasonable operations are located on TNF, and were agency preparing the EIS. Cooperating alternatives to the MPO in order to authorized by the Forest Service or the avoid or minimize adverse effects of agencies have not yet been confirmed, U.S. Department of Interior, Bureau of but may include agencies within the MPO actions and evaluate and disclose Land Management (BLM) through the potential environmental effects. An Department of the Interior, as well as Rights-of-Way, Plans of Operations, other state and Federal agencies with amendment to the Tonto National Forest Special Use Permits, and a Letter Land and Resource Management Plan regulatory and/or enforcement Agreement. The authorizations date jurisdiction over the project. (Forest Plan, 1985, as amended) may be from as early as the 1940s, and have required. been amended, updated, and re- Responsible Official The need for this project is to comply authorized over the years. The Forest Supervisor of the TNF will with the regulations of the Forest Existing surface disturbance be the responsible official who prepares Service, Department of Agriculture, that associated with the Pinto Valley Mine the Record of Decision (ROD) and govern the use of surface resources in currently encompasses an estimated approves the MPO. conjunction with mining operations on 3,845 acres, of which 3,389 acres are on NFS lands as set forth under 36 CFR private and 456 acres are on NFS lands. Nature of Decision To Be Made part 228. These regulations require that The proposed disturbance acreage TNF Forest Supervisor will consider the Forest Service respond to parties would be an additional 1,011 acres of beneficial and adverse impacts of each who submit proposed mining plans for surface disturbance (766 acres on alternative analyzed in the EIS. TNF approval to conduct mining operations private land, 245 acres on NFS lands) Forest Supervisor has discretion to on or otherwise use NFS lands in for a total estimated surface disturbance determine whether changes in the conjunction with mining for part or all of 4,856 acres (4,155 on private land, proposed MPO will be required prior to of their planned actions. In accordance 701 acres on NFS lands). with regulations at 36 CFR 228.5, the Each of the past, present, and approval. submittal of the proposed MPO by proposed future uses of NFS lands is Plan of Operations PVMC requires the Forest Service to addressed in the MPO. Existing or consider whether to approve the proposed mining use of NFS lands Using the analysis in the EIS and proposed MPO or to require changes or includes portions of the Open Pit, 19 supporting documentation, the TNF additions deemed necessary to meet the Dump, portions of three tailings storage Forest Supervisor will make the purpose of the regulations for locatable facilities, transportation on Forest Roads following decisions regarding the mineral operations at 36 CFR part 228, and temporary access roads, use of proposed MPO: subpart A. Forest Service cannot existing powerlines and water pipelines, 1. Decide whether to approve the categorically prohibit mining operations existing water supply, stormwater proposed MPO submitted by PVMC, or that are reasonably incident to mining of management facilities, and a sign. require changes in, or additions to, the locatable minerals on NFS lands in the In summary, at the end of the current proposed MPO to meet the purpose of area of the proposed action. planned life of the mine, PVMC would the regulations, including those for use approximately 701 acres of NFS environmental protection and Proposed Action lands and 42.45 miles of Forest Roads reclamation set forth at 36 CFR part 228, The proposed action is to approve the and temporary access roads to access subpart A before approving a final MPO. MPO as submitted by PVMC. Pinto mine facilities and/or as alignments for The alternative that is selected for Valley Mine expansion would affect linear utility infrastructure. approval in the final MPO must federal lands administered by TNF and minimize adverse impacts on NFS private lands owned by PVMC. The Possible Alternatives surface resources where feasible. proposed action by the Forest Service The Pinto Valley Mine EIS will 2. If Forest Service determines that would only approve mining operations analyze the No Action Alternative, any amendment(s) is (are) required to on NFS lands, since the Forest Service which would not approve of the the Forest Plan, then decide whether to does not have jurisdiction to regulate proposed MPO. For the No Action approve amendments to the Forest Plan,

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which would be necessary to approve with groundwater withdrawal and dam including references, citations, or the final MPO. safety permits (Arizona Department of additional information to be considered Water Resources); air quality Class II for this project, please provide a copy Final EIS and Record of Decision synthetic minor permit (Arizona and specify exactly how the material The Forest Supervisor plans to release Department of Environmental Quality), relates to the project. Also indicate a draft ROD in conjunction with the Arizona Pollutant Discharge Elimination exactly what part of the material you final EIS. The draft ROD would address System process and stormwater permits, would like us to consider (such as page the decision on approval of the MPO. Aquifer Protection Permit, and public or figure number). Comments received The decision would be subject to 36 water supply permit (Arizona in response to this solicitation, CFR part 218, Project-Level Pre- Department of Environmental Quality); including names and addresses of those decisional Administrative Review Mined Land Reclamation Plan (Arizona who comment, will be part of the public Process. If forest plan amendments are State Mine Inspector); letter agreement record for this proposed action. required, then the draft decision may for a commercial vehicle staging area Comments submitted anonymously will also be subject to 36 CFR part 219, (Arizona Department of Transportation); be accepted and considered; however, subpart B, Pre-decisional Administrative and other required permits. Because the anonymous comments will not provide Review Process. Pinto Valley Mine is an operating mine, the agency with the ability to provide Following resolution of objections to PVMC already holds required permits. the respondent with subsequent the draft ROD, a final ROD would be PVMC would update and amend environmental documents. issued. PVMC would have an permits for additional activities Dated: March 21, 2017. opportunity to appeal the decision as set proposed in the MPO, as required. Jeanne M. Higgins, forth at 36 CFR part 214, Postdecisional Administrative Review Process for Scoping Process Associate Deputy Chief, National Forest System. Occupancy or Use of National Forest This notice of intent initiates the System Lands and Resources. scoping process, which guides the [FR Doc. 2017–06020 Filed 3–27–17; 8:45 am] Prior to approval of the MPO, PVMC development of the Pinto Valley Mine BILLING CODE 3411–15–P may be required to modify the proposed EIS. Public comments may be submitted MPO to align it with the description of to TNF in a variety of ways, including: DEPARTMENT OF AGRICULTURE the selected alternative in the final ROD. By email, via the project Web site, by In addition, the TNF Forest Supervisor mail, and by facsimile. In addition, TNF Rural Utilities Service would require PVMC to submit a will conduct two open houses during reclamation bond or other acceptable the scoping process through which Information Collection Activity; financial assurance to ensure that NFS members of the public can learn about Comment Request lands and resources involved with the the proposed action and the NEPA mining operation are reclaimed in review process, and submit comments. AGENCY: Rural Utilities Service, USDA. accordance with the approved MPO and Comments sought by TNF include ACTION: Notice and request for Forest Service requirements for specific comments related to the comments. proposed action, appropriate environmental protection (36 CFR 228.8 SUMMARY: In accordance with the information that could be pertinent to and 228.13). After the Forest Service has Paperwork Reduction Act of 1995, the the description of baseline resource determined that the MPO conforms to United States Department of conditions and analysis of the ROD and that the reclamation bond Agriculture’s Rural Utilities Service environmental effects, identification of is acceptable, the TNF Forest Supervisor (RUS) invites comments on this significant issues, identification of would approve the MPO. information collection for which reasonably foreseeable actions that Implementation of mining operations approval from the Office of Management should be considered in the cumulative that affect NFS lands and resources may and Budget (OMB) will be requested. not commence until the MPO is analysis, and identification of potential design features and alternatives. DATES: Comments on this notice must be approved and the reclamation bond or received by May 30, 2017. other financial assurance is in place. Written comments may be sent to: Pinto Valley Mine EIS Comments, 2324 FOR FURTHER INFORMATION CONTACT: Preliminary Issues E McDowell Rd., Phoenix, AZ 85006. Thomas P. Dickson, Acting Director, Issues to be analyzed in the EIS will Comments may also be sent by email to: Program Development and Regulatory be developed during the scoping [email protected], or Analysis, Rural Utilities Service, 1400 process. Preliminary issues expected to sent by facsimile to (602) 225–5302. Independence Avenue SW., STOP 1522, be analyzed include potential impacts It is important that reviewers provide Room 5164 South Building, to: Groundwater and surface water comments at such times and in such Washington, DC 20250–1522. quantity and quality; riparian and manner that they are useful to the Telephone: (202) 690–4492. Email: aquatic areas and springs; biological agency’s preparation of the [email protected]. resources, including threatened and environmental impact statement. SUPPLEMENTARY INFORMATION: The Office endangered species and Forest Service Therefore, comments should be of Management and Budget’s (OMB) sensitive species; historical and cultural provided prior to the close of the regulation (5 CFR part 1320) resources; air quality; socioeconomics; comment period and should clearly implementing provisions of the transportation and traffic; noise; visual articulate the reviewer’s concerns and Paperwork Reduction Act of 1995 (Pub. resources; and recreation. This list is contentions and specific L. 104–13) requires that interested subject to change based on comments recommendations wherever possible. members of the public and affected received from the public and resource When submitting comments, please agencies have an opportunity to agencies. keep them specific to this proposal only. comment on information collection and Comments which are not specific to the recordkeeping activities (see 5 CFR Permits or Licenses Required project and project area will be deemed 1320.8(d)). This notice identifies an The following is a list of permits for outside the scope of the analysis and information collection that RUS is Pinto Valley Mine: Permits associated will not be considered. If you are submitting to OMB for approval.

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Comments are invited on: (a) Whether summarized and included in the request Respondents: Business or other for- the proposed collection of information for OMB approval. All comments will profit and non-profit institutions. is necessary for the proper performance also become a matter of public record. Estimated Number of Respondents: of the functions of the agency, including Dated: March 16, 2017. 513. Estimated Number of Responses per whether the information will have Christopher McLean, practical utility; (b) The accuracy of the Respondent: 9. Acting Administrator, Rural Utilities Service. agency’s estimate of the burden of the Estimate Total Annual Burden on proposed collection of information [FR Doc. 2017–06026 Filed 3–27–17; 8:45 am] Respondents: 8,434 hours. including the validity of the BILLING CODE P Copies of this information collection methodology and assumptions used; (c) can be requested from MaryPat Daskal, Ways to enhance the quality, utility and Program Development and Regulatory DEPARTMENT OF AGRICULTURE clarity of the information to be Analysis, Rural Utilities Service by collected; and (d) Ways to minimize the Rural Utilities Service telephone at (202) 720–7853 or email: burden of the collection of information [email protected]. on those who are to respond, including Information Collection Activity; Comments are invited on (a) Whether through the use of appropriate Comment Request the collection of information is automated, electronic, mechanical, or necessary for the proper performance of other technological collection AGENCY: Rural Utilities Service, USDA. the functions of the agency, including techniques or other forms of information ACTION: Notice and request for whether the information will have technology. Comments may be sent to: comments. practical utility; (b) The accuracy of the Thomas P. Dickson, Acting Director, agency’s estimate of burden including SUMMARY: Program Development and Regulatory In accordance with the the validity of the methodology and Analysis, Rural Utilities Service, U.S. Paperwork Reduction Act of 1995, the assumption used; (c) Ways to enhance Department of Agriculture, STOP 1522, Rural Utilities Service, invites the quality, utility and clarity of the 1400 Independence Avenue SW., comments on this information information to be collected; and (d) Washington, DC 20250–1522. Email: collection for which the Agency intends Ways to minimize the burden of the [email protected]. to request approval from the Office of collection of information on those who Title: Technical Assistance Programs. Management and Budget (OMB). are to respond, including through the OMB Control Number: 0572–0112. DATES: Comments on this notice must be use of appropriate automated, Type of Request: Extension of a received by May 30, 2017. electronic, mechanical, or other currently approved collection. FOR FURTHER INFORMATION CONTACT: technological collection techniques on Abstract: The Rural Utilities Service Thomas P. Dickson, Deputy Director, other forms of information technology. is authorized by section 306 of the Program Development & Regulatory All responses to this notice will be Consolidated Farm and Rural Analysis, Rural Utilities Service, USDA, summarized and included in the request Development Act (7 U.S.C. 1926) to 1400 Independence Ave. SW., STOP for OMB approval. All comments will make loans to public agencies, 1522, Room 5164 South Building, also become a matter of public record. American Indian tribes, and nonprofit Washington, DC 20250–1522. corporations to fund the development of Dated: March 22, 2017. Telephone: (202) 690–4492. (202) FAX: Christopher A. McLean, drinking water, wastewater, and solid (202) 720–8435. Thomas.Dickson@ Acting Administrator, Rural Utilities Service. waste disposal facilities in rural areas wdc.usda.gov. with populations of up to 10,000 [FR Doc. 2017–06024 Filed 3–27–17; 8:45 am] SUPPLEMENTARY INFORMATION: residents. Under the CONACT, 7 U.S.C. BILLING CODE P 1925(a), as amended, section Title: 7 CFR 1753, 306(a)(14)(A) authorizes Technical Telecommunications System Assistance and Training grants, and 7 Construction Policies and Procedures. COMMISSION ON CIVIL RIGHTS U.S.C. 1932(b), section 310B authorizes OMB Control Number: 0572–0059. Type of Request: Extension of a Solid Waste Management grants. Grants Notice of Public Meeting of the Oregon currently approved collection package. are made for 100 percent of the cost of Advisory Committee Abstract: In order to facilitate the assistance. The Technical Assistance programmatic interest of the RE Act, AGENCY: U.S. Commission on Civil and Training Grants and Solid Waste and, in order to assure that loans made Rights. Management Grants programs are or guaranteed by the Agency are administered through 7 CFR part 1775. ACTION: Announcement of meeting. Estimate of Burden: Public reporting adequately secured, the Agency, as a secured lender, has established certain SUMMARY: Notice is hereby given, for this collection of information is pursuant to the provisions of the rules estimated to average 3 hours per forms for materials, equipment and construction of electric and and regulations of the U.S. Commission response. on Civil Rights (Commission) and the Respondents: Not-for-profit telecommunications systems. The use of Federal Advisory Committee Act institutions. standard forms, construction contracts, Estimated Number of Respondents: and procurement procedures helps (FACA) that a meeting of the Oregon 142. assure the Agency that appropriate Advisory Committee (Committee) to the Estimated Number of Responses per standards and specifications are Commission will be held at 1:00 p.m. Respondent: 17. maintained, the Agency’s loan security (Pacific Time) Tuesday, April 4, 2017. Estimated Total Annual Burden on is not adversely affected; and the loan The purpose of the meeting is for the Respondents: 6,250. response. In an effort to improve Committee to consider and discuss Copies of this information collection customer service provided to RUS rural potential topics for their FY17 civil can be obtained from Thomas P. borrowers, the Agency continues to rights project. Dickson, Program Development and revise, consolidate, and/or streamline its DATES: The meeting will be held on Regulatory Analysis, at (202) 690–4492. current contracts and contracting Tuesday, April 4, 2017, at 1:00 p.m. All responses to this notice will be procedures. PST.

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Public Call Information: Dial: 888– Dated: March 22, 2017. Members of the public are also 352–6793, Conference ID: 5731343. David Mussatt, entitled to submit written comments; FOR FURTHER INFORMATION CONTACT: Ana Supervisory Chief, Regional Programs Unit. the comments must be received in the Victoria Fortes (DFO) at afortes@ [FR Doc. 2017–06058 Filed 3–27–17; 8:45 am] regional office within 30 days following usccr.gov or (213) 894–3437. BILLING CODE P the meeting. Written comments may be SUPPLEMENTARY INFORMATION: This mailed to the Regional Programs Unit, meeting is available to the public U.S. Commission on Civil Rights, 55 W. through the following toll-free call-in COMMISSION ON CIVIL RIGHTS Monroe St., Suite 410, Chicago, IL number: 888–352–6793, conference ID 60615. They may also be faxed to the Notice of Public Meeting of the Kansas number: 5731343. Any interested Commission at (312) 353–8324, or Advisory Committee To Discuss the member of the public may call this emailed to Corrine Sanders at csanders@ Committee’s Next Topic of Civil Rights number and listen to the meeting. usccr.gov. Persons who desire Inquiry Callers can expect to incur charges for additional information may contact the Regional Programs Unit at (312) 353– calls they initiate over wireless lines, AGENCY: U.S. Commission on Civil 8311. and the Commission will not refund any Rights. Records generated from this meeting incurred charges. Callers will incur no ACTION: Announcement of meeting. charge for calls they initiate over land- may be inspected and reproduced at the line connections to the toll-free SUMMARY: Notice is hereby given, Regional Programs Unit Office, as they telephone number. Persons with hearing pursuant to the provisions of the rules become available, both before and after impairments may also follow the and regulations of the U.S. Commission the meeting. Records of the meeting will proceedings by first calling the Federal on Civil Rights (Commission) and the be available via www.facadatabase.gov Relay Service at 1–800–977–8339 and Federal Advisory Committee Act that under the Commission on Civil Rights, providing the Service with the the Kansas Advisory Committee Kansas Advisory Committee link (http:// conference call number and conference (Committee) will hold a meeting on www.facadatabase.gov/committee/ ID number. Friday, April 14, 2017, at 1:00 p.m. CST. meetings.aspx?cid=249). Click on Members of the public are entitled to The meeting will include a discussion ‘‘meeting details’’ and then make comments during the open period of current civil rights concerns in ‘‘documents’’ to download. Persons at the end of the meeting. Members of Kansas for future study. interested in the work of this Committee the public may also submit written DATES: The meeting will take place on are directed to the Commission’s Web comments; the comments must be Friday, April 14, 2017, at 1:00 p.m. CST. site, http://www.usccr.gov, or may contact the Regional Programs Unit at received in the Regional Programs Unit ADDRESSES: Public call information: the above email or street address. within 30 days following the meeting. Dial: 888–556–4997, Conference ID: Written comments may be mailed to the 5140898. Agenda Western Regional Office, U.S. FOR FURTHER INFORMATION CONTACT: Commission on Civil Rights, 300 North Welcome and Roll Call Melissa Wojnaroski, DFO, at Los Angeles Street, Suite 2010, Los Civil Rights in Kansas: 2017 Project [email protected] or 312–353– Angeles, CA 90012. They may be faxed Concepts 8311. to the Commission at (213) 894–0508, or Future Plans and Actions emailed Ana Victoria Fortes at afortes@ SUPPLEMENTARY INFORMATION: Members Public Comment usccr.gov. Persons who desire of the public can listen to the Adjournment additional information may contact the discussion. This meeting is available to Dated: March 22, 2017. Regional Programs Unit at (213) 894– the public through the following toll- David Mussatt, free call-in number: 888–556–4997, 3437. Supervisory Chief, Regional Programs Unit. Records and documents discussed conference ID: 5140898. Any interested [FR Doc. 2017–06069 Filed 3–27–17; 8:45 am] during the meeting will be available for member of the public may call this public viewing prior to and after the number and listen to the meeting. An BILLING CODE P meeting at http://facadatabase.gov/ open comment period will be provided to allow members of the public to make committee/meetings.aspx?cid=270. COMMISSION ON CIVIL RIGHTS Please click on the ‘‘Meeting Details’’ a statement as time allows. The and ‘‘Documents’’ links. Records conference call operator will ask callers Notice of Public Meeting of the Ohio generated from this meeting may also be to identify themselves, the organization Advisory Committee for a Meeting To inspected and reproduced at the they are affiliated with (if any), and an Discuss the Committee’s Next Topic of Regional Programs Unit, as they become email address prior to placing callers Civil Rights Study: Equal Access to available, both before and after the into the conference room. Callers can Education meeting. Persons interested in the work expect to incur regular charges for calls of this Committee are directed to the they initiate over wireless lines, AGENCY: U.S. Commission on Civil Commission’s Web site, http:// according to their wireless plan. The Rights. www.usccr.gov, or may contact the Commission will not refund any ACTION: Announcement of meeting. Regional Programs Unit at the above incurred charges. Callers will incur no email or street address. charge for calls they initiate over land- SUMMARY: Notice is hereby given, line connections to the toll-free pursuant to the provisions of the rules Agenda telephone number. Persons with hearing and regulations of the U.S. Commission I. Introductions impairments may also follow the on Civil Rights (Commission) and the II. Discussion Regarding Potential FY17 proceedings by first calling the Federal Federal Advisory Committee Act that Topics Relay Service at 1–800–977–8339 and the Ohio Advisory Committee III. Public Comment providing the Service with the (Committee) will hold a meeting on IV. Next Steps conference call number and conference Wednesday, April 26, 2017, at 3:00 p.m. V. Adjournment ID number. EST for the purpose of discussing a

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proposal to study civil rights and equal ‘‘meeting details’’ and ‘‘documents’’ to telephone number. Persons with hearing access to education in Ohio. download. Persons interested in the impairments may also follow the DATES: The meeting will be held on work of this Committee are directed to proceedings by first calling the Federal Wednesday, April 26, 2017, at 3:00 p.m. the Commission’s Web site, http:// Relay Service at 1–800–977–8339 and EST. www.usccr.gov, or may contact the providing the Service with the ADDRESSES: Public call information: Midwestern Regional Office at the above conference call number and conference Dial: 877–718–5101, Conference ID: email or street address. ID number. Members of the public are entitled to 4192721. Agenda make comments during the open period FOR FURTHER INFORMATION CONTACT: Welcome and Introductions at the end of the meeting. Members of Melissa Wojnaroski, DFO, at Project Proposal: ‘‘Barriers to Equal the public may also submit written [email protected] or 312–353– Access to Education in Ohio’’ comments; the comments must be 8311. Public Comment received in the Regional Programs Unit SUPPLEMENTARY INFORMATION: Members Future Plans and Actions within 30 days following the meeting. of the public can listen to the Adjournment Written comments may be mailed to the discussion. This meeting is available to Dated: March 22, 2017. Western Regional Office, U.S. the public through the following toll- David Mussatt, Commission on Civil Rights, 300 North free call-in number: 877–718–5101, Supervisory Chief, Regional Programs Unit. Los Angeles Street, Suite 2010, Los Angeles, CA 90012. They may be faxed conference ID: 4192721. Any interested [FR Doc. 2017–06071 Filed 3–27–17; 8:45 am] to the Commission at (213) 894–0508, or member of the public may call this BILLING CODE P number and listen to the meeting. An emailed Ana Victoria Fortes at afortes@ open comment period will be provided usccr.gov. Persons who desire to allow members of the public to make COMMISSION ON CIVIL RIGHTS additional information may contact the a statement as time allows. The Regional Programs Unit at (213) 894– conference call operator will ask callers Notice of Public Meeting of the Nevada 3437. to identify themselves, the organization State Advisory Committee Records and documents discussed they are affiliated with (if any), and an during the meeting will be available for AGENCY: U.S. Commission on Civil email address prior to placing callers public viewing prior to and after the Rights. into the conference room. Callers can meeting at http://facadatabase.gov/ expect to incur regular charges for calls ACTION: Announcement of meeting. committee/meetings.aspx?cid=261. they initiate over wireless lines, Please click on the ‘‘Meeting Details’’ SUMMARY: Notice is hereby given, and ‘‘Documents’’ links. Records according to their wireless plan. The pursuant to the provisions of the rules Commission will not refund any generated from this meeting may also be and regulations of the U.S. Commission inspected and reproduced at the incurred charges. Callers will incur no on Civil Rights (Commission) and the charge for calls they initiate over land- Regional Programs Unit, as they become Federal Advisory Committee Act available, both before and after the line connections to the toll-free (FACA) that a meeting of the Nevada telephone number. Persons with hearing meeting. Persons interested in the work Advisory Committee (Committee) to the of this Committee are directed to the impairments may also follow the Commission will be held at 1:00 p.m. proceedings by first calling the Federal Commission’s Web site, http:// (Pacific Time) Wednesday, March 29, www.usccr.gov, or may contact the Relay Service at 1–800–977–8339 and 2017, for the purpose of hearing providing the Service with the Regional Programs Unit at the above testimony on the civil rights issues email or street address. conference call number and conference regarding municipal fees in Nevada and ID number. to discuss themes and recommendations Agenda Members of the public are also to include in an advisory memorandum I. Welcome entitled to submit written comments; issued to the U.S. Commission on Civil II. Approval of March 9, 2017 Minutes the comments must be received in the Rights. III. Testimony from Jessica Feierman, regional office within 30 days following DATES: The meeting will be held on Associate Director at the Juvenile the meeting. Written comments may be Law Center mailed to the Midwestern Regional Wednesday, March 29, 2017, at 1:00 p.m. PST. a. Questions Office, U.S. Commission on Civil Rights, IV. Hearing Debrief 55 W. Monroe St., Suite 410, Chicago, Public Call Information: Dial: 877– 723–9509, Conference ID: 7100479. V. Public Comment IL 60615. They may also be faxed to the VI. Next Steps Commission at (312) 353–8324, or FOR FURTHER INFORMATION CONTACT: Ana VII. Adjournment Victoria Fortes (DFO) at afortes@ emailed to Carolyn Allen at callen@ Exceptional Circumstance: Pursuant to usccr.gov or (213) 894–3437. usccr.gov. Persons who desire the Federal Advisory Committee additional information may contact the SUPPLEMENTARY INFORMATION: This Management Regulations (41 CFR 102– Midwestern Regional Office at (312) meeting is available to the public 3.150), the notice for this meeting is 353–8311. through the following toll-free call-in given less than 15 calendar days prior Records generated from this meeting number: 877–723–9509, conference ID to the meeting due to exceptional may be inspected and reproduced at the number: 7100479. Any interested circumstance of the Committee project Midwestern Regional Office, as they member of the public may call this supporting the Commission’s 2017 become available, both before and after number and listen to the meeting. statutory enforcement report. the meeting. Records of the meeting will Callers can expect to incur charges for be available via www.facadatabase.gov calls they initiate over wireless lines, Dated: March 22, 2017 under the Commission on Civil Rights, and the Commission will not refund any David Mussatt, Ohio Advisory Committee link (http:// incurred charges. Callers will incur no Supervisory Chief, Regional Programs Unit. www.facadatabase.gov/committee/ charge for calls they initiate over land- [FR Doc. 2017–06061 Filed 3–27–17; 8:45 am] meetings.aspx?cid=268). Select line connections to the toll-free BILLING CODE P

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COMMISSION ON CIVIL RIGHTS Commission on Civil Rights, 1961 Stout FOR FURTHER INFORMATION CONTACT: Ana Street, Suite 13–201, Denver, CO 80294, Victoria Fortes (DFO) at afortes@ Agenda and Notice of Public Meeting faxed to (303) 866–1050, or emailed to usccr.gov or (213) 894–3437. of the Colorado Advisory Committee Evelyn Bohor at [email protected]. SUPPLEMENTARY INFORMATION: This Persons who desire additional AGENCY: Commission on Civil Rights. meeting is available to the public information may contact the Rocky through the following toll-free call-in ACTION: Announcement of meetings. Mountain Regional Office at (303) 866– number: 888–389–5988, conference ID SUMMARY: Notice is hereby given, 1040. number: 2998703. Any interested Records and documents discussed pursuant to the provisions of the rules member of the public may call this during the meeting will be available for and regulations of the U.S. Commission number and listen to the meeting. public viewing as they become available on Civil Rights (Commission), and the Callers can expect to incur charges for at http://www.facadatabase.gov/ Federal Advisory Committee Act calls they initiate over wireless lines, committee/meetings.aspx?cid=238 and (FACA), that a planning meeting of the and the Commission will not refund any clicking on the ‘‘Meeting Details’’ and Colorado Advisory Committee to the incurred charges. Callers will incur no ‘‘Documents’’ links. Records generated Commission will convene at 11:00 a.m. charge for calls they initiate over land- from this meeting may also be inspected (MST) on Friday, April 14, 2017, via line connections to the toll-free and reproduced at the Rocky Mountain teleconference. The purpose of the telephone number. Persons with hearing Regional Office, as they become meeting is to review presentations on impairments may also follow the available, both before and after the two civil rights topics for study, Refugee proceedings by first calling the Federal meeting. Persons interested in the work Resettlement and Blaine Amendment’s Relay Service at 1–800–977–8339 and of this advisory committee are advised Impact on Education in Colorado. The providing the Service with the to go to the Commission’s Web site, SACs plans are to select and vote of one conference call number and conference www.usccr.gov, or to contact the Rocky of the issues for future study. ID number. Mountain Regional Office at the above Members of the public are entitled to DATES: Friday, April 14, 2017 at 11:00 phone number, email or street address. a.m. (MST). make comments during the open period at the end of the meeting. Members of ADDRESSES: Agenda To be held via the public may also submit written • Welcome and Roll-call teleconference: comments; the comments must be Malee V. Craft, Regional Director, Conference Call Toll-Free Number: 1– received in the Regional Programs Unit Rocky Mountain Regional Office 888–461–2024, Conference ID: 2445417. within 30 days following the meeting. (RMRO) TDD: Dial Federal Relay Service 1– Written comments may be mailed to the 800–977–8339 and give the operator the • Discussion of Civil Rights Issues Alvina L. Earnhart, Chair, Colorado Western Regional Office, U.S. above conference call number and Commission on Civil Rights, 300 North conference ID. State Advisory Committee • Next Steps Los Angeles Street, Suite 2010, Los FOR FURTHER INFORMATION CONTACT: Angeles, CA 90012. They may be faxed Malee V. Craft, DFO, [email protected], Dated: March 22, 2017. to the Commission at (213) 894–0508, or 303–866–1040. David Mussatt, emailed Ana Victoria Fortes at afortes@ SUPPLEMENTARY INFORMATION: Members Supervisory Chief, Regional Programs Unit. usccr.gov. Persons who desire of the public may listen to the [FR Doc. 2017–06060 Filed 3–27–17; 8:45 am] additional information may contact the discussion by dialing the following BILLING CODE P Regional Programs Unit at (213) 894– Conference Call Toll-Free Number: 1– 3437. 888–461–2024; Conference ID: 2445417. Records and documents discussed Please be advised that before being COMMISSION ON CIVIL RIGHTS during the meeting will be available for placed into the conference call, the public viewing prior to and after the Notice of Public Meeting of the Nevada operator will ask callers to provide their meeting at http://facadatabase.gov/ State Advisory Committee names, their organizational affiliations committee/meetings.aspx?cid=261. (if any), and an email address (if AGENCY: U.S. Commission on Civil Please click on the ‘‘Meeting Details’’ available) prior to placing callers into Rights. and ‘‘Documents’’ links. Records the conference room. Callers can expect ACTION: Announcement of meeting. generated from this meeting may also be to incur charges for calls they initiate inspected and reproduced at the over wireless lines, and the Commission SUMMARY: Notice is hereby given, Regional Programs Unit, as they become will not refund any incurred charges. pursuant to the provisions of the rules available, both before and after the Callers will incur no charge for calls and regulations of the U.S. Commission meeting. Persons interested in the work they initiate over land-line connections on Civil Rights (Commission) and the of this Committee are directed to the to the toll-free phone number. Federal Advisory Committee Act Commission’s Web site, http:// Persons with hearing impairments (FACA) that a meeting of the Nevada www.usccr.gov, or may contact the may also follow the discussion by first Advisory Committee (Committee) to the Regional Programs Unit at the above calling the Federal Relay Service (FRS) Commission will be held at 1:00 p.m. email or street address. at 1–800–977–8339 and provide the FRS (Pacific Time) Thursday, April 20, 2017, Agenda operator with the Conference Call Toll- for the purpose of discussing themes Free Number: 1–888–461–2024, and recommendations to include in an I. Welcome Conference ID: 2445417. Members of the advisory memorandum issued to the US II. Discussion on Organization of public are invited to submit written Commission on Civil Rights. Advisory Memorandum comments; the comments must be DATES: The meeting will be held on a. Themes received in the regional office by Thursday, April 20, 2017, at 1:00 p.m. b. Recommendations Monday, May 15, 2017. Written PST. III. Public Comment comments may be mailed to the Rocky Public Call Information: Dial: 888– IV. Next Steps Mountain Regional Office, U.S. 389–5988, Conference ID: 2998703. V. Adjournment

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Dated: March 22, 2017. conference call number and conference an Exempted Fishing Permit (EFP) David Mussatt, ID number. application submitted by the Northeast Supervisory Chief, Regional Programs Unit. Members of the public are also Fisheries Science Center (NEFSC) [FR Doc. 2017–06062 Filed 3–27–17; 8:45 am] entitled to submit written comments; contains all of the required information BILLING CODE P the comments must be received in the and warrants further consideration. This regional office within 30 days following EFP would exempt participating vessels the meeting. Written comments may be from the following types of fishery COMMISSION ON CIVIL RIGHTS mailed to the Regional Programs Unit regulations: Minimum fish size Office, U.S. Commission on Civil Rights, restrictions; fish possession limits for Notice of Public Meeting of the Indiana 55 W. Monroe St., Suite 410, Chicago, species not protected under the Advisory Committee To Discuss Civil IL 60615. They may also be faxed to the Endangered Species Act (ESA); gear- Rights Concerns in the State and Commission at (312) 353–8324, or specific fish possession restrictions for Determine the Next Topic of emailed to Carolyn Allen at callen@ the purpose of at-sea sampling; and, in Committee Study usccr.gov. Persons who desire limited situations for research purposes AGENCY: U.S. Commission on Civil additional information may contact the only, retaining and landing prohibited Rights. Regional Programs Unit Office at (312) fish species. Regulations under the 353–8311. Magnuson-Stevens Fishery ACTION: Announcement of meeting. Records generated from this meeting Conservation and Management Act SUMMARY: Notice is hereby given, may be inspected and reproduced at the require publication of this notification pursuant to the provisions of the rules Regional Programs Unit Office, as they to provide interested parties the and regulations of the U.S. Commission become available, both before and after opportunity to comment on EFP on Civil Rights (Commission) and the the meeting. Records of the meeting will applications. be available via www.facadatabase.gov Federal Advisory Committee Act that DATES: Comments must be received on the Indiana Advisory Committee under the Commission on Civil Rights, or before April 12, 2017. (Committee) will hold a meeting on Indiana Advisory Committee link ADDRESSES: You may submit written Tuesday, April 11, 2017, at 4:00 p.m. (http://www.facadatabase.gov/ comments by either of the following EST for the purpose of discussing civil committee/meetings.aspx?cid=247). methods: rights concerns in the State for future Persons interested in the work of this • Email: [email protected]. Committee study. Committee are directed to the Include in the subject line ‘‘Comments DATES: The meeting will be held on Commission’s Web site, http:// www.usccr.gov, or may contact the on NEFSC Study Fleet EFP.’’ Tuesday, April 11, 2017, at 4:00 p.m. • Mail: John K. Bullard, Regional EST. Regional Programs Unit Office at the above email or street address. Administrator, NMFS, Greater Atlantic ADDRESSES: Public call information: Regional Fisheries Office, 55 Great Dial: 800–500–0311, Conference ID: Agenda Republic Drive, Gloucester, MA 01930. 8736732. Welcome and Roll Call Mark the outside of the envelope FOR FURTHER INFORMATION CONTACT: Discussion: Civil Rights in Indiana ‘‘Comments on NEFSC Study Fleet Melissa Wojnaroski, DFO, at Public Comment EFP.’’ [email protected] or 312–353– Future Plans and Actions FOR FURTHER INFORMATION CONTACT: 8311. Adjournment Spencer Talmage, Fishery Management SUPPLEMENTARY INFORMATION: Members Dated: March 22, 2017. Specialist, 978–281–9232, of the public can listen to the David Mussatt, [email protected]. discussion. This meeting is available to Supervisory Chief, Regional Programs Unit. SUPPLEMENTARY INFORMATION: NEFSC the public through the following toll- [FR Doc. 2017–06070 Filed 3–27–17; 8:45 am] submitted a complete application for an free call-in number: 800–500–0311, BILLING CODE P EFP on February 21, 2017, to enable conference ID: 8736732. Any interested data collection activities that the member of the public may call this regulations on commercial fishing number and listen to the meeting. An DEPARTMENT OF COMMERCE would otherwise restrict. open comment period will be provided The NEFSC Study Fleet Program was to allow members of the public to make National Oceanic and Atmospheric established in 2002 to more fully a statement as time allows. The Administration characterize commercial fishing conference call operator will ask callers operations and to leverage sampling to identify themselves, the organization RIN 0648–XF289 opportunities to augment NMFS data they are affiliated with (if any), and an Magnuson-Stevens Act Provisions; collection programs. NEFSC contracts email address prior to placing callers General Provisions for Domestic commercial fishing vessels to collect into the conference room. Callers can Fisheries; Application for Exempted tow-by-tow catch and environmental expect to incur regular charges for calls Fishing Permit data, and to fulfill specific biological they initiate over wireless lines, sampling needs. To collect these data, according to their wireless plan. The AGENCY: National Marine Fisheries NEFSC Study Fleet Program obtains an Commission will not refund any Service (NMFS), National Oceanic and EFP to secure the necessary waivers for incurred charges. Callers will incur no Atmospheric Administration (NOAA), these vessels to possess and land fish charge for calls they initiate over land- Commerce. that would otherwise be prohibited by line connections to the toll-free ACTION: Notice; request for comments. regulations. The EFP would exempt 31 telephone number. Persons with hearing Federally permitted commercial fishing impairments may also follow the SUMMARY: The Assistant Regional vessels from the following regulations proceedings by first calling the Federal Administrator for Sustainable Fisheries, while participating in the Study Fleet Relay Service at 1–800–977–8339 and Greater Atlantic Region, NMFS, has Program and operating under NEFSC providing the Service with the made a preliminary determination that managed projects: Minimum fish size

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restrictions; fish possession limits for possession limits; prohibited fish would be sold for commercial use, or species not protected under the ESA; species, not including species protected utilized for any purpose other than gear-specific fish possession restrictions under the ESA; and gear-specific fish scientific research. for the purpose of at-sea sampling; and, possession restrictions for at-sea All catch would be attributed to the in limited situations for research sampling. appropriate commercial fishing quota, purposes only, retaining and landing Participating vessels would also be and vessels would not be exempt from prohibited fish species. Table 1 lists the authorized to retain and land, in limited any inseason quota closure. For vessels specific regulations that would be situations for research purposes only, on a groundfish sector trip, all catch of exempted by this permit. The fish species and/or sizes that are not in Northeast multispecies stocks allocated participating vessels would be obligated compliance with fishing regulations. to sectors would be deducted from its to comply with all applicable The vessels would be authorized to sector’s Annual Catch Entitlement requirements and restrictions specified retain specific amounts of particular (ACE). Once the ACE for a stock has at 50 CFR part 648, unless specifically species in whole or round weight been reached in a sector, vessels would exempted in this EFP. condition, which would be delivered no longer be allowed to fish in that Fishing vessel crews trained by the upon landing to NMFS staff. To ensure stock area, unless its sector acquires NEFSC Study Fleet Program would sort, that the collection needs of the Study additional ACE for the limiting stock. weigh, and measure fish that are to be Fleet Program are not exceeded, For common pool vessels, all catch of discarded. In the course of sampling, participating vessels are required to Northeast multispecies stocks would be some discarded species would be on obtain a formal Biological Sampling counted toward the appropriate deck slightly longer than under normal Request in writing from the NEFSC trimester total allowable catch (TAC). sorting procedures, which requires an Study Fleet Program prior to landing Common pool vessels would be subject exemption from the following any sublegal fish. None of the landed to applicable trimester total allowable restrictions: Minimum fish size; fish biological samples from these trips catch (TAC) closures.

TABLE 1—SPECIFIC REGULATIONS COVERED BY THE PROPOSED EXEMPTED FISHING PERMIT

NEFSC Study Fleet Program EFP

Number of vessels ...... 36. Exempted regulations in 50 CFR part 648 ...... Size limits: § 648.83 NE multispecies minimum sizes. § 648.93 Monkfish minimum fish size. § 648.147 Black sea bass minimum fish size. Possession restrictions: § 648.86(a) Haddock. § 648.86(b) Atlantic cod. § 648.86(c) Atlantic halibut. § 648.86(d) Small-mesh multispecies. § 648.86(l) Zero retention of Atlantic wolffish and windowpane flounder. § 648.86(o) Possession limits implemented by Regional Administrator. § 648.94 Monkfish possession limit. § 648.322 Skate possession and landing restrictions. § 648.145 Black sea bass possession limits. § 648.92(b)(2)(i) Prohibition from landing NE multispecies on monkfish-only day- at-sea.

NEFSC Study Fleet Program Biological biological samples after the NEFSC Sampling Needs issues a formal request in writing. Table As described above, participating 2 details the Study Fleet Program’s vessels would only collect and land sampling needs.

TABLE 2—STUDY FLEET PROGRAM’S BIOLOGICAL SAMPLE COLLECTION NEEDS

Maximum weight Maximum Species Stock area * Gear types # Collection Individual fish per allowed per trip allowance frequency collection period (lb) (lb)

Windowpane GOM, GB ...... OTF, DRS ...... Monthly ...... 40 ea./mo ...... 30 ...... 360. Flounder. Monkfish ...... GOM, GB, SNE ... OTF, GNS, DRS Monthly ...... 15 ea/mo SNE, 15 750 ...... 9,000. ea/mo GOM. Haddock ...... GOM, GB, SNE ... OTF, LLB, GNS, Monthly/Seasonal 40 ea/mo...... 320 ...... 1,600. DRS. Atlantic Cod ...... GOM, GB, SNE ... OTF, LLB, GNS, Monthly ...... 120 ea/mo ...... 270 ...... 7,200. DRS. Barndoor Skate ..... GOM, GB, SNE ... OTF, GNS, DRS Quarterly ...... 20 ea/qtr ...... 150 ...... 600. Thorny Skate ...... GOM, GB, SNE ... OTF, GNS, DRS Quarterly ...... 20 ea/qtr ...... 150 ...... 600. Black Sea Bass .... GB, SNE ...... PTF, OTF ...... Monthly ...... 30 ea/mo ...... 180 ...... 2,160. Atlantic Wolffish .... GOM, GB ...... OTF, GNS, LLB ... Monthly ...... 40 ea/mo ...... 160 ...... 3,500. Cusk ...... GOM, GB ...... OTF,GNS, LLB .... Monthly ...... 40 ea/mo ...... 140 ...... 3,600. Atlantic Halibut ...... GOM, GB ...... OTF, GNS, LLB ... Monthly ...... 20 ea/mo ...... 500 ...... 6,000.

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TABLE 2—STUDY FLEET PROGRAM’S BIOLOGICAL SAMPLE COLLECTION NEEDS—Continued

Maximum weight Maximum Species Stock area * Gear types # Collection Individual fish per allowed per trip allowance frequency collection period (lb) (lb)

Butterfish ...... SNE, MA ...... OTM ...... Monthly ...... 150 ea/mo ...... 75 ...... 900. Atlantic Herring ..... Any Area ...... OTM, OTF, PTM, Monthly ...... 100 ea/mo ...... 100 ...... 1,200. PUR. River Herring/Shad Any Area ...... OTM, OTF, PTM, Monthly ...... 100 ea/mo of ea 100 of ea. species 1,200 of ea. spe- PUR. species. cies. Round Herring ...... Any Area ...... OTM, OTF, PTM, Monthly ...... 100 ea/mo ...... 100 ...... 1,200. PUR. Silver Hake ...... Any Area ...... OTM, OTF, PTM, Monthly ...... 100 ea/mo ...... 260 ...... 3,120. PUR. Atlantic Mackerel .. Any Area ...... OTM, OTF, PTM, Monthly ...... 100 ea/mo ...... 260 ...... 3,120. HND, PUR. Shortfin Squid ...... Any Area ...... OTM, OTF ...... Monthly ...... 100 ea/mo ...... 75 ...... 900. Sand Lance ...... Any Area ...... OTM, OTF, PTM, Monthly ...... 100 ea/mo ...... 25 ...... 300. PUR. Longfin Squid ...... Any Area ...... OTM, OTF ...... Monthly ...... 100 ea/mo ...... 75 ...... 900. * Stock area abbreviations: Gulf of Maine (GOM), Georges Bank (GB), Southern New England (SNE) # Gear abbreviations: Otter trawl (OTF), bottom longline (LLB), sink gillnet (GNS), sea scallop dredge (DRS), fish pot (PTF), hand lines, auto jig (HND), purse seine (PUR), otter trawl midwater (OTM), pair trawl midwater (PTM).

If approved, the applicant may ADDRESSES: The public portion of the dedicated to discussing legislative and request minor modifications and meeting will be held at the Institute for regulatory reform. extensions to the EFP throughout the Defense Analyses (IDA)—Room 1301, After the open meeting, a short year. EFP modifications and extensions 4850 Mark Center Drive, Alexandria, VA follow-on session will be closed to the may be granted without further notice if 22311. public pursuant to Section 10(d) of they are deemed essential to facilitate FOR FURTHER INFORMATION CONTACT: FACA as amended by Section 5(c) of the completion of the proposed research Samira Patel, NOAA/NESDIS/CRSRA, Government in Sunshine Act, Public and have minimal impact that does not 1335 East West Highway, Room 8247, Law 94–409 and in accordance with change the scope of the initially Silver Spring, Maryland 20910; (301) Section 552b(c)(1) of Title 5, United approved EFP request. Any fishing 713–7077 or [email protected]. States Code, which authorizes closure of activity conducted outside the scope of meetings likely to disclose matters that SUPPLEMENTARY INFORMATION: As the exempted fishing activity would be are ‘‘specifically authorized under required by section 10(a)(2) of the prohibited. criteria established by Executive order Federal Advisory Committee Act, 5 to be kept secret in the interests of Authority: 16 U.S.C. 1801 et seq. U.S.C. App. 2 (FACA) and its national defense or foreign policy and Dated: March 22, 2017. implementing regulations, see 41 CFR . . . in fact properly classified pursuant Karen H. Abrams, 102–3.155, notice is hereby given of the to such Executive order.’’ The part of meeting of ACCRES. ACCRES was Acting Deputy Director, Office of Sustainable the meeting which will be closed will Fisheries, National Marine Fisheries Service. established by the Secretary of address new licensing conditions for the Commerce (Secretary) on May 21, 2002, [FR Doc. 2017–06057 Filed 3–27–17; 8:45 am] operation of U.S. remote sensing space to advise the Secretary of Commerce systems, the ongoing review and BILLING CODE 3510–22–P through the Under Secretary of implementation of the 2015 U.S. Commerce for Oceans and Atmosphere Commercial Space Launch on matters relating to the U.S. DEPARTMENT OF COMMERCE Competitiveness Act and related commercial remote sensing space national security, foreign policy National Oceanic and Atmospheric industry and on the National Oceanic concerns and future technology Administration and Atmospheric Administration’s considerations for NOAA’s licensing activities to carry out the decisions. These discussions are likely Meeting of the Advisory Committee on responsibilities of the Department of to disclose matters that are specifically Commercial Remote Sensing Commerce set forth in the National and authorized under criteria established by Commercial Space Programs Act of 2010 Executive Order 13526 to be kept secret ACTION: Notice of meeting. (51 U.S.C. 60101 et seq.). in the interest of national defense or Purpose of the Meeting and Matters To foreign policy and are in fact properly SUMMARY: The Advisory Committee on Be Considered classified pursuant to such Executive Commercial Remote Sensing (ACCRES) Order. In compliance with Section 10(d) The first part of the meeting will be will meet April 12, 2017. of FACA and 41 CFR 102–3.155, open to the public pursuant to Section ACCRES has obtained an agency DATES: The meeting is scheduled as 10(a)(1) of the FACA. During the open determination of closure, and the notice follows: April 12, 2017, 9:00 a.m.–4:00 portion of the meeting, the Committee of this determination is available upon p.m. There will be two sessions open to will receive updates on NOAA’s request. the public. The first open session will Commercial Remote Sensing Regulatory be from 9:00 a.m.–11:30 a.m. and a Affairs activities. The Committee will Special Accommodations second open session from 12:30 p.m.– also be available to receive public The meeting is physically accessible 2:45 p.m. A short closed session will be comments on its activities. The second to people with disabilities. Requests for held from 3:00 p.m.–4:00 p.m. open session of the meeting will be special accommodations may be

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directed to Samira Patel, NOAA/ session will identify available funding Sanders at the contact information listed NESDIS/CRSRA, 1335 East-West types, including federal funding. above at least five (5) business days Highway, Room 8247, Silver Spring, DATES: The Technical Assistance before the meeting. Maryland 20910; (301) 713–7077 or Workshop will be held on April 19, Dated: March 23, 2017. [email protected]. 2017, from 8:30 a.m. to 12:30 p.m., Kathy D. Smith, Mountain Standard Time. Additional Information and Public Chief Counsel, National Telecommunications Comments ADDRESSES: The meeting will be held in and Information Administration. Mesa, AZ at the Mesa Arts Center Any member of the public who plans [FR Doc. 2017–06097 Filed 3–27–17; 8:45 am] Meeting Room, 1 East Main Street, BILLING CODE 3510–60–P to attend the open meeting should RSVP Mesa, AZ 85201. to Samira Patel at (301) 713–7077, or FOR FURTHER INFORMATION CONTACT: [email protected] by April 5, 2017. Giselle Sanders, National Any member of the public wishing COMMODITY FUTURES TRADING Telecommunications and Information further information concerning the COMMISSION Administration, U.S. Department of meeting or who wishes to submit oral or Commerce, Room 4628, 1401 written comments should contact Market Risk Advisory Committee Constitution Avenue NW., Washington, Tahara Dawkins, Designated Federal DC 20230; telephone: (202) 482–7971; AGENCY: Commodity Futures Trading Officer for ACCRES, NOAA/NESDIS/ email: [email protected]. Please Commission. CRSRA, 1335 East-West Highway, Room direct media inquiries to NTIA’s Office ACTION: Notice of meeting. 8260, Silver Spring, Maryland 20910. of Public Affairs, (202) 482–7002; email: Copies of the draft meeting agenda can SUMMARY: [email protected]. The Commodity Futures be obtained from Samira Patel at (301) Trading Commission (CFTC) announces SUPPLEMENTARY INFORMATION: 713–7077, or [email protected]. NTIA’s that on April 25, 2017, from 10:00 a.m. ACCRES expects that public BroadbandUSA program provides to 1:30 p.m., the Market Risk Advisory statements presented at its meetings will expert advice and field-proven tools for Committee (MRAC) will hold a public not be repetitive of previously- assessing broadband adoption, planning meeting at the CFTC’s Washington, DC, submitted oral or written statements. In new infrastructure, and engaging a wide headquarters. At this meeting, the general, each individual or group range of partners in broadband projects. MRAC will discuss: (1) The staff’s making an oral presentation may be BroadbandUSA convenes workshops on response to the CRM Subcommittee’s limited to a total time of five minutes. a regular basis to bring stakeholders recommendations, which the MRAC Written comments sent to NOAA/ together to discuss ways to improve adopted and also recommended that the NESDIS/CRSRA on or before April 5, broadband policies, share best practices, Commission consider at the November 2017 will be provided to Committee and connect communities to federal 17, 2016, MRAC meeting, on how members in advance of the meeting. agencies and other funding sources for Central Counterparties (CCPs) can Comments received too close to the the purpose of expanding broadband further enhance their efforts in meeting date will normally be provided infrastructure and adoption throughout preparing for the default of a significant to Committee members at the meeting. America’s communities. This workshop clearing member; (2) cybersecurity will explore two topics for broadband Stephen M. Volz, trends; and (3) how well the derivatives infrastructure: Planning and funding. markets are currently functioning, Assistant Administrator for Satellite and The workshop will feature subject including the impact and implications Information Services. matter experts from NTIA’s of the evolving structure of these [FR Doc. 2017–06072 Filed 3–27–17; 8:45 am] BroadbandUSA program. The first markets on the movement of risk across BILLING CODE 3510–HR–P session will explore key elements market participants. required for planning successful broadband projects. The second session DATES: The meeting will be held on DEPARTMENT OF COMMERCE will identify funding models, including April 25, 2017, from 10:00 a.m. to 1:30 federal programs that support p.m. Members of the public who wish National Telecommunications and broadband infrastructure projects. to submit written statements in Information Administration The workshop will be open to the connection with the meeting should public. Pre-registration is requested, and submit them by May 2, 2017. Community Broadband Workshop space is limited. NTIA will ask ADDRESSES: The meeting will take place AGENCY: National Telecommunications registrants to provide their first and last in the Conference Center at the CFTC’s and Information Administration, U.S. names and email addresses for both headquarters, Three Lafayette Centre, Department of Commerce. registration purposes and to receive any 1155 21st Street NW., Washington, DC ACTION: Notice of open meeting. updates on the workshop. If capacity for 20581. Written statements should be the meeting is reached, NTIA will submitted by mail to: Commodity SUMMARY: The National maintain a waiting list and will inform Futures Trading Commission, Three Telecommunications and Information those on the waiting list if space Lafayette Centre, 1155 21st Street NW., Administration (NTIA), through the becomes available. Meeting updates, Washington, DC 20581, attention: BroadbandUSA program, will hold a changes in the agenda, if any, and Secretary of the Commission; or by technical assistance workshop to share relevant documents will be also electronic mail to: [email protected]. information to help communities build available on NTIA’s Web site at https:// Please use the title ‘‘Market Risk their broadband capacity and www2.ntia.doc.gov/arizona-technical- Advisory Committee’’ in any written utilization. The workshop will present assistance-workshop. statement you submit. Any statements in-depth sessions on planning and The public meeting is physically submitted in connection with the funding broadband infrastructure accessible to people with disabilities. committee meeting will be made projects. The planning session will Individuals requiring accommodations, available to the public, including by explore effective business and such as language interpretation or other publication on the CFTC Web site, partnership models, and the funding ancillary aids, are asked to notify Giselle http://www.cftc.gov.

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FOR FURTHER INFORMATION CONTACT: invited on: whether the proposed (FVAP), an agency of the Department of Petal Walker, MRAC Designated Federal collection of information is necessary Defense, to fulfill the mandate of the Officer, Commodity Futures Trading for the proper performance of the Uniformed and Overseas Citizens Commission, Three Lafayette Centre, functions of the agency, including Absentee Voting Act (UOCAVA of 1986 1155 21st Street NW., Washington, DC whether the information shall have [42 U.S.C. 1973ff]). UOCAVA requires a 20581; (202) 418–5794. practical utility; the accuracy of the statistical analysis report to the SUPPLEMENTARY INFORMATION: The agency’s estimate of the burden of the President and Congress on the meeting will be open to the public with proposed information collection; ways effectiveness of assistance under the seating on a first-come, first-served to enhance the quality, utility, and Act, a statistical analysis of voter basis. Members of the public may also clarity of the information to be participation, and a description of State/ listen to the meeting by telephone by collected; and ways to minimize the Federal cooperation. The data obtained calling a domestic toll-free telephone or burden of the information collection on through this study will allow FVAP to international toll or toll-free number to respondents, including through the use refine its methodology for estimating the connect to a live, listen-only audio feed. of automated collection techniques or number of overseas U.S. civilians who Call-in participants should be prepared other forms of information technology. are eligible to vote and who have to provide their first name, last name, DATES: Consideration will be given to all registered and participated in the past, and affiliation. comments received by May 30, 2017. and using these estimates to address the question of whether the registration and Domestic Toll Free: 1–888–469–3048. ADDRESSES: You may submit comments, International Toll and Toll Free: Will identified by docket number and title, voting propensity of the overseas be posted on the CFTC’s Web site, by any of the following methods: civilian population differs from that of http://www.cftc.gov, on the page for the • Federal eRulemaking Portal: http:// a comparable domestic or military meeting, under Related Links. www.regulations.gov. Follow the populations. Conducting this research Pass Code/Pin Code: 3820902. instructions for submitting comments. will help FVAP meet its federal and The meeting agenda may change to • Mail: Department of Defense, Office congressional mandates in terms of accommodate other MRAC priorities. of the Deputy Chief Management reporting annually on its activities and For agenda updates, please visit the Officer, Directorate for Oversight and on overall voter registration and MRAC committee site at: http:// Compliance, Regulatory and Advisory participation rates after each www.cftc.gov/About/CFTCCommittees/ Presidential election. The data obtained _ Committee Division, 4800 Mark Center MarketRiskAdvisoryCommittee/mrac Drive, Mailbox #24, Suite 08D09B, through this study is also intended to meetings. Alexandria, VA 22350–1700. provide insights into existing barriers to After the meeting, a transcript of the Instructions: All submissions received UOCAVA voting and recommendations meeting will be published through a must include the agency name, docket for addressing these challenges. link on the CFTC’s Web site, http:// number and title for this Federal Affected Public: Individuals or www.cftc.gov. All written submissions Register document. The general policy Households. provided to the CFTC in any form will for comments and other submissions Annual Burden Hours: 3,000. also be published on the CFTC’s Web Number of Respondents: 18,000. from members of the public is to make Responses per Respondent: 1. site. Persons requiring special these submissions available for public accommodations to attend the meeting Annual Responses: 18,000. viewing on the Internet at http:// Average Burden per Response: 10 because of a disability should notify the www.regulations.gov as they are contact person above. Minutes. received without change, including any Frequency: On Occasion. Authority: 5 U.S.C. app. 2 § 10(a)(2). personal identifiers or contact The Uniformed and Overseas Citizens Dated: March 23, 2017. information. Absentee Voting Act (UOCAVA) Christopher J. Kirkpatrick, Any associated form(s) for this requires the States to allow Uniformed collection may be located within this Secretary of the Commission. Services personnel, their family same electronic docket and downloaded members, and overseas citizens to use [FR Doc. 2017–06121 Filed 3–27–17; 8:45 am] for review/testing. Follow the absentee registration procedures and to BILLING CODE 6351–01–P instructions at http:// vote by absentee ballot in general, www.regulations.gov for submitting special, primary, and runoff elections comments. Please submit comments on for Federal offices. The Act covers DEPARTMENT OF DEFENSE any given form identified by docket members of the Uniformed Services and number, form number, and title. Office of the Secretary the merchant marine to include the FOR FURTHER INFORMATION CONTACT: To commissioned corps of the National [Docket ID: DOD–2017–OS–0013] request more information on this Oceanic and Atmospheric proposed information collection or to Administration and Public Health Proposed Collection; Comment obtain a copy of the proposal and Service and their eligible dependents, Request associated collection instruments, Federal civilian employees overseas, AGENCY: Office of the Under Secretary of please write to the Federal Voting and overseas U.S. citizens not affiliated Defense for Personnel and Readiness, Assistance Program ATTN: Mr. David with the Federal Government. DoD. Beirne, 4800 Mark Center Drive, Suite Subsequent to each Presidential election ACTION: Notice. 03J25 Alexandria, VA 22350, or call at year, FVAP must report voter (571) 372–0740. registration and participation rates for SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: uniformed service voters and overseas Paperwork Reduction Act of 1995, the Title; Associated Form; and OMB citizens to Congress; while FVAP Office of the Under Secretary of Defense Number: Overseas Citizen Population collects data for this report through (Personnel and Readiness) announces a Survey; 0704–0539. regular surveys of uniformed service proposed public information collection Needs and Uses: The information voters and other relevant UOCAVA and seeks public comment on the collection requirement is necessary for populations, it does not currently provisions thereof. Comments are Federal Voting Assistance Program collect data from non-military, non-

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government overseas civilians. Previous waives the 15-calendar day notification Meeting Accessibility: Pursuant to attempts to collect information on the requirement. Federal statutes and regulations (FACA, overseas citizen’s population to identify This meeting is being held under the the Government in the Sunshine Act, 5 and measure its voter registration and provisions of the Federal Advisory U.S.C. 552b, and 41 CFR 102–3.140 participation rates in Federal elections Committee Act (FACA) of 1972 (5 through 102–3.165) and the availability suffered from significant bias; the U.S.C., Appendix, as amended), the of space, the meeting is open to the Overseas Citizens Population Survey is Government in the Sunshine Act of public from 9:00 a.m. to 11:00 a.m. focused on refining a prototype method 1976 (5 U.S.C. 552b, as amended), and Seating is on a first-come basis. to report voter registration and 41 CFR 102–3.140 and 102–3.150. Members of the public wishing to attend participation rates from a more well- Purpose of the Meeting: The mission the meeting should contact the defined subgroup of overseas civilians. of the Defense Innovation Board (DIB) is Executive Director to register and make to examine and provide the Secretary of Dated: March 23, 2017. arrangements for a Pentagon escort, if Defense and the Deputy Secretary of necessary, no later than five business Aaron Siegel, Defense independent advice and days prior to the meeting, at the address Alternate OSD Federal Register, Liaison recommendations on innovative means noted in the FOR FURTHER INFORMATION Officer, Department of Defense. to address future challenges in terms of CONTACT section. [FR Doc. 2017–06124 Filed 3–27–17; 8:45 am] integrated change to organizational Special Accommodations: Individuals BILLING CODE 5001–06–P structure and processes, business and requiring special accommodations to functional concepts, and technology access the public meeting should applications. The DIB focuses on (a) contact the Executive Director at least DEPARTMENT OF DEFENSE technology and capabilities, (b) five business days prior to the meeting practices and operations, and (c) people so that appropriate arrangements can be Office of the Secretary and culture. made. Pursuant to 5 U.S.C. 552b(c)(1), Defense Innovation Board; Notice of Agenda: During the open portion of the DoD has determined that the portion Federal Advisory Committee Meeting the meeting, the DIB will receive an of the meeting from 11:45 a.m. to 5:30 update from the Science and p.m. shall be closed to the public. The AGENCY: Deputy Chief Management Technology Subcommittee, and Acting Deputy Chief Management Officer, Department of Defense. deliberate and propose observations on Officer, in consultation with the Office ACTION: Notice of Federal Advisory the DIB’s Interim Recommendation 12: of the DoD General Counsel, has Committee Meeting. Establish a global and secure repository determined in writing that this portion for data collection, sharing, and of the committee’s meeting will be SUMMARY: The Department of Defense analysis. These findings will be based closed as the discussions will involve (DoD) is publishing this notice to upon discussions and observations of classified matters of national security. announce that the following Federal the DIB. The DIB will invite selected Such classified material is so Advisory Committee meeting of the experts to provide analysis and inputs inextricably intertwined with the Defense Innovation Board will take related to Recommendation 12 during unclassified material that it cannot place. the meeting. Potential experts include reasonably be segregated into separate DATES: Open to the public Tuesday representatives from the Joint Staff discussions without disclosing matters April 4, 2017 from 9:00 a.m. to 11:00 Director for Logistics (J4); the Business that are classified SECRET or higher. a.m. Closed to the public Tuesday April Transformation Office—Army; the Cost Written Statements: Pursuant to 4, 2017 from 11:45 a.m. to 5:30 p.m. Assessment and Program Evaluation section 10(a)(3) of the FACA and 41 CFR office; the Defense Digital Service; the 102–3.140, the public or interested ADDRESSES: The open portion of the office of the Director for Global organizations may submit written meeting will be held at The Pentagon, Operations (J3); the office of the Director comments to the DIB about its approved Washington DC, in the Pentagon of Future Operations (US Air Force/A3); agenda pertaining to this meeting or at Conference Center—Room B6. (Escort is and the office of the Under Secretary of any time regarding the DIB’s mission. required for attendees who do not have Defense for Intelligence (Warfighter Individuals submitting a written Pentagon credentials. See guidance in Support). Members of the public will statement must submit their statement the SUPPLEMENTARY INFORMATION have the opportunity to provide input to the Executive Director at section.) The closed portion of the on the DIB’s interim recommendation to [email protected]. Written meeting will be held in the Pentagon. establish a global and secure repository comments that do not pertain to a FOR FURTHER INFORMATION CONTACT: for data collection, sharing, and analysis scheduled meeting may be submitted at Roma Laster, (703) 695–7563 (Voice), (limited availability). See below for any time. However, if individual (703) 614–4365 (Facsimile), additional information on how to sign comments pertain to a specific topic [email protected] (Email). up. The DIB will be briefed on DoD’s being discussed at the planned meeting, Mailing address is Defense Innovation implementation activities related to DIB then such comments must be received Board, 9000 Defense Pentagon, Room recommendations. During the closed in writing not later than March 30, 2017. 5E572, Washington, DC 20350. portion of the meeting, the DIB will The Executive Director will compile all SUPPLEMENTARY INFORMATION: Due to have detailed and classified discussions written submissions received by the circumstances beyond the control of the of their observations and deadline and provide them to Board Designated Federal Officer and the recommendations with DoD senior Members prior to the meeting. Department of Defense, the Defense leaders to include the Secretary of Comments received after this date may Innovation Board is unable to provide Defense and/or the Deputy Secretary of not be provided to or considered by the public notification, as required by 41 Defense. They will also receive DIB until a later date. CFR 102–3.150(a), for its meeting on classified informational briefings related Oral Section: Individuals wishing to Tuesday, April 4, 2017. Accordingly, to ‘‘data’’ and/or machine learning from make an oral statement to the DIB at the the Advisory Committee Management representatives from the Joint Staff, the public meeting may be permitted to Officer for the Department of Defense, Under Secretary of Defense for speak for up to three minutes. Anyone pursuant to 41 CFR 102–3.150(b), Intelligence, and the U.S. Air Force/A3. wishing to speak to the DIB should

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submit a request by email at Department of Defense, the database.faca.gov/committee/ [email protected] not later than Government-Industry Advisory Panel meetings.aspx?cid=2561. It will also be March 30, 2017 for planning. Requests was unable to provide public distributed upon request. for oral comments should include a notification concerning its meeting on Minor changes to the agenda will be copy or summary of planned remarks April 5 through 6, 2017, as required by announced at the meeting. All materials for archival purposes. Individuals may 41 CFR 102–3.150(a). Accordingly, the will be posted to the FACA database also be permitted to submit a comment Advisory Committee Management after the meeting. request at the public meeting; however, Officer for the Department of Defense, Public Accessibility to the Meeting: depending on the number of individuals pursuant to 41 CFR 102–3.150(b), Pursuant to 5 U.S.C. 552b, as amended, requesting to speak, the schedule may waives the 15-calendar day notification and 41 CFR 102–3.140 through 102– limit participation. requirement. 3.165, and subject to the availability of Purpose of the Meeting: This meeting space, this meeting is open to the Dated: March 23, 2017. is being held under the provisions of the public. Registration of members of the Aaron Siegel, Federal Advisory Committee Act of public who wish to attend the meeting Alternate OSD Federal Register Liaison 1972 (FACA) (5 U.S.C., Appendix, as will begin upon publication of this Officer, Department of Defense. amended), the Government in the meeting notice and end three business [FR Doc. 2017–06112 Filed 3–27–17; 8:45 am] Sunshine Act of 1976 (5 U.S.C. 552b, as days (March 31) prior to the start of the BILLING CODE 5001–06–P amended), and 41 CFR 102–3.150. The meeting. All members of the public Government-Industry Advisory Panel must contact LTC Lunoff at the phone will review sections 2320 and 2321 of number or email listed in the FOR DEPARTMENT OF DEFENSE title 10, United States Code (U.S.C.), FURTHER INFORMATION CONTACT section to regarding rights in technical data and make arrangements for Pentagon escort, Office of the Secretary the validation of proprietary data if necessary. Public attendees should Government-Industry Advisory Panel; restrictions and the regulations arrive at the Pentagon’s Visitor’s Center, Notice of Federal Advisory Committee implementing such sections, for the located near the Pentagon Metro Meeting purpose of ensuring that such statutory Station’s south exit and adjacent to the and regulatory requirements are best Pentagon Transit Center bus terminal AGENCY: Office of the Under Secretary of structured to serve the interest of the with sufficient time to complete security Defense (Acquisition, Technology, and taxpayers and the national defense. The screening no later than 8:30 a.m. on Logistics), Department of Defense (DoD). scope of the panel is as follows: (1) April 5–6. To complete security ACTION: Federal advisory committee Ensuring that the Department of Defense screening, please come prepared to meeting notice. (DoD) does not pay more than once for present two forms of identification of the same work, (2) Ensuring that the which one must be a pictured SUMMARY: The Department of Defense is DoD contractors are appropriately identification card. Government and publishing this notice to announce the rewarded for their innovation and military DoD CAC holders are not following Federal advisory committee invention, (3) Providing for cost- required to have an escort, but are still meeting of the Government-Industry effective reprocurement, sustainment, required to pass through the Visitor’s Advisory Panel. This meeting is open to modification, and upgrades to the DoD Center to gain access to the Building. the public. systems, (4) Encouraging the private Seating is limited and is on a first-to- DATES: The meeting will be held from sector to invest in new products, arrive basis. Attendees will be asked to 9:00 a.m. to 5:00 p.m. on Wednesday technologies, and processes relevant to provide their name, title, affiliation, and and Thursday, April 5 and 6, 2017. the missions of the DoD, and (5) contact information to include email Public registration will begin at 8:45 Ensuring that the DoD has appropriate address and daytime telephone number a.m. on each day. For entrance into the access to innovative products, to the Designated Federal Officer (DFO) meeting, you must meet the necessary technologies, and processes developed listed in the FOR FURTHER INFORMATION requirements for entrance into the by the private sector for commercial use. CONTACT section. Any interested person Pentagon. For more detailed Agenda: This will be the fourteenth may attend the meeting, file written information, please see the following meeting of the Government-Industry comments or statements with the link: http://www.pfpa.mil/access.html. Advisory Panel. The panel will cover committee, or make verbal comments details of 10 U.S.C. 2320 and 2321, ADDRESSES: Pentagon Library, from the floor during the public begin understanding the implementing Washington Headquarters Services, meeting, at the times, and in the regulations and detail the necessary 1155 Defense Pentagon, Washington, DC manner, permitted by the committee. groups within the private sector and Special Accommodations: The 20301–1155. The meeting room will be government to provide supporting meeting venue is fully handicap displayed on the information screen for documentation for their review of these accessible, with wheelchair access. both days. The Pentagon Library is codes and regulations during follow-on Individuals requiring special located in the Pentagon Library and meetings. Agenda items for this meeting accommodations to access the public Conference Center (PLC2) across the will include the following: (1) Final meeting or seeking additional Corridor 8 bridge. review of tension point information information about public access FOR FURTHER INFORMATION CONTACT: LTC papers; (2) Rewrite FY17 NDAA 2320 procedures, should contact LTC Lunoff, Andrew Lunoff, Office of the Assistant and 2321 language; (3) Review Report the committee DFO, at the email address Secretary of Defense (Acquisition), 3090 Framework and Format for Publishing; or telephone number listed in the FOR Defense Pentagon, Washington, DC (4) Comment Adjudication & Planning FURTHER INFORMATION CONTACT section, 20301–3090, email: for follow-on meeting. at least five (5) business days prior to [email protected], phone: Availability of Materials for the the meeting so that appropriate 571–256–9004. Meeting: A copy of the agenda or any arrangements can be made. SUPPLEMENTARY INFORMATION: Due to updates to the agenda for the April 5– Written Comments or Statements: circumstances beyond the control of the 6 meeting will be available as requested Pursuant to 41 CFR 102–3.105(j) and Designated Federal Officer and the or at the following site: https:// 102–3.140 and section 10(a)(3) of the

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Federal Advisory Committee Act, the Dated: March 23, 2017. which 50 percent or more of the public or interested organizations may Aaron Siegel, students are from low-income families. submit written comments or statements Alternate OSD Federal Register Liaison Background: The arts are included in to the Government-Industry Advisory Officer, Department of Defense. the list of subjects comprising a well- Panel about its mission and/or the [FR Doc. 2017–06081 Filed 3–27–17; 8:45 am] rounded education as set out under topics to be addressed in this public BILLING CODE 5001–06–P section 8101 of the ESEA. Teachers of meeting. Written comments or the arts, like teachers in other subject statements should be submitted to LTC areas, need opportunities to gain Lunoff, the committee DFO, via knowledge and skills through high- electronic mail, the preferred mode of DEPARTMENT OF EDUCATION quality professional development. Since submission, at the email address listed 2002, the PDAE program has helped to in the FOR FURTHER INFORMATION Applications for New Awards; provide these opportunities for Assistance for Arts Education CONTACT section in the following thousands of teachers, with an emphasis formats: Adobe Acrobat or Microsoft Programs—Professional Development on both providing sustained and for Arts Educators Grants Word. The comment or statement must intensive professional development and building capacity for continuation and include the author’s name, title, AGENCY: Office of Innovation and expansion of professional development affiliation, address, and daytime Improvement, Department of Education. efforts beyond the Federal grant period. telephone number. Written comments or ACTION: Notice. statements being submitted in response However, the need for these to the agenda set forth in this notice Overview Information: opportunities remains great. must be received by the committee DFO Assistance for Arts Education A survey of schools by the U.S. Department of Education (Department) at least five (5) business days prior to Programs—Professional Development 2 the meeting so that they may be made for Arts Educators (PDAE) Grants Notice in 2009–2010 indicated the need for increased professional development available to the Government-Industry inviting applications for new awards for opportunities for teachers of the arts. Advisory Panel for its consideration fiscal year (FY) 2017. Approximately one-third of high prior to the meeting. Written comments Catalog of Federal Domestic Assistance schools reported having no professional or statements received after this date (CFDA) Number: 84.351C. development opportunities available for may not be provided to the panel until Dates: music and visual arts teachers. For its next meeting. Please note that Applications Available: March 28, elementary schools, approximately 40 because the panel operates under the 2017. percent of music and visual arts provisions of the Federal Advisory Deadline for Notice of Intent to Apply: teachers did not have professional Committee Act, as amended, all written April 27, 2017. development opportunities. For the comments will be treated as public Date of Pre-Application Webinar: For disciplines of dance and drama, fewer documents and will be made available information about the pre-application than 20 percent of districts offered for public inspection. Webinar, visit the Arts in Education professional development opportunities Verbal Comments: Members of the (AIE) Web site at: https:// for elementary school teachers. public will be permitted to make verbal innovation.ed.gov/what-we-do/arts/. Professional development in the arts comments during the meeting only at Deadline for Transmittal of is important for both arts classrooms the time and in the manner allowed Applications: May 30, 2017. and integration of the arts with other herein. If a member of the public is Deadline for Intergovernmental subjects in a well-rounded education. interested in making a verbal comment Review: July 26, 2017. Arts educators need to continually gain at the open meeting, that individual new knowledge and skills in the arts Full Text of Announcement must submit a request, with a brief disciplines in order to effectively plan, statement of the subject matter to be I. Funding Opportunity Description deliver, and assess learning in the arts. addressed by the comment, at least three Purpose of Program: The Assistance In addition, high-quality professional (3) business days in advance to the for Arts Education program is development is required to ensure that committee DFO, via electronic mail, the authorized under Title IV, Part F, arts educators, general classroom preferred mode of submission, at the Subpart 4 of the Elementary and teachers, and non-arts subject teachers email address listed in the FOR FURTHER Secondary Education Act (ESEA), as effectively plan, collaborate, implement, INFORMATION CONTACT section. The amended by the Every Student Succeeds and assess arts-integration learning committee DFO will log each request to Act (ESSA).1 It is intended to enrich the based on relevant content, performance make a comment, in the order received, academic experiences by promoting arts standards, and research on effective and determine whether the subject education for students, including professional development and arts- matter of each comment is relevant to disadvantaged students and students integration curriculum and pedagogy. the panel’s mission and/or the topics to who are children with disabilities. The High achievement standards in the arts be addressed in this public meeting. A Professional Development for Arts need to be maintained in both arts- 30-minute period near the end of the Educators grant (PDAE) specifically specific and arts-integrated classrooms. meeting will be available for verbal supports the implementation of high- Further, arts educators and other public comments. Members of the quality model professional development instructional staff need opportunities to public who have requested to make a programs for arts educators and other benefit from technology-enhanced verbal comment and whose comments instructional staff in the areas of music, professional development strategies and have been deemed relevant under the dance, drama, media arts, and visual to learn how to integrate digital process described in this paragraph, will arts, including folk arts, for students in be allotted no more than five (5) kindergarten through grade 12 (K–12) in 2 Arts Education in Public Elementary and minutes during this period, and will be Secondary Schools, 1999–2000 and 2009–10, National Center for Education Statistics, 2012, invited to speak in the order in which 1 Unless otherwise indicated, all references to the https://nces.ed.gov/pubsearch/ their requests were received by the DFO. ESEA are to the ESEA, as amended by the ESSA. pubsinfo.asp?pubid=2012014rev.

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instructional and assessment tools into educators’ access to high-quality Evidence of promise means there is arts and arts-integrated classrooms. accessible digital tools, assessments, empirical evidence to support the As States continue to revise their arts and materials, particularly open theoretical linkage(s) between at least standards, teachers of the arts, including educational resources. one critical component and at least one arts specialists, non-arts classroom (b) Implementing high-quality, relevant outcome presented in the logic teachers, teaching artists, and other accessible online courses, online model for the proposed process, instructional staff, need opportunities to learning communities, or online product, strategy, or practice. gain new knowledge and skills based on simulations, such as those for which Specifically, evidence of promise means State standards and to implement that educators could earn professional the conditions in paragraphs (i) and (ii) knowledge and skills in K–12 development credit or continuing of this definition are met: classrooms. Since 2004, arts education education units through digital (i) There is at least one study that is has been guided by national voluntary credentials based on demonstrated a— standards; 49 States and the District of mastery of competencies and (A) Correlational study with statistical Columbia currently have State arts performance-based outcomes, instead of controls for selection bias; standards. In 2014, the National traditional time-based metrics. (B) Quasi-experimental study that Coalition for Core Arts Standards Application Requirement: To be meets the What Works Clearinghouse (NCAS) released new voluntary pre-K to eligible for PDAE program funds, Evidence Standards with reservations; grade 12 arts standards. Fourteen States applicants must propose to implement or have adopted new, or revised existing, professional development programs for (C) Randomized controlled trial that arts standards that reflect the primary arts educators and other instructional meets the What Works Clearinghouse concepts of the NCAS standards.3 staff serving schools that meet the Evidence Standards with or without The 2009–2010 Department survey following requirement: 50 percent or reservations. referenced above also indicated an more of the students served by the K– (ii) The study referenced in paragraph ‘‘arts-opportunity gap’’ for thousands of 12 school are from low-income families (i) of this definition found a statistically American students who receive minimal (based on the poverty criteria in Title I, significant or substantively important or no access to arts education.4 That gap Section 1113(a)(5) of the ESEA). (defined as a difference of 0.25 standard is greatest for disadvantaged students in Note: Applicants will be required to deviations or larger), favorable mid-high and high-poverty schools.5 provide in the application school enrollment association between at least one critical Accordingly, continuation of the data from the most recent school year component and one relevant outcome requirement that schools participating available to show evidence of LEA and presented in the logic model for the in PDAE projects have a minimum 50 school eligibility under this requirement. proposed process, product, strategy, or percent of students from low-income Definitions: The definitions of ‘‘arts,’’ practice. families supports the program’s ‘‘arts educator,’’ and ‘‘integrate’’ are Integrate means to strengthen (i) the statutory purpose to promote arts from the notice of final priority, use of high-quality arts instruction education for disadvantaged students. requirements, and definitions for this within other academic content areas, Priority: This notice contains one program (2005 NFP), published in the and (ii) the place of the arts as a core competitive preference priority. We are Federal Register on March 30, 2005 (70 academic subject in the school establishing this priority for the FY 2017 FR 16242). The definitions of ‘‘evidence curriculum. grant competition and any subsequent of promise,’’ ‘‘logic model,’’ Local educational agency means a year in which we make awards from the ‘‘randomized controlled trial,’’ ‘‘relevant public board of education or other list of unfunded applications from this outcome,’’ ‘‘quasi-experimental design public authority legally constituted competition, in accordance with section study,’’ ‘‘What Works Clearinghouse within a State for either administrative 437(d)(1) of the General Education Evidence Standards,’’ and ‘‘strong control or direction of, or to perform a Provisions Act (GEPA), 20 U.S.C. theory’’ are from 34 CFR 77.1(c). The service function for, public elementary 1232(d)(1). definitions for the terms ‘‘digital schools or secondary schools in a city, Competitive Preference Priority: This credentials,’’ and ‘‘open educational county, township, school district, or priority is a competitive preference resources’’ are from the Secretary’s other political subdivision of a State, or priority. Under 34 CFR 75.105(c)(2) we supplemental priorities. The definition of or for a combination of school award up to an additional five points to for the term local educational agency is districts or counties that is recognized an application, depending on how well from section 8101 of the ESEA. The in a State as an administrative agency the application meets this priority. definition of ‘‘sustained and intensive’’ for its public elementary schools or This priority is: is specific to the program’s Government secondary schools. The term includes— Leveraging Technology to Support Performance and Results Act (GPRA) (i) Any other public institution or Instructional Practice and Professional measure only. agency having administrative control Development Projects (up to 5 points). Arts includes music, dance, theater, and direction of a public elementary Projects that are designed to leverage media arts, and visual arts, including school or secondary school; technology through one or more of the folk arts. (ii) An elementary school or following: Arts educator means a teacher who secondary school funded by the Bureau (a) Using high-speed Internet access works in music, dance, theater, media of Indian Education but only to the and devices to increase students’ and arts, or visual arts, including folk arts. extent that including the school makes Digital credentials means evidence of the school eligible for programs for 3 Arts Education Partnership ArtScan, www.ecs.org/ec-content/uploads/2016-State-of-the- mastery of specific competencies or which specific eligibility is not States-of-Art.pdf. performance-based abilities, provided in provided to the school in another 4 Arts Education in Public Elementary and digital rather than physical medium provision of law and the school does not Secondary Schools, 1999–2000 and 2009–10, (such as through digital badges). These have a student population that is National Center for Education Statistics, 2012, digital credentials may then be used to smaller than the student population of https://nces.ed.gov/pubsearch/ pubsinfo.asp?pubid=2012014rev. supplement or satisfy continuing the LEA receiving assistance under the 5 https://nces.ed.gov/programs/coe/indicator_ education or professional development ESEA with the smallest student clb.asp. requirements. population, except that the school shall

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not be subject to the jurisdiction of any definitions, requirements, and selection of funds and the approval of State educational agency (SEA) other criteria. Section 437(d)(1) of GEPA, continuation awards (see 34 CFR than the Bureau of Indian Education; however, allows the Secretary to exempt 75.253). (iii) Educational service agencies and from rulemaking requirements, Estimated Number of Awards: 20–25. consortia of those agencies; and regulations governing the first grant Note: The Department is not bound by any (iv) The SEA in a State in which the competition under a new or estimates in this notice. SEA is the sole educational agency for substantially revised program authority. all public schools. This is the first grant competition under Project Period: Up to 48 months Logic model (also referred to as theory section 4642(a)(1)(A) of the ESEA, and (subject to availability of funds). of action) means a well-specified therefore qualifies for this exemption. In Note: Based on past experience of PDAE conceptual framework that identifies order to ensure timely grant awards, the grantees, applicants are encouraged to use key components of the proposed Secretary has decided to forgo public the first 12 months of the project period to process, product, strategy, or practice comment on the priority and refine the evaluation design and instruments, (i.e., the active ‘‘ingredients’’ that are requirements under section 437(d)(1) of specifically those related to the program’s hypothesized to be critical to achieving GPRA measures, build capacity to execute GEPA. The priority and requirements the evaluation, and ensure that program the relevant outcomes) and describes will apply to the FY 2017 grant design and implementation are aligned with the relationships among the key competition and any subsequent year in the evaluation requirements. components and outcomes, theoretically which we make awards from the list of and operationally. unfunded applications from this III. Eligibility Information Open educational resources means competition. teaching, learning, and research Program Authority: 20 U.S.C. 7291– 1. Eligible Applicants: An LEA in resources that reside in the public 7292. which 20 percent or more of the domain or have been released under an Applicable Regulations: (a) The students served by the LEA are from intellectual property license that Education Department General families with an income below the permits their free use and repurposing Administrative Regulations (EDGAR) in Federal poverty line, and which may be by others. 34 CFR parts 75, 77, 79, 81, 82, 84, 86, a charter school that is considered an Randomized controlled trial means a 97, 98, and 99. (b) The Office of LEA under State law and regulations, study that employs random assignment Management and Budget (OMB) and that works in partnership with one of, for example, students, teachers, Guidelines to Agencies on or more of the following: classrooms, schools, or districts to Governmentwide Debarment and (a) A Regional Service Agency; receive the intervention being evaluated Suspension (Nonprocurement) in 2 CFR (b) An SEA (the treatment group) or not to receive part 180, as adopted and amended as (c) An institution of higher education; the intervention (the control group). The regulations of the Department in 2 CFR or estimated effectiveness of the part 3485. (c) The Uniform (d) A museum or cultural institution, intervention is the difference between Administrative Requirements, Cost or another private agency, institution, or the average outcome for the treatment Principles, and Audit Requirements for organization. group and for the control group. These Federal Awards in 2 CFR part 200, as 2. a. Cost Sharing or Matching: This studies, depending on design and adopted and amended as regulations of program does not require cost sharing or implementation, can meet What Works the Department in 2 CFR part 3474. (d) matching. Clearinghouse Evidence Standards Secretary’s Supplemental Priorities. (e) b. Supplement-Not-Supplant: This without reservations. The 2005 NFP. program involves supplement-not- Relevant outcome means the student supplant funding requirements. In outcome(s) (or the ultimate outcome if II. Award Information accordance with section 4110 of the not related to students) the proposed Type of Award: Discretionary grants. ESEA, funds made available under this process, product, strategy, or practice is Estimated Available Funds: The subpart shall be used to supplement, designed to improve; consistent with Further Continuing and Security and not supplant, non-Federal funds the specific goals of a program. Assistance Appropriations Act, 2017, that would otherwise be used for Strong theory means a rationale for would provide, on an annualized basis, activities authorized under this subpart. the proposed process, product, strategy, $26,948,673 for the Arts in Education 3. Coordination Requirement: In or practice that includes a logic model. program, of which we would use an accordance with section 4642(b)(1) of Sustained and intensive means to estimated $7,100,000 for this the ESEA, grantees are required to complete 40 hours of professional competition. The actual level of coordinate, to the extent practicable, development and 75 percent of the total funding, if any, depends on final each project or program carried out with number of professional development congressional action. However, we are such assistance with appropriate hours offered over a period of six or inviting applications to allow enough activities of public or private cultural more months. time to complete the grant process if agencies, institutions, and What Works Clearinghouse Evidence Congress appropriates funds for this organizations, including museums, arts Standards means the standards set forth program. education associations, libraries, and in the What Works Clearinghouse Contingent upon the availability of theaters. Procedures and Standards Handbook funds and the quality of applications, IV. Application and Submission (Version 3.0, March 2014), which can be we may make additional awards in Information found at the following link: http:// future years from the list of unfunded ies.ed.gov/ncee/wwc/ applications from this competition. 1. Address To Request Application DocumentSum.aspx?sid=19. Estimated Range of Awards: Package: You can obtain an application Waiver of Proposed Rulemaking: $150,000–$375,000. package via the Internet or from the Under the Administrative Procedure Act Estimated Average Size of Awards: Education Publications Center (ED (5 U.S.C. 553), the Department generally $300,000 for the first year of the project. Pubs). To obtain a copy via the Internet, offers interested parties the opportunity Funding for the second, third, and use the following address: https:// to comment on proposed priorities, fourth years is subject to the availability innovation.ed.gov/what-we-do/arts/arts-

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in-education-professional-development- text in charts, tables, figures, and electronically, or in paper format by for-arts-educators/. To obtain a copy graphs. mail or hand delivery if you qualify for from ED Pubs, write, fax, or call: ED • Use a font that is either 12 point or an exception to the electronic Pubs, U.S. Department of Education, larger or no smaller than 10 pitch submission requirement, please refer to P.O. Box 22207, Alexandria, VA 22304. (characters per inch). Other Submission Requirements in Telephone, toll free: 1–877–433–7827. • Use one of the following fonts: section IV of this notice. FAX: (703) 605–6794. If you use a Times New Roman, Courier, Calibri, or We do not consider an application telecommunications device for the deaf Arial. that does not comply with the deadline (TDD) or a text telephone (TTY), call, The suggested page limit does not requirements. toll free: 1–877–576–7734. apply to the cover sheet; the budget Individuals with disabilities who You can contact ED Pubs at its Web section, including the narrative budget need an accommodation or auxiliary aid site, also: www.EDPubs.gov or at its justification; the assurances and in connection with the application email address: [email protected]. certifications; or the one-page abstract, process should contact the person listed If you request an application package the resumes, the bibliography, or the under FOR FURTHER INFORMATION from ED Pubs, be sure to identify this letters of support. However, the CONTACT in section VII of this notice. If program or competition as follows: suggested page limit does apply to all of the Department provides an CFDA number 84.351C. the application narrative. accommodation or auxiliary aid to an Individuals with disabilities can b. Submission of Proprietary individual with a disability in obtain a copy of the application package Information: Given the types of projects connection with the application in an accessible format (e.g., braille, that may be proposed in applications for process, the individual’s application large print, audiotape, or compact disc) the PDAE program, your application remains subject to all other by contacting the person or team listed may include business information that requirements and limitations in this under Accessible Format in section VIII you consider proprietary. In 34 CFR notice. of this notice. 5.11 we define ‘‘business information’’ Deadline for Intergovernmental 2. Content and Form of Application and describe the process we use in Review: July 26, 2017. Submission: Requirements concerning determining whether any of that 4. Intergovernmental Review: This the content and form of an application, information is proprietary and, thus, program is subject to Executive Order together with the forms you must protected from disclosure under 12372 and the regulations in 34 CFR submit, are in the application package Exemption 4 of the Freedom of part 79. Information about for this program. Information Act (5 U.S.C. 552, as Intergovernmental Review of Federal Notice of Intent To Apply: We will be amended). Programs under Executive Order 12372 Because we plan to make successful able to develop a more efficient process is in the application package for this applications available to the public, you for reviewing grant applications if we program. may wish to request confidentiality of 5. Funding Restrictions: We reference can anticipate the number of applicants business information. regulations outlining funding that intend to apply for funding under Consistent with Executive Order restrictions in the Applicable this competition. Therefore, we strongly 12600, please designate in your Regulations section of this notice. encourage each potential applicant to application any information that you 6. Data Universal Numbering System notify us of the applicant’s intent to believe is exempt from disclosure under Number, Taxpayer Identification submit an application for funding by Exemption 4. In the appropriate Number, and System for Award sending a short email message. This Appendix section of your application, Management: To do business with the short email should provide (1) the under ‘‘Other Attachments Form,’’ Department of Education, you must— applicant organization’s name and please list the page number or numbers a. Have a Data Universal Numbering address; and (2) whether the applicant on which we can find this information. System (DUNS) number and a Taxpayer intends to address the competitive For additional information please see 34 Identification Number (TIN); preference priority. Please send this CFR 5.11(c). b. Register both your DUNS number email notification to 3. Submission Dates and Times: and TIN with the System for Award [email protected] with Applications Available: March 28, Management (SAM), the Government’s ‘‘Intent to Apply’’ in the email subject 2017. primary registrant database; line. Applicants that do not provide this Deadline for Notice of Intent To c. Provide your DUNS number and email notification may still apply for Apply: April 27, 2017. TIN on your application; and funding and are not required to, or Deadline for Transmittal of d. Maintain an active SAM prohibited from, addressing the Applications: May 30, 2017. registration with current information competitive preference priority. A pre-application Webinar will be while your application is under review Page Limit: The application narrative held for this competition shortly after by the Department and, if you are is where you, the applicant, address the this notice’s publication in the Federal awarded a grant, during the project selection criteria that reviewers use to Register. The Webinar is intended to period. evaluate your application. We provide technical assistance to all You can obtain a DUNS number from recommend that you limit the interested grant applicants. For Dun and Bradstreet at the following application narrative to no more than 50 information about the pre-application Web site: http://fedgov.dnb.com/ pages, using the following standards: Webinar, visit the AIE Web site at: webform. A DUNS number can be • A ‘‘page’’ is 8.5″ x 11″, on one side https://innovation.ed.gov/what-we-do/ created within one to two business days. only, with 1″ margins at the top, bottom, arts/. If you are a corporate entity, agency, and both sides. Applications for grants under this institution, or organization, you can • Double space (no more than three program must be submitted obtain a TIN from the Internal Revenue lines per vertical inch) all text in the electronically using the Grants.gov Service. If you are an individual, you application narrative, including titles, Apply site (Grants.gov). For information can obtain a TIN from the Internal headings, footnotes, quotations, (including dates and times) about how Revenue Service or the Social Security references, and captions, as well as all to submit your application Administration. If you need a new TIN,

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please allow two to five weeks for your qualify for one of the exceptions to the at www.G5.gov. In addition, for specific TIN to become active. electronic submission requirement and guidance and procedures for submitting The SAM registration process can take submit, no later than two weeks before an application through Grants.gov, approximately seven business days, but the application deadline date, a written please refer to the Grants.gov Web site may take upwards of several weeks, statement to the Department that you at: www.grants.gov/web/grants/ depending on the completeness and qualify for one of these exceptions. applicants/apply-for-grants.html. accuracy of the data you enter into the Further information regarding • You will not receive additional SAM database. Thus, if you think you calculation of the date that is two weeks point value because you submit your might want to apply for Federal before the application deadline date is application in electronic format, nor financial assistance under a program provided later in this section under will we penalize you if you qualify for administered by the Department, please Exception to Electronic Submission an exception to the electronic allow sufficient time to obtain and Requirement. submission requirement, as described register your DUNS number and TIN. You may access the electronic grant elsewhere in this section, and submit We strongly recommend that you application for the PDAE competition at your application in paper format. register early. www.Grants.gov. You must search for • You must submit all documents the downloadable application package Note: Once your SAM registration is active, electronically, including all information it may be 24 to 48 hours before you can for this program by the CFDA number. you typically provide on the following access the information in, and submit an Do not include the CFDA number’s forms: The Application for Federal application through, Grants.gov. alpha suffix in your search (e.g., search Assistance (SF 424), the Department of for 84.351, not 84.351C). If you are currently registered with Education Supplemental Information for Please note the following: SF 424, Budget Information—Non- SAM, you may not need to make any • When you enter the Grants.gov site, Construction Programs (ED 524), and all changes. However, please make certain you will find information about that the TIN associated with your DUNS necessary assurances and certifications. submitting an application electronically • number is correct. Also note that you through the site, as well as the hours of You must upload any narrative will need to update your registration operation. sections and all other attachments to annually. This may take three or more • Applications received by your application as files in a read-only, business days. Grants.gov are date and time stamped. non-modifiable Portable Document Information about SAM is available at Your application must be fully Format (PDF). Do not upload an www.SAM.gov. To further assist you uploaded and submitted and must be interactive or fillable PDF file. If you with obtaining and registering your date and time stamped by the upload a file type other than a read- DUNS number and TIN in SAM or Grants.gov system no later than 4:30:00 only, non-modifiable PDF (e.g., Word, updating your existing SAM account, p.m., Washington, DC time, on the Excel, WordPerfect, etc.) or submit a we have prepared a SAM.gov Tip Sheet, application deadline date. Except as password-protected file, we will not which you can find at: www2.ed.gov/ otherwise noted in this section, we will review that material. Please note that fund/grant/apply/sam-faqs.html. not accept your application if it is this could result in your application not In addition, if you are submitting your received—that is, date and time being considered for funding because application via Grants.gov, you must (1) stamped by the Grants.gov system—after the material in question—for example, be designated by your organization as an 4:30:00 p.m., Washington, DC time, on the application narrative—is critical to a Authorized Organization Representative the application deadline date. We do meaningful review of your proposal. For (AOR); and (2) register yourself with not consider an application that does that reason it is important to allow Grants.gov as an AOR. Details on these not comply with the deadline yourself adequate time to upload all steps are outlined at the following requirements. When we retrieve your material as PDF files. The Department Grants.gov Web page: www.grants.gov/ application from Grants.gov, we will will not convert material from other web/grants/register.html. notify you if we are rejecting your formats to PDF. 7. Other Submission Requirements: application because it was date and time • Your electronic application must Applications for grants under this stamped by the Grants.gov system after comply with any page-limit program must be submitted 4:30:00 p.m., Washington, DC time, on requirements described in this notice. electronically unless you qualify for an the application deadline date. • After you electronically submit exception to this requirement in • The amount of time it can take to your application, you will receive from accordance with the instructions in this upload an application will vary Grants.gov an automatic notification of section. depending on a variety of factors, receipt that contains a Grants.gov a. Electronic Submission of including the size of the application and tracking number. This notification Applications. the speed of your Internet connection. indicates receipt by Grants.gov only, not Applications for grants under Therefore, we strongly recommend that receipt by the Department. Grants.gov Assistance for Arts Education—PDAE, you do not wait until the application will also notify you automatically by CFDA number 84.351C, must be deadline date to begin the submission email if your application met all the submitted electronically using the process through Grants.gov. Grants.gov validation requirements or if Governmentwide Grants.gov Apply site • You should review and follow the there were any errors (such as at www.Grants.gov. Through this site, Education Submission Procedures for submission of your application by you will be able to download a copy of submitting an application through someone other than a registered the application package, complete it Grants.gov that are included in the Authorized Organization offline, and then upload and submit application package for this program to Representative, or inclusion of an your application. You may not email an ensure that you submit your application attachment with a file name that electronic copy of a grant application to in a timely manner to the Grants.gov contains special characters). You will be us. system. You can also find the Education given an opportunity to correct any We will reject your application if you Submission Procedures pertaining to errors and resubmit, but you must still submit it in paper format unless, as Grants.gov under News and Events on meet the deadline for submission of described elsewhere in this section, you the Department’s G5 system home page applications.

