Vol. 84 Friday, No. 129 July 5, 2019

Pages 32013–32254

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 129

Friday, July 5, 2019

African Development Foundation Foreign Futures and Options Transactions, 32105–32109 NOTICES Meetings: Community Living Administration Board of Directors, 32119 PROPOSED RULES Grants for Supportive and Nutritional Services to Older Agency for Healthcare Research and Quality Hawaiian Natives Program, 32116–32117 NOTICES Agency Information Collection Activities; Proposals, Education Department Submissions, and Approvals, 32174–32175 NOTICES Applications for New Awards: Agriculture Department Rehabilitation Training: Innovative Rehabilitation See Animal and Plant Health Inspection Service Training Program, 32135–32144 See Forest Service Rehabilitation Training: Rehabilitation Long-Term See Procurement and Property Management Office, Training Program––Vocational Rehabilitation Agriculture Department Counseling and Rehabilitation Training: Animal and Plant Health Inspection Service Rehabilitation Long-Term Training Program–– NOTICES Rehabilitation Specialty Areas, 32144–32152 List of Regions Affected With Highly Pathogenic Avian Technical Assistance and Dissemination to Improve Influenza: Services and Results for Children With Disabilities— Addition of Bulgaria, 32119 Model Demonstration Projects for Early Identification of Students With Dyslexia in Elementary School, Centers for Disease Control and Prevention 32152–32158 NOTICES Trauma Recovery Demonstration Grant Program, 32128– Agency Information Collection Activities; Proposals, 32134 Submissions, and Approvals, 32175–32189 Employment and Training Administration Civil Rights Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Florida Advisory Committee, 32120 Student Safety Assessment of Job Corps Participants, South Dakota Advisory Committee, 32120–32121 32221–32222

Coast Guard Energy Department RULES See Federal Energy Regulatory Commission Safety Zone: Fireworks Display, Delaware River, Chester, PA, 32064– Environmental Protection Agency 32066 RULES Recurring Marine Events in Captain of the Port Long Air Quality State Implementation Plans; Approvals and Island Sound Zone, 32063–32064 Promulgations: Special Local Regulation: Delaware; Emissions Statements Rule Certification for the Recurring Marine Events in Captain of the Port Long 2008 Ozone National Ambient Air Quality Standard, Island Sound Zone, 32061 32068–32072 Zimovia Strait, Wrangell, AK, 32061–32063 District of Columbia; Nonattainment New Source Review PROPOSED RULES Requirements for 2008 8-Hour Ozone Standard, Safety Zone: 32072–32076 Perch and Pilsner Festival, Lake Erie, Conneaut, OH, Missouri; Measurement of Emissions of Air 32112–32114 Contaminants, 32066–32068 Commerce Department Decision on Supplemental Information on the Effluent See Industry and Security Bureau Limitations Guidelines and Standards for the Oil and See International Trade Administration Gas Extraction Point Source Category, 32094–32096 See National Oceanic and Atmospheric Administration Pesticide Tolerances for Emergency Exemptions: Indoxacarb, 32088–32094 Committee for Purchase From People Who Are Blind or Standards of Performance: Severely Disabled Stationary Compression Ignition Internal Combustion NOTICES Engines, 32084–32088 Procurement List; Additions and Deletions, 32127–32128 State Plans for Designated Facilities and Pollutants; Approval and Promulgation: Commodity Futures Trading Commission Pennsylvania; Removal of Allegheny County PROPOSED RULES Requirements Applicable to Gasoline Volatility in the Derivatives Clearing Organization General Provisions and Allegheny County Portion of the Pittsburgh-Beaver Core Principles, 32104–32105 Valley Area, 32076–32083

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PROPOSED RULES Food and Drug Administration Standards of Performance: NOTICES Stationary Compression Ignition Internal Combustion Guidance: Engines, 32114–32116 Providing Regulatory Submissions in Electronic Format— NOTICES Content of the Risk Evaluation and Mitigation Certain New Chemicals; Receipt and Status Information for Strategies Document Using Structured Product April 2019, 32161–32168 Labeling; Correction, 32189 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 32168–32169 Foreign Assets Control Office NOTICES Federal Aviation Administration Blocking or Unblocking of Persons and Properties, 32252 RULES Airworthiness Directives: Forest Service Robinson Helicopter Company Helicopters, 32028–32030 NOTICES Standard Instrument Approach Procedures, and Takeoff Meetings: Minimums and Obstacle Departure Procedures; Sabine-Angelina Resource Advisory Committee, 32119– Miscellaneous Amendments, 32033–32040 PROPOSED RULES 32120 Airworthiness Directives: Embraer S.A. Airplanes, 32101–32104 General Services Administration Pilatus Aircraft Ltd. Airplanes, 32099–32101 NOTICES NOTICES Meetings: Charter Renewal: Public Buildings Reform Board, 32173 Commercial Space Transportation Advisory Committee, 32251 Health and Human Services Department See Agency for Healthcare Research and Quality Federal Communications Commission See Centers for Disease Control and Prevention PROPOSED RULES See Community Living Administration Connect America Fund, 32117–32118 See Food and Drug Administration See Health Resources and Services Administration Federal Election Commission See National Institutes of Health NOTICES NOTICES Request for Comments: Meetings; Sunshine Act, 32169 National Youth Sports Strategy, 32190 Federal Emergency Management Agency Health Resources and Services Administration NOTICES NOTICES Flood Hazard Determinations, 32193–32198 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Energy Regulatory Commission Nurse Anesthetist Traineeship Program Specific Data NOTICES Forms, 32189–32190 Combined Filings, 32159–32161 Environmental Impact Statements; Availability, etc.: Homeland Security Department Pacific Gas and Electric Co. and City of Santa Clara, CA, See Coast Guard Bucks Creek Hydropower Project, 32161 See Federal Emergency Management Agency See U.S. Customs and Border Protection Federal Highway Administration NOTICES Housing and Urban Development Department Environmental Impact Statements; Availability, etc.: NOTICES Mid-States Corridor, Southern Indiana, 32251–32252 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Reserve System Federal Housing Administration Healthcare Facility NOTICES Documents, 32198–32205 Announcement of Financial Sector Liabilities, 32169–32170 Privacy Act; Systems of Records, 32205–32209 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 32170 Industry and Security Bureau NOTICES Federal Trade Commission Meetings: NOTICES Information Systems Technical Advisory Committee, Agency Information Collection Activities; Proposals, 32121 Submissions, and Approvals, 32170–32173 Interior Department Fish and Wildlife Service See Fish and Wildlife Service NOTICES See Land Management Bureau Endangered and Threatened Species: See National Park Service Recovery Permit Applications, 32209–32212 See Surface Mining Reclamation and Enforcement Office

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International Trade Administration Nuclear Regulatory Commission NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Meetings: or Reviews: Best Practices for Establishment and Operation of Local Carbon and Alloy Steel Cut-to-Length Plate From the Community Advisory Boards in Response to a Federal Republic of Germany, 32126–32127 Portion of the Nuclear Energy Innovation and Certain Cold-Rolled Steel Flat Products From the Modernization Act, 32223–32224 Republic of Korea, 32123–32124 Certain Softwood Lumber Products From Canada, 32121– Overseas Private Investment Corporation 32123 NOTICES Oil Country Tubular Goods From the People’s Republic Agency Information Collection Activities; Proposals, of China, 32125–32126 Submissions, and Approvals, 32224–32225 Meetings: Renewable Energy and Energy Efficiency Advisory Presidential Documents Committee, 32124–32125 PROCLAMATIONS Special Observances: International Trade Commission Pledge to America’s Workers Month (Proc. 9907), 32013– NOTICES 32014 Investigations; Determinations, Modifications, and Rulings, etc.: Procurement and Property Management Office, Certain LED Lighting Devices and Components Thereof, Agriculture Department 32218–32220 RULES Certain Reload Cartridges for Laparoscopic Surgical Designation of Product Categories for Federal Procurement, Staplers, 32220–32221 32015–32028 Laminated Woven Sacks From China, 32221 Persulfates From China, 32217–32218 Securities and Exchange Commission Quartz Surface Products From China, 32216–32217 RULES Steel Wire Garment Hangers From China, 32217 Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships, 32040–32060 Labor Department NOTICES Applications: See Employment and Training Administration Deregistration, 32229–32230 Meetings: Land Management Bureau Fixed Income Market Structure Advisory Committee, NOTICES 32237–32238 Environmental Assessments; Availability, etc.: Self-Regulatory Organizations; Proposed Rule Changes: GCC Energy, LLC, Coal Lease-by-Application and Mine Cboe BYX Exchange, Inc., 32227–32229 Plan Modification COC–78825, La Plata County, CO, Cboe BZX Exchange, Inc., 32230–32232 32212–32213 Cboe C2 Exchange, Inc., 32225–32227 New Elk Coal Co., LLC, Coal Lease-by-Application COC– Cboe EDGA Exchange, Inc., 32235–32237 71978, Las Animas County, CO, 32212 Cboe EDGX Exchange, Inc., 32233–32235 Investors Exchange LLC, 32238–32244 National Aeronautics and Space Administration New York Stock Exchange LLC, 32232–32233 NOTICES The Nasdaq Stock Market, LLC, 32245–32246 Meetings: NASA Advisory Council; Aeronautics Committee, 32222– State Department 32223 NOTICES Culturally Significant Objects Imported for Exhibition: National Institutes of Health Mapa Wiya (Your Map’s Not Needed): Australian NOTICES Aboriginal Art From the Fondation Opale, 32246 Meetings: List of Participating Countries and Entities in the Kimberley Center for Scientific Review, 32190–32191 Process Certification Scheme, 32247–32248 National Institute of Environmental Health Sciences, 32191 Surface Mining Reclamation and Enforcement Office PROPOSED RULES Kansas Regulatory Program, 32109–32110 National Oceanic and Atmospheric Administration Louisiana Abandoned Mine Land Reclamation Plan, 32111– RULES 32112 Fisheries Off West Coast States: NOTICES Pacific Coast Groundfish Fishery; Trawl Logbook, 32096– Record of Decision: 32098 Coal Hollow Mine Mining Plan, 32214–32216

National Park Service Trade Representative, Office of United States NOTICES NOTICES Meetings: Hearing: Native American Graves Protection and Repatriation Enforcement of U.S. WTO Rights in Large Civil Aircraft Review Committee, 32214 Dispute, 32248–32251

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Transportation Department Meetings: See Federal Aviation Administration Creating Options for Veterans Expedited Recovery See Federal Highway Administration Commission, 32253–32254 Veterans’ Advisory Committee on Rehabilitation, 32253 Treasury Department See Foreign Assets Control Office U.S. Customs and Border Protection NOTICES Reader Aids Quarterly IRS Interest Rates Used in Calculating Interest On Consult the Reader Aids section at the end of this issue for Overdue Accounts and Refunds on Customs Duties, phone numbers, online resources, finding aids, and notice 32192–32193 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Veterans Affairs Department electronic mailing list, go to https://public.govdelivery.com/ NOTICES Agency Information Collection Activities; Proposals, accounts/USGPOOFR/subscriber/new, enter your e-mail Submissions, and Approvals: address, then follow the instructions to join, leave, or VA Post-Separation Transition Assistance Program manage your subscription. Assessment Longitudinal Survey, 32252–32253

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9907...... 32013 7 CFR 3201...... 32015 14 CFR 39...... 32028 97 (4 documents) ...... 32030, 32033, 32037, 32038 Proposed Rules: 39 (2 documents) ...... 32099, 32101 17 CFR 210...... 32040 Proposed Rules: 1...... 32104 30...... 32105 39...... 32104 140...... 32104 30 CFR Proposed Rules: 916...... 32109 918...... 32111 33 CFR 100 (2 documents) ...... 32061 165 (2 documents) ...... 32063, 32064 Proposed Rules: 165...... 32112 40 CFR 52 (4 documents) ...... 32066, 32068, 32072, 32076 60...... 32084 180...... 32088 435...... 32094 Proposed Rules: 60...... 32114 45 CFR Proposed Rules: 1323...... 32116 47 CFR Proposed Rules: 54...... 32117 50 CFR 660...... 32096

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Federal Register Presidential Documents Vol. 84, No. 129

Friday, July 5, 2019

Title 3— Proclamation 9907 of July 1, 2019

The President Pledge to America’s Workers Month, 2019

By the President of the United States of America

A Proclamation This month, we celebrate Pledge to America’s Workers Month. Last year, I signed an Executive Order establishing the President’s National Council for the American Worker. The Council, made up of 14 Federal agencies, is charged with developing a national strategy for training and reskilling workers for high-demand occupations and the industries of the future. The Federal Government, however, cannot do it alone. That is why we also launched the Pledge to America’s Workers, a call-to-action for States and the private sector to create new education and training opportunities to better serve the American worker and encourage private investment in work- force development. As of today, a strong bipartisan majority of our Nation’s Governors and more than 280 companies and associations have signed the Pledge, committing to create nearly 10 million enhanced career and training opportunities for America’s workforce. On this inaugural Pledge to America’s Workers Month, my Administration calls on more States and employers, both large and small, to sign the Pledge to strengthen the economy and ensure one of America’s greatest assets—its workforce—is prepared for the jobs of today and tomorrow. As President, I have worked to revitalize our country’s economy and usher in a new era of American prosperity. Since taking office, 5.4 million jobs have been added to our Nation’s economy. This year, wage growth hit its fastest pace in a decade, boosting the buying power of American workers. My Administration has unleashed an economic expansion that has brought a record number of Americans back into the labor market. Not only has the national unemployment rate dropped to 3.6 percent, the lowest rate in half a century, but unemployment has reached historic lows among minori- ties, veterans, and individuals with disabilities. In May, a record 75 percent of people who started that work had been out of the labor force the previous month rather than unemployed. In other words, we are bringing more people off the sidelines and into the labor force than ever before. We are striving for and achieving inclusive growth, so that all Americans, especially those who have been marginalized, can find meaningful work and the training needed to fill vacant jobs. Our country’s flourishing job market also poses exciting new opportunities. In each of the past 14 months, the United States has had more job openings than job seekers, meaning there remains room for even more Americans to enter the labor force. My Administration stands ready to help American workers gain the skills needed to fill the approximately 7.4 million open jobs. That is why last month, the Department of Labor launched the new Industry-Recognized Apprenticeship pathway, encouraging companies to offer on-the-job training in new, emerging, and high-growth sectors of our economy. Throughout Pledge to America’s Workers Month, we applaud the States, employers, and associations who have signed the Pledge. And we encourage those that have not yet signed the Pledge to do so and commit to new education and training opportunities over the next 5 years. Together, with

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the industrious spirit of the American workforce, we will build a more prosperous future for all generations. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 2019 as Pledge to America’s Workers Month. IN WITNESS WHEREOF, I have hereunto set my hand this first day of July, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.

[FR Doc. 2019–14472 Filed 7–3–19; 8:45 am] Billing code 3295–F9–P

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Rules and Regulations Federal Register Vol. 84, No. 129

Friday, July 5, 2019

This section of the FEDERAL REGISTER II. Background Federal Procurement’’ in title 7 of the contains regulatory documents having general III. Discussion of Public Comments U.S. Code of Federal Regulations (CFR), applicability and legal effect, most of which IV. Summary of Changes part 3201 (Guidelines), the USDA are keyed to and codified in the Code of V. Regulatory Information BioPreferred Program ‘‘designates’’ A. Executive Order 12866: Regulatory Federal Regulations, which is published under product categories to which the 50 titles pursuant to 44 U.S.C. 1510. Planning and Review and Executive Order 13563: Improving Regulation and preferred procurement requirements The Code of Federal Regulations is sold by Regulatory Review apply by listing them in subpart B of 7 the Superintendent of Documents. B. Regulatory Flexibility Act (RFA) CFR part 3201. C. Executive Order 12630: Governmental The term ‘‘product category’’ is used Actions and Interference With as a generic term in the designation DEPARTMENT OF AGRICULTURE Constitutionally Protected Property process to mean a grouping of specific Rights products that perform a similar Office of Procurement and Property D. Executive Order 12988: Civil Justice function. As originally finalized, the Management Reform E. Executive Order 13132: Federalism Guidelines included provisions for the designation of product categories that 7 CFR Part 3201 F. Unfunded Mandates Reform Act of 1995 G. Executive Order 12372: were composed of finished, consumer RIN 0599–AA26 Intergovernmental Review of Federal products such as mobile equipment Programs hydraulic fluids, penetrating lubricants, Designation of Product Categories for H. Executive Order 13175: Consultation or hand cleaners and sanitizers. Federal Procurement and Coordination With Indian Tribal The 2008, 2014, and 2018 Farm Bills Governments AGENCY: Office of Procurement and directed USDA to expand the scope of I. Paperwork Reduction Act the Guidelines to include the Property Management, USDA. J. E-Government Act ACTION: Final rule. K. Congressional Review Act designation of product categories composed of both intermediate SUMMARY: The U.S. Department of I. Authority ingredients and feedstock materials and Agriculture (USDA) is amending the These product categories are finished products made from those Guidelines for Designating Biobased designated under the authority of materials. Specifically, the 2008 Farm Products for Federal Procurement section 9002 of the Farm Security and Bill stated that USDA shall ‘‘designate (Guidelines) to add 30 sections that will Rural Investment Act of 2002 (the 2002 those items (including finished designate the product categories within Farm Bill), as amended by the Food, products) that are or can be produced which biobased products would be Conservation, and Energy Act of 2008 with biobased products (including afforded procurement preference by (the 2008 Farm Bill), and further biobased products for which there is Federal agencies and their contractors. amended by the Agricultural Act of only a single product or manufacturer in These 30 product categories contain 2014 (the 2014 Farm Bill) and the the category) that will be subject to’’ finished products that are made, in large Agricultural Improvement Act of 2018 Federal preferred procurement, part, from intermediate ingredients that (the 2018 Farm Bill), 7 U.S.C. 8102. ‘‘designate those intermediate have been designated for Federal (Section 9002 of the 2002 Farm Bill, as ingredients and feedstocks that are or procurement preference. Additionally, amended by the 2008, 2014, and 2018 can be used to produce items that will USDA is amending the existing Farm Bills, is referred to in this be subject’’ to Federal preferred designated product categories of general document as ‘‘section 9002’’.) procurement, and ‘‘automatically purpose de-icers, firearm lubricants, designate items composed of laundry products, and water clarifying II. Background [designated] intermediate ingredients agents. As part of the BioPreferred Program, and feedstocks . . . if the content of the DATES: This rule is effective August 5, USDA published, on September 14, designated intermediate ingredients and 2019. 2018, a proposed rule in the Federal feedstocks exceeds 50 percent of the item (unless the Secretary determines a FOR FURTHER INFORMATION CONTACT: Register (FR) for the purpose of different composition percentage is Karen Zhang, USDA, Office of designating a total of 30 product appropriate).’’ Procurement and Property Management, categories for the preferred procurement Room 1640, USDA South Building, 1400 of biobased products by Federal In the proposed rule, USDA proposed Independence Avenue SW, Washington, agencies (referred to hereafter in this FR to designate 30 product categories that DC 20250; email: biopreferred_support@ document as the ‘‘preferred contain finished products made from amecfw.com; phone 919–765–9969. procurement program’’). This proposed biobased intermediate ingredients and Information regarding the Federal rule can be found at 83 FR 46780. feedstocks. USDA also proposed to preferred procurement program (one Section 9002 provides for the amend the existing designated product initiative of the BioPreferred Program) is preferred procurement of biobased categories of general purpose de-icers, available at http:// products by Federal procuring agencies firearm lubricants, laundry products, www.biopreferred.gov. and is referred to hereafter in this and water clarifying agents. Federal Register document as the This final rule designates the SUPPLEMENTARY INFORMATION: The ‘‘Federal preferred procurement proposed product categories within information presented in this preamble program.’’ Under the provisions which biobased products will be is organized as follows: specified in the ‘‘Guidelines for afforded Federal procurement I. Authority Designating Biobased Products for preference. USDA has determined that

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each of the product categories being use the USDA Certified Biobased • Parks and Recreation Products: designated under this rulemaking meets Product label. Products that are certified Playground Surfaces; Running Tracks; the necessary statutory requirements; to display the label must undergo and that they are being produced with biobased content testing by an • Vehicular Products: Re-refined biobased products; and that their independent, third-party testing lab Lubricating Oil. procurement will carry out the using ASTM D6866, ‘‘Standard Test Federal Government Purchase of following objectives of section 9002: To Methods for Determining the Biobased Sustainable Products. The Federal improve demand for biobased products; Content of Solid, Liquid, and Gaseous government’s sustainable purchasing to spur development of the industrial Samples Using Radiocarbon Analysis.’’ program includes the following three base through value-added agricultural These test data are maintained in the mandatory preference programs for processing and manufacturing in rural BioPreferred Program database, and designated products: The BioPreferred communities; and to enhance the their use in setting the minimum Program, the EPA’s CPG program, and Nation’s energy security by substituting biobased content for designated product the Environmentally Preferable biobased products for products derived categories results in a more efficient Purchasing program. The Council on from imported oil and natural gas. process for both the Program and Environmental Quality (CEQ) and the When USDA designates by manufacturers and vendors of products Office of Management and Budget rulemaking a product category for within the product categories. (OMB) encourage agencies to implement preferred procurement under the Overlap with the U.S. Environmental these components comprehensively BioPreferred Program, manufacturers of Protection Agency’s (EPA) when purchasing products and services. all products under the umbrella of that Comprehensive Procurement Guideline Other Federal Preferred Procurement product category that meet the program for recovered content products Programs. Federal procurement officials requirements to qualify for preferred under the Resource Conservation and should also note that many biobased procurement can claim that status for Recovery Act (RCRA) section 6002. products may be available for purchase their products. To qualify for preferred Some of the products that are by Federal agencies through the procurement, a product must be within categorized in biobased product AbilityOne Program (formerly known as a designated product category and must categories that are designated for the Javits-Wagner-O’Day (JWOD) contain at least the minimum biobased Federal preferred procurement under program). Under this program, members content established for the designated the BioPreferred Program may overlap of organizations including the National product category. With the designation with product categories that the U.S. Industries for the Blind (NIB) and of these specific product categories, SourceAmerica (formerly known as the USDA invites the manufacturers and Environmental Protection Agency (EPA) has designated under its Comprehensive National Industries for the Severely vendors of qualifying products to Handicapped) offer products and provide information on the product, Procurement Guideline (CPG) for products containing recovered (or services for preferred procurement by contacts, and performance testing for Federal agencies. posting on its BioPreferred website, recycled) materials. A list of EPA’s CPG Some biobased products that are http://www.biopreferred.gov. Procuring program product categories may be categorized in the product categories of agencies will be able to utilize this found on its website (https:// adhesives; cleaning tools; clothing; de- website as one tool to determine the www.epa.gov/smm/comprehensive- icers; durable cutlery; durable availability of qualifying biobased procurement-guideline-cpg-program) tableware; exterior paints and coatings; products under a designated product and in 40 CFR part 247. In this final feminine care products; folders and category. Once USDA designates a rule, some products that are categorized filing products; gardening supplies and product category, procuring agencies are in the product categories of concrete required generally to purchase biobased curing agents; concrete repair accessories; kitchenware and products within the designated product materials—concrete leveling; concrete accessories; other lubricants; rugs and category where the purchase price of the repair materials—concrete patching; floor mats; and toys and sporting gear procurement product exceeds $10,000 exterior paints and coatings; folders and could be available for purchase in one or where the quantity of such products filing products; other lubricants; or more of the following product playground and athletic surface categories in the AbilityOne Catalog: or of functionally equivalent products • purchased over the preceding fiscal year materials; product packaging; rugs or Cleaning and Janitorial Products, floor mats; shopping and trash bags; soil • Clothing, equaled $10,000 or more. • Subcategorization. In this final rule, amendments; and transmission fluids Furniture, • USDA is subcategorizing one of the may also be categorized in one or more Hardware and Paints, product categories. That product of the following product categories that • Kitchen and Breakroom Supplies, category is concrete repair materials, are designated in EPA’s CPG program: • Mailing and Shipping Supplies, • and the proposed subcategories are: • Construction Products: Cement and Office Supplies, • Concrete leveling and concrete Concrete; Consolidated and Reprocessed Outdoor Supplies, and patching. USDA is also adding a new Latex Paint for Specified Uses; • Skin and Personal Care. subcategory for dryer sheets to the • Landscaping Products: Compost Because additional categories of laundry products product category that Made From Recovered Organic products are frequently added to the was designated previously (73 FR Materials; Fertilizer Made From AbilityOne Program, it is possible that 27994, May 14, 2008). Recovered Organic Materials; biobased products within other product Minimum Biobased Contents. The • categories being designated today may minimum biobased contents being Miscellaneous Products: Mats; be available through the AbilityOne established in this rule are based on • Non-Paper Office Products: Binders, Program in the future. Procurement of products for which USDA has biobased Clipboards, File Folders, Clip Portfolios, biobased products through the content test data. USDA obtains and Presentation Folders; Plastic AbilityOne Program would further the biobased content data in conjunction Envelopes; Plastic Trash Bags; objectives of both the AbilityOne with product manufacturers’ and • Paper Products: Paperboard and Program and the Federal preferred vendors’ applications for certification to Packaging; procurement program.

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Outreach. To augment its own preservation products who would like requirement, accounts for 70 percent of research, USDA consults with industry to participate in the BioPreferred the structure of the rug. Thus, the and Federal stakeholders to the Federal Program to use the product category commenter recommends adding preferred procurement program during ‘‘Wood and Concrete Sealers’’ found in language to clarify that carpet-like rugs the development of the rulemaking § 3201.42. and floor coverings be included in the packages for the designation of product previously designated Carpets category Epoxy Systems categories. USDA consults with rather than in the proposed Rugs and stakeholders to gather information used Comment: One commenter supports Floor Mats category. The commenter in determining the order of product the creation of the Epoxy Systems believes that non-fiber-based chair pads category designation and in identifying category and agrees that biobased or floor mats would not have this issue the following: Manufacturers producing technologies exist that can provide and would be able to meet the 23 and marketing products that are performance properties that meet percent biobased content requirement. categorized within a product category market requirements as well as the Response: USDA reviewed the proposed for designation; performance proposed 23 percent minimum biobased commenter’s suggestions and agreed standards used by Federal agencies content requirement. that it would add clarity to revise the evaluating products to be procured; and Response: USDA thanks the definition. USDA’s intent was not to warranty information used by commenter for their support of the supersede the designated product manufacturers of end-user equipment proposed designation of the Epoxy category ‘‘Carpets’’ (found in § 3201.33) and other products with regard to Systems product category. for products composed of woven, tufted, biobased products. Exterior Paints and Coatings or knitted fiber and a backing system, regardless of whether or not they are III. Discussion of Public Comments Comment: One commenter suggests wall-to-wall carpet products. USDA has USDA solicited comments on the adding performance criteria to the revised the proposed definition to proposed rule for 90 days ending on description for this category. The clarify that products that include November 13, 2018. USDA received five commenter expresses concern that backing systems would fall under the comments by that date. All of the without performance test standards Carpets category rather than the Rugs comments were from manufacturers of associated with the category, higher and Floor Mats category. Loose fiber, biobased products. The comments are performing biobased products with less woven rugs or plastic-type floor mats presented below, along with USDA’s than 83 percent biobased content would will fall under the Rugs and Floor Mats responses, and are shown under the be excluded. category. product categories to which they apply. Response: USDA agrees that some exterior paint and coating products may Traffic and Zone Marking Paints Concrete Repair Materials not meet the 83 percent minimum Comment: One commenter suggests Comment: Two commenters biobased content requirement; however, that the category name be changed to recommend including an additional the data available to USDA show that ‘‘Parking Lot and Road Marking Paints.’’ sub-category under Concrete Repair there are exterior paint and coating The commenter states that while Materials that would include products products that are capable of meeting the ‘‘Traffic and Zone Marking Paints’’ is designed to preserve concrete. The 83 percent minimum. USDA does not common verbiage in the pavement commenters note that the two generally consider performance criteria maintenance industry, the phrase does subcategories that were included in the when establishing product categories. not adequately convey the types of proposed rule, Concrete Repair USDA does give manufacturers an products that might fall into the Materials—Concrete Leveling and opportunity to provide data on category to individuals who are not Concrete Repair Materials—Concrete performance criteria as supplemental overly familiar with the industry, Patching, do not take into consideration information when submitting including federal purchasing agents and products that work to preserve the information about their products. While specifiers. The commenter believes that concrete instead of repairing it. The this information is not considered when changing the category name to ‘‘Parking commenters suggest including a third determining criteria for eligibility to Lot and Road Marking Paints’’ will subcategory called ‘‘Concrete Repair participate in the BioPreferred Program, make it more obvious to specifiers that Materials—Concrete Preservation’’ that performance criteria may be taken into biobased alternatives exist for their would include products that are consideration when determining the parking lot and road marking projects. designed to protect concrete from need to establish subcategories. In the The commenter also suggests changing further deterioration. future, USDA may add subcategories to the minimum biobased content to 32 Response: USDA thanks the the Exterior Paints and Coatings percent rather than the proposed 30 commenters for their suggestions category based on performance criteria percent. regarding an additional subcategory for if the data support this. Response: USDA agrees that finding a the Concrete Repair Materials category. name for a product category that will be USDA agrees that Concrete Repair Rugs and Floor Mats familiar to all users of these types of Materials—Concrete Preservation Comment: One commenter believes products is difficult. Because ‘‘Traffic sounds like a reasonable subcategory. that the proposed minimum biobased and Zone Marking Paints’’ is a common However, the commenters have not content (23 percent) will be extremely phrase used by those in the industry, supplied enough information to difficult to achieve for fiber-based rugs, and it has been used for the Voluntary designate this additional subcategory at runners, and floor mats due to the Labeling initiative for a significant this time. USDA will continue to collect carpet-like structure of these types of period of time, USDA believes this is a information about concrete preservation floor coverings. The commenter states reasonable name for the category. products, and a concrete preservation that the carpet structure of carpet-based Although the name of the product subcategory will be evaluated for rugs, which does not lend itself to be category will not be revised, USDA inclusion in future rulemaking actions. coated with a backing system with agrees that the definition of the category In the meantime, USDA would like to enough biobased formulation to reach can be revised to clarify the types of encourage manufacturers of concrete the 23 percent biobased content products that are included in this

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category. To promote awareness of These products were reformulated and quantitative challenges, USDA relied newly designated product categories, now each contain 59 percent biobased upon a qualitative assessment to USDA prepares ‘‘Fact Sheets’’ content, as measured by ASTM D6866. determine the impacts of this final rule. describing the new designated USDA did not find a reason to exclude 1. Summary of Impacts categories and their definitions and either of these products and has posts this information on the determined that it is reasonable to This final rule is expected to have BioPreferred website so that it is change the minimum biobased content both positive and negative impacts to available to federal purchasing agents. for this category to include these individual businesses, including small Procuring agencies will be able to utilize products. Thus, the minimum biobased businesses. USDA anticipates that the the information available on the website content for this product category is 56 Federal preferred procurement program as one tool to determine and become percent, based on the products with will ultimately provide additional familiar with the categories of products tested biobased content of 59 percent. opportunities for businesses and that are designated for Federal manufacturers to begin supplying procurement preference, as well as the V. Regulatory Information products under the proposed designated availability of qualifying biobased A. Executive Order 12866: Regulatory biobased product categories to Federal products under a designated product Planning and Review and Executive agencies and their contractors. However, category. Order 13563: Improving Regulation and other businesses and manufacturers that USDA did not revise the proposed Regulatory Review supply only non-qualifying products minimum biobased content for this and do not offer biobased alternatives Executive Order 12866, as product category. As discussed in the may experience a decrease in demand supplemented by Executive Order Preamble to the proposed rule, USDA from Federal agencies and their has biobased content data on five traffic 13563, requires agencies to determine contractors. USDA is unable to and zone marking paints, and these whether a regulatory action is determine the number of businesses, products have biobased contents ‘‘significant.’’ The Order defines a including small businesses, that may be ranging from 33 to 38 percent. USDA set ‘‘significant regulatory action’’ as one adversely affected by this final rule. The the minimum for this category based on that is likely to result in a rule that may: final rule, however, will not affect the products with tested biobased (1) Have an annual effect on the existing purchase orders, nor will it contents of 33 percent, taking into economy of $100 million or more or preclude businesses from modifying account the slight imprecision of three adversely affect, in a material way, the their product lines to meet new percentage points in the ASTM D6866 economy, a sector of the economy, requirements for designated biobased test method used to measure biobased productivity, competition, jobs, the products. Because the extent to which content. environment, public health or safety, or procuring agencies will find the State, local, or tribal governments or performance, availability and/or price of IV. Summary of Changes communities; (2) Create a serious biobased products acceptable is After consideration of the public inconsistency or otherwise interfere unknown, it is impossible to quantify comments received in response to the with an action taken or planned by the actual economic effect of the rule. proposed rule, USDA made some another agency; (3) Materially alter the changes in the final rule. These changes budgetary impact of entitlements, 2. Benefits of the Final Rule are summarized below. In the final rule, grants, user fees, or loan programs or the The designation of these product USDA has revised the definitions of the rights and obligations of recipients categories provides the benefits outlined categories Rugs and Floors Mats and thereof; or (4) Raise novel legal or policy in the objectives of section 9002: To Traffic and Zone Marking Paints. These issues arising out of legal mandates, the increase domestic demand for many changes were made to clarify or add President’s priorities, or the principles agricultural commodities that can serve examples of the types of products that set forth in the Executive Order. as feedstocks for production of biobased will be included or excluded in each of This final rule has been determined products and to spur development of these categories. The definition for the by the Office of Management and the industrial base through value-added Rugs and Floor Mats category has been Budget to be not significant for purposes agricultural processing and revised to clarify that products of Executive Order 12866. We are not manufacturing in rural communities. On composed of woven, tufted, or knitted able to quantify the annual economic a national and regional level, this final fiber and a backing system are excluded effect associated with this final rule. rule can result in expanding and from this category as they are already USDA attempted to obtain information strengthening markets for biobased included in the designated product on the Federal agencies’ usage within materials used in these product category ‘‘Carpets.’’ The definition for the proposed new product categories categories. the Traffic and Zone Marking Paints being added and the existing categories category has been revised to clarify the being amended. These efforts were 3. Costs of the Final Rule types of products (and the common largely unsuccessful. Therefore, Like the benefits, the costs of this usages of these products) that would fall attempts to determine the economic final rule have not been quantified. Two into this category for those who may not impacts of this final rule would require types of costs are involved: Costs to be familiar with the traffic and zone estimation of the anticipated market producers of products that will compete marking paint industry. penetration of biobased products based with the preferred products and costs to In addition, USDA has revised the upon many assumptions. In addition, Federal agencies to provide minimum biobased content requirement because agencies have the option of not procurement preference for the for the Folders and Filing Products purchasing products within designated preferred products. Producers of category to account for new data that product categories if price is competing products may face a decrease USDA obtained. After the proposed rule ‘‘unreasonable,’’ the product is not in demand for their products to the was published, USDA obtained new readily available, or the product does extent Federal agencies refrain from biobased content data regarding the not demonstrate necessary performance purchasing their products. However, it products upon which the proposed characteristics, certain assumptions may is not known to what extent this may minimum for this category was set. not be valid. While facing these occur. Pre-award procurement costs for

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Federal agencies may rise minimally as affected by this rulemaking is not the 2012 Business Patterns Geography the contracting officials conduct market expected to be substantial. Area Series data in conjunction, these research to evaluate the performance, The Federal preferred procurement firms owned a total of about 48,532 availability, and price reasonableness of program may decrease opportunities for individual establishments. Thus, the preferred products before making a businesses that manufacture or sell non- average number of establishments per purchase. biobased products or provide company is about 1.15. The 2012 components for the manufacturing of Business Patterns Geography Area B. Regulatory Flexibility Act (RFA) such products. Most manufacturers of Series data also reported that of the The RFA, 5 U.S.C. 601–602, generally non-biobased products within the 48,532 individual establishments, about requires an agency to prepare a product categories being proposed for 48,306 (99.5 percent) had fewer than regulatory flexibility analysis of any rule designation for Federal preferred 500 paid employees. USDA also found subject to notice and comment procurement in this rule are expected to that the average number of paid rulemaking requirements under the be included under the following North employees per firm among these Administrative Procedure Act or any American Industry Classification industries was about 35. Thus, nearly all other statute unless the agency certifies System (NAICS) codes: of the businesses meet the Small that the rule will not have a significant • 314 Textile Product Mills; Business Administration’s definition of economic impact on a substantial • 3169 Other Leather and Allied a small business (less than 500 number of small entities. Small entities Product Manufacturing; employees, in most NAICS categories). include small businesses, small • 32419 Other Petroleum and Coal USDA does not have data on the organizations, and small governmental Products Manufacturing; potential adverse impacts on jurisdictions. • 3255 Paint, Coating, and Adhesive manufacturers of non-biobased products USDA evaluated the potential impacts Manufacturing; within the product categories being of its proposed designation of these • 3256 Soap, Cleaning Compound, designated by this final rule, but product categories to determine whether and Toilet Preparation Manufacturing; believes that the impact will not be its actions would have a significant • 325212 Synthetic Rubber significant. The ratio of the total number impact on a substantial number of small Manufacturing; of companies with USDA Certified entities. Because the Federal preferred • 325998 All Other Miscellaneous Biobased Products that are categorized procurement program established under Chemical Product and Preparation in the product categories included in section 9002 applies only to Federal Manufacturing; this final rule to the total number of agencies and their contractors, small • 325220 Artificial and Synthetic firms with paid employees in each of governmental (city, county, etc.) Fibers and Filaments Manufacturing; the NAICS codes listed above is 0.0038. agencies are not affected. Thus, this • 32611 Plastics Packaging Materials Thus, USDA believes that the number of final rule will not have a significant and Unlaminated Film and Sheet small businesses manufacturing non- economic impact on small governmental Manufacturing; biobased products within these product jurisdictions. • 32614 Polystyrene Foam Product categories and selling significant USDA anticipates that this program Manufacturing; quantities of those products to will affect entities, both large and small, • 32615 Urethane and Other Foam government agencies that would be that manufacture or sell biobased Product (except Polystyrene) affected by this rulemaking to be products. For example, the designation Manufacturing; relatively low. Also, this final rule will of product categories for Federal • 32616 Plastics Bottle not affect existing purchase orders, and preferred procurement will provide Manufacturing; it will not preclude procuring agencies additional opportunities for businesses • 32619 Other Plastics Product from continuing to purchase non- to manufacture and sell biobased Manufacturing; biobased products when biobased products to Federal agencies and their • 3262 Rubber Product products do not meet the availability, contractors. Similar opportunities will Manufacturing; performance, or reasonable price be provided for entities that supply • 3322 Cutlery and Handtool criteria. This final rule will also not biobased materials to manufacturers. Manufacturing; preclude businesses from modifying The intent of section 9002 is largely • 3324 Boiler, Tank, and Shipping their product lines to meet new to stimulate the production of new Container Manufacturing; specifications or solicitation biobased products and to energize • 3328 Coating, Engraving, Heat requirements for these products emerging markets for those products. Treating, and Allied Activities; containing biobased materials. Because the program continues to • 33992 Sporting and Athletic Goods After considering the economic evolve, however, it is unknown how Manufacturing; impacts of this final rule on small many businesses will ultimately be • 33993 Doll, Toy, and Game entities, USDA certifies that this action affected. While USDA has no data on Manufacturing; will not have a significant economic the number of small businesses that may • 33994 Office Supplies (except impact on a substantial number of small choose to develop and market biobased Paper) Manufacturing; entities. products within the product categories • 339994 Broom, Brush, and Mop While not a factor relevant to designated by this rulemaking, the Manufacturing; and determining whether the final rule will number is expected to be small. Because • 339999 All Other Miscellaneous have a significant impact for RFA biobased products represent an Manufacturing. purposes, USDA has concluded that the emerging market for products that are USDA obtained information on these effect of the rule will be to provide alternatives to traditional products with 24 NAICS categories from the U.S. positive opportunities for businesses well-established market shares, only a Census Bureau’s Economic Census engaged in the manufacture of these small percentage of all manufacturers, database. USDA found that in 2012, the biobased products. Purchase and use of large or small, are expected to develop Survey of Business Owners data these biobased products by procuring and market biobased products. Thus, indicate that there were about 42,365 agencies increases demand for these the number of small businesses firms with paid employees within these products and results in private sector manufacturing biobased products 24 NAICS categories. When considering development of new technologies,

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creating business and employment Government and Indian tribes.’’ Thus, § 3201.37 De-Icers. opportunities that enhance local, no further action is required under (a) Definition. Chemical products regional, and national economies. Executive Order 13175. (e.g., salts, fluids) that are designed to C. Executive Order 12630: I. Paperwork Reduction Act aid in the removal of snow and/or ice, Governmental Actions and Interference and/or in the prevention of the buildup With Constitutionally Protected Property In accordance with the Paperwork of snow and/or ice, by lowering the Rights Reduction Act of 1995 (44 U.S.C. 3501 freezing point of water. through 3520), the information * * * * * This final rule has been reviewed in collection under this final rule is (c) Preference compliance dates. No accordance with Executive Order 12630, currently approved under OMB control later than July 6, 2020, procuring Governmental Actions and Interference number 0503–0011. agencies, in accordance with this part, with Constitutionally Protected Property will give a procurement preference for Rights, and does not contain policies J. E-Government Act Compliance qualifying biobased de-icers. By that that would have implications for these USDA is committed to compliance date, Federal agencies responsible for rights. with the E-Government Act, which drafting or reviewing specifications for D. Executive Order 12988: Civil Justice requires Government agencies in general products to be procured shall ensure Reform to provide the public the option of that the relevant specifications require submitting information or transacting This final rule has been reviewed in the use of biobased de-icers. business electronically to the maximum ■ accordance with Executive Order 12988, 3. Section 3201.38 is revised to read extent possible. USDA is implementing Civil Justice Reform. This final rule does as follows: an electronic information system for not preempt State or local laws, is not posting information voluntarily § 3201.38 Firearm cleaners, lubricants, and intended to have retroactive effect, and submitted by manufacturers or vendors protectants. does not involve administrative appeals. on the products they intend to offer for (a) Definition. Products that are E. Executive Order 13132: Federalism Federal preferred procurement under designed to care for firearms by cleaning, lubricating, protecting, or any This final rule does not have each designated product category. For combination thereof. Examples include sufficient federalism implications to information pertinent to E-Government products that are designed for use in warrant the preparation of a Federalism Act compliance related to this rule, firearms to reduce the friction and wear Assessment. Provisions of this final rule please contact Karen Zhang at (202) between the moving parts of a firearm, will not have a substantial direct effect 401–4747. to keep the weapon clean, and/or to on States or their political subdivisions K. Congressional Review Act prevent the formation of deposits that or on the distribution of power and could cause the weapon to jam. responsibilities among the various The Congressional Review Act, 5 (b) Minimum biobased content. The government levels. U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Federal preferred procurement product F. Unfunded Mandates Reform Act of Fairness Act of 1996, generally provides must have a minimum biobased content 1995 that before a rule may take effect, the of at least 32 percent, which shall be This final rule contains no Federal agency promulgating the rule must based on the amount of qualifying mandates under the regulatory submit a rule report, that includes a biobased carbon in the product as a provisions of Title II of the Unfunded copy of the rule, to each House of the percent of the total organic carbon in the Mandates Reform Act of 1995 (UMRA), Congress and to the Comptroller General finished product. 2 U.S.C. 1531–1538, for State, local, and of the United States. USDA has (c) Preference compliance dates. No tribal governments, or the private sector. submitted a report containing this rule later than July 6, 2020, procuring Therefore, a statement under section and other required information to the agencies, in accordance with this part, 202 of UMRA is not required. U.S. Senate, the U.S. House of will give a procurement preference for Representatives, and the Comptroller qualifying biobased firearm cleaners, G. Executive Order 12372: General of the United States prior to lubricants, and protectants. By that date, Intergovernmental Review of Federal publication of the rule in the Federal Federal agencies responsible for drafting Programs Register. or reviewing specifications for products to be procured shall ensure that the For the reasons set forth in the final List of Subjects in 7 CFR Part 3201 rule related notice for 7 CFR part 3015, relevant specifications require the use of subpart V (48 FR 29115, June 24, 1983), Biobased products, Business and biobased firearm cleaners, lubricants, this program is excluded from the scope industry, Government procurement. and protectants. ■ of Executive Order 12372, which For the reasons stated in the 4. Section 3201.40 is amended by requires intergovernmental consultation preamble, the Department of Agriculture adding paragraphs (a)(2)(iii) and (b)(3) with State and local officials. This is amending 7 CFR part 3201 as follows: and revising paragraph (c) to read as program does not directly affect State follows: and local governments. PART 3201—GUIDELINES FOR § 3201.40 Laundry products. H. Executive Order 13175: Consultation DESIGNATING BIOBASED PRODUCTS FOR FEDERAL PROCUREMENT (a) * * * and Coordination With Indian Tribal (2) * * * Governments ■ 1. The authority citation for part 3201 (iii) Dryer sheets. These are small This final rule does not significantly continues to read as follows: sheets that are added to laundry in or uniquely affect ‘‘one or more Indian clothes dryers to eliminate static cling, tribes . . . the relationship between the Authority: 7 U.S.C. 8102. soften fabrics, or otherwise improve the Federal Government and Indian tribes, ■ 2. Section 3201.37 is amended by characteristics of the fabric. or . . . the distribution of power and revising the section heading and (b) * * * responsibilities between the Federal paragraphs (a) and (c) to read as follows: (3) Dryer sheets—90 percent.

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(c) Preference compliance dates. (1) 3201.122 Cleaning tools. must have a minimum biobased content No later than May 14, 2009, procuring 3201.123 Concrete curing agents. of at least 22 percent, which shall be agencies, in accordance with this part, 3201.124 Concrete repair materials. based on the amount of qualifying will give a procurement preference for 3201.125 Durable cutlery. biobased carbon in the product as a 3201.126 Durable tableware. those qualifying biobased laundry 3201.127 Epoxy systems. percent of the total organic carbon in the products specified in paragraphs 3201.128 Exterior paints and coatings. finished product. (a)(2)(i) and (ii) of this section. By that 3201.129 Facial care products. (c) Preference compliance date. No date, Federal agencies that have the 3201.130 Feminine care products. later than July 6, 2020, procuring responsibility for drafting or reviewing 3201.131 Fire logs and fire starters. agencies, in accordance with this part, specifications for items to be procured 3201.132 Folders and filing products. will give a procurement preference for shall ensure that the relevant 3201.133 Foliar sprays. qualifying biobased animal habitat care specifications require the use of 3201.134 Gardening supplies and products. By that date, Federal agencies biobased laundry products. accessories. responsible for drafting or reviewing (2) No later than July 6, 2020, 3201.135 Heating fuels and wick lamps. specifications for products to be 3201.136 Kitchenware and accessories. procuring agencies, in accordance with 3201.137 Other lubricants. procured shall ensure that the relevant this part, will give a procurement 3201.138 Phase change materials. specifications require the use of preference for those qualifying biobased 3201.139 Playground and athletic surface biobased animal habitat care products. laundry products specified in paragraph materials. (a)(2)(iii) of this section. By that date, 3201.140 Powder coatings. § 3201.122 Cleaning tools. Federal agencies responsible for drafting 3201.141 Product packaging. (a) Definition. Cleaning tools are or reviewing specifications for products 3201.142 Rugs and floor mats. objects that are used to clean a variety to be procured shall ensure that the 3201.143 Shopping and trash bags. of surfaces or items and can be used relevant specifications require the use of 3201.144 Soil amendments. multiple times. This category includes 3201.145 Surface guards, molding, and biobased laundry products. tools such as brushes, scrapers, abrasive trim. pads, and gloves that are used for ■ 5. Section 3201.99 is revised to read 3201.146 Toys and sporting gear. cleaning. The expendable materials as follows: 3201.147 Traffic and zone marking paints. 3201.148 Transmission fluids. used in cleaning, such as glass cleaners, § 3201.99 Water and wastewater treatment 3201.149 Wall coverings. single-use wipes, and all-purpose chemicals. cleaners, are excluded from this (a) Definition. Chemicals that are § 3201.120 Adhesives. category, as these materials better fit in specifically formulated to purify raw (a) Definition. Adhesives are other categories. water or to treat and purify wastewater compounds that temporarily or (b) Minimum biobased content. The from residential, commercial, industrial, permanently bind two item surfaces Federal preferred procurement product and agricultural systems. Examples together. These products include glues must have a minimum biobased content include coagulants, flocculants, and sticky tapes used in construction, of at least 22 percent, which shall be neutralizing agents, activated carbon, or household, flooring, and industrial based on the amount of qualifying defoamers. This category excludes settings. This category excludes epoxy biobased carbon in the product as a microbial cleaning products. systems. percent of the total organic carbon in the (b) Minimum biobased content. The (b) Minimum biobased content. The finished product. Federal preferred procurement product Federal preferred procurement product (c) Preference compliance date. No must have a minimum biobased content must have a minimum biobased content later than July 6, 2020, procuring of at least 87 percent, which shall be of at least 24 percent, which shall be agencies, in accordance with this part, based on the amount of qualifying based on the amount of qualifying will give a procurement preference for biobased carbon in the product as a biobased carbon in the product as a qualifying biobased cleaning tools. By percent of the total organic carbon in the percent of the total organic carbon in the that date, Federal agencies responsible finished product. finished product. for drafting or reviewing specifications (c) Preference compliance date. No (c) Preference compliance date. No for products to be procured shall ensure later than July 6, 2020, procuring later than July 6, 2020, procuring that the relevant specifications require agencies, in accordance with this part, agencies, in accordance with this part, the use of biobased cleaning tools. will give a procurement preference for will give a procurement preference for § 3201.123 Concrete curing agents. qualifying biobased water and qualifying biobased adhesives. By that wastewater treatment chemicals. By that date, Federal agencies responsible for (a) Definition. Concrete curing agents date, Federal agencies responsible for drafting or reviewing specifications for are products that are designed to drafting or reviewing specifications for products to be procured shall ensure enhance and control the curing process products to be procured shall ensure that the relevant specifications require of concrete. that the relevant specifications require the use of biobased adhesives. (b) Minimum biobased content. The the use of biobased water and Federal preferred procurement product § 3201.121 Animal habitat care products. wastewater treatment chemicals. must have a minimum biobased content (a) Definition. Animal habitat care of at least 59 percent, which shall be ■ 6. Add §§ 3201.120 through 3201.149 products are products that are intended based on the amount of qualifying to subpart B to read as follows: to improve the quality of animal biobased carbon in the product as a Subpart B—Designated Product habitats such as cleaning supplies, percent of the total organic carbon in the Categories and Intermediate sanitizers, feeders, and products that finished product. Ingredients or Feedstocks control, mask, or suppress pet odors. (c) Preference compliance date. No This category excludes animal bedding later than July 6, 2020, procuring Sec. or litter products and animal cleaning agencies, in accordance with this part, * * * * * products. will give a procurement preference for 3201.120 Adhesives. (b) Minimum biobased content. The qualifying biobased concrete curing 3201.121 Animal habitat care products. Federal preferred procurement product agents. By that date, Federal agencies

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responsible for drafting or reviewing carbon in the product as a percent of the percent of the total organic carbon in the specifications for products to be total organic carbon in the finished finished product. procured shall ensure that the relevant product. The applicable minimum (c) Preference compliance date. No specifications require the use of biobased contents are: later than July 6, 2020, procuring biobased concrete curing agents. (1) Concrete repair materials— agencies, in accordance with this part, (d) Determining overlap with a concrete leveling—23 percent. will give a procurement preference for designated product category in the (2) Concrete repair materials— qualifying biobased durable cutlery. By EPA’s Comprehensive Procurement concrete patching—69 percent. that date, Federal agencies responsible Guideline (CPG) program. Qualifying (c) Preference compliance date. No for drafting or reviewing specifications products within this product category later than July 6, 2020, procuring for products to be procured shall ensure may overlap with the EPA’s CPG- agencies, in accordance with this part, that the relevant specifications require designated recovered content product will give a procurement preference for the use of biobased durable cutlery. category of Construction Products: qualifying biobased concrete repair Cement and Concrete. USDA is materials. By that date, Federal agencies § 3201.126 Durable tableware. requesting that manufacturers of these responsible for drafting or reviewing (a) Definition. Durable tableware qualifying biobased products provide specifications for products to be consists of multiple-use drinkware and information on the BioPreferred procured shall ensure that the relevant dishware including cups, plates, bowls, Program’s website about the intended specifications require the use of and serving platters. uses of the product, information on biobased concrete repair materials. (b) Minimum biobased content. The whether the product contains any (d) Determining overlap with a Federal preferred procurement product recovered material, in addition to designated product category in the must have a minimum biobased content biobased ingredients, and performance EPA’s CPG program. Qualifying of at least 28 percent, which shall be standards against which the product has products within this product category based on the amount of qualifying been tested. This information will assist may overlap with the EPA’s CPG- biobased carbon in the product as a Federal agencies in determining designated recovered content product percent of the total organic carbon in the whether a qualifying biobased product category of Construction Products: finished product. overlaps with the EPA’s CPG-designated Cement and Concrete. USDA is (c) Preference compliance date. No product category of Construction requesting that manufacturers of these later than July 6, 2020, procuring Products: Cement and Concrete and qualifying biobased products provide agencies, in accordance with this part, which product should be afforded the information on the BioPreferred will give a procurement preference for preference in purchasing. Program’s website about the intended qualifying biobased durable tableware. uses of the product, information on By that date, Federal agencies Note 1 to Paragraph (d): Concrete curing responsible for drafting or reviewing agents within this designated product whether the product contains any category can compete with similar concrete recovered material, in addition to specifications for products to be curing agents with recycled content. Under biobased ingredients, and performance procured shall ensure that the relevant the Resource Conservation and Recovery Act standards against which the product has specifications require the use of of 1976, section 6002, the U.S. been tested. This information will assist biobased durable tableware. Environmental Protection Agency CPG- Federal agencies in determining § 3201.127 Epoxy systems. designated Construction Products: Cement whether a qualifying biobased product and Concrete containing recovered materials (a) Definition. Epoxy systems are two- overlaps with the EPA’s CPG-designated as products for which Federal agencies must component systems that are epoxy- product category of Construction give preference in their purchasing programs. based and are used as coatings, Products: Cement and Concrete and The designation can be found in the adhesives, surface fillers, and composite which product should be afforded the Comprehensive Procurement Guideline, 40 matrices. CFR 247.12. preference in purchasing. (b) Minimum biobased content. The Note 1 to Paragraph (d): Concrete repair Federal preferred procurement product § 3201.124 Concrete repair materials. materials within this designated product must have a minimum biobased content (a) Definition. (1) Products that are category can compete with similar concrete of at least 23 percent, which shall be designed to repair cracks and other repair materials with recycled content. Under based on the amount of qualifying the Resource Conservation and Recovery Act damage to concrete. biobased carbon in the product as a (2) Concrete repair materials for of 1976, section 6002, the U.S. Environmental Protection Agency CPG- percent of the total organic carbon in the which preferred procurement applies designated Construction Products: Cement finished product. are: and Concrete containing recovered materials (c) Preference compliance date. No (i) Concrete repair materials— as products for which Federal agencies must later than July 6, 2020, procuring concrete leveling. Concrete repair give preference in their purchasing programs. agencies, in accordance with this part, materials—concrete leveling are The designation can be found in the will give a procurement preference for products that are designed to repair Comprehensive Procurement Guideline, 40 qualifying biobased epoxy systems. By cracks and other damage to concrete by CFR 247.12. that date, Federal agencies responsible raising or stabilizing concrete. for drafting or reviewing specifications (ii) Concrete repair materials— § 3201.125 Durable cutlery. for products to be procured shall ensure concrete patching. Concrete repair (a) Definition. Durable cutlery consists that the relevant specifications require materials—concrete patching are of dining utensils that are designed to be the use of biobased epoxy systems. products that are designed to repair used multiple times. cracks and other damage to concrete by (b) Minimum biobased content. The § 3201.128 Exterior paints and coatings. filling and patching the concrete. Federal preferred procurement product (a) Definition. Exterior paints and (b) Minimum biobased content. The must have a minimum biobased content coatings are pigmented liquid products minimum biobased content for all of at least 28 percent, which shall be that typically contain pigments to add concrete repair materials shall be based based on the amount of qualifying color and are formulated for use on on the amount of qualifying biobased biobased carbon in the product as a outdoor surfaces. When these products

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dry, they typically form a protective § 3201.129 Facial care products. must have a minimum biobased content layer and provide a coat of color to the (a) Definition. Facial care products are of at least 92 percent, which shall be applied surface. This category includes cleansers, moisturizers, and treatments based on the amount of qualifying paint and primers but excludes wood specifically designed for the face. These biobased carbon in the product as a and concrete sealers and stains and products are used to care for the percent of the total organic carbon in the specialty coatings such as roof coatings, condition of the face by supporting skin finished product. wastewater system coatings, and water integrity, enhancing its appearance, and (c) Preference compliance date. No tank coatings. relieving skin conditions. This category later than July 6, 2020, procuring (b) Minimum biobased content. The does not include tools and applicators, agencies, in accordance with this part, Federal preferred procurement product such as those used to apply facial care will give a procurement preference for must have a minimum biobased content products. qualifying biobased fire logs and fire of at least 83 percent, which shall be (b) Minimum biobased content. The starters. By that date, Federal agencies based on the amount of qualifying Federal preferred procurement product responsible for drafting or reviewing biobased carbon in the product as a must have a minimum biobased content specifications for products to be percent of the total organic carbon in the of at least 88 percent, which shall be procured shall ensure that the relevant finished product. based on the amount of qualifying specifications require the use of (c) Preference compliance date. No biobased carbon in the product as a biobased fire logs and fire starters. later than July 6, 2020, procuring percent of the total organic carbon in the § 3201.132 Folders and filing products. agencies, in accordance with this part, finished product. (c) Preference compliance date. No (a) Definition. Folders and filing will give a procurement preference for products are products that are designed qualifying biobased exterior paints and later than July 6, 2020, procuring agencies, in accordance with this part, to hold together items such as loose coatings. By that date, Federal agencies sheets of paper, documents, and will give a procurement preference for responsible for drafting or reviewing photographs with clasps, fasteners, qualifying biobased facial care products. specifications for products to be rings, or folders. This category includes By that date, Federal agencies procured shall ensure that the relevant binders, folders, and document covers. responsible for drafting or reviewing specifications require the use of (b) Minimum biobased content. The specifications for products to be biobased exterior paints and coatings. Federal preferred procurement product procured shall ensure that the relevant (d) Determining overlap with a must have a minimum biobased content specifications require the use of designated product category in the of at least 56 percent, which shall be biobased facial care products. EPA’s CPG program. Qualifying based on the amount of qualifying products within this product category § 3201.130 Feminine care products. biobased carbon in the product as a may overlap with the EPA’s CPG- (a) Definition. Feminine care products percent of the total organic carbon in the designated recovered content product are products that are designed for finished product. category of Construction Products: maintaining feminine health and (c) Preference compliance date. No Consolidated and Reprocessed Latex hygiene. This category includes sanitary later than July 6, 2020, procuring Paint for Specified Uses. USDA is napkins, panty liners, and tampons. agencies, in accordance with this part, requesting that manufacturers of these (b) Minimum biobased content. The will give a procurement preference for qualifying biobased products provide Federal preferred procurement product qualifying biobased folders and filing information on the BioPreferred must have a minimum biobased content products. By that date, Federal agencies Program’s website about the intended of at least 65 percent, which shall be responsible for drafting or reviewing uses of the product, information on based on the amount of qualifying specifications for products to be whether the product contains any biobased carbon in the product as a procured shall ensure that the relevant recovered material, in addition to percent of the total organic carbon in the specifications require the use of biobased ingredients, and performance finished product. biobased folders and filing products. standards against which the product has (c) Preference compliance date. No (d) Determining overlap with a been tested. This information will assist later than July 6, 2020, procuring designated product category in the Federal agencies in determining agencies, in accordance with this part, EPA’s CPG program. Qualifying whether a qualifying biobased product will give a procurement preference for products within this product category overlaps with the EPA’s CPG-designated qualifying biobased feminine care may overlap with the EPA’s CPG- product category of Construction products. By that date, Federal agencies designated recovered content product Products: Consolidated and Reprocessed responsible for drafting or reviewing categories of Non-Paper Office Products: Latex Paint for Specified Uses and specifications for products to be Binders, Clipboards, File Folders, Clip which product should be afforded the procured shall ensure that the relevant Portfolios, and Presentation Folders and preference in purchasing. specifications require the use of Non-Paper Office Products: Plastic Note 1 to Paragraph (d): Exterior paints biobased feminine care products. Envelopes. USDA is requesting that and coatings within this designated product manufacturers of these qualifying category can compete with similar exterior § 3201.131 Fire logs and fire starters. biobased products provide information paints and coatings with recycled content. (a) Definition. Fire logs and fire on the BioPreferred Program’s website Under the Resource Conservation and starters are devices or substances that about the intended uses of the product, Recovery Act of 1976, section 6002, the U.S. are used to start a fire intended for uses information on whether the product Environmental Protection Agency CPG- such as comfort heat, decoration, or contains any recovered material, in designated Construction Products: cooking. Examples include fire logs and addition to biobased ingredients, and Consolidated and Reprocessed Latex Paint lighter fluid. This category excludes performance standards against which for Specified Uses containing recovered materials as products for which Federal heating fuels for chafing dishes, the product has been tested. This agencies must give preference in their beverage urns, warming boxes, and wick information will assist Federal agencies purchasing programs. The designation can be lamps. in determining whether a qualifying found in the Comprehensive Procurement (b) Minimum biobased content. The biobased product overlaps with the Guideline, 40 CFR 247.12. Federal preferred procurement product EPA’s CPG-designated product

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categories of Non-Paper Office Products: based on the amount of qualifying (b) Minimum biobased content. The Binders, Clipboards, File Folders, Clip biobased carbon in the product as a Federal preferred procurement product Portfolios, and Presentation Folders and percent of the total organic carbon in the must have a minimum biobased content Non-Paper Office Products: Plastic finished product. of at least 22 percent, which shall be Envelopes and which product should be (c) Preference compliance date. No based on the amount of qualifying afforded the preference in purchasing. later than July 6, 2020, procuring biobased carbon in the product as a Note 1 to Paragraph (d): Biobased folders agencies, in accordance with this part, percent of the total organic carbon in the and filing products within this designated will give a procurement preference for finished product. product category can compete with similar qualifying biobased gardening supplies (c) Preference compliance date. No folders and filing products with recycled and accessories. By that date, Federal later than July 6, 2020, procuring content. Under the Resource Conservation agencies responsible for drafting or agencies, in accordance with this part, and Recovery Act of 1976, section 6002, the reviewing specifications for products to will give a procurement preference for U.S. Environmental Protection Agency CPG- be procured shall ensure that the qualifying biobased kitchenware and designated Non-Paper Office Products: relevant specifications require the use of accessories. By that date, Federal Binders, Clipboards, File Folders, Clip biobased gardening supplies and agencies responsible for drafting or Portfolios, and Presentation Folders and Non- accessories. reviewing specifications for products to Paper Office Products: Plastic Envelopes be procured shall ensure that the containing recovered materials as products § 3201.135 Heating fuels and wick lamps. for which Federal agencies must give relevant specifications require the use of preference in their purchasing programs. The (a) Definition. Heating fuels and wick biobased kitchenware and accessories. lamps are products that create designation can be found in the § 3201.137 Other lubricants. Comprehensive Procurement Guideline, 40 controlled sources of heat or sustain CFR 247.16. controlled open flames that are used for (a) Definition. Other lubricants are warming food, portable stoves, beverage lubricant products that do not fit into § 3201.133 Foliar sprays. urns, or fondue pots. This category also any of the BioPreferred Program’s (a) Definition. Foliar sprays are includes wick lamps and their fuels that specific lubricant categories. This products that are applied to the leaves create controlled sources of light category includes lubricants that are of plants and provide plants with indoors and in camping or emergency formulated for specialized uses. nutrients. These products may also preparedness situations. This category Examples of other lubricants include repair plants from previous pest attacks. excludes fire logs and fire starters and lubricants used for sporting or exercise Examples include liquid fertilizers, candles and wax melts. gear and equipment, musical foliar feeds, and micronutrient (b) Minimum biobased content. The instruments, and specialized equipment solutions. Federal preferred procurement product such as tree shakers. This category (b) Minimum biobased content. The must have a minimum biobased content excludes lubricants that are covered by Federal preferred procurement product of at least 75 percent, which shall be the specific lubricant categories such as must have a minimum biobased content based on the amount of qualifying chain and cable lubricants, firearm of at least 50 percent, which shall be biobased carbon in the product as a lubricants, forming lubricants, gear based on the amount of qualifying percent of the total organic carbon in the lubricants, multi-purpose lubricants, biobased carbon in the product as a finished product. penetrating lubricants, pneumatic percent of the total organic carbon in the (c) Preference compliance date. No equipment lubricants, and slide way finished product. later than July 6, 2020, procuring lubricants. (c) Preference compliance date. No agencies, in accordance with this part, (b) Minimum biobased content. The later than July 6, 2020, procuring will give a procurement preference for Federal preferred procurement product agencies, in accordance with this part, qualifying biobased heating fuels and must have a minimum biobased content will give a procurement preference for wick lamps. By that date, Federal of at least 39 percent, which shall be qualifying biobased foliar sprays. By agencies responsible for drafting or based on the amount of qualifying that date, Federal agencies responsible reviewing specifications for products to biobased carbon in the product as a for drafting or reviewing specifications be procured shall ensure that the percent of the total organic carbon in the for products to be procured shall ensure relevant specifications require the use of finished product. that the relevant specifications require biobased heating fuels and wick lamps. (c) Preference compliance date. No the use of biobased foliar sprays. later than July 6, 2020, procuring § 3201.136 Kitchenware and accessories. agencies, in accordance with this part, § 3201.134 Gardening supplies and (a) Definition. Kitchenware and will give a procurement preference for accessories. accessories are products designed for qualifying biobased other lubricants. By (a) Definition. Gardening supplies and food or drink preparation. These that date, Federal agencies responsible accessories are products that are used to products include cookware and for drafting or reviewing specifications grow plants in outdoor and indoor bakeware, such as baking cups, cookie for products to be procured shall ensure settings. Examples include seedling sheets, parchment paper, and roasting that the relevant specifications require starter trays, nonwoven mats or bags or pans; cooking utensils, such as the use of biobased other lubricants. substrates for hydroponics, and flower brushes, tongs, spatulas, and ladles; and (d) Determining overlap with a or plant pots. This category excludes food preparation items, such as cutting designated product category in the compost activators and accelerators; boards, measuring cups, mixing bowls, EPA’s CPG program. Qualifying erosion control materials; fertilizers, coffee filters, food preparation gloves, products within this product category including soil inoculants; foliar sprays; and sandwich and snack bags. These may overlap with the EPA’s CPG- mulch and compost materials; and soil products exclude kitchen appliances, designated recovered content product amendments. such as toasters, blenders, and coffee category of Vehicular Products: Re- (b) Minimum biobased content. The makers; disposable tableware; Refined Lubricating Oil. USDA is Federal preferred procurement product disposable cutlery; disposable requesting that manufacturers of these must have a minimum biobased content containers; durable tableware; durable qualifying biobased products provide of at least 43 percent, which shall be cutlery; and cleaning tools. information on the BioPreferred

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Program’s website about the intended materials that are applied to the surfaces give preference in their purchasing programs uses of the product, information on of playgrounds, athletic fields, and other for the U.S. Environmental Protection whether the product contains any sports surfaces to enhance or change the Agency’s CPG-designated product categories recovered material, in addition to color or general appearance of the of Parks and Recreation Products: Playground Surfaces and Running Tracks containing biobased ingredients, and performance surface and to provide safety and/or recovered materials as products. The standards against which the product has performance benefits. Such materials designation can be found in the been tested. This information will assist include, but are not limited to, top Comprehensive Procurement Guideline, 40 Federal agencies in determining coatings, primers, line marking paints, CFR 247.10. whether a qualifying biobased product and rubberized pellets that are used on overlaps with the EPA’s CPG-designated athletic courts, tracks, natural or § 3201.140 Powder coatings. product category of Vehicular Products: artificial turf, and other playing (a) Definition. Powder coatings are Re-Refined Lubricating Oil and which surfaces. This category does not include polymer resin systems that are product should be afforded the the artificial turf or surface itself, as that combined with stabilizers, curatives, preference in purchasing. is included in the carpets product pigments, and other additives and Note 1 to Paragraph (d): Other lubricants category. ground into a powder. These coatings within this designated product category can (b) Minimum biobased content. The are applied electrostatically to metallic compete with similar other lubricants with Federal preferred procurement product surfaces and then cured under heat. recycled content. According to the Resource must have a minimum biobased content Powder coatings are typically used for Conservation and Recovery Act of 1976, of at least 22 percent, which shall be coating metals, such as vehicle and section 6002, Federal agencies must give based on the amount of qualifying bicycle parts, household appliances, preference in their purchasing programs for biobased carbon in the product as a the U.S. Environmental Protection Agency’s and aluminum extrusions. CPG-designated Vehicular Products: Re- percent of the total organic carbon in the (b) Minimum biobased content. The Refined Lubricating Oil containing recovered finished product. Federal preferred procurement product materials as products. The designation can be (c) Preference compliance date. No must have a minimum biobased content found in the Comprehensive Procurement later than July 6, 2020, procuring of at least 34 percent, which shall be Guideline, 40 CFR 247.11. agencies, in accordance with this part, based on the amount of qualifying will give a procurement preference for biobased carbon in the product as a § 3201.138 Phase change materials. qualifying biobased playground and percent of the total organic carbon in the (a) Definition. Phase change materials athletic surface materials. By that date, finished product. are products that are capable of Federal agencies responsible for drafting (c) Preference compliance date. No absorbing and releasing large amounts or reviewing specifications for products later than July 6, 2020, procuring of thermal energy by freezing and to be procured shall ensure that the agencies, in accordance with this part, thawing at certain temperatures. Heat is relevant specifications require the use of will give a procurement preference for absorbed or released when the material biobased playground and athletic qualifying biobased powder coatings. By changes from solid to liquid and vice surface materials. that date, Federal agencies responsible versa. Applications may include, but are (d) Determining overlap with a for drafting or reviewing specifications not limited to, conditioning of designated product category in the for products to be procured shall ensure buildings, medical applications, thermal EPA’s CPG program. Qualifying that the relevant specifications require energy storage, or cooling of food. products within this product category the use of biobased powder coatings. Materials such as animal fats and plant may overlap with the EPA’s CPG- § 3201.141 Product packaging. oils that melt at desirable temperatures designated recovered content product are typically used to make products in categories of Parks and Recreation (a) Definition. Product packaging this category. Products: Playground Surfaces and items are used to protect, handle, and (b) Minimum biobased content. The Running Tracks. USDA is requesting retain a product during activities related Federal preferred procurement product that manufacturers of these qualifying but not limited to its storage, must have a minimum biobased content biobased products provide information distribution, sale, and use. These of at least 71 percent, which shall be on the BioPreferred Program’s website containers are typically designed to be based on the amount of qualifying about the intended uses of the product, used once. This category excludes biobased carbon in the product as a information on whether the product packing and insulating materials and percent of the total organic carbon in the contains any recovered material, in shopping and trash bags. finished product. addition to biobased ingredients, and (b) Minimum biobased content. The (c) Preference compliance date. No performance standards against which Federal preferred procurement product later than July 6, 2020, procuring the product has been tested. This must have a minimum biobased content agencies, in accordance with this part, information will assist Federal agencies of at least 25 percent, which shall be will give a procurement preference for in determining whether a qualifying based on the amount of qualifying qualifying biobased phase change biobased product overlaps with the biobased carbon in the product as a materials. By that date, Federal agencies EPA’s CPG-designated product percent of the total organic carbon in the responsible for drafting or reviewing categories of Parks and Recreation finished product. specifications for products to be Products: Playground Surfaces and (c) Preference compliance date. No procured shall ensure that the relevant Running Tracks and which product later than July 6, 2020, procuring specifications require the use of should be afforded the preference in agencies, in accordance with this part, biobased phase change materials. purchasing. will give a procurement preference for qualifying biobased product packaging. § 3201.139 Playground and athletic Note 1 to Paragraph (d): Playground and By that date, Federal agencies surface materials. athletic surface materials within this responsible for drafting or reviewing designated product category can compete (a) Definition. Playground and athletic with similar playground and athletic surface specifications for products to be surface materials are products that are materials with recycled content. According to procured shall ensure that the relevant designed for use on playgrounds and the Resource Conservation and Recovery Act specifications require the use of athletic surfaces. Examples include of 1976, section 6002, Federal agencies must biobased product packaging.

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(d) Determining overlap with a specifications require the use of procured shall ensure that the relevant designated product category in the biobased rugs and floor mats. specifications require the use of EPA’s CPG program. Qualifying (d) Determining overlap with a biobased shopping and trash bags. products within this product category designated product category in the (d) Determining overlap with a may overlap with the EPA’s CPG- EPA’s CPG program. Qualifying designated product category in the designated recovered content product products within this product category EPA’s CPG program. Qualifying category of Paper Products: Paperboard may overlap with the EPA’s CPG- products within this product category and Packaging. USDA is requesting that designated recovered content product may overlap with the EPA’s CPG- manufacturers of these qualifying category of Miscellaneous Products: designated recovered content product biobased products provide information Mats. USDA is requesting that category of Non-Paper Office Products: on the BioPreferred Program’s website manufacturers of these qualifying Plastic Trash Bags. USDA is requesting about the intended uses of the product, biobased products provide information that manufacturers of these qualifying information on whether the product on the BioPreferred Program’s website biobased products provide information contains any recovered material, in about the intended uses of the product, on the BioPreferred Program’s website addition to biobased ingredients, and information on whether the product about the intended uses of the product, performance standards against which contains any recovered material, in information on whether the product the product has been tested. This addition to biobased ingredients, and contains any recovered material, in information will assist Federal agencies performance standards against which addition to biobased ingredients, and in determining whether a qualifying the product has been tested. This performance standards against which biobased product overlaps with the information will assist Federal agencies the product has been tested. This EPA’s CPG-designated product category in determining whether a qualifying information will assist Federal agencies of Paper Products: Paperboard and biobased product overlaps with the in determining whether a qualifying Packaging and which product should be EPA’s CPG-designated product category biobased product overlaps with the afforded the preference in purchasing. of Miscellaneous Products: Mats and EPA’s CPG-designated product category of Non-Paper Office Products: Trash Note 1 to Paragraph (d): Product packaging which product should be afforded the preference in purchasing. Bags and which product should be within this designated product category can afforded the preference in purchasing. compete with similar product packaging with Note 1 to Paragraph (d): Rugs and floor recycled content. Under the Resource mats within this designated product category Note 1 to Paragraph (d): Shopping and Conservation and Recovery Act of 1976, can compete with similar rugs or floor mats trash bags within this designated product section 6002, the U.S. Environmental with recycled content. Under the Resource category can compete with similar shopping Protection Agency CPG-designated Paper Conservation and Recovery Act of 1976, and trash bags with recycled content. Under Products: Paperboard and Packaging section 6002, the U.S. Environmental the Resource Conservation and Recovery Act containing recovered materials as products Protection Agency CPG-designated of 1976, section 6002, the U.S. for which Federal agencies must give Miscellaneous Products: Mats containing Environmental Protection Agency CPG- preference in their purchasing programs. The recovered materials as products for which designated Non-Paper Office Products: Trash designation can be found in the Federal agencies must give preference in Bags containing recovered materials as Comprehensive Procurement Guideline, 40 their purchasing programs. The designation products for which Federal agencies must give preference in their purchasing programs. CFR 247.10. can be found in the Comprehensive The designation can be found in the Procurement Guideline, 40 CFR 247.17. Comprehensive Procurement Guideline, 40 § 3201.142 Rugs and floor mats. CFR 247.17. (a) Definition. Rugs or floor mats are § 3201.143 Shopping and trash bags. floor coverings that are used for (a) Definition. Shopping and trash § 3201.144 Soil amendments. decorative or ergonomic purposes and bags are open-ended bags that are (a) Definition. Soil amendments are that are not attached to the floor. This typically made of thin, flexible film and materials that enhance the physical category includes items such as area are used for containing and transporting characteristics of soil through improving rugs, rug runners, chair mats, and items such as consumer goods and water retention or drainage, improving bathroom and kitchen mats. This waste. Examples include trash bags, can nutrient cycling, promoting microbial category excludes products composed of liners, shopping or grocery bags, pet growth, or changing the soil’s pH. This woven, tufted, or knitted fiber and a waste bags, compost bags, and yard category excludes foliar sprays and backing system because these products waste bags. This category does not chemical fertilizers. fall under the ‘‘Carpets’’ product include product packaging, disposable (b) Minimum biobased content. The category. containers, or semi-durable and non- Federal preferred procurement product (b) Minimum biobased content. The durable films. must have a minimum biobased content Federal preferred procurement product (b) Minimum biobased content. The of at least 72 percent, which shall be must have a minimum biobased content Federal preferred procurement product based on the amount of qualifying of at least 23 percent, which shall be must have a minimum biobased content biobased carbon in the product as a based on the amount of qualifying of at least 22 percent, which shall be percent of the total organic carbon in the biobased carbon in the product as a based on the amount of qualifying finished product. percent of the total organic carbon in the biobased carbon in the product as a (c) Preference compliance date. No finished product. percent of the total organic carbon in the later than July 6, 2020, procuring (c) Preference compliance date. No finished product. agencies, in accordance with this part, later than July 6, 2020, procuring (c) Preference compliance date. No will give a procurement preference for agencies, in accordance with this part, later than July 6, 2020, procuring qualifying biobased soil amendments. will give a procurement preference for agencies, in accordance with this part, By that date, Federal agencies qualifying biobased rugs and floor mats. will give a procurement preference for responsible for drafting or reviewing By that date, Federal agencies qualifying biobased shopping and trash specifications for products to be responsible for drafting or reviewing bags. By that date, Federal agencies procured shall ensure that the relevant specifications for products to be responsible for drafting or reviewing specifications require the use of procured shall ensure that the relevant specifications for products to be biobased soil amendments.

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(d) Determining overlap with a qualifying biobased surface guards, biobased traffic and zone marking designated product category in the molding, and trim. By that date, Federal paints. EPA’s CPG program. Qualifying agencies responsible for drafting or products within this product category reviewing specifications for products to § 3201.148 Transmission fluids. may overlap with the EPA’s CPG- be procured shall ensure that the (a) Definition. Transmission fluids are designated recovered content product relevant specifications require the use of liquids that lubricate and cool the categories of Landscaping Products: biobased surface guards, molding, and moving parts in a transmission to Compost Made From Recovered Organic trim. prevent wearing and to ensure smooth Materials and Landscaping Products: performance. Fertilizer Made From Recovered § 3201.146 Toys and sporting gear. Organic Materials. USDA is requesting (a) Definition. Toys and sporting gear (b) Minimum biobased content. The that manufacturers of these qualifying are products that are designed for Federal preferred procurement product biobased products provide information indoor or outdoor recreational use must have a minimum biobased content on the BioPreferred Program’s website including, but not limited to, toys; of at least 60 percent, which shall be about the intended uses of the product, games; and sporting equipment and based on the amount of qualifying information on whether the product accessories such as balls, bats, racquets, biobased carbon in the product as a contains any recovered material, in nets, and bicycle seats. This category percent of the total organic carbon in the addition to biobased ingredients, and does not include products such as finished product. performance standards against which cleaners, lubricants, and oils that are (c) Preference compliance date. No the product has been tested. This used to maintain or clean toys and later than July 6, 2020, procuring information will assist Federal agencies sporting gear. agencies, in accordance with this part, in determining whether a qualifying (b) Minimum biobased content. The will give a procurement preference for biobased product overlaps with the Federal preferred procurement product qualifying biobased transmission fluids. EPA’s CPG-designated product must have a minimum biobased content By that date, Federal agencies categories Landscaping Products: of at least 32 percent, which shall be responsible for drafting or reviewing Compost Made From Recovered Organic based on the amount of qualifying specifications for products to be Materials and Landscaping Products: biobased carbon in the product as a procured shall ensure that the relevant Fertilizer Made From Recovered percent of the total organic carbon in the specifications require the use of Organic Materials and which product finished product. biobased transmission fluids. should be afforded the preference in (c) Preference compliance date. No (d) Determining overlap with a purchasing. later than July 6, 2020, procuring designated product category in the agencies, in accordance with this part, Note 1 to Paragraph (d): Soil amendments EPA’s CPG program. Qualifying will give a procurement preference for within this designated product category can products within this product category compete with similar soil amendments with qualifying biobased toys and sporting may overlap with the EPA’s CPG- recycled content. Under the Resource gear. By that date, Federal agencies designated recovered content product Conservation and Recovery Act of 1976, responsible for drafting or reviewing category of Vehicular Products: Re- section 6002, the U.S. Environmental specifications for products to be refined Lubricating Oil. USDA is Protection Agency CPG-designated procured shall ensure that the relevant Landscaping Products: Compost Made From requesting that manufacturers of these specifications require the use of qualifying biobased products provide Recovered Organic Materials and biobased toys and sporting gear. Landscaping Products: Fertilizer Made From information on the BioPreferred Recovered Organic Materials containing § 3201.147 Traffic and zone marking Program’s website about the intended recovered materials as products for which paints. uses of the product, information on Federal agencies must give preference in whether the product contains any their purchasing programs. The designation (a) Definition. Traffic and zone can be found in the Comprehensive marking paints are products that are recovered material, in addition to Procurement Guideline, 40 CFR 247.15. formulated and marketed for marking biobased ingredients, and performance and striping parking lots, roads, streets, standards against which the product has § 3201.145 Surface guards, molding, and highways, or other traffic surfaces been tested. This information will assist trim. including, but not limited to, curbs, Federal agencies in determining (a) Definition. Surface guards, crosswalks, driveways, sidewalks, and whether a qualifying biobased product molding, and trim products are typically airport runways. overlaps with the EPA’s CPG-designated used during construction or (b) Minimum biobased content. The Vehicular Products: Re-Refined manufacturing. These products are Federal preferred procurement product Lubricating Oil and which product designed to protect surfaces, such as must have a minimum biobased content should be afforded the preference in walls and floors, from damage or to of at least 30 percent, which shall be purchasing. cover the exposed edges of furniture or based on the amount of qualifying Note 1 to Paragraph (d): Transmission floors. biobased carbon in the product as a fluids within this designated product (b) Minimum biobased content. The percent of the total organic carbon in the category can compete with similar Federal preferred procurement product finished product. transmission fluids with recycled content. must have a minimum biobased content (c) Preference compliance date. No Under the Resource Conservation and of at least 26 percent, which shall be later than July 6, 2020, procuring Recovery Act of 1976, section 6002, the U.S. based on the amount of qualifying agencies, in accordance with this part, Environmental Protection Agency CPG- biobased carbon in the product as a will give a procurement preference for designated product categories Vehicular qualifying biobased traffic and zone Products: Re-Refined Lubricating Oil percent of the total organic carbon in the containing recovered materials as products finished product. marking paints. By that date, Federal for which Federal agencies must give (c) Preference compliance date. No agencies responsible for drafting or preference in their purchasing programs. The later than July 6, 2020, procuring reviewing specifications for products to designation can be found in the agencies, in accordance with this part, be procured shall ensure that the Comprehensive Procurement Guideline, 40 will give a procurement preference for relevant specifications require the use of CFR 247.11.

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§ 3201.149 Wall coverings. ADDRESSES: You may send comments, air flow to the engine, engine stoppage, (a) Definition. Wall coverings are using the procedures found in 14 CFR and subsequent loss of control of the materials that are applied to walls using 11.43 and 11.45, by any of the following helicopter. The FAA is issuing this AD an adhesive. This category includes, but methods: to address the unsafe condition on these is not limited to, wallpaper, vinyl wall • Federal eRulemaking Portal: Go to products. http://www.regulations.gov. Follow the coverings, and wall fabrics. This Record of Ex Parte Communication category excludes all types of paints or instructions for submitting comments. coatings. • Fax: 202–493–2251. In preparation of AD actions such as (b) Minimum biobased content. The • Mail: U.S. Department of notices of proposed rulemaking and Federal preferred procurement product Transportation, Docket Operations, M– immediately adopted final rules, it is must have a minimum biobased content 30, West Building Ground Floor, Room the practice of the FAA to obtain of at least 62 percent, which shall be W12–140, 1200 New Jersey Avenue SE, technical information and information based on the amount of qualifying Washington, DC 20590. on operational and economic impacts biobased carbon in the product as a • Hand Delivery: U.S. Department of from design approval holders and percent of the total organic carbon in the Transportation, Docket Operations, M– aircraft operators. The FAA discussed finished product. 30, West Building Ground Floor, Room certain aspects of this AD by email and (c) Preference compliance date. No W12–140, 1200 New Jersey Avenue SE, telephone with Robinson. A summary of later than July 6, 2020, procuring Washington, DC 20590, between 9 a.m. the discussions can be found in the agencies, in accordance with this part, and 5 p.m., Monday through Friday, rulemaking docket. For information on will give a procurement preference for except Federal holidays. locating the docket, see ‘‘Examining the qualifying biobased wall coverings. By For service information identified in AD Docket.’’ that date, Federal agencies responsible this final rule, contact Robinson Related Service Information for drafting or reviewing specifications Helicopter Company, 2901 Airport The FAA reviewed Robinson R44 for products to be procured shall ensure Drive, Torrance, CA 90505; phone 310– Service Bulletin SB–97, dated April 11, that the relevant specifications require 539–0508; fax 310–539–5198; or at 2019 (SB). The SB applies to Robinson the use of biobased wall coverings. https://robinsonheli.com/robinson-r44- service-bulletins/. You may view this Model R44 II helicopters serial numbers Donald K. Bice, service information at the FAA, Office (S/N) 14248 through 14286, except Deputy Assistant Secretary for of the Regional Counsel, Southwest 14269, and to any A785–31 hoses Administration, U.S. Department of Region, 10101 Hillwood Pkwy., Room shipped as spares from May through Agriculture. 6N–321, Fort Worth, TX 76177. November 2018. The SB specifies, [FR Doc. 2019–14038 Filed 7–3–19; 8:45 am] within 1 flight hour or prior to further BILLING CODE 3410–93–P Examining the AD Docket flight if engine roughness or power loss You may examine the AD docket on is, or has been encountered, visually the internet at http:// inspecting the hose for separation, DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for flexing the hose to listen for a crinkling and locating Docket No. FAA–2019– sound, which is an indication of Federal Aviation Administration 0361; or in person at Docket Operations separation, and replacing any hose that between 9 a.m. and 5 p.m., Monday shows indication of separation. The SB 14 CFR Part 39 through Friday, except Federal holidays. also specifies replacing or discarding all affected hoses by June 30, 2019. [Docket No. FAA–2019–0361; Product The AD docket contains this final rule, Identifier 2019–SW–015–AD; Amendment the regulatory evaluation, any FAA’s Determination comments received, and other 39–19673; AD 2019–12–18] The FAA is issuing this AD because information. The street address for the FAA evaluated all the relevant RIN 2120–AA64 Docket Operations is listed above. information and determined the unsafe Comments will be available in the AD Airworthiness Directives; Robinson condition described previously is likely docket shortly after receipt. Helicopter Company Helicopters to exist or develop in other products of FOR FURTHER INFORMATION CONTACT: the same type design. AGENCY: Federal Aviation Roger Gretler, Aviation Safety Engineer, Administration (FAA), DOT. Los Angeles ACO Branch, Compliance & AD Requirements ACTION: Final rule; request for Airworthiness Division, FAA, 3960 This AD requires, for Robinson R44 II comments. Paramount Blvd., Lakewood, CA 90712; helicopters S/N 14248 through 14268 phone 562- 627–5251; email and 14270 through 14286 or with a hose SUMMARY: The FAA is adopting a new [email protected]. P/N A785–31 installed after April 30, airworthiness directive (AD) for SUPPLEMENTARY INFORMATION: 2018, within 10 hours time-in-service Robinson Helicopter Company (TIS), inspecting the inside of the hose (Robinson) Model R44 II helicopters. Discussion for separation between the outer and This AD requires inspecting the engine The FAA has received reports of inner layers, and flexing the hose in all air induction hose (hose) and replacing separation between the outer and inner directions while listening for a crinkling any hose that is not airworthy. This AD layers of the hose part number (P/N) sound, which is an indication of was prompted by multiple reports of A785–31. The FAA’s investigation separation. If there is any separation or separation between the outer and inner shows that, to date, 12 hoses have been a crinkling sound, this AD requires layers of the hoses. The FAA is issuing inspected and all 12 out of a suspect replacing the hose before further flight. this AD to address the unsafe condition population of 100 exhibit this condition. If there is no separation and no on these products. The suspect population is traced to a crinkling sound, this AD requires DATES: This AD is effective July 5, 2019. specific manufacturing batch marked by replacing the hose within 50 hours TIS. The FAA must receive comments on code 1Q18. This condition, if not Finally, after the effective date of this this AD by August 19, 2019. addressed, could result in blockage of AD, installing on any helicopter a hose

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P/N A785–31 marked with code 1Q18 is environmental, and energy aspects of For the reasons discussed above, I prohibited. this final rule. The FAA will consider certify that this AD: all comments received by the closing (1) Is not a ‘‘significant regulatory Differences Between the AD and the date and may amend this final rule Service Information action’’ under Executive Order 12866, because of those comments. and The SB specifies corrective action The FAA will post all comments (2) Will not affect intrastate aviation within one flight hour or prior to further received, without change, to http:// in Alaska. flight if engine roughness or power loss www.regulations.gov, including any List of Subjects in 14 CFR Part 39 is, or has been, encountered. This AD personal information you provide. The requires corrective action within 10 FAA will also post a report Air transportation, Aircraft, Aviation hours TIS. The compliance times summarizing each substantive verbal safety, Incorporation by reference, specified in this AD differ from the SB contact received about this final rule. Safety. because the FAA determined 10 hours TIS is a reasonable amount of time to Costs of Compliance Adoption of the Amendment comply with the required corrective The FAA estimates that this AD may Accordingly, under the authority actions. The SB applies only to those affect up to 88 helicopters of U.S. delegated to me by the Administrator, serial-numbered helicopters with an registry. The FAA estimates the the FAA amends 14 CFR part 39 as affected hose installed, whereas this AD following costs to comply with this AD. follows: also applies to helicopters with a hose Labor costs are estimated at $85 per that has been replaced after April 30, work-hour. Inspecting the hose takes PART 39—AIRWORTHINESS 2018. about 0.5 work-hour and replacing it DIRECTIVES Justification for Immediate Adoption takes about 0.5 work-hour. Parts cost are ■ 1. The authority citation for part 39 and Determination of the Effective Date about $134 per hose for an estimated continues to read as follows: cost of $219 per helicopter. Section 553(b)(3) of the Authority: 49 U.S.C. 106(g), 40113, 44701. Administrative Procedure Act (APA) (5 According to Robinson’s service U.S.C.) authorizes agencies to dispense information, some of the costs of this § 39.13 [Amended] AD may be covered under warranty, with notice and comment procedures ■ 2. The FAA amends § 39.13 by adding for rules when the agency, for ‘‘good thereby reducing the cost impact on affected individuals. The FAA does not the following new airworthiness cause,’’ finds that those procedures are directive (AD): ‘‘impracticable, unnecessary, or contrary control warranty coverage for affected to the public interest.’’ Under this individuals. As a result, the FAA has 2019–12–18 Robinson Helicopter Company: included all costs in the cost estimate. Amendment 39–19673; Docket No. section, an agency, upon finding good FAA–2019–0361; Product Identifier cause, may issue a final rule without Authority for This Rulemaking 2019–SW–015–AD. seeking comment prior to the rulemaking. Title 49 of the United States Code (a) Effective Date An unsafe condition exists that specifies the FAA’s authority to issue This AD is effective July 5, 2019. rules on aviation safety. Subtitle I, requires the immediate adoption of this (b) Affected ADs AD without providing an opportunity section 106, describes the authority of for public comments prior to adoption. the FAA Administrator. ‘‘Subtitle VII: None. The FAA has found that the risk to the Aviation Programs’’ describes in more (c) Applicability detail the scope of the Agency’s flying public justifies waiving notice This AD applies to Robinson Helicopter and comment prior to adoption of this authority. Company Model R44 II helicopters rule because corrective actions must be The FAA is issuing this rulemaking certificated in any category. under the authority described in made within 10 hours TIS. Therefore, (d) Subject notice and opportunity for prior public Subtitle VII, Part A, Subpart III, Section comment are impracticable and contrary 44701: ‘‘General requirements.’’ Under Joint Aircraft System Component (JASC)/ that section, Congress charges the FAA Air Transport Association (ATA) of America to public interest pursuant to 5 U.S.C. Code: 7160, Engine Air Intake System. 553(b)(3)(B). In addition, for the reasons with promoting safe flight of civil stated above, the FAA finds that good aircraft in air commerce by prescribing (e) Unsafe Condition cause exists pursuant to 5 U.S.C. 553(d) regulations for practices, methods, and This AD was prompted by a report of for making this amendment effective in procedures the Administrator finds separation between the outer and inner layers less than 30 days. necessary for safety in air commerce. of a hose. This condition, if not addressed, This regulation is within the scope of could result in blockage of air flow to the Comments Invited that authority because it addresses an engine, engine stoppage, and subsequent loss This AD is a final rule that involves unsafe condition that is likely to exist or of control of the helicopter. The FAA is requirements affecting flight safety and develop on products identified in this issuing this AD to prevent the unsafe condition on these helicopters. was not preceded by notice and an rulemaking action. opportunity for public comment. (f) Compliance Regulatory Findings However, the FAA invites you to send Comply with this AD within the any written data, views, or arguments This AD will not have federalism compliance times specified, unless already about this final rule. Send your implications under Executive Order done. comments to an address listed under the 13132. This AD will not have a (g) Required Actions ADDRESSES section. Include the docket substantial direct effect on the States, on (1) For helicopters with an engine air number FAA–2019–0361 and Product the relationship between the national induction hose (hose) part number A785–31 Identifier 2019–SW–015–AD at the government and the States, or on the installed after April 30, 2018 or helicopter beginning of your comments. The FAA distribution of power and serial numbers 14248 through 14268 and specifically invites comments on the responsibilities among the various 14270 through 14286, within 10 hours time- overall regulatory, economic, levels of government. in-service (TIS):

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(i) Inspect the inside of the hose for DEPARTMENT OF TRANSPORTATION Availability separation between the outer and inner layers, and flex the hose in all directions Federal Aviation Administration All SIAPs and Takeoff Minimums and while listening for a crinkling sound, which ODPs are available online free of charge. is an indication of separation. 14 CFR Part 97 Visit the National Flight Data Center (ii) If there is any separation or a crinkling online at nfdc.faa.gov to register. sound, replace the hose before further flight. [Docket No. 31259; Amdt. No. 3858] Additionally, individual SIAP and (iii) If there is no separation and no Takeoff Minimums and ODP copies may crinkling sound, replace the hose within 50 Standard Instrument Approach be obtained from the FAA Air Traffic hours TIS. Procedures, and Takeoff Minimums Organization Service Area in which the (2) After the effective date of this AD, do and Obstacle Departure Procedures; affected airport is located. not install on any helicopter a hose part Miscellaneous Amendments number A785–31 marked with code 1Q18. FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation Thomas J. Nichols, Flight Procedures (h) Alternative Methods of Compliance Administration (FAA), DOT. and Airspace Group, Flight (AMOCs) Technologies and Procedures Division, (1) The Manager, Los Angeles ACO Branch, ACTION: Final rule. Flight Standards Service, Federal FAA, has the authority to approve AMOCs Aviation Administration. Mailing SUMMARY: This rule amends, suspends, for this AD, if requested using the procedures Address: FAA Mike Monroney or removes Standard Instrument found in 14 CFR 39.19. In accordance with Aeronautical Center, Flight Procedures Approach Procedures (SIAPs) and 14 CFR 39.19, send your request to your and Airspace Group, 6500 South associated Takeoff Minimums and principal inspector or local Flight Standards MacArthur Blvd., Registry Bldg. 29 District Office, as appropriate. If sending Obstacle Departure Procedures for operations at certain airports. These Room 104, Oklahoma City, OK 73125. information directly to the manager of the Telephone: (405) 954–4164. certification office, send it to the attention of regulatory actions are needed because of the person identified in paragraph (i)(1) of the adoption of new or revised criteria, SUPPLEMENTARY INFORMATION: This rule this AD. Information may be emailed to: 9- or because of changes occurring in the amends Title 14, Code of Federal [email protected]. National Airspace System, such as the Regulations, Part 97 (14 CFR part 97) by (2) Before using any approved AMOC, commissioning of new navigational amending the referenced SIAPs. The notify your appropriate principal inspector, facilities, adding new obstacles, or complete regulatory description of each or lacking a principal inspector, the manager changing air traffic requirements. These SIAP is listed on the appropriate FAA of the local flight standards district office/ changes are designed to provide for the Form 8260, as modified by the National certificate holding district office. safe and efficient use of the navigable Flight Data Center (NFDC)/Permanent airspace and to promote safe flight Notice to Airmen (P–NOTAM), and is (i) Related Information operations under instrument flight rules incorporated by reference under 5 (1) For more information about this AD, at the affected airports. U.S.C. 552(a), 1 CFR part 51, and 14 contact Roger Gretler, Aviation Safety DATES: This rule is effective July 5, CFR 97.20. The large number of SIAPs, Engineer, Los Angeles ACO Branch, 2019. The compliance date for each their complex nature, and the need for Compliance & Airworthiness Division, FAA, SIAP, associated Takeoff Minimums, a special format make their verbatim 3960 Paramount Blvd., Lakewood, CA 90712; and ODP is specified in the amendatory publication in the Federal Register phone 562–627–5251; email roger.gretler@ provisions. expensive and impractical. Further, faa.gov. The incorporation by reference of airmen do not use the regulatory text of (2) For information about AMOCs, contact the SIAPs, but refer to their graphic 9-ANM-LAACO-ACO-AMOC-Requests@ certain publications listed in the depiction on charts printed by faa.gov. regulations is approved by the Director publishers of aeronautical materials. (3) For copies of the service information of the Federal Register as of July 5, 2019. Thus, the advantages of incorporation referenced in this AD, contact: Robinson ADDRESSES: Availability of matter by reference are realized and Helicopter Company, 2901 Airport Drive, incorporated by reference in the publication of the complete description Torrance, CA 90505; phone 310–539–0508; amendment is as follows: fax 310–539–5198; or at https:// of each SIAP contained on FAA form robinsonheli.com/robinson-r44-service- For Examination documents is unnecessary. bulletins/. You may view this referenced 1. U.S. Department of Transportation, This amendment provides the affected service information at the FAA, Office of the Docket Ops-M30, 1200 New Jersey CFR sections, and specifies the SIAPs Regional Counsel, Southwest Region, 10101 Avenue SE, West Bldg., Ground Floor, and Takeoff Minimums and ODPs with Hillwood Pkwy., Room 6N–321, Fort Worth, Washington, DC 20590–0001; their applicable effective dates. This TX 76177. 2. The FAA Air Traffic Organization amendment also identifies the airport (j) Material Incorporated by Reference Service Area in which the affected and its location, the procedure and the amendment number. None. airport is located; 3. The office of Aeronautical Issued in Fort Worth, Texas, on June 25, Availability and Summary of Material Navigation Products, 6500 South Incorporated by Reference 2019. MacArthur Blvd., Oklahoma City, OK James A. Grigg, 73169 or, The material incorporated by Acting Deputy Director for Regulatory 4. The National Archives and Records reference is publicly available as listed Operations, Compliance & Airworthiness Administration (NARA). in the ADDRESSES section. Division, Aircraft Certification Service. For information on the availability of The material incorporated by [FR Doc. 2019–14205 Filed 7–3–19; 8:45 am] this material at NARA, call 202–741– reference describes SIAPs, Takeoff BILLING CODE 4910–13–P 6030, or go to: http://www.archives.gov/ Minimums and ODPs as identified in federal_register/code_of_federal_ the amendatory language for part 97 of regulations/ibr_locations.html. this final rule.

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The Rule safety in air commerce, I find that notice Issued in Washington, DC, on June 14, 2019. This amendment to 14 CFR part 97 is and public procedure under 5 U.S.C. Rick Domingo, effective upon publication of each 553(b) are impracticable and contrary to separate SIAP and Takeoff Minimums the public interest and, where Executive Director, Flight Standards Service. and ODP as amended in the transmittal. applicable, under 5 U.S.C. 553(d), good Adoption of the Amendment For safety and timeliness of change cause exists for making these SIAPs Accordingly, pursuant to the considerations, this amendment effective in less than 30 days. authority delegated to me, Title 14, incorporates only specific changes The FAA has determined that this Code of Federal regulations, Part 97, (14 contained for each SIAP and Takeoff regulation only involves an established CFR part 97), is amended by amending Minimums and ODP as modified by body of technical regulations for which Standard Instrument Approach FDC permanent NOTAMs. frequent and routine amendments are Procedures and Takeoff Minimums and The SIAPs and Takeoff Minimums necessary to keep them operationally ODPs, effective at 0901 UTC on the and ODPs, as modified by FDC current. It, therefore—(1) is not a dates specified, as follows: permanent NOTAM, and contained in ‘‘significant regulatory action’’ under this amendment are based on the Executive Order 12866; (2) is not a PART 97—STANDARD INSTRUMENT criteria contained in the U.S. Standard ‘‘significant rule’’ under DOT regulatory APPROACH PROCEDURES for Terminal Instrument Procedures Policies and Procedures (44 FR 11034; (TERPS). In developing these changes to ■ 1. The authority citation for part 97 February 26, 1979); and (3) does not SIAPs and Takeoff Minimums and continues to read as follows: warrant preparation of a regulatory ODPs, the TERPS criteria were applied Authority: 49 U.S.C. 106(f), 106(g), 40103, only to specific conditions existing at evaluation as the anticipated impact is so minimal. For the same reason, the 40106, 40113, 40114, 40120, 44502, 44514, the affected airports. All SIAP 44701, 44719, 44721–44722. amendments in this rule have been FAA certifies that this amendment will ■ previously issued by the FAA in a FDC not have a significant economic impact 2. Part 97 is amended to read as NOTAM as an emergency action of on a substantial number of small entities follows: immediate flight safety relating directly under the criteria of the Regulatory By amending: § 97.23 VOR, VOR/ to published aeronautical charts. Flexibility Act. DME, VOR or TACAN, and VOR/DME The circumstances that created the or TACAN; § 97.25 LOC, LOC/DME, List of Subjects in 14 CFR Part 97 need for these SIAP and Takeoff LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, Minimums and ODP amendments Air traffic control, Airports, require making them effective in less ILS/DME, MLS, MLS/DME, MLS/RNAV; Incorporation by reference, Navigation § 97.31 RADAR SIAPs; § 97.33 RNAV than 30 days. (air). Because of the close and immediate SIAPs; and § 97.35 COPTER SIAPs, relationship between these SIAPs, Identified as follows: Takeoff Minimums and ODPs, and * * * EFFECTIVE UPON PUBLICATION

AIRAC date State City Airport FDC No. FDC date Subject

18–Jul–19 ..... AR Warren ...... Warren Muni ...... 9/0506 6/7/19 RNAV (GPS) RWY 21, Orig-A. 18–Jul–19 ..... AR Warren ...... Warren Muni ...... 9/0507 6/7/19 RNAV (GPS) RWY 3, Orig-A. 18–Jul–19 ..... CA Merced ...... Merced Rgnl/Macready Field ...... 9/0516 6/7/19 ILS OR LOC RWY 30, Amdt 14E. 18–Jul–19 ..... MO Ava ...... Ava Bill Martin Memorial ...... 9/0587 6/7/19 RNAV (GPS) RWY 13, Orig-A. 18–Jul–19 ..... IA Ames ...... Ames Muni ...... 9/0612 6/7/19 RNAV (GPS) RWY 19, Amdt 1A. 18–Jul–19 ..... KY Henderson ...... Henderson City-County ...... 9/0614 6/7/19 RNAV (GPS) RWY 9, Amdt 1. 18–Jul–19 ..... ID Gooding ...... Gooding Muni ...... 9/0615 6/7/19 RNAV (GPS) RWY 25, Orig-A. 18–Jul–19 ..... MI Bad Axe ...... Huron County Memorial ...... 9/0738 6/7/19 RNAV (GPS) RWY 4, Orig-A. 18–Jul–19 ..... MI Bad Axe ...... Huron County Memorial ...... 9/0743 6/7/19 RNAV (GPS) RWY 17, Orig-A. 18–Jul–19 ..... TN Millington ...... Millington-Memphis ...... 9/1794 6/10/19 ILS OR LOC RWY 22, Amdt 5. 18–Jul–19 ..... TN Millington ...... Millington-Memphis ...... 9/1795 6/10/19 RNAV (GPS) RWY 22, Amdt 2. 18–Jul–19 ..... TN Millington ...... Millington-Memphis ...... 9/1796 6/10/19 VOR OR TACAN RWY 22, Amdt 3. 18–Jul–19 ..... MD Easton ...... Easton/Newnam Field ...... 9/1859 6/10/19 RNAV (GPS) RWY 22, Amdt 1B. 18–Jul–19 ..... MI Alma ...... Gratiot Community ...... 9/1868 6/10/19 RNAV (GPS) RWY 27, Amdt 1A. 18–Jul–19 ..... MO Dexter ...... Dexter Muni ...... 9/5019 6/4/19 RNAV (GPS) RWY 18, Amdt 1. 18–Jul–19 ..... MO Dexter ...... Dexter Muni ...... 9/5020 6/4/19 RNAV (GPS) RWY 36, Amdt 1A. 18–Jul–19 ..... MI Boyne Falls ...... Boyne Mountain ...... 9/5021 6/6/19 RNAV (GPS) RWY 35, Orig-A. 18–Jul–19 ..... MN Tower ...... Tower Muni ...... 9/5022 6/4/19 RNAV (GPS) RWY 26, Orig-A. 18–Jul–19 ..... MO Ava ...... Ava Bill Martin Memorial ...... 9/5026 6/5/19 RNAV (GPS) RWY 31, Orig-B. 18–Jul–19 ..... MN Tower ...... Tower Muni ...... 9/5027 6/4/19 RNAV (GPS) RWY 8, Orig. 18–Jul–19 ..... MI Ann Arbor ...... Ann Arbor Muni ...... 9/5030 6/6/19 RNAV (GPS) RWY 6, Amdt 2C. 18–Jul–19 ..... MI Ann Arbor ...... Ann Arbor Muni ...... 9/5031 6/6/19 RNAV (GPS) RWY 24, Amdt 2D. 18–Jul–19 ..... LA Eunice ...... Eunice ...... 9/5037 6/6/19 RNAV (GPS) RWY 34, Orig-A. 18–Jul–19 ..... MO Branson ...... Branson ...... 9/5039 6/5/19 RNAV (GPS) RWY 14, Orig-A. 18–Jul–19 ..... MI Alma ...... Gratiot Community ...... 9/5040 6/6/19 RNAV (GPS) RWY 9, Amdt 1A. 18–Jul–19 ..... MO Kaiser/Lake Ozark ...... Lee C Fine Memorial ...... 9/5041 6/5/19 RNAV (GPS) RWY 4, Amdt 1A. 18–Jul–19 ..... MI Alma ...... Gratiot Community ...... 9/5042 6/6/19 RNAV (GPS) RWY 18, Orig. 18–Jul–19 ..... MI Linden ...... Prices ...... 9/5047 6/5/19 RNAV (GPS) RWY 9, Amdt 1A. 18–Jul–19 ..... MI Linden ...... Prices ...... 9/5049 6/5/19 RNAV (GPS) RWY 27, Amdt 1A. 18–Jul–19 ..... MI Adrian ...... Lenawee County ...... 9/5051 6/5/19 RNAV (GPS) RWY 5, Amdt 1A. 18–Jul–19 ..... MO Butler ...... Butler Memorial ...... 9/5054 6/5/19 RNAV (GPS) RWY 18, Orig-A. 18–Jul–19 ..... MO Butler ...... Butler Memorial ...... 9/5055 6/5/19 RNAV (GPS) RWY 36, Orig-A. 18–Jul–19 ..... ME Wiscasset ...... Wiscasset ...... 9/5061 6/4/19 RNAV (GPS) RWY 7, Orig-A. 18–Jul–19 ..... ME Wiscasset ...... Wiscasset ...... 9/5063 6/4/19 RNAV (GPS) RWY 25, Orig-A. 18–Jul–19 ..... ME Millinocket ...... Millinocket Muni ...... 9/5064 6/4/19 RNAV (GPS) RWY 11, Orig-A. 18–Jul–19 ..... AL Centreville ...... Bibb County ...... 9/5065 6/4/19 RNAV (GPS) RWY 10, Orig. 18–Jul–19 ..... AL Wetumpka ...... Wetumpka Muni ...... 9/5067 6/4/19 RNAV (GPS) RWY 9, Orig-B. 18–Jul–19 ..... AL Prattville ...... Prattville-Grouby Field ...... 9/5068 6/4/19 RNAV (GPS) RWY 9, Amdt 2E.

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AIRAC date State City Airport FDC No. FDC date Subject

18–Jul–19 ..... AL Brewton ...... Brewton Muni ...... 9/5070 6/4/19 RNAV (GPS) RWY 6, Orig-A. 18–Jul–19 ..... AL Brewton ...... Brewton Muni ...... 9/5072 6/4/19 RNAV (GPS) RWY 12, Orig. 18–Jul–19 ..... AL Brewton ...... Brewton Muni ...... 9/5073 6/4/19 RNAV (GPS) RWY 30, Orig. 18–Jul–19 ..... AL Brewton ...... Brewton Muni ...... 9/5074 6/4/19 RNAV (GPS) RWY 24, Orig-A. 18–Jul–19 ..... KY Elizabethtown ...... Addington Field ...... 9/5075 6/3/19 RNAV (GPS) RWY 23, Orig. 18–Jul–19 ..... MN Willmar ...... Willmar Muni-John L Rice Field .... 9/5076 6/4/19 RNAV (GPS) RWY 31, Amdt 1B. 18–Jul–19 ..... GA Quitman ...... Quitman Brooks County ...... 9/5077 6/4/19 RNAV (GPS) RWY 10, Amdt 1B. 18–Jul–19 ..... GA Quitman ...... Quitman Brooks County ...... 9/5078 6/4/19 RNAV (GPS) RWY 28, Amdt 1B. 18–Jul–19 ..... KY Flemingsburg ...... Fleming-Mason ...... 9/5079 6/3/19 RNAV (GPS) RWY 7, Orig-A. 18–Jul–19 ..... LA Bunkie ...... Bunkie Muni ...... 9/5081 6/6/19 RNAV (GPS) RWY 18, Orig. 18–Jul–19 ..... MN Alexandria ...... Chandler Field ...... 9/5082 6/4/19 RNAV (GPS) RWY 22, Orig-A. 18–Jul–19 ..... LA Winnfield ...... David G Joyce ...... 9/5083 6/5/19 RNAV (GPS) RWY 27, Orig-A. 18–Jul–19 ..... MD Gaithersburg ...... Montgomery County Airpark ...... 9/5084 6/4/19 RNAV (GPS) RWY 14, Amdt 3B. 18–Jul–19 ..... MA Westfield/Springfield ...... Westfield-Barnes Rgnl ...... 9/5085 6/4/19 RNAV (GPS) RWY 2, Orig-C. 18–Jul–19 ..... LA Many ...... Hart ...... 9/5086 6/6/19 RNAV (GPS) RWY 30, Orig-A. 18–Jul–19 ..... GA Greensboro ...... Greene County Rgnl ...... 9/5087 6/4/19 RNAV (GPS) RWY 7, Amdt 1D. 18–Jul–19 ..... IA Ames ...... Ames Muni ...... 9/5088 6/4/19 RNAV (GPS) RWY 13, Amdt 1A. 18–Jul–19 ..... IA Ames ...... Ames Muni ...... 9/5092 6/4/19 RNAV (GPS) RWY 31, Amdt 1A. 18–Jul–19 ..... CA Santa Ynez ...... Santa Ynez ...... 9/5094 6/3/19 GPS RWY 8, Orig-B. 18–Jul–19 ..... GA Adel ...... Cook County ...... 9/5097 6/5/19 RNAV (GPS) RWY 23, Amdt 1A. 18–Jul–19 ..... GA Adel ...... Cook County ...... 9/5098 6/5/19 RNAV (GPS) RWY 5, Amdt 1A. 18–Jul–19 ..... ID Caldwell ...... Caldwell Industrial ...... 9/5100 6/4/19 RNAV (GPS) RWY 12, Amdt 1A. 18–Jul–19 ..... ID Caldwell ...... Caldwell Industrial ...... 9/5105 6/4/19 RNAV (GPS) RWY 30, Amdt 1A. 18–Jul–19 ..... CA California City ...... California City Muni ...... 9/5109 6/3/19 RNAV (GPS) RWY 6, Orig-A. 18–Jul–19 ..... CA Los Banos ...... Los Banos Muni ...... 9/5111 6/3/19 RNAV (GPS) RWY 14, Orig-C. 18–Jul–19 ..... GA Canon ...... Franklin County ...... 9/5113 6/5/19 RNAV (GPS) RWY 26, Orig-A. 18–Jul–19 ..... CA Los Banos ...... Los Banos Muni ...... 9/5114 6/3/19 RNAV (GPS) RWY 32, Amdt 1. 18–Jul–19 ..... CA Half Moon Bay ...... Half Moon Bay ...... 9/5119 6/3/19 RNAV (GPS) RWY 12, Amdt 1. 18–Jul–19 ..... WA Burlington/Mount Vernon Skagit Rgnl ...... 9/5120 6/3/19 RNAV (GPS) RWY 29, Amdt 2. 18–Jul–19 ..... CA Half Moon Bay ...... Half Moon Bay ...... 9/5121 6/3/19 RNAV (GPS) RWY 30, Amdt 1. 18–Jul–19 ..... MN Benson ...... Benson Muni ...... 9/5122 6/4/19 RNAV (GPS) RWY 14, Amdt 1. 18–Jul–19 ..... MN Benson ...... Benson Muni ...... 9/5123 6/4/19 RNAV (GPS) RWY 32, Amdt 1. 18–Jul–19 ..... IL Litchfield ...... Litchfield Muni ...... 9/5124 5/30/19 RNAV (GPS) RWY 36, Orig-B. 18–Jul–19 ..... ME Auburn/Lewiston ...... Auburn/Lewiston Muni ...... 9/5125 6/5/19 RNAV (GPS) RWY 22, Amdt 1B. 18–Jul–19 ..... MO Potosi ...... Washington County ...... 9/5126 6/6/19 RNAV (GPS) RWY 2, Amdt 2B. 18–Jul–19 ..... CA Fullerton ...... Fullerton Muni ...... 9/5127 6/3/19 RNAV (GPS) RWY 24, Orig-B. 18–Jul–19 ..... MN Albert Lea ...... Albert Lea Muni ...... 9/5128 6/4/19 RNAV (GPS) RWY 17, Amdt 2A. 18–Jul–19 ..... MN Albert Lea ...... Albert Lea Muni ...... 9/5129 6/4/19 RNAV (GPS) RWY 35, Amdt 1B. 18–Jul–19 ..... KY Hopkinsville ...... Hopkinsville-Christian County ...... 9/5130 6/3/19 RNAV (GPS) RWY 8, Orig-A. 18–Jul–19 ..... IL Litchfield ...... Litchfield Muni ...... 9/5132 5/30/19 RNAV (GPS) RWY 27, Orig-A. 18–Jul–19 ..... IL Litchfield ...... Litchfield Muni ...... 9/5133 5/30/19 RNAV (GPS) RWY 9, Orig-A. 18–Jul–19 ..... IL Litchfield ...... Litchfield Muni ...... 9/5134 5/30/19 RNAV (GPS) RWY 18, Orig-B. 18–Jul–19 ..... KY Henderson ...... Henderson City-County ...... 9/5136 6/5/19 RNAV (GPS) RWY 27, Amdt 1. 18–Jul–19 ..... MN Pinecreek ...... Piney Pinecreek Border ...... 9/5137 6/4/19 RNAV (GPS) RWY 15, Orig-A. 18–Jul–19 ..... MN Pinecreek ...... Piney Pinecreek Border ...... 9/5138 6/4/19 RNAV (GPS) RWY 33, Orig-A. 18–Jul–19 ..... KY Danville ...... Stuart Powell Field ...... 9/5139 6/3/19 RNAV (GPS) RWY 12, Orig-A. 18–Jul–19 ..... AZ Mesa ...... Falcon Fld ...... 9/5140 6/3/19 RNAV (GPS) RWY 4L, Amdt 1B. 18–Jul–19 ..... MA Nantucket ...... Nantucket Memorial ...... 9/5141 6/4/19 RNAV (GPS) RWY 15, Orig-A. 18–Jul–19 ..... AR Corning ...... Corning Muni ...... 9/5145 5/30/19 RNAV (GPS) RWY 36, Orig-C. 18–Jul–19 ..... MI Sault Ste Marie ...... Sault Ste Marie Muni/Sanderson 9/5146 6/5/19 RNAV (GPS) RWY 14, Orig-B. Field. 18–Jul–19 ..... ID Gooding ...... Gooding Muni ...... 9/5148 6/4/19 RNAV (GPS) RWY 7, Orig. 18–Jul–19 ..... AR Corning ...... Corning Muni ...... 9/5149 5/30/19 RNAV (GPS) RWY 18, Orig-B. 18–Jul–19 ..... CA Merced ...... Merced Rgnl/Macready Field ...... 9/5151 6/3/19 RNAV (GPS) RWY 12, Orig-B. 18–Jul–19 ..... MN Cambridge ...... Cambridge Muni ...... 9/5152 6/4/19 RNAV (GPS) RWY 16, Orig-A. 18–Jul–19 ..... MN Cambridge ...... Cambridge Muni ...... 9/5153 6/4/19 RNAV (GPS) RWY 34, Orig-A. 18–Jul–19 ..... CA Jackson ...... Westover Field Amador County .... 9/5154 6/3/19 GPS RWY 1, Orig-B. 18–Jul–19 ..... CA Bakersfield ...... Meadows Field ...... 9/5155 6/3/19 RNAV (GPS) RWY 12L, Amdt 1B. 18–Jul–19 ..... CA Daggett ...... Barstow-Daggett ...... 9/5158 6/3/19 RNAV (GPS) RWY 22, Amdt 2B. 18–Jul–19 ..... CA Eureka ...... Murray Field ...... 9/5159 6/5/19 RNAV (GPS) RWY 12, Orig-A. 18–Jul–19 ..... AZ Glendale ...... Glendale Muni ...... 9/5164 6/3/19 RNAV (GPS) RWY 1, Orig-C. 18–Jul–19 ..... AZ Glendale ...... Glendale Muni ...... 9/5165 6/3/19 RNAV (GPS) RWY 19, Amdt 2A. 18–Jul–19 ..... FL Cross City ...... Cross City ...... 9/5167 5/30/19 RNAV (GPS) RWY 31, Amdt 1A. 18–Jul–19 ..... FL Wauchula ...... Wauchula Muni ...... 9/5168 5/30/19 RNAV (GPS) RWY 36, Amdt 1C. 18–Jul–19 ..... FL Wauchula ...... Wauchula Muni ...... 9/5171 5/30/19 RNAV (GPS) RWY 18, Amdt 1C. 18–Jul–19 ..... UT Salt Lake City ...... Salt Lake City Intl ...... 9/5172 6/4/19 ILS OR LOC RWY 34R, ILS RWY 34R (SA CAT I), ILS RWY 34R (CAT II AND III), AMDT 4C. 18–Jul–19 ..... FL Brooksville ...... Brooksville-Tampa Bay Rgnl ...... 9/5173 5/30/19 RNAV (GPS) RWY 21, Amdt 1D. 18–Jul–19 ..... FL Brooksville ...... Brooksville-Tampa Bay Rgnl ...... 9/5174 5/30/19 RNAV (GPS) RWY 27, Amdt 1D. 18–Jul–19 ..... FL Brooksville ...... Brooksville-Tampa Bay Rgnl ...... 9/5175 5/30/19 RNAV (GPS) RWY 9, Amdt 1D. 18–Jul–19 ..... FL Brooksville ...... Brooksville-Tampa Bay Rgnl ...... 9/5176 5/30/19 RNAV (GPS) RWY 3, Amdt 1D. 18–Jul–19 ..... FL Naples ...... Naples Muni ...... 9/5193 6/4/19 RNAV (GPS) RWY 5, Amdt 2. 18–Jul–19 ..... IN Columbus ...... Columbus Muni ...... 9/5200 5/30/19 RNAV (GPS) RWY 32, Orig-A. 18–Jul–19 ..... IN Columbus ...... Columbus Muni ...... 9/5202 5/30/19 RNAV (GPS) RWY 5, Orig-A. 18–Jul–19 ..... IN Columbus ...... Columbus Muni ...... 9/5203 5/30/19 RNAV (GPS) RWY 23, Orig-B. 18–Jul–19 ..... IL Casey ...... Casey Muni ...... 9/5204 5/30/19 RNAV (GPS) RWY 22, Orig. 18–Jul–19 ..... IL Casey ...... Casey Muni ...... 9/5205 5/30/19 RNAV (GPS) RWY 4, Orig-A. 18–Jul–19 ..... MN Baudette ...... Baudette Intl ...... 9/5206 6/4/19 RNAV (GPS) RWY 12, Amdt 1. 18–Jul–19 ..... IN Bedford ...... Virgil I Grissom Muni ...... 9/5209 5/30/19 RNAV (GPS) RWY 13, Orig-A. 18–Jul–19 ..... IL Chicago/Lake In The Hills Lake In The Hills ...... 9/5211 5/30/19 RNAV (GPS) RWY 8, Orig-A. 18–Jul–19 ..... IL Chicago/Lake In The Hills Lake In The Hills ...... 9/5212 5/30/19 RNAV (GPS) RWY 26, Orig-A. 18–Jul–19 ..... IN Angola ...... Tri-State Steuben County ...... 9/5213 5/30/19 RNAV (GPS) RWY 5, Orig-D.

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AIRAC date State City Airport FDC No. FDC date Subject

18–Jul–19 ..... IN Angola ...... Tri-State Steuben County ...... 9/5214 5/30/19 RNAV (GPS) RWY 23, Orig-D. 18–Jul–19 ..... DC Washington ...... Washington Dulles Intl ...... 9/5216 5/30/19 ILS OR LOC RWY 19L, Amdt 15C. 18–Jul–19 ..... IN Bloomington ...... Monroe County ...... 9/5230 5/30/19 RNAV (GPS) RWY 17, Amdt 1B. 18–Jul–19 ..... IN Bloomington ...... Monroe County ...... 9/5231 5/30/19 RNAV (GPS) RWY 24, Orig-B. 18–Jul–19 ..... IN Bloomington ...... Monroe County ...... 9/5232 5/30/19 RNAV (GPS) RWY 6, Orig-C. 18–Jul–19 ..... FL Crestview ...... Bob Sikes ...... 9/5259 5/30/19 RNAV (GPS) RWY 35, Amdt 1C. 18–Jul–19 ..... MO Chillicothe ...... Chillicothe Muni ...... 9/5285 6/5/19 RNAV (GPS) RWY 14, Orig-A. 18–Jul–19 ..... MO Chillicothe ...... Chillicothe Muni ...... 9/5286 6/5/19 RNAV (GPS) RWY 32, Amdt 1A. 18–Jul–19 ..... MD Ocean City ...... Ocean City Muni ...... 9/5287 6/5/19 RNAV (GPS) RWY 32, Orig-C. 18–Jul–19 ..... CO Lamar ...... Lamar Muni ...... 9/5292 6/3/19 RNAV (GPS) RWY 8, Amdt 1A. 18–Jul–19 ..... CO Lamar ...... Lamar Muni ...... 9/5293 6/3/19 RNAV (GPS) RWY 18, Amdt 1B. 18–Jul–19 ..... CO Lamar ...... Lamar Muni ...... 9/5294 6/3/19 RNAV (GPS) RWY 36, Amdt 1A. 18–Jul–19 ..... CO Lamar ...... Lamar Muni ...... 9/5295 6/3/19 RNAV (GPS) RWY 26, Orig-B. 18–Jul–19 ..... MD Frederick ...... Frederick Muni ...... 9/5296 6/5/19 RNAV (GPS) RWY 5, Orig-D. 18–Jul–19 ..... GA Montezuma ...... Dr C P Savage Sr...... 9/5298 6/4/19 RNAV (GPS) RWY 36, Orig-B. 18–Jul–19 ..... AR Carlisle ...... Carlisle Muni ...... 9/5358 6/3/19 RNAV (GPS) RWY 27, Orig-A. 18–Jul–19 ..... AR Carlisle ...... Carlisle Muni ...... 9/5359 6/3/19 RNAV (GPS) RWY 9, Amdt 1A. 18–Jul–19 ..... CO Denver ...... Front Range ...... 9/5360 6/3/19 ILS OR LOC RWY 35, Amdt 2. 18–Jul–19 ..... CO Fort Collins/Loveland ...... Northern Colorado Rgnl ...... 9/5382 6/3/19 RNAV (GPS) RWY 15, Orig-A. 18–Jul–19 ..... WA Ephrata ...... Ephrata Muni ...... 9/5386 6/3/19 RNAV (GPS) RWY 21, Orig-A. 18–Jul–19 ..... WA Pullman/Moscow ...... Pullman/Moscow Rgnl ...... 9/5404 6/3/19 RNAV (GPS) RWY 24, Amdt 1C. 18–Jul–19 ..... CO Cortez ...... Cortez Muni ...... 9/5413 6/3/19 RNAV (GPS) Z RWY 21, Orig-A. 18–Jul–19 ..... CO Cortez ...... Cortez Muni ...... 9/5414 6/3/19 RNAV (GPS) RWY 3, Orig-A. 18–Jul–19 ..... CO Meeker ...... Meeker Coulter Fld ...... 9/5415 6/3/19 RNAV (GPS) RWY 3, Amdt 3C. 18–Jul–19 ..... CO Gunnison ...... Gunnison-Crested Butte Rgnl ...... 9/5419 6/3/19 ILS OR LOC RWY 6, Amdt 5. 18–Jul–19 ..... MI Bad Axe ...... Huron County Memorial ...... 9/5426 6/3/19 RNAV (GPS) RWY 22, Orig-B. 18–Jul–19 ..... MI Bad Axe ...... Huron County Memorial ...... 9/5428 6/3/19 RNAV (GPS) RWY 35, Orig-B. 18–Jul–19 ..... CO Holyoke ...... Holyoke ...... 9/5430 6/3/19 RNAV (GPS) RWY 32, Orig-D. 18–Jul–19 ..... GA Cedartown ...... Polk County Airport-Cornelius 9/5432 6/4/19 RNAV (GPS) RWY 10, Orig-B. Moore Field. 18–Jul–19 ..... GA Cedartown ...... Polk County Airport-Cornelius 9/5434 6/4/19 RNAV (GPS) RWY 28, Orig-B. Moore Field. 18–Jul–19 ..... GA Griffin ...... Griffin-Spalding County ...... 9/5445 6/5/19 RNAV (GPS) RWY 14, Orig-E. 18–Jul–19 ..... GA Griffin ...... Griffin-Spalding County ...... 9/5446 6/5/19 RNAV (GPS) RWY 32, Orig-B. 18–Jul–19 ..... LA Oakdale ...... Allen Parish ...... 9/6048 6/6/19 RNAV (GPS) RWY 18, Orig. 18–Jul–19 ..... CO Colorado Springs ...... City Of Colorado Springs Muni ..... 9/6091 6/3/19 ILS OR LOC RWY 17L, Amdt 3A. 18–Jul–19 ..... WA Ephrata ...... Ephrata Muni ...... 9/6098 6/3/19 RNAV (GPS) RWY 3, Orig-A. 18–Jul–19 ..... WA Ellensburg ...... Bowers Field ...... 9/6100 6/3/19 RNAV (GPS) RWY 29, Amdt 1. 18–Jul–19 ..... LA Vivian ...... Vivian ...... 9/6492 6/3/19 RNAV (GPS) RWY 9, Orig-B. 18–Jul–19 ..... LA Vivian ...... Vivian ...... 9/6493 6/3/19 RNAV (GPS) RWY 27, Orig-B. 18–Jul–19 ..... FL Daytona Beach ...... Daytona Beach Intl ...... 9/6546 6/4/19 RNAV (GPS) RWY 25L, Amdt 1B. 18–Jul–19 ..... FL Daytona Beach ...... Daytona Beach Intl ...... 9/6547 6/4/19 RNAV (GPS) RWY 34, Amdt 2D. 18–Jul–19 ..... FL Naples ...... Naples Muni ...... 9/6964 6/4/19 RNAV (GPS) RWY 23, Amdt 1. 18–Jul–19 ..... FL Daytona Beach ...... Daytona Beach Intl ...... 9/6972 6/4/19 RNAV (GPS) RWY 7R, Orig-E. 18–Jul–19 ..... IL Lincoln ...... Logan County ...... 9/7027 6/6/19 RNAV (GPS) RWY 3, Orig-A. 18–Jul–19 ..... IL Lincoln ...... Logan County ...... 9/7028 6/6/19 RNAV (GPS) RWY 21, Orig-A. 18–Jul–19 ..... FL Deland ...... Deland Muni-Sidney H Taylor 9/7033 6/4/19 RNAV (GPS) RWY 5, Orig-B. Field. 18–Jul–19 ..... FL Deland ...... Deland Muni-Sidney H Taylor 9/7034 6/4/19 RNAV (GPS) RWY 12, Orig-A. Field. 18–Jul–19 ..... FL Deland ...... Deland Muni-Sidney H Taylor 9/7035 6/4/19 RNAV (GPS) RWY 23, Orig-A. Field. 18–Jul–19 ..... FL Deland ...... Deland Muni-Sidney H Taylor 9/7036 6/4/19 RNAV (GPS) RWY 30, Orig-A. Field. 18–Jul–19 ..... KY Glasgow ...... Glasgow Muni ...... 9/7895 6/4/19 RNAV (GPS) RWY 8, Amdt 2A. 18–Jul–19 ..... AR Mc Gehee ...... Mc Gehee Muni ...... 9/8145 6/4/19 RNAV (GPS) RWY 18, Orig-A. 18–Jul–19 ..... ME Lincoln ...... Lincoln Rgnl ...... 9/8146 6/4/19 RNAV (GPS) RWY 17, Orig-B.

[FR Doc. 2019–14133 Filed 7–3–19; 8:45 am] ACTION: Final rule. operations under instrument flight rules BILLING CODE 4910–13–P at the affected airports. SUMMARY: This rule establishes, amends, suspends, or removes Standard DATES: This rule is effective July 5, 2019. The compliance date for each DEPARTMENT OF TRANSPORTATION Instrument Approach Procedures (SIAPs) and associated Takeoff SIAP, associated Takeoff Minimums, Federal Aviation Administration Minimums and Obstacle Departure and ODP is specified in the amendatory Procedures (ODPs) for operations at provisions. 14 CFR Part 97 certain airports. These regulatory The incorporation by reference of actions are needed because of the certain publications listed in the regulations is approved by the Director [Docket No. 31256; Amdt. No. 3855] adoption of new or revised criteria, or because of changes occurring in the of the Federal Register as of July 5, 2019. Standard Instrument Approach National Airspace System, such as the ADDRESSES: Availability of matters Procedures, and Takeoff Minimums commissioning of new navigational incorporated by reference in the and Obstacle Departure Procedures; facilities, addingnew obstacles, or amendment is as follows: changing air traffic requirements. These Miscellaneous Amendments For Examination changes are designed to provide safe AGENCY: Federal Aviation and efficient use of the navigable 1. U.S. Department of Transportation, Administration (FAA), DOT. airspace and to promote safe flight Docket Ops-M30, 1200 New Jersey

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Avenue SE, West Bldg., Ground Floor, description of each SIAP, Takeoff Executive Order 12866; (2) is not a Washington, DC 20590–0001. Minimums and ODP listed on FAA form ‘‘significant rule’’ under DOT 2. The FAA Air Traffic Organization documents is unnecessary. This Regulatory Policies and Procedures (44 Service Area in which the affected amendment provides the affected CFR FR 11034; February 26,1979); and (3) airport is located; sections and specifies the types of does not warrant preparation of a 3. The office of Aeronautical SIAPs, Takeoff Minimums and ODPs regulatory evaluation as the anticipated Navigation Products, 6500 South with their applicable effective dates. impact is so minimal. For the same MacArthur Blvd., Oklahoma City, OK This amendment also identifies the reason, the FAA certifies that this 73169 or, airport and its location, the procedure, amendment will not have a significant 4. The National Archives and Records and the amendment number. economic impact on a substantial Administration (NARA). For Availability and Summary of Material number of small entities under the information on the availability of this Incorporated by Reference criteria of the Regulatory Flexibility Act. material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ The material incorporated by List of Subjects in 14 CFR Part 97 federal_register/code_of_federal_ reference is publicly available as listed Air traffic control, Airports, regulations/ibr_locations.html. in the ADDRESSES section. Incorporation by reference, Navigation The material incorporated by (air). Availability reference describes SIAPS, Takeoff Issued in Washington, DC, on May 31, All SIAPs and Takeoff Minimums and Minimums and/or ODPS as identified in 2019. the amendatory language for part 97 of ODPs are available online free of charge. Rick Domingo, this final rule. Visit the National Flight Data Center at Executive Director, Flight Standards Service. nfdc.faa.gov to register. Additionally, The Rule individual SIAP and Takeoff Minimums Adoption of the Amendment This amendment to 14 CFR part 97 is and ODP copies may be obtained from Accordingly, pursuant to the the FAA Air Traffic Organization effective upon publication of each separate SIAP, Takeoff Minimums and authority delegated to me, Title 14, Service Area in which the affected Code of Federal Regulations, Part 97 (14 airport is located. ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and CFR part 97) is amended by FOR FURTHER INFORMATION CONTACT: textual ODP amendments may have establishing, amending, suspending, or Thomas J. Nichols, Flight Procedures been issued previously by the FAA in a removing Standard Instrument and Airspace Group, Flight Flight Data Center (FDC) Notice to Approach Procedures and/or Takeoff Technologies and Procedures Division, Airmen (NOTAM) as an emergency Minimums and Obstacle Departure Flight Standards Service, Federal action of immediate flight safety relating Procedures effective at 0901 UTC on the Aviation Administration. Mailing directly to published aeronautical dates specified, as follows: Address: FAA Mike Monroney charts. PART 97—STANDARD INSTRUMENT Aeronautical Center, Flight Procedures The circumstances that created the APPROACH PROCEDURES and Airspace Group, 6500 South need for some SIAP and Takeoff MacArthur Blvd., Registry Bldg. 29, Minimums and ODP amendments may ■ Room 104, Oklahoma City, OK 73125. 1. The authority citation for part 97 require making them effective in less continues to read as follows: Telephone: (405) 954–4164. than 30 days. For the remaining SIAPs SUPPLEMENTARY INFORMATION: This rule and Takeoff Minimums and ODPs, an Authority: 49 U.S.C. 106(f), 106(g), 40103, amends Title 14 of the Code of Federal 40106, 40113, 40114, 40120, 44502, 44514, effective date at least 30 days after 44701, 44719, 44721–44722. Regulations, Part 97 (14 CFR part 97), by publication is provided. establishing, amending, suspending, or Further, the SIAPs and Takeoff ■ 2. Part 97 is amended to read as removes SIAPS, Takeoff Minimums Minimums and ODPs contained in this follows: and/or ODPS. The complete regulatory amendment are based on the criteria Effective 18 July 2019 description of each SIAP and its contained in the U.S. Standard for associated Takeoff Minimums or ODP Terminal Instrument Procedures Falmouth, MA, Cape Cod Coast Guard for an identified airport is listed on FAA (TERPS). In developing these SIAPs and Air Station, COPTER ILS Y OR LOC form documents which are incorporated Takeoff Minimums and ODPs, the Y RWY 23, Amdt 2A Fitchburg, MA, Fitchburg Muni, NDB– by reference in this amendment under 5 TERPS criteria were applied to the U.S.C. 552(a), 1 CFR part 51, and 14 A, Amdt 4C, CANCELLED conditions existing or anticipated at the Ogdensburg, NY, Ogdensburg Intl, CFR part 97.20. The applicable FAA affected airports. Because of the close RNAV (GPS) RWY 9, Amdt 1A forms are FAA Forms 8260–3, 8260–4, and immediate relationship between 8260–5, 8260–15A, and 8260–15B when these SIAPs, Takeoff Minimums and Effective 15 August 2019 required by an entry on 8260–15A. ODPs, and safety in air commerce, I find Hooper Bay, AK, Hooper Bay, RNAV The large number of SIAPs, Takeoff that notice and public procedure under (GPS) RWY 13, Amdt 1C Minimums and ODPs, their complex 5 U.S.C. 553(b) are impracticable and Hooper Bay, AK, Hooper Bay, RNAV nature, and the need for a special format contrary to the public interest and, (GPS) RWY 31, Amdt 1C make publication in the Federal where applicable, under 5 U.S.C. 553(d), Nome, AK, Nome, VOR/DME RWY 10, Register expensive and impractical. good cause exists for making some Amdt 3, CANCELLED Further, airmen do not use the SIAPs effective in less than 30 days. St Paul Island, AK, St Paul Island, ILS regulatory text of the SIAPs, Takeoff The FAA has determined that this OR LOC RWY 36, Amdt 4 Minimums or ODPs, but instead refer to regulation only involves an established Talkeetna, AK, Talkeetna, RNAV (GPS) their graphic depiction on charts body of technical regulations for which RWY 1, Amdt 1A printed by publishers of aeronautical frequent and routine amendments are Talkeetna, AK, Talkeetna, RNAV (GPS) materials. Thus, the advantages of necessary to keep them operationally RWY 19, Orig-A incorporation by reference are realized current. It, therefore—(1) is not a Talkeetna, AK, Talkeetna, VOR RWY 1, and publication of the complete ‘‘significant regulatory action’’ under Amdt 3A

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Muscle Shoals, AL, Northwest Alabama Palm Coast, FL, Flagler Executive, Louisville, KY, Louisville Muhammad Rgnl, ILS Y OR LOC Y RWY 30, Orig- RNAV (GPS) RWY 11, Amdt 2A Ali Intl, ILS OR LOC RWY 17R, Amdt B Plant City, FL, Plant City, RNAV (GPS) 4 Muscle Shoals, AL, Northwest Alabama RWY 10, Amdt 1D Louisville, KY, Louisville Muhammad Rgnl, ILS Z OR LOC Z RWY 30, Amdt Sarasota/Bradenton, FL, Sarasota/ Ali Intl, ILS OR LOC RWY 35L, ILS 6B Bradenton Intl, RNAV (GPS) RWY 4, RWY 35L SA CAT I, ILS RWY 35L Muscle Shoals, AL, Northwest Alabama Amdt 2C CAT II, ILS RWY 35L CAT III, Amdt Rgnl, RNAV (GPS) RWY 12, Amdt 2B Sarasota/Bradenton, FL, Sarasota/ 4 Muscle Shoals, AL, Northwest Alabama Bradenton Intl, RNAV (GPS) RWY 22, Louisville, KY, Louisville Muhammad Rgnl, RNAV (GPS) RWY 30, Amdt 2B Amdt 2B Ali Intl, ILS OR LOC RWY 35R, ILS Muscle Shoals, AL, Northwest Alabama Tallahassee, FL, Tallahassee Intl, RNAV RWY 35R SA CAT I, ILS RWY 35R Rgnl, VOR RWY 12, Amdt 6B (GPS) RWY 9, Amdt 2B CAT II, ILS RWY 35R CAT III, Amdt Jonesboro, AR, Jonesboro Muni, RNAV Tallahassee, FL, Tallahassee Intl, RNAV 5 (GPS) RWY 23, Amdt 1B (GPS) RWY 18, Amdt 2B Louisville, KY, Louisville Muhammad North Little Rock, AR, North Little Rock Tallahassee, FL, Tallahassee Intl, RNAV Ali Intl, Takeoff Minimums and Muni, Takeoff Minimums and (GPS) RWY 27, Amdt 2C Obstacle DP, Amdt 5A Obstacle DP, Orig-A Umatilla, FL, Umatilla Muni, RNAV Williamsburg, KY, Williamsburg- Fresno, CA, Fresno Chandler Executive, (GPS) RWY 1, Orig-B, CANCELLED Whitley County, Takeoff Minimums RNAV (GPS) RWY 12, Amdt 1 Umatilla, FL, Umatilla Muni, RNAV and Obstacle DP, Amdt 2 Fresno, CA, Fresno Chandler Executive, (GPS) RWY 19, Orig-B, CANCELLED Abbeville, LA, Abbeville Chris Crusta RNAV (GPS) RWY 30, Amdt 1 Umatilla, FL, Umatilla Muni, RNAV Memorial, LOC RWY 16, Amdt 1 Fresno, CA, Fresno Chandler Executive, (GPS)-A, Orig Minden, LA, Minden, RNAV (GPS) Takeoff Minimums and Obstacle DP, Umatilla, FL, Umatilla Muni, RNAV RWY 19, Orig-B Amdt 3 (GPS)-B, Orig Pittsfield, MA, Pittsfield Muni, RNAV Fresno, CA, Fresno Chandler Executive, Atlanta, GA, DeKalb-Peachtree, RNAV (GPS) RWY 8, Amdt 1B VOR/DME OR GPS–C, Amdt 5A, (GPS)-A, Orig Easton, MD, Easton/Newnam Field, ILS CANCELLED Cochran, GA, Cochran, RNAV (GPS) OR LOC RWY 4, Amdt 2C Hanford, CA, Hanford Muni, RNAV RWY 29, Amdt 1B Easton, MD, Easton/Newnam Field, LaGrange, GA, LaGrange-Callaway, ILS (GPS) RWY 32, Amdt 2 RNAV (GPS) RWY 15, Orig-C Hanford, CA, Hanford Muni, RNAV OR LOC RWY 31, Amdt 3 Jackman, ME, Newton Field, Takeoff (GPS)-B, Amdt 1 LaGrange, GA, LaGrange-Callaway, Minimums and Obstacle DP, Orig Hanford, CA, Hanford Muni, VOR–A, RNAV (GPS) RWY 3, Amdt 1 Alpena, MI, Alpena County Rgnl, RNAV Amdt 10 LaGrange, GA, LaGrange-Callaway, (GPS) RWY 19, Orig-A Akron, CO, Colorado Plains Rgnl, RNAV RNAV (GPS) RWY 13, Amdt 1 Alpena, MI, Alpena County Rgnl, VOR (GPS) RWY 11, Amdt 2A LaGrange, GA, LaGrange-Callaway, Akron, CO, Colorado Plains Rgnl, RNAV RNAV (GPS) RWY 31, Amdt 1 RWY 19, Amdt 16 (GPS) RWY 29, Amdt 1A LaGrange, GA, LaGrange-Callaway, Bay City, MI, James Clements Muni, Greeley, CO, Greeley-Weld County, Takeoff Minimums and Obstacle DP, RNAV (GPS) RWY 18, Orig-D RNAV (GPS) RWY 28, Amdt 1B Amdt 2 Benton Harbor, MI, Southwest Michigan Salida, CO, Salida Arpt Harriett LaGrange, GA, LaGrange-Callaway, VOR Rgnl, RNAV (GPS) RWY 10, Amdt 1C Alexander Field, RNAV (GPS)-A, RWY 13, Amdt 17 Benton Harbor, MI, Southwest Michigan Orig-A Mason City, IA, Mason City Muni, Rgnl, VOR RWY 28, Amdt 19C Salida, CO, Salida Arpt Harriett RNAV (GPS) RWY 30, Amdt 1C Hancock, MI, Houghton County Alexander Field, Takeoff Minimums Driggs, ID, Driggs-Reed Memorial, Memorial, ILS OR LOC RWY 31, and Obstacle DP, Amdt 1A RNAV (GPS) RWY 4, Amdt 2A Amdt 15A Windsor Locks, CT, Bradley Intl, RNAV Bolingbrook, IL, Bolingbrook’s Clow Hancock, MI, Houghton County (GPS) Y RWY 24, Amdt 4A Intl, RNAV (GPS)-B, Amdt 1B Memorial, LOC BC RWY 13, Amdt Bartow, FL, Bartow Executive, RNAV Bolingbrook, IL, Bolingbrook’s Clow 12A (GPS) RWY 5, Orig-C Intl, VOR–A, Amdt 1B Hancock, MI, Houghton County Bartow, FL, Bartow Executive, RNAV Flora, IL, Flora Muni, RNAV (GPS) RWY Memorial, RNAV (GPS) RWY 31, (GPS) RWY 9L, Amdt 1C 21, Amdt 2D Orig-A Bartow, FL, Bartow Executive, RNAV Indianapolis, IN, Indianapolis Hancock, MI, Houghton County (GPS) RWY 23, Orig-C Metropolitan, RNAV (GPS) RWY 15, Memorial, VOR RWY 25, Amdt 17C Bartow, FL, Bartow Executive, RNAV Amdt 2 Fergus Falls, MN, Fergus Falls Muni- (GPS) RWY 27R, Amdt 1B Marion, IN, Marion Muni, RNAV (GPS) Einar Mickelson Fld, RNAV (GPS) Bartow, FL, Bartow Executive, Takeoff RWY 15, Amdt 1 RWY 31, Orig-A Minimums and Obstacle DP, Orig-A Coffeyville, KS, Coffeyville Muni, Grand Marais, MN, Grand Marais/Cook Bartow, FL, Bartow Executive, VOR RNAV (GPS) RWY 17, Orig County, NDB RWY 28, Amdt 1B RWY 9L, Amdt 2E Colby, KS, Shalz Field, RNAV (GPS) Grand Marais, MN, Grand Marais/Cook Keystone Heights, FL, Keystone Airpark, RWY 17, Amdt 1A County, RNAV (GPS) RWY 28, Amdt RNAV (GPS) RWY 5, Orig-A Elkhart, KS, Elkhart-Morton County, 3A Keystone Heights, FL, Keystone Airpark, RNAV (GPS) RWY 35, Amdt 1B Warren, MN, Warren Muni, RNAV VOR/DME RWY 5, Amdt 1, Lawrence, KS, Lawrence Muni, RNAV (GPS) RWY 30, Orig-A CANCELLED (GPS) RWY 15, Orig-C Camdenton, MO, Camdenton Memorial- Miami, FL, Miami Intl, ILS OR LOC Louisville, KY, Bowman Field, RNAV Lake Rgnl, VOR–A, Amdt 6 RWY 26L, Amdt 16A (GPS) RWY 33, Orig-C Eldon, MO, Eldon Model Airpark, Orlando, FL, Kissimmee Gateway, Louisville, KY, Louisville Muhammad RNAV (GPS) RWY 18, Orig-B Takeoff Minimums and Obstacle DP, Ali Intl, ILS OR LOC RWY 17L, Amdt Eldon, MO, Eldon Model Airpark, Orig-A 5 RNAV (GPS) RWY 36, Orig-B

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Eldon, MO, Eldon Model Airpark, Kearney, NE, Kearney Rgnl, RNAV Darlington, SC, Darlington County, Takeoff Minimums and Obstacle DP, (GPS) RWY 36, Amdt 2 VOR–A, Amdt 7B Orig-A Kearney, NE, Kearney Rgnl, Takeoff Milbank, SD, Milbank Muni, RNAV Fort Leonard Wood, MO, Waynesville- Minimums and Obstacle DP, Amdt 2 (GPS) RWY 31, Orig-A St Robert Rgnl Forney Fld, ILS OR Kearney, NE, Kearney Rgnl, VOR RWY Paris, TN, Henry County, RNAV (GPS) LOC RWY 15, Amdt 2 18, Amdt 14 RWY 20, Amdt 1A Fort Leonard Wood, MO, Waynesville- Minden, NE, Pioneer Village Field, Sparta, TN, Upper Cumberland Rgnl, St Robert Rgnl Forney Fld, NDB RWY VOR–A, Amdt 1 ILS OR LOC RWY 4, Amdt 1B 32, Orig-B, CANCELLED Belmar/Farmingdale, NJ, Monmouth Sparta, TN, Upper Cumberland Rgnl, Fort Leonard Wood, MO, Waynesville- Executive, RNAV (GPS) RWY 14, NDB RWY 4, Amdt 4B St Robert Rgnl Forney Fld, RNAV Orig-D Sparta, TN, Upper Cumberland Rgnl, (GPS) RWY 15, Amdt 1 Belmar/Farmingdale, NJ, Monmouth RNAV (GPS) RWY 4, Orig-D Fort Leonard Wood, MO, Waynesville- Executive, RNAV (GPS) RWY 32, Angleton/Lake Jackson, TX, Texas Gulf St Robert Rgnl Forney Fld, RNAV Orig-C Coast Rgnl, ILS OR LOC RWY 17, (GPS) RWY 33, Amdt 1 Belmar/Farmingdale, NJ, Monmouth Amdt 6 Fort Leonard Wood, MO, Waynesville- Executive, VOR–A, Amdt 3C Crosbyton, TX, Crosbyton Muni, RNAV St Robert Rgnl Forney Fld, VOR RWY Lakewood, NJ, Lakewood, VOR RWY 6, (GPS) RWY 17, Amdt 1 15, Amdt 1 Amdt 6B, CANCELLED Dallas, TX, Dallas Love Field, ILS Y OR Fort Leonard Wood, MO, Waynesville- Artesia, NM, Artesia Muni, RNAV (GPS) LOC Y RWY 13R, Amdt 6B St Robert Rgnl Forney Fld, VOR RWY RWY 22, Amdt 1B Dallas-Fort Worth, TX, Dallas-Fort 33, Amdt 1 Artesia, NM, Artesia Muni, Takeoff Worth Intl, ILS OR LOC RWY 13R, Moberly, MO, Omar N Bradley, RNAV Minimums and Obstacle DP, Amdt 1A ILS RWY 13R SA CAT I, ILS RWY Buffalo, NY, Buffalo Niagara Intl, ILS (GPS) RWY 31, Orig-B 13R SA CAT II, Amdt 9B Hattiesburg-Laurel, MS, Hattiesburg- OR LOC RWY 23, ILS RWY 23 SA Georgetown, TX, Georgetown Muni, Laurel Rgnl, ILS OR LOC RWY 18, CAT 1, Amdt 33 RNAV (GPS) RWY 18, Amdt 2A Glens Falls, NY, Floyd Bennett Amdt 7C Georgetown, TX, Georgetown Muni, Memorial, RNAV (GPS) RWY 30, Tupelo, MS, Tupelo Rgnl, NDB RWY 36, RNAV (GPS) RWY 36, Amdt 2A Orig-C Harlingen, TX, Valley Intl, Takeoff Amdt 5B Cleveland, OH, Cleveland-Hopkins Intl, Glasgow, MT, Wokal Field/Glasgow- Minimums and Obstacle DP, Orig-A RNAV (GPS) Y RWY 24R, Amdt 5 Houston, TX, Ellington, ILS Z OR LOC Valley County, RNAV (GPS) RWY 12, Newark, OH, Newark-Heath, VOR–A, Z RWY 17R, Amdt 7 Orig-B Amdt 13A Houston, TX, Ellington, ILS Z OR LOC Glasgow, MT, Wokal Field/Glasgow- Shelby, OH, Shelby Community, Z RWY 22, Amdt 4 Valley County, RNAV (GPS) RWY 30, Takeoff Minimums and Obstacle DP, Houston, TX, Ellington, ILS Z OR LOC Orig-B Amdt 2A Z RWY 35L, Amdt 7 Glasgow, MT, Wokal Field/Glasgow- Urbana, OH, Grimes Field, RNAV (GPS) Houston, TX, Ellington, RNAV (GPS) Valley County, Takeoff Minimums RWY 2, Amdt 1B RWY 22, Amdt 2D and Obstacle DP, Orig-A Elk City, OK, Elk City Rgnl Business, Houston, TX, Sugar Land Rgnl, RNAV Glasgow, MT, Wokal Field/Glasgow- RNAV (GPS) RWY 17, Amdt 2A (GPS) RWY 17, Amdt 2A Valley County, VOR RWY 12, Amdt Elk City, OK, Elk City Rgnl Business, Kenedy, TX, Kenedy Rgnl, RNAV (GPS) 3B RNAV (GPS) RWY 35, Amdt 2A RWY 16, Orig-C Glasgow, MT, Wokal Field/Glasgow- Stigler, OK, Stigler Rgnl, RNAV (GPS) Kenedy, TX, Kenedy Rgnl, RNAV (GPS) Valley County, VOR RWY 30, Amdt RWY 35, Amdt 1C RWY 34, Orig-B 4B Newport, OR, Newport Muni, VOR Kenedy, TX, Kenedy Rgnl, Takeoff Raleigh/Durham, NC, Raleigh-Durham RWY 16, Amdt 9B Minimums and Obstacle DP, Amdt 2A Intl, VOR RWY 5R, Amdt 13F Portland, OR, Portland Intl, RNAV Kenedy, TX, Kenedy Rgnl, VOR–A, Beach, ND, Beach, RNAV (GPS) RWY (RNP) Z RWY 28R, Amdt 1C Amdt 7A 12, Orig-A Johnstown, PA, John Murtha Johnstown- Palestine, TX, Palestine Muni, VOR Beach, ND, Beach, RNAV (GPS) RWY Cambria Co, ILS OR LOC RWY 33, RWY 18, Amdt 6 30, Orig-A Amdt 7B Taylor, TX, Taylor Muni, VOR RWY 17, Kenmare, ND, Kenmare Muni, RNAV Johnstown, PA, John Murtha Johnstown- Amdt 1C (GPS) RWY 26, Orig-B Cambria Co, VOR RWY 5, Amdt 6A Temple, TX, Draughon-Miller Central Mohall, ND, Mohall Muni, RNAV (GPS) Johnstown, PA, John Murtha Johnstown- Texas Rgnl, ILS OR LOC RWY 15, RWY 31, Orig-A Cambria Co, VOR Y RWY 15, Amdt Amdt 13 Mohall, ND, Mohall Muni, VOR/DME– 9A Temple, TX, Draughon-Miller Central A, Orig, CANCELLED Johnstown, PA, John Murtha Johnstown- Texas Rgnl, RNAV (GPS) RWY 2, Rugby, ND, Rugby Muni, RNAV (GPS) Cambria Co, VOR Y RWY 23, Amdt Amdt 1, CANCELLED RWY 12, Orig-C 8B Temple, TX, Draughon-Miller Central Gothenburg, NE, Gothenburg Muni, Johnstown, PA, John Murtha Johnstown- Texas Rgnl, RNAV (GPS) RWY 15, VOR–A, Amdt 3C Cambria Co, VOR Z RWY 15, Amdt Amdt 2A Hastings, NE, Hastings Muni, VOR RWY 7A Temple, TX, Draughon-Miller Central 14, Amdt 17 Selinsgrove, PA, Penn Valley, RNAV Texas Rgnl, RNAV (GPS) RWY 33, Holdrege, NE, Brewster Field, VOR–A, (GPS) RWY 17, Amdt 1A Amdt 2A Amdt 3A Selinsgrove, PA, Penn Valley, RNAV Temple, TX, Draughon-Miller Central Kearney, NE, Kearney Rgnl, ILS OR LOC (GPS) RWY 35, Orig-A Texas Rgnl, VOR RWY 33, Amdt 4A, RWY 36, Amdt 3 Selinsgrove, PA, Penn Valley, VOR–A, CANCELLED Kearney, NE, Kearney Rgnl, RNAV Amdt 7D Tyler, TX, Tyler Pounds Rgnl, ILS OR (GPS) RWY 13, Orig-C Wilkes-Barre, PA, Wilkes-Barre LOC RWY 13, Amdt 22, CANCELLED Kearney, NE, Kearney Rgnl, RNAV Wyoming Valley, RNAV (GPS) RWY Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) RWY 18, Amdt 1 7, Orig-B (GPS) RWY 22, Amdt 3A

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Tyler, TX, Tyler Pounds Rgnl, VOR Clarksburg, WV, North Central West For Examination RWY 4, Amdt 5A Virginia, RNAV (GPS) RWY 3, Amdt 1. U.S. Department of Transportation, Tyler, TX, Tyler Pounds Rgnl, VOR 2A Docket Ops-M30, 1200 New Jersey RWY 31, Amdt 3A Clarksburg, WV, North Central West Avenue SE, West Bldg., Ground Floor, Van Horn, TX, Culberson County, Virginia, RNAV (GPS) RWY 21, Amdt Washington, DC 20590–0001; JURDU ONE, Graphic DP 2A 2. The FAA Air Traffic Organization Van Horn, TX, Culberson County, Martinsburg, WV, Eastern WV Rgnl/ Service Area in which the affected Takeoff Minimums and Obstacle DP, Shepherd Fld, RNAV (GPS) RWY 8, airport is located; Amdt 1 Amdt 1C 3. The office of Aeronautical Waco, TX, TSTC Waco, NDB RWY 35R, Rawlins, WY, Rawlins Muni/Harvey Navigation Products, 6500 South Amdt 12 Field, Takeoff Minimums and MacArthur Blvd., Oklahoma City, OK Waco, TX, TSTC Waco, RNAV (GPS) Obstacle DP, Amdt 6 73169 or, RWY 35R, Amdt 2 Sheridan, WY, Sheridan County, RNAV Waco, TX, Waco Rgnl, VOR RWY 14, (GPS) RWY 15, Amdt 1A 4. The National Archives and Records Amdt 23C Sheridan, WY, Sheridan County, Administration (NARA). For Beaver, UT, Beaver Muni, RNAV (GPS)- information on the availability of this A, Orig-A Takeoff Minimums and Obstacle DP, Amdt 4A material at NARA, call 202–741–6030, Bryce Canyon, UT, Bryce Canyon, or go to: http://www.archives.gov/ RNAV (GPS) RWY 3, Orig-D [FR Doc. 2019–14130 Filed 7–3–19; 8:45 am] federal_register/code_of_federal_ Heber, UT, Heber Valley, RNAV (GPS)- BILLING CODE 4910–13–P regulations/ibr_locations.html. A, Amdt 3A Heber, UT, Heber Valley, Takeoff Availability Minimums and Obstacle DP, Amdt 4A DEPARTMENT OF TRANSPORTATION All SIAPs and Takeoff Minimums and Hot Springs, VA, Ingalls Field, ILS OR Federal Aviation Administration ODPs are available online free of charge. LOC RWY 25, Amdt 5 Visit the National Flight Data Center Louisa, VA, Louisa County/Freeman 14 CFR Part 97 online at nfdc.faa.gov to register. Field, LOC RWY 27, Amdt 4 Additionally, individual SIAP and Louisa, VA, Louisa County/Freeman Takeoff Minimums and ODP copies may Field, RNAV (GPS) RWY 9, Amdt 1 [Docket No. 31257; Amdt. No. 3856] be obtained from the FAA Air Traffic Louisa, VA, Louisa County/Freeman Organization Service Area in which the Field, RNAV (GPS) RWY 27, Amdt 2 Standard Instrument Approach Norfolk, VA, Hampton Roads Executive, Procedures, and Takeoff Minimums affected airport is located. RNAV (GPS) RWY 10, Amdt 1 and Obstacle Departure Procedures; FOR FURTHER INFORMATION CONTACT: Norfolk, VA, Hampton Roads Executive, Miscellaneous Amendments Thomas J. Nichols, Flight Procedures RNAV (GPS) RWY 28, Orig and Airspace Group, Flight Roanoke, VA, Roanoke-Blacksburg Rgnl/ AGENCY: Federal Aviation Technologies and Procedures Division, Woodrum Field, Takeoff Minimums Administration (FAA), DOT. Flight Standards Service, Federal and Obstacle DP, Amdt 11A ACTION: Final rule. Aviation Administration. Mailing Roanoke, VA, Roanoke-Blacksburg Rgnl/ Address: FAA Mike Monroney Woodrum Field, VOR/DME–A, Amdt SUMMARY: This rule amends, suspends, Aeronautical Center, Flight Procedures 7B or removes Standard Instrument and Airspace Group, 6500 South Winchester, VA, Winchester Rgnl, Approach Procedures (SIAPs) and MacArthur Blvd., Registry Bldg. 29, RNAV (GPS) RWY 14, Amdt 1B associated Takeoff Minimums and Room 104, Oklahoma City, OK 73125. Bellingham, WA, Bellingham Intl, ILS Obstacle Departure Procedures for Telephone: (405) 954–4164. OR LOC RWY 16, ILS RWY 16 SA operations at certain airports. These SUPPLEMENTARY INFORMATION: This rule regulatory actions are needed because of CAT I, Amdt 8A amends Title 14, Code of Federal Bellingham, WA, Bellingham Intl, the adoption of new or revised criteria, Regulations, Part 97 (14 CFR part 97) by RNAV (GPS) Y RWY 16, Amdt 3C or because of changes occurring in the amending the referenced SIAPs. The Bellingham, WA, Bellingham Intl, National Airspace System, such as the complete regulatory description of each RNAV (RNP) Z RWY 16, Amdt 1A commissioning of new navigational SIAP is listed on the appropriate FAA Bellingham, WA, Bellingham Intl, facilities, adding new obstacles, or Form 8260, as modified by the National RNAV (RNP) Z RWY 34, Amdt 1A changing air traffic requirements. These Flight Data Center (NFDC)/Permanent Chetek, WI, Chetek Muni-Southworth, changes are designed to provide for the Notice to Airmen (P–NOTAM), and is RNAV (GPS) RWY 35, Orig-D safe and efficient use of the navigable incorporated by reference under 5 Kenosha, WI, Kenosha Rgnl, RNAV airspace and to promote safe flight U.S.C. 552(a), 1 CFR part 51, and 14 (GPS) RWY 15, Orig-B operations under instrument flight rules CFR 97.20. The large number of SIAPs, Mosinee, WI, Central Wisconsin, ILS OR at the affected airports. LOC RWY 8, Amdt 14A their complex nature, and the need for DATES: Mosinee, WI, Central Wisconsin, RNAV This rule is effective July 5, a special format make their verbatim (GPS) RWY 8, Amdt 1D 2019. The compliance date for each publication in the Federal Register Wausau, WI, Wausau Downtown, RNAV SIAP, associated Takeoff Minimums, expensive and impractical. Further, (GPS) RWY 13, Amdt 1B and ODP is specified in the amendatory airmen do not use the regulatory text of Wausau, WI, Wausau Downtown, RNAV provisions. the SIAPs, but refer to their graphic (GPS) RWY 31, Amdt 1A The incorporation by reference of depiction on charts printed by Wisconsin Rapids, WI, Alexander Field certain publications listed in the publishers of aeronautical materials. South Wood County, RNAV (GPS) regulations is approved by the Director Thus, the advantages of incorporation RWY 2, Orig-B of the Federal Register as of July 5, 2019. by reference are realized and Clarksburg, WV, North Central West ADDRESSES: Availability of matter publication of the complete description Virginia, ILS OR LOC RWY 21, Amdt incorporated by reference in the of each SIAP contained on FAA form 4A amendment is as follows: documents is unnecessary.

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This amendment provides the affected amendments in this rule have been List of Subjects in 14 CFR Part 97 CFR sections, and specifies the SIAPs previously issued by the FAA in a FDC Air traffic control, Airports, and Takeoff Minimums and ODPs with NOTAM as an emergency action of Incorporation by reference, Navigation their applicable effective dates. This immediate flight safety relating directly (air). amendment also identifies the airport to published aeronautical charts. Issued in Washington, DC, on May 31, and its location, the procedure and the The circumstances that created the amendment number. 2019. need for these SIAP and Takeoff Rick Domingo, Minimums and ODP amendments Availability and Summary of Material Executive Director, Flight Standards Service. Incorporated by Reference require making them effective in less The material incorporated by than 30 days. Adoption of the Amendment reference is publicly available as listed Because of the close and immediate Accordingly, pursuant to the in the ADDRESSES section. relationship between these SIAPs, authority delegated to me, Title 14, The material incorporated by Takeoff Minimums and ODPs, and Code of Federal regulations, Part 97, (14 reference describes SIAPs, Takeoff safety in air commerce, I find that notice CFR part 97), is amended by amending Minimums and ODPs as identified in and public procedure under 5 U.S.C. Standard Instrument Approach the amendatory language for part 97 of 553(b) are impracticable and contrary to Procedures and Takeoff Minimums and this final rule. the public interest and, where ODPs, effective at 0901 UTC on the The Rule applicable, under 5 U.S.C. 553(d), good dates specified, as follows: cause exists for making these SIAPs This amendment to 14 CFR part 97 is effective in less than 30 days. PART 97—STANDARD INSTRUMENT effective upon publication of each APPROACH PROCEDURES separate SIAP and Takeoff Minimums The FAA has determined that this and ODP as amended in the transmittal. regulation only involves an established ■ 1. The authority citation for part 97 For safety and timeliness of change body of technical regulations for which continues to read as follows: frequent and routine amendments are considerations, this amendment Authority: 49 U.S.C. 106(f), 106(g), 40103, incorporates only specific changes necessary to keep them operationally 40106, 40113, 40114, 40120, 44502, 44514, contained for each SIAP and Takeoff current. It, therefore—(1) is not a 44701, 44719, 44721–44722. Minimums and ODP as modified by ‘‘significant regulatory action’’ under ■ 2. Part 97 is amended to read as FDC permanent NOTAMs. Executive Order 12866; (2) is not a The SIAPs and Takeoff Minimums ‘‘significant rule’’ under DOT regulatory follows: and ODPs, as modified by FDC Policies and Procedures (44 FR 11034; By amending: § 97.23 VOR, VOR/ permanent NOTAM, and contained in February 26, 1979); and (3) does not DME, VOR or TACAN, and VOR/DME this amendment are based on the warrant preparation of a regulatory or TACAN; § 97.25 LOC, LOC/DME, criteria contained in the U.S. Standard evaluation as the anticipated impact is LDA, LDA/DME, SDF, SDF/DME; for Terminal Instrument Procedures so minimal. For the same reason, the § 97.27 NDB, NDB/DME; § 97.29 ILS, (TERPS). In developing these changes to FAA certifies that this amendment will ILS/DME, MLS, MLS/DME, MLS/RNAV; SIAPs and Takeoff Minimums and not have a significant economic impact § 97.31 RADAR SIAPs; § 97.33 RNAV ODPs, the TERPS criteria were applied on a substantial number of small entities SIAPs; and § 97.35 COPTER SIAPs, only to specific conditions existing at under the criteria of the Regulatory Identified as follows: the affected airports. All SIAP Flexibility Act. * * * Effective Upon Publication

AIRAC date State City Airport FDC No. FDC date Subject

18–Jul–19 ..... TX Paris ...... Cox Field ...... 9/3372 5/23/19 VOR RWY 35, Amdt 2. 18–Jul–19 ..... SD Martin ...... Martin Muni ...... 9/8802 5/23/19 RNAV (GPS) RWY 32, Amdt 1. 18–Jul–19 ..... MA Fitchburg ...... Fitchburg Muni ...... 9/8831 5/23/19 RNAV (GPS) RWY 32, Orig-D. 18–Jul–19 ..... MA Fitchburg ...... Fitchburg Muni ...... 9/8832 5/23/19 RNAV (GPS) RWY 14, Orig-C.

[FR Doc. 2019–14128 Filed 7–3–19; 8:45 am] SUMMARY: This rule establishes, amends, DATES: This rule is effective July 5, BILLING CODE 4910–13–P suspends, or removes Standard 2019. The compliance date for each Instrument Approach Procedures SIAP, associated Takeoff Minimums, (SIAPs) and associated Takeoff and ODP is specified in the amendatory DEPARTMENT OF TRANSPORTATION Minimums and Obstacle Departure provisions. Procedures (ODPs) for operations at Federal Aviation Administration The incorporation by reference of certain airports. These regulatory certain publications listed in the actions are needed because of the 14 CFR Part 97 regulations is approved by the Director adoption of new or revised criteria, or of the Federal Register as of July 5, 2019. [Docket No. 31258; Amdt. No. 3857] because of changes occurring in the National Airspace System, such as the ADDRESSES: Availability of matters Standard Instrument Approach commissioning of new navigational incorporated by reference in the Procedures, and Takeoff Minimums facilities, adding new obstacles, or amendment is as follows: and Obstacle Departure Procedures; changing air traffic requirements. These For Examination Miscellaneous Amendments changes are designed to provide safe AGENCY: Federal Aviation and efficient use of the navigable 1. U.S. Department of Transportation, Administration (FAA), DOT. airspace and to promote safe flight Docket Ops–M30, 1200 New Jersey operations under instrument flight rules Avenue SE, West Bldg., Ground Floor, ACTION: Final rule. at the affected airports. Washington, DC 20590–0001.