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Once your application is successfully of, or technical problems with, the Grants.gov (2) A legible mail receipt with the validated by Grants.gov, the Department system. We will not grant you an extension date of mailing stamped by the U.S. will retrieve your application from if you failed to fully register to submit your Postal Service. Grants.gov and send you an email with application to Grants.gov before the (3) A dated shipping label, invoice, or a unique PR/Award number for your application deadline date and time or if the receipt from a commercial carrier. technical problem you experienced is application. unrelated to the Grants.gov system. (4) Any other proof of mailing These emails do not mean that your acceptable to the Secretary of the U.S. application is without any disqualifying Exception to Electronic Submission Department of Education. errors. While your application may have Requirement: You qualify for an If you mail your application through been successfully validated by exception to the electronic submission the U.S. Postal Service, we do not Grants.gov, it must also meet the requirement, and may submit your accept either of the following as proof Department’s application requirements application in paper format, if you are of mailing: as specified in this notice and in the unable to submit an application through (1) A private metered postmark. application instructions. Disqualifying the Grants.gov system because— (2) A mail receipt that is not dated by errors could include, for instance, • You do not have access to the the U.S. Postal Service. failure to upload attachments in a read- Internet; or • You do not have the capacity to Note: The U.S. Postal Service does not only, non-modifiable PDF; failure to uniformly provide a dated postmark. Before submit a required part of the upload large documents to the relying on this method, you should check application; or failure to meet applicant Grants.gov system; with your local post office. eligibility requirements. It is your and • No later than two weeks before the We will not consider applications responsibility to ensure that your postmarked after the application submitted application has met all of the application deadline date (14 calendar days or, if the fourteenth calendar day deadline date. Department’s requirements. c. Submission of Paper Applications • We may request that you provide us before the application deadline date by Hand Delivery. original signatures on forms at a later falls on a Federal holiday, the next If you qualify for an exception to the date. business day following the Federal Application Deadline Date Extension holiday), you mail or fax a written electronic submission requirement, you in Case of Technical Issues with the statement to the Department, explaining (or a courier service) may deliver your Grants.gov System: If you are which of the two grounds for an paper application to the Department by experiencing problems submitting your exception prevents you from using the hand. You must deliver the original and application through Grants.gov, please Internet to submit your application. two copies of your application by hand, contact the Grants.gov Support Desk, If you mail your written statement to on or before the application deadline toll free, at 1–800–518–4726. You must the Department, it must be postmarked date, to the Department at the following obtain a Grants.gov Support Desk Case no later than two weeks before the address: U.S. Department of Education, Number and must keep a record of it. application deadline date. If you fax Application Control Center, Attention: If you are prevented from your written statement to the (CFDA Number 84.351C), 550 12th electronically submitting your Department, we must receive the faxed Street SW., Room 7039, Potomac Center application on the application deadline statement no later than two weeks Plaza, Washington, DC 20202–4260. date because of technical problems with before the application deadline date. The Application Control Center the Grants.gov system, we will grant you Address and mail or fax your accepts hand deliveries daily between an extension until 4:30:00 p.m., statement to: Bonnie Carter, U.S. 8:00 a.m. and 4:30:00 p.m., Washington, Washington, DC time, the following Department of Education, 400 Maryland DC time, except Saturdays, Sundays, business day to enable you to transmit Avenue SW., Room 4W223, and Federal holidays. your application electronically or by Washington, DC 20202–6200. FAX: Note: Note for Mail or Hand Delivery of hand delivery. You also may mail your (202) 205–5630. Paper Applications: application by following the mailing Your paper application must be If you mail or hand deliver your instructions described elsewhere in this submitted in accordance with the mail application to the Department— notice. or hand delivery instructions described (1) You must indicate on the envelope If you submit an application after in this notice. and—if not provided by the 4:30:00 p.m., Washington, DC time, on b. Submission of Paper Applications Department—in Item 11 of the SF 424 the application deadline date, please by Mail. the CFDA number, including suffix contact the person listed under FOR If you qualify for an exception to the letter, if any, of the competition under FURTHER INFORMATION CONTACT in electronic submission requirement, you which you are submitting your section VII of this notice and provide an may mail (through the U.S. Postal application; and explanation of the technical problem Service or a commercial carrier) your (2) The Application Control Center you experienced with Grants.gov, along application to the Department. You will mail to you a notification of receipt with the Grants.gov Support Desk Case must mail the original and two copies of your grant application. If you do not Number. We will accept your of your application, on or before the receive this notification within 15 application if we can confirm that a application deadline date, to the business days from the application technical problem occurred with the Department at the following address: deadline date, you should call the U.S. Grants.gov system and that the problem U.S. Department of Education, Department of Education Application affected your ability to submit your Application Control Center, Attention: Control Center at (202) 245–6288. application by 4:30:00 p.m., (CFDA Number 84.351C), LBJ Basement Washington, DC time, on the Level 1, 400 Maryland Avenue SW., V. Application Review Information application deadline date. We will Washington, DC 20202–4260. 1. Selection Criteria: The selection contact you after we determine whether You must show proof of mailing criteria for this program are from 34 CFR your application will be accepted. consisting of one of the following: 75.210. Note: The extensions to which we refer in (1) A legibly dated U.S. Postal Service The maximum score for all of the this section apply only to the unavailability postmark. selection criteria is 100 points. The

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maximum score for each criterion is Secretary considers the extent to which award, such as the applicant’s use of included in parentheses following the the applicant encourages applications funds, achievement of project title of the specific selection criterion. for employment from persons who are objectives, and compliance with grant Each criterion also includes the factors members of groups that have conditions. The Secretary may also that reviewers will consider in traditionally been underrepresented consider whether the applicant failed to determining the extent to which an based on race, color, national origin, submit a timely performance report or applicant meets the criterion. gender, age, or disability. In addition, submitted a report of unacceptable Points awarded under these selection the Secretary considers the following quality. criteria are in addition to any points an factors: In addition, in making a competitive applicant earns under the competitive (1) The qualifications, including grant award, the Secretary requires preference priority in this notice. The relevant training and experience, of key various assurances including those maximum score that an application may project personnel. applicable to Federal civil rights laws receive under the competitive (2) The qualifications, including that prohibit discrimination in programs preference priority and the selection relevant training and experience, of or activities receiving Federal financial criteria is 105 points. project consultants or subcontractors. assistance from the Department of D. Quality of the Management Plan A. Need for Project (up to 10 points). Education (34 CFR 100.4, 104.5, 106.4, The Secretary considers the need for (up to 20 points). 108.8, and 110.23). the proposed project. In determining the The Secretary considers the quality of need for the proposed project, the the management plan for the proposed 3. Risk Assessment and Special Secretary considers the following project. In determining the quality of the Conditions: Consistent with 2 CFR factors: management plan for the proposed 200.205, before awarding grants under (1) The extent to which the proposed project, the Secretary considers the this program the Department conducts a project will focus on serving or following factors: review of the risks posed by applicants. otherwise addressing the needs of (1) The adequacy of the management Under 2 CFR 3474.10, the Secretary may disadvantaged individuals. plan to achieve the objectives of the impose special conditions and, in (2) The extent to which specific gaps proposed project on time and within appropriate circumstances, high-risk or weaknesses in services, budget, including clearly defined conditions on a grant if the applicant or infrastructure, or opportunities have responsibilities, timelines, and grantee is not financially stable; has a been identified and will be addressed by milestones for accomplishing project history of unsatisfactory performance; the proposed project, including the tasks. has a financial or other management nature and magnitude of those gaps or (2) The adequacy of procedures for system that does not meet the standards weaknesses. ensuring feedback and continuous in 2 CFR part 200, subpart D; has not B. Quality of Project Services (up to improvement in the operation of the fulfilled the conditions of a prior grant; 25 points). proposed project. or is otherwise not responsible. The Secretary considers the quality of (3) The extent to which the time 4. Integrity and Performance System: the services to be provided by the commitments of the project director and If you are selected under this proposed project. In determining the principal investigator and other key competition to receive an award that quality of the services to be provided by project personnel are appropriate and over the course of the project period the proposed project, the Secretary adequate to meet the objectives of the may exceed the simplified acquisition considers the quality and sufficiency of proposed project. threshold (currently $150,000), under 2 strategies for ensuring equal access and E. Quality of the Project Evaluation CFR 200.205(a)(2) we must make a treatment for eligible project (up to 30 points). judgment about your integrity, business The Secretary considers the quality of participants who are members of groups ethics, and record of performance under the evaluation to be conducted of the that have traditionally been Federal awards—that is, the risk posed proposed project. In determining the underrepresented based on race, color, by you as an applicant—before we make quality of the evaluation, the Secretary national origin, gender, age, or an award. In doing so, we must consider considers the following factors: disability. In addition, the Secretary any information about you that is in the (1) The extent to which the methods considers the following factors: integrity and performance system of evaluation include the use of (1) The extent to which the services (currently referred to as the Federal objective performance measures that are to be provided by the proposed project Awardee Performance and Integrity clearly related to the intended outcomes reflect up-to-date knowledge from Information System (FAPIIS)), of the project and will produce research and effective practice. accessible through SAM. You may (2) The likely impact of the services quantitative and qualitative data to the review and comment on any to be provided by the proposed project extent possible. information about yourself that a on the intended recipients of those (2) The extent to which the methods Federal agency previously entered and services. of evaluation will provide performance (3) The extent to which the training or feedback and permit periodic that is currently in FAPIIS. professional development services to be assessment of progress toward achieving Please note that, if the total value of provided by the proposed project are of intended outcomes. your currently active grants, cooperative sufficient quality, intensity, and (3) The extent to which the proposed agreements, and procurement contracts duration to lead to improvements in project is supported by strong theory (as from the Federal Government exceeds practice among the recipients of those defined in this notice). $10,000,000, the reporting requirements services. 2. Review and Selection Process: We in 2 CFR part 200, Appendix XII, C. Quality of Project Personnel (up to remind potential applicants that in require you to report certain integrity 15 points). reviewing applications in any information to FAPIIS semiannually. The Secretary considers the quality of discretionary grant competition, the Please review the requirements in 2 CFR the personnel who will carry out the Secretary may consider, under 34 CFR part 200, Appendix XII, if this grant proposed project. In determining the 75.217(d)(3), the past performance of the plus all the other Federal funds you quality of project personnel, the applicant in carrying out a previous receive exceed $10,000,000.

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VI. Award Administration Information professional development that is published in the Federal Register, in 1. Award Notices: If your application sustained and intensive. The second text or PDF. To use PDF you must have is successful, we notify your U.S. GPRA measure is: The percentage of Adobe Acrobat Reader, which is Representative and U.S. Senators and PDAE projects whose teachers show a available free at the site. You may also access documents of the send you a Grant Award Notification statistically significant increase in Department published in the Federal (GAN); or we may send you an email content knowledge in the arts. In Register by using the article search containing a link to access an electronic implementing this measure, grantees feature at: www.federalregister.gov. version of your GAN. We may notify will be expected to administer a pre-test and a post-test of teacher content Specifically, through the advanced you informally, also. If your application is not evaluated or knowledge in the arts. The pre-test and search feature at this site, you can limit not selected for funding, we notify you. post-test should be the same test or your search to documents published by 2. Administrative and National Policy equivalent versions of the test. the Department. Requirements: We identify Successful applicants will be expected Dated: March 23, 2017. to include professional development administrative and national policy Margo Anderson, data in their annual performance reports requirements in the application package to the Department. Acting Assistant Deputy Secretary for Office and reference these and other of Innovation and Improvement. 5. Continuation Awards: In making a requirements in the Applicable continuation award under 34 CFR [FR Doc. 2017–06123 Filed 3–27–17; 8:45 am] Regulations section of this notice. 75.253, the Secretary considers, among BILLING CODE 4000–01–P We reference the regulations outlining other things: Whether a grantee has the terms and conditions of an award in made substantial progress in achieving the Applicable Regulations section of the goals and objectives of the project; DEPARTMENT OF EDUCATION this notice and include these and other whether the grantee has expended funds [Docket No. ED–2017–ICCD–0043] specific conditions in the GAN. The in a manner that is consistent with its GAN also incorporates your approved approved application and budget; and, Agency Information Collection application as part of your binding if the Secretary has established Activities; Comment Request; The commitments under the grant. performance measurement College Assistance Migrant Program 3. Reporting: (a) If you apply for a requirements, the performance targets in (CAMP) Annual Performance Report grant under this competition, you must the grantee’s approved application. (APR) ensure that you have in place the In making a continuation award, the AGENCY: Office of Elementary and necessary processes and systems to Secretary also considers whether the Secondary Education (OESE), comply with the reporting requirements grantee is operating in compliance with Department of Education (ED). in 2 CFR part 170 should you receive the assurances in its approved funding under the competition. This application, including those applicable ACTION: Notice. does not apply if you have an exception to Federal civil rights laws that prohibit SUMMARY: under 2 CFR 170.110(b). In accordance with the discrimination in programs or activities Paperwork Reduction Act of 1995, ED is (b) At the end of your project period, receiving Federal financial assistance you must submit a final performance proposing an extension of an existing from the Department (34 CFR 100.4, information collection. report, including financial information, 104.5, 106.4, 108.8, and 110.23). as directed by the Secretary. If you DATES: Interested persons are invited to receive a multiyear award, you must VII. Agency Contact submit comments on or before May 30, 2017. submit an annual performance report FOR FURTHER INFORMATION CONTACT: ADDRESSES: To access and review all the that provides the most current Bonnie Carter, U.S. Department of documents related to the information performance and financial expenditure Education, 400 Maryland Avenue SW., collection listed in this notice, please information as directed by the Secretary room 4W223, Washington, DC 20202– use http://www.regulations.gov by under 34 CFR 75.118. The Secretary 6200. Telephone: (202) 401–3576 or by searching the Docket ID number ED– may also require more frequent email: [email protected]. performance reports under 34 CFR If you use a TDD or a TTY, call the 2017–ICCD–0043. Comments submitted 75.720(c). For specific requirements on FRS, toll free, at 1–800–877–8339. in response to this notice should be reporting, please go to www.ed.gov/ submitted electronically through the fund/grant/apply/appforms/ VIII. Other Information Federal eRulemaking Portal at http:// appforms.html. Accessible Format: Individuals with www.regulations.gov by selecting the (c) Under 34 CFR 75.250(b), the disabilities can obtain this document Docket ID number or via postal mail, Secretary may provide a grantee with and a copy of the application package in commercial delivery, or hand delivery. additional funding for data collection an accessible format (e.g., braille, large Please note that comments submitted by analysis and reporting. In this case the print, audiotape, or compact disc) on fax or email and those submitted after Secretary establishes a data collection request to the program contact person the comment period will not be period. listed under FOR FURTHER INFORMATION accepted. Written requests for 4. Performance Measures: We have CONTACT in section VII of this notice. information or comments submitted by established two GPRA performance Electronic Access to This Document: postal mail or delivery should be measures for the PDAE program. The The official version of this document is addressed to the Director of the first GPRA measure is: The percentage the document published in the Federal Information Collection Clearance of teachers participating in the PDAE Register. Free Internet access to the Division, U.S. Department of Education, program who receive professional official edition of the Federal Register 400 Maryland Avenue SW., LBJ, Room development that is sustained and and the Code of Federal Regulations is 226–62, Washington, DC 20202–4537. intensive (as defined in this notice). In available via the Federal Digital System FOR FURTHER INFORMATION CONTACT: For implementing this measure, the at: www.gpo.gov/fdsys. At this site you specific questions related to collection Department will collect from grantees can view this document, as well as all activities, please contact Tara Ramsey, data on the extent to which they provide other documents of this Department 202–260–2063.

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SUPPLEMENTARY INFORMATION: The addition, EDGAR requires discretionary DEPARTMENT OF ENERGY Department of Education (ED), in grantees to report on their progress accordance with the Paperwork toward meeting the performance Advanced Scientific Computing Reduction Act of 1995 (PRA) (44 U.S.C. measures established for the ED grant Advisory Committee 3506(c)(2)(A)), provides the general program. This data collection is a AGENCY: Office of Science, Department public and Federal agencies with an customized APR that goes beyond the of Energy. opportunity to comment on proposed, generic 524B APR to facilitate the revised, and continuing collections of collection of more standardized and ACTION: Notice of open meeting. information. This helps the Department comprehensive data to inform GPRA, to SUMMARY: This notice announces a assess the impact of its information improve the overall quality of data meeting of the Advanced Scientific collection requirements and minimize collected, and to increase the quality of Computing Advisory Committee the public’s reporting burden. It also data that can be used for evaluation and (ASCAC). The Federal Advisory helps the public understand the to inform policy decisions. Committee requires that public notice of Department’s information collection Dated: March 22, 2017. these meetings be announced in the requirements and provide the requested Federal Register. data in the desired format. ED is Tomakie Washington, soliciting comments on the proposed Acting Director, Information Collection DATES: Tuesday, April 18, 2017; 12:00 information collection request (ICR) that Clearance Division, Office of the Chief Privacy p.m.–5:30 p.m.; Wednesday, April 19, Officer, Office of Management. is described below. The Department of 2017; 8:30 a.m.–5:00 p.m. Education is especially interested in [FR Doc. 2017–06056 Filed 3–27–17; 8:45 am] ADDRESSES: Crystal City Marriott, 1999 public comment addressing the BILLING CODE 4000–01–P Jefferson Davis Highway, Arlington, VA following issues: (1) Is this collection 22202. necessary to the proper functions of the FOR FURTHER INFORMATION CONTACT: Department; (2) will this information be ELECTION ASSISTANCE COMMISSION Christine Chalk, Office of Advanced processed and used in a timely manner; Scientific Computing Research; SC–21/ (3) is the estimate of burden accurate; Sunshine Act Notice; Notice of Public Germantown Building; U.S. Department (4) how might the Department enhance Hearing Agenda of Energy; 1000 Independence Avenue the quality, utility, and clarity of the SW., Washington, DC 20585–1290; information to be collected; and (5) how AGENCY: U.S. Election Assistance Telephone (301) 903–7486. might the Department minimize the Commission. SUPPLEMENTARY INFORMATION: burden of this collection on the ACTION: Sunshine Act Notice; Notice of Purpose of the Committee: To provide respondents, including through the use Public Hearing Agenda advice and guidance on a continuing of information technology. Please note basis to the Office of Science and to the that written comments received in DATE AND TIME: Tuesday, April 4, 2017, Department of Energy on scientific response to this notice will be (10:00 a.m.–12:00 p.m.—EDT) priorities within the field of advanced considered public records. PLACE: 1335 East West Highway (First scientific computing research. Title of Collection: The College Floor Conference Room) Silver Spring, Purpose of the Meeting: This meeting Assistance Migrant Program (CAMP) MD 20910 is the semi-annual meeting of the Annual Performance Report (APR). AGENDA: Commissioners will hold a Committee. OMB Control Number: 1810–0727. Tentative Agenda Topics: Type of Review: An extension of an public hearing to discuss the implications for state and local • View from Washington existing information collection. • Respondents/Affected Public: State, jurisdictions following the Department View from Germantown of Homeland Security’s (DHS) recent • Update on Exascale project activities Local, and Tribal Governments. • Total Estimated Number of Annual designation of election infrastructure as Report from Subcommittee on Responses: 40. a national critical infrastructure Laboratory Directed Research and Total Estimated Number of Annual subsector. Commissioners will hear Development Burden Hours: 1,600. from a panel of state and local election • Update on Charge for Committee of Abstract: The College Assistance administrators about their ideas and Visitors for Research programs Migrant Program (CAMP) office staff approaches for addressing new • Update on Charge for Future collects information for the CAMP circumstances they expect to confront as Computing Technologies programs Annual Performance Report (APR) the a result of the DHS designation. • Technical presentations data being collected is in compliance Commissioners will hear from a panel of • Public Comment (10-minute rule) with Higher Education Act of 1965, as DHS officials on the implications of the The meeting agenda includes an amended, Title IV, Sec. 418A; 20 U.S.C. critical infrastructure designation, and update on the budget, accomplishments 1070d–2 (special programs for students their work with state and local election and planned activities of the Advanced whose families are engaged in migrant officials to promote election security. Scientific Computing Research program; and seasonal farm work) (shown in STATUS: This hearing will be open to an update on Exascale computing appendix A), the Government the public. project activities and requirements Performance Results Act (GPRA) of PERSON TO CONTACT FOR INFORMATION: reviews; updates from the three active 1993, Section 4 (1115) and the Bryan Whitener, Telephone: (301) 563– subcommittees including a report from Education Department General 3961. the Subcommittee on Laboratory Administrative Regulations (EDGAR), Directed Research and Development; 34 CFR 75.253. EDGAR states that Bryan Whitener, technical presentations on machine recipients of multi-year discretionary Director of National Clearinghouse on learning and early science at the grants must submit an APR Elections, U.S. Election Assistance National Energy Research Scientific demonstrating that substantial progress Commission. Computing facility; and there will be an has been made towards meeting the [FR Doc. 2017–06219 Filed 3–24–17; 4:15 pm] opportunity for comments from the approved objectives of the project. In BILLING CODE 6820–KF–P public. The meeting will conclude at

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5:00 p.m. on April 19, 2017. Agenda Purpose of the Council: The National Minutes: A link to the transcript of the updates and presentations will be Coal Council provides advice and meeting will be posted on the NCC Web posted on the ASCAC Web site prior to recommendations to the Secretary of site at: http:// the meeting: http://science.energy.gov/ Energy on general policy matters www.nationalcoalcouncil.org/. ascr/ascac/. relating to coal and the coal industry. Issued at Washington, DC, on March 22, Public Participation: The meeting is Purpose of Meeting: The 2017 Spring 2017. open to the public. Individuals and Meeting of the National Coal Council. LaTanya R. Butler, representatives of organizations who Tentative Agenda: Deputy Committee Management Officer. would like to offer comments and 1. Call to order and opening remarks by suggestions may do so during the Mike Durham, Chair, National Coal [FR Doc. 2017–06100 Filed 3–27–17; 8:45 am] meeting. Approximately 30 minutes will Council BILLING CODE 6450–01–P be reserved for public comments. Time 2. Remarks by U.S. Department of Energy Representative—TBD allotted per speaker will depend on the DEPARTMENT OF ENERGY number who wish to speak but will not 3. Presentation by Steve Nelson, COO, exceed 10 minutes. Those wishing to Longview Power LLC on Longview Office of Energy Efficiency and speak should submit your request at Power’s State-of-the-Art Clean Coal Renewable Energy least five days before the meeting. Those Technology Plant not able to attend the meeting or who 4. Presentation by Anthony Leo, Vice [Case No. CR–006] have insufficient time to address the President, FuelCell Energy on the Notice of Petition for Waiver of AHT committee are invited to send a written ExxonMobil-FuelCell Energy Fuel Incorporated From the Department of statement to Christine Chalk, U.S. Cell Carbon Capture Pilot Plant at Energy Commercial Refrigeration Department of Energy, 1000 Plant Barry Equipment Test Procedures and Partial Independence Avenue SW., 5. Presentation by David Denton, Senior Grant of Interim Waiver Washington, DC 20585, email to Director Business Development, RTI [email protected]. The International on ‘‘Advanced AGENCY: Office of Energy Efficiency and Designated Federal Officer is Technologies for CO2 Capture & Renewable Energy, Department of empowered to conduct the meeting in a Utilization: Power & Industrial Energy. Applications’’ fashion that will facilitate the orderly ACTION: Notice of petition for waiver and 6. Presentation by Jared Moore, conduct of business. partial grant of interim waiver, and Principal, Meridian Energy Policy Minutes: The minutes of this meeting request for public comment. will be available within 90 days on the on ‘‘Thermal Hydrogen: Coal Advanced Scientific Computing Web Pathways Toward an Emissions SUMMARY: This notice announces receipt site at http://science.energy.gov/ascr/ Free Hydrogen Economy’’ of and publishes a petition for waiver ascac/. 7. Council Business: from AHT Cooling Systems GmbH and a. Finance report by Finance AHT Cooling Systems USA Inc. (AHT) Issued in Washington, DC, on March 22, Committee Chair Greg Workman 2017. seeking an exemption from specified b. Coal Policy Committee report by portions of the U.S. Department of LaTanya R. Butler, Coal Policy Committee Chair Deck Energy (DOE) test procedure for Deputy Committee Management Officer. Slone determining the energy consumption of [FR Doc. 2017–06099 Filed 3–27–17; 8:45 am] c. Communications Committee report multi-mode commercial refrigeration BILLING CODE 6450–01–P by Communications Committee equipment. ASHRAE Standard 72–2005, Chair Lisa Bradley incorporated by reference in Appendix d. NCC Business Report by NCC CEO B, does not provide for defrost testing DEPARTMENT OF ENERGY Janet Gellici 8. Other Business with built-in cooling coils into the body National Coal Council 9. Adjourn of AHT’s unique multi-mode commercial refrigeration equipment Attendees are requested to register in AGENCY: Office of Fossil Energy, basic models. Consequently, AHT advance for the meeting at: http:// Department of Energy. submitted to DOE an alternate test www.nationalcoalcouncil.org/page- procedure that allows for testing of six ACTION: Notice of open meetings. NCC-Events.html. Public Participation: The meeting is specified basic models with a different SUMMARY: This notice announces a defrost cycle. This notice also meeting of the National Coal Council open to the public. If you would like to file a written statement with the announces that DOE has granted AHT (NCC). The Federal Advisory Committee an interim waiver from the DOE Act requires that public notice of these Council, you may do so either before or after the meeting. If you would like to commercial refrigeration equipment test meetings be announced in the Federal procedures for the specified commercial Register. make oral statements regarding any item on the agenda, you should contact refrigeration equipment basic models, DATES: Wednesday, April 19, 2017 8:15 Daniel Matuszak, 202–287–6915 or subject to use of the alternative test a.m. to 12:15 p.m. [email protected] (email). procedure as set forth in this notice. ADDRESSES: Sheraton Suites, Old Town You must make your request for an oral DOE solicits comments, data, and Alexandria; 801 N. Saint Asaph St.; statement at least 5 business days before information concerning AHT’s petition Alexandria, VA 22314 the meeting. Reasonable provision will and its suggested alternate test FOR FURTHER INFORMATION CONTACT: be made to include oral statements on procedure. Daniel Matuszak, U.S. Department of the scheduled agenda. The Chairperson DATES: DOE will accept comments, data, Energy, 4G–036/Forrestal Building, of the Council will lead the meeting in and information with regard to the AHT 1000 Independence Avenue SW., a manner that facilitates the orderly petition until April 27, 2017. Washington, DC 20585–0001; conduct of business. Oral statements are ADDRESSES: You may submit comments, Telephone: 202–287–6915 limited to 10-minutes per organization identified by Case Number CR–006, by SUPPLEMENTARY INFORMATION: and per person. any of the following methods:

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• Federal eRulemaking Portal: http:// reports from manufacturers. Further, test procedure to address the issues www.regulations.gov. Follow the Part C authorizes the Secretary of presented in a waiver, the waiver will instructions for submitting comments. Energy to prescribe test procedures that automatically terminate on the date on • Email: AS_Waiver_Requests@ are reasonably designed to produce which use of that test procedure is ee.doe.gov. Include the case number results that measure energy efficiency, required to demonstrate compliance. 10 [Case No. CR–006] in the subject line of energy use, or estimated operating costs CFR 431.401(h)(2). during a representative average-use the message. Submit electronic II. Petition for Waiver of Test Procedure cycle, and that are not unduly comments in WordPerfect, Microsoft and Application for Interim Waiver Word, PDF, or ASCII file format, and burdensome to conduct. (42 U.S.C. avoid the use of special characters or 6314(a)(3)) The test procedure for On October 25, 2016, AHT filed a any form of encryption. commercial refrigeration equipment is petition for waiver and application for • Postal Mail: Mr. Bryan Berringer, contained in Title 10 of the CFR part interim waiver from the test procedure U.S. Department of Energy, Building 431, subpart C, appendix B, Amended applicable to commercial refrigeration Technologies Office, Mailstop EE–5B, Uniform Test Method for the equipment set forth in 10 CFR part 431, Petition for Waiver Case No. CR–006, Measurement of Energy Consumption of subpart C, appendix B (AHT 1000 Independence Avenue SW., Commercial Refrigerators, Freezers, and subsequently sent DOE a letter on Washington, DC 20585–0121. Refrigerator-Freezers. March 6, 2017, which responded to Telephone: (202) 586–0371. If possible, DOE’s regulations set forth at 10 CFR questions from DOE. The information please submit all items on a compact 431.401 contain provisions that allow a from this letter is also represented in disc (CD), in which case it is not person to seek a waiver from the test this notice). AHT has designed several necessary to include printed copies. procedure requirements for a particular basic models multi-mode commercial • Hand Delivery/Courier: Appliance basic model of a type of covered refrigeration equipment that use unique and Equipment Standards Program, U.S. industrial equipment when: (1) The built-in cooling coils deep freeze, freeze, Department of Energy, Building petitioner’s basic model for which the or refrigerate food as needed. Because Technologies Office, 950 L’Enfant Plaza petition for waiver was submitted the cooling coils are built into the body SW., 6th Floor, Washington, DC 20024. contains one or more design of the units and do not get covered in Telephone: (202) 586–6636. If possible, characteristics that prevent testing frost, the coils do not need to be please submit all items on a CD, in according to the prescribed test defrosted prior to testing. However, the which case it is not necessary to include procedure, or (2) the prescribed test DOE test procedure and ASHRAE printed copies. procedures may evaluate the basic Standard 72–2005, incorporated by Docket: The docket, which includes model in a manner so unrepresentative reference in Appendix B, assumes that Federal Register notices, comments, of its true energy consumption commercial refrigerators or freezers and other supporting documents/ characteristics as to provide materially need to be defrosted, or melt the ice materials, is available for review at inaccurate comparative data. 10 CFR from the evaporator coils, for the equipment to function effectively. In www.regulations.gov. All documents in 431.401(a)(1). A petitioner must include particular, the test procedure requires the docket are listed in the in its petition any alternate test that all refrigerators and freezers with www.regulations.gov index. However, procedures known to the petitioner to evaporator coils be tested with a full some documents listed in the index, evaluate the basic model in a manner defrost cycle, along with additional such as those containing information representative of its energy defrost cycles in a 24-hour period, that is exempt from public disclosure, consumption. 10 CFR 431.401(b)(1)(iii). DOE may grant a waiver subject to depending on how long the test runs may not be publicly available. conditions, including adherence to (ANSI/ASHRAE Standard 72–2005, FOR FURTHER INFORMATION CONTACT: Mr. alternate test procedures. 10 CFR ‘‘Method of Testing Commercial Bryan Berringer, U.S. Department of 431.401(f)(2). As soon as practicable Refrigerators and Freezers,’’ § 7.8 Energy, Building Technologies Office, after the granting of any waiver, DOE (Defrost Adequacy Assurance). ASHRAE Mailstop EE–5B, 1000 Independence will publish in the Federal Register a 72–2005 is incorporated by reference in Avenue SW., Washington, DC 20585– notice of proposed rulemaking to amend the DOE test procedure. 10 CFR 0121. Telephone: (202) 586–0371. its regulations so as to eliminate any 431.63(d)(1)). AHT appliances, however, Email: [email protected]. need for the continuation of such have no need to defrost their coils. Ms. Johanna Jochum, U.S. Department waiver. As soon thereafter as Thus, rather than running one or more of Energy, Office of the General Counsel, practicable, DOE will publish in the defrosting cycles a day to keep the GC–33, 1000 Independence Avenue Federal Register a final rule. 10 CFR machines operating efficiently, AHT SW., Washington, DC 20585–0121. 431.401(l). appliances have a defrost (in the generic Telephone: (202) 287–6307. Email: The waiver process also allows DOE sense rather than as defined by DOE/ [email protected]. to grant an interim waiver if it appears ASHRAE) function that operates, under SUPPLEMENTARY INFORMATION: likely that the petition for waiver will be standard conditions, once per week, and granted and/or if DOE determines that it at most (through a manual override) I. Background and Authority would be desirable for public policy twice per week. As a result, the DOE test Title III, Part C of the Energy Policy reasons to grant immediate relief procedure, which provides for at least and Conservation Act of 1975 (EPCA), pending a determination on the petition one full defrost cycle in a 24-hour Public Law 94–163 (42 U.S.C. 6311– for waiver. 10 CFR 431.401(e)(2). Within period, is not appropriate for these 6316, as codified) established the one year of issuance of an interim models. Consequently, AHT submitted Energy Conservation Program for waiver, DOE will either: (i) Publish in to DOE an alternate test procedure that Certain Industrial Equipment, which the Federal Register a determination on allows for testing of six specified basic includes the commercial refrigeration the petition for waiver; or (ii) publish in models with a different defrost cycle. equipment. Part C includes definitions, the Federal Register a new or amended As previously noted, an interim test procedures, labeling provisions, test procedure that addresses the issues waiver may be granted if it appears energy conservation standards, and the presented in the waiver. 10 CFR likely that the petition for waiver will be authority to require information and 431.401(h)(1). When DOE amends the granted, and/or if DOE determines that

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it would be desirable for public policy 79 FR 22291. In light of that policy petition, not future models that may be reasons to grant immediate relief determination, DOE declines at this manufactured by the petitioner. AHT pending a determination of the petition time to provide AHT an interim waiver may request that DOE extend the scope for waiver. See 10 CFR 431.401(e)(2). allowing testing only in the ice cream of a waiver or an interim waiver to AHT’s petition for waiver claims that freezer mode. However, DOE seeks include additional basic models the DOE test procedure at 10 CFR part comment as part of the waiver employing the same technology as the 431, subpart C, appendix B does not determination process to determine if its basic models set forth in the original apply to AHT’s advanced models, and previously stated position provides for a petition consistent with 10 CFR would grossly overstate the energy used test requirement imposing an undue 431.401(g). In addition, DOE notes that by these models. These models are burden. granting of an interim waiver or waiver multi-mode (i.e., are capable of Regarding the second issue of does not release a petitioner from the operating in the ice cream freezer, infrequent defrosts, DOE has reviewed certification requirements set forth at 10 commercial freezer, and commercial AHT’s alternate procedure (based on the CFR part 431. See also 10 CFR refrigerator temperature ranges) and do May 6, 2017 modification) and 431.401(a) and (i). not have a typical defrosting cycle (i.e., concludes that AHT’s alternate test The interim waiver shall remain in the cooling coils are built into the body procedure results would be effect consistent with 10 CFR and require defrosts once per week). representative of the models’ true 431.401(h). Furthermore, this interim To address multi-mode operation, energy consumptions and allow for the waiver is conditioned upon the AHT requested that the basic models accurate measurement of the energy use presumed validity of statements, shall be tested and rated only for of these equipment, while alleviating representations, and documents operation as ice cream freezers (with the testing problems associated with provided by the petitioner. DOE may integrated average temperature of AHT’s implementation of commercial rescind or modify a waiver or interim ¥15 °F ± 2.0 °F and use total display refrigeration equipment testing for the waiver at any time upon a area (TDA) to determine associated specified multi-mode models. DOE also determination that the factual basis energy conservation standards). understands that absent a partial grant underlying the petition for waiver or To address infrequent defrosts, AHT of an interim waiver, AHT’s equipment interim waiver is incorrect, or upon a requested in its October 25, 2016 cannot be tested and rated for energy determination that the results from the petition that the basic models shall be consumption on a basis representative alternate test procedure are subject to an alternate two-part test of its true energy consumption unrepresentative of the basic model’s procedure. AHT specified that the first characteristics. Consequently, DOE has true energy consumption characteristics. part would be a 24-hour test starting in determined that this part of AHT’s See 10 CFR 431.401(k). steady state conditions and including petition for waiver will likely be IV. Alternate Test Procedure eight hours of door opening (according granted. Furthermore, DOE has to ASHRAE Standard 72). The energy determined that it is desirable for public EPCA requires that manufacturers use consumed in this test would be policy reasons to grant AHT immediate DOE test procedures when making recorded ET1. The second part would be relief for this part of the test procedure, representations about the energy a defrost cycle test starting after steady pending a determination of the petition consumption and energy consumption state conditions were established and for waiver. costs of equipment covered by the ending after the defrost cycle was statute. (42 U.S.C. 6293(c); 6314(d)) complete. The duration of the defrost III. Summary of Grant of Interim Consistent representations about the cycle, tDI, and the energy consumed Waiver energy efficiency of covered equipment during the defrost cycle, ET2, would be For the reasons stated above, DOE has are important for consumers evaluating recorded and combined with ET1 based partially granted AHT’s application for equipment when making purchasing on a once-per-week defrost frequency. interim waiver from testing for its decisions and for manufacturers to In AHT’s March 6, 2017 letter, AHT specified commercial refrigeration demonstrate compliance with noted that although the standard equipment basic models. The substance applicable DOE energy conservation duration of the defrost cycle was once- of the interim waiver is summarized standards. Pursuant to its regulations per-week, the basic models have an below. applicable to waivers and interim optional manual override that allows up AHT is required to test and rate the waivers from applicable test procedures to two defrost cycles per week and AHT commercial refrigeration at 10 CFR 431.401, and after considering recommended revising the October 25 equipment multi-mode basic models public comments on the petition, DOE test procedure to reflect that. DOE has SYDNEY, MIAMI, PARIS, will announce its decision as to an incorporated this proposal into the MANHATTAN, MALTA, and IBIZA, alternate test procedure for AHT in a alternate test procedure, but requests according to the alternate test procedure subsequent Decision and Order. that AHT or commenting parties as set forth in section IV, ‘‘Alternate During the period of the interim provide additional data and/or Test Procedure.’’ waiver granted in this notice, AHT shall information on how commonly the AHT is permitted to make test the multi-mode basic models listed manual override is used. representations about the energy use of in section III in each mode (ice-cream With regard to the first issue, multi- this basic model for compliance, freezer, freezer, and refrigerator mode) mode operation, DOE has taken the marketing, or other purposes only to the according to the test procedure for position in the most recent commercial extent that such products have been commercial refrigeration equipment refrigeration equipment test procedure tested in accordance with the provisions prescribed by DOE at 10 CFR part 431, final rule, that self-contained equipment set forth in the alternate test procedure subpart C, appendix B, for basic models, or remote condensing equipment with and such representations fairly disclose with the following modifications for thermostats capable of operating at the results of such testing in accordance defrost testing in ASHRAE 72–2005 temperatures that span multiple with 10 CFR 431.66. (incorporated by reference at 10 CFR equipment categories must be certified DOE makes decisions on waivers and 431.63(d)), laid out in two parts: and comply with DOE’s regulations for interim waivers for only those basic The first part shall be a 24-hour test each applicable equipment category. See models specifically set out in the starting in steady state conditions and

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including eight hours of door opening established. The defrost cycle is initiated and Based on the measured energy (according ASHRAE 72–2005). The energy terminates after the defrost cycle is complete. consumption in these two tests, the daily consumed in this test shall be recorded, ET1. The energy consumed during this defrost energy consumption (DEC) in kWh shall be The second part shall be a defrost cycle test cycle, ET2, and the duration of the defrost calculated as starting after steady state conditions are cycle, tDI, shall be recorded.

Where: send a copy of such comments to the Issued in Washington, DC, on March 23, DEC = Daily Energy Consumption in petitioner. The contact information for 2017. kilowatt-hours (kWh); the petitioner’s representative is Scott Steven Chalk, ET1 = energy expended during the first part Blake Harris, Chairman, Harris, Acting Assistant Secretary for Energy of the test, in kWh; Efficiency and Renewable Energy. ET2 = energy expended during the second Wiltshire & Grannis, 1919 M Street, Eighth Floor, Washington, DC. 20036. Before the United States Department of part of the test, in kWh; Energy, Washington, DC 20585 E = energy expended by defrosts per week All comment submissions must include td Docket No. EERE–2013–BT–TP–0025; tNDI = normalized length of defrosting time the agency name and Case Number CR– per day, in minutes; 006 for this proceeding. Submit In the Matter of Energy Efficiency tDS = sum of defrost time per week; electronic comments in WordPerfect, Program: Test Procedure for D = maximum number of defrosts per week Commercial Refrigeration Equipment Microsoft Word, Portable Document 7 = conversion factor of days per week; RIN 1904–AC99 1440 = conversion factor to adjust to a 24- Format (PDF), or text (American hour period in minutes per day. Standard Code for Information I. PETITION OF AHT COOLING Interchange (ASCII)) file format and SYSTEMS FOR WAIVER OF TEST V. Summary and Request for Comments avoid the use of special characters or PROCEDURE FOR COMMERCIAL Through this notice, DOE announces any form of encryption. Wherever REFRIGERATION EQUIPMENT receipt of AHT’s petition for waiver possible, include the electronic AHT Cooling Systems GmbH and from the DOE test procedure for certain signature of the author. DOE does not AHT Cooling Systems USA Inc. basic models of AHT commercial accept telefacsimiles (faxes). (collectively AHT) 1 respectfully submit refrigeration equipment, and announces this Petition for Waiver and Application DOE’s decision to grant AHT an interim Pursuant to 10 CFR 1004.11, any for Interim Waiver 2 from DOE’s test waiver from the test procedure for its person submitting information that he procedure for commercial refrigeration commercial refrigeration equipment. or she believes to be confidential and equipment.3 DOE is publishing AHT’s petition for exempt by law from public disclosure should submit two copies to DOE: One AHT is a world leader in the waiver in its entirety, pursuant to 10 production of plug-in refrigerators and copy of the document marked CFR 431.401(b)(1)(iv). The petition freezers for the commercial sector. It ‘‘confidential’’ with all of the contains no confidential information. currently manufactures its products in information believed to be confidential The petition includes a suggested Austria, and imports them into the alternate test procedure to determine the included, and one copy of the document United States through its wholly-owned energy consumption of its commercial marked ‘‘non-confidential’’ with all of subsidiary in South Carolina. AHT USA refrigeration equipment. DOE will the information believed to be is also about to open a new consider public comments on the confidential deleted. DOE will make its manufacturing facility in the Charleston petition in issuing its Decision and own determination about the Order. confidential status of the information 1 AHT’s U.S. subsidiary is AHT Cooling Systems DOE solicits comments from and treat it according to its USA Inc., 3235 Industry Drive, North Charleston, interested parties on all aspects of the determination. South Carolina 29418 (tel. 843–767–6855). AHT’s petition, including the suggested worldwide headquarters are AHT Cooling Systems GmbH, Werkgasse 57, 8786 Rottenmann, Austria alternate test procedure and calculation (tel. 011–43–3614/2451–0). methodology. Pursuant to 10 CFR 2 See 10 CFR § 431.401 (petitions for waiver and 431.401(d), any person submitting interim waiver). written comments to DOE must also 3 Id. Part 431, Subpart C, Appendix B.

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area. AHT products are distributed to operation among which the user can Finally, testing these appliances as ice major supermarket retail chains, choose merely by turning a switch. In cream freezers makes most sense convenience stores, wholesalers, and one mode, the units operate as an ice because DOE has determined that TDA consumer-packaged goods companies cream freezer. In another mode, they is the best metric for display equipment throughout the United States and operate as a regular commercial freezer. with transparent doors, and is moving Canada. AHT’s pursuit of innovation In yet another mode, they operate as a increasingly in that direction in its has led it continuously to develop and commercial refrigerator. The advantage testing protocols. As DOE has market cutting-edge technology. Its to a user of having a single appliance concluded, ‘‘where the function is to philosophy focuses on sustainability, that can operate in three different modes display merchandise for sale, TDA best energy efficiency, innovation, and is obvious. And if a retail operator can quantifies the ability of a piece of customer benefit. AHT’s products, as is purchase one appliance that can operate equipment to perform that function.’’ 8 reflected by their use of propane as a in three modes, rather than having to That is surely true here. refrigerant, are among the most energy buy multiple appliances to meet the B. The AHT Appliances Do Not Have a efficient and environmentally friendly same needs, there are sustainability Typical Defrosting Cycle. in the world. benefits as well. The problem is that the The AHT appliances are innovative, Commercial refrigeration equipment, DOE rules implicitly assume that an and perhaps unique, in one other such as AHT’s, will soon be subject to appliance is exclusively an ice cream respect: Their cooling coils are built into a new regulatory regime. This includes freezer, exclusively a standard the body of the units. This means the 4 new test procedures and efficiency commercial freezer, or exclusively a cooling coils are not exposed to the air 5 standards. The new procedures will commercial refrigerator.6 And the DOE and do not get covered with frost. This apply to representations of energy rules mandate different testing protocols also means the coils do not need to be efficiency or use made on and after for an ice cream freezer than they do for defrosted. The DOE test procedure March 28, 2017. The new standards will a standard commercial freezer or a understandably assumes that apply to products manufactured on or commercial refrigerator. commercial refrigerators and freezers after March 27, 2017. DOE testing rules often require that have cooling or evaporator coils that In part because of their advanced products be tested in their default need to be defrosted for the equipment design and features, many AHT configuration, or in the typical to function effectively. Indeed, the commercial refrigerators and freezers configuration. In the case of the AHT Technical Support Document for the cannot be fairly evaluated by DOE’s multi-mode appliances however, there test procedure essentially defines mandated testing protocols. First, isn’t a ‘‘default’’ configuration or one ‘‘defrosting’’ to mean melting ice from because of their implicit assumptions, it ‘‘typical’’ configuration. The machines evaporator coils: is not clear which of the DOE tests are designed to be easily and equally As the air in the refrigerated space is should be applied to the AHT usable in all three modes. DOE cooled, water vapor condenses on the appliances. Second, any of the DOE precedent also suggests that when there surface of the evaporator coil.... tests would overstate the amount of is no default or typical mode for testing There are several methods available for energy used by the AHT appliances. purposes, products with multiple defrosting the evaporator coil. . .9 Accordingly, a waiver of those test configurations should be tested in the In addition, the ASHRAE test requirements is necessary. most energy consumptive mode. In this procedure mandated by the DOE I. Basic Models for Which a Waiver Is case, that would mean that AHT should regulations provides that the defrost Requested test its products in the ice cream freezer adequacy assurance test ‘‘shall verify mode and treat them as such for that any defrost setting and arrangement The basic models for which a waiver regulatory purposes. is adequate to melt all frost and ice from is requested are set forth in Appendix I. Accordingly, AHT asks for a ‘‘waiver’’ coils and flues and drain it out of the These models are all display to be allowed to do precisely that. refrigerator.’’ 10 Based on the merchandisers with transparent doors. The only obvious alternative to testing assumption that all refrigerators and They are distributed in commerce under in the most energy consumptive mode freezers that have evaporator coils from the AHT brand name. would be to require testing in all three which frost must be melted regularly in II. Need for the Requested Waiver modes. But such a requirement would order to function, the test procedure calls for starting testing with a full As noted, the DOE test procedures be unique, burdensome, and defrost cycle, and may require will take effect on March 28, 2017. It is inconsistent with the Energy Policy and additional defrost cycles in a 24-hour not clear which DOE test procedure Conservation Act (EPCA), which period before the test is complete should apply to AHT’s advanced requires that the test procedures ‘‘shall (depending on the expected operation of models, and all would grossly overstate be reasonably designed’’ and ‘‘shall not be unduly burdensome to conduct.’’ 7 the model). the energy used by these models. There AHT appliances, however, have no are two critical features of the AHT Moreover, in this situation it is not clear how one would evaluate whether an need to defrost their coils. Rather, small models that raise issues under the amounts of frost can build up on the forthcoming testing procedure. appliance passed a multiple test regime, particularly since testing the appliances inner walls of the cabinet when the A. The AHT Appliances Are Multi- as ice cream freezers would require Mode. using total display area (TDA) as the 8 79 FR 17725, 17741 (March 28, 2014). normalizing metric, while testing them 9 DOE, Technical Support Document: Energy The AHT appliances for which we Efficiency Program for Consumer Products and in the other modes would require using seek a waiver are all multi-mode Commercial and Industrial Equipment; Commercial volume as a normalizing metric. Such a models; they have three modes of Refrigeration Equipment (Feb. 2014), § 3.3.1.11 testing regime would be both confusing (Defrost Cycle; Defrost Mechanism). and burdensome. 10 ANSI/ASHRAE Standard 72–2005, ‘‘Method of 4 Id. Part 431, Subpart C, Appendix B, as adopted, Testing Commercial Refrigerators and Freezers,’’ 79 FR 22277 (April 21, 2014). § 7.8 (Defrost Adequacy Assurance). ASHRAE 72– 5 Id. § 431.66, as adopted, 79 FR 17725 (March 28, 6 Id. § 431.66. 2005 is incorporated by reference in the DOE test 2014). 7 42 U.S.C. 6293(b)(3). procedure. 10 CFR 431.63(d)(1).

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appliances are in a freezer mode. But second phase should be a separate The basic models shall be tested and this is a strictly esthetic matter that is measurement of the energy used during rated as ice cream freezers (Integrated easily resolved. Thus, rather than the defrost cycle. One-seventh of the Average Temperature of ¥15 °F running one or more defrosting cycles a measured energy in phase two should +/¥2.0 °F and use of TDA). day to keep the machines operating be added to the energy measured in The basic models shall be subject to efficiently, AHT appliances have a phase one. This approach would the following testing instead of the defrost (in the generic sense rather than translate the once-a-week defrost cycle corresponding defrost testing in the test as defined by DOE/ASHRAE) function into an average daily energy usage procedure. that operates just once per week to keep factor. THE FIRST PART shall be a 24-hour test the machines looking good.11 As a starting in steady state conditions and result, the test procedure, which III. Proposed Alternate Test Procedure including eight hours of door opening provides for at least one full defrost (according ASHRAE Standard 72). The In line with the waivers outlined cycle in a 24-hour period is not energy consumed in this test shall be above, AHT proposes the following appropriate for these models. It would recorded, ET1. alternate test procedure to evaluate the overstate the energy usage from the THE SECOND PART shall be a defrost performance of the basic models listed defrosting function by at least a factor cycle test starting after steady state in Appendix I of this petition and of seven. conditions are established. The defrost Accordingly, AHT asks for a waiver to application. cycle is initiated and terminates after test its appliances with the defrost cycle Effective March 28, 2017, AHT shall the defrost cycle is complete. The activated in a way that reflects the be required to test the performance of energy consumed during this defrost actual operation of the units. To this the basic models listed in Appendix I cycle, ET2, and the duration of the end, AHT proposes to test the according to the test procedures for defrost cycle, tDI, shall be recorded. appliances in two phases. Phase one commercial refrigeration equipment Based on the measured energy shall be a 24-hour test according to prescribed by DOE at 10 CFR part 431, consumption in these two tests, the ASHRAE 72 including eight hours of Subpart C, Appendix B, except as daily energy consumption (DEC) in kWh door openings but without defrost. The follows. shall be calculated as

Where applicable on and after the March 28, 20036, (202) 730–1313 DEC = Daily Energy Consumption in 2017, compliance date. Without waiver Counsel to AHT Cooling Systems GmbH and kilowatt-hours (kWh); relief, AHT will be at a competitive AHT Cooling Systems USA Inc. ET1 = energy expended during the first part disadvantage in the market for these October 25, 2016 of the test, in kWh; important products and would suffer ET2 = energy expended during the second Appendix I part of the test, in kWh; economic hardship. AHT would be t subject to requirements that clearly The waiver and interim waiver NDI = normalized length of defrosting time per day, in minutes; should not apply to such products. requested herein should apply to testing t and rating of the following basic models DI = length of time of one defrosting cycle, in minutes; V. Other Manufacturers that are manufactured by AHT: 7 = conversion factor of days per week; SYDNEY ∧ * MIAMI ∧ * A list of manufacturers of all other ∧ 1440 = conversion factor to adjust to a 24- basic models distributed in commerce PARIS * hour period in minutes per day. ∧ in the United States and known to AHT MANHATTAN * MALTA ∧ * IBIZA ∧ * The waiver shall continue until DOE to incorporate overall design adopts an applicable amended test II. The models use the following characteristic(s) similar to those found model number layout: procedure. in the basic model(s) that are the subject SYDNEY, MIAMI, etc.—Represent the of the petition is set forth in Appendix IV. Request for Interim Waiver name of the model platform. II. ∧ AHT also requests an interim waiver ( )—Represents characters in the model for its testing and rating of the basic * * * * * number that correspond to the size. models listed in Appendix I. Based on AHT requests expedited treatment of (*)—Represents characters in the model its merits, the petition for waiver is the Petition and Application. number that correspond to marketing features. likely to be granted. Further, it is Respectfully submitted, ∧ essential that an interim waiver be Scott Blake Harris The * and characters have no impact granted, as AHT plans to distribute John A. Hodges on the compartment function, product units of the models that would be Harris, Wiltshire & Grannis LLP class, or test method. affected by the DOE rule as otherwise 1919 M Street, NW Washington, DC BILLING CODE 6450–01–P

11 We also note that AHT appliances have a defrost cycle a second time in any one week period. But the default automatic setting, and we expect the manual override, such that a user could activate the typical use, is one defrost cycle per week.

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APPENDIX II

The following are manufacturers of all other basic models distributed in commerce in the

United States and known to AHT to incorporate overall design characteristic(s) similar to those

found in the basic model(s) that are the subject of the petition for waiver.

AMF Sales & Associates (importing LUCKDR) ARNEGUSA Avanti Products LLC Beverage Air Dellfrio (importing Liebherr cabinets) Electrolux Home Products Excellence Fogel de Centroamerica S.A. Foshan City Shunde District Sansheng Electrical Manufacture Co., Ltd. Hill phoenix Hussmann Innovative Display Works Inc. Jiangsu Baixue Electric Appliances Co., Ltd. Metalfrio Solutions Mexico S.A. Mimet S.A. Minus Forty Technologies Corp. MTL Cool NovumUSA Ojeda USA Panasonic PREMIERE Corporation Sanden Venda Silver King Stajac Industries Thermell Manufacturing True Manufacturing Co. Turbo-Air Vestfrost Solutions

HARRIS, WllTSHIRE & GRANNIS LLP I 1919 M STREET I EIGHTH FLOOR I WASHINGTON DC 20036 IT 202 730 1300 I F 202 730 130 I

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6March 2017

Ms. Ashley Armstrong Office ofEnergy Efficiency United States Department of Energy 1000 Independent A venue, SW Washington, DC

Re: AHT Petition for Waiver & Interim Waiver

Dear Ashley:

We are writing to respond to your e-mail of February 21, 2017, asking for additional information about the multi-mode commercial refrigeration equipment as to which AHT has sought a testing watver.

As set forth in our waiver petition, the defrost cycle1 on the six covered AHT models2 operates just once per week, rather than once per day as the mandated testing assumes- meaning that the mandated testing overestimates the amount of energy actually used in the defrost cycle by a factor of seven. As we also noted in our petition, the AHT appliances have a manual override, such that a user could activate the defrost cycle a second time in any one week period. But the default setting, which we expect to be the typical use, is one defrost cycle per week.

You asked, first, how the manual override worked. Simply put, the factory default is set such that the defrost cycle operates once per week. As noted, if the customer wants an additional defrost cycle, there is an override allowing one, and only one, additional defrost per week. AHT assures there can be no more than two defrosts per week by setting the parameter "minimum interval between defrosts" to 84 hours. This is equivalent to 3.5 days, and it cannot be changed by the customer. Thus the operation of any defrost cycle means that there cannot be another defrost cycle- whether by default or by override- for 84 hours. This defrost cycle "lock" guarantees there can be no more than one defrost cycle in 3.5 days, or two defrost cycles in any seven-day period. There are no other ways for the defrost cycle to operate. Specifically, there are no controls or systems that allow ambient conditions to initiate or end a defrost cycle.

You also asked for test data showing how AHT' s proposed alternative test procedure would work (and how long the defrost cycle operates). We have attached a PowerPoint providing this information3 Test 1 shows the model in question tested as a commercial refrigerator using the

It is a defrost cycle in the colloquial sense rather than as defined by DOE/ASHRAE.

Sydney; Miami; Paris; Manhallan; Malta; and lbiza.

The PowerPoint contains confidential, trade secret and proprietary infonnation and, thus, is entitled to exemption from pnblic disclosnre. We thus request that it be treated in its entirely as confidential, and that it not be disclosed to third parties. We believe it is entitled to full protection of all confidentiality and non- disclosure provisions in the Freedom of Infonnation Act, and other statutes and rules. HARRIS, WllTSHIRE & GRANNIS LLP I 1919 M STREET I EIGHTH FLOOR I WASHINGTON DC 20036 I T 202 730 1300 I F 202 730 130 I

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[FR Doc. 2017–06107 Filed 3–27–17; 8:45 am] a gas-fired Solar Titan 130 turbine toll-free, (886) 208–3676 or TYY, (202) BILLING CODE 6450–01–C compressor unit in place of the 502–8659. currently certificated gas-fired Solar Any questions regarding this Mars 100 turbine compressor unit at the application may be directed to Kathy D. DEPARTMENT OF ENERGY Magasco Compressor Station, located in Fort, Manager, Certificates & Tariffs, Sabine County, Texas, increasing the Gulf South Pipeline Company, LP, 9 Federal Energy Regulatory Greenway Plaza, Suite 2800, Houston, Commission horsepower from 15,748 hp to 20,482 hp and (ii) modify the emergency generator Texas 77046, by telephone at (713) 479– [Docket No. CP17–62–000] from an 800 brake-horsepower (bhp) 8252, or by email to kathy.fort@ unit to a 691 bhp unit. This amendment bwpmlp.com. Gulf South Pipeline Company, LP; Pursuant to section 157.9 of the Notice Extending Comment Date will not require any additional workspace or land disturbance beyond Commission’s rules, 18 CFR 157.9, 2 On March 1, 2017, the Commission what has been approved by the within 90 days of this Notice the issued a notice of application (March 1 Commission. The estimated cost of the Commission staff will either: Complete its environmental assessment (EA) and Notice) in the above captioned amendment is approximately $3 1 place it into the Commission’s public proceeding. To give interested parties million, all as more fully set forth in the record (eLibrary) for this proceeding; or who were not on the original landowner application which is on file with the issue a Notice of Schedule for list an opportunity to comment, the Commission and open to public comment due date on the March 1 Environmental Review. If a Notice of inspection. The filing is available for Schedule for Environmental Review is Notice is hereby extended from March review at the Commission in the Public 22, 2017 to April 12, 2017. issued, it will indicate, among other Reference Room or may be viewed on As stated in the March 1 Notice, in its milestones, the anticipated date for the application, Gulf South Pipeline the Commission’s Web site web at Commission staff’s issuance of the EA Company, LP requests to amend its http://www.ferc.gov using the for this proposal. The filing of the EA certificate issued by the Commission in ‘‘eLibrary’’ link. Enter the docket in the Commission’s public record for Docket No. CP15–517–000 to (i) install number excluding the last three digits in this proceeding or the issuance of a the docket number field to access the 1 Gulf South Pipeline Co., LP, 82 FR 12,814 document. For assistance, contact FERC 2 The 90-day timeframe restarts from the date of (2017). at [email protected] or call this notice.

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Notice of Schedule for Environmental filed by other parties or issued by the January 2017. With this Supplemental Review will serve to notify federal and Commission (except for the mailing of Notice of Intent (NOI) we2 are state agencies of the timing for the environmental documents issued by the specifically seeking comments on completion of all necessary reviews, and Commission) and will not have the right additional facilities planned by Midship the subsequent need to complete all to seek court review of the Pipeline and recently identified as part federal authorizations within 90 days of Commission’s final order. of the MIDSHIP Project, specifically the the date of issuance of the Commission The Commission strongly encourages Velma Lateral and Sholem Booster staff’s EA. electronic filings of comments, protests Station. Your comments should focus There are two ways to become and interventions in lieu of paper using on the potential environmental effects, involved in the Commission’s review of the ‘‘eFiling’’ link at http:// reasonable alternatives, and measures to this project. First, any person wishing to www.ferc.gov. Persons unable to file avoid or lessen environmental impacts obtain legal status by becoming a party electronically should submit an original from these facilities. Your input will to the proceedings for this project and 7 copies of the protest or should, on or before the comment date intervention to the Federal Energy help the Commission staff determine stated below file with the Federal Regulatory Commission, 888 First Street what issues we need to evaluate in the Energy Regulatory Commission, 888 NE., Washington, DC 20426. EIS. To ensure that your comments are First Street NE., Washington, DC 20426, Comment Date: 5:00 p.m. Eastern timely and properly recorded, please a motion to intervene in accordance Time on April 12, 2017. send your comments so that the Commission receives them in with the requirements of the Dated: March 22, 2017. Commission’s Rules of Practice and Washington, DC on or before April 21, Kimberly D. Bose, Procedure (18 CFR 385.214 or 385.211) 2017. If you have already submitted and the Regulations under the NGA (18 Secretary. comments for the MIDSHIP Project prior CFR 157.10). A person obtaining party [FR Doc. 2017–06066 Filed 3–27–17; 8:45 am] to this Supplemental NOI, you do not status will be placed on the service list BILLING CODE 6717–01–P need to resubmit your comments. maintained by the Secretary of the This notice is being sent to the Commission and will receive copies of all documents filed by the applicant and DEPARTMENT OF ENERGY Commission’s current environmental by all other parties. A party must submit mailing list for this project, including Federal Energy Regulatory seven copies of filings made in the the newly affected landowners along the Commission proceeding with the Commission and planned Velma Lateral and Sholem must mail a copy to the applicant and [Docket No. PF17–3–000] Booster Station. State and local to every other party. Only parties to the government representatives should proceeding can ask for court review of Midship Pipeline Company, LLC; notify their constituents of this planned Commission orders in the proceeding. Supplemental Notice of Intent To project and encourage them to comment However, a person does not have to Prepare an Environmental Impact on their areas of concern. Statement for the Planned intervene in order to have comments If you are a newly affected landowner Midcontinent Supply Header Interstate considered. The second way to receiving this notice, a pipeline participate is by filing with the Pipeline Project and Request for company representative may have Secretary of the Commission, as soon as Comments on Environmental Issues already contacted you or may contact possible, an original and two copies of Related to New Pipeline Lateral and comments in support of or in opposition Booster Station you soon about the acquisition of an to this project. The Commission will easement to construct, operate, and As previously noticed on January 27, consider these comments in maintain the planned facilities. The 2017, and supplemented herein, the determining the appropriate action to be company would seek to negotiate a staff of the Federal Energy Regulatory taken, but the filing of a comment alone mutually acceptable agreement. Commission (FERC or Commission) will will not serve to make the filer a party However, if the Commission approves prepare an environmental impact to the proceeding. The Commission’s the project, that approval conveys with statement (EIS) that will discuss the rules require that persons filing it the right of eminent domain. environmental impacts of the comments in opposition to the project Therefore, if the easement negotiations Midcontinent Supply Header Interstate provide copies of their protests only to fail to produce an agreement, the Pipeline Project (MIDSHIP Project) the party or parties directly involved in pipeline company could initiate involving construction and operation of the protest. condemnation proceedings where Persons who wish to comment only facilities by Midship Pipeline Company, LLC (Midship Pipeline) 1 in Kingfisher, compensation would be determined in on the environmental review of this accordance with state law. project should submit an original and Canadian, Grady, Garvin, Stephens, two copies of their comments to the Carter, Johnston, and Bryan Counties, A fact sheet prepared by the FERC Secretary of the Commission. Oklahoma and leased capacity on entitled ‘‘An Interstate Natural Gas Environmental commentors will be existing pipeline infrastructure in Facility on My Land? What Do I Need placed on the Commission’s Oklahoma, Texas, and Louisiana. The To Know?’’ is available for viewing on environmental mailing list, will receive Commission will use this EIS in its the FERC Web site (www.ferc.gov). This copies of the environmental documents, decision-making process to determine fact sheet addresses a number of and will be notified of meetings whether the project is in the public typically asked questions, including the associated with the Commission’s convenience and necessity. use of eminent domain and how to environmental review process. The Commission previously solicited participate in the Commission’s Environmental commentors will not be public input on the MIDSHIP Project in proceedings. required to serve copies of filed 1 The sponsor of the Midcontinent Supply Header documents on all other parties. Interstate Pipeline Project, previously identified as 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the However, the non-party commentors Cheniere Midstream Holdings, Inc., has changed its environmental staff of the FERC’s Office of Energy will not receive copies of all documents name to Midship Pipeline Company, LLC. Projects.

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Summary of the Velma Lateral and a comment on a particular project, federal and state agencies to discuss Sholem Booster Station please select ‘‘Comment on a Filing’’ as their involvement in the scoping The Velma Lateral would consist of the filing type; or process and the preparation of the EIS. 13.3 miles of 16-inch-diameter pipeline (3) You can file a paper copy of your In addition, FERC representatives and associated appurtenances in comments by mailing them to the participated in the public open houses Oklahoma. It would begin at a gas following address. Be sure to reference sponsored by Midship Pipeline in El supply facility near Velma in Stephens the project docket number (PF17–3–000) Reno, Lindsay, Ardmore, and Durant, County, continue northeast for with your submission: Kimberly D. Oklahoma from December 12 through 15, 2016. On February 13, 14, 15, and approximately 6.5 miles, and connect Bose, Secretary, Federal Energy 16, 2017, FERC held public scoping with a gas supply facility near Sholem, Regulatory Commission, 888 First Street sessions in Durant, Ardmore, Elmore Oklahoma. Midship Pipeline would NE., Room 1A, Washington, DC 20426. Please note this is not your only City, and El Reno, respectively, to solicit construct a new 3,750 horsepower public input opportunity; please refer to comments regarding the planned compressor station, referred to as the the review process flow chart in MIDSHIP Project. Sholem Booster Station, adjacent to the appendix 2. The EIS will present our independent existing gas facility. From the analysis of the issues. We will publish compressor station, the Velma Lateral The EIS Process and distribute the draft EIS for public would continue in a northeast direction The National Environmental Policy comment. After the comment period, we through portions of Stephens, Carter, Act (NEPA) requires the Commission to will consider all timely comments and and Garvin Counties for a total of 6.8 take into account the environmental revise the document, as necessary, miles, where it would terminate at the impacts that could result from an action before issuing a final EIS. To ensure we Tatums Compressor Station near whenever it considers the issuance of a have the opportunity to consider and mainline Milepost 99.1. Midship Certificate of Public Convenience and address your comments, please carefully Pipeline would construct a receipt Necessity. NEPA also requires us to follow the instructions in the Public meter station at the tie-in within the discover and address concerns the Participation section, beginning on page Tatums Compressor Station. An public may have about proposals. This 2. overview map of the planned project, process is referred to as scoping. The With this Supplemental NOI, we are including the Velma Lateral and Sholem main goal of the scoping process is to asking agencies with jurisdiction by law Booster Station, is provided in appendix focus the analysis in the EIS on the and/or special expertise with respect to 1. Construction of the Velma Lateral and important environmental issues. By this the environmental issues related to this Sholem Booster Station would disturb notice, the Commission requests public project to formally cooperate with us in about 168.3 acres of land. After comments on the scope of the issues the preparation of the EIS.3 Agencies construction, Midship Pipeline would with the Velma Lateral and Sholem that would like to request cooperating maintain about 82.2 acres for operation Booster Station to address in the EIS. agency status should follow the of these facilities; the remaining acreage We will consider all filed comments instructions for filing comments would be restored and revert to former during the preparation of the EIS. provided under the Public Participation uses. In the EIS we will discuss impacts section of this notice. Public Participation that could occur as a result of the Consultations Under Section 106 of the construction and operation of the For your convenience, there are three National Historic Preservation Act MIDSHIP Project under these general methods you can use to submit your headings: In accordance with the Advisory comments to the Commission. The • Geology and soils; Council on Historic Preservation’s Commission will provide equal • water resources and wetlands; implementing regulations for section consideration to all comments received, • vegetation, wildlife, and fisheries; 106 of the National Historic whether filed via mail or provided • endangered and threatened species; Preservation Act, we are using this electronically. The Commission • land use, outdoor recreation, and notice to initiate consultation with the encourages electronic filing of scenery; applicable State Historic Preservation comments and has expert staff available • socioeconomics; Offices (SHPO), and to solicit their to assist you at (202) 502–8258 or • cultural resources; views and those of other government [email protected]. Please carefully follow • air quality and noise; agencies, interested Native American these instructions so that your • public safety; and tribes, and the public on the project’s comments are properly recorded. • cumulative impacts. potential effects on historic properties.4 (1) You can file your comments We will also evaluate possible We will define the project-specific Area electronically using the eComment alternatives to the planned project or of Potential Effects (APE) in feature on the Commission’s Web site portions of the project, and make consultation with the SHPOs as the (www.ferc.gov) under the link to recommendations on how to lessen or project develops. On natural gas facility Documents and Filings. This is an easy avoid impacts on the various resource projects, the APE at a minimum method for submitting brief, text-only areas. encompasses all areas subject to ground comments on a project; Although no formal application has disturbance (examples include (2) You can file your comments been filed for the MIDSHIP Project, we electronically using the eFiling feature initiated our NEPA review of the project 3 The Council on Environmental Quality on the Commission’s Web site under the Commission’s pre-filing regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal (www.ferc.gov) under the link to process on November 9, 2016. The Regulations, Part 1501.6. Documents and Filings. With eFiling, purpose of the pre-filing process is to 4 The Advisory Council on Historic Preservation you can provide comments in a variety encourage early involvement of regulations are at Title 36, Code of Federal of formats by attaching them as a file interested stakeholders and to identify Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic with your submission. New eFiling and resolve issues before FERC receives district, site, building, structure, or object included users must first create an account by an application. As part of our pre-filing in or eligible for inclusion in the National Register clicking on ‘‘eRegister.’’ If you are filing review, we have begun to contact some of Historic Places.

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construction right-of-way, contractor/ Becoming an Intervenor Dated: March 22, 2017. pipe storage yards, compressor stations, Once Midship Pipeline files its Kimberly D. Bose, and access roads). Our EIS for this application with the Commission, you Secretary. project will document our findings on may want to become an ‘‘intervenor,’’ [FR Doc. 2017–06068 Filed 3–27–17; 8:45 am] the impacts on historic properties and which is an official party to the BILLING CODE 6717–01–P summarize the status of consultations Commission’s proceeding. Intervenors under section 106. play a more formal role in the process Currently Identified Environmental and are able to file briefs, appear at DEPARTMENT OF ENERGY hearings, and be heard by the courts if Issues Federal Energy Regulatory they choose to appeal the Commission’s Commission We have already identified several final ruling. An intervenor formally issues that we think deserve attention participates in the proceeding by filing [Docket No. EL16–6–004] based on a preliminary review of the a request to intervene. Motions to planned facilities, the environmental intervene are more fully described at PJM Interconnection, L.L.C.; Notice of information provided by Midship http://www.ferc.gov/resources/guides/ Filing Pipeline, comments received at the how-to/intervene.asp. Instructions for Take notice that on March 2, 2017, project open houses, and scoping becoming an intervenor are in the comments. This preliminary list of PJM Interconnection, L.L.C. submitted ‘‘Document-less Intervention Guide’’ tariff filing per: Further Compliance potential issues may change based on under the ‘‘e-filing’’ link on the your comments and our analysis: Filing to be effective February 1, 2017, • Commission’s Web site. Please note that pursuant to the Federal Energy Impacts on water wells; the Commission will not accept requests • impacts on waterbodies and Regulatory Commission’s (Commission) for intervenor status at this time. You Order issued on January 31, 2017 wetlands; must wait until the Commission • Order.1 impacts on threatened and receives a formal application for the endangered species; Any person desiring to intervene or to project. protest this filing must file in • geological hazards; accordance with Rules 211 and 214 of • impacts on future development due Additional Information the Commission’s Rules of Practice and to pipeline route on property; Additional information about the Procedure (18 CFR 385.211, 385.214). • impacts on air quality; project is available from the • Protests will be considered by the impacts on noise from planned Commission’s Office of External Affairs, Commission in determining the compressor stations; at (866) 208–FERC, or on the FERC Web appropriate action to be taken, but will • public safety; and site (www.ferc.gov) using the eLibrary • not serve to make protestants parties to pipeline route alternatives. link. Click on the eLibrary link, click on the proceeding. Any person wishing to ‘‘General Search,’’ and enter the docket Environmental Mailing List become a party must file a notice of number, excluding the last three digits intervention or motion to intervene, as The environmental mailing list (i.e., PF17–3). Be sure you have selected appropriate. Such notices, motions, or includes federal, state, and local an appropriate date range. For protests must be filed on or before the government representatives and assistance, please contact FERC Online comment date. On or before the agencies; elected officials; Support at [email protected] comment date, it is not necessary to environmental and public interest or toll free at (866) 208–3676, or for serve motions to intervene or protests groups; Native American Tribes; other TTY, contact (202) 502–8659. The on persons other than the Applicant. interested parties; and local libraries eLibrary link also provides access to the The Commission encourages and newspapers. This list also includes texts of formal documents issued by the electronic submission of protests and all affected landowners (as defined in Commission, such as orders, notices, interventions in lieu of paper using the the Commission’s regulations) who are and rulemakings. ‘‘eFiling’’ link at http://www.ferc.gov. potential right-of-way grantors, whose In addition, the Commission offers a Persons unable to file electronically property may be used temporarily for free service called eSubscription which should submit an original and 5 copies project purposes, or who own homes allows you to keep track of all formal of the protest or intervention to the within certain distances of aboveground issuances and submittals in specific Federal Energy Regulatory Commission, facilities, as well as anyone who dockets. This can reduce the amount of 888 First Street NE., Washington, DC submits comments on the project. We time you spend researching proceedings 20426. will update the environmental mailing by automatically providing you with This filing is accessible on-line at list as the analysis proceeds to ensure notification of these filings, document http://www.ferc.gov, using the that we send the information related to summaries, and direct links to the ‘‘eLibrary’’ link and is available for this environmental review to all documents. Go to www.ferc.gov/docs- review in the Commission’s Public individuals, organizations, and filing/esubscription.asp. Reference Room in Washington, DC. government entities interested in and/or Finally, Midship Pipeline has There is an ‘‘eSubscription’’ link on the potentially affected by the planned established toll-free telephone numbers Web site that enables subscribers to project. (888) 214–7275 for general inquiries or receive email notification when a Copies of the completed draft EIS will (800) 305–2466 for landowner inquiries) document is added to a subscribed be sent to the environmental mailing list and an email support address docket(s). For assistance with any FERC for public review and comment. If you ([email protected]) so that parties Online service, please email would prefer to receive a paper copy of can contact them directly with [email protected], or call the document instead of the CD version questions about the project. You may (866) 208–3676 (toll free). For TTY, call or would like to remove your name from also refer to Midship Pipeline’s project (202) 502–8659. the mailing list, please return the Web site for additional information at attached Information Request (appendix http://www.cheniere.com/pipelines/ 1 PJM Interconnection, LLC, et al., 158 FERC 3). midship/. 61,093 (2017).

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Comment Date: 5:00 p.m. Eastern Federal Energy Regulatory Commission, Environmental Protection Agency— Time on April 4, 2017. 888 First Street NE., Washington, DC Mid-Atlantic Region, 1650 Arch Street, Dated: March 21, 2017. 20426. Mail Code 3WP10, Philadelphia, PA The filings in the above proceeding 19103–2029, or emailed to Kimberly D. Bose, are accessible in the Commission’s [email protected]. Only Secretary. eLibrary system by clicking on the written comment will be considered. [FR Doc. 2017–06035 Filed 3–27–17; 8:45 am] appropriate link in the above list. They FOR FURTHER INFORMATION CONTACT: BILLING CODE 6717–01–P are also available for review in the Michael D. Hoffmann, U.S. Commission’s Public Reference Room in Environmental Protection Agency— Washington, DC. There is an DEPARTMENT OF ENERGY Mid-Atlantic Region. Telephone: (215) eSubscription link on the Web site that 814–2716, Fax number: (215) 814–2301; Federal Energy Regulatory enables subscribers to receive email email address: Hoffmann.michael@ Commission notification when a document is added epa.gov. to a subscribed docket(s). For assistance SUPPLEMENTARY INFORMATION: [Docket No. EL17–52–000] Notice is with any FERC Online service, please hereby given that a petition has been email [email protected] received from the Secretary of the Republic Transmission, LLC; Notice of call (866) 208–3676 (toll free). For TTY, Petition for Declaratory Order Maryland Department of Natural call (202) 502–8659. Resources on behalf of the State of Take notice that on March 15, 2017, Comment Date: 5:00 p.m. Eastern time Maryland requesting a determination by pursuant to section 219 of the Federal on April 14, 2017. the Regional Administrator, U.S. Power Act, 16 U.S.C. 824s (2012), and Dated: March 22, 2017. Environmental Protection Agency, Mid- Rule 207 of the Federal Energy Kimberly D. Bose, Atlantic Region pursuant to Section Regulatory Commission’s (Commission) Secretary. 312(f)(3) of the Clean Water Act, 33 Rules of Practice and Procedure, 18 CFR [FR Doc. 2017–06067 Filed 3–27–17; 8:45 am] U.S.C. 1322(f)(3), that adequate facilities 385.207 (2015), Republic Transmission, BILLING CODE 6717–01–P for the safe and sanitary removal and LLC (Republic) filed a petition for treatment of sewage from all vessels is declaratory order authorizing Republic reasonably available for the entirety of to use specific limited transmission rate ENVIRONMENTAL PROTECTION the Chester River and its tributaries. incentives and treatments for Republic’s AGENCY EPA is requesting comments on this development of the Duff-Coleman EHV petition and whether EPA should 345 kV Competitive Transmission [FRL–9958–90–Region 3] designate the Chester River as a No Project, all as more fully explained in Discharge Zone as provided in that the petition. EPA-Mid-Atlantic Region III; Maryland provision of the Clean Water Act. The Any person desiring to intervene or to Marine Sanitation Device Standard— petition is available upon request from protest in this proceeding must file in Receipt of Petition EPA (at the address above) or at http:// accordance with Rules 211 and 214 of AGENCY: Environmental Protection dnr.maryland.gov/boating/Documents/ the Commission’s Rules of Practice and Agency (EPA). FINAL_CRA_NDZ_APPLICATION.pdf. Procedure (18 CFR 385.211 and The State of Maryland makes this ACTION: Notice—Receipt of petition. 385.214) on or before 5:00 p.m. Eastern request as part of its application for a No time on the specified comment date. SUMMARY: Notice is hereby given that a Discharge Zone which will prohibit the Protests will be considered by the petition has been received from the discharge of sewage from vessels into Commission in determining the Secretary of the Maryland Department the Chester River and its tributaries. The appropriate action to be taken, but will of Natural Resources on behalf of the delineation of the proposed No not serve to make protestants parties to State of Maryland requesting a Discharge Zone of the Chester River and the proceeding. Any person wishing to determination by the Regional its tributaries from the Chesapeake Bay become a party must file a notice of Administrator, U.S. Environmental will begin at 39°8′54.48″ N., intervention or motion to intervene, as Protection Agency (EPA) Mid-Atlantic 76°16′37.11″ W. and extend down to appropriate. Such notices, motions, or Region, that adequate facilities for the 39°2′23.56″ N., 76°18′8.89″ W. From protests must be filed on or before the safe and sanitary removal and treatment there it will continue east throughout comment date. Anyone filing a motion of sewage from all vessels are any navigable waters including all to intervene or protest must serve a copy reasonably available for the Chester tributaries and bays. Included within of that document on the Petitioner. River, Kent and Queen Anne’s Counties, this zone are Lankford Bay, Corsica The Commission encourages Maryland. EPA is requesting comments River, Southeast Creek, and many electronic submission of protests and on this petition and whether EPA smaller tributaries. interventions in lieu of paper, using the should designate the Chester River and The State of Maryland has certified FERC Online links at http:// its tributaries as a No Discharge Zone as that there are nineteen stationary and www.ferc.gov. To facilitate electronic provided in the Clean Water Act. The four mobile pumpout stations located at service, persons with Internet access petition is available upon request from 17 marinas or docks throughout the who will eFile a document and/or be EPA (at the email address below) or at Chester River. Sixteen of the nineteen listed as a contact for an intervenor http://dnr.maryland.gov/boating/ stationary units also have a method to must create and validate an Documents/FINAL_CRA_NDZ_ empty portable toilets. All of the pump- eRegistration account using the APPLICATION.pdf. out stations noted were funded with eRegistration link. Select the eFiling grants administered by the Maryland link to log on and submit the DATES: Comments must be received in Department of Natural Resources and all intervention or protests. writing to EPA on or before April 27, comply with local and state sanitary Persons unable to file electronically 2017. permitting requirements. A list of the should submit an original and 5 copies ADDRESSES: Comments should be sent to facilities, phone numbers, locations, and of the intervention or protest to the Michael D. Hoffmann, U.S. hours of operation can be found below.

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LIST OF FACILITIES WITH PUMPOUTS IN THE PROPOSED NO DISCHARGE ZONE

Mean low Pumpout facility Operating hours in water depth Phone No. Address season (ft)

Bayside Landing Park ...... 24–7 ...... 5 410–778–2600 20927 Bayside Avenue, Rock Hall, MD 21661. Castle Harbor Marina ...... 24–7 ...... 6 410–643–5599 301 Tackle Cir, Chester, MD 21619. Chestertown Marina ...... 9:00–5:00 daily ..... 10 410–778–0500 207 S Water St, Chestertown, MD 21620. Gratitude Marina ...... 9:00–5:00 daily ..... 7 410–639–7011 5924 Lawton Ave, Rock Hall, MD 21661. Haven Harbor Marina ...... 8:00–5:00 daily ..... 6 410–778–6687 20880 Rock Hall Ave, Rock Hall, MD 21661. Kennersley Point Marina ...... 8:00–5:00 daily ..... 3 410–758–2394 223 Marina Ln, Church Hill, MD 21623. Lankford Bay Marina ...... 24–7 ...... 7 410–778–1414 23002 McKinleyville Rd, Rock Hall, MD 21661. Long Cove Marina ...... 8:00–5:00 daily ..... 6 410–778–6777 22589 Hudson Rd, Rock Hall, MD 21661. Mears Point Marina ...... 8:30–7:00 daily ..... 6 410–827–8888 428 Kent Narrow Way N, Grasonville, MD 21638. North Point Marina ...... 9:00–5:00 daily ..... 6 410–639–2907 5639 Walnut St, Rock Hall, MD 21661. Osprey Point Marina ...... 24–7 ...... 6 410–639–2194 20786 Rock Hall Ave, Rock Hall, MD 21661. Piney Narrows Yacht Haven ...... 8:30–6:30 daily ..... 8 410–643–6600 500 Piney Narrows Rd, Chester, MD 21619. Queenstown Harbor Community Pier 24–7 ...... 6 301–343–5487 252 Harbor Lane, Queenstown, MD 21658. Rock Hall Landing Marina ...... 9:00–5:00 daily ..... 5 410–639–2224 5657 S Hawthorne Ave, Rock Hall, MD 21661. Sailing Emporium ...... 8:00–5:00 daily ..... 8 410–778–1342 21144 Green Lane, Rock Hall, MD 21661. Spring Cove Marina ...... 24–7 ...... 5 410–639–2110 21035 Spring Cove Rd, Rock Hall, MD 21661. Swan Creek Marina ...... 24–7 ...... 7 410–639–7813 6043 Lawton Ave, Rock Hall, MD 21661.

The State of Maryland has provided tourism, commercial and recreational the Board of Governors. Interested documentation indicating that the total fishing for fish and shellfish, boating, persons may express their views in vessel population is estimated to be and more. Many people use the Chester writing on the standards enumerated in between 2,705 and 4,700 boats in the River for hunting, cruising, nature the BHC Act (12 U.S.C. 1842(c)). If the proposed area. Using the higher of those observation, sightseeing, waterskiing, proposal also involves the acquisition of estimates, approximately 3,196 are tubing, racing, and swimming. Based on a nonbanking company, the review also identified as recreational vessels, 1,151 a study by the Sage Policy Group in includes whether the acquisition of the are identified as commercial vessels, 2012, cited in the application, the nonbanking company complies with the and 353 are classified as ‘‘Other.’’ The Chester River supports $86 million in standards in section 4 of the BHC Act estimated vessel population in all of the annual local economic activity, 900 (12 U.S.C. 1843). Unless otherwise affected areas is based on length: The jobs, and $26.7 million in annual labor noted, nonbanking activities will be most conservative estimates provided by income. conducted throughout the United States. the State of Maryland suggest that there Dated: March 10, 2017. Unless otherwise noted, comments are no vessels less than 16 feet in length, Cecil Rodrigues, 15 vessels between 16 feet and 25 feet regarding each of these applications Acting Regional Administrator, Mid-Atlantic must be received at the Reserve Bank in length, 3,034 vessels between 25 feet Region. and 40 feet in length, and 1,651 vessels indicated or the offices of the Board of greater than 40 feet in length. Based on [FR Doc. 2017–06113 Filed 3–27–17; 8:45 am] Governors not later than April 24, 2017. BILLING CODE 6560–50–P the number and size of vessels and EPA A. Federal Reserve Bank of Chicago guidance for state and local officials, the (Colette A. Fried, Assistant Vice estimated number of vessels requiring FEDERAL RESERVE SYSTEM President) 230 South LaSalle Street, pumpout facilities in the Chester River Chicago, Illinois 60690–1414: during peak occupancy is 1,207. Formations of, Acquisitions by, and In their application, Maryland has 1. Wisconsin Mutual Bancorp, MHC, Mergers of Bank Holding Companies certified that the Chester River and its Kaukauna, Wisconsin and EWSB tributaries need greater environmental The companies listed in this notice Bancorp, Inc., Kaukauna, Wisconsin; to protection and enhancement of the have applied to the Board for approval, become bank holding companies by waters. Maryland has classified the pursuant to the Bank Holding Company acquiring 100 percent of the voting Chester River and the Chesapeake Bay Act of 1956 (12 U.S.C. 1841 et seq.) shares of East Wisconsin Savings Bank, which it drains into, as impaired for not (BHC Act), Regulation Y (12 CFR part Kaukauna, Wisconsin, upon its meeting applicable state water quality 225), and all other applicable statutes conversion from mutual to stock form. standards. One hundred percent (100%) and regulations to become a bank Board of Governors of the Federal Reserve of the Chester River is considered holding company and/or to acquire the System, March 23, 2017. impaired by either nutrients, sediment, assets or the ownership of, control of, or Yao-Chin Chao, bacteria or a combination thereof. The the power to vote shares of a bank or Assistant Secretary of the Board. counties of Kent and Queen Anne’s that bank holding company and all of the surround the Chester River rank as the banks and nonbanking companies [FR Doc. 2017–06110 Filed 3–27–17; 8:45 am] top two Maryland waterfront counties in owned by the bank holding company, BILLING CODE 6210–01–P terms of beach closings by percentage of including the companies listed below. beaches. All beach closings were due to The applications listed below, as well elevated bacteria as evidenced by high as other related filings required by the levels of enterococci. Board, are available for immediate The Chester River is an important inspection at the Federal Reserve Bank economic driver for the region, indicated. The applications will also be providing jobs and revenue through available for inspection at the offices of

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DEPARTMENT OF HEALTH AND written/paper submission and in the the information at: http://www.fda.gov/ HUMAN SERVICES manner detailed (see ‘‘Written/Paper regulatoryinformation/dockets/ Submissions’’ and ‘‘Instructions’’). default.htm. Food and Drug Administration Written/Paper Submissions Docket: For access to the docket to [Docket No. FDA–2017–N–0932] Submit written/paper submissions as read background documents or the electronic and written/paper comments Agency Information Collection follows: • received, go to https:// Activities; Proposed Collection; Mail/Hand delivery/Courier (for www.regulations.gov and insert the Comment Request; Experimental written/paper submissions): Division of Study on Warning Statements for Dockets Management (HFA–305), Food docket number, found in brackets in the Cigarette Graphic Health Warnings and Drug Administration, 5630 Fishers heading of this document, into the Lane, Rm. 1061, Rockville, MD 20852. ‘‘Search’’ box and follow the prompts AGENCY: Food and Drug Administration, • For written/paper comments and/or go to the Division of Dockets HHS. submitted to the Division of Dockets Management, 5630 Fishers Lane, Rm. ACTION: Notice. Management, FDA will post your 1061, Rockville, MD 20852. comment, as well as any attachments, SUMMARY: The Food and Drug except for information submitted, FOR FURTHER INFORMATION CONTACT: Administration (FDA) is announcing an marked and identified, as confidential, JonnaLynn Capezzuto, Office of opportunity for public comment on the if submitted as detailed in Operations, Food and Drug proposed collection of certain ‘‘Instructions.’’ Administration, Three White Flint information by the Agency. Under the Instructions: All submissions received North, 10A63, 11601 Landsdown St., Paperwork Reduction Act of 1995 (the must include the Docket No. FDA– North Bethesda, MD 20852, 301–796– PRA), Federal Agencies are required to 2017–N–0932 for ‘‘Agency Information 3794. publish notice in the Federal Register Collection Activities, Proposed concerning each proposed collection of Collection; Comment Request; SUPPLEMENTARY INFORMATION: Under the information and to allow 60 days for Experimental Study on Warning PRA (44 U.S.C. 3501–3520), Federal public comment in response to the Statements for Cigarette Graphic Health Agencies must obtain approval from the notice. This notice solicits comments on Warnings.’’ Received comments will be Office of Management and Budget the Experimental Study on Warning placed in the docket and, except for (OMB) for each collection of Statements for Cigarette Graphic Health those submitted as ‘‘Confidential information they conduct or sponsor. Warnings that is being conducted in Submissions,’’ publicly viewable at ‘‘Collection of information’’ is defined support of the graphic label statement https://www.regulations.gov or at the in 44 U.S.C. 3502(3) and 5 CFR provision of the Family Smoking Division of Dockets Management 1320.3(c) and includes Agency requests Prevention and Tobacco Control Act between 9 a.m. and 4 p.m., Monday or requirements that members of the (the Tobacco Control Act). through Friday. public submit reports, keep records, or • Confidential Submissions—To DATES: Submit either electronic or provide information to a third party. submit a comment with confidential written comments on the collection of Section 3506(c)(2)(A) of the PRA (44 information by May 30, 2017. information that you do not wish to be made publicly available, submit your U.S.C. 3506(c)(2)(A)) requires Federal ADDRESSES: You may submit comments Agencies to provide a 60-day notice in as follows: comments only as a written/paper submission. You should submit two the Federal Register concerning each Electronic Submissions copies total. One copy will include the proposed collection of information Submit electronic comments in the information you claim to be confidential before submitting the collection to OMB following way: with a heading or cover note that states for approval. To comply with this • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS requirement, FDA is publishing notice https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The of the proposed collection of instructions for submitting comments. Agency will review this copy, including information set forth in this document. Comments submitted electronically, the claimed confidential information, in With respect to the following including attachments, to https:// its consideration of comments. The collection of information, FDA invites www.regulations.gov will be posted to second copy, which will have the comments on these topics: (1) Whether the docket unchanged. Because your claimed confidential information the proposed collection of information comment will be made public, you are redacted/blacked out, will be available is necessary for the proper performance for public viewing and posted on solely responsible for ensuring that your of FDA’s functions, including whether https://www.regulations.gov. Submit comment does not include any the information will have practical confidential information that you or a both copies to the Division of Dockets utility; (2) the accuracy of FDA’s third party may not wish to be posted, Management. If you do not wish your estimate of the burden of the proposed such as medical information, your or name and contact information to be collection of information, including the anyone else’s Social Security number, or made publicly available, you can confidential business information, such provide this information on the cover validity of the methodology and as a manufacturing process. Please note sheet and not in the body of your assumptions used; (3) ways to enhance that if you include your name, contact comments and you must identify this the quality, utility, and clarity of the information, or other information that information as ‘‘confidential.’’ Any information to be collected; and (4) identifies you in the body of your information marked as ‘‘confidential’’ ways to minimize the burden of the comments, that information will be will not be disclosed except in collection of information on posted on https://www.regulations.gov. accordance with 21 CFR 10.20 and other respondents, including through the use • If you want to submit a comment applicable disclosure law. For more of automated collection techniques, with confidential information that you information about FDA’s posting of when appropriate, and other forms of do not wish to be made available to the comments to public dockets, see 80 FR information technology. public, submit the comment as a 56469, September 18, 2015, or access

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Experimental Study on Warning Statements for Cigarette Graphic Health statutory text warning. The revised Statements for Cigarette Graphic Health Warnings is a voluntary online warning statements being tested in this Warnings experiment conducted with consumers. proposed study are: OMB Control Number—0910–New The purpose of the proposed study is to • WARNING: Smoking causes mouth assess whether potential textual The health risks associated with the and throat cancer. warnings statements, which have been • WARNING: Smoking causes head and use of cigarettes can be significant and revised from those enumerated in far-reaching. In 2009, Congress enacted neck cancer. section 4 of FCLAA, promote greater • the Tobacco Control Act (Pub. L. 111– WARNING: Smoking causes bladder public understanding of the negative cancer, which can lead to bloody 31), which amends the Federal Food, health consequences of cigarette Drug, and Cosmetic Act (the FD&C Act) urine. smoking. The study will collect data • to grant FDA authority to regulate the WARNING: Smoking during from various groups of consumers, pregnancy causes premature birth. manufacture, marketing, and including adolescent (under age 18) distribution of tobacco products to • WARNING: Smoking during current cigarette smokers, adolescents pregnancy stunts fetal growth. protect the public health and to reduce who are susceptible to initiation of • WARNING: Smoking during tobacco use by minors. Section 201 of cigarette smoking, young adult (ages 18- pregnancy causes premature birth and the Tobacco Control Act amends section to 24) current cigarette smokers, and low birth weight. 4 of the Federal Cigarette Labeling and older adult (ages 25 and above) current • WARNING: Secondhand smoke Advertising Act (FCLAA) (15 U.S.C. cigarette smokers. The results will 1333) to require FDA to issue causes respiratory illnesses in inform the Agency’s development of ‘‘regulations that require color graphics children, like pneumonia. cigarette graphic health warnings to be depicting the negative health • tested in future studies with the goal of WARNING: Smoking can cause heart consequences of smoking to accompany implementing the mandatory graphic disease and strokes by clogging the label statements specified in warning label statement consistent with arteries. subsection (a)(1).’’ Section 202(b) of the • section 4(d) of FCLAA and the First WARNING: Smoking causes COPD, a Tobacco Control Act further amends Amendment. lung disease that can be fatal. section 4 the FCLAA by adding that the • Proposed Study Overview: In this WARNING: Smoking causes serious Secretary, through notice and comment study, adolescent current cigarette lung diseases like emphysema and rulemaking, may adjust the ‘‘text of any smokers, adolescents who are chronic bronchitis. of the label requirements . . . if the susceptible to initiation of cigarette • WARNING: Smoking reduces blood Secretary finds that such a change smoking, young adult current cigarette flow, which can cause erectile would promote greater public smokers, and older adult current dysfunction. understanding of the risks associated smokers will be recruited from an • WARNING: Smoking reduces blood with the use of tobacco products.’’ flow to the limbs, which can require In the Federal Register of June 22, Internet panel of more than 1.2 million amputation. 2011 (76 FR 36628), FDA issued a final people and screened for inclusion into • WARNING: Smoking raises blood rule entitled ‘‘Required Warnings for the study. Participants who meet the sugar, which can cause type 2 Cigarette Packages and inclusion criteria will be randomized into one of 17 conditions in a between- diabetes. Advertisements,’’ which specified nine • images to accompany the new textual subjects design. In each condition, WARNING: Smoking causes age- warning statements for cigarettes. participants will be exposed to a series related macular degeneration, which of nine warning statements, presented can lead to blindness. Although the rule was scheduled to • become effective 15 months after it sequentially. Participants randomized to WARNING: Smoking causes cataracts, issued, a panel of the U.S. Court of the control condition will view all nine which can lead to blindness. Appeals of the District of Columbia of the warning statements listed in In all conditions, after viewing each held, on August 24, 2012, that the rule section 4(a)(1) of FCLAA: statement, participants will respond to a in its current form violated the First • WARNING: Cigarettes are addictive. small number of questions about that Amendment. In a letter to Congress on • WARNING: Tobacco smoke can harm specific statement. Following viewing March 15, 2013, the Attorney General your children. all nine statements, participants will • reported FDA’s intention to undertake WARNING: Cigarettes cause fatal lung respond to a larger set of questions. research to support a new rulemaking disease. Next, participants will view an • WARNING: Cigarettes cause cancer. additional nine revised warning consistent with the Tobacco Control • Act. Preliminary research has been WARNING: Cigarettes cause strokes statements, drawn from the revised and heart disease. statements listed above, and respond to underway since 2013. Informed by the • previous court decisions on this matter, WARNING: Smoking during an additional set of questions. Primary pregnancy can harm your baby. study outcomes include beliefs and including on the First Amendment, the • WARNING: Smoking can kill you. knowledge of the negative health next phase of the research includes the • study proposed here, which is an effort WARNING: Tobacco smoke causes consequences of cigarette smoking. Prior by FDA to collect data concerning fatal lung disease in nonsmokers. to the main data collection, two pretests, • WARNING: Quitting smoking now revised textual warning statements for each with 50 participants, will take greatly reduces serious risks to your use with new images as part of cigarette place to ensure correct programming health. graphic health warnings, and their and to identify any issues with the potential impact on public Participants randomized to 1 of the 16 proposed study design and understanding of the risks associated experimental conditions will view 8 of implementation. with the use of cigarettes. the warning statements listed in section Estimated Burden: FDA estimates the As currently proposed, this 4(a)(1) of FCLAA (above) plus 1 burden of this collection of information Experimental Study on Warning statement that is a revised version of a as follows:

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Screening for pretest ...... 762 1 762 .033 (2 minutes) ...... 25 Pretest ...... 100 1 100 .25 (15 minutes) ...... 25 Screening for main data collection ...... 19,082 1 19,082 .033 (2 minutes) ...... 630 Main data collection ...... 2,500 1 2,500 .25 (15 minutes) ...... 625

Total ...... 1,305 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA’s burden estimate is based on Dated: March 22, 2017. ADDRESSES: The meeting will be held prior experience with research that is Leslie Kux, online via webinar. To register to attend similar to this proposed study. Associate Commissioner for Policy. the meeting, please visit the Healthy Screening potential participants for the [FR Doc. 2017–06078 Filed 3–27–17; 8:45 am] People Web site at http:// 2 pretests will occur with 762 BILLING CODE 4164–01–P www.healthypeople.gov. respondents (487 adults and 275 FOR FURTHER INFORMATION CONTACT: adolescents) identified and recruited Emmeline Ochiai, Designated Federal through the Internet panel. This brief DEPARTMENT OF HEALTH AND Officer, Secretary’s Advisory Committee screening will take an average of 2 HUMAN SERVICES on National Health Promotion and minutes (0.033 hours) per respondent. Disease Prevention Objectives for 2030, Announcement of Meeting of the Each of the 2 pretests will consist of 50 U.S. Department of Health and Human Secretary’s Advisory Committee on respondents (34 adults and 16 Services, Office of the Assistant National Health Promotion and Disease Secretary for Health, Office of Disease adolescents) conducted during a single Prevention Objectives for 2030 session and take an average of 15 Prevention and Health Promotion, 1101 Wootton Parkway, Room LL–100, minutes (0.25 hours) per respondent. AGENCY: Office of Disease Prevention Rockville, MD 20852, (240) 453–8280 Screening potential participants for the and Health Promotion, Office of the (telephone), (240) 453–8281 (fax). main data collection will occur with Assistant Secretary for Health, Office of Additional information is available on 19,082 respondents (11,925 adults and the Secretary, Department of Health and the Healthy People Web site at http:// 7,157 adolescents) identified and Human Services. www.healthypeople.gov. recruited through the same Internet ACTION: Notice. panel as used for the pretests. This brief SUPPLEMENTARY INFORMATION: The names and biographies of the screening will take an average of 2 SUMMARY: The U.S. Department of Committee members are available at minutes (0.033 hours) per respondent. Health and Human Services (HHS) https://www.healthypeople.gov/2020/ Recent national estimates of the announces the next federal advisory about/history-development/healthy- numbers of adolescent current cigarette committee meeting regarding the people-2030-advisory-committee. smokers, adolescents who are development of national health Purpose of Meeting: Through the promotion and disease prevention susceptible to initiation of cigarette Healthy People initiative, HHS leverages objectives for 2030. This meeting will be smoking, young adult current cigarette scientific insights and lessons from the held online via webinar and is open to smokers, and older adult current past decade, along with new knowledge the public. The Committee will discuss cigarette smokers informed the of current data, trends, and innovations, the nation’s health promotion and estimates of 13.9 percent qualification to develop the next iteration of national disease prevention objectives and will rate for adults and 11.6 percent health promotion and disease provide recommendations to improve qualification rate for adolescents. prevention objectives. Healthy People health status and reduce health risks for Applying these estimates and other provides science-based, 10-year national the nation by the year 2030. The assumptions from previous experience objectives for promoting health and Committee will advise the Secretary on conducting similar studies to the preventing disease. Since 1979, Healthy the Healthy People 2030 mission, number of adolescents and adults to be People has set and monitored national vision, framework, and organizational screened results in the desired sample health objectives that meet a broad structure. The Committee will provide size for the main data collection of 2,500 range of health needs, encourage advice regarding criteria for identifying participants, of which 1,667 will be collaboration across sectors, guide a more focused set of measurable, individuals toward making informed adults and 833 will be adolescents. The nationally representative objectives. The health decisions, and measure the main data collection will occur with Committee’s advice must assist the impact of our prevention and health those 2,500 respondents during a single Secretary in reducing the number of promotion activities. Healthy People session. The main data collection will objectives while ensuring that the 2030 health objectives will reflect take an average of 15 minutes (0.25 selection criteria identifies the most assessments of major risks to health and hours) per respondent. The total critical public health issues that are wellness, changing public health estimated burden is 1,305 hours (25 high-impact priorities supported by priorities, and emerging technologies hours + 25 hours + 630 hours + 625 current national data. hours). related to our nation’s health DATES: The Committee will meet on preparedness and prevention. April 27, 2017, from 12:00 p.m. to 2:00 Public Participation at Meeting: p.m. Eastern Time (ET). Members of the public are invited to

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join the online Committee meeting. Date: March 29, 2017. 20894, 301–435–5985, dlipman@ There will be no opportunity for oral Time: 1:00 p.m. to 3:30 p.m. mail.nih.gov. public comments during this online Agenda: To review and evaluate grant Any interested person may file written Committee meeting. However, written applications. comments with the committee by forwarding Place: National Cancer Institute Shady comments are welcome throughout the the statement to the Contact Person listed on Grove, 9609 Medical Center Drive, Room this notice. The statement should include the entire development process of the 7W104, Rockville, MD 20850 (Telephone national health promotion and disease name, address, telephone number and when Conference Call). applicable, the business or professional prevention objectives for 2030 and may Contact Person: Eun Ah Cho, Ph.D., Chief, affiliation of the interested person. be emailed to [email protected]. Special Review Branch, Division of In the interest of security, NIH has To join the Committee meeting, Extramural Activities, National Cancer instituted stringent procedures for entrance Institute, NIH, 9609 Medical Center Drive, individuals must pre-register at the onto the NIH campus. All visitor vehicles, Room 7W104, Bethesda, MD 20892–9750, Healthy People Web site at http:// including taxicabs, hotel, and airport shuttles 240–276–6342, [email protected]. will be inspected before being allowed on www.healthypeople.gov. Participation in This notice is being published less than 15 campus. Visitors will be asked to show one the meeting is limited. Registrations will days prior to the meeting due to the timing be accepted until maximum webinar limitations imposed by the review and form of identification (for example, a capacity is reached and must be funding cycle. government-issued photo ID, driver’s license, completed by 9:00 a.m. ET on April 26, or passport) and to state the purpose of their (Catalogue of Federal Domestic Assistance visit. 2017. A waiting list will be maintained Program Nos. 93.392, Cancer Construction; should registrations exceed capacity, 93.393, Cancer Cause and Prevention (Catalogue of Federal Domestic Assistance and those individuals will be contacted Research; 93.394, Cancer Detection and Program No. 93.879, Medical Library Diagnosis Research; 93.395, Cancer Assistance, National Institutes of Health, as additional space for the meeting HHS). becomes available. Registration Treatment Research; 93.396, Cancer Biology questions may be directed to: Jim Research; 93.397, Cancer Centers Support; Dated: March 22, 2017. 93.398, Cancer Research Manpower; 93.399, Michelle Trout, Nakayama at events@ Cancer Control, National Institutes of Health, nakamotogroup.com, or (240) 672–4011. HHS) Program Analyst, Office of Federal Advisory Committee Policy. Authority: 42 U.S.C. 217a. The Secretary’s Dated: March 22, 2017. Advisory Committee on National Health [FR Doc. 2017–06045 Filed 3–27–17; 8:45 am] Melanie J. Pantoja, Promotion and Disease Prevention Objectives BILLING CODE 4140–01–P for 2030 is governed by provisions of the Program Analyst, Office of Federal Advisory Federal Advisory Committee Act (FACA), Committee Policy. Public Law 92–463, as amended (5 U.S.C., [FR Doc. 2017–06039 Filed 3–27–17; 8:45 am] DEPARTMENT OF HEALTH AND App.) which sets forth standards for the BILLING CODE 4140–01–P HUMAN SERVICES formation and use of federal advisory committees. National Institutes of Health Dated: March 10, 2017. DEPARTMENT OF HEALTH AND Don Wright, HUMAN SERVICES National Cancer Institute; Notice of Deputy Assistant Secretary for Health Closed Meeting (Disease Prevention and Health Promotion). National Institutes of Health Pursuant to section 10(d) of the [FR Doc. 2017–06033 Filed 3–27–17; 8:45 am] National Library of Medicine; Notice of Federal Advisory Committee Act, as BILLING CODE 4150–32–P Meeting amended (5 U.S.C. Appendix 2); notice is hereby given of the following Pursuant to section 10(a) of the meeting. DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as HUMAN SERVICES amended (5 U.S.C. App), notice is The meeting will be closed to the hereby given of a meeting of the public in accordance with the National Institutes of Health PubMed Central National Advisory provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Cancer Institute; Notice of Committee. The meeting will be open to the as amended. The purpose of this Closed Meetings public as indicated below, with meeting is to evaluate requests for Pursuant to section 10(d) of the attendance limited to space available. preclinical development resources for Federal Advisory Committee Act, as Individuals who plan to attend and potential new therapeutics for the amended (5 U.S.C. App.), notice is need special assistance, such as sign treatment of cancer. The outcome of the hereby given of the following meetings. language interpretation or other evaluation will provide information to The meetings will be closed to the reasonable accommodations, should internal NCI committees that will public in accordance with the notify the Contact Person listed below decide whether NCI should support provisions set forth in sections in advance of the meeting. requests and make available contract resources for development of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: PubMed Central as amended. The grant applications and National Advisory Committee. potential therapeutic to improve the the discussions could disclose Date: June 21, 2017. treatment of various forms of cancer. confidential trade secrets or commercial Time: 2:00 p.m. to 4:00 p.m. The research proposals and the property such as patentable material, Agenda: Review and Analysis of Systems. discussions could disclose confidential and personal information concerning Place: National Library of Medicine, trade secrets or commercial property individuals associated with the grant Building 38, 2nd Floor, The Lindberg Room, such as patentable material, and applications, the disclosure of which 8600 Rockville Pike, Building 38, Conference personal information concerning would constitute a clearly unwarranted Room B, Bethesda, MD 20892 individuals associated with the (Teleconference). invasion of personal privacy. Contact Person: David J. Lipman, MD, proposed research projects, the Name of Committee: National Cancer Director, National Center for Biotechnology disclosure of which would constitute a Institute Special Emphasis Panel; NCI Information, National Library of Medicine, clearly unwarranted invasion of Provocative Question #10. Building 38, Room 8N807, Bethesda, MD personal privacy.

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Name of Committee: National Cancer Rockville, MD 20850, (240) 276–5683, DEPARTMENT OF HEALTH AND Institute Special Emphasis Panel; Feb2017 [email protected]. HUMAN SERVICES Cycle 25 NExT SEP Committee Meeting. (Catalogue of Federal Domestic Assistance Date: April 19, 2017. Program Nos. 93.392, Cancer Construction; National Institutes of Health Time: 8:30 a.m. to 4:30 p.m. Agenda: To evaluate the NCI Experimental 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Prospective Grant of an Exclusive Therapeutics Program Portfolio. Patent License for Commercialization: Place: National Institutes of Health, 9000 Diagnosis Research; 93.395, Cancer Rockville Pike, Building 31, Wing C; 6th Treatment Research; 93.396, Cancer Biology Cerclage Annuloplasty Devices for Floor, Conference Room 10, Bethesda, MD Research; 93.397, Cancer Centers Support; Treating Mitral Valve Regurgitation 20892. 93.398, Cancer Research Manpower; 93.399, Contact Person: Barbara Mroczkowski, Cancer Control, National Institutes of Health, AGENCY: National Institutes of Health, Ph.D., Executive Secretary, Discovery HHS) HHS. Experimental Therapeutics Program, ACTION: Notice. National Cancer Institute, NIH, 31 Center Dated: March 22, 2017. Drive, Room 3A44, Bethesda, MD 20817, Melanie J. Pantoja, SUMMARY: (301) 496–4291, [email protected]. The National Institutes of Program Analyst, Office of Federal Advisory Health (NIH), Department of Health and Toby Hecht, Ph.D., Executive Secretary, Committee Policy. Development Experimental Therapeutics Human Services, is contemplating the Program, National Cancer Institute, NIH, [FR Doc. 2017–06040 Filed 3–27–17; 8:45 am] grant of a worldwide exclusive license 9609 Medical Center Drive, Room 3W110, BILLING CODE 4140–01–P to practice the inventions embodied in:

Patent No. or NIH Ref. No. application No. Filing date Title

E–249–2006/0–US–01 ...... 60/858,716 November 14, 2006 ...... A Device To Protect Coronary Arteries Against Compres- sion During Transcatheter Mitral Valve Annuloplasty (PMVA). E–249–2006/1–US–01 ...... 60/932,611 May 31, 2006. E–249–2006/2–PCT–01 ...... PCT/US2007/023876 November 13, 2007. E–249–2006/2–EP–02 ...... 07861997.0 November 13, 2007 ...... Transcatheter Coronary Sinus Mitral Valve Annuloplasty Procedure And Coronary Artery And Myocardial Pro- tection Device. E–249–2006/2–US–03 ...... 8,211,171 November 13, 2007. E–249–2006/2–US–04 ...... 9,271,833 November 13, 2007. E–249–2006/3–US–01 ...... 15/056,599 February 29, 2016 ...... Transcatheter Coronary Sinus Mitral Valve Annuloplasty Procedure and Coronary Artery and Myocardial Protec- tion Device with ‘‘Landing Zone’’.

to Transmural Systems, LLC, a limited disorders, with an estimated prevalence normal MV, resulting in secondary MR. liability company incorporated under of approximately 1.7% in the United Specifically, LV dysfunction and the laws of the State of Massachusetts States, increasing with age to remodeling lead to apical and lateral and having its principle place of approximately 9.3% in those over the papillary muscle displacement, business in Andover, Massachusetts. age of 75. MR is classified as primary resulting in leaflet tethering, dilation The contemplated exclusive license may (also known as ‘‘organic’’) when and flattening of the mitral annulus, and be limited to cerclage annuloplasty principally due to a structural or reduced valve closing forces. devices for treating mitral valve degenerative abnormality of the mitral The subject mitral repair system regurgitation. valve (MV), whether of the leaflets, devices are primarily intended to treat chordae tendineae, papillary muscles, or secondary mitral regurgitation. The DATES: Only written comments and/or mitral annulus. Secondary (also known proposed mitral cerclage with coronary applications for a license that are as functional) MR occurs in the absence artery protection is an approach capable received by NIH at the address indicated of organic MV disease, usually from left of overcoming many of the problems below on or before April 12, 2017 will ventricular (LV) dysfunction. It is more that exist with existing devices namely be considered. common than primary MR and is allowing a larger subset of patients to be ADDRESSES: Requests for a copy of any associated with a worse prognosis treated compared to other coronary unpublished patent application, (compounded by the underlying sinus devices, providing a full inquiries, objections to this notice, cardiomyopathy), and (in contrast to annuloplasty type device which is comments and other requests relating to primary MR) the benefits of MV surgery flexible enough to preserve annular the contemplated license should be are uncertain. The MV consists of two motion, reduce hospitalization costs and directed to: Michael Shmilovich, Esq., leaflets (anterior and posterior) sitting shorten recovery time. The associated CLP, Senior Licensing and Patent within the annulus (see picture below). method closely resembles the surgical Manager, 31 Center Drive Room 4A29, The posterior mitral leaflet originates placement of a full annuloplasty ring. MSC2479, Bethesda, MD 20892–2479, from the left atrial (LA) endocardium. A phone number 301–435–5019, or subvalvular apparatus, comprising two E–249–2009/0–2 [email protected]. papillary muscles (anterolateral and Catheter-based mitral valve SUPPLEMENTARY INFORMATION: This posteromedial) arising from the LV regurgitation treatments that use notice is published in accordance with myocardium and the chordae tendineae, coronary sinus trajectory or coronary 35 U.S.C. 209(c)(1) and 37 CFR supports the leaflets. LV dilation due to sinus implant can have unwanted 404.7(a)(1)(i). ischemic or nonischemic effects because the coronary sinus and Mitral regurgitation (MR) is amongst cardiomyopathy secondarily impairs its branches have been found to cross the most common valvular heart leaflet coaptation of a structurally the outer diameter of major coronary

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arteries in a majority of humans. As a mechanical ‘‘landing zone’’ for mitral and Budget (OMB) a request for review result, pressure applied by any valve implantation. A cerclage and approval of the information prosthetic device in the coronary sinus annuloplasty ring would allow outward collection listed below. This proposed (such as tension on the annuloplasty expansion of the mitral valve to achieve information collection was previously device) can compress the underlying fixation. However, without the cerclage published in the Federal Register on coronary artery and induce myocardial protection device in place, such a December 29, 2016, page 96020 (Vol. 81, ischemia or infarction. This invention strategy would cause compression of an No. 250) and allowed 60 days for public pertains to devices and methods that entrapped coronary artery. This new comment. No public comments were avoid constricting coronary artery embodiment of the protection device received. The purpose of this notice is branches during coronary sinus-based protects coronary arteries not from to allow an additional 30 days for public annuloplasty. These devices and extrinsic compression but from ‘‘inside- comment. methods protect coronary artery out’’ compression, thereby allowing DATES: Comments regarding this branches from constriction during trans- cerclage to be the first step for information collection are best assured sinus mitral annuloplasty. The device transcatheter mitral valve implantation. of having their full effect if received protects a coronary vessel from It also allows the latter to be employed within 30-days of the date of this compression during mitral annuloplasty as second-stage adjunct or bailout for publication. by extending an annuloplasty element, inadequate cerclage mitral valve ADDRESSES: Written comments and/or such as a tensioning device, at least annuoplasty. suggestions regarding the item(s) partially through the coronary sinus The prospective exclusive license will contained in this notice, especially over a coronary artery. The device is a be royalty bearing and will comply with regarding the estimated public burden surgically sterile bridge configured for the terms and conditions of 35 U.S.C. and associated response time, should be placement within the coronary sinus at 209 and 37 CFR 404.7. The prospective directed to the: Office of Management a location where the coronary sinus exclusive license may be granted unless, and Budget, Office of Regulatory Affairs, passes over a coronary artery, so that the within fifteen (15) days from the date of [email protected] or by protection device provides a support for this published notice, NIH receives fax to 202–395–6974, Attention: Desk a mitral annuloplasty element, such as written evidence and argument that Officer for NIH. a compressive prosthesis, including a establishes that the grant of the license tension element when it is placed under FOR FURTHER INFORMATION CONTACT: To would not be consistent with the request more information on the tension. The protection device has an requirements of 35 U.S.C. 209 and 37 arch of sufficient rigidity and proposed project or to obtain a copy of CFR 404.7. the data collection plans and dimensions to support the tensioning Properly filed competing applications element over the coronary artery, instruments, contact: Dr. Mary Ann for a license filed in response to this Guadagno, Project Clearance Liaison, redistribute tension away from an notice will be treated as objections to underlying coronary artery, and inhibit Center for Scientific Review, NIH, Room the contemplated license. Comments 3182, 6701 Rockledge Drive, Bethesda, application of pressure to the and objections submitted in response to underlying artery, for example when an MD 20892 or call non-toll-free number this notice will not be made available (301) 435–1251 or Email your request, annuloplasty tension element is placed for public inspection, and, to the extent under tension during mitral including your address to: guadagma@ permitted by law, will not be released csr.nih.gov. annuloplasty. In particular, the under the Freedom of Information Act, SUPPLEMENTARY INFORMATION: The protective device can be a support 5 U.S.C. 552. interposed in the coronary sinus Center for Scientific Review (CSR), between the annuloplasty device and Dated: March 17, 2017. National Institutes of Health, may not the coronary artery. The device may be Michael Shmilovich, conduct or sponsor, and the respondent substantially tubular so that the Senior Licensing and Patenting Manager, is not required to respond to, an tensioning element is contained within Office of Technology Transfer and information collection that has been the protective device and supported in Development, National Heart, Lung, and extended, revised, or implemented on or spaced relationship to the coronary Blood Institute. after October 1, 1995, unless it displays artery. An arch may be configured to [FR Doc. 2017–06036 Filed 3–27–17; 8:45 am] a currently valid OMB control number. extend between a proximal end and a BILLING CODE 4140–01–P In compliance with Section distal end that are substantially 3507(a)(1)(D) of the Paperwork collinear with one another so that the Reduction Act of 1995, the National ends form stabilizing members such as DEPARTMENT OF HEALTH AND Institutes of Health (NIH) has submitted feet that retain the bridge in position HUMAN SERVICES to the Office of Management and Budget over the coronary artery. (OMB) a request for review and National Institutes of Health approval of the information collection E–249–2009/3 Submission for OMB Review; 30-Day listed below. Another embodiment of the cerclage Comment Request; Early Career Proposed Collection: Early Career protection device is a combination with Reviewer Program Application and Reviewer Program Application and a cerclage tension element that can be Vetting System (EAVS) (Center for Vetting System (EAVS) OMB #0925– used to facilitate transcatheter mitral Scientific Review) 0695, Expiration Date: 04/30/2017, valve implantation. The transcatheter Extension, Center for Scientific Review strategy includes a ‘‘valve-in-ring’’ AGENCY: National Institutes of Health, (CSR), National Institutes of Health wherein a cerclage annuloplasty is first HHS. (NIH). performed. During the same session or ACTION: Notice. Need and Use of Information during a separate procedure, a Collection: The Center for Scientific transcatheter mitral valve implantation SUMMARY: In compliance with the Review (CSR) is the portal for NIH grant could be performed that would take Paperwork Reduction Act of 1995, the applications and their review for advantage of the cerclage annuloplasty National Institutes of Health (NIH) has scientific merit. Our mission is to see system to serve as a visual and a submitted to the Office of Management that NIH grant applications receive fair,

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independent, expert, and timely The CSR Early Career Reviewer provide their names, contact reviews—free from inappropriate program was developed to identify and information, a description of their areas influences—so NIH can fund the most train qualified scientists who are early of expertise, their study section promising research. To accomplish this in their scientific careers and who have preferences, professional Curriculum goal, Scientific Review Officers (SRO) not had prior CSR review experience. Vitae and links to their professional form study sections consisting of The goals of the program are to expose Web site. This Information Collection scientists who have the technical and these early career scientists to the peer Request (ICR) is to extend the Early scientific expertise to evaluate the merit review experience so that they become Career Reviewer Application and of grant applications. Study section more competitive as applicants as well Vetting System to process applications members are generally scientists who as to enrich the existing pool of NIH for the Early Career Reviewer program. have established independent programs reviewers. Currently, online application OMB approval is requested for 3 of research as demonstrated by their software, the Early Career Reviewer years. There are no costs to respondents Application and Vetting System, is other than their time. The total publications and their grant award accessed online by applicants to the estimated annualized burden hours are experiences. Early Career Reviewer Program who 450.

ESTIMATED ANNUALIZED BURDEN HOURS

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

A ...... Applicants ...... 1080 1 25/60 450

Totals ...... 1080 ...... 450

Dated: March 20, 2017. Place: Bethesda Marriott Suites, Patriot DEPARTMENT OF HEALTH AND Mary Ann Guadagno, Ball Room, 6711 Democracy Boulevard, HUMAN SERVICES Bethesda, MD 20817. Project Clearance Liaison, Center for Scientific Review (CSR), National Institutes Time: May 2, 2017, 8:30 a.m. to 12:00 p.m. National Institutes of Health of Health. Agenda: Update on Clinical Trials Policy; Eunice Kennedy Shriver National [FR Doc. 2017–06116 Filed 3–27–17; 8:45 am] Update on Cerebral Palsy Plan; Update on StrokeNet; Scientific Presentation on Institute of Child Health and Human BILLING CODE 4140–01–P Neuroplasticity. Development; Notice of Closed Place: Bethesda Marriott Suites, Patriot Meeting DEPARTMENT OF HEALTH AND Ball Room, 6711 Democracy Boulevard, Bethesda, MD 20817. Pursuant to section 10(d) of the HUMAN SERVICES Contact Person: Ralph M. Nitkin, Ph.D., Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is National Institutes of Health Deputy Director, National Center for Medical Rehabilitation Research (NCMRR), Eunice hereby given of the following meeting. The meeting will be closed to the Eunice Kennedy Shriver National Kennedy Shriver National Institute, of Child Health and Human Development, NIH, public in accordance with the Institute of Child Health and Human provisions set forth in sections Development; Notice of Meeting DHHS, 6710B Rockledge Drive, Room 2116, MSC 7002, Bethesda, MD 20892, (301) 402– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Pursuant to section 10(a) of the 4206, [email protected]. Information is also available on the the discussions could disclose Federal Advisory Committee Act, as confidential trade secrets or commercial amended (5 U.S.C. App.), notice is Institute’s/Center’s home page: http:// www.nichd.nih.gov/about/advisory/nabmrr/ property such as patentable material, hereby given of a meeting of the and personal information concerning National Advisory Board on Medical Pages/index.aspx where the current roster and minutes from past meetings are posted. individuals associated with the grant Rehabilitation Research. applications, the disclosure of which (Catalogue of Federal Domestic Assistance The meeting will be open to the would constitute a clearly unwarranted Program Nos. 93.864, Population Research; public, with attendance limited to space invasion of personal privacy. available. Individuals who plan to 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Name of Committee: National Institute of attend and need special assistance, such Child Health and Human Development as sign language interpretation or other Research; 93.209, Contraception and Infertility Loan Repayment Program, National Special Emphasis Panel; Environmental reasonable accommodations, should Institutes of Health, HHS) Aspects of Mexican Migration, 1995–2010. notify the Contact Person listed below Date: April 19, 2017. in advance of the meeting. Dated: March 22, 2017. Time: 2:00 p.m. to 3:30 p.m. Michelle Trout, Agenda: To review and evaluate grant Name of Committee: National Advisory applications. Program Analyst, Office of Federal Advisory Board on Medical Rehabilitation Research. Place: National Institutes of Health, 6710B Date: May 1–2, 2017. Committee Policy. Rockledge Drive Bethesda, MD 20817 Time: May 1, 2017, 9:00 a.m. to 5:00 p.m. [FR Doc. 2017–06044 Filed 3–27–17; 8:45 am] (Telephone Conference Call). Agenda: NICHD Director’s report; NIH BILLING CODE 4140–01–P Contact Person: Minki Chatterji, 6710B Research Plan on Rehabilitation Annual Bethesda Drive, 2221A, Bethesda, MD 20892, Report; Clinical trials; Update on the NIH 301.806.2515, [email protected]. Cures Act; Training Efforts to Support (Catalogue of Federal Domestic Assistance Rehabilitation Research; Breakout sessions. Program Nos. 93.864, Population Research;

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93.865, Research for Mothers and Children; Alcoholism, Terrace Level Conference Room, DEPARTMENT OF HEALTH AND 93.929, Center for Medical Rehabilitation 5635 Fishers Lane, Bethesda, MD 20892. HUMAN SERVICES Research; 93.209, Contraception and Contact Person: Abraham P. Bautista, Infertility Loan Repayment Program, National Ph.D., Executive Secretary, National Institute National Institutes of Health Institutes of Health, HHS) on Alcohol Abuse & Alcoholism, National Dated: March 22, 2017. Institutes of Health, 5635 Fishers Lane, Rm National Institute on Alcohol Abuse Michelle Trout, 2085, Rockville, MD 20852 301–443–9737 and Alcoholism; Notice of Closed [email protected]. Program Analyst, Office of Federal Advisory Meetings Committee Policy. Name of Committee: National Advisory Pursuant to section 10(d) of the Council on Alcohol Abuse and Alcoholism, [FR Doc. 2017–06043 Filed 3–27–17; 8:45 am] Federal Advisory Committee Act, as National Cancer Advisory Board, and BILLING CODE 4140–01–P National Advisory Council on Drug Abuse. amended (5 U.S.C. App.), notice is Open: May 3, 2017. hereby given of the following meetings. Time: 9:00 a.m. to 2:15 p.m. The meetings will be closed to the DEPARTMENT OF HEALTH AND public in accordance with the HUMAN SERVICES Agenda: Presentation of NIAAA, NCI, and NIDA Director’s Update, Scientific Reports, provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health and other topics within the scope of the Collaborative Research on Addiction at NIH as amended. The grant applications and National Institute on Alcohol Abuse (CRAN). the discussions could disclose and Alcoholism; Notice of Meeting Place: National Institutes of Health, confidential trade secrets or commercial National Institute on Alcohol Abuse and property such as patentable material, Pursuant to section 10(d) of the Alcoholism, Terrace Level Conference Room, and personal information concerning Federal Advisory Committee Act, as 5635 Fishers Lane, Bethesda, MD 20892. individuals associated with the grant amended (5 U.S.C. App.), notice is Contact Person: Abraham P. Bautista, applications, the disclosure of which hereby given of a meeting of the Ph.D., Executive Secretary, National Institute would constitute a clearly unwarranted National Advisory Council on Alcohol on Alcohol Abuse & Alcoholism, National invasion of personal privacy. Institutes of Health, 5635 Fishers Lane, Room Abuse and Alcoholism. Name of Committee: National Institute on 2085 Rockville, MD 20852 301–443–9737 The meeting will be open to the Alcohol Abuse and Alcoholism Special [email protected]. public as indicated below, with Emphasis Panel; RFA–AA–17–014 Paulette S. Gray, Ph.D., Director, Division Collaborative Research in HIV/AIDS, Alcohol attendance limited to space available. of Extramural Activities, National Cancer Individuals who plan to attend and and Related Comorbidities Institute, National Institutes of Health, 9609 Date: April 12–14, 2017. need special assistance, such as sign Medical Center Drive, Room, 7W444 Time: 9:00 a.m. to 5:00 p.m. language interpretation or other Bethesda, MD 20892 240–276–6340 grayp@ Agenda: To review and evaluate grant reasonable accommodations, should dea.nci.nih.gov. applications. notify the Contact Person listed below Susan Weiss, Ph.D., Director, Division of Place: National Institutes of Health, in advance of the meeting. The open Extramural Research, National Institute on National Institute of Alcohol Abuse and session on May 3, 2017 will be Drug Abuse, National Institutes of Health, Alcoholism, Terrace Level 508/509, 5635 videocast and can be accessed from the 6001 Executive Boulevard, NSC, Room 5274 Fishers Lane, Rockville, MD 20851. 301–443–6487 [email protected]. Contact Person: Ranga Srinivas, Ph.D., NIH Videocasting and Podcasting Web Chief, Extramural Project Review Branch, site (https://videocast.nih.gov/ Any interested person may file written National Institutes of Health, National live.asp?live=21960). comments with the committee by forwarding Institute on Alcohol Abuse and Alcoholism, The meeting will be closed to the the statement to the Contact Person listed on 5365 Fishers Lane, Room 2085, Rockville, public in accordance with the this notice. The statement should include the MD 20852, (301) 451–2067, srinivar@ provisions set forth in sections name, address, telephone number and when mail.nih.gov. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applicable, the business or professional This notice is being published less than 15 days prior to the meeting due to the timing as amended. The grant applications and affiliation of the interested person. Information is also available on the limitations imposed by the review and the discussions could disclose funding cycle. confidential trade secrets or commercial Institute’s/Center’s home page: https:// www.niaaa.nih.gov/news-events/meetings- Name of Committee: National Institute on property such as patentable material, events-exhibits?field_event_category_tid=16, Alcohol Abuse and Alcoholism Special and personal information concerning where an agenda and any additional Emphasis Panel; RFA–AA–17–015 individuals associated with the grant information for the meeting will be posted Expanding Alcohol-Focused High-Priority applications, the disclosure of which when available. Translational Research for HIV/AIDS. would constitute a clearly unwarranted Date: April 12–14, 2017. (Catalogue of Federal Domestic Assistance invasion of personal privacy. Time: 9:00 a.m. to 5:00 p.m. Program Nos. 93.271, Alcohol Research Agenda: To review and evaluate grant Name of Committee: National Advisory Career Development Awards for Scientists applications. Council on Alcohol Abuse and Alcoholism. and Clinicians; 93.272, Alcohol National Place: National Institutes of Health, Closed: May 2, 2017. Research Service Awards for Research National Institute of Alcohol Abuse and Time: 9:00 a.m. to 10:00 a.m. Training; 93.273, Alcohol Research Programs; Alcoholism, Terrace Level 508/509, 5635 Agenda: To review and evaluate grant 93.891, Alcohol Research Center Grants; Fishers Lane, Rockville, MD 20851. applications. 93.701, ARRA Related Biomedical Research Contact Person: Ranga Srinivas, Ph.D., Place: National Institutes of Health, and Research Support Awards., National Chief, Extramural Project Review Branch, National Institute on Alcohol Abuse and Institutes of Health, HHS) National Institutes of Health, National Alcoholism, Terrace Level Conference Room, Institute on Alcohol Abuse and Alcoholism, 5635 Fishers Lane, Bethesda, MD 20892. Dated: March 22, 2017. 5365 Fishers Lane, Room 2085, Rockville, Open: May 2, 2017. Melanie J. Pantoja, MD 20852 (301) 451–2067, srinivar@ Time: 10:15 a.m. to 3:15 p.m. Program Analyst, Office of Federal Advisory mail.nih.gov. Agenda: Presentations and other business This notice is being published less than 15 Committee Policy. of the Council. days prior to the meeting due to the timing Place: National Institutes of Health, [FR Doc. 2017–06041 Filed 3–27–17; 8:45 am] limitations imposed by the review and National Institute on Alcohol Abuse and BILLING CODE 4140–01–P funding cycle.

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(Catalogue of Federal Domestic Assistance Dated: March 22, 2017. subject to its jurisdiction as needed to Program Nos. 93.271, Alcohol Research Michelle Trout, support navigation safety. Career Development Awards for Scientists Program Analyst, Office of Federal Advisory Public Participation and Comments and Clinicians; 93.272, Alcohol National Committee Policy. Research Service Awards for Research [FR Doc. 2017–06038 Filed 3–27–17; 8:45 am] On March 22, 2016, we published a Training; 93.273, Alcohol Research Programs; BILLING CODE 4140–01–P Notice of Study; request for comments 93.891, Alcohol Research Center Grants; entitled ‘‘Port Access Route Study 93.701, ARRA Related Biomedical Research (PARS): In Nantucket Sound’’ in the and Research Support Awards., National DEPARTMENT OF HOMELAND Federal Register (81 FR 15327). Six Institutes of Health, HHS) SECURITY comments were received in response to Dated: March 22, 2017. our Federal Register Notice and other Melanie J. Pantoja, Coast Guard outreach efforts. Program Analyst, Office of Federal Advisory [Docket No. USCG–2016–0165] Viewing Documents and Comments Committee Policy. [FR Doc. 2017–06042 Filed 3–27–17; 8:45 am] Port Access Route Study (PARS): In To view the final report as submitted BILLING CODE 4140–01–P Nantucket Sound to Congress and comments, go to http:// www.regulations.gov, type ‘‘USCG– AGENCY: Coast Guard, DHS. 2016–0165’’ into the search bar and DEPARTMENT OF HEALTH AND ACTION: Notice of study; final report. click search, next to the displayed HUMAN SERVICES search results click ‘‘Open Docket SUMMARY: The U.S. Coast Guard (USCG) Folder’’, which will display all conducted the Nantucket Sound Port National Institutes of Health comments and documents associated Access Route Study (PARS) in with this study. National Center for Complementary accordance with the Ports and Privacy Act and Integrative Health; Notice of Waterways Safety Act (PWSA) (33 U.S.C. 1223(c)), as directed by the Coast Closed Meeting Anyone can search the electronic Guard Authorization Act of 2015. The form of comments received to the USCG used the standards and Pursuant to section 10(d) of the docket by the name of the individual methodology of the Atlantic Coast PARS Federal Advisory Committee Act, as submitting the comment (or signing the to determine whether existing amended (5 U.S.C. App.), notice is comment, if submitted on behalf of an regulations should be revised to hereby given of the following meeting. association, business, labor union, etc.). improve navigation safety in Nantucket You may review a Privacy Act notice The meeting will be closed to the Sound due to factors such as increased regarding our public dockets in the public in accordance with the vessel traffic, changing vessel traffic January 17, 2008, issue of the Federal provisions set forth in sections patterns, weather conditions, or Register (73 FR 3316). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., navigational difficulty. The report, as as amended. The grant applications and submitted to the Committee on Conclusion the discussions could disclose Transportation and Infrastructure of the confidential trade secrets or commercial House of Representatives and the The Nantucket Sound PARS focused property such as patentable material, Committee on Commerce, Science, and on gathering factual and relevant and personal information concerning Transportation of the Senate on information to aid the USCG assess individuals associated with the grant February 27, 2017, is available in the potential risk of marine casualties and applications, the disclosure of which docket for viewing. It concluded that no efficiency of vessel traffic in the region. would constitute a clearly unwarranted regulatory changes to existing vessel The USCG analyzed vessel traffic invasion of personal privacy. routing measures are needed. density, hazards, agency and stakeholder experience in vessel traffic FOR FURTHER INFORMATION CONTACT: If Name of Committee: National Center for management, navigation, ship handling, you have questions on this notice, email Complementary and Integrative Health the effects of weather, and impacts to [email protected]. Special Emphasis Panel; T32 Institutional marine mammals and other wildlife. Grant Review Meeting. SUPPLEMENTARY INFORMATION: The USCG also considered public Date: May 2, 2017. Discussion comments in the final report. The Time: 2:00 p.m. to 4:00 p.m. Nantucket Sound PARS concluded that Agenda: To review and evaluate grant The Nantucket Sound PARS no regulatory changes to existing vessel applications. considered whether existing regulations routing measures are needed but Place: National Institutes of Health, Two should be revised to improve navigation reiterated that the USCG actively Democracy Plaza, 6707 Democracy safety in Nantucket Sound due to factors monitors all waterways subject to its Boulevard, Bethesda, MD 20892 (Virtual such as vessel traffic density, vessel jurisdiction to help ensure navigation Meeting). traffic patterns, weather conditions, or safety. As such, the USCG will continue Contact Person: Ashlee Tipton, Ph.D., navigation challenges in the study area. Scientific Review Officer Division of to monitor Nantucket Sound for All available sources of data relevant to changing conditions and consider Extramural Activities, National Center for this process, including existing and Complementary and Integrative Health, 6707 appropriate actions to promote potential traffic patterns, existing waterway and user safety. Democracy Boulevard, Room 401, Bethesda, regulations, public submissions, and MD 20892, 301–451–3849, ashlee.tipton@ other factors were analyzed. Although Dated: March 10, 2017. nih.gov. the study recommended no regulatory S.D. Poulin, (Catalogue of Federal Domestic Assistance changes to existing vessel routing Rear Admiral, U.S. Coast Guard, Commander, Program Nos. 93.213, Research and Training measures, the USCG will continue to First Coast Guard District. in Complementary and Integrative Health, actively monitor and initiate [FR Doc. 2017–06088 Filed 3–27–17; 8:45 am] National Institutes of Health, HHS) appropriate actions on all waterways BILLING CODE 9110–04–P

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DEPARTMENT OF HOMELAND construction or purpose, and that, with under the National Register criteria for SECURITY respect to the position of the two evaluation. masthead lights, it is not possible to Before including your address, phone Coast Guard comply fully with the requirements of number, email address, or other [Docket No. USCG–2017–0191] the provisions enumerated in the 72 personal identifying information in your COLREGS, without interfering with the comment, you should be aware that Certificate of Alternate Compliance for normal operation of the vessel. This your entire comment—including your the Gladding-Hearn Hulls 418 and 419 certificate authorizes the placement of personal identifying information—may these vessels’ two masthead lights to not be made publicly available at any time. AGENCY: Coast Guard, DHS. meet the minimum horizontal While you can ask us in your comment ACTION: Notice. separation requirements specified in to withhold your personal identifying Annex I of 72 COLREGS. All other information from public review, we SUMMARY: The Coast Guard announces navigational lighting dimensions will that a Certificate of Alternate cannot guarantee that we will be able to remain in compliance with 72 do so. Compliance (COAC) was issued for the COLREGS, including vertical separation GLADDING-HEARN HULLS 418 AND required for masthead lights and Nominations submitted by State 419. We are issuing this notice because sidelights. Historic Preservation Officers: its publication is required by statute. This notice is issued under authority CALIFORNIA DATES: The Certificate of Alternate of 33 U.S.C. 1605(c) and 33 CFR 81. Monterey County Compliance was issued on March 14, Dated: March 14, 2017. 2017. Point Sur Light Station (Boundary Increase) B.L. Black, (Light Stations of California MPS), Moro FOR FURTHER INFORMATION CONTACT: For Chief, Prevention Department, First District, Rock and adjacent NAVFAC parcels, Big information or questions about this U.S. Coast Guard. Sur vicinity, BC100000880 notice call or email Mr. Kevin Miller, [FR Doc. 2017–06089 Filed 3–27–17; 8:45 am] San Diego County First District Towing Vessel/Barge BILLING CODE 9110–04–P Safety Specialist, U.S. Coast Guard; Portuguese Chapel of San Diego, 2818 telephone (617) 223–8272, email Avenida de Portugal, San Diego, [email protected]. SG100000881 DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: The Yolo County United States is signatory to the National Park Service Washington Firehouse, 317 3rd St., West International Maritime Organization’s Sacramento, SG100000882 International Regulations for Preventing [NPS–WASO–NRNHL–23061; GEORGIA Collisions at Sea, 1972 (72 COLREGS), PPWOCRADI0, PCU00RP14.R50000] as amended. The special construction or De Kalb County National Register of Historic Places; purpose of some vessels makes them Notification of Pending Nominations Northcrest Historic District, Roughly unable to comply with the light, shape, and Related Actions bounded by Chamblee-Tucker, Northcrest and sound signal provisions of the 72 & Pleasantdale Rds., Doraville vicinity, COLREGS. Under statutory law 1 and AGENCY: National Park Service, Interior. SG100000883 2 Coast Guard regulation, a vessel may ACTION: Notice. MICHIGAN instead meet alternative requirements and the vessel’s owner, builder, SUMMARY: The National Park Service is Manistee County operator, or agent may apply for a soliciting comments on the significance Walther League Camp—Camp Arcadia, 3046 COAC. For vessels of special of properties nominated before March 4, Oak St., Arcadia Township, SG100000884 construction, the cognizant Coast Guard 2017, for listing or related actions in the Monroe County District Office determines whether the National Register of Historic Places. vessel for which the COAC is sought Hall of the Divine Child, 810 W. Elm Ave., DATES: Comments should be submitted Monroe, SG100000885 complies as closely as possible with the by April 12, 2017. 72 COLREGS, and decides whether to Ottawa County ADDRESSES: Comments may be sent via issue the COAC. Once issued, a COAC U.S. Postal Service to the National De Pree, Max and Esther, House, 279 S. remains valid until information Register of Historic Places, National Division St., Zeeland, SG100000886 supplied in the COAC application or the Park Service, 1849 C St. NW., MS 2280, MISSOURI COAC terms become inapplicable to the Washington, DC 20240; by all other vessel. Under the governing statute 3 Newton County 4 carriers, National Register of Historic and regulation, the Coast Guard must Places, National Park Service, 1201 Eye Neosho Colored School, 639 Young St., publish notice of this action. St. NW., 8th Floor, Washington, DC Neosho, SG100000887 The Coast Guard encourages the use 20005; or by fax, 202–371–6447. MONTANA of two masthead lights on power-driven vessels less than 50 meters in length in SUPPLEMENTARY INFORMATION: The Fergus County properties listed in this notice are being accordance with ‘‘The Boating Safety Gamble—Robinson Company Warehouse, Circular’’ 75, June 1993, page 15. The considered for listing or related actions 302 E. Main St., Lewistown, SG100000888 Commandant, U.S. Coast Guard, in the National Register of Historic NEW YORK certifies that the Gladding-Hearn Hulls Places. Nominations for their 418 and 419 are vessels of special consideration were received by the Albany County National Park Service before March 4, Bleeker Stadium and Swinburne Park, 1 33 U.S.C. 1605(c) 2017. Pursuant to section 60.13 of 36 Clinton Ave., Albany, SG100000889 2 33 CFR. 81.3 CFR part 60, written comments are 3 33 U.S.C. 1605(c) being accepted concerning the Lincoln Park 4 33 CFR 81.18 significance of the nominated properties Lincoln Park, Albany, SG100000890

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Erie County DEPARTMENT OF JUSTICE through the use of appropriate automated, electronic, mechanical, or Burt, F.N., Company Factory ‘‘C’’, 1502 [OMB Number 1121–0277] Niagara St., Buffalo, SG100000891 other technological collection techniques or other forms of Hamilton County Agency Information Collection Activities; Proposed eCollection information technology, e.g., Dollar Island Camp, 1 Dollar Island (in permitting electronic submission of Fourth Lake), Inlet, SG100000892 eComments Requested; Extension Without Change, of a Previously responses. Jefferson County Approved Collection OJJDP National Overview of This Information Robinson, George T., House, 15082 Bluff Training and Technical Assistance Collection Island, Clayton, SG100000893 Center (NTTAC) Feedback Form package 1. Type of Information Collection: Madison County Extension of a currently approved Nelson Methodist Episcopal Church, 3333 AGENCY: Office of Juvenile Justice and collection. US 20 E., Cazenovia, SG100000894 Delinquency Prevention, Department of 2. The Title of the Form/Collection: Justice. OJJDP NTTAC Feedback Form Package. Seneca County ACTION: 60-day notice. 3. The agency form number, if any, Waterloo Downtown Historic District, 1–42 and the applicable component of the E. Main, 1–40 W. Main & 16–41 Virginia SUMMARY: The Department of Justice Department sponsoring the collection: Sts., Waterloo, SG100000895 (DOJ), Office of Justice Programs will be All forms approved under number NORTH CAROLINA submitting the following information 1121–0277. The applicable component collection request to the Office of within the Office of Juvenile Justice and Durham County Management and Budget (OMB) for Delinquency Prevention, Office of Little River High School, 8307 N. Roxboro review and approval in accordance with Justice Programs, Department of Justice. Rd., Bahama vicinity, SG100000896 the Paperwork Reduction Act of 1995. 4. Affected public who will be asked Haywood County DATES: Comments are encouraged and or required to respond, as well as a brief will be accepted for 60 days until May abstract: The Office for Juvenile Justice Green Hill Cemetery, Veterans Cir., and Delinquency Prevention National Waynesville, SG100000897 30, 2017. FOR FURTHER INFORMATION CONTACT: If Training and Technical Assistance Lenoir County you have comments, especially on the Center (NTTAC) Feedback Form Imperial Tobacco Company Office Building estimated public burden or associated Package is designed to collect in-person (Kinston MPS), 426 N. Heritage St., response time, suggestions, or need a and online data necessary to Kinston, MP100000898 copy of the proposed information continuously assess the outcomes of the assistance provided for both monitoring Lincoln County collection instrument with instructions or additional information, please and accountability purposes and for Rock Spring Camp Ground (Boundary contact Linda Rosen, Training and continuously assessing and meeting the Increase), 6831 Campground Rd., Denver, needs of the field. OJJDP NTTAC will Technical Assistance Specialist at 1– BC100000899 send these forms to technical assistance 202–353–9222, Office of Juvenile Justice (TA) recipients; conference attendees; Macon County and Delinquency Prevention, Office of training and TA providers; online Justice Programs, Department of Justice, Prince, Elizabeth Wright, House, 524 N. 4th meeting participants; in-person meeting St., Highlands, SG100000901 810 7th Street NW., Washington, DC participants; and focus group 20530 or by email at Linda.Rosen@ Pender County participants to capture important usdoj.gov. SS. Peter and Paul’s Russian Orthodox Greek feedback on the recipients’ satisfaction Catholic Church, 2384 Front St., St. SUPPLEMENTARY INFORMATION: Written with the quality, efficiency, referrals, Helena, SG100000903 comments and suggestions from the information and resources provided and public and affected agencies concerning assess the recipients’ additional training TENNESSEE the proposed collection of information and TA needs. The data will then be Robertson County are encouraged. Your comments should used to advise NTTAC on ways to McMurray, William M., House, 313 N. Main address one or more of the following improve the support provided to its St., Springfield, SG100000904 four points: users; the juvenile justice field at-large; An additional documentation has been — Evaluate whether the proposed and ultimately improve services and received for the following resource(s): collection of information is necessary outcomes for youth. for the proper performance of the 5. An estimate of the total number of NORTH CAROLINA functions of the Office of Juvenile respondents and the amount of time Lincoln County Justice and Delinquency Prevention, estimated for an average respondent to Rock Spring Camp Ground, 6831 including whether the information respond: It is estimated that 5140 Campground Rd., Denver, AD100000899 will have practical utility; respondents will complete forms and — Evaluate the accuracy of the agency’s the response time will range from .03 Northampton County estimate of the burden of the hours to 1.5 hours. Edgewood, NC 305, 0.4 mi NE of NC 258, proposed collection of information, 6. An estimate of the total public Rich Square vicinity, AD01001114 including the validity of the burden (in hours) associated with the Authority: 60.13 of 36 CFR part 60. methodology and assumptions used; collection: There are an estimated — Evaluate whether and if so how the 470.83 total annual burden hours Dated: March 7, 2017. quality, utility, and clarity of the associated with this collection. J. Paul Loether, information to be collected can be If additional information is required Chief, National Register of Historic Places/ enhanced; and contact: Melody Braswell, Department National Historic Landmarks Program. — Minimize the burden of the Clearance Officer, United States [FR Doc. 2017–06064 Filed 3–27–17; 8:45 am] collection of information on those Department of Justice, Justice BILLING CODE 4312–52–P who are to respond, including Management Division, Policy and

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Planning Staff, Two Constitution —Evaluate whether and if so how the Dated: March 23, 2017. Square, 145 N Street NE., 3E.405A, quality, utility, and clarity of the Melody Braswell, Washington, DC 20530. information to be collected can be Department Clearance Officer for PRA, U.S. Dated: March 23, 2017. enhanced; and Department of Justice. —Minimize the burden of the collection Melody Braswell, [FR Doc. 2017–06079 Filed 3–27–17; 8:45 am] of information on those who are to BILLING CODE 4410–09–P Department Clearance Officer for PRA, U.S. respond, including through the use of Department of Justice. appropriate automated, electronic, [FR Doc. 2017–06115 Filed 3–27–17; 8:45 am] mechanical, or other technological DEPARTMENT OF JUSTICE BILLING CODE 4410–18–P collection techniques or other forms of information technology, e.g., Office of Justice Programs permitting electronic submission of DEPARTMENT OF JUSTICE [OJP (OJP) Docket No. 1736] responses. Drug Enforcement Administration Overview of This Information Meeting of the Global Justice Collection Information Sharing Initiative Federal [OMB Number 1117–0043] Advisory Committee 1. Type of Information Collection: Agency Information Collection Extension of a currently approved AGENCY: Office of Justice Programs Activities; Proposed eCollection collection. (OJP), Justice. eComments Requested; Extension 2. The Title of the Form/Collection: ACTION: Notice of meeting. With or Without Change, of a Drug Questionnaire. Previously Approved Collection Drug 3. The agency form number, if any, SUMMARY: This is an announcement of a Questionnaire (DEA–341) and the applicable component of the meeting of the Global Justice Information Sharing Initiative (Global) AGENCY: Drug Enforcement Department sponsoring the collection: Federal Advisory Committee (GAC) to Administration, Department of Justice. The form number is DEA–341. The applicable component within the discuss the Global Initiative, as ACTION: 60-day notice. Department of Justice is the Drug described at www.it.ojp.gov/global. SUMMARY: The Department of Justice Enforcement Administration. DATES: The meeting will take place on (DOJ), Drug Enforcement 4. Affected public who will be asked Monday, May 15, 2017, from 8:30 a.m. Administration (DEA), will be or required to respond, as well as a brief to 4:30 p.m. ET. submitting the following information abstract: ADDRESSES: The meeting will take place collection request to the Office of Affected Public: Individuals. at the Office of Justice Programs offices Management and Budget (OMB) for Others: None. (in the Main Conference Room), 810 7th DEA is requesting an extension of a review and approval in accordance with Street, Washington, DC 20531; Phone: currently approved collection. This the Paperwork Reduction Act of 1995. (202) 514–2000 [note: this is not a toll- collection requires the drug history of DATES: Comments are encouraged and free number]. any individual seeking employment will be accepted for 60 days until May with DEA. DEA policy states that a past FOR FURTHER INFORMATION CONTACT: J. 30, 2017. history of illegal drug use may result in Patrick McCreary, Global Designated FOR FURTHER INFORMATION CONTACT: If ineligibility for employment. The form Federal Employee (DFE), Bureau of you have additional comments asks job applicants specific questions Justice Assistance, Office of Justice especially on the estimated public about their personal history, if any, of Programs, 810 7th Street, Washington, burden or associated response time, illegal drug use. DC 20531; Phone: (202) 616–0532 [note: suggestions, or need a copy of the 5. An estimate of the total number of this is not a toll-free number]; Email: proposed information collection respondents and the amount of time [email protected]. instrument with instructions or estimated for an average respondent to SUPPLEMENTARY INFORMATION: This additional information, please contact respond: An estimated 15,000 meeting is open to the public. Due to Diane E. Filler, Assistant Administrator, respondents will respond taking security measures, however, members of Human Resources Division, Drug approximately 5 minutes to complete the public who wish to attend this Enforcement Administration, 8701 the questionnaire. meeting must register with Mr. J. Patrick Morrissette Dr., Springfield, VA 22152. 6. An estimate of the total public McCreary at the above address at least SUPPLEMENTARY INFORMATION: Written burden (in hours) associated with the (7) days in advance of the meeting. comments and suggestions from the collection: The estimated public burden Registrations will be accepted on a public and affected agencies concerning associated with this collection is 1,250 space available basis. Access to the the proposed collection of information hours. It is estimated that respondents meeting will not be allowed without are encouraged. Your comments should will take 5 minutes to complete the registration. All attendees will be address one or more of the following questionnaire. The burden hours for required to sign in at the meeting four points: collecting respondent data sum to 1,250 registration desk. Please bring photo —Evaluate whether the proposed hours (15,000 respondents × 5 minutes identification and allow extra time prior collection of information is necessary = 75,000 hours/60 seconds = 1250 to the meeting. for the proper performance of the hours). Anyone requiring special functions of the Bureau of Justice If additional information is required accommodations should notify Mr. Statistics, including whether the contact: Melody Braswell, Department McCreary at least seven (7) days in information will have practical utility; Clearance Officer, United States advance of the meeting. —Evaluate the accuracy of the agency’s Department of Justice, Justice Purpose: The GAC will act as the focal estimate of the burden of the Management Division, Policy and point for justice information systems proposed collection of information, Planning Staff, Two Constitution integration activities in order to including the validity of the Square, 145 N Street NE., 3E.405A, facilitate the coordination of technical, methodology and assumptions used; Washington, DC 20530. funding, and legislative strategies in

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support of the Administration’s justice The state or local AJC and/or DVOP may be obtained free of charge from the priorities. specialist(s) stating they will provide RegInfo.gov Web site at http:// The GAC will guide and monitor the Department of Labor-funded www.reginfo.gov/public/do/ development of the Global information employment and training services at the PRAViewICR?ref_nbr=201702-1205-002 sharing concept. It will advise the Stand Down event. These basic or core (this link will only become active on the Assistant Attorney General, OJP; the services are required in Section I. day following publication of this notice) Attorney General; the President The following three letters of support or by contacting Michel Smyth by (through the Attorney General); and are strongly encouraged but not required telephone at 202–693–4129, TTY 202– local, state, tribal, and federal to receive an award: 693–8064, (these are not toll-free policymakers in the executive, A. the VA stating what benefits, numbers) or by email at DOL_PRA_ legislative, and judicial branches. The medical and mental health services will [email protected]. GAC will also advocate for strategies for be available at the event as encouraged Submit comments about this request accomplishing a Global information in Section I. by mail or courier to the Office of sharing capability. B. the organization that will provide Information and Regulatory Affairs, Interested persons whose registrations immediate emergency housing based on Attn: OMB Desk Officer for DOL–ETA have been accepted may be permitted to referrals from the Stand Down event as Office of Management and Budget, participate in the discussions at the encouraged in Section I, and Room 10235, 725 17th Street NW., discretion of the meeting chairman and C. different organizations such as the Washington, DC 20503; by Fax: 202– with approval of the DFE. Department of Housing and Urban 395–5806 (this is not a toll-free J. Patrick McCreary, Development, the local Continuum of number); or by email: OIRA_ Care, Veteran Service Organizations, Global Designated Federal Employee, Bureau [email protected]. Commenters of Justice Assistance, Office of Justice state and local government agencies, are encouraged, but not required, to Programs. local businesses, and local on-profit send a courtesy copy of any comments organizations including community [FR Doc. 2017–06063 Filed 3–27–17; 8:45 am] by mail or courier to the U.S. based and faith-based organizations that BILLING CODE 4410–18–P Department of Labor-OASAM, Office of will support the event. the Chief Information Officer, Attn: FOR FURTHER INFORMATION CONTACT: Departmental Information Compliance DEPARTMENT OF LABOR Thomas Martin, Grant Officer, Office of Management Program, Room N1301, Grants Management, at (202) 693-2989, 200 Constitution Avenue NW., Fiscal Year (FY) 2016 Through FY 2017 [email protected]. Washington, DC 20210; or by email: [email protected]. Stand Down Grant Requests Sam Shellenberger, AGENCY: Veterans’ Employment and Deputy Assistant Secretary, Veterans’ FOR FURTHER INFORMATION CONTACT: Training Service (VETS), Department of Employment and Training Service. Michel Smyth by telephone at 202–693– Labor. [FR Doc. 2017–06106 Filed 3–27–17; 8:45 am] 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_ ACTION: Amendment to Federal BILLING CODE 4510–79–P [email protected]. Register, 80 FR 80390 (Dec. 24, 2015) [FR Doc. 2015–32406 Filed 12–23–15; SUPPLEMENTARY INFORMATION: This ICR 8:45 a.m.]. DEPARTMENT OF LABOR seeks to extend PRA authority for the Office of the Secretary Job Corps Enrollee Allotment SUMMARY: This notice amends 80 FR Determination information collection. 80390 (Dec. 24, 2015) [FR Doc. 2015– Agency Information Collection More specifically, a Job Corps enrollee 32406 Filed 12–23–15; 8:45 a.m.]. The Activities; Submission for OMB may elect to have a portion of his or her revised language is below: Review; Comment Request; Job Corps readjustment allowance/transition I. Funding Opportunity Description Enrollee Allotment Determination payment sent to a dependent on a bi- weekly basis. Form ETA 658, Allotment The following service must be ACTION: Notice. Request, provides the information available for homeless veteran necessary to administer these participants during the Stand Down SUMMARY: The Department of Labor allotments. Workforce Innovation and event: (DOL) is submitting the Employment Opportunity Act section 145 authorizes • Department of Labor (DOL)—State Training Administration (ETA) this information collection. See 29 Workforce Agency (SWA) employment sponsored information collection U.S.C. 3195. and training services to include request (ICR) titled, ‘‘Job Corps Enrollee This information collection is subject Disabled Veterans’ Outreach Program Allotment Determination,’’ to the Office (DVOP) specialist or other American Job to the PRA. A Federal agency generally of Management and Budget (OMB) for cannot conduct or sponsor a collection Center (AJC) staff (see the following link review and approval for continued use, to locate available resources in your of information, and the public is without change, in accordance with the generally not required to respond to an area: www.servicelocator.org). Paperwork Reduction Act of 1995 The following services are strongly information collection, unless it is (PRA). Public comments on the ICR are approved by the OMB under the PRA encouraged, where available: invited. • Department of Veterans Affairs and displays a currently valid OMB (VA)—benefits, medical and mental DATES: The OMB will consider all Control Number. In addition, health services, and written comments that agency receives notwithstanding any other provisions of • Referral services to secure on or before April 27, 2017. law, no person shall generally be subject immediate emergency housing. ADDRESSES: A copy of this ICR with to penalty for failing to comply with a applicable supporting documentation; collection of information that does not IV. Application Content including a description of the likely display a valid Control Number. See 5 7. The following letter of support respondents, proposed frequency of CFR 1320.5(a) and 1320.6. The DOL must be provided: response, and estimated total burden obtains OMB approval for this

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information collection under Control Dated: March 20, 2017. [email protected] Number 1205–0030. Michel Smyth, (email); 202–693–9440 (voice); or 202– OMB authorization for an ICR cannot Departmental Clearance Officer. 693–9441 (facsimile). be for more than three (3) years without [FR Doc. 2017–06073 Filed 3–27–17; 8:45 am] SUPPLEMENTARY INFORMATION: renewal, and the current approval for BILLING CODE 4510–FT–P this collection is scheduled to expire on I. Background March 31, 2017. The DOL seeks to Section 103(h) of the Federal Mine extend PRA authorization for this DEPARTMENT OF LABOR Safety and Health Act of 1977 (Mine information collection for three (3) more Act), 30 U.S.C. 813(h), authorizes years, without any change to existing Mine Safety and Health Administration MSHA to collect information necessary to carry out its duty in protecting the requirements. The DOL notes that [OMB Control No. 1219–0089] existing information collection safety and health of miners. requirements submitted to the OMB Proposed Extension of Information Compressed-air receivers and other receive a month-to-month extension Collection; Safety Defects; unfired pressure vessels must be while they undergo review. For Examination, Correction, and Records inspected by inspectors holding a valid additional substantive information National Board Commission and in about this ICR, see the related notice AGENCY: Mine Safety and Health accordance with the applicable chapters published in the Federal Register on Administration, Labor. of the National Board Inspection Code, December 9, 2016 (81 FR 89153). ACTION: Request for public comments. a Manual for Boiler and Pressure Interested parties are encouraged to Vessels Inspectors, 1979. Safety defects send comments to the OMB, Office of SUMMARY: The Department of Labor, as found on compressed-air receivers and Information and Regulatory Affairs at part of its continuing effort to reduce other unfired pressure vessels have the address shown in the ADDRESSES paperwork and respondent burden, caused injuries and fatalities in the section within thirty (30) days of conducts a pre-clearance consultation mining industry. publication of this notice in the Federal program to provide the general public Records of inspections must be kept Register. In order to help ensure and Federal agencies with an in accordance with the requirements of appropriate consideration, comments opportunity to comment on proposed the National Board Inspection Code and should mention OMB Control Number collections of information in accordance the records must be made available to 1205–0030. The OMB is particularly with the Paperwork Reduction Act of the Secretary or an authorized interested in comments that: 1995. This program helps to assure that representative. requested data can be provided in the Fired pressure vessels (boilers) must • Evaluate whether the proposed desired format, reporting burden (time be equipped with water level gauges, collection of information is necessary and financial resources) is minimized, pressure gauges, automatic pressure- for the proper performance of the collection instruments are clearly relief valves, blowdown piping and functions of the agency, including understood, and the impact of collection other safety devices approved by the whether the information will have requirements on respondents can be American Society of Mechanical practical utility; Engineers (ASME) to protect against • Evaluate the accuracy of the agency’s properly assessed. Currently, the Mine Safety and Health Administration hazards from overpressure, flameouts, estimate of the burden of the fuel interruptions and low water level. proposed collection of information, (MSHA) is soliciting comments on the information collection for Safety Records of inspection and repairs including the validity of the must be retained by the mine operator methodology and assumptions used; Defects; Examination, Correction, and • Records. in accordance with the requirements of Enhance the quality, utility, and the ASME Boiler and Pressure Vessel clarity of the information to be DATES: All comments must be received Code, 1977, and the National Board collected; and on or before May 30, 2017. Inspection Code (progressive records— • Minimize the burden of the collection ADDRESSES: Comments concerning the no limit on retention time) and shall be of information on those who are to information collection requirements of made available to the Secretary or an respond, including through the use of this notice may be sent by any of the authorized representative. appropriate automated, electronic, methods listed below. Operators must inspect equipment, mechanical, or other technological • Federal E-Rulemaking Portal: machinery, and tools that are to be used collection techniques or other forms http://www.regulations.gov. Follow the during a shift for safety defects before of information technology, e.g., on-line instructions for submitting the equipment is placed in operation. permitting electronic submission of comments for docket number MSHA– Defects affecting safety are required to responses. 2017–0002. be corrected in a timely manner. In Agency: DOL–ETA. • Regular Mail: Send comments to instances where the defect makes Title of Collection: Job Corps Enrollee USDOL–MSHA, Office of Standards, continued operation of the equipment Allotment Determination. Regulations, and Variances, 201 12th hazardous to persons, the equipment OMB Control Number: 1205–0030. Street South, Suite 4E401, Arlington, must be removed from service, tagged to Affected Public: Individuals or VA 22202–5452. identify that it is out of use, and • Households. Hand Delivery: USDOL-Mine Safety repaired before use is resumed. Total Estimated Number of and Health Administration, 201 12th Safety defects on self-propelled Respondents: 1,749. Street South, Suite 4E401, Arlington, mobile equipment account for many Total Estimated Number of VA 22202–5452. Sign in at the injuries and fatalities in the mining Responses: 1,749. receptionist’s desk on the 4th floor via industry. Inspection of this equipment Total Estimated Annual Time Burden: the East elevator. prior to use is required to ensure safe 87 hours. FOR FURTHER INFORMATION CONTACT: operation. The equipment operator is Total Estimated Annual Other Costs Sheila McConnell, Director, Office of required to make a visual and Burden: $0. Standards, Regulations, and Variances, operational check of the various primary Authority: 44 U.S.C. 3507(a)(1)(D). MSHA, at operating systems that affect safety,

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such as brakes, lights, horn, seatbelts, available on www.regulations.gov and information in accordance with the tires, steering, back-up alarm, www.reginfo.gov. paperwork Reduction Act of 1995. This windshield, cab safety glass, rear and The public may also examine publicly program helps to ensure that requested side view mirrors, and other safety and available documents at USDOL-Mine data can be provided in the desired health related items. Safety and Health Administration, 201 format, reporting burden (time and Any defects found are required to be 12th South, Suite 4E401, Arlington, VA financial resources) is minimized, either corrected immediately, or 22202–5452. Sign in at the receptionist’s collection instruments are clearly reported to and recorded by the mine desk on the 4th floor via the East understood, and the impact of collection operator prior to the timely correction. elevator. requirements on respondents can be A record is not required if the defect is Questions about the information properly assessed. Currently, the Office corrected immediately, i.e. a defect that collection requirements may be directed of Workers’ Compensation (OWCP) is the operator can fix without a mechanic to the person listed in the FOR FURTHER soliciting comments concerning the such as a light bulb that needs turned INFORMATION section of this notice. proposed collection: Pre-Hearing tighter. The precise format in which the III. Current Actions Statement (LS–18). A copy of the record is kept is left to the discretion of proposed information collection request the mine operator. Reports of This request for collection of can be obtained by contacting the office uncorrected defects are required to be information contains provisions for listed below in the address section of recorded by the mine operator and kept Safety Defects; Examination, Correction, this Notice. and Records. MSHA has updated the at the mine office from the date the DATES: Written comments must be data with respect to the number of defects are recorded, until the defects submitted to the office listed in the respondents, responses, burden hours, are corrected. addresses section below on or before and burden costs supporting this A competent person designated by the May 30, 2017. operator must examine each working information collection request. ADDRESSES: place at least once each shift for Type of Review: Extension, without Ms. Yoon Ferguson, U.S. conditions which may adversely affect change, of a currently approved Department of Labor, 200 Constitution safety or health. A record of such collection. Ave. NW., Room S–3233, Washington, examinations must be kept by the Agency: Mine Safety and Health DC 20210, telephone/fax (202) 354– operator for a period of one year and Administration. 9647, Email [email protected]. must be made available for review by OMB Number: 1219–0089. Please use only one method of the Secretary or an authorized Affected Public: Business or other for- transmission for comments (mail, fax, or representative. profit. Email). Number of Respondents: 11,660. SUPPLEMENTARY INFORMATION: II. Desired Focus of Comments Frequency: On occasion. I. Background: The Office of Workers’ Number of Responses: 3,470,695. MSHA is soliciting comments Compensation Programs, (OWCP) Annual Burden Hours: 768,728 hours. concerning the proposed information administers the Longshore and Harbor Annual Respondent or Recordkeeper collection related to Safety Defects; Workers’ Compensation Act. The Act Cost: $154,300. Examination, Correction, and Records. Comments submitted in response to provides benefits to workers injured in MSHA is particularly interested in this notice will be summarized and maritime employment on the navigable comments that: waters of the United States or in an • included in the request for Office of Evaluate whether the collection of Management and Budget approval of the adjoining area customarily used by an information is necessary for the proper information collection request; they will employer in loading, unloading, performance of the functions of the also become a matter of public record. repairing, or building a vessel. In agency, including whether the addition, several acts extend the information has practical utility; Sheila McConnell, Longshore Act’s coverage to certain • Evaluate the accuracy of MSHA’s Certifying Officer. other employees. estimate of the burden of the collection [FR Doc. 2017–06074 Filed 3–27–17; 8:45 am] Title 20, CFR 702.317 provides for the of information, including the validity of BILLING CODE 4510–43–P referral of claims under the Longshore the methodology and assumptions used; Act for formal hearings. This Section • Suggest methods to enhance the provides that before a case is transferred quality, utility, and clarity of the DEPARTMENT OF LABOR to the Office of Administrative Law information to be collected; and Judges the district director shall furnish • Minimize the burden of the Office of Workers’ Compensation each of the parties or their collection of information on those who Programs representatives with a copy of a pre- are to respond, including through the hearing statement form. Each party Division of Longshore and Harbor use of appropriate automated, shall, within 21 days after receipt of Workers’ Compensation Proposed electronic, mechanical, or other each form, complete it and return it to Extension of Existing Collection; technological collection techniques or the district director. Upon receipt of the Comment Request other forms of information technology, forms, the district director, after e.g., permitting electronic submission of ACTION: Notice. checking them for completeness and responses. after any further conferences that, in The information collection request SUMMARY: The Department of Labor, as his/her opinion, are warranted, shall will be available on http:// part of its continuing effort to reduce transmit them to the Office of the Chief www.regulations.gov. MSHA cautions paperwork and respondent burden, Administrative Law Judge with all the commenter against providing any conducts a preclearance consultation available evidence which the parties information in the submission that program to provide the general public intend to submit at the hearing. This should not be publicly disclosed. Full and Federal agencies with an information collection is currently comments, including personal opportunity to comment on proposed approved for use through August 31, information provided, will be made and/or continuing collections of 2017.

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II. Review Focus: The Department of NATIONAL AERONAUTICS AND Aeronautics and Space Administration. Labor is particularly interested in SPACE ADMINISTRATION The prospective exclusive license will comments which: comply with the requirements of 35 [Notice (17–015)] * Evaluate whether the proposed U.S.C. 209 and 37 CFR 404.7. collection of information is necessary Notice of Intent To Grant an Exclusive Information about other NASA for the proper performance of the License inventions available for licensing can be functions of the agency, including found online at http:// AGENCY: whether the information will have National Aeronautics and technology.nasa.gov. Space Administration. practical utility; Mark P. Dvorscak, ACTION: Notice of intent to grant an * evaluate the accuracy of the exclusive license. Agency Counsel for Intellectual Property. agency’s estimate of the burden of the [FR Doc. 2017–06122 Filed 3–27–17; 8:45 am] proposed collection of information, SUMMARY: NASA hereby gives notice of BILLING CODE 7510–13–P including the validity of the its intent to grant an exclusive license methodology and assumptions used; in the United States to practice the * enhance the quality, utility and invention described and claimed in U.S NATIONAL SCIENCE FOUNDATION clarity of the information to be Non-Provisional Patent Application collected; and Serial No. 13/757,929, entitled ‘‘MULTI- Sunshine Act Meeting; National Gb/s LASER COMMUNICATIONS Science Board * minimize the burden of the TERMINAL FOR MINI-SPACECRAFT,’’ collection of information on those who NASA Case No. NPO–48413, and any The National Science Board’s are to respond, including through the issued patents or continuations in part Committee on Awards and Facilities, use of appropriate automated, resulting therefrom, to OnOffBlock, Inc., pursuant to NSF regulations (45 CFR electronic, mechanical, or other having its principal place of business in part 614), the National Science technological collection techniques or Naperville, Illinois. Foundation Act, as amended (42 U.S.C. other forms of information technology, 1862n–5), and the Government in the DATES: The prospective exclusive e.g., permitting electronic submissions Sunshine Act (5 U.S.C. 552b), hereby of responses. license may be granted unless, within fifteen (15) days from the date of this gives notice of the scheduling of a III. Current Actions: The Department published notice, NASA receives teleconference for the transaction of of Labor seeks the extension of approval written objections including evidence National Science Board business, as of this information collection in order to and argument that establish that the follows: carry out its responsibility to refer cases grant of the license would not be DATE AND TIME: April 11, 2017 from for formal hearings. consistent with the requirements 11:00 a.m.–12:00 p.m. EDT. Agency: Office of Workers’ regarding the licensing of federally SUBJECT MATTER: (1) Committee Chair’s Compensation Programs. owned inventions as set forth in the opening remarks; (2) Antarctic Type of Review: Extension. Bayh-Dole Act and implementing Infrastructure Modernization for regulations. Competing applications Science (AIMS). Title: Pre-Hearing Statement. completed and received by NASA STATUS: Closed. OMB Number: 1240–0036. within fifteen (15) days of the date of This meeting will be held by Agency Number: LS–18. this published notice will also be teleconference at the National Science treated as objections to the grant of the Affected Public: Insurance carriers Foundation, 4201 Wilson Blvd., contemplated exclusive license. and self-insurers. Arlington, VA 22230. Please refer to the Objections submitted in response to this Total Respondents: 3,513. National Science Board Web site notice will not be made available to the www.nsf.gov/nsb for additional Total Annual Responses: 3,513. public for inspection and, to the extent information. Meeting information and Estimated Total Burden Hours: 597. permitted by law, will not be released updates (time, place, subject or status of under the Freedom of Information Act. Estimated Time per Response: 10 meeting) may be found at http:// ADDRESSES: Objections relating to the minutes. www.nsf.gov/nsb/meetings/notices.jsp. prospective license may be submitted to Point of contact for this meeting is: Elise Frequency: On occasion. Patent Counsel, NASA Management Lipkowitz, 4201 Wilson Blvd., Total Burden Cost (capital/startup): Office, Jet Propulsion Laboratory, 4800 Arlington, VA 22230. Telephone: (703) $0. Oak Grove Drive, M/S 180–800C, 292–7000. Pasadena, CA 91109, (818) 854–7770 Total Burden Cost (operating/ (phone), (818) 393–2607 (fax). Chris Blair, maintenance): $1,590. FOR FURTHER INFORMATION CONTACT: Executive Assistant to the NSB Office. Comments submitted in response to Mark Homer, Patent Counsel, NASA [FR Doc. 2017–06193 Filed 3–24–17; 4:15 pm] this notice will be summarized and/or Management Office, Jet Propulsion BILLING CODE 7555–01–P included in the request for Office of Laboratory, 4800 Oak Grove Drive, M/S Management and Budget approval of the 180–800C, Pasadena, CA 91109, (818) information collection request; they will 854–7770 (phone), (818) 393–2607 (fax). NATIONAL SCIENCE FOUNDATION also become a matter of public record. SUPPLEMENTARY INFORMATION: This Sunshine Act Meeting; National Dated: March 15, 2017. notice of intent to grant an exclusive Science Board Yoon Ferguson, patent license is issued in accordance Agency Clearance Officer, Office of Workers’ with 35 U.S.C. 209(c)(1) and 37 CFR The National Science Board’s Compensation Programs, U.S. Department of 404.7(a)(1)(i). The patent rights in these Committee on Awards and Facilities, Labor. inventions have been assigned to the pursuant to NSF regulations (45 CFR [FR Doc. 2017–06108 Filed 3–27–17; 8:45 am] United States of America as represented part 614), the National Science BILLING CODE 4510–CF–P by the Administrator of the National Foundation Act, as amended (42 U.S.C.