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2. The FAA Air Traffic Organization documents is unnecessary. This Regulatory Policies and Procedures (44 Service Area in which the affected amendment provides the affected CFR FR 11034; February 26,1979); and (3) airport is located; sections and specifies the types of does not warrant preparation of a 3. The office of Aeronautical SIAPs, Takeoff Minimums and ODPs regulatory evaluation as the anticipated Navigation Products, 6500 South with their applicable effective dates. impact is so minimal. For the same MacArthur Blvd., Oklahoma City, OK This amendment also identifies the reason, the FAA certifies that this 73169 or, airport and its location, the procedure, amendment will not have a significant 4. The National Archives and Records and the amendment number. economic impact on a substantial Administration (NARA). For Availability and Summary of Material number of small entities under the information on the availability of this Incorporated by Reference criteria of the Regulatory Flexibility Act. material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ The material incorporated by List of Subjects in 14 CFR Part 97 federal_register/code_of_federal_ reference is publicly available as listed Air traffic control, Airports, regulations/ibr_locations.html. in the ADDRESSES section. Incorporation by reference, Navigation The material incorporated by (air). Availability reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in Issued in Washington, DC on June 14, All SIAPs and Takeoff Minimums and 2019. ODPs are available online free of charge. the amendatory language for part 97 of Rick Domingo, Visit the National Flight Data Center at this final rule. Executive Director, Flight Standards Service. nfdc.faa.gov to register. Additionally, The Rule individual SIAP and Takeoff Minimums Adoption of the Amendment and ODP copies may be obtained from This amendment to 14 CFR part 97 is Accordingly, pursuant to the the FAA Air Traffic Organization effective upon publication of each authority delegated to me, Title 14, Service Area in which the affected separate SIAP, Takeoff Minimums and Code of Federal Regulations, Part 97 (14 airport is located. ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and CFR part 97) is amended by FOR FURTHER INFORMATION CONTACT: textual ODP amendments may have establishing, amending, suspending, or Thomas J. Nichols, Flight Procedures been issued previously by the FAA in a removing Standard Instrument and Airspace Group, Flight Flight Data Center (FDC) Notice to Approach Procedures and/or Takeoff Technologies and Procedures Division, Airmen (NOTAM) as an emergency Minimums and Obstacle Departure Flight Standards Service, Federal action of immediate flight safety relating Procedures effective at 0901 UTC on the Aviation Administration. Mailing directly to published aeronautical dates specified, as follows: Address: FAA Mike Monroney charts. Aeronautical Center, Flight Procedures The circumstances that created the PART 97—STANDARD INSTRUMENT and Airspace Group, 6500 South need for some SIAP and Takeoff APPROACH PROCEDURES MacArthur Blvd., Registry Bldg. 29 Minimums and ODP amendments may Room 104, Oklahoma City, OK 73125. ■ 1. The authority citation for part 97 require making them effective in less Telephone: (405) 954–4164. continues to read as follows: than 30 days. For the remaining SIAPs SUPPLEMENTARY INFORMATION: This rule and Takeoff Minimums and ODPs, an Authority: 49 U.S.C. 106(f), 106(g), 40103, amends Title 14 of the Code of Federal effective date at least 30 days after 40106, 40113, 40114, 40120, 44502, 44514, Regulations, Part 97 (14 CFR part 97), by publication is provided. 44701, 44719, 44721–44722. establishing, amending, suspending, or Further, the SIAPs and Takeoff ■ 2. Part 97 is amended to read as removes SIAPS, Takeoff Minimums Minimums and ODPs contained in this follows: and/or ODPS. The complete regulatory amendment are based on the criteria Effective 15 August 2019 description of each SIAP and its contained in the U.S. Standard for associated Takeoff Minimums or ODP Terminal Instrument Procedures Fairbanks, AK, Fairbanks Intl, Takeoff for an identified airport is listed on FAA (TERPS). In developing these SIAPs and Minimums and Obstacle DP, Amdt 6A form documents which are incorporated Takeoff Minimums and ODPs, the Kenai, AK, Kenai Muni, ILS Y OR LOC by reference in this amendment under 5 TERPS criteria were applied to the Y RWY 20R, Orig U.S.C. 552(a), 1 CFR part 51, and 14 conditions existing or anticipated at the Kenai, AK, Kenai Muni, ILS Z OR LOC CFR part 97.20. The applicable FAA affected airports. Because of the close Z RWY 20R, Amdt 7 forms are FAA Forms 8260–3, 8260–4, and immediate relationship between Koyukuk, AK, Koyukuk, RNAV (GPS) 8260–5, 8260–15A, and 8260–15B when these SIAPs, Takeoff Minimums and RWY 6, Orig-A required by an entry on 8260–15A. ODPs, and safety in air commerce, I find Koyukuk, AK, Koyukuk, RNAV (GPS) The large number of SIAPs, Takeoff that notice and public procedure under RWY 24, Orig-A Minimums and ODPs, their complex 5 U.S.C. 553(b) are impracticable and Shaktoolik, AK, Shaktoolik, RNAV nature, and the need for a special format contrary to the public interest and, (GPS) RWY 15, Amdt 2 make publication in the Federal where applicable, under 5 U.S.C. 553(d), Shaktoolik, AK, Shaktoolik, RNAV Register expensive and impractical. good cause exists for making some (GPS) RWY 33, Amdt 1 Further, airmen do not use the SIAPs effective in less than 30 days. Shaktoolik, AK, Shaktoolik, Takeoff regulatory text of the SIAPs, Takeoff The FAA has determined that this Minimums and Obstacle DP, Amdt 1 Minimums or ODPs, but instead refer to regulation only involves an established Fayette, AL, Richard Arthur Field, their graphic depiction on charts body of technical regulations for which RNAV (GPS) RWY 19, Amdt 1D printed by publishers of aeronautical frequent and routine amendments are Lawrence, MA, Lawrence Muni, RNAV materials. Thus, the advantages of necessary to keep them operationally (GPS) RWY 5, Amdt 2 incorporation by reference are realized current. It, therefore—(1) is not a Lawrence, MA, Lawrence Muni, VOR and publication of the complete ‘‘significant regulatory action’’ under RWY 23, Amdt 12A, CANCELLED description of each SIAP, Takeoff Executive Order 12866; (2) is not a Auburn, NE, Farington Field, RNAV Minimums and ODP listed on FAA form ‘‘significant rule’’ under DOT (GPS) RWY 34, Orig-A

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Cincinnati, OH, Cincinnati Muni SECURITIES AND EXCHANGE SUPPLEMENTARY INFORMATION: We are Airport Lunken Field, Takeoff COMMISSION adopting amendments to 17 CFR 210.2– Minimums and Obstacle DP, 01 (‘‘Rule 2–01 of Regulation S–X’’). 17 CFR Part 210 Amdt 15 Table of Contents Pendleton, OR, Eastern Oregon Rgnl at [Release No. 33–10648; 34–86127; FR–85; I. Introduction Pendleton, ILS OR LOC RWY 25, IA–5255; IC–33511; File No. S7–10–18] II. Final Amendments Amdt 25B A. Overview of the Final Amendments RIN 3235–AM01 B. Focus the Analysis on Beneficial Pendleton, OR, Eastern Oregon Rgnl at Ownership Pendleton, RNAV (GPS) RWY 7, Orig- Auditor Independence With Respect to 1. Proposed Amendments A Certain Loans or Debtor-Creditor 2. Comments Relationships 3. Final Amendments Pendleton, OR, Eastern Oregon Rgnl at C. Significant Influence Test Pendleton, RNAV (GPS) RWY 11, AGENCY: Securities and Exchange 1. Proposed Amendments Orig-A Commission. 2. Comments 3. Final Amendments Pendleton, OR, Eastern Oregon Rgnl at ACTION: Final rule. D. Reasonable Inquiry Compliance Pendleton, RNAV (GPS) RWY 25, Threshold SUMMARY: The Securities and Exchange Orig-C 1. Proposed Amendments Commission (‘‘Commission’’) is Pendleton, OR, Eastern Oregon Rgnl at 2. Comments adopting amendments to its auditor 3. Final Amendments Pendleton, RNAV (GPS) RWY 29, independence rules to refocus the Orig-A E. Excluding Other Funds That Would Be analysis that must be conducted to Considered Affiliates of the Audit Client Pendleton, OR, Eastern Oregon Rgnl at determine whether an auditor is 1. Proposed Amendments Pendleton, VOR RWY 7, Amdt 15A independent when the auditor has a 2. Comments 3. Final Amendments Johnstown, PA, John Murtha Johnstown- lending relationship with certain shareholders of an audit client at any F. Other Comments Cambria Co, RNAV (GPS) RWY 15, 1. Materiality Qualifier Amdt 1A time during an audit or professional 2. Other Potential Changes to the Auditor engagement period. The amendments Johnstown, PA, John Murtha Johnstown- Independence Rules focus the analysis on beneficial III. Other Matters Cambria Co, RNAV (GPS) RWY 33, ownership rather than on both record IV. Paperwork Reduction Act Amdt 1A and beneficial ownership; replace the V. Economic Analysis Johnstown, PA, John Murtha Johnstown- existing 10 percent bright-line A. General Economic Considerations Cambria Co, VOR Z RWY 23, Amdt shareholder ownership test with a B. Baseline ‘‘significant influence’’ test; add a C. Anticipated Benefits and Costs 4B 1. Anticipated Benefits ‘‘known through reasonable inquiry’’ Wilkes-Barre/Scranton, PA, Wilkes- 2. Anticipated Costs and Potential standard with respect to identifying Barre/Scranton Intl, ILS OR LOC RWY Unintended Consequences beneficial owners of the audit client’s 22, Amdt 10 D. Effects on Efficiency, Competition, and equity securities; and exclude from the Capital Formation Ponce, PR, Mercedita, Takeoff definition of ‘‘audit client,’’ for a fund E. Alternatives Minimums and Obstacle DP, Amdt 6 under audit, any other funds, that VI. Final Regulatory Flexibility Analysis A. Need for the Amendments Humboldt, TN, Humboldt Muni, RNAV otherwise would be considered affiliates of the audit client under the rules for B. Significant Issues Raised by Public (GPS) RWY 4, Orig-A Comment certain lending relationships. The C. Small Entities Subject to the Final Rules Paris, TN, Henry County, RNAV (GPS) amendments will more effectively RWY 2, Orig-A D. Projected Reporting, Recordkeeping and identify debtor-creditor relationships Other Compliance Requirements Abilene, TX, Abilene Rgnl, LOC RWY that could impair an auditor’s E. Agency Action To Minimize Effect on 17R, Orig-B objectivity and impartiality, as opposed Small Entities to certain more attenuated relationships VII. Codification Update Dallas, TX, Dallas Love Field, ILS Y OR VIII. Statutory Basis LOC Y RWY 13L, ILS Y RWY 13L SA that are unlikely to pose such threats, CAT I, ILS Y RWY 13L SA CAT II, and thus will focus the analysis on I. Introduction those borrowing relationships that are Amdt 34 important to investors. The Commission’s auditor Dallas, TX, Dallas Love Field, RNAV independence standard set forth in Rule DATES: The final rules are effective on (GPS) Z RWY 13L, Amdt 4 2–01 of Regulation S–X requires October 3, 2019. auditors 1 to be independent of their Eagle Pass, TX, Maverick County FOR FURTHER INFORMATION CONTACT: audit clients both ‘‘in fact and in Memorial Intl, RNAV (GPS) RWY 13, Peggy Kim, Senior Special Counsel, appearance.’’ 2 Rule 2–01(b) provides Amdt 1A Office of the Chief Accountant, or Giles that the Commission will not recognize Morrisville, VT, Morrisville-Stowe T. Cohen, Acting Chief Counsel, at (202) State, RNAV (GPS)-A, Amdt 1 551–5300; Daniel Rooney, Assistant 1 Rule 2–01 refers to ‘‘accountants’’ rather than Chief Accountant, Chief Accountant’s ‘‘auditors.’’ We use these terms interchangeably in Spokane, WA, Felts Field, RNAV (GPS)- Office, Division of Investment this Release. A, Amdt 1A, CANCELLED 2 Management, at (202) 551–6918; or Joel See Preliminary Note 1 to Rule 2–01 and Rule [FR Doc. 2019–14129 Filed 7–3–19; 8:45 am] 2–01(b) of Regulation S–X. See also United States Cavanaugh, Senior Counsel, Investment v. Arthur Young & Co., 465 U.S. 805, 819 n.15 BILLING CODE 4910–13–P Company Regulation Office, Division of (1984) (‘‘It is therefore not enough that financial Investment Management, at (202) 551– statements be accurate; the public must also perceive them as being accurate. Public faith in the 6792, U.S. Securities and Exchange reliability of a corporation’s financial statements Commission, 100 F Street NE, depends upon the public perception of the outside Washington, DC 20549. auditor as an independent professional.’’).

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an accountant as independent with standard in Rule 2–01(b), including record or beneficial owners of more than respect to an audit client if the certain direct financial relationships 10 percent of the audit client’s equity accountant is not (or if a reasonable between an accountant and audit client securities.7 Simply because a lender to investor with knowledge of all relevant and other circumstances where the an auditor holds 10 percent or less of an facts and circumstances would conclude accountant has a financial interest in the audit client’s equity securities does not, that the accountant is not) capable of audit client.5 In particular, the existing in itself, establish that the auditor is exercising objective and impartial restriction on debtor-creditor independent under Rule 2–01 of judgment on all issues encompassed relationships in Rule 2–01(c)(1)(ii)(A) Regulation S–X. The general standard within the accountant’s engagement.3 (the ‘‘Loan Provision’’) generally under Rule 2–01(b) and the remainder Furthermore, in determining whether an provides that an accountant is not of Rule 2–01(c) still apply to auditors accountant is independent, the independent when (a) the accounting and their audit clients regardless of the Commission will consider all relevant firm, (b) any covered person 6 in the applicability of the Loan Provision. circumstances, including all accounting firm (e.g., the audit In the below illustration, pursuant to relationships between an accountant engagement team and those in the chain the Loan Provision, a lending and the audit client.4 of command), or (c) any of the covered relationship between any entity in the Rule 2–01(c) sets forth a nonexclusive person’s immediate family members has left hand column and any entity in the list of circumstances that the any loan (including any margin loan) to right-hand column impairs Commission considers to be or from (x) an audit client, or (y) an independence, unless an exception inconsistent with the independence audit client’s officers, directors, or (z) applies.

When the Commission proposed the beyond loans directly between the beneficial owner of more than 10 Loan Provision in 2000, it noted that a auditor and its audit client to loans percent of an audit client’s equity debtor-creditor relationship between an between the auditor and those securities.10 auditor and its audit client reasonably shareholders of the audit client who Under Rule 2–01(f)(6) of Regulation could be viewed as ‘‘creating a self- have a ‘‘special and influential role’’ S–X, the term ‘‘audit client’’ is defined 9 interest that competes with the auditor’s with the audit client. As a proxy for to include any affiliate of the entity obligation to serve only investors’ identifying a ‘‘special and influential whose financial statements are being interests.’’ 8 The Commission’s concern role,’’ the Commission adopted a bright- about a competing self-interest extended line test for loans to or from a record or

3 See Rule 2–01(b) of Regulation S–X. 6 See Rule 2–01(f)(11) of Regulation S–X (defining when it adopted the Loan Provision. See 2000 4 See id. the term ‘‘covered person’’). Adopting Release, supra footnote 5, at 65 FR 76035. 5 See Rule 2–01(c) of Regulation S–X; see also 7 See 2000 Adopting Release, supra footnote 5 at As the basis for its use of a 10 percent threshold, Revision of the Commission’s Auditor 65 FR 76035. the Commission pointed to similar 10 percent Independence Requirements, Release No. 33–7919 8 See Proposed Rule: Revision of the ownership thresholds elsewhere in the federal (Nov. 21, 2000) [65 FR 76008 (Dec. 5, 2000)] (‘‘2000 Commission’s Auditor Independence Requirements, securities laws, including 17 CFR 210.1–02(r) (Rule Adopting Release’’) available at https:// Release No. 33–7870 (June 30, 2000) [65 FR 43148 1–02(r) of Regulation S–X) (defining ‘‘principal www.sec.gov/rules/final/33-7919.htm, at 65 FR (July 12, 2000)] (‘‘2000 Proposing Release’’), holder of equity securities’’), Rule 1–02(s) of 76009 (‘‘The amendments [to Rule 2–01 adopted in available at https://www.sec.gov/rules/proposed/ Regulation S–X (defining ‘‘promoter’’), and Section 2000] identify certain relationships that render an 34-42994.htm, at 65 FR 43161. 16 of the Securities Exchange Act of 1934 [15 U.S.C. accountant not independent of an audit client 9 See 2000 Adopting Release, supra footnote 5, at 78a et seq.] (the ‘‘Exchange Act’’) (requiring under the standard in Rule 2–01(b). The 65 FR 76035. reporting to the Commission of beneficial relationships addressed include, among others, 10 The Commission proposed that the Loan ownership information by directors, officers, and financial, employment, and business relationships Provision include a five-percent equity ownership beneficial owners of more than 10 percent of any between auditors and audit clients . . . .’’). threshold, but raised the threshold to 10 percent class of equity securities of an issuer). Id.

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audited.11 Rule 2–01(f)(4) provides that Commission staff.14 It has become clear Provision deems an accounting firm’s ‘‘affiliates of the audit client’’ include that there are certain fact patterns in independence to be impaired, entities that control, are controlled by, which an auditor’s objectivity and notwithstanding that the relevant facts or are under common control with the impartiality are not impaired despite a and circumstances regarding the audit client.12 As a result, generally, an failure to comply with the requirements relationships between the auditor and accounting firm is not independent of the Loan Provision. These fact the audit client suggest that in most under the Loan Provision if it has a patterns have arisen most frequently cases the auditor’s objectivity and lending relationship with an entity with respect to funds, although as noted impartiality do not appear to be affected having record or beneficial ownership of in the Proposing Release, non-fund as a practical matter. Nevertheless, more than 10 percent of the equity issuers also have faced challenges auditors and audit committees 17 may securities of either (a) the firm’s audit associated with the Loan Provision.15 feel obligated to devote substantial client; or (b) any entity that is a The Commission understands that resources to evaluating potential controlling parent company of the audit accounting firms use loans to help instances of non-compliance with the client, a controlled subsidiary of the finance their core business operations. existing Loan Provision, which could audit client, or an entity under common Accounting firms frequently obtain distract auditors’ and audit committees’ control with the audit client. financing to pay for their labor and out- attention from matters that may be more In addition, the term ‘‘affiliate of the of-pocket expenses before they receive likely to bear on the auditor’s objectivity 18 audit client’’ includes each entity in an payments from audit clients for those and impartiality. Audit committees’ investment company complex (‘‘ICC’’) services. Accounting firms also use receipt of a high volume of of which the audit client is a part.13 financing to fund current operations and communications of such relationships Accordingly, in the ICC context, an provide capital to fund ongoing could dilute the impact of accounting firm is considered not investments in their audit communications that identify issues independent under the Loan Provision methodologies and technology. that may actually raise concerns about if it has a lending relationship with an Accounting firms borrow from an auditor’s independence. Similarly, numerous violations of the entity having record or beneficial commercial banks or through private independence rules that no reasonable ownership of more than 10 percent of placement debt issuances, typically investor would view as implicating an any entity within the ICC, regardless of purchased by large financial auditor’s objectivity and impartiality which entities in the ICC are audited by institutions, both of which give rise to 16 could desensitize market participants to the accounting firm. debtor-creditor relationships. For creditor diversification purposes, credit other, more significant violations of the The Commission has become aware independence rules. Respect for the that, in certain circumstances, the facilities provided or arranged by commercial banks are often syndicated existing Loan Provision may not be 17 among multiple financial institutions, The audit committees of issuers, including functioning as it was intended. registered investment companies, may also be Registered investment companies, other thereby expanding the number of focused on this issue because, under the Sarbanes- pooled investment vehicles, and lenders to an accounting firm. As a Oxley Act of 2002 (‘‘Sarbanes-Oxley Act’’), audit result, accounting firms typically have a committees are responsible for the selection, registered investment advisers have compensation, and oversight of such issuers’ expressed concerns about the Loan wide array of borrowing arrangements. independent auditors. See 17 CFR 240.10A–3 (Rule Provision in both public disclosures These arrangements facilitate firms’ 10A–3 under the Exchange Act). In this Release, we and, together with their auditors, in provision of audit services to investors use the term ‘‘audit committee,’’ when referring to and other market participants, but also funds, generally to refer to audit committees extensive consultations with established by a fund’s board of directors or trustees multiply the number of lenders that may or, where no formal audit committee exists (e.g., for be record or beneficial owners of certain private funds), those responsible for the 11 See Rule 2–01(f)(6) of Regulation S–X. governance of the fund. In the absence of an audit 12 See Rule 2–01(f)(4) of Regulation S–X, in which securities in audit clients and that must be analyzed under the Loan Provision. committee, the entire board of directors will be an ‘‘affiliate of the audit client’’ includes the considered to be the audit committee. See, e.g., following: (1) An entity that has control over the These accounting firms’ financing Standards Relating to Listed Company Audit audit client, or over which the audit client has methods appear to have resulted in Committees, Release No. 33–8220 (Apr. 3, 2003) [68 control, or which is under common control with the various scenarios in which the Loan FR 18788 (Apr. 16, 2003)]. audit client, including the audit client’s parents and 18 For audits conducted pursuant to the standards subsidiaries; (2) An entity over which the audit of the Public Company Accounting Oversight Board 14 See Section I.B. of Auditor Independence With client has significant influence, unless the entity is (‘‘PCAOB’’), auditors are required to communicate Respect to Certain Loans or Debtor-Creditor not material to the audit client; (3) An entity that any relationships, including lending relationships, Relationships, Release No. 33–10491 (May 2, 2018) has significant influence over the audit client, with the audit client that may reasonably be [83 FR 20753 (May 8, 2018)] (‘‘Proposing Release’’), unless the audit client is not material to the entity; thought to bear on independence to the audit at 83 FR 20756. and (4) Each entity in the investment company committee at least annually. See, e.g., PCAOB Rule 15 complex when the audit client is an entity that is See footnote 20 of the Proposing Release. As 3526 (requiring a registered public accounting firm, part of an investment company complex. discussed below, our amendments to Rule 2–01 will at least annually with respect to each of its audit 13 See id. ‘‘Investment company complex’’ in Rule define ‘‘fund’’ as it relates to the Loan Provision as: clients, to: (1) Describe, in writing, to the audit 2–01(f)(14) of Regulation S–X includes: (1) An (i) An investment company or an entity that would committee of the audit client, all relationships investment company and its investment adviser or be an investment company but for the exclusions between the registered public accounting firm or sponsor; (2) Any entity controlled by or controlling provided by Section 3(c) (15 U.S.C. 80a–3(c)) of the any affiliates of the firm and the audit client or an investment adviser or sponsor in paragraph Investment Company Act of 1940 (the ‘‘Investment persons in financial reporting oversight roles at the (f)(14)(i)(A), or any entity under common control Company Act’’); or (ii) a commodity pool as defined audit client that, as of the date of the with an investment adviser or sponsor in paragraph in Section 1a(10) of the U.S. Commodity Exchange communication, may reasonably be thought to bear (f)(14)(i)(A) if the entity: (i) Is an investment adviser Act, as amended (‘‘CEA’’) that is not an investment on independence; (2) discuss with the audit or sponsor; or (ii) Is engaged in the business of company or does not rely on Section 3 of the committee of the audit client the potential effects providing administrative, custodian, underwriting, Investment Company Act. See Rule 2– of the relationships described in subsection (b)(1) or transfer agent services to any investment 01(c)(1)(ii)(A)(2)(ii). on the independence of the registered public company, investment adviser, or sponsor; and (3) 16 The Commission further understands that accounting firm; (3) affirm to the audit committee Any investment company or entity that would be insurance companies may purchase accounting of the audit client, in writing, that, as of the date an investment company but for the exclusions firms’ private placement notes. Insurance of the communication, the registered public provided by section 3(c) of the Investment companies may also act as sponsors of insurance accounting firm is independent in compliance with Company Act of 1940 (15 U.S.S. 80a–3(c) that has products and may be record owners, on behalf of Rule 3520; and (4) document the substance of its an investment adviser or sponsor included in the contract holders, of certain investment companies’ discussion with the audit committee of the audit definition by either paragraph (f)(14)(i)(A) or (B). equity securities. client).

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seriousness of these obligations, and but importantly, their investors) having amendments to its auditor attention to any breach or potential to incur the costs of re-audits. independence rules to refocus the breach of these obligations, is better In order to provide time for the analysis that must be conducted to fostered through limiting violations to Commission to address these determine whether an auditor is those instances in which the auditor’s challenges, and recognizing that funds independent when the auditor has a independence would be impaired in fact and their advisers were most acutely lending relationship with certain or in appearance. affected by the Loan Provision, the shareholders of an audit client at any Moreover, searching for, identifying, Commission staff issued a no-action time during an audit or professional and assessing non-compliance or letter to Fidelity Management & engagement period.24 The proposed potential non-compliance with the Loan Research Company in 2016 regarding amendments to the Loan Provision were Provision and reporting these instances the application of the Loan Provision intended to more effectively identify 22 to audit committees also may generate (‘‘Fidelity No-Action Letter’’). In the debtor-creditor relationships that could significant costs for entities and their Fidelity No-Action Letter, the staff impair an auditor’s objectivity and advisers and auditors, which are stated that it would not recommend impartiality, as opposed to certain more ultimately borne by shareholders. These enforcement action to the Commission, attenuated relationships that are costs are unlikely to have corresponding even though certain Fidelity entities unlikely to present threats to objectivity benefits to the extent that the Loan identified in the letter used audit firms or impartiality. To achieve this Provision’s breadth identifies and that were not in compliance with the objective, the proposed amendments to requires analysis of circumstances that Loan Provision, subject to certain the Loan Provision would have: (1) are unlikely to bear on the auditor’s conditions specified in the letter (e.g., Focused the analysis solely on independence. that notwithstanding such non- beneficial ownership rather than on compliance, the audit firm had both record and beneficial ownership; In addition, the compliance concluded that it is objective and (2) replaced the existing 10 percent challenges associated with the Loan impartial with respect to the issues bright-line shareholder ownership test Provision can have broader disruptive encompassed within the engagement).23 with a ‘‘significant influence’’ test; (3) effects, particularly for funds.19 For Staff has continued to receive inquiries added a ‘‘known through reasonable example, in order for a registered open- from registrants and accounting firms inquiry’’ standard with respect to end fund to make a continuous offering regarding the application of the Loan identifying beneficial owners of the of its securities, it must maintain a Provision, clarification of the Fidelity audit client’s equity securities; and (4) current prospectus by periodically filing No-Action Letter, and requests for amended the definition of ‘‘audit client’’ post-effective amendments to its consultation regarding issues not for a fund under audit to exclude funds registration statement that contain covered in the Fidelity No-Action that otherwise would be considered updated financial information audited Letter. affiliates of the audit client. The by an independent public accountant in Commission also requested comment on 20 In order to address the compliance accordance with Regulation S–X. In challenges discussed above, on May 2, certain other potential amendments to addition, the federal securities laws 2018, the Commission proposed its auditor independence rules. require that investment companies In developing the final amendments, registered under the Investment 22 See No-Action Letter from the Division of we considered the thirty-one comment Company Act transmit annually to Investment Management to Fidelity Management & letters received in response to the shareholders and file with the Research Company (June 20, 2016) (‘‘June 20, 2016 Proposing Release.25 Most commenters Commission financial statements Letter’’), available at https://www.sec.gov/divisions/ investment/noaction/2016/fidelity-management- expressed general support for the audited by an independent registered research-company-062016.htm. The June 20, 2016 proposed amendments, and only a few 21 public accounting firm. Accordingly, Letter provided temporary no-action relief and was commenters did not. non-compliance with the auditor to expire 18 months from the issuance date. On independence rules in some cases could September 22, 2017, the staff extended the June 20, II. Final Amendments 2016 Letter until the effective date of any result in affected funds not being able to amendments to the Loan Provision adopted by the A. Overview of the Final Amendments offer or sell shares, investors not being Commission that are designed to address the We are adopting amendments to Rule able to rely on affected financial concerns expressed in the June 20, 2016 Letter. See 2–01 of Regulation S–X that we believe statements, or funds (and, indirectly, No-Action Letter from the Division of Investment Management to Fidelity Management & Research would more effectively identify those Company (Sept. 22, 2017) (‘‘September 22, 2017 debtor-creditor relationships that could 19 Registered investment advisers that have Letter’’), available at https://www.sec.gov/divisions/ impair an auditor’s objectivity and custody of client funds or securities also face investment/noaction/2017/fidelity-management- compliance challenges from the Loan Provision. research-092217-regsx-rule-2-01.htm. The Fidelity impartiality, yet would not include These advisers generally are required by 17 CFR No-Action Letter therefore will be withdrawn on certain attenuated relationships that are 275.206(4)–2 (Rule 206(4)–2 (the ‘‘Custody Rule’’) the effective date of the amendments we are unlikely to present threats to objectivity under the Investment Advisers Act of 1940 (the adopting in this release. or impartiality.26 Because compliance ‘‘Investment Advisers Act’’)) to obtain a surprise 23 The June 20, 2016 Letter described the examination conducted by an independent public following circumstances, each of which could have challenges associated with applying the accountant or, for pooled investment vehicles, may potential implications under the Loan Provision: (i) Loan Provision have arisen with entities be deemed to comply with the requirement by ‘‘An institution that has a lending relationship with other than funds, and given that we did distributing financial statements audited by an an Audit Firm holds of record, for the benefit of its not receive comments objecting to our independent public accountant to the pooled clients or customers (for example, as an omnibus investment vehicle’s investors. An auditor’s account holder or custodian), more than 10 percent proposal to apply these amendments inability, or potential inability, to comply with the of the shares of a Fidelity Entity;’’ (ii) ‘‘An broadly, the final amendments will Loan Provision raises questions concerning an insurance company that has a lending relationship apply to entities beyond the investment adviser’s ability to satisfy the requirements of the with an Audit Firm holds more than 10 percent of management industry, including Custody Rule. the shares of a Fidelity Fund in separate accounts 20 See generally Section 10(a)(3) of the Securities that it maintains on behalf of its insurance contract Act of 1933 (the ‘‘Securities Act’’) [15 U.S.C. 77a holders;’’ and (iii) ‘‘An institution that has a lending 24 See generally Proposing Release. et seq.] and Item 27 of Form N–1A. relationship with an Audit Firm and acts as an 25 The comment letters received in response to 21 15 U.S.C. 80a–1 et seq. See 17 CFR 270.30e– authorized participant or market maker to a Fidelity the Proposing Release are available at https:// 1 and 17 CFR 270.30b2–1 (Rules 30e–1 and 30b2– ETF and holds of record or beneficially more than www.sec.gov/comments/s7-10-18/s71018.htm. 1 under the Investment Company Act). 10 percent of the shares of a Fidelity ETF.’’ 26 See Rule 2–01(b) of Regulation S–X.

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operating companies and registered exclude commodity pools and we registered in the name of a relatively broker-dealers. clarify that foreign funds (as described small number of financial We are adopting the amendments below) are excluded for purposes of the intermediaries 27 as ‘‘record’’ owners for generally as proposed with a few definition of audit client. Finally, the the benefit of their clients or customers. additional changes. As was proposed, Chairman has directed the staff to Certain of these financial intermediaries formulate recommendations to the we are focusing the analysis on may also be lenders to public Commission for possible additional beneficial ownership rather than on accounting firms or be affiliated with changes to the auditor independence both record and beneficial ownership. financial institutions that may be rules, as discussed further below. Also, as proposed, we are replacing the lenders to public accounting firms. As a existing 10 percent bright-line B. Focus the Analysis on Beneficial result, audit clients may have financial shareholder ownership test with a Ownership intermediaries that own, on a ‘‘record’’ ‘‘significant influence’’ test and adding Where a lender to an auditor holds basis, more than 10 percent of the a ‘‘known through reasonable inquiry’’ more than 10 percent of the equity issuer’s shares and are also lenders to standard with respect to identifying securities of that auditor’s audit client public accounting firms, covered beneficial owners of the audit client’s either as a beneficial owner or as a persons of accounting firms, and their equity securities. In addition, we are record owner, current rules dictate that immediate family members, or are excluding from the definition of ‘‘audit the auditor is not independent of the affiliated with companies that are client,’’ for a fund under audit, any audit client. As noted in the Proposing lenders to public accounting firms (see other funds that otherwise would be Release, one challenge associated with Figure 2 below for illustration). considered affiliates of the audit client the Loan Provision is that it applies to However, these financial intermediaries under the Loan Provision. In a change both ‘‘record’’ and ‘‘beneficial’’ owners are not ‘‘beneficial’’ owners and may not from the proposal and in response to of the audit client’s equity securities. have control over whether they are comments, the final amendments define However, publicly traded shares, as well ‘‘record’’ owners of more than 10 ‘‘fund’’ for these purposes to also as certain fund shares, often are percent of the issuer’s shares.

For example, open-end funds, such as who is also a fund shareholder of a result of the activity of other record or mutual funds, may face significant record, regardless of their diligence in beneficial owners, the record ownership challenges, because the record monitoring compliance. Specifically, as of a lender that is a financial ownership percentages of open-end a result of underlying customer activity intermediary holding fund shares for funds may fluctuate greatly within a in an omnibus account (such as when customers may exceed, or conversely given period for reasons completely out beneficial owners purchase or redeem fall below, the 10 percent threshold of the control or knowledge of a lender their shares in an open-end fund) or as within a given period without any

27 See infra footnote 28.

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affirmative action on the part of the relationships that may impair an the guidance set forth in footnote 22 of financial intermediary.28 In this auditor’s independence.30 the Proposing Release,35 describing the entities that are excluded from the scope scenario, the financial intermediary’s 2. Comments holdings might constitute less than 10 of the Loan Provision (e.g., entities that percent of a mutual fund and, as a result Commenters generally supported the are under common control with or of subsequent redemptions by beneficial proposed amendment to focus the controlled by the beneficial owner are 31 owners through other non-affiliated analysis on beneficial owners, and excluded from the scope).36 financial intermediaries, the same several of these commenters agreed that A few commenters agreed that the investment could then constitute more tailoring the Loan Provision to focus proposed amendment would ease only on the beneficial ownership of the 37 than 10 percent of the mutual fund. compliance burdens, and two audit client’s equity securities would However, regardless of their diligence in commenters stated that the proposed more effectively identify shareholders monitoring compliance, the financial amendment did not raise other auditor ‘‘having a special and influential role independence concerns.38 Two intermediary, the fund, and the auditor with the issuer’’ and therefore better may not know that the 10 percent commenters expressed the view that, capture those debtor-creditor even if the Commission amended the threshold had been exceeded until after relationships that may impair an the fact. Loan Provision to provide for evaluation auditor’s independence.32 One of beneficial ownership alone, the other 1. Proposed Amendments commenter expressed the view that proposed amendments would still be auditors should not have any lending necessary and appropriate.39 Under the proposed amendments, the relationship with any shareholders of an Loan Provision would apply only to audit client.33 Several commenters 3. Final Amendments beneficial owners of the audit client’s requested clarification of the definition After considering the comments equity securities and not to those who of ‘‘beneficial owner’’ and expressed received, and consistent with the merely hold the audit client’s equity support for defining ‘‘beneficial owner’’ proposal, we are adopting amendments securities as a holder of record on behalf to refer to those owners with an that focus the analysis on beneficial of their beneficial owners.29 The economic interest in the relevant ownership rather than on both record Proposing Release noted that tailoring securities.34 A number of commenters and beneficial ownership. We continue the Loan Provision to focus on the requested that the Commission reiterate to believe that tailoring the Loan beneficial ownership of the audit Provision to focus on the beneficial client’s equity securities would more 30 See Proposing Release at 20760. ownership of the audit client’s equity 31 See, e.g., CII; Letter from Deloitte LLP, dated effectively identify shareholders June 29, 2018 (‘‘Deloitte’’); Letter from securities would more effectively ‘‘having a special and influential role PricewaterhouseCoopers LLP, dated June 29, 2018 identify shareholders ‘‘having a special with the issuer’’ and therefore better (‘‘PwC’’); Letter from KPMG LLP, dated July 3, 2018 and influential role with the issuer’’ and capture those debtor-creditor (‘‘KPMG’’); Letter from Crowe LLP, dated July 3, therefore better capture those debtor- 2018 (‘‘Crowe’’); Letter from Center for Audit Quality, dated July 3, 2018 (‘‘CAQ’’); Letter from creditor relationships that may impair 28 Financial intermediaries such as broker- National Association of State Boards of an auditor’s independence. dealers, banks, trusts, insurance companies, and Accountancy, dated July 5, 2018 (‘‘NASBA’’); Letter In response to commenters who retirement plan third-party administrators perform from New York State Society of Certified Public requested clarification of the term the recordkeeping of open-end fund positions and Accountants, dated July 6, 2018 (NYSCPA’’); Letter ‘‘beneficial owner,’’ we are providing provide services to customers, including beneficial from Piercy, Bowler, Taylor & Kern, dated July 6, owners and other intermediaries and, in most cases, 2018 (‘‘PBTK’’); Letter from MFS Funds Board additional guidance that financial aggregate their customer records into a single or a Audit Committee, dated July 6, 2018 (‘‘MFS intermediaries, who hold shares as few ‘‘omnibus’’ accounts registered in the Funds’’); Letter from Prof. Joseph A. Grundfest, record owners, and who have limited intermediary’s name on the fund transfer agent’s dated July 9, 2018 (‘‘Grundfest’’); Letter from Grant authority to make or direct voting or recordkeeping system. Shares of other types of Thornton LLP, dated July 9, 2018 (‘‘Grant registered investment companies, such as closed- Thornton’’); Letter from Mutual Fund Directors investment decisions on behalf of the end funds, also are frequently held by broker- Forum, dated July 9, 2018 (‘‘MFDF’’); Letter from underlying shareholders of the audit dealers and other financial intermediaries as record BDO USA, LLP, dated July 9, 2018 (‘‘BDO’’); Letter clients, are not considered ‘‘beneficial owners on behalf of their customers, who are not from Ernst & Young LLP, dated July 9, 2018 (‘‘EY’’); owners’’ for purposes of the Loan required and may be unwilling to provide, Letter from Fidelity Management Research 40 information about the underlying beneficial owners Company, dated July 9, 2018 (‘‘Fidelity’’); Letter Provision. Furthermore, if the to accounting firms, and particularly accounting from Association of the Bar of the City of New York, financial intermediary undertakes steps firms that do not audit the fund. In addition, a dated July 9, 2018 (‘‘NYC Bar’’); Letter from to remove its discretion over the voting financial intermediary may act as an authorized Investment Company Institute and Independent participant or market maker to an exchange-traded Directors Council, dated July 9, 2018 (‘‘ICI/IDC’’); 35 fund (‘‘ETF’’) and be the holder of record or Letter from U.S. Chamber of Commerce Center for See footnote 22 of the Proposing Release: ‘‘We beneficial owner of more than 10 percent of an ETF. Capital Markets Competitiveness, dated July 9, 2018 note that the Loan Provision can be implicated by lending relationships between an auditing firm and An open-end fund, or open-end company, is a (‘‘CCMC’’); Letter from RSM US LLP, dated July 9, those that control the record or beneficial owner of management company that is offering for sale or has 2018 (‘‘RSM’’); Letter from T. Rowe Price Funds, more than 10 percent of the shares of an audit client outstanding any redeemable securities of which it dated July 9, 2018 (‘‘T. Rowe Price’’); Letter from (i.e., entities that are under common control with is the issuer. A closed-end fund, or closed-end Financial Executives International, dated July 9, or controlled by the record or beneficial owner are company, is any management company other than 2018 (‘‘FEI’’); Letter from American Institute of not as such implicated by the Loan Provision)’’ an open-end company. See Section 5 of the Certified Public Accountants, dated July 9, 2018 (emphasis added). See also footnote 5 of the Investment Company Act [15 U.S.C. 80a–5]. ETFs (‘‘AICPA’’); Letter from American Investment Fidelity No-Action Letter. registered with the Commission are organized either Council, dated Jul 9, 2018 (‘‘AIC’’); Letter from 36 as open-end management companies or unit Securities Industry and Financial Markets See, e.g., Deloitte, PwC, KPMG, Grant investment trusts. See Section 4 of the Investment Association, dated July 9, 2018 (‘‘SIFMA’’); Letter Thornton, ICI/IDC, Invesco, MFS Funds, T. Rowe Company Act [15 U.S.C. 80a–4] (defining the terms from Invesco Funds, dated July 9, 2018 (‘‘Invesco’’); Price, SIFMA, and Federated. ‘‘management company’’ and ‘‘unit investment and Letter from Federated Investors, Inc., dated July 37 See, e.g., KPMG, Crowe, CAQ, and EY. trust’’). References to ‘‘funds’’ in this Release 10, 2018 (‘‘Federated’’). 38 See KPMG and EY. include ETFs, unless specifically noted. 32 See, e.g., CII, Deloitte, PwC, CAQ, BDO, EY, 39 See KPMG and EY. 29 An equity holder who acquired such RSM, and ICI/IDC. 40 By providing this guidance, we are not ownership by buying a certificated share would be 33 See Letter from Tinee Carraker, dated May 20, interpreting 17 CFR 240.13d–3 (Exchange Act Rule both a record owner and a beneficial owner and 2018 (‘‘Carraker’’). 13d–3), applying the existing standards for thus would continue to be analyzed under the Loan 34 See, e.g., Deloitte, PwC, KPMG, CAQ, Grant determining who is a beneficial owner under Rule Provision. Thornton, ICI/IDC, and Invesco. 13d–3, or altering these standards.

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or disposition of shares, the financial investment vehicle’s investment ownership test with a significant intermediary generally will not be adviser. influence test.48 Generally, these considered to be a beneficial owner for 1. Proposed Amendments commenters agreed that significant purposes of the Loan Provision. Such influence is a more appropriate steps could include, for example: (1) The Commission proposed to replace framework to identify those lending Mirror voting (i.e., the intermediary is the existing 10 percent bright-line test in relationships that impair an obligated to vote the shares held by it in the Loan Provision with a ‘‘significant accountant’s objectivity and the same proportion as the vote of all influence’’ test similar to that referenced impartiality.49 A few commenters other shareholders); (2) the financial in other parts of the Commission’s 44 supported codifying the significant intermediary holds the shares in an auditor independence rules. influence test found in ASC 323 (or Specifically, the proposed amendment irrevocable voting trust without specific elements of that test) in our would provide, in part, that an discretion for the institution to vote the rules to promote consistent accountant would not be independent shares; (3) an agreement to pass through application,50 but one commenter did when the accounting firm, any covered the voting rights to an unaffiliated third- not support codification in our rules so party entity; or (4) the intermediary has person in the firm, or any of his or her immediate family members has any loan as to avoid confusion in the future if otherwise relinquished its right to vote changes are made to ASC 323.51 A few 41 (including any margin loan) to or from such shares. As requested by commenters requested that we affirm commenters, we also are reiterating the an audit client, or an audit client’s officers, directors, or beneficial owners that the Commission’s auditor guidance set forth in the Proposing independence standards involve a Release,42 but with certain conforming (known through reasonable inquiry) of the audit client’s equity securities where shared responsibility of the audit client changes because the final amendments and the auditor.52 One commenter did remove the reference to ‘‘record such beneficial owner has significant influence over the audit client.45 not support replacing the 10 percent owners’’ from the Loan Provision and bright-line test with a significant replace the 10 percent bright-line test Although not specifically defined, the influence test in part because the with a significant influence test.43 term ‘‘significant influence’’ appears in commenter questioned the quality of the Accordingly, entities that are under other parts of Rule 2–01 of Regulation 46 equity method of accounting in common control with or controlled by S–X, and the Proposing Release noted general.53 the beneficial owner of the audit client’s that use of the term ‘‘significant equity securities when such beneficial influence’’ in the proposed amendment was intended to refer to the principles (b) ASC 323 owner has significant influence over the in the Financial Accounting Standards audit client, are excluded from the Many commenters agreed that the Board’s (‘‘FASB’s’’) ASC Topic 323, scope of the Loan Provision. framework in ASC 323 is generally Investments—Equity Method and Joint appropriate for assessing significant 47 C. Significant Influence Test Ventures. influence.54 Several commenters, As discussed in the Proposing 2. Comments however, asserted that the concepts in Release, the current bright-line 10 (a) Significant Influence Test ASC 323 may not be useful to apply to percent test may be both over- and funds or may not be routinely applied Most commenters supported the 55 under-inclusive as a means of in the fund context. Two commenters proposed amendment to replace the 10 asserted that ASC 323 is not an identifying those debtor-creditor percent bright-line shareholder relationships that actually impair the appropriate framework for the ‘‘significant influence’’ test, and instead auditor’s objectivity and impartiality. 44 See Rule 2–01(c)(1)(i)(E)(1)(i) and (ii), For example, the existing Loan (c)(1)(i)(E)(2) and (3), and (f)(4)(ii) and (iii) of proposed a decision framework with a Provision may apply even in situations Regulation S–X. ‘‘singular focus on the beneficial where the lender may be unable to 45 See proposed Rule 2–01(c)(1)(ii)(A) (replacing owner’s ability to exert significant the phrase ‘‘record or beneficial owners of more influence over the audit client’s influence the audit client through its than ten percent of the audit client’s equity holdings (such as with omnibus securities’’ with ‘‘beneficial owners (known through operating and financial policies,’’ based accounts that hold as record owner reasonable inquiry) of the audit client’s equity on the totality of the facts and more than 10 percent of the equity securities, where such beneficial owner has circumstances.56 A number of significant influence over the audit client’’). Under commenters requested that the shares of an audit client). In such the proposed amendments, the rule would continue circumstances, the lender’s ownership to have exceptions for four types of loans: (1) Commission reiterate the fund guidance of an audit client’s equity securities Automobile loans and leases collateralized by the alone would not threaten an audit firm’s automobile; (2) loans fully collateralized by the 48 See, e.g., Deloitte, PwC, KPMG, Crowe, CAQ, cash surrender value of an insurance policy; (3) objectivity and impartiality. Conversely, NASBA, NYSCPA, PBTK, MFS Funds, Grundfest, loans fully collateralized by cash deposits at the Grant Thornton, MFDF, BDO, EY, Fidelity, NYC the existing Loan Provision does not same financial institution; and (4) a mortgage loan Bar, ICI/IDC, CCMC, RSM, T. Rowe Price, First apply if the auditor’s lender owns 10 collateralized by the borrower’s primary residence Data, FEI, AICPA, AIC, SIFMA, Invesco, and percent or less of the audit client’s provided the loan was not obtained while the Federated. covered person in the firm was a covered person. equity securities, despite the fact that 49 See, e.g., Deloitte, PwC, KPMG, CAQ, NYSCPA, We discuss the proposed ‘‘known through Grant Thornton, BDO, EY, ICI/IDC, Fidelity, RSM, such an owner may be able to exert reasonable inquiry’’ standard below. See infra FEI, AICPA, and Invesco. Section II.D. significant influence over the audit 50 See, e.g., KPMG, NYSCPA, and Grant Thornton. 46 See Rule 2–01(c)(1)(i)(E) (‘‘investments in audit client through contractual or other 51 See EY. clients’’) and Rule 2–01(f)(4) of Regulation S–X 52 means. A holder of 10 percent or less of (‘‘affiliate of the audit client’’ definition). See e.g., Deloitte, CAQ, and Crowe. 53 an audit client’s equity securities could, 47 See Proposing Release at section II.C; ASC 323 See CII. for example, have the contractual right Investments—Equity Method and Joint Ventures 54 See, e.g., Deloitte, PwC, KPMG, Crowe, CAQ, to remove or replace a pooled (‘‘ASC 323’’). See also 2000 Adopting Release, NYSCPA, Grant Thornton, BDO, EY, ICI/IDC, MFS supra footnote 5, at 65 FR 76034, note 284 (referring Funds, T. Rowe Price, SIFMA, Federated, RSM, and to Accounting Principles Board Opinion No. 18, FEI. 41 See 2000 Adopting Release, supra footnote 5. ‘‘The Equity Method of Accounting for Investments 55 See, e.g., PwC, KPMG, Crowe, CAQ, EY, and 42 See supra footnote 35. in Common Stock’’ (Mar. 1971), which was codified Grant Thornton. 43 See supra Section II.C. at ASC 323). 56 See KPMG and Invesco.

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from the Proposing Release,57 which exceeds 20 percent of an investee’s the commenter would likely view a clarified that in the fund context, the voting securities.63 Two commenters shareholder on the board or advisory operating and financial policies relevant recommended codifying the rebuttable committee as having significant to the significant influence test would presumption assessment under the influence. In the absence of those include the fund’s portfolio proposed significant influence test characteristics, the commenter indicated management processes. A few consistent with the accounting that it would likely not consider a commenters recommended that the standard,64 and one commenter stated member of the board or advisory Commission provide additional that although ASC 323 includes a committee to have significant guidance regarding the application of rebuttable presumption with respect to influence.72 The other commenter stated the significant influence test in the fund 20 percent ownership, it is merely a that the purpose of an advisory context (e.g., mutual funds, preferred guide and may be raised or lowered committee generally is to provide stockholders in closed-end funds, and depending on the facts and suggestions to the investment adviser or exchange-traded funds).58 circumstances.65 A few commenters did general partner, and that advisory Several commenters agreed that it not support applying the 20 percent committees typically do not oversee the would be appropriate to consider the rebuttable presumption to funds, but investment adviser or general partner nature of the services provided by the rather supported an analysis of the and do not participate in the portfolio investment adviser as a factor in rights of fund owners under the fund’s management process.73 determining whether a beneficial owner governance provisions.66 Two 59 Two commenters asserted that the has significant influence. Several commenters viewed the 20 percent right to remove a general partner or commenters also supported analyzing rebuttable presumption as substituting a adviser was unlikely to indicate the concept of ‘‘portfolio management new 20 percent bright-line test for the significant influence.74 Another processes’’ as the first step to the existing 10 percent bright-line test, in commenter supported drawing a significant influence test for investment the absence of the fund guidance set distinction between rights that provide companies. These commenters agreed forth in the Proposing Release.67 One a shareholder with an ability to actively that, in circumstances in which the commenter was concerned that the 20 participate in fund investment decisions advisory contract grants the investment percent rebuttable presumption could (e.g., approval or veto rights over a new adviser significant discretion with potentially conflict with the analysis of fund investment), which would indicate respect to the fund’s portfolio ‘‘control’’ under the federal securities significant influence, and rights that management processes, it is unlikely laws by introducing a new standard that allow a shareholder to address that a shareholder will have significant could increase compliance costs.68 influence and the factors in ASC 323 inappropriate behavior on the part of would not have to be further analyzed.60 (d) Participation on an Advisory the investment adviser (e.g., a right to Some commenters recommended that Committee remove an adviser for cause or the right the Commission confirm that an audit The Proposing Release noted that if a to approve material changes to the fund firm need not monitor beneficial governance documents), which would shareholder in a private fund, for 75 ownership if it initially determines that, example, has a side letter agreement not indicate significant influence. based on portfolio management outside of the standard partnership (e) Authorized Participants processes, the audit client cannot be agreement that allows for participation subject to significant influence and in portfolio management processes Authorized participants (‘‘APs’’) for periodically determines that there are (including participation on a fund ETFs deposit or receive basket assets in no changes to the fund’s governance advisory committee), then the exchange for creation units of the fund. 61 structure and governing documents. shareholder would likely have The Proposing Release noted that the Two commenters proposed a framework significant influence.69 A few deposit or receipt of basket assets by an that focused on the beneficial owner’s commenters asserted that although AP that is also a lender to the auditor ability to exert significant influence over participation on an advisory committee alone would not constitute significant the audit client’s operating and financial should be one factor in assessing influence over an ETF audit client. policies, based on the totality of the significant influence, this factor alone is Several commenters agreed that the circumstances, and to avoid the not likely to indicate significant deposit or receipt of basket assets by an exclusive reliance on the ASC 323 influence.70 Two commenters noted that authorized participant that is also a framework in the investment fund the responsibilities of an advisory lender to the auditor would not alone 62 context. committee can vary.71 One of these constitute significant influence over an (c) Rebuttable Presumption commenters noted that, when the board ETF audit client.76 A few commenters or advisory committee has substantive stated that market makers also should ASC 323 incorporates a rebuttable oversight responsibility or decision- not be considered to have significant presumption of significant influence making capacity over operating and influence over an ETF audit client since once beneficial ownership meets or financial policies significant to the fund, their objective is not to influence the fund or the portfolio management 57 See, e.g., Deloitte, Crowe, CAQ, ICI/IDC, MFS 63 Funds, T. Rowe Price, SIFMA, Federated, Fidelity, Conversely, ASC 323 also incorporates a process, but to provide liquidity to and Invesco. See also the discussion of fund rebuttable presumption of no significant influence ETFs.77 One commenter recommended guidance in the Proposing Release at 20761. if beneficial ownership is less than twenty percent of investee’s voting securities. that the Commission clarify that market 58 See, e.g., PwC, KPMG, Grant Thornton, ICI/IDC, 64 makers typically would not be and EY. See FEI and Grant Thornton. 65 59 See, e.g., Deloitte, Grant Thornton, KPMG, EY, See NYSCPA. and CAQ. 66 See, e.g., ICI/IDC, T. Rowe Price, Invesco, 72 See PwC. 60 See, e.g., Deloitte, ICI/IDC, MFS Funds, T. KPMG, EY, and Fidelity. 73 See Deloitte. Rowe Price, SIFMA, Federated, and Invesco. 67 See Fidelity and Invesco. 74 See Deloitte and PwC. Deloitte added this as a first step for limited 68 See NYC Bar. 75 See EY. partnerships and general partners. 69 See Proposing Release, at 83 FR 20761. 76 See, e.g., Deloitte, KPMG, EY, PwC, ICI/IDC, 61 See, e.g., ICI/IDC and T. Rowe Price. 70 See, e.g., Deloitte, KPMG, and CAQ. MFS Funds, T. Rowe Price, SIFMA, and Federated. 62 See KPMG and Invesco. 71 See Deloitte and PwC. 77 See, e.g., Deloitte, EY, and PwC.

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considered to have significant influence A few commenters supported objectivity and impartiality.92 Another for purposes of the Loan Provision.78 including specific dates or periods, such commenter did not support an as: alternative test based on mere (f) Evaluation of Compliance With the • ‘‘influence,’’ describing significant Loan Provision The onset of the engagement period and the balance sheet date for each influence as being able to alter The Proposing Release indicated that, audit; 84 management’s decision-making process, if the auditor determines that significant • At the planning and reporting whereas mere ‘‘influence’’ could be influence does not exist based on the stages of the audit and potentially disregarded by management.93 facts and circumstances at the time of significant or material events; 85 or 79 3. Final Amendments the auditor’s initial evaluation, the • The beginning of the engagement, auditor should monitor the Loan prior to accepting a new engagement, After carefully considering the Provision on an ongoing basis, which and when the governance structure comments received, and consistent with could be done, for example, by (including any contractual the proposal, we are adopting reevaluating its determination when relationships) of the audit client amendments to replace the existing 10 there is a material change in the fund’s changes.86 percent bright-line test in the Loan governance structure and governing Provision with a ‘‘significant influence’’ documents, publicly available (g) Alternatives to the Significant test similar to that referenced in other information about beneficial owners, or Influence Test parts of the Commission’s auditor other information that may implicate Two commenters proposed independence rules and based on the the ability of a beneficial owner to exert alternatives to the significant influence concepts applied in ASC 323. We are significant influence of which the audit test: (1) Focusing on material direct not adopting an alternative framework, client or auditor becomes aware. Several financial interests,87 and (2) focusing as suggested by two commenters,94 that commenters agreed with this the analysis on beneficial ownership, focuses on the beneficial owner’s ability 80 proposal. A few commenters indicated but maintaining the existing 10 percent to exert significant influence over the that communications with shareholders bright-line shareholder ownership audit client’s operating and financial or documentation regarding investor test.88 The commenter that policies, based on the totality of the rights could be examples of other recommended maintaining the existing facts and circumstances, rather than the information implicating significant 10 percent bright-line ownership test concepts applied in ASC 323. We influence of which the audit client or continue to believe that given its use in 81 but applying it to beneficial owners auditor becomes aware. argued that this alternative approach other parts of the Commission’s The Proposing Release also requested would be simpler and easier to independence rules,95 the concept of comment on whether the Commission understand than the proposed ‘‘significant influence’’ is one with should permit the Loan Provision or significant influence test.89 This which audit firms and their clients are other financial relationships to be already required to be familiar and addressed at specific dates during the commenter also asserted that the alternative approach would address would effectively identify those debtor- audit and professional engagement creditor relationships that could impair period, or the beginnings or ends of most of the issues raised in the Fidelity No-Action Letter and avoid replacing an auditor’s objectivity and impartiality. specific periods, or under specified In this regard, introducing a separate circumstances. Rule 2–01(c)(1) of the 10 percent bright-line test with a significant influence test that significant influence determination for Regulation S–X provides that an these purposes would introduce accountant is not independent if the incorporates a 20% rebuttable 90 additional complexity to the auditor accountant has an independence- presumption. independence rules without, in our impairing relationship specified in the One commenter stated that view, necessarily resulting in more rule at any point during the audit and alternatives to the significant influence 91 accurate assessments of auditor professional engagement period. Certain test are not needed. The Proposing independence. existing disclosure requirements require Release also requested comment on whether the modifier ‘‘significant’’ While the term ‘‘significant information about beneficial owners as influence’’ in the final amendment of a specified date.82 Several should be removed, such that the test would hinge on whether a lender refers to the principles in ASC 323, we commenters expressed the view that agree with the commenter who stated specific dates were not needed to assess shareholder has influence over an audit client. Two commenters opposed the that the specific considerations compliance with the Loan Provision, described in the significant influence and that the frequency and timing of the removal of the modifier ‘‘significant’’ from the significant influence test, test in ASC 323 should not be codified evaluation should be developed based in our rules so as to avoid confusion in on the particular facts and arguing that it would not achieve the objective of more effectively identifying the future if changes are made to ASC circumstances relevant to the audited 323.96 For similar reasons, we are not 83 those lending relationships that impair entity. codifying ASC 323’s 20 percent rebuttable presumption in our rules. 78 84 See KPMG. See Deloitte. While audit firms and audit 79 For funds, the auditor’s initial determination 85 See FEI. would be based on an evaluation of a fund’s 86 See Invesco. committees of operating companies governance structure and governing documents, the 87 See Invesco. already should be familiar with manner in which its shares are held or distributed, 88 See CII. A separate commenter suggested that application of the ‘‘significant and any contractual arrangements, among any other auditors should resign or the engagement partner be influence’’ concept, we appreciate that relevant factors. replaced in circumstances involving both this concept is not as routinely applied 80 See, e.g., Deloitte, PwC, Crowe, CAQ, Grant significant influence and related party transactions, Thornton, and EY. but did not provide further explanation. See Letter 81 See e.g., PwC, Crowe, and CAQ. from Elisabeth Rossen, dated June 3, 2018 92 See KPMG and EY. 82 See, e.g., Item 18 of Form N–1A and Item 19 (‘‘Rossen’’). 93 See NYSCPA. of Form N–2. 89 See CII. 94 See Invesco and KPMG. 83 See, e.g., Deloitte, PwC, Crowe, CAQ, Grant 90 See id. 95 See supra footnote 44. Thornton, BDO, EY, and RSM. 91 See Grant Thornton. 96 See EY.

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by funds for financial reporting ability to remove or terminate a fund’s process for identifying beneficial purposes. Therefore, in response to advisory contract alone generally should owners will be enhanced when both comments requesting that the not lead to a determination that a auditors and audit clients take Commission reiterate the fund guidance shareholder has significant influence. responsibility for promoting the from the Proposing Release 97 and As the Commission observed in the accuracy of information required to comments recommending additional Proposing Release, if a shareholder in a assess the auditor’s independence. private fund, for example, has a side guidance regarding the application of If the auditor determines that letter agreement outside of the standard the significant influence test in the fund significant influence over the fund’s context,98 we are reiterating the fund partnership agreement that allows for management processes does not exist at guidance in the Proposing Release, with participation in portfolio management the time of the initial application of the further clarification about the processes (including participation on a rule, the auditor should monitor the application in this context of the fund advisory committee), then the Loan Provision on an ongoing basis.102 rebuttable presumption and other fund shareholder would likely have significant influence. In response to We continue to believe, as expressly specific issues. In the fund context, we 103 believe that the operating and financial commenters noting that the supported by several commenters, policies relevant to the significant responsibilities of an advisory that the auditor could satisfy this influence test would include the fund’s committee can vary,99 we are further obligation to monitor its independence investment policies and day-to-day clarifying that a shareholder in a private on an ongoing basis by reevaluating its portfolio management processes, fund that participates on a fund determination in response to a material including those governing the selection, advisory committee would likely have change in the fund’s governance purchase and sale, and valuation of significant influence if that committee structure and governing documents, investments, and the distribution of involves substantive oversight Commission filings about beneficial income and capital gains (collectively responsibility or decision-making owners,104 or other information which ‘‘portfolio management processes’’). An capacity over operating and financial may implicate the ability of a beneficial audit firm could analyze, in its initial policies significant to the fund. owner to exert significant influence of assessment under the rule, whether In addition, we believe that the which the audit client or auditor significant influence over the fund’s deposit or receipt of basket assets by an becomes aware. Outside of the fund portfolio management processes exists AP that is also a lender to the auditor context, audit firms and their audit based on an evaluation of the fund’s would not alone constitute significant clients should continue to monitor the governance structure and governing influence over an ETF audit client. auditor’s independence on an ongoing documents, the manner in which its Similarly, in circumstances where a basis by using their existing processes shares are held or distributed, and any market maker is a lender to the auditor, for determining whether significant contractual arrangements, among any the deposit or receipt of basket assets by influence exists consistent with the other relevant factors. a market maker (acting through an AP) principles of ASC 323. In this regard, we We believe that it would be would not alone constitute significant agree with those commenters 105 who appropriate to consider the nature of the influence over such an ETF audit client. indicated that the frequency and timing services provided by the fund’s Holders of a closed-end fund’s of the significant influence evaluation investment adviser(s) pursuant to the preferred stock have certain rights that should be based on the particular facts terms of an advisory contract with the may be relevant to a significant and circumstances relevant to the fund as part of this analysis. In influence analysis.100 The audited entity, consistent with the circumstances where the terms of the determination of whether preferred requirement that the auditor be advisory agreement grant the adviser stockholders have significant influence independent throughout the audit and significant discretion with respect to the over the fund would be based on an professional engagement period. fund’s portfolio management processes evaluation of the relevant facts and Accordingly, we have not included and the shareholder does not have the circumstances. specific dates, periods or circumstances ability to influence those portfolio Further to the guidance set forth upon which the significant influence management processes, significant above, we wish to emphasize that evaluation should occur. influence generally would not exist and auditor independence is a shared the evaluation of significant influence responsibility between the audit firm 8(b)(5) and 30(e) and (g) of the Investment Company would be complete unless there is a and audit client.101 The reliability of the Act [15 U.S.C. 80a–8 and 80a–29], and Section material change in the fund’s 203(c)(1)(D) of the Investment Advisers Act [15 99 See Deloitte and PwC. U.S.C. 80b–3(c)(1)] authorize the Commission to governance structure and governing require the filing of financial statements that have documents (as discussed below). This 100 See section 18(a)(2)(C) of the Investment Company Act. See also ICI/IDC. been audited by independent accountants. Title 17 CFR 240.17a–5(f)(1) (Paragraph (f)(1) of Rule 17a– should be the case even if the 101 See Commission Final Rule, Revision of the 5 under the Exchange Act) requires that for audits shareholder holds 20 percent or more of Commission’s Auditor Independence Requirements, under paragraph (d) of Rule 17a–5 of broker-dealers Release No. 33–7919 (Nov. 21, 2000) (‘‘[Issuers and a fund’s equity securities, which would registered with the Commission, an independent other registrants] have the legal responsibility to file otherwise trigger the rebuttable public accountant must be independent in the financial information with the Commission, as accordance with Rule 2–01 of Regulation S–X. See presumption under application of the a condition to accessing the public securities also id. (discussing Rule 206(4)–2 under the concepts described in ASC 323. markets, and it is their filings that are legally Investment Advisers Act). The ability to vote on the approval of deficient if auditors who are not independent 102 a fund’s advisory contract or a fund’s certify their financial statements’’). Moreover, many See Proposing Release at 20761. 103 See, e.g., Deloitte, PwC, Crowe, CAQ, Grant fundamental policies on a pro rata basis Commission regulations require entities to file or furnish financial statements that have been audited Thornton, and EY. with all holders of the fund alone by an independent auditor. For example, Items 25 104 This language is a slight change from the generally should not lead to the and 26 of Schedule A to the Securities Act [15 guidance provided in the Proposing Release, which determination that a shareholder has U.S.C. 77aa(25) and (26)] and Section 17(e) of the referenced ‘‘publicly available information about significant influence. Similarly, the Exchange Act [15 U.S.C. 78q] expressly require that beneficial owners.’’ See Proposing Release at 20765. financial statements be certified by independent We believe reference to Commission filings is more public or certified accountants. In addition, precise and will clarify the scope of monitoring that 97 See supra footnote 57. Sections 12(b)(1)(J) and (K) and 13(a)(2) of the is discussed above. 98 See supra footnote 58. Exchange Act [15 U.S.C. 78l and 78m], Sections 105 See KPMG, FEI, and Invesco.

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Finally, although we carefully standard and require performing Proposing Release also noted that this considered the comments regarding multiple layers of overlapping and ‘‘known through reasonable inquiry’’ alternatives to the significant influence potentially conflicting analysis.108 The standard is generally consistent with test, we have not been persuaded to commenter cited to the definition of regulations implementing the retain the existing 10 percent bright-line ‘‘affiliate of the audit client’’ set forth in Investment Company Act, the Securities shareholder ownership test. We believe Rule 2–01(f)(4) of Regulation S–X to Act, and the Exchange Act,111 and that in situations where the lender is suggest that the reference to ‘‘control’’ therefore is a concept that already unable to influence the audit client under that definition could overlap with should be familiar to those charged with through its holdings, the lender’s the application of the significant compliance with the Loan Provision. ownership of an audit client’s equity influence test.109 However, the concept 2. Comments securities alone would not threaten an of ‘‘significance influence’’ in ASC 323 audit firm’s objectivity and impartiality. is distinct from any reference to Commenters generally expressed In these situations, we continue to ‘‘control’’ in Rule 2–01(f)(4) or support for the proposed amendment to believe that the significant influence test elsewhere under the federal securities add a ‘‘known through reasonable would more effectively determine laws. Specifically, the determination of inquiry’’ standard with respect to which shareholders have ‘‘a special and whether an entity has control of another identifying beneficial owners of the influential role with the issuer’’ by entity is distinct from whether an entity audit client’s equity securities.112 A focusing on a shareholder’s ability to has significant influence over the audit number of these commenters agreed that influence the policies and management client. For this reason, we do not believe the proposed amendment would of an audit client. the concept of ‘‘significant influence’’ in address compliance challenges and We disagree with the commenter who ASC 323 overlaps with other further agreed that if an auditor does not expressed support for retaining a 10 definitions. Moreover, the concept of know after reasonable inquiry that one percent bright-line test based on ‘‘significant influence,’’ which includes of its lenders is also a beneficial owner beneficial ownership.106 We continue to the 20 percent rebuttable presumption, of the audit client’s equity securities, believe that a test based on significant is not a new standard but has been part the auditor’s objectivity and impartiality influence, rather than one based on of the Commission’s auditor is unlikely to be impacted by its debtor- numerical bright lines, will better independence rules since 2000 and part creditor relationship with the lender.113 address the compliance challenges of the accounting standards since Other commenters requested guidance associated with the Loan Provision 1971.110 on what constituted ‘‘reasonable while also more effectively identifying debtor-creditor relationships that could D. Reasonable Inquiry Compliance 111 See, e.g., 17 CFR 240.3b–4 (Rule 3b–4 under Threshold the Exchange Act [15 U.S.C. 78a et seq.]) (stating, impair an auditor’s objectivity and with respect to the definition of foreign private impartiality. One potential benefit of the 1. Proposed Amendments issuer, that if, after reasonable inquiry, you are final amendments is that the significant As noted in the Proposing Release, unable to obtain information about the amount of shares represented by accounts of customers influence test could potentially identify another challenge in the application of risks to auditor independence that resident in the United States, you may assume, for the current Loan Provision involves the purposes of this definition, that the customers are might not have been identified under difficulty in accessing information about residents of the jurisdiction in which the nominee the existing 10 percent bright-line test. the ownership percentage of an audit has its principal place of business.); 17 CFR 230.144(g) (Rule 144(g) under the Securities Act) For example, a beneficial owner that client for purposes of the current 10 holds slightly less than 10 percent of an (noting that the term brokers’ transactions in section percent bright-line test. The proposed 4(4) of the Securities Act shall be deemed to audit client’s equity securities is likely amendments to the Loan Provision include transactions by a broker in which such to have similar incentives and ability to would have addressed concerns about broker after reasonable inquiry is not aware of circumstances indicating that the person for whose influence the auditor’s report than a accessibility to records or other beneficial owner that holds slightly account the securities are sold is an underwriter information about beneficial ownership with respect to the securities or that the transaction more than 10 percent of the same audit by adding a ‘‘known through reasonable is a part of a distribution of securities of the issuer); client’s equity securities. The existing inquiry’’ standard with respect to the 17 CFR 230.502(d) (Rule 502(d) under the Securities 10 percent threshold in the Loan identification of such owners. Under Act) (stating, with respect to limits on resales under Provision would differentially classify Regulation D, that the issuer shall exercise this proposed amendment, an audit reasonable care to assure that the purchasers of the these two hypothetical situations, firm, in coordination with its audit securities are not underwriters within the meaning despite their similarity. Under the final client, would be required to assess of section 2(a)(11) of the Securities Act, which amendments, an audit firm, where it is beneficial owners of the audit client’s reasonable care may be demonstrated by reasonable evaluating beneficial owners for inquiry to determine if the purchaser is acquiring equity securities who are known the securities for himself or for other persons). significant influence, would evaluate through reasonable inquiry. The Registered investment companies also are subject to both beneficial owners to determine if Proposing Release noted that if an a similar requirement to disclose certain known they have significant influence, thus auditor does not know after reasonable beneficial owners. See Item 18 of Form N–1A providing a consistent analysis under (‘‘State the name, address, and percentage of inquiry that one of its lenders is also a ownership of each person who owns of record or the Loan Provision for these beneficial owner of the audit client’s is known by the Fund to own beneficially 5% or economically similar fact patterns. equity securities, including because that more of any Class of the Fund’s outstanding equity Regarding the alternative of focusing on lender invests in the audit client securities.’’); and Item 19 of Form N–2 (‘‘State the material direct financial interests, we name, address, and percentage of ownership of each indirectly through one or more financial person who owns of record or is known by the discuss our reasons for not adopting a intermediaries, the auditor’s objectivity Registrant to own of record or beneficially five 107 materiality qualifier below. and impartiality is unlikely to be percent or more of any class of the Registrant’s One commenter raised concerns that impacted by its debtor-creditor outstanding equity securities.’’). 112 the 20 percent rebuttable presumption relationship with the lender. The See, e.g., Deloitte, PwC, KPMG, Crowe, CAQ, included in the significant influence NASBA, NYSCPA, PBTK, MFS Funds, Grundfest, Grant Thornton, MFDF, BDO, EY, Fidelity, NYC analysis would introduce a new 108 See NYC Bar. Bar, ICI/IDC, CCMC, RSM, T. Rowe Price, FEI, 109 See id. AICPA, AIC, SIFMA, Invesco, and Federated. 106 See CII. 110 See Accounting Principles Board (APB) 113 See, e.g., Deloitte, PwC, KPMG, CAQ, Grant 107 See infra Section II.F.1. Opinion No. 18 (March 1971). Thornton, MFDF, BDO, RSM, FEI, and AICPA.

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inquiry,’’ 114 such as whether reviewing audit that entity.118 Yet, in the auditor were auditing Fund ABC, a publicly available information or investment management context, series in Trust XYZ, the audit client for information readily available to the investors in a fund typically do not purposes of the Loan Provision would issuer would be sufficient for this possess the ability to influence the exclude all other series in Trust XYZ purpose. Several commenters requested policies or management of another fund and any other fund that otherwise substituting the proposed ‘‘known in the same fund complex. Although an would be considered an affiliate of the through reasonable inquiry’’ standard investor in one fund in a series audit client. The proposed amendment with a ‘‘known’’ standard,115 while two company can vote on matters put to would have, without implicating an commenters viewed both the ‘‘known’’ shareholders of the company as a whole, auditor’s objectivity and impartiality, and ‘‘known through reasonable rather than only to shareholders of one addressed the compliance challenges inquiry’’ standards to be similar.116 particular series, even an investor with associated with the application of the a substantial investment in one series Loan Provision where the audit client is 3. Final Amendments would be unlikely to have a controlling part of an ICC, such as when an accountant is an auditor of only one After considering the comments percentage of voting power of the fund within an ICC, and the auditor received, we are adopting the company as a whole. Moreover, as noted in the Proposing must be independent of every other amendment to add a ‘‘known through Release, for the purposes of the Loan fund (and other entity) within the ICC, reasonable inquiry’’ standard with Provision, the inclusion of certain regardless of whether the auditor audits respect to identifying beneficial owners entities in the ICC as a result of the that fund. of the audit client’s equity securities as definition of ‘‘audit client’’ is in tension proposed. In response to commenters, 2. Comments with the Commission’s original goal to we believe auditors and their audit facilitate compliance with the Loan Many commenters supported the clients could conduct the reasonable Provision without decreasing its proposal to amend the definition of inquiry analysis by looking to the audit effectiveness.119 Indeed, auditors often ‘‘audit client’’ for a fund under audit to client’s governance structure and have little transparency into the exclude funds that otherwise would be governing documents, Commission investors of other funds in an ICC considered affiliates of the audit filings about beneficial owners, or other 121 (unless they also audit those funds), and client. Several of these commenters information prepared by the audit client therefore, are likely to have little ability also agreed that the proposed which may relate to the identification of to collect such beneficial ownership amendment would address some of the a beneficial owner.117 information. compliance challenges associated with In addition, we have determined not the Loan Provision while still effectively to substitute a ‘‘known through 1. Proposed Amendments identifying lending relationships that reasonable inquiry’’ standard with a In order to address these compliance may impair independence.122 Two ‘‘known’’ standard because we believe challenges, the proposed rules, for commenters, however, asserted that an inquiry by the auditor and the audit purposes of the Loan Provision, would affiliates of an audit client should not be client in conjunction with the have excluded from the definition of categorically excluded from the consideration of the audit client’s audit client, for a fund under audit, any definition of ‘‘audit client’’ when governance structure, governing other fund that otherwise would be evaluating significant influence.123 documents, Commission filings, or other considered an affiliate of the audit Many commenters supported expanding information prepared by the audit client.120 Thus, for example, if an the proposed amendment to exclude client, would be a practical approach other non-fund affiliates in an that would not impose an undue burden 118 For example, under the current Loan investment company complex or private in identifying and evaluating beneficial Provision, an audit firm (‘‘Audit Firm B’’) could be fund complex (e.g., investment advisers, deemed not to be independent as to an audit client owners of the audit client’s equity broker-dealers, and service providers, under the following facts: Audit Firm A audits an such as custodians, administrators, and securities. investment company (‘‘Fund A’’) for purposes of 124 the Custody Rule. A global bank (‘‘Bank’’) has a transfer agents), while other E. Excluding Other Funds That Would greater than 10 percent interest in Fund A. Bank is Be Considered Affiliates of the Audit a lender to a separate Audit Firm B, but has no company but for the exclusions provided by section Client lending relationship with Audit Firm A. Audit Firm 3(c) of the Investment Company Act of 1940 (15 B audits another investment company (‘‘Fund B’’) U.S.C. 80a–3(c)). As discussed in the Proposing that is part of the same ICC as Fund A because it 121 See, e.g., Deloitte, PwC, KPMG, Crowe, CAQ, is advised by the same registered investment NASBA, PBTK, MFS Funds, Grundfest, Grant Release, the current definition of ‘‘audit adviser as Fund A. Under these facts, Audit Firm Thornton, MFDF, BDO, EY, Fidelity, NYC Bar, ICI/ client’’ in Rule 2–01 of Regulation S–X B would not be independent under the existing IDC, CCMC, RSM, T. Rowe Price, First Data, FEI, includes all ‘‘affiliates of the audit Loan Provision because the entire ICC would be AICPA, AIC, SIFMA, Invesco, and Federated. client,’’ which broadly encompasses, tainted as a result of Bank’s investment relationship 122 See, e.g., KPMG, BDO, EY, and FEI. with Fund A. 123 See KPMG and NYSCPA. One of these among others, each entity in an ICC of 119 See Proposing Release at 20762. See also 2000 commenters stated that affiliates of the audit client which the audit client is a part. In the Adopting Release, supra footnote 5, at 76035 (The should be excluded from the definition of ‘‘audit fund context, this expansive definition Commission, in adopting an ownership threshold of client’’ for the purposes of the Loan Provision, and of ‘‘audit client’’ could result in an audit 10 percent, rather than the five percent proposed, also described scenarios where it believes it is stated that ‘‘[w]e have made this change because we possible that an investor’s significant influence over firm being deemed not to be believe that doing so will not make the rule an entity can affect other affiliates of that entity. For independent as to a broad range of significantly less effective, and may significantly example, the commenter described a scenario entities, even where an auditor does not increase the ease with which one can obtain the where the policies for the portfolio management of information necessary to assure compliance with the fund under audit span a wider group of funds. this rule.’’). Under this scenario, an investor may have 114 See, e.g., KPMG, CAQ, Grant Thornton, BDO, 120 See proposed Rule 2–01(c)(1)(ii)(A)(2) of significant influence in a large fund in the complex EY, ICI/IDC, MFS Funds, RSM, T. Rowe Price, FEI, Regulation S–X which provided that for purposes that could result in effective influence over a sister SIFMA, and Federated. of paragraph (c)(1)(ii)(A), the term audit client for fund, where both funds are managed by the same 115 See, e.g., ICI/IDC, MFS Funds, T. Rowe Price, a fund under audit excludes any other fund that team under the same policies. See KPMG. SIFMA, Invesco, and Federated. otherwise would be considered an affiliate of the 124 See, e.g., Deloitte, PwC, KPMG, Crowe, CAQ, 116 See EY and FEI. audit client. The term fund means an investment MFS Funds, BDO, EY, Fidelity, ICI/IDC, RSM, T. 117 See also supra Section II.C. company or an entity that would be an investment Continued

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commenters supported broadening the the ability to influence these other funds entities out of the audit client proposed exclusion to all audit clients, in the fund complex.129 Another definition. However, to avoid any not just fund affiliates.125 Several commenter stated that investment confusion, we are clarifying that, for commenters recommended we address advisers that are part of an ICC of which purposes of the Loan Provision, the downstream affiliates of excluded an audit client is a part may conduct exclusion of sister funds from the audit funds, such as portfolio companies of business that is unrelated to serving as client definition also excludes entities the excluded funds.126 These the investment adviser to registered that would otherwise be included in the commenters generally argued that investment companies.130 A number of audit client definition solely by virtue of downstream affiliates of excluded funds commenters also specifically discussed their association with an excluded sister that are not audit clients do not pose a excluding certain entities in the typical fund. This clarification should remove threat to auditor independence since private equity fund structure from the any questions about whether entities in these affiliates, and investors in these definition of audit client, including which a sister fund invests (and that affiliates, do not have the ability to exert other funds advised by the private have an even more attenuated significant influence over the entity equity sponsor when the private equity relationship to a fund audit client) under audit.127 sponsor is the audit client.131 We also could themselves be treated as an audit Several other commenters also received other comments on the client for purposes of the Loan suggested excluding from the definition ‘‘affiliate of the audit client’’ definition, Provision. We agree with commenters of ‘‘audit client’’ other pooled which would impact other provisions of that these types of affiliates do not have investment vehicles in an investment the auditor independence rules and are the ability to exert significant influence company complex that may be deemed discussed below.132 over the entity under audit in these to be an affiliate of the audit client, circumstances and, therefore, should 3. Final Amendments including pooled products that are not not be treated as an audit client. investment companies and do not rely We are adopting, as proposed, the on Section 3(c) of the Investment amendment to the Loan Provision to F. Other Comments Company Act (e.g., commodity pools), exclude from the definition of audit In the Proposing Release, the as well as certain foreign funds.128 client, for a fund under audit, any other Commission also requested comment on These commenters were concerned that fund (e.g., ‘‘sister fund’’) that otherwise other matters that might have an effect these types of pooled investment would be considered an affiliate of the on the proposed amendments or the vehicles could be deemed to be audit client. Commenters generally Loan Provision and any suggestions for ‘‘affiliates of the audit client,’’ even supported this exclusion. However, in additional changes to other parts of Rule though a lender likely would not have response to commenters that urged us to 2–01 of Regulation S–X. exclude commodity pools that are part 1. Materiality Qualifier Rowe Price, AICPA, AIC, SIFMA, Invesco, and of an ICC, we have expanded the Federated. definition of ‘‘fund’’ in the final The Proposing Release did not 125 See, e.g., Deloitte, PwC, KPMG, CAQ, Grant amendments to provide that a include a materiality qualifier for the Thornton, BDO, EY, NYC Bar, RSM, First Data, FEI, commodity pool that is not an Loan Provision but requested comment and AICPA. on whether one should be included. 126 See, e.g., Crowe, CAQ, Grant Thornton, RSM, investment company or does not rely on EY, and AICPA. Crowe supported excluding Section 3 of the Investment Company Although a number of commenters downstream entities unless they had significant Act also is not considered a fund for expressed support for a materiality 134 influence over an entity being audited. purposes of the Loan Provision.133 A qualifier, there were diverse 127 See, e.g., Crowe, CAQ, and RSM. foreign fund that is part of an ICC would recommendations about how it should 128 See, e.g., ICI/IDC, MFS Funds, T. Rowe Price, be applied. A number of commenters SIFMA, Federated, and Invesco. As discussed be covered by the exclusion for funds below, for purposes of Rule 2–01, a ‘‘commodity other than the fund under audit. expressed support for assessing the pool’’ would be a commodity pool as defined in We agree that investors in a fund materiality of the loan to the auditor or 135 Section 1a(10) of the CEA that is not an investment typically do not possess the ability to covered person, while other company and does not rely on Section 3(c) of the commenters supported assessing the Investment Company Act. See, e.g., Reporting by influence the policies or management of Investment Advisers to Private Funds and Certain other ‘‘sister’’ funds and that this does materiality of the lender’s investment in 136 Commodity Pool Operations and Commodity not depend on whether the funds are the audit client. Several commenters Trading Advisors on Form PF, Investment Company investment companies or other types of held the view that if their Act Release No. 3308 (Oct. 31, 2011) [76 FR 71128 recommendation to exclude all affiliates (Nov. 16, 2011)]. We use the term ‘‘foreign fund’’ pooled investment vehicles. We also in this release to refer to an ‘‘investment company’’ believe that expanding the definition of of the entity under audit was adopted, as defined in Section 3(a)(1)(A) of the Investment ‘‘fund’’ to encompass commodity pools then a materiality qualifier would not be 137 Company Act that is organized outside the U.S. and is consistent with our intent to exclude necessary. that does not offer or sell its securities in the U.S. for a fund under audit any other funds After carefully considering the in connection with a public offering. See Section comments, we believe that the final 7(d) of the Investment Company Act (prohibiting a that otherwise would be considered an foreign fund from using the U.S. mails or any means affiliate of the audit client. amendments appropriately address the or instrumentality of interstate commerce to offer or Commenters also urged that we compliance challenges raised by the sell its securities in connection with a public existing Loan Provision while offering unless the Commission issues an order exclude any downstream affiliates of permitting the foreign fund to register under the excluded funds. We do not believe it is 134 Act). A foreign fund may conduct a private U.S. necessary to expressly carve these See, e.g., Deloitte, PwC, KPMG, Crowe, CAQ, offering in the United States without violating PTBK, Grant Thornton, BDO, EY, ICI/IDC, MFS Section 7(d) of the Act only if the foreign fund Funds, T. Rowe Price, SIFMA, Federated, CCMC, 129 See ICI/IDC. conducts its activities with respect to U.S. investors RSM, First Data, FEI, AICPA, and Invesco. 130 in compliance with either section 3(c)(1) or 3(c)(7) See Invesco. 135 See, e.g., Deloitte, PwC, KPMG, CAQ, BDO, of the Act (or some other available exemption or 131 See, e.g., AIC, EY, RSM, CCMC, Deloitte, CAQ, EY, ICI/IDC, MFS Funds, T. Rowe Price, SIFMA, exclusion). See Exemptions for Advisers to Venture and Grundfest. Federated, RSM, First Data, and Invesco. Capital Funds, Private Fund Advisers With Less 132 See infra Section II.F.2. 136 See, e.g., PwC, Crowe, CAQ, PTBK, Grant Than $150 Million in Assets Under Management, 133 A commodity pool that is an investment Thornton, BDO, EY, CCMC, RSM, First Data, and and Foreign Private Advisers, Investment Advisers company or that relies on Section 3 of the FEI. Act Release No. 3222 (June 22, 2011) [76 FR 39646 Investment Company Act would already be covered 137 See, e.g., KPMG, Crowe, CAQ, EY, Grant (July 6, 2011)]. by the fund exclusion. Thornton, RSM, and AICPA.

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refocusing the rule on the qualitative that for foreign private issuers). In ownership test does not recognize an nature of those lending relationships response to these comments and the accountant as independent if the auditors may have with lenders that need for more information gathering as accounting firm, any covered person in ‘‘hav[e] a special and influential role to how best to address these categories the firm, or any of his or her immediate with the audit client.’’ Accordingly, we of comments, the Chairman has directed family members has certain loans to or have retained the significant influence the staff to formulate recommendations from an audit client or an audit client’s test, as proposed, rather than having the to the Commission for possible officers, directors, or record or analysis turn on whether a specific loan additional changes to the auditor beneficial owners of more than 10 may be material to the lender or audit independence rules in a future percent of the audit client’s equity firm. We also believe that given the size rulemaking. securities. In addition, under the of the financial institutions, in terms of III. Other Matters existing rules, ‘‘audit client’’ is defined revenue or other quantitative measures, broadly to include any affiliate of the and the audit firms that have lending If any of the provisions of these entity whose financial statements are relationships with them, a materiality amendments, or the application of these being audited, which, for funds, would qualifier would result in scoping out provisions to any person or from the Loan Provision a broad range circumstance, is held to be invalid, such include each entity in an ICC of which of lending relationships and would not invalidity shall not affect other the audit client is a part. As discussed sufficiently address the threat to auditor provisions or application of such above, Commission staff has engaged in independence, in fact or appearance, provisions to other persons or extensive consultations with audit posed by at least some of these lending circumstances that can be given effect firms, funds, and operating companies relationships. Furthermore, when without the invalid provision or regarding the application of the Loan determining whether an accountant is application. Provision. These consultations revealed capable of exercising objective and Pursuant to the Congressional Review that a number of entities face significant impartial judgment, the auditor and Act,140 the Office of Information and practical challenges to comply with the audit client should consider all relevant Regulatory Affairs has designated these Loan Provision. These discussions also circumstances between an accountant amendments as not a ‘‘major rule,’’ as revealed that in certain scenarios, in and the audit client,138 which would defined by 5 U.S.C. 804(2). which the Loan Provision was include any qualitative and quantitative IV. Paperwork Reduction Act implicated, the auditor’s objectivity and factors. Moreover, adding a materiality impartiality in performing the required The final amendments do not impose qualifier could cause the auditor audit and interim reviews were not any new ‘‘collections of information’’ independence inquiry to be affected by impaired. fluctuating market conditions, rather within the meaning of the Paperwork 141 We are mindful of the benefits than an assessment that is market Reduction Act of 1995 (‘‘PRA’’), nor obtained from and the costs imposed by neutral.139 do they create any new filing, reporting, recordkeeping, or disclosure our rules and amendments.144 The 2. Other Potential Changes to the requirements. Accordingly, we are not following economic analysis seeks to Auditor Independence Rules submitting the final amendments to the identify and consider the likely benefits The final amendments are intended to Office of Management and Budget for and costs that will result from the final address the significant practical review in accordance with the PRA.142 amendments, including their effects on challenges associated with the existing We did not receive any comments about efficiency, competition, and capital Loan Provision. The Proposing Release our conclusion that there are no formation. The discussion below also solicited comment on other changes collections of information. elaborates on the likely economic effects to the Loan Provision and to the other V. Economic Analysis of the final amendments. auditor independence rules. Generally, these comments can be categorized as As discussed above, the Commission A. General Economic Considerations follows: (1) Relating to the Loan is adopting amendments to the Loan Provision in Rule 2–01 of Regulation S– In order for the reported information Provision, but not the significant to be useful to investors, it needs to be compliance challenges that need to be X to focus the analysis on beneficial relevant and reliable. The independent immediately addressed (e.g., other types ownership rather than both record and audit of such information by impartial of loans that commenters suggested beneficial ownership; replace the skilled professionals (i.e., auditors) is should be excluded from the Loan existing 10 percent bright-line shareholder ownership test with a intended to enhance the reliability of Provision, such as student loans); (2) 143 broadly impacting provisions of the ‘‘significant influence’’ test; add a auditor independence rules, including ‘‘known through reasonable inquiry’’ 144 Section 2(b) of the Securities Act [15 U.S.C. 77b(b)], Section 3(f) of the Exchange Act [17 U.S.C. the Loan Provision (e.g., comments standard with respect to identifying beneficial owners of the audit client’s 78c(f)], Section 2(c) of the Investment Company Act relating to the ‘‘covered person’’ and [15 U.S.C. 80a–2(c)], and Section 202(c) of the ‘‘affiliate of the audit client’’ equity securities; and exclude from the Investment Advisers Act [15 U.S.C. 80b–2(c)] definitions); or (3) broadly impacting definition of ‘‘audit client,’’ for a fund require the Commission, when engaging in under audit, any other funds that rulemaking where it is required to consider or provisions of the auditor independence determine whether an action is necessary or rules other than the Loan Provision (e.g., otherwise would be considered affiliates of the audit client under the Loan appropriate in the public interest, to consider, in suggestions to narrow the look-back addition to the protection of investors, whether the period for domestic initial public Provision. action will promote efficiency, competition and Under the existing rules, the 10 capital formation. Additionally, Section 23(a)(2) of offerings so that the period is similar to percent bright-line shareholder the Exchange Act [15 U.S.C. 78w(a)(2)] requires the Commission, when adopting rules under the 138 See Rule 2–01(b) of Regulation S–X. Exchange Act, to consider, among other things, the 140 139 For example, fluctuating market conditions 5 U.S.C. 801 et seq. impact that any new rule would have on 141 could cause changes in the value of the assets 44 U.S.C. 3501 et seq. competition and not to adopt any rule that would securing a loan, thereby leading to different 142 44 U.S.C. 3507(d) and 5 CFR 1320.11. impose a burden on competition that is not determinations at different times of the materiality 143 See Section II.C for a discussion of the concept necessary or appropriate in furtherance of the of a lending relationship. of ‘‘significant influence.’’ Exchange Act.

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financial reports.145 Conflicts of interest are likely to be relevant factors in such an estimate. As such we are not between companies or funds and their determining whether incentives exist for able to identify pairs of auditors- auditors may impair the objectivity and actions that could impair auditor institutions (lenders). Moreover, impartiality of the auditors in certifying independence. Beneficial ownership of sufficiently detailed and complete data the audit client’s reported performance, a company’s or fund’s equity securities on fund ownership are not available to thus lowering the credibility and by a lender to the company’s or fund’s us, and no commenters provided such usefulness of these disclosures to auditor is likely to pose a more data, thus limiting our ability to investors. Academic literature discusses significant risk to auditor independence estimate the prevalence/frequency of and documents the importance of the than record ownership of the company’s instances of significant fund ownership role of auditors as an external or fund’s securities by the same lender. by institutions that are also lenders to governance mechanism for the firm.146 The current Loan Provision may in fund auditors. These studies generally find that better some cases over-identify and in other Although data on fund ownership are audit quality improves financial cases under-identify threats to auditor not readily available, academic studies reporting by increasing the credibility of independence. The likelihood that the of operating companies have shown the financial reports. provision over-identifies threats to that, for a selected sample of firms, the An accounting firm is not auditor independence will tend to be average blockholder (defined as independent under the Loan Provision’s higher when the lender is not a beneficial owners of five percent or existing bright-line shareholder beneficial owner of an audit client and more of a company’s stock) holds about ownership test if the firm has a lending does not have incentives to influence 8.5 percent of a company’s voting relationship with an entity having the auditor’s report, but has record stock.148 These studies also show that record or beneficial ownership of more holdings that exceed the 10 percent numerous banks and insurance than 10 percent of the equity securities ownership threshold. On the other companies are included in the list of of either: (1) The firm’s audit client; or hand, under-identification of the threat blockholders. These findings suggest (2) any ‘‘affiliate of the audit client,’’ to auditor independence may occur that the prevalence of instances of including, but not limited to, any entity when the lender is a beneficial owner— significant ownership by institutions that is a controlling parent company of implying the existence of potential that are also lenders to auditors could be the audit client, a controlled subsidiary incentives to influence the auditor’s high. of the audit client, or an entity under report—and the investment is close to, As mentioned above, the final common control with the audit client. but does not exceed, the 10 percent amendments will impact audits for the The magnitude of a party’s investment ownership threshold.147 universe of affected entities. The in a company or fund is likely to be We are not aware of academic studies baseline analysis below focuses mainly positively related with any incentive of that specifically examine the economic on the investment management industry that party to use leverage over the effects of the Loan Provision. The because that is where the most auditor with whom the party has a remainder of the economic analysis in widespread issues with Loan Provision lending relationship in order to obtain this section presents the baseline against compliance have been identified to date; personal gain. which we perform our analysis, the however, the final rule will affect The 10 percent bright-line test in the anticipated benefits and costs of the entities outside of this space, which are Loan Provision does not, however, final amendments, potential effects on also subject to the auditor independence distinguish between holders of record efficiency, competition and capital rules.149 and beneficial owners even though formation, and an analysis of As shown in Table 1 below, as of beneficial owners are more likely to alternatives to the final amendments. December 2018, there were pose a risk to auditor independence approximately 12,577 fund series, with B. Baseline than record owners given that the total net assets of $23 trillion, that are financial gain of beneficial owners is The final amendments will change the covered by Morningstar Direct with tied to the performance of their Loan Provision compliance identified accounting firms.150 In investment, and as such, beneficial requirements for the universe of affected addition, there were 23 accounting firms owners may have strong incentives to registrants. We believe the main affected performing audits for these investment influence the auditor’s report. Record parties will be audit clients, audit firms, companies, though these auditing owners, on the other hand, may not and institutions engaging in financing services were concentrated among the benefit from the performance of transactions with audit firms and their four largest accounting firms. Indeed, securities of which they are record partners and employees. Other parties about 86 percent of the funds were owners, and as such, they may have low that may be affected are covered persons audited by the four largest accounting incentives to influence the report of the and their immediate family members. firms, corresponding to 98 percent of auditor. Both the magnitude and the Indirectly, the final amendments will the aggregate fund asset value.151 type of ownership in the audit client, affect audit clients’ investors. We are not able to precisely estimate 148 See Y. Dou, O. Hope, W. Thomas & Y. Zou, 145 See M. Defond & J. Zhang, A Review of the number of current auditor Blockholder Heterogeneity and Financial Reporting Archival Auditing Research, 58 J. Acct. & Econ. engagements that will be immediately Quality, working paper (2013). 149 275–326 (2014). affected by the final amendments. Based on data in the SEC’s EDGAR database, during the period from January 1, 2018 to December 146 See e.g., N. Tepalagul & L. Lin, Auditor Specifically, precise data on how audit Independence and Audit Quality: A Literature 31, 2018, there were a total of 6,919 entities that Review, 30 J. Acct. Audit. & Fin. 101–121 (2015); firms finance their operations and how filed at least one Form 10–K, 20–F, or 40–F, or an M. Defond & J. Zhang, A Review of Archival covered persons arrange their personal amendment to one of these forms. This total does Auditing Research, 58 J. Acct. & Econ. 275–326 financing are not available to us, and no not include investment companies and business (2014); Y. Chen, S. Sadique, B. Srinidhi, & M. development companies. commenters provided data to enable 150 Veeraraghavan, Does High-Quality Auditing These fund statistics are based on information Mitigate or Encourage Private Information available from Morningstar Direct, and may not Collection?; and R. Ball, S. Jayaraman & L. 147 We are unable to estimate the extent to which represent the universe of fund families. The Shivakumar, Audited Financial Reporting and the 10 percent ownership threshold may over- or statistics include open-end funds, closed-end funds, Voluntary Disclosure as Complements: A Test of the under-identify threats to independence because, and exchange traded funds. Confirmation Hypothesis, J. Acct. & Econ. 53(1): among other reasons, fund ownership data is not 151 According to aggregated information from 136–166 (2012). readily available. Forms 2, as of December 31, 2018, there were 1,862

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TABLE 1—AUDITED FUND SERIES AND Importantly, the Fidelity No-Action a holder of record, the final THEIR INVESTMENT COMPANY AUDI- Letter did not amend the underlying amendments will exclude relationships TORS rule. Staff has continued to receive that are not likely to be a risk to auditor inquiries from registrants and independence. The final amendments [As of December 31, 2018] accounting firms regarding the will thus provide benefits to the extent application of the Loan Provision, or Total Number of Fund Series 12,577 that they alleviate compliance and Average Number of Fund clarification of the Fidelity No-Action related burdens that auditors and audit Series Per Auditor ...... 547 Letter, and requests for consultation clients would otherwise incur to Average Net Assets (in mil- regarding issues not covered in the analyze debtor-creditor relationships lions) Per Auditor ...... 1,023,086 Fidelity No-Action Letter. As a result of that are not likely to threaten an Four Largest Audit Firms: the remaining compliance uncertainty, auditor’s objectivity and impartiality. Total Number of Fund auditors and audit committees may Affected registrants also will be less Series ...... 10,876 spend a significant amount of time and likely to disqualify auditors in Average Number of effort to comply with the Loan Fund Series Per Audi- situations that do not pose a risk to tor ...... 2,719 Provision. auditor independence, thereby reducing Average Net Assets (in C. Anticipated Benefits and Costs auditor search costs for these entities. millions) Per Auditor .. 5,757,533 The potential expansion of the pool of % of Four Audit Firms by Se- 1. Anticipated Benefits eligible auditors also could result in ries ...... 86% Overall, we anticipate monitoring for % of Four Audit Firms by Net better matching between the auditor and Assets ...... 98% non-compliance throughout the the client. For example, auditors tend to reporting period will be less exhibit a degree of specialization in The scope of the auditor burdensome for registrants under the certain industries.153 If fewer auditors independence rules, including the Loan final amendments. For example, based are considered to be independent due to Provision, extends beyond the audit on the 10 percent bright-line test, an the Loan Provision, then companies client to encompass affiliates of the auditor may be in compliance at the may have to select an auditor without audit client. According to Morningstar beginning of the reporting period. the relevant specialization to perform Direct, as of December 31, 2018, 543 out However, the percentage of ownership the audit. Such an outcome could of 901 fund families 152 have more than may change during the reporting period, impact the quality of the audit and, as one fund, 162 have at least 10 funds, 57 which may result in an auditor a consequence, negatively impact the have more than 50 funds, and 38 have becoming non-compliant, even though quality of financial reporting to the more than 100 funds. According to the there may be no threat to the auditor’s detriment of the users of information Investment Company Institute, also as of objectivity or impartiality. A significant contained in audited financial reports. December 31, 2018, there were influence framework is likely to better Because they lack experience in the approximately 11,587 open-end funds identify a lack of independence and relevant industry, this outcome also and around 5,500 closed-end funds, help avoid such anomalous outcomes. may lead to less specialized auditors with many funds belonging to the same There are also potential benefits expending more time to perform the fund family. Given that many fund associated with excluding record audit service, thereby increasing audit complexes have several funds, with holders from the Loan Provision. fees for registrants. We anticipate that some complexes having several hundred Currently, the Loan Provision uses the the final amendments likely will funds, if any auditor is deemed not in magnitude of ownership by an auditor’s positively impact audit quality for compliance with the Loan Provision lender as an indication of the likelihood scenarios such as the one described with respect to one fund, under the of a threat to auditor independence above. Relatedly, if the final current rule it cannot audit any of the regardless of the nature of ownership. amendments expand the pool of eligible other funds within the same ICC. From an economic standpoint, the auditors, we expect increased In response to compliance challenges, nature of ownership also could competition among auditors, which and as discussed above, Commission determine whether the lender has could reduce the cost of audit services staff issued the Fidelity No-Action incentives as well as the ability to use to affected companies and, if such cost Letter. The Fidelity No-Action Letter, any leverage (due to the lending savings are passed through to investors, however, did not resolve all compliance relationship) over the auditor that could could result in a lower cost to investors. uncertainty, was limited in scope, and affect the objectivity of the auditor. For However, as discussed in Section V.B provided staff-level no-action relief to example, a lender that is a record owner above, the audit industry is highly the requestor based on the specific facts of the audit client’s equity securities concentrated, and as a consequence, and circumstances in the request. may be less likely to attempt to such a benefit may not be significant.154 influence the auditor’s report than a audit firms registered with the PCAOB (of which lender that is a beneficial owner of the 153 See e.g., N. Dopuch & D. Simunic, 984 are domestic audit firms, with the remaining audit client’s equity securities because, Symposium, Competition in Auditing: An 878 audit firms located outside the United States). unlike a record holder, a beneficial Assessment, Fourth Symposium on Auditing The concentration in the provision of audit services Research, p 401–450 (1982); and R.W. Knechel, V. for investment companies is indicative of the owner has an economic interest in the Naiker & G. Pachecho, Does Audit Industry overall market as well. According to a report by equity securities. By taking into account Specialization Matter? Evidence from Market Audit Analytics, the four largest accounting firms the nature as well as the magnitude of Reaction to Auditor Switches, 26 Audit. J. Prac. & audit 75% of accelerated and large accelerated ownership, the final amendments will Theory 19–45 (2007). filers. See Who Audits Larger Public Companies- 154 The final amendments could result in some 2018 Edition, available at http:// focus on additional qualitative crowding-out effect, as the four largest audit firms www.auditanalytics.com/blog/who-audits-larger- information to assess the relationship may be deemed to be independent with more public-companies-2018-edition. between the lender and the investee clients, potentially crowding out smaller audit 152 These fund statistics are based on information (e.g., a company or fund). Thus, we firms. We discuss this effect in more detail in available from Morningstar Direct and may not Section V.D below. However, we believe that better represent the universe of fund families. The believe that, where there may be weak matching between auditors’ specialization and their statistics include open-end funds, closed-end funds incentives by the lender to influence the clients and reduced unnecessary auditor turnovers and ETFs. audit, such as when the lender is only Continued

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Another potential benefit of the final is implicated during the period. We specialized auditors and their clients amendments is that the replacement of anticipate that the final amendments should have a positive effect on audit the bright-line test with the significant likely will avoid changes in auditors’ quality. In contrast to the proposal, the influence test could potentially identify independence status solely as a result of final amendments also exclude risks to auditor independence that small changes in the magnitude of commodity pools from the definition of might not have been identified under ownership of audit client securities and ‘‘audit client,’’ extending these benefits the existing 10 percent bright-line thereby mitigate any negative to a broader set of auditor-client test.155 For example, a beneficial owner consequences that can arise from relationships. that holds slightly less than 10 percent uncertainty about compliance and the The final amendments also could of an audit client’s equity securities is associated costs to the funds or have a positive impact on the cost of likely to have similar incentives and companies and their investors. audit firms’ financing. The final ability to influence the auditor’s report Adding a ‘‘known through reasonable amendments may result in an expanded than a beneficial owner that holds the inquiry’’ standard could potentially set of choices among existing sources of same audit client’s equity securities at improve the practical application of the financing. This could lead to more slightly above the 10 percent threshold. Loan Provision, particularly in the efficient financing activities for audit The existing Loan Provision context of funds. As described above, firms, thus potentially lowering the cost differentially classifies these two some of the challenges to compliance of capital for these firms. If financing hypothetical situations, despite their with the existing Loan Provision involve costs for audit firms decrease as a result similarity. To the extent that the final the lack of access to information about of the final amendments, then such amendments are able to improve the ownership percentage of a fund that savings may be passed on to the audit identification of potential risks to was also an audit client. If an auditor client in the form of lower audit fees. auditor independence through the use does not know that one of its lenders is Investors also may benefit from reduced of qualitative criteria, investors are also an investor in an audit client, audit fees if the savings are passed on likely to benefit from the final including because that lender invests in to investors. The Commission amendments. In the example above, the audit client indirectly through one understands, however, that audit firms under the final amendments, an audit or more financial intermediaries, the likely already receive market financing firm will evaluate both beneficial auditor’s objectivity and impartiality terms. Therefore, this effect may not be owners to determine if they have may be less likely to be impacted by its significant in practice. significant influence, thus providing a debtor-creditor relationship with the Replacing the 10 percent bright-line consistent analysis under the Loan lender. The ‘‘known through reasonable test with the significant influence test Provision for these economically similar inquiry’’ standard we are adopting is also potentially allows more financing fact patterns. generally consistent with regulations channels for the covered persons in Another potential benefit of replacing implementing the Investment Company accounting firms and their immediate the bright-line ownership test with a Act, the Securities Act and the family members.158 For example, the significant influence test is that Exchange Act,156 and therefore is a covered persons may not be able to fluctuations in the ownership concept that already should be familiar borrow money from certain lenders due percentage that do not change the to those charged with compliance with to potential non-compliance with the economics of the relationship between the provision. This standard is expected existing Loan Provision. A larger set of the auditor and the audit client likely to reduce the compliance costs for audit financing channels may potentially lead will not result in the auditor being firms as they could significantly reduce to lower borrowing costs for covered deemed not to be independent. For their search costs for information and persons. Lower borrowing costs may instance, there may be instances in data to determine beneficial ownership. encourage covered persons to make which non-compliance with the Loan Given that this will not be a new additional investments. Provision may occur during the standard in the Commission’s regulatory 2. Anticipated Costs and Potential reporting year, after an auditor is regime, we do not expect a significant Unintended Consequences selected by the registrant or fund. adjustment to apply the ‘‘known Using a significant influence test for Particularly for companies in the through reasonable inquiry’’ standard the Loan Provision may increase the investment management industry, an for auditors and their audit clients. demands on the time of auditors and auditor may be deemed to comply with Amending the definition of ‘‘audit audit clients as they seek to familiarize the Loan Provision using the bright-line client’’ to exclude any fund not under themselves with the test and gather and test when the auditor is hired by the audit that otherwise would be assess the relevant information to apply fund but, due to external factors, such considered an ‘‘affiliate of the audit the test. However, given that the as redemption of investments by other client’’ might potentially lead to a larger significant influence test has been part owners of the fund during the period, pool of eligible auditors, potentially of the Commission’s auditor the lender’s ownership level may reducing the costs of switching auditors independence rules since 2000 and has increase and exceed 10 percent. Such and creating better matches between existed in U.S. GAAP since 1971, we do outcomes will be less likely under the auditors and clients. In addition, the not expect a significant learning curve final amendments, which take into larger set of potentially eligible auditors in applying the test. We also do not account multiple qualitative factors in could improve matching between expect significant compliance costs for determining whether the Loan Provision auditor specialization and client needs and may lead to an increase in auditors to implement the significant influence test in the context of the Loan could potentially prevent audit quality decline and competition among auditors. Though in the long run may improve audit quality. the concentrated nature of the audit Provision given that they already are 155 This benefit will be limited to the extent that industry may not give rise to a required to apply the concept in other an auditor whose lending relationships are not significant increase in competition,157 parts of the auditor independence rules. implicated by the Loan Provision’s existing 10 the improved matching between We recognize that funds do not percent bright-line ownership test would be otherwise identified as not meeting the general generally apply a significant influence independence requirement in Rule 2–01(b) of 156 See supra footnote 111. Regulation S–X. 157 See infra Section V.D. 158 See Rule 2–01(f)(11) of Regulation S–X.

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test for financial reporting purposes. As undertake audit engagements without passed on to their audit clients. such, despite the fact that they are implicating the Loan Provision, then However, as noted above, this effect required to apply the significant audit clients will have more options may not be significant given that audit influence test to comply with the and, as a result, audit costs may firms likely already receive market existing Commission independence decrease, although given the highly financing terms. rules, their overall familiarity in other concentrated nature of the audit The final amendments also may lead contexts may be less and thus the industry, this effect may not be to changes in the competitive structure demands on their time to apply the test significant. Moreover, the potential of the audit industry. We expect more may be relatively greater than for expansion of choice among eligible accounting firms to be eligible to operating companies. However, the audit firms and the reduced risk of provide auditing services and be in Commission is reiterating and providing being required to switch auditors may compliance with auditor independence expanded guidance about the lead to better matching between the under the final amendments. If larger application of the significant influence audit client and the auditor. Improved audit firms are more likely to engage in test in the fund context,159 which may matching between auditor specialties significant financing transactions and reduce the attendant costs for funds. and audit clients could enable auditors are more likely not to be in compliance The replacement of the bright-line test to perform auditing services more with the existing Loan Provision, then with the significant influence test and efficiently, thus potentially reducing these firms are more likely to be the adoption of the ‘‘known through audit fees and increasing audit quality positively affected by the final reasonable inquiry’’ standard will over the long term. Higher audit quality amendments. In particular, these firms introduce more judgment in the is linked to better financial reporting, may be able to compete for or retain a determination of compliance with the which could result in a lower cost of larger pool of audit clients. At the same Loan Provision. As discussed earlier, capital. Reduced expenses and higher time, the larger firms’ potentially the significant influence test contains audit quality may decrease the overall increased ability to compete for audit multiple qualitative elements to be cost of investing as well as the cost of clients could potentially crowd out considered in determining whether an capital with potential positive effects on smaller audit firms. However, we investor has significant influence over capital formation. However, due to the estimate that four audit firms already the operating and financial policies of concentrated nature of the audit perform 86 percent of audits in the the investee. As a result, there may be industry, we acknowledge that any such investment management industry.160 As additional transition costs to the extent effects may not be significant. a result, we do not expect any potential an auditor and audit client need to The replacement of the existing change in the competitive dynamics adjust their compliance activities to bright-line test with the significant among auditors for registered now focus on these new elements. The influence test could more effectively investment companies to be significant. judgment involved in the application of capture those relationships that may the significant influence test also could pose a threat to an auditor’s objectivity E. Alternatives lead to potential risks regarding auditor and impartiality. To the extent that the The existing Loan Provision applies to independence. In particular, because the final amendments do so, the quality of loans to and from the auditor by ‘‘record significant influence test relies on financial reporting is likely to improve, or beneficial owners of more than 10 qualitative factors that necessarily and the amount of board attention to percent of the audit client’s equity involve judgment, there is a risk that the independence questions when securities.’’ As discussed earlier, record significant influence test could result in impartiality is not at issue is likely to be owners are relatively less likely to have mistakenly classifying a non- reduced, thus allowing the board to incentives to take actions that would independent auditor as independent focus on its other responsibilities. For threaten auditor independence than are under the Loan Provision. However, example, an operating company’s board beneficial owners. An alternative auditor reputational concerns may might focus on hiring the best approach to the final amendments impose some discipline on the management, choosing the most value- would be to maintain the 10 percent application of the significant influence enhancing investment projects, and bright-line test, but to distinguish test in determining compliance with the monitoring management to maximize between types of ownership under the Loan Provision, thus mitigating this shareholder value, and this sharpened 10 percent bright-line test and tailor the focus could potentially benefit risk. rule accordingly. For example, record shareholders. Furthermore, we expect owners could be excluded from the 10 D. Effects on Efficiency, Competition, that improved identification of threats percent bright-line test, to which and Capital Formation to auditor independence would increase beneficial owners would remain subject. The Commission believes that the investor confidence about the quality The potential benefit of distinguishing final amendments are likely to improve and accuracy of the information between types of ownership while the application of the Loan Provision, reported. Reduced uncertainty about the retaining the 10 percent bright-line test enhance efficiency of implementation, quality and accuracy of financial is that applying a bright-line test would and reduce compliance burdens. The reporting should attract capital, and involve less judgment than a significant final amendments also may facilitate thus facilitate capital formation. Under the final amendments, audit influence test. One commenter capital formation. 161 The final amendments may expand an firms would potentially be able to draw supported such an approach. audit client’s choices by expanding the upon a larger set of lenders, which number of auditors that meet the auditor could lead to greater competition among 160 The market share of the four largest accounting firms in other industries is significantly independence rules under the Loan lending institutions and thus lower high as well. According to the sample of 6,754 Provision. As discussed earlier, the borrowing costs for audit firms. Again, registrants covered by Audit Analytics in 2018, the current bright-line test may be over- this could result in lower audit fees, four largest accounting firms’ mean (median) inclusive under certain circumstances. lower fund fees, lower compliance market share across industries (based on two digit standard industry code) is 58% (56%). The upper If more audit firms are eligible to expenses, and help facilitate capital quartile is as high as 62% with low quartile of the formation, to the extent that lower distribution being 49%. 159 See supra section II.C.3. borrowing costs for audit firms get 161 See CII.

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Although excluding record holders additional information to assess their • Focus the analysis on beneficial could partially overcome the over- compliance with the Loan Provision. ownership; • inclusiveness of the existing rule, we Another alternative would be to replace the existing 10 percent believe the significant influence test we assess the materiality of the lending bright-line shareholder ownership test are adopting will more effectively detect with a ‘‘significant influence’’ test; relationship between the auditor and • possible threats to auditor the lending institution in conjunction add a ‘‘known through reasonable independence by focusing on the with the significant influence test. A inquiry’’ standard with respect to shareholder’s ability to influence the number of commenters supported such identifying beneficial owners of the financial and operating policies of an an approach.162 The materiality of the audit client’s equity securities; and • exclude from the definition of audit client. For example, merely lending relationship between the lender ‘‘audit client,’’ for a fund under audit, owning more than 10 percent of an and the auditor, from both the lender’s any other funds that otherwise would be audit client’s equity securities might not and the auditor’s points of view, could considered affiliates of the audit client necessarily mean a lender to the auditor act as an indicator of the leverage that has the ability to influence the auditor’s under the Loan Provision. the lender may have if it attempts to The need for, and objectives of, the report (i.e., the lender’s ownership of influence the auditor’s report. However, the audit client’s equity securities may final amendments are discussed in more given the typical size of most impacted detail in Sections I and II above. not, in itself, threaten an audit firm’s audit firms and lending institutions, a objectivity and impartiality). The materiality component might effectively B. Significant Issues Raised by Public adopted significant influence test also exclude most, if not all, lending Comment could identify risks to auditor relationships, including those that pose In the Proposing Release, we independence in situations where a a threat to an auditor’s objectivity and requested comment on the IRFA, beneficial owner holds slightly under 10 impartiality. In addition, lending requesting in particular comment on the percent of an audit client’s equity and relationships could be affected by number of small entities that would be is likely to have incentives and ability market conditions, which might affect subject to the proposed amendments to to influence the auditor’s report, but the the market neutrality of the auditor Rule 2–01 of Regulation S–X, and the lending relationship would not have independence inquiry. For example, existence or nature of the potential been identified as independence- fluctuating market conditions could impact of the proposed amendments on impairing under the existing 10 percent cause changes in the value of the assets small entities discussed in the analysis. bright-line test. securing a loan thereby causing different In addition, we requested comments A second alternative would be to use determinations at different times of the regarding how to quantify the impact of the materiality of a stock holding to the materiality of a lending relationship. the proposed amendments and lender in conjunction with the VI. Final Regulatory Flexibility alternatives that would accomplish our significant influence test as a proxy for Analysis stated objectives while minimizing any incentives that could threaten auditor significant adverse impact on small independence. Specifically, the The Regulatory Flexibility Act entities. We also requested that significance of the holding to the lender (‘‘RFA’’) 163 requires the Commission, in commenters describe the nature of any could be assessed based on the promulgating rules under section 553 of effects on small entities subject to the magnitude of the stock holding to the the Administrative Procedure Act,164 to proposed amendments to Rule 2–01 of lender (i.e., what percentage of the consider the impact of those rules on Regulation S–X and provide empirical lender’s assets are invested in the audit small entities. We have prepared this data to support the nature and extent of client’s equity securities), after Final Regulatory Flexibility Analysis such effects. Furthermore, we requested determining whether the lender has (‘‘FRFA’’) in accordance with Section comment on the number of accounting significant influence over the audit 604 of the RFA.165 This FRFA relates to firms with revenue under $20.5 million. client. For example, two institutions final amendments to Rule 2–01 of We did not receive comments regarding that hold 15 percent of a fund may be Regulation S–X. An Initial Regulatory the impact of our proposal on small committing materially different amounts Flexibility Analysis (‘‘IRFA’’) was entities. of their capital to the specific prepared in accordance with the RFA investment. The incentives to influence and was included in the Proposing C. Small Entities Subject to the Final the auditor’s report are likely to be Release. The Proposing Release Rules stronger for the lender that commits the included, and solicited comment on, the The final amendments will affect relatively larger amount of capital to a IRFA. small entities that file registration specific investment. As such, the statements under the Securities Act, the materiality of the investment to a lender A. Need for the Amendments Exchange Act, and the Investment with significant influence could be used As discussed above, the primary Company Act and periodic reports, as an indicator of incentives by the reason for, and objective of, the final proxy and information statements, or lender to attempt to influence the amendments is to address certain other reports under the Exchange Act or auditor’s report and may better capture significant compliance challenges for the Investment Company Act, as well as those incentives that could pose a threat audit firms and their audit clients smaller registered investment advisers to auditor independence. However, resulting from application of the Loan and smaller accounting firms. The RFA given the typical size of lending Provision that do not otherwise appear defines ‘‘small entity’’ to mean ‘‘small institutions, a materiality component to affect the impartiality or objectivity of business,’’ ‘‘small organization,’’ or might effectively exclude most, if not the auditor. Specifically, the final ‘‘small governmental jurisdiction.’’ 166 all, lending relationships, including amendments will: The Commission’s rules define ‘‘small those that pose a threat to an auditor’s business’’ and ‘‘small organization’’ for objectivity and impartiality. In addition, 162 See supra footnote 136. purposes of the Regulatory Flexibility this alternative could impose additional 163 5 U.S.C. 601 et seq. Act for each of the types of entities costs on auditors and audit clients, as 164 5 U.S.C. 553. they would need to gather and analyze 165 5 U.S.C. 604. 166 5 U.S.C. 601(6).

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regulated by the Commission. Title 17 assets of $5 million or more on the last not significantly increase costs for CFR 230.157 167 and 17 CFR 240.0– day of its most recent fiscal year.173 We smaller entities, including smaller 10(a) 168 define an issuer, other than an estimate that there are approximately accounting firms. The concept of investment company, to be a ‘‘small 552 investment advisers that will be ‘‘significant influence’’ already exists in business’’ or ‘‘small organization’’ if it subject to the final amendments that the auditor independence rules and in had total assets of $5 million or less on may be considered small entities.174 U.S. GAAP,179 and accounting firms, the last day of its most recent fiscal year. For purposes of the RFA, a broker- issuers and their audit committees are We estimate that, as of December 31, dealer is considered to be a ‘‘small already required to apply the concept in 2018, there are approximately 1,173 business’’ if its total capital (net worth these contexts and may have developed issuers, other than registered investment plus subordinated liabilities) is less than practices, processes or controls for companies, that may be subject to the $500,000 on the date in the prior fiscal complying with these provisions.180 We final amendments.169 The final year as of which its audited financial believe that these entities likely will be amendments will affect small entities statements were prepared pursuant to able to leverage any existing practices, that have a class of securities that are Rule 17a–5(d) under the Exchange processes, or controls to comply with registered under Section 12 of the Act,175 or, if not required to file such the final amendments. We are also Exchange Act or that are required to file statements, a broker-dealer with total providing additional guidance in this reports under Section 15(d) of the capital (net worth plus subordinated release to clarify the application of the Exchange Act. In addition, the final liabilities) of less than $500,000 on the significant influence test in the fund amendments will affect small entities last day of the preceding fiscal year (or context, which may further facilitate that file, or have filed, a registration in the time that it has been in business, compliance. statement that has not yet become if shorter); and that is not affiliated with We also believe that the ‘‘known effective under the Securities Act and any person (other than a natural person) through reasonable inquiry’’ standard that has not been withdrawn. that is not a small business or small will not significantly increase costs for An investment company is considered organization.176 As of December 2018, smaller entities, including smaller to be a ‘‘small business’’ for purposes of there were approximately 985 small accounting firms. The ‘‘known through the RFA, if it, together with other entity broker-dealers that will be subject reasonable inquiry’’ standard is investment companies in the same to the final amendments.177 generally consistent with regulations group of related investment companies, Our rules do not define ‘‘small implementing the Investment Company has net assets of $50 million or less at business’’ or ‘‘small organization’’ for Act, the Securities Act, and the the end of the most recent fiscal year.170 purposes of accounting firms. The Small Exchange Act.181 Smaller entities, We estimate that, as of December 2018, Business Administration (SBA) defines including smaller accounting firms, there were 114 investment companies ‘‘small business,’’ for purposes of should therefore already be familiar that would be considered small accounting firms, as those with under with the concept. To further facilitate entities.171 We estimate that, as of $20.5 million in annual revenues.178 We compliance, we are also providing December 31, 2018, there were 59 open- have limited data indicating revenues additional guidance in this release to end investment companies that will be for accounting firms, and we cannot clarify what the ‘‘known through subject to the final amendments that estimate the number of firms with less reasonable inquiry’’ standard requires. may be considered small entities. This than $20.5 million in annual revenue. In addition, we believe that the final number includes open-end ETFs.172 We also did not receive any data from amendments to exclude record owners For purposes of the RFA, an commenters that would enable us to and certain fund affiliates for purposes investment adviser is a small entity if it: make such an estimate. of the Loan Provision will reduce costs (1) Has assets under management for smaller entities, including smaller having a total value of less than $25 D. Projected Reporting, Recordkeeping accounting firms. million; and Other Compliance Requirements Compliance with the final (2) did not have total assets of $5 The final amendments will not amendments will require the use of million or more on the last day of the impose any reporting, recordkeeping, or professional skills, including accounting most recent fiscal year; and disclosure requirements. The final and legal skills. The final amendments (3) does not control, is not controlled amendments will impose new are discussed in detail in Section II by, and is not under common control compliance requirements with respect above. We discuss the economic impact, with another investment adviser that to the Loan Provision. including the estimated costs, of the has assets under management of $25 Although we are replacing the 10 final amendments in Section V above. million or more, or any person (other percent bright-line test with a than a natural person) that had total ‘‘significant influence’’ test that requires E. Agency Action To Minimize Effect on the application of more judgment, we Small Entities 167 Securities Act Rule 157. The RFA directs us to consider 168 believe that the final amendments will Exchange Act Rule 0–10(a). significant alternatives that would 169 This estimate is based on staff analysis of issuers, excluding co-registrants, with EDGAR 173 17 CFR 275.0–7. accomplish our stated objectives, while filings on Forms 10–K, 20–F, and 40–F, or 174 This estimate is based on Commission- minimizing any significant adverse amendments filed during the calendar year of registered investment adviser responses to Form impacts on small entities. Accordingly, January 1, 2018 to December 31, 2018. The analysis ADV, Part 1A, Items 5.F and 12. we considered the following is based on data from XBRL filings, Compustat, and 175 17 CFR 240.17a–5(d). Ives Group Audit Analytics. 176 17 CFR 240.0–10(c). alternatives: 170 17 CFR 270.0–10(a). 177 This estimate is based on the most recent 171 This estimate is based on staff review of data information available, as provided in Form X–17A– 179 See ASC 323 and supra footnote 44. obtained from Morningstar Direct as well as data 5 Financial and Operational Combined Uniform 180 Although the concept of ‘‘significant reported on Forms N–CEN, N–Q, 10–K, and 10–Q Single Reports filed pursuant to Section 17 of the influence’’ is not as routinely applied today in the filed with the Commission as of June 2018. Exchange Act and Rule 17a-5 thereunder. funds context for financial reporting purposes, 172 This estimate is derived from an analysis of 178 13 CFR 121.201 and North American Industry nevertheless, the concept of significant influence is data obtained from Morningstar Direct as well as Classification System (NAICS) code 541211. The applicable to funds under existing auditor data reported on Form N–SAR filed with the SBA calculates ‘‘annual receipts’’ as all revenue. independence rules. Commission for the period ending June 30, 2017. See 13 CFR 121.104. 181 See supra footnote 111.

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• Establishing different compliance or VII. Codification Update (A) Loans/debtor-creditor reporting requirements or timetables The ‘‘Codification of Financial relationship. (1) Any loan (including that take into account the resources Reporting Policies’’ announced in any margin loan) to or from an audit available to small entities; Financial Reporting Release No. 1 182 client, or an audit client’s officers, • clarifying, consolidating, or (April 15, 1982) is updated by adding at directors, or beneficial owners (known simplifying compliance and reporting the end of Section 602, under the through reasonable inquiry) of the audit requirements under the amendments for Financial Reporting Release Number client’s equity securities where such small entities; (FR–85) assigned to this final release, beneficial owner has significant • using performance rather than the text in Sections I and II of this influence over the audit client, except design standards; and release. for the following loans obtained from a The Codification is a separate • financial institution under its normal exempting small entities from publication of the Commission. It will lending procedures, terms, and coverage of all or part of the not be published in the Code of Federal requirements: amendments. Regulations. (i) Automobile loans and leases In connection with the amendments VIII. Statutory Basis collateralized by the automobile; to Rule 2–01 of Regulation S–X, we do not think it feasible or appropriate to The amendments described in this (ii) Loans fully collateralized by the establish different compliance or release are being adopted under the cash surrender value of an insurance reporting requirements or timetables for authority set forth in Schedule A and policy; small entities. The amendments are Sections 7, 8, 10, and 19 of the (iii) Loans fully collateralized by cash designed to address compliance Securities Act, Sections 3, 10A, 12, 13, deposits at the same financial 14, 17, and 23 of the Exchange Act, challenges for both large and small institution; and issuers and audit firms. With respect to Sections 8, 30, 31, and 38 of the (iv) A mortgage loan collateralized by clarification, consolidation or Investment Company Act, and Sections the borrower’s primary residence simplification of compliance and 203 and 211 of the Investment Advisers reporting requirements for small Act. provided the loan was not obtained while the covered person in the firm entities, the amendments do not contain List of Subjects in 17 CFR Parts 210 any new reporting requirements. While was a covered person. Accountants, Accounting, Banks, the amendments create a new (2) For purposes of paragraph Banking, Employee benefit plans, compliance requirement that focuses on (c)(1)(ii)(A) of this section: Holding companies, Insurance ‘‘significant influence’’ over the audit companies, Investment companies, Oil (i) The term audit client for a fund client to better identify those lending and gas exploration, Reporting and under audit excludes any other fund relationships that could impair an recordkeeping requirements, Securities, that otherwise would be considered an auditor’s objectivity and impartiality, Utilities. affiliate of the audit client; that standard is more qualitative in nature and its application will vary In accordance with the foregoing, the (ii) The term fund means: An according to the circumstances. This Commission amends title 17, chapter II investment company or an entity that more flexible standard will be of the Code of Federal Regulations as would be an investment company but applicable to all issuers, regardless of follows: for the exclusions provided by Section 3(c) of the Investment Company Act of size. PART 210—FORM AND CONTENT OF 1940 (15 U.S.C. 80a–3(c)); or a With respect to using performance AND REQUIREMENTS FOR FINANCIAL commodity pool as defined in Section rather than design standards, we note STATEMENTS, SECURITIES ACT OF that our amendments establishing a 1933, SECURITIES EXCHANGE ACT 1a(10) of the U.S. Commodity Exchange ‘‘significant influence’’ test and adding OF 1934, INVESTMENT COMPANY ACT Act, as amended [(7 U.S.C. 1–1a(10)], a ‘‘known through reasonable inquiry’’ OF 1940, INVESTMENT ADVISERS ACT that is not an investment company or an standard are more akin to performance OF 1940, AND ENERGY POLICY AND entity that would be an investment standards. Rather than prescribe the CONSERVATION ACT OF 1975 company but for the exclusions specific steps necessary to apply such provided by Section 3(c) of the standards, the amendments recognize ■ 1. The authority citation for part 210 Investment Company Act of 1940 (15 that ‘‘significant influence’’ and ‘‘known continues to read as follows: U.S.C. 80a–3(c)). through reasonable inquiry’’ can be Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, * * * * * implemented in a variety of ways. We 77z–2, 77z–3, 77aa(25), 77aa(26), 77nn(25), By the Commission. believe that the use of these standards 77nn(26), 78c, 78j–1, 78l, 78m, 78n, 78o(d), will accommodate entities of various 78q, 78u–5, 78w, 78ll, 78mm, 80a–8, 80a–20, Dated: June 18, 2019. sizes while potentially avoiding overly 80a–29, 80a–30, 80a–31, 80a–37(a), 80b–3, Vanessa Countryman, 80b–11, 7202 and 7262, and sec. 102(c), Pub. burdensome methods that may be ill- Acting Secretary. suited or unnecessary given the entity’s L. 112–106, 126 Stat. 310 (2012), unless otherwise noted. [FR Doc. 2019–13429 Filed 7–3–19; 8:45 am] particular facts and circumstances. ■ 2. Amend § 210.2–01 by revising BILLING CODE 8011–01–P The amendments are intended to paragraph (c)(1)(ii)(A) to read as follows: address significant compliance challenges for audit firms and their § 210.2–01 Qualifications of accountants. clients, including those that are small * * * * * entities. In this respect, exempting small (c) * * * entities from the amendments would (1) * * * increase, rather than decrease, their (ii) * * * regulatory burden relative to larger entities. 182 47 FR 21028 (May 17, 1982).

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DEPARTMENT OF HOMELAND SUMMARY: The Coast Guard will enforce the dates and times indicated in SECURITY two special local regulations for marine SUPPLEMENTARY INFORMATION. events in the Sector Long Island Sound FOR FURTHER INFORMATION CONTACT: If Coast Guard area of responsibility on the dates and times listed in the table below. This you have questions on this notice, call 33 CFR Part 100 action is necessary to provide for the or email Petty Officer Melanie Hughes, Waterways Management Division, U.S. [Docket No. USCG–2012–1036] safety of life on navigable waterways during the events. During the Coast Guard Sector Long Island Sound; Special Local Regulations: Recurring enforcement periods, no person or telephone 203–468–4583, email Marine Events in Captain of the Port vessel may enter the safety zones [email protected]. Long Island Sound Zone without permission of the Captain of the SUPPLEMENTARY INFORMATION: The Coast Port (COTP) Sector Long Island Sound AGENCY: Coast Guard, DHS. Guard will enforce the special local or designated representative. regulations listed in 33 CFR 100.100 ACTION: Notice of enforcement of DATES: The regulation in 33 CFR Table 1 on the specified dates and times regulation. 100.100 Table 1 will be enforced during as indicated in the following table:

6.1 Swim Across America Greenwich ...... • Date: June 22, 2019. • Time: 5:30 a.m. to 12:30 p.m. • Location: All navigable waters of Stamford Harbor within an area starting at a point in position 41°01′32.03″ N, 073°33′8.93″ W, then southeast to a point in position 41°01′15.01″ N, 073°32′55.58″ W; then southwest to a point in position 41°0′49.25″ N, 073°33′20.36″ W; then northwest to a point in position 41°0′58″ N, 073°33′27″ W; then northeast to a point in position 41°1′15.8″ N, 073°33′9.5″ W then heading north and ending at a point of origin (NAD 83). All posi- tions are approximate. 8.6 Smith Point Triathlon ...... • Date: August 04, 2019. • Time: 6:15 a.m. to 8:15 a.m. • Location: All waters of Narrow Bay near Smith Point Park in Mystic Beach, NY within the area bounded by land along its southern edge and points in position at 40°44′14.28″ N, 072°51′40.68″ W, then north to a point at position 40°44′20.83″ N, 072°51′40.68″ W; then east to a point at position 40°44′20.83″ N, 072°51′19.73″ W; then south to a point at position 40°44′14.85″ N, 072°51′19.73″ W; and then southwest along the shoreline back to the point of origin (NAD 83). All positions are approximate.

Under the provisions of 33 CFR DEPARTMENT OF HOMELAND DATES: This final rule is effective 100.100, the events listed above are SECURITY without actual notice on July 5, 2019. established as special local regulations. For the purposes of enforcement, actual During the enforcement period, persons Coast Guard notice will be used from July 1, 2019 and vessels are prohibited from entering through July 5, 2019. 33 CFR Part 100 into, transiting through, mooring, or ADDRESSES: To view documents anchoring within these regulated areas mentioned in this preamble as being unless they receive permission from the [Docket Number USCG–2019–0223] available in this docket, go to https:// COTP or designated representative. www.regulations.gov, type USCG–2019– This notice is issued under authority RIN 1625–AA08 0223 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket of 33 CFR 100 and 5 U.S.C. 552(a). In Special Local Regulation; Zimovia Folder on the line associated with this addition to this notice in the Federal Strait, Wrangell, AK Register, the Coast Guard will provide rule. the maritime community with advance AGENCY: Coast Guard, DHS. FOR FURTHER INFORMATION CONTACT: If notification of this enforcement period ACTION: Final rule. you have questions on this rule, call or via the Local Notice to Mariners or email LT Jesse Collins, Sector Juneau, SUMMARY: marine information broadcasts. If the The Coast Guard is Waterways Management Division, Coast COTP determines that these special establishing a permanent special local Guard: telephone 907–463–2846, email local regulations need not be enforced regulation to enable vessel movement D17-SMB-Sector-Juneau-WWM@ for the full duration stated in this restrictions for certain waters of the uscg.mil. Zimovia Strait. This action is necessary notice, a Broadcast Notice to Mariners to provide for the safety of life on these may be used to grant general permission SUPPLEMENTARY INFORMATION: navigable waters near Wrangell Harbor to enter the regulated area. during power boat races on July 4, 2019 I. Table of Abbreviations Dated: June 17, 2019. and every subsequent year on July 4. CFR Code of Federal Regulations K.B. Red, This rule prohibits persons and vessels COTP Captain of the Port Southeast Alaska Captain, U.S. Coast Guard, Captain of the from transiting through, mooring, or DHS Department of Homeland Security Port Long Island Sound. anchoring within the special local FR Federal Register [FR Doc. 2019–14393 Filed 7–3–19; 8:45 am] regulation race area unless authorized NPRM Notice of proposed rulemaking by the Captain of the Port Southeast § Section BILLING CODE 9110–04–P Alaska or a designated representative. U.S.C. United States Code

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II. Background Information and regulatory text for this rule appears at understanding this rule. If the rule Regulatory History the end of this document. affects your small business, organization, or governmental On January 16, 2019, the Wrangell V. Regulatory Analyses Chamber of Commerce notified the jurisdiction and you have questions We developed this rule after concerning its provisions or options for Coast Guard that it will be conducting considering numerous statutes and high speed boat races from 11 a.m. to 7 compliance, please contact the person Executive orders related to rulemaking. listed in the FOR FURTHER INFORMATION p.m. on July 4, 2019, as part of the Below we summarize our analyses Wrangell 4th of July Celebration. The CONTACT section. The Coast Guard will based on a number of these statutes and not retaliate against small entities that boat races will be taking place Executive orders. approximately 100 yards off of the city question or complain about this rule or dock in Wrangell, AK. The Captain of A. Regulatory Planning and Review any policy or action of the Coast Guard. the Port Southeast Alaska (COTP) has Executive Orders 12866 and 13563 C. Collection of Information determined that potential hazards direct agencies to assess the costs and This rule does not call for a new associated with the high speed races is benefits of available regulatory collection of information under the a safety concern for anyone within the alternatives and, if regulation is Paperwork Reduction Act of 1995 (44 zone. necessary, to select regulatory U.S.C. 3501–3520). In response, on May 28, 2019, the approaches that maximize net benefits. Coast Guard published a notice of Executive Order 13771 directs agencies D. Federalism and Indian Tribal proposed rulemaking (NPRM) titled to control regulatory costs through a Governments Special Local Regulation; Zimovia budgeting process. This NPRM has not A rule has implications for federalism Strait, Wrangell, AK (84 FR 24732). been designated a ‘‘significant under Executive Order 13132, There we stated why we issued the regulatory action,’’ under Executive Federalism, if it has a substantial direct NPRM, and invited comments on our Order 12866. Accordingly, the NPRM effect on the States, on the relationship proposed regulatory action related to has not been reviewed by the Office of between the national government and this annual boating event. During the Management and Budget (OMB), and the States, or on the distribution of comment period that ended June 28, pursuant to OMB guidance it is exempt power and responsibilities among the 2019, we received no comments. from the requirements of Executive various levels of government. We have Under 5 U.S.C. 553(d)(3), the Coast Order 13771. This regulatory action analyzed this rule under that Order and Guard finds that good cause exists for determination is based on the size, have determined that it is consistent making this rule effective less than 30 location, duration, and time-of-day of with the fundamental federalism days after publication in the Federal the special local regulation. Vessel principles and preemption requirements Register. Delaying the effective date of traffic will be able to safely transit described in Executive Order 13132. this rule would be impracticable around the race area, which will impact Also, this rule does not have tribal because it would inhibit the Coast a small designated area in Wrangell implications under Executive Order Guard’s ability to protect participants, Harbor for 8 hours. Moreover, the Coast 13175, Consultation and Coordination mariners and vessels from the hazards Guard will issue a Broadcast Notice to with Indian Tribal Governments, associated with this event. Mariners via VHF–FM marine channel because it does not have a substantial III. Purpose and Legal Authority 16 about the race area, and the rule will direct effect on one or more Indian allow vessels to seek permission to enter tribes, on the relationship between the The purpose of this rule is to ensure or transit through the race area. Federal Government and Indian tribes, the safety of vessels and the navigable or on the distribution of power and B. Impact on Small Entities waters within a race area before, during, responsibilities between the Federal and after the scheduled event. The Coast The Regulatory Flexibility Act of Government and Indian tribes. Guard is issuing this rule under the 1980, 5 U.S.C. 601–612, as amended, authority in 46 U.S.C. 70034. requires Federal agencies to consider E. Unfunded Mandates Reform Act IV. Discussion of Comments, Changes, the potential impact of regulations on The Unfunded Mandates Reform Act and the Final Rule small entities during rulemaking. The of 1995 (2 U.S.C. 1531–1538) requires term ‘‘small entities’’ comprises small Federal agencies to assess the effects of As stated above, we received no businesses, not-for-profit organizations their discretionary regulatory actions. In comments on our NPRM published on that are independently owned and particular, the Act addresses actions May 29, 2019 (84 FR 24732). There are operated and are not dominant in their that may result in the expenditure by a no changes in the regulatory text of this fields, and governmental jurisdictions State, local, or tribal government, in the rule from the proposed rule in the with populations of less than 50,000. aggregate, or by the private sector of NPRM. The Coast Guard certifies under 5 U.S.C. $100,000,000 (adjusted for inflation) or The COTP is establishing a special 605(b) that this rule will not have a more in any one year. Though this rule local regulation from 11 a.m. to 7 p.m. significant economic impact on a does not result in such an expenditure, on July 4, 2019, and every subsequent substantial number of small entities. we do discuss the effects of this rule year on July 4th. The special local While some owners or operators of elsewhere in this preamble. regulation will cover all navigable vessels intending to transit the special waters within the race area to include local regulation area may be small F. Environment Wrangell Harbor entrance and an area entities, for the reasons stated in section We have analyzed this rule under extending Northwest along the shoreline IV.A above, this rule will not have a Department of Homeland Security approximately 1,000 yards and significant economic impact on any Directive 023–01 and Environmental Southwest approximately 500 yards. No vessel owner or operator. Planning COMDTINST 5090.1 (series), vessel or person is permitted to enter Under section 213(a) of the Small which guide the Coast Guard in the special local regulation area without Business Regulatory Enforcement complying with the National obtaining permission from the COTP or Fairness Act of 1996 (Pub. L. 104–121), Environmental Policy Act of 1969 (42 a designated representative. The we want to assist small entities in U.S.C. 4321–4370f), and have made the

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determination that this action is one of Southwest of Wrangell Harbor entrance DEPARTMENT OF HOMELAND a category of actions that do not bounded by the following points: SECURITY individually or cumulatively have a 56°28.077 N, 132°23.074 W, 56°28.440 significant effect on the human N, 132°23.685 W, 56°28.277 N, Coast Guard environment. This rule involves a 132°24.020 W, and 56°27.910 N, special local regulation lasting eight (8) 132°23.400 W. 33 CFR Part 165 hours on one day a year that prohibits (b) Regulations. In accordance with entry or transit through the area without [Docket No. USCG–2012–1036] the general regulations in this part, the obtaining permission from the COTP or Safety Zones, Recurring Marine Events a designated representative. It is regulated area shall be closed immediately prior to, during and in Captain of the Port Long Island categorically excluded from further Sound Zone review under paragraph L61in Table 3– immediately after the event to all 1 of U.S. Coast Guard Environmental persons and vessels not participating in AGENCY: Coast Guard, DHS. the event and authorized by the event Planning Implementing Procedures ACTION: Notice of enforcement of 5090.1. A memorandum for the record sponsor. regulation. for categorically excluded actions (c) Authorization. All persons or supporting this determination is vessels who desire to enter the SUMMARY: The Coast Guard will enforce available in the docket where indicated designated area created in this section ten safety zones in the Sector Long under ADDRESSES. while it is enforced must obtain Island Sound area of responsibility on the date and time listed in the table List of Subjects in 33 CFR Part 100 permission from the on-scene patrol craft on VHF Ch 9. below. This action is necessary to Marine safety, Navigation (water), provide for the safety of life on Reporting and recordkeeping (d) Enforcement period. This section navigable waterways during the events. requirements, Waterways. will be enforced from 11 a.m. to 7 p.m. During the enforcement periods, no For the reasons discussed in the on July 4, each year unless otherwise person or vessel may enter the safety preamble, the Coast Guard amends 33 specified in the Seventeenth District zones without permission of the Captain CFR part 100 as follows: Local Notice to Mariners. of the Port (COTP) Sector Long Island Dated: July 1, 2019. Sound or designated representative. PART 100—SAFETY OF LIFE ON DATES: The regulation in 33 CFR NAVIGABLE WATERS Matthew T. Bell, Jr., Commander, RADM, Seventeenth Coast 165.151 Table 1 will be enforced during ■ 1. The authority citation for part 100 Guard District, U.S. Coast Guard. the dates and times listed in SUPPLEMENTARY INFORMATION. continues to read as follows: [FR Doc. 2019–14417 Filed 7–3–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: If Authority: 46 U.S.C. 70041; 33 CFR 1.05– BILLING CODE 9110–04–P 1. you have questions on this notice, call or email Petty Officer Melanie Hughes, ■ 2. Add § 100.1701 to read as follows: Waterways Management Division, U.S. § 100.1701 Special Local Regulation; Coast Guard Sector Long Island Sound; Wrangell 4th of July Celebration Boat telephone 203–468–4583, email Races, Wrangell, AK. [email protected]. (a) Regulated area. The following area SUPPLEMENTARY INFORMATION: The Coast is specified as a race area: All waters of Guard will enforce the safety zones Zimovia Straits, Wrangell, AK, listed in 33 CFR 165.151 Table 1 on the approximately 1,000 yards to the specified dates and times as indicated in Northwest and 500 yards to the the following table:

6.2 Town of Branford Fireworks ...... • Date: June 22–23, 2019. • Time: 10 p.m. to 11 p.m. • Location: Waters of Branford Harbor, Bridgeport, CT in approximate position, 41°9′04″ N, 073°12′49″ W (NAD 83). 6.3 Vietnam Veterans/Town of East Haven Fireworks ...... • Date: June 29, 2019. • Rain Date: July 1, 2019. • Time: 9 p.m. to 11 p.m. • Location: Waters off Cosey Beach, East Haven, CT in approximate position, 41°14′19″ N, 072°52′9.8″ W (NAD 83). 6.4 Salute to Veterans Fireworks ...... • Date: June 29, 2019. • Rain Date: June 30, 2019. • Time: 9 p.m. to 10:30 p.m. • Location: Waters off Reynolds Channel off Hempstead, NY in ap- proximate position, 40°35′36.62″ N, 073°35′20.72″ W (NAD 83). 6.5 Cherry Grove Arts Project Fireworks ...... • Date: June 22, 2019. • Rain Date: June 23, 2019. • Time: 9 p.m. to 11 p.m. • Location: Waters of the Great South Bay off Cherry Grove, NY in ap- proximate positions, 40°39′49.06″ N, 073°05′27.99″ W (NAD 83). 7.1 Point O’Woods Fire Company Summer Fireworks ...... • Date: July 4, 2019. • Rain Date: July 5, 2019. • Time: 9 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay, Point O’Woods, NY in ap- proximate position 40°39′18.57″ N, 073°08′5.73″ W (NAD 83). 7.4 Norwalk Fireworks ...... • Date: July 3, 2019.

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• 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). 7.6 Sag Harbor Fireworks ...... • Date: July 6, 2019. • Rain Date: July 7, 2019. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of Sag Harbor off Havens Beach, Sag Harbor, NY in approximate position 41°00′26″ N, 072°17′9″ W (NAD 83). 7.29 Mashantucket Pequot Fireworks ...... • Date: July 13, 2019. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Thames River, New London, CT in approxi- mate position Barge 1, 41°21′03.03″ N, 072°5′24.5″ W Barge 2, 41°20′51.75″ N, 072°5′18.90″ W (NAD 83). 7.42 Connetquot River Summer Fireworks ...... • Date: July 3, 2019. • Rain Date: July 9, 2019. • Time: 8:45 p.m. to 10:15 p.m. • Location: Waters of the Connetquot River off Snapper Inn Resturant, Oakdale, NY in approximate position 40°43′32.38″ N, 073°9′02.64″ W (NAD 83). 7.46 Irwin Family 4th of July ...... • Date: July 4, 2019. • Time: 8:30 p.m. to 10:30 p.m. • Location: Waters of the Great South Bay off The Helm Road, East Islip, NY in approximate position 40°42′12.28″ N, 073°12′00.08″ W (NAD 83).

Under the provisions of 33 CFR ACTION: Temporary final rule. U.S.C. United States Code 165.151, the events listed above are II. Background Information and established as safety zones. During the SUMMARY: The Coast Guard is Regulatory History enforcement period, persons and vessels establishing a temporary safety zone on the waters of the Delaware River near are prohibited from entering into, The Coast Guard is issuing this transiting through, mooring, or Talen Energy Stadium in Chester, PA, from 9:30 p.m. to 10:30 p.m. on July 6, temporary rule without prior notice and anchoring within these safety zones opportunity to comment pursuant to unless they receive permission from the 2019, during the Philadelphia Union Soccer Fireworks Display. The safety authority under section 4(a) of the COTP or designated representative. Administrative Procedure Act (APA) (5 This notice is issued under authority zone is necessary to ensure the safety of participant vessels, spectators, and the U.S.C. 553(b)). This provision of 33 CFR 165 and 5 U.S.C. 552 (a). In authorizes an agency to issue a rule addition to this notice in the Federal boating public during the event. This without prior notice and opportunity to Register, the Coast Guard will provide regulation prohibits persons and non- comment when the agency for good the maritime community with advance participant vessels from entering, cause finds that those procedures are notification of this enforcement period transiting through, anchoring in, or ‘‘impracticable, unnecessary, or contrary via the Local Notice to Mariners or remaining within the safety zone unless to the public interest.’’ Under 5 U.S.C. marine information broadcasts. If the authorized by the Captain of the Port COTP determines that these safety zones (COTP) Delaware Bay or a designated 553(b)(B), the Coast Guard finds that need not be enforced for the full representative. good cause exists for not publishing a duration stated in this notice, a DATES: This rule is effective from 9:30 notice of proposed rulemaking (NPRM) Broadcast Notice to Mariners may be p.m. through 10:30 p.m. on July 6, 2019. with respect to this rule because it is used to grant general permission to ADDRESSES: To view documents impracticable and contrary to the public enter the regulated area. mentioned in this preamble as being interest to do so. There is insufficient time to allow for a reasonable comment Dated: June 17, 2019. available in the docket, go to https:// www.regulations.gov, type USCG–2019– period prior to the date of the event. The K.B. Reed, 0403 in the ‘‘SEARCH’’ box and click rule must be in force by July 6, 2019. We Captain, U.S. Coast Guard, Captain of the ‘‘SEARCH.’’ Click on Open Docket are taking immediate action to ensure Port Long Island Sound. Folder on the line associated with this the safety of spectators and the general [FR Doc. 2019–14394 Filed 7–3–19; 8:45 am] rule. public from hazards associated with the BILLING CODE 9110–04–P FOR FURTHER INFORMATION CONTACT: If fireworks display. Hazards include you have questions on this rule, call or accidental discharge of fireworks, dangerous projectiles, and falling hot DEPARTMENT OF HOMELAND email Petty Officer Thomas Welker, embers or other debris. SECURITY Sector Delaware Bay, Waterways Management Division, U.S. Coast Under 5 U.S.C. 553(d)(3), the Coast Coast Guard Guard; telephone (215) 271–4814, email Guard finds that good cause exists for [email protected]. making this rule effective less than 30 33 CFR Part 165 SUPPLEMENTARY INFORMATION: days after publication in the Federal [Docket Number USCG–2019–0403] I. Table of Abbreviations Register. Delaying the effective date of this rule would be impracticable and RIN 1625–AA00 CFR Code of Federal Regulations contrary to the public interest because COTP Captain of the Port immediate action is needed to mitigate Safety Zone; Fireworks Display, DHS Department of Homeland Security the potential safety hazards associated Delaware River, Chester, PA FR Federal Register NPRM Notice of proposed rulemaking with a fireworks displays in this AGENCY: Coast Guard, DHS. § Section location.

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III. Legal Authority and Need for Rule has not been reviewed by the Office of the Small Business and Agriculture The Coast Guard is issuing this rule Management and Budget (OMB), and Regulatory Enforcement Ombudsman under authority in 46 U.S.C. 70034 pursuant to OMB guidance it is exempt and the Regional Small Business (previously 33 U.S.C. 1231). The from the requirements of Executive Regulatory Fairness Boards. The Captain of the Port Delaware Bay Order 13771. Ombudsman evaluates these actions (COTP) has determined that potential The impact of this rule is not annually and rates each agency’s hazards associated with the fireworks to significant for the following reasons: (1) responsiveness to small business. If you be used in this July 6, 2019 display will The enforcement period will last one wish to comment on actions by be a safety concern for anyone within an hour when vessel traffic is usually low; employees of the Coast Guard, call 1– 800-foot radius of the barge. The (2) although persons and vessels may 888–REG–FAIR (1–888–734–3247). The purpose of this rule is to ensure safety not enter, transit through, anchor in, or Coast Guard will not retaliate against of vessels and the navigable waters in remain within the safety zone without small entities that question or complain the safety zone before, during, and after authorization from the COTP Delaware about this rule or any policy or action Bay or a designated representative, a the scheduled event. of the Coast Guard. portion of the channel will remain open. IV. Discussion of the Rule Persons and vessels will be able to C. Collection of Information This rule establishes a temporary operate in the surrounding area during safety zone on the waters of the the enforcement period; (3) persons and This rule will not call for a new Delaware River near Talen Energy vessels will still be able to enter, transit collection of information under the Stadium in Chester, PA, during a through, anchor in, or remain within the Paperwork Reduction Act of 1995 (44 fireworks display scheduled to take regulated area if authorized by the U.S.C. 3501–3520). COTP Delaware Bay or a designated place between 9:30 p.m. and 10:30 p.m. D. Federalism and Indian Tribal representative; and (4) the Coast Guard on July 6, 2019. The fireworks will be Governments set off from a barge in the river, which will provide advance notification of the will be anchored at approximate safety zone to the local maritime A rule has implications for federalism position latitude 39°49′43.4″ N, community by Local Notice to Mariners, under Executive Order 13132, longitude 075°22′38.0″ W. The safety Broadcast Notice to Mariners, and on- Federalism, if it has a substantial direct zone includes all navigable waters scene actual notice from designated effect on the States, on the relationship within 800 feet of the fireworks barge. representatives. between the national government and No person or vessel will be permitted to B. Impact on Small Entities the States, or on the distribution of enter, transit through, anchor in, or power and responsibilities among the remain within the safety zone without The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, various levels of government. We have obtaining permission from the COTP analyzed this rule under that Order and Delaware Bay or a designated requires Federal agencies to consider the potential impact of regulations on have determined that it is consistent representative. If the COTP Delaware with the fundamental federalism Bay or a designated representative small entities during rulemaking. The term ‘‘small entities’’ comprises small principles and preemption requirements grants authorization to enter, transit described in Executive Order 13132. through, anchor in, or remain within the businesses, not-for-profit organizations safety zone, all persons and vessels that are independently owned and Also, this rule does not have tribal receiving such authorization must operated and are not dominant in their implications under Executive Order comply with the instructions of the fields, and governmental jurisdictions 13175, Consultation and Coordination COTP Delaware Bay or a designated with populations of less than 50,000. with Indian Tribal Governments, representative. The Coast Guard will The Coast Guard certifies under 5 U.S.C. because it would not have a substantial provide public notice of the safety zone 605(b) that this rule will not have a direct effect on one or more Indian by Local Notice to Mariners and significant economic impact on a tribes, on the relationship between the Broadcast Notice to Mariners. substantial number of small entities. Federal Government and Indian tribes, While some owners or operators of or on the distribution of power and V. Regulatory Analyses vessels intending to transit the safety responsibilities between the Federal We developed this rule after zone may be small entities, for the Government and Indian tribes. If you considering numerous statutes and reasons stated in section IV.A above, believe this rule has implications for Executive orders related to rulemaking. this rule will not have a significant federalism or Indian tribes, please Below we summarize our analyses economic impact on any vessel owner contact the person listed in the FOR or operator. based on a number of these statutes and FURTHER INFORMATION CONTACT section. Executive orders and we discuss First Under section 213(a) of the Small Amendment rights of protestors. Business Regulatory Enforcement E. Unfunded Mandates Reform Act Fairness Act of 1996 (Pub. L. 104–121), A. Regulatory Planning and Review we want to assist small entities in The Unfunded Mandates Reform Act Executive Orders 12866 and 13563 understanding this rule. If the rule of 1995 (2 U.S.C. 1531–1538) requires direct agencies to assess the costs and would affect your small business, Federal agencies to assess the effects of benefits of available regulatory organization, or governmental their discretionary regulatory actions. In alternatives and, if regulation is jurisdiction and you have questions particular, the Act addresses actions necessary, to select regulatory concerning its provisions or options for that may result in the expenditure by a approaches that maximize net benefits. compliance, please contact the person State, local, or tribal government, in the Executive Order 13771 directs agencies listed in the FOR FURTHER INFORMATION aggregate, or by the private sector of to control regulatory costs through a CONTACT section. $100,000,000 (adjusted for inflation) or budgeting process. This rule has not Small businesses may send comments more in any one year. Though this rule been designated a ‘‘significant on the actions of Federal employees will not result in such an expenditure, regulatory action,’’ under Executive who enforce, or otherwise determine we do discuss the effects of this rule Order 12866. Accordingly, the NPRM compliance with, Federal regulations to elsewhere in this preamble.

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F. Environment position latitude 39°49′43.4″ N, approve a revision to the Missouri State ° ′ ″ We have analyzed this rule under longitude 075 22 38.0 W. Implementation Plan (SIP) received by Department of Homeland Security (b) Definitions. As used in this EPA on December 11, 2018. The Directive 023–01 and Environmental section, designated representative submission revises Missouri’s regulation Planning COMDTINST 5090.1 (series), means a Coast Guard Patrol relating to measurement of emissions of which guide the Coast Guard in Commander, including a Coast Guard air contaminants which allows the complying with the National petty officer, warrant or commissioned director to obtain air contaminant Environmental Policy Act of 1969 (42 officer on board a Coast Guard vessel or emission data upon request. This final U.S.C. 4321–4370f), and have on board a federal, state, or local law action will amend the SIP to include determined that this action is one of a enforcement vessel assisting the Captain revisions which are administrative in category of actions that do not of the Port (COTP), Delaware Bay in the nature and do not impact the stringency individually or cumulatively have a enforcement of the safety zone. of the SIP. Specifically, these revisions significant effect on the human (c) Regulations. (1) Under the general reformat the regulations and add environment. This rule involves a safety safety zone regulations in subpart C of definitions. Approval of these revisions zone that will prohibit persons and this part, you may not enter the safety will not impact air quality, ensures vessels from entering, transiting zone described in paragraph (a) of this consistency between the State and through, anchoring in, or remaining section unless authorized by the COTP Federally-approved rules, and ensures within a limited area on the navigable or the COTP’s designated representative. Federal enforceability of the State’s water in the Delaware River, during a (2) To seek permission to enter or rules. remain in the zone, contact the COTP or fireworks display lasting approximately DATES: This final rule is effective on one hour. It is categorically excluded the COTP’s representative via VHF–FM August 5, 2019. from further review under paragraph channel 16 or 215–271–4807. Those in the safety zone must comply with all ADDRESSES: The EPA has established a L60(a) in Table 3–1 of U.S. Coast Guard docket for this action under Docket ID Environmental Planning Implementing lawful orders or directions given to them by the COTP or the COTP’s No. EPA–R07–OAR–2019–0102. All Procedures 5090.1. A Record of documents in the docket are listed on Environmental Consideration (REC) designated representative. (3) No vessel may take on bunkers or the https://www.regulations.gov supporting this determination is website. Although listed in the index, available in the docket where indicated conduct lightering operations within the safety zone during its enforcement some information is not publicly under ADDRESSES. period. available, i.e., CBI or other information G. Protest Activities (4) This section applies to all vessels whose disclosure is restricted by statute. Certain other material, such as The Coast Guard respects the First except those engaged in law enforcement, aids to navigation copyrighted material, is not placed on Amendment rights of protesters. the internet and will be publicly Protesters are asked to contact the servicing, and emergency response operations. available only in hard copy form. person listed in the FOR FURTHER Publicly available docket materials are INFORMATION CONTACT section to (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and available through https:// coordinate protest activities so that your www.regulations.gov or please contact message can be received without enforcement of the safety zone by Federal, State, and local agencies. the person identified in the FOR FURTHER jeopardizing the safety or security of INFORMATION CONTACT section for people, places, or vessels. (e) Enforcement period. This zone will be enforced from on or after 9:30 additional information. List of Subjects in 33 CFR Part 165 p.m. to no later than 10:30 p.m. on July FOR FURTHER INFORMATION CONTACT: Deborah Bredehoft, Environmental Harbors, Marine safety, Navigation 6, 2019. Protection Agency, Region 7 Office, Air (water), Reporting and recordkeeping Dated: June 28, 2019. Quality Planning Branch, 11201 Renner requirements, Security measures, Scott E. Anderson, Boulevard, Lenexa, Kansas 66219 at Waterways. Captain, U.S. Coast Guard, Captain of the (913) 551–7164, or by email at For the reasons discussed in the Port Delaware Bay. [email protected]. preamble, the Coast Guard amends 33 [FR Doc. 2019–14419 Filed 7–3–19; 8:45 am] SUPPLEMENTARY INFORMATION: CFR part 165 as follows: BILLING CODE 9110–04–P Throughout this document ‘‘we,’’ ‘‘us,’’ PART 165—REGULATED NAVIGATION and ‘‘our’’ refer to the EPA. AREAS AND LIMITED ACCESS AREAS ENVIRONMENTAL PROTECTION Table of Contents ■ 1. The authority citation for part 165 AGENCY I. What is being addressed in this document? continues to read as follows: II. Have the requirements for approval of a 40 CFR Part 52 SIP revision been met? Authority: 46 U.S.C. 70034, 70051; 50 III. The EPA’s Response to Comments U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, [EPA–R07–OAR–2019–0102; FRL–9995–61– Region 7] IV. What action is the EPA taking? and 160.5; Department of Homeland Security V. Incorporation by Reference Delegation No. 0170.1. Air Plan Approval; Missouri; VI. Statutory and Executive Order Reviews ■ 2. Add § 165.T05–0403 to read as Measurement of Emissions of Air I. What is being addressed in this follows: Contaminants document? § 165.T05–0403 Safety Zone; Fireworks AGENCY: Environmental Protection The EPA is approving revisions to the Display, Delaware River, Chester, PA. Agency (EPA). Missouri SIP that were received by EPA (a) Location. The following area is a ACTION: Final rule. on December 11, 2018. On April 12, safety zone: All waters of Delaware 2019, the EPA proposed in the Federal River off Chester, PA, within 800 feet of SUMMARY: The Environmental Protection Register approval of the SIP submission. the barge anchored in approximate Agency (EPA) is taking final action to See 84 FR 14906. The SIP revision

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revises Missouri’s regulation, Title 10 pollutants are carbon monoxide, incorporated by reference in the next Code of State Regulations (10 CSR) 10– nitrogen dioxide, ozone, lead, update to the SIP compilation.1 6.180, ‘‘Measurement of Emissions of particulate matter, and sulfur dioxide. VI. Statutory and Executive Order Air Contaminates’’, which allows the Each state must submit these regulations Reviews director to obtain air contaminant and control strategies to the EPA for emission data from any source approval and incorporation into the Under the CAA, the Administrator is responsible for the emissions of air federally enforceable SIP, and under required to approve a SIP submission contaminants. The revisions are CAA section 110, the EPA must approve that complies with the provisions of the administrative in nature. They state SIP submissions that meet the Act and applicable Federal regulations. restructure the rule to meet Missouri’s requirements of the CAA. The CAA 42 U.S.C. 7410(k); 40 CFR 52.02(a). updated standard rule organizational requires each state to have a Federally Thus, in reviewing SIP submissions, format and add definitions specific to approved SIP which protects air quality EPA’s role is to approve state choices, the regulatory text of 10 CSR 10–6.180 primarily by addressing air pollution at provided that they meet the criteria of including air contaminant, director, its point of origin. the CAA. Accordingly, this action facility, qualified personnel and source. merely approves state law as meeting The EPA does not believe this Federal Federal requirements and does not II. Have the requirements for approval enforceability of the state’s rules is an of a SIP revision been met? impose additional requirements beyond overreach, because enforcement of the those imposed by state law. For that The state submission has met the state regulation before and after it is reason, this action: public notice requirements for SIP incorporated into the federally approved • Is not a significant regulatory action submissions in accordance with 40 CFR SIP is primarily a state responsibility. In subject to review by the Office of 51.102. The submission also satisfied addition, Congress specifically provided Management and Budget under the completeness criteria of 40 CFR part that after a state regulation is part of the Executive Orders 12866 (58 FR 51735, 51, appendix V. The State provided federally approved SIP, the EPA is October 4, 1993) and 13563 (76 FR 3821, public notice on this SIP revision from authorized to take enforcement action January 21, 2011); May 1, 2018, to June 7, 2018, and against violators under CAA section 113 • Is not an Executive Order 13771 (82 received no comment. In addition, as (and public citizens may enforce some FR 9339, February 2, 2017) regulatory explained above and in more detail in approved SIP provisions under CAA action because SIP approvals are the technical support document which section 113). exempted under Executive Order 12866. is part of this docket, the revision meets • IV. What action is the EPA taking? Does not impose an information the substantive SIP requirements of the collection burden under the provisions Clean Air Act (CAA), including section The EPA is taking final action to of the Paperwork Reduction Act (44 110 and implementing regulations. amend the Missouri SIP by approving U.S.C. 3501 et seq.); III. The EPA’s Response to Comments the State’s request to amend 10 CSR 10– • Is certified as not having a The public comment period on the 6.180, ‘‘Measurement of Emissions of significant economic impact on a EPA’s proposed rule opened April 12, Air Contaminants.’’ Approval of these substantial number of small entities 2019, the date of its publication in the revisions will ensure consistency under the Regulatory Flexibility Act (5 between state and Federally-approved U.S.C. 601 et seq.); Federal Register and closed on May 13, • 2019. During this period, the EPA rules. The EPA has determined that Does not contain any unfunded received three comments, one of which these changes will not adversely impact mandate or significantly or uniquely was adverse. The EPA will address the air quality. affect small governments, as described in the Unfunded Mandates Reform Act adverse comment. No changes were V. Incorporation by Reference made to the proposals in this final of 1995 (Pub. L. 104–4); • action after consideration of the adverse In this document, EPA is finalizing Does not have Federalism comments received. regulatory text that includes implications as specified in Executive Comment 1: A commenter expressed incorporation by reference. In Order 13132 (64 FR 43255, August 10, concern regarding what specifically 1999); accordance with requirements of 1 CFR • ensures Federal enforceability of the 51.5, the EPA is finalizing the Is not an economically significant state’s rules and if this is working incorporation by reference of the regulatory action based on health or safety risks subject to Executive Order towards an overreach of the EPA’s legal Missouri Regulations described in the 13045 (62 FR 19885, April 23, 1997); abilities. amendments to 40 CFR part 52 set forth • Is not a significant regulatory action Response 1: Federal enforceability below. The EPA has made, and will subject to Executive Order 13211 (66 FR occurs when a state regulation is continue to make, these materials 28355, May 22, 2001); submitted by the State and is then generally available through • Is not subject to requirements of the approved into the federally approved www.regulations.gov and at the EPA National Technology Transfer and SIP, and those approved regulations are Region 7 Office (please contact the Advancement Act (NTTA) because this promulgated as Federal law in the Code person identified in the FOR FURTHER rulemaking does not involve technical of Federal Regulations (see generally 40 INFORMATION CONTACT section of this standards; and CFR 52.1320 for the approved Missouri preamble for more information). regulations). Section 110 of the CAA • Does not provide EPA with the requires states to develop air pollution Therefore, these materials have been discretionary authority to address, as regulations and control strategies to approved by the EPA for inclusion in appropriate, disproportionate human ensure that state air quality meets the the SIP, have been incorporated by health or environmental effects, using national ambient air quality standards reference by the EPA into that plan, are practicable and legally permissible established by EPA. These ambient fully federally enforceable under methods, under Executive Order 12898 standards are established under section sections 110 and 113 of the CAA as of (59 FR 7629, February 16, 1994). 109 of the CAA, and they currently the effective date of the final rulemaking address six criteria pollutants. These of EPA’s approval, and will be 1 62 FR 27968 (May 22, 1997).

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In addition, the SIP is not approved cannot take effect until 60 days after it matter, Reporting and recordkeeping to apply on any Indian reservation land is published in the Federal Register. requirements, Sulfur oxides, Volatile or in any other area where EPA or an This action is not a ‘‘major rule’’ as organic compounds. Indian tribe has demonstrated that a defined by 5 U.S.C. 804(2). Dated: June 28, 2019. tribe has jurisdiction. In those areas of Under section 307(b)(1) of the CAA, James Gulliford, Indian country, the rule does not have petitions for judicial review of this Regional Administrator, Region 7. tribal implications and will not impose action must be filed in the United States substantial direct costs on tribal Court of Appeals for the appropriate For the reasons stated in the governments or preempt tribal law as circuit by September 3, 2019. Filing a preamble, the EPA amends 40 CFR part specified by Executive Order 13175 (65 petition for reconsideration by the 52 as set forth below: FR 67249, November 9, 2000). Administrator of this final rule does not PART 52—APPROVAL AND The Congressional Review Act, 5 affect the finality of this action for the PROMULGATION OF U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it IMPLEMENTATION PLANS Business Regulatory Enforcement extend the time within which a petition Fairness Act of 1996, generally provides for judicial review may be filed, and ■ 1. The authority citation for part 52 that before a rule may take effect, the shall not postpone the effectiveness of continues to read as follows: agency promulgating the rule must such rule or action. This action may not submit a rule report, which includes a be challenged later in proceedings to Authority: 42 U.S.C. 7401 et seq. copy of the rule, to each House of the enforce its requirements. (See section Subpart AA—Missouri Congress and to the Comptroller General 307(b)(2)). of the United States. EPA will submit a List of Subjects in 40 CFR Part 52 ■ 2. In § 52.1320, the table in paragraph report containing this action and other (c) amended by revising the entry ‘‘10– required information to the U.S. Senate, Environmental protection, Air 6.180’’ to read as follows: the U.S. House of Representatives, and pollution control, Carbon monoxide, the Comptroller General of the United Incorporation by reference, § 52.1320 Identification of plan. States prior to publication of the rule in Intergovernmental relations, Lead, * * * * * the Federal Register. A major rule Nitrogen dioxide, Ozone, Particulate (c) * * *

EPA-APPROVED MISSOURI REGULATIONS

State Missouri citation Title effective EPA approval date Explanation date

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

******* 10–6.180 ...... Measurement of Emissions of Air Contaminants 11/30/2018 7/5/2019, [insert Federal Register citation].