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1862n–5), and the Government in the Committee will hear presentations closed in order to discuss and Sunshine Act (5 U.S.C. 552b), hereby by and hold discussions with protect information designated as gives notice of the scheduling of a representatives of the NRC staff and proprietary, pursuant to 5 U.S.C. teleconference for the transaction of NuScale regarding the subject 552b(c)(4)]. topical report. [Note: A portion of National Science Board business, as Saturday, April 8, 2017, Conference this session may be closed in order follows: Room T2–B1, 11545 Rockville Pike, to discuss and protect information DATE AND TIME: April 10, 2017 from Rockville, Maryland 4:00–5:00 p.m. EDT. designated as proprietary, pursuant 8:30 a.m.–11:30 a.m.: Preparation of SUBJECT MATTER: (1) Committee Chair’s to 5 U.S.C. 552b(c)(4)]. ACRS Reports (Open/Closed)—The opening remarks; (2) NEON update 3:15 p.m.–5:30 p.m.: Subsequent License Committee will continue its including scenarios for operations and Renewal (Open)—The Committee discussion of proposed ACRS maintenance. will hear presentations by and hold discussions with representatives of reports discussed during this STATUS: Closed. the NRC staff regarding revision to meeting. [Note: A portion of this This meeting will be held by the Generic Aging Lessons Learned session may be closed in order to teleconference at the National Science Report and Standard Review Plan to discuss and protect information Foundation, 4201 Wilson Blvd., ensure effective aging management designated as proprietary, pursuant Arlington, VA 22230. Please refer to the of structures and components in the to 5 U.S.C. 552b(c)(4)]. National Science Board Web site 60–80 year operating period 11:30 a.m.–12:00 p.m.: Miscellaneous www.nsf.gov/nsb for additional 5:30 p.m.–6:00 p.m.: Preparation of (Open)—The Committee will information. Meeting information and ACRS Reports (Open/Closed)—The continue its discussion related to updates (time, place, subject or status of Committee will discuss proposed the conduct of Committee activities meeting) may be found at http:// ACRS reports on matters discussed and specific issues that were not www.nsf.gov/nsb/meetings/notices.jsp. during this meeting. [Note: A completed during previous Point of contact for this meeting is: Elise portion of this session may be meetings. Lipkowitz, 4201 Wilson Blvd., closed in order to discuss and Procedures for the conduct of and Arlington, VA 22230. Telephone: (703) protect information designated as participation in ACRS meetings were 292–7000. proprietary, pursuant to 5 U.S.C. published in the Federal Register on Chris Blair, 552b(c)(4)]. October 17, 2016 (81 FR 71543). In accordance with those procedures, oral Executive Assistant to the NSB Office. Friday, April 7, 2017, Conference Room or written views may be presented by T2–B1, 11545 Rockville Pike, Rockville, [FR Doc. 2017–06191 Filed 3–24–17; 4:15 pm] members of the public, including Maryland BILLING CODE 7555–01–P representatives of the nuclear industry. 8:30 a.m.–10:15 a.m.: Future ACRS Persons desiring to make oral statements Activities/Report of the Planning should notify Quynh Nguyen, Cognizant NUCLEAR REGULATORY and Procedures Subcommittee and ACRS Staff (Telephone: 301–415–5844, COMMISSION Reconciliation of ACRS Comments Email: [email protected]), 5 days and Recommendations (Open/ before the meeting, if possible, so that Advisory Committee on Reactor Closed)—The Committee will appropriate arrangements can be made Safeguards; Notice of Meeting discuss the recommendations of the to allow necessary time during the In accordance with the purposes of Planning and Procedures meeting for such statements. In view of Sections 29 and 182b of the Atomic Subcommittee regarding items the possibility that the schedule for Energy Act (42 U.S.C. 2039, 2232b), the proposed for consideration by the ACRS meetings may be adjusted by the Advisory Committee on Reactor Full Committee during future ACRS Chairman as necessary to facilitate the Safeguards (ACRS) will hold a meeting Meetings, and matters related to the conduct of the meeting, persons on April 6–8, 2017, 11545 Rockville conduct of ACRS business, planning to attend should check with Pike, Rockville, Maryland. including anticipated workload and the Cognizant ACRS staff if such member assignments. The rescheduling would result in major Thursday, April 6, 2017, Conference Committee will discuss the inconvenience. Room T2–B1, 11545 Rockville Pike, responses from the NRC Executive Thirty-five hard copies of each Rockville, Maryland Director for Operations to presentation or handout should be 8:30 a.m.–8:35 a.m.: Opening Remarks comments and recommendations provided 30 minutes before the meeting. by the ACRS Chairman (Open)— included in recent ACRS reports In addition, one electronic copy of each The ACRS Chairman will make and letters. [Note: A portion of this presentation should be emailed to the opening remarks regarding the meeting may be closed pursuant to Cognizant ACRS Staff one day before conduct of the meeting 5 U.S.C. 552b(c)(2) and (6) to meeting. If an electronic copy cannot be 8:35 a.m.–9:45 a.m.: Preparation for discuss organizational and provided within this timeframe, Commission Meeting (Open)—The personnel matters that relate solely presenters should provide the Cognizant Committee will prepare for the to internal personnel rules and ACRS Staff with a CD containing each Commission Meeting practices of ACRS, and information presentation at least 30 minutes before 10:00 a.m.–12:00 p.m.: Meeting with the the release of which would the meeting. Commission (Open)—The constitute a clearly unwarranted In accordance with Subsection 10(d) Committee will discuss mutual invasion of personal privacy.] of Public Law 92–463 and 5 U.S.C. topics of interest with the 10:30 a.m.–6:00 p.m.: Preparation of 552b(c), certain portions of this meeting Commission ACRS Reports (Open/Closed)—The may be closed, as specifically noted 1:30 p.m.–3:00 p.m.: NuScale Topical Committee will continue its above. Use of still, motion picture, and Report 1015–18653, ‘‘Highly discussion of proposed ACRS television cameras during the meeting Integrated Protection System reports during this meeting. [Note: may be limited to selected portions of Platform’’ (Open/Closed)—The A portion of this session may be the meeting as determined by the

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Chairman. Electronic recordings will be consideration only for comments • NRC’s Clearance Officer: A copy of permitted only during the open portions received on or before this date. the collection of information and related of the meeting. ADDRESSES: You may submit comments instructions may be obtained without ACRS meeting agendas, meeting by any of the following methods: charge by contacting NRC’s Clearance transcripts, and letter reports are • Federal Rulemaking Web site: Go to Officer, David Cullison, Office of the available through the NRC Public http://www.regulations.gov and search Chief Information Officer, U.S. Nuclear Document Room at pdr.resource@ for Docket ID NRC–2017–0066. Address Regulatory Commission, Washington, nrc.gov, or by calling the PDR at 1–800– questions about NRC dockets to Carol DC 20555–0001; telephone: 301–415– 397–4209, or from the Publicly Gallagher; telephone: 301–415–3463; 2084; email: INFOCOLLECTS.Resource@ Available Records System (PARS) email: [email protected]. For NRC.GOV. component of NRC’s document system technical questions, contact the B. Submitting Comments (ADAMS) which is accessible from the individual listed in the FOR FURTHER NRC Web site at http://www.nrc.gov/ INFORMATION CONTACT section of this Please include Docket ID NRC–2017– reading-rm/adams.html or http:// document. 0066 in the subject line of your www.nrc.gov/reading-rm/doc- • Mail comments to: David Cullison, comment submission, in order to ensure collections/ACRS/. Office of the Chief Information Officer, that the NRC is able to make your Video teleconferencing service is Mail Stop: T–5 F53, U.S. Nuclear comment submission available to the available for observing open sessions of Regulatory Commission, Washington, public in this docket. ACRS meetings. Those wishing to use DC 20555–0001. The NRC cautions you not to include this service should contact Mr. Theron For additional direction on obtaining identifying or contact information in Brown, ACRS Audio Visual Technician information and submitting comments, comment submissions that you do not (301–415–8066), between 7:30 a.m. and see ‘‘Obtaining Information and want to be publicly disclosed in your 3:45 p.m. (ET), at least 10 days before Submitting Comments’’ in the comment submission. The NRC will the meeting to ensure the availability of SUPPLEMENTARY INFORMATION section of post all comment submissions at http:// this service. Individuals or this document. www.regulations.gov as well as enter the organizations requesting this service FOR FURTHER INFORMATION CONTACT: comment submissions into ADAMS, will be responsible for telephone line David Cullison, Office of the Chief and the NRC does not routinely edit charges and for providing the Information Officer, U.S. Nuclear comment submissions to remove equipment and facilities that they use to Regulatory Commission, Washington, identifying or contact information. establish the video teleconferencing DC 20555–0001; telephone: 301–415– If you are requesting or aggregating link. The availability of video 2084; email: INFOCOLLECTS.Resource@ comments from other persons for teleconferencing services is not NRC.GOV. submission to the NRC, then you should guaranteed. SUPPLEMENTARY INFORMATION: inform those persons not to include identifying or contact information that Dated at Rockville, Maryland, this 23rd day I. Obtaining Information and they do not want to be publicly of March 2017. Submitting Comments disclosed in their comment submission. For the Nuclear Regulatory Commission. A. Obtaining Information Your request should state that the NRC Andrew L. Bates, does not routinely edit comment Advisory Committee Management Officer. Please refer to Docket ID NRC–2017– submissions to remove such information [FR Doc. 2017–06095 Filed 3–27–17; 8:45 am] 0066 when contacting the NRC about before making the comment BILLING CODE 7590–01–P the availability of information for this submissions available to the public or action. You may obtain publicly- entering the comment into ADAMS. available information related to this NUCLEAR REGULATORY action by any of the following methods: II. Background COMMISSION • Federal Rulemaking Web site: Go to In accordance with the Paperwork http://www.regulations.gov and search Reduction Act of 1995 (44 U.S.C. for Docket ID NRC–2017–0066. chapter 35), the NRC is requesting [NRC–2017–0066] • NRC’s Agencywide Documents public comment on its intention to Information Collection: NRC Form 4, Access and Management System request the OMB’s approval for the ‘‘Cumulative Occupational Exposure (ADAMS): You may obtain publicly- information collection summarized History’’ available documents online in the below. ADAMS Public Documents collection at 1. The title of the information AGENCY: Nuclear Regulatory http://www.nrc.gov/reading-rm/ collection: NRC Form 4, ‘‘Cumulative Commission. adams.html. To begin the search, select Occupational Dose History.’’ ACTION: Renewal of existing information ‘‘ADAMS Public Documents’’ and then 2. OMB approval number: 3150–0005. collection; request for comment. select ‘‘Begin Web-based ADAMS 3. Type of submission, new, revision, Search.’’ For problems with ADAMS, or Extension: Extension. SUMMARY: The U.S. Nuclear Regulatory please contact the NRC’s Public 4. The form number, if applicable: Commission (NRC) invites public Document Room (PDR) reference staff at NRC Form 4. comment on the renewal of Office of 1–800–397–4209, 301–415–4737, or by 5. How often the collection is required Management and Budget (OMB) email to [email protected]. The or requested: On occasion. The NRC approval for an existing collection of supporting statement and is available in does not collect NRC Form 4. However, information. The information collection ADAMS under Accession ADAMS NRC inspects the NRC Form 4 records is entitled, NRC Form 4, ‘‘Cumulative ML16357A562. at NRC-licensed facilities. Occupational Exposure History.’’ • NRC’s PDR: You may examine and 6. Who will be required or asked to DATES: Submit comments by May 30, purchase copies of public documents at respond: NRC licensees who are 2017. Comments received after this date the NRC’s PDR, Room O1–F21, One required to comply with part 20 of title will be considered if it is practical to do White Flint North, 11555 Rockville 10 of the Code of Federal Regulations so, but the Commission is able to ensure Pike, Rockville, Maryland 20852. (10 CFR part 20).

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7. The estimated number of annual Week of April 3, 2017—Tentative transcript or other information from the responses: 221,220 (217,079 third party public meetings in another format (e.g., Tuesday, April 4, 2017 disclosure + 4,141 recordkeepers). braille, large print), please notify 8. The estimated number of annual 10:00 a.m. Meeting with the Kimberly Meyer, NRC Disability respondents: 4,141. Organization of Agreement States Program Manager, at 301–287–0739, by and the Conference of Radiation videophone at 240–428–3217, or by 9. The estimated number of hours Control Program Directors (Public email at Kimberly.Meyer-Chambers@ needed annually to comply with the Meeting) (Contact: Paul Michalak: nrc.gov. Determinations on requests for information collection requirement or 301–415–5804) reasonable accommodation will be request: 29,350. This meeting will be webcast live at made on a case-by-case basis. 10. Abstract: The NRC Form 4 is used the Web address—http://www.nrc.gov/. * * * * * to record the summary of an Thursday, April 6, 2017 Members of the public may request to occupational worker’s cumulative receive this information electronically. 10:00 a.m. Meeting with Advisory occupational radiation dose, including If you would like to be added to the Committee on Reactor Safeguards prior occupational exposure and the distribution, please contact the Nuclear (Public Meeting) (Contact: Mark current year’s occupational radiation Regulatory Commission, Office of the Banks: 301–415–3718) exposure. The NRC Form 4 is used by Secretary, Washington, DC 20555 (301– licensees, and inspected by the NRC, to This meeting will be webcast live at 415–1969), or email ensure that occupational radiation doses the Web address—http://www.nrc.gov/. [email protected] or do not exceed the regulatory limits [email protected]. specified in 10 CFR 20.1501. Week of April 10, 2017—Tentative There are no meetings scheduled for Dated: March 23, 2017. III. Specific Requests for Comments the week of April 10, 2017. Denise L. McGovern, Policy Coordinator, Office of the Secretary. The NRC is seeking comments that Week of April 17, 2017—Tentative address the following questions: [FR Doc. 2017–06161 Filed 3–24–17; 11:15 am] There are no meetings scheduled for BILLING CODE 7590–01–P 1. Is the proposed collection of the week of April 17, 2017. information necessary for the NRC to properly perform its functions? Does the Week of April 24, 2017—Tentative NUCLEAR REGULATORY information have practical utility? Wednesday, April 26, 2017 COMMISSION 2. Is the estimate of the burden of the 9:00 a.m.—Briefing on the Status of information collection accurate? [NRC–2017–0080] Subsequent License Renewal 3. Is there a way to enhance the Preparations (Public Meeting) Biweekly Notice; Applications and quality, utility, and clarity of the (Contact: Steven Bloom: 301–415– Amendments to Facility Operating information to be collected? 2431) Licenses and Combined Licenses 4. How can the burden of the This meeting will be webcast live at Involving No Significant Hazards information collection on respondents the Web address—http://www.nrc.gov/. Considerations be minimized, including the use of automated collection techniques or Thursday, April 27, 2017 AGENCY: Nuclear Regulatory other forms of information technology? 10:00 a.m.—Meeting with the Advisory Commission. ACTION: Biweekly notice. Dated at Rockville, Maryland, this 22nd Committee on the Medical Uses of day of March 2017. Isotopes (Public Meeting) (Contact: SUMMARY: Pursuant to Section 189a.(2) For the Nuclear Regulatory Commission. Douglas Bollock: 301–415–6609) of the Atomic Energy Act of 1954, as David Cullison, This meeting will be webcast live at amended (the Act), the U.S. Nuclear NRC Clearance Officer, Office of the Chief the Web address—http://www.nrc.gov/. Regulatory Commission (NRC) is Information Officer. Week of May 1, 2017—Tentative publishing this regular biweekly notice. [FR Doc. 2017–06018 Filed 3–27–17; 8:45 am] The Act requires the Commission to There are no meetings scheduled for BILLING CODE 7590–01–P publish notice of any amendments the week of May 1, 2017. issued, or proposed to be issued, and * * * * * grants the Commission the authority to NUCLEAR REGULATORY The schedule for Commission issue and make immediately effective COMMISSION meetings is subject to change on short any amendment to an operating license notice. For more information or to verify or combined license, as applicable, the status of meetings, contact Denise [NRC–2017–0001] upon a determination by the McGovern at 301–415–0681 or via email Commission that such amendment Sunshine Act Meeting Notice at [email protected]. involves no significant hazards * * * * * consideration, notwithstanding the DATE: Weeks of March 27, April 3, 10, The NRC Commission Meeting pendency before the Commission of a 17, 24, May 1, 2017. Schedule can be found on the Internet request for a hearing from any person. at: http://www.nrc.gov/public-involve/ This biweekly notice includes all PLACE: Commissioners’ Conference public-meetings/schedule.html. notices of amendments issued, or Room, 11555 Rockville Pike, Rockville, proposed to be issued, from February Maryland. * * * * * The NRC provides reasonable 28, 2017 to March 13, 2017. The last STATUS: Public and Closed. accommodation to individuals with biweekly notice was published on March 14, 2017. Week of March 27, 2017 disabilities where appropriate. If you need a reasonable accommodation to DATES: Comments must be filed by April There are no meetings scheduled for participate in these public meetings, or 27, 2017. A request for a hearing must the week of March 27, 2017. need this meeting notice or the be filed by May 30, 2017.

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ADDRESSES: You may submit comments B. Submitting Comments amendment before expiration of the 60- by any of the following methods: day period provided that its final • Please include Docket ID NRC–2017– Federal Rulemaking Web site: Go to 0080, facility name, unit number(s), determination is that the amendment http://www.regulations.gov and search plant docket number, application date, involves no significant hazards for Docket ID NRC–2017–0080. Address and subject in your comment consideration. In addition, the questions about NRC dockets to Carol submission. Commission may issue the amendment Gallagher; telephone: 301–415–3463; The NRC cautions you not to include prior to the expiration of the 30-day email: [email protected]. For identifying or contact information that comment period if circumstances technical questions, contact the you do not want to be publicly change during the 30-day comment FOR FURTHER period such that failure to act in a individual listed in the disclosed in your comment submission. INFORMATION CONTACT timely way would result, for example in section of this The NRC posts all comment derating or shutdown of the facility. If document. submissions at http:// • Mail comments to: Cindy Bladey, the Commission takes action prior to the www.regulations.gov as well as entering Office of Administration, Mail Stop: expiration of either the comment period the comment submissions into ADAMS. OWFN–12–H08, U.S. Nuclear or the notice period, it will publish in The NRC does not routinely edit Regulatory Commission, Washington, the Federal Register a notice of comment submissions to remove DC 20555–0001. issuance. If the Commission makes a identifying or contact information. For additional direction on obtaining final no significant hazards If you are requesting or aggregating information and submitting comments, consideration determination, any comments from other persons for see ‘‘Obtaining Information and hearing will take place after issuance. submission to the NRC, then you should Submitting Comments’’ in the The Commission expects that the need inform those persons not to include SUPPLEMENTARY INFORMATION section of to take this action will occur very identifying or contact information that this document. infrequently. they do not want to be publicly FOR FURTHER INFORMATION CONTACT: disclosed in their comment submission. A. Opportunity To Request a Hearing Paula Blechman, Office of Nuclear Your request should state that the NRC and Petition for Leave To Intervene Reactor Regulation, U.S. Nuclear does not routinely edit comment Regulatory Commission, Washington, Within 60 days after the date of submissions to remove such information publication of this notice, any persons DC 20555–0001; telephone: 301–415– before making the comment 2242; email: [email protected]. (petitioner) whose interest may be submissions available to the public or affected by this action may file a request SUPPLEMENTARY INFORMATION: entering the comment submissions into for a hearing and petition for leave to I. Obtaining Information and ADAMS. intervene (petition) with respect to the Submitting Comments II. Notice of Consideration of Issuance action. Petitions shall be filed in accordance with the Commission’s A. Obtaining Information of Amendments to Facility Operating Licenses and Combined Licenses and ‘‘Agency Rules of Practice and Please refer to Docket ID NRC–2017– Proposed No Significant Hazards Procedure’’ in 10 CFR part 2. Interested 0080, facility name, unit number(s), Consideration Determination persons should consult a current copy plant docket number, application date, of 10 CFR 2.309. The NRC’s regulations and subject when contacting the NRC The Commission has made a are accessible electronically from the about the availability of information for proposed determination that the NRC Library on the NRC’s Web site at this action. You may obtain publicly- following amendment requests involve http://www.nrc.gov/reading-rm/doc- available information related to this no significant hazards consideration. collections/cfr/. Alternatively, a copy of action by any of the following methods: Under the Commission’s regulations in the regulations is available at the NRC’s • Federal Rulemaking Web site: Go to § 50.92 of title 10 of the Code of Federal Public Document Room, located at One http://www.regulations.gov and search Regulations (10 CFR), this means that White Flint North, Room O1–F21, 11555 for Docket ID NRC–2017–0080. operation of the facility in accordance Rockville Pike (first floor), Rockville, • NRC’s Agencywide Documents with the proposed amendment would Maryland 20852. If a petition is filed, Access and Management System not (1) involve a significant increase in the Commission or a presiding officer (ADAMS): You may obtain publicly- the probability or consequences of an will rule on the petition and, if available documents online in the accident previously evaluated, or (2) appropriate, a notice of a hearing will be ADAMS Public Documents collection at create the possibility of a new or issued. http://www.nrc.gov/reading-rm/ different kind of accident from any As required by 10 CFR 2.309(d) the adams.html. To begin the search, select accident previously evaluated, or (3) petition should specifically explain the ‘‘ADAMS Public Documents’’ and then involve a significant reduction in a reasons why intervention should be select ‘‘Begin Web-based ADAMS margin of safety. The basis for this permitted with particular reference to Search.’’ For problems with ADAMS, proposed determination for each the following general requirements for please contact the NRC’s Public amendment request is shown below. standing: (1) The name, address, and Document Room (PDR) reference staff at The Commission is seeking public telephone number of the petitioner; (2) 1–800–397–4209, 301–415–4737, or by comments on this proposed the nature of the petitioner’s right under email to [email protected]. The determination. Any comments received the Act to be made a party to the ADAMS accession number for each within 30 days after the date of proceeding; (3) the nature and extent of document referenced (if it is available in publication of this notice will be the petitioner’s property, financial, or ADAMS) is provided the first time that considered in making any final other interest in the proceeding; and (4) it is mentioned in the document. determination. the possible effect of any decision or • NRC’s PDR: You may examine and Normally, the Commission will not order which may be entered in the purchase copies of public documents at issue the amendment until the proceeding on the petitioner’s interest. the NRC’s PDR, Room O1–F21, One expiration of 60 days after the date of In accordance with 10 CFR 2.309(f), White Flint North, 11555 Rockville publication of this notice. The the petition must also set forth the Pike, Rockville, Maryland 20852. Commission may issue the license specific contentions which the

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petitioner seeks to have litigated in the final determination is that the with the NRC’s E-Filing rule (72 FR proceeding. Each contention must amendment request involves a 49139; August 28, 2007, as amended at consist of a specific statement of the significant hazards consideration, then 77 FR 46562, August 3, 2012). The E- issue of law or fact to be raised or any hearing held would take place Filing process requires participants to controverted. In addition, the petitioner before the issuance of the amendment submit and serve all adjudicatory must provide a brief explanation of the unless the Commission finds an documents over the internet, or in some bases for the contention and a concise imminent danger to the health or safety cases to mail copies on electronic statement of the alleged facts or expert of the public, in which case it will issue storage media. Detailed guidance on opinion which support the contention an appropriate order or rule under 10 making electronic submissions may be and on which the petitioner intends to CFR part 2. found in the Guidance for Electronic rely in proving the contention at the A State, local governmental body, Submissions to the NRC and on the hearing. The petitioner must also Federally-recognized Indian Tribe, or NRC’s Web site at http://www.nrc.gov/ provide references to the specific agency thereof, may submit a petition to site-help/e-submittals.html. Participants sources and documents on which the the Commission to participate as a party may not submit paper copies of their petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition filings unless they seek an exemption in position on the issue. The petition must should state the nature and extent of the accordance with the procedures include sufficient information to show petitioner’s interest in the proceeding. described below. that a genuine dispute exists with the The petition should be submitted to the To comply with the procedural applicant or licensee on a material issue Commission by May 30, 2017. The requirements of E-Filing, at least 10 of law or fact. Contentions must be petition must be filed in accordance days prior to the filing deadline, the limited to matters within the scope of with the filing instructions in the participant should contact the Office of the proceeding. The contention must be ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at one which, if proven, would entitle the section of this document, and should [email protected], or by telephone petitioner to relief. A petitioner who meet the requirements for petitions set at 301–415–1677, to (1) request a digital fails to satisfy the requirements at 10 forth in this section, except that under identification (ID) certificate, which CFR 2.309(f) with respect to at least one 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or contention will not be permitted to governmental body, or federally representative) to digitally sign participate as a party. recognized Indian Tribe, or agency submissions and access the E-Filing Those permitted to intervene become thereof does not need to address the system for any proceeding in which it parties to the proceeding, subject to any standing requirements in 10 CFR is participating; and (2) advise the limitations in the order granting leave to 2.309(d) if the facility is located within Secretary that the participant will be intervene. Parties have the opportunity its boundaries. Alternatively, a State, submitting a petition or other to participate fully in the conduct of the local governmental body, Federally- adjudicatory document (even in hearing with respect to resolution of recognized Indian Tribe, or agency instances in which the participant, or its that party’s admitted contentions, thereof may participate as a non-party counsel or representative, already holds including the opportunity to present under 10 CFR 2.315(c). an NRC-issued digital ID certificate). evidence, consistent with the NRC’s If a hearing is granted, any person Based upon this information, the regulations, policies, and procedures. who is not a party to the proceeding and Secretary will establish an electronic Petitions must be filed no later than is not affiliated with or represented by docket for the hearing in this proceeding 60 days from the date of publication of a party may, at the discretion of the if the Secretary has not already this notice. Petitions and motions for presiding officer, be permitted to make established an electronic docket. leave to file new or amended a limited appearance pursuant to the Information about applying for a contentions that are filed after the provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the deadline will not be entertained absent making a limited appearance may make NRC’s public Web site at http:// a determination by the presiding officer an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ that the filing demonstrates good cause position on the issues but may not getting-started.html. Once a participant by satisfying the three factors in 10 CFR otherwise participate in the proceeding. has obtained a digital ID certificate and 2.309(c)(1)(i) through (iii). The petition A limited appearance may be made at a docket has been created, the must be filed in accordance with the any session of the hearing or at any participant can then submit filing instructions in the ‘‘Electronic prehearing conference, subject to the adjudicatory documents. Submissions Submissions (E-Filing)’’ section of this limits and conditions as may be must be in Portable Document Format document. imposed by the presiding officer. Details (PDF). Additional guidance on PDF If a hearing is requested, and the regarding the opportunity to make a submissions is available on the NRC’s Commission has not made a final limited appearance will be provided by public Web site at http://www.nrc.gov/ determination on the issue of no the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A significant hazards consideration, the scheduled. filing is considered complete at the time Commission will make a final the document is submitted through the determination on the issue of no B. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an significant hazards consideration. The All documents filed in NRC electronic filing must be submitted to final determination will serve to adjudicatory proceedings, including a the E-Filing system no later than 11:59 establish when the hearing is held. If the request for hearing and petition for p.m. Eastern Time on the due date. final determination is that the leave to intervene (petition), any motion Upon receipt of a transmission, the E- amendment request involves no or other document filed in the Filing system time-stamps the document significant hazards consideration, the proceeding prior to the submission of a and sends the submitter an email notice Commission may issue the amendment request for hearing or petition to confirming receipt of the document. The and make it immediately effective, intervene, and documents filed by E-Filing system also distributes an email notwithstanding the request for a interested governmental entities that notice that provides access to the hearing. Any hearing would take place request to participate under 10 CFR document to the NRC’s Office of the after issuance of the amendment. If the 2.315(c), must be filed in accordance General Counsel and any others who

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have advised the Office of the Secretary have an NRC-issued digital ID certificate operation and entered a permanently that they wish to participate in the as described above, click cancel when defueled condition and the Certified Fuel proceeding, so that the filer need not the link requests certificates and you Handler Training and Retraining Program is serve the document on those will be automatically directed to the approved by the NRC. The proposed amendment would modify the PNPS TS by participants separately. Therefore, NRC’s electronic hearing dockets where deleting the portions of the TS that are no applicants and other participants (or you will be able to access any publicly longer applicable to a permanently defueled their counsel or representative) must available documents in a particular facility, while modifying the other sections to apply for and receive a digital ID hearing docket. Participants are correspond to the permanently defueled certificate before adjudicatory requested not to include personal condition. documents are filed so that they can privacy information, such as social The deletion and modification of obtain access to the documents via the security numbers, home addresses, or provisions of the administrative controls do E-Filing system. personal phone numbers in their filings, not directly affect the design of structures, systems, and components (SSCs) necessary A person filing electronically using unless an NRC regulation or other law the NRC’s adjudicatory E-Filing system for safe storage of irradiated fuel or the requires submission of such methods used for handling and storage of may seek assistance by contacting the information. For example, in some such fuel in the spent fuel pool. The changes NRC’s Electronic Filing Help Desk instances, individuals provide home to the administrative controls are through the ‘‘Contact Us’’ link located addresses in order to demonstrate administrative in nature and do not affect on the NRC’s public Web site at http:// proximity to a facility or site. With any accidents applicable to the safe www.nrc.gov/site-help/e- respect to copyrighted works, except for management of irradiated fuel or the submittals.html, by email to limited excerpts that serve the purpose permanently shutdown and defueled [email protected], or by a toll- condition of the reactor. Thus, the of the adjudicatory filings and would consequences of an accident previously free call at 1–866–672–7640. The NRC constitute a Fair Use application, Electronic Filing Help Desk is available evaluated are not increased. participants are requested not to include In a permanently defueled condition, the between 9 a.m. and 6 p.m., Eastern copyrighted materials in their only credible accidents are the fuel handling Time, Monday through Friday, submission. accident (FHA) and those involving excluding government holidays. For further details with respect to radioactive waste systems remaining in Participants who believe that they these license amendment applications, service. The probability of occurrence of have a good cause for not submitting see the application for amendment previously evaluated accidents is not documents electronically must file an which is available for public inspection increased, because extended operation in a exemption request, in accordance with in ADAMS and at the NRC’s PDR. For defueled condition will be the only operation allowed. This mode of operation is bounded 10 CFR 2.302(g), with their initial paper additional direction on accessing filing stating why there is good cause for by the existing analyses. Additionally, the information related to this document, occurrence of postulated accidents associated not filing electronically and requesting see the ‘‘Obtaining Information and authorization to continue to submit with reactor operation is no longer credible Submitting Comments’’ section of this in a permanently defueled reactor. This documents in paper format. Such filings document. significantly reduces the scope of applicable must be submitted by: (1) First class accidents. mail addressed to the Office of the Entergy Nuclear Operations, Inc., Therefore, the proposed amendment does Secretary of the Commission, U.S. Docket No. 50–293, Pilgrim Nuclear not involve a significant increase in the Nuclear Regulatory Commission, Power Station (PNPS), Plymouth probability or consequences of an accident Washington, DC 20555–0001, Attention: County, Massachusetts previously evaluated. Rulemaking and Adjudications Staff; or Date of amendment request: February 2. Does the proposed amendment create (2) courier, express mail, or expedited the possibility of a new or different kind of 14, 2017. A publicly available version is accident from any accident previously delivery service to the Office of the in ADAMS under Accession No. Secretary, 11555 Rockville Pike, evaluated? ML17053A468. Response: No. Rockville, Maryland, 20852, Attention: Description of amendment request: The proposed changes have no impact on Rulemaking and Adjudications Staff. The amendment would revise certain facility SSCs affecting the safe storage of Participants filing adjudicatory staffing and training requirements, irradiated fuel, or on the methods of documents in this manner are reports, programs, and editorial changes operation of such SSCs, or on the handling responsible for serving the document on in the Technical Specifications (TS) and storage of irradiated fuel itself. The all other participants. Filing is Table of Contents; Section 1.0, administrative removal or modifications of considered complete by first-class mail ‘‘Definitions’’; Section 4.0, ‘‘Design the TS that are related only to administration as of the time of deposit in the mail, or of the facility cannot result in different or Features’’; and Section 5.0, more adverse failure modes or accidents than by courier, express mail, or expedited ‘‘Administrative Controls’’ that will no delivery service upon depositing the previously evaluated because the reactor will longer be applicable once PNPS is be permanently shutdown and defueled and document with the provider of the permanently defueled. PNPS will no longer be authorized to operate service. A presiding officer, having Basis for proposed no significant the reactor or retain or place fuel in the granted an exemption request from hazards consideration determination: reactor vessel. using E-Filing, may require a participant As required by 10 CFR 50.91(a), the The proposed changes to the PNPS TS do or party to use E-Filing if the presiding licensee has provided its analysis of the not affect systems credited in the accident officer subsequently determines that the issue of no significant hazards analysis for the FHA or radioactive waste reason for granting the exemption from consideration, which is presented system upsets at PNPS. The proposed TS will continue to require proper control and use of E-Filing no longer exists. below: Documents submitted in adjudicatory monitoring of safety significant parameters proceedings will appear in the NRC’s 1. Does the proposed amendment involve and activities. The proposed amendment does not result electronic hearing docket which is a significant increase in the probability or consequences of an accident previously in any new mechanisms that could initiate available to the public at https:// evaluated? damage to the remaining relevant safety adams.nrc.gov/ehd, unless excluded Response: No. barriers for defueled plants (fuel cladding pursuant to an order of the Commission The proposed amendment would not take and spent fuel cooling). Extended operation or the presiding officer. If you do not effect until PNPS has permanently ceased in a defueled condition will be the only

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operation allowed, and it is bounded by the isolation setpoint allowable value, addition, the increase in the AV for the MSL existing analyses, such a condition does not which will result in earlier main steam [main steam line] low pressure from ≥746 ≥ create the possibility of a new or different line isolation. The revised main steam psig to 814 psig will result in the MSIV kind of accident. line low pressure isolation capability [main steam isolation valve] closure signal Therefore, the proposed change does not initiation at a higher temperature. As a result, create the possibility of a new or different and the revised SL are intended to no new failure modes are being introduced. kind of accident from any previously ensure that NMP2 remains within the Therefore, the proposed changes do not evaluated. TS SLs in the event of a pressure create the possibility of a new or different 3. Does the proposed amendment involve regulator failure maximum demand kind of accident from any accident a significant reduction in a margin of safety? transient. previously evaluated. Response: No. Basis for proposed no significant 3. Does the proposed amendment involve Since the 10 CFR part 50 license for PNPS hazards consideration determination: a significant reduction in a margin of safety? will no longer authorize operation of the As required by 10 CFR 50.91(a), the Response: No. reactor or emplacement or retention of fuel licensee has provided its analysis of the The proposed changes do not involve a into the reactor vessel once the certifications significant reduction in a margin of safety required by 10 CFR 50.82(a)(1) are docketed, issue of no significant hazards because the margin of safety is established as specified in 10 CFR 50.82(a)(2), the consideration, which is presented through the design of the plant structures, occurrence of postulated accidents associated below, with NRC staff edits in square systems, and components, and through the with reactor operation is no longer credible. brackets: parameters for safe operation and setpoints The only remaining credible accidents are a for the actuation of equipment relied upon to 1. Does the proposed amendment involve FHA and those involving radioactive waste respond to transients and design basis a significant increase in the probability or systems remaining in service. The proposed accidents. The proposed change in reactor consequences of an accident previously amendment does not adversely affect the dome pressure SLs and the AV for the MSL evaluated? inputs or assumptions of any of the design low pressure ensures the safety margin is Response: No. basis analyses that impact these analyzed maintained, which protects the fuel cladding The proposed changes do not involve a conditions. integrity during steady state operation, significant increase in the probability or The proposed changes are limited to those normal operational transients, or AOOs consequences of an accident previously portions of the TS that are not related to the [anticipated operational occurrences] such as evaluated because decreasing the reactor safe storage of irradiated fuel. The a depressurization transient, but does not dome pressure in TS SL 2.1.1.1 and TS SL requirements that are proposed to be revised change the requirements governing operation 2.1.1.2 for reactor RTP [rated thermal power] or deleted from the PNPS TS are not credited or availability of safety equipment assumed ranges and increasing the AV [allowable to operate to preserve the margin of safety. in the existing accident analysis for the value] for the Main Steam Line Pressure-Low The proposed changes do not involve remaining applicable postulated accident; on TS Table 3.3.6.1–1, Function b, effectively and as such, do not contribute to the margin expands the range of applicability for GEXL physical changes to the plant or its operating of safety associated with the accident correlation and the calculation of MCPR characteristics. The reduction in the reactor analysis. Postulated design basis accidents [minimum critical power ratio]. The CPR dome pressure value in the SL from 785 psig involving the reactor are no longer possible [critical power ratio] rises during the to 700 psia and the increase to the AV for the because the reactor will be permanently pressure reduction following the scram that MSL low pressure provides added margin to shutdown and defueled and PNPS will no terminates the PRFO [pressure regulator accommodate the pressure reduction during longer be authorized to operate the reactor or failure—maximum demand (open)] transient. the PRFO transient within the revised TS retain or place fuel in the reactor vessel. The reduction in the reactor dome pressure limit without compromising fuel integrity. Therefore, the proposed change does not value in the SL from 785 psig [pounds per Therefore, the proposed changes do not involve a significant reduction in the margin square inch gauge] to 700 psia [pounds per involve a significant reduction in a margin of of safety. square inch absolute] and the increase in the safety. The NRC staff has reviewed the AV from ≥746 psig to ≥814 psig adequately The NRC staff has reviewed the licensee’s analysis and, based on this accommodate the pressure reduction during licensee’s analysis and, based on this review, it appears that the three the PRFO transient within the revised TS review, it appears that the three limit without compromising fuel integrity. standards of 50.92(c) are satisfied. The expanded GEXL correlation range standards of 10 CFR 50.92(c) are Therefore, the NRC staff proposes to supports NMP2 revised low pressure safety satisfied. Therefore, the NRC staff determine that the amendment request limit of 700 psia. The proposed TS revision proposes to determine that the involves no significant hazards involves no significant changes to the amendment request involves no consideration. operation of any systems or components in significant hazards consideration. Attorney for licensee: Jeanne Cho, normal or accident or transient operating Attorney for licensee: Tamra Domeyer, Assistant General Counsel, Entergy conditions. Associate General Counsel, Exelon Nuclear Operations, Inc., 440 Hamilton Therefore, the proposed changes do not Generation Company, LLC, 4300 Avenue, White Plains, NY 10601. involve a significant increase in the Winfield Road, Warrenville, IL 60555. NRC Branch Chief: Douglas A. probability or consequences of an accident NRC Acting Branch Chief: Stephen S. previously evaluated. Broaddus. 2. Does the proposed amendment create Koenick. Exelon Generation Company, LLC, the possibility of a new or different kind of Exelon Generation Company, LLC Docket No. 50–410, Nine Mile Point accident from any accident previously (Exelon), Docket No. 50–219, Oyster evaluated? Nuclear Station, Unit 2 (NMP2), Oswego Response: No. Creek Nuclear Generating Station County, New York The proposed changes do not create the (OCNGS), Ocean County, New Jersey Date of amendment request: possibility of a new or different kind of Date of amendment request: February December 13, 2016, as supplemented by accident from any accident previously 20, 2017. A publicly-available version is letter dated February 17, 2017. Publicly- evaluated because the proposed reduction in available in ADAMS under Accession available versions are in ADAMS under the reactor dome pressure value in the SL No. ML17051A003. from 785 psig to 700 psia reflects a wider Description of amendment request: Accession Nos. ML16348A368 and range of applicability for the GEXL ML17048A034, respectively. correlation which is approved by the NRC for The licensee proposes to delete from the Description of amendment request: both GE14 currently in NMP2 and GNF2 Facility Operating License (FOL) certain The amendment would revise the NMP2 fuels proposed for NMP2. The proposed license conditions, which impose technical specification (TS) safety limit changes do not involve physical changes to specific requirements on the (SL) to increase the low pressure the plant or its operating characteristics. In decommissioning trust agreement. The

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licensee proposes to meet the provisions Therefore, the proposed change does not The proposed changes reduce the of 10 CFR 50.75(h) for OCNGS. involve a significant reduction in the margin probability of an unexpected draining event Basis for proposed no significant of safety. (which is not a previously evaluated hazards consideration determination: The NRC staff has reviewed the accident) by imposing new requirements on As required by 10 CFR 50.91(a), the the limiting time in which an unexpected licensee’s analysis and, based on this draining event could result in the reactor licensee has provided its analysis of the review, it appears that the three vessel water level dropping to the top of the issue of no significant hazards standards of 10 CFR 50.92(c) are active fuel (TAF). These controls require consideration, which is presented satisfied. Therefore, the NRC staff cognizance of the plant configuration and below: proposes to determine that the control of configurations with unacceptably short drain times. These requirements reduce 1. Does the proposed amendment involve amendment request involves no the probability of an unexpected draining a significant increase in the probability or significant hazards consideration. event. The current TS requirements are only consequences of an accident previously Attorney for licensee: Tamra Domeyer, mitigating actions and impose no evaluated? Associate General Counsel, Exelon requirements that reduce the probability of Response: No. Generation Company, LLC, 4300 an unexpected draining event. The requested changes delete License Winfield Road, Warrenville, IL 60555. The proposed changes reduce the Conditions 3.F through 3.K pertaining to NRC Branch Chief: Douglas A. consequences of an unexpected draining Decommissioning Trust Agreements Broaddus. event (which is not a previously evaluated currently in the OCNGS FOL. The requested accident) by requiring an Emergency Core changes are consistent with the types of Exelon Generation Company, LLC and Cooling System (ECCS) subsystem to be license amendments [identified] in 10 CFR PSEG Nuclear LLC, Docket Nos. 50–277 operable at all times in Modes 4 and 5. The 50.75(h)(4). and 50–278, Peach Bottom Atomic current TS requirements do not require any The regulations of 10 CFR 50.75(h)(4) state Power Station, Units 2 and 3, York and ‘‘Unless otherwise determined by the water injection systems, ECCS or otherwise, Commission with regard to a specific Lancaster Counties, Pennsylvania to be Operable in certain conditions in Mode application, the Commission has determined Date of amendment request: January 5. The change in requirement from two ECCS that any amendment to the license of a subsystems to one ECCS subsystem in Modes 30, 2017. A publicly-available version is 4 and 5 does not significantly affect the utilization facility that does no more than in ADAMS under Accession No. delete specific license conditions relating to consequences of an unexpected draining ML17030A302. event because the proposed Actions ensure the terms and conditions of decommissioning Description of amendment request: trust agreements involves ‘‘no significant equipment is available within the limiting hazard considerations.’’ The amendments would replace existing drain time that is as capable of mitigating the This request involves changes that are Technical Specification (TS) event as the current requirements. The administrative in nature. No actual plant requirements related to ‘‘operations proposed controls provide escalating equipment or accident analyses will be with a potential for draining the reactor compensatory measures to be established as affected by the proposed changes. vessel’’ (OPDRVs) with new calculated drain times decrease, such as Therefore, the proposed amendment does requirements on reactor pressure vessel verification of a second method of water not involve a significant increase in the injection and additional confirmations that (RPV) water inventory control (WIC) to containment and/or filtration would be probability or consequence of an accident protect Safety Limit 2.1.1.3. Safety Limit previously evaluated. available if needed. 2. Does the [p]roposed amendment create 2.1.1.3 requires RPV water level to be The proposed changes reduce or eliminate the possibility of a new or different kind of greater than the top of active irradiated some requirements that were determined to accident from any accident previously fuel. The proposed changes are based on be unnecessary to manage the consequences evaluated? TS Task Force (TSTF) Traveler TSTF– of an unexpected draining event, such as Response: No. 542, Revision 2, ‘‘Reactor Pressure automatic initiation of an ECCS subsystem This request involves administrative Vessel Water Inventory Control.’’ and control room ventilation. These changes changes to the license that will be consistent Basis for proposed no significant do not affect the consequences of any with the NRC’s regulations at 10 CFR hazards consideration determination: accident previously evaluated since a draining event in Modes 4 and 5 is not a 50.75(h). As required by 10 CFR 50.91(a), the No actual plant equipment or accident previously evaluated accident and the analyses will be affected by the proposed licensee has provided its analysis of the requirements are not needed to adequately change and no failure modes not bounded by issue of no significant hazards respond to a draining event. previously evaluated accidents will be consideration, which is presented Therefore, the proposed changes do not created. below: involve a significant increase in the probability or consequences of an accident Therefore, the proposed change does not 1. Does the proposed change involve a previously evaluated. create the possibility of a new or different significant increase in the probability or kind of accident from any previously consequences of an accident previously 2. Does the proposed change create the evaluated. evaluated? possibility of a new or different kind of 3. Does the proposed amendment involve Response: No. accident from any accident previously a significant reduction in a margin of safety? The proposed changes replace existing TS evaluated? Response: No. requirements related to OPDRVs with new Response: No. Margin of safety is associated with requirements on RPV WIC that will protect The proposed changes replace existing TS confidence in the ability of the fission Safety Limit 2.1.1.3. Draining of RPV water requirements related to OPDRVs with new product barriers to limit the level of radiation inventory in Mode 4 (i.e., cold shutdown) requirements on RPV WIC that will protect dose to the public. and Mode 5 (i.e., refueling) is not an accident Safety Limit 2.1.1.3. The proposed changes This request involves administrative previously evaluated and, therefore, will not alter the design function of the changes to the license that will be consistent replacing the existing TS controls to prevent equipment involved. Under the proposed with the NRC’s regulations at 10 CFR or mitigate such an event with a new set of changes, some systems that are currently 50.75(h). controls has no effect on any accident required to be operable during OPDRVs No actual plant equipment or accident previously evaluated. RPV water inventory would be required to be available within the analyses will be affected by the proposed control in Mode 4 or Mode 5 is not an limiting drain time or to be in service change. Additionally, the proposed changes initiator of any accident previously depending on the limiting drain time. Should will not relax any criteria used to establish evaluated. The existing OPDRV controls or those systems be unable to be placed into safety limits, will not relax any safety the proposed RPV WIC controls are not service, the consequences are no different systems settings, or will not relax the bases mitigating actions assumed in any accident than if those systems were unable to perform for any limiting conditions of operation. previously evaluated. their function under the current TS

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requirements. The event of concern under the Startup, and Operating Rate of Change subject RPS functional unit or of any other current requirements and the proposed of Power—High, functional unit trip. SSC. More specifically, the proposed changes changes are an unexpected draining event. Additionally, the proposed license neither alter the power rate-of-change trip The proposed changes do not create new amendments add new Limiting function nor its ability to bypass and reset as failure mechanisms, malfunctions, or required. The subject RPS functional unit accident initiators that would cause a Condition for Operation (LCO) 3.0.5 and remains capable of performing its design draining event or a new or different kind of relatedly modifies LCO 3.0.2, to provide function. accident not previously evaluated or for placing inoperable equipment under The proposed addition of new LCO 3.0.5 included in the design and licensing bases. administrative control for the purpose of to the St. Lucie Unit 1 and Unit 2 TS and Therefore, the proposed changes do not conducting testing required to related modification to LCO 3.0.2 is create the possibility of a new or different demonstrate OPERABILITY. consistent with the guidance provided in kind of accident from any accident Basis for proposed no significant NUREG–1432, Volume 1 (Reference 6.1 [of previously evaluated. the amendment request]) and thereby has hazards consideration determination: been previously evaluated by the 3. Does the proposed change involve a As required by 10 CFR 50.91(a), the significant reduction in a margin of safety? Commission with a determination that the Response: No. licensee has provided its analysis of the proposed change does not involve a The proposed changes replace existing TS issue of no significant hazards significant hazards consideration. requirements related to OPDRVs with new consideration, which is presented Therefore, the proposed change does not requirements on RPV WIC. The current below: create the possibility of a new or different requirements do not have a stated safety basis kind of accident from any previously 1. Does the proposed amendment involve and no margin of safety is established in the evaluated. a significant increase in the probability or licensing basis. The safety basis for the new 3. Does the proposed amendment involve consequences of an accident previously a significant reduction in a margin of safety? requirements is to protect Safety Limit evaluated? 2.1.1.3. New requirements are added to Response: No. Response: No. Limiting the MODE 1 applicability for RPS determine the limiting time in which the Limiting the MODE 1 applicability for RPS RPV water inventory could drain to the top functional unit, Startup and Operating Rate functional unit, Startup and Operating Rate of Change of Power—High, to Power Range of the fuel in the reactor vessel should an of Change of Power—High, to Power Range ≤ unexpected draining event occur. Plant Neutron Flux Power 15% of RATED Neutron Flux Power ≤15% of RATED THERMAL POWER is an administrative configurations that could result in lowering THERMAL POWER, is an administrative the RPV water level to the TAF within one change in nature. The proposed changes change in nature and does not alter the neither involve changes to any safety hour are now prohibited. New escalating manner in which the functional unit is compensatory measures based on the limiting analyses assumptions, safety limits, or operated or maintained. The proposed limiting safety system settings nor do they drain time replace the current controls. The changes do not represent any physical adversely impact plant operating margins or proposed TS establish a safety margin by change to plant [structures, systems, and the reliability of equipment credited in safety providing defense-in-depth to ensure that the components (SSC(s))], or to procedures analyses. Safety Limit is protected and to protect the established for plant operation. The subject The proposed addition of new LCO 3.0.5 public health and safety. While some less RPS functional unit is not an event initiator to the St. Lucie Unit 1 and Unit 2 TS and restrictive requirements are proposed for nor is it credited in the mitigation of any related modification to LCO 3.0.2 is plant configurations with long calculated event or credited in the [probabilistic risk consistent with the guidance provided in drain times, the overall effect of the change assessment (PRA)]. As such, the initial NUREG–1432, Volume 1 (Reference 6.1 [of is to improve plant safety and to add safety conditions associated with accidents the amendment request]) and thereby has margin. previously evaluated and plant systems been previously evaluated by the Therefore, the proposed changes do not credited for mitigating the consequences of Commission with a determination that the involve a significant reduction in a margin of accidents previously evaluated remain proposed change does not involve a safety. unchanged. significant hazards consideration. The NRC staff has reviewed the The proposed addition of new LCO 3.0.5 Therefore, operation of the facility in licensee’s analysis and, based on this to the St. Lucie Unit 1 and Unit 2 TS and accordance with the proposed amendment related modification to LCO 3.0.2 is review, it appears that the three will not involve a significant reduction in the consistent with the guidance provided in margin of safety. standards of 10 CFR 50.92(c) are NUREG–1432, Volume 1 [ADAMS Accession satisfied. Therefore, the NRC staff No. ML12102A165] (Reference 6.1 [of the The NRC staff has reviewed the proposes to determine that the amendment request]) and thereby has been licensee’s analysis and, based on this amendment request involves no previously evaluated by the Commission review, it appears that the three significant hazards consideration. with a determination that the proposed standards of 50.92(c) are satisfied. Attorney for licensee: Tamra Domeyer, change does not involve a significant hazards Therefore, the NRC staff proposes to Associate General Counsel, Exelon consideration. determine that the amendment request Generation Company, LLC, 4300 Therefore, facility operation in accordance involves no significant hazards with the proposed license amendments Winfield Rd., Warrenville, IL 60555. would not involve a significant increase in consideration. NRC Branch Chief: James G. Danna. the probability or consequences of an Attorney for licensee: William S. Blair, Managing Attorney—Nuclear, Florida Power & Light Company, et al., accident previously evaluated. Florida Power & Light Company, 700 Docket Nos. 50–335 and 50–389, St. 2. Does the proposed amendment create the possibility of a new or different kind of Universe Boulevard, MS LAW/JB, Juno Lucie Plant, Unit Nos. 1 and 2, St. Lucie accident from any accident previously Beach, FL 33408–0420. County, Florida evaluated? NRC Branch Chief: Benjamin G. Date of amendment request: January Response: No. Beasley. 23, 2017. A publicly-available version is Limiting the MODE 1 applicability for the in ADAMS under Accession No. RPS functional unit, Startup and Operating Omaha Public Power District, Docket Rate of Change of Power—High, to Power No. 50–285, Fort Calhoun Station, Unit ML17025A399. ≤ Description of amendment request: Range Neutron Flux Power 5% of RATED No. 1 (FCS), Washington County, THERMAL POWER, is an administrative Nebraska The amendments would modify the St. change in nature and does not involve the Lucie Plant, Unit Nos. 1 and 2, addition of any plant equipment, Date of amendment request: Technical Specifications (TSs) by methodology or analyses. The proposed December 16, 2016. A publicly-available limiting the MODE of applicability for changes do not alter the design, version is in ADAMS under Accession the Reactor Protection System (RPS), configuration, or method of operation of the No. ML16351A464.

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Description of amendment request: Response: No. function of plant structures, systems or The proposed amendment would revise Margin of safety is associated with components (SSC) or the manner in which the FCS Emergency Plan and Emergency confidence in the ability of the fission SSCs perform their design function. The Action Level (EAL) scheme for the product barriers (i.e., fuel cladding, reactor proposed changes neither adversely affect coolant system pressure boundary, and permanently defueled condition. The accident initiators or precursors, nor alter containment structure) to limit the level of design assumptions. The proposed changes proposed permanently defueled radiation dose to the public. The proposed do not alter or prevent the ability of SSCs to Emergency Plan and EAL scheme are changes are associated with the FCS perform their intended function to mitigate commensurate with the significantly Emergency Plan and EAL scheme and do not the consequences of an initiating event reduced spectrum of credible accidents impact operation of the facility or its within assumed acceptance limits. No that can occur in the permanently response to transients or accidents. The operating procedures or administrative defueled condition and are necessary to change does not affect the Technical controls that function to prevent or mitigate properly reflect the conditions of the Specifications. The proposed changes do not accidents are affected by the proposed facility while continuing to preserve the involve a change in the method of facility changes. Therefore, the proposed changes do operation, and no accident analyses will be effectiveness of the emergency plan. not involve a significant increase in the affected by the proposed changes. Safety probability or consequences of an accident Basis for proposed no significant analysis acceptance criteria are not affected previously evaluated. hazards consideration determination: by the proposed changes. The revised 2. Does the proposed change create the As required by 10 CFR 50.91(a), the Emergency Plan will continue to provide the possibility of a new or different kind of licensee has provided its analysis of the necessary response staff. accident from any accident previously issue of no significant hazards Therefore, the proposed amendment does evaluated? consideration, which is presented not involve a significant reduction in a Response: No. below: margin of safety. The proposed changes do not involve a physical alteration of the plant (i.e., no new 1. Does the proposed amendment involve The NRC staff has reviewed the licensee’s analysis and, based on this or different types of equipment will be a significant increase in the probability or installed or removed) or a change in the consequences of an accident previously review, it appears that the three method of plant operation. The proposed evaluated? standards of 10 CFR 50.92(c) are changes will not introduce failure modes that Response: No. satisfied. Therefore, the NRC staff could result in a new accident, and the The proposed changes to the FCS proposes to determine that the changes do not alter assumptions made in the Emergency Plan and EAL scheme do not amendment request involves no safety analysis. The proposed changes to the impact the function of facility structures, significant hazards consideration. HCGS and SGS EALs are not initiators of any systems, or components. The proposed Attorney for licensee: David A. Repka, accidents. Therefore, the proposed changes changes do not affect accident initiators or do not create the possibility of a new or precursors, nor does it alter design Esq., Winston & Strawn, 1700 K Street NW., Washington, DC 20006–3817. different kind of accident from any assumptions. The proposed changes do not previously evaluated. prevent the ability of the on-shift staff and NRC Branch Chief: Douglas A. Broaddus. 3. Does the proposed change involve a emergency response organization to perform significant reduction in a margin of safety? their intended functions to mitigate the PSEG Nuclear LLC, Docket Nos. 50–354, Response: No. consequences of any accident or event that 50–272, and 50–311, Hope Creek Margin of safety is associated with the will be credible in the permanently defueled ability of the fission product barriers (i.e., condition. Generating Station (HCGS) and Salem Nuclear Generating Station (SGS), Unit fuel cladding, reactor coolant system The probability of occurrence of previously pressure boundary, and containment evaluated accidents is not increased, because Nos. 1 and 2, Salem County, New Jersey structure) to limit the level of radiation dose most previously analyzed accidents can no Date of amendment request: February to the public. The proposed changes do not longer occur and the probability of the few 13, 2017. A publicly-available version is impact operation of the plant or its response remaining credible accidents are unaffected in ADAMS under Package Accession to transients or accidents. The changes do not by the proposed amendment. affect the Technical Specifications or the Therefore, the proposed amendment does No. ML17044A346. Description of amendment request: operating license. The proposed changes do not involve a significant increase in the not involve a change in the method of plant probability or consequences of an accident The amendments would revise the operation, and no accident analyses will be previously evaluated. HCGS and SGS, Unit Nos. 1 and 2, affected by the proposed changes. 2. Does the proposed amendment create emergency action level (EAL) schemes. Additionally, the proposed changes will not the possibility of a new or different kind of Specifically, the licensee proposes to relax any criteria used to establish safety accident from any accident previously adopt the EAL scheme described in limits and will not relax any safety system evaluated? Nuclear Energy Institute (NEI) 99–01, settings. The safety analysis acceptance Response: No. Revision 6, ‘‘Development of Emergency criteria are not affected by these changes. The The proposed changes reduce the scope of proposed changes will not result in plant the FCS Emergency Plan and EAL scheme Action Levels for Non-Passive Reactors.’’ NEI 99–01, Revision 6, has operation in a configuration outside the commensurate with the hazards associated design basis. The proposed changes do not with a permanently shutdown and defueled been endorsed by the NRC. adversely affect systems that respond to facility. The proposed changes do not involve Basis for proposed no significant safely shut down the plant and to maintain installation of new equipment or hazards consideration determination: the plant in a safe shutdown condition. The modification of existing equipment, so that As required by 10 CFR 50.91(a), the emergency plan will continue to activate an no new equipment failure modes are licensee has provided its analysis of the emergency response commensurate with the introduced. Also, the proposed changes do issue of no significant hazards extent of degradation of plant safety. not result in a change to the way that the consideration, which is presented equipment or facility is operated resulting in below: The NRC staff has reviewed the new or different kinds of accident initiators licensee’s analysis and, based on this or accident mitigation. 1. Does the proposed change involve a review, it appears that the three Therefore, the proposed amendment does significant increase in the probability or not create the possibility of a new or different consequences of an accident previously standards of 10 CFR 50.92(c) are kind of accident from any previously evaluated? satisfied. Therefore, the NRC staff evaluated. Response: No. proposes to determine that the 3. Does the proposed amendment involve The proposed changes to the HCGS and amendment request involves no a significant reduction in a margin of safety? SGS EALs do not impact the physical significant hazards consideration.

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Attorney for licensee: Jeffrie J. Keenan, Response: No. South Carolina Electric & Gas Company, PSEG Nuclear LLC—N21, P.O. Box 236, The proposed revision to the hydrogen Docket Nos. 52–027 and 52–028, Virgil Hancocks Bridge, NJ 08038. venting for the Passive Core Cooling System C. Summer Nuclear Station, Units 2 and NRC Branch Chief: James G. Danna. (PXS) Valve/Accumulator Room A (Room 3, Fairfield County, South Carolina 11206) and clarification of the venting path South Carolina Electric & Gas Company, definition for PXS Valve/Accumulator Room Date of amendment request: February Docket Nos. 52–027 and 52–028, Virgil B (Room 11207) will maintain the beyond 16, 2017. A publicly-available version is C. Summer Nuclear Station, Units 2 and design basis function of the hydrogen in ADAMS under Accession No. 3, Fairfield, South Carolina ignition subsystem. The hydrogen venting ML17047A192. changes do not impact the hydrogen ignition Description of amendment request: Date of amendment request: February subsystem’s function to maintain 15, 2017. A publicly-available version is The requested amendment proposes to containment integrity during beyond design depart from Tier 2 information in the in ADAMS under Accession No. basis accident conditions, and, thus does not ML17046A660. Updated Final Safety Analysis Report introduce any new failure mode. The (UFSAR) and involves changes to Description of amendment request: proposed changes do not create a new fault The amendment request proposes to or sequence of events that could result in a related plant-specific Tier 1 revise the licensing basis information to radioactive release. The proposed changes information, with corresponding reflect changes to the locations of the would not affect any safety-related accident changes to the associated combined hydrogen venting primary openings in mitigating function. license (COL) Appendix C information, the passive core cooling system (PXS) Therefore, the proposed amendment does to clarify text that currently refers to valve/accumulator rooms inside not create the possibility of a new or different raceways with an electrical containment. Because this proposed kind of accident. classification (i.e., Class 1E/non-Class 3. Does the proposed amendment involve 1E). This includes rewording multiple change requires a departure from Tier 1 a significant reduction in a margin of safety? information in the Westinghouse Inspections, Tests, Analyses, and Response: No. Acceptance Criteria (ITAAC) and Electric Company’s AP1000 Design The proposed revision to the hydrogen Control Document (DCD), the licensee venting for the Passive Core Cooling System UFSAR material to clarify that any text also requested an exemption from the (PXS) Valve/Accumulator Room A (Room referring to Class 1E or non-Class 1E requirements of the Generic DCD Tier 1 11206) and clarification of the venting path raceways or raceway systems is referring in accordance with 10 CFR 52.63(b)(1). definition for PXS Valve/Accumulator Room to raceways or raceway systems that Basis for proposed no significant B (Room 11207) will maintain the beyond route Class 1E or non-Class 1E circuits. hazards consideration determination: design basis function of the hydrogen Basis for proposed no significant As required by 10 CFR 50.91(a), the ignition subsystem. The proposed changes do hazards consideration determination: licensee has provided its analysis of the not have any effect on the ability of safety- As required by 10 CFR 50.91(a), the issue of no significant hazards related structures, systems, or components to licensee has provided its analysis of the perform their beyond design basis functions. consideration, which is presented issue of no significant hazards The proposed changes are a result of a low consideration, which is presented below: probability, severe accident scenario being below: 1. Does the proposed amendment involve evaluated. The revision to this scenario does 1. Does the proposed amendment involve a significant increase in the probability or not result in an increase in the plant risk a significant increase in the probability or consequences of an accident previously (frequency and/or consequences). The consequences of an accident previously evaluated? frequency is low and there is no increase to evaluated? Response: No. the consequences because containment Response: No. The proposed revision to the hydrogen integrity is maintained and there is no These proposed changes are for venting for the Passive Core Cooling System containment leakage. There is no change to clarification and consistency. No structure, (PXS) Valve/Accumulator Room A (Room the maximum allowed containment leakage system, or component (SSC) or function is 11206) and clarification of the venting path rate (0.10% of containment air weight per definition for PXS Valve/Accumulator Room changed within this activity. There is no day) for the containment vessel. The change to the application of regulatory guides B (Room 11207) do not affect any safety- proposed changes do not affect the ability of related equipment or function. The hydrogen or industry standards to raceways or raceway the hydrogen igniter subsystem to maintain systems, nor is there a change to how they ignition subsystem, including designed containment integrity following a beyond hydrogen venting features, is designed to are designed, fabricated, procured or design basis accident. The hydrogen igniter installed. Raceway systems that route Class mitigate beyond design basis hydrogen subsystem continues to meet the generation in the containment. The hydrogen 1E circuits will continue to be designated requirements for which it was designed and and designed as equipment Class C, safety- venting changes do not involve any accident, continues to meet the regulations. initiating event or component failure; thus, related, and seismic Category I structures. Therefore, the proposed amendment does the probabilities of the accidents previously The proposal to align the text in COL not involve a significant reduction in a evaluated are not affected. The modified Appendix C (and plant-specific Tier 1) margin of safety. venting locations and definitions will Section 3.3 with the associated ITAAC is made for clarification and consistency to maintain the hydrogen ignition subsystem The NRC staff has reviewed the designed and analyzed beyond design basis reduce misinterpretation. The proposal to function to maintain containment integrity. licensee’s analysis and, based on this reword multiple ITAAC in 3.3.00.07 does not The maximum allowable containment review, it appears that the three change the intent of the ITAAC, nor is the leakage rate specified in the Technical standards of 10 CFR 50.92(c) are ITAAC scope or closure method impacted. Specifications is unchanged, and radiological satisfied. Therefore, the NRC staff The proposed amendment does not affect material release source terms are not affected; proposes to determine that the the prevention and mitigation of abnormal thus, the radiological releases in the accident amendment request involves no events; e.g., accidents, anticipated operation occurrences, earthquakes, floods, turbine analyses are not affected. significant hazards consideration. Therefore, the proposed amendment does missiles, and fires or their safety or design not involve a significant increase in the Attorney for licensee: Ms. Kathryn M. analyses. This change does not involve probability or consequences of an accident Sutton, Morgan, Lewis & Bockius, LLC, containment of radioactive isotopes or any previously evaluated. 1111 Pennsylvania NW., Washington, adverse effect on a fission product barrier. 2. Does the proposed amendment create DC 20004–2514. There is no impact on previously evaluated the possibility of a new or different kind of accidents. accident from any accident previously NRC Branch Chief: Jennifer Dixon- Therefore, the proposed amendment does evaluated? Herrity. not involve a significant increase in the

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probability or consequences of an accident Report in the form of departures from The proposed change is to revise the previously evaluated. the incorporated plant-specific Design thickness of the floor above the CCS Valve 2. Does the proposed amendment create Control Document (DCD) Tier 2 * Room in the auxiliary building. The the possibility of a new or different kind of information and related changes to the proposed changes do not change the design accident from any accident previously requirements of the nuclear island structures. evaluated? VEGP Units 3 and 4 Combined License The proposed changes do not change the Response: No. (COL) Appendix C (and corresponding design function, support, design, or operation The proposed changes do not involve a plant-specific DCD Tier 1) information. of mechanical and fluid systems. The new failure mechanism or malfunction, Pursuant to the provisions of 10 CFR proposed changes do not result in a new which affects an SSC accident initiator, or 52.63(b)(1), an exemption from elements failure mechanism for the nuclear island interface with any SSC accident initiator or of the design as certified in the 10 CFR structures or new accident precursors. As a initiating sequence of events considered in part 52, Appendix D, a design result, the design function of the nuclear the design and licensing bases. There is no certification rule is also requested for island structures is not adversely affected by adverse effect on radioisotope barriers or the the plant-specific Tier 1 material the proposed change. release of radioactive materials. The departures. The proposed change is to Therefore, the proposed amendment does proposed amendment does not adversely not create the possibility of a new or different affect any accident, including the possibility the thickness of one floor in the kind of accident from any accident of creating a new or different kind of accident auxiliary building located between previously evaluated. from any accident previously evaluated. Column Lines I to J–1 and Column Lines 3. Does the proposed amendment involve Therefore, the proposed changes do not 2 to 4 at Elevation 153′-0″. This a significant reduction in a margin of safety? create the possibility of a new or different submittal requests approval of the Response: No. type of accident. license amendment, necessary to No safety analysis or design basis 3. Does the proposed amendment involve implement these changes. acceptance limit/criterion is challenged or a significant reduction in a margin of safety? Basis for proposed no significant exceeded by the proposed changes, thus, no Response: No. hazards consideration determination: margin of safety is reduced. These proposed changes are for As required by 10 CFR 50.91(a), the Therefore, the proposed amendment does clarification and consistency to reduce not involve a significant reduction in a misinterpretation. No SSC or function is licensee has provided its analysis of the margin of safety. issue of no significant hazards changed within this activity. There is no The NRC staff has reviewed the change to the application of regulatory guides consideration, which is presented below or industry standards to raceways or raceway with NRC staff edits in square brackets: licensee’s analysis and, based on this systems, nor is there a change to how they review, it appears that the three 1. Does the proposed amendment involve standards of 10 CFR 50.92(c) are are designed, fabricated, procured or a significant increase in the probability or installed. Raceway systems that route Class consequences of an accident previously satisfied. Therefore, the NRC staff 1E circuits will continue to be designated evaluated? proposes to determine that the and designed as Equipment Class C, safety- Response: No. amendment request involves no related, and seismic Category I. The design functions of the nuclear island significant hazards consideration. The proposed changes would not affect any structures are to provide support, protection, Attorney for licensee: M. Stanford safety-related design code, function, design and separation for the seismic Category I Blanton, Balch & Bingham LLP, 1710 analysis, safety analysis input or result, or mechanical and electrical equipment located existing design/safety margin. No safety Sixth Avenue North, Birmingham, AL in the nuclear island. The nuclear island 35203–2015. analysis or design basis acceptance limit/ structures are structurally designed to meet criterion is challenged or exceeded by the seismic Category I requirements as defined in NRC Branch Chief: Jennifer Dixon- requested changes. Regulatory Guide 1.29. Herrity. Therefore the proposed amendment does The change of the thickness of the floor Southern Nuclear Operating Company, not involve a significant reduction in a above the [Component Cooling Water System Inc., Docket Nos. 52–025 and 52–026, margin of safety. (CCS)] Valve Room in the auxiliary building meets criteria and requirements of American Vogtle Electric Generating Plant, Units 3 The NRC staff has reviewed the and 4, Burke County, Georgia licensee’s analysis and, based on this Concrete Institute (ACI) 349 and American Institute of Steel Construction (AISC) N690 Date of amendment request: January review, it appears that the three and does not have an adverse impact on the standards of 10 CFR 50.92(c) are 31, 2017. A publicly-available version is response of the nuclear island structures safe in ADAMS under Accession No. satisfied. Therefore, the NRC staff shutdown earthquake ground motions or proposes to determine that the loads due to anticipated transient or ML17031A446. amendment request involves no postulated accident conditions. The Description of amendment request: significant hazards consideration. proposed changes do not impact the support, The requested amendment proposes to Attorney for licensee: Ms. Kathryn M. design, or operation of mechanical and fluid depart from Tier 2 information in the Sutton, Morgan, Lewis & Bockius LLC, systems. There is no change to plant systems Updated Final Safety Analysis Report or the response of systems to postulated (UFSAR) and to change Combined 1111 Pennsylvania Avenue NW., accident conditions. There is no change to Washington, DC, 20004–2514. License Appendix A, Technical the predicted radioactive releases due to Specifications (TS), to modify NRC Branch Chief: Jennifer Dixon- normal operation or postulated accident Herrity. conditions. The plant response to previously engineered safety features logic for containment vacuum relief actuation. Southern Nuclear Operating Company, evaluated accidents or external events is not adversely affected, nor does the change Basis for proposed no significant Inc., Docket Nos. 52–025 and 52–026, described create any new accident hazards consideration determination: Vogtle Electric Generating Plant (VEGP), precursors. As required by 10 CFR 50.91(a), the Units 3 and 4, Burke County, Georgia Therefore, the proposed amendment does licensee has provided its analysis of the Date of amendment request: August not involve a significant increase in the issue of no significant hazards 30, 2016. A publicly-available version is probability or consequences of an accident consideration, which is presented previously evaluated. below: in ADAMS under Accession No. 2. Does the proposed amendment create ML16243A373. the possibility of a new or different kind of 1. Does the proposed amendment involve Description of amendment request: accident from any accident previously a significant increase in the probability or The amendment request proposes a evaluated? consequences of an accident previously change to Updated Final Safety Analysis Response: No. evaluated?

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Response: No. Response: No. consequences of an accident previously The proposed changes to the UFSAR and The changes to the UFSAR and TS to evaluated? TS will include the Containment Pressure— include the Containment Pressure—Low Response: No. Low automatic reset function for the automatic reset function for the containment The proposed non-technical change to COL containment vacuum relief valves manual vacuum relief valves manual initiation logic Appendix C will consolidate, relocate and initiation logic, such that the containment will maintain the Engineered Safety Features subsume redundant ITAAC in order to vacuum relief manual actuation will be Actuation System and Plant Safety and improve and create a more efficient process automatically reset when the containment Monitoring System in accordance with the for the ITAAC Closure Notification pressure rises above the Containment design objectives as licensed. The changes to submittals. No structure, system, or Pressure—Low setpoint. This reset allows a the manual initiation logic do not adversely component (SSC) design or function is containment isolation signal to close the interface with any safety-related equipment affected. No design or safety analysis is valves when necessary. The Containment or adversely affect any safety-related affected. The proposed changes do not affect Pressure—Low signal is an interlock for the function. The changes to the containment any accident initiating event or component containment vacuum relief manual actuation vacuum relief manual initiation logic failure, thus the probabilities of the accidents such that the valves cannot be opened unless continue to comply with existing design previously evaluated are not affected. No the Containment Pressure—Low setpoint has codes and regulatory criteria, and do not function used to mitigate a radioactive been reached in any two-out-of-four involve a significant reduction in the margin material release and no radioactive material divisions. The modified logic will ensure that of safety. release source term is involved, thus the the automatic initiation of containment Therefore, the proposed amendment does radiological releases in the accident analyses isolation is made available following manual not involve a significant reduction in a are not affected. initiation of containment vacuum relief margin of safety. Therefore, the proposed amendment does actuation. The analyzed design and function not involve a significant increase in the of the Engineered Safety Features Actuation The NRC staff has reviewed the probability or consequences of an accident System and its actuated components is not licensee’s analysis and, based on this previously evaluated. affected. The proposed changes do not review, it appears that the three 2. Does the proposed amendment create adversely affect any safety-related equipment standards of 10 CFR 50.92(c) are and does not involve any accident, initiating the possibility of a new or different kind of event, or component failure, thus the satisfied. Therefore, the NRC staff accident from any accident previously probabilities of accidents previously proposes to determine that the evaluated? evaluated are not affected. The proposed amendment request involves no Response: No. changes do not adversely interface with or significant hazards consideration. The proposed change to COL Appendix C adversely affect any system containing Attorney for licensee: Mr. M. Stanford does not affect the design or function of any radioactivity or affect any radiological Blanton, Balch & Bingham LLP, 1710 SSC, but will consolidate, relocate and material release source term; thus the subsume redundant ITAAC in order to Sixth Avenue North Birmingham, AL improve efficiency of the ITAAC completion radiological releases in an accident are not 35203–2015. affected. and closure process. The proposed changes Therefore, the proposed amendment does NRC Branch Chief: Jennifer Dixon- would not introduce a new failure mode, not involve a significant increase in the Herrity. fault or sequence of events that could result probability or consequences of an accident in a radioactive material release. Southern Nuclear Operating Company, Therefore, the proposed amendment does previously evaluated. Docket Nos. 52–025 and 52–026, Vogtle 2. Does the proposed amendment create not create the possibility of a new or different the possibility of a new or different kind of Electric Generating Plant, Units 3 and 4, kind of accident from any accident accident from any accident previously Burke County, Georgia previously evaluated. evaluated? Date of amendment request: March 2, 3. Does the proposed amendment involve a significant reduction in a margin of safety? Response: No. 2017. A publicly-available version is in The changes to the UFSAR and TS to Response: No. include the Containment Pressure—Low ADAMS under Accession No. The proposed change to COL Appendix C manual actuation interlock and automatic ML17061A747. to consolidate, relocate and subsume reset function for the containment vacuum Description of amendment request: redundant ITAAC in order to improve relief valves manual initiation logic will The requested amendment consist of efficiency of the ITAAC completion and maintain the Engineered Safety Features changes to Inspections, Tests, Analyses, closure process is considered non-technical Actuation System and Plant Safety and and Acceptance Criteria (ITAAC) in and would not affect any design parameter, Monitoring System in accordance with the combined license (COL) Appendix C, function or analysis. There would be no design objectives as licensed. The design of with corresponding changes to the change to an existing design basis, design the Class 1E Containment Pressure—Low associated plant-specific Tier 1 function, regulatory criterion, or analysis. No manual actuation interlock and automatic safety analysis or design basis acceptance reset function is required to meet the information, to consolidate a number of limit/criterion is involved. licensing basis for the Engineered Safety ITAAC to improve efficiency of the Therefore, the proposed amendment does Features Actuation System and Plant Safety ITAAC completion and closure process. not involve a significant reduction in a and Monitoring System. The changes to the Pursuant to the provisions of 10 CFR margin of safety. manual initiation logic do not adversely 52.63(b)(1), an exemption from elements affect the function of any safety-related of the design as certified in the 10 CFR The NRC staff has reviewed the structure, system, or component, and thus part 52, Appendix D, design licensee’s analysis and, based on this does not introduce a new failure mode. The certification rule is also requested for review, it appears that the three changes to the containment vacuum relief standards of 10 CFR 50.92(c) are valves manual initiation logic do not the plant-specific Design Control Document Tier 1 material departures. satisfied. Therefore, the NRC staff adversely interface with any safety-related proposes to determine that the equipment or any equipment associated with Basis for proposed no significant radioactive material and, thus, do not create hazards consideration determination: amendment request involves no a new fault or sequence of events that could As required by 10 CFR 50.91(a), the significant hazards consideration. result in a new or different kind of accident. licensee has provided its analysis of the Attorney for licensee: M. Stanford Therefore, the proposed amendment does issue of no significant hazards Blanton, Balch & Bingham LLP, 1710 not create the possibility of a new or different consideration, which is presented Sixth Avenue North, Birmingham, AL kind of accident from any accident 35203–2015. previously evaluated. below: 3. Does the proposed amendment involve 1. Does the proposed amendment involve NRC Branch Chief: Jennifer Dixon- a significant reduction in a margin of safety? a significant increase in the probability or Herrity.

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Southern Nuclear Operating Company, the venting path definition for PXS Valve/ version is in ADAMS under Accession Docket Nos. 52–025 and 52–026, Vogtle Accumulator Room B (Room 11207) will No. ML16356A673. Electric Generating Plant, Units 3 and 4, maintain the beyond design basis function of Description of amendment request: Burke County, Georgia the hydrogen ignition subsystem. The The amendment would revise the hydrogen venting changes do not impact the containment ice mass limits in WBN, Date of amendment request: February hydrogen ignition subsystem’s function to Unit 2, Technical Specification (TS) 22, 2017. A publicly-available version is maintain containment integrity during Surveillance Requirements (SRs) in ADAMS under Accession No. beyond design basis accident conditions, 3.6.11.2 and 3.6.11.3 to be identical to ML17053A425. and, thus does not introduce any new failure mode. The proposed changes do not create a the ice mass limits in the WBN, Unit 1, Description of amendment request: new fault or sequence of events that could TS SRs 3.6.11.2 and 3.6.11.3. The amendment request proposes to result in a radioactive release. The proposed Basis for proposed no significant revise the licensing basis information to changes would not affect any safety-related hazards consideration determination: reflect changes to the locations of the accident mitigating function. As required by 10 CFR 50.91(a), the hydrogen venting primary openings in Therefore, the proposed amendment does licensee has provided its analysis of the the passive core cooling system (PXS) not create the possibility of a new or different kind of accident. issue of no significant hazards valve/accumulator rooms inside consideration, which is presented containment. Because, this proposed 3. Does the proposed amendment involve a significant reduction in a margin of safety? below: change requires a departure from Tier 1 Response: No. information in the Westinghouse 1. Does the proposed amendment involve The proposed revision to the hydrogen a significant increase in the probability or Electric Company’s AP1000 Design venting for the Passive Core Cooling System consequences of an accident previously Control Document (DCD), the licensee (PXS) Valve/Accumulator Room A (Room evaluated? also requested an exemption from the 11206) and clarification of the venting path Response: No. requirements of the Generic DCD Tier 1 definition for PXS Valve/Accumulator Room The primary purpose of the ice bed is to in accordance with 10 CFR 52.63(b)(1). B (Room 11207) will maintain the beyond provide a large heat sink to limit peak Basis for proposed no significant design basis function of the hydrogen containment pressure in the event of a ignition subsystem. The proposed changes do release of energy from a design basis LOCA hazards consideration determination: not have any effect on the ability of safety- As required by 10 CFR 50.91(a), the [loss-of-coolant accident] or high energy line related structures, systems, or components to break (HELB) in containment. The LOCA licensee has provided its analysis of the perform their beyond design basis functions. requires the greatest amount of ice compared issue of no significant hazards The proposed changes are a result of a low to other accident scenarios; therefore, the consideration, which is presented probability, severe accident scenario being reduction in ice weight is based on the LOCA below: evaluated. The revision to this scenario does analysis. The amount of ice in the bed has 1. Does the proposed amendment involve not result in an increase in the plant risk no impact on the initiation of an accident, a significant increase in the probability or (frequency and/or consequences). The but rather on the mitigation of the accident. consequences of an accident previously frequency is low and there is no increase to The containment integrity analysis shows evaluated? the consequences because containment that the proposed reduced ice weight is Response: No. integrity is maintained and there is no sufficient to maintain the peak containment The proposed revision to the hydrogen containment leakage. There is no change to pressure below the containment design venting for the Passive Core Cooling System the maximum allowed containment leakage pressure, and that the containment heat (PXS) Valve/Accumulator Room A (Room rate (0.10% of containment air weight per removal systems function to rapidly reduce 11206) and clarification of the venting path day) for the containment vessel. The the containment pressure and temperature in definition for PXS Valve/Accumulator Room proposed changes do not affect the ability of the event of a LOCA. Therefore, containment B (Room 11207) do not affect any safety- the hydrogen igniter subsystem to maintain integrity is maintained and the consequences related equipment or function. The hydrogen containment integrity following a beyond of an accident previously evaluated in the ignition subsystem, including designed design basis accident. The hydrogen igniter WBN dual-unit Updated Final Safety hydrogen venting features, is designed to subsystem continues to meet the Analysis Report (UFSAR) are not mitigate beyond design basis hydrogen requirements for which it was designed and significantly increased. Therefore, the generation in the containment. The hydrogen continues to meet the regulations. proposed change does not involve a venting changes do not involve any accident, Therefore, the proposed amendment does significant increase in the probability or initiating event or component failure; thus, not involve a significant reduction in a consequences of an accident previously evaluated. the probabilities of the accidents previously margin of safety. 2. Does the proposed amendment create evaluated are not affected. The modified The NRC staff has reviewed the the possibility of a new or different kind of venting locations and definitions will licensee’s analysis and, based on this accident from any accident previously maintain the hydrogen ignition subsystem review, it appears that the three evaluated? designed and analyzed beyond design basis standards of 10 CFR 50.92(c) are Response: No. function to maintain containment integrity. satisfied. Therefore, the NRC staff The ice condenser serves to limit the peak The maximum allowable containment pressure inside containment following a leakage rate specified in the Technical proposes to determine that the amendment request involves no LOCA. TVA has evaluated the revised Specifications is unchanged, and radiological containment pressure analysis and material release source terms are not affected; significant hazards consideration. determined that sufficient ice would be thus, the radiological releases in the accident Attorney for licensee: Mr. M. Stanford present to maintain the peak containment analyses are not affected. Blanton, Balch & Bingham LLP, 1710 pressure below the containment design Therefore, the proposed amendment does Sixth Avenue North, Birmingham, AL pressure. Therefore, the reduced ice weight not involve a significant increase in the 35203–2015. does not create the possibility of an accident probability or consequences of an accident NRC Branch Chief: Jennifer Dixon- that is different than any already evaluated previously evaluated. Herrity. in the WBN dual-unit UFSAR. No new 2. Does the proposed amendment create accident scenarios, failure mechanisms, or the possibility of a new or different kind of Tennessee Valley Authority (TVA), limiting single failures are introduced as a accident from any accident previously Docket No. 50–391, Watts Bar Nuclear result of this proposed change. evaluated? Plant (WBN), Unit 2, Rhea County, 3. Does the proposed amendment involve Response: No. Tennessee a significant reduction in a margin of safety? The proposed revision to the hydrogen Response: No. venting for the PXS Valve/Accumulator Date of amendment request: The proposed TS ice weight SR limit is Room A (Room 11206) and clarification of December 21, 2016. A publicly-available based on the conservatism of the WBN Unit

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1 WCOBRA/TRAC LOCA M&E [mass and Tennessee Valley Authority, Docket No. Assessment as indicated. All of these energy] methodology in comparison to the 50–391 Watts Bar Nuclear Plant, Unit 2, items can be accessed as described in WBN Unit 2 operating conditions. The WBN Rhea County, Tennessee the ‘‘Obtaining Information and Unit 1 WCOBRA/TRAC LOCA M&E Date of amendment request: Submitting Comments’’ section of this methodology is modeled on the WBN Unit 1 document. RSGs [replacement steam generators], which November 14, 2016. A publicly- have a greater mass, volume, and stored available version is in ADAMS under DTE Electric Company, Docket No. 50– metal energy than the WBN Unit 2 original Accession No. ML16320A161. 341, Fermi 2, Monroe County, Michigan model D3 SGs [steam generators]. Brief description of amendment Date of amendment request: March Additionally, the containment pressure request: The proposed amendment 22, 2016, as supplemented by letter calculations in Section 6.2.1.3.3 of the WBN would revise the Watts Bar Nuclear dated August 11, 2016. Unit 1 portion of the WBN dual-unit UFSAR Plant, Unit 2, Cyber Security Plan Brief description of amendment: The state that the analytical limit for the mass of Implementation Schedule for Milestone amendment revised Technical ice assumed in the WBN Unit 1 ice 8 and would revise the associated Specification (TS) 5.5.12, ‘‘Primary condenser, in order to limit the maximum license condition in the Facility Containment Leakage Rate Testing containment peak pressure from a LOCA to Operating License. Program,’’ for the permanent extension below the containment design pressure, is Date of publication of individual of the Type A test interval up to one test 2,260,000 lb. The proposed revised TS SR ice notice in Federal Register: January 5, in 15 years, as stipulated in Nuclear mass limit of 2,404,500 lb [pound] includes 2017 (82 FR 1370). Energy Institute (NEI) 94–01, Revision additional ice mass to conservatively bound Expiration date of individual notice: 2–A, ‘‘Industry Guideline for ice bed sublimation effects. Based on TVA’s February 6, 2017 (public comments); Implementing Performance-Based evaluation and the revised containment March 6, 2017 (hearing requests). Option of 10 CFR part 50, Appendix J,’’ analysis, TVA considers the reduction of the IV. Notice of Issuance of Amendments October 2008 (ADAMS Accession No. ice mass limit to be acceptable for satisfying to Facility Operating Licenses and ML100620847). The license amendment the safety function of the ice condenser for Combined Licenses request also proposes to increase the the current SR interval. Therefore, the containment isolation valves leakage proposed change does not involve a During the period since publication of test intervals (i.e., Type C tests) from significant reduction in the margin of safety. the last biweekly notice, the their current 60 months to 75 months by Commission has issued the following replacing TS 5.5.12.a. reference to The NRC staff has reviewed the amendments. The Commission has licensee’s analysis and, based on this Regulatory Guide 1.163, ‘‘Performance- determined for each of these Based Containment Leak-Test Program’’ review, it appears that the three amendments that the application standards of 10 CFR 50.92(c) are (ADAMS Accession No. ML003740058), complies with the standards and with a reference to NEI 94–01, Revision satisfied. Therefore, the NRC staff requirements of the Atomic Energy Act proposes to determine that the 3–A (ADAMS Accession No. of 1954, as amended (the Act), and the ML12221A202), and the conditions and amendment request involves no Commission’s rules and regulations. significant hazards consideration. limitations specified in NEI 94–01, The Commission has made appropriate Revision 2–A, to implement the Attorney for licensee: General findings as required by the Act and the performance-based leakage testing Counsel, Tennessee Valley Authority, Commission’s rules and regulations in program in accordance with title 10 of 400 West Summit Hill Drive, 6A West 10 CFR Chapter I, which are set forth in the Code of Federal Regulations part 50, Tower, Knoxville, TN 37902. the license amendment. Appendix J, Option B. The amendment NRC Branch Chief: Benjamin G. A notice of consideration of issuance also deletes from TS 5.5.12, text that Beasley. of amendment to facility operating authorized a one-time extension of the license or combined license, as Type A test interval to 2007 and revised III. Previously Published Notices of applicable, proposed no significant paragraph 2.D of the renewed facility Consideration of Issuance of hazards consideration determination, operating license to reflect removal of a Amendments to Facility Operating and opportunity for a hearing in reference to an exemption from 10 CFR Licenses and Combined Licenses, connection with these actions, was part 50, Appendix J, requirements for Proposed No Significant Hazards published in the Federal Register as testing of containment air locks. Consideration Determination, and indicated. Date of issuance: March 9, 2017. Opportunity for a Hearing Unless otherwise indicated, the Effective date: As of the date of Commission has determined that these issuance and shall be implemented The following notices were previously amendments satisfy the criteria for within 60 days of issuance. published as separate individual categorical exclusion in accordance Amendment No.: 205. A publicly- notices. The notice content was the with 10 CFR 51.22. Therefore, pursuant available version is in ADAMS under same as above. They were published as to 10 CFR 51.22(b), no environmental Accession No. ML16351A460; individual notices either because time impact statement or environmental documents related to this amendment did not allow the Commission to wait assessment need be prepared for these are listed in the Safety Evaluation for this biweekly notice or because the amendments. If the Commission has enclosed with the amendment. action involved exigent circumstances. prepared an environmental assessment Renewed Facility Operating License They are repeated here because the under the special circumstances No. NPF–43: Amendment revised the biweekly notice lists all amendments provision in 10 CFR 51.22(b) and has renewed facility operating license and issued or proposed to be issued made a determination based on that TSs. involving no significant hazards assessment, it is so indicated. Date of initial notice in Federal consideration. For further details with respect to the Register: June 7, 2016 (81 FR 36616). For details, see the individual notice action see (1) the applications for The August 11, 2016 supplement in the Federal Register on the day and amendment, (2) the amendment, and (3) provided additional information that page cited. This notice does not extend the Commission’s related letter, Safety clarified the application, did not expand the notice period of the original notice. Evaluation and/or Environmental the scope of the application as originally

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noticed, and did not change the staff’s Amendment Nos.: 293 and 272. A No significant hazards consideration original proposed no significant hazard publicly-available version is in ADAMS comments received: No. consideration determination as under Accession No. ML17003A019; Entergy Operations, Inc., Docket No. 50– published in the Federal Register. documents related to these amendments 313, Arkansas Nuclear One, Unit 1, The Commission’s related evaluation are listed in the Safety Evaluation Pope County, Arkansas of the amendment is contained in a enclosed with the amendments. Safety Evaluation dated March 9, 2017. Renewed Facility Operating License Date of amendment request: March No significant hazards consideration Nos. NPF–9 and NPF–17: Amendments 25, 2016. comments received: No. revised the licenses and technical Brief description of amendment: The amendment deleted Technical Duke Energy Progress, LLC, Docket Nos. specifications. Specification (TS) 5.5.8, ‘‘Inservice 50–325 and 50–324, Brunswick Steam Date of initial notice in Federal Testing Program.’’ A new defined term, Electric Plant, Units 1 and 2, Brunswick Register: July 5, 2016 (81 FR 43649). County, North Carolina The supplemental letter dated June 16, ‘‘Inservice Testing Program,’’ is added to 2016, provided additional information TS Section 1.1, ‘‘Definitions.’’ Also, Date of amendment request: that clarified the application, did not existing uses of the term ‘‘Inservice September 26, 2016. expand the scope of the application as Testing Program’’ in the TSs are Brief description of amendments: The originally noticed, and did not change capitalized throughout to indicate that it amendments revised Technical the staff’s original proposed no is now a defined term. The NRC staff Specification Section 2.1.1.2 to change significant hazards consideration has concluded that the amendment is the minimum critical power ratio safety determination as published in the consistent with Technical Specifications limit. Federal Register. Task Force Traveler TSTF–545, Date of issuance: March 10, 2017. Revision 3, which was made available to Effective date: As of date of issuance The Commission’s related evaluation the TSTF via NRC letter dated December and shall be implemented for Unit 1 of the amendments is contained in a 11, 2015 (ADAMS Accession No. prior to start-up from the 2018 refueling Safety Evaluation dated March 8, 2017. No significant hazards consideration outage (March 2018) and for Unit 2 prior ML15317A071). comments received: No. Date of issuance: March 10, 2017. to start-up from the 2017 refueling Effective date: As of the date of outage. Energy Northwest, Docket No. 50–397, Amendment Nos.: 272 (Unit 1) and issuance and shall be implemented Columbia Generating Station, Benton within 90 days from the date of 300 (Unit 2). A publicly-available County, Washington version is in ADAMS under Accession issuance. Date of application for amendment: Amendment No.: 257. A publicly- No. ML17059D146; documents related May 10, 2016, as supplemented by available version is in ADAMS under to these amendments are listed in the letters dated May 18, 2016, and January Safety Evaluation enclosed with the Accession No. ML16165A423; 31, 2017. amendments. documents related to this amendment Brief description of amendment: The Renewed Facility Operating License are listed in the Safety Evaluation Nos. DPR–71 and DPR–62: Amendments amendment revised the safety function enclosed with the amendment. revised the Renewed Facility Operating lift and lower setpoint tolerances of the Renewed Facility Operating License Licenses and Technical Specifications. safety/relief valves that are listed in No. DPR–51: The amendment revised Date of initial notice in Federal Surveillance Requirements 3.4.3.1 and the Renewed Facility Operating License Register: December 20, 2016 (81 FR 3.4.4.1 of the Technical Specifications. and Technical Specifications. 92866). Date of issuance: March 9, 2017. Date of initial notice in Federal The Commission’s related evaluation Effective date: As of its date of Register: June 7, 2016 (81 FR 36619). of the amendments is contained in a issuance and shall be implemented The Commission’s related evaluation Safety Evaluation dated March 10, 2017. within 60 days from the date of of the amendment is contained in a No significant hazards consideration issuance. Safety Evaluation dated March 10, 2017. comments received: No. Amendment No.: 240. A publicly- No significant hazards consideration available version is in ADAMS under comments received: No. Duke Energy Carolinas, LLC, Docket Accession No. ML17052A125; Nos. 50–369 and 50–370, McGuire documents related to this amendment Exelon Generation Company, LLC, Nuclear Station, Units 1 and 2, are listed in the Safety Evaluation Docket Nos. 50–352 and 50–353, Mecklenburg County, North Carolina enclosed with the amendment. Limerick Generating Station, Units 1 and 2, Montgomery County, Date of application for amendments: Renewed Facility Operating License Pennsylvania May 5, 2016, as supplemented by letter No. NPF–21: The amendment revised dated June 16, 2016. the Renewed Facility Operating License Date of amendment request: April 4, Brief description of amendments: The and Technical Specifications. 2016. amendments would modify the McGuire Date of initial notice in Federal Brief description of amendments: The Nuclear Station, Units 1 and 2, Register: July 19, 2016 (81 FR 46961). amendments revised the technical Technical Specifications (TS) by The supplemental letter January 31, specification (TS) requirements for the removing footnote (c) from TS Table 2017, provided additional information high pressure coolant injection (HPCI) 3.3.2–1, ‘‘Engineered Safety Feature that clarified the application, did not and reactor core isolation cooling (RCIC) Actuation System Instrumentation,’’ expand the scope of the application as system actuation instrumentation. which is no longer applicable, and by originally noticed, and did not change Specifically, the amendments add a removing an expired footnote from TS the NRC staff’s original proposed no footnote to the TSs indicating that the 3.8.1, ‘‘AC Sources—Operating.’’ significant hazards consideration injection functions of drywell pressure- Date of issuance: March 8, 2017. determination as published in the high (HPCI only) and manual initiation Effective date: As of its date of Federal Register. (HPCI and RCIC) are not required to be issuance and shall be implemented The Commission’s related evaluation operable under low reactor pressure within 30 days from the date of of the amendment is contained in a conditions. issuance. Safety Evaluation dated March 9, 2017. Date of issuance: February 28, 2017.

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Effective date: As of the date of significant hazards consideration staff’s second proposed NSHC issuance and shall be implemented determination are contained in a Safety determination. within 60 days of issuance. Evaluation dated March 9, 2017. The Commission’s related evaluation Amendment Nos.: 224 (Unit 1) and No significant hazards consideration of the amendment is contained in a 185 (Unit 2). A publicly-available comments received: No. Safety Evaluation dated March 7, 2017. version is in ADAMS under Accession No significant hazards consideration Exelon Generation Company, LLC, comments received: No. No. ML16356A272; documents related Docket No. 50–219, Oyster Creek to these amendments are listed in the Nuclear Generating Station, Ocean Southern Nuclear Operating Company, Safety Evaluation enclosed with the County, New Jersey Inc., Docket Nos. 52–025 and 50–026, amendments. Date amendment request: May 17, Vogtle Electric Generating Plant, Units 3 Renewed Facility Operating License and 4, Burke County, Georgia Nos. NPF–39 and NPF–85: Amendments 2016, as supplemented by letters dated revised the Renewed Facility Operating November 2, 2016, and March 1, 2017. Date of amendment request: June 16, Licenses and TSs. Brief description of amendment: The 2016. Date of initial notice in Federal amendment revised and removed Brief description of amendments: The Register: June 7, 2016 (81 FR 36620). certain requirements from the Section 6, amendments changed Combined The Commission’s related evaluation ‘‘Administrative Controls,’’ portions of License Nos. NPF–91 and NPF–92 for of the amendments is contained in a the Oyster Creek Nuclear Generating the Vogtle Electric Generating Plant Safety Evaluation dated February 28, Station Technical Specifications (TSs) Units 3 and 4. The amendments 2017. that are not applicable to the facility in authorized changes to the Updated Final No significant hazards consideration a permanently defueled condition. In Safety Analysis Report (UFSAR) in the comments received: No. addition, the amendment added form of departures from the definitions to TS Section 1, incorporated plant-specific Design Exelon Generation Company, LLC, ‘‘Definitions.’’ Also, the amendment Control Document Tier 2 information. Docket No. 50–220, Nine Mile Point made additions to, deletions from, and Specifically, the changes to the Nuclear Station, Unit 1, (NMP1), conforming administrative changes to Technical Specifications (TS) and Oswego County, New York the TSs. information in the UFSAR revised the Date of amendment request: January Date of issuance: March 7, 2017. AP1000 protection and safety 3, 2017. Effective date: Effective upon the monitoring system functional logic to Brief description of amendment: The licensee’s submittal of the certifications comply with the requirements on amendment revised the NMP1 licensing required by 10 CFR 50.82(a)(1)(i) and operating bypasses in Clause 6.6, basis related to alternative source term 50.82(a)(1)(ii), and shall be ‘‘Operating Bypasses’’ of the Institute of analysis in the updated final safety implemented within 60 days of the Electrical and Electronics Engineers analysis report (UFSAR) to allow the effective date of the amendment, but (IEEE) Std. 603–1991, ‘‘IEEE Standard use of the release fractions listed in may not exceed March 29, 2020. Criteria for Safety Systems for Nuclear Tables 1 and 3 of NRC Regulatory Guide Amendment No.: 290. A publicly- Power Generating Stations.’’ 1.183, ‘‘Alternative Radiological Source available version is in ADAMS under Date of issuance: February 24, 2017. Terms for Evaluating Design Basis Accession No. ML16235A413; Effective date: As of the date of Accidents at Nuclear Power Reactors,’’ documents related to this amendment issuance and shall be implemented July 2000 (ADAMS Accession No. are listed in the Safety Evaluation within 30 days of issuance. Amendment Nos.: 71/70. A publicly- ML003716792), for partial length fuel enclosed with the amendment. available version is in ADAMS under rods (PLRs) that are operating above the Renewed Facility Operating License Accession No. ML16320A097; peak burnup limit for the remainder of No. DPR–16: Amendment revised the documents related to these amendments the current operating cycle. In addition, Renewed Facility Operating License and are listed in the Safety Evaluation the proposed change revised the NMP1 Technical Specifications. enclosed with the amendments. licensing basis to allow movement of Date of initial notice in Federal Register: July 19, 2016 (81 FR 46963). Facility Operating License Nos. NPF– irradiated fuel bundles containing PLRs 91 and NPF–92: Amendment revised the that have been in operation above On July 19, 2016, the NRC staff published a proposed no significant Facility Combined License and TS. 62,000 megawatt days per metric tons of Federal hazards consideration (NSHC) Date of initial notice in uranium (MWD/MTU). Register: August 16, 2016 (81 FR Date of issuance: March 9, 2017. determination regarding the amendment request in the Federal Register (81 FR 54610). Effective date: As of the date of The Commission’s related evaluation 46963). Subsequently, by letter dated issuance and shall be implemented of the amendment is contained in a November 2, 2016, the licensee within 30 days of issuance. Safety Evaluation dated February 24, Amendment No.: 226. A publicly- provided additional information that 2017. available version is in ADAMS under expanded the scope of the amendment No significant hazards consideration Accession No. ML17055A451; request as originally noticed in the comments received: No. documents related to this amendment Federal Register. Accordingly, the NRC are listed in the Safety Evaluation staff published a second proposed South Carolina Electric & Gas Company, enclosed with the amendment. NSHC determination regarding the South Carolina Public Service Renewed Facility Operating License amendment request in the Federal Authority, Docket No. 50–395, Virgil C. No. DPR–63: Amendment revised the Register on November 22, 2016 (81 FR Summer Nuclear Station, Unit No. 1 licensing basis related to alternative 83876), which superseded the original (VCSNS), Fairfield County, South source term analysis in the UFSAR. Federal Register notice in its entirety. Carolina Date of initial notice in Federal The supplemental letter dated March 1, Date of amendment request: June 30, Register: January 31, 2017 (82 FR 2017, provided additional information 2016, as supplemented by letter dated 8871). that clarified the application, did not August 4, 2016. The Commission’s related evaluation expand the scope of the application as Brief description of amendment: This of the amendment and final no noticed, and did not change the NRC amendment revised the date of the

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Cyber Security Plan implementation FOR FURTHER INFORMATION CONTACT: A Analysis schedule for Milestone 8. Milestone 8 copy of this ICR, with applicable Agency: Retirement Operations, requires full implementation of the supporting documentation, may be Retirement Services, Office of Personnel VCSNS Cyber Security Plan. obtained by contacting the Office of Management. Date of issuance: March 9, 2017. Information and Regulatory Affairs, Title: Court Orders Affecting Effective date: As of the date of Office of Management and Budget, 725 Retirement Benefits, 5 CFR Sections issuance and shall be implemented 17th Street NW., Washington, DC 20503, 838.221, Section 838.421 and Section within 60 days of issuance. Attention: Desk Officer for the Office of 838.721. Amendment No.: 208. A publicly- Personnel Management or sent by email OMB: 3206–0204. available version is in ADAMS under to [email protected] or Frequency: On occasion. Accession No. ML17011A050; faxed to (202) 395–6974. Affected Public: Individuals or documents related to this amendment SUPPLEMENTARY INFORMATION: As Households. are listed in the Safety Evaluation required by the Paperwork Reduction Number of Respondents: 19,000. enclosed with the amendment. Act of 1995 (Public Law 104–13, 44 Estimated Time per Respondent: 30 Renewed Facility Operating License U.S.C. chapter 35) as amended by the minutes. No. NPF–12: Amendment revised the Clinger-Cohen Act (Pub. L. 104–106), Total Burden Hours: 9,500 hours. Renewed Facility Operating License. OPM is soliciting comments for this Date of initial notice in Federal U.S. Office of Personnel Management. collection. The information collection Register: October 4, 2016 (81 FR Kathy McGettigan, (OMB No. 3206–0204) was previously 68472). Acting Director. published in the Federal Register on The Commission’s related evaluation [FR Doc. 2017–06029 Filed 3–27–17; 8:45 am] July 21, 2016 at 81 FR 47445 allowing of the amendment is contained in a BILLING CODE 6325–38–P Safety Evaluation dated March 9, 2017. for a 60-day public comment period. No No significant hazards consideration comments were received for this comments received: No. information collection. OFFICE OF PERSONNEL Court Orders Affecting Retirement MANAGEMENT Dated at Rockville, Maryland, this 16th day Benefits, 5 CFR 838.221, 838.421 and of March 2017. 838.721 describe how former spouses Civil Service Retirement System Board For the Nuclear Regulatory Commission. give us written notice of a court order of Actuaries Meeting Kathryn M. Brock, requiring us to pay benefits to the Deputy Director, Division of Operating former spouse. Specific information is AGENCY: Office of Personnel Reactor Licensing, Office of Nuclear Reactor needed before OPM can make court- Management. Regulation. ordered benefit payments. The ACTION: Notice of meeting. [FR Doc. 2017–05990 Filed 3–27–17; 8:45 am] regulations allow us to make a unique BILLING CODE 7590–01–P collection of only the information SUMMARY: The Civil Service Retirement needed for a particular customer case System Board of Actuaries plans to meet and not over-burden our entire customer on Thursday, June 1, 2017. The meeting OFFICE OF PERSONNEL base by making a generic information will start at 10:00 a.m. EDT and will be MANAGEMENT collection request (ICR) that requires the held at the U.S. Office of Personnel former spouse (or their representative) Management (OPM), 1900 E Street NW., Submission for Review: Court Orders to possibly review and complete Room 1350, Washington, DC 20415. Affecting Retirement Benefits information that we may already have FOR FURTHER INFORMATION CONTACT: Gregory Kissel, Senior Actuary for AGENCY: U.S. Office of Personnel access to. Retirement Programs, U.S. Office of Management. The purpose of this notice is to allow an additional 30 days for public Personnel Management, 1900 E Street ACTION: 30-day notice and request for comments. The Office of Management NW., Room 4316, Washington, DC comments. and Budget is particularly interested in 20415. Phone (202) 606–0722 or email SUMMARY: The Retirement Services, comments that: at [email protected]. Office of Personnel Management (OPM) 1. Evaluate whether the proposed SUPPLEMENTARY INFORMATION: The offers the general public and other collection of information is necessary purpose of the meeting is for the Board Federal agencies the opportunity to for the proper performance of functions to review the actuarial methods and comment on an extension, without of OPM, including whether the assumptions used in the valuations of change, of a currently approved information will have practical utility; the Civil Service Retirement and information collection request (ICR), 2. Evaluate the accuracy of OPM’s Disability Fund (CSRDF). Court Orders Affecting Retirement estimate of the burden of the proposed The agenda is as follows: Benefits. collection of Information, including the 1. Summary of recent and proposed validity of the methodology and legislation and regulations DATES: Comments are encouraged and assumptions used; 2. Review of actuarial assumptions: will be accepted until April 27, 2017. 3. Enhance the quality, utility, and a. Demographic Assumptions ADDRESSES: Interested persons are clarity of the information to be b. Economic Assumptions invited to submit written comments on collected; and 3. CSRDF Annual Report the proposed information collection to 4. Minimize the burden of the Persons desiring to attend this Office of Information and Regulatory collection of information on those who meeting of the Civil Service Retirement Affairs, Office of Management and are to respond, including through the System Board of Actuaries, or to make Budget, 725 17th Street NW., use of appropriate automated, a statement for consideration at the Washington, DC 20503, Attention: Desk electronic, mechanical, or other meeting, should contact OPM at least 5 Officer for the Office of Personnel technological collection techniques or business days in advance of the meeting Management or sent by email to oira_ other forms of information technology, date at the address shown below. The [email protected] or faxed to e.g., permitting electronic submissions manner and time for any material (202) 395–6974. of responses. presented to the Board may be limited.

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For the Board of Actuaries. SECURITIES AND EXCHANGE (a)–(m) No change. Kathleen M. McGettigan, COMMISSION ... Interpretations and Policies: .01–.06 No change. Acting Director. [Release No. 34–80298; File No. SR–C2– .07 Complex Orders and Stock-Option [FR Doc. 2017–06028 Filed 3–27–17; 8:45 am] 2017–011] Orders: BILLING CODE 6325–63–P (a) If a complex order executes against Self-Regulatory Organizations; C2 individual legs and at least one of the legs Options Exchange, Incorporated; qualifies as an Obvious Error under Notice of Filing and Immediate paragraph (c)(1) or a Catastrophic Error SECURITIES AND EXCHANGE Effectiveness of a Proposed Rule under paragraph (d)(1), then the leg(s) that is Change Related to Rule 6.15 an Obvious or Catastrophic Error will be COMMISSION adjusted in accordance with paragraphs March 22, 2017. (c)(4)(A) or (d)(3), respectively, regardless of Sunshine Act Meeting Pursuant to Section 19(b)(1) of the whether one of the parties is a Customer. Securities Exchange Act of 1934 (the However, any Customer order subject to this Notice is hereby given, pursuant to ‘‘Act’’),1 and Rule 19b–4 thereunder,2 paragraph (a) will be nullified if the the provisions of the Government in the notice is hereby given that on March 15, adjustment would result in an execution price higher (for buy transactions) or lower Sunshine Act, Public Law 94–409, that 2017, C2 Options Exchange, the Securities and Exchange (for sell transactions) than the Customer’s Incorporated (the ‘‘Exchange’’ or ‘‘C2’’) limit price on the complex order or Commission will hold a closed meeting filed with the Securities and Exchange individual leg(s). If any leg of a complex on Thursday, March 30, 2017 at 11 a.m. Commission (the ‘‘Commission’’) the order is nullified, the entire transaction is Commissioners, Counsel to the proposed rule change as described in nullified. Commissioners, the Secretary to the Items I and II below, which Items have (b) If a complex order executes against Commission, and recording secretaries been prepared by the Exchange. The another complex order and at least one of the legs qualifies as an Obvious Error under will attend the closed meeting. Certain Exchange filed the proposal as a ‘‘non- controversial’’ proposed rule change paragraph (c)(1) or a Catastrophic Error staff members who have an interest in under paragraph (d)(1), then the leg(s) that is the matters also may be present. pursuant to Section 19(b)(3)(A)(iii) of an Obvious or Catastrophic Error will be the Act 3 and Rule 19b–4(f)(6) The General Counsel of the adjusted or busted in accordance with thereunder.4 The Commission is paragraph (c)(4) or (d)(3), respectively, so Commission, or her designee, has publishing this notice to solicit long as either: (i) the width of the National certified that, in her opinion, one or comments on the proposed rule change Spread Market for the complex order strategy more of the exemptions set forth in 5 from interested persons. just prior to the erroneous transaction was U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) equal to or greater than the amount set forth and 17 CFR 200.402(a)(3), (a)(5), (a)(7), I. Self-Regulatory Organization’s in the wide quote table of paragraph (b)(3) or (a)(9)(ii) and (a)(10), permit Statement of the Terms of Substance of (ii) the net execution price of the complex the Proposed Rule Change order is higher (lower) than the offer (bid) of consideration of the scheduled matter at The Exchange seeks to amend Rule the National Spread Market for the complex the closed meeting. order strategy just prior to the erroneous 6.15. The text of the proposed rule Acting Chairman Piwowar, as duty transaction by an amount equal to at least change is provided below, (additions are officer, voted to consider the items the amount shown in the table in paragraph in italics; deletions are [bracketed]) listed for the closed meeting in closed (c)(1). If any leg of a complex order is * * * * * nullified, the entire transaction is nullified. session. For purposes of Rule 6.15, the National The subject matter of the closed C2 Options Exchange, Incorporated Spread Market for a complex order strategy meeting will be: Rules is determined by the National Best Bid/Offer of the individual legs of the strategy. Institution and settlement of Rule 6.15. Nullification and Adjustment of (c) If the option leg of a stock-option order injunctive actions; Options Transactions including Obvious qualifies as an Obvious Error under Errors Institution and settlement of paragraph (c)(1) or a Catastrophic Error administrative proceedings; The Exchange may nullify a transaction or under paragraph (d)(1), then the option leg adjust the execution price of a transaction in that is an Obvious or Catastrophic Error will Adjudicatory matters; and accordance with this Rule. However, the be adjusted in accordance with paragraph Other matters relating to enforcement determination as to whether a trade was (c)(4)(A) or (d)(3), respectively, regardless of executed at an erroneous price may be made whether one of the parties is a Customer. proceedings. by mutual agreement of the affected parties However, the option leg of any Customer At times, changes in Commission to a particular transaction. A trade may be order subject to this paragraph (c) will be priorities require alterations in the nullified or adjusted on the terms that all nullified if the adjustment would result in an scheduling of meeting items. parties to a particular transaction agree, execution price higher (for buy transactions) provided, however, that such agreement to or lower (for sell transactions) than the For further information and to nullify or adjust must be conveyed to the Customer’s limit price on the stock-option ascertain what, if any, matters have been Exchange in a manner prescribed by the order, and the Exchange will attempt to added, deleted or postponed; please Exchange prior to 7:30 a.m. Central Time on nullify the stock leg. Whenever a stock the first trading day following execution. It trading venue nullifies the stock leg of a contact Brent J. Fields from the Office of is considered conduct inconsistent with just the Secretary at (202) 551–5400. stock-option order or whenever the stock leg and equitable principles of trade for any cannot be executed, the Exchange will nullify Dated: March 23, 2017. participant to use the mutual adjustment the option leg upon request of one of the process to circumvent any applicable Brent J. Fields, parties to the transaction or in accordance Exchange rule, the Act or any of the rules and with paragraph (c)(3). Secretary. regulations thereunder. * * * * * [FR Doc. 2017–06152 Filed 3–24–17; 11:15 am] 1 The text of the proposed rule change BILLING CODE 8011–01–P 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. is also available on the Exchange’s Web 3 15 U.S.C. 78s(b)(3)(A)(iii). site (http://www.cboe.com/AboutCBOE/ 4 17 CFR 240.19b–4(f)(6). CBOELegalRegulatoryHome.aspx), at

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the Exchange’s Office of the Secretary, undertaken is to further harmonize rules are generally also executed to hedge a and at the Commission’s Public related to the adjustment and market participant’s risk. This pairing of Reference Room. nullification of erroneous options open interest with hedging interest transactions. As described below, the II. Self-Regulatory Organization’s differentiates the options market Statement of the Purpose of, and Exchange believes that the changes the specifically (and the derivatives markets Statutory Basis for, the Proposed Rule options exchanges and the Exchange broadly) from the cash equities markets. Change have agreed to propose will provide In turn, the Exchange believes that the transparency and finality with respect to hedging transactions engaged in by In its filing with the Commission, the the adjustment and nullification of market participants necessitates Exchange included statements erroneous complex order and stock- protection of transactions through concerning the purpose of and basis for option order transactions. Particularly, adjustments rather than nullifications the proposed rule change and discussed the proposed changes seek to achieve when possible and otherwise any comments it received on the consistent results for participants across appropriate. proposed rule change. The text of these U.S. options exchanges while statements may be examined at the The options markets are also quote maintaining a fair and orderly market, driven markets dependent on liquidity places specified in Item IV below. The protecting investors and protecting the providers to an even greater extent than Exchange has prepared summaries, set public interest. equities markets. In contrast to the forth in sections A, B, and C below, of The Proposed Rule is the culmination approximately 7,000 different securities the most significant aspects of such of this coordinated effort and reflects traded in the U.S. equities markets each statements. discussions by the options exchanges day, there are more than 500,000 whereby the exchanges that offer A. Self-Regulatory Organization’s unique, regularly quoted option series. Statement of the Purpose of, and the complex orders and/or stock-option orders will universally adopt new Given this breadth in options series the Statutory Basis for, the Proposed Rule options markets are more dependent on Change provisions that the options exchanges collectively believe will improve the liquidity providers than equities 1. Purpose handling of erroneous options markets; such liquidity is provided most The Exchange proposes to amend C2 transactions that result from the commonly by registered market makers Rule 6.15 to add Interpretation and execution of complex orders and stock- but also by other professional traders. Policy .07. This filing is based on a option orders.8 With the number of instruments in proposal recently submitted by Chicago The Exchange believes that the which registered market makers must Board Options Exchange, Incorporated Proposed Rule supports an approach quote and the risk attendant with (‘‘CBOE’’) and approved by the consistent with long-standing principles quoting so many products Securities and Exchange Commission in the options industry under which the simultaneously, the Exchange believes (the ‘‘Commission’’).5 general policy is to adjust rather than that those liquidity providers should be In 2015, the Exchange and other nullify transactions. The Exchange afforded a greater level of protection. In options exchanges adopted a new, acknowledges that adjustment of particular, the Exchange believes that harmonized rule related to the transactions is contrary to the operation liquidity providers should be allowed adjustment and nullification of of analogous rules applicable to the protection of their trades given the fact erroneous options transactions, equities markets, where erroneous that they typically engage in hedging including a specific provision related to transactions are typically nullified activity to protect them from significant coordination in connection with large- rather than adjusted and where there is financial risk to encourage continued scale events involving erroneous no distinction between the types of liquidity provision and maintenance of options transactions.6 The Exchange market participants involved in a the quote-driven options markets. believes that the changes the options transaction. For the reasons set forth In addition to the factors described exchanges implemented with the new, below, the Exchange believes that the above, there are other fundamental harmonized rule have led to increased distinctions in market structure between differences between options and transparency and finality with respect to equities and options markets continue equities markets which lend themselves the adjustment and nullification of to support these distinctions between to different treatment of different classes erroneous options transactions. the rules for handling obvious errors in of participants that are reflected in this However, as part of the initial initiative, the equities and options markets. proposal. For example, there is no trade the Exchange and other options Various general structural differences reporting facility in the options markets. exchanges deferred a few specific between the options and equities Thus, all transactions must occur on an matters for further discussion. markets point toward the need for a options exchange. This leads to Specifically, the options exchanges different balancing of risks for options have been working together to identify significantly greater retail customer market participants and are reflected in participation directly on exchanges than ways to improve the process related to this proposal. Option pricing is the adjustment and nullification of in the equities markets, where a formulaic and is tied to the price of the significant amount of retail customer erroneous options transactions as it underlying stock, the volatility of the relates to complex orders 7 and stock- participation never reaches the underlying security and other factors. Exchange but is instead executed in off- option orders. The goal of the process Because options market participants can that the options exchanges have exchange venues such as alternative generally create new open interest in trading systems, broker-dealer market response to trading demand, as new 5 See Securities Exchange Act Release 80040 making desks and internalizers. In turn, (February 14, 2017), 82 FR 11248 (February 21, open interest is created, correlated because of such direct retail customer 2017) (Order Approving SR–CBOE–2016–088). trades in the underlying or related series participation, the exchanges have taken 6 See Securities Exchange Act Release 74900 (May steps to afford those retail customers— 8 7, 2015), 80 FR 27392 (May 13, 2015) (SR–C2– An exchange that does not offer complex orders generally Priority Customers—more 2015–012) (the ‘‘Initial Filing’’). and/or stock-option orders will not adopt these new 7 See Rule 6.13(a) (defining complex orders and provisions until such time as the exchange offers favorable treatment in some stock-option orders). complex orders and/or stock-option orders. circumstances.

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Complex Orders and Stock-Option As previously noted, at least one of the Theoretical Price 13 of Leg 1 in order to Orders legs of the complex order must qualify determine if Leg 1 is an obvious error As more fully described below, the as an obvious or catastrophic error under paragraph (c)(1) of the Current Proposed Rule applies much of the under the Current Rule in order for the Rule or a catastrophic error under Current Rule to complex orders and complex order to receive obvious or paragraph (d)(1) of the Current Rule. stock-option orders.9 The Proposed Rule catastrophic error relief. Thus, when the The same goes for Leg 2. The execution deviates from the Current Rule only to Exchange is notified (within the price of Leg 2 is compared to the account for the unique qualities of timeframes set forth in paragraph (c)(2) Theoretical Price of Leg 2. If it is complex orders and stock-option orders. or (d)(2)) of a complex order that is a determined that one or both of the legs The Proposed Rule reflects the fact that possible obvious error or catastrophic are an obvious or catastrophic error, complex orders can execute against error, the Exchange will first review the then the leg (or legs) that is an obvious other complex orders or can execute individual legs of the complex order to or catastrophic error will be adjusted in against individual simple orders in the determine if one or more legs qualify as accordance with paragraphs (c)(4)(A) or leg markets. When a complex order an obvious or catastrophic error.11 If no (d)(3) of the Current Rule, regardless of executes against the leg markets there leg qualifies as an obvious or whether one of the parties is a 14 may be different counterparties on each catastrophic error, the transaction Customer. Although a single-legged leg of the complex order, and not every stands—no adjustment and no execution that is deemed to be an leg will necessarily be executed at an nullification. obvious error under the Current Rule is nullified whenever a Customer is erroneous price. With regards to stock- Reviewing the legs to determine option orders, the Proposed Rule involved in the transaction, the whether one or more legs qualify as an Exchange believes adjusting execution reflects the fact that stock-option orders obvious or catastrophic error requires contain a stock component that is prices is generally better for the the Exchange to follow the Current Rule. marketplace than nullifying executions executed on a stock trading venue, and In accordance with paragraphs (c)(1) the Exchange may not be able to ensure because liquidity providers often and (d)(1) of the Current Rule, the execute hedging transactions to offset that the stock trading venue will adjust Exchange compares the execution price or nullify the stock execution in the options positions. When an options of each individual leg to the Theoretical transaction is nullified the hedging event of an obvious or catastrophic Price of each leg (as determined by error. In order to apply the Current Rule position can adversely affect the paragraph (b) of the Current Rule). If the liquidity provider. With regards to and account for the unique execution price of an individual leg is characteristics of complex orders and complex orders that execute against higher or lower than the Theoretical individual legs, the additional rationale stock-option orders, proposed Price for the series by an amount equal Interpretation and Policy .07 is split into for adjusting erroneous execution prices to at least the amount shown in the three parts—paragraphs (a), (b), and (c). when possible is the fact that the obvious error table in paragraph (c)(1) of First, proposed Interpretation and counterparty on a leg that is not Policy .07(a) governs the review of the Current rule or the catastrophic error executed at an obvious or catastrophic complex orders that are executed table in paragraph (d)(1) of the Current error price cannot look at the execution against individual legs (as opposed to a Rule, the individual leg qualifies as an price to determine whether the complex order that executes against obvious or catastrophic error, and the execution may later be nullified (as 10 Exchange will take steps to adjust or opposed to the counterparty on single- another complex order). Proposed 12 Rule 6.15.07(a) provides: nullify the transaction. legged order that is executed at an To illustrate, consider a Customer obvious error or catastrophic error If a complex order executes against price). individual legs and at least one of the legs submits a complex order to the qualifies as an Obvious Error under Exchange consisting of leg 1 and leg 2— Paragraph (c)(4)(A) of the Current paragraph (c)(1) or a Catastrophic Error under Leg 1 is to buy 100 ABC calls and leg Rule mandates that if it is determined paragraph (d)(1), then the leg(s) that is an 2 is to sell 100 ABC puts. Also, consider that an obvious error has occurred, the Obvious or Catastrophic Error will be that Market-Maker 1 is quoting the ABC execution price of the transaction will adjusted in accordance with paragraphs calls $1.00–1.20 and Market-Maker 2 is be adjusted pursuant to the table set (c)(4)(A) or (d)(3), respectively, regardless of forth in (c)(4)(A). Although for simple whether one of the parties is a Customer. quoting the ABC puts $2.00–2.20. If the complex order executes against the orders paragraph (c)(4)(A) is only However, any Customer order subject to this applicable when no party to the paragraph (a) will be nullified if the quotes of Market-Makers 1 and 2, the adjustment would result in an execution Customer buys the ABC calls for $1.20 transaction is a Customer, for the price higher (for buy transactions) or lower and sells the ABC puts for $2.00. As purposes of complex orders paragraph (for sell transactions) than the Customer’s with the obvious/catastrophic error (a) of Interpretation and Policy .07 will limit price on the complex order or reviews for simple orders, the execution supersede that limitation; therefore, if it individual leg(s). If any leg of a complex price of leg 1 is compared to the is determined that a leg (or legs) of a order is nullified, the entire transaction is complex order is an obvious error, the nullified. 11 leg (or legs) will be adjusted pursuant to Because a complex order can execute against (c)(4)(A), regardless of whether a party 9 In order for a complex order or stock-option the leg market, the Exchange may also be notified order to qualify as an obvious or catastrophic error of a possible obvious or catastrophic error by a to the transaction is a Customer. The at least one of the legs must itself qualify as an counterparty that received an execution in an Size Adjustment Modifier defined in obvious or catastrophic error under the Current individual options series. If upon review of a subparagraph (a)(4) will similarly apply Rule. See Proposed Rule .07(a)–(c). potential obvious error the Exchange determines an individual options series was executed against the (regardless of whether a Customer is on 10 The leg market consists of quotes and/or orders the transaction) by virtue of the in single options series. A complex order may be leg of a complex order or stock-option order, received by the Exchange electronically, and the proposed Rule 6.15.07 will govern. legs of the complex order may have different 12 Only the execution price on the leg (or legs) 13 See Rule 6.15(b) (defining the manner in which counterparties. For example, Market-Maker 1 may that qualifies as an obvious or catastrophic error Theoretical Price is determined). be quoting in ABC calls and Market-Maker 2 may pursuant to any portion of Proposed Rule 6.15.07 14 See Rule 6.15(a)(1) (defining Customer for be quoting in ABC puts. A complex order to buy will be adjusted. The execution price of a leg (or purposes of Rule 6.15 as not including a broker- the ABC calls and puts may execute against the legs) that does not qualify as an obvious or dealer, Professional Customer, or Voluntary quotes of Market-Maker 1 and Market-Maker 2. catastrophic error will not be adjusted. Professional Customer).

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application of paragraph (c)(4)(A).15 The adding $0.15 18 to the Theoretical Price Other than honoring the limit prices Exchange notes that adjusting all market of $1.00. Thus, adjust execution price established for Customer orders, the participants is not unique or novel. for leg 1 would be $1.15. Exchange has proposed to treat When the Exchange determines that a • However, adjusting the execution Customers and non-Customers the same simple order execution is a Catastrophic price of leg 1 to $1.15 violates the limit in the context of the complex orders that Error pursuant to the Current Rule, price of the Customer’s sell order on the trade against the leg market. When paragraph (d)(3) already provides for simple order book for leg 1, which was complex orders trade against the leg adjusting the execution price for all $1.30. market, it is possible that at least some market participants, including • Thus, the entire complex order of the legs will execute at prices that Customers. transaction will be nullified 19 because would not be deemed obvious or Furthermore, as with the Current the limit price of a Customer’s sell order catastrophic errors, which gives the Rule, Proposed Rule 6.15.07(a) provides would be violated by the adjustment.20 counterparty in such situations no protection for Customer orders, stating As the above example demonstrates, indication that the execution will later that where at least one party to a incoming complex orders may execute by adjusted or nullified. The Exchange complex order transaction is a against resting simple orders in the leg believes that treating Customers and Customer, the transaction will be market. If a complex order leg is deemed non-Customers the same in this context nullified if adjustment would result in to be an obvious error, adjusting the will provide additional certainty to non- an execution price higher (for buy execution price of the leg may violate Customers (especially Market-Makers) transactions) or lower (for sell the limit price of the resting order, with respect to their potential exposure transactions) than the Customer’s limit which will result in nullification if the and hedging activities, including price on the complex order or resting order is for a Customer. In comfort that even if a transaction is later individual leg(s). For example, assume contrast, Interpretation and Policy .02 to adjusted, such transaction will not be Customer enters a complex order to buy Rule 6.15 provides that if an adjustment fully nullified. However, as noted leg 1 and leg 2. would result in an execution price that above, under the Proposed Rule where • Assume the NBBO for leg 1 is is higher than an erroneous buy at least one party to the transaction is a $0.20–1.00 and the NBBO for leg 2 is transaction or lower than an erroneous Customer, the trade will be nullified if $0.50–1.00 and that these have been the sell transaction the execution will not the adjustment would result in an 21 NBBOs since the market opened. be adjusted or nullified. If the execution price higher (for buy • A split-second prior to the adjustment of a complex order would transactions) or lower (for sell execution of the complex order a violate the complex order Customer’s transactions) than the Customer’s limit Customer enters a simple order to sell limit price, the transaction will be price on the complex order or the leg 1 options series at $1.30, and the nullified. individual leg(s). The Exchange has simple order enters the Exchange’s book As previously noted, paragraph (d)(3) retained the protection of a Customer’s so that the BBO is $.20–$1.30. The limit of the Current Rule already mandates limit price in order to avoid a situation price on the simple order is $1.30. that if it is determined that a where the adjustment could be to a • The complex order executes leg 1 catastrophic error has occurred, the price that a Customer would not have against the Exchange’s best offer of execution price of the transaction will expected, and market professionals such $1.30 and leg 2 at $1.00 for a net be adjusted pursuant to the table set as non-Customers would be better execution price of $2.30. forth in (d)(3). For purposes of complex prepared to recover in such situations. • However, leg 1 executed on a wide orders under Proposed Rule .07(a), if Therefore, adjustment for non- quote (the NBBO for leg 1 was $0.20– one of the legs of a complex orders is Customers is more appropriate. 1.00 at the time of execution, which is determined to be a Catastrophic Error Second, proposed Interpretation and wider than $0.75).16 Leg 2 was not under paragraph (d)(3), all market Policy .07(b) governs the review of executed on a wide quote (the market participants will be adjusted in complex orders that are executed for leg 2 was $0.50–1.00); thus, leg 2 accordance with the table set forth in against other complex orders. Proposed execution price stands. (d)(3). Again, however, where at least Rule 6.15.07(b) provides: • The Exchange determines that the one party to a complex order transaction is a Customer, the transaction will be If a complex order executes against another Theoretical Price for leg 1 is $1.00, complex order and at least one of the legs which was the best offer prior to the nullified if adjustment would result in qualifies as an Obvious Error under execution. Leg 1 qualifies as an obvious an execution price higher (for buy paragraph (c)(1) or a Catastrophic Error under error because the difference between the transactions) or lower (for sell paragraph (d)(1), then the leg(s) that is an Theoretical Price ($1.00) and the transactions) than the Customer’s limit Obvious or Catastrophic Error will be execution price ($1.30) is larger than price on the complex order or adjusted or busted in accordance with 17 individual leg(s). Again, if any leg of a paragraph (c)(4) or (d)(3), respectively, so $0.25. long as either: (i) The width of the National • According to Proposed Rule complex order is nullified, the entire transaction is nullified. Additionally, as Spread Market for the complex order strategy 6.15.07(a) Customers will also be just prior to the erroneous transaction was adjusted in accordance with Rule is the case today, if an Official equal to or greater than the amount set forth 6.15(c)(4)(A), which for a buy determines that a Catastrophic Error has in the wide quote table of paragraph (b)(3) or transaction under $3.00 calls for the not occurred, the Trading Permit Holder (ii) the net execution price of the complex Theoretical Price to by adjusted by will be subject to a charge of $5,000.22 order is higher (lower) than the offer (bid) of the National Spread Market for the complex 18 order strategy just prior to the erroneous 15 See Rule 6.15(c)(4)(A) (stating that any non- See Rule 6.15(c)(4)(A). Customer Obvious Error exceeding 50 contracts will 19 If any leg of a complex order is nullified, the transaction by an amount equal to at least the be subject to the Size Adjustment Modifier defined entire transaction is nullified. See Proposed Rule amount shown in the table in paragraph in sub-paragraph (a)(4)). The Size Adjustment 6.15.07(a). (c)(1). If any leg of a complex order is Modifier may also apply to the option leg of a stock- 20 The simple order in this example is not an nullified, the entire transaction is nullified. option order that is adjusted pursuant to Proposed erroneous sell transaction because the execution For purposes of Rule 6.15, the National Rule 6.15.07(c). price was not erroneously low. See Rule 6.15(a)(2). Spread Market for a complex order strategy 16 See Rule 6.15(b)(3). 21 See Rule 6.15.02. is determined by the National Best Bid/Offer 17 See Rule 6.15(c)(1). 22 See Rule 6.15(d)(3). of the individual legs of the strategy.

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As described above in relation to If the exchange were to solely focus the individual legs, which may have Proposed Rule 6.15.07(a), the first step on the $7.50 execution price of the ABC execution prices outside of the NBBO of is for the Exchange to review (upon calls or the $4.00 execution price of the the leg markets. receipt of a timely notification in ABC puts, the execution would qualify Again, assume an individual leg or accordance with paragraphs (c)(2) or as an obvious or catastrophic error legs qualifies as an obvious or (d)(2) of the Current Rule) the because the execution price on the legs catastrophic error as described above. If individual legs to determine whether a was outside the NBBO, even though the the NSM is $6.00–7.00 (not a wide quote leg or legs qualifies as an obvious or net execution price is accurate. Thus, pursuant to the wide quote table in catastrophic error. If no leg qualifies as the additional review of the NSM to paragraph (b)(3) of the Current Rule) but an obvious or catastrophic error, the determine if the complex order was the execution price of the entire transaction stands—no adjustment and executed at a truly erroneous price is complex order package (i.e., the net no nullification. necessary. The same concern is not execution price) is higher (lower) than Unlike Proposed Rule 6.15.07(a), the present when a complex order executes the offer (bid) of the NSM for the Exchange is also proposing to compare against the leg market under Rule complex order strategy just prior to the the net execution price of the entire 6.15.07(a) because the Exchange is erroneous transaction by an amount complex order package to the National modifying its system in order to ensure equal to at least the amount in the table Spread Market (‘‘NSM’’) for the complex the leg will execute at or within the in paragraph (c)(1) of the Current Rule, order strategy.23 Complex orders are NBBO of the leg markets.26 then the complex order qualifies to be exempt from the order protection rules In order to incorporate NSM, Rule adjusted or busted in accordance with of the options exchanges.24 Thus, 6.15.07(b) provides that if the Exchange paragraph (c)(4) or (d)(3) of the Current depending on the manner in which the determines that a leg or legs does Rule. For example, if the NSM for the systems of an options exchange are qualify as on obvious or catastrophic complex order strategy just prior to the calibrated, a complex order can execute error, the leg or legs will be adjusted or erroneous transaction is $6.00–7.00 and without regard to the prices offered in busted in accordance with paragraph the net execution price of the complex the complex order books or the leg (c)(4) or (d)(3) of the Current Rule, so order transaction is $7.75, the complex markets of other options exchanges. In long as either: (i) The width of the NSM order qualifies to be adjusted or busted certain situations, reviewing the for the complex order strategy just prior in accordance with paragraph (c)(4) of execution prices of the legs in a vacuum to the erroneous transaction was equal the Current Rule because the execution would make the leg appear to be an to or greater than the amount set forth price of $7.75 is more than $0.50 (i.e., obvious or catastrophic error, even in the wide quote table of paragraph the minimum amount according to the though the net execution price on the (b)(3) of the Current Rule or (ii) the net table in paragraph (c)(1) when the price complex order is not an erroneous price. execution price of the complex order is is above $5.00 but less than $10.01) For example, assume the Exchange higher (lower) than the offer (bid) of the from the NSM offer of $7.00. Focusing receives a complex order to buy ABC NSM for the complex order strategy just on the NSM in this manner will ensure calls and sell ABC puts. prior to the erroneous transaction by an that the obvious/catastrophic error amount equal to at least the amount review process focuses on the net • If the BBO for the ABC calls is shown in the table in paragraph (c)(1) of execution price instead of the execution $5.50–7.50 and the BBO for ABC puts is the Current Rule. prices of the individual legs, which may $3.00–4.50, then the Exchange’s spread For example, assume an individual have execution prices outside of the market is $1.00–4.50.25 • leg or legs qualifies as an obvious or NBBO of the leg markets. If the NBBO for the ABC calls is catastrophic error and the width of the Although the Exchange believes $6.00–6.50 and the NBBO for the ABC NSM of the complex order strategy just adjusting execution prices is generally puts is $3.50–4.00, then the NSM is prior to the erroneous transaction is better for the marketplace than $2.00–3.00. • $6.00–9.00. The complex order will nullifying executions because liquidity If the Customer buys the calls at qualify to be adjusted or busted in providers often execute hedging $7.50 and sells the puts at $4.00, the accordance with paragraph (c)(4) of the transactions to offset options positions, complex order Customer receives a net Current Rule because the wide quote the Exchange recognizes that complex execution price of $3.00 (debit), which table of paragraph (b)(3) of the Current orders executing against other complex is the expected net execution price as Rule indicates that the minimum orders is similar to simple orders indicated by the NSM offer of $3.00. amount is $1.50 for a bid price between executing against other simple orders $5.00 to $10.00. If the NSM were instead because both parties are able to review 23 NSM is the derived net market for a complex $6.00–7.00 the complex order strategy the execution price to determine order package. See e.g., Rule 6.13.02 (utilizing the would not qualify to be adjusted or whether the transaction may have been term derived net market in the context of complex order strategies). For example, if the NBBO of Leg busted pursuant to .07(b)(i) because the executed at an erroneous price. Thus, 1 is $1.00–2.00 and the NBBO of Leg 2 is $5.00– width of the NSM is $1.00, which is less for purposes of complex orders that 7.00, then the NSM for a complex order to buy Leg than the required $1.50. However, the meet the requirements of Rule 1 and buy Leg 2 is $6.00–9.00. execution may still qualify to be 6.15.07(b), the Exchange proposes to 24 See CBOE Rule 6.81(b)(7). All options adjusted or busted in accordance with apply the Current Rule and adjust or exchanges have the same order protection rule. CBOE Rule 6.81 applies to C2 pursuant to Section paragraph (c)(4) or (d)(3) of the Current bust obvious errors in accordance with E of C2 Chapter VI. Rule pursuant to .07(b)(ii). Focusing on paragraph (c)(4) (as opposed to applying 25 The complex order is to buy ABC calls and sell the NSM in this manner will ensure that paragraph (c)(4)(A) as is the case under ABC puts. The Exchange’s best offer for ABC puts the obvious/catastrophic error review .07(a)) and catastrophic errors in is $7.50 and Exchange’s best bid for is $3.00. If the Customer were to buy the complex order strategy, process focuses on the net execution accordance with (d)(3). the Customer would receive a debit of $4.50 (buy price instead of the execution prices of Therefore, for purposes of complex ABC calls for $7.50 minus selling ABC puts for orders under Proposed Rule 6.15.07(b), $3.00). If the Customer were to sell the complex 26 The proposed rule change to modify Exchange if one of the legs is determined to be an order strategy the Customer would receive a credit systems to ensure the legs of a complex order will obvious error under paragraph (c)(1), all of $1.00 (selling the ABC calls for $5.50 minus execute against legs in the simple order market buying the ABC puts for $4.50). Thus, the within the NBBO of the simple order market will Customer transactions will be nullified, Exchange’s spread market is $1.00–4.50. be in a separate filing. unless a Trading Permit Holder (‘‘TPH’’)

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submits 200 or more Customer to nullify the stock leg if adjustment and equitable principles of trade, transactions for review in accordance would result in an execution price remove impediments to, and perfect the with (c)(4)(C).27 For purposes of higher (for buy transactions) or lower mechanism of, a free and open market complex orders under Proposed Rule (for sell transactions) than the and a national market system, and, in 6.15.07(b), if one of the legs is Customer’s limit price on the complex general, protect investors and the public determined to be a catastrophic error order or individual leg(s). interest. under paragraph (d)(3) and all of the The stock leg of a stock-option order As described above, the Exchange and other requirements of Rule 6.15.07(b) is not executed on the Exchange; rather, other options exchanges are seeking to are met, all market participants will be the stock leg is sent to a stock trading adopt harmonized rules related to the adjusted in accordance with the table venue for execution. The Exchange is adjustment and nullification of set forth in (d)(3). Again, however, unaware of a mechanism by which the erroneous options transactions. The pursuant to paragraph (d)(3) where at Exchange can guarantee that the stock Exchange believes that the Proposed least one party to a complex order leg will be nullified by the stock trading Rule will provide greater transparency transaction is a Customer, the venue in the event of an obvious or and clarity with respect to the transaction will be nullified if catastrophic error on the Exchange. adjustment and nullification of adjustment would result in an execution Thus, in the event of the nullification of erroneous options transactions. price higher (for buy transactions) or the option leg pursuant to Proposed Particularly, the proposed changes seek lower (for sell transactions) than the Rule 6.15.07(c), the Exchange will to achieve consistent results for Customer’s limit price on the complex attempt to have the stock leg nullified participants across U.S. options order or individual leg(s). Also, if any by the stock trading venue by either exchanges while maintaining a fair and leg of a complex order is nullified, the contacting the stock trading venue or orderly market, protecting investors and entire transaction is nullified. notifying the parties to the transaction protecting the public interest. Based on Third, proposed Interpretation and that the option leg is being nullified. the foregoing, the Exchange believes Policy .07(c) governs stock-option The party or parties to the transaction that the proposal is consistent with orders. Proposed Rule 6.15.07(c) may ultimately need to contact the stock Section 6(b)(5) of the Act 30 in that the provides: trading venue to have the stock portion Proposed Rule will foster cooperation If the option leg of a stock-option order nullified. and coordination with persons engaged qualifies as an Obvious Error under Finally, the Exchange proposes to in regulating and facilitating paragraph (c)(1) or a Catastrophic Error under provide guidance that whenever the transactions. paragraph (d)(1), then the option leg that is stock trading venue nullifies the stock The Exchange believes the various an Obvious or Catastrophic Error will be leg of a stock-option order, the option provisions allowing or dictating adjusted in accordance with paragraph will be nullified upon request of one of adjustment rather than nullification of a (c)(4)(A) or (d)(3), respectively, regardless of the parties to the transaction or by an trade are necessary given the benefits of whether one of the parties is a Customer. Official acting on their own motion in adjusting a trade price rather than However, the option leg of any Customer nullifying the trade completely. Because order subject to this paragraph (c) will be accordance with paragraph (c)(3). There nullified if the adjustment would result in an are situations in which buyer and seller options trades are used to hedge, or are execution price higher (for buy transactions) agree to trade a stock-option order, but hedged by, transactions in other or lower (for sell transactions) than the the stock leg cannot be executed. The markets, including securities and Customer’s limit price on the stock-option Exchange proposes to provide guidance futures, many TPHs, and their order, and the Exchange will attempt to that whenever the stock portion of a customers, would rather adjust prices of nullify the stock leg. Whenever a stock executions rather than nullify the trading venue nullifies the stock leg of a stock-option order cannot be executed, the Exchange will nullify the option leg transactions and, thus, lose a hedge stock-option order or whenever the stock leg altogether. As such, the Exchange cannot be executed, the Exchange will nullify upon request of one of the parties to the the option leg upon request of one of the transaction or on an Official’s own believes it is in the best interest of parties to the transaction or in accordance motion. investors to allow for price adjustments with paragraph (c)(3). as well as nullifications. Implementation Date The Exchange does not believe that Similar to proposed Interpretation the proposal is unfairly discriminatory, and Policy .07(a), an options leg (or legs) In order to ensure that other options even though it differentiates in many of a stock-option order must qualify as exchanges are able to adopt rules consistent with this proposal and to places between Customers and non- an obvious or catastrophic error under Customers. As with the Current Rule, the Current Rule in order for the stock- coordinate the effectiveness of such harmonized rules, the Exchange Customers are treated differently, often option order to qualify as an obvious or affording them preferential treatment. catastrophic error. Also similar to proposes to delay the operative date of this proposal to April 17, 2017. This treatment is appropriate in light of Proposed Rule 6.15.07(a), if an options the fact that Customers are not leg (or legs) does qualify as an obvious 2. Statutory Basis necessarily immersed in the day-to-day or catastrophic error, the option leg (or The Exchange believes that its trading of the markets, are less likely to legs) will be adjusted in accordance proposal is consistent with the be watching trading activity in a with paragraph (c)(4)(A) or (d)(3), requirements of the Act and the rules particular option throughout the day, respectively, regardless of whether one and regulations thereunder that are and may have limited funds in their of the parties is a Customer. Again, as applicable to a national securities trading accounts. At the same time, the with Proposed Rule 6.15.07(a), where at exchange, and, in particular, with the Exchange reiterates that in the U.S. least one party to a complex order requirements of Section 6(b) of the options markets generally there is transaction is a Customer, the Exchange Act.28 Specifically, the proposal is significant retail customer participation will nullify the option leg and attempt consistent with Section 6(b)(5) of the that occurs directly on (and only on) Act 29 because it would promote just options exchanges such as the 27 Rule 6.15(c)(4)(C) also requires the orders resulting in 200 or more Customer transactions to Exchange. Accordingly, differentiating have been submitted during the course of 2 minutes 28 15 U.S.C. 78f(b). or less. 29 15 U.S.C. 78f(b)(5). 30 15 U.S.C. 78f(b)(5).

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among market participants with respect burden on competition because it is the III. Date of Effectiveness of the to the adjustment and nullification of result of a collaborative effort by all Proposed Rule Change and Timing for erroneous options transactions is not options exchanges to harmonize and Commission Action unfairly discriminatory because it is improve the process related to the reasonable and fair to provide adjustment and nullification of Because the foregoing proposed rule Customers with additional protections erroneous options transactions. The change does not: (i) Significantly affect as compared to non-Customers. Exchange does not believe that the rules the protection of investors or the public The Exchange believes that its applicable to such process is an area interest; (ii) impose any significant proposal to adopt the ability to adjust a where options exchanges should burden on competition; and (iii) become Customer’s execution price when a compete, but rather, that all options operative for 30 days from the date on complex order is deemed to be an exchanges should have consistent rules which it was filed, or such shorter time Obvious or Catastrophic Error is to the extent possible. Particularly as the Commission may designate, it has consistent with the Act. A complex where a market participant trades on become effective pursuant to Section order that executes against individual several different exchanges and an 19(b)(3)(A)(iii) of the Act 31 and leg markets may receive an execution erroneous trade may occur on multiple subparagraph (f)(6) of Rule 19b–4 price on an individual leg that is not an markets nearly simultaneously, the thereunder.32 Obvious or Catastrophic error but Exchange believes that a participant A proposed rule change filed another leg of the transaction is an should have a consistent experience pursuant to Rule 19b–4(f)(6) under the Obvious or Catastrophic Error. In such with respect to the nullification or Act 33 normally does not become situations where the complex order is adjustment of transactions. The executing against at least one individual operative for 30 days after the date of its Exchange understands that all other 34 or firm that is not aware of the fact that options exchanges that trade complex filing. However, Rule 19b–4(f)(6)(iii) they have executed against a complex orders and/or stock-option orders intend permits the Commission to designate a order or that the complex order has been to file proposals that are substantially shorter time if such action is consistent executed at an erroneous price, the similar to this proposal. with the protection of investors and the Exchange believes it is more appropriate public interest. The Exchange has asked The Exchange does not believe that to adjust execution prices if possible the proposed rule change imposes a the Commission to waive the 30-day because the derivative transactions are burden on intramarket competition operative delay so that the proposal may often hedged with other securities. because the provisions apply to all become operative immediately upon Allowing adjustments instead of market participants equally within each filing. The Commission believes that nullifying transactions in these limited participant category (i.e., Customers and waiving the 30-day operative delay is situations will help to ensure that non-Customers). With respect to consistent with the protection of market participants are not left with a competition between Customer and investors and the public interest as it hedge that has no position to hedge non-Customer market participants, the will allow the Exchange to implement against. the proposed rule change by April 17, The Exchange also believes its Exchange believes that the Proposed 2017 in coordination with the other proposal related to stock-option orders Rule acknowledges competing concerns options exchanges. Accordingly, the is consistent with the Act. Stock-option and tries to strike the appropriate Commission hereby waives the orders consist of an option component balance between such concerns. For and a stock component. Due to the fact instance, the Exchange believes that operative delay and designates the 35 that the Exchange has no control over protection of Customers is important proposal operative upon filing. the venues on which the stock is due to their direct participation in the At any time within 60 days of the executed the proposal focuses on the options markets as well as the fact that filing of the proposed rule change, the option component of the stock-option they are not, by definition, market Commission summarily may order by adjusting or nullifying the professionals. At the same time, the temporarily suspend such rule change if option in accordance with paragraph Exchange believes due to the quote- it appears to the Commission that such (c)(4)(A) or (d)(3). Also, nullifying the driven nature of the options markets, action is: (i) Necessary or appropriate in option component if the stock the importance of liquidity provision in the public interest; (ii) for the protection such markets and the risk that liquidity component cannot be executed ensures of investors; or (iii) otherwise in providers bear when quoting a large that market participants receive the furtherance of the purposes of the Act. breadth of products that are derivative execution for which they bargained. If the Commission takes such action, the of underlying securities, that the Stock-option orders are negotiated and Commission shall institute proceedings protection of liquidity providers and the agreed to as a package; thus, if for any to determine whether the proposed rule practice of adjusting transactions rather reason the stock portion of a stock- should be approved or disapproved. option order cannot ultimately be than nullifying them is of critical executed, the parties should not be importance. As described above, the Exchange will apply specific and 31 15 U.S.C. 78s(b)(3)(A)(iii). saddled with an options position sans 32 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– stock. objective criteria to determine whether 4(f)(6) requires a self-regulatory organization to give an erroneous transaction has occurred the Commission written notice of its intent to file B. Self-Regulatory Organization’s and, if so, how to adjust or nullify a the proposed rule change at least five business days Statement on Burden on Competition transaction. prior to the date of filing of the proposed rule change, or such shorter time as designated by the C2 does not believe that the proposed C. Self-Regulatory Organization’s Commission. The Exchange has satisfied this rule change will impose any burden on Statement on Comments on the requirement. 33 competition that is not necessary or Proposed Rule Change Received From 17 CFR 240.19b–4(f)(6). 34 17 CFR 240.19b–4(f)(6)(iii). appropriate in furtherance of the Members, Participants, or Others purposes of the Act. Importantly, the 35 For purposes only of waiving the 30-day operative delay, the Commission has also Exchange believes the proposal will not The Exchange neither solicited nor considered the proposed rule’s impact on impose a burden on intermarket received comments on the proposed efficiency, competition, and capital formation. See competition but will rather alleviate any rule change. 15 U.S.C. 78c(f).

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IV. Solicitation of Comments For the Commission, by the Division of Exchange filed and withdrew Trading and Markets, pursuant to delegated Amendment No. 2 to the proposed rule Interested persons are invited to authority.36 change,6 and filed Amendment No. 3 to submit written data, views, and Eduardo A. Aleman, the proposed rule change.7 On March arguments concerning the foregoing, Assistant Secretary. 20, 2017, the Exchange filed including whether the proposed rule [FR Doc. 2017–06055 Filed 3–27–17; 8:45 am] Amendment No. 4 to the proposed rule change is consistent with the Act. BILLING CODE 8011–01–P change.8 The Commission received no Comments may be submitted by any of comments on the proposed rule change. the following methods: This order approves the proposed rule SECURITIES AND EXCHANGE change, as modified by Amendment Electronic Comments COMMISSION Nos. 1, 3, and 4 thereto. • Use the Commission’s Internet [Release No. 34–80296; File No. SR– II. Exchange’s Description of the comment form (http://www.sec.gov/ NYSEArca–2017–07] Proposal 9 rules/sro.shtml); or Self-Regulatory Organizations; NYSE The Exchange proposes to list and • Send an email to rule-comments@ Arca, Inc.; Order Approving a trade the Shares under NYSE Arca sec.gov. Please include File Number SR– Proposed Rule Change, as Modified by Equities Rule 8.200, Commentary .02, C2–2017–011 on the subject line. Amendment Nos. 1, 3, and 4 Thereto, which governs the listing and trading of To List and Trade Shares of the Trust Issued Receipts.10 Each Fund is a Paper Comments ProShares UltraPro 3x Crude Oil ETF • and ProShares UltraPro 3x Short rule change shall constitute continued listing Send paper comments in triplicate requirements for listing the Shares on the Exchange; to Secretary, Securities and Exchange Crude Oil ETF Under NYSE Arca (9) clarified the type of information that will be Commission, 100 F Street NE., Equities Rule 8.200 available in the Information Bulletin regarding the Funds’ portfolio holdings; and (10) made other Washington, DC 20549–1090. March 22, 2017. technical amendments. Amendment No. 1 to the All submissions should refer to File proposed rule change is available at: https:// I. Introduction www.sec.gov/comments/sr-nysearca-2017-07/ Number SR–C2–2017–011. This file On January 26, 2017, NYSE Arca, Inc. nysearca201707-1630210-137426.pdf. Amendment number should be included on the (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed No. 1 is not subject to notice and comment because subject line if email is used. To help the it is a technical amendment that does not materially with the Securities and Exchange alter the substance of the proposed rule change or Commission process and review your Commission (‘‘Commission’’), pursuant raise any novel regulatory issues. comments more efficiently, please use to Section 19(b)(1) 1 of the Securities 6 Notice of the Exchange’s withdrawal of only one method. The Commission will Exchange Act of 1934 (‘‘Act’’ or Amendment No. 2 is available at: https:// www.sec.gov/comments/sr-nysearca-2017-07/ post all comments on the Commission’s 2 ‘‘Exchange Act’’) and Rule 19b–4 nysearca201707-1644096-147899.pdf. 3 Internet Web site (http://www.sec.gov/ thereunder, a proposed rule change to 7 In Amendment No. 3, which partially amended rules/sro.shtml). Copies of the list and trade shares (‘‘Shares’’) of the the proposed rule change, as modified by submission, all subsequent ProShares UltraPro 3x Crude Oil ETF Amendment No. 1 thereto, the Exchange added a representation regarding the dissemination of the amendments, all written statements and ProShares UltraPro 3x Short Crude value of the Bloomberg WTI Crude Oil SubindexSM. with respect to the proposed rule Oil ETF (each a ‘‘Fund,’’ and Amendment No. 3 to the proposed rule change is change that are filed with the collectively the ‘‘Funds’’) under NYSE available at: https://www.sec.gov/comments/sr-nyse Commission, and all written Arca Equities Rule 8.200. The proposed arca-2017-07/nysearca201707-1644096-147899.pdf. rule change was published for comment Amendment No. 3 is not subject to notice and communications relating to the comment because it is a technical amendment that proposed rule change between the in the Federal Register on February 7, does not materially alter the substance of the 4 Commission and any person, other than 2017. On March 9, 2017, the Exchange proposed rule change or raise any novel regulatory issues. those that may be withheld from the filed Amendment No. 1 to the proposed rule change.5 On March 10, 2017, the 8 In Amendment No. 4, which partially amended public in accordance with the the proposed rule change, as modified by provisions of 5 U.S.C. 552, will be Amendment Nos. 1 and 3 thereto, the Exchange: (1) 36 17 CFR 200.30–3(a)(12). available for Web site viewing and Clarified its use of the term ‘‘Futures Contracts’’ and 1 15 U.S.C. 78s(b)(1). (2) provided additional clarification regarding the printing in the Commission’s Public 2 15 U.S.C. 78a. calculation of the Indicative Fund Value. Reference Room, 100 F Street NE., 3 17 CFR 240.19b–4. Amendment No. 4 to the proposed rule change is Washington, DC 20549, on official 4 See Securities Exchange Act Release No. 79917 available at: https://www.sec.gov/comments/sr-nyse arca-2017-07/nysearca201707-1657390-148729.pdf. business days between the hours of (February 1, 2017), 82 FR 9620. 5 In Amendment No. 1, which amended and Amendment No. 4 is not subject to notice and 10:00 a.m. and 3:00 p.m. Copies of the replaced the proposed rule change in its entirety, comment because it is a technical amendment that filing also will be available for the Exchange: (1) Supplemented its description of does not materially alter the substance of the inspection and copying at the principal the Funds’ investments in over-the-counter (‘‘OTC’’) proposed rule change or raise any novel regulatory transactions; (2) provided clarification and issues. office of the Exchange. All comments additional specificity regarding the holding and 9 A more detailed description of the Funds, the received will be posted without change; settlement of futures contracts and options on such Shares, and the Benchmark, as well as investment the Commission does not edit personal futures; (3) provided additional details regarding risks, creation and redemption procedures, net asset identifying information from the calculation of the Bloomberg WTI Crude Oil value (‘‘NAV’’) calculation, availability of values SubindexSM; (4) provided information regarding the and other information regarding the Funds’ submissions. You should submit only calculation and dissemination of the Indicative portfolio holdings, and fees, among other things, is information that you wish to make Fund Value of the Funds; (5) provided additional included in the Registration Statement, as well as available publicly. All submissions clarification regarding the difference between the Amendment Nos. 1, 3, and 4, as applicable. See net asset value calculation time and the creation infra note 11, and supra notes 5, 7, and 8, should refer to File Number SR–C2– and redemption cut-off time for the Funds; (6) respectively. 2017–011, and should be submitted on clarified the information that will be made available 10 Commentary .02 to NYSE Arca Equities Rule or before April 18, 2017. on the Funds’ Web site regarding the Funds and 8.200 applies to Trust Issued Receipts that invest their portfolio holdings; (7) supplemented its in ‘‘Financial Instruments.’’ The term ‘‘Financial description of the Exchange’s surveillance Instruments,’’ as defined in Commentary .02(b)(4) to procedures; (8) represented that the applicability of NYSE Arca Equities Rule 8.200, means any Exchange listing rules specified in the proposed combination of investments, including cash;

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series of the ProShares Trust II investment positions that ProShare an investment in cleared Financial (‘‘Trust’’), a Delaware statutory trust.11 Capital believes, in combination, should Instruments is unavailable, then a Fund The Trust and the Funds are managed produce daily returns consistent with would invest in other Financial and controlled by ProShare Capital the Funds’ respective objectives. Instruments, including uncleared Management LLC (‘‘ProShare Capital’’). ProShare Capital will rely on a pre- Financial Instruments in the OTC ProShare Capital is registered as a determined model to generate orders market. The Funds may also invest in commodity pool operator with the that result in repositioning the Funds’ Financial Instruments if the market for Commodity Futures Trading investments in accordance with their a specific Futures Contract experiences Commission and is a member of the respective investment objectives. emergencies (e.g., natural disaster, National Futures Association. Brown Investments of the Funds terrorist attack or an act of God) or Brothers Harriman & Co. will be the disruptions (e.g., a trading halt) that custodian, registrar, and transfer agent, Each Fund will seek to achieve its prevent or make it impractical for a and administrator for the Funds. SEI respective investment objective by Fund to obtain the appropriate amount Investments Distribution Co. serves as investing, under normal market of investment exposure using Futures 14 distributor for the Funds. conditions, substantially all of its Contracts. assets in futures contracts for West Overview of the Funds Texas Intermediate sweet, light crude Although each Fund, under normal market conditions, will invest The investment objective of the oil listed on the NYMEX, ICE Futures substantially all of its assets in Futures ProShares UltraPro 3x Crude Oil ETF is U.S. or other U.S. exchanges (‘‘Futures’’) Contracts, each Fund will also hold cash to seek, on a daily basis,12 investment and listed options on such contracts or cash equivalents, such as U.S. results that correspond (before fees and (‘‘Options’’ and, together with Futures, Treasury securities or other high credit expenses) to three times (3×) the ‘‘Futures Contracts’’). The Funds will quality, short-term fixed-income or performance of the Bloomberg WTI not invest directly in oil. A Fund’s similar securities (such as shares of Crude Oil SubindexSM investments in Futures Contracts will be money market funds and collateralized (‘‘Benchmark’’).13 The investment used to produce economically repurchase agreements) pending objective of the ProShares UltraPro 3x ‘‘leveraged’’ or ‘‘inverse leveraged’’ investment in Futures Contracts or Short Crude Oil ETF is to seek, on a investment in a manner consistent with Financial Instruments or as collateral for daily basis, investment results that the respective Fund’s investment the Funds’ investments. correspond (before fees and expenses) to objective. three times (3×) the inverse of the In the event position, price or The Exchange represents that, to the performance of the Benchmark. The accountability limits are reached with extent a Fund enters into swap 15 Benchmark is intended to reflect the respect to Futures Contracts, each agreements and other OTC transactions, performance of crude oil as measured by Fund may obtain exposure to the it will do so only with large, established the price of futures contracts of West Benchmark through investments in and well capitalized financial Texas Intermediate sweet, light crude swap agreements and forward contracts institutions that meet the Sponsor’s oil listed on the New York Mercantile referencing such Benchmark (‘‘Financial credit quality standards and monitoring Exchange (‘‘NYMEX’’), including the Instruments’’). To the extent that a Fund policies. The Exchange states that each impact of rolling, without regard to invests in Financial Instruments, it Fund will use various techniques to income earned on cash positions. would first make use of exchange-traded minimize credit risk including early In seeking to achieve the Funds’ Financial Instruments, if available. If an termination or reset and payment, using investment objectives, ProShare Capital investment in exchange-traded different counterparties and limiting the will utilize a mathematical approach to Financial Instruments is unavailable, net amount due from any individual determine the type, quantity and mix of then a Fund would invest in Financial counterparty.16 Instruments that clear through derivatives clearing organizations that The Funds do not intend to hold securities; options on securities and indices; futures Futures 17 through expiration, but contracts; options on futures contracts; forward satisfy the Trust’s criteria, if available. If contracts; equity caps, collars, and floors; and swap instead intend to ‘‘roll’’ or close their agreements. 14 The term ‘‘normal market conditions’’ includes, respective positions before expiration. 11 The Trust is registered under the Securities Act but is not limited to, the absence of trading halts When the market for these contracts is of 1933 (15 U.S.C. 77a) (‘‘Securities Act’’). On in the applicable financial markets generally; such that the prices are higher in the December 9, 2016, the Trust filed with the operational issues (e.g., systems failure) causing more distant delivery months than in Commission a registration statement on Form S–1 dissemination of inaccurate market information; or under the Securities Act relating to the Funds (File force majeure type events such as natural or the nearer delivery months, the sale No. 333–214904) (‘‘Registration Statement’’). The manmade disaster, act of God, armed conflict, act during the course of the ‘‘rolling description of the operation of the Trust and the of terrorism, riot or labor disruption or any similar process’’ of the more nearby contract Funds herein is based, in part, on the Registration intervening circumstance. See id. at 6 n.9. would take place at a price that is lower Statement. 15 Designated contract markets, such as the 12 The Fund does not seek to achieve its NYMEX and ICE Futures U.S., have established investment objective over a period greater than a accountability levels and position limits on the 16 See id. at 7. single trading day. The Exchange states that the maximum net long or net short Futures Contracts 17 The Exchange states that out-of-the-money return of a Fund for a period longer than a single in commodity interests that any person or group of Options will be held to expiration and will expire trading day is the result of its return for each day persons under common trading control (other than worthless. According to the Exchange, Funds compounded over the period and thus will usually as a hedge, which an investment by a Fund is not) intend to hold in-the-money options to expiration, differ from a Fund’s multiple times the return of the may hold, own or control. These levels and position which would occur before the expiration of Futures. Benchmark for the same period. See Amendment limits apply to the Futures Contracts that each Fund In-the-money Options are settled through receipt or No. 1, supra note 5, at 5. would invest in to meet its investment objective. In delivery of Futures. With respect to Futures 13 According to the Exchange, the Bloomberg WTI addition to accountability levels and position positions established through the Options Crude Oil SubindexSM is a ‘‘rolling index,’’ which limits, NYMEX and ICE Futures U.S. also set price settlement procedure, the Funds intend to close means that the Index performance includes the fluctuation limits on Futures Contracts. The price such positions by entering into simultaneous impact of closing out futures contracts that are fluctuation limit establishes the amount that the offsetting Futures positions. The effects of contango nearing expiration and replacing them with futures price of Futures may vary either up or down from and backwardation on the price of Futures will contracts with later expirations. The Exchange the previous day’s settlement price. Options do not impact the price of Options to the same degree of states that this process is commonly referred to as have individual price limits but rather are linked any change in the price of the underlying Futures. ‘‘rolling.’’ See id. at 5 n.6. to the price limit of Futures. See id. at 6 n.10. See id. at 7 n.11.

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than the price of the more distant which sets forth Congress’ finding that be made daily and will include, as contract.18 it is in the public interest and applicable, (i) the name, quantity, value, The Exchange states that the Funds do appropriate for the protection of expiration and strike price of Futures not expect to have exposure to Futures investors and the maintenance of fair and Options, (ii) the counterparty to and Contracts and Financial Instruments and orderly markets to assure the value of swap agreements and forward greater than three times (3x) the Funds’ availability to brokers, dealers and contracts, and (ii) the aggregate net net assets. Thus, the maximum margin investors of information with respect to value of other assets (i.e., Treasury held at a future commission merchant quotations for and transactions in securities, cash equivalents and cash) would not exceed three times the securities. According to the Exchange, held in each Fund’s portfolio, if margin requirement for either Fund.19 quotation and last-sale information applicable. The Exchange represents that not more regarding the Shares will be The Benchmark will be disseminated than 10% of the net assets of a Fund in disseminated through the facilities of by one or more major market data the aggregate invested in Futures the Consolidated Tape Association vendors every 15 seconds during the Contracts shall consist of Futures (‘‘CTA’’). Quotation information for cash NYSE Arca Core Trading Session of 9:30 Contracts whose principal market is not equivalents, OTC swaps and forward a.m. to 4:00 p.m. Eastern Time (‘‘E.T.’’). a member of the Intermarket contracts may be obtained from brokers The Indicative Fund Value (‘‘IFV’’) 25 Surveillance Group (‘‘ISG’’) or is a and dealers who make markets in such per Share will be widely disseminated market with which the Exchange does instruments. Quotation information for by one or more major market data not have a comprehensive surveillance exchange-traded swaps will be available vendors every 15 seconds during the sharing agreement (‘‘CSSA’’).20 from the applicable exchange and major Exchange’s Core Trading Session.26 The Funds will compute their NAVs at 2:30 III. Discussion and Commission market vendors. The intraday, closing p.m. E.T., which is the designated Findings prices, and settlement prices of the Futures Contracts will be readily closing time of the crude oil futures After careful review, the Commission available from the applicable futures listed on NYMEX,27 or an earlier time as finds that the Exchange’s proposal to list exchange Web sites, automated set forth on www.ProShares.com, if and trade the Shares is consistent with quotation systems, published or other necessitated by the New York Stock the Exchange Act and the rules and public sources, or major market data Exchange LLC, the Exchange, or other regulations thereunder applicable to a vendors. Complete real-time data for the exchange material to the valuation or national securities exchange.21 In Futures Contracts is available by operation of such Fund closing early. particular, the Commission finds that subscription through on-line The NAV for the Shares will be the proposed rule change, as modified information services. ICE Futures U.S. disseminated daily to all market by Amendment Nos. 1, 3, and 4 thereto, and NYMEX also provide delayed participants at the same time. is consistent with Section 6(b)(5) of the futures and options on futures The Commission further believes that Exchange Act,22 which requires, among information on current and past trading the proposal to list and trade the Shares other things, that the Exchange’s rules sessions and market news free of charge is reasonably designed to promote fair be designed to promote just and on their respective Web sites. The disclosure of information that may be equitable principles of trade, to remove specific contract specifications for necessary to price the Shares impediments to and perfect the Futures Contracts are also available on appropriately and to prevent trading mechanism of a free and open market such Web sites, as well as other when a reasonable degree of and a national market system, and, in financial informational sources. Intra- transparency cannot be assured. If the general, to protect investors and the day price and closing price level Exchange becomes aware that the NAV public interest. information for the Benchmark will be with respect to the Shares is not The Commission finds that the available from major market data proposal to list and trade the Shares on vendors. 25 The IFV will be calculated by using the prior the Exchange is consistent with Section The Funds’ Web site, day’s closing NAV per Share of a Fund as a base 11A(a)(1)(C)(iii) of the Exchange Act,23 and will be updating throughout the Exchange’s www.ProShares.com, will display the Core Trading Session to reflect changes in the applicable end of day closing NAV. approximate aggregate per Share value of the 18 The Exchange states that this pattern of higher Each Fund’s total portfolio composition investments held by a Fund based on the most futures prices for longer expiration Futures is will be disclosed each business day that recently available prices for the Fund’s investments. referred to as ‘‘contango.’’ Alternatively, when the According to the Exchange, there may be times market for these contracts is such that the prices are the NYSE Arca is open for trading, on when trading in the Shares is occurring during the higher in the nearer months than in the more the Funds’ Web site. The Funds’ Web NYSE Arca Core Trading Session, but trading in distant months, the sale during the course of the site will also include a form of the Futures is not occurring. This may occur when, for ‘‘rolling process’’ of the more nearby contract would prospectus for the Funds that may be example, a futures exchange and NYSE Arca have take place at a price that is higher than the price different holiday schedules, a futures exchange of the more distant contract. This pattern of higher downloaded. The Web site will include closes prior to the close of the NYSE Arca Core futures prices for shorter expiration Futures is the Shares’ ticker and CUSIP Trading Session, price fluctuation limits are referred to as ‘‘backwardation.’’ According to the information, along with additional reached in Futures, or a futures exchange imposes Exchange, the presence of contango in certain any other suspension or limitation on trading in Futures at the time of rolling could adversely affect quantitative information updated on a 24 Futures. In such instances, the IFV would be static a Fund with long positions, and positively affect a daily basis for each Fund. The Web or priced at the applicable early cut-off time of the Fund with short positions. Similarly, the presence site disclosure of portfolio holdings will exchange trading the applicable Futures. See of backwardation in certain Futures at the time of Amendment No. 1, supra note 5, at 9; Amendment rolling such contracts could adversely affect a Fund 24 The Funds’ Web site will include (1) daily No. 4, supra note 8. with short positions and positively affect a Fund 26 The Exchange notes that several major market with long positions. See id. at 7. trading volume, the prior business day’s reported NAV and closing price, and a calculation of the data vendors display and/or make widely available 19 See id. premium and discount of the closing price or mid- IFVs taken from the CTA or other data feeds. See 20 See id. at 14. point of the bid/ask spread at the time of NAV Amendment No. 1, supra note 5, at 9 n.13. 21 In approving this proposed rule change, the calculation (‘‘Bid/Ask Price’’) against the NAV; and 27 The Exchange states that the daily value of the Commission has considered the proposed rule’s (2) data in chart format displaying the frequency Benchmark is calculated as of 2:30 p.m. E.T. to impact on efficiency, competition, and capital distribution of discounts and premiums of the daily coincide with the designated closing time. Futures formation. See 15 U.S.C. 78c(f). closing price or Bid/Ask Price against the NAV, Contracts, however, continue to trade past 2:30 p.m. 22 15 U.S.C. 78f(b)(5). within appropriate ranges, for at least each of the E.T. and through the end of the NYSE Arca Core 23 15 U.S.C. 78k–1(a)(1)(C)(iii). four previous calendar quarters. Trading Session at 4:00 p.m. E.T. See id. at 8 n.12.

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disseminated to all market participants information, with respect to transactions investing, under normal market at the same time, it will halt trading in (including transactions in Futures conditions, substantially all of its assets the Shares until such time as the NAV Contracts) occurring on US futures in Futures Contracts.’’ In the event is available to all market participants. exchanges, which are members of the position, price or accountability limits Further, the Exchange may halt trading ISG. are reached with respect to Futures during the day in which an interruption The Exchange deems the Shares to be Contracts, each Fund may obtain to the dissemination of the IFV or the equity securities, thus rendering trading exposure to the Benchmark through value of the Benchmark occurs. If the in the Shares subject to the Exchange’s investments in Financial Instruments. interruption to the dissemination of the existing rules governing the trading of To the extent that a Fund invests in IFV or the value of the Benchmark equity securities. In support of this Financial Instruments, it would first persists past the trading day in which it proposal, the Exchange represented that: make use of exchange-traded Financial (1) The Shares will conform to the occurred, the Exchange will halt trading Instruments, if available. If an initial and continued listing criteria no later than the beginning of the investment in exchange-traded under NYSE Arca Equities Rule 8.200. trading day following the interruption. Financial Instruments is unavailable, Trading in Shares of a Fund will be (2) The Exchange has appropriate rules to facilitate transactions in the then a Fund would invest in Financial halted if the circuit breaker parameters Instruments that clear through in NYSE Arca Equities Rule 7.12 have Shares during all trading sessions. (3) Trading in the Shares will be derivatives clearing organizations that been reached. Trading also may be satisfy the Trust’s criteria, if available. If halted because of market conditions or subject to the existing trading an investment in cleared Financial for reasons that, in the view of the surveillances administered by the Instruments is unavailable, then a Fund Exchange, make trading in the Shares Exchange, as well as cross-market would invest in other Financial inadvisable. The Exchange states that it surveillances administered by FINRA on Instruments, including uncleared has a general policy prohibiting the behalf of the Exchange, which are distribution of material, non-public designed to detect violations of Financial Instruments in the OTC information by its employees.28 Exchange rules and applicable federal market. Moreover, trading of the Shares will be securities laws, and these procedures (7) Not more than 10% of the net subject to NYSE Arca Equities Rule are adequate to properly monitor assets of a Fund in the aggregate 8.200, Commentary .02(e), which sets Exchange trading of the Shares in all invested in Futures Contracts shall forth certain restrictions on Equity trading sessions and to deter and detect consist of Futures Contracts whose Trading Permit (‘‘ETP’’) Holders acting violations of Exchange rules and federal principal market is not a member of the as registered Market Makers in Trust securities laws applicable to trading on ISG or is a market with which the Issued Receipts to facilitate the Exchange. Exchange does not have a CSSA. surveillance. (4) Prior to the commencement of trading, the Exchange will inform its (8) To the extent a Fund enters into The Commission notes that the swap agreements and other OTC Exchange or the Financial Industry ETP Holders in an Information Bulletin transactions, it will do so only with Regulatory Authority (‘‘FINRA’’), on of the special characteristics and risks large, established and well capitalized behalf of the Exchange, or both, will associated with trading the Shares. financial institutions that meet the communicate as needed regarding Specifically, the Information Bulletin Sponsor’s credit quality standards and trading in the Shares and certain will discuss the following: (a) The risks Futures Contracts with other markets involved in trading the Shares during monitoring policies. Each Fund will use and other entities that are members of the Early and Late Trading Sessions various techniques to minimize credit the ISG, and the Exchange or FINRA, on when an updated IFV will not be risk including early termination or reset behalf of the Exchange, or both, may calculated or publicly disseminated; (b) and payment, using different obtain trading information regarding the procedures for purchases and counterparties and limiting the net trading in the Shares and certain redemptions of Shares in Creation Units amount due from any individual Futures Contracts from such markets (and that Shares are not individually counterparty. and other entities. In addition, the redeemable); (c) NYSE Arca Equities (9) A minimum of 100,000 Shares of Exchange may obtain information Rule 9.2(a), which imposes a duty of each Fund will be outstanding at the regarding trading in the Shares and due diligence on its ETP Holders to commencement of trading on the certain Futures Contracts from markets learn the essential facts relating to every Exchange. and other entities that are members of customer prior to trading the Shares; (d) The Exchange represents that all ISG or with which the Exchange has in how information regarding the IFV is 29 statements and representations made in place a CSSA. The Exchange is also disseminated; (e) how information this filing regarding (a) the description able to obtain information regarding regarding portfolio holdings is of the portfolios of the Funds or trading in the Shares, the physical disseminated; (f) the requirement that Benchmark, (b) limitations on portfolio commodities underlying Futures ETP Holders deliver a prospectus to holdings or the Benchmark, or (c) the Contracts through ETP Holders, in investors purchasing newly issued applicability of Exchange listing rules connection with such ETP Holders’ Shares prior to or concurrently with the specified in this rule filing shall proprietary or customer trades which confirmation of a transaction; and (g) constitute continued listing they effect through ETP Holders on any trading information. relevant market. The Exchange can (5) For initial and continued listing, requirements for listing the Shares on obtain market surveillance information, each Fund will be in compliance with the Exchange. The issuer has including customer identity Rule 10A–3 under the Act,30 as represented to the Exchange that it will provided by NYSE Arca Equities Rule advise the Exchange of any failure by 28 See id. at 14. 5.3. the Funds to comply with the continued 29 For a list of the current members of ISG, see (6) Each Fund will seek to achieve its listing requirements, and, pursuant to www.isgportal.org. According to the Exchange, not respective investment objective by its obligations under Section 19(g)(1) of all components of a Fund may trade on markets that the Act, the Exchange will monitor for are members of ISG or with which the Exchange has in place a CSSA. See id. at 13 n.18. 30 17 CFR 240.10A–3. compliance with the continued listing

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requirements.31 If a Fund is not in SECURITIES AND EXCHANGE I. Rule 608(a) compliance with the applicable listing COMMISSION A. Purpose of the Amendments requirements, the Exchange will commence delisting procedures under [Release No. 34–80300; File No. SR–CTA/ 1. Background NYSE Arca Equities Rule 5.5(m). CQ–2017–02] In October 2014, the Participants This approval order is based on all of amended the Plans’ fee schedules to the Exchange’s representations and Consolidated Tape Association; Notice establish fees for non-display uses of description of the Funds, including of Filing and Immediate Effectiveness data and to reduce the device fees those set forth above and in Amendment of the Twenty-Second Charges assessed on professional subscribers.5 In Nos. 1, 3, and 4. The Commission notes Amendment to the Second so doing, the Participants determined Restatement of the CTA Plan and the that the Shares must comply with the that such a change provided an Thirteenth Charges Amendment to the requirements of NYSE Arca Equities equitable allocation of fees to the Restated CQ Plan Rule 8.200 and Commentary .02 thereto industry that would reflect the value of non-display data usage (subject to the to be listed and traded on the Exchange March 23, 2017. non-display fees) versus display data on an initial and continuing basis. Pursuant to Section 11A of the usage (subject to the lower device fees). For the foregoing reasons, the Securities Exchange Act of 1934 At that time, non-display use was Commission finds that the proposed (‘‘Act’’),1 and Rule 608 thereunder,2 defined as consisting of accessing, rule change, as modified by Amendment notice is hereby given that on March 2, processing, or consuming real-time Nos. 1, 3, and 4 thereto, is consistent 2017, the Consolidated Tape Network A or Network B quotation with Section 6(b)(5) of the Act 32 and the Association (‘‘CTA’’) Plan participants information or last sale price rules and regulations thereunder (‘‘Participants’’) 3 filed with the information, whether delivered via applicable to a national securities Securities and Exchange Commission direct and/or redistributor data feeds, exchange. (‘‘Commission’’) a proposal to amend for a purpose other than in support of the Second Restatement of the CTA Plan a data recipient’s display or further IV. Conclusion and the Restated Consolidated internal or external distribution. The It is therefore ordered, pursuant to Quotation (‘‘CQ’’) Plan (‘‘Plans’’).4 Participants established three categories Section 19(b)(2) of the Exchange Act,33 These amendments represent the of non-display uses of market data: • Category 1 applies when a data that the proposed rule change (SR– twenty-second Charges Amendment to recipient makes non-display uses of NYSEArca–2017–07), as modified by the CTA Plan and the thirteenth Charges Amendment to the CQ Plan real-time market data on its own behalf. Amendment Nos. 1, 3, and 4 thereto, be, • (‘‘Amendments’’). The Amendments Category 2 applies when a data and it hereby is, approved. seek to amend the Plans’ fee schedule as recipient makes non-display uses of For the Commission, by the Division of well as the non-display use policy to real-time market data on behalf of its Trading and Markets, pursuant to delegated clarify the applicability on the non- clients. • authority.34 display fee, the device fee, and the Category 3 applies when a data Eduardo A. Aleman, access fee. recipient makes non-display uses of real-time market data for the purpose of Assistant Secretary. The Commission is publishing this internally matching buy and sell orders [FR Doc. 2017–06053 Filed 3–27–17; 8:45 am] notice to solicit comments from within an organization. BILLING CODE 8011–01–P interested persons on the proposed Data recipients can be charged for Amendments. each of the three categories of non- display uses. Category 3 is the only non- 1 15 U.S.C. 78k–1. display fee that can be charged multiple 2 17 CFR 242.608. times; a data recipient would be charged 3 The Participants are: BATS Exchange, Inc., BATS–Y Exchange, Inc., Chicago Board Options for each ATS, exchange, or ECN Exchange, Inc., Chicago Stock Exchange, Inc., operated by the data recipient. In the 31 The Commission notes that certain other EDGA Exchange, Inc., EDGX Exchange, Inc., proposals for the listing and trading of Managed October 2014 Non-Display Filing, the Financial Industry Regulatory Authority, Inc., Participants also provided the following Fund Shares include a representation that the International Securities Exchange, LLC, Investors’ exchange will ‘‘surveil’’ for compliance with the Exchange LLC, NASDAQ OMX BX, Inc., NASDAQ non-exhaustive list of examples of non- continued listing requirements. See, e.g., Securities OMX PHLX, Inc., Nasdaq Stock Market LLC, display use: Exchange Act Release No. 77499 (April 1, 2016), 81 National Stock Exchange, New York Stock • Any trading in any asset class; FR 20428 (April 7, 2016) (Notice of Filing of Exchange LLC, NYSE MKT LLC, and NYSE Arca, • Automated order or quote Amendment No. 2, and Order Granting Accelerated Inc. generation and/or order pegging; 4 Approval of a Proposed Rule Change, as Modified See Securities Exchange Act Release Nos. 10787 • Price referencing for algorithmic by Amendment No. 2, to List and Trade Shares of (May 10, 1974), 39 FR 17799 (May 20, 1974) (declaring the CTA Plan effective); 15009 (July 28, trading; the SPDR DoubleLine Short Duration Total Return • Tactical ETF of the SSgA Active Trust), available 1978), 43 FR 34851 (August 7, 1978) (temporarily Price referencing for smart order authorizing the CQ Plan); and 16518 (January 22, at: http://www.sec.gov/rules/sro/bats/2016/34- routing; 1980), 45 FR 6521 (January 28, 1980) (permanently • Operations control programs; 77499.pdf. In the context of this representation, it authorizing the CQ Plan). The most recent is the Commission’s view that ‘‘monitor’’ and • Investment analysis; restatement of both Plans was in 1995. The CTA • ‘‘surveil’’ both mean ongoing oversight of the Plan, pursuant to which markets collect and Order verification; Fund’s compliance with the continued listing disseminate last sale price information for non- • Surveillance programs; requirements. Therefore, the Commission does not NASDAQ listed securities, is a ‘‘transaction • Risk management; view ‘‘monitor’’ as a more or less stringent reporting plan’’ under Rule 601 under the Act, 17 • Compliance; and obligation than ‘‘surveil’’ with respect to the CFR 242.601, and a ‘‘national market system plan’’ • Portfolio valuation. continued listing requirements. under Rule 608 under the Act, 17 CFR 242.608. The CQ Plan, pursuant to which markets collect and 32 15 U.S.C. 78f(b)(5). disseminate bid/ask quotation information for listed 5 See Securities Exchange Act Release No. 73278 33 15 U.S.C. 78s(b)(2). securities, is a ‘‘national market system plan’’ under (October 1, 2014), 79 FR 60536 (October 7, 2014) 34 17 CFR 200.30–3(a)(12). Rule 608 under the Act, 17 CFR 242.608. (‘‘October 2014 Non-Display Filing’’).

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The Participants propose to clarify Display Filing while establishing the from the redistribution vendor regarding that any use of data that does not make non-display fees. However, if data is who has authorized access to the data. the data visibly available to the data used for non-display purposes, but is As discussed above, the device fee is recipient on a device should be subject to the device fee and not the applicable when data is displayed only. considered non-display use. When a non-display fee, such interpretation However, if the data is also used for data recipient is using data solely for would disrupt the balance struck by the non-display or can be manipulated and display purposes, the data recipient will Participants in setting the fees. disseminated, the data recipient is only be charged the device fee.6 As a The Participants believe that subject to the access fee. For example, result, the Participants believe it would amending the language of the fee a data recipient may be receiving data be beneficial to provide additional schedule will create a clear to display on a device. In addition to clarification regarding the definition of understanding of when the non-display being displayed on the device, if the non-display use to resolve any fee is applicable and therefore effectuate data recipient is also able to manipulate ambiguity. the change originally contemplated by the data via a calculation to create The Participants further propose to the October 2014 Non-Display Filing. To additional data and distribute the end clarify that a data recipient is subject to notify data recipients of the amended result data to other users in a display the access fee when the data it is definition, the Participants will be format or for non-display use, that data receiving is used for non-display, or can updating the CTA Market Data Non- recipient should also be subject to the be manipulated and disseminated to Display Use Policy. The CTA Market access fee. In such case, even if the data other devices even if the data is also Data Non-Display Use Policy describes recipient is reporting use for display displayed on a device. As described the applicability of the non-display fee purposes and is subject to the device below, the Participants are amending to specific uses of real-time Network A fee, if the data is being manipulated and the Plans’ fee schedules to clarify the and Network B last sale information and disseminated, that data recipient should applicability of the access fee. quotation information. The CTA Market also be subject to an access fee and any Data Non-Display Use Policy currently 2. Amended Definition of Non-Display applicable additional device fees or reflects the applicability of the non- Use non-display use fee, as may be display fee as established by the October applicable for that data recipient’s use The Participants are proposing to 2014 Non-Display Filing. The of the data. As with the proposed amend the definition of ‘‘Non-Display Participants are amending this policy to amendments to the fee schedule Use’’ in footnote eight of the Plans’ fee include the updated definition of Non- described above, this proposed schedules to explicitly state that any use Display Use as reflected in the Plans’ clarification to the access fee is designed of data that does not make data visibly amended fee schedules. The CTA to address that the manner by which a available to a data recipient on a device Market Data Non-Display Use Policy is data recipient uses the data drives is a Non-Display Use. The Participants also being updated to specify that which fees apply. are proposing to make a parallel Redistributors that provide market data amendment to footnote two of the Plans’ to their customers and/or data recipients B. Governing or Constituent Documents fee schedules to state that the device fee who use the data for Non-Display Use Not applicable. will only be applicable where the data must submit a data feed request to the is visibly available to the data recipient; administrator, and must require that the C. Implementation of the Amendments any other data use on a device will be customers and data recipients of such Pursuant to Rule 608(b)(3)(i) under considered Non-Display Use.7 market data complete the necessary Regulation NMS, the Participants have In the October 2014 Non-Display documentation for the data feed request. designated the proposed clarification as Filing, the Participants recognized the The Participants are also amending establishing or changing fees and are relative values of non-display versus footnote two and footnote eight of the submitting the amendment for display data usage. With the Plans’ fee schedules to make clear that immediate effectiveness. proliferation of automated and the Participants reserve the right to algorithmic trading, non-display devices make the sole determination as to D. Development and Implementation consume large amounts of data and are whether a data recipient’s use is subject Phases critical to a firm’s businesses. The black to the non-display fee or the device fee See Item C above. boxes and application programming and, if subject to the non-display fee, E. Analysis of Impact on Competition interfaces utilized by these firms the category of such Non-Display Use. process data far more quickly, and as a The Amendments proposed herein do 3. Access Fee Applicability result, the relative value between non- not impose any burden on competition display and display data usage is The Participants are amending that is not necessary or appropriate in pronounced. The disparity in value footnote ten of the Plans’ fee schedules furtherance of the purposes of the Act. between non-display and display data to clarify when the access fee is Additionally, the Participants do not usage led the Participants to decrease applicable. Access fees are charged to believe that the proposed amendments the professional subscriber device those who obtain Network A and introduce terms that are unreasonably charges in the October 2014 Non- Network B data feeds. The Participants discriminatory for the purposes of are not proposing to modify the current Section 11A(c)(1)(D) of the Act. The 6 A data recipient can be charged both the non- access fees. Instead, the Participants are Participants have submitted this display fee and the device fee. For instance, a data proposing to clarify in the Plans’ fee amendment to simply clarify the recipient may be displaying data on a device and schedules that the access fee is applicability of the non-display fees also using data to operate an ATS. In such instances, the data recipient would be charged both applicable if: (1) The data recipient uses established in the October 2014 Non- a device fee and a non-display fee (the data the data for non-display; or (2) the data Display Filing. The Amendments recipient would also be charged an access fee due recipient receives the data in such a proposed herein will allow data to its non-display use, as described below). manner that the data can be recipients to understand whether a 7 In addition to the amendments outlined in this transmittal letter, the Participants are making non- manipulated and disseminated to one or given use will be subject to the non- substantive edits to correct capitalization in the more devices, display or otherwise, display fee, the device fee, or the access Plans’ fee schedules. regardless of encryption or instructions fee, or a combination of these fees.