*******

* * * * * ACTION: Final rule. certification for the 2008 ozone NAAQS [FR Doc. 2019–14327 Filed 7–3–19; 8:45 am] as a SIP revision in accordance with the BILLING CODE 6560–50–P SUMMARY: The Environmental Protection requirements of the CAA. Agency (EPA) is approving a state DATES: This final rule is effective on implementation plan (SIP) revision August 5, 2019. ENVIRONMENTAL PROTECTION formally submitted by the State of ADDRESSES: EPA has established a AGENCY Delaware. Under section 182 of the docket for this action under Docket ID Clean Air Act (CAA), states’ SIPs must 40 CFR Part 52 Number EPA–R03–OAR–2018–0825. All require stationary sources in ozone documents in the docket are listed on nonattainment areas to report annual the https://www.regulations.gov [EPA–R03–OAR–2018–0825; FRL–9996–07– emissions of nitrogen oxides (NOX) and website. Although listed in the index, Region 3] volatile organic compounds (VOC). This some information is not publicly Approval and Promulgation of Air SIP revision provides Delaware’s available, e.g., confidential business Quality Implementation Plans; certification that its existing emissions information (CBI) or other information Delaware; Emissions Statements Rule statements program satisfies the whose disclosure is restricted by statute. Certification for the 2008 Ozone emissions statements requirements of Certain other material, such as National Ambient Air Quality Standard the CAA for the 2008 ozone National copyrighted material, is not placed on Ambient Air Quality Standards the internet and will be publicly AGENCY: Environmental Protection (NAAQS). EPA is approving Delaware’s available only in hard copy form. Agency (EPA). emissions statements program Publicly available docket materials are

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available through https:// which includes only Sussex County. 40 section 182(a)(3)(B) and covers www.regulations.gov, or please contact CFR 81.308. Delaware’s portions of the Philadelphia- the person identified in the FOR FURTHER Section 182 of the CAA identifies Wilmington-Atlantic City, PA-NJ-MD- INFORMATION CONTACT section for plan submission requirements for ozone DE 2008 ozone NAAQS nonattainment additional availability information. nonattainment areas. Specifically, area (i.e. New Castle County) and the FOR FURTHER INFORMATION CONTACT: Sara section 182(a)(3)(B) requires that states Seaford 2008 ozone NAAQS Calcinore, Planning & Implementation develop and submit, as a revision to nonattainment area (i.e. Sussex County). Branch (3AD30), Air & Radiation their SIP, rules which establish annual reporting requirements for certain II. Summary of SIP Revision and EPA Division, U.S. Environmental Protection Analysis Agency, Region III, 1650 Arch Street, stationary sources. Sources that are Philadelphia, Pennsylvania 19103. The within ozone nonattainment areas must On June 29, 2018, the State of telephone number is (215) 814–2043. annually report the actual emissions of Delaware, through the Delaware Ms. Calcinore can also be reached via NOX and VOC to the state. However, Department of Natural Resources and electronic mail at calcinore.sara@ states may waive this reporting Environmental Control (DNREC), epa.gov. requirement for classes or categories of submitted, as a formal revision to its stationary sources that emit under 25 SIP, a statement certifying that SUPPLEMENTARY INFORMATION: tons per year (tpy) of NOX or VOC if the Delaware’s existing SIP-approved I. Background state provides an inventory of emissions emissions statements program under 7 from these classes or categories of DE Administrative Code 1117 Section Under the CAA, EPA establishes sources as required by CAA sections 172 7.0 satisfies the emissions statements NAAQS for criteria pollutants in order and 182. See CAA section requirement for the 2008 ozone NAAQS. to protect human health and the 182(a)(3)(B)(ii). On April 9, 2019 (84 FR 14075), EPA environment. In response to scientific On March 6, 2015, EPA issued a final published a notice of proposed evidence linking ozone exposure to rule addressing a range of rulemaking (NPRM) for the State of adverse health effects, EPA promulgated nonattainment area SIP requirements for Delaware. In the NPRM, EPA proposed the first ozone NAAQS, the 0.12 part per the 2008 ozone NAAQS, including the to approve, as a SIP revision, Delaware’s million (ppm) 1-hour ozone NAAQS, in emissions statements requirement of June 29, 2018 emissions statements 1979. See 44 FR 8202 (February 8, CAA section 182(a)(3)(B) (2015 final certification as satisfying the 1979). The CAA requires EPA to review rule). 80 FR 12264. Per the preamble to requirements of CAA section and reevaluate the NAAQS every five EPA’s 2015 final rule, the source 182(a)(3)(B) for the 2008 ozone NAAQS. years in order to consider updated emissions statements requirement The rationale for EPA’s proposed action information regarding the effects of the applies to all areas designated can be found in the April 9, 2019 NPRM criteria pollutants on human health and nonattainment for the 2008 ozone and will not be restated here. the environment. On July 18, 1997, EPA NAAQS. See 80 FR 12264, 12291. The promulgated a revised ozone NAAQS, III. Public Comments and EPA preamble to EPA’s 2015 final rule also Response referred to as the 1997 ozone NAAQS, states that most areas that are required of 0.08 ppm averaged over eight hours. to have an emissions statements EPA received comments on the April See 62 FR 38855. This 8-hour ozone program for the 2008 ozone NAAQS 9, 2019 NPRM from three anonymous NAAQS was determined to be more already have a program in place due to commenters. EPA received a comment protective of public health than the a nonattainment designation for an on April 11, 2019 that was supportive previous 1979 1-hour ozone NAAQS. In earlier ozone NAAQS. Id. The preamble of EPA’s proposed action; EPA is not 2008, EPA strengthened the 8-hour to EPA’s 2015 final rule states that, ‘‘If responding to that comment. The other ozone NAAQS from 0.08 to 0.075 ppm. an area has a previously approved two comments and EPA’s responses are The 0.075 ppm standard is referred to as emissions statement rule in force for the discussed below. The comments EPA the 2008 ozone NAAQS. See 73 FR 1997 ozone NAAQS or the 1-hour ozone received are included in the docket for 16436 (March 27, 2008). NAAQS that covers all portions of the this action, available online at On May 21, 2012 and June 11, 2012, nonattainment area for the 2008 ozone www.regulations.gov, Docket ID: EPA– EPA designated nonattainment areas for NAAQS, such rule should be sufficient R03–OAR–2018–0825. the 2008 ozone NAAQS. 77 FR 30088 for purposes of the emissions statement Commenter 1: On April 9, 2019, EPA and 77 FR 34221. Effective July 20, requirement for the 2008 ozone received an anonymous comment on the 2012, New Castle County and Sussex NAAQS.’’ Id. In cases where an existing NPRM. The commenter emphasizes the County in Delaware were designated as emissions statements rule is still importance of emissions reporting of marginal nonattainment for the 2008 adequate to meet the emissions NOX and VOC in ozone nonattainment ozone NAAQS. New Castle County was statements requirement under the 2008 areas. The commenter expresses designated as part of the Philadelphia- ozone NAAQS, states may provide the concern regarding states’ ability to Wilmington-Atlantic City, PA-NJ-MD- rationale for that determination to EPA waive the emissions reporting DE 2008 ozone NAAQS nonattainment in a written statement for approval in requirement ‘‘if they emit under 25 tons area, which includes the following the SIP to meet the requirements of CAA per year of NOX and/or VOC.’’ The counties: New Castle in Delaware; Cecil section 182(a)(3)(B). Id. In this commenter states that the purpose of in Maryland; Atlantic, Burlington, statement, states should identify how emissions reporting is to understand the Camden, Cape May, Cumberland, the emissions statements requirement of total amount of emissions in a state ‘‘no Gloucester, Mercer, Ocean, and Salem CAA section 182(a)(3)(B) are met by matter how little they emit’’ and in New Jersey; and Bucks, Chester, their existing emissions statement rule. suggests that this would assist with the Delaware, Montgomery, and Id. identification and resolution of air Philadelphia in Pennsylvania. 40 CFR In summary, Delaware is required to quality problems. The commenter also 81.308, 81.321, 81.331, and 81.339. submit, as a formal revision to its SIP, expresses concern that if a state has Sussex County was designated marginal a statement certifying that Delaware’s waived the emissions statements nonattainment as the Seaford 2008 existing emissions statements program requirements and emissions in a state ozone NAAQS nonattainment area, satisfies the requirements of CAA are low at the beginning of the year and

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then increase, it would take a year to to EPA complete and comprehensive emissions statements requirement for a identify the increase in emissions which data on emissions from certain point, class or category of sources that emit may delay potential actions by EPA. nonpoint, onroad, and nonroad sources less than 25 tpy of NOX or VOC does not EPA Response: Section 182(a)(3)(B)(ii) triennially. In addition, the AERR waive the requirement for the sources to of the CAA permits states to waive the requires annual reporting for larger, be captured in the state’s emissions emissions statements requirement of Type A, point sources.2 Pursuant to 40 inventory. Sources will be captured as CAA section 183(a)(3)(B)(i) for any class CFR 51.20, all anthropogenic stationary either point or nonpoint sources in the or category of stationary sources which sources must be included in the emission inventories regardless of emit less than 25 tpy of NOX or VOC if emission inventory as either point or whether a state has waived them from the state provides an inventory of nonpoint sources; if a facility’s their emissions statements program. emissions from these classes or emissions are too low to be considered Therefore, EPA will still have categories of sources as required by a ‘‘point source’’, the emissions must be comprehensive data on emissions in a CAA sections 172 and 182. As discussed reported as nonpoint sources.3 state that meets the emissions inventory in the NPRM, Section 7.1 of Delaware’s Therefore, the AERR provides for the requirements of the CAA. Regarding the emissions statements provisions under 7 reporting of complete and concern about data not being submitted DE Administrative Code 1117 Section comprehensive data on a state’s total regularly enough, CAA section 7.0 states that Delaware may, with EPA emissions of NOX and VOC by the state 182(a)(3)(B) only requires that approval, ‘‘waive the emissions to EPA. While states may use data ‘‘[s]ubsequent statements shall be statements requirements for classes or submitted by sources through their submitted at least every year thereafter.’’ categories of stationary sources with emissions statements program to satisfy Therefore, Delaware’s requirement for facility-wide actual emissions of less the AERR, the AERR is separate from sources to submit emissions statements than 25 tpy of NOX or VOCs if the class the emissions statements requirement of annually complies with the or category is included in the base year CAA section 182(a)(3)(B). Therefore, the requirements of the CAA. and periodic ozone SIP emission waiving of a class or category of source Commenter 2: EPA received an inventories, and the actual emissions from a state’s emissions statements anonymous comment on April 19, 2019 were calculated using EPA-approved program does not affect the state’s inquiring how EPA’s proposed action in emission factors or other methods obligation to report emissions from the April 9, 2019 NPRM will affect acceptable to the EPA.’’ This is these sources to EPA under the AERR. corporations incorporated in Delaware consistent with CAA section In addition, pursuant to CAA section and if these corporations will be 182(a)(3)(B)(ii) and is more stringent 182(a)(3)(B)(ii), states may only waive required to change their business than the requirements of the CAA as it the emissions statements requirement practices as a result of this rulemaking. requires EPA approval to waive the for any class or category of sources that EPA Response: EPA’s approval of emissions statements requirement. emit less than 25 tpy of NOX or VOC if Delaware’s emissions statements Therefore, EPA continues to find that the state includes that class or category certification for the 2008 ozone NAAQS Delaware’s emissions statements of sources in the base year and periodic will not change the existing emission provisions under 7 DE Administrative inventories required by CAA section statement requirements for corporations Code 1117 Section 7.0 meet the 172(c)(3), 182(a)(1), and 182(a)(3)(A) incorporated in Delaware. EPA’s April requirements of CAA section and emissions are calculated using 9, 2019 NPRM proposed to approve, as 182(a)(3)(B)(ii) for the 2008 ozone emission factors established by EPA or a SIP revision, Delaware’s certification NAAQS. other methods acceptable to EPA that the State’s existing, SIP-approved In addition, EPA disagrees with the (emphasis added).4 EPA uses the emissions statements provisions under 7 commenter that permitting states to emissions data submitted by the states DE Administrative Code 1117 Section waive the emissions statements under the AERR to build the National 7.0 continue to satisfy the emissions requirement for classes or categories of Emissions Inventory (NEI), which in statements requirements of CAA section sources that emit less than 25 tpy of turn may be used by the states for their 182(a)(3)(B) for the 2008 ozone NAAQS. NOX or VOC will prevent EPA from base year and periodic emission Delaware’s existing emissions obtaining data regarding a state’s total inventories.5 A state’s waiver of the statements provisions were first emissions of NOX and VOC or delay approved by EPA into the Delaware SIP EPA in identifying increases in of Ozone and Particulate Matter National Ambient on April 29, 1996 (61 FR 7415) for a emissions. As stated previously, states Air Quality Standards (NAAQS) and Regional Haze previous NAAQS and are therefore are required by CAA section 182(a)(3)(B) Regulations,’’ May 2017, included in the docket for already effective. EPA’s NPRM only this rulemaking available online at https:// proposed to find that these existing, to have an emissions reporting program www.regulations.gov, Docket ID: EPA–R03–OAR– (also referred to as an ‘‘emissions 2018–0825. unchanged provisions continue to statements’’ program) requiring sources 2 The emission thresholds by pollutant for satisfy the requirements of CAA section located in ozone nonattainment areas treatment of point sources can be found in Table 1 182(a)(3)(B) for the 2008 ozone NAAQS. of Appendix A of the AERR at 40 CFR, part 51, that emit 25 tpy or more of NOX or VOC Because Delaware’s emissions statement subpart A. requirements are unchanged, this SIP to annually report actual emissions to 3 Pursuant to 40 CFR 51.15(b), sources on tribal the State (emphasis added). The lands are excluded from the AERR. approval will not add any additional emissions statements requirement of 4 See ‘‘Draft Guidance on the Implementation of requirements for sources in Delaware. CAA section 182(a)(3)(B) is separate an Emission Statement Program’’, July 1992, Therefore, EPA’s approval of Delaware’s from the requirements for the state to included in the docket for this rulemaking available emissions statements certification for online at https://www.regulations.gov, Docket ID: the 2008 ozone NAAQS will not change submit emissions data to EPA. States are EPA–R03–OAR–2018–0825. required to submit emissions data to 5 The NEI is a comprehensive and detailed the previously applicable emissions EPA under the Air Emissions Reporting estimate of air emissions of criteria pollutants, statement requirements for emission Rule (AERR). 40 CFR, part 51, subpart criteria precursors, and hazardous air pollutants sources located in Delaware and 1 from air emissions sources. The NEI is released therefore will not likely cause sources in A. The AERR requires states to submit every three years based primarily upon data provided by State, Local, and Tribal air agencies for Delaware to change their business 1 For more information on the AERR, see sources in their jurisdictions and supplemented by practices. To the extent that the ‘‘Emissions Inventory Guidance for Implementation data developed by EPA. commenter is asking whether

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companies incorporated in Delaware but under the Regulatory Flexibility Act (5 cannot take effect until 60 days after it with facilities outside of Delaware that U.S.C. 601 et seq.); is published in the Federal Register. emit NOX or VOC will be affected by • Does not contain any unfunded This action is not a ‘‘major rule’’ as Delaware’s emission statement mandate or significantly or uniquely defined by 5 U.S.C. 804(2). regulation, the answer is no. Sources affect small governments, as described C. Petitions for Judicial Review outside of Delaware will be required to in the Unfunded Mandates Reform Act report their emissions of NOX and VOC of 1995 (Pub. L. 104–4); Under section 307(b)(1) of the CAA, • according to the regulations of the state Does not have Federalism petitions for judicial review of this in which that source is located. implications as specified in Executive action must be filed in the United States Order 13132 (64 FR 43255, August 10, IV. Final Action Court of Appeals for the appropriate 1999); circuit by September 3, 2019. Filing a • EPA is approving, as a SIP revision, Is not an economically significant petition for reconsideration by the the State of Delaware’s June 29, 2018 regulatory action based on health or Administrator of this final rule does not emissions statements certification for safety risks subject to Executive Order affect the finality of this action for the the 2008 ozone NAAQS as approvable 13045 (62 FR 19885, April 23, 1997); • purposes of judicial review nor does it under CAA section 182(a)(3)(B). Is not a significant regulatory action extend the time within which a petition Delaware’s emissions statements subject to Executive Order 13211 (66 FR for judicial review may be filed and certification certifies that Delaware’s 28355, May 22, 2001); shall not postpone the effectiveness of existing SIP-approved emissions • Is not subject to requirements of such rule or action. This action statements program under 7 DE Section 12(d) of the National approving Delaware’s emissions Administrative Code 1117 Section 7.0 Technology Transfer and Advancement statements certification for the 2008 satisfies the requirements of CAA Act of 1995 (15 U.S.C. 272 note) because ozone NAAQS may not be challenged section 182(a)(3)(B) for the 2008 ozone application of those requirements would later in proceedings to enforce its NAAQS. be inconsistent with the CAA; and • requirements. (See section 307(b)(2)). V. Statutory and Executive Order Does not provide EPA with the List of Subjects in 40 CFR Part 52 Reviews discretionary authority to address, as appropriate, disproportionate human A. General Requirements health or environmental effects, using Environmental protection, Air pollution control, Incorporation by Under the CAA, the Administrator is practicable and legally permissible methods, under Executive Order 12898 reference, Intergovernmental relations, required to approve a SIP submission Nitrogen dioxide, Ozone, Reporting and that complies with the provisions of the (59 FR 7629, February 16, 1994). In addition, this rule does not have recordkeeping requirements, Volatile CAA and applicable Federal regulations. organic compounds. 42 U.S.C. 7410(k); 40 CFR 52.02(a). tribal implications as specified by Thus, in reviewing SIP submissions, Executive Order 13175 (65 FR 67249, Dated: June 24, 2019. EPA’s role is to approve state choices, November 9, 2000), because the SIP is Diana Esher, provided that they meet the criteria of not approved to apply in Indian country Acting Regional Administrator, Region III. the CAA. Accordingly, this action located in the state, and EPA notes that merely approves state law as meeting it will not impose substantial direct 40 CFR part 52 is amended as follows: Federal requirements and does not costs on tribal governments or preempt PART 52—APPROVAL AND impose additional requirements beyond tribal law. PROMULGATION OF those imposed by state law. For that B. Submission to Congress and the IMPLEMENTATION PLANS reason, this action: Comptroller General • Is not a ‘‘significant regulatory ■ action’’ subject to review by the Office The Congressional Review Act, 5 1. The authority citation for part 52 of Management and Budget under U.S.C. 801 et seq., as added by the Small continues to read as follows: Executive Orders 12866 (58 FR 51735, Business Regulatory Enforcement Authority: 42 U.S.C. 7401 et seq. October 4, 1993) and 13563 (76 FR 3821, Fairness Act of 1996, generally provides January 21, 2011); that before a rule may take effect, the Subpart I— Delaware • Is not an Executive Order 13771 (82 agency promulgating the rule must FR 9339, February 2, 2017) regulatory submit a rule report, which includes a ■ 2. In § 52.420, the table in paragraph action because SIP approvals are copy of the rule, to each House of the (e) is amended by adding the entry exempted under Executive Order 12866. Congress and to the Comptroller General ‘‘Emissions Statements Rule • Does not impose an information of the United States. EPA will submit a Certification for the 2008 Ozone collection burden under the provisions report containing this action and other NAAQS’’ at the end of the table to read of the Paperwork Reduction Act (44 required information to the U.S. Senate, as follows: U.S.C. 3501 et seq.); the U.S. House of Representatives, and • Is certified as not having a the Comptroller General of the United § 52.420 Identification of plan. significant economic impact on a States prior to publication of the rule in * * * * * substantial number of small entities the Federal Register. A major rule (e) * * *

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

******* Emissions State- Delaware’s portions of the Philadelphia- 06/29/2018 07/05/2019, [Insert Certification that Delaware’s SIP-ap- ments Rule Cer- Wilmington-Atlantic City, PA–NJ–MD– Federal Register proved regulations under 7 DE Ad- tification for the DE 2008 ozone NAAQS nonattain- citation]. ministrative Code 1117 Section 7.0 2008 Ozone ment area (i.e. New Castle County) Emission Statement meet the emis- NAAQS. and the Seaford 2008 ozone NAAQS sions statements requirements of nonattainment area (i.e. Sussex CAA section 182(a)(3)(B) for the County). 2008 ozone NAAQS.

[FR Doc. 2019–14360 Filed 7–3–19; 8:45 am] INFORMATION CONTACT section for On March 12, 2008, EPA promulgated BILLING CODE 6560–50–P additional availability information. a revised 8-hour ozone NAAQS of 0.075 FOR FURTHER INFORMATION CONTACT: Ms. parts per million (ppm). See 73 FR Amy Johansen, Permits Branch (3AD10), 16436 (March 27, 2008). Under EPA’s ENVIRONMENTAL PROTECTION Air and Radiation Division, U.S. regulations at 40 CFR 50.15, the 2008 AGENCY Environmental Protection Agency, 8-hour ozone NAAQS is attained when Region III, 1650 Arch Street, the three-year average of the annual 40 CFR Part 52 Philadelphia, Pennsylvania 19103. The fourth-highest daily maximum 8-hour [EPA–R03–OAR–2018–0754; FRL–9995–97- telephone number is (215) 814–2156. average ambient air quality ozone Region 3] Ms. Johansen can also be reached via concentration is less than or equal to electronic mail at johansen.amy@ 0.075 ppm. Approval and Promulgation of Air epa.gov. Quality Implementation Plans; District Upon promulgation of a new or of Columbia; Nonattainment New SUPPLEMENTARY INFORMATION: revised NAAQS, the CAA requires EPA Source Review Requirements for 2008 I. Background to designate as nonattainment any area 8-Hour Ozone Standard that is violating the NAAQS based on On March 19, 2019 (84 FR 9995), EPA the three most recent years of ambient AGENCY: Environmental Protection published a notice of proposed air quality data at the conclusion of the Agency (EPA). rulemaking (NPRM) for the District. In designation process. The Washington ACTION: Final rule. the NPRM, EPA proposed approval of Area was classified as marginal the District’s NNSR Certification for the nonattainment for the 2008 8-hour SUMMARY: The Environmental Protection 2008 8-hour ozone NAAQS. The formal ozone NAAQS on May 21, 2012 Agency (EPA) is approving a state SIP revision was submitted by the (effective July 20, 2012) using 2008– implementation plan (SIP) revision District on May 23, 2018. This SIP 2010 ambient air quality data. See 77 FR submitted by the District of Columbia revision was in response to EPA’s final 30088. On March 6, 2015, EPA issued (the District). The revision is in 2008 8-hour ozone NAAQS Findings of the final SIP Requirements Rule, which response to EPA’s February 3, 2017 Failure to Submit for NNSR establishes the requirements that state, Findings of Failure to Submit for requirements. See 82 FR 9158 (February tribal, and local air quality management various requirements relating to the 3, 2017). Specifically, the District agencies must meet as they develop 2008 8-hour ozone national ambient air certified that its existing NNSR program, implementation plans for areas where quality standards (NAAQS). This SIP covering the District portion of the air quality exceeds the 2008 8-hour revision is specific to nonattainment Washington, DC-MD-VA Nonattainment ozone NAAQS. See 80 FR 12264. Areas new source review (NNSR) Area (Washington Area) for the 2008 8- that were designated as marginal ozone requirements. This action is being taken hour ozone NAAQS, is at least as nonattainment areas were required to under the Clean Air Act (CAA). stringent as the requirements at 40 CFR attain the 2008 8-hour ozone NAAQS no DATES: 51.165, as amended by the final rule This final rule is effective on later than July 20, 2015, based on 2012– titled ‘‘Implementation of the 2008 August 5, 2019. 2014 monitoring data. See 40 CFR National Ambient Air Quality Standards ADDRESSES: EPA has established a 51.1103. The Washington Area did not for Ozone: State Implementation Plan docket for this action under Docket ID attain the 2008 8-hour ozone NAAQS by Requirements’’ (SIP Requirements Rule), Number EPA–R03–OAR–2018–0754. All July 20, 2015; however, the area did for ozone and its precursors.12 See 80 documents in the docket are listed on meet the CAA section 181(a)(5) criteria, FR 12264 (March 6, 2015). the https://www.regulations.gov as interpreted in 40 CFR 51.1107, for a website. Although listed in the index, one-year attainment date extension. See some information is not publicly 1 The SIP Requirements Rule addresses a range of nonattainment area SIP requirements for the 2008 81 FR 26697 (May 4, 2016). Therefore, available, e.g., confidential business 8-hour ozone NAAQS, including requirements on April 11, 2016, the EPA information (CBI) or other information pertaining to attainment demonstrations, reasonable Administrator signed a final rule whose disclosure is restricted by statute. further progress (RFP), reasonably available control extending the Washington Area 8-hour Certain other material, such as technology, reasonably available control measures, major new source review, emission inventories, and copyrighted material, is not placed on the timing of SIP submissions and of compliance Mgmt. Dist. v. EPA, 882 F.3d 1138, 2018 U.S. App. the internet and will be publicly with emission control measures in the SIP. The rule LEXIS 3636 (DC Cir. February 16, 2018). The D.C. available only in hard copy form. also revokes the 1997 ozone NAAQS and Cir. Court found certain provisions from the SIP Publicly available docket materials are establishes anti-backsliding requirements. Requirements Rule to be inconsistent with the 2 On February 16, 2018, the United States Court statute or unreasonable and vacated those available through https:// of Appeals for the District of Columbia Circuit (D.C. provisions. Id. The Court found other parts of the www.regulations.gov, or please contact Cir. Court or Court) issued an opinion on the EPA’s SIP Requirements Rule reasonable and denied the the person identified in the FOR FURTHER SIP Requirements Rule. South Coast Air Quality petition for appeal on those provisions. Id.

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ozone NAAQS attainment date from rulemaking action, consistent with the health and the environment. In order to July 20, 2015 to July 20, 2016. Id.3 CAA and EPA regulations, these protect human health and welfare, the Based on initial nonattainment Findings of Failure to Submit CAA requires EPA to establish NAAQS designations for the 2008 8-hour ozone established certain deadlines for the for certain common and widespread NAAQS, as well as the March 6, 2015 imposition of sanctions, if a state does pollutants based on the latest science. final SIP Requirements Rule, the District not submit a timely SIP revision Sections 108 and 109 of the CAA govern was required to develop a SIP revision addressing the requirements for which the establishment, review and revision, addressing certain CAA requirements the finding is being made, and for the as appropriate, of the NAAQS for each for the Washington Area, and submit to EPA to promulgate a Federal of the six common criteria air EPA a NNSR Certification SIP or SIP implementation plan (FIP) to address pollutants: Ground-level ozone, revision no later than 36 months after any outstanding SIP requirements. particulate matter, carbon monoxide, the effective date of area designations EPA found, inter alia, that the District lead, sulfur dioxide, and nitrogen for the 2008 8-hour ozone NAAQS (i.e., failed to submit SIP revisions in a dioxide. The CAA requires periodic July 20, 2015).4 See 80 FR 12264 (March timely manner to satisfy NNSR review of the science upon which the 6, 2015). EPA is approving the District’s requirements for the Washington Area. standards are based and the standards May 23, 2018 NNSR Certification SIP The District submitted its May 23, 2018 themselves. revision for the 2008 8-hour ozone SIP revision to address the specific EPA concurs that ozone pollution can NAAQS. NNSR requirements for the 2008 8-hour trigger a variety of health problems, ozone NAAQS, located in 40 CFR particularly for children, the elderly, II. Summary of SIP Revision and EPA 51.160 through 165, as well as its Analysis and people of all ages who have lung obligations under EPA’s February 3, diseases such as asthma. Which may in This rulemaking action is specific to 2017 Findings of Failure to Submit. turn, increase emergency room visits the District’s NNSR requirements. NNSR EPA’s analysis of how this SIP revision and days absent from school and work. is a preconstruction review permit addresses the NNSR requirements for Specific to the 2008 8-hour ozone program that applies to new major the 2008 8-hour ozone NAAQS and the NAAQS, EPA looked at many stationary sources or major Findings of Failure to Submit was epidemiological studies to determine modifications at existing sources located discussed in the NPRM and will not be ozone’s effect on the population.5 in a nonattainment area. The specific restated here. Upon EPA’s comprehensive review of NNSR requirements for the 2008 8-hour III. Public Comments and EPA the ozone NAAQS, the 2008 8-hour ozone NAAQS are located in 40 CFR Response ozone standard in this instance, EPA 51.160 through 165. issued its final action to revise the The District’s SIP approved NNSR EPA received one set of relevant comments on the March 19, 2019 NAAQS for ozone to establish new 8- program, established in Chapters 1 (Air hour standards. See 73 FR 16436 (March Quality-General Rules) and 2 (Air NPRM. A summary of the comments and EPA’s responses are discussed in 27, 2008). In that action, the EPA Quality—General and Nonattainment promulgated identical revised primary Area Permits) in Title 20 of the District this Section. A copy of the comments can be found in the docket for this (health-based) and secondary (welfare- of Columbia Municipal Regulations based) ozone standards, designed to (DCMR), apply to the construction and rulemaking action. Comment: The commenter affirms protect public health and welfare, of modification of major stationary sources 0.075 parts per million (ppm).6 Those in nonattainment areas. In its May 23, that under the CAA the EPA sets NAAQS for six criteria pollutants and standards are met when the 3-year 2018 SIP revision, the District certified average of the annual fourth highest that the versions of 20 DCMR Chapters after each NAAQS is set, states throughout the United States are daily maximum 8-hour average ozone 1 and 2 approved in the SIP are at least concentration is less than or equal to as stringent as the Federal NNSR required to develop reduction strategies, plans, and programs in order to attain 0.075 ppm. See 40 CFR 50.15. requirements for the Washington Area. As discussed in the NPRM, In addition, on February 3, 2017, EPA those NAAQS. Further, the commenter promulgation of a revised NAAQS found that 15 states and the District notes that in 2008 EPA revised the 8- triggers a requirement for the EPA to failed to submit SIP revisions in a hour ozone NAAQS to 0.075 parts per designate areas of the country as timely manner to satisfy certain million, which is attained when the nonattainment, attainment, or requirements for the 2008 8-hour ozone three-year average of the annual fourth- unclassifiable for the standards; for NAAQS that apply to nonattainment highest daily maximum average is less ozone NAAQS, this also involves areas and/or states in the OTR. See 82 than 0.075 ppm. The commenter asserts classifying any nonattainment areas at FR 9158. As explained in that there is evidence to show that there is a relationship between ozone exposure the time of designation. See CAA sections 107(d)(1) and 181(a)(1). Ozone 3 EPA approved a Determination of Attainment and a number of lung and heart related (DOA) for the 2008 8-hour ozone NAAQS for the diseases in children and adults, which nonattainment areas are classified based Washington Area. This action was based on in some cases increases visits to the on the severity of their ozone levels (as complete, certified, and quality assured ambient air Emergency Department (ED). Lastly, the determined based on the area’s ‘‘design quality monitoring data for the 2013–2015 value,’’ which represents air quality in monitoring period. See 82 FR 52651 (November 14, commenter notes that ozone impacts 2017). It should be noted that a DOA does not human health and, if EPA approves the the area for the most recent three years). alleviate the need for the District to certify that its District’s SIP, it is going against EPA’s 5 existing SIP approved NNSR program is as stringent missions to protect human and For more specifics on EPA’s review of the health as the requirements at 40 CFR 51.165, as NNSR effects considered, see: U.S. Environmental applies in nonattainment areas until an area has environmental health. Protection Agency, March 2008. Final Ozone been redesignated to attainment. EPA Response: While not the subject NAAQS Regulatory Impact Analysis. EPA–452/R– 4 Neither the District’s obligation to submit the of this rulemaking action, EPA thanks 08–003. https://www3.epa.gov/ttn/ecas/docs/ria/ NNSR Certification SIP nor the requirements the commenter for their comments and naaqs-o3_ria_final_2008-03.pdf. governing that submission were affected by the D.C. 6 Since the 2008 primary and secondary NAAQS Circuit’s February 16, 2018 decision on portions of agrees with the commenter’s assertions, for ozone are identical, for convenience, we refer to the SIP Requirements Rule in South Coast Air as it relates to setting the NAAQS and both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008 Quality Mgmt. Dist. v. EPA. the impacts ozone can have on our ozone standard.’’

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The possible classifications for ozone NAAQS, states in the OTR were ozone NAAQS as set forth in the March nonattainment areas are marginal, required to submit a SIP revision for 6, 2015 final SIP Requirements Rule and moderate, serious, severe, and extreme. RACT. See 40 CFR 51.1116. As noted in those specific requirements will not be See CAA section 181(a)(1). the March 19, 2019 NPRM, this restated here. See 84 FR 9995. Nonattainment areas with a ‘‘lower’’ requirement is the only recurring Lastly, it is unclear to EPA what SIP classification have ozone levels that are obligation for an OTR state upon revision (or plan revision) the closer to the standard than areas with a revision of a NAAQS, unless that state commenter is referring to and, therefore, ‘‘higher’’ classification.7 On May 21, also contains some portion of a EPA cannot offer a specific response, 2012 and June 11, 2012, the EPA issued nonattainment area for the revised except to reaffirm that per the subject of rules designating 46 areas throughout NAAQS. In that case, the nonattainment this rulemaking action, EPA is finalizing the country as nonattainment for the requirements described above also its determination that the District’s 2008 ozone NAAQS, effective July 20, apply to those portions of that state. existing NNSR program for the 2008 8- 2012, and establishing classifications for On March 6, 2015, the EPA hour ozone NAAQS is at least as the designated nonattainment areas.8 As established a final implementation rule stringent as the requirements at 40 CFR noted previously, the Washington Area for the 2008 ozone SIP Requirements 51.165, as amended by the final SIP was designated as marginal for the 2008 Rule. See 80 FR 12264. The purpose of Requirements Rule, for ozone and its 8-hour ozone standard. Areas that action was to detail the precursors. See 80 FR 12264 (March 6, designated nonattainment for the ozone requirements applicable to ozone 2015). NAAQS are subject to the general nonattainment areas, as well as Comment: The commenter nonattainment area planning requirements that apply in the OTR, and emphasized that the District’s SIP states requirements of CAA section 172 and provide specific deadlines for SIP that because the District is in the OTR, also to the ozone-specific planning submittals. they do not need to meet the NAAQS requirements of CAA section 182. States EPA agrees with the commenter and requirements. The commenter then in the OTR are additionally subject to has taken the appropriate steps to notes that because they are in the OTR, the requirements outlined in CAA promulgate ozone NAAQS that are they are only required to meet the section 184. Ozone nonattainment areas protective of human health and the threshold under the Federal OTR in the lower classification levels have environment, in addition to providing requirements. fewer and/or less stringent mandatory ozone nonattainment areas with their EPA Response: EPA believes the air quality planning and control specific statutory obligations under the commenter misunderstood the requirements than those in higher CAA. EPA disagrees with the statement being made in the District’s classifications. For a marginal area, a commenter’s assertion that by approving May 23, 2018 SIP revision. In EPA’s state is required to submit a baseline the District’s 2008 8-hour ozone SIP March 19, 2019 NPRM, there was a emissions inventory and adopt a SIP revision certifying that its NNSR thorough discussion related to requiring emissions statements from program is adequate, EPA is somehow applicable OTR requirements and those stationary sources and implementing a going against its mission to protect specifics will not be restated here, NNSR program for the relevant ozone human health and the environment. To except to note that the entire District is standard. See CAA section 182(a). For a the contrary, EPA has determined that currently designated as nonattainment moderate area, a state needs to comply the District is meeting their statutory for the 2008 8-hour ozone NAAQS. See with the marginal area requirements, obligations relating to NNSR permitting ‘‘Summary of SIP Revision and EPA plus additional requirements, including as needed to work towards attaining and Analysis’’ in 84 FR 9995. Therefore, the requirement to submit a maintaining the 2008 8-hour ozone OTR emissions threshold requirements demonstration that the area will attain NAAQS, as required by the CAA and would not apply, but NNSR emissions in six years, the requirement to adopt the final SIP Requirements Rule. thresholds (and all other NNSR and implement certain emissions Comment: The commenter states that requirements) continue to apply. See 40 controls, such as Reasonably Available in 2012, the Washington Area was in CFR 51.165(a)(1)(iv)(A)(1). If EPA Control Technology (RACT), and the nonattainment and, subsequently in redesignates the Washington Area to requirement for greater emissions offsets 2015 EPA issued a rule requiring state, attainment for the 2008 8-hour ozone for new or modified major stationary local, and tribal air quality management NAAQS, at that time NNSR would no sources under the state’s NNSR agencies to create plans and programs to longer apply, but the Federal prevention program. For each higher ozone reduce ozone pollution. The commenter of significant deterioration (PSD) and nonattainment classification, a state notes that the Washington Area Federal OTR requirements (i.e., needs to comply with all lower area modified its SIP and that EPA should emissions thresholds and other classification requirements, plus not approve the District’s SIP (EPA applicable requirements) would apply additional emissions controls and more assumes the commenter is referring to a to major sources in the District. expansive NNSR offset requirements. revision to the District’s SIP). Comment: The commenter asserts that The CAA sets out specific EPA Response: EPA agrees with the despite the District never being requirements for states in the OTR.9 commenter’s first point and notes that, classified as extreme nonattainment for Upon promulgation of the 2008 ozone as stated in the NPRM, the Washington ozone, the District should do a full Area was classified as marginal review of their regulations. 7 See 40 CFR 51.1103 for the design value nonattainment for the 2008 8-hour EPA Response: EPA agrees with the thresholds for each classification for the 2008 ozone ozone NAAQS on May 21, 2012 commenter’s first point and the NAAQS. (effective July 20, 2012) using 2008– District’s own assertion in its May 23, 8 77 FR 30088 (May 21, 2012) and 77 FR 34221 (June 11, 2012). 2010 ambient air quality data. See 77 FR 2018 SIP revision. The District has 9 CAA section 184 details specific requirements 30088. never been classified as extreme for a group of states (and the District of Columbia) As it relates to the commenter’s nonattainment for an ozone NAAQS. that make up the OTR. States in the OTR are second point, in EPA’s March 19, 2019 Regarding the statement that the District required to submit RACT SIP revisions and NPRM and in the previous response to should do a full review of its mandate a certain level of emissions control for the pollutants that form ozone, even if the areas in the comment, EPA thoroughly discussed regulations, that comment is outside the state meet the ozone standards. specific SIP requirements for the 2008 scope of this action. This specific

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rulemaking action is focused on NNSR believes that the District should be 2017 Findings of Failure to Submit. See requirements that apply to the required to submit a full revision of its 82 FR 9158. nonattainment area and the District’s 2010 SIP and include an emissions V. Statutory and Executive Order SIP approved NNSR program, inventory and a long-term strategy at the Reviews established in Chapters 1 (Air Quality- very least. General Rules) and 2 (Air Quality— EPA Response: It is unclear what ‘‘full A. General Requirements General and Nonattainment Area revision of the 2010 SIP’’ the commenter Under the CAA, the Administrator is Permits) in Title 20 of the District of is referencing, but to the extent the required to approve a SIP submission Columbia Municipal Regulations commenter is referring to a previously that complies with the provisions of the (DCMR). The District evaluated the approved DOA and Clean Data CAA and applicable Federal regulations. necessary regulations for this Determination (CDD) for the 1997 8- 42 U.S.C. 7410(k); 40 CFR 52.02(a). rulemaking action and certified in its hour Moderate Ozone Nonattainment Thus, in reviewing SIP submissions, May 23, 2018 SIP revision that its Area, it is not the subject of this EPA’s role is to approve state choices, existing Federally-approved NNSR rulemaking action. See 77 FR 11739 provided that they meet the criteria of program is at least as stringent as the (February 28, 2012). EPA received the the CAA. Accordingly, this action Federal NNSR requirements found at 40 District’s SIP revision for that merely approves state law as meeting CFR 51.165, and based on EPA’s rulemaking action on June 15, 2010 and Federal requirements and does not analysis of that SIP revision, EPA agrees finalized the rulemaking in 2012.10 with the District and is moving forward impose additional requirements beyond The commenter also suggests that the those imposed by state law. For that to approve this rulemaking action. District should be required to submit a Comment: The commenter makes a reason, this action: full revision of its 2010 SIP, with an • Is not a ‘‘significant regulatory claim that in 2017, the Director of the emissions inventory and long-tern District’s Department of Energy and action’’ subject to review by the Office strategy at the very least. This comment of Management and Budget under Environment (DOEE) claimed to be is not germane to this rulemaking close to achieving the NAAQS standard Executive Orders 12866 (58 FR 51735, action, which is focused on the October 4, 1993) and 13563 (76 FR 3821, for ozone, which has yet to happen. District’s NNSR program. The EPA Response: While EPA cannot January 21, 2011); applicable CAA requirements for the • speak to specific statements made by the Is not an Executive Order 13771 (82 District were clearly articulated in the Director of DOEE, nor are those alleged FR 9339, February 2, 2017) regulatory March 19, 2019 NPRM for this action statements the subject of this action because SIP approvals are and will not be restated here. rulemaking action, EPA can identify its exempted under Executive Order 12866. • approval of a Determination of Finally, EPA disagrees with the Does not impose an information Attainment (DOA) for the 2008 8-hour commenter’s statement that because the collection burden under the provisions ozone NAAQS for the Washington Area. District is still in nonattainment, this of the Paperwork Reduction Act (44 That action was based on complete, SIP revision should not be approved. U.S.C. 3501 et seq.); certified, and quality assured ambient This SIP revision addressing NNSR • Is certified as not having a air quality monitoring data for the 2013– requirements was submitted because the significant economic impact on a 2015 monitoring period. See 82 FR District was designated nonattainment substantial number of small entities 52651 (November 14, 2017). It should be for the 2008 8-hour ozone NAAQS. The under the Regulatory Flexibility Act (5 noted that a DOA does not alleviate the SIP revision is an applicable U.S.C. 601 et seq.); need for the District to certify that its requirement under the CAA for • Does not contain any unfunded existing SIP approved NNSR program is nonattainment areas and the District’s mandate or significantly or uniquely as stringent as the requirements at 40 SIP meets the applicable CAA affect small governments, as described CFR 51.165, as NNSR applies in standards; therefore, EPA is approving in the Unfunded Mandates Reform Act nonattainment areas until an area has the SIP revision as required under CAA of 1995 (Pub. L. 104–4); been redesignated to attainment. section 110(k)(3). • Does not have Federalism In addition, on March 12, 2018, the IV. Final Action implications as specified in Executive District submitted to EPA for its Order 13132 (64 FR 43255, August 10, approval, a redesignation request and EPA is approving the District’s May 1999); maintenance plan for the 2008 8-hour 23, 2018 SIP revision addressing the • Is not an economically significant ozone NAAQS. EPA has already acted NNSR requirements for the 2008 ozone regulatory action based on health or on the District’s maintenance plan NAAQS for the Washington Area. EPA safety risks subject to Executive Order portion of that March 12, 2018 SIP has concluded that the District’s 13045 (62 FR 19885, April 23, 1997); submittal and proposed approval of the submission fulfills the 40 CFR 51.1114 • Is not a significant regulatory action District’s redesignation request on May revisions requirement, meets the subject to Executive Order 13211 (66 FR 21, 2019. See 84 FR 15108 (April 15, requirements of CAA section 110 and 28355, May 22, 2001); 2019) and 84 FR 22996, respectively. 172 and the minimum SIP requirements • Is not subject to requirements of Comment: The commenter makes a of 40 CFR 51.165, as well as its Section 12(d) of the National statement that the District has not obligations under EPA’s February 3, Technology Transfer and Advancement submitted a SIP which includes regional Act of 1995 (15 U.S.C. 272 note) because planning, an emissions inventory, 10 The commenter makes a statement with respect application of those requirements would sources of haze-causing pollutants and a to ‘‘haze-causing pollutants’’ and while not the be inconsistent with the CAA; and subject of this rulemaking, EPA wants to confirm • long-term strategy since 2010 and that that the District has met and continues to meet their Does not provide EPA with the this report should be updated, because statutory obligations found at 40 CFR 51.308, as it discretionary authority to address, as the District is still in nonattainment for relates to regional haze. The latest regional haze appropriate, disproportionate human ozone. The commenter further asserts approvals for the District are as follows: Regional health or environmental effects, using Haze Five-Year Progress Report, See 82 FR 37305 that EPA should not approve the (August 10, 2017) and Regional Haze SIP (1st practicable and legally permissible District’s SIP, because the District is not Planning Period), See 77 FR 5191 (Februaury 2, methods, under Executive Order 12898 in attainment for ozone. The commenter 2012). (59 FR 7629, February 16, 1994).

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In addition, this rule does not have cannot take effect until 60 days after it Nitrogen dioxide, Ozone, Reporting and tribal implications as specified by is published in the Federal Register. recordkeeping requirements, Volatile Executive Order 13175 (65 FR 67249, This action is not a ‘‘major rule’’ as organic compounds. November 9, 2000), because the SIP is defined by 5 U.S.C. 804(2). Dated: June 21, 2019. not approved to apply in Indian country C. Petitions for Judicial Review Cosmo Servidio, located in the state, and EPA notes that Regional Administrator, Region III. it will not impose substantial direct Under section 307(b)(1) of the CAA, costs on tribal governments or preempt petitions for judicial review of this 40 CFR part 52 is amended as follows: tribal law. action must be filed in the United States Court of Appeals for the appropriate PART 52—APPROVAL AND B. Submission to Congress and the circuit by September 3, 2019. Filing a PROMULGATION OF Comptroller General petition for reconsideration by the IMPLEMENTATION PLANS Administrator of this final rule does not The Congressional Review Act, 5 affect the finality of this action for the ■ 1. The authority citation for part 52 U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it continues to read as follows: Business Regulatory Enforcement extend the time within which a petition Authority: 42 U.S.C. 7401 et seq. Fairness Act of 1996, generally provides for judicial review may be filed, and that before a rule may take effect, the shall not postpone the effectiveness of Subpart J—District of Columbia agency promulgating the rule must such rule or action. This action submit a rule report, which includes a pertaining to the District’s NNSR ■ 2. In § 52.470, the table in paragraph copy of the rule, to each House of the program and the 2008 8-hour ozone (e) is amended by adding the entry Congress and to the Comptroller General NAAQS may not be challenged later in ‘‘2008 8-Hour Ozone Certification for of the United States. EPA will submit a proceedings to enforce its requirements. Nonattainment New Source Review report containing this action and other (See section 307(b)(2).) (NNSR)’’ at the end of the table to read required information to the U.S. Senate, as follows: the U.S. House of Representatives, and List of Subjects in 40 CFR Part 52 the Comptroller General of the United Environmental protection, Air § 52.470 Identification of plan. States prior to publication of the rule in pollution control, Incorporation by * * * * * the Federal Register. A major rule reference, Intergovernmental relations, (e)* * *

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

******* 2008 8-Hour Ozone Certification for The District of Columbia ... 05/23/2018 07/05/2019, Insert Federal Nonattainment New Source Review Register citation]. (NNSR).

[FR Doc. 2019–14144 Filed 7–3–19; 8:45 am] Department of Environmental Protection Pennsylvania in support of the earlier BILLING CODE 6560–50–P (PADEP) submitted a SIP revision on SIP revision. That demonstration shows March 19, 2019 seeking to remove from that, pursuant to the Clean Air Act the Pennsylvania SIP an Allegheny (CAA), removal of the 7.8 psi RVP ENVIRONMENTAL PROTECTION County requirement limiting requirements from the SIP will not AGENCY summertime gasoline volatility in interfere with the area’s ability to attain Allegheny County to 7.8 pounds per or maintain any NAAQS, nor will it be 40 CFR Part 52 square inch (psi) Reid Vapor Pressure inconsistent with any other CAA [EPA–R03–OAR–2019–0144; FRL–9996–04– (RVP). The original purpose of that requirements. EPA is approving this Region 3] gasoline requirement was to address revision to remove the ACHD nonattainment under the 1-hour ozone requirements for use of 7.8 psi RVP Approval and Promulgation of Air national ambient air quality standard gasoline in summer months from the Quality Implementation Plans; (NAAQS) in the Pittsburgh-Beaver Pennsylvania SIP, in accordance with Pennsylvania; Removal of Allegheny Valley ozone nonattainment area the requirements of the CAA. County Requirements Applicable to (hereafter Pittsburgh-Beaver Valley DATES: This final rule is effective on July Gasoline Volatility in the Allegheny Area). EPA acted in December 2018 to 5, 2019. County Portion of the Pittsburgh- remove similar 7.8 psi RVP ADDRESSES: Beaver Valley Area EPA has established a requirements that applied to the entire docket for this action under Docket ID AGENCY: Environmental Protection Pittsburgh-Beaver Valley Area, as the Number EPA–R03–OAR–2019–0144. All Agency (EPA). requirements are no longer needed to documents in the docket are listed on ACTION: Final rule. address nonattainment in the area and the https://www.regulations.gov have been supplanted by other website. Although listed in the index, SUMMARY: The Environmental Protection emissions control measures. This action some information is not publicly Agency (EPA) is taking final action serves to remove the separate available, e.g., confidential business approving a state implementation plan comparable requirement in the information (CBI) or other information (SIP) revision submitted by the Pennsylvania SIP that applies only to whose disclosure is restricted by statute. Commonwealth of Pennsylvania, on Allegheny County. The approval of this Certain other material, such as behalf of the Allegheny County Health SIP revision is supported by the copyrighted material, is not placed on Department (ACHD). The Pennsylvania demonstration prepared by the internet and will be publicly

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available only in hard copy form. responded by adopting a range of ozone requirements of Chapter 126, Publicly available docket materials are precursor emission control measures for Subchapter C of the Pennsylvania Code, available through https:// the area—including adoption of separate based upon a demonstration that the www.regulations.gov, or please contact state and Allegheny County rules to repeal of the RVP requirements rule the person identified in the FOR FURTHER limit summertime gasoline volatility to (coupled with other ozone precursor INFORMATION CONTACT section for 7.8 psi RVP. While Pennsylvania’s RVP emission reduction measures) would additional availability information. control rule applied to the entire not interfere with the Pittsburgh-Beaver FOR FURTHER INFORMATION CONTACT: Pittsburgh-Beaver Valley Area— Valley Area’s attainment of any Brian Rehn, Planning & Implementation Allegheny, Armstrong, Beaver, Butler, NAAQS, per the requirements for Fayette, Washington, and Westmoreland Branch (3AD30), Air & Radiation noninterference set forth in section Counties—ACHD adopted a Division, U.S. Environmental Protection 110(l) of the CAA. Section 110(l) substantially similar rule applicable Agency, Region III, 1650 Arch Street, prohibits EPA from approving a SIP Philadelphia, Pennsylvania 19103. The only in Allegheny County. Each of these overlapping RVP control revision if the revision ‘‘would interfere telephone number is (215) 814–2176. with any applicable requirement Mr. Rehn can also be reached via rules was separately submitted to EPA concerning attainment and reasonable electronic mail at [email protected]. for inclusion in the Pennsylvania SIP. PADEP promulgated its rule applicable further progress . . . or any other SUPPLEMENTARY INFORMATION: to the entire Pittsburgh-Beaver Valley applicable requirement of [the Act.]’’ I. Background Area in the November 1, 1997 On December 20, 2018 (83 FR 65301), On April 26, 2019 (84 FR 17762), EPA Pennsylvania Bulletin (27 Pa.B. 5601, EPA approved Pennsylvania’s May 2018 published a notice of proposed effective November 1, 1997), codifying request to remove from the SIP PADEP’s rulemaking (NPRM) for the its rule at Subchapter C of Chapter 126 rules under 25 Pa. Code Chapter 126 Commonwealth of Pennsylvania of the Pennsylvania Code of Regulations requiring 7.8 psi RVP gasoline during (25 Pa. Code Chapter 126, Subchapter proposing to approve its revision to summer months in the greater C). Pennsylvania first submitted that remove from the Pennsylvania SIP the Pittsburgh-Beaver Valley Area. EPA’s ACHD requirements for use of 7.8 psi rule for inclusion in the Pennsylvania SIP on April 17, 1998, which EPA action also approved Pennsylvania’s RVP gasoline during summer months in CAA 110(l) NAAQS noninterference Allegheny County, Pennsylvania. The approved on June 8, 1998 (63 FR 31116). The ACHD initially adopted its own demonstration showing that the formal SIP revision requesting this emissions impact from repeal of the 7.8 removal of the ACHD summertime low substantially similar summertime gasoline 7.8 psi RVP rule (applicable psi gasoline volatility requirements in RVP program for the Pittsburgh-Beaver the entire Pittsburgh-Beaver Valley Area Valley Area was submitted by PADEP, only to Allegheny County) via (including Allegheny County) is offset on Allegheny County’s behalf, on March Allegheny County Order No. 16782, by means of substitution of 19, 2019. In the NPRM, EPA proposed Article XXI, sections 2102.40, 2105.90, to approve Pennsylvania’s request to and 2107.15 (effective May 15, 1998, commensurate emissions reductions remove the 7.8 psi RVP summertime amended August 12, 1999). On March from other measures enacted by gasoline requirement in Allegheny 23, 2000, PADEP submitted this ACHD Pennsylvania. Upon the effective date of County from the Pennsylvania SIP. rule to EPA for incorporation into the EPA’s December 2018 action, Allegheny EPA received several adverse Pennsylvania SIP, which EPA approved County remained subject to ACHD’s 7.8 comments on the April 26, 2019 on April 17, 2001 (66 FR 19724), psi RVP summer gasoline limits, while proposed rulemaking. EPA has effective June 18, 2001. the remainder of the Pittsburgh-Beaver addressed the public comments B. PADEP and ACHD Actions To Valley Area became subject to Federal received on this action below, in Suspend Low RVP Gasoline 9.0 RVP summer gasoline limits. Section IV of this preamble. EPA is Requirements ACHD subsequently revised its own finalizing approval of Pennsylvania’s In the 2013 through 2014 session, the 7.8 psi RVP rule (codified at Article request to remove the ACHD 7.8 psi Pennsylvania General Assembly passed, XXI, §§ 2105.90 and 2107.15 of the RVP summer gasoline requirements and Governor Corbett signed into law, Rules and Regulations of the Allegheny applicable to Allegheny County from Act 50 (Pub. L. 674, No. 50 of May 14, County Health Department; amended the SIP and has concluded that doing so 2014). Act 50 amended the February 21, 2019, effective March 3, does not interfere with the Pittsburgh- Pennsylvania Air Pollution Control Act, 2019) to suspend applicability of Beaver Valley Area’s ability to attain or directing PADEP to initiate a process to ACHD’s 7.8 psi RVP summer gasoline maintain any NAAQS under section obtain approval from EPA of a SIP 110(l) of the CAA. requirements. This ACHD Article XXI revision that demonstrates continued rule revision established its effective II. Summary of the Pennsylvania SIP compliance with the NAAQS, through date as the date of EPA’s removal of the Revision utilization of substitute, commensurate revised Article XXI sections from the emissions reductions to offset the Allegheny County portion of the A. Pennsylvania’s Gasoline Volatility emissions reduction impact associated Pennsylvania SIP. On March 19, 2019, Requirements for the Pittsburgh-Beaver with repeal of the Pittsburgh-Beaver PADEP submitted this SIP revision (on Valley Area Valley Area 7.8 RVP gasoline behalf of ACHD) to EPA to request On November 6, 1991, EPA requirement. Act 50 directs PADEP to designated and classified the Pittsburgh- repeal, upon EPA approval of its removal of the ACHD’s RVP rule Beaver Valley Area as moderate NAAQS noninterference demonstration, requirements from the Pennsylvania nonattainment for the 1979 1-hour the summertime gasoline RVP limit SIP. It is this March 2019 request to ozone NAAQS. As part of provisions of 25 Pa. Code Chapter 126, remove the ACHD RVP program Pennsylvania’s efforts to bring the Subchapter C. requirements from the SIP that is the Pittsburgh-Beaver Valley Area into On May 2, 2018, PADEP submitted a subject of EPA’s current rulemaking attainment of the then applicable ozone SIP revision to EPA requesting removal action. NAAQS, the PADEP and ACHD from the Pennsylvania SIP of the state

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III. EPA’s Analysis of Pennsylvania’s County low-RVP requirement from the compliance with any NAAQS. Based on SIP Revision SIP, PADEP and ACHD relied upon the the May 2018 PADEP CAA 110(l) existing CAA 110(l) noninterference noninterference analysis approved by A. Pennsylvania’s Estimate of the demonstration that was prepared in EPA and reevaluated by EPA in this Impacts of Removing the 7.8 psi RVP support of PADEP’s May 2, 2018 SIP action (which is included as a Requirement revision approved by EPA in December supporting element of the March 2019 EPA’s primary consideration for 2018. Because EPA had already acted on SIP revision), EPA concludes that the determining the approvability of that demonstration applicable to current action to remove the 7.8 psi RVP Pennsylvania’s request (on behalf of removal of 7.8 psi RVP gasoline in the fuel requirement in Allegheny County ACHD) to remove the County entire Pittsburgh-Beaver Valley Area, will not negatively impact the requirements for a gasoline volatility EPA did not completely reconsider the Pittsburgh-Beaver Valley Area’s ability control program from its SIP is whether content and findings of that to attain or maintain any NAAQS or this requested action complies with demonstration with respect to removal interfere with reasonable further section 110 of the CAA, and specifically in this action of ACHD’s similar rule progress or with any other CAA with section 110(l), governing removal applicable only to Allegheny County. applicable requirement. of an EPA-approved SIP requirement.1 EPA’s review of the Commonwealth’s IV. Response to Comments Received Section 110(l) of the CAA prohibits EPA analysis is contained in the docket for During the Public Comment Period on from approving any SIP revision if such EPA’s prior action (published December the NPRM revision would interfere with any 20, 2018 (83 FR 65301)) to remove the applicable requirement concerning PADEP 7.8 psi RVP program from the EPA received comments from six attainment and reasonable further Pittsburgh-Beaver Valley Area. Based on separate commenters on our April 26, progress (as defined in section 171), or our review of the information provided, 2019 (84 FR 17762) proposed action. any other applicable requirement of the EPA found that PADEP used reasonable One of these commenters was CAA. An earlier Pennsylvania SIP methods and the appropriate tools (e.g., supportive of EPA’s proposed action, revision submitted to EPA on May 2, emissions estimation models, emissions while the rest opposed at least some 2018 included a ‘‘noninterference factors, and other methodologies) in aspects of our proposed rulemaking. demonstration’’ explaining how the estimating the effect on emissions from EPA’s summary of the significant removal of the 7.8 psi RVP requirement removing the 7.8 psi RVP summertime adverse comments received during the would not interfere with attaining or gasoline program for the purpose of public comment period for the proposed maintaining any NAAQS in the entire demonstrating noninterference with any rulemaking and our responses to those Pittsburgh-Beaver Valley Area, NAAQS under CAA 110(l). comments are listed below. including Allegheny County. The result of the analysis was that Comment 1: (EPA–R03–OAR–2019– EPA evaluates each section 110(l) with the substituted measures, the 0144–0020) The commenter notes that noninterference demonstration on a entire Pittsburgh-Beaver Valley Area EPA granted a federal ‘‘preemption case-by-case basis considering the will experience lower levels of ozone waiver’’ under section 221 (sic) (Title II) circumstances of each SIP revision. EPA pollution precursors of volatile organic of the CAA but does not explain why interprets CAA section 110(l) as compounds (VOCs) and nitrogen oxides that waiver is now being revoked. The applying to all NAAQS that are in effect, (NOX), and of fine particulate matter commenter contends that EPA is on a including those that have been smaller than 2.5 microns (PM2.5), with march to deregulate and remove CAA promulgated, but for which EPA has not the substitute measures in place than it protections to make sure areas such as yet made designations. In evaluating would with continued operation of the Pittsburgh don’t (sic) violate Federal whether a given SIP revision would 7.8 psi RVP program in the area. In VOC and ozone standards. The interfere with attainment or reviewing ACHD’s March 2019 commenter recommends that EPA maintenance, as required by CAA submittal, EPA considered whether disapprove the Commonwealth’s section 110(l), EPA generally considers there was any new circumstances or request to remove the Allegheny County whether the SIP revision will allow for information since the May 2018 7.8 psi RVP program from the SIP until an increase in actual emissions into the demonstration submitted by PADEP that the preemption waiver is resolved. The air over what is allowed under the would cause EPA to reconsider whether commenter suggests that if a preemption existing EPA-approved SIP. In the the prior analysis was still valid. waiver is no longer warranted, EPA absence of an attainment demonstration Neither EPA nor the commenters must formally remove the preemption or maintenance plan that demonstrates identified any such changes in waiver from the SIP before EPA can removal of an emissions control circumstances which would invalidate remove the County low-RVP gasoline measure will not interfere with any the May 2018 demonstration analysis. program from the SIP. applicable NAAQS or requirement of EPA concludes that the Response 1: EPA believes the the CAA under section 110(l), states Commonwealth’s May 2018 commenter is referring to exclusive may substitute equivalent emissions demonstration supporting removal of federal control over the regulation of reductions to compensate for any the PADEP low-RVP rule (which fuels and fuel additives granted by change to a SIP-approved program, with covered the entire Pittsburgh-Beaver section 211 of the CAA. Specifically, the purpose of providing that the status Valley Area from the SIP, including CAA section 211(c)(4)(A) preempts state quo air quality is preserved. Allegheny County) continues to show fuel controls that are different from As discussed in the NPRM for this that removal of state and local 7.8 RVP federal fuel controls and provides action, for removal of the Allegheny gasoline requirements will not interfere exceptions to exclusive federal with the attainment or maintenance of regulation that include a waiver of 1 CAA section 193, with respect to removal of any NAAQS in the area. Thus, the preemption. Under CAA section requirements in place prior to enactment of the removal of the 7.8 psi low RVP fuel 211(c)(4)(A), states (or political 1990 CAA Amendments, is not relevant because program requirements in the Allegheny subdivisions thereof) are generally Pennsylvania’s RVP control requirements in Allegheny County (or even the entire Pittsburgh- County portion of the Pittsburgh-Beaver prohibited from prescribing, for Beaver Valley Area) were not included in the SIP Valley Area does not interfere with purposes of motor vehicle emission prior to enactment of the 1990 CAA amendments. Pennsylvania’s ability to demonstrate control, any control of a component of

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a fuel or fuel additive for use in a motor Pennsylvania portion of the SIP. commenter asks how EPA can certify vehicle engine. However, under CAA Instead, as shown in Section III of this that the action has no significant section 211(c)(4)(C), a state may regulate rulemaking action, Allegheny County or economic impact if one of the nation’s fuel or fuel additives if it adopts such Pennsylvania need only comply with largest oil producers emphasized the a measure as part of a SIP, but EPA may CAA section 110(l) given that the economic savings and asks to see EPA’s only approve such a program into a SIP removal of 7.8 psi RVP requirement analysis showing that removal of the after finding that the state or local entails a SIP revision. As previously program does not significantly impact control is necessary to achieve a explained, CAA section 110(l) prohibits small entities. primary or secondary NAAQS and if EPA from approving any SIP revision if Response 2: EPA does not agree that there are no other measures that would such revision would interfere with any it is required to assess the economic bring about timely attainment. Section applicable requirement concerning impact of approving Allegheny County’s 211(c)(4)(C)(i). EPA waived preemption attainment and reasonable further request to remove the low-RVP gas and approved the Commonwealth’s SIP progress (as defined in section 171), or requirement from the Allegheny County requiring use of 7.8 psi RVP gasoline any other applicable requirement of the portion of the Pennsylvania SIP. As during summer months in the CAA. explained in the introductory sentences Pittsburgh-Beaver Valley Area The 7.8 psi state and local rules were to the Statutory and Executive Order (including Allegheny County) in two cited as control measures that Reviews section of the NPRM: separate SIP revisions in 1998 and contributed to ozone reduction in Under the Clean Air Act, the Administrator 2 Pennsylvania’s April 9, 2001 2001. It is the 2001 SIP approval is required to approve a SIP submission that requiring the use of low-RVP fuel in the maintenance plan supporting the complies with the provisions of the Act and Allegheny County portion of the Commonwealth’s request for applicable Federal regulations. 42 U.S.C. Pittsburgh-Beaver Valley Area that the redesignation to attainment of the 1979 7410(k); 40 CFR 52.02(a). Thus, in reviewing County is now seeking to remove from 1-hour ozone NAAQS, which EPA SIP submissions, EPA’s role is to approve the SIP. On April 26, 2019 (84 FR approved on October 19, 2001 (66 FR state choices, provided that they meet the 17764), EPA proposed to approve the 53094). In that same final rule, EPA criteria of the Clean Air Act. Accordingly, County request to remove the use of determined that the Pittsburgh-Beaver this action merely approves state law as low-RVP fuel in the Allegheny County Valley Area had attained the 1-hour meeting Federal requirements and does not portion of the Pittsburgh-Beaver Valley ozone NAAQS by its legal attainment impose additional requirements beyond deadline, based on three years of air those imposed by state law. For that reason, Area from the SIP. As explained earlier, this action: EPA approval of a state fuel measure quality data. On the basis of that ... determination, EPA found that an entails the waiver of preemption is certified as not having a significant contained in CAA 211(c)(4)(C)(i). Under attainment demonstration (and other economic impact on a substantial number of this provision, EPA may approve state related requirements under Part D of small entities under the Regulatory Flexibility fuel controls in a SIP if EPA determines Title I of the CAA) were not applicable Act (5 U.S.C. 601 et seq.); that the fuel control is necessary to requirements under the CAA for the 84 FR 17762, 17767 (April 26, 2019). achieve the NAAQS that the SIP Pittsburgh-Beaver Valley 1-hour ozone implements. nonattainment area. The EPA’s approval of the State’s request In sum, the Agency is required to Commonwealth’s reasonable further to remove from the SIP the requirement consider CAA section 211(c)(4)(C) progress plan for the Pittsburgh-Beaver to use low-RVP gasoline in Allegheny requirements when approving a state or Valley Area was prepared prior to County merely approves an enacted local fuel control program that would adoption of the 7.8 psi RVP rule, and state law (ACHD’s removal of the low- serve in lieu of the otherwise applicable therefore did not include reductions RVP requirement from Allegheny Federal fuel control program. EPA can from that measure to demonstrate County’s regulations) as meeting the only waive preemption if the progress towards achievement of the Federal CAA requirements and does not requirements of CAA section NAAQS. Therefore, EPA believes the impose any additional requirements 211(c)(4)(C)(i) and (v) are met. Nothing only requirement that must be satisfied beyond those already imposed by state in these provisions, however, preclude prior to removing an EPA approved law. For this reason, EPA’s action in either a state or local government from state or local fuel control measure are approving this SIP revision does not subsequently removing an approved the provisions of CAA section 110 have a significant impact under the state fuel measure.3 Thus, there is no related to SIP actions—and specifically Regulatory Flexibility Act. requirement for a ‘‘waiver’’ to remove the required showing that EPA approval Comment 3: (EPA–R03–OAR–0144– the 7.8 psi RVP requirement from either of a revision to the SIP does not 0016) The commenter contends that the Allegheny County portion or the interfere with any applicable EPA failed to require a noninterference requirement concerning attainment and demonstration for the revoked 1-hour 2 On June 8, 1998 (63 FR 31116), EPA approved reasonable further progress towards ozone NAAQS. The commenter argues a SIP revision (submitted December 3, 1997; as attainment, or other applicable CAA that PADEP’s noninterference revised April 17, 1998) by PADEP to require the use requirement. demonstration (prepared by PADEP as of 7.8 psi RVP gasoline in summer months in the Comment 2: (EPA–R03–OAR–0144– part of its April 2018 SIP revision, 7-county Pittsburgh-Beaver Valley 1-hour ozone nonattainment area. On April 17, 2001 (66 FR 0016) The commenter contends that in supporting removal of both State and 19724), EPA approved a SIP revision (submitted the proposed action, EPA certifies that County low-RVP gasoline rules from the March 23, 2000) by PADEP, on behalf of ACHD, to the action does not have a significant SIP) contains photochemical grid require the use of 7.8 psi RVP gasoline in summer economic impact on a substantial modeling that addresses only the 2008 months in the Allegheny County portion of the same 1-hour ozone nonattainment area. EPA’s number of small entities, but that 8-hour ozone NAAQS and not the prior, rationale for granting a federal preemption waiver comments submitted by Sunoco LLC revoked 1-hour ozone NAAQS. The under CAA 211(c)(4)(C) is explained in the June 8, during the County’s rule adoption commenter argues that because the 1- 1998 final rule, with the same rationale serving as asserted that the rule revision will hour ozone standard is based on a the basis for the April 17, 2001 final rule. 3 See for e.g., SIP revision for the removal of 7.0 ‘‘have economic advantages to both substantially different averaging time psi RVP from the state of Alabama SIP. 77 FR 23619 citizens and businesses of the and exceedance framework than the 8- (April 20, 2012). Pittsburgh-Beaver Valley area.’’ The hour NAAQS, EPA must ensure that

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removal of an area-wide requirement PADEP 7.8 psi low-RVP control measure EPA generally considers whether the (low-RVP fuel) is protective, as EPA from the SIP (a measure that applied to SIP revision will allow for an increase claims. the 7-county Pittsburgh-Beaver Valley in actual emissions into the air over Response 3: The Commonwealth’s Area, including Allegheny County). what is allowed under the existing EPA- CAA 110(l) demonstration focused on As the commenter noted, the 1-hour approved SIP. The EPA has not required demonstrating that current air quality ozone NAAQS was revoked by EPA that a state produce a new, complete can be maintained for all NAAQS under the Agency’s requirements for attainment demonstration for every SIP without continuation of the existing 7.8 implementation of the 1997 ozone revision, provided that the status quo air psi RVP gasoline control measure. The NAAQS. 40 CFR 50.9(b), 62 FR 38894 quality is preserved. See, e.g., Kentucky basis for the Commonwealth’s (July 18, 1997), 69 FR 23951, 23969 Resources Council, Inc, v. EPA, 467 F.3d demonstration is through substitution of (April 30, 2004). The 1-hour ozone 986 (6th Cir. 2006).4’’ equivalent or greater reductions in NAAQS was no longer applicable in the Pennsylvania has demonstrated primarily VOC and NOX emissions from Pittsburgh-Beaver Valley Area as of June noninterference with all NAAQS other measures to offset the VOC and 15, 2005. We need not consider whether through primarily an emissions NOX reductions that would no longer be this SIP revision interferes with the substitution approach, using methods achieved upon removal of the 7.8 psi revoked 1-hour NAAQS. By definition, prescribed by EPA guidance under RVP gasoline control measure. a revision cannot interfere with section 110(l) of the CAA. EPA In evaluating whether a SIP revision something that is no longer in effect, approved Pennsylvania’s CAA section would interfere with maintenance or such as a revoked NAAQS. EPA has 110(l) noninterference demonstration attainment, EPA generally considers dealt with the anti-backsliding concerns for the entire Pittsburgh-Beaver Valley whether the SIP revision will allow for related to revoked NAAQS by Area (including Allegheny County) on an increase in actual emissions into the promulgating regulations to address that December 20, 2018 (83 FR 65301). air over what is allowed under the issue. Thus, so long as the anti- Comment 5: (EPA–R03–OAR–2019– existing EPA-approved SIP. In assessing backsliding requirements in the ozone- 0144–0021) Commenter notes that in compliance with CAA section 110(l), requirements rule are met, further Pennsylvania’s prior SIP revision EPA treats each submission as a unique demonstration of noninterference under requesting removal of the state’s low- case, reviewing and acting upon each 110(l) are not necessary. RVP gasoline rule applicable to the one on a case-by-case basis through Comment 4: (EPA–R03–OAR–0144– Pittsburgh-Beaver Valley Area, PADEP regional SIP action. However, EPA did 0016) The commenter asks why EPA stated that it wished to retain any broach the subject of compliance with would remove a measure that achieves remaining balance of creditable CAA 110(l) noninterference in guidance VOC reductions for a county that EPA emission reductions from the permanent prepared specifically for removal of has designated nonattainment for the closure of the Guardian Industries glass another control measure, entitled 2012 PM NAAQS, when VOC 2.5 manufacturing facility located in ‘‘Guidance on Removing Stage II reductions could help the area attain the Allegheny County, Pennsylvania. Gasoline Vapor Control Programs from PM NAAQS, because VOCs can be 2.5 However, EPA’s proposed approval of State Implementation Plans and precursors to PM formation. The 2.5 this prior SIP action states that no Assessing Comparable Measures,’’ commenter contends that EPA should remaining balance of credits would be August 7, 2012 [EPA–457/B–12–001]. not allow Allegheny County to remove held by the state, and EPA’s final action Therein, EPA stated that it could the low-RVP gasoline program from the did not address whether the remaining propose to approve a SIP revision that SIP until it has been shown that the area balance of creditable emission removes or modifies a control measure is able to meet the PM NAAQS 2.5 reductions were forfeited or retained by if there is a basis in the state’s submittal without the additional VOC reductions for concluding that the SIP revision achieved by this rule. Pennsylvania. The commenter requests does not interfere with attainment or Response 4: Section 110(l) of the CAA that EPA clarify whether the remaining maintenance of any NAAQS or prohibits EPA from approving a plan balance of emission reductions are requirements related to reasonable revision ’’ . . . if the revision would retained by Pennsylvania for future use further progress towards attainment of a interfere with any applicable and quantify how many remain and/or NAAQS. Suggested methods listed in requirement concerning attainment and are forfeited, so that there is no future that guidance document for reasonable further progress, . . . or any double counting of these emissions demonstrating noninterference include: other applicable requirement of this reductions. (1) Substitution of new control measures chapter.’’ In this SIP revision, EPA Response 5: EPA received a similar that offset the reductions of the believes that the noninterference comment in response to our proposal to pollutants addressed by the prior plan; demonstration submitted by PADEP for approve removal of PADEP’s 7.8 psi (2) offset of emissions due to excess the entire Pittsburgh-Beaver Valley Area RVP gasoline program from the non- emission reductions not accounted for does show that the small emission Allegheny County portions of the 5 in the current SIP; or (3) emissions increase of VOCs resulting from removal Pittsburgh-Beaver Valley Area. In our increases that are shown not to interfere of the low-RVP gasoline requirement are final December 2018 rulemaking for the with attainment. Pennsylvania has more than offset by reductions in VOC Pittsburgh-Beaver Valley Area 7.8 psi demonstrated that the emission emissions from the shutdown of the RVP program SIP removal action, EPA reductions achieved by the 7.8 low RVP Guardian Glass facility and the adoption clarified that emission reduction from gasoline program have been offset by of new limits on solvents, paints and Guardian Glass closure remained emission reduction measures not adhesive adopted by Pennsylvania. In available. The Guardian Glass facility previously quantified or claimed in the EPA’s guidance on removing stage II permanently ceased operation in August approved SIP, and EPA approved the gasoline vapor recovery controls, EPA 2015 but did not request that potentially Commonwealth’s noninterference lays out several alternative means of demonstration for the entire Pittsburgh- assessing noninterference. Therein, EPA 4 See p. 4, ‘‘Guidance on Removing Stage II Gasoline Vapor Recovery Control Program from Beaver Valley Area as part of our specifically states, ‘‘In evaluating SIPs and Assessing Comparable Measures,’’ (April December 20, 2018 final rule approving whether a given SIP would interfere 7, 2012) [EPA–457/B–12–001]. the Commonwealth’s removal of the with attainment or maintenance, . . . 5 See 83 FR 27901, June 15, 2018.

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creditable emission reductions be program will not interfere with EPA has reviewed the preserved in the emission inventory attainment of the PM2.5 NAAQS, Commonwealth’s noninterference within one year of closure, which is a because VOCs are a precursor to demonstration for this action to remove prerequisite for their use as emission formation of ambient PM2.5. The the 7.8 psi RVP rule from the reduction credits (ERCs) for commenter contends that PADEP Pennsylvania SIP and determined that nonattainment new source review should perform modeling regarding the the provided analysis shows that the (NNSR) purposes under Pennsylvania’s impacts of the removal of the RVP emissions from removal of that rule rules governing that program (25 Pa. requirement, rather than simply have been fully offset by substitute Code 127.207(2)). As a result, the comparing overall emissions increases reductions in VOCs and NOX from other reductions are no longer eligible for and decreases of VOCs. Commenter measures not already in the approved future use as ERCs for NNSR offset claims that the submitted SIP, and this analysis included 7 purposes, but they remain available for noninterference analysis only compares consideration of the PM2.5 NAAQS. other uses. As EPA stated in our the magnitude of emissions reductions EPA believes that it would be December 20, 2018 final rule, because from the 2015 shutdown of the inappropriate to evaluate the removal of these surplus emission reductions no Guardian Industries facility and the ACHD low-RVP rule from the SIP in longer qualify as ERCs under Pa. Code reductions from a regulation for control this action premised upon the potential Chapter 127, Subchapter E, EPA of VOCs from adhesives, sealants, approvability of the County’s proposed believes they do not need to be primers, and solvents, promulgated by Allegheny County PM2.5 attainment memorialized in either a state plan DEP, to the magnitude of the emissions plan, as that plan is currently out for approval, or a SIP revision or emission increases from discontinuation of the public comment by the County and may inventory. The facility’s permits are no low-RVP requirement. The commenter change in response to any comments longer valid, and reactivation of the notes that Allegheny County has received before it is formally submitted facility would be subject to NNSR and continued to be in nonattainment with to EPA as a SIP revision. EPA is not re-permitting. evaluating the adequacy of the state’s the PM standards despite the fact that However, that does not mean that 2.5 separate ongoing efforts to develop an the reductions in emissions relied upon these remaining emission reductions appropriate attainment plan for the 2012 by PADEP’s analysis occurred prior to from closure of this facility have no use. PM NAAQS for the Allegheny County 2016. Commenter believes this 2.5 PADEP reserved the right to request nonattainment area in this action. continued nonattainment despite the consideration of these reductions for Further, the commenter’s concern with future use for other SIP planning reductions from earlier shutdowns and respect to the modeling and monitoring purposes other than NNSR offsets— regulatory changes means the analyses contained in the Department should be looking more potentially as part of a future Commonwealth’s draft PM2.5 attainment demonstration relating to NAAQS closely at local impacts from regulatory plan is not relevant to EPA’s action to planning requirements. Any such future initiatives rather than offsetting remove the 7.8. psi RVP rule from the use would require a SIP revision at that emissions at different locations. SIP, and as such do not warrant time, with a demonstration of the Response 6: EPA is not evaluating the consideration in this final rule. emission reductions viability for use in adequacy of the state’s separate, ongoing Therefore, EPA is not directly any future SIP revision. Although efforts to develop an appropriate addressing the merits of these comments PADEP quantified the remaining attainment area plan for the 2012 PM2.5 in this action and recommends that the reductions that are surplus after NAAQS for the Allegheny County commenter submit its comments to the offsetting removal of the low-RVP nonattainment area in this action. The County during the County’s current gasoline program, the surplus reduction commenter’s concerns with respect to administrative process and also during quantities listed in EPA’s December 20, the modeling and monitoring analyses any future action EPA may take on that 2018 SIP action are not directly contained in the state’s draft PM2.5 plan after the state formally submits the translatable to any future SIP planning attainment plan are not relevant to ultimate plan to EPA as a SIP revision. use. Any future use of the remaining EPA’s action to remove the 7.8. psi RVP ACHD intends to submit to EPA a PM2.5 emission reductions would need to be rule from the SIP, and as such do not attainment plan which will address the reevaluated as part of a subsequent SIP warrant consideration in this final rule. PM2.5 issue. The proper place to action supporting their potential use at As indicated in response to a prior evaluate how to achieve PM2.5 that time for SIP planning purposes. comment, in evaluating whether a SIP attainment is in response to that plan. EPA does not agree that it must revision (e.g., removal of an existing Comment 7: The commenter contends quantify the remaining surplus or the rule from the SIP) would interfere with that PADEPs approach of direct amount that should be forfeited as part attainment or maintenance of a NAAQS, substitution of emissions of pollutants of this action. EPA has clarified its per CAA section 110(l), EPA generally with reductions associated with other position that these reductions can no considers whether the SIP revision will measures is inadequate to ensure that longer be used for NNSR offset purposes allow for an increase in actual emissions there is no increase in ambient pollution under the relevant state rule. EPA in the air over what is allowed under concentrations from such an approach, cannot memorialize the remaining the existing approved SIP, in an attempt and that ambient concentration emission reductions potentially to ensure that the status quo with regard available for future SIP purposes as the to air quality is maintained. The EPA 7 See Table 8 (p. 23) of PADEP’s ‘‘Final State Implementation Plan Revision to Remove reductions must be re-evaluated in the has not required that a state produce a context of the specific SIP action for Pittsburgh-Beaver Valley Area Summertime Low new complete attainment demonstration Reid Vapor Pressure Gasoline Volatility which the Commonwealth wishes to use for every SIP revision, provided that the Requirements and Supporting Noninterference the reductions. status quo air quality is preserved.6 Demonstration Under Section 110(l) of the Clean Comment 6: (EPA–R03–OAR–2019– Air Act’’ dated April 2018, which summarizes 0144–0019) The commenter argues that direct PM2.5 (as well as VOC and NOX) emission 6 See p. 4, ‘‘Guidance on Removing Stage II reductions from offsetting measures. The PADEP EPA and Allegheny County have not Gasoline Vapor Recovery Control Program from noninterference demonstration also discusses the provided an adequate demonstration SIPs and Assessing Comparable Measures,’’ (April Commonwealth’s evaluation of PM2.5 that removal of the low-RVP gasoline 7, 2012) [EPA–457/B–12–001]. noninterference on pp. 25–26 of that document.

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modelling is warranted to ensure Comment 9: Commenter claims the gasoline-standards/state-fuels. The final NAAQS noninterference or other CAA PM2.5 Attainment Demonstration is list of boutique fuels was based on a fuel requirements, such as potential impact flawed because it relies on type approach. CAA section on regional haze. unrepresentative meteorological data 211(c)(4)(C)(v)(III) requires that EPA Response 7: While ambient from the base year 2011 (p.4). remove a fuel from the published list if concentration modeling is necessary for Commenter alleges that the 2011 it is either identical to a Federal fuel or an attainment plan, it is not necessary meteorological data contains the second is removed from the SIP in which it is to demonstrate attainment for purposes lowest number of inversions (134) in a approved. Under the adopted fuel type of amending the SIP to remove a rule. year, which is lower than the typical approach, EPA interpreted this As was discussed in response to a prior number of inversions in the last ten requirement to mean that a fuel would comment, noninterference is the only years (157). Also, commenter states that have to be removed from all states’ SIPs CAA required test for removal of a rule PADEP’s claim that the 2011 data is in which it was approved in order to that is not mandatory under the CAA, more representative of normal years remove the fuel type from the list. (71 nor an applicable Part D measure because the Pittsburgh area has had FR 78195, December 28, 2006). mandated by the law. In demonstrating above normal temperatures and above The 7.8 psi RVP fuel program is a fuel noninterference under CAA 110(l), normal levels of precipitation in ‘‘recent type that is included in EPA’s boutique ambient concentration modeling to years’’ is not supported by the data. fuel list (published at 71 FR 78198, show the impact of the removal of a rule Response 9: As explained above, this December 28, 2006, and maintained is but one possible test of comment concerns the PM2.5 attainment online at: https://www.epa.gov/gasoline- noninterference—albeit not a required demonstration, rather than this SIP standards/state-fuels). Subsequent to one. Direct substitution of other action, and EPA will therefore not the final effective date of EPA’s measures that achieve equivalent address this comment here because it is approval of Pennsylvania’s March 19, emissions reductions to offset the beyond the scope of this rulemaking 2019 SIP revision to remove the ACHD removed measure is an allowable action. rule under Article XXI, EPA will update method of demonstrating CAA 110(l) Comment 10: Commenter claims that the State Fuels and Gasoline Reid Vapor noninterference. future emissions inventories for the Pressure web pages with the effective Comment 8: (EPA–R03–OAR–2019– proposed attainment demonstration may date of the SIP removal. At that time, 0144–0149) The commenter contends not be complete and accurate because the entry for Pennsylvania will be that removal of the low-RVP RVP 7.8 psi compliant fuel was burned deleted from the list of boutique fuels, requirements may affect the control in the past but will not be burned in the because Allegheny County was the final strategy for the PM2.5 attainment future and it is not clear how or whether remaining 7.8 psi RVP program area in demonstration. The commenter claims VOC emissions from the higher RVP the Commonwealth of Pennsylvania. that PADEP should strengthen its fuels that will be burned in the future However, the boutique fuels list will control strategy to reduce are tracked or accounted for in the retain the 7.8 psi RVP fuel type, as this concentrations of fine particulates future emission inventory. Some fuel program type continues to be in presenting harm to individuals rather stationary sources have stored fuel with other state SIPs. than finessing attainment by ignoring varying RVP, ranging from 7 psi to 13 data at the Liberty monitor through mis- psi. See Appendix D (Emissions VI. Final Action and Effective Date interpretation of an EPA guidance Inventories) to Proposed Attainment A. Final Action document. Among other things, that Demonstration. At a minimum, there is control strategy could include the a factual question regarding the degree EPA is approving Pennsylvania’s continuation of the RVP requirements, to which the removal of the RVP March 19, 2019 SIP revision requesting depending on the results of a proper requirements will affect the formation of the removal of ACHD’s 7.8 psi RVP factual analysis. fine particulates. summer gasoline program for Allegheny Response 8: EPA believes that this Response 10: Because this comment is County (under Article XXI of the Rules comment should be addressed to questioning how the removal of low- and Regulations of the Allegheny ACHD’s proposed attainment plan for RVP fuel will affect the emissions County Health Department; amended the 2012 PM2.5 NAAQS for Allegheny inventory for the PM2.5 attainment February 21, 2019, effective March 3, County, rather than to this action to demonstration, EPA believes it should 2019) from the Pennsylvania SIP. Our remove the ACHD low-RVP measure be submitted as a comment on that plan. approval of the March 19, 2019 SIP from the SIP. The PM2.5 attainment plan EPA believes it would be more revision is being taken in accordance is currently undergoing the County’s appropriate to respond to this comment, with CAA requirements in section 110. public comment process and has not yet if submitted as a comment on any action B. Notice of Effective Date been formally submitted to EPA as a SIP EPA proposes on ACHD’s PM2.5 revision. As such, this comment should attainment plan, in the context of Section 553(d) of the Administrative be submitted during ACHD’s public responding to comments on that plan. Procedure Act (APA), 5 U.S.C. Chapter comment period for the PM2.5 5, generally provides that rules may not attainment plan. Concerns raised by the V. Impacts on the Boutique Fuels List take effect earlier than 30 days after they commenter with respect to whether the Section 1541(b) of the Energy Policy are published in the Federal Register. area has actually attained the PM2.5 Act of 2005 required EPA, in EPA is issuing this final rule under CAA standard or done so in a timely manner, consultation with the U.S. Department section 307(d)(1) which states: ‘‘The or whether ACHD has followed EPA of Energy, to determine the number of provisions of section 553 through 557 guidance related to the monitoring or fuels programs approved into all SIPs as . . . of Title 5 shall not, except as modeling analyses that underlie that of September 1, 2004 and to publish a expressly provided in this subsection, demonstration, are not relevant to EPA’s list of such fuels. On December 28, 2006 apply to actions to which this current action regarding whether to (71 FR 78192), EPA published the list of subsection applies.’’ Thus, section approve the Commonwealth’s request boutique fuels. EPA maintains the 553(d) of the APA does not apply to this for removal the 7.8. psi RVP gasoline current list of boutique fuel programs on rule. EPA is nevertheless acting rule from the SIP. its website at: https://www.epa.gov/ consistently with the policies

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underlying APA section 553(d) in October 4, 1993) and 13563 (76 FR 3821, the Comptroller General of the United making this rule effective on July 5, January 21, 2011); States prior to publication of the rule in 2019. APA section 553(d) allows an • Is not an Executive Order 13771 (82 the Federal Register. A major rule effective date less than 30 days after FR 9339, February 2, 2017) regulatory cannot take effect until 60 days after it publication for a rule ‘‘that grants or action because SIP approvals are is published in the Federal Register. recognizes an exemption or relieves a exempted under Executive Order 12866. • This action is not a ‘‘major rule’’ as restriction.’’ 5 U.S.C. 553(d)(1). This Does not impose an information defined by 5 U.S.C. 804(2). rule fits within that exception because collection burden under the provisions it lifts a restriction on the introduction of the Paperwork Reduction Act (44 C. Petitions for Judicial Review into commerce of gasoline with an RVP U.S.C. 3501 et seq.); Under section 307(b)(1) of the CAA, of greater than 7.8 psi sold in Allegheny • Is certified as not having a County, Pennsylvania between June 1 significant economic impact on a petitions for judicial review of this and September 15 of each year. Because substantial number of small entities action must be filed in the United States ACHD adopted this rule in February under the Regulatory Flexibility Act (5 Court of Appeals for the appropriate 2019 (just prior to the commencement of U.S.C. 601 et seq.); circuit by September 3, 2019. Filing a • the May 1 regulatory compliance Does not contain any unfunded petition for reconsideration by the deadline requiring use of low-RVP fuel mandate or significantly or uniquely Administrator of this final rule does not in the Summer 2019 fuel season) and affect small governments, as described affect the finality of this action for the then submitted the rule to EPA in March in the Unfunded Mandates Reform Act purposes of judicial review nor does it of 1995 (Pub. L. 104–4); extend the time within which a petition 2019, EPA’s final action will coincide • with the summer low-RVP compliance Does not have federalism for judicial review may be filed, and period, resulting in supply chain implications as specified in Executive shall not postpone the effectiveness of uncertainty for affected gasoline Order 13132 (64 FR 43255, August 10, such rule or action. refining, distribution, and retail 1999); • Is not an economically significant This action to approve Pennsylvania’s industries. Additionally, the effective request for removal of summer season date for ACHD’s revocation of the low- regulatory action based on health or safety risks subject to Executive Order 7.8 psi RVP gasoline requirements for RVP gasoline requirement is based upon Allegheny County from the SIP may not EPA’s final rulemaking effective date, 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action be challenged later in proceedings to creating further industry uncertainty subject to Executive Order 13211 (66 FR enforce its requirements. (See section with respect to regulatory compliance in 28355, May 22, 2001); 307(b)(2).) the time prior to EPA’s final rule • Is not subject to requirements of effective date. Therefore, this action can Section 12(d) of the National List of Subjects in 40 CFR Part 52 be considered to relieve a restriction Technology Transfer and Advancement that would otherwise prevent the Environmental protection, Air Act of 1995 (15 U.S.C. 272 note) because introduction into commerce of gasoline pollution control, Carbon monoxide, application of those requirements would with an RVP of greater than 7.8 psi. By Incorporation by reference, Nitrogen be inconsistent with the CAA; and dioxide, Ozone, Particulate matter, setting the effective date of this action • Does not provide EPA with the Reporting and recordkeeping to the date of final rule publication, EPA discretionary authority to address, as requirements, Sulfur oxides, Volatile could alleviate potential supply appropriate, disproportionate human organic compounds. disruption that might occur due to the health or environmental effects, using timing of this action during the 2019 practicable and legally permissible Dated: June 24, 2019. summer fuel control season. Therefore, methods, under Executive Order 12898 Cosmo Servidio, EPA is making this action to remove the (59 FR 7629, February 16, 1994). Regional Administrator, Region III. Allegheny County program from the In addition, this rule does not have Pennsylvania SIP effective on July 5, tribal implications as specified by 40 CFR part 52 is amended as follows: 2019. Executive Order 13175 (65 FR 67249, VII. Statutory and Executive Order November 9, 2000), because the SIP is PART 52—APPROVAL AND Reviews not approved to apply in Indian country PROMULGATION OF located in the state, and EPA notes that IMPLEMENTATION PLANS A. General Requirements it will not impose substantial direct Under the CAA, the Administrator is costs on tribal governments or preempt ■ 1. The authority citation for part 52 required to approve a SIP submission tribal law. continues to read as follows: that complies with the provisions of the Authority: 42 U.S.C. 7401 et seq. CAA and applicable Federal regulations. B. Submission to Congress and the Comptroller General 42 U.S.C. 7410(k); 40 CFR 52.02(a). Subpart NN—Pennsylvania Thus, in reviewing SIP submissions, The Congressional Review Act, 5 EPA’s role is to approve state choices, U.S.C. 801 et seq., as added by the Small § 52.2020 [Amended] provided they meet the criteria of the Business Regulatory Enforcement CAA. Accordingly, this action merely Fairness Act of 1996, generally provides ■ 2. In § 52.2020, the table in paragraph approves state law as meeting Federal that before a rule may take effect, the (c)(2) is amended by removing: requirements and does not impose agency promulgating the rule must ■ a. The subheading entitled ‘‘Subpart additional requirements beyond those submit a rule report, which includes a 9—Transportation Related Sources’’ and imposed by state law. For that reason, copy of the rule, to each House of the the entry ‘‘2105.90’’; and Congress and to the Comptroller General this action: ■ • Is not a ‘‘significant regulatory of the United States. EPA will submit a b. Under ‘‘Part G—Methods’’ the entry action’’ subject to review by the Office report containing this action and other ‘‘2107.15’’. of Management and Budget under required information to the U.S. Senate, [FR Doc. 2019–14258 Filed 7–3–19; 8:45 am] Executive Orders 12866 (58 FR 51735, the U.S. House of Representatives, and BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Instructions: All submissions received etc.) must be accompanied by a written AGENCY must include the Docket ID No. for this comment. The written comment is rulemaking. Comments received may be considered the official comment and 40 CFR Part 60 posted without change to https:// should include discussion of all points [EPA–HQ–OAR–2018–0851; FRL–9992–21– www.regulations.gov/, including any you wish to make. The EPA will OAR] personal information provided. For generally not consider comments or detailed instructions on sending comment contents located outside of the RIN 2060–AU27 comments and additional information primary submission (i.e., on the web, cloud, or other file sharing system). For Standards of Performance for on the rulemaking process, see the additional submission methods, the full Stationary Compression Ignition SUPPLEMENTARY INFORMATION section of EPA public comment policy, Internal Combustion Engines this document. FOR FURTHER INFORMATION CONTACT: For information about CBI or multimedia AGENCY: Environmental Protection questions about this action, contact submissions, and general guidance on Agency (EPA). Melanie King, Sector Policies and making effective comments, please visit ACTION: Direct final rule. Programs Division (D243–01), Office of https://www.epa.gov/dockets/ Air Quality Planning and Standards, commenting-epa-dockets. SUMMARY: The U.S. Environmental U.S. Environmental Protection Agency, The https://www.regulations.gov/ Protection Agency (EPA) is taking direct Research Triangle Park, North Carolina website allows you to submit your final action to promulgate amendments 27711; telephone number: (919) 541– comment anonymously, which means to the Standards of Performance for 2469; fax number: (919) 541–4991; and the EPA will not know your identity or Stationary Compression Ignition email address: [email protected]. contact information unless you provide Internal Combustion Engines. This it in the body of your comment. If you direct final action revises the emission SUPPLEMENTARY INFORMATION: Docket. send an email comment directly to the standards for particulate matter (PM) for The EPA has established a docket for EPA without going through https:// new stationary compression ignition this rulemaking under Docket ID No. www.regulations.gov/, your email (CI) engines located in remote areas of EPA–HQ–OAR–2018–0851. All address will be automatically captured Alaska. documents in the docket are listed in and included as part of the comment DATES: The direct final rule is effective Regulations.gov. Although listed, some that is placed in the public docket and on October 3, 2019, without further information is not publicly available, made available on the internet. If you notice, unless the EPA receives e.g., Confidential Business Information submit an electronic comment, the EPA significant adverse written comment by (CBI) or other information whose recommends that you include your August 5, 2019 on the amendments, or disclosure is restricted by statute. name and other contact information in if a public hearing is requested by July Certain other material, such as the body of your comment and with any 10, 2019. If significant adverse copyrighted material, is not placed on digital storage media you submit. If the comments are received on any or all of the internet and will be publicly EPA cannot read your comment due to the amendments, the EPA will publish available only in hard copy. Publicly technical difficulties and cannot contact a timely withdrawal in the Federal available docket materials are available you for clarification, the EPA may not Register clarifying which provisions either electronically in Regulations.gov be able to consider your comment. will become effective and which or in hard copy at the EPA Docket Electronic files should not include provisions are being withdrawn due to Center, Room 3334, WJC West Building, special characters or any form of adverse comment. 1301 Constitution Avenue NW, encryption and be free of any defects or ADDRESSES: You may send comments, Washington, DC. The Public Reading viruses. For additional information identified by Docket ID No. EPA–HQ– Room is open from 8:30 a.m. to 4:30 about the EPA’s public docket, visit the OAR–2018–0851, by any of the p.m., Monday through Friday, excluding EPA Docket Center homepage at https:// following methods: legal holidays. The telephone number www.epa.gov/dockets. • Federal eRulemaking Portal: for the Public Reading Room is (202) Submitting CBI. Do not submit https://www.regulations.gov/ (our 566–1744, and the telephone number for information containing CBI to the EPA preferred method). Follow the online the EPA Docket Center is (202) 566– through https://www.regulations.gov/ or instructions for submitting comments. 1742. email. Clearly mark the part or all of the • Email: [email protected]. Instructions. Direct your comments to information that you claim to be CBI. Include Docket ID No. EPA–HQ–OAR– Docket ID No. EPA–HQ–OAR–2018– For CBI information on any digital 2018–0851 in the subject line of the 0851. The EPA’s policy is that all storage media that you mail to the EPA, message. comments received will be included in mark the outside of the digital storage • Fax: (202) 566–9744. Attention the public docket without change and media as CBI and then identify Docket ID No. EPA–HQ–OAR–2018– may be made available online at https:// electronically within the digital storage 0851. www.regulations.gov/, including any media the specific information that is • Mail: U.S. Environmental personal information provided, unless claimed as CBI. In addition to one Protection Agency, EPA Docket Center, the comment includes information complete version of the comments that Docket ID No. EPA–HQ–OAR–2018– claimed to be CBI or other information includes information claimed as CBI, 0851, Mail Code 28221T, 1200 whose disclosure is restricted by statute. you must submit a copy of the Pennsylvania Avenue NW, Washington, Do not submit information that you comments that does not contain the DC 20460. consider to be CBI or otherwise information claimed as CBI directly to • Hand/Courier Delivery: EPA Docket protected through https:// the public docket through the Center, WJC West Building, Room 3334, www.regulations.gov/ or email. This procedures outlined in Instructions 1301 Constitution Avenue NW, type of information should be submitted above. If you submit any digital storage Washington, DC 20004. The Docket by mail as discussed below. media that does not contain CBI, mark Center’s hours of operation are 8:30 The EPA may publish any comment the outside of the digital storage media a.m.–4:30 p.m., Monday–Friday (except received to its public docket. clearly that it does not contain CBI. Federal holidays). Multimedia submissions (audio, video, Information not marked as CBI will be

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included in the public docket and the the EPA receives significant adverse 2011 rulemaking, the remote EPA’s electronic public docket without comment on all or a distinct portion of communities in Alaska rely almost prior notice. Information marked as CBI this direct final rule, we will publish a exclusively on diesel engines for will not be disclosed except in timely withdrawal in the Federal electricity and heat and these engines accordance with procedures set forth in Register informing the public that some need to be in working condition, 40 Code of Federal Regulations (CFR) or all of this direct final rule will not particularly in the winter. These part 2. Send or deliver information take effect. We would address all public communities are scattered over long identified as CBI only to the following comments in any subsequent final rule distances in remote areas and are not address: OAQPS Document Control based on the proposed rule. connected to population centers by road and/or power grid. Most of these Officer (C404–02), OAQPS, U.S. II. Background and Final Rule Environmental Protection Agency, communities are located in the most Research Triangle Park, North Carolina On July 11, 2006, the EPA severe arctic environments in the 27711, Attention Docket ID No. EPA– promulgated Standards of Performance United States. The costs for acquisition, HQ–OAR–2018–0851. for Stationary Compression Ignition operation, and maintenance of SCR Organization of this document. The Internal Combustion Engines (71 FR aftertreatment controls are greater than information in this preamble is 39154). These standards, known as new for engines located elsewhere in the organized as follows: source performance standards (NSPS), United States due to the remote location implement section 111(b) of the Clean and severe arctic climate of the villages. I. General Information Air Act. The standards apply to new II. Background and Final Rule The aftertreatment controls had not III. Impacts of the Final Rule stationary sources of emissions, i.e., been tested in remote arctic climates, IV. Statutory and Executive Order Reviews sources whose construction, and engine owners and operates were A. Executive Order 12866: Regulatory reconstruction, or modification begins concerned that there could be Planning and Review and Executive after a standard for those sources is operational problems with the SCR Order 13563: Improving Regulation and proposed. The NSPS for Stationary CI aftertreatment systems in the remote Regulatory Review Internal Combustion Engines B. Executive Order 13771: Reducing arctic climates that could prevent established limits on emissions of PM, stationary CI engines from functioning Regulation and Controlling Regulatory nitrogen oxides (NO ), carbon Costs X properly, especially since the majority C. Paperwork Reduction Act (PRA) monoxide (CO) and non-methane of small power plants in remote areas D. Regulatory Flexibility Act (RFA) hydrocarbons (NMHC). The emission are unstaffed. Given these concerns and E. Unfunded Mandates Reform Act standards are generally modeled after the higher costs for SCR aftertreatment (UMRA) the EPA’s standards for nonroad and systems in the remote areas, the EPA F. Executive Order 13132: Federalism marine diesel engines. The emission determined in the 2011 Amendments G. Executive Order 13175: Consultation standards are phased in over several and Coordination With Indian Tribal that it would not be appropriate to years and have Tiers with increasing require new stationary CI engines in Governments levels of stringency, with Tier 4 as the H. Executive Order 13045: Protection of remote areas of Alaska to meet emission Children From Environmental Health most stringent level. The engine model standards for NO , CO, and NMHC that year in which the Tiers take effect varies X Risks and Safety Risks are based on the use of SCR for different size ranges of engines. The I. Executive Order 13211: Actions aftertreatment devices. Concerning Regulations That Tier 4 final standards for new stationary For PM, the 2011 Amendments Significantly Affect Energy Supply, non-emergency and nonroad CI engines specified that stationary CI engines Distribution, or Use generally began with either the 2014 or J. National Technology Transfer and located in remote areas of Alaska would 2015 model year. The standards are not have to meet emission standards Advancement Act (NTTAA) codified at 40 CFR part 60, subpart IIII. K. Executive Order 12898: Federal Actions that would necessitate the use of In 2011, the EPA finalized revisions to To Address Environmental Justice in aftertreatment devices until the 2014 the NSPS for Stationary CI Engines (the Minority Populations and Low-Income model year. The aftertreatment ‘‘2011 Amendments’’) that amended the Populations technology that was expected to be used standards for engines located in remote L. Congressional Review Act (CRA) to meet the PM standards is a diesel areas of Alaska (76 FR 37954). The 2011 particulate filter (DPF). The EPA I. General Information Amendments allowed owners and expected that providing additional time The EPA is publishing this direct final operators of stationary CI engines to gain experience with use of DPFs rule without a prior proposed rule located in remote areas of Alaska to use would alleviate some of the concerns because we view this as a engines certified to marine engine associated with feasibility and costs of noncontroversial action and do not standards, rather than land-based installing and operating DPFs in remote anticipate significant adverse comment. nonroad engine standards. The 2011 villages. In a letter to the EPA However, in the ‘‘Proposed Rules’’ Amendments also removed the Administrator dated December 20, 2017, section of this Federal Register, we are requirements to meet Tier 4 emission Governor Bill Walker of Alaska publishing a separate document that standards for NO , CO, and NMHC that X requested that the EPA rescind the PM will serve as the proposed rule to amend would necessitate the use of selective emission standards based on the Standards of Performance for catalytic reduction (SCR) aftertreatment aftertreatment for 2014 model year and Stationary Compression Ignition devices in light of issues associated with later stationary CI engines in remote Internal Combustion Engines, if the EPA supply, storage, and use of the necessary receives significant adverse comments chemical reductant (usually urea) in 1 operation is within an isolated grid in Alaska that on this direct final rule. EPA does not remote Alaska. As discussed in the is not connected to the statewide electrical grid intend to institute a second comment referred to as the Alaska Railbelt Grid; (2) at least period on this action. Any parties 1 Remote areas of Alaska are defined in the 10 percent of the power generated by the stationary interested in commenting must do so at Stationary CI Engine NSPS as those that either are CI engine on an annual basis is used for residential not accessible by the Federal Aid Highway System purposes; and (3) the generating capacity of the this time. For further information about (FAHS), or meet all of the following criteria: (1) The source is less than 12 megawatts, or the stationary commenting on this rule, see the only connection to the FAHS is through the Alaska CI engine is used exclusively for backup power for ADDRESSES section of this document. If Marine Highway System, or the stationary CI engine renewable energy.

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areas of Alaska. The letter stated that it and repair are much higher than for the likelihood of problems occuring that is difficult to operate and maintain PM engines located elsewhere in the United could cause the engine to shut down. As aftertreatment controls on stationary CI States due to the remote location and stated previously, the engines are engines in remote areas of Alaska severe arctic climate. Technicians must generally used for heating in the because of cost, complexity, and travel to the remote areas for service and villages, so unexpected engine unreliability. According to the letter, repairs, and travel costs for technicians shutdowns could cause life safety utilities in remote areas have been and shipping costs for parts are much issues. Providers of engines and installing used, remanufactured, and higher than in other areas. Information emission controls in Alaska noted that rebuilt pre-2014 model year engines in provided by the AEA indicated that they have experienced operational the remote areas to avoid the travel costs can include chartering issues with nonroad and stationary Tier requirement to use PM aftertreatment, aircraft and can be approximately 4 engines with DPFs in other areas of instead of installing new engines that $3,000–$4,000 per trip, in addition to Alaska, even when the controls were meet the Tier 3 marine engine daily labor costs.2 The travel time can integrated with the engine by the standards. The EPA’s expectation that range from 25 to 99 percent of the total original equipment manufacturer. For experience with use of DPFs would labor invested in a job.3 In addition to example, one provider noted that he alleviate feasibility and cost concerns increased maintenance costs, a control serviced two Tier 4 engines that was not realized and the requirement device vendor indicated that costs for required numerous service calls and the that 2014 model year and later engines DPF installation on an engine in remote addition of a parasitic load bank to use DPFs had in fact resulted in use of areas of Alaska can be more than double maintain exhaust temperatures high older engines. The letter indicated that the costs for an engine in Texas.4 The enough for DPF regeneration, which new engines certified to the Tier 3 remote communities also have a increased fuel consumption and marine engine standards are notably shortage of operators who are trained for operating costs.6 Another provider cleaner than the non-certified engines the DPF equipment. Typically, the filter stated that they sold a number of currently in use in remote areas of element must be periodically removed nonroad Tier 4 engines equipped with Alaska, due to advances in diesel engine and the accumulated ash must be DPFs that met extensive factory tests for electronic fuel injection and electronic cleaned from the filter and captured. reliability and durability, but governors. The AEA indicates that few experienced numerous problems with After receiving the letter from communities have the technical regeneration of the DPF once they were Governor Walker, the EPA contacted the capacity to perform the necessary in-use by operators.7 Alaska Department of Environmental cleaning procedures for DPFs. Another After considering all of the Conservation and the Alaska Energy concern related to the remote location is information provided, including the Authority (AEA) to obtain more the difficulty and expense associated information provided on the lack of information about the issues described with proper disposal of the ash experience with the use of DPFs on in the letter. In particular, the EPA collected by the DPF and used filters in engines in remote areas of Alaska, the asked for information regarding the hazardous waste disposal facilities. The potential for operational issues, and the state’s concerns about the cost, ash can contain metallic oxides which higher costs, the EPA has determined complexity, and reliability of DPFs, as are hazardous to the environment or to that such use of DPFs is not adequately expressed in Governor Walker’s letter. public health.5 demonstrated and is revising the The EPA also asked for information on According to the AEA, experience provision in 40 CFR 60.4216 for 2014 the number of stationary CI engines that with the use of DPFs in remote areas of model year and later stationary CI are installed in remote areas of Alaska Alaska is very limited. The AEA was engines in remote areas of Alaska. The each year and whether any stationary CI aware of only one remote community EPA is amending the provision to engines with DPFs were currently that has installed DPFs on two engines specify that 2014 model year and later operating in the remote areas. The AEA in a power plant. The DPFs were stationary CI engines in remote areas of indicated that owners and operators of installed in April 2018, so there has not Alaska must be certified to Tier 3 p.m. engines in rural communities have been been experience with the long-term standards. The EPA has determined that delaying replacement of older engines operation of the engines and DPFs. The the Tier 3 standards reflect the best because of the cost and concerns about AEA noted that rather than having the system of emission reduction that has having to install new engines with emission controls integrated with the been adequately demonstrated. The Tier DPFs. As stated in Governor Walker’s certified engine, as is typical for Tier 4 3 standards will limit emissions of PM letter, the communities are using rebuilt engines, the remote communities will to levels significantly below those of the older engines rather than installing new have to purchase Tier 3 marine certified older uncertified engines currently in marine Tier 3 engines that would be engines and equip the engines with use in many of the remote communities. lower-emitting and more efficient. DPFs that may come from third parties As noted previously, the communities and are not integrated into the engine’s III. Impacts of the Final Rule in remote areas of Alaska are not computer system, which may increase A detailed discussion of the impacts accessible by the Federal Aid Highway of these amendments can be found in System and/or not connected to the 2 Letter from Ben Hopkins, General Manager the Impacts of the Amendments to the statewide electrical grid referred to as Kaktovik Enterprises LLC to Janet Reiser, Executive NSPS for Stationary Compression the Alaska Railbelt Grid. They are Director, Alaska Energy Authority, June 11, 2018. Ignition Internal Combustion Engines isolated and most are located in the Available in the rulemaking docket. 3 Letter from Bill Mossey, President, Pacific memorandum, which is available in the most severe arctic environments in the Power Group to Janet Reiser, Executive Director, United States. It is critical for the AEA. August 10, 2018. Available in the rulemaking 6 Summary of April 17, 2018, meeting between engines in the communities to remain in docket. the EPA and the AEA to discuss Governor Walker’s working order since the engines are 4 Email from Marc Rost, Johnson Matthey to request for regulatory relief. Available in the used for electricity and heating. Melanie King, U.S. EPA. Estimated DPF Capital and rulemaking docket. Operating Costs. November 19, 2018. 7 Letter from Bill Mossey, President, Pacific Information provided by the AEA and 5 Technical Bulletin on Diesel Particulate Filter Power Group to Janet Reiser, Executive Director, engine dealers indicates that costs for Ash Disposal. EPA National Clean Diesel Campaign. AEA. August 10, 2018. Available in the rulemaking engine and control device maintenance EPA–420–F–09–010. February 2009. docket.

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docket for this action. In the original indefinite time period after D. Regulatory Flexibility Act (RFA) 2006 rulemaking, the EPA assumed that promulgation for their calculation. I certify that this action will not have even in the absence of the NSPS, Note that the AEA has indicated that a significant economic impact on a emissions from stationary engines owners and operators of engines in substantial number of small entities would be reduced to the same emission remote communities have been delaying under the RFA. In making this levels as nonroad engines through Tier replacement of older engines because of determination, the impact of concern is 3, since engine manufacturers the cost and concerns about having to any significant adverse economic frequently use the same engine in both install new engines with DPFs. Thus, impact on small entities. An agency may nonroad and stationary applications. the costs and additional PM emission certify that a rule will not have a Emission reductions and costs were reductions from engines installed in significant economic impact on a only estimated for the difference 2014 and later have not been occurring substantial number of small entities if between compliance with the Tier 3 as expected when the rule was the rule relieves regulatory burden, has standard and compliance with the Tier originally issued in 2006. According to no net burden, or otherwise has a 4 standard in the original rulemaking.8 the AEA, if these amendments are not positive economic effect on the small Using a similar assumption, the finalized, the remote communities will entities subject to the rule. This action foregone PM reductions and costs from likely continue delaying replacement of reduces the impact of the rule on owners and operators of stationary CI these amendments are calculated based older engines, and will not receive the engines located in remote areas of on the difference in emissions between benefits of the reduced PM emissions Alaska. We have, therefore, concluded the engines that are expected to be used that will occur if the older engines are that this action will relieve regulatory once these amendments are finalized, replaced by new Tier 3 engines. which are Tier 3 marine engines, and burden for all directly regulated small Replacing an older engine with an entities. the engines currently required by the engine meeting the Tier 3 marine regulations (known as the baseline), emission standard results in a E. Unfunded Mandates Reform Act which are Tier 3 engines (either significant reduction in PM emissions (UMRA) nonroad or marine) with a DPF. If the compared to the Tier 0 engine This action does not contain an baseline is assumed to be a Tier 3 emissions. For example, for a 238 unfunded mandate of $100 million or nonroad engine with a DPF, then the horsepower engine, PM emissions from more as described in UMRA, 2 U.S.C. foregone PM reductions based on the a Tier 3 marine engine are reduced by 1531–1538, and does not significantly or difference between a Tier 3 marine 80 percent from a Tier 0 nonroad uniquely affect small governments. The engine and a Tier 3 nonroad engine with engine. action imposes no enforceable duty on a DPF are 5.3 tons per year in the first any state, local, or tribal governments or IV. Statutory and Executive Order year after the amendments. In the fifth the private sector. year after the amendments, the foregone Reviews F. Executive Order 13132: Federalism PM reductions would be 27 tons of PM Additional information about these per year, assuming the number of new statutes and Executive Orders can be This action does not have federalism implications. It will not have substantial engines installed each year remains found at https://www.epa.gov/laws- direct effects on the states, on the constant. If the baseline is assumed to regulations/laws-and-executive-orders. be Tier 3 marine with DPF, the relationship between the national difference between the Tier 3 marine A. Executive Order 12866: Regulatory government and the states, or on the emissions and the Tier 3 marine with Planning and Review and Executive distribution of power and DPF emissions is 6.6 tons of PM per Order 13563: Improving Regulation and responsibilities among the various year in the first year and 33 tons of PM Regulatory Review levels of government. in the fifth year. The cost savings in the G. Executive Order 13175: Consultation fifth year after the amendments are This action is not a significant regulatory action and was, therefore, not and Coordination With Indian Tribal estimated to be approximately $8.0 Governments million (2017 dollars). We also show the submitted to the Office of Management cost savings using a present value (PV) and Budget (OMB) for review. This action does not have tribal implications as specified in Executive in adherence to Executive Order 13771. B. Executive Order 13771: Reducing The PV of the cost savings is estimated Order 13175. While some Native Regulation and Controlling Regulatory Alaskan tribes and villages could be in 2016 dollars as $322.9 million at a Costs discount rate of 3 percent and $111.2 impacted by this amendment, this rule million at a discount rate of 7 percent. This action is considered an would reduce the compliance costs for Finally, the annualized cost savings Executive Order 13771 deregulatory owners and operators of stationary CI over time can be shown as an equivalent action. Details on the estimated cost engines in remote areas of Alaska. Thus, annualized value (EAV), a value savings of this final rule can be found Executive Order 13175 does not apply to this action. calculated consistent with the PV. The in the EPA’s analysis of the potential EAV of the cost savings is estimated in costs and benefits associated with this H. Executive Order 13045: Protection of 2016 dollars as $9.7 million at a action. Children From Environmental Health discount rate of 3 percent and $7.8 Risks and Safety Risks C. Paperwork Reduction Act (PRA) million at a discount rate of 7 percent. The EPA interprets Executive Order All of these PV and EAV estimates are This action does not impose any new 13045 as applying only to those discounted to 2016 and assume an information collection burden under the regulatory actions that concern PRA. OMB has previously approved the environmental health or safety risks that 8 Emission Reduction Associated with NSPS for information collection activities the EPA has reason to believe may Stationary CI ICE. Memorandum from Tanya Parise, contained in the existing regulations disproportionately affect children, per Alpha-Gamma Technologies, Inc. to Jaime Paga´n, EPA Energy Strategies Group. May 19, 2006. and has assigned OMB control number the definition of ‘‘covered regulatory Document EPA–HQ–OAR–2005–0029–0288. 2060–0590. action’’ in section 2–202 of the

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Executive Order. This action is not Subpart IIII—Standards of Performance available at https://www.regulations.gov subject to Executive Order 13045 for Stationary Compression Ignition or at the Office of Pesticide Programs because it does not concern an Internal Combustion Engines Regulatory Public Docket (OPP Docket) environmental health risk or safety risk. in the Environmental Protection Agency ■ 2. Section 60.4216 is amended by Docket Center (EPA/DC), West William I. Executive Order 13211: Actions revising paragraph (c) to read as follows: Jefferson Clinton Bldg., Rm. 3334, 1301 Concerning Regulations That Constitution Ave. NW, Washington, DC Significantly Affect Energy Supply, § 60.4216 What requirements must I meet 20460–0001. The Public Reading Room Distribution, or Use for engines used in Alaska? is open from 8:30 a.m. to 4:30 p.m., * * * * * This action is not subject to Executive (c) Manufacturers, owners, and Monday through Friday, excluding legal Order 13211, because it is not a operators of stationary CI ICE that are holidays. The telephone number for the significant regulatory action under located in remote areas of Alaska may Public Reading Room is (202) 566–1744, Executive Order 12866. choose to meet the applicable emission and the telephone number for the OPP standards for emergency engines in Docket is (703) 305–5805. Please review J. National Technology Transfer and the visitor instructions and additional Advancement Act (NTTAA) §§ 60.4202 and 60.4205, and not those for non-emergency engines in information about the docket available This rulemaking does not involve §§ 60.4201 and 60.4204, except that for at https://www.epa.gov/dockets. technical standards. 2014 model year and later non- FOR FURTHER INFORMATION CONTACT: emergency CI ICE, the owner or operator Michael Goodis, Registration Division K. Executive Order 12898: Federal of any such engine must have that (7505P), Office of Pesticide Programs, Actions To Address Environmental engine certified as meeting at least Tier Environmental Protection Agency, 1200 Justice in Minority Populations and 3 p.m. standards. Pennsylvania Ave. NW, Washington, DC Low-Income Populations 20460–0001; main telephone number: * * * * * (703) 305–7090; email address: While some Native Alaskan tribes and [FR Doc. 2019–14372 Filed 7–3–19; 8:45 am] [email protected]. villages could be impacted by this BILLING CODE 6560–50–P amendment, the EPA believes that this SUPPLEMENTARY INFORMATION: action does not have disproportionately I. General Information high and adverse human health or ENVIRONMENTAL PROTECTION environmental effects on minority AGENCY A. Does this action apply to me? populations, low-income populations You may be potentially affected by 40 CFR Part 180 and/or indigenous peoples, as specified this action if you are an agricultural in Executive Order 12898 (59 FR 7629, [EPA–HQ–OPP–2019–0186; FRL–9994–37] producer, food manufacturer, or February 16, 1994). The amendments pesticide manufacturer. The following will not have a significant effect on Indoxacarb; Pesticide Tolerances for list of North American Industrial emissions and will likely remove Emergency Exemptions Classification System (NAICS) codes is barriers to the installation of new, lower AGENCY: Environmental Protection not intended to be exhaustive, but rather emission engines in remote Agency (EPA). provides a guide to help readers communities. determine whether this document ACTION: Final rule. applies to them. Potentially affected L. Congressional Review Act (CRA) SUMMARY: This regulation establishes entities may include: • This action is subject to the CRA, and time-limited tolerances for residues of Crop production (NAICS code 111). • the EPA will submit a rule report to indoxacarb in or on grass forage and Animal production (NAICS code grass hay. This action is in response to 112). each House of the Congress and to the • Comptroller General of the United EPA’s granting of an emergency Food manufacturing (NAICS code exemption under the Federal 311). States. This action is not a ‘‘major rule’’ • as defined by 5 U.S.C. 804(2). Insecticide, Fungicide, and Rodenticide Pesticide manufacturing (NAICS Act (FIFRA) authorizing use of the code 32532). List of Subjects in 40 CFR Part 60 pesticide on mixed stands of alfalfa and B. How can I get electronic access to Environmental protection, grasses. Tolerances are already other related information? Administrative practice and procedure, established for residues of indoxacarb in/on alfalfa forage and alfalfa hay and You may access a frequently updated Air pollution control, Reporting and electronic version of 40 CFR part 180 recordkeeping requirements. this regulation establishes maximum permissible levels for residues of through the Government Printing Dated: June 27, 2019. indoxacarb in or on grass forage and Office’s e-CFR site at https:// Andrew R. Wheeler, www.ecfr.gov/cgi-bin/text-idx?& grass hay. The time-limited tolerances _ Administrator. expire on December 31, 2022. c=ecfr&tpl=/ecfrbrowse/Title40/40tab 02.tpl. For the reasons set forth in the DATES: This regulation is effective July preamble, 40 CFR part 60 is amended as 5, 2019. Objections and requests for C. How can I file an objection or hearing follows: hearings must be received on or before request? September 3, 2019 and must be filed in Under section 408(g) of the Federal PART 60—STANDARDS OF accordance with the instructions Food, Drug, and Cosmetic Act (FFDCA), PERFORMANCE FOR NEW provided in 40 CFR part 178 (see also 21 U.S.C. 346a, any person may file an STATIONARY SOURCES Unit I.C. of the SUPPLEMENTARY objection to any aspect of this regulation INFORMATION). and may also request a hearing on those ■ 1. The authority citation for part 60 ADDRESSES: The docket for this action, objections. You must file your objection continues to read as follows: identified by docket identification (ID) or request a hearing on this regulation Authority: 42 U.S.C. 7401 et seq. number EPA–HQ–OPP–2019–0186, is in accordance with the instructions

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provided in 40 CFR part 178. To ensure Section 408(l)(6) of FFDCA requires without a suitable pesticide control, proper receipt by EPA, you must EPA to establish a time-limited significant losses were expected due to identify docket ID number EPA–HQ– tolerance or exemption from the yield and quality decreases. Indoxacarb OPP–2019–0186 in the subject line on requirement for a tolerance for pesticide is registered for use in alfalfa but not for the first page of your submission. All chemical residues in food that will grasses and thus there was a need for an objections and requests for a hearing result from the use of a pesticide under emergency exemption for use in mixed must be in writing and must be received an emergency exemption granted by stands of alfalfa and grasses. After by the Hearing Clerk on or before EPA under FIFRA section 18. Such having reviewed the submission, EPA September 3, 2019. Addresses for mail tolerances can be established without determined that an emergency condition and hand delivery of objections and providing notice or period for public exists for this State, and that the criteria hearing requests are provided in 40 CFR comment. EPA does not intend for its for approval of an emergency exemption 178.25(b). actions on FIFRA section 18 related are met. EPA has authorized a specific In addition to filing an objection or time-limited tolerances to set binding exemption under FIFRA section 18 for hearing request with the Hearing Clerk precedents for the application of FFDCA the use of indoxacarb on mixed stands as described in 40 CFR part 178, please section 408 and the safety standard to of alfalfa and grasses for control of submit a copy of the filing (excluding other tolerances and exemptions. alfalfa weevils in California. any Confidential Business Information Section 408(e) of FFDCA allows EPA to As part of its evaluation of the (CBI)) for inclusion in the public docket. establish a tolerance or an exemption emergency exemption application, EPA Information not marked confidential from the requirement of a tolerance on assessed the potential risks presented by pursuant to 40 CFR part 2 may be its own initiative, i.e., without having residues of indoxacarb in or on grass, disclosed publicly by EPA without prior received any petition from an outside forage and grass, hay. In doing so, EPA notice. Submit the non-CBI copy of your party. considered the safety standard in objection or hearing request, identified Section 408(b)(2)(A)(i) of FFDCA FFDCA section 408(b)(2) and decided by docket ID number EPA–HQ–OPP– allows EPA to establish a tolerance (the that the necessary tolerance under 2019–0186, by one of the following legal limit for a pesticide chemical FFDCA section 408(l)(6) would be methods: residue in or on a food) only if EPA consistent with the safety standard and • Federal eRulemaking Portal: determines that the tolerance is ‘‘safe.’’ with FIFRA section 18. Consistent with https://www.regulations.gov. Follow the Section 408(b)(2)(A)(ii) of FFDCA the need to move quickly on the online instructions for submitting defines ‘‘safe’’ to mean that ‘‘there is a emergency exemption to address an comments. Do not submit electronically reasonable certainty that no harm will urgent and non-routine situation and to any information you consider to be CBI result from aggregate exposure to the ensure that the resulting food is safe and or other information whose disclosure is pesticide chemical residue, including lawful, EPA is issuing these tolerances restricted by statute. all anticipated dietary exposures and all without notice and opportunity for • Mail: OPP Docket, Environmental other exposures for which there is public comment as provided in FFDCA Protection Agency Docket Center (EPA/ reliable information.’’ This includes section 408(l)(6). Although these time- DC), (28221T), 1200 Pennsylvania Ave. exposure through drinking water and in limited tolerances expire on December NW, Washington, DC 20460–0001. residential settings but does not include 31, 2022, under FFDCA section • Hand Delivery: To make special occupational exposure. Section 408(l)(5), residues of the pesticide not in arrangements for hand delivery or 408(b)(2)(C) of FFDCA requires EPA to excess of the amounts specified in the delivery of boxed information, please give special consideration to exposure tolerances remaining in or on grass, follow the instructions at https:// of infants and children to the pesticide forage and grass, hay after that date will www.epa.gov/dockets/where-send- chemical residue in establishing a not be unlawful, provided the pesticide comments-EPA-dockets. tolerance and to ‘‘ensure that there is a was applied in a manner that was lawful Additional instructions on reasonable certainty that no harm will under FIFRA, and the residues do not commenting or visiting the docket, result to infants and children from exceed the levels that were authorized along with more information about aggregate exposure to the pesticide by these time-limited tolerances at the dockets generally, is available at https:// chemical residue . . . .’’ time of that application. EPA will take www.epa.gov/dockets. Section 18 of FIFRA authorizes EPA action to revoke these time-limited to exempt any Federal or State agency II. Background and Statutory Findings tolerances earlier if any experience from any provision of FIFRA, if EPA with, scientific data on, or other EPA, on its own initiative, in determines that ‘‘emergency conditions relevant information on this pesticide accordance with FFDCA sections 408(e) exist which require such exemption.’’ indicate that the residues are not safe. and 408(l)(6) of, 21 U.S.C. 346a(e) and EPA has established regulations Because these time-limited tolerances 346a(1)(6), is establishing time-limited governing such emergency exemptions are being approved under emergency tolerances for residues of indoxacarb, in 40 CFR part 166. conditions, EPA has not made any (S)-methyl 7-chloro-2,5-dihydro-2- decisions about whether indoxacarb [[(methoxycarbonyl)[4- III. Emergency Exemption for meets FIFRA’s registration requirements (trifluoromethoxy)phenyl] Indoxacarb in Mixed Stands of Alfalfa for use on grasses or whether permanent amino]carbonyl]indeno[1,2-e][1,3,4] and Grasses and FFDCA Tolerances tolerances for this use would be [oxadiazine-4a(3H)-carboxylate, and its The California Department of appropriate. Under these circumstances, R-enantiomer, (R)-methyl 7-chloro-2,5- Pesticide Regulations (CDPR) notified EPA does not believe that these time- dihydro-2-[[(methoxycarbonyl)[4- EPA that an emergency condition exists limited tolerance decisions serve as (trifluoromethoxy)phenyl]amino] with respect to control of alfalfa weevils bases for registration of indoxacarb by a carbonyl]indeno[1,2-e][1,3,4] in mixed stands of alfalfa and grasses in State for special local needs under [oxadiazine-4a(3H)-carboxylate, in/on the Intermountain Region of California. FIFRA section 24(c). Nor do these grass, forage at 10 parts per million According to CDPR, an urgent and tolerances by themselves serve as (ppm) and in/on grass, hay at 50 ppm. nonroutine situation arose due to the authority for persons in any State other These time-limited tolerances expire on weevils’ developing resistance to the than California to use this pesticide on December 31, 2022. commonly relied-upon pyrethroids, and the applicable crops under FIFRA

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section 18 absent the issuance of an www.epa.gov/pesticide-science-and- tolerance is established, modified, or emergency exemption applicable within assessing-pesticide-risks/assessing- left in effect, demonstrating that the that State. For additional information human-health-risk-pesticides. levels in food are not above the levels regarding the emergency exemption for A summary of the toxicological anticipated. For the present action, EPA indoxacarb, contact the Agency’s endpoints for indoxacarb used for will issue such data call-ins as are Registration Division at the address human risk assessment is discussed in required by FFDCA section 408(b)(2)(E) provided under FOR FURTHER Unit III of the final rule published in the and authorized under FFDCA section INFORMATION CONTACT. Federal Register of December 8, 2017 408(f)(1). Data will be required to be (82 FR 57860) (FRL–9970–39). submitted no later than 5 years from the IV. Aggregate Risk Assessment and B. Exposure Assessment date of issuance of these tolerances. Determination of Safety Section 408(b)(2)(F) of FFDCA states Consistent with the factors specified 1. Dietary exposure from food and that the Agency may use data on the in FFDCA section 408(b)(2)(D), EPA has feed uses. In evaluating dietary actual percent of food treated for reviewed the available scientific data exposure to indoxacarb, EPA considered assessing chronic dietary risk only if: and other relevant information in exposure under the time-limited • Condition a: The data used are support of this action. EPA has tolerances established by this action as reliable and provide a valid basis to sufficient data to assess the hazards of well as all existing indoxacarb show what percentage of the food and to make a determination on tolerances in 40 CFR 180.564. EPA derived from such crop is likely to aggregate exposure expected as a result assessed dietary exposures from contain the pesticide residue. of this emergency exemption use and indoxacarb in food as follows: • Condition b: The exposure estimate the time-limited tolerances for i. Acute exposure. Quantitative acute does not underestimate exposure for any combined residues of indoxacarb on dietary exposure and risk assessments significant subpopulation group. grass, forage and grass, hay at 10 ppm are performed for a food-use pesticide if • Condition c: Data are available on and 50 ppm, respectively. There are a toxicological study has indicated the pesticide use and food consumption in existing tolerances for residues of possibility of an effect of concern a particular area, and the exposure indoxacarb in/on meat and milk occurring as a result of a 1-day or single estimate does not understate exposure commodities, and EPA has determined exposure. Acute effects were identified for the population in such area. that the existing tolerances for meat and for indoxacarb. In estimating acute In addition, the Agency must provide milk commodities will not be exceeded dietary exposure, EPA used food for periodic evaluation of any estimates by additional residues in grass forage consumption information from the used. To provide for the periodic and hay. EPA’s assessment of exposures United States Department of evaluation of the estimate of PCT as and risks associated with establishing Agriculture’s (USDA’s) 2003–2008 required by FFDCA section 408(b)(2)(F), the time-limited tolerances follows. National Health and Nutrition EPA may require registrants to submit Examination Survey, What We Eat in data on PCT. A. Toxicological Points of Departure/ America (NHANES/WWEIA). As to The Agency estimated the maximum Levels of Concern residue levels in food, EPA used full and average PCT for the acute and Once a pesticide’s toxicological distributions of residue levels from the chronic dietary assessments for existing profile is determined, EPA identifies results of field trials reflecting uses as follows: toxicological points of departure (PODs) maximum use patterns in all • For acute dietary assessment: and levels of concern (LOCs) to use in commodities and used maximum Apples: 10%; apricots: 15%; evaluating the risk posed by human Percent Crop Treated (PCT) estimates. blueberries: 5%; broccoli: 70%; cabbage: exposure to the pesticide. For hazards ii. Chronic exposure. In conducting 35%; cantaloupe: 10%; cauliflower: that have a threshold below which there the chronic dietary exposure assessment 60%; celery: 5%; cherries: 2.5%; cotton: is no appreciable risk, the toxicological EPA used the food consumption data 2.5%; cucumbers: 10%; grapes: 5%; POD is used as the basis for derivation from the EPA used food consumption lettuce: 15%; nectarines: 15%; peaches: of reference values for risk assessment. information from the USDA’s 2003– 10%; peanuts: 10%; pears: 2.5%; PODs are developed based on a careful 2008 NHANES/WWEIA. As to residue peppers: 30%; plums/prunes: 5%; analysis of the doses in each levels in food, EPA used average residue potatoes: 2.5%; soybeans: 2.5%; toxicological study to determine the levels based on the results of field trials spinach: 5%; squash: 5%; sweet corn: dose or level at which no adverse effects reflecting maximum use patterns in all 10%; and tomatoes: 40%. are observed (the NOAEL) and the commodities and used average PCT • For chronic dietary assessment: lowest level at which adverse effects of estimates. Apples: 5%; apricots: 5%; blueberries: concern are identified (the LOAEL). iii. Cancer. Based on the data 5%; broccoli: 45%; cabbage: 20%; Uncertainty/safety factors are used in referenced in Unit IV.A., EPA has cantaloupe: 5%; cauliflower: 35%; conjunction with the POD to calculate a concluded that indoxacarb does not celery: 5%; cherries: 2.5%; cotton: safe exposure level—generally referred pose a cancer risk to humans. Therefore, 2.5%; cucumbers: 2.5%; grapes: 2.5%; to as a population-adjusted dose (PAD) a dietary exposure assessment for lettuce: 5%; nectarines: 15%; peaches: or a reference dose (RfD)—and a safe assessing cancer risk is unnecessary. 2.5%; peanuts: 5%; pears: 1%; peppers: margin of exposure (MOE). For non- iv. Anticipated residue and percent 15%; plums/prunes: 5%; potatoes: threshold risks, the Agency assumes crop treated (PCT) information. Section 2.5%; soybeans: 1%; spinach: 2.5%; that any amount of exposure will lead 408(b)(2)(E) of FFDCA authorizes EPA squash: 2.5%; sweet corn: 2.5%; and to some degree of risk. Thus, the Agency to use available data and information on tomatoes: 20%. estimates risk in terms of the probability the anticipated residue levels of In most cases, EPA uses available data of an occurrence of the adverse effect pesticide residues in food and the actual from United States Department of expected in a lifetime. For more levels of pesticide residues that have Agriculture/National Agricultural information on the general principles been measured in food. If EPA relies on Statistics Service (USDA/NASS), EPA uses in risk characterization and a such information, EPA must require proprietary market surveys, and the complete description of the risk pursuant to FFDCA section 408(f)(1) National Pesticide Use Database for the assessment process, see https:// that data be provided 5 years after the chemical/crop combination for the most

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recent 6 to 7 years. EPA uses an average and-assessing-pesticide-risks/about- Postapplication assessments were not PCT for chronic dietary risk analysis. water-exposure-models-used-pesticide. conducted for ant mound uses, because The average PCT figure for each existing Based on the Surface Water these are considered perimeter/spot use is derived by combining available Concentration Calculator (SWCC) model uses; residential exposure is expected to public and private market survey data and the Pesticide Root Zone Model be negligible. Spot and crack and for that use, averaging across all Ground Water (PRZM GW), the crevice exposures were not quantified observations, and rounding to the estimated drinking water concentrations for gels or bait stations; exposure is nearest 5%, except for those situations (EDWCs) of indoxacarb for acute considered negligible. A golfer in which the average PCT is less than exposures are estimated to be 39 parts assessment was not conducted, due to 2.5%. In those cases, estimates of per billion (ppb) for surface water and the lack of a dermal endpoint. average PCT between 1% and 2.5% are 131 ppb for ground water; for chronic Postapplication inhalation exposure is rounded to 2.5% and estimates of exposures the EDWCs are 11 ppb for generally not assessed following average PCT less than 1% are rounded surface water and 123 ppb for ground application to pets and turf. The to 1%. EPA uses a maximum PCT for water. combination of low vapor pressure acute dietary risk analysis. The Modeled estimates of drinking water (1.9 × 10¥10 mm Hg at 25 °C for maximum PCT figure is the highest concentrations were directly entered indoxacarb) of active ingredients observed maximum value reported into the dietary exposure model. For typically used in pet and turf pesticide within the recent 6 years of available acute dietary risk assessment, a time products, and the small amounts of public and private market survey data series distribution of ground water pesticide applied to pets is expected to for the existing use and rounded up to modeled residues was used to assess the result in only negligible inhalation the nearest multiple of 5%, except for contribution to drinking water. For exposure. Ingestion of granules is those situations in which the maximum chronic dietary risk assessment, a single considered an episodic event and not a PCT is less than 2.5%. In those cases, point water concentration value of 123 routine behavior. Because the Agency EPA uses a maximum PCT value of ppb was used to assess the contribution does not expect this to occur on a 2.5%. to drinking water. regular basis, concern for human health The Agency believes that the three 3. From non-dietary exposure. The is related to acute poisoning rather than conditions discussed in Unit IV.B.1.iv. term ‘‘residential exposure’’ is used in short-term residue exposure. For these have been met. With respect to this document to refer to non- reasons, the episodic ingestion scenario Condition a, PCT estimates are derived occupational, non-dietary exposure is not included in the aggregate from Federal and private market survey (e.g., for lawn and garden pest control, assessment. The only route of data, which are reliable and have a valid indoor pest control, termiticides, and residential exposure for inclusion in the basis. The Agency is reasonably certain flea and tick control on pets). adult aggregate assessment is inhalation. that the percentage of the food treated Indoxacarb is currently registered for However, for adults it would be is not likely to be an underestimation. the following uses that could result in inappropriate to aggregate inhalation As to Conditions b and c, regional residential exposures: Pet spot-on uses, exposures with background dietary consumption information and spot and crack and crevice applications exposures because the toxicity consumption information for significant indoors, outdoor broadcast (i.e., turf), endpoints for the inhalation and short- subpopulations is taken into account perimeter and foundations, spot term oral routes are different. Therefore, through EPA’s computer-based model outdoors (i.e., direct mound the only residential exposures that were for evaluating the exposure of applications for fire ants), and crack and combined are for children 1 to <2 years significant subpopulations including crevice outdoors. Based on these use old in the short-term aggregate several regional groups. Use of this scenarios, EPA assessed residential assessment that reflects hand-to-mouth consumption information in EPA’s risk exposure using the following exposures from post-application assessment process ensures that EPA’s assumptions: exposure to spot treatment on carpets, exposure estimate does not understate • Spot and crack and crevice and children 1 to <2 years old in the exposure for any significant exposures were not quantified due to intermediate- and long-term aggregate subpopulation group and allows the formulation types that minimize the assessment that reflects exposures from Agency to be reasonably certain that no potential for handler and treated pets. regional population is exposed to postapplication exposures (i.e., gels or Further information regarding EPA residue levels higher than those bait stations). Risks from spot and crack standard assumptions and generic estimated by the Agency. Other than the and crevice were not quantified because inputs for residential exposures may be data available through national food exposures from these formulation types found at: https://www.epa.gov/ consumption surveys, EPA does not are expected to be negligible. pesticide-science-and-assessing- have available reliable information on • Residential handler exposure: pesticide-risks/standard-operating- the regional consumption of food to There is a potential for dermal and procedures-residential-pesticide. which indoxacarb may be applied in a inhalation exposure. Residential 4. Cumulative effects from substances particular area. handler inhalation exposure is with a common mechanism of toxicity. 2. Dietary exposure from drinking considered negligible for applying Section 408(b)(2)(D)(v) of FFDCA water. The Agency used screening-level ready-to-use pet spot-ons. Residential requires that, when considering whether water exposure models in the dietary handler dermal exposures are expected to establish, modify, or revoke a exposure analysis and risk assessment for ready-to-use pet spot-ons, however tolerance, the Agency consider for indoxacarb in drinking water. These dermal exposures were not quantified ‘‘available information’’ concerning the simulation models take into account due to the lack of a dermal endpoint. cumulative effects of a particular data on the physical, chemical, and fate/ Residential handler inhalation and pesticide’s residues and ‘‘other transport characteristics of indoxacarb. dermal exposures are considered substances that have a common Further information regarding EPA negligible for applying ready-to-use mechanism of toxicity.’’ drinking water models used in pesticide materials (i.e., baits or stations). EPA has not found indoxacarb to exposure assessment can be found at • Residential post-application dermal share a common mechanism of toxicity https://www.epa.gov/pesticide-science- and incidental oral exposure: with any other substances, and

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indoxacarb does not appear to produce chronic dietary assessments, as shown residential inhalation exposures cannot a toxic metabolite produced by other in unit IV.B.1.iv. Food residues were be aggregated because they are based on substances. For the purposes of this taken from the results of supervised different effects than for oral exposures. tolerance action, therefore, EPA has field trial studies reflecting maximum Therefore, long-term aggregate risk for assumed that indoxacarb does not have use patterns. Drinking water residues adults is equivalent to the chronic a common mechanism of toxicity with were included in the dietary dietary risk noted in this unit. other substances. For information assessments as follows: A point estimate 3. Short-term risk. Short-term regarding EPA’s efforts to determine of 123 ppb was used for the chronic aggregate exposure takes into account which chemicals have a common assessment and the time series short-term residential exposure plus mechanism of toxicity and to evaluate distribution of ground water modeled chronic exposure to food and water the cumulative effects of such residues was used in the acute (considered to be a background chemicals, see EPA’s website at https:// assessment as a residue distribution file exposure level). Indoxacarb is currently www.epa.gov/pesticide-science-and- in the Monte Carlo analysis. For food registered for uses that could result in assessing-pesticide-risks/cumulative- commodities, Residue Distribution Files short-term residential exposure, and the assessment-risk-pesticides. (RDFs) were constructed for the Agency has determined that it is probabilistic acute dietary assessment as appropriate to aggregate chronic C. Safety Factor for Infants and Children appropriate, and average residues were exposure to children aged 1–2 years 1. In general. Section 408(b)(2)(C) of used for blended commodities. For the through food and water with short-term FFDCA provides that EPA shall apply chronic dietary assessment, either residential exposures to indoxacarb. For an additional tenfold (10X) margin of average residue levels from field trial adults, residential inhalation exposures safety for infants and children in the studies were used or for crops where no cannot be aggregated with chronic case of threshold effects to account for residues were found, a value of 1⁄2 the dietary because they are based on prenatal and postnatal toxicity and the limit of quantitation was assumed. EPA different effects than for oral exposures. completeness of the database on toxicity used similarly conservative assumptions Because chronic dietary exposure has and exposure unless EPA determines to assess post-application exposure of already been assessed under the based on reliable data that a different children as well as incidental oral appropriately protective cPAD (which is margin of safety will be safe for infants exposure of toddlers. These assessments at least as protective as the POD used to and children. This additional margin of will not underestimate the exposure and assess short-term risk) and inhalation safety is commonly referred to as the risks posed by indoxacarb. risk has been assessed for adults, no FQPA Safety Factor (SF). In applying further assessment of short-term risk is D. Aggregate Risks and Determination of necessary for adults, and EPA relies on this provision, EPA either retains the Safety default value of 10X, or uses a different the findings from the chronic dietary additional SF when reliable data EPA determines whether acute and risk assessment and inhalation available to EPA support the choice of chronic dietary pesticide exposures are assessment, as noted in unit IV.D.2 and a different factor. safe by comparing aggregate exposure IV.D.3, for evaluating short-term risk to 2. Prenatal and postnatal sensitivity. estimates to the acute PAD (aPAD) and adults for indoxacarb. There was no evidence of reproductive chronic PAD (cPAD). For linear cancer Using the exposure assumptions effects in rats. There was no evidence of risks, EPA calculates the lifetime described in this unit for short-term increased susceptibility in developing probability of acquiring cancer given the exposures, EPA has concluded the fetuses or in the offspring following estimated aggregate exposure. Short-, combined short-term food, water, and prenatal and/or postnatal exposure to intermediate-, and chronic-term risks residential exposures result in aggregate indoxacarb in rats or rabbits. There was are evaluated by comparing the MOEs of 120 (food, water, and no evidence of increased susceptibility estimated aggregate food, water, and residential) for children aged 1–2. in the young in the developmental residential exposure to the appropriate Because EPA’s level of concern for neurotoxicity study in rats. PODs to ensure that adequate MOEs indoxacarb is an MOE of 100 or below, 3. Conclusion. EPA has determined exist. this MOE is not of concern. that reliable data show that the safety of 1. Acute risk. Using the exposure 4. Intermediate-term risk. infants and children would be assumptions discussed in this unit for Intermediate-term aggregate exposure adequately protected if the FQPA SF acute exposure, the acute dietary takes into account intermediate-term were reduced to 1X. That decision is exposure from food and water to residential exposure plus chronic based on the following findings: indoxacarb will occupy 56% of the exposure to food and water (considered i. The toxicity database for indoxacarb aPAD for children ages 1–2, the to be a background exposure level). is complete. population group receiving the greatest Indoxacarb is currently registered for ii. The acute neurotoxicity, exposure. uses that could result in intermediate- subchronic toxicity, and developmental 2. Chronic risk. Using the exposure term residential exposure, and the neurotoxicity studies for indoxacarb are assumptions described in this unit for Agency has determined that it is available and all endpoints used in the chronic exposure, EPA has concluded appropriate to aggregate chronic risk assessment are protective of that chronic exposure to indoxacarb exposure to children ages 1–2 years neurotoxic effects. from food and water will utilize 35% of through food and water with iii. There is no evidence that the cPAD for all infants <1 year old, the intermediate-term residential exposures indoxacarb results in increased population group receiving the greatest to indoxacarb. For adults, residential susceptibility in in utero rats or rabbits exposure. EPA has concluded the inhalation exposures cannot be in the prenatal developmental studies or combined long-term food, water, and aggregated with chronic dietary because in young rats in the 2-generation residential exposures result in an they are based on different effects than reproduction study. aggregate MOE of 260 (food, water, and for oral exposures. Because chronic iv. There are no residual uncertainties residential) for children aged 1–2. dietary exposure has already been identified in the exposure databases. Because EPA’s level of concern for assessed under the appropriately The Agency estimated maximum and indoxacarb is an MOE of 100 or below, protective cPAD (which is at least as average PCT values for the acute and this MOE is not of concern. For adults, protective as the POD used to assess

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intermediate-term risk), no further United Nations Food and Agriculture do not require the issuance of a assessment of intermediate-term risk is Organization/World Health proposed rule, the requirements of the necessary for adults, and EPA relies on Organization food standards program, Regulatory Flexibility Act (RFA) (5 the findings from the chronic dietary and it is recognized as an international U.S.C. 601 et seq.) do not apply. risk assessment, as noted in unit IV.D.2, food safety standards-setting This action directly regulates growers, for evaluating intermediate-term risk to organization in trade agreements to food processors, food handlers, and food adults for indoxacarb. which the United States is a party. EPA retailers, not States or tribes, nor does Using the exposure assumptions may establish a tolerance that is this action alter the relationships or described in this unit for intermediate- different from a Codex MRL; however, distribution of power and term exposures, EPA has concluded that FFDCA section 408(b)(4) requires that responsibilities established by Congress the combined intermediate-term food, EPA explain the reasons for departing in the preemption provisions of FFDCA water, and residential exposures for from the Codex level. section 408(n)(4). As such, the Agency The Codex has not established MRLs children aged 1–2 years result in an has determined that this action will not for indoxacarb in/on grass forage or aggregate MOE of 260. Because EPA’s have a substantial direct effect on States grass hay. level of concern for indoxacarb is an or tribal governments, on the MOE of 100 or below, this MOE is not VI. Conclusion relationship between the national of concern. Therefore, time-limited tolerances are government and the States or tribal 5. Aggregate cancer risk for U.S. governments, or on the distribution of population. Based on the lack of established for residues of indoxacarb, (S)-methyl 7-chloro-2,5-dihydro-2- power and responsibilities among the evidence of carcinogenicity in two various levels of government or between adequate rodent carcinogenicity studies, [[(methoxycarbonyl)[4- (trifluoromethoxy)phenyl] the Federal Government and Indian indoxacarb is not expected to pose a tribes. Thus, the Agency has determined cancer risk to humans. amino]carbonyl]indeno[1,2-e][1,3,4] [oxadiazine-4a(3H)-carboxylate, and its that Executive Order 13132, entitled 6. Determination of safety. Based on ‘‘Federalism’’ (64 FR 43255, August 10, these risk assessments, EPA concludes R-enantiomer, (R)-methyl 7-chloro-2,5- dihydro-2-[[(methoxycarbonyl)[4- 1999) and Executive Order 13175, that there is a reasonable certainty that entitled ‘‘Consultation and Coordination no harm will result to the general (trifluoromethoxy)phenyl]amino] carbonyl]indeno[1,2-e][1,3,4] with Indian Tribal Governments’’ (65 FR population, or to infants and children, [oxadiazine-4a(3H)-carboxylate, in or on 67249, November 9, 2000) do not apply from aggregate exposure to indoxacarb grass, forage at 10 ppm and grass, hay to this action. In addition, this action residues. at 50 ppm. These tolerances expire on does not impose any enforceable duty or V. Other Considerations 12/31/2022. contain any unfunded mandate as described under Title II of the Unfunded A. Analytical Enforcement Methodology VII. Statutory and Executive Order Mandates Reform Act (UMRA) (2 U.S.C. For the enforcement of tolerances Reviews 1501 et seq.). established on crops, two High This action establishes tolerances This action does not involve any Performance Liquid Chromatograph/ under FFDCA sections 408(e) and technical standards that would require Ultraviolet Detection (HPLC/UV) 408(l)(6). The Office of Management and Agency consideration of voluntary methods, DuPont protocols AMR 2712– Budget (OMB) has exempted these types consensus standards pursuant to section 93 and DuPont–11978, are available for of actions from review under Executive 12(d) of the National Technology use. The limits of quantitation (LOQs) Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act for these methods range from 0.01 to Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). 0.05 ppm for a variety of plant October 4, 1993). Because this action commodities. A third procedure, Gas has been exempted from review under VIII. Congressional Review Act Chromatograph/Mass-Selective Executive Order 12866, this action is Pursuant to the Congressional Review Detection (GC/MSD), DuPont method not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will AMR 3493–95 Supplement No. 4, is also entitled ‘‘Actions Concerning submit a report containing this rule and available for the confirmation of Regulations That Significantly Affect other required information to the U.S. residues in plants. Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of The methods may be requested from: FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller Chief, Analytical Chemistry Branch, Order 13045, entitled ‘‘Protection of General of the United States prior to Environmental Science Center, 701 Children from Environmental Health publication of the rule in the Federal Mapes Rd., Ft. Meade, MD 20755–5350; Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major telephone number: (410) 305–2905; April 23, 1997). This action does not rule’’ as defined by 5 U.S.C. 804(2). email address: residuemethods@ contain any information collections epa.gov. subject to OMB approval under the List of Subjects in 40 CFR Part 180 Paperwork Reduction Act (PRA), 44 B. International Residue Limits U.S.C. 3501 et seq., nor does it require Environmental protection, In making its tolerance decisions, EPA any special considerations under Administrative practice and procedure, seeks to harmonize U.S. tolerances with Executive Order 12898, entitled Agricultural commodities, Pesticides international standards whenever ‘‘Federal Actions to Address and pests, Reporting and recordkeeping possible, consistent with U.S. food Environmental Justice in Minority requirements. safety standards and agricultural Populations and Low-Income Dated: June 28, 2019. practices. EPA considers the Populations’’ (59 FR 7629, February 16, Donna Davis, international maximum residue limits 1994). Acting Director, Registration Division, Office (MRLs) established by the Codex Since tolerances and exemptions that of Pesticide Programs. Alimentarius Commission (Codex), as are established in accordance with required by FFDCA section 408(b)(4). FFDCA sections 408(e) and 408(l)(6), Therefore, 40 CFR chapter I is The Codex Alimentarius is a joint such as the tolerances in this final rule, amended as follows:

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PART 180—[AMENDED] * * * * * This notice provides new data and [FR Doc. 2019–14325 Filed 7–3–19; 8:45 am] information, the EPA’s analyses of that ■ 1. The authority citation for part 180 BILLING CODE 6560–50–P data and announces the Agency’s continues to read as follows: decision to not revise the final UOG rule Authority: 21 U.S.C. 321(q), 346a and 371. in response to the remand in ENVIRONMENTAL PROTECTION Pennsylvania Grade Crude Oil Coalition ■ 2. In § 180.564, add paragraph (b) to AGENCY read as follows: v. EPA, No. 16–4064 (3rd Cir., August 31, 2017), requiring the EPA to consider 40 CFR Part 435 § 180.564 Indoxacarb; tolerances for further information and take any residues. [EPA–HQ–OW–2016–0598; FRL–9995–74– appropriate action with regard to the * * * * * OW] final rule. (b) Section 18 emergency exemptions. DATES: This decision shall be Time-limited tolerances specified in the Decision on Supplemental Information on the Effluent Limitations Guidelines considered issued for purposes of following table are established for judicial review at 1 p.m. Eastern residues of the indoxacarb, including its and Standards for the Oil and Gas Extraction Point Source Category Standard Time on July 19, 2019. Section metabolites and degradates, in or on the 509(b)(1) of the CWA, judicial review of specified agricultural commodities in AGENCY: Environmental Protection this decision can be had only by filing the table below, resulting from use of Agency (EPA). a petition for review in the U.S. Court the pesticide pursuant to FIFRA section ACTION: Notification of decision. of Appeals within 120 days after the 18 emergency exemptions. Compliance decision is considered issued for SUMMARY: The Environmental Protection with the tolerance levels specified in the purposes of judicial review. table below is to be determined by Agency (EPA) is providing notice of its measuring only indoxacarb, (S)-methyl decision to not revise the final rule FOR FURTHER INFORMATION CONTACT: For 7-chloro-2,5-dihydro-2- establishing pretreatment standards for more information, see the EPA’s [[(methoxycarbonyl)[4- discharges of pollutants into publicly website: https://www.epa.gov/eg/ (trifluoromethoxy)phenyl]amino] owned treatment works (POTWs) from unconventional-oil-and-gas-extraction- carbonyl]indeno[1,2-e][1,3,4] onshore unconventional oil and gas effluent-guidelines. For technical [oxadiazine-4a(3H)-carboxylate, and its (UOG) extraction facilities. In 2016, the information, contact Karen Feret, R-enantiomer, (R)-methyl 7-chloro-2,5- EPA promulgated the final rule, Effluent Engineering and Analysis Division dihydro-2-[[(methoxycarbonyl)[4- Limitations Guidelines and Standards (4303T), Office of Water, Environmental (trifluoromethoxy)phenyl]amino] for the Oil and Gas Extraction Point Protection Agency, 1200 Pennsylvania carbonyl]indeno[1,2-e][1,3,4] Source Category (the unconventional oil Ave. NW, Washington, DC 20460–0001; [oxadiazine-4a(3H)-carboxylate. and gas or UOG rule), based on record telephone: 202–566–1915; email: The tolerances expire on the dates information indicating that all facilities [email protected]. specified in the table. subject to the rule were meeting the zero SUPPLEMENTARY INFORMATION: discharge of pollutants requirement in Parts per Expiration the rule. After promulgation, the EPA I. General Information Commodity million date received information indicating that A. Does this notice apply to me? certain facilities subject to the final rule Grass, forage .... 10 12/31/2022 Grass, hay ...... 50 12/31/2022 were not meeting the rule’s zero Entities potentially affected by this discharge of pollutants requirement. action include:

North American Industry Category Example of regulated entity Classification System (NAICS) code

Industry ...... Crude Petroleum and Natural Gas Extraction ...... 211111 Industry ...... Natural Gas Liquid Extraction ...... 211112

B. Obtaining Copies of This Document II. Why is EPA issuing this decision? involving ‘‘crude oil and natural gas and Related Information The EPA promulgated the UOG rule produced by a well drilled into a shale The EPA has established a docket for on June 28, 2016. 81 FR 41845. The and/or tight formation (including, but this action under Docket ID No. EPA– UOG rule regulates wastewater not limited to, shale gas, shale oil, tight HQ–OW–2016–0598. All documents in pollutants from unconventional oil and gas, and tight oil).’’ See 40 CFR the docket are listed on the https:// gas extraction activities under Subpart C 435.33(a)(2)(i). In promulgating the rule, www.regulations.gov website. Although (Onshore Subcategory) of the oil and gas the EPA explained that UOG listed in the index, some information is extraction effluent guidelines. The UOG wastewaters are not typical of POTW not publicly available, e.g., CBI or other rule is a national rule that prohibits influent wastewater, and as a result information whose disclosure is onshore unconventional oil and gas some UOG extraction wastewater restricted by statute. Certain other extraction operations from discharging pollutants: Can be discharged untreated material, such as copyrighted material, pollutants in wastewater to publicly from a POTW to the receiving stream is not placed on the internet and will be owned treatment works (POTWs), in (i.e., the POTW is not designed to treat publicly available only in hard copy other words, a ‘‘zero discharge’’ the pollutant); can cause the disruption form. Publicly available docket requirement. The UOG rule defines the of the POTW treatment operations (e.g., materials are available electronically term ‘‘unconventional oil and gas biological treatment is inhibited); can through https://www.regulations.gov. operations’’ to include operations accumulate in biosolids, limiting their

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use; and can cause the formation of those facilities defined as conventional UOG rule’s definition.1 As described harmful disinfection by-products. by Pennsylvania that meet the definition above, oil and gas extraction activities The EPA’s record at the time of of unconventional in the UOG rule and regulated under the Stripper promulgation indicated that all UOG are thus likely subject to the EPA’s 2016 Subcategory (Subpart F) are not extraction facilities were meeting the UOG pretreatment standard rule. included in this rule, and therefore were zero discharge requirement, and the EPA staff also met with producers in not included in the scope of analyses EPA received no comments at proposal Pennsylvania to further understand discussed in this notice. In the analysis indicating otherwise. However, after the their concerns. As a result of this of the data, the EPA excluded any well UOG rule was promulgated, several interaction, the EPA learned that the that had less than a ratio of 15,000 cubic interested parties notified the EPA that scope of the Agency’s 2016 UOG feet of gas per 1 barrel of oil and had a number of oil and gas operations in pretreatment standard rule may not less than an average of 10 barrels per Pennsylvania covered by the rule were have been clear to certain producers. To day of oil over the year’s reported in fact discharging wastewater to clarify the scope of the UOG rule, the production and number of producing POTWs. These parties stated that their UOG rule is not applicable to activities days. Based on the 2016 Commonwealth operations are ‘‘conventional’’ under regulated under the Stripper data, the EPA determined that out of Pennsylvania definitions, although they Subcategory (40 CFR 435 Subpart F). 879 oil and gas extraction entities appear to meet the definition of The UOG rule applies to onshore reporting to Pennsylvania in 2016 (and ‘‘unconventional’’ in the UOG rule. unconventional oil and gas extraction over 6,000 entities nationwide), 22 Based on this post-promulgation facilities regulated under Subpart C. entities discharged at least some portion information, the EPA extended the Subpart C excludes facilities regulated of their wastewater to a POTW from compliance date for existing sources under Subpart F. UOG operations as defined by the 2016 that were lawfully discharging to III. Summary of Analysis and Results UOG rule. Based on the 2016 data, the POTWs on or between April 7, 2015, EPA concludes that this subset of and June 28, 2016, to three years from A detailed description of the data entities may need to make changes to the effective date of the rule—to August sources, methodology, and associated comply with the 2016 UOG rule (and 29, 2019, (compliance date analyses can be found at: https:// would incur any associated costs). postponement rule). See 81 FR 88126– www.epa.gov/eg/unconventional-oil- For each well that generated 88127. That rule did not change the and-gas-extraction-effluent-guidelines. wastewater that was sent to a POTW compliance date for all other facilities This section summarizes that from these 22 entities, the EPA subject to the final UOG rule. information and provides results. determined the nearest wastewater Pennsylvania Grade Crude Oil First, the EPA conducted additional management alternative (centralized Coalition (PGCC) also filed a petition for analyses to determine whether wells waste treatment (CWT) facility or Class review of the rule in the U.S. Court of discharging to POTWs in Pennsylvania II underground injection control (UIC) Appeals for the Third Circuit. PGCC would meet the definition of well). The EPA found that wastewater indicated that the EPA incorrectly found ‘‘unconventional’’ and thus be subject to management alternatives were available that there were no existing discharges to the EPA’s 2016 UOG rule. Oil and gas to all of these entities as many of them POTWs by facilities that meet the operators in the Commonwealth of reported using another wastewater definition of ‘‘unconventional’’ in the Pennsylvania must report to the management alternative in addition to a UOG rule. In response, the EPA filed a Pennsylvania Department of POTW in 2016. To estimate the motion (unopposed by PGCC) for Environmental Protection information potential incremental costs of this rule voluntary remand without vacatur on their wells, such as wastewater to these entities (which represent the which was granted by the Court in management and formation type. During only entities in the U.S. that may incur October, 2017. Pennsylvania Crude Oil development of the 2016 UOG rule, the costs associated with the nationally Coalition v. EPA, No. 16–4064 (3rd Cir., EPA used this Commonwealth-compiled applicable rule), the EPA calculated any Aug. 31, 2017). In the motion, the EPA data to support the Agency’s finding incremental wastewater management discussed the post-promulgation that there were no UOG extraction costs for these entities to send their information referenced above, facilities discharging wastewater to wastewater to the nearest wastewater acknowledging that this new POTWs. However, based on the management alternative as well as any information was inconsistent with the information submitted to the EPA after associated incremental transportation record for the rule. The EPA explained promulgation of the rule, the Agency costs. The EPA added incremental that the Agency requested the remand to came to understand that some facilities wastewater management and consider any additional evidence that would meet the definition of transportation costs to determine the relevant to the UOG rule, develop the unconventional in the 2016 UOG rule total incremental costs to these entities record, and take any follow-up action as were categorized as conventional in the to comply with the 2016 UOG rule. appropriate. This notice provides the Pennsylvania data that the EPA relied The EPA also evaluated incremental EPA’s decision in accordance with this on, based on the Commonwealth’s non-water quality environmental remand. narrower definition of unconventional. As explained in this notice, the EPA Accordingly, the EPA has re-evaluated 1 The EPA defines unconventional as: 40 CFR recently gathered new data and the available data. In particular, the EPA 435.33(a)(2)(i) Unconventional oil and gas means crude oil and natural gas produced by a well drilled information and performed supporting used information that the oil and gas into a shale and/or tight formation (including, but analyses to update the 2016 record for extraction facilities reported to not limited to, shale gas, shale oil, tight gas, tight the final UOG rule. The scope of the Pennsylvania for 2016 and well oil). Pennsylvania defines an unconventional data collection and analyses discussed formation information from multiple formation as: A geological shale formation existing below the base of the Elk Sandstone or its geologic in this notice pertains only to those oil sources to identify those oil and gas equivalent stratigraphic interval where natural gas and gas extraction facilities in the extraction facilities that discharged any generally cannot be produced at economic flow United States that the EPA has wastewater to POTWs and that are rates or in economic volumes except by vertical or identified to be discharging UOG defined as conventional under horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well wastewater to POTWs at the time it Pennsylvania’s definition, but are bores or other techniques to expose more of the finalized the UOG rule—in other words, defined as unconventional under the formation to the well bore (See DCN SGE01486).

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impacts associated with alternative environmental impacts, and be implementing a Federal requirement for wastewater management approaches. economically achievable, based in part catcher vessels using trawl gear in the These include changes in air emissions, on its findings that no existing UOG Pacific Coast Groundfish fishery solid waste generation, and energy facilities were discharging pollutants to Shorebased Individual Fishing Quota consumption. The incremental change POTWs at the time of the 2016 rule. The (IFQ) Program to complete and submit depends on the alternative wastewater EPA concluded that such standards logbook forms in the absence of similar management approach. For example, would prevent some UOG extraction state regulations. This rule is necessary sludge generation would likely decrease wastewater constituents from largely to continue collection of data vital to if a UOG facility sends its wastewater to ‘‘passing through’’ the POTW untreated, coastwide management of the a UIC well and would likely increase if and then discharged from the POTW to groundfish trawl fishery. it sends its wastewater to a CWT the receiving stream. DATES: Effective July 5, 2019. Comments facility. Even if each UOG operator that The EPA has supplemented that must be received by August 5, 2019. currently sends its wastewater to a rulemaking record to account for the ADDRESSES: Submit your comments, POTW elected to use a wastewater UOG facilities in Pennsylvania that identified by NOAA–NMFS–2019–0031, management approach that were in fact discharging wastewater to by either of the following methods: incrementally increased air emissions, POTWs at the time of the rulemaking. • Federal e-Rulemaking Portal: Go to sludge generation or energy usage, these Based on the EPA’s analysis of the new www.regulations.gov/ changes would be small relative to U.S. information described above, the EPA #!docketDetail;D=NOAA-NMFS-2019- totals for this industry as a whole. concludes that the zero discharge of 0031, click the ‘‘Comment Now!’’ icon, The EPA then conducted a discounted pollutants standard is technologically complete the required fields, and enter cash flow analysis (modeled future available, economically achievable, and or attach your comments. revenue and operation costs) over 10 has acceptable non-water quality • Mail: Submit written comments to years to estimate the potential financial environmental impacts. Based on this Barry A. Thom, Regional Administrator, impacts on these entities. Based on this information, the EPA will not revise the West Coast Region, NMFS, 7600 Sand analysis, the EPA determined that seven 2016 UOG rule. Point Way NE, Seattle, WA 98115–0070. of the 22 entities would have negative Instructions: NMFS may not consider profits irrespective of the UOG rule’s Dated: June 20, 2019. David P. Ross, comments if they are sent by any other incremental costs. For the remaining method, to any other address or Assistant Administrator, Office of Water. entities, when adding in the incremental individual, or received after the costs of the rule, the EPA’s analysis [FR Doc. 2019–14361 Filed 7–3–19; 8:45 am] comment period ends. All comments shows that none of the 15 entities would BILLING CODE 6560–50–P received are a part of the public record be at risk of closure as a result of and NMFS will post for public viewing complying with the UOG rule. on www.regulations.gov without change. In light of the model predictions DEPARTMENT OF COMMERCE All personal identifying information based on 2016 reported data that some (e.g., name, address, etc.), confidential of these entities would have negative National Oceanic and Atmospheric business information, or otherwise profits irrespective of the UOG rule’s Administration sensitive information submitted incremental costs, the EPA also voluntarily by the sender is publicly reviewed oil and gas production data for 50 CFR Part 660 accessible. NMFS will accept all 22 entities as reported to anonymous comments (enter ‘‘N/A’’ in Pennsylvania in 2017. All 22 entities [Docket No. 190214113–9522–01] the required fields if you wish to remain continued to report oil and gas RIN 0648–BI74 production to Pennsylvania, anonymous). Electronic copies of the Regulatory demonstrating that they remain in Magnuson-Stevens Act Provisions; Impact Review (RIR) and the Categorical business. Therefore, the EPA is Fisheries Off West Coast States; Exclusion prepared for this rule may be reporting cost information as a range Pacific Coast Groundfish Fishery; obtained from http:// with the lower value representing Trawl Logbook www.regulations.gov or from the West information for the 15 modeled Coast Region website at http:// profitable entities and the upper value AGENCY: National Marine Fisheries westcoast.fisheries.noaa.gov. representing information for all 22 Service (NMFS), National Oceanic and entities. The EPA’s analysis shows that Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: for 2016, the median incremental costs Department of Commerce. Keeley Kent, phone: 206–526–4655, or would be $131 to $279 per entity and ACTION: Interim final rule, request for email: [email protected]. the total costs of the UOG rule for 2016 comments. SUPPLEMENTARY INFORMATION: would be approximately $33,000 to Background $65,000 (in 2016$). SUMMARY: This interim final rule creates a Federal requirement for vessels using Currently, the states of Washington, IV. Findings trawl gear in the Pacific Coast Oregon, and California require the At the time the EPA promulgated the Groundfish fishery to complete and reporting of trawl fishery data in the 2016 UOG rule, it established a zero submit the trawl logbook form. trawl logbook form. The states use a discharge of pollutant pretreatment Historically, the states of Washington, single, identical logbook form the standard for UOG extraction facilities Oregon, and California each Pacific Fishery Management Council based on alternative wastewater administered state logbook form (Council) developed to collect management approaches. Consistent requirements. However, the California information necessary to effectively with the factors identified in the Clean Fish and Game Commission repealed its manage the groundfish fishery on a Water Act and described in the trawl logbook reporting requirement, coastwide basis. While each state has its preamble to the 2016 rule, the EPA effective July 1, 2019. In order to not own requirement for vessels to complete found these alternatives to be available, lose data reporting coverage from the trawl logbook form, each state have acceptable non-water quality vessels in California, NMFS is transmits the logbooks or logbook data

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to the Pacific States Marine Fisheries the Council, the GMT, the Northwest maintaining the same reporting Commission (PSMFC). PSMFC compiles Fishery Science Center, and the PSMFC timeframe (logbooks due monthly by the the data from the logbooks into the use the data obtained from the logbooks 10th of the month after which fishing PacFIN Coastwide Trawl Logbook in analyses of catch locations and was completed). The logbook forms for Database, and distributes the data to bycatch hotspots, spot verification of trawl vessels operating off California users such as the Council, NMFS, and fish tickets, analyses on gear usage by will continue to be distributed by the the Groundfish Management Team area, stock assessments, and a variety of PSMFC, as they currently are. The only (GMT). In addition to managing the other applications. Additionally, difference that California fishermen will logbook data, the PSMFC prints the Federal groundfish regulations require notice is that the address where the logbook forms and distributes them to vessels to make the logbooks available logbooks must be submitted will Washington and Oregon so that the to fishery observers under the West change. Under this rule, vessels will be states can distribute them to vessels, Coast Groundfish Observer Program required to send logbook forms to the and distributes them directly to the (WCGOP). The observers collect PSFMC, on behalf of NMFS, at: Pacific vessels in California. biological samples and pair these States Marine Fisheries Commission, Washington, Oregon, and California samples with logbook data describing 619 2nd Street, Eureka, CA 95501. have long required trawl vessels to vessel position, target, depth, and NMFS and the PSMFC plan to provide submit information on their fishing retained catch. These data are not pre-addressed and stamped envelopes activity. Since the late 1980’s, all three always accessible from other sources with the logbook forms for return of the states have collected similar data in such as equipment on the ship. Finally, logbooks, as California did, for the first order to facilitate coastwide monitoring the logbook data are also used by the year of the new requirement, with of the groundfish trawl fishery. As a NMFS Office of Law Enforcement and further costs to be evaluated at a later result of this longstanding requirement the U.S. Coast Guard in investigations. date. for the collection of trawl effort data, This rule will continue a longstanding Federal Trawl Logbook Requirement NMFS and the Council have an requirement for the trawl fleet, and extensive dataset on how trawling This rule creates a Federal maintain the way in which the activity has changed over time. This requirement for trawl catcher vessels information is collected and how often data has been especially useful in operating under a limited entry trawl it must be submitted. Therefore, NMFS actions to assess the effects of area permit operating in the Shorebased IFQ expects that there will be minimal management, such as the rockfish Program to complete and submit the public disruption by this rule. conservation areas, and to otherwise trawl logbook form in the absence of a supplement stock assessments, similar state requirement in the state in Changes to Existing Regulations especially for stocks that are managed which the vessel operates. This At its June 2019 meeting, the Council by area. requirement applies to all trawl catcher requested that NMFS promulgate On December 12, 2018, the California vessels off the West Coast, but because regulations to implement a Federal Fish and Wildlife Commission Washington and Oregon have a state requirement to maintain the existing (Commission) voted to repeal its requirement for trawl logbook forms, logbook information collection program requirement for commercial trawl vessels operating in those states will pursuant to Section 402(a)(1) of the vessels to complete and submit the only be subject to their respective state’s Magnuson-Stevens Act. NMFS logbook form, effective July 1, 2019. rules. Should Washington or Oregon determined that the need for a Federal There is no existing Federal requirement choose to rescind their logbook requirement to ensure the continuation for vessels to complete and submit the requirement in the future, vessels of this information collection program is trawl logbook form. Instead, the Federal operating in those states would then be justified, and therefore is publishing requirement is for vessels to follow their subject to this regulation. However, this rule. respective state logbook requirements Washington and Oregon continue to This rule adds paragraphs (50 CFR 660.13(b)). Therefore, without have state requirements for the logbook § 660.12(b)(3) and § 660.13(a)(1) and (2) this rule, trawl vessels off of California form and have not indicated any intent to require trawl vessels operating under would no longer be required to to change the requirement, therefore this a limited entry trawl permit to complete complete and submit the trawl logbook rule will only affect trawl vessels and submit the trawl logbook form in form. operating off of California at this time. the absence of a similar state In 2018, there were 21 trawl vessels Contents and Use of the Trawl Logbook requirement in the state in which the operating in California, 8 of which were vessel operates. The trawl logbook form developed by also participating under the electronic the Council collects fisherman-reported monitoring exempted fishing permit Classification haul-level effort data including tow (EFP), which separately requires The Assistant Administrator for time, tow location, depth of catch, net completion and submission of the trawl Fisheries, NOAA, has determined that type, target strategy, and estimated logbook form. However, vessels may this rule is consistent with the National pounds of fish retained per tow. Most move in and out of the EFP, therefore 21 Standards, other provisions of the data is collected while the vessel is vessels is the maximum pool of affected Magnuson-Stevens Act, and other fishing, with only buyer information vessels. Overall, there were applicable laws. collected upon landing. Each trawl log approximately 97 trawl vessels Due to the abbreviated timeline represents a single fishing trip. The operating in the fishery coastwide in within which the repeal of California’s logbook forms are due monthly to each 2018, therefore this action will affect regulation will be effective (July 1, state, and the data is matched to a about 22 percent off the trawl fleet off 2019), and the negative effects of a landing receipt (fish ticket) summary of the West Coast. logbook coverage gap for all entities that data submitted by seafood processors. This rule is structured to minimize depend on the information obtained This matching step acts as a data the impact on trawl vessels off of through the logbook, pursuant to 5 corroboration process for landings, and California by maintaining the identical U.S.C. 553(b)(B), there is good cause to allows the PSMFC to identify and logbook form that vessels have been waive prior notice and an opportunity correct any errors in the data. NMFS, using for the past several years and by for public comment on this action, as

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notice and comment would be interim final rule until August 5, 2019. fishing activities as specified in impracticable and contrary to the public Please see ADDRESSES for more § 660.13(a)(1). interest. If the implementation of this information on the ways to submit * * * * * requirement were to be delayed, there comments. ■ 3. In § 660.13, add paragraphs (a)(1) would be gaps in the collection of trawl Because prior notice and opportunity and (2) to read as follows: effort data for vessels off of California. for public comment are not required for This gap would have a significant this rule by 5 U.S.C. 553, or any other § 660.13 Recordkeeping and reporting. detrimental impact on the dataset and law, the analytical requirements of the (a) * * * Regulatory Flexibility Act, 5 U.S.C. 601 its utility for management purposes as a (1) Trawl logbook. In the absence of a et seq., are inapplicable. continuous time series for stock state trawl logbook requirement based assessments, as fine scale data on Collection of Information Requirements on the port of landing, the authorized protected species catch, for data representative of the commercial trawl validation of fish tickets, and for This action contains a new information collection requirement fishing vessel registered to a limited enforcement purposes. Of specific entry permit with a trawl gear concern, the Council is increasingly subject to the Paperwork Reduction Act (PRA), which has been submitted for endorsement participating in the moving towards using targeted bycatch Shorebased IFQ Program groundfish hotspot closures as a means to manage approval by the Office of Management and Budget (OMB) under OMB Control trawl fisheries must keep and submit a take of protected or prohibited species. complete and accurate record of fishing Without catch data by area collected in Number 0648–XXXX. Send comments regarding these activities in the trawl logbook form. The the trawl logbook form, this type of following requirements apply: targeted closures are difficult to enact. burden estimates or any other aspect of (i) The authorized representative of Additionally, observers in the West this data collection, including the vessel must keep the trawl logbook Coast Groundfish Observer Program suggestions for reducing the burden, to form on board the vessel while engaged regularly use the information in the NMFS (see ADDRESSES), and by email to _ in, or returning from, all Shorebased logbook during a trip to apportion OIRA [email protected], or fax IFQ Program trips using groundfish biological data by area, and this to 202–395–5806. trawl gear, and must immediately biological data is used in stock Notwithstanding any other provision surrender the logbook form upon assessments and other catch and of the law, no person is required to demand to NMFS or other authorized bycatch reporting. If NMFS went respond to, nor shall any person be officers. through notice and comment subject to a penalty for failure to comply rulemaking, the resulting three-month with, a collection of information subject (ii) The authorized representative of delay would mean a significant portion to the requirements of the PRA, unless the vessel must complete the trawl of the 2019 trawl fishing season would that collection of information displays a logbook form on all Shorebased IFQ lack complete data from trawl activities currently valid OMB control number. Program trips using groundfish trawl off of California. There would be no way All currently approved NOAA gear, with all available information, to corroborate landings reports during collections of information may be except for information not yet this time, or for observers to be able to viewed at: http://www.cio.noaa.gov/ ascertainable, prior to entering port. The _ match biological samples and catch or services programs/prasubs.html. logbook form must be completed as soon as the information becomes discard records to a specific area, or for List of Subjects in 50 CFR Part 660 NMFS Office of Law Enforcement to available. The information on the Fisheries, Fishing, Reporting and have information to investigate fisheries logbook form will include at a recordkeeping requirements. violations. For these reasons, NMFS minimum: Vessel name, vessel trip start finds good cause to waive prior notice Dated: July 1, 2019. and end dates, crew size, tow start, tow completion, location of tow, average and an opportunity for public comment Alan D. Risenhoover, depth of catch, net type, target strategy, on this action. For the same reasons, Acting Deputy Assistant Administrator for and estimated retained pounds by NMFS also finds good cause, pursuant Regulatory Programs, National Marine to 5 U.S.C. 553(d)(3), to waive the 30- Fisheries Service. species. (iii) The authorized representative of day delay in the date of effectiveness, so For the reasons set out in the that this interim final rule may become the vessel must deliver the NMFS copy preamble, 50 CFR part 660 is amended of the trawl logbook form by mail or in effective upon publication in the as follows: Federal Register. Because this person to NMFS or its agent. The requirement will mirror the requirement PART 660—FISHERIES OFF WEST authorized representative of the vessel these vessels have been subject to under COAST STATES must transmit the logbook form on or California law since the 1980s, NMFS before the 10th day of each month does not expect that this interim final ■ 1. The authority citation for part 660 following the month to which the rule will cause any concern or continues to read as follows: records pertain. disruption to participants in the fishery. Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. (iv) The authorized representative of This interim final rule has been 773 et seq., and 16 U.S.C. 7001 et seq. the vessel responsible for submitting the trawl logbook forms must maintain a determined to be not significant for ■ 2. In § 660.12, add paragraph (b)(3) to copy of all submitted logbooks for up to purposes of Executive Order 12866. read as follows: There are no relevant Federal rules three years after the fishing activity that may duplicate, overlap, or conflict § 660.12 General groundfish prohibitions. ended. with this action. * * * * * (2) [Reserved] Although we are waiving prior notice (b) * * * * * * * * and opportunity for public comment, (3) Falsify or fail to prepare and/or [FR Doc. 2019–14351 Filed 7–3–19; 8:45 am] we are requesting comments on this file, retain or make available records of BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 84, No. 129

Friday, July 5, 2019

This section of the FEDERAL REGISTER 30, West Building Ground Floor, Room The FAA will post all comments contains notices to the public of the proposed W12–140, 1200 New Jersey Avenue SE, received, without change, to http:// issuance of rules and regulations. The Washington, DC 20590, between 9 a.m. regulations.gov, including any personal purpose of these notices is to give interested and 5 p.m., Monday through Friday, information you provide. The FAA will persons an opportunity to participate in the except Federal holidays. also post a report summarizing each rule making prior to the adoption of the final rules. For service information identified in substantive verbal contact received this proposed AD, contact PILATUS about this proposed AD. Aircraft Ltd., Customer Technical Discussion DEPARTMENT OF TRANSPORTATION Support (MCC), P.O. Box 992, CH–6371 Stans, Switzerland; phone: +41 (0)41 The European Aviation Safety Agency Federal Aviation Administration 619 67 74; fax: +41 (0)41 619 67 73; (EASA), which is the Technical Agent email: techsupport@pilatus- for the Member States of the European 14 CFR Part 39 aircraft.com; internet: http:// Community, has issued AD No. 2018– www.pilatus-aircraft.com. You may 0222, dated October 19, 2018 (referred [Docket No. FAA–2019–0536; Product review this referenced service to after this as ‘‘the MCAI’’), to correct Identifier 2018–CE–054–AD] information at the FAA, Policy and an unsafe condition for the specified RIN 2120–AA64 Innovation Division, 901 Locust, Kansas products. The MCAI states: City, Missouri 64106. For information During a recent check flight with a PC–6, Airworthiness Directives; Pilatus on the availability of this material at the the pilot experienced loss of rudder control. Aircraft Ltd. Airplanes FAA, call (816) 329–4148. The consequent precautionary landing resulted in a runway excursion and damage AGENCY: Federal Aviation Examining the AD Docket to the aeroplane, but without serious injuries Administration (FAA), Department of You may examine the AD docket on to the occupants. The post-event inspection Transportation (DOT). of the affected rudder shaft assembly found the internet at http:// an incorrect rivet configuration. Subsequent ACTION: Notice of proposed rulemaking www.regulations.gov by searching for investigation results identified that the (NPRM). and locating Docket No. FAA–2019– tapered pins had been replaced with an 0536; or in person at Docket Operations insufficient quantity of rivets of unknown SUMMARY: The FAA proposes to adopt a between 9 a.m. and 5 p.m., Monday origin, which effectively constituted a new airworthiness directive (AD) for through Friday, except Federal holidays. modification that does not conform to any of Pilatus Aircraft Ltd. Models PC–6, PC– The AD docket contains this proposed the three different Pilatus-approved 6/350, PC–6/350–H1, PC–6/350–H2, AD, the regulatory evaluation, any configurations. Prompted by this event, five PC–6/A, PC–6/A–H1, PC–6/A–H2, PC– more aeroplanes were inspected and various comments received, and other non-standard rivet configurations were found 6/B–H2, PC–6/B1–H2, PC–6/B2–H2, information. The street address for PC–6/B2–H4, PC–6/C–H2, PC–6/C1–H2, in the same area. It cannot be excluded that Docket Operations is listed above. more PC–6 aeroplanes have had a similar PC–6–H1, and PC–6–H2 airplanes. This Comments will be available in the AD modification applied. proposed AD results from mandatory docket shortly after receipt. This condition, if not detected and continuing airworthiness information corrected, could lead to failure or loss of FOR FURTHER INFORMATION CONTACT: (MCAI) originated by an aviation rivets, possibly resulting in reduced control authority of another country to identify Doug Rudolph, Aerospace Engineer, of the aeroplane. and correct an unsafe condition on an FAA, Small Airplane Standards Branch, To address this potential unsafe condition, aviation product. The MCAI describes 901 Locust, Room 301, Kansas City, Pilatus Aircraft Ltd issued the [service the unsafe condition as rudder shaft Missouri 64106; telephone: (816) 329– bulletin] SB to provide inspection instructions. assemblies with incorrect rivet 4059; fax: (816) 329–4090; email: [email protected]. For the reasons described above, this configuration. The FAA is proposing [EASA] AD requires a one-time inspection of SUPPLEMENTARY INFORMATION: this AD to require actions that address the affected part to determine the rivet the unsafe condition on these products. Comments Invited configuration and, depending on findings, accomplishment of applicable corrective DATES: The FAA must receive comments The FAA invites you to send any on this proposed AD by August 19, action(s). This [EASA] AD also requires written relevant data, views, or inspection of affected parts held as spare, and 2019. arguments about this proposed AD. depending on findings, corrective action(s), ADDRESSES: You may send comments by Send your comments to an address prior to installation. any of the following methods: listed under the ADDRESSES section. You may examine the MCAI on the • Federal eRulemaking Portal: Go to Include ‘‘Docket No.FAA–2019–0536; internet at http://www.regulations.gov http://www.regulations.gov. Follow the Product Identifier 2018–CE–054–AD’’ at by searching for and locating Docket No. instructions for submitting comments. the beginning of your comments. The FAA–2019–0536. • Fax: (202) 493–2251. FAA specifically invites comments on • Mail: U.S. Department of the overall regulatory, economic, Related Service Information Under 1 Transportation, Docket Operations, M– environmental, and energy aspects of CFR Part 51 30, West Building Ground Floor, Room this proposed AD. The FAA will Pilatus Aircraft Ltd. (Pilatus) has W12–140, 1200 New Jersey Avenue SE, consider all comments received by the issued Pilatus PC–6 Service Bulletin No. Washington, DC 20590. closing date and may amend this 27–006, Rev. No. 1, dated September 4, • Hand Delivery: U.S. Department of proposed AD because of those 2018. The service information contains Transportation, Docket Operations, M– comments. procedures for inspecting the rivet

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configuration on the rudder shaft unsafe condition that is likely to exist or (d) Subject assembly for size, quantity, location, develop on products identified in this Air Transport Association of America and type and contacting Pilatus to rulemaking action. (ATA) Code 55: Stabilizers. obtain repair instructions if any Regulatory Findings (e) Reason discrepancies are found. This service information is reasonably available The FAA determined that this This AD was prompted by mandatory continuing airworthiness information (MCAI) because the interested parties have proposed AD would not have federalism implications under Executive Order originated by an aviation authority of another access to it through their normal course country to identify and correct an unsafe of business or by the means identified 13132. This proposed AD would not condition on an aviation product. The MCAI in the ADDRESSES section. have a substantial direct effect on the describes the unsafe condition as rudder States, on the relationship between the shaft assemblies with incorrect rivet FAA’s Determination and Requirements national Government and the States, or configuration. The FAA is issuing this AD to of This Proposed AD on the distribution of power and prevent rudder shaft assembly failure, which This product has been approved by responsibilities among the various could result in reduced control of the the aviation authority of another levels of government. airplane. country, and is approved for operation For the reasons discussed above, I (f) Actions and Compliance in the United States. Pursuant to our certify this proposed regulation: Unless already done, do the following bilateral agreement with this State of (1) Is not a ‘‘significant regulatory actions in paragraphs (f)(1) and (2) of this Design Authority, they have notified us action’’ under Executive Order 12866, AD: of the unsafe condition described in the (2) Will not affect intrastate aviation (1) Within the next 100 hours time-in- MCAI and service information in Alaska, and service after the effective date of this AD or referenced above. The FAA is proposing (3) Will not have a significant within the next 12 months after the effective this AD because it evaluated all economic impact, positive or negative, date of this AD, whichever occurs first, information and determined the unsafe on a substantial number of small entities inspect the rudder shaft assembly for proper rivet configuration and repair any condition exists and is likely to exist or under the criteria of the Regulatory Flexibility Act. discrepancies before further flight in develop on other products of the same accordance with the Accomplishment type design. List of Subjects in 14 CFR Part 39 Instructions—Part 1, paragraph 3.B. and table Costs of Compliance Air transportation, Aircraft, Aviation 1, of Pilatus PC–6 Service Bulletin No: 27– 006, Rev. No. 1, dated September 4, 2018. The FAA estimates that this proposed safety, Incorporation by reference, (2) After the effective date of this AD, do AD will affect 30 products of U.S. Safety. not install a rudder shaft assembly on any registry. The FAA also estimates that it The Proposed Amendment airplane unless it has been inspected in would take about 7 work-hours per accordance with paragraph (f)(1) of this AD Accordingly, under the authority product to comply with the inspection and found to be free of discrepancies or all delegated to me by the Administrator, requirement of this proposed AD. The discrepancies have been repaired or replaced. the FAA proposes to amend 14 CFR part average labor rate is $85 per work-hour. (g) Alternative Methods of Compliance 39 as follows: Based on these figures, the FAA (AMOCs) estimates the cost of this proposed AD PART 39—AIRWORTHINESS The Manager, Small Airplane Standards on U.S. operators to be $17,850, or $595 DIRECTIVES Branch, FAA, has the authority to approve per product. AMOCs for this AD, if requested using the Since the repair instructions could ■ 1. The authority citation for part 39 procedures found in 14 CFR 39.19. Send vary significantly if discrepancies are continues to read as follows: information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane found during the inspections, the FAA Authority: 49 U.S.C. 106(g), 40113, 44701. has no way of determining the number Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: of products that may need follow-on § 39.13 [Amended] (816) 329–4059; fax: (816) 329–4090; email: actions or what the cost per product ■ 2. The FAA amends § 39.13 by adding [email protected]. Before using any would be. the following new airworthiness approved AMOC on any airplane to which Authority for This Rulemaking directive (AD): the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Title 49 of the United States Code Pilatus Aircraft Ltd.: Docket No. FAA–2019– 0536; Product Identifier 2018–CE–054–AD. Standards District Office (FSDO), or lacking specifies the FAA’s authority to issue a PI, your local FSDO. (a) Comments Due Date rules on aviation safety. Subtitle I, (h) Related Information section 106, describes the authority of The FAA must receive comments by the FAA Administrator. ‘‘Subtitle VII: August 19, 2019. Refer to MCAI European Aviation Safety Agency AD No. 2018–0222, dated October Aviation Programs,’’ describes in more (b) Affected ADs 19, 2018, for related information. You may detail the scope of the Agency’s None. examine the MCAI on the internet at http:// authority. www.regulations.gov by searching for and The FAA is issuing this rulemaking (c) Applicability locating Docket No. FAA–2019–0536. For under the authority described in This AD applies to Pilatus Aircraft Ltd. service information related to this AD, ‘‘Subtitle VII, Part A, Subpart III, section (Pilatus) Models PC–6, PC–6/350, PC–6/350– contact PILATUS Aircraft Ltd., Customer 44701: General requirements.’’ Under H1, PC–6/350–H2, PC–6/A, PC–6/A–H1, PC– Technical Support (MCC), P.O. Box 992, CH– that section, Congress charges the FAA 6/A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/ 6371 Stans, Switzerland; phone: +41 (0)41 with promoting safe flight of civil B2–H2, PC–6/B2–H4, PC–6/C–H2, PC–6/C1– 619 67 74; fax: +41 (0)41 619 67 73; email: H2, PC–6–H1, and PC–6–H2 airplanes, all aircraft in air commerce by prescribing [email protected]; internet: serial numbers, certificated in any category. http://www.pilatus-aircraft.com. You may regulations for practices, methods, and Note 1 to paragraph (c) of this AD: These review this referenced service information at procedures the Administrator finds airplanes may also be identified as Fairchild the FAA, Policy and Innovation Division, 901 necessary for safety in air commerce. Republic Company airplanes, Fairchild Heli Locust, Kansas City, Missouri 64106. For This regulation is within the scope of Porter airplanes, or Fairchild-Hiller information on the availability of this that authority because it addresses an Corporation airplanes. material at the FAA, call (816) 329–4148.

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Issued in Fort Worth, Texas, on June 26, p.m., Monday through Friday, except Discussion 2019. Federal holidays. The FAA issued AD 2017–16–08, James A. Grigg, For service information identified in Amendment 39–18985 (82 FR 42021, Acting Deputy Director for Regulatory this NPRM, contact Embraer S.A., September 6, 2017) (‘‘AD 2017–16–08’’), Operations, Compliance & Airworthiness Technical Publications Section (PC for certain Embraer S.A. Model ERJ 190– Division, Aircraft Certification Service. 060), Av. Brigadeiro Faria Lima, 2170— 100 STD, –100 LR, –100 ECJ and –100 [FR Doc. 2019–14199 Filed 7–3–19; 8:45 am] Putim—12227–901 Sa˜o Jose dos IGW airplanes and Model ERJ 190–200 BILLING CODE 4910–13–P Campos—SP—Brasil; telephone +55 12 STD, –200 LR, and –200 IGW airplanes. 3927–5852 or +55 12 3309–0732; fax AD 2017–16–08 requires revising the +55 12 3927–7546; email distrib@ DEPARTMENT OF TRANSPORTATION existing maintenance or inspection embraer.com.br; internet http:// program, as applicable, to incorporate Federal Aviation Administration www.flyembraer.com. You may view more restrictive airworthiness this referenced service information at limitations. AD 2017–16–08 resulted 14 CFR Part 39 the FAA, Transport Standards Branch, from a determination that more 2200 South 216th St., Des Moines, WA. restrictive airworthiness limitations are [Docket No. FAA–2019–0519; Product For information on the availability of necessary. The FAA issued AD 2017– Identifier 2019–NM–089–AD] this material at the FAA, call 206–231– 16–08 to address fatigue cracking of RIN 2120–AA64 3195. structural components and to address failure of certain system components; Examining the AD Docket Airworthiness Directives; Embraer S.A. these conditions could result in reduced Airplanes You may examine the AD docket on structural integrity and system reliability of the airplane. AGENCY: Federal Aviation the internet at http:// Administration (FAA), DOT. www.regulations.gov by searching for Actions Since AD 2017–16–08 Was ACTION: Notice of proposed rulemaking and locating Docket No. FAA–2019– Issued (NPRM). 0519; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday The Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC), which is the aviation SUMMARY: The FAA proposes to through Friday, except Federal holidays. supersede Airworthiness Directive (AD) The AD docket contains this NPRM, the authority for Brazil, has issued Brazilian 2017–16–08, which applies to certain regulatory evaluation, any comments AD 2019–05–02, effective May 2, 2019 Embraer S.A. Model ERJ 190–100 STD, received, and other information. The (referred to after this as the Mandatory –100 LR, –100 IGW, and –100 ECJ street address for Docket Operations is Continuing Airworthiness Information, airplanes; and Model ERJ 190–200 STD, listed above. Comments will be or ‘‘the MCAI’’), to correct an unsafe –200 LR, and –200 IGW airplanes. AD available in the AD docket shortly after condition for certain Embraer S.A. 2017–16–08 requires revising the receipt. Model ERJ 190–100 STD, –100 LR, –100 ECJ, and –100 IGW airplanes; and existing maintenance or inspection FOR FURTHER INFORMATION CONTACT: program, as applicable, to incorporate Model ERJ 190–200 STD, –200 LR, and Krista Greer, Aerospace Engineer, –200 IGW airplanes. The MCAI states: more restrictive airworthiness International Section, Transport This [Brazilian] AD was prompted by a limitations. Since the FAA issued AD Standards Branch, FAA, 2200 South 2017–16–08, the FAA determined that new revision to the airworthiness limitations 216th St., Des Moines, WA 98198; of the Maintenance Review Board Report. new or more restrictive airworthiness telephone and fax 206–231–3221. limitations are necessary. This proposed This [Brazilian] AD is being issued to ensure that fatigue cracking of principal structural SUPPLEMENTARY INFORMATION: AD would require revising the existing elements is detected and corrected. Such maintenance or inspection program, as Comments Invited fatigue cracking could adversely affect the applicable, to incorporate new or more structural integrity of these airplanes. restrictive airworthiness limitations. The FAA invites you to send any The required action is revising the This proposed AD would also add written relevant data, views, or existing maintenance or inspection airplanes to the applicability. The FAA arguments about this proposal. Send program, as applicable, to incorporate is proposing this AD to address the your comments to an address listed the airworthiness limitations in unsafe condition on these products. under the ADDRESSES section. Include Appendix A—Airworthiness DATES: The FAA must receive comments ‘‘Docket No. FAA–2019–0519; Product Limitations to the EMBRAER 190/195 on this proposed AD by August 19, Identifier 2019–NM–089–AD’’ at the Maintenance Review Board Report, 2019. beginning of your comments. The FAA MRB–1928, Revision 12, dated ADDRESSES: You may send comments, specifically invites comments on the September 27, 2018; and Appendix A— using the procedures found in 14 CFR overall regulatory, economic, Airworthiness Limitation to the 11.43 and 11.45, by any of the following environmental, and energy aspects of EMBRAER Lineage 1000/1000E methods: this proposed AD. The FAA will Maintenance Planning Guide, MPG– • Federal eRulemaking Portal: Go to consider all comments received by the 2928, Revision 8, dated October 10, http://www.regulations.gov. Follow the closing date and may amend this 2018; as applicable. The service instructions for submitting comments. proposed AD based on those comments. information is divided into four parts: • Fax: 202–493–2251. The FAA will post all comments Part 1—Certification Maintenance • Mail: U.S. Department of received, without change, to http:// Requirements (CMR), Part 2— Transportation, Docket Operations, www.regulations.gov, including any Airworthiness Limitation Inspections M–30, West Building Ground Floor, personal information you provide. The (ALI)—Structures, Part 3—Fuel System Room W12–140, 1200 New Jersey FAA will also post a report Limitation Items (FSL), and Part 4—Life Avenue SE, Washington, DC 20590. summarizing each substantive verbal Limited Items (LLI). • Hand Delivery: Deliver to Mail contact received about this proposed You may examine the MCAI in the address above between 9 a.m. and 5 AD. AD docket on the internet at http://

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www.regulations.gov by searching for Design Authority, the FAA has been estimate. Therefore, the FAA estimates and locating Docket No. FAA–2019– notified of the unsafe condition the total cost per operator to be $7,650 0519. described in the MCAI and service (90 work-hours × $85 per work-hour). information referenced above. The FAA Related Service Information Under 1 is proposing this AD because the agency Authority for This Rulemaking CFR Part 51 evaluated all the relevant information Title 49 of the United States Code Embraer has issued Part 1— and determined the unsafe condition Certification Maintenance Requirements specifies the FAA’s authority to issue described previously is likely to exist or rules on aviation safety. Subtitle I, (CMR); Part 2—Airworthiness develop on other products of the same section 106, describes the authority of Limitation Inspections (ALI)— type design. Structures; Part 3—Fuel System the FAA Administrator. Subtitle VII: Limitation Items (FSL); and Part 4—Life Proposed Requirements of This NPRM Aviation Programs, describes in more Limited Items (LLI); of Appendix A— This proposed AD would retain all of detail the scope of the Agency’s Airworthiness Limitations; to the the requirements of AD 2017–16–08. authority. EMBRAER 190/195 Maintenance This proposed AD would require The FAA is issuing this rulemaking Review Board Report, MRB–1928, revising the existing maintenance or under the authority described in Revision 12, dated September 27, 2018. inspection program, as applicable, to Subtitle VII, Part A, Subpart III, Section Embraer has also issued Part 1— incorporate new or more restrictive 44701: ‘‘General requirements.’’ Under Certification Maintenance Requirements airworthiness limitations. This that section, Congress charges the FAA (CMR); Part 2—Airworthiness proposed AD would also add airplanes with promoting safe flight of civil Limitation Inspections (ALI)— having serial numbers 19000697 aircraft in air commerce by prescribing Structures; Part 3—Fuel System through 19000758 inclusive to the regulations for practices, methods, and Limitation Items (FSL); and Part 4—Life applicability. procedures the Administrator finds Limited Items (LLI); of Appendix A— This proposed AD would require necessary for safety in air commerce. Airworthiness Limitations; to the revisions to certain operator This regulation is within the scope of EMBRAER Lineage 1000/1000E maintenance documents to include new that authority because it addresses an Maintenance Planning Guide, MPG– actions (e.g., inspections) and Critical unsafe condition that is likely to exist or 2928, Revision 8, dated October 10, Design Configuration Control develop on products identified in this 2018. Limitations (CDCCLs). Compliance with rulemaking action. This service information describes these actions and CDCCLs is required by airworthiness limitations for fuel tank 14 CFR 91.403(c). For airplanes that This proposed AD is issued in systems, safe life limits, and have been previously modified, altered, accordance with authority delegated by certification maintenance requirements. or repaired in the areas addressed by the Executive Director, Aircraft These documents are distinct since they this proposed AD, the operator may not Certification Service, as authorized by apply to different airplane models. be able to accomplish the actions FAA Order 8000.51C. In accordance This proposed AD would also require described in the revisions. In this with that order, issuance of ADs is Appendix A—Airworthiness situation, to comply with 14 CFR normally a function of the Compliance Limitations (AL), of the EMBRAER ERJ 91.403(c), the operator must request and Airworthiness Division, but during 190/195 Maintenance Review Board approval for an alternative method of this transition period, the Executive Report, MRB–1928, Revision 9, dated compliance according to paragraph Director has delegated the authority to August 14, 2015; Appendix A— (k)(1) of this proposed AD. issue ADs applicable to transport Airworthiness Limitations (AL), of the category airplanes and associated EMBRAER Lineage 1000/1000E Costs of Compliance appliances to the Director of the System Maintenance Planning Guide, MPG– The FAA estimates that this proposed Oversight Division. 2928, Revision 4, dated July 14, 2014; AD affects 107 airplanes of U.S. registry. EMBRAER MPG—Temporary Revision The FAA estimates the following Regulatory Findings 4–2, dated February 13, 2015; costs to comply with this proposed AD: The FAA determined that this The actions that are required by AD EMBRAER MPG—Temporary Revision proposed AD would not have federalism 2017–16–08 and retained in this NPRM 4–3, dated October 30, 2015; EMBRAER implications under Executive Order take about 1 work-hour per product, at MRB—Temporary Revision 9–1, dated 13132. This proposed AD would not an average labor rate of $85 per work October 27, 2015; and EMBRAER have a substantial direct effect on the hour. Required parts cost about $0 per MRB—Temporary Revision 9–3, dated States, on the relationship between the product. Based on these figures, the October 27, 2015; which the Director of national Government and the States, or estimated cost of the actions that were the Federal Register approved for on the distribution of power and required by AD 2017–16–08 is $85 per incorporation by reference as of October responsibilities among the various product. 11, 2017 (82 FR 42021, September 6, levels of government. 2017). The FAA has determined that revising This service information is reasonably the existing maintenance or inspection For the reasons discussed above, I available because the interested parties program takes an average of 90 work- certify this proposed regulation: have access to it through their normal hours per operator, although the agency (1) Is not a ‘‘significant regulatory course of business or by the means recognizes that this number may vary action’’ under Executive Order 12866, identified in the ADDRESSES section. from operator to operator. In the past, the FAA has estimated that this action (2) Will not affect intrastate aviation FAA’s Determination takes 1 work-hour per airplane. Since in Alaska, and This product has been approved by operators incorporate maintenance or (3) Will not have a significant the aviation authority of another inspection program changes for their economic impact, positive or negative, country, and is approved for operation affected fleet(s), the FAA has on a substantial number of small entities in the United States. Pursuant to a determined that a per-operator estimate under the criteria of the Regulatory bilateral agreement with the State of is more accurate than a per-airplane Flexibility Act.

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List of Subjects in 14 CFR Part 39 (g) Retained Revision of Maintenance or 2015; and EMBRAER MPG—Temporary Inspection Program, With No Changes Revision 4–3, dated October 30, 2015; with Air transportation, Aircraft, Aviation This paragraph restates the requirements of the thresholds and intervals stated in these safety, Incorporation by reference, paragraph (i) of AD 2017–16–08, with no documents. The initial compliance times for Safety. changes. For airplanes having serial numbers the tasks are at the later of the times specified 19000002, 19000004, 19000006 through in paragraphs (g)(2)(i) and (g)(2)(ii) of this The Proposed Amendment 19000213 inclusive, 19000215 through AD. 19000276 inclusive, 19000278 through (i) Within the applicable times specified in Part 1, Certification Maintenance Accordingly, under the authority 19000466 inclusive, 19000468 through Requirements, Part 2, Airworthiness delegated to me by the Administrator, 19000525 inclusive, and 19000527 through Limitation Inspections—Structures, Part 3, the FAA proposes to amend 14 CFR part 19000696 inclusive, do the revision required Fuel System Limitation Items, and Part 4, 39 as follows: by paragraph (g)(1) or (g)(2) of this AD, as Life Limited Items, of Appendix A— applicable. Airworthiness Limitations (AL), of the (1) For Model ERJ 190–100 STD, ERJ 190– PART 39—AIRWORTHINESS EMBRAER Lineage 1000/1000E Maintenance 100 LR, ERJ 190–100 IGW, ERJ 190–200 STD, DIRECTIVES Planning Guide, MPG–2928, Revision 4, ERJ 190–200 LR, and ERJ 190–200 IGW dated July 14, 2014; EMBRAER MPG— ■ airplanes: Within 90 days after October 11, Temporary Revision 4–2, dated February 13, 1. The authority citation for part 39 2017 (the effective date of AD 2017–16–08), continues to read as follows: 2015; and EMBRAER MPG—Temporary revise the maintenance or inspection Revision 4–3, dated October 30, 2015. Where Authority: 49 U.S.C. 106(g), 40113, 44701. program, as applicable, to incorporate the tasks are listed in both MPG–2928, Revision tasks specified in Part 2—Airworthiness 4, and a temporary revision, the compliance § 39.13 [Amended] Limitation Inspections—Structures, of times in the temporary revision take Appendix A—Airworthiness Limitations precedence. ■ 2. The FAA amends § 39.13 by (AL), of the EMBRAER 190/195 Maintenance removing Airworthiness Directive (AD) (ii) Within 90 days or 600 flight cycles after Review Board Report, MRB–1928, Revision 9, October 11, 2017 (the effective date AD 2017–16–08, Amendment 39–18985 (82 dated August 14, 2015 (‘‘MRB–1928, 2017–16–08), whichever occurs later. FR 42021, September 6, 2017), and Revision 9’’); EMBRAER MRB—Temporary adding the following new AD: Revision 9–1, dated October 27, 2015, to Part (h) Retained No Alternative Actions 2—Airworthiness Limitation Inspections— Intervals, and/or Critical Design Embraer S.A: Docket No. FAA–2019–0519; Structures, and Part 4—Life Limited Items, of Configuration Control Limitations (CDCCLs), Product Identifier 2019–NM–089–AD. Appendix A—Airworthiness Limitations With New Exception (a) Comments Due Date (AL), of MRB–1928, Revision 9; and This paragraph restates the action required EMBRAER MRB—Temporary Revision 9–3, by paragraph (j) of AD 2017–16–08, with a The FAA must receive comments by dated October 27, 2015, to Part 2— new exception. Except as required by August 19, 2019. Airworthiness Limitation Inspections— paragraph (i) of this AD, after Structures, of Appendix A—Airworthiness (b) Affected ADs accomplishment of the revision required by Limitations (AL), of MRB–1928, Revision 9; paragraph (g) of this AD, no alternative This AD replaces AD 2017–16–08, with the thresholds and intervals stated in actions (e.g., inspections), intervals, and/or Amendment 39–18985 (82 FR 42021, these documents. The initial compliance CDCCLs may be used unless the actions, September 6, 2017) (‘‘AD 2017–16–08’’). times for the tasks are at the later of the times intervals, and/or CDCCLs are approved as an specified in paragraphs (g)(1)(i) and (g)(1)(ii) (c) Applicability AMOC in accordance with the procedures of this AD. specified in paragraph (k)(1) of this AD. This AD applies to Embraer S.A. Model (i) Within the applicable times specified in ERJ 190–100 STD, –100 LR, –100 ECJ, and MRB–1928, Revision 9; EMBRAER MRB— (i) New Requirement of This AD: –100 IGW airplanes; and Model ERJ 190–200 Temporary Revision 9–1, dated October 27, Maintenance or Inspection Program STD, –200 LR, and –200 IGW airplanes; 2015, to Part 2—Airworthiness Limitation Revision certificated in any category; serial numbers Inspections—Structures, and Part 4—Life (1) For Model ERJ 190–100 STD, ERJ 190– 19000002, 19000004, 19000006 through Limited Items, of Appendix A— 100 LR, ERJ 190–100 IGW, ERJ 190–200 STD, 19000213 inclusive, 19000215 through Airworthiness Limitations (AL), of MRB– ERJ 190–200 LR, and ERJ 190–200 IGW 19000276 inclusive, 19000278 through 1928, Revision 9; and EMBRAER MRB— airplanes: Within 90 days after the effective Temporary Revision 9–3, dated October 27, 19000466 inclusive, 19000468 through date of this AD, revise the existing 2015, to Part 2—Airworthiness Limitation 19000525 inclusive, and 19000527 through maintenance or inspection program, as Inspections—Structures, of Appendix A— 19000758 inclusive. applicable, to incorporate the information Airworthiness Limitations (AL), of MRB– specified in Part 1—Certification (d) Subject 1928, Revision 9. Where tasks are listed in Maintenance Requirements (CMR); Part 2— both MRB–1928, Revision 9, and a temporary Air Transport Association (ATA) of Airworthiness Limitation Inspections (ALI)— revision, the compliance times in the Structures; Part 3—Fuel System Limitation America Codes 27, Flight controls; 28, Fuel; temporary revision take precedence. 52, Doors; 53, Fuselage; 54, Nacelles/pylons; Items (FSL); and Part 4—Life Limited Items (ii) Within 90 days or 600 flight cycles after (LLI); of Appendix A—Airworthiness 55, Stabilizers; 57, Wings; 71, Powerplant; October 11, 2017 (the effective date of AD Limitations; to the EMBRAER 190/195 and 78, Exhaust. 2017–16–08), whichever occurs later. Maintenance Review Board Report, MRB– (e) Reason (2) For Model ERJ 190–100 ECJ airplanes: 1928, Revision 12, dated September 27, 2018 Within 90 days after October 11, 2017 (the (‘‘EMBRAER 190/195 MRB–1928, Revision This AD was prompted by a determination effective date of AD 2017–16–08), revise the 12’’). The initial compliance time for doing that new or more restrictive airworthiness maintenance or inspection program, as the tasks are at the later of the times specified limitations are necessary. The FAA is issuing applicable, to incorporate the tasks specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. this AD to address fatigue cracking of in Part 1—Certification Maintenance Accomplishing the revision required by this structural components and to address failure Requirements, Part 2—Airworthiness paragraph terminates the requirements of of certain system components, which could Limitation Inspections—Structures, Part 3— paragraph (g)(1) of this AD. result in reduced structural integrity and Fuel System Limitation Items, and Part 4— (i) Within the applicable times specified in system reliability of the airplane. Life Limited Items, of Appendix A— EMBRAER 190/195 MRB–1928, Revision 12. Airworthiness Limitations (AL), of the For the purposes of this AD, the initial (f) Compliance EMBRAER Lineage 1000/1000E Maintenance compliance times (identified as ’’Threshold’’ Comply with this AD within the Planning Guide, MPG–2928, Revision 4, or ’’T’’ in EMBRAER 190/195 MRB–1928, compliance times specified, unless already dated July 14, 2014; EMBRAER MPG— Revision 12) are expressed in ‘‘total flight done. Temporary Revision 4–2, dated February 13, cycles.’’

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(ii) Within 90 days or 600 flight cycles after the Manager, International Section, Transport Core Principles, published May 16, 2019 the effective date of this AD, whichever Standards Branch, FAA; or the Ageˆncia at 84 FR 22226, is extended through occurs later. Nacional de Aviac¸a˜o Civil (ANAC); or September 13, 2019. (2) For Model ERJ 190–100 ECJ airplanes: ANAC’s authorized Designee. If approved by Within 90 days after the effective date of this the ANAC Designee, the approval must ADDRESSES: You may submit comments, AD, revise the existing maintenance or include the Designee’s authorized signature. identified by ‘‘Derivatives Clearing inspection program, as applicable, to Organization General Provisions and (l) Related Information incorporate the tasks specified in Part 1— Core Principles’’ and RIN number 3038– Certification Maintenance Requirements (1) Refer to Mandatory Continuing AE66, by any of the following methods: (CMR); Part 2—Airworthiness Limitation Airworthiness Information (MCAI) Brazilian • CFTC Comments Portal: https:// Inspections (ALI)—Structures; Part 3—Fuel AD 2019–05–02, effective May 2, 2019, for comments.cftc.gov. Select the ‘‘Submit System Limitation Items (FSL); and Part 4— related information. This MCAI may be found in the AD docket on the internet at Comments’’ link for this rulemaking and Life Limited Items (LLI); of Appendix A— follow the instructions on the Public Airworthiness Limitation, of the EMBRAER http://www.regulations.gov by searching for and locating Docket No. FAA–2019–0519. Comment Form. Lineage 1000/1000E Maintenance Planning • Guide, MPG–2928, Revision 8, dated October (2) For more information about this AD, Mail: Send to Christopher 10, 2018 (‘‘EMBRAER Lineage 1000/1000E contact Krista Greer, Aerospace Engineer, Kirkpatrick, Secretary of the MPG–2928, Revision 8’’). The initial International Section, Transport Standards Commission, Commodity Futures compliance times for the tasks are at the later Branch, FAA, 2200 South 216th St., Des Trading Commission, Three Lafayette of the times specified in paragraphs (i)(2)(i) Moines, WA 98198; telephone and fax 206– Centre, 1155 21st Street NW, 231–3221. and (i)(2)(ii) of this AD. Accomplishing the Washington, DC 20581. revision required by this paragraph (3) For service information identified in • this AD, contact Embraer S.A., Technical Hand Delivery/Courier: Follow the terminates the requirements of paragraph same instructions as for Mail, above. (g)(2) of this AD. Publications Section (PC 060), Av. Brigadeiro (i) Within the applicable times specified in Faria Lima, 2170—Putim—12227–901 Sa˜o Please submit your comments using EMBRAER Lineage 1000/1000E MPG–2928, Jose dos Campos—SP—Brasil; telephone +55 only one of these methods. To avoid Revision 8. For the purposes of this AD, the 12 3927–5852 or +55 12 3309–0732; fax +55 possible delays with mail or in-person initial compliance times (identified as 12 3927–7546; email [email protected]; deliveries, submissions through the ’’Threshold’’ or ’’T’’ in EMBRAER Lineage internet http://www.flyembraer.com. You CFTC Comments Portal are encouraged. 1000/1000E MPG–2928, Revision 8) are may view this service information at the FAA, Transport Standards Branch, 2200 All comments must be submitted in expressed in ‘‘total flight cycles.’’ South 216th St., Des Moines, WA. For English, or if not, accompanied by an (ii) Within 90 days or 600 flight cycles after information on the availability of this English translation. Comments will be the effective date of this AD, whichever material at the FAA, call 206–231–3195. posted as received to https:// occurs later. Issued in Des Moines, Washington, on June comments.cftc.gov. You should submit (j) No Alternative Actions, Intervals, or 27, 2019. only information that you wish to make CDCCLs Dionne Palermo, available publicly. If you wish the After the existing maintenance or Commission to consider information Acting Director, System Oversight Division, inspection program has been revised as Aircraft Certification Service. that you believe is exempt from required by paragraph (i) of this AD, no disclosure under the Freedom of [FR Doc. 2019–14192 Filed 7–3–19; 8:45 am] alternative actions (e.g., inspections), Information Act (FOIA), a petition for intervals, or CDCCLs may be used unless the BILLING CODE 4910–13–P confidential treatment of the exempt actions, intervals, and CDCCLs are approved as an AMOC in accordance with the information may be submitted according procedures specified in paragraph (k)(1) of to the procedures established in § 145.9 COMMODITY FUTURES TRADING 1 this AD. of the Commission’s regulations. COMMISSION The Commission reserves the right, (k) Other FAA AD Provisions 17 CFR Parts 1, 39, and 140 but shall have no obligation, to review, (1) Alternative Methods of Compliance pre-screen, filter, redact, refuse or (AMOCs): The Manager, International RIN 3038–AE66 remove any or all of your submission Section, Transport Standards Branch, FAA, from https://comments.cftc.gov that it has the authority to approve AMOCs for this Derivatives Clearing Organization may deem to be inappropriate for AD, if requested using the procedures found General Provisions and Core publication, such as obscene language. in 14 CFR 39.19. In accordance with 14 CFR Principles 39.19, send your request to your principal All submissions that have been redacted inspector or local Flight Standards District AGENCY: Commodity Futures Trading or removed that contain comments on Office, as appropriate. If sending information Commission. the merits of the rulemaking will be directly to the International Section, send it ACTION: Extension of comment period. retained in the public comment file and to the attention of the person identified in will be considered as required under the paragraph (l)(2) of this AD. Information may SUMMARY: On May 16, 2019, the Administrative Procedure Act and other be emailed to 9-ANM-116-AMOC- Commodity Futures Trading applicable laws, and may be accessible [email protected]. under the FOIA. (i) Before using any approved AMOC, Commission (Commission) published in notify your appropriate principal inspector, the Federal Register a notice of FOR FURTHER INFORMATION CONTACT: or lacking a principal inspector, the manager proposed rulemaking (NPRM) titled Eileen A. Donovan, Deputy Director, of the local flight standards district office/ Derivatives Clearing Organization 202–418–5096, [email protected]; certificate holding district office. General Provisions and Core Principles. Parisa Abadi, Associate Director, 202– (ii) AMOC letter AIR–676–18–241, dated The comment period for the NPRM 418–6620, [email protected]; Eileen R. May 14, 2018, approved previously for AD closes on July 15, 2019. The Chotiner, Senior Compliance Analyst, 2017–16–08, is approved as an AMOC for the Commission is extending the comment 202–418–5467, [email protected]; corresponding provisions of this AD. period for this NPRM by an additional (2) Contacting the Manufacturer: As of the Abigail S. Knauff, Special Counsel, 202– effective date of this AD, for any requirement 60 days. 418–5123, [email protected]; Division of in this AD to obtain corrective actions from DATES: The comment period for the Clearing and Risk, Commodity Futures a manufacturer, the action must be NPRM titled Derivatives Clearing accomplished using a method approved by Organization General Provisions and 1 17 CFR 145.9.

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Trading Commission, Three Lafayette SUMMARY: The Commodity Futures cftc.gov; Frank Fisanich, Chief Counsel, Centre, 1155 21st Street NW, Trading Commission (Commission) is [email protected]; or Andrew Chapin, Washington, DC 20581. proposing amendments to certain Associate Chief Counsel, achapin@ SUPPLEMENTARY INFORMATION: On May provisions of its regulations governing cftc.gov, Division of Swap Dealer and 16, 2019, the Commission published in the offer and sale of foreign futures and Intermediary Oversight, Commodity the Federal Register an NPRM options to customers located in the Futures Trading Commission, 1155 21st proposing amendments to certain United States of America (U.S.). The Street NW, Washington, DC 20581, (202) regulations applicable to registered proposed amendments would codify the 418–5000. derivatives clearing organizations.2 The process by which the Commission may SUPPLEMENTARY INFORMATION: proposed amendments would, among terminate exemptive relief issued I. Background other things, address certain risk pursuant to those regulations. management and reporting obligations, DATES: Comments must be received on Part 30 of the Commission’s clarify the meaning of certain or before August 5, 2019. regulations governs the offer and sale of provisions, simplify processes for ADDRESSES: You may submit comments, futures and option contracts traded on registration and reporting, and codify identified by RIN 3038–AE86, by any of or subject to the regulations of a foreign existing staff relief and guidance. In the following methods: board of trade (‘‘foreign futures and addition, the Commission proposed • CFTC Comments Portal: https:// options’’) to customers located in the technical amendments to certain comments.cftc.gov. Select the ‘‘Submit U.S.2 These regulations set forth provisions, including certain delegation Comments’’ link for this rulemaking and requirements for foreign firms acting in provisions, in other parts of its follow the instructions on the Public the capacity of a futures commission regulations. The comment period for the Comment Form. merchant (FCM), introducing broker, NPRM closes on July 15, 2019. As • Mail: Send to Christopher commodity pool operator and requested by commenters, the Kirkpatrick, Secretary of the commodity trading adviser with respect Commission is extending the comment Commission, Commodity Futures to the offer and sale of foreign futures period for this NPRM by an additional Trading Commission, Three Lafayette and options to U.S. customers and are 60 days.3 This extension of the Centre, 1155 21st Street NW, designed to ensure that such products comment period will allow interested Washington, DC 20581. offered and sold in the U.S. are subject persons additional time to analyze the • Hand Delivery/Courier: Follow the to regulatory safeguards comparable to proposal and prepare their comments. same instructions as for Mail, above. those applicable to transactions entered Please submit your comments using Issued in Washington, DC, on June 28, into on designated contract markets. In 2019, by the Commission. only one of these methods. To avoid particular, requirements with respect to Christopher Kirkpatrick, possible delays with mail or in-person registration, disclosure, capital deliveries, submissions through the Secretary of the Commission. adequacy, protection of customer funds, CFTC Comments Portal are encouraged. recordkeeping and reporting, and sales Note: The following appendix will not All comments must be submitted in practice and compliance procedures appear in the Code of Federal Regulations. English, or if not, accompanied by an apply to the offer and sale of foreign English translation. Comments will be futures and options as they do the offer Appendix to Derivatives Clearing posted as received to https:// and sale of domestic transactions. Organization General Provisions and comments.cftc.gov. You should submit In formulating a regulatory program to Core Principles—Commission Voting only information that you wish to make govern the offer and sale of foreign Summary available publicly. If you wish the futures and option products to On this matter, Chairman Giancarlo and Commission to consider information customers located in the U.S., the Commissioners Quintenz, Behnam, Stump, that you believe is exempt from Commission considered the desirability and Berkovitz voted in the affirmative. No disclosure under the Freedom of of ameliorating the potential impact of Commissioner voted in the negative. Information Act (FOIA), a petition for such a program on persons already [FR Doc. 2019–14294 Filed 7–3–19; 8:45 am] confidential treatment of the exempt subject to regulatory oversight abroad. BILLING CODE 6351–01–P information may be submitted according Based upon this consideration, the to the procedures established in § 145.9 Commission determined to permit 1 of the Commission’s regulations. persons located outside the U.S. and COMMODITY FUTURES TRADING The Commission reserves the right, subject to a comparable regulatory COMMISSION but shall have no obligation, to review, structure in the jurisdiction in which pre-screen, filter, redact, refuse or they are located to seek an exemption 17 CFR Part 30 remove any or all of your submission from certain of the requirements under RIN 3038–AE86 from https://comments.cftc.gov that it part 30 of the Commission’s regulations may deem to be inappropriate for based upon compliance with the Foreign Futures and Options publication, such as obscene language. regulatory requirements of the person’s Transactions All submissions that have been redacted jurisdiction.3 Such an exemption may or removed that contain comments on be sought pursuant to § 30.10.4 AGENCY: Commodity Futures Trading the merits of the rulemaking will be Commission. A petition for exemption pursuant to retained in the public comment file and § 30.10 typically is filed on behalf of ACTION: Notice of proposed rulemaking. will be considered as required under the persons located and doing business Administrative Procedure Act and other outside the U.S. that seek access to U.S. 2 Derivatives Clearing Organization General applicable laws, and may be accessible customers by: (1) A governmental Provisions and Core Principles, 84 FR 22226 (May under the FOIA. agency responsible for implementing 16, 2019). FOR FURTHER INFORMATION CONTACT: 3 See Comment Letter from CME Group Inc., Intercontinental Exchange, Inc., and Futures Matthew Kulkin, Director, mkulkin@ 2 17 CFR part 30. Industry Association (June 18, 2019), available at 3 Foreign Futures and Foreign Options https://comments.cftc.gov/PublicComments/ 1 17 CFR 145.9. Commission regulations referred Transactions, 52 FR 28980 (Aug. 5, 1987). CommentList.aspx?id=2985. to herein are found at 17 CFR chapter I. 4 17 CFR 30.10.

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and enforcing the foreign regulatory registering under the Commodity the exemption if it finds that the program; or (2) a self-regulatory Exchange Act (CEA) in the appropriate exemption is not otherwise contrary to organization (SRO) of which such capacity.7 As a condition for relief from the public interest or to the purposes of persons are members. A petitioner who registration, each foreign person must the provision for which an exemption is seeks an exemption pursuant to § 30.10 file written representations set forth in sought. While § 30.10(a) provides that must set forth with particularity the the Order issued by the Commission to the Commission may grant an comparable regulations applicable in its foreign regulator or SRO prior to exemption subject to any terms or the jurisdiction in which that person is engaging U.S. customers. For example, conditions it may find appropriate, the located. The Commission may, in its such foreign person must agree to regulation does not provide a specific discretion, grant such an exemption if provide the Commission or its course of action should the Commission demonstrated to the Commission’s representative access to its books and determine that exemptive relief is no satisfaction that the exemption is not records related to transactions longer warranted. Accordingly, the otherwise contrary to the public interest undertaken pursuant to the exemptive Commission is proposing to amend or to the purposes of the provision from relief. Should the foreign regulator or § 30.10 by adding a new paragraph (c) which exemption is sought. Appendix A SRO fail to comply with any of the to codify the process by which the to part 30, ‘‘Interpretative Statement conditions set forth in the relevant Commission may terminate exemptive With Respect to the Commission’s Order, the relief no longer applies. To relief issued pursuant to paragraph (a). Exemptive Authority Under § 30.10 of date, the Commission has issued Orders The Commission notes that part 48 of Its Rules’’ (appendix A), generally sets pursuant to § 30.10 upon application its regulations provides a process for forth the elements the Commission will from foreign regulators and SROs termination of a foreign board of trade’s evaluate in determining whether a spanning the globe, including those in (FBOT) registration.10 Regulation 48.9 particular regulatory program may be North America, Europe, South America, generally provides two broad 8 found to be comparable for purposes of Australia and Asia. Each of these mechanisms for revocation of an FBOT’s 5 exemptive relief pursuant to § 30.10. Orders applies to foreign intermediaries registration: (1) Failure to satisfy Appendix A also specifically states that acting solely in the capacity of FCMs. registration requirements or conditions; in considering an exemption request, As a result of this regulatory deference, and (2) other events that could result in the Commission will take into account U.S. customers have greater access to revocation, such as a material change to the extent to which U.S. persons or robust global markets without regulatory regime, market emergency, or contracts regulated by the Commission sacrificing the regulatory goals for any other event impacting the public are permitted to engage in futures- customer protection set forth in the interest.11 Similarly, the Commission in related activities or be offered in the CEA. this rulemaking is proposing to codify Within each Order issued pursuant to country from which an exemption is the process by which relief granted by 6 § 30.10, the Commission reserves the sought. If the Commission determines the Commission pursuant to § 30.10 right to condition, modify, suspend, that relief is appropriate, the would be terminated. Commission issues an Order to the terminate, withhold as to a specific firm, Proposed § 30.10(c)(1) specifically foreign regulator or SRO that sets forth or otherwise restrict the exemptive relief conditions governing such relief. For granted, as appropriate, on its own would provide that the Commission example, the foreign regulator or SRO motion. For example, the Commission may terminate exemptive relief, after must certify that it will promptly notify may reconsider its finding that the appropriate notice and an opportunity the Commission of any material changes standards for relief set forth in to respond, under three circumstances. to local laws and regulations forming Regulation 30.10 and, in particular, First, the Commission could terminate the basis for the relief. If the appendix A, have been met due to the relief should it determine that there Commission grants an exemption changes in the foreign regulatory has been a material change or omission pursuant to § 30.10, persons subject to program. The Commission also may in the facts and circumstances pursuant regulatory oversight by the foreign determine that the continued exemptive to which relief was granted that regulator or SRO, as appropriate, and relief, in general, or with respect to a demonstrate that the standards set forth located and doing business outside the particular firm, would be, for example, in appendix A forming the basis for U.S. may solicit or accept orders contrary to the public interest, or that granting such relief are no longer met. directly from U.S. customers for foreign the arrangements in place for the For example, the laws within a foreign futures or options transactions and, in sharing of information with the jurisdiction could be amended to no the case of a person acting in the Commission or other circumstances do longer require customer funds be capacity of an FCM, accept customer not warrant continuation of the segregated from proprietary funds. In money or other property, without exemptive relief. this case, an exempt foreign broker would no longer be subject to customer II. The Proposal 5 52 FR 28990, 29001. These elements include: (1) protection standards comparable to Registration, authorization or other form of Regulation 30.10(a) sets forth the those applicable to a registered FCM. licensing, fitness review or qualification of persons process by which any person adversely Second, the Commission could that solicit and accept customer orders; (2) affected by any requirement set forth in terminate relief should it determine that minimum financial requirements for those persons who accept customer funds; (3) protection of part 30 may file a petition with the the continued exemptive relief would be customer funds from misapplication; (4) Commission seeking an exemption.9 contrary to the public interest or recordkeeping and reporting requirements; (5) sales Pursuant to this provision, the inconsistent with the purposes of the practice standards; (6) procedures to audit for Commission may, in its discretion, grant § 30.10 exemption. For example, in compliance with, and to take action against those persons who violate, the requirements of the considering whether exemptive relief program; and (7) information sharing arrangements 7 The term ‘‘futures commission merchant’’ is continues to be warranted, the between the Commission and the appropriate defined in § 1.3, 17 CFR 1.3. Commission could take account of a governmental and/or self-regulatory organization to 8 For a complete list of Orders issued by the lack of comity relating to the execution ensure Commission access on an as-needed basis to Commission pursuant to § 30.10, see https:// information essential to maintaining standards of sirt.cftc.gov/sirt/sirt.aspx?Topic=ForeignPart30 customer and market protection within the U.S. Exemptions. 10 17 CFR part 48. 6 17 CFR part 30, appendix A. 9 17 CFR 30.10(a). 11 17 CFR 48.9.

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or clearing of any commodity interest 12 specifically requests comment as to required to obtain or retain benefits. An subject to the Commission’s exclusive whether § 30.10(c) should be amended agency may not conduct or sponsor, and jurisdiction.13 Third, the Commission further to formalize the process for other a person is not required to respond to, could terminate relief should it changes to the scope of relief issued by a collection of information unless it determine that the information-sharing the Commission, e.g., modification or displays a currently valid control arrangements no longer adequately suspension of the granted exemptive number. The Commission has submitted support exemptive relief. relief, subject to the parameters set forth to OMB an information collection Proposed § 30.10(c)(2) and (3) would within the proposed regulation. request to obtain an OMB control provide any affected person with an III. Related Matters number for the collection contained in appropriate opportunity to respond to this proposal in accordance with 44 any notice by the Commission issued A. Regulatory Flexibility Act U.S.C. 3507(d) and 5 CFR 1320.11. pursuant to § 30.10(c)(1). The affected The Regulatory Flexibility Act (RFA) Specifically, proposed regulation person would be the foreign regulator, requires that Federal agencies consider 30.10(c)(3) provides any party affected SRO or other entity that filed the whether the rules that they issue will by the Commission’s determination to original petition for relief. The have a significant economic impact on terminate relief with the opportunity to Commission believes that the timing for a substantial number of small entities respond to the notification in writing no any opportunity to respond would take and, if so, to provide a regulatory later than 30 business days following into account the exigency of flexibility analysis regarding the impact the receipt of the notification, or at such circumstances. Should the Commission on those entities. Each Federal agency is time as the Commission permits in ultimately determine to terminate any required to conduct an initial and final writing. The Commission estimates that, exemptive relief, it shall notify the regulatory flexibility analysis for each if adopted, it would receive one affected person in writing setting forth rule of general applicability for which response to this collection resulting in the particular reasons why relief is no the agency issues a general notice of eight burden hours annually. longer warranted and issue an Order proposed rulemaking.14 The Commission invites the public terminating exemptive relief to be The regulatory amendments proposed and other Federal agencies to comment published in the Federal Register. by the Commission in this release on any aspect of the proposed Proposed § 30.10(c)(2) through (4) would affect foreign members of foreign information collection requirements would provide further that any Order boards of trade who perform the discussed above. Pursuant to 44 U.S.C. terminating exemptive relief shall set functions of an FCM. While the RFA 3506(c)(2)(B), the Commission solicits forth an appropriate timeframe for the may not apply to foreign entities,15 the comments in order to: (1) Evaluate orderly transfer or close out of any Commission previously determined that whether the proposed collection of accounts held by U.S. customers FCMs should be excluded from the information is necessary for the proper impacted by such an Order. Consistent definition of small entities.16 Therefore, performance of the functions of the with § 48.9, proposed § 30.10(c)(5) the Chairman, on behalf of the Commission, including whether the would provide that any person whose Commission, hereby certifies, pursuant relief has been terminated may apply for information will have practical utility; to 5 U.S.C. 605(b), that these proposed (2) evaluate the accuracy of the exemptive relief 360 days after the regulations will not have a significant issuance of the relevant Order issued by Commission’s estimate of the burden of impact on a substantial number of small the proposed collection of information; the Commission if the deficiency entities. causing the revocation has been cured (3) determine whether there are ways to or relevant facts and circumstances have B. Paperwork Reduction Act enhance the quality, utility, and clarity of the information to be collected; and changed. The Paperwork Reduction Act of 1995 (4) minimize the burden of the The Commission notes that the (PRA) imposes certain requirements on collection of information on those who proposed amendment to § 30.10 would Federal agencies, including the are to respond, including through the not impact its ability to suspend Commission, in connection with their use of automated collection techniques immediately the relief set forth in any conducting or sponsoring any collection or other forms of information Order issued pursuant to § 30.10(a) of information, as defined by the PRA. technology. should exigent circumstances occur, Proposed regulation 30.10(c)(2) would e.g., a foreign regulator halts the flow of result in the collection of information Comments may be submitted directly capital outside its jurisdiction impacting requirements within the meaning of the to the Office of Information and a U.S. customer’s ability to withdraw PRA, as discussed below. This proposed Regulatory Affairs, by fax at (202) 395– money held in a segregated foreign rule contains a collection of information 6566, or by email at OIRAsubmissions@ futures and options customer account. for which the Commission has not omb.eop.gov. Please provide the The proposed amendment also would previously received control numbers Commission with a copy of submitted not impact the Commission’s ability, as from the Office of Management and comments so that all comments can be set forth in each of the Orders issued Budget (OMB). If adopted, responses to summarized and addressed in the final pursuant to § 30.10, to otherwise this collection of information would be rule preamble. Refer to the ADDRESSES condition, modify, withhold as to a section of this document for comment specific firm, or other otherwise restrict 14 See 5 U.S.C. 601 et seq. submission instructions to the exemptive relief on its own motion. 15 See 13 CFR 121.105 (noting that a small Commission. A copy of the supporting The Commission requests comment business is a business entity organized for profit, statements for the collection of on all aspects of this proposed with a place of business located in the United information discussed above may be States, and which operates primarily within the rulemaking. The Commission United States or which makes a significant obtained by visiting RegInfo.gov. OMB contribution to the U.S. economy through payment is required to make a decision 12 The term ‘‘commodity interest’’ includes, of taxes or use of American products, materials or concerning the collection of information among other things, any contract for the purchase labor). between 30 and 60 days after or sale of a commodity for future delivery, or any 16 See, e.g., Policy Statement and Establishment of swap as defined in the CEA. See 17 CFR 1.3. Definitions of ‘‘Small Entities’’ for purposes of the publication of this document in the 13 The Commission’s exclusive jurisdiction is set Regulatory Flexibility Act, 47 FR 18618, 18619 Federal Register. Therefore, a comment forth in 7 U.S.C. 2(a). (Apr. 30, 1982). is best assured of having its full effect

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if OMB receives it within 30 days of benefits associated with any such light of sound risk management publication. alternatives. practices. The Commission believes that the proposed amendments will not have C. Cost-Benefit Considerations 2. Section 15(a) Factors a large impact on the risk management 1. Summary Section 15(a) further specifies that the practices of the futures and options costs and benefits shall be evaluated in industry. However, to the extent that 17 Section 15(a) of the CEA requires light of five broad areas of market and having a transparent process for the Commission to consider the costs public concern: (1) Protection of market terminating exemptions issued to and benefits of its actions before participants and the public; (2) foreign regulatory or self-regulatory promulgating a regulation under the efficiency, competitiveness, and organizations on behalf of individual CEA or issuing certain orders. The financial integrity of the futures firms may encourage an increased offer baseline for this consideration of costs markets; (3) price discovery; (4) sound and sale of contracts that more closely and benefits is the current status, where risk management practices; and (5) other match the hedging needs of particular the Commission has not codified the public interest considerations. U.S. market participants, the practice of procedures by which the Commission The Commission is considering the sound risk management might be may terminate exemptive relief issued costs and benefits of these rules in light improved slightly. pursuant to § 30.10. Because the of the specific provisions of section e. Other Public Interest Commission has not yet terminated 15(a) of the CEA: Considerations. Section 15(a)(2)(E) of a. Protection of Market Participants such relief, the Commission has not yet the CEA requires the Commission to and the Public. Section 15(a)(2)(A) of implemented a procedure for evaluate the costs and benefits of a the CEA requires the Commission to terminating such exemptions. Moreover, proposed regulation in light of other evaluate the costs and benefits of a the Commission has limited relevant or public considerations. The Commission proposed regulation in light of useful quantitative data to assess the believes that having a transparent protection of market participants and potential costs and benefits of proposed process for terminating an exemption the public. The proposed amendments regulation 30.10(c). Accordingly, the from registration would ensure exempt Commission has generally considered would protect market participants and the public by setting forth a clear § 30.10 firms have due process in the the costs and benefits of proposed event that the Commission believes regulation 30.10(c) in qualitative terms. procedure for the Commission’s termination of exemptive relief issued such a termination may be warranted. As a general matter, proposed This process would also give procedural regulation 30.10(c) would reduce legal pursuant to § 30.10(a) and by providing a reasonable timeframe for the orderly notice to U.S. customers who may be uncertainty by articulating the basis on affected by the termination of an order which the Commission may terminate transfer of any accounts held by U.S. customers impacted by an order of § 30.10 exemption. exemptive relief pursuant to § 30.10 and The Commission invites comment on establishing a process whereby an terminating relief. b. Efficiency, Competitiveness, and its preliminary consideration of the affected party would first be notified Financial Integrity of Markets. Section costs and benefits associated with the and given an opportunity to respond 15(a)(2)(B) of the CEA requires the proposed changes to § 30.10. before the Commission would take any Commission to evaluate the costs and action. The affected party will benefit List of Subjects in 17 CFR Part 30 benefits of a proposed regulation in light from the clear process set forth in the Consumer protection, Fraud. of efficiency, competitiveness, and proposed regulation. The affected party financial integrity considerations. The For the reasons set forth in the would only incur costs in connection Commission has not identified a preamble, the Commodity Futures with the proposed regulation to the specific effect on the efficiency and Trading Commission proposes to amend extent that the Commission identified a financial integrity of markets as a result 17 CFR part 30 as follows: basis for terminating the exemption and of the proposed regulations. There may notified the party of that basis. Those be a minor impact of termination on the PART 30—FOREIGN FUTURES AND costs would include reviewing and competitiveness of futures markets. FOREIGN OPTIONS TRANSACTIONS responding to the notification, which Foreign futures and options may the Commission believes would vary ■ 1. The authority citation for part 30 compete directly or indirectly with depending on the circumstances, continues to read as follows: contracts listed on DCMs. Due to legal including the stated basis for restrictions in foreign jurisdictions, the Authority: 7 U.S.C. 1a, 2, 6, 6c and 12a, termination. As stated above, the only way that U.S. customers may unless otherwise noted. Commission believes that 30 days, or access certain foreign contracts may be ■ 2. In § 30.10, add paragraph (c) to read such additional time as the Commission through an exempt foreign firm. The as follows: may permit in writing, would be termination of any exemptive relief sufficient for the affected party to therefore may reduce the available § 30.10 Petitions for exemption. develop a response while allowing the options for U.S. market participants. * * * * * Commission to take timely action to c. Price Discovery. Section 15(a)(2)(C) (c)(1) The Commission may, in its protect its regulatory interests. of the CEA requires the Commission to discretion and upon its own initiative, The Commission requests comment evaluate the costs and benefits of a terminate the exemptive relief granted on the potential costs and benefits of proposed regulation in light of price to any person pursuant to paragraph (a) proposed Regulation 30.10(c), discovery considerations. The of this section, after appropriate notice including, where possible, quantitative Commission believes that the proposed and an opportunity to respond, if the data. The Commission further requests amendments will not have any Commission determines that: comment on any alternative proposals significant impact on price discovery. (i) There is a material change or that might achieve the objectives of the d. Sound Risk Management Practices. omission in the facts and circumstances proposed regulation, and the costs and Section 15(a)(2)(D) of the CEA requires pursuant to which relief was granted the Commission to evaluate the costs that demonstrate that the standards set 17 7 U.S.C. 19(a). and benefits of a proposed regulation in forth in appendix A of this part forming

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the basis for granting such relief are no DEPARTMENT OF THE INTERIOR comments and additional information longer met; or on the rulemaking process, see the Office of Surface Mining Reclamation (ii) The continued effectiveness of any ‘‘Public Comment Procedures’’ heading and Enforcement such exemptive relief would be contrary of the SUPPLEMENTARY INFORMATION section of this document. to the public interest or inconsistent 30 CFR Part 916 with the purposes of the exemption Docket: For access to the docket to provided for in this part; or [SATS No. KS–030–FOR; Docket ID: OSM– review copies of the Kansas program, 2019–0002; S1D1S SS08011000 SX064A000 this amendment, a listing of any (iii) The arrangements in place for the 190S180110; S2D2S SS08011000 scheduled public hearings, and all sharing of information with the SX064A000 19XS501520] written comments received in response Commission do not warrant to this document, you must go to the continuation of the exemptive relief Kansas Regulatory Program address listed below during normal granted. AGENCY: Office of Surface Mining business hours, Monday through Friday, (2) The Commission shall provide Reclamation and Enforcement, Interior. excluding holidays. You may receive written notification to the affected party ACTION: Proposed rule; public comment one free copy of the amendment by of its intention to terminate an period and opportunity for public contacting OSMRE’s Tulsa Field Office, exemption pursuant to paragraph (a) of hearing on proposed amendment. or the full text of the program this section and the basis for that amendment is available for you to intention. SUMMARY: We, the Office of Surface review at www.regulations.gov. Mining Reclamation and Enforcement William Joseph, Director, Tulsa Field (3) The affected party may respond to (OSMRE), are announcing receipt of a the notification in writing no later than Office, Office of Surface Mining proposed amendment to the Kansas Reclamation and Enforcement, 1645 30 business days following the receipt regulatory program (Kansas program) South 101st East Avenue, Suite 145, of the notification, or at such time as the under the Surface Mining Control and Tulsa, Oklahoma 74128–4629, Commission permits in writing. Reclamation Act of 1977 (SMCRA or the Telephone: (918) 581–6430, Email: (4) If, after providing any affected Act). Kansas proposes revisions to its [email protected] person appropriate notice and Ownership and Control rules, and additional revisions made for In addition, you may review a copy of opportunity to respond, the Commission the amendment during regular business determines that relief pursuant to organizational clarity. Kansas intends to revise its program to be as effective as hours at the following location: Kansas paragraph (a) of this section is no longer Department of Health and Environment, warranted, the Commission shall notify the Federal regulations. This document gives the times and locations where the Surface Mining Section, 4033 Parkview the person of such determination in Drive, Frontenac, KS 66763, Telephone: writing, including the particular reasons Kansas program documents and this proposed amendment to that program (316) 231–8540. why relief is no longer warranted, and are available for your inspection, FOR FURTHER INFORMATION CONTACT: issue an Order Terminating Exemptive establishes the comment period during William Joseph, Director, Tulsa Field Relief. Any Order Terminating which you may submit written Office. Telephone: (918) 581–6430, Exemptive Relief shall provide an comments on the amendment, and email: [email protected]. appropriate timeframe for the orderly describes the procedures that we will SUPPLEMENTARY INFORMATION: transfer or close out of any accounts follow for the public hearing, if one is held by U.S. customers impacted by I. Background on the Kansas Program requested. II. Description of the Proposed Amendment such an Order. DATES: We will accept written III. Public Comment Procedures (5) Any person whose relief has been comments on this amendment until 4 IV. Procedural Determinations terminated may apply for exemptive p.m., CST, August 5, 2019. If requested, I. Background on the Kansas Program relief 360 days after the issuance of the we will hold a public hearing on the Order Terminating Exemptive Relief if amendment on July 30, 2019. We will Section 503(a) of the Act permits a the deficiency causing the revocation accept requests to speak at a hearing State to assume primacy for the has been cured or relevant facts and until 4 p.m., CST on July 22, 2019. regulation of surface coal mining and circumstances have changed. ADDRESSES: You may submit comments, reclamation operations on non-Federal identified by SATS No. KS–030–FOR, and non-Indian lands within its borders Issued in Washington, DC, on June 25, by demonstrating that its program 2019, by the Commission. by any of the following methods: • Mail/Hand Delivery: William includes, among other things, State laws Christopher Kirkpatrick, Joseph, Director, Tulsa Field Office, and regulations that govern surface coal Secretary of the Commission. Office of Surface Mining Reclamation mining and reclamation operations in and Enforcement, 1645 South 101st East accordance with the Act and consistent Note: The following appendix will not with the Federal regulations. See 30 appear in the Code of Federal Regulations. Avenue, Suite 145, Tulsa, Oklahoma 74128–4629. U.S.C. 1253(a)(1) and (7). On the basis • of these criteria, the Secretary of the Appendix to Foreign Futures and Fax: (918) 581–6419. • Federal eRulemaking Portal: The Interior fully approved the Kansas Options Transactions—Commission amendment has been assigned Docket program, as amended, effective April 14, Voting Summary ID OSM–2019–0002. If you would like 1982. You can find background On this matter, Chairman Giancarlo and to submit comments go to http:// information on the Kansas program, Commissioners Quintenz, Behnam, Stump, www.regulations.gov. Follow the including the Secretary’s findings, the and Berkovitz voted in the affirmative. No instructions for submitting comments. disposition of comments, and the Commissioner voted in the negative. Instructions: All submissions received conditions of approval of the Kansas [FR Doc. 2019–13828 Filed 7–3–19; 8:45 am] must include the agency name and program in the April 14, 1982, Federal docket number for this rulemaking. For Register (47 FR 16012). You can also BILLING CODE 6351–01–P detailed instructions on submitting find later actions concerning the Kansas

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program and program amendments at 30 The remaining changes proposed by date until everyone scheduled to speak CFR 916.10, 916.12, and 916.15. Kansas are organizational in nature. has been given an opportunity to be heard. If you are in the audience and II. Description of the Proposed III. Public Comment Procedures have not been scheduled to speak and Amendment Under the provisions of 30 CFR wish to do so, you will be allowed to By letter dated February 6, 2019 732.17(h), we are seeking your speak after those who have been (Administrative Record No. KS–629), comments on whether the amendment scheduled. We will end the hearing after Kansas sent us an amendment to its satisfies the applicable program everyone scheduled to speak and others program under SMCRA (30 U.S.C. 1201 approval criteria of 30 CFR 732.15. If we present in the audience who wish to et seq.). Kansas submitted the proposed approve the amendment, it will become speak, have been heard. amendment in response to a September part of the State program. 30, 2009, letter (Administrative Record Public Meeting Electronic or Written Comments No. KS–627) that OSMRE sent to Kansas If only one person requests an in accordance with 30 CFR 732.17(c). If you submit written comments, they opportunity to speak, we may hold a OSMRE requested additional should be specific, confined to issues information from Kansas in order to pertinent to the proposed regulations, public meeting rather than a public complete the initial review of the and explain the reason for any hearing. If you wish to meet with us to proposed amendment, which was recommended change(s). We appreciate discuss the amendment, please request received on March 11, 2019. Because any and all comments, but those most a meeting by contacting the person additional information was required, useful and likely to influence decisions listed under FOR FURTHER INFORMATION this March date will be used as the on the final program will be those that CONTACT. All such meetings are open to proposed amendment submission date either involve personal experience or the public and, if possible, we will post for OSMRE’s review. Below is a include citations to and analyses of notices of meetings at the locations summary of the changes proposed by SMCRA, its legislative history, its listed under ADDRESSES. We will make Kansas. The full text of the program implementing regulations, case law, a written summary of each meeting a amendment is available for you to read other pertinent State or Federal laws or part of the administrative record. at the locations listed above under regulations, technical literature, or other IV. Procedural Determinations ADDRESSES. relevant publications. In the September 30, 2009, letter We cannot ensure that comments Executive Order 12866—Regulatory (Administrative Record No. KS–627), received after the close of the comment Planning and Review OSMRE notified Kansas that the Kansas period (see DATES) or sent to an address program was determined to be less other than those listed (see ADDRESSES) Pursuant to Office of Management and effective than the Federal regulations in will be included in the docket for this Budget (OMB) Guidance dated October the following ownership and control rulemaking and considered. 12, 1993, the approval of state program amendments is exempted from OMB areas: Public Availability of Comments • 30 CFR 773.8—General provisions review under Executive Order 12866. for review of permit application Before including your address, phone number, email address, or other Other Laws and Executive Orders information and entry of information Affecting Rulemaking into AVS. personal identifying information in your • 30 CFR 773.9—Review of applicant comment, you should be aware that When a State submits a program and operator information. your entire comment—including your amendment to OSMRE for review, our • 30 CFR 773.12—Permit eligibility personal identifying information—may regulations at 30 CFR 732.17(h) require determination. be made publicly available at any time. us to publish a notice in the Federal • 30 CFR 773.25—Who may While you can ask us in your comment Register indicating receipt of the challenge ownership or control listings to withhold your personal identifying proposed amendment, its text or a and findings. information from public review, we summary of its terms, and an • 30 CFR 774.11—Post-permit cannot guarantee that we will be able to opportunity for public comment. We issuance requirements for regulatory do so. conclude our review of the proposed authorities and other actions based on Public Hearing amendment after the close of the public ownership, control, and violation If you wish to speak at the public comment period and determine whether information. the amendment should be approved, • 30 CFR 774.17—Transfer, hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 approved in part, or not approved. At assignment, or sale of permit rights. that time, we will also make the • 30 CFR 778.11—Providing p.m., CST on July 22, 2019. If you are disabled and need reasonable determinations and certifications applicant and operator information. required by the various laws and • 30 CFR 847.2—General provisions. accommodations to attend a public • hearing, contact the person listed under executive orders governing the 30 CFR 847.11—Criminal penalties. rulemaking process and include them in • 30 CFR 847.16—Civil actions for FOR FURTHER INFORMATION CONTACT. We the final rule. relief. will arrange the location and time of the Kansas proposes to amend its Kansas hearing with those persons requesting List of Subjects in 30 CFR Part 916 Administrative Regulations (K.A.R.) to the hearing. If no one requests an address these deficiencies in the opportunity to speak, we will not hold Intergovernmental relations, Surface following sections: a hearing. mining, Underground mining. • K.A.R. 47–3–42(a)(4), (5), (8), (17), To assist the transcriber and ensure an Dated: April 16, 2019. accurate record, we request, if possible, and (22). Alfred L. Clayborne, • K.A.R. 47–6–4(b). that each person who speaks at the • K.A.R. 47–6–11(a)(1). public hearing provide us with a written Regional Director, Mid-Continent Region. • K.A.R. 47–5–5a(a)(14), (15), and copy of his or her comments. The public [FR Doc. 2019–14334 Filed 7–3–19; 8:45 am] (16). hearing will continue on the specified BILLING CODE 4310–05–P

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DEPARTMENT OF THE INTERIOR Instructions: All submissions received mines. On the basis of these criteria, the must include the agency name and Secretary of the Interior approved the Office of Surface Mining Reclamation docket number for this rulemaking. For Louisiana Plan, effective December 10, and Enforcement detailed instructions on submitting 1986. You can find background comments and additional information information on the Louisiana Plan, 30 CFR Part 918 on the rulemaking process, see the including the Secretary’s findings, the ‘‘Public Comment Procedures’’ heading disposition of comments, and the [SATS No. LA–024–FOR; Docket ID: OSM– of the SUPPLEMENTARY INFORMATION conditions of approval of the Louisiana 2019–0005; S1D1S SS08011000 SX064A000 section of this document. Plan in the November 10, 1986, Federal 190S180110; S2D2S SS08011000 Docket: For access to the docket to Register (51 FR 40793). You can also SX064A000 19XS501520] review copies of the Louisiana Plan, this find later actions concerning the Louisiana Abandoned Mine Land amendment, a listing of any scheduled Louisiana Plan and amendments to the Reclamation Plan public hearings, and all written Plan at 30 CFR 918.20 and 918.25. comments received in response to this II. Description of the Proposed AGENCY: Office of Surface Mining document, you must go to the address Amendment Reclamation and Enforcement, Interior. listed below during normal business ACTION: Proposed rule; public comment hours, Monday through Friday, By letter dated April 8, 2019 period and opportunity for public excluding holidays. You may receive (Administrative Record No. LA–371), hearing on proposed amendment. one free copy of the amendment by Louisiana sent us an amendment to its contacting OSMRE’s Birmingham Field Plan under SMCRA (30 U.S.C. 1201 et SUMMARY: We, the Office of Surface Office, or the full text of the plan seq.). Louisiana submitted the proposed Mining Reclamation and Enforcement amendment is available for you to amendment in response to a March 6, (OSMRE), are announcing receipt of a review at www.regulations.gov. Richard 2019, letter (Administrative Record No. proposed amendment to the Louisiana O’Dell, Director, Birmingham Field LA–371–01) OSMRE sent to Louisiana Abandoned Mine Land Plan Office, Office of Surface Mining in accordance with 30 CFR 884.15. (hereinafter, the Plan) under the Surface Reclamation and Enforcement, 135 Louisiana submitted a revised version of Mining Control and Reclamation Act of Gemini Circle, Suite 215, Homewood, the proposed amendment via email on 1977 (SMCRA or the Act). Louisiana Alabama 35209, Telephone: (205) 290– June 4, 2019 (Administrative Record No. proposes revisions to its Plan to allow 7282, Email: [email protected] LA–371.05). Below is a summary of the its AML program to receive limited In addition, you may review a copy of changes proposed by Louisiana. The full liability protection for certain non-coal the amendment during regular business text of the plan amendment is available reclamation projects. Louisiana intends hours at the following location: for you to read at the locations listed to revise its Plan in order to meet the Louisiana Department of Natural above under ADDRESSES. Effective March 9, 2015, OSMRE requirements of SMCRA and the Resources, Louisiana Office of published a final rule allowing certified implementing Federal regulations. This Conservation, Injection and Mining AML programs to receive limited document gives the times and locations Division, 617 North 3rd Street, Baton liability protection for certain non-coal where the Louisiana Plan and this Rouge, LA 70802, Telephone: (225) 342– reclamation projects (80 FR 6435). In the proposed amendment to that Plan are 5515. available for your inspection, March 6, 2019 letter, we notified FOR FURTHER INFORMATION CONTACT: establishes the comment period during Louisiana that the State must update its Richard O’Dell, Director, Birmingham which you may submit written Plan in order to meet the requirements Field Office. Telephone: (205) 290– comments on the amendment, and of SMCRA and the implementing 7282, Email: [email protected]. describes the procedures that we will Federal regulations. follow for the public hearing, if one is SUPPLEMENTARY INFORMATION: Louisiana proposes to amend its Plan requested. I. Background on the Louisiana Plan to meet the requirements listed in 30 II. Description of the Proposed Amendment DATES: We will accept written CFR 884.13, including receiving limited III. Public Comment Procedures liability protection by including comments on this amendment until 4 IV. Procedural Determinations p.m., CST, August 5, 2019. If requested, references to Section 405(l) of SMCRA we will hold a public hearing on the I. Background on the Louisiana Plan and 30 CFR 875.19 (Limited liability) in Section 884.13(b) of its Plan. amendment on July 30, 2019. We will The Abandoned Mine Land accept requests to speak at a hearing Reclamation Program was established III. Public Comment Procedures until 4 p.m., CST on July 22, 2019. by Title IV of the Act (30 U.S.C. 1201 We are seeking your comments on ADDRESSES: You may submit comments, et seq.), in response to concerns over whether the amendment satisfies the identified by SATS No. LA–024–FOR, extensive environmental damage caused applicable plan approval criteria of 30 by any of the following methods: by past coal mining activities. The CFR 884.14 and 884.15. If we approve • Mail/Hand Delivery: Richard program is funded by a reclamation fee the amendment, it will become part of O’Dell, Director, Birmingham Field collected on each ton of coal that is the state Plan. Office, Office of Surface Mining produced. The money collected is used Reclamation and Enforcement, 135 to finance the reclamation of abandoned Electronic or Written Comments Gemini Circle, Suite 215, Homewood, coal mines and for other authorized If you submit written comments, they Alabama 35209. activities. Section 405 of the Act allows should be specific, confined to issues • Fax: (205) 290–7280. States and Tribes to assume exclusive pertinent to the proposed Plan, and • Federal eRulemaking Portal: The responsibility for reclamation activity explain the reason for any amendment has been assigned Docket within the State or on Tribal lands if recommended change(s). We appreciate ID OSM–2019–0005. If you would like they develop and submit to the any and all comments, but those most to submit comments go to http:// Secretary of the Interior for approval, a useful and likely to influence decisions www.regulations.gov. Follow the program (often referred to as a Plan) for on the final plan will be those that instructions for submitting comments. the reclamation of abandoned coal either involve personal experience or

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include citations to and analyses of listed under ADDRESSES. We will make Show. This action is necessary to SMCRA, its legislative history, its a written summary of each meeting a provide for the safety of life on the implementing regulations, case law, part of the administrative record. navigable waters in Conneaut Harbor, other pertinent State or Federal laws or Lake Erie, Conneaut, OH during a water IV. Procedural Determinations regulations, technical literature, or other ski show on September 7, 2019. We relevant publications. Executive Order 12866—Regulatory invite your comments on this proposed We cannot ensure that comments Planning and Review rulemaking. received after the close of the comment Pursuant to Office of Management and DATES: Comments and related material period (see DATES) or sent to an address Budget (OMB) Guidance dated October must be received by the Coast Guard on other than those listed (see ADDRESSES) 12, 1993, the approval of state plan or before August 5, 2019. will be included in the docket for this amendments is exempted from OMB ADDRESSES: You may submit comments rulemaking and considered. review under Executive Order 12866. identified by docket number USCG– Public Availability of Comments 2019–0469 using the Federal Other Laws and Executive Orders eRulemaking Portal at https:// Before including your address, phone Affecting Rulemaking number, email address, or other www.regulations.gov. See the ‘‘Public personal identifying information in your When a State submits a Plan Participation and Request for comment, you should be aware that amendment to OSMRE for review, our Comments’’ portion of the your entire comment—including your regulations at 30 CFR 884.14 and SUPPLEMENTARY INFORMATION section for personal identifying information—may 884.15, and agency policy require further instructions on submitting be made publicly available at any time. public notification and an opportunity comments. for public comment. We accomplish this While you can ask us in your comment FOR FURTHER INFORMATION CONTACT: If by publishing a notice in the Federal to withhold your personal identifying you have questions about this proposed Register indicating receipt of the information from public review, we rulemaking, call or email MST2 proposed amendment and its text or a cannot guarantee that we will be able to Meaghan Barnaby, Waterways summary of its terms. We conclude our do so. Management, U.S. Coast Guard Marine review of the proposed amendment after Safety Unit Cleveland; telephone 216– Public Hearing the close of the public comment period 937–6004, email D09-SMB- and determine whether the amendment If you wish to speak at the public [email protected] hearing, contact the person listed under should be approved, approved in part, SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT by 4 or not approved. At that time, we will p.m., CST on July 22, 2019. If you are also make the determinations and I. Table of Abbreviations disabled and need reasonable certifications required by the various laws and executive orders governing the CFR Code of Federal Regulations accommodations to attend a public DHS Department of Homeland Security hearing, contact the person listed under rulemaking process and include them in FR Federal Register FOR FURTHER INFORMATION CONTACT. We the final rule. NPRM Notice of proposed rulemaking will arrange the location and time of the List of Subjects in 30 CFR Part 918 § Section hearing with those persons requesting U.S.C. United States Code the hearing. If no one requests an Intergovernmental relations, Surface mining, Underground mining. II. Background, Purpose, and Legal opportunity to speak, we will not hold Basis a hearing. Dated: June 11, 2019. To assist the transcriber and ensure an Alfred L. Clayborne, On March 7, 2019, the Conneaut Area accurate record, we request, if possible, Regional Director, Department of Interior, Chamber of Commerce notified the that each person who speaks at the Unified Regions 3. Coast Guard that it will be conducting public hearing provide us with a written [FR Doc. 2019–14335 Filed 7–3–19; 8:45 am] a Water Ski Show from Noon to 5 p.m. on September 7, 2019. There will be copy of his or her comments. The public BILLING CODE 4310–05–P hearing will continue on the specified three separate Water Ski demonstrations date until everyone scheduled to speak within the specified period. The Coast has been given an opportunity to be Guard determined that a high volume of heard. If you are in the audience and DEPARTMENT OF HOMELAND vessels operating in the vicinity of the have not been scheduled to speak and SECURITY event is a safety concern for the event participants. wish to do so, you will be allowed to Coast Guard speak after those who have been The purpose of this rulemaking is to protect the safety of vessels, scheduled. We will end the hearing after 33 CFR Part 165 everyone scheduled to speak and others participants, and the navigable waters in present in the audience who wish to [Docket Number USCG–2019–0469] Conneaut Harbor, Lake Erie, Conneaut, speak, have been heard. OH shoreward of a line between the RIN 1625–AA00 following positions: 41°58′09″ N, Public Meeting 080°33′22″ W and 41°58′07″ N, Safety Zone; Perch and Pilsner ° ′ ″ If only one person requests an Festival, Lake Erie, Conneaut, OH 080 33 12 W (NAD83) before, during, opportunity to speak, we may hold a and immediately after the scheduled public meeting rather than a public AGENCY: Coast Guard, DHS. event. The Coast Guard is proposing this hearing. If you wish to meet with us to ACTION: Notice of proposed rulemaking. rulemaking under authority in 46 U.S.C. discuss the amendment, please request 70034 (previously 33 U.S.C. 1231). a meeting by contacting the person SUMMARY: The Coast Guard is proposing listed under FOR FURTHER INFORMATION to establish a safety zone for navigable III. Discussion of Proposed Rule CONTACT. All such meetings are open to waters within a defined area off The Captain of the Port is proposing the public and, if possible, we will post Conneaut Township Park during the to establish a safety zone from 11:45 notices of meetings at the locations Perch and Pilsner Festival Water Ski a.m. through 5:15 p.m. on September 7,

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2019. The safety zone would cover all B. Impact on Small Entities with the fundamental federalism navigable waters in Conneaut Harbor, The Regulatory Flexibility Act of principles and preemption requirements Lake Erie, Conneaut, OH shoreward of 1980, 5 U.S.C. 601–612, as amended, described in Executive Order 13132. a line between the following positions: requires Federal agencies to consider Also, this proposed rule does not have 41°58′09″ N, 080°33′22″ W and tribal implications under Executive ° ′ ″ ° ′ ″ the potential impact of regulations on 41 58 07 N, 080 33 12 W (NAD83). small entities during rulemaking. The Order 13175 (Consultation and The duration of the zone is intended to term ‘‘small entities’’ comprises small Coordination with Indian Tribal protect the safety of vessels, businesses, not-for-profit organizations Governments) because it would not participants, and these navigable waters that are independently owned and have a substantial direct effect on one or before, during, and immediately after operated and are not dominant in their more Indian tribes, on the relationship the scheduled Noon to 5 p.m. water ski fields, and governmental jurisdictions between the Federal Government and show. No vessel or person would be with populations of less than 50,000. Indian tribes, or on the distribution of permitted to enter the safety zone The Coast Guard certifies under 5 U.S.C. power and responsibilities between the without obtaining permission from the 605(b) that this proposed rule would not Federal Government and Indian tribes. Captain of the Port or a designated have a significant economic impact on If you believe this proposed rule has representative. The regulatory text we a substantial number of small entities. implications for federalism or Indian are proposing appears at the end of this While some owners or operators of tribes, please contact the person listed document. vessels intending to transit the safety in the FOR FURTHER INFORMATION CONTACT section. IV. Regulatory Analyses zone may be small entities, for the reasons stated in section IV.A above, E. Unfunded Mandates Reform Act We developed this proposed rule after this proposed rule would not have a considering numerous statutes and significant economic impact on any The Unfunded Mandates Reform Act Executive orders related to rulemaking. vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires Below we summarize our analyses If you think that your business, Federal agencies to assess the effects of based on a number of these statutes and organization, or governmental their discretionary regulatory actions. In Executive orders and we discuss First jurisdiction qualifies as a small entity particular, the Act addresses actions Amendment rights of protestors. and that this rule would have a that may result in the expenditure by a significant economic impact on it, State, local, or tribal government, in the A. Regulatory Planning and Review please submit a comment (see aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or Executive Orders 12866 and 13563 ADDRESSES) explaining why you think it qualifies and how and to what degree more in any one year. Though this direct agencies to assess the costs and proposed rule would not result in such benefits of available regulatory this rule would economically affect it. Under section 213(a) of the Small an expenditure, we do discuss the alternatives and, if regulation is Business Regulatory Enforcement effects of this rule elsewhere in this necessary, to select regulatory Fairness Act of 1996 (Pub. L. 104–121), preamble. approaches that maximize net benefits. we want to assist small entities in Executive Order 13771 directs agencies F. Environment understanding this proposed rule. If the to control regulatory costs through a rule would affect your small business, We have analyzed this proposed rule budgeting process. This NPRM is not organization, or governmental under Department of Homeland designated a ‘‘significant regulatory jurisdiction and you have questions Security Directive 023–01 and action,’’ under Executive Order 12866. concerning its provisions or options for Environmental Planning COMDTINST Accordingly, the NPRM was not compliance, please contact the person 5090.1 (series), which guide the Coast reviewed by the Office of Management listed in the FOR FURTHER INFORMATION Guard in complying with the National and Budget (OMB), and pursuant to CONTACT section. The Coast Guard will Environmental Policy Act of 1969 (42 OMB guidance it is exempt from the not retaliate against small entities that U.S.C. 4321–4370f), and have made a requirements of Executive Order 13771. question or complain about this preliminary determination that this This regulatory action determination proposed rule or any policy or action of action is one of a category of actions that is based on the conclusion that this rule the Coast Guard. do not individually or cumulatively is not a significant regulatory action. We have a significant effect on the human anticipate that it will have minimal C. Collection of Information environment. This proposed rule impact on the economy, will not This proposed rule would not call for involves a safety zone lasting five and interfere with other agencies, will not a new collection of information under a half hours that would prohibit entry adversely alter the budget of any grant the Paperwork Reduction Act of 1995 in all waters in Conneaut Harbor, Lake or loan recipients, and will not raise any (44 U.S.C. 3501–3520). Erie, Conneaut, OH shoreward of a line novel legal or policy issues. The safety between the following positions: zone created by this rule will be D. Federalism and Indian Tribal 41°58′09″ N, 080°33′22″ W and relatively small and enforced for a Governments 41°58′07″ N, 080°33′12″ W (NAD83). relatively short time. Also, the safety A rule has implications for federalism Normally such actions are categorically zone is designed to minimize its impact under Executive Order 13132 excluded from further review under on navigable waters. Furthermore, the (Federalism), if it has a substantial paragraph L60(a) in Table 3–1 of U.S. safety zone is designed to allow vessels direct effect on the States, on the Coast Guard Environmental Planning to transit around it. Thus, restrictions on relationship between the national Implementing Procedures 5090.1. A vessel movement within that particular government and the States, or on the preliminary Record of Environmental area are expected to be minimal. Under distribution of power and Consideration supporting this certain conditions, moreover, vessels responsibilities among the various determination is available in the docket may still transit through the safety zone levels of government. We have analyzed where indicated under ADDRESSES. We when permitted by the Captain of the this proposed rule under that Order and seek any comments or information that Port. have determined that it is consistent may lead to the discovery of a

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significant environmental impact from PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION this proposed rule. AREAS AND LIMITED ACCESS AREAS AGENCY G. Protest Activities ■ 1. The authority citation for part 165 40 CFR Part 60 The Coast Guard respects the First continues to read as follows: [EPA–HQ–OAR–2018–0851; FRL–9996–20– OAR] Amendment rights of protesters. Authority: 46 U.S.C. 70034, 70051; 33 CFR Protesters are asked to contact the 1.05–1, 6.04–1, 6.04–6, and 160.5; RIN 2060–AU27 person listed in the FOR FURTHER Department of Homeland Security Delegation INFORMATION CONTACT section to No. 0170.1. Standards of Performance for coordinate protest activities so that your Stationary Compression Ignition message can be received without ■ 2. Add § 165.T09–0469 to read as Internal Combustion Engines jeopardizing the safety or security of follows: AGENCY: Environmental Protection people, places, or vessels. § 165.T09–0469 Safety Zone; Perch and Agency (EPA). V. Public Participation and Request for Pilsner Festival; Lake Erie, Conneaut, OH. ACTION: Proposed rule; amendments. Comments (a) Location. The safety zone SUMMARY: The U.S. Environmental We view public participation as encompasses all waters in Conneaut Protection Agency (EPA) is proposing essential to effective rulemaking, and Harbor, Lake Erie, Conneaut, OH amendments to the Standards of shoreward of a line between the Performance for Stationary Compression will consider all comments and material ° ′ ″ received during the comment period. following positions: 41 58 09 N, Ignition Internal Combustion Engines. 080°33′22″ W and 41°58′07″ N, In the ‘‘Rules and Regulations’’ section Your comment can help shape the ° ′ ″ outcome of this rulemaking. If you 080 33 12 W (NAD83). of this Federal Register, we are submit a comment, please include the (b) Enforcement period. This publishing a direct final rule, without a docket number for this rulemaking, regulation will be enforced from 11:45 prior proposed rule that revises the indicate the specific section of this a.m. through 5:15 p.m. on September 7, emission standards for particulate matter for new stationary compression document to which each comment 2019. ignition (CI) engines located in remote applies, and provide a reason for each (c) Regulations. (1) In accordance with areas of Alaska. If we receive no adverse suggestion or recommendation. the general regulations in § 165.23 of comment, we will not take further We encourage you to submit this part, entry into, transiting, or action on this proposed rule. comments through the Federal anchoring within this safety zone is DATES: Comments. Comments must be eRulemaking Portal at https:// prohibited unless authorized by the received on or before August 5, 2019, or www.regulations.gov. If your material Captain of the Port Buffalo or a 30 days after date of public hearing, if cannot be submitted using https:// designated on-scene representative. one is requested. www.regulations.gov, contact the person (2) This safety zone is closed to all Public hearing. If anyone contacts us in the FOR FURTHER INFORMATION vessel traffic, except as may be requesting a public hearing on or before CONTACT section of this document for permitted by the Captain of the Port July 10, 2019, we will hold a hearing. alternate instructions. Buffalo or a designated on-scene Additional information about the We accept anonymous comments. All representative. hearing, if requested, will be published comments received will be posted in a subsequent Federal Register (3) The ‘‘on-scene representative’’ of document and posted at https:// without change to https:// the Captain of the Port Buffalo is any www.epa.gov/stationary-engines/new- www.regulations.gov and will include Coast Guard commissioned, warrant or source-performance-standards- any personal information you have petty officer who is designated by the stationary-compression-ignition- provided. For more about privacy and Captain of the Port Buffalo to act on his internal-0. See SUPPLEMENTARY the docket, visit https:// or her behalf. INFORMATION for information on www.regulations.gov/privacyNotice. (4) Vessel operators desiring to enter requesting and registering for a public Documents mentioned in this NPRM or operate within the safety zone shall hearing. as being available in the docket, and all contact the Captain of the Port Buffalo ADDRESSES: You may send comments, public comments, will be in our online or an on-scene representative to obtain identified by Docket ID No. EPA–HQ– docket at https://www.regulations.gov permission to do so. The Captain of the OAR–2018–0851, by any of the and can be viewed by following that Port Buffalo or an on-scene following methods: website’s instructions. Additionally, if representative may be contacted via • Federal eRulemaking Portal: you go to the online docket and sign up VHF Channel 16. Vessel operators given https://www.regulations.gov/ (our for email alerts, you will be notified permission to enter or operate in the preferred method). Follow the online when comments are posted or a final safety zone must comply with all instructions for submitting comments. rule is published. directions given to them by the Captain • Email: [email protected]. Include Docket ID No. EPA–HQ–OAR– List of Subjects in 33 CFR Part 165 of the Port Buffalo, or his or her on- scene representative. 2018–0851 in the subject line of the Harbors, Marine safety, Navigation message. Dated: June 25, 2019. • (water), Reporting and record keeping Fax: (202) 566–9744. Attention requirements, Security measures, Joseph S. Dufresne, Docket ID No. EPA–HQ–OAR–2018– Waterways. Captain, U.S. Coast Guard, Captain of the 0851. Port Buffalo. • Mail: U.S. Environmental For the reasons discussed in the [FR Doc. 2019–13880 Filed 7–3–19; 8:45 am] Protection Agency, EPA Docket Center, preamble, the Coast Guard is proposing BILLING CODE 9110–04–P Docket ID No. EPA–HQ–OAR–2018– to amend 33 CFR part 165 as follows: 0851, Mail Code 28221T, 1200

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Pennsylvania Avenue NW, Washington, the public docket without change and media as CBI and then identify DC 20460. may be made available online at https:// electronically within the digital storage • Hand/Courier Delivery: EPA Docket www.regulations.gov/, including any media the specific information that is Center, WJC West Building, Room 3334, personal information provided, unless claimed as CBI. In addition to one 1301 Constitution Avenue NW, the comment includes information complete version of the comments that Washington, DC 20004. The Docket claimed to be CBI or other information includes information claimed as CBI, Center’s hours of operation are 8:30 whose disclosure is restricted by statute. you must submit a copy of the a.m.–4:30 p.m., Monday–Friday (except Do not submit information that you comments that does not contain the Federal holidays). consider to be CBI or otherwise information claimed as CBI directly to Instructions: All submissions received protected through https:// the public docket through the must include the Docket ID No. for this www.regulations.gov/ or email. This procedures outlined in Instructions rulemaking. Comments received may be type of information should be submitted above. If you submit any digital storage posted without change to https:// by mail as discussed below. media that does not contain CBI, mark www.regulations.gov/, including any The EPA may publish any comment the outside of the digital storage media personal information provided. For received to its public docket. clearly that it does not contain CBI. detailed instructions on sending Multimedia submissions (audio, video, Information not marked as CBI will be comments and additional information etc.) must be accompanied by a written included in the public docket and the on the rulemaking process, see the comment. The written comment is EPA’s electronic public docket without SUPPLEMENTARY INFORMATION section of considered the official comment and prior notice. Information marked as CBI this document. should include discussion of all points will not be disclosed except in FOR FURTHER INFORMATION CONTACT: For you wish to make. The EPA will accordance with procedures set forth in questions about this proposed action, generally not consider comments or 40 Code of Federal Regulations (CFR) contact Melanie King, Sector Policies comment contents located outside of the part 2. Send or deliver information and Programs Division (D243–01), primary submission (i.e., on the Web, identified as CBI only to the following Office of Air Quality Planning and cloud, or other file sharing system). For address: OAQPS Document Control Standards, U.S. Environmental additional submission methods, the full Officer (C404–02), OAQPS, U.S. Protection Agency, Research Triangle EPA public comment policy, Environmental Protection Agency, information about CBI or multimedia Park, North Carolina 27711; telephone Research Triangle Park, North Carolina submissions, and general guidance on number: (919) 541–2469; fax number: 27711, Attention Docket ID No. EPA– making effective comments, please visit (919) 541–4991; and email address: HQ–OAR–2018–0851. https://www.epa.gov/dockets/ [email protected]. commenting-epa-dockets. I. Direct Final Rule SUPPLEMENTARY INFORMATION: The https://www.regulations.gov/ A direct final rule that would make Public hearing. Please contact Adrian website allows you to submit your the same changes as those proposed in Gates at (919) 541–4860 or by email at comment anonymously, which means this notice is published in the Rules and [email protected] to request a the EPA will not know your identity or Regulations section of this Federal public hearing, to register to speak at the contact information unless you provide Register. The EPA has published a public hearing, or to inquire as to it in the body of your comment. If you direct final action on the amendments whether a public hearing will be held. send an email comment directly to the that are also proposed in this action Docket. The EPA has established a EPA without going through https:// because we view the amendments as docket for this rulemaking under Docket www.regulations.gov/, your email noncontroversial and anticipate no ID No. EPA–HQ–OAR–2018–0851. All address will be automatically captured significant adverse comments. The EPA documents in the docket are listed in and included as part of the comment has explained our reasons for these Regulations.gov. Although listed, some that is placed in the public docket and amendments in the direct final rule. If information is not publicly available, made available on the internet. If you no significant adverse comments are e.g., Confidential Business Information submit an electronic comment, the EPA received, no further action will be taken (CBI) or other information whose recommends that you include your on the proposal, and the direct final rule disclosure is restricted by statute. name and other contact information in will become effective as provided in Certain other material, such as the body of your comment and with any that action. copyrighted material, is not placed on digital storage media you submit. If the If the EPA receives significant adverse the internet and will be publicly EPA cannot read your comment due to comments, we will withdraw the direct available only in hard copy. Publicly technical difficulties and cannot contact final rule. The EPA will publish a available docket materials are available you for clarification, the EPA may not timely withdrawal in the Federal either electronically in Regulations.gov be able to consider your comment. Register. If the direct final rule in the or in hard copy at the EPA Docket Electronic files should not include Rules and Regulations section of this Center, Room 3334, EPA WJC West special characters or any form of Federal Register is withdrawn, all Building, 1301 Constitution Avenue encryption and be free of any defects or comments will be addressed in a NW, Washington, DC. The Public viruses. For additional information subsequent final rule based on this Reading Room is open from 8:30 a.m. to about the EPA’s public docket, visit the proposal. In such case, the EPA does not 4:30 p.m., Monday through Friday, EPA Docket Center homepage at https:// intend to institute a second comment excluding legal holidays. The telephone www.epa.gov/dockets. period pertaining to the amendments on number for the Public Reading Room is Submitting CBI. Do not submit the subsequent final action. Any parties (202) 566–1744, and the telephone information containing CBI to the EPA interested in commenting should do so number for the EPA Docket Center is through https://www.regulations.gov/ or at this time. (202) 566–1742. email. Clearly mark the part or all of the The amendments to the regulatory Instructions. Direct your comments to information that you claim to be CBI. text proposed in this notice are identical Docket ID No. EPA–HQ–OAR–2018– For CBI information on any digital to the amendments made in the direct 0851. The EPA’s policy is that all storage media that you mail to the EPA, final rule published in the Rules and comments received will be included in mark the outside of the digital storage Regulations section of this Federal

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Register. For further supplementary 330 C Street SW, Washington, DC program has only one formula grantee in information, the detailed rationale for 20201. Hawaii. the proposal and the regulatory FOR FURTHER INFORMATION CONTACT: Executive Orders 12866, 13563, 13771, revisions, see the direct final rule Vicki Gottlich, Director, Center for and 13777 published in the Rules and Regulations Policy and Evaluation, Administration section of this Federal Register. for Community Living, U.S. Department Executive Orders 12866 and 13563 direct agencies to assess all costs and II. Statutory and Executive Order of Health and Human Services, by benefits of available regulatory Reviews phone at (202) 795 or by email at [email protected]. alternatives and, if regulation is For a complete discussion of the necessary, to select regulatory SUPPLEMENTARY INFORMATION: In administrative requirements applicable approaches that maximize net benefits to this action, see the direct final rule in response to Executive Order 13777, Sec. 3(d), which directs agencies to repeal (including potential economic, the Rules and Regulations section of this environmental, public health and safety Federal Register. existing regulations that are ‘‘outdated, unnecessary or ineffective’’ from the effects, distributive impacts, and Dated: June 27, 2019. Code of Federal Regulations (CFR), HHS equity). Executive Order 13771 directs Andrew R. Wheeler, is removing 45 CFR part 1323, Grants agencies to categorize all impacts which Administrator. for Supportive and Nutritional Services generate or alleviate costs associated with regulatory burden and to [FR Doc. 2019–14374 Filed 7–3–19; 8:45 am] to Older Hawaiian Natives. The action determine the actions net incremental BILLING CODE 6560–50–P is expected to be non-controversial, as it merely removes certain provisions from effect. the CFR that are unnecessary and Section 3(f) of Executive Order 12866 defines a ‘‘significant regulatory action’’ DEPARTMENT OF HEALTH AND duplicative of statutory language. In the as an action that is likely to result in a HUMAN SERVICES future, details regarding the process for requesting a hearing should an rule: (1) Having an annual effect on the Administration for Community Living application be denied will be included economy of $100 million or more in any in the grant application package for this 1 year, or adversely and materially 45 CFR Part 1323 program. Given the length of time (30 affecting a sector of the economy, productivity, competition, jobs, the RIN 0985–AA14 years) since this particular regulation has been promulgated, it is HHS’s environment, public health or safety, or State, local or Tribal governments or Grants for Supportive and Nutritional assessment that the agency is unlikely to receive any comments opposing the communities (also referred to as Services to Older Hawaiian Natives ‘‘economically significant’’); (2) creating Program repeal of this regulation. This rule poses no new substantive requirements or a serious inconsistency or otherwise AGENCY: Administration for Community burdens on the public, as well as no cost interfering with an action taken or Living (ACL); HHS. savings or imposed costs. planned by another agency; (3) ACTION: Proposed rule. materially altering the budgetary Background impacts of entitlement grants, user fees, SUMMARY: This rule removes 45 CFR part 1323 follows Title VI or loan programs or the rights and unnecessary regulations for the Grants (part B) of the Older Americans Act, as obligations of recipients thereof; or (4) for Supportive and Nutritional Services amended, establishing the requirements raising novel legal or policy issues to Older Hawaiian Natives program that a public or nonprofit private arising out of legal mandates, the awarded under Older Americans Act. organization must meet in order to President’s priorities, or the principles The regulations were promulgated in receive a grant to promote the delivery set forth in the Executive Order. 1988. Since that time ACL’s of services for older Hawaiian Natives A regulatory impact analysis (RIA) Administration on Aging has worked that are comparable to services provided must be prepared for major rules with with stakeholders to clarify guidance under Title III of the Older Americans economically significant effects ($100 and issues through the regular grant Act. This regulation also prescribes million or more in any 1 year). HHS application, reporting and technical application and hearing requirements submits that this proposed rule is not assistance processes, eliminating the and procedures for these grants. There ‘‘economically significant’’ as measured need for additional regulations. This has not been a proliferation of by the $100 million threshold, and particular program has only one formula regulations developed for this program hence not a major rule under the grantee in Hawaii, and the regulations since the base regulation was developed Congressional Review Act. This rule has are duplicative of statutory language. in 1988. Since that time, ACL’s not been designated as a ‘‘significant The removal of the regulations will not Administration on Aging has worked regulatory action’’ under Executive create any challenges for the Supportive with worked with stakeholders to clarify Order 12866. Accordingly, this rule has and Nutritional Services to Older guidance and issues through the regular not been reviewed by the Office of Hawaiian Natives program or for other grant application, reporting and Management and Budget (OMB). programs funded under the Older technical assistance processes, Executive Order 13771, titled Americans Act. eliminating the need for additional ‘‘Reducing Regulation and Controlling DATES: Submit either electronic or regulations. Rescission of this rule will Regulatory Costs,’’ was issued on written comments on this document by have little to no impact on the January 30, 2017. HHS identifies this September 3, 2019. implementation of the program, and proposed rule as a deregulatory action ADDRESSES: Submit comment to Vicki while deregulation will not decrease (removing an obsolete rule from the Gottlich, Director, Center for Policy and burden, this regulation is no longer Code of Federal Regulations). For the Evaluation, Administration for necessary. There is no legal risk or purposes of Executive Order 13771, this Community Living, U.S. Department of mitigation required in rescinding this proposed rule is not a substantive rule; Health and Human Services, by email at regulation. Additionally, this rule is not rather it is administrative in nature and [email protected] or by mail at economically significant. This particular provides no cost savings.

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Executive Order 13777, titled FEDERAL COMMUNICATIONS 12th St. SW, Room TW–A325, ‘‘Enforcing the Regulatory Reform COMMISSION Washington, DC 20554. The filing hours Agenda,’’ was issued on February 24, are 8 a.m. to 7 p.m. All hand deliveries 2017. As required by Section 3 of this 47 CFR Part 54 must be held together with rubber bands Executive Order, HHS established a [WC Docket No. 10–90; DA 19–504] or fasteners. Any envelopes and boxes Regulatory Reform Task Force (HHS must be disposed of before entering the Task Force). Pursuant to Section 3(d)(ii), Connect America Fund building. D the HHS Task Force evaluated this Commercial overnight mail (other AGENCY: Federal Communications than U.S. Postal Service Express Mail rulemaking and determined that these Commission. and Priority Mail) must be sent to 9050 regulations are ‘‘outdated, unnecessary, ACTION: Proposed action. Junction Drive, Annapolis Junction, MD or ineffective.’’ Following this finding, 20701. the HHS Task Force advised the HHS SUMMARY: In this document, the D U.S. Postal Service first-class, ACL Administrator to initiate this Wireline Competition Bureau (Bureau) Express, and Priority mail must be rulemaking to remove the unnecessary seeks comment on approaches to addressed to 445 12th Street SW, regulation from the Code of Federal identify and resolve apparent Washington DC 20554. Regulations. discrepancies between the number of People with Disabilities: To request model-determined funded locations that materials in accessible formats for Regulatory Flexibility Act Alternative Connect America Model (A– people with disabilities (braille, large This action will not have a significant CAM) I and II support recipients are print, electronic files, audio format), economic impact on a substantial expected to serve (funded locations) and send an email to [email protected] or call number of small entities, especially the actual number of locations that the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– since it would only affect one small support recipients can serve (actual 418–0432 (tty). stakeholder in Hawaii (the sole grantee). locations). FOR FURTHER INFORMATION CONTACT: Therefore, the regulatory flexibility DATES: Comments are due on or before Nissa Laughner, Wireline Competition analysis provided for under the July 19, 2019. If you anticipate that you Bureau, (202) 418–7400 or TTY: (202) Regulatory Flexibility Act is not will be submitting comments, but find 418–0484. required. it difficult to do so within the period of time allowed by this document, you SUPPLEMENTARY INFORMATION: This is a Paperwork Reduction Act should advise the contact listed below summary of the Bureau’s Public Notice as soon as possible. (Notice) in WC Docket No. 10–90; DA This action does not affect any 19–504, released on June 5, 2019. The ADDRESSES: Pursuant to sections 1.415 information collections. full text of this document is available for and 1.419 of the Federal public inspection during regular List of Subjects in 45 CFR Part 1323 Communications Commission business hours in the FCC Reference (Commission’s) rules, 47 CFR 1.415, Center, Room CY–A257, 445 12th Street, Administrative practice and 1.419, interested parties may file SW, Washington, DC 20554 or at the procedure, Aged, Colleges and comments and reply comments on or following internet address: https:// universities, Grant programs— before the dates indicated on the first www.fcc.gov/document/corrected-cam- Education, Grant programs—Indians, page of this document. Comments and Grant programs—social programs, ii-offers-deadline-extension-location- reply comments may be filed using the adjustments. Indians, Individuals with disabilities, Commission’s Electronic Comment Legal services, Long term care, Filing System (ECFS). See Electronic I. Adjustments of A–CAM Support Due Nutrition, Research, Reporting and Filing of Documents in Rulemaking to Number of Locations in Eligible recordkeeping requirements. Proceedings, 63 FR 24121 (1998). Census Blocks D Electronic Filers: Comments may be 1. The Bureau also seeks comment on PART 1323—[REMOVED] filed electronically using the internet by approaches to identify and resolve accessing the ECFS: http://apps.fcc.gov/ apparent discrepancies between the ■ For the reasons stated in the preamble, ecfs/. number of model-determined funded and under the authority of 5 U.S.C. 501, D Paper Filers: Parties who choose to locations that A–CAM I and II support the Administration for Community file by paper must file an original and recipients are expected to serve (funded Living, Department of Health and one copy of each filing. If more than one locations) and the actual number of Human Services proposes to remove 45 docket or rulemaking number appears in locations that support recipients can CFR part 1323. the caption of this proceeding, filers serve (actual locations). In the 2016 must submit two additional copies for Rate-of-Return Reform Order, 81 FR Lance Robertson, each additional docket or rulemaking 24282, April 25, 2016, the Commission Administrator and Assistant Secretary for number. stated that ‘‘[c]arriers that discover there Aging, Administration for Community Living. Filings can be sent by hand or is a widely divergent number of Alex M. Azar II, messenger delivery, by commercial locations in their funded census blocks Secretary, Department of Health and Human overnight courier, or by first-class or as compared to the model should have Services. overnight U.S. Postal Service mail. All the opportunity to seek an adjustment to [FR Doc. 2019–13849 Filed 7–3–19; 8:45 am] filings must be addressed to the modify the deployment obligations.’’ Commission’s Secretary, Office of the BILLING CODE 4154–01–P The Commission further delegated Secretary, Federal Communications authority to the Bureau to address these Commission. discrepancies ‘‘by adjusting the number D All hand-delivered or messenger- of funded locations downward and delivered paper filings for the reducing associated funding levels.’’ Commission’s Secretary must be 2. In the 2018 Locations Adjustment delivered to FCC Headquarters at 445 Public Notice, 83 FR 49040, September

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28, 2018, the Bureau sought comment pursuant to the Small Business filings in the proceeding, the presenter on the same issue with respect to Paperwork Relief Act of 2002, Public may provide citations to such data or Connect America Fund Phase II auction Law 107–198, see 44 U.S.C. 3506(c)(4), arguments in his or her prior comments, support recipients. The Bureau directs we seek specific comment on how we memoranda, or other filings (specifying interested parties to that Public Notice might further reduce the information the relevant page and/or paragraph and asks them to provide comment collection burden for small business numbers where such data or arguments regarding whether the procedure concerns with fewer than 25 employees. can be found) in lieu of summarizing proposed in that instance would be 4. Permit but Disclose Ex Parte them in the memorandum. Documents appropriate for A–CAM recipients. If Contact. For the purposes of the shown or given to Commission staff not, parties are invited to comment on Commission’s ex parte rules, during ex parte meetings are deemed to what changes would be necessary to information filed in this proceeding will be written ex parte presentations and make those procedures appropriate for be treated as initiating a permit-but- must be filed consistent with rule A–CAM recipients. Comments should disclose proceeding under the 1.1206(b). In proceedings governed by address the unique characteristics of A– Commission’s rules. Persons making ex rule 1.49(f) or for which the CAM support recipients as it relates to parte presentations must file a copy of Commission has made available a the locations adjustment issue and any written presentation or a method of electronic filing, written ex should be submitted by the date memorandum summarizing any oral parte presentations and memoranda indicated on the first page of this presentation within two business days summarizing oral ex parte Notice. after the presentation (unless a different presentations, and all attachments deadline applicable to the Sunshine thereto, must be filed through the II. Procedural Matters period applies). Persons making oral ex electronic comment filing system A. Paperwork Reduction Act parte presentations are reminded that available for that proceeding, and must memoranda summarizing the be filed in their native format 3. This document contains proposed presentation must (1) list all persons (e.g.,.doc,.xml,.ppt, searchable.pdf). modified information collection attending or otherwise participating in Participants in this proceeding should requirements. The Bureau, as part of its the meeting at which the ex parte familiarize themselves with the continuing effort to reduce paperwork presentation was made, and (2) Commission’s ex parte rules. burdens, invites the general public and summarize all data presented and the Office of Management and Budget arguments made during the Federal Communications Commission. (OMB) to comment on the information presentation. If the presentation D’wana R. Terry, collection requirements contained in consisted in whole or in part of the Associate Bureau Chief, Wireline Competition this document, as required by the presentation of data or arguments Bureau. Paperwork Reduction Act of 1995, already reflected in the presenter’s [FR Doc. 2019–14331 Filed 7–3–19; 8:45 am] Public Law 104–13. In addition, written comments, memoranda or other BILLING CODE 6712–01–P

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Notices Federal Register Vol. 84, No. 129

Friday, July 5, 2019

This section of the FEDERAL REGISTER be affected by highly pathogenic avian confirming that the HPAI occurred in contains documents other than rules or influenza (HPAI). This action follows commercial birds or poultry, APHIS proposed rules that are applicable to the our imposition of HPAI-related issued an import alert to place public. Notices of hearings and investigations, restrictions on avian commodities restrictions on the importation of committee meetings, agency decisions and originating from or transiting Bulgaria as poultry, commercial birds, other types rulings, delegations of authority, filing of petitions and applications and agency a result of the confirmation of HPAI in of birds (research, performing), ratites, statements of organization and functions are Bulgaria. any avian hatching eggs, unprocessed examples of documents appearing in this DATES: Bulgaria was added to a list of avian products and byproducts, and section. regions APHIS considers to be affected certain fresh poultry products from with HPAI on October 3, 2018. Bulgaria, on October 25, 2017, to FOR FURTHER INFORMATION CONTACT: Dr. mitigate risk of HPAI introduction into AFRICAN DEVELOPMENT Ingrid Kotowski, Regionalization the United States. Those restrictions FOUNDATION Evaluation Services, Strategy and went into effect on October 17, 2017, the Policy, VS, APHIS, 920 Main Campus reported date of confirmation of the Public Quarterly Meeting of the Board Drive, Suite 200, Raleigh, NC 27606; HPAI occurrence in Bulgaria. On of Directors (919) 855–7732; email: October 26, 2017, APHIS added Bulgaria AGENCY: United States African [email protected]. to a list of regions under temporary Development Foundation. SUPPLEMENTARY INFORMATION: The restriction. With the publication of this notice, we are informing the public that ACTION: Notice of meeting. regulations in 9 CFR part 94 (referred to below as the regulations) govern the we removed Bulgaria from the list of SUMMARY: The US African Development importation of certain animals and regions under temporary restriction and Foundation (USADF) will hold its animal products into the United States added Bulgaria to the list of regions quarterly meeting of the Board of to prevent the introduction of various APHIS considers affected with HPAI of Directors to discuss the agency’s animal diseases, including Newcastle any subtype on October 3, 2018. programs and administration. This disease and highly pathogenic avian Authority: 7 U.S.C. 1633, 7701–7772, meeting will occur via telephone as a influenza (HPAI). The regulations 7781–7786, and 8301–8317; 21 U.S.C. 136 conference call. prohibit or restrict the importation of and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, DATES: The meeting date is Tuesday, live poultry, poultry meat, and other and 371.4. July 16, 2019, 10:30 a.m. to 12:00 p.m. poultry products from regions where Done in Washington, DC, this 1st day of ADDRESSES: The meeting location is these diseases are considered to exist. July 2019. USADF, 1400 I St. NW, Suite 1000, Section 94.6 of the regulations Kevin Shea, Washington, DC 20005. contains requirements governing the Administrator, Animal and Plant Health importation into the United States of FOR FURTHER INFORMATION CONTACT: June Inspection Service. carcasses, meat, parts or products of Brown, (202)233–8882. [FR Doc. 2019–14324 Filed 7–3–19; 8:45 am] carcasses, and eggs (other than hatching BILLING CODE 3410–34–P Authority: Public Law 96–533 (22 U.S.C. eggs) of poultry, game birds, or other 290h). birds from regions of the world where Dated: July 1, 2019. HPAI exists or is reasonably believed to DEPARTMENT OF AGRICULTURE June B. Brown, exist. HPAI is an extremely infectious General Counsel. and potentially fatal form of avian Forest Service [FR Doc. 2019–14357 Filed 7–3–19; 8:45 am] influenza in birds and poultry that, once established, can spread rapidly from Sabine-Angelina Resource Advisory BILLING CODE 6117–01–P flock to flock. A list of regions that the Committee Animal and Plant Health Inspection Service (APHIS) considers affected with AGENCY: Forest Service, USDA. DEPARTMENT OF AGRICULTURE HPAI of any subtype is maintained on ACTION: Notice of meeting. Animal and Plant Health Inspection the APHIS website at https:// Service www.aphis.usda.gov/aphis/ourfocus/ SUMMARY: The Sabine-Angelina animalhealth/animal-and-animal- Resource Advisory Committee (RAC) [Docket No. APHIS–2018–0077] product-import-information/animal- will meet in Hemphill, Texas. The health-status-of-regions. committee is authorized under the Addition of Bulgaria to the List of APHIS receives notice of HPAI Secure Rural Schools and Community Regions Affected With Highly outbreaks from veterinary officials of the Self-Determination Act (the Act) and Pathogenic Avian Influenza exporting country, from the World operates in compliance with the Federal AGENCY: Animal and Plant Health Organization for Animal Health (OIE), Advisory Committee Act. The purpose Inspection Service, USDA. or from other sources the Administrator of the committee is to improve ACTION: Notice. determines to be reliable. On October collaborative relationships and to 22, 2017, the veterinary authorities of provide advice and recommendations to SUMMARY: We are advising the public Bulgaria reported to the OIE that HPAI the Forest Service concerning projects that we added Bulgaria to the list of occurrence in that country was and funding consistent with Title II of regions that the Animal and Plant confirmed on October 17, 2017. the Act. RAC information can be found Health Inspection Service considers to Subsequent to that report, and after at the following website: http://

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cloudapps-usda-gov.force.com/FSSRS/ section titled FOR FURTHER INFORMATION Adjournment _ RAC Page?id=001t0000002JcvCAAS. CONTACT. All reasonable Dated: July 1, 2019. DATES: The meeting will be held on accommodation requests are managed David Mussatt, on a case by case basis. Thursday, July 18, 2019, at 3:00 p.m. Supervisory Chief, Regional Programs Unit. All RAC meetings are subject to Dated: June 14, 2019. [FR Doc. 2019–14342 Filed 7–3–19; 8:45 am] cancellation. For status of the meeting Frank R. Beum, BILLING CODE P prior to attendance, please contact the Acting Associate Deputy Chief, National person listed under FOR FURTHER Forest System. INFORMATION CONTACT. [FR Doc. 2019–14317 Filed 7–3–19; 8:45 am] COMMISSION ON CIVIL RIGHTS ADDRESSES : The meeting will be held at BILLING CODE 3411–15–P the Sabine Ranger District, 5050 State Agenda and Notice of Public Meeting Highway 21 East, Hemphill, Texas. of the South Dakota Advisory Written comments may be submitted COMMISSION ON CIVIL RIGHTS Committee as described under SUPPLEMENTARY AGENCY: Commission on Civil Rights. INFORMATION. All comments, including Notice of Public Meeting of the Florida ACTION: names and addresses when provided, Advisory Committee Announcement of meeting. are placed in the record and are SUMMARY: Notice is hereby given, available for public inspection and AGENCY: U.S. Commission on Civil pursuant to the provisions of the rules copying. The public may inspect Rights. and regulations of the U.S. Commission comments received at the Sabine Ranger ACTION: Notice of meeting. on Civil Rights (Commission), and the District. Please call ahead at 409–625– Federal Advisory Committee Act 1940 to facilitate entry into the building. SUMMARY: Notice is hereby given, pursuant to the provisions of the rules (FACA), that a planning meeting of the FOR FURTHER INFORMATION CONTACT: and regulations of the U.S. Commission South Dakota Advisory Committee to Becky Nix, RAC Coordinator, by phone the Commission will convene at 12:00 at 409–625–1940 or via email at bnix@ on Civil Rights (Commission) and the Federal Advisory Committee Act that p.m. (MDT) on Monday, July 22, 2019 fs.fed.us. via teleconference. The purpose of the Individuals who use the Florida Advisory Committee will hold a meeting on Wednesday July 17, meeting is to review and vote on a telecommunication devices for the deaf revised Advisory Memorandum to wrap (TDD) may call the Federal Information 2019; 12:00 p.m. to discuss and continue finalizing details of the Voter up the Committee’s work on subtle Relay Service (FIRS) at 1–800–877–8339 racism in South Dakota. between 8:00 a.m. and 8:00 p.m., Disenfranchisement public hearing to be DATES: Monday, July 22, 2019, at 12:00 Eastern Standard Time, Monday held on Tuesday July 23, 2019. p.m. (MDT). through Friday. DATES: The meeting will be held on ADDRESSES: To be held via SUPPLEMENTARY INFORMATION: The Wednesday July 17, 2019; 12:00 p.m. teleconference: 1–855–719–5012, purpose of the meeting is to: EST. 1. Approve minutes from June 19, Public Call Information: Conference ID: 7805784. TDD: Dial 2018 meeting; Teleconference 800–353–6461, Federal Relay Service 1–800–877–8339 2. Discuss, recommend, and approve Conference ID: 6301308. and give the operator the above new Title II projects; FOR FURTHER INFORMATION CONTACT: Jeff conference call number and conference 3. Discuss forthcoming Stewardship Hinton, DFO, at 312–353–8311 or ID. Projects; and [email protected]. FOR FURTHER INFORMATION CONTACT: 4. Discuss upcoming Project Planning SUPPLEMENTARY INFORMATION: Members Evelyn Bohor, [email protected], 303– efforts. of the public are invited to come in and 866–1040. The meeting is open to the public. listen to the discussion. Written SUPPLEMENTARY INFORMATION: Members The agenda will include time for people comments will be accepted until July of the public may listen to the to make oral statements of three minutes 15, 2019 and may be mailed to the discussion by dialing the following or less. Individuals wishing to make an Regional Program Unit Office, U.S. Conference Call Toll-Free Number: 1– oral statement should request in writing Commission on Civil Rights, 230 S. 855–719–5012; Conference ID: 7805784. by Friday, July 5, 2019, to be scheduled Dearborn, Suite 2120, Chicago, IL Please be advised that before being on the agenda. Anyone who would like 60604. They may also be faxed to the placed into the conference call, the to bring related matters to the attention Commission at (312) 353–8324 or may operator will ask callers to provide their of the committee may file written be emailed to the Regional Director, Jeff names, their organizational affiliations statements with the committee staff Hinton at [email protected]. Records of (if any), and an email address (if before or after the meeting. Written the meeting will be available via available) prior to placing callers into comments and requests for time for oral www.facadatabase.gov under the the conference room. Callers can expect comments must be sent to Becky Nix, Commission on Civil Rights, Florida to incur charges for calls they initiate RAC Coordinator, 5050 State Highway Advisory Committee link. Persons over wireless lines, and the Commission 21 East, Hemphill, Texas 75948; by interested in the work of this Committee will not refund any incurred charges. email to [email protected], or via facsimile are directed to the Commission’s Callers will incur no charge for calls to 409–625–1953. website, http://www.usccr.gov, or may they initiate over land-line connections Meeting Accommodations: If you are contact the Southern Regional Office at to the toll-free phone number. a person requiring reasonable the above email or street address. Persons with hearing impairments accommodation, please make requests may also follow the discussion by first in advance for sign language Agenda calling the Federal Relay Service (FRS) interpreting, assistive listening devices, Opening Remarks at 1–800–877–8339 and provide the FRS or other reasonable accommodation. For New Business: Continue discussion of operator with Conference Call Toll-Free access to the facility or proceedings, public hearing. Number: 1–855–719–5012; Conference please contact the person listed in the Public Comments/Participation ID: 7805784. Members of the public are

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invited to submit written comments; the Wednesday, July 24 DEPARTMENT OF COMMERCE comments must be received in the Open Session regional office by Thursday, August 22, International Trade Administration 2019. Written comments may be mailed 1. Welcome and Introductions [C–122–858] to the Rocky Mountain Regional Office, 2. Working Group Reports U.S. Commission on Civil Rights, 1961 3. Old Business Certain Softwood Lumber Products Stout Street, Suite 13–201, Denver, CO 4. Wassenaar Proposals for 2020 From Canada: Final Results of 80294, faxed to (303) 866–1050, or 5. New business Countervailing Duty Expedited Review emailed to Evelyn Bohor at ebohor@ Thursday, July 25 usccr.gov. Persons who desire AGENCY: Enforcement and Compliance, additional information may contact the Closed Session International Trade Administration, Department of Commerce. Rocky Mountain Regional Office at (303) 6. Discussion of matters determined to SUMMARY: The Department of Commerce 866–1040. be exempt from the provisions (Commerce) has conducted an Records and documents discussed relating to public meetings found in during the meeting will be available for expedited review of the countervailing 5 U.S.C. app. 2 §§ 10(a)(1) and duty (CVD) order on certain softwood public viewing as they become available 10(a)(3). at https://www.facadatabase.gov/FACA/ lumber products (softwood lumber) The open session will be accessible from Canada for the producers/exporters FACAPublicViewCommitteeDetails?id= via teleconference to 20 participants on a10t0000001gzm5AAA and clicking on that requested a review. As a result, we a first come, first serve basis. To join the are excluding certain producers/ the ‘‘Meeting Details’’ and ‘‘Documents’’ conference, submit inquiries to Ms. links. Records generated from this exporters from the CVD order on lumber Yvette Springer at Yvette.Springer(@ from Canada. We also find that certain meeting may also be inspected and bis.doc.gov, no later than July 17, 2019. reproduced at the Rocky Mountain producers/exporters received A limited number of seats will be countervailable subsidies at above de Regional Office, as they become available for the public session. available, both before and after the minimis rates during the January 1, Reservations are not accepted. If 2015, through December 31, 2015, meeting. Persons interested in the work attending in person, forward your Name of this advisory committee are advised period of review. (to appear on badge), Title, Citizenship, DATES: Applicable July 5, 2019. to go to the Commission’s website, Organization name, Organization www.usccr.gov, or to contact the Rocky FOR FURTHER INFORMATION CONTACT: address, Email, and Phone to Ms. Kristen Johnson or Nicholas Czajkowski, Mountain Regional Office at the above Springer. To the extent time permits, phone number, email or street address. AD/CVD Operations, Enforcement and members of the public may present oral Compliance, International Trade Agenda statements to the Committee. The public Administration, U.S. Department of may submit written statements at any Monday, July 22, 2019 (12:00 p.m.— Commerce, 1401 Constitution Avenue time before or after the meeting. NW, Washington, DC 20230; telephone: MDT) However, to facilitate distribution of • (202) 482–4793 and (202) 482–1395, Roll-call public presentation materials to respectively. • Review and vote on revised Advisory Committee members, the Committee Memorandum suggests that public presentation SUPPLEMENTARY INFORMATION: • Public Comment materials or comments be forwarded Background • Adjourn before the meeting to Ms. Springer. Commerce published the Preliminary The Assistant Secretary for Dated: July 1, 2019. Results of the expedited review on Administration, with the concurrence of David Mussatt, February 1, 2019.1 A summary of the the delegate of the General Counsel, Supervisory Chief, Regional Programs Unit. events that occurred since Commerce formally determined on May 3, 2019, published the Preliminary Results, as [FR Doc. 2019–14341 Filed 7–3–19; 8:45 am] pursuant to Section 10(d) of the Federal well as a full discussion of the issues BILLING CODE P Advisory Committee Act, as amended (5 raised by parties for the final results, U.S.C. app. 2 § (l0)(d))), that the portion may be found in the Issues and Decision of the meeting concerning trade secrets Memorandum.2 The Issues and Decision and commercial or financial information Memorandum is a public document and DEPARTMENT OF COMMERCE deemed privileged or confidential as is on file electronically via Enforcement described in 5 U.S.C. 552b(c)(4) and the Bureau of Industry and Security and Compliance’s Antidumping and portion of the meeting concerning Countervailing Duty Centralized matters the disclosure of which would Information Systems Technical Electronic Service System (ACCESS). be likely to frustrate significantly Advisory Committee; Notice of ACCESS is available to registered users implementation of an agency action as Partially Closed Meeting at https://access.trade.gov, and is described in 5 U.S.C. 552b(c)(9)(B) shall available to all parties in the Central The Information Systems Technical be exempt from the provisions relating Records Unit, Room B8024 of the main Advisory Committee (ISTAC) will meet to public meetings found in 5 U.S.C. Department of Commerce building. In on July 24 and 25, 2019, 9:00 a.m., at app. 2 §§ 10(a)(1) and l0(a)(3). The Qualcomm Incorporated, 5665 remaining portions of the meeting will Morehouse Drive, QRC Building, San 1 See Certain Softwood Lumber Products From be open to the public. Canada: Preliminary Results of Countervailing Duty Diego, California 92121. The Committee For more information, call Yvette Expedited Review, 84 FR 1051 (February 1, 2019) advises the Office of the Assistant Springer at (202) 482–2813. (Preliminary Results). Secretary for Export Administration on 2 See Memorandum, ‘‘Issues and Decision technical questions that affect the level Yvette Springer, Memorandum for the Final Results of Expedited Committee Liaison Officer. Review of the Countervailing Duty Order on Certain of export controls applicable to Softwood Lumber Products from Canada,’’ dated information systems equipment and [FR Doc. 2019–14314 Filed 7–3–19; 8:45 am] concurrently with, and hereby adopted by this technology. BILLING CODE 3510–JT–P notice.

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addition, a complete version of the Subsidy companies from a CVD duty order is to Issues and Decision Memorandum can Producer/exporter rate exclude the subject merchandise both be accessed directly at http:// produced and exported by those enforcement.trade.gov/frn/. The signed Fontaine Inc. and its cross- companies.13 As a result, we will 5 Issues and Decision Memorandum and owned affiliates (Fontaine) ... 1.26 instruct CBP to discontinue the Les Produits Forestiers D&G the electronic version are identical in Lte´e and its cross-owned affili- suspension of liquidation and the content. ates 6 (D&G) ...... * 0.21 collection of cash deposits of estimated countervailing duties on all shipments Scope of the Order Marcel Lauzon Inc. and its cross-owned affiliates (MLI) 7 .. * 0.42 of softwood lumber produced and The product covered by this order is Mobilier Rustique (Beauce) Inc. exported by D&G, MLI, NAFP, Roland, certain softwood lumber products from and its cross-owned affiliates 8 1.99 and Lemay, entered, or withdrawn from Canada. A full description of the scope North American Forest Products warehouse, for consumption on or after Ltd. and its cross-owned affili- the date of publication of these final of the order is contained in the Issues 9 3 ates (NAFP) ...... * 0.17 results. In addition, we will instruct and Decision Memorandum. Produits Matra Inc. and Sechoirs CBP to liquidate, without regard to Methodology de Beauce Inc. and their cross-owned affiliate 10 ...... 5.80 countervailing duties, all suspended Commerce has conducted this CVD Roland Boulanger & Cie Lte´e entries of shipments of softwood lumber expedited review in accordance with and its cross-owned affili- produced and exported by D&G, MLI, section 103(a) of the Uruguay Round ates 11 (Roland) ...... * 0.31 NAFP, Roland, and Lemay, and to Agreements Act (URAA) and 19 CFR Scierie Alexandre Lemay & Fils refund all cash deposits of estimated 351.214(k). For a full description of the Inc. and its cross-owned affili- countervailing duties collected on all 12 methodology underlying our ates (Lemay) ...... * 0.05 such shipments. Merchandise which conclusions, see the Issues and Decision * de minimis subsidy rate. D&G, MLI, NAFP, Roland, and Lemay Memorandum. The subsidy programs exports but does not produce, as well as under review, and the issues raised in Cash Deposit Instructions merchandise D&G, MLI, NAFP, Roland, the case and rebuttal briefs submitted by Pursuant to section 19 CFR and Lemay produces but is exported by the parties, are discussed in the Issues 351.214(k)(3)(iii), the final results of this another company, remains subject to the and Decision Memorandum. A list of expedited review will not be the basis CVD order. the issues that parties raised, and to for the assessment of countervailing Administrative Protective Orders which we responded in the Issues and duties. Upon the issuance of these final Decision Memorandum, is attached to results, Commerce will instruct U.S. This notice also serves as a reminder this notice at the Appendix. Customs and Border Protection (CBP) to to parties subject to administrative Based on our review and analysis of collect cash deposits of estimated protective order (APO) of their the comments received from parties, we countervailing duties for the companies responsibility concerning the made changes to the subsidy rate subject to this expedited review, at the destruction of proprietary information calculations for certain producers/ rates shown above, on shipments of disclosed under APO in accordance exporters since the Preliminary Results. subject merchandise entered, or with 19 CFR 351.305(a)(3). Timely For a discussion of these changes, see withdrawn from warehouse, for written notification of the return or the Issues and Decision Memorandum consumption on or after the date of destruction of APO materials or and the Final Calculation Memoranda.4 publication of the final results of this conversion to judicial protective order is hereby requested. Failure to comply We determined a CVD rate for each expedited review. These cash deposit with the regulations and terms of an producer/exporter of the subject requirements, when imposed, shall APO is a sanctionable violation. merchandise that requested an remain in effect until further notice. expedited review. Pursuant to 19 CFR 351.214(k)(3)(iv), Notification to Interested Parties because we have determined a Final Results of the Expedited Review countervailable subsidy rate for D&G, This determination is issued and published pursuant to section 103(a) of As a result of this expedited review, MLI, NAFP, Roland, and Lemay that is de minimis, with these final results of the URAA and in accordance with we determine the countervailable sections 19 CFR 351.214(k) and 19 CFR subsidy rates to be: expedited review, we determine to exclude D&G, MLI, NAFP, Roland, and 351.221(b)(5). 3 Id. Lemay from the CVD order. Commerce’s Dated: June 28, 2019. 4 Id. practice with respect to exclusions of Alex Villanueva, 5 Commerce finds the following companies to be Senior Director, Office I, Antidumping and cross-owned with Fontaine Inc.: Gestion Natanis Ltd.: Parent-Violette Gestion Lte´e and Le Groupe Countervailing Duty Operations. Inc., Les Placements Jean-Paul Fontaine Ltee, and Parent Lte´e. Placements Nicolas Fontaine Inc. 10 Commerce finds Bois Ouvre de Beauceville Appendix—List of Topics Discussed in 6 Commerce finds the following companies to be (1992), Inc. to be cross-owned with Produits Matra, the Issues and Decision Memorandum cross-owned with Les Produits Forestiers D&G Lte´e: Inc. (Matra) and Sechoirs de Beauce Inc. (Sechoirs). Le Groupe Gesco-Star Lte´e, Les Produits Forestiers Matra and Sechoirs submitted separate requests for I. Summary Portbec Lte´e, and Les Produits Forestiers Startrees the expedited review; however, based on record II. Background Lte´e. evidence, we found them to be cross-owned, and III. Scope of the Order 7 Commerce finds the following companies to be therefore calculated a single countervailing duty IV. Subsidies Valuation cross-owned with Marcel Lauzon Inc.: Placements rate for both. Collectively, we refer to Matra, V. Analysis of Programs Marcel Lauzon Ltee and Investissements LRC Inc. Sechoirs, and their cross-owned affiliate as Groupe VI. Discussion of the Issues 8 Commerce finds the following companies to be Matra. cross-owned with Mobilier Rustique (Beauce) Inc.: 11 Commerce finds the following companies to be Comment 1: Whether Article 19.3 of the J.F.S.R. Inc., Gestion C.A. Rancourt Inc., Gestion J.F. cross-owned with Roland Boulanger & Cie Lte´e: Subsidies and Countervailing Measures Rancourt Inc., Gestion Suzie Rancourt Inc., Gestion Industries Daveluyville, Inc. and Les P.H.Q. Inc., 9331–3419 Quebec Inc., 9331–3468 Manufacturiers Warwick Lte´e. 13 See, e.g., Certain Corrosion-Resistant Steel Quebec Inc., and SPQ Inc. 12 Commerce finds the following companies to be Products from India, Italy, Republic of Korea and 9 Commerce finds the following companies to be cross-owned with Scierie Alexandre Lemay & Fils the People’s Republic of China: Countervailing Duty cross-owned with North American Forest Products Inc.: Bois Lemay Inc. and Industrie Lemay Inc. Order, 81 FR 48387 (July 25, 2016).

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(SCM) Agreement Requires ‘‘Expedited VII. Recommendation Memorandum accompanying the Final CVD Reviews’’ [FR Doc. 2019–14338 Filed 7–3–19; 8:45 am] Results.3 Comment 2: Whether Reviews Conducted BILLING CODE 3510–DS–P Under Section 751(a)(2)(B) of the Act Are Ministerial Errors Limited to New Exporters and Producers Section 751(h) of the Act and 19 CFR Comment 3: Whether Reviews Conducted DEPARTMENT OF COMMERCE 351.224(f) define a ‘‘ministerial error’’ as Under Section 751(a) of the Act Cannot an error in addition, subtraction, or Begin Until at Least the Anniversary of International Trade Administration other arithmetic function, clerical error the CVD Order and Must Act as the Basis resulting from inaccurate copying, for the Assessment of CVD Duties [C–580–882] Comment 4: Whether Section 736(c) of the duplication, or the like, and any other Act Can Serve as the Basis for Countervailing Duty Order on Certain similar type of unintentional error Conducting CVD Expedited Reviews Cold-Rolled Steel Flat Products From which the Secretary considers Comment 5: Whether Commerce Should the Republic of Korea: Amended Final ministerial. As discussed in the Account for Respondents’ Purchases of Results of the First Countervailing Amended Final Issues and Decision Subject Merchandise/Rough-Hewn Duty Administrative Review Memorandum, Commerce finds that the Lumber and Whether Commerce Should error alleged by POSCO constitutes a Assign the ‘‘All-Others’’ Rate from the AGENCY: Enforcement and Compliance, ministerial error within the meaning of CVD Order to the Respondents in the International Trade Administration, 19 CFR 351.224(f).4 Specifically, Current Proceeding Department of Commerce. Commerce made an error in the Comment 6: Whether the Accelerated Capital SUMMARY: calculation of the benefit to POSCO Cost Allowance (ACCA) for Class 29 The Department of Commerce (Commerce) is amending the final from the POSCO’s KORES loans. Assets Program Is De Jure Specific In accordance with section 751(h) of Comment 7: Whether the Provincial and results of the countervailing duty Federal Logging Tax Credits (PLTC and administrative review of certain cold- the Act and 19 CFR 351.224(e), we are FLTC) Are Countervailable rolled steel flat products from the amending the Final Results to correct Comment 8: Whether Business Development Republic of Korea (Korea) to correct a the ministerial error. Specifically, we Bank of Canada (BDC) Loans Are ministerial error. The period of review are amending the net subsidy rates for Specific and Countervailable (POR) is July 29, 2016 through POSCO and the non-selected companies Comment 9: Whether Commerce Correctly December 31, 2016. under review.5 The revised net subsidy Determined Specificity for Various Tax DATES: rates are provided below. and Employment Programs Applicable July 5, 2019. Comment 10: Whether the Workforce Skills FOR FURTHER INFORMATION CONTACT: Amended Final Results Development and Recognition Fund Tyler Weinhold, AD/CVD Operations, As a result of correcting the (aka, FDRCMO) Is De Facto Specific Office VI, Enforcement and Compliance, ministerial error, we determine that the Comment 11: Whether the Immigrant International Trade Administration, countervailable subsidy rates for the Investor Program Is De Facto Specific U.S. Department of Commerce, 1401 producers/exporters under review are as Comment 12: Whether the Tax Credit for On- Constitution Avenue NW, Washington, follows: the-Job Training Period Is De Facto DC 20230; telephone: (202) 482–1121. Specific Subsidy rate Comment 13: Whether the Tax Credit for Background Company (percent ad Investments Relating to Manufacturing In accordance with section 751(a)(1) valorem) and Processing Equipment Is De Jure of the Tariff Act of 1930, as amended Specific POSCO ...... 0.54 Comment 14: Whether the Scientific (the Act), and 19 CFR 351.221(b)(5), on Dongbu Steel Co., Ltd ...... 0.56 Research and Experimental Development May 24, 2019, Commerce published its Dongbu Incheon Steel Co., (SR&ED) Tax Measure Is De Facto final results of the countervailing duty Ltd ...... 0.56 Specific administrative review of certain cold- Dongkuk Steel Mill Co., Ltd .. 0.56 Comment 15: Whether Matra and Sechoirs rolled steel flat products from Korea.1 Dongkuk Industries Co., Ltd 0.56 Should Be Treated Separately On June 3, 2019, POSCO alleged a Hyuk San Profile Co., Ltd ..... 0.56 Comment 16: Whether Commerce Should calculation error in these Final Results Taihan Electric Wire Co., Ltd 0.56 Find Groupe Matra To Be Creditworthy regarding POSCO’s policy loans from Union Steel Co., Ltd ...... 0.56 Comment 17: Whether Commerce Erred in Its the Korea Resources Corporation ´ Analysis of Investissement Quebec (IQ) (KORES).2 We did not receive any other Assessment Rates Guaranteed Loans Comment 18: Whether Commerce Should ministerial error comments or rebuttal Commerce intends to issue Continue to Apply Partial Adverse Facts comments. assessment instructions to U.S. Customs Available (AFA) to the Immigrant Scope of the Order Investor Program 3 See Final Results IDM. Comment 19: Whether it Was Proper for The merchandise covered by the order 4 See Memorandum, ‘‘Allegation of Ministerial Commerce to Consider New Subsidy is certain cold-rolled steel flat products. Errors in the Final Results of the First Antidumping Allegations in an Expedited Review For a complete description of the scope Duty Administrative Review of Certain Cold-Rolled Comment 20: Whether New Brunswick’s Steel Flat Products from the Republic of Korea,’’ of the order, see the Issues and Decision dated concurrently with, and hereby adopted by, Property Tax Incentives for Private this notice (Amended Final Issues and Decision Forest Producers Is Countervailable 1 See Certain Cold-Rolled Steel Flat Products from Memorandum) at 5. Comment 21: Whether the Benefit Analysis the Republic of Korea: Final Results of 5 Id. at 5–6. Because we relied on POSCO’s for New Brunswick’s Property Countervailing Duty Administrative Review, 2016, subsidy rates to calculate the rate for non-selected Assessment System Should Be Adjusted 84 FR 24087 (May 24, 2019) (Final Results), and companies under review, we are revising the rate Comment 22: Whether Commerce Should accompanying Issues and Decision Memorandum for non-selected companies under review in these (IDM). Correct Fontaine’s Total Sales Amount amended final results. See Memorandum, 2 See POSCO’s letter ‘‘Certain Cold-Rolled Steel ‘‘Countervailing Duty Administrative Review: Comment 23: Whether Commerce Should Flat Products from the Republic of Korea, 7/29/ Certain Cold-Rolled Steel Flat Products from the Use Fontaine’s Taxes Paid in 2015 to 2016–12/31/2016 Administrative Review, Case No. Republic of Korea; Amended Final Results Rate Calculate Receipt of Alleged Benefits C–580–882: POSCO’s Ministerial Error Allegation,’’ Calculation for the Non-Selected Companies,’’ During the Period of Review (POR) dated June 3, 2019. dated concurrently with the amended final results.

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and Border Protection (CBP) 15 days DEPARTMENT OF COMMERCE current charter term. The Committee, after the date of publication of these with officials from the Department of amended final results of review, to International Trade Administration Commerce and other agencies, will liquidate shipments of subject discuss major issues affecting the Renewable Energy and Energy merchandise entered, or withdrawn competitiveness of the U.S. renewable Efficiency Advisory Committee; Open energy and energy efficiency industries, from warehouse, for consumption, on or Meeting after January 1, 2016 through December hold subcommittee work sessions to 31, 2016, at the ad valorem rates listed AGENCY: International Trade discuss draft recommendations, above. Administration, U.S. Department of consider recommendations for approval, Commerce. and hear about new U.S. government Cash Deposit Requirements ACTION: Notice of an open meeting. regional energy initiatives. An agenda will be made available by July 18, 2019 Commerce intends to instruct CBP to SUMMARY: The Renewable Energy and upon request. collect cash deposits of estimated Energy Efficiency Advisory Committee The meeting will be open to the countervailing duties, in the amounts (REEEAC or the Committee) will hold a public and will be accessible to people shown above for the companies listed meeting on Thursday, July 25, 2019, at with disabilities. All guests are required above on shipments of subject the U.S. Department of Commerce to register in advance by the deadline merchandise entered, or withdrawn Herbert C. Hoover Building in identified under the DATE caption. from warehouse, for consumption on or Washington, DC. The meeting is open to Requests for auxiliary aids must be after May 24, 2019, the date of the public with registration instructions submitted by the registration deadline. publication of the Final Results. For all provided below. Last minute requests will be accepted non-reviewed firms, we will instruct DATES: July 25, 2019, from but may be impossible to fill. CBP to collect cash deposits at the most- approximately 9 a.m. to 5 p.m. Eastern A limited amount of time before the recent company specific or all-others Standard Time (EST). Members of the close of the meeting will be available for oral comments from members of the rate applicable to the company, as public wishing to participate must public attending the meeting. To appropriate. These cash deposit register in advance with Victoria Gunderson at the contact information accommodate as many speakers as requirements, when imposed, shall possible, the time for public comments remain in effect until further notice. below by 5 p.m. EST on Thursday, July 18, 2019, in order to pre-register, will be limited to two to five minutes Administrative Protective Order including any requests to make per person (depending on number of comments during the meeting or for public participants). Individuals This notice also serves as a reminder accommodations or auxiliary aids. wishing to reserve speaking time during to parties subject to administrative the meeting must contact Ms. ADDRESSES: To register, please contact protective order (APO) of their Gunderson and submit a brief statement Victoria Gunderson, Designated Federal responsibility concerning the of the general nature of the comments, Officer, Office of Energy and as well as the name and address of the destruction of proprietary information Environmental Industries (OEEI), disclosed under APO in accordance proposed participant, by 5:00 p.m. EST Industry and Analysis, International on Thursday, July 18, 2019. If the with 19 CFR 351.305(a)(3). Timely Trade Administration, U.S. Department written notification of the return or number of registrants requesting to of Commerce at (202) 482–7890; email: make statements is greater than can be destruction of APO materials or [email protected]. conversion to judicial protective order is reasonably accommodated during the FOR FURTHER INFORMATION CONTACT: meeting, the International Trade hereby requested. Failure to comply Victoria Gunderson, Designated Federal Administration may conduct a lottery to with the regulations and terms of an Officer, Office of Energy and determine the speakers. Speakers are APO is a sanctionable violation. Environmental Industries (OEEI), requested to submit a copy of their oral Disclosure Industry and Analysis, International comments by email to Ms. Gunderson Trade Administration, U.S. Department for distribution to the participants in We intend to disclose the calculations of Commerce at (202) 482–7890; email: advance of the meeting. performed for these amended final [email protected]. Any member of the public may results to interested parties within five SUPPLEMENTARY INFORMATION: submit written comments concerning business days of the date of the Background: The Secretary of the REEEAC’s affairs at any time before publication of this notice in accordance Commerce established the REEEAC or after the meeting. Comments may be with 19 CFR 351.224(b). pursuant to discretionary authority and submitted to the Renewable Energy and in accordance with the Federal Energy Efficiency Advisory Committee, Notification to Interested Parties Advisory Committee Act, as amended (5 c/o: Victoria Gunderson, Designated U.S.C. App.), on July 14, 2010. The Federal Officer, Office of Energy and We are issuing and publishing these REEEAC was re-chartered most recently Environmental Industries, U.S. results in accordance with sections on June 7, 2018. The REEEAC provides Department of Commerce; 1401 751(h) and 777(i)(1) of the Act, and 19 the Secretary of Commerce with Constitution Avenue NW, Mail Stop: CFR 351.224(e). consensus advice from the private sector 28018, Washington, DC 20230. To be Dated: June 25, 2019. on the development and administration considered during the meeting, public Jeffrey I. Kessler, of programs and policies to expand the comments must be transmitted to the REEEAC prior to the meeting. As such, Assistant Secretary for Enforcement and export competitiveness of U.S. Compliance. renewable energy and energy efficiency written comments must be received no products and services. More information later than 5 p.m. EST on Thursday, July [FR Doc. 2019–14337 Filed 7–3–19; 8:45 am] regarding the REEEAC is available 18, 2019. Comments received after that BILLING CODE 3510–DS–P online at http://export.gov/reee/reeeac. date will be distributed to the members On July 25, 2019, the REEEAC will but may not be considered at the hold the third in-person meeting of its meeting.

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Copies of REEEAC meeting minutes conducted this review in accordance For a complete description of the will be available within 30 days with section 751(a)(1)(B) of the Tariff scope of the order, see the Preliminary following the meeting. Act of 1930, as amended (the Act). Decision Memorandum. Dated: June 28, 2019. Scope of the Order Methodology Victoria Gunderson, The scope of this order consists of Designated Federal Officer for the REEEAC. Commerce conducted this review in certain OCTG, which are hollow steel accordance with section 751(a)(1)(B) of [FR Doc. 2019–14332 Filed 7–3–19; 8:45 am] products of circular cross-section, BILLING CODE 3510–DR–P the Act. In the Preliminary Results, including oil well casing and tubing, of Commerce found that the four iron (other than cast iron) or steel (both companies for which a review was carbon and alloy), whether seamless or DEPARTMENT OF COMMERCE requested failed to provide separate rate welded, regardless of end finish (e.g., applications or certifications.2 whether or not plain end, threaded, or International Trade Administration Therefore, Commerce preliminarily threaded and coupled) whether or not determined that these four companies [A–570–943] conforming to API or non-API are part of the China-wide entity. We specifications, whether finished Oil Country Tubular Goods From the have not received any information since (including limited service OCTG People’s Republic of China: Final products) or unfinished (including the issuance of the Preliminary Results Results of Antidumping Duty green tubes and limited service OCTG that provides a basis for reconsidering Administrative Review; 2017–2018 products), whether or not thread this determination. For a full description of the methodology AGENCY: Enforcement and Compliance, protectors are attached. underlying our conclusions, see the International Trade Administration, The merchandise subject to this order Preliminary Decision Memorandum, Department of Commerce. is currently classified in the Harmonized Tariff Schedule of the available at http:// SUMMARY: The Department of Commerce enforcement.trade.gov/frn/. (Commerce) continues to find that none United States (HTSUS) under item of the companies subject to this numbers: 7304.29.10.10, 7304.29.10.20, Final Results of Review administrative review have established 7304.29.10.30, 7304.29.10.40, their entitlement to a separate rate 7304.29.10.50, 7304.29.10.60, We have received no information or during the May 1, 2017 through April 7304.29.10.80, 7304.29.20.10, argument contradicting our preliminary 30, 2018 period of review (POR) and are, 7304.29.20.20, 7304.29.20.30, finding; thus, we have made no changes therefore, part of the China-wide entity. 7304.29.20.40, 7304.29.20.50, to our preliminary analysis. 7304.29.20.60, 7304.29.20.80, Accordingly, no decision memorandum DATES: Applicable July 5, 2019. 7304.29.31.10, 7304.29.31.20, accompanies this Federal Register FOR FURTHER INFORMATION CONTACT: Kent 7304.29.31.30, 7304.29.31.40, notice. For further details of the issues Boydston or Brian Davis, AD/CVD 7304.29.31.50, 7304.29.31.60, addressed in this proceeding, see the Operations, Office VI, Enforcement and 7304.29.31.80, 7304.29.41.10, Preliminary Results. Compliance, International Trade 7304.29.41.20, 7304.29.41.30, Administration, U.S. Department of 7304.29.41.40, 7304.29.41.50, Assessment Rates Commerce, 1401 Constitution Avenue 7304.29.41.60, 7304.29.41.80, NW, Washington, DC 20230; telephone: Pursuant to section 751(a)(2)(C) of the 7304.29.50.15, 7304.29.50.30, Act and 19 CFR 351.212(b), Commerce (202) 482–5649 or (202) 482–7924, 7304.29.50.45, 7304.29.50.60, respectively. has determined, and U.S. Customs and 7304.29.50.75, 7304.29.61.15, Border Protection (CBP) shall assess, SUPPLEMENTARY INFORMATION: 7304.29.61.30, 7304.29.61.45, antidumping duties on all appropriate 7304.29.61.60, 7304.29.61.75, Background entries of subject merchandise in 7305.20.20.00, 7305.20.40.00, accordance with the final results of this On March 15, 2019, Commerce 7305.20.60.00, 7305.20.80.00, review. Commerce intends to issue published the Preliminary Results of the 7306.29.10.30, 7306.29.10.90, assessment instructions to CBP 15 days administrative review of the 7306.29.20.00, 7306.29.31.00, after the publication date of the final antidumping duty order on oil country 7306.29.41.00, 7306.29.60.10, results of this review. For those entities tubular goods (OCTG) from the People’s 7306.29.60.50, 7306.29.81.10, and that are subject to this review that Republic of China (China).1 The 7306.29.81.50. Commerce has determined are part of administrative review covers four The OCTG coupling stock covered by the China-wide entity (i.e., Baoshan Iron producers/exporters of the subject the order may also enter under the & Steel; Hengyang Steel Tube Group merchandise, Baoshan Iron & Steel; following HTSUS item numbers: International Trading Inc.; Hubei Hengyang Steel Tube Group 7304.39.00.24, 7304.39.00.28, Xinyegang Steel Co., Ltd.; and Hubei International Trading Inc.; Hubei 7304.39.00.32, 7304.39.00.36, Xin Yegang Special Tube), we will Xinyegang Steel Co., Ltd.; and Hubei 7304.39.00.40, 7304.39.00.44, instruct CBP to liquidate any Xin Yegang Special Tube. We provided 7304.39.00.48, 7304.39.00.52, appropriate entries at the China-wide interested parties an opportunity to 7304.39.00.56, 7304.39.00.62, rate of 99.14 percent.3 comment on the Preliminary Results. 7304.39.00.68, 7304.39.00.72, We received no comments. As such, 7304.39.00.76, 7304.39.00.80, these final results are unchanged from 2 The four companies are: (1) Baoshan Iron & 7304.59.60.00, 7304.59.80.15, Steel; (2) Hengyang Steel Tube Group International the Preliminary Results. Commerce 7304.59.80.20, 7304.59.80.25, Trading Inc.; (3) Hubei Xinyegang Steel Co., Ltd.; 7304.59.80.30, 7304.59.80.35, and (4) Hubei Xin Yegang Special Tube. 1 See Oil Country Tubular Goods from the 7304.59.80.40, 7304.59.80.45, 3 See Certain Oil Country Tubular Goods From People’s Republic of China: Preliminary Results of the People’s Republic of China: Amended Final Antidumping Duty Administrative Review; 2017– 7304.59.80.50, 7304.59.80.55, Determination of Sales at Less Than Fair Value and 2018, 84 FR 9490 (March 15, 2019), and the 7304.59.80.60, 7304.59.80.65, Antidumping Duty Order, 75 FR 28551 (May 21, accompanying Preliminary Decision Memorandum. 7304.59.80.70, and 7304.59.80.80. 2010).

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Cash Deposit Requirements Notification to Interested Parties other party submitted a case or rebuttal brief. The following cash deposit This notice of the final results of this requirements will be effective upon administrative review is issued and Scope of the Order publication of the final results of this published in accordance with sections The products covered by the order are administrative review for all shipments 751(a)(1) and 777(i)(1) of the Act, and 19 certain carbon and alloy steel hot-rolled of the subject merchandise entered, or CFR 351.221(b)(5) and 19 CFR or forged flat plate products not in coils, withdrawn from warehouse, for 351.213(h). whether or not painted, varnished, or consumption on or after the publication Dated: June 27, 2019. coated with plastics or other non- date of the final results of this Jeffrey I. Kessler, metallic substances from Germany. administrative review, as provided by Assistant Secretary for Enforcement and Products subject to the order are section 751(a)(2)(C) of the Act: (1) For Compliance. currently classified in the Harmonized all China exporters of subject [FR Doc. 2019–14336 Filed 7–3–19; 8:45 am] Tariff Schedule of the United States merchandise which have not been BILLING CODE 3510–DS–P (HTSUS) under item numbers: found to be entitled to a separate rate, 7208.40.3030, 7208.40.3060, the cash deposit rate will be that for the 7208.51.0030, 7208.51.0045, China-wide entity (i.e., 99.14 percent); DEPARTMENT OF COMMERCE 7208.51.0060, 7208.52.0000, (2) for previously investigated or 7211.13.0000, 7211.14.0030, reviewed China and non-China International Trade Administration 7211.14.0045, 7225.40.1110, exporters which are not under review in 7225.40.1180, 7225.40.3005, this segment of the proceeding but [A–428–844] 7225.40.3050, 7226.20.0000, and received a separate rate in a previous 7226.91.5000. Although the HTSUS segment, the cash deposit rate will Carbon and Alloy Steel Cut-to-Length subheadings are provided for continue to be the exporter-specific rate Plate From the Federal Republic of convenience and customs purposes, the published for the most recently- Germany: Final Results and Partial written description of the merchandise completed period; and (3) for all non- Rescission of the Antidumping Duty subject to this scope is dispositive.2 China exporters of subject merchandise Administrative Review; 2016–2018 which have not received their own rate, AGENCY: Enforcement and Compliance, Analysis of Comments Received the cash deposit rate will be the rate International Trade Administration, The issue raised in the case brief is applicable to the China exporter(s) that Department of Commerce. supplied the non-China exporter. These listed in the Appendix to this notice and SUMMARY: 3 cash deposit requirements, when The Department of Commerce addressed in the IDM. Interested imposed, shall remain in effect until (Commerce) finds that sales of certain parties can find a complete discussion further notice. carbon and alloy steel cut-to-length of these issues and the corresponding plate (CTL plate) from the Federal recommendations in this public Notification to Importers Republic of Germany (Germany) were memorandum, which is on file made at less than normal value during This notice also serves as a final electronically via Enforcement and the period of review (POR), November Compliance’s Antidumping and reminder to importers of their 14, 2016 through April 30, 2018. responsibility under 19 CFR Countervailing Duty Centralized DATES: 351.402(f)(2) to file a certificate Applicable July 5, 2019. Electronic Service System (ACCESS). regarding the reimbursement of FOR FURTHER INFORMATION CONTACT: ACCESS is available to registered users antidumping duties prior to liquidation David Goldberger, AD/CVD Operations, at http://access.trade.gov, and is also of the relevant entries during this Office II, Enforcement and Compliance, available to all interested parties in the review period. Failure to comply with International Trade Administration, Central Records Unit, Room B8024, of this requirement could result in U.S. Department of Commerce, 1401 the main Commerce building. In Commerce’s presumption that Constitution Avenue NW, Washington, addition, a complete version of the IDM reimbursement of antidumping duties DC 20230; telephone: (202) 482–4136. can be accessed directly at http:// enforcement.trade.gov/frn/index.html. occurred and the subsequent assessment SUPPLEMENTARY INFORMATION: of double antidumping duties. The signed IDM and the electronic Background version of the IDM are identical in Administrative Protective Orders This review covers imports by content. This notice also serves as a final Ilsenburger Grobblech GmbH, Salzgitter Final Results of the Review reminder to parties subject to Mannesmann Grobblech GmbH, administrative protective order (APO) of Salzgitter Flachstahl GmbH, and As a result of this review, Commerce their responsibility concerning the Salzgitter Mannesmann International determines that a dumping margin of return or destruction of proprietary GmbH (collectively, Salzgitter). On 174.03 percent exists for Salzgitter for information disclosed under the APO in February 27, 2019, Commerce published the period November 14, 2016 through accordance with 19 CFR 351.305(a)(3), the preliminary results of the April 30, 2018. which continues to govern business administrative review of the proprietary information in this segment antidumping duty order on CTL plate 2 For a full description of the scope of the order, of the proceeding. Timely written from Germany.1 We received a case brief see Preliminary Results and accompanying from Salzgitter on March 29, 2019. No Preliminary Decision Memorandum (PDM). notification of the return/destruction of 3 See Memorandum, ‘‘Issues and Decision APO materials or conversion to judicial Memorandum for the Final Results of the 2016– protective order is hereby requested. 1 See Carbon and Alloy Steel Cut-to-Length Plate 2018 Administrative Review of the Antidumping Failure to comply with the regulations from the Federal Republic of Germany: Preliminary Duty Order on Certain Carbon and Alloy Steel Cut- Results and Partial Rescission of the Antidumping to-Length Plate from the Federal Republic of and terms of an APO is a violation Duty Administrative Review; 2016–2018, 84 FR Germany,’’ dated concurrently with, and hereby which is subject to sanction. 6372 (February 27, 2019) (Preliminary Results). adopted by, this notice (IDM).