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As explained in the October 2014 The Participants have executed this G. Terms of Access to Transaction Non-Display Filing, the non-display fees Amendment and represent not less than Reports were established to comport with the two-thirds of all of the parties to the Not applicable. proliferation of the use of data for dark Plan. That satisfies the Plans’ pools and other non-display trading Participant-approval requirements H. Identification of Marketplace of applications. In conjunction with the Execution H. Description of Operation of Facility establishment of non-display fees, the Not applicable. Participants reduced the rates for Contemplated by the Proposed professional subscriber devices in hopes Amendments III. Solicitation of Comments of fostering the widespread availability Not applicable. The Commission seeks general of real-time market data. At the same comments on the Amendments. time, the non-display fees allowed those I. Terms and Conditions of Access Interested persons are invited to submit who make non-display uses of data to Not applicable. written data, views, and arguments make appropriate contributions to the concerning the foregoing, including costs of collecting, processing, and J. Method of Determination and whether the proposed Amendments are redistributing the data. The clarification Imposition, and Amount of, Fees and consistent with the Act. Comments may proposed herein maintains the balance Charges be submitted by any of the following struck by the Participants in reducing The Participants believe that the methods: the device fee while establishing the proposed fee is fair and reasonable and Electronic Comments non-display fees. provides for an equitable allocation of • Additionally, the Participants believe dues, fees, and other charges among Use the Commission’s Internet that the Amendments will have a vendors, data recipients and other comment form (http://www.sec.gov/ positive effect on competition because rules/sro.shtml); or persons. As previously stated, the • the Amendments will ensure that Amendments proposed herein simply Send an email to rule-comments@ different vendors are classifying their clarify the amendments to fees set forth sec.gov. Please include File Number SR– customer’s usage in the same manner. A in the October 2014 Non-Display Filing CTA/CQ–2017–02 on the subject line. vendor would gain a competitive and ensure that the relative value of Paper Comments advantage if they were willing to non-display versus display data usage is • incorrectly classify a customer’s use as Send paper comments in triplicate reflected in the fees charged for such to Brent J. Fields, Secretary, Securities subject to the lower device fee rather uses. than the non-display fee. By eliminating and Exchange Commission, 100 F Street The Participants have consulted with NE., Washington, DC 20549–1090. the ambiguity in the Plans’ fee members of the industry regarding the schedules, the Participants believe that All submissions should refer to File proposed fee amendments contained Number SR–CTA/CQ–2017–02. This file all vendors will be subjected to and herein. subject their customers to the similar number should be included on the fees for similar uses of data. K. Method and Frequency of Processor subject line if email is used. To help the Evaluation Commission process and review your F. Written Understanding or Agreements comments more efficiently, please use Relating to Interpretation of, or Not applicable. only one method. The Commission will Participation in, Plan L. Dispute Resolution post all comments on the Commission’s As previously stated, the Participants Internet Web site (http://www.sec.gov/ Not applicable. have amended the CTA Market Data rules/sro.shtml). Copies of the Non-Display Use Policy to implement II. Rule 601(a) submission, all subsequent the proposed Amendments. A copy of amendments, all written statements A. Equity Securities for Which the changes to the Non-Display Use with respect to the Amendments that Transaction Reports Shall Be Required Policy is attached to the Amendment. are filed with the Commission, and all by the Plan written communications relating to the G. Approval by Sponsors in Accordance Not applicable. Amendments between the Commission With Plan and any person, other than those that Section XII (b)(iii) of the CTA Plan B. Reporting Requirements may be withheld from the public in provides that ‘‘[a]ny addition of any Not applicable. accordance with the provisions of 5 charge to . . . the charges set forth in U.S.C. 552, will be available for Web Exhibit E . . . shall be effected by an C. Manner of Collecting, Processing, site viewing and printing in the amendment to this CTA Plan . . . that Sequencing, Making Available and Commission’s Public Reference Room is approved by affirmative vote of not Disseminating Last Sale Information on official business days between the less than two-thirds of all of the then Not applicable. hours of 10:00 a.m. and 3:00 p.m. voting members of CTA. Any such Copies of the Amendments also will be D. Manner of Consolidation amendment shall be executed on behalf available for inspection and copying at of each Participant that appointed a Not applicable. the principal office of the CTA. voting member of CTA who approves All comments received will be posted such amendment and shall be filed with E. Standards and Methods Ensuring without change; the Commission does the SEC.’’ Further, Section IX(b)(iii) of Promptness, Accuracy and not edit personal identifying the CQ Plan provides that ‘‘additions, Completeness of Transaction Reports information from submissions. You deletions, or modifications to any Not applicable should submit only information that charges under this CQ Plan shall be you wish to make available publicly. All F. Rules and Procedures Addressed to effected by an amendment . . . that is submissions should refer to File Fraudulent or Manipulative approved by affirmative vote of two- Number SR–CTA/CQ–2017–02 and Dissemination thirds of all the members of the should be submitted on or before April Operating Committee.’’ Not applicable. 18, 2017.

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By the Commission. registered under the Act as an open-end directly from other Funds to cover Eduardo A. Aleman, or closed-end management investment unanticipated cash shortfalls, such as Assistant Secretary. company,1 and AllianceBernstein L.P. unanticipated redemptions or trade 2 [FR Doc. 2017–06083 Filed 3–27–17; 8:45 am] (the ‘‘Adviser’’), a Delaware limited fails. The Funds will not borrow under BILLING CODE 8011–01–P partnership registered as an investment the facility for leverage purposes and adviser under the Investment Advisers the loans’ duration will be no more than Act of 1940. 7 days.3 SECURITIES AND EXCHANGE FILING DATES: The application was filed 2. Applicants anticipate that the COMMISSION on July 22, 2016 and amended on proposed facility would provide a January 11, 2017. borrowing Fund with a source of [Investment Company Act Release No. liquidity at a rate lower than the bank HEARING OR NOTIFICATION OF HEARING: 32540; File No. 812–14677] An borrowing rate at times when the cash order granting the requested relief will position of the Fund is insufficient to AB Bond Fund, Inc., et al. be issued unless the Commission orders meet temporary cash requirements. In a hearing. Interested persons may March 22, 2017. addition, Funds making short-term cash request a hearing by writing to the loans directly to other Funds would AGENCY: Securities and Exchange Commission’s Secretary and serving Commission (‘‘Commission’’). earn interest at a rate higher than they applicants with a copy of the request, otherwise could obtain from investing ACTION: Notice. personally or by mail. Hearing requests their cash in repurchase agreements or should be received by the Commission certain other short term money market Notice of an application for an order by 5:30 p.m. on April 17, 2017 and pursuant to: (a) Section 6(c) of the instruments. Thus, applicants assert that should be accompanied by proof of the facility would benefit both Investment Company Act of 1940 service on the applicants, in the form of (‘‘Act’’) granting an exemption from borrowing and lending Funds. an affidavit, or, for lawyers, a certificate 3. Applicants agree that any order sections 18(f) and 21(b) of the Act; (b) of service. Pursuant to Rule 0–5 under section 12(d)(1)(J) of the Act granting an granting the requested relief will be the Act, hearing requests should state subject to the terms and conditions exemption from section 12(d)(1) of the the nature of the writer’s interest, any Act; (c) sections 6(c) and 17(b) of the stated in the application. Among others, facts bearing upon the desirability of a the Adviser, through a designated Act granting an exemption from sections hearing on the matter, the reason for the 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; committee, would administer the request, and the issues contested. facility as a disinterested fiduciary as and (d) section 17(d) of the Act and rule Persons who wish to be notified of a 17d–1 under the Act to permit certain part of its duties under the investment hearing may request notification by management and administrative joint arrangements and transactions. writing to the Commission’s Secretary. Applicants request an order that would agreements with the Funds and would permit certain registered open-end ADDRESSES: Secretary, U.S. Securities receive no additional fee as management investment companies to and Exchange Commission, 100 F Street compensation for its services in participate in a joint lending and NE., Washington, DC, 20549–1090; connection with the administration of borrowing facility. Applicants: Emile D. Wrapp, the facility. The facility would be AllianceBernstein L.P., 1345 Avenue of subject to oversight and certain APPLICANTS: AB Bond Fund, Inc., AB the Americas, New York, New York approvals by the Funds’ Board, Cap Fund, Inc., AB Core Opportunities 10105 and Paul M. Miller, Seward & including, among others, approval of the Fund, Inc., AB Corporate Shares, AB Kissel LLP, 901 K Street NW., Suite 800, interest rate formula and of the method Discovery Growth Fund, Inc., AB Equity Washington, DC 20001. for allocating loans across Funds, as Income Fund, Inc., AB Government well as review of the process in place to Exchange Reserves, AB Fixed-Income FOR FURTHER INFORMATION CONTACT: evaluate the liquidity implications for Shares, Inc., AB Global Bond Fund, Inc., Emerson S. Davis, Senior Counsel, at the Funds. A Fund’s aggregate AB Global Real Estate Investment Fund, (202) 551–6868 or Nadya Roytblat, outstanding interfund loans will not Inc., AB Global Risk Allocation Fund, Assistant Chief Counsel, at (202) 551– exceed 15% of its net assets, and the Inc., AB Sustainable Global Thematic, 6823 (Division of Investment Fund’s loans to any one Fund will not Inc., AB Relative Value Fund, Inc., AB Management, Chief Counsel’s Office). exceed 5% of the lending Fund’s net High Income Fund, Inc., AB SUPPLEMENTARY INFORMATION: The assets.4 Institutional Funds, Inc., AB following is a summary of the 4. Applicants assert that the facility International Growth Fund, Inc., AB application. The complete application does not raise the concerns underlying Large Cap Growth Fund, Inc., AB may be obtained via the Commission’s Web site by searching for the file Municipal Income Fund, Inc., AB 2 Applicants request that the order apply to the Municipal Income Fund II, AB Trust, number, or an applicant using the applicants and to any existing or future registered AB Unconstrained Bond Fund, Inc., AB Company name box, at http:// open-end or closed-end management investment Variable Products Series Fund, Inc., www.sec.gov/search/search.htm or by company or series thereof for which the Adviser or calling (202) 551–8090. any successor thereto or an investment adviser Sanford C. Bernstein Fund, Inc., Sanford controlling, controlled by, or under common C. Bernstein Fund II, Inc., Bernstein Summary of the Application control with the Adviser or any successor thereto Fund, Inc., The AB Pooling Portfolios, serves as investment adviser (each a ‘‘Fund’’ and The AB Portfolios, Alliance California 1. Applicants request an order that collectively the ‘‘Funds’’ and each such investment Municipal Income Fund, Inc., Alliance would permit the applicants to adviser an ‘‘Adviser’’). For purposes of the participate in an interfund lending requested order, ‘‘successor’’ is limited to any entity Bernstein Global High Income Fund, that results from a reorganization into another Inc., AllianceBernstein National facility where each Fund could lend jurisdiction or a change in the type of a business Municipal Income Fund, Inc. and AB money directly to and borrow money organization. Multi-Manager Alternative Fund, each 3 Any Fund, however, will be able to call a loan 1 The Funds (as defined below) that are closed- on one business day’s notice. an investment company organized as a end management investment companies will not 4 Under certain circumstances, a borrowing Fund Maryland corporation or a participate as borrowers in the interfund lending will be required to pledge collateral to secure the Massachusetts business trust and facility. loan.

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section 12(d)(1) of the Act given that the prohibited by section 17(a) if it finds Section 19(b)(2) of the Act 5 provides Funds are part of the same group of that (a) the terms of the proposed that within 45 days of the publication of investment companies and there will be transaction are fair and reasonable and notice of the filing of a proposed rule no duplicative costs or fees to the do not involve overreaching on the part change, or within such longer period up Funds.5 Applicants also assert that the of any person concerned; (b) the to 90 days as the Commission may proposed transactions do not raise the proposed transaction is consistent with designate if it finds such longer period concerns underlying sections 17(a)(1), the policies of each registered to be appropriate and publishes its 17(a)(3), 17(d) and 21(b) of the Act as investment company involved; and (c) reasons for so finding, or as to which the the Funds would not engage in lending the proposed transaction is consistent self-regulatory organization consents, transactions that unfairly benefit with the general purposes of the Act. the Commission shall either approve the insiders or are detrimental to the Funds. Rule 17d–1(b) under the Act provides proposed rule change, disapprove the Applicants state that the facility will that in passing upon an application filed proposed rule change, or institute offer both reduced borrowing costs and under the rule, the Commission will proceedings to determine whether the enhanced returns on loaned funds to all consider whether the participation of proposed rule change should be participating Funds and each Fund the registered investment company in a disapproved. The 45th day after would have an equal opportunity to joint enterprise, joint arrangement or publication of the notice for this borrow and lend on equal terms based profit sharing plan on the basis proposed rule change is March 26, 2017. on an interest rate formula that is proposed is consistent with the The Commission is extending this 45- objective and verifiable. With respect to provisions, policies and purposes of the day time period. the relief from section 17(a)(2) of the Act and the extent to which such The Commission finds it appropriate Act, applicants note that any collateral participation is on a basis different from to designate a longer period within pledged to secure an interfund loan or less advantageous than that of the which to take action on the proposed would be subject to the same conditions other participants. rule change so that it has sufficient time imposed by any other lender to a Fund For the Commission, by the Division of to consider the proposed rule change. that imposes conditions on the quality Investment Management, under delegated Accordingly, the Commission, pursuant of or access to collateral for a borrowing authority. to Section 19(b)(2) of the Act,6 (if the lender is another Fund) or the Eduardo A. Aleman, designates May 10, 2017, as the date by same or better conditions (in any other Assistant Secretary. which the Commission shall either 6 circumstance). [FR Doc. 2017–06084 Filed 3–27–17; 8:45 am] approve or disapprove, or institute 5. Applicants also believe that the BILLING CODE 8011–01–P proceedings to determine whether to limited relief from section 18(f)(1) of the disapprove, the proposed rule change Act that is necessary to implement the (File No. SR–NYSEArca–2017–06). facility (because the lending Funds are SECURITIES AND EXCHANGE For the Commission, by the Division of not banks) is appropriate in light of the COMMISSION Trading and Markets, pursuant to delegated conditions and safeguards described in authority.7 the application and because the open- [Release No. 34–80297; File No. SR– NYSEArca–2017–06] Eduardo A. Aleman, end Funds would remain subject to the Assistant Secretary. requirement of section 18(f)(1) that all Self-Regulatory Organizations; NYSE [FR Doc. 2017–06054 Filed 3–27–17; 8:45 am] borrowings of the open-end Fund, Arca, Inc.; Notice of Designation of a BILLING CODE 8011–01–P including combined interfund loans and Longer Period for Commission Action bank borrowings, have at least 300% on a Proposed Rule Change Relating asset coverage. to the Listing and Trading of Shares of SECURITIES AND EXCHANGE 6. Section 6(c) of the Act permits the the Bitcoin Investment Trust Under COMMISSION Commission to exempt any persons or NYSE Arca Equities Rule 8.201 transactions from any provision of the [Investment Company Act Release No. Act if such exemption is necessary or March 22, 2017. 32568; File No. 812–14397] appropriate in the public interest and On January 25, 2017, NYSE Arca, Inc. Spinnaker ETF Trust, et al. consistent with the protection of filed with the Securities and Exchange investors and the purposes fairly Commission (‘‘Commission’’), pursuant March 22, 2017. intended by the policy and provisions of to Section 19(b)(1) of the Securities AGENCY: Securities and Exchange the Act. Section 12(d)(1)(J) of the Act Exchange Act of 1934 (‘‘Act’’) 1 and Rule Commission (‘‘Commission’’). 2 provides that the Commission may 19b–4 thereunder, a proposed rule ACTION: Notice. exempt any person, security, or change to list and trade shares of Bitcoin transaction, or any class or classes of Investment Trust under NYSE Arca Notice of an application for an order persons, securities, or transactions, from Equities Rule 8.201. The proposed rule under section 6(c) of the Investment any provision of section 12(d)(1) if the change was published for comment in Company Act of 1940 (the ‘‘Act’’) for an exemption is consistent with the public the Federal Register on February 9, exemption from sections 2(a)(32), interest and the protection of investors. 2017.3 The Commission has received 5(a)(1), 22(d), and 22(e) of the Act and Section 17(b) of the Act authorizes the three comment letters on the proposed rule 22c–1 under the Act, under Commission to grant an order rule change.4 sections 6(c) and 17(b) of the Act for an permitting a transaction otherwise exemption from sections 17(a)(1) and 1 15 U.S.C. 78s(b)(1). 17(a)(2) of the Act, and under section 5 Applicants state that the obligation to repay an 2 17 CFR 240.19b–4. 12(d)(1)(J) for an exemption from interfund loan could be deemed to constitute a 3 See Securities Exchange Act Release No. 79955 sections 12(d)(1)(A) and 12(d)(1)(B) of security for the purposes of sections 17(a)(1) and (Jan. 3, 2017), 82 FR 7891. the Act. The requested order would 12(d)(1) of the Act. 4 All comments on the proposed rule change as 6 Applicants state that any pledge of securities to of March 15, 2017 are available on the secure an interfund loan could constitute a Commission’s Web site at: https://www.sec.gov/ 5 15 U.S.C. 78s(b)(2). purchase of securities for purposes of section comments/sr-nysearca-2017-06/ 6 Id. 17(a)(2) of the Act. nysearca201706.htm. 7 17 CFR 200.30–3(a)(31).

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permit (a) actively-managed series of ADDRESSES: Brent J. Fields, Secretary, generally on an in-kind basis. Except certain open-end management Securities and Exchange Commission, where the purchase or redemption will investment companies (‘‘Funds’’) to 100 F Street NE., Washington, DC include cash under the limited issue shares redeemable in large 20549–1090; Applicants: the Initial circumstances specified in the aggregations only (‘‘Creation Units’’); (b) Adviser and the Trust, 116 South application, purchasers will be required secondary market transactions in Fund Franklin Street, Rocky Mount, NC to purchase Creation Units by shares to occur at negotiated market 27804; and the Initial Distributor, 100 E. depositing specified instruments prices rather than at net asset value Forks Road, Suite 200, Raleigh, NC (‘‘Deposit Instruments’’), and (‘‘NAV’’); (c) certain Funds to pay 27609. shareholders redeeming their shares redemption proceeds, under certain FOR FURTHER INFORMATION CONTACT: will receive specified instruments circumstances, more than seven days Courtney S. Thornton, Senior Counsel, (‘‘Redemption Instruments’’). The after the tender of shares for at (202) 551–6812, or Robert H. Shapiro Deposit Instruments and the redemption; (d) certain affiliated at (202) 551–6821 (Division of Redemption Instruments will each persons of a Fund to deposit securities Investment Management, Chief correspond pro rata to the positions in into, and receive securities from, the Counsel’s Office). the Fund’s portfolio (including cash positions) except as specified in the Fund in connection with the purchase SUPPLEMENTARY INFORMATION: The application. and redemption of Creation Units; (e) following is a summary of the 4. Because shares will not be certain registered management application. The complete application individually redeemable, applicants investment companies and unit may be obtained via the Commission’s request an exemption from section investment trusts outside of the same Web site by searching for the file 5(a)(1) and section 2(a)(32) of the Act group of investment companies as the number, or for an applicant using the that would permit the Funds to register Funds (‘‘Funds of Funds’’) to acquire Company name box, at http:// as open-end management investment shares of the Funds; and (f) certain www.sec.gov/search/search.htm or by companies and issue shares that are Funds (‘‘Feeder Funds’’) to create and calling (202) 551–8090. redeem Creation Units in-kind in a redeemable in Creation Units only. master-feeder structure. Summary of the Application 5. Applicants also request an exemption from section 22(d) of the Act APPLICANTS: OBP Capital, LLC (the 1. Applicants request an order that would allow Funds to operate as and rule 22c–1 under the Act as ‘‘Initial Adviser’’), a Delaware limited secondary market trading in shares will liability company registered as an actively-managed exchange traded funds (‘‘ETFs’’).1 Fund shares will be take place at negotiated prices, not at a investment adviser under the current offering price described in a purchased and redeemed at their NAV Investment Advisers Act of 1940, Fund’s prospectus, and not at a price in Creation Units only. All orders to Spinnaker ETF Trust (the ‘‘Trust’’), a based on NAV. Applicants state that (a) purchase Creation Units and all Delaware statutory trust that is secondary market trading in shares does redemption requests will be placed by registered under the Act as an open-end not involve a Fund as a party and will or through an ‘‘Authorized Participant’’, management investment company with not result in dilution of an investment which will have signed a participant multiple series, and Capital Investment in shares, and (b) to the extent different agreement with the Distributor. Shares Group, Inc. (the ‘‘Initial Distributor’’), a prices exist during a given trading day, will be listed and traded individually on North Carolina corporation and broker- or from day to day, such variances occur a national securities exchange, where dealer registered under the Securities as a result of third-party market forces, Exchange Act of 1934 (the ‘‘Exchange share prices will be based on the current such as supply and demand. Therefore, Act’’). bid/offer market. Certain Funds may applicants assert that secondary market operate as Feeder Funds in a master- transactions in shares will not lead to FILING DATES: The application was filed feeder structure. Any order granting the on December 5, 2014, and amended on discrimination or preferential treatment requested relief would be subject to the among purchasers. Finally, applicants April 6, 2015, April 10, 2015, January terms and conditions stated in the 13, 2017, and February 14, 2017. represent that share market prices will application. be disciplined by arbitrage 2. Each Fund will consist of a HEARING OR NOTIFICATION OF HEARING: An opportunities, which should prevent order granting the requested relief will portfolio of securities and other assets shares from trading at a material be issued unless the Commission orders and investment positions (‘‘Portfolio discount or premium from NAV. a hearing. Interested persons may Holdings’’). Each Fund will disclose on 6. With respect to Funds that hold request a hearing by writing to the its Web site the identities and quantities non-U.S. Portfolio Holdings and that Commission’s Secretary and serving of the Portfolio Holdings that will form effect creations and redemptions of applicants with a copy of the request, the basis for the Fund’s calculation of Creation Units in kind, applicants personally or by mail. Hearing requests NAV at the end of the day. request relief from the requirement should be received by the Commission 3. Shares will be purchased and imposed by section 22(e) in order to by 5:30 p.m. on April 17, 2017, and redeemed in Creation Units and allow such Funds to pay redemption should be accompanied by proof of proceeds within fifteen calendar days 1 Applicants request that the order apply to the service on applicants, in the form of an initial series of the Trust and any future series of following the tender of Creation Units affidavit, or for lawyers, a certificate of the Trust offering exchange-traded shares, as well for redemption. Applicants assert that service. Pursuant to rule 0–5 under the as other existing or future open-end management the requested relief would not be Act, hearing requests should state the companies or existing or future series thereof inconsistent with the spirit and intent of offering exchange-traded shares (and their nature of the writer’s interest, any facts respective existing or future Master Funds, as section 22(e) to prevent unreasonable, bearing upon the desirability of a defined below), that will utilize active management undisclosed or unforeseen delays in the hearing on the matter, the reason for the investment strategies (collectively, ‘‘Future actual payment of redemption proceeds. request, and the issues contested. Funds’’). Any Future Fund will (a) be advised by 7. Applicants request an exemption to the Initial Adviser or an entity controlling, Persons who wish to be notified of a controlled by, or under common control with the permit Funds of Funds to acquire Fund hearing may request notification by Initial Adviser (each, an ‘‘Adviser’’) and (b) comply shares beyond the limits of section writing to the Commission’s Secretary. with the terms and conditions of the application. 12(d)(1)(A) of the Act; and the Funds,

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and any principal underwriter for the 10. Section 6(c) of the Act permits the 409 3rd Street SW., Suite 6050, Funds, and/or any broker or dealer Commission to exempt any persons or Washington, DC 20416. registered under the Exchange Act, to transactions from any provision of the SUPPLEMENTARY INFORMATION: Notice is sell shares to Funds of Funds beyond Act if such exemption is necessary or hereby given that as a result of the the limits of section 12(d)(1)(B) of the appropriate in the public interest and Administrator’s disaster declaration, Act. The application’s terms and consistent with the protection of applications for disaster loans may be conditions are designed to, among other investors and the purposes fairly filed at the address listed above or other things, help prevent any potential (i) intended by the policy and provisions of locally announced locations. undue influence over a Fund through the Act. Section 12(d)(1)(J) of the Act The following areas have been control or voting power, or in provides that the Commission may determined to be adversely affected by connection with certain services, exempt any person, security, or the disaster: transactions, and underwritings, (ii) transaction, or any class or classes of Primary Counties: Colusa, Lake, Lassen, excessive layering of fees, and (iii) persons, securities, or transactions, from Plumas, Santa Clara, Santa Cruz. overly complex fund structures, which any provision of section 12(d)(1) if the Contiguous Counties: are the concerns underlying the limits exemption is consistent with the public California: Alameda, Butte, Glenn, in sections 12(d)(1)(A) and (B) of the interest and the protection of investors. Mendocino, Merced, Modoc, Act. Section 17(b) of the Act authorizes the Monterey, Napa, San Benito, San 8. Applicants request an exemption Commission to grant an order Joaquin, San Mateo, Shasta, Sierra, from sections 17(a)(1) and 17(a)(2) of the permitting a transaction otherwise Sonoma, Stanislaus, Sutter, Act to permit persons that are Affiliated prohibited by section 17(a) if it finds Tehama, Yolo, Yuba. Persons, or Second Tier Affiliates, of the that (a) the terms of the proposed Nevada: Washoe. Funds, solely by virtue of certain transaction are fair and reasonable and The Interest Rates are: ownership interests, to effectuate do not involve overreaching on the part purchases and redemptions in-kind. The of any person concerned; (b) the Percent deposit procedures for in-kind proposed transaction is consistent with purchases of Creation Units and the the policies of each registered For Physical Damage: redemption procedures for in-kind investment company involved; and (c) Homeowners with Credit Avail- redemptions of Creation Units will be the proposed transaction is consistent able Elsewhere ...... 3.750 the same for all purchases and with the general purposes of the Act. Homeowners without Credit redemptions and Deposit Instruments Available Elsewhere ...... 1.875 For the Commission, by the Division of Businesses with Credit Avail- and Redemption Instruments will be Investment Management, under delegated able Elsewhere ...... 6.300 valued in the same manner as those authority. Businesses without Credit Portfolio Holdings currently held by the Eduardo A. Aleman, Available Elsewhere ...... 3.150 Funds. Applicants also seek relief from Assistant Secretary. Non-Profit Organizations with Credit Available Elsewhere ... 2.500 the prohibitions on affiliated [FR Doc. 2017–06085 Filed 3–27–17; 8:45 am] transactions in section 17(a) to permit a Non-Profit Organizations with- BILLING CODE 8011–01–P Fund to sell its shares to and redeem its out Credit Available Else- shares from a Fund of Funds, and to where ...... 2.500 engage in the accompanying in-kind For Economic Injury: 2 SMALL BUSINESS ADMINISTRATION Businesses & Small Agricultural transactions with the Fund of Funds. Cooperatives without Credit The purchase of Creation Units by a [Disaster Declaration #15092 and #15093] Available Elsewhere ...... 3.150 Fund of Funds directly from a Fund will Non-Profit Organizations with- be accomplished in accordance with the California Disaster #CA–00263 out Credit Available Else- policies of the Fund of Funds and will where ...... 2.500 be based on the NAVs of the Funds. AGENCY: U.S. Small Business 9. Applicants also request relief to Administration. The number assigned to this disaster permit a Feeder Fund to acquire shares ACTION: Notice. for physical damage is 15092 6 and for of another registered investment economic injury is 15093 0. SUMMARY: This is a notice of an company managed by the Adviser The States which received an EIDL Administrative declaration of a disaster having substantially the same Declaration # are California, Nevada. for the State of California dated 03/20/ investment objectives as the Feeder 2017. (Catalog of Federal Domestic Assistance Fund (‘‘Master Fund’’) beyond the Number 59008) Incident: Severe Storms and Flooding. limitations in section 12(d)(1)(A) and Incident Period: 02/01/2017 through Dated: March 20, 2017. permit the Master Fund, and any 02/25/2017. Linda E. McMahon, principal underwriter for the Master Administrator. Fund, to sell shares of the Master Fund DATES: Effective Date: 03/20/2017. to the Feeder Fund beyond the Physical Loan Application Deadline [FR Doc. 2017–06031 Filed 3–27–17; 8:45 am] limitations in section 12(d)(1)(B). Date: 05/19/2017. BILLING CODE 8025–01–P Economic Injury (EIDL) Loan

2 Application Deadline Date: 12/20/2017. The requested relief would apply to direct sales SMALL BUSINESS ADMINISTRATION of shares in Creation Units by a Fund to a Fund of ADDRESSES: Submit completed loan Funds and redemptions of those shares. Applicants, applications to: U.S. Small Business [Disaster Declaration #15090 and #15091] moreover, are not seeking relief from section 17(a) for, and the requested relief will not apply to, Administration, Processing and transactions where a Fund could be deemed an Disbursement Center, 14925 Kingsport Kentucky Disaster #KY–00064 Affiliated Person, or a Second-Tier Affiliate, of a Road, Fort Worth, TX 76155. AGENCY: U.S. Small Business Fund of Funds because an Adviser or an entity FOR FURTHER INFORMATION CONTACT: controlling, controlled by or under common control A. Administration. Escobar, Office of Disaster Assistance, with an Adviser provides investment advisory ACTION: Notice. services to that Fund of Funds. U.S. Small Business Administration,

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SUMMARY: This is a notice of an Dated: March 20, 2017. disaster for Public Assistance Only for Administrative declaration of a disaster Linda E. McMahon, the State of California (FEMA–4305– for the Commonwealth of Kentucky Administrator. DR), dated 03/16/2017. dated 03/20/2017. [FR Doc. 2017–06034 Filed 3–27–17; 8:45 am] Incident: Severe Winter Storms, Incident: Severe Thunderstorms, Hail, BILLING CODE 8025–01–P Flooding, and Mudslides. Damaging Winds, and Tornadoes. Incident Period: 01/18/2017 through Incident Period: 02/28/2017 through 01/23/2017. 03/01/2017. SMALL BUSINESS ADMINISTRATION DATES: Effective Date: 03/16/2017. DATES: Effective Date: 03/20/2017. [Disaster Declaration #15047 and #15048] Physical Loan Application Deadline Physical Loan Application Deadline Date: 05/19/2017. Oklahoma Disaster Number OK–00109 Date: 05/15/2017. Economic Injury (EIDL) Loan Economic Injury (EIDL) Loan AGENCY: U.S. Small Business Application Deadline Date: 12/18/2017. Application Deadline Date: 12/20/2017. Administration. ADDRESSES: Submit completed loan ACTION: Amendment 1. ADDRESSES: Submit completed loan applications to: U.S. Small Business applications to: U.S. Small Business Administration, Processing and SUMMARY: This is an amendment of the Administration Processing and Disbursement Center, 14925 Kingsport Presidential declaration of a major Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. disaster for Public Assistance Only for Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. the State of Oklahoma (FEMA–4299– DR), dated 02/10/2017. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, Escobar, Office of Disaster Assistance, U.S. Small Business Administration, Incident: Severe Winter Storm. Incident Period: 01/13/2017 through U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, 01/16/2017. 409 3rd Street SW., Suite 6050, Washington, DC 20416. Effective Date: 03/16/2017. Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is Physical Loan Application Deadline SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Date: 04/11/2017. hereby given that as a result of the Administrator’s disaster declaration, Economic Injury (EIDL) Loan President’s major disaster declaration on applications for disaster loans may be Application Deadline Date: 11/13/2017. 03/16/2017, Private Non-Profit filed at the address listed above or other ADDRESSES: Submit completed loan organizations that provide essential locally announced locations. applications to: U.S. Small Business services of governmental nature may file The following areas have been Administration, Processing and disaster loan applications at the address determined to be adversely affected by Disbursement Center, 14925 Kingsport listed above or other locally announced the disaster: Road, Fort Worth, TX 76155. locations. Primary Counties: Estill. FOR FURTHER INFORMATION CONTACT: A. The following areas have been Contiguous Counties: Escobar, Office of Disaster Assistance, determined to be adversely affected by Kentucky: Clark, Jackson, Lee, U.S. Small Business Administration, the disaster: Madison, Powell. 409 3rd Street SW., Suite 6050, The Interest Rates are: Washington, DC 20416. Primary Counties: El Dorado, Kern, Los SUPPLEMENTARY INFORMATION: The notice Angeles, Mendocino, Napa, Orange, Percent of the President’s major disaster Riverside, Sacramento, San Diego, declaration for Private Non-Profit San Luis Obispo, San Mateo, Santa For Physical Damage: organizations in the State of Oklahoma, Barbara, Santa Cruz, Trinity, Homeowners with Credit Avail- Tuolumne, Yolo able Elsewhere ...... 3.750 dated 02/10/2017, is hereby amended to Homeowners without Credit include the following areas as adversely The Interest Rates are: Available Elsewhere ...... 1.875 affected by the disaster. Businesses with Credit Avail- Primary Counties: Blaine. Percent able Elsewhere ...... 6.300 All other information in the original Businesses without Credit declaration remains unchanged. For Physical Damage: Available Elsewhere ...... 3.150 Non-Profit Organizations with (Catalog of Federal Domestic Assistance Credit Available Elsewhere ... 2.500 Non-Profit Organizations with Number 59008) Credit Available Elsewhere ... 2.500 Non-Profit Organizations with- Non-Profit Organizations with- James E. Rivera, out Credit Available Else- out Credit Available Else- Associate Administrator for Disaster where ...... 2.500 where ...... 2.500 Assistance. For Economic Injury: Non-Profit Organizations with- For Economic Injury: [FR Doc. 2017–06030 Filed 3–27–17; 8:45 am] Businesses & Small Agricultural out Credit Available Else- BILLING CODE 8025–01–P Cooperatives without Credit where ...... 2.500 Available Elsewhere ...... 3.150 Non-Profit Organizations with- SMALL BUSINESS ADMINISTRATION The number assigned to this disaster out Credit Available Else- for physical damage is 15088B and for where ...... 2.500 [Disaster Declaration #15088 and #15089] economic injury is 15089B. The number assigned to this disaster California Disaster #CA–00264 (Catalog of Federal Domestic Assistance Number 59008) for physical damage is 15090 B and for AGENCY: U.S. Small Business economic injury is 15091 0. James E. Rivera, Administration. The States which received an EIDL Associate Administrator for Disaster ACTION: Declaration # are Kentucky. Notice. Assistance. (Catalog of Federal Domestic Assistance SUMMARY: This is a Notice of the [FR Doc. 2017–06032 Filed 3–27–17; 8:45 am] Numbers 59002 and 59008) Presidential declaration of a major BILLING CODE 8025–01–P

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SOCIAL SECURITY ADMINISTRATION collection(s) to the OMB Desk Officer Notice—20 CFR 404.502–404.513, and SSA Reports Clearance Officer at 404.515, 416.550–416.570, and [Docket No: SSA–2017–0013] the following addresses or fax numbers. 416.572—0960–0037. When Social Agency Information Collection (OMB), Office of Management and Security beneficiaries and Supplemental Activities: Proposed Request and Budget, Attn: Desk Officer for SSA, Security Income (SSI) recipients receive Comment Request Fax: 202–395–6974, Email address: an overpayment, they must return the [email protected] extra money. These beneficiaries and The Social Security Administration (SSA), Social Security Administration, recipients can use Form SSA–632–BK to (SSA) publishes a list of information OLCA, Attn: Reports Clearance take one of three actions: (1) Request an collection packages requiring clearance Director, 3100 West High Rise, 6401 exemption from repaying, as recovery of by the Office of Management and Security Blvd., Baltimore, MD 21235, the payment would cause financial Budget (OMB) in compliance with Fax: 410–966–2830, Email address: hardship; (2) inform SSA they want to Public Law 104–13, the Paperwork [email protected] repay the overpayment at a monthly rate Reduction Act of 1995, effective October Or you may submit your comments over a period longer than 36 months; or 1, 1995. This notice includes revisions online through www.regulations.gov, (3) request a different rate of recovery. of OMB-approved information referencing Docket ID Number [SSA– collections. 2017–0013]. In the latter two cases, the respondents SSA is soliciting comments on the I. The information collections below must also provide financial information accuracy of the agency’s burden are pending at SSA. SSA will submit to help the agency determine how much estimate; the need for the information; them to OMB within 60 days from the the overpaid person can afford to repay its practical utility; ways to enhance its date of this notice. To be sure we each month. Respondents are overpaid quality, utility, and clarity; and ways to consider your comments, we must beneficiaries or SSI recipients who are minimize burden on respondents, receive them no later than May 30, requesting: (1) A waiver of recovery of including the use of automated 2017. Individuals can obtain copies of an overpayment, or (2) a lesser rate of collection techniques or other forms of the collection instruments by writing to withholding. information technology. Mail, email, or the above email address. Type of Request: Revision of an OMB- fax your comments and 1. Request for Waiver of Overpayment approved information collection. recommendations on the information Recovery or Change in Repayment

Average Estimated Number of Frequency burden per total annual Modality of completion respondents of response response burden (minutes) (hours)

Waiver of Overpayment (Completes Whole Paper Form) ...... 400,000 1 120 800,000 Change in Repayment (Completes Partial Paper Form) ...... 100,000 1 45 75,000 Regional Application (New York Debt Management) ...... 44,000 1 120 88,000 Internet Instructions ...... 500,000 1 5 41,667

Totals ...... 1,044,000 ...... 1,004,667

2. RS/DI Quality Review Case regarding problem areas in the Payee Telephone Contact). To help the Analysis: Sampled Number Holder; Retirement Survivors Insurance (RSI) beneficiary prepare for the interview, Auxiliaries/Survivors; Parent; and and Disability Insurance (DI) programs. we include three forms with each Stewardship Annual Earnings Test— We also use the information to measure notice: (1) SSA–85 (Information Needed 0960–0189. Section 205(a) of the Social the accuracy rate for newly adjudicated to Review Your Social Security Claim) Security Act (Act) authorizes the RSI or DI cases. SSA uses Form SSA– lists the information the beneficiary will Commissioner of SSA to conduct the 4659 to evaluate the effectiveness of the need to gather for the interview; (2) quality review process, which entails annual earnings test, and to use the SSA–2935 (Authorization to the Social collecting information related to the results in developing ongoing Security Administration to Obtain accuracy of payments made under the improvements in the process. About Personal Information) verifies the Old-Age, Survivors, and Disability twenty-five percent of respondents will beneficiary’s correct payment amount, if Insurance Program (OASDI). Sections have in-person reviews and receive one 228(a)(3), 1614(a)(1)(B), and 1836(2) of of the following appointment letters: (1) necessary; and (3) SSA–8552 (Interview the Act require a determination of the SSA–L8550–U3 (Appointment Letter— Confirmation) confirms or reschedules citizenship or alien status of the Sample Individual); (2) SSA–L8551–U3 the interview if necessary. The beneficiary; this is only one item that (Appointment Letter—Sample Family); respondents are a statistically valid we might question as part of the Annual or (3) the SSA–L8552–U3 (Appointment sample of all OASDI beneficiaries in Quality review. SSA uses Forms SSA– Letter—Rep Payee). Seventy-five current pay status or their representative 2930, SSA–2931, and SSA–2932 to percent of respondents will receive a payees. establish a national payment accuracy notice for a telephone review using the Type of Request: Revision of an OMB- rate for all cases in payment status, and SSA–L8553–U3 (Beneficiary Telephone approved information collection. to serve as a source of information Contact) or the SSA–L8554–U3 (Rep

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Average Estimated Number of Frequency burden per total annual Modality of completion respondents of response response burden (minutes) (hours)

SSA–2930 ...... 1,500 1 30 750 SSA–2931 ...... 850 1 30 425 SSA–4659 ...... 325 1 10 54 SSA–L8550–U3 ...... 385 1 5 32 SSA–L8551–U3 ...... 95 1 5 8 SSA–L8552–U3 ...... 35 1 5 3 SSA–L8553–U3 ...... 4970 1 5 414 SSA–L8554–U3 ...... 705 1 5 59 SSA–8552 ...... 2350 1 5 196 SSA–85 ...... 3850 1 5 321 SSA–2935 ...... 2350 1 5 196 SSA–8510 (also saved under OMB No. 0960–0707) ...... 800 1 5 67

Totals ...... 17,700 ...... 2,525

3. Electronic Records Express—20 registration process. SSA employees and who evaluate or treat disability CFR 404.1512 and 416.912—0960–0753. State agency employees request the claimants or recipients, and other third Electronic Records Express (ERE) is a medical and educational records parties with connections to disability Web-based SSA program which allows collected through the ERE Web site. The applicants or recipients (e.g., teachers medical and educational providers to agency uses the information collected and school administrators for child electronically submit disability claimant through ERE to make a determination on disability applicants), who voluntarily data to SSA. Both medical providers an Application for Benefits. We also use choose to use ERE for submitting and other third parties with connections the ERE Web site to order and receive information. to disability applicants or recipients consultative examinations when we are (e.g., teachers and school administrators unable to collect enough medical Type of Request: Revision of an OMB- for child disability applicants) use this records to determine disability findings. approved information collection. system once they complete the The respondents are medical providers

Average Estimated Number of Frequency burden per total annual Modality of completion respondents of response response burden (minutes) (hours)

ERE ...... 5,376,998 1 10 896,166

II. SSA submitted the information by writing to OR.Reports.Clearance@ other duties and responsibilities collections below to OMB for clearance. ssa.gov. required of representative payees; and Your comments regarding these 1. State Mental Institution Policy (3) as the basis for conducting onsite information collections would be most Review Booklet—20 CFR 404.2035, reviews of the institutions and useful if OMB and SSA receive them 30 404.2065, 416.635, & 416.665—0960– preparing subsequent reports of days from the date of this publication. 0110. SSA uses Form SSA–9584–BK: (1) findings. The respondents are state To be sure we consider your comments, To determine if the policies and mental institutions serving as we must receive them no later than practices of a state mental institution representative payees for Social Security acting as a representative payee for SSA April 27, 2017. Individuals can obtain beneficiaries and SSI recipients. beneficiaries conform to SSA’s copies of the OMB clearance packages regulations in the use of benefits; (2) to Type of Request: Revision of an OMB- confirm institutions are performing approved information collection.

Average Estimated Number of Frequency burden per total annual Modality of completion respondents of response response burden (minutes) (hours)

SSA–9584–BK ...... 69 1 60 69

2. Statement of Death by Funeral SSA uses this information for three the lump-sum death payment or for Director—20 CFR 404.715 and purposes: (1) To establish proof of death other death benefits. The respondents 404.720—0960–0142. When an SSA- for the insured worker; (2) to determine are funeral directors who handled death insured worker dies, the funeral director if the insured individual was receiving arrangements for the insured or funeral home responsible for the any pre-death benefits SSA needs to individuals. worker’s burial or cremation completes terminate; and (3) to ascertain which Type of Request: Revision of an OMB- Form SSA–721 and sends it to SSA. surviving family member is eligible for approved information collection.

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Average Estimated Number of Frequency burden per total annual Modality of completion respondents of response response burden (minutes) (hours)

SSA–721 ...... 703,638 1 4 46,909

3. Employee Identification credit the earnings to the correct employers involved in erroneous wage Statement—20 CFR 404.702—0960– individual and SSN. We send the SSA– reporting for an employee. 0473. When two or more individuals 4156 to the employer to: (1) Identify the Type of Request: Revision of an OMB- report earnings under the same Social employees involved; (2) resolve the approved information collection. Security Number (SSN), SSA collects discrepancy; and (3) credit the earnings information on Form SSA–4156 to to the correct SSN. The respondents are

Average Estimated Number of Frequency of burden per total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–4156 ...... 4,750 1 10 792

4. Employee Work Activity to return to work after receiving eligibility for disability payments. The Questionnaire—20 CFR 404.1574, payments, but are unable to continue respondents are employers of SSDI 404.1592—0960–0483. Social Security working, they submit the SSA–3033, beneficiaries and SSI recipients who Disability Insurance (SSDI) beneficiaries Employee Work Activity Questionnaire, unsuccessfully attempted to return to and SSI recipients qualify for payments so SSA can evaluate their work attempt. work. when a verified physical or mental SSA also uses this form to evaluate Type of Request: Revision of an OMB- impairment prevents them from unsuccessful subsidy work and working. If disability claimants attempt determine applicants’ continuing approved information collection.

Average Estimated Number of Frequency of burden per total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–3033–BK ...... 15,000 1 15 3,750

5. Request for Medical Treatment in authorized through a physician. Form officer to determine whether they can an SSA Employee Health Facility: SSA–5072 is the employee’s personal administer treatment safely and Patient Self-Administered or Staff physician’s order form. The information appropriately in the SSA EHCs. Administered Care—0960–0772. SSA we collect on Form SSA–5072 gives the Respondents are physicians of SSA operates onsite Employee Health Clinics nurses the guidance they need by law to employees who need to have medical (EHC) in eight different States. These perform certain medical procedures and treatment in an SSA EHC. clinics provide health care for all SSA to administer prescription medications employees including treatments of such as allergy immunotherapy. In Type of Request: Revision of an OMB- personal medical conditions when addition, the form allows the medical approved information collection.

Average Estimated Number of Frequency of Number of burden per total Modality of completion respondents response responses response annual burden (minutes) (hours)

SSA–5072 ...... Annually ...... 25 1 25 5 2 SSA–5072 ...... Bi-Annually ...... 75 2 150 5 13

Totals ...... 100 ...... 15

Dated: March 22, 2017. Naomi R. Sipple, Reports Clearance Officer, Social Security Administration. [FR Doc. 2017–06025 Filed 3–27–17; 8:45 am] BILLING CODE 4191–02–P

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DEPARTMENT OF TRANSPORTATION data-driven, strategic approach to electronic technology, without reducing improving highway safety on all public the quality of the collected information. Federal Highway Administration roads that focuses on performance. The agency will summarize and/or [Docket No. FHWA–2017–0004] The existing provisions of Title 23 include your comments in the request U.S.C. 130, Railway-Highway Crossings for OMB’s clearance of this information Agency Information Collection Program, as well as implementing collection. regulations in 23 CFR part 924, remain Activities: Request for Comments for a Authority: The Paperwork Reduction Act New Information Collection in effect. Included in these combined of 1995; 44 U.S.C. chapter 35, as amended; provisions are requirements for State and 49 CFR 1.48. AGENCY: Federal Highway DOTs to annually produce and submit Administration (FHWA), DOT. to FHWA by August 31 reports related Issued on: March 23, 2017. ACTION: Notice and request for to the implementation and effectiveness Michael Howell, comments. of their HSIPs, that are to include Information Collection Officer. information on: (a) Progress being made [FR Doc. 2017–06134 Filed 3–27–17; 8:45 am] SUMMARY: The FHWA invites public to implement HSIP projects and the BILLING CODE 4910–22–P comments about our intention to request effectiveness of these projects in the Office of Management and Budget’s reducing traffic fatalities and serious (OMB) approval for a new information injuries [Sections 148(h)]; and (b) DEPARTMENT OF TRANSPORTATION collection, which is summarized below progress being made to implement the under SUPPLEMENTARY INFORMATION. We Railway-Highway Crossings Program Federal Highway Administration are required to publish this notice in the and the effectiveness of the projects in Notice of Final Federal Agency Actions Federal Register by the Paperwork that program [sections 130(g) and on the Interstate 64 Peninsula Study in Reduction Act of 1995. 148(h)], which will be used by FHWA Virginia DATES: Please submit comments by May to produce and submit biennial reports 30, 2017. to Congress. To be able to produce these AGENCY: Federal Highway ADDRESSES: You may submit comments reports, State DOTs must have safety Administration (FHWA), DOT. identified by DOT Docket ID 2017–0004 data and analysis systems capable of ACTION: Notice of Limitation on Claims by any of the following methods: identifying and determining the relative for Judicial Review of Actions by Web site: For access to the docket to severity of hazardous highway locations FHWA. read background documents or on all public roads, based on both crash comments received go to the Federal experience and crash potential, as well SUMMARY: The actions relate to a eRulemaking Portal: Go to http:// as determining the effectiveness of proposed highway project that would www.regulations.gov. Follow the online highway safety improvement projects. widen approximately four miles of instructions for submitting comments. FHWA provides an online reporting tool Interstate 64 from approximately Exit Fax: 1–202–493–2251. to support the annual HSIP reporting 200 to approximately Exit 205. Those Mail: Docket Management Facility, process. Additional information is actions grant licenses, permits, and U.S. Department of Transportation, available on the Office of Safety Web approvals for the project. West Building Ground Floor, Room site at http://safety.fhwa.dot.gov/hsip/ DATES: By this notice, the FHWA is W12–140, 1200 New Jersey Avenue SE., resources/onrpttool/. Reporting into the advising the public of final agency Washington, DC 20590–0001. online reporting tool meets all report actions subject to 23 U.S.C. 139(l)(1). A Hand Delivery or Courier: U.S. requirements and USDOT Web site claim seeking judicial review of the Department of Transportation, West compatibility requirements. The Federal agency actions on the project Building Ground Floor, Room W12–140, information contained in the annual will be barred unless the claim is filed 1200 New Jersey Avenue SE., HSIP reports provides FHWA with a on or before August 25, 2017. If the Washington, DC 20590, between 9 a.m. means for monitoring the effectiveness Federal law that authorizes judicial and 5 p.m. ET, Monday through Friday, of these programs and may be used by review of a claim provides a time period except Federal holidays. Congress for determining the future of less than 150 days for filing such HSIP program structure and funding FOR FURTHER INFORMATION CONTACT: claim, then that shorter time period still levels. Karen Scurry, 609–637–4207, Office of applies. Respondents: 51 State Transportation Safety, Federal Highway FOR FURTHER INFORMATION CONTACT: For Departments, including the District of Administration, Department of FHWA: Mr. John Simkins, Planning and Columbia. Transportation, 840 Bear Tavern Road, Frequency: Annually. Environment Team Leader, Federal Suite 202, West Trenton, NJ, between 9 Estimated Average Burden per Highway Administration, 400 North 8th a.m. and 5 p.m., Monday through Response: 250 hours. Street, Richmond, Virginia 23219; Friday, except Federal holidays. Estimated Total Annual Burden telephone: (804) 775–3352; email: SUPPLEMENTARY INFORMATION: Hours: 12,750 hours (51 states at an [email protected]. The FHWA Title: Highway Safety Improvement average of 250 hours each). Virginia Division Office’s normal Program. Public Comments Invited: You are business hours are 7:00 a.m. to 5:00 p.m. Background: The Fixing America’s asked to comment on any aspect of this (Eastern Time). For the Virginia Surface Transportation (FAST) Act information collection, including: (1) Department of Transportation (VDOT): (Pub. L. 114–94) continues the Highway Whether the proposed collection is Mr. Scott Smizik, 1401 East Broad Safety Improvement Program (HSIP) as necessary for the FHWA’s performance; Street, Richmond, Virginia 23219; a core federal-aid program with the (2) the accuracy of the estimated email: [email protected]; purpose to achieve a significant burdens; (3) ways for the FHWA to telephone: (804) 371–4082. reduction in traffic fatalities and serious enhance the quality, usefulness, and SUPPLEMENTARY INFORMATION: Notice is injuries on all public roads, including clarity of the collected information; and hereby given that FHWA has taken final non-State-owned public roads and roads (4) ways that the burden could be agency actions subject to 23 U.S.C. on tribal lands. The HSIP requires a minimized, including the use of 139(l)(1) by issuing licenses, permits,

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and approvals for the following project DEPARTMENT OF TRANSPORTATION contracts between the State and the in the State of Virginia: The widening of Federal government that define the Interstate 64 for approximately four Federal Highway Administration extent of work to be undertaken and miles from approximately Exit 200 to [Docket No. FHWA–2017–0005] commitments made concerning a approximately Exit 205. The project highway project. Section 1305 of the would involve constructing one Agency Information Collection Transportation Equity Act for the 21st additional lane in each direction in the Activities: Request for Comments for a Century (TEA–21, Pub. L. 105–178) median. The actions taken by FHWA, New Information Collection amended 23 U.S.C. 106(a) and and the laws under which such actions combined authorization of work and were taken, are described in the Final AGENCY: Federal Highway Administration (FHWA), DOT. execution of the project agreement for a Environmental Impact Statement (FEIS), Federal-aid project into a single action. ACTION: Notice and request for approved on November 26, 2013, the States continue to have the flexibility to Request for the Record of Decision comments. use whatever format is suitable to (ROD) signed on August 26, 2016, and provide the statutory information the ROD issued on January 13, 2017, SUMMARY: The FHWA invites public and other documents in the FHWA comments about our intention to request required, and burden estimates for this project records. The FEIS, Request for approval from the Office of Management information collection are not changed. the ROD, and ROD can be viewed on the and Budget (OMB) for a new Respondents: There are 56 project’s Internet site at http:// information collection, which is respondents, including 50 State www.virginiadot.org/projects/richmond/ summarized below under Transportation Departments, the District i-64_widening_to_new_kent.asp. These SUPPLEMENTARY INFORMATION. We are of Columbia, the Commonwealth of required to publish this notice in the documents and other project records are Puerto Rico, the Commonwealth of the Federal Register by the Paperwork also available by contacting FHWA or Northern Mariana Islands, the Reduction Act of 1995. the Virginia Department of Territories of Guam, the Virgin Islands DATES: Transportation at the phone numbers Please submit comments by May and American Samoa. and addresses provided above. 30, 2017. Frequency: On an on-going basis as ADDRESSES: You may submit comments This notice applies to all Federal project agreements are written. agency decisions as of the issuance date identified by DOT Docket ID 2017–0005 of this notice and all laws under which by any of the following methods: Estimated Average Annual Burden such actions were taken, including but Web site: For access to the docket to per Response: There is an average of 400 not limited to: read background documents or annual agreements per respondent. Each comments received go to the Federal agreement requires 1 hour to complete. 1. General: National Environmental eRulemaking Portal: Go to http:// Policy Act (NEPA) [42 U.S.C. 4321– Estimated Total Annual Burden www.regulations.gov. Follow the online Hours: 22,400 hours. 4351]; Federal-Aid Highway Act instructions for submitting comments. (FAHA) [23 U.S.C. 109 and 23 U.S.C. Fax: 1–202–493–2251. Public Comments Invited: You are 128]. Mail: Docket Management Facility, asked to comment on any aspect of this 2. Air: Clean Air Act [42 U.S.C. 7401– U.S. Department of Transportation, information collection, including: (1) 7671(q)]. West Building Ground Floor, Room Whether the proposed collection is 3. Land: Section 4(f) of the W12–140, 1200 New Jersey Avenue SE., necessary for the FHWA’s performance; Department of Transportation Act of Washington, DC 20590–0001. (2) the accuracy of the estimated 1966 [23 U.S.C. 138 and 49 U.S.C. 303]. Hand Delivery or Courier: U.S. burdens; (3) ways for the FHWA to Department of Transportation, West enhance the quality, usefulness, and 4. Wildlife: Endangered Species Act Building Ground Floor, Room W12–140, clarity of the collected information; and [16 U.S.C. 1531–1544 and Section 1200 New Jersey Avenue SE., (4) ways that the burden could be 1536]. Washington, DC 20590, between 9 a.m. minimized, including the use of 5. Historic and Cultural Resources: and 5 p.m. ET, Monday through Friday, electronic technology, without reducing Section 106 of the National Historic except Federal holidays. the quality of the collected information. Preservation Act of 1966, as amended FOR FURTHER INFORMATION CONTACT: Mr. The agency will summarize and/or [16 U.S.C. 470(f) et seq.]. David Bartz, (512) 536–5906, Office of include your comments in the request 6. Social and Economic: Farmland Program Administration, Federal for OMB’s clearance of this information Protection Policy Act (FPPA) [7 U.S.C. Highway Administration, Department of collection. 4201–4209]. Transportation, 300 East 8th Street, Suite 826, Austin, Texas 78701. Office Authority: The Paperwork Reduction Act (Catalog of Federal Domestic Assistance hours are from 7:00 a.m. to 4:00 p.m., of 1995; 44 U.S.C. Chapter 35, as amended; Program Number 20.205, Highway Planning and 49 CFR 1.48. and Construction. The regulations Monday through Friday, except Federal implementing Executive Order 12372 holidays. Issued on: March 23, 2017. regarding intergovernmental consultation on SUPPLEMENTARY INFORMATION: Michael Howell, Federal programs and activities apply to this Title: Preparation and Execution of Information Collection Officer. program.) the Project Agreement and [FR Doc. 2017–06133 Filed 3–27–17; 8:45 am] Modifications. Authority: 23 U.S.C. 139(l)(1). BILLING CODE 4910–22–P OMB Control Number: 2125–0529. Issued on: March 21, 2017. Background: Formal agreements John Simkins, between State Transportation Planning and Environment Team Leader, Departments and the FHWA are Richmond, Virginia. required for Federal-aid highway [FR Doc. 2017–06104 Filed 3–27–17; 8:45 am] projects. These agreements, referred to BILLING CODE 4910–RY–P as ‘‘project agreements’’ are written

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DEPARTMENT OF TRANSPORTATION SE., Mail Stop 17, Washington, DC railroad operations under 49 U.S.C. 20590 (telephone: (202) 493–6292) or 20103. To conduct safe railroad Federal Railroad Administration Ms. Kimberly Toone, Information operations, the workforce must have the [Docket No. FRA–2017–0002–N–3] Collection Clearance Officer, Office of requisite skills to operate equipment Information Technology, RAD–20, and technologies. Therefore, it is FRA’s Proposed Agency Information Federal Railroad Administration, 1200 responsibility to promote workforce Collection Activities; Comment New Jersey Ave. SE., Mail Stop 35, development policy and standards to Request Washington, DC 20590 (telephone: (202) ensure the workforce has the necessary 493–6132). These telephone numbers skills and talent to conduct safe railroad AGENCY: Federal Railroad are not toll-free. operations. Due to an increasingly Administration (FRA), U.S. Department SUPPLEMENTARY INFORMATION: The PRA, dynamic and maturing workforce of Transportation (DOT). 44 U.S.C. 3501–3520, and its combined with changing skills’ ACTION: Notice and request for implementing regulations, 5 CFR part requirements new technologies impose, comments. 1320, require Federal agencies to there is an increasing risk of not having provide 60-days’ notice to the public to the necessary talent pools to fill critical SUMMARY: Under the Paperwork allow comment on information railroad operational positions. Reduction Act of 1995 (PRA) and its collection activities before seeking OMB In 2011, FRA published the Railroad implementing regulations, FRA is approval of the activities. 44 U.S.C. Industry Modal Profile: An Outline of seeking to conduct the information 3506(c)(2)(A); 5 CFR 1320.8(d)(1), the Railroad Industry Workforce Trends, collection activities listed below. Before 1320.10(e)(1), 1320.12(a). Specifically, Challenges, and Opportunities (Railroad submitting this information collection FRA invites interested parties to Industry Modal Profile), which provided request (ICR) to the Office of comment on the following summary of a comprehensive overview of the Management and Budget (OMB) for an information collection activity railroad industry workforce as of approval, FRA is soliciting public regarding: (1) Whether the information December 31, 2008. This document is comment on specific aspects of the collection activity is necessary for FRA available to the public through FRA’s activity identified below. to properly execute its functions, Web site at https://www.fra.dot.gov/ DATES: Comments must be received no including whether the activities will eLib/Details/L01294. FRA published the later than May 30, 2017. have practical utility; (2) the accuracy of Railroad Industry Modal Profile in ADDRESSES: Submit written comments FRA’s estimate of the burden of the response to the DOT National on the following information collection information collection activity, Transportation Workforce Development activity by mail to either: Mr. Robert including the validity of the Initiative that required each DOT Brogan, Information Collection methodology and assumptions used to Operating Administration (OA) to Clearance Officer, Office of Railroad determine the estimate; (3) how FRA produce an analysis of its industry Safety, Regulatory Safety Analysis can enhance the quality, utility, and workforce. See https://www.rita.dot.gov/ Division, RRS–21, Federal Railroad clarity of the information being ntwd for information on the initiative. Administration, 1200 New Jersey Ave. collected; and (4) how FRA can The prevailing workforce concerns SE., Mail Stop 17, Washington, DC minimize the burden of the information during the early stages of the DOT 20590, or Ms. Kim Toone, Information collection activity on the public by National Transportation Workforce Collection Clearance Officer, Office of automated, electronic, mechanical, or Development Initiative were the large Information Technology, RAD–20, other technological collection number of retirement-eligible employees Federal Railroad Administration, 1200 techniques and other forms of in transportation-related fields and the New Jersey Ave. SE., Mail Stop 35, information technology (e.g., permitting national shortage of science, technology, Washington, DC 20590. Commenters electronic submission of responses). See engineering, and math graduates. Since requesting FRA to acknowledge receipt 44 U.S.C. 3506(c)(2)(A); 5 CFR the railroad industry did very little of their respective comments must 1320.8(d)(1). hiring in the late 1980s and through include a self-addressed stamped FRA believes soliciting public most of the 1990s, the retirement- postcard stating, ‘‘Comments on OMB comment will promote its efforts to eligible population became quite large—even more than most other control number 2130—NEW’’, and reduce the administrative and industries and transportation modes should also include the title of the paperwork burdens associated with the (which were grappling with similar information collection. Alternatively, collection of information. In summary, FRA reasons that comments received retirement population concerns). comments may be faxed to (202) 493– These industry hiring practices create 6216 or (202) 493–6497, or emailed to will advance three objectives: (1) Reduce reporting burdens; (2) ensure it risk in maintaining a viable workforce, Mr. Brogan at [email protected], or and, to take effective and efficient action to Ms. Toone at [email protected]. organizes information collection requirements in a ‘‘user-friendly’’ format to minimize these risks, FRA requires Please refer to the assigned OMB control railroads to submit trustworthy number in any correspondence to improve the use of such information; and (3) accurately assess the resources information on current Work Force submitted. FRA will summarize Development strategies and challenges. comments received in response to this expended to retrieve and produce information requested. See 44 U.S.C. Initial data FRA collected for the notice in a subsequent notice and Railroad Industry Modal Profile include them in its information 3501. Below is a brief summary of the established a baseline understanding of collection submission to OMB for the risks and status. FRA proposes this approval. proposed ICR that FRA will submit for OMB clearance as required under the survey to validate and further develop FOR FURTHER INFORMATION CONTACT: Mr. PRA: its understanding of the risks. With this Robert Brogan, Information Collection Title: Workforce Development (WFD) submission, FRA is requesting Clearance Officer, Office of Railroad Survey. permission to acquire the necessary Safety, Regulatory Safety Analysis OMB Control Number: 2130—NEW. information on the railroad industry Division, RRS–21, Federal Railroad Abstract: FRA has statutory workforce. Administration, 1200 New Jersey Ave. responsibility to ensure the safety of Form Number(s): FRA 240.

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Affected Public: Class I freight and suggestions for reducing the burden, to SUMMARY: The Department of the passenger railroads, short line and (1) Office of Information and Regulatory Treasury will submit the following regional railroads, labor unions, major Affairs, Office of Management and information collection request(s) to the associations, academia, and specialty Budget, Attention: Desk Officer for Office of Management and Budget experts. Treasury, New Executive Office (OMB) for review and clearance in Respondent Universe: 91. Building, Room 10235, Washington, DC accordance with the Paperwork Frequency of Submission: One-time. 20503, or email at OIRA_Submission@ Reduction Act of 1995, on or after the Reporting Burden: OMB.EOP.gov and (2) Treasury PRA date of publication of this notice. The Clearance Officer, 1750 Pennsylvania public is invited to submit comments on Burden Number Ave. NW., Suite 8142, Washington, DC the collection(s) listed below. Stakeholder segment invited hours @ 1⁄3 hour 20220, or email at [email protected]. DATES: Comments should be received on to survey per survey FOR FURTHER INFORMATION CONTACT: or before April 27, 2017 to be assured Class I Passenger ...... 5 1.65 Copies of the submissions may be of consideration. Class I Freight ...... 10 3.3 obtained by emailing [email protected], ADDRESSES: Send comments regarding Short Line and Regional 50 16.5 Labor Unions ...... 7 2.3 calling (202) 622–0489, or viewing the the burden estimate, or any other aspect Associations ...... 10 3.3 entire information collection request at of the information collection, including Academia ...... 9 3 www.reginfo.gov. suggestions for reducing the burden, to SUPPLEMENTARY INFORMATION: Total ...... 91 30.05 (1) Office of Information and Regulatory Alcohol and Tobacco Tax and Trade Affairs, Office of Management and Total Estimated Annual Responses: Bureau (TTB) Budget, Attention: Desk Officer for 91. Treasury, New Executive Office Title: Usual and Customary Business Total Estimated Annual Burden: Building, Room 10235, Washington, DC Records Maintained by Brewers. _ 30.05 hours. 20503, or email at OIRA Submission@ OMB Control Number: 1513–0058. OMB.EOP.gov and (2) Treasury PRA Type of Request: Approval of a new Type of Review: Revision of a Information Collection. Clearance Officer, 1750 Pennsylvania currently approved collection. Ave. NW., Suite 8142, Washington, DC Under 44 U.S.C. 3507(a) and 5 CFR Abstract: The Internal Revenue Code 20220, or email at [email protected]. 1320.5(b), 1320.8(b)(3)(vi), FRA informs (IRC) at 26 U.S.C. 5415 requires brewers all interested parties that it may not to keep records in such form and FOR FURTHER INFORMATION CONTACT: conduct or sponsor, and a respondent is containing such information as the Copies of the submissions may be not required to respond to, a collection Secretary of the Treasury may prescribe obtained by emailing [email protected], of information unless it displays a by regulation as necessary to protect the calling (202) 622–0489, or viewing the currently valid OMB control number. revenue. Under this authority, TTB entire information collection request at Authority: 44 U.S.C. 3501–3520. regulations in 27 CFR part 25 require www.reginfo.gov. brewers to keep usual and customary SUPPLEMENTARY INFORMATION: Sarah L. Inderbitzin, business records that allow TTB to Departmental Offices (DO) Acting Chief Counsel. verify, for example, the quantities of raw [FR Doc. 2017–06046 Filed 3–27–17; 8:45 am] materials received at a brewery, the Title: Designation of Financial Market BILLING CODE 4910–06–P quantity of beer and cereal beverages Utilities produced and removed tax paid or OMB Control Number: 1505–0239. Type of Review: Extension without without payment of tax from a brewery, change of a currently approved DEPARTMENT OF THE TREASURY and the quantity of beer previously collection. removed subject tax that is returned to Abstract: The information collected in Agency Information Collection the brewery. § 1320.20 from Financial Market Activities; Submission for OMB Form: None. Review; Comment Request; Usual and Affected Public: Businesses or other Utilities (FMUs) will be used generally Customary Business Records for-profits. by the Financial Stability Oversight Maintained by Brewers Estimated Total Annual Burden Council to determine whether to Hours: 1. designate or rescind the designation of AGENCY: Departmental Offices, U.S. an FMU under Title VIII of the Dodd- Department of the Treasury. Authority: 44 U.S.C. 3501 et seq. Frank Wall Street Reform and Consumer ACTION: Notice. Dated: March 23, 2017. Protection Act. The collection of Spencer W. Clark, information in § 1320.11 provides an SUMMARY: The Department of the Treasury PRA Clearance Officer. opportunity for an FMU to submit Treasury will submit the following written materials to the Council before information collection request(s) to the [FR Doc. 2017–06126 Filed 3–27–17; 8:45 am] BILLING CODE 4810–31–P the Council decides whether to propose: Office of Management and Budget (1) The designation of the FMU as (OMB) for review and clearance in systemically important; or (2) rescinding accordance with the Paperwork DEPARTMENT OF THE TREASURY the designation of the FMU as Reduction Act of 1995, on or after the systemically important. Similarly, the date of publication of this notice. The Agency Information Collection collection of information in § 1320.12 public is invited to submit comments on Activities; Submission for OMB provides an opportunity for an FMU to the collection(s) listed below. Review; Comment Request; request a hearing or submit written DATES: Comments should be received on Designation of Financial Market materials to the Council to contest the or before April 27, 2017 to be assured Utilities Council’s proposed determination to of consideration. AGENCY: Departmental Offices, U.S. either designate the FMU as ADDRESSES: Send comments regarding Department of the Treasury. systemically important or rescind the the burden estimate, or any other aspect designation of the FMU. ACTION: Notice. of the information collection, including Form: None.

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Affected Public: Businesses or other Federal Estate Tax imposed by IRC related provisions of sections 402(b), for-profits. section 2001 and the Federal Generation 402(g), 402A, and 414(c). The Estimated Total Annual Burden Skipping Tax imposed by IRC section regulations provide updated guidance Hours: 500. 2601. IRS uses the information to on section 403(b) contracts of public Authority: 44 U.S.C. 3501 et seq. enforce these taxes and to verify that the schools and tax-exempt organizations tax has been properly computed. described in section 501(c)(3). Such Dated: March 23, 2017. Form: 706, 706 continuation information exchange is necessary to Spencer W. Clark, schedule, Schedule A, Sch. A–1, Sch B, ensure compliance with tax law Treasury PRA Clearance Officer. Sch C, Sch D, Sch E, Sch F, Sch G, Sch requirements relating to loans and [FR Doc. 2017–06125 Filed 3–27–17; 8:45 am] H, Sch I, Sch J, Sch K, Sch L, Sch M, hardship distributions from section BILLING CODE 4810–25–P Sch O, Sch P, Sch Q, Sch R, Sch R–1, 403(b) plans and sponsors of section Sch U, Sch PC. 403(b) contracts, administrators, Affected Public: Individuals or participants, and beneficiaries. DEPARTMENT OF THE TREASURY Households. Form: None. Estimated Total Annual Burden Affected Public: Not-for-profit Agency Information Collection Hours: 2,048,710. institutions. Activities; Submission for OMB Review; Comment Request; Multiple Title: Form 926—Return by a U.S. Estimated Total Annual Burden IRS Information Collection Requests Transferor of Property to a Foreign Hours: 45,000. Corporation. Title: Temporary Shelter for AGENCY: Departmental Offices, U.S. OMB Control Number: 1545–0026. Individuals Displaced by Severe Storms Department of the Treasury. Type of Review: Extension without and Tornadoes in Oklahoma. ACTION: Notice. change of a currently approved OMB Control Number: 1545–2244. collection. Type of Review: Extension without SUMMARY: The Department of the Abstract: Form 926 is filed by any change of a currently approved Treasury will submit the following U.S. person who transfers certain collection. information collection request(s) to the tangible or intangible property to a Office of Management and Budget Abstract: The Internal Revenue foreign corporation to report Service is suspending certain (OMB) for review and clearance in information required by section 6038B. accordance with the Paperwork requirements under § 42 of the Internal Form: 926. Revenue Code for low-income housing Reduction Act of 1995, on or after the Affected Public: Businesses or other credit projects to provide emergency date of publication of this notice. The for-profits. housing relief needed as a result of the public is invited to submit comments on Estimated Total Annual Burden devastation caused by severe storms and the collection(s) listed below. Hours: 30,195. tornadoes in the State of Oklahoma DATES: Comments should be received on Title: Application For Certificate beginning May 18, 2013. This relief is or before April 27, 2017 to be assured Discharging Property Subject To Estate being granted pursuant to the Service’s of consideration. Tax Lien. authority under § 42(n) and § 1.42–13(a) ADDRESSES: Send comments regarding OMB Control Number: 1545–0328. of the Income Tax Regulations. the burden estimate, or any other aspect Type of Review: Extension without Form: None. of the information collection, including change of a currently approved Affected Public: Businesses or other- suggestions for reducing the burden, to collection. for-profits. Abstract: Form 4422 is completed by (1) Office of Information and Regulatory Estimated Total Annual Burden either an executor, administrator, or Affairs, Office of Management and Hours: 325. Budget, Attention: Desk Officer for other interested party for requesting Treasury, New Executive Office release of any/all property of an estate Title: Form 8453–R—Declaration and Building, Room 10235, Washington, DC from the Estate Tax Lien. It is used Signature for Electronic Filing of Forms 20503, or email at OIRA_Submission@ when property is being sold (for 8947 and 8963. OMB.EOP.gov and (2) Treasury PRA example a residence) and the title OMB Control Number: 1545–2253. Clearance Officer, 1750 Pennsylvania company needs a release of the estate Type of Review: Extension without Ave. NW., Suite 8142, Washington, DC tax lien to issue a title policy and close change of a currently approved 20220, or email at [email protected]. the sale of the property. The information collection. Abstract: Use Form 8453–R to FOR FURTHER INFORMATION CONTACT: is used to make a determination of the Copies of the submissions may be Government’s lien interest in property. authenticate the electronic filing of obtained by emailing [email protected], Form: 4422. Form 8947, Report of Branded calling (202) 622–0489, or viewing the Affected Public: Businesses or other Prescription Drug Information, and entire information collection request at for-profits. Form 8963, Report of Health Insurance www.reginfo.gov. Estimated Total Annual Burden Provider Information. Hours: 1,500. Form: 8453–R. SUPPLEMENTARY INFORMATION: Title: Revised Regulations Concerning Affected Public: Businesses or other Internal Revenue Service (IRS) Section 403(b) Tax-Sheltered Annuity for-profits. Title: United States Estate (and Contracts—TD 9340 (Final). Estimated Total Annual Burden Generation-Skipping Transfer) Tax OMB Control Number: 1545–2068. Hours: 4,131. Return. Type of Review: Extension without Authority: 44 U.S.C. 3501 et seq. OMB Control Number: 1545–0015. change of a currently approved Type of Review: Extension without collection. Dated: March 23, 2017. change of a currently approved Abstract: The collection of Spencer W. Clark, collection. information in the regulations is in final Treasury PRA Clearance Officer. Abstract: Form 706 is used by regulations under section 403(b) of the [FR Doc. 2017–06127 Filed 3–27–17; 8:45 am] executors to report and compute the Internal Revenue Code and under BILLING CODE 4830–01–P

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U.S.-CHINA ECONOMIC AND by Vice Chairman Dennis C. Shea and program became effective on December SECURITY REVIEW COMMISSION Senator Carte P. Goodwin. Any 1, 2016: interested party may file a written Notice of Open Public Hearing statement by April 13, 2017, by mailing DISABILITY COMPENSATION to the contact information above. A AGENCY: U.S.-China Economic and [38 U.S.C. 1114] portion of each panel will include a Security Review Commission. question and answer period between the Disability evaluation percent Monthly rate ACTION: Notice of open public hearing. Commissioners and the witnesses. 10 ...... $133.57 SUMMARY: Authority: Congress created the U.S.- Notice is hereby given of the 20 ...... 264.02 following hearing of the U.S.-China China Economic and Security Review Commission in 2000 in the National Defense 30 ...... 408.97 Economic and Security Review 40 ...... 589.12 Commission. Authorization Act (Public Law 106–398), as amended by Division P of the Consolidated 50 ...... 838.64 The Commission is mandated by Appropriations Resolution, 2003 (Public Law 60 ...... 1,062.27 Congress to investigate, assess, and 108–7), as amended by Public Law 109–108 70 ...... 1,338.71 report to Congress annually on ‘‘the (November 22, 2005), as amended by Public 80 ...... 1,556.13 national security implications of the Law 113–291 (December 19, 2014). 90 ...... 1,748.71 100 ...... 2,915.55 economic relationship between the Date: March 23, 2017. United States and the People’s Republic (38 U.S.C. 1114(k) through Michael Danis, of China.’’ Pursuant to this mandate, the (t)): Commission will hold a public hearing Executive Director, U.S.-China Economic and 38 U.S.C. 1114(k) ...... $103.54 Security Review Commission. in Washington, DC on April 13, 2017 on 38 U.S.C. 1114(l) ...... 3,627.87 38 U.S.C. 1114(m) ...... 4,003.72 ‘‘China’s Hotspots along China’s [FR Doc. 2017–06105 Filed 3–27–17; 8:45 am] BILLING CODE 1137–00–P 38 U.S.C. 1114(n) ...... 4,554.51 Maritime Periphery’’. 38 U.S.C. 1114(o) ...... 5,090.83 DATES: The hearing is scheduled for 38 U.S.C. 1114(p) ...... 5,090.83 Thursday, April 13, 2017 from 9:30 a.m. 38 U.S.C. 1114(r) ...... 2,183.56; to 3:50 p.m. DEPARTMENT OF VETERANS 3,253.08 AFFAIRS ADDRESSES: Dirksen Senate Office 38 U.S.C. 1114(s) ...... 3,263.43 38 U.S.C. 1114(t) ...... 3,253.08 Building, Room 419, Washington, DC. A Cost of Living Adjustments for detailed agenda for the hearing will be Service-Connected Benefits posted on the Commission’s Web site at ADDITIONAL COMPENSATION FOR www.uscc.gov. Also, please check the AGENCY: Department of Veterans Affairs. DEPENDENTS Commission’s Web site for possible ACTION : Notice. [38 U.S.C. 1115(1)] changes to the hearing schedule. Reservations are not required to attend SUMMARY: As required by the Veterans’ 38 U.S.C. 1115(1): the hearing. Compensation COLA Act of 2016, the Department of Veterans Affairs (VA) is 38 U.S.C. 1115(1)(A) ...... $162.56 FOR FURTHER INFORMATION CONTACT: Any 38 U.S.C. 1115(1)(B) ...... 281.61; 80.76 hereby giving notice of adjustments in member of the public seeking further 38 U.S.C. 1115(1)(C) ...... 108.72; 80.76 information concerning the hearing certain benefit rates. These adjustments 38 U.S.C. 1115(1)(D) ...... 130.45 should contact Leslie Tisdale, 444 North affect the compensation program. 38 U.S.C. 1115(1)(E) ...... 311.64 Capitol Street NW., Suite 602, DATES: These adjustments became 38 U.S.C. 1115(1)(F) ...... 260.91 Washington DC 20001; telephone: 202– effective on December 1, 2016, the date 624–1496, or via email at ltisdale@ provided by the Act. CLOTHING ALLOWANCE uscc.gov. Reservations are not required FOR FURTHER INFORMATION CONTACT: to attend the hearing. Jonathan Hughes, Chief, Policy Staff [38 U.S.C. 1162] SUPPLEMENTARY INFORMATION: (211B), Compensation Service, $779.62 per year Background: Taiwan remains the Department of Veterans Affairs, 810 primary focus of the People’s Liberation Vermont Avenue NW., Washington, DC Army (PLA) modernization while China 20420, (202) 461–9700. (This is not a Signing Authority toll-free telephone number.) has simultaneously increased its The Secretary of Veterans Affairs, or preparations for other crisis areas, SUPPLEMENTARY INFORMATION: Section 2 designee, approved this document and including conflicts in the East and of the Veterans’ Compensation COLA authorized the undersigned to sign and South China seas. Beijing’s security Act of 2016, Public Law 114–197, submit the document to the Office of the concerns along China’s maritime provides for an increase in each of the Federal Register for publication periphery constitute ‘‘regional hotspots’’ rates in sections 1114, 1115(1), and 1162 electronically as an official document of for which the PLA is preparing of title 38, United States Code. VA is the Department of Veterans Affairs. Gina contingency plans that could result in required to increase these benefit rates S. Farrisee, Deputy Chief of Staff, armed conflicts between China and U.S. by the same percentage as increases in Department of Veterans Affairs, allies, friends, and partners in the Asia the benefit amounts payable under title approved this document on March 16, Pacific region. This hearing will explore II of the Social Security Act. The 2017, for publication. threats Beijing perceives to Chinese increased rates are required to be sovereignty in the East and South China published in the Federal Register. Dated: March 17, 2017. seas, how the PLA plans to respond to The Social Security Administration Jeffrey Martin, challenges, as well as implications for has announced that there will be a 0.3 Office Program Manager, Office of Regulation the United States and U.S. allies, percent cost-of-living increase in Social Policy & Management, Office of the Secretary, partners, and friends should China Security benefits for 2017. Therefore, Department of Veterans Affairs. initiate a conflict in the Asia Pacific applying the same percentage, the [FR Doc. 2017–06059 Filed 3–27–17; 8:45 am] region. The hearing will be co-chaired following rates for VA’s compensation BILLING CODE 8320–01–P

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Part II

Federal Communications Commission

47 CFR Parts 1 and 54 Connect America Fund; Universal Service Reform—Mobility Fund; Final Rule

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FEDERAL COMMUNICATIONS ET on Fridays in the FCC Reference subsidies and distributed using a COMMISSION Information Center, 445 12th Street SW., market-based, multi-round reverse Room CY–A257, Washington, DC 20554. auction and will come with defined, 47 CFR Parts 1 and 54 The complete text is also available on concrete compliance requirements so the Commission’s Web site at http:// that rural consumers will be adequately [WC Docket No. 10–90, WT Docket No. 10– _ 208; FCC 17–11] transition.fcc.gov/Daily Releases/ served by the mobile carriers receiving Daily_Business/2017/db0309/FCC-17- universal service support. Connect America Fund; Universal 11A1.pdf. Alternative formats are 2. The Commission expects to release Service Reform—Mobility Fund available to persons with disabilities by a list of presumptively eligible areas sending an email to [email protected] or shortly, to finalize the challenge process AGENCY: Federal Communications by calling the Consumer & in the coming months, and to conclude Commission. Governmental Affairs Bureau at (202) the challenge process by January 31, ACTION: Final rule. 418–0530 (voice), (202) 418–0432 2018. The Commission expects to (TTY). commence the auction shortly SUMMARY: In this document, the Federal thereafter. The phase-down of legacy Communications Commission Regulatory Flexibility Analysis support is scheduled to commence in (Commission) adopts the framework to As required by the Regulatory the first month following the close of allocate funds to assist in the Flexibility Act of 1980, the Commission the MF–II auction. deployment of 4G LTE to areas that are has prepared a Final Regulatory II. Background so costly that the private sector has not Flexibility Analysis (FRFA) of the yet deployed there and to preserve such possible significant economic impact on 3. In the USF/ICC Transformation service where it might not otherwise small entities of the policies and rules Order, 76 FR 73829, November 29, 2011, exist. This framework redirects funding adopted in this document. The FRFA is the Commission sought to achieve the from legacy subsidies and distributes set forth in an appendix to the MF–II universal availability of ‘‘mobile them through the Mobility Fund Phase Order, and is summarized below. The networks capable of delivering mobile II and Tribal Mobility Fund Phase II, Commission’s Consumer and broadband and voice service in areas using market-based, multi-round reverse Governmental Affairs Bureau, Reference where Americans live, work, or travel.’’ auctions, and contains defined, concrete Information Center, will send a copy of This goal was ‘‘designed to help ensure compliance requirements to help ensure this MF–II Order, including the FRFA, to that all Americans in all parts of the rural consumers will be adequately the Chief Counsel for Advocacy of the nation, including those in rural, insular, served by mobile carriers receiving Small Business Administration (SBA). and high-cost areas, have access to universal support. affordable technologies that will DATES: Effective April 27, 2017 except Paperwork Reduction Act empower them to learn, work, create, for additions of §§ 54.1013, 54.1014, The MF–II Order contains new and and innovate.’’ At the same time, the 54.1015(a) through (e), 54.1016(a) and modified information collection Commission recognized the importance (b), 54.1017, 54.1019, 54.1020, and requirements subject to the Paperwork of minimizing the universal service 54.1021, which contain new or modified Reduction Act of 1995 (PRA), Public contribution burden on consumers and information collection requirements that Law 104–13. It will be submitted to the businesses. The Commission sought to require approval by the Office of Office of Management and Budget balance the objective of ‘‘providing Management and Budget (OMB). The (OMB) for review under section 3507(d) support that is sufficient but not Commission will publish a document in of the PRA. OMB, the general public, excessive so as to not impose an the Federal Register announcing the and other Federal agencies will be excessive burden on consumers and effective date of those additions. invited to comment on the new and businesses who ultimately pay to modified information collection support the Fund.’’ FOR FURTHER INFORMATION CONTACT: 4. Applying those goals, the Wireless Telecommunications Bureau, requirements contained in this proceeding. Commission targeted funding to expand Auction and Spectrum Access Division, mobile coverage, while ensuring that the Mark Montano, at (202) 418–0660. For Congressional Review Act funding is ‘‘cost-effective and targeted to further information concerning the areas that require public funding to Paperwork Reduction Act information The Commission will send a copy of this MF–II Order in a report to be sent receive the benefits of mobility.’’ As a collection requirements contained in result, the Commission eliminated the this document, contact Cathy Williams to Congress and the Government Accountability Office pursuant to the ‘‘identical support rule,’’ which at (202) 418–2918, or via the Internet at previously had set the level of support [email protected]. Congressional Review Act (CRA), see 5 U.S.C. 801(a)(1)(A). for competitive eligible ADDRESSES: Federal Communications telecommunications carriers (CETCs), Commission, 445 12th Street SW., I. Introduction including those providing mobile Washington, DC 20554. 1. In the MF–II Order, the Commission services, at the level received by the SUPPLEMENTARY INFORMATION: This is a adopts the framework for moving incumbent local exchange carrier, and summary of the Report and Order and forward with the Mobility Fund Phase had limited CETC support to those areas Further Notice of Proposed Rulemaking II (MF–II) and Tribal Mobility Fund where wireline providers received (MF–II Order), WC Docket No. 10–90, Phase II (Tribal MF–II), which will support because of their high costs. The WT Docket No. 10–208, FCC 17–11, allocate up to $4.53 billion over the next Commission concluded that ‘‘[t]he adopted on February 23, 2017 and decade to advance the deployment of 4G support levels generated by the identical released on March 7, 2017. The LTE service to areas that are so costly support rule bear no relation to the complete text of this document is that the private sector has not yet efficient cost of providing mobile voice available for public inspection and deployed there and to preserve such service in a particular geography,’’ and copying from 8:00 a.m. to 4:30 p.m. service where it might not otherwise established the Mobility Fund to assure Eastern Time (ET) Monday through exist. The funding for this effort will that universal service support for mobile Thursday or from 8:00 a.m. to 11:30 a.m. come from the redirection of legacy service would be targeted in a more cost

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effective manner. The Mobility Fund 7. In April 2014, the Commission in providers had widely deployed 4G LTE included two phases. For Mobility Fund the 2014 CAF Further Notice, 79 FR throughout the country. Since that time, Phase I (MF–I), the Commission 39195, July 9, 2014, again took the consumers increasingly demand 4G LTE provided up to $300 million in one-time opportunity to expand upon what it had service in order to take advantage of the support payments, to be awarded learned from its efforts to modernize significantly better performance through a reverse auction. The universal service as well as the characteristics, including faster data Commission also provided an additional considerable developments in the transfer speeds that 4G LTE provides $50 million in one-time support marketplace for mobile wireless services while using the web or web-based dedicated to Tribal lands. For MF–II, the that had occurred since adoption of the applications. Targeting MF–II support to Commission decided it would provide USF/ICC Transformation Order. Given expand and preserve 4G LTE coverage up to $500 million per year in ongoing the significant commercial deployment will ensure that the Commission does support—including support to Tribal of 4G LTE, the Commission proposed to not relegate rural areas to substandard lands—and sought comment in the retarget the focus of MF–II to address service. USF/ICC Transformation FNPRM, 76 FR those areas of the country where LTE 12. Third, the Commission reaffirms 78383, December 16, 2011, on the would not be available absent support that it should target universal service structure and operational details of that and existing mobile voice and funding to coverage gaps, not areas fund. broadband service would not be already built out by private capital. 5. To minimize ‘‘shocks to service preserved without support. Despite a surge in private investment in providers that may result in service 8. In September 2016, the Wireless mobile deployment, recent analysis disruptions for consumers,’’ the USF/ Telecommunications Bureau released its shows that at least 575,000 square miles ICC Transformation Order provided for analysis of mobile broadband providers’ (approximately 750,000 road miles and a five-year transition period during December 2015 Form 477 submissions 3 million people) either lack 4G LTE which legacy support going to CETCs in order to identify and quantify the service or are being served only by would phase down 20 percent per year areas in the country that may require subsidized 4G LTE providers. Virtually beginning July 1, 2012. The Commission support on an ongoing basis in order to all commenters agree that proceeding noted that, during the transition period, have 4G LTE coverage. In addition to with MF–II is critically important to mobile carriers would have the identifying the specific areas of the supporting mobile voice and broadband opportunity to seek one-time MF–I country without 4G LTE coverage, coverage. Thus, by proceeding to MF–II, Wireless Telecommunications Bureau the Commission seeks to assure that 4G support to expand 3G or better service staff examined the current distribution LTE service is preserved and advanced to areas where such service was of high-cost support to assess the to those areas of the country where there unavailable while also receiving phase- efficacy of that support. That analysis is no unsubsidized service, all down legacy support. The Commission reveals that 4G LTE is absent from or consonant with the Commission’s goal also provided that if MF–II were not only provided with support in one-fifth of ‘‘ubiquitous availability of mobile operational by July 1, 2014, the phase of the area of the United States services.’’ down of legacy support for CETCs excluding Alaska and that a 13. Fourth, the Commission reaffirms would pause at the 60 percent level in conservative estimate is that three- that it is committed to minimizing the effect on that date. The Commission also quarters of support currently distributed overall burden of universal service provided that the phase-down of legacy to mobile providers is being directed to contributions on consumers and support for CETCs serving Tribal lands areas where it is not needed. In other businesses by expending the finite would pause at that time if Phase II of words, carriers are receiving funds it has available in the most the Tribal Mobility Fund were not approximately $300 million or more efficient and cost effective manner. The implemented. each year in subsidies to provide service Wireless Telecommunications Bureau’s 6. Following the comments filed in even though such subsidies are latest analysis indicates that a response to the USF/ICC unnecessary and may deter investment substantial majority of current ongoing Transformation Order FNPRM by unsubsidized competitors from legacy CETC support is allocated to accompanying the USF/ICC increasing competition in those areas. census blocks that already have Transformation Order, the Wireless complete 4G LTE coverage from one or Telecommunications Bureau and the III. Goals of the Mobility Fund Phase II more unsubsidized competitors. Wireline Competition Bureau (the 9. The Commission reaffirms the IV. Framework for Mobility Fund Phase Bureaus) issued a Public Notice in following goals for Phase II of the II November 2012, 77 FR 73586, December Mobility Fund. 11, 2012, seeking to develop a more 10. First, the Commission reaffirms 14. The Commission adopts a reverse comprehensive, robust record on certain that universal service funding for the auction to distribute high-cost support issues related to the award of ongoing preservation and advancement of high- for mobile services to areas that lack support for advanced mobile services. speed advanced services such as 4G LTE unsubsidized 4G LTE service, while The Bureaus sought to build upon their is an appropriate and necessary use of completing the phase-down of legacy experience in implementing a reverse universal service funds. Because they support going to mobile CETCs, thereby auction to distribute universal service are unmoored from a fixed point, mobile eliminating duplicative and support and the experiences of carriers devices empower Americans to make unnecessary CETC support, and better that participated in MF–I. In particular, calls and access the web and web-based managing its finite financial resources. among other things, the Bureaus sought applications while on the go. Utilizing an annual budget of $453 further feedback on issues pertaining to 11. Second, the Commission reaffirms million for a term of ten years, the the method for identifying the that it should target universal service Commission will provide ongoing geographic areas that are eligible for funding to support the deployment of support for provision of service in areas MF–II support and establishing the base the highest level of mobile service that would lack mobile voice and unit for bidding and measuring available today—4G LTE. In the 2014 broadband coverage absent government coverage, performance obligations, and CAF Further Notice, the Commission subsidies. Likewise, consistent with the the term of support. observed that two major wireless Commission’s decision in the USF/ICC