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Disclosure requirements, when imposed, shall COMMITTEE FOR PURCHASE FROM Normally, Commerce discloses to remain in effect until further notice. PEOPLE WHO ARE BLIND OR SEVERELY DISABLED interested parties the calculations Notification to Importers performed in connection with the final Procurement List; Proposed Deletions results within five days of the date of This notice serves as a final reminder publication of the notice of preliminary to importers of their responsibility AGENCY: Committee for Purchase From results in the Federal Register, in under 19 CFR 351.402(f)(2) to file a People Who Are Blind or Severely accordance with 19 CFR 351.224(b). certificate regarding the reimbursement Disabled. However, there are no calculations to of antidumping duties prior to ACTION: Proposed deletions from the disclose in connection with these final liquidation of the relevant entries Procurement List. results because, in accordance with during this review period. Failure to SUMMARY: The Committee is proposing section 776 of the Tariff Act of 1930, as comply with this requirement could amended (the Act), Commerce applied to delete a product and services from result in the Secretary’s presumption the Procurement List that were adverse facts available (AFA) to that reimbursement of antidumping Salzgitter, the sole mandatory furnished by nonprofit agencies duties occurred and the subsequent employing persons who are blind or respondent, and Commerce determined assessment of double antidumping as the AFA rate the highest dumping have other severe disabilities. duties. margin alleged in the Petition.4 DATES: Comments must be received on or before: August 4, 2019. Assessment Rates Administrative Protective Order ADDRESSES: Committee for Purchase Pursuant to section 751(a)(2)(C) of the This notice serves as the only From People Who Are Blind or Severely Act, and 19 CFR 351.212(b)(1), reminder to parties subject to Disabled, 1401 S Clark Street Suite 715, Commerce has determined, and U.S. administrative protective order (APO) of Arlington, Virginia 22202–4149. Customs and Border Protection (CBP) their responsibility concerning the FOR FURTHER INFORMATION CONTACT: For shall assess, antidumping duties on all disposition of proprietary information further information or to submit appropriate entries of subject disclosed under APO in accordance comments contact: Michael R. merchandise in accordance with the with 19 CFR 351.305(a)(3), which Jurkowski, Telephone: (703) 603–2117, final results of this review. continues to govern business Fax: (703) 603–0655, or email We intend to issue instructions to proprietary information in this segment [email protected]. CBP 15 days after the publication date of the proceeding. Timely written SUPPLEMENTARY INFORMATION: This of the final results of this review. notification of return/destruction of notice is published pursuant to 41 Cash Deposit Requirements APO materials or conversion to judicial U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons The following cash deposit protective order is hereby requested. an opportunity to submit comments on requirements will be effective for all Failure to comply with the regulations the proposed actions. shipments of the subject merchandise and the terms of an APO is a entered, or withdrawn from warehouse, sanctionable violation. Deletions for consumption on or after the Notification to Interested Parties The following product and services publication date of the final results of are proposed for deletion from the this administrative review, as provided This notice is issued and published in Procurement List: by section 751(a)(2)(C) of the Act: (1) accordance with sections 751(a)(1) and The cash deposit rate for Salzgitter will 777(i)(1) of the Act. Product be the rate established in the final NSN—Product Name: Dated: June 27, 2019. results of this review; (2) for previously 8465–00–174–0808—Bag, Personal Effects reviewed or investigated companies not Jeffrey I. Kessler, Mandatory Source of Supply: Mount Rogers participating in this review, the cash Assistant Secretary for Enforcement and Community Services Board, Wytheville, deposit rate will continue to be the Compliance. VA Contracting Activity: DLA TROOP SUPPORT, company-specific rate published for the Appendix—List of Topics Discussed in PHILADELPHIA, PA most recently-completed segment of this the IDM proceeding in which the company was Services reviewed; (3) if the exporter is not a firm I. Summary Service Type: Administrative Services covered in this review, a prior review, II. Background Mandatory for: Department of Health and or the less-than-fair-value (LTFV) III. Discussion of the Issue Human Services, Region 8: 1961 Stout investigation, but the manufacturer is, Comment 1: Termination of Review for Street, Denver, CO the cash deposit rate will be the rate Salzgitter Mandatory Source of Supply: Bayaud IV. Recommendation Industries, Inc., Denver, CO established for the most recently- Contracting Activity: HEALTH AND HUMAN completed segment of this proceeding [FR Doc. 2019–14339 Filed 7–3–19; 8:45 am] SERVICES, DEPARTMENT OF, DEPT OF for the producer of subject merchandise; BILLING CODE 3510–DS–P HHS and (4) the cash deposit rate for all other Service Type: Grounds Maintenance manufacturers or exporters will Mandatory for: Department of Energy: continue to be 21.04 percent, the ‘‘all Nevada Support Facility, North Las Vegas, others’’ rate established in the LTFV NV investigation.5 These deposit Mandatory Source of Supply: UNKNOWN Federal Republic of Germany, Italy, Japan, the Contracting Activity: ENERGY, DEPARTMENT OF, HEADQUARTERS 4 See Preliminary Results, 84 FR at 6372, and Republic of Korea, and Taiwan: Amended Final PDM at ‘‘Application of Facts Available and Affirmative Antidumping Determinations for PROCUREMENT SERVICES Adverse Inferences.’’ France, the Federal Republic of Germany, the Service Type: Janitorial/Custodial 5 See Certain Carbon and Alloy Steel Cut-To- Republic of Korea and Taiwan, and Antidumping Mandatory for: Walnut Creek National Length Plate from Austria, Belgium, France, the Duty Orders, 82 FR 24096 (May 25, 2017). Wildlife Refuge, Prairie City, IA

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Mandatory Source of Supply: Progress If you use a telecommunications safety.5 In the report, the FCSS Industries—Deleted, Newton, IA device for the deaf (TDD) or a text recommended States and school Service Type: Grounds Maintenance telephone (TTY), call the Federal Relay districts expand students’ access to Mandatory for: Bureau of Reclaimation: 6850 Service (FRS), toll free, at 1–800–877– mental health services. By expanding Studhorse Flat Road, New Melones Lake 8339. student access to trauma-specific mental Visitors Center, Sonora, CA SUPPLEMENTARY INFORMATION: health services and encouraging cross- Service Type: Laundry Service agency collaboration to promote access Mandatory for: Billings Fire Cache: 551 Full Text of Announcement to mental health services, the Trauma Northview Drive, Billings, MT Recovery Demonstration Grant Program Mandatory Source of Supply: Community I. Funding Opportunity Description Option Resource Enterprises, Inc. (COR will support States’ and school districts’ Purpose of Program: The Trauma efforts to implement this Enterprises), Billings, MT Recovery Demonstration Grant Program Contracting Activity: OFFICE OF POLICY, recommendation as well as MANAGEMENT, AND BUDGET, NBC provides competitive grants to State recommendations related to addressing ACQUISITION SERVICES DIVISION educational agencies (SEAs) to support cyberbullying and school safety and Service Type: Full Food Service model programs that enable a student creating a culture of connectedness. Mandatory for: Fort Drum, 45 West Street, from a low-income family (as defined in In keeping with the FCSS report, the Fort Drum, NY this notice) who has experienced trauma Department acknowledges that it may be Mandatory Source of Supply: Jefferson that negatively affects the student’s necessary for students to receive County Chapter, NYSARC, Watertown, NY educational experience to access the trauma-specific mental health services Contracting Activity: DEPT OF THE ARMY, trauma-specific mental-health services outside of a school setting. Through this W40M RHCO–ATLANTIC USAHCA from the provider that best meets the grant program, a student from a low- Patricia Briscoe, student’s needs. The parent (as defined income family (as defined in this notice) Deputy Director, Business Operations (Pricing in this notice) of such a student from a who has experienced trauma that and Information Management). low-income family may request services negatively affects the student’s [FR Doc. 2019–14367 Filed 7–3–19; 8:45 am] on behalf of the student. educational experience or the parent (as Background: A landmark study of BILLING CODE 6353–01–P defined in this notice) of such a student adverse childhood experiences by the acting on the student’s behalf will have Centers for Disease Control and Kaiser greater access to the trauma-specific Permanente found that over half of DEPARTMENT OF EDUCATION mental-health services from the respondents reported experiencing provider that best meets the student’s adverse childhood experiences. The Applications for New Awards; Trauma needs. This program is being established study linked adverse experiences— Recovery Demonstration Grant with funds from the two percent particularly exposure to multiple Program reservation under section 4103(a)(3) of categories of adverse experiences—with the Elementary and Secondary 1 AGENCY: Office of Elementary and negative adult health outcomes. Since Education Act (ESEA), which provides Secondary Education, Department of that study, additional research on for technical assistance and capacity Education. adverse childhood experiences confirms building to support title IV, part A of the ACTION: Notice. the prevalence of experiencing such ESEA. Specifically, projects funded potentially traumatic events is near 50 under the program are intended to help SUMMARY: The Department of Education percent of children from birth through build the capacity of SEAs and local 2 (Department) is issuing a notice inviting age 17, though rates vary by locale. educational agencies (LEAs) by applications for fiscal year (FY) 2019 for Relatedly, exposure to violence has been demonstrating alternative models for the Trauma Recovery Demonstration linked with negative school outcomes, delivering trauma-specific mental health Grant Program, Catalog of Federal such as decreased school attendance, services that States and LEAs may Domestic Assistance (CFDA) number more behavioral challenges or support with formula grant funds 84.424C. This notice relates to the symptoms of anxiety and depression, received under the Student Support and 34 approved information collection under and lower grades. Academic Enrichment program OMB control number 1894–0006. In December 2018, the Federal authorized by title IV, part A of the DATES: Commission on School Safety (FCSS) ESEA. Applications Available: July 5, 2019. released its final report, including An eligible student is a preschool, Deadline for Transmittal of recommendations for State, local, and elementary, or secondary school student Applications: August 14, 2019. Federal leaders to improve school from a low-income family (as defined in ADDRESSES: For the addresses for this notice) who has experienced trauma 1 Felitti, Vincent J., et al. (1998). Relationship of (as defined in this notice) and obtaining and submitting an Childhood Abuse and Household Dysfunction to application, please refer to our Common Many of the Leading Causes of Death in Adults. subsequently demonstrates academic, Instructions for Applicants to American Journal of Preventive Medicine, 14(4), behavioral, attendance, or other issues Department of Education Discretionary 245–258. at school, as identified by the SEA in its 2 Sacks, V., Murphy, D., & Moore, K. (2014). application. Incidents of trauma may Grant Programs, published in the Adverse Childhood Experiences: National and Federal Register on February 13, 2019 State-level Prevalence. Child Trends. Publication include bullying (including 6 (84 FR 3768) and available at #2014–28. https://www.childtrends.org/wp-content/ cyberbullying); harassment; www.govinfo.gov/content/pkg/FR-2019- uploads/2014/07/Brief-adverse-childhood- _ 02-13/pdf/2019-02206.pdf. experiences FINAL.pdf. Accessed May 14, 2019. 5 DeVos, B., et al. Final Report of the Federal 3 Aviles, A., Anderson, T.R., & Davila, E.R. (2006). Commission on School Safety. (2018). https:// FOR FURTHER INFORMATION CONTACT: Child and Adolescent Social-Emotional www2.ed.gov/documents/school-safety/school- Shauna Knox, U.S. Department of Development within the Context of School. Child safety-report.pdf. Education, 400 Maryland Avenue SW, and Adolescent Mental Health. 11(1): 32–39. 6 Note that whether bullying or cyberbullying 4 Hurt, H., et al. (2001). Exposure to Violence: results in trauma will depend on the individual Room 3E250, Washington, DC 20202– Psychological and Academic Correlates in Child circumstances and whether the event is physically 6450. Telephone: (202) 453–5953. Witnesses. Journal of the American Medical or emotionally harmful or life-threatening and has Email: [email protected]. Association Pediatrics. 155(12): 1351–1356. lasting adverse effects on an individual’s

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experiencing violence, such as school psychiatrists are trained medical support only services that an individual shootings or suicide clusters; or other doctors, they can prescribe medications, affirms are unaffordable, not covered, or physically or emotionally harmful or and may spend time with patients on insufficiently covered by public or life-threatening events that have lasting medication management as part of commercial health insurance programs. adverse effects on an individual’s treatment. Funding from this program An individual may determine that functioning and mental, physical, must not be used to provide these services are unaffordable because, for social, or emotional health. Traumatic medical services or any medical example, the co-payment or deductible incidents may be those that occur either procedure. is too high. Likewise, an individual may within or outside a school environment. SEAs are eligible to apply for grants determine that a service is insufficiently Trauma-specific mental health under this competition. An SEA, at its covered because the cost of the service discretion, may partner with one or services as defined in this notice may would exceed an annual insurance cap. include those the Substance Abuse and more nonprofit organizations, In either of these examples, Department Mental Health Services Administration institutions of higher education (IHEs), grant funds may support services. In (SAMHSA) identified in a Treatment or State or local mental health agencies addition, SEAs are required to Improvement Protocol (TIP) for to carry out its project. If an SEA implement policies and procedures that ‘‘Trauma-Informed Care in Behavioral establishes a partnership for this ensure other sources of funding are Health Services.’’ 7 In that TIP, and in purpose, the SEA may apply under the ‘‘SAMHSA’s Concept of Trauma and competitive preference priority on the utilized first when practicable and Guidance for a Trauma-Informed basis of such a partnership. available for that individual. An SEA Approach,’’ 8 SAMHSA identified SEAs will use grant funds to pay may propose to leverage a partnership, trauma-specific interventions such as providers for the trauma-specific mental including a partnership proposed under trauma-focused cognitive behavioral health services a student receives. To the competitive preference priority, as a therapy, trauma-related cognitive support the student or parent, an SEA mechanism to assist in ensuring that processing therapy, relaxation training, may, but is not required to, identify insurance or other revenue are used biofeedback, breathing training, common forms of trauma-specific before grant funds wherever practicable. exposure therapy, eye movement mental health services; identify State- SEAs should also refer appropriate desensitization and reprocessing, licensed service providers who offer individuals to other systems from which narrative therapy, skills training in trauma-specific mental health services; a student may be eligible to receive affective and interpersonal regulation, and provide eligible students or the services (for example, the Children’s stress inoculation training, or trauma parents of eligible students with the Health Insurance Program (CHIP)), if incident reduction, among others. In the option to seek services from SEA- appropriate for and desired by that TIP, SAMHSA describes the selected identified providers while not individual student or parent to meet the practices as a non-exhaustive list of prohibiting students or parents from needs of the student. identifying providers not already potential ways to promote recovery from Consistent with ESEA section 4001(a), identified by the State. That is, an SEA trauma. In addition, SAMHSA an SEA must obtain prior written, acknowledges that only some of the has flexibility to design its program by (1) establishing eligible providers informed consent from the parent of treatments listed in the TIP are each child who is under 18 years of age ‘‘evidence based’’ because additional proactively and reviewing additional requested providers, or (2) solely to participate in any mental health research is needed and some practices assessment or service that is funded are emerging. Grantees may also support reviewing requested providers. Whether or not an SEA proactively identifies under this program. In obtaining such other interventions focused on prior written, informed consent, an SEA supporting trauma recovery so long as providers that meet the criteria depends on how the SEA proposes to could, for example, include a question the provider is State-licensed for the about whether an individual student has relevant trauma-specific mental health operationalize its program. The SEA will pay providers of trauma-specific access to public or commercial health service she or he offers. Grantees are insurance that would support access to encouraged but not required to focus mental health services for services a student receives. Regardless of the the provider from whom an individual their support on interventions that are method an SEA uses, it must ensure that is requesting services. The inclusion of evidence based. Medical services are not any provider is implementing trauma- such a question on a form confirming allowable uses of funds under this grant. specific mental health services to written, informed consent for mental In general, mental health counseling is support an eligible student; is State- health assessment or services under this not prohibited by this limitation. licensed for the services supported by program would meet the SEA’s However, any mental health services the grant funds; and is providing obligation described above related to provided by a psychiatrist would need secular, neutral, and non-ideological to be carefully evaluated by the grantee insurance. services. Additionally, a student or before services are rendered. Because SEAs may also use the administrative parent may request a service provider portion of grant awards under this that delivers services virtually or functioning and mental, physical, social, or program to provide training to LEA- or through other video, audio, or mobile emotional health. school-based staff or community 7 platforms so long as such service meets Substance Abuse and Mental Health Services members or other appropriate Administration. (2014). Trauma-Informed Care in the definition of ‘‘trauma-specific individuals on trauma-specific mental Behavioral Health Services. Treatment mental health services.’’ After approving Improvement Protocol (TIP) Series 57. HHS a student for support and explaining to health services and trauma screenings or Publication No. (SMA) 13–4801, 137. Rockville, the student and parent the process by trauma assessments, consistent with MD: Substance Abuse and Mental Health Services Application Requirements 1 and 7. This Administration. which the SEA will provide support, the 8 Substance Abuse and Mental Health Services SEA pays providers for the trauma- training may strengthen local capacity Administration. (2014). SAMHSA’s Concept of specific mental health services a student to support students in school by Trauma and Guidance for a Trauma-Informed receives. expanding awareness of trauma Approach. HHS Publication No. (SMA) 14–4884, 7. symptoms and providing staff and other Rockville, MD: Substance Abuse and Mental Health SEAs must ensure that, to the extent Services Administration. possible, Department grant funds appropriate individuals with strategies

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to identify students who need trauma- unfunded applications from this agreement and the quality of the specific mental health services.9 competition, in accordance with section management plan as reflected in the In administering the program, the 437(d)(1) of the General Education MOA or MOU, which articulates the SEA accepts requests for services that Provisions Act (GEPA), 20 U.S.C. roles and responsibilities of each originate either from a student or the 1232(d)(1). partner, and not based on the number of student’s parent or from an LEA or Absolute Priority: This priority is an partners. school referral to the program. The SEA absolute priority. Under 34 CFR Requirements: We are establishing must establish a method to ensure that 75.105(c)(3) we consider only these requirements for the FY 2019 each student that receives support is a applications that meet this priority. grant competition and any subsequent student from a low-income family who This priority is: year in which we make awards from the has experienced trauma that is Empowering Individual Students (or list of unfunded applications from this impacting the student’s academic their Parents on Behalf of the Students, competition, in accordance with section experience (e.g., attendance, behavior, as appropriate) from Low-Income 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). academic performance, or another Families Who Have Experienced Application Requirements: An SEA measure proposed by the SEA in its Trauma to Obtain Trauma-Specific must include the following in its application), and that the service is not Mental Health Services from the application: otherwise covered or is unaffordable. Providers that Best Meet Their Needs. (1) A description of the SEA’s This program is aligned with Under this priority, the Department approach to increasing access to Supplemental Priority 10(b) from the supports projects in which an SEA trauma-specific mental health services Department’s notice of Final compensates providers for trauma- using this grant and other resources. Supplemental Priorities and Definitions specific mental health services for An SEA must describe its approach to for Discretionary Grant Programs students who are from low-income increasing access to trauma-specific (Supplemental Priorities), published in families and who have experienced mental health services (such as those the Federal Register on March 2, 2018 trauma that is impacting their referenced in the Background Section regarding SAMHSA TIP 57) through this (83 FR 9096), which encourages projects educational experiences (e.g., by program. An SEA may use, in total, no designed to create positive and safe negatively affecting attendance, more than 15 percent of grant funds for learning environments that support the behavior, academic performance, or grant administration, which may needs of all students, including by another measure identified by the SEA include collaboration with other providing school personnel with in its application). Such services should agencies or training for LEA- or school- effective strategies. If students who have not already be covered by insurance or based staff, community members, or experienced trauma exhibit symptoms are unaffordable. Students may seek, on other appropriate individuals provided that negatively impact the learning their own or through their parents, through this program (see Application environment, recovery from such school, or school district, as Requirement 7 regarding the Budget). trauma, supported by trauma-specific appropriate, a provider of trauma- specific mental health services that— An SEA must describe how this work mental health services through this will complement, rather than duplicate, program, may improve the overall (a) Is State-licensed for the services provided; existing efforts to provide school-based classroom environment. mental health services and how the Supplemental Priority 2(g) (b) Provides services that are secular, project funds will supplement, and not emphasizes the importance of neutral, and non-ideological. supplant, non-Federal funds that would partnerships with other State or local Competitive Preference Priority: This otherwise be available for activities entities, not-for-profit organizations, or priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(i), funded under this program. IHEs. Both the FCSS report and the (2) A description of the approach to literature on trauma-informed care we award up to an additional five points to an application, depending on how identifying, referring, and serving emphasize the importance of students in need of trauma-specific collaboration across agencies and well the application meets this priority. An applicant that addresses the mental health services through this sectors to promote comprehensive grant. An SEA must— support for students who have competitive preference priority should indicate so in the abstract section of its (a) Describe how a student, or a parent experienced trauma. The competitive on behalf of a student, accesses the preference priority in this notice is application. This priority is: program. Specifically, the SEA must adapted from Supplemental Priority 2(g) Building and Maintaining describe how it will support schools and is intended to encourage applicants Partnership(s) to Support Students and LEAs in identifying, referring, and to partner with appropriate entities to Recovering from Trauma. (0 to 5 points) serving students from low-income best serve students and build State and Projects that propose to work with families whose experience with trauma local capacity. An SEA may partner one or more local or State entities, such is affecting school performance, with one or more State or local mental as nonprofit organizations, IHEs, or including academic progress, behavior, health agency or agencies and receive State or local mental health agencies, to attendance at school, or another points under this priority, since such implement the project. Such an measure proposed by the SEA in its agencies are local or State entities. application includes a memorandum of application. Such a description may Priorities: This notice contains one agreement (MOA) or memorandum of include the trauma screening tool(s) or absolute priority and one competitive understanding (MOU) signed by the trauma assessment(s) used in schools in preference priority. We are establishing authorized representatives of the SEA the State (or a description of how the these priorities for the FY 2019 grant and partner entity specifying how each applicant will develop or recommend competition and any subsequent year in will provide resources and/or such tools) and a description of how an which we make awards from the list of administer services that are likely to applicant will train school staff and, as substantially contribute to positive appropriate, community members to 9 The Department of Health and Human Services identify symptoms of trauma. The Administration for Children and Families compiled outcomes for the proposed project. a set of trauma resources for schools, available at Note: Points will be awarded based on description must include the methods https://www.acf.hhs.gov/trauma-toolkit/schools. the strength of the partnership the State will use to communicate the

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availability of funding under this seeking support through this program, communities and schools. Such efforts program to LEAs, schools, and parents while also allowing students and must include, at a minimum, how the and to process requests for trauma- parents to identify the State-licensed SEA will identify the individual trauma- specific mental health services from provider that best meets their needs and specific mental health services provided students or their parents, whether those offers secular, neutral, and non- and how the SEA will document any requests come directly from students or ideological services, while not changes in individual student academic their parents or from an LEA or school prohibiting students or parents from success, including changes in on behalf of the student, consistent with identifying providers not already attendance, behavior, and academic applicable privacy requirements; identified by the State on a list, if progress, of individual students who (b) Describe the process it will use to applicable. participate in the program. This establish that a student requesting (4) A project plan that includes a description must include an explanation services is eligible, including how it specific timeline for planning, outreach, of the SEA’s approach to contributing to will confirm that a student has and service delivery. An SEA must the evidence basis for trauma-specific experienced trauma that has had a provide a detailed project plan mental health services while protecting negative impact on school performance specifying its methods for student privacy; (e.g., attendance, referrals for behavior, communicating the availability of funds, (b) Describe how it will define academic achievement or grades, or providing services and payments to changes in attendance, behavior, and another measure proposed by the SEA providers with minimal burden on academic progress; in its application) and that the student students and parents, and continuously (c) Describe its approach to measuring is a student from a low-income family, improving grant activities. As necessary student and/or parent satisfaction with as defined in this notice. In describing and appropriate, an SEA may describe grant-funded services; and how it will confirm that a student is a in its plan a period of up to 12 months (d) Explain how it will use this student from a low-income family, the during the first year of the project information during the grant period for SEA must specify the poverty period for program planning. SEAs that continuous improvement. measure(s) and threshold(s) it will use propose to use this option must provide (7) A detailed project budget. An SEA from among those identified in 20 sufficient justification for why this must provide a specific project budget. U.S.C. 6313 (title I, part A of the ESEA), program planning time is necessary, In the budget, the SEA must specify the consistent with the definition of provide the intended outcomes of portion of funds that will be used for ‘‘student from a low-income family’’ in program planning in Year 1, and outreach, administration, and this notice, and must also describe the include a description of the proposed continuous improvement as compared method it will use to verify that a strategies and activities to be supported, with funds that directly support trauma- student is from a low-income family and such as recruiting and vetting eligible specific mental health services for the how such method is minimally providers, performing outreach to students. In total, administrative costs, burdensome on the requesting student communities in need of support, and including (1) training for LEA or school or parent; training schools, LEAs, and community staff or community members on such (c) Describe how it will include members, including any trauma topics as how to identify trauma private school students from low- screener(s) or trauma assessment(s) the symptoms and administer trauma income families on an equitable basis, SEA, at its discretion, recommends. assessments, (2) outreach to LEAs, in accordance with section 8501 of the (5) A list of key project personnel and schools, and the public to increase ESEA (20 U.S.C. 7881), in identifying a description of each of their awareness about the available funds, and serving students in need of trauma- qualifications to serve in the identified and (3) other administrative expenses, specific mental health services; role. An SEA must provide a list of key may not exceed 15 percent of the annual (d) Describe how it will obtain prior project personnel, including, at a grant award amount or $30,000, written, informed consent from the minimum, the project director, key whichever is greater. parent of each child who is under 18 project personnel, and, as applicable, Definitions: We establish the years of age to participate in any mental project consultants or subcontractors, definitions of ‘‘student from a low- health assessment or service that is and describe their roles and relevant income family,’’ ‘‘trauma,’’ and funded under this program; and training and experience. To the greatest ‘‘trauma-specific mental health (e) Describe how it will ensure that, extent practicable, the SEA should services’’ for the FY 2019 grant to the extent possible, Department grant include a resume for all key project competition and any subsequent year in funds support only services that the personnel and any additional which we make awards from the list of student, or parent, as applicable, affirms description of training and unfunded applications from this are unaffordable, not covered, or qualifications. competition, in accordance with section insufficiently covered, by public or (6) A description of how an SEA will 437(d)(1) of GEPA, 20 U.S.C. 1232(d)(1). commercial health insurance programs. document the results of the funded The definitions of ‘‘local educational (3) A description of the approach to project and continuously improve agency,’’ ‘‘parent,’’ and ‘‘State paying eligible providers of trauma- services provided with grant funds to educational agency’’ are from 20 U.S.C. specific mental health services. support student academic success. An 7801. An SEA must— SEA must— These definitions are: (a) Describe the methods it will use to (a) Describe how it will document the Local educational agency (LEA) pay appropriate providers of trauma- specific types of trauma-specific mental means: specific mental health services; and health services supported by the project (a) A public board of education or (b) Describe any criteria it will use to and how it will share results of the other public authority legally determine that a provider offers trauma- project, consistent with the Family constituted within a State for either specific mental health services, how it Educational Rights and Privacy Act administrative control or direction of, or will ensure that providers are State- (FERPA) and the Health Insurance to perform a service function for, public licensed, and the method it will use to Portability and Accountability Act elementary schools or secondary offer relevant information about eligible (HIPAA) requirements, to promote schools in a city, county, township, providers to students and parents improved capacity in other school district, or other political

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subdivision of a State, or of or for a biofeedback, breathing training, II. Award Information combination of school districts or exposure therapy, eye movement Type of Award: Discretionary grants. counties that is recognized in a State as desensitization and reprocessing, Estimated Available Funds: an administrative agency for its public narrative therapy, skills training in $5,000,000. elementary schools or secondary affective and interpersonal regulation, Contingent upon the availability of schools. stress inoculation training, trauma funds and the quality of applications, (b) The term includes any other incident reduction, or other we may make additional awards in FY public institution or agency having interventions focused on supporting 2020 and subsequent years from the list administrative control and direction of trauma recovery. Note: Medical services of unfunded applications from the a public elementary school or secondary are not allowable uses of funds under competition announced in this notice. school. this grant. In general, mental health Estimated Range of Awards: $500,000 (c) The term includes an elementary counseling is not prohibited by this to $1,500,000 per year. school or secondary school funded by limitation. However, any mental health Estimated Average Size of Awards: the Bureau of Indian Education but only services provided by a psychiatrist $1,000,000 per year. to the extent that including the school would need to be carefully evaluated by Maximum Award: We will not make makes the school eligible for programs the grantee before services are rendered. for which specific eligibility is not Because psychiatrists are trained an award exceeding $1,500,000 for a provided to the school in another medical doctors, they can prescribe single budget period of 12 months. provision of law and the school does not medications, and may spend time with Estimated Number of Awards: 4–10. have a student population that is patients on medication management as Note: The Department is not bound by smaller than the student population of part of treatment. Funding from this any estimates in this notice. the LEA receiving assistance under this program must not be used to provide Project Period: Up to 60 months. chapter with the smallest student these medical services or any medical III. Eligibility Information population, except that the school shall procedure. 1. Eligible Applicants: SEAs. not be subject to the jurisdiction of any Waiver of Proposed Rulemaking: 2. a. Cost Sharing or Matching: This SEA other than the Bureau of Indian Under the Administrative Procedure Act program does not require cost sharing or Education. (5 U.S.C. 553), the Department generally (d) The term includes educational offers interested parties the opportunity matching. service agencies and consortia of those to comment on proposed priorities, b. Supplement-Not-Supplant: This agencies. definitions, and requirements. Section program involves supplement-not- (e) The term includes the SEA in a 437(d)(1) of GEPA, however, allows the supplant requirements. State in which the SEA is the sole Secretary to exempt from rulemaking 3. Subgrantees: A grantee under this educational agency for all public requirements regulations governing the competition may not award subgrants to schools. first grant competition under a new or entities to directly carry out project Parent—The term ‘‘parent’’ includes a substantially revised program authority. activities described in its application. legal guardian or other person standing This is the first grant competition for 4. Equitable Services: A grantee under in loco parentis (such as a grandparent this program under title IV, part A, this program is required to provide for or stepparent with whom the child subpart 1 of the ESEA (20 U.S.C. the equitable participation of private lives, or a person who is legally 7113(a)(3)) and therefore qualifies for school children, in accordance with responsible for the child’s welfare). this exemption. In order to ensure section 8501 of the ESEA (20 U.S.C. State educational agency (SEA) means timely grant awards, the Secretary has 7881). the agency primarily responsible for the decided to forgo public comment on the IV. Application and Submission State supervision of public elementary priorities, definitions, and requirements Information or secondary schools. under section 437(d)(1) of GEPA. These Student from a low-income family priorities, definitions, and requirements 1. Application Submission means any student who is determined will apply to the FY 2019 grant Instructions: Applicants are required to by an SEA, LEA, or school to be from competition and any subsequent year in follow the Common Instructions for a low-income family using a measure(s) which we make awards from the list of Applicants to Department of Education of poverty identified in ESEA section unfunded applications from this Discretionary Grant Programs, 1113(a)(5)(A) by applying the competition. published in the Federal Register on measure(s) and threshold(s) specified by Program Authority: Section 4103(a)(3) February 13, 2019 (84 FR 3768) and the SEA in its application. of Title IV, Part A of the ESEA (20 available at www.govinfo.gov/content/ Trauma means an event, series of U.S.C. 7113). pkg/FR-2019-02-13/pdf/2019-02206.pdf, events, or set of circumstances that is Applicable Regulations: (a) The which contain requirements and experienced by an individual as Education Department General information on how to submit an physically or emotionally harmful or Administrative Regulations in 34 CFR application. life threatening and that has lasting parts 75, 77, 79, 81, 82, 84, 97, 98, and 2. Intergovernmental Review: This adverse effects on the individual’s 99. (b) The Office of Management and program is subject to Executive Order functioning and mental, physical, Budget Guidelines to Agencies on 12372 and the regulations in 34 CFR social, or emotional well-being. Governmentwide Debarment and part 79. However, under 34 CFR 79.8(a), Trauma-specific mental health Suspension (Nonprocurement) in 2 CFR we waive intergovernmental review in services are mental health treatment part 180, as adopted and amended as order to make awards by the end of FY approaches designed specifically to treat regulations of the Department in 2 CFR 2019. trauma-related symptoms, trauma- part 3485. (c) The Uniform 3. Funding Restrictions: We reference related disorders, and specific disorders Administrative Requirements, Cost regulations outlining funding of traumatic stress, such as trauma- Principles, and Audit Requirements for restrictions in the Applicable focused cognitive behavioral therapy, Federal Awards in 2 CFR part 200, as Regulations section of this notice. In trauma-related cognitive processing adopted and amended as regulations of addition, we remind applicants that therapy, relaxation training, the Department in 2 CFR part 3474. section 4001(b) of the ESEA (20 U.S.C.

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7101) prohibits the use of funds for knowledge from research and effective reviewing applications in any medical services or drug treatment or practice. discretionary grant competition, the rehabilitation, except for integrated (iii) The quality of the proposed Secretary may consider, under 34 CFR student supports, specialized demonstration design and procedures 75.217(d)(3), the past performance of the instructional support services, or for documenting project activities and applicant in carrying out a previous referral to treatment for impacted results. award, such as the applicant’s use of students, which may include students (c) Quality of Project Services (30 funds, achievement of project who are victims of, or witnesses to, points). objectives, and compliance with grant crime or who illegally use drugs. In The Secretary considers the quality of conditions. The Secretary may also general, mental health counseling is not the services to be provided by the consider whether the applicant failed to prohibited by this limitation. However, proposed project. In determining the submit a timely performance report or any mental health services provided by quality of the services to be provided by submitted a report of unacceptable a psychiatrist would need to be the proposed project, the Secretary quality. carefully evaluated by the grantee before considers the quality and sufficiency of In addition, in making a competitive services are rendered. Because strategies for ensuring equal access and grant award, the Secretary also requires psychiatrists are trained medical treatment for eligible project various assurances including those doctors, they can prescribe medications, participants who are members of groups applicable to Federal civil rights laws and may spend time with patients on that have traditionally been that prohibit discrimination in programs medication management as part of underrepresented based on race, color, or activities receiving Federal financial treatment. Funding from this program national origin, gender, age, or assistance from the Department (34 CFR must not be used to provide these disability. In addition, the Secretary 100.4, 104.5, 106.4, 108.8, and 110.23). medical services or any medical considers: 3. Risk Assessment and Specific procedure. (i) The extent to which the services to Conditions: Consistent with 2 CFR be provided by the proposed project are 200.205, before awarding grants under V. Application Review Information appropriate to the needs of the intended this program the Department conducts a 1. Selection Criteria: The selection recipients or beneficiaries of those review of the risks posed by applicants. criteria for this program are from 34 CFR services. Under 2 CFR 3474.10, the Secretary may 75.210. The maximum score for all (ii) The quality of plans for providing impose specific conditions and, in selection criteria is 100 points. The an opportunity for participation in the appropriate circumstances, high-risk points or weights assigned to each proposed project of students enrolled in conditions on a grant if the applicant or criterion are indicated in parentheses. private schools. grantee is not financially stable; has a Non-Federal peer reviewers will (d) Quality of Project Personnel (10 history of unsatisfactory performance; evaluate and score each application points). has a financial or other management against the following selection criteria: The Secretary considers the quality of system that does not meet the standards the personnel who will carry out the in 2 CFR part 200 subpart D; has not (a) Significance (25 points). proposed project. In determining the fulfilled the conditions of a prior grant; The Secretary considers the quality of project personnel, the or is otherwise not responsible. significance of the proposed project. In Secretary considers the extent to which 4. Integrity and Performance System: determining the significance of the the applicant encourages applications If you are selected under this proposed project, the Secretary for employment from persons who are competition to receive an award that considers the following factors: members of groups that have over the course of the project period (i) The extent to which the proposed traditionally been underrepresented may exceed the simplified acquisition project is likely to yield findings that based on race, color, national origin, threshold (currently $250,000), under 2 may be utilized by other appropriate gender, age, or disability. In addition, CFR 200.205(a)(2) we must make a agencies and organizations. the Secretary considers the following judgment about your integrity, business (ii) The extent to which the proposed factors: ethics, and record of performance under project is likely to build local capacity (i) The qualifications, including Federal awards—that is, the risk posed to provide, improve, or expand services relevant training and experience, of the by you as an applicant—before we make that address the needs of the target project director or principal an award. In doing so, we must consider population. investigator. any information about you that is in the (iii) The potential replicability of the (ii) The qualifications, including integrity and performance system proposed project or strategies, relevant training and experience, of key (currently referred to as the Federal including, as appropriate, the potential project personnel. Awardee Performance and Integrity for implementation in a variety of (e) Quality of the Management Plan Information System (FAPIIS)), settings. (20 points). accessible through the System for (b) Quality of the Project Design (15 The Secretary considers the quality of Award Management. You may review points). the management plan for the proposed and comment on any information about The Secretary considers the quality of project. In determining the quality of the yourself that a Federal agency the design of the proposed project. In management plan for the proposed previously entered and that is currently determining the quality of the design of project, the Secretary considers the in FAPIIS. the proposed project, the Secretary adequacy of the management plan to Please note that, if the total value of considers the following factors: achieve the objectives of the proposed your currently active grants, cooperative (i) The extent to which the design of project on time and within budget, agreements, and procurement contracts the proposed project is appropriate to, including clearly defined from the Federal Government exceeds and will successfully address, the needs responsibilities, timelines, and $10,000,000, the reporting requirements of the target population or other milestones for accomplishing project in 2 CFR part 200, Appendix XII, identified needs. tasks. require you to report certain integrity (ii) The extent to which the design of 2. Review and Selection Process: We information to FAPIIS semiannually. the proposed project reflects up-to-date remind potential applicants that in Please review the requirements in 2 CFR

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part 200, Appendix XII, if this grant submit an annual performance report conceptualizing the approach and plus all the other Federal funds you that provides the most current evaluation of the project. receive exceed $10,000,000. performance and financial expenditure All grantees must submit an annual information as directed by the Secretary performance report and final VI. Award Administration Information under 34 CFR 75.118. The Secretary performance report with information 1. Award Notices: If your application may also require more frequent that is responsive to these performance is successful, we notify your U.S. performance reports under 34 CFR measures. Representative and U.S. Senators and 75.720(c). For specific requirements on 6. Continuation Awards: In making a send you a Grant Award Notification reporting, please go to www.ed.gov/ continuation award under 34 CFR (GAN); or we may send you an email fund/grant/apply/appforms/ 75.253, the Secretary considers, among containing a link to access an electronic appforms.html. other things: Whether a grantee has version of your GAN. We may notify 5. Performance Measures: The made substantial progress in achieving you informally, also. Department has established the the goals and objectives of the project; If your application is not evaluated or following Government Performance and whether the grantee has expended funds not selected for funding, we notify you. Results Act of 1993 performance in a manner that is consistent with its 2. Administrative and National Policy measures for the Trauma Recovery approved application and budget; and, Requirements: We identify Demonstration Grant Program: if the Secretary has established administrative and national policy (a) Cumulative, unduplicated number performance measurement requirements in the application package of students receiving trauma-specific requirements, the performance targets in and reference these and other mental health services from a provider the grantee’s approved application. requirements in the Applicable chosen by the student or parent and In making a continuation award, the Regulations section of this notice. Secretary also considers whether the We reference the regulations outlining supported by funds from this grant. (b) Cumulative, unduplicated number grantee is operating in compliance with the terms and conditions of an award in the assurances in its approved the Applicable Regulations section of and percentage of students or parents reporting satisfaction with the services application, including those applicable this notice and include these and other to Federal civil rights laws that prohibit specific conditions in the GAN. The provided under this grant as it relates to addressing the student’s trauma discrimination in programs or activities GAN also incorporates your approved receiving Federal financial assistance application as part of your binding symptoms. (c) Consistent with applicable privacy from the Department (34 CFR 100.4, commitments under the grant. 104.5, 106.4, 108.8, and 110.23). 3. Open Licensing Requirements: laws and regulations, the percentage of Unless an exception applies, if you are students who have received trauma- VII. Other Information specific mental health services who awarded a grant under this competition, Accessible Format: Individuals with you will be required to openly license improved their attendance compared with a baseline of the same students’ disabilities can obtain this document to the public grant deliverables created and a copy of the application package in in whole, or in part, with Department attendance in the period prior to receiving services through this grant. an accessible format (e.g., braille, large grant funds. When the deliverable print, audiotape, or compact disc) on consists of modifications to pre-existing These measures constitute the Department’s indicators of success for request to the program contact person works, the license extends only to those listed under FOR FURTHER INFORMATION modifications that can be separately this program. Consequently, we advise an applicant for a grant under this CONTACT. identified and only to the extent that Electronic Access to This Document: program to carefully consider these open licensing is permitted under the The official version of this document is measures in conceptualizing the terms of any licenses or other legal the document published in the Federal approach and evaluation for its restrictions on the use of pre-existing Register. You may access the official proposed project. Each grantee will be works. Additionally, a grantee or edition of the Federal Register and the required to provide, in its annual subgrantee that is awarded competitive Code of Federal Regulations at performance and final reports, data grant funds must have a plan to www.govinfo.gov. At this site you can about its progress in meeting these disseminate these public grant view this document, as well as all other measures. This data will be considered deliverables. This dissemination plan documents of this Department by the Department in making can be developed and submitted after published in the Federal Register, in continuation awards. your application has been reviewed and text or Adobe Portable Document Consistent with 34 CFR 75.591, selected for funding. For additional Format (PDF). To use PDF you must grantees funded under this program information on the open licensing have Adobe Acrobat Reader, which is must comply with the requirements of requirements please refer to 2 CFR available free at the site. any evaluation of the program 3474.20. You may also access documents of the conducted by the Department or an 4. Reporting: (a) If you apply for a Department published in the Federal evaluator selected by the Department. grant under this competition, you must Register by using the article search ensure that you have in place the Note: If the applicant does not have feature at www.federalregister.gov. necessary processes and systems to experience with collection and Specifically, through the advanced comply with the reporting requirements reporting of performance data through search feature at this site, you can limit in 2 CFR part 170 should you receive other projects or research, the applicant your search to documents published by funding under the competition. This should provide other evidence of the Department. does not apply if you have an exception capacity to successfully carry out data under 2 CFR 170.110(b). collection and reporting for its proposed Dated: July 1, 2019. (b) At the end of your project period, project. Frank T. Brogan, you must submit a final performance The reviewers of each application will Assistant Secretary for Elementary and report, including financial information, score related selection criteria on the Secondary Education. as directed by the Secretary. If you basis of how well an applicant has [FR Doc. 2019–14408 Filed 7–3–19; 8:45 am] receive a multiyear award, you must considered these measures in BILLING CODE 4000–01–P

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DEPARTMENT OF EDUCATION respond to questions unrelated to the General Education Provisions Act application requirements for this (GEPA), 20 U.S.C. 1232(d)(1). Applications for New Awards; competition. The blog will be available Absolute Priority: For FY 2019, and Rehabilitation Training: Innovative at www2.ed.gov/fund/grant/apply/rsa/ any subsequent year in which we make Rehabilitation Training Program new-rsa-grants.html and will remain awards from the list of unfunded open until July 24, 2019. After the blog applications from this competition, this AGENCY: Office of Special Education and priority is an absolute priority. Under 34 Rehabilitative Services, Department of closes, applicants should direct FOR CFR 75.105(c)(3) we consider only Education. questions to the person listed under FURTHER INFORMATION CONTACT. applications that meet this priority. ACTION: Notice. This priority is: ADDRESSES: For the addresses for Innovative Rehabilitation Training SUMMARY: obtaining and submitting an The mission of the Office of Projects. Special Education and Rehabilitative application, please refer to our Common Background: The Innovative Services (OSERS) is to improve early Instructions for Applicants to Rehabilitation Training priority aligns childhood, educational, and Department of Education Discretionary with the OSERS framework by funding employment outcomes and raise Grant Programs, published in the projects designed to strengthen, expectations for all people with Federal Register on February 13, 2019 improve, develop, and provide training disabilities, their families, their (84 FR 3768) and available at to VR professionals and communities, and the Nation. The www.govinfo.gov/content/pkg/FR-2019- paraprofessionals serving students and Department of Education (Department) 02-13/pdf/2019-02206.pdf. youth with disabilities, parents and is issuing a notice inviting applications FOR FURTHER INFORMATION CONTACT: guardians of youth with disabilities, and for fiscal year (FY) 2019 for the Cassandra P. Shoffler, U.S. Department adults with disabilities and to improve Innovative Rehabilitation Training of Education, 400 Maryland Avenue employment outcomes and raise Program, Catalog of Federal Domestic SW, Room 5122, Potomac Center Plaza, expectations for all people with Assistance (CFDA) number 84.263C. Washington, DC 20202–2800. disabilities, their families, their The competition funds time-limited Telephone: (202) 245–7827. Email: communities, and the Nation. This pilot demonstration projects to develop, [email protected]. priority is an example of a competition refine, implement, evaluate, and If you use a telecommunications designed to foster flexible and disseminate innovative methods of device for the deaf (TDD) or a text affordable paths to obtaining knowledge training vocational rehabilitation (VR) telephone (TTY), call the Federal Relay and skills and to meet the unique needs personnel to support the work of the Service (FRS), toll free, at 1–800–877– of individuals with disabilities, as State VR agencies and the 8339. identified in the Secretary’s priorities. implementation of the Rehabilitation Specifically, this priority requires SUPPLEMENTARY INFORMATION: Act of 1973, as amended by the grantees to develop current and, to the Workforce Innovation and Opportunity Full Text of Announcement extent possible, evidence-based training Act (Rehabilitation Act). In the FY 2019 I. Funding Opportunity Description modules for inclusion in rehabilitation competition, the Department is focusing counseling education programs and for on innovative rehabilitation training in Purpose of Program: The Innovative use as stand-alone modules in order to the following areas: VR counseling, VR Rehabilitation Training program is develop or implement pathways to services to individuals with autism designed to develop (a) new types of recognized postsecondary credentials spectrum disorder (ASD), VR services to training programs for rehabilitation and to provide work-based learning individuals with intellectual personnel and to demonstrate the experiences such as apprenticeships, disabilities, career assessment (also effectiveness of these new types of internships, and practica. Further, referred to as ‘‘vocational evaluation’’) training programs for rehabilitation under this priority, grantees may help for VR service recipients, employer personnel in providing rehabilitation VR professionals and paraprofessionals engagement in the VR process, and services to individuals with disabilities; learn how to meet the unique needs of field-initiated projects in an area related (b) new and improved methods of individuals with disabilities; create or to VR. This notice relates to the training rehabilitation personnel so that expand opportunities for students and approved information collection under there may be a more effective delivery youth receiving transition services; OMB control number 1820–0018. of rehabilitation services to individuals assist individuals with disabilities to DATES: with disabilities by designated State obtain recognized postsecondary Applications Available: July 5, 2019. rehabilitation agencies and designated credentials, including postsecondary Deadline for Transmittal of State rehabilitation units or other public credentials in science, technology, Applications: August 14, 2019. or non-profit rehabilitation service engineering, mathematics, or computer Pre-Application Webinar Information: agencies or organizations; and (c) new science, as they pursue careers; and No later than July 10, 2019, OSERS will innovative training programs for VR expand partnerships with appropriate post pre-recorded informational professionals and paraprofessionals to entities, such as State VR agencies, State webinars designed to provide technical have a 21st-century understanding of educational agencies, local educational assistance to interested applicants. The the evolving labor force and the needs agencies, schools, businesses, not-for- webinars may be found at: of individuals with disabilities so they profit professional organizations, and www2.ed.gov/fund/grant/apply/rsa/ can more effectively provide VR organizations of, or representing, new-rsa-grants.html. services to individuals with disabilities. individuals with disabilities. This Pre-Application Q&A Blog: No later Priority: This competition includes priority also involves promoting than July 10, 2019, OSERS will open a one absolute priority. We are economic opportunity for individuals blog where interested applicants may establishing this priority for FY 2019 with disabilities. Projects must be post questions about the application and any subsequent year in which we operated in a manner consistent with requirements for this competition and make awards from the list of unfunded nondiscrimination requirements where OSERS will post answers to the applications from this competition, in contained in the U.S. Constitution and questions received. OSERS will not accordance with section 437(d)(1) of the the Federal civil rights laws.

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With this priority, the Secretary among boys than among girls (CDC, exited after being determined ineligible intends to fund innovative 2018). for VR services (U.S. Department of rehabilitation training projects to Further, there are gaps within the Education, 2018). develop, pilot, refine, implement, systems that support individuals with With respect to Topic Area 4—career evaluate, and disseminate training to ASD. As an example, Advancing assessment for VR service recipients, support the work of the State VR Futures for Adults with Autism (AFAA) vocational evaluation is important for agencies and the implementation of the noted that a 2008 study conducted in identifying and providing VR services Rehabilitation Act, and to focus on Florida by the Center for Autism and that will enable individuals with training VR personnel. The Secretary Related Disabilities showed that disabilities to achieve employment intends to award one national project in approximately 67 percent of the 200 outcomes consistent with their unique each of the following topic areas: (1) VR families of 18- to 22-year-olds with capabilities, interests, and informed counseling, (2) VR services to autism surveyed did not have choice. As defined by the Wilson individuals with Autism Spectrum knowledge of transition services, 73 Workforce and Rehabilitation Center, Disorders (ASD), (3) VR services to percent indicated they need help with ‘‘vocational evaluation is an educational individuals with intellectual their job, 63 percent need help with process in which a client obtains greater disabilities, (4) career assessment for VR daily living, and 78 percent did not self and work knowledge through service recipients, and (5) employer know of agencies or professionals who participation in work activities designed engagement in the VR process. In can help them find work. The study also to evaluate vocational skills, interests, addition, the Secretary intends to award showed that while 74 percent of those and abilities. Clients learn about the one national project in a sixth topic surveyed want to work, only 19 percent functional impact of their disability in area: a field-initiated project in an area were currently working. (AFAA, 2014). relation to their career options. They related to VR. In the event that there are State VR agencies serve individuals also learn about assistive technology no applications submitted or deemed with ASD, and VR professionals and and the devices and accommodations eligible to fund in Topic Areas 1, 2, 3, paraprofessionals need to be trained to needed to remove barriers to 4, or 5 the Secretary may fund more provide services that meet their needs. employment. The evaluation process than one field-initiated project under According to the RSA–911, in program encourages personal involvement in Topic Area 6. year (PY) 2017, State VR agencies career planning and development and With respect to Topic Area 1–VR determined 29,678 individuals with empowers clients by increasing their counseling, according to the U.S. ASD to be eligible for VR services, self-confidence in career decision Department of Labor, the growth rate of served 43,841 individuals with ASD making’’ (Wilson Workforce and rehabilitation counseling positions is under individualized plans for Rehabilitation Center, 2018). faster than average, with a projected 13 employment (IPEs), and had 9,850 According to the RSA–911, in PY percent growth in rehabilitation individuals with ASD exit the VR 2017, 271,124 individuals received counseling positions from 2016 to 2026 system in competitive integrated or career assessment services from VR (Bureau of Labor Statistics). According supported employment. In addition, personnel. Given that career assessment to the O*Net Summary Report for 13,793 individuals with ASD exited the services are essential when assisting VR Rehabilitation Counselors, the projected VR system without employment after consumers to identify their employment growth in the field of VR counseling eligibility was determined or after an goals, it is critical that VR personnel from 2016 to 2026 is expected to be IPE was signed, 9 individuals with ASD remain current in their ability to faster than average at 10 percent to 14 exited in noncompetitive or provide career assessment services. percent, with 14,500 job openings nonintegrated employment after an IPE With respect to Topic Area 5— projected by 2026. Further, the report was signed, and 96 individuals with employer engagement, the most recent indicates that the need for qualified VR ASD exited after they were determined amendments to the Rehabilitation Act counselors continues to exist and is ineligible for VR services (U.S. included an enhanced focus on driven strongly by impending Department of Education, 2018). employer engagement. For example, the retirements (O*NET, 2018). With respect to Topic Area 3—VR purpose section of the Rehabilitation In addition, the Rehabilitation Act services to individuals with intellectual Act was expanded to include increasing includes new expectations and job disabilities, the State VR agencies serve employment opportunities and requirements for VR counselors. As a a large number of individuals with employment outcomes for individuals result, universities will need to modify intellectual disabilities (ID), so VR with disabilities, including through their curricula and academic programs professionals and paraprofessionals encouraging meaningful input by so that individuals graduating from VR need to be trained to provide employers and VR service providers on academic programs are ready to meet appropriate services to meet their needs. successful and prospective employment these requirements and the needs of According to the RSA–911, in PY 2017, and placement strategies. The their clients with disabilities. New 35.4 percent (338,757) of the individuals Rehabilitation Act also now allows VR modules for training of working VR served by State VR agencies (957,082) agencies to provide training and professionals and paraprofessionals will were individuals with ID, including services for employers who have hired need to be developed. 36,183 who were determined eligible for or are interested in hiring individuals With respect to Topic Area 2—VR VR services, 46,816 who had IPEs, and with disabilities under its programs. services to individuals with ASD, the 13,586 who exited the VR system in These services may include: (1) Centers for Disease Control and competitive integrated or supported Providing training and technical Prevention’s (CDC’s) Autism and employment. In addition, 22,187 assistance to employers regarding the Developmental Disabilities Monitoring individuals with ID exited the VR employment of individuals with Network estimates that approximately 1 system without an employment disabilities, including disability in 59 children has been identified with outcome after eligibility was determined awareness and the requirements of the ASD (or 16.8 per 1,000 8-year-olds). or after an IPE was signed, 9 individuals Americans with Disabilities Act of 1990 ASD is reported to occur in all racial, with ID exited in noncompetitive or and other employment-related laws; (2) ethnic, and socioeconomic groups and nonintegrated employment after an IPE working with employers to (a) provide is about four times more common was signed, and 135 individuals with ID opportunities for work-based learning

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experiences, including internships, curricula used by universities and To address the large number of short-term employment, prepare, as appropriate, novel, individuals with ID who are served by apprenticeships, and fellowships, and innovative modules that universities the VR agencies and to provide services opportunities for pre-employment can include to update the curricula and designed to meet the unique needs of transition services, (b) recruit qualified that can be used by a variety of trainers each individual with ID, a project in this applicants who are individuals with to provide short-term or other training topic area must develop current and, to disabilities, (c) train employees who are to VR professionals and the extent possible, evidence-based individuals with disabilities, and (d) paraprofessionals. Projects must include training modules for inclusion in promote awareness of disability-related information about training on how to— rehabilitation counseling education obstacles to continued employment; (3) (1) Use evidence-based 1 information programs and for use as stand-alone providing consultation, technical and data in the VR process; modules to provide short-term training assistance, and support to employers on (2) Use labor market analyses in for VR professionals, paraprofessionals, workplace accommodations, assistive developing VR goals and providing individuals studying to become VR technology, and facilities and workplace informed choice to individuals with professionals and paraprofessionals, access through collaboration with disabilities receiving VR services; and, as appropriate, representatives of community partners and employers, (3) Engage the dual customers, that is, individuals with disabilities, including across States and nationally, to enable individuals with disabilities and parents, family members, guardians, the employers to recruit, job match, employers; advocates, and other authorized hire, and retain qualified individuals (4) Engage with other partners in the representatives. The subject of the with disabilities who are recipients of workforce development system, training must be providing VR services VR services under the Rehabilitation including, at a minimum, Workforce to individuals with ID and, as Act, or who are applicants for such Development Boards or career centers, appropriate, representatives of services; and (4) assisting employers businesses or industry associations, individuals with ID, including parents, with utilizing available financial training or educational institutions, and family members, guardians, advocates, support for hiring or accommodating community-based organizations; and and other authorized representatives. individuals with disabilities. (Section (5) Address changes resulting from (d) Topic Area 4—Career assessments 109 of the Rehabilitation Act.) State VR the amendments to the Rehabilitation for VR service recipients. agencies are required to describe, in the Act and other trends in the field related To address the importance of State plan, how they will work with to service delivery, including, at a vocational evaluation in identifying and employers to identify competitive minimum, supported employment, pre- providing VR services, a project in this integrated employment opportunities employment transition services, and topic area must develop current and, to and career exploration opportunities to customized employment. the extent possible, evidence-based provide VR services and transition (b) Topic Area 2—VR services to training modules for inclusion in services for youth with disabilities and individuals with ASD. rehabilitation counseling education To address the increasing numbers of students with disabilities. State VR programs and short-term training for VR individuals with ASD and to provide agencies may engage with employers professionals, paraprofessionals, services designed to meet the unique throughout the VR process, including at individuals studying to become VR needs of each individual with ASD, a job placement, development of professionals and paraprofessionals, project in this topic area must develop customized employment opportunities and, as appropriate, representatives of current and, to the extent possible, for individuals, and follow-up services. individuals with disabilities, including Given that employer engagement evidence-based training modules. These parents, family members, guardians, promotes increased employment modules must be available for inclusion advocates, and other authorized opportunities for individuals with in VR counseling education programs representatives. The subject of the disabilities who are receiving VR and short-term training for VR training must be providing career professionals and paraprofessionals, services, it is critical that VR personnel assessment VR services in the 21st- individuals studying to become VR remain current in their ability to work century labor market, including professionals and paraprofessionals, with and engage employers in the VR assessments for careers in in-demand and, as appropriate, representatives of process, including employers fields and STEM, to meet local labor individuals with disabilities, including representing the 21st-century labor market needs. parents, family members, guardians, market, to include in-demand fields and (e) Topic Area 5—Employer advocates, and other authorized fields related to science, technology, engagement in the VR process. representatives. The subject of the engineering, and mathematics (STEM) To address the enhanced focus on training must be providing VR services that meet the local labor market needs. employer engagement in the most recent to individuals with ASD, and, as Priority: The purpose of this priority amendments to the Rehabilitation Act, a appropriate, representatives of is to fund projects designed to develop, project in this topic area must develop individuals with ASD, including pilot, refine, implement, evaluate, and current and, to the extent possible, parents, family members, guardians, disseminate new, or substantially evidence-based training modules for advocates, and other authorized improved, innovative rehabilitation inclusion in rehabilitation counseling representatives. training in six topic areas to support the education programs and short-term (c) Topic Area 3—VR services to training for VR professionals, work of the State VR agencies and the individuals with ID. implementation of the Rehabilitation paraprofessionals, individuals studying to become VR professionals and Act. 1 For the purposes of this priority, ‘‘evidence- The six topic areas are: based’’ means the proposed project component is paraprofessionals, and, as appropriate, (a) Topic Area 1—VR counseling. supported, at a minimum, by evidence that representatives of individuals with The most recent amendments to the demonstrates a rationale (as defined in 34 CFR disabilities, including parents, family Rehabilitation Act contained many 77.1), where a key project component included in members, guardians, advocates, and the project’s logic model (as defined in 34 CFR 77.1) changes that affect VR counseling. is informed by research or evaluation findings that other authorized representatives. The Therefore, a project in this topic area suggest the project component is likely to improve subject of the training must be engaging must review current VR counseling relevant outcomes (as defined in 34 CFR 77.1). employers in the VR process, including

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employers in in-demand fields and professionals and paraprofessionals to training to be developed, the mode of STEM, to meet local labor market needs. achieve increased skill, knowledge, and delivery, and the intended long-term (f) Topic Area 6—Field-initiated competence in the topic area. outcome of the training; project in an area related to VR. Note: Applications that propose only to (3) The proposed project will provide Field-initiated projects must be continue existing training in these topic areas training in person or via on-line designed to develop training for VR are not eligible for funding. delivery to VR professionals, personnel in an area for which no Specific Application Requirements: In paraprofessionals, and individuals training currently exists, enhance studying to become VR professionals training in an area for which the addition to meeting the absolute priority and the general application and paraprofessionals; existing training is no longer current or (4) The proposed project will identify relevant, or enhance training in an area requirements, all applicants must meet the following specific application the number of individuals proposed to that has received increased emphasis be enrolled in the training program, by under the Rehabilitation Act. In each requirements: (a) Demonstrate, in the narrative cohort, each year of the proposed case, applicants must provide sufficient project; evidence to demonstrate the need for section of the application under ‘‘Need for Project and Relevance to State- (5) The proposed project will identify the training in a proposed new topic and partner with trainers who are area or, in areas for which there is Federal Rehabilitation Service Program,’’ how— certified and recognized in the topic existing training, demonstrate that the area to develop and deliver the training; existing training is not adequately (1) The proposed project will address current and projected training needs (6) The proposed project will use meeting the needs of VR professionals, current research and evidence-based paraprofessionals, and individuals and, if applicable, personnel shortages in the identified topic area in State VR practices. To address this requirement, studying to become VR professionals the applicant must— and paraprofessionals. agencies and related agencies nationally. Applicants must present (i) Describe how the proposed project Application Requirements data demonstrating such training needs will incorporate current research and evidence-based practices in the General Application Requirements: and, if applicable, personnel shortages; development and delivery of its (a) Applicants must identify the (2) The proposed project will identify products and training; and specific topic area (1, 2, 3, 4, 5, or 6) the evidence-based training and (ii) Describe how the proposed project under which they are applying as part baseline data that currently exist in the will engage training recipients with of the competition title on the topic area and describe why there is a different learning styles; and application cover sheet (SF form 424, need to establish innovative line 4). rehabilitation training modules in the (7) The proposed project will conduct (b) Applicants may submit proposals identified area. In the event that an dissemination and coordination under more than one topic area. applicant proposes training in a topic activities. To address this requirement, (c) Applicants may combine more area for which training does not the applicant must— than one topic area, and these currently exist or for which there are no (i) Describe how the proposed project applications must be submitted under baseline data, the applicant must will disseminate information to VR Topic Area 6—Field-initiated project. explain the lack of training or reliable agencies, related agencies, academic (d) For each topic area, applicants data and may report zero as a baseline; programs with VR counseling programs, must develop a new training program, a and and other training providers; substantially improved training (3) The proposed project will increase disseminate information to VR program, and/or stand-alone modules to the number of trained VR professionals professionals and paraprofessionals be incorporated into an existing and paraprofessionals in the topic area. about training available in the topic academic degree program for educating To address this requirement, the area; broadly disseminate successful VR counselors or other VR professionals applicant must describe the strategies for preparing VR professionals and paraprofessionals and into short- competencies that VR professionals and and paraprofessionals in the topic area; term training for VR professionals. The paraprofessionals must demonstrate in and disseminate information to training program or modules must be order to provide high-quality services. individuals with disabilities, parents, developed by the end of the first year of (b) Demonstrate, in the narrative family members, guardians, advocates, the project period and piloted, refined, section of the application under and authorized representatives via the implemented, evaluated, and ‘‘Quality of Project Design,’’ how— RSA Parent Information and Training disseminated in years two, three, four, (1) The proposed project will actively programs and the National and five of the project period. engage consumers, consumer Clearinghouse of Rehabilitation Applicants must describe a process for organizations, employers, and service Training Materials, a state-of-the-art feedback and continuous improvement providers, especially State VR agencies, archiving and dissemination system that to ensure the training program or in the proposed project, including is open and available to the public and modules are refined throughout years project development, design, provides a central location for later use two, three, four, and five. Applicants implementation, delivery of training, of training materials, including must provide adequate justification in dissemination, sustainability planning, curricula, audiovisual materials, their application if they determine program evaluation, and other relevant webinars, examples of emerging and additional time may be necessary to areas as determined by the applicant; evidence-based practices, and any other fully develop a curriculum and obtain (2) The proposed project will develop, relevant material; input and feedback from key partners, pilot, and refine new or enhanced (ii) Describe the process for relevant stakeholders, and individuals modules for training of working VR submitting all materials to the National with disabilities. professionals and paraprofessionals and Clearinghouse of Rehabilitation (e) The training must be of sufficient individuals studying to become VR Training Materials; scope, intensity, and duration for VR professionals and paraprofessionals in Note: All products produced by the professionals, paraprofessionals, and the topic area. The applicant must grantees must meet government- and individuals studying to become VR describe the scope of the proposed industry-recognized standards for

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accessibility, including section 508 of the (2) The proposed project will identify historically been underrepresented Rehabilitation Act. high-quality applicants for participation based on race, color, national origin, (iii) Describe its approach for in the program, including any pre- gender, age, or disability; and incorporating the use of information assessments that may be used to (2) The proposed project director or technology (IT) into all aspects of the determine the skill, knowledge base, principal investigator and other key proposed project. The approach must and competence of the VR professionals proposed project personnel, consultants, include establishing and maintaining a and paraprofessionals and individuals and subcontractors have the state-of-the-art IT platform that is studying to become VR professionals qualifications and experience to develop sufficient to support webinars, and paraprofessionals; and provide training to VR professionals teleconferences, video conferences, and (3) The proposed project will ensure and paraprofessionals in the topic area. that all training activities and materials other virtual methods for disseminating Note: While applicants may not hire staff information. Proposed projects may are fully accessible; or select trainees based on race or national either develop new platforms or systems (4) The proposed project will enable origin/ethnicity, they may conduct outreach or may modify existing platforms or VR professionals, paraprofessionals, and activities to increase the pool of eligible systems, so long as the requirements of individuals studying to become VR candidates from groups that have this priority are met; and professionals and paraprofessionals to traditionally been underrepresented based on (iv) Describe its approach for participate in and successfully complete race, color, national origin, gender, age, or conducting coordination and the training program, including disability. We will disqualify and not collaboration activities. To meet this participants who need to work while in consider for funding any applicant that indicates that it will hire or train a certain requirement, the applicant must— the program, have child care or elder care considerations, or live in number or percentage of candidates from (A) Establish a community of groups that have traditionally been 2 practice in the topic area of training geographically isolated areas. The underrepresented based on race, color, that focuses on the proposed project’s approach must emphasize innovative national origin, gender, age, or disability. activities and acts as a vehicle for instructional delivery methods, such as communication and exchange of distance learning or block scheduling (a (e) Demonstrate, in the narrative information among participants in the type of academic scheduling that offers section of the application under program and other relevant fewer classes per day for longer periods ‘‘Adequacy of Resources and Quality of stakeholders; of time), which would allow working the Management Plan,’’ how— (B) Communicate, collaborate, and VR professionals, paraprofessionals, and (1) The applicant and any identified coordinate with other relevant individuals studying to become VR partners in the proposed project have an Department-funded projects, as professionals and paraprofessionals to adequate commitment to the proposed applicable; more easily participate in the program; project and the resources to carry out (C) Maintain ongoing communication and the proposed activities, and will with the RSA project officer and other (5) The training will be of sufficient contribute to the implementation and RSA staff as required; and scope, intensity, and duration to success of the proposed project; (D) Communicate, collaborate, and adequately prepare VR professionals, (2) The proposed project costs are coordinate, as appropriate, with key paraprofessionals, and individuals reasonable in relation to the anticipated staff in State VR agencies; State and studying to become VR professionals results and benefits; local educational agencies and partner and paraprofessionals in the identified (3) The training will be continued programs; organizations and topic area. To address this requirement, after Federal funding ends; associations of, or representing, the applicant must— (4) The management plan will ensure individuals with disabilities; relevant (i) Describe the components of the that the proposed project’s intended RSA partner organizations and training that will allow VR outcomes will be achieved on time and associations; and individuals with professionals, paraprofessionals, and within budget. To meet this disabilities, parents, family members, individuals studying to become VR requirement, the applicant must— guardians, advocates, and authorized professionals and paraprofessionals to (i) Describe the defined representatives via the RSA Parent acquire and enhance the identified responsibilities for key proposed project Information and Training programs and competencies; personnel, consultants, and the National Clearinghouse of (ii) Describe the components of the subcontractors, as applicable, how these Rehabilitation Training Materials. training that will allow VR responsibilities will be allocated to the (c) Demonstrate, in the narrative professionals, paraprofessionals, and proposed project, and how these section of the application under individuals studying to become VR allocations are appropriate and adequate ‘‘Quality of Project Services,’’ how— professionals and paraprofessionals to to achieve the proposed project’s (1) The proposed project will ensure apply their content knowledge in a intended outcomes, including an equal access and treatment for eligible practical setting; and assurance that such personnel will have proposed project participants who are (iii) Describe how the proposed adequate availability to ensure timely members of groups that have project will provide VR professionals, communications with stakeholders and traditionally been underrepresented paraprofessionals, and individuals RSA; and based on race, color, national origin, studying to become VR professionals (ii) Describe the timelines and gender, age, or disability; and paraprofessionals with ongoing milestones for accomplishing the guidance and feedback throughout the proposed project tasks; 2 A community of practice (CoP) is a group of training provided. (5) The proposed project management people who work together to solve a persistent problem or to improve practice in an area that is (d) Demonstrate, in the narrative plan will ensure that the products and important to them and who deepen their knowledge section of the application under services provided are of high quality; and expertise by interacting on an ongoing basis. ‘‘Quality of Project Personnel,’’ how— and CoPs exist in many forms, some large in scale that (1) The proposed project will (6) The proposed project will benefit deal with complex problems, others small in scale that focus on a problem at a very specific level. See encourage applications for employment from a diversity of perspectives, http://www.wintac.org/cop for examples of CoPs with the project from persons who are especially relevant partners, groups, and established through other RSA grants. members of groups that have organizations described throughout this

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notice, in its development and includes coordination with any Autism Spectrum Disorder. (November operation. identified partners in the application 15, 2018). Retrieved from https:// (f) Describe, in the narrative section of and RSA to make revisions post-award www.cdc.gov/ncbddd/autism/ the application under ‘‘Quality of the to the logic model in order to reflect any data.htmlwww.cdc.gov/ncbddd/autism/ Project Evaluation,’’ the evaluation plan changes or clarifications to the model data.html. for the proposed project. At a minimum, and to the evaluation design and U.S. Department of Education, Office of the proposed project must evaluate the instrumentation; Special Education and Rehabilitative quality of the proposed training Services, Rehabilitation Services (5) Describe the standards and targets Administration. (2018). Case Service modules; refine the training modules for determining effectiveness of the Report (RSA–911), PY 2017. based on the evaluation outcomes; re- proposed project; and Wilson Workforce and Rehabilitation Center: evaluate the refined training modules; (6) Describe how evaluation results Vocational Evaluation Services. (January provide guidance about effective will provide performance feedback and 18, 2018). Retrieved from https:// strategies suitable for replication in permit periodic assessment of progress www.wwrc.net/Vocational other settings; and identify, track, and toward achieving intended outcomes. Evaluation.htmwww.wwrc.net/ report the number of academic programs (h) Include in Appendix A the VocationalEvaluation.htm. that adopt the content, State VR following— agencies and related agencies that use (1) A logic model that depicts, at a Waiver of Proposed Rulemaking: the content to train VR professionals minimum, the goals, activities, outputs, Under the Administrative Procedure Act and paraprofessionals, and other and intended outcomes of the proposed (5 U.S.C. 553) the Department generally training entities that use the content to project; offers interested parties the opportunity train VR professionals and (2) A person-loading chart and to comment on proposed priorities and paraprofessionals. timeline, as applicable, to illustrate the requirements. Section 437(d)(1) of To address this requirement, the management plan described in the GEPA, however, allows the Secretary to applicant must— narrative; and exempt from rulemaking requirements (1) Describe the evaluation (3) A sustainability plan to ensure the regulations governing the first grant mechanism for assessing the quality of training will continue after Federal competition under a new or the training developed and the iterative funding ends. substantially revised program authority. process to be used for improving the Fourth and Fifth Years of the Project: This is the first grant competition for training based on evaluation outcomes; In deciding whether to continue funding this program under section 302 of the (2) Describe the approach, using pre- each Innovative Rehabilitation Training Rehabilitation Act (20 U.S.C. 772), and and post-assessments, for assessing the project for the fourth and fifth years, the therefore qualifies for this exemption. In level of knowledge, skills, and Department will consider the order to ensure timely grant awards, the competencies gained among requirements of 34 CFR 75.253(a). In Secretary has decided to forgo public participants; addition, as part of the review of the comment on the priority and (3) Describe the measures of progress application narrative and annual requirements under section 437(d)(1) of in implementation, including the extent performance reports, RSA will consider GEPA. This priority and these to which the proposed project’s the degree to which the program requirements will apply to the FY 2019 activities and products have been demonstrates substantial progress grant competition and any subsequent adopted by academic programs or used toward completing the tasks outlined in year in which we make awards from the by State VR agencies, related agencies, the priority, with particular emphasis list of unfunded applications from this and other training entities, and the on the quality, relevance, and competition. intended outcomes of the proposed usefulness of the grantee’s training Program Authority: 29 U.S.C. 709(c) project’s activities in order to evaluate program and activities, and the degree and 772. those activities and how well the goals to which the training program and and objectives of the proposed project, Applicable Regulations: (a) The activities and their outcomes have Education Department General as described in its logic model,3 have contributed to significantly improving been met; Administrative Regulations in 34 CFR the quality of VR professionals and parts 75, 77, 79, 81, 82, 84, 86, 97, 98, (4) Describe how the evaluation plan paraprofessionals employed in or ready will be implemented and revised, as and 99. (b) The Office of Management for employment in State VR agencies and Budget Guidelines to Agencies on needed, during the proposed project. and related agencies. The applicant must designate at least Governmentwide Debarment and one individual with sufficient dedicated References Suspension (Nonprocurement) in 2 CFR time, experience in evaluation, and part 180, as adopted and amended as 21–1015.00 Summary Report—Rehabilitation regulations of the Department in 2 CFR knowledge of the proposed project to Counselors. National Center for O*NET coordinate the design and Development. Rehabilitation Counselors. part 3485. (c) The Uniform implementation of the evaluation, (2018). Retrieved from https:// Administrative Requirements, Cost including designing instruments and www.onetonline.org/link/summary/21- Principles, and Audit Requirements for developing quantitative or qualitative 1015.00www.onetonline.org/link/ Federal Awards in 2 CFR part 200, as data collections that permit the summary/21-1015.00. adopted and amended as regulations of collection of progress data and Advancing Futures for Adults with Autism. the Department in 2 CFR part 3474. (d) (2014). Autism on the Rise. Retrieved assessment of project outcomes. This The regulations for this program in 34 from http://www.afaa-us.org/ CFR parts 385 and 387. aboutwww.afaa-us.org/about. 3 As defined in 34 CFR 77.1, ‘‘logic model’’ (also Bureau of Labor Statistics, U.S. Department Note: The regulations in 34 CFR part 79 referred to as a theory of action) means a framework of Labor, Occupational Outlook apply to all applicants except federally that identifies key project components of the Handbook, Rehabilitation Counselors. recognized Indian Tribes. proposed project (i.e., the active ‘‘ingredients’’ that are hypothesized to be critical to achieving the Retrieved from https://www.bls.gov/ooh/ relevant outcomes) and describes the theoretical community-and-social-service/ Note: The regulations in 34 CFR part 86 and operational relationships among the key project rehabilitation-counselors.htm. apply to institutions of higher education components and relevant outcomes. Centers for Disease Control and Prevention: (IHEs) only.

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II. Award Information organization’’ and ‘‘the relevance and 4. Funding Restrictions: We reference Type of Award: Discretionary grants. demonstrated commitment of each regulations outlining funding Estimated Available Funds: partner in the proposed project to the restrictions in the Applicable $2,700,000. implementation and success of the Regulations section of this notice. Contingent upon the availability of project,’’ which may include a 5. Recommended Page Limit: The funds and the quality of applications, consideration of demonstrated matching application narrative (Part III of the we may make additional awards in support. application) is where you, the applicant, subsequent years from the list of 3. Subgrantees: Under 34 CFR address the selection criteria that unfunded applications from this 75.708(b) and (c) a grantee under this reviewers use to evaluate your competition. competition may not award subgrants to application. We recommend that you (1) Estimated Range of Awards: entities to directly carry out project limit the application narrative to no $375,000–$450,000. activities described in its application. more than 45 pages and (2) use the Maximum Award: We will not make Under 34 CFR 75.708(e), a grantee may following standards: an award exceeding $450,000 for a contract for supplies, equipment, and • A ‘‘page’’ is 8.5″ x 11″, on one side single budget period of 12 months. other services in accordance with 2 CFR only, with 1″ margins at the top, bottom, Estimated Number of Awards: 6. part 200. and both sides. • Double space (no more than three Note: The Secretary intends to fund a total IV. Application and Submission lines per vertical inch) all text in the of six projects in FY 2019 including one Information project from each of the five identified topic application narrative, including titles, areas and one in the field-initiated area. As 1. Application Submission headings, footnotes, quotations, a result, the Secretary may fund applications Instructions: Applicants are required to references, and captions, as well as all out of rank order. follow the Common Instructions for text in charts, tables, figures, and Applicants to Department of Education graphs. Note: The Department is not bound by any • Use a font that is either 12 point or estimates in this notice. Discretionary Grant Programs, published in the Federal Register on larger or no smaller than 10 pitch (characters per inch). Note: Under 34 CFR 75.562(c), an indirect February 13, 2019 (84 FR 3768) and • cost reimbursement on a training grant is available at www.govinfo.gov/content/ Use one of the following fonts: limited to the recipient’s actual indirect pkg/FR-2019-02-13/pdf/2019-02206.pdf, Times New Roman, Courier, Courier costs, as determined by its negotiated which contain requirements and New, or Arial. indirect cost rate agreement, or 8 percent of information on how to submit an The recommended page limit does not a modified total direct cost base, whichever application. apply to Part I, the cover sheet; Part II, amount is less. Indirect costs in excess of the the budget section, including the 2. Submission of Proprietary limit may not be charged directly, used to narrative budget justification; Part IV, Information: Given the types of projects satisfy matching or cost-sharing the assurances and certifications; or the that may be proposed in applications for requirements, or charged to another Federal one-page abstract, the resumes, the award. the Rehabilitation Training: Innovative bibliography, or the letters of support. Rehabilitation Training Program, your Project Period: Up to 60 months. However, the recommended page limit application may include business does apply to all of the application III. Eligibility Information information that you consider narrative. proprietary. In 34 CFR 5.11 we define 1. Eligible Applicants: States and 6. Notice of Intent to Apply: The ‘‘business information’’ and describe the public or private nonprofit agencies and Department will be able to review grant process we use in determining whether organizations, including Indian Tribes applications more efficiently if we know any of that information is proprietary and IHEs. the approximate number of applicants and, thus, protected from disclosure 2. Cost Sharing or Matching: A that intend to apply. Therefore, we under Exemption 4 of the Freedom of grantee must contribute to the cost of a strongly encourage each potential Information Act (5 U.S.C. 552, as project under this program in an amount applicant to notify us of their intent to amended). satisfactory to the Secretary. The part of submit an application. To do so, please the costs to be borne by the grantee is Because we plan to make successful email the program contact person listed applications available to the public, you determined by the Secretary at the time under FOR FURTHER INFORMATION may wish to request confidentiality of of the grant award. For the purposes of CONTACT with the subject line ‘‘Intent to this competition, the grantee is required business information. Apply,’’ and include the applicant’s to contribute at least 10 percent of the Consistent with Executive Order name and a contact person’s name and total cost of the project under this 12600, please designate in your email address. Applicants that do not program. To calculate match, applicants application any information that you submit a notice of intent to apply may may use the match-calculator available believe is exempt from disclosure under still apply for funding; applicants that at: https://rsa.ed.gov/match- Exemption 4. In the appropriate do submit a notice of intent to apply are calculator.cfm. The Secretary does not, Appendix section of your application, not bound to apply or bound by the as a general matter, anticipate waiving under ‘‘Other Attachments Form,’’ information provided. this requirement in the future. please list the page number or numbers Furthermore, given the importance of on which we can find this information. V. Application Review Information matching funds to the long-term success For additional information please see 34 1. Selection Criteria: The selection of the project, eligible entities must CFR 5.11(c). criteria for this competition are from 34 identify appropriate matching funds in 3. Intergovernmental Review: This CFR 387.30 and 34 CFR 75.210, and are the proposed budget. Finally, the competition is subject to Executive as follows: selection criteria include factors such as Order 12372 and the regulations in 34 (a) Need for project and relevance to ‘‘the adequacy of support, including CFR part 79. However, under 34 CFR State-Federal rehabilitation service facilities, equipment, supplies, and 79.8(a), we waive intergovernmental program. (10 points) other resources, from the applicant review in order to make an award by the (1) The Secretary considers the need organization or the lead applicant end of FY 2019. for the proposed project.

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(2) In determining the need for the (d) Quality of project personnel. (15 (1) The Secretary considers the proposed project, the Secretary points) quality of the evaluation to be considers the extent to which the (1) The Secretary considers the conducted of the proposed project. proposed project will prepare personnel quality of the personnel who will carry (2) In determining the quality of the for fields in which shortages have been out the proposed project. evaluation, the Secretary considers the demonstrated. (2) In determining the quality of the following factors: (3) The Secretary reviews each project personnel, the Secretary (i) The extent to which the methods application for information that shows considers the extent to which the of evaluation are thorough, feasible, and that the proposed project appropriately applicant encourages applications for appropriate to the goals, objectives, and relates to the mission of the State- employment from persons who are outcomes of the proposed project. Federal rehabilitation service program. members of groups that have (ii) The extent to which the evaluation (4) The Secretary looks for traditionally been underrepresented will provide guidance about effective information that shows that the project based on race, color, national origin, strategies suitable for replication or can be expected either— gender, age, or disability. testing in other settings. (i) To increase the supply of trained (3) In addition, the Secretary (iii) The extent to which the methods personnel available to public and considers the following factors: of evaluation will provide performance private agencies involved in the (i) The qualifications, including feedback and permit periodic rehabilitation of individuals with relevant training and experience, of the assessment of progress toward achieving disabilities; or project director or principal intended outcomes. (ii) To maintain and improve the investigator. 2. Review and Selection Process: We skills and quality of rehabilitation (ii) The qualifications, including remind potential applicants that in personnel. relevant training and experience, of key reviewing applications in any (b) Quality of the project design. (25 project personnel. discretionary grant competition, the points) (e) Adequacy of resources and quality Secretary may consider, under 34 CFR (1) The Secretary considers the of management plan. (15 points) 75.217(d)(3), the past performance of the quality of the design of the proposed (1) The Secretary considers the applicant in carrying out a previous project. adequacy of resources for the proposed award, such as the applicant’s use of (2) In determining the quality of the project. funds, achievement of project design of the proposed project, the (2) In determining the adequacy of objectives, and compliance with grant resources for the proposed project, the Secretary considers the following conditions. The Secretary may also Secretary considers the following factors: consider whether the applicant failed to (i) The extent to which the goals, factors: submit a timely performance report or (i) The adequacy of support, including objectives, and outcomes to be achieved submitted a report of unacceptable facilities, equipment, supplies, and by the proposed project are clearly quality. other resources, from the applicant specified and measurable. In addition, in making a competitive organization or the lead applicant (ii) The extent to which performance grant award, the Secretary requires organization. feedback and continuous improvement various assurances, including those (ii) The relevance and demonstrated applicable to Federal civil rights laws are integral to the design of the commitment of each partner in the proposed project. that prohibit discrimination in programs proposed project to the implementation or activities receiving Federal financial (c) Quality of project services. (25 and success of the project. assistance from the Department (34 CFR points) (iii) The extent to which the costs are 100.4, 104.5, 106.4, 108.8, and 110.23). (1) The Secretary considers the reasonable in relation to the number of 3. Risk Assessment and Specific quality of the services to be provided by persons to be served and to the Conditions: Consistent with 2 CFR the proposed project. anticipated results and benefits. (2) In determining the quality of the (iv) The potential for the 200.205, before awarding grants under services to be provided by the proposed incorporation of project purposes, this competition the Department project, the Secretary considers the activities, or benefits into the ongoing conducts a review of the risks posed by quality and sufficiency of strategies for program of the agency or organization at applicants. Under 2 CFR 3474.10, the ensuring equal access and treatment for the end of the Federal funding. Secretary may impose specific eligible project participants who are (3) The Secretary considers the conditions and, in appropriate members of groups that have quality of the management plan for the circumstances, high-risk conditions on a traditionally been underrepresented proposed project. grant if the applicant or grantee is not based on race, color, national origin, (4) In determining the quality of the financially stable; has a history of gender, age, or disability. management plan for the proposed unsatisfactory performance; has a (3) In addition, the Secretary project, the Secretary considers the financial or other management system considers the following factors: following factors: that does not meet the standards in 2 (i) The extent to which the training or (i) The adequacy of the management CFR part 200, subpart D; has not professional development services to be plan to achieve the objectives of the fulfilled the conditions of a prior grant; provided by the proposed project are of proposed project on time and within or is otherwise not responsible. sufficient quality, intensity, and budget, including clearly defined 4. Integrity and Performance System: duration to lead to improvements in responsibilities, timelines, and If you are selected under this practice among the recipients of those milestones for accomplishing project competition to receive an award that services. tasks. over the course of the project period (ii) The extent to which the training (ii) The adequacy of procedures for may exceed the simplified acquisition or professional development services to ensuring feedback and continuous threshold (currently $250,000), under 2 be provided by the proposed project are improvement in the operation of the CFR 200.205(a)(2) we must make a likely to alleviate the personnel proposed project. judgment about your integrity, business shortages that have been identified or (f) Quality of project evaluation. (10 ethics, and record of performance under are the focus of the proposed project. points) Federal awards—that is, the risk posed

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by you as an applicant—before we make disseminate these public grant (a) Program activities that occurred an award. In doing so, we must consider deliverables. This dissemination plan during each fiscal year from October 1 any information about you that is in the can be developed and submitted after to March 31 and projected program integrity and performance system your application has been reviewed and activities to occur from April 1 to (currently referred to as the Federal selected for funding. For additional September 30 should be included in the Awardee Performance and Integrity information on the open licensing semiannual performance report. Information System (FAPIIS)), requirements please refer to 2 CFR (b) Program activities that occur accessible through the System for 3474.20. during years 2–5 from October 1 to Award Management. You may review 4. Reporting: (a) If you apply for a September 30 should be included in the and comment on any information about grant under this competition, you must annual performance report. yourself that a Federal agency ensure that you have in place the previously entered and that is currently necessary processes and systems to Annual project progress toward meeting in FAPIIS. comply with the reporting requirements project goals must be posted on the Please note that, if the total value of in 2 CFR part 170 should you receive project website or university website. your currently active grants, cooperative funding under the competition. This 6. Continuation Awards: In making a agreements, and procurement contracts does not apply if you have an exception continuation award under 34 CFR from the Federal Government exceeds under 2 CFR 170.110(b). 75.253, the Secretary considers, among $10,000,000, the reporting requirements (b) At the end of your project period, other things: Whether a grantee has in 2 CFR part 200, Appendix XII, you must submit a final performance made substantial progress in achieving require you to report certain integrity report, including financial information, the goals and objectives of the project; information to FAPIIS semiannually. as directed by the Secretary. If you whether the grantee has expended funds Please review the requirements in 2 CFR receive a multiyear award, you must in a manner that is consistent with its part 200, Appendix XII, if this grant submit semiannual and annual approved application and budget; and, plus all the other Federal funds you performance reports that provide the if the Secretary has established receive exceed $10,000,000. most current performance and financial performance measurement VI. Award Administration Information expenditure information as directed by requirements, the performance targets in the Secretary under 34 CFR 75.118. The 1. Award Notices: If your application the grantee’s approved application. Secretary may also require more is successful, we notify your U.S. In making a continuation award, the frequent performance reports under 34 Representative and U.S. Senators and Secretary also considers whether the CFR 75.720(c). For specific send you a Grant Award Notification grantee is operating in compliance with requirements on reporting, please go to (GAN); or we may send you an email the assurances in its approved www.ed.gov/fund/grant/apply/ containing a link to access an electronic application, including those applicable appforms/appforms.html. version of your GAN. We may notify to Federal civil rights laws that prohibit 5. Performance Measures: The you informally, also. discrimination in programs or activities If your application is not evaluated or Government Performance and Results receiving Federal financial assistance not selected for funding, we notify you. Act of 1993 (GPRA) directs Federal from the Department (34 CFR 100.4, 2. Administrative and National Policy departments and agencies to improve 104.5, 106.4, 108.8, and 110.23). Requirements: We identify the effectiveness of their programs by administrative and national policy engaging in strategic planning, setting VII. Other Information outcome-related goals for programs, and requirements in the application package Accessible Format: Individuals with and reference these and other measuring program results against those goals. disabilities can obtain this document requirements in the Applicable and a copy of the application package in Regulations section of this notice. The performance measures for this program are as follows: an accessible format (e.g., braille, large We reference the regulations outlining print, audiotape, or compact disc) on (1) The number of individuals the terms and conditions of an award in request to the program contact person enrolled in the Innovative the Applicable Regulations section of listed under FOR FURTHER INFORMATION Rehabilitation Training program, by this notice and include these and other CONTACT. specific conditions in the GAN. The cohort, during the reporting period. GAN also incorporates your approved (2) The number and percentage of Electronic Access to This Document: application as part of your binding individuals who successfully completed The official version of this document is commitments under the grant. the Innovative Rehabilitation Training the document published in the Federal 3. Open Licensing Requirements: program, by cohort, during the reporting Register. You may access the official Unless an exception applies, if you are period. edition of the Federal Register and the awarded a grant under this competition, The GPRA measures are as follows: Code of Federal Regulations at you will be required to openly license (1) The quality of the training www.govinfo.gov. At this site you can to the public grant deliverables created developed, as measured by a panel of view this document, as well as all other in whole, or in part, with Department VR agencies. documents of this Department grant funds. When the deliverable (2) The relevance of the training published in the Federal Register, in consists of modifications to pre-existing developed, as measured by a panel of text or Portable Document Format works, the license extends only to those VR agencies. (PDF). To use PDF you must have modifications that can be separately (3) The usefulness of the training Adobe Acrobat Reader, which is identified and only to the extent that developed, as measured by a panel of available free at the site. open licensing is permitted under the VR agencies. You may also access documents of the terms of any licenses or other legal Innovative Rehabilitation Training Department published in the Federal restrictions on the use of pre-existing program grantees must submit the Register by using the article search works. Additionally, a grantee or following quantitative and qualitative feature at www.federalregister.gov. subgrantee that is awarded competitive data in a semiannual and annual Specifically, through the advanced grant funds must have a plan to performance report: search feature at this site, you can limit

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your search to documents published by Pre-Application Webinar Information: Mentally Ill (84.129H), Rehabilitation of the Department. No later than July 10, 2019, OSERS will Individuals Who Are Blind or Have post pre-recorded informational Vision Impairments (84.129P), and Johnny W. Collett, webinars designed to provide technical Rehabilitation of Individuals Who Are Assistant Secretary for Special Education and assistance to interested applicants. The Deaf or Hard of Hearing (84.129Q). Rehabilitative Services. webinars will be available at Projects must be operated in a manner [FR Doc. 2019–14272 Filed 7–3–19; 8:45 am] www2.ed.gov/fund/grant/apply/rsa/ consistent with nondiscrimination BILLING CODE 4000–01–P new-rsa-grants.html. requirements contained in the U.S. Pre-Application Q&A Blog: No later Constitution and the Federal civil rights laws. DEPARTMENT OF EDUCATION than July 15, 2019, OSERS will open a blog where interested applicants may Priorities: This notice includes two Applications for New Awards; post questions about the application absolute priorities. Applicants for Rehabilitation Training: Rehabilitation requirements for this competition and funding under CFDA number 84.129B Long-Term Training Program— where OSERS will post answers to the (Rehabilitation Counseling) must meet Vocational Rehabilitation Counseling questions received. OSERS will not Absolute Priority 1, and applicants for and Rehabilitation Training: respond to questions unrelated to the 84.129H (Rehabilitation of Individuals Rehabilitation Long-Term Training application requirements for this Who Are Mentally Ill), 84.129P Program—Rehabilitation Specialty competition. The blog will be available (Rehabilitation of Individuals Who Are Areas at www2.ed.gov/fund/grant/apply/rsa/ Blind or Have Vision Impairments), and new-rsa-grants.html and will remain 84.129Q (Rehabilitation of Individuals AGENCY: Office of Special Education and open until July 24, 2019. After the blog Who Are Deaf or Hard of Hearing) must Rehabilitative Services, Department of closes, applicants should direct meet Absolute Priority 2. Absolute Education. questions to the person listed under FOR Priority 1 is from the notice of final ACTION: Notice. FURTHER INFORMATION CONTACT. priority for this program published in the Federal Register on November 5, SUMMARY: The mission of the Office of ADDRESSES: For the addresses for obtaining and submitting an 2013 (78 FR 66271) (www.govinfo.gov/ Special Education and Rehabilitative content/pkg/FR-2013-11-05/pdf/2013- Services (OSERS) is to improve early application, please refer to our Common Instructions for Applicants to 26500.pdf), and Absolute Priority 2 is childhood, educational, and from the notice of final priority employment outcomes and raise Department of Education Discretionary Grant Programs, published in the published in the Federal Register on expectations for all people with July 23, 2014 (79 FR 42680) disabilities, their families, their Federal Register on February 13, 2019 (84 FR 3768) and available at (www.govinfo.gov/content/pkg/FR-2014- communities, and the Nation. The 07-23/pdf/2014-17370.pdf). Department of Education (Department) www.govinfo.gov/content/pkg/FR-2019- 02-13/pdf/2019-02206.pdf. Absolute Priorities: For FY 2019, and is issuing a notice inviting applications any subsequent year in which we make FOR FURTHER INFORMATION CONTACT: for fiscal year (FY) 2019 for four awards from the list of unfunded separate competitions under the Cassandra P. Shoffler, U.S. Department applications from this competition, Rehabilitation Long-Term Training of Education, 400 Maryland Avenue these priorities are absolute priorities. Program, Catalog of Federal Domestic SW, Room 5122, Potomac Center Plaza, Under 34 CFR 75.105(c)(3) we consider Assistance (CFDA) numbers 84.129B, Washington, DC 20202–2800. only applications that meet these 84.129H, 84.129P, and 84.129Q. The Telephone: (202) 245–7827. Email: priorities. Long-Term Training Program will [email protected]. These priorities are: provide training in Rehabilitation If you use a telecommunications Absolute Priority 1: Vocational Counseling (84.129B), Rehabilitation of device for the deaf (TDD) or a text Rehabilitation Counseling. Individuals Who Are Mentally Ill telephone (TTY), call the Federal Relay Under this priority, the Department (84.129H), Rehabilitation of Individuals Service (FRS), toll free, at 1–800–877– funds programs leading to a master’s Who Are Blind or Have Vision 8339. degree in VR counseling. The goal of Impairments (84.129P), and SUPPLEMENTARY INFORMATION: this priority is to increase the skills of Rehabilitation of Individuals Who Are VR counseling scholars so that upon Deaf or Hard of Hearing (84.129Q). Full Text of Announcement successful completion they are prepared Projects funded under any of these I. Funding Opportunity Description to effectively meet the needs and Rehabilitation Long-Term Training demands of consumers with disabilities competitions must meet rigorous Note: This notice invites applications for and employers. standards in order to provide four separate competitions. For funding Under this priority, applicants must: rehabilitation professionals the information regarding each of the four (a) Provide data on the current and knowledge, skills, and qualifications competitions, refer to the chart under Award projected employment needs and necessary to meet the current challenges Information in section II of this notice. personnel shortages in State VR facing State vocational rehabilitation Purpose of Program: The agencies and other related agencies as (VR) agencies and related agencies and Rehabilitation Long-Term Training defined in 34 CFR 386.4 in their local to assist youth and adults with Program is designed to support projects area, region, and State, and describe disabilities in achieving competitive that provide academic training in areas how the proposed program will address integrated employment outcomes and of personnel shortages identified by the those employment needs and personnel independent living. This notice relates Secretary to increase the number of shortages. to the approved information collection personnel trained in providing VR (b) Describe how the VR counseling under OMB control number 1820–0018. services to individuals with disabilities. program will provide rehabilitation DATES: In FY 2019, the Department plans to counselors the skills and knowledge Applications Available: July 5, 2019. make awards in four areas: that will help ensure that the Deadline for Transmittal of Rehabilitation Counseling (84.129B), individuals with disabilities that they Applications: August 5, 2019. Rehabilitation of Individuals Who Are serve can meet current demands and

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emerging trends in the labor market, (4) Provide academic support and providers that will promote qualifying including how: counseling to scholars throughout the employment opportunities for scholars (1) The curriculum provides a breadth course of the academic program to and formalized on-boarding and of knowledge, experience, and rigor that ensure successful completion; induction experiences for new hires; will adequately prepare scholars to meet (5) Ensure that all scholars complete (2) Formal opportunities for scholars the employment needs and goals of VR an internship in a State VR agency as a to obtain work experiences through consumers and aligns with evidence- requirement for program completion. In internships, practicum agreements, job based practices and with competency- such cases where an applicant can shadowing, and mentoring based skills (e.g., advanced counseling provide sufficient justification that it is opportunities; and skills, critical thinking skills, and skills not feasible for all students receiving (3) A scholar internship assessment in building collaborative relationships) scholarships to meet this requirement, tool that is developed to ensure a in the field of VR counseling; the applicant may require scholars to consistent approach to the evaluation of (2) The curriculum prepares scholars complete an internship in a State VR scholars in a particular program. The to meet all applicable certification agency or a related agency, as defined in tool should reflect the specific standards; 34 CFR 386.4. Circumstances that would responsibilities of the scholar during the (3) The curriculum addresses new or constitute sufficient justification may internship. The grantee and worksite emerging consumer employment needs include, but are not limited to, a lack of supervisor are encouraged to work or trends at the national, State, and capacity at the State VR agency to together as they see fit to develop the regional levels; provide adequate supervision of assessment tool. Supervisors at the (4) The curriculum teaches scholars to scholars during their internship internship site will complete the address the needs of individuals with a experience or the physical distance assessment detailing the scholar’s range of disabilities and individuals between scholars and the nearest office strengths and areas for improvement with disabilities who are from diverse of the State VR agency (e.g., for scholars that must be addressed and provide the cultural backgrounds; enrolled in distance-learning programs results of the assessment to the grantee. (5) The curriculum will train scholars or at rural institutions). Applicants The grantee should ensure that (A) to recognize the assistive technology should include written justification in scholars are provided with a copy of the needs of consumers throughout the the application or provide it to assessment and all relevant rubrics prior rehabilitation process so that they will Rehabilitation Services Administration to beginning their internship, (B) be better able to coordinate the (RSA) for review and approval by the supervisors have sufficient technical provision of appropriate assistive appropriate RSA Project Officer no later support to accurately complete the technology services and devices in order than 30 days prior to a scholar assessment, and (C) scholars receive a to assist the consumer to obtain and beginning an internship in a related copy of the results of the assessment retain employment; agency; within 90 days of the end of their (6) The curriculum will teach scholars (6) Provide career counseling, internship. to work effectively with employers in including informing scholars of (e) Describe how scholars will be today’s economy, including by teaching professional contacts and networks, job evaluated throughout the entire program strategies for developing relationships leads, and other necessary resources and to ensure that they are proficient in with employers in their State and local information to support scholars in meeting the needs and demands of areas, identifying employer needs and successfully obtaining and retaining today’s consumers and employers, skill demands, making initial employer qualifying employment; including the steps that will be taken to contacts, presenting job-ready clients to (7) Maintain regular contact with provide assistance to a scholar who is potential employers, and conducting scholars upon successful program not meeting academic standards or who follow-up with employers; and completion (e.g., matching scholars with is performing poorly in a practicum or (7) The latest technology is mentors in the field), to ensure that they internship setting. incorporated into the methods of have support during their search for (f) Describe how the program will be instruction (e.g., the use of distance qualifying employment as well as evaluated. Such a description must education to reach scholars who live far support during the initial months of include: from the university and the use of their employment; (1) How the program will determine technology to acquire labor market (8) Maintain regular communication its effect over a period of time on filling information). with scholars after program exit to vacancies in the State VR agency with (c) Describe their methods to: ensure that scholar contact information qualified counselors capable of (1) Recruit highly capable prospective is up-to-date and that documentation of providing quality services to consumers; scholars who have the potential to employment is accurate and meets the (2) How input from State VR agencies successfully complete the academic regulatory requirements for qualifying and community-based rehabilitation program, all required practicum and employment; and service providers will be included in the internship experiences, and the required (9) Maintain accurate information on, evaluation; service obligation; while safeguarding the privacy of, (3) How feedback from consumers of (2) Educate potential scholars about current and former scholars from the VR services and employers (including the terms and conditions of the service time they are enrolled in the program the assessments described in paragraph obligation under 34 CFR 386.4, 386.34, until they successfully meet their (d)(3)) will be included in the and 386.40 through 386.43 so that they service obligation. evaluation; will be fully informed before accepting (d) Describe a plan for developing and (4) How data from other sources, such a scholarship; maintaining partnerships with State VR as those from the Department, on the (3) Maintain a system that ensures agencies and community-based State VR program will be included in that scholars sign a payback agreement rehabilitation service providers that the evaluation; and and an exit form when they exit the includes: (5) How the data and results from the program, regardless of whether they (1) Coordination between the grantee evaluation will be used to make drop out, are removed, or successfully and the State VR agencies and necessary adjustments and complete the program; community-based rehabilitation service improvements to the program.

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Absolute Priority 2: Rehabilitation skill demands, making initial employer or a related agency is waived unless the Specialty Areas. contacts, presenting job-ready clients to certificate program has an internship Under this priority, the Department potential employers, and conducting requirement; funds programs leading to a master’s follow-up with employers; and (6) Provide career counseling, degree or certificate in one of three (7) The latest technology is including informing scholars of specialty areas: (1) Rehabilitation of incorporated into the methods of professional contacts and networks, job Individuals Who Are Mentally Ill; (2) instruction (e.g., the use of distance leads, and other necessary resources and Specialized Personnel for Rehabilitation education to reach scholars who live far information to support scholars in of Individuals Who Are Blind or Have from the university and the use of successfully obtaining and retaining Vision Impairments; and (3) technology to acquire labor market qualifying employment; Rehabilitation of Individuals Who Are information). (7) Maintain regular contact with Deaf or Hard of Hearing. The goal of this (c) Describe their methods to: scholars upon successful program priority is to increase the skills of (1) Recruit highly capable prospective completion to ensure that they have scholars in these rehabilitation specialty scholars who have the potential to support during their search for areas so that, upon successful successfully complete the academic qualifying employment as well as completion of their master’s degree or program, all required practicum and support during the initial months of certificate programs, they are prepared internship experiences, and the required their employment (e.g., by matching to effectively meet the needs and service obligation; scholars with mentors in the field); demands of consumers with disabilities. (2) Educate potential scholars about (8) Maintain regular communication Under this priority, applicants must: the terms and conditions of the service with scholars after program exit to (a) Provide data on the current and obligation under 34 CFR 386.4, 386.34, ensure that their contact information is projected employment needs and and 386.40 through 386.43 so that they current and that documentation of personnel shortages in the specialty area will be fully informed before accepting employment is accurate and meets the in State VR agencies and other related a scholarship; regulatory requirements for qualifying agencies as defined in 34 CFR 386.4 in (3) Maintain a system that ensures employment; and their local area, region, and State, and that scholars sign a payback agreement (9) Maintain accurate information on, describe how the proposed program will and an exit form when they exit the while safeguarding the privacy of, address those employment needs and program, regardless of whether they current and former scholars from the personnel shortages. drop out, are removed, or successfully time they are enrolled in the program (b) Describe how the proposed complete the program; until they successfully meet their program will provide rehabilitation (4) Provide academic support and service obligation. professionals with the skills and counseling to scholars throughout the (d) Describe a plan for developing and knowledge that will help ensure that the course of the academic program to maintaining partnerships with State VR individuals with disabilities whom they ensure successful completion; agencies and community-based (5) Ensure that all scholars complete serve can meet current demands and rehabilitation service providers that an internship in a State VR agency or a emerging trends in the labor market, includes: related agency as a requirement for including how: (1) Coordination between the grantee (1) The curriculum provides a breadth completion of a program leading to a and the State VR agencies and of knowledge, experience, and rigor that master’s degree. The internship must be community-based rehabilitation service will adequately prepare scholars to meet in a State VR agency unless the VR providers that will promote qualifying the employment needs and goals of VR agency does not directly perform work employment opportunities for scholars consumers and aligns with evidence- related to the scholar’s course of study and formalized on-boarding and based and competency-based practices or an applicant can provide sufficient induction experiences for new hires; in the rehabilitation specialty area; justification that it is not feasible for all (2) Formal opportunities for scholars (2) The curriculum prepares scholars students receiving scholarships to to obtain work experiences through to meet all applicable certification complete an internship in a State VR internships, practicum agreements, job standards; agency. In such cases, the applicant may shadowing, and mentoring (3) The curriculum addresses new or require scholars to complete an opportunities; and emerging consumer needs or trends at internship in a related agency, as (3) When applicable, a scholar the national, State, and regional levels defined in 34 CFR 386.4. Circumstances internship assessment tool that is in the rehabilitation specialty area; that would constitute sufficient developed to ensure a consistent (4) The curriculum teaches scholars to justification may include, but are not approach to the evaluation of scholars address the needs of individuals with limited to, a lack of capacity at the State in a particular program. The tool should disabilities who are from diverse VR agency to provide adequate reflect the specific responsibilities of the cultural backgrounds; supervision of scholars during their scholar during the internship. The (5) The curriculum trains scholars to internship experience and the physical grantee and worksite supervisor are assess the assistive technology needs of distance between scholars and the encouraged to work together as they see consumers, identify the most nearest office of the State VR agency fit to develop the assessment tool. appropriate assistive technology (e.g., for scholars enrolled in distance- Supervisors at the internship site will services and devices for assisting learning programs or at rural complete the assessment detailing the consumers to obtain and retain institutions). Applicants should include scholar’s strengths and areas for employment, and train consumers to a written justification in the application improvement that must be addressed use such technology; or provide it to RSA for review and and provide the results of the (6) The curriculum teaches scholars to approval by the appropriate RSA Project assessment to the grantee. The grantee work with employers effectively in Officer no later than 30 days prior to a should ensure that (i) scholars are today’s economy, including by teaching scholar beginning an internship in a provided with a copy of the assessment strategies for developing relationships related agency. For applicants proposing and all relevant rubrics prior to with employers in their State and local a certificate program, the requirement beginning their internship, (ii) areas, identifying employer needs and for an internship in a State VR agency supervisors have sufficient technical

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support to accurately complete the time they are enrolled in the program confirmation of full-time or part-time assessment, and (iii) scholars receive a until they successfully meet their employment (if the scholar is working copy of the results of the assessment service obligation through qualified part-time the number of hours per week within 90 days of the end of their employment or monetary repayment. must be included in the internship. This system must ensure that the documentation), type of employment, (e) Describe how scholars will be payback agreement is signed by each and a description of the roles and evaluated throughout the entire program scholar prior to the disbursement of responsibilities performed on the job. to ensure that they are proficient in initial funds and for each subsequent This information is required for each meeting the needs and demands of year that funds are disbursed and employer if the scholar has worked in today’s consumers and employers, contain the terms and conditions more than one setting in order to meet including the steps that will be taken to outlined in the regulations at 34 CFR the service obligation. provide assistance to a scholar who is part 386. (g) If the scholar is employed in a not meeting academic standards or who Each grantee must— related agency, documentation to is performing poorly in a practicum or (a) Provide an original signed/ validate that there is a relationship internship setting. executed payback agreement to RSA (34 between the related agency and the (f) Describe how the program will be CFR 386.34(c) and (d)), regardless of State VR agency. This may be a formal evaluated. Such a description must whether the scholars drop out, are or informal contract, cooperative include: removed, or successfully complete the agreement, memorandum of (1) How the program will determine program; understanding, or related document. its effect over a period of time on filling (b) Establish, publish, and apply (h) Annual documentation from the vacancies in the State VR agency with reasonable standards for measuring scholar’s institution of higher education qualified rehabilitation professionals whether a scholar is maintaining to verify dates of deferral, if applicable. capable of providing quality services to satisfactory progress in the scholar’s An educational deferral may be granted consumers; program of study (34 CFR 386.34(e)); to the scholar who is pursuing higher (2) How input from State VR agencies (c) Ensure exit certification forms are education specifically in the field of and community-based rehabilitation signed by each scholar and clearly rehabilitation but not to a scholar service providers will be included in the delineate pertinent grant information pursuing education in any other field of evaluation; and the scholar’s responsibilities to study (§ 386.41(b)(1)). The (3) How feedback from consumers of meet the service obligation (34 CFR documentation may be prepared by the VR services and employers (including 386.34(f)); scholar’s advisor or department chair the assessments described in paragraph (d) Collect documentation that the and must include: Confirmation of (d)(3)) will be included in the employment, not including work enrollment date, estimated graduation evaluation; completed as part of an internship, date, confirmation that the scholar is (4) How data from other sources, such practicum, or other work-related enrolled in a full-time course of study, as those from the Department on the requirement necessary to complete the and confirmation of the scholar’s intent State VR program, will be included in educational program (34 CFR to fulfill the service obligation upon the evaluation; and 386.34(g)(2)), meets the requirements of completion of the program. (5) How the data and results from the 34 CFR 386.40(a)(7); and Grantees are required to report evaluation will be used to make (e) Maintain payback records for not annually to RSA on the data elements necessary adjustments and less than one year beyond the period described above using the RSA Grantee improvements to the program. when all scholars have completed their Reporting Form, OMB number 1820– Within these two absolute priorities, service obligation or entered into 0617, an electronic reporting system we are particularly interested in repayment. (34 CFR 386.34(g) and 34 supported by the RSA Payback applications that address the following CFR 386.34(j)). Information Management System invitational priority. Specifically, each grantee is required (PIMS). In addition, grantees must use Invitational Priority: Under 34 CFR to maintain the following scholar all forms required by RSA to prepare 75.105(c)(1) we do not give an information: and process repayment, as well as application that meets this invitational (a) Current contact information for all requests for deferral and exceptions. priority a competitive or absolute students receiving scholarships, The RSA Grantee Reporting Form preference over other applications. including home address, email, and a collects specific data, including the This priority is: phone number (home or cell). number of scholars entering the Invitational Priority—Self- (b) A point of contact for each scholar rehabilitation workforce, the Employment, Business Ownership, and in the event that the grantee is unable rehabilitation field each scholar enters, Telecommuting: to contact the student. This contact and the type of employment setting each Applications that demonstrate must be at least 21 years of age and may scholar chooses (e.g., State VR agency, through curriculum and instructional be a parent, relative, spouse, partner, nonprofit service provider, or materials that the training to VR sibling, or guardian. professional practice group). This form counselors includes information related (c) Cumulative financial support allows RSA to measure results against providing VR services to individuals granted to scholars. the goal of increasing the number of with disabilities pursuing self- (d) Scholar debt in years. qualified VR personnel working in State employment, business ownership, and (e) Program completion date and VR and related agencies. telecommuting. reason for exit for each scholar. Grantees are required to inform the Program Requirements: The program (f) Annual documentation from the scholars that upon graduation they will requirements for this competition are scholar’s employer(s) until the scholar need to verify the accuracy of data in from 34 CFR part 386, and are as completes the service obligation. This the system, submit employment data, follows: documentation must include the request exceptions and deferrals, and Grantees are required to maintain a following elements in order to verify upload documentation in PIMS; and system that safeguards the privacy of qualified employment: Start date of grantees and scholars are required to current and former scholars from the employment to the present date, inform the employers that they will be

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required to verify scholar employment the needs and demands of today’s Requirements, Cost Principles, and information within the PIMS. consumers and employers. Audit Requirements for Federal In addition, all Rehabilitation Long- (i) Number of scholars who began an Awards,’’ and the Education Term Training grantees must submit the internship during the reporting period. Department General Administrative following quantitative and qualitative (j) Number of scholars who completed Regulations; and data in a semiannual and annual an internship during the reporting (c) The quality, relevance, and performance report: period. usefulness of the grantee’s training (a) Program activities that occurred (k) Number of scholars who dropped program and activities and the degree to during each fiscal year from October 1 out or were dismissed from the program which the training program and to March 31 and projected program during the reporting period. activities and their outcomes have activities to occur from April 1 to (l) Number of scholars receiving RSA contributed to significantly improving September 30 should be included in the scholarships during the reporting the quality of VR professionals ready for semiannual performance report. period. employment with State VR agencies and Program activities that occur during (m) Number of scholars who related agencies, as measured by the each fiscal year from October 1 to graduated from the program during the percentage of students entering September 30 must be included in the reporting period. qualified employment under 34 CFR (n) Number of scholars who obtained annual performance report. For 386.34. qualifying employment during the subsequent reporting years, grantees Note: While applicants may not hire reporting period. staff or select trainees based on race or confirm projections made from the prior (o) Number of vacancies filled in the year. national origin or ethnicity, they may State VR agency with qualified conduct outreach activities to increase (b) Summary of academic support and counselors from the program during the counseling provided to scholars to the pool of eligible minority candidates. reporting period. We may disqualify and not consider for ensure successful completion. (p) A budget and narrative detailing (c) Summary of career counseling funding any applicant that indicates expenditures covering the period of that it will hire or train a certain number provided to scholars upon program October 1 through March 31 and completion to ensure that they have or percentage of minority candidates. projected expenditures from April 1 Program Authority: 29 U.S.C. 772. support during their search for through September 30. The budget qualifying employment, as well as Applicable Regulations: (a) The narrative must also verify progress Education Department General during their initial months of their towards meeting the 10 percent match employment. This may include but is Administrative Regulations in 34 CFR requirement. For subsequent reporting parts 75, 77, 79, 81, 82, 84, 86, 97, 98, not limited to informing scholars of years, grantees will confirm projections professional contacts, networks, and job and 99. (b) The Office of Management made from the prior year. and Budget Guidelines to Agencies on leads, matching scholars with mentors (q) Other information, as requested by in the field, and connecting scholars to Governmentwide Debarment and RSA, in order to verify substantial Suspension (Nonprocurement) in 2 CFR other necessary resources and progress and effectively report program information. part 180, as adopted and amended as impact to Congress and key regulations of the Department in 2 CFR (d) Summary of partnership and stakeholders. coordination activities with State VR part 3485. (c) The Uniform Fourth and Fifth Years of the Project: Administrative Requirements, Cost agencies and community-based In deciding whether to continue funding rehabilitation providers. This may Principles, and Audit Requirements for any Rehabilitation Long-Term Training Federal Awards in 2 CFR part 200, as include, but is not limited to, obtaining grant for the fourth and fifth years, the input and feedback regarding curricula adopted and amended as regulations of Department will consider the the Department in 2 CFR part 3474. (d) from State VR agencies and community- requirements of 34 CFR 75.253(a), based rehabilitation providers; The regulations for this program in 34 including: CFR parts 385 and 386. (e) The notices organizing internships, practicum (a) The recommendation of the RSA of final priority, published in the agreements, job shadowing, and project officer who will monitor the Federal Register on November 5, 2013 mentoring opportunities; and assessing reported annual performance of the (78 FR 66271) and on July 23, 2014 (79 scholars at the work site. grantee’s training program and measure (e) Assistance provided to scholars FR 42680). it against the projections stated in the Note: The regulations in 34 CFR part who may not be meeting academic grantee’s application. This review will 79 apply to all applicants except standards or who are performing poorly consider the number of students federally recognized Indian Tribes. in a practicum or internship setting. actually enrolled in the grantee’s Note: The regulations in 34 CFR part (f) Results of the program evaluation, training program, the number of 86 apply to institutions of higher as well as information describing how students who successfully enter education only. these results will be used to make qualifying employment with the State necessary adjustments and VR agencies, and the number who II. Award Information improvements to the program. obtain qualifying employment at other Type of Award: Discretionary grants. (g) Results from scholar internship, related agencies; Estimated Available Funds: practicum, job shadowing, or mentoring (b) The timeliness and effectiveness $9,291,703. assessments, as well as information with which all requirements of the grant Contingent upon the availability of describing how those results will be award have been or are being met by the funds and the quality of applications, used to ensure that future scholars grantee, including the submission of we may make additional awards in receive all necessary preparation and annual performance reports and annual subsequent years from the list of training prior to program completion. RSA Scholar Payback Program reports, unfunded applications from this (h) Results from scholar evaluations and adherence to fiduciary competition. and information describing how these responsibilities related to the budget Estimated Average Size of Awards: results will be used to ensure that future submitted in the application per 2 CFR See chart. scholars will be proficient in meeting part 200, ‘‘Uniform Administrative Maximum Award: See chart.

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Note: The Department is not bound by Project Period: See chart. any estimates in this notice.

REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING PROGRAM—VOCATIONAL REHABILITATION COUNSELING AND REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING PROGRAM—REHABILITATION SPECIALTY AREAS [Application notice for fiscal year 2019]

Maximum Estimated award Project CFDA No. and name number of (budget period period For further information contact awards of 12 months) 1

84.129B Long-Term Training—Rehabilitation 30 $200,000 Up to 60 Cassandra Shoffler, 202–245–7827, Cas- Counseling. months. [email protected], PCP, Room 5122. 84.129H Long-Term Training—Mental Illness 12 150,000 Up to 60 Darryl Glover, 202–245–7339, months. [email protected], PCP, Room 5070C. 84.129P Long-Term Training—Blindness ...... 9 150,000 Up to 60 Karen Holliday, 202–245–7318, months. [email protected], PCP, Room 5090. 84.129Q Long-Term Training—Deafness ...... 2 150,000 Up to 60 Cassandra Shoffler, 202–245–7827, Cas- months. [email protected], PCP, Room 5122. 1 We will not make an award exceeding $200,000 for a single budget period of 12 months for 84.129B or $150,000 for a single budget period of 12 months for 84.129H, 84.129P, and 84.129Q.

III. Eligibility Information in excess of the limit may not be Exemption 4. In the appropriate 1. Eligible Applicants: States and charged directly, used to satisfy Appendix section of your application, public or private nonprofit agencies and matching or cost-sharing requirements, under ‘‘Other Attachments Form,’’ organizations, including Indian Tribes or charged to another Federal award. please list the page number or numbers on which we can find this information. and institutions of higher education. IV. Application and Submission For additional information please see 34 2. Cost Sharing or Matching: Cost Information sharing of at least 10 percent of the total CFR 5.11(c). cost of the project is required of grantees 1. Application Submission 3. Intergovernmental Review: This under the Rehabilitation Long-Term Instructions: Applicants are required to competition is subject to Executive Training Program. The Secretary may follow the Common Instructions for Order 12372 and the regulations in 34 waive part of the non-Federal share of Applicants to Department of Education CFR part 79. However, under 34 CFR the cost of the project after negotiations Discretionary Grant Programs, 79.8(a), we waive intergovernmental if the applicant demonstrates that it published in the Federal Register on review in order to make an award by the does not have sufficient resources to February 13, 2019 (84 FR 3768) and end of FY 2019. contribute the entire match (34 CFR available at https://www.govinfo.gov/ 4. Funding Restrictions: We reference 386.30). The Secretary does not, as a content/pkg/FR-2019-02-13/pdf/2019- regulations outlining funding general matter, anticipate waiving this 02206.pdf, which contain requirements restrictions in the Applicable requirement in the future. Furthermore, and information on how to submit an Regulations section of this notice. given the importance of matching funds application. 5. Recommended Page Limit: The to the long-term success of the project, 2. Submission of Proprietary application narrative (Part III of the eligible entities must identify Information: Given the types of projects application) is where you, the applicant, appropriate matching funds in the that may be proposed in applications for address the selection criteria that proposed budget. Finally, the selection the Rehabilitation Training: reviewers use to evaluate your criteria include factors such as ‘‘the Rehabilitation Long-Term Training application. We recommend that you (1) adequacy of support, including competition, your application may limit the application narrative to no facilities, equipment, supplies, and include business information that you more than 45 pages and (2) use the other resources, from the applicant consider proprietary. In 34 CFR 5.11 we following standards: organization or the lead applicant define ‘‘business information’’ and • A ‘‘page’’ is 8.5″ x 11″, on one side organization’’ and ‘‘the relevance and describe the process we use in only, with 1″ margins at the top, bottom, demonstrated commitment of each determining whether any of that and both sides. partner in the proposed project to the information is proprietary and, thus, • Double space (no more than three implementation and success of the protected from disclosure under lines per vertical inch) all text in the project,’’ which may include a Exemption 4 of the Freedom of application narrative, including titles, consideration of demonstrated matching Information Act (5 U.S.C. 552, as headings, footnotes, quotations, support. amended). references, and captions, as well as all Note: Under 34 CFR 75.562(c), an Because we plan to make successful text in charts, tables, figures, and indirect cost reimbursement on a applications available to the public, you graphs. training grant is limited to the may wish to request confidentiality of • Use a font that is either 12 point or recipient’s actual indirect costs, as business information. larger or no smaller than 10 pitch determined by its negotiated indirect Consistent with Executive Order (characters per inch). cost rate agreement, or eight percent of 12600, please designate in your • Use one of the following fonts: a modified total direct cost base, application any information that you Times New Roman, Courier, Courier whichever amount is less. Indirect costs believe is exempt from disclosure under New, or Arial.

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The recommended page limit does not expected to enable the achievement of (1) The Secretary considers the apply to Part I, the cover sheet; Part II, the established project objectives; quality of the personnel who will carry the budget section, including the (ii) The curriculum and teaching out the proposed project. narrative budget justification; Part IV, methods provide for an integration of (2) In determining the quality of the assurances and certifications; or the theory and practice relevant to the project personnel, the Secretary one-page abstract, the resumes, the educational objectives of the program; considers the extent to which the bibliography, or the letters of support. (iii) For programs whose curricula applicant encourages applications for However, the recommended page limit require them, there is evidence of employment from persons who are does apply to all of the application educationally focused practical and members of groups that have narrative. other field experiences in settings that traditionally been underrepresented 6. Notice of Intent to Apply: The ensure student involvement in the based on race, color, national origin, Department will be able to review grant provision of vocational rehabilitation, gender, age, or disability. applications more efficiently if we know supported employment, customized (3) In addition, the Secretary the approximate number of applicants employment, pre-employment transition considers the following factors: that intend to apply. Therefore, we services, transition services, or (i) The qualifications, including strongly encourage each potential independent living rehabilitation relevant training and experience, of the applicant to notify us of their intent to services to individuals with disabilities, project director or principal submit an application. To do so, please especially individuals with significant investigator. email the program contact person listed disabilities; (ii) The qualifications, including under FOR FURTHER INFORMATION (iv) The coursework includes student relevant training and experience, of key CONTACT with the subject line ‘‘Intent to exposure to vocational rehabilitation, project personnel. Apply,’’ and include the applicant’s supported employment, customized (iii) The qualifications, including name and a contact person’s name and employment, employer engagement, and relevant training and experience, of email address. Applicants that do not independent living rehabilitation project consultants or subcontractors. submit a notice of intent to apply may processes, concepts, programs, and (e) Adequacy of resources (20 points). still apply for funding; applicants that services; and (1) The Secretary considers the do submit a notice of intent to apply are (v) If applicable, there is evidence of adequacy of resources for the proposed not bound to apply or bound by the current professional accreditation by the project. (2) In determining the adequacy of information provided. designated accrediting agency in the resources for the proposed project, the professional field in which grant V. Application Review Information Secretary considers one or more of the support is being requested. following factors: 1. Selection Criteria: The selection (c) Quality of project services (25 criteria for this competition are from 34 (i) The adequacy of support, including points). facilities, equipment, supplies, and CFR 75.210 and 386.20, and are as (1) The Secretary considers the follows: other resources, from the applicant quality of the services to be provided by organization or the lead applicant (a) Relevance to State-Federal the proposed project. organization. vocational rehabilitation service (2) In determining the quality of the (ii) The relevance and demonstrated program. (10 points) services to be provided by the proposed commitment of each partner in the (1) The Secretary reviews each project, the Secretary considers the proposed project to the implementation application for information that shows quality and sufficiency of strategies for and success of the project. that the proposed project appropriately ensuring equal access and treatment for (iii) The extent to which the budget is relates to the mission of the State- eligible project participants who are adequate to support the proposed Federal vocational rehabilitation service members of groups that have project. program. traditionally been underrepresented (iv) The extent to which the costs are (2) The Secretary looks for based on race, color, national origin, reasonable in relation to the number of information that shows that the project gender, age, or disability. persons to be served and to the can be expected either— (3) In addition, the Secretary anticipated results and benefits. (i) To increase the supply of trained considers the following factors: (v) The potential for continued personnel available to State and other (i) The extent to which the training or support of the project after Federal public or nonprofit agencies involved in professional development services to be funding ends, including, as appropriate, the rehabilitation of individuals with provided by the proposed project are of the demonstrated commitment of disabilities through degree or certificate sufficient quality, intensity, and appropriate entities to such support. granting programs; or duration to lead to improvements in (f) Quality of the management plan (ii) To improve the skills and quality practice among the recipients of those (15 points). of professional personnel in the services. (1) The Secretary considers the rehabilitation field in which the training (ii) The extent to which the training quality of the management plan for the is to be provided through the granting or professional development services to proposed project. of a degree or certificate. be provided by the proposed project are (2) In determining the quality of the (b) Nature and scope of curriculum. likely to alleviate the personnel management plan for the proposed (20 points) shortages that have been identified or project, the Secretary considers one or (1) The Secretary reviews each are the focus of the proposed project. more of the following factors: application for information that (iii) The extent to which the services (i) The adequacy of the management demonstrates the adequacy of the to be provided by the proposed project plan to achieve the objectives of the proposed curriculum. involve the collaboration of appropriate proposed project on time and within (2) The Secretary looks for partners for maximizing the budget, including clearly defined information that shows— effectiveness of project services. responsibilities, timelines, and (i) The scope and nature of the (d) Quality of project personnel (10 milestones for accomplishing project coursework reflect content that can be points). tasks.

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(ii) The adequacy of mechanisms for applicants that have submitted require you to report certain integrity ensuring high-quality products and applications under multiple information to FAPIIS semiannually. services from the proposed project. competitions described in this notice Please review the requirements in 2 CFR (iii) The extent to which the time have demonstrated sufficient part 200, Appendix XII, if this grant commitments of the project director and institutional capacity through the plus all the other Federal funds you principal investigator and other key commitment of adequate resources, as receive exceed $10,000,000. project personnel are appropriate and described in the selection criteria, and VI. Award Administration Information adequate to meet the objectives of the suitable past performance to fully proposed project. implement multiple awards. In 1. Award Notices: If your application In addition to the selection criteria reviewing capacity, the Secretary will is successful, we notify your U.S. listed above, the Secretary, in making consider factors such as whether Representative and U.S. Senators and awards under this program and in potential grantees have demonstrated send you a Grant Award Notification accordance with 34 CFR 385.33, sufficient staffing, an adequate pool of (GAN); or we may send you an email considers such factors as the two listed potential scholars, and existing containing a link to access an electronic below from 34 CFR 385.33, which will relationships with VR and related version of your GAN. We may notify not be scored by the peer review agencies to place scholars from multiple you informally, also. panel— grants in appropriate internships. Based If your application is not evaluated or (a) The geographical distribution of on these reviews, the Secretary will take not selected for funding, we notify you. projects in each Rehabilitation Training appropriate action under 34 CFR 2. Administrative and National Policy Program category throughout the 75.217(d)(3), 2 CFR 200.205, and 2 CFR Requirements: We identify country; and 3474.10, before making awards to a administrative and national policy (b) The past performance of the grantee under multiple competitions requirements in the application package applicant in carrying out similar described in this notice. and reference these and other training activities under previously 3. Risk Assessment and Specific requirements in the Applicable awarded grants, as indicated by such Conditions: Consistent with 2 CFR Regulations section of this notice. factors as compliance with grant 200.205, before awarding grants under We reference the regulations outlining conditions, soundness of programmatic this competition the Department the terms and conditions of an award in and financial management practices and conducts a review of the risks posed by the Applicable Regulations section of attainment of established project applicants. Under 2 CFR 3474.10, the this notice and include these and other objectives. Secretary may impose specific specific conditions in the GAN. The These criteria will be used after non- conditions and, in appropriate GAN also incorporates your approved Federal reviewers score the circumstances, high-risk conditions on a application as part of your binding applications. The criterion related to grant if the applicant or grantee is not commitments under the grant. geographical distribution of projects financially stable; has a history of 3. Open Licensing Requirements: will be applied to fund out of rank order unsatisfactory performance; has a Unless an exception applies, if you are if the top ranked applications do not financial or other management system awarded a grant under this competition, represent a geographical distribution that does not meet the standards in 2 you will be required to openly license throughout the country. The criterion CFR part 200, subpart D; has not to the public grant deliverables created related to past performance will be fulfilled the conditions of a prior grant; in whole, or in part, with Department applied to all applications that are or is otherwise not responsible. grant funds. When the deliverable recommended for funding. 4. Integrity and Performance System: consists of modifications to pre-existing 2. Review and Selection Process: We If you are selected under this works, the license extends only to those remind potential applicants that in competition to receive an award that modifications that can be separately reviewing applications in any over the course of the project period identified and only to the extent that discretionary grant competition, the may exceed the simplified acquisition open licensing is permitted under the Secretary may consider, under 34 CFR threshold (currently $250,000), under 2 terms of any licenses or other legal 75.217(d)(3), the past performance of the CFR 200.205(a)(2) we must make a restrictions on the use of pre-existing applicant in carrying out a previous judgment about your integrity, business works. Additionally, a grantee or award, such as the applicant’s use of ethics, and record of performance under subgrantee that is awarded competitive funds, achievement of project Federal awards—that is, the risk posed grant funds must have a plan to objectives, and compliance with grant by you as an applicant—before we make disseminate these public grant conditions. The Secretary may also an award. In doing so, we must consider deliverables. This dissemination plan consider whether the applicant failed to any information about you that is in the can be developed and submitted after submit a timely performance report or integrity and performance system your application has been reviewed and submitted a report of unacceptable (currently referred to as the Federal selected for funding. For additional quality. Awardee Performance and Integrity information on the open licensing In addition, in making a competitive Information System (FAPIIS)), requirements please refer to 2 CFR grant award, the Secretary requires accessible through the System for 3474.20. various assurances, including those Award Management. You may review 4. Reporting: (a) If you apply for a applicable to Federal civil rights laws and comment on any information about grant under this competition, you must that prohibit discrimination in programs yourself that a Federal agency ensure that you have in place the or activities receiving Federal financial previously entered and that is currently necessary processes and systems to assistance from the Department (34 CFR in FAPIIS. comply with the reporting requirements 100.4, 104.5, 106.4, 108.8, and 110.23). Please note that, if the total value of in 2 CFR part 170 should you receive When reviewing prior performance your currently active grants, cooperative funding under the competition. This under 34 CFR 75.217(d)(3) and agreements, and procurement contracts does not apply if you have an exception conducting risk assessments pursuant to from the Federal Government exceeds under 2 CFR 170.110(b). 2 CFR 200.205, the Secretary will $10,000,000, the reporting requirements (b) At the end of your project period, consider factors such as whether in 2 CFR part 200, Appendix XII, you must submit a final performance

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report, including financial information, in a manner that is consistent with its ACTION: Notice. as directed by the Secretary. If you approved application and budget; and, receive a multiyear award, you must if the Secretary has established SUMMARY: The mission of the Office of submit semiannual and annual performance measurement Special Education and Rehabilitative performance reports that provide the requirements, the performance targets in Services (OSERS) is to improve early most current performance and financial the grantee’s approved application. childhood, educational, and expenditure information as directed by In making a continuation award, the employment outcomes and raise the Secretary under 34 CFR 75.118. The Secretary also considers whether the expectations for all people with Secretary may also require more grantee is operating in compliance with disabilities, their families, their frequent performance reports under 34 the assurances in its approved communities, and the Nation. As such, CFR 75.720(c). For specific application, including those applicable the Department of Education requirements on reporting, please go to to Federal civil rights laws that prohibit (Department) is issuing a notice inviting www.ed.gov/fund/grant/apply/ discrimination in programs or activities applications for new awards for fiscal appforms/appforms.html. receiving Federal financial assistance year (FY) 2019 for Model Demonstration 5. Performance Measures: The from the Department (34 CFR 100.4, Projects for Early Identification of Government Performance and Results 104.5, 106.4, 108.8, and 110.23). Students with Dyslexia in Elementary School, Catalog of Federal Domestic Act of 1993 (GPRA) directs Federal VII. Other Information departments and agencies to improve Assistance (CFDA) number 84.326M. the effectiveness of programs by Accessible Format: Individuals with These projects will provide support to engaging in strategic planning, setting disabilities can obtain this document professionals to collaborate with parents outcome-related goals for programs, and and a copy of the application package in in establishing and meeting high measuring program results against those an accessible format (e.g., braille, large expectations for each student with, or at goals. print, audiotape, or compact disc) on risk for, dyslexia. This notice relates to GPRA Measure 1: The percentage of request to the program contact person the approved information collection master’s level counseling graduates listed under FOR FURTHER INFORMATION under OMB control number 1820–0028. fulfilling their payback requirements CONTACT. DATES: Applications Available: July 5, through qualifying employment. Electronic Access to This Document: 2019. GPRA Measure 2: The percentage of The official version of this document is Deadline for Transmittal of master’s level counseling graduates the document published in the Federal Applications: August 5, 2019. fulfilling their payback requirements Register. You may access the official Pre-Application Webinar Information: through qualifying employment in State edition of the Federal Register and the No later than July 10, 2019, OSERS will VR agencies. Code of Federal Regulations at post pre-recorded informational GPRA Measure 3: The Federal cost www.govinfo.gov. At this site you can webinars designed to provide technical per master’s level RSA-supported view this document, as well as all other assistance to interested applicants. The rehabilitation counseling graduate. documents of this Department webinars may be found at www2.ed.gov/ In addition, the following RSA published in the Federal Register, in fund/grant/apply/osep/new-osep- Program Measures apply to the text or Portable Document Format grants.html. Rehabilitation Long-Term Training (PDF). To use PDF you must have Pre-Application Q&A Blog: No later Program: Adobe Acrobat Reader, which is than July 10, 2019, OSERS will open a Program Measure 1: Number of available free at the site. blog where interested applicants may scholars enrolled during the reporting You may also access documents of the post questions about the application period. Department published in the Federal requirements for this competition and Program Measure 2: Number of Register by using the article search where OSERS will post answers to the scholars who dropped out or were feature at: www.federalregister.gov. questions received. OSERS will not dismissed from the program during the Specifically, through the advanced respond to questions unrelated to the reporting period. search feature at this site, you can limit application requirements for this Program Measure 3: Number of your search to documents published by competition. The blog may be found at scholars who graduated with a master’s the Department. www2.ed.gov/fund/grant/apply/osep/ degree from the program during the Johnny W. Collett, new-osep-grants.html and will remain reporting period. open until July 24, 2019. After the blog Program Measure 4: Number of Assistant Secretary for Special Education and closes, applicants should direct scholars who obtained employment in a Rehabilitative Services. questions to the person listed under FOR State VR agency during the reporting [FR Doc. 2019–14371 Filed 7–3–19; 8:45 am] FURTHER INFORMATION CONTACT. period. BILLING CODE 4000–01–P Program Measure 5: Number of ADDRESSES: For the addresses for scholars who maintained or advanced in obtaining and submitting an DEPARTMENT OF EDUCATION their employment in a State VR agency application, please refer to our Common Instructions for Applicants to during the reporting period. Applications for New Awards; Annual project progress toward Department of Education Discretionary Technical Assistance and Grant Programs, published in the meeting project goals must be posted on Dissemination To Improve Services the project website or university Federal Register on February 13, 2019 and Results for Children With (84 FR 3768), and available at website. Disabilities—Model Demonstration 6. Continuation Awards: In making a www.govinfo.gov/content/pkg/FR-2019- Projects for Early Identification of 02-13/pdf/2019-02206.pdf. continuation award under 34 CFR Students With Dyslexia in Elementary FOR FURTHER INFORMATION CONTACT: 75.253, the Secretary considers, among School other things: whether a grantee has Kristen Rhoads, U.S. Department of made substantial progress in achieving AGENCY: Office of Special Education and Education, 400 Maryland Avenue SW, the goals and objectives of the project; Rehabilitative Services, Department of Room 5175, Potomac Center Plaza, whether the grantee has expended funds Education. Washington, DC 20202–5076.

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Telephone: (202) 245–6715. Email: whose early pattern suggests that they However, addressing dyslexia is a [email protected]. need intensive reading intervention and complex issue, and there are great If you use a telecommunications prevention (Gersten et al., 2009). The variation and flexibility in how States device for the deaf (TDD) or a text screening supports meeting an and schools implement recommended telephone (TTY), call the Federal Relay individual child’s needs by tailoring practices related to screening for Service (FRS), toll free, at 1–800–877– instructional activities and helping to dyslexia. Often, schools use a one-stage 8339. identify students who may be at risk for universal screening process, which may SUPPLEMENTARY INFORMATION: dyslexia. These students may benefit result in incorrect over-identification of from receiving intensive intervention in students in the early grades when Full Text of Announcement reading and potentially special students are first exposed to formal I. Funding Opportunity Description education services, including evidence- reading instruction (D. Fuchs, Compton, based practices to address the Fuchs, Bryant & Davis, 2008). Purpose of Program: The purpose of individual needs of each student with Researchers have suggested other the Technical Assistance and dyslexia. approaches, including using a two-stage Dissemination to Improve Services and Dyslexia is neurobiological in origin screening approach or dynamic Results for Children with Disabilities and is typically characterized by assessment approaches, to maximize the program is to promote academic difficulties with phonological likelihood of providing intensive achievement and to improve results for processing (i.e., the manipulation of interventions in reading to students who children with disabilities by providing sounds), spelling, and/or rapid visual- need it most and to prevent schools TA, supporting model demonstration verbal responding (U.S. Department of from using costly interventions for projects, disseminating useful Health and Human Services, 2018). It is students who may not have dyslexia or information, and implementing possible to identify students with need additional or different types of activities that are supported by dyslexia in early elementary school, and support (Cho et al., 2017). In scientifically based research. it is critical that schools implement conjunction with the screening Priority: In accordance with 34 CFR intensive interventions tailored to the practices, schools often monitor student 75.105(b)(2)(v), this priority is from individual needs of these students in learning in response to high-quality allowable activities specified in or early elementary school and beyond reading instruction or intervention as otherwise authorized in sections 663 (Petscher et al., 2019). Phonological indicators of progress or persistent and 681(d) of the Individuals with processing problems associated with learning problems related to having Disabilities Education Act (IDEA) (20 dyslexia can be identified reliably in dyslexia. U.S.C. 1463, 1481(d)). kindergarten and first grade (D. Fuchs et These model demonstration projects Absolute Priority: For FY 2019 and al., 2012; Sittner Bridges & Catts, 2011). will highlight the importance of any subsequent year in which we make Research suggests that difficulties accurate identification of students with awards from the list of unfunded associated with dyslexia can be dyslexia, particularly in the early applications from this competition, this remediated with intensive intervention grades, and bring to bear the most recent priority is an absolute priority. Under 34 in early elementary school; however, research on frequent screening and CFR 75.105(c)(3), we consider only remediation generally becomes less progress monitoring and intervention applications that meet this priority. effective for students with dyslexia after This priority is: for dyslexia. second grade (Fletcher, 2017). The projects must be operated in a Model Demonstration Projects for Over 40 States have adopted manner consistent with Early Identification of Students with legislation, requirements, or initiatives nondiscrimination requirements Dyslexia in Elementary School. related to identifying and educating Background: Model demonstrations to contained in the U.S. Constitution and students with dyslexia, with 21 States the Federal civil rights laws. improve early intervention, educational, implementing universal screening for or transitional results for students with dyslexia (National Center on Improving Priority disabilities have been authorized under Literacy, 2018). Recommended practices The purpose of this priority is to fund the IDEA since the law’s inception. For suggest that schools administer reading three cooperative agreements to the purposes of this priority, a model is measures that screen and monitor establish and operate model a set of existing evidence-based student progress in learning demonstration projects. The models will practices, including interventions and foundational reading skills that reflect implement frequent screening and implementation strategies (i.e., core students’ acquisition of literacy skills progress monitoring measures at all model components), that research across grade levels (Petchser, et al., elementary grades, with a particular suggests will improve outcomes for 2019). In general, measures of focus on kindergarten and first grade. children, teachers, instructional phonological processing, rapid letter The models will demonstrate methods personnel, school or district leaders, or naming, and alphabetic understanding for accurate and efficient identification systems, when implemented with or spelling are recommended in the of and evidence-based 1 interventions fidelity. Model demonstrations involve early elementary grades. Recommended for students with, or at risk for, dyslexia, investigating the degree to which a practices also suggest that as well as positive outcomes in reading given model can be implemented and administration of screening measures achievement. The models will also sustained in typical settings, by staff should not be a one-time event for address the infrastructure (i.e., employed in those settings, while students; rather, screening should professional development) needed to achieving outcomes similar to those happen at least three times per year at attained under research conditions. each grade level during elementary 1 For purposes of this priority, ‘‘evidence-based’’ Patterns of reading development and school, with the first administration means the proposed project component is potential achievement are established happening as early as possible in the supported by promising evidence, which is early and can be stable over time. school year, with more frequent evidence of the effectiveness of a key project component in improving a ‘‘relevant outcome’’ (as Frequent screening and progress administrations for students who show defined in 34 CFR 77.1), based on a relevant finding monitoring of reading skills are moderate or high risk of having from one of the sources identified under ‘‘promising recommended for identifying students dyslexia. evidence’’ in 34 CFR 77.1.

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foster the development, parents’, and students’ 2 satisfaction improvements in teachers’ or service implementation, and evaluation of a with the model components, processes, providers’ knowledge) required by schoolwide process for identifying and outcomes. paragraph (b)(3) of this section, students with, or at risk for, dyslexia. (b) The model’s core implementation including measures of the fidelity of The model demonstration projects will components must include— implementation. assess how models can— (1) Criteria and strategies for (c) The core strategies for sustaining 3 • Improve the capacity of elementary selecting and recruiting sites, the model must include— schools to identify early, accurately, and including approaches to introducing the (1) Documentation that permits efficiently students with, or at risk for, model to, and promoting the model 4 current and future site-based staff to dyslexia; among, site participants. Each project replicate or appropriately tailor and • Improve the capacity of elementary must include at least three elementary sustain the model at any site; 5 schools to implement evidence-based schools, at least one of which must be a school of choice such as a public (2) Strategies for the grantee to screening and progress monitoring disseminate or promote the use of the measures for students with, or at risk magnet, public charter, or private school. Applicants are encouraged to model, such as developing easily for, dyslexia; accessible online training materials, • choose sites from a variety of settings Improve the capacity of elementary coordinating with TA providers who schools to provide resources and (e.g., urban, rural, suburban) and populations (e.g., type of school, might serve as future trainers, or evidence-based interventions that best providing technical support (e.g., meet the individual needs of students concentration of students receiving free or reduced-price lunch, racial or ethnic webinars, training sessions, or with, or at risk for, dyslexia and that workshops) for users who may want to lead to improved reading achievement groups); (2) A lag site implementation design, learn about and implement the model of students with, or at risk for, dyslexia; and its components; and and which allows for model development • and refinement at the first site in year (3) Strategies for the grantee to assist Improve the capacity of elementary State educational agencies (SEAs) and school personnel to clearly one of the project period, with sites two and three implementing a revised model local educational agencies (LEAs) communicate assessment results to based on data from the first site within the State to scale up a model and parents and to collaborate with parents beginning in subsequent project years; its components. to establish and meet high expectations (3) A professional development To be considered for funding under for each student with, or at risk for, component that includes a coaching this absolute priority, applicants must dyslexia. strategy, to enable site-based staff to meet the application requirements Applicants must propose models that implement the interventions with contained in this priority. Each project meet the following requirements: fidelity; and funded under this absolute priority also (a) The model’s core intervention (4) Measures of the results of the must meet the programmatic and components must include— professional development (e.g., administrative requirements specified in (1) Ongoing measures of student the priority. reading skills and progress, including 2 Applicants must ensure the confidentiality of frequent (e.g., weekly or every two individual student data, consistent with the Application Requirements weeks) measures of reading skills of Confidentiality of Information regulations under An applicant must include in its students with, or at risk for, dyslexia; both part B and part C of IDEA, which incorporate requirements and exceptions under section 444 of application— (2) Professional development to help the General Education Provisions Act (20 U.S.C. (a) A detailed review of the literature ensure educators’ appropriate and 1232g), commonly known as the ‘‘Family timely use of data to inform the need for Educational Rights and Privacy Act’’ (FERPA), but addressing the proposed model or its additional diagnostic measures or also include several provisions that are specifically intervention and implementation related to children with disabilities receiving components and processes to improve assessments for students demonstrating services under IDEA and provide protections risk of dyslexia and to improve reading beyond the FERPA regulations. Therefore, identification and instruction for instruction and make informed examining the IDEA requirements first is the most students with, or at risk for, dyslexia in decisions about how to help students effective and efficient way to meet the requirements elementary school, with a particular of both IDEA and FERPA for children with focus on kindergarten and first grade; build literacy skills; disabilities. Applicants should also be aware of (3) Evidence-based instructional State laws or regulations concerning the Note: The literature review must practices tailored to individual needs of confidentiality of individual records. See https:// establish that the proposed model is www2.ed.gov/policy/gen/guid/ptac/pdf/idea- evidence-based, as defined elsewhere in students, particularly to those with, or ferpa.pdf and https://studentprivacy.ed.gov/ at risk for, dyslexia; resources/ferpaidea-cross-walk. Final FERPA this notice. (4) Valid and reliable measures of regulatory changes became effective January 3, (b) A logic model 6 that depicts, at a student-level, instructor-level, and 2012, and include requirements for data sharing. minimum, the goals, activities, outputs, Applicants are encouraged to review the final and outcomes (described in paragraph system-level outcomes, using FERPA regulations published on December 2, 2011 standardized measures when applicable; (76 FR 75604). Questions can be directed to the (5) Procedures to refine the model Family Policy Compliance Office (www.ed.gov/ 5 For a guide on documenting model based on the ongoing measures of fpco) at (202) 260–3887 or [email protected]. demonstration sustainment and replication, the 3 For factors to consider when selecting model applicant should refer to Planning for Replication student-level, instructor-level, and demonstration sites, the applicant should refer to and Dissemination From the Start: Guidelines for system-level performance; Assessing Sites for Model Demonstration: Lessons Model Demonstration Projects (Revised) at http:// (6) Procedures for schools to share Learned for OSEP Grantees at http://mdcc.sri.com/ mdcc.sri.com/documents/MDCC_ReplicationBrief_ data with families as well as engage documents/MDCC_Site_Assessment_Brief_09-30- SEP2015.pdf. 11.pdf. The document also contains a site 6 Logic model (also referred to as a theory of families in meaningful discussions and assessment tool. action) means a framework that identifies key decision-making related to reading 4 For factors to consider while preparing for project components of the proposed project (i.e., the instruction tailored to meeting their model demonstration implementation, the active ‘‘ingredients’’ that are hypothesized to be child’s individual literacy needs; and applicant should refer to Preparing for Model critical to achieving the relevant outcomes) and Demonstration Implementation at http:// describes the theoretical and operational (7) Measures of the model’s social mdcc.sri.com/documents/MDCC_PreparationStage_ relationships among the key project components validity, i.e., measures of educators’, Brief_Apr2013.pdf. and relevant outcomes.

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(a) under the heading Priority) of the described in paragraph (e)(1) of these meetings, as requested by OSEP, to be proposed model demonstration project. application requirements, and will held in Washington, DC. Note: The following websites provide include at least one school of choice Other Project Activities resources for constructing logic models: such as a public magnet, public charter, www.osepideasthatwork.org/logicModel or private school. To meet the requirements of this and www.osepideasthatwork.org/ (iii) The lag site implementation priority, each project, at a minimum, resources-grantees/program-areas/ta-ta/ design for implementation consistent must— tad-project-logic-model-and-conceptual- with the requirements in paragraph (a) Communicate and collaborate on framework; (b)(2) under the heading Priority. an ongoing basis with other Department- (c) A description of the activities and (4) Each of the strategies to promote funded projects, including, at minimum, measures to be incorporated into the sustaining and replicating the model, OSEP-funded TA centers that might proposed model demonstration project including, at a minimum, those listed disseminate information on the model (i.e., the project design) to improve under paragraph (c) under the heading or support the scale-up efforts of a identification of and instruction for Priority. model based on promising evidence; students with, or at risk for, dyslexia, (d) A description of the evaluation (b) Maintain ongoing telephone and including a timeline of how and when activities and measures to be email communication with the OSEP the components are introduced within incorporated into the proposed model project officer and the other model the model. A detailed and complete demonstration project. A detailed and demonstration projects funded under description must include the following: complete description must include— this priority; (1) Each of the intervention (1) A formative evaluation plan, (c) If the project maintains a website, components, including, at a minimum, consistent with the project’s logic include relevant information about the those listed under paragraph (a) under model, that includes evaluation model, the intervention, and the the heading Priority. questions, source(s) of data, a timeline demonstration activities and ensure that (2) The existing and proposed child, for data collection, and analysis plans. the website meets government- or teacher, service provider, or system The plan must show how the outcome industry-recognized standards for outcome measures and social validity data (e.g., child, teacher, or systems accessibility; and measures. The measures should be measures, social validity) and (d) Ensure that annual progress described as completely as possible, implementation data (e.g., fidelity, toward meeting project goals is posted referenced as appropriate, and included, effectiveness of professional on the project website or university when available, in Appendix A. development activities) will be used website. (3) Each of the implementation separately or in combination to improve References components, including, at a minimum, the project during the performance those listed under paragraph (b) under period. These data will be reported in Cho, E., Compton, D.L., Gilbert, J.K., Steacy, the heading Priority. The existing or the annual performance report (APR). L.M., Collins, A.A., & Lindstro¨m, E.R. proposed implementation fidelity The plan also must outline how these (2017). Development of first-graders’ measures, including those measuring word reading skills: For whom can data will be reviewed by project staff, dynamic assessment tell us more? the fidelity of the professional when they will be reviewed, and how Journal of Learning Disabilities, 50(1), development strategy, should be they will be used during the course of 95–112. described as completely as possible, the project to adjust the model or its Fletcher, J. (2017, September). Understanding referenced as appropriate, and included, implementation to increase the model’s dyslexia: A scientific approach. Paper when available, in Appendix A. In usefulness, generalizability, and presented at the National Science addition, this description should potential for sustainability; and Foundation Conference on STEM include— (2) A summative evaluation plan, Education, Learning Disabilities, and the (i) Demographics, including, at a including a timeline, to collect and Science of Dyslexia, Arlington, VA. minimum, the number of grade levels, Fuchs, D., Compton, D.L., Fuchs, L.S., analyze data on changes to child, Bryant, J., & Davis, G.N. (2008). Making classrooms, and students participating teacher, service provider, or system ‘‘secondary intervention’’ work in a at all implementation sites that have outcome measures over time or relative three-tier responsiveness-to-intervention been identified and successfully to comparison groups that can be model: Findings from the first-grade recruited for the purposes of this reasonably attributable to project longitudinal reading study of the application using the selection and activities. The plan must show how the National Research Center on Learning recruitment strategies described in child, teacher, service provider, or Disabilities. Reading and Writing, 21(4), paragraph (b)(1) under the heading system outcome and implementation 413–436. Fuchs, D., Compton, D.L., Fuchs, L.S., Priority; data collected by the project will be (ii) Whether the implementation sites Bryant, V.J., Hamlett, C.L., & Lambert, W. used separately or in combination to (2012). First-grade cognitive abilities as are located in rural, urban, or suburban demonstrate the promise of the model. long-term predictors of reading LEAs; and (e) A budget for attendance at the comprehension and disability status. Note: Applicants are encouraged to following: Journal of Learning Disabilities, 45(3), identify, to the extent possible, the sites (1) A one and one-half day kick-off 217–231. willing to participate in the applicant’s meeting to be held in Washington, DC, Gersten, R., Compton, D., Connor, C.M., model demonstration. Applicants are after receipt of the award. Dimino, J., Santoro, L., Linan-Thompson, encouraged to choose sites from a (2) A three-day Project Directors’ S., and Tilly, W.D. (2009). Assisting variety of settings (e.g., urban, rural, Conference in Washington, DC, students struggling with reading: suburban) and populations (e.g., type of occurring twice during the project Response to intervention and multi-tier school, concentration of students performance period. intervention for reading in the primary grades. A practice guide. (NCEE 2009– receiving free or reduced-price lunch, (3) Four travel days spread across 4045). Washington, DC: National Center racial or ethnic groups). Final site years two through four of the project for Education Evaluation and Regional selection will be determined in period to attend planning meetings, Assistance, Institute of Education consultation with the OSEP project Department briefings, Department- Sciences, U.S. Department of Education. officer following the kick-off meeting sponsored conferences, and other Retrieved from https://ies.ed.gov/ncee/

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wwc/Docs/PracticeGuide/rti_reading_pg_ Estimated Range of Awards: $375,000 3. Funding Restrictions: We reference 021809.pdf. to $400,000 per year. regulations outlining funding National Center on Improving Literacy. Estimated Average Size of Awards: restrictions in the Applicable (2018). State of Dyslexia. Retrieved from $400,000 per year. Regulations section of this notice. https://improvingliteracy.org/state-of- Maximum Award: We will not make 4. Recommended Page Limit: The dyslexia. an award exceeding $400,000 for a Petscher, Y., Fien, H., Stanley, C., Gearin, B., application narrative (Part III of the Gaab, N., Fletcher, J.M., & Johnson, E. single budget period of 12 months. application) is where you, the applicant, (2019). Screening for Dyslexia. Retrieved Estimated Number of Awards: 3. address the selection criteria that from https://improvingliteracy.org/sites/ Note: The Department is not bound by reviewers use to evaluate your improvingliteracy1.uoregon.edu/files/ any estimates in this notice. application. We recommend that you (1) whitepaper/screening-for-dyslexia.pdf. Project Period: Up to 48 months. limit the application narrative to no Sittner Bridges, M., & Catts, H.W. (2011). The III. Eligibility Information more than 50 pages and (2) use the use of a dynamic screening of 1. Eligible Applicants: SEAs; LEAs, following standards: phonological awareness to predict risk • A ‘‘page’’ is 8.5″ x 11″, on one side including charter schools that are for reading disabilities in kindergarten only, with 1″ margins at the top, bottom, children. Journal of Learning Disabilities, considered LEAs under State law; IHEs; 44(4), 330–338. other public agencies; private nonprofit and both sides. • Double-space (no more than three U.S. Department of Health and Human organizations; outlying areas; freely lines per vertical inch) all text in the Services, National Institute of associated States; Indian Tribes or application narrative, including titles, Neurological Disorders and Stroke Tribal organizations; and for-profit Dyslexia Information Page. (2018, June headings, footnotes, quotations, 12). Retrieved from www.ninds.nih.gov/ organizations. 2. Cost Sharing or Matching: This reference citations, and captions, as well Disorders/All-Disorders/Dyslexia- as all text in charts, tables, figures, Information-Page. program does not require cost sharing or matching. graphs, and screen shots. Waiver of Proposed Rulemaking: • Use a font that is 12 point or larger. 3. Subgrantees: A grantee under this • Under the Administrative Procedure Act competition may not award subgrants to Use one of the following fonts: (APA) (5 U.S.C. 553) the Department entities to directly carry out project Times New Roman, Courier, Courier generally offers interested parties the activities described in its application. New, or Arial. opportunity to comment on proposed Under 34 CFR 75.708(e), a grantee may The recommended page limit does not priorities and other requirements. contract for supplies, equipment, and apply to Part I, the cover sheet; Part II, Section 681(d) of IDEA, however, makes other services in accordance with 2 CFR the budget section, including the the public comment requirements of the part 200. narrative budget justification; Part IV, APA inapplicable to the absolute 4. Other General Requirements: the assurances and certifications; or the priority and related definitions in this (a) Recipients of funding under this abstract (follow the guidance provided notice. competition must make positive efforts in the application package for Program Authority: 20 U.S.C. 1463 to employ and advance in employment completing the abstract), the table of and 1481. qualified individuals with disabilities contents, the list of priority Applicable Regulations: (a) The (see section 606 of IDEA). requirements, the re´sume´s, the reference Education Department General (b) Applicants for, and recipients of, list, the letters of support, or the Administrative Regulations in 34 CFR funding must, with respect to the appendices. However, the parts 75, 77, 79, 81, 82, 84, 86, 97, 98, aspects of their proposed project recommended page limit does apply to and 99. (b) The Office of Management relating to the absolute priority, involve all of the application narrative, and Budget Guidelines to Agencies on individuals with disabilities, or parents including all text in charts, tables, Governmentwide Debarment and of individuals with disabilities ages figures, graphs, and screen shots. Suspension (Nonprocurement) in 2 CFR birth through 26, in planning, V. Application Review Information part 180, as adopted and amended as implementing, and evaluating the regulations of the Department in 2 CFR project (see section 682(a)(1)(A) of 1. Selection Criteria: The selection part 3485. (c) The Uniform IDEA). criteria for this competition are from 34 Administrative Requirements, Cost CFR 75.210 and are as follows: IV. Application and Submission Principles, and Audit Requirements for (a) Significance (15 points). Information Federal Awards in 2 CFR part 200, as (1) The Secretary considers the adopted and amended as regulations of 1. Application Submission significance of the proposed project. the Department in 2 CFR part 3474. Instructions: Applicants are required to (2) In determining the significance of Note: The regulations in 34 CFR part follow the Common Instructions for the proposed project, the Secretary 79 apply to all applicants except Applicants to Department of Education considers the following factors: federally recognized Indian Tribes. Discretionary Grant Programs, (i) The potential contribution of the Note: The regulations in 34 CFR part published in the Federal Register on proposed project to increased 86 apply to institutions of higher February 13, 2019 (84 FR 3768), and knowledge or understanding of education (IHEs) only. available at www.govinfo.gov/content/ educational problems, issues, or pkg/FR-2019-02-13/pdf/2019-02206.pdf, effective strategies; II. Award Information which contain requirements and (ii) The extent to which the proposed Type of Award: Cooperative information on how to submit an project is likely to build local capacity agreements. application. to provide, improve, or expand services Estimated Available Funds: 2. Intergovernmental Review: This that address the needs of the target $1,200,000. competition is subject to Executive population; Contingent upon the availability of Order 12372 and the regulations in 34 (iii) The importance or magnitude of funds and the quality of applications, CFR part 79. However, under 34 CFR the results or outcomes likely to be we may make additional awards in FY 79.8(a), we waive intergovernmental attained by the proposed project, 2020 from the list of unfunded review in order to make an award by the especially improvements in teaching applications from this competition. end of FY 2019. and student achievement; and

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(iv) The likely utility of the products (iv) How the applicant will ensure various assurances, including those (such as information, materials, that a diversity of perspectives are applicable to Federal civil rights laws processes, or techniques) that will result brought to bear in the operation of the that prohibit discrimination in programs from the proposed project, including the proposed project, including those of or activities receiving Federal financial potential for their being used effectively parents, teachers, the business assistance from the Department (34 CFR in a variety of other settings. community, a variety of disciplinary 100.4, 104.5, 106.4, 108.8, and 110.23). (b) Quality of the project design (35 and professional fields, recipients or 3. Additional Review and Selection points). beneficiaries of services, or others, as Process Factors: In the past, the (1) The Secretary considers the appropriate; Department has had difficulty finding quality of the design of the proposed (v) The adequacy of the management peer reviewers for certain competitions project. plan to achieve the objectives of the because so many individuals who are (2) In determining the quality of the proposed project on time and within eligible to serve as peer reviewers have design of the proposed project, the budget, including clearly defined conflicts of interest. The standing panel Secretary considers the following responsibilities, timelines, and requirements under section 682(b) of factors: milestones for accomplishing project IDEA also have placed additional (i) The extent to which the goals, tasks; and constraints on the availability of objectives, and outcomes to be achieved (vi) The adequacy of mechanisms for reviewers. Therefore, the Department by the proposed project are clearly ensuring high-quality products and has determined that for some specified and measurable; services from the proposed project. discretionary grant competitions, (ii) The extent to which the design of (d) Quality of the project evaluation applications may be separated into two the proposed project includes a (25 points). or more groups and ranked and selected thorough, high-quality review of the (1) The Secretary considers the for funding within specific groups. This relevant literature, a high-quality plan quality of the evaluation to be procedure will make it easier for the for project implementation, and the use conducted of the proposed project. Department to find peer reviewers by of appropriate methodological tools to (2) In determining the quality of the ensuring that greater numbers of ensure successful achievement of evaluation, the Secretary considers the individuals who are eligible to serve as project objectives; following factors: reviewers for any particular group of (iii) The quality of the proposed (i) The extent to which the methods applicants will not have conflicts of demonstration design and procedures of evaluation are thorough, feasible, and interest. It also will increase the quality, for documenting project activities and appropriate to the goals, objectives, and independence, and fairness of the results; outcomes of the proposed project; review process, while permitting panel (iv) The extent to which the design for (ii) The extent to which the methods members to review applications under implementing and evaluating the of evaluation will provide performance discretionary grant competitions for proposed project will result in feedback and permit periodic which they also have submitted information to guide possible assessment of progress toward achieving applications. replication of project activities or intended outcomes; 4. Risk Assessment and Specific strategies, including information about (iii) The extent to which the methods Conditions: Consistent with 2 CFR the effectiveness of the approach or of evaluation provide for examining the 200.205, before awarding grants under strategies employed by the project; and effectiveness of project implementation this competition the Department (v) The extent to which performance strategies; conducts a review of the risks posed by feedback and continuous improvement (iv) The extent to which the applicants. Under 2 CFR 3474.10, the are integral to the design of the evaluation will provide guidance about Secretary may impose specific proposed project. effective strategies suitable for conditions and, in appropriate (c) Adequacy of resources and quality replication or testing in other settings; circumstances, high-risk conditions on a of the management plan (25 points). and grant if the applicant or grantee is not (1) The Secretary considers the (v) The extent to which the methods financially stable; has a history of adequacy of resources and the quality of of evaluation include the use of unsatisfactory performance; has a the management plan for the proposed objective performance measures that are financial or other management system project. clearly related to the intended outcomes that does not meet the standards in 2 (2) In determining the adequacy of of the project and will produce CFR part 200, subpart D; has not resources and the quality of the quantitative and qualitative data to the fulfilled the conditions of a prior grant; management plan for the proposed extent possible. or is otherwise not responsible. project, the Secretary considers the 2. Review and Selection Process: We 5. Integrity and Performance System: following factors: remind potential applicants that in If you are selected under this (i) The adequacy of support, including reviewing applications in any competition to receive an award that facilities, equipment, supplies, and discretionary grant competition, the over the course of the project period other resources, from the applicant Secretary may consider, under 34 CFR may exceed the simplified acquisition organization or the lead applicant 75.217(d)(3), the past performance of the threshold (currently $250,000), under 2 organization; applicant in carrying out a previous CFR 200.205(a)(2) we must make a (ii) The relevance and demonstrated award, such as the applicant’s use of judgment about your integrity, business commitment of each partner in the funds, achievement of project ethics, and record of performance under proposed project to the implementation objectives, and compliance with grant Federal awards—that is, the risk posed and success of the project; conditions. The Secretary may also by you as an applicant—before we make (iii) The extent to which the time consider whether the applicant failed to an award. In doing so, we must consider commitments of the project director and submit a timely performance report or any information about you that is in the principal investigator and other key submitted a report of unacceptable integrity and performance system project personnel are appropriate and quality. (currently referred to as the Federal adequate to meet the objectives of the In addition, in making a competitive Awardee Performance and Integrity proposed project; grant award, the Secretary requires Information System (FAPIIS)),

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accessible through the System for 4. Reporting: (a) If you apply for a performance reports to the Department Award Management. You may review grant under this competition, you must (34 CFR 75.590). and comment on any information about ensure that you have in place the 6. Continuation Awards: In making a yourself that a Federal agency necessary processes and systems to continuation award under 34 CFR previously entered and that is currently comply with the reporting requirements 75.253, the Secretary considers, among in FAPIIS. in 2 CFR part 170 should you receive other things: Whether a grantee has Please note that, if the total value of funding under the competition. This made substantial progress in achieving your currently active grants, cooperative does not apply if you have an exception the goals and objectives of the project; agreements, and procurement contracts under 2 CFR 170.110(b). whether the grantee has expended funds from the Federal Government exceeds (b) At the end of your project period, in a manner that is consistent with its $10,000,000, the reporting requirements you must submit a final performance approved application and budget; and, in 2 CFR part 200, Appendix XII, report, including financial information, if the Secretary has established require you to report certain integrity as directed by the Secretary. If you performance measurement information to FAPIIS semiannually. receive a multiyear award, you must requirements, the performance targets in Please review the requirements in 2 CFR submit an annual performance report the grantee’s approved application. part 200, Appendix XII, if this grant that provides the most current In making a continuation award, the plus all the other Federal funds you performance and financial expenditure Secretary also considers whether the receive exceed $10,000,000. information as directed by the Secretary grantee is operating in compliance with VI. Award Administration Information under 34 CFR 75.118. The Secretary the assurances in its approved may also require more frequent 1. Award Notices: If your application application, including those applicable performance reports under 34 CFR is successful, we notify your U.S. to Federal civil rights laws that prohibit 75.720(c). For specific requirements on Representative and U.S. Senators and discrimination in programs or activities reporting, please go to www.ed.gov/ send you a Grant Award Notification receiving Federal financial assistance fund/grant/apply/appforms/ (GAN); or we may send you an email from the Department (34 CFR 100.4, appforms.html. containing a link to access an electronic 104.5, 106.4, 108.8, and 110.23). (c) Under 34 CFR 75.250(b), the version of your GAN. We may notify Secretary may provide a grantee with VII. Other Information you informally, also. If your application is not evaluated or additional funding for data collection, Accessible Format: Individuals with not selected for funding, we notify you. analysis, and reporting. In this case the disabilities can obtain this document 2. Administrative and National Policy Secretary establishes a data collection and a copy of the application package in Requirements: We identify period. an accessible format (e.g., braille, large administrative and national policy 5. Performance Measures: Under the print, audiotape, or compact disc) by requirements in the application package Government Performance and Results contacting the Management Support and reference these and other Act of 1993, the Department has Services Team, U.S. Department of requirements in the Applicable established a set of performance Education, 400 Maryland Avenue SW, Regulations section of this notice. measures, including long-term Room 5074A, Potomac Center Plaza, We reference the regulations outlining measures, that are designed to yield Washington, DC 20202–2500. the terms and conditions of an award in information on various aspects of the Telephone: (202) 245–7363. If you use a the Applicable Regulations section of effectiveness and quality of the Model TDD or a TTY, call the FRS, toll free, at this notice and include these and other Demonstration Projects to Identify 1–800–877–8339. specific conditions in the GAN. The Students with Dyslexia in Elementary Electronic Access to This Document: GAN also incorporates your approved School under the Technical Assistance The official version of this document is application as part of your binding and Dissemination to Improve Services the document published in the Federal commitments under the grant. and Results for Children With Register. You may access the official 3. Open Licensing Requirements: Disabilities program. These measures edition of the Federal Register and the Unless an exception applies, if you are are: Code of Federal Regulations at • awarded a grant under this competition, Current Program Performance www.govinfo.gov. At this site you can you will be required to openly license Measure: The percentage of effective view this document, as well as all other to the public grant deliverables created evidence-based program models documents of this Department in whole, or in part, with Department developed by model demonstration published in the Federal Register, in grant funds. When the deliverable projects that are promoted to States and text or Portable Document Format consists of modifications to pre-existing their partners through the Technical (PDF). To use PDF you must have works, the license extends only to those Assistance and Dissemination Network. Adobe Acrobat Reader, which is modifications that can be separately • Pilot Program Performance available free at the site. identified and only to the extent that Measure: The percentage of effective You may also access documents of the open licensing is permitted under the program models developed by model Department published in the Federal terms of any licenses or other legal demonstration projects that are Register by using the article search restrictions on the use of pre-existing sustained beyond the life of the model feature at www.federalregister.gov. works. Additionally, a grantee that is demonstration project. Specifically, through the advanced awarded competitive grant funds must The current program performance search feature at this site, you can limit have a plan to disseminate these public measure and the pilot program your search to documents published by grant deliverables. This dissemination performance measure apply to projects the Department. plan can be developed and submitted funded under this competition, and after your application has been grantees are required to submit data on Johnny W. Collett, reviewed and selected for funding. For these measures as directed by OSEP. Assistant Secretary for Special Education and additional information on the open Grantees will be required to report Rehabilitative Services. licensing requirements please refer to 2 information on their project’s [FR Doc. 2019–14270 Filed 7–3–19; 8:45 am] CFR 3474.20. performance in annual and final BILLING CODE 4000–01–P

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DEPARTMENT OF ENERGY Applicants: Chevron Power Holdings 2019 Midcontinent Independent System Inc. Operator, Inc. tariff filing. Federal Energy Regulatory Description: Updated Market Power Filed Date: 6/27/19. Commission Analysis for the Southwest Region of Accession Number: 20190627–5205. Chevron Power Holdings Inc. Comments Due: 5 p.m. ET 7/18/19. Combined Notice of Filings #1 Filed Date: 6/28/19. Docket Numbers: ER19–2275–000. Take notice that the Commission Accession Number: 20190628–5150. Applicants: MidAmerican Energy received the following electric rate Comments Due: 5 p.m. ET 8/27/19. Company. filings: Docket Numbers: ER16–893–003; Description: § 205(d) Rate Filing: Concurrence with Ottumwa GS Unit 1 Docket Numbers: ER10–1484–019; ER15–1066–003; ER16–1371–004; F&O Agt to be effective 6/27/2019. ER10–3081–007; ER12–2381–005; ER16–892–002; ER17–2318–002; ER17– Filed Date: 6/27/19. ER13–1069–008. 239–002; ER17–43–002; ER17–44–002; Accession Number: 20190627–5192. Applicants: Shell Energy North ER18–2516–001; ER18–697–001. Comments Due: 5 p.m. ET 7/18/19. America (US), L.P., Equilon Enterprises Applicants: 62SK 8ME LLC, 63SU LLC, MP2 Energy LLC, MP2 Energy NE 8ME LLC, Cuyama Solar, LLC, Gray Docket Numbers: ER19–2276–000. LLC. Hawk Solar, LLC, Portal Ridge Solar B, Applicants: New York Independent Description: Updated Market Power LLC, Portal Ridge Solar C, LLC, Red System Operator, Inc. Analysis for the Southwest Region of Horse Wind 2, LLC, Red Horse III, LLC, Description: § 205(d) Rate Filing: Shell Energy North America (US), L.P., TPE Alta Luna, LLC, Willow Springs NYISO 205: Distributed Energy et al. Solar, LLC. Resources (DER) tariff revisions to be Filed Date: 6/27/19. Description: Market Power Update for effective 8/27/2019. Accession Number: 20190627–5238. the Southwest Region of 62SK 8ME Filed Date: 6/27/19. Comments Due: 5 p.m. ET 8/26/19. LLC, et al. Accession Number: 20190627–5195. Comments Due: 5 p.m. ET 7/18/19. Docket Numbers: ER10–2531–010. Filed Date: 6/27/19. Docket Numbers: ER19–2277–000. Applicants: Cedar Creek Wind Accession Number: 20190627–5223. Applicants: ITC Midwest LLC. Energy, LLC. Comments Due: 5 p.m. ET 8/26/19. Description: § 205(d) Rate Filing: ITC Description: Updated Market Power Docket Numbers: ER18–2362–003. Midwest Filing of Unexecuted Analysis for the Northwest Region of Applicants: NTE Ohio, LLC. Communications Sharing Agreement to Cedar Creek Wind Energy, LLC. Description: Compliance filing: be effective 6/28/2019. Filed Date: 6/27/19. compliance to 3 to be effective 7/1/2019. Filed Date: 6/27/19. Filed Date: 6/27/19. Accession Number: 20190627–5216. Accession Number: 20190627–5200. Comments Due: 5 p.m. ET 8/26/19. Accession Number: 20190627–5143. Comments Due: 5 p.m. ET 7/18/19. Comments Due: 5 p.m. ET 7/18/19. Docket Numbers: ER10–2502–007; Docket Numbers: ER19–2278–000. Docket Numbers: ER19–31–002. ER10–2472–006; ER10–2473–006; Applicants: Southwest Power Pool, Applicants: Oregon Clean Energy, ER11–2724–007; ER11–4436–005; Inc. LLC. ER18–2518–002; ER19–645–001. Description: § 205(d) Rate Filing: Description: Compliance filing: Applicants: Black Hills Colorado 2155R1 Sunflower Electric Power Settlement Compliance Filing to be Electric, LLC, Black Hills Colorado IPP, Corporation NITSA and NOA to be effective 12/1/2018. LLC, Black Hills Colorado Wind, LLC, effective 6/1/2019. Filed Date: 6/28/19. Black Hills Electric Generation, LLC, Filed Date: 6/28/19. Black Hills Power, Inc., Black Hills Accession Number: 20190628–5086. Accession Number: 20190628–5047. Wyoming, LLC, Cheyenne Light Fuel & Comments Due: 5 p.m. ET 7/19/19. Comments Due: 5 p.m. ET 7/19/19. Power Company. Docket Numbers: ER19–1044–002. Docket Numbers: ER19–2279–000. Description: Updated Market Power Applicants: Telocaset Wind Power Applicants: Bruce Power Inc. Analysis of the Black Hills MBR Sellers Partners, LLC. Description: § 205(d) Rate Filing: for the Northwest Region. Description: Updated Market Power Request for Cat. 1 Seller Status in the Filed Date: 6/27/19. Analysis for the Northwest Region of SW Region & Revised MBR Tariff to be Accession Number: 20190627–5237. Telocaset Wind Power Partners, LLC. effective 6/29/2019. Comments Due: 5 p.m. ET 8/26/19. Filed Date: 6/27/19. Filed Date: 6/28/19. Docket Numbers: ER11–4475–013. Accession Number: 20190627–5219. Accession Number: 20190628–5077. Applicants: Rockland Wind Farm Comments Due: 5 p.m. ET 8/26/19. Comments Due: 5 p.m. ET 7/19/19. LLC. Docket Numbers: ER19–1513–001. Docket Numbers: ER19–2280–000. Description: Updated Market Power Applicants: San Diego Gas & Electric Applicants: NorthWestern Analysis for the Northwest Region of Company. Corporation. Rockland Wind Farm LLC. Description: Tariff Amendment: Description: Tariff Cancellation: Filed Date: 6/27/19. Appendix XII Protocols to be effective Notice of Cancellation: SA 850, Firm Accession Number: 20190627–5214. 6/1/2019. Point-to-Point Agreement with Energy Comments Due: 5 p.m. ET 8/26/19. Filed Date: 6/27/19. Keeper to be effective 9/1/2019. Docket Numbers: ER14–1656–011. Accession Number: 20190627–5199. Filed Date: 6/28/19. Applicants: CSOLAR IV WEST, LLC. Comments Due: 5 p.m. ET 7/18/19. Accession Number: 20190628–5087. Description: Updated Market Power Docket Numbers: ER19–1700–000. Comments Due: 5 p.m. ET 7/19/19. Analysis for the Southwest Region of Applicants: Midcontinent Docket Numbers: ER19–2281–000. CSOLAR IV West, LLC. Independent System Operator, Inc., Applicants: New York State Electric & Filed Date: 6/27/19. Ameren Illinois Company. Gas Corporation. Accession Number: 20190627–5229. Description: Amendment of Ameren Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 8/26/19. Services Company, on behalf of Ameren NYSEG–NYPA Attachment C—O&M Docket Numbers: ER15–2267–002. Illinois Company to Clarify April 29, Annual Update to be effective 9/1/2019.

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Filed Date: 6/28/19. Filed Date: 6/28/19. Filings Instituting Proceedings Accession Number: 20190628–5142. Accession Number: 20190628–5088. Docket Number: PR19–45–003. Comments Due: 5 p.m. ET 7/19/19. Comments Due: 5 p.m. ET 7/19/19. Applicants: EnLink LIG, LLC. Docket Numbers: ER19–2282–000. Docket Numbers: ER19–2289–000. Description: Tariff filing per Applicants: New York Independent Applicants: KES Kingsburg, L.P. 284.123(b),(e)+(g): 2nd Amended of Description: Compliance filing: System Operator, Inc., PJM Petition for Rate and SOC to be effective Updated Market Power Analysis for the Interconnection, L.L.C. 6/27/2019. SW Region & New eTariff Baseline to be Description: § 205(d) Rate Filing: 205 Filed Date: 6/27/19. NYISO PJM joint JOA tariff revisions to effective 6/29/2019. Filed Date: 6/28/19. Accession Number: 20190627–5111. be effective 9/16/2019. Comments Due: 5 p.m. ET 7/18/19. Filed Date: 6/28/19. Accession Number: 20190628–5147. Comments Due: 5 p.m. ET 8/27/19. 284.123(g) Protest Due: 5 p.m. ET 7/ Accession Number: 20190628–5089. 18/19. Comments Due: 5 p.m. ET 7/19/19. Take notice that the Commission received the following electric securities Docket Number: PR19–66–000. Docket Numbers: ER19–2283–000. Applicants: Public Service Company Applicants: Indiana Michigan Power filings: Docket Numbers: ES19–32–000. of Colorado. Company, AEP Indiana Michigan Description: Tariff filing per Transmission Company, PJM Applicants: New York State Electric & Gas Corporation, Rochester Gas & 284.123(b),(e)+(g): Statement of Rates— Interconnection, L.L.C. 6.1.19 GRSA Change to be effective 6/ Description: § 205(d) Rate Filing: AEP Electric Corporation, Central Maine Power Company, The United 1/2019. submits ILDSA, Service Agreement No. Filed Date: 6/27/19. 1448 with City of Garrett to be effective Illuminating Company. Description: Supplement to June 7, Accession Number: 20190627–5080. 6/1/2019. Comments Due: 5 p.m. ET 7/18/19. Filed Date: 6/28/19. 2019 Application under Section 204 of the Federal Power Act for Authorization 284.123(g) Protests Due: 5 p.m. ET 8/ Accession Number: 20190628–5090. 26/19. Comments Due: 5 p.m. ET 7/19/19. to Issue Securities, et al. of Avangrid Docket Numbers: CP19–483–000. Docket Numbers: ER19–2284–000. Service Company, on behalf of its Applicants: Black Hills/Kansas Gas Applicants: Alabama Power affiliate companies. Utility Company, LLC. Company. Filed Date: 6/27/19. Accession Number: 20190627–5232. Description: Application for Blanket Description: § 205(d) Rate Filing: SWE Comments Due: 5 p.m. ET 7/8/19. Certificate and Settlement of Operating (Cooperative Energy) NITSA Filing to be Conditions of Black Hills/Kansas Gas effective 6/1/2019. The filings are accessible in the Filed Date: 6/28/19. Commission’s eLibrary system by Utility Company, LLC under CP19–483. Accession Number: 20190628–5130. clicking on the links or querying the File Date: 6/26/19. Comments Due: 5 p.m. ET 7/19/19. docket number. Accession Number: 20190626–5134. Any person desiring to intervene or Comments Due: 5 p.m. ET 7/17/19. Docket Numbers: ER19–2285–000. protest in any of the above proceedings Applicants: Alabama Power Docket Numbers: RP19–1339–000. must file in accordance with Rules 211 Company. Applicants: Natural Gas Pipeline and 214 of the Commission’s Description: § 205(d) Rate Filing: SWE Company of America. Regulations (18 CFR 385.211 and (PowerSouth Territorial) NITSA Description: § 4(d) Rate Filing: 385.214) on or before 5:00 p.m. Eastern Amendment Filing (Add CAEC 45 Byrd Amendment to Negotiated Rate Filing— time on the specified comment date. Way DP) to be effective 2/20/2019. The Peoples Gas L&C to be effective 7/ Protests may be considered, but Filed Date: 6/28/19. 1/2019. Accession Number: 20190628–5131. intervention is necessary to become a Filed Date: 6/28/19. Comments Due: 5 p.m. ET 7/19/19. party to the proceeding. Accession Number: 20190628–5000. eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 7/10/19. Docket Numbers: ER19–2286–000. information relating to filing Docket Numbers: RP19–1340–000. Applicants: Vermont Transco LLC. requirements, interventions, protests, Applicants: Viking Gas Transmission Description: Compliance filing: service, and qualifying facilities filings Company. compliance 2019 Exibit A to be effective can be found at: http://www.ferc.gov/ Description: § 4(d) Rate Filing: 2019 7/1/2019. docs-filing/efiling/filing-req.pdf. For NGA Section 4 Rate Case to be effective Filed Date: 6/28/19. other information, call (866) 208–3676 Accession Number: 20190628–5134. 8/1/2019. (toll free). For TTY, call (202) 502–8659. Comments Due: 5 p.m. ET 7/19/19. Filed Date: 6/28/19. Docket Numbers: ER19–2287–000. Dated: June 28, 2019. Accession Number: 20190628–5003. Applicants: Goal Line L.P. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 7/10/19. Description: Compliance filing: Deputy Secretary. The filings are accessible in the Updated Market Power Analysis for the [FR Doc. 2019–14313 Filed 7–3–19; 8:45 am] Commission’s eLibrary system by SW Region & New eTariff Baseline to be BILLING CODE 6717–01–P clicking on the links or querying the effective 6/29/2019. docket number. Filed Date: 6/28/19. Any person desiring to intervene or Accession Number: 20190628–5140. DEPARTMENT OF ENERGY protest in any of the above proceedings Comments Due: 5 p.m. ET 8/27/19. must file in accordance with Rules 211 Docket Numbers: ER19–2288–000. Federal Energy Regulatory and 214 of the Commission’s Applicants: California Independent Commission Regulations (18 CFR 385.211 and System Operator Corporation. Combined Notice of Filings 385.214) on or before 5:00 p.m. Eastern Description: § 205(d) Rate Filing: time on the specified comment date. 2019–06–28 Non-conforming Reliability Take notice that the Commission has Protests may be considered, but Coordinator Service Agreement with received the following Natural Gas intervention is necessary to become a LADWP to be effective 7/1/2019. Pipeline Rate and Refund Report filings: party to the proceeding.

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eFiling is encouraged. More detailed Evening meeting: 7–9 p.m. Pacific chemical substances that are currently information relating to filing Daylight Time, Holiday Inn Express, 550 under EPA review or have recently requirements, interventions, protests, Oro Dam Blvd., Oroville, CA 95965, concluded review. This document service, and qualifying facilities filings 530–534–5566. covers the period from 04/01/2019 to can be found at: http://www.ferc.gov/ The City of Santa Clara, in their role 04/30/2019. docs-filing/efiling/filing-req.pdf. For as California Environmental Quality Act DATES: Comments identified by the other information, call (866) 208–3676 (CEQA) Lead Agency for the project, specific case number provided in this (toll free). For TTY, call (202) 502–8659. will be in attendance at the meetings document must be received on or before Dated: June 28, 2019. and will use feedback on the DEIS, August 5, 2019. Nathaniel J. Davis, Sr., along with other information, for ADDRESSES: Submit your comments, development of the supplemental CEQA Deputy Secretary. identified by docket identification (ID) document. number EPA–HQ–OPPT–2019–0075, [FR Doc. 2019–14315 Filed 7–3–19; 8:45 am] At this meeting, resource agency BILLING CODE 6717–01–P and the specific case number for the personnel and other interested persons chemical substance related to your will have the opportunity to provide comment, by one of the following DEPARTMENT OF ENERGY oral and written comments and methods: recommendations regarding the draft • Federal eRulemaking Portal: http:// Federal Energy Regulatory EIS. The meeting will be recorded by a www.regulations.gov. Follow the online Commission court reporter, and all statements (verbal instructions for submitting comments. and written) will become part of the [Project No. 619–164] Do not submit electronically any Commission’s public record for the information you consider to be Public Meetings Soliciting Comments project. This meeting is posted on the Confidential Business Information (CBI) on the Draft Environmental Impact Commission’s calendar located at http:// or other information whose disclosure is Statement for the Bucks Creek www.ferc.gov/EventCalendar/ restricted by statute. Hydropower Project; Pacific Gas and EventsList.aspx along with other related • Mail: Document Control Office Electric Company and City of Santa information. (7407M), Office of Pollution Prevention Clara, California For further information, contact Alan and Toxics (OPPT), Environmental Mitchnick at (202) 502–6074 or at Protection Agency, 1200 Pennsylvania On June 14, 2019, the Commission [email protected]. Ave. NW, Washington, DC 20460–0001. issued a Notice of Availability of the Dated: June 28, 2019. • Hand Delivery: To make special Draft Environmental Impact Statement Nathaniel J. Davis, Sr., arrangements for hand delivery or (EIS) for the Bucks Creek Hydropower Deputy Secretary. delivery of boxed information, please Project. The draft EIS documents the follow the instructions at http:// views of governmental agencies, non- [FR Doc. 2019–14316 Filed 7–3–19; 8:45 am] BILLING CODE 6717–01–P www.epa.gov/dockets/contacts.html. governmental organizations, affected Additional instructions on commenting Indian tribes, the public, the license 1 or visiting the docket, along with more applicants, and Commission staff. All information about dockets generally, is written comments must be filed by ENVIRONMENTAL PROTECTION AGENCY available at http://www.epa.gov/ August 13, 2019, and should reference dockets. Project No. 619–164. More information [PA–HQ–OPPT–2019–0075; FRL–9992–78] on filing comments can be found in the FOR FURTHER INFORMATION CONTACT: For letter at the front of the draft EIS or on Certain New Chemicals; Receipt and technical information contact: Jim the Commission’s website at http:// Status Information for April 2019 Rahai, Information Management www.ferc.gov/docs-filing/efiling.asp. Division (7407M), Office of Pollution Although the Commission strongly AGENCY: Environmental Protection Prevention and Toxics, Environmental encourages electronic filing, documents Agency (EPA). Protection Agency, 1200 Pennsylvania may also be paper-filed. ACTION: Notice. Ave. NW, Washington, DC 20460–0001; In addition to or in lieu of sending telephone number: (202) 564–8593; written comments, you are invited to SUMMARY: EPA is required under the email address: [email protected]. attend public meetings that will be held Toxic Substances Control Act (TSCA), For general information contact: The to receive comments on the draft EIS. as amended by the Frank R. Lautenberg TSCA-Hotline, ABVI-Goodwill, 422 The daytime meeting will focus on Chemical Safety for the 21st Century South Clinton Ave., Rochester, NY resource agency, Indian tribes, and non- Act, to make information publicly 14620; telephone number: (202) 554– governmental organization comments, available and to publish information in 1404; email address: TSCA-Hotline@ while the evening meeting is primarily the Federal Register pertaining to epa.gov. submissions under TSCA Section 5, for receiving input from the public. All SUPPLEMENTARY INFORMATION: interested individuals and entities are including notice of receipt of a invited to attend one or both of the Premanufacture notice (PMN), I. Executive Summary Significant New Use Notice (SNUN) or public meetings. The time and location A. What action is the Agency taking? of the meetings are as follows: Microbial Commercial Activity Notice (MCAN), including an amended notice This document provides the receipt Thursday, August 1, 2019 or test information; an exemption and status reports for the period from Daytime meeting: 10 a.m.–noon application (Biotech exemption); an 04/01/2019 to 04/30/2019. The Agency Pacific Daylight Time, Feather River application for a test marketing is providing notice of receipt of PMNs, Tribal Health, Holiday Inn Express, exemption (TME), both pending and/or SNUNs and MCANs (including 2145 5th Ave., Oroville, CA 95965, 530– concluded; a notice of commencement amended notices and test information); 534–5394. (NOC) of manufacture (including an exemption application under 40 CFR import) for new chemical substances; part 725 (Biotech exemption); TMEs, 1 18 CFR part 380. and a periodic status report on new both pending and/or concluded; NOCs

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to manufacture a new chemical Under TSCA sections 5 and 8 and cases under EPA review and, in substance; and a periodic status report EPA regulations, EPA is required to particular, the final determination of on new chemical substances that are publish in the Federal Register certain such cases, has increased. In an effort to currently under EPA review or have information, including notice of receipt be responsive to the regulated recently concluded review. of a PMN/SNUN/MCAN (including community, the users of this EPA is also providing information on amended notices and test information); information, and the general public, to its website about cases reviewed under an exemption application under 40 CFR comply with the requirements of TSCA, the amended TSCA, including the part 725 (biotech exemption); an to conserve EPA resources and to section 5 PMN/SNUN/MCAN and application for a TME, both pending streamline the process and make it more exemption notices received, the date of and concluded; NOCs to manufacture a timely, EPA is providing information on receipt, the final EPA determination on new chemical substance; and a periodic its website about cases reviewed under the notice, and the effective date of status report on the new chemical the amended TSCA, including the EPA’s determination for PMN/SNUN/ substances that are currently under EPA section 5 PMN/SNUN/MCAN and MCAN notices on its website at: https:// review or have recently concluded exemption notices received, the date of www.epa.gov/reviewing-new-chemicals- review. receipt, the final EPA determination on under-toxic-substances-control-act-tsca/ the notice, and the effective date of C. Does this action apply to me? status-pre-manufacture-notices. This EPA’s determination for PMN/SNUN/ information is updated on a weekly This action provides information that MCAN notices on its website at: https:// basis. is directed to the public in general. www.epa.gov/reviewing-new-chemicals- B. What is the Agency’s authority for D. Does this action have any under-toxic-substances-control-act-tsca/ taking this action? incremental economic impacts or status-pre-manufacture-notices. This paperwork burdens? information is updated on a weekly Under the TSCA, 15 U.S.C. 2601 et basis. seq., a chemical substance may be either No. an ‘‘existing’’ chemical substance or a III. Receipt Reports ‘‘new’’ chemical substance. Any E. What should I consider as I prepare For the PMN/SNUN/MCANs that chemical substance that is not on EPA’s my comments for EPA? have passed an initial screening by EPA TSCA Inventory of Chemical Substances 1. Submitting confidential business during this period, Table I provides the (TSCA Inventory) is classified as a ‘‘new information (CBI). Do not submit this following information (to the extent that chemical substance,’’ while a chemical information to EPA through such information is not subject to a CBI substance that is listed on the TSCA regulations.gov or email. Clearly mark claim) on the notices screened by EPA Inventory is classified as an ‘‘existing the part or all of the information that during this period: The EPA case chemical substance.’’ (See TSCA section you claim to be CBI. For CBI number assigned to the notice that 3(11).) For more information about the information in a disk or CD–ROM that indicates whether the submission is an TSCA Inventory go to: https:// you mail to EPA, mark the outside of the initial submission, or an amendment, a www.epa.gov/tsca-inventory. disk or CD–ROM as CBI and then Any person who intends to identify electronically within the disk or notation of which version was received, manufacture (including import) a new CD–ROM the specific information that the date the notice was received by EPA, chemical substance for a non-exempt is claimed as CBI. In addition to one the date the notice passed an initial commercial purpose, or to manufacture complete version of the comment that screening by EPA staff, the submitting or process a chemical substance in a includes information claimed as CBI, a manufacturer (i.e., domestic producer or non-exempt manner for a use that EPA copy of the comment that does not importer), the potential uses identified has determined is a significant new use, contain the information claimed as CBI by the manufacturer in the notice, and is required by TSCA section 5 to must be submitted for inclusion in the the chemical substance identity. provide EPA with a PMN, MCAN or public docket. Information so marked As used in each of the tables in this SNUN, as appropriate, before initiating will not be disclosed except in unit, (S) indicates that the information the activity. EPA will review the notice, accordance with procedures set forth in in the table is the specific information make a risk determination on the 40 CFR part 2. provided by the submitter, and (G) chemical substance or significant new 2. Tips for preparing your comments. indicates that this information in the use, and take appropriate action as When preparing and submitting your table is generic information because the described in TSCA section 5(a)(3). comments, see the commenting tips at specific information provided by the TSCA section 5(h)(1) authorizes EPA http://www.epa.gov/dockets/ submitter was claimed as CBI. to allow persons, upon application and comments.html. Submissions which are initial under appropriate restrictions, to submissions will not have a letter manufacture or process a new chemical II. Status Reports following the case number. Submissions substance, or a chemical substance In the past, EPA has published which are amendments to previous subject to a significant new use rule individual notices reflecting the status submissions will have a case number (SNUR) issued under TSCA section of TSCA section 5 filings received, followed by the letter ‘‘A’’ (e.g., P–18– 5(a)(2), for ‘‘test marketing’’ purposes, pending or concluded. In 1995, the 1234A). The version column designates upon a showing that the manufacture, Agency modified its approach and submissions in sequence as ‘‘1’’, ‘‘2’’, processing, distribution in commerce, streamlined the information published ‘‘3’’, etc. Note that in some cases, an use, and disposal of the chemical will in the Federal Register after providing initial submission is not numbered as not present an unreasonable risk of notice of such changes to the public and version 1; this is because earlier injury to health or the environment. an opportunity to comment (See the version(s) were rejected as incomplete This is referred to as a test marketing Federal Register of May 12, 1995, (60 or invalid submissions. Note also that exemption, or TME. For more FR 25798) (FRL–4942–7). Since the future versions of the following tables information about the requirements passage of the Lautenberg amendments may adjust slightly as the Agency works applicable to a new chemical go to: to TSCA in 2016, public interest in to automate population of the data in http://www.epa.gov/oppt/newchems. information on the status of section 5 the tables.

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TABLE I—PMN/SNUN/MCANS APPROVED * FROM 04/01/2019 TO 04/30/2019

Case No. Version Received date Manufacturer Use Chemical substance

J–19–0021 ... 1 4/3/2019 CBI ...... (S) Ethanol production ...... (G) Saccharomyces cerevisiae strain. J–19–0022 ... 1 4/3/2019 CBI ...... (S) Ethanol production ...... (G) Saccharomyces cerevisiae strain. P–16–0326A 4 4/1/2019 Firmenich, Inc ...... (G) As part of a fragrance formula ...... (S) Propanoic acid, 2,2-dimethyl-,-1-methyl-2- (1-methylethoxy)-2-oxoethyl ester. P–16–0425A 3 3/25/2019 CBI ...... (G) A chemical reactant used in manufacturing (G) Amino-silane. a polymer. P–16–0429A 4 4/23/2019 CBI ...... (G) Universal tint paste resin having high sol- (G) Endcapped polysiloxane. ids. P–16–0470A 2 3/29/2019 Firmenich, Inc ...... (G) As part of a fragrance formula ...... (S) 2,7-Nonadien-4-ol, 4,8-dimethyl-. P–17–0152A 7 3/27/2019 CBI ...... (G) Additive in-home care products ...... (G) Poly-(2-methyl-1-oxo-2-propen-1-yl) ester with Ethanaminium, N,N,N-trialkyl, chloride and methoxypoly(oxy-1,2-ethanediyl). P–17–0220A 3 3/26/2019 CBI ...... (G) Additive, open, non-dispersive use ...... (G) 2-Oxepanone, reaction products with alkylenediamine-alkyleneimine polymer, 2- [[(2-alkyl)oxy]alkyl]oxirane and tetrahydro- 2H-pyran-2-one. P–17–0239A 5 3/26/2019 CBI ...... (G) Adhesive for open non-descriptive use ..... (G) Substituted carboxylic acid, polymer with 2,4-diisocyanato-1-methylbenzene, hexanedioic acid, alpha-hydro-omega- hydroxypoly[oxy(methyl-1,2-ethanediyl)], 1,1′-methylenebis[4-isocyanatobenzene], 2,2′-oxybis[ethanol], 1,1′-oxybis[2-propanol] and 1,2-propanediol. P–17–0245A 6 4/9/2019 CBI ...... (G) Adhesive for open, non-dispersive use ..... (G) Unsaturated polyfluoro ester. P–17–0249A 5 4/22/2019 CBI ...... (G) Open, dispersive use ...... (G) Acid-neutralized, amine-functional acrylic polymer. P–17–0253A 3 4/16/2019 CBI ...... (G) The polymer will be produced and sold to (G) Oxirane, 2-methyl-, polymer with oxirane, the customer in liquid form. Customers will methyl 2-(substituted carbomonocycle then blend the polymer to enhance formula- isoquinolin-2(3H)-yl) propyl ether. tion solubilization Properties. P–17–0380A 3 4/22/2019 CBI ...... (G) Open, non-dispersive use ...... (G) Amine- and hydroxy-functional acrylic polymer. P–17–0381A 3 4/22/2019 CBI ...... (G) Open, non-dispersive use ...... (G) Hydroxy acrylic polymer, methanesulfonates. P–17–0396A 4 4/5/2019 CBI ...... (S) Intermediate for a polyurethane catalyst .... (G) Aminoalkylated imidazole. P–18–0010A 3 4/5/2019 CBI ...... (S) Polyurethane catalyst ...... (G) Aminoalkylated imidazole, N-Me derivs. P–18–0084A 5 4/2/2019 ShayoNano USA, Inc .. (S) Additive for paints and coatings ...... (S) Silicon zinc oxide. P–18–0086A 2 4/5/2019 CBI ...... (S) Intermediate for a polyurethane catalyst .... (G) Propanenitrile, polyalkylpolyamine. P–18–0091A 3 4/17/2019 Resinate Materials (S) Intermediate for use in the manufacture of (G) Vegetable oil, polymers with diethylene Group, Inc. polymers. glycol- and polyol- and polyethylene glycol- depolymd. poly(ethylene terephthalate) waste plastics and arylcarboxylic acid anhy- dride. P–18–0101A 5 3/22/2019 CBI...... (G) Industrial...... (G) Pentaerythritol, mixed esters with linear and branched fatty acids. P–18–0122A 5 4/10/2019 Polymer Ventures, Inc (G) Paper additive ...... (G) Alkylamide, polymer with alkylamine, form- aldehyde, and polycyanamide, alkyl acid salt. P–18–0151A 4 4/1/2019 Struers, Inc ...... (S) A curing agent for curing epoxy systems .. (S) Formaldehyde, reaction products with 1,3- benzenedimethanamine and p-tert-butyl- phenol. P–18–0154A 6 4/5/2019 CBI ...... (G) Crosslinking agent for coatings ...... (G) Isocyanic acid, polyalkylenepolycycloalkylene ester, 2- alkoxy alkanol and 1-alkoxy alkanol and al- kylene diol blocked. P–18–0168A 4 3/22/2019 CBI ...... (G) Color additive ...... (G) Alkoxylated triaryl methane. P–18–0174A 2 4/16/2019 CBI ...... (G) Oilfield applications ...... (G) Enzyme. P–18–0188A 2 4/11/2019 Allnex USA, Inc ...... (S) Adhesion and scratch resistance ...... (G) Alkyl substituted alkenoic acid, alkyl ester, polymer with alkanediol alkyl-alkenoate, re- action products with alkenoic acid, isocyanato-(isocyanatoalkyl)-alkyl sub- stituted carbomonocycle and substituted alkanediol. P–18–0228A 3 3/26/2019 CBI...... (G) Tackifier...... (G) Branched alkenyl acid, alkyl ester, homopolymer. P–18–0229A 3 3/26/2019 CBI...... (G) Tackifier...... (G) Modified branched alkenyl acid, alkyl ester, homopolymer. P–18–0237A 7 3/23/2019 CBI ...... (G) Use in print resins ...... (G) Alkanediol, polymer with 5-isocyanato-1- (isocyanatomethyl)-1,3,3- trimethylcyclohexane, alkylaminoalkyl meth- acrylate-, and dialkylheteromonocycle- blocked. P–18–0258A 3 4/10/2019 CBI ...... (G) Copolyamide for Packaging Films; (G) Co- (G) Dioic acids, polymers with caprolactam polyamide for Monofilament; (G) Copoly- and alkyldiamines. amide for Molding Parts. P–18–0259A 3 4/10/2019 CBI ...... (G) Copolyamide for Packaging Films; (G) Co- (G) Fatty acids, dimers, hydrogenated, poly- polyamide for Monofilament; (G) Copoly- mers with caprolactam and alkyl diamine. amide for Molding Parts. P–18–0266A 3 4/9/2019 Sasol Chemicals (S) Additive, Rubber and Tire manufacturing; (S) Alkanes, C20–45 branched and linear. (USA), LLC. Additive, Casting Wax; Thread Lubricant. P–18–0281A 2 4/17/2019 CBI ...... (G) Electrolyte additive ...... (G) Cyclic sulfate.

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TABLE I—PMN/SNUN/MCANS APPROVED * FROM 04/01/2019 TO 04/30/2019—Continued

Case No. Version Received date Manufacturer Use Chemical substance

P–18–0299A 2 4/8/2019 CBI ...... (G) Ink additive ...... (G) Alkenoic acid, alkyl-, polymers with alkyl methacrylate, cycloalkyl methacrylate, alkyl- ene dimethacrylate, and polyalkene glycol hydrogen sulfate [(branched alkyloxy)alkyl]- (alkenyloxy)alkyl ethers ammonium salts, metal salts. P–18–0302A 3 4/5/2019 CBI ...... (G) Chemical intermediate ...... (S) D-glucaric acid, ammonium salt (1:1). P–18–0305A 2 4/23/2019 CBI ...... (G) Component of ink ...... (G) Alkenoic acid, alkyl-,alkyl ester, polymer with alkyl alkenoate, substituted heteromonocycycle, substituted carbomonocycle, substituted alkanediol and alkenoic acid, alkali metal salt. P–18–0312A 4 3/29/2019 CBI ...... (G) Dispersing agent ...... (G) Formaldehyde, polymer with 2- phenoxyalkanol and .alpha.-phenyl-.omega. hydroxypoly(oxy-1,2-alkylnediyl), dihydrogen phosphate 2-phenoxyalkyl hydrogen phos- phate, alkaline salt. P–18–0326A 3 3/26/2019 CBI ...... (G) Chemical Intermediate ...... (G) Alkanoic acid, alkyl ester, manuf. of, by- products from, distn. residues. P–18–0331A 2 4/17/2019 Evonik Corporation ..... (S) Substrate wetting and anti-cratering addi- (S) Siloxanes and Silicones, di-Me, 3-(4-hy- tive for inks. droxy-3-methoxyphenyl)propyl Me, ethoxylated propoxylated. P–18–0359A 2 3/28/2019 CBI ...... (G) Molded or extruded items ...... (G) Methoxy Vinyl Ether-Vinylidene Fluoride polymer. P–18–0378A 3 4/24/2019 CBI ...... (G) Industrial coatings additive ...... (G) Acrylic and Methacrylic acids and esters, polymer with alkenylimidazole, alkyl polyalkylene glycol, alkenylbenzene, alkylbenzeneperoxoic acid ester initiated, compds. with Dialkylaminoalkanol. P–18–0380A 5 3/26/2019 CBI ...... (G) Automotive brake parts (contained use) .... (G) Butanoic acid ethyl amine. P–18–0383A 3 3/27/2019 CBI ...... (G) Coatings and inks for commercial use ...... (G) Dialkyl-alkanediamine, polymer with [(oxo- alkenyl)oxy]poly(oxy-alkanediyl)ether with bis(hydroxyalkyl)-alkanediol. P–18–0385A 3 4/11/2019 Colonial Chemical, Inc (S) Liquid Laundry ...... (S) D-Glucopyranose, oligomeric, Bu glycosides polymers with epichlorohydrin, 2- hydroxy-3-sulfopropyl ethers, sodium salts. P–18–0398A 2 4/5/2019 CBI ...... (S) Intermediate ...... (S) 1,2-Ethanediamine, N-(1-methylethyl)-N-[2- [(1-methylethyl)amino]ethyl]-. P–18–0402A 4 4/24/2019 CBI ...... (G) Fuel additive ...... (G) Phenol, alkanepolyolbis(heteroalkylene)bis-, polyalkylene derivs. P–18–0404A 6 3/25/2019 CBI ...... (S) The substance is part of a mixture with (G) Alkylmultiheteroatom,2-functionalisedalkyl- other amines to act as a curative for a 2- 2-hydroxyalkyl-, polymer with part epoxy formulation. The intended use is alkylheteroatom-multialkylfunctionalised the manufacture of wind turbine blades. carbomonocyleheteroatom and During manufacture of the blades this sub- multiglycidylether difunctionalised stance forms part of the in-mold coating polyalkylene glycol. system which is applied to the blade mold and further laminated with glass (or carbon) reinforced fibres (GRP). The manufactured structure is then ‘cured’ using heat and a chemical reaction occurs forming a solid composite structure. The PMN substance is reacted during the cure process into the solid plastic matrix and therefore not present in the finished cured part. Use of this product will enhance the life of re- newable energy source provided by wind turbines therefore contributing to the reduc- tion in fossil fuel usage. P–18–0405A 3 4/4/2019 CBI ...... (G) Adhesive ...... (S) Phenol, 4,4′-(1-methylethylidene)bis-, poly- mer with 3,6,9,12-tetraoxatetradeca-1,13- diene, glycidyl ether. P–18–0406A 3 3/28/2019 CBI...... (G) Initiator...... (G) Formaldehyde, polymer with alkyl aryl ketones. P–18–0407A 2 4/5/2019 CBI ...... (S) Polyurethane catalyst ...... (S) 1,2-Ethanediamine, N,N-dimethyl-N-(1- methylethyl)-N-[2-[methyl(1- methylethyl)amino]ethyl]-. P–19–0012A 10 4/29/2019 CBI ...... (S) Resin component for the polyisocyanurate; (G) Benzenedicarboxylic acid, rection products Resin component in specialty polyurethane with isobenzofurandione and diethylene gly- kits and systems for aerospace and military col. applications. P–19–0020A 4 4/29/2019 CBI ...... (G) Lubricating additive ...... (G) Alkylphenol, reaction products with carbon dioxide, distn. residues from manuf. of alkylphenol derivs. and calcium alkylphenol derivs.

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TABLE I—PMN/SNUN/MCANS APPROVED * FROM 04/01/2019 TO 04/30/2019—Continued

Case No. Version Received date Manufacturer Use Chemical substance

P–19–0024A 2 4/8/2019 Sales And Distribution (S) Hot Mix Asphalt Application: The PMN (S) Silsesquioxanes, 3- Services, Inc. compound will be used as asphalt additive (dimethyloctadecylammonio)propyl Me Pr, for hot mix (HMA) as well as cold mix polymers with silicic acid (H4Si04) tetra-Et (CMA) asphalt applications; Asphalt Emul- ester, (2-hydroxyethoxy)- and sion Application: The PMN substance is methoxyterminated, chlorides. water soluble and can be used as an as- phalt emulsion in road construction; Water- proofing Application: The PMN substance is expected to be used in waterproofing of building materials, including cementitious material, masonry, concrete, plaster, bricks, etc. P–19–0027A 4 3/26/2019 Allnex USA, Inc ...... (S) The PMN substance is an isolated inter- (G) Substituted Carbomoncycle, polymer with mediate incorporated as a component in haloalkyl substituted heteromonocycle, several allnex coating resin products that dialkyl-alkanediamine and hydro- are only applied by Cathodic hydroxypoly[oxy(alkylalkanediyl)], reaction Electrodeposition (CED) and used as addi- products with metal oxide and tives for corrosion protection. dialkanolamine, acetates (salts). P–19–0030A 5 4/24/2019 CBI ...... (G) Water Systems ...... (G) Triethanolamine modified Phosphinicocarboxylates, sodium salts. P–19–0031A 6 3/27/2019 CBI ...... (S) Curing agent for epoxy coating systems ... (G) Phenol, 4,4′-(1-methylethylidene)bis-, poly- mer with formaldehyde, 2- (chloromethyl)oxirane, alpha-hydro-omega- hydroxypoly(oxy-1,2-ethanediyl), and polyamines. P–19–0034A 4 4/11/2019 CBI ...... (G) Contained use as a component of tires .... (G) Metal, bis(2,4-pentanedionato-kO2,kO4)-, (T-4)-. P–19–0035A 4 3/28/2019 Firmenich, Inc ...... (G) Fragrance ...... (S) Acetamide, 2-(4-methylphenoxy)-N-1H- pyrazol-3-yl-N-(2-thienylmethyl)-. P–19–0036A 2 3/28/2019 Ethox Chemicals, LLC (S) As an additive to polymers for improve- (S) 1,4-Benzenedicarboxylic acid, 1,4-bis(2- ment in gas barrier performance. phenoxyethyl) ester. P–19–0045A 2 4/3/2019 CBI ...... (G) Component of textile coating ...... (G) Non-metal tetrakis (hydroxyalkyl)-, halide, polymer with amide oxidized. P–19–0046A 2 4/24/2019 Kluber Lubrication (G) Lubricating agent; Degreasing agent ...... (S) 1,2,4-Benzenetricarboxylic acid, mixed North America, L.P. decyl and octyl trimesters. P–19–0049A 3 4/3/2019 Allnex USA, Inc ...... (G) Isolated intermediate coating resin ...... (G) Fatty acids, polymers with substituted carbomonocycles, dialkanolamine, alkyl substituted alkanediamine and halo-sub- stituted heteromonocycle, formates (salts). P–19–0051A 4 4/4/2019 CBI ...... (G) UV curable inks ...... (G) 1,3-Propanediamine, N1,N1-dimethyl-, polymers with alkylene glycol ether with alkyltriol (3:1) mixed acrylates and adipates, and alkylene glycol monoacrylate ether with alkyltriol (3:1). P–19–0053A 3 4/14/2019 Wacker Chemical Cor- (S) Used as a surface treatment, sealant, (S) 1-Butanamine, N-butyl-N-[(triethoxysilyl) poration. caulk, and coating for mineral building ma- methyl]-. terials such as concrete, brick, limestone, and plaster, as well as on wood, metal and other substrates. Formulations containing the cross-linker provide release and anti- graffiti properties, water repellency, weather proofing, and improved bonding in adhe- sive/sealant applications. The new sub- stance is a moisture curing cross-linking agent which binds/joins polymers together when cured. Ethanol is released during cure, and once the cure reaction is com- plete, the product will remain bound in the cured polymer matrix. P–19–0056A 2 4/5/2019 Neste Oil US, Inc ...... (G) The PMN substance will be imported as a (G) Aliphatic hydrocarbons, C8-20-branched raw material for manufacturing other ali- and linear. phatic hydrocarbons. P–19–0057A 2 4/5/2019 CBI ...... (G) Treatment chemical ...... (G) Alkanamine, [(Alkoxy)alkoxy]alkyl] alkyl. P–19–0060A 2 4/5/2019 Neste Oil US, Inc ...... (G) The PMN substance will be used as fuel .. (G) Aliphatic hydrocarbons, C8-18-branched and linear. P–19–0061A 2 4/5/2019 Neste Oil US, Inc ...... (G) The PMN substance will be used as fuel .. (G) Aliphatic hydrocarbons, C16-20-branched and linear. P–19–0067A 3 4/3/2019 CBI ...... (G) On site consumption as a raw material in (G) Triglyceride, reactions products with the production of downstream chemicals; diethylenetriamine. Production of oil soluble corrosion inhibitors; Production of water-soluble corrosion inhibi- tors. P–19–0067A 4 4/17/2019 CBI ...... (G) On site consumption as a raw material in (G) Triglyceride, reactions products with the production of downstream chemicals; diethylenetriamine. Production of oil soluble corrosion inhibitors; Production of water-soluble corrosion inhibi- tors. P–19–0068 .. 2 4/16/2019 Dayglo Color Corp ...... (G) Polymeric Dye Carrier ...... (G) 1,4-benzenedicarboxylic acid, polymer with diol, 5-amino-1,3,3- trimethylcyclohexanemethanamine, 1,2- ethanediol and urea.

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TABLE I—PMN/SNUN/MCANS APPROVED * FROM 04/01/2019 TO 04/30/2019—Continued

Case No. Version Received date Manufacturer Use Chemical substance

P–19–0069A 2 4/2/2019 CBI ...... (G) Curing agent for coatings ...... (G) Diisocyanatoalkane, homopolymer, di-alkyl malonate- and alkyl acetoacetate-blocked, isoalkyl methylalkyl esters. P–19–0070A 2 4/3/2019 CBI ...... (G) Curing agent for coatings ...... (G) Oxacyclanone, polymer with diisocyanatoalkane, and alkyl- (substitutedalkyl)-polyol, di-alkyl malonate- and alkyl acetoacetate-blocked, alkyl esters. P–19–0071A 2 4/2/2019 CBI ...... (G) Physical property modifier for polymers .... (G) Trimethylolpropane, alkenoic acid, triester. P–19–0073 .. 1 3/29/2019 CBI ...... (G) Polymer coatings additive—low foaming (G) Propoxylated, ethoxylated alkoxyalkyl wetting agent. ether. P–19–0073A 2 4/5/2019 CBI ...... (G) Polymer coatings additive—low foaming (G) Propoxylated, ethoxylated alkoxyalkyl wetting agent. ether. P–19–0074 .. 2 4/19/2019 CBI ...... (S) Swelling agent for the dyeing of polyester (G) Poly(oxyalkylenediyl), carbomonocyclic and blend fibers. acid, 2-(aminocarbonyl)-alkyl. P–19–0075 .. 1 4/2/2019 Allnex USA, Inc ...... (S) The PMN substance is an intermediate in- (G) Substitued corporated as a component in VIACRYL SC polyalkylenepolycarbomonocycle ester, 6841. polymer with dialkanolamine, (hydroxyalkoxy)carbonyl] derivs., (alkoxyalkoxy) alkanol-blocked. P–19–0075A 2 4/11/2019 Allnex USA, Inc ...... (S) The PMN substance is an intermediate in- (G) Alkenoic acid, alkyl-, (alkylamino)alkyl corporated as a component in VIACRYL SC ester, polymer with alkyl substituted 6841. carbomonocycle, substituted-[alkanenitrile]- initiated, formates. P–19–0076 .. 1 4/11/2019 CBI ...... (G) An ingredient used in the manufacture of (G) Sulfonium, bis(dihalo-carbomonocycle) photoresist. carbomonocycle, salt with dihalo substituted alkyl carbopolycyclic carboxylate (1:1). P–19–0077 .. 2 4/22/2019 CBI ...... (G) Agricultural ...... (G) Alkenylamide. P–19–0078 .. 1 4/18/2019 Shin-Etsu Microsi ...... (G) Polymer for photoresist ...... (G) Substituted heterocyclic onium compound, salt with 2,2,2-trifluoro-1-(sulfomethyl)-1- (trifluoromethyl)ethyl 3-[(2-methyl-1-oxo-2- propen-1-yl)oxy]tricycle[3.3.1.13,7]decane-1- carboxylate (1:1), polymer with acenaph- thylene, 1-ethenyl-4-[(1-ethylcyclopentyl) oxy]benzene and 4-ethenylphenol, di-Me 2,2′-(1,2-diazenediyl)bis[2- methylpropanoate]-initiated. P–19–0079 .. 1 4/22/2019 Shin-Etsu Microsi ...... (G) Polymer for photoresist ...... (G) Substituted heterocyclic onium compound, salt with 2,2,2-trifluoro-1-(sulfomethyl)-1- (trifluoromethyl)ethyl 3-[(2-methyl-1-oxo-2- propen-1-yl)oxy]tricyclo[3.3.1.13,7]decane-1- carboxylate (1:1), polymer with acenaph- thylene, 1-ethenyl-4-[[1-(1-methylethyl)cyclo- pentyl]oxy]benzene and 4-ethenylphenol, di- Me 2,2′-(1,2-diazenediyl)bis[2- methylpropanoate]-initiated. P–19–0080 .. 1 4/22/2019 CBI ...... (G) Hydrocarbon fuel marker dye ...... (G) Tetra (substituted phenoxy) Phthalocyanine. * The term ‘Approved’ indicates that a submission has passed a quick initial screen ensuring all required information and documents have been provided with the submission prior to the start of the 90 day review period, and in no way reflects the final status of a complete submission review.

In Table II of this unit, EPA provides to the NOC including whether the submitter in the NOC, a notation of the the following information (to the extent submission was an initial or amended type of amendment (e.g., amendment to that such information is not claimed as submission, the date the NOC was generic name, specific name, technical CBI) on the NOCs that have passed an received by EPA, the date the NOC contact information, etc.) and chemical initial screening by EPA during this passed an initial screening, the date of substance identity. period: The EPA case number assigned commencement provided by the TABLE II—NOCS APPROVED * FROM 04/01/2019 TO 04/30/2019

Commencement If amendment, type Case No. Received date date of amendment Chemical substance

P–08–0099 ...... 04/26/2019 12/10/2017 ...... (S) 1,4-benzenedicarboxylic acid, polymer with 1,2-ethanediol, 2,5-furandione, 2,2′-oxybis(ethanol) and 1,2-propanediol. P–12–0579 ...... 04/25/2019 10/20/2014 ...... (S) L-Alaninamide, N-[(phenylmethoxy)carbonyl]glycyl-N-[(1S)-1- formyl-2-(4-hydroxyphenyl)ethyl]. P–13–0410 ...... 04/25/2019 09/02/2015 ...... (S) L-Alaninamide, N-[(phenylmethoxy)carbonyl]glycyl-N-[2-hy- droxy-1-[(4-hydroxypheny)methyl]-2-sulfoethyl]-, sodium salt (1:1). P–16–0192 ...... 04/12/2019 04/09/2019 ...... (S) Polysulfides, bis[3-(triethoxysilyl)propyl], hydrolysis products with silica. P–16–0222A ...... 04/10/2019 06/26/2016 Updated CBI substantiation ...... (G) Alkanedioic acid, polymer with substituted heteromonocycle, AAAA±-hydro-AA-hydroxypoly(oxy-1,2-ethanediyl) ether with substituted alkanediol and substituted bis[carbomonocycle], alkanoate. P–16–0337A ...... 04/26/2019 03/28/2018 Updated CBI substantiation ...... (G) Aliphatic acrylate.

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TABLE II—NOCS APPROVED * FROM 04/01/2019 TO 04/30/2019—Continued

Commencement If amendment, type Case No. Received date date of amendment Chemical substance

P–16–0338A ...... 04/12/2019 04/23/2017 Updated CBI substantiation ...... (G) Xanthylium, (sulfoaryl)-bis [(substituted aryl) amino]-, sulfo derivs., inner salts, metal salts. P–16–0339A ...... 04/12/2019 04/23/2017 Updated CBI substantiation ...... (G) Substituted triazinyl metal salt, diazotized, coupled with sub- stituted pyridobenzimidazolesulfonic acids, substituted pyridobenzimidazolesulfonic acids, diazotized substituted alkanesulfonic acid, diazotized substituted aromatic sulfonate, diazotized substituted aromatic sulfonate, metal salts. P–16–0577A ...... 04/17/2019 11/09/2017 Updated CBI substantiation ...... (G) Alkyl polyamine. P–17–0326A ...... 04/09/2019 01/16/2018 Updated CBI substantiation ...... (G) Allyloxymethylacrylate P–18–0132 ...... 04/22/2019 04/17/2019 ...... (G) Substituted Benzene, 4-methoxy-2-nitro-5-[2-[(1e)-1-[[(2- methoxyphenyl)amino]carbonyl]-2-oxopropylidene]hydrazinyl]-, sodium salt (1:1). P–18–0168 ...... 04/05/2019 04/02/2019 ...... (G) Alkoxylated triaryl methane. P–18–0233A ...... 04/01/2019 02/13/2019 Updated CBI substantiation ...... (G) Alkyl alkenoic acid, alkyl ester, telomer with alkylthiol, sub- stituted carbomonocycle, substituted alkyl alkyl alkenoate and hydroxyalkyl alkenoate, tert-butyl alkyl peroxoate-initiated. P–18–0379 ...... 04/16/2019 04/09/2019 ...... (G) Cashew, nutshell liq., polymer with epichlorohydrin, amines, formaldehyde and glycol. P–19–0007 ...... 04/26/2019 04/21/2019 ...... (G) Alkenoic acid, alkyl-, hydroxyalkyl ester, polymer with alkyl- alkenoate, alkenylcarbomonocycle, hydroxyalkyl-alkenoate, alkyl substituted alkenoate and heteromonocycle, alkyl sub- stituted peroxoate-initiated, polymers with [substituted alkanenitrile]-initiated acrylic acid-alkane acrylates-alkyl sub- stituted carbomoncycle polymer. P–19–0008 ...... 04/17/2019 04/17/2019 ...... (G) Substituted polyalkylenepolycarbomonocycle ester, polymer with dialkanolamine, (hydroxyalkoxy)carbonyl] derivs., (alkoxyalkoxy) alkanol-blocked. P–19–0009 ...... 04/22/2019 04/20/2019 ...... (G) Carbonmonocycles, polymer with haloalkyl substituted heteromonocycle and hydro-hydroxypoly[oxy(alkyl-alkanediyl)], dialkyl-alkanediamineterminated, hydroxyalkylated, acetates (salts). P–19–0026 ...... 04/17/2019 04/17/2019 ...... (G) Alkanoic acid, compds. with substituted carbomonocycle- dialkyl-alkanediamine-halo substituted heteromonocycle- polyalkylene glycol polymerdialkanolamine reaction products. P–19–0027 ...... 04/17/2019 04/17/2019 ...... (G) Substituted carbomoncycle, polymer with haloalkyl substituted heteromonocycle, dialkyl-alkanediamine and hydro- hydroxypoly[oxy(alkylalkanediyl)], reaction products with metal oxide and dialkanolamine, acetates (salts). * The term ‘Approved’ indicates that a submission has passed a quick initial screen ensuring all required information and documents have been provided with the submission.

In Table III of this unit, EPA provides passed an initial screening by EPA received by EPA, the type of test the following information (to the extent during this time period: The EPA case information submitted, and chemical such information is not subject to a CBI number assigned to the test information; substance identity. claim) on the test information that have the date the test information was TABLE III—TEST INFORMATION RECEIVED FROM 04/01/2019 TO 04/30/2019

Case No. Received date Type of test information Chemical substance

P–00–0281 ...... 4/3/2019 Freshwater AAP Algal Medium, Daphnia Sp. Acute Immobilisation Test (OECD (G) Alkylarylsulfonic acid, sodium salts. Test Guideline 202), A 96-Hour Static Acute Toxicity Test with The Fathead Min- now (OECD Test Guideline 203), A 96-Hour Toxicity Test with the Freshwater Alga (OECD Test Guideline 201), Analytical method development, and Surface Tension of Aqueous Solutions (OECD Test Guideline 115). P–11–0063 ...... 4/3/2019 Annual Analyte Test Data ...... (G) Perfluoroalkyl acryalte copolymer. P–16–0150 ...... 4/1/2019 28-day (Subacute) Inhalation Toxicity Study (OECD 412) ...... (G) Chlorofluorocarbon. P–16–0377 ...... 4/17/2019 Standard Test Method for Determination of Particles Resulting from the Attrition of (G) Polyester polyol. Granular Pesticides (ASTM E2316). P–16–0378 ...... 4/17/2019 Standard Test Method for Determination of Particles Resulting from the Attrition of (G) Polyester polyol. Granular Pesticides (ASTM E2316). P–16–0462 ...... 4/17/2019 Metals Analysis Report Quarter 1 2019 ...... (G) Ash (residues), reaction products with tetraethoxydioxa-polyheteroatom- disilaalkane. P–16–0543 ...... 4/17/2019 Exposure Monitoring Report ...... (G) Halogenophosphoric acid metal salt. P–17–0244 ...... 4/1/2019 Guidance Document on Transformation/Dissolution of Metals and Metal Com- (G) Metal oxide reaction products with pounds in aqueous media (OECD). cadmium metal selenide sulfide, and amine. P–18–0293 ...... 4/10/2019 Ready Biodegradability: Manomertric Respirometry Test (OECD 301F) ...... (S) Propanedioic acid, 2-methylene-, 1,3- dihexyl ester. P–18–0294 ...... 4/10/2019 Ready Biodegradability: Manomertric Respirometry Test (OECD 301F) ...... (S) Propanedioic acid, 2-methylene-, 1,3- dicyclohexyl ester. P–18–0351 ...... 4/26/2019 Gas Chromatography study ...... (G) Acrylic acid, tricyclo alkyl ester. P–18–0376 ...... 4/1/2019 Reproduction/Developmental Toxicity Screening Test (OECD 421) ...... (G) Sulfuric acid, aminoalkyl ester. P–18–0391 ...... 4/4/2019 Non-Renewal 96-hour acute toxicity test (OCSPP 850.1075), 48-hour Acute Tox- (S) 1-propanaminium, N-(carboxymethyl)- icity Test (OCSPP 850.1010), 96-Hour Algal Toxicity Test (OCSPP 850.4500). N, N-dimethyl-3-[(3,5, 5-trimethyl-1- oxohexyl), amino]- inner salt.

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TABLE III—TEST INFORMATION RECEIVED FROM 04/01/2019 TO 04/30/2019—Continued

Case No. Received date Type of test information Chemical substance

P–19–0029 ...... 4/5/2019 Freshwater Alga and Cyanobacteria, Growth Inhibition Test (OECD 201), Daphnia (S) Phosphonium, tributylethyl-, diethyl sp., Acute Immobilisation Test (OECD 202), Freshwater Ecotoxicity and Bio- phosphate (1:1). degradation Properties of Some Common Ionic Liquids (OECD 201, 202, 301F), and Acute Oral Toxicity—Acute Toxic Class Method (OECD 423). P–19–0054 ...... 4/17/2019 P2 Model—Environmental Assessment, MALDI Analysis for NAMW, % Amine Ni- (G) Polyamines, reaction products with trogen for PMN Substance, %P (Phosphorus). succinic anhydride polyalkenyl derivs., metal salts, polyamines, reaction prod- ucts with succinic anhydride, polyalkenyl derivs., metal salts. P–19–0071 ...... 4/25/2019 Mammalian Chromosome Aberration Test (OECD 473), Bacterial Reverse Muta- (G) Trimethylolpropane, alkenoic acid, tion Test (OECD 471), In Vitro Mammalian Cell Gene Mutation Tests Using the triester. Thymidine Kinase Gene (OECD 490).

If you are interested in information agency on this project. Therefore, EIS No. 20190154, Draft, FERC, AK, that is not included in these tables, you recirculation of the document is Alaska LNG Project-Draft may contact EPA’s technical necessary under Section 1506.3(b) of Environmental Impact Statement, information contact or general the CEQ Regulations. Comment Period Ends: 08/19/2019, information contact as described under EIS No. 20190148, Final, NPS, FL, Gulf Contact: Office of External Affairs FOR FURTHER INFORMATION CONTACT to Islands National Seashore Final 866–208–3372 access additional non-CBI information Personal Watercraft Plan, Review EIS No. 20190155, Revised Draft, that may be available. Period Ends: 08/05/2019, Contact: USACE, FL, Lake Okeechobee Authority: 5 U.S.C. 2601 et seq. Dan Brown 850–934–2613 Watershed Restoration Project EIS No. 20190149, Final, OSM, UT, Revised Draft Integrated Project Dated: June 26, 2019. Adoption—Alton Coal Tract Lease by Implementation Report and Megan Carroll, Application, Contact: Gretchen Environmental Impact Statement, Acting Director, Information Management Pinkham 303–293–5088. The Office of Comment Period Ends: 08/19/2019, Division, Office of Pollution Prevention and Surface Mining Reclamation and Contact: Dr. Gretchen Ehlinger 904– Toxics. Enforcement (OSMRE) has adopted 232–1682 [FR Doc. 2019–14273 Filed 7–3–19; 8:45 am] the U.S. Bureau of Land Management. EIS No. 20190156, Final, VA, CA, BILLING CODE 6560–50–P Final EIS No. 20180160, filed 07/12/ Adoption—Westside Subway 2018 with the EPA. OSMRE was a Extension Transit Corridor Project cooperating agency on the project and ENVIRONMENTAL PROTECTION Extension of the Existing Metro recirculation of the document is not AGENCY Purple Line and Metro Red Line necessary under Section 1506.3(c) of Heavy Rail Subway Los Angeles [ER–FRL–9045–6] the CEQ Regulations. County Metropolitan Transportation EIS No. 20190150, Draft, USFS, OR, Authority Los Angeles County CA, Environmental Impact Statements; Bear Creek Cluster Allotment Review Period Ends: 08/05/2019, Notice of Availability Management Plans, Comment Period Contact: Glenn Elliott 202–632–5879. Responsible Agency: Office of Federal Ends: 08/19/2019, Contact: Beth Peer The U.S. Department of Veterans Activities, General Information 202– 541–416–6463 Affairs (VA) has adopted the Federal 564–5632 or https://www.epa.gov/ EIS No. 20190151, Final Supplement, Transit Administration Final EIS No. nepa/. USN, HI, Surveillance Towed Array 20120072, filed 03/15/2012 with the Weekly receipt of Environmental Impact Sensor System Low Frequency Active EPA. The VA was not a cooperating Statements (SURTASS LFA) Sonar, Review agency on this project. Therefore, Filed 06/24/2019 Through 06/28/2019 Period Ends: 08/05/2019, Contact: recirculation of the document is Pursuant to 40 CFR 1506.9. Ronald Carmichael 703–695–5269 necessary under Section 1506.3(b) of EIS No. 20190152, Final, BLM, OR, the CEQ Regulations. Notice Adoption—Swan Lake North Pumped EIS No. 20190157, Final Supplement, Section 309(a) of the Clean Air Act Storage Project, Review Period Ends: VA, CA, Adoption—Westside Purple requires that EPA make public its 08/05/2019, Contact: Terry Austin Line Extension Section 4(f) comments on EISs issued by other 541–885–4142. The U.S. Bureau of Evaluation, Review Period Ends: 08/ Federal agencies. EPA’s comment letters Land Management (BLM) has adopted 05/2019, Contact: Glenn Elliott 202– on EISs are available at: https:// the Federal Energy Regulatory 632–5879. The U.S. Department of cdxnodengn.epa.gov/cdx-enepa-public/ Commission (FERC) Final EIS No. Veterans Affairs (VA) has adopted the action/eis/search. 20180333, filed 01/25/2019 with the Federal Transit Administration Final EIS No. 20190147, Final, NRCS, NAT, EPA. BLM was not a cooperating EIS No. 20170235, filed 11/24/2017 Adoption—Feral Swine Damage agency on this project. Therefore, with the EPA. The VA was not a Management: A National Approach, recirculation of the document is cooperating agency on this project. Review Period Ends: 08/05/2019, necessary under Section 1506.3(b) of Therefore, recirculation of the Contact: Nell Fuller 202–720–6303. the CEQ Regulations. document is necessary under Section The Natural Resource Conservation EIS No. 20190153, Final, TVA, TN, 2019 1506.3(b) of the CEQ Regulations. Service (NRCS) has adopted the Integrated Resource Plan Final Animal and Plant Health Inspection Environmental Impact Statement, Amended Notice Service (APHIS) Final EIS No. Review Period Ends: 08/05/2019, EIS No. 20170161, Draft, USFS, MT, 20150165, filed 06/05/2015 with the Contact: Matthew Higdon 865–632– Withdrawn—Kootenai Forest-Wide EPA. NRCS was not a cooperating 8051 Young Growth Vegetation

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Management Project, Contact: Quinn company designated by the Financial institutions. The Federal Reserve used Carver 406–283–7695. Revision to FR Stability Oversight Council (each, a information collected on the Notice Published 08/25/2017; ‘‘financial company’’) is prohibited from Consolidated Financial Statements for Officially Withdrawn per request of merging or consolidating with, Holding Companies (FR Y–9C) and the the submitting agency. acquiring all or substantially all of the Bank Consolidated Reports of Condition Dated: July 1, 2019. assets of, or acquiring control of, and Income (Call Report) to calculate another company if the resulting liabilities of these institutions. Robert Tomiak, company’s consolidated liabilities Consolidated liabilities of a U.S. Director, Office of Federal Activities. would exceed 10 percent of the financial company not subject to [FR Doc. 2019–14323 Filed 7–3–19; 8:45 am] aggregate financial sector liabilities.1 consolidated risk-based capital rules as BILLING CODE 6560–50–P Pursuant to Regulation XX, the of December 31 of the year being Federal Reserve will publish the measured, equal liabilities calculated in aggregate financial sector liabilities by accordance with applicable accounting FEDERAL ELECTION COMMISSION July 1 of each year. Aggregate financial standards. Companies in this category sector liabilities equals the average of include nonbank financial companies Sunshine Act Meeting the year-end financial sector liabilities supervised by the Board, bank holding figure (as of December 31) of each of the companies and savings and loan TIME AND DATE: Tuesday, July 9, 2019 at preceding two calendar years. holding companies subject to the 10:00 a.m. and its continuation at the FOR FURTHER INFORMATION CONTACT: Federal Reserve’s Small Bank Holding conclusion of the open meeting on July Sean Healey, Lead Financial Institution Company Policy Statement, savings and 11, 2019. Policy Analyst, (202) 912–4611; loan holding companies substantially PLACE: 1050 First Street NE, Matthew Suntag, Counsel, (202) 452– engaged in insurance underwriting or Washington, DC. 3694; for the hearing impaired, TTY commercial activities, and U.S. STATUS: This meeting will be closed to (202) 263–4869. companies that control insured the public. depository institutions but are not bank Aggregate Financial Sector Liabilities holding companies or savings and loan MATTERS TO BE CONSIDERED: Compliance Aggregate financial sector liabilities is matters pursuant to 52 U.S.C. 30109. holding companies. ‘‘Applicable equal to $20,664,262,842,000.2 This accounting standards’’ is defined as Information the premature disclosure measure is in effect from July 1, 2019 Generally Accepted Accounting of which would be likely to have a through June 30, 2020. Principles (‘‘GAAP’’), or such other considerable adverse effect on the accounting standard or method of implementation of a proposed Calculation Methodology estimation that the Board determines is Commission action. Aggregate financial sector liabilities appropriate.3 The Federal Reserve used Matters concerning participation in equals the average of the year-end information collected on the FR Y–9C, civil actions or proceedings or financial sector liabilities figure (as of the Parent Company Only Financial arbitration. December 31) of each of the preceding Statements for Small Holding CONTACT PERSON FOR MORE INFORMATION: two calendar years. The year-end Companies (FR Y–9SP), and the Judith Ingram, Press Officer, Telephone: financial sector liabilities figure equals Financial Company Report of (202) 694–1220. the sum of the total consolidated Consolidated Liabilities (FR XX–1) to liabilities of all top-tier U.S. financial Laura E. Sinram, calculate liabilities of these institutions. companies and the U.S. liabilities of all Section 622 provides that the U.S. Acting Secretary and Clerk of the top-tier foreign financial companies, Commission. liabilities of a ‘‘foreign financial calculated using the applicable company’’ equal the risk-weighted [FR Doc. 2019–14436 Filed 7–2–19; 11:15 am] methodology for each financial assets and regulatory capital attributable BILLING CODE 6715–01–P company, as set forth in Regulation XX to the company’s ‘‘U.S. operations.’’ and summarized below. Under Regulation XX, liabilities of a Consolidated liabilities of a U.S. foreign banking organization’s U.S. FEDERAL RESERVE SYSTEM financial company that was subject to operations are calculated using the risk- consolidated risk-based capital rules as [Docket No. OP–1666] of December 31 of the year being 3 A financial company may request to use an Announcement of Financial Sector measured, equal the difference between accounting standard or method of estimation other its risk-weighted assets (as adjusted than GAAP if it does not calculate its total Liabilities consolidated assets or liabilities under GAAP for upward to reflect amounts that are any regulatory purpose (including compliance with Section 622 of the Dodd-Frank Wall deducted from regulatory capital applicable securities laws). 12 CFR 251.3(e). In Street Reform and Consumer Protection elements pursuant to the Federal previous years, the Board received and approved banking agencies’ risk-based capital requests from eleven financial companies to use an Act, implemented by the Board’s accounting standard or method of estimation other Regulation XX, prohibits a merger or rules) and total regulatory capital, as than GAAP to calculate liabilities. Ten of the acquisition that would result in a calculated under the applicable risk- companies are insurance companies that report financial company that controls more based capital rules. Companies in this financial information under Statutory Accounting Principles (‘‘SAP’’), and one is a foreign company than 10 percent of the aggregate category include (with certain that controls a U.S. industrial loan company that consolidated liabilities of all financial exceptions listed below) bank holding reports financial information under International companies (‘‘aggregate financial sector companies, savings and loan holding Financial Reporting Standards (‘‘IFRS’’). For the liabilities’’). Specifically, an insured companies, and insured depository insurance companies, the Board approved a method of estimation that was based on line items from depository institution, a bank holding SAP-based reports, with adjustments to reflect company, a savings and loan holding 1 12 U.S.C. 1852(a)(2), (b). certain differences in accounting treatment between company, a foreign banking 2 This number reflects the average of the financial GAAP and SAP. For the foreign company, the Board organization, any other company that sector liabilities figure for the year ending approved the use of IFRS. Such companies that December 31, 2017 ($20,487,047,614,000) and the continue to be subject to Regulation XX continue controls an insured depository year ending December 31, 2018 to use the previously approved methods. The Board institution, and a nonbank financial ($20,841,478,070,000). did not receive any new requests this year.

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weighted asset methodology for Unless otherwise noted, comments 600 Pennsylvania Avenue NW, Suite subsidiaries subject to the risk-based regarding each of these applications CC–5610 (Annex J), Washington, DC capital rule, plus the assets of all must be received at the Reserve Bank 20580, or deliver your comment to the branches, agencies, and nonbank indicated or the offices of the Board of following address: Federal Trade subsidiaries, calculated in accordance Governors not later than August 1, 2019. Commission, Office of the Secretary, with applicable accounting standards. A. Federal Reserve Bank of St. Louis Constitution Center, 400 7th Street SW, Liabilities attributable to the U.S. (David L. Hubbard, Senior Manager) 5th Floor, Suite 5610 (Annex J), operations of a foreign financial P.O. Box 442, St. Louis, Missouri Washington, DC 20024. company that is not a foreign banking 63166–2034. Comments can also be sent FOR FURTHER INFORMATION CONTACT: Paul organization are calculated in a similar electronically to Spelman, Attorney, Division of manner to the method described for [email protected]: Advertising Practices, Bureau of foreign banking organizations, but 1. First Co Bancorp, Inc., Collinsville, Consumer Protection, Federal Trade liabilities of a U.S. subsidiary not Illinois; to acquire 100 percent of the Commission, 600 Pennsylvania Avenue subject to the risk-based capital rule are voting shares of Columbia National NW, Mail Drop CC–10528, Washington, calculated based on the U.S. Bank, Columbia, Illinois. DC 20580, at (202) 326–2487. subsidiary’s liabilities under applicable B. Federal Reserve Bank of Atlanta SUPPLEMENTARY INFORMATION: The Rule accounting standards. The Federal (Kathryn Haney, Assistant Vice was promulgated by the FTC pursuant Reserve used information collected on President) 1000 Peachtree Street NE, to the Fairness to Contact Lens the Capital and Asset Report for Foreign Atlanta, Georgia 30309. Comments can Consumers Act (FCLCA), Public Law Banking Organizations (FR Y–7Q), the also be sent electronically to 108–164 (Dec. 6, 2003), which was FR Y–9C, and the FR XX–1 to calculate [email protected]: enacted to enable consumers to liabilities of these institutions. 1. Southern States Bancshares, Inc., purchase contact lenses from the seller Anniston, Alabama; to merge with East By order of the Board of Governors of the of their choice. The Rule became Alabama Financial Group, Inc., and Federal Reserve System, acting through the effective on August 2, 2004. As thereby directly acquire Small Town Director of Supervision and Regulation under mandated by the FCLCA, the Rule delegated authority, June 27, 2019. Bank, both of Wedowee, Alabama. requires the release and verification of Ann Misback, Board of Governors of the Federal Reserve contact lens prescriptions which are Secretary of the Board. System, July 1, 2019. generally valid for one year and [FR Doc. 2019–14288 Filed 7–3–19; 8:45 am] Yao-Chin Chao, contains recordkeeping requirements BILLING CODE P Assistant Secretary of the Board. applying to both prescribers and sellers [FR Doc. 2019–14356 Filed 7–3–19; 8:45 am] of contact lenses. BILLING CODE P Specifically, the Rule requires that FEDERAL RESERVE SYSTEM prescribers provide a copy of the Formations of, Acquisitions by, and prescription to the consumer upon the Mergers of Bank Holding Companies FEDERAL TRADE COMMISSION completion of a contact lens fitting, even if the patient does not request it, The companies listed in this notice Agency Information Collection and verify or provide prescriptions to have applied to the Board for approval, Activities; Proposed Collection; authorized third parties. The Rule also pursuant to the Bank Holding Company Comment Request mandates that a contact lens seller may Act of 1956 (12 U.S.C. 1841 et seq.) sell contact lenses only in accordance (BHC Act), Regulation Y (12 CFR part AGENCY: Federal Trade Commission with a prescription that the seller either: 225), and all other applicable statutes (FTC or Commission). (a) Has received from the patient or and regulations to become a bank ACTION: Notice. prescriber; or (b) has verified through holding company and/or to acquire the direct communication with the SUMMARY: assets or the ownership of, control of, or The FTC plans to ask the prescriber. In addition, the Rule the power to vote shares of a bank or Office of Management and Budget imposes recordkeeping requirements on bank holding company and all of the (OMB) to extend for an additional three contact lens prescribers and sellers. For banks and nonbanking companies years the current Paperwork Reduction example, the Rule requires prescribers owned by the bank holding company, Act (PRA) clearance for information to document in their patients’ records including the companies listed below. collection requirements contained in the the medical reasons for setting a contact The applications listed below, as well Contact Lens Rule (or Rule). The current lens prescription expiration date of less as other related filings required by the clearance expires on October 31, 2019. than one year. The Rule requires contact Board, are available for immediate DATES: Comments must be received on lens sellers to maintain records for three inspection at the Federal Reserve Bank or before September 3, 2019. years of all direct communications indicated. The applications will also be ADDRESSES: Interested parties may file a involved in obtaining verification of a available for inspection at the offices of comment online or on paper by contact lens prescription, as well as the Board of Governors. Interested following the instructions in the prescriptions, or copies thereof, which persons may express their views in Request for Comments part of the they receive directly from customers or writing on the standards enumerated in SUPPLEMENTARY INFORMATION section prescribers. the BHC Act (12 U.S.C. 1842(c)). If the below. Write ‘‘Paperwork Reduction The information retained under the proposal also involves the acquisition of Act: FTC File No. P072108’’ on your Rule’s recordkeeping requirements is a nonbanking company, the review also comment, and file your comment online used by the Commission to substantiate includes whether the acquisition of the at https://www.regulations.gov by compliance with the Rule and may also nonbanking company complies with the following the instructions on the web- provide a basis for the Commission to standards in section 4 of the BHC Act based form. If you prefer to file your bring an enforcement action. Without (12 U.S.C. 1843). Unless otherwise comment on paper, mail your comment the required records, it would be noted, nonbanking activities will be to the following address: Federal Trade difficult either to ensure that entities are conducted throughout the United States. Commission, Office of the Secretary, complying with the Rule’s requirements

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or to bring enforcement actions based on prescription will be ‘‘passively verified’’ prescribers may voluntarily respond to violations of the Rule. after eight business hours. Prescribers verification requests and confirm No substantive provisions in the Rule are also required to correct an incorrect prescriptions (as opposed to simply have been amended or changed since prescription submitted by a seller, and letting the prescription passively verify). staff’s prior submission and OMB notify a seller if the prescription Because correcting or declining clearance in 2016.1 Thus, the Rule’s submitted for verification is expired or incorrect prescriptions is mandated by disclosure and recordkeeping otherwise invalid. Staff believes that the the Rule and occurs in response to requirements remain the same. burden of complying with these approximately 15% of requests, staff Under the PRA, 44 U.S.C. 3501–3521, requirements is relatively low. assumes that prescribers voluntarily Federal agencies must get OMB The number of contact lens wearers in confirm prescriptions less often, and approval for each collection of the United States is now estimated by confirm at most an additional 15% of information they conduct or sponsor. the Centers for Disease Control to be prescriptions (and, in all likelihood, ‘‘Collection of information’’ includes approximately 45 million.3 Therefore, significantly less). Using a combined agency requests or requirements to assuming an annual contact lens exam response rate of 30%, the FTC estimates submit reports, keep records, or provide for each contact lens wearer, that prescribers’ offices respond to information to a third party. 44 U.S.C. approximately 45 million people would approximately 3,547,800 requests 3502(3); 5 CFR 1320.3(c). The FTC is receive a copy of their prescription each annually. seeking renewed clearance for the year under the Rule.4 According to the industry comments information collection requirements At an estimated one minute per to the 2016 PRA submission, responding associated with the Commission’s prescription, the annual time spent by to verification requests requires Contact Lens Rule, 16 CFR part 315 prescribers complying with the approximately five minutes per request. (OMB Control Number 3084–0127). requirement to release prescriptions to Using that data, we estimate that these patients would be approximately responses require an additional 295,650 Burden Statement × 750,000 hours. [(45 million 1 minute)/ hours annually. [(3,547,800 × 5 Estimated annual hours burden: 60 minutes = 750,000 hours]. In all minutes)/60 minutes = 295,650 hours]. 2,104,050 hours. likelihood, this estimate overstates the Combining these hours with the hours This figure is derived by adding actual burden because it includes the spent disclosing prescriptions to 1,045,650 disclosure hours for contact time spent by prescribers who already consumers, we estimate a total of lens prescribers to 1,058,400 release prescriptions to patients in the 1,045,650 hours for all contact lens recordkeeping hours for contact lens ordinary course of business. prescribers to comply with the Rule. sellers, for a combined industry total of As stated above, prescribers may also [750,000 hours + 295,650 hours = 2,104,050 hours. This estimate is an be required to provide or verify contact 1,045,650 hours]. increase from the 1,903,315 annual lens prescriptions to sellers. According Lastly, as required by the FCLCA, the burden hours submitted to OMB in to recent survey data, approximately Rule also imposes a recordkeeping 2016. The higher estimate is due to an 36% of contact lens purchases are from requirement on prescribers. They must increase in the estimated number of a source other than the prescriber.5 document the specific medical reasons contact lens wearers in the United Assuming that each of the 45 million for setting a contact lens prescription States from 41 million to 45 million.2 contact lens wearers in the U.S. makes expiration date shorter than the one- one purchase per year, this means that 1. Prescribers year minimum established by the approximately 16,200,000 contact lens FCLCA. This burden is likely to be nil The Rule requires prescribers to make purchases (45 million × 36%) are made because the requirement applies only in disclosures in two ways. Upon from sellers other than the prescriber. cases when the prescriber invokes the completing a contact lens fitting, the Based on prior discussions with medical judgment exception, which is Rule requires that prescribers (1) industry, approximately 73% of sales by expected to occur infrequently, and provide a copy of the contact lens non-prescriber sellers require prescribers are likely to record this prescription to the patient, and (2) as verification, and prescribers information in the ordinary course of directed by any person designated to act affirmatively respond (by notifying the business as part of their patients’ on behalf of the patient, provide or seller that the prescription is invalid or medical records. As mentioned verify the contact lens prescription. incorrect) to approximately 15% of previously, the OMB regulation that Prescribers can verify a prescription those verification requests. Using a implements the PRA defines ‘‘burden’’ either by responding affirmatively to a response rate of 15%, the FTC therefore to exclude any effort that would be request for verification, or by not estimates that prescribers’ offices expended regardless of a regulatory responding at all, in which case the respond to approximately 1,773,900 requirement. verification requests annually 1 OMB clearance for the current Rule expires [(16,200,000 × 73%) × 15% = 1,773,900 2. Sellers October 31, 2019. On May 28, 2019, the FTC responses]. Additionally, some published a Supplemental Notice of Proposed As noted above, a seller may sell Rulemaking (‘‘SNPRM’’) (84 FR 24664) which contact lenses only in accordance with proposes amendments to the Rule, and the FTC is 3 Id. separately seeking OMB’s approval for the 4 In the past, some commentators have suggested a valid prescription that the seller has information-collection requirements associated that typical contact lens wearers obtain annual (a) received from the patient or with those amendments. Because the SNPRM was exams every 18 months or so, not every year. prescriber, or (b) verified through direct drafted prior to this Comment Request, some of the However, because prescriptions under the Rule are communication with the prescriber. The data and estimates may differ in the two valid for a minimum of one year, we continue to documents. Should the Commission adopt the estimate that patients seek exams every 12 months. FCLCA also requires sellers to retain proposed amendments in the SNPRM, it could alter Staff believes a calculation that assumes prescriptions and records of or render moot the assumptions, conclusions, and compliance with the Rule will provide the best communications with prescribers estimates put forth in this notice based on the estimate of the Rule’s contemplated burden. relating to prescription verification for current Rule. 5 Jason J. Nichols & Deborah Fisher, ‘‘2018 2 Centers for Disease Control, Healthy Contact Annual Report,’’ Contact Lens Spectrum, Jan. 1, three years. Staff believes that the Lens Wear and Care, Fast Facts, https:// 2019, https://www.clspectrum.com/issues/2019/ burden of complying with these www.cdc.gov/contactlenses/fast-facts.html. january-2019. requirements is relatively low.

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As stated previously, there are per hour.6 Assuming that optometrists (2) the accuracy of the agency’s estimate approximately 16,200,000 sales by non- are performing 85% of the labor hours of the burden of the proposed collection prescriber sellers annually and and ophthalmologists are performing of information, including the validity of approximately 73% of those sales 15% the labor hours for prescribers, and the methodology and assumptions used; require verification. Therefore, sellers office clerks are performing the labor for (3) ways to enhance the quality, utility, verify approximately 11,826,000 orders non-prescriber sellers, estimated total and clarity of the information to be annually and retain two records for such labor cost attributable to the Rule would collected; and (4) ways to minimize the sales: The verification request and any total approximately $84,548,448. burden of the collection of information. response from the prescriber. Staff [$66,640,319 prescriber hours (($57.68 × In particular, the FTC invites comments estimates that sellers’ verification and 888,802.5 optometrist hours = on (5) what percentage of sales by non- recordkeeping for those orders will $51,266,128) + ($98.02 × 156,847.5 prescriber sellers require verification; entail a maximum of five minutes per ophthalmologist hours = $15,374,192)) + (6) what percentage of verification sale. At an estimated five minutes per $14,618,765 for seller hours ($16.92 × requests are affirmatively responded to sale to each of the approximately 1,058,400 office clerk hours = by prescribers (either by notifying the 11,826,000 orders, contact lens sellers $17,908,128) = $84,548,448.] seller that the prescription is valid, or will spend a total of 985,500 burden A recent survey estimated that the by notifying the seller that the hours complying with this portion of U.S. contact lens market revenue is prescription is invalid or incorrect); (7) the requirement. [(11,826,000 × 5 approximately $5,012,800,000 (not what percentage of contact lens minutes)/60 minutes = 985,500 hours]. counting examination revenue) in prescriptions are written by Approximately 27% of sales to non- 2017.7 Therefore, the total labor cost ophthalmologists as opposed to prescriber sellers do not require burden estimate of $84,548,448 imposed optometrists or other medical verification and thus require only that by the Rule represents a cost of specialties; (8) what percentage of the seller retain the prescription approximately 1.69% of the overall verification requests received by provided. Staff estimates that this retail revenue generated. optometrists’ offices are handled by recordkeeping burden requires at most Estimated annual non-labor cost optometrists and what percentage are one minute per order (in many cases, burden: $0 or minimal. handled by office staff; (9) what percentage of verification requests this retention is electronic and Staff believes that the Rule’s received by ophthalmologists’ offices automatic and will not require any time) disclosure and recordkeeping are handled by ophthalmologists and for 4,374,000 orders [16,200,000 sales × requirements impose negligible capital what percentage are handled by office 27%], resulting in 72,900 burden hours. or other non-labor costs, as the affected staff; and (10) whether the FTC should [(4,374,000 orders × 1 minute)/60 entities are likely to have the necessary rely on mean wage data or median wage minutes = 72,900 hours]. supplies and/or equipment already (e.g., prescription pads, patients’ medical data in calculating the Rule’s burden. Combining burden hours for all orders charts, facsimile machines and paper, You can file a comment online or on [985,500 hours + 72,900 hours], staff telephones, and recordkeeping facilities paper. For the FTC to consider your estimates a total of 1,058,400 hours for such as filing cabinets or other storage). comment, we must receive it on or contact lens sellers. It is likely that this before September 3, 2019. Write estimate overstates the actual burden Request for Comments ‘‘Paperwork Reduction Act: FTC File because it includes the time spent by The FTC invites comments on: (1) No. P072108’’ on your comment. Postal sellers who already keep records Whether the proposed collection of mail addressed to the Commission is pertaining to contact lens sales in the information is necessary for the proper subject to delay due to heightened ordinary course of business, and those performance of the functions of the security screening. As a result, we whose records are generated and agency, including whether the encourage you to submit your comments preserved automatically when a information will have practical utility; online, or to send them to the customer orders online, which staff Commission by courier or overnight believes is the case for many online 6 Press Release, Bureau of Labor Statistics, United service. To make sure that the sellers. States Department of Labor, Occupational Commission considers your online Estimated total labor cost burden: Employment Statistics—May 2018, https:// comment, you must file it through the www.bls.gov/news.release/ocwage.t01.htm. Median https://www.regulations.gov website by Approximately $84,548,448. salaries for prescribers and clerks ($53.75 for This figure is derived from applying optometrists, $96.58 for other physicians and following the instructions on the web- hourly wage figures for optometrists, surgeons, and $15.74 for general office clerks) are based form. Your comment—including lower than average salaries and, consequently, ophthalmologists, and office clerical your name and your state—will be would result in a lower overall burden imposed by placed on the public record of this staff to the burden hours described the Rule. It is possible that medians are more above. This estimate is higher than the representative since they do not include outliers proceeding, including the https:// $73,082,912 labor cost estimate that can distort the mean. Salaries can also vary by www.regulations.gov website. As a region. The average hourly wage for optometrists in matter of discretion, the Commission submitted to OMB in 2016 due to an New Mexico, for instance, is $41.76 per hour, increase in the estimated number of tries to remove individuals’ home whereas optometrists in North Dakota earn an contact information from comments contact lens wearers in the United average of $84.18 per hour. Id. https://www.bls.gov/ States and wage increases for oes/current/oes291041.htm. However, since Contact before placing them on Lens Rule PRA submissions have historically used www.regulations.gov. optometrists, ophthalmologists, and national mean salaries to estimate the burden, the If you file your comment on paper, office staff. FTC will continue to do so for this submission. write ‘‘Paperwork Reduction Act: FTC According to Bureau of Labor 7 ‘‘Vision Markets See Continued Growth in 2017, VisionWatch Says,’’ Vision Monday, March 20, File No. P072108’’ on your comment Statistics, salaried optometrists earn an 2018, http://www.visionmonday.com/business/ and on the envelope, and mail your average wage of $57.68 per hour, other research-and-stats/article/vision-markets-see- comment to the following address: physicians and surgeons—such as continued-growth-in-2017-visionwatch-says/. See Federal Trade Commission, Office of the ophthalmologists—earn an average wage also, Steve Kodey, US Optical Market Eyewear Overview, 4, https://www.ftc.gov/sites/default/files/ Secretary, 600 Pennsylvania Avenue of $98.02 per hour, and general office filefield_paths/steve_kodey_ppt_presentation.pdf. NW, Suite CC–5610 (Annex J), clerks earn an average wage of $16.92 The FTC does not possess market data for 2018. Washington, DC 20580, or deliver your

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comment to the following address: consider all timely and responsive SUPPLEMENTARY INFORMATION: Federal Trade Commission, Office of the public comments that it receives on or Secretary, Constitution Center, 400 7th before September 3, 2019. You can find Background Street SW, 5th Floor, Suite 5610 (Annex more information, including routine FASTA created the PBRB as an J), Washington, DC 20024. If possible, uses permitted by the Privacy Act, in independent Board to identify submit your paper comment to the the Commission’s privacy policy, at opportunities for the Federal Commission by courier or overnight https://www.ftc.gov/site-information/ government to significantly reduce its service. privacy-policy. inventory of civilian real property and Because your comment will be placed thereby reduce costs. The Board is on the publicly accessible FTC website Heather Hippsley, directed, within 6 months of its at www.regulations.gov, you are solely Deputy General Counsel. formation, to recommend to the Office responsible for making sure that your [FR Doc. 2019–14291 Filed 7–3–19; 8:45 am] of Management and Budget (OMB) the comment does not include any sensitive BILLING CODE 6750–01–P or confidential information. In sale of not fewer than five properties not particular, your comment should not on the list of surplus or excess with a include any sensitive personal GENERAL SERVICES fair market value of not less than $500 information, such as your or anyone ADMINISTRATION million and not more than $750 million. else’s Social Security number; date of In two subsequent rounds over a five- [Notice–PBRB–2019–02; Docket No. 2019– year period, the Board is responsible for birth; driver’s license number or other 0012; Sequence No. 2] state identification number, or foreign making recommendations for other country equivalent; passport number; Public Meetings of the Public sales, consolidations, property disposals financial account number; or credit or Buildings Reform Board or redevelopment of up to $7.25 billion. debit card number. You are also solely Format responsible for making sure that your AGENCY: Public Buildings Reform Board, comment does not include any sensitive GSA. The format for all public meetings health information, such as medical ACTION: Meetings notice. will be panel discussions with records or other individually SUMMARY: As provided in section 5 of appropriate time allowed for Q&A. Each identifiable health information. In the Federal Assets Sale and Transfer Act panel will be composed of invited addition, your comment should not of 2016 (FASTA), the Public Buildings representatives for that specific area. include any ‘‘trade secret or any Reform Board (PBRB) gives notice of A portion of the meeting will be held commercial or financial information three upcoming public meetings. At the in Executive Session if the Board is which .... is privileged or public meeting in Washington, DC, the considering issues involving classified confidential’’—as provided by Section PBRB will receive input regarding or proprietary information. 6(f) of the FTC Act, 15 U.S.C. 46(f), and proposed methodologies and criteria for FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— selecting Federal properties for disposal Registration including in particular competitively with an emphasis on High Value The meetings are open to the public, sensitive information such as costs, Properties. The PBRB will also hear sales statistics, inventories, formulas, but prior registration is required. Please from commercial real estate register three (3) business days before patterns, devices, manufacturing representatives to gain their perspective processes, or customer names. the scheduled meetings. To attend the on private sector valuation practices as Comments containing material for Washington, DC meeting, please register they apply to Federal property proposed which confidential treatment is at the following link: https:// requested must be filed in paper form, for disposal and other relevant private www.eventbrite.com/e/public-meeting- must be clearly labeled ‘‘Confidential,’’ sector practices. At the public meetings of-the-public-buildings-reform-board- and must comply with FTC Rule 4.9(c). in Los Angeles, California and Denver, tickets-64305278820. Colorado the Board will consider a In particular, the written request for To attend the meeting in Los Angeles, confidential treatment that accompanies number of Federal properties located in the western United States. California, and check for updates on the comment must include the factual location, please register at the following DATES: Public meetings will be held on and legal basis for the request, and must link: https://www.eventbrite.com/e/ Tuesday, July 16, 2019 in Washington, identify the specific portions of the public-meeting-of-the-public-buildings- DC, Wednesday, July 24, 2019, in Los comment to be withheld from the public reform-board-tickets-64340333670. record.8 Your comment will be kept Angeles, California, and Thursday, July confidential only if the General Counsel 25, 2019 in Denver, Colorado. To attend the meeting in Denver, grants your request in accordance with ADDRESSES: The public meeting in Colorado, please register at the the law and the public interest. Once Washington, DC, will be held from 9 following link: https:// your comment has been posted publicly a.m. to 12 p.m., Eastern Time, at 1800 www.eventbrite.com/e/public-meeting- at www.regulations.gov, we cannot F Street NW, in Room 1461. of-the-public-buildings-reform-board- redact or remove your comment unless The public meeting in Los Angeles, tickets-64327265583. you submit a confidentiality request that California will be held from 1 p.m. to 4 Those wishing to participate as meets the requirements for such p.m., Pacific Time. The location is still panelists for the public meetings are treatment under FTC Rule 4.9(c), and being determined. invited to contact the PBRB by emailing the General Counsel grants that request. The public meeting in Denver, [email protected]. Colorado will be held from 9 a.m. to The FTC Act and other laws that the Dated: July 1, 2019. Commission administers permit the 12:30 p.m., Mountain Time, at the collection of public comments to Denver Federal Center, Building 41, in Angela Styles, consider and use in this proceeding as the Remington Arms Conference Room. Board Member, Public Buildings Reform appropriate. The Commission will FOR FURTHER INFORMATION CONTACT: Board. Angela Styles at 202–227–7615, or via [FR Doc. 2019–14364 Filed 7–3–19; 8:45 am] 8 See FTC Rule 4.9(c). email at [email protected]. BILLING CODE 3412–RT–P

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DEPARTMENT OF HEALTH AND disabilities, those with acquired brain Method of Collection HUMAN SERVICES injury and persons with severe mental The development and operation of the illness. HCBS–CAHPS Database will include the Agency for Healthcare Research and The HCBS CAHPS Survey was following major components undertaken Quality developed by the Centers for Medicare by AHRQ through its contractor. To & Medicaid Services (CMS) for Agency Information Collection achieve the goals of this project, the voluntary use by state Medicaid following activities and data collections Activities: Proposed Collection; programs, including both fee-for-service Comment Request that constitute information collection HCBS programs as well as managed under the Paperwork Reduction Act AGENCY: Agency for Healthcare Research long-term services and supports (PRA) will be implemented: and Quality, HHS. (MLTSS) programs. States with • Registration with the site to obtain ACTION: Notice. adequate sample sizes may consider an account with a secure username and using survey metrics in value-based password: The point-of-contact (POC) SUMMARY: This notice announces the purchasing initiatives. completes an online registration form, intention of the Agency for Healthcare The HCBS–CAHPS Database will providing contact and organizational Research and Quality (AHRQ) to request serve as a primary source of data information required to initiate the that the Office of Management and available to states, agency programs and registration process. Budget (OMB) approve the proposed researchers to help answer important • Submission of signed Data Use information collection project: questions related to beneficiary Agreements (DUAs) and survey ‘‘Consumer Assessment of Healthcare experiences. AHRQ, through its questionnaires: The data use agreement Providers and Systems (CAHPS) Home contractor, will collect and make completed by the participating and Community Based Services (HCBS) available de-identified survey data, organization provides confidentiality Survey Database.’’ In accordance with enabling HCBS programs to identify assurances and states how the data the Paperwork Reduction Act, AHRQ areas where quality can be improved. submitted will be used. invites the public to comment on this Rationale for the information • Submission of program information proposed information collection. collection. Aggregated HCBS–CAHPS form: The POC completes an online This proposed information collection Database results will be made publicly information form to describe was previously published in the Federal available on AHRQ’s CAHPS website. organizational characteristics of the Register on March 19th, 2019 and Technical assistance will be provided program. allowed 60 days for public comment. by AHRQ, through its contractor, at no • Submission of de-identified survey AHRQ received no substantive charge to programs to facilitate the data files: POCs upload data files in the comments from members of the public. access and use of these materials for format specified in the data file The purpose of this notice is to allow an quality improvement and research. specifications to ensure data submitted additional 30 days for public comment. Technical assistance will also be is standardized and consistently named DATES: Comments on this notice must be provided to support HCBS–CAHPS data and coded. received by 30 days after date of submission. • Follow-up with submitters in the publication. The HCBS–CAHPS Database will event of a rejected file, to assist in ADDRESSES: Written comments should support AHRQ’s goals of promoting making corrections and resubmitting the be submitted to: AHRQ’s OMB Desk improvements in the quality and file. patient-centeredness of health care in Officer by fax at (202) 395–6974 Estimated Annual Respondent Burden (attention: AHRQ’s desk officer) or by home or community-based care settings. email at OIRA_submission@ This research has the following goals: Exhibit 1 shows the estimated burden omb.eop.gov (attention: AHRQ’s desk 1. Improve care provided by hours for the respondents to participate officer). individual providers and state in the database. The 51 POCs in Exhibit programs. 1 represent the 51 states or agencies that FOR FURTHER INFORMATION CONTACT: 2. Offer several products and services, will administer the Adult HCBS survey. Doris Lefkowitz, AHRQ Reports including providing survey results An estimated 13 survey vendors will Clearance Officer, (301) 427–1477, or by presented through an Online Reporting assist them. email at [email protected]. System, summary chartbooks, custom Each state or agency will register SUPPLEMENTARY INFORMATION: analyses, private reports and data for online for submission. The online Proposed Project research purposes. Registration form will require about 5 3. Provide information to help minutes to complete. Each submitter Consumer Assessment of Healthcare ® identify strengths and areas with will also complete a program Providers and Systems (CAHPS ) Home potential for improvement in patient information form of information about and Community Based Services (HCBS) care. each program such as the name of the Survey Database This study is being conducted by program, program size, state, etc. The The CAHPS Home and Community- AHRQ through its contractor, Westat, online program information form takes Based Services Survey is the first cross- pursuant to AHRQ’s statutory authority on average 5 minutes to complete. The disability survey of home and to conduct and support research on data use agreement will be completed community-based service beneficiaries’ health care and on systems for the by each of the 51 participating States. experience receiving long-term services delivery of such care, including Survey vendors do not sign or submit and supports. It is designed to facilitate activities with respect to the quality, DUAs. The DUA requires about 3 comparisons across state Medicaid effectiveness, efficiency, minutes to sign and return by fax or HCBS programs throughout the country appropriateness and value of healthcare mail. Each submitter, which in most that target adults with disabilities, e.g., services; quality measurement and cases will be the survey vendor including frail elderly, individuals with improvement; and health surveys and performing the data collection, will physical disabilities, persons with database development 42 U.S.C. provide a copy of their questionnaire developmental or intellectual 299a(a)(1) and (2), and (8). and the survey data file in the required

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file format. Survey data files must program. Once a data file is uploaded report and will be expected to correct conform to the data file layout the file will be automatically checked to any errors in their data file and resubmit specifications provided by the HCBS– ensure it conforms to the specifications if necessary. It will take about one hour CAHPS Database. Since the unit of and a data file status report will be to submit the data for each program. The analysis is at the program level, produced and made available to the total burden is estimated to be 63 hours submitters will upload one data file per submitter. Submitters will review each annually.

EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Number of Form name respondents/ responses per Hours per Total burden POCs POC response hours

Registration Form ...... 51 1 5/60 4.25 Program Information Form ...... 51 1 5/60 4.25 Data Use Agreement ...... 51 1 3/60 2.5 Data Files Submission ...... 13 4 1 52

Total ...... 166 N/A N/A 63

Exhibit 2 shows the estimated submission process. The cost burden is annualized cost burden based on the estimated to be $2,880 annually. respondents’ time to complete one

EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN

Average Form name Number of Total burden hourly wage Total cost respondents hours rate * burden

Registration Form ...... 51 4.25 a $53.69 $228 Program Information Form ...... 51 4.25 a $53.69 228 Data Use Agreement ...... 51 2.5 b $94.25 236 Data Files Submission ...... 13 52 c $42.08 2,188

Total ...... ** 166 63 N/A 2,880 * National Compensation Survey: Occupational wages in the United States May 2017, ‘‘U.S. Department of Labor, Bureau of Labor Statistics.’’ a Based on the mean hourly wage for Medical and Health Services Managers (11–9111). b Based on the mean hourly wage for Chief Executives (11–1011). c Based on the mean hourly wages for Computer Programmer (15–1131). ** The 51 POCs listed for the registration form, program information form and the data use agreement are the estimated POCs from the esti- mated participating programs.

Request for Comments proposed information collection. All its continuing effort to reduce public comments will become a matter of burden and maximize the utility of In accordance with the Paperwork public record. government information, invites the Reduction Act, comments on AHRQ’s general public and other Federal information collection are requested Virginia L. Mackay-Smith, with regard to any of the following: (a) Associate Director. agencies the opportunity to comment on a proposed and/or continuing Whether the proposed collection of [FR Doc. 2019–14365 Filed 7–3–19; 8:45 am] information collection, as required by information is necessary for the proper BILLING CODE 4160–90–P performance of AHRQ’s health care the Paperwork Reduction Act of 1995. research and health care information This notice invites comment on a dissemination functions, including DEPARTMENT OF HEALTH AND proposed information collection project whether the information will have HUMAN SERVICES titled Resources and Services Database practical utility; (b) the accuracy of of the CDC National Prevention AHRQ’s estimate of burden (including Centers for Disease Control and Information Network (NPIN) (OMB hours and costs) of the proposed Prevention Control No. 0920–0255 Exp. 2/29/2020). collection(s) of information; (c) ways to [60Day–19–0255; Docket No. CDC–19–0057] The NPIN Resources and Services enhance the quality, utility and clarity Database contains entries on of the information to be collected; and Proposed Data Collection Submitted approximately 10,000 organizations and (d) ways to minimize the burden of the for Public Comment and is the most comprehensive listing of collection of information upon the Recommendations HIV/AIDS, viral hepatitis, STD, and TB respondents, including the use of AGENCY: Centers for Disease Control and resources and services available automated collection techniques or Prevention (CDC), Department of Health throughout the country. The American other forms of information technology. and Human Services (HHS). public can also access the NPIN Comments submitted in response to ACTION: Notice with comment period. Resources and Services database this notice will be summarized and through the NPIN websites. included in the Agency’s subsequent SUMMARY: The Centers for Disease request for OMB approval of the Control and Prevention (CDC), as part of

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DATES: CDC must receive written collection to the OMB for approval. To HIV infection, viral hepatitis, sexually comments on or before September 3, comply with this requirement, we are transmitted diseases (STDs), and 2019. publishing this notice of a proposed tuberculosis (TB), as well as for ADDRESSES: You may submit comments, data collection as described below. community-based HIV prevention identified by Docket No. CDC–2019– The OMB is particularly interested in activities, syphilis, and TB elimination 0057 by any of the following methods: comments that will help: programs. NPIN serves as the U.S. • Federal eRulemaking Portal: 1. Evaluate whether the proposed reference, referral, and distribution Regulations.gov. Follow the instructions collection of information is necessary service for information on HIV/AIDS, for submitting comments. for the proper performance of the viral hepatitis, STDs, and TB, • Mail: Jeffrey M. Zirger, Information functions of the agency, including supporting NCHHSTP’s mission to link Collection Review Office, Centers for whether the information will have Americans to prevention, education, Disease Control and Prevention, 1600 practical utility; and care services. NPIN is a critical Clifton Road NE, MS–D74, Atlanta, 2. Evaluate the accuracy of the member of the network of government Georgia 30329. agency’s estimate of the burden of the agencies, community organizations, Instructions: All submissions received proposed collection of information, businesses, health professionals, must include the agency name and including the validity of the educators, and human services Docket Number. CDC will post, without methodology and assumptions used; providers that educate the American change, all relevant comments to 3. Enhance the quality, utility, and public about the grave threat to public Regulations.gov. clarity of the information to be health posed by HIV/AIDS, viral Please note: Submit all comments collected; and hepatitis, STDs, and TB, and provides through the Federal eRulemaking portal 4. Minimize the burden of the services for persons infected with (regulations.gov) or by U.S. mail to the collection of information on those who Human Immunodeficiency Virus (HIV). address listed above. are to respond, including through the The NPIN Resources and Services use of appropriate automated, FOR FURTHER INFORMATION CONTACT: To Database contains entries on electronic, mechanical, or other request more information on the approximately 10,000 organizations and technological collection techniques or proposed project or to obtain a copy of is the most comprehensive listing of other forms of information technology, the information collection plan and HIV/AIDS, viral hepatitis, STD, and TB e.g., permitting electronic submissions instruments, contact Jeffrey M. Zirger, resources and services available of responses. throughout the country. The American Information Collection Review Office, 5. Assess information collection costs. Centers for Disease Control and public can also access the NPIN Prevention, 1600 Clifton Road NE, MS– Proposed Project Resources and Services database D74, Atlanta, Georgia 30329; phone: Resources and Services Database of through the NPIN website. More than 404–639–7570; Email: [email protected]. the National Prevention Information 1,400,000 unique visitors and more than SUPPLEMENTARY INFORMATION: Under the Network (NPIN) (OMB Control No. 3,000,000 page views are recorded Paperwork Reduction Act of 1995 (PRA) 0920–0255, Exp. 02/29/2020)— annually. (44 U.S.C. 3501–3520), Federal agencies Revision—National Center for HIV/ To accomplish CDC’s goal of must obtain approval from the Office of AIDS, Viral Hepatitis, Sexually continuing efforts to maintain an up-to- Management and Budget (OMB) for each Transmitted Diseases, and Tuberculosis date, comprehensive database, NPIN collection of information they conduct Prevention (NCHHSTP), Centers for plans each year to add up to 400 newly or sponsor. In addition, the PRA also Disease Control and Prevention (CDC). identified organizations and to verify requires Federal agencies to provide a those organizations currently described 60-day notice in the Federal Register Background and Brief Description in the NPIN Resources and Services concerning each proposed collection of CDC is requesting a three year Database each year. Organizations with information, including each new approval of Resources and Services access to the internet will be given the proposed collection, each proposed Database of the National Prevention option to complete and submit an extension of existing collection of Information Network (NPIN). NCHHSTP electronic version of the questionnaire information, and each reinstatement of has the primary responsibility within by visiting the NPIN website. There are previously approved information the CDC and the U.S. Public Health no costs to respondents other than their collection before submitting the Service for the prevention and control of time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Initial Questionnaire Registered nurses, Social and community serv- 400 1 8/60 54 Telephone Script. ice managers, and Health educators. Telephone Verification .. Registered nurses, Social and community serv- 6,100 1 6/60 610 ice managers, and Health educators Social and human service assistants. Email Verification ...... Registered nurses, Health educators, and Social 3,600 1 8/60 480 and human service assistants, social and community service managers.

Total ...... 1,144

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Jeffrey M. Zirger Please note: Submit all comments Background and Brief Description Lead, Information Collection Review Office, through the Federal eRulemaking portal The purpose of this survey is to Office of Scientific Integrity, Office of Science, (regulations.gov) or by U.S. mail to the follow-up on formative research (OMB Centers for Disease Control and Prevention. address listed above. Control Number 0920–1154), which [FR Doc. 2019–14303 Filed 7–3–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: To assessed the knowledge, attitudes, BILLING CODE 4163–18–P request more information on the practices and perceived provider-level proposed project or to obtain a copy of barriers to appropriate antibiotic the information collection plan and prescribing in a sample of health care DEPARTMENT OF HEALTH AND instruments, contact Jeffrey M. Zirger, HUMAN SERVICES providers in nursing homes. This survey Information Collection Review Office, was developed building upon Centers for Disease Control and Centers for Disease Control and foundational work previously Prevention Prevention, 1600 Clifton Road NE, MS– completed. The questions were D74, Atlanta, Georgia 30329; phone: originally pre-tested among a select [60Day–19–19BCG; Docket No. CDC–2019– 404–639–7570; Email: [email protected]. group (n=9) of prescribers recruited 0053] SUPPLEMENTARY INFORMATION: Under the from the participating corporations to Proposed Data Collection Submitted Paperwork Reduction Act of 1995 (PRA) both obtain responses, as well as for Public Comment and (44 U.S.C. 3501–3520), Federal agencies performing cognitive assessment to Recommendations must obtain approval from the Office of ensure clarity and robustness of content. Management and Budget (OMB) for each The preliminary findings suggested AGENCY: Centers for Disease Control and collection of information they conduct that the questions presented were clear Prevention (CDC), Department of Health or sponsor. In addition, the PRA also and correctly understood and that the and Human Services (HHS). requires Federal agencies to provide a topics covered were meaningful. The ACTION: Notice with comment period. 60-day notice in the Federal Register inclusion of length of time in practice concerning each proposed collection of was specifically relevant as preliminary SUMMARY: The Centers for Disease information, including each new findings from the interviews, albeit Control and Prevention (CDC), as part of proposed collection, each proposed limited, suggest that a prescriber’s its continuing effort to reduce public extension of existing collection of approach and attitudes surrounding burden and maximize the utility of information, and each reinstatement of antibiotic prescribing may be impacted government information, invites the previously approved information by professional tenure. Specifically, general public and other Federal collection before submitting the respondents described that the longer a agencies the opportunity to comment on collection to the OMB for approval. To prescriber had been in practice, the a proposed and/or continuing comply with this requirement, we are more reluctant they were to modify their information collection, as required by publishing this notice of a proposed prescribing behaviors. the Paperwork Reduction Act of 1995. data collection as described below. General findings consistently centered This notice invites comment on a The OMB is particularly interested in on the variability in nurse/provider proposed information collection project comments that will help: communication. Themes of poor titled Core Elements of Antimicrobial 1. Evaluate whether the proposed communication encompassed multiple Stewardship in Nursing Homes. The collection of information is necessary elements. Key themes included: Poor goal of the information collection is to for the proper performance of the structure of information sharing, the assess the impact of an intervention on functions of the agency, including role of gatekeepers to the prescriber, the knowledge, attitudes, practices, and whether the information will have insufficient or otherwise irrelevant perceived provider-level barriers to practical utility; detail, and an absence of therapy appropriate antibiotic prescribing in a 2. Evaluate the accuracy of the recommendation from the nurses. sample of health care providers in agency’s estimate of the burden of the Additionally, respondents described the nursing homes. The data will be used to proposed collection of information, physical environment/geographic monitor the effect of an intervention including the validity of the context that contributed to possible aimed at improving the antibiotic methodology and assumptions used; instances of over-prescribing: Limited stewardship behaviors of prescribers in 3. Enhance the quality, utility, and availability of timely or rapid test long-term care settings. clarity of the information to be laboratory results, sites with affiliated DATES: CDC must receive written collected; and labs that are closed on the weekends comments on or before September 3, 4. Minimize the burden of the (thus requiring a staff member to drive 2019. collection of information on those who a sample multiple hours to the nearest ADDRESSES: You may submit comments, are to respond, including through the hospital), limited antibiotic options in identified by Docket No. CDC–2019– use of appropriate automated, the facility’s Emergency Kit (from which 0053 by any of the following methods: electronic, mechanical, or other staff frequently draw when starting a • Federal eRulemaking Portal: technological collection techniques or prescription). Regulations.gov. Follow the instructions other forms of information technology, The current phase incorporates the for submitting comments. e.g., permitting electronic submissions findings from previous exploratory work • Mail: Jeffrey M. Zirger, Information of responses. and aims to address the quality of Collection Review Office, Centers for 5. Assess information collection costs. communication between the nurses and Disease Control and Prevention, 1600 prescribers while also respecting the Proposed Project Clifton Road NE, MS–D74, Atlanta, rational for initial antibiotic initiation. Georgia 30329. Core Elements of Antimicrobial As the decision to initiate an antibiotic Instructions: All submissions received Stewardship in Nursing Homes—New— prescription is largely influenced by must include the agency name and National Center for Emerging and factors beyond the scope of this project, Docket Number. CDC will post, without Zoonotic Infectious Diseases (NCEZID), the current study targeted the role of the change, all relevant comments to Centers for Disease Control and antibiotic follow-up to engage the Regulations.gov. Prevention (CDC). prescriber post-prescription to reassess

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the appropriateness of the initial obtain a diverse and inclusive prescribers as areas for further training prescription. Additional topics were perspective. or intervention development (e.g., identified as important to the Information will be used to provide identified barriers to education or respondents as they expressed support descriptive analysis reports of the training resources will result in a more to include questions that cover prescribing climate within long-term robust education component to be individual perceptions of responsibility/ care settings. We will use these data as included in future work). While this autonomy, the importance of the role of comparison to the initial survey second survey is not intended to family and other social pressures when deployment to characterize any change establish a direct causal relationship, it demonstrated within the current deciding to make antibiotic decisions, does aim to capture differences in a pre/ antimicrobial stewardship environment and the process of following up with the post analysis style review without with an effort to identify key elements resident post-prescription. The group of based on staff interactions, perceived which, the initial survey would simply respondents were comprised of a semi- challenges, and any identifiable gaps in provide a snapshot of current levels of convenience sample, with efforts to knowledge. The specific elements knowledge, attitudes, practices and target key administrative and practicing within the survey will be used to perceived provider-level barriers to roles within the healthcare setting to identify common needs shared across appropriate antibiotic prescribing.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Doctors ...... Core Elements of Antimicrobial 75 1 30/60 38 Stewardship in Nursing Homes. Nurse Practitioners...... Core Elements of Antimicrobial 25 1 30/60 12 Stewardship in Nursing Homes.

Total ...... 50

Jeffrey M. Zirger, The Office of Management and Budget Washington, DC 20503 or by fax to (202) Lead, Information Collection Review Office, is particularly interested in comments 395–5806. Provide written comments Office of Scientific Integrity, Office of Science, that: within 30 days of notice publication. Centers for Disease Control and Prevention. (a) Evaluate whether the proposed Proposed Project [FR Doc. 2019–14300 Filed 7–3–19; 8:45 am] collection of information is necessary BILLING CODE 4163–18–P for the proper performance of the Drug Overdose Surveillance and functions of the agency, including Epidemiology (DOSE)—New—National whether the information will have Center for Injury Prevention and Control DEPARTMENT OF HEALTH AND practical utility; (NCIPC), Centers for Disease Control HUMAN SERVICES (b) Evaluate the accuracy of the and Prevention (CDC). agencies estimate of the burden of the Background and Brief Description Centers for Disease Control and proposed collection of information, Prevention including the validity of the The rapid increase in opioid overdose methodology and assumptions used; deaths since 2013, numerous severe [30Day–19–19ACB] (c) Enhance the quality, utility, and fentanyl and fentanyl analog outbreaks Agency Forms Undergoing Paperwork clarity of the information to be occurring since 2015 across the United Reduction Act Review collected; States, and the declaration of the opioid (d) Minimize the burden of the overdose epidemic as a national public In accordance with the Paperwork collection of information on those who health emergency on October 26, 2017 Reduction Act of 1995, the Centers for are to respond, including, through the have highlighted the urgent need to Disease Control and Prevention (CDC) use of appropriate automated, rapidly establish and enhance timely has submitted the information electronic, mechanical, or other surveillance of suspected drug, opioid, collection request titled ‘‘The Drug technological collection techniques or heroin, and stimulant overdoses. These Overdose Surveillance and other forms of information technology, data are critical to inform timely local, Epidemiology (DOSE)’’ to the Office of e.g., permitting electronic submission of state, and regional response, especially Management and Budget (OMB) for responses; and to acute and/or widespread multi-state review and approval. CDC previously (e) Assess information collection outbreaks. published a ‘‘Proposed Data Collection costs. This new data collection effort is an Submitted for Public Comment and To request additional information on essential component toward reducing Recommendations’’ notice on April 2, the proposed project or to obtain a copy the opioid crisis, one of HHS 2019 to obtain comments from the of the information collection plan and Department’s top priorities. DOSE data public and affected agencies. CDC instruments, call (404) 639–7570 or is critical to our ability to rapidly received one comment related to the send an email to [email protected]. Direct identify outbreaks and provide previous notice. This notice serves to written comments and/or suggestions situational awareness of changes in allow an additional 30 days for public regarding the items contained in this emergency department (ED) visits and affected agency comments. notice to the Attention: CDC Desk involving suspected drug, opioid, CDC will accept all comments for this Officer, Office of Management and heroin and stimulant overdoses at the proposed information collection project. Budget, 725 17th Street NW, local, state, and regional level. This will

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be accomplished by standardizing and The system will leverage ED manner using the Rapid ED overdose enhancing sharing of existing ED data syndromic data and hospital discharge data form, which is an Excel data locally collected by 52 health data on ED visits already routinely template. This form also collects data departments (all 50 state health collected by state and territorial health quality indicators such as percent of ED departments, the health department of departments. No new data will be visits missing data on key variables (i.e., Puerto Rico, and the health department systematically collected from EDs, and metadata). In order to assess and of the District of Columbia) with CDC. health departments will be reimbursed improve rapid ED data sharing, all 52 In addition, CDC leadership by CDC for the burden related to sharing participating health departments will communicates with HHS on an ongoing ED data with CDC. Fifty-two funded also be asked to share counts of ED basis and this data is part of its request health departments (50 state health visits involving suspected drug, opioid, to better monitor, plan and implement departments, Puerto Rico, and the heroin and stimulant overdoses by programs to prevent overdose and District of Columbia) will rapidly share reduce subsequent harms. existing ED data with CDC on a monthly county, age group, sex, and time (i.e., DOSE proposes to fund 52 health basis using the Rapid ED overdose data month and year) from more finalized departments (50 state health form and standard CDC case definitions. hospital discharge files, the current departments, the health department of Data may come from different local ED surveillance standard. The data will be Puerto Rico and the health department data systems, but is expected to cover at shared with CDC on a quarterly or of the District of Columbia) to rapidly least 75% of ED visits in the jurisdiction yearly basis using a standardized Excel share existing ED data on counts of ED (e.g., state). data form, the ED discharge overdose visits involving suspected drug, opioid, CDC will require all participating data form, and standard CDC case heroin, and stimulant overdoses using health departments to provide counts of definitions. The total estimated annual two standard data forms (i.e., the Rapid ED visits involving suspected drug, burden hours are 1,542. There are no ED overdose data form and the ED opioid, heroin, and stimulant overdoses costs to the respondents other than their discharge overdose data form) and by county, age group, sex, and time (i.e., time. standard CDC case definitions. month and year) in a standardized

ESTIMATED ANNUALIZED BURDEN HOURS

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

State health departments, the DC health de- Rapid ED overdose data form ...... 28 12 3 partment and PR health department. Jurisdictions sharing case-level ED data with Rapid ED overdose data form ...... 24 12 30/60 CDC through the NSSP BioSense (OMB #0920–0824). State health departments, the DC health de- ED discharge overdose data form ...... 26 4 3 partment and PR health department. State health departments, the DC health de- ED discharge overdose data form—Year ...... 26 1 3 partment and PR health department.

Jeffrey M. Zirger, review and approval. CDC previously (c) Enhance the quality, utility, and Lead, Information Collection Review Office, published a ‘‘Proposed Data Collection clarity of the information to be Office of Scientific Integrity, Office of Science, Submitted for Public Comment and collected; Centers for Disease Control and Prevention. Recommendations’’ notice on March 6, (d) Minimize the burden of the [FR Doc. 2019–14297 Filed 7–3–19; 8:45 am] 2019 to obtain comments from the collection of information on those who BILLING CODE 4163–19–P public and affected agencies. CDC did are to respond, including, through the not receive comments related to the use of appropriate automated, previous notice. This notice serves to electronic, mechanical, or other DEPARTMENT OF HEALTH AND allow an additional 30 days for public HUMAN SERVICES technological collection techniques or and affected agency comments. other forms of information technology, CDC will accept all comments for this Centers for Disease Control and e.g., permitting electronic submission of proposed information collection project. responses; and Prevention The Office of Management and Budget is particularly interested in comments (e) Assess information collection [30Day–19–19MM] that: costs. Agency Forms Undergoing Paperwork (a) Evaluate whether the proposed To request additional information on Reduction Act Review collection of information is necessary the proposed project or to obtain a copy for the proper performance of the of the information collection plan and In accordance with the Paperwork functions of the agency, including instruments, call (404) 639–7570 or Reduction Act of 1995, the Centers for whether the information will have send an email to [email protected]. Direct Disease Control and Prevention (CDC) practical utility; written comments and/or suggestions has submitted the information (b) Evaluate the accuracy of the regarding the items contained in this collection request titled Study on agencies estimate of the burden of the notice to the Attention: CDC Desk Disparities in Distress Screening among proposed collection of information, Officer, Office of Management and Lung and Ovarian Cancer to the Office including the validity of the Budget, 725 17th Street NW, of Management and Budget (OMB) for methodology and assumptions used; Washington, DC 20503 or by fax to (202)

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395–5806. Provide written comments Sciences, Engineering, and Medicine) care, and medical service utilization. within 30 days of notice publication. ovarian cancer report, funded by CDC, Patient names, addresses, birth dates calls for increased study of the and Social Security Numbers will not be Proposed Project psychosocial needs of ovarian cancer collected. Study on Disparities in Distress survivors, recognizing the high rates of Staff from twelve of the 50 Screening among Lung and Ovarian depression, anxiety, and distress. Up to participating healthcare facilities will be Cancer—New—National Center for 60% of lung cancer survivors also invited to participate in an interview Chronic Disease Prevention and Health experience high levels of distress. Both and focus group to provide contextual Promotion (NCCDPHP) Centers for ovarian and lung cancer patients have understanding about facilitators and Disease Control and Prevention (CDC). relatively low five-year survival rates barriers to distress screening and follow- (45% and 17%, respectively). Therefore, up processes. This is a one-time data Background and Brief Description CDC believes that it is imperative to collection. Within the cancer treatment develop a greater understanding about Results of this study will provide community, interest in the psychosocial the types of psychosocial services they CDC’s National Comprehensive Cancer impacts of cancer diagnosis and receive during their course of treatment Control Program (NCCCP) with treatment is increasing. These and follow-up care. information to assist with the psychosocial impacts are wide ranging CDC proposes a new information development of information, resources, and include not only anxiety related to collection to examine the extent to technical assistance, and future the illness and treatment side effects which disparities exist in distress evidence-based interventions to such as pain, fatigue and cognition, but screening and follow-up among cancer improve the quality of life of lung and also stress related to nonmedical issues treatment facilities and programs across ovarian cancer survivors. Summative such as family relationships, financial the country. The study will include 50 findings will be used to evaluate the hardship, social stressors (e.g. healthcare facilities. From these need to help with policy, systems, or transportation), and stigmatization. facilities, we will request existing environmental changes that may There is growing evidence that electronic health records (EHR) of 2,000 enhance the landscape of quality of life addressing the psychosocial stresses of lung and ovarian cancer survivors. Data services for cancer survivors in cancer survivors increases both their elements collected will include patient communities at large. OMB approval is longevity and quality of life. demographic information, cancer requested for one year. The total The 2016 Institute of Medicine diagnosis and treatment, experience estimated annualized burden hours are (currently, National Academies of with distress screening and follow-up 512.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Instrument respondents responses per response respondent (in hours)

Quantitative: Healthcare Professionals (POC) ...... Survey ...... 50 1 20/60 IT Staff ...... EMR data ...... 50 1 7.5 Qualitative: Healthcare Professionals ...... Key Informant Interview ...... 12 1 1 Focus Groups ...... 72 1 1.5

Jeffrey M. Zirger, SUMMARY: The Centers for Disease DATES: CDC must receive written Lead, Information Collection Review Office, Control and Prevention (CDC), as part of comments on or before September 3, Office of Scientific Integrity, Office of Science, its continuing effort to reduce public 2019. Centers for Disease Control and Prevention. burden and maximize the utility of ADDRESSES: You may submit comments, [FR Doc. 2019–14298 Filed 7–3–19; 8:45 am] government information, invites the identified by Docket No. CDC–2019– BILLING CODE 4163–18–P general public and other Federal 0052 by any of the following methods: agencies the opportunity to comment on • Federal eRulemaking Portal: a proposed and/or continuing DEPARTMENT OF HEALTH AND Regulations.gov. Follow the instructions information collection, as required by HUMAN SERVICES for submitting comments. the Paperwork Reduction Act of 1995. • Mail: Jeffrey M. Zirger, Information Centers for Disease Control and This notice invites comment on a Collection Review Office, Centers for Prevention proposed information collection project Disease Control and Prevention, 1600 titled Energy Employees Occupational Clifton Road NE, MS–D74, Atlanta, [60Day–19–0639; Docket No. CDC–19–0052] Illness Compensation Program Act of Georgia 30329. 2000 (EEOICPA) Special Exposure Instructions: All submissions received Proposed Data Collection Submitted Cohort Petitions. This information must include the agency name and for Public Comment and collection project permits respondents Docket Number. CDC will post, without Recommendations to submit petitions to HHS requesting change, all relevant comments to AGENCY: Centers for Disease Control and the addition of classes of employees to Regulations.gov. Prevention (CDC), Department of Health the Special Exposure Cohort under Please note: Submit all comments and Human Services (HHS). EEOICPA. through the Federal eRulemaking portal (regulations.gov) or by U.S. mail to the ACTION: Notice with comment period. address listed above.

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FOR FURTHER INFORMATION CONTACT: To Background and Brief Description hard copy. Respondent/petitioners request more information on the On October 30, 2000, the Energy should be aware that HHS is not proposed project or to obtain a copy of Employees Occupational Illness requiring respondents to use the forms. the information collection plan and Compensation Program Act of 2000 Respondents can choose to submit instruments, contact Jeffrey M. Zirger, of (EEOICPA), 42 U.S.C. 7384–7385 [1994, petitions as letters or in other formats, the Information Collection Review supp. 2001] was enacted. The Act but petitions must meet the Office, Centers for Disease Control and established a compensation program to informational requirements stated in the Prevention, 1600 Clifton Road NE, MS– provide a lump sum payment of rule. NIOSH expects, however, that all D74, Atlanta, Georgia 30329; phone: $150,000 and medical benefits as petitioners for whom Form A would be 404–639–7570; Email: [email protected]. compensation to covered employees appropriate will actually use the form, SUPPLEMENTARY INFORMATION: Under the suffering from designated illnesses since NIOSH will provide it to them Paperwork Reduction Act of 1995 (PRA) incurred as a result of their exposure to upon determining that their dose (44 U.S.C. 3501–3520), Federal agencies radiation, beryllium, or silica while in reconstruction cannot be completed and must obtain approval from the Office of the performance of duty for the encourage them to submit the petition. Management and Budget (OMB) for each Department of Energy and certain of its NIOSH expects the large majority of collection of information they conduct vendors, contractors and subcontractors. petitioners for whom Form B would be or sponsor. In addition, the PRA also This legislation also provided for appropriate will also use the form, since requires Federal agencies to provide a payment of compensation for certain it provides a simple, organized format 60-day notice in the Federal Register survivors of these covered employees. for addressing the informational concerning each proposed collection of This program has been mandated to be requirements of a petition. information, including each new in effect until Congress ends the NIOSH will use the information proposed collection, each proposed funding. obtained through the petition for the extension of existing collection of Among other duties, the Department following purposes: (a) Identify the information, and each reinstatement of of Health and Human Services (HHS) petitioner(s), obtain their contact previously approved information was directed to establish and implement information, and establish that the collection before submitting the procedures for considering petitions by petitioner(s) is qualified and intends to collection to the OMB for approval. To classes of nuclear weapons workers to petition HHS; (b) establish an initial comply with this requirement, we are be added to the ‘‘Special Exposure definition of the class of employees publishing this notice of a proposed Cohort’’ (the ‘‘Cohort’’). In brief, being proposed to be considered for data collection as described below. EEOICPA authorizes HHS to designate addition to the Cohort; (c) determine The OMB is particularly interested in such classes of employees for addition whether there is justification to require comments that will help: to the Cohort when NIOSH lacks HHS to evaluate whether or not to 1. Evaluate whether the proposed sufficient information to estimate with designate the proposed class as an collection of information is necessary sufficient accuracy the radiation doses addition to the Cohort (such an for the proper performance of the of the employees, and if HHS also finds evaluation involves potentially functions of the agency, including that the health of members of the class extensive data collection, analysis, and whether the information will have may have been endangered by the related deliberations by NIOSH, the practical utility; radiation dose the class potentially Board, and HHS); and, (d) target an 2. Evaluate the accuracy of the incurred. HHS must also obtain the evaluation by HHS to examine relevant agency’s estimate of the burden of the advice of the Advisory Board on potential limitations of radiation proposed collection of information, Radiation and Worker Health (the monitoring and/or dosimetry-relevant including the validity of the ‘‘Board’’) in establishing such findings. records and to examine the potential for methodology and assumptions used; On May 28, 2004, HHS issued a rule related radiation exposures that might 3. Enhance the quality, utility, and that established procedures for adding have endangered the health of members clarity of the information to be such classes to the Cohort (42 CFR part of the class. collected; and 83). The rule was amended on July 10, 4. Minimize the burden of the 2007. Finally, under the rule, petitioners collection of information on those who The HHS rule authorizes a variety of may contest the proposed decision of are to respond, including through the respondents to submit petitions. the Secretary to add or deny adding use of appropriate automated, Petitioners are required to provide the classes of employees to the cohort by electronic, mechanical, or other information specified in the rule to submitting evidence that the proposed technological collection techniques or qualify their petitions for a complete decision relies on a record of either other forms of information technology, evaluation by HHS and the Board. HHS factual or procedural errors in the e.g., permitting electronic submissions has developed two forms to assist the implementation of these procedures. of responses. petitioners in providing this required NIOSH estimates that the average time 5. Assess information collection costs. information efficiently and completely. to prepare and submit such a challenge Form A is a one-page form to be used is five hours. Because of the uniqueness Proposed Project by EEOICPA claimants for whom of this submission, NIOSH is not Energy Employees Occupational NIOSH has attempted to conduct dose providing a form. The submission will Illness Compensation Program Act of reconstructions and has determined that typically be in the form of a letter to the 2000 (EEOICPA) Special Exposure available information is not sufficient to Secretary. Cohort Petitions. (OMB No. 0920–0639 complete the dose reconstruction. Form There are no costs to respondents exp. 10/31/2019)—Extension—National B, accompanied by separate unless a respondent/petitioner chooses Institute for Occupational Safety and instructions, is intended for all other to purchase the services of an expert in Health (NIOSH), Centers for Disease petitioners. Forms A and B can be dose reconstruction, an option provided Control and Prevention (CDC). submitted electronically as well as in for under the rule.

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ESTIMATED ANNUALIZED BURDEN HOURS

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

Petitioners ...... Form A, 42 CFR 83.9 ...... 2 1 3/60 6/60 Form B, 42 CFR 83.9 ...... 5 1 5 25 Petitioners using a submission for- 42 CFR 83.9 ...... 1 1 6 6 mat other than Form B (as per- mitted by rule). Petitioners Appealing final HHS deci- 42 CFR 83.18 ...... 2 1 5 10 sion (no specific form is required). Claimant authorizing a party to sub- Authorization Form, 42 CFR 83.7 .... 3 1 3/60 9/60 mit petition on his/her behalf.

Total ...... 41

Jeffrey M. Zirger, ADDRESSES: You may submit comments, The OMB is particularly interested in Lead, Information Collection Review Office, identified by Docket No. CDC–2019– comments that will help: Office of Scientific Integrity, Office of Science, 0048 by any of the following methods: 1. Evaluate whether the proposed Centers for Disease Control and Prevention. • Federal eRulemaking Portal: collection of information is necessary [FR Doc. 2019–14304 Filed 7–3–19; 8:45 am] Regulations.gov. Follow the instructions for the proper performance of the BILLING CODE 4163–18–P for submitting comments. functions of the agency, including • Mail: Jeffrey M. Zirger, Information whether the information will have Collection Review Office, Centers for practical utility; DEPARTMENT OF HEALTH AND Disease Control and Prevention, 1600 2. Evaluate the accuracy of the HUMAN SERVICES Clifton Road NE, MS–D74, Atlanta, agency’s estimate of the burden of the Georgia 30329. proposed collection of information, Centers for Disease Control and Instructions: All submissions received including the validity of the Prevention must include the agency name and methodology and assumptions used; Docket Number. CDC will post, without 3. Enhance the quality, utility, and [60 Day–19–19AYV; Docket No. CDC–2019– change, all relevant comments to clarity of the information to be 0048] Regulations.gov. collected; and Please note: Submit all comments 4. Minimize the burden of the Proposed Data Collection Submitted through the Federal eRulemaking portal collection of information on those who for Public Comment and (regulations.gov) or by U.S. mail to the are to respond, including through the Recommendations address listed above. use of appropriate automated, AGENCY: Centers for Disease Control and FOR FURTHER INFORMATION CONTACT: To electronic, mechanical, or other Prevention (CDC), Department of Health request more information on the technological collection techniques or and Human Services (HHS). proposed project or to obtain a copy of other forms of information technology, e.g., permitting electronic submissions ACTION: Notice with comment period. the information collection plan and instruments, contact Jeffrey M. Zirger, of of responses. SUMMARY: The Centers for Disease the Information Collection Review 5. Assess information collection costs. Control and Prevention (CDC), as part of Office, Centers for Disease Control and Proposed Project its continuing effort to reduce public Prevention, 1600 Clifton Road NE, MS– State and Local Public Health burden and maximize the utility of D74, Atlanta, Georgia 30329; phone: Laboratory Antibiotic Resistance government information, invites the 404–639–7570; Email: [email protected]. Testing—Existing Collection in use general public and other Federal SUPPLEMENTARY INFORMATION: Under the without an OMB Control Number— agencies the opportunity to comment on Paperwork Reduction Act of 1995 (PRA) National Center for Emerging and a proposed and/or continuing (44 U.S.C. 3501–3520), Federal agencies Zoonotic Infectious Diseases (NCEZID), information collection, as required by must obtain approval from the Office of Centers for Disease Control and the Paperwork Reduction Act of 1995. Management and Budget (OMB) for each Prevention (CDC). This notice invites comment on a collection of information they conduct proposed information collection project or sponsor. In addition, the PRA also Background and Brief Description titled State and Local Public Health requires Federal agencies to provide a This state and local laboratory testing Laboratory Antibiotic Resistance 60-day notice in the Federal Register capacity collection is being Testing. This collection will assist concerning each proposed collection of implemented by the Department of public health laboratories to improve information, including each new Health and Human Services (HHS), detection and characterization of two proposed collection, each proposed Centers for Disease Control and urgent antibiotic resistant threats in extension of existing collection of Prevention (CDC) in response to healthcare-associated infections, information, and each reinstatement of Executive Order 13676, with the carbapenem-resistant Enterobacteriaceae previously approved information National Strategy of September 2014, (CRE) and carbapenem-resistant collection before submitting the and to implement sub-objective 2.1.1 of Pseudomonas aeruginosa (CRPA). collection to the OMB for approval. To the National Action Plan of March 2015 DATES: CDC must receive written comply with this requirement, we are for Combating Antibiotic Resistant comments on or before September 3, publishing this notice of a proposed Bacteria. Data collected throughout this 2019. data collection as described below. network is also authorized by Section

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301 of the Public Health Service Act (42 DNA sequencing, and rapid sharing of was evaluated to be approximately six U.S.C. 241). actionable data to drive infection minutes. The average burden per The Antibiotic Resistance Laboratory control responses and help treat response for the Annual Evaluation and Network (AR Lab Network) is made up infections. This infrastructure allows Performance Measurement Report was of 56 jurisdictional public health the public health community to rapidly evaluated to be four hours per report. laboratories (i.e., all 50 states, five large detect emerging antibiotic-resistant Based on previous laboratory cities, and Puerto Rico). These 56 threats in healthcare and the experience in analyzing CRE/CRPA laboratories will be equipped to detect community, mount a comprehensive isolates, the estimated time for each and characterize carbapenem-resistant local response, and better understand participating public health laboratory Enterobacteriaceae (CRE) and these deadly threats to quickly contain for Monthly Testing Results Report is them. Pseudomonas aeruginosa (CRPA). These four hours per response. Because of the Funded state and local public health resistant bacteria are becoming more need to add more data collection points and more prevalent, particularly in laboratories will provide the following information to the Program Office at as new drugs are developed, new healthcare settings, and are typically susceptibility testing methods are made identified in clinical laboratories. CDC—Division of Healthcare Quality Promotion (DHQP): available, new resistance mechanisms However, characterization is often emerge, and new pathogens are limited. The laboratory testing will 1. A summary report describing testing methods and volume. These prioritized as threats, the Monthly Data allow for additional testing and Report includes some placeholder characterization, including use of gold- reports will be submitted by email to [email protected]. elements in expectation of evolving standard methods. Characterization needs. includes organism identification, 2. Evaluation and Performance antimicrobial susceptibility testing Measurement Reports to CDC via email The use of ARLN Alerts encompass (AST) to confirm carbapenem resistance to [email protected]. targeted AR threats that include new 3. A report for all testing results to and determine susceptibility to new and rare plasmid-mediated (‘‘jumping’’) CDC using an online web-portal drugs of therapeutic and carbapenemase genes, isolates that are transmission. For messaging to CDC, epidemiological importance, a non-susceptible to all drugs tested, and these messaging protocols will be phenotypic method to detect detection of novel resistance provided by the Association of Public mechanisms. These alerts must be sent carbapenemase enzyme production, and Health Laboratories (APHL) Informatics molecular testing to identify the within one working day of detection. Messaging Services (AIMS) platform. The elements of these messages include resistance mechanism(s). Results from 4. Detection of targeted resistant this laboratory testing will be used to (1) the unique public health laboratory organisms and resistance mechanisms specimen ID and a summary of identify targets for infection control, (2) that pose an immediate threat to patient detect new types of resistance, (2) specimen testing results generated to safety and require rapid infection date. With the conversion to HL7 characterize geographical distribution of control, facility assessments, and/or resistance, (3) determine whether messaging of these data will be additional diagnostics, and an transmitted in real-time, thus resistance mechanisms are spreading immediate communication to the local among organisms, people, and facilities, eliminating the need to send alerts. healthcare-associated infection program Until that time, REDCap will be utilized and (4) provide data that informs state in the jurisdictional public health and local public health surveillance and to communicate alerts. CDC estimates department and CDC. that public health laboratories send an prevention activities and priorities. The estimated annualized burden average of 34 ARLN Alerts per lab each CDC’s AR Lab Network supports hours were determined as follows. year, with an estimated burden per nationwide lab capacity to rapidly There are 56 laboratories within this response of 0.1 hours. detect antibiotic resistance and inform framework. A ‘‘respondent’’ refers to a local public health responses to prevent single participating testing laboratory. A The total estimated annualized spread and protect people. It closes the ‘‘response’’ is defined as the data burden across all AR Lab Network labs gap between local capabilities and the collection/processing and laboratory and activities for DHQP is 3108 hours. data needed to combat antibiotic processing associated with an Public Health laboratories receive resistance by providing comprehensive individual isolate from an individual federal funds through CDC’s lab capacity and infrastructure for patient. Epidemiology and Laboratory Capacity detecting antibiotic-resistant pathogens The average burden per response for for Infectious Diseases (ELC) mechanism (germs), cutting-edge technology, like the Annual Summary of testing methods to participate in this project.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Public Health Laboratories ...... Annual Report of Testing Methods .. 56 1 6/60 6 Public Health Laboratories ...... Annual Evaluation and Performance 56 1 4 224 Measurement Report. Public Health Laboratories ...... Monthly Testing Results Reports ..... 56 12 4 2,688 Public Health Laboratories ...... ARLN Alerts ...... 56 34 6/60 190

Total ...... 3,108

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Jeffrey M. Zirger, FOR FURTHER INFORMATION CONTACT: To risk for infection that are related to Lead, Information Collection Review Office, request more information on the Human Immunodeficiency Virus (HIV) Office of Scientific Integrity, Office of Science, proposed project or to obtain a copy of transmission and prevention in the Centers for Disease Control and Prevention. the information collection plan and United States. The primary objectives of [FR Doc. 2019–14299 Filed 7–3–19; 8:45 am] instruments, contact Jeffrey M. Zirger, the NHBS are to obtain data from BILLING CODE 4163–18–P Information Collection Review Office, samples of persons at risk to: (a) Centers for Disease Control and Describe the prevalence and trends in Prevention, 1600 Clifton Road NE, MS– risk behaviors; (b) describe the DEPARTMENT OF HEALTH AND D74, Atlanta, Georgia 30329; phone: prevalence of and trends in HIV testing HUMAN SERVICES 404–639–7570; Email: [email protected]. and HIV infection; (c) describe the SUPPLEMENTARY INFORMATION: Under the prevalence of and trends in use of HIV Centers for Disease Control and Paperwork Reduction Act of 1995 (PRA) prevention services; (d) identify met and Prevention (44 U.S.C. 3501–3520), Federal agencies unmet needs for HIV prevention [60Day–19–0770; Docket No. CDC–2019– must obtain approval from the Office of services in order to inform health 0054] Management and Budget (OMB) for each departments, community based collection of information they conduct organizations, community planning Proposed Data Collection Submitted or sponsor. In addition, the PRA also groups and other stakeholders. for Public Comment and requires Federal agencies to provide a By describing and monitoring the HIV Recommendations 60-day notice in the Federal Register risk behaviors, HIV seroprevalence and incidence, and HIV prevention AGENCY: concerning each proposed collection of Centers for Disease Control and experiences of persons at highest risk Prevention (CDC), Department of Health information, including each new proposed collection, each proposed for HIV infection, NHBS provides an and Human Services (HHS). important data source for evaluating ACTION: Notice with comment period. extension of existing collection of information, and each reinstatement of progress towards national public health SUMMARY: The Centers for Disease previously approved information goals, such as reducing new infections, Control and Prevention (CDC), as part of collection before submitting the increasing the use of condoms, and its continuing effort to reduce public collection to the OMB for approval. To targeting high-risk groups. The Centers for Disease Control and burden and maximize the utility of comply with this requirement, we are Prevention requests approval for a three- government information, invites the publishing this notice of a proposed year revision of this information general public and other Federal data collection as described below. collection. Data are collected through agencies the opportunity to comment on The OMB is particularly interested in anonymous, in-person interviews a proposed and/or continuing comments that will help: conducted with persons systematically information collection, as required by 1. Evaluate whether the proposed selected from up to 25 Metropolitan the Paperwork Reduction Act of 1995. collection of information is necessary Statistical Areas (MSAs) throughout the This notice invites comment on a for the proper performance of the functions of the agency, including United States; these 25 MSAs are proposed information collection project chosen based on having high HIV titled National HIV Behavioral whether the information will have practical utility; prevalence. Persons at risk for HIV Surveillance System (NHBS). CDC is infection to be interviewed for NHBS requesting approval for a revision to the 2. Evaluate the accuracy of the agency’s estimate of the burden of the include men who have sex with men previously approved project to continue (MSM), persons who inject drugs (IDU), collecting standardized HIV-related proposed collection of information, including the validity of the and heterosexually active persons at behavioral data from persons at risk for increased risk of HIV infection (HET). A HIV, selected from up to 25 methodology and assumptions used; 3. Enhance the quality, utility, and brief screening interview will be used to Metropolitan Statistical Areas (MSAs) determine eligibility for participation in throughout the United States. clarity of the information to be collected; and the behavioral assessment. DATES: CDC must receive written 4. Minimize the burden of the The data from the behavioral comments on or before September 3, collection of information on those who assessment will provide estimates of (1) 2019. are to respond, including through the behavior related to the risk of HIV and ADDRESSES: You may submit comments, use of appropriate automated, other sexually transmitted diseases, (2) identified by Docket No. CDC–2019– electronic, mechanical, or other prior testing for HIV, (3) and use of HIV 0054 by any of the following methods: technological collection techniques or prevention services. • Federal eRulemaking Portal: other forms of information technology, All persons interviewed will also be Regulations.gov. Follow the instructions e.g., permitting electronic submissions offered an HIV test, and will participate for submitting comments. in a pre-test counseling session. No • of responses. Mail: Jeffrey M. Zirger, Information 5. Assess information collection costs. other federal agency systematically Collection Review Office, Centers for collects this type of information from Disease Control and Prevention, 1600 Proposed Project persons at risk for HIV infection. These Clifton Road NE, MS–D74, Atlanta, National HIV Behavioral Surveillance data have substantial impact on Georgia 30329. System (NHBS)—(OMB Control No. prevention program development and Instructions: All submissions received 0920–0770, Exp. 05/31/2020)— monitoring at the local, state, and must include the agency name and Revision—National Center for HIV/ national levels. Docket Number. CDC will post, without AIDS, Viral Hepatitis, STD, and TB CDC estimates that NHBS will change, all relevant comments to Prevention (NCHHSTP), Centers for involve, per year in up to 25 MSAs, Regulations.gov. Disease Control and Prevention (CDC). eligibility screening for 100 persons and Please note: Submit all comments eligibility screening plus the behavioral through the Federal eRulemaking portal Background and Brief Description assessment with 500 eligible (regulations.gov) or by U.S. mail to the The purpose of this data collection is respondents, resulting in a total of address listed above. to monitor behaviors of persons at high 37,500 eligible survey respondents and

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7,500 ineligible screened persons during in Year 3. The type of data collected for Participation of respondents is a three-year period. Data collection will each group will vary slightly due to voluntary and there is no cost to the rotate such that interviews will be different sampling methods and risk respondents other than their time. conducted among one group per year: characteristics of the group. MSM in Year 1, IDU in Year 2, and HET

ESTIMATED ANNUALIZED BURDEN HOURS

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

Persons Screened ...... Eligibility Screener ...... 15,000 1 5/60 1,250 Eligible Participants ...... Behavioral Assessment MSM ...... 4,167 1 24/60 1,667 Eligible Participants ...... Behavioral Assessment IDU ...... 4,167 1 43/60 2,986 Eligible Participant ...... Behavioral Assessment HET ...... 4,167 1 31/60 2,153 Peer Recruiters ...... Recruiter Debriefing ...... 4,167 1 2/60 139

Total ...... 8,195

Jeffrey M. Zirger, health system level changes to support proposed collection, each proposed Lead, Information Collection Review Office, prevention and management of diabetes extension of existing collection of Office of Scientific Integrity, Office of Science, and heart disease. information, and each reinstatement of Centers for Disease Control and Prevention. DATES: CDC must receive written previously approved information [FR Doc. 2019–14305 Filed 7–3–19; 8:45 am] comments on or before September 3, collection before submitting the BILLING CODE 4163–18–P 2019. collection to the OMB for approval. To comply with this requirement, we are ADDRESSES: You may submit comments, publishing this notice of a proposed identified by Docket No. CDC–2019– DEPARTMENT OF HEALTH AND data collection as described below. HUMAN SERVICES 0055 by any of the following methods: • Federal eRulemaking Portal: The OMB is particularly interested in Centers for Disease Control and Regulations.gov. Follow the instructions comments that will help: Prevention for submitting comments. 1. Evaluate whether the proposed • Mail: Jeffrey M. Zirger, Information [60Day–19–19BHC; Docket No. CDC–19– collection of information is necessary 0055] Collection Review Office, Centers for for the proper performance of the Disease Control and Prevention, 1600 functions of the agency, including Proposed Data Collection Submitted Clifton Road NE, MS–D74, Atlanta, whether the information will have for Public Comment and Georgia 30329. practical utility; Recommendations Instructions: All submissions received 2. Evaluate the accuracy of the must include the agency name and AGENCY: Centers for Disease Control and agency’s estimate of the burden of the Docket Number. CDC will post, without proposed collection of information, Prevention (CDC), Department of Health change, all relevant comments to and Human Services (HHS). including the validity of the Regulations.gov. methodology and assumptions used; ACTION: Notice with comment period. Please note: Submit all comments through the Federal eRulemaking portal 3. Enhance the quality, utility, and SUMMARY: The Centers for Disease (regulations.gov) or by U.S. mail to the clarity of the information to be Control and Prevention (CDC), as part of collected; and its continuing effort to reduce public address listed above. 4. Minimize the burden of the burden and maximize the utility of FOR FURTHER INFORMATION CONTACT: To collection of information on those who government information, invites the request more information on the general public and other Federal proposed project or to obtain a copy of are to respond, including through the agencies the opportunity to comment on the information collection plan and use of appropriate automated, a proposed and/or continuing instruments, contact Jeffrey M. Zirger, electronic, mechanical, or other information collection, as required by Information Collection Review Office, technological collection techniques or the Paperwork Reduction Act of 1995. Centers for Disease Control and other forms of information technology, This notice invites comment on a Prevention, 1600 Clifton Road NE, MS– e.g., permitting electronic submissions proposed information collection project D74, Atlanta, Georgia 30329; phone: of responses. titled EVALUATION OF THE DP18– 404–639–7570; Email: [email protected]. 5. Assess information collection costs. 1815 COOPERATIVE AGREEMENT SUPPLEMENTARY INFORMATION: Under the Proposed Project PROGRAM: IMPROVING THE HEALTH Paperwork Reduction Act of 1995 (PRA) OF AMERICANS THROUGH (44 U.S.C. 3501–3520), Federal agencies Evaluation of the DP18–1815 PREVENTION AND MANAGEMENT OF must obtain approval from the Office of Cooperative Agreement Program: DIABETES AND HEART DISEASE AND Management and Budget (OMB) for each Improving the Health of Americans STROKE. The purpose of data collection collection of information they conduct Through Prevention and Management of is to determine CDC-funded recipients’ or sponsor. In addition, the PRA also Diabetes and Heart Disease and Stroke— progress towards using DP18–1815 requires Federal agencies to provide a New—National Center for Chronic funds to implement evidence-based 60-day notice in the Federal Register Disease Prevention and Health strategies, and to determine how those concerning each proposed collection of Promotion, Centers for Disease Control efforts are contributing to state level and information, including each new and Prevention (CDC).

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Background and Brief Description DHDSP and is structured into two as well as select HD recipient partner The Centers for Disease Control and program categories aligning with each sites, which are organizations that HD Prevention (CDC) Division of Diabetes Division: Category A focuses on diabetes recipients are partnering with in the Translation (DDT) and Division for management and Type 2 diabetes implementation of the 1815 strategies. Heart Disease and Stroke Prevention prevention; Category B focuses on CVD The evaluation of cooperative (DHDSP) are submitting this new three prevention and management. agreement strategies and activities year information collection request This cooperative agreement is a conducted by DDT and DHDSP will (ICR) for an evaluation of the recently substantial investment of federal funds. determine the efficiency, effectiveness, launched five-year Cooperative DDT and DHDSP are responsible for the impact and sustainability of 1815- Agreement program CDC–RFA–DP18– stewardship of these funds, and they funded strategies in the promotion, 1815PPHF18: Improving the Health of must be able to demonstrate the types of prevention, and management of diabetes Americans Through Prevention and interventions being implemented and and heart disease and help identify Management of Diabetes and Heart what is being accomplished through the promising practices that can be Disease and Stroke, hereafter referred to use of these funds. Thus, throughout the replicated and scaled to better improve as ‘‘1815’’. This cooperative agreement five-year cooperative agreement period, health outcomes. In addition, evaluation funds all 50 State Health Departments CDC will work with HD recipients to plays a critical role in organizational and the Washington, DC health track the implementation of the learning, program planning, decision- department (hereafter referred to as ‘‘HD cooperative agreement strategies and making, and measurement of the 1815 recipients’’) to support investments in evaluate program processes and strategies. As an action-oriented implementing evidence-based strategies outcomes. In order to collect this process, the evaluation will serve to to prevent and manage cardiovascular information, CDC has designed four identify programs that have positive disease (CVD) and diabetes in high- overarching components: (1) Category A outcomes, identify those that may need burden populations/communities rapid evaluation of DSMES and additional technical assistance support, within each state and the District of National DPP partner sites, (2) Category and highlight the specific activities that Columbia. High burden populations/ B case studies, (3) Category B cost study, make the biggest contribution to communities are those affected and (4) Category A and B recipient-led improving diabetes and cardiovascular disproportionately by high blood evaluations. Each component consists of disease prevention and management pressure, high blood cholesterol, data collection mechanisms and tools efforts. Without collection of new diabetes, or prediabetes due to that are designed to capture the most evaluative data, CDC will not be able to socioeconomic or other characteristics, relevant information needed to inform capture critical information needed to including access to care, poor quality of the evaluation effort while placing continuously improve programmatic care, or low income. The 1815 program minimum burden on respondents. efforts and clearly demonstrate the use is a collaboration between DDT and Respondents will include HD recipients, of federal funds.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Category A Site-Level Rapid Evaluation

HD recipient staff...... National DPP Partner Site-Level 51 1 30/60 8.5 Rapid Evaluation Site Nomination Form. HD recipient staff...... DSMES Partner Site-Level Rapid 51 1 30/60 8.5 Evaluation Site Nomination Form. DSMES partner site staff ...... DSMES Rapid Evaluation Interview 14 1 2 28 Guide—Program/Quality Coordi- nator. DSMES partner site staff ...... DSMES Rapid Evaluation Interview 28 1 2 56 Guide—Paraprofessional. DSMES partner site staff ...... DSMES Rapid Evaluation Interview 28 1 2 56 Guide—Health Professional. DSMES partner site staff ...... DSMES Rapid Evaluation Survey 510 1 1 340 Questionnaire. National DPP partner site staff ...... National DPP Rapid Evaluation 14 1 2 28 Interview Guide—Program Coor- dinator. National DPP partner site staff ...... National DPP Rapid Evaluation 28 1 2 56 Interview Guide—Lifestyle Coach. National DPP partner site staff ...... National DPP Rapid Evaluation Sur- 510 1 1 340 vey Questionnaire.

Category B Case Study—Site-Level Interviews

Partner site staff...... CQM Partner Site-Level Interview 45 1 1.5 22.5 Guide. Partner site staff...... TBC Partner Site-Level Interview 24 1 1.5 12 Guide. Partner site staff...... MTM Partner Site-Level Interview 21 1 1.5 10.5 Guide.

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

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

Partner site staff...... CCL Partner Site-Level Interview 45 1 1.5 22.5 Guide.

Category B Case Study—SHD-Level Interview

HD recipient staff ...... CQM HD Recipient Interview Guide 25 1 2 33.5 HD recipient staff ...... TBC HD Recipient Interview Guide 13 1 2 17.5 HD recipient staff ...... MTM HD Recipient Interview Guide 12 1 2 16 HD recipient staff ...... CCL HD Recipient Interview Guide 25 1 2 33.5

Category B Case Study SHD-Level Group Discussion Guide

HD recipient staff ...... CQM HD Recipient Group Discus- 40 1 2.5 67 sion Guide. HD recipient staff ...... TBC HD Recipient Group Discus- 40 1 2.5 67 sion Guide. HD recipient staff ...... CCL HD Recipient Group Discus- 40 1 2.5 67 sion Guide.

Category B Cost Study

HD recipient staff ...... HD Recipient Resource Use and 25 1 2.5 21 Cost Inventory Tool (Category B). Partner site staff...... Partner Site-Level Resource Use 50 1 2.5 42 and Cost Inventory Tool (Cat- egory B).

Recipient-Led Evaluation Report Templates

HD recipient staff ...... Category A EPMP Template ...... 51 1 8 136 HD recipient staff ...... Category A—DDT Recipient-led An- 51 1 8 408 nual Evaluation Report Tem- plate(s). HD recipient staff ...... Category B—DHDSP Recipient-led 51 1 8 408 Evaluation Reporting Deliverable Template(s).

Total ...... 1,792 ...... 2,303

Jeffrey M. Zirger, its continuing effort to reduce public • Federal eRulemaking Portal: Lead, Information Collection Review Office, burden and maximize the utility of Regulations.gov. Follow the instructions Office of Scientific Integrity, Office of Science, government information, invites the for submitting comments. Centers for Disease Control and Prevention. general public and other Federal • Mail: Jeffrey M. Zirger, Information [FR Doc. 2019–14301 Filed 7–3–19; 8:45 am] agencies to take this opportunity to Collection Review Office, Centers for BILLING CODE 4163–18–P comment on proposed and/or Disease Control and Prevention, 1600 continuing information collections, as Clifton Road NE, MS–D74, Atlanta, required by the Paperwork Reduction Georgia 30329. DEPARTMENT OF HEALTH AND Act of 1995. This notice invites Instructions: All submissions received HUMAN SERVICES comment on a proposed information must include the agency name and Centers for Disease Control and collection project titled Understanding Docket Number. CDC will post, without Prevention important issues in Ovarian Cancer change, all relevant comments to Survivorship (OCS) project. The OCS Regulations.gov. [60Day–19–19BHM; Docket No. CDC–2019– project aims to better understand the Please note: All public comment 0056] needs of ovarian cancer survivors and should be submitted through the how to more effectively develop Federal eRulemaking portal Proposed Data Collection Submitted interventions targeted to this (regulations.gov) or by U.S. Mail to the for Public Comment and population. address listed above. Recommendations FOR FURTHER INFORMATION CONTACT: To DATES: Written comments must be AGENCY: Centers for Disease Control and request more information on the Prevention (CDC), Department of Health received on or before September 3, proposed project or to obtain a copy of and Human Services (HHS) 2019. the information collection plan and instruments, contact Jeffrey M. Zirger, ACTION: Notice with comment period. ADDRESSES: You may submit comments, Information Collection Review Office, identified by Docket No. CDC–2019– SUMMARY: The Centers for Disease Centers for Disease Control and 0056 by any of the following methods: Control and Prevention (CDC), as part of Prevention, 1600 Clifton Road NE, MS–

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D74, Atlanta, Georgia 30329; phone: Centers for Disease Control and 2. What kinds of pharmacologic and 404–639–7570; Email: [email protected]. Prevention (CDC). non-pharmacologic interventions do ovarian cancer survivors utilize to SUPPLEMENTARY INFORMATION: Under the Background and Brief Description Paperwork Reduction Act of 1995 (PRA) manage their conditions? (44 U.S.C. 3501–3520), Federal agencies Ovarian cancer is the ninth most 3. What barriers to ovarian cancer must obtain approval from the Office of common cancer and the fifth leading survivors have in accessing and cause of cancer death among women in Management and Budget (OMB) for each receiving appropriate diagnostic care, the United States. Over 20,000 women collection of information they conduct treatment, and follow-up care? or sponsor. In addition, the PRA also are diagnosed with ovarian cancer each year. Due to the lack of a recommended 4. What unmet needs do ovarian requires Federal agencies to provide a cancer survivors have? 60-day notice in the Federal Register screening test, ovarian cancer is often concerning each proposed collection of diagnosed at late stages, leading to low The overall sample design targets information, including each new five-year survival rates. While previous 1,500 completed interviews. We assume proposed collection, each proposed studies are able to identify some of the that approximately 80% of completed extension of existing collection of needs of ovarian cancer survivors, surveys will come from more traditional information, and each reinstatement of particularly related to physical sampling utilizing lists from the state previously approved information complications and side effects, cancer registries (n=1,200). The collection before submitting the additional research is needed to further remainder of the completed interviews collection to OMB for approval. To understand the experiences and needs will come through social media comply with this requirement, we are of survivors. outreach and respondent-driven publishing this notice of a proposed The National Academies of Sciences, sampling (RDS) methods (n=300). This data collection as described below. Engineering, and Medicine released is a one year data collection period. The OMB is particularly interested in their report, Ovarian Cancers: Evolving For the social media recruitment, comments that will help: Paradigms in Research and Care, which individuals will be recruited to 1. Evaluate whether the proposed identified key priorities for researchers, participate in the web survey through collection of information is necessary including recommending research on advertisements posted on social media for the proper performance of the the ‘‘supportive care needs of ovarian sites. These ads are targeted toward the functions of the agency, including cancer survivors throughout the disease specific population of women we wish whether the information will have trajectory’’. In order to address these to complete the survey. Interested practical utility; research gaps and supplement current respondents who click on an ad will be 2. Evaluate the accuracy of the knowledge of the ongoing needs of routed to the survey landing page which agency’s estimate of the burden of the survivors, including how to implement will explain the purpose of the study proposed collection of information, programs and interventions to improve and include consent language. If the including the validity of the their health, CDC has supported a respondent is eligible, she will complete methodology and assumptions used survey of ovarian cancer survivors. the same survey as those recruited via 3. Enhance the quality, utility, and The goal of this project is to better the state cancer registries. clarity of the information to be understand the needs of ovarian cancer survivors and how to more effectively Each recruitment method (registry collected; based or social media based) will have 4. Minimize the burden of the develop interventions targeted to this an opportunity to recruit other women collection of information on those who population. To achieve this goal, into the study through respondent- respond, including through the use of multiple recruitment methods will be driven sampling (RDS). We anticipate appropriate automated, electronic, utilized to recruit this unique that the majority of completed mechanical, or other technological population of women for the study. By interviews will be obtained through collection techniques or other forms of using state cancer registries, social traditional sampling practices, RDS information technology, e.g., permitting media advertisements, and respondent- provides an efficient way to identify electronic submissions of responses. driven sampling (RDS), the study will 5. Assess information collection costs. ensure recruitment of a diverse other potentially eligible respondents population of women. through a networked-based recruitment Proposed Project This study will focus on the following approach. Understanding the needs of Ovarian research questions: Participation is voluntary. There are Cancer Survivors—New—National 1. What physical and mental no costs to respondents other than their Center for Chronic Disease Prevention conditions do ovarian cancer survivors time. The total estimated annual burden and Health Promotion (NCCDPHP), experience? hours are 1,253.

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Avg. burden Type of respondents Form name Number of responses per per response Total burden respondents respondent (in hours) (in hours)

Ovarian cancer survivors—state Mail in or web-based questionnaire 1,200 1 50/60 1,000 cancer registries. Ovarian cancer survivors—social Web-based questionnaire ...... 195 1 50/60 163 media recruitment. Ovarian cancer survivors—Respond- Web-based questionnaire ...... 105 1 50/60 88 ent Driven Sampling. Ovarian cancer survivors recruited Screener Only ...... 100 1 2/60 3 via social medial and RDS (ineli- gible).

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

Number of Avg. burden Type of respondents Form name Number of responses per per response Total burden respondents respondent (in hours) (in hours)

Total ...... 1,600 ...... 1,253

Jeffrey M. Zirger, Dated: July 1, 2019. Program Specific Data Forms Lead, Information Collection Review Office, Lowell J. Schiller, (Application), OMB Number 0915– Office of Scientific Integrity, Office of Science, Principal Associate Commissioner for Policy. 0374—Revision. Centers for Disease Control and Prevention. [FR Doc. 2019–14362 Filed 7–3–19; 8:45 am] Abstract: HRSA provides advanced [FR Doc. 2019–14302 Filed 7–3–19; 8:45 am] BILLING CODE 4164–01–P education nursing training grants to BILLING CODE 4163–18–P educational institutions to increase the numbers of Nurse Anesthetists through DEPARTMENT OF HEALTH AND the NAT Program. NAT Program is DEPARTMENT OF HEALTH AND HUMAN SERVICES authorized by Section 811 of the Public HUMAN SERVICES Health Service (PHS) Act (42 U.S.C. Health Resources and Services 296j). The NAT Tables request Food and Drug Administration Administration information on program participants such as the total number of enrollees, [Docket No. FDA–2017–D–4303] Agency Information Collection number of enrollees/trainees supported, Activities: Proposed Collection: Public total number of graduates, number of Providing Regulatory Submissions in Comment Request Information graduates supported, projected data on Electronic Format—Content of the Risk Collection Request Title: Nurse the number of enrollees/trainees, and Evaluation and Mitigation Strategies Anesthetist Traineeship Program the distribution of Nurse Anesthetists Document Using Structured Product Specific Data Forms, OMB No. 0915– who practice in underserved, rural, or Labeling; Draft Guidance for Industry; 0374—Revision public health practice settings. Availability; Correction Need and Proposed Use of the AGENCY: Health Resources and Services Information: Funds appropriated for the Administration (HRSA), Department of AGENCY: Food and Drug Administration, NAT Program are distributed among Health and Human Services. HHS. eligible institutions based on a formula, ACTION: Notice. as permitted by PHS Act section ACTION: Notice; correction. SUMMARY: In compliance with the 806(e)(1). HRSA uses the data from the NAT Tables to: (1) Determine whether SUMMARY: The Food and Drug requirement for opportunity for public funding preferences or special Administration is correcting a notice comment on proposed data collection considerations are met; (2) calculate entitled ‘‘Providing Regulatory projects of the Paperwork Reduction Act award amounts; ensure compliance with Submissions in Electronic Format— of 1995, HRSA announces plans to programmatic and grant requirements; Content of the Risk Evaluation and submit an Information Collection and (3) provide information to the Mitigation Strategies Document Using Request (ICR), described below, to the public and Congress. NAT Tables Structured Product Labeling; Draft Office of Management and Budget currently collect one year of data, which Guidance for Industry; Availability’’ (OMB). Prior to submitting the ICR to allows HRSA to calculate award that appeared in the Federal Register of OMB, HRSA seeks comments from the amounts for a single-year project period. September 5, 2017. The document public regarding the burden estimate, For fiscal year 2020, HRSA is revising announced the availability of a guidance below, or any other aspect of the ICR. the forms that previously collected one for industry. The document was DATES: Comments on this ICR should be year of data on prospective students to published with the incorrect docket received no later than September 3, capture three years of data, thereby number. This document corrects that 2019. allowing HRSA to calculate award error. Previously submitted comments ADDRESSES: Submit your comments to amounts for a multi-year project period. will be transferred to the correct docket [email protected] or mail the HRSA Table 1 will add an option to add year number. Information Collection Clearance 2 and year 3 data for the number of FOR FURTHER INFORMATION CONTACT: Lisa Officer, Room 14N136B, 5600 Fishers prospective students. Table 2 will not be Granger, Office of Policy, Food and Drug Lane, Rockville, Maryland 20857. changed. Administration, 10903 New Hampshire FOR FURTHER INFORMATION CONTACT: To Likely Respondents: Respondents will Ave., Bldg. 32, Rm. 3330, Silver Spring, request more information on the be applicants to HRSA’s NAT program. MD 20993–0002, 301–796–9115. proposed project or to obtain a copy of Burden Statement: Burden in this the data collection plans and draft context means the time expended by SUPPLEMENTARY INFORMATION: In the instruments, email [email protected] persons to generate, maintain, retain, Federal Register of Tuesday, September or call Lisa Wright-Solomon, the HRSA disclose, or provide the information 5, 2017 (82 FR 41968), in FR Doc. 2017– Information Collection Clearance Officer requested. This includes the time 18506, the following correction is made: at (301) 443–1984. needed to review instructions; to On page 41968, in the first column, in SUPPLEMENTARY INFORMATION: When develop, acquire, install, and utilize the header of the document, and in the submitting comments or requesting technology and systems for the purpose second column, under Instructions, information, please include the ICR title of collecting, validating, and verifying ‘‘[Docket No. FDA–2017–E–4282]’’ is for reference. information, processing and corrected to read ‘‘[Docket No. FDA– Information Collection Request Title: maintaining information, and disclosing 2017–D–4303].’’ Nurse Anesthetist Traineeship (NAT) and providing information; to train

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personnel and to be able to respond to the collection of information; and to hours estimated for this ICR are a collection of information; to search transmit or otherwise disclose the summarized in the table below. data sources; to complete and review information. The total annual burden

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

Table 1—NAT: Enrollment, Traineeship Support, Grad- uate, Graduates Supported and Projected Data ...... 100 1 100 3.5 350 Table 2—NAT: Graduate Data—Rural, Underserved, or Public Health ...... 100 1 100 2.8 280

Total ...... * 100 ...... 100 ...... 630 * The same respondents are completing Tables 1 and Table 2.

HRSA specifically requests comments HHS; 1101 Wootton Parkway, Suite 420, the time period for submitting written on (1) the necessity and utility of the Rockville, MD 20852; Telephone: (240) comments to the federal government proposed information collection for the 453–8280. Email: [email protected]. expires. After submission, comments proper performance of the agency’s SUPPLEMENTARY INFORMATION: Executive will be reviewed and processed. A final functions, (2) the accuracy of the Order 13824 directs the development of version of the NYSS will be released estimated burden, (3) ways to enhance a National Youth Sports Strategy and later this year. the quality, utility, and clarity of the outlines the key pillars that the strategy Dated: June 17, 2019. information to be collected, and (4) the will address. ODPHP led the Donald Wright, use of automated collection techniques development of this strategy in Deputy Assistant Secretary for Health. or other forms of information collaboration with the President’s technology to minimize the information Council on Sports, Fitness & Nutrition, [FR Doc. 2019–14296 Filed 7–3–19; 8:45 am] collection burden. the Centers for Disease Control and BILLING CODE 4150–32–P Prevention, and the National Institutes Maria G. Button, of Health. The draft NYSS covers the DEPARTMENT OF HEALTH AND Director, Division of the Executive Secretariat. following topics: Current federal efforts [FR Doc. 2019–14321 Filed 7–3–19; 8:45 am] related to physical activity, healthy HUMAN SERVICES BILLING CODE 4165–15–P eating, and youth sports; measurement National Institutes of Health and tracking of youth sports participation and access; benefits and DEPARTMENT OF HEALTH AND Center for Scientific Review; Notice of barriers related to youth sports; Closed Meetings HUMAN SERVICES opportunities to increase youth sports participation; youth sports around the Availability of the Draft National Youth Pursuant to section 10(d) of the world; and next steps for HHS action to Sports Strategy and Solicitation of Federal Advisory Committee Act, as increase youth sports participation. Written Comments amended, notice is hereby given of the Members of the public are invited to following meetings. AGENCY: Office of Disease Prevention review the draft NYSS and provide written comments. The meetings will be closed to the and Health Promotion, Office of the public in accordance with the Assistant Secretary for Health, Office of Written Public Comments: Written comments on the draft NYSS are provisions set forth in sections the Secretary, Department of Health and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Human Services. encouraged from the public and will be accepted through July 22, 2019. Written as amended. The grant applications and ACTION: Notice. public comments can be submitted via the discussions could disclose confidential trade secrets or commercial SUMMARY: The Department of Health and the comment form at www.health.gov/ property such as patentable material, Human Services (HHS) announces the paguidelines/youth-sports-strategy/. and personal information concerning availability of the draft National Youth HHS requests that commenters provide individuals associated with the grant Sports Strategy (NYSS); and solicits a brief summary of the points or issues applications, the disclosure of which written public comment on the draft in the text boxes provided in the form. would constitute a clearly unwarranted NYSS. If commenters are providing literature or other resources, HHS suggests invasion of personal privacy. DATES: Written comments on the NYSS including complete citations or abstracts Name of Committee: Center for Scientific will be accepted through 11:59 p.m. E.T. and electronic links to full articles or Review Special Emphasis Panel; Member on July 22, 2019. reports, as the comment form cannot Conflict: Retinopathies, Glaucoma and ADDRESSES: The draft NYSS is available accommodate attachments. The Strabismus. on the internet at www.health.gov/ Department does not make decisions on Date: July 24, 2019. paguidelines/youth-sports-strategy/. specific policy recommendations based Time: 9:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant FOR FURTHER INFORMATION CONTACT: on the number of comments for or applications. Katrina L. Piercy, Ph.D., R.D., Office of against a topic, but on the scientific Place: National Institutes of Health, Disease Prevention and Health justification for the recommendation. Rockledge II, 6701 Rockledge Drive, Promotion (ODPHP), Office of the All comments must be received by 11:59 Bethesda, MD 20892 (Telephone Conference Assistant Secretary for Health (OASH), p.m. E.T. on July 22, 2019, after which Call).

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Contact Person: Alessandra C. Rovescalli, Dated: June 28, 2019. Dated: June 28, 2019. Ph.D., Scientific Review Officer, National Natasha M. Copeland, Natasha M. Copeland, Institutes of Health, Center for Scientific Deputy Director, Office of Federal Advisory Review, 6701 Rockledge Drive, Rm. 5205, Deputy Director, Office of Federal Advisory Committee Policy. MSC7846, Bethesda, MD 20892, (301) 435– Committee Policy. 1021, [email protected]. [FR Doc. 2019–14265 Filed 7–3–19; 8:45 am] [FR Doc. 2019–14266 Filed 7–3–19; 8:45 am] Name of Committee: Center for Scientific BILLING CODE 4140–01–P BILLING CODE 4140–01–P Review Special Emphasis Panel; Member Conflict: Hepatobiliary Pathophysiology. Date: July 24, 2019. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Time: 10:00 a.m. to 2:00 p.m. HUMAN SERVICES Agenda: To review and evaluate grant HUMAN SERVICES applications. National Institutes of Health Place: National Institutes of Health, 6701 National Institutes of Health Rockledge Drive, Bethesda, MD 20892 National Institute of Environmental (Telephone Conference Call). Health Sciences; Notice of Closed Center for Scientific Review; Notice of Contact Person: Ganesan Ramesh, Ph.D., Meeting Closed Meeting Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Pursuant to section 10(d) of the Pursuant to section 10(d) of the Room 2182, MSC 7818, Bethesda, MD 20892, Federal Advisory Committee Act, as Federal Advisory Committee Act, as 301–827–5467, [email protected]. amended, notice is hereby given of the amended, notice is hereby given of the Name of Committee: Center for Scientific following meeting. Review Special Emphasis Panel; Member following meeting. Conflict: Neuroimmunology, The meeting will be closed to the The meeting will be closed to the Neuroinflammation and Brain Tumor. public in accordance with the public in accordance with the provisions set forth in sections Date: July 24, 2019. provisions set forth in sections Time: 11:00 a.m. to 6:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant as amended. The grant applications and applications. the discussions could disclose as amended. The grant applications and Place: National Institutes of Health, 6701 confidential trade secrets or commercial the discussions could disclose Rockledge Drive, Bethesda, MD 20892 property such as patentable material, confidential trade secrets or commercial (Telephone Conference Call). property such as patentable material, Contact Person: Nataliya Gordiyenko, and personal information concerning Ph.D., Scientific Review Officer, Center for individuals associated with the grant and personal information concerning Scientific Review, National Institutes of applications, the disclosure of which individuals associated with the grant Health, 6701 Rockledge Drive, Room 5202, would constitute a clearly unwarranted applications, the disclosure of which MSC 7846, Bethesda, MD 20892, invasion of personal privacy. would constitute a clearly unwarranted 301.435.1265, [email protected]. Name of Committee: National Institute of invasion of personal privacy. Name of Committee: Center for Scientific Environmental Health Sciences Special Review Special Emphasis Panel; PAR19–167: Name of Committee: Center for Scientific Emphasis Panel: NIH Pathway to Advanced Models for Alzheimer’s Review Special Emphasis Panel; Small Dementias. Independence Award. Business: Biological Chemistry, Biophysics Date: July 24, 2019. Date: July 25, 2019. and Assay Development. Time: 1:00 p.m. to 5:00 p.m. Time: 1:00 p.m. to 4:00 p.m. Date: July 9, 2019. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Time: 8:00 a.m. to 6:00 p.m. applications. applications. Place: National Institute of Environmental Agenda: To review and evaluate grant Place: National Institutes of Health, applications. Rockledge II, 6701 Rockledge Drive, Health Sciences, Keystone Building, 530 Place: St. Gregory Hotel, 2033 M Street Bethesda, MD 20892 (Virtual Meeting). Davis Drive, Durham, NC 27709. Contact Person: Suzan Nadi, Ph.D., Contact Person: Leroy Worth, Ph.D., NW, Washington, DC 20036. Scientific Review Officer, Center for Scientific Review Officer, Scientific Review Contact Person: Tatiana V. Cohen, Ph.D., Scientific Review, National Institutes of Branch, Division of Extramural Research and Scientific Review Officer, Center for Health, 6701 Rockledge Drive, Room 5217B, Training, National Institute of Environmental Scientific Review, National Institutes of MSC 7846, Bethesda, MD 20892, 301–435– Health Sciences, P.O. Box 12233, MD EC–30/ Health, 6701 Rockledge Drive, Room 5213, 1259 [email protected]. Room 3171, Research Triangle Park, NC Bethesda, MD 20892, 301–455–2364, Name of Committee: Center for Scientific 27709, (919) 541–0670, [email protected]. [email protected]. Any interested person may file written Review Special Emphasis Panel; Member This notice is being published less than 15 comments with the committee by forwarding Conflict: Cardiovascular Sciences. days prior to the meeting due to the timing Date: July 25, 2019. the statement to the Contact Person listed on limitations imposed by the review and Time: 12:00 p.m. to 4:00 p.m. this notice. The statement should include the Agenda: To review and evaluate grant name, address, telephone number and when funding cycle. applications. applicable, the business or professional (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, RKL II, affiliation of the interested person. Program Nos. 93.306, Comparative Medicine; 6701 Rockledge Drive, Bethesda, MD 20892 (Catalogue of Federal Domestic Assistance 93.333, Clinical Research, 93.306, 93.333, (Virtual Meeting). Program Nos. 93.115, Biometry and Risk 93.337, 93.393–93.396, 93.837–93.844, Contact Person: Chee Lim, Ph.D., Scientific Estimation—Health Risks from 93.846–93.878, 93.892, 93.893, National Review Officer, Center for Scientific Review, Environmental Exposures; 93.142, NIEHS Institutes of Health, HHS) National Institutes of Health, 6701 Rockledge Hazardous Waste Worker Health and Safety Drive, Room 4128, Bethesda, MD 20892, 301– Training; 93.143, NIEHS Superfund Dated: June 28, 2019. 435–1850, [email protected]. Hazardous Substances—Basic Research and Natasha M. Copeland, (Catalogue of Federal Domestic Assistance Education; 93.894, Resources and Manpower Program Nos. 93.306, Comparative Medicine; Development in the Environmental Health Deputy Director, Office of Federal Advisory 93.333, Clinical Research, 93.306, 93.333, Sciences; 93.113, Biological Response to Committee Policy. 93.337, 93.393–93.396, 93.837–93.844, Environmental Health Hazards; 93.114, [FR Doc. 2019–14264 Filed 7–3–19; 8:45 am] 93.846–93.878, 93.892, 93.893, National Applied Toxicological Research and Testing, BILLING CODE 4140–01–P Institutes of Health, HHS) National Institutes of Health, HHS)

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DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: and ending on September 30, 2019. The SECURITY Bruce Ingalls, Revenue Division, interest rate paid to the Treasury for Collection Refunds & Analysis Branch, underpayments will be the Federal Customs and Border Protection 6650 Telecom Drive, Suite #100, short-term rate (2) plus three percentage Indianapolis, Indiana 46278; telephone points (3) for a total of five percent (5) Quarterly IRS Interest Rates Used in (317) 298–1107. Calculating Interest on Overdue for both corporations and non- SUPPLEMENTARY INFORMATION: Accounts and Refunds on Customs corporations. For corporate Duties Background overpayments, the rate is the Federal short-term rate (2) plus two percentage AGENCY: U.S. Customs and Border Pursuant to 19 U.S.C. 1505 and points (2) for a total of four percent (4). Protection, Department of Homeland Treasury Decision 85–93, published in For overpayments made by non- Security. the Federal Register on May 29, 1985 corporations, the rate is the Federal (50 FR 21832), the interest rate paid on ACTION: General notice. short-term rate (2) plus three percentage applicable overpayments or points (3) for a total of five percent (5). SUMMARY: This notice advises the public underpayments of customs duties must that the quarterly Internal Revenue be in accordance with the Internal These interest rates used to calculate Service interest rates used to calculate Revenue Code rate established under 26 interest on overdue accounts interest on overdue accounts U.S.C. 6621 and 6622. Section 6621 (underpayments) and refunds (underpayments) and refunds provides different interest rates (overpayments) of customs duties are (overpayments) of customs duties will applicable to overpayments: One for decreasing from the previous quarter. decrease from the previous quarter. For corporations and one for non- These interest rates are subject to the calendar quarter beginning July 1, corporations. change for the calendar quarter 2019, the interest rates for overpayments The interest rates are based on the beginning October 1, 2019, and ending will be 4 percent for corporations and 5 Federal short-term rate and determined on December 31, 2019. percent for non-corporations, and the by the Internal Revenue Service (IRS) on For the convenience of the importing interest rate for underpayments will be behalf of the Secretary of the Treasury public and U.S. Customs and Border 5 percent for both corporations and non- on a quarterly basis. The rates effective Protection personnel the following list corporations. This notice is published for a quarter are determined during the of IRS interest rates used, covering the for the convenience of the importing first-month period of the previous period from July of 1974 to date, to public and U.S. Customs and Border quarter. calculate interest on overdue accounts Protection personnel. In Revenue Ruling 2019–15, the IRS and refunds of customs duties, is DATES: The rates announced in this determined the rates of interest for the notice are applicable as of July 1, 2019. calendar quarter beginning July 1, 2019, published in summary format.