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Transformation Order to abandon the there. The Alaska Mobile Plan is a two years, with these phase-down identical support rule and to depart consensus plan among the mobile payments totaling one year’s support, from duplicative investments in providers in remote areas of Alaska that i.e., approximately $300 million. In multiple CETCs in the same geographic provides predictable, stable high-cost keeping with its obligation to be fiscally area, the Commission will award support to those providers, frozen at responsible, the Commission arrives at support to one provider per eligible 2014 levels for a term of ten years. an annual MF–II budget by taking $483 geographic area. This section describes Because the Commission adopted the million (representing current CETC this basic framework for MF–II and its Alaska Plan for mobile carriers as an support), minus $30 million conclusions on these issues. The Alaska-specific comprehensive (representing the estimated $300 million Commission intends before the substitute mechanism for mobile high- phase-down payments for those areas, commencement of the MF–II auction to cost support, the Commission decided evenly apportioned over the ten-year supplement the performance goals and that no support provided under MF–II term), for a total each year of $453 measures for the program. or Tribal MF–II will be provided for million. Given the need to preserve and mobile service within Alaska. In the advance 4G LTE service revealed by its A. Reverse Auction To Award Mobility absence of a workable, nationwide staff analysis, the Commission Fund Phase II Support model to award ongoing support that concludes that retargeting existing funds 15. The Commission adopts a addresses all of the Commission’s core is appropriate. nationwide, multi-round reverse auction policy objectives, the Commission 19. The cost of universal service with competition within and across adopts its proposal to use a reverse programs is ultimately borne by the geographic areas to award MF–II auction mechanism to distribute MF–II consumers and businesses that pay to support. Utilizing an auction support. fund these programs, and the mechanism will allow the Commission 17. The Commission declines to adopt Commission has a corresponding to distribute support consistent with its a federal-state broadband mobile grant obligation to exercise fiscal policy goals and priorities in a program in lieu of an auction as responsibility by avoiding excessive transparent, speedy, and efficient proposed earlier this year by one subsidization and overburdening manner. An auction provides a commenter. This proposal would communications consumers. The courts straightforward means of identifying impose significant responsibilities on have recognized that over-subsidizing those providers that are willing to the states that choose to participate, universal service programs can actually provide 4G LTE service at the lowest including an obligation to contribute undermine the statutory principles set cost to the budget, targeting support to funds (that the Commission would forth in section 254(b) of the prioritized areas, and determining match), review service providers’ Communications Act of 1934, as support levels that awardees are willing applications and subsequently award amended (Communications Act), 47 to accept in exchange for the obligations grants, and verify providers’ compliance U.S.C. 254. The Commission adopts an the Commission imposes. Moreover, a with the Commission’s performance MF–II budget to balance the various reverse auction is consistent with the requirements. It would require competing objectives in section 254 of Commission’s decision to provide significant Commission coordination the Communications Act, including the support to at most one provider per and oversight to implement such a objective of providing support that is area. While auction alternatives proposal, which is inconsistent with the sufficient, but not so excessive so as to suggested by commenters may address Commission’s desire to act quickly so impose an undue burden on consumers some of these objectives—for example, a that providers can expand to those areas and businesses. The Commission further cost model could theoretically lacking 4G LTE coverage and the notes that MF–II is only one component determine appropriate support amounts Commission can take fiscally of its broader reform efforts, and the for an area—the Commission is not responsible measures to redistribute MF–II annual budget also reflects a persuaded that there is an alternative current support from those areas with careful analysis of the respective needs approach that would achieve all its core unsubsidized 4G LTE. Based on the and objectives of all aspects of the policy objectives that could be record before the Commission, as well universal service program. implemented in a timely manner. as its experience in MF–I, the 20. The Commission finds that this Furthermore, the Commission’s Commission is not convinced that this level of support over the next ten years experience in administering Auction approach would be a more efficient or will allow MF–II to achieve its 901 for MF–I funding was a new effective means of awarding MF–II objectives in a fiscally responsible endeavor in 2012, and it can apply the support than using a reverse auction. manner. The Commission recognizes lessons learned to the MF–II auction. that the currently unserved areas are 16. The Commission finds that those B. Mobility Fund Phase II Budget likely the most expensive areas in the parties advocating for use of a model do 18. The Commission adopts a budget country to serve; however, its budget— not acknowledge or resolve the myriad of $4.53 billion for MF–II over ten when distributed cost-effectively— policy goals that are addressed by the years—the amount of legacy support should make meaningful progress in Commission’s reverse auction proposal, mobile carriers outside Alaska would eliminating the lingering coverage gaps. and therefore do not offer a realistic receive over the next decade less the The Commission also remains free, after alternative—consistent with its funding needed to phase-down support the auction has concluded, to assess its decisions—to the proposed auction in census blocks fully built with private results and determine whether mechanism. This determination is capital. Current legacy high-cost support additional funding is needed to advance substantiated by the fact that the received by wireless providers is the deployment of advanced mobile Commission has not received a fully approximately $483 million per year, services throughout rural America. developed cost model for ongoing excluding Alaska, and around $300 21. The Commission declines to adopt support since it first sought comment on million of that amount is being provided the proposal in the 2014 CAF Further the issue in 2011. The Commission to census blocks fully covered with Notice to significantly reduce the budget received a developed model regarding unsubsidized 4G LTE. In the MF–II for MF–II. The proposal to reduce the Alaska, but it recently adopted a Order, the Commission is phasing down budget in the 2014 CAF Further Notice different approach for mobile carriers the support it pays for those areas over was made in the context of awarding

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support for service based on uncovered a fiscally responsible manner, thereby proposal would leave mainland Tribal population, rather than land areas minimizing the universal service lands with only $19 million. The where mobile broadband is absent. contribution burden on consumers and Commission believes that premising the Because the Commission has decided to businesses. In its decision, the Tribal MF–II budget on the award support to cover square miles, its Commission adopts ongoing support Commission’s earlier actions is likely projected funding requirements in 2014 with an annual budget of $453 million insufficient to reflect the need for are inapplicable. for MF–II and target support to areas funding to advance 4G LTE services on 22. The Commission declines to adopt where it is most needed, i.e., areas that Tribal lands in 2017 and beyond. two separate budgets—one to fund lack 4G LTE service and areas where Rather, the Commission finds that the operating expenses for preservation of service only exists due to a subsidy. The methodology described in the MF–II service and one to fund capital expenses Commission finds this is a better use of Order will better serve the public for expansion of service—as proposed universal service funds than allocating interest. by one commenter. This proposal would funds to the next-in-line bidders in 27. Providers of service to eligible require two separate auctions to award Auction 901, based on the outdated areas within Tribal lands will also be support from two funds, which would standards for eligible areas used in 2012 able to bid for general support in MF– be administratively less efficient and for MF–I. II—so, with sufficient auction risk duplicative funding to eligible participation, the funds reserved as part areas. Moreover, two funds would C. Tribal Mobility Fund Phase II of the Tribal Mobility Fund will be a require the Commission to decide in 25. The Commission reserves support floor, not a ceiling, on support for Tribal advance the levels of support for each, to Tribal lands (excluding Alaska) as lands. and would require the Commission to part of the overall MF–II budget. The 28. The Commission adopts the monitor and enforce restrictions on the Commission will calculate this budget proposal to award MF–II support for purposes for which these two types of by applying the ratio of square miles in Tribal lands subject to the same terms support can be used. By contrast, a eligible Tribal lands to square miles of and conditions as are applicable to all single fund allows reverse auction all eligible areas (adjusting for a terrain eligible areas in MF–II. The Commission bidders to make their own efficiency factor) to the total budget it has chosen declines to adopt the rules proposed in tradeoffs between operating and capital for MF–II. The Commission expects that the USF/ICC Transformation FNPRM expenses. Tribal lands likely will be more regarding special ETC designation 23. In establishing the MF–II annual expensive to serve than non-Tribal treatment for Tribal MF–II participants budget, the Commission affirms its lands due to their lower population because the Commission is revising the commitment to fiscal responsibility, and density and income levels, as well as timing of its ETC designation takes steps herein to ensure that the the lack of power or roads in some parts requirement for all MF–II participants. support awarded is not excessive. The of Indian country and the need for The Commission declines to adopt Commission makes clear that there is federal approval (such as from the separate coverage units for Tribal MF– discretion to set reserve prices as part of Bureau of Indian Affairs) before II. The Commission declines to pursue the procedures for the reverse auction, broadband can be deployed there. The the suggestion of one commenter that which will provide a backstop in the Commission concludes that reserving carriers serving Tribal lands be allowed event there is insufficient competition this support within MF–II is a fair to participate in an opt-in funding plan to act as a restraint on the price of the means and reasonable metric to ensure similar to the Alaska Plan. The unique support to be provided in particular that Tribal lands are not left behind in basis for the Commission’s adoption of cases. To safeguard the monies the auction. Current estimates are that the Alaska plan was not the existence of dedicated to this budget, the this ratio would be about 7%, so the Tribal lands in Alaska, but rather its Commission adopts requirements to Commission expects to reserve at least concerns about the need for support to ensure that MF–II support recipients are $340 million from the MF–II budget as be flexible enough to accommodate meeting the service obligations and support for Tribal Lands. The definitive Alaska’s unique conditions, including conditions associated with the ongoing budget will be set when the final set of its ‘‘remoteness, lack of roads, award of such annual support. The eligible areas is determined after the challenges and costs associated with Commission retains the discretion to challenge process. transporting fuel, lack of scalability per distribute less than the total amount 26. The Commission concludes that it community, satellite and backhaul authorized in a given year if support is appropriate to freshly consider the availability, extreme weather recipients fail to meet performance or size of the Tribal MF–II budget rather conditions, challenging topography, and other program obligations. than seek to simplistically follow earlier short construction season.’’ The Alaska 24. The Commission denies the Commission decisions pre-dating Plan is limited to addressing these Petition for Declaratory Ruling filed by several important developments. The unique challenges. United States Cellular Corporation, Commission originally proposed to set 29. The Commission will establish requesting that the Commission award aside up to $100 million annually for procedures for MF–II in consultation to ‘‘next-in-line’’ bidders in Auction 901 Tribal lands, but then later dedicated and coordination with the more than $68 million of undisbursed $96 million annually to Tribal lands in Commission’s Office of Native Affairs MF–I support on which the winning remote areas of Alaska. Subtracting the and Policy. This will allow funds bidders in that auction defaulted. The latter from the former would leave a reserved for Tribal lands to be included Commission will not award the Tribal MF–II budget of only $4 million. as part of the MF–II auction. The unclaimed MF–I support to the next-in- If the Commission looked to the Tribal Commission believes this path of line bidders in Auction 901. As the Mobility Fund Phase I auction as a way conducting Tribal MF–II as a petitioner recognizes, the Commission of apportioning the Commission’s initial component of MF–II is best for quickly addressed undisbursed support estimate, it would see that the vast initiating support for mobile networks payments in the USF/ICC majority of those funds (81 percent) on tribal areas. Transformation Order. Among the goals were won by Alaskan bidders. 30. The Commission declines to adopt and purposes of the Universal Service Subtracting that proportion for the a formal Tribal engagement obligation or program is the goal to award support in Commission’s initial $100 million a bidding credit preference for Tribally-

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owned-and-controlled entities. The services available everywhere people Commission expressed its intent to Commission agrees with commenters live, work, and travel. A geographic area employ this same approach in the that a tribal engagement obligation is is a broad measure that encompasses all Connect America Phase II Auction not necessary because it could create an the alternative metrics proposed in the Order, 81 FR 44413, July 7, 2016. The excessive administrative burden, record, such as roads, population, farm full Commission will make the final without a material countervailing land, and areas remote from roads or decision on minimum geographic area benefit, when many carriers already significant population centers. Targeting in the pre-auction process. The have established relationships with support for mobile broadband service Commission refers generally to the ‘‘pre- Tribes. In addition, adopting formal based solely on where people may live auction process’’ in the MF–II Order, Tribal engagement requirements could or where roads of certain sizes may be which is the process through which deter participation in Tribal lands and located is not enough. Those narrower final auction procedures will be would likely divert providers’ resources, approaches would not direct support implemented and the final list of thus potentially delaying their everywhere consumers need and use a eligible areas will be determined. The deployment of service to Tribal lands. mobile service. Basing the award of MF– Commission may seek comment on, The Commission expects carriers II support on a bid for square miles and/or resolve, certain final auction participating in the Tribal MF–II to takes into account many of the other procedures in separate public notices if work with Tribes to facilitate the areas where mobile service is important doing so better conduces to the proper deployment of the highest quality but for which standardized data are less dispatch of business. Any such public service to the people living on Tribal available—such as business locations, notices will be released during the pre- lands. The Commission finds that a recreation areas, work sites, and auction process and well in advance of bidding credit preference for Tribally- agricultural spaces. For example, the auction. owned-and-controlled entities is precision agriculture relies on mobile 35. Although the Commission unnecessary for the MF–II auction. networks for connectivity, so the value continues to recognize that using census Although several commenters assert that of having coverage in farmland is not blocks allows it to target support to a bidding credit preference would create directly related to the number of people specific areas thereby providing bidders an incentive for bids and increase the or number of roads there. the ability to tailor their bids to their likelihood of service to Tribal lands, the 33. Using geographic areas as the business plans, its experience with the Commission finds that setting aside metric for MF–II will be relatively MF–I auction demonstrates the need to funds specifically to serve Tribal lands simple to administer. The Commission limit the number of discrete biddable is likely to accomplish the will examine the areas that do not units. The Commission concludes it is Commission’s goal of ensuring greater appear in the coverage shapefiles from best to set performance requirements coverage on Tribal lands. The providers’ Form 477 data. There will be based on an area larger than a census Commission also finds that layering an no need to obtain and validate the block. The Commission adopts a additional bidding credit for Tribal accuracy of another data source (e.g., broader, more manageable approach that carriers on top of the funding road maps or population data) and then will combine one or more census blocks exclusively available for service to overlay those data on the shapefiles. containing eligible areas into census Tribal lands could deter other entities Although the Commission utilized road block groups or census tracts. miles for MF–I, there were drawbacks to from bidding to serve Tribal lands, 3. Identifying Areas That Need Mobility that approach. In particular, the reducing both the competitiveness of Fund Phase II Support Commission found that roads may not the auction and the potential reach of be consistently categorized by states 36. The Commission reaffirms its the Commission’s finite funds for MF– into TIGER categories for which support goals and now seeks to promote the II. Furthermore, commenters fail to is provided and that there are different deployment of 4G LTE in all areas demonstrate that the benefits of a opinions regarding the specific TIGER where it would not be offered by the bidding credit preference outweigh the categories of roads that should be private sector in the absence of costs of potentially depriving other included. With respect to population, universal service support. The eligible areas of MF–II support. standardized data are available Communications Act directs the D. Identifying Geographic Areas Eligible regarding total population per census Commission to fund ‘‘reasonably for Support block, but not with respect to where comparable’’ services in rural areas to population is located within a census those commonly available in urban 1. Geographic Area as the Metric for block. The difficulties in measuring areas. Looking to the mobile speeds Assessing Mobile Coverage compliance based on population stem generally reported by nationwide 31. The Commission will use from the fact that, while the carriers on their Form 477 submissions, geographic area expressed in square Commission knows how many people the Commission finds that such carriers miles as the metric for measuring are in a given census block, it does not are generally reporting the deployment coverage, comparing bids, and assessing know where in that census block they of 4G LTE reported at minimum compliance with the corresponding are located. While this challenge could advertised download speeds of at least coverage requirement for winning bids be overcome by a 100 percent coverage 5 Mbps. The Commission will use this in MF–II. The Commission will only requirement, commenters generally speed benchmark to identify areas award support for those geographic oppose such a coverage requirement. eligible for MF–II. The Commission areas without 4G LTE from an rejects requests to use the same 10/1 unsubsidized provider. The 2. Minimum Geographic Area for Mbps thresholds for determining area Commission will be making eligible for Bidding and Support eligibility that it requires of MF–II support only the unserved geographic 34. The Commission concludes that support recipients for determining areas within a census block, rather than the minimum geographic area for compliance with performance the entire area within the block. bidding should be census block groups requirements. 32. Requiring coverage of a geographic or census tracts containing one or more 37. The Commission concludes that area most closely reflects the census blocks with eligible areas for any census block that is not fully Commission’s goal to have mobile bidding and support for MF–II. The covered by unsubsidized 4G LTE will

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contain areas that are eligible for twice a year, and the Commission reliably identify those areas within support in the MF–II auction. This sub- requires that the providers certify as to census blocks that do not today have census block approach to eligibility the accuracy of the data submitted. As unsubsidized 4G LTE coverage; use addresses long-standing concerns that Wireless Telecommunications Bureau high-cost support data to determine current methods used to estimate staff has demonstrated, Form 477 data where 4G LTE is provided without network coverage may classify whole along with USAC CETC support data subsidy; and by overlaying the coverage census blocks as served notwithstanding can provide sufficiently granular and the support data, identify the areas that they contain significant areas that information to identify those areas of presumptively lacking unsubsidized 4G remain unserved. the country that lack 4G LTE service or LTE. The resulting analysis presents the where such service is only provided by most accurate data currently available 4. Source of Coverage and Subsidy Data a subsidized provider. on which areas should be eligible for 38. The Commission concludes that 40. The Commission has recently MF–II. The Wireless Form 477 data is the most reliable data concluded that ‘‘data from the Form 477 Telecommunications Bureau staff currently available for the purpose of . . . help [it] better analyze mobile released its analysis using providers’ determining the coverage levels of broadband deployment than in years Form 477 data last fall and will publish existing mobile services, including past.’’ The Wireless a preliminary list of eligible areas as unserved areas, and areas served by the Telecommunications Bureau part of the pre-auction process. The data various technologies that provide 2G, determined that the Form 477 coverage released on eligible square miles will be 3G, 4G, and 4G LTE services. The data ‘‘provide the most accurate grouped by census blocks, which in turn Commission will use Form 477 mobile depiction the Commission has on the will be grouped by census block group wireless coverage data and high-cost deployment of mobile networks,’’ and or census tract as the minimum disbursement data available from the none of the commenters criticizing the geographic area for bidding, and include Universal Service Administrative Form 477 data has identified a better the total eligible square miles in each Company (USAC) to determine coverage data source for moving forward census block and the location of each levels in individual census blocks and expeditiously to implement MF–II. eligible area. As explained in the MF–II whether high-cost support is being Recognizing that no data source— Order, these groupings will be awarded. Prior to an MF–II auction, the including Form 477—will be perfectly announced by public notice as part of Commission will compile the list of accurate, the Commission will utilize a the pre-auction process. The location of potentially eligible areas from the data challenge process to improve the each presumptively eligible area will be submissions that are most recently accuracy of the coverage analysis necessary to define the service areas available for this purpose. underlying eligibility determinations being auctioned and to define coverage 39. In the 477 Report and Order, 78 reached in reliance on Form 477 data. obligations. FR 49126, August 13, 2013, the 41. Finally, one public service 43. In response to the USF/ICC Commission made clear that the commission urges the Commission to Transformation FNPRM and Further enhanced deployment data collection seek input from states that have Inquiry Public Notice, 77 FR 73586, requirements it adopted were ‘‘needed instituted programs to identify areas December 11, 2012, some carriers to fulfill [its] universal service lacking coverage. The Commission express concern that the centroid mandate.’’ The 477 Report and Order recognizes that some state commissions method may not accurately reflect significantly enhanced the reliability of have acquired detailed information coverage. Some rural commenters note, the data the Commission collects by about coverage within their states, and for example, that in some cases the requiring the submission of deployment encourage states to submit information centroid of a block may be covered, but shapefiles that depict ‘‘the coverage that is probative for determining large areas outside the centroid are not boundaries where, according to eligibility during the challenge process. and that such blocks may be unfairly providers, users should expect the However, because individual state and excluded from support. Many of those minimum advertised upload and territory information may not be commenters support the proportional download data speeds associated with uniform throughout the nation, the method, which determines eligibility for [a] network technology,’’ such as LTE. Commission declines to rely on such support based on whether each census Specifically, for each mobile broadband data to the exclusion of other sources block’s coverage percentage is below a network technology (e.g., EV–DO, and will continue to rely primarily on certain threshold, as an alternative. Like WCDMA, HSPA+, LTE, WiMAX) Form 477 data certified by providers. the proportional method, the approach deployed in each frequency band (e.g., Nonetheless, the Commission will the Commission adopts in the MF–II 700 MHz, Cellular, AWS, PCS, BRS/ consider coverage data from states and Order examines coverage at the sub- EBS), every facilities-based mobile other sources in its challenge process. census block level, thereby remedying broadband provider must submit the chief concern with the centroid 5. Applying Coverage and Subsidy Data polygons representing its nationwide method. Because it can identify specific to Census Blocks coverage area (including U.S. territories) areas within each census block where of that technology. While these coverage 42. The Commission concludes that it 4G LTE coverage is absent, the actual data provide the most accurate will apply an actual coverage analysis to area coverage approach is a significant depiction the Commission has on the determine presumptive eligible areas for improvement over the centroid method deployment of mobile networks, they do MF–II support, in lieu of the centroid in reaching the Commission’s universal not indicate the extent to which method employed in MF–I. In the time service goals. It is a far more precise providers affirmatively offer service to that has passed since the Commission way to target the MF–II budget. residents in the covered areas. By first proposed using the centroid requiring a single, uniform filing format method in MF–II, the Commission has 6. Challenge Process for the shapefiles, the Commission been able to gather much more robust 44. Consistent with the general reduces the potential for distortion or information about service coverage areas approach adopted for MF–I and more misleading comparisons of the data. The from the certified Form 477 data that recently, for Connect America Fund Commission requires all facilities-based providers are required to submit twice Phase II (CAF–II), the Commission broadband providers to file Form 477 a year. The Commission can now more concludes that it will provide a robust

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process for interested parties to for comparing support among CETCs to 50. More specifically, in census challenge the list of presumptively serve a given area and for determining blocks determined (after the completion eligible areas for MF–II support. The how much support is being used to of the challenge process) not to be challenge process will address compete with private capital. The eligible for MF–II, legacy support will challenges to coverage determinations Commission faced a similar problem be phased down starting the first day of only and will not address challenges to when it decided to disaggregate support the month following the close of the the allocation of legacy CETC support for legacy rate-of-return carriers last year MF–II auction. For the first 12 months within study area geographies. To and retarget that support to areas thereafter, phase-down support shall be provide interested parties the unserved by unsubsidized competitors. 2⁄3 of the legacy support for each CETC opportunity to review the coverage 48. In choosing a disaggregation associated with that area. For the next analysis on which eligible areas are method, the Commission is persuaded 12 months, phase-down support shall be identified, the Commission directs the that it should account for the relative 1⁄3 of the legacy support for each CETC Bureaus to make an initial costs of deploying a coverage-based associated with that area. All legacy determination of eligible areas by network given the differing terrain support shall end thereafter. census block as part of the pre-auction throughout the United States. 51. For a winning bidder that is a process. Subsequently, the Bureaus Specifically, the Commission declines CETC receiving legacy support in the shall implement a process consistent to adopt a disaggregation method that area of its bid, MF–II support shall with the decisions the Commission will assumes that support is allocated commence on the first day of the month make after review of the record received uniformly throughout a provider’s after the auction concludes. To ensure a in response to the Further Notice of SAC—doing so would specifically smooth transition to MF–II support, and Proposed Rulemaking adopted along ignore the additional costs that wireless to the extent the Commission authorizes with the MF–II Order. The Commission providers incur to deploy service in a winning bidder to receive MF–II defers making further decisions more difficult terrain. Instead, the support after that date, a winning bidder regarding the challenge process in the Bureaus shall apply a more-refined will receive support payments at the MF–II Order because, while commenters methodology that uses a terrain factor as current legacy support level until such generally support a challenge process, a proxy for determining higher cost Commission action. A winning bidder they have different views with respect areas. For example, more mountainous that is also entitled to legacy support for to how such a process should work, and terrains with greater variations in slope an area subject to its winning bid will the Commission finds that seeking are areas that tend to be more costly to not be entitled to receive MF–II support further comment will be helpful in serve than level plains. The terrain until the Commission issues a public reaching decisions. factor would be used to weight the area notice authorizing support to that 45. The Commission expects that the of a block such that eligible areas in bidder. In the public notice, the challenge process will conclude by the more mountainous areas would be Commission will direct and authorize end of January 2018. At the conclusion allocated a greater amount of a CETC’s USAC to disburse monthly MF–II of the challenge process, the total legacy support to reflect the higher payments to the winning bidder and to Commission directs the Bureaus to costs of serving such areas. cease paying it at the legacy support make a final determination of areas 49. Second, the Commission level. Furthermore, to ensure that the eligible for MF–II support. establishes the following schedule for winning bidder receives the appropriate the phase-down of legacy support and amount of MF–II support, the E. Transition of CETC Support to MF– commencement of auction payments. In Commission will direct USAC to adjust, II Support and Preservation of Service census blocks determined (after the on a going-forward basis, the amount of 46. The Commission amends its rules completion of the challenge process) not the monthly MF–II payments for a for the phase-down of identical support to be eligible for MF–II support, legacy limited period of time to account for the in order to smoothly transition to the support will be phased down starting difference between the payments at the Commission’s provision of MF–II the first day of the month following legacy support level and the MF–II support, as well as to provide release of a public notice announcing payments in the amounts to which the continuing support to those eligible the close of the MF–II auction. On that winning bidder has committed at areas that do not receive MF–II support. same date, legacy support for current auction, for the period between the The Commission’s phase-down rules recipients in eligible census blocks shall close of the auction and the issuance of have been designed so as not to be either be converted to MF–II support the public notice. inconsistent with the provisions in 47 (for the winning bidder), maintained 52. If the Commission does not CFR 54.307(e)(5)–(6) (2015), unless and (for one CETC in areas without a authorize the bidder to receive MF–II until the restrictions in Consolidated winning bidder), or subject to phase support, it will direct USAC to adjust Appropriations Act, 2016, Public Law down (for all other CETCs). The the amount of the bidder’s preservation- 114–113, Div. E, Title VI, section 631, Commission concludes that this of-service or phase-down support under 129 Stat. 2242, 2470 (2015), are no schedule is fully consonant with its the MF–II rules, on a going-forward longer in effect. The Commission adopts rules, which require that CETCs basis, to account for the difference differing phase-down schedules for continue to receive support at current between the payments at the legacy CETC support in ineligible and eligible levels until MF–II and Tribal MF–II are support level and the preservation-of- areas. implemented. MF–II and Tribal MF–II service or phase-down payments for the 47. First, as part of the pre-auction will be implemented when the public period between the close of the auction process, the Commission directs the notice announcing the close of the MF– and the Commission’s denial of Bureaus to disaggregate each CETC’s II auction and identifying the winning authorization. As an additional legacy support among the census blocks bidders has been released. This mechanism to prevent perverse it serves using that support. Currently, schedule will apply only to the incentives, however, the Commission legacy support is provided to a CETC’s recipients of legacy support. A different finds that, in applying these rules, a entire study area (SAC), with no schedule will apply to winning bidders winning bidder committing an auction attribution to particular sub-areas that do not receive legacy support in the default will be considered as having within the SAC. That creates a problem areas of their winning bids. received support in the amount of its

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winning MF–II bid if that bid is less be the lowest amount of legacy support the country at reasonably comparable than its level of CETC support for this among CETCs that have deployed the rates, and a related obligation to ensure area. In light of the Commission’s highest technology for that area. The that public funding is used effectively experience with the MF–I auctions, it Commission concludes maintaining and efficiently in furtherance of the also adopts a contingency plan to such support is necessary to preserve Commission’s statutory mandate. It is address the possibility that such a service for consumers in such areas therefore incumbent upon the winning bidder might default on its bid pending further Commission action. Commission to adopt a structure for prior to the authorization of support or 55. For CETCs receiving support in awarding universal service support that be denied such authorization. Under areas eligible for MF–II that do not ensures the finite public funds available this contingency plan, no MF–II support either win MF–II support or receive the are directed in a way that sustains and will be awarded for the area. In that minimum level of sustainable support, expands the availability of mobile event, the Commission will, however, to the phase-down of support shall services to maximize consumer benefits. the extent applicable, provide legacy commence on the first day of the month V. Public Interest Obligations support to CETCs under the after the auction concludes. For the first preservation-of-service rule and the 12 months, phase-down support shall be 59. Having established the framework phase-down rule. The Commission 2⁄3 of the legacy support for each CETC of MF–II, the Commission now concludes that this schedule is fully associated with that area. For the next addresses the public interest obligations consonant with its rules, which 12 months thereafter, phase-down that must be met by recipients of MF– mandate that a winning bidder ‘‘cease to support shall be 1⁄3 of the legacy support II support, including performance be eligible for phase-down support in for each CETC associated with that area. metrics for minimum data speeds, the first month for which it receives All legacy support shall end thereafter. maximum latency measurements, and Mobility Fund Phase II support.’’ The Commission concludes that this minimum usage allowances, consistent 53. The Commission adopts a two-year phase-down schedule will with the provision of 4G LTE service. different schedule for winning bidders ensure that the affected CETCs will have These performance requirements will be that are not CETCs in the areas of their a smooth transition in areas that are too used to measure compliance with winning bids. Because non-CETC costly to serve absent universal service established benchmarks during the ten- winning bidders must meet the same subsidies. year term of support. 56. The Commission adopts this construction deadlines as CETC A. Performance Metrics winning bidders, the Commission will phase-down schedule to fund new provide an initial balloon payment of service obligations undertaken by new 60. The Commission will require MF–II support to non-CETC winning MF–II auction winners, protect recipients of MF–II support to deploy bidders to place non-CETC winning customers of current support recipients 4G LTE. Around 84 percent of the bidders on approximately the same from a potential loss of service, and nation’s square miles (excluding Alaska) footing as other winning bidders. The minimize the disruption to legacy are covered by 4G LTE networks, as of balloon payment will consist of the non- support providers from a loss of December 2015. As the transition to 4G CETC winning bidder’s monthly MF–II funding. The Commission balances the LTE service and the transition of voice payment amount multiplied by the concerns recipients of legacy support to voice over LTE technology become number of whole months between the express regarding a rapid termination of widespread, the Commission anticipates first day of the month after the close of legacy support with its need to preserve that older devices will be retired and the auction and the issuance of the its finite universal service funds and future devices will be LTE capable. public notice authorizing support. begin funding service under the terms With the nearly universal deployment of Unlike other winning bidders, a non- and amounts established by winning 4G LTE comes a broad record consensus CETC winning bidder will not receive bids in its MF–II reverse auction. that the network technology for any new MF–II support for the area of its Accordingly, in the Commission’s deployment the Commission funds in winning bid on the first day of the implementation of MF–II support, it MF–II should be 4G LTE. Targeting MF– month after the auction concludes now establishes a certain path toward II support to 4G LTE will ensure that the because it would not necessarily be no longer paying such legacy support, Commission does not relegate rural designated as an ETC in that area. A except to preserve service where it areas to substandard service that is not non-CETC winning bidder instead will exists on a subsidized basis in eligible comparable to urban LTE service, and receive MF–II support once the areas where there is no winning bidder that the supported service is Commission issues a public notice in the MF–II auction. technologically capable of supporting authorizing MF–II support to the bidder. 57. Finally, in light of the phase down roaming on the industry LTE standard, Based on this schedule, there is no need schedules the Commission is adopting, including the networks of the four to adjust payments to account for the it sees no need to treat differently the nationwide mobile wireless service continued payments at the legacy phase down of support going to any providers. The Commission’s standards support level. The remainder of the mobile CETC for which high-cost for supported service should ensure that discussion in this section concerns the support represents one percent or less of its finite universal service funds are phase down of legacy support for its wireless revenues. As a result, legacy used efficiently to provide consumers mobile CETCs. CETC support to these providers will access to robust mobile broadband 54. In eligible areas where there is no proceed on the same phase-down service that is comparable to the 4G LTE winning bidder in MF–II, the CETC schedule as for other providers. service being offered today in urban receiving the minimum level of areas. By requiring the deployment of sustainable support will continue to F. One Provider per Eligible Area 4G LTE with on-going MF–II support, receive such support until further 58. The Commission limits support to the Commission can better utilize Commission action, but for no more a single provider for a given geographic universal service support to reach the than five years from the first day of the area going forward. The Commission approximately 575,000 square miles that month following the close of the MF–II has a statutory obligation to ensure either lack 4G LTE coverage or only auction. The Commission defines the access to advanced telecommunications have coverage because of subsidized minimum level of sustainable support to and information service in all regions of service.

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61. The Commission requires adopt a renewal expectancy for winning universal service support where it is recipients of MF–II support to offer bidders. most needed. voice service, and it adopts minimum 63. A ten-year term of support is C. Construction Requirements/ requirements for network performance consistent with the term adopted by the Benchmarks and an offered service plan that, Commission for Connect America Phase together with the 4G LTE requirement, II support. As the Commission 67. Consistent with the approach the will define the baseline 4G LTE recognized in the 2014 CAF Order, 79 Commission adopted in the Connect performance standard for MF–II FR 39163, July 9, 2014 providing America Phase II Auction Order, the recipients. Recipients of MF–II funding support for a period of ten years is Commission adopts interim benchmarks will be required to meet minimum appropriate as it may stimulate greater as well as a final benchmark for baseline performance requirements for interest in the competitive bidding deployment of service that meets the data speeds, data latency, and data process. Consequently, that ‘‘[i]ncreased performance metrics detailed in the MF– allowances in areas that receive support participation in the competitive bidding II Order. Specifically, the Commission for at least one plan that they offer. The process will help ensure that funding is defines the starting point for the interim median data speed of the network for targeted efficiently to expand benchmarks as six months from the first the supported area must be 10 Mbps broadband-capable infrastructure day of the month that follows the month download speed or greater and 1 Mbps throughout the country.’’ The in which the MF–II auction closes. The upload speed or greater, with at least 90 Commission is mindful of using the Commission requires a winning bidder percent of the required download speed lessons learned from CAF in its to demonstrate coverage of at least 40 measurements being not less than a implementation of MF–II. percent by three years after the starting certain threshold speed. For latency, at 64. The Commission further agrees point, 60 percent by four years after the least 90 percent of the required with commenters that a ten-year term of starting point, 80 percent by five years measurements must have a data latency support is appropriate in light of the after the starting point, and 85 percent of 100 milliseconds or less round trip. significant capital and effort needed to by six years after the starting point Support recipients must offer at least deploy and upgrade broadband across all areas for which it receives one service plan that includes a data networks and is consistent with the MF–II support in a state. 68. The Commission concludes that allowance comparable to mid-level timeframe used by rural carriers to plan the benchmarks serve as an appropriate service plans offered by nationwide and schedule network upgrades. The construction schedule for MF–II providers. Currently, mid-level plans certainty provided by a term of this recipients. Interim milestones ensure offer a data allowance of at least 2 GB length will help encourage more that sufficient progress is being made of data per month. Because industry and bidders—particularly smaller wireless carriers—to participate in the auction. with the finite funds it has available. consumer practices may evolve over 65. Although the Commission does Aligning the MF–II deployment time, the Commission will consider, expect the marketplace to evolve over requirements with the CAF–II after an opportunity for comment, the next ten years, it will not adopt requirements not only strikes an whether to require a larger data performance metrics that increase over appropriate balance among carriers’ allowance, initially or during the term the term of support. The Commission competing concerns, but also increases of support, based on then-available mid- concludes that the disincentives to efficiency and eases administration by level plans and/or the average per auction participation potentially created leveraging the knowledge and subscriber data usage. The Commission by evolving performance standards and experience the Commission gained will conduct the initial consideration of the administrative complexity of during the CAF–II process. The these issues, with subsequent establishing such standards outweigh Commission finds that by setting these consideration occurring by the Bureaus the performance benefits to consumers benchmarks, it will ensure that support on delegated authority. A support during the latter portion of the support recipients make consistent progress recipient’s service plan with the period. Winning bidders are required towards providing 4G LTE service to required data allowance must be offered under section 254(e) of the unserved areas of our nation, while still to consumers at a rate that is within a Communications Act to use their allowing winning bidders flexibility to reasonable range of rates for similar support throughout their term for ‘‘the address unforeseen problems or delays service plans offered by mobile wireless provision, maintenance, and upgrading in reaching their overall coverage providers in urban areas. These of facilities and services,’’ and the obligations. The Commission observes conditions will be defined more Commission expects winning bidders, that while several commenters sought precisely in the pre-auction process. to the extent possible, to upgrade their only a 75 percent coverage requirement The Commission will retain its networks to increase capacity and offer with the expectation of providing 4G authority to look behind recipients’ better services over time. LTE mobile broadband within three performance certifications and take 66. The Commission declines to adopt years, the Commission concludes that action to address any violations that any renewal expectancy or similar its 85 percent coverage requirement is develop. preference for winning bidders after more consistent with its policy objective B. Term of Support their ten-year term of support expires. of ubiquitous mobile coverage. Although a few parties support a 69. Recipients that fail to meet and 62. The Commission adopts a ten-year renewal that is based on whether a maintain these performance obligations term for MF–II support, which will carrier has met its deployment and within the time provided to submit their begin on the first day of the month after service obligations, a renewal representative data and to certify to the MF–II auction concludes. As the expectancy might undermine the coverage requirements will be subject to Commission approaches the end of the Commission’s ability to satisfy fiscal defined measures, and must cure these ten-year term, it can reassess the management principles, such as the failures to meet the deployment marketplace and determine whether a Anti-Deficiency Act. The Commission requirements or they will be in mechanism to provide future support therefore declines to adopt a renewal performance default. for mobile services is needed. In expectancy, because to do so may 70. Consistent with the Commission’s addition, the Commission declines to undermine its ability to target future CAF–II framework, support recipients

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must meet their required benchmarks 73. The Commission declines to exception that for MF–II, an applicant across all areas for which they receive expand the data roaming obligations as seeking to participate in the auction will MF–II in a state. For the final some commenters suggest, as the be permitted to be designated as an ETC benchmark, every census block group or Commission’s experience in MF–I after it is announced as a winning census tract in a state (depending on indicates that the rules it adopted there bidder for a particular area in minimum bidding unit) must also be at provide sufficient safeguards. Violations accordance with procedures it least 75 percent covered. This of these obligations by support implements. Consistent with the requirement will help ensure that the recipients could result in the eligibility requirements for MF–I, a Commission’s coverage requirements withholding of monthly universal qualified MF–II applicant must are meaningful for all consumers in service support, a finding of demonstrate access to spectrum capable supported areas. performance default, and losing of the appropriate level of service in the 71. In accordance with the data the eligibility for future Mobility Fund or geographic areas to be served, and Commission will ultimately require for USF participation. The Commission’s certify as to its financial and technical a successful challenge of the eligibility general enforcement tools are also capability to provide service within the of an area, it will require parties available to redress any violation of its specified timeframe. The Commission awarded MF–II support to submit data rules. concludes that it will not impose any sufficient to demonstrate compliance additional eligibility requirements to E. Reasonably Comparable Rates with its coverage requirements. Parties’ participate in MF–II. demonstrations shall be consistent with 74. To implement the statutory the evidence the Commission principle for MF–II, the Commission A. Designation as an ETC determines to be necessary to be adopts the proposed rules and will 78. The Commission will permit a submitted in the challenge process. require recipients to certify in their winning bidder in the MF–II auction to Concurrent with their submissions of long-form applications and annually obtain its ETC designation after the data, recipients of support will have to that in areas where they receive support close of the auction, provided it submits certify that they have met the they offer service at rates that are within proof of its ETC designation within 180 Commission’s deployment benchmarks. a reasonable range of rates for similar days of the public notice identifying The Commission directs the Bureaus to service plans offered by mobile wireless winning bidders. Before MF–II support precisely define these requirements in providers in urban areas. Recipients’ is disbursed to a winning bidder, it must the pre-auction process. This is service offerings will be subject to this demonstrate that it has been designated consistent with the USF/ICC requirement until the end of the term of an ETC covering each of the geographic Transformation Order in which the support. areas for which it seeks to be authorized Commission directed the Bureaus and 75. The Commission adopts a for support and that its ETC designation the Office of Engineering and presumption that if a given provider is allows it to fully comply with the Technology to refine the methodology offering the same rates, terms and Commission’s coverage requirements. for broadband performance testing. The conditions (including usage allowances, The Commission declines to disturb the Commission is entrusted with if any, for a specified rate) to both urban current system of state jurisdiction over distributing significant amounts of and rural customers, then that is ETC designations, even as the universal service contributions from sufficient to meet the statutory Commission permits winning bidders to consumers and businesses, and it must requirement that services be reasonably obtain ETC status after being announced ensure that there is actual coverage for comparable. as winners in the MF–II auction. consumers in areas where it is paying 76. The Commission further 79. Although the Commission initially support recipients. concludes that a recipient can proposed to follow the approach it demonstrate compliance with the adopted for MF–I and require all D. Collocation and Voice and Data required certification if its stand-alone applicants to demonstrate ETC Roaming voice plan and one service plan that designations prior to the auction, its 72. The Commission adopts the same offers data services is substantially experience after Auction 901 and collocation and voice and data roaming similar to a service plan offered by that Auction 902, and its most recent obligations for MF–II winning bidders provider, if the provider has urban conclusions regarding ETC designations as the Commission adopted for MF–I, service areas, or by at least one mobile in the CAF–II context, weigh in favor of with certain minor, non-substantive wireless provider in an urban area and a more flexible approach for MF–II. changes. With respect to collocation is offered for the same or lower rate than 80. As the Commission concluded in obligations, the Commission requires the matching urban service plan. During the CAF–II context, permitting post- that recipients of MF–II support allow the pre-auction process, the auction ETC designations for MF–II may for reasonable collocation by other Commission may define more precisely improve applicant participation in the providers on all towers that they own or the circumstances under which a auction. It will also conserve manage in the areas for which they provider can demonstrate compliance participants’ resources by avoiding receive support. The Commission also with this certification. The Bureaus will obligations for auction participants who requires that support recipients comply conduct any subsequent consideration do not win any coverage areas in the with its voice and data roaming of possible revisions regarding auction, as well as safeguarding requirements on networks that receive compliance with this requirement. The potential bidding strategies of MF–II support. Specifically, consistent Commission retains its authority to look applicants seeking ETC designation with the approach adopted for MF–I, the behind recipients’ certifications and before an auction. The Commission will Commission requires that recipients of take action to address any violations not provide any support until a winning MF–II support provide roaming that develop. bidder has obtained and demonstrated pursuant to 47 CFR 20.12 and comply ETC designation for its entire winning with any modifications of the roaming VI. Provider Eligibility Requirements bid area, and is not persuaded by the rules that it makes during the period 77. The requirements the Commission concerns raised by one commenter, MF–II support is provided throughout adopts are essentially the same as those which argues that allowing applicants to networks that receive MF–II support. adopted for MF–I, with the limited seek ETC designation after winning

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would encourage speculation by carriers 54.207(b). Forbearing from the service required spectrum access and certify seeking to obtain federal funding to area conformance requirement that the description is accurate and that serve areas that are unfamiliar to them. eliminates the need for redefinition of the applicant will retain such access for 81. Similar to the process adopted for any rural telephone company service at least ten years from the date on which CAF–II support, the Commission areas in the context of the MF–II it is authorized to receive support. requires winning bidders of MF–II auction. Accordingly, Commission rules Specifically, an applicant will be support to submit proof of their ETC regarding the redefinition process are required to disclose whether it currently designations within 180 days of the inapplicable to petitions that are subject holds or leases the spectrum, including public notice announcing them as to this order. However, if an existing any necessary renewal expectancy, and winning bidders. Failure to obtain ETC ETC seeks support through the MF–II whether such spectrum access is status and submit the required auction for areas within its existing contingent on obtaining support in a documentation by the deadline will be service area, this forbearance will not MF–II auction. The Commission considered an auction default, though have any impact on the ETC’s pre- specifies that any other contingency will the Commission will consider existing obligations with respect to render the relevant spectrum access applications for waiver of the 180-day other support mechanisms and the insufficient for the party to meet the deadline from entities who are existing service area. Commission’s requirements for diligently pursuing ETC designation. 86. The Commission concludes that participation. For the described 82. Based on what the Commission forbearance is warranted in these spectrum access to be sufficient, the observed in the rural broadband limited circumstances. The Commission further concludes that the experiments, when considering waivers Commission’s objective is to distribute applicant must obtain any necessary of the 180-day timeframe for obtaining support to winning bidders as soon as approvals from the Commission prior to ETC designation, the Commission will possible so that they can begin the filing its short-form application. presume that an entity will have acted process of deploying mobile service to in good faith if the entity files its ETC consumers in those areas. Case-by-case 88. Because it would be inconsistent application within 30 days of the release forbearance would likely delay the with the level of commitment the of the public notice announcing that it Commission’s post-auction review of Commission thinks a serious applicant is a winning bidder. Consistent with the entities once they are announced as should demonstrate, the Commission rural broadband experiments, where the winning bidders. The Communications declines to adopt the suggestion of some Commission delegated authority to the Act requires the Commission to forbear commenters to allow for a substantially Wireline Competition Bureau to act on from applying any of its requirements or more relaxed standard that would waivers, here, the Commission directs the Commission’s regulations to a permit entities to seek to acquire access the Wireless Telecommunications telecommunications carrier if it to spectrum on a ‘‘fill-in’’ basis after the Bureau to act on any such waivers. determines that: (1) Enforcement of the short-form filing deadline. 83. Any circumstances where a state requirement is not necessary to ensure 89. Consistent with the Commission’s will need more time due to procedural that the charges, practices, decision in MF–I, the Commission requirements or resource issues can be classifications, or regulations by, for, or concludes that an applicant seeking dealt with through the waiver process. in connection with that MF–II support must have access to Accordingly, to preserve the primary telecommunications carrier or spectrum necessary to fulfill any MF–II role that Congress gave the states in telecommunications service are just and obligations prior to participating in the designating ETCs, the Commission reasonable and are not unjustly or MF–II auction because allowing reaffirms that it will act on an ETC unreasonably discriminatory; (2) otherwise would be inconsistent with designation petition pursuant to 47 enforcement of that requirement is not the serious undertakings implicit in U.S.C. 214(e)(6) ‘‘only in those necessary for the protection of bidding for ongoing support. The situations where the carrier can provide consumers; and (3) forbearance from Commission therefore requires the Commission with an affirmative applying that requirement is consistent applicants to ensure that if they become statement from the state commission or with the public interest. The winning bidders, they will have the a court of competent jurisdiction that Commission’s experience in MF–I has spectrum to meet their obligations as the carrier is not subject to the state shown that service area conformance quickly and successfully as possible, commission’s jurisdiction.’’ forbearance was just and reasonable in and adopts the spectrum access rule accomplishing the goals of the Mobility B. Forbearance From Service Area proposed in the 2014 CAF Further Fund, did not harm consumer Redefinition Process Notice. protections, and was in the public 84. The Commission concludes that interest in the Mobility Fund context. 90. The Commission will require that forbearance from the 47 U.S.C. 214(e)(5) The Commission concludes that each of applicants identify the particular service area conformance requirement these statutory criteria is met for frequency bands and the nature of the for recipients of the MF–II competitive winning bidders of the MF–II access on which they assert their bidding process serves the public competitive bidding process, and the spectrum access necessary to interest. The Commission has decided Commission incorporates by reference demonstrate eligibility for support. The that providing MF–II support to only here the analysis of these forbearance Commission will assess the one provider in a given geographic area factors that it considered and found reasonableness of those eligibility in exchange for its commitment to offer warranted forbearance in MF–I and certifications based on information it service that meets its requirements CAF–II. will require to be submitted in short- throughout the funded area achieves its and long-form applications. The objectives for fiscal responsibility. C. Spectrum Access Commission cautions applicants that if 85. For those entities that obtain ETC 87. The Commission requires that an they make this certification and do not designations as a result of being selected applicant for an MF–II auction have have or maintain access to the as winning bidders for the MF–II access to spectrum necessary to fulfill appropriate level of spectrum, they will auction, the Commission forbears from any obligations related to support. An be subject to the auction or performance applying 47 U.S.C. 214(e)(5) and 47 CFR MF–II applicant must describe its default rules.

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D. Financial and Technical Capability and provide a fair opportunity for all support to a mobile provider in any area serious, interested parties to participate. where it has awarded MF–II support. 91. In MF–I, the Commission concluded that it would require a party F. Inter-Relationship With Other G. Partnerships to be financially and technically capable Universal Service Mechanisms and 96. The Commission concludes that of satisfying the performance Obligations the rules it is adopting for MF–II are requirements of providing service 93. Consistent with the record, the sufficiently flexible to allow recipients within the specified timeframe in the Commission will allow recipients of of MF–II to fulfill their public interest geographic areas for which it sought MF–I support to participate in an MF– obligations associated with MF–II. The support. In proposing that parties II auction. While the Commission does Commission is committed to preserving seeking MF–II support satisfy this same not anticipate that it will prohibit MF– and expanding mobile voice and eligibility requirement, the Commission II winning bidders from seeking support broadband coverage to those areas that proposed to require an entity to certify, through other universal service lack services without subsidies, and in the pre-auction short-form mechanisms merely because they have concludes that allowing support application and in the post-auction received MF–II support, the recipients to reach agreements with long-form application, that it is Commission notes that the goals of other providers for this purpose may financially and technically capable of Phase II of the Mobility Fund are to help further that objective. The Commission providing service within the specified ensure the availability of mobile voice recognizes based on its experience with timeframe in the geographic areas for and broadband services across the MF–I that providers are best suited to which it seeks support. The country. The Commission emphasizes determine the most efficient and cost Commission’s experience with MF–I that in establishing rules for each indicates that requiring these separate universal service funding effective manner to fulfill their public certifications is a reasonable protection mechanism, it is including rules to interest obligations, and the for the auction process and to safeguard prevent the disbursement of redundant Commission has designed rules that the award of universal service funds. support. should afford them the flexibility to The Commission adopts its proposed 94. The Commission stresses that consider arrangements that meet their requirement and the proposed rule, with because Phase I provided strictly non- individual business needs without the clarification that the applicant must recurring support, the Commission prescribing any particular solutions or certify that it is financially and required an MF–I participant to certify limitations, provided that such technically qualified to provide the at the pre-auction, short-form stage that agreements otherwise comply with services supported by MF–II within the it was financially and technically relevant statutory and regulatory capable of providing 3G or better service specified timeframe in the geographic requirements. The Commission cautions within the specified timeframe in the areas for which it sought support. applicants seeking support, however, geographic areas for which it sought that regardless of any agreements they E. Encouraging Participation support without any assurance of may enter, the winning bidder is the ongoing support, but it did not foreclose entity responsible for maintaining its 92. The Commission will permit all the potential of such an entity eligibility, including but not limited to qualified eligible applicants to subsequently receiving ongoing support its ETC status, and meeting its participate in the MF–II auction. In so to maintain that service after the five- performance obligations for MF–II doing, the Commission seeks to year time frame expired. Insofar as it support. Similarly, all monies awarded encourage participation by the widest furthers the Commission’s policy goals through the auction process must flow possible range of applicants possible, to expand and preserve service to areas directly to the winning bidder as that is regardless of their size. The that would not be covered absent the entity upon which the Commission Commission’s commitment to fiscal government subsidies, the Commission has assessed compliance with all responsibility requires that it distributes concludes that a winning bidder in MF– support requirements, including its ETC its finite budget to the provider that I may participate in the auction to seek status. submits the superior, most cost-effective ongoing support in MF–II for any area bid in the MF–II auction. The deemed eligible. H. Bidding Preference for Small Commission will not limit eligibility for 95. On the issue of the Businesses MF–II to smaller providers thereby interrelationship of MF–II and the potentially limiting the Commission’s Remote Areas Fund (RAF), the 97. The Commission declines to adopt ability to further close the 4G LTE Commission has not limited the a bidding preference for small coverage gap. The Commission therefore availability of MF–II support based on businesses for MF–II. In view of the declines to adopt the proposals of some the existence of the RAF, which is a Commission’s experience with MF–I, small, rural providers that suggest that concern for several commenters. Rather, where numerous smaller carriers placed it should restrict the participation of the Commission has set the budget winning bids to receive funding for certain classes of carriers in order to based on the reasons discussed in the service without the aid of bidding facilitate participation. Furthermore, as MF–II Order. The Commission reaffirms credits, the Commission concludes that the Commission concluded in MF–I, it the commitment to the RAF framework it is unnecessary to adopt small will not bar any party from seeking MF– and rules adopted in the Connect business bidding credits for a MF–II II support based solely on the party’s America Phase II Auction Order. The auction. Also, a bidding credit for small past decision to relinquish Universal Commission also concludes that it businesses would potentially reduce the Service Funds provided on another would not make sense to fund a mobile reach of the Commission’s finite funds. basis. Consistent with its approach in provider in an eligible area through MF– The Commission is unwilling to forgo spectrum auctions, the Commission II and fund yet another such provider additional coverage expansion or expects that its general auction rules (or possibly the same one) in that same preservation in order to favor smaller and procedures will provide the basis area in the RAF. Accordingly, the providers, particularly in light of the for an auction process that will promote Commission decides that it shall participation and success of small and the Commission’s objectives for MF–II structure the RAF so as not to award rural businesses in MF–I.

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VII. Auction Rules and Process qualifications prior to authorization of B. Bidding Process support. 98. The Commission adopts rules that 1. Auction Design and Competitive govern the auction process for MF–II, 100. The Commission also adopts the Bidding Mechanisms and Procedures including pre-auction requirements and proposals, with certain amendments, in 102. The Commission adopts, with general rules for auction design and the the USF/ICC Transformation FNPRM certain minor non-substantive changes, bidding process. These rules provide the regarding the types of information the existing 47 CFR part 1 rules on basic framework and requirements for bidders will be required to disclose in competitive bidding for universal participating in an auction for MF–II their MF–II auction short-form service support contained in Subpart support. Consistent with past practice, applications. The Commission AA. The high-level auction rules for the specific procedures will be concludes that, based on its experience competitive bidding procedures for established as part of the pre-auction with MF–I, this approach strikes an universal service support that the process, including determining auction- appropriate balance in ensuring that Commission adopts set out a range of related timing and dates, identifying entities are legally, technically, and options and mechanisms that the areas eligible for support, and financially qualified, while at the same Commission may use for such purposes. establishing detailed bidding time minimizing the burden on The Commission takes the opportunity procedures consistent with the MF–II applicants and Commission staff. Thus, to reorganize the way it articulates Order as well as any issues resolved the Commission will require that each certain of the relevant rules, without following the Further Notice of auction applicant provide information altering the substance, to be consistent Proposed Rulemaking adopted at the to establish its identity, including with the latest developments regarding same time as the MF–II Order. This pre- disclosure of parties with ownership the Commission’s approach to auction process will be similar to those interests, consistent with the ownership competitive bidding in other contexts. the Commission has used for spectrum interest disclosure required in Part 1 of Specifically, the Commission auctions and to those used in Auction the Commission’s rules for applicants restructures the rules to present them in 901 to distribute MF–I support. for spectrum licenses, as well as any terms of auction procedures governing agreements the applicant may have bid collection, assignment of winning A. Pre-Auction Application Process relating to the support to be sought bids, determination of support payment through the auction. Applicants will amounts, as well as particular 99. Based on the Commission’s only be able to make minor mechanisms for conducting the experience with MF–I and the process it modifications to their short-form auctions. The reorganized competitive adopted in CAF–II, the Commission applications. Major amendments, for bidding procedures rules will facilitate adopts a two-stage application process example, changes in an applicant’s the development of procedures for the for an applicant seeking to participate in ownership that constitute an assignment MF–II auction that are consistent with the MF–II auction. Under this process, or transfer of control, will make the the universal service support technical interested parties will submit a pre- applicant ineligible to bid. requirements and policies generally and auction ‘‘short-form’’ application, 101. Each applicant will be required that address the needs of the providing basic information and Commission and interested bidders. The certifications regarding their eligibility to disclose and certify its ETC status, although, the Commission does not bidding procedures for the MF–II to receive support. After the application auction will include, among other deadline, Commission staff will review require an applicant to obtain an ETC designation prior to bidding in MF–II. things, details pertaining to multiple the short-form applications to determine round bidding and package bidding. whether applicants have provided With respect to eligibility requirements sufficient information required at the relating to spectrum access, applicants 2. Information and Communications short-form stage to be eligible to will be required to disclose and certify 103. To maximize competition and participate in a MF–II auction. Once the source of the spectrum they plan to promote fairness, the Commission review is complete, Commission staff use to meet Mobility Fund obligations proposed to retain for MF–II its usual will release a public notice indicating in the particular area(s) for which they auction policies regarding permissible which short-form applications are plan to bid. Specifically, applicants will communications during the auction and deemed complete and which are be required to disclose whether they the public release of certain auction- deemed incomplete. Applicants whose currently hold a license or lease the related information. The Commission short-form applications are deemed spectrum, including any necessary adopts the proposed rules prohibiting incomplete will be given a limited renewal expectancy, and whether such auction applicants from communicating opportunity to cure defects and to spectrum access is contingent on with one another regarding the resubmit correct applications. Only obtaining support in an MF–II auction. substance of their bids or bidding minor modifications to an applicant’s Applicants must have secured any strategies, and providing for limited short-form application will be Commission approvals necessary for the public disclosure of auction-related permitted. Major modifications would required spectrum access prior to information as appropriate. include, for example, changes in submitting an auction application. ownership of the applicant that would Moreover, applicants will be required to C. Auction Cancellation constitute an assignment or transfer of certify that they will retain their access 104. In the USF/ICC Transformation control. The Commission will then to the spectrum for at least ten years FNPRM, the Commission proposed, release a second public notice from the date support is authorized. The consistent with its approach in designating the applicants that are Commission notes that no commenters spectrum auctions and Mobility Fund qualified to participate in the MF–II addressed the Commission’s proposed Phase I, that its rules provide discretion auction. After the close of the auction, pre-auction application process for MF– to delay, suspend, or cancel bidding winning bidders will be required to II, and therefore concludes that the rules before or after a reverse auction begins submit ‘‘long-form’’ applications with it adopted will best serve the under a variety of circumstances, more extensive information to allow for Commission’s ability to hold a fair and including natural disasters, technical an in-depth review of their efficient auction. failures, administrative necessity, or any

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other reason that affects the fair and anticipates that wireless providers that adopts the proposed rule regarding efficient conduct of the bidding. Based have participated in spectrum license financial and technical capability on its experience with spectrum license auctions will already be familiar with certification, as amended. auctions and Mobility Fund Phase I, the the disclosure requirements. These 4. Network Coverage Plan Commission concludes that such a rule companies will also have ownership is necessary and adopts it. disclosure reports (in the short-form 111. For winning bids, the applicant application or FCC Form 602) on file VIII. Post-Auction Process and Support must submit a project description that with the Commission, which may describes the network to be built or 105. The Commission adopts rules to simply need to be updated, minimizing upgraded; identifies the proposed govern the post-auction process and the the reporting burden on winning technology; demonstrates that the authorization of support for MF–II. bidders. project is technically feasible; discloses These rules provide the basic framework 2. ETC Eligibility the complete project budget; and and requirements for winning bidders to discusses each specific phase of the demonstrate their qualifications for MF– 108. Consistent with the eligibility project (e.g., network design, II support. This post-auction process requirements adopted in the MF–II construction, deployment, and will be similar to that used for MF–I Order, the Commission will permit a maintenance). A complete project support. Shortly after bidding has winning bidder in the MF–II auction to schedule, including timelines, ended, the Bureaus will issue a public obtain its ETC designation after the milestones, and costs, must also be notice declaring the auction closed, close of the auction, provided that it provided. Milestones should include the identifying the winning bidders, and submits proof of its ETC designation start and end date for network design; establishing details and deadlines for within 180 days of the public notice start and end date for drafting and next steps, beginning with the long-form identifying winning bidders. posting requests for proposal (RFPs); application. 109. Before MF–II support is authorized, a winning bidder must start and end date for selecting vendors A. Long-Form Application demonstrate that it has been designated and negotiating contracts; and start date 106. In the USF/ICC Transformation an ETC covering each of the geographic for commencing construction and end FNPRM, the Commission proposed to areas for which it seeks to be authorized date for completing construction. apply the same long-form application for support and that its ETC designation Winning bidders may file as separate process for MF–II as it adopted for MF– allows it to fully comply with the documents a public/redacted version of I. Under this process, applicants for Commission’s coverage requirements their project descriptions and a MF–II support would be required to within the time provided to meet this confidential version of their project demonstrate in their long-form requirement. A winning bidder must descriptions, if necessary, accompanied applications that they are legally, submit appropriate documentation of its by a Request for Confidentiality that technically, and financially qualified to ETC designation in all the areas for aligns with existing Commission rules. receive MF–II support. The Commission which it will receive support in its long Project descriptions must align project concludes that winning bidders for MF– form application or certify that it will do schedules with the required buildout II support will be required to comply so within 180 days of the public notice milestones. with the same long-form application identifying winning bidders. 5. Spectrum Access process it adopted for MF–I, and adopts Appropriate documentation should a rule to govern this process, modified include the original designation order, 112. The Commission adopts its from that originally proposed consistent any relevant modifications (e.g., proposed rule to require applicants to with the Commission’s stance on ETC expansion of service area or inclusion of provide a description of the spectrum designation timing and other rules wireless), along with any name-change access that the applicant will use to adopted in the MF–II Order. Consistent orders. Each winning bidder should meet its obligations in areas for which with the Commission’s standard connect the designations to the winning it is the winning bidder, including practices, upon close of an MF–II bids so that it is clear that the bidder has whether it currently holds a license or auction, the Bureaus will release a ETC status in each winning area. This leases the spectrum, along with any public notice, which will provide obligation may be satisfied by providing necessary renewal expectancy, and further details regarding the submission maps of the recipient’s ETC designation certify that the description is accurate and processing of the long-form area, map overlays of the MF–II support and that the applicant will retain such application. areas, and narrative explanations access for the entire ten year support explaining the connections between the term. The description should identify 1. Ownership Disclosure ETC designations and MF–II support the license applicable to the spectrum to 107. The Commission also adopts the areas. be accessed. The description of the ownership disclosure requirements license must include the type of service proposed in the USF/ICC 3. Financial and Technical Capability (e.g., AWS, 700 MHz, BRS, PCS, etc.), Transformation Order for MF–II. Certification the particular frequency bands and the Specifically, the Commission will 110. As in the pre-auction short-form call sign. This information should be require the same Part 1 ownership application stage, a long-form applicant verifiable in the Commission’s disclosure requirements that already must certify that it is financially and Universal Licensing System. Reference apply in the spectrum license context, technically capable of providing the to other Commission data repositories and therefore adopts the related required coverage and performance should not be necessary, as the proposed rule. Pursuant to these levels within the specified timeframe in complete information needed to requirements, an applicant for MF–II the geographic areas in which it won determine on what licenses the support must fully disclose its support. An applicant should take care applicant intends to rely should be ownership structure as well as to review its resources and its plans included in the MF–II long-form information regarding the real party- or before making the required certification application. Applications will be parties-in-interest of the applicant or and be prepared to document its review, reviewed to assess the reasonableness of application. The Commission if necessary. Thus, the Commission the certification.

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6. Certifications as to Program opinion letter stating that the funds concludes that the government’s need to Requirements secured by the LOC will not be safeguard the disbursement of these 113. With regard to certifications of considered to be part of the recipient’s monies outweighs the limited burden program requirements, the Commission bankruptcy estate in the event of a incurred by winning bidders. concludes that an applicant must certify bankruptcy proceeding under section 120. In reaching this conclusion, the in its long-form application that it has 541 of the Bankruptcy Code. These Commission carefully weighed the the funds available for all project costs safeguards will allow us to utilize an comments it received on whether it that exceed the amount of support to be LOC to resolve a performance default. should require LOCs for MF–II. While received, and that it will comply with Accordingly, the following the concerns expressed by some all program requirements. These authorization requirements must be commenters do not warrant abandoning requirements include the public interest satisfied in order for MF–II support to an LOC requirement altogether, they do obligations contained in the be authorized. support the Commission’s decision to depart from the LOC provisions utilized Commission’s rules and set forth in the 1. Letters of Credit MF–II Order. Applicants must certify in MF–I, and to instead adopt LOC 117. In MF–I, the Commission that they will meet the applicable provisions that closely align with the required all winning bidders to obtain deadlines and requirements for CAF–II LOC process and MF–II LOCs ensuring the successful demonstrating interim and final performance requirements. For instance, fulfillment of each winning bid and performance benchmarks set forth in the allowing the LOC to decrease over time protecting the Commission’s investment rules, and that they will comply with as a support recipient satisfies its of universal service funds. In the CAF– the MF–II collocation, voice and data minimum coverage and service II auction context, the Commission roaming, and reasonably comparable requirements, as the Commission adopted LOC requirements with rate obligations. The Commission will allowed in the CAF–II context, should standards that initially cover the first retain its authority to look behind effectively protect public funds under year of support of a recipient’s winning recipients’ certifications and take action less onerous terms than were applied in bid, and that are adjusted annually to address any violations that develop. the MF–I auction. Moreover, the thereafter, reasoning that LOCs were an Commission can also incorporate other 7. Other Information effective means for fulfilling the terms and processes adopted in the 114. Any additional information that Commission’s role as stewards of public CAF–II auction context to address the is required to establish whether an funds. concerns of commenters to achieve applicant is eligible for MF–II support 118. Consistent with the rules greater efficiencies in the MF–II LOC will be announced by public notice. governing MF–I and CAF–II auctions, requirements. The Commission the Commission adopts a rule for MF– therefore requires an LOC for MF–II 8. Transfers and Assignments II requiring that, prior to the winning bids that will remain in place 115. The award of MF–II support is authorization of support, all winning until USAC, in conjunction with the based upon the eligibility and bidders for support must provide us Commission, verifies that a MF–II performance of the winning bidder. with an irrevocable standby LOC by a winning bidder has met its minimum Therefore, a recipient of MF–II support bank that is acceptable to the coverage and service requirements at the that later seeks to transfer control or Commission in substantially the same end of the six-year milestone. assign its licenses in the winning bid form as the model Letter of Credit set 121. Consistent with the approach area to another carrier should be aware forth in the appendix to the MF–II utilized in CAF–II, the Commission will that, if the buyer or assignee carrier is Order, and, in any event, must be require that the initial value of the LOC not eligible to receive MF–II funds or is acceptable in all respects to the to be set to at least the amount of uninterested in remaining in the Commission. Specifically, the authorized MF–II support for the first program, the winning bidder will Commission adopts requirements for a year. Before the winning bidder can remain liable for its winning bid bank to be acceptable to the receive its next year’s MF–II support, it obligations and will be considered to Commission to issue the LOC that are must modify, renew, or obtain a new have committed a performance default if similar to the requirements adopted for letter of credit to ensure that it is valued it can no longer fulfill those obligations MF–I, with the exception of the at a minimum at the total amount of after completing the transfer or expansion of the acceptable banks noted money that has already been disbursed assignment. All assignees seeking to below. plus the amount of money that is going receive MF–II support will become 119. The Commission concludes that to be provided in the next year. subject to the eligibility, certification, an LOC meeting the requirements set 122. Moreover, similar to the process and disclosure requirements included in out below is neither unreasonably adopted in CAF–II, the Commission will the MF–II rules. burdensome nor excessively costly for a allow a support recipient to modestly winning bidder to obtain in light of the reduce its LOC as it meets its interim B. Authorization Requirements and benefit to the universal service program. benchmarks. The LOC must be Steps While obtaining an LOC incurs costs, maintained for 100 percent of the total 116. In the USF/ICC Transformation the Commission anticipates that bidders support amount disbursed plus the FNPRM, the Commission proposed to can incorporate these costs when amount to be disbursed in the next year apply the same process for authorization determining their bids. As the until USAC, in coordination with the of release of awarded funds for MF–II Commission found in MF–I, and in Commission, has determined that the support as was adopted in Phase I. The considering this issue in other aspects of recipient has met its interim benchmark Commission concludes that before being the Connect America Fund, companies for deployment to 60 percent of the authorized for support, a winning with existing lending relationships often required coverage area; and subject to bidder must submit an irrevocable use LOCs in the normal course of USAC’s consent, the amount of the LOC standby letter of credit (LOC), which operating their businesses and, may decrease to an amount equal to 90 shall be acceptable in all respects to the generally, are able to maintain multiple percent of the total support amount Commission. Additionally, winning forms of financing for varying purposes. already disbursed plus the amount that bidders must supply a legal counsel’s Therefore, on balance, the Commission will be disbursed in the coming year.

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Once USAC, in coordination with the specific measures it can take to provide at a minimum demonstrates that the Commission, has determined that the MF–II recipients greater flexibility in bank offers good financial security and recipient has met its interim benchmark obtaining their LOCs. For instance, to has the resources to deal with a variety for deployment to 80 percent of the reduce the number of LOCs that a of adverse economic conditions. And required coverage area, and subject to winning bidder may need, the requiring that U.S. issuing banks also be USAC’s consent, the amount of the LOC Commission will allow winning bidders FDIC-insured has the added benefit of may decrease to an amount equal to 80 to provide a single LOC covering all its relying on the oversight of the FDIC and percent of the total support amount winning bids within a single state. The its protections. The Commission already disbursed plus the amount that Commission therefore directs the therefore concludes that this more will be disbursed in the coming year. Bureaus to establish a reasonable means expansive definition of acceptable banks After USAC, in coordination with the to permit a winning bidder to provide achieves an appropriate balance Commission, has determined that the a single LOC that covers all its winning between reducing burdens for winning recipient has met its final benchmark for bids within a single state in the amount bidders, particularly small and rural deployment to a minimum of 85 percent specified in the MF–II Order, if the entities, while still protecting the public of the required coverage area by state recipient so desires. Moreover, funds. and at least 75 percent by each census consistent with the Commission’s 127. For similar reasons, the block group or census tract in a state decision in the CAF–II context, if a Commission will also permit entities to included in the LOC, the recipient may winning bidder chooses to obtain a obtain letters of credit from CoBank, relinquish its LOC. Recognizing that the letter of credit for each of its bids that ACB (CoBank) or the National Rural risk of a default will lessen as a are located in a state and defaults after Utilities Cooperative Finance recipient makes progress towards its failure to pay the recoupment Corporation (CFC) as long as each of building its network, the Commission calculation for non-compliance, the these two entities maintains assets that finds that it is appropriate to modestly Bureaus will authorize a draw on all of place them among the top-100 U.S. reduce the value of the letter of credit the letters of credit covering all of the banks in terms of the amount of assets, in an effort to reduce the cost of bids in that state. and they maintain a credit rating of maintaining a letter of credit as the 125. Furthermore, consistent with the BBB¥ or better from Standard & Poor’s recipient meets certain service acceptable bank standards recently (or the equivalent from a nationally- milestones. Such a system of modest adopted for the CAF–II auction process, recognized credit rating agency). The reductions in the value of the LOC the Commission amends and expands entity’s assets will be determined on the aligns with the LOC procedure adopted the definition of an ‘‘acceptable bank’’ basis of total assets as of the end of the in CAF–II. for the purposes of MF–II LOC calendar year immediately preceding 123. These LOC requirements should requirements. By expanding the list of the issuance of the letter of credit, help to achieve the Commission’s goal banks eligible to provide LOCs, the determined on a U.S. dollar equivalent of fiscal responsibility and should Commission seeks to lower barriers for basis as of such date. The Commission protect the disbursement of universal entities, particularly small and rural has recognized that these entities are not service funds while also being businesses that might otherwise face traditional banks in that they do not responsive to concerns expressed in the obstacles in obtaining an LOC from a accept deposits from members of the record that MF–II LOC requirements smaller pool of banks, while still public. Thus, these entities do not have should not be onerous. The reporting ensuring that there are adequate a Weiss bank safety rating and are not and performance requirements that it considerations given to the soundness of FDIC-insured. However, CFC and has adopted for MF–II together with the bank issuing a letter of credit. CoBank can be considered banks in the these LOC provisions, which are 126. Accordingly, the Commission context of the Commission’s program consistent with the CAF–II auction LOC will require that, for U.S. banks, the because they use their capital resources requirements previously adopted by the bank must be insured by the Federal to make loans. Accordingly, the Commission, should ensure that in the Deposit Insurance Corporation (FDIC) Commission finds these two entities to event of a performance default, monies and have a Weiss bank safety rating of be sufficiently comparable to are in place to satisfy a recipient’s B¥ or higher. This modification to the commercial depository banks to issue obligations for failing to comply with definition of acceptable banks expands letters of credit in the MF–II program. the terms of support. All MF–II the number of eligible U.S. banks from 128. CoBank has met the more recipients, along with the federal fewer than 70 banks, as were allowed in stringent issuing bank eligibility government, should bear the MF–I, to approximately 3,600 banks for requirements for MF–I and rural responsibilities of safeguarding these MF–II winning bidders. These broadband experiments, and has issued funds. However, the Commission provisions together should help to a number of letters of credit for these nonetheless recognizes that there may ensure that LOCs are secured by programs. Although CoBank is not be a need for greater flexibility regarding financially sound institutions. FDIC-insured, it is insured by the Farm LOCs for Tribally-owned and controlled Moreover, unlike credit ratings obtained Credit System Insurance Corporation, winning bidders. Thus, if any Tribally- by banks in the commercial markets, which the Commission found provides owned and -controlled MF–II winning Weiss rates all banks that report protections that are equivalent to those bidder is unable to obtain a LOC, it may sufficient data for Weiss to analyze and, indicated by holding FDIC-insured file a petition for a waiver of the LOC more importantly, is a subscription deposits. As long as CoBank retains its requirement. Waiver applicants must service and is not compensated by the standing with assets equivalent to a top- show, with evidence acceptable to the banks that it rates. Weiss therefore offers 100 U.S. bank and a qualified credit Commission, that the Tribally-owned an independent and objective rating, the Commission sees no reason and -controlled winning bidder is perspective of the safety of the banks it to depart from its conclusion not to unable to obtain a LOC. rates based on capitalization, asset exclude CoBank from eligibility simply 124. In addition to providing greater quality, profitability, liquidity, and because CoBank is not rated by Weiss. flexibility on the amount of support the stability indexes. Requiring that the 129. CFC’s assets also make it LOC will cover, the Commission banks have a Weiss rating of at least B¥ comparable to commercial depository concludes that there are additional ensures that the bank has a rating that banks that are in the top 100 based on

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total assets, and it has a credit rating among the 100 largest non-U.S. banks in throughout the ten-year support term. from Standard & Poor’s of A. But the world (determined on the basis of During the ten-year support term, because CFC is not a depository total assets as of the end of the calendar provided that the winning bidder files institution and it is not part of the Farm year immediately preceding the acceptable, complete, and timely annual Credit System, it is not FDIC or FCSIC- issuance of the letter of credit, and milestone reports, fulfills the insured. Nevertheless, CFC is uniquely determined on a U.S. dollar equivalent milestone coverage requirements, and situated and should be made eligible to basis as of such date) and maintain a does not otherwise have a performance the extent it retains its standing with credit rating of BBB¥ or better from default, the recipient will receive assets equivalent to a top-100 U.S. bank Standard & Poor’s (or the equivalent monthly disbursements of 100 percent and a qualified credit rating. CFC is from a nationally-recognized credit of the total winning bid(s). ‘‘owned by, and exclusively serves’’ rating agency). The bank must also have rural utility providers, and CFC a branch in the District of Columbia or 135. This approach provides MF–II manages and funds its affiliate, the such other branch office as agreed to by recipients with reliable and predictable Rural Telephone Finance Cooperative the Commission and must issue the support payments that conform to a (RTFC), which lends primarily to letter of credit payable in United States variety of business cycles and telecommunications providers and dollars. correspond to suggestions in the record. affiliates across the nation. As the 132. As in the process permitted in The Commission is mindful that some largest non-governmental lender for the CAF–II rules and also followed in carriers might incur higher up-front rural utilities, CFC has specialized MF–I, if the winning bidder is not project costs prior to their ability to institutional knowledge regarding the prepared to present its LOC at the time commence the provision of service to types of entities expected to participate of the long-form application filing, the the targeted area because infrastructure in universal service competitive bidding Commission will allow the submission expansion projects might require larger to serve fixed locations and has of a commitment letter from the bank payments in the earlier years of the demonstrated that it has significant and issuing the LOC in the long-form disbursement term. The Commission long-term experience in financing the application filing. A winning bidder concludes that MF–II monthly deployment of rural networks. This will, however, be required to have its disbursements will best accommodate unique and long-standing role in rural LOC in place and approved by USAC carriers’ project schedules or ongoing network deployment coupled with before it is authorized to receive MF–II expenses of providing service in a CFC’s qualifications, provides the support. manner that is efficient from an Commission with sufficient assurance 2. Opinion Letters administrative prospective. Moreover, that CFC has the qualifications to assess because the Commission decides that the financial health of winning bidders 133. Consistent with the rules for MF– support payments should be regular and I and CAF–II, at the time a winning and honor the LOCs that it issues, predictable over the entire course of the bidder for MF–II support submits its without the need for the independent ten-year term for all recipients, and LOC, it also will be required to provide oversight of CFC’s safety and soundness because the Commission seeks to not an opinion letter from legal counsel that would be offered by FDIC or FCSIC exceed the budget in any one year of the insurance or a Weiss safety rating. The clearly stating, subject only to customary assumptions, limitations and term, recipients will not be able to Commission concludes that, based on receive accelerated payment of their the totality of these circumstances, CFC qualifications, that, in a proceeding under the Bankruptcy Code, the support for attaining the interim is eligible to issue LOCs despite the fact milestones early. This determination that it does not meet the FDIC and bankruptcy court would not treat the aligns with the decision to reject Weiss rating requirements. The decision LOC or proceeds of the LOC as property accelerated payments in CAF–II as well. to make CFC an eligible issuer is of the winning bidder’s bankruptcy conditioned on CFC notifying the estate, or the bankruptcy estate of any 136. All MF–II recipients have a Commission of any significant change to other bidder-related entity requesting continuing obligation to maintain the any of the showings it has made to the issuance of the LOC, under 11 U.S.C. accuracy and completeness of the Commission. 541. A winning bidder will be required information provided in their long-form 130. The Commission further notes to have its opinion letter in place before applications and their annual and that it is not adopting alternative it is authorized to receive MF–II support milestone reports. All winning bidders eligibility requirements that would and before any support is disbursed. shall provide information about any permit banks that are not FDIC or C. Disbursements substantial change that may be of FCSIC-insured or that do not have a decisional significance regarding their Weiss bank safety rating to issue letters 134. Consistent with the process eligibility for MF–II support and of credit. Instead, the Commission adopted in the CAF–II auction context, compliance with MF–II requirements. concludes that, for purposes of the Commission concludes that MF–II 137. The Commission reserves the providing security for winning bidders, support should be disbursed in monthly an LOC from CFC provides assurances installments over the course of the ten- right for USAC to cease monthly that are equivalent to those provided by year support term. For MF–II, support disbursements immediately should the banks meeting the Commission’s general recipients will have made winning bids winning bidder have a performance criteria, due to CFC’s uniquely extensive to provide service at established default, or if it fails to comply with any experience in financing rural networks, performance requirements to at least 85 of the terms or conditions for the receipt its significant participation in other percent of the eligible square miles of the support under any of the federal government programs, and its across all winning bid areas for which Commission’s rules. In addition, the long-standing relationship with many they win MF–II support in a state by the Commission directs the Bureaus and the entities that may become MF–II winning final milestone, to provide service to at Office of Managing Director to postpone bidders. least 75 percent of every census block disbursements and/or the incurrence of 131. If a recipient seeks to obtain its group or census tract in a state additional obligations, to preclude an LOC from a non-U.S. bank, the (depending on minimum bidding unit), ADA violation if the USF’s current Commission requires that the bank be and to continue to provide service exemption expires or is repealed.