Corporate Under- Over- overpayments Beginning date Ending date payments payments (Eff. 1–1–99) (percent) (percent) (percent)

070174 ...... 063075 6 6 ...... 070175 ...... 013176 9 9 ...... 020176 ...... 013178 7 7 ...... 020178 ...... 013180 6 6 ...... 020180 ...... 013182 12 12 ...... 020182 ...... 123182 20 20 ...... 010183 ...... 063083 16 16 ...... 070183 ...... 123184 11 11 ...... 010185 ...... 063085 13 13 ...... 070185 ...... 123185 11 11 ...... 010186 ...... 063086 10 10 ...... 070186 ...... 123186 9 9 ...... 010187 ...... 093087 9 8 ...... 100187 ...... 123187 10 9 ...... 010188 ...... 033188 11 10 ...... 040188 ...... 093088 10 9 ...... 100188 ...... 033189 11 10 ...... 040189 ...... 093089 12 11 ...... 100189 ...... 033191 11 10 ...... 040191 ...... 123191 10 9 ...... 010192 ...... 033192 9 8 ...... 040192 ...... 093092 8 7 ...... 100192 ...... 063094 7 6 ...... 070194 ...... 093094 8 7 ...... 100194 ...... 033195 9 8 ...... 040195 ...... 063095 10 9 ...... 070195 ...... 033196 9 8 ...... 040196 ...... 063096 8 7 ...... 070196 ...... 033198 9 8 ...... 040198 ...... 123198 8 7 ...... 010199 ...... 033199 7 7 6 040199 ...... 033100 8 8 7 040100 ...... 033101 9 9 8 040101 ...... 063001 8 8 7

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Corporate Under- Over- overpayments Beginning date Ending date payments payments (Eff. 1–1–99) (percent) (percent) (percent)

070101 ...... 123101 7 7 6 010102 ...... 123102 6 6 5 010103 ...... 093003 5 5 4 100103 ...... 033104 4 4 3 040104 ...... 063004 5 5 4 070104 ...... 093004 4 4 3 100104 ...... 033105 5 5 4 040105 ...... 093005 6 6 5 100105 ...... 063006 7 7 6 070106 ...... 123107 8 8 7 010108 ...... 033108 7 7 6 040108 ...... 063008 6 6 5 070108 ...... 093008 5 5 4 100108 ...... 123108 6 6 5 010109 ...... 033109 5 5 4 040109 ...... 123110 4 4 3 010111 ...... 033111 3 3 2 040111 ...... 093011 4 4 3 100111 ...... 033116 3 3 2 040116 ...... 033118 4 4 3 040118 ...... 123118 5 5 4 010119 ...... 063019 6 6 5 070119 ...... 093019 5 5 4

Dated: July 1, 2019. Emergency Management Agency’s (FEMA) makes the final determinations Samuel D. Grable, (FEMA’s) National Flood Insurance listed below for the new or modified Assistant Commissioner and Chief Financial Program (NFIP). In addition, the FIRM flood hazard information for each Officer, Office of Finance. and FIS report are used by insurance community listed. Notification of these [FR Doc. 2019–14350 Filed 7–3–19; 8:45 am] agents and others to calculate changes has been published in BILLING CODE 9111–14–P appropriate flood insurance premium newspapers of local circulation and 90 rates for buildings and the contents of days have elapsed since that those buildings. publication. The Deputy Associate DEPARTMENT OF HOMELAND DATES: The date of November 1, 2019 Administrator for Insurance and SECURITY has been established for the FIRM and, Mitigation has resolved any appeals where applicable, the supporting FIS resulting from this notification. Federal Emergency Management report showing the new or modified This final notice is issued in Agency flood hazard information for each accordance with section 110 of the [Docket ID FEMA–2019–0002] community. Flood Disaster Protection Act of 1973, ADDRESSES: The FIRM, and if 42 U.S.C. 4104, and 44 CFR part 67. Final Flood Hazard Determinations applicable, the FIS report containing the FEMA has developed criteria for AGENCY: Federal Emergency final flood hazard information for each floodplain management in floodprone Management Agency, DHS. community is available for inspection at areas in accordance with 44 CFR part the respective Community Map 60. ACTION: Notice. Repository address listed in the tables Interested lessees and owners of real SUMMARY: Flood hazard determinations, below and will be available online property are encouraged to review the which may include additions or through the FEMA Map Service Center new or revised FIRM and FIS report modifications of Base Flood Elevations at https://msc.fema.gov by the date available at the address cited below for (BFEs), base flood depths, Special Flood indicated above. each community or online through the Hazard Area (SFHA) boundaries or zone FOR FURTHER INFORMATION CONTACT: Rick FEMA Map Service Center at https:// designations, or regulatory floodways on Sacbibit, Chief, Engineering Services msc.fema.gov. Branch, Federal Insurance and the Flood Insurance Rate Maps (FIRMs) The flood hazard determinations are and where applicable, in the supporting Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, made final in the watersheds and/or Flood Insurance Study (FIS) reports communities listed in the table below. have been made final for the (202) 646–7659, or (email) communities listed in the table below. [email protected]; or visit (Catalog of Federal Domestic Assistance No. The FIRM and FIS report are the basis the FEMA Map Information eXchange 97.022, ‘‘Flood Insurance.’’) of the floodplain management measures (FMIX) online at https:// _ Michael M. Grimm, that a community is required either to www.floodmaps.fema.gov/fhm/fmx main.html. Assistant Administrator for Risk adopt or to show evidence of having in Management, Department of Homeland effect in order to qualify or remain SUPPLEMENTARY INFORMATION: The Security, Federal Emergency Management qualified for participation in the Federal Federal Emergency Management Agency Agency.

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Community Community map repository address

Cook County, Illinois and Incorporated Areas Docket No.: FEMA–B–1828

City of Oak Forest ...... City Hall, 15440 South Central Avenue, Oak Forest, IL 60452. Unincorporated Areas of Cook County ...... Cook County Building and Zoning Department, 69 West Washington, Suite 2830, Chicago, IL 60602. Village of Alsip ...... Village Hall, 4500 West 123rd Street, Alsip, IL 60803. Village of Crestwood ...... Village Hall, 13840 South Cicero Avenue, Crestwood, IL 60418. Village of Orland Hills ...... Village Hall, 16033 South 94th Avenue, Orland Hills, IL 60487. Village of Orland Park ...... Village Hall, 14700 South Ravinia Avenue, Orland Park, IL 60462. Village of Palos Park ...... Kaptur Administrative Center, 8999 West 123rd Street, Palos Park, IL 60464. Village of Tinley Park ...... Village Hall, 16250 South Oak Park Avenue, Tinley Park, IL 60477.

Knox County, Missouri and Incorporated Areas Docket No.: FEMA–B–1851

City of Edina ...... City Hall, 204 East Monticello Street, Edina, MO 63537. City of Novelty ...... Knox County Courthouse, 107 North 4th Street, Edina, MO 63537. Unincorporated Areas of Knox County ...... Knox County Courthouse, 107 North 4th Street, Edina, MO 63537. Village of Newark ...... Village Hall, 105 North Main Street, Newark, MO 63458.

Ripley County, Missouri and Incorporated Areas Docket No.: FEMA–B–1851

City of Doniphan ...... City Hall, 124 West Jefferson Street, Doniphan, MO 63935. City of Naylor ...... City Hall, 101 North Front Street, Naylor, MO 63953. Unincorporated Areas of Ripley County ...... Ripley County Courthouse, 100 Courthouse Square, Doniphan, MO 63935.

Burnet County, Texas and Incorporated Areas Docket No.: FEMA–B–1769 and FEMA–B–1830

City of Burnet ...... City Hall, 1001 Buchanan Drive, Suite 4, Burnet, TX 78611. City of Marble Falls ...... Development Services Department, 801 4th Street, Marble Falls, TX 78654. City of Meadowlakes ...... City Hall, 177 Broadmoor Street, Suite A, Meadowlakes, TX 78654. Unincorporated Areas of Burnet County ...... Burnet County Development Services, Annex on the Square, 133 East Jackson Street, Room 107, Burnet, TX 78611.

[FR Doc. 2019–14328 Filed 7–3–19; 8:45 am] the communities listed in the table floodhazarddata and the respective BILLING CODE 9110–12–P below. The purpose of this notice is to Community Map Repository address seek general information and comment listed in the tables below. Additionally, regarding the preliminary FIRM, and the current effective FIRM and FIS DEPARTMENT OF HOMELAND where applicable, the FIS report that the report for each community are SECURITY Federal Emergency Management Agency accessible online through the FEMA (FEMA) has provided to the affected Map Service Center at https:// Federal Emergency Management communities. The FIRM and FIS report msc.fema.gov for comparison. Agency are the basis of the floodplain You may submit comments, identified [Docket ID FEMA–2019–0002; Internal management measures that the by Docket No. FEMA–B–1933, to Rick Agency Docket No. FEMA–B–1933] community is required either to adopt Sacbibit, Chief, Engineering Services or to show evidence of having in effect Branch, Federal Insurance and Proposed Flood Hazard in order to qualify or remain qualified Mitigation Administration, FEMA, 400 Determinations for participation in the National Flood C Street SW, Washington, DC 20472, Insurance Program (NFIP). In addition, (202) 646–7659, or (email) AGENCY: Federal Emergency [email protected]. Management Agency, DHS. the FIRM and FIS report, once effective, will be used by insurance agents and FOR FURTHER INFORMATION CONTACT: Rick ACTION: Notice. others to calculate appropriate flood Sacbibit, Chief, Engineering Services SUMMARY: Comments are requested on insurance premium rates for new Branch, Federal Insurance and proposed flood hazard determinations, buildings and the contents of those Mitigation Administration, FEMA, 400 which may include additions or buildings. C Street SW, Washington, DC 20472, modifications of any Base Flood (202) 646–7659, or (email) DATES: Comments are to be submitted Elevation (BFE), base flood depth, [email protected]; or visit on or before October 3, 2019. Special Flood Hazard Area (SFHA) the FEMA Map Information eXchange boundary or zone designation, or ADDRESSES: The Preliminary FIRM, and (FMIX) online at https:// _ regulatory floodway on the Flood where applicable, the FIS report for www.floodmaps.fema.gov/fhm/fmx Insurance Rate Maps (FIRMs), and each community are available for main.html. where applicable, in the supporting inspection at both the online location SUPPLEMENTARY INFORMATION: FEMA Flood Insurance Study (FIS) reports for https://www.fema.gov/preliminary proposes to make flood hazard

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determinations for each community request for reconsideration of the The watersheds and/or communities listed below, in accordance with section revised flood hazard information shown affected are listed in the tables below. 110 of the Flood Disaster Protection Act on the Preliminary FIRM and FIS report The Preliminary FIRM, and where of 1973, 42 U.S.C. 4104, and 44 CFR that satisfies the data requirements applicable, FIS report for each 67.4(a). outlined in 44 CFR 67.6(b) is considered community are available for inspection These proposed flood hazard an appeal. Comments unrelated to the at both the online location https:// determinations, together with the flood hazard determinations also will be www.fema.gov/preliminary floodplain management criteria required considered before the FIRM and FIS floodhazarddata and the respective by 44 CFR 60.3, are the minimum that report become effective. Community Map Repository address are required. They should not be listed in the tables. For communities construed to mean that the community Use of a Scientific Resolution Panel must change any existing ordinances (SRP) is available to communities in with multiple ongoing Preliminary that are more stringent in their support of the appeal resolution studies, the studies can be identified by floodplain management requirements. process. SRPs are independent panels of the unique project number and The community may at any time enact experts in hydrology, hydraulics, and Preliminary FIRM date listed in the stricter requirements of its own or other pertinent sciences established to tables. Additionally, the current pursuant to policies established by other review conflicting scientific and effective FIRM and FIS report for each Federal, State, or regional entities. technical data and provide community are accessible online These flood hazard determinations are recommendations for resolution. Use of through the FEMA Map Service Center used to meet the floodplain the SRP only may be exercised after at https://msc.fema.gov for comparison. management requirements of the NFIP FEMA and local communities have been engaged in a collaborative consultation (Catalog of Federal Domestic Assistance No. and are used to calculate the 97.022, ‘‘Flood Insurance.’’) appropriate flood insurance premium process for at least 60 days without a rates for new buildings built after the mutually acceptable resolution of an Michael M. Grimm, FIRM and FIS report become effective. appeal. Additional information Assistant Administrator for Risk The communities affected by the regarding the SRP process can be found Management, Department of Homeland flood hazard determinations are online at https://www.floodsrp.org/pdfs/ Security, Federal Emergency Management provided in the tables below. Any srp_overview.pdf. Agency.

Community Community map repository address

Buchanan County, Iowa and Incorporated Areas Project: 17–07–0295S Preliminary Date: December 10, 2018

City of Aurora ...... City Office, 331 Main Street, Aurora, IA 50607. City of Brandon ...... City Hall, 400 North Street, Brandon, IA 52210. City of Fairbank ...... City Hall, 116 East Main Street, Fairbank, IA 50629. City of Hazleton ...... City Hall, 111 3rd Street North, Hazleton, IA 50641. City of Independence ...... City Hall, 331 1st Street East, Independence, IA 50644. City of Jesup ...... City Hall, 791 6th Street, Jesup, IA 50648. City of Lamont ...... City Hall, 644 Bush Street, Lamont, IA 50650. City of Quasqueton ...... City Hall, 113 Water Street North, Quasqueton, IA 52326. City of Stanley ...... Mayor’s Office, 128 East Main Street, Stanley, IA 50671. City of Winthrop ...... City Clerk’s Office, 354 Madison Street, Winthrop, IA 50682. Unincorporated Areas of Buchanan County ...... Buchanan County Courthouse Zoning Office, 210 5th Avenue North- east, Suite I, Independence, IA 50644.

Butler County, Iowa and Incorporated Areas Project: 17–07–0295S Preliminary Date: November 15, 2018

City of Allison ...... City Hall, 410 North Main Street, Allison, IA 50602. City of Aplington ...... City Hall, 409 10th Street, Aplington, IA 50604. City of Aredale ...... City Hall, 102 East Main Street, Aredale, IA 50605. City of Bristow ...... City Hall, 716–A West Street, Bristow, IA 50611. City of Clarksville ...... City Hall, Maintenance, 115 West Superior Street, Clarksville, IA 50619. City of Dumont ...... City Hall, 625 1st Street, Dumont, IA 50625. City of Greene ...... City Hall, 202 West South Street, Greene, IA 50636. City of New Hartford ...... City Hall, 503 Packwaukee Street, New Hartford, IA 50660. City of Parkersburg ...... City Hall, 608 Highway 57, Parkersburg, IA 50665. City of Shell Rock ...... City Hall, 802 North Public Road, Shell Rock, IA 50670. Unincorporated Areas of Butler County ...... Butler County Courthouse Engineering Department, 428 6th Street, Al- lison, IA 50602.

Muscatine County, Iowa and Incorporated Areas Project: 16–07–2337S Preliminary Date: August 29, 2018

City of Atalissa ...... City Hall, 122 3rd Street, Atalissa, IA 52720. City of Muscatine ...... City Hall, 215 Sycamore Street, Muscatine, IA 52761. City of Nichols ...... City Hall, 429 Ijem Avenue, Nichols, IA 52766. City of Stockton ...... City Hall, 318 Commerce Street, Stockton, IA 52769. City of West Liberty ...... City Hall, 409 North Calhoun Street, West Liberty, IA 52776. City of Wilton ...... City Hall, 104 East 4th Street, Wilton, IA 52778.

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Community Community map repository address

Unincorporated Areas of Muscatine County ...... Muscatine County Building, 3610 Park Avenue West, Muscatine, IA 52761.

St. Clair County, Michigan (All Jurisdictions) Project: 13–05–1848S Preliminary Date: December 14, 2018

Township of Clay ...... Township Municipal Building, 4710 Pointe Tremble Road, Algonac, MI 48001. Township of Cottrellville ...... Township Hall, 7008 Marsh Road, Cottrellville, MI 48039. Township of Ira ...... Township Hall, 7085 Meldrum Road, Fair Haven, MI 48023.

[FR Doc. 2019–14329 Filed 7–3–19; 8:45 am] ADDRESSES: The Preliminary FIRM, and used to meet the floodplain BILLING CODE 9110–12–P where applicable, the FIS report for management requirements of the NFIP each community are available for and are used to calculate the inspection at both the online location appropriate flood insurance premium DEPARTMENT OF HOMELAND https://www.fema.gov/preliminary rates for new buildings built after the SECURITY floodhazarddata and the respective FIRM and FIS report become effective. Community Map Repository address The communities affected by the Federal Emergency Management listed in the tables below. Additionally, flood hazard determinations are Agency the current effective FIRM and FIS provided in the tables below. Any [Docket ID FEMA–2019–0002; Internal report for each community are request for reconsideration of the Agency Docket No. FEMA–B–1941] accessible online through the FEMA revised flood hazard information shown Map Service Center at https:// on the Preliminary FIRM and FIS report Proposed Flood Hazard msc.fema.gov for comparison. that satisfies the data requirements Determinations You may submit comments, identified outlined in 44 CFR 67.6(b) is considered by Docket No. FEMA–B–1941, to Rick an appeal. Comments unrelated to the AGENCY: Federal Emergency Sacbibit, Chief, Engineering Services flood hazard determinations also will be Management Agency, DHS. Branch, Federal Insurance and considered before the FIRM and FIS ACTION: Notice. Mitigation Administration, FEMA, 400 report become effective. C Street SW, Washington, DC 20472, Use of a Scientific Resolution Panel SUMMARY: Comments are requested on (202) 646–7659, or (email) (SRP) is available to communities in proposed flood hazard determinations, [email protected]. support of the appeal resolution which may include additions or FOR FURTHER INFORMATION CONTACT: Rick process. SRPs are independent panels of modifications of any Base Flood Sacbibit, Chief, Engineering Services experts in hydrology, hydraulics, and Elevation (BFE), base flood depth, Branch, Federal Insurance and other pertinent sciences established to Special Flood Hazard Area (SFHA) Mitigation Administration, FEMA, 400 review conflicting scientific and boundary or zone designation, or C Street SW, Washington, DC 20472, technical data and provide regulatory floodway on the Flood (202) 646–7659, or (email) recommendations for resolution. Use of Insurance Rate Maps (FIRMs), and [email protected]; or visit the SRP only may be exercised after where applicable, in the supporting the FEMA Map Information eXchange FEMA and local communities have been Flood Insurance Study (FIS) reports for (FMIX) online at https:// engaged in a collaborative consultation the communities listed in the table www.floodmaps.fema.gov/fhm/fmx_ process for at least 60 days without a below. The purpose of this notice is to main.html. mutually acceptable resolution of an seek general information and comment SUPPLEMENTARY INFORMATION: FEMA appeal. Additional information regarding the preliminary FIRM, and proposes to make flood hazard regarding the SRP process can be found where applicable, the FIS report that the determinations for each community online at https://www.floodsrp.org/pdfs/ Federal Emergency Management Agency listed below, in accordance with section srp_overview.pdf. (FEMA) has provided to the affected 110 of the Flood Disaster Protection Act The watersheds and/or communities communities. The FIRM and FIS report of 1973, 42 U.S.C. 4104, and 44 CFR affected are listed in the tables below. are the basis of the floodplain 67.4(a). The Preliminary FIRM, and where management measures that the These proposed flood hazard applicable, FIS report for each community is required either to adopt determinations, together with the community are available for inspection or to show evidence of having in effect floodplain management criteria required at both the online location https:// in order to qualify or remain qualified by 44 CFR 60.3, are the minimum that www.fema.gov/preliminary for participation in the National Flood are required. They should not be floodhazarddata and the respective Insurance Program (NFIP). In addition, construed to mean that the community Community Map Repository address the FIRM and FIS report, once effective, must change any existing ordinances listed in the tables. For communities will be used by insurance agents and that are more stringent in their with multiple ongoing Preliminary others to calculate appropriate flood floodplain management requirements. studies, the studies can be identified by insurance premium rates for new The community may at any time enact the unique project number and buildings and the contents of those stricter requirements of its own or Preliminary FIRM date listed in the buildings. pursuant to policies established by other tables. Additionally, the current DATES: Comments are to be submitted Federal, State, or regional entities. effective FIRM and FIS report for each on or before October 3, 2019. These flood hazard determinations are community are accessible online

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through the FEMA Map Service Center (Catalog of Federal Domestic Assistance No. at https://msc.fema.gov for comparison. 97.022, ‘‘Flood Insurance.’’) Michael M. Grimm, Assistant Administrator for Risk Management, Department of Homeland Security, Federal Emergency Management Agency.

Community Community map repository address

Matagorda County, Texas and Incorporated Areas Project: 06–06–BB84S Preliminary Date: March 26, 2019

City of Bay City ...... City Hall, 1901 5th Street, Bay City, TX 77414. Unincorporated Areas of Matagorda County ...... Matagorda County Courthouse, 1700 7th Street, Bay City, TX 77414.

[FR Doc. 2019–14330 Filed 7–3–19; 8:45 am] and FIS report are used by insurance listed below for the new or modified BILLING CODE 9110–12–P agents and others to calculate flood hazard information for each appropriate flood insurance premium community listed. Notification of these rates for buildings and the contents of changes has been published in DEPARTMENT OF HOMELAND those buildings. newspapers of local circulation and 90 SECURITY DATES: The date of November 15, 2019 days have elapsed since that has been established for the FIRM and, publication. The Deputy Associate Federal Emergency Management where applicable, the supporting FIS Administrator for Insurance and Agency report showing the new or modified Mitigation has resolved any appeals [Docket ID FEMA–2019–0002] flood hazard information for each resulting from this notification. community. This final notice is issued in Final Flood Hazard Determinations ADDRESSES: The FIRM, and if accordance with section 110 of the AGENCY: Federal Emergency applicable, the FIS report containing the Flood Disaster Protection Act of 1973, Management Agency, DHS. final flood hazard information for each 42 U.S.C. 4104, and 44 CFR part 67. ACTION: Notice. community is available for inspection at FEMA has developed criteria for the respective Community Map floodplain management in floodprone SUMMARY: Flood hazard determinations, Repository address listed in the tables areas in accordance with 44 CFR part which may include additions or below and will be available online 60. modifications of Base Flood Elevations through the FEMA Map Service Center Interested lessees and owners of real (BFEs), base flood depths, Special Flood at https://msc.fema.gov by the date property are encouraged to review the Hazard Area (SFHA) boundaries or zone indicated above. new or revised FIRM and FIS report designations, or regulatory floodways on FOR FURTHER INFORMATION CONTACT: Rick available at the address cited below for the Flood Insurance Rate Maps (FIRMs) Sacbibit, Chief, Engineering Services each community or online through the and where applicable, in the supporting Branch, Federal Insurance and FEMA Map Service Center at https:// Flood Insurance Study (FIS) reports Mitigation Administration, FEMA, 400 msc.fema.gov. have been made final for the C Street SW, Washington, DC 20472, The flood hazard determinations are communities listed in the table below. made final in the watersheds and/or The FIRM and FIS report are the basis (202) 646–7659, or (email) communities listed in the table below. of the floodplain management measures [email protected]; or visit that a community is required either to the FEMA Map Information eXchange (Catalog of Federal Domestic Assistance No. (FMIX) online at https:// 97.022, ‘‘Flood Insurance.’’) adopt or to show evidence of having in _ effect in order to qualify or remain www.floodmaps.fema.gov/fhm/fmx main.html. Michael M. Grimm, qualified for participation in the Federal Assistant Administrator for Risk Emergency Management Agency’s SUPPLEMENTARY INFORMATION: The Management, Department of Homeland (FEMA’s) National Flood Insurance Federal Emergency Management Agency Security, Federal Emergency Management Program (NFIP). In addition, the FIRM (FEMA) makes the final determinations Agency.

Community Community map repository address

Richmond County, Georgia (All Jurisdictions) Docket No.: FEMA–B–1835

City of Augusta ...... Planning and Development Department, 535 Telfair Street, Suite 300, Augusta, GA 30901. City of Blythe ...... Blythe Planning and Development Department, 535 Telfair Street, Suite 300, Augusta, GA 30901. City of Hephzibah ...... Hephzibah Planning and Development Department, 535 Telfair Street, Suite 300, Augusta, GA 30901.

Mercer County, Missouri and Incorporated Areas Docket No.: FEMA–B–1851

City of Princeton ...... City Hall, 507 West Main Street, Princeton, MO 64673.

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Community Community map repository address

Unincorporated Areas of Mercer County ...... Mercer County Courthouse, 802 East Main Street, Princeton, MO 64673.

Putnam County, Missouri and Incorporated Areas Docket No.: FEMA–B–1851

City of Powersville ...... City Hall, 305 Main Street, Powersville, MO 64672. City of Unionville ...... City Hall, 1611 Grant Street, Unionville, MO 63565. Unincorporated Areas of Putnam County ...... Putnam County Courthouse, 1601 Main Street, Unionville, MO 63565. Village of Lucerne ...... Putnam County Courthouse, 1601 Main Street, Unionville, MO 63565.

Sullivan County, Missouri and Incorporated Areas Docket No.: FEMA–B–1851

City of Milan ...... City Hall, 212 East 2nd Street, Milan, MO 63556. City of Newtown ...... City Hall, 127 West Broadway, Newtown, MO 64667. City of Pollock ...... Sullivan County Courthouse, 109 North Main Street, Milan, MO 63556. Unincorporated Areas of Sullivan County ...... Sullivan County Courthouse, 109 North Main Street, Milan, MO 63556. Village of Osgood ...... Sullivan County Courthouse, 109 North Main Street, Milan, MO 63556.

Musselshell County, Montana and Incorporated Areas Docket No.: FEMA–B–1842

City of Roundup ...... City Office, 34 3rd Avenue West, Roundup, MT 59072. Unincorporated Areas of Musselshell County ...... Musselshell County Emergency Operations Center, 704 1st Street East, Roundup, MT 59072.

Petroleum County, Montana and Incorporated Areas Docket No.: FEMA–B–1842

Unincorporated Areas of Petroleum County ...... Petroleum County Courthouse, Clerk and Recorder Office, 302 East Main Street, Winnett, MT 59087.

Rosebud County, Montana and Incorporated Areas Docket No.: FEMA–B–1842

Unincorporated Areas of Rosebud County ...... Rosebud County Clerk and Recorders Office, 1200 Main Street, Forsyth, MT 59327.

Harris County, Texas and Incorporated Areas Docket No.: FEMA–B–1551

City of Houston ...... Public Works and Engineering Department, Floodplain Management Office, 1002 Washington Avenue, 3rd Floor, Houston, Texas 77002. Unincorporated Areas of Harris County ...... Harris County Engineering Department, Permit Division, 10555 North- west Freeway, Suite 120, Houston, Texas 77092.

[FR Doc. 2019–14326 Filed 7–3–19; 8:45 am] completed the notice and comment Participants may choose to use the new BILLING CODE 9110–12–P processes and review by the Office of documents beginning on July 5, 2019; Management and Budget (OMB) as however, if participants choose to use required by the Paperwork Reduction the new documents for a transaction DEPARTMENT OF HOUSING AND Act and that OMB has approved the (e.g. application submission, change of URBAN DEVELOPMENT renewal (reinstatement with changes) of ownership, etc.), they must use all the this document collection 2502–0605. new documents in their entirety and [Docket No. FR–7014–N–20] The final versions of the documents can may not mix the use of old and new be found on HUD’s website at https:// documents. Upon the Implementation Federal Housing Administration (FHA) www.hud.gov/federal_housing_ Date of October 3, 2019, the use of only Healthcare Facility Documents: Notice administration/healthcare_facilities/ new documents in submitted Announcing Final Approved Federal residential_care/final_232_documents. transactions will be mandatory. Housing Administration (FHA) Additionally, this notice highlights FOR FURTHER INFORMATION CONTACT: Healthcare Facility Documents and John some of the changes made by HUD to M. Hartung, Director, Policy, Risk Assignment of OMB Control Number the documents based upon its review of 2502–0605 Analysis and Lender Relations Division, the comments submitted in response to Office of Residential Care Facilities, AGENCY: Office of the Assistant notices dated April 10, 2018 and June Office of Healthcare Programs, Office of Secretary for Housing—Federal Housing 29, 2018. Housing, U.S. Department of Housing Commissioner, HUD. DATES: Implementation Date: October 3, and Urban Development, 1222 Spruce ACTION: Notice. 2019. Street, Room 3203, St. Louis, MO HUD will allow a 90-day transition 63103–2836; telephone (314) 418–5238 SUMMARY: This notice announces that period for the implementation of the (this is not a toll-free number). Persons the healthcare facility documents have updated documents in this collection. with hearing or speech disabilities may

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access this number through TTY by by the Paperwork Reduction Act, HUD Consolidated Certifications rather than calling the toll-free Federal Relay highlights some of the additional, most in the Request for Endorsement of Service at (800) 877–8339. substantive, changes made to the Credit of Lender [and] Borrower [& SUPPLEMENTARY INFORMATION: healthcare facility documents General Contractor] document. (documents) in response to public 3. Construction Documents I. Background comment as provided below. On May 19, 2017, consistent with the There were few public comments on Paperwork Reduction Act, (PRA), HUD II. Summary of Changes to Documents this category of documents, and the published a notice in the Federal The changes to the healthcare facility majority of changes to the documents Register, 82 FR 23058, seeking public documents include both technical were for minor editing changes or comment for a period of 60 days (60-day editorial changes and some more clarifications of policy. Notice) on HUD’s proposed update and substantive changes. This notice does 4. Underwriting Documents revisions to the transactional and not provide a detailed summary of all of supporting documents used for the changes made or responses to all of HUD received a few comments which underwriting, accounts receivable the issues raised in the final set of consisted of formatting and minor financing, asset management, closing, public comments on the 30-Day and 15- editing suggestions. The Operator Lease and construction of healthcare facilities, Day Notices. Rather, the discussion in Addendum was revised to correctly insured pursuant to 12 U.S.C. 1715w, the following sections of this notice reference the new Cross-Default section 223(a)(7)–12 U.S.C § 1715n and highlights certain changes which are Guaranty for Portfolios. 223f–12 U.S.C. 1715n of the National representative of the types of changes 5. Accounts Receivable Documents Housing Act. In conjunction with made in response to some of the more publication of the 60-Day Notice, the significant issues raised by the One commenter proposed multiple 153 healthcare facility documents (with commenters in response to the 30-Day technical edits which were accepted. proposed revisions) were made and 15-Day Notices. 6. Master Lease Documents available for public review and comment. A summary of the changes to A. Key Changes by Category of HUD received comments requesting the existing healthcare facility Document technical edits to the Master Lease documents was also provided so that Throughout the documents, language documents. Commenter noted that reviewers could understand the changes was added to make the forms works landlords should have the right to proposed. when there is a master lease without increase rents without prior HUD In response to the 60-Day Notice, having to change the form, as was approval. As provided in response to HUD received 43 submissions on the required in the past. Unnecessary another commenter, HUD acknowledges regulations.gov site from multiple possessives with the use of apostrophes that the Borrower Regulatory Agreement commenters which were considered in and brackets were removed. For does not place requirements for prior the development of the revised consistency throughout all of the HUD approval for increases in rents. documents which were published on documents, the word Secretary was One commenter did note that the form April 10, 2018 in the Federal Register replaced with HUD or U.S. Department HUD -91116–ORCF should be amended (83 FR 15396), and again on June 29, of Housing and Urban Development. to reflect that the Borrower Regulatory 2018, (83 FR 30769) and consistent with Edits suggesting reformatting were, in Agreement only requires prior HUD the PRA, comment was solicited for an most cases, adopted by HUD. approval when reducing the rents in the additional 30 and 15 days respectively. lease. HUD accepted the comment and The second (15-day) publication was to 1. Underwriting Lender Narratives revised this document and related allow the public to resubmit any The lender narratives were not documents where the provision as to comments from the 30-day process, significantly changed after the 30-Day whether HUD approval was needed for which may not have been received by and 15-Day Notice. Based on public increases in rents was unclear. Another HUD and OMB, due to a technical comments, the Lender Narratives were commenter voiced concern that problem; both of these latter amended to reflect several edits to key landlords could unilaterally raise rents publications presented the exact same questions for clarity and to reflect the on third party operators and master documents, and comments from both changing regulatory environment. tenants. To address this concern, HUD the 30-day and 15-day versions were 2. Consolidated Certifications inserted additional language to address combined for review purposes. In the concerns of third-party operators. response to the 30-Day and 15-Day HUD made a few substantive changes Notices, HUD received 10 submissions since the 60-Day Notice. As noted by 7. Closing Documents on the regulations.gov site from several commenters, more drop-down Some technical edits from multiple commenters which were menus were inserted for consistency commenters were accepted by HUD considered in the development of the with the document formatting style. throughout this category. final documents. These certifications received some This notice published today public comments primarily for 8. Escrow Documents announces that HUD has completed the formatting and a few substantive The comments consisted of technical notice and comment processes required suggested changes in terminology. HUD edits to the Escrow Agreement for Debt by the Paperwork Reduction Act, and also amended language in the section Service Reserve and the Escrow that OMB has completed its review and pertaining to suits and legal actions. The Agreement for Operating deficits. has approved the renewal/reinstatement updated language provides clarification of document collection 2502–0605. to legal actions beyond professional 9. Legal Opinion/Certification HUD made additional changes to the liability actions. This change addresses Documentation documents in response to comments comments received on the Request for Several commenters asked for submitted on the 30-Day Notice. Endorsement of Credit of Lender [and] clarification on the scope of docket Therefore, in addition to announcing Borrower [& General Contractor] which searches being requested. HUD the completion of the process required HUD accepted but was addressed in the responded by revising the form to

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clarify the jurisdictions and the which will identify which documents III. Estimated Burden Hours of participants that need to be searched. they should submit from the checklist Collection 10. Asset Management Documents and which sections of the Lender The following is a table of all the Narrative they should complete. documents for which approval under Few comments were received on this the PRA was sought, with the burden category of documents. However, one 11. 241a Supplemental Documents hours and costs to respondents commenter noted some inconsistencies This category of documents was calculated for preparation of and in the Computation of Surplus Cash submission of each of documents as form which was addressed by revising entirely new to the initial Collection. well as the total aggregate annual cost of the language. One substantive change Commenter made technical edits to $2,952,596.06. was made to form HUD–92266–ORCF these supplemental loan documents Lender Narrative, Change of Ownership similar to those made on the main Dated: June 27, 2019. Review, to streamline transactions. (underlying) loan documents. The edits John L. Garvin, Applicants no longer have to try and HUD accepted were made to maintain General Deputy Assistant Secretary for determine if a transaction is a Full, consistency with the main (underlying) Housing. Modified, or Light review when there is document and the related 241a This table, revised with updated a change of ownership. Instead, this Supplemental Loan documents. information on burden hours and costs form consolidates Full, Modified or from the U.S. Department of Labor, Light Lender Narratives into one form Bureau of Labor Statistics, is included with Transaction Determent Questions below:

Avg. Avg. Number Freq. of Resp. per burden Annual hourly Annual Form No. Document name of respon- resp. annum hour per burden wage per cost dents resp. hours resp.

Underwriting Lender Narratives

HUD–9001–ORCF Lender Narrative—223a7.. 30 2.5 75 22.00 1,650 $55 $90,239 HUD–9002–ORCF Lender Narrative—223f..... 30 7.5 225 70.00 15,750 55 861,368 HUD–9003–ORCF Lender Narrative—241a.... 4 1 4 73.00 292 55 15,969 HUD–9004–ORCF Lender Narrative—New 10 2 20 87.00 1,740 55 95,161 Construction—Single Stage. HUD–9005–ORCF Lender Narrative—New 10 2 20 63.00 1,260 55 68,909 Construction—2 Stage Initial Submittal. HUD–9005a–ORCF Lender Narrative—New 10 2 20 53.00 1,060 55 57,971 Construction—2 Stage Final Submittal. HUD–9006–ORCF Lender Narrative—Sub- 4 1 4 93.00 372 55 20,345 stantial Rehabilitation— Single Stage. HUD–9007–ORCF Lender Narrative—Sub- 4 1 4 70.00 280 55 15,313 stantial Rehabilitation—2 Stage Initial Submittal. HUD–9007a–ORCF Lender Narrative—Sub- 4 1 4 70.00 280 55 15,313 stantial Rehabilitation—2 Stage Final Submittal. HUD–9009–ORCF Lender Narrative 232(i)— 5 2 10 15.00 150 55 8,204 Fire Safety Equipment Installation, without Ex- isting HUD Insured Mort- gage. HUD–90010–ORCF Lender Narrative 232(i)— 5 2 10 15.00 150 55 8,204 Fire Safety Equipment Installation, with Existing HUD Insured Mortgage. HUD–90011–ORCF Lender Narrative 223(d)— 1 2 2 15.00 30 55 1,641 Operating Loss Loan. HUD–9444–ORCF Lender Narrative Cost Cer- 2 2 4 15.00 60 55 3,281 tification Supplement.

Consolidated Certifications

HUD–90012–ORCF Consolidated Certifi- 30 2.5 75 1.00 75 55 4,102 cation—Lender. HUD–90013–ORCF Consolidated Certifi- 77 1 77 1.00 77 55 4,211 cation—Borrower. HUD–90014–ORCF Consolidated Certifi- 38 2 76 1.00 76 55 4,156 cation—Principal of the Borrower. HUD–90015–ORCF Consolidated Certifi- 35 2 70 1.00 70 55 3,828 cation—Operator.

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Avg. Avg. Number Freq. of Resp. per burden Annual hourly Annual Form No. Document name of respon- resp. annum hour per burden wage per cost dents resp. hours resp.

HUD–90016–ORCF Consolidated Certifi- 35 2 70 1.00 70 55 3,828 cation—Parent of Oper- ator. HUD–90017–ORCF Consolidated Certifi- 35 2 70 1.00 70 55 3,828 cation—Management Agent. HUD–90018–ORCF Consolidated Certifi- 4 1 4 1.50 6 55 328 cation—Contractors. HUD–90021–ORCF Previous Participation Cer- 30 5.83 174.9 1.00 174.9 55 9,565 tification—Controlling Participant.

Construction Documents

HUD–9442–ORCF Memo for Post-Commit- 3 2 6 1.00 6 55 330 ment Early Start of Con- struction Request. HUD–90023–ORCF Early Commencement/ 3 2 6 0.25 1.5 55 83 Early Start—Borrower Certification. HUD–91123–ORCF Design Professional’s Cer- 26 2 52 0.50 26 61 1,573 tification of Liability In- surance. HUD–91124–ORCF Design Architect Certifi- 26 2 52 0.50 26 61 1,573 cation. HUD–91125–ORCF Staffing Schedule...... 30 5.83 174.9 1.00 174.9 55 9,565 HUD–91127–ORCF Financial Statement Certifi- 26 2 52 0.50 26 55 1,422 cation—General Con- tractor. HUD–91129–ORCF Lender Certification for 10 5.2 52 3.00 156 55 8,532 New Construction Cost Certifications. HUD–92328–ORCF Contractor’s and/or Mortga- 26 2 52 4.00 208 55 11,376 gor’s Cost Breakdown. HUD–92403–ORCF Application for Insurance of 3 2 6 0.20 1.2 55 66 Advance of Mortgage Proceeds. HUD–92408–ORCF HUD Amendment to B108 26 2 52 0.50 26 55 1,422 HUD–92415–ORCF Request for Permission to 3 2 6 0.50 3 61 182 Commence Construction Prior to Initial Endorse- ment for Mortgage Insur- ance (Post-Commitment Early Start of Construc- tion). HUD–92437–ORCF Request for Construction 3 2 6 2.00 12 55 656 Changes on Project Mortgages. HUD–92441–ORCF Building Loan Agreement .. 10 5.2 52 1.00 52 55 2,844 HUD–92441a– Building Loan Agreement 10 5.2 52 1.00 52 55 2,844 ORCF Supplemental. HUD–92442–ORCF Construction Contract...... 10 5.2 52 1.00 52 55 2,844 HUD–92448–ORCF Contractor’s Requisition.... 3 2 6 6.00 36 55 1,969 HUD–92450–ORCF Completion Assurance...... 10 5.2 52 0.50 26 55 1,422 HUD–92452–ORCF Performance Bond—Dual 5 5.2 26 0.50 13 100 1,295 Obligee. HUD–92452A– Payment Bond ...... 5 5.2 26 0.50 13 55 711 ORCF HUD–92455–ORCF Request for Endorsement 10 5.2 52 1.00 52 55 2,844 HUD–92456–ORCF Escrow Agreement for In- 3 2 6 0.50 3 55 164 complete Construction. HUD–92479–ORCF Offsite Bond—Dual Obli- 5 3 15 0.50 7.5 55 410 gee. HUD–92485–ORCF Permission to Occupy ...... 3 2 6 0.50 3 55 164 HUD–92554–ORCF Supplementary Conditions 10 5.2 52 0.50 26 100 2,590 of the Contract for Con- struction. HUD–93305–ORCF Agreement and Certifi- 10 5.2 52 0.50 26 55 1,422 cation.

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Avg. Avg. Number Freq. of Resp. per burden Annual hourly Annual Form No. Document name of respon- resp. annum hour per burden wage per cost dents resp. hours resp.

HUD–95379–ORCF HUD Representative’s Trip 26 28 728 1.00 728 55 39,814 Report.

Underwriting Documents

HUD–2–ORCF Request for Waiver of 20 8 160 1.00 160 55 8,750 Housing Directive. HUD–935.2D– Affirmative Fair Housing 10 5.2 52 6.00 312 55 17,063 ORCF Marketing Plan—232. HUD–941–ORCF Lenders FHA Number Re- 30 11.7 351 0.50 175.5 55 9,598 quest Form. HUD–9445–ORCF Certification of Outstanding 35 10 350 1.00 350 61 21,175 Obligations. HUD–9839–ORCF Management Certifi- 5 1 5 0.50 2.5 55 137 cation—Residential Care Facility. HUD–90022–ORCF Certification for Electronic 35 10 350 0.50 175 55 9,571 Submittal. HUD–90024–ORCF Contact Sheet...... 35 10 350 1.00 350 55 19,142 HUD–91116–ORCF Addendum to Operating 30 6.5 195 0.50 97.5 61 5,899 Lease. HUD–91126–ORCF Financial Statement Certifi- 150 7 1050 0.50 525 55 28,712 cation—Borrower. HUD–91130–ORCF Building Code Certification 26 2 52 0.50 26 61 1,573 HUD–92000–ORCF Appraisal Sockets...... 30 11.7 351 1.50 526.5 61 31,853 HUD–92264a- Maximum Insurable Loan 30 11.7 351 2.00 702 61 42,471 ORCF Calculation. HUD–92434–ORCF Lender Certification...... 35 10 350 1.00 350 55 19,142

Accounts Receivable Documents

HUD–90020–ORCF Accounts Receivable Fi- 50 3 150 0.50 75 100 7,470 nancing Certification. HUD–92322–ORCF Intercreditor Agreement 30 5 150 1.50 225 100 22,410 (for AR Financed Projects).

Master Lease Documents

HUD–92211–ORCF Master Lease Addendum .. 5 5 25 1.00 25 100 2,490 HUD–92331–ORCF Cross-Default Guaranty of 30 5.83 175 1.00 174.9 100 17,420 Subtenants. HUD–92333–ORCF Master Lease SNDA ...... 30 5.83 175 0.50 87.45 100 8,710 HUD–92334–ORCF Master Tenant Assignment 30 5.83 175 1.00 174.9 100 17,420 of Leases and Rents. HUD–92335–ORCF Guide for Opinion of Mas- 30 5.83 175 1.00 174.9 100 17,420 ter Tenant’s Counsel. HUD–92336–ORCF Subordinate Cross-Default 30 5.83 175 1.00 174.9 100 17,420 Guaranty of Subtenants. HUD–92337–ORCF Healthcare Regulatory 30 5.83 175 0.50 87.45 100 8,710 Agreement—Master Ten- ant. HUD–92339–ORCF Master Lease Estoppel 30 5.83 175 0.50 87.45 100 8,710 Agreement. HUD–92340–ORCF Master Tenant Security 30 5.83 175 1.00 174.9 100 17,420 Agreement. HUD–92341–ORCF Termination and Release 30 5.83 175 0.50 87.45 100 8,710 of Cross-Default Guar- anty of Subtenants. HUD–92342–ORCF Amendment to HUD Mas- 30 5.83 175 0.50 87.45 100 8,710 ter Lease (Partial Termi- nation and Release). HUD–92343–ORCF Limited Guaranty and Se- 30 5.83 175 1.00 174.9 100 17,420 curity Agreement.

Closing Documents

HUD–2205A–ORCF Borrower’s Certificate of 30 7.5 225 3.50 787.5 55 43,068 Actual Cost.

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Avg. Avg. Number Freq. of Resp. per burden Annual hourly Annual Form No. Document name of respon- resp. annum hour per burden wage per cost dents resp. hours resp.

HUD–91110–ORCF Subordination, Non-Dis- 30 11.7 351 0.50 175.5 100 17,480 turbance and Attornment Agreement of Operating Lease (SNDA). HUD–91111–ORCF Survey Instructions and 180 1.5 270 0.50 135 61 8,168 Borrower’s Certification. HUD–91112–ORCF Request of Overpayment 15 5.13 76.95 0.50 38.475 55 2,104 of Firm Application Exam Fee. HUD–91118–ORCF Borrower’s Certification— 240 1 240 0.50 120 55 6,563 Completion of Critical Repairs. HUD–91710–ORCF Residual Receipts Note— 5 2 10 0.50 5 55 273 Non-Profit Mortgagor. HUD–92023–ORCF Request for Final Endorse- 10 5.2 52 1.00 52 55 2,844 ment. HUD–92070–ORCF Lease Addendum ...... 2 1 2 0.50 1 100 100 HUD–92071–ORCF Management Agreement 35 11.7 409.5 0.50 204.75 55 11,198 Addendum. HUD–92223–ORCF Surplus Cash Note ...... 7 2 14 0.50 7 55 383 HUD–92323–ORCF Operator Security Agree- 30 6.5 195 1.00 195 100 19,422 ment. HUD–92324–ORCF Operator Assignment of 30 6.5 195 1.00 195 100 19,422 Leases and Rents. HUD–92330–ORCF Mortgagor’s Certificate of 5 3 15 8.00 120 55 6,563 Actual Cost. HUD–92330A– Contractor’s Certificate of 5 3 15 8.00 120 55 6,563 ORCF Actual Cost. HUD–92420–ORCF Subordination Agree- 7 2 14 0.50 7 100 697 ment—Financing. HUD–92435–ORCF Lender’s Certification—In- 35 11.7 409.5 0.25 102.375 55 5,599 surance Coverage. HUD–92466–ORCF Healthcare Regulatory 35 10 350 0.50 175 100 17,430 Agreement—Borrower. HUD–92466A– Healthcare Regulatory 10 2 20 0.50 10 100 996 ORCF Agreement—Operator. HUD–92468–ORCF Healthcare Regulatory 35 2 70 0.50 35 100 3,486 Agreement—Fire Safety. HUD–94000–ORCF Security Instrument/Mort- 35 10 350 0.50 175 100 17,430 gage/Deed of Trust. HUD–94000– Security Instrument/Mort- 35 10 350 0.50 175 100 17,430 ORCF–ADD gage/Deed of Trust Ad- denda (various states). HUD–94000B– Rider to Security Instru- 35 10 350 0.50 175 100 17,430 ORCF ment—LIHTC. HUD–94001–ORCF Healthcare Facility Note .... 35 10 350 1.00 350 55 19,142 HUD–94001– Healthcare Facility Note— 35 10 350 0.50 175 55 9,571 ORCF–RI Rider (various states).

Escrow Documents

HUD–9443–ORCF Minor Moveable Escrow .... 26 2 52 1.00 52 61 3,146 HUD–91071–ORCF Escrow Agreement for Off- 3 2 6 0.50 3 55 164 site Facilities. HUD–91128–ORCF Initial Operating Deficit Es- 11 5 55 1.50 82.5 61 4,991 crow Calculation Tem- plate. HUD–92412–ORCF Working Capital Escrow .... 10 5.2 52 0.50 26 55 1,422 HUD–92414–ORCF Latent Defects Escrow ...... 20 12 240 0.50 120 55 6,563 HUD–92464–ORCF Request Approval Advance 35 15 525 1.00 525 55 28,712 of Escrow Funds. HUD–92476–ORCF Escrow Agreement Non- 20 12 240 0.50 120 55 6,563 critical Deferred Repairs. HUD–92476B– Escrow Agreement for Op- 12 4.8 57.6 0.50 28.8 55 1,575 ORCF erating Deficits. HUD–92476C– Escrow Agreement for 12 4.8 57.6 0.50 28.8 55 1,575 ORCF Debt Service Reserves.

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Avg. Avg. Number Freq. of Resp. per burden Annual hourly Annual Form No. Document name of respon- resp. annum hour per burden wage per cost dents resp. hours resp.

Legal Opinion/Certification Documents

HUD–91117–ORCF Operator Estoppel Certifi- 100 2 200 0.50 100 100 9,960 cate. HUD–91725–ORCF Guide for Opinion of Bor- 35 10 350 2.00 700 100 69,720 rower’s Counsel. HUD–91725–INST– Instructions to Guide for 35 10 350 0.00 0 100 0 ORCF Opinion of Borrower’s and Operator’s Counsel. HUD–91725– Exhibit A to Opinion of Bor- 35 10 350 2.00 700 100 69,720 CERT–ORCF rower’s Counsel—Certifi- cation. HUD–92325–ORCF Guide for Opinion of Oper- 30 6.5 195 1.50 292.5 100 29,133 ator’s Counsel and Cer- tification. HUD–92327–ORCF Consolidated Operator 30 5.83 175 1.00 174.9 100 17,420 Opinion [Single State].

Asset Management Documents

HUD–1044–D– Multifamily Insurance 20 7 140 0.50 70 55 3,828 ORCF Branch Claim. HUD–2537–ORCF Mortgagee’s Application for 20 7 140 0.25 35 55 1,914 Partial Settlement. HUD–2747–ORCF Application for Insurance 20 7 140 0.10 14 55 766 Benefits. HUD–9250–ORCF Funds Authorizations...... 500 5.6 2,800 1.00 2,800 55 153,132 HUD–9807–ORCF Insurance Termination Re- 20 7 140 0.10 14 55 766 quest. HUD–90019–ORCF Auditor’s Loss period Fi- 3 1 3 0.50 1.5 55 82 nancial Statement Certifi- cation (223d). HUD–90029–ORCF 232 Healthcare Portal Ac- 60 3 180 0.50 90 55 4,922 cess. HUD–90030–ORCF Lender Narrative, Requests 30 2 60 3 180 55 9,844 to Release or Modify Original Loan Collateral. HUD–90031–ORCF Lender Narrative, Accounts 30 2 60 1.5 90 55 4,922 Receivable. HUD–90032–ORCF Lender Narrative, Loan 20 4 80 1.50 120 55 6,563 Modification. HUD–90033–ORCF Loan Modification Lender 20 4 80 0.50 40 55 2,188 Certification. HUD–92080–ORCF Mortgage Record 20 1 20 0.25 5 55 273 Change—232. HUD–92117–ORCF Borrower’s Certification— 250 2 500 0.50 250 55 13,673 Completion of Non-Crit- ical Repairs. HUD–92228–ORCF Model Form Bill of Sale 20 2 40 0.50 20 55 1,094 and Assignment. HUD–92266–ORCF Application for Transfer of 50 4 200 5.00 1,000 55 54,690 Physical Assets (TPA). HUD–92266A– Lender Narrative, Change 25 1 25 4.00 100 55 5,469 ORCF of Operator/Lessee. HUD–92266B– Lender Narrative, Change 25 1 25 2.00 50 55 2,735 ORCF of Management Agent. HUD–92417–ORCF Personal Financial and 175 6 1,050 3.50 3,675 55 200,986 Credit Statement. HUD–93332–ORCF Certification of Exigent 456 1 456 1.00 456 55 24,939 Health & Safety (EH&S) Issues. HUD–93333–ORCF Certification Physical Con- 208 1 208 0.50 104 55 5,688 dition in Compliance. HUD–93334–ORCF Servicer’s Notification to 60 15 900 0.5 450 55 24,611 HUD of Risks to Healthcare Project. HUD–93335–ORCF Operator’s Notification to 60 5 300 0.5 150 55 8,204 HUD of Threats to Per- mits and Approvals. HUD–93479–ORCF Monthly Report for Estab- 60 2 120 1.00 120 55 6,563 lishing Net Income.

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Avg. Avg. Number Freq. of Resp. per burden Annual hourly Annual Form No. Document name of respon- resp. annum hour per burden wage per cost dents resp. hours resp.

HUD–93480–ORCF Schedule of Disbursements 60 12 720 1.00 720 55 39,377 HUD–93481–ORCF Schedule of Accounts Pay- 60 12 720 1.00 720 55 39,377 able. HUD–93486–ORCF Computation of Surplus 70 1 70 0.50 35 55 1,914 Cash.

241a—Supplemental Loan Documents

HUD–91116A– Supplemental Addendum 10 0.5 5 0.50 2.5 100 249 ORCF to Operator Lease. HUD–92211A– Supplemental Master 10 0.5 5 1.00 5 100 498 ORCF Lease Addendum. HUD–92323A– Supplemental Operator Se- 10 0.5 5 1.00 5 100 498 ORCF curity Agreement. HUD–92324A– Supplemental Operator As- 30 6.5 195 1.00 195 100 19,422 ORCF signment of Leases and Rents. HUD–92333A– Supplemental Master 10 0.5 5 0.50 2.5 100 249 ORCF Lease SNDA. HUD–92334–ORCF Supplemental Master Ten- 30 5.83 174.9 1.00 174.9 100 17,420 ant Assignment of Leases and Rents. HUD–92338–ORCF Supplemental Healthcare 10 0.5 5 0.50 2.5 100 249 Regulatory Agreement— Master Tenant. HUD–92340A– Supplemental Master Ten- 10 0.5 5 1.00 5 100 498 ORCF ant Security Agreement. HUD–92434A– Supplemental Lender’s 10 0.5 5 1.00 5 55 273 ORCF Certificate for 241(a). HUD–92441B– Supplemental Building 10 0.5 5 1.00 5 55 273 ORCF Loan Agreement for 241(a). HUD–92467–ORCF Supplemental Healthcare 10 0.5 5 0.50 2.5 100 249 Regulatory Agreement— Borrower. HUD–92467A– Supplemental Healthcare 10 0.5 5 0.50 2.5 100 249 ORCF Regulatory Agreement— Operator. HUD–94000A– Supplemental Security In- 10 0.5 5 0.50 2.5 100 249 ORCF strument/Mortgage/Deed of Trust. HUD–94001A– Supplemental Healthcare 10 0.5 5 1.00 5 55 273 ORCF Facility Note.

5,451 730 26,125 5.32 49,226 68 2,952,596

[FR Doc. 2019–14410 Filed 7–3–19; 8:45 am] amend one of its systems of records ADDRESSES: You may submit comments, BILLING CODE 4210–67–P published in the Federal Register on identified by docket number and title, August 19, 2016, Asset Disposition and by one of the following methods: Management System (ADAMS). As a Federal e-Rulemaking Portal: http:// DEPARTMENT OF HOUSING AND result of the annual review of ADAMS, www.regulation.gov. Follow the URBAN DEVELOPMENT HUD is updating ADAMS to include instructions provided on that site to automation of the Name Address submit comments electronically. All [Docket No. FR–6146–N–07] Identification Number application comments received will be posted Privacy Act of 1974; System of process (e-NAID). This notice includes without change to http:// Records updates to the former notice’s routine www.regulation.gov, including any uses, categories of records, and purpose personal information provided. AGENCY: Office of Single-Family Asset of system statements. This notice also Mail: Attention: Housing and Urban Management, HUD. incorporates administrative and format and Development, Privacy Office; John ACTION: Notice of amended privacy act changes to convey already published Bravacos, The Executive Secretariat, 451 system of records. information in a more synchronized Seventh Street SW, Room 10139; format. Washington, DC 20410. SUMMARY: In accordance with the Email: [email protected]. Privacy Act of 1974, the Office of Single DATES: August 5, 2019. Family Asset Management, Department Fax: 202–619–8365. Comments Due Date: August 5, 2019. of Housing and Urban Development Docket: For access to the docket to (HUD) is giving notice that it intends to read background documents or

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comments received go to http:// eliminates manual data entry and SunGard, 1001 E Campbell Road, www.regulations.gov. supports the Department’s mission to Richardson, TX 75081; and FOR FURTHER INFORMATION CONTACT: The mitigate financial risk to the FHA CenturyLink, 200 N Nash Street, El Privacy Office, 451 Seventh Street SW, Mutual Mortgage Insurance Fund Segundo, CA 90245. The Santa Barbara Room 10139, Washington, DC 20410, (MMIF) by reducing the NAID datacenter hosts the design and telephone number 202–708–3054 (this processing timeframe and the required development instances. Testing, is not a toll-free number). Individuals IRS 1099 payment to brokers and production and disaster recovery who are hearing- and speech-impaired service contractors. As a result of the instances are located in the Dallas, TX may access this telephone number via annual review of ADAMS, records have and Los Angeles, CA datacenters. been updated to include automation of TTY by calling the Federal Relay SYSTEM MANAGER(S): Service at 800–877–8339 (this is a toll- the Name Address Identification Ivery W. Himes, Director, Office of free number). Number application process (e-NAID). Single-Family Asset Management, Room SUPPLEMENTARY INFORMATION: The This notice includes updates to the former notice’s routine uses, categories 9178, 450 Seventh Street SW, Federal Housing Administration (FHA) Washington, DC 20410. insures approved lenders against the of records, and purpose of system risk of loss on loans they finance for the statements. This notice also AUTHORITY FOR MAINTENANCE OF THE SYSTEM: incorporates administrative and format purchase, and in some instances, The specific authorizations are: changes to convey already published rehabilitation of single family homes. In • The National Housing Act, Public information in a more synchronized the event of a default on an FHA- Law 479, 48 Stat. 1246, 12 U.S.C. insured loan, the lender generally format. Specifically, this ADAMS notice 1715z–11a acquires title to the property by • The Housing and Community amendment identifies automation of the foreclosure, a deed-in-lieu of Development Act of 1987, Public Law Name Address Identification Number foreclosure, or other acquisition 100–242, Title I, 165, Feb. 5, 1988, 101 (NAID) application process (e-NAID). E- method; files a claim for insurance Stat. 1864, 42 U.S.C. 3543 benefits; and conveys the property to NAID: • • Section 904 of the Stewart B. HUD. Properties conveyed to the Allows participants to complete forms McKinney Homeless Assistance Secretary of HUD make up the Single SAMS 1111, ‘‘Payee Name and Amendments Act of 1988, Public Law Family Real Estate Owned (REO) Address,’’ and SAMS 1111–A, 100–628, 42 U.S.C. 3544 inventory managed by the Office of ‘‘Selling Broker Certification’’ through • Title 24 Code of Federal Single Family Asset Management. HUD HUDhomestore.com • Regulations, Part 291, Disposition of administers its REO disposition program Leverages e-Signature’s Application HUD-Acquired and -Owned Single through four Homeownership Centers Programming Interface (API) to allow Family Property (HOCs) located in Philadelphia, the NAID application to be signed and Pennsylvania; Atlanta, Georgia; Denver, approved electronically PURPOSE(S) OF THE SYSTEM: Colorado; and Santa Ana, California. • Provides near-real time approval and ADAMS is a case management system HUD currently has 55 Management and tracking/generation of NAID for HUD-owned and HUD-managed • Marketing (M&M) contracts; 23 Asset Eliminates the ‘‘Check current NAID single-family properties in support of Managers (AMs); 31 Field Service Status’’ lookup option HUD Property Disposition Sales • Eliminates manual data entry Managers (FSMs); and 1 Mortgage • Program (24 CFR part 291). ADAMS Compliance Manager (MCM) who Reduces NAID processing time supports HUD Headquarters and provide M&M services throughout the SYSTEM NAME AND NUMBER Homeownership Center (HOC) staff and United States. The ADAMS application HUD’s Management and Marketing is provided under a Software as a Asset Disposition and Management (M&M) contractors to track single-family Service (SaaS) contract for HUD/FHA to System (ADAMS—P260). properties from their acquisition by track the acquisition, maintenance, and SECURITY CLASSIFICATION: HUD through the steps necessary to sale of HUD’s Single-Family Real Estate Not classified. resell the properties. ADAMS captures Owned (REO) inventory under HUD’s pertinent data relating to the properties, Property Disposition Sales Program (24 SYSTEM LOCATION: including acquisition, maintenance and CFR part 291). The Office of Single- ADAMS is accessible at workstations sales cost, property description and Family Asset Management (OSFAM) has located at the following locations: value, bids and sales proceeds, and automated the approval process for real Department of Housing and Urban special program designations. ADAMS estate brokers (selling and principal Development Headquarters, 451 also tracks and monitors certain events brokers), governmental entities (State Seventh Street SW, Washington, DC after sales under the Good Neighbor and local governments, public agencies) 20410; HUD Atlanta Homeownership Next Door, non-profit, and Asset Control and private nonprofit organizations that Center, Five Points Plaza, 40 Marietta Area (ACA) sales programs. Additional participate in HUD’s Property Street, Atlanta, GA 30303–2806; HUD Nonprofit/Government entity web-based Disposition Sales Program (24 CFR 291). Philadelphia Homeownership Center, program management tools improve the Eligible participants must have an The Wanamaker Building, 100 Penn application, recertification, and approved, active Name Address Square East, Philadelphia, PA 19107– reporting process for organizations that Identifier (NAID) and be registered as a 3389; HUD Denver Homeownership participate in the Office of Single Bidder on the HUD Home store website. Center Processing & Underwriting—20th Family Housing (OSFH) activities and to The e-NAID process leverages existing FL, 1670 Broadway Denver, CO 80202; assist HUD staff with the daily ADAMS technology to verify program Santa Ana Homeownership Center, administration of FHA’s Nonprofit eligibility and approval requirements Santa Ana Federal Building, 34 Civic Program activities. HUD maintains a and consolidates the prior paper-based Center Plaza, Room 7015, Santa Ana, roster of nonprofit organizations that are NAID application process with CA 92701–4003. The system is qualified to participate in certain processing and approval of the NAID in externally hosted by Yardi Systems, specified FHA activities. ADAMS is ADAMS. The e-NAID enhancement Inc., 430 S Fairview, Goleta, CA 93117; used to:

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• Approve and/or recertify provides features to support the • Mortgagee ID Number participant’s Name Address performance of Good Neighbor Next • SAMS name and address Identification (e-NAID) required to Door Sales Programs (GNND) identification number (NAID) submit bids and purchaser information compliance control tasks. DPCS features • FHA case number and property (SAMS 1111, SAMS 1111–A) for HUD are organized according to three main address REO property sales steps in the sales process: Pre-sales/pre- • Date purchaser(s) signed sales (HUDhomestore.com). registration, sales/pre-closing, and post- contract (Form HUD–9548) • Obtain, store, and display case-level closing. • Date sales contract accepted by information about properties acquired Extensive workflow rules are HUD by or in custody of HUD. incorporated into ADAMS to ensure • Purchase price • Track events and information compliance with HUD regulations, • Purchaser type describing the status of real property policies, and procedures. OSFAM • Appraisal information from the date of conveyance to the ensures the protection of program • Tax payments Department through several stages of participant PII and mortgagee business • Sales offer information management, marketing, and sensitive information by ensuring • HUD–1 disposition, to final reconciliation of ADAMS’ compliance with HUD and • Contract information sale proceeds. Federal Information Security • Vendor information • Retain data relative to contracts, Management Act (FISMA) security and • Financial transactions contractors, and vendors that support privacy controls. Data exchanges are the property disposition program. Nonprofit and Government (state and done via secure file transfer protocol local) (Note: In addition to the • Calculate property management, (SFTP); and the servers and mainframes marketing, and incentive fees earned by successful bidders/purchasers) used employ Federal Information • Internal Revenue Service (IRS) management and marketing (M&M) Processing Standards (FIPS) 199 letters for determination of nonprofit contractors, closing agents, and special moderate security categorization status property inspection (SPI) contractors, controls. The ADAMS Information • Articles of Organization and generate disbursement transmittals. System Security Officer (ISSO) and Co- • • Mortgage notes Calculate M&M contractor payment CORs work closely with system security • W–9 incentives and disincentives. administrators, network and project • • SAMS–1111 Generate disbursement transmittals security personnel to ensure the • Property report documentation for payment of other property-related integrity of data exchanges. The (Median Income certification) expenses such as pass-through expenses ADAMS service provider has annual Management and Marketing (M&M) and property taxes. independent Service Organization • Exchange data with HUD and non- Contractors Control (SOC I) attestation audits HUD systems and internet sites for both • conducted in accordance with the Business name, address, and input and retrieval of data using the American Institute of Certified Public telephone number data exchange. • Accountants’ (AICPA) Statement on EIN, TIN, or SSN • Provide data security with multiple • SAMS NAID levels of access for users including HUD Standards for Attestation Engagements • No. 18 (SSAE 18) and under Federal FHA case number and property employees and designated contractors. address • Information System Controls Audit Provide standard and ad hoc • Date purchaser(s) signed sales reporting capability. Manual (FISCAM) standards. Access to • REO data and ADAMS screens is contract (Form HUD–9548) Facilitate summary, trend, and • Date sales contract accepted by comparative analysis of portfolio restricted to those individuals with a need-to-know and a valid business HUD performance. • Purchase price • Provide ease of navigation and use justification. Approved changes undergo • Purchaser type for users at all skill levels. rigorous service provider acceptance, • • Mortgage notes Ensure the security and privacy of smoke, and regression testing before • the information collected and stored in User Acceptance Testing (UAT) by HUD W–9 • SAMS–1111 the SSAE–18 compliant data center and Subject Matter Experts (SMEs) and • provide disaster recovery from the implementation is authorized. Property report documentation disaster recovery data center. (Median Income certification) CATEGORIES OF INDIVIDUALS COVERED BY THE • • Provide Web-based access to Limited information about the SYSTEM: subcontractors, appraisers, and homebuyers: Name, address, SSN, and inspectors to enable them to upload Individuals covered by this system race/ethnicity characteristics include: • Payment Information Form ACH property data and related documents. • • Homebuyers Vendor Payment System (SF 3881) new Provide Pre-Conveyance • functionality including request for Successful Bidders (purchasers) ADAMS contains files on property • Nonprofits and Government (state conveyance extension, request for appraisals, tax payments, purchase sales and local) agencies offer information, HUD–1, purchase approval of occupied conveyance, over- • Management and Marketing (M&M) allowable requests, and surchargeable contract information, vendor contractors damage request. information, and property preservation • Special reporting designed for ease CATEGORIES OF RECORDS IN THE SYSTEM: and protection invoice information, of use by M&M contractors. Reports Homebuyers FHA property listings, and property based on latest daily and weekly data • Name, address, SSN, race/ethnicity agent contact information. and provides for online reports, national Successful Bidders (Purchasers) summary reports, and historical reports • Business name, address, and RECORD SOURCE CATEGORIES: that are uploaded by administrative telephone number Purchasers, Brokers, appraisers, M&M users. • Social Security Number (SSN), contractors, Nonprofits, State and Local • Web-based Disposition Program Employee Identification Number (EIN), Government entities, and HUD Compliance System (DPCS) module or Tax Identification Number (TIN) employees.

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ROUTINE USES OF RECORDS MAINTAINED IN THE data elements considered relevant to primary facility. ADAMS primary host SYSTEM, INCLUDING CATEGORIES OF USERS AND accomplishing an agency function. facility is located at SunGard, 1001 E PURPOSES OF SUCH USES: Individuals provided information under Campbell Road, Richardson, TX 75081. In addition to those disclosures these routine use conditions are subject The ADAMS disaster recovery facility is generally permitted under 5 U.S.C. to Privacy Act requirements and at CenturyLink, 200 N Nash Street, El 552a(b) of the Privacy Act, all or a disclosure limitations imposed on the Segundo, CA 90245. portion of the records or information in Department. this system may be disclosed to 2. To appropriate agencies, entities, POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: authorized entities, as determined to be and persons when: relevant and necessary, outside the i. HUD suspects or has confirmed that Records can be viewed using Department of Housing and Urban the security or confidentiality of computer search by the FHA case Development (HUD) as a routine use information in a system of records has number, property address (including pursuant to 5 U.S.C. 552a(b)(3): been compromised; other geographical characteristics such 1. To the Government Accountability ii. HUD has determined that as a as contract area, property state/city/ Office (GAO) for audit purposes. result of the suspected or confirmed county/zip code, Homeownership 2. To the Office of the Inspector compromise there is a risk of harm to Center), or contractor ID or name, or General (OIG) for audit purposes. economic or property interests, identity non-profit/government agency name. 3. To Management and Marketing thief, or fraud, or hard to the security or POLICIES AND PRACTICES FOR RETENTION AND contractors for processing the sale of integrity of systems or programs DISPOSAL OF RECORDS: HUD Homes. (whether maintained by HUD or another 4. To the Federal Bureau of ADAMS records comply with the agency or entity) that rely upon the National Archives and Records Investigation (FBI) to investigate compromised information; and possible fraud revealed in the course of Administration’s July 2017 General individuals, HUD (including its Records Schedule 1.1, Financial property disposition efforts to allow information systems, programs, and HUD to protect the interest of the Management and Reporting Records, operations), the Federal Government, or Items 010 and 011, to maintain for six Secretary. national security; and 5. To the National Archives and years, or when business use ceases. iii. the disclosure made to such Backup and Recovery digital media will Records Administration (NARA) for agencies, entities, and persons is records having sufficient historical or be destroyed or otherwise rendered reasonably necessary to assist in irrecoverable per NIST SP 800–88 other value to warrant continued connection with HUD’s efforts to preservation by the United States ‘‘Guidelines for Media Sanitization’’ respond to the suspected or confirmed (December 2014). Government, or for inspection under compromise and prevent, minimize, or authority of Title 44, Chapter 29, of the remedy such harm for purposes of ADMINISTRATIVE, TECHNICAL, AND PHYSICAL United States Code. facilitating responses and remediation SAFEGUARDS: 6. To a congressional office from the efforts in the event of a data breach. FHA ensures the protection of record of an individual, in response to 8. To the Department of Justice (DOJ) program participants’ PII and mortgagee an inquiry from the congressional office when seeking legal advice for a HUD business sensitive information by made at the request of that individual. initiative or in response to DOJ’s request ensuring ADAMS’ compliance with 7. To contractors, grantees, experts, for the information, after either HUD or HUD and Federal Information Security consultants, Federal agencies, and non- DOJ determine that such information is Management Act (FISMA) security and Federal entities, including, but not relevant to DOJ’s representatives of the privacy controls. limited to, State and local governments United States or any other components Administrative and other research institutions or their in legal proceedings before a court or 1. OSFAM conducts a full security parties, and entities and their agents adjudicative body, provided that, in assessment of ADAMS to ensure with whom HUD has a contract, service each case, the agency also determines compliance with NIST SP 800–53, agreement, grant, or cooperative prior to disclosure that disclosure of the Recommended Security Controls for agreement, when necessary to records to DOJ is a use of the Federal Information Systems, as accomplish an agency function related information contained in the records amended, and NIST SP 800–37, Guide to a system of records, for the purpose that is compatible with the purpose for for Applying the Risk Management of statistical analysis and research in which HUD collected the records. HUD Framework to Federal Information support of program operations, on its own may disclose records in this Systems, as amended, and HUD’s management, performance monitoring, system of records in legal proceedings authorization to operate methodology. evaluation, risk management, and policy before a court or administrative body 2. ADAMS undergoes an annual development, or to otherwise support after determining that the disclosure of independent attestation assessment. the Department’s mission. Records the records to the court or 3. A documented security impact under this routine use may not be used administrative body is a use of the analysis is conducted whenever changes in whole or in part to make decisions information contained in the records are proposed to ADAMS or its that affect the rights, benefits, or that is compatible with the purpose for interfacing information systems, privileges of specific individuals. The which HUD collected the records. networks, or to their physical results of the matched information may environment, interfaces, or user- not be disclosed in identifiable form. POLICIES AND PRACTICES FOR STORAGE OF community makeup. 1. To contractors, grantees, experts, RECORDS: 4. The ADAMS hosting environment consultants and their agents, or others ADAMS records are stored tests and documents the incident performing or working under a contract, electronically in secure facilities. response capability for ADAMS on a service, grant or cooperative agreement Electronic files are stored in case files yearly basis. This training allows for with HUD, when necessary to on secure servers. Electronic files are determination of the effectiveness the accomplish an agency function related replicated at a disaster recovery offsite incident response plan and to a system of records. Disclosure location in case of loss of computing incorporation into the procedure for requirements are limited to only those capability or other emergency at the contingency planning testing plan.

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Technical your request, and your signature must FR 62520; Published in the Federal 1. Access to program participants data either be notarized or submitted under Register—October 21, 2008. and ADAMS screens is restricted to 28 U.S.C. 1746, a law that permits Dated: June 28, 2019. those individuals with a need-to-know statements to be made under penalty of John Bravacos, and a valid business justification. perjury as a substitute for notarization. Senior Agency for Privacy. 2. ADAMS access requires two levels If your request is seeking records of logins to access the system. The first pertaining to another living individual, [FR Doc. 2019–14409 Filed 7–3–19; 8:45 am] login uses HUD Siteminder system to you must include a statement from that BILLING CODE 4210–67–P verify that the user has active HUD individual certifying their agreement for authorization. The second login uses you to access their records. Without the ADAMS internal security system to set above information, the HUD FOIA DEPARTMENT OF THE INTERIOR permissions for data access and system Office may not conduct an effective functionality. search, and your request may be denied Fish and Wildlife Service 3. Data exchanges are done via secure due to lack of specificity or lack of [FWS–R8–ES–2019–N082; file transfer protocol (SFTP); and the compliance with regulations. FXES11130800000–190–FF08E00000] servers and mainframes used employ Federal Information Processing CONTESTING RECORD PROCEDURES: Endangered and Threatened Species; Standards (FIPS) 199 moderate security The Department’s rules for contesting Receipt of Recovery Permit categorization controls. OSFAM contents of records and appealing initial Applications personnel work closely with system denials appear in 24 CFR part 16, AGENCY: Fish and Wildlife Service, security administrators, network and Implementation of the Privacy Act of Interior. project security personnel to ensure the 1974. Additional assistance may be integrity of data exchanges. obtained by contacting John Bravacos, ACTION: Notice of receipt of permit Physical Senior Agency Official for Privacy, 451 applications; request for comments. 1. Access to data centers are Seventh Street SW, Room 10139, SUMMARY: controlled using an electromagnetic We, the U.S. Fish and Washington, DC 20410, or the HUD Wildlife Service, have received badge and/or biometric access system Departmental Privacy Appeals Officers, which maintains information such as applications for permits to conduct Office of General Counsel, Department activities intended to enhance the employee names, ID numbers, access of Housing and Urban Development, badge numbers, issue date of the access propagation or survival of endangered 451 Seventh Street SW, Room 10110, or threatened species under the badge, as well as what areas the Washington, DC 20410. employee is authorized to access. Endangered Species Act. We invite the 2. Each system logs the date, time, NOTIFICATION PROCEDURES: public and local, State, Tribal, and and location of each entry into the data Individuals seeking notification of Federal agencies to comment on these center. Physical access is further and access to any record contained in applications. Before issuing any of the restricted only to authorized personnel this system of records, or seeking to requested permits, we will take into and other approved individuals contest its content, may submit a consideration any information that we according to their job functions. The request in writing to the Privacy Office receive during the public comment systems are used to generate access at the address provided above or to the period. badges used at each data center entrance component’s FOIA Officer, whose DATES: We must receive your written where a badge reader is installed. Each contact information can be found at comments on or before August 5, 2019. badge reader stores an access list in http://www.hud.gov/foia under ADDRESSES: Document availability and memory. If a connection between a ‘‘contact.’’ If an individual believes comment submission: Submit requests badge reader and the master server more than one component maintains for copies of the applications and supporting the card key system is Privacy Act records concerning him or related documents and submit any severed, the badge readers will still her, the individual may submit the comments by one of the following limit access using the access list stored request to the Senior Agency Official for methods. All requests and comments in memory. Privacy, HUD, 451 Seventh Street SW, should specify the applicant name(s) 3. A Facilities Manager performs a Room 10139, Washington, DC 20410. and application number(s) (e.g., monthly review of entry logs at each EXEMPTIONS PROMULGATED FOR THE SYSTEM: TEXXXXXX). data center to ensure access is • Email: [email protected]. appropriate. Any unusual activities are None. • U.S. Mail: Daniel Marquez, investigated and resolved. HISTORY: Endangered Species Program Manager, RECORD ACCESS PROCEDURES: Amendment—Asset Disposition and U.S. Fish and Wildlife Service, Region For Information, assistance, or Management System HSNG.SF/HUF.01, 8, 2800 Cottage Way, Room W–2606, inquiries about records, contact John 81 FR 55477; Published in the Federal Sacramento, CA 95825. Bravacos, Senior Agency Official for Register—August 19, 2016. FOR FURTHER INFORMATION CONTACT: Privacy, 451 Seventh Street SW, Room Amendment—Asset Disposition and Daniel Marquez, via phone at 760–431– 10139, Washington, DC 20410, Management System HSNG.SF/HUF.01, 9440, via email at [email protected], telephone number (202) 708–3054. 79 FR 10825; Published in the Federal or via the Federal Relay Service at 1– When seeking records about yourself Register—February 26, 2014 (note: 800–877–8339 for TTY assistance. from this system of records or any other Changed coding structure). SUPPLEMENTARY INFORMATION: We, the HUD system of records, your request Amendment—Asset Disposition and U.S. Fish and Wildlife Service, invite must conform with the Privacy Act Management System HUD/HS–58, 77 the public to comment on applications regulations set forth in 24 CFR part 16. FR 41993; Published in the Federal for permits under section 10(a)(1)(A) of You must first verify your identity, by Register—July 17, 2012. the Endangered Species Act, as providing your full name, address, and Initial—Asset Disposition and amended (ESA; 16 U.S.C. 1531 et seq.). date and place of birth. You must sign Management System HUD/HS–58, 73 The requested permits would allow the

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

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

TE–12069D ...... Ryan Layden, Ocean- • Conservancy fairy shrimp (Branchinecta CA Survey ...... Survey, capture, han- New. side, California. conservatio),. dle, release, and collect vouchers. • Longhorn fairy shrimp (Branchinecta longiantenna),. • San Diego fairy shrimp (Branchinecta sandiegonensis),. • Riverside fairy shrimp (Streptocephalus woottoni),. • Vernal pool tadpole shrimp (Lepidurus packardi). TE–122026 ...... Tracy Bailey, • San Bernardino Merriam’s kangaroo rat CA Survey ...... Capture, handle, and Renew. Ridgecrest, Cali- (Dipodomys merriami parvus),. release. fornia. • Stephens’ kangaroo rat (Dipodomys stephensi),. • Pacific pocket mouse (Perognathus longimembris pacificus),. • Morro Bay kangaroo rat (Dipodomys heermanni morroensis). TE–41340D ...... Ariana Rogers, San • California tiger salamander (Santa Bar- CA Survey ...... Capture, handle, and New. Leandro, California. bara County and Sonoma County Distinct release. Population Segment (DPS)) (Ambystoma californiense). TE–191704 ...... Dana Terry, Pleasant • Conservancy fairy shrimp (Branchinecta CA Survey ...... Survey, capture, han- Renew and Hill, California. conservatio),. dle, release, and Amend. collect vouchers. • Longhorn fairy shrimp (Branchinecta longiantenna),. • San Diego fairy shrimp (Branchinecta sandiegonensis),. • Riverside fairy shrimp (Streptocephalus woottoni),. • Vernal pool tadpole shrimp (Lepidurus packardi),. • California tiger salamander (Santa Bar- bara County and Sonoma County Distinct Population Segment (DPS)) (Ambystoma californiense). TE–808241 ...... Sonoma County • California tiger salamander (Sonoma CA Survey ...... Capture, handle, and Renew. Water Agency, County Distinct Population Segment release. Santa Rosa, Cali- (DPS)) (Ambystoma californiense). fornia. • California freshwater shrimp (Syncaris pacifica). TE–42300D ...... Kelli Camara, Soquel, • California tiger salamander (Santa Bar- CA Survey, restore habi- Capture, handle, relo- New. California. bara County and Sonoma County Distinct tat, collect genetic cate, release, swab, Population Segment (DPS)) (Ambystoma data. and collect tissue. californiense). • Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum). TE–811188 ...... Resource Conserva- • Tidewater goby (Eucyclogobius newberryi) CA Survey ...... Capture, handle, and Renew. tion District of the release. Santa Monica Mountains, Topanga, California. TE–820658 ...... AECOM Technical • Conservancy fairy shrimp (Branchinecta CA Survey and nest mon- Capture, handle, re- Renew and Services, San conservatio),. itor. lease, and monitor amend. Diego, California. nests. • Longhorn fairy shrimp (Branchinecta longiantenna),.

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

• San Diego fairy shrimp (Branchinecta sandiegonensis),. • Riverside fairy shrimp (Streptocephalus woottoni),. • Vernal pool tadpole shrimp (Lepidurus packardi),. • California tiger salamander (Santa Bar- bara County and Sonoma County Distinct Population Segment (DPS)) (Ambystoma californiense),. • Southwestern willow flycatcher (Empidonax traillii extimus),. • Least Bell’s vireo (Vireo belli pusillus),. • California least tern (Sternula antillarum browni) (Sterna a. browni),. • Quino checkerspot butterfly (Euphydryas editha quino). • Pacific pocket mouse (Perognathus longimembris pacificus),. • Tipton kangaroo rat (Dipodomys nitratoides nitratoides),. • Giant kangaroo rat (Dipodomys ingens),. • Unarmored threespine stickleback (Gasterosteus aculeatus williamsoni),. • Light-footed clapper rail (light-footed Ridgway’s r.) (Rallus longirostris levipes) (R. obsoletus l.). TE–027427 ...... Jeff Alvarez, Sac- • California tiger salamander (Sonoma CA Survey, research, and Capture, handle, re- Renew. ramento, California. County Distinct Population Segment conduct educational lease, collect (DPS)) (Ambystoma californiense). workshops. vouchers, and col- lect tissue. • Conservancy fairy shrimp (Branchinecta conservatio),. • Longhorn fairy shrimp (Branchinecta longiantenna),. • San Diego fairy shrimp (Branchinecta sandiegonensis),. • Riverside fairy shrimp (Streptocephalus woottoni),. • Vernal pool tadpole shrimp (Lepidurus packardi). TE–64124A ...... Sean Rowe, Weldon, • Southwestern willow flycatcher CA Survey ...... Survey ...... Renew. California. (Empidonax traillii extimus). TE–63440B ...... Daniel Thompson, • Mount Charleston blue butterfly (Icaricia NV Genetics research ..... Capture, handle, col- Renew and Las Vegas, Nevada. (Plebejus) shasta charlestonensis). lect tissue, collect Amend. vouchers, and re- lease. TE–181714 ...... Pieter Johnson, Boul- • California tiger salamander (Santa Bar- CA Ecological and dis- Capture, handle, Amend. der, Colorado. bara County and Sonoma County Distinct ease research; swab, and release. Population Segment (DPS)) (Ambystoma invasive species californiense). control; pond drain- ing. TE–844645 ...... Richard Kann, • Quino checkerspot butterfly (Euphydryas CA Survey ...... Capture, handle, and Renew. Sunland, California. editha quino),. release. • Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis). • Palos Verdes blue butterfly (Glaucopsyche lygdamus palosverdesensis). • Casey’s June Beetle (Dinacoma caseyi). TE–049175 ...... Melanie Dicus, Black • Quino checkerspot butterfly (Euphydryas CA Survey ...... Survey ...... Renew. Canyon City, Ari- editha quino),. zona. • Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis). TE–092622 ...... Gabriel Valdes, Gil- • Southwestern willow flycatcher AZ, CA, Survey ...... Survey ...... Renew. bert, Arizona. (Empidonax traillii extimus). NM, TX

Public Availability of Comments personal identifying information—may as representatives or officials of be made publicly available at any time. organizations or businesses, will be Written comments we receive become While you can request in your comment made available for public disclosure in part of the administrative record that we withhold your personal their entirety. associated with this action. Before identifying information from public including your address, phone number, Next Steps review, we cannot guarantee that we email address, or other personal If we decide to issue permits to any will be able to do so. All submissions identifying information in your of the applicants listed in this notice, from organizations or businesses, and comment, you should be aware that we will publish a notice in the Federal your entire comment—including your from individuals identifying themselves Register.

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Authority 8523; email: [email protected]. Persons submitted to the BLM in response to We publish this notice under section who use a telecommunications device this solicitation of comments. 10(c) of the Endangered Species Act of for the deaf (TDD) may call the Federal Information and data marked 1973, as amended (16 U.S.C. 1531 et Relay Service (FRS) at 1–800–877–8339 confidential will be treated in seq.). to contact Ms. Smeins during normal accordance with the applicable laws business hours. The FRS is available 24 and regulations governing the Angela Picco, hours a day, 7 days a week, to leave a confidentiality of such information or Acting Chief of Ecological Services, Pacific message or question. You will receive a data. A copy of the comments submitted Southwest Region, Sacramento, California. reply during normal business hours. by the public on the EA, FMV, and MER [FR Doc. 2019–14340 Filed 7–3–19; 8:45 am] SUPPLEMENTARY INFORMATION: On for the tract, except those portions BILLING CODE 4333–15–P October 12, 2007, New Elk Coal identified as proprietary and that meet submitted an application to lease 1,279 one of the exemptions in the Freedom acres of Federal coal resources located of Information Act, will be available for DEPARTMENT OF THE INTERIOR in Las Animas County, Colorado. The public inspection at the BLM RGFO at the address listed earlier during regular Bureau of Land Management company put the lease application on hold for several years and is now business hours (8 a.m. to 4:30 p.m. [LLCOF02000 L51100000.GA0000 interested in proceeding with the lease M.D.T.), Monday through Friday. LVEMC18CC500 18X] application. The application is for the Before including your address, phone number, email address, or other Notice of Availability of the Blue and Maxwell coal seams, which personal identifying information in your Environmental Assessment and Notice would be mined by underground comment, you should be aware that of Public Hearing for the New Elk Coal methods. The EA analyzes and discloses your entire comment—including your Company, LLC, Coal Lease-by- the potential direct, indirect and personal identifying information—may Application COC–71978, Las Animas cumulative impacts of leasing of the be made public at any time. While you County, CO proposed 1,279 acres of the Blue and Maxwell seams. The LBA is located at can ask us in your comment to withhold AGENCY: Bureau of Land Management, the New Elk Coal Mine and contains your personal identifying information Interior. approximately 8 million tons of from public review, we cannot ACTION: Notice of availability and public recoverable Federal coal resources. The guarantee that we will be able to do so. hearing. LBA underlies private surface owned by (Authority: 40 CFR 1506.6; 43 CFR 3425.3, 12 individuals and is described as and 3425.4) SUMMARY: In accordance with Federal follows: coal management regulations, the New Jamie E. Connell, Elk Coal Company, LLC (New Elk Coal) Sixth Principal Meridian, Colorado BLM Colorado State Director. Federal Coal Lease-by-Application T. 33 S., R. 67 W., [FR Doc. 2019–14344 Filed 7–3–19; 8:45 am] 1 1 (LBA) Environmental Assessment (EA) sec. 6, lots 2 thru 7, and E ⁄2SW ⁄4; BILLING CODE 4310–JB–P is available for public review and sec. 7, lot 2; sec. 17, E1⁄2NE1⁄4, and NE1⁄4SE1⁄4; comment. The Bureau of Land 1 1 Management (BLM), Royal Gorge Field sec. 18, lots 2 thru 4, and E ⁄2SW ⁄4; DEPARTMENT OF THE INTERIOR sec. 19, lot 1, NW1⁄4NE1⁄4, and NE1⁄4NW1⁄4. Office (RGFO) will hold a public T. 33 S., R. 68 W., Bureau of Land Management hearing to receive comments on the EA, sec. 1, lots 1 and 2, S1⁄2NE1⁄4, and E1⁄2SE1⁄4; Fair Market Value (FMV), and sec. 12, E1⁄2NE1⁄4; Maximum Economic Recovery (MER) of sec. 13, S1⁄2NE1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1⁄4. [LLCOSO01000 L51100000.GA0000.LVEMC18CC400.18X] the coal resources contained in the The areas described contain 1,279.63 proposed New Elk Coal LBA lease tract, acres of Federal coal resources. serial number COC–71978. Notice of Availability of the Draft The EA addresses natural resource, Environmental Assessment and Notice DATES: The public hearing will be held cultural, socioeconomic, environmental, on July 24, 2019, from 6 p.m. to 8 p.m. of Public Hearing for the GCC Energy, and cumulative impacts that would LLC, Coal Lease-by-Application and Mountain Time. Comments should be result from leasing these lands. Two received no later than August 5, 2019. Mine Plan Modification COC–78825, La alternatives are addressed in the EA: Plata County, CO ADDRESSES: The public hearing will be Alternative 1 (Proposed Action): The held at the Mount Carmel Wellness and BLM would lease the tract as requested AGENCY: Bureau of Land Management, Community Center, 911 Robison in the LBA; and Interior. Avenue, Trinidad, Colorado 81082. Alternative 2 (No Action): The BLM ACTION: Notice of availability and public Copies of the EA are available online at would reject or deny the application, hearing. https://go.usa.gov/xENMj and at the and the subsurface Federal coal reserves BLM RGFO, 3028 East Main Street, would be bypassed. SUMMARY: In accordance with Federal Canon City, Colorado 81212. Verbal Through this Notice, the BLM is coal management regulations, the GCC comments related to the New Elk Coal inviting the public to provide comments Energy, LLC, (GCCE) Federal Coal LBA EA, FMV and MER will be regarding the potential environmental Lease-by-Application (LBA) accepted at the public hearing, all other impacts related to the proposed action Environmental Assessment (EA) is comments must be submitted and to submit comments on the EA, available for public review and electronically. Electronic submissions FMV and the MER for the proposed LBA comment. The Bureau of Land may be uploaded at: https://go.usa.gov/ tract. All public comments will receive Management (BLM) Tres Rios Field xENMj. consideration prior to the BLM’s Office (TRFO) will hold a public hearing FOR FURTHER INFORMATION CONTACT: decision regarding the leasing of the to receive comments on the EA, Fair Melissa Smeins, Geologist; BLM RGFO, Federal coal contained in the tract. Market Value (FMV), and Maximum 3028 East Main Street, Canon City, Proprietary information or data Economic Recovery (MER) of the coal Colorado 81212; telephone: 719–269– marked as confidential may be resources contained in the proposed

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Dunn Ranch LBA lease tract, serial up to 12 million tons of combined Sec. 26, N1⁄2NE1⁄4NE1⁄4, SW1⁄4NE1⁄4NE1⁄4, number COC–78825. private and Federal coal would be NW1⁄4NE1⁄4, N1⁄2NW1⁄4, N1⁄2SW1⁄4NW1⁄4, DATES: The public hearing will be held mined, resulting in approximately 20 SE1⁄4SW1⁄4NW1⁄4, and SE1⁄4NW1⁄4; on July 24, 2019, from 5 p.m. to 8 p.m. acres of surface disturbance. An Sec. 27, NE1⁄4NE1⁄4 and SE1⁄4NW1⁄4NE1⁄4. Comments should be received no later engineered, below-grade, steel-lined The area described contains 2,462.07 acres. than August 5, 2019. haulage way called a ‘‘low-cover The EA addresses natural resource, ADDRESSES: The public hearing will be crossing’’ (LCC) would be constructed to held at the Dolores Public Lands Office, connect the LBA to the existing mine. cultural, socioeconomic, environmental, 29211 Highway 184, Dolores, Colorado The LCC would allow underground and cumulative impacts that would 81323. Copies of the EA are available mining equipment to pass beneath East result from leasing and mining these online at https://go.usa.gov/xEKTV, and Alkali Gulch and not emerge to the lands. Two alternatives are addressed in at the BLM Tres Rios Field Office, surface. Surface facilities, operations the EA: located in the Dolores Public Lands and haulage at the existing King II Coal Alternative 1 (Proposed Action): The Office. Verbal comments related to the Mine would not change. BLM would offer the tract for GCCE Coal LBA EA, FMV and MER will About two-thirds of the coal shipped competitive lease as requested in the be accepted at the public hearing; all from the mine is used to fuel cement LBA and issue a lease to the winning other comments must be submitted manufacturing plants controlled by bidder, with OSMRE approving the online at: https://go.usa.gov/xEKTV. GCCE’s parent company, Grupo proposed permit revision and mine plan FOR FURTHER INFORMATION CONTACT: Cementos de Chihuahua. The plants are modification to the lessee; and James Blair, Geologist; BLM Tres Rios located in Arizona, Colorado, New Field Office, 29211 Highway 184, Mexico, and Texas, as well as in Alternative 2 (No Action): The BLM Dolores, Colorado 81323; telephone: Mexico. The excess coal is sold for use would reject or deny the application, 970–882–1135; email: [email protected]. on local scenic railways, home heating and the subsurface Federal coal reserves Persons who use a telecommunications and on the spot market. Coal for cement would be bypassed. If the BLM does not device for the deaf (TDD) may call the plants in Arizona, Texas, and Mexico issue a Federal coal lease, OSMRE’s Federal Relay Service (FRS) at 1–800– and for some spot market buyers is proposed action would be moot. 877–8339 to contact the above initially transported to a railhead in Proprietary information or data individual during normal business Gallup, New Mexico. marked as confidential may be hours. The FRS is available 24 hours a GCCE produces approximately submitted to the BLM in response to day, 7 days a week, to leave a message 600,000 tons of coal each year, shipping this solicitation of comments. or question for the above individual. approximately 80 truckloads of coal per Information and data marked You will receive a reply during normal day with 28.5 tons per load. If the BLM confidential will be treated in business hours. issues the lease, production may accordance with the applicable laws increase to 800,000 tons per year, with SUPPLEMENTARY INFORMATION: The BLM and regulations governing the a shipping increase of 120 truckloads and the Office of Surface Mining, confidentiality of such information or per day. Reclamation and Enforcement (OSMRE) data. A copy of the comments submitted are preparing the EA jointly. In If the proposal is approved, the total by the public on the EA, FMV, and MER accordance with the TRFO Resource mine life at the King II Coal Mine would for the tract, except those portions Management Plan, the BLM will be extended by 22 years (including both consider a lease sale for the lands in the private and Federal coal). identified as proprietary and that meet LBA and, if a lease sale is conducted, The proposed project area is mostly one of the exemptions in the Freedom determine whether or not to approve the split-estate federally owned coal, with of Information Act, will be available for lease. Should the BLM approve and various surface estate owners. The Ute public inspection at the BLM TRFO at issue the lease, OSMRE will review the Mountain Ute Tribe owns the majority the address listed above, during regular proposed permit revision and mining of the surface estate, with private business hours (8 a.m. to 4:30 p.m.), plan modification to mine the leased individuals owning a small portion, as Monday through Friday. Federal coal and provide the Assistant well as one 47-acre parcel of BLM- Before including your address, phone Secretary for Land and Minerals managed land. The lands are in an area number, email address, or other Management (ASLM) a recommendation referred to as the Dunn Ranch in La personal identifying information in your to approve, approve with conditions, or Plata County and described as follows: comment, you should be aware that disapprove the permit revision and New Mexico Principal Meridian, Colorado your entire comment—including your mining plan. The BLM and OSMRE will T. 35 N, R. 11 W, personal identifying information—may issue separate decision documents. be made public at any time. While you On January 10, 2018, GCCE submitted Sec. 18, lots 2 thru 5, 8, 9, and 10, SE1⁄4NW1⁄4, and NE1⁄4SW1⁄4; can ask us in your comment to withhold an application to lease 2,462 acres (as Sec. 19, lots 1, 2, 6, and 7, NE1⁄4NW1⁄4, and your personal identifying information amended) of Federal coal located in La N1⁄2SE1⁄4NW1⁄4. Plata County, Colorado. The application from public review, we cannot T. 35 N, R. 12 W, guarantee that we will be able to do so. is for coal within the Cretaceous Sec. 13, S1⁄2NE1⁄4, SE1⁄4NW1⁄4, S1⁄2SW1⁄4, Menefee Formation, which would be NE1⁄4SE1⁄4, and S1⁄2SE1⁄4; (Authority: 40 CFR 1506.6; 43 CFR 3425.3 mined by underground methods. The Sec. 14, S1⁄2NE1⁄4SW1⁄4, S1⁄2NW1⁄4SW1⁄4, and 3425.4.) EA analyzes and discloses the potential S1⁄2SW1⁄4, S1⁄2NW1⁄4SE1⁄4, and S1⁄2SE1⁄4; 1 1 1 1 Jamie E. Connell, direct, indirect and cumulative impacts Sec. 15, SE ⁄4SW ⁄4 and S ⁄2SE ⁄4; 1 1 1 1 1 of leasing and mining the proposed Sec. 22, N ⁄2NE ⁄4, N ⁄2SW ⁄4NE ⁄4, BLM Colorado State Director. SE1⁄4SW1⁄4NE1⁄4, SE1⁄4NE1⁄4, 2,462-acres of coal. The LBA is located [FR Doc. 2019–14353 Filed 7–3–19; 8:45 am] E1⁄2NE1⁄4NW1⁄4, NE1⁄4SE1⁄4NW1⁄4, and BILLING CODE 4310–JB–P adjacent to the King II Mine and E1⁄2NW1⁄4SE1⁄4; contains an estimated 9.54 million tons Sec. 23, N1⁄2NE1⁄4, SE1⁄4NE1⁄4, N1⁄2NW1⁄4, of recoverable coal reserves, as SE1⁄4SW1⁄4, and SE1⁄4; determined by the BLM. As proposed, Sec. 24, N1⁄2, SW1⁄4 and NW1⁄4SE1⁄4;

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DEPARTMENT OF THE INTERIOR 2019, at https://www.nps.gov/nagpra. Deadlines for submissions and The meeting is open to the public and requests can be found at https:// National Park Service there will be time for public comment. www.nps.gov/nagpra/review/ announcements.htm. Submissions and [NPS–WASO–NAGPRA–27998; General Information _ PPWOCRADN0–PCU00RP16.R50000] requests should be sent to nagpra info@ The Review Committee is responsible nps.gov. Such items are subject to Native American Graves Protection for monitoring the NAGPRA inventory posting on the National NAGPRA and Repatriation Review Committee and identification process; reviewing Program website prior to the meeting. Notice of Public Meeting and making findings related to the Public Disclosure of Comments: identity or cultural affiliation of cultural Before including your address, AGENCY: National Park Service, Interior. items, or the return of such items; telephone number, email address, or ACTION: Meeting notice. facilitating the resolution of disputes; other personal identifying information compiling an inventory of culturally in your comments, you should be aware SUMMARY: The National Park Service is unidentifiable human remains that are hereby giving notice that the Native that your entire comment—including in the possession or control of each your personal identifying information— American Graves Protection and Federal agency and museum, and Repatriation Review Committee (Review may be made publicly available at any recommending specific actions for time. While you can ask us in your Committee) will meet as indicated developing a process for disposition of below. comment to withhold your personal such human remains; consulting with identifying information from public DATES: The Review Committee will meet Indian tribes and Native Hawaiian review, we cannot guarantee that we on August 21–22, 2019, from 8:30 a.m. organizations and museums on matters will be able to do so. until approximately 5 p.m. in Fairbanks, affecting such tribes or organizations Alaska. lying within the scope of work of the Authority: 5 U.S.C. Appendix 2; 25 U.S.C. 3006. ADDRESSES: The Review Committee will Review Committee; consulting with the meet in the Arnold Espe Multimedia Secretary of the Interior on the Alma Ripps, Auditorium, University of Alaska development of regulations to carry out Chief, Office of Policy. Museum of the North, 1962 Yukon NAGPRA; and making [FR Doc. 2019–14354 Filed 7–3–19; 8:45 am] recommendations regarding future care Drive, Fairbanks, AK 99775. Electronic BILLING CODE 4312–52–P submissions of materials or requests are of repatriated cultural items. The to be sent to [email protected]. Review Committee’s work is carried out during the course of meetings that are FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR open to the public. Melanie O’Brien, Designated Federal The Review Committee is soliciting Office of Surface Mining Reclamation Officer, National Native American presentations from Indian tribes, Native and Enforcement Graves Protection and Repatriation Act Hawaiian organizations, museums, and Program (2253), National Park Service, Federal agencies on the following two [S1D1S SS08011000 SX064A000 telephone (202) 354–2201, or email topics: (1) The progress made, and any 190S180110; S2D2S SS08011000 SX064A00 _ 19XS501520] nagpra [email protected]. barriers encountered, in implementing SUPPLEMENTARY INFORMATION: The NAGPRA and (2) the outcomes of Notice of Record of Decision for the Review Committee was established in disputes reviewed by the Review Coal Hollow Mine Mining Plan section 8 of the Native American Graves Committee pursuant to 25 U.S.C. 3006 Protection and Repatriation Act of 1990 (c)(4). The Review Committee also will AGENCY: Office of Surface Mining (NAGPRA). Information about consider other presentations from Reclamation and Enforcement, Interior. NAGPRA, the Review Committee, and Indian tribes, Native Hawaiian ACTION: Notice of record of decision. Review Committee meetings is available organizations, museums, Federal on the National NAGPRA Program agencies, associations, and individuals. SUMMARY: The Office of Surface Mining website at https://www.nps.gov/nagpra. A presentation request must, at Reclamation and Enforcement (OSMRE) Purpose of the Meeting: The agenda minimum, include an abstract of the announces its decision to adopt the will include a report from the National presentation and contact information for Bureau of Land Management’s (BLM) NAGPRA Program; the discussion of the the presenter(s). Written comments will Final Environmental Impact Statement Review Committee Report to Congress; be accepted from any party and (FEIS) for the Alton Coal Tract Lease by subcommittee reports and discussion; provided to the Review Committee. Application at the Coal Hollow Mine and other topics related to the Review The Review Committee will consider located in Kane County, UT. In Committee’s responsibilities under requests for a recommendation to the accordance with Section 102 of the section 8 of NAGPRA; and public Secretary of the Interior that an agreed- National Environmental Policy Act of comments. In addition, the agenda may upon disposition of Native American 1969 (NEPA), the Council on include requests to the Review human remains proceed. A disposition Environmental Quality’s (CEQ) Committee for a recommendation to the request must include specific regulations implementing NEPA, and Secretary of the Interior that an agreed- information and, as applicable, ancillary other applicable authorities, OSMRE has upon disposition of Native American materials. For details on the required conducted an independent review and human remains proceed; and information go to https://www.nps.gov/ evaluation of the BLM’s FEIS for the presentations by Indian tribes, Native nagpra/Review. Alton Coal Tract Lease by Application Hawaiian organizations, museums, Contact the Designated Federal at the Coal Hollow Mine dated July Federal agencies, associations, and Officer to discuss requests for findings 2018. individuals. Presentation to the Review of fact related to the identity or cultural As a cooperating agency with Committee by telephone may be affiliation of human remains or other responsibility for the Federal Lands requested but is not guaranteed. The cultural items, or the return of such Program and the preparation of mining agenda and materials for this meeting items; or requests to facilitate the plan decision documents for review by will be posted on or before July 22, resolution of disputes. the Assistant Secretary for Land and

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Minerals Management (ASLM), OSMRE reviewed the FEIS in its entirety for Repatriation Act of 1990, as amended, provided subject matter expertise to the adoption and determined the analysis to (25 U.S.C. 3001–3013), and all BLM during the environmental review be sufficient. Any future mining plan applicable laws, regulations, and process. Based on its independent decisions within the Alternative K1 Executive Orders relating to review and evaluation, OSMRE has lease area would be subject to re- Environmental Justice (E.O. 12898), determined the FEIS, including all evaluation under NEPA. Sacred Sites (E.O. 13007), and Tribal supporting documentation, as It is OSMRE’s decision to adopt the Consultation (E.O. 13175). incorporated by reference, adequately BLM Kanab Field Office ‘‘Alton Coal II. Alternatives assesses and discloses the Tract Lease by Application’’ FEIS environmental impacts for the mining (2018), as allowed under 40 CFR 1506.3. The analysis in the FEIS considers plan, and that adoption of the 2018 FEIS Consistent with the BLM decision, direct, indirect, and cumulative impacts by OSMRE is authorized. Accordingly, OSMRE is selecting Alternative K1, as of the Proposed Action and three OSMRE adopts the 2018 FEIS, and takes described in the FEIS (Section 2.5), Alternatives. Alternatives for the Project full responsibility for the scope and based on the agencies’ consideration of: that were analyzed in the FEIS include: content that addresses the proposed The purpose and need for the action; the (a) Alternative A—No Action mining plan at Coal Hollow Mine. issues; current policies and regulations; Alternative: This Alternative was ADDRESSES: Documents are available on the analysis of alternatives contained in identified by OSMRE as the OSMRE’s website: https:// the FEIS; public comments received and environmentally preferable Alternative. www.wrcc.osmre.gov/initiatives/ other information in the project record. Even though this is the No Action coalHollowMine.shtm. Alternative K1 as analyzed in the Alternative, currently permitted mining FEIS would add 2,114 acres of which on private lands adjacent to the lease FOR FURTHER INFORMATION CONTACT: approximately 1,227 acres are federal would continue to mine approximately Gretchen Pinkham, OSMRE Project surface and mineral estate and 887 acres 5 million short tons of recoverable coal Manager, at 303–293–5088 or by email are split estate (private surface and from approximately 635 acres. at [email protected]. Persons who federal mineral estate) for surface and (b) Alternative B—Proposed Action: use a telecommunications device for the underground mining activities. Under Under the Proposed Action, the lease deaf may call the Federal Information Alternative K1, the lease to be mined would encompass approximately 3,576 Relay Service (FIRS) at 1–800–877–8339 contains approximately 40.9 million acres of which approximately 2,280 to contact the above individual during tons of coal and an estimated 30.8 acres are federal surface and mineral normal business hours. The FIRS is million tons of coal will be recoverable. estate and 1,296 acres are split estate; available 24 hours a day, 7 days a week, The lease would produce approximately private surface estate and federal to leave a message or question with the 2 million tons per year and mining mineral estate. The Proposed Action above individual. You will receive a operations would be extended by would include approximately 44.9 reply during normal business hours. approximately 16 years. million tons of recoverable coal to be SUPPLEMENTARY INFORMATION: The BLM and OSMRE, in consultation mined over 25 years at a rate of I. Background on the Project with the Utah State Historic approximately 2 million tons per year. II. Alternatives Preservation Office, developed a (c) Alternative C—Reduced Tract III. Environmental Impact Analysis programmatic agreement (Appendix N Acreage and Seasonal Restrictions: IV. Decision of the FEIS) pursuant to 36 CFR 800.14 Under Alternative C, the lease would be that would provide for a comprehensive modified to exclude Block NW and I. Background on the Project consideration of possible effects to certain mining activities in the south As established by the Mineral Leasing historic properties in compliance with portion of the lease (Block S) would be Act (MLA) of 1920, the Surface Mining Section 106 of the National Historic subject to seasonal restrictions to reduce Control and Reclamation Act (SMCRA) Preservation Act (NHPA) of 1966, as impacts to the local Greater Sage-Grouse of 1977, as amended (30 U.S.C. 1201– amended (54 U.S.C. 300101–307108). population. The modified lease would 1328), and the Cooperative Agreement Consultations with Native American encompass approximately 3,173 acres of between the State of Utah and the Tribes are being conducted in which approximately 2,280 acres are Secretary of the U.S. Department of the accordance with DOI policy. federal surface and mineral estate and Interior (DOI) in accordance with As part of its consideration of impacts 893 acres are split estate. The modified Section 523(c) of SMCRA (30 U.S.C. of the proposed Project on threatened lease area would contain 39.2 million 1273(c)), Alton Coal Development, LLC and endangered species, OSMRE tons of recoverable coal to be mined Permit Application Package (PAP) (also completed the Section 7 consultation over 21 years at a rate of 2 million tons referred to as LBA Block 1) must be process under the Endangered Species per year. reviewed by OSMRE and a mining plan Act (ESA) of 1973, utilizing the BLM’s (d) Alternative K1—Preferred approved by the ASLM before Alton previous consultation completed on Alternative: Under Alternative K1, the Coal Development, LLC may October 6, 2017 and came to a finding lease would be modified to exclude significantly disturb the environment in of no effect for the Ute ladies’-tresses, Block NW and Block S. The lease would order to develop the Federal Coal Lease pursuant to Section 7 of ESA, as add 2,114 acres of which approximately UTU–081895. The Utah Division of Oil, amended (16 U.S.C. 1531 et seq.) and its 1,227 acres are federal surface and Gas and Mining (DOGM) is the SMCRA implementing regulations. mineral estate and 887 acres are split regulatory authority principally In addition to compliance with NEPA, estate (private surface and federal responsible for reviewing and approving NHPA Section 106, and ESA Section 7, mineral estate) for surface and PAPs. Under the MLA, OSMRE is all Federal actions will be in underground mining activities. responsible for making a compliance with applicable Approximately 30.8 million tons of coal recommendation to the ASLM about requirements of the SMCRA, the Clean will be recoverable to be mined over 16 whether the proposed mining plan Water Act (33 U.S.C. 1251–1387), the years at a rate of 2 million tons per year. modification should be approved, Clean Air Act of 1970, as amended (42 A wide range of additional disapproved, or approved with U.S.C. 7401–7671q), the Native Alternatives were considered by conditions (30 CFR 746). OSMRE has American Graves Protection and OSMRE but not carried forward for

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detailed analysis in the FEIS. The that were considered but not carried States International Trade Commission following Alternatives were not forward for detailed analysis are listed (‘‘Commission’’) determines, pursuant analyzed in the FEIS (Section 2.7) below (FEIS Section 2.7). to the Tariff Act of 1930 (‘‘the Act’’), because they either did not meet the • Kanab Field Office Route 116 that an industry in the United States is purpose and need of the Project or were Relocation Options materially injured by reason of imports not considered technically feasible or • Other Roads In The Tract of quartz surface products from China, economically feasible or cost-effective: • Power Generation Options provided for in subheading 6810.99.00 • Alternative D: Alton Coal of the Harmonized Tariff Schedule of III. Environmental Impact Analysis Development’s Original Lease By the United States, that have been found Application Submittal The FEIS analyzes the potential by the U.S. Department of Commerce • Alternative E: No Surface Mining environmental impacts to 16 different (‘‘Commerce’’) to be sold in the United • Alternative F: Postpone Leasing resource categories, including: States at less than fair value (‘‘LTFV’’), Decision Until Completion Of The • Air Resources and to be subsidized by the government Kanab Field Office Resource • Paleontology of China.2 Management Plan Revision • Geology and Minerals • Alternative G: Postpone Leasing • Cultural Resources Background Decision Until More Environmentally • Soils The Commission, pursuant to sections Friendly Coal Mining Practices Are • Vegetation 705(b) and 735(b) of the Act (19 U.S.C. Available • Wildlife: Special Status Species 1671d(b) and 19 U.S.C. 1673d(b)), • Alternative H: Construct A Coal-Fired • Wildlife: General instituted these investigations effective Power Plant Next To The Tract • Hazardous Materials and Hazardous • Alternative I: Promote The and Solid Waste April 17, 2018, following receipt of a Development Of Alternative Sources • Water Resources petition filed with the Commission and Of Energy, Natural Gas, And Energy • Livestock Grazing Commerce by Cambria Company LLC, Conservation • Transportation Eden Prairie, Minnesota. The final • Alternative J: Coal Transportation • Land Use and Access phase of the investigations was Alternatives • Recreation scheduled by the Commission following • Alternative K2: Tract Modifications • Socioeconomics notification of preliminary To Address Concerns Related To • Aesthetics Resources determinations by Commerce that Greater Sage-Grouse And Big Game imports of quartz surface products from IV. Decision • Alternative L: Tract Modifications To China were subsidized within the Address Concerns Related To Kanab In consideration of the information meaning of section 703(b) of the Act (19 Creek, Possible Alluvial Valley Floors, presented above, OSMRE approves the U.S.C. 1671b(b)) and sold at LTFV And Other Water Features Record of Decision (ROD) adopting the within the meaning of 733(b) of the Act • Alternative M: Maximize Flexibility BLM Alton Coal Tract Lease by (19 U.S.C. 1673b(b)). Notice of the Of Mining Operations Application FEIS and selects scheduling of the final phase of the • Alternative N: Nitrogen Dioxide Alternative K1 as the Preferred Commission’s investigations and of a Emissions Control Measures Alternative as described in the FEIS public hearing to be held in connection • Alternative O: Restrict Mining (Section 2.5). The BLM included lease therewith was given by posting copies Operations To Daylight Hours stipulations which were outlined in of the notice in the Office of the • Alternative P: Update The KFO RMP Appendix B of BLM’s ROD to minimize Secretary, U.S. International Trade Unsuitability Determinations Based environmental impacts. This action can Commission, Washington, DC, and by On The Analysis In The DEIS And be implemented following approval of publishing the revised notice in the Reconfigure The Tract To Exclude the mining plan modification by the Federal Register on February 12, 2019 These Areas ASLM. (84 FR 3487). The hearing was held in • Alternative Q: Air Quality Protection Authority: 40 CFR 1506.6, 40 CFR 1506.1. Washington, DC, on May 9, 2019, and Alternative Dated: June 25, 2019. all persons who requested the • Alternative R: Restrict Coal Truck opportunity were permitted to appear in David Berry, Traffic After Sunset And Before person or by counsel. Sunrise Regional Director, Regions 5, 7, 8, 9, 10 and The Commission made these • Alternative S: Reconfigure The Tract 11. determinations pursuant to sections To Exclude Cultural Resources Sites [FR Doc. 2019–14333 Filed 7–3–19; 8:45 am] 705(b) and 735(b) of the Act (19 U.S.C. Eligible For The National Register Of BILLING CODE 4310–05–P Historic Places 1671d(b) and 19 U.S.C. 1673d(b)). It • Alternative T: Seasonal Timing completed and filed its determinations Restrictions And Varying Buffer-Size INTERNATIONAL TRADE in these investigations on June 28, 2019. Restrictions For The Tract COMMISSION The views of the Commission are • Alternative U: Alternative Locations contained in USITC Publication 4913 • [Investigation Nos. 701–TA–606 and 731– (June 2019), entitled Quartz Surface Alternative V: Lease All Known TA–1416 (Final)] Recoverable Coal Resources Products from China: Investigation Nos. 701–TA–606 and 731–TA–1416 (Final). Certain components of the federal Quartz Surface Products From China; action would be independent of the Determinations By order of the Commission. elements of any alternative. In the FEIS, On the basis of the record 1 developed these were considered options, any one 2 The Commission also finds that imports subject in the subject investigations, the United of which could be chosen in to Commerce’s affirmative critical circumstances determinations are not likely to undermine combination with any alternative and 1 The record is defined in sec. 207.2(f) of the seriously the remedial effect of the countervailing would not necessitate changes in the Commission’s Rules of Practice and Procedure (19 and antidumping duty orders on quartz surface alternative, or vice versa. Those options CFR 207.2(f)). products from China.

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Dated: June 28, 2019. the Commission determined that it service list), and a certificate of service Lisa Barton, would conduct an expedited review must be timely filed. The Secretary will Secretary to the Commission. pursuant to section 751(c)(3) of the not accept a document for filing without [FR Doc. 2019–14312 Filed 7–3–19; 8:45 am] Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). a certificate of service. For further information concerning BILLING CODE 7020–02–P Determination.—The Commission has the conduct of this review and rules of determined this review is general application, consult the extraordinarily complicated and INTERNATIONAL TRADE Commission’s Rules of Practice and therefore has determined to exercise its COMMISSION Procedure, part 201, subparts A and B authority to extend the review period by (19 CFR part 201), and part 207, up to 90 days pursuant to 19 U.S.C. [Investigation No. 731–TA–1123 (Second subparts A, D, E, and F (19 CFR part 1675(c)(5)(B). Review)] 207). Authority: This review is being conducted Staff report.—A staff report Steel Wire Garment Hangers From under authority of title VII of the Tariff Act containing information concerning the China; Scheduling of an Expedited of 1930; this notice is published pursuant to subject matter of the review will be Five-Year Review section 207.62 of the Commission’s rules. placed in the nonpublic record on July By order of the Commission. AGENCY: United States International 15, 2019, and made available to persons Issued: June 28, 2019. Trade Commission. on the Administrative Protective Order Lisa Barton, ACTION: Notice. service list for this review. A public version will be issued thereafter, Secretary to the Commission. SUMMARY: The Commission hereby gives pursuant to section 207.62(d)(4) of the [FR Doc. 2019–14309 Filed 7–3–19; 8:45 am] notice of the scheduling of an expedited Commission’s rules. BILLING CODE 7020–02–P review pursuant to the Tariff Act of Written submissions.—As provided in 1930 (‘‘the Act’’) to determine whether section 207.62(d) of the Commission’s revocation of the antidumping duty rules, interested parties that are parties INTERNATIONAL TRADE order on steel wire garment hangers to the review and that have provided COMMISSION from China would be likely to lead to individually adequate responses to the [Investigation No. 731–TA–749 (Fourth 2 continuation or recurrence of material notice of institution, and any party Review)] injury within a reasonably foreseeable other than an interested party to the time. review may file written comments with Persulfates From China; Scheduling of DATES: May 7, 2019. the Secretary on what determination the an Expedited Five-Year Review Commission should reach in the review. FOR FURTHER INFORMATION CONTACT: Comments are due on or before July 22, AGENCY: United States International (Calvin Chang (202) 205–3062), Office of 2019 and may not contain new factual Trade Commission. Investigations, U.S. International Trade information. Any person that is neither ACTION: Notice. Commission, 500 E Street SW, a party to the five-year review nor an SUMMARY: The Commission hereby gives Washington, DC 20436. Hearing- interested party may submit a brief notice of the scheduling of an expedited impaired persons can obtain written statement (which shall not review pursuant to the Tariff Act of information on this matter by contacting contain any new factual information) 1930 (‘‘the Act’’) to determine whether the Commission’s TDD terminal on 202– pertinent to the review by July 22, 2019. revocation of the antidumping duty 205–1810. Persons with mobility However, should the Department of order on persulfates from China would impairments who will need special Commerce (‘‘Commerce’’) extend the be likely to lead to continuation or assistance in gaining access to the time limit for its completion of the final Commission should contact the Office results of its review, the deadline for recurrence of material injury within a of the Secretary at 202–205–2000. comments (which may not contain new reasonably foreseeable time. General information concerning the factual information) on Commerce’s DATES: May 7, 2019. Commission may also be obtained by final results is three business days after FOR FURTHER INFORMATION CONTACT: accessing its internet server (https:// the issuance of Commerce’s results. If Stamen Borisson (202–205–3125), Office www.usitc.gov). The public record for comments contain business proprietary of Investigations, U.S. International this review may be viewed on the information (BPI), they must conform Trade Commission, 500 E Street SW, Commission’s electronic docket (EDIS) with the requirements of sections 201.6, Washington, DC 20436. Hearing- at https://edis.usitc.gov. 207.3, and 207.7 of the Commission’s impaired persons can obtain SUPPLEMENTARY INFORMATION: rules. The Commission’s rules with information on this matter by contacting Background.—On May 7, 2019, the respect to filing were revised effective the Commission’s TDD terminal on 202– Commission determined that the July 25, 2014. See 79 FR 35920 (June 25, 205–1810. Persons with mobility domestic interested party group 2014), and the revised Commission impairments who will need special response to its notice of institution (84 Handbook on E-filing, available from the assistance in gaining access to the FR 2245, February 6, 2019) of the Commission’s website at https:// Commission should contact the Office subject five-year review was adequate edis.usitc.gov. of the Secretary at 202–205–2000. and that the respondent interested party In accordance with sections 201.16(c) General information concerning the group response was inadequate. The and 207.3 of the rules, each document Commission may also be obtained by Commission did not find any other filed by a party to the review must be accessing its internet server (https:// circumstances that would warrant served on all other parties to the review www.usitc.gov). The public record for conducting a full review.1 Accordingly, (as identified by either the public or BPI this review may be viewed on the Commission’s electronic docket (EDIS) 1 A record of the Commissioners’ votes, the 2 The Commission has found the response at https://edis.usitc.gov. Commission’s statement on adequacy, and any submitted by M&B Metal Products Company to be SUPPLEMENTARY INFORMATION individual Commissioner’s statements will be individually adequate. Comments from other : available from the Office of the Secretary and at the interested parties will not be accepted (see 19 CFR Background.—On May 7, 2019, the Commission’s website. 207.62(d)(2)). Commission determined that the

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domestic interested party group with the requirements of sections 201.6, to find a violation of section 337. The response to its notice of institution (84 207.3, and 207.7 of the Commission’s Commission is requesting written FR 2252, February 6, 2019) of the rules. The Commission’s rules with submission on remedy, bonding, and subject five-year review was adequate respect to filing were revised effective the public interest. and that the respondent interested party July 25, 2014. See 79 FR 35920 (June 25, FOR FURTHER INFORMATION CONTACT: group response was inadequate. The 2014), and the revised Commission Benjamin S. Richards, Esq., Office of the Commission did not find any other Handbook on E-filing, available from the General Counsel, U.S. International circumstances that would warrant Commission’s website at https:// Trade Commission, 500 E Street SW, conducting a full review.1 Accordingly, edis.usitc.gov. Washington, DC 20436, telephone (202) the Commission determined that it In accordance with sections 201.16(c) 708–5453. Copies of non-confidential would conduct an expedited review and 207.3 of the rules, each document documents filed in connection with this pursuant to section 751(c)(3) of the filed by a party to the review must be investigation are or will be available for Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). served on all other parties to the review inspection during official business For further information concerning (as identified by either the public or BPI hours (8:45 a.m. to 5:15 p.m.) in the the conduct of this review and rules of service list), and a certificate of service Office of the Secretary, U.S. general application, consult the must be timely filed. The Secretary will International Trade Commission, 500 E Commission’s Rules of Practice and not accept a document for filing without Street SW, Washington, DC 20436, Procedure, part 201, subparts A and B a certificate of service. telephone (202) 205–2000. General (19 CFR part 201), and part 207, Determination.—The Commission has information concerning the Commission subparts A, D, E, and F (19 CFR part determined these reviews are may also be obtained by accessing its 207). extraordinarily complicated and internet server at https://www.usitc.gov. Staff report.—A staff report therefore has determined to exercise its The public record for this investigation containing information concerning the authority to extend the review period by may be viewed on the Commission’s subject matter of the review will be up to 90 days pursuant to 19 U.S.C. electronic docket (EDIS) at https:// placed in the nonpublic record on July 1675(c)(5)(B). edis.usitc.gov. Hearing-impaired 9, 2019, and made available to persons Authority: This review is being conducted persons are advised that information on on the Administrative Protective Order under authority of title VII of the Tariff Act this matter can be obtained by service list for this review. A public of 1930; this notice is published pursuant to contacting the Commission’s TDD version will be issued thereafter, section 207.62 of the Commission’s rules. terminal on (202) 205–1810. pursuant to section 207.62(d)(4) of the By order of the Commission. SUPPLEMENTARY INFORMATION: The Commission’s rules. Dated: June 28, 2019. Commission instituted this investigation Written submissions.—As provided in Lisa Barton, on April 10, 2018, based on a complaint section 207.62(d) of the Commission’s filed on behalf of Fraen Corporation Secretary to the Commission. rules, interested parties that are parties (‘‘Fraen’’) of Reading, Massachusetts. 83 to the review and that have provided [FR Doc. 2019–14310 Filed 7–3–19; 8:45 am] FR 15399–15400 (Apr. 10, 2018). The individually adequate responses to the BILLING CODE 7020–02–P complaint alleges violations of section notice of institution,2 and any party 337 of the Tariff Act of 1930, as other than an interested party to the amended, 19 U.S.C. 1337, in the review may file written comments with INTERNATIONAL TRADE COMMISSION importation into the United States, the the Secretary on what determination the sale for importation, or the sale within Commission should reach in the review. [Investigation No. 337–TA–1107] the United States after importation of Comments are due on or before July 15, certain LED lighting devices and 2019 and may not contain new factual Certain LED Lighting Devices and components thereof by reason of information. Any person that is neither Components Thereof; Commission infringement of one or more claims of a party to the five-year review nor an Determination To Review-in-Part an U.S. Patent No. 9,411,083 (‘‘the ’083 interested party may submit a brief Initial Determination Granting patent’’) and U.S. Patent No. 9,772,499 written statement (which shall not Complainant’s Motion for Summary (‘‘the ’499 patent’’). Id. The complaint contain any new factual information) Determination on Violation by further alleges that a domestic industry pertinent to the review by July 15, 2019. Defaulting Respondents; and, on exists. Id. The Commission’s notice of However, should the Department of Review, To Find a Violation of Section investigation named as respondents Commerce (‘‘Commerce’’) extend the 337; Request for Written Submissions Chauvet & Sons, LLC of Sunrise, time limit for its completion of the final on Remedy, Bonding, and the Public Florida; ADJ Products, LLC of Los results of its review, the deadline for Interest Angeles, California; Elation Lighting, comments (which may not contain new AGENCY: U.S. International Trade Inc. of Los Angeles, California; Golden factual information) on Commerce’s Commission. Sea Professional Equipment Co., Ltd. of final results is three business days after ACTION: Notice. Guangdong, China; Artfox USA, Inc. of the issuance of Commerce’s results. If City of Industry, California; Artfox comments contain business proprietary SUMMARY: Notice is hereby given that Electronics Co., Ltd. of Guangdong, information (BPI), they must conform the U.S. International Trade China; Guangzhou Chaiyi Light Co., Ltd. Commission has determined to review- d/b/a Fine Art Lighting Co., Ltd. of 1 A record of the Commissioners’ votes, the in-part an initial determination (‘‘ID’’) Guangdong, China; Guangzhou Xuanyi Commission’s statement on adequacy, and any individual Commissioner’s statements will be (Order No. 21) of the presiding Lighting Co., Ltd. d/b/a XY E-Shine of available from the Office of the Secretary and at the administrative law judge (‘‘ALJ’’) Guangdong, China; Guangzhou Flystar Commission’s website. granting summary determination on Lighting Technology Co., Ltd. of 2 The Commission has found the response violation of section 337 of the Tariff Act Guangdong, China; and Wuxi submitted by PeroxyChem LLC (‘‘PeroxyChem’’), a domestic producer of persulfates, to be individually of 1930, as amended, (‘‘section 337’’) by Changsheng Special Lighting Apparatus adequate. Comments from other interested parties certain defaulting respondents. On Factory d/b/a Roccer of Jiangsu, China. will not be accepted (see 19 CFR 207.62(d)(2)). review, the Commission has determined Id. The Office of Unfair Import

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Investigations (‘‘OUII’’) is also Having examined the record of this Representative, as delegated by the participating in the investigation. Id. investigation, the Commission has President, has 60 days to approve or On June 13, 2018, the ALJ issued an determined to review the ID in part. disapprove the Commission’s action. initial determination terminating Specifically, the Commission has See Presidential Memorandum of July Chauvet & Sons, LLC from the determined to review the ID’s findings 21, 2005, 70 FR 43251 (July 26, 2005). investigation on the basis of a license that Fraen satisfies the economic prong During this period, the subject articles agreement. Order No. 14 at 1 (June 13, of the domestic industry requirement would be entitled to enter the United 2018), unreviewed, Notice (July 9, 2018). under section 337(a)(3)(A) and (C). On States under bond, in an amount On July 12, 2018, the ALJ issued an review, the Commission has determined determined by the Commission and initial determination terminating ADJ to take no position on those issues. prescribed by the Secretary of the Products, LLC and Elation Lighting, Inc. The Commission has further Treasury. The Commission is therefore from the investigation on the basis of a determined not to review the remainder interested in receiving submissions license agreement. Order No. 17 at 1 of the ID, including the ID’s findings concerning the amount of the bond that (July 12, 2018), unreviewed, Notice that Fraen has established infringement should be imposed if a remedy is (Aug. 8, 2018). In the same initial of claim 1 of the ’083 patent and claim ordered. determination, the ALJ terminated 1 of the ’499 patent; that Fraen Written Submissions: Parties to the Golden Sea Professional Equipment Co., established that the importation investigation, interested government Ltd. from the investigation based on the requirement is satisfied as to each agencies, and any other interested provisions of 19 CFR 210.21(a). Id. defaulting respondent and each accused parties are encouraged to file written On July 20, 2018, the ALJ issued an product; that Fraen satisfied the submissions on the issues of remedy, initial determination terminating Artfox technical prong of the domestic industry the public interest, and bonding. Such USA, Inc. from the investigation on the requirement; and that Fraen satisfied the submissions should address the basis of a license agreement. Order No. economic prong of the domestic recommended determination by the ALJ 18 at 1 (July 20, 2018), unreviewed, industry requirement under section on remedy and bonding. Complainant and OUII are also Notice (Aug. 14, 2018). In the same 337(a)(3)(B). Accordingly, the requested to submit proposed remedial initial determination, the ALJ Commission has determined to affirm orders for the Commission’s terminated Artfox Electronics Co., Ltd. with modifications the ID’s finding of consideration. Complainant is also from the investigation based on the violation of section 337. In connection with the final requested to state the date that the provision of 19 CFR 210.21(a). Id. disposition of this investigation, the patents expire, the HTSUS numbers On August 28, 2018, the ALJ issued Commission may issue an order that under which the accused products are an initial determination finding the could result in the exclusion of the imported, and to supply the names of remaining respondents in default for subject articles from entry into the known importers of the products at failure to respond to the complaint, United States. Accordingly, the issue in this investigation. The written notice of investigation, and her order to Commission is interested in receiving submissions and proposed remedial show cause. Order No. 20 at 2 (Aug. 28, written submissions that address the orders must be filed no later than close 2018), unreviewed, Notice (Sep. 17, form of remedy, if any, that should be of business on July 15, 2019. Reply 2018). ordered. If a party seeks exclusion of an submissions must be filed no later than On September 14, 2018, Fraen moved article from entry into the United States the close of business on July 22, 2019. for summary determination of violation for purposes other than entry for No further submissions on these issues of section 337 by the defaulting consumption, the party should so will be permitted unless otherwise respondents. In addition, Fraen indicate and provide information ordered by the Commission. requested a recommended establishing that activities involving Persons filing written submissions determination for the Commission to other types of entry either are adversely must file the original document issue a general exclusion order and set affecting it or likely to do so. For electronically on or before the deadlines a bond in the amount of 100 percent of background, see Certain Devices for stated above and submit eight true paper entered value. On September 28, 2018, Connecting Computers via Telephone copies to the Office of the Secretary OUII filed a response in support of Lines, Inv. No. 337–TA–360, USITC pursuant to Section 210.4(f) of the Fraen’s motion and requested remedy. Pub. No. 2843, Comm’n Op. at 7–10 Commission’s Rules of Practice and On May 16, 2019, the ALJ issued the (Dec. 1994). Procedure (19 CFR 210.4(f)). subject ID granting Fraen’s motion for If the Commission contemplates some Submissions should refer to the summary determination of violation of form of remedy, it must consider the investigation number (‘‘Inv. No. 337– section 337 by the defaulting effects of that remedy upon the public TA–1107’’) in a prominent place on the respondents. Specifically, the ALJ interest. The factors the Commission cover page and/or the first page. (See found, inter alia, that Fraen established will consider include the effect that an Handbook on Filing Procedures, https:// infringement of claim 1 of the ’083 exclusion order and/or cease and desist www.usitc.gov/documents/handbook_ patent and claim 1 of the ’499 patent; orders would have on (1) the public on_filing_procedures.pdf). Persons with that Fraen established that the health and welfare, (2) competitive questions regarding filing should importation requirement is satisfied as conditions in the U.S. economy, (3) U.S. contact the Secretary at (202) 205–2000. to each defaulting respondent and each production of articles that are like or Any person desiring to submit a accused product; and that Fraen directly competitive with those that are document to the Commission in satisfied both the technical and subject to investigation, and (4) U.S. confidence must request confidential economic prongs of the domestic consumers. The Commission is treatment unless the information has industry requirement. The ALJ’s ID also therefore interested in receiving written already been granted such treatment included her recommendation that the submissions that address the during the proceedings. All such Commission issue a general exclusion aforementioned public interest factors requests should be directed to the order and impose a 100 percent bond in the context of this investigation. Secretary of the Commission and must during the period of presidential review. If the Commission orders some form include a full statement of the reasons No petitions for review were filed. of remedy, the U.S. Trade why the Commission should grant such

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treatment. See 19 CFR 210.6. Documents 2019. The complaint alleges violations violation of subsection (a)(1)(B) of for which confidential treatment by the of section 337 based upon the section 337 in the importation into the Commission is sought will be treated importation into the United States, the United States, the sale for importation, accordingly. A redacted non- sale for importation, and the sale within or the sale within the United States after confidential version of the document the United States after importation of importation of certain products must also be filed simultaneously with certain reload cartridges for identified in paragraph (2) by reason of any confidential filing. All information, laparoscopic surgical staplers by reason infringement of one or more of claims including confidential business of infringement of certain claims of U.S. 1–3 of the ’379 patent; claims 22–23 of information and documents for which Patent No. 9,844,379 (‘‘the ’379 patent’’); the ’369 patent; claim 1 of the ’749 confidential treatment is properly U.S. Patent No. 9,844,369 (‘‘the ’369 patent; claim 24 of the ’969 patent; and sought, submitted to the Commission for patent’’); U.S. Patent No. 7,490,749 (‘‘the claim 19 of the ’874 patent; and whether purposes of this Investigation may be ’749 patent’’); U.S. Patent No. 8,479,969 an industry in the United States exists disclosed to and used: (i) By the (‘‘the ’969 patent’’); and U.S. Patent No. as required by subsection (a)(2) of Commission, its employees and Offices, 9,113,874 (‘‘the ’874 patent’’). The section 337; and contract personnel (a) for complaint further alleges that an (2)) Pursuant to section 210.10(b)(1) of developing or maintaining the records industry in the United States exists as the Commission’s Rules of Practice and of this or a related proceeding, or (b) in required by the applicable Federal Procedure, 19 CFR 210.10(b)(1), the internal investigations, audits, reviews, Statute. plain language description of the and evaluations relating to the The complainants request that the accused products or category of accused programs, personnel, and operations of Commission institute an investigation products, which defines the scope of the the Commission including under 5 and, after the investigation, issue a investigation, is ‘‘stapler reload U.S.C. Appendix 3; or (ii) by U.S. limited exclusion order and cease and cartridges for surgical instruments used government employees and contract desist orders. in laparoscopic surgical procedures to personnel,1 solely for cybersecurity ADDRESSES: The complaint, except for both cut and staple tissue’’; purposes. All non-confidential written any confidential information contained (3) For the purpose of the submissions will be available for public therein, is available for inspection investigation so instituted, the following inspection at the Office of the Secretary during official business hours (8:45 a.m. are hereby named as parties upon which and on EDIS. to 5:15 p.m.) in the Office of the this notice of investigation shall be The authority for the Commission’s Secretary, U.S. International Trade served: determination is contained in section Commission, 500 E Street, SW, Room (a) The complainant are: 337 of the Tariff Act of 1930, as 112, Washington, DC 20436, telephone Ethicon LLC, 475 Street C, Los Frailes amended, 19 U.S.C. 1337, and in Part (202) 205–2000. Hearing impaired Industrial Park, Guaynabo, PR 00969 210 of the Commission’s Rules of individuals are advised that information Ethicon Endo-Surgery, Inc., 4545 Creek Practice and Procedure, 19 CFR part on this matter can be obtained by Road, Cincinnati, OH 45242 210. contacting the Commission’s TDD Ethicon US, LLC, 4545 Creek Road, By order of the Commission. terminal on (202) 205–1810. Persons Cincinnati, OH 45242 Issued: June 28, 2019. with mobility impairments who will (b) The respondents are the following need special assistance in gaining access entities alleged to be in violation of Lisa Barton, to the Commission should contact the section 337, and are the parties upon Secretary to the Commission. Office of the Secretary at (202) 205– which the complaint is to be served: [FR Doc. 2019–14269 Filed 7–3–19; 8:45 am] 2000. General information concerning Intuitive Surgical Inc., 1020 Kifer Road, BILLING CODE 7020–02–P the Commission may also be obtained Building 101, Sunnyvale, CA 94086 by accessing its internet server at Intuitive Surgical Operations, Inc., 1020 https://www.usitc.gov. The public INTERNATIONAL TRADE Kifer Road, Sunnyvale, CA 94086 record for this investigation may be Intuitive Surgical Holdings, LLC, COMMISSION viewed on the Commission’s electronic Circuito Internacional Sur #21–A, [Investigation No. 337–TA–1167] docket (EDIS) at https://edis.usitc.gov. Parque Industrial Nelson, Carretera A FOR FURTHER INFORMATION CONTACT: San Luis R.c., Km 14, Mexicali Baja Certain Reload Cartridges for Katherine Hiner, Office of the Secretary, California, Mexico 21397; and Laparoscopic Surgical Staplers; Docket Services Division, U.S. (4) For the investigation so instituted, Institution of Investigation International Trade Commission, the Chief Administrative Law Judge, AGENCY: U.S. International Trade telephone (202) 205–1802. U.S. International Trade Commission, Commission. SUPPLEMENTARY INFORMATION: shall designate the presiding Administrative Law Judge. ACTION: Notice. Authority: The authority for institution of this investigation is contained in section 337 The Office of Unfair Import SUMMARY: Notice is hereby given that a of the Tariff Act of 1930, as amended, 19 Investigations will not participate as a complaint was filed with the U.S. U.S.C. 1337, and in section 210.10 of the party in this investigation. International Trade Commission on May Commission’s Rules of Practice and Responses to the complaint and the Procedure, 19 CFR 210.10 (2019). 30, 2019, under section 337 of the Tariff notice of investigation must be Act of 1930, as amended, on behalf of Scope of Investigation: Having submitted by the named respondents in Ethicon LLC of Guaynabo, PR; Ethicon considered the complaint, as accordance with section 210.13 of the Endo-surgery, Inc. of Cincinnati, Ohio; supplemented, the U.S. International Commission’s Rules of Practice and and Ethicon US, LLC of Cincinnati, Trade Commission, on June 28, 2019, Procedure, 19 CFR 210.13. Pursuant to Ohio. Letters supplementing the ordered that— 19 CFR 201.16(e) and 210.13(a), such complaint were filed on June 7 and 17, (1) Pursuant to subsection (b) of responses will be considered by the section 337 of the Tariff Act of 1930, as Commission if received not later than 20 1 All contract personnel will sign appropriate amended, an investigation be instituted days after the date of service by the nondisclosure agreements. to determine whether there is a Commission of the complaint and the

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notice of investigation. Extensions of Commission may also be obtained by 2019. However, should the Department time for submitting responses to the accessing its internet server (https:// of Commerce (‘‘Commerce’’) extend the complaint and the notice of www.usitc.gov). The public record for time limit for its completion of the final investigation will not be granted unless these reviews may be viewed on the results of its reviews, the deadline for good cause therefor is shown. Commission’s electronic docket (EDIS) comments (which may not contain new Failure of a respondent to file a timely at https://edis.usitc.gov. factual information) on Commerce’s response to each allegation in the SUPPLEMENTARY INFORMATION: final results is three business days after complaint and in this notice may be Background.—On May 7, 2019, the the issuance of Commerce’s results. If deemed to constitute a waiver of the Commission determined that the comments contain business proprietary right to appear and contest the domestic interested party group information (BPI), they must conform allegations of the complaint and this response to its notice of institution (84 with the requirements of sections 201.6, notice, and to authorize the FR 2249, February 6, 2019) of the 207.3, and 207.7 of the Commission’s Administrative Law Judge and the subject five-year reviews was adequate rules. The Commission’s rules with Commission, without further notice to and that the respondent interested party respect to filing were revised effective the respondent, to find the facts to be as group response was inadequate. The July 25, 2014. See 79 FR 35920 (June 25, alleged in the complaint and this notice Commission did not find any other 2014), and the revised Commission and to enter an initial determination circumstances that would warrant Handbook on E-filing, available from the and a final determination containing conducting full reviews.1 Accordingly, Commission’s website at https:// such findings, and may result in the the Commission determined that it edis.usitc.gov. issuance of an exclusion order or a cease would conduct expedited reviews In accordance with sections 201.16(c) and desist order or both directed against pursuant to section 751(c)(3) of the and 207.3 of the rules, each document the respondent. Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). filed by a party to the reviews must be For further information concerning By order of the Commission. served on all other parties to the reviews Issued: June 28, 2019. the conduct of these reviews and rules (as identified by either the public or BPI of general application, consult the Lisa Barton, service list), and a certificate of service Commission’s Rules of Practice and must be timely filed. The Secretary will Secretary to the Commission. Procedure, part 201, subparts A and B not accept a document for filing without [FR Doc. 2019–14308 Filed 7–3–19; 8:45 am] (19 CFR part 201), and part 207, a certificate of service. BILLING CODE 7020–02–P subparts A, D, E, and F (19 CFR part Determinations.—The Commission 207). has determined these reviews are Staff report.—A staff report extraordinarily complicated and INTERNATIONAL TRADE containing information concerning the therefore has determined to exercise its COMMISSION subject matter of the reviews will be authority to extend the review period by [Investigation Nos. 701–TA–450 and 731– placed in the nonpublic record on July up to 90 days pursuant to 19 U.S.C. TA–1122 (Second Review)] 11, 2019, and made available to persons 1675(c)(5)(B). on the Administrative Protective Order Scheduling of Expedited Five-Year Authority: These reviews are being service list for these reviews. A public conducted under authority of title VII of the Reviews; Laminated Woven Sacks version will be issued thereafter, Tariff Act of 1930; this notice is published From China pursuant to section 207.62(d)(4) of the pursuant to section 207.62 of the Commission’s rules. Commission’s rules. AGENCY: United States International Written submissions.—As provided in By order of the Commission. Trade Commission. section 207.62(d) of the Commission’s ACTION: Notice. rules, interested parties that are parties Issued: June 28, 2019. to these reviews and that have provided Lisa Barton, SUMMARY: The Commission hereby gives individually adequate responses to the Secretary to the Commission. notice of the scheduling of expedited notice of institution,2 and any party [FR Doc. 2019–14311 Filed 7–3–19; 8:45 am] reviews pursuant to the Tariff Act of other than an interested party to these BILLING CODE 7020–02–P 1930 (‘‘the Act’’) to determine whether reviews may file written comments with revocation of the antidumping duty and the Secretary on what determinations countervailing duty orders on laminated the Commission should reach in the DEPARTMENT OF LABOR woven sacks from China would be likely reviews. Comments are due on or before to lead to continuation or recurrence of July 18, 2019 and may not contain new Employment and Training material injury within a reasonably factual information. Any person that is Administration foreseeable time. neither a party to the five-year reviews Agency Information Collection DATES: May 7, 2019. nor an interested party may submit a Activities; Comment Request; Student FOR FURTHER INFORMATION CONTACT: brief written statement (which shall not Safety Assessment of Job Corps Celia Feldpausch 202–205–2387, Office contain any new factual information) Participants of Investigations, U.S. International pertinent to the reviews by July 18, Trade Commission, 500 E Street SW, AGENCY: Employment and Training Washington, DC 20436. Hearing- 1 A record of the Commissioners’ votes, the Administration; Department of Labor. Commission’s statement on adequacy, and any impaired persons can obtain ACTION: Notice of information request; information on this matter by contacting individual Commissioner’s statements will be available from the Office of the Secretary and at the request for comment. the Commission’s TDD terminal on 202– Commission’s website. 205–1810. Persons with mobility 2 The Commission has found the responses SUMMARY: The Department of Labor impairments who will need special submitted by the Laminated Woven Sacks Fair (DOL), Employment Training assistance in gaining access to the Trade Coalition and its individual members, Administration (ETA) is soliciting domestic producers Polytex Fibers Corp. and Commission should contact the Office ProAmpac Holdings, Inc., to be individually comments concerning a proposed of the Secretary at 202–205–2000. adequate. Comments from other interested parties request for the authority to conduct the General information concerning the will not be accepted (see 19 CFR 207.62(d)(2)). information collection request (ICR)

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titled, ‘‘Student Safety Assessment of across the nation in attaining academic information in any comments. DOL will Job Corps Participants.’’ This comment credentials, including High School only consider comments received request is part of continuing Diplomas (HSD) and/or High School during the 60-day comment period. Departmental efforts to reduce Equivalency (HSE), and career technical DOL is particularly interested in paperwork and respondent burden in training credentials, including industry- comments that: accordance with the Paperwork recognized certifications, state • Evaluate whether the proposed Reduction Act of 1995 (PRA). licensures, and pre-apprenticeship collection of information is necessary DATES: Consideration will be given to all credentials. for the proper performance of the written comments received by Job Corps is a national program functions of the agency, including September 3, 2019. administered by DOL through the Office whether the information will have of Job Corps and six regional offices. practical utility; ADDRESSES: A copy of this ICR with • applicable supporting documentation, DOL awards and administers contracts Evaluate the accuracy of the including a description of the likely for the recruiting and screening of new agency’s estimate of the burden of the respondents, proposed frequency of students, center operations, and the proposed collection of information, response and estimated total burden, placement and transitional support of including the validity of the graduates and former enrollees. Large methodology and assumptions used; may be obtained free by contacting • Lawrence Lyford by telephone at 202– and small corporations and nonprofit Enhance the quality, utility, and 693–3121, TTY 1–877–889–5627 (these organizations manage and operate 98 clarity of the information to be Job Corps centers under contractual collected; and are not toll-free numbers) or by email at • [email protected]. agreements with DOL. These contract Minimize the burden of the Submit written comments about, or center operators are selected through a collection of information on those who requests for a copy of, this ICR by mail competitive procurement process that are to respond, including through the or courier to the U.S. Department of evaluates potential operators’ technical use of appropriate automated, Labor, Employment and Training expertise, proposed costs, past electronic, mechanical, or other Administration, Office of Job Corps, 200 performance, and other factors, in technological collection techniques or Constitution Avenue NW, Room N4507, accordance with the Competition in other forms of information technology, Washington, DC 20210; by email: Contracting Act and the Federal e.g. permitting electronic submission of [email protected] or by Fax Acquisition Regulations. The remaining responses. 202–693–3113. 25 Job Corps centers, called Civilian Title of Collection: Student Safety Assessment Survey of Job Corps FOR FURTHER INFORMATION CONTACT: For Conservation Centers, are operated by specific questions related to collection the U.S. Department of Agriculture Students. Forest Service, via an interagency Agency: DOL–ETA. activities, please contact Lawrence Type of Review: New Information Lyford by telephone at 202–693–3121 agreement. DOL has a direct role in the operation of Job Corps and does not Collection Request. (this is not a toll free number) or by Form: Appendix A. email at [email protected]. serve as a pass-through agency for this program. OMB Control Number: 1205–0NEW. Authority: 44 U.S.C. 3506(c)(2)(A). This information collection is subject Affected Public: Active Job Corps SUPPLEMENTARY INFORMATION: DOL, as to the PRA. A Federal agency generally students. part of continuing efforts to reduce cannot conduct or sponsor a collection Estimated Number of Respondents paperwork and respondent burden, of information, and the public is Monthly: 9,815. conducts a pre-clearance consultation generally not required to respond to an Frequency: Monthly. program to provide the general public information collection, unless it is Total Estimated Annual Responses: and Federal agencies an opportunity to approved by the OMB under the PRA 117,780. Estimated Average Time per comment on proposed and/or and displays a currently valid OMB Response: 0.25 hours. continuing collections of information Control Number. In addition, Estimated Total Annual Burden before submitting them to the OMB for notwithstanding any other provisions of final approval. This program helps to Hours: 29,445. law, no person shall generally be subject Total Estimated Annual Other Cost ensure that requested data can be to penalty for failing to comply with a Burden: $0. provided in the desired format, collection of information that does not reporting burden (time and financial display a valid Control Number. See 5 Molly E. Conway, resources) is minimized, collection CFR 1320.5(a) and 1320.6. Acting Assistant Secretary for Employment instruments are clearly understood, and Interested parties are encouraged to and Training, Labor. the impact of collection requirements provide comments to the contact shown [FR Doc. 2019–14320 Filed 7–3–19; 8:45 am] can be properly assessed. in the ADDRESSES section. Comments BILLING CODE 4510–FT–P Job Corps is the nation’s largest must be written to receive residential, educational, and career consideration, and they will be technical training program for young summarized and included in the request NATIONAL AERONAUTICS AND Americans. The Economic Opportunity for OMB approval of the final ICR. In SPACE ADMINISTRATION Act established Job Corps in 1964, and order to help ensure appropriate it currently operates under the authority consideration, comments should [Notice: (19–039)] of the Workforce Innovation and mention OMB control number 1205– NASA Advisory Council; Aeronautics Opportunity Act (WIOA) of 2014. For 0NEW. over 52 years, Job Corps has helped Submitted comments will also be a Committee; Meeting. prepare nearly three million at-risk matter of public record for this ICR and AGENCY: National Aeronautics and young people between the ages of 16 posted on the internet, without Space Administration. and 24 for success in our nation’s redaction. DOL encourages commenters ACTION: Notice of meeting. workforce. With 123 centers in 50 states, not to include personally identifiable Puerto Rico, and the District of information, confidential business data, SUMMARY: In accordance with the Columbia, Job Corps assists students or other sensitive statements/ Federal Advisory Committee Act, as

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amended, the National Aeronautics and name and citizenship status no less than Office of Nuclear Material Safety and Space Administration (NASA) 5 working days in advance. Information Safeguards, U.S. Nuclear Regulatory announces a meeting of the Aeronautics should be sent to Ms. Irma Rodriguez by Commission, Washington, DC 20555– Committee of the NASA Advisory fax at (202) 358–4060. For questions, 0001; telephone: 301–415–3178 or 301– Council (NAC). This meeting will be please call Ms. Irma Rodriguez at (202) 415–1335; email: NEIMA108.Resource@ held for soliciting, from the aeronautics 358–0984. Attendees will also be nrc.gov. community and other persons, research required to sign a register prior to SUPPLEMENTARY INFORMATION: and technical information relevant to entering the meeting room. It is program planning. imperative that the meeting be held on I. Introduction DATES: Wednesday, July 24, 2019, 1:00 these dates to accommodate the The NRC is coordinating activities in p.m.–5:30 p.m., and Thursday, July 25, scheduling priorities of the key accordance with Section 108 of NEIMA 2019, 9:00 a.m. to 12:00 p.m., Local participants. to collect information on the use of, and Time. lessons learned from, local community Patricia Rausch, advisory boards during ADDRESSES: NASA Glenn Research Advisory Committee Management Officer, decommissioning activities and issue a Center, Mission Integration Center, National Aeronautics and Space Administration. best practices report. Building 162, Room 302, 21000 The contents of this report, scheduled Brookpark Road, Cleveland, Ohio [FR Doc. 2019–14369 Filed 7–3–19; 8:45 am] to be issued to Congress no later than 44135. BILLING CODE 7510–13–P July 14, 2020, will include a description FOR FURTHER INFORMATION CONTACT: Ms. of the type of topics that might be Irma Rodriguez, Designated Federal brought before a community advisory Officer, Aeronautics Research Mission NUCLEAR REGULATORY board; how the board’s input could Directorate, NASA Headquarters, COMMISSION inform the decision-making process of Washington, DC 20546, (202) 358–0984, [NRC–2019–0073] stakeholders for various or [email protected]. decommissioning activities; how the SUPPLEMENTARY INFORMATION: The Public Meetings To Discuss Best board could interact with the NRC and meeting will be open to the public up Practices for Establishment and other Federal regulatory bodies to to the capacity of the room. This Operation of Local Community promote dialogue between the licensee meeting is also available telephonically Advisory Boards in Response to a and affected stakeholders; and how the and by WebEx. You must use a touch- Portion of the Nuclear Energy board could offer opportunities for tone telephone to participate in this Innovation and Modernization Act public engagement throughout all phases of the decommissioning process. meeting. Any interested person may dial AGENCY: Nuclear Regulatory the USA toll-free conference number 1– The report will also include a Commission. discussion of the composition of 888–769–8716, participant passcode: ACTION: Public meetings. 6813159, followed by the # sign to existing community advisory boards and best practices identified during the participate in this meeting by telephone SUMMARY: The U.S. Nuclear Regulatory establishment and operation of such on both days. The WebEx link is https:// Commission (NRC) is undertaking boards, including logistical nasaenterprise.webex.com/, the meeting activities to develop a report identifying considerations, frequency of meetings, number on both days is 900 824 618, best practices for establishment and and the selection of board members. operation of local community advisory and the password is PvYA3mu*. In developing a best practices report, The agenda for the meeting includes boards associated with the NRC is consulting with host States, the following topics: decommissioning activities, including communities within the emergency —Propulsion Transformation—Electric lessons learned from existing boards, as planning zone of an applicable nuclear Propulsion required by the Nuclear Energy power reactor, and existing local —Autonomy Strategy Innovation and Modernization Act community advisory boards. This Attendees will be requested to sign a (NEIMA). As part of developing the consultation will include the register and to comply with NASA report, the NRC is hosting 11 public distribution of a questionnaire, which is Glenn Research Center security meetings and at least 1 webinar to currently being developed, to solicit requirements, including the consult with host States, communities information on specific topics that presentation of a valid government- within the emergency planning zone of Section 108 of NEIMA requires be issued identification (i.e., driver’s an applicable nuclear power reactor, included in the report. The NRC will license, passport, etc.) to Security before and existing local community advisory also conduct twelve Category 3 public access to NASA. Foreign nationals boards. The results of these meetings, meetings, including at least one attending this meeting will be required along with any other data received as a nationwide webinar. to provide a copy of their passport and result of the NRC’s information The public meetings will be held in visa in addition to providing the collection activities associated with locations that ensure geographic following information no less than 15 NEIMA, will be captured in a best diversity across the United States, with days prior to the meeting: Full name; practices report that will be submitted priority given to States that (i) have a gender; date/place of birth; citizenship; to Congress. nuclear power reactor currently passport information (number, country, DATES: Public meetings to discuss best undergoing the decommissioning telephone); visa information (number, practices and lessons learned associated process; and (ii) requested a public type, expiration date); employer/ with community advisory boards at meeting under the provisions of NEIMA affiliation information (name of decommissioning nuclear power in accordance with the Federal Register institution, address, country, reactors will take place from (FR) notice published on March 18, telephone); title/position of attendee. To approximately August through October 2019 (84 FR 9841). At NRC Category 3 expedite admittance, U.S. citizens and of 2019. public meetings, the public is invited to Permanent Residents (green card FOR FURTHER INFORMATION CONTACT: participate by providing comments and holders) are requested to provide full Marlayna Vaaler Doell or Kim Conway, asking questions.

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II. Category 3 Public Meeting Locations For the Nuclear Regulatory Commission. proper routing. Please note that all and Nationwide Webinar Bruce A. Watson, written comments received in response Chief, Reactor Decommissioning Branch, to this notice will be considered public Consistent with the consultation Division of Decommissioning, Uranium records. requirements in NEIMA Section 108, the Recovery, and Waste Programs, Office of FOR FURTHER INFORMATION CONTACT: NRC received requests for and identified Nuclear Material Safety and Safeguards. Agency Submitting Officer: Catherine the areas surrounding the following [FR Doc. 2019–14363 Filed 7–3–19; 8:45 am] F.I. Andrade, (202) 336–8768. nuclear power reactors as locations to BILLING CODE 7590–01–P SUPPLEMENTARY INFORMATION: The Better host public meetings to discuss best Utilization of Investments Leading to practices and lessons learned for Development (BUILD) Act of 2018, establishment and operation of local OVERSEAS PRIVATE INVESTMENT Public Law 115–254 creates the U.S. community advisory boards: (1) Crystal CORPORATION International Development Finance River 3 Nuclear Power Plant in Crystal [DFC–011] Corporation (DFC) by bringing together River, Florida; (2) Diablo Canyon Power the Overseas Private Investment Plant in San Luis Obispo, California; (3) Submission for OMB Review; Corporation (OPIC) and the Humboldt Bay Nuclear Power Plant in Comments Request Development Credit Authority (DCA) Eureka, California; (4) Indian Point office of the U.S. Agency for AGENCY: Overseas Private Investment Energy Center in Buchanan, New York; International Development (USAID). Corporation (OPIC), US International (5) Kewaunee Power Station in Section 1465(a) of the Act tasks OPIC Development Finance Corporation Kewaunee, Wisconsin; (6) Oyster Creek staff with assisting DFC in the (DFC). Nuclear Generating Station in Forked transition. Section 1466(a)–(b) provides ACTION: River, New Jersey; (7) Palisades Nuclear Notice of information collection; that all completed administrative request for comment. Generating Station in Covert, Michigan; actions and all pending proceedings (8) Pilgrim Nuclear Power Station in SUMMARY: Under the provisions of the shall continue through the transition to Plymouth, Massachusetts; (9) San Paperwork Reduction Act, agencies are the DFC. Accordingly, OPIC is issuing Onofre Nuclear Generating Station in required to publish a Notice in the this Paperwork Reduction Act notice San Clemente, California; (10) Vermont Federal Register notifying the public and request for comments on behalf of Yankee Nuclear Power Plant in Vernon, that the agency is creating a new the DFC. Vermont; and (11) Zion Nuclear Power information collection for OMB review Summary Forms Under Review Station in Zion, Illinois. and approval and requests public Title of Collection: Generic Clearance review and comment on the submission. The public meetings to discuss best for the Collection of Qualitative As part of a Federal Government-wide practices and lessons learned associated Feedback on Agency Service Delivery. effort to streamline the process to seek with community advisory boards at Type of Review: New information feedback from the public on service decommissioning nuclear power collection. delivery, the agencies are seeking a reactors will take place from Agency Form Number: DFC–011. Generic Clearance for the Collection of OMB Form Number: Not assigned, approximately August through October Qualitative Feedback on Agency Service new information collection. of 2019. Specific details regarding the Delivery. Comments are being solicited Frequency: Once. dates, times, locations, and other on the need for the information; the Affected Public: Business or other for- logistical information for each of the accuracy of the burden estimate; the profit; not-for-profit institutions; meetings can be found, as they become quality, practical utility, and clarity of individuals. available, on the NRC’s NEIMA Section the information to be collected; and Total Estimated Number of Annual 108 public website at: https:// ways to minimize reporting the burden, www.nrc.gov/waste/decommissioning/ Number of Respondents: 200. including automated collected Estimated Time per Respondent: 0.1 neima-section-108.html. The meeting techniques and uses of other forms of to 1 hours. details for each Category 3 public technology. Total Estimated Number of Annual meeting will also be published in the DATES: DFC intends to begin use of the Burden Hours: 100 hours. NRC Public Meeting Notice System a generic clearance no earlier than Abstract: The information collection minimum of ten days before the meeting October 1, 2019. Comments must be activity under this clearance will garner takes place. received by September 5, 2019. qualitative customer and stakeholder The NRC staff is also planning to host ADDRESSES: Comments and requests for feedback in an efficient, timely manner. at least one nationwide webinar to copies of the subject information By qualitative feedback the agency discuss best practices and lessons collections may be sent by any of the means information that provides useful learned for establishment and operation following methods: insights on perceptions and opinions, of local community advisory boards. • Mail: Catherine F.I. Andrade, but are not statistical surveys that yield The first of these webinars will take Agency Submitting Officer, Overseas quantitative results that can be place in August. For information about Private Investment Corporation, 1100 generalized to the population of study. attending the webinar, or any of the New York Avenue NW, Washington, DC This feedback will provide insights into other planned public meetings, please 20527. customer or stakeholder perceptions, • see the public NEIMA Section 108 Email: [email protected]. experiences and expectations, provide website or contact the individuals listed Instructions: All submissions received an early warning of issues with service, must include the agency name and or focus attention on areas where in the FOR FURTHER INFORMATION agency form number or OMB form communication, training or changes in CONTACT section of this document. number for the referenced information operations might improve delivery of Dated at Rockville, Maryland this 1st day collection(s). Electronic submissions products or services. These collections of July, 2019. must include the full agency form will allow for ongoing, collaborative and number(s) in the subject line to ensure actionable communications between the

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agency and its customers and The text of the proposed rule change disseminated by the primary market stakeholders. It will also allow feedback is also available on the Exchange’s after 9:30. The Exchange now seeks to to contribute directly to the website (http://markets.cboe.com/us/ amend the opening rotation trigger for improvement of program management. options/regulation/rule_filings/ctwo/), equity options to revert back to the Feedback collected under this generic at the Exchange’s Office of the trigger used prior to the implementation clearance will provide useful Secretary, and at the Commission’s of SR–C2–2019–009. The Exchange information, but it will not yield data Public Reference Room. understands its opening rotation trigger that can be generalized to the overall event is not consistent with general population. This type of generic II. Self-Regulatory Organization’s practice in the industry, which is to clearance for qualitative information Statement of the Purpose of, and trigger an opening rotation based on will not be used for quantitative Statutory Basis for, the Proposed Rule disseminated transactions from the information collections that are Change primary market rather than any market. designed to yield reliably actionable In its filing with the Commission, the The Exchange notes that the proposed results, such as monitoring trends over Exchange included statements change to reflect the prior opening time or documenting program concerning the purpose of and basis for trigger event is the same as the rule performance. Such data uses require the proposed rule change and discussed language that existed before the SR–C2– more rigorous designs. any comments it received on the 2019–009 amendments, previously filed Dated: July 1, 2019. proposed rule change. The text of these with the Commission, modified only to Catherine F.I. Andrade, statements may be examined at the conform to other rule text under Rule Corporate Secretary, Department of Legal places specified in Item IV below. The 6.11(d) amended by SR–C2–2019–009 Affairs. Exchange has prepared summaries, set that the Exchange does not intend to alter. [FR Doc. 2019–14366 Filed 7–3–19; 8:45 am] forth in sections A, B, and C below, of the most significant aspects of such BILLING CODE 3210–01–P 2. Statutory Basis statements. The Exchange believes the proposed A. Self-Regulatory Organization’s rule change is consistent with the SECURITIES AND EXCHANGE Statement of the Purpose of, and Securities Exchange Act of 1934 (the COMMISSION Statutory Basis for, the Proposed Rule ‘‘Act’’) and the rules and regulations [Release No. 34–86234; File No. SR–C2– Change thereunder applicable to the Exchange 2019–017] 1. Purpose and, in particular, the requirements of Section 6(b) of the Act.7 Specifically, Self-Regulatory Organizations; Cboe On April 24, 2019, the Exchange filed the Exchange believes the proposed rule C2 Exchange, Inc.; Notice of Filing and a rule filing, SR–C2–2019–009, which, change is consistent with the Section Immediate Effectiveness of a Proposed among other things, amended its 6(b)(5) 8 requirements that the rules of Rule Change To Amend the Trigger for opening auction process.5 Specifically, an exchange be designed to prevent Its Opening Rotation Process for the filing amended the events that will fraudulent and manipulative acts and Equity Options trigger the opening rotation for equity practices, to promote just and equitable options pursuant to Rule 6.11(d). As of principles of trade, to foster cooperation June 28, 2019. June 17, 2019, Rule 6.11(d) provides and coordination with persons engaged Pursuant to Section 19(b)(1) of the that after a time period (which the in regulating, clearing, settling, Securities Exchange Act of 1934 Exchange determines for all classes) processing information with respect to, (‘‘Act’’),1 2 and Rule 19b–4 thereunder, following the System’s observation after and facilitating transactions in notice is hereby given that on June 24, 9:30 a.m. of the first disseminated securities, to remove impediments to 2019, Cboe C2 Exchange, Inc. (the transaction price for the security and perfect the mechanism of a free and ‘‘Exchange’’ or ‘‘C2’’) filed with the underlying an equity the System will open market and a national market Securities and Exchange Commission initiate the opening rotation for the system, and, in general, to protect (the ‘‘Commission’’) the proposed rule series in that class.6 investors and the public interest. change as described in Items I, and II Prior to June 17, 2019, the System Additionally, the Exchange believes the below, which Items have been prepared would initiate its opening rotation for a proposed rule change is consistent with by the Exchange. The Exchange filed the series following the first transaction in the Section 6(b)(5) 9 requirement that proposal as a ‘‘non-controversial’’ the security underlying an equity option the rules of an exchange not be designed proposed rule change pursuant to 3 to permit unfair discrimination between Section 19(b)(3)(A)(iii) of the Act and 5 See Securities Exchange Act Release No. 85788 4 customers, issuers, brokers, or dealers. Rule 19b–4(f)(6) thereunder. The (May 6, 2019), 84 FR 20673 (May 10, 2019) (Notice The Exchange believes that the of Filing and Immediate Effectiveness of a Proposed Commission is publishing this notice to proposed rule change will serve to solicit comments on the proposed rule Rule Change To Amend the Exchange’s Opening Process and Add a Global Trading Hours Session remove impediments to and perfect the change from interested persons. for DJX Options) (SR–C2–2019–009). The rule filing mechanism of a free and open market was part of Feature Pack 7, implemented on June and national market system because it I. Self-Regulatory Organization’s 17, 2019, in connection with the migration of Cboe Statement of the Terms of Substance of Exchange, Inc. (‘‘Cboe Options’’) technology to the will realign the trigger for its opening the Proposed Rule Change same trading platform used by the Exchange, Cboe rotation for equity options with the EDGX Exchange, Inc. (‘‘EDGX Options’’), and Cboe Cboe C2 Exchange, Inc. (the trigger used by most other options BZX Exchange, Inc. (‘‘BZX Options’’) in the fourth exchanges.10 The proposed change will ‘‘Exchange’’ or ‘‘C2’’) proposes to amend quarter of 2019. 6 The Exchange circulated an Exchange notice in the trigger for its opening rotation 7 process for equity options. advance of the implementation of the rule changes 15 U.S.C. 78f(b). pursuant to SR–C2–2019–009 describing such rule 8 15 U.S.C. 78f(b)(5). changes. See Exchange Notice No. C2019050201 9 Id. 1 15 U.S.C. 78s(b)(1). (May 2, 2019). The Exchange also circulated an 10 See Rules of Nasdaq BX, Chapter VI, Sec. 8(b); 2 17 CFR 240.19b–4. Exchange notice as a reminder of the upcoming rule and Nasdaq Stock Market Options Rules, Chapter 3 15 U.S.C. 78s(b)(3)(A)(iii). changes under SR–C2–2019–009. See Exchange VI, Sec. 8(b). See also http:// 4 17 CFR 240.19b–4(f)(6). Notice No. C2019061200 (June 12, 2019). Continued

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benefit investors, as it will create effective pursuant to Section 19(b)(3)(A) change should be approved or consistency throughout the industry and of the Act 12 and Rule 19b–4(f)(6) disapproved. will implement an opening rotation thereunder.13 trigger that was previously in place A proposed rule change filed under IV. Solicitation of Comments 14 under the Exchange Rules and thus, Rule 19b–4(f)(6) normally does not Interested persons are invited to previously filed with the Commission become operative for 30 days after the submit written data, views, and and already familiar to market date of filing. However, pursuant to arguments concerning the foregoing, participants. Rule 19b–4(f)(6)(iii) 15 the Commission including whether the proposed rule may designate a shorter time if such B. Self-Regulatory Organization’s change is consistent with the Act. action is consistent with the protection Statement on Burden on Competition Comments may be submitted by any of of investors and the public interest. The Exchange does not believe that The Exchange has asked the the following methods: the proposed change will impose any Commission to waive the 30-day Electronic Comments burden on competition that is not operative delay. The Exchange has necessary or appropriate in furtherance asked the Commission to waive the 30- • Use the Commission’s internet of the purposes of the Act. The day operative delay. The Commission comment form (http://www.sec.gov/ Exchange does not believe that the believes that waiving the 30-day rules/sro.shtml); or proposed rule change will impose any operative delay is consistent with the • Send an email to rule-comments@ burden on intramarket competition that protection of investors and the public is not necessary in furtherance of the sec.gov. Please include File Number SR– interest because the proposed rule C2–2019–017 on the subject line. purposes of the Act, because the change will implement functionality proposed opening trigger will apply in relating to the opening rotation trigger Paper Comments the same manner to all equity options. for equity options that was previously in • The proposed rule change impacts a place on C2. As such, waiver of the 30- Send paper comments in triplicate System process that occurs prior to the day operative delay is consistent with to Secretary, Securities and Exchange opening of trading, and merely modifies the protection of investors and the Commission, 100 F Street NE, when the System will initiate an public interest as the proposed rule Washington, DC 20549–1090. opening rotation. The remainder of the change will implement an opening All submissions should refer to File opening auction process will occur as it rotation trigger that was previously in does today. The Exchange also does not Number SR–C2–2019–017. This file place under an Exchange Rule that is number should be included on the believe that the proposed change will already familiar to market participants. impose any burden on intermarket subject line if email is used. To help the Thus, as represented by the Exchange, Commission process and review your competition that is not necessary in the proposed rule change does not furtherance of the purposes of the Act, comments more efficiently, please use introduce any new or novel issues. For only one method. The Commission will because use of the first disseminated this reason, the Commission believes post all comments on the Commission’s transaction price from the primary that waiver of the 30-day operative internet website (http://www.sec.gov/ market as a trigger for the opening delay is consistent with the protection rules/sro.shtml). Copies of the rotation is consistent with the rules of of investors and the public interest. 11 submission, all subsequent other options exchanges and with the Therefore, the Commission hereby Exchange Rules in place prior to June amendments, all written statements waives the operative delay and 17, 2019. designates the proposal as operative with respect to the proposed rule C. Self-Regulatory Organization’s upon filing.16 change that are filed with the Statement on Comments on the At any time within 60 days of the Commission, and all written Proposed Rule Change Received From filing of the proposed rule change, the communications relating to the Members, Participants, or Others Commission summarily may proposed rule change between the Commission and any person, other than The Exchange neither solicited nor temporarily suspend such rule change if it appears to the Commission that such those that may be withheld from the received comments on the proposed public in accordance with the rule change. action is necessary or appropriate in the public interest, for the protection of provisions of 5 U.S.C. 552, will be III. Date of Effectiveness of the investors, or otherwise in furtherance of available for website viewing and Proposed Rule Change and Timing for the purposes of the Act. If the printing in the Commission’s Public Commission Action Commission takes such action, the Reference Room, 100 F Street NE, Because the proposed rule change Commission shall institute proceedings Washington, DC 20549, on official does not (i) significantly affect the to determine whether the proposed rule business days between the hours of protection of investors or the public 10:00 a.m. and 3:00 p.m. Copies of the interest; (ii) impose any significant 12 15 U.S.C. 78s(b)(3)(A). filing also will be available for burden on competition; and (iii) become 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– inspection and copying at the principal 4(f)(6)(iii) requires a self-regulatory organization to office of the Exchange. All comments operative for 30 days from the date on give the Commission written notice of its intent to which it was filed, or such shorter time file the proposed rule change at least five business received will be posted without change. as the Commission may designate if days prior to the date of filing of the proposed rule Persons submitting comments are consistent with the protection of change, or such shorter time as designated by the cautioned that we do not redact or edit Commission. The Exchange has satisfied this personal identifying information from investors and the public interest, the requirement. proposed rule change has become 14 17 CFR 240.19b–4(f)(6). comment submissions. You should 15 17 CFR 240.19b–4(f)(6)(iii). submit only information that you wish www.nasdaqtrader.com/Content/BXOptions/ 16 For purposes only of waiving the 30-day to make available publicly. All BXOptions_FAQs.pdf; and http:// operative delay, the Commission also has submissions should refer to File www.nasdaqtrader.com/content/ProductsServices/ considered the proposed rule’s impact on Number SR–C2–2019–017 and should Trading/OptionsMarket/options_market_faqs.pdf. efficiency, competition, and capital formation. See 11 Id. 15 U.S.C. 78c(f). be submitted on or before July 26, 2019.

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For the Commission, by the Division of Members that trade more than a membership fees of other markets.’’ 14 Trading and Markets, pursuant to delegated specified volume in U.S. equities.7 The Exchange states that it believes the 17 authority. Specifically, the Exchange proposes to proposed Trading Rights Fee is Eduardo A. Aleman, charge Members a Trading Rights Fee of equitable and not unfairly Deputy Secretary. $250 per month for the ability to trade discriminatory because it will apply [FR Doc. 2019–14280 Filed 7–3–19; 8:45 am] on the Exchange. A Member would not equally to all Members that do not meet BILLING CODE 8011–01–P be charged the monthly Trading Rights the requirements of the exceptions.15 Fee if it meets one of the following In regard to the proposed exceptions exceptions: (1) The Member has a pursuant to which Members would not SECURITIES AND EXCHANGE monthly ADV 8 of less than 100,000 be charged the Trading Rights Fee, the COMMISSION shares, or (2) at least 90% of the Exchange states that it believes that both [Release No. 34–86232; File No. SR– Member’s orders submitted to the exceptions are reasonable. Specifically, CboeBYX–2019–009] Exchange per month are retail orders.9 the Exchange states that the proposed The proposed Trading Rights Fee also exception for Members that trade less Self-Regulatory Organizations; Cboe would not be charged to new Members than a monthly ADV of 100,000 shares BYX Exchange, Inc.; Suspension of for the first three months of their is reasonable because it would allow and Order Instituting Proceedings To membership.10 such smaller Members to continue to Determine Whether To Approve or trade at a lower cost.16 In addition, the Disapprove a Proposed Rule Change III. Suspension of the Proposed Rule Exchange states the exception is Amending the Fee Schedule Assessed Change reasonable because such firms consume on Members To Establish a Monthly fewer regulatory resources.17 Trading Rights Fee Pursuant to Section 19(b)(3)(C) of the Act,11 at any time within 60 days of the The Exchange also states that the June 28, 2019. date of filing of a proposed rule change second exception for Members that pursuant to Section 19(b)(1) of the submit 90% or more of their orders per I. Introduction Act,12 the Commission summarily may month as retail orders is reasonable On May 2, 2019, Cboe BYX Exchange, temporarily suspend the change in the because it would ensure that ‘‘retail Inc. (‘‘BYX’’ or the ‘‘Exchange’’) filed rules of a self-regulatory organization broker members can continue to submit with the Securities and Exchange (‘‘SRO’’) if it appears to the Commission orders for individual investors at a Commission (‘‘Commission’’), pursuant that such action is necessary or lower cost, thereby continuing to to Section 19(b)(1) of the Securities appropriate in the public interest, for encourage retail investor participation Exchange Act of 1934 (‘‘Act’’),1 and the protection of investors, or otherwise on the Exchange.’’ 18 Rule 19b–4 thereunder,2 a proposed rule in furtherance of the purposes of the Finally the Exchange states that it change (File Number SR–CboeBYX– Act. As discussed below, the believes that not charging a Trading 2019–009) to amend the BYX fee Commission believes a temporary Rights Fee for new Members is schedule to establish a monthly Trading suspension of the proposed rule change reasonable because it will incentivize Rights Fee to be assessed on Members.3 is necessary and appropriate to allow for firms to become Members of the The proposed rule change was additional analysis of the proposed rule Exchange and ‘‘bring additional immediately effective upon filing with change’s consistency with the Act and liquidity to the market to the benefit of the Commission pursuant to Section the rules thereunder. all market participants.19 19(b)(3)(A) of the Act.4 The proposed When exchanges file their proposed The Exchange asserts that the rule change was published for comment rule changes with the Commission, proposed Trading Rights Fee ‘‘is in the Federal Register on May 16, including fee filings like the Exchange’s reasonable because it will assist in 2019.5 The Commission has received no present proposal, they are required to funding the overall regulation and comment letters on the proposal. Under provide a statement supporting the maintenance of the Exchange.’’ 13 The Section 19(b)(3)(C) of the Act,6 the proposal’s basis under the Act and the Exchange also asserts that the proposed Commission is hereby: (i) Temporarily rules and regulations thereunder Trading Rights Fee is reasonable suspending the proposed rule change; applicable to the exchange.20 The because the ‘‘cost of this membership and (ii) instituting proceedings to instructions to Form 19b-4, on which fee is generally less than the analogous determine whether to approve or exchanges file their proposed rule disapprove the proposed rule change. changes, specify that such statement 7 See Notice, supra note 5, at 22199. The II. Description of the Proposed Rule Commission notes that the Exchange’s affiliates, ‘‘should be sufficiently detailed and Change Cboe BZX Exchange, Inc., Cboe EDGA Exchange, specific to support a finding that the Inc., and Cboe EDGX Exchange, Inc., each also filed proposed rule change is consistent with The Exchange proposes to amend the a proposed rule change to amend their fee [those] requirements.’’ 21 Membership Fees section of the BYX fee schedules to establish a monthly Trading Rights Fee schedule to establish a monthly Trading to be assessed on Members: CboeBZX–2019–041, CboeEDGA–2019–011, and CboeEDGX–2019–029, 14 See id. The Exchange notes, for example, that Rights Fee, which would be assessed on respectively. the Exchange’s proposed Trading Rights Fee of $250 8 ‘‘ADV’’ means average daily volume calculated a month is ‘‘substantially lower’’ than the monthly 17 17 CFR 200.30–3(a)(12). as the number of shares added or removed, $1,250 monthly Trading Rights Fee that Nasdaq 1 15 U.S.C. 78s(b)(1). combined, per day. ADV is calculated on a monthly assesses on its members. Id. 2 17 CFR 240.19b–4. basis. See Notice, supra note 5, at 22199 n.4. 15 See id. 3 The Commission notes that the Exchange 9 See Notice, supra note 5, at 22199. 16 See id. initially filed the proposed rule change on April 29, 10 For any month in which a firm is approved for 17 See id. 2019 (SR–CboeBYX–2019–006). On May 2, 2019, Membership with the Exchange, the monthly 18 See id. the Exchange withdrew that filing and submitted Trading Rights Fee would be pro-rated in 19 See id. the present proposal (SR–CboeBYX–2019–009). accordance with the date on which Membership is 20 See 17 CFR 240.19b–4 (Item 3 entitled ‘‘Self- 4 15 U.S.C. 78s(b)(3)(A). approved. Notice, supra note 5, at 22199–22200. Regulatory Organization’s Statement of the Purpose 5 See Securities Exchange Act Release No. 85841 11 15 U.S.C. 78s(b)(3)(C). of, and Statutory Basis for, the Proposed Rule (May 10, 2019), 84 FR 22199 (‘‘Notice’’). 12 15 U.S.C. 78s(b)(1). Change’’). 6 15 U.S.C. 78s(b)(3)(C). 13 See Notice, supra note 5, at 22200. 21 See id.

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Among other things, exchange proposed rule change should be proposed the rule change.’’ 34 The proposed rule changes are subject to approved or disapproved. Institution of description of a proposed rule change, Section 6 of the Act, including Sections proceedings does not indicate that the its purpose and operation, its effect, and 6(b)(4), (5), and (8), which requires the Commission has reached any a legal analysis of its consistency with rules of an exchange to: (1) Provide for conclusions with respect to any of the applicable requirements must all be the equitable allocation of reasonable issues involved. Rather, the Commission sufficiently detailed and specific to fees among members, issuers, and other seeks and encourages interested persons support an affirmative Commission persons using the exchange’s to provide additional comment on the finding,35 and any failure of an SRO to facilities; 22 (2) perfect the mechanism of proposed rule change to inform the provide this information may result in a free and open market and a national Commission’s analysis of whether to the Commission not having a sufficient market system, protect investors and the disapprove the proposed rule change. basis to make an affirmative finding that public interest, and not be designed to Pursuant to Section 19(b)(2)(B) of the a proposed rule change is consistent permit unfair discrimination between Act,29 the Commission is providing with the Act and the applicable rules customers, issuers, brokers, or notice of the grounds for possible and regulations.36 dealers; 23 and (3) not impose any disapproval under consideration: The Commission is instituting burden on competition not necessary or • Section 6(b)(4) of the Act, which proceedings to allow for additional appropriate in furtherance of the requires that the rules of a national consideration and comment on the purposes of the Act.24 securities exchange ‘‘provide for the issues raised herein, including as to In temporarily suspending the equitable allocation of reasonable dues, whether the proposed fees are Exchange’s fee change, the Commission fees, and other charges among its consistent with the Act, and intends to further consider whether members and issuers and other persons specifically, with its requirements that assessing the proposed monthly Trading using its facilities,’’ 30 exchange fees be reasonable and Rights Fee on certain Members is • Section 6(b)(5) of the Act, which equitably allocated; be designed to consistent with the statutory requires, among other things, that the perfect the mechanism of a free and requirements applicable to a national rules of a national securities exchange open market and the national market securities exchange under the Act. In be ‘‘designed to perfect the operation of system, protect investors and the public particular, the Commission will a free and open market and a national interest, and not be unfairly consider whether the proposed rule market system’’ and ‘‘protect investors discriminatory; or not impose an change satisfies the standards under the and the public interest,’’ and not be unnecessary or inappropriate burden on Act and the rules thereunder requiring, ‘‘designed to permit unfair competition.37 among other things, that an exchange’s discrimination between customers, V. Commission’s Solicitation of rules provide for the equitable issuers, brokers, or dealers,’’ 31 and allocation of reasonable fees among • Section 6(b)(8) of the Act, which Comments members, issuers, and other persons requires that the rules of a national The Commission requests written using its facilities; not permit unfair securities exchange ‘‘not impose any views, data, and arguments with respect discrimination between customers, burden on competition not necessary or to the concerns identified above as well issuers, brokers or dealers; and do not appropriate in furtherance of the as any other relevant concerns. Such impose any burden on competition not purposes of [the Act].’’ 32 comments should be submitted by July necessary or appropriate in furtherance As noted above, the proposal imposes 26, 2019. Rebuttal comments should be of the purposes of the Act.25 a new monthly Trading Rights Fee on submitted by August 9, 2019. Although Therefore, the Commission finds that certain Members. The Commission there do not appear to be any issues it is appropriate in the public interest, notes that the Exchange’s statements in relevant to approval or disapproval for the protection of investors, and support of the proposed rule change are which would be facilitated by an oral otherwise in furtherance of the purposes general in nature and lack detail and presentation of views, data, and of the Act, to temporarily suspend the specificity. For example, the Exchange arguments, the Commission will proposed rule changes.26 asserts broadly that the proposed fee consider, pursuant to Rule 19b–4, any IV. Proceedings to Determine Whether will fund overall regulation and request for an opportunity to make an To Approve or Disapprove the maintenance of the Exchange, but does oral presentation.38 Proposed Rule Change not explain why this increase in funding The Commission asks that is necessary at this time or what is commenters address the sufficiency and The Commission is instituting covered under this broad umbrella of merit of the Exchange’s statements in proceedings pursuant to Sections ‘‘overall regulation and support of the proposal, in addition to 19(b)(3)(C) 27 and 19(b)(2)(B) of the maintenance.’’ 33 Further, the rationale any other comments they may wish to Act 28 to determine whether the provided does not address how the submit about the proposed rule change. proposed fee is an equitable allocation Interested persons are invited to 22 15 U.S.C. 78f(b)(4). submit written data, views, and 23 15 U.S.C. 78f(b)(5). of fees, other than to note simply that 24 15 U.S.C. 78f(b)(8). it applies to all Members who do not 34 Rule 700(b)(3), Commission Rules of Practice, 25 See 15 U.S.C. 78f(b)(4), (5), and (8), qualify for an exception. Under the respectively. Commission’s Rules of Practice, the 17 CFR 201.700(b)(3). 35 See id. 26 For purposes of temporarily suspending the ‘‘burden to demonstrate that a proposed proposed rule change, the Commission has 36 See id. considered the proposed rule’s impact on rule change is consistent with the [Act] 37 See 15 U.S.C. 78f(b)(4), (5), and (8). efficiency, competition, and capital formation. See and the rules and regulations issued 38 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act 15 U.S.C. 78c(f). thereunder . . . is on the [SRO] that grants the Commission flexibility to determine what 27 15 U.S.C. 78s(b)(3)(C). Once the Commission type of proceeding—either oral or notice and temporarily suspends a proposed rule change, opportunity for written comments—is appropriate 29 15 U.S.C. 78s(b)(2)(B). Section 19(b)(3)(C) of the Act requires that the for consideration of a particular proposal by an 30 Commission institute proceedings under Section 15 U.S.C. 78f(b)(4). SRO. See Securities Acts Amendments of 1975, 19(b)(2)(B) to determine whether a proposed rule 31 15 U.S.C. 78f(b)(5). Report of the Senate Committee on Banking, change should be approved or disapproved. 32 15 U.S.C. 78f(b)(8). Housing and Urban Affairs to Accompany S. 249, 28 15 U.S.C. 78s(b)(2)(B). 33 See Notice, supra note 5, at 22200. S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975).

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arguments concerning the proposed rule addition, the Commission is instituting Counsel’s Office, 100 F Street NE, change, including whether the proposed proceedings to determine whether the Washington, DC 20549–8010. rule change is consistent with the Act. proposed rule change should be BlackRock Preferred Partners LLC [File Comments may be submitted by any of approved or disapproved. No. 811–22550] the following methods: For the Commission, by the Division of Summary: Applicant, a closed-end Electronic Comments Trading and Markets, pursuant to delegated authority.40 investment company, seeks an order • Use the Commission’s internet Eduardo A. Aleman, declaring that it has ceased to be an comment form (http://www.sec.gov/ investment company. On June 6, 2019, Deputy Secretary. rules/sro.shtml); or applicant made a final liquidating • Send an email to rule-comments@ [FR Doc. 2019–14282 Filed 7–3–19; 8:45 am] distribution to its shareholders based on sec.gov. Please include File Number SR– BILLING CODE 8011–01–P net asset value. Expenses of $4,000 CboeBYX–2019–009 on the subject line. incurred in connection with the Paper Comments SECURITIES AND EXCHANGE liquidation were paid by applicant. • COMMISSION Applicant also has retained $92,815 in Send paper comments in triplicate an illiquid security and holdback to Secretary, Securities and Exchange [Investment Company Act Release No. receivable for the purpose of paying Commission, 100 F Street NE, 33537] outstanding liabilities. Washington, DC 20549–1090. Filing Date: The application was filed All submissions should refer to File Notice of Applications for on June 14, 2019. Number SR–CboeBYX–2019–009. This Deregistration Under Section 8(f) of the Applicant’s Address: 100 Bellevue file number should be included on the Investment Company Act of 1940 Parkway, Wilmington, Delaware 19809. subject line if email is used. To help the Commission process and review your June 28, 2019. Dividend Builder Portfolio [File No. comments more efficiently, please use The following is a notice of 811–08014] applications for deregistration under only one method. The Commission will Summary: Applicant seeks an order section 8(f) of the Investment Company post all comments on the Commission’s declaring that it has ceased to be an Act of 1940 for the month of June 2019. internet website (http://www.sec.gov/ investment company. On June 8, 2018, A copy of each application may be rules/sro.shtml). Copies of the applicant made liquidating distributions obtained via the Commission’s website submission, all subsequent to its shareholders based on net asset by searching for the file number, or for amendments, all written statements value. No expenses were incurred in an applicant using the Company name with respect to the proposed rule connection with the liquidation. box, at http://www.sec.gov/search/ change that are filed with the Filing Dates: The application was search.htm or by calling (202) 551– Commission, and all written filed on March 19, 2019, and amended 8090. An order granting each communications relating to the on June 12, 2019. application will be issued unless the proposed rule change between the Applicant’s Address: Two SEC orders a hearing. Interested persons Commission and any person, other than International Place, Boston, may request a hearing on any those that may be withheld from the Massachusetts 02110. public in accordance with the application by writing to the SEC’s provisions of 5 U.S.C. 552, will be Secretary at the address below and Growth Portfolio [File No. 811–21121] available for website viewing and serving the relevant applicant with a Summary: Applicant seeks an order printing in the Commission’s Public copy of the request, personally or by declaring that it has ceased to be an Reference Room, 100 F Street NE, mail. investment company. On May 11, 2018, Washington, DC 20549 on official Hearing requests should be received applicant made liquidating distributions business days between the hours of by the SEC by 5:30 p.m. on July 23, to its shareholders based on net asset 10:00 a.m. and 3:00 p.m. Copies of the 2019, and should be accompanied by value. No expenses were incurred in filing also will be available for proof of service on applicants, in the connection with the liquidation. inspection and copying at the principal form of an affidavit or, for lawyers, a Filing Dates: The application was office of the Exchange. All comments certificate of service. Pursuant to Rule filed on March 19, 2019, and amended received will be posted without change. 0–5 under the Act, hearing requests on June 12, 2019. Persons submitting comments are should state the nature of the writer’s Applicant’s Address: Two cautioned that we do not redact or edit interest, any facts bearing upon the International Place, Boston, personal identifying information from desirability of a hearing on the matter, Massachusetts 02110. comment submissions. You should the reason for the request, and the issues contested. Persons who wish to be Large-Cap Value Portfolio [File No. submit only information that you wish 811–08548] to make available publicly. All notified of a hearing may request submissions should refer to File notification by writing to the Summary: Applicant seeks an order Number SR–CboeBYX–2019–009 and Commission’s Secretary. declaring that it has ceased to be an should be submitted on or before July ADDRESSES: The Commission: Secretary, investment company. On June 15, 2018, 26, 2019. Rebuttal comments should be U.S. Securities and Exchange applicant made liquidating distributions submitted by August 9, 2019. Commission, 100 F Street NE, to its shareholders based on net asset Washington, DC 20549–1090. value. No expenses were incurred in VI. Conclusion FOR FURTHER INFORMATION CONTACT: connection with the liquidation. It is therefore ordered, pursuant to Shawn Davis, Branch Chief, at (202) Filing Dates: The application was Section 19(b)(3)(C) of the Act,39 that File 551–6413 or Chief Counsel’s Office at filed on March 19, 2019, and amended Number SR–CboeBYX–2019–009 be and (202) 551–6821; SEC, Division of on June 12, 2019. hereby is, temporarily suspended. In Investment Management, Chief Applicant’s Address: Two International Place, Boston, 39 15 U.S.C. 78s(b)(3)(C). 40 17 CFR 200.30–3(a)(57) and (58). Massachusetts 02110.

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Nuveen Build America Bond Commission (‘‘Commission’’), pursuant for the first three months of their Opportunity Fund [File No. 811–22425] to Section 19(b)(1) of the Securities membership.10 1 Summary: Applicant, a closed-end Exchange Act of 1934 (‘‘Act’’), and III. Suspension of the Proposed Rule 2 investment company, seeks an order Rule 19b–4 thereunder, a proposed rule Change declaring that it has ceased to be an change (File Number SR–CboeBZX– 2019–041) to amend the BZX fee Pursuant to Section 19(b)(3)(C) of the investment company. The applicant has Act,11 at any time within 60 days of the schedule to establish a monthly Trading transferred its assets to Nuveen Taxable date of filing of a proposed rule change Rights Fee to be assessed on Members.3 Municipal Income Fund, and on pursuant to Section 19(b)(1) of the December 6, 2018, made a final The proposed rule change was Act,12 the Commission summarily may distribution to its shareholders based on immediately effective upon filing with temporarily suspend the change in the net asset value. Expenses of $839,358 the Commission pursuant to Section rules of a self-regulatory organization incurred in connection with the 19(b)(3)(A) of the Act.4 The proposed (‘‘SRO’’) if it appears to the Commission reorganization were paid by the rule change was published for comment that such action is necessary or applicant and the acquiring fund. in the Federal Register on May 16, appropriate in the public interest, for Filing Date: The application was filed 2019.5 The Commission has received no the protection of investors, or otherwise on May 14, 2019. comment letters on the proposal. Under in furtherance of the purposes of the Applicant’s Address: 333 West Section 19(b)(3)(C) of the Act,6 the Act. As discussed below, the Wacker Drive, Chicago, Illinois 60606. Commission is hereby: (i) Temporarily Commission believes a temporary Templeton Global Opportunities Trust suspending the proposed rule change; suspension of the proposed rule change [File No. 811–05914] and (ii) instituting proceedings to is necessary and appropriate to allow for determine whether to approve or additional analysis of the proposed rule Summary: Applicant seeks an order change’s consistency with the Act and declaring that it has ceased to be an disapprove the proposed rule change. the rules thereunder. investment company. The applicant has II. Description of the Proposed Rule The Exchange asserts that the transferred its assets to Templeton Change proposed Trading Rights Fee ‘‘is Growth Fund, Inc., and on August 24, reasonable because it will assist in 2018, made a final distribution to its The Exchange proposes to amend the funding the overall regulation and shareholders based on net asset value. Membership Fees section of the BZX fee maintenance of the Exchange.’’ 13 The Expenses of $300,440.58 incurred in schedule to establish a monthly Trading Exchange also asserts that the proposed connection with the reorganization were Rights Fee, which would be assessed on Trading Rights Fee is reasonable paid by the applicant and its investment Members that trade more than a because the ‘‘cost of this membership adviser, and the acquiring fund and its specified volume in U.S. equities.7 fee is generally less than the analogous investment adviser. Specifically, the Exchange proposes to membership fees of other markets.’’ 14 Filing Dates: The application was charge Members a Trading Rights Fee of The Exchange states that it believes the filed on April 11, 2019, and amended on $500 per month for the ability to trade proposed Trading Rights Fee is June 11, 2019. on the Exchange. A Member would not equitable and not unfairly Applicant’s Address: 300 South East be charged the monthly Trading Rights discriminatory because it will apply 2nd Street, Fort Lauderdale, Florida Fee if it meets one of the following equally to all Members that do not meet 33301. exceptions: (1) The Member has a the requirements of the exceptions.15 For the Commission, by the Division of monthly ADV 8 of less than 100,000 In regard to the proposed exceptions Investment Management, pursuant to shares, or (2) at least 90% of the pursuant to which Members would not delegated authority. Member’s orders submitted to the be charged the Trading Rights Fee, the Eduardo A. Aleman, Exchange per month are retail orders.9 Exchange states that it believes that both Deputy Secretary. The proposed Trading Rights Fee also exceptions are reasonable. Specifically, [FR Doc. 2019–14287 Filed 7–3–19; 8:45 am] would not be charged to new Members the Exchange states that the proposed BILLING CODE 8011–01–P exception for Members that trade less than a monthly ADV of 100,000 shares 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. is reasonable because it would allow SECURITIES AND EXCHANGE 3 The Commission notes that the Exchange such smaller Members to continue to COMMISSION initially filed the proposed rule change on April 29, trade at a lower cost.16 In addition, the 2019 (SR–CboeBZX–2019–036). On May 2, 2019, [Release No. 34–86233; File No. SR– Exchange states the exception is the Exchange withdrew that filing and submitted reasonable because such firms consume CboeBZX–2019–041] the present proposal (SR–CboeBZX–2019–041). fewer regulatory resources.17 4 15 U.S.C. 78s(b)(3)(A). Self-Regulatory Organizations; Cboe 5 See Securities Exchange Act Release No. 85840 BZX Exchange, Inc.; Suspension of (May 10, 2019), 84 FR 22190 (‘‘Notice’’). 10 For any month in which a firm is approved for and Order Instituting Proceedings To 6 15 U.S.C. 78s(b)(3)(C). Membership with the Exchange, the monthly Trading Rights Fee would be pro-rated in 7 See Notice, supra note 5, at 22190. The Determine Whether To Approve or accordance with the date on which Membership is Commission notes that the Exchange’s affiliates, Disapprove a Proposed Rule Change approved. Notice, supra note 5, at 22190. Cboe BYX Exchange, Inc., Cboe EDGA Exchange, 11 Amending the Fee Schedule Assessed Inc., and Cboe EDGX Exchange, Inc., each also filed 15 U.S.C. 78s(b)(3)(C). 12 on Members To Establish a Monthly a proposed rule change to amend their fee 15 U.S.C. 78s(b)(1). Trading Rights Fee schedules to establish a monthly Trading Rights Fee 13 See Notice, supra note 5, at 22190. to be assessed on Members: CboeBYX–2019–009, 14 See id. The Exchange notes, for example, that June 28, 2019. CboeEDGA–2019–011, and CboeEDGX–2019–029, the Exchange’s proposed Trading Rights Fee of $500 respectively. a month is ‘‘substantially lower’’ than the monthly I. Introduction 8 ‘‘ADV’’ means average daily volume calculated $1,250 monthly Trading Rights Fee that Nasdaq as the number of shares added or removed, assesses on its members. Id. On May 2, 2019, Cboe BZX Exchange, combined, per day. ADV is calculated on a monthly 15 See id. at 22191. Inc. (‘‘BZX’’ or the ‘‘Exchange’’) filed basis. See Notice, supra note 5, at 22190 n.4. 16 See id. at 22190. with the Securities and Exchange 9 See Notice, supra note 5, at 22190. 17 See id.

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The Exchange also states that the particular, the Commission will a free and open market and a national second exception for Members that consider whether the proposed rule market system’’ and ‘‘protect investors submit 90% or more of their orders per change satisfies the standards under the and the public interest,’’ and not be month as retail orders is reasonable Act and the rules thereunder requiring, ‘‘designed to permit unfair because it would ensure that ‘‘retail among other things, that an exchange’s discrimination between customers, broker members can continue to submit rules provide for the equitable issuers, brokers, or dealers,’’ 31 and orders for individual investors at a allocation of reasonable fees among • Section 6(b)(8) of the Act, which lower cost, thereby continuing to members, issuers, and other persons requires that the rules of a national encourage retail investor participation using its facilities; not permit unfair securities exchange ‘‘not impose any on the Exchange.’’ 18 discrimination between customers, burden on competition not necessary or Finally the Exchange states that it issuers, brokers or dealers; and do not appropriate in furtherance of the believes that not charging a Trading impose any burden on competition not purposes of [the Act].’’ 32 Rights Fee for new Members is necessary or appropriate in furtherance As noted above, the proposal imposes reasonable because it will incentivize of the purposes of the Act.25 a new monthly Trading Rights Fee on firms to become Members of the Therefore, the Commission finds that certain Members. The Commission Exchange and ‘‘bring additional it is appropriate in the public interest, notes that the Exchange’s statements in liquidity to the market to the benefit of for the protection of investors, and support of the proposed rule change are all market participants.’’ 19 otherwise in furtherance of the purposes general in nature and lack detail and When exchanges file their proposed of the Act, to temporarily suspend the specificity. For example, the Exchange rule changes with the Commission, proposed rule changes.26 asserts broadly that the proposed fee including fee filings like the Exchange’s will fund overall regulation and IV. Proceedings To Determine Whether present proposal, they are required to maintenance of the Exchange, but does To Approve or Disapprove the provide a statement supporting the not explain why this increase in funding Proposed Rule Change proposal’s basis under the Act and the is necessary at this time or what is rules and regulations thereunder The Commission is instituting covered under this broad umbrella of 20 applicable to the exchange. The proceedings pursuant to Sections ‘‘overall regulation and instructions to Form 19b–4, on which 19(b)(3)(C) 27 and 19(b)(2)(B) of the maintenance.’’ 33 Further, the rationale exchanges file their proposed rule Act 28 to determine whether the provided does not address how the changes, specify that such statement proposed rule change should be proposed fee is an equitable allocation ‘‘should be sufficiently detailed and approved or disapproved. Institution of of fees, other than to note simply that specific to support a finding that the proceedings does not indicate that the it applies to all Members who do not proposed rule change is consistent with Commission has reached any qualify for an exception. Under the 21 [those] requirements.’’ conclusions with respect to any of the Commission’s Rules of Practice, the Among other things, exchange issues involved. Rather, the Commission ‘‘burden to demonstrate that a proposed proposed rule changes are subject to seeks and encourages interested persons rule change is consistent with the [Act] Section 6 of the Act, including Sections to provide additional comment on the and the rules and regulations issued 6(b)(4), (5), and (8), which requires the proposed rule change to inform the thereunder . . . is on the [SRO] that rules of an exchange to: (1) Provide for Commission’s analysis of whether to proposed the rule change.’’ 34 The the equitable allocation of reasonable disapprove the proposed rule change. description of a proposed rule change, fees among members, issuers, and other Pursuant to Section 19(b)(2)(B) of the its purpose and operation, its effect, and persons using the exchange’s 29 Act, the Commission is providing a legal analysis of its consistency with facilities; 22 (2) perfect the mechanism of notice of the grounds for possible applicable requirements must all be a free and open market and a national disapproval under consideration: sufficiently detailed and specific to market system, protect investors and the • Section 6(b)(4) of the Act, which support an affirmative Commission public interest, and not be designed to requires that the rules of a national finding,35 and any failure of an SRO to permit unfair discrimination between securities exchange ‘‘provide for the provide this information may result in customers, issuers, brokers, or equitable allocation of reasonable dues, the Commission not having a sufficient dealers; 23 and (3) not impose any fees, and other charges among its basis to make an affirmative finding that burden on competition not necessary or members and issuers and other persons a proposed rule change is consistent appropriate in furtherance of the 30 using its facilities,’’ with the Act and the applicable rules purposes of the Act.24 • Section 6(b)(5) of the Act, which and regulations.36 In temporarily suspending the requires, among other things, that the Exchange’s fee change, the Commission The Commission is instituting rules of a national securities exchange proceedings to allow for additional intends to further consider whether be ‘‘designed to perfect the operation of assessing the proposed monthly Trading consideration and comment on the issues raised herein, including as to Rights Fee on certain Members is 25 See 15 U.S.C. 78f(b)(4), (5), and (8), whether the proposed fees are consistent with the statutory respectively. consistent with the Act, and requirements applicable to a national 26 For purposes of temporarily suspending the securities exchange under the Act. In proposed rule change, the Commission has specifically, with its requirements that considered the proposed rule’s impact on exchange fees be reasonable and efficiency, competition, and capital formation. See equitably allocated; be designed to 18 See id. at 22191. 15 U.S.C. 78c(f). 19 perfect the mechanism of a free and See id. 27 15 U.S.C. 78s(b)(3)(C). Once the Commission 20 See 17 CFR 240.19b–4 (Item 3 entitled ‘‘Self- temporarily suspends a proposed rule change, Regulatory Organization’s Statement of the Purpose Section 19(b)(3)(C) of the Act requires that the 31 15 U.S.C. 78f(b)(5). of, and Statutory Basis for, the Proposed Rule Commission institute proceedings under Section 32 15 U.S.C. 78f(b)(8). Change’’). 19(b)(2)(B) to determine whether a proposed rule 33 See Notice, supra note 5, at 22190. 21 See id. change should be approved or disapproved. 34 Rule 700(b)(3), Commission Rules of Practice, 22 15 U.S.C. 78f(b)(4). 28 15 U.S.C. 78s(b)(2)(B). 17 CFR 201.700(b)(3). 23 15 U.S.C. 78f(b)(5). 29 15 U.S.C. 78s(b)(2)(B). 35 See id. 24 15 U.S.C. 78f(b)(8). 30 15 U.S.C. 78f(b)(4). 36 See id.

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open market and the national market rules/sro.shtml). Copies of the SECURITIES AND EXCHANGE system, protect investors and the public submission, all subsequent COMMISSION interest, and not be unfairly amendments, all written statements discriminatory; or not impose an [Release No. 34–86238; File No. SR–NYSE– with respect to the proposed rule 2019–14] unnecessary or inappropriate burden on change that are filed with the competition.37 Commission, and all written Self-Regulatory Organizations; New V. Commission’s Solicitation of communications relating to the York Stock Exchange LLC; Notice of Comments proposed rule change between the Designation of Longer Period for Commission Action on Proposed Rule The Commission requests written Commission and any person, other than Change To Amend Section 703.18 of views, data, and arguments with respect those that may be withheld from the the Listed Company Manual To Permit to the concerns identified above as well public in accordance with the the Listing of Event-Based Contingent as any other relevant concerns. Such provisions of 5 U.S.C. 552, will be Value Rights and Make Other Changes comments should be submitted by July available for website viewing and To the Listing Standards for 26, 2019. Rebuttal comments should be printing in the Commission’s Public Contingent Value Rights submitted by August 9, 2019. Although Reference Room, 100 F Street NE, there do not appear to be any issues Washington, DC 20549 on official June 28, 2019. relevant to approval or disapproval business days between the hours of On April 25, 2019, New York Stock which would be facilitated by an oral 10:00 a.m. and 3:00 p.m. Copies of the Exchange LLC (the ‘‘Exchange’’) filed presentation of views, data, and filing also will be available for with the Securities and Exchange arguments, the Commission will inspection and copying at the principal Commission (‘‘Commission’’), pursuant consider, pursuant to Rule 19b–4, any office of the Exchange. All comments to Section 19(b)(1) of the Securities request for an opportunity to make an received will be posted without change. Exchange Act of 1934 (‘‘Act’’) 1 and Rule 38 oral presentation. Persons submitting comments are 19b–4 thereunder,2 a proposed rule The Commission asks that cautioned that we do not redact or edit change to amend Section 703.18 of the commenters address the sufficiency and personal identifying information from Exchange’s Listed Company Manual to merit of the Exchange’s statements in comment submissions. You should expand the circumstances under which support of the proposal, in addition to a contingent value right (‘‘CVR’’) may be any other comments they may wish to submit only information that you wish to make available publicly. All listed on the Exchange and make other submit about the proposed rule change. changes to the listing standards for Interested persons are invited to submissions should refer to File CVRs. The proposed rule change was submit written data, views, and Number SR–CboeBZX–2019–041 and published for comment in the Federal arguments concerning the proposed rule should be submitted on or before July Register on May 15, 2019.3 change, including whether the proposed 26, 2019. Rebuttal comments should be The rule change is consistent with the Act. submitted by August 9, 2019. Commission received no comments on Comments may be submitted by any of the proposed rule change. VI. Conclusion 4 the following methods: Section 19(b)(2) of the Act provides that within 45 days of the publication of Electronic Comments It is therefore ordered, pursuant to notice of the filing of a proposed rule Section 19(b)(3)(C) of the Act,39 that File • Use the Commission’s internet change, or within such longer period up Number SR–CboeBZX–2019–041 be and comment form (http://www.sec.gov/ to 90 days as the Commission may rules/sro.shtml); or hereby is, temporarily suspended. In designate if it finds such longer period • Send an email to rule-comments@ addition, the Commission is instituting to be appropriate and publishes its sec.gov. Please include File Number SR– proceedings to determine whether the reasons for so finding or as to which the CboeBZX–2019–041 on the subject line. proposed rule change should be self-regulatory organization consents, approved or disapproved. the Commission shall either approve the Paper Comments proposed rule change, disapprove the • For the Commission, by the Division of Send paper comments in triplicate Trading and Markets, pursuant to delegated proposed rule change, or institute to Secretary, Securities and Exchange authority.40 proceedings to determine whether the Commission, 100 F Street NE, proposed rule change should be Eduardo A. Aleman, Washington, DC 20549–1090. disapproved. The 45th day for this filing All submissions should refer to File Deputy Secretary. is June 29, 2019. Number SR–CboeBZX–2019–041. This [FR Doc. 2019–14281 Filed 7–3–19; 8:45 am] The Commission is extending the 45- file number should be included on the BILLING CODE 8011–01–P day time period for Commission action subject line if email is used. To help the on the proposed rule change. The Commission process and review your Commission finds that it is appropriate comments more efficiently, please use to designate a longer period within only one method. The Commission will which to take action on the proposed post all comments on the Commission’s rule change so that it has sufficient time internet website (http://www.sec.gov/ to consider the proposed rule change. Accordingly, pursuant to Section 37 See 15 U.S.C. 78f(b)(4), (5), and (8). 19(b)(2) of the Act,5 the Commission 38 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act designates August 13, 2019, as the date grants the Commission flexibility to determine what type of proceeding—either oral or notice and 1 15 U.S.C. 78s(b)(1). opportunity for written comments—is appropriate 2 for consideration of a particular proposal by an 17 CFR 240.19b–4. SRO. See Securities Acts Amendments of 1975, 3 See Securities Exchange Act Release No. 85812 Report of the Senate Committee on Banking, (May 9, 2019), 84 FR 21861. Housing and Urban Affairs to Accompany S. 249, 39 15 U.S.C. 78s(b)(3)(C). 4 15 U.S.C. 78s(b)(2). S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975). 40 17 CFR 200.30–3(a)(57) and (58). 5 Id.

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by which the Commission shall either fee schedule to establish a monthly fee is generally less than the analogous approve or disapprove, or institute Trading Rights Fee, which would be membership fees of other markets.’’ 13 proceedings to determine whether to assessed on Members that trade more The Exchange states that it believes the disapprove, the proposed rule change than a specified volume in U.S. proposed Trading Rights Fee is (File No. SR–NYSE–2019–14). equities.6 Specifically, the Exchange equitable and not unfairly For the Commission, by the Division of proposes to charge Members a Trading discriminatory because it will apply Trading and Markets, pursuant to delegated Rights Fee of $500 per month for the equally to all Members that do not meet authority.6 ability to trade on the Exchange. A the requirements of the exceptions.14 Member would not be charged the Eduardo A. Aleman, In regard to the proposed exceptions monthly Trading Rights Fee if it meets Deputy Secretary. pursuant to which Members would not one of the following exceptions: (1) The [FR Doc. 2019–14278 Filed 7–3–19; 8:45 am] be charged the Trading Rights Fee, the Member has a monthly ADV 7 of less BILLING CODE 8011–01–P Exchange states that it believes that both than 100,000 shares, or (2) at least 90% exceptions are reasonable. Specifically, of the Member’s orders submitted to the the Exchange states that the proposed SECURITIES AND EXCHANGE Exchange per month are retail orders.8 exception for Members that trade less COMMISSION The proposed Trading Rights Fee also would not be charged to new Members than a monthly ADV of 100,000 shares [Release No. 34–86231; File No. SR– is reasonable because it would allow CboeEDGX–2019–029] for the first three months of their membership.9 such smaller Members to continue to trade at a lower cost.15 In addition, the Self-Regulatory Organizations; Cboe III. Suspension of the Proposed Rule Exchange states the exception is EDGX Exchange, Inc.; Suspension of Change reasonable because such firms consume and Order Instituting Proceedings To fewer regulatory resources.16 Determine Whether To Approve or Pursuant to Section 19(b)(3)(C) of the Disapprove a Proposed Rule Change Act,10 at any time within 60 days of the The Exchange also states that the Amending the Fee Schedule Assessed date of filing of a proposed rule change second exception for Members that on Members To Establish a Monthly pursuant to Section 19(b)(1) of the submit 90% or more of their orders per Trading Rights Fee Act,11 the Commission summarily may month as retail orders is reasonable temporarily suspend the change in the because it would ensure that ‘‘retail June 28, 2019. rules of a self-regulatory organization broker members can continue to submit I. Introduction (‘‘SRO’’) if it appears to the Commission orders for individual investors at a that such action is necessary or lower cost, thereby continuing to On April 29, 2019, Cboe EDGX appropriate in the public interest, for Exchange, Inc. (‘‘EDGX’’ or the encourage retail investor participation the protection of investors, or otherwise on the Exchange.’’ 17 ‘‘Exchange’’) filed with the Securities in furtherance of the purposes of the and Exchange Commission Act. As discussed below, the Finally the Exchange states that it (‘‘Commission’’), pursuant to Section Commission believes a temporary believes that not charging a Trading 19(b)(1) of the Securities Exchange Act suspension of the proposed rule change Rights Fee for new Members is of 1934 (‘‘Act’’),1 and Rule 19b–4 reasonable because it will incentivize 2 is necessary and appropriate to allow for thereunder, a proposed rule change additional analysis of the proposed rule firms to become Members of the (File Number SR–CboeEDGX–2019–029) change’s consistency with the Act and Exchange and ‘‘bring additional to amend the EDGX fee schedule to the rules thereunder. liquidity to the market to the benefit of establish a monthly Trading Rights Fee The Exchange asserts that the all market participants.’’ 18 to be assessed on Members. The proposed Trading Rights Fee ‘‘is proposed rule change was immediately When exchanges file their proposed reasonable because it will assist in effective upon filing with the rule changes with the Commission, funding the overall regulation and Commission pursuant to Section including fee filings like the Exchange’s maintenance of the Exchange.’’ 12 The 19(b)(3)(A) of the Act.3 The proposed present proposal, they are required to Exchange also asserts that the proposed rule change was published for comment provide a statement supporting the Trading Rights Fee is reasonable in the Federal Register on May 16, proposal’s basis under the Act and the because the ‘‘cost of this membership 2019.4 The Commission has received no rules and regulations thereunder 19 comment letters on the proposal. Under applicable to the exchange. The 6 See Notice, supra note 4, at 22174. The 5 instructions to Form 19b–4, on which Section 19(b)(3)(C) of the Act, the Commission notes that the Exchange’s affiliates, Commission is hereby: (i) Temporarily Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., exchanges file their proposed rule suspending the proposed rule change; and Cboe EDGA Exchange, Inc., each also filed a changes, specify that such statement and (ii) instituting proceedings to proposed rule change to amend their fee schedules ‘‘should be sufficiently detailed and to establish a monthly Trading Rights Fee to be specific to support a finding that the determine whether to approve or assessed on Members: CboeBYX–2019–009, disapprove the proposed rule change. CboeBZX–2019–041, and CboeEDGA–2019–011, respectively. 13 See id. The Exchange notes, for example, that II. Description of the Proposed Rule 7 ‘‘ADV’’ means average daily volume calculated the Exchange’s proposed Trading Rights Fee of $500 Change as the number of shares added or removed, a month is ‘‘substantially lower’’ than the monthly The Exchange proposes to amend the combined, per day. ADV is calculated on a monthly $1,250 monthly Trading Rights Fee that Nasdaq basis. See Notice, supra note 4, at 22174 n.3. assesses on its members. Id. Membership Fees section of the EDGX 8 See Notice, supra note 4, at 22174. 14 See id. at 22175. 9 For any month in which a firm is approved for 15 See id. at 22174–75. 6 17 CFR 200.30–3(a)(31). Membership with the Exchange, the monthly 16 See id. at 22175. 1 15 U.S.C. 78s(b)(1). Trading Rights Fee would be pro-rated in 17 See id. 2 17 CFR 240.19b–4. accordance with the date on which Membership is 18 See id. 3 15 U.S.C. 78s(b)(3)(A). approved. Notice, supra note 4, at 22174. 19 See 17 CFR 240.19b–4 (Item 3 entitled ‘‘Self- 4 See Securities Exchange Act Release No. 85838 10 15 U.S.C. 78s(b)(3)(C). Regulatory Organization’s Statement of the Purpose (May 10, 2019), 84 FR 22174 (‘‘Notice’’). 11 15 U.S.C. 78s(b)(1). of, and Statutory Basis for, the Proposed Rule 5 15 U.S.C. 78s(b)(3)(C). 12 See Notice, supra note 4, at 22174. Change’’).

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proposed rule change is consistent with Act 27 to determine whether the rule change is consistent with the [Act] [those] requirements.’’ 20 proposed rule change should be and the rules and regulations issued Among other things, exchange approved or disapproved. Institution of thereunder . . . is on the [SRO] that proposed rule changes are subject to proceedings does not indicate that the proposed the rule change.’’ 33 The Section 6 of the Act, including Sections Commission has reached any description of a proposed rule change, 6(b)(4), (5), and (8), which requires the conclusions with respect to any of the its purpose and operation, its effect, and rules of an exchange to: (1) Provide for issues involved. Rather, the Commission a legal analysis of its consistency with the equitable allocation of reasonable seeks and encourages interested persons applicable requirements must all be fees among members, issuers, and other to provide additional comment on the sufficiently detailed and specific to persons using the exchange’s proposed rule change to inform the support an affirmative Commission facilities; 21 (2) perfect the mechanism of Commission’s analysis of whether to finding,34 and any failure of an SRO to a free and open market and a national disapprove the proposed rule change. provide this information may result in market system, protect investors and the Pursuant to Section 19(b)(2)(B) of the the Commission not having a sufficient public interest, and not be designed to Act,28 the Commission is providing basis to make an affirmative finding that permit unfair discrimination between notice of the grounds for possible a proposed rule change is consistent customers, issuers, brokers, or disapproval under consideration: with the Act and the applicable rules • dealers; 22 and (3) not impose any Section 6(b)(4) of the Act, which and regulations.35 requires that the rules of a national burden on competition not necessary or The Commission is instituting securities exchange ‘‘provide for the appropriate in furtherance of the proceedings to allow for additional 23 equitable allocation of reasonable dues, purposes of the Act. consideration and comment on the fees, and other charges among its In temporarily suspending the issues raised herein, including as to members and issuers and other persons Exchange’s fee change, the Commission whether the proposed fees are using its facilities,’’ 29 intends to further consider whether consistent with the Act, and assessing the proposed monthly Trading • Section 6(b)(5) of the Act, which requires, among other things, that the specifically, with its requirements that Rights Fee on certain Members is exchange fees be reasonable and consistent with the statutory rules of a national securities exchange be ‘‘designed to perfect the operation of equitably allocated; be designed to requirements applicable to a national perfect the mechanism of a free and securities exchange under the Act. In a free and open market and a national market system’’ and ‘‘protect investors open market and the national market particular, the Commission will system, protect investors and the public consider whether the proposed rule and the public interest,’’ and not be ‘‘designed to permit unfair interest, and not be unfairly change satisfies the standards under the discriminatory; or not impose an Act and the rules thereunder requiring, discrimination between customers, issuers, brokers, or dealers,’’ 30 and unnecessary or inappropriate burden on among other things, that an exchange’s • competition.36 rules provide for the equitable Section 6(b)(8) of the Act, which allocation of reasonable fees among requires that the rules of a national V. Commission’s Solicitation of members, issuers, and other persons securities exchange ‘‘not impose any Comments burden on competition not necessary or using its facilities; not permit unfair The Commission requests written discrimination between customers, appropriate in furtherance of the 31 views, data, and arguments with respect issuers, brokers or dealers; and do not purposes of [the Act].’’ As noted above, the proposal imposes to the concerns identified above as well impose any burden on competition not a new monthly Trading Rights Fee on as any other relevant concerns. Such necessary or appropriate in furtherance certain Members. The Commission comments should be submitted by July of the purposes of the Act.24 notes that the Exchange’s statements in 26, 2019. Rebuttal comments should be Therefore, the Commission finds that support of the proposed rule change are submitted by August 9, 2019. Although it is appropriate in the public interest, general in nature and lack detail and there do not appear to be any issues for the protection of investors, and specificity. For example, the Exchange relevant to approval or disapproval otherwise in furtherance of the purposes asserts broadly that the proposed fee which would be facilitated by an oral of the Act, to temporarily suspend the will fund overall regulation and presentation of views, data, and proposed rule changes.25 maintenance of the Exchange, but does arguments, the Commission will IV. Proceedings To Determine Whether not explain why this increase in funding consider, pursuant to Rule 19b–4, any To Approve or Disapprove the is necessary at this time or what is request for an opportunity to make an Proposed Rule Change covered under this broad umbrella of oral presentation.37 The Commission is instituting ‘‘overall regulation and The Commission asks that 32 proceedings pursuant to Sections maintenance.’’ Further, the rationale commenters address the sufficiency and 19(b)(3)(C) 26 and 19(b)(2)(B) of the provided does not address how the merit of the Exchange’s statements in proposed fee is an equitable allocation support of the proposal, in addition to 20 See id. of fees, other than to note simply that 21 15 U.S.C. 78f(b)(4). it applies to all Members who do not 33 Rule 700(b)(3), Commission Rules of Practice, 22 15 U.S.C. 78f(b)(5). qualify for an exception. Under the 17 CFR 201.700(b)(3). 23 15 U.S.C. 78f(b)(8). Commission’s Rules of Practice, the 34 See id. 24 See 15 U.S.C. 78f(b)(4), (5), and (8), ‘‘burden to demonstrate that a proposed 35 See id. respectively. 36 See 15 U.S.C. 78f(b)(4), (5), and (8). 25 For purposes of temporarily suspending the 19(b)(2)(B) to determine whether a proposed rule 37 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act proposed rule change, the Commission has change should be approved or disapproved. grants the Commission flexibility to determine what considered the proposed rule’s impact on 27 15 U.S.C. 78s(b)(2)(B). type of proceeding—either oral or notice and efficiency, competition, and capital formation. See opportunity for written comments—is appropriate 28 15 U.S.C. 78s(b)(2)(B). 15 U.S.C. 78c(f). for consideration of a particular proposal by an 29 26 15 U.S.C. 78s(b)(3)(C). Once the Commission 15 U.S.C. 78f(b)(4). SRO. See Securities Acts Amendments of 1975, temporarily suspends a proposed rule change, 30 15 U.S.C. 78f(b)(5). Report of the Senate Committee on Banking, Section 19(b)(3)(C) of the Act requires that the 31 15 U.S.C. 78f(b)(8). Housing and Urban Affairs to Accompany S. 249, Commission institute proceedings under Section 32 See Notice, supra note 4, at 22174. S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975).

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any other comments they may wish to VI. Conclusion Commission is hereby: (i) Temporarily submit about the proposed rule change. It is therefore ordered, pursuant to suspending the proposed rule change; Interested persons are invited to Section 19(b)(3)(C) of the Act,38 that File and (ii) instituting proceedings to submit written data, views, and Number SR–CboeEDGX–2019–029 be determine whether to approve or arguments concerning the proposed rule and hereby is, temporarily suspended. disapprove the proposed rule change. change, including whether the proposed In addition, the Commission is II. Description of the Proposed Rule rule change is consistent with the Act. instituting proceedings to determine Change Comments may be submitted by any of whether the proposed rule change The Exchange proposes to amend the the following methods: should be approved or disapproved. Membership Fees section of the EDGA Electronic Comments For the Commission, by the Division of fee schedule to establish a monthly Trading and Markets, pursuant to delegated authority.39 Trading Rights Fee, which would be • Use the Commission’s internet assessed on Members that trade more Eduardo A. Aleman, comment form (http://www.sec.gov/ than a specified volume in U.S. rules/sro.shtml); or Deputy Secretary. equities.7 Specifically, the Exchange • Send an email to rule-comments@ [FR Doc. 2019–14283 Filed 7–3–19; 8:45 am] proposes to charge Members a Trading sec.gov. Please include File Number SR– BILLING CODE 8011–01–P Rights Fee of $250 per month for the CboeEDGX–2019–029 on the subject ability to trade on the Exchange. A Member would not be charged the line. SECURITIES AND EXCHANGE monthly Trading Rights Fee if the COMMISSION Paper Comments Member has a monthly ADV 8 of less [Release No. 34–86236; File No. SR– than 100,000 shares.9 The proposed • Send paper comments in triplicate CboeEDGA–2019–011] Trading Rights Fee also would not be to Secretary, Securities and Exchange charged to new Members for the first Commission, 100 F Street NE, Self-Regulatory Organizations; Cboe three months of their membership.10 Washington, DC 20549–1090. EDGA Exchange, Inc.; Suspension of III. Suspension of the Proposed Rule All submissions should refer to File and Order Instituting Proceedings To Change Number SR–CboeEDGX–2019–029. This Determine Whether To Approve or file number should be included on the Disapprove a Proposed Rule Change Pursuant to Section 19(b)(3)(C) of the subject line if email is used. To help the Amending the Fee Schedule Assessed Act,11 at any time within 60 days of the Commission process and review your on Members To Establish a Monthly date of filing of a proposed rule change comments more efficiently, please use Trading Rights Fee pursuant to Section 19(b)(1) of the 12 only one method. The Commission will June 28, 2019. Act, the Commission summarily may post all comments on the Commission’s temporarily suspend the change in the internet website (http://www.sec.gov/ I. Introduction rules of a self-regulatory organization rules/sro.shtml). Copies of the On May 2, 2019, Cboe EDGA (’’SRO’’) if it appears to the Commission submission, all subsequent Exchange, Inc. (‘‘EDGA’’ or the that such action is necessary or amendments, all written statements ‘‘Exchange’’) filed with the Securities appropriate in the public interest, for with respect to the proposed rule and Exchange Commission the protection of investors, or otherwise change that are filed with the (‘‘Commission’’), pursuant to Section in furtherance of the purposes of the Commission, and all written 19(b)(1) of the Securities Exchange Act Act. As discussed below, the communications relating to the of 1934 (‘‘Act’’),1 and Rule 19b–4 Commission believes a temporary proposed rule change between the thereunder,2 a proposed rule change suspension of the proposed rule change Commission and any person, other than (File Number SR–CboeEDGA–2019–011) is necessary and appropriate to allow for those that may be withheld from the to amend the EDGA fee schedule to additional analysis of the proposed rule public in accordance with the establish a monthly Trading Rights Fee change’s consistency with the Act and provisions of 5 U.S.C. 552, will be to be assessed on Members.3 The the rules thereunder. available for website viewing and proposed rule change was immediately The Exchange asserts that the printing in the Commission’s Public effective upon filing with the proposed Trading Rights Fee ‘‘is Reference Room, 100 F Street NE, Commission pursuant to Section reasonable because it will assist in Washington, DC 20549 on official 19(b)(3)(A) of the Act.4 The proposed business days between the hours of rule change was published for comment 7 See Notice, supra note 5, at 22212. The Commission notes that the Exchange’s affiliates, 10:00 a.m. and 3:00 p.m. Copies of the in the Federal Register on May 16, Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., filing also will be available for 2019.5 The Commission has received no and Cboe EDGX Exchange, Inc., each also filed a inspection and copying at the principal comment letters on the proposal. Under proposed rule change to amend their fee schedules office of the Exchange. All comments Section 19(b)(3)(C) of the Act,6 the to establish a monthly Trading Rights Fee to be assessed on Members: CboeBYX–2019–009, received will be posted without change. CboeBZX–2019–041, and CboeEDGX–2019–029, Persons submitting comments are 38 15 U.S.C. 78s(b)(3)(C). respectively. cautioned that we do not redact or edit 39 17 CFR 200.30–3(a)(57) and (58). 8 ‘‘ADV’’ means average daily volume calculated personal identifying information from 1 15 U.S.C. 78s(b)(1). as the number of shares added or removed, 2 comment submissions. You should 17 CFR 240.19b–4. combined, per day. ADV is calculated on a monthly 3 The Commission notes that the Exchange basis. See Notice, supra note 5, at 22213 n.4. submit only information that you wish initially filed the proposed rule change on April 29, 9 See Notice, supra note 5, at 22213–14. to make available publicly. All 2019 (SR–CboeEDGA–2019–009). On May 2, 2019, 10 For any month in which a firm is approved for submissions should refer to File the Exchange withdrew that filing and submitted Membership with the Exchange, the monthly Number SR–CboeEDGX–2019–029 and the present proposal (SR–CboeEDGA–2019–011). Trading Rights Fee would be pro-rated in 4 should be submitted on or before July 15 U.S.C. 78s(b)(3)(A). accordance with the date on which Membership is 5 See Securities Exchange Act Release No. 85842 approved. Notice, supra note 5, at 22213. 26, 2019. Rebuttal comments should be (May 10, 2019), 84 FR 22212 (‘‘Notice’’). 11 15 U.S.C. 78s(b)(3)(C). submitted by August 9, 2019. 6 15 U.S.C. 78s(b)(3)(C). 12 15 U.S.C. 78s(b)(1).

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funding the overall regulation and the equitable allocation of reasonable conclusions with respect to any of the maintenance of the Exchange.’’ 13 The fees among members, issuers, and other issues involved. Rather, the Commission Exchange also asserts that the proposed persons using the exchange’s seeks and encourages interested persons Trading Rights Fee is reasonable facilities; 21 (2) perfect the mechanism of to provide additional comment on the because the ‘‘cost of this membership a free and open market and a national proposed rule change to inform the fee is generally less than the analogous market system, protect investors and the Commission’s analysis of whether to membership fees of other markets.’’ 14 public interest, and not be designed to disapprove the proposed rule change. The Exchange states that it believes the permit unfair discrimination between Pursuant to Section 19(b)(2)(B) of the proposed Trading Rights Fee is customers, issuers, brokers, or Act,28 the Commission is providing equitable and not unfairly dealers; 22 and (3) not impose any notice of the grounds for possible discriminatory because it will apply burden on competition not necessary or disapproval under consideration: equally to all Members that do not meet appropriate in furtherance of the • Section 6(b)(4) of the Act, which the requirements of the exception.15 purposes of the Act.23 requires that the rules of a national In regard to the proposed exception In temporarily suspending the securities exchange ‘‘provide for the pursuant to which Members would not Exchange’s fee change, the Commission equitable allocation of reasonable dues, be charged the Trading Rights Fee, the intends to further consider whether fees, and other charges among its Exchange states that it believes the assessing the proposed monthly Trading members and issuers and other persons exception is reasonable. Specifically, Rights Fee on certain Members is using its facilities,’’ 29 the Exchange states that the proposed consistent with the statutory • Section 6(b)(5) of the Act, which exception for Members that trade less requirements applicable to a national requires, among other things, that the than a monthly ADV of 100,000 shares securities exchange under the Act. In rules of a national securities exchange is reasonable because it would allow particular, the Commission will be ‘‘designed to perfect the operation of such smaller Members to continue to consider whether the proposed rule a free and open market and a national 16 trade at a lower cost. In addition, the change satisfies the standards under the market system’’ and ‘‘protect investors Exchange states the exception is Act and the rules thereunder requiring, and the public interest,’’ and not be reasonable because such firms consume among other things, that an exchange’s ‘‘designed to permit unfair 17 fewer regulatory resources. rules provide for the equitable discrimination between customers, Finally the Exchange states that it allocation of reasonable fees among issuers, brokers, or dealers,’’ 30 and believes that not charging a Trading members, issuers, and other persons • Section 6(b)(8) of the Act, which Rights Fee for new Members is using its facilities; not permit unfair requires that the rules of a national reasonable because it will incentivize discrimination between customers, securities exchange ‘‘not impose any firms to become Members of the issuers, brokers or dealers; and do not burden on competition not necessary or Exchange and ‘‘bring additional impose any burden on competition not appropriate in furtherance of the liquidity to the market to the benefit of 31 18 necessary or appropriate in furtherance purposes of [the Act].’’ all market participants. 24 When exchanges file their proposed of the purposes of the Act. As noted above, the proposal imposes rule changes with the Commission, Therefore, the Commission finds that a new monthly Trading Rights Fee on including fee filings like the Exchange’s it is appropriate in the public interest, certain Members. The Commission present proposal, they are required to for the protection of investors, and notes that the Exchange’s statements in provide a statement supporting the otherwise in furtherance of the purposes support of the proposed rule change are of the Act, to temporarily suspend the general in nature and lack detail and proposal’s basis under the Act and the 25 rules and regulations thereunder proposed rule changes. specificity. For example, the Exchange asserts broadly that the proposed fee applicable to the exchange.19 The IV. Proceedings To Determine Whether will fund overall regulation and instructions to Form 19b–4, on which To Approve or Disapprove the maintenance of the Exchange, but does exchanges file their proposed rule Proposed Rule Change changes, specify that such statement not explain why this increase in funding The Commission is instituting ‘‘should be sufficiently detailed and is necessary at this time or what is proceedings pursuant to Sections specific to support a finding that the covered under this broad umbrella of 19(b)(3)(C) 26 and 19(b)(2)(B) of the proposed rule change is consistent with ‘‘overall regulation and Act 27 to determine whether the 32 [those] requirements.’’ 20 maintenance.’’ Further, the rationale Among other things, exchange proposed rule change should be provided does not address how the proposed rule changes are subject to approved or disapproved. Institution of proposed fee is an equitable allocation Section 6 of the Act, including Sections proceedings does not indicate that the of fees, other than to note simply that 6(b)(4), (5), and (8), which requires the Commission has reached any it applies to all Members who do not rules of an exchange to: (1) Provide for qualify for an exception. Under the 21 15 U.S.C. 78f(b)(4). Commission’s Rules of Practice, the 22 15 U.S.C. 78f(b)(5). 13 ‘‘burden to demonstrate that a proposed See Notice, supra note 5, at 22213. 23 15 U.S.C. 78f(b)(8). 14 rule change is consistent with the [Act] See id. The Exchange notes, for example, that 24 See 15 U.S.C. 78f(b)(4), (5), and (8), the Exchange’s proposed Trading Rights Fee of $250 respectively. and the rules and regulations issued a month is ‘‘substantially lower’’ than the monthly 25 For purposes of temporarily suspending the thereunder . . . is on the [SRO] that $1,250 monthly Trading Rights Fee that Nasdaq proposed rule change, the Commission has 33 assesses on its members. Id. proposed the rule change.’’ The considered the proposed rule’s impact on 15 description of a proposed rule change, See id. efficiency, competition, and capital formation. See 16 See id. 15 U.S.C. 78c(f). 17 28 15 U.S.C. 78s(b)(2)(B). See id. 26 15 U.S.C. 78s(b)(3)(C). Once the Commission 29 18 See id. temporarily suspends a proposed rule change, 15 U.S.C. 78f(b)(4). 19 See 17 CFR 240.19b–4 (Item 3 entitled ‘‘Self- Section 19(b)(3)(C) of the Act requires that the 30 15 U.S.C. 78f(b)(5). Regulatory Organization’s Statement of the Purpose Commission institute proceedings under Section 31 15 U.S.C. 78f(b)(8). of, and Statutory Basis for, the Proposed Rule 19(b)(2)(B) to determine whether a proposed rule 32 See Notice, supra note 5, at 22213. Change’’). change should be approved or disapproved. 33 Rule 700(b)(3), Commission Rules of Practice, 20 See id. 27 15 U.S.C. 78s(b)(2)(B). 17 CFR 201.700(b)(3).

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its purpose and operation, its effect, and Comments may be submitted by any of whether the proposed rule change a legal analysis of its consistency with the following methods: should be approved or disapproved. applicable requirements must all be Electronic Comments For the Commission, by the Division of sufficiently detailed and specific to • Trading and Markets, pursuant to delegated support an affirmative Commission Use the Commission’s internet authority.39 finding,34 and any failure of an SRO to comment form (http://www.sec.gov/ Eduardo A. Aleman, provide this information may result in rules/sro.shtml); or • Send an email to rule-comments@ Deputy Secretary. the Commission not having a sufficient [FR Doc. 2019–14279 Filed 7–3–19; 8:45 am] basis to make an affirmative finding that sec.gov. Please include File Number SR– BILLING CODE 8011–01–P a proposed rule change is consistent CboeEDGA–2019–011 on the subject with the Act and the applicable rules line. and regulations.35 Paper Comments SECURITIES AND EXCHANGE The Commission is instituting • Send paper comments in triplicate COMMISSION proceedings to allow for additional to Secretary, Securities and Exchange [Release No. 34–86253; File No. 265–30] consideration and comment on the Commission, 100 F Street NE, issues raised herein, including as to Washington, DC 20549–1090. Fixed Income Market Structure whether the proposed fees are All submissions should refer to File Advisory Committee consistent with the Act, and Number SR–CboeEDGA–2019–011. This specifically, with its requirements that file number should be included on the AGENCY: Securities and Exchange exchange fees be reasonable and subject line if email is used. To help the Commission. equitably allocated; be designed to Commission process and review your ACTION: Notice of meeting. perfect the mechanism of a free and comments more efficiently, please use open market and the national market SUMMARY: only one method. The Commission will Notice is being provided that system, protect investors and the public post all comments on the Commission’s the Securities and Exchange interest, and not be unfairly internet website (http://www.sec.gov/ Commission Fixed Income Market discriminatory; or not impose an rules/sro.shtml). Copies of the Structure Advisory Committee will hold unnecessary or inappropriate burden on a public meeting on Monday, July 29, 36 submission, all subsequent competition. amendments, all written statements 2019 in Multi-Purpose Room LL–006 at the Commission’s headquarters, 100 F V. Commission’s Solicitation of with respect to the proposed rule Street NE, Washington, DC. The meeting Comments change that are filed with the Commission, and all written will begin at 9:30 a.m. (ET) and will be The Commission requests written communications relating to the open to the public. The meeting will be views, data, and arguments with respect proposed rule change between the webcast on the Commission’s website at to the concerns identified above as well Commission and any person, other than www.sec.gov. Persons needing special as any other relevant concerns. Such those that may be withheld from the accommodations to take part because of comments should be submitted by July public in accordance with the a disability should notify the contact 26, 2019. Rebuttal comments should be provisions of 5 U.S.C. 552, will be persons listed below. The public is submitted by August 9, 2019. Although available for website viewing and invited to submit written statements to there do not appear to be any issues printing in the Commission’s Public the Committee. The meeting will relevant to approval or disapproval Reference Room, 100 F Street NE, include updates and presentations from which would be facilitated by an oral Washington, DC 20549 on official the subcommittees. presentation of views, data, and business days between the hours of DATES: The public meeting will be held arguments, the Commission will 10:00 a.m. and 3:00 p.m. Copies of the on July 29, 2019. Written statements consider, pursuant to Rule 19b–4, any filing also will be available for should be received on or before July 24, request for an opportunity to make an inspection and copying at the principal 2019. oral presentation.37 office of the Exchange. All comments ADDRESSES: The meeting will be held at The Commission asks that received will be posted without change. the Commission’s headquarters, 100 F commenters address the sufficiency and Persons submitting comments are Street NE, Washington, DC. Written merit of the Exchange’s statements in cautioned that we do not redact or edit statements may be submitted by any of support of the proposal, in addition to personal identifying information from the following methods: any other comments they may wish to comment submissions. You should submit about the proposed rule change. Electronic Statements submit only information that you wish Interested persons are invited to to make available publicly. All • Use the Commission’s internet submit written data, views, and submissions should refer to File submission form (http://www.sec.gov/ arguments concerning the proposed rule Number SR–CboeEDGA–2019–011 and rules/other.shtml); or change, including whether the proposed should be submitted on or before July • Send an email message to rule- rule change is consistent with the Act. 26, 2019. Rebuttal comments should be [email protected]. Please include File submitted by August 9, 2019. Number 265–30 on the subject line; or 34 See id. 35 See id. VI. Conclusion Paper Statements 36 See 15 U.S.C. 78f(b)(4), (5), and (8). It is therefore ordered, pursuant to • Send paper statements in triplicate 37 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act 38 grants the Commission flexibility to determine what Section 19(b)(3)(C) of the Act, that File to Vanessa A. Countryman, Federal type of proceeding—either oral or notice and Number SR–CboeEDGA–2019–011 be Advisory Committee Management opportunity for written comments—is appropriate and hereby is, temporarily suspended. Officer, Securities and Exchange for consideration of a particular proposal by an In addition, the Commission is Commission, 100 F Street NE, SRO. See Securities Acts Amendments of 1975, Report of the Senate Committee on Banking, instituting proceedings to determine Washington, DC 20549–1090. Housing and Urban Affairs to Accompany S. 249, S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975). 38 15 U.S.C. 78s(b)(3)(C). 39 17 CFR 200.30–3(a)(57) and (58).

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All submissions should refer to File No. Securities and Exchange Commission and significant midpoint liquidity at 265–30. This file number should be (‘‘SEC’’ or ‘‘Commission’’) the proposed IEX. included on the subject line if email is rule change as described in Items I, II, As Commission Chairman Jay Clayton used. To help us process and review and III below, which Items have been noted in a recent speech, forty-three your statement more efficiently, please prepared by the Exchange. The million U.S. households hold a use only one method. The Commission Commission is publishing this notice to retirement or brokerage account, with will post all statements on the solicit comments on the proposed rule $3.6 trillion in balance sheet assets in Commission’s internet website at http:// change from interested persons. 128 million customer accounts serviced www.sec.gov/comments/265-30/265- I. Self-Regulatory Organization’s by more than 2,800 registered broker- 30.shtml. dealers.7 He also noted the importance Statements also will be available for Statement of the Terms of Substance of the Proposed Rule Change of continued broad, long-term retail website viewing and printing in the participation in our capital markets, and Commission’s Public Reference Room, Pursuant to the provisions of Section that retail investors count on the capital 100 F Street NE, Room 1580, 19(b)(1) under the Act,4 and Rule 19b– markets to fund major life events such Washington, DC 20549, on official 4 thereunder,5 IEX is filing with the as paying for their children’s higher business days between the hours of Securities and Exchange Commission education or funding their own 10:00 a.m. and 3:00 p.m. All statements (‘‘Commission’’) a proposed rule change retirements.8 received will be posted without change. to establish a Retail Price Improvement Against this backdrop, the Retail Persons submitting comments are Program. Program is designed to provide retail cautioned that we do not redact or edit The text of the proposed rule change investors with access to the Exchange’s personal identifying information from is available at the Exchange’s website at already deep pool of midpoint liquidity submissions. You should submit only www.iextrading.com, at the principal by introducing a new mechanism for information that you wish to make office of the Exchange, and at the retail-oriented liquidity provision, available publicly. Commission’s Public Reference Room. thereby providing enhanced FOR FURTHER INFORMATION CONTACT: opportunities for meaningful price David Dimitrious, Senior Special II. Self-Regulatory Organization’s Statement of the Purpose of, and improvement at the Midpoint Price. The Counsel, at (202) 551–5131, or Benjamin Exchange believes that introducing the Bernstein, Special Counsel, at (202) Statutory Basis for, the Proposed Rule Change Retail Program could provide retail 551–5354, Division of Trading and investors with better execution quality Markets, Securities and Exchange In its filing with the Commission, the than they are currently able to obtain Commission, 100 F Street NE, self-regulatory organization included through existing exchange and over-the- Washington, DC 20549–7010. statements concerning the purpose of counter (‘‘OTC’’) order retail programs, SUPPLEMENTARY INFORMATION: In and basis for the proposed rule change by attracting counterparty liquidity to accordance with Section 10(a) of the and discussed any comments it received the Exchange from Members and their Federal Advisory Committee Act, 5 on the proposed rule change. The text clients seeking to interact with retail U.S.C.-App. 1, and the regulations of these statements may be examined at liquidity.9 The Retail Program would thereunder, Brett Redfearn, Designated the places specified in Item IV below. therefore be consistent with the goals of Federal Officer of the Committee, has The self-regulatory organization has the Commission to encourage markets ordered publication of this notice. prepared summaries, set forth in that are structured to benefit ordinary Dated: July 1, 2019. Sections A, B, and C below, of the most investors,10 while facilitating order Vanessa A. Countryman, significant aspects of such statements. interaction and price discovery to the Committee Management Officer. A. Self-Regulatory Organization’s benefit of all market participants. [FR Doc. 2019–14345 Filed 7–3–19; 8:45 am] Statement of the Purpose of, and As proposed, through the Retail BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule Program, the Exchange would create a Change new class of market participants, Retail Member Organizations (‘‘RMOs’’), SECURITIES AND EXCHANGE 1. Purpose which would be eligible to submit COMMISSION Background certain retail order flow (‘‘Retail orders’’) to the Exchange. Any Exchange [Release No. 34–86241; File No. SR–IEX– IEX proposes to adopt new IEX Rule 2019–05] Member would be permitted to provide 11.232 to establish a Retail Price price improvement to Retail orders in Improvement Program (‘‘Retail Self-Regulatory Organizations; the form of interest that is priced to Program’’). As proposed, the Retail Investors Exchange LLC; Notice of execute at the Midpoint Price, including Program is designed to provide retail Filing of Proposed Rule Change To through a new Retail Liquidity Provider investors with meaningful price Establish a Retail Price Improvement improvement opportunities by 7 See The Evolving Market for Retail Investment Program 6 executing at the Midpoint Price such Services and Forward-Looking Regulation—Adding June 28, 2019. that Members will be incentivized to Clarity and Investor Protection while Ensuring Pursuant to Section 19(b)(1) 1 of the add midpoint orders to the Exchange Access and Choice, Chairman Jay Clayton, Commission (May 2, 2018), available at https:// Securities Exchange Act of 1934 above and beyond the already existing www.sec.gov/news/speech/speech-clayton-2018-05- (‘‘Act’’),2 and Rule 19b–4 thereunder,3 02. notice is hereby given that on June 20, 4 15 U.S.C. 78s(b)(1). 8 Id. 2019, the Investors Exchange LLC 5 17 CFR 240.19b–4. 9 See discussion infra on the desirability of (‘‘IEX’’ or the ‘‘Exchange’’) filed with the 6 The term ‘‘Midpoint Price’’ shall mean the interacting with retail liquidity. midpoint of the NBBO. See IEX Rule 1.160(t). The 10 See e.g., U.S. Securities and Exchange term ‘‘NBBO’’ shall mean the national best bid or Commission, Strategic Plan, Fiscal Years 2018– 1 15 U.S.C. 78s(b)(1). offer, as set forth in Rule 600(b) of Regulation NMS 2022, available at https://www.sec.gov/files/SEC_ 2 15 U.S.C. 78s(b)(1). under the Act, determined as set forth in IEX Rule Strategic_Plan_FY18-FY22_FINAL_0.pdf 3 17 CFR 240.19b–4. 11.410(b). (‘‘Commission Strategic Plan’’).

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(‘‘RLP’’) order that is only eligible to submitted by an individual.12 Retail broker-dealer that are designated as execute against a Retail order. orders would either be Discretionary Retail orders meet the definition of a IEX is already among the largest Peg or Midpoint Peg orders with a Time- Retail order. The RMO must: (i) Obtain exchanges when measuring the volume in-Force of IOC or FOK, and would only an annual written representation, in a of executions at the Midpoint Price. be eligible to trade at the Midpoint form acceptable to the Exchange, from Based on informal discussions with Price.13 each other broker-dealer that sends the several Members, IEX believes that some Second, the term ‘‘Retail Member RMO orders to be designated as Retail of the orders sent to IEX today that seek Organization’’ (or ‘‘RMO’’) would be orders that entry of such orders as Retail to access this midpoint liquidity defined as an IEX Member (or division orders will be in compliance with the originate with retail customers. thereof) that has been approved by the requirements of this Rule; and (ii) Furthermore, several IEX Members Exchange to submit Retail orders.14 monitor whether Retail order flow firms’ primary business is on behalf of Finally, the term ‘‘Retail Liquidity routed on behalf of such other broker- retail clients, which indicates that at Provider order’’ (or ‘‘RLP order’’) would dealers meets the applicable least some of IEX’s current midpoint be defined as a Discretionary Peg order requirements.17 executions result from incoming retail that is only eligible to execute against After an applicant submits the RMO orders seeking price improvement Retail orders through the execution application form, supporting compared to the NBBO, even if IEX does process described in proposed Rule documentation, and attestation, the 15 not currently have the means to identify 11.232(e). Exchange would notify the applicant of the exact percentage. IEX therefore Retail Member Organization the Exchange’s decision in writing. A expects that the introduction of Retail Qualifications and Approval Process disapproved applicant would be able to and RLP orders will result in a balanced request an appeal of such disapproval Under proposed IEX Rule 11.232, any by the Exchange and/or reapply for mix of retail brokerage firms and their IEX Member (or a division thereof) wholesaling partners submitting Retail RMO status 90 days after the could qualify as an RMO if it conducts disapproval notice is issued by the orders to IEX to access both IEX’s a retail business or handles retail orders existing midpoint liquidity and the Exchange. Additionally, an RMO may on behalf of another broker-dealer. Any voluntarily withdraw from such status additional midpoint liquidity IEX IEX Member that wishes to obtain RMO anticipates from the Retail Program. at any time by giving written notice to status would be required to submit: (1) the Exchange. If the Commission approves this An application form; (2) supporting proposed rule change, the Exchange will documentation sufficient to demonstrate Failure of Retail Member Organization submit a separate proposal to amend its the retail nature and characteristics of To Abide by Retail Order Requirements Price List in connection with the Retail the applicant’s order flow; 16 and (3) an The proposed Retail Program also sets Program. Under that proposal, the attestation, in a form prescribed by the forth procedures for addressing an Exchange would initially not charge any Exchange, that substantially all orders RMO’s failure to abide by the Retail fees for executions of either Retail submitted as Retail orders would meet Program’s Retail order requirements. If orders or RLP orders. the qualifications under proposed IEX an RMO designates orders submitted to Definitions Rule 11.232. the Exchange as Retail orders, and the An RMO would be required to have Exchange determines, in its sole The Exchange proposes to adopt the written policies and procedures discretion, that such orders fail to meet following definitions under existing IEX reasonably designed to assure that it any of the requirements set forth in Rule 11.190 (Orders and Modifiers) and will only designate orders as Retail proposed IEX Rule 11.232(a)(2), the proposed IEX Rule 11.232 (Retail Price orders if all requirements of a Retail Exchange may disqualify a Member Improvement Program). First, the term order are met. Such written policies and from its status as an RMO. When ‘‘Retail order’’ would be defined as an procedures must require the IEX disqualification determinations are agency or riskless principal order that Member to: (i) Exercise due diligence made, the Exchange shall provide a satisfies the criteria of FINRA Rule before entering a Retail order to assure written disqualification notice to the 5320.03, which is submitted by a Retail that entry as a Retail order is in Member. Member Organization, designated with a compliance with the requirements of Appeal of Disapproval or ‘‘Retail order’’ modifier, and reflects this Rule; and (ii) monitor whether Disqualification trading interest of a natural person, with orders entered as Retail orders meet the no change made to the terms of the applicable requirements. If an RMO Proposed IEX Rule 11.232(d) would underlying order of the natural person does not itself conduct a retail business provide a mechanism through which with respect to price (except in the case but routes Retail orders on behalf of Members could appeal either the of a market order that is changed to a another broker-dealer, the RMO’s Exchange’s disapproval of its marketable limit order) or side of supervisory procedures must be application to become an RMO or the market, and that does not originate from reasonably designed to assure that the Exchange’s disqualification of a a trading algorithm or any other orders it receives from such other previously-approved RMO from the computerized methodology.11 An order Retail Program. If a Member disputes from a natural person can include 12 Id. the Exchange’s decision to disapprove it orders submitted on behalf of accounts 13 See proposed Rule 11.232(a)(2). As with all as an RMO under proposed IEX Rule that are held in a corporate legal form— pegged orders, Retail orders may only trade during 11.232(b) or disqualify it as an RMO such as an Individual Retirement the Regular Market Session. See IEX Rule under IEX Rule 11.232(c), the Member 11.190(a)(3)(E). may request, within five business days Account, Corporation, or a Limited 14 See proposed Rule 11.232(a)(1). Liability Company—that have been 15 See proposed Rule 11.232(a)(3). after notice of the decision is issued by established for the benefit of an 16 For example, a prospective RMO could be the Exchange, that the RMO Panel individual or group of related family required to provide sample marketing literature, members, provided that the order is website screenshots, other publicly disclosed 17 FINRA, on behalf of the Exchange, will review materials describing the Member’s retail order flow, an RMO’s compliance with these requirements and any other documentation and information through an exam-based review of the RMO’s 11 See proposed Rule 11.190(15). requested by the Exchange. internal controls.

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(‘‘RMO Panel’’) review the decision to (2) User 1 22 enters a Retail Liquidity Comparison to Existing Retail Programs determine if it was correct. Provider order to buy ABC at $10.05 for As described above, the proposed The RMO Panel shall consist of the 500 shares. Retail Program is a simple approach Exchange’s Chief Regulatory Officer (3) User 2 then enters an unpriced designed to provide retail investors with (‘‘CRO’’), or a designee of the CRO, and Discretionary Peg order to buy 500 the opportunity for meaningful price two officers of the Exchange designated shares of ABC. improvement (by executing at the by the Exchange’s Chief Operating (4) User 3 then enters a Midpoint Peg Midpoint Price), by attracting Officer (‘‘COO’’). The RMO Panel shall counterparty liquidity to the Exchange review the facts and render a decision order to buy 500 shares of ABC at $10.04. from Members and their clients seeking within the time frame prescribed by the to interact with retail liquidity. Exchange. The RMO Panel may overturn Example 1: RMO enters a Retail order IEX understands that many or modify an action taken by the to sell 800 shares of ABC. The order will professional market participants, such Exchange under proposed IEX Rule first execute against the full size of User as market makers, view interacting with 11.232. A determination by the RMO 2’s buy order, and then execute against orders of retail investors as more Panel shall constitute final action by the 300 shares of User 1’s buy order, at desirable than interacting with orders of Exchange. which point the entire size of the Retail other professional market participants. Additionally, under the proposed order to sell 800 shares is depleted. In For example, as the Commission staff Retail Program, any IEX Member that this example the Retail order does not noted in a 2016 memorandum to the was either disapproved as an RMO execute against User 3’s buy order Equity Market Structure Advisory under proposed IEX Rule 11.232(b) or because the order is not priced to Committee (‘‘EMSAC Memorandum’’), disqualified as an RMO under IEX Rule execute at 10.05, the current Midpoint ‘‘[m]arket makers are interested in retail 11.232(c) could reapply for RMO status Price. customer order flow because retail a minimum of 90 days after the date it Example 2: Assume the same facts investors are, on balance, less informed receives its disapproval or above, except that User 2’s unpriced than other traders about short-term price disqualification notice from the Discretionary Peg order to buy ABC is movements . . . [and t]rading against Exchange. for 100 shares. The incoming Retail retail customer order flow enables Priority and Order Allocation order to sell 800 shares executes first market makers to avoid adverse As proposed, Retail Liquidity against User 2’s buy order for 100 shares selection by informed professional Provider orders in the same security at $10.05, then against User 1’s buy traders and to more reliably profit from would be ranked and allocated order for 500 shares at $10.05. The market-making activity.’’ The EMSAC according to price then time of entry Retail order still does not execute Memorandum also described that into the System.18 Retail orders would against User 3’s buy order because the ‘‘[a]fter market makers internalize the relatively uninformed retail customer seek to execute upon entry into the order is not priced to execute at 10.05, order flow, the informed order flow that System at the Midpoint Price.19 Retail the current Midpoint Price. The Retail remains is left for the exchanges to Liquidity Provider orders would interact order is filled for 600 shares and the absorb . . . [and that t]ypically, dealers with Retail orders as follows: balance of 200 shares is cancelled back A Retail order will seek to execute to the RMO. that pay to receive retail customer order flow will guarantee executions of that upon entry into the System at the Example 3: Assume the same facts as order flow with some amount of average Midpoint Price against orders resting on Example 1, except that User 3 enters a price improvement over the national the Order Book in price/time priority in non-displayed limit order to buy 300 best bid or offer (‘‘NBBO’’) and with a accordance with Rule 11.230, subject to shares of ABC at 10.05. The incoming separate payment to retail brokers for the following: Retail order to sell 800 shares executes 23 A Retail order to buy (sell) shall directing customer orders to them.’’ first against User 3’s order for 300 shares Consistent with the EMSAC execute upon entry against sell (buy) (because it has priority over User 2’s Memorandum’s conclusions, and based orders resting on the Order Book in the Discretionary Peg order pursuant to IEX on informal discussions with market following order: Rule 11.220(a)(C)(viii)) and then against participants and the knowledge and (1) Displayed sell (buy) orders at the User 2 for the remaining 500 shares, NBO 20 (NBB) during a locked or crossed experience of its staff, IEX believes that completing the Retail order’s 800 share market makers and other sophisticated market; quantity. User 1’s buy order is not (2) non-displayed orders priced to market participants generally value executed because it is ranked behind interacting with retail orders because trade at the Midpoint Price; followed by Users 2 and 3. (3) Retail Liquidity Provider orders they are smaller and not likely to be part priced to trade at the Midpoint Price. Implementation of a larger parent order that can move The following examples illustrate a stock price, causing a loss to the how IEX would handle orders under The Exchange proposes that all market maker. For example, a retail this proposed new rule: securities traded on the Exchange would order to buy 200 shares is probably just Assume the following facts: be eligible for inclusion in the Retail an order for 200 shares. In contrast, a (1) NBBO for security ABC is $10.00– Program. Assuming that the 200-share buy order from a more $10.10.21 Commission approves this proposed sophisticated institutional market rule change, the Exchange will participant may be part of a 100,000- 18 See proposed Rule 11.132(e)(1). implement the proposed rule change share parent order. If the market maker 19 See proposed Rule 11.132(e)(2). within 90 days of approval and provide sells to the 200-share child order, 20 The term ‘‘NBO’’ shall mean the national best at least ten (10) days’ notice to Members offer, and the term ‘‘NBB’’ shall mean the national and market participants of the 23 See January 26, 2016 Memorandum entitled best bid, as set forth in Rule 600(b) of Regulation implementation timeline. ‘‘Certain Issues Affecting Customers in the Current NMS under the Act, determined as set forth in IEX Equity Market Structure’’ from the staff of the Rule 11.410(b). Commission’s Division of Trading and Markets, 21 For purposes of these examples, assume it is 22 The term ‘‘User’’ shall mean any Member or available at https://www.sec.gov/spotlight/equity- not a period of quote instability as set forth in IEX Sponsored Participant who is authorized to obtain market-structure/issues-affecting-customers-emsac- Rule 11.190(g). access to the System pursuant to IEX Rule 11.130. 012616.pdf.

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execution of the balance of the parent pricing of the contra-side non-displayed than other liquidity providing orders by order may move the market up above order. IEX’s proposed Retail Program virtue of the ability to provide subpenny the price at which the market maker would also provide greater price pricing, which results in immaterial sold. improvement than the Current Retail price improvement. IEX believes that its The proposed rule change leverages Pilot Programs because those three retail approach is superior because it would IEX’s existing market structure to pilot programs also allow for execution provide for meaningful price provide enhanced price improvement at sub-penny prices, as opposed to the improvement without complicating the opportunities for retail customers by IEX proposal which would only allow market with orders priced and ranked incentivizing Members and their clients for execution at the Midpoint Price. based on immaterial, nonstandard to provide liquidity to the orders of • RLP orders available to all subpenny increments. IEX also believes retail investors. The IEX Retail Program Members. Unlike the NYSE RLP, IEX’s that it is appropriate for RLP orders to is similar to NYSE Rule 107C, governing Retail Program will not limit or have lower priority than other orders NYSE’s Retail Liquidity Program discriminate among its Members and priced to trade at the Midpoint Price (‘‘NYSE RLP’’) which was recently their clients, and will allow all Members because RLP orders are only available to approved on a permanent basis by the and their clients to submit RLP orders Retail orders. Commission.24 The proposed rule that seek to interact and provide price • No exception relief needed for tick change is similar to the NYSE RLP with improvement to incoming Retail orders. size trading increments. The IEX Retail a few key distinctions, as described Because the order type is designed to Program will operate in accordance with below. The proposed Retail Program is create as much new price improvement existing tick size trading increments. also similar to the Commission- opportunity for retail investors as IEX is not requesting any exemptive approved retail pilot programs of NYSE possible, IEX does not believe that there relief in order to enable ranking and/or Arca,25 Cboe BYX 26 and Nasdaq BX 27 is any reason to limit usage to a pricing orders in otherwise (‘‘Current Retail Pilot Programs’’), also privileged group of Members. This impermissible increments. As described with several differences as highlighted aspect of the IEX Retail Program is above, this approach avoids enabling below. similar to the Current Retail Pilot immaterial price improvement, as well • More price improvement for retail Programs, which also do not limit as the concomitant complexity that such investors. The proposed rule change which Members can submit specialized an approach can lead to. would provide more price improvement retail liquidity providing orders that • No impact on order book priority. for retail customers than the NYSE RLP, only interact with retail orders. IEX’s approach will also not impact because a Retail order on IEX could only • No dissemination of data order book priority, as is the case with execute at the Midpoint Price, as identifying Retail orders on proprietary the proposal by Cboe EDGX Exchange, opposed to the minimum $.001 price data feeds. IEX would not disseminate Inc to introduce retail order priority.30 improvement that the NYSE RLP can when an RLP order is on the order book The Exchange believes that the above provide.28 IEX believes that its approach on any proprietary data feeds, as distinctions between its proposed rule is preferable because executed Retail opposed to the NYSE RLP and the change and the NYSE RLP and Current orders in stocks priced equal to or Current Retail Pilot Programs, each of Retail Pilot Programs reflect a simple greater than $1.00 will receive a which disseminates retail liquidity approach designed to provide better minimum of $0.005 in price providing orders on its proprietary data execution quality to retail investors, at improvement (half of the smallest bid/ feeds. IEX believes that such a lower cost. ask spread) compared to lesser amounts dissemination could create unnecessary in the NYSE RLP 29 and the amount of complexity, as well as a skewed and Modification to Rule 11.340 price improvement is transparent by unduly limited view of the liquidity Finally, the Exchange proposes to rule, rather than being dependent on the available to trade with Retail orders. delete Rule 11.340(d)(4), which RLP orders on IEX will simply be more currently states in relevant part that the 24 See Securities Exchange Act Release No. 85160 dark liquidity priced to execute at the Exchange does not operate a retail (February 15, 2019), 84 FR 5754 (February 22, 2019) Midpoint Price. As described above, liquidity program. If the Commission (SR–NYSE–2018–28) (approving NYSE RLP on a Retail orders will be able to execute approves the proposed Retail program, permanent basis). See also SR–NYSE–2019–26, Securities Exchange Act Release No. 85930 (May against any order priced to execute at the text in Rule 11.340(d)(4) would no 23, 2019) adopting substantially similar rules for the Midpoint Price and RLP orders are longer be accurate, and should therefore securities traded on the NYSE Pillar Platform on an just additive. Even in the absence of be deleted. immediately effective basis. resting RLP orders, a Retail order could 25 See Securities Exchange Act Release No. 71176 execute against existing order types. 2. Statutory Basis (December 23, 2013), 78 FR 79524 (December 30, 2013) (SR–NYSEArca–2013–107) (approving NYSE Thus, there will be no impact on The proposed rule change is Arca retail pilot program). consolidated or proprietary market data consistent with Section 6(b) of the 26 See Securities Exchange Act Release No. 68303 feeds, no flickering disseminations, and Act,31 in general, and furthers the (November 27, 2012), 77 FR 71652 (December 3, no inadvertent incentive to only route objectives of Section 6(b)(5),32 in 2012) (SR–BYX–2012–019) (approving Cboe BYX particular, in that it is designed to retail pilot program). Retail orders to IEX when the presence 27 See Securities Exchange Act Release No. 73702 of RLP order interest is being prevent fraudulent and manipulative (November 28, 2014), 79 FR 72049 (December 4, disseminated. acts and practices, to promote just and 2014) (SR–BX–2014–048) (approving NASDAQ BX • Uniform execution priority. Retail equitable principles of trade, to foster retail pilot program). orders on IEX would execute against cooperation and coordination with 28 The Exchange is not seeking an exemption available contra-side interest in a persons engaged in facilitating under Rule 612 of Regulation NMS with respect to the ‘‘Sub-Penny Rule’’ because it will not accept or uniform manner, with RLP orders rank orders priced greater than $1.00 per share in having lower priority than other 30 See Securities Exchange Act Release No. 85482 an increment smaller than $0.01. liquidity providing orders priced to (April 2, 2019), 84 FR 13729 (April 5, 2019) (SR– 29 See supra note 24, at 5759 (‘‘Table 1’’), which trade at the Midpoint Price. In contrast, CboeEDGX–2019–012) (proposing rule change to reflects average price improvement of $0.0014– give order book priority for equity orders submitted $0.0019 during the period January 2016–December the NYSE RLP and Current Retail Pilot on behalf of retail investors). 2017. The NYSE RLP is limited to securities priced Programs enable retail liquidity 31 15 U.S.C. 78f(b). equal to or greater than $1.00. providing orders to gain higher priority 32 15 U.S.C. 78f(b)(5).

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transactions in securities, and to remove goal for fiscal years 2018 to 2022. The segmented pool of liquidity providing impediments to and perfect the Exchange believes its Retail Program orders of privileged members. mechanism of a free and open market would serve the retail investing public IEX believes that its proposed and a national market system, and, in by providing them with the opportunity eligibility criteria for submission of a general, to protect investors and the for meaningful price improvement on Retail order are consistent with the Act public interest. Specifically, the eligible trades. in that they are designed to provide Exchange believes that the proposed The Exchange notes that several other reasonable assurance that such orders rule change is consistent with these national securities exchanges, including are on behalf of actual retail investors, principles because it is designed to NYSE as described herein, have for as opposed to professional market increase competition among execution several years operated retail liquidity participants. In this regard, IEX notes venues and offer the potential for programs that include market that the definition of a Retail order meaningful price improvement to orders segmentation whereby retail orders clearly specifies that it must reflect the of retail investors, including through receive execution priority in specified trading interest of a natural person incentivizing market participants to circumstances.35 A NYSE rule filing to (including orders placed on behalf of provide additional liquidity to execute make its retail liquidity pilot program accounts held in a corporate legal form against the orders of retail investors. permanent was recently approved by such as Individual Retirement As discussed in the Purpose section, the Commission notwithstanding Accounts, so long as the order is IEX’s proposed Retail Program is a market segmentation. IEX understands submitted by an individual) without simple, transparent approach designed that these programs were designed to algorithmic or computerized to provide opportunities for meaningful promote competition for retail order methodology changes to the order price improvement for Retail orders by flow among execution venues, most of (except to change a market order to a incentivizing additional non-displayed which continues to be executed in the marketable limit order). Further, as resting interest priced to trade at the OTC markets rather than on proposed, a Retail order can only be Midpoint Price. exchanges.36 Similarly, IEX’s Retail submitted by a Member that has been Section 6(b)(5) of the Act prohibits an Program is designed to provide an approved by IEX as an RMO, based exchange from establishing rules that additional competitive alternative for upon appropriate criteria that provide treat market participants in an unfairly retail orders. IEX believes that it is reasonable assurances to IEX that the discriminatory manner. However, appropriate to provide incentives to RMO will only identify orders as Retail Section 6(b)(5) of the Act does not bring more retail order flow to a public orders in conformance with applicable prohibit exchange members or other exchange. As described in the Purpose IEX rules, as proposed. The proposed broker-dealers from discriminating, so section, these incentives include the criteria and approval process are long as their activities are otherwise opportunity for retail orders to receive substantially similar to the definition of consistent with the federal securities meaningful price improvement, while Retail Order in NYSE Rule 107C(a)(3) as laws. And IEX understands that broker- also providing all Members with the well as comparable provisions of the dealers commonly differentiate between opportunity to execute against such rules of Current Retail Pilot Programs. customers based on the nature and orders. The definition also includes additional profitability of their business. clarifying text to explicitly include While the Retail Program would IEX believes that the proposed distinctions between its Retail Program orders placed on behalf of accounts held differentiate among its Members, the in a corporate legal form such as and the NYSE RLP, as well as similar Exchange believes that such Individual Retirement Accounts so long Current Retail Pilot Programs, will differentiation is not unfairly as the order is submitted by an enhance competition among exchange discriminatory but rather is designed to individual, which is based on the venues. IEX further believes that this promote a competitive process for retail definition of ‘‘Designated Retail Order’’ structure is designed to foster executions while providing retail in the Nasdaq Stock Market (‘‘Nasdaq’’) competition among exchanges and OTC investors with the potential to receive pricing schedule.37 Thus, IEX does not markets, as well as to protect investors meaningful price improvement. There is believe that its proposed criteria and and the public interest, and is therefore ample precedent for differentiation of approval process for submission of consistent with the Act. IEX also retail order flow in the existing Retail orders raises any new or novel believes that the segmentation in its approved programs of other national issues not already considered by the securities exchanges.33 As the Retail Program, as proposed, is less Commission. Commission has recognized, retail order significant than in the NYSE RLP and IEX also believes that the proposed segmentation was designed to create the Current Retail Pilot Programs for RMO approval, disapproval, and additional competition for retail order two reasons. First, non-RLP orders disqualification rules are consistent flow, leading to additional retail order priced to execute at the Midpoint Price with the Act in that they provide a fair flow to the exchange environment and have higher priority than RLP order. process for determining whether a ensuring that retail investors benefit And second, any Member, or clients Member qualifies as an RMO, as well as from the better price that liquidity thereof, can enter an RLP order. This for appeals of denials thereof. These providers are willing to give their structure is designed to facilitate a processes are also substantially similar orders.34 broader interaction between Retail to comparable provisions in NYSE Rule The Commission consistently orders and those of all IEX market 107C(b) and the rules of Current Retail highlights the need to ensure that the participants, rather than a more Pilot Programs. U.S. capital markets are structured with constrained approach whereby retail The Exchange further believes that it the interests of retail investors in mind, orders interact primarily with a is consistent with the Act to structure its and recently highlighted its focus on the proposed Retail Program such that a ‘‘long-term interest of Main Street 35 See NYSE Rule 107C, NYSE Arca Equities Rule Retail order must be a Discretionary Peg Investors’’ as its number one strategic 7.44, Cboe Rule 11.24, and NASDAQ BX Rule 4780. order or Midpoint Peg order with a 36 See Securities Exchange Act Release No. 67347 (July 3, 2012), 77 FR 40673, 40679 (July 10, 2012) Time-in-Force of IOC or FOK, and is 33 See supra notes 24, 25, 26, and 27. (SR–NYSE–2011–55) (order approving NYSE RLP 34 See supra note 24 at 40679. pilot program). 37 See Equity 7, Section 118.

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only eligible to trade at the Midpoint mechanism of a free and open market desirable. Further, IEX understands that Price. As described above, the Exchange and a national market system, and some market participants may be has structured its proposed Retail further the investor protection and hesitant to enter resting interest to trade Program to provide that Retail orders public interest objectives of Section 6(b) in public markets because of the risk of will trade at the Midpoint Price, so that of the Act, by establishing a structure being subjected to latency arbitrage by such orders receive meaningful price that is designed to facilitate the more sophisticated market participants improvement. Further, and as discussed provision of meaningful price leveraging fast proprietary market data in the Purpose section, only permitting improvement for orders of retail feeds and connectivity along with Retail orders to be executed at the investors. predictive strategies to chase short-term Midpoint Price is designed to be a The Exchange believes that its priority price momentum and successfully target simple approach that does not introduce and order execution approach for the resting orders at unstable prices. IEX unnecessary complexity to the order Retail Program is consistent with the also believes that retail investors are entry and execution process on IEX. All Act. As discussed in the Purpose unlikely to have such technological orders, including Retail orders, will section, the Exchange understands that advantages and as a result, certain continue to be priced and ranked in a large majority of orders from retail market participants, including buy-side standard increments and pursuant to investors are executed in the OTC and other fundamental investors, may existing priority. market, and exchange retail programs be more willing to enter resting interest The Exchange believes that have not attracted a significant to trade on a public exchange, and to introducing a program that provides and volume.40 While there are likely a allow that interest to rest for a longer encourages additional liquidity and variety of reasons for this, the IEX Retail period of time, if they were assured that price improvement to Retail orders is Program is designed to provide their orders would not be subject to appropriate because retail investors are meaningful incentives for Members to latency arbitrage by more sophisticated typically less sophisticated than send orders of retail investors to IEX as market participants. As the stock and professional market participants and well as for market participants to exchange trading product values therefore would not have the type of provide liquidity to Retail orders. fluctuate throughout the day, technology to enable them to compete Currently, retail orders are routed across professional market participants will be with such market participants. different wholesalers and dark pools. able to utilize the RLP order type to Therefore, the Exchange believes that it The Exchange believes that creating an provide liquidity to Retail orders at is consistent with the public interest exchange retail program specifically times when they might otherwise be and the protection of investors to designed to provide midpoint unwilling to do so because of the provide retail investors with these executions for retail investors will help differences between Retail and non- enhanced opportunities. grow that overall opportunity for Retail orders described above. These In addition, the Exchange believes exchange price improvement and market participants would have the that providing for execution of Retail introduce additional, healthy additional flexibility to submit both RLP orders only at the Midpoint Price is also competition to the benefit of the retail and non-RLP mid-point orders, and designed to facilitate Members’ investor. switch between them based on intraday compliance with their best execution As discussed in detail above, the values, resulting in enhanced mid-point obligations when acting as agent on Exchange believes that the opportunity liquidity throughout the trading day. behalf of a Retail order.38 Specifically, to obtain meaningful price improvement Thus, IEX believes that by providing as noted in FINRA Regulatory Notice for Retail orders should operate as a an order type that only executes against 15–46 (Guidance on Best Execution powerful incentive for Members to send retail orders, other market participants Obligations in Equity, Options and retail orders to IEX. Based on publicly may be incentivized to enter additional Fixed Income Markets), when available information, IEX notes that resting interest on IEX. Accordingly, the conducting its review of execution other exchange retail programs provide Exchange further believes that it is quality in any security, a firm should less price improvement overall,41 and consistent with the Act for RLP orders consider, among other things, whether it believes that OTC retail programs to only execute against Retail orders so could obtain mid-point price guarantee to execute retail orders at as to incentivize the entry of RLP orders improvement on one venue versus less prices better than the NBBO but not and thereby provide meaningful price price improvement on another venue.39 necessarily at the midpoint of the improvement to Retail orders. In The Exchange also believes that NBBO.42 While IEX typically has a deep addition, to the extent that the RLP specifying that a Retail order must be pool of non-displayed liquidity priced order structure is successful in Discretionary Peg order or Midpoint Peg to execute at the Midpoint Price, a key incentivizing the entry of resting order with a Time-in-Force of IOC or aspect of IEX’s Retail Program is to interest by buy-side and other FOK is designed to maximize the further incentivize Members and their fundamental investors, it would reduce opportunity for such orders to be clients to enter additional non- unnecessary intermediation of Retail executed on IEX and receive such price displayed interest, including interest orders, which is consistent with the improvement against resting interest on that will only trade with Retail orders. purposes of Section 6(b)(5) of the Act to IEX priced to trade at the Midpoint As discussed in the Purpose section, remove impediments to and perfect the Price. Thus, IEX believes that this IEX believes that many professional mechanism of a free and open market approach is designed to remove market participants view interacting and a national market system as well as impediments to and perfect the with orders of retail investors as with Section 11A of the Act in that it is designed to provide enhanced 38 All IEX Members that handle customer orders 40 See supra note 24, at 5762 (‘‘Although the opportunities for investor orders to be as agent are required to be FINRA members, and Program provides the opportunity to achieve executed without the participation of a therefore are subject to FINRA guidance. See 17 significant price improvement, the Program has not dealer, as described above.43 CFR 240.15b9–1(a). generated significant activity.... The Program’s At the same time, the Exchange 39 See FINRA Regulatory Notice 15–46, endnote share of NYSE volume during [in 2016–17] was 25 available at: https://www.finra.org/sites/default/ below 0.4%’’). believes that, given the benefit of files/notice_doc_file_ref/Notice_Regulatory_15- 41 See e.g., supra note 29. 46.pdf. 42 See supra note 23. 43 15 U.S.C. 78k–1(a)(1)(c)(v).

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trading only with Retail orders, it is enhance competition and execution Electronic Comments consistent with the Act for RLP orders quality for retail order flow among • to have lower execution priority than execution venues and contribute to the Use the Commission’s internet other orders priced to trade at the public price discovery process. comment form (http://www.sec.gov/ Midpoint Price. IEX believes that a The Exchange does not believe that rules/sro.shtml); or healthy market includes interaction the proposed rule change will impose • Send an email to rule-comments@ between a diverse array of market any burden on intermarket competition sec.gov. Please include File Number SR– participants and is not seeking to since competing venues have and can IEX–2019–05 on the subject line. establish a segmented pool within the continue to adopt similar retail Exchange. Accordingly, IEX believes programs, subject to the SEC rule Paper Comments that providing other orders priced to change process. The Exchange operates • Send paper comments in triplicate trade at the Midpoint Price with higher in a highly competitive market in which to Secretary, Securities and Exchange priority is an appropriate balancing of market participants can easily direct these competing considerations. their orders to competing venues, Commission, 100 F Street NE, Finally, the Exchange believes that including off-exchange venues. Washington, DC 20549–1090. the deletion of Rule 11.340(d) pertaining The Exchange also does not believe All submissions should refer to File to the expired Tick Size Pilot Plan,44 that the proposed rule change will Number SR–IEX–2019–05. This file which currently states in relevant part impose any burden on intramarket number should be included on the that the Exchange does not operate a competition that is not necessary or subject line if email is used. To help the appropriate in furtherance of the retail liquidity program is consistent Commission process and review your purposes of the Act. While orders with the Act because, if the Commission comments more efficiently, please use approves the proposed rule change, the submitted by some Members will be only one method. The Commission will provision will be inaccurate. treated differently, as described in the post all comments on the Commission’s Notwithstanding that the Tick Size Pilot Purpose section, those differences are internet website (http://www.sec.gov/ expired at the close of trading on not based on the type of Member September 28, 2018, continued entering orders but on whether the order rules/sro.shtml). Copies of the inclusion of this provision could is for a retail customer, and there is no submission, all subsequent engender confusion on the part of restriction on whether a Member can amendments, all written statements Members and other market participants handle retail customer orders. Further, with respect to the proposed rule as to IEX’s Retail Program. any Member can enter an RLP order. change that are filed with the Consequently, the Exchange believes Finally, the Exchange does not believe Commission, and all written that it is consistent with the Act to that deleting Rule 11.340(d), pertaining communications relating to the delete the provision to ensure accuracy to the expired Tick Size Pilot Plan, will proposed rule change between the and consistency in IEX’s rules. impose any burden on competition Commission and any person, other than In sum, the Exchange submits that its since it is merely designed to remove a those that may be withheld from the proposed Retail Program is a simple conflicting rule provision. public in accordance with the approach designed to provide an C. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be opportunity for retail customers’ orders Statement on Comments on the available for website viewing and to receive meaningful price Proposed Rule Change Received From printing in the Commission’s Public improvement in a manner consistent Members, Participants, or Others Reference Room, 100 F Street NE, with the approved retail programs of Washington, DC 20549 on official other exchanges, but without certain Written comments were neither solicited nor received. business days between the hours of complexities that IEX believes are 10:00 a.m. and 3:00 p.m. Copies of the unnecessary for its program. Thus, IEX III. Date of Effectiveness of the filing also will be available for believes that the proposed Retail Proposed Rule Change and Timing for inspection and copying at the principal Program is consistent with the Act in Commission Action offices of the Exchange. All comments that it is designed to remove Within 45 days of the date of received will be posted without change. impediments to and perfect the publication of this notice in the Federal Persons submitting comments are mechanism of a free and open market Register or within such longer period (i) and a national market system, and, in cautioned that we do not redact or edit as the Commission may designate up to general, to protect investors and the personal identifying information from 90 days of such date if it finds such public interest. Further, IEX does not comment submissions. You should longer period to be appropriate and believe that the proposal raises any new submit only information that you wish publishes its reasons for so finding or or novel issues not already considered to make available publicly. All (ii) as to which the Exchange consents, by the Commission. submissions should refer to File the Commission shall: (a) By order Number SR–IEX–2019–05, and should B. Self-Regulatory Organization’s approve or disapprove such proposed be submitted on or before July 26, 2019. Statement on Burden on Competition rule change, or (b) institute proceedings For the Commission, by the Division of The Exchange does not believe that to determine whether the proposed rule change should be disapproved. Trading and Markets, pursuant to delegated the proposed rule change will impose authority.45 any burden on competition that is not IV. Solicitation of Comments necessary or appropriate in furtherance Eduardo A. Aleman, Interested persons are invited to of the purposes of the Act. To the Deputy Secretary. submit written data, views, and contrary, IEX believes that introducing a [FR Doc. 2019–14277 Filed 7–3–19; 8:45 am] arguments concerning the foregoing, Retail Program would continue to BILLING CODE 8011–01–P including whether the proposed rule 44 See IEX Trading Alert #2018–035 (Tick Size change is consistent with the Act. Pilot Program Expiration), available at https:// Comments may be submitted by any of iextrading.com/alerts/#/35. the following methods: 45 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Regulation A of the Securities Act.9 offering and list before the new rules COMMISSION Specifically, the Exchange proposed to become effective.15 require any company listing on the The Commission received one [Release No. 34–86246; File No. SR– comment letter in support of the Nasdaq NASDAQ–2019–017] Exchange in connection with an offering under Regulation A 10 to have a proposal.16 The commenter noted that Self-Regulatory Organizations; The minimum operating history of two years companies relying on Regulation A are Nasdaq Stock Market LLC; Order at the time of approval of its initial subject to less burdensome accounting Granting Approval of a Proposed Rule listing application.11 and disclosure standards than Change To Adopt Additional companies conducting a traditional The Exchange stated in its proposal 17 Requirements for Listings in initial public offering on Form S–1. that it has observed problems with The commenter agreed with Nasdaq that Connection With an Offering Under certain companies listing on the Regulation A of the Securities Act its proposal will ‘‘. . . help assure that Exchange in connection with an offering [listed] companies have more 12 June 28, 2019. under Regulation A. Nasdaq also established business plans and a history noted, among other things, that of operations upon which investors can I. Introduction Regulation A offering statements have rely’’ and that such more seasoned On April 5, 2019, The Nasdaq Stock lighter disclosure requirements as companies are more likely to be ready Market LLC (‘‘Nasdaq’’ or the compared to a traditional initial public for the rigors of being a public ‘‘Exchange’’) filed with the Securities offering on Form S–1.13 company.18 and Exchange Commission The Exchange stated that it believes III. Discussion and Commission (‘‘Commission’’), pursuant to Section that the proposed new minimum two- Findings 19(b)(1) of the Securities Exchange Act year operating history requirement will of 1934 (‘‘Exchange Act’’) 1 and Rule help assure that a company listing in After careful review, the Commission 19b–4 thereunder,2 a proposed rule connection with an offering under finds that the proposed rule change is change to adopt a new initial listing Regulation A has a more established consistent with the requirements of the requirement for any company applying business plan and a history of Exchange Act and the rules and to list on the Exchange in connection regulations thereunder applicable to a operations upon which investors can 19 with an offering under Regulation A 3 of rely, has been able to fund the initial national securities exchange. In the Securities Act of 1933 (‘‘Securities phase of its operations, and will be more particular, the Commission finds that 4 the proposed rule change is consistent Act’’). The proposed rule change was likely to be ready for the rigors of being with Section 6(b)(5) of the Exchange published for comment in the Federal a public company, including satisfying 5 Act,20 which requires, among other Register on April 24, 2019. The the Commission’s and Exchange’s things, that the rules of a national Commission received one comment in reporting and corporate governance 6 securities exchange be designed to support of the proposed rule change. requirements. The Exchange stated prevent fraudulent and manipulative On June 7, 2019, pursuant to Section these are important benefits given the 7 acts and practices, to promote just and 19(b)(2) of the Act, the Commission lighter disclosure requirements designated a longer period within which equitable principles of trade, and, in associated with Regulation A general, to protect investors and the to approve the proposed rule change, offerings.14 disapprove the proposed rule change, or public interest; and are not designed to institute proceedings to determine Nasdaq proposed that this proposed permit unfair discrimination between whether to approve or disapprove the rule change be effective 30 days after customers, issuers, brokers, or dealers. proposed rule change.8 This order approval by the Commission, and stated The development and enforcement of approves the proposed rule change. that such 30-day delay would allow meaningful listing standards for an companies that have substantially exchange is of critical importance to II. Description and Summary of completed the Nasdaq review process, financial markets and the investing Comment or are near completion of their offering, public. Among other things, listing The Exchange proposed to adopt a a short opportunity to complete that standards provide the means for an new initial listing requirement for exchange to screen issuers that seek to companies listing on the Exchange in 9 The Exchange stated that its staff has also become listed, and to provide listed connection with an offering under adopted heightened review procedures for status only to those that are bona fide companies applying to list on the Exchange in companies with sufficient public float, connection with an offering under Regulation A. investor base, and trading interest likely 1 15 U.S.C. 78s(b)(1). See Notice, supra note 5, at 17225. 2 to generate depth and liquidity 17 CFR 240.19b–4. 10 Regulation A of the Securities Act was 3 17 CFR 230.251–230.263. amended in 2015 to implement provisions of the sufficient to promote fair and orderly 4 15 U.S.C. 77a et seq. Jumpstart Our Business Startups Act. Among other markets. Meaningful listing standards 5 See Securities Exchange Act Release No. 85687 things, such amendments provide for an exemption also are important given investor (April 18, 2019), 84 FR 17224 (April 24, 2019) from registration under the Securities Act for expectations regarding the nature of securities offerings of up to $50 million in a 12- (‘‘Notice’’). securities that have achieved an 6 See Letter from Jeffrey P. Mahoney, General month period. See Securities Exchange Act Release Counsel, Council of Institutional Investors, dated No. 74578 (March 25, 2015), 80 FR 21805 (April 20, May 2, 2019 (‘‘CII Letter’’), available at https:// 2015) (Amendments for Small and Additional 15 See id. www.sec.gov/comments/sr-nasdaq-2019-017/ Issues Exemptions Under the Securities Act 16 See CII Letter, supra note 6. srnasdaq2019017-5441017-184816.pdf. (Regulation A); Final Rule) (‘‘Regulation A 17 See id. at 2. 7 15 U.S.C. 78s(b)(2). Adopting Release’’). 18 See id. at 3. The commenter also raised 11 8 See Securities Exchange Act Release No. 86067 See proposed Rule 5210(j). additional issues that were beyond the scope of the (June 7, 2019), 84 FR 27672 (June 13, 2019). The 12 See Notice, supra note 5, at 17225 (citing to Commission’s review of this rule proposal. Commission designated July 23, 2019, as the date Securities and Exchange Commission vs. Longfin 19 15 U.S.C. 78f(b). In approving this proposed by which the Commission shall approve the Corp., Case No. 18-cv-2977 (DLC) (S.D.N.Y., filed rule change, the Commission has considered the proposed rule change, disapprove the proposed rule April 4, 2018), available at https://www.sec.gov/ proposed rule change’s impact on efficiency, change, or institute proceedings to determine litigation/complaints/2018/comp-pr2018-61.pdf). competition, and capital formation. See 15 U.S.C. whether to approve or disapprove the proposed rule 13 See id. 78c(f). change. 14 See id. 20 15 U.S.C. 78f(b)(5).

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exchange listing, and the role of an traded, company, and that therefore the DEPARTMENT OF STATE exchange in overseeing its market and requirement would be consistent with assuring compliance with its listing the investor protection provisions of [Public Notice 10815] standards.21 Section 6(b)(5) of the Exchange Act. The The Commission believes the Commission notes that, as Nasdaq stated Notice of Determinations; Culturally proposed two-year minimum operating in its proposal, the additional two-year Significant Objects Imported for history requirement for companies that operating history requirement can help Exhibition—Determinations: ‘‘Mapa seek to list on the Exchange in to assure that a company listing in Wiya (Your Map’s Not Needed): connection with an offering under connection with a Regulation A offering Australian Aboriginal Art From the Regulation A of the Securities Act is will be more likely to have a developed Fondation Opale’’ Exhibition reasonably designed to address the business plan upon which investors can Exchange’s concerns regarding maturity rely, was able to successfully fund its SUMMARY: Notice is hereby given of the and preparedness for listing of these types of issuers. Regulation A allows initial phase of operations, and may be following determinations: I hereby companies to raise money from the more likely to be better prepared to determine that certain objects to be public in securities offerings of up to satisfy public company requirements, included in the exhibition ‘‘Mapa Wiya $50 million with the filing of Form including reporting and corporate (Your Map’s Not Needed): Australian 1–A but with somewhat more limited governance requirements. Aboriginal Art from the Fondation disclosure requirements than what is While capital formation and access to Opale,’’ imported from abroad for required in a registration statement on markets is very important, the temporary exhibition within the United Form S–1 for an initial public offering.22 Commission notes that the additional States, are of cultural significance. The For example, Form 1–A requires less listing requirement applies to a small objects are imported pursuant to a loan disclosure about the compensation of subset of companies applying to list in agreement with the foreign owner or officers and directors and less detailed connection with a Regulation A offering custodian. I also determine that the management discussion and analysis of and that the Exchange has identified a exhibition or display of the exhibit the issuer’s liquidity and capital reasonable requirement that it believes objects at The Menil Collection, 23 resources and results of operations. will help it to ensure the suitability of Houston, Texas, from on or about The Commission further notes that such companies for an Exchange listing, September 13, 2019, until on or about Regulation A issuers tend to be smaller consistent with the requirements of January 26, 2020, and at possible companies in earlier stages of Section 6(b)(5) of the Exchange Act. additional exhibitions or venues yet to development.24 As a general matter, Finally, the Commission would expect be determined, is in the national early-stage ventures may be relying on interest. I have ordered that Public the development of a new business, Nasdaq to review its experience with Notice of these determinations be product, or service that may or may not the new initial listing standard for find a market, unlike a mature business Regulation A listed companies and published in the Federal Register. consider whether the adoption of the that is more likely to have a track record FOR FURTHER INFORMATION CONTACT: Julie new rule has addressed the concerns of revenue or income. Simpson, Attorney-Adviser, Office of identified by Nasdaq and propose any The Commission believes, based on the Legal Adviser, U.S. Department of appropriate changes, if necessary, to its the factors discussed above, that the State (telephone: 202–632–6471; email: listing standards. proposed operating history requirement [email protected]). The mailing may help to ensure that a company For the reasons discussed above, the address is U.S. Department of State, L/ listing in connection with a Regulation Commission believes that Nasdaq’s PD, SA–5, Suite 5H03, Washington, DC A offering is more seasoned, and thus proposal will further the purposes of 20522–0505. more likely to be ready for the rigors of Section 6(b)(5) of the Exchange Act by, being a public, exchange-listed and among other things, protecting investors SUPPLEMENTARY INFORMATION: The and the public interest, and preventing foregoing determinations were made 21 See, e.g., Securities Exchange Act Release Nos. pursuant to the authority vested in me 65708 (November 8, 2011), 76 FR 70799 (November fraudulent and manipulative acts and 15, 2011) (SR–Nasdaq–2011–073) (order approving practices, as well as promoting fair and by the Act of October 19, 1965 (79 Stat. a proposal to adopt additional listing requirements orderly markets under the Exchange 985; 22 U.S.C. 2459), Executive Order for companies applying to list after consummation Act. 12047 of March 27, 1978, the Foreign of a ‘‘reverse merger’’ with a shell company), and Affairs Reform and Restructuring Act of 57785 (May 6, 2008), 73 FR 27597 (May 13, 2008) IV. Conclusion (SR–NYSE–2008–17) (order approving a proposal to 1998 (112 Stat. 2681, et seq.; 22 U.S.C. adopt new initial and continued listing standards 6501 note, et seq.), Delegation of to list securities of special purpose acquisition It is therefore ordered, pursuant to 25 Authority No. 234 of October 1, 1999, companies). Section 19(b)(2) of the Exchange Act, 22 See Regulation A Adopting Release, supra note that the proposed rule change (SR– Delegation of Authority No. 236–3 of 10. NASDAQ–2019–017) be, and it hereby August 28, 2000, and Delegation of 23 See id. at 21889. The Commission notes that a is, approved. Authority No. 236–28 of June 10, 2019. company that conducts an offering under Regulation A at the same time as listing can include For the Commission, by the Division of Rick A. Ruth, balance sheets for its last two fiscal years, with no Trading and Markets, pursuant to delegated Senior Advisor, Bureau of Educational and interim financial statements, whereas a company 26 that conducts an initial public offering on Form S– authority. Cultural Affairs, Department of State. 1 at the time of listing would be required to have Eduardo A. Aleman, [FR Doc. 2019–14322 Filed 7–3–19; 8:45 am] interim financial statements dated no later than 134 days prior to effectiveness of the Form S–1 and at Deputy Secretary. BILLING CODE 4710–05–P the time of listing See Notice, supra note 5, at [FR Doc. 2019–14276 Filed 7–3–19; 8:45 am] 17225. BILLING CODE 8011–01–P 24 See Securities Exchange Act Release No. 86129 (June 18, 2019), 84 FR 30460, 30492–93 (June 26, 2019) (File No. S7–08–19) (Concept Release on 25 15 U.S.C. 78s(b)(2). Harmonization of Securities Offering Exemptions). 26 17 CFR 200.30–3(a)(12).

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DEPARTMENT OF STATE exported as having the authority to Evaluation and Certification of Precious validate a Kimberley Process Certificate. Mineral Substances. [Public Notice 10813] Section 3(4) of the Act defines Cote D’Ivoire (Ivory Coast)—General ‘‘Importing Authority’’ as one or more Directorate of Customs. List of Participating Countries and European Union—European Commission— Entities in the Kimberley Process entities designated by a Participant into Foreign Policy Instruments; in Belgium: Certification Scheme, Known as whose territory a shipment of rough Federal Public Service of Economy; in the ‘‘Participants’’ for the Purposes of the diamonds is imported as having the Czech Republic: General Directorate of Clean Diamond Trade Act of 2003 and authority to enforce the laws and Customs; in Germany: Main Customs Section 2 of Executive Order 13312 of regulations of the Participant regarding Office (Exporting Authority), General July 29, 2003 imports, including the verification of Directorate for Management VI (Importing the Kimberley Process Certificate Authority); in Portugal: Tributary and SUMMARY: The Department of State is accompanying the shipment. Customs Authority—Licensing Services updating the list of Participants eligible Directorate; in Romania: National for trade in rough diamonds under the List of Participants Authority for Consumer Protection— General Department for Precious Metals, Act, and their respective Importing and Pursuant to Sections 3 and 6 of the Precious Stones and the Kimberley Exporting Authorities, revising the Act, Section 2 of Executive Order 13312, Process; in the United Kingdom: Foreign previously published list of April 26, Department of State Delegations of and Commonwealth Office—Government 2017 to reflect the addition of Gabon. Authority No. 245–1 (February 13, Diamond Office. DATES: This notice is effective July 5, 2009), and No. 376 (October 31, 2011), Gabon—Permanent Center for the Kimberley 2019. I hereby identify the following entities Process Ghana—Ministry of Lands and Natural FOR FURTHER INFORMATION CONTACT: as Participants under section 6(b) of the Act. Included in this List are the Resources—Precious Minerals Marketing Pamela Fierst-Walsh, Senior Advisor, Company Limited. Bureau of Economic and Business Importing and Exporting Authorities for Guinea—Ministry of Mines and Geology. Affairs, Department of State, (202) 647– Participants, as required by Section 6(b) Guyana—Guyana Geology and Mines 6116. of the Act. This List is published solely Commission. for the purpose of implementing the India—The Gem and Jewellery Export SUPPLEMENTARY INFORMATION: Section 4 mandates cited above and does not Promotion Council. of the Clean Diamond Trade Act of reflect or prejudice any other regulation Indonesia—Ministry of Trade—Director 2003, Public Law 108–19 (the ‘‘Act’’) or prohibition that may apply with General for Foreign Trade. requires the President to prohibit the respect to trading, doing business, or Israel—Ministry of Economy and Industry— importation into, or the exportation engaging in any other transaction with Office of the Diamond Controller. from, the United States of any rough Japan—Ministry of Economy, Trade and any of the listed countries or entities. diamond, from whatever source, that Industry—Agency for Natural Resources This list revises the previously has not been controlled through the and Energy Trade and Economic published list of April 26, 2017 to Kimberley Process Certification Scheme Cooperation Bureau. reflect the addition of Gabon. (KPCS). Under Section 3(2) of the Act, Kazakhstan—Ministry for Investments and Development—Committee for Technical ‘‘controlled through the Kimberley Angola—Ministry of Mineral Resources and Petroleum, Ministry of Trade. Regulation and Metrology. Process Certification Scheme’’ means an Korea, Republic of (South Korea)—Ministry importation from the territory of a Armenia—Ministry of Economic Development and Investment. of Trade, Industry and Energy. Participant or exportation to the Australia—Department of Industry, Laos—Ministry of Industry and Commerce— territory of a Participant of rough Innovation and Science (Exporting Department of Import and Export. diamonds that is either (i) carried out in Authority), Department of Home Affairs Lebanon—Ministry of Economy and Trade. accordance with the KPCS, as set forth (Importing Authority). Lesotho—Ministry of Mining—Department of in regulations promulgated by the Bangladesh—Export Promotion Bureau. Mines—Diamond Control Office. President, or (ii) controlled under a Belarus—Ministry of Finance—Precious Liberia—Ministry of Lands, Mines and Metals and Gemstones Department. Energy. system determined by the President to Malaysia—Royal Malaysian Customs meet substantially the standards, Botswana—Ministry of Minerals, Green Technology and Energy Security— Department. practices, and procedures of the KPCS. Diamond Hub. Mali—Ministry of Mines—Office of The referenced regulations are Brazil—Ministry of Mines and Energy— Expertise, Evaluation and Certification of contained at 31 CFR part 592 (‘‘Rough Secretariat of Geology, Mining and Mineral Rough Diamonds. Diamond Control Regulations’’) (68 FR Processing—National Mining Agency. Mauritius—Ministry of Industry, Commerce 45777, August 4, 2003). Cambodia—Ministry of Commerce. and Consumer Protection—Trade Division. Section 6(b) of the Act requires the Cameroon—Ministry of Mines—National Mexico—Ministry of Economy—Directorate- President to publish in the Federal Permanent Secretariat for the Kimberley General for International Trade in Goods. Register a list of all Participants, and all Process. Namibia—Ministry of Mines and Energy— Directorate of Diamond Affairs. Importing and Exporting Authorities of Canada—Ministry of Natural Resources Canada. New Zealand—New Zealand Customs Participants, and to update the list as Central African Republic—Ministry of Mines, Service. necessary. Section 2 of Executive Order Energy and Hydraulics. Norway—Norwegian Customs Service. 13312 of July 29, 2003 delegates this China—General Administration of China Panama—National Customs Authority. function to the Secretary of State. Customs; in the Hong Kong Special Russia—Ministry of Finance. Section 3(7) of the Act defines Administrative Region: Trade and Industry Sierra Leone—National Minerals Agency, ‘‘Participant’’ as a state, customs Department (Exporting Authority), National Revenue Authority. territory, or regional economic Customs and Exercise Department Singapore—Ministry of Trade and Industry, integration organization identified by (Importing Authority). Singapore Customs. Congo, Democratic Republic of the—Ministry South Africa—South African Diamond and the Secretary of State. Section 3(3) of the of Mines—The Center of Expertise, Precious Metals Regulator. Act defines ‘‘Exporting Authority’’ as Evaluation and Certification of Precious Sri Lanka—National Gem and Jewellery one or more entities designated by a and Semiprecious Mineral Substances. Authority. Participant from whose territory a Congo, Republic of the—Ministry of Mines Swaziland—Office of the Commissioner of shipment of rough diamonds is being and Geology—Bureau of Expertise, Mines.

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Switzerland—State Secretariat for Economic on the products in the Annex to this products that were not included in the Affairs. notice. April 12 list for possible inclusion on Taipei—Ministry of Economic Affairs— DATES: To be assured of consideration, the final list of products to be subject to Bureau of Foreign Trade—Import/Export additional duties. Administration Division. the following schedule applies: Tanzania—Ministry of Energy and July 24, 2019: Due date for submission B. Consideration of Additional Products Minerals—Commissioner for Minerals. of requests to appear at the public Thailand—Ministry of Commerce— hearing and summary of testimony. The U.S. Trade Representative has Department of Foreign Trade. August 5, 2019: Due date for decided to consider an additional list of Togo—Ministry of Mines and Energy—Head submission of written comments. products set out in the Annex to this Office of Mines and Geology. August 5, 2019: The Section 301 notice, which may be included on a Turkey—Borsa Istanbul Precious Metals and final list of products subject to Diamond Market. Committee will convene a public hearing in the Main Hearing Room of additional ad valorem duties of up to Ukraine—Ministry of Finance—State 100 percent. The additional list takes Gemmological Centre of Ukraine. the U.S. International Trade United Arab Emirates—Dubai Multi Commission, 500 E Street SW, into account public comments Commodities Center Authority—U.A.E. Washington DC 20436 beginning at 9:30 requesting the consideration of Kimberley Process Office in the Dubai a.m. additional products not included on the Airport Free Zone. August 12, 2019: Due date for April 12 list. United States of America—United States submission of post-hearing rebuttal The additional list in the Annex to Census Bureau (Exporting Authority), comments. this notice contains 89 tariff United States Customs and Border subheadings. These subheadings are Protection (Importing Authority). ADDRESSES: You should submit written valued at approximately $4 billion in Venezuela—Central Bank of Venezuela comments through the Federal terms of the estimated import trade (Exporting Authority), National Customs eRulemaking Portal: http:// and Tax Administration Integrated Service value for calendar year 2018. If the U.S. www.regulations.gov. Follow the Trade Representative determines to take (Importing Authority). instructions for submitting comments in Vietnam—Ministry of Industry and Trade— action in this investigation, a final list Import Export Management Divisions in sections D and E below. The docket of products to be subject to additional Hanoi and Ho Chi Minh City. number is USTR–2019–0003. For issues duties may be drawn from both this and Zimbabwe—Minerals Marketing Corporation with on-line submissions, please contact the April 12 lists. As stated in the April of Zimbabwe (Exporting Authority), the Office of the United States Trade 12 notice, the final list will take into Zimbabwe Revenue Authority (Importing Representative (USTR) Section 301 line account the report of the WTO Authority). at (202) 395–5725. Arbitrator on the appropriate level of Dated: June 28, 2019. FOR FURTHER INFORMATION CONTACT: For countermeasures to be authorized by the Manisha Singh, questions about this investigation WTO. including the proposed tariff actions, Assistant Secretary, Bureau of Economic and C. Request for Public Comments Business Affairs, Department of State. contact Megan Grimball, Assistant [FR Doc. 2019–14358 Filed 7–3–19; 8:45 am] General Counsel, at (202) 395–5725. For USTR invites comments from BILLING CODE 4710–AE–P questions on customs classification of interested persons with respect to the products identified in the Annex to this possible inclusion of products from the notice, contact Traderemedy@ additional list in the Annex to this OFFICE OF THE UNITED STATES cbp.dhs.gov. notice on the final list of products TRADE REPRESENTATIVE SUPPLEMENTARY INFORMATION: subject to additional duties. In particular, USTR invites comments with [Docket No. USTR–2019–0003] A. Proceedings in the Investigation respect to: • The specific products in the Notice of Hearing and Request for In a notice published on April 12, additional list to be subject to increased Public Comments: Enforcement of U.S. 2019 (84 FR 15028), the U.S. Trade duties; WTO Rights in Large Civil Aircraft Representative announced the initiation • the level of the increase, if any, in Dispute of an investigation to enforce U.S. rights in the WTO dispute against the EU and the rate of duty; and AGENCY: Office of the United States certain EU member States addressed to • whether increased duties on Trade Representative. EU subsidies on large civil aircraft. The particular products on the additional ACTION: Notice of hearing, and request April 12 notice, among other things, list might have an adverse effect upon for comments. sought public comment on a U.S. stakeholders, including small preliminary list of EU products (the businesses and consumers. SUMMARY: The U.S. Trade April 12 list) to be considered for D. Hearing Participation Representative is considering the inclusion on a final list of products that additional list of products in the Annex would be subject to additional ad The Section 301 Committee will to this notice, for inclusion on a final valorem duties of up to 100 percent. As convene a public hearing in the Main list of products to be subject to announced in the April 12 notice, the Hearing Room of the U.S. International increased duties in connection with the Section 301 Committee held a public Trade Commission, 500 E Street SW, enforcement of U.S. rights in the World hearing on May 15–16, 2019, and Washington DC 20436 beginning at 9:30 Trade Organization (WTO) dispute received testimony from over 40 a.m. on August 5, 2019. You must against the European Union (EU) and individuals. Interested persons filed submit requests to appear at the hearing certain EU member States addressed to over 600 written submissions, including by July 24, 2019. The request to appear EU subsidies on large civil aircraft. The post-hearing comments. should include a written version of the interagency Section 301 Committee is A number of public comments testimony you expect to give. Remarks seeking public comments and will hold submitted in response to the April 12 at the hearing may be no longer than a public hearing in connection with the notice requested that the U.S. Trade five minutes to allow time for questions possible imposition of increased duties Representative consider additional from the Section 301 Committee.

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All submissions must be in English The www.regulations.gov website comments. The file name of the public and sent electronically via allows users to submit comments by version should begin with the character www.regulations.gov. To submit a filling in a ‘‘type comment’’ field or by ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be request to appear at the hearing via attaching a document using an ‘‘upload followed by the name of the person or www.regulations.gov, enter docket file’’ field. USTR prefers that you submit entity submitting the comments or number USTR–2019–0003. In the ‘‘type comments in an attached document. If rebuttal comments. If these procedures comment’’ field, include the name, you attach a document, it is sufficient to are not sufficient to protect business address, email address, and telephone type ‘‘see attached’’ in the ‘‘type confidential information or otherwise number of the person presenting the comment’’ field. USTR strongly prefers protect business interests, please contact testimony. Attach testimony, and a pre- submissions in Adobe Acrobat (.pdf). If the USTR Section 301 line at (202) 395– hearing submission if provided, by you use an application other than 5725 to discuss whether alternative using the ‘‘upload file’’ field. USTR Adobe Acrobat or Word (.doc), please arrangements are possible. strongly prefers submissions in Adobe indicate the name of the application in USTR will post submissions in the Acrobat (.pdf). The file name should the ‘‘type comment’’ field. docket for public inspection, except include the name of the person who will File names should reflect the name of business confidential information. You be presenting the testimony. In addition, the person or entity submitting the can view submissions on the https:// please submit a request to appear by comments. Please do not attach separate www.regulations.gov website by email to [email protected]. In the cover letters to electronic submissions; entering docket number USTR–2019– subject line of the email, please include rather, include any information that 0003 in the search field on the home the name of the person who will be might appear in a cover letter in the page. comments themselves. Similarly, to the presenting the testimony, followed by Joseph Barloon, ‘Request to Appear’. Please also include extent possible, please include any exhibits, annexes, or other attachments General Counsel, Office of the U.S. Trade the name, address, email address, and Representative. telephone number of the person who in the same file as the comment itself, will be presenting testimony in the body rather than submitting them as separate Annex files. of the email message. For any comments submitted The products that are enumerated and E. Procedures for Written Submissions electronically containing business described in this Annex are being confidential information, the file name considered for additional import duties All submissions must be in English of the business confidential version if they are the product of any of the and sent electronically via should begin with the characters ‘‘BC’’. twenty-eight member States of the www.regulations.gov. To submit Any page containing business European Union. All products that are comments via www.regulations.gov, confidential information must be clearly classified in the 8-digit subheadings of enter docket number USTR–2019–0003 marked ‘‘BUSINESS CONFIDENTIAL’’ the Harmonized Tariff Schedule of the on the home page and click ‘‘search.’’ on the top of that page and the United States (HTS) that are listed in The site will provide a search results submission should clearly indicate, via this Annex are covered by the proposed page listing all documents associated brackets, highlighting, or other means, action. The product descriptions that with this docket. Find a reference to this the specific information that is business are contained in this Annex are notice and click on the link entitled confidential. If you request business provided for informational purposes ‘‘comment now!’’ For further confidential treatment, you must certify only, and are not intended to delimit in information on using the in writing that disclosure of the any way the scope of the proposed www.regulations.gov website, please information would endanger trade action. Any questions regarding the consult the resources provided on the secrets or profitability, and that the scope of a particular HTS subheading website by clicking on ‘‘how to use information would not customarily be should be referred to U.S. Customs and regulations.gov’’ on the bottom of the released to the public. Filers of Border Protection. In the product www.regulations.gov home page. We submissions containing business descriptions, the abbreviation ‘‘nesoi’’ will not accept hand-delivered confidential information also must means ‘‘not elsewhere specified or submissions. submit a public version of their included’’.

HTS subheading Product description

0203.22.90 ...... Frozen hams, shoulders and cuts thereof, with bone in, other than retail cuts. 0203.29.40 ...... Frozen meat of swine, other than retail cuts, nesoi. 0403.90.85 ...... Fermented milk o/than dried fermented milk or o/than dried milk with added lactic ferments. 0403.90.90 ...... Curdled milk/cream/kephir & other fermented or acid. milk/cream subject to add US note 10 to Ch.4. 0403.90.95 ...... Curdled milk/cream/kephir & other fermented or acid. milk/cream subj to GN 15 or Ch4 US note 10. 0404.10.05 ...... Whey protein concentrates. 0405.20.20 ...... Butter substitute dairy spreads, over 45% butterfat weight, subject to quota pursuant to chapter 4 additional US note 14. 0405.20.30 ...... Butter substitute dairy spreads, over 45% butterfat weight, not subj to gen note 15 and in excess of quota in ch. 4 addi- tional US note 14. 0405.20.80 ...... Other dairy spreads, not butter substitutes or of a type provided for in chapter 4 additional US note 1. 0405.90.10 ...... Fats and oils derived from milk, other than butter or dairy spreads, subject to quota pursuant to chapter 4 additional US note 14. 0406.10.44 ...... Fresh (unripened/uncured) edam and gouda cheeses, cheese/subs for cheese cont or processed therefrom, subj to Ch4 US note 20, not GN15. 0406.10.48 ...... Fresh (unripened/uncured) edam and gouda cheeses, cheese/subs for cheese cont or processed therefrom, not sub to Ch4 US note 20, not GN15. 0406.10.54 ...... Fresh (unripened/uncured) Italian-type cheeses from cow milk, cheese/substitutes cont or proc therefrom, subj to Ch4 US nte 21, not GN15. 0406.10.58 ...... Fresh (unripened/uncured) Italian-type cheeses from cow milk, cheese/substitutes cont or proc therefrom, not subj to Ch4 US note 21 or GN15.

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HTS subheading Product description

0406.20.51 ...... Romano, reggiano, provolone, provoletti, sbrinz and goya, made from cow’s milk, grated or powdered, subject to add US note 21 to Ch.4. 0406.20.53 ...... Romano, reggiano, provolone, provoletti, sbrinz and goya, made from cow’s milk, grated or powdered, not subj to Ch4 US nte 21 or GN15. 0406.20.77 ...... Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered, subject to add US note 21 to Ch. 4. 0406.20.79 ...... Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered, not subject to add US note 21 to Ch. 4. 0406.20.87 ...... Cheese (including mixtures), nesoi, n/o 0.5% by wt. of butterfat, grated or powdered, not subject to add US note 23 to Ch. 4. 0406.30.51 ...... Gruyere-process cheese, processed, not grated or powdered, subject to add. US note 22 to Ch. 4. 0406.30.55 ...... Processed cheeses made from sheep’s milk, including mixtures of such cheeses, not grated or powdered. 0406.30.79 ...... Processed cheese cont/procd from Italian-type, not grated/powdered, not subject to add US note 21 to Ch. 4, not GN15. 0406.30.85 ...... Processed cheese (incl. mixtures), nesoi, n/o 0.5% by wt. butterfat, not grated or powdered, subject to Ch4 US note 23, not GN15. 0406.40.54 ...... Blue-veined cheese, nesoi, in original loaves, subject to add. US note 17 to Ch. 4. 0406.90.16 ...... Edam and gouda cheese, nesoi, subject to add. US note 20 to Ch. 4. 0406.90.41 ...... Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, from cow’s milk, subject to add. US note 21 to Ch. 4. 0406.90.42 ...... Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, from cow’s milk, not subj to GN 15 or Ch4 US note 21. 0406.90.43 ...... Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, not from cow’s milk, not subject to gen. note 15. 0406.90.68 ...... Cheeses & subst. for cheese(incl. mixt.), nesoi, w/romano/reggiano/parmesan/provolone/etc, f/cow milk, not subj. Ch4 US note 21, not GN15. 0711.20.18 ...... Olives, n/pitted, green, in saline sol., in contain. >8 kg, drained wt, for repacking or sale, subject to add. US note 5 to Ch. 7. 0711.20.28 ...... Olives, n/pitted, green, in saline sol., in contain. >8 kg, drained wt, for repacking or sale, not subject to add. US note 5 to Ch. 7. 0711.20.38 ...... Olives, n/pitted, nesoi. 0711.20.40 ...... Olives, pitted or stuffed, provisionally preserved but unsuitable in that state for immediate consumption. 0811.90.80 ...... Fruit, nesoi, frozen, whether or not previously steamed or boiled. 0812.10.00 ...... Cherries, provisionally preserved, but unsuitable in that state for immediate consumption. 0812.90.10 ...... Mixtures of two or more fruits, provisionally preserved, but unsuitable in that state for consumption. 0813.40.30 ...... Cherries, dried. 0901.21.00 ...... Coffee, roasted, not decaffeinated. 0901.22.00 ...... Coffee, roasted, decaffeinated. 1601.00.20 ...... Pork sausages and similar products of pork, pork offal or blood; food preparations based on these products. 1602.41.20 ...... Pork hams and cuts thereof, not containing cereals or vegetables, boned and cooked and packed in airtight containers. 1602.41.90 ...... Prepared or preserved pork hams and cuts thereof, not containing cereals or vegetables, nesoi. 1602.42.20 ...... Pork shoulders and cuts thereof, boned and cooked and packed in airtight containers. 1602.42.40 ...... Prepared or preserved pork shoulders and cuts thereof, other than boned and cooked and packed in airtight containers. 1602.49.10 ...... Prepared or preserved pork offal, including mixtures. 1602.49.20 ...... Pork other than ham and shoulder and cuts thereof, not containing cereals or vegetables, boned and cooked and packed in airtight containers. 1602.49.40 ...... Prepared or preserved pork, not containing cereals or vegetables, nesoi. 1602.49.90 ...... Prepared or preserved pork, nesoi. 1902.11.20 ...... Uncooked pasta, not stuffed or otherwise prepared, containing eggs, exclusively pasta. 1902.11.40 ...... Uncooked pasta, not stuffed or otherwise prepared, containing eggs, nesoi, including pasta packaged with sauce prepara- tions. 1902.19.20 ...... Uncooked pasta, not stuffed or otherwise prepared, not containing eggs, exclusively pasta. 1902.19.40 ...... Uncooked pasta, not stuffed or otherwise prepared, not containing eggs, nesoi, including pasta packaged with sauce prep- arations. 1902.20.00 ...... Stuffed pasta, whether or not cooked or otherwise prepared. 1902.30.00 ...... Pasta nesoi. 1905.32.00 ...... Waffles and wafers. 2005.70.12 ...... Olives, green, not pitted, in saline, not ripe. 2008.40.00 ...... Pears, otherwise prepared or preserved, nesoi. 2008.60.00 ...... Cherries, otherwise prepared or preserved, nesoi. 2008.70.20 ...... Peaches (excluding nectarines), otherwise prepared or preserved, not elsewhere specified or included. 2008.97.90 ...... Mixtures of fruit or other edible parts of plants, otherwise prepared or preserved, nesoi (excluding tropical fruit salad). 2009.89.65 ...... Cherry juice, concentrated or not concentrated. 2101.11.21 ...... Instant coffee, not flavored. 2103.90.80 ...... Mixed condiments and mixed seasonings, not described in add US note 3 to Ch. 21. 2208.30.30 ...... Irish and Scotch whiskies. 2208.30.60 ...... Whiskies, other than Irish and Scotch whiskies. 2814.10.00 ...... Anhydrous ammonia. 2814.20.00 ...... Ammonia in aqueous solution. 3102.10.00 ...... Urea, whether or not in aqueous solution. 3102.21.00 ...... Ammonium sulfate. 3102.29.00 ...... Double salts and mixtures of ammonium sulfate and ammonium nitrate. 3102.30.00 ...... Ammonium nitrate, whether or not in aqueous solution. 3102.40.00 ...... Mixtures of ammonium nitrate with calcium carbonate or other inorganic nonfertilizing substances. 3102.50.00 ...... Sodium nitrate. 3102.60.00 ...... Double salts and mixtures of calcium nitrate and ammonium nitrate.

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HTS subheading Product description

3102.80.00 ...... Mixtures of urea and ammonium nitrate in aqueous or ammoniacal solution. 3102.90.01 ...... Mineral or chemical fertilizers, nitrogenous, nesoi, including mixtures not specified elsewhere in heading 3102. 7202.92.00 ...... Ferrovanadium. 7303.00.00 ...... Cast iron, tubes, pipes and hollow profiles. 7307.11.00 ...... Cast nonmalleable iron, fittings for tubes or pipes. 7407.10.50 ...... Refined copper, bars and rods. 7407.21.90 ...... Copper-zinc base alloys (brass), bars & rods nesoi, not having a rectangular cross section. 7409.11.50 ...... Refined copper, plates, sheets and strip, in coils, with a thickness over 0.15mm but less than 5 mm. 7409.21.00 ...... Copper-zinc base alloys (brass), plates, sheets and strip, in coils. 7409.29.00 ...... Copper-zinc base alloys (brass), plates, sheets and strip, not in coils. 7409.31.50 ...... Copper-tin base alloys (bronze), plates, sheets and strip, in coils, with a thickness o/0.15mm but less than 5mm & a width of 500mm or more. 7409.31.90 ...... Copper-tin base alloys (bronze), plates, sheets and strip, in coils, w/thickness o/0.15mm but less than 5mm & a width of less than 500mm. 7409.40.00 ...... Copper-nickel base alloys (cupro-nickel) or copper-nickel-zinc base alloys (nickel silver), plates, sheets and strip, w/thick- ness o/0.15mm. 7409.90.90 ...... Copper alloys (o/than brass/bronze/cupro-nickel/nickel silver), plates, sheets & strip, w/thick. o/0.15mm but less th/5mm & width less 500mm. 7410.11.00 ...... Refined copper, foil, w/thickness of 0.15 mm or less, not backed.

[FR Doc. 2019–14352 Filed 7–3–19; 8:45 am] transportation industry; provide a forum Environmental Impact Statement (EIS) BILLING CODE 3290–F9–P for the discussion of problems involving will be prepared for the proposed Mid- the relationship between industry States Corridor in Southern Indiana. activities and government requirements; FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION and make recommendations to the FAA Michelle Allen, Environmental Administrator on issues and approaches Specialist, Federal Highway Federal Aviation Administration for Federal policies and programs Administration, Federal Building, Room regarding the industry. COMSTAC 254, 575 North Pennsylvania Street, Commercial Space Transportation membership consists of senior Indianapolis, Indiana 46204, Telephone Advisory Committee—Charter Renewal executives from the commercial space (317) 226–7344, or Laura Hilden, AGENCY: Federal Aviation transportation industry; the aviation Director of Environmental Services, Administration (FAA), Department of industry; representatives from the Indiana Department of Transportation, Transportation (DOT). satellite industry, both manufacturers 100 N Senate Avenue, Room N642, and users; state and local government Indianapolis, Indiana 46204, Telephone ACTION: Announcement of renewal of officials; representatives from firms (317) 232–5018. the Commercial Space Transportation providing insurance, financial Advisory Committee (COMSTAC) SUPPLEMENTARY INFORMATION: The investment and legal services for charter. FHWA in cooperation with the Indiana commercial space activities; and Department of Transportation (INDOT) SUMMARY: FAA announces the renewal representatives from academia, space and the Mid-States Corridor Regional of the COMSTAC charter, a Federal advocacy organizations, and industry Development Authority (RDA) will Advisory Committee that provides associations. Complete information prepare a Tier 1 EIS on proposed information, advice, and regarding COMSTAC is available on the highway corridors to improve access to recommendations to DOT and the FAA FAA website at: http://www.faa.gov/ Southern Indiana population, on the critical matters facing the U.S. about/office_org/headquarters_offices/ manufacturing, and multimodal centers commercial space transportation ast/advisory_committee/. (e.g., river barge and rail connections). industry. This renewal will take effect Dated: June 26, 2019. The southern terminus of the proposed action will be US 231 at the the day of publication of this Issued in Washington, DC. Indiana end of the Natcher Bridge announcement, and will expire after 2 Elaine L. Chao, years. crossing of the Ohio River near Secretary, Department of Transportation. Rockport. The northern terminus will be FOR FURTHER INFORMATION CONTACT: Di [FR Doc. 2019–14349 Filed 7–3–19; 8:45 am] at either I–69 or SR 37 at a location Reimold, COMSTAC Designated Federal BILLING CODE 4910–13–P south of the intersection of these two Officer/Executive Director, FAA, routes in Monroe County, Indiana. Commercial Space Transportation, 800 The Tier 1 EIS for this proposed Independence Avenue SW, Rm. 331, DEPARTMENT OF TRANSPORTATION action will be to resolve ‘‘big picture’’ Washington, DC 20591, telephone (202) planning issues such as ‘‘build’’ vs. ‘‘no- 267–7635, email dorothy.reimold@ Federal Highway Administration build’’; facility type; preferred corridor; faa.gov. Environmental Impact Statement: Mid- and logical termini for ‘‘projects of SUPPLEMENTARY INFORMATION: Pursuant States Corridor, Southern Indiana independent utility’’ within the to Section 10(a)(2) of the Federal preferred corridor. This proposed action Advisory Committee Act (Pub. L. 92– AGENCY: Federal Highway is intended to strengthen the highway 463), FAA is giving notice of the Administration (FHWA), DOT. network in Southern Indiana by renewal of the COMSTAC charter. The ACTION: Notice of intent. providing improved linkages among the primary goals of COMSTAC are to: existing highway routes in the region Evaluate economic, technological, and SUMMARY: The Federal Highway and by providing more direct institutional developments relating to Administration (FHWA) is issuing this connections among the region’s major the U.S. commercial space notice to advise the public that an population and economic centers. By

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strengthening the highway network, this DEPARTMENT OF THE TREASURY Dated: June 28, 2019. proposed action is intended to stimulate Andrea Gacki, economic growth in Southern Indiana Office of Foreign Assets Control Director, Office of Foreign Assets Control. by enhancing access to existing centers Notice of OFAC Sanctions Action [FR Doc. 2019–14318 Filed 7–3–19; 8:45 am] of economic activity and creating new BILLING CODE 4810–AL–P opportunities where possible. AGENCY: Office of Foreign Assets The FHWA is using a tiered EIS to Control, Treasury. focus on issues in an organized manner ACTION: Notice. DEPARTMENT OF VETERANS as discussed in the Council of AFFAIRS SUMMARY: The Department of the Environmental Quality (CEQ) Treasury’s Office of Foreign Assets [OMB Control No. 2900–0864] regulations at 40 CFR 1502.20. The Tier Control (OFAC) is publishing the names 1 document will include in-depth of one or more persons that have been Agency Information Collection analysis of environmental, placed on OFAC’s Specially Designated Activity: VA Post-Separation Transition transportation, and economic impacts, Nationals and Blocked Persons List Assistance Program (TAP) as well as cost estimates. This document based on OFAC’s determination that one Assessment (PSTAP) Longitudinal will provide the basis for FHWA to or more applicable legal criteria were Survey grant location approval for a specific satisfied. All property and interests in corridor. AGENCY: Veterans Benefits property subject to U.S. jurisdiction of Administration, Department of Veterans The Tier 2 environmental documents this person are blocked, and U.S. Affairs. will result from a series of smaller persons are generally prohibited from ACTION: Notice. studies for individual sections of the engaging in transactions with them. corridor. Within each section of the DATES: See SUPPLEMENTARY INFORMATION SUMMARY: The Veterans Benefits corridor, specific alignments would be section. Administration (VBA), Department of identified and evaluated based upon FOR FURTHER INFORMATION CONTACT: Veterans Affairs (VA), is announcing an their social, economic and OFAC: Associate Director for Global opportunity for public comment on the environmental impacts. The Tier 2 Targeting, tel.: 202–622–2420; Assistant proposed collection of certain documents would be more closely Director for Sanctions Compliance & information by the agency. Under the tailored to address transportation needs Evaluation, tel.: 202–622–2490; Paperwork Reduction Act (PRA) of within each project section. Assistant Director for Licensing, tel.: 1995, Federal agencies are required to A scoping meeting will be held for the 202–622–2480; Assistant Director for publish notice in the Federal Register regulatory agencies. There also will be Regulatory Affairs, tel.: 202–622–4855; concerning each proposed collection of several public scoping meetings held at or the Department of the Treasury’s information, including each proposed various locations in the project area. Office of the General Counsel: Office of revision of a currently approved Early coordination letters describing the the Chief Counsel (Foreign Assets collection, and allow 60 days for public proposed action and soliciting Control), tel.: 202–622–2410. comment in response to the notice. comments will be sent to appropriate SUPPLEMENTARY INFORMATION: DATES: Written comments and Federal, State, and local agencies. As Electronic Availability recommendations on the proposed part of the process, public hearings will collection of information should be also be held. Public notice will be given The Specially Designated Nationals received on or before September 3, as to the time and place of the meetings and Blocked Persons List and additional 2019. information concerning OFAC sanctions and hearings. The public hearings will ADDRESSES: Submit written comments be held after the draft EIS is available programs are available on OFAC’s website (https://www.treasury.gov/ofac). on the collection of information through for review. Federal Docket Management System To ensure that the full range of issues Notice of OFAC Action(s) (FDMS) at www.Regulations.gov or related to this proposed action is On June 28, 2019, OFAC determined Nancy Kessinger, Veterans Benefits addressed and any significant impacts that the property and interests in Administration (20M3), Department of are identified, comments and property subject to U.S. jurisdiction of Veterans Affairs, 810 Vermont Avenue suggestions are invited from all the following person are blocked under NW, Washington, DC 20420 or email to interested parties. Comments or the relevant sanctions authority listed [email protected]. Please refer to questions concerning this proposed below. ‘‘OMB Control No. 2900–0864’’ in any action and this Tier 1 EIS should be correspondence. During the comment Individual directed to the FHWA or the INDOT at period, comments may be viewed online the address provided above. 1. MADURO GUERRA, Nicolas Ernesto through FDMS. (Latin: MADURO GUERRA, Nicola´s Ernesto), (Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION CONTACT: Caracas, Capital District, Venezuela; DOB 21 Danny S. Green at (202) 421–1354). Program Number 20.205, Highway Planning Jun 1990; Gender Male; Cedula No. 19398759 and Construction. The regulations (Venezuela) (individual) [VENEZUELA]. SUPPLEMENTARY INFORMATION: Under the implementing Executive Order 12372 Designated pursuant to section 1(a)(ii)(C) of PRA of 1995, Federal agencies must regarding intergovernmental consultation on Executive Order 13692 of March 8, 2015, obtain approval from the Office of Federal programs and activities apply to this ‘‘Blocking Property and Suspending Entry of Management and Budget (OMB) for each program) Certain Persons Contributing to the Situation collection of information they conduct in Venezuela’’ (E.O. 13692), as amended by or sponsor. This request for comment is Issued on: June 28, 2019. Executive Order 13857 of January 25, 2019, being made pursuant to Section Mayela Sosa, ‘‘Taking Additional Steps To Address the National Emergency With Respect to 3506(c)(2)(A) of the PRA. Division Administrator, Indianapolis, IN. Venezuela,’’ (E.O. 13857) for being a current With respect to the following [FR Doc. 2019–14306 Filed 7–3–19; 8:45 am] or former official of the Government of collection of information, VBA invites BILLING CODE 4910–22–P Venezuela. comments on: (1) Whether the proposed

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collection of information is necessary Estimated Annual Burden: 1,478 being held in a government building, a for the proper performance of VBA’s hours. photo I.D. must be presented at the functions, including whether the Estimated Average Burden per Guard’s Desk as part of the clearance information will have practical utility; Respondent: 18.5 minutes. process. Due to an increase in security (2) the accuracy of VBA’s estimate of the Frequency of Response: Annual. protocols, and in order to prevent delays burden of the proposed collection of Estimated Number of Respondents: in clearance processing, you should information; (3) ways to enhance the 4,795. allow an additional 30 minutes before quality, utility, and clarity of the By direction of the Secretary. the meeting begins. Any member of the information to be collected; and (4) Danny S. Green, public who wishes to attend the meeting ways to minimize the burden of the Interim VA Clearance Officer, Office of should RSVP to Latrese Arnold at (202) collection of information on Quality, Performance, and Risk, Department 461–9773 no later than close of respondents, including through the use of Veterans Affairs. business, August 5, 2019, at the phone of automated collection techniques or [FR Doc. 2019–14348 Filed 7–3–19; 8:45 am] number or email address noted above. the use of other forms of information BILLING CODE 8320–01–P Dated: June 28, 2019. technology. LaTonya L. Small, Authority: Public Law 112–56 Sec Federal Advisory Committee Management 221–225. DEPARTMENT OF VETERANS Officer. Title: Department of Veterans Affairs AFFAIRS [FR Doc. 2019–14289 Filed 7–3–19; 8:45 am] (VA) Post-Separation Transition BILLING CODE P Assistance Program (TAP) Assessment Veterans’ Advisory Committee on Longitudinal Survey. Rehabilitation, Notice of Meeting OMB Control Number: 2900–0864. The Department of Veterans Affairs DEPARTMENT OF VETERANS Type of Review: New collection. (VA) gives notice under the Federal AFFAIRS Abstract: This collection effort is the Advisory Committee Act, that a meeting Creating Options for Veterans second phase of the PSTAP and of the Veterans’ Advisory Committee on participants are respondents of the Expedited Recovery (COVER) Rehabilitation (VACOR) will be held on Commission, Notice of Meeting original collection under the subject Tuesday, August 13–Wednesday, control number approved on 4 Apr 19. August 14, 2019, at 1800 G Street NW, In accordance with the Federal The PSTAP Longitudinal Survey will be Room 542, Washington, DC 20006. The Advisory Committee Act, the Creating implemented by VA to assess how the meeting sessions will begin and end as Options for Veterans Expedited Recover TAP training for Transitioning follows: (COVER) Commission gives notice that Servicemembers (TSMs) prepares a full commission meeting will be held Veterans for civilian life and its effects Date: Time: on July 16, 2019. on long-term Veteran outcomes. This August 13, 2019 ...... 8:30 a.m. to 4:00 p.m. The purpose of the COVER new information collection request August 14, 2019 ...... 8:30 a.m. to 4:00 p.m. Commission is to examine the evidence- (ICR) will be conducted once per year based therapy treatment model used by and is designed as a longitudinal survey The meeting sessions are open to the the Department of Veterans Affairs (VA) in conjunction with a cross sectional public. for treating mental health conditions of survey previously submitted to OMB. The purpose of the Committee is to Veterans and the potential benefits of The survey population will include provide advice to the Secretary on the incorporating complementary and servicemembers who participated in the rehabilitation needs of Veterans with integrative health approaches as cross-sectional survey and voluntarily disabilities and on the administration of standard practice throughout the agreed to participate in the longitudinal VA’s rehabilitation programs. Department. survey. VA will use email, other On August 13, 2019, the Committee On July 16, 2019, the open meeting electronic communications and mail members will be provided with updated will be held virtually from 1:00–4:00 methods to administer the survey, briefings on various VA programs p.m. ET via a dedicated phone line for limiting the burden on respondents. The designed to enhance the rehabilitative the COVER Commissioners and a survey will be administered to gauge the potential of disabled Veterans to include listening line for the public. These long-term effectiveness of the Transition an update on Vocational Rehabilitation meetings are for Commissioners to Assistance Program (TAP) by: (1) and Employment Modernization efforts. summarize COVER Commission Examining the relationship between On August 14, 2019, Committee subcommittee activities and findings, attendance in TAP courses and the use members will discuss and explore receive briefings from external subject of VA Benefits; (2) analyzing the effect potential recommendations to be matter experts and discuss treatment of participation in TAP courses on the included in the Committee’s next experiences with Veterans. long-term outcomes of Veterans in the annual report. The listening line for the public is 1– broad life domains of employment, Although no time will be allocated for 800–767–1750; access code 83362#. The education, health and social receiving oral presentations from the line will be activated 10 minutes before relationships, financial, social public, members of the public may the call-in session. Listeners are asked connectivity and overall satisfaction and submit written statements for review by to acknowledge themselves as being well-being, and; (3) identifying areas of the Committee to Latrese Arnold, present by sending an email to improvement for TAP and the broader Designated Federal Officer, Veterans [email protected]. Any transition process to guide training and/ Benefits Administration (28), 810 member of the public seeking additional or operational activities aimed at Vermont Avenue NW, Washington, DC information should also email enhancing the quality of service 20420, or via email at Latrese.Arnold@ [email protected]. The provided to transitioning service va.gov. In the communication, writers Designated Federal Officer for the members, Veterans, their families and must identify themselves and state the Commission is Mr. John Goodrich. He caregivers. organization, association or person(s) and commission staff will be monitoring Affected Public: Individuals. they represent. Because the meeting is and responding to questions or

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comments sent to this email box. The communications with the COVER Dated: June 28, 2019. Committee will also accept written Commission, the writers must identify LaTonya L. Small, comments which may be sent to the themselves and state the organizations, Federal Advisory Committee Management same email box. In the public’s associations, or persons they represent. Officer. [FR Doc. 2019–14290 Filed 7–3–19; 8:45 am] BILLING CODE P

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Reader Aids Federal Register Vol. 84, No. 129 Friday, July 5, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 30...... 32105 Presidential Documents 3 CFR 39...... 32104 Executive orders and proclamations 741–6000 Proclamations: 140...... 32104 The United States Government Manual 741–6000 9907...... 32013 21 CFR Other Services Administrative Orders: Memorandums: 10...... 31471 Electronic and on-line services (voice) 741–6020 Memorandum of June 800...... 31471 Privacy Act Compilation 741–6050 26, 2019 ...... 31457 25 CFR 7 CFR ELECTRONIC RESEARCH Proposed Rules: 1222...... 31459 224...... 31529 World Wide Web 3201...... 32015 Proposed Rules: 26 CFR Full text of the daily Federal Register, CFR and other publications 210...... 31227 1...... 31194, 31717 is located at: www.govinfo.gov. 220...... 31227 31...... 31717 Federal Register information and research tools, including Public 226...... 31227 301...... 31478, 31717 Inspection List and electronic text are located at: Proposed Rules: 8 CFR www.federalregister.gov. 1...... 31777 1003...... 31463 53...... 31795 E-mail 1292...... 31463 FEDREGTOC (Daily Federal Register Table of Contents Electronic 27 CFR 10 CFR Mailing List) is an open e-mail service that provides subscribers Proposed Rules: with a digital form of the Federal Register Table of Contents. The Proposed Rules: 4...... 31257 digital form of the Federal Register Table of Contents includes 150...... 31518 5...... 31264 HTML and PDF links to the full text of each document. 431...... 31232 7...... 31264 26...... 31264 To join or leave, go to https://public.govdelivery.com/accounts/ 12 CFR USGPOOFR/subscriber/new, enter your email address, then 27...... 31264 follow the instructions to join, leave, or manage your 229...... 31687 30 CFR subscription. 265...... 31701 365...... 31171 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 390...... 31171 70...... 31809 service that notifies subscribers of recently enacted laws. 1030...... 31687 71...... 31809 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 72...... 31809 and select Join or leave the list (or change settings); then follow 1003...... 31746 75...... 31809 the instructions. 90...... 31809 14 CFR FEDREGTOC and PENS are mailing lists only. We cannot 916...... 32109 respond to specific inquiries. 25 ...... 31174, 31176, 31178 918...... 32111 39 ...... 31707, 31710, 32028 Reference questions. Send questions and comments about the 91...... 31713 32 CFR Federal Register system to: [email protected] 97 ...... 32030, 32033, 32037, 1701...... 31194 The Federal Register staff cannot interpret specific documents or 32038 regulations. Proposed Rules: 33 CFR 25...... 31522, 31747 100...... 32061 FEDERAL REGISTER PAGES AND DATE, JULY 27...... 31747 165 ...... 31197, 31199, 31200, 29...... 31747 31202, 31480, 31481, 31484, 31171–31458...... 1 39 ...... 31244, 31246, 31249, 31486, 31587, 31490, 31492, 31459–31686...... 2 31252, 31254, 31524, 31526, 31721, 31722, 31723, 31724, 31687–32012...... 3 31769, 31772, 31775, 32099, 31725, 32063, 32064 32013–32254...... 5 32101 207...... 31493 91...... 31747 Proposed Rules: 121...... 31747 100...... 31810 125...... 31747 165...... 31273, 32112 135...... 31747 34 CFR 16 CFR Ch. II ...... 31726 609...... 31180 200...... 31660 299...... 31660 17 CFR 600...... 31392 210...... 32040 668...... 31392 232...... 31192 Proposed Rules: 37 CFR 1...... 32104 2...... 31498

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7...... 31498 60...... 32084 60...... 32114 47 CFR 11...... 31498 180 ...... 31208, 31214, 32088 62...... 31278, 31279 Proposed Rules: 222...... 31512 81...... 31814 2...... 31542 39 CFR 223...... 31512 300...... 31281, 31826 54...... 32117 3060...... 31738 224...... 31512 87...... 31542 Proposed Rules: 228...... 31512 43 CFR 229...... 31512 50 CFR 3050...... 31277 3830...... 31219 435...... 32094 648...... 31743 40 CFR Proposed Rules: 660...... 31222, 32096 52 ...... 31204, 31206, 31682, 49...... 31813 45 CFR 679...... 31517 31684, 31739, 31741, 32066, 52 ...... 31538, 31540, 31541, Proposed Rules: Proposed Rules: 32068, 32072, 32076 31814 1323...... 32116 Ch. I ...... 31559

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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 July 3, 2019 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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