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IX. Accountability and Oversight under the MF–II rules, and in which the to the seven-day minimum loss of 138. As the Commission recognized recipient will update information, as support. The Commission directs USAC from the outset of this proceeding, the required for the following year. to send a letter to such a recipient 142. Milestone Reports. In order to monies used to achieve the Mobility notifying it that its filing was late but ensure that ongoing payment of MF–II Fund goals come from American cured within the grace period. If the support is warranted, and in alignment consumers and businesses, and recipient again files any filing late, the with the similar progress reporting therefore it is critical for the success of grace period will not be available. system instituted for CAF–II, the the program that support recipients Repeated mistakes, even inadvertent, Commission will require recipients to are indicative of a lack of adequate meet their obligations. This task file a Milestone Report on or before its policies and procedures to ensure requires ongoing vigilance and oversight third, fourth, fifth, and sixth year timely filing. If a recipient misses a by the Commission together with the performance deadline. These Milestone filing deadline more than once due to its Fund administrator, USAC. As the Reports will be where MF–II recipients inadvertence, the support reductions Commission noted in the CAF–II report the data that demonstrates that that the Commission adopts should proceeding, reporting obligations serve they have met their interim benchmarks provide an incentive to recipients to the public interest by enhancing the for deployment and their minimum revise their procedures to ensure that ability to monitor the use of Connect final deployment requirement at the end such inadvertence does not become a America Fund support and ensure its of the construction term necessary to pattern. use for intended purposes. support the disbursements of MF–II 146. Maintaining the Accuracy of 139. In the USF/ICC Transformation funds. Reports should be filed via the Filings. To additionally safeguard the FNPRM, the Commission proposed portal that USAC is creating to receive government’s monthly disbursement of applying the same general rules for filings by universal service support support, the Commission will require accountability and oversight to MF–II as recipients. The Commission directs the recipients to maintain the accuracy and were applied to recipients of MF–I Bureaus to define more precisely the completeness of the information they support, including reporting, audit, and content and format of the information, furnish in their long-form applications record retention requirements. The including substantiation that recipients and their annual and milestone reports. reporting requirements the Commission are required to include in their Accordingly, the Commission will adopted for MF–I, and adopts here for Milestone Reports, such that it is require recipients to update their annual MF–II, differ in certain respects from consistent with the evidence that will be reports and milestone reports to provide those adopted for CAF and CAF–II due required in the challenge process. information about any substantial to the specific requirements of the 143. All recipients of MF–II support change that may be of decisional provision of mobile service. Therefore, will also be subject generally to the significance regarding their eligibility the Commission excluded MF–I from same audit requirements as recipients of for MF–II support and compliance with the application of 47 CFR 54.313(k), CAF–II support and all other high-cost MF–II requirements. Such notification which applies generally to recipients of support. of a substantial change, including any high cost support, and now also 144. Moreover, in line with the reduction in the percentage of eligible excludes that provision for MF–II procedures adopted in CAF–II to square miles being served or any failure support recipients. address missed filing deadlines, the to comply with any of the MF–II 140. The Commission also proposed Commission adopts a rule to reduce the requirements, shall be submitted within that MF–II support recipients should be support for recipients that miss 10 business days after the reportable required to include in their annual reporting, certification, and milestone event occurs, as is also required in reports the same information required of filing deadlines. The Commission will CAF–II. A recipient that is required to MF–I support recipients. The impose a minimum reduction of seven provide such updated or supplemental Commission adopts certification and days of total statewide support for a information prior to having filed its first reporting requirements relating to the winning bid in any state for which a annual report, may nevertheless comply performance obligations adopted in the filing deadline is missed, given the with the 10-day filing requirement by MF–II Order. It also addresses importance of recipients meeting filing submitting that information to the consequences for failure to meet deadlines. In addition to the reduction entities listed in 47 CFR 54.1019(c). program reporting rules and discusses of the initial seven days of support, Moreover, while the Commission its record retention rules. support will be reduced further state- expects that it will be a rare occurrence, wide on a pro-rata daily basis until the A. Mobile Reporting, Mobility Fund if a support recipient drops below the MF–II recipient files the required report Phase II Annual Reports, and Mobility level of service to which it has certified or certification. Reducing support on a Fund Phase II Milestone Reports in a milestone report or an annual report day-by-day basis plus an additional during the six-year deployment period, 141. Annual Reports. The seven-day reduction is an appropriate it will be subject to the provisions set Commission adopts an annual reporting measure to create incentives for MF–II out in the MF–II Order for non- requirement that will enable the recipients to make their filings as soon compliance. Commission and USAC to monitor the as they have determined that they have ongoing progress and performance of all missed the applicable deadlines. B. Defaults MF–II recipients, similar to the annual 145. The Commission recognizes that 147. In MF–I, the Commission reporting obligations of all other despite its best efforts, a recipient may adopted two types of default payment recipients of federal high-cost universal miss a deadline due to an administrative obligations for MF–I winning bidders: service support. Winning bidders of oversight but still file within a few days An auction default payment owed by MF–II support will be subject to the of the deadline. For a late filer, the winning bidders if they failed to satisfy annual reporting requirement, and Commission finds that it is appropriate their auction obligations prior to being recipients will be required to file their to provide a one-time grace period of authorized to receive support, and a reports each year following the year in three days so that a recipient that performance default payment owed by which the auction closes by July 1, quickly rectifies its error within three winning bidders authorized for support including all the certifications required days of the deadline will not be subject who subsequently failed to meet their

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public interest obligations or other block groups/census tracts multiplied Commission therefore finds that terms and conditions of MF–I support. by the base forfeiture of $3,000). subjecting entities to a forfeiture for an As summarized below, for ease of 150. An entity will be considered to auction default is appropriate to ensure administration, the Commission have an auction default and will be the integrity of the auction process and modifies its proposal and adopts default subject to forfeiture if it fails to timely to safeguard against costs to the rules for MF–II that more closely file a long-form application or meet the Commission and the USF. Thus, as a parallel the CAF–II rules. document submission deadlines condition of participating in an MF–II outlined in the MF–II Order or is found auction, entities acknowledge that they 1. Forfeiture in the Event of an Auction ineligible or unqualified to receive are subject to a forfeiture in the event of Default Phase II support by the Bureaus, or an auction default. 148. MF–I winning bidders, like all otherwise defaults on its bid or is 154. The Commission distinguishes winning bidders in Commission disqualified for any reason prior to the between an MF–II winning bidder that spectrum auctions, had a binding authorization of support. Specifically, as is subject to an auction default, and a obligation to file a post-auction long- the Commission found in the CAF–II winning bidder whose long-form form application—by the applicable context, it is reasonable to subject all application is approved but deadline and consistent with other bidders to the same $3,000 base subsequently has a performance default requirements of the long-form forfeiture per violation, subject to or otherwise fails to comply with the application process—and failure to do adjustment based on the criteria set terms and conditions of receiving MF– so constituted an auction default. For forth in the Commission’s forfeiture II support. MF–II, the Commission proposed that a guidelines. A winning bidder will be 2. Measures for Non-Compliance winning bidder for MF–II support subject to the base forfeiture for each would be subject to the same auction separate violation of the Commission’s 155. In the USF/ICC Transformation default payment obligations adopted for rules. FNPRM, the Commission proposed that winning bidders of MF–I support, 151. For MF–II competitive bidding a recipient of MF–II support would be including a default on a winning bid purposes, the Commission defines a subject to the same performance default before authorizations, the failure to violation as any form of default with payment provisions as recipients of timely file a long-form application, respect to each geographic unit subject MF–I support. For MF–I, the being found ineligible or unqualified to to a bid. However, to ensure that the Commission required that in the event be a recipient of MF–II support, or if a amount of the base forfeiture is not of a default, a recipient would be long-form application is dismissed for disproportionate to the amount of an required to repay all the support that it any reason after the close of the auction. entity’s bid, the Commission limits the had received plus an additional For CAF–II, the Commission concluded total base forfeiture that could be owed performance default of 10 percent of that any entity that files a short-form by a winning bidder to five percent of total support for which the recipient is application to participate in the CAF–II its total bid amount for the entire ten- eligible. competitive bidding process will be year support term. This would occur in 156. In CAF–II, the Commission subject to a forfeiture in the event of a situations where the dollar amount adopted a framework for reporting and default before it is authorized to begin associated with the bid is low. As an support reductions for all CAF–II receiving support. example, assume Bidder A bids to serve recipients that fail to meet the requisite 149. The Commission concludes that 100 census block groups (CBGs) for service milestones. Specifically, the it will align the MF–II rules with its $100,000 over the ten-year support term. framework was adopted to calibrate approach in CAF–II and adopts a rule The Commission would impose a base support reductions to the extent of an that subjects a MF–II winning bidder to forfeiture of $5,000 (5 percent of ETC’s non-compliance with service a forfeiture payment if it defaults on its $100,000) because otherwise the base milestones. The Commission bid(s) before it is authorized to begin forfeiture would be $300,000 ($3,000 × subsequently extended that framework receiving support. This forfeiture 100 CBGs), which is three times the to rate-of-return carriers. payment shall satisfy the requirements entire bid amount. In contrast, if Bidder 157. Given the policy goals of 47 CFR 1.21004(b) with respect to B bids to serve 100 census block groups underlying MF–II support, the public default payments. The Commission for $7,000,000 over the support term, interest benefit of establishing holds that such an approach will ensure the Commission would impose a base procedures for MF–II that are that each violation has a relationship to forfeiture of $300,000 ($3,000 × 100 substantially the same as those adopted the area affected by the auction default, CBGs), which is 4.3 percent of the total for CAF–II, and the record gathered on but will not be unduly punitive. bid. this issue, the Commission concludes Moreover, such an approach will also 152. By adopting such a forfeiture, the that it should adopt a more measured ensure that the total forfeiture for a Commission impresses upon recipients approach to recouping payment in the default is generally proportionate to the the importance of being prepared to event of default than the Commission overall scope of the winning bidder’s meet all requirements for the post- employed in the MF–I auction. bid. The Commission will determine the selection review process, and Accordingly, the Commission adopts a minimum geographic unit to be census emphasizes the requirement that the process by which the Wireline block groups or census tracts in the pre- recipients conduct a due diligence Competition Bureau or the Wireless auction process. A winning bidder that review to ensure that they are qualified Telecommunications Bureau will fails to become authorized to receive to participate in the MF–II competitive authorize USAC to draw on the LOC(s) MF–II support will then have violated bidding process and meet its terms and to recover all the support that has been the Commission’s rules for each of the conditions. disbursed in a state in the event that the census block groups or census tracts 153. Failures by MF–II bidders to MF–II recipient does not meet the included in its defaulted bid. If a fulfill their auction obligations will relevant service milestones and does not winning bidder defaults on a bid that undermine the stability and cure its compliance gap pursuant to the includes 10 census block groups/census predictability of the auction process, steps outlined below. For CAF–II, the tracts, that entity could be subject to a and impose costs on the Commission Commission determined that USAC base forfeiture of $30,000 (10 census and higher support costs for USF. The would recover support from ETCs

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associated with their compliance gap in missed at the state level and/or any of recover all the support that has been three separate circumstances. The the census block group(s) or census disbursed to the ETC for that state. Commission will adopt a corresponding tract(s) in the state. The ETC will then 162. A similar approach will apply if approach for MF–II recipients. If, after have 12 months from that date to come the ETC meets the 85 percent statewide six months, the ETC fails to repay in into full compliance with both of those benchmark but misses the 75 percent full, either the Wireline Competition milestones. If it does not come into full benchmark(s) for any census block Bureau or the Wireless compliance within 12 months because it group(s) or census tract(s) in the state at Telecommunications Bureau will issue fails to meet the 85 percent benchmark the final milestone and the ETC does a letter authorizing USAC to draw on (even if it meets the 75 percent not come into full compliance by the letter of credit to recover 100 benchmark for some or all the census meeting the 75 percent benchmark percent of the support that has been block group(s) or census tract(s)), the within 12 months. The Wireline disbursed to the ETC within the state. Wireline Competition Bureau or the Competition Bureau or the Wireless 158. First, for interim milestones, if Wireless Telecommunications Bureau Telecommunications Bureau will issue the ETC has a compliance gap of 50 will issue a letter, and USAC will a letter for any such census block percent or more of the eligible square recover disbursement(s) in an amount of group(s) or census tract(s), and USAC miles that the ETC is required to have support that is equal to 1.89 multiplied will recover disbursement(s) in an covered by the relevant interim by the average amount of support the amount of support that is equal to 1.89 milestone (i.e., Tier 4 status) at the state ETC received per eligible square mile in multiplied by the average amount of level, USAC will withhold 50 percent of the state over the six-year period support the ETC received per eligible the ETC’s monthly support for that state, multiplied by the number of square square mile in the census block group(s) and the ETC will be required to file miles unserved in the ETC’s winning or census tract(s) in the state over the quarterly reports. If, after having 50 areas in the state that would be required six-year period multiplied by the percent of support withheld for six to meet the 85 percent benchmark, plus number of square miles unserved in months, the ETC has not reported that 10 percent of the ETC’s total MF–II each of the ETC’s winning census block it has a compliance gap of less than 50 support received in the state over the group(s) or census tract(s) in the state percent at the state level (i.e., the ETC six-year period for deployment. It is that would be required to meet their is eligible for Tier 3 or lower or is in reasonable to assume that many of the respective 75 percent benchmarks, plus compliance), USAC will withhold 100 areas left unserved would have higher 10 percent of the ETC’s total MF–II percent of the ETC’s support for the than the average cost per area of the support received in the relevant census state and will commence recovery winning bid. Therefore, a higher amount block group(s) or census tract(s) over the action for a percentage of support that per area than the average is appropriate. six-year period for deployment. At this is equal to the ETC’s compliance gap Moreover, the Commission wants to point, the ETC will have six months to plus 10 percent of the ETC’s support provide more incentive to carriers to repay the support USAC seeks to that has been paid to that point. At this complete the build out for their winning recover. After the ETC has paid the point, this ETC will have six months to bid. Thus, the Commission finds that calculated recovery amount, the pay back the amount of support that the administrative simplicity and Bureaus will calculate a reduced USAC seeks to recover. An ETC is predictability of using one factor for all support payment for the remaining encouraged to continue building out its bidders outweighs the precision that support term. The reduced ongoing MF–II projects during and after any would come from applying a factor annual support amount will be the recovery of funds by USAC. If, at any specific to each winning bidder and ETC’s original winning bid amount for point during the six-year period for area. This multiplier was adopted by the annual support in any such census deployment, the ETC reports that it is Commission for CAF–II. block group or census tract, multiplied eligible for Tier 1 status, and USAC is 160. After the ETC has paid the by the sum of the actual deployment able to substantiate that report, the ETC calculated recovery amount for failure percentage plus 25 percent (i.e., the will have its support fully restored to comply with the final deployment difference between 100 percent coverage including any support that had been milestone, the Bureaus will calculate a and the required 75 percent minimum withheld, USAC will repay any funds reduced support payment for the coverage), or (annual support) * that were recovered, and the ETC will remaining support term based on the (percentage covered + 0.25). If at the end move to Tier 1 status. If, at the end of percentage of deployment coverage of six months the ETC has not fully paid six months the ETC has not fully paid completed. The reduced ongoing annual back the support for missing the back the support, the Wireline support amount will be the total of the relevant 75 percent benchmark(s), the Competition Bureau or the Wireless ETC’s original winning bid amounts for ETC shall be liable for repayment of all Telecommunications Bureau will issue annual support in the state multiplied the support that has been disbursed to a letter to that effect and USAC will by the sum of the actual deployment the ETC for that state, the Wireline draw on the letter of credit to recover all percentage plus 15 percent (i.e., the Competition Bureau or the Wireless of the support that has been disbursed difference between 100 percent coverage Telecommunications Bureau will issue to the ETC. Consistent with CAF–II, the and the required 85 percent minimum a letter to that effect, and USAC will Commission will review compliance coverage), or (annual support) * draw on the LOC(s) to recover all the with build-out milestones on a state- (percentage covered + 0.15). support that has been disbursed to the wide basis. Accordingly, if a winning 161. If at the end of six months the ETC for that state. In the event that bidder chooses to obtain multiple letters ETC has not fully paid back the support USAC draws on a letter of credit to of credit for separate bids that are for missing the relevant 85 percent recover all the support that has been located in a state and defaults, either of benchmark, the ETC shall be liable for disbursed to the ETC for a state, the the Bureaus will authorize a draw on all repayment of all the support that has ETC’s participation in MF–II in that the letters of credit covering all the bids been disbursed to the ETC for that state, state will immediately end and no in that state. the Wireline Competition Bureau or the further support will be paid. 159. Second, if an ETC misses the Wireless Telecommunications Bureau 163. Third, after compliance with the final milestone(s), it must identify by will issue a letter to that effect, and final build-out milestones has been what percentage the milestone has been USAC will draw on the LOC(s) to verified and the ETC closes its letter of

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credit, if at any point during the obligations to use the support disbursed census tract(s) over the relevant period remainder of the 10-year term of support to offer service meeting the for deployment. If the incurable it is determined that the ETC does not Commission’s requirements, recovering performance default is for an entire have sufficient evidence to demonstrate 100 percent of the support will allow state, USAC will recover that it is offering the requisite service to the Commission to re-award the support disbursement(s) in an amount of the required percentage of square miles through an alternative mechanism to an support that is equal to 1.89 multiplied by census block group or census tract, ETC that will be able to meet its by the average amount of support the or state, USAC will withhold support obligations. This decision is consistent ETC received per eligible square mile in for a period not to exceed six months with the conclusions reached by the the state over the time period it has until the ETC demonstrates that it is Commission in the CAF II context, that received MF–II disbursements again providing the requisite service to if an entity fails to repay the support multiplied by the number of square the required percentage of square miles. amount associated with its compliance miles unserved in the ETC’s winning When the ETC’s demonstration of gap, the risk becomes greater that the areas in the state that would be required coverage has been verified by USAC, entity will be unable to continue to to meet the 85 percent benchmark, plus USAC will pay any withheld support serve its customers or may go into 10 percent of the ETC’s total MF–II and resume ongoing disbursements. If bankruptcy, and thus it is necessary to support received in the state over the the ETC cannot provide a verifiable ensure that the Commission can recover relevant period for deployment. At this demonstration of coverage within the the entire amount of support that it has point, the ETC will have six months to permitted six-month period, USAC will disbursed. repay the support USAC seeks to recover an amount of support that is 165. If an ETC has a performance recover. If at the end of six months the equal to 1.89 times the average amount default for reasons other than ETC has not fully paid back the support of support per square mile received in compliance with its construction for missing the relevant benchmark, the the winning bid area over the six-year milestones, such as the failure to ETC shall be liable for repayment of all deployment period for the relevant maintain its spectrum access, its LOC, the support that has been disbursed to number of square miles for which the or its ETC eligibility, these performance the ETC for that state, the Wireline Competition Bureau or the Wireless ETC has failed to produce sufficient defaults are incurable. The ETC must Telecommunications Bureau will issue evidence, plus 10 percent of the ETC’s report its incurable performance default a letter to that effect, and USAC will total support received in that winning within 10 days to the Commission, draw on the LOC(s) to recover all of the bid area over the six-year deployment USAC will cease disbursing MF–II support that has been disbursed to the time period, and will reduce ongoing support payments in the following ETC for that state. After the ETC has annual support as described in the MF– month for the affected area (whether one paid the calculated recovery amount for II Order. Because the ETC’s build-out or more census block groups or a state), an incurable performance default in a will have already been verified before it the ETC’s participation in MF–II in the portion of a state, the Bureaus will may close its letter of credit, the affected census block group(s) or census Commission does not find it necessary calculate a reduced support payment for tract(s) will immediately end, and the the remaining support term as set out in to require that the ETC continue to keep amount of support subject to its letter of credit open in the event that the MF–II Order. recoupment for the ETC’s non- 166. Finally, the Commission notes the ETC does not repay the Commission compliance will then be calculated that MF–II recipients may also be after it is found to be lacking evidence based upon the final six-year milestone subject to other sanctions for non- of continued service deployment. for either the relevant census block compliance with the terms and Instead, if the ETC does not repay the group(s) or census tract(s) or the entire conditions of high-cost funding, Commission after a six-month period state, depending upon the including, but not limited to potential permitted for repayment, it may be circumstances of the performance revocation of ETC designation and subject to additional non-compliance default. Specifically, the Wireline suspension or debarment. measures, including the reduction of Competition Bureau or the Wireless support payments for the remaining Telecommunications Bureau will issue C. Record Retention support term as discussed in the MF–II a letter for any census block group(s) or 167. In the USF/ICC Transformation Order, and forfeitures. census tract(s) or the entire state in FNPRM, the Commission proposed that 164. Drawing on the letter of credit in which there has been an incurable a recipient of MF–II support would be the event that the ETC fails to repay the performance default. If the incurable subject to the same rules for support that USAC is instructed to performance default is only for some of accountability and oversight (including recover will ensure that the Commission the ETC’s census block group(s) or reporting, audit, and record retention will be able to recover the support in the census tract(s), USAC will recover requirements) that apply to all event that the ETC is unable to pay. disbursement(s) in an amount of recipients of CAF support. The Through the support reduction support that is equal to 1.89 multiplied Commission also proposed that framework the Commission adopted for by the average amount of support the recipients of MF–II support be required CAF–II, the ETC will have a number of ETC received per eligible square mile in to include in their annual reports the opportunities to cure before the the census block group(s) or census same types of additional information Commission will seek to recover the tract(s) in the state over the time period that are required of recipients of MF–I support that is associated with the it has received MF–II disbursements support. In MF–I, the Commission compliance gap. And the Commission multiplied by the number of square adopted requirements that the record will only recover 100 percent of the miles unserved in each of the ETC’s retention requirements for recipients of support that has been disbursed via the winning census block group(s) or census support apply to all agents of the LOC in those cases where the ETC is tract(s) in the state that would be recipient, and any documentation unable to repay the support associated required to meet its respective 75 prepared for or in connection with the with its compliance gap. Because an percent benchmarks, plus 10 percent of recipient’s MF–I support. The ETC that is unable to repay the support the ETC’s total MF–II support received Commission also adopted revised is also unlikely to be able to meet its in the relevant census block group(s) or requirements that extend the record

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retention period to 10 years for all B. Summary of Significant Issues Raised towns, townships, villages, school recipients of high-cost and CAF support, by Public Comments in Response to the districts, or special districts, with a including recipients of Mobility Fund IRFA population of less than fifty thousand.’’ support. The retention period runs from 171. There were no comments filed Census Bureau data for 2012 indicate the date of the receipt of the final that specifically addressed the rules and that there were 89,476 local governmental jurisdictions in the disbursement of Mobility Fund funds. policies proposed in the USF/ICC United States. The Commission The Commission concludes that MF–II Transformation FNPRM IRFA or the estimates that, of this total, as many as recipients are subject to the same 2014 CAF Further Notice IRFA. accountability and oversight 88,761 entities may qualify as ‘‘small requirements in 47 CFR 54.320, C. Response to Comments by the Chief governmental jurisdictions.’’ Thus, the including the same audit and record Counsel for Advocacy of the Small Commission estimates that most Business Administration governmental jurisdictions are small. retention requirements as all other 176. Wireless Telecommunications 172. Pursuant to the Small Business recipients of high-cost support. Carriers (except Satellite). This industry Jobs Act of 2010, which amended the comprises establishments engaged in X. Procedural Matters RFA, the Commission is required to operating and maintaining switching respond to any comments filed by the A. Final Regulatory Flexibility Analysis and transmission facilities to provide Chief Counsel of the Small Business communications via the airwaves. 168. As required by the Regulatory Administration (SBA), and to provide a Establishments in this industry have Flexibility Act of 1980, as amended detailed statement of any change made spectrum licenses and provide services (RFA), an Initial Regulatory Flexibility to the proposed rule(s) as a result of using that spectrum, such as cellular Analysis (IRFA) was incorporated in the those comments. services, paging services, wireless USF/ICC Transformation FNPRM and 173. The Chief Counsel did not file internet access, and wireless video the 2014 CAF Further Notice. The any comments in response to the services. The appropriate size standard Commission sought written public proposed rules in this proceeding. under SBA rules is that such a business comment on the proposals in the USF/ D. Description and Estimate of the is small if it has 1,500 or fewer ICC Transformation FNPRM and 2014 Number of Small Entities To Which the employees. For this industry, census CAF Further Notice, including comment Proposed Rules Will Apply data for 2012 show that there were 967 on the IRFAs. The Commission did not firms that operated for the entire year. receive any comments in response to 174. The RFA directs agencies to Of this total, 955 firms had employment these IRFAs. The Final Regulatory provide a description of, and where of 999 or fewer employees and 12 had feasible, an estimate of the number of Flexibility Analysis (FRFA) in the MF– employment of 1000 employees or small entities that may be affected by II Order conforms to the RFA. more. Thus under this category and the the rules adopted herein. The RFA associated size standard, the 1. Need for, and Objectives of, the generally defines the term ‘‘small Commission estimates that the majority Report and Order entity’’ as having the same meaning as of wireless telecommunications carriers the terms ‘‘small business,’’ ‘‘small (except satellite) are small entities. 169. Despite the growing expansion of organization,’’ and ‘‘small governmental Similarly, according to internally 4G Long Term Evolution (LTE) service, jurisdiction.’’ In addition, the term developed Commission data, 413 rural and high-cost areas of our country ‘‘small business’’ has the same meaning carriers reported that they were engaged have been left behind. At the same time, as the term ‘‘small-business concern’’ in the provision of wireless telephony, the Universal Service Fund spends $25 under the Small Business Act. A ‘‘small- including cellular service, Personal million a month (a conservative business concern’’ is one which: (1) Is Communications Service, and estimate) distributing legacy subsidies independently owned and operated; (2) Specialized Mobile Radio Telephony to mobile carriers that compete with is not dominant in its field of operation; services. Of this total, an estimated 261 private capital and millions more and (3) satisfies any additional criteria have 1,500 or fewer employees, and 152 distributing duplicative subsidies to established by the SBA. have more than 1,500 employees. Thus, multiple carriers in the same area. 175. Small Entities, Small using available data, the Commission 170. In the MF–II Order, the Organizations, Small Governmental estimates that the majority of wireless Jurisdictions. The Commission’s actions, Commission adopts the framework for firms can be considered small. over time, may affect small entities that moving forward with the Mobility Fund 177. Internet Service Providers. Since are not easily categorized at present. Phase II (MF–II) and Tribal Mobility 2007, these services have been defined The Commission therefore describes Fund Phase II (Tribal MF–II), which will within the broad economic census here, at the outset, three comprehensive category of Wired Telecommunications allocate up to $4.53 billion over the next small entity size standards that could be Carriers; that category is defined as decade to advance the deployment of 4G directly affected herein. As of 2014, follows: ‘‘This industry comprises LTE service to areas that are so costly according to the SBA, there were 28.2 establishments primarily engaged in that the private sector has not yet million small businesses in the U.S., operating and/or providing access to deployed there and to preserve such which represented 99.7% of all transmission facilities and infrastructure service where it might not otherwise businesses in the United States. that they own and/or lease for the exist. The funding for this effort will Additionally, a ‘‘small organization’’ is transmission of voice, data, text, sound, come from the redirection of legacy generally ‘‘any not-for-profit enterprise and video using wired subsidies and be distributed using a which is independently owned and telecommunications networks. market-based, multi-round reverse operated and is not dominant in its Transmission facilities may be based on auction and will come with defined, field.’’ Nationwide, as of 2007, there a single technology or a combination of concrete compliance requirements so were approximately 1,621,215 small technologies.’’ The SBA has developed that rural consumers will be adequately organizations. Finally, the term ‘‘small a small business size standard for Wired served by the mobile carriers receiving governmental jurisdiction’’ is defined Telecommunications Carriers, which universal service support. generally as ‘‘governments of cities, consists of all such firms having 1,500

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or fewer employees. Census Bureau data percent of the required download speed relating to the support to be sought for 2012 shows that there were 3,117 measurements being not less than a through the auction. Each applicant will firms that operated for the entire year. certain threshold speed. For latency, at also be required to disclose and certify Of this total, 3,083 firms had least 90 percent of the required its ETC status, although an applicant employment of 999 or fewer employees, measurements must have a data latency will not be required to obtain an ETC and 34 firms had employment of 1,000 of 100 milliseconds or less round trip. designation prior to bidding in MF–II. employees or more. Thus, under this For data allowances, support recipients Applicants will be required to disclose size standard, the majority of firms in must offer at least one service plan that and certify the source of the spectrum this industry can be considered small. includes a data allowance comparable to they plan to use to meet Mobility Fund In addition, while Internet Service mid-level service plans offered by obligations in the particular area(s) for Providers (broadband) are a subcategory nationwide providers—currently at least which they plan to bid. Specifically, of the broader category of Wired 2 GB of data per month—and that is at applicants will be required to disclose Telecommunications Carrier, there is a rate that is within a reasonable range whether they currently hold a license or Census Bureau data specific to Internet of rates for similar service plans offered lease the spectrum, including any Service Providers (broadband). For by mobile wireless providers in urban necessary renewal expectancy, and 2012, Census Bureau data shows there areas. These conditions will be defined whether such spectrum access is were a total of 1,180 firms in the more precisely in the pre-auction contingent on obtaining support in an subcategory of Internet Service process. MF–II auction. Applicants must have Providers (broadband) that operated for 180. MF–II support recipients will be secured any Commission approvals the entire year. Of this total, 1,178 firms given a ten-year term of support with no necessary for the required spectrum had employment of 999 or fewer renewal expectancy, which will begin access prior to submitting an auction employees, and two firms had on the first day of the month after the application. Moreover, applicants will employment of 1000 employees or MF–II auction concludes. The be required to certify that they will more. Consequently, the Commission Commission adopts interim benchmarks retain their access to the spectrum for at estimates that the majority of these firms as well as a final benchmark for least ten years from the date support is are small entities that may be affected deployment of service that meets the authorized. The short-form application by rules adopted pursuant to the MF–II performance metrics. The starting point may also include additional Order. for the interim benchmarks is defined as certifications or requirements that are six months from the first day of the adopted in a public notice. E. Description of Projected Reporting, month that follows the month in which 182. Within a specified number of Recordkeeping, and Other Compliance the MF–II auction closes. The days of the release of a public notice Requirements Commission requires a winning bidder identifying an entity as a winning 178. In the MF–II Order, the to demonstrate coverage of at least 40 bidder, that winning bidder will be Commission adopts the framework for percent by three years after the starting required to file a long-form application. moving forward with MF–II and Tribal point, 60 percent by four years after the In this long-form application, an MF–II, which will allocate up to $4.53 starting point, 80 percent by five years applicant for MF–II support will be billion over the next decade to advance after the starting point, and 85 percent required to fully disclose its ownership the deployment of 4G LTE service to by six years after the starting point structure as well as information areas that are so costly that the private across all areas for which they receive sector has not yet deployed there and to MF–II support in a state. Support regarding the real party- or parties-in- preserve such service where it might not recipients must meet their required interest of the applicant or application. otherwise exist. The funding for this benchmarks across all areas for which An applicant will also be required to effort will come from the redirection of they receive MF–II support in a state. submit with its long-form application legacy subsidies and distributed using a However, for the final benchmark, every appropriate documentation of its ETC market-based, multi-round reverse census block group or census tract in a designation, including the original auction and will come with defined, state (depending on minimum bidding designation order and any relevant concrete compliance requirements so unit) must also be at least 75 percent modifications or name-change orders, in that rural consumers will be adequately covered. Recipients that fail to meet and all the areas for which it will receive served by the mobile carriers receiving maintain the performance obligations support or certify that it will do so universal service support. The within the time provided to submit their within 180 days of the public notice recordkeeping and other obligations of representative data and to certify to identifying winning bidders. An MF–II established in the MF–II Order are coverage requirements will be subject to applicant will be required to certify that summarized in this FRFA. Additional defined measures, and must cure these it is financially and technically capable information on each of these failures to meet the deployment of providing the required coverage and requirements can be found in the MF– requirements or they will be in performance levels within the specified II Order. performance default. timeframe in the geographic areas in 179. Recipients of MF–II support will 181. Entities that are interested in which it won support. be required to deploy 4G LTE and to participating in the MF–II auction will 183. For winning bids, the applicant offer voice service. Recipients of MF–II be required to file a short-form must submit a project description that funding will be required to meet application in order to establish their describes the network to be built or minimum baseline performance eligibility to participate. Each auction upgraded; identifies the proposed requirements for data speeds, data applicant will be required to provide technology; demonstrates that the latency, and data allowances in areas information to establish its identity, project is technically feasible; discloses that receive support for at least one plan including disclosure of parties with the complete project budget; and that they offer. Specifically, the median ownership interests, consistent with the discusses each specific phase of the data speed of the network for the ownership interest disclosure required project (e.g., network design, supported area must be 10 Mbps in 47 CFR part 1 for applicants for construction, deployment, and download speed or greater and 1 Mbps spectrum licenses, as well as any maintenance). A complete project upload speed or greater, with at least 90 agreements the applicant may have schedule, including timelines,

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milestones, and costs, must also be amount equal to 90 percent of the total Telecommunications Bureau will provided. support amount already disbursed plus authorize USAC to draw on the LOC(s) 184. In addition, each applicant must the amount that will be disbursed in the to recover all the support that has been provide in its long-form application a coming year. Once USAC, in disbursed in a state in the event that the description of the spectrum access that coordination with the Commission, has MF–II recipient does not meet the it will use to meet its obligations in determined that the recipient has met its relevant service milestones and does not areas for which it is the winning bidder, interim benchmark for deployment to 80 cure its compliance gap. USAC will including whether it currently holds a percent of the required coverage area; recover support from ETCs associated license or leases the spectrum, along and subject to USAC’s consent, the with their compliance gap in three with any necessary renewal expectancy, amount of the LOC may decrease to an separate circumstances. First, for and certify that the description is amount equal to 80 percent of the total interim milestones, if the ETC has a accurate and that the applicant will support amount already disbursed plus compliance gap of 50 percent or more of retain such access for the entire ten-year the amount that will be disbursed in the the eligible square miles that the ETC is support term. Each applicant must coming year. After USAC, in required to have covered by the relevant certify in its long-form application that coordination with the Commission, has interim milestone (i.e., Tier 4 status) at it has the funds available for all project determined that the recipient has met its the state level, USAC will withhold 50 costs that exceed the amount of support final benchmark for deployment to a percent of the ETC’s monthly support to be received, and that it will comply minimum of 85 percent of the required for that state, and the ETC will be with all program requirements, which coverage area by state and at least 75 required to file quarterly reports. If, after include the public interest obligations percent by each census block group or having 50 percent of support withheld contained in the Commission’s rules. census tract in a state included in the for six months, the ETC has not reported Each applicant must also certify that it LOC, the recipient may relinquish its that it has a compliance gap of less than will offer service in supported areas at LOC. Each winning bidder will be 50 percent at the state level (i.e., the rates that are within a reasonable range allowed to provide a single LOC ETC is eligible for Tier 3 or lower or is of rates for similar service plans offered covering all its winning bids within a in compliance), USAC will withhold by mobile wireless providers in urban single state. 100 percent of the ETC’s support for the areas during the term of support the 187. At the time a winning bidder in state and will commence recovery applicant seeks. MF–II submits its LOC, it also will be action for a percentage of support that 185. Applicants must certify that they required to provide an opinion letter is equal to the ETC’s compliance gap will meet the applicable deadlines and from legal counsel clearly stating, plus 10 percent of the ETC’s support requirements for demonstrating interim subject only to customary assumptions, that has been paid to that point. At this and final performance benchmarks set limitations and qualifications, that in a point, this ETC will have six months to forth in the rules, and that they will proceeding under the Bankruptcy Code, pay back the amount of support that comply with the MF–II collocation, the bankruptcy court would not treat the USAC seeks to recover. If, at any point voice and data roaming, and reasonably LOC or proceeds of the LOC as property during the six-year period for comparable rate obligations. The long- of the winning bidder’s bankruptcy deployment the ETC reports that it is form application may also include estate, or the bankruptcy estate of any eligible for Tier 1 status, and USAC is additional certifications or requirements other bidder-related entity requesting able to substantiate that report, the ETC that are adopted in a public notice. issuance of the LOC, under 11 U.S.C. will have its support fully restored 186. Prior to the authorization of 541. If the winning bidder is not including any support that had been support, all winning bidders must prepared to present its LOC at the time withheld, USAC will repay any funds provide the Commission with an of the long-form application filing, it that were recovered, and the ETC will irrevocable standby letter of credit may submit a commitment letter from move to Tier 1 status. If, at the end of (LOC) by a bank that is acceptable to the the bank issuing the LOC in the long- six months the ETC has not fully paid Commission in substantially the same form application filing. form as the model Letter of Credit set 188. An entity will be considered to back the support, the Wireline forth in an appendix to the MF–II Order. have an auction default and will be Competition Bureau or the Wireless The initial value of the LOC must be set subject to a forfeiture payment if it fails Telecommunications Bureau will issue to at least the amount of authorized MF– to timely file a long-form application or a letter to that effect and USAC will II support for the first year. Before the meet the document submission draw on the letter of credit to recover all winning bidder can receive its next deadlines, or is found ineligible or the support that has been disbursed to year’s MF–II support, it must modify, unqualified to receive MF–II support, or the ETC. renew, or obtain a new LOC to ensure otherwise defaults on its bid or is 190. Second, if an ETC misses the that it is valued at a minimum at the disqualified for any reason prior to the final milestone(s), it must identify by total amount of money that has already authorization of support. All bidders what percentage the milestone has been been disbursed plus the amount of will be subject to the same $3,000 base missed at the state level and/or any of money that is going to be provided in forfeiture per violation, subject to the census block group(s) or census the next year. The LOC must be adjustment based on the criteria set tract(s) in the state. The ETC will then maintained for 100 percent of the total forth in the Commission’s forfeiture have 12 months from that date to come support amount disbursed plus the guidelines. A violation is defined as any into full compliance with both of those amount to be disbursed in the next year form of default with respect to each milestones. If it does not come into full until the Universal Service geographic unit subject to a bid. compliance within 12 months because it Administrative Company (USAC), in However, the total base forfeiture that fails to meet the 85 percent benchmark coordination with the Commission, has could be owed by a winning bidder is (even if it meets the 75 percent determined that the recipient has met its limited to five percent of its total bid benchmark for some or all the census interim benchmark for deployment to 60 amount for the entire ten-year support block group(s) or census tract(s)), the percent of the required coverage area; term. Wireline Competition Bureau or the and subject to USAC’s consent, the 189. The Wireline Competition Wireless Telecommunications Bureau amount of the LOC may decrease to an Bureau or the Wireless will issue a letter, and USAC will

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recover disbursement(s) in an amount of remainder of the 10-year term of support challenging parties in the challenge support that is equal to 1.89 multiplied it is determined that the ETC does not process. Reports should be filed via the by the average amount of support the have sufficient evidence to demonstrate portal that USAC is creating to receive ETC received per eligible square mile in that it is offering the requisite service to filings by universal service support the state over the six-year period the required percentage of square miles recipients. multiplied by the number of square by census block group or census tract, 194. Support will be reduced for miles unserved in the ETC’s winning or state, USAC will withhold support recipients that miss reporting, areas in the state that would be required for a period not to exceed six months certification, and milestone filing to meet the 85 percent benchmark, plus until the ETC demonstrates that it is deadlines. A minimum reduction of 10 percent of the ETC’s total MF–II again providing the requisite service to support of seven days of total statewide support received in the state over the the required percentage of square miles. support for a winning bid in any state six-year period for deployment. After When the ETC’s demonstration of for which a filing deadline is missed the ETC has paid the calculated coverage has been verified by USAC, will be imposed. In addition to the recovery amount for failure to comply USAC will pay any withheld support reduction of the initial seven days of with the final deployment milestone, and resume ongoing disbursements. If support, support will be reduced further the Bureaus will calculate a reduced the ETC cannot provide a verifiable state-wide on a pro-rata daily basis until support payment for the remaining demonstration of coverage within the the MF–II recipient files the required support term based on the percentage of permitted six-month period, USAC will report or certification. For a late filer, a deployment coverage completed. If, at recover an amount of support that is one-time grace period of three days will the end of six months the ETC has not equal to 1.89 times the average amount be provided so that a recipient that fully paid back the support for missing of support per square mile received in quickly rectifies its error within three the relevant 85 percent benchmark, the the winning bid area over the six-year days of the deadline will not be subject ETC shall be liable for repayment of all deployment period for the relevant to the seven-day minimum loss of the support that has been disbursed to number of square miles for which the support. USAC will send a letter to such the ETC for that state, the Wireline ETC has failed to produce sufficient a recipient notifying it that its filing was Competition Bureau or the Wireless evidence, plus 10 percent of the ETC’s late but cured within the grace period. Telecommunications Bureau will issue total support received in that winning If the recipient again files any filing late, a letter to that effect, and USAC will bid over the six-year deployment time the grace period will not be available. draw on the LOC(s) to recover all the period and will reduce ongoing annual 195. Each recipient will be required to support that has been disbursed to the support. If the ETC does not repay the maintain the accuracy and completeness ETC for that state. A similar approach Commission after a six-month period of the information it furnishes in its long-form application and its annual will apply if the ETC meets the 85 permitted for repayment, it may be and milestone reports. Recipients must percent statewide benchmark but misses subject to additional non-compliance update their annual reports and the 75 percent benchmark(s) for any measures, including the reduction of milestone reports to provide census block group(s) or census tract(s) support payments for the remaining information about any substantial in the state at the final milestone and support term and forfeitures. MF–II change that may be of decisional the ETC does not come into full recipients may also be subject to other significance regarding their eligibility compliance by meeting the 75 percent sanctions for non-compliance with the for MF–II support and compliance with benchmark within 12 months. At this terms and conditions of high-cost MF–II requirements. Such notification point, the ETC will have six months to funding, including, but not limited to potential revocation of ETC designation of a substantial change, including any repay the support USAC seeks to reduction in the percentage of eligible recover. After the ETC has paid the and suspension or debarment. 192. Once an MF–II recipient has square miles being served or any failure calculated recovery amount, the been authorized to begin receiving to comply with any of the MF–II Bureaus will calculate a reduced support, it will be required to report requirements, must be submitted within support payment for the remaining certain information so that the 10 business days after the reportable support term. If, at the end of six Commission and USAC can track the event occurs. If a support recipient months the ETC has not fully paid back progress of MF–II recipients and drops below the level of service to the support for missing the relevant 75 monitor their use of the public’s funds which it has certified in a milestone percent benchmark(s), the ETC shall be before and after they meet service report or an annual report during the liable for repayment of all the support milestones. All MF–II recipients will be six-year deployment period, it will be that has been disbursed to the ETC for required to file annual reports. subject to the Commission rules for non- that state, the Wireline Competition Recipients will be required to file their compliance. Bureau or the Wireless reports each year following the year in F. Steps Taken To Minimize Significant Telecommunications Bureau will issue which the auction closes by July 1, Economic Impact on Small Entities, and a letter to that effect, and USAC will including all the certifications required Significant Alternatives Considered draw on the LOC(s) to recover all the under the MF–II rules, and in which the support that has been disbursed to the recipient will update information, as 196. The RFA requires an agency to ETC for that state. In the event that required for the following year. describe any significant alternatives that USAC draws on a letter of credit to 193. MF–II recipients will be required it has considered in reaching its recover all the support that has been to file a Milestone Report on or before approach, which may include the disbursed to the ETC for a state, the its third, fourth, fifth, and sixth year following four alternatives, among ETC’s participation in MF–II in that performance deadline. The Bureaus will others: ‘‘(1) the establishment of state will immediately end and no define more precisely the content and differing compliance or reporting further support will be paid. format of the information, including requirements or timetables that take into 191. Third, after compliance with the substantiation that recipients are account the resources available to small final build-out milestones has been required to include in their Milestone entities; (2) the clarification, verified and the ETC closes its letter of Reports, such that it is consistent with consolidation, or simplification of credit, if at any point during the the evidence that will be required from compliance or reporting requirements

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under the rule for small entities; (3) the additional costs to deploy service in for each CETC associated with that area. use of performance, rather than design, more difficult terrain. Accordingly, the All legacy support shall end thereafter. standards; and (4) an exemption from Bureaus will apply a more-refined The Commission concludes that this coverage of the rule, or any part thereof, methodology that uses a terrain factor as two-year phase-down schedule will for small entities.’’ a proxy for determining higher cost ensure that affected CETCs, including 197. The Commission has considered areas. In census blocks determined (after smaller providers, will have a smooth the economic impact on small entities the completion of the challenge process) transition in areas that are too costly to in reaching its final conclusions and not to be eligible for MF–II support, serve absent universal service subsidies. taking action in this proceeding. The legacy support will be phased down 200. The Commission has taken a rules adopted in the MF–II Order will starting the first day of the month number of steps to ensure that small provide greater certainty and flexibility following release of a public notice entities have the opportunity to for all carriers, including small entities. announcing the close of the MF–II participate in the MF–II auction. For For example, the Commission concludes auction. On that same date, legacy example, the Commission adopts more that the minimum geographic area for support for current recipients in eligible flexible eligibility requirements by bidding should be census block groups census blocks shall either be converted permitting a winning bidder in the MF– or census tracts containing one or more to MF–II support (for the winning II auction to obtain its ETC designation census blocks with eligible areas for bidder), maintained (for one CETC in after the close of the auction, provided bidding and support for MF–II. The areas without a winning bidder), or that it submits proof of its ETC Commission found that adopting a subject to phase down (for all other designation within 180 days of the smaller geographic area would allow it CETCs). More specifically, in census public notice identifying winning to target support more efficiently to bidders. The Commission found that the blocks determined (after the completion specific areas and provide bidders, benefits of encouraging greater of the challenge process) not to be including small entities, the ability to participation in the competitive bidding eligible for MF–II, legacy support will tailor their bids to their business plans. process by all interested parties, be phased down starting the first day of The Commission expects that the including small entities, outweigh the the month following the close of the auction design will similarly account for possible risk that a winning bidder will MF–II auction. For the first 12 months the needs of small entities. not meet the necessary requirements to 198. To determine coverage levels in thereafter, phase-down support shall be 2 be designated as an ETC. The individual census blocks and whether ⁄3 of the legacy support for each CETC Commission also recognized that some MF–II support is being awarded, the associated with that area. For the next qualified bidders, including small Commission has decided to rely on 12 months, phase-down support shall be 1 entities, may be hesitant to invest Form 477 and high-cost disbursement ⁄3 of the legacy support for each CETC resources to apply for an ETC data available from USAC. Not only is associated with that area. All legacy designation prior to the competitive this information the most reliable data support shall end thereafter. For a bidding process without any sense of currently available for the purpose of winning bidder that is a CETC receiving whether they are likely to be awarded determining the coverage levels of legacy support in the area of its bid, MF–II support. existing mobile services, but it can also MF–II support shall commence on the 201. While the Commission requested provide sufficiently granular first day of the month after the auction comment on whether to adopt a bidding information to identify those areas of concludes. To ensure a smooth credit preference for Tribally-owned- the country that lack 4G LTE service or transition to MF–II support, and to the and-controlled entities, it finds that where such service is only provided by extent the Commission authorizes a such a bidding credit preference is a subsidized provider. Moreover, the winning bidder to receive MF–II unnecessary for the MF–II auction. Commission will utilize a streamlined support after that date, a winning bidder Setting aside funds specifically to serve challenge process to provide interested will receive support payments at the Tribal lands is likely to accomplish the parties, including small entities, with an current legacy support level until such Commission’s goal of ensuring greater opportunity to challenge the coverage Commission action. A non-CETC coverage on Tribal lands. The analysis and improve its accuracy. The winning bidder will receive MF–II Commission also finds that layering an Bureaus will make an initial support once the Commission issues a additional bidding credit for Tribal determination of eligible areas by public notice authorizing MF–II support carriers on top of the funding census block as part of the pre-auction to the bidder. In eligible areas where exclusively available for service to process. Subsequently, the Bureaus will there is no winning bidder in MF–II, the Tribal lands could deter other entities implement a process consistent with the CETC receiving the minimum level of from bidding to serve Tribal lands, decisions the Commission will make sustainable support will continue to reducing both the competitiveness of after review of the record received in receive such support until further the auction and the potential reach of response to the Further Notice of Commission action, but for no more the Commission’s finite funds for MF– Proposed Rulemaking included with the than five years from the first day of the II. Furthermore, commenters fail to MF–II Order. The Commission month following the close of the MF–II demonstrate that the benefits of a anticipates that this challenge process auction. For CETCs receiving support in bidding credit preference outweigh the will be more streamlined for all parties, areas eligible for MF–II that do not costs of potentially depriving other including small entities, as it will be either win MF–II support or receive the eligible areas of MF–II support. based on Form 477 data, which use a minimum level of sustainable support, 202. The Commission requested uniform filing format. the phase-down of support shall comment on the adoption of a small 199. The Commission amends its commence on the first day of the month business bidding preference and the rules for the phase-down of identical after the auction concludes. For the first small business definition that should support to account for the relative costs 12 months, phase-down support shall be apply if it adopts such a bidding of deploying a coverage-based network 2⁄3 of the legacy support for each CETC preference for MF–II. The Commission, given the differing terrain throughout associated with that area. For the next however, declines to adopt a bidding the United States. Wireless providers, 12 months thereafter, phase-down preference for small businesses for MF– including smaller providers, incur support shall be 1⁄3 of the legacy support II. It agrees with commenters that

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oppose a bidding preference for small 205. Similarly, the Commission 206, 214, 218–220, 251, 252, 254, 256, businesses, concluding that such credits adopts more flexible measures for non- 303(r), 332, 403, 405, 503, 1302, and are unnecessary for an MF–II auction compliance that will better enable sections 1.1, 1.427, and 1.429 of the and would not further the objective of support recipients, including small Commission’s rules, 47 CFR 1.1, 1.427, MF–II of encouraging the efficient use of entities, to meet the MF–II goals of and 1.429, that the MF–II Order is universal support funds because a preserving and expanding service. For adopted. It is the Commission’s bidding credit for small businesses example, the Commission adopts a more intention in adopting these rules that if could potentially reduce the reach of the measured approach to recouping any of the rules that it retains, modifies, Commission’s finite funds. payment in the event of default than the or adopts, or the application thereof to 203. The Commission adopts Commission employed in the MF–I any person or circumstance, are held to requirements for the short-form and auction. The Commission also limits be unlawful, the remaining portions of long-form applications that will when USAC will be permitted to the rules not deemed unlawful, and the maximize the number and types of recover support from ETCs associated application of such rules to other entities that can participate. For with their compliance gap and conclude persons or circumstances, shall remain example, it adopts a two-stage that only if the ETC fails to repay in full in effect to the fullest extent permitted application process for an applicant after six months, USAC will be by law. seeking to participate in the MF–II authorized to draw on the letter of credit auction under which interested parties to recover 100 percent of the support 209. It is further ordered that Parts 1 will submit a pre-auction ‘‘short-form’’ that has been disbursed to the ETC and 54 of the Commission’s rules, 47 application, providing basic information within the state. CFR 1 and 54, are amended as set forth and certifications regarding their 206. The Commission notes that the in Appendix A of the MF–II Order, and eligibility to receive support, and then reporting requirements it adopts are such rule amendments shall be effective a long-form application, fully disclosing tailored to ensuring that support is used thirty (30) days after publication in the its ownership structure, information and for its intended purposes and so that the Federal Register, except to the extent certifications regarding applicant Commission and USAC can monitor the they contain new or modified eligibility, and plans to meet ongoing progress and performance of all information collection requirements that performance requirements. This process MF–II recipients. The Commission finds require approval by the Office of is similar to that used in spectrum the benefits in establishing annual and Management and Budget under the license auctions and for Mobility Fund milestone reporting obligations Paperwork Reduction Act. The rules Phase I. Since the Commission outweigh any potential burdens on the that contain new and modified anticipates that many interested parties, recipients in filing these reports because information collection requirement including small entities, will already be the targeted information required will subject to PRA review shall become familiar with these requirements, it be the type of data that MF–II recipients effective after the Commission publishes expects that the application procedures will be already collecting for their own a notice in the Federal Register will minimize burdens on applicants business purposes and will help to announcing such approval and the and encourage a wide variety of parties ensure that program goals are met. relevant effective date. to participate. Nevertheless, to help minimize the 204. In light of concerns expressed by burden of reporting requirements, 210. It is further ordered that the commenters, including small entities, including the burden on small Petition for Declaratory Ruling filed by the Commission adopts more flexible businesses, the Commission has United States Cellular Corporation on provisions for MF–II LOCs to help ease adopted annual and milestone reporting March 21, 2014 is denied. the administrative burden for support requirements that are consistent with 211. It is further ordered that the recipients. For example, the the reporting requirements for MF–I and Commission shall send a copy of the Commission adopts LOC provisions that CAF–II support recipients, including MF–II Order to Congress and the closely align with the CAF–II LOC grace periods for missed filing Government Accountability Office process and the MF–II performance deadlines. pursuant to the Congressional Review requirements, allowing the LOC to Act, see 5 U.S.C. 801(a)(1)(A). decrease over time as a support G. Report to Congress 212. It is further ordered, that the recipient satisfies its minimum coverage 207. The Commission will send a Commission’s Consumer and and service requirements. The copy of the MF–II Order, including the Governmental Affairs Bureau, Reference Commission also allows winning FRFA, in a report to be sent to Congress Information Center, shall send a copy of bidders to provide a single LOC and the Government Accountability the MF–II Order, including the Final covering all its winning bids within a Office pursuant to the Congressional Regulatory Flexibility Analysis, to the single state, reducing the number of Review Act. In addition, the Chief Counsel for Advocacy of the Small LOCs that a winning bidder may need. Commission will send a copy of the MF– Moreover, the Commission amends and II Order, including the FRFA, to the Business Administration. expands the definition of an ‘‘acceptable Chief Counsel for Advocacy of the Small List of Subjects bank’’ for the purposes of MF–II LOC Business Administration. requirements, which will lower barriers 47 CFR Part 1 for entities, particularly small and rural XI. Ordering Clauses businesses that might otherwise face 208. Accordingly, it is ordered, Administrative practice and obstacles in obtaining an LOC from a pursuant to the authority contained in procedures, Reporting and smaller pool of banks. The Commission sections 1, 2, 4(i), 5, 10, 201–206, 214, recordkeeping requirements, also allows the submission of a 218–220, 251, 252, 254, 256, 303(r), 332, Telecommunications. commitment letter from the bank 403, 405, and 503 of the 47 CFR Part 54 issuing the LOC in the long-form Communications Act of 1934, as application filing, if the winning bidder amended, and section 706 of the Communications common carriers, is not prepared to present its LOC at the Telecommunications Act of 1996, 47 Internet, Reporting and recordkeeping time of the long-form application filing. U.S.C. 151, 152, 154(i), 155, 160, 201– requirements, Telecommunications.

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Federal Communications Commission. as bid or on other pricing rules, either bidding starting from the beginning of Katura Howard, uniform or discriminatory. the current or some previous round or Federal Register Liaison Officer. Office of the (c) Competitive Bidding Procedures— cancelling the competitive bidding in its Secretary. Mechanisms. The public notice entirety. detailing competitive bidding * * * * * Final Rules procedures may establish any of the For the reasons discussed in the following mechanisms, without PART 54—UNIVERSAL SERVICE preamble, the Federal Communications limitation: Commission amends 47 CFR parts 1 and (1) Limits on Available Information. ■ 3. The authority citation for part 54 54 as follows: Procedures establishing limits on the continues to read as follows: public availability of information Authority: 47 U.S.C. 151, 154(i), 155, 201, PART 1—PRACTICE AND regarding applicants, applications, and 205, 214, 219, 220, 254, 303(r), 403, and 1302 PROCEDURE bids during a period of time covering unless otherwise noted. the competitive bidding process, as well ■ 1. The authority citation for part 1 ■ as procedures for parties to report the 4. In § 54.307, revise paragraph (e)(5) continues to read as follows: receipt of non-public information and remove and reserve paragraph Authority: 15 U.S.C. 79, et seq.; 47 U.S.C. during such periods. (e)(6). 151, 154(i), 154(j), 155, 157, 160, 201, 225, (2) Sequencing. Procedures The revision reads as follows: 227, 303, 309, 310, 332, 1403, 1404, 1451, establishing one or more groups of 1452, and 1455. § 54.307 Support to a competitive eligible eligible areas and if more than one, the telecommunications carrier. ■ 2. In § 1.21003, redesignate sequence of groups for which bids will * * * * * paragraphs (c) and (d) as paragraphs (d) be accepted. (e) * * * (3) Reserve Price. Procedures and (e), remove paragraph (b), and add (5) Eligibility for Support after establishing reserve prices, either new paragraphs (b) and (c) to read as Mobility Fund Phase II Auction. (i) A disclosed or undisclosed, above which follows: mobile competitive eligible bids would not win in the auction. The telecommunications carrier that receives § 1.21003 Competitive bidding process. reserve prices may apply individually, monthly baseline support pursuant to * * * * * in combination, or in the aggregate. this section and is a winning bidder in (b) Competitive Bidding Procedures— (4) Timing and Method of Placing the Mobility Fund Phase II auction shall Design Options. The public notice Bids. Procedures establishing methods receive support at the same level as detailing competitive bidding and times for submission of bids, described in paragraph (e)(2)(iii) of this procedures may establish the design of whether remotely, by telephonic or section for such area until the Wireless the competitive bidding utilizing any of electronic transmission, or in person. Telecommunications and Wireline the following options, without (5) Opening Bids and Bid Increments. Competition Bureaus determine limitation: Procedures establishing maximum or (1) Procedures for Collecting Bids. (i) minimum opening bids and, by whether to authorize the carrier to Procedures for collecting bids in a single announcement before or during the receive Mobility Fund Phase II support. round or in multiple rounds. auction, maximum or minimum bid (A) Upon the Wireless (ii) Procedures for collecting bids on increments in dollar or percentage Telecommunications and Wireline an item-by-item basis, or using various terms. Competition Bureaus’ release of a public aggregation specifications. (6) Withdrawals. Procedures by which notice approving a mobile competitive (iii) Procedures for collecting bids that bidders may withdraw bids, if eligible telecommunications carrier’s specify contingencies linking bids on withdrawals are allowed. application submitted pursuant to the same item and/or for multiple items. (7) Stopping Procedures. Procedures § 54.104(b) and authorizing the carrier (iv) Procedures allowing for bids that regarding when bidding will stop for a to receive Mobility Fund Phase II specify a support level, indicate demand round, a stage, or an entire auction, in support, the carrier shall no longer at a specified support level, or provide order to terminate the auction within a receive support at the level of monthly other information as specified by the reasonable time and in accordance with baseline support pursuant to this Commission. public interest considerations and the section for such area. Thereafter, the (v) Procedures to collect bids in one goals, statutory requirements, rules, and carrier shall receive monthly support in or more stage or stages, including for procedures for the auction, including the amount of its Mobility Fund Phase transitions between stages. any reserve price or prices. II winning bid, provided that USAC (2) Procedures for Assigning Winning (8) Activity Rules. Procedures for shall adjust the amount of the carrier’s Bids. (i) Procedures for scoring bids by activity rules that require a minimum support to the extent necessary to factors in addition to bid amount, such amount of bidding activity. account for any difference in support as population coverage or geographic (9) Auction Delay, Suspension, or the carrier received during the period contour, or other relevant measurable Cancellation. Procedures for between the close of the Mobility Fund factors. announcing by public notice or by Phase II auction and the release of the (ii) Procedures to incorporate public announcement during the reverse public notice authorizing the carrier to interest considerations into the process auction, delay, suspension, or receive Mobility Fund Phase II support. for assigning winning bids. cancellation of the auction in the event (B) A mobile competitive eligible (3) Procedures for Determining of a natural disaster, technical obstacle, telecommunications carrier that is a Payments. (i) Procedures to determine network disruption, evidence of an winning bidder in the Mobility Fund the amount of any support for which auction security breach or unlawful Phase II auction but is not authorized to winning bidders may become bidding activity, administrative or receive Mobility Fund Phase II support authorized, consistent with other weather necessity, or for any other shall receive monthly support as set auction design choices. reason that affects the fair and efficient forth in paragraphs (e)(5)(iii) and (iv) of (ii) Procedures that provide for conduct of the competitive bidding, and this section for such area, as applicable, support amounts based on the amount procedures for resuming the competitive provided that USAC shall decrease such

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amounts to account for support deploys the highest technology for the 54.1017 Compliance for Mobility Fund payments received prior to the Wireless eligible area. Phase II. Telecommunications and Wireline (iv) All other mobile competitive 54.1018 Mobility Fund Phase II Competition Bureaus’ authorization eligible telecommunications carriers disbursements. determination that exceed the amount of shall receive the following monthly 54.1019 Annual reports. 54.1020 Milestone reports. support for such area as set forth in support amounts for areas that are 54.1021 Record retention for Mobility Fund paragraphs (e)(5)(iii) and (iv), and the eligible for Mobility Fund Phase II Phase II. monthly support in the mobile support, as determined by the Wireless competitive eligible Telecommunications and Wireline § 54.1011 Mobility Fund—Phase II. telecommunications carrier’s winning Competition Bureaus: The Commission will use competitive Mobility Fund Phase II, which USAC (A) For 12 months starting the first bidding, as provided in part 1, subpart shall treat as the carrier’s monthly day of the month following the close of AA of this chapter, to determine the baseline support for purposes of the Mobility Fund Phase II auction, each recipients of support available through paragraphs (e)(5)(iii) and (iv) to the mobile competitive eligible Phase II of the Mobility Fund and the extent the carrier’s winning bid is below telecommunications carrier shall receive amount(s) of support that they may that amount. two-thirds (2⁄3) of the carrier’s support receive for specific geographic areas, (ii) A mobile competitive eligible pursuant to paragraph (e)(2)(iii) of this subject to applicable post-auction telecommunications carrier that receives section for the eligible area. procedures. monthly baseline support pursuant to (B) For 12 months starting the month this section shall receive the following following the period described in § 54.1012 Geographic areas eligible for support. monthly support amounts for areas that paragraph (e)(5)(iv)(A) of this section, are ineligible for Mobility Fund Phase II each mobile competitive eligible (a) Mobility Fund Phase II support support, as determined by the Wireless telecommunications carrier shall receive may be made available for eligible 1 geographic areas as identified by public Telecommunications and Wireline one-third ( ⁄3) of the carrier’s support Competition Bureaus: pursuant to paragraph (e)(2)(iii) of this notice prior to auction. (A) For 12 months starting the first section for the eligible area. (b) Coverage units for purposes of day of the month following the close of (C) Following the period described in conducting competitive bidding and the Mobility Fund Phase II auction, each paragraph (e)(5)(iv)(B) of this section, no disbursing support based on designated mobile competitive eligible mobile competitive eligible square miles in a geographic area will be telecommunications carrier shall receive telecommunications carrier shall receive identified by public notice for each area 2 two-thirds ( ⁄3) of the carrier’s support monthly baseline support for the eligible for support prior to auction. pursuant to paragraph (e)(2)(iii) of this eligible area pursuant to this section. section for the ineligible area. § 54.1013 Provider eligibility. (v) Notwithstanding the foregoing (a) An applicant shall be an Eligible (B) For 12 months starting the month schedule, the phase-down of identical following the period described in Telecommunications Carrier in an area support below the level described in in order to receive Mobility Fund Phase paragraph (e)(5)(ii)(A) of this section, paragraph (e)(2)(iii) of this section shall each mobile competitive eligible II support for that area. An applicant be subject to the restrictions in may obtain its designation as an Eligible telecommunications carrier shall receive Consolidated Appropriations Act, 2016, 1 Telecommunications Carrier after the one-third ( ⁄3) of the carrier’s support Public Law 114–113, Div. E, Title VI, pursuant to paragraph (e)(2)(iii) of this close of the Mobility Fund Phase II section 631, 129 Stat. 2242, 2470 (2015), section for the ineligible area. auction, provided that the applicant unless and until such restrictions are no (C) Following the period described in submits proof of its designation within paragraph (e)(5)(ii)(B) of this section, no longer in effect. 180 days of the public notice identifying mobile competitive eligible * * * * * the applicant as a winning bidder. An telecommunications carrier shall receive ■ 5. In § 54.313, revise paragraph (k) to applicant shall not receive Mobility monthly baseline support for the read as follows: Fund Phase II support prior to the ineligible area pursuant to this section. submission of proof of its designation as (iii) Except as provided in paragraph § 54.313 Annual reporting requirements an Eligible Telecommunications Carrier. for high-cost recipients. (e)(3) of this section, to the extent After such submission, the Eligible Mobility Fund Phase II support is not * * * * * Telecommunications Carrier shall awarded at auction for an eligible area, (k) This section does not apply to receive a balloon payment that will as determined by the Wireless recipients that solely receive support consist of the carrier’s monthly Mobility Telecommunications and Wireline from Phase I and Phase II of the Fund Phase II payment amount Competition Bureaus, the mobile Mobility Fund. multiplied by the number of whole competitive eligible * * * * * months between the first day of the telecommunications carrier receiving ■ 6. Amend subpart L by adding month after the close of the auction and the minimum level of sustainable §§ 54.1011 through 54.1021 to read as the issuance of the public notice support for the eligible area shall follows: authorizing the carrier to receive continue to receive support at the level Mobility Fund Phase II support. described in paragraph (e)(2)(iii) of this Subpart L—Mobility Fund (b) An applicant shall have access to section until further Commission action, spectrum in an area that enables it to Sec. but such support shall not extend for satisfy the applicable performance more than 60 months from the first day * * * * * requirements in order to receive of the month following the close of the 54.1011 Mobility Fund—Phase II. Mobility Fund Phase II support for that 54.1012 Geographic areas eligible for Mobility Fund Phase II auction. The support. area. The applicant shall describe its ‘‘minimum level of sustainable support’’ 54.1013 Provider eligibility. access to spectrum and certify, in a form is the lowest monthly baseline support 54.1014 Application process. acceptable to the Commission, that it received by a mobile competitive 54.1015 Public interest obligations. has such access at the time it applies to eligible telecommunications carrier that 54.1016 Letter of credit. participate in competitive bidding and

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at the time that it applies for support (i) Identification of the party seeking (x) Such additional information as the and that it will retain such access for at the support, including ownership Commission may require. least ten (10) years after the date on information as set forth in § 1.2112(a) of (3) Application processing. (i) No which it is authorized to receive this chapter; application will be considered unless it support. (ii) Certification that the applicant is has been submitted in an acceptable (c) An applicant shall certify that it is financially and technically capable of form during the period specified by financially and technically qualified to providing the required coverage and public notice. No applications provide the services supported by performance levels within the specified submitted or demonstrations made at Mobility Fund Phase II within the timeframe in the geographic areas in any other time shall be accepted or specified timeframe in the geographic which it won support; considered. areas for which it seeks support in order (iii) Proof of the applicant’s status as (ii) Any application that, as of the to receive such support. an Eligible Telecommunications Carrier, submission deadline, either does not or a statement that the applicant will identify the applicant seeking support § 54.1014 Application process. become an Eligible Telecommunications as specified in the public notice (a) Application to Participate in Carrier in any area for which it seeks announcing application procedures, or Competitive Bidding for Mobility Fund support within 180 days of the public does not include required certifications, Phase II Support. In addition to notice identifying them as winning shall be denied. providing information specified in bidders, and certification that the proof (iii) An applicant may be afforded an § 1.21001(b) of this chapter and any is accurate; opportunity to make minor other information required by the (iv) A description of the spectrum modifications to amend its application Commission, an applicant to participate access that the applicant plans to use to or correct defects noted by the in competitive bidding for Mobility meet obligations in areas for which it is applicant, the Commission, the Fund Phase II support shall: winning bidder for support, including Administrator, or other parties. Minor (1) Provide ownership information as whether the applicant currently holds or modifications include correcting set forth in § 1.2112(a) of this chapter as leases the spectrum, along with any typographical errors in the application well as information on any agreement necessary renewal expectancy, and and supplying non-material information the applicant may have relating to the certification that the description is that was inadvertently omitted or was support to be sought through the accurate and that the applicant will not available at the time the application auction; retain such access for the entire ten (10) was submitted. (2) Certify that the applicant is year Mobility Fund Phase II support (iv) Applications to which major financially and technically capable of term; modifications are made after the meeting the public interest obligations (v) A detailed project description that deadline for submitting applications of § 54.1015 in each area for which it describes the network to be built or shall be denied. Major modifications seeks support; upgraded, identifies the proposed include, but are not limited to, any (3) Disclose its status as an Eligible technology, demonstrates that the changes in the ownership of the Telecommunications Carrier in any area project is technically feasible, discloses applicant that constitute an assignment for which it will seek support or as an the complete project budget, and or change of control, or the identity of entity that will file an application to discusses each specific phase of the the applicant, or the certifications become an Eligible Telecommunications project (e.g., network design, required in the application. Carrier in any such area after winning construction, deployment, and (v) After receipt and review of the support in Mobility Fund Phase II, and maintenance), as well as a complete applications, a public notice shall certify that the disclosure is accurate; project schedule, including timelines, identify each winning bidder that may and milestones, and costs; be authorized to receive Mobility Fund (4) Describe the spectrum access that (vi) Certifications that the applicant Phase II support, after the winning the applicant plans to use to meet has available funds for all project costs bidder submits a Letter of Credit and an obligations in areas for which it will bid that exceed the amount of support to be accompanying opinion letter as required for support, including whether the received from Mobility Fund Phase II by § 54.1016, in a form acceptable to the applicant currently holds or leases the and that the applicant will comply with Commission, and any final designation spectrum, including any necessary all program requirements, including the as an Eligible Telecommunications renewal expectancy, and whether such public interest obligations set forth in Carrier that any applicant may still spectrum access is contingent upon § 54.1015; require. Each such winning bidder shall receiving support in a Mobility Fund (vii) Any guarantee of performance submit a Letter of Credit and an Phase II auction, and certify that the that the Commission may require by accompanying opinion letter as required description is accurate and that the public notice or other proceedings, by § 54.1016, in a form acceptable to the applicant will retain such access for the including but not limited to the letters Commission, and any required final entire ten (10) year Mobility Fund Phase of credit required in § 54.1016, or a designation as an Eligible II support term. written commitment from an acceptable Telecommunications Carrier no later (b) Application by Winning Bidders bank, as defined in § 54.1016(a)(2), to than ten (10) business days following for Mobility Fund Phase II Support—(1) issue such a letter of credit; the release of the public notice. Deadline. Unless otherwise provided by (viii) Certification that the applicant (vi) After receipt of all necessary public notice, winning bidders for will offer service in supported areas at information, a public notice will Mobility Fund Phase II support shall file rates that are within a reasonable range identify each winning bidder that is an application for Mobility Fund Phase of rates for similar service plans offered authorized to receive Mobility Fund II support no later than ten (10) business by mobile wireless providers in urban Phase II support. days after the public notice identifying areas during the term of support the them as winning bidders. applicant seeks; § 54.1015 Public interest obligations. (2) Application contents. An (ix) Certification that the party (a) First interim deadline for application for Mobility Fund Phase II submitting the application is authorized construction. A winning bidder support must contain: to do so on behalf of the applicant; and authorized to receive Mobility Fund

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Phase II support shall, no later than 42 to and from the network covering at (j) Liability for failing to satisfy public months from the first day of the month least 85 percent of the square miles interest obligations. A Mobility Fund that follows the month in which the associated with the eligible areas and Phase II support recipient’s failure to Mobility Fund Phase II auction closes, meeting or exceeding the thresholds in comply with the public interest submit to the entities listed in paragraphs (a)(1) and (2) of this section. obligations in this paragraph or any § 54.1020(c) any required data covering A winning bidder shall also submit other terms and conditions of the all areas for which they receive support representative data demonstrating that Mobility Fund Phase II support in a state demonstrating mobile its network covers at least 75 percent of constitutes a performance default. transmissions supporting voice and data every census block group or census tract to and from the network covering at for which it receives support in a state. § 54.1016 Letter of credit. least 40 percent of the square miles (e) Coverage data. Coverage data (a) Before being authorized to receive associated with the eligible areas and submitted in compliance with a Mobility Fund Phase II support, a meeting or exceeding the following: recipient’s public interest obligations winning bidder shall obtain an (1) Outdoor median data transmission shall demonstrate coverage of the square irrevocable standby letter of credit rates of 1 Mbps upload and 10 Mbps miles designated in the public notice which shall be acceptable in all respects download, with at least 90 percent of announcing the final list of eligible to the Commission. the required download speed areas for the competitive bidding that is (1) Each recipient authorized to measurements not less than a certain the basis of the recipient’s support. Any receive Mobility Fund Phase II support threshold speed that will be defined data submitted in compliance with a shall maintain the standby letter of prior to the Mobility Fund Phase II recipient’s public interest obligations credit or multiple standby letters of auction; and shall be in compliance with standards credit in an amount equal to at a (2) Transmission latency of 100 ms or set forth in the applicable public notice. minimum the amount of Mobility Fund less round trip for at least 90 percent of (f) Collocation obligations. During the Phase II auction support that has been the measurements. period when a recipient shall file disbursed and that will be disbursed in (b) Second interim deadline for annual reports pursuant to § 54.1019, the coming year, until the Universal construction. A winning bidder the recipient shall allow for reasonable Service Administrative Company has authorized to receive Mobility Fund collocation by other providers of verified that the recipient met the final Phase II support shall, no later than 54 service milestone as described in months from the first day of the month services that would meet the technological requirements of Mobility § 54.1015(d) of this chapter. that follows the month in which the (i) Once the recipient has met its 60 Fund Phase II on all towers it owns or Mobility Fund Phase II auction closes, percent service milestone as described manages in the area for which it submit to the entities listed in in § 54.1015(b) of this chapter, it may, receives support. In addition, during § 54.1020(c) any required data covering subject to the consent of the Universal this period, the recipient may not enter all areas for which they receive support Service Administrative Company, into facilities access arrangements that in a state demonstrating mobile obtain a new letter of credit or renew its restrict any party to the arrangement transmissions supporting voice and data existing letter of credit so that it is from allowing others to collocate on the to and from the network covering at valued at a minimum at 90 percent of facilities. least 60 percent of the square miles the total support amount already (g) Voice and data roaming associated with the eligible areas and disbursed plus the amount that will be obligations. During the period when a meeting or exceeding the thresholds in disbursed in the coming year. paragraphs (a)(1) and (2) of this section. recipient shall file annual reports (ii) Once the recipient has met its 80 (c) Third interim deadline for pursuant to § 54.1019, the recipient percent service milestone as described construction. A winning bidder shall comply with the Commission’s in § 54.1015(c) of this chapter, it may, authorized to receive Mobility Fund voice and data roaming requirements subject to the consent of the Universal Phase II support shall, no later than 66 that are currently in effect on networks Service Administrative Company, months from the first day of the month that are built through Mobility Fund obtain a new letter of credit or renew its that follows the month in which the Phase II support. existing letter of credit so that it is Mobility Fund Phase II auction closes, (h) Reasonably comparable rates valued at a minimum at 80 percent of submit to the entities listed in obligations. Beginning no later than the the total support amount already § 54.1020(c) any required data covering deadline set forth in paragraph (a) of disbursed plus the amount that will be all areas for which they receive support this section and continuing throughout disbursed in the coming year. in a state demonstrating mobile the remaining period when a recipient (2) Acceptability. The bank issuing transmissions supporting voice and data shall file annual reports pursuant to the letter of credit shall be acceptable to to and from the network covering at § 54.1019, the recipient shall offer the Commission. A bank that is least 80 percent of the square miles service in supported areas at rates that acceptable to the Commission is: associated with the eligible areas and are within a reasonable range of rates for (i) Any United States Bank— meeting or exceeding the thresholds in similar service plans offered by mobile (A) Whose deposits are insured by the paragraphs (a)(1) and (2) of this section. wireless providers in urban areas. Federal Deposit Insurance Corporation; (d) Final deadline for construction. A (i) Data allowance obligations. and winning bidder authorized to receive Beginning no later than the deadline set (B) That has a Weiss bank safety Mobility Fund Phase II support shall, no forth in paragraph (a) of this section and rating of B¥ or higher, or later than 78 months from the first day continuing throughout the remaining (ii) CoBank, ACB— of the month that follows the month in period when a recipient shall file (A) As long as it maintains assets that which the Mobility Fund Phase II annual reports pursuant to § 54.1019, would place it among the top-100 U.S. auction closes, submit to the entities recipient shall offer at least one service banks in terms of the amount of assets, listed in § 54.1020(c) any required data plan in supported areas that includes a determined on the basis of total assets covering all areas for which they receive data allowance comparable to mid-level as of the end of the calendar year support in a state demonstrating mobile service plans offered by nationwide immediately preceding the issuance of transmissions supporting voice and data providers. the letter of credit;

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(B) Its obligations are insured by the will be entitled to draw the entire deployed facilities capable of meeting Farm Credit System Insurance amount of the letter of credit and may the requisite Mobility Fund Phase II Corporation; and disqualify the Mobility Fund Phase II requirements at the state level in the (C) It has a long-term unsecured credit recipient from the receipt of Mobility previous quarter. Mobile eligible rating of BBB¥ or better from Standard Fund Phase II auction support or telecommunications carriers that do not & Poor’s (or the equivalent from a additional universal service support. file these quarterly reports on time will nationally-recognized credit rating (2) The default will be evidenced by be subject to support reductions as agency); or a letter issued by the Chief of either the specified in § 54.1019(f). The mobile (iii) The National Rural Utilities Wireless Telecommunications Bureau or eligible telecommunications carrier Cooperative Finance Corporation— Wireline Competition Bureau or their must continue to file quarterly reports (A) As long as it maintains assets that respective designees, which letter, until the mobile eligible would place it among the top-100 U.S. describing the performance default and telecommunications carrier reports that banks in terms of the amount of assets, attached to a standby letter of credit it has reduced the compliance gap to determined on the basis of total assets draw certificate, shall be sufficient for a less than five (5) percent of the eligible as of the end of the calendar year draw on the standby letter of credit. square miles for that interim milestone immediately preceding the issuance of at the state level and the Wireline the letter of credit; and § 54.1017 Compliance for Mobility Fund Phase II. Competition Bureau or Wireless (B) It has a long-term unsecured credit Telecommunications Bureau issues a rating of BBB¥ or better from Standard (a) Mobile eligible letter to that effect. & Poor’s (or the equivalent from a telecommunications carriers subject to (ii) Tier 2. If a mobile eligible nationally-recognized credit rating defined build-out milestones in telecommunications carrier has a agency); or § 54.1015 must notify the Commission compliance gap of at least 15 percent (iv) Any non-U.S. bank that— and USAC, and the relevant state, U.S. but less than 25 percent of the eligible (A) Is among the 100 largest non-U.S. Territory, or Tribal government, if square miles that the mobile eligible banks in the world, determined on the applicable, within ten (10) business telecommunications carrier is required basis of total assets as of the end of the days after the applicable deadline if to have covered by the interim calendar year immediately preceding they have failed to meet a build-out milestone at the state level, USAC will the issuance of the letter of credit milestone. withhold 15 percent of the mobile (determined on a U.S. dollar equivalent (1) Interim build-out milestones. Upon eligible telecommunications carrier’s basis as of such date); notification that a mobile eligible monthly support for that state and the (B) Has a branch office in the District telecommunications carrier has mobile eligible telecommunications of Columbia or such other branch office defaulted on an interim build-out carrier will be required to file quarterly agreed to by the Commission; milestone after it has begun receiving reports. Once the mobile eligible (C) Maintains a credit rating of BBB¥ Mobility Fund Phase II support, the telecommunications carrier has reported or better from Standard & Poor’s (or the Wireline Competition Bureau or that it has reduced the compliance gap equivalent from a nationally-recognized Wireless Telecommunications Bureau to less than 15 percent of the eligible credit rating agency); and will issue a letter evidencing the square miles for that interim milestone (D) Issues the letter of credit payable default. For purposes of determining at the state level, the Wireline in United States dollars. whether a default has occurred, any Competition Bureau or Wireless (b) Before being authorized to receive service a mobile eligible Telecommunications Bureau will issue Mobility Fund Phase II support, a telecommunications carrier offers must a letter to that effect, and the mobile winning bidder shall provide with its meet the performance obligations in eligible telecommunications carrier will letter of credit an opinion letter from § 54.1015(a)(1) and (2). The issuance of then move to Tier 1 status. legal counsel clearly stating, subject this letter shall initiate reporting (iii) Tier 3. If a mobile eligible only to customary assumptions, obligations and withholding of a telecommunications carrier has a limitations, and qualifications, that in a percentage of the mobile eligible compliance gap of at least 25 percent proceeding under Title 11 of the United telecommunication carrier’s total but less than 50 percent of the eligible States Code, 11 U.S.C. 101 et seq. (the monthly Mobility Fund Phase II square miles that the mobile eligible ‘‘Bankruptcy Code’’), the bankruptcy support, if applicable, starting the telecommunications carrier is required court would not treat the letter of credit month following the issuance of the to have covered by the interim or proceeds of the letter of credit as letter: milestone at the state level, USAC will property of the winning bidder’s (i) Tier 1. If a mobile eligible withhold 25 percent of the mobile bankruptcy estate, or the bankruptcy telecommunications carrier has a eligible telecommunications carrier’s estate of any other bidder-related entity compliance gap of at least five (5) monthly support for that state and the requesting issuance of the letter of percent but less than 15 percent of the mobile eligible telecommunications credit, under section 541 of the eligible square miles that the mobile carrier will be required to file quarterly Bankruptcy Code. eligible telecommunications carrier is reports. Once the mobile eligible (c) Authorization to receive Mobility required to have covered by the relevant telecommunications carrier has reported Fund Phase II support is conditioned interim milestone at the state level, the that it has reduced the compliance gap upon full and timely performance of all Wireline Competition Bureau or to less than 25 percent of the eligible the requirements set forth in this Wireless Telecommunications Bureau square miles for that interim milestone section, § 54.1015, and any additional will issue a letter to that effect. Starting at the state level, the Wireline terms and conditions upon which the three (3) months after the issuance of Competition Bureau or Wireless support was granted. this letter, the mobile eligible Telecommunications Bureau will issue (1) If a Mobility Fund Phase II telecommunications carrier will be a letter to that effect, and the mobile recipient has triggered a recovery action required to file a report every three (3) eligible telecommunications carrier will by USAC as set out in § 54.1017 and has months identifying the eligible square move to Tier 2 status. failed to repay the requisite amount of miles to which the mobile eligible (iv) Tier 4. If a mobile eligible support within six (6) months, USAC telecommunications carrier has newly telecommunications carrier has a

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compliance gap of 50 percent or more of carrier received per eligible square mile over the six year period multiplied by the eligible square miles that the mobile in the state over the six year period the number of square miles unserved in eligible telecommunications carrier is multiplied by the number of square each of the mobile eligible required to have covered by the interim miles unserved in the mobile eligible telecommunications carrier’s winning milestone at the state level: telecommunications carrier’s winning census block group(s) or census tract(s) (A) USAC will withhold 50 percent of areas in the state that would be required in the state that would be required to the mobile eligible telecommunications to meet the 85 percent benchmark, plus meet their respective 75 percent carrier’s monthly support for that state, 10 percent of the mobile eligible benchmarks, plus 10 percent of the and the mobile eligible telecommunications carrier’s total mobile eligible telecommunications telecommunications carrier will be Mobility Fund Phase II support received carrier’s total Mobility Fund Phase II required to file quarterly reports. As in the state over the six-year period for support received in the relevant census with the other tiers, as the mobile deployment. After the mobile eligible block group(s) or census tract(s) over the eligible telecommunications carrier telecommunications carrier has paid the six-year period for deployment. The reports that it has lessened the extent of calculated recovery amount for failure mobile eligible telecommunications its non-compliance, and the Wireline to comply with the final deployment carrier will have six months to repay the Competition Bureau or Wireless milestone, the Bureaus will calculate a support USAC seeks to recover. After Telecommunications Bureau issues a reduced support payment for the the mobile eligible telecommunications letter to that effect, it will move down remaining support term based on the carrier has paid the calculated recovery the tiers until it reaches Tier 1 (or no percentage of deployment coverage amount, the Bureaus will calculate a longer is out of compliance with the completed. The reduced ongoing annual reduced support payment for the relevant interim milestone). support amount will be the total of the remaining support term. The reduced (B) If, after having 50 percent of its mobile eligible telecommunications ongoing annual support amount will be support withheld for six (6) months, the carrier’s original winning bid amounts the mobile eligible telecommunications mobile eligible telecommunications for annual support in the state carrier’s original winning bid amount carrier has not reported that it has a multiplied by the sum of the actual for annual support in any such census compliance gap of less than 50 percent, deployment percentage plus 15 percent block group or census tract, multiplied USAC will withhold 100 percent of the (i.e., the difference between 100 percent by the sum of the actual deployment mobile eligible telecommunications coverage and the required 85 percent percentage plus 25 percent (i.e., the carrier’s monthly support for the state minimum coverage), or (annual support) difference between 100 percent coverage and will commence a recovery action * (percentage covered + 0.15). If at the and the required 75 percent minimum for a percentage of support that is equal end of six months the mobile eligible coverage), or (annual support) * to the mobile eligible telecommunications carrier has not fully (percentage covered + 0.25). If at the end telecommunications carrier’s paid back the support for missing the of six months the mobile eligible compliance gap plus 10 percent of the relevant 85 percent benchmark, the telecommunications carrier has not fully mobile eligible telecommunications mobile eligible telecommunications paid back the support for missing the carrier’s support that has been disbursed carrier shall be liable for repayment of relevant 75 percent benchmark(s), the to that date. (v) Restoration of full support. If at all the support that has been disbursed mobile eligible telecommunications any point during the support term, the to the mobile eligible carrier shall be liable for repayment of mobile eligible telecommunications telecommunications carrier for that all the support that has been disbursed carrier reports that it is eligible for Tier state, the Wireline Competition Bureau to the mobile eligible 1 status, it will have its support fully or the Wireless Telecommunications telecommunications carrier for that restored, USAC will repay any funds Bureau will issue a letter to that effect, state, the Wireline Competition Bureau that were recovered or withheld, and it and USAC will draw on the letter(s) of or the Wireless Telecommunications will move to Tier 1 status. credit to recover all the support that has Bureau will issue a letter to that effect, (2) Final milestone. Upon notification been disbursed to the mobile eligible and USAC will draw on the letter(s) of that the mobile eligible telecommunications carrier for that credit to recover all the support that has telecommunications carrier has not met state. been disbursed to the mobile eligible a final milestone, the mobile eligible (ii) If the mobile eligible telecommunications carrier for that telecommunications carrier will have telecommunications carrier does not state. In the event that USAC draws on twelve (12) months from the date of the report that it has come into full a letter of credit to recover all the final milestone deadline to come into compliance with this milestone within support that has been disbursed to the full compliance with this milestone. twelve (12) months because it fails to mobile eligible telecommunications (i) If the mobile eligible meet the 75 percent benchmark(s) for carrier for a state, the mobile eligible telecommunications carrier does not any census block group(s) or census telecommunications carrier’s report that it has come into full tract(s) in the state at the final milestone participation in Mobility Fund Phase II compliance with this milestone within (even if it meets the 85 percent in that state will immediately end and twelve (12) months because it fails to statewide benchmark), the Wireline no further support will be paid. meet the 85 percent benchmark (even if Competition Bureau or the Wireless (3) Compliance reviews. If, subsequent it meets the 75 percent benchmark for Telecommunications Bureau will issue to the mobile eligible some or all the census block group(s) or a letter for any such census block telecommunications carrier’s final census tract(s)), the Wireline group(s) or census tract(s), and USAC milestone but during the remaining Competition Bureau or the Wireless will recover disbursement(s) in an support term, USAC determines in the Telecommunications Bureau will issue amount of support that is equal to 1.89 course of a compliance review that the a letter, and USAC will recover multiplied by the average amount of mobile eligible telecommunications disbursement(s) in an amount of support the mobile eligible carrier does not have sufficient evidence support that is equal to 1.89 multiplied telecommunications carrier received per to demonstrate that it is offering service by the average amount of support the eligible square mile in the census block to the required percentage of square mobile eligible telecommunications group(s) or census tract(s) in the state miles by census block group or census

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tract, or state, USAC shall withhold U.S. Territory, or Tribal governments, as § 54.1015(a) through (d) as well as support for a period not to exceed six appropriate, until such time that the certifications that it has met the months until the mobile eligible Administrator announces that annual construction requirements in telecommunications carrier reports shall be filed solely via the § 54.1015(a) through (d). demonstrates that it is again providing Administrator’s online portal. (b) The party submitting the report the requisite service to the required (d) In each annual report, a recipient must certify that it has been authorized percentage of square miles. Once the of Mobility Fund Phase II support shall to do so by the winning bidder. mobile eligible telecommunications certify that it is in compliance with all (c) Each report shall be submitted to carrier demonstrates that it is providing requirements for receipt of such support the Office of the Secretary of the the requisite service to the required to continue receiving Mobility Fund Commission, clearly referencing the percentage of square miles and USAC Phase II disbursements. appropriate docket for Mobility Fund has verified the demonstration, USAC (e) Winning bidders have a continuing Phase II reporting; the Administrator; will pay any withheld support and obligation to maintain the accuracy and and the relevant state commissions, resume ongoing disbursements. If the completeness of the information relevant authority in a U.S. Territory, or mobile eligible telecommunications provided in their long-form applications Tribal governments, as appropriate, carrier does not provide a verifiable and their annual reports. All winning until such time that the Administrator demonstration of coverage within the bidders shall provide information about announces that such reports shall be permitted six-month period, USAC shall any substantial change that may be of filed solely via the Administrator’s recover an amount of support that is decisional significance regarding their online portal. equal to 1.89 times the average amount eligibility for Mobility Fund Phase II (d) Winning bidders have a of support per square mile received in support and compliance with Mobility continuing obligation to maintain the the winning bid area over the six-year Fund Phase II requirements as an accuracy and completeness of the deployment period for the relevant update to their annual report submitted information provided in their long-form number of square miles for which the to the entities listed in § 54.1019(c). applications and their milestone reports. mobile eligible telecommunications Such notification of a substantial All winning bidders shall provide information about any substantial carrier has failed to produce sufficient change, including any reduction in the change that may be of decisional evidence, plus 10 percent of the mobile percentage of eligible square miles being significance regarding their eligibility eligible telecommunications carrier’s served or any failure to comply with any for Mobility Fund Phase II support and total support received in that winning of the Mobility Fund Phase II compliance with Mobility Fund Phase II bid area over the six-year deployment requirements, shall be submitted within requirements as an update to their time period, and will calculate a ten (10) business days after the milestone report submitted to the reduced ongoing annual support reportable event occurs. entities listed in paragraph (c) of this amount as set out in paragraphs (a)(2)(i) (f) In order for a recipient of Mobility section. Such notification of a and (ii) of this section, as appropriate. Fund Phase II support to continue to (b) [Reserved]. receive support for the following substantial change, including any calendar year, it must submit the annual reduction in the percentage of eligible § 54.1018 Mobility Fund Phase II report required by this section annually square miles being served or any failure disbursements. by July 1 of each year. Mobile eligible to comply with any of the Mobility (a) A winning bidder for Mobility telecommunications carriers that file Fund Phase II requirements, shall be Fund Phase II support will be advised their reports after the July 1 deadline submitted within ten (10) business days by public notice whether it has been shall receive a reduction in support after the reportable event occurs. authorized to receive such support. The pursuant to the following schedule: (e) In order for a recipient of Mobility public notice will detail how (1) A mobile eligible Fund Phase II support to continue to disbursements will be made. telecommunications carrier that files receive support for the following (b) Mobility Fund Phase II support after the July 1 deadline, but by July 8, calendar year, it must submit the will be available for monthly will have its support reduced in an milestone reports required by this disbursement to a winning bidder amount equivalent to seven (7) days of section by the deadlines set forth in authorized to receive such support for support; § 54.1015(a) through (d). Mobile eligible ten years from the first day of the month (2) A mobile eligible telecommunications carriers that file that follows the month in which the telecommunications carrier that files on their reports after the relevant deadlines Mobility Fund Phase II auction closes. or after July 9 will have its support shall receive a reduction in support reduced on a pro-rata daily basis pursuant to the following schedule: § 54.1019 Annual reports. equivalent to the period of non- (1) A mobile eligible (a) A winning bidder authorized to compliance, plus the minimum seven- telecommunications carrier that files receive Mobility Fund Phase II support day reduction. after the deadline, but within seven shall submit an annual report no later (f) A mobile eligible days of the deadline, will have its than July 1 in each year for the ten (10) telecommunications carrier that submits support reduced in an amount years after it is so authorized. the annual reporting information equivalent to seven (7) days of support; (b) The party submitting the annual required by this section within three (3) (2) A mobile eligible report must certify that it has been days of the July 1 deadline will not telecommunications carrier that files on authorized to do so by the winning receive a reduction in support if the or after the eighth day following the bidder. mobile eligible telecommunications deadline will have its support reduced (c) Each annual report shall be carrier has not missed the July 1 on a pro-rata daily basis equivalent to submitted to the Office of the Secretary deadline in any prior year. the period of non-compliance, plus the of the Commission, clearly referencing minimum seven-day reduction. the appropriate docket for Mobility § 54.1020 Milestone reports. (g) A mobile eligible Fund Phase II reporting; the (a) A winning bidder authorized to telecommunications carrier that submits Administrator; and the relevant state receive Mobility Fund Phase II support the milestone reporting information commissions, relevant authority in a shall submit the reports required in required by this section within three (3)

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days of the deadline will not receive a § 54.1021 Record retention for Mobility and its agents are subject to the record reduction in support if the mobile Fund Phase II. retention requirements in § 54.320. eligible telecommunications carrier has A winning bidder authorized to [FR Doc. 2017–05665 Filed 3–27–17; 8:45 am] not missed the deadline in any prior receive Mobility Fund Phase II support BILLING CODE 6712–01–P year.

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Reader Aids Federal Register Vol. 82, No. 58 Tuesday, March 28, 2017

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 13 CFR Presidential Documents 2 CFR 107...... 14428 Executive orders and proclamations 741–6000 3474...... 14419 The United States Government Manual 741–6000 14 CFR 3 CFR Other Services 17...... 14429 Proclamations: Electronic and on-line services (voice) 741–6020 21...... 13752 9574...... 12707 Privacy Act Compilation 741–6050 25 ...... 13961, 14111, 14113, 9575...... 12709 Public Laws Update Service (numbers, dates, etc.) 741–6043 14115, 14117, 14119, 14122, 9576...... 12711 14125, 14126, 14128 9577...... 13223 27...... 13962 ELECTRONIC RESEARCH 9578...... 14809 39 ...... 12289, 12291, 12293, 9579...... 15111 World Wide Web 12393, 12395, 12397, 12401, Executive Orders: 12405, 12407, 12410, 13059, Full text of the daily Federal Register, CFR and other publications 13532 (Revoked by 13062, 13063, 13379, 13382, is located at: www.fdsys.gov. EO 13779)...... 12499 13385, 13753, 14429, 14601, 13769 (Revoked by Federal Register information and research tools, including Public 14602, 15115, 15118, 15120, EO 13780)...... 13209 Inspection List, indexes, and Code of Federal Regulations are 15123, 15126, 15281, 15284, 13777...... 12285 located at: www.ofr.gov. 15287 13778...... 12497 71 ...... 12503, 12504, 12505, E-mail 13779...... 12499 12713, 12715, 13065, 15128, 13780...... 13209 FEDREGTOC (Daily Federal Register Table of Contents Electronic 15129, 15131 13781...... 13959 73...... 13389 Mailing List) is an open e-mail service that provides subscribers Administrative Orders: with a digital form of the Federal Register Table of Contents. The 91...... 14433 Notices: 97...... 14811, 14813 digital form of the Federal Register Table of Contents includes Notice of March 22, HTML and PDF links to the full text of each document. 234...... 14437, 14604 2017 ...... 15107 Proposed Rules: To join or leave, go to https://public.govdelivery.com/accounts/ 7 CFR 25...... 14165 USGPOOFR/subscriber/new, enter your email address, then 39 ...... 12301, 12303, 12305, follow the instructions to join, leave, or manage your 205...... 14420 12308, 12310, 12312, 12314, subscription. 319...... 14987 12424, 12753, 12755, 13073, PENS (Public Law Electronic Notification Service) is an e-mail 966...... 13741 13077, 13079, 13405, 13565, service that notifies subscribers of recently enacted laws. 3430...... 15113 13567, 13570, 14488, 14642, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 14646, 14832, 14835, 14837, and select Join or leave the list (or change settings); then follow 51...... 14832 15116, 15169 the instructions. 52...... 12424 71 ...... 12522, 12523, 12525, 271...... 12184 13407, 13409, 14839, 14841, FEDREGTOC and PENS are mailing lists only. We cannot 272...... 12184 15172, 15303, 15304, 15306 respond to specific inquiries. 273...... 12184 73...... 12526, 12529 Reference questions. Send questions and comments about the 930...... 14481 399...... 13572 Federal Register system to: [email protected] 945...... 14485 16 CFR The Federal Register staff cannot interpret specific documents or 10 CFR regulations. 1240...... 12716 72...... 14987 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 429...... 14425, 14426 17 CFR longer appears in the Federal Register. This information can be 430...... 14425, 14427 229...... 14130 found online at http://bookstore.gpo.gov/. 431...... 14426 232...... 14130 435...... 14427 239...... 14130 FEDERAL REGISTER PAGES AND DATE, MARCH Proposed Rules: 249...... 14130 26...... 13778 12167–12288...... 1 14319–14418...... 20 Proposed Rules: 50...... 13778 1...... 13971 12289–12392...... 2 14419–14600...... 21 52...... 13778 23...... 13971 12393–12502...... 3 14601–14810...... 22 72...... 15007 40...... 13971 12503–12712...... 6 14811–14986...... 23 73...... 13778 210...... 12757 12713–12920...... 7 14987–15112...... 24 140...... 13778 211...... 12757 12921–13058...... 8 15113–15280...... 27 229...... 12757, 14282 13059–13224...... 9 15281–15456...... 28 12 CFR 230...... 14282 13225–13378...... 10 1202...... 13743 231...... 12757 13379–13548...... 13 1207...... 14992 232...... 14282 13549–13740...... 14 1223...... 14992 239...... 14282 13741–13958...... 15 Proposed Rules: 240...... 13928 13959–14110...... 16 1005...... 13782, 15009 241...... 12757 14111–14318...... 17 1026...... 13782 249...... 14282

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274...... 14282 33 CFR 320...... 12333 67...... 13972 770...... 14324 73...... 13285 18 CFR 100 ...... 12412, 12414, 15133, 15135 Proposed Rules: 11...... 12717 117 ...... 12177, 12415, 13756, Ch. I ...... 14172 48 CFR 12...... 13390 13757, 13758, 14607, 14820, 50...... 15310 Proposed Rules: 14995, 15135, 15137, 15138, 51...... 15310 20 CFR 816...... 13418 15290 52 ...... 13084, 13086, 13269, 828...... 13418 404...... 15132 165 ...... 12177, 12416, 13225, 13270, 13278, 13280, 13413, 852...... 13418 416...... 15132 13965, 14149, 14439, 15291, 14496, 14498, 14499, 14648, 14654, 14670, 14845 3001...... 14341 21 CFR 15292, 15293, 15295, 15296 401...... 12418 86...... 14671 3002...... 14341 1...... 14143 402...... 12420 110...... 12532 3004...... 14341 101...... 14143 3024...... 14341 Proposed Rules: 112...... 12532 3039...... 14341 112...... 14143 100 ...... 13081, 14494, 15014, 116...... 12532 3052...... 14341 115...... 14143 15174 117...... 12532 117...... 14143 110...... 15014 122...... 12532 118...... 14143 117...... 12185, 13785 174...... 14846 49 CFR 201...... 14319 165 ...... 13081, 13410, 13572, 180...... 14846 507...... 14143 194...... 13282 270...... 14476 15014, 15308 380...... 14476 510...... 12167, 12170 328...... 12532 230...... 12532 516...... 12167 232...... 12532 383...... 14476 520...... 12167 34 CFR 271...... 14341 384...... 14476 522...... 12167, 12170 300...... 12532, 14149 571...... 14477 668...... 13227 578...... 15302 529...... 12167, 12170 674...... 13968 302...... 12532 558...... 12167 372...... 12924 585...... 14477 800...... 14143 36 CFR 401...... 12532 1250...... 13401 801...... 14319 1193...... 12295 Proposed Rules: 42 CFR 862...... 13549, 13551 1194...... 12295 171...... 14499 876...... 12171 10...... 12508, 14332 172...... 14499 882...... 13553 37 CFR 73...... 13259 173...... 14499 1100...... 14319 204...... 12180 405...... 14639 174...... 14499 1308 ...... 12171, 13067, 14815 385...... 15297 410...... 14639 177...... 14499 Proposed Rules: Proposed Rules: 411...... 14639 178...... 14499 73...... 12184, 12531 201...... 12326 414...... 14639 179...... 14499 1132...... 14647 350...... 14168 417...... 14639 180...... 14499 1301...... 14490 360...... 14168 422...... 14639 350...... 14848 1308...... 14842 423...... 14639 365...... 14848 1311...... 14490 38 CFR 424...... 14639 385...... 14848 17...... 14820 425...... 14639 386...... 14848 23 CFR 438...... 12509 387...... 14848 490...... 14438 39 CFR 460...... 14639 395...... 14848 111...... 12180, 12181 510...... 14464 523...... 14671 28 CFR 243...... 12921 512...... 14464 531...... 14671 802...... 13554 265...... 12921, 15138 533...... 14671 44 CFR 266...... 12921 536...... 14671 29 CFR 3004...... 12506 64...... 13399, 14828 537...... 14671 503...... 14147 67 ...... 12510, 14153, 14158, Ch. XII...... 13575 1910...... 14439 40 CFR 14162, 14334, 14336 1915...... 14439 22...... 14324 47 CFR 50 CFR 1926...... 14439 50...... 14325 4022...... 13755 51...... 14324 0...... 13260 217...... 13765, 14996 4044...... 13755 52 ...... 12328, 13227, 13230, 1...... 12512, 15422 300...... 12730 Proposed Rules: 13235, 13243, 13390, 13392, 54 ...... 14338, 14466, 14639, 622 ...... 14477, 14641, 15005 1910...... 12318 13398, 14442, 14446, 14458, 15422 635 ...... 12296, 12747, 14163 1915...... 12318 14461, 14463, 14608, 14611, 64...... 12182, 12922 648 ...... 13402, 13562, 13564, 1926...... 12318 14822, 15139, 15299, 15301 69...... 14338 14478, 15154, 15155, 15164 2510...... 12319 68...... 13968 73...... 12922, 14995 660...... 12922 70...... 15301 74...... 13069, 13969 679 ...... 12423, 12749, 12750, 30 CFR 81...... 13227 Proposed Rules: 13072, 13267, 13777, 14479, Proposed Rules: 124...... 14324 6...... 13972 15164 56...... 15173 171...... 14324 7...... 13972 Proposed Rules: 57...... 15173 180 ...... 13245, 13251, 13759, 14...... 13972 217...... 14185 938...... 13268 14614, 14617, 14620, 14623, 15...... 13285 622...... 12187 14631, 14633, 14636 20...... 13972 648...... 15311 32 CFR 271...... 13256, 14327 54...... 13413 660...... 14850 706...... 14606 300 ...... 12422, 14149, 14324 64...... 12924, 13972 679...... 13302, 14853

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List March 23, 2017 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